At another time while the judge was defending a railroad company in a damage suit involving a large amount of money a colored man had sworn positively to facts in a case which everyone thought he knew nothing about. In the trial of the case the judge turned to an old friend, and a "Copperhead," saying, "I am glad there are some Copperheads here; I fought to free the nigger. I stood up to be shot at, now, by gosh, I am a Copperhead. A man who will swear in court like that nigger did today ought to be a slave and should never be free."
Judge James H. Rothrock was a native of Pennsylvania, and as a mere lad removed to Ohio where he acquired his education at Parker's Academy and at the Franklin University. He was admitted to the bar at Greenfield, Ohio, removing to Tipton, Iowa, in 1860. He was elected to the house of representatives in 1861 and was elected speaker pro tem. He entered the army as lieutenant, and upon his return from the army formed a partnership with Judge W. P. Wolf, which lasted until he was nominated for judge of the eighth judicial district in 1866. He performed services as judge in that district with ability and impartiality. He was serving his third term when he was appointed to the bench of the supreme court.
A few stories may be related of Judge Rothrock which in a way illustrate his wit and exemplary character:
Judge Rothrock had been trained in the general principles of law and did not go much on statute law. At one time he was one of a committee to examine a number of persons for admission to the bar, and a young, bright fellow seemed to have committed to memory much of the statute law of the state, but knew nothing of general principles. The judge quietly said to the young man. "You surely are in a bad way, my friend, because the legislature might in a night repeal all the law that you know."
At another time he was on the bench in Linn county when George W. Wilson, as receiver, brought in a wagon load of books to prove up a certain assignment. Judge Rothrock asked why all these books were brought in, and Wilson replied, "To show up the receivership in the case, your honor." The judge smiled and said. "Don't you think this failure was due to too much bookkeeping?"
At one time as he was assigning cases, and not being familiar with some of the members of the bar, Tom Corbett appeared in a case assigned for trial. The judge quietly asked Mr. Corbett's name and as Mr. Corbett arose to speak Judge Hubbard blurted out. "Jot him down plain Tom, that is enough." Mr. Corbett blushed crimson, whispering to another attorney that he would get even some day. Judge Hubbard many times afterwards became the prey to Corbett's heartless raillery, his sharp retorts, and pungent wit.
At one time there were a number of lawyers engaged in a hotly contested will matter where Judge Rothrock presided, and as the attorneys talked back and forth across the table and there was more or less disturbance in the court room, the judge leaned quietly over, saying in a very pleasant manner to one of the lawyers who had done most of the quarreling, that he did not see why he was sitting there. The attorney quick as a flash replied, "You've got me now, Judge, I don't know."
After his retirement from the bench Judge Rothrock was frequently called in to assist other attorneys in the trials of equity cases. It became a standing joke among the members of the bar that when they found cases in which Judge Rothrock had written the opinion which held just the opposite of what he was contending for, they were certain to rub it in, much to the judge's embarrassment.
While Judge Rothrock resided at Tipton he came up to Marion to preside over a term of court and as there were but few persons around he asked the bystanders if there was anything doing this term of court, to which they replied that they did not know. He said, "Is Doty here," and they replied that he was. Then he asked, "Is Harper here?" and they said he had been present for the past day or so. Then he said, "Bailiff, take my grip and coat, there will be something doing this term of court; I guess I will stay awhile."