History of Linn County Iowa: From Its Earliest Settlement to the Present Time [1911]Brewer, Luther Albertus
History
History of Linn County Iowa: From Its Earliest Settlement to the Present Time [1911]
Brewer, Luther Albertus
Linn County (Iowa) -- Biography; Linn County (Iowa) -- History; Registers of births, etc. -- Iowa -- Linn County
The first district judge for Linn county after the adoption of the new
constitution in 1857, was Hon. William E. Miller, of Iowa City, and
Isaac L. Allen, of Toledo, was elected district attorney--this in 1858.
Allen was afterwards attorney general of the state.
Judge Miller was well equipped for the position. With a thorough common
school education, and having been a practical machinist when young, and
with strong common sense, he had a naturally good judicial mind that
had been improved by careful study and years of practice in the law. He
came to the bench an intelligent, fair, and courteous judge. He
resigned in 1862 and entered the Union army as colonel of the
Twenty-eighth Iowa Volunteer Infantry. He afterwards served as circuit
judge and finally as supreme judge of the state. From the resignation
of Judge Miller till January 1, 1867, the district bench was graced in
its occupancy by Judge N. W. Isbell, C. H. Conklin, and N. M. Hubbard.
Judge Miller was a broad-shouldered, short, squatty fellow, and though
a good lawyer and jurist, he was an indifferent advocate, and not
particularly strong as a trial lawyer.
Judge Conklin was probably the most scholarly, accomplished and
profound lawyer that ever sat on the district bench in this part of the
state. His home was in Vinton, and while he lived among the people
there he did not seem to be of them. He was a strong, tall, raw-boned
man, always carefully dressed, with a most marked intellectual face,
and he was certainly one of the most eloquent advocates that ever stood
before a jury in eastern Iowa.
Judge James H. Rothrock, of Tipton, was elected judge in 1866, and
served on the district bench till in February, 1876, when he was, by
the governor, appointed to a seat on the supreme bench, which position
he filled for over twenty years, when he voluntarily declined a further
renomination. He, too, entered the Union army in 1862 as lieutenant
colonel of the Thirty-fifth Iowa Volunteer Infantry, and served with
credit till sickness compelled him to resign and come home. Judge
Rothrock was not a learned man in the sense of having a college
education or having possessed an extensive breadth of general reading
in history or science, nor was he fluent of speech, or particularly
adroit as a practitioner, but he possessed naturally good judgment, a
most thorough common English education, a good knowledge of the law and
its basic principles, a sound understanding, with an innate sense of
justice. He was patient and even tempered, dignified, and kind. He made
a splendid _nisi prius_ judge. His opinions were always plain, couched
in good strong Anglo-Saxon, terse and sound, and will long bear the
close and sharp criticism of posterity. Whenever he announced a
principle of law, it was accepted without dispute as the law on the
point involved. Judge Rothrock was a large man of fine physique,
impressible presence, and very genial when off the bench.
Public-domain text, read in full here on John Shaqi.
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