startled the lawyer and caused him to halt. The judge reassured him by joining in with the mule, and roaring out: " Go it, Old Timber! There's two of you now!"
Judge McFarland is remembered by all the early settlers, and not unkindly. He drank intemperately, but he passed his bottle generously among the crowd, even as he sat upon the bench, or jumped and wrestled with spectators outside. He had no concealment of his judicial or personal conduct. He would sometimes arbitrarily take the case from the attorneys and the jury and decide it without reference to anything except his momentary whim. Such acts were regarded rather as matter of jest than anger by the even-tempered people, and excited little comment. It is said that in stating the law and their official duty to the grand jurors in another county he said: " This Maine liquor law, fanatics made it, and some think it unconstitutional, but that is not your business. You are to indict all persons who sell liquor. There is plenty of liquor sold in this town. If you want to know where it is sold, wait until court adjourns, watch the bystanders, and see where the judge goes."
It should be remembered that public sentiment as to the use of intoxicants as a beverage has greatly changed in the last thirty-five years.
Among McFarland's accomplishments and tastes should be noted his fondness for his dog and gun, and his ability as a keen sportsman. From court to court on the circuit he was invariably accompanied by his two finely trained bird dogs and his fowling piece. The first act on his arrival at the door of the primitive hotel was to unload and care for the game he had taken on his journey. Then an interval in court business, or an early adjourment in the afternoon, would be the signal for the gun and dogs, and a scout on the prairie for game. When such a jaunt was taken at Nevada he was usually accompanied by the boys and idlers, who in addition to the pleasure of beholding and applauding the fine work of the judge and his dogs, had the further incentive of as many prairie chickens as they cared to carry home.
It is but justice to the memory of C. J. McFarland to state that examination of the records, as well as the testimony of those who practiced before him, indicate that with all his failings he was an upright and conscientious judge, faithful to his friends, and kind and indulgent in his family. He had the pronounced and terrible misfortune of being a drunkard without shame, and his seat on the bench was a gross outrage on the people and an insult to common decency.
Among those who traveled the circuit with him and tried causes before him were the brilliant and genial D. O. Finch, Marcellus M. Crocker, the then able attorney and subsequent distinguished soldier, John A. Hull, young, vigorous and aggressive, and taking his share of both work and play, and the not to be forgotten " Timber " Woods. These attorneys were among the interpreters and founders of jurisprudence here. They practiced law in courts where the library consisted of the Code of Iowa and a copy of Blackstone's Commentaries. Beyond this they were thrown on their own resources. To present their causes to court and jury they must rely on their own sense of right for the discovery of the true principles involved, and upon invention and discovery for the means of making these clear to others. There were then few decisions by which to be governed, and these young men were engaged in formulating the precedents of to-day and the future. That they did this wisely and well is the testimony of those who now profit by their labor and genius.