Newspapers-Freeman (weekly), Freeman-Tribune (daily), Graphic Herald (weekly), Journal (daily and weekly), Tribune (weekly). Opticians C. I. Eberle, Heron & Smith, R. W. Homan, J. L. Haddox. Osteopathic Physicians-Dysart & Dysart. Photographers-Ed. Brown, Geo. Johnson. Physicians Syrena Andrews, Belle Conrad, T. F. Desmond, F. J. Drake (Homeopathic), C. I. Eberle, O. A. Hall, R. W. Homan, J. N. Medbery, A. M. Pond, C. W. Rummel, E. E. Richardson, F. E. Whitley. Pianos and Organs-W. H. Cook, L. C. Chase. Restaurants-C. M. Arthur, Brunswick Chop House, Chicago Cafe, Farmer's Restaurant, Hathaway & Son. Rug Manufacturers-Economy Rug Co. Second-Hand Goods-Daniels Bros., J. H. Servis, Star Second-Hand Store. Veterinary Surgeons-J. E. Williams, C. A. Zublin. A study of the foregoing directories will show that of among the names given in the directory of 1869, only three are in active business today. The man who is entitled to the credit of being actively engaged in business in Hamilton county for the longest term is J. M. Jones, who commenced in the fifties, and who has been actively engaged either as a merchant or banker ever since, except during the time he served as paymaster during the war. Next is J. W. Covil who opened his law office in 1866, then J. L. Kamrar, who commenced his law practice in 1871. Among the retail merchants H. A. Crandall, Geo. W. Teed, N. B. and J. B. Trumbauer, Louis Frank, Wm. Hahne, J. H. Lee and H. R. Dodge were in business prior to 1880 and their names are still on the list as active business men. Geo. W. Teed has conducted a drug and jewelry store continuously since 1874, and still gives personal attention to the wants of his customers. For continuous personal application to business he perhaps "holds the record" though H. A. Crandall is not far behind. Failures in business have not been many. The most notable are the Grabscheid, Anderson and Keller cases. Vol. 1-23 CHAPTER XXII THE BENCH AND BAR JUDGE M'FARLAND—OTHER EARLY JUDGES AND LAWYERS—A FAMOUS CASEPIONEER JUSTICE PRACTICE-REPORT OF THE FIRST GRAND JURY-OUR LAWYERS IN 1867-HAMILTON COUNTY JUDGES-DANIEL DARROW CHASE-DAVID D. MIRACLE-NORMAN B. HYATT-MODERN TRIALS AND LAWYERS-THE DEPARTED— WM. R. DANIELS, JACOB SKINNER, F. Q. LEE, G. b. PRAY, H. G. CULP. The territory of Hamilton county first came under judicial supervision, when in 1852, Risley county was attached to the fifth judicial district. The first judge who had jurisdiction in this county was William McKay of Polk county. In 1854 Phineas M. Casady of Polk county was elected judge of the fifth district, but so far as the record shows, neither McKay nor Casady ever held court within the limits of Hamilton county. JUDGE M'FARLAND The first term of court held in the county was presided over by Judge McFarland, and as he was a prominent figure in early days, both as judge and politician, we will try to give some idea of the kind of man he appeared to be to the pioneers of this county. We have no record of his early life. The first mention of his name we have seen was in connection with the judgeship in 1851. Upon the resignation of Judge William McKay, of the fifth judicial district McFarland was appointed by the governor to fill the vacancy. He was a man of magnificent personal appearance, attracting attention whereever he went. He wore a luxuriant beard, which he allowed to grow at full length, and of which he was somewhat vain. He was generous hearted and accommodating to the extreme, yet was somewhat high tempered, and prone to sudden anger at some real, or imaginary insult and would use whatever power at hand to avenge it. However, when his passion cooled, he was as ready for reconciliation as anyone could wish. He was a man of fine ability, and his decisions as a judge, though they sometimes took a short cut for justice, were usually right, and were generally sustained by the supreme court, upon appeal. He loved a jolly company and a good story, and was in the habit of partaking rather freely of what the settlers called "tangle foot," oftentimes to excess. The habit grew on him as he advanced in years. It will easily be seen that such a man, acting as he did, largely upon impulse, could not be regarded as eccentric. He was a delegate to the Cincinnati National Convention which nominated James Buchanan for president, and was chairman of the Iowa delegation. He took an active and conspicuous part in the proceedings and it is said that a St. Louis paper in its account of the convention, referred to him as "a man with a flourishing crop of whiskers, whose extravagant luxuriance doubtless exhausted such a large proportion of nutriment as to greatly impoverish the nerve centers of the brain." When McFarland saw the paper he became furious and vowed vengeance upon the reporter, but was unable to find him. It is safe to say that had he found him, somebody would have received a chastisement, for the Judge was well endowed with courage, as well as physical strength. In those days it was the custom of certain attorneys to "ride the circuit" with the judge for the purpose of attending to such business as might come up and among the "circuit riding lawyers" who visited this country were Dan Finch, "Timber" Wood, John A. Hull, and Henry L. Huff. At one of the courts held in this county, E. H. West, who was sheriff was to officiate for the first time, and not being familiar with the formal language used in opening court, asked Judge McFarland to write out the words he should use so that no mistake would occur. The Judge wrote on a strip of paper the words: "Hear ye, Hear ye, this honorable court is now open, etc." Sheriff West placed the paper in his hat and the hat upon the table to have it handy when needed. Dan Finch took the paper out, and when he saw what was upon it, wrote upon a similar paper: "Hear ye, Hear ye, this mill is about to grind, all ye who have grists to grind bring them in now," and placed it in the hat instead of the other. The judge took his seat and said: "Sheriff, convene court." The sheriff took the paper in his hand and went to the door and in pompous and stentorian tones read off the paper Finch had prepared, which created no small amount of merriment. The judge, giving the sheriff proper instructions, had court opened in due form and singling out Finch as the perpetrator of the joke, read him a severe lecture, and threatened to fine him for contempt of court if he was ever again guilty of such levity at the expense of the dignity of the halls of justice. The first time McFarland was elected judge some irregularities were discovered and his seat was contested. John A. Hull was employed as attorney against McFarland. A short time before the election Hull had bought a barrel of lime of the judge but had not paid for it. McFarland was so angry because of the bringing of the contest, that acting upon the impulse of the moment, he sued Hull for the lime. Hull immediately paid the claim to the justice, while McFarland, in the meantime got over his wrath and refused to take the money. Hull would not take it back, so the justice kept it. At one time, the judge had been imbibing freely, and the weather being hot, he fell asleep upon the bench. Dan Finch and another attorney were trying a case and became involved in a hot personal quarrel which seemed likely to end in a fight. The judge woke up, and taking in the situation informed the quarreling lawyers that "if they didn't quiet down immediately he would come down and whip h-1 out of both of them." They quieted. The writer was once in a company in which Ex-Governor Stone was the central figure. The eccentricities of Judge McFarland were the subject of conversation and the governor is responsible for the following incident. |