practicing at this bar are: Jerome Carskaddan and Irvin S. Pepper, the latter now member of congress, of the firm of Carskaddan & Pepper; Henry Jayne and William Hoffman, the firm of Jayne & Hoffman; G. Albee; H. M. Bartlett; F. M. Bilhmeier; Robert Brooke, West Liberty; Thomas Brown; J. C. Coster; J. W. Eells; Louise Eversmeyer; F. W. Eversmeyer; J. R. Hanley and Charles P. Hanley, of the firm of Hanley & Son; T. R. Fitzgerald; Lawrence J. Horan and John F. Devitt, of the firm of Horan & Devitt; H. D. Horst; E. P. Ingham; C. A. W. Kent; J. G. Kammerer; J. M. Kemble; H. C. Madden; F. A. Martin, Wilton; J. E. McIntosh and L. A. McIntosh, West Liberty; D. B. Richman; E. F. Richman; N. Rosenberger; M. W. Stapleton; J. E. Stevenson; G. M. Titus; Ralph U. and Herbert G., of the firm of Thompson & Thompson; E. M. Warner; A. R. Whitmer, Wilton Junction.

FIRST AND LAST MEMBER OF CONGRESS.

When Iowa was admitted as a state Judge S. Clinton Hastings was its first representative in congress. That was no little distinction for that remarkable personage and the bar of Muscatine considered, and that very justly, that honor had been thrust upon it. That was many years ago-some little over a half century. In the meantime, while many of its members arose to high rank in the profession and attained exalted positions of trust and importance, it remained for one of its youngest members, I. S. Pepper, to make the second memher of the Muscatine bar to represent this congressional district at Washington. He is now serving his first term and representing the interests of his constituency ably and well.

PIONEER BENCH AND BAR.

Hon. J. Scott Richman was down for a "sentiment" on the pioneer bench and bar of Muscatine county, at the annual meeting of the Old Settlers Society in 1881. The Judge's speech upon the subject assigned him covered the ground in so graphic and interesting a manner as to be worthy of reproduction in this chapter:

"The settlement of the territories of the United States has generally preceded their organization, and to this rule Iowa is no exception. It was first incorporated with and was a part of Wisconsin. In June, 1838, an act to divide the territory of Wisconsin and to establish the territorial government of Iowa was passed. Officers were at once appointed for the new territory thus established, and, among others, three judges were appointed. Charles Mason was appointed chief justice and Joseph Williams and Thomas S. Wilson were appointed associate judges. The above named judges appointed by the president of the United States, constituted the supreme court of the territory.

"But the first judges were those appointed by the settlers to determine disputed rights to claims. This was done before the territory of Wisconsin was organized, and, although no record was kept of the decisions made by those earliest judges, we have it by tradition that they found means to carry out their judgments, and that it was decidedly unhealthy to attempt to evade or disregard them. The territory was divided into three districts and a district court was

directed to be held in every organized county in each district by one of the said judges. So that the judges, separately, were district judges, and together they constituted the supreme court. Without naming counties, or going into particulars, I will say that Judge Mason presided in the southern district, Judge Williams in the middle district, and Judge Wilson in the northern district. Judge Mason resided in Burlington, or near there; Judge Williams at Muscatine, and Judge Wilson at Dubuque. The supreme court was held at Iowa City, which was the territorial seat of government.

"Of these judges it may be said, Mason had the most learning or at least the best legal mind, the most dignity and was the most industrious. Williams had the most experience and was the most versatile, but was lacking in dignity and industry. Wilson was the youngest member of the court. He was modest, had moderate ability, and was the best dressed member of the court. He had some dignity but was lacking in industry. So that it may be said that Mason represented the solid learning and dignity of the court; Williams, its comedy and versatility; and Wilson, its youth, beauty and moderation.

"In support of what I have said of the industry of the several judges, I refer to Mason's Iowa Reports. That book contains the reports of two hundred and eighteen cases decided by the territorial supreme court. The opinions in six-possibly seven of those cases were written by Williams, fifteen-possibly sixteen-by Wilson, and one hundred and ninety-five by Mason.

"I will not say that the number of decisions written by each judge represented his comparative legal ability but I may be justified in saying that they did represent his relative industry. I have not time to speak more particularly of the early times, and I shall be unable to particularize the members of the bar, or to speak of them save in a general way. And for lack of specific personal knowledge I will confine myself to the general course of affairs in Judge Williams' district.

"It was the plan for the members of the bar generally, to travel around the district with the judge. Court seldom lasted more than a week in any of the interior counties, and each member of the bar who traveled the district was the owner of a pair of saddlebags, one end of which would be stuffed with changes of clothing and the other with papers and a book or two. Besides a pair of saddlebags, nearly every attorney owned a horse and the district was traveled on horseback.

"There were no libraries of consequence in any of the interior towns except Iowa City, which had the territorial library. The statutes and a few text-books constituted the libraries of the lawyers of those days. So when they started to go around the district each member would take with him the book which he considered the most useful. Some would have Swan's Treatise, others Cowen's Treatise; one an Ohio, the other a New York book; others still would have a stray volume or two of the digest of the reports of some state. And I must be permitted to say that cases seldom arose in the early times wherein the attorneys could not find something to enlighten themselves and the court in Cowen's Treatise.

"Charges of the court to juries were given orally and it was difficult to agree upon the precise language used by the court in charging a jury, when it was

desirable to embody the same in a bill of exceptions. We had no reporters in those days. Sometimes the attorneys would take notes of the testimony, but such notes were not official and the attorneys could not always agree upon what the evidence was. In such cases, the court, who usually remembered and knew less about the testimony than the attorneys, would have to decide between them. Cases were much more rapidly disposed of than they now are. There was not so much time spent in examining witnesses and the speeches of the attorneys were not on an average more than half as long as they are now. On the whole there was perhaps as near an approach to justice in the disposition of cases as can be boasted of at present.

"The judges and the traveling lawyers made it a point to stop at the same hotel when that was possible in the different county towns. Of course they had the best rooms and the best beds, though there were usually four or five beds in a room, and never less than two in a bed. A room and a bed was a luxury unknown to those times. The beds were made of "prairie feathers" otherwise "prairie hay," and were sometimes quite comfortable. In the evenings, after supper, the judge and the lawyers, instead of studying their cases and getting ready for the next day's trials, would repair to the parlor or best room in the hotel, though there was usually a bed or two in the parlor, and had high carnival till near midnight. Judge Williams was a musician and played the violin and flute with considerable taste, and E. H. Thomas, prosecuting attorney, who resided in Louisa county, played second, or alto. After they had played all their best tunes and the music had lost some of its charms, the time would be occupied in telling stories and in singing songs. In all this Judge Williams was in his glory. He sang well and could tell a good story, and although some of his stories had been heard by the members of the bar a hundred times-more or less-it was always in order to laugh when one was concluded. If the stories had been oft repeated and were stale to the lawyers they were new to the eager crowd of outside listeners, for on such occasions, the hall, the doorway and the windows, when it was not too cold, would be filled and darkened by jurymen, witnesses and the inhabitants of the village where court was being held. Sometimes it was the order for each, beginning with the judge and including all of the attorneys, to sing a song or tell a story in his turn. Of course this would bring forth all sorts of stories and all sorts of songs. Stephen Whicher could tell a good story and S. C. Hastings used to sing a song.

"If I had time I could tell some interesting things about the pioneer bench and bar. I could say something about the peculiarities of the attorneys but my time has expired and I conclude by saying that the pioneer judge of this district was versatile and many sided and gave quite as much satisfaction to the general public in the discharge of his duties as could be expected. He had natural ability but it was difficult for him to concentrate his attention for any length of time upon perplexing questions.

"Of the attorneys I may say that, taking them altogether, they compared favorably with the attorneys of the present time, and especially is this true when we consider the difficulties under which they labored. Books were few and cases could not be cited on every question which arose as they can be now. Among the pioneer members of the bar who practiced more or less in this county, I may

mention Grimes & Starr, David Rorer, Stephen Whicher, S. C. Hastings, William G. Woodward, R. P. Lowe, Jacob Butler, J. G. Deshler, J. C. Day, John P. Cook and myself. Jacob Butler and J. C. Day are the only pioneer lawyers in this county who did not hold honorable positions as officers, either of the state or United States. Grimes was a strong man, although not so brilliant as Starr, his partner. As you all know, Grimes became governor of the state and afterwards one of its honored United States senators. Stephen Whicher was for a time district attorney for the United States. S. C. Hastings was a member of congress from this state and afterwards became chief justice of the supreme court. He removed to California and there held the office of attorney general and also that of chief justice. William G. Woodward was one of the judges of the supreme court. R. P. Lowe was governor of the state and afterwards one of its supreme judges. John P. Cook was a member of congress. John G. Deshler was United States attorney under Tyler and I had the honor of being judge of this district for nearly ten years."

A FASHIONABLE QUADRILLE AND AN INDIAN WAR DANCE.

The following is one of Suel Foster's stories, in which an Indian war dance figured quite prominently: "In the spring of 1839, Stephen Whicher made a large social party at his house, then situated on the northwest corner of Second and Locust streets, at which was present about twenty Indians, with their squaws, in calico breeches, roundabouts, moccasins ornamented with beads and trinkets. The Indian men were also dressed for the party, with faces painted and gay blankets, with their war trophies on, jewels in their ears and noses, brass bands on their arms, long, ornamented pipes, weasel skin and skunk tobacco pouches, war clubs with feathers attached to them, bears' claws and tusks, buckskin breeches and waumsies highly ornamented. All the elite of the town were present-ladies and gentlemen, young and middle aged. We had no old folks then. George Lucas was there, Ralph Lowe and his wife, Matthew Mathews and his daughter, H. Mathews, his wife and two daughters, M. Couch and wife, and others, comprising a social and jolly company indeed. The center of the large front room was cleared and an Indian war dance introduced. They lacked music and Mrs. Whicher brought out some tin pans, and with the fire shovel and tongs and some sticks made the music.

"Kishkekosh, the noble chief, stepped out on the floor alone. He was divested of nearly all his garments, a most splendid figure of human form, and led the dance in majestic style. Shortly one after another of the men joined until the floor was nearly filled the while circling around in all sorts of savage and frantic shapes and attitudes, keeping time with the ding of the pan and tongs, at the same time uttering low gutteral sounds-hew-wa-wa-hew-ha-wa-we-ho-hew-hawwoo, which increased in loudness and tone until it became a savage howl and they charged upon each other until the ladies were greatly frightened. The door was guarded so as not to allow any to escape and the tumult became very general all around, whites and copper. The squaws did not dance but laughed to burst to see the pale faced women so frightened. The dance gradually subsided, when one of the Indians sprang at one of the fairest of the fair ladies to kiss her but

she would not and screamed. As compensation for this most excellent and extraordinary entertainment-the best ever witnessed in Muscatine the Indians insisted on a dance by the whites, and more especially by the white 'squaws.' A good violin was tuned and the dance performed in most elegant style. The Indians appeared equally delighted as the whites did at their dance. Thus ended one of the most brilliant occasions in the history of our city. The party dispersed at the small hours of the night, the whites to their log cabins and the Indians to their whiskey up Pappoose creek, each in their peaceful and happy homes."