Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-07-09
death ENDS L|F[
Of JUDGE CASN[LL
Venerable .Jurist and Well
known Lawyer Succumbs
Suddenly
HAD CANCER OF STOMACH

denly Latc Saturday With Attack
Which Caused His Dcath--Was Emil
mont judge and Successful Lawyer.
Judge Obed Caswell, for ten years q
Judge Of the Seventeenth judicial DIS
trict and the republican nominee FOR
a third term, one Of the very well
known of the city's lawyers. the city's
first solicitor and mayor of the town
before 1t became a city, and one OF the
early settlers of Marshalltown, died
suddenly ut his home, 300 South Sixth
street, Saturday evening about 1880
O'clock. Death was caused by cancer
OF the stomach which had involved the
liver and other vital organs.
Judge Caswell's death came as a
sudden shock to his family. his many
business acquaintance and wide cir
Gle of friends in this city, county anu
turnout the judicial district. 1t was
the climax OF the disease which had
for year and half been slowly sap
ping his vitality. During the past
year. and especially within the past
six months, he had been steadily losing
strength, and his apparent fraiity hau
been the subject of comment of those
with whom he most often came In con-
tact 1t was but during the March
term of court. while he was on the
bench hearing a case that he tainted
momentarily, but soon revived. 1t was
then especially noticeable how frail he
appeared.
Death Was Without Warning.
While sick for months approaching
death gave no warning, and half hour
before the end came he appeared mo
worse than he had been for weeks,
When stricken he was sitting on ms
porch reading He had intended going
for ride, but had decided not TO do SO.
When the intense pain came which was
the beginning of the end he called
his daughters, who hurrying to him.
half carried him into The house ana
seated him on the edge of the bed.
while they supported him he became
unconscious. and in a few minutes Ia
ter was dead, but not until his son
Clyde c. Caswell, and the attending
physician, who had been summoned by
telephone. arrived.
Ranked High as Judge.
During the ten years he had been on
the bench Judge Caswell had become
one of the prominent circuit Judges OF
the state, among whom he ranked high
as an interpreter Of the law. His de-
cisions OF law points were generally
sound and were given only
after the greatest deliberation. He In
sisted on all cases being tried only IN
the court room, and steadfastly refused
when outside of the court room to
discuss cases, which were up for tr1al.
He was eminently fair and most con-
scientious, and while man of pro-
nounced likes and disllkes, his opin-
ions have been upheld by higher trl-
bunals with remarkable regularity. He
despised sham and false pretenses and
those dilatory and questionable methods
frequently employed by lawyers seek
ing to gain advantage by continuances,
DELAYS and other means. During his
terms of court he insisted that all the
cases docketed, should unless there
was good cause for delay, be tried out.
AS q result of these methods the terms
over which he presided were notable
for the business transacted.
His decision in the test of the SOL
diers' preference law, which was of
state wide Importance, was one of the
most notable of his rulings. While an
old soldier himself, and while deeply
interested in the case, he held the law
to be unconstitutional and in his opin-
ion said it was class legislation. AL
tho his decision was reversed by the
supreme court 1t is a safe assertion
that the large majority OF the lawyers
OF the state hold he was correct.
He was first appointed judge bv
Governor Francis M. Drake in 1895,
when the reconstruction Of the judicial
district was made, after he had been
chosen by the republicans Of the coun-
ty. In 1898 he was reelected, and
again in 1902. Last spring he received
the nomination for the third time by
the republicans of Marshall, Tama and
Benton counties.
Judge Caswell was not politician.
He refused to stoop to methods which
are frequently used to secure political
preference, and his independent and
opinions created opponents
who have sought to remove him from
the bench but were unsuccessful. His
ability secured for him his
Was Successful Lawyer.
Attorneys who have been associated
with and against him, during the many
years he practiced, are Of one opinion,
that he was good and successful law
YER Not successful in the making Of
money especially but in the conducting
Of his law practice. For more than a
quarter of century he was member
Of one of the Oldest law firms in the
city, that of Caswell & Meeker. He
ranked we'll among the best of the old
err lawyers, and he conducted with a
diligence and thoroughness the trial of
mis- cases that was often the surprise
IF his opponents. He was never
known or suspected of deserving a
client, and his legal advice was never
given until he had weighed the case
In every sense he was a
awyer. not a pettifogger. He made
40 claims to oratory, and was a better
.alker than speech maker. The
strength of his arguments before jul