Part 37 (2/2)

After Judge Smythe's nomination William Leffingwell was put up by the democrats to beat him, Leffingwell being one of the noted orators of the state, but Judge Smythe was victorious. He attained to a high place as lawyer and as a constructive statesman. He possessed a profound intellect, was popular among the ma.s.ses, and a just and honorable man.

He pa.s.sed away when he had just reached middle life, one of the ablest and most versatile men in Linn county at the time of his untimely death.

Judge N. M. Hubbard, who was a unique character and one of the best known men in Iowa for many years, was born in Oswego, New York, in 1829, the son of a Methodist minister. He was reared on a farm and began life as a blacksmith, although later he obtained a university education. Judge Hubbard located in Marion for the practice of his profession in 1854, later removing to Cedar Rapids. In February, 1856, he was a delegate to the state convention which met at Iowa City, where he helped to organize the republican party. During the war he a.s.sisted in organizing the Twentieth Iowa Volunteer Infantry, in which he was chosen a captain, serving under General F. J. Herron. In March, 1863, he was promoted to judge advocate and served in the army until he was breveted major in 1865. This year he was appointed district judge, resigning after having served a year, to accept the position of general attorney for the Northwestern railroad in the state of Iowa.

The sayings of Judge Hubbard would fill a book of many pages, but many of them would need to be sterilized before put into type. Many of these witty remarks are still repeated during a lull in the court room when stories take the place of dry facts. He was truly an original character, not only as a political manager of a great political party, but as railway counsel, and as a person who filled a large place in the political arena of Iowa for many years. A few of these sayings may give the reader an idea of the man as he really appeared during these years of his political and legal career in Iowa.

At one time being asked how a new a.s.sistant behaved who had been appointed local attorney for the railroad of which Hubbard had charge, he replied, ”Tim is a real bull in a china shop; what he don't smash he dirties.”

Speaking at one time of a technical lawyer, he added, ”here is my friend J, he is so technical that he will fall all over a crowbar to hunt for a pin and not even see the crowbar, mind you.”

While judge on the bench, some pompous doctor who was a witness asked leave to go home to look after his patients, and the judge quietly replied. ”You had better stay here so as to give your patients a chance to get well.”

At another time an attorney who had formerly been governor got the worst of it in Hubbard's court, and he appealed to him as a man and friend, saying that the judge evidently must have forgotten that he held his position due to his appointment while governor. Judge Hubbard coolly replied, ”Yes, I remember that very well as being the only decent act of your term of office,” and went on ruling against him as he had before.

On a hot June day Hubbard was trying a case against John Weare, one of the old pioneer bankers of this county. There was a lull in the proceedings, and as the jury was walking out of the court room Weare pulled out a large red handkerchief to wipe the sweat from his brow, when Hubbard in his peculiar articulation, for which he was noted, piped out, ”John, it makes you sweat to tell the truth, don't it?” The crowd laughed, and the cutting sarcasm was never forgotten or forgiven by the aged banker, who was at the mercy of his old antagonist.

During one of the many political campaigns a Des Moines paper accused Hubbard of giving away five hundred tickets to delegates. He was asked by a friend about this and Hubbard replied. ”That is a lie, I gave away eleven hundred tickets this year, that is all.”

During the Parrott fight for the governors.h.i.+p of Iowa, Hubbard at first supported his old friend, but when he saw the turn affairs were taking he suggested that Parrott withdraw, but the candidate refused, adding that he had so many delegates pledged, and furthermore felt that he had Providence on his side. Hubbard simply replied, ”Well, you can take to Providence and I will take to Shaw.”

While arguing a case before the supreme court, the opposing counsel had pounded the table a great deal during his lengthy argument. When he concluded, Judge Hubbard arose to reply in the following little speech: ”I am strong. I can pound this oak table to pieces for I have been a blacksmith in my time, and I will pound this table into splinters if you say and if it will help me to win this suit.” He went on in this manner until the members of the court laughed, and even the opposing counsel saw the ridiculousness of his performance.

[Ill.u.s.tration: METHODIST CHURCH, PALO]

[Ill.u.s.tration: SCENE AT SPRINGVILLE]

During one of his last appearances in court he was called by the opposing counsel an ”old mossback who might have been a great lawyer, but that was many years ago.” When the lawyer concluded all eyes were turned on the old judge. As he arose to reply he said: ”True. I am old and not what I used to be, and I suppose I am fast getting to be an old mossback.” Then he went on telling of the old lawyers he had known at the bar in Iowa in the early day. He spoke of the methods of the old advocates, and of their bitter political fights, then added, ”They never tried to bolster up a witness, defraud an antagonist, or blackmail a client as they do now, and if the real up-to-date lawyer must do such a thing in order to become great and prominent, then I thank G.o.d I am an old fogy of a lawyer and belong to the former generation.”

Judge Hubbard at one time abused Bill Harper most unmercifully in a suit, and Bill Harper threatened that he would maul Hubbard into a dish of jelly at sight. The judge one day appeared in court shortly after the trouble, when Major Thompson said, ”Judge, Bill Harper is looking for you.” The judge looked around, for he feared Harper, and not seeing him, replied in somewhat of a gusto, ”I saw him in the park and if he had done anything to me, he would never have been Bill Harper at all, he would have been dead.”

At another time while the judge was defending a railroad company in a damage suit involving a large amount of money a colored man had sworn positively to facts in a case which everyone thought he knew nothing about. In the trial of the case the judge turned to an old friend, and a ”Copperhead,” saying, ”I am glad there are some Copperheads here; I fought to free the n.i.g.g.e.r. I stood up to be shot at, now, by gosh, I am a Copperhead. A man who will swear in court like that n.i.g.g.e.r did today ought to be a slave and should never be free.”

Judge James H. Rothrock was a native of Pennsylvania, and as a mere lad removed to Ohio where he acquired his education at Parker's Academy and at the Franklin University. He was admitted to the bar at Greenfield, Ohio, removing to Tipton, Iowa, in 1860. He was elected to the house of representatives in 1861 and was elected speaker pro tem. He entered the army as lieutenant, and upon his return from the army formed a partners.h.i.+p with Judge W. P. Wolf, which lasted until he was nominated for judge of the eighth judicial district in 1866. He performed services as judge in that district with ability and impartiality. He was serving his third term when he was appointed to the bench of the supreme court.

A few stories may be related of Judge Rothrock which in a way ill.u.s.trate his wit and exemplary character:

Judge Rothrock had been trained in the general principles of law and did not go much on statute law. At one time he was one of a committee to examine a number of persons for admission to the bar, and a young, bright fellow seemed to have committed to memory much of the statute law of the state, but knew nothing of general principles. The judge quietly said to the young man. ”You surely are in a bad way, my friend, because the legislature might in a night repeal all the law that you know.”

At another time he was on the bench in Linn county when George W.

Wilson, as receiver, brought in a wagon load of books to prove up a certain a.s.signment. Judge Rothrock asked why all these books were brought in, and Wilson replied, ”To show up the receivers.h.i.+p in the case, your honor.” The judge smiled and said. ”Don't you think this failure was due to too much bookkeeping?”

At one time as he was a.s.signing cases, and not being familiar with some of the members of the bar, Tom Corbett appeared in a case a.s.signed for trial. The judge quietly asked Mr. Corbett's name and as Mr. Corbett arose to speak Judge Hubbard blurted out. ”Jot him down plain Tom, that is enough.” Mr. Corbett blushed crimson, whispering to another attorney that he would get even some day. Judge Hubbard many times afterwards became the prey to Corbett's heartless raillery, his sharp retorts, and pungent wit.

At one time there were a number of lawyers engaged in a hotly contested will matter where Judge Rothrock presided, and as the attorneys talked back and forth across the table and there was more or less disturbance in the court room, the judge leaned quietly over, saying in a very pleasant manner to one of the lawyers who had done most of the quarreling, that he did not see why he was sitting there. The attorney quick as a flash replied, ”You've got me now, Judge, I don't know.”

After his retirement from the bench Judge Rothrock was frequently called in to a.s.sist other attorneys in the trials of equity cases. It became a standing joke among the members of the bar that when they found cases in which Judge Rothrock had written the opinion which held just the opposite of what he was contending for, they were certain to rub it in, much to the judge's embarra.s.sment.

While Judge Rothrock resided at Tipton he came up to Marion to preside over a term of court and as there were but few persons around he asked the bystanders if there was anything doing this term of court, to which they replied that they did not know. He said, ”Is Doty here,” and they replied that he was. Then he asked, ”Is Harper here?” and they said he had been present for the past day or so. Then he said, ”Bailiff, take my grip and coat, there will be something doing this term of court; I guess I will stay awhile.”

It was Judge Rothrock who made the famous entry of record in several cases after Doty and Harper had fought for thirty years, ”settled by agreement, each party to pay his own costs, peace declared, the same being duly ratified by the court.” During these years Harper had lost everything he had, and Doty was content to have his lawyer share the income out of an eighty acre tract of land and thus felt that he came out about even. He figured that the lawyer got the better half of the income of this farm during all the years the litigation continued.

<script>