Webster City freeman. [volume] (Webster City, Hamilton County, Iowa) 1884-1946, 1914-03-17
EARLY JUDGES
AND LAWYERS
First Term of District Court Held in
Hamilton County was Held
September 7, 1857.
PLENTY OF LAWYERS THEN
Jacb Skinner Came to This City in
1857 and D. D. Chase Arrived
Year Later.
PLENTY OF LAWYERS THEN

From the History of Hamilton
County by F. @. and j. w. Lee: In
1855, Judge McFarlands seat was
sought by William w. Williamson OF
Polk county and Williamson was de-
clared elected, but Mcfarland con-
tested the election and the contest
was decided against Williamson.
In 1857, when Hamilton county
was organized, it became part OF
the thirteenth judicial district and
James D. Thompson of Hardin coun-
ty was elected Judge.
The first term of the district
court held in the county after its
separation from Webster, was held
at Webster City, September 7, 1857,
Hon. J. D. Thompson, Judge, presid-
ing.
| There was no dearth of lawyers
even at that early date, for we note
that there attended this term of
court, Attorneys, w. R. Daniels;
prosecuting attorney, Messervey &
Richard, of Fort Dodge; Dana &
Frazier, of Nevada Hall, of Boons-
boro; Berkeley, of Webster City, and
Smith, of Homer, and there were
twenty-siX cases on the docket for
trial.
In 1857, Jacob Skinner came to
Webster City and a year later, D. D.
Chase arrived. Skinner was about
forty-eight years old. He had had
considerable experience as lawyer
and was possessed of a fine library.
Chase was about twenty-seven years
of age and man of fine accomplish
ments and these two at once took
first rank at the bar.
In 1853, Hamilton county was
made a part of the eleventh judic-
ial district and John Porter of Har-
din county was elected Judge. Judge
Porter evidently proved to be good
judge for he was reelected in 1852
and continued to hold the Office un-
til he resigned in 1866.
AS an illustration of the mode of
practice in the fifties, we give here,
an account If "a Famous Case
written by Isaiah Doane, many years
ago:
"a Famous Case" in which Skin
ner, Berkeley and Hepburn figured:
l think it was in the spring of
1859 that 1 was called upon, for the
first time, to do jury service in the
district court Of Hamilton county,
Iowa. Possibly it may have been
year or so later. At any rate, Hon.
John Porter, of Eldora, was presid-
ing Judge, and William P. Hepburn,
then of Marshalltown, was district
attorney.
During this term of court there
was a trial for the violation of the
liquor law, which was, in many of
it's provisions, very similar to the
present prohibitory law. AS fire.
quently happens in such cases, the
great state of Iowa was plaintiff,
and the members of some kind of a
mercantile firm were defendants.
think their names were Barton and
Robbins, or Robinson. AS in duty
bound. the district attorney, Colonel
Pete Hepburn, as he was afterwards
familiarly called, appeared for the
state, and Granville Burnley and
Jacob Skinner for the defendants.
The trial was protracted one, for
that time; for limited county
exchequer compelled economy in the
luxury of litigation, and with Judge
Porter on the bench, a suit involv-
ing a few hundred dollars could not
drag its slow length along" over
four or five days simply to allow two
or three stripping shysters to adver-
tise themselves by posing before the
public as advocates in the case.
As radical changes in human ma
ture are of such exceedingly slow
development as not to be appreci-
able in the life Of one generation, it
follows that it was substantially the
same then as now. And the human
nature of today is such that when
devotee of Bacchus is called into
court to tell 'his honor and the
jury" when, where, how and from
what saloon, drugstore or hole in
the wall he obtained certain exhil-
arating beverages, he suddenly be-
comes reticent, oblivious and slow of
apprehension, as we'll as a very
poor judge of whiskey." So in the
trial Of this case the state" sur
rounded by cloud Of intelligent
looking witnesses; but it was soon