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1890 Biographical and Historical Memoirs of Story County, Iowa

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Page 149 of 460

Henry C. Henderson, of Marshall County, was elected to the vacancy in 1881, and for the next full term in 1882. He was followed by John L. Stevens, of Story County, who was elected in 1886.

Meantime on the circuit bench John H. Bradley, of Marshall County, succeeded Judge Hudson in 1874, and was in turn followed by D. D. Miracle, of Hamilton County, in 1882, who was also elected to a second term in 1886.

The judicial system was again changed in 1886. The office of circuit judge was abolished, and Story was assigned with other counties to a district in which three district judges were provided, two of these being Miracle and Stevens, both already on the bench, and to whom was added S. M. Weaver, of Hardin County, by election. On the death of D. D. Miracle, D. R. Hindman, of Boone, was elected his successor, and the three district judges are now, 1890, Stevens, Weaver and Hindman.

Judge Thompson removed to another State many years since. Porter has been long in practice in Hardin County. Bradley and Henderson resumed practice in Marshall County. D. D. Chase is in practice at Webster City. Hudson removed to Chicago. McFarland, Mitchell, McKenzie and Miracle are dead.

It may reasonably and modestly be said that, with very few exceptions, the judges of the courts of Story have been men of respectable standing in their profession, and quite a number of them possessed of superior ability and legal learning. Those who still live in Iowa sustain themselves well upon the bench or in the practice of the law to which they have returned. Story County has furnished but one of the number, who, still young, maintains a standing with the ablest and best of them.

[The judicial convention of 1890 has, without opposition, nominated the judges now on the bench, Stevens, Hindman and Weaver, for another term, to which they will without doubt be elected.]

Of the judges of the courts of record in Story County, from the earliest times until now, there stands forth, unique and peculiar, the figure of C. J. McFarland. Physically, as well as intellectually, he was pre-eminent. He was of large frame, well balanced, had a well-rounded contour, but carried no superfluous flesh. A large head well covered, a beard extending to his girdle, and a florid face well lighted with expression, he was a man to be marked and remembered by all who met him. He was fond of athletic and other sports. Being addicted to the use of intoxicants, he was often under their influence when on the bench, and, drunk or sober, was liable to do whimsical things. Many amusing things have been published respecting him, and many more have passed from lip to ear that would not bear the light of the printed page. One incident that happened at Marietta, then the county seat of Marshall County, found its way, with appropriate illustration, into the press. It was said that a case was on trial before the court, and a lawyer from Burlington was addressing the jury; the name of the attorney was James S. Woods. He was jovial, rollicking, and of a youthful appearance, though his age fairly entitled him to the play upon his name which was indulged in by the younger fellows who traveled the circuit with his honor. They, as well as others, spoke of him familiarly and impudently as " Old Timber," or " Timber Woods." The court-room was on the first floor; the day was warm; the windows were open; in the rear of the building was a feeding-yard filled with teams; Lawyer Woods was earnest in his cause, and his resounding voice was heard in the yard and on the streets. When he was at the very highest pitch of earnest eloquence, a mule in the yard set up a loud and long continued bray that

Page 149 of 460

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