of
Muscatine County Iowa
1911
| History of Muscatine County Iowa 1911 | |
Source: History of Muscatine County Iowa, Volume I, 1911, pages 378-381
PIONEER BENCH AND BAR. Hon. J. Scott Richman was down for a "sentiment" on the pioneer bench and bar of Muscatine county, at the annual meeting of the Old Settlers Society in 1881. The Judge's speech upon the subject assigned him covered the ground in so graphic and interesting a manner as to be worthy of reproduction in this chapter:
"The settlement of the territories of the United States has generally preceded their organization, and to this rule Iowa is no exception. It was first incorporated with and was a part of Wisconsin. In June, 1838, an act to divide the territory of Wisconsin and to establish the territorial government of Iowa was passed. Officers were at once appointed for the new territory thus established, and, among others, three judges were appointed. Charles Mason was appointed chief justice and Joseph Williams and Thomas S. Wilson were appointed associate judges. The above named judges appointed by the president of the United States, constituted the supreme court of the territory.
"But the first judges were those appointed by the settlers to determine disputed rights to claims. This was done before the territory of Wisconsin was organized, and, although no record was kept of the decisions made by those earliest judges, we have it by tradition that they found means to carry out their judgments, and that it was decidedly unhealthy to attempt to evade or disregard them. The territory was divided into three districts and a district court was directed to be held in every organized county in each district by one of the said judges. So that the judges, separately, were district judges, and together they constituted the supreme court. Without naming counties, or going into particulars, I will say that Judge Mason presided in the southern district, Judge Williams in the middle district, and Judge Wilson in the northern district. Judge Mason resided in Burlington, or near there; Judge Williams at Muscatine, and Judge Wilson at Dubuque. The supreme court was held at Iowa City, which was the territorial seat of government.
"Of these judges it may be said, Mason had the most learning or at least the best legal mind, the most dignity and was the most industrious. Williams had the most experience and was the most versatile, but was lacking in dignity and industry. Wilson was the youngest member of the court. He was modest, had moderate ability, and was the best dressed member of the court. He had some dignity but was lacking in industry. So that it may be said that Mason represented the solid learning and dignity of the court; Williams, its comedy and versatility; and Wilson, its youth, beauty and moderation.
"In support of what I have said of the industry of the several judges, I refer to Mason's Iowa Reports. That book contains the reports of two hundred and eighteen cases decided by the territorial supreme court. The opinions in six--possibly seven of those cases--were written by Williams, fifteen--possibly sixteen--by Wilson, and one hundred and ninety-five by Mason.
"I will not say that the number of decisions written by each judge represented his comparative legal ability but I may be justified in saying that they did represent his relative industry. I have not time to speak more particularly of the early times, and I shall be unable to particularize the members of the bar, or to speak of them save in a general way. And for lack of specific personal knowledge I will confine myself to the general course of affairs in Judge Williams' district.
"It was the plan for the members of the bar generally, to travel around the district with the judge. Court seldom lasted more than a week in any of the interior counties, and each member of the bar who traveled the district was the owner of a pair of saddlebags, one end of which would be stuffed with changes of clothing and the other with papers and a book or two. Besides a pair of saddlebags, nearly every attorney owned a horse and the district was traveled on horseback.
"There were no libraries of consequence in any of the interior towns except Iowa City, which had the territorial library. The statutes and a few text-books constituted the libraries of the lawyers of those days. So when they started to go around the district each member would take with him the book which he considered the most useful. Some would have Swan's Treatise, others Cowen's Treatise; one an Ohio, the other a New York book; others still would have a stray volume or two of the digest of the reports of some state. And I must be permitted to say that cases seldom arose in the early times wherein the attorneys could not find something to enlighten themselves and the court in Cowen's Treatise.
Charges of the court to juries were given orally and it was difficult to agree upon the precise language used by the court in charging a jury, when it was desirable to embody the same in a bill of exceptions. We had no reporters in those days. Sometimes the attorneys would take notes of the testimony, but such notes were not official and the attorneys could not always agree upon what the evidence was. In such cases, the court, who usually remembered and knew less about the testimony than the attorneys, would have to decide between them. Cases were much more rapidly disposed of than they now are. There was not so much time spent in examining witnesses and the speeches of the attorneys were not on an average more than half as long as they are now. On the whole there was perhaps as near an approach to justice in the disposition of cases as can be boasted of at present.
"The judges and the traveling lawyers made it a point to stop at the same hotel when that was possible in the different county towns. Of course they had the best rooms and the best beds, though there were usually four or five beds in a room, and never less than two in a bed. A room and a bed was a luxury unknown to those times. The beds were made of "prairie feathers" otherwise "prairie hay," and were sometimes quite comfortable. In the evenings, after supper, the judge and the lawyers, instead of studying their cases and getting ready for the next day's trials, would repair to the parlor or best room in the hotel, though there was usually a bed or two in the parlor, and had high carnival till near midnight. Judge Williams was a musician and played the violin and flute with considerable taste, and E. H. Thomas, prosecuting attorney, who resided in Louisa county, played second, or alto. After they had played all their best tunes and the music had lost some of its charms, the time would be occupied in telling stories and in singing songs. In all this Judge Williams was in his glory. He sang well and could tell a good story, and although some of his stories had been heard by the members of the bar a hundred times--more or less--it was always in order to laugh when one was concluded. If the stories had been oft repeated and were stale to the lawyers they were new to the eager crowd of outside listeners, for on such occasions, the hall, the doorway and the windows, when it was not too cold, would be filled and darkened by jurymen, witnesses and the inhabitants of the village where court was being held. Sometimes it was the order for each, beginning with the judge and including all of the attorneys, to sing a song or tell a story in his turn. Of course this would bring forth all sorts of stories and all sorts of songs. Stephen Whicher could tell a good story and S. C. Hastings used to sing a song.
"If I had time I could tell some interesting things about the pioneer bench and bar. I could say something about the peculiarities of the attorneys but my time has expired and I conclude by saying that the pioneer judge of this district was versatile and many sided and gave quite as much satisfaction to the general public in the discharge of his duties as could be expected. He had natural ability but it was difficult for him to concentrate his attention for any length of time upon perplexing questions.
"Of the attorneys I may say that, taking them altogether, they compared favorably with the attorneys of the present time, and especially is this true when we consider the difficulties under which they labored. Books were few and cases could not be cited on every question which arose as they can be now. Among the pioneer members of the bar who practiced more or less in this county, I may mention Grimes & Starr, David Rorer, Stephen Whicher, S. C. Hastings, William G. Woodward, R. P. Lowe, Jacob Butler, J. G. Deshler, J. C. Day, John P. Cook and myself. Jacob Butler and J. C. Day are the only pioneer lawyers in this county who did not hold honorable positions as officers, either of the state or United States. Grimes was a strong man, although not so brilliant as Starr, his partner. As you all know, Grimes became governor of the state and afterwards one of its honored United States senators. Stephen Whicher was for a time district attorney for the United States. S. C. Hastings was a member of congress from this state and afterwards became chief justice of the supreme court. He removed to California and there held the office of attorney general and also that of chief justice. William G. Woodward was one of the judges of the supreme court. R. P. Lowe was governor of the state and afterwards one of its supreme judges. John P. Cook was a member of congress. John G. Deshler was United States attorney under Tyler and I had the honor of being judge of this district for nearly ten years."
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