Linn county was set off by act of legislature in 1837, while Iowa was then a part of Wisconsin Territory. In August Governor Lucas set off Johnson, Cedar, Jones and Linn counties in one legislative district. The attorneys from Linn county who appeared at Iowa City at the July term, A. D. 1847, were Isaac M. Preston, John David and William Smythe, all of whom became noted lawyers before that body later. The judges on the bench at this time were three well known Iowa jurists: Williams, Wilson, and Kinney.
The first court was held at Marion October 26, 1840, presided over by Joseph Williams, who had been appointed to the judgeship July 25, 1838. At this term of court, according to the records, there were present District Attorney W. G. Woodward for the federal government, R. P. Lowe, prosecuting attorney, H. W. Gray, sheriff, T. H. Tryon, clerk, and L. Mallory, marshal of the district. On the first grand jury sat Israel Mitchell, founder of Westport, who had been appointed probate judge on January 16 of the previous year. The first justices in the county were: H. B. Burnap, John G. Cole, John M. Afferty, John Crow, William Abbe, and Israel Mitchell. Some of the first county judges were: Norman Isbell, Dan Lothian, J. Elliott, A. H. Dumont, and J. M. Berry.
During these early days there were two terms of court, one in January, and the other in June. The cases brought involved small amounts, but for the number of inhabitants of the county there was a great deal more litigation then than now. Some of the early lawyers in Marion and Cedar Rapids were: I. M. Preston, J. E. Sanford, N. W. Isbell, Isaac Cook, Henry Harman, William Smyth, J. J. Child, Joe B. Young, Dan Lothian, C. M. Hollis, J. David. N. M. Hubbard, R. D. Stephens, Tom Corbett, George Greene, Israel Mitchell, D. O. Finch, A. S. Belt, John Mitchell, G. A. Gray, and C. L. Murray.
Among the attorneys in practice during the early '50s in Cedar Rapids were the following: Henry Lehman, E. M. Bates, C. V. Tousley, J. J. Child, R. G. Welcher, D. M. McIntosh, T. J. Dudley, Jr., A. Sidney Belt, and Dan O. Finch, the latter being also editor of the Progressive Era. In 1861 came J. Munger and N. R. Graham, and during the next year Edward Stark, who formed a partnership with A. S. Belt. In 1862 came W. A. Dodge. During the early '60s George Greene and I. M. Preston were in partnership, Greene having an office in Cedar Rapids and Preston in Marion. Hubbard and Stephens were in partnership in Marion in the early '60s, Stephens running the law business while Hubbard went to "the front."
The attorneys locating here in the '50s and '60s were engaged in railway promotion, in politics, and in booming towns, although they did not neglect banking and fire insurance. There were towns which had two or three lawyers in the early day which have none now, which would indicate that litigation in the early days was more profitable than later. In conversation with a number of the old lawyers this has been told, that the land business was the best paying law business during the pioneer days. It is also stated that much of the litigation in the early days was to defend horse thieves and other criminals. How true this is the writer does not know.
In the early days there was a class of people called "Terrorists" causing the settlers much annoyance and trouble. They were a band of looters who came along to scare people by reporting threatened Indian attacks, and when the settlers had fled to a place of safety others of the band came along and looted the abandoned houses. The "Copperhead" movement also extended into this county during the early period of the war, and more or less litigation grew out of this excitement.
Among some of the well known lawyers of the pioneer days of this county who have played a more or less prominent part at the bar, in politics, and otherwise, may be mentioned John David and J. E. Sanford, who came to Iowa in 1840. They were both bright men and had an exceptionally large practice in land titles. Any examiner of abstracts in this county will find Sanford's name frequently as holding much of this land, also that of H. W. Sanford, a relative. Thomas Corbett came from the east in an early day, was one of the characters at Marion, and became a well known attorney, removing from Iowa in a short time on account of his health. He became a hero soon after he married a well known lady in Marion whose people were well to do. As Corbett had nothing but brains for assets, one of the brothers of the bride did not like this marriage and came to the house of a friend just after the wedding with a party of young fellows to horsewhip the groom, who was not a very large man, but an active one. The groom was not at all backward about meeting his antagonist and gave him a thrashing to such an extent that he had no cause to forget it very soon, much to the enjoyment of the crowd who all took Corbett's side. It was not long until Corbett displayed great ability as an attorney, and became financially successful as well.
Norman W. Isbell located in Marion in 1842, being a native of Ohio. He served as county judge, in which position he rendered excellent service. In politics he was a whig, but when the slavery issue sent that neutral party out of existence, Judge Isbell became a republican. In 1854 he became a partner of N. M. Hubbard, which partnership continued up to about 1860, with the exception of the time when he held office. In 1855 he was elected supreme judge of the state, resigning in 1856 on account of failing health. In September, 1862, upon the resignation of Judge William E. Miller, Governor Kirkwood appointed Judge Isbell to fill the vacancy on the supreme bench. He was elected at the expiration of the term, but resigned in 1864, removing to California on account of illness, where he died of consumption the following year at the age of forty-six. All the members of the bar proclaim Judge Isbell one of the keenest lawyers who ever practiced in this county, at least in that day. His applications of legal principles were sound and his illustrations apt and catchy. He was not a great jury lawyer in the true sense of the word, and perhaps not as well known among the masses as many others, but among the legal fraternity Judge Isbell was looked up to as a safe lawyer and most excellent judge, who by hard study had attained to high rank among the jurists of this state. His son, N. G. Isbell, practiced a short time here, but removed to Michigan where he died many years ago, before reaching middle age.
