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Full text of "The bench and bar of Illinois"

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\J \ 



^J 



/' 



\J. 



JOHN McNULTA, 



/ypt-u//li, lrii,^'^''-i^^ 



I HE 



BENCH AND BM< 



or 



ILLINOIS. 



HISTORICAL AND REWINlSCFiNl 



KM I f.I) HV 

JOHN M. PALMER, 



' «• •' !► Ill II'' sN KUOM V^NrMm.K OF \H^ FORI- MOST ML.'i.vS '»: .-'It 

LI'IAL I i<(>»K<^' 'N IN UiK « I \ IK. 



VOLUME I. 



CHKWCjO: 

illK LKVVIS PUliLlSJilXt; COMI'ANV 



.:/.-.,, 



"" THE 



BENCH AND BAR 



OF 



ILLINOIS. 



HISTORICAL AND REMINISCENT. 



EDITED BY 

JOHN M. PALMER, 



WITH CONTRIBUTIONS FROM A NUMBER OF THE FOREMOST MEMBERS OF THE 

LEGAL PROFESSION IN THE STATE. 



VOLUME I. 



CHICAGO: 

THE LEWIS PUBLISHING COMPAN'Y, 

1899. 



Copyright, 1899, 

THE LEWIS PUBLISHING COMPANY, 

Chicago. 



PREFACE. 



It may be recalled that in the prospectus of this work there appeared the 
following words, which, per se, stand in justification of the history of the Bench 
and Bar of Illinois : 

"The memory of the life of even a lawyer is fleeting — a name written upon 
the sandy shore of time, effaced by the oncoming wave of the next generation ; 
his work is for the present, and unless some effort is made to preserve in perma- 
nent form a record of that work it will be lost to the future. Even the great 
judges are forgotten; they live only in the pages of dry and musty reports, 
and then the' recollection is only a shadow. In no better way can some of the 
most valued items in the history of the lives of such men be preserved than 
through the medium of such a work. Thus may the merits and virtues of those 
eminent in the profession be recorded for the emulation and guidance of the 
younger generation." 

In the compilation of the work the editor and the publishers have fully 
recognized the magnitude of the task set them, and in the collation of material 
for the same there has been a constant aim to use a wise discrimination in regard 
to the selection of subjects and the methods of treatment. The province of the 
work is entirely aside from technical lines, and the subject-matter is presented 
in a style which is mainly reminiscent, though due recognition is accorded the 
contemporaries of the bench and bar of this end-of-the-century period. 

In the compilation recourse has been had to divers authorities, including 
various histories and historical collections, and implying an almost endless array 
of papers and documents, both public and private. That so much matter could be 
gathered from so many original sources and then sifted and assimilated for the 
production of a single work without incurring a modicum of errors and in- 
accuracies-, would be too much to expect of any corps of writers, no matter how 
able they might be as statisticians or skilled as compilers of such works. It is, 
nevertheless, believed that no inaccuracies of a serious nature can be found to 
impair the historical value of the volumes, and it is further believed that the 



111 



iv PREFACE. 

results will supply the demands which called forth the efforts of the editor, his 
assistants and the publishers. 

Names worthy of perpetuation here have in several instances been omitted, 
either on account of the apathetic interest of those concerned, or the inability 
to secure the information demanded. Earnest co-operation has been accorded 
by leading members of the bar in various sections of the state, and the editor 
and publishers, as well as the patrons, can not but feel grateful to those who have 
thus contributed. In other quarters it has been impossible to awaken the 
requisite interest, and in such cases it has been necessary to fill in the gap as 
best possible. However, the incidental references made to those who have been 
important actors in the public and civic history of the state will serve to indicate 
the generic phases and will shadow forth much to those who can *'read between 
the lines." As issued under the editorial supervision of one who has honored 
and been honored by the great state of Illinois, — "a state that has been en- 
riched by his character, his example and his labor," — ^we can not but feel that 
the edition will meet with hearty reception as a work of distinct and intrinsic 

historical value. 

THE PUBLISHERS. 



TABLE OF CONTENTS. 



CHAPTER I. 
Introductory i 

CHAPTER n. 
The Formative Period — ^Territorial and State 6 

CHAPTER HI. 
The Supreme Court — Territorial and Supreme Court Judges lo 

CHAPTER IV. 
The Supreme Court — 1825 — Notable Cases : 21 

CHAPTER V. 
The Supreme Court — 1841 32 

CHAPTER VI. 
Reporters of the Supreme Court .... 73 

CHAPTER VII. 
Lawyers of Chicago 79 

CHAPTER VIII. 
Bench and Bar of Crawford County 125 

CHAPTER IX. 
The Courts and the Law Practice in Chicago : A Sketch 141 

CHAPTER X. 
The Bench and Bar of Sangamon County 152 

CHAPTER XI. 
Compilations and Revisions of the Laws of Illinois 230 

CHAPTER XII. 
The Macoupin County Bar — Lake County Lawyers 237 

CHAPTER XIII. 
Lawyers in Chicago 25 1 

CHAPTER XIV. 
Reforms in Abatements, Amendments and Practice at Law — Imprisonment 
for Debt 285 

V 



vi TABLE OF CONTENTS. 

CHAPTER XV. 
The Bench and Bar of Peoria County 290 

CHAPTER XVI. 
Lawyers of Peoria County 310 

CHAPTER XVII. 
Reforms in the Criminal Law 327 

CHAPTER XVIII. 
The Bench and Bar of Morgan County — Notable Cases 335 

CHAPTER XIX. 
Representatives of the Chicago Bar 359 

CHAPTER XX. 
The Jersey County Bar 396 

CHAPTER XXI. 
The Bench and Bar of Effingham County 405 

CHAPTER XXII. 
The Bench and Bar of Cumberland County 419 

CHAPTER XXIII. 
Autobiography of John M. Palmer — Sketch of the Life of William H. Bissell 429 

CHAPTER XXIV. 

The Courts of Knox County — Early Members of the Bar — Lawyers of 
Present Bar 447 

CHAPTER XXV. 
The Bar of Shelby County — ^Anecdotes 457 

CHAPTER XXVI. 
Contemporaries of the Chicago Bar 471 

CHAPTER XXVII. 
The Early Bench and Bar of Jo Daviess County 510 

CHAPTER XXVIII. 
History of the Bond County Bar 526 

CHAPTER XXIX. 

Abraham Lincoln — David Davis — Shelby M. Cullom — George Manierre — 
Isaac N. Arnold — ^Thomas Hoyne — Melville W. Fuller — Leonard 
Swett 536 



TABLE OF CONTENTS. vii 

Fag« 

CHAPTER XXX. 
Representative Lawyers of Rock Island, Christian, Clay, Franklin and 
Macon Counties 563 

CHAPTER XXXI. 
The Bar of Jefferson County 595 

CHAPTER XXXII. 
Reminiscences of the Bench and Bar of Chicago 602 

CHAPTER XXXIII. 
Representatives of the Madison County Bar 672 

CHAPTER XXXIV. 
Representative Lawyers of St. Clair, McLean, McDonough, Massac and 
Clark Counties 705 

CHAPTER XXXV. 
Lincoln and Douglas — ^A Comparative Estimate of Their Characters, 

Drawn from the Great Debate of 1858 750 

CHAPTER XXXVI. 
Members of the Chicago Bar 760 

CHAPTER XXXVII. , 
The Bench and Bar of Grundy County 774 

CHAPTER XXXVIII. 
The Bar of Clinton and Boone Counties 780 

CHAPTER XXXIX. • 
The Bar of Livingston County 794 

CHAPTER XL. 
A Short History of the Bench and Bar of Hardin County 801 

CHAPTER XLI. 
The Bar of Henry County .• 805 

CHAPTER XLII. 
The Bar of LaSalle County 816 

CHAPTER XLIII. 
Representatives of the Chicago Bar 831 

CHAPTER XLIV. 
Reminiscences of the Early Bar 848 

CHAPTER XLV. 
The Bar of Gallatin County 851 



viii TABLE OF CONTENTS. 



CHAPTER XLVI. 
The Bar of Schuyler and Fayette Counties 858 

CHAPTER XLVn. 
A Sketch of the Bench and Bar of Johnson County 872 

CHAPTER XLVni. 
The Bench and Bar of Hancock County 875 

CHAPTER XLIX. 
Representative Lawyers of \'ermilion and DeWitt Counties 889 

CHAPTER L. 
The Bench and Bar of Kane County 901 

CHAPTER LI. 
Leading Lawyers of Alexander, Cass, Coles, DeKalb, Macoupin and 

Sangamon Counties 925 

CHAPTER LH. 
Representative Lawyers in Champaign, Jackson, Kankakee, Monroe, Mont- 
gomery, Moultrie, Ogle. Perry, Wabash, Warren, Will and Winnebago 
Counties 949 

CHAPTER LIII. 
The Bar of Bureau Countv looi 

m 

CHAPTER LIV. 
The Bar of Logan County 1006 

CHAPTER LV. 
Chicago Lawyers 101° 

CHAPTER LVL 
The Bar of Fulton Countv 1037 

CHAPTER LVn. 
The Bar of Pike County 1047 

CHAPTER LVHL 
Prominent Members of the Bar in the Counties of Lawrence. Marion, 
Marshall, Menard, Randolph, Richland, Tazewell, Whiteside and 
Woodford io54 

CHAPTER LIX. 
Representatives of the Chicago Bar 1078 

CHAPTER LX. 
The Courts and Bar of Greene Countv lOQ^ 



TABLE OF CONTENTS. ix 

CHAPTER LXI. 
Leaders of the Bar in Edgar, Douglas, Henderson, Iroquois, Jasper, Lee, 
McHenry, Mercer, Piatt and Pulaski Counties 1115 

CHAPTER LXn. 
Walter Q. Gresham — Ninian Edwards — ^John A. Logan — Richard J. 
Oglesby 1 139 

CHAPTER LXHL 
Representatives of the Chicago Bar 1 156 

CHAPTER LXIV. 
The Stephenson County Bar 1 188 

CHAPTER LXV. 
Members of the Present Bar of Stephenson County 1 198 

CHAPTER LXVL 
The Bench and Bar of Pope County. 1210 



INDEX. 



Adair, John D., 1083. 
Adams, George £., 103 1. 
Adams, James, 158. 
Ahrens, John P., 1161. 
Akin, Edward C, 982. 
Aldrich, Charles H., 834. 
Aldrich, N. J., 920. 
Alexander, Guy S,, 129. 
Alexander, J, F., 527. 
Allen, James C, 126. 
Allen, Oscar, 1008. 
Allen, William J., 211. 
Allen, Willis. 856. 
Alschuler, Samuel, 922. 
Ament, William T., 794. 
Ames, Truman £., 464. 
Anderson, William £. P., 242. 
Andrews, Francis E., 1070- 1. 
Anthony, Elliott, 79. 
Armstrong, John F., 223. 
Armstrong, P, A.» 778. 
Arnold, Isaac N., 555. 
Arrington, A. W., 662. 
Asay, E. G., 638. 
Ashcraft, Edwin M., 480. • 
Atherton, Boaz M., 776. 
Avery, Julius, 818. 
Ayer, Benj. F., 83, 649. 

B 

Babcock, A. S., 912. 

Bacon, Francis, 996. 

Bailey, Joseph M., 1196. 

Bailey, Oliver J., 320. 

Bainbridge, John W., 238. 

Baird, Frederick S., 1160. 

Baker, Alfred L., 118. 

Baker, Edward D., 177, 880. 1048, 1103. 

Baker, Edward S., 137. 

Baker, Frank, 1179-80. 

Baker, Henry S., 689. 

Baldwin, Adolphus M., 803. 



Baldwin, Charles, 1002. 
Ballingall, Patrick, 634. 
Ballou, Horace H., 1008. 
Bancroft, Edgar A., 508. 
Banning, Ephraim, 115. 
Barbee, Milton, 467. 
Barge, William, 1127. 
Barger, Richard W., 1165. 
Barker, Joseph N., 64& 
Barnes, Charles A., 356. 
Bamum, Henry M.,. 1202. 
Barnum, William H., 471. 
Barr, James G., 91 7- 
Barr, William W., 953- 
Barrett, Elmer E., 1029. 
Barricklow, Joseph P., 11 18. 
Barry, Alonzo H., 912. 
Barry, William D., 907. 
Barton, E. P., 1195. 
Bates, George C, 625. 
Baugh, Downing, 595. 
Baugher, Oscar, 776. 
Baum, William, 466. 
Beach, Myron H., 499. 
Beach, Timothy T., 1007. 
Beason, Silas, 1007. 
Beck, William E., 829. 
Becker, John H., 913. 
Beckwith, Corydon, 645. 
Bekemeyer, Carl, 1016-17. 
Bell, Alexander H., 243. 
Bell, Henry C, 219. 
Bell, Robert, 974. 
Benjamin, Reuben M., 727. 
Bennett, Albon, 776. 
Bentley, Cyrus, 652. 
Berdan, James, 338. 
Berry, Orville F., 885. 
Betts, Charles, 1200. 
Bigelow, Lewis, 293. 
Bingham. John A., 868-9. 
Bissell, William H.. 441. 
Black, John C, 94. 
Black, William P., 375- 



XI 



-XIl 



INDEX. 



I 



Blackburn, Joseph, 604. 
Blackwell, Robert S., 881. 
Blaisdell, Elijah W., 957. 
Blanchard, Charles, 822. 
Bledsoe, Albert* T., 174. 
Blinn, Edward D., 1007. 
Blodgett, Henry W., 245, 617. 
Bogard, Hampton S., 137. 
Boggs, Carroll C, 71. 
Boice, John P., 1038. 
Bond, Benjamin, 3. 
Bond, Lester L., 107. 
Bonney, Charles C, 305. 
Bo6th, William, 898. 
Bowen, Thomas S., 820. 
Boyer, Oscar J., 1046. 
Boyle, Henry K., 820. 
Bradbury, Presley G., 135. 
Bradley, Isaac K., 199. 
Bradley, Lewis M., 1136, 
Bradshaw, William P., 690. 
Bradwell, James B., 630, 831. 
Bradwell, Mrs. Myra C, 235, 277. 
Brady, Peter A., 426. 
Brainard, Henry, 805. 
Brainard, Samuel P., 805. 
Brawley, Francis W. S., 88. 
Brayman, Mason, 231, 628. 
Breese, Sidney, 16, 33. 
Brewer, Levi N., 425. 
Brewer, Thomas, 422. 
Brewer, Thomas C, 426. 
Brice, James G., 1009. 
Briggs, J. Albert, 1076. 
Bright, Hiram, 1195. 
Broadwell, Norman M., 193. 
Brock, James M., 1130-1. 
Brower, Franklin F., 819. 
B rower, H. H., 826. 
Brown, Christopher C, 195. 
Brown, Edward O., 281-2. 
Brown, Floyd, 1039. 
Brown, Frederick, 922. 
Brown, Henry, 617. 
Brown, Irving J., 426. 
Brown, John A., 585. 
Brown, John B., 986. 
Brown, John J., 656. 
Brown, Paul, 1026. 
Brown, Porter W., 787. 
Brown, William, 338. 
Brown, William H., 621. 
Browne, Thomas C, 14, 855. 
Browning. Daniel M., 589. 



Browning, Granville W., 1156. 
Browning, Orvillc H., 183. 
Bruner, Thomas H., 1044. 
Brush, Charles H., 820. 
Bryan, W. F., 311. 
Buckingham, Caleb A., 906. 
Buckingham, Isaac A., 580. 
Bulklcy, Almon W., 498. 
Bull, E. F., 828. 
Bunn, David L., 583. 
Burchard, Horatio C, 1198. 
Burford, Kendall H., 406. 
Burgess, William T., 651. 
Burgett, John M. H., 1172. 
Burns, John, 308, 
Burr, Albert G., 1099. 
Burroughs, Benjamin J., 695. 
Burton, Charles H., 702. 
Burton, Frank W., 243. 
Bush, D. B., 1048. 
Bush, J. M., 1049. 
Bushnell, Nehemiah, 881. 
Bushnell, Washington, 818. 
Bussard, Albert F., 426. 
Butler, William N., 935. 
Butterfield, Justin, 2, 181, 613. 
Butterfield, Justin, Jr., 181. 
Buxton, Harvey P., 785* 



Caldwell, Albert G., 855. 
Caldwell, Henry D., 406, 415. 
Calhoun, John, 30. 
Callahan, Ethelbert, 130. 
Cameron, Alexander T., 820. 
Cameron, Dwight F., 819. 
Campbell, Antrim, 174. 
Campbell, David B., 174. 
Campbell, George C, 8it^ 
Campbell, Thompson, 518, 522. 
Campbell, William, i8j. 
Canby, Benjamin H., 716. 
Canfield, Eugene, 918. 
Cannon, Joseph G., 458. 
Cannon, Nelson C, 828. 
Carnes, Duane J., 945. 
Carr, Joseph S., 400. 
Carter, Henry G., 1135. 
Carter, Joseph N., 69. 
Carter, Orrin N., 779, 1018. 
Cartwright, James H., 71. 
Case, Theodore G., 504. 
Casey, Edward W., 625. 



INDEX. 



Xlll 



Casey, Lewis F., sg6, 1055. 
Casey, Samuel K., 596. 
Casey. Thomas S., 596, 705. 
Caton. John D., 39, 604. 
Cavarly, Alfred W., 160, iioi. 
Chadwick, John H., 11 19-20. 
Chafee, George D., 460. 
Champlin, John C, 817. 
Chancellor, Justus, 1 174-5. 
Chapman, H. N., 906. 
Chapman, Theodore S., 401. 
Chesnut. John A.. 209. 
Chetlain, Arthur H., 362. 
Chew, Morris R., 457. 
Chew, William, 457. 
Chew, William H., 467. 
Chubbuck, Orlando, S22. 
Chumasero, William, 827. 
Church, L. S., 1129. 
Church. William T., 1x31, 
Churchill, Joseph W., 907. 
Chytraus, Axel, 490. 
Gapsaddle, D. M., 921. 
Clark, Charles A., 1194. 
Clark, John A., 1194. 
Clarke, Francis E., 250. 
Clarke, Isaac L., 250. 
Clement, Daniel E., 595. 
Clendennin, John S., 1044 
Clifford, Eugene, 913. 
Coates, John, 1203. 
Cobum, George F., 893. 
Cobum, Lewis L., 83d. 
Cochran, James S., 1202. 
Cochran, Joseph W., 308. 
Cochran, William G., 970. 
Cody, Hope R., 1027. 
Coffcen, M. Lester, 503, 
Colby. William H., 207. 
Collins, James H., 608. 
Collins, Winfield S., 210. 
Condee, Leander D., 479. 
Conkling, Clinton L., 200 
Conkling, James C, 190. 
Connell, James H., 1130. 
Connolly, James A., 223. 
Connor, Charles M., 426. 
Constable. Charles H., 5. 
Cook. C .E.. 528. 
Cooper, Job A., 528. 
Cooper, Jonathan K., 303. 
Cooper. Rauseldon, 11 26. 
Cooper. William B., 406. 
Corbin, Lewis, 1044. 



Cornell, Paul, 617. 
Corrington, Stephen F., 1108. 
Cotton, Henry G., 818. 
Coulter, Hugh R., 1038. 
Cox, Jesse, 365. 
Craddock, William W., 421. 
Craig, Alfred M., 60. 
Craig, Isaac B., 942. 
Craig, James A., 804. 
Craig, James W.. 940. 
Craig, William H., 468. 
Cratty, Thomas, 112. 
Crawford. Charles H., 829. 
Crawford, Frank J., 819. 
Creighton, James A.. 207. 
Cronkrite, William N., 1205 
Crook, A. N. J., 202. 
Crooker, Lucien B., 829. 
Crooker, J. C, 828. 
Crow, George A., 720. 
Crowley, Joseph B., 136. 
Cullom, Shelby M., 549. 
Culver, Morton T, 841. 
Cummins, Stephen H., 215. 
Curtis, James, 626. 
Cussins, William T, 584. 
Custer, Jacob R., 259. 
Cutting, Charles S., 102 1. 

D 

Dale, Michael G., 2, 526, 697. 
Daud, A. L.. 77S. 
Davidson, Asa L., 1039. 
Davis, David, 154, 541. 
Davis, James M., 526, 967. 
Davis, Levi, 181, 682. 
Davis, Thomas G. C, 857, 121 1. 
Dawdy, William H., 52a 
Day, Orsamus D., 907. 
Dean, C. B., 793. 
Decius, Hiram B., 126, 423. 
Defrees, Joseph H., 1085 
Delano, Sterling P., 882-3. 
Dent, Thomas, 106. 
Devine, Miles J., 387. 
Dewey, William S., 931. 
De Wolf, Calvin, 618. 
De Wolf, William C, Jr., 792. 
Dexter, Wirt, 659, 660. 
Dickey, T. Lyle, 61. 
Dicks, William E., 1009. 
Dixon, George C, 881. 
Doak, John W., 11 17. 
Dodge, A. R., 906. 



XI v 



INDEX. 



Dolan, Martin J.. 404. 

Dominy, C, 826. 

Donnelly, C. H., 1185. 

Doolittle, James R., 618. 

Doremus, John C, 180. 

Douglas, Leander, 451. 

Douglas, Stephen A., y;, 175. 750, 875- 

Douglas, Stephen A. (Jr.), 1028. 

Douglass, John M., 513, 523, 648. 

Dove, Theodore F., 466. 

Dow, S. K., 647. 

Dowling, James E., 206. 

Drennan, James L., 577. 

Drummond, Thomas, 360, 361, 512, 521, 642. 

Duff, Jonathan, 794. 

Dummer, Henry E., 3, 166, 338. 

Duncan, James W., 281, 828. 

Duncan, Warren W., 983. 

Dunham, Charles, 813. 

Dunn, Charles, 1210. 

Dunn, Frank K., 941. 

D wight, Samuel L., 1056. 



Eagleton, John C, 132. 
Early, William P., 701. 
Eastman, Albert N., 102. 
Eastman, David L., 911. 
Eckert, Robert P., 1208. 
Eckles, James H., 112. 
Eckles, James S., looi. 
Eddy, Alfred D., I035- 
Eddy, Henry, 853. 
Eden, John R., 972. 
Edwards, Benjamin S., 190. 
Edwards, Cyrus, 4. 
Edwards, F. M., 404. 
Edwards, Ninian, 1143. 
Edwards, Ninian W., 174-5. 
Ela, John W., 386. 
Eldridge, G. S., 828. 
Elliott, William, 881, 103a 
English, James W., iioi. 
Epler, Cyrus, 355-6- 
Estabrook, George H., 1009. 
Estabrook, Henry D., y(f;. 
Evans, Winslow, 325. 
Everhart, Winfield S., 426. 
Ewing, Adlai T., 1034. 
Ewing, Charles A., 581. 



Farnsworth, John F., 908. 
Farwell, Robert, lOOi. 
Ferguson, William I., 182. 
Ferns, Thomas F., 403. 
Ferrell, John H., Jr.. 803. 
Ferry, Elisha P., 249. 
Fetzer, Henry, 827. 
Field, Alexander P., 29. 
Field, Elisha C, 1078. 
Fitzsimons, John J., 1102. 
Fleming, Robert L., 725. 
Fletcher, Charles C, 129. 
Fletcher, Mark W., 910. 
Fletcher, William M.. 1169. 
Foley, Stephen A., 1012. 
Ford, Thomas, 32, 879. 
Ford, Thomas E,, 787. 
Forquer, George, 162. 
Fort, James M., 1074-5. 
Fortney, Samuel, 409. 
Foster, William H., 814. 
Foster, William P., 20. 
Fowler, H. R., 802. 
France, J., 186. 
Eraser, William, 1002. 
Frazer, James S., 250. 
Freels, Jesse M., 707. 
Freeman, Norman L., 77. 
Freer, Lemuel C. P., 1183. 
French, Augustus C, 127. 
Fridley, Benjamin F., 909. 
Frisby, William, 293. 
Fritz, Fred W., 528, 534- 
Frost, Thomas G., 448. 
Fry, George C, 274. 
Fryer, Andrew J., 943. 
Fuller, Allen C, 787. 
Fuller, Charles E., 791. 
Fuller, Melville W.. 561, 646. 
Fullerton, A. N., 626. 



Falvey, Charles, 1003. 
Farmer, William M., 861. 



Gale, Jacob, 306. 
Garbutt, Zachariah N., 1049. 
Gardner, Corbus P., 829. 
Gardner, J. C. F., 1103. 
Garfield, F. G., 916. 
Garnsey, Charles B., 998. 
Gartside, John M., 1022. 
Gary, Elbert H., 381. 
Gary, Joseph E., 650. 
Gatewood, William J., 852, 857. 
Gemmill, W. N., 1168. 



INDEX. 



XV 



Gibons, G. Gilbert, 1002. 
Gibson, Alexander C, 917. 
Gibson. James W., 1126. 
Gifford, Edmund, 907. 
Gilbert, Hiram T., 365. 
Gilbert, Miles R, 929. 
Gilbert, Samuel S., 238. 
Gilman, Charles, 76, 880. 
Gil man, Charles H., 820, 828. 
Gillespie, David, 695. 
Gillespie. Joseph. 684. 
Gilson. Edward P., 1103. 
Glass, Elliott B., 699. 
Glenn. John J.. 984. 
Glenn on, Edward T., 762. 
Goddard. Lester O., 1159. 
Goodhue, Thomas F., 1194. 
Goodman, Amos N., 1054. 
Goodrich, Adams A., 265, 402. 
Goodrich. C. H.. 396. 
Goodrich, Grant. 610. 
Goodwin, Russell P., 921. 
Gordon, Abram G., 1064. 
Gordon, Newton F., 1 176-7. 
Goudy, William C, 647, 1039. 
Graham, James M., 226. 
Grant, Alexander F., 854. 
Grant, Frederick M., 1044. 
Grant, James, 625. 
Gray, O. C, 818. 
Greathouse, John S., 237. 
Green, David B., 425. 
Green, Nathaniel W., 309 
Green, William H., 927. 
Greene, Henry S., 201. 
Gregory, Daniel, 457. 
Gregory, Stephen S., 1089. 
Gresham, Otto, 93. 
Gresham, Walter Q., 1139. 
Gridcr, J. K. P., 4/66. 
Grimes, John W., 1002. 
Grimshaw, Jackson, 882. 
Grinnell, Julius S., 103, 637. 
Gross, Eugene L., 196, 205. 
Gross, William L., 205. 
Grosscup, Peter S., no. 
Grout, Joseph M., 207. 
Grove, Henry, 301. 
Grubb, Alfred, 1049. 
Gw^in, Horace, 238. 

H 

Hadley, William F. L., 693. 
Hagle. Dios C, 572. 



Haines, Elijah M., 249, 630. 
Hale, Eugene, 404. 
Hall, Anthony T., 460. 
Hallam, Samuel S.^981. 
Halligan, Thomas, 828. 
Hamilton, Frank Y., 725. 
Hamilton, Lloyd F,, 200. 
Hamilton, Oscar B., 402. 
Hamilton, Paul M., 404. 
Hamilton, Richard J., 602. 
Hamilton, William S., 159. 
Hamlin, Howland J., 465. 
Hamline, John H., 393. 
Hanchett, Frank G.. 920. 
Hand, John P., 810. 
Hanecy, Elbridge, 263. 
Hanly, Joseph H., 946. 
Hardin, Fisher A., 604. 
Hardin. Jeptha, 852. 
Harding, Abner C, 5. 
Harding, Alfred E., 794. 
Harlan, Justin, 3, 126, 420. 
Harrah, Rufus C, 417. 
Harris, Sidney W., 777. 
Hart, William H., 591, 592. 
Hartzell, William, 1061. 
Harvey, Curtis K., 450. 
Harvey, Edward E., 907. 
Harvey. Joel D., 907. 
Hatch, Azel F., 262. 
Hawes, Kirk, 649. 
Hay, John B., 709. 
Hay, Milton, 196. 
Hayes, Frederick W. C, 382. 
Hayes, Samuel S., 5, 647. 
Haynie, Edwin C, 211. 
Hazlitt, Robert H., 205. 
Heacock, Russell E., 602, 872. 
Headen, W. C, 464. 
Heard, Oscar E., 1206. 
Helm, Henry T., 650. 
Hempstead, Charles S., 512, 521. 
Henderson, John G., 1107. 
Henry, A. G., 527. 
Henry, Beverly W., 864-5. 
Henry, Edward D., 227. 
Henry, William J., 460. 
Henshaw, Thomas, 11 12. 
Herbert, John M., 961. 
Herdman, George W., 401. 
Herndon, Elliott B., 184. 
Herndon, William F., 2091 
Herndon, William H., 192. 
Herrick, John J., 1162. 



XVI 



INDEX. 



Herrington, Augustus. 908. 
Hess, William W., 461. 
Hewitt, Josephus, 173. 
Hicks. Stephen G., S95» 
Higbee, Chauncey L., 876, 1051. 
Higgins. Van H., 514. 524. 648. 
Hill, Lysander, 85. 
Hilscher, R. W., 1124. 
Hitchcock, Charles, 649. 
Hoblit, James T.^ 1010. 
Hodges, Charles D., 1096. 
Hodnett, Joseph. 1008. 
Hoes, Abraham, 818. 
Hoes, John V. A., 817. 
Hood, Alexander, 1062. 
Hogan. John E., 580. 
Hoge, Joseph P., 513, 521. 
Holcomb, Osbo^n A., 921. 
Holdom, Jesse. 644-$' 
Hollenbeck, William T., 747-8- 
Holloway, Edward M., 276. 
Hooker, William C. 876-7. 
Hopkins, Albert J., 920. 
Hopkins, Henry B., 308. 
Hopkins, William T., 775, 
Hopkinson, Isaac, 245. 
Horn, Joseph A., 1014-5. 
Horton, Oliver H., 494. 
Hough, David L.. 828. 
Hoff, Gershom A., 570. 
Houston, William T., 210. 
Howard, H. H., 396. 
Howe, John H., 809. 
Howett, William A., 839. 
Hoyne, Thomas, 558, 615. 
Hoyles, Clarence E., 529. 
Hoyt, E. Winchester, 245. 
Hubbard, Adolphus F., 25. 
Huddle, F. E., 1103. 
Hughes, James F., 938. 
Hughes, J. J., 404. 
Hull, Charles J., 668. 
Humphrey, J. Otis, 216. 
Hunter, Joseph H., 829. 
Huntington, Alonzo, 633. 
Hurd, Harvey B., 618, 769. 770. 
Hyde, Henry C, 1204. 



Ingham, George K., 899. 
Irwin, Clinton F.. 913. 
Ireland, Robert M., 913. 
Irwin, John G., 672. 
Irwin, William T., 322. 
I sham, Edward S., 389. 



Ide, George O., 1002. 
Ingersoll, Ebon C, 304. 
Ingersoll, Robert G.. 304. 
Ingham, George C, 635. 



Jack, William, 320. 
James, L. W.. 1043. 
Janney, Eldredge S., 127. 
January, Joseph H., 1009. 
Jenkins, David P., 828. 
Jenkins. James G., 838-9. 
Jenks, Chancellor L., 648. 
Jewett, John N., 843. 
Johnson, C. Porter, 371. 
Johnson, Elbridge G., 294. 
Johnson, James, 1043. 
Johnson, Madison Y.. 514, 525. 
Johnson, N., 882. 
Johnson, William H.. 1079-80. 
Jones, Alfred H., 134. 
Jones, Edward, 165, 852. 
Jones, Frank H., 209, 488 
Jones, George W., 137. 
Jones, Michael, 852. 
Jones, Oscar, 914. 
Jones, S. S., 906. 
Jones, William C, 131. 
Jordan, Alvah R., 778. 
Joslyn, Edward S., 914. 
Joslyn, Frank W., 914. 
Jouett, Charles, 602. 
Joy, James F., 640. 
Judd, S. Corning, 1043. 



K 



Kagay, Benjamin F., 406, 413. 
Kane, Charles P., 203. 
Kane, Henry B., 209. 
Kay, Wilson S., 11 22. 
Kean, John C, 1194. 
Kehoe, John E., 258. 
Keller, C W., 826. 
Kelley, William C, 464. 
Kellogg, William, 295, 1039. 
Kellogg, William P., 1040. 
Kellum, Charles, 944. 
Kendall, Milo, 1002. 
Kenna, Edward D., 382. 
Kennedy, Henry H., 38Z 
Kennedy. James A., 203. 



INDEX, 



xvti 



Kennedy, W. H. H., 916. 
Ken worthy, John T., 566. 
Kepley, Henry B., 406. 
Kerrick. Thomas C, 735. 
Keyes, Charles A., 195. 
Kimbrough, E. R. E., 889. 
King, David F., 11 12. 
King, John C, 265. 
King. Robert A., 399. 
Kingsbury, A. N., 527. 
Kingsbury, Darius, 527, 785. 
Kingsbury, Dennis H., 527. 
Kingsbury, John, 527. 
Kinne, La Vega G., 829. 
Kirby, Edward P., 354. 
Kitchell, Alfred, 126. 
Kitchen, Wickliflfe, 127. 
Knapp, Anthony L., 397. 
Knapp, Robert M., 399. 
Knight, Qarence A., 372. 
Knotts, Edward C, 244. 
Knowlton, Lincoln 6., 293. 
Knox, Joseph, 635. 
Kocrner, Gustavus, 47, 405. 
Koerner, Gustavus A., 717. 
Kraus, Adolph, 1186. 
Kretzinger, George W.. 1187. 
Krome, William H., 691. 



Lacey, Lionel P., 1006. 
Lacey, Lyman, 989. 
La Dow, James, 420. 
Lamb, Robert C, 787. 
Lamborn, Josiah, 181, 337, 1102. 
Landes. Silas Z., 976. 
Lane, George P., 403. 
Laning, Edward, 1060- 1. 
Lanphier, John C, 204. 
Lansden, John M., 925. 
Latham, James, 156. 
Lauderdale, John S., 238. 
Lawrence, S. S., 795. 
Layman, Charles H., 586. 
Layman, Thomas J., 587. 
Leach, O. D., 403. 
Leaming, Jeremiah, 119. 
Lcdbetter, John Q. A., 802. 
Lee, Charles M., 775. 
Leland, Cyrus, 820. 
Leland. Lorenzo, 816. 
Leland, P. K., 818. 
Lewis, F. W., 138. 
Lewis, S. G., 1103. 



Lewis, Thomas, 186. 

Lincoln, Abraham, 38, 175. 53^, 642, 750. 

Lincoln, Robert T., 1187. 

Linder, Usher F., 181, 656. 

Lindley, Cicero J., 528. 

Lindley, Frank, 893-4. 

Lindsay, John T., 305. 

Little, Alexander C, 918. 

Little, Sidney H., 879. 

Little, Thomas J., 1043. 

Littlefield, M. S., 397. 

Lloyd, J. William, 464. 

Lockwood, Samuel D., 22, 1094. 

Lodge, William E., 1 133-4 

Logan, David, 182. 

Logan, John A., 1148. 

Logan, Leonidas L., 425, 428. 

Logan, Stephen T., 166, 10Q4. 

Lott, Peter, 875. 

Louden, Walter S., 787. 

Love joy, Owen, 608. 

Lovell, Edward C, 915. 

Lowden, Frank O., iii. 

Lowe, Ausby L., 136. 

Loy, Ferdinand W.. 412. 

Lyford, Will H., 394. 

Lyle, David A., 427. 

Lyman, David B., 768. 

Lynch, Edmund, 1006. 

Lynch, John, Jr., 1067. 



M 



Mabin, George G., 894-5. 
MacHatton, Joseph A., 138. 
Magruder, Benjamin D., 65, 649. 
Manier, Wesley H., 884. 
Manierre, George, 553. 
Manning, Julius, 297. 
Marshall, Samuel D.,851. 
Marshall, Thomas A., 3. 
Marshall, Thomas F., 604. 
Martin, James H., 960. 
Martin, Robert D., 762. 
Marvin, Matthew, 1207. 
Mason, Benjamin, 1102. 
Masquerier, Louis, 879. 
Masters, Edgar L., 1090. 
Matheny, Charles R., 157. 
Matheny, James H., 158, 191. 
Matheny, James H., Jr., 206. 
Mather, Robert, 489- 
Mather, Thomas C, 200. 
Mathes, George C, 4^7- 



XVlll 



INDEX, 



Matthews, Asa C, 1052. 
Maxwell, John C, 137. 
Maxwell, Robert W., 206. 
May, William L., 173, 293. 
Mayo, Henry, 824. 
McAllister, William K., 60. 
• McAvoy, Felix D., 353. 
McBride. James C, 576. 
McCagg, Ezra B., 619. 
McCallon, Andrew, 857. 
McCartney, James. 1030. 
McCartney. John F., 745. 
McCartney, Robert W.. 742. 
McCauley, Richard N., 1066. 
McClellan, Robert H., 515. 
McClernand, John A., 29, 194. 
McClure, Henry B., 339. 
McConnel, Edward, 355. 
M(fConnel, John L., 339. 
McConnel, Murray, 337. 
McConnell, Richard H., 804. 
McConnell, Samuel P., 1166. 
McCoy, Alexander, 302. 
McCrillis, L. F., 186. 
McCulloch, David, 310. 
McCune, George C, 424. 
McDole, Asa G., 922. 
McDonald, Edmund S., 583. 
McDonald, William H., 425- 
McDougall, James A., 627. 
McDowell, H. H., 795. 
McElroy, Daniel, 634. 

• 

McElvain, Robert J., 952 
McEniry, William. 567. 
McGaffigan, John J., 787 
McGalliard, William, 1006. 
McGregor, Malcolm. 882. 
McGrew, Enoch, 461. 
McGuire, Robert L., 199. 
McHale, James, 787. 
Mcllduff, R. S., 795. 
Mclver, Duncan C, 11 10, 
McKenzie, James A., 454. 
McLaughlin. Charles A., 977. 
McLean, John, 855. 
McNett, Charles L. 922. 
McNulta, John. 846. 
McNulty, George F. W.. 718. 
McPherran, J. E., 1073-4. 
McQueen, George E., 138. 
McQuigg, James C, 575. 
McRoberts, Samuel, 160. 
McWilliams, A., 186. 
Meacham, U. D., 1195. 



Meeker, George W., 628. 
Meeker, J., 1000. 
Mendel. William, 160. 
Merrick, Richard, 645. 
Merriman, Amos L., 307. 
Merriman, Halsey O., 294. 
Messick, Joseph B., 714. 
Metzner, Charles J., 917. 
Meyerstein, Mark, mo. 
Miller, Charles S., 828. 
Miller, George W., 121. 
Miller, Harry, 1002. 
Miller, H. G., 646. 
Miller, John S., 1082-3. 
Mills, Benjamin, 160, 511, 520. 
Mills. Luther Laflin. 832. 
Mills, Richard W., 937- 
Miner, Martin B., 396. 
Minshall. William A.. 183, 876. 
Misner, Smith. 426. 
Moffett, Thomas. 159. 
Moloney, Maurice T.. 823. 
Monroe, Henry S., 482, 648. 
Monson, William, 899-900. 
Montgomery, H. H., 1109. 
Montony, Richard G., 919. 
Moore, Clifton, H., 896. 
Moore, Henry, 617. 
Moore, Henry W., 853. 
Moore, Stephen R., 978. 
Moore, Thomas C, 916. 
Moran. Thomas A., 764. 
Morris, Edward H.. 117. 
Morris, Freeman P.. 11 25. 
Morris, Isaac N., 879.- 
Morrison, C. M.. 186. 
Morrison, Isaac L., 350. 
Morrison, Thomas, 882. 
Morrison, William R., 964 
Moses. Adolph. 95. 
Mott, Robins S.. 1086. 
Moulton, Samuel W., 459 
Mouser, H. S., 461. 
Mudgett. E. S.. 828. 
Mulkey. John H.. 63. 
Mulligan, James A.. 661. 
Murdock, J. D., 826. 
Murray, Hugh. 787. 
Murray, George W.. 206. 
Murray, M. P., 786. 

N 

Neal, Henry A., 939. 
Neale, Thomas M., i59- 



INDEX. 



XIX 



Neff, James I., 1197. 
Nelson, Richard S., 595. 
Ncwcomb, George W., 97. 
Newlin, Enoch E., 133. 
Newlin, Thomas J., 138. 
Newport, John W., 777. 
Nichols, N. F., 921. 
Noble, Charles N., 404. 
Noble, H. P., 404. 
Northcott, William A., 528, 532. 
Norton, A. C, 795. 

O 

O'Brien, William, 638. 
O'Bryan, Edward, 1185. 
O'Donnell, Joseph A., 86 
Oglesby, Richard J., 1150. 
O'Harra, Apollos W., 887. 
Olin, Benjamin,. 778. 
Olson, Jonas W., 805. 
Olwin, Jacob C, 129. 
O'Neil, Barney, 787. 
Orendorff, Alfred, 201. 
Osgood, Stacy W., 276, 
Oxford, John C, 803. 



Packard, Major W., 726. 
Packard, Samuel W., 1024. 
Page, Samuel S., 309. 
Palmer, John M., 429. 
Palmer, John Mayo, 1186. 
Park, H. W., sap. 
Parker, George N., 136. 
Parker, Valmore, 138. 
Parkinson, Robert H., 479. 
Parks, Benjamin F., 917. 
Parks, Samuel C, 1006. 
Parks, Samuel S., 384-5. 
Patterson, James L., 11 11. 
Pattison, Douglas, 1206. 
Patton, Charles H., 599. 
Patton, George W., 798. 
Patton, James W., 201, 228. 
Payne, Carroll C M. Van B.. 590. 
Pay son, Lewis E., 794. 
Pease, Arthur B., 1174. 
Peck, Ebenezer, 76, 627. 
Peck, George R., 506. 
Peck, George W., 128. 
Peebles, Lewis P., 24a 
Perce, Le Grand W., 1182. 
Pcrley, Peleg S.. 1058. 



Perry, John R., 794. 
Peter, Zachariah, 157. 
Peters, Milton T., looi. 
Peters, Onslow, 306. 
Phelps, Salmon A., 527, 531. 
Philbrook, Eli, 406. 
Philips, Joseph, 13. 
Phillips, Edward J., 165. 
Phillips, Isaac N., 78. 
Phillips, Jesse J., 156. 
Phillips, L. M., 186. 
Pierce, William L., 793. 
Pillsbury, Nathaniel J., 795- 
Pinckney, Merritt W., 119. 
Pinero, E. A., 397. 
Pitman, Samuel, 240. 
Plato, William B., 907, 916. 
Pogue, H. W., 403- 
Pogue, W. H., 399. 
Pollock, James M., 595. 
Pope, Nathaniel, 641. 
Porter, John, 1002. 
Potter, Asa, 1102. 
Potts, Rufus M., 575. 
Powell, Elihu N., 307. 
Power, William D., 157. 
Prater, Samuel A., 863. 
Prather, William C, 426. 
Pratt, O. C, 514* 524. 
Prendegast, Michael D., 775. 
Prentiss, Alexander S., 646. 
Prentiss, William, 274. 
Prescott, William, 186. 
Prettyman, W. L., 1069. 
Prickett, David, 172. 
Primm & Gibson, 187. 
Pringle, Frederick W., 1170. 
Pugh, Jonathan H., 159. 
Purinton, George, 1194. 
Purple, Norman H., 45, 299, 876. 
Pursley, James, iioi. 
Puterbaugh, Sabin D., 307. 
Putnam, Alfred, 828. 

Q 
Quigg, David, 1157-8. 

R 

Rae, Robert, 651, 1163. 
Ragan, William H., 468. 
Rainey, Henry T., 11 13. 
Ralston, James H., 875. 



XX 



INDEX. 



Randle, Frederick A., 995. 
Ranstead, John W., 914. 
Raum, Green B., 121 1. 
Rawlins, John A., 515. 
Rea, John J., 954. 
Reading, James N., 776. 
Rearick, George F., 895. 
Reed, Charles H., 637. 
Reed, Samuel R., 1134. 
Reed, William R., 460. 
Reeves, Owen T., 723. 
Reeves, Walter, 825. 
Reynolds, H. G., 186. 
Reynolds, John, 15, 18, 161, 1094. 
Reynolds, Thomas, 13, 1094. 
Rhoads, George B., 467. 
Rice, Edward Y., 155, 987. 
Rice, Thomas P., 777, 
Richardson, Eben A., 467. 
Richardson, Hiram L., 994. 
Richardson, John T., 879. 
' Richardson, William A., 458, 880. 
Richmond, Elijah D., 1059 
Rickert, Joseph W., 955. 
Righter, Thomas, 466. 
Rinaker, John I., 238. 
Ritter, Henry A., 283. 
Rives, John C, 854. 
Robarts, Joseph P., 933. 
Robb, Franklin, 129. 
Robbins, Silas W., 180. 
Robertson, Alexander H., 210. 
Robinson, James C, 202, 421. 
Robinson, James P., 421. 
Robinson, John M., 43. 
Robinson, Nathaniel P., 421. 
Rogers, William P., 776, 
Roosevelt, William H., 882. 
Root, H. T., 1 103. 
Rose, Albert M., 574. 
Rose, John A., 112. 
Rosette, John E., 193. 
Ross, John W., 1044. 
Ross, Leonard F., 1042. 
Ross, Lewis W., 1038. 
Ross, Mahlon, 947. 
Rountree, Hiram, 965. 
Rowell, Jonathan H., 734. 
Rue, Ezra, 914. 
Runnells, John S., 1180. 
Runyan, Eben F., 91. 
Rush, G. Fred, 1020. 
Rushton, Thomas J., 914. 
Russell, John A., 915. 



Ryan, Edward G., 604. 
Ryan, James L., 436. 
Ryan, William L., 426. 
Ryon, Hiram N., 821. 



Salzen stein, Albert, 210. 
Sanders, George A., 206. 
Sanford, Edward, 776, 
Sanford, Patrick H., 448. 
Sanger, Ezra G., 294. 
Sankey, Samuel, 1195. 
Sawyer, John Y., 152, 1094. 
Scammon, Jonathan Y., 73, 616. 
Scanlan, Kickham, 480. 
Scates, Walter B., 35. 
Schaefer, Martin W., 711. 
Schnepp, John S., 214. 
Scholes, Samuel D., 201. 
Scholfield, John, 139, 422. 
Schuyler, Daniel J., 1032. 
Schwartz, William A., 962. 
Scott, Guy C, 1 132. 
Scott, John M., 55. 
Scranton, Norman L., 426. 
Seago, George M., 403. 
Searles, A. E., 921. 
Searles, William S., 249. 
Seeley, Ezra P., 775. 
Seelye, Henry E., 651. 
Selby, Charles E., 220. 
Selby, T. J., 397. 
Semple, James, 41. 
Seyster, John C, 996. 
Shaw, Thomas M., 308. 
Sheean, David, 516. 
Sheean, James M., 516. 
Sheean, J. L., 516. 
Sheean, Thomas J., 516. 
Sheldon, Benjamin R., 969. 
Shepard, H. M., 650. 
Shepherd, John H., 820. 
Sherman, Elijah B., 485. 
Sherman, Lawrence Y., 739, 740. 
Sherman, Penoyer L., 646. 
Sherwin, John C, 917. 
Shields, James, 44, 405. 
Shirley, Robert B., 240. 
Shirley, Thomas, 628. 
Shope, Simeon P., J[i8i 
Shortall, John G., 501. 
Showalter, John W., 1179. 
Shriner, Harvey W., 573. 



INDEX, 



XXI 



Shutt. William E., 199. 
Sibley, Joseph, 876. 
Silver, Herman, 820. 
Singleton, James W., 2. 
Skinner, Mark, 613. 
Skinner, Onias C, 54, 876. 
Skinner, Richard M., 1004. 
Slaten, A. M., 401. 
Slaten, Benjamin F., 399. 
Sloan, Wesley, 1210, 1212. 
Smede, A. K., 182. 
Smeidel, Charles L., 427. 
Smith, Abner, 366-7. 
Smith, Arthur A., 451. 
Smith, C. D. F., 923. 
Smith, David A., 339, 347. 
Smith, Frederick A.. 11 72-3. 
Smith, J. Bright, 1195. 
Smith, Samuel L., 654. 
Smith, Theophilus W.. 23. 
Smith, Thomas H., 121 1. 
Snedeker, Orville A., 400. 
Snigg, John C, 204. 
South worth, John P., yyj. 
South worth, M. O., 923. 
Sparks, William A. J., 780. 
Sparling, George, 1002. 
Spiller, William F., 593. 
Sprigg, William, 12. 
Spring, Giles, 603, 612. 
Springer, William M., 199. 
Starbuck, Charles L., 775. 
Starkweather, Elijah H., 419. 
Starr, Charles R.. 775. 
Starr, Henry, 162, 775. 
Starr, Mcrritt, 100. 
Stearns, James H., 1202. 
Steel, James H., 128. 
Sterling, Thomas, 207. 
Sterrett, William H.. 12a 
Stephens, Henry, 882. 
Stephens. Henry A., 206. 
Stephens, John S., 324, 
Stephenson, Lloyd B., 461. 
Stevens. Joel W., 478. 
Stewart, William K., 999 
Stickney,* William H., 631. 
Stiles, Israel N., 662. 
Stillman, Henry B., 1043. 
Stipp, George W., looi, 1043. 
Stone, Daniel, 173. 
Storrs, Emery A., 663. 
Story, Joseph H., 529. 
Stoskopf, Michael, 1205. 



Stough. Samuel C, 778. 
Stout, James. 818. 
Strain, James. 828; 
Strawn, C. C, 795. 
Strode, James M., 159. 620. 
Strong, Schuyler. 174. 
Stuart, John T., 187, 188. 
Stubbs, Thomas H.. 803. 
Swan, Thomas B., 921. 
Sweeney, Edward D., 569, 
Sweet, Martin P., 1193. 
Swett, Leonard, 562. 



Tanner, Tazewell B.. 595, 597. 
Taylor, John W., I57- 
Taylor, Joseph D., looi. 
Taylor, Richard F., 802. 
Taylor, Washington J., 1043. 
Templeton, L. W., 420. 
Terry, James T., 795. 
Thatcher, Frank H.. 920. 
Thoman, Leroy D., 1080. 
Thomas, Jesse B.. 11. 875. 
Thomas, Jesse B.. Jr., 44, 177, 1094. 
Thomas, William, 337, 1095. 
Thompson, Morton W., 892. 
Thompson, Thomas J., 20^ 
Thornton, Anthony, 458. 
Thornton, Charles S., 359. 
Ticknor. Harry M., 357. 
Tipton. Thomas F., 721. 
Torrence. C. R., 468. 
Tossey, Flavins, 426. 
Towle, Henry S., 373. 
Townsend, William, 465. 
Tracey, E. W., 658. 
Trainor, John C, 1085. 
Travous, Charles N,, 701. 
Treat, Samuel H., 34. 
Tree, Lambert, 492. 
Trimble, Cairo A., 1003. 
Trimble, H. M., 1003. 
Truitt, James M., 993. 
Trogdon, Andrew Y., 11 15. 
Trumbull, Lyman, 51, 6A 
Trusdell, Abram K., 1128. 
Tuley, Murray F., 256. 
Tunnicliff, John J., 455. 
Turner, Chester M., 810. 
Turner, George T., 870. 
Turner, Giles H., 1102. 
Turner, John L., 250. 



XXll 



INDEX. 



Turner, Noah H., 211. 
Turner, Thomas J., 1192. 
Turney, James, 162. 

U 

Upton, Clark W., 249. 

Urion, Alfred R., 1168. \ 

Urquhart, John D., 180. 

V 

Van Arnam, John, 637. 
Vandevecr, Horatio M.. 156. 577. 
Van Dorston, John P., 859. 
Van Hoorebeke, Gustave, 785. 
Vaughn, Edward J., 402. 
Vincent, William A., 210. 
Vocke, William, 11 77. 
Voris, Alvin C, 426. 
Vrcdenburg, Larue, 210. 

W 

Wagner, Leander R., 916. 
Waite, George E., 81 1-2. 
Waite, Horace F., 645. 
Walker, Charles A., 241. 
Walker, Cyrus, 175. 72^*^, 881. 
Walker, Edwin, 267. 
Walker, Henry, 1044. 
Walker, Pinckney H., 54, 876, 
Wall, E. J., 826. 
Wall, George W., 992. 
Wallace, Edgar A., 990. 
Wallace, R. R., 795. 
Wallace, Samuel L., 1015-6. 
Wallace, William H. L., 818. 
Wallace, W. O., 466. 
Ward, James R., 1107. 
Ward, W. M., iiii. 
Warren, E. T., 1037. 
. Warren, George E., 399. 
Warvelle, George W., 1158. 
Washburne, Elihu B., 512, 522. 
Watson, James A., 803. 
Watson, Wesley, 406. 
Wattles, James O., 126. 
Wead, Hezekiah M., 4, 301, 315, 1039. 
Webber, William B., 950. 
Webster, Fletcher, 604. 
Wegg, David S., 1086-7. 
Weighley, Wellington, 514, 524. 
Weir, Marshall W., 712. 
Welch, William R., 156. 
Weldon, Lawrence, 186. 



Welles', Charles R., 174. 
Wells, Charles B.. 907. 
Wells, Henry W.. 305. 
Wendling, Greorge R., 461. 
West, Benjamin, 184. 
West, Roy O., 1171-2. 
Wheat, Almeron, 882. 
Wheaton, Charles, 918. 
Wheeler, Alpheus, 1049. 
Wheeler, Hamilton K., 985. 
White, Charles S., 403. 
White, John C, 410. 
White, Marcus, 923. 
White, Spencer M., 954. 
White, William, 7^7- 
Whitehead, Silas S., 425. 
Whitehurst, S. S., 186. 
Whittaker, Nathaniel M., 1008. 
Wiemers, William F., 385. 
Wilcox, John S., 915. 
Wilcox, Sylvanus, 904. 
Wilcox, William H., 914. 
Wilkin, Jacob W., 68. 
Wilkinson, Ira O., 563. 
Willis, Henry B., 915. 
Willitts, George S., 766. 
Williams, Archibald, 2, 182, 880. 
Williams, Edward P., 452. 
Williams, Frank R., 210. 
Williams, John H., 914. 
Williams, Joseph L., 250. 
Williams, Robert R., 878. 
Williamson, Marion, 307. 
Wilson, B. F., 466. 
Wilson, Bluford, 221. 
Wilson, H. Clay, 218. 
Wilson, Isaac G., 904, 913. 
Wilson, John, 238. 
Wilson, John M., 612. 
Wilson, John P., 491. 
Wilson, Peter, 826. 
Wilson, Robert S., 634, 
Wilson, Samuel M., 522. 
Wilson, Seymer G., 891. 
Wilson, William, 21, 125. 
Winchester, Palemon H., 237. 
Winders, Henry M., 803. 
Windes, Thomas G., 90. 
Windett, Arthur W., 651. 
Wines, Walter B., 211. 
Wing, Russell M., 779. 
Wing, William H., 914. 
Wingate, Robert F., 595. 
Win slow, Fayette D., 920. 



INDEX OF PORTRAITS. 



XX111 



Winston, Frederick H., 261, 652. 
Winston, Frederick S., 760. 
Wise, Charles P., 710. 
Witchcr, Robert B., 1065. 
Withers, Henry C, 1104. 
Wolcott, Alexander, 625. 
VVolcott, Richmond, 200. 
Wood, George A., 207. 
Wood, Wales W., 792. 
Woodbury, James C., 895. 
Woods, James W., 879. 
Woods, William A., 251. 
Woodson, David M., 4, 1095. 
Woodson, J. M., iiox. 
Woolfolk, A. C, 1044. 
Worthington, Charles, 1009. 
Worthington, Nicholas £., 309. 



Wright, Paul R., 907. 
Wright, Robert W., 792. 



Yates, Richard, 352. 
Young, Frederick R., 744. 
Young, Jackson G., 803. 
Young, Richard M., 42, 875. 
Young, William H., 1006. 
Youngblood, Edmund D., 596. 
Youngblood, Francis M., 949. 
Youstlcr, John K., 424. 



Zane, Charles S., 193. 



INDEX OF PORTRAITS. 



Ahrens, John P., 1161. 
Aldrich, Charles H., 834. 
Allen, William J.. 212. 
Ayer, Benjamin F., 83. 

Baker, Alfred L., 118. 
Baker, Edward D., 28. 
Baker, Henry S., 689. 
Barger, Richard W., 1165. 
Barnum, William H., 471. 
Barrett, Elmer E., 1029. 
Beach, Myron H., 500. 
Benjamin, Reuben M., 727. 
Bissell, William H., 50. 
Black, John C, 94- 
Black, William P.. 375- 
Blaisdell, Elijah W., 957- 
Blodgett, Henry W., 245. 
Bond, Lester L., 108. 
Bradwell, James B., 831. 
Bradwell, Myra C, 278. 
Breesc, Sidney, 16. 
Brown, Paul, 1026. 
Browning, Granville W., 1156. 
Buckingham, Isaac A., 580. 

Callahan, Ethelbert, 130. 
Carter, Henry G., 1136. 
Carter, Orrin N., 1018. 



Casey, Thomas S., 705. 
Caton, John D., 40. 
Chancellor, Justus, 1175. 
Chetlain, Arthur H., 362. 
Chytraus, Axel, 490. 
Connolly, James A., 224 
Cook, Daniel P., 50. 

Dale, Michael G, 697. 
Davis, David, 542. 
Douglas, Stephen A., 23a 
Drummond, Thomas, 50. 

Eddy, Alfred D., 1035. 
Edwards, Ninian, 50. 
Eplcr, Cyrus, 356. 

Field, Elisha C, 1078. 
Ford, Thomas, 28. 
Freer, Lemuel C. P., 1184. 
Fuller, Melville W., 230. 

Gartside, John M., 1022. 
Gemmill, W. N., 1168. 
Gillespie, Joseph, 28. 
Goodrich, Adams A., 265. 

Hayes, Frederick W. C, 382. 
Henry, Beverly W., 866. 



XXIV 



INDEX OF PORTRAITS. 



Higbee, Chauncey L., 1051. 
Hoblit, James T., loio. 
Hodges, Charles D., 1096. 
Holdom, Jesse, 844. 
Horton, Oliver H., 494. 

Irwin, John G., 672. 
Ishani, Edward S., 389. 

Jack. William, 320. 
Jenkins, James G.. 838. 
Jones, William C, 132. 

Kellum, Charles. 944. 
Kimbrough, E. R. E.. 889. 
Koerner, Gustavus, 16. 
Knapp. Anthony L., 398. 

Lacey, Lyman. 989. 

Lansden, John M., 925. , 

Layman, Charles H., 586. 

Lincoln, Abraham, Frontispiece Vol. 2, 

Lock wood, Samuel D., 16. 

Logan, John A., 230. 

Logan, Stephen T., 166. 

Lyman, David B., 768. 

Masters, Edgar L., 1090. 
McCartney, Robert W.. 742. 
McCulloch, David, 31a 
Miller, John S., 1082. 
Monroe, Henry S., 482. 
Moore, Clifton H.. 896. 
Moore, Stephen R., 978. 
Moran, Thomas A., 764. 
Morrison, Isaac L., 350. 

Northcott. William A.. 532. 

Oglesby. Richard J.. 230. 
Olson, Jonas W., 805. 

Palmer, John M., Frontispiece Vol. i. 
Palmer, John Mayo, 1186. 
Patton, Charles H., 599. 



Peck. George R., 506. 
Potts. Riifus M., 575. 
Pringle, Frederick W., 1170. 

Reynolds, John, 28. 
Rinaker, John I., 238. 
Robarts, Joseph P., 934. 
Runnells, John S., 1180. 

Scanlan, Kickham, 480. 
Schuyler, Daniel J., 1032. 
Scott, John M., 55. 
Semple, James, 16. 
Sheldon, Benjamin R., 969. 
Shields, James, 16. 
Showalter, John W., 230. 
Smith, Abner, 368. 
Smith, Arthur A., 451. 
Smith, Frederick A., 11 73. 
Sparks, William A. J., 780. 
Stevens, John S., 324. 
Sweeney, Edward D., 569. 

Thoman. Leroy D.. 1080. 
Thornton, Charles S., 359. 
Tipton, Thomas F., 721. 
Treat, Samuel H., 34. 
Trainor, John C, 1085. 
Trumbull, Lyman, 50. 
Tunnicliff, John J.. 455. 

Van Dorston, John P., 859. 
Vocke, William, 1178. 

Waite, George E., 812. 
Warvelle, George W., 1158. 
Wegg, David S., 1088. 
White, John C, 410. 
Wilkinson, Ira O., 563. 
Winston, Frederick S., 760. 
Woods, William A., 251. 

Youngblood, Edmund D.. 596. 



THE 



Bench and Bar of Illinois 



CHAPTER I. 

INTRODUCTORY. 

WHEN I accepted the position of editor of the history of the Bench and Bar 
of Illinois I supposed from my early acquaintance with the judges and the 
lawyers of the state, aided by contemporary publications and by the vol- 
untary contributions of those who would, from consanguinity or affinity to the 
judges and the lawyers of the *'old time," feel interested in their fame, I could 
prepare sketches of their professional and judicial history. I am under great 
obligations to some of these sources of information. 

I was admitted to the bar of Illinois on the i8th of December, 1839. '^^^ 
judges of the supreme court, with the governor, constituted a "council of re- 
vision." They convened at the capitol of the state, and held their judicial terms 
there. When I "came to the bar" William Wilson was the chief justice and 
Thomas C. Browne, Samuel D. Lockwood and Theophilus W. Smith were as- 
sociate justices of the supreme court. 

The whole population of the state of Illinois, as was shown by the census of 
1840, was 476,183, and even as late as 1850 the population of the state was 851,- 
470, and the county of Cook, including Chicago, only contained 43,385 inhab- 
itants. The whole of the state of Illinois then constituted one federal judicial 
district, and Judge Nathaniel Pope was then the district judge. The Hon. John 
McLean was one of the justices of the supreme court of the United States, and 
occasionally presided in the circuit court. I remember to have met him but 
once; he came to Springfield "by the stage-coach," which was then the most 
convenient mode of travel. John McLean was an amiable man and a most ex- 
cellent judge. He reported the decisions of the court over which he presided, 
and they are entitled McLean's Reports, and extend over a number of volumes. 

While attending the sessions of the supreme court of Illinois and the district 
and circuit courts of the United States for the district, I became acquainted with 
Justin Butterfield, Giles Spring, James H. Collins, George Manierre and other 
lawyers from Cook county, who traveled in the stage-coaches of the period and 
attended the supreme and federal courts at Springfield. 



2 THE BENCH AND BAR OF ILLINOIS, 

Mr. Biitterfield was admitted to the bar of Illinois in 1837. He came to 
Chicago from some point in the state of New York. His logic was exact and 
ponderous and his sarcasm -was terrific. In his native state he was a Federalist, 
and he opposed the war with Great Britain in 1812. In 1845 ^^ was consulted 
with regard to the policy of the war with Mexico, to which he replied : **I op- 
posed one war, and have never got over it; I am now for war, pestilence and 
famine." In 1847, while the constitutional convention was in session, he said to 
some one : "The only thing necessary to perfect the constitution proposed by 
the convention is that an appeal shall lie from the decisions of the supreme court 
to three sensible justices of the peace." He was appointed commissioner of the 
general land office, a place to which Mr. Lincoln aspired. Mr. Lincoln was ten- 
dered the office of governor of Oregon territory, by way of a solatium. I met 
Lincoln at Jerseyville soon afterward, and said to him : "I supposed you were 
going to Oregon as governor." He said in reply: "Two men were playing 
cards, and one said to the other, *Go to hell !' The one addressed said: 'I will go 
to hell when I am obliged to, and not one minute before !' " Lincoln did not go 
to Oregon! Giles Spring was an exceedingly bright, active and intelligent 
lawyer. He died in Chicago many years ago, too early for his merits to be 
understood. James H. Collins was a good lawyer; he was even at that early 
day opposed to slavery. Mr. Butterfield was arrogant, while Mr. Collins was 
imbued with the profoundest sympathy for humanity. They were partners. 
Butterfield had nothing like enthusiasm in his nature ; Collins loved mankind. 

In June, 1847, ^^^ constitutional convention of that year assembled, and I 
became acquainted with its members and studied their characteristics. Archi- 
bald Williams was a member of the convention from Adams and Highland 
counties. (Highland county has long since ceased to be one of the counties of 
the state of Illinois. It was taken from Adams county and was reannexed by the 
third section of the seventh article of the constitution of 1847.) He was a very 
able man, was a Whig, and made an efficient member of the convention. Mr. 
Williams was a native of the state of Kentucky. He had not then attained the 
distinction he afterward secured as a lawyer. He became known as profoundly 
skilled in the peculiar litigation of what was then known as the "Military Tract," 
and died, as a district judge, in Kansas. 

Michael G. Dale, who was born in Pennsylvania in 1814, was a delegate to 
the convention, from Bond county. He was modest, and was afterward ap- 
pointed to be receiver of public moneys at Edwardsville, of which place he be- 
came a resident. He held the office of county judge of Madison county from a 
time when the memory of man "runneth not to the contrary." He was a party 
to a contested election case (reported in Eighty-eighth Illinois Reports, — Dale 
versus Irwin) in which he was successful. He died in 1897. 

General James W. Singleton was a delegate from Brown county. He 
afterward removed to Quincy, and was a member of congress from that district 
for several terms, having once defeated Mr. Archibald Williams. He ran for 
congress as an old-line Whig. While the canvass was progressing, Mr. Williams 
was asked: "What is an old-line Whig?" Mr. Williams answered: "An old-line 



THE BENCH AND BAR OF ILLINOIS. 3 

Whig is a gentleman who takes his toddy regularly, and votes the Democratic 
ticket occasionally." General Singleton died in Baltimore in 1895. 

Henry E. Dummer was an excellent lawyer; his papers were neatly pre- 
pared. He represented Cass county in the convention of 1847; ^^ ^i^^ ^^ 
Morgan county many years ago. 

Clark county was represented in the convention by William Tutt and Justin 
Harlan. Judge Harlan was county judge, and afterward circuit judge. He was 
eccentric, and possessed a marvelous fund of common sense. He was a little 
profane, even on the bench. One of the suitors of his court sued another on a 
contract for the sale and delivery of a lot of hogs. The evidence showed that the 
contract was that the hogs should be delivered if they could be driven. Judge 
Harlan said that while he was compelled to render a judgment for the defend- 
ant, **it was d d singular that hogs grew wild when pork rose." 

From the county of Coles, one of the delegates was Thomas A. Marshall. 
He was a lawyer of some distinction. He was afterward elected colonel of the 
First Illinois Cavalry. 

Jo Daviess county was represented by Thompson Campbell, W. E. Green 
and O. C. Pratt. A sketch of Mr. Campbell's life appears elsewhere in this work. 
During the session of the convention an incident occurred — to which Mr. Camp- 
bell and Mr. Pratt were parties — which afforded to members, not connected witli 
the affair, great amusement. This incident was nothing less than a proposed 
duel between the two delegates from Jo Daviess county, Mr. Campbell and 
Mr. Pratt., It is not important which was the challenger, but it led to the 
stringent clause in the constitution which provides that **From and after the 
adoption of the constitution, every person who shall be elected or appointed to 
any office of profit, trust or emolument, civil or military, legislative, executive or 
judicial, under the government of this state, shall, before he enters upon the 
duties, in addition to the oath prescribed in this constitution take the following 
oath : *I do most solemnly swear (or affirm, as the case may be,) that I have not 
sent or accepted a challenge to fight a duel, the probable issue of which might 
have been the death of either party, nor have been a second to either party, nor 
in any manner aided or assisted in such duel, nor been knowingly the bearer of 
such challenge or acceptance since the adoption of this constitution, and I will 
not be so engaged or concerned directly or indirectly in or about such duel during 
my continuance, so help me God !' " and it led to the sarcastic remark of Colonel 
Servant, delegate from Randolph county : **I hope Charlie Constable will be put 
in jail for twenty-four hours, and kept without a looking-glass, a hair-brush, or 
tooth-brush !" To those who knew Judge Constable, such a wish was a cruel 
one. Both of these gentlemen (Mr. Campbell and Mr. Pratt) afterward went to 
California, and died there. 

Benjamin Bond was a delegate to the convention from Clinton county. He 
was a lawyer. He became notorious afterward as the author of the separate 
article in the constitution "prohibiting free negroes from hereafter emigrating to 
this state and settling within the bounds of this state, and to prevent the owners 
of slaves in other states from bringing them into and setting them free in this 



4 THE BENCH AND BAR OF ILLINOIS. 

state," with such penalties annexed as would be calculated to effect the object 
in view. I spoke and voted against this resolution, on account of which I was, 
at the election which occurred in the month of August, defeated for re-election 
to the office of probate justice of the peace. 

Hezekiah M. Wead was a delegate from Fulton county. He was born in 
Vermont and died in Peoria. Mr. Wead was a lawyer, and was afterward cir- 
cuit judge: I refer to a sketch of his professional and judicial life furnished 
by his son, Hon. S. P. Wead. Albert Gallatin Caldwell, delegate to the con- 
vention from Gallatin county, was a lawyer of great promise. He died soon 
afterward, in Spring^eld, while attending a term of the court held in this city. 

David Mead Woodson was a delegate to the convention from Greene 
county. Judge Woodson, as he was afterward known, was born near Ver- 
sailles, Woodford county, Kentucky. He afterward was elected judge of the 
circuit court, and held that place for three terms. He was state's attorney for 
his judicial district in 1840, and prosecuted Aaron and William Todd. I speak 
elsewhere of the murder of their cousin, Larkin Scott. Judge Woodson was a 
gentleman of the old school, and maintained the dignity of his court under all 
circumstances. 

Iroquois and W^ill counties were represented by Jesse O. Norton, who was 
afterward a member of congress and a circuit judge. Jefferson, Marion and 
Franklin counties were represented by Zadok Casey and W^alter B. Scates. 
Judge Scates had been attorney general of the state of Illinois and a justice of the 
supreme court. A sketch of his life will appear elsewhere. The delegates from 
Knox county were Curtiss K. Harvey and James Knox. 

Judge Davis, who represented McLean county, is noticed on succeeding 
pages. He was elected circuit judge, and discharged the duties of that office 
for many years. He was then appointed associate justice of the supreme court 
of the United States, and was afterward elected a senator in the congress of the 
United States. He was of doubtful politics, and consented to supersede Mr. 
Bayard in the presidency of the senate pro tem. 

Cyrus Edwards, who represented Madison county, with Edward M. West, 
Benaiah Robinson, and George T. Brown, was a lawyer of great eminence. 
He desired more than anything else to preserve the credit of the state of Illinois, 
and was the author of the two-mill tax, which established the credit of the state. 
Thomas G. C. Davis represented Massac county in the convention. He was a 
native of Virginia, afterward removed to St. Louis and thence to Texas, where 
he died. He was a man of great capacity and of remarkable eloquence. 

Hiram Rountree represented Montgomery county in the convention. We 
furnish elsewhere a sketch of his life. Montgomery and Bond counties and 
Moultrie and Shelby counties were represented by James M. Davis and Anthony 
Thornton, sketches of whom will be found elsewhere. Judges William Thomas 
and Samuel D. Lockwood, who represented Morgan county in the convention, 
were eminent jurists. Lincoln B. Knowlton, who represented Peoria county, 
and Onslow Peters, who represented Peoria and Fulton counties, were success- 
ful lawyers. William R. Archer and William A. Grimshaw, who represented 



THE BENCH AND BAR OF ILLINOIS. 5 

Pike county, were lawyers. Mr. Archer was afterward county judge. Alfred 
Kitchell, a delegate from Richland county, was circuit judge, and after the ex- 
piration of his term of office removed to Galesburg, where he died. Colonel 
Sen^arit, of whom I have before spoken, was a lawyer from Randolph county, 

Sangamon county was represented by John Dawson, James H. Matheny, 
Ninian W. Edwards and Stephen T. Logan, all of whom have since died. James 
H. Matheny was once clerk of the circuit court and afterward was county judge. 
Ninian W. Edwards had been attorney general, member of the legislature from 
Sangamon county and was afterward superintendent of public instruction, having 
been appointed by Governor Matteson. Mr. Edwards was the brother-in-law of 
President Lincoln, who appointed him commissary of subsistence during the 
late civil war. Stephen T. Logan, whose sketch will appear elsewhere, was an 
oracle in the law. He was remarkable for his extensive knowledge of the law, 
and the moderation of his charges for his services. The county court of 
Macoupin county (under my advice) procured his written opinion upon a consti- 
tutional question, for which service he charged ten dollars. Notwithstanding 
the moderation of his charges, he left an immense estate, having used his money 
in the entry of real estate, at one dollar and a quarter per acre. 

Charles H. Constable was a delegate from Wabash county. He was after- 
ward circuit judge, was a good lawyer and was remarkable for his personal 
neatness. Abner C. Harding was. from Warren county ; he was a lawyer of some 
distinction, was afterward appointed colonel of one of the Illinois infantry regi- 
ments, and won some reputation by the repulse inflicted upon Forrest at Fort 
Donelson. 

Samuel Snowden Hayes, a delegate from White county, was the youngest 
man in the convention. He afterward married the daughter of Colonel E. D. 
Taylor, of Springfield, removed to Chicago, and was appointed city comptroller. 
He died in Chicago many years ago. Willis Allen, father of the present judge, 
W. J. Allen, represented several of the southern counties. He was state's attor- 
ney, member of congress, and circuit judge. 



CHAPTER II. 

THE FORMATIVE PERIOD— TERRITORIAL AND STATE. 

THE territory of Illinois was organized into a county of Virginia on the 12th 
day of December, 1778, and John Todd was appointed lieutenant com- 
mandant of the county of Illinois, by Patrick Henry, at that time the 
governor of the state of Virginia. 

Governor Henry's letter of instructions to the commandant contained direc- 
tions relating to the defense of the county ; but it is noticeable that the liberties 
of the people were also the subject of the care of that patriotic statesman. He 
said : ** You are on all occasions to inculcate on the people the value of liberty, 
and the difference between the state of free citizens of this commonwealth and 
that slavery to which Illinois was destined ; a free and equal representation 
may be expected by them in a little time, together with all the improvements in 
jurisprudence and police which other parts of the state enjoy." 

Illinois continued to form a part of the state of Virginia, and subject to its 
laws, until 1784, when the ^'County of Illinois,'' being a part of the territory 
northwest of the river Ohio, was ceded by the state of Virginia to the United 
States. 

The congress of the confederation adopted certain resolutions for the gov- 
ernment of the Northwestern territory in 1784, but they were repealed by the 
ordinance of 1787, which laid the foundations of liberty and law for all the states 
of Ohio, Indiana, Illinois, Michigan and Wisconsin, — a territory whose resources 
were then unknown, it being inhabited by but a few white persons, who were 
engaged then, and for many years thereafter, in a struggle with the red men for 
its possession ; a territory which is now the home of millions of happy and 
prosperous people. 

The ordinance, which passed the congress, assembled under the articles of 
confederation, on the 13th day of July, 1787, not only provided the framework 
for a temporary government of the territory of the United States northwest of the 
river Ohio, (which has been in essentials followed by subsequent congressional 
legislation in the creation of territories formed from the national domain), but 
it secured perpetually to inhabitants of the territory their most valuable and 
precious rights. 

The ordinance provided a rule for the descent of the property of intestate 
proprietors, for the making of wills and conveyances, and for the transfer of per- 
sonal property by delivery, saving to the French inhabitants their own customs. 
It anticipated what is called the "bill of rights/' the ten first amendments of the 
federal constitution. It secured to the present and future inhabitants of the 
territory freedom of worship and the benefits of the writ of habeas corpus. It 
gave assurance of a proportionate representation of the people in the legislature, 
and of judicial proceedings, according to the course of the common law. It 
secured to all persons accused of crime, where the proof was not evident or the 

6 



THE BENCH AND BAR OF ILLINOIS. 7 

presumption great, the privilege of bail and moderate fine, and protection 
against cruel, or unusual punishments in case of conviction for misdemeanors or 
crimes, and insured to the citizen that protection for his person and property 
conceded bv the "Great Charter." 

"Xo man shall be deprived of his liberty, or property, but by the judgment 
of his peers or the law of the land, and should public exigencies make it 
necessary for the common preservation to take any person's property or to 
demand his particular service, full compensation shall be made for the same;" 
and then, as if in anticipation of the efforts of demagogues to pervert the public 
conscience, it was declared, as the sense of congress, "and in the just preserva- 
tion of rights and property it is understood and declared that no law ought ever 
be made, or have force in the said territory that shall in any manner whatever 
interfere with or affect private contracts or engagements, bona-fide and without 
fraud, previously formed," and the ordinance further provides that "there shall 
be neither slavery nor involuntary servitude in the said territory, otherwise than 
in the punishment of crimes, whereof the party shall have been duly convicted." 
These provisions were preserved in the constitutions of the states formed 
from the Northwestern territory, and under them the liberties of the people 
have found protection and security. 

It has been said by an eminent statesman and jurist that "Two of the pro- 
visions of the ordinance of 1787 were sufficient for the protection of popular 
rights : First, that which provides for a proportionate representation of the 
people in the legislature; second, that of judicial proceeding according to the 
course of the common law." By the fifth section of the ordinance the governor 
and judges were clothed with qualified powers of legislation, that is to say, the 
governor and judges, or a majority of them, were "authorized to adopt and 
publish in the district such laws of the original states, criminal and civil, as may 
be necessary and best suited to the circumstances of the district, and report them 
to congress, from time to time ; which laws shall be in force in the district until 
the organization of the general assembly therein, unless disapproved of by the 
congress; but afterwards the legislature shall have authority to act as they 
see fit." 

In 1798 it was ascertained that the Northwestern territory contained five 
thousand white male inhabitants and was therefore entitled as a matter of right 
to enter on the second grade of territorial government provided for in the 
ordinance of 1787. (Burnett*s Notes, 288.) The fact was made known by the 
proclamation of Governor St. Clair, calling upon the people to elect represent- 
atives to meet at Cincinnati, in convention, for the purpose of nominating ten 
persons to be returned to the president of the United States, five of whom it 
was his duty to select, and, upon confirmation by the senate, commission as a 
legislative council. 

The representatives elected assembled at Cincinnati on the 4th day of 
February, 1799, as required by the proclamation. They made the nomination 
and adjourned to meet at Cincinnati on the i6th day of September ensuing. 
The governor transmitted the names of the nominees to the secretary of state. 



8 THE BENCH AND BAR OF ILLINOIS. 

and the president, by and with the consent of the senate, appointed Jacob Bur- 
nett and four others to be the legislative council. The house of representatives 
consisted of twenty-two members, amongst whom it is noticeable that Shadrach 
Bond and John Edgar represented the counties of St. Clair and Randolph, 
respectively. 

The governor and judges had power under the ordinance to legislate to 
the extent of adopting the statutes of any of the original states of the Union, 
and the legislature elected by the people, which assembled at Cincinnati on the 
i6th of September, 1799, was clbthed with complete powers of legislation, sub- 
ject only to the ordinance of 1787 and to the superior supervising power of 
congress. 

Burnett says : "The statutes which had been adopted from time to time by 
the governor and judges formed a miserable apology for a code of statute law : 
many subjects of interest were not embraced in them, and most of them were 
in a crude and imperfect state. The nrost useful of them were taken from the 
Pennsylvania code, with the exception of one from the code of Virginia, which 
adopted the common law, and such of the English statutes made in aid of it prior 
to the *4th,' of James I, as was of a general nature, and applicable to the 
country. 

"Although this law was important in the administration of justice, as with- 
out it the courts must have legislated in many of the cases which came before 
them ; yet it was so general and indefinite in its terms, that questions were 
perpetually arising at the bar and on the bench as to which of the statutes of 
the English code were adopted, and whether such parts of statutes as were 
applicable to the state of the country might be taken, and others rejected, — as, 
for example, in a case in which the defense rested on a plea of usury, there 
being no statute of the territory on that subject, the defendant reUed on the 
statute of 13th Elizabeth, which comes clearly within the terms of the adopting 
law, both as to time and subject matter ; yet, as it authorized an interest of ten 
per cent., and the interest in the territory, established by general consent, was 
only six per cent., it became a question whether it did or did not justify that 
rate of interest, and, if not, whether the penalty of the act could be enforced 
in that case." 

Burnett, from whom I quote, was a lawyer and he says "On many inter- 
esting subjects, particularly that relating to remedies and the mode of enforcing 
them, there had been no legislation. The course of the common law was relied 
on, which was tedious and in most cases difficult and expensive, and the more 
so as there was not any tribunal in the territory vested with chancery powers. 
The courts of common law, as far as their forms and modes of administering 
justice would permit, assumed those powers from necessity, by which partial 
relief was obtained. On the subject of the partition of real estate, assignment 
of dower, relief of insolvent debtors, settlement of disputes by arbitration, 
divorces, and alimony, equitable set-oflF, and the specific execution of real con- 
tracts, the territorial code was entirely silent." 

In most of the cases mentioned the legislature at its first session "passed 



THE BENCH AND BAR OF ILLINOIS. 9 

laws providing simple and easy modes of proceeding." Laws which were made 
by the governor and judges, and by the general assembly of the Northwestern 
territory, until passage of the act of congress of May 7, 1800, which created 
Indiana territory, were in force in Illinois. 

On the 3d day of February, 1809, congress passed an act dividing the 
Indiana territory into two separate governments, and the laws borrowed by the 
governor and judges from other states of the Union, — which had been done 
wuth such liberality that only the titles were retained, — the laws enacted by the 
house of representatives of the Northwestern territory, and also enactments of 
the representatives of the people of the territory of Illinois were, except so far 
as they were repealed, in full force w^hen the territory of Illinois was created 
(February 3, 1809). 

It must be observed that the congress of the United States, which had full 
authority to legislate for the people of the Illinois territory, on the 3d day of 
March, 1815, passed an act regulating and defining the duties of the United 
States judges for the territory of Illinois. The act divided the territory into 
three circuits, that is to say, the counties of Madison and St. Clair were to 
constitute the first circuit; the counties of Randolph and Johnson the second; 
and the counties of Gallatin and Edwards the third circuit. These were at the 
time all the counties of the territory, and the places of holding the circuit courts 
was fixed by the same law. 

The judges w^ere given by the act jurisdiction "over all causes, matters or 
things at common law or in chancery," arising in each of said counties, "except 
in cases where the debt or demand shall be under twenty dollars, in which cases 
they shall have no jurisdiction." 

The act further provided that "the said judges shall be conservators of the 
peace, and the said circuit courts in term time, or the judges thereof in vacation, 
shall have power to award injunction writs of ne exeat, habeas corpus and all 
other writs and process that may be necessary to the execution of the powers 
with which they are, or may be, vested." It was further provided by the act 
that "the said circuit courts respectively shall have power to hear and determine 
all treasons, felonies and all other crimes or misdemeanors that may be com- 
mitted within the respective counties aforesaid, and that may be brought before 
them respectively by any rules or regulations- prescribed by law." 

The effect of this act was to create a court of appeals for the territory of 
Illinois. 

The fifteenth section of the act provides: "That the said judges, or a 
majority of them, shall constitute a court to be styled the court of appeals of 
Illinois territory, and shall hold two sessions annually, at the town of Kaskaskia, 
* * * which court shall have appellate jurisdiction and to w^hich appeals 
shall be allowed, and from which writs of error, according to the principles of 
the common law and conformably to the laws and usages of the said territory, 
may be prosecuted for the reversal of the judgments and decrees of the said 
circuit court, as of any inferior courts which now are or may hereafter be 
established by the law of said territory." 



CHAPTER III. 

THE SUPREME COURT— TERRITORIAL AND SUPREME COURT JUDGES. 

ON the 3d day of February, 1809, congress passed an act creating the 
territory of lUinois, and on the 7th day of March, in the same year, the 
president appointed Alexander Stuart, Obadiah Jones and Jesse Burgess 
Thomas to be territorial judges. 

The territorial legislature, at its session in 1814, passed an act to establish 
a supreme court for Illinois territory, which in many material points changed 
the judicial system adopted by the authority of congress upon the organization 
of the territory. 

The judges of the territory took emphatic ground against the law : they 
were requested by the legislature to state their objections in writing, which they 
did. They held among other grounds for their opposition, "That as the United 
States government, in pursuance of the ordinance, had established a court of 
general jurisdiction, and had reserved the right of appointing judges to con- 
duct it, the territorial legislature, which is an inferior authority, had no power 
to change or modify it." 

They said "It would have been futile in congress to establish a court, 
leaving the power in other hands to establish a tribunal superior to it, which 
would be to annul it." The judges proceeded to argue at length in opposition 
to the bill ; and the opinion was signed by Judges Jesse B. Thomas and William 
Sprigg. Judge Griswold, though absent, is understood to have concurred with 
the other judges. The governor (Edwards) favored the act, and he was re- 
quested by the legislature to prepare an answer to the objections of the judges, 
which he did, and his answer was spread at large upon the legislative journals. 

The reasoning of the judges seems to be soHd and conclusive. "In view 
of the whole matter the legislature adopted resolutions for transmitting the 
contemplated act, together with the letter of the judges, and answer thereto of 
Governor Edwards, to congress, accompanied by an address "requesting the 
passage of a law declaring the aforesaid enactment valid, or pass some law 
more explanatory of the relative duties and powers of the judges aforesaid and 
of this legislature, in order to remove any future or existing difficulties that 
may arise between the judges and the legislature." 

Congress accordingly, on the 3d of March, 1815, passed "An act regulating 
and defining the duties of the United States judges for the territory of Illinois," 
of which we have heretofore spoken. 

The territorial judges wxre appointed by the president, and confirmed by 

the senate. On the occasion referred to they exhibited commendable firmness, 

and their arguments were unanswerable; still but little is known of the terri- 

10 



THE BENCH AND BAR OF ILLINOIS. ii 

torial judges, unless Jesse Burgess Thomas, one of their number, is an exception.^ 
Governor Reynolds says, speaking of Judge Stuart (Pioneer History, 365) : 
"Stuart soon resigned, and Stanley Griswold was appointed. Judge Stuart 
remained on the bench but for a short time in Illinois and was appointed judge, 
of the territory of Missouri" (Pioneer History, 371). He says of Stanley Gris- 
wold, the successor of Judge Stuart, "He w^as a correct, honest man, a good 
law^yer, paid his debts and sung David's psalms. He was transferred to Michi- 
gan territory, and in his place Thomas Towles was appointed, who presided on 
the east of the territory" (Pioneer History, 402). There are in the annals of 
Illinois territory no account of Obadiah Jones, one of the judges appointed 
by the president on the 7th day of March, 1809; it is doubtful if he accepted 
the place, or performed any of its duties, and Stanley Griswold, his successor, 
was commissioned March 16, 1810. 

Jesse Burgess Thomas has a history. He was born in Hagerstown, Mary- 
land, in the year 1777, and was reputed to be a lineal descendant of Lord Balti- 
more. He removed with his parents to Kentucky in 1779, and after having 
received something more than a common-school education studied law with his 
brother, Richard S. Thomas, in Bracken county, Kentucky. On the organiza- 
tion of Dearborn county, Indiana territory, March 7, 1803, he removed to 
Lawrenceburg, and commenced the practice of law. 

On January 3, 1805, he was elected to represent that county in the legis- 
lature, which convened in Vincennes, February i, 1805, to choose members 
of the legislative council, and on the proclamation of the governor, William H. 
Harrison, the legislature assembled on the 29th of July, 1805, and at this its 
first session he was elected speaker of the house of representatives. He presided 
as speaker of the first and second sessions, at Vincennes, from September 26, 
1805, to October 24, 1808, when he was elected by the assembly as delegate to 
the tenth congress, to succeed Benjamin Park, resigned. He served as delegate 
from December 8, 1808, to March 3, 1809. He was appointed and commissioned 
August 24,. 1 805, by Governor Harrison, a captain of militia of Dearborn county. 
Within his legislative term he married the widow of Major John Francis 
Hamtramck, and then moved to Vincennes, where he resided a short time. On 
the organization of Illinois territory, March 7, 1809, President Madison 
appointed him one of the territorial judges. He then moved to Kaskaskia, 
thence to Cahokia and later to Edwardsville. 

In July, 1818, he was elected a delegate from St. Clair county to the 
constitutional convention, and was elected president of the convention that 
formed the constitution of Illinois. He was elected by the first general assembly 
of Illinois one of its first two United States senators, serving from December 4, 
1818, to March 3, 1828. As senator he proposed the Missouri Compromise 
and was chairman of the committee of conference on that measure, and it, as 
adopted, was his work. This he regarded as the most important act of his 
life. 

In 1829 he removed to Mount Vernon, Ohio, where he assisted at the 
organization of St. Paul's Episcopal church, of which he was a consistent 



12 THE BENCH AND BAR OF ILLINOIS. 

member. He owned a large property in Mount Vernon and was one of the 
town proprietors of Brookville, Indiana. 

In stature he was full six feet, w^ith florid, brown complexion, dark hazel 
eyes, dark brown (nearly black) hair. With a well developed muscular system, 
he weighed over two hundred pounds, was very particular in his personal 
appearance, and had the mode (manners) of a refined gentleman of the last 
century.. He died, childless, at Mount \'emon, Ohio, leaving a large estate, 
May 4, 1853, aged seventy-five years. We have followed the sketch of Judge 
Thomas, contributed to the Pioneer History by Samuel Morrison, of Indian- 
apolis, Indiana, in 1884. But Governor Reynolds' Pioneer History (page 401) 
says of Judge Thomas that "He was a man of talents, but did not particularly 
employ his mind on the dry subtleties of the law. He was born a politician, 
and never ceased the avocation until death closed the scene with him a few 
years since in the state of Ohio. In 1818 he was elected a member, from St. 
Clair county, of the convention that formed the state constitution ; was elected 
the president of that body, and gave general satisfaction in the performance of 
his duty. He was also elected to the United States senate, the same year, made 
a good business member, was a great friend of Crawford for the presidency, 
and did much in the compromise of the Missouri question. He was a gentleman 
of fine appearance and address." 

Governor Reynolds quotes a significant saying of Judge Thomas, on which 
he acted "considerably," and which proves that he was bom a politician, "that 
you could not talk a man down but you could w^hisper him to death." It is 
added, "on the bench or in the senate he possessed a dignified and respectful 
bearing." 

Judge John M. Scott (Illinois History, page 270) says of Judge Thomas: 
"The services rendered by him in the senate of the United States not only 
affected the welfare of the state of Illinois, but in a degree the nation at large. 
One measure with which his name is connected has become famous in the 
history of this country. It is said that he- was the author of that measure 
known as the Missouri Compromise of 1820. In that way he connected his 
name wdth an act predestined from the beginning to be one of the most mo- 
mentous events in American history." 

Governor Reynolds properly understood the character of Judge Thomas, 
I have no doubt. He was a politician and his successes were in the field of 
politics. 

"William Sprigg possessed a strong, discriminating mind, and made an 
excellent judge, w^as a fine classical scholar, and a well read and profound 
lawyer. He was born in Maryland and was of excellent family. His brother 
was the governor of Maryland, and other relatives occupied important stations 
in that state. He had an utter contempt for street politics. A purer heart, or 
one with more integrity, never found its way to the bench. He was a spectator 
in the campaign of 1812, under Governor Edwards, to Peoria lake, as he had 
no gun or other weapon that denoted belligerency. His pacific and sickly 
appearance, together with his perfect philosophic indifference as to war or 



THE BENCH AND BAR OF ILLINOIS. 13 

peace, life or death, made him the subject of much discussion among the troops." 
(Pioneer History, page 402.) 

We have related all that is known to the public concerning the territorial 
judges. After the passage of the act of March 3, 1815, which took effect from 
and after the ist day of April next, the judges were required to perform circuit 
duties, and they, or a majority of them, were constituted a court, to be styled 
the court of appeals for Illinois territory. The records of the court of appeals 
have not been examined, but it is understood that in no case heard by the 
judges was a written opinion filed. The constitution of 1818 made the judges 
of the supreme court elective by the joint ballot of the two houses of the legis- 
lature and the constitution required that "the supreme court shall be holden at 
the seat of government, and shall have an appellate jurisdiction only, except in 
cases relating to the revenue, in cases of mandamus, and in such cases of im- 
peachment as may be required to be tried before it." It was made to consist of 
a chief justice, and three associates "any two of whom shall form a quorum. The 
number of justices, may, however, be increased by the general assembly after 
the year 1824." 

"The judges were directed to be commissioned by the governor and to 
hold their offices during good behavior until the end of the first session of the 
general assembly, which shall be begun and held after the ist day of January 
in the year of our Lord 1824, at which time their commissions shall expire. 
* * * But ever after the aforesaid period the justices of the supreme court 
shall be commissioned during good behavior, and the justices thereof shall not 
hold circuit courts unless required by law." 

The first session of the general assembly of the state of Illinois met on the 
5th day (first Monday) of October, 1818, in Kaskaskia, in pursuance of the 
constitution, and on the 8th of that month proceeded to choose a chief justice 
and three associate justices. 

The legislature had but little difficulty in selecting a chief justice, for on 
the first ballot Joseph Philips received thirty-four of the forty ballots cast; for 
associate justices William P. Foster and Thomas C. Browne were chosen, and 
finally John Reynolds was elected, having received twenty-two votes of the 
whole number (forty) cast. 

All waiters agree that Chief Justice Joseph Philips was an admirable selec- 
tion. As one writer says : "He was a lawyer of fine intellectual endowments." 
He held the office but a short time, as he resigned his place upon becoming a 
candidate for governor, in 1822. His resignation bears date July 4, 1822, and 
Thomas Reynolds became chief justice on the 31st of August, 1822. Breese 
reports but fifteen cases, which fill only fourteen pages of his reports, decided 
by the supreme court while Chief Justice Philips was on the bench, so there are 
but scant materials for determining his merits as a judge. 

Thomas Reynolds, his successor, was born in Bracken county, Kentucky, 
March 12, 1796, and was admitted to the bar about the time he reached his 
majority. He came to Illinois while it was a territory, and filled the office of 
clerk and speaker of the house of representatives. He was appointed chief 



14 THE BENCH AND BAR OF ILLINOIS, 

justice of the supreme court of Illinois on the 31st of August, 1822. He removed 
to Missouri in 1829, locating himself at Fayette, Howard county, in that state. 

He was elected a member of the house of representatives of the state 
legislature from Howard county, and was chosen to be speaker of that body. 
He filled the office of circuit judge for a short time, and was afterward, in 1840, 
elected to be governor of Missouri, and died while in office, February 9, 1844. 
He was a profound lawyer, and as an orator was forcible and captivating, both 
in the legislature and in the courts. At the time of his death he was a candidate 
for a seat in the United States senate, with almost a certainty of being elected. 

Breese reports a number of the opinions of the supreme court delivered by 
Chief Justice Reynolds, which exhibit much more finish than those reported 
before '*he came to the bench." 

Thomas C. Browne was elected one of the associate justices of the supreme 
court, and his commission is dated October 9, 181 8. He was re-elected one 
of the associate justices at the reorganization of the supreme court in 1825 ; was 
again commissioned on the 19th day of January, 1825, and held his office until 
after the adoption of the constitution of 1848. 

There is much difference of opinion in the legal profession as to the 
judicial merits of Judge Thomas C. Browne. He was born in Kentucky, came 
to Illinois territory in 1812, and settled himself in Shawneetown; he had 
studied law in Kentucky and at once commenced the practice of his profession. 
Judge Scott says (Illinois History, page 77) in speaking of him : "All lawyers 
at that early day seem to have had quite as much, if not more, fondness for 
politics than the law: Judge Browne was no exception to that general rule. 
Within two years after his coming to Illinois territory he entered upon the 
work of office-seeking, and office-getting, — ^a work in which he was quite 
successful. He did not practice his profession for any great length of time. 
Office-seeking seems to have been a mania of that period, and became a mad 
passion with all professional men, — lawyers, doctors, and even ministers, became 
attracted within the maelstrom of politics. * * * in 1814, Judge Browne 
was elected a member of the house of the territorial legislature, as a represent- 
ative from Gallatin county. In 1816 he was a member of the legislative council 
of the territorial legislature. * * * He was appointed attorney for the dis- 
trict in which Gallatin is situated, in 1816, and probably continued in that 
office, whatever it was, until the state government was organized. 

"On the organization of the state government, in 181 8, he was, on joint 
ballot of both houses of the legislature, chosen one of the associate justices of 
the supreme court of the new state, shortly to be admitted into the Union. He 
was re-elected in the same way and commissioned a member of the same court 
on the 19th of January, 1825, and thereafter held the office until the first Monday 
of December, 1848, when the old constitution was superseded by the new. He 
then retired to private life, and nothing more was heard of him. Later, there 
was a brief announcement of his death. That was the end of one whose life 
had been a benediction to the state." 

Judge Scott's observations are true, but in making them he overlooked 



THE BENCH AND BAR OF ILLINOIS. 15 

the fact that before the introduction of railroads, telegraphs, telephones, and 
the "daily newspaper," which collects the history of events in all parts of the 
civilized world and, by means of the railroads, is delivered on the day of its 
publication at nearly every postoffice in the state, — the lawyers were the 
instructors of the people on every political topic. 

The terms of the courts usually lasted three or four days and rarely more 
than a week. On the Monday beginning the term, at noon or in the evening 
after court adjourned, some recognized member of the bar would "make a 
speech," defending his own party or assailing the other party. If the first 
"speech" was made at noon or at night, some lawyer would answer the first 
speaker at night or at noon, and so the party orators would alternate to the 
end of the term of the court. 

Under such circumstances, it was natural that lawyers should be politicians 
and office-seekers, — most of them were so, and for their reputation at the bar 
some of them were more indebted to their political dexterity than to their 
knowledge of the law. Without capacity for "stump oratory" the lawyer of 
early times rarely succeeded in winning reputation. 

Following Judge Scott (Illinois History, page 79) : "Writers concerning 
the period in which Judge Browne lived speak very favorably of him as a 
man of the highest personal integrity and as a worthy judge for the time in 
which he served in that capacity. On the circuit he was a most valuable judge 
and administered the law as he understood it, with the strictest impartiality to 
all alike that had business in the court where he presided. In that respect his 
character is without the slightest smirch or reproach." Governor Reynolds, who 
knew him well, says: "Honor, integrity and fidelity are prominent traits in his 
character." It was never claimed for Judge Browne that he was a man of any 
very great literary attainments, or that he was a profound lawyer, still, following 
Judge Scott, "but it is due to his memory to say, as the truth is, he was a good 
judge on account of his integrity of character and his valuable practical sense 
in all matters of business." 

An attempt was made, in 1843, to impeach Judge Browne "for want of 
capacity to discharge the duties of his office of judge of the supreme court." It 
is to be regretted that, though Judge Browne was continuously one of the 
associate justices of the supreme court from 181 9 until 1848, he delivered no 
opinion upon any important subject and did no act worthy of being remembered, 
— unlike Lockwood and Smith and some others of his associates. Though a 
member of the council of revision, he did nothing for the reform of the law or 
the improvement of the statutes. 

Justice John Reynolds was appointed one of the associate justices and was 
commissioned on the 9th of October, 1818. Judge Reynolds, who was better 
known to the public of his day as Governor Reynolds, or the "Old Ranger," has 
written the story of his "Own Times." He was born in Montgomery county, 
Pennsylvania, on the 26th of February, 1788. When he was about six months 
old his parents removed to Tennessee and settled near Knoxville, in that state, 
and, according to the governor's account: "We left Tennessee in February, 



i6 THE BENCH AND BAR OF ILLINOIS. 

1800, with eight horses and two wagons, for New Spain. Our company con- 
sisted of my parents, six children, — I, the oldest, — three hired men and a colored 
woman/' In "My Own Times" he describes the journey of the family from 
Tennessee to Kaskaskia, and gives the reason why his father did not settle under 
the jurisdiction of the Spanish government. 

Judge Reynolds was liberally though not classically educated, and says 
("My Own Times," page 91) : "In the fall of 1812 I was examined, at Kaskaskia, 
before Judges Thomas and Sprigg, two of the United States judges for the 
territory, and admitted to practice law. I attended a county court this fall, 
which was held in an old house of Thomas Kirkpatrick, near the high bank of 
Cahokia creek, embraced in the present Edwardsville ; but I had no business 
in court, and, being so diffident and so much out of gear for the practice of law, 
I was truly glad that I had nothing to do." 

The writer is reminded by this story told by Governor Reynolds of an 
incident which he copies from "Recollections of an Earnest Life," a book which 
he hopes to publish at an early day. 

He lived at Carlinville, and like Governor Reynolds attended his first court 
at Edwardsville : "It is thirty-five miles from Carlinville to Edwardsville, and I 
walked the first day from Carlinville to the home of my father, who lived near 
the road, eight miles from Edwardsville. I spent a day at father's, and the 
following morning went into Edwardsville, stopped at a public house kept by a 
man named Wilson, with whom I had a friendly acquaintance; I explained to 
Mr. Wilson that I had no money to pay bills, when, without waiting to hear 
more, he told me — with a rough generosity I can never forget — that I could 
stay with him as long as I pleased, pay him when I could, and if I never could 
*it didn't make a d — d bit of difference!' It can well be imagined that after this 
reception I felt at home. 

"I had known Judge Breese when I was a boy, and the first law speech I 
ever heard was made by him. He met, and remembered me kindly, and soon 
after assigned me to the defense of a poor fellow who was indicted for larceny. 
I have often repeated the incidents of this trial and the conduct of Judge Breese 
toward me, to illustrate the wisdom of judges who treat young members of the 
bar with kindness. 

"Any lawyer may easily guess the character of the defense I made for 
this, my first client. I had never before appeared in the circuit court; my 
client was unquestionably guilty, and the jury so found after very brief hesita- 
tion. After the jury had found him guilty, I remembered that according to 
*the books,' after a verdict against a client it was the duty of a lawyer to make 
a motion for a new trial, and if that motion failed to then move in arrest of 
judgment. Accordingly I made a motion for a new trial for the usual formal 
reasons : I know I attempted to argue the motion, and although at the time 
I was so embarrassed by the surroundings that I then scarcely understood what 
I said, I was satisfied soon afterward, when I heard the judge, that I had made 
a most learned and forcible argument. 

"When I concluded my speech, whatever it was, I was confused enough, 



gostavub kobinbr. 
Jamks Sbmplk. 



[, D. LOCKWOOD, 



SlDHBV BrEBSS. 

Jamks Shields. 



THE BENCH AND BAR OF ILLINOIS, 17 

but when Mr. Kitchell, the then attorney-general, finished his caustic and almost 
contemptuous reply, I was overwhelmed with confusion. The judge however 
rescued me ; he noticed in succession the reasons I had assigned in writing for 
a new trial, and said that 'the learned counsel had supported these reasons with 
great force of argument/ He stated what he said were the arguments I had 
used, confessed he was impressed with their force, and then proceeded to 
answer them with great deliberation, and concluded by saying that 'the defendant 
had been ably defended by learned counsel, and tried by an intelligent and 
impartial jur>', and that he therefore felt constrained to overrule the motion for 
a new trial, and render a judgment on the verdict/ 

"I did not make a motion in arrest of judgment, but I will confess that for 
a w^hile after the judge concluded I believed I had really used the arguments 
that he attributed to me and then repeated, and answered, and though I after- 
ward realized that both the arguments and the answers to them were the work 
of the judge, he made an impression upon me that still remains, and secured 
for himself my best personal services as long as he had occasion for them ; and 
he left upon my mind an impression which I still retain, — that Sidney Breese 
was in all respects an ideal judge, and, in view of his inaptness as a politician, I 
have been inclined to repeat what Dryden says of Shaftesbury : 

In Israel's courts ne'er sat an Abeth-din • 

With more discerning eyes or hands more clean — 

Unbribed, unsought, the wretched to redress, 

Swift of dispatch, and easy of access! 

O, had he been content to serve the crown 

With virtues only proper to the gown; 

Or had the rankncss of the soil been freed 

From cockle that oppressed the noble seed, — 

David, for him, his tuneful harp had strung 

And Heaven had wanted one immortal song." 

The judge was for some reasons a failure as a politician, but his pre- 
eminence as a judge has never been disputed. 

Governor Reynolds describes the" condition of the country from the time 
of his father's migration to Illinois territory, and says C'My Own Times," page 
95): "Many of my comrades at the organization of the army were appointed 
to small offices, but diffidence and a savage independence never permitted me 
to approach officers' tents or solicit anyone for an office. I declined becoming 
acquainted with any of the higher officers." 

In the estimation of his cotemporaries the afterward judge of the supreme 
court, governor and member of congress got bravely over his "diffidence," for 
there never existed in the state a more inveterate office-seeker than he was. 
Governor Reynolds, in his "My Own Times/' page 135, gives the following 
account of his election as one of the associate justices of the supreme court : "At 
the time of the session of the first legislature I resided in Cahokia, and had not 
the least intention of visiting the legislature at all. I cared very little who was 
elected to any office ; one thing was, I coveted nothing for myself. My friends 



i8 THE BENCH AND BAR OF ILLINOIS. 

urged me to visit with them the general assembly in session at Kaskaskia, and 
I did so. When we reached the legislature there was great excitement in 
relation to the election of officers by the general assembly. I had been in 
Kaskaskia only a few days when it was urged on me to know if I would accept 
a judgeship if I was elected. This broke on me like a clap of thunder! I was 
in truth persuaded to become a candidate for the office. I had a great many 
personal friends, both in and out of the legislature, who urged me much to 
consent to oflFer. The material for the bench was not as good as it might be." 

It is probable, that Governor Reynolds believed at the time that he was 
forced by his *'friends'* to become a candidate for the office of associate justice 
of the supreme court of Illinois, but his **diffidence*' was easily overcome. He 
became a candidate, and was elected, as before stated, by a vote of twenty-two 
to eighteen. 

Judge Reynolds was not re-elected in 1825. The judiciary of the state was 
reorganized by that legislature, as was required by the constitution. "Although 
candidates before the general assembly for re-election to the same positions 
they had held. Chief Justice Thomas Reynolds and Associate Justice John Rey- 
nolds were defeated ; it was a sore disappointment to them." 

Of Chief Justice Reynolds persons who knew him all bear the same testi- 
mony. He was a very able and learned lawyer and made a good judge. Many 
modern writers speak of him as a younger brother, and others as nephew of 
Judge John Reynolds, but neither statement is correct. The fact is, Chief 
Justice Reynolds was in no way related to Justice John Reynolds. 

In 1829, some years after his defeat, Chief Justice Thomas Reynolds went 
to Missouri, and perhaps remained there until his death. In the sketch of 
Chief Justice Thomas Reynolds we have given an account of his subsequent 
career in Missouri. Judge Scott says (Illinois History, page 141): '*A sum- 
mary of Judge John Reynolds' judicial career is : While he was not a great 
judge, he was a good judge ; not learned in the law as written in the books, yet 
he was a fair lawyer; undignified in his presiding on the bench, and always 
saying foolish things, yet his purpose — an honest one — was to mete out equal 
and impartial justice to all persons — without distinction as to station in life; 
whether high or low, white or black, bond or free — litigating in the courts held 
by him. That was the crowning excellence in his judicial character." 

Still following Judge Scott (Illinois History, page 142) : "After Judge 
Reynolds left the bench, early in 1825, he pretended to enter upon the practice 
of law. He attended courts in his own and adjoining counties, with very great 
regularity. In some of the counties he picked up a few cases, but none of 
considerable importance. His ambition was now turned into another channel, 
— his purpose was to enter upon a political life, one for which, it will be seen 
later, he was eminently fitted. I have no doubt that it was for that reason he 
attended the courts, — more to become acquainted with the people, that he might 
in that way advance his political ambition, rather than in any hope or even 
desire to obtain law business. * * * Qf his practice in later life he says: 
*I practiced law in some peculiar cases, for my amusement and recreation.' 



THE BENCH AND BAR OF ILLINOIS. 19 

These peculiar cases were cases that no one else wanted or would have, — mostly 
they were for old friends who had really no cause of action, but wanted a *law- 
suit,* and he was willing to oblige them." Judge Scott says further, of Judge 
Reynolds (Illinois History, page 150) : "The judge's later practice brought him 
neither money nor reputation. It would have been better for his legal repu- 
tation had he never undertaken to resume the practice of the law. It made 
known his unfitness for the profession, either on account of a want of natural 
ability for forensic wrangling or the necessary legal learning," and Judge Scott 
adds: "But, after all, traveling with the courts was not unprofitable to Judge 
Reynolds. It was the beginning of a successful political life, and one that was 
crowned with many splendid triumphs: It was the school in which he was 
educated for his later life work." 

Judge Reynolds was, after his retirement from the bench, elected to the 
house of representatives of the general assembly. Governor Reynolds ("My 
Own Times," page 184), says: "I decided, in the legislature of 1828-9, that I 
would present myself for something higher than an office in the general 
assembly, or quit public employment altogether," and at the August election 
in 1830 he was elected governor of Illinois, defeating Rev. William Kinney, who 
was a candidate for the same office. 

He was afterwards elected a member of the house of representatives in 
congress, and was, after the end of his two or three terms in congress, elected 
to the house of representatives of the general assembly of the state, and was 
chosen speaker of the house. 

One characteristic anecdote is told of the governor, while speaker. The 
•house was proceeding under the "previous question" on some measure, and 
there was a dispute as to the right of members to the floor. A member arose, 
and said, "Mr. Speaker, am I entitled to the floor?" the speaker answered: 
"Yes, but you can't say a d — d word." 

The writer first saw Governor Reynolds in 1832. The criminal code in 
force at that time provided whipping as a punishment for larceny ; the maximum 

number of stripes to be inflicted was one hundred. A person named D 

P was convicted of larceny by the circuit court of Madison county, and 

was sentenced to be whipped thirty-nine lashes. I witnessed the punishment, 
and the governor did also, and said he "had come over to see the whipping." 
He stood by, and witnessed the whipping, and after thirty-eight lashes had been 
administered said, "I forgive him one: that's enough." I have been told that 
the person I have alluded to was the last one "whipped for stealing" in the 
state. 

In 1827, by an act of the legislature, commissioners were appointed to 
construct a penitentiary at Alton, and in 1833, the penitentiary being ready 
for the reception of convicts, a criminal code was adopted, subjecting persons 
convicted of larceny committed after the ist of July, 1833, to confinement in 
the penitentiary for not less than one year, nor more than ten. 

Governor Reynolds was suspected in the last years of his life of favoring 
the southern Confederacy. It is reported that among the papers of Jefferson 



20 THE BENCH AND BAR OF H^LINOIS. 

Davis was found a letter from him, advising armed resistance to the authority 
of the United States. During his whole life he was intensely pro-slavery in his 
opinions. He died May 8, 1865. 

William P. Foster also was elected one of the associate justices of the 
supreme court by the legislature. His commission bears date October 9, 1818. 
Ford says (History of Illinois, page 29) : "Foster, who was elected one of the 
judges, was almost a total stranger in the country. He was a great rascal, but 
no one knew it then, he having been a citizen of the state only for about three 
weeks before he was elected. He was no lawyer, never having either studied 
or practiced law.'' He resigned within a year, **but took care to pocket his 
salary." 

The late John Moses, in speaking of Foster, says (Illinois — Historical and 
Statistical, page 293) : "The career of Foster affords a striking illustration of the 
possible success of a polished but unscrupulous adventurer, in a new country. 
An entire stranger in the territory, a lawyer by neither profession nor practice, 
in a few weeks, through his plausible address and skillful manipulation 0$ 
credulous members, he succeeded in capturing one of the highest judicial offices 
in the gift of the legislature. He never took his seat upon the bench, and after 
drawing a year's salary for services not rendered, he left the state. His 
subsequent career was that of an accomplished swindler who traveled from city 
to city, numbering his victims by the score." 

The successor of Foster on the supreme bench was William Wilson, who 
will have a place in the next chapter, which will be devoted to the courts as 
reorganized in 1825. 



CHAPTER IV. 

THE SUPREME COURT— 1825- NOTABLE CASES. 

THE term of office for the chief justice and associate justices of* the supreme 
court, as fixed by the constitution of 1818, was limited **until the end of 
the first session of the general assembly which shall be begun and held 
after the 1st day of January, 1824." 

At that session the following named judges were elected, the tenure of 
whose office is "during good behavior," and whose commissions bear date 
"January 19, 1825": William Wilson, chief justice; Thomas C. Browne, Samuel 
D. Lockwood and Theophilus W. Smith, associate justices. 

We have before mentioned Thomas C. Browne, who was re-elected one 
of the associate justices, but have not described William Wilson, who was 
appointed to succeed William P. Foster (of whom something has been said), 
resigned. Judge Wilson was elected chief justice of the supreme court when 
less than twenty-nine years of age, and held that office until December 4, 1848. 
Both Chief Justice Thomas Reynolds and Associate Justice John Reynolds were 
candidates for re-election to the positions they had before held, but were 
defeated, much to their disappointment. On the first ballot Judge Wilson 
received thirty-five votes in the joint session, and Chief Justice Thomas Reynolds 
nineteen votes. Undoubtedly the defeat of Chief Justice Thomas Reynolds 
was the result of his support of "the convention." He was a good lawyer, and 
his subsequent history is detailed in a former chapter. 

"William Wilson, at the time of his elevation to the high and honorable 
position of chief justice of Illinois, w^as but twenty-nine years old, and had been 
already on the supreme bench as associate justice. He was born in Loudon 
county, Virginia, in 1795. When quite young his father died, leaving his 
widow with two sons and an embarrassed estate. At an early age his mother 
obtained for him a situation in a store, but the young man discovered no aptitude 
for the business of merchandising, and, young as he was, developed an unusual 
greed for books, reading every one attainable, to the almost total neglect of his 
duties in the store. At the age of eighteen he was placed in a law office, under 
the tuition of the Hon. John Cook, who ranked high as a lawyer at the bar of 
Virginia and' who also served his country with honor and distinction abroad, as 
minister to the court of France. 

"In 1817 young Wilson came to Illinois to look for a home, and such was 
his personal bearing and prepossessing appearance that one year later, at the 
inauguration of the state government, his name was brought before the legisla- 
ture for associate supreme judge, and he came within six votes of an election. 

Within a year, as we have seen, he was chosen in the place of Foster. 

21 



22 THE BENCH AND BAR OF ILLINOIS. 

"For five years he served the people so acceptably upon the bench as to 
be at this time chosen to the first position by a large majority over the former 
chief justice, Reynolds. This was the more a mark of approbation in view of 
the fact that Judge Wilson was totally devoid of, and never in his life could 
wield, any of the arts of the politician or party schemer; as regards political 
intrigue he was as innocent as a child. He was singularly pure in all of his 
convictions of duty, and in his long public career of nearly thirty years as a 
supreme judge of Illinois he commanded the full respect, confidence and esteem 
of the people by reason of the probity of his official acts, and his uprightness as 
a citizen and a man. 

**His education was such as he had acquired by diligent reading and self- 
culture. As a writer his diction was pure, clear and elegant, as may be seen by 
reference to his published opinions in the supreme court. * * * His 
official career was terminated with the going into effect of the new constitution, 
December 4, 1848, when he retired to private Hfe. He died at his home in the 
ripeness of age and the consciousness of a life well spent, April 29, 1857." ^^ 
have followed Davidson and Stuve, the latter being a relative of Judge Wilson 
(History of Illinois, pages 329-330). 

Judge Scott speaks quite as kindly and respectfully of Chief Justice Wilson 
(Illinois History, page 39) : "He was a judge, and nothing else : in no sense was 
he a politician. During his incumbency of his high office of chief justice he 
seems to have discharged his duties with such faithfulness and ability as to 
secure public approval. It is evident he must have been a man of learning and 
ability, and of the highest personal character, otherwise he could not have had 
and retained through his entire term of service as chief justice the confidence 
of his associates." 

Chief Justice Wilson was held in high regard by his cotemporaries, and 
even now his opinions are admired for their clearness and precision of expres- 
si<5n. His opinions are to be found in Illinois Reports. 

We have noticed whatever is remembered of the life and services of 
Associate Justice Thomas C. Browne, and we now turn to a much more 
agreeable subject. 

Samuel Drake Lockwood, one of the associate justices of the supreme court 
of Illinois, was born in Poundridge, W^estchester county. New York, on the 
2d day of August, 1789, and was the son of Joseph Lock\\'bod and Mary Drake, 
who were married October 9, 1788. He spent a few months at a private school 
in New Jersey, where he acquired some knowledge of arithmetic and a little 
of Latin. In August, 1803, he entered the office of his mother's brother, Francis 
Drake, a lawyer of Waterford, New York, and remained there until February, 
181 1, when he was admitted to the bar and opened an office in Batavia, New 
York. In January, 1812, he removed to Sempronius, where he was appointed 
justice of the peace and master in chancery, and in November, 181 3, again 
removed to Auburn, New York, where he was in May, 181 5. 

After providing himself with letters from E. T. Throop, then a member of 
congress, and afterward governor of New York, and others, addressed to General 



THE BENCH AND BAR OF ILLINOIS. 23 

William H. Harrison and Colonel Benjamin Stevenson, then in Illinois, he 
came to Illinois by way of Shawneetown, reaching Kaskaskia on the 26th day 
of December, 1818. He remained in Kaskaskia about one year and then 
removed to Carmi, in White county. In January, 1821, he visited Vandalia, 
which in the meantime had become the seat of the state government, and was 
elected attorney general by the legislature, being commissioned on the 6th day 
of February, 1821. 

He resigned the office of attorney general on the 22d day of December, 1822, 
and by Governor Coles was appointed secretary of state. Later, in 1823, he 
was appointed "Receiver of Public Money" in the land-office at Edwardsville, 
and on the 19th day of January, 1825, he received his commission as associate 
justice of the supreme court, having been previously elected to that office by 
the legislature in joint session. 

Judge Lockwood held the position of associate justice of the supreme court 
from the 19th day of January, 1825, until the 4th day of December, 1848, hav- 
ing in the meantime represented Morgan county in the constitutional conven- 
tion of 1847. 

 

The legislature of Illinois, at the session of 1824-5, instructed the justices 
of the supreme court to prepare a revision of the state laws, to be reported to 
the next session of the general assembly. The statutes at that time were not 
quite as much confused as Governor Ford represents them to have been. He 
says, speaking of the code of laws : "It was so crude and contradictory that 
no one could tell what it did, or did not mean, but all agreed that a revision of 
the statutes was a necessity." The judges undertook the work, and most of 
the labor was done by Judge Lockwood. Lockwood prepared the criminal 
code, and, though whipping and other cruel punishments were retained, it is 
apt in its definitions of crimes and misdemeanors, and is still in a large measure 
the law of the state. 

It is a model of clearness and precision, and fully justifies all that is claimed 
for it. Judge Craig said, in his oration on the occasion of laying the corner- 
stone of the court-house of Knox county: *'Our criminal code, with but few 
amendments, has been in existence since the revision of our laws in 1827. It 
was drafted, as I have been informed, by Judge Lockwood, one of the ablest 
judges our state has ever produced. We had a constitutional convention in 
1847, ^^^ again in 1870, to form an organic law for the state; each of these 
bodies prepared a constitution which was adopted by the people. Again since 
1870 the legislature has revised our statutes, but while the statutes on various 
subjects were changed the criminal code was found to need but few amendments, 
and hence was left substantially as originally prepared." 

The alteration in the criminal code prepared by Judge Lockwood has 
relation to the methods of punishment rather than to the definitions of crime, 
which are still retained in the subsequent revisions of the statutes. 

Theophilus W. Smith, the third of the associate justices elected at the 
session of the legislature 1824-5, was born in the city of New York on the 28th 
day of September, 1784, and came to Illinois in 1816. His name appears on 



24 THE BENCH AND BAR OF ILLINOIS, 

the rolls of the attorneys in 1817. Judge Smith was a man of talent, a good 
lawyer, and exceedingly ambitious of political preferment. He was arbitrary 
and exacting; he was impeached in 1833 and escaped conviction by a very narrow 
margin. 

Governor Ford says of him, (History of Illinois, page 220) : "J^^ge Smith 
(I regret to say it of a man who is no more) was an active, bustling, ambitious 
and turbulent member of the Democratic party. He had for a long time aimed 
to be elected to the United States senate ; his devices and intrigue to this end 
had been innumerable. In fact he never lacked a plot to advance himself or to 
blow up others. He was a laborious and ingenious schemer in politics." 

The impeachment of Judge Smith commenced on the 9th day of January and 
continued from day to day until February 7, 1833. Perhaps nothing is more 
significant of the character of the accused than the fact, stated by Davidson 
and Stuve, (History of Illinois, page 368) that 'Tending the trial, the de- 
fendant after each adjournment had the desks of senators carefully searched for 
scraps of paper containing scribblings concerning their status upon the respective 
charges. Being thus advised, the counsel enjoyed peculiar advantages in the 
management of the defense." 

A proposition was then made to remove the Judge by an address to the 
governor. It passed the house, but failed in the senate, the constitution re- 
quiring two-thirds of each house. The fifth article charged him with arbitrarily 
suspending John S. Greathouse, a lawyer, from practice, for advising his client 
to take a change of venue to a county where his Honor did not preside, and the 
sixth article was for tyrannically commanding to jail, in Montgomery county, a 
Quaker who entertained conscientious scruples about removing his hat "in 
court." 

He resigned his seat December 26, 1842, and died May 6, 1846. Judge 
Theophilus W. Smith lived a turbulent life; he resided for many years in 
Edwardsville. Judge Smith was succeeded by Judge Richard M. Young. 

Having given sketches of the chief justice and the associate justices of the 
supreme court as reorganized in 1824-5, it but remains that we tell what that 
court did to reform and give construction to the obscure statutes in force during 
the existence of the court. 

The chief and associate justices, William Wilson, Thomas C. Bro\^'ne, 
Samuel D. Lockwood, and Theophilus W. Smith, held the June term, 1825. But 
five cases were decided at that time, and none were of importance. Justice 
Smith delivered the opinion of the court in three of the cases, and Justice Lock- 
wood in two. At the December term, 1825, the first case decided was that of 
Joseph Cornelius versus Robert Wash ; appeal from St. Clair. This case is of no 
other interest to the legal profession, than that it decides where an attorney at 
law is employed under a contract like this : 

,,__„ _ , , , T^ "Belleville, Nov. 19, 1819. 

whereas, I have employed R. Wash in the suit instituted by George, a black man, 
aj^ainst Robert Whiteside and F. Bradshaw. for the recovery of his freedom, I hereby 
oblige myself to pay to said R. Wash or order the further sum of fifty dollars. 

"As witness my hand and seal 

"JOSEPH CORNELIUS. [Seal.]" 



THE BENCH AND BAR OF ILLINOIS. 25 

"He cannot delegate the duty of representing his client to another. The 
court held that the contract was intended to secure the personal services of 
the lawyer." (Breese's Reports, 63.) 

The second case decided at the December term of the supreme court was 
that of The People, on the relation of William L. D. Ewing, against George 
Forquer, secretary of state, which is reported in Breese's Reports, 68. 

The facts in this case involve one of the most important questions which can 
arise under a constitutional government. Edward Coles and Adolphus F. Hub- 
bard were severally elected to the office of governor and lieutenant governor at 
the state election of 1822. The constitution of 181 8, which was still in force, 
provided that "the executive power of this state shall be vested in a governor." 
The constitution then provided for the election of a governor. It further pro- 
vides for the election of a lieutenant governor, and the eighteenth section, third 
article, of the constitution provides that "In case of an impeachment of the 
governor, his removal from office, death, refusal to qualify, resignation, or 
absence from the state, the lieutenant governor shall exercise all the powers and 
authority appertaining to the office of governor, until the time pointed out by 
the constitution for the election of a governor to fill such vacancy." 

Governor Coles, on the 22d day of June, 1825, addressed a note to Lieutenant 
Governor Hubbard, in which he said : "You will recollect that I made known to 
you last winter, and again repeated the subject when I saw you in May, that I 
should have occasion to go to the eastward about the middle of July; the obje.ct 
of this letter is to notify you that after the i8th of July I shall be absent, and that 
the duties of the executive will devolve, in pursuance of the constitution, on 
you, as the lieutenant governor of the state, during my absence, which I expect 
wall not be longer than about three months." Upon the notice, and the actual 
absence of the governor from the state. Lieutenant Governor Hubbard entered 
upon the discharge of the duties of the office of governor. 

Lieutenant Governor Hubbard, on the 2d day of November, 1825, claim- 
ing that he continued to be the governor, notwithstanding the return of Governor 
Coles into the state, appointed and commissioned the relator, Ewing, as pay- 
master general, which commission was presented to the secretary of state, with a 
request that he countersign it, and affix the seal of the state to the commission, 
which he refused to do. 

The secretary of state showed for cause why the writ of mandamus should 
not issue : "First. — Because Edward Coles was, on the day of presenting the 
commission to the secretary, and had been from the 3d day of October, 1825, 
and has ever since remained, in the administration of the office of governor of the 
state of Illinois. Second. — ^That it does not appear from the records of his office, 
that said office of paymaster has ever been filled by any previous appointment." 

Justice Lockwood delivered the opinions of the court. The judge said : "It 
was contended on the argument that Governor Coles by absenting himself from 
this state had abdicated and forfeited the office of governor, and could not, on his 
return into the state, resume its functions. 

"But before the court can enter into this question it will be necessary for 



26 THE BENCH AND BAR OF ILLINOIS. 

them to enquire : First — Whether the relator has a right to have the commission 
countersigned and sealed? and, second — If he has such a right, do the laws of 
this state afford him the relief that he asks ? It appears from the answer filed by 
the secretary of state, that the office of paymaster general had never been filled. 

*The court concludes that the lieutenant governor, admitting him to be fully 
clothed with all the functions of governor, had not the constitutional power to 
fill the vacancy in the office of paymaster general." 

In answer to the contention that it was the dutv of the secretarv of state to 
countersign and to affix the seal to all commissions issued by the governor, the 
court said : "By Section 4 of the act defining the duties of the secretary of state it 
is enacted That all commissions required by law to be issued by the governor 
shall be countersigned by the secretary of state.' In this section are to be found 
the duties of the secretary. Had the legislature intended to require the secre- 
tary to countersign every commission that the governor should present to him, 
whether authorized by the law or the constitution, its phraseology would have 
been that the secretary should countersign every commission presented to him by 
the governor. The secretary is however only required to countersign those com- 
missions required to be issued by law — must he not then look into the law to see 
if the commission is required by law?" 

The court said in the opinion : "A question of much importance here arises, 
whether the incumbent of the office of governor can make an appointment in the 
recess of the general assembly, when the vacancy did not occur since the ad- 
journment of that body." 

The answer to this question is only to be found in the true construction of 
the eighth section of the fourth article of our constitution, which reads as follows : 
"When any office, the right of whose appointment is by the constitution vested in 
the general assembly or the goyernor and senate, shall during the recess die, or 
his office by any means become vacant, the governor shall have power to fill such 
vacancy by granting a commission, which shall expire at the end of the next 
session of the general assembly." If any doubts existed as to the meaning of this 
section, references might be had to the practice of the government, "had such 
practice been acquired in, etc., the vacancy must have happened during the 
recess." This view has been accepted as the proper construction of a nearly 
corresponding section of the constitution of the United States. 

The court did decide that the governor had no authority to issue the com- 
mission to Ewing, appointed paymaster general, for the reason stated. That 
the secretary of state might look into the constitution and the law, in order to 
determine whether the commission was lawfully issued or not, and that the 
commission in this instance was not lawfully issued, but did not decide the main 
question, "whether Edward Coles or Adolphus F. Hubbard was the de facto 
governor of Illinois." 

It may be added that nearly all the governors of Illinois have absented them- 
selves from the state at their pleasure, and while the lieutenant governor has 
sometimes exercised the functions of the office of governor, he has ever since 
the adoption of the constitution, with the exception mentioned, yielded to the re- 



THE BENCH AND BAR OF ILLINOIS. 27 

turning governor without objection. Judge Smith, associate justice, delivered a 
separate opinion but concurred with the court in refusing to award the man- 
damus. 

It will be readily concluded by the professional reader that the status of the 
negroes and mulattoes, who came or were brought into Illinois and held as 
slaves, or indentured servants, which was a qualified servitude, excited much of 
the attention of the people, the legislature of the territories, the constitutional 
convention, and the courts. 

There was much opposition to the ordinance of 1787, which prohibited the 
introduction of slavery into the territory northwest of the river Ohio, and 
efforts were made in influential quarters to repeal, or evade the operation of, 
the ordinance. On the 17th of September, 1807, the territorial legislature of 
Indiana, which then included Illinois, passed "an act concerning the introduc- 
tion of negroes and mulattoes into this territory." 

The first section of the act authorized the owners or possessors of slaves to 
bring them into the territory. The second section authorizes the master to go 
with the slave before the clerk, and agree with the slave for the term of years the 
slave shall serve, and the clerk shall make a record of the contract. 

It was a part of the same act, section thirteen, *That children bom in this 
territory of a parent of color, owing service, or labor by indenture, according 
to law, shall serve the master or mistress of such parent, the male until the age 
of thirty, and the female until twenty-eight years of age." The territorial con- 
vention of 1818 had, by the sixth article of the constitution, also confirmed in- 
denture, except upon the impossible condition that such indenture shall be 
executed by the servant while in a state of perfect freedom, on a bona fide con- 
sideration. The whole article (sixth) looks to the support of a qualified system of 
slavery, called by the name of "apprenticeship." 

The case of Cornelius versus Cohen (Breese, 92) "was an action of replevin 
brought in the circuit court of St. Clair county for the recovery of the possession 
of Betsey, a negro girl. Justice Lockwood delivered the opinion of the court. 
The facts of the case are that on the 6th day of October, 1804, a free negro woman 
named Rachel, aged twenty-three, entered into a writing by which she bound 
herself to serve the plaintiff fifteen years. It was admitted on the trial that 
Rachel was the mother of Betsey, who was born in 1805. The court held that 
Betsey could not be held to service under the act of 1807, because Rachel, 
the mother, was at the date of the contract, October 6, 1804, free. Still the sub- 
ject of the status of negroes and mulattoes returned in various forrns to plague 
the courts. 

In the case of Nance, a girl of color, versus Howard, the supreme court, 
per Lockwood, justice, (Breese, 182), held that "registered servants are goods and 
chattels and can be sold on execution." 

The court referred to the territorial statute of 1807, section seven of which 
recites: "And whereas doubts have arisen whether the term of service of 
negroes and mulattoes bound in this territory may be sold on execution, on 
this same day an act was passed subjecting 'bound servants,' with a variety of 



28 THE BENCH AND BAR OF ILLINOIS, 

personal property, to taxation, and by another act *the benefit of the contract of 
service may be assigned by the master with the consent of the servant/ The 
case was decided at the December term, 1828, and the court did not see the 
obvious distinction between an assignment of the contract of service with the con- 
sent of the servant, and a sale of the time of a servant under an execution open 
to all bidders." 

In the case of Fanny, a woman of color, versus Montgomery et al. (opinion 
of the court by Justice Lockwood), which was an action of trespass to try the 
plaintiff's right to freedom (Breese, 188), it was held that **when the defendant 
in an action of trespass, assault and battery and false imprisonment, justifies, 
under a certificate granted by a justice of the peace in pursuance of an act of con- 
gress respecting fugitive slaves from labor, the plea must show that all the facts 
existed at the time of granting the certificate contemplated by the act. The plea 
should also state affirmatively to whom the certificate was given, whether to the 
person claiming the fugitive, or his agent, and if the agent, his name." 

In the case of Phoebe, a woman of color, versus Jay (Breese, 206), it was held 
(opinion by Lockwood, justice), *The act of 1807, respecting the introduction of 
negroes and mulattoes into the territory, is void, as being infringement to the 
sixth article of the ordinance of 1787, but indentures executed under that law are 
made valid by the third section of the sixth article of the constitution of this 
state. A constitution can do what a legislature cannot, as it is the supreme, fixed 
and permanent will of the people in their original, sovereign and unlimited 
capacity, and in it are determined the condition, rights, and duties of every 
individual of the community; from its decrees there can be no appeal, for it 
emanates from the highest source of power. An act of the legislature is different, 
and if it contravenes the constitution, no repetition of it can render it valid." 

The court after some sophistical reasoning as to the effect of a repeal of the 
ordinance of 1787, by common consent, and as to the effect of the statute of limi- 
tation as it affects the burden of proof, concludes that the plea of the defendants 
who claimed the services of the plaintiff was faulty and the judgment was 
reversed, for defect in the plea. "It did not show whether the defendant claims 
the plaintiff in his character as heir, or administrator. On the ground that the 
plea is too uncertain as to the character in which the defendant claims the 
service of plaintiffs, and upon the further ground that in neither capacity can 
the defendant claim her services, the judgment should be reversed." 

The court seems to have held : First, that if the defendant claimed that the 
plaintiff owed him service as administrator, one had no right to insist that the 
plaintiff "should attend to the ordinary business of him, the defendant, as his 
authority was only to keep the custody of plaintiff until her time of service could 
be sold." 

It was a refinement which could only be justified by an anxiety to give effect 
to the constitution, which forbids involuntary servitude in this state. It is w^ell 
settled that an administrator may plead in replevin "property in himself" 
generally. 

The case of Edward Coles versus the county of Madison (Breese, 115), pre- 



Ed WARDED. Bakbk, 



Thomas Ford. 



THE BENCH AND BAR OF ILLINOIS, 29 

sents another illustration of the deep-seated prejudice against negroes which 
existed in the popular mind in early times. Governor Coles, who took such a 
conspicuous part in opposition to the introduction of slavery into Illinois, brought 
into Madison county from Virginia a number of slaves, and after providing them 
with homes, "set them at liberty," as was charged in the declaration, without giv- 
ing bond, as was required by an act of the legislature of 1819. 

A verdict was found against Coles at the September term (1824) of the 
Madison circuit court, but no judgment was rendered upon the verdict until 
September, 1825, the case having been continued until that time, pending a 
motion for a new trial which was taken under advisement. 

In January, 1825, the legislature passed an act releasing all penalty incurred 
under the act of 1819, under which Coles was prosecuted. Coles pleaded this 
act puis darrein continuance and renewed his motion for a new trial, but the 
court (McRoberts, judge,) overruled the motion and rejected the plea. Chief 
Justice Wilson delivered the opinion of the court, and the court held that *'the 
legislature was competent to release the penalty provided by the act of 1819, after 
suit brought and before judgment rendered." It held that the act releasing the 
penalty was not an ex post facto law, or a law impairing the obligation of con- 
tracts, and further held, that the act of the legislature might be pleaded puis 
darrein continuance, in bar of the suit. 

Another case of great interest-, one giving construction to the constitu- 
tion of the state, was decided by the supreme court at the December term, 1839. 
It was the case of Alexander P. Field versus the People, on the relation of John 
A. McClemand (reported Second Scammon, 79). The case was argued by 
eminent counsel for both parties. Cyrus Walker, Justin Butterfield, Levi Davis 
and Mr. Field for himself, for the appellant; and J. B. Thomas, Jr., Stephen A. 
Douglas, James Shields and John A. McClernand for himself, and Attorney 
General Kitchell, for the appellees. It was an information in the nature of a quo 
warranto filed by John A. McClernand against Alexander P. Field "to know by 
what authority he holds and exercises the office of secretary of state of the state 
of Illinois." The facts of the case in brief are that Field was legally appointed 
secretary of state in 1829, and had continued to exercise the duties of said office 
ever since. On the first Monday of August, 1838, Thomas Carlin was elected 
governor of the state of Illinois, and on the ist day of April, 1839, by virtue of 
his authority as governor, he appointed John A. McClernand secretary of state. 
Wilson, chief justice, delivered the opinion of the court, and stated the 
question to be : Whether Field or McClernand was entitled to the office of secre- 
tary of state. The court held in substance: First, that under the constitution 
of the state of Illinois the appointing power has not the power of removal from 
office. Second, the governor has not the power at his will and pleasure to re- 
move the secretary of state when he is once appointed ; the power of appointment 
is suspended until a vacancy occurs. Third, when the constitution creates an 
office, and leaves the tenure undefined and unlimited, the officer holds during 
good behavior, and until the legislature by law limits the tenure to a term of years 
or authorizes and confers upon some functionary of the government the power 



30 THE BENCH AND BAR OF ILLINOIS. 

to remove the officer at will or for good cause. This power the legislature has 
an undoubted right to confer. Fourth, the office of secretary of state is created 
by the constitution of the state of Illinois, without any limit to its duration; it 
consequently remains so until the legislature provides one. 

This was regarded at the time as a political decision, and Judge Smith de- 
livered a dissenting opinion, which sustained the view of the governor. Field 
and McClernand were active politicians, and the case produced great excite- 
ment in political circles. 

The writer of this came to Springfield in December, 1839, ^^on after the 
opinions were delivered, and states the impression made upon his mind at the 
time. 

The legislature was then in session in Springfield, and the city was filled 
with strangers, including most of the leading public men of the state. I here 
saw, for the first time, Lincoln, Baker, Calhoun, Field, Browning and others 
W'ho were the leaders of that day. 

In the evening after my arrival in Springfield, I attended the public meeting 
held in the Second Presbyterian meeting-house, which was then used by the 
house of representatives, and listened to speeches from Alexander P. Field, John 
Calhoun (then of Springfield), O. H. Browning and Stephen A. Douglas. 
Field's speech was an eloquent and most bitter arraignment of Tneophilus W. 
Smith, one of the judges of the supreme court. Judge Smith had held, in opposi- 
tion to the other members of the court, that the secretary of state was subject to 
removal by the governor. Field was secretary of state, and possessed a re- 
markable capacity for invective, which he used unsparingly. 

Calhoun defended the judge with great dignity and force. Browning took 
sides with Field and delivered a most eloquent and attractive argument, and he 
was followed by Douglas, with characteristic ability. Discussions of this char- 
acter were kept up night after night, by Lincoln, McClernand and Isaac P. 
Walker, then a member of the legislature from Vermillion county and afterward 
a senator from Wisconsin. 

**There were giants in those days." None of these great leaders, except 
McClernand, are now living. Field died in New Orleans, Walker in Wisconsin, 
Calhoun in Kansas, Brow^ning and Douglas are dead, and the circumstances of 
Lincoln's tragic death are well known. 

Governor Ford, in commenting upon this decision, says : "Alexander P. 
Field was the old secretary ; he had been appointed by Governor Edwards ten 
years before, and had been continued in office by both Reynolds and Duncan, 
without any new appointment. He was a Whig, and Governor Carlin was a 
Democrat ; and as the secretary of state is not only a public officer, but a sort of 
confidential helper and adviser of the governor, Governor Carlin claimed the 
right of selecting this officer himself, and from his own party. The governor 
nominated to the senate, i\Ir. McClernand, of Gallatin county. The Whigs of the 
senate, and some Democrats — enough to constitute a majority — decided that the 
tenure of the office ought to be defined and limited by the legislature, but that 
until they did so the secretary could not be removed and a new one appointed. 



THE BENCH AND BAR OF ILLINOIS. 31 

The governor and his friends contended that he had the power of removal 
and appointment at all times, to be exercised at his discretion. The governor 
made five or six nominations, all of which were rejected by the senate. After 
the legislature adjourned the governor again appointed Mr. McClemand, who 
demanded the office of Mr. Field and was refused. Mr. McClernand then sued 
out his writ, to try his right to the office. The question was taken to the supreme 
court, and was decided against him by Wilson and Lockwood, Judge Smith 
dissenting. Judge Browne gave no opinion, on account of his relationship to Mr. 

McClemand. 

This, at the time, was supposed to be a great question ; the ablest counsel 
of the state were employed and the decision of the judges is elaborated to such 
a degree as to show their opinion of its consequence. The decision raised a great 
flame, and the Democrats contended that the odious doctrine of life offices had 
been established by it. 

The case of Spraggins versus Houghton, which was before the court at the 
June term, 1840, in which the right of aliens to vote after six months' residence 
in the state was involved, produced still greater excitement than did the con- 
troversy between Field and McClernand. 

The constitution provided "that all free white male inhabitants over the age 
of twenty-one years, who have resided in the state for six months shall be 
entitled to vote at all general and special elections." The alien vote at the time 
was estimated at ten thousand, "nine-tenths of which was Democratic." It was 
believed that the Whig judges would decide with their party, and that belief led 
to a reorganization of the supreme court. It is apparent from the opinion of the 
court, delivered by Justice Smith, that the court believed it to be a fictitious case. 
Judge Smith was, as said by Governor Ford, "an active, bustling, ambitious, 
and turbulent member of the Democratic party." 

The act of February 10, 1841, by which the judiciary was reorganized, 
the circuit judges legislated out of office, and the number of the judges of the 
supreme court increased to nine, was the direct result of the anticipated decision 
in Spraggins versus Houghton. 

It is too late now to speak in condemnation of the act of February 10, 1841, 
for it brought into the public service such eminent judges as Thomas Ford, 
Sidney Breese, Walter B. Scates, Samuel H. Treat and Stephen A. Douglas, who 
were elected associate justices by the legislature on the 15th day of February, 
1841. 

In 1846, the writer attended the election in Macoupin county, where the 
judges of election took a much more liberal view of the constitution, which re- 
quired six months' residence in the state as a condition of the right of suffrage. 
A voter, when the elections were held in August, had come into the state some 
time in the month of April. The judges of election decided that as he had not 
been in the state six months he could not vote, but one of the judges bethought 
himself of an inquiry, "Whether he had had the chills or not?" He said he had, 
"and would have another in the afternoon, and wanted to get home." The judge 
said : "Let him vote ; having the chills is equal to six months' residence." 



CHAPTER V. 

THE SUPREME COURT— 1841. 

IT MONG those added to the supreme court by the reorganizing act of 
lY February lo, 1841, was Thomas Ford, who was afterward the governor 
-* ^ of the state. 

He was born in, or near. Uniontown, Pennsylvania, in 1800, and was brought 
into Illinois about the year 1804, by his mother, who settled in Monroe county. 
Governor Reynolds says (Pioneer History, p. 375): "Ford, being younger, had 
a better opportunity than his half-brother, P'orquer, to obtain an education. He 
might be considered as having received a good common-school education, for 
the wilderness state of the country, forty years since, in Illinois. In his youth 
his mind was developing itself so that he gave great promise of his future success ; 
at school he was ardently attached to the science of mathematics. Daniel P. 
Cook became acquainted with Ford, saw that he possessed a vigorous and 
strong mind, and was his sincere and efficient patron ever after. Cook pro- 
vided and made the arrangements for Ford to study law. Forquer, his half- 
brother, considered Ford's education defective, and sent him to Lexington, 
Kentucky, to improve it. He was compelled on many occasions while reading 
law to stop and teach school for support. 

"In 1829 Governor Edwards appointed him the prosecuting attorney for a 
judicial district. In 1831 Governor Reynolds reappointed him prosecuting at- 
torney. In 183s he was elected by the legislature a circuit judge, and in 1841 he 
was elected an associate justice of the supreme court. In 1842 he was elected 
by the people to be the governor of the state of Illinois." 

Still following Governor Reynolds (Pioneer History, page 376) : "Governor 
Ford possessed many of the high and noble traits of character that constitute an 
eminent man. * * * The mind and character of Governor Ford qualified 
him for a judge better than for any other station. He was frank, open and 
firm on the bench, and at the same time learned and competent in the expo- 
sition of the law. He was a good and sound lawyer, but not the advocate some 
others were at the bar. His honesty and warm, friendly attachment to friends 
when he was governor enabled the cunning and shrewd hangers-on at the seat of 
government to mislead him at times. * * * With these talents he made a 
good writer, and has written the History of Illinois, which is not yet published. 
Those having the manuscript say the history will be valuable for its information 
and add credit to its author." 

After the close of his gubernatorial office he resided in Peoria and practiced 
his profession. He died there November 2, 1850, sincerely regretted by the 
public. There is no doubt but that the friends of Governor Ford made a mistake 

32 



THE BENCH AND BAR OF ILLINOIS. 33 

in advising him to leave the bench and accept the office of governor. He was 
eminently fitted for the judicial place, but totally unfit for the political office. 
There.is not much in his history which enables one to determine his merits as a 
judge. His History of Illinois, to which Governor Reynolds makes an allusion, 
was written with the greatest frankness, and is no doubt accurate in its facts, but 
bitter in its criticisms of public men. 

Sidney Breese, the first reporter of the decisions of the supreme court of 
Illinois, was born (so it is said) in Oneida county. New York, on the 15th day 
of July, 1800. At eighteen years of age he was graduated at Union College, 
in a class of sixty-four, among whom were Bishops Alonzo Potter and George W. 
Doane, and United States Senators A. S. Porter and James A. Bayard. 

He came to Illinois, and in December, 1818, reached Kaskaskia, where he 
remained, on the invitation of Elias Kent Kane, in whose office he studied law. 
He was admitted to the bar in 1820. He married Eliza, daughter of William 
^lorrison, a merchant of Kaskaskia. 

His volume of reports was published in November, 1831, and he was elected 
by the legislature to be a circuit judge on the 19th day of January, 1835. He 
remained upon the circuit bench until after his election to be one of the associate 
justices of the supreme court, w^hich occurred on the 15th day of February, 1841, 
under the act reorganizing the supreme court, which was finally passed over 
the bill of the council of revision on the loth of February, 1841. 

Judge John M. Scott, who writes appreciatively of Judge Breese (Illinois 
History, page 329), tells the story of his life: "He was admitted to the bar 
when he was only twenty years of age, and from that time, for a period of nearly 
three score years, he w-as prominent in both the legal and political history of the 
state. Writing his biography would be the history of the state during his 
active life. * * * A few- of his cotemporaries are still living, and they 
most like to remember him as be appeared to them when he w'as at his greatest 
strength, after the full development of his physical and mental powers." 

The writer remembers Sidney Breese as he appeared in 1834 addressing a 
jury in Madison county, and was impressed by the clearness and precision of his 
statement of the facts of the case on trial, and with the force of his argument 
based upon the facts. He again met Judge Breese in January, 1840, when he 
(the writer) appeared in the circuit court of Madison county and was assigned 
by the court to the defense of one of the parties indicted, of which he has given 
an account in the sketch of Governor John Reynolds. 

He again met Judge Breese in Greenville, in Bond county, and at Vandalia, 
in Fayette county, when the court assigned U. F. Linder and the writer to 
defend a poor fellow who was indicted for chicken-stealing. Linder, on a motion 
to quash the indictment which charged the value of the chickens to be fifty cents, 
gave his free rendering to the maxim, De minimis non curat lex, as *The law 
don't care for a few chickens." The judge held that the translation of the maxim 
was a forced one, but, after all, Linder acquitted our client by a speech which 
combined wit and fun and raillery of the prosecution and the prosecuting wit- 
nesses. Usher F. Linder was the most remarkable man I have ever met. 
3 



34 THE BENCH AND BAR OF ILLINOIS. 

He combined all the qualities of a great man and great lawyer, except plain, 
common "horse sense." He lived, as he died, without any real friends, and 
without any property. He was the author of the definition of a bigoted man, as 
"one man having more sense than one man ought to have, and not enough for 
two/' 

Judge Scott says (Illinois History, page 337) : "Judge Breese was eminent 
in the political as well as the judicial history of the state. It is not generally 
understood, but it is a fact, that he had much more liking for politics than for 
the law ; his political career was short, but it was brilliant, and abounded in re- 
sults that come only from the highest statesmanship. It is more than probable 
that if opportunity had offered itself to gratify his political aspirations he would 
at any time have given up his judicial office for that to him more agreeable, — 
the field of politics. His ambition led him to hope for high positions, even in 
national politics, and nothing gave him more pleasure than to see his name 
mentioned in the public press for a high office." "Know thyself" is one of the 
wisest of all the proverbial maxims. 

Judge Breese looked the judge while on the bench. He was industrious, 
prompt, energetic, and patient; he knew the law, and applied it to the cases 
before him. He was a profound judge, but lacked the elements of a successful 
politician. His diction was stately and accurate, and his opinions, when read, 
will be found to be energetic, forceful and expressed in the best words of the 
English language. 

He remained upon the bench of the supreme court until his election to 
the senate, on the 19th day of December, 1842, when he resigned. He was de- 
feated for re-election as senator by General James Shields, at the session of the 
legislature held in 1848, and was returned to the bench at the election held in the 
third grand division, on the 3d day of November, 1857, and remained upon the 
bench until his death, which occurred June 27, 1878. 

Judge Scott says : "No one did more to perfect our judicial system. He 
came into the court when our jurisprudence was not yet matured into a perfect 
system. It is difficult to estimate the character of Judge Sidney Breese. He 
had the reputation of possessing extensive material relating to the history of 
the state of Illinois and the Northwestern territory. The committee on the ju- 
diciary in the constitutional convention of 1870 submitted to the then governor a 
plan for the reorganization of the supreme court. It was that six judges should 
be elected by the people in districts, and the chief justice be appointed by the 
governor and confirmed by the senate. The committee submitted the scheme 
to the governor ; he told them at once that if it was adopted Breese would be the 
chief justice. The governor called upon Breese a few days afterward and told 
him of the plan for the reorganization of the court, and also remarked 'My object 
is to afford you leisure to use the materials you have toward the history of 
Illinois and the Northwest.' Breese replied, 'While I am a judge, I will be 
every inch a judge.' The scheme was abandoned at once." 

Samuel Hubbel Treat was born in Otsego county. New York, on the 21st 
day of June, 181 1. He was admitted to the bar of his native state, and came to 



SAMUEL H. TREAT. 



THE BENCH AND BAR OF ILLINOIS. 35 

Illinois in 1834, settling in Springfield, where he resided until his death, which 
occurred on the 27th day of March, 1887. 

He was appointed to be a circuit judge (to fill a vacancy), on the 27th day of 
May, 1839. by the governor, and was elected by the legislature January 31, 1840. 
On the 13th day of February, 1841, he was elected by the legislature to be one 
of the associate justices of the supreme court, which office he held until the 23d 
of March, 1855, when he resigned, in order to accept the position of judge of the 
district court of the United States for the southern district of Illinois, which last 
mentioned place he held until his death, as before stated, March 27 , 1887. 

The writer and Judge Allen, his successor, appeared before Judge Treat in 
the last case he heard. Before the case was concluded his countenance indicated 
that he was seriously ill. It was proposed by one of the counsel that, as the 
Judge was manifestly suffering, the further hearing of the case be postponed. 
He acceded to the proposition with manifest reluctance. He never appeared in 
court again. He died a few days afterward. Judge Treat was an able lawyer, 
and excelled in his appreciation of facts. It was said of him that he could be 
depended upon to try issues of fact better than the most intelligent jury. He de- 
voted himself exclusively to his judicial duties, neglected his private business, 
which was found, after his death, to be in great confusion. He was a most rigid 
Episcopalian, and it was said of him that he had never entered a church of any 
other denomination, except upon public occasions when his presence was 
necessary. 

In i860, after the nomination of Mr. Lincoln for the presidency, a suit was 
instituted by Hon. David J. Baker, the elder, against the faculty of Shurtleff 
College. Mr. Lincoln appeared for the plaintiff, and the writer for the de- 
fendants. A demurrer was interposed to the declaration. Judge Treat pro- 
posed to Mr. Lincoln to take care of his side of the case ; the writer argued for 
the defendants. Judge Treat sustained it, and the declaration was never 
amended. This was the last case in which Mr. Lincoln ever appeared in court. 

Judge Treat was honest, and prompt in his decisions, and gave general satis- 
faction to the bar and to the public. His opinions were brief and clear. He 
was one of the co-editors of Treat, Scates and Blackwell's Statutes, which work, 
however, never attained much popularity. 

Walter Bennett Scates, formerly chief justice of the state of Illinois, de- 
parted this life at his home in Evanston, on the 26th of October, 1886, at the age 
of seventy-nine years. Being admitted to the bar of the state in 1833, he became 
attorney general on the i8th of January, 1836, and was circuit judge of the third 
circuit on the 26th of December of that year, being at the time of his death the 
oldest judge by date of commission. In February, 1841, he became one of the 
supreme judges, which position he occupied until January 11, 1847, when he 
resigned. He was a leading member of the constitutional convention of 1848, 
and was again a supreme judge from July 4, 1853, until 1857, when he again 
resigned. He was made chief justice in 1855, and continued to fill that most 
high and responsible office until his retirement from the bench. 

From a strict sense of duty and responsibility to his country, he served dur- 



36 THE BENCH AND BAR OF ILLINOIS. 

ing the war for the Union. In 1862 Judge Scates was commissioned major on 
the staff of General John A. McClemand, and before the close of the war became 
assistant adjutant general. When he was mustered out of the service, in 1866, 
he was brevetted brigadier general of volunteers. He was tendered but declined 
the position of governor of New Mexico to which President Lincoln would have 
appointed him, and was collector of the port and depositary of moneys for 
\^hicago from 1866 to 1869. 

In 1857 Judge Scates was one of the three compilers of our statutes. In a 
succeeding chapter, pertaining to compilation and revisions of the laws of the 
state, certain reference is made to Judge Scates' efforts in the connection. 
During the time when he was not engaged in the public service he was an active 
practitioner at the bar. Few men of our state have been more intimately con- 
nected with our politics and jurisprudence. No worker in those fields was more 
laborious, faithful or painstaking ; nor did any of his honored colleagues achieve 
greater respect among his fellows or more public appreciation than Judge 
Scates. 

Always honored by the people when he appealed to their suffrages, he filled 
all public stations to which the popular vote called him with ability, credit and a 
deep sense of responsibility, and in the ordinary criticism of his public acts, which 
an aggressive and uncompromising nature naturally invoked, his ability, purity 
of character and integrity of purpose were conceded as a matter of course. His 
contemporary, Judge Treat, said : '*Judge Scates was as honest and con- 
scientious a man as I have ever known." His decisions always have been and 
still are extolled by good lawyers. They are entitled to greater than per- 
functory praise: they are direct and trenchant, never attempting to evade the 
responsibility of manfully meeting and deciding the matter at issue, however 
disagreeable or difficult, and when authorities existed, sustained copiously there- 
by. In laborious research, while on the bench, Judge Scates was excelled by no 
judge in Illinois, as his decisions abundantly show ; while in the masterly vigor 
of thought, and a broad comprehension of the entire case in hand and its neces- 
sities, he had no superior among his contemporaries. 

He was as plain and unassuming in the later and more polished era as in the 
primitive days, and he was altogether unassimilated to the superficial methods of 
modern times. He had no vulgar ambition for distinction, much less for display, 
and no envy or jealousy of his fellows ; he had no craft, sagacity or policy in his 
politics, and his achievements and posts of honor were the rewards of merit and 
not of importunity. Judge Scates was a faithful type of the class of judges who 
sat in the highest courts of New York, Georgia, Kentucky and other leading 
states in the early days, and applied and adapted the common law of England to 
our new political conditions. In his day there were not so many cases or au- 
thorities as now, but the labors of the consultation-room, from a dearth of author- 
ities, were more onerous, and logic was the main reliance of the review judge 
then, as precedent is now. 

After a laborious life of half a century, largely spent in the public service, 
during which Illinois expanded from a feeble, indigent and sparsely settled com- 



THE BENCH AND BAR OF ILLINOIS. 37 

munity, to a populous, rich and powerful state, this honored servant of the 
people laid down his burden as poor in worldly wealth as when he commenced 
his career, but honored by the record and faithful performance of high public 
trust. He was a grand old man, firm as a rock. He served his country in the 
forum, as a judge, as a legislator, as a private soldier and as an officer in two 
wars, commencing his military career as a musician. He performed every 
duty firmly, ably and with an honest purpose. No power could drive him from 
what he thought was right. Had he been influenced by wealth and power he 
might have died worth millions instead of a few thousand dollars. The state 
should not forget the services of such a man. 

Stephen Arnold Douglas was elected associate justice of the supreme court 
of Illinois on the ist day of March, 1841, and resigned on the 28th of June, 1843. 
Mr. Douglas remained upon the bench of the supreme court so short a time that 
he had no opportunity to win judicial distinction, but his opinions were expressed 
in good language, and gave promise of future success as a judge. 

He was born April 23, 181 3, at Brandon, Vermont. His father, who died 
when Stephen was an infant of three months, was a physician. In youth 
Stephen A. Douglas received the ordinary school education of his native state, 
and was an apt and diHgent pupil. At fifteen, unable to gratify an ardent desire 
to prepare for college, he apprenticed himself to a cabinet-maker. He after- 
ward entered an academy at Brandon, and having in the meantime removed to 
Canandaigua, New York, he resumed his academical course and commenced 
the study of law\ 

At the age of twenty he started w^est to seek for a location, and came to the 
village of Winchester, in Scott county, Illinois, in the fall of 1833, and was ad- 
mitted to the bar by the supreme court, which sat at Vandalia. Within a year 
after his admission to the bar he was elected, by the legislature, state's attorney 
for the judicial district in which he resided and he removed to Jacksonville. In 
1836 he w^as elected to the legislature from Morgan county. In 1837 he was 
appointed by Mr. Van Buren register of the land office at Springfield. In 1838 
he was nominated as a candidate for congress, the district then extending across 
the state and including Sangamon, Cook, Adams and Jo Daviess counties, and 
indeed the whole northern part of the state. It was during this canvass that the 
writer became acquainted with Stephen A. Douglas and John T. Stuart, opposing 
candidates for congress, under the following circumstances. I copy from my 
memoirs : 

"In Hancock county I met, for the first time, Stephen A. Douglas. One 
night after Mr. Sands N. Breed (who w^as employed with me) and I had retired 
(we occupied separate beds in the same room), the landlord, Mr. Swope, came 
to our room, accompanied by two gentlemen, who were introduced to us as Mr. 
Stuart and Mr. Douglas, opposing candidates for congress. The landlord 
called us by name, and informed us that we would have to occupy the same bed. 
Douglas then asked our politics, and Mr. Breed told him that he was a Whig, 
and that I was a Democrat. Douglas replied, 'I will sleep with the Democrat, 
and Stuart may sleep with the Whig.' The arrangement suited all parties. I 



38 THE BENCH AND BAR OF ILLINOIS. 

heard Douglas speak the next day and, though. not quite twenty-one years old, 
voted for him on the first Monday in the August following. He had no more 
devoted adherent than myself until we separated, in 1854, over the Nebraska bill." 

The writer kept up his acquaintance with Mr. Douglas until December, 1839, 
when he came to Springfield to obtain admission to the bar. I again copy from 
my memoirs : **I met Mr. Douglas soon after reaching the city and told him 
my business w^as to obtain a license to practice law. He, with that cheerful 
kindness which always characterized him and made him so popular — particularly 
with young men — made my application for admission, had himself and the late 
J. Young Scammon appointed a committee to examine me touching my qualifica- 
tions to practice law. He invited me to his room for examination, where I met 
Mr. Scammon. The committee treated me with great kindness, and made a 
favorable report. Mr. Douglas drew the license, made the motion for my ad- 
mission, and the license was signed by two justices of the supreme court, Lock- 
wood and Browne. I took the prescribed oath and signed the roll, and was 
then a lawyer, lacking nothing but learning, experience, and clients. I had 
money enough to pay my hotel bills before leaving Springfield, and I *took no 
thought for the morrow.' " 

I have said before, that Judge Douglas, both by his conduct on the circuit 
and through the opinions of the supreme court written by him, evinced great 
capacity, and he would, had he not devoted himself to politics, have made an 
eminent judge. He was elected senator, on the 14th of December, 1846, on the 
first ballot. He had already served parts of three terms in the house of repre- 
sentatives. 

Stuve and Davidson's History of Illinois, page 685, says of him : "With the 
advent of this remarkable man, whom we do not hesitate to call great, into the 
United States senate, Illinois took at once high rank in that august body, re- 
dounding not only to her glory, but solid advantages such as no state received 
before, or has since, at the hands of congress. We allude to the procuring of the 
Illinois Central Railroad land grant, a herculean task, in which he received the 
support of his colleague and the entire delegation in the lower house." 

Douglas, though young in years, was directly acknowledged the peer of the 
great statesmen, Webster, Clay and Calhoun, with whom he served in his first 
term. It is exceedingly difficult for one who took part in the great contest be- 
tween Douglas and Lincoln in 1858 to avoid giving his impressions of that great 
struggle which took place between two members of the Illinois bar. They wxre 
natural rivals, socially and politically, and it may be added professionally. 

Abraham Lincoln was born in Hardin county, Kentucky, on the 12th of 
February, i8og. In 181 6 the family settled in Spencer county, Indiana. Two 
years later the mother died, and the father married a second time, and the son 
worked in the neighborhood on farms, and in clearing away the dense forests. 
He received the meagre education which the new country afforded, and his 
boyhood had few advantages of culture. He said in one of his speeches, "I have 
not a fine education ; I am not capable of entering into a disquisition on 'dia- 
lectics / I believe you can." 



THE BENCH AND BAR OF ILLINOIS, 39 

Davidson and Stuve (History of Illinois, page 702) say: "His broad execu- 
tive capacity, so suddenly developed under great trials constituting the sub- 
limest events in our history, his fidelity to the right, and his courage and firmness 
which grew out of that, it may here be said, were not without astonishment to 
those who knew him best in Illinois and who imagined that they constituted all 
that was to be learned of his character. Possibly it was so to himself. The 
great lesson of man, 'Know thyself,' is ever least understood." 

John Dean Caton was born in Monroe, Orange county. New York, March 
19, 1812. His father was three times married and he was one of the four chil- 
dren of the third marriage. Shortly after the birth of Judge Caton his mother 
removed to Oneida county. New York, and there, at the age of nine years, he 
began work as a farm hand, continuing his labors through the summer months, 
while in the winter season he attended the district school of the neighborhood. 
At the age of sixteen he became a student in the academy at Utica, and upon his 
return home a year later began teaching school. He possessed a laudable ambi- 
tion to improve his condition and make the most of his opportunities in life, 
and during the era of school-teaching also took up the study of law and of. civil 
engineering. The former, however, proved more attractive, and he later read 
under the instruction of Beardsley & Matterson, prominent attorneys of Utica. 
He afterward continued his studies in the office of Wheeler & Barnes, of Rome, 
and with James H. Collins, of Vernon. In 1883, attracted by the almost limit- 
less opportunities of the west. Judge Caton started for Michigan, but while travel- 
ing he learned of the little town of Chicago, which as yet had no member of the 
bar. He at length arrived at White Pigeon, Michigan, but he had determined to 
go to the future metropolis of the west, and, on a raft, made his way to St. 
Joseph, whence he came on the vessel, Ariadne, to Chicago, then a town of only 
three hundred inhabitants. On the second day he secured a boarding place in a 
log house just north of Lake street and east of Dearborn street, where he found 
and shook hands with Giles Spring, a lawyer who had reached Chicago just 
five days previously. The two became fast friends, though afterward pitted 
against each other in many cases. 

Mr. Caton looked over the field and at length concluded that perhaps busi- 
ness might be better on the north side of the river. Accordingly he moved to 
the office of Colonel R. I. Hamilton, a log building, partly occupied by the latter's 
family. Both the young lawyers were looking for a good place in which to 
begin business, but neither opened an office until the following December, when 
Dr. John T. Temple erected a small balloon building on South Water street, 
near Franklin. The two young lawyers opened an office together with the agree- 
ment that when one had a client the other should leave the room. Thus was 
established the first law office in Chicago. Mr. Caton prosecuted on the first 
criminal case ever tried in Cook county. The justice of the peace wrote out the 
warrant for arrest on his carpenter bench and then Mr. Caton proceeded to the 
log cabinet-shop of James W. Reed, who was both the only cabinet-maker and 
the only constable in the town. Then began the search for the accused man, who 
had stolen forty-six dollars. He was at length found, taken before the justice, 



40 THE BENCH AND BAR OF ILLINOIS. 

and Mr. Caton, who acted also in the capacity of detective, discovered the money 
in the man's stocking. The culprit was defended by Mr. Spring, the only other 
lawyer in Chicago, but Mr. Caton secured a conviction and received ten dollars 
of the recovered money as his fee, which was just sufficient to pay his board 
bill. He, however, spoke of it as the greatest fee he ever received. 

On the 1 2th of July, 1834, when twenty-two years of age, he was elected a 
justice of the peace, the precinct taking in the whole of Cook county, and out of 
two hundred and twenty-nine votes he received one hundred and eighty-two. 
He was connected with the first murder case ever tried in Cook county, but just 
before the trial came off he was taken ill, and his partner, Mr. Collins, who had 
come to the city six months after Mr. Caton, followed out the plan which he had 
mapped out and won the case, acquitting the client. In the spring of 1835 the 
Judge determined to extend his practice to Putnam county, the oldest settled 
in the northeastern part of the state, and started on horseback. There he soon 
succeeded in establishing a liberal clientage and from that time on his success 
w^as assured. He applied himself untiringly to any work that he began, and this 
application, combined with his superior legal knowledge, won him a position as 
one of the most eminent members of the bar of Cook county — a reputation which 
he maintained for many years thereafter. 

Judge Caton was married in July, 1835, to Miss Laura Adelaide, daughter 
of Jacob Sherill, of New Hartford, Oneida county. New York. She was his 
faithful companion and helpmeet for more than half a century, sharing with him 
in the hopes and disappointments in his earlier years, the prosperity and successes 
of his later life. She passed away in 1892, and was laid to rest in the cemetery at 
Ottawa, Illinois. In the family were three children, but Mrs. Charles E. Towne 
died in 1891. The son, Arthur Caton, is a leading citizen of Chicago, and the 
daughter is Mrs. Norman Williams. 

Judge Caton had been in the west but a short time before he had left an 
impress of his energetic, sturdy young character on this section of the country. 
He was a member of the first political convention ever held in Illinois. It met 
on the 4th of March, 1834, at Ottawa, Dr. David Walker serving as president, 
while Mr. Caton acted as secretary. In 1836 he formed a law^ partnership with 
N. B. Judd, and the same year built the first dwelling within the school section 
on the west side of the southeast corner of Harrison and Clinton streets. About 
this time there was an endeavor made to secure a charter for the thriving little 
western city, and the Judge was active in the movement. The following year, 
when the country became involved in a financial panic, he, too, lost much of his 
real estate, and becoming broken down in health he removed, in 1838, to a farm 
near Plainfield that he had purchased some years before, and to which he took 
his family in 1 849. 

Judicial honors were early in life conferred upon Mr. Caton. When not yet 
thirty years of age Governor Carlin appointed him judge of the supreme court, 
and not long afterward he was appointed by Governor Ford to fill another 
vacancy. When the supreme court was reorganized under the new constitu- 
tion he was chosen as one of the three judges of that court, his associates being 



THE BENCH AND BAR OF ILLINOIS, 41 

Judges Treat and Trumbull. For twenty-one years he filled that responsible 
position, and during six months of the time presided as chief justice. On the 
bench his decisions were ever fair and just. He possessed a judicial tempera- 
ment of peculiar adaptability and acquired a broad and comprehensive grasp of 
law. Though devoted to his chosen profession he by no means confined his en- 
ergies to that one calling. He was the first citizen of Illinois to cross the state 
with a telegraph line. With a sagacity seldom equaled, he seemed to realize the 
importance of Professor Morse's invention, and organized and became chief 
proprietor of the Illinois & Mississippi Telegraph Company. The success of the 
telegraph made him extremely wealthy. At one time he controlled all the tele- 
graph lines in Illinois, but he leased them to the Western Union Telegraph Com- 
pany, and thereafter enjoyed an enormous income from these leased lines. Judge 
Caton also became interested in granite street-paving, was a stockholder in a 
glass factory in Ottawa, and was equally successful as a farmer and author. 

On his retirement from the bench Judge Caton went to his beautiful farm 
at Ottawa, Illinois, and devoted much of his time to agricultural pursuits, in the 
midst of a fine park, where deer and wild fawn roam at will under magnificent 
forest trees. He also had a substantial and tasteful residence in Chicago, located 
at 1900 Calumet avenue. He was a deep student of natural history and a lover 
of nature. A man of broad general information and ripe scholarship, he was 
a fluent and forcible speaker and writer. He traveled extensively in Europe and 
was familiar with every part of America. He made a close and comparative 
study of the social and economic conditions of the country, and published the 
results of his careful investigation in a peculiarly lucid and graceful style. He has 
been the author of many able, entertaining and instructive articles, and among 
his better known works are "The Unsetting Sun — A Summer in Norway," "The 
Antelope and Deer of America" and "Early Bench and Bar of Illinois." 

He held membership with the Second Presbyterian church of the city and 
gave his support to all interests that were calculated to uplift humanity. He was 
especially charitable and benevolent, and the needy never applied to him for aid 
in vain. In social life he was a true friend, and it is said that no man ever prac- 
ticed before the bar of Illinois or sat upon its bench that was more highly 
respected or admired as a lawyer or citizen. He died July 30, 1895, at the age 
of eighty-three years. 

James Semple was born in Green county, Kentucky, January 5, 1798, his 
parents being John W. and Lucy Semple, who were natives of Virginia. He 
was the eldest of nine children. He received a fair education in the schools of 
Greensburg, Kentucky, which was supplemented by a legal course in Louisville. 
Before this, however, he had learned the business of tanner and currier, 
a business which proved unsuited to his taste. He came to this state in 18 18 
and first settled in Edwardsville, where he remained for a short time and then 
returned to Kentucky. In the year 1820 he moved to Chariton, Missouri, and, 
having military tastes, was elected colonel of the Missouri militia. 

In December, 1824, he was licensed to practice law in the state of Missouri, 
and in 1828 he returned to Edwardsville, where he continued the practice of his 



42 THE BENCH AND BAR OF ILLINOIS. 

profession with success. He was diligent and careful, and, being a man of mag- 
nificent j)resence and fine manners, he rose rapidly to distinction. Upon the 
breaking out of the Black Hawk war he was commissioned, and held a position 
on the staff of General Whiteside. 

He represented Madison county in the state legislature and w^as twice 
elected speaker of the house. On the 30th of January, 1833, he w^as elected at- 
torney general of the state, and continued to hold that office until he was suc- 
ceeded by the Hon. Ninian W. Edwards, on September 30, 1834. In 1837 he 
was appointed, by President Van Buren, minister to Bogota. The mission was 
accepted, and General Semple took passage for New Granada in January, 1838. 
He held that position until 1842, w^hen he was recalled. He returned to Ed- 
wardsville and the following year w^as appointed judge of the supreme court of the 
state, which position he resigned after a few months' occupancy, to accept a seat 
in the United States senate, as successor to Hon. Samuel McRoberts, under an 
appointment by Governor Ford, and was afterward elected by the legislature to 
fill the unexpired term of his predecessor. After the expiration of his term in the 
senate he returned to his home in Edwardsville. 

The writer became acquainted with General Semple in the spring of 1832. 
In this connection I copy an extract from my own memoirs : 

"Before I came to Illinois my father had made the acquaintance of General 
James Semple, \Vho was a leading lawyer and politician, and of magnificent pres- 
ence and proportions. He was amiable and kind to me, and in the spring of 1832, 
when about to start north to join the command to which he was attached, he 
oflFered to furnish me a horse and such equipments as I would need and to 
take me with him on the campaign. 

"I was then fifteen years of age, and was delighted with the offer, which I 
accepted, subject to the approval of my father. I did not doubt that he would 
consent, and hastened home to report to him my opportunity, but he refused to 
allow me to go. It was my first great disappointment, but I bore it in silence 
when in my father's presence, for he held with Solomon on the use of the rod in 
family government. I did not go to the Black Hawk war, but I cherished very 
kind and respectful feelings for General Semple as long as he lived." 

General Semple died on December 20, 1866. It is difficult to predicate as to 
the judicial merits of Judge Semple, as he remained upon the bench but for a 
short time. He was bold, outspoken and frank ; as a politician he was fearless, 
never hesitating to commit himself to any line of policy which his judgment ap- 
proved. He was prompt in his decisions, assumed all the responsibilities of his 
place, and was popular with the bar and the public. 

Richard M. Young was a Kentuckian by birth, but came to Illinois at a very 
early period and took up his abode in Jonesboro, Union county. He was ad- 
mitted to the bar September 28, 181 7. He represented Union county in the 
legislature in 1820-1. He was elected a judge of the third circuit, but on the 
formation of the fifth circuit, which comprised all of the state north of the Illinois 
river, he was assigned to that circuit. After he was elected by the legislature 
judge of the fifth circuit he removed from Jonesboro to Quincy, so as to be within 



THE BENCH AND BAR OF ILLINOIS. 43 

his circuit. The amount of law business in the various counties was not great, 
but the distance between the county-seats and the want of modern conveniences 
of travel were such that at certain seasons of the year it was arduous business, 
although the tedium of the journey w^as often relieved by jovial companions, 
and during a portion of the year must, in the heyday of youth, have been rather 
a delightful exercise than otherwise. 

Judge Young held the earliest terms of the circuit court in Chicago and in 
all of the northern counties of the state. He had the reputation of being a 
shrewd and judicious counselor and was associated with Judges Breese and Ford 
in the defense of Theophilus W. Smith, upon his impeachment before the senate 
in 1832-3. While a member of the United States senate Judge Young became 
greatly interested in upholding the credit of the state, which was at that time 
seriously threatened, and in a speech in that body, on February i, 1841, he said: 
"The march of Illinois is forward, and if her legislative guardians at home shall 
promptly discharge their duty in the preservation of her credit at home and 
abroad, who can not foretell that her destiny is no less than that of the Empire 
state r 

In 1839, in company with ex-Governor Reynolds, he made a visit to Europe 
in order to effect the sale of bonds to carry on the public improvements of the 
state, but was not successful, and failing of a re-election to the senate, he was 
chosen an associate justice of the supreme court January 14, 1843, which office 
he held until January 25, 1847, when he resigned and was appointed commis- 
sioner of the general land office at Washington, to succeed General Shields. In 
1850-1 h€ was clerk of the house of representatives at Washington. His clos- 
ing years were spent in an asylum for maniacs in Washington, and he died 
universally pitied and regretted. 

He was a tall, fine-looking man, and was one of those persons who would 
attract the attention of the stranger at once by his gentle and courteous man- 
ners ^and dignified bearing. He did not possess great executive pow-er and 
did not dispatch business rapidly, but everything which he did he did well and 
was very careful to avoid mistakes. 

John M. Robinson, who became an associate justice of the supreme court 
on the 14th of January, 1843, did not long survive to exercise the duties of 
his important office, his death occurring at Ottawa, the seat of the court over 
which he presided, on the 27th of the April following. He was born in Scott 
county, Kentucky, in 1794, and emigrated to Illinois about 1818, taking up his 
residence in Carmi, White county, where he entered upon the practice of the 
law. Being well known as a thorough lawyer, he was appointed by the gov- 
ernor as prosecuting attorney for his district. It may be stated in passing that 
another record is to the effect that Mr. Robinson came to IlHnois as a child, 
being reared and educated here. He was a brother of James F. Robinson, at 
one time governor of Kentucky. In 1831 he was elected by the state legis- 
lature as United States senator, to fill the unexpired term of John McLean, 
deceased, his opponent being D. J. Baker, the governor's choice. In 1834 
Judge Robinson was re-elected for a full term, which expired March 3, 1841. 



44 THE BENCH AND BAR OF ILLINOIS. 

After his death his remains were taken to Carmi for interment. He was 
a man of ability and left his impress upon the history of the state. In 1829 
he married Mary P. D. RatcliflF, daughter of James Ratcliff, a pioneer and 
eminent citizen of White county, and they became the parents of two children. 
His son, James S., became a lawyer and was at one time prosecuting attorney 
of White county, his death occurring in 1859. 

Jesse B. Thomas, Jr., was the second son of Richard Symmes Thomas and 
Frances (Pattie) Thomas, and was born at Lebanon, Ohio, July 31, 1806. He 
was educated at Transylvania University and practiced law for a number of years 
at Springfield, Illinois, removing in 1845 to Chicago, where he afterward re- 
sided. He was judge of the supreme court and did circuit court duty, and pre- 
sided at the trial of Joseph Smith, the founder of Mormonism, at the time of 
Smith's assassination. He was married February 18, 1830, at Edwardsville. 
Illinois, to Adeline Clarissa, daughter of Theophilus W. Smith, and a native 
of New York city. She was bom May 13, 181 2, and died in Chicago, Decem- 
ber 14, 1866. 

Jesse B. Thomas, Jr., remained in Illinois and worked his way up to prom- 
inence by degrees, for the first notice that we have of him is his election as 
secretary of the senate of the seventh general assembly, which met December 
6, 1830. He was also elected secretary of the senate of the eighth general 
assembly, which convened December 3, 1832. He was a member of the house 
of the ninth general assembly, which convened December i. 1834. He must 
have become prominent as a lawyer at an early period, for we find that he was 
selected as one of the new judges which were provided for by the act of 
January 7, 1835, when five new judges were added to the supreme court, mak- 
ing that court consist of nine judges, and compelling them to do circuit duty. 
Jesse Burgess Thomas, Jr., as the record reads, was commissioned July 30. 
1837, and resigned in 1839, but it appears that his services as a judge were 
in demand and that he was appointed a justice of the supreme court by the 
governor, August 6, 1843, to fill the vacancy occasioned by the resignation 
of Stephen A. Douglas. His term expired December 4, 1848. He was then 
elected by the general assembly, and on the 27th of January, 1847, w^as elected 
in place of Richard M. Young. He held the terms of the circuit court in Cook 
county in 1848-9, but resigned to go into business wnth Patrick Ballingall, a 
criminal lawyer of considerable local repute, practicing until his death, which 
occurred February 2, 1850. 

James Shields became a justice of the Illinois supreme court on the i6th of 
August, 1843. He was born in Dungannon, county Tyrone, Ireland, in 1810. 
and his death occurred in Ottumwa, Iowa, June i, 1879. He emigrated to the 
United States in 1826. studied law and began the practice of his profession at 
Kaskaskia, Illinois, in 1832. While he attained higher distinction in connection 
with his valiant military service in the war with Mexico and that of the Re- 
bellion, he gained for himself a prominent place in connection with the bar 
of Illinios and in public life. He was sent to the legislature in 1836, was elected 
state auditor in 1839, ^^^ ^^'^s appointed a judge of the supreme court in 1843, 



THE BENCH AND BAR OF ILLINOIS, 45 

as has already been stated. In 1845 he was made commissioner of the general 
land office. 

When the war with Mexico was instituted Judge Shields was appointed 
a brigadier-general, his commission dating July i, 1846, and was assigned to 
the command of the Illinois contingent. He served under General Zachary 
Taylor on the Rio Grande, under General John E. Wool in Chihuahua, and 
through General Winfield Scott's campaign. At Cerro Gordo he gained the 
brevet of major-general and was shot through the lung. After his recovery 
he took part in the operations in the valley of Mexico, commanding a brigade 
composed of marines and of New York and South Carolina volunteers, and at 
Chapultepec he was again severely wounded. He was mustered out on the 
20th of July, 1848, and in the same year received the appointment of governor 
of Oregon territory. This office he resigned on being elected United States 
senator from Illinois, as a Democrat, and he served in the senate from Decem- 
ber 3, 1849, "^til March 3, 1855. 

After the expiration of his term he removed to Minnesota, and when the 
state government was organized he returned to the United States senate as 
one of the representatives of the new commonwealth, taking his seat May 12, 
1858, and serving until March 3, 1859. At the end of his term he settled in 
California, and at the beginning of hostilities in 1861 was in Mexico, where he 
was engaged in superintending a mine. Hastening to Washington, he was 
appointed a brigadier-general of volunteers on the 19th of August. He was 
assigned to the command of General Frederick W. Lander's brigade after the 
latter's death, and on March 23, 1862, at the head of a division of General 
Nathaniel P. Banks' army, in the Shenandoah valley, he opened the second 
campaign with the victory at Winchester, Virginia, after receiving a severe 
wound in the preparatory movements on the preceding day. He was in com- 
mand at Port Republic on the 9th of June, and was defeated by General Thomas 
J. Jackson. 

Resigning his commission on March 28, 1863, he settled in California, but 
soon removed to CarroUton, Missouri, where he resumed the practice of law. 
He served as a railroad commissioner, and was a member of the legislature in 
1874 and 1879, ^" which latter year his death occurred. 

Norman H. Purple was born in Otsego county. New York, on the 29th 
day of March, 1803. He commenced the study of the law with Judge N. B. 
Eldred, in Wayne county, Pennsylvania, but completed his reading, was ad- 
mitted to the bar, and commenced practice in Tioga county, in the same state, 
in the autumn of 1830, where on the 3d day of January, 1831, he was married 
to Ann Eliza, daughter of the Hon. Ira Kilburn of that county. 

In July, 1837, he removed to Illinois and settled at Peoria, where he at 
once entered into an extensive and successful practice of his profession. From 
1840 to 1842 he held the office of state's attorney of the ninth judicial district, 
composed of the counties of Peoria, Kendall, Kane, De Kalb, Ogle, Bureau, 
Stark, Marshall, Putnam and La Salle. 

On the 8th day of August, 1845, he was appointed by Governor Ford one 



46 THE BENCH AND BAR OF ILLINOIS. 

of the judges of the supreme court. On December 19, 1846, he was elected 
to the same office by the general assembly and commissioned on the 21st day 
of the same month. The fifth circuit, to which he was assigned, was com- 
posed of the counties of Fulton, Schuyler, Brown, Hancock, McDonough, Hen- 
derson, Warren, Knox and Adams, to which the county of Pike was added by 
the act of February 5, 1847. Upon his elevation to the bench, Judge Purple 
removed to Quincy, where he resided, discharging the duties of his judicial 
position, until the office was changed by the new constitution, which went 
into effect on the first Monday in December, 1848. His associates upon the 
supreme bench were William Wilson, Samuel D. Lockwood, Thomas C. Browne, 
Walter B. Scates, Samuel H. Treat, John Dean Caton, Richard M. Young, 
Gustavus P. Koerner, William A. Denning and Jesse B. Thomas. Others of 
his contemporaries at the bar were Lyman Trumbull, Ebenezer Peck, Orville 
H. Browning, Thomas Ford, Julius Manning, Archibald Williams, David Davis, 
Stephen A. Douglas, John T. Stuart, Benjamin S. Edwards and Abraham Lin- 
coln. 

During his residence in Peoria he had as copartners in the practice of the 
law, at different times, Halsey O. Merriman, George T. Metcalf, Ezra G. Sanger, 
Lorin G. Pratt and Alexander McCoy ; the last named being his partner at the 
time of his death. 

In 1849, Judge Purple edited and published a compilation of the Real 
Estate Statutes of Illinois, embracing all the real-estate statutes from the time 
of the organization of the Northwestern territory to the time of its publica- 
tion, — a work of inestimable value to the profession in those days. In 1856 
he published a compilation of all tlie acts of the legislature of a general nature 
in force at that time, with references to decisions of the supreme court and to 
former statutes upon the same subject. This work is known as Purple's Statutes 
and continues to be recognized as standard authority until the present time. 

Judge Purple died at the Sherman House, in the city of Chicago, on the 9th 
day of August, 1863. On the nth day of the same month, a meeting of the 
members of the bar was held in the United States courtroom to pay a tribute 
of respect to his memory. At that meeting Hon. Lyman Trumbull presided, 
and William H. Bradley, clerk of the United States courts, acted as secretary. 
A committee consisting of Messrs. Emery A. Storrs, H. F. Waite, E. W. Evans 
and Henry G. Miller reported a series of resolutions, from which the following 
extracts are made : 

Resolved, That as a citizen he was everywhere known and respected as possessing the 
highest integrity and patriotism; as a judge he added honor to the ermine and dignity 
to the bench; as a lawyer we can pay him no higher tribute than to say he was by all 
regarded as the leader of the bar of this state. 

Resolved, That he leaves behind him a judicial and professional character which 
must ever remain a more lasting and eloquent tribute to his memory than any other and 
which will ever stimulate the bench and the bar to emulate the virtues which so eminently 
distinguished him. 



THE BENCH AND BAR OF ILLINOIS. 47 

Gustavus Koerner. — No compendium such as the province of this work 
defines in its essential limitations will serve to oflfer fit memorial to the life and 
accomplishments of the honored subject of this sketch,— a man remarkable in 
the breadth of his wisdom, in his indomitable perseverance, his strong individu- 
ality; and yet one whose entire life has not one esoteric phase, being as an 
open scroll, inviting the closest scrutiny. True, his were "massive deeds and 
great" in one sense, and yet his entire accomplishment but represented the 
result of the fit utilization of the innate talent which was his, and the directing 
of his efforts along those lines where mature judgment and rare discrimination 
lead the way. There was in Judge Koerner a weight of character, a native 
sagacity, a far-seeing judgment and a fidelity of purpose that commanded the 
respect of all. A man of indefatigable enterprise and fertility of resource, he 
carved his name deeply on the records of Illinois jurisprudence and on the 
roll of the nation's able legists. When the chief justices of the state assembled 
in Mount Vernon for the May term of court in 1896, the chief justice announced, 
"Court is convened for the purpose of receiving resolutions and hearing such 
remarks as may be made by the bar upon the death of Judge Koerner, formerly 
one of the justices of this court;" and the publishers of this volume feel that 
they can best present an account of his life work by quoting freely from the 
speeches made on that occasion by men who were associated with him in pro- 
fessional and public life, who were familiar with his splendid accomplishments, 
who admired him for his ability and his virtues, and who now cherish his mem- 
ory as one who made the world better by his having lived. 

"Gustavus Koerner, our departed professional brother, was born November 
20, 1809, at Frankfort-on-the-Main, a free city of Germany, and died at Belle- 
ville, Illinois, April 9, 1896." Thus began Judge James M. Dill, who continued 
as follows : "His father, Bernard Koerner, was a public-spirited citizen, a mem- 
ber of the legislative council of that city, and by occupation a publisher. Young 
Koerner was a student at Heidelberg in 1832, when the public mind of Ger- 
many was stirred and agitated by sympathy with the revolution of 1830, which 
dethroned Charles X, and made Louis Philippe his successor as king of France 
— ^just as Germany, eighteen years afterward, in 1848, was again stimulated to 
political reform by a revolution which paved the way to the present French 
republic. The former revolution made Judge Koerner, with many of his as- 
sociates, an exile from his native land and a citizen of America. While a 
student, and but little past his twenty-first year, he became a member of a 
secret political society called the 'Burschenschaft,' composed largely of uni- 
versity students, and in the outbreak of this society on the 3d of April, 1833, in 
Frankfort, he was wounded. This attempt at revolution was vigorously sup- 
pressed by overwhelming military power, and our hero sought, and after many 
vicissitudes found, safety in the land whereof Byron writes, 'One freeman more, 
America, to thee.' In the same year he settled in St. Clair county, where he 
lived for -a period of sixty-three years, — ^nearly all the time in Belleville." 

Speaking of his emigration to America, Frank A. McConaughy said : "Of 
all those who have sought our shores since the foundation of our republic, 



48 THE BENCH AND BAR OF ILLINOIS. 

Koerner belonged to a class who have contributed most toward the advance- 
ment and perpetuation of our free institutions. Thrown off their own shores 
by revolutionary upheaval brought on by their struggles for liberty, they came 
unimpelled by a single sordid hope or desire for pecuniary betterment of their 
fortune's estate, but a genuine love of freedom. They gathered the scattered 
remnants of their fortunes — their cherished Penates — and came to us, sacrificing 
friends, family, .home, their social positions and the yearnings of their ambition. 
Like the patriot and poet who bore Koerner's name a score of years before, his 
restless sword ever irresistibly left its scabbard at freedom's every call, — there, 
in the land of his nativity, and here in the land of his adoption." 

Judge Koerner's business relations connected him prominently with the 
bar of the state. He had won the degree of LL. D. from the historic University 
of Heidelberg, and after taking a diploma from the Lexington Law School, 
he entered upon the practice of his profession, — first in partnership with the 
late Adam \V. Snyder, and afterward with the late James Shields, and con- 
tinued this practice in conjunction with his son, Gustavus A. Koerner, almost 
down to his very last day. Said Marshall W. Weir : "He brought to the prac- 
tice of his profession a mind thoroughly trained in the broad, underlying prin- 
ciples of law. He was more than a lawyer. He had attained the lofty con- 
ceptions of law had by the old Roman lawyers. They looked upon law as a 
branch of ethics whose foundations lay in ripe reason and the unalterable feel- 
ings of human nature. They believed it was as Cicero had portrayed it, — not 
a thing thought out by the ingenuity of man. not a decree of the people, but an 
eternal entity, coeval in its origin and harmonizing in its operations with the 
divine mind ; that it was the recorded morality of a nation, — a rule of social 
duty not less than that of civil conduct ; that it was the sacred embodiment of the 
public will and understanding; the unanimous assent of a great people to the 
principles of a refined equity and enlarged benevolence, reduced to practice in 
the daily concerns of life with the precision, consistency and uniformity of an 
exact science. He did not relax his studies on being admitted to the bar. 
He was eminently conspicuous for his legal ability, and for sixty-three years 
was an active practitioner in the courts of Illinois, being at the time of his 
death the oldest practicing lawyer of the state. His legal lore covered every 
department of the science of jurisprudence, and he won distinction at the bar 
among men of national reputation, including Lincoln, Douglas, Trumbull, 
Shields, Breese and Palmer. Those who practiced with him w^ell knew and 
appreciated the subtlety and profundity of his intellect, its logical compactness 
and the learning which illustrated his discourses. Ten years after the admis- 
sion of Gustavus Koerner to the bar. on April 2, 1845, ^^ was appointed bv the 
governor of the state a justice of the supreme court, in place of Justice Shields, 
who had resigned, and on December 19, 1845, ^e was elected by the general 
assembly to fill the same office. He retired from the bench in September, 1848. 
upon the reorganization of the judiciary of the state under the new constitu- 
tion that was adopted by the people in that year. Thus he was a justice 'of this 
court for a period of about three years and a half. The opinions that he wrote in- 



THE BENCH AND BAR OF ILLINOIS. 49 

dicate that he was an educated lawyer and an able and just judge. The state was 
then in its infancy; the courts had established but few precedents; the ques- 
tions that arose were largely questions of first impression, and the labors of the 
justices were both difficult and responsible; and it may be said of Justice 
Koemer that he well performed the work of establishing precedents for his suc- 
cessors." 

Mr. Dill, in speaking of this period of his life, said : "Few persons outside 
of the legal profession have any adequate conception of the labors imposed upon 
a minister of justice. So vast, so varied, so complex are the affairs of a civil- 
ized community, that he who sits as a final arbiter of the law must necessarily 
assume responsibilities of the greatest character. Uprightness of character, 
purity of motive, breadth and depth of culture, a complete comprehension of 
underlying principles, and, withal, a patient, painstaking industry and a thor- 
ough mastery of details, are essential requisites and qualities which must be 
possessed by the judge of the court of last resort. The sources of the law 
are numerous, — civil, common, ecclesiastical and statutory, — forming, when 
properly understood, a harmonious whole. Legislators, composed mainly of 
raw recruits from the people who have devoted comparatively little time to the 
study of statecraft, find it an easy matter to make and unmake the law. Abstract 
theories and propositions are easily stated. It is much easier to prescribe than 
to take, easier to cut out than to fit, easier to hew the timber than to frame 
it together. The temple of justice is a structure of manifold proportions and 
apartments, but of exquisite beauty and symmetry, — the growth and produc- 
tion of ages, — built upon the solid masonry of wisdom and experience. New 
material cannot be put as patchwork into the edifice. It must be labored into 
proper shape, so as not to mar the beauty of the structure. This labor must 
be performed by courts of last resort. It is, indeed, a herculean task. He 
who devotes his life to this great labor and does his work with the skill and 
ability of a master has won his claim to the gratitude of men. Other callings 
may present greater attractions and open broader avenues of fame. The leaders 
of armies, the possessors of the divine gift of eloquence, politicians and men of 
genius in literature may attract a larger share of popular applause, but cer- 
tainly none do more for the real cause of humanity than the hard-working, pure- 
minded jud^e." 

While a justice of the Illinois supreme court, then composed of nine jus- 
tices, who held, by assignment, the circuit courts after the old English system of 
nisi prius. Judge Koerner held the circuit court at Belleville. Before him came 
the slave case of Harry Beard against Vital Jarrot, which involved the question 
whether Illinois was a slave state. The jury decided by their verdict that the 
plaintiff was a slave, as did two subsequent juries, — verdicts inspired by the 
same pro-slavery prejudices which ten years afterward dictated at Washington 
the Dred Scott decision. The first of these iniquitous verdicts Judge Koerner 
promptly set aside, and in doing so he displayed, in spite of popular prejudice, 
a manly independence and fearlessness rising to heroism. He broke with his 
party on the question of slavery, and became a most efficient supporter of Lin- 



so THE BENCH AND BAR OF ILLINOIS. 

coin and the war. He may be called the creator of the gallant Forty-third 
Regiment, which did such splendid service in the field. He served for a time 
on the staff of General Fremont and did a work there the importance of which 
was known and recognized only by his immediate associates. In 1842 he was 
elected to the legislature of Illinois, where he first attracted the attention of 
Abraham Lincoln. When the latter became president of the United States he 
paid tribute to the ability of Judge Koerner by appointing him minister to 
Spain, a position which he filled with marked ability and to the full satisfaction 
of both Seward and the president. As lieutenant governor from 1852 to 1856, 
he presided over the deliberations of the state senate. July i, 1871, he was 
appointed, by Governor Palmer, a member of the railway and warehouse com- 
mission, and he was chosen its chairman, resigning at the expiration of two 
years. He interested himself in the Soldiers' Orphans* Home, at Normal, 
IlHnois, just after the war of the Rebellion, becoming president of the board of 
trustees and taking a very active interest in the institution. 

Judge Koerner was one of the most scholarly men ever connected with the 
judicial history of Illinois. He was familiar with the literature of Europe and 
America. He was a master of at least four great languages — the Latin, 
the German, the French and the English — and, like Gladstone, one 
of his favorite pastimes was the reading of the Iliad in the language 
of Homer. He could repeat from memory, in the Greek tongue, perhaps more 
than half of the great poem, and while at Madrid held consultations with the 
Spanish minister of justice in the Latin language, for the reason that the Spanish 
minister could speak neither French, German nor English, and our minister 
could not speak Spanish or Italian. He was more than a mere student of 
languages. On the contrary, he used them as a skilled mechanic uses his 
implements. They were to him a means, not an end. He was not only famiUar 
with the thoughts and inspirations of Europe and America, but he was, to a 
perceptible extent, an inspirer, a creator and a framer of them. The pro- 
ductions of his laborious pen were read and studied in both Europe and America. 
His reading embraced every branch of learning, — law, history, poHtics, bi- 
ography, science, and belles-lettres. In the Open Court of Chicago there latterly 
appeared from his pen the most discriminating criticism that the public has 
seen of the celebrated novel Trilby. Only a few months ago he gave to the 
world the very best exposition and explanation of the Monroe doctrine as it 
was understood by its authors, James Monroe and John Quincy Adams. He 
was deeply interested in the cause of education and the uplifting of the people. 
Some who did not know him well, thought him, perhaps, exclusive and aris- 
tocratic in his ways, but he was not. That thought was but the tribute in- 
stinctively paid by less favored minds to his superior endowments. He was 
especially interested in the Belleville public library, was one of its founders 
and from its establishment to the day of his death served constantly as president 
of the board of directors. It is not known even to those who knew Judge 
Koerner best and most intimately what hopes, if any, he may have entertained 
concerning the mysterious realm beyond the grave. If such there were they were 



LvMAH Trumbull.' DAiiiRt 

Thomas Druhhond. Nincan Edwards. William 



THE BENCH AND BAR OF ILLINOIS. 5' 

never intruded on others, nor did he intrude upon or question such hopes or 

beliefs in others. That liberty, in this as in all things, which he demanded for 

himself he fully accorded to others. He was a kind and courteous gentleman 

in his intercourse with both the bench and bar. He was thoroughly honest, 

conscientious and reliable, and known to be so by the courts, by his brother 

lawyers, by his clients and by his fellow citizens. He well and nobly performed 

all the duties that devolved upon him as a lawyer, as a judge, as a citizen and 

as a man. His qualities of heart and head made him great. No one who 

ever knew him can fail to revere his memor>^ Thus, full of years, of honor and 

usefulness, his life is finished. Like Newcome, the most superb character in the 

greatest English fiction, to the last call he has made the last response, "Adsum." 

Lyman Trumbull was born October 12, 1813, in Colchester, Connecticut. 

After receiving his education he went to Georgia, where he spent some time as 

the principal of a school. He came to Illinois in 1837, was admitted to the 

bar, and commenced the practice of the law at Belleville. The writer formed the 

acquaintance of Mr. Trumbull in 1839. 

Mr. Trumbull was active in politics, and was appointed secretary of state 
by Governor Carlin. He was a candidate for congress, but was defeated. In 
1855 he was elected to the United States senate, and was re-elected in 1861 and 
1867. Mr. Trumbull was elected an associate justice of the supreme court 
on the 4th day of December, 1848, and held that office until July 4, 1853, when 
he resigned. He was elected to congress in 1854, but had not taken his seat 
when elected to the senate. 

Davidson and Stuve say: "When Douglas was elected a supreme judge, 
in 1841, Governor Carlin, resisting legislative dictation, appointed Trumbull 
to the vacant office of secretary of state, over McClernand, but he came near 
being defeated in the senate by the latter and his friends, out of which grew 
some ill feeling. 

"At the opening of Governor Ford's administration he incurred the dis- 
pleasure of that functionary by opposing his policy towards the state banks, 
causing his dismissal from office. The same year, and the following one, he 
sought the congressional nomination in the Belleville district, but failing, upon 
the meeting of the legislature he aspired to the senatorial nomination, against 
James Semple, the governor's appointee, and failed again. In 1846 his name 
appears among the candidates for governor, but he failed, through the influence 
of Governor Ford and on account of his opposition to the canal. He immedi- 
ately sought and obtained the candidacy for congress in the Belleville district, 
but was defeated by over two thousand majority, though the district was largely 
Democratic. 

'*As a politician Trumbull lacked that hearty and cordial geniality of manner 
which wins popularity among the masses. His intercourse with the people, 
if not formal, left the impression of reserve, and his nature was rather repellant 
than magnetic. 

**But no such advantage obtained with him in regard to politicians. Over 
such as might be reached by the force of intellect he ever exercised a large in- 



52 THE BENCH AND BAR OF ILLINOIS. 

fluence. However, after these repeated trials for place, in 1848 he was elected one 
of the supreme judges under the new constitution, which office he resigned 
July 4, 1853, on account of insufficient salary. 

"By nature, study and habit he was admirably fitted for the bench. With a 
mind strong, clear and penetrating, — a mind w^hich, while it inclined to detail, 
never lost its broad grasp of principle, — he was capacitated for great eminence. 
He was an able, searching and comprehensive constitutional pleader. He was 
ever a strenuous and ultra Democrat, but in 1854, unable to brook the repeal 
of the Missouri Compromise, he opposed his party upon that question and was, 
in November, elected to congress as an 'anti-Nebraska Democrat,' which place 
he resigned to accept the senatorship." 

Governor Ford, in speaking of his act for putting the state bank into liqui- 
dation, and in stating that it passed the house of representatives, says that "In 
the senate the whole out-door opposition was let loose upon the bill. Trum- 
bull took his stand in the lobbv and sent in amendments of everv sort to be 
proposed by Grain of Washington. Gatlin of St. Glair and others. The mode 
of attack was to load it down with obnoxious amendments, so as to make it 
odious to its authors, and Trumbull openly boasted that the bill would be so 
altered and amended in the senate that its framers in the house w^ould not know 
their own bantling when it came back to them. From this moment I deter- 
mined to remove Trumbull from the office of secretary of state. From the 
nature of his office he ought to have been my confidential helper and adviser, 
and when he found that my course was against his principles (if really it was 
against them), he ought to have resigned. * * * Judge Douglas, notwith- 
standing he had advised the measure before the finance committee, voted against 
it in the council." We do not recount these facts for the sake of reviving old 
controversies, for the parties to them have all passed away, except General Mc- 
Glernand. 

Mr. Trumbull was afterward elected to congress upon the issue of the 
Nebraska bill, and was elected to the senate on the 8th of February, 1855, the 
writer, being a member of the state senate, having placed him in nomination 
as an anti-Nebraska Democrat. 

Davidson and Stuve say (Illinois History, page 689) : "James Shields, the 
regular Democratic caucus nominee, was placed in nomination by Mr. Graham ; 
Abraham Lincoln, the idol of the old Whigs, and strongly anti-Nebraska, by 
Stephen T.v Logan; and Lyman Trumbull, the nomination of less than half a 
dozen anti-Nebraska Democrats, by John M. Palmer. * * * Fifty-one votes 
were necessary to a choice on joint ballot. On the seventh ballot Shields was 
out of the field, and Governor Matteson. being substituted, received on the eighth 
ballot forty-six votes,— the utmost strength of the Nebraska Democracy. On the 
tenth ballot Mr. Lincoln's name was withdrawn, and the Whig vote being con- 
centrated on Mr. Trumbull he received fifty votes direct, and before the result 
was announced Mr. W^aters changed from Williams to Trumbull-, electing- him 
by just the requisite number. Neither persuasion nor menace could intimi- 



THE BENCH AND BAR OF ILLINOIS. S3 

date the Trumbull phalanx of five. Such was the manner of the first election 
of Mr. Trumbull to the senate of the United States." 

Davidson and Stuve add in regard to Mr. Trumbull: "His record in con- 
gress, which is national and not our province to give, stands very high. He was 
for many years the able chairman of the judiciary committee, and there are few 
congressional acts of importance but what bear the impress of his far-reaching 
mind. As an orator he is devoid of imagery and ornateness of diction, but as 
a close, clear, compact and systematic thinker, with an excellent memory, a 
wide acquaintance of public affairs and an extensive knowledge of the law, he 
was the most formidable debater of the august senate. As a practical expounder 
of the principles of his party he eclipsed Mr. Seward. He ever has been a 

hard student." 

In 1865-6 it became an interesting question to determine the status of the 
freedmen, — the negroes. Attempts were made in congress and in several 
state legislatures to define their rights specifically. The writer, who was then 
commander of the Department of Kentucky, being much interested in the sub- 
ject, prepared a bill enumerating the rights to be conferred by law upon the 
freed people, and also a petition to the Kentucky legislature. While preparing 
the petition and bill it occurred to him that the whole effect could be accom- 
plished by an act of congress, and he addressed to Mr. Trumbull the following 

letter : 

Headquarters Department Kentucky, 

Louisville. Ky., Jan. 4, 1866. 
Hon L. Trumbull, 
My Dear Sir: 

I enclose you a copy o\ a petition which is being extensively circulated for the 
signatures of the colored people of this city, and will be presented to the Kentucky legis- 
lature. 

I prepared the paper for them as a quiet, modest demand for the recognition of 
the essential rights of the freed people, seeking to avoid language which could be tortured 
to the purposes of prejudices and at the same time escape the disgraceful imputation of 
servility. 

Still, I have such moderate hope that it will be favorably received by the legis- 
lature, that I have advised them to look to congress, and have prepared a petition for its 
consideration. You will perceive that the first point presented by the petition is that of 
residence in the state, or citizenship, if that form of expression is preferred. 

Chapter XV, Revised Statutes of Kentucky, in all its provisions limits citizenship 
to free, white persons. The law passed in pursuance of a requirement of the constitution 
compels, or is intended to compel, all emancipated persons to leave the state, and Article 
II, Chapter XCIII, Volume II, pages s^-7y declares that any free negro or mulatto who 
has since the nth day of June, 1850, migrated, or who shall hereafter migrate, to this state 
v;ith the intention of remaining there, shall be guilty of felony, and upon conviction shall 
be confined in the penitentiary for any period of time, not exceeding five years. 

The whole article is like this in barbarity and injustice, and will, in some parts of 
the state, be rigorously enforced. I trust your bill, to which I have seen telegraphic ref- 
erences, in terms or in legal effect repeals these and similar laws. I suggest that they may 
be defeated by an act of congress declaring all persons of African descent born in any of 
the United States or any of the territories or in any place subject to the jurisdiction of the 
I'nited States, to be citizens. 

By the constitution of the United States congress has power to establish an uniform 



54 THE BENCH AND BAR OF ILLINOIS. 

rule of naturalization, and this power is exclusive of that of the individual states (Kent's 
Commentaries, Volume I, page 424; Second Wheaton's Report, page 269), and it is also true 
that congress has by law naturalized or citizenized certain peoples in g^ross (see act of 
congress of March 3, 1843, with respect to the Stockbridge Indians. Statutes at large, 
Volume V, pag^e 647), and instances of collective naturalization by the treaty-making power 
are numerous, — in the case of the acquisition of Louisiana, April 3, 1800; the purchase 
of Florida, in 1819; treaty with Mexico, 1848; and by joint resolution of congress, as in 
the case of the annexation of Texas, March i, 1845. If the freedmen are declared by law 
to be citizens the legal consequences of citizenship follow and defeat the injurious opera- 
tions of the laws already referred to. 

I am aware that there are many jurists and publicists who entertain the opinion 
that the freed people of African descent are now, in point of law, citizens of the United 
States. This may be the correct view of the subject, but there is a formidable array of 
authorities on the other side, and it is certain that the courts, if the question is left in its 
present state of doubt, will hesitate, falter, and decide both ways for years to come. A few 
words of legislation will remove all doubts, and, what is more, will place the colored 
race in the class of free men whose political and legal rights are so carefully secured and 
guarded by many provisions of the federal and state constitutions. 

I attach great consequence to this idea, for most of the oppressive legislation of 
the states proceeds upon the theory that negroes are not members of the political so- 
ciety and are not referred to or protected by constitutional provisions. They are elabora- 
tions of the amiably expressed, but damnably conceived, doctrine that we find so often in 
the resolutions adopted by meetings of those political bastards who call themselves Demo- 
crats, that 'this is a white man's government.' which means that a thief may be a Chris- 
tian if he only steals from a negro.  * * 

At the opening of congress in December Mr. Trumbull himself had intro- 
duced a bill in which he attempted to enumerate the rights to be conferred upon 
the negro, but accepted the suggestion of citizenship and introduced the civil- 
rights bill by an amendment to his own. 

The relations between the writer and Mr. Trumbull continued to be friendly, 
and even intimate, until the closing years of his life. He voted against the im- 
peachment of Andrew Johnson, and in that way separated himself from the 
Republican party. He was the Democratic candidate for governor in 1880, 
and was defeated by Governor Cullom. 

Mr. Trumbull's last appearance in the supreme court of the United States 
was in defense of persons who were found guilty of contempt by Judge Woods. 
Mr. Justice Harlan said of the argument of Judge Trumbull "that if the prem- 
ises had been conceded the argument would have been irresistible.'* He died 
at his home in Chicago on the loth day of July, 1896. 

Onias C. Skinner was elected a judge of the supreme court June 4, 1855, 
vice Samuel H. Treat, and served until April 19, 1858, when he resigned— 
shortly before the expiration of his term. He was a sound, able lawyer, and 
popular as a judge, gaining eminence by his excellent service on the supreme 
bench. 

Pinckney H. Walker had served on the circuit bench in Pike county prior 
to 1858, in April of which year he was appointed to succeed Skinner as a justice 
of the supreme court. In the succeeding year he was elected for the full term, 
and was re-elected, dying February 18, 1885, only four months prior to the 



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THE BENCH AND BAR OF ILLINOIS. 55 

expiration of his second term. Judge Walker was a native of Kentucky, whence 
he came with his father to Illinois, among the first settlers, locating in Mc- 
Donough county. His early educational advantages were necessarily limited by 
the environments of the time and place, but a strong determination, added to 
pronounced intellectual powers and good health, carried him over all the edu- 
cational wants of the times and gave him a fair position as a scholar. He was a 
thorough student of the law and a safe counselor. His home was at Rushville. 
Judge John M. Scott, the subject of this memoir, was born in August, 
1824, in the county of St. Clair, Illinois, and had the distinction of being the 
first native citizen to become a member of the supreme court of Illinois. His 
ancestors in the paternal line were Scotch-Irish, in which fact he took great 
pride, being a Qonstant attendant of the Scotch-Irish congress and one of the 
vice-presidents of the society. He had many of the characteristics of that 
sturdy, fearless and talented race of men. His mother, whose maiden name was 
Nancy Biggs, emigrated from Virginia to Illinois at a very early day, and was 
identified with the first settlement of the state. His mother, as a child, passed 
through that fearful ordeal incident to the struggle between civilization and 
barbarism as manifested in the massacres and wars between the Indian and 
white man. Educated in that school of suflFering and danger, in common with 
her many other good qualities of head and heart, she became a woman of heroic 
mold and well worthy to perform the delicate trust of training children to a 
courageous discharge of duty. His father was in comfortable circumstances 
and afforded his son all the facilities which a new country offered for procuring 
an education. 

Having, in connection with his attendance at school, availed himself of 
the advantages of private tuition, he acquired an accurate knowledge of the 
English branches, besides a fair knowledge of Latin and the higher mathematics. 
The bar at Belleville in the early history of the country was the ablest in the 
state, and well calculated to fascinate the mind of a young man with the pro- 
fession of the law; and that, in connection with a natural taste for the bar, 
induced him to read law, in the office of Messrs. Kinney & Bissell, then among 
the most accomplished lawyers in the west. Like many others who have ac- 
quired distinction at the bar and on the bench, as preliminary to his career 
as a lawyer he devoted some time to the profession of school-teaching. He 
studied the elementary books of the law with industry and diligence, and thereby 
acquired a knowledge of legal philosophy which, through his life both as a 
lawyer and judge, fitted him to deal with the law as a science and not as a mere 
aggregation of arbitrary rules. Upon his admission to the bar, in 1848, he 
removed to McLean county, where' for a half century he resided, discharging 
during that time some of the highest functions of a citizen of the state. At the 
time he became identified with the McLean county bar, lawyers of distinction 
were among its members. Judge Davis and General Gridley were of the local 
bar, and Abraham Lincoln and John T. Stuart were among the non-resident 
attorneys who attended the courts. While Judge Scott had every qualification 
for a successful trial lawyer, like his illustrious predecessor on the bench of the 



56 THE BENCH AND BAR OF ILLINOIS. 

circuit court, Judge Davis, he had a peculiar aptitude for the higher function 
of judge and from his admission to the profession the taste of his ambition in- 
clined to the bench. He had but little trouble in securing his share of business, 
and was not subject to that anxious solicitude which often intervenes between 
coming to the bar and coming to a practice. 

In 1849 he was elected school commissioner, and served in that office until 
1852, superintending the educational interests of the county and distributing the 
money of the school fund. In the winter of 1852 he was elected to the respon- 
sible position of judge of the county court, which at that time not only had 
within its jurisdiction probate matters, but also all the public business of the 
county. In addition to his official duties and general practice he was the at- 
torney of Bloomington, then recently organized as a city. FrQm boyhood the 
Judge was a great admirer of Daniel Webster, and, as a result of that predilection, 
when he came to the years of manhood he was a Whig, and continued an ardent 
supporter of that party until its dissolution, 1852. Upon the formation of the 
Republican party he identified himself with that party, when it was struggling 
for an existence as a political organization. In 1856 he was nominated on the 
Republican ticket for the state senate, and made a most vigorous and able can- 
vass for the defense of Republican principles, in a district largely Democratic 
in sentiment ; and, although defeated, he reduced the majority to a point highly 
complimentary to himself. In this campaign he and Mr. Lincoln often ad- 
dressed the same audiences, and between them there was the most cordial per- 
sonal and political relations. 

In the first years of the Judge's practice his clearness of thought, accurate 
knowledge of the law, services as county judge and his dignity of character 
directed the attention of the people and the bar to him as having the qualifica- 
tions for higher judicial duty; so that in the year 1862, when Judge Davis be- 
came a member of the supreme court of the United States, Judge Scott was 
selected as his successor by a unanimity of sentiment on the part of both the 
bar and the people. He did not, in the administration of his office as judge 
of the circuit court, disappoint the expectations of his most sanguine friends, 
and at the end of the unexpired term of Judge Davis he was re-elected without 
opposition. He held the circuit court in the eighth district, during the most 
troublous times of the civil war, and was called upon, in the discharge of his 
duties, to repress the violence of both sides, which he did with a fearlessness 
and courage worthy of the best age of the judiciary. 

In the year 1870 a constitutional convention was held, and on the 2d of 
July, that year, the constitution formed by that body was adopted, which made 
it necessary to elect additional members of the supreme court. This district of 
which McLean county formed a part was entitled to one of the new judges 
and embraced within its limits the central portion of the state, commencing at 
Tazewell county on the northwest and running to Edgar on the southeast. 
Embracing as it did Sangamon and other large and populous counties of the 
state, it necessarily had some of the leading members of the profession. When 
it was known that there would be an increase in the membership of the supreme 



THE BENCH AND BAR OF ILLINOIS. 57 

court, the public mind was directed to Judge Scott as well worthy of the ex- 
alted position. This was especially so among the lawyers of the district ; and in 
June, 1870, a convention of the bar was held, and although some of the leading 
jurists of the district and state. were candidates, Judge Scott was chosen by 
the convention, and in July, 1870, he was elected a judge of the supreme court 
for the term of nine years. 

At the time he became a member of that court many questions of importance 
to the prosperity of the state and the people were pending in the supreme and 
circuit courts, incident to the extraordinary development of the railroad interests 
of the northwest ; and Chicago, with its complex and diversified characteristics, 
its extraordinary and sudden growth, and its many schemes of speculation and 
trade, made the supreme court of Illinois one of the most important courts of the 
United States. Outside of the state of New York it may be safely assumed 
that for importance of litigation and for questions of difficult solution, no other 
in the Union presented a field more fruitful in legal contention than the state 
of Illinois. At the time Judge Scott became a member of the court he was 
in the prime and vigor of his life, and had acquired at the bar and on the bench 
a capacity for legal information which fitted him to deal intelligently and ably 
with all the questions which came before the court. He was identified 
with the judicial history of the state for a period of nearly fifty years, — ^as a 
lawyer and as a county, circuit and supreme judge. His name first appears in 
the third volume of Oilman's Reports as a practicing attorney, and his opinions 
extend from the fifty-fourth to the one hundred and twenty-sixth volume of re- 
ports as a judge of the supreme court. .At the end of his first term as a justice of 
the supreme court he was elected, in June, 1879, ^y ^ very large majority over 
one of the most accomplished lawyers of the state. His second term expired in 
June, 1888, when he declined a re-election, having served for a period of 
eighteen years, with marked ability and to the entire satisfaction of the people 
and the bar of the whole state. 

During those eig*hteen years he served as chief justice three terms, and 
was the first native-born citizen of Illinois who held that responsible and digni- 
fied position. During the eighteen years which he held the office of a justice of 
the supreme court the litigation was larger, more complicated and important 
than in the fifty-two years which intervened from the admission of the state 
to the year 1870. The legal controversies of the citizens had changed from 
the simple questions of law, which were the subjects of judicial discussion and 
determination in the early history of the state, to questions more abstruse and 
difficult, depending upon more enlarged, involved and complex conditions of 
fact. The law-suit of 1870 and that of 1820 in the supreme court of the state 
were very different as legal controversies. In later years immense records had 
to be examined and digested in order to present the whole case and fully de- 
velop the real issue to be determined. 

In the power to master a voluminous record, and to eliminate the imma- 
terial matter of a legal proceeding, Judge Scott had great ability, as shown 
in his numerous opinions upon almost every conceivable subject of human con- 



58 THE BENCH AND BAR OF ILLINOIS. 

tention. A supreme court of the state is much more diversified in its juris- 
diction than the supreme court of the United States for the reason that it is the 
court of final jurisdiction for almost every wrong which can be committed and 
for every right that can be protected. Subject to the limited jurisdiction of the 
supreme court of the United States, it is the court of final resort which settles, 
by the authority of law, the many contentions and disputes incident to men as 
they form human society. During his term of service the labors of the court 
extended through seventy-three volumes of reports, so that it may be safely as- 
sumed that his contribution to the body of judicial law of Illinois is as large 
and important as any member of the supreme court at any period in the history 
of the state. His services in the supreme court covered a period which may 
be called formative as to some of the material interests of the state, and from 
which important litigation originated, as the park systems of Chicago, the rail- 
road and warehouse commission, the modified special assessment methods, and 
the many questions of corporation law growing out of, and dependent upon, 
the adoption of the new constitution. 

The protection of the life and liberty of the citizen is the most important 
and delicate trust committed to the jurisdiction of a court; and one of the lead- 
ing opinions of the court on that subject was written by Judge Scott in the case 
of Ker versus the People of the State of Illinois, reported in the one hundred 
and tenth volume. The question presented by the record was one new and 
novel, and called for the highest and best resources of judicial reasoning in the 
determination of legal questions made by the facts. The defendant, Ker, com- 
mitted the crime of embezzlement and larceny in Chicago, as the cashier of a 
bank, and fled to Peru. At the time that country was in military possession 
of the Chileans, arid it was practically impossible to proceed under the treaty 
for his return. Owing to the condition of the country, the defendant was taken 
by force, placed on board a United States ship-of-war and brought back to the 
United States. When he was arraigned in the criminal court of Chicago he 
pleaded in defense the illegality of his arrest and extradition. The court below 
sustained a demurrer to the plea, and the case, upon the correctness of that de- 
cision, was appealed to the supreme court. The court, in a very able opinion 
delivered by Judge Scott, sustained the decision of the criminal court, and from 
that decision an appeal was taken to the supreme court of the United States. 
The state court said, "A fugitive from justice has no asylum in a foreign country 
when he is guilty of an offense for which he is liable or subject to extradition 
by treaty between this and the foreign country. If he is illegally and forcibly 
removed from such country, that country alone has the cause of complaint, and 
he cannot complain for it." In the decision of the supreme court of the United 
States it is said : "The treaties of extradition to which the United States are 
parties do not guarantee a fugitive from justice from one of the countries 
an asylum in the other. They do not give such person any greater or more 
sacred right of asylum than he had before.*' It will be seen that the line of argu- 
ment pursued by Judge Scott in the supreme court of Illinois was, in sub- 
stance, followed by the supreme court of the United States; and by a series of. 



THE BENCH AND BAR OF ILLINOIS. 59 

uniform judicial determinations the law upon an important question of in- 
dividual liberty and international right was settled, as far as it can be settled 
by the decisions of the highest courts of one nation. 

In the case of Lenfers versus Henkle (Seventy-third Illinois Reports) the 
supreme court of Illinois was called upon to decide a question which, up to the 
time of the decision, had never been passed upon by any court, either in England 
or the United States. The controversy relates to the dower interest of a widow 
in the mineral or mining lands of the husband. Judge Scott delivered the 
opinion of the court on the question involved in a remarkably clear, original and 
well reasoned argument, showing his ability to deal with questions upon the 
broad ground of original thought, unaided by express authority. During his 
term of service in the supreme court he wrote many opinions upon the subject 
of municipal taxation and the law of real-estate property growing out of the great 
value of land in Chicago ; but the compass of this article will not permit special 
reference to them. They will stand as limitations to and qualifications upon 
municipal authority and the law of realty throughout the entire history of that 
state which has to deal with the most remarkable municipal corporation that has 
ever appeared in the history of time. 

The Judge had great respect for the dignity of judicial place and power, 
and no man ever presided in a court with more respect for his environments than 
did Judge Scott. As the result of that personal characteristic the proceedings 
were always orderly upon the part of every one — audience, bar and the officers, 
from the highest to the lowest. His opinions are fine specimens of judicial 
thought, — always clear, logical and as brief as the character of the case will per- 
mit. He never enlarged beyond the necessities of the legal thought in order to 
indulge in the drapery of literature. 

His mind during the entire period of his course at the bar and on the bench 
had been directed in the line of his profession and his duty, and as a result he did 
not give much time to speculation and money-making; but by the judicious in- 
vestments of the reward of his toil he was eventually placed in independent 
and prosperous circumstances. 

He was the owner of many fine farms in the vicinity of Bloomington, and to 
the care of these he devoted considerable attention, renting them to good tenants 
at no more than one-half the ordinary rent of other farms of like improvements 
and situation. He took great delight in the success and welfare of his tenants, 
and as an inducement to them for their toil he gave them the lowest rent he 
could afford. 

During his term of service as county judge, in the year 1853, he was married 
to Miss Charlotte A. Perry, daughter of Rev. David J. Perry, of Bloomington. 
His marriage was most happy. Mrs. Scott is a lady of culture and refinement, 
and enjoys with grace and without ostentation the assured place given her by 
the public service and life of her husband. They had two children, who died 
in infancy, but to an adopted daughter they ever devoted the most fervent at- 
tachment. 

The Judge was a man of fine literary taste, and as a result of that incHnation 



6o THE BENCH AND BAR OF ILLINOIS, 

he accumulated one of the choicest libraries in central Illinois, abounding in 
books of standard quality and highest excellence of authorship. His tastes were 
simple, but refined and delicate, and whatever he had was of the best quality. 
After his retirement from the bench his time was devoted to looking after his 
private interests and to the enjoyment of his home and library. Conspicuous 
among the many good traits of his character was his fearless devotion to what- 
ever came within the pale of public or private duty. He had moral courage fit 
for any emergency, and although he was always a pronounced Republican, 
he was without partisan prejudice, and in his candidacy he was supported with 
enthusiasm by many leaders of the opposition. He had been for many years a 
devoted member of the Presbyterian church, and a constant attendant upon its 
ministrations. His judicial term, extending through twenty-six years of unin- 
terrupted success, w^as an honor to the state, and his character as a man is well 
worthy the admiration of the whole people. 

In the fullness of years and honors Judge Scott entered into eternal rest, 
January 21, 1898, at his home in Bloomington, leaving a name that will be 
revered for all time in the great state which he dignified and honored by his 
noble character and high accomplishments. 

William K. McAllister was an incorruptible jurist, an excellent lawyer and a 
citizen of high standing. He was born in the state of New York in the year 
1 81 8, and was reared on a farm. He received a collegiate education, read law 
and practiced that profession for ten years in Albion, New York. In 1854 he 
removed to Chicago and was but a short time in securing a large clientele. In 
1868 he was elected judge of the recorder's court of the city, in which capacity 
he displayed such ability that he was elected a justice of the state supreme court 
in 1870 — a position of honor more than of pecuniary reward. He resigned to 
accept the office of circuit court judge of Cook county and by repeated re-election 
was continued on that bench until his death, which occurred October 29, 1888. 
In 1879 ^^ w^s appointed by the supreme court as one of the circuit judges to 
hold the appellate court for the first district, a position he filled for the re- 
mainder of his life. As a lawyer he possessed a logical, common-sense eloquence 
which, in his practice before juries, proved more successful than all the tricks 
of the insincere and more pretentious orator. 

Alfred M. Craig. — On this gentleman the highest elective judicial honors 
within the gift of the people of Illinois have been conferred. For a quarter of a 
century he has been a member of the supreme court, and his present term will 
extend to the close of the century. His name is therefore inseparably associated 
with the history of jurisprudence in the state, and his career has conferred 
honor upon the commonw^ealth that has so honored him. 

Judge Craig was born January 15, 1831, in Paris, Edgar county, Illinois, 
his parents being David and Minty Craig, the former a millwright and farmer. 
He completed his literary education by a course in Knox College, of Galesburg, 
Illinois, in which institution he was graduated in June, 1853. Immediately 
afterward he began the study of law in the office of Hon. William C. Goudy, of 
Lewistown, IlHnois, and in 1854, after his admission to the bar, began practice in 



THE BENCH AND BAR OF ILLINOIS, 6i 

^'no:>cville, Illinois, where he soon acquired a large and lucrative clientage, which 

^ho ejxtended into adjoining counties. When elected to the bench he had the 

Arg-est: practice of any lawyer in that section of the state, and every important 

Ktig-ated interest found him as counsel for the defense or the prosecution. He 

stood Iiigh at the bar, and his opinion, even in the early days of his professional 

career, was esteemed equal to that of the old savants in the law; and his great 

earnestness and force of manner gave him an almost irresistible influence over a 

)^0'- He has a mind of peculiar analytical power which enables him to separate 

ti^e non-essential from the essential in the evidence produced, and to apply to 

the latter the principles of law which bear on the case. His legal knowledge 

IS profound, and the intricate problems of the court of last resort are mastered by 

nim with a readiness that shows exceptional wisdom. 

Judge Craig's first official service began in 1862, when he was elected to the 

^'^^Vk of Knox county, whereon he served four years. In 1870 he was elected 

^ <ielegate from that county to the state constitutional convention, and his 

.'^^'^vledge of constitutional law and his understanding of the needs and condi- 

^^s of the commonw^ealth made him an important factor in framing the or- 

^. ^i^ law of the state. Each public service, so well and ably performed, brought 

, ^^ greater respect, admiration and public confidence, and he was still more 

^^^Ted in 1873, when elected to the supreme court, of which he has since been 

, . ^^^mber. Twice re-elected, — in 1882 and 1891, — he is still a member of that 

f^^^ tribunal. Upon the just execution of our laws depends the weal or woe 

.. ^^"i^ state, and those who are called to high judicial service are men in whom 

• I>eople have great confidence, w^hile re-election always indicates faithful ser- 

T^» unwavering integrity and a fairness which is above question. The fact that 

Ti|, ^^ Craig has for twenty-five years been a member of the supreme court of 

. 5^^^is is a circumstance which needs no favorable comment from the his- 

^^^ ; it speaks for itself. 
1^ In Knoxville, Illinois, Judge Craig married Miss Elizabeth P. Harvey, 
u^ ^^'liter of C. K. Harvey, a lawyer of eminent ability in his profession. They 
^ two children, Dr. H. A., who was born in i860: and Charles C, who was 
Xil^rti in 1865, and is now practicing law. 

In addition to his professional duties Judge Craig has been interested to 
$ome extent in banking, and also has extensive agricultural interests. In his 
private life he is distinguished by all that marks the true gentleman. He is one 
who subordinates personal ambition to public good and seeks rather the benefit 
of others than the aggrandizement of self. Well versed in the learning of his 
profession, and with a deep know-ledge of human conduct, with great sagacity 
and tact, he stands to-day with few equals at the bar of Illinois. 

T. Lyle Dickey, whose name is prominently connected with the history of 
Illinois — as a lawyer, a jurist and a soldier — ^was born October 2, 181 1, in Paris, 
Bourbon county, Kentucky. In 1826, at the age of fifteen years, he entered the 
Ohio University, where he continued his studies four years, after which he en- 
tered the senior class of Miami University, where he graduated with honor, in 



62 THE BENCH AND BAR OF ILLINOIS. 

1 83 1. December 6, 1831, he married Miss Juliet Evans, and after his marriage 
taught school, with great success, in Ohio and Kentucky. 

In the winter of 1834 he removed to McDonough county, Illinois, where he 
made the acquaintance of Hon. Cyrus H. Walker, who induced him to begin 
the study of law. His progress in this line was so marked that he practiced 
law at Macomb before he was regularly admitted to the bar, and attained con- 
siderable renown. In 1835, at the age of twenty-four years, he was duly ad- 
mitted to practice in the Illinois courts. After this he removed to Rushville, 
where, in addition to legal business, he edited a thriving Whig paper. Here he 
became largely interested in real-estate speculations, which proved disastrous, 
owing to the panic of 1837, and many years elapsed ere he was able to entirely 
free himself from the large indebtedness forced upon him at this time. The 
intrinsic honor of his character is shown in the fact that he labored without ceas- 
ing until every creditor was paid in full. In 1836 Judge Dickey removed to 
Ottawa, Illinois, where he soon built up a large and lucrative practice as an 
attorney. He there remained until 1846, when he raised a fine company for 
service in the Mexican war. Of this organization he was chosen captain, but 
after the company had been attached to the First Regiment of Illinois Volunteers, 
he was compelled to resign his commission on account of ill health, and returned 
hom« and resumed the practice of his profession. He was elected a judge of the 
circuit court, the district comprising twelve counties, but after four years of 
judicial service he resigned, and again returned to private practice. In 1854 he 
opened a law office in Chicago, but continued his residence at Ottawa, and on 
the last day of the succeeding year he lost his wife, who died after a brief illness. 
In the year 1858 he resumed practice in Ottawa, and although heretofore an 
ardent Whig, ardently espoused the cause of Stephen A. Douglas in his famous 
contest with Lincoln, delivering a number of eloquent and forceful addresses 
in various parts of the state. 

He became connected in business with W. H. L. Wallace, of Ottawa, and his 
son Cyrus E. Dickey, and the firm transacted a large legal business until i86r, 
when the Rebellion broke out. Judge Dickey immediately set about forming a 
regiment of volunteers, which was mustered into the service as the Fourth 
Illinois Cavalry, and the Judge was commissioned its colonel. For two years 
Colonel Dickey was an active and intrepid soldier. He took part in the capture 
of Fort Henry, and led the brilliant advance at Fort Donelson. At the battle 
of Shiloh he took an active part. Both of his sons and General W. H. L. Wallace 
were with him during this desperate struggle, and General Wallace was killed 
during the engagement. In 1862 he was appointed to the position of chief of 
cavalry on the staff of General Grant, and was placed in command of Memphis, 
Tennessee. He also participated in the battle of luka. After this he assumed 
command of the four brigades of cavalry in General Grant's army. He was en- 
gaged in a desperate encounter with General Pemberton, far in advance of his 
supports, for four days, on the retreat from Tallahassee. At one time he selected 
six hundred men and engaged in an extensive and successful raid through a 
region of country swarming with Confederate soldiers, and returned safely and 



THE BENCH AND BAR OF ILLINOIS. 63 

without losing a man. The celebrated raid of Grierson in 1863, during which 
the railroads around Jackson, Mississippi, were completely destroyed, was sug- 
gested and organized by General Dickey. 

In the latter part of 1863 he resigned his commission and returned home, 
where he formed a law partnership with John B. Rice. In 1866 Judge Dickey 
was the Democratic candidate for congressman at large. In 1868 he was ap- 
pointed as assistant attorney general of the United States, and had full charge 
of the government suits of the court of claims. His labors in that branch of liti- 
gation in the United States supreme court were performed with great ability and 
with undiminishing fidelity. He was frequently complimented by the judges 
of the supreme court for the thorough and able manner in which he performed 
his arduous duties. 

He held this position about two years, when his health failed him and he 
resigned. In 1870 he married Mrs. Hurst, of Maryland, after w^hich he returned 
to Ottawa and again began the practice of law. In December, 1873, he removed 
to Chicago and in December, 1875, was elected a judge of the supreme court 
of the state, to fill a vacancy. In 1879 '^^ was nominated as an independent can- 
didate, was elected and remained upon the supreme bench, his incumbency of 
this high office covering nearly a decade. He gained a distinct popularity and 
uniform respect. Possessed of wonderful memory, and with a remarkable 
power of analysis, his judgments were always received with profound consider- 
ation, and his opinions on important cases have generally been sustained. As a 
lawyer he was a most brilliant advocate. His arguments were lucid, logical 
and marked by an aptness of illustration that carried all the elements of convic- 
tion. In social circles Judge Dickey was a universal favorite, being genial, 
whole-souled and intellectual. 

Judge Dickey died July 22, 1885, at Atlantic City, New Jersey, and the 
state lost an able jurist and eminent citizen. He left surviving him his widow 
and four children. 

John H. Mulkey, formerly a justice of the supreme court of Illinois, was 

born in Monroe county, Kentucky, May 24, 1824. Family tradition says that 

the ancestry of the Mulkeys is Scotch-Irish and that the family was founded in 

America by a young Irish apprentice who ran away from his English master 

and came to this country about the middle of the eighteenth century. He 

located in the Carolinas and married a lady, of Scotch birth, whose acquaintance 

he had formed on the voyage to the New World. Some of the descendants of 

this couple established homes in Kentucky, others in Tennessee, and still others 

iarther south. From the Kentucky branch of the family Judge Mulkey is 

descended. His grandfather, John Mulkey, was born January 14, 1773, and 

died December 13, 1844. He was a Baptist minister of some prominence in 

Kentucky, and, in connection with Barton Stone and others, was a forerunner 

^^ Alexander Campbell in the work of founding the Campbellite church. The 

Judge's father, Dr. Isaac Mulkey, was a physician by profession, and was mar- 

"^<i to Abigail Ragin, December 18, 1821, he being at the time less than 

^*&hteen years of age. They reared a family of nine children, of whom Judge 



64 THE BENCH AND BAR OF ILLINOIS. 

Miilkey was the second in order of birth. During his infancy the family re- 
moved from Monroe to Christian county, Kentucky, locating in Lafayette, where 
the father reared his family and practiced his profession until about 1848, when 
he was induced by his son, John H., to come to southern Illinois. He first made 
his home in Marion, but afterward removed to Ashley, where he made his home 
until his death, which occurred in 1884. He was a man of strong intellectual 
endowment, of rugged eloquence and some hterary attainment, and ranked high 
as a country physician. He was the physician for the Stephenson family, to 
which Adlai Stephenson, the former vice-president of the United States, belongs. 

Judge Mulkey spent his early boyhood days in Christian county, Kentucky, 
and when quite young went to Hopkinsville, the county-seat, where he learned 
the tailor's trade, of which acquisition he speaks with much pride. He then at- 
tended Bacon College, at Hopkinsville, for several years, acquiring a fair col- 
legiate education, including some knowledge of the dead languages, particularly 
Latin. On leaving college he started for southern Illinois on horseback, in 
August, 1845, i" search of employment as a school-teacher. Failing to secure 
a position, first at Vienna and then at Marion, he continued on his way to 
Benton, where he was employed to teach during the winter and spring terms. 
He was married in Benton, March 23. 1846, to Margaret, daughter of Larkin 
Cantrell, and for a year thereafter he continued to teach school. In the mean- 
time the Mexican war broke out, and at the second call for troops he enlisted 
as a volunteer, entering the service in July, 1847, «^"^ being mustered out in 
July, 1848. 

From 1848 until 1853, when he was admitted to the bar. Judge Mulkey's 
attention appears to have been engaged with a multiplicity of aflFairs. During 
that period he lived first at P>enton, then at Blairsville, in Williamson county, 
and later at Marion. He farmed for a time near Benton, having entered one 
hundred and sixty acres of land from the government, on his return from 
Mexico. He also traded in stock to some extent, and locally acquired consid- 
erable reputation as an excellent judge of horses. He also engaged in mer- 
chandising in Benton and later in Blairsville, and also taught school for a time. 
During the two years immediately preceding his admission to the bar he read 
law during his leisure hours, from books loaned to him by Judge W. J. Allen, 
who w^as then a young practicing lawyer at Marion. Judge Mulkey w^as ad- 
mitted to the bar at Marion, having been examined by Willis Allen, father of 
Judge Allen, his Hfe-long friend and for many years his partner in the practice. 

Judge Mulkey remained at Marion only a short time and then removed to 
Desoto, in Jackson county, w^here, as he expresses it, he "pettifogged" for two 
years. In 1857 he went to Cairo, where he remained until the flood of 1858, 
at w^hich time he took up his residence in Duquoin. A year or two later he was 
elected circuit judge, whereupon he removed to Jonesboro, on account of its 
central location in the circuit. After serving on the bench for less than a year 
he returned to Cairo, and continued in the active practice in the courts of 
southern Illinois until June, 1879, with the exception of a short period when he 
served as judge of the court of common pleas at Cairo. During that time he 



THE BENCH AND BAR OF ILLINOIS. 65 

was associated as a partner with Judge Allen ; with Samuel P. Wheeler, now of 
Springfield; with David T. Linegar and John M. Lansden, of Cairo. Judge 
Barr, of Carbondale, said of him : "I regard Judge Mulkey as the best all-around 
lawyer I ever knew, — ^that is, greater before both court and jury. Greater with 
the court for the reason that his knowledge of the law was greater than that 
of any nisi prius court in which he practiced, and the court and bar knew that it 
was the point of strictest honor with him never to knowingly misstate the law. 
When he attempted to state the law, if there was a doubt in his mind he in- 
variably expressed that doubt to the court. He was greater with the jury be- 
cause he knew better the turning point of his case than any other I knew, and 
came before it with a better preparation of the evidence, and had the strong, 
rugged, logical speech that was most convincing." 

On the 2d of June, 1879, M^- Mulkey was elected an associate justice of the 
supreme court of Illinois, and Judge A. K. Vickers, of Harrisburg, spoke of his 
judicial service as follows: "To my mind the quality which enabled Justice 
Mulkey to succeed both at the bar and on the bench to a degree rarely ever 
attained by lawyers or judges was his power to see further and deeper into 
abstract and close legal questions than others who may justly be called eminent 
jurists. He saw everything as it actually was. This quality might be properly 
called his mental reach or power of penetration, and was combined with a care- 
ful and painstaking mastery of every detail of fact connected with the case in 
hand ; a power of analysis and a force of reasoning that was irresistible and con- 
vincing. These characteristics made him one of the greatest judges who ever 
sat on the supreme bench of Illinois. His opinion in the case of the Fort 
Dearborn Lodge versus Klein, et al., filed in Ottawa at the November term of 
court of 1885 ^"d reported in 115 Illinois Reports, page 177, is in my opinion 
one of the ablest legal opinions to be found in the history of our jurisprudence." 
Since his retirement from the bench, though frequently urged to do so. 
Judge Mulkey has never re-entered practice, except to a very limited extent. He 
wrote a brief in the famous Crerar will case, of Chicago, and another in a 
mandamus case for the Illinois Central Railroad Company. His time is now 
largely given to literary pursuits and the supervision of his farm. In 1884 
he removed from Cairo to MetropoUs, where he still resides. His first wife died 
June 2, 1871. By that marriage there were eight children. On the 25th of 
September, 1873, he was again married, his second union being with Kate 
House, who was born and reared in Metropolis. They have two children. In 
early life the Judge was a member of the Campbellite church, but after reaching 
manhood he held agnostic views for some years. In 1883, however, he became 
a communicant of the Roman Catholic church, and finds the greatest comfort 
and solace in the practice of its precepts. 

Benjamin Drake Magruder. — It is the mission of law to formulate, to har- 
monize, to regulate, and to adjust and administer those rules and principles which 
underlie and permeate all government and society and control the varied rela- 
tions of men. The judge is the minister of the law, and there attaches to the 
true jurist a nobility which can scarcely characterize any other public servant. 

5 



66 THE BENCH AND BAR OF ILLINOIS. 

The judge who, as does Judge Magruder, reveres the law and holds it above 
every device of criminal or counsel, is more truly a benefactor to his race than 
can be any philanthropist, however wealthy and however generous; for in the 
simple performance of his duty he blesses mankind. 

Benjamin Drake Magruder is a southerner by birth. His father, W. H. N. 
Magruder, was a graduate of Wesleyan University, Middletown, Connecticut, 
and a college professor. The future jurist was born September 27, 1838, in 
Jefferson county, Mississippi, and from an early age was a most apt and devoted 
student. Under his father's care he was prepared for college, and at fourteen 
entered as freshman at Yale, where, at eighteen (class of 1856), he was gradu- 
ated fourth in his class. 

After leaving college Judge Magruder taught school at Baton Rouge, 
Louisiana, and while so employed took up a course of reading in law, under the 
direction of Judge Elam, in that city. In due time he entered the law depart- 
ment of the University of Louisiana, at New Orleans, — then in charge of men 
of deep learning in the law, the broadest capacity and great eminence as lawyers, 
jurists and instructors, — from which institution he was graduated as valedic- 
torian in 1858. 

Judge Magruder began his professional career at Memphis, in September, 
1859, and there held during the succeeding two years a responsible position, 
affording him much valuable experience, in the office of the master in chancery. 
He came to Chicago in 1861, fortified by a classical scholarship, generous read- 
ing and a practical knowledge of the practice of law, and formed a partnership 
with George F. Bailey, under the firm name of Bailey & Magruder, in which 
he attained much success and prominence. Later he was partner in the firms 
of Magruder & Norton, Magruder & Kerr, and Hervey, Gait & Magruder. In 
1868 he was appointed master in chancery of the superior court of Cook county 
and achieved much distinction in that position, which he filled with the com- 
mendation of the bar and the public until 1885, meantime attending to a select 
general practice. In the year last mentioned he was ekcted one of the judges 
of the supreme court of Illinois, and during the year beginning June, 1891, 
served as chief justice of that court. 

In this high position Judge Magruder was the successor of Judge T. Lyle 
Dickey, a man of unusual prominence and a lawyer and jurist of national repu- 
tation, a fact which, of itself, might have rendered his position embarrassing, 
and its difficulties were augmented by the equal division of the court on several 
important cases pending. The judges had arrayed themselves three against 
three, and Judge Magruder was required to decide these cases for the court. 
He assumed the responsibility with a calmness born of a conscious integrity, 
after having fully informed himself as to the law and the evidence in each case 
involved. Two opinions written by him, touching the validity of the election law, 
were handed down by the court during the April term following his election, 
and in these he sustained the constitutionality of the law in a course of 
reasoning which was accepted by the bar as sound, logical and convincing. 

An opinion of unusual interest handed down by Judge Magruder was that 



THE BENCH AND BAR OF ILLINOIS. 67 

in the case of Cook county versus the Industrial School for Girls, to whose sup- 
port a portion of the county funds had been diverted, in which he held that an in- 
stitution under sectarian control had no right under the industrial act to draw 
from the county funds any portion of the sum necessary for its maintenance. 
The effect of this decision was to quiet agitation of the "school question," so far 
as it related to a diversion of the public money from the public schools solely 
under state supervision. 

Judge Magruder's decision in the case against the Chicago Gas Trust 
Company, in which he laid down the principles that "whatever tends to prevent 
competition between those engaged in a public employment, or business im- 
pressed with a public character, is opposed to public policy, and therefore un- 
lawful,'' and that "whatever tends to create a monopoly is unlawful, as being 
contrary to public policy," was of vast interest to the people, as opposed to trusts. 
Four companies in Chicago were engaged in the manufacture of illuminating 
gas, distributing it through the streets under chartered rights. The Chicago 
Gas Trust Company was organized with a nominal capital of $20,000,000 and 
bought a sufficient amount of stock in each of these companies to control them 
all and destroy competition. In an opinion disposing of the case, brought to 
the supreme court on appeal. Judge Magruder denied the right of the trust to 
purchase and hold the stock of other gas companies as incidental to the main 
purpose of operating works for the manufacture and sale of gas to consumers. 

The case of the appeal of Spies, Parsons and other anarchists, convicted of 
murder at Chicago, involved the foundations of government, the supremacy of 
law and the authority of the officials appointed to execute and administer the 
law ; and the whole country, long stirred by the lawless acts of anarchists, cul- 
minating in riot and murder, awaited with intensest anxiety a decision by the 
supreme tribunal of the state. Judge Magruder wrote the decision of the court, 
in which he dispassionately reviewed the proceedings of the trial, affirmed their 
regularity and sustained the majesty of the law, and this decision allayed public 
passion and brought about an abatement of the excitement incident to the trial, 
without further menacing manifestations. No other case of so great popular in- 
terest has come before the court since Judge Magruder's accession to the 
bench. 

His mental equipoise and judicial temperament qualify Judge Magruder for 
the calm and unprejudiced consideration of all questions, and he has too much 
respect for the principles and purposes of jurisprudence to decide important 
questions on mere technicalities and hypercritical issues. All such considera- 
tions he puts ruthlessly aside and rests his opinion on the substantial principles 
of law and equity involved. During his practice of nearly thirty years he ac- 
quired a broad and varied knowledge of the law as laid down in the books and 
construed by the judiciary, and while this is apparent in his every opinion, his 
judicial work is even more distinctly characterized by the incorruptible honesty 
which animates and illuminates it. 

Judge Magruder was married in June, 1864, to Miss Julia M. Latham, of 



68 THE BEXCH AXD BAR OF ILUXOIS. 

Springfield, who has Ivome him a son and datigr.ter. The family residence is 
at No. 7 Washincton Place. Chicago. 

Jacob \V. Wilkin- — Among the able and prominent members of the legal 
profession who constitute the present supreme court of Illinois is Judge J. W. 
V. :!k:n. of Danv:''e. He was b<3m near Ne'.\-ark. Ohio, on the 7th of June, 1837, 
ar.'^ Is a 5-:^n of Isaac and Sarah W ilkin. In his early life the fatlier was a car- 
penter ar.d contractor. He resitied on a small ^rm in Licking count}', Ohio, 
until 184^. when he removed to Crawford cotintv. Illinois, where he carried on 
agricultural pursuits for many years. At the tiir.e of the removal the Judge 
%vas but eight years of age. and in the schools of Cra\%iord county he acquired 
his prelin::nar}- educati^«n. which \\as supplen:ented by work in the classical 
course in McKendree College. His b-oyhc-od cays were spent on his fathers 
farm, and he was the fifth in a family of nine children, having two brothers and 
two sisters older and three brothers and one sister younger than himself. His 
parents were thriftA* people, but their family was large and the children were 
therefore denied some of the advantages that might have fallen to them had 
there not been so many to share the patrimony. 

Nevertheless the ludsre s;»ent a hai^:>v bovhoc'd, althoi:2:h it was attended by 
some privations and hardships. His first step after leaving school was to enter 
the arm v. for the counirv was callir^e: for aid to crush out the rebellion which 
threatened the destniction of the Union. He enlisted as a private and served for 
over three years, within which time he was promoted to the rank of captain, 
and he was nuisierod out in August. iS'»5, with a nia;or's commission. He par- 
ticipated in a number of important engagements, and on the field of battle, on 
picket duty and in the camp manifested his loyalty to the old tlag and the cause 
it represented. 

After the close of hostilities, in accordance with the advice of his father, our 
subject entered upon the study of law in the othce of the late Judge John 
Scholfield, of Marsliall, Clark county, Illinois, and after his admission to the 
bar. in March, iStjj, formed a pannersliip with his former preceptor, a relation 
that was maintained until Judge Scholneld's election to the supreme bench of the 
state in 1873. ^^^- ^Vilkin continued an active member of the bar of Marshall 
until 1S79. ^"^ ^" ^^^^ earlier years of his professional career enjoyed a general 
country practice, trying all kinds of law-suits, most of the trials being by jury, 
and full of excitement and interest to both clients and lawyers. He practiced 
in several counties adiacent to Clark and met manv able men in the Wabash 
valley. — representatives of both the Illinois and Indiana bar. His clear reason- 
ing, logical deductions, familiarity with the law and precedents, his effective 
oratorv, all enabled him to win manv forensic victories, and it was his marked 
ability as a lawyer that led to his selection for judicial honors in 1879, when he 
was elected to the circuit bench. In 188^ he was re-elected to that office and was 
on the appellate bench of the fourth district from 1885 until 1888, in which latter 
year he w as elected a member of tlie supreme court and re-elected in 1897. 

His entire life has been devoted to his chosen profession, in which he has 
attained marked eminence. The only public offices he has held have been in 



THE BENCH AND BAR OF ILLINOIS. 69 

this connection. In politics, however, he has always taken a deep interest, and 
was an active worker in the ranks of the Republican party until his elevation to 
the bench, since which time he has withheld himself from active work, that no 
shadow of partisanship or prejudice may be cast by opponents upon his impartial 
discharge of duty. 

In September, 1865, Judge Wilkin was united in marriage to Miss Alice E. 
Constable, daughter of Judge Charles H. Constable. She died in March, 1883, 
leaving three children : Harry O., who has business interests both in Portland, 
Oregon, and at Lake Lindman, Alaska; John Scholfield, who is engaged in 
gold-seeking in the Klondyke; and Jessie Bell, at home. Judge Wilkin after- 
ward married Mrs. Sarah E. Archer, a daughter of Judge William Whitlock, 
who resided in Marshall. By her first marriage she had one son, W. W. Archer, 
who is now practicing law in Tacoma, Washington. He is married and has one 
child. Since 1885 Judge Wilkin has resided in Danville, coming to this city 
because it offered a broader field for his professional achievements. He is one 
of its most prominent and honored residents, and with his family enjoys the 
hospitality of the best homes in this part of the state. 

For about thirty years Judge Wilkin has been a member of the Masonic 
fraternity and has taken the Knight Templar degree and the thirty-second degree 
of the Scottish Rite. He is also a member of the Knights of Pythias lodge, but 
while exemplifying the principles of these orders he has never been very active 
in the work of the lodge room. He belongs to the Methodist Episcopal church, 
of which his parents also were members, while two of his brothers were ministers 
of that denomination, Rev. E. D. Wilkin having been chaplain of the Twenty- 
first Illinois Infantry — Grant's first command — during the civil war. He died in 
Lincoln, Illinois, in 1885. The other brother. Rev. M. P. Wilkin, is now in the 
active work of the church in Havana. 

A man of unimpeachable character, of unusual intellectual endowments, with 
a thorough understanding of the law, patience, urbanity and industry. Judge 
Wilkin took to the bench the very highest qualifications for this most respon- 
sible office in the system of the state government; and his record as a judge has 
been in harmony with his record as a man and lawyer, — distinguished by un- 
swerving integrity and a masterful grasp of every problem that has presented 
itself for solution. 

Judge Joseph N. Carter. — ^The position which Joseph Newton Carter is 
now occupying — that of chief justice of the supreme court of Illinois — stands 
in evidence of his rank at the bar of the state. Holding the highest judicial office 
in the commonwealth, his ability is such as to rank him among the most dis- 
tinguished lawyers and jurists that Illinois has produced, and his name is in- 
delibly engraved in honor upon the pages of her legal history. He is a native 
son of a state that has brought forth many eminent members of the profession — 
Kentucky — and is the adopted son of a state no less renowned for the brilliant 
qualities of its bench and bar. 

Judge Carter was born in Hardin county, Kentucky, March 12, 1843, ^"^ is 
descended from Virginian ancestors of English descent. His paternal grand- 



70 THE BENCH AND BAR OF ILLINOIS. 

father was a Virginian planter in good circumstances, who operated his planta- 
tion with the aid of slaves, as was common in those days. The parents of the 
Judge, William Price and Martha (Mays) Carter, removed from Bedford 
county, Virginia, to Hardin county, Kentucky, in 1840, and the father pur- 
chased a farm of four hundred acres. There he extensively engaged in raising 
tobacco with the aid of his sons and a few slaves that he had inherited from his 
father. In the fall of 1856 he removed with his family to Coles county, Illinois. 
The Judge was then a lad of thirteen years. His birth occurred on the family 
homestead in Hardin county, and when old enough he had begun work on the 
farm. During the winter months he attended the subscription school of the 
neighborhood, which was supported by the parents whose children were in 
attendance there. Early in the year 1857 he was a student in the common 
schools of Charleston, Illinois, and later he attended the district schools of Coles 
county. In 1858 his father purchased wild prairie land in the northern part of 
that county — in the section which afterward became Douglas county — ^and 
there a farm was improved, upon which the family resided for a few years, when 
it was sold, the family removing to Tuscola. Judge Carter then attended the 
public schools of that city through the winter, and in the summer months 
engaged in teaching in the district schools near by. In 1862 he enlisted as a 
private in Company A of the Seventieth Illinois Infantry, for three months' 
service. When his term had expired he returned home and in the fall of 1863 
entered the freshman class of Illinois College, at Jacksonville, where he was 
graduated in 1866. 

When only thirteen years of age Judge Carter resolved to make the practice 
of law his life work, and the autumn of 1866 saw the consummation of his boyish 
plan, as he then martriculated as a student in the law department of the Michi- 
gan University, at Ann Arbor, where he was graduated in 1868, with the degree 
of LL. R. By means of teaching and various kinds of labor he paid his own way 
through college and law school, and after his graduation in the latter he went 
south with the intention of locating, but, changing his mind, he returned to 
Illinois in 1869 and took up his abode in Quincy. In the fall of that year he was 
admitted to the bar, on examination by a committee appointed by the supreme 
^ourt, and in the spring of 1870 formed a law partnership with William H. 
Govert, also a graduate of Illinois College and the law department of Michigan 
University. Under the firm name of Carter & Govert they practiced until the 
election of the Judge to the supreme bench in June, 1894. For a few years they 
struggled along, but their clientage constantly grew in volume and importance 
and for nearly twenty years before Judge Carter's elevation to the bench they 
enjoyed a large share of the business in the supreme court and in the federal 
and state courts. Their business was often of a very important character, and in 
its conduct Judge Carter displayed exceptional ability, resourcefulness, compre- 
hensive knowledge of the law and a masterful grasp of the situation, which en- 
abled him to keep in mind every detail, giving to each its relative prominence 
and at the same time never losing sight of the important point upon which the 
decision of a case finally turned. 



THE BENCH AND BAR OF ILLINOIS, 71 

In June, 1894, he was elected to the supreme bench, over Judge Oscar P. 
Bonney, the Democratic candidate, and became chief justice, under the rules of 
the court, at the June term of 1894. He took to the bench a mind well stored 
with legal lore, a large experience gathered from years of extensive and im- 
portant practice, a character that was an assurance that the duties of the high 
office would be faithfully administered, and a general natural fitness for the posi- 
tion that few men possess ; and when it is admitted that as a lawyer and a judge 
he is ranked with the foremost, nothing more is necessary to show the high 
position, intellectually, professionally and otherwise, that he occupies. 

Judge Carter cast his first presidential vote for Abraham Lincoln, in 1864, 
and has since been an ardent Republican in politics. His thorough under- 
standing of the political problems of the day, combined with his strong per- 
sonality and ability for leadership, has made him one of the prominent repre- 
sentatives of the party in his district, and in the fall of 1878 he was elected on 
the Republican ticket to the lower house of the general assembly, and re-elected 
in 1880, serving in the sessions of 1879 and 1881, also in the special session of 
1882. He was the minority member from his district, Adams county being 
Democratic. In 1882 he was the candidate of his party for state senator and 
succeeded in greatly reducing the Democratic majority. 

On the 3d of December, 1879, ^he Judge married Miss Ellen Douglas Bar- 
rell, youngest daughter of the late Captain George and Ann Barrell, of Spring- 
field, Illinois. They have three children : Henry B., born September 19, 1880, 
now a freshman in Princeton University; William Douglas, born August i, 
1882; and Josephine, born March 12, 1886. The Judge and his family attend 
the Congregational church, of which he has long been a member. He has made 
his home in Quincy continuously since 1869, and is one of its most popular 
and honored residents. 

James Henry Cartwright, who was elected a justice of the supreme court in 
December, 1895, was born at Maquoketa, Iowa, on the 1st of December, 1842. 
His father, Barton Hall Cartwright, was a well known frontier clergyman of 
the Methodist Episcopal church, and the maiden name of his mother was Chloe 
Jane Benedict. Judge Cartwright completed a course of study in Rock River 
Seminary, at Mount Morris, IlHnois, and thereafter became a student in the 
law department of the University of Michigan, at Ann Arbor, where he was 
graduated in 1867. In 1870 he engaged in the practice of his profession at Ore- 
gon, Illinois, which place is still his home. He was elected judge of the circuit 
court in 1888 and was assigned to the appellate court of the second district, in 
June, 1891, and in December, 1895, as already noted, was elected to the supreme 
bench of the state. He was re-elected in June, 1897, and has proved eminently 
qualified for the duties of his important office. 

On the 26th of November, 1873, Judge Cartwright was united in marriage 

to Hattie L. Holmes, and they are the parents of three daughters and two sons. 

Carroll C. Boggs is one of the more recent accessions \o the supreme bench 

and is qualified both by natural endowment and ample experience for the high 

office which he holds. Judge Boggs is a native of Illinois, having been born 



^2 THE BENCH AND BAR OF ILLINOIS. 

in Fairfield, Wayne county, on the 19th of October, 1844. He still maintains his 
home in the city where he was born. Prior to his elevation to the supreme 
bench he had held the offices of state's attorney, county judge of Wayne county, 
judge of the second judicial circuit and judge of the third district appellate court. 
Elsewhere in this work may be found individual sketches of others of the 
supreme-court justices. 



CHAPTER VI. 



REPORTERS OF THE SUPREME COURT. 

THE reporter of the decisions of the supreme court is appointed by the 
court, and there have thus far been six incumbents of this important 
position. 
Sidney Breese, to whom specific reference has been already made in the 
chapter pertaining to the supreme court, which he so dignified by his services 
as justice, was the first person authorized by the court to report and publish its 
decisions. He published the first volume of supreme-court reports, which 
includi^s all the decisions of the court from its first organization, in 1819, to the 
close of the December term, 1831, — ^this being the only volume published by him. 
Jonathan Young Scammon, of Chicago, was appointed by the court, July, 
1839, to succeed Judge Breese, and published four volumes, known as Scam- 
mon's Reports. The name of Jonathan Young Scammon is of necessity per- 
petuated in that of the history of Chicago, with which he was identified from 
1835 ^^ti\ his death, which occurred March 17, 1890, a long period of fifty-five 
years. His life was a useful one, and whether as lawyer, man of affairs, journal- 
ist or philanthropist, he always exerted an influence upon the public of Chicago 
and the west that was both helpful and ennobling, and has left an imperishable 
memory as the conservator of every interest contributing to the growth and de- 
velopment of the city of his adoption. 

Jonathan Young Scammon was born July 27, 1812, in the town of Whitfield, 
in that part of Massachusetts which, after the admission of Maine, in 1820, and 
the organization of Lincoln county, was within the borders of that county, that 
state. His father was Hon. Eliakim Scammon, a man of ability, who for many 
years represented the town of Pittston in the house of representatives and Ken- 
nebec county in the senate of Maine. His mother was Joanna Young, daughter 
of David Young, a pioneer, who represented his district in the general court of 
Massachusetts and performed gallant service as a soldier during the Revolution- 
ary war. 

Mr. Scammon received his early education at the Maine Wesleyan Seminary 
and the Lincoln Academy. He then entered Waterville College, now known 
as Colby University, from which he received the baccalaureate degree and at a 
later date the honorary degree of LL. D. He read law at Hallowell, and in 1835 
was admitted to the bar in Kennebec county. After a somewhat protracted 
tour of the west, he reached Chicago in the fall of that same year, and to oblige 
a friend, who was deputy clerk of the courts of Cook county, and who desired to 
be absent for a time, he consented temporarily to discharge the duties of that 

73 



74 THE BENCH AND BAR OF ILLINOIS. 

position in his friend's stead. That was the beginning of his active career in 
Chicago. 

No eastern visitor could at that time see much to favorably impress him 
with Chicago. But Mr. Scammon's stay here was prolonged until he became 
familiar with the town and its advantages, and he conceived a conviction as to 
the great destiny of the place which never left him afterward, even when Chi- 
cago's future appeared darkened. He soon began the practice of his profession 
and was early recognized as a lawyer of great ability. In 1837 he was made 
attorney for the State Bank of Illinois, at that time one of the leading financial 
institutions of the west. In 1839 he was appointed reporter of the supreme 
court of Illinois, and published the first volume of the court reports issued in 
Chicago. .This position he held until compelled by pressure of other business 
to relinquish it, in 1845, and the reports published under his supervision have 
been looked upon by the bar of the state as the most valuable of the series. 

After practicing his profession for a time, in partnership with Hon. B. S. 
Morris, one of the distinguished pioneer lawyers of the state, he became .asso- 
ciated professionally with Hon. Norman B. Judd, whose reputation as a lawyer 
and politician was national, and the firm thus constituted was regarded as one 
of the ablest in the northwest. In 1847 ^he first railroad enterprise set on foot 
west of Lake Michigan was projected and Mr. Scammon became actively inter- 
ested in its advancement. The proposed line was known as the Galena & Chi- 
cago Union Railway, and to secure its completion Mr. Scammon not only 
brought to bear all the influences which he could command, but taxed his 
private resources to the utmost limit to contribute to its financial assistance. 
The amount of time which he found it necessary to devote to the railway and 
other business enterprises caused him to withdraw in a measure from the active 
practice of law in 1847, when his partnership with Mr. Judd was terminated. 

Notwithstanding this withdrawal from regular practice, Mr. Scammon 
retained a prominent position at the bar and it was in his office that Hon. Robert 
T. Lincoln pursued his law studies at a later date. Even more widely than as a 
lawyer, he was known as a prominent citizen of Chicago and as a man of affairs. 
Early in the history of the city he engaged in banking, and built up various 
important financial institutions, besides investing large sums of money in mak- 
ing substantial and permanent investments on the realty which he acquired. He 
lent his every energy to all movements calculated to promote the growth and 
prosperity of the city. While not entirely successful in all his earlier financial 
ventures, he nevertheless built up a large fortune prior to 1870 and was ac- 
counted one of Chicago's wealthiest citizens, when the fire of 1871 blighted for a 
time the common prosperity and the major part of his own accumulations were 
entirely swept away. 

But his faith in Chicago did not flag, even in those hours of somber despair 
which drove some men mad and others to premature graves. He was one of the 
pioneers in the herculean task of building the city anew. He was one of the 
earliest to contract for building material, and new buildings to replace those of 
his which had been destroyed were among the earliest of those which sprang- up. 



THE BENCH AND BAR OF ILLINOIS. 75 

almost like magic, immediately after the great conflagration. It is said that he 
entered into one such contract within twenty-four hours after the fire had been 
gotten under control and while some portions of the city were still burning. He 
thus exerted an influence upon others which gave an impetus to the rebuilding 
movement which was of incalculable benefit and which was not the least notable 
of the distinguished services rendered by him to Chicago. 

The financial panic of 1873, following close upon the unexpected and 
extraordinary reverses w^hich had fallen upon him in 1871, prevented him from 
reaping the fruition of his labor and enterprise and resulted finally in the dissipa- 
tion of his entire fortune. He was a most liberal contributor during all the 
years of his financial prosperity to charitable and benevolent institutions, and no 
one ever appealed to him in vain in behalf of any movement having for its object 
the alleviation of human suffering or the improvement of the condition of any 
considerable number of his fellow-citizens. What has since become one of the 
noted hospitals of the city was originally built by Mr. Scammon at his own 
expense and was turned over to the Hahnemann Medical College as a gift, while 
the Hospital for Women and Children received from him liberal contributions 
and material assistance in conduct and management during the early years of 
its existence. ' He was equally generous in dealing with worthy persons in need 
with whom he came in contact professionally or otherwise. 

Mr. Scammon's friendship to young men just starting in life was exceed- 
ingly valuable. For all such he had a kindly word of advice under any circum- 
stances and he was generous with substantial encouragement when the occasion 
seemed to demand such aid. A distinguished jurist and a late member of the 
federal judiciary relates that when he had completed his course of study in Mr. 
Scammon's law office, and was ready to enter professional life on his own ac- 
count, the latter, entirely unsolicited, placed in his hands a considerable amount 
of business to be looked after in the new county seat in which he was to locate 
and left an order with a Chicago book-seller to supply him any books that he 
might need. His friendships were always generous and his manner of manifest- 
ing his regard or expressing his sympathies was eminently practical. To no 
one of Chicago's pioneers is the city vmder a greater obligation for the advance- 
ment of its educational interests than to Mr. Scammon. It was through his 
instrumentality that a free-school clause was inserted in the first charter granted 
to the city of Chicago, and it was to him that Chicago was mainly indebted for a 
free-school system some time before the free school became a state institution. 

Mr. Scammon was not only a promoter^ of but a devotee to science, to vari- 
ous branches of which, notwithstanding the multiplicity of his business and pro- 
fessional engagements, he gave much of his time and means. For many years 
he was specially interested in the study of astronomy. While connected with 
the University of Chicago as one of its trustees, he erected for the use of that 
institution an observatory, in which w-as placed one of the largest refracting 
telescopes ever brought to the west, and, in addition, he bore the expense of the 
maintenance of a professorship in connection therewith. He was one of the 
founders of the Chicago Astronomical Society, of the Chicago Historical Society 



ye THE BENCH AND BAR OF ILLINOIS. 

and of the Chicago Academy of Sciences. As a religionist he was a follower of 
Swedenborg, and founded the Church of the New Jerusalem, of the Sweden- 
borgian faith, in Chicago. While he was devotedly attached to that church and 
made it the recipient of his most considerable gifts and donations, he took the 
broad view that all organizations of religious men and women were agencies for 
good, and the appeals which came to him to aid churches of all denominations 
seldom failed to meet with a helpful response. 

Nearly all his active life Mr. Scammon was a contributor to the press, and 
at different times he was prominent in the editorial and business management of 
leading Chicago newspapers. He had a more or less intimate connection with 
the founding of both the Tribune and the Journal, and in 1872 established the 
Inter-Ocean, of which he was for a time sole proprietor and editor-in-chief. This 
great journal was first issued March 25, that year, from a plant at the rear of 
Mr. Scammon's residence, where he erected a building and supplied it with the 
necessary printing material and installed a competent and sufficient corps of 
editors and reporters. 

Politically Mr. Scammon was, early in life, a Whig. From the time of the 
organization of the Republican party he was an ardent supporter of its prin- 
ciples. In i860 he was one of the most enthusiastic supporters of Lincoln, and at 
his own expense published and distributed much of the literature of that cam- 
paign. He was never, however, an office-seeker, and the most important elective 
office he ever held was that of member of the Illinois legislature. He was twice 
married, first to Mary Ann Haven Dearborn of Bath, Maine, who died in 1857. 
His widow was Mrs. Gardner Wright. His one son, who grew to manhood, was 
Charles Trufant Scammon, who, at the time of his death, in 1876, was a partner 
of Hon. Robert T. Lincoln. 

Upon the resignation of Mr. Scammon as reporter of the supreme court his 
successor was appointed, in the person of Charles Oilman, of Quincy, Illinois, 
his appointment bearing date of January 30, 1845. His death occurred July 24, 
1849, when the fifth volume of his reports was about four-fifths completed. At 
the request of the administrators of the estate of the deceased reporter, the 
court authorized Charles B. Lawrence to complete the volume and superintend 
its publication. Mr. Oilman published five volumes, which are known as 
Oilman's Reports. 

After the death of Mr. Oilman, Ebenezer Peck, of Chicago, was appointed 
to fill the vacancy. He gave a new title to the volumes published by him, and 
his wisdom in so doing has been recognized, since the name which he gave, 
"Illinois Reports," has been ever since retained. His first volume was num- 
bered eleven and his last, thirty. He resigned in April, 1863. 

Ebenezer Peck located as a lawyer in Chicago during the summer of 1835. 
He was born in Portland, Maine, but his parents removed to Canada while he 
was but a lad, and he received his education and was admitted to the bar at 
the city of Quebec, where he began the practice of his profession, and soon rose 
to the rank of king's counsel, and was elected to the provincial parliament, 
where he acted with the Liberal party and acquired an influential position. After 



THE BENCH AND BAR OF ILLINOIS, 77 

locating in Chicago he devoted himself earnestly to the work of his profession, 
secured a large and profitable practice, and was looked up to as one of the able 
lawyers of the city. He, however, had a great fondness for politics, which in 
a few years distracted his attention from his law practice, and finally, for a 
time, he engaged in mercantile pursuits. He was then for a time clerk of the 
supreme court, with hisoffice in Springfield, but resigned that place in 1846 and 
returned to Chicago, where he formed a law partnership with James A. Mc- 
Dougal, who was afterward United States senator from California. The firm 
soon secured a large practice, as both were able men and sound lawyers ; but in 
1849 ^^^' Peck accepted the office of reporter of the supreme court of our state to 
succeed Mr. Charles Oilman, who had died. He held the place of reporter until 
after the inauguration of Mr. Lincoln as president, when he was appointed one 
of the judges of the United States court of claims, which place he filled until 
1875, when he resigned, at the age of seventy years, and died at his home in Chi- 
cago two years later. As a lawyer he was able and industrious, well versed in 
the common law, and an eloquent and effective advocate, courteous and gentle- 
manly toward the court and his brother lawyers, and thoroughly honest. He 
was a natural leader of men, and his influence was always thrown in favor of a 
high standard of professional conduct. He was an early admirer and friend of 
Mr. Lincoln, who had great confidence in his judgment, and often consulted him 
in the trying emergencies of the civil war. 

Norman Leslie Freeman, the fifth reporter of the supreme court, was born 
in the state of New York, on the 9th day of May, 1823. His ancestors were 
among the best of the old New England families. He lost his father when he 
was but a few years of age, and was taken by his mother to Ann Arbor, Michigan. 
He was employed for a short time in a store in Detroit, and then removed to 
Cleveland, Ohio, where he was engaged in a like employment. He completed 
his education at the Ohio University, Athens, Ohio. Shortly after leaving 
school he went to Kentucky, and was a teacher in that state. While teaching he 
entered upon the study of the law, eventually returning to New York, where 
he entered a law office for the purpose of completing his legal education. In 
1846 he again visited Kentucky, and was there admitted to the bar and entered 
upon the practice of his profession. 

In 1 85 1 he removed from Kentucky to Shawneetown, and being admitted to 
the bar of Illinois he continued his practice. In the meantime he removed to 
the state of Missouri, and for a while lived on a farm, but returned to this state 
in 1862 and resumed his legal practice. In April, 1863, he was appointed by the 
supreme court the reporter of its decisions, which position he held until his death, 
which occurred on the 23d day of August, 1894. He reached and afterward 
held a high position at the bar of the circuit and supreme courts until he 
abandoned it to enter upon a new field of labor, the preparation of a digest of the 
Illinois reports. It is a work in two volumes and is now nearly obsolete, being 
superseded by other later and more extensive digests of Illinois decisions. It 
was the pioneer work of its kind, and shows the careful, accurate discrimination 
of a clear, well trained legal mind. It was published in 1856 and afforded great 



78 THE BENCH AND BAR OF ILLINOIS. 

assistance to the practicing lawyers of that day ; it includes only fifteen volumes 
of Illinois reports. 

Judge John M. Scott, who was one of the justices of the supreme court 
for many years, says of Mr. Freeman: "It was his eminent fitness for that class 
of work, as manifested in the preparation of his digest, no doubt, that attracted the 
attention of the court when casting about for a suitable person to fill the office 
of reporter, upon the happening of a vacancy. Prior to that time there had been 
but four reporters of the decisions of the supreme court, — Breese, Scammon, 
Gilman and Peck, — all men of learning and abiUty. Selecting a successor to 
such eminent men and most successful reporters was a delicate task ; the selec- 
tion would imply a high compliment to one upon whom it might fall." 

Judge John D. Caton, who was one of the three judges which composed 
the court when Mr. Freeman was appointed, says of him : "Mr. Freeman had 
practiced before the court for a number of years before he was appointed its 
reporter, and we were all familiar with his eminent fitness, as a lawyer, for the 
place, but his other qualifications remained to be proved, and in these he has 
surpassed the most sanguine expectations of the court, of the profession and of 
his personal friends." 

Hon. Wm. E. Shutt, in his remarks in the circuit court of the United States 
for the southern district, January 25, 1895, condensed the personal character of 
Mr. Freeman in a few words : "Mr. Freeman was fearless, generous and honest. 
He lived an honorable, and an eminently useful life, 'And thus he bore without 
abuse the grand old name of gentleman.' " 

Isaac N. Phillips, the present reporter, was bom October 24, 1845, in Taze- 
well county, Illinois, to which county his parents came from Wayne county, 
Kentucky, as "early settlers," in 1830. 

He was educated at the Illinois Wesleyan University, attended the old 
Chicago Law School, of which Judge Henry Booth was the dean, and gradu- 
ated in June, 1871. He was admitted to the bar that same summer and has 
practiced since at Bloomington, Illinois, except the four years diving which he 
was chairman of the Illinois railroad and warehouse commission, under Gov- 
ernor Fifer. 

He was appointed reporter of the supreme court October 24, 1894. The 
first volume he reported was 152, and volume 173 has now been issued, and he is 
"up with the court." 



CHAPTER VII. 



LAWYERS OF CHICAGO. 



ELLIOTT ANTHONY.— On a certain occasion, in speaking of the virtues 
of a prominent jurist, Judge Elliott Anthony said : "May our successors 
in the profession look back upon our times not without some kind regrets 
and some tender recollections ; may they cherish our memories with that gentle 
reverence which belongs to those who have labored earnestly, though it may 
be humbly, for the advancement of the law ; may they catch a holy enthusiasm 
from the review of our attainments, however limited they may be, which shall 
make them aspire after the loftiest possessions of human learning ; and thus may 
they be enabled to advance our jurisprudence to that degree of perfection 
which shall make it a blessing and protection to our country and excite the just 
admiration of mankind." The hope that Judge Anthony uttered in those words 
is surely realized in regard to the influence he had upon the jurisprudence of the 
state and the impress he made upon the bar. He was one of the great lawyers 
of. the Illinois bar who lives in the memories of his contemporaries encircled with 
the halo of a gracious presence, charming personality, profound legal wisdom, 
purity of public and private life, and the quiet dignity of an ideal follower of his 
calling. He was for many years in active practice in Chicago, and comparatively 
few men endear themselves to so g^eat an extent to their professional asso- 
ciates and to those with whom they come in contact in the discharge of public 
duties. In his lifetime the people of the state, recognizing his merit, rejoiced in 
his advancement and in the honors to which he attained, and since his death they 
have cherished his memory, which remains as a gracious benediction to all who 
knew him. 

Judge Elliott Anthony was born in the town of Spaflford, Onondaga county, 
New York, June lo, 1827, and is descended from Quaker ancestry, who sought 
religious freedom in New England, and were even then fqrced to take up their 
residence in Rhode Island on account of the persecution of the people of that 
sect in other colonies of the New World. Among the number was the grand- 
father of the Judge, who lived in that section of the colony which was occupied 
by the British and their Hessian troops in the war of the Revolution. Captured 
by the enemy he was forced to do menial service in the British headquarters, 
and the wrongs he thus suffered awakened a resentment against the English 
which is still manifest in his descendants. Other members of the family, how- 
ever, found opportunity to join the American army and did valiant service for 
their country. Isaac Anthony, father of the Judge, was born in Rhode Island, 
and the stories of the Revolution became very familiar to him, awakening a deep 
interest in the affairs of his country, so that at a later day he became an able 

79 



8o THE BENCH AND BAR OF ILLINOIS. 

historian. In the early part of the nineteenth century he went with his father's 
family to New York, a settlement being made at Cambridge, a Uttle village 
about twenty miles from Albany. It was also the home of the Phelps family,— 
emigrants from Vermont,— and Isaac Anthony married Parmelia Phelps. When 
their family numbered four sons and a daughter they removed to the town of 
Spafford, Onondaga county. Once before, the father had made a settlement 
in that county and had resided for a time in Cattaraugus county, but had re- 
turned east at the request of his friends, and Elliott and one sister and three 
brothers had been born in Onondaga county before the final exodus. At the 
time of the second removal the county was still a frontier district, a picturesque 
region of hill, valley and lake, and the farm upon which the family located was 
merely a clearing in the midst of the primeval forest. Three sisters were born in 
this home, and the whole family were engaged in the duties peculiar to a frontier 
settlement ; but these were done with such intelligence and vigor that Mr. An- 
thony became the most prominent farmer in that region, and in addition to the 
advantages of local primary instruction he gave each of his children an academic 
education in Cortlandt Academy, at Homer, which was the leading institution 
in that reg:ion. 

Elliott Anthony, the fourth son, manifested special aptitude in his educational 
labors and made rapid advancement, so that on leaving Cortlandt Academy he 
was permitted to enter Hamilton College, of Clinton, New York, as a sopho- 
more, in the autumn of 1847. He was graduated with honors at that institution 
in the class of 1850, and during the succeeding year he and a classmate, Joseph 
D. Hubbard, had charge of the Clinton Academy, in which Grover Cleveland 
was then a pupil. At the same time Judge Anthony pursued a course of law 
study under the direction of the renowned Professor Theodore W. Dwight, 
who then occupied the chair of law and political economy in Hamilton. In 
May, 185 1, when twenty-four years of age, he was admitted to the bar, at 
Oswego, New York, and determined to enter upon his professional career in 
Illinois, where his brother had previously located. 

Accordingly he took up his residence in Sterling, this state, where he tried 
his first case in a court of record. After about a year he returned to the east and 
was married, July 14, 1852, to Miss Mary Dwight, a sister of his law preceptor 
and a granddaughter of President Dwight of Yale College. With his bride he 
then came to Chicago, where, with the aid of his accomplished wife, he cele- 
brated his first year of residence by compiling **A Digest of the Illinois Re- 
ports," which was received with great favor. He had been in Chicago but six 
years, when, in 1858, he was elected city attorney and distinguished his adminis- 
tration of the duties of that office in many notable cases where new points of law 
were established ; as, for instance, that special assessments cannot be enjoined 
by a court of chancery ; that the city of Chicago cannot be garnished to collect 
salaries or wages of those employed by it ; that no execution can issue against 
the city to collect a judgment, and that the city cannot make contracts with eas 
companies which interfere with the prerogatives of legislation. These are trite 
points now, but they were made against great opposition in eminent quarters. A 



THE BENCH AND BAR. OF U^LINOIS. 8i 

more striking case still was that regarding the liability of a property owner for 
damages due to injuries received from an excavation left open in front of his prem- 
ises. This was in the well known Robbins case, twice tried before the United States 
supreme court, in which the position laid down in Mr. Anthony's brief, that the 
owner was liable to the city where the city is sued and pays the damages, was 
sustained, and the case became the leading authority in the country. Five years 
after his election he was chosen general solicitor for the greatest railway corpor- 
ation then in the northwest, the Galena & Chicago Union Railroad Company. 
He was with it when the great fight over its consolidation with the Chicago & 
Northwestern was on, and led the minority stockholders in one of the most stub- 
bornly contested cases in railway law, and enlisted some of the most eminent 
capitalists in the country, among them Samuel J. Tilden. All the positions of 
^Ir. Anthony's brief were sustained and the parties patched up their differences. 
This brief grew into a treatise on "The Law Pertaining to the Consolidation of 
Railroads," which not only elicited personal congratulations from such men as 
Josiah Quincy, Sidney Bartlett, Justice Swayne, and the late Thomas A. Ewing, 
but has remained the best work on that subject and has attracted much atten- 
tion in Europe. 

The organic law of the state of Illinois, as framed in the constitutions of 
1862 and 1870, bore the impress of the talent and ability of Judge Anthony, who 
^vas a prominent and leading member of both conventions. In the first he was 
associated with such eminent statesmen as Henry Muhlke, Chief Justice Fuller 
and Hon. John Wentworth. In the second were as notable a collection of men as 
ever assembled for Illinois, and Judge Anthony was regarded as the expert on 
constitutional methods and procedure. He was chairman of the executive com- 
mittee and drafted the article relating to that department. He also served upon 
the committees on judiciary and railroads and drafted many of the articles of the 
former and most of the latter. To his foresight is due the provision for the 
appellate courts and additional judges of the circuit and superior courts of Cook 
county to follow the needs of population. In connection with this he was 
always one of the commanding speakers on the floor. 

For the long period of twelve years Judge Anthony sat upon the bench of 
the superior court of Chicago, beginning in the autumn of 1880, and during his 
term he compelled a return to a more strict and correct construction of the law 
m certain features, notably that of self-defense, in which he was the first prom- 
inent jurist to take a bold stand against its abuses. This he did in a work 
entitled "Law of Self-Defense, Trial by Jury in Criminal Cases, and New Trials 
in Criminal Cases," which attracted widespread attention and influenced prac- 
tice to a great degree. His sketches of the courts of England, published in the 
Legal Adviser, attracted much attention about this time, and probably no work 
surpasses his treatise on "The Law of Arrest in Civil Cases." He was twice ap- 
pointed corporation counsel of the city of Chicago. He was always popular with 
the bar, and as founder and president of the Chicago Law Institute, whose 
charter he drafted and whose incorporation he secured, we owe to Judge 
Anthony a debt that can never be paid. In 1859 he was president of the Ex- 



82 THE BENCH AND BAR OF U.LINOIS. 

celsior Society ; was one of the two honorary members of the Chicago Law In- 
stitute; and was president of the Illinois State Bar Association in 1895. The 
last named frequently called upon him for addresses, and that delivered by him 
in 1 89 1 on the Constitutional History of Illinois, as well as that of the following 
year on ^'Remember the Pioneers," were memorable in the annals of the asso- 
ciation. Judge Anthony was a ready and entertaining writer and his historical 
articles have been many and have been widely read. He was the author of the 
Constitutional History of Illinois, The Story of the Empire, Sanitation and Navi- 
gation, which foreshadowed the famous drainage canal of these days, and many 
articles which have been published in the Magazine of Western History. He 
was a man of very scholarly attainments, and was honored in 1889 with the de- 
gree of LL. D., conferred upon him by his alma mater, Hamilton College. His 
extensive and much read library indicates his familiarity with the master minds 
of all ages, and his collection of historical works is very valuable. The cause 

I 

of education and mental culture was always one dear to his heart and for many 
years he was a member of the board of directors of the Chicago public library, 
and did much to promote its interests. Travel also broadened his mind and en- 
riched his writings, and his several trips through Europe resulted in the pro- 
duction of a number of interesting articles from his pen, including a very notable 
one on Russia. 

In politics, Judge Anthony was a conspicuous figure. He was one of the 

founders of the Republican party in Illinois and was a delegate to the first Re- 
publican convention in Cook county. His fitness for leadership called him at 
once to a place among the most eminent men of the party, and in 1880, when 
the conflict over the third-term idea came up he was elected chairman of the 
Cook county convention and delegate to the state convention, whereupon he 
became contesting delegate to the .national convention, where in a stormy debate 
he answered Green B. Raum, General Logan and Emery A. Storrs, and was 
finally admitted to the convention which nominated General Garfield for presi- 
dent. As a citizen he supported every measure for the general good with a 
public-spirited loyalty that was above question. At the bar he was ever 
courteous and fair to his opponents and won their high respect. On the bench 
he fully sustained the majesty of the law ; he was ever dignified, and his opinions 
were models of judicial soundness, based upon a comprehensive understanding 
of the principles of jurisprudence and a masterful skill in applying them to the 
points in litigation. He was never oflfensively aggressive, either in the political 
or legal field, but maintained his stand for the right, as he saw it, with a fixed 
purpose that commanded public confidence, and at the same time was courteous 
to all who differed from him. 

He passed away February 24, 1898, and his death brought regret to the 
entire community in which his engaging personality, his lofty character and ex- 
ceptional attainments made him observed of all men. Like all who walk through 
life on a higher plane than the great majority of his fellows, his companionship 
was select, rather than large, but the many who looked up to him and respected 
him realized as fully as did the few who were near him that a true man had fallen. 






f 



V ' 



c 



* 



V ' 



c 



THE BENCH AND BAR OF ILLINOIS. 83 

Benjamin F. Ayer, for more than forty years a member of the bar of Chi- 
cago, was bom in Kingston, Rockingham county, New Hampshire, April 22, 
1825, and is a son of Robert and Louisa (Sanborn) Ayer. His father 
was bom in Haverhill, Massachusetts, August 14, 1791, and traced his ancestry 
back to John Ayer, who emigrated to America from Norfolk county, England, in 
1637, and took up his residence in Haverhill, Massachusetts, in 1645. The 
mother was a daughter of Benjamin Sanborn, of Kingston, New Hampshire, a 
descendant of Rev. Stephen Batchelder, who came from Hampshire, England, in 
1632, and on the settlement of Hampton, New Hampshire, took charge of the 
first church in that town. Among his descendants were Lewis Cass and Daniel 
Webster. 

Liberal educational advantages fitted Benjamin Ayer for life's duties, and his 
rapid advancement indicated an alert and well-trained mind. His preparatory 
training was received at the Albany Academy, of Albany, New York, after which 
he entered Dartmouth College, where he graduated in 1846. Choosing the law 
as a profession, he prepared himself for its practice by a course of study extend- 
ing over a period of three years, including attendance upon the regular courses 
of lectures at the Dane Law School, — the law department of Harvard Univer- 
sity. Admitted to the bar, he began practice in Manchester, New Hampshire, in 
July, 1849. 

A solid professional reputation can be attained at the bar only by settled 
habits of labor and research, to which must be added the analytic power and 
trained judgment which can clearly and quickly discern the essential points in a 
complicated case and apply to them the precise legal rule. These qualifications 
are among the marked characteristics of Mr. Ayer and early brought him success 
. in his professional career, so that before leaving the east he had a large and 
important clientage. He was honored by his fellow citizens with an election to 
the state legislature in 1853, and the following year was appointed prosecuting 
attorney for Hillsborough county, in which capacity he rendered efficient ser- 
vice to the public until 1857, when he resigned, preparatory to his removal to the 
west. 

Thinking to find a broader and more important field for his labors, Mr. 
Ayer came to Chicago in 1857, and on the 15th of May was admitted to the 
Illinois bar. In 1861 he was appointed corporation counsel for the city of 
Chicago, and during four years' service in that capacity drafted the revised city 
charter of 1863. Soon after his retirement from office he became a member 
of the firm of Beckwith, Ayer & Kales, a connection which was continued until 
1873, when the senior partner withdrew, Mr. Ayer and Mr. Kales, however, con- 
tinuing their association until 1876. 

While not restricting his practice to any single department of the law, Mr. 
Ayer from an early period in his professional career made a close study of corpor- 
ation and railroad law, and was therefore eminently fitted to accept the position 
of general solicitor for the Illinois Central Railroad Company, which was ten- 
dered him in 1876. The following year he was elected a director of that com- 
pany, and on the 1st of January, 1890, became its general counsel. Of late 



84 THE BENCH AND BAR OF ILLINOIS. 

years his attention has necessarily been confined to the legal business of the 
Illinois Central Company, and he has conducted, as its counsel, some of the 
most important litigation in the courts of the country relating to railroad 
interests. Among these cases was the famous one involving the title to the lake 
front and reclaimed ground occupied by the Illinois Central Company in Chicago. 
Another was that involving the right of the Baltimore & Ohio Railroad to re- 
tain station grounds in the yards of the Illinois Central ; and still another, de- 
termining the right of the Chicago, Burlington & Xorthern Railroad to condemn 
ten rniles or more of Illinois Central right of way between Galena and East 
Dubuque. 

A just estimate of Mr. Ayer's professional attainments and achievements 
cannot be better given, perhaps, than in the words of the late William C. Goudy, 
who knew him well and who said : "Benjamin F, Ayer has stood in the first 
rank of lawyers in Chicago for more than thirty years. Nothing has been 
allowed to divert him from his profession. He never relies on others to do his 
work. Every question is investigated until the subject is exhausted. While 
not controlled by precedents, he personally examines every case where the sub- 
ject has been involved, in order to extract the principles applicable to <he matter 
in hand. The most remarkable is the ability to make a connected and logical 
statement of his case to the court. This is done in language which cannot be 
misunderstood, and when presented orally it is with a clear voice and appropriate 
emphasis, giving the greatest pleasure to the listener. The manner is one of 
honesty and candor, which leaves no room for doubt as to his own convictions. 
He has always had the credit of sincerity with the court, stating facts in a 
conservative way and suppressing nothing, regardless of the effect on his case. 
He has always endeavored to aid the court in arriving at correct conclusions, 
both as to fact and law, believing that the highest duty of a lawyer is to see 
that justice is done. In short, he commands the confidence and respect of 
judges and lawyers, and as a citizen is without reproach.** 

Mr. Ayer was married in 1868 to Miss Janet, daughter of Hon. James C. 
Hopkins, of Madison, Wisconsin, and they have four children : Walter, Mary 
Louisa, Janet, and Margaret Helen. Mr. Ayer is a valued member of various 
social organizations. He was one of the founders of the Sons of New Hamp- 
shire, organized in 1889, ^"d ^or ^^o years filled the office of president. He 
is a member of the Chicago Historical Society, the Chicago Law Institute, the 
Chicago Literary Club, the Chicago Club, the American Bar Association and 
the Chicago Bar Association: in 1875 he was president of the latter. In 1878, 
the honorary degree of LL. D. was conferred upon him by his alma mater. 

He is a man of scholarly tastes and his mind has been cultivated bv ex- 
tensive reading and research carried into various fields of literature and science. 
His manner is one of modesty and reserve, yet he is ever most courteous and 
kindly to those with whom he is brought in contact; and those who are ad- 
mitted to his friendship find him a most entertaining, social man, quick to 
recognize commendable traits in others, and always worthy of the highest re- 
gard and esteem. 



THE BENCH AND BAR OF ILLINOIS, 85 

Lysander Hill.— In a classification of the lawyers of Chicago the name of 
this gentleman will occupy a notable place among the distinguished members 
of the profession who have devoted their energies to patent law. This branch 
of jurisprudence, developed within a comparatively short period, is one of 
the most important in its relations to the trade interests of all departments of 
the law. By the protection which it furnishes to inventors, it stimulates all 
inventive genius, and, when superior ability has produced mechanical devices 
whose utility promotes the business interests of the land, patent law protects 
the rights of the inventor from the attacks of the unscrupulous, who would 
take advantage of his genius for their own profit and to the detriment of the 
producer. No more intricate or delicate problems come before the courts than 
those concerning patent litigation, and the man who can successfully handle 
these must not only be well versed in the principles of jurisprudence, but 
must also have a definite knowledge of mechanics that he may prove the orig- 
inality of the invention. In both respects Mr. Hill is well quahfied to handle 
the important interests which are entrusted to his care, and has attained hon- 
orable distinction as one of the ablest patent lawyers of the land. Even be- 
fore he had completed his literary education Mr. Hill had determined to devote 
his life to the practice of law, and the careful pursuit of a well defined purpose 
has gained him prestige in professional circles and also a handsome competence 
which is a well-merited reward of his labors. 

He was born in Union, Lincoln county, Maine, on the 4th of July, 1834, 
a son of Isaac and Eliza M. (Hall) Hill. Among the Puritans who settled 
Massachusetts in the beginning of American colonization were the paternal and 
maternal ancestors of our subject, and thus from a sturdy stock is he descended. 
Having attended the common schools of his native town, he entered Warren 
Academy, where he prepared for college, and in 1854 he matriculated in 
Bowdoin College, in which institution he was graduated in 1858 with the highest 
honors of his class. Soon afterward he carried into execution his plan of pre- 
paring for the bar, and after a comprehensive course of reading in the office 
of A. P. Gould, a prominent attorney of Thomaston, Maine, he was admitted 
to practice in 1859. 

Mr. Hill opened an office there and was intent on building up a good busi- 
ness, when the events which preceded the civil war claimed his attention. 
He watched with growing interest and anxiety the hostile attitude of the people 
of the south, and when war seemed imminent he took an active part in rais- 
ing troops for the government. In April, 1861, he enlisted with an artillery 
company, but this was not accepted for active service, because, as General 
Scott expressed it, "the government already had more artillery than it knew 
what to do with." After the battle of Bull Run Mr. Hill prevailed upon 
Governor Washburn, of Maine, to organize a regiment of cavalry and took 
an active part in raising it, although business duties obliged him to decline a 
commission in it. In the early summer of 1862, however, Mr. Hill entered 
the service as captain of an infantry company belonging to the Twentieth 
Regiment of Maine Volunteers. Colonel Bacheldor, the historian of Gettys- 



86 THE BENCH AND BAR OF ILLINOIS. 

burg, credits this regiment with turning the tide of battle in that decisive en- 
gagement. In 1863 Captain Hill was honorably discharged on account of dis- 
ability and his health was so greatly impaired that his physician forbade a return 
to the north. He therefore located in Alexandria, Virginia, where he resumed 
the practice of law, also conducting a law office in Washington, D. C, at the 
same time. In the former city he was associated with George Tucker, under 
the style of Hill & Tucker. With the close of the war there came an important 
service to perform, — the reconstruction of the south, and in the work of har- 
monizing that division of the country to the new order of things Mr. Hill 
bore an important part and one which redounds to his credit as a citizen, a 
patriot and a friend to humanity. He not only had the confidence of the 
government at Washington but also won the warm regard of his fellow citizens 
of the Old Dominion, who afterward showed their appreciation of his services 
by making a strong effort to confer upon him high judicial honors. In 1866 
he was made a delegate to the Southern Loyalist Convention, which met in 
Philadelphia, and was also a delegate to the Republican national convention, 
at Chicago, in May, 1868. In 1867 he was appointed register in bank- 
ruptcy, and in 1869 resigned in order to accept the appointment of judge of 
the eighth judicial district of Virginia. In that office he discharged his duties 
with such impartiality and marked fairness that an attempt was made, ir- 
respective of party, to place him on the supreme bench of the state. 

Until 1 871 Mr. Hill's law practice was of a general nature, but from that 
time he has devoted his attention almost exclusively to patent and corporation 
cases. In 1874 he left \'irginia, removing to Washington, where he formed 
a partnership with E. A. Ellsworth, under the firm name of Hill & Ellsworth. 
This connection was maintained until 1878, and Judge Hill was then alone in 
business in Washington until 1881, when in the month of May he came to 
Chicago. He formed a partnership with T. S. E. Dixon, which continued for 
nine years, and since that time has been alone in business, enjoying a most 
extended clientage, which comes from all parts of the country, and includes 
many of the most important patent cases that have been heard in the history 
of American jurisprudence. 

In February, 1864, Mr. Hill was united in marriage to Miss Adelaide R. 
Cole, of Roxbury, Massachusetts, and in the company of his wife and three 
children the Judge finds his chief pleasure. His political support is still given 
the Republican party and he is as ardently devoted to the cause as in earlier 
years, notwithstanding the duties of an extensive law practice make it im- 
possible for him to engage in active political work. Of Mr. Hill it has been 
written: "Upright, reliable and honorable, his strict adherence to principle 
commands the respect of all. The place he has won in the legal profession 
is accorded him in recognition of his skill and ability, and the place which 
he occupies in the social world is a tribute to that genuine worth and true 
nobleness of character which are universally recognized and honored." 

Joseph A. O'Donnell. — Among the representatives of the Illinois bar that 
come from the Emerald Isle is Joseph A. O'Donnell, who was bom in the 



THE BENCH AND BAR OF ILLINOIS. 87 

town of Ballina, county Mayo, December 23, 1859, his parents being Patrick 
and Catherine (Nellis) O'Donnell, members of the famous O'Donnell family 
of Ireland. In 1866 they brought their children to the New World, locating in 
Chicago, and Joseph pursued his education in St. Patrick's Academy of this 
city and in the public schools. His school life then ended for a time ; the family 
was in limited circumstances and he was obliged to find employment that he 
might aid in the support of the other children. He entered upon his business 
career as an office boy and later was apprenticed to a mechanical engineer. 
He applied himself with great diligence to the thorough mastery of the work, 
and when only twenty-two years of age was appointed to the important position 
of foreman. During most of this time he attended a night school and studied 
mechanical drawing, engineering and other kindred subjects, eagerly embrac- 
ing every opportunity for gaining a comprehensive knowledge of his trade. 

The arduous labors which he performed, however, undermined his health 
and led to his determination to make the practice of law his life work. He had 
previously read Blackstone's Commentaries on English law and Kent's Com- 
mentaries on American law, and had also studied Latin during his leisure hours 
in morning and evening. He was graduated in the Union Law College of Chi- 
cago, in 1887, with the degree of LL. B., won a senior diploma, and later took 
a post-graduate course, winning the degree of Master of Law. From the be- 
ginning he has been very successful in his practice and has always enjoyed 
an extensive and lucrative clientage. He is of a studious disposition, possesses 
a keen, analytical mind and is very thorough and exact in the preparation and 
conduct of the litigated interests entrusted to his care. 

While Mr. O'Donnell has won a creditable position at the Chicago bar, 
he has also become prominent in political circles and his influence is strongly 
marked in the counsels of the Democratic party, with which he has been as- 
sociated since attaining his majority. In 1889, 1891 and 1893 he was elected 
from the ninth district to the general assembly, and was also in attendance 
at the special session called to consider the World's Fair bill. During the 
last two sessions he was a member of the steering committee of the house, and 
his able management led to not a few successes for his party. He was instru- 
mental in securing the passage of a number of irnportant bills, and it was through 
his efforts that the Australian ballot law was placed on the statute books of this 
commonwealth. The bill was introduced by him and engineered by him through 
the house. He was well known as one of the leading orators of the assembly, 
and while he did not resort to the use of flowery phrases to any extent his sound 
logic and evident belief in all he advocated produced great effect upon his 
auditors. He was also associated with the '*one hundred and one" who secured 
the election of General Palmer as United States senator. 

In 1886 Mr. O'Donnell married Miss Rose E. Dugan, whose father, 
Thomas Dugan, was one of the pioneers of the city, of 1833! He belongs to a 
number of distinctly Irish societies and in addition holds membership in the 
Royal League, Ancient Order of United Workmen, National Union and the 
Knights of the Maccabees. For five years he was a member of the Second 



88 THE BENCH AND BAR OF ILLINOIS. 

Re^nient, Illinois State Militia, in which he held the rank of first lieutenant. 
In his religious associations he is a Roman Catholic. In 1894 he revisited the 
land of his birth, and also viewed many of the places of historic and modern 
interest in England and Scotland. His courteous, affable manner renders him 
a general favorite and his friends are many. 

Francis W. S. Brawley. — In the death of the honored subject of this 
memoir there passed away another member of that little group of distinctively 
representative lawyers who were the pioneers at a bar now famous for the 
brilliant achievements and deep learning of its members. His name is familiar 
not alone to the residents of northern Illinois, but to all who have been in the 
least intimately informed as to the history of jurisprudence in this state. For 
a half century he practiced in the courts of this commonwealth, winning a name 
and fame that have left their impress upon our judicial history and that ever 
reserved for him a place among the most prominent representatives of the bar. 
He never confined his attention exclusively to one line of the law, but had 
a comprehensive knowledge of its various departments and had the abiUty 
which enabled him to master the intricacies of each branch. There is in his 
history a mastering of expedients and a utilization of opportunities that fur- 
nish an example well worth emulation, as it illustrates what can be accom- 
plished through determined purpose and well directed energy. 

Mr. Brawley was born at North East, Erie county, Pennsylvania, his par- 
ents being John and Mary (Saltsman) Brawley. His ancestors were among 
the Pennsylvania colonists and w^ere of Scotch lineage. His early childhood 
was spent on his father's farm, but while he was still young the family re- 
moved to a village in western Pennsylvania and later to the city of Erie. In 
the latter place he acquired an academic education, and resolving to find in 
the legal profession his life work, began the study of law, in the office of Hon. 
John Galbraith, a distinguished jurist, who carefully directed his reading. He 
applied himself with such diligence that he was ready for admission to the bar 
at the age of twenty, but the laws of his state prevented the practice of any 
lawyer under the age of twenty-one, and until time should qualify hijn for his 
chosen calling he resolved to emigrate westward and seek a location in the 
Mississippi valley, whose rapid development promised a good field for the young 
and ambitious. 

In 1845, therefore, Mr. Brawley arrived in Chicago. His financial resources 
were limited and in order to gain a living he accepted a position as compositor 
on a Chicago newspaper, having acquired some knowledge of the printer's 
art while in the east. While thus employed he spent more or less time in the 
courts and learned something of western methods of practice, and was much 
interested in watching the work of the old-time leaders of the Chicago bar. 
The termination of one of the cases that came under the jurisdiction of the 
court of this city was rather amusing as showing new methods of administering 
justice. A fugitive slave had been apprehended in Chicago by his pursuers 
from a southern state and was taken before a justice of the peace. A great 
crowd gathered around the magistrate's office, and when the negro was brought 



THE BENCH AND BAR OF ILLINOIS, 89 

out they closed around him and by some peaceable means separated him from 
those who had him in charge. They then started him running down the street 
and fell in behind him and before his captors, ostensibly as active and zealous 
pursuers. In this way, without any violence to the slave hunters, they kept the 
latter in the rear until the negro was lost to sight, and ultimately, by means 
of the historic underground railroad, he found his way into Canada ! 

Thus working at the printer's trade and attending court as opportunity 
offered Mr. Brawley passed a few months, but tiring of the life he determined to 
go further west and started for Iowa by stage. He first stopped at Freeport, 
Illinois, and then went on horseback to southern Wisconsin. On his return 
he met a minister who induced him to accept a school in Freeport until such 
time as he might be ready to enter upon the practice of his profession. 

It was thus that Mr. Brawley became a resident of Freeport, where he made 
his home for twenty-three years, becoming the foremost member of the bar 
of that place. He was married there in 1850, to Miss Mary Reitzell, a daughter 
of one of the pioneers of Stephenson county, and establishing a home there 
was long identified with its interests. After teaching school for a year he was 
examined for admission to the bar by Madison Y. Johnson, Colonel Jason 
Marsh and Thomas Goodhue, and being licensed to practice entered upon his 
professional career in association with Hon. Martin P. Sweet, an able advocate 
and counselor, who greatly assisted his young partner in the active workings 
of the law. On the termination of their partnership Mr. Brawley became a 
partner of Hon. J. M. Bailey, subsequently one of the judges of the supreme 
court of Illinois, and the firm at once took a leading rank at the bar of Free- 
port, where they continued practice until 1869, when seeking a broader field 
they came to Chicago. They were retained as counsel on one side or the other 
of every important litigated interest of Stephenson county, and in matters of 
public importance outside the line of his profession Mr. Brawley was also a 
recognized leader. He served for two terms as county superintendent of schools 
and was long a member of the board of education of Freeport. He prepared 
the special charter under which the schools of Freeport have since been con- 
ducted, and which is recognized as formulating one of the best educational 
systems of the state. As a Douglas Democrat he interested himself in politics, 
and during one of the stirring campaigns early in the '50s he purchased and for 
a time edited the Freeport Bulletin, which was one of the most ardent champions 
of Democratic principles as represented by the distinguished Illinois senator. 
In 1852 a long and bitter contest for the postmastership of Freeport was waged 
between rival aspirants for the position, and it was suddenly terminated by the 
appointment of Mr. Brawley, who had been neither an applicant nor an aspirant 
for the position, and who, until he received his commission, had no knowledge 
that his name had been considered in connection with the office. He served in 
that capacity for six years, and during that period was several times elected 
city attorney of Freeport. 

In 1869 Mr. Brawley returned to Chicago and from that time until his 
death, which occurred August 19, 1898, was a conspicuous figure at the bar 



90 THE BENCH AND BAR OF ILLINOIS. 

of the metropolis by reason of his versatility, his wide learning and his ability 
to determine with accuracy the special point in law that applied to the litigated 
interest. He had previously given his attention largely to railroad and in- 
surance litigation, but on locating in Chicago did not confine himself to any one 
branch of the law and won splendid success in various branches of jurisprudence. 
His partnership with Judge Bailey continued until the latter's elevation to the 
bench, when he became a partner of Hon. Thomas J. Turner. His practice 
constantly grew in volume and importance, and from the beginning of his 
career as a legal practitioner his efforts have been attended with success. He 
mastered the science of jurisprudence, and his deep research and thorough 
preparation of every case committed to his care enabled him at once to meet 
any contingency that arose. His cause was fenced about with strong logic and 
his arguments were cogent, concise and followed each other in natural sequence, 
forming a chain of reasoning that his opponents found difficult to overthrow. 
Probably sixty cases with which he was identified were carried to the supreme 
court of the state, and in a considerable number of them important principles 
of law were for the first time clearly enunciated and important precedents 
established. A large and distinctively representative clientage attested his abil- 
ity and he long ranked very high at the Chicago bar. 

Previous to the World's Columbian Exposition of 1893 he was chairman 
of the society of Pennsylvania residents in Chicago, who enthusiastically and 
assiduously labored to have that fair held in Chicago, as it eventually was, 
the Keystone state, in congress, with almost entire unanimity voting for Chicago 
as the locality for the fair. Of the Knight Templar Commandery he was a 
valued and prominent member, and in the Protestant Episcopal church he 
also held membership. A man of scholarly tastes and studious habits, he spent 
many pleasant hours with his favorite authors, and his kindly impulses and 
charming cordiality of manner rendered him exceedingly popular among his 
many friends. 

Judge Thomas Guilford Windes, of the appellate court of the first district, 
has been a member of the Chicago bar for almost a quarter of a century. He 
was born in Morgan county, Alabama, January 19, 1848, and is of Scotch 
descent, the original American ancestors of the family having come to the New 
World prior to the Revolutionary war. His father, Rev. Enoch Windes, was 
a minister of the Baptist church, and wedded Mary Ann Ryan, a lady of Irish 
lineage, whose people were among the pioneers of Kentucky. 

Jud<:i:e A\' indes was educated in an academy at Huntsville, Alabama, and was 
engaged in farming until sixteen years of age. He then entered the Con- 
federate service as a cavalryman under General Forrest, and was at the front 
until the close of hostilities. He read law under the direction of the firm of 
Beirne & Gordon, of Huntsville, and in 1867-8 was a law student in the Uni- 
versity of Virginia, after which he engaged in teaching school until admitted 
to the bar at Jasper, Tennessee, in 1870. Through the succeeding two years he 
engaged in merchandising and in farming, but, meeting with an accident, he 



THE BENCH AND BAR OF ILLINOIS. 91 

resolved to come to Chicago, and has since been identified with the interests 

of this city. 

Judge Windes was employed in various ways until September, 1873, when 
he secured a situation as a law clerk. In the summer of 1875 he was admitted 
to the Illinois bar and has since engaged in practice. For some years he was 
associated in a partnership with Alexander Sullivan, and much important liti- 
gation fell to their share. In November, 1880, our subject was appointed master 
in chancery of the circuit court of Cook county and served for twelve years, 
when, in 1892, he was elected judge of the circuit court. In June, 1897, he 
was appointed to the appellate bench, and has long since demonstrated his right 
to be classed among the ablest jurists of the state. His decisions indicate strong 
mentality, careful analysis, a thorough knowledge of law and an unbiased judg- 
ment. He is also possessed of that self-control which enables him to lose his 
individuality and put aside all personal feelings and prejudices, in order that 
he may impartially and righteously dispense justice. 

In 1868 Judge Windes was united in marriage to Miss Sallie C. Humphrey, 
daughter of Boyle P. Humphrey, a prominent planter of Madison county, 
Alabama. They have four children and reside in a pleasant home in Winnetka. 
The Judge is a Baptist in his religious views, and a Democrat in his political 
faith. 

Eben Fitch Runyan.— ^Only five members of the Chicago bar in the present 
year, 1898, were practicing here at the time of Mr. Runyan's arrival in 1855. 
He may therefore be said to be one of the pioneer lawyers of the city, and 
through the four decades that have since come and gone he has ever occupied 
a prominent position in the foremost rank of the legal practitioners of the 
western metropolis. His life has been one of untiring activity and has been 
crowned with a high degree of success, yet he is not less esteemed as a citizen 
than as a lawyer, and his kindly impulses and charming cordiality of manner 
have rendered him exceedingly popular among all classes. The favorable judg- 
ment which the world passed upon him in his early years has never been set 
aside nor in any degree modified. It has, on the contrary, been emphasized 
by his careful conduct of important litigation, his candor and fairness in the 
presentation of cases, his zeal and earnestness as an advocate, and the generous 
commendation he has received from his contemporaries, who unite in bearing 
testimony as to his high character and superior mind. 

Eben F. Runyan was born in Victory, Cayuga county, New York, December 
3, 1 83 1, and remained in his native town until the spring of 1838, when his father 
died and he was compelled to care for himself. His educational privileges 
were somewhat limited. He attended the common schools and later pursued his 
studies in the Waukegan Academy, of Waukegan, lUinois, when Hon. Francis 
E. Clark was principal, and his wife, then Miss Hannah Scott, was one of the 
teachers. Of a studious nature, Mr. Runyan, through his childhood and youth, 
spent much of his leisure time in the perusal of books and thus gained a broad 
knowledge which largely assisted him in the acquisition of legal lore. In the 
spring of 1849 he entered the store of Captain T. F. Comstock, at Wilton, 



92 THE BENCH AND BAR OF ILLINOIS. 

Saratoj^a county, New York, and remained in that employ until the spring 
of 1850, but he did not find that occupation congenial, although he gave entire 
satisfaction to his employer, and resolved to seek a home in the west. In April 
of that year he started for Illinois, making the journey almost entirely on foot, 
and from the nth of June until March, 1853, was engaged during the summer 
months in farming in McHenry county, Illinois, while during the winter season 
he taught school. In the spring of 1853 he continued his own education in 
Waukegan Academy, and on leaving that institution entered upon the study 
of law in the office of W. S. Searls, being admitted to the bar in ,the spring of 
1855. Then, as now, he believed that whatever is worth doing is worth doing 
well, and was so strict in his adherence to the rules, forms and principles of the 
text-books that for years after he commenced the practice of law he would not 
himself use, nor would he permit a student in his office to use, a blank in the 
preparation of a case for court. 

In June, 1855, ^*r. Runyan opened a law office in Chicago and from the be- 
ginning met with excellent success in his practice, which has always been of 
a general character, embracing many departments of the law, in all of which 
his knowledge is comprehensive and accurate. On the ist of January, 1856, 
he formed a partnership with T. B. Brown, of Chicago, under the firm name 
of Brown & Runyan, an association that was maintained until 1859. His 
next partner was Daniel J. Avery, who had formerly been a student in his 
office, and under the style of Runyan & Avery they conducted a successful 
practice until 1870, when E. F. Comstock was admitted into the firm, and its 
style became Runyan & Comstock. Later, by the admission of other partners, 
it became Runyan, Avery, Loomis & Comstock. Mr. Loomis was admitted 
in 1872 and this relation was maintained until November, 1876. Since 1888 
the present firm of Runyan & Runyan-7-father and son — has occupied a prom- 
inent pogition at the Chicago bar. 

A contemporary biographer has said of the senior partner: **During the 
forty years Eben F. Runyan has been at the Chicago bar he has tried more 
cases than any other lawyer. He has attended strictly to business and has 
been at his office early and late. As a trial lawyer he is possessed of ability of a 
high order. He is devoted to the interests of his client and makes his cause 
his own. Whenever he sees defeat is certain, he never hesitates to advise a 
settlement. He has the happy faculty of sifting the evidence and presenting 
clearly and concisely to a court or jury the strong points in a case, and is a 
convincing speaker and successful lawyer." From another publication we 
quote the following: "Thoroughly skilled in the science which he practices, 
of great discernment, with a sharp faculty for analyzing evidence and a readiness 
of resource in argument, he has attained great prominence as a pleader at the 
bar; and his success is attested by numerous clients. He has won his way 
to the position of a leading lawyer of Chicago by the exercise of a well culti- 
vated mind and a ceaseless energy. These qualifications, added to a fair-mind- 
edness which enables him to see both sides of the question, perfect self-control 



THE BENCH AND BAR OF HJJNOIS. 93 

and a pleasing courtesy of manner, have won for him the respect and good will 
of his fellow members at the bar and will make him an ideal judge." 

In the spring of 1898 he was nominated for judge of the circuit court on the 
united silver ticket. 

The subject of this review is a member of the Law Institute ; in politics he 
has always been a stanch Democrat; and from 1864 until 1874 he was a member 
of the board of education of Chicago, and has always been deeply interested in the 
welfare of the city schools. He served as vice-president of the board and was 
twice elected its president. Upon the organization of the board of park com- 
missioners of West Chicago, he was appointed by the governor one of its 
members and was connected with the board for about seven years, his efforts 
being largely instrumental in the establishment of the three splendid west side 
parks and the boulevards connecting them. He has been a man of great activity 
and enterprise and has done much to develop the resources of Chicago. In 
religion he adheres to the Baptist faith, and is a member and trustee of the 
Fourth Haptist church. He resides at No. 804 Walnut street and has many 
warm friends in the city, some of forty-three years' standing, the whole period of 
his residence in Chicago. 

On the 2d of January, i860. Mr. Runyan was married to Miss Flora R. 
Avery, of Waukegan, Illinois, and to them have been born six children, one 
of whom is Mr. Runyan's law partner. 

Otto (Jresham, who for five years has engaged in the practice of law at 
the Chicago bar. was born on the 30th of January, 1859, in Corydon, the old 
capital of Indiana, and is the only son of Judge Walter Q. and Matilda (Mc- 
Grain) Gresham. His preliminary educational training was supplemented by 
study in Santa Clara College, of Santa Clara, CaHfornia, and in Wabash College, 
of Crawfordsville, Indiana, and he graduated in the latter institution with the 
class of 1881. With the example of his illustrious father to serve as inspira- 
tion and encouragement, and prompted by his own tastes and incHnations, he 
took up the study of law in the office of Haker, Hord & Hendricks, of Indianap- 
olis, and the following year was admitted to the bar; but though his progress 
was rapid and his efficiency satisfactory for his admission, he was not content 
with his preparation and entered the Columbian Law School, of Washington, 
D. C, in which institution he was graduated in the class of 1884. 

Mr. Gresham then returned to Indianapolis and began the practice of law. 
His was the usual experience of the members of the profession to whom success 
comes only as they demonstrate their ability. Weahh and influence cannot gain 
advancement in the law and realizing this Mr. Gresham applied himself earnestly 
to his work, and won advancement through his ability to handle successfully 
the intricate problems of jurisprudence. In 1889 (Governor Hovey offered him 
the appointment to a place on the circuit bench to fill a vacancy, but he declined 
the honor and continued in the private practice of law in Indianapolis until 
i^J3. when he came to Chicago. He is now enjoying a Hberal clientage and is 
recognized by the profession as a lawyer whose talents and energies will win him 
still greater success. He is a member of the Indianapolis Bar Association, the 



94 THE BENCH AND BAR OF ILLINOIS. 

Chicago Law School, the University Club, the Chicago Athletic Club, the Calu- 
met Club and the Beta Phi Pi, a college fraternity. 

John C. Black. — As a distinguished member of the bar, as a statesman of 
prominence, on the lecture platform and in Grand Army circles. General John 
Charles Black is so well known that he needs no introduction to the readers of 
this volume. His career has conferred honor and dignity upon the profession 
and civic organizations with w^hich he is associated, and there is in him a weight 
of character, a native sagacity, a far-seeing judgment and a fidelity of purpose 
that commands the respect of all. 

General Black was born in Lexington. Mississippi, on the 27th of January, 
1839. His parents were Pennsylvania people, and his father died in 1847. I^ 
March of the same year the son came to Illinois, — being then only eight years 
of age, — and has since been a resident of this state, living at different times in 
Danville, Champaign, Urbana and Chicago. For four years he was in the 
military service of his country. 

Prompted by a spirit of patriotism he volunteered on the iSth of April, 1861, 
and as a private soldier and non-commissioned officer served with the Eleventh 
Indiana Infantry. He afterward became colonel of the Thirty-seventh Regiment 
of Illinois Volunteers, and brevet brigadier general. Until the 15th of August, 
1865, he remained in the army that fought for the perpetuation of the Union, 
and was absent from the front for only one month, during which time he was 
recruiting a company for the field and while suffering from wounds. He was 
twice wounded and his injuries resulted in the incapacitating of both arms for 
many years. 

At the time he joined the army General Black was pursuing the work of 
the junior year in college, and by his own labor was meeting the expenses of the 
course. Upon his return from the south he took up the study of law, and is now 
a practitioner at the bar of the various state and federal courts, including the 
United States supreme court. He first opened a law office in Danville and sub- 
sequently engaged in practice in Champaign, where he soon secured a lucrative 
and extensive patronage, being for some time in command of one of the largest 
law practices in central Illinois. During this time his fitness for leadership 
and his comprehensive understanding of the political problems of the day gained 
him prominence in the Democratic party, of which he has long been a stanch 
adherent, and he was frequently engaged in labors for the advancement of the 
party's interests. On the 7th of March, 1885, he was appointed by President 
Cleveland to the position of commissioner of pensions and continued in that 
office until March 27, 1889, when he tendered to President Harrison his resigna- 
tion. 

On the 29th of May, 1889, General Black took up his abode in Chicago 
and resumed the practice of law, his marked ability, wude legal lore and accuracy 
in the application of judicial principles to the points in litigation securing to him 
a distinctively representative clientele. His party, however, was not content 
that he should devote his talents entirely to the law, and in 1892 he was nom- 
inated a candidate for congressman at large. Elected in the fall of that year. 






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THE BENCH AND BAR OF ILLINOIS. 95 

he served from the 4th of March, 1893, until December, 1894, when he resigned 
in order to accept the position of United States district attorney for the northern 
district of Illinois, to which he was appointed by President Cleveland, and to 
which he qualified January 12, 1895. He, until January, 1899, occupied that 
office, and he has maintained a general practice, in both the state and federal 
courts. He has successfully conducted some of the most important cases ever 
heard in those courts. The essential qualifications of the truly great lawyer are 
his, — comprehensive knowledge of the principles of jurisprudence and familiarity 
with the long line of decisions, careful preparation of cases and the logical 
assembling of the points in evidence, combined with a clear, cogent and forceful 
presentation of the case to judge or jury. He has, too, a full appreciation of 
the allegiance which he owes to the majesty of the law, and realizes that the 
duty of the lawyer is to aid the court to arrive at just conclusions, and no mem- 
ber of the profession is more careful to conform his practice to a high standard 
of professional ethics. 

General Black is also an orator of ability, and under the adornments of 
rhetoric is the substratum of deep thought and earnest purpose which never fails 
to hold the attention of his auditors. Three of the speeches which he delivered 
while in congress attracted general attention, one on the Hawaiian question, 
another on the subject of pensions, and a third delivered on the occasion of the 
presentation of the bronze statue of General Shields by the state of Illinois to 
the United States. The General is frequently called upon to address public 
assemblages on matters of importance and general interest. At different times 
he has delivered addresses on John Marshall, on U. S. Grant, and on Abraham 
Lincoln, and on the 23d of April, 1888, he addressed the Iroquois Club in a most 
pleasing manner on the subject of Triumphant Democracy. His prominence 
in Grand Army circles is shown by his election, in the spring of 1898, to the 
position of department commander of the Illinois G. A. R. He has also been 
elected commander of the Illinois Commandery of the military order of the 
Loyal Legion of the United States. 

In 1867 General Black was united in marriage to Miss Adeline L. Griggs, 
who has ever since been to him a wise and encouraging companion and help- 
mate. To them have been born four children : Grace, now the wife of F. B. 
Vrooman; John, a promising attorney; Josephine L., who died at the age of 
six years ; and Helene, who completes the family. 

Such in brief is the history of one of Chicago's representative citizens. 
Popular among his army comrades, accorded recognition for his high legal 
talents, admired for his splendid oratorical ability, and esteemed for his genuine 
worth,— this is the summary of the life and character of General John C. Black. 

Adolph Moses is a prominent member of the Chicago bar, where he has 
practiced for almost thirty years. The bent of his mind is analytical and crit- 
ical, a characteristic which not only ably fits him for his chosen calling but also 
enables him to gain the essence of all literary productions, to determine with 
accuracy the underlying principles of all measures of state, and to catch with 
special quickness the permeating truth of any argument or line of thought that 



96 THE BENCH AND BAR OF ILLINOIS. 

may be presented t)y a speaker. His criticisms therefore are the logical de- 
ductions of his analysis, and are ever comprehensive in their understanding and 
correct in conclusions. 

A native of (iermany. Mr. Moses was born in Speyer, the capital of the 
Palatinate, February 27, 1837, ^"^^ *" ^^^^ public and Latin schools of that coun- 
try prepared for the study of law, beinj^^ destined for that profession by his par- 
ents as well as by his ow^n taste and inclinations. Race prejudice, however, 
made it difficult for him to gain advancement in Germany, and accordingly he 
came to the "land of the free/' arriving at New^ Orleans on the 22d of December, 
1852. r^or some years he was a law student in the Louisiana University under 
the preceptorage of Randall Hunt, Christian Roselius, Alfred Hennen and Judge 
Thomas M. McCaleb. Graduated in March. 1861, he was then admitted to 
practice at the bar of Louisiana and entered upon his professional career. How- 
ever, the events in that period of our national history caused him to put aside 
all personal considerations for the time being. Having spent nine years in the 
south, and naturallv imbued with the sentiments common to all classes in that 
state, his sympathies went out to the Confederacy, and as one of the officers 
of the Twenty-first Louisiana Regiment he served for nearly two years. 

On the expiration of that period Mr. Moses came north and took up his 
residence in Quincy, Illinois, W'here he remained until 1869, and since that time 
he has been a member of the Chicago bar. To occupy a foremost place in the 
legal profession in this city with its hundreds of lawyers demands a superior 
skill, a comprehensive knowledge of the science of jurisprudence and extreme 
accuracy in the application of its principles to the points in litigation, and such 
elements are characteristics of Mr. Moses' law practice. The extent and variety 
of his legal business can be seen by reference to the reports of the supreme and 
appellate courts, where the briefs and arguments of his firm are of frequent 
occurrence. As a lawTer he is exceedingly painstaking, of good judgment as to 
the merits of a controversy, and especially devoted to the interests of his clients. 
His manner in court is one of eminent courtesy and fairness to judge, counsel 
and jury, but he is also very independent and firm in his relations to bench 
and bar. As a speaker he is clear in his statements and forcible in delivery. 
The judge gives him undivided attention, and the jury follows his compact sen- 
tences with unflagging interest to the end. 

Mr. Moses is also a writer of force and merit and has now in process of 
compilation a work entitled "Rambles through the Illinois Reports," which 
commenced with the first volume of the Breese Reports and has already reached 
volume 19. It is intended by the editor to illustrate the judicial, political and 
social history of the state and its people through the adjudicated cases, and to 
accompany them with all sorts of biographical data. Mr. Moses is a valued 
member of the American, Chicago and State Bar Associations, and of the last 
named has served twice as vice-president. 

In 1890 he founded the National Corporation Reporter, a journal devoted 
to the interests of business corporations, and whose sole editor he is. He has 



THE BENCH AND BAR OF ILLINOIS. 97 

also established the United States Corporation Bureau, which has for its object 
the collection of information in regard to corporations. 

At the opening of the consolidated supreme court in October, 1897, Mr. 
Moses was selected by the bar of Illinois to deliver the address of welcome to 
the court, which is published in extenso in the annual report of the State As- 
sociation^ of 1898. 

In 1869 Mr. Moses was married, and his two sons are members of the law 
firm of Moses, Rosenthal & Kennedy, of which their father is the head. In 
politics he is a conservative Democrat, and in 1879 received the nomination 
of his party for judge of the superior court, but failed of election. He has never 
been ambitious for political preferment, but consented to act as one of the di- 
rectors of the Chicago Public Library, filling that responsible position for a term 
of six years, and as chairman of the library committee he gave the library special 
attention which advanced the institution in no small degree. He is a member 
of various social, benevolent and poHtical organizations, including the Masonic 
fraternity, the Standard, Lakeside and Iroquois Clubs, and the Independent 
Order of B'nai B'rith, of the national convention of whose lodges he was the 
first president in 1869. He is also a member of the Sinai Congregation, pre- 
sided over by Dr. Emil G. Hirsch. He resides at 4139 Drexel boulevard. 

George W. Newcomb. — A lawyer in whom is placed implicit reliance and 
whose practice has been to a very large degree in that department of the law 
which demands of its representatives the utmost reliability and most unswerving 
fidelity to the interests entrusted to his care, is George W. Newcomb, who as a 
law clerk became identified with the legal business of the city in 1852 and who 
for forty-five years has been a licensed member of the Chicago bar. Although 
his practice has been of such character as not to bring him conspicuously be- 
fore the attention of the public, as does that of the criminal lawyer, nevertheless 
he holds an enviable position in the ranks of his professional brethren and stands 
as a worthy exponent of those principles of jurisprudence which, having for 
their foundation true justice, are as eternal and unalterable as the everlasting 
hills. 

George Whitfield Newcomb was born in the little village of Putney, Wind- 
ham county, Vermont, on the 12th of April, 1825, and is descended from some of 
the most notable families of America. His ancestry can be traced in direct line to 
Governor William Bradford, the first governor of Plymouth colony, who with the 
historic band of Pilgrims on the Mayflower made the first settlement on the bleak 
New England coast. His ancestors also include several Revolutionary heroes * 
who valiantly fought for the independence of the nation. His grandfather, 
William Newcomb, was a private in the colonial army and was with Washing- 
ton's command in Pennsylvania when several times it waded the Schuylkill 
river during a winter's night. He was with the party that rowed General Wash- 
ington's boat through the icy water of the Delaware river on the terrible night 
preceding the battle of Trenton. Another of the early ancestors, Lieutenant 
Andrew Newcomb, was in command of the fortifications for a period during 
Kingr William's war in the latter part of the seventeenth century; and others 



98 THE BENCH AND BAR OF ILLINOIS, 

gallantly served their country in the Revolution, including Governor Brad- 
ford's son, Major William Bradford, whose service has become a part of the 
history of that period. 

The parents of Mr. Newcomb were Asahel and Lucinda (Sykes) Newcomb, 
and when the son was three years of age they removed to Whitestown, New 
York, where he acquired his preliminary education. At the age of fourteen he 
entered Whitestown Academy, and while a student there had awakened within 
him a desire to attend college. He pursued a preparatory course in Whitestown 
Seminary, and became a sophomore in Hamilton College in 1846. He had 
scarcely matriculated when he accepted an offer of twenty dollars per month 
and board to teach school at Sherburne, Chenango county, New York, as he was 
entirely dependent upon his own resources for the means of carrying him 
through college. He devoted his leisure time to the study of the branches taught 
in the regular college course, kept abreast of the class and in the third term of 
the sophomore year was again enrolled as a student in Hamilton College, where 
he won the degree of Bachelor of Arts, in 1849. Accepting the principalship 
of Ames Academy, of Montgomery county, New York, he continued in that 
position imtil chosen principal of the Utica Academy, of Utica, New York, but 
after a few weeks' service in the latter capacity ill health forced him to resig^. 

After some months, having somewhat regained his strength, he determined 
to seek health and a business opening in the west, which offered an attractive 
field to the ambitious young man who was determined to work his way upward 
by his own efforts, conquering an adverse fate by determined purpose and un- 
abating energy. Accordingly in July, 1852, Mr. Newcomb arrived in Chicago, 
but afterward spent a few weeks in visiting relatives in Kane county, Illinois, 
and friends in Waukesha, Wisconsin. He then returned to Chicago and with a 
cash capital of twenty dollars and a half began life in the western metropolis, 
which, however, at that time gave little indication or promise of its present pros- 
perity and greatness. He saw^ a sign in an employment office saying that a 
clerk who could speak German was wanted in a law office; but on entering he 
was told that the information as to the position would cost him fifty cents. At 
that time fifty cents seemed to him a large capital, but he finally paid it and was 
told that the law office was just across the street, and though a German-speaking 
clerk was preferred one who could not speak that language would not be de- 
clined. Thus he became an employe in the office of Skinner & Hoyne, at a 
salary of two dollars per week. It would have been impossible for him to meet 
"his expenses had not Mr. Hoyne gone on a vacation about that time and asked 
the young clerk to room at his residence and protect his family. 

While pursuing his clerical duties Mr. Newcomb devoted all his leisure 
time to the study of law, and in February, 1853, was admitted to the bar ; but 
after practicing for a short time he was offered and accepted the position of 
cashier in a private bank, where he remained for two years, when he entered 
upon an independent business career. He has g^ven his time and attention 
mostly to probate-court work and to the real-estate branch of the law, such as 
examining titles, conveyancing, settlement of estates, etc. ; while the business of 



THE BENCH AND BAR OF ILLINOIS. 99 

loaning money on real-estate security gradually increased until it claimed much 
of his time. The acquaintances which he made while in the bank placed money 
in his hands to loan after he had severed his connection with the bank, and 
friends of theirs in the east also trusted Mr. Newcomb with large amounts of 
money to invest in mortgages. In the line of his profession he has been very 
successful and as a probate and realty lawyer has had charge of some very 
important litigated interests. 

On the 1st of February, i860, Mr. NeWcomb was united in marriage to Miss 
Mary Eliza Eddy, daughter of Azariah and Harriet M. (Hooker) Eddy. Mrs. 
Newcomb was a lady of marked culture and refinement, of brilliant intellectual 
endowments and most kindly and generous disposition. She found her greatest 
pleasure and happiness in ministering to those of her own household and in 
relieving the needs of the poor or suffering. Through the last years of her life 
she was in ill health, but she bore her sufferings uncomplainingly and by her 
cheery and helpful disposition made sunshine in the home. Her death occurred 
September 11, 1892, and six children were left to share with the husband in 
his great loss. Since i860 Mr. Newcomb has occupied his comfortable residence 
at No. 236 Warren avenue, and there his children have all been born, namely : 
Mary Harriette, wife of Edward J. Vaughan, of Chicago ; George Eddy, a well 
known lawyer of Chicago ; William Henderson, who is also a member of the 
legal fraternity; Helen Maria, now Mrs. U. G. Couffer; Bessie Jeanette, and 
Francis Herbert. 

Mr. Newcomb has membership connection with, and is a valued representa- 
tive of, the old Tippecanoe Club, the Sons of Vermont, the Illinois Sons of the 
American Revolution and the Society of the Colonial Wars. In ante-bellum 
days he was strongly opposed to slavery, and when the Republican party was 
formed of those who shared his views he became one of its loyal and earnest 
advocates. He served as supervisor of Cook county under the early township 
organization, and in 1876 led the Republican ticket as the candidate for Cook 
county commissioner. He has always been zealous in his advocacy of any 
movement or measure for the public good, and stands among those representative 
Americans who place the national welfare before partisanship, and the public 
prosperity before self-aggrandizement. This review would be incomplete with- 
out mention of what is perhaps Mr. Newcomb's strongest characteristic, — his 
fidelity to every trust reposed in him; and to do this we probably can not do 
better than to quote from a contemporary biography which said : "While Mr. 
Newcomb was engaged in loaning money and making investments, he formed the 
acquaintance of Dr. Swayne Wickersham and there sprang up between them a 
friendship ideal in character and terminated only by death. No one was better 
able to judge of the character and life of Mr. Newcomb than the Doctor, who 
knew him so long and intimately. He left a characteristically short and concise 
will, consisting of seventy-four words, divided into four clauses, the fourth 
clause reading as follows: T appoint my old friend, George W. Newcomb, 
of Chicago, my executor, and I direct that no bond be required of him ; he is 
an honest man.' Much that is laudatory might be written of Mr. Newcomb, 




u 



loo THE BENCH AND BAR OF ILLINOIS, i 

but what is more eloquent than this simple tribute of one who knew almost | 

his every thought and action? It expresses the general opinion, for all who 
know him have for him the utmost confidence and highest regard." 

Merritt Starr* is one of the sons of the Empire state who has achieved emi- 
nence in this great commonwealth. A native of Ellington, Chautauqua county, 
New York, he is a descendant in the ninth generation of Dr. Comfort Starr, 
of Ashford, Kent, England, who in 1635 crossed the Atlantic in the sailing 
vessel Hercules and took up his residence in Boston, and whose second son. 
Comfort Starr, A. M., of Emmanuel's College, Cambridge University, was one 
of the founders and a member of the charter board of Fellows of Harvard College. 

 

On the maternal side, Mr. Starr is descended from John Williams, who was 
a member of the Rhode Island senate during the Revolutionary war, and a 
grandson of Roger Williams, the founder of the colony of Rhode Island. Both 
of the families were represented in the American army during the struggle for 
independence. 

In his early boyhood Mr. Starr's parents removed to Rock Island, Illinois, \ 

where he attended school preparatory to entering Griswold College at Daven- I 

port, Iowa. Later, he was a student in Oberlin College, from which he received » 

the degree of A. B. in 1875. Having become imbued with the desire to enter the ' 

legal profession, he read law for three years in the office of the attorneys for the i 

Chicago, Burlington & Quincy Railroad Company, and in 1878 entered the col- 
lege and law departments of Harvard University, at which he was graduated in 
1881, and received the degrees of Bachelor of Arts and Bachelor of Laws. The 
degree of Master of Arts was subsequently conferred upon" him by Oberlin 
College. 

L^pon graduation at Harvard, ^Ir. Starr came at once to Chicago, was ad- 
mitted to the bar and entered upon a successful professional career. His first 
professional work was the preparation of briefs for some of the prominent attor- 
neys of Chicago. While he was thus engaged, he prepared and published some 
valuable contributions to legal literature. Among these are Starr*s Reference 
Digest of Wisconsin Reports, the practice chapters in the treatise known as 
Gould on the Law of Waters, and, in connection with the late R. H. Curtis, Starr 
and Curtis's Annotated Statutes of Illinois. He was the first editor of the de- 
cisions of the supreme court of Illinois for the Northeastern Reporter, and held 
that position two years, at the end of which time he was forced by the demands 
of growing private business to resign it. He has been a frequent contributor to 
legal publications, is an orator of recognized ability, and is listened to often 
and with pleasure by local clubs, law societies and popular audiences. On the 
suspension of the Indiana banks in 1883, he conducted the litigation carried 
on in Chicago on behalf of their creditors and established in the supreme court 
of Illinois the then novel doctrine that banks must hold the entire funds of the 
garnished depositor for the benefit of all the creditors who may thereafter per- 
fect claims under the statute. In these important and warmly contested cases 



♦Sketch prepared by E. B. Sherman. 



THE BENCH AND BAR OF ILLINOIS. loi 

he met the late W. C. Goudy, the firm of Jewett, Norton & Larned. and other 
leaders of the Chicago bar. Mr. Starr was honored with the friendship of the 
late Corydon Beckwith, ex-judge of the supreme court of Illinois, and assisted 
him in important matters. 

In 1890 he formed a partnership with Hon. John S. Miller, ex-corporation 
counsel of Chicago, and ex-Senator Henry W. Leman, under the firm name of 
^liller, Starr & Leman. Two years later the junior member of the firm re- 
tired, but Messrs. Miller and Starr continued their business relations, and in 
the autumn of 1893 became associated with Colonel George R. Peck, then gen- 
eral solicitor of the Atchison, Topeka & Santa Fe Railway Company, and more 
recently general counsel for the Chicago, Milwaukee & St. Paul Railway Com- 
pany. The firm of Peck, Miller & Starr occupies a prominent position at the 
Chicago bar. It has for years represented the Railway Conductors' Association, 
and the Chicago Live Stock Exchange, the latter being charged with the duty of 
protecting the rights of stock shippers and commission men of Chicago against 
a combination of large ranch owners and other corporate interests, the firm 
thus representing both corporations and laboring men. The firm has also 
acted as the legal counsel for the Chicago Public Library Board, Chicago Gen- 
eral Railway Company, the Mercantile Trust Company of New York, the Boston 
Safe Deposit & Trust Company, and other large corporations. 

Mr. Starr possesses marked individuality and originality. His opinions are 
neither inherited nor acquired from others, but are the result of his own careful 
and conscientious investigation and dehberation. As a lawyer, he is distin- 
guished for clearness of perception, tireless industry and keen discrimination. 
In an important case his brief gives indubitable evidence of exhaustive research, 
legal acumen, forcible statement and faultless logic. But he is not content with 
being a lawyer. He is a man of wide and generous culture. An omnivorous 
reader, he is familiar with the best books, classic and modern, and being blessed 
with a memory loyal to its trust he can, when occasion demands, bring forth 
from the rich storehouse of the world's wisdom treasures new and old. Not 
unfamiliar with art, science and philosophy, his greatest delight is in the domain 
of literature, wherein he finds rest from professional toil. 

He is a true and steadfast friend, a genial companion, prizing all the ameni- 
ties and courtesies that make life pleasant and friendship valuable. 

Recognizing his obligation as a citizen, Mr. Starr has taken an active part in 
evei%' effort to improve municipal government, and labored earnestly in securing 
the passage of the law by which the merit system has become operative in 
Chicago. 

He adheres to the principles of the RepubHcan party, believing them best 
to conserve the public good. He is connected with various societies and organi- 
zations for the promotion of social, literary and philanthropic aims and purposes, 
and is a member of the L'nion League Club, the Chicago Literary Club, the 
Congregational Club, the Chicago Bar Association, the Illinois State Bar Asso- 
ciation, the American Bar Association, and the Chicago Law Institute, of which 



I02 THE BENCH AND BAR OF ILLINOIS. 

latter he was president for two terms. He is also a trustee of Oberlin College, 
and keeps in close touch with Harvard University, his cherished alma mater. 

Mr. Starr was married September 8. 1885, to Miss Lelia Wheelock, of Cleve- 
land, who was a fellow student in Oberlin College. Mrs. Starr is a member of 
the Chicago Woman's Club, and takes an active interest in literary and philan- 
thropic w^ork. 

Albert N. Eastman. — For eleven vears Albert N. Eastman has been a mem- 
ber of the Chicago bar, and in that time has gained a good clientage. His law 
studies were pursued in this city, although his literary education was acquired 
in Ohio, his native state. He was born in Kingsville, Ashtabula county, October 
17, 1864, and is a representative of a pioneer family of that state. The first 
representative of the Eastman family in America came to this country in 1630. 
Our subject's grandparents were Porter and Phoebe Eastman, early settlers in 
the Western Reserve, and the former became a prominent and influential citizen 
of northern Ohio. He not only gave his support and influence to all educational 
and moral interests, but also became one of the conductors on the "underground 
railroad." and through his agency many a slave was assisted on his way to 
Canada and freedom. The parents of our subject were Henry A. and Sarah F. 
(Parrish) Eastman, who in 1872 removed to Chicago, but in 1876 returned to 
their old Ohio home. The father went to California in 1852 and was one of the 
first prospectors in the Virginia district, in which Mackey, Fair, Flood and other 
millionaires were subsequently interested. Early in the '60s, in connection with 
two of his cousins, he founded a branch of Eastman's Business College in Chi- 
cago, and in 1872 he was connected with the Chicago board of trade. 

Our subject was educated in the common school and the academy of King-s- 
ville, Ohio, and later was graduated in the high school of Ashtabula, that state, 
and completed a collegiate course under the direction of Rev. Joseph N. Mc- 
Giffert, a prominent Presbyterian minister of Ashtabula. Thus with a broad 
general knowledge he came to Chicago, where he began preparation for the 
bar as a law student in the oflfice of Smith & Helmer, being admitted to the bar 
in May, 1887, having successfully passed an examination before the supreme 
court of Ottawa, Illinois. In September, following, he entered the office of 
Weigley, Bulkley & Gray, of which firm he subsequently became a partner, and 
on the 1st of May, 1895, this firm dissolved and the senior member and Mr. 
Eastman formed the firm of Weigley & Eastman. This firm was dissolved 
in June, 1896, since which time Mr. Eastman has been alone in the practice, hav- 
ing with him clients of many years of standing and constantly building a large 
business. He is a close and careful student of the law and faithful to the interests 
entrusted to his care. 

In his political adherency Mr. Eastman is a Republican, and in his religious 
belief is a Congregationalist. He is a member of the Congregational and Lincoln 
Clubs, and was formerly a director and president of the latter. In July, 1889, 
he married Miss Myrta E. Hopkins, a native of Ashtabula county, Ohio, a 
daughter of William L. Hopkins and a granddaughter of Alden W. Walker, one 
of the pioneer Methodist ministers of that state. 



THE BENCH AND BAR OF ILLINOIS. 103 

Judge Julius S. Grinnell.— No compendium such as the province of this 
work defines in its essential limitations will serv^e to offer fit memorial to the 
life and accomplishments of the honored subject of this review,— a man re- 
markable in the breadth of his wisdom, in his indomitable perseverance, his 
strong individuality ; and yet one whose entire life had not one esoteric phase, 
being an open scroll inviting the closest scrutiny. True, his were ''massive deeds 
and great" in one sense, and yet his entire accomplishment but represented the 
result of the fit utilization of the innate talent which was his, and the directing 
of his efforts along those lines where mature judgment and rare discrimination 
led the way. There was in Judge Grinnell a weight of character, a native 
sagacity, a far-seeing judgment and a fidelity of purpose that commanded the 
respect of all. A man of indefatigable enterprise and fertility of resource, he 
carved his name deeply on the civil and political history of Illinois. 

Julius Sprague Grinnell was born in Massena, St. Lawrence county. New 
York, in 1842, and is of French-Welsh ancestry, although his more immediate 
progenitors for several generations were natives of New England. The town of 
Grinnelle, France, now an important manufacturing center near Paris, was 
named in honor of the family. Representatives of the name emigrated from 
France to Wales and thence to this country, one branch of the family being 
founded in New^ York, a* second in Connecticut and a third in Vermont. It is 
from the last that our subject was descended. His parents were Dr. A. H. 
and Alvira (Williamson) Grinnell, both natives of the Green Mountain state. 

In the common schools of Massena, Judge Grinnell acquired his preliminary 
education and prepared for college in Potsdam Academy, of St. Lawrence county. 
New York, after which he matriculated in Middlebury College, of Middlebury, 
Vermont, in 1862. On the completion of the regular four-years course he was 
graduated, in 1866, ranking high in his classes, and during his young manhood 
foreshadowed future success in whatever profession he might engage, by his 
earnestness of purpose, close application and ready use of his strong mental 
endowments. With a view of entering the legal profession he entered upon 
the study of law in the office of Hon. William C. Brown, of Ogdensburg, and 
was admitted to practice by the supreme court of New York in 1868. He im- 
mediately afterward began practice in that city, where he remained for two years, 
and during that time was also a teacher in the Ogdensburg Academy for a year. 
In December, 1870, Judge Grinnell arrived in Chicago and entered upon 
what proved to be a most brilliant and successful career at a bar that numbers 
among its members some of the most distinguished lawyers and jurists of the 
nation. He was almost an entire stranger here, having but two acquaint- 
ances in the city, but with a hopeful and resolute disposition he resolved to win 
a name and place for himself. One of the decided characteristics of his nature 
was self-reliance, backed by decision of character, and the public accorded him 
the credit of possessing integrity and sincerity. With these qualities he was not 
long^ in taking his place among the rising lawyers of the city, and ere he had 
reached the close of his labors he had attained distinguished preferment as one 
of the leaders of the Chicago bar. When the great fire of 1871 came and swept 



I04 THE BENCH AND BAR OF ILLINOIS. 

the main business portion of Chicago out of existence, he had scarcely gained 
a foothold in his practice; but in the reorganization and re-establishment of 
business he was one of the number who had the force, courage and confidence 
in the rebuilding of the city to assert himself and resume practice with renewed 
energy. In 1879 he was elected city attorney on the Democratic ticket, when 
that party was largely in the minority, and easily earned re-election in 1881 
and 1883. In 1884 he was called by the vote of the people to the position of state's 
attorney, l>eing the only one elected on his ticket, a fact which indicates the 
personal popularity he enjoyed and the high confidence reposed in him. In that 
capacity he carried forward more important, distinguished and successful prose- 
cutions of public offenders than stand to the credit of any other man in the 
history of Chicago. — perhaps in any city of the country or the world. In 1884 
arose the famous election conspiracy case against Joseph C. Mackin, secretary of 
the Democratic state central committee, William J. Gallagher, and others. The 
crime, if successfully carried through, would have changed the political majority 
in the state legislature and caused the election to the federal senate of a Demo- 
crat in the place of General Logan, the Republican candidate. Although Judge 
Grinncll was an earnest advocate of the Democracy, he w'as most vigorous and 
diligent in the prosecution of the case, for personal interest, fear or favor could 
not deter him from a course which he believed to be right and just. The trial for 
tampering w^ith the ballots and returns was, in the United States district court, 
conducted by General Tuthill, district attorney. General Stiles, General Havvley 
and Judge Doolittle. Mackin was also indicted in the state court for perjury, 
and the case was prosecuted by Mr. Grinnell, General Stiles and Mr. Longe- 
necker. Mackin was found guilty in both courts and sent to the penitentiary. 
The next great trial that was carried to a successful issue by Mr. Grinnell was 
that of the "boodler" county commissioners in 1885, when William J. McGarigle, 
Edward S. McDonald and several others were convicted. Next it fell to Judge 
Grinnell's lot to manage the indictment, arrest, trial and conviction of the 
anarchists, Spies, Parsons, Schwab, Lingg. Fielden, Engel and Fischer, that very- 
remarkable prosecution which resulted in vindicating law and order by the signal 
discomfiture and condign punishment of their assailants. In speaking of Judge 
Grinnell in connection with the last two mentioned cases, Luther Laflin Mills 
said : "His labors in these two trials were long continued and would have 
broken down an ordinary man. He was the master spirit in the prosecution, 
although, in addition to his regular assistants. General Stiles in the boodle case 
and George C. Ingham in the anarchists' trial also appeared for the state. In 
the former case no appeal or any kind of persuasive influences could swerve hini 
from his duty ; and in the latter no threats of personal violence could deter him. 
In both he was successful. Although a man successful in politics, he was in his 
office absolutely independent of the politicians. He regarded his high office 
as a public trust, and showed neither fear nor favor where the people's interests 
weie involved. He was a man of remarkable abilities ; he was a man of dutv." 

In addition to the cases previously mentioned Judge Grinnell secured four 
convictions in the Italian trunk murder case, conviction in the Mulkowski 



THE BENCH AND BAR OF ILLINOIS. 105 

murder case and in others of considerable importance. His readiness, his ability 
his resolution, his kgal acumen and his eloquence drew to him the attention of 
the entire public and resulted in his election to the circuit bench, in 1887, where 
he served with a degree of acceptation which only added judicial distinction to 
the fame he had won as an advocate; but in 1890 he resigned his judgeship to 
accept the position of counsel for the Chicago City Railway Company, which 
incumbency he retained until his death. 

Judge Grinnell was married on the 5th of October, 1869, to Miss Augusta 

Hitchcock, a daughter of Dr. William Hitchcock, of Shoreham, Addison county, 

Vermont. Their home life was ideal. They had two children: Robert, a 

student in the Michigan State University, at Ann Arbor; and Bertha. It 

seemed that Judge Grinnell could not do too much for his family and he counted 

no personal sacrifice too great if it would enhance the welfare and happiness 

of his wife and children. He was also a popular and valued member of several 

clubs and civic organizations, including the Masonic fraternity, the Chicago 

Club, the Union League and Iroquois Clubs and the Chicago Bar Association. 

Judge Han^cy said of him : "He was the most genial man I ever met ;" and it 

was this quality as well as his superior ability and sterling rectitude of character 

that so endeared him to those he met and made his circle of friends coextensive 

with the circk of his acquaintances. 

At his death, which occurred June 8, 1898, the highest tributes of respect 
and honor were paid to him by his fellow members of the bar. Judge Kohlsaat 
said : "I had known Mr. Grinnell for twenty years,— when he was city attorney, 
state's .attorney and judge. As state's attorney he was simply magnificent. I 
always considered him as one of the strongest men ever elected by the vote of the 
people of Cook county. His conduct in the boodle and anarchist cases was that 
of a fearless, earnest and most efficient public officer. Personally he was a lovable 
man. He had hosts of friends, and few of us will be missed as will Julius S. 
Grinnell." Another said : "He was a man of remarkable abilities and force of 
character, and a lawyer of the front rank. In high places of official life he was a 
devoted and brave servant of the people. His memory will abide in our com- 
munity as that of a man who in private walk and public station unfailingly did 
his duty and did it well." 

The funeral of Judge Grinnell was attended by committees representing the 
Iroquois Club, the Chicago Bar Association and the Union League Club, and 
the last named passed the following resolution, which is certainly a fitting tribute 
to one of Chicago's most distinguished citizens : 

"Whereas, Julius S. Grinnell has suddenly passed from earth, it is but fitting 
that we, his friends and associates in the Union League Club, testify to our 
affection for him and speak our deep appreciation of his noble, manly life. 

"We recall the splendid courage of his attack on corrupt misgovernment. 
We know how he jeopardized his life in defense of organized society under the 
law. We know how his clear appreciation of justice was tempered always by 
human kindliness, so that those whom he was forced to punish afterward became 
his friends. 



io6 THE BENCH AND BAR OF ILLINOIS. 

"With all his great name he remained the simple, most democratic of men, 
freely giving the best of his ability to the humblest who came in trouble. Nor 
did he ever turn a fellow man away in distress. A more open-hearted friend 
we cannot conceive ; a truer American we cannot name. It is the pride of our 
nation that for such character, such power and such indomitable will there lie 
open the highest places, and that simple manliness goes step by step with great 
achievement. 

"Resolved, That we tender to the bereaved family of our friend our deepest 
sympathy, feeling that, in that they have known one of the truest and most 
lovable of men in the dearest relation of life their sorrow will be harder to bear, 
but their pain will be mitigated by the assurance that our departed friend has 
left a heritage of priceless worth, — the memory of a life well lived, an example 
worthy of emulation by all." 

Thomas Dent, a veteran member of the Chicago bar, entered into practice 
in his twenty-third year, while residing at Hennepin, in Putnam county, Illinois, 
in which county he was born November 14, 1831. His parents^ were among the 
early residents of that county, having settled there in that year, upon their re- 
moval from Muskingum county, Ohio, where the father, George Dent, was 
chiefly reared, his father having been a pioneer settler there before coming to 
Putnam county, as he did at an early day. In Mr. Dent's ancestry, traced 
back to Maryland and Virginia, sturdy pioneers for a few generations back, 
pursuing creditable careers, and holding positions of public honor and trust, 
corresponding with educational and other advantages, would be numbered. 

While residing in Putnam county, George Dent, father of the subject of this 
sketch, held sundry public offices j including those of clerk of the county com- 
missioners' court, county recorder, clerk of the county court, master in chancery, 
county judge, and member of the general assembly; and later in life, removing 
to Minonk in Woodford county, he was honored with offices there. The scho- 
lastic training of Thomas Dent was mostly in the district schools near his home 
in Illinois, though he attended school for a short time in Ohio during a tempo- 
rary residence there. He endeavored when drawn into work and away from 
the schools at an early age to supplement the foundation which faithful and 
efficient teachers had helped him to lay. His taste for legal work was much pro- 
moted by environment and by his business training, which began in his thir- 
teenth year, at first with attendance at times in the clerk's offices and recorder's 
office in Putnam county, under the late Oaks Turner, a careful and capable 
official. When Mr. Dent was nearing the age of sixteen his father began to fill 
those offices, and the son became more continuously connected with the work. 
While thus engaged he prosecuted legal studies, and was benefited by the 
examples, and in the direction of such studies, by the practical aid of able mem- 
bers of the bar with whom he was thrown into contact. Soon after his entrance 
into the profession he was entrusted with the management of a variety of im- 
portant causes at his home and elsewhere in the state, in the courts of the state 
and also in the federal courts. He received much encouragement in the character 



THE BENCH AND BAR OF ILLINOIS, 107 

of business committed to his care in early professional life. While residing in 
Putnam county he compiled tract and other indices to the land records. 

He has been a member of the Chicago bar almost continuously since early 

in 1856, when he entered into partnership with Hon. Martin R. M. Wallace, 

whom he had known at Ottawa, Illinois. The following year inducements to 

remove to Peoria led him to open an office there; but his connection with cases 

of much importance required his attendance in Chicago, and after a short time 

he resumed his residence there. In i860 he formed a partnership with Hon. 

Alfred W. Arrington. This association, under the name of Arrington & Dent, 

came into marked prominence, and was terminated only by Judge Arrington's 

death, in December, 1867. A few months later the firm of Dent & Black was 

organized, the junior member, William P. Black, having been a student with 

Arrington & Dent for a time prior to entering into practice at Danville, Illinois. 

The association of Dent & Black was continued with much satisfaction for many 

years. They were for a time the senior members of the firm of Dent, Black & 

Cratty Brothers. Mr. Dent has since had with him for a time Edwin Burritt 

Smith of the Chicago bar, and later Russell Whitman of the same bar, under 

the firm names of Dent & Smith and Dent & Whitman, respectively. 

He has had a large and varied experience in legal work in many lines, 
involving the trial of causes in different parts of Illinois, and in other states and 
localities, as w^ell as in the supreme court of the United States. His practice 
has required an extensive knowledge of legal principles, keen and careful 
analysis, and earnest preparation. 

He has served as president of the Chicago Law Institute, of the Illinois 
State Bar Association, and of the Chicago Bar Association, respectively, and 
takes a lively interest in the profession and in matters pertaining to the welfare 
of his adopted city. In contributions to the press and in addresses on various 
occasions at intervals Mr. Dent has not been inactive, although his regular 
professional work has chiefly occupied him. 

Lester L. Bond. — The name of this gentleman is inseparably connected 
with the history of the legal profession of Chicago. Yet not alone on account 
of his association with this calling is he numbered among the truly representa- 
tive men of "the city marvelous ;" he has been also prominent in municipal affairs 
that have led to the best development of the city, to its improvement, its progress, 
and to the adoption of important reform measures. He has been the champion 
of those movements which support the moral, the educational and the aesthetic ; 
and has been a valued member of the law-making bodies of city and state. 
To-day as a patent lawyer he stands on an eminence occupied by few, and his 
name is inscribed high on the roll of Chicago's most able legists. But back of 
all this, and the causation of it all, is the character of the man, — a character that 
is based upon the noblest and most honorable principles. 

Historians and biographers in their analyzation of the lives of those who 
have attained success and honor in various high callings, attribute the result to 
the possession of energy, of- industry, of enterprise, of strong mentality, of perse- 
verance, or other qualities, and while some and ofttimes all of these contribute to 



io8 THE BENCH AND BAR OF ILLINOIS. 

it, yet the foundation upon which they in turn rest is character. On this depends 
the esteem in which man is held, his popularity, his position in social circles. 
Prosperity in business may be secured; but if the means are unworthy there 
comes with his success the condemnation of the public; when high principles 
actuate his labor, his work is followed by commendation and high respect. 
This truth finds exemplification in the life of Mr. Bond, who, though unpretentious 
arid entirely free from ostentation, occupies a place among the most honored 
and successful residents of Chicago. 

Mr. Bond represents one of America's oldest families, tracing his ancestry 
back to John Bond, who located in Massachusetts about the time the Pilgrim 
forefathers established their colony in the Bay state. Members of the family 
have made the name famous in connection with scientific research. William 
Cranch Bond, who was born at Portland, Maine, in 1789, and died at Cam- 
bridge, Massachusetts, in 1859, became noted for his observations on Saturn and 
the fixed stars, as well -as for his operations in celestial photography, and, after 
superintending the erection of Harvard Observatory in 1839, he became its di- 
rector. His work was carried forward by his son, George Phillips Bond, also 
director of Harvard University, w^ho wrote **On the Construction of the Rings 
of Saturn" and other astronomical papers. He was born at Dorchester, Massa- 
chusetts, in 1825, and died at Cambridge, Massachusetts, in 1865. The old 
Bond homestead, CvStablished at Ipswich, Massachusetts, only about ten years 
after the settlement at Plymouth, is one of New England's most revered historic 
landmarks. As the years passed representatives of the family removed w'est- 
ward and at the time of the birth of our subject, October 2y, 1829, his parents, 
Jonas and Elizabeth (Story) Bond, were residents of Ravenna. Ohio. The Story 
family, from which he is descended on the maternal side, is no less prominent 
in the history of the country than the Bonds, for among its members were 
Joseph Story, the eminent jurist, and William Wetmore Story, renowned as a 
sculptor and poet. 

L. L. Bond began his education in his native town of Ravenna and after- 
ward pursued his studies in several excellent academies. He was dependent upon 
his own exertions for the means which would enable him to pursue his more 
advanced studies, and mechanical labors largely engaged his attention during 
vacations and other periods affording him leisure from school duties. This gave 
him considerable familiarity with inventions and machinery and has been one 
of the elements that has contributed to his success at the bar, for the ^patent 
lawyer must have a practical knowledge of the mechanical appliances concerned 
in his suits. Determining to enter the legal profession he became a student 
in the law office of F. W. Tappan and afterward continued his reading under the 
direction of the law firm of Bierce & Jeffries, the latter the comptroller of 
currency under President Johnson. 

Mr. Bond was admitted to the bar October 15, 1853, and on the 28th of 
May, 1854, cast in his lot with the residents of the young but rapidly-growing 
Chicago. Opening an office he entered upon his professional career as a general 
practitioner and so continued for eight years, when his liking for mechanics and 



THE BENCH AND BAR OF ILLINOIS. 109 

the fortune of the courts threw some important cases into his hands. His ability 
to handle such soon made itself manifest, and a patent-law practice rapidly 
superseded the general until he is now known almost entirely as a specialist in 
that line. So large is his clientage in patent-law cases that it leaves him no time 
for labors in other departments of jurisprudence. He has made a close and com- 
prehensive study of the law of patents, copyrights and trademarks, and in this 
branch of practice is the acknowledged leader at the Chicago bar, and ranks as 
number two in arguing reported cases in all the United States courts. 

Mr. Bond has ever manifested a deep interest in political affairs as the 
voice of the people concerning government. A firm belief in Republican prin- 
ciples led him to ally himself with that party on its organization and a loyal 
devotion to the cause of the Union prompted his enlistment in the army, but 
being in ill health at the time he was rejected by the examining physicians and 
had to content himself with laboring for the cause of liberty at home. The 
questions of municipal policy claimed his attention and his advanced and practical 
views on this subject led to his election to the city council, where he served from 
1862 until 1866, and during two years he held the responsible position of chair- 
man of the finance committee. In 1868 he was chosen one of the presidential 
electors of Illinois and thus cast a direct ballot for General Grant. In 1871 he 
was again elected to the city council and during a portion of his two years' 
service was acting mayor of Chicago. For two successive terms, from 1868 
until 1870, he represented his district in the state legislature and during the 
second term championed a measure which has been of lasting benefit to the 
city. He was elected on what was known as an anti-park ticket, in opposition 
to the establishment of the south-side park system of Chicago. It will be readily 
seen that the establishment of such a system on the south side would be detri- 
mental to the west division of the city, which was without such privileges, and 
hence the three west-side members strove to defeat the measure. After a time, 
however, seeing that it would be impossible to do this, he called a meeting of his 
west-side colleagues and unfolded to them his plan of securing to the west side 
as nearly equal advantages of the same kind as possible. The three west-side 
members then agreeing on their course of action, had a conference with 
the men whom they had been opposing and a compromise was made which 
resulted in legislation by authority of which not only the south-side park system 
but also the beautiful west-side park system was established, and now no city 
in the entire country can claim a park system to rival that of Chicago. In this 
movement Mr. Bond went directly against the anti-park ticket on which he had 
been elected, but with wonderful foresight he saw the advantages which would 
result to his district from this course and carried out the plan which he believed 
to be the right one. Time and the public have sanctioned his work and his 
labors at that time are deserving of the gratitude of all of Chicago's vast popu- 
lation. 

The cause of education has ever found in Mr. Bond a warm friend, and as 
a member of the school board he was instrumental in bringing about some needed 
changes in school organizations and the educational system of the city. Since 



no THE BENCH AND BAR OF ILLINOIS. 

his retirement from the city council on the close of his third term he has 
steadily refused public office, but his interest in the welfare and progress for 
the city has never abated. His time has largely been given to his law practice, 
in which he has gained an enviable prestige. His logical grasp of facts and 
principles and of the law applicable to them has been a potent element in his 
success, and a remarkable clearness of expression, an adequate and precise 
diction w^hich enables him to make others understand not only the salient points 
of his cause, but every fine gradation of meaning manifest in his speech, may be 
accounted among his most conspicuous gifts and accomplishments. 

The home relations of Mr. Bond are particularly pleasant. He was mar- 
ried October 12, 1856, to Miss Amy S. Aspinwall, a daughter of Rev. N. W. 
Aspinwall, of Peacham, Vermont, and a lineal descendant of Peregrine White, 
the first white child born after the embarkation of the Pilgrims for their far 
western home. They have one. daughter, the w4fe of John L. Jackson, of the 
law firm of Bond, Adams, Pickard & Jackson, of which Mr. Bond is senior 
member. Mr. Bond has long been active in church and fraternity circles. For 
many years he has been a member of the Methodist Episcopal church, a worker 
in its Sundav-school and a contributor to its work and benevolences. In Ma- 
sonic circles he has attained the position of eminent commander in the York Rite 
and the thirty-second degree of the Scottish Rite. Fond of travel, he finds his 
chief rest and recreation in visiting the many points of interest in this country 
and abroad, thereby gaining a knowledge and culture which only travel can 
bring. He is a man of broad humanitarian principles, deep thought, earnest 
purpose, conscientious action and strong intellectuality, and in all the relations 
of life he commands that true homage and respect which is ever rendered real 
worth. 

Judge Peter S. Grosscup, of Chicago, was bom February 15, 1852, in Ash- 
land, Ohio. On his father's side his lineage can be traced back to Holland, on 
his mother's to Germany, but both families were established on American soil 
prior to the war of the Revolution. The great-grandfather, Paul Grosscup, was 
for many years a member of the Pennsylvania colonial assembly, and afterward 
of the Pennsylvania state assembly, also of the convention which met in Phila- 
delphia, in 1 791, and framed the first constitution. On his father's side the 
Judge is also connected by ties of blood with the Stenger family, well known in 
political circles in Pennsylvania and at the bar. His mother's family name was 
Bowermaster, and her father was a soldier of the war of 1812, while his father 
held a commission as an officer in the American army during the Revolutionary 
war. On the maternal side Judge Grosscup is connected with the Studebakcrs, 
well known in the business world, as also with the Mohlers, some of whom 
are well known in railway circles. 

Peter Stenger Grosscup was educated in the schools of Ashland, and in 
Wittenberg College, one of the educational institutions of the Lutheran church, 
from which he was graduated in 1872, at the head of his class. He obtained 
his degree of Bachelor of Laws from the Boston Law School. From 1874 until 
1883 he engaged in the practice of his profession in Ashland, Ohio, and durinjr 



THE BENCH AND BAR OF H.LINOIS. in 

six years of that time was city solicitor. In 1876 he became the candidate of the 
Republican party for congress, but was defeated. In 1883 he took up his resi- 
dence in Chicago and became associated with the law firm headed by Leonard 
Swett, a former law partner of Abraham Lincoln, and the best known attorney, 
at that time, of the west. From that time forward Judge Grosscup participated 
in some of the most important trials occurring in the west, and built up a reputa- 
tion as a lawyer that ranked him among the ablest practitioners of the Chi- 
cago bar. 

On the 12th of December, 1892, he was appointed to the United States 
district bench by President Harrison, and soon after assuming the duties of that 
office he attracted the attention of the entire country by his decisions upon the 
applicMion of the government to close the World's Columbian Exposition on 
Sunday. He dissented from the two circuit judges on that occasion, but on an 
appeal to the circuit court of appeals, presided over by Chief Justice Fuller, this 
dissent was sustained. His most widely-known service, however, was in con- 
nection with the Debs riots of 1894. In connection with the circuit judge, 
William A. Woods, he issued the injunction in favor of the government and 
against the rioters. When this injunction was spurned by the rioters he called 
upon the president for the federal troops, — ^a call that unquestionably saved the 
city from mob violence. Summoning the grand jury at the earliest day per- 
missible by law, he delivered to them, on their assembling in the midst of the 
riots, a charge that instantly gave him a national reputation. The indictments 
and arrests that followed were the beginning of the end of the mob violence. 
In the meantime he has handed down many decisions of interest to large por- 
tions of the public and to the profession generally. On January 23, 1899, Judge 
Grosscup's appointment to the United States circuit bench was unanimously con- 
firmed by the senate. 

Judge Grosscup married Miss Virginia Taylor, daughter of A. A. Taylor, 
an extensive manufacturer of flour of Loudonville, Ohio. They have one daugh- 
ter. The Judge is a member of the Chicago, University, Union and Athletic 
Clubs, and is esteemed by his professional associates as well as an extensive 
circle of friends outside of legal lines. 

Frank Orren Lowden was born in Sunrise City, Minnesota, January 26, 
1861, his parents being Lorenzo Orren and Nancy Elizabeth (Breg) Lowden. 
In the fall of 1868 the father of the subject of this sketch removed with his 
family to Point Pleasant, Hardin county, Iowa. At the time of this removal 
to Iowa, Frank Orren Lowden was a lad of seven years. During his early youth 
he attended the common schools in winter, and in the summer montHs assisted 
in the cultivation and development of the home farm. At fifteen he began teach- 
ing in Hardin county, and while teaching he prepared himself for college. In 
September, 1 881, he entered the freshman class of the Iowa State University, and 
was graduated in June, 1885, as valedictorian of his class. 

His college course completed, Mr. Lowden secured a position as teacher of 
Latin and mathematics in the high school of Burlington, Iowa. Here, during 
his leisure hours, he engaged in the study of law. In July, 1886, he came to 



112 THE BENCH AND BAR OF ILLINOIS. 

Chicago and entered the law office of Messrs. Dexter, Herrick & Allen. Simul- 
taneously he became a student in the Union College of Law, at which he gradu- 
ated in July, 1887. He was valedictorian of his law class and received the first 
prize for his oration and the first prize for scholarship. He remained with Dexter, 
Herrick & Allen three years after his graduation at the Law School. In July, 
1890, Mr. Lowden entered into partnership with Emery S. Walker. In May, 
1892, he became a partner of William B. Keep, and was associated with him 
until September i, 1893. From this time he practiced his profession alone until 
March i, 1898, when he became a member of the firm of Lowden, Estabrook 
& Davis. 

Mr. Lowden is a member of the Calumet Club, the Chicago, Union League* 
Washington Park, Marquette, the Chicago Literary, the Sunset, Saddle and 
Cycle, Chicago Golf, and the Thousand Islands Yacht Clubs. He is a member 
of Phi Beta Kappa and belongs to two college fraternities, the Beta Theta Pi 
and Phi Delta Phi. lie is a member and president of the Law Club, and holds 
membership in the Chicago, Illinois State and American Bar Associations. He 
is a trustee of Central church and in politics is a Republican. 

Mr. Lowden was married on the 29th of April, 1896, to Miss Florence Pull- 
man. Thev have two children. 

James Herron Eckles was born in Princeton, Illinois, November 22, 1858, 
and is a son of James H. Eckles, an attorney. He attended the public schools 
of his native town, and is a graduate of the Princeton high school, of the class 
of 1876. Determining to enter the legal profession, he attended the Albany (New 
York) Law School, in 1879 ^"^ 1880, and received therefrom the degree oi 
LL. B. In 1881 he entered the law office of Leland & Gilbert, of Ottawa, Illinois, 
and afterward formed a partnership with Hiram T. Gilbert. Later he was 
associated in partnership with James W. Duncan, Hiram T.Gilbert, A. J. O'Conor 
and W J. Duncan, and upon the removal of Messrs. Duncan and Gilbert to 
Chicago, in 1888, a partnership was formed with Senator O'Conor and V. J. 
Duncan, which continued until 1893. 

On the 3d of April of that year Mr. Eckles was appointed comptroller of the 
currency by President Cleveland, and held that position until December 31 j 
1897, when he resigned to accept the presidency of the Commercial National 
Bank of Chicago. 

John A. Rose, the general attorney for the North Chicago and West 
Chicago Street Railway Companies, was born in Will county, Illinois, in 1853, 
and in the common schools acquired his preliminary education. He pre- 
pared for college under private teachers, and was graduated in the Northwestern 
University, at Evanston, with the class of 1882. The same year he was admitted 
to the bar, and since that time has been engaged in practice. For about ten 
years he was a member of the well known firm of Condee & Rose, and since 
1895 he has held his present prominent position as already named, 

Thomas Cratty. — It has been said that Philip D. Armour is the hardest- 
working man in commercial circles in Chicago, and in professional lines the 
same remark may well be applied to Thomas Cratty, whose time is fully occupied 



THE BENCH AND BAR OF ILLINOIS. 113 

with a very extensive law practice, the important nature of which indicates his 
superior ability in handling the intricate and involved principles of jurisprudence. 
He is indefatigable and persistent, and his labors are so systematized as to pro- 
duce the greatest possible results at a minimum expense of effort. This enables 
him to attend to a business the volume of which would appall and overwhelm an 
ordinary man. He stands to-day at the head of the well known firtn of Cratty, 
Jarvis & Cleveland, one of tlie leading law partnerships of the city. 

Mr. Cratty is a native of Champaign county, Ohio, and is of Irish lineage, 
his great-great-grandfather having emigrated from the north of Ireland to Penn- 
sylvania in the year 1760. Representatives of the family were prominent factors 
in the public life of the Keystone state, and the grandfather of our subject, a 
native of Franklin county, Pennsylvania, born in 1763, was one of the patriots 
who fought for the independence of the nation in the war of the Revolution. 
William Cratty, the father of our subject, was born in Butler county, Pennsyl- 
vania, June 20, 1805, but in 1814 removed to Ohio, and in April, 1826, was united 
in marriage to Miss Candis Bennett, a native of Rhode Island, born December 
^Sf 1805. He was a man of strong anti-slavery principles and his home was 
supposed by the friends of slavery to be a station on the famous underground 
railroad. In consequence a reward of three thousand dollars was offered for his 
body, dead or alive, if delivered south of the Allegheny river. For many years 
he was an industrious, energetic farmer, but spent his last years in a well earned 
retirement from labor, his death occurring in 1897. His wife passed away Janu- 
ary 27, 1875. Her noble life, kindly manner and exemplary Christian character 
endeared her to all who knew her, and of the Presbyterian church she was a 
most faithful member, as was her husband. Their family numbered twelve chil- 
dren, four sons and eight daughters. 

On the home farm in Ohio Thomas Cratty spent the days of his boyhood 

and youth. Hard work occupied the greater part of his time, for the fields had 

to be cleared and cultivated and the sons of the family shared in this work. 

His education was acquired in the winter season when he found opportunity to 

attend the district school. Endowed by nature with strong mentality he made 

the most of his educational advantages and at an early age was qualified to teach. 

He accordingly took up that work after the manner of the frontier teacher, 

"boarding round" among the pupils and holding spelling schools on Friday 

nights, these schools being an important factor in the social life of the country 

districts. He was thus engaged until the fall of 1854, when he went south with 

ih^ dual purpose of seeking recreation and to study the institution of slavery as 

it then existed south of Mason and Dixon's line. His opposition to the institu- 

tion grew even more pronounced as with his own eyes he witnessed the wrongs 

and outrages committed by the slaveholders and slave dealers of the south. 

In 1856 Mr. Cratty resumed farming, but in i860 financial reverses overtook 
him and he lost his property. What then seemed a hardship was really the open 
door to greater opportunities. Leaving his old home he resolved to gratify a 
long cherished desire of studying law and entered the Chicago Law School, in 
which he was graduated with honor in 1861. During this time he lived in a 

8 



114 THE BENCH AND BAR OF ILLINOIS. 

little rented room, did his own housework and cooked his own meals. Neither 
had he the money to pay his tuition, and to the professor in charge he gave his 
note, which was to be paid out of his first lawyer's fees. That he ranked very 
high as a student is shown by the fact that he was one of four graduates chosen 
to participate in a moot trial at a public exhibition in Metropolitan hall, by way 
of graduation exercises. 

Mr. Cratty opened his first law office in Elmwood, Peoria county, Illinois, 
his law library consisting of a single volume. Success in the law is proverbially 
slow, but gradually he built up a good and constantly increasing practice, gain- 
ing valuable experience and some substantial fees. Recognizing the fact that 
labor, earnest, persistent labor, is the key to success in the law as in every other 
department of life, he spared no pains in the preparation of his cases and in con- 
sequence was ready to meet any contingency that might arise. The strong 
analytical cast of his mind, combined with keen perceptive faculties, peculiarly 
fits him for his chosen vocation, and his presentation of a cause before jury or 
judge is at once forceful, logical and convincing. 

In the fall of 1863 Mr. Cratty removed to Peoria, where he entered into 
partnership with Hon. W. W. O'Brien, with whom he was associated for three 
years. In January, 1872, the firm of Cratty Brothers, of Peoria, was organized, 
the junior partner being Josiah Cratty, who was admitted to the bar in that year. 
They built up a very large and lucrative business and the collection department 
became so extensive that they were obliged to employ several clerks. On the 
1st of May, 1880, seeking broader field for his labor, Mr. Cratty came to Chicago, 
where he entered into partnership with his former business associate, W. W. 
O'Brien, under the firm name of OTirien & Cratty, which connection was con- 
tinued five months, when he became a member of the firm of Tenney, Flower 
& Cratty. On the ist of May, 1882, that firm was dissolved and for a time the 
junior member was alone in business. Subsequently he was a member 
of the firm of Cratty Brothers, Jarvis & Cleveland, and is now the senior member 
of the firm of Cratty, Jarvis & Cleveland. They are located in the New York 
Life building, where they have one of the finest law offices in the entire city. 

While he was well grounded in the principles of common law when ad- 
mitted to the bar, he has continued through the whole of his professional life a 
diligent student of those elementary principles which constitute the basis of all 
legal science, and this knowledge serves him well in many a legal battle. He 
always prepares his cases with great care. If there is a close legal point involved 
in the issue, it is his habit to examine thoroughly every authority within his 
reach bearing upon the question, and this makes him a most dangerous adver- 
sary. When he comes to the discussions of such intricate problems before the 
courts, it is then perhaps that his great powers as a lawyer are shown to the best 
advantage. With a thorough knowledge of the subjects to be discussed, and 
of the legal principles applicable to them, his addresses before the courts are 
models of clearness and logic. Quick to perceive and guard the dangerous phases 
of his case, he never fails to assault his adversary at the point where his armor 
is weakest. 



THE BENCH AND BAR OF ILLINOIS, 115 

Mr. Cratty has at times been connected with some important commercial 
interests. From 1871 until 1873 he was connected with Leslie Robison in the 
publication of the Peoria Review, a daily, weekly and tri-weekly Republican 
newspaper, which in the campaign of 1872 supported Horace Greeley for the 
presidency. They also had an extensive steam job office and blank-book manu- 
factory and bindery; but this enterprise made too heavy demands upon his 
time, so Mr. Cratty disposed of it. He has been financially interested in the 
Elmwood Paper Manufacturing Company, the Chamber of Commerce Associa- 
tion of that city, the Merchants' Exchange, and was an active factor in promoting 
the interests of the public library of Peoria. He has always been deeply inter- 
ested in everything pertaining to education and the intellectual advancement of 
the race, and in an early day assisted in organizing the teachers' institute of Knox 
county. He also occupied the position of law lecturer in Cole's Commercial 
College, of Peoria, delivering his lectures weekly for several years, both to citi- 
zens and to students of the college. He possesses considerable oratorical ability 
and never fails to hold the attention of his auditors by the sound sense which 
underlies the adornment of well chosen words and neatly turned phrases. 

Mr. Cratty is a Republican ; was one of the organizers of the Washington 
Park Club in 1883, a member of the Union League, Marquette, Irish- American, 
and Veteran Union Clubs. He is also a member of the Chicago Bar Associa- 
tion, the State Bar Association, Chicago Law Institute, the Peoria Law Library 
Association, and of the Chicago Real Estate Board. 

Ephraim Banning. — One of the most interesting indications of the progress 
of the world is the development of its jurisprudence. The law, which is the 
safeguard of life, liberty and property, has expanded with the manifold growing 
interests of business and society until it touches all departments of trade, of 
commerce, of industry, of invention and mental production, as well as controls 
the individual in his relations to humanity. Ever broadening in its scope, it 
would be impossible for any one representative of the bar to be sufficiently 
familiar with all departments of the law to handle all kinds of legal business with 
equal success, and as a result have come our specialists, who, having mastered 
the fundamental principles of justice and right, have turned their energies into 
only a few channels and possibly but one, thus augmenting the strength with 
which they care for the interests entrusted to them along their special lines. It is 
this that Mr. Banning has done, and in the line of patent, trade-mark and copy- 
right litigation he has achieved a reputation hardly second to any member of the 
bar in the country. 

He was born near Bushnell, McDonough county, Illinois, July 21, 1849, 
and when less than six years of age accompanied his parents on their removal 
to Kansas. It is a matter of history that the committee of the convention which 
made Kansas a free state held its meeting in the home of the Bannings. When 
our subject was about ten years of age the family removed to Missouri, and two 
years later, when his brothers went to the war as defenders of the Union, he was 
left as his father's principal assistant in the care of the home farm. Meager were 
the school privileges afforded in that locality, but he made the most of his oppor- 



ii6 THE BENCH AND BAR OF ILLINOIS. 

tunity and was usually found at the head of his classes. Having mastered the 
branches taught in the common schools when about sixteen years of age he be- 
came a student in the academy of Brookfield, Missouri, where he gained a 
knowledge of the languages and the higher branches. Subsequently he taught 
school for a short time and then took up the study of law. For three generations 
on the maternal side his ancestors were members of the legal profession, and 
his predilection for the law seemed most natural. At all events, if success is 
any criterion by which to judge, nature undoubtedly intended Mr. Banning 
for the bar. After studying in the office of Hon. Samuel P. P. Houston, of 
Brookfield, Missouri, until the spring of 1871, he came to Chicago and as clerk 
and student entered the office of Rosenthal & Pence, then a well known law 
firm. In June, 1872, he was admitted to practice at the bar of the supreme 
court of Illinois, and in October following opened an office and entered upon 
his professional career. 

Competition for leadership at the bar was even then great, but Mr. Banning 
possessed youth, ambition, courage and determination, combined with an ex- 
cellent theoretical knowledge gained from textbooks as well as some practical 
knowledge of the workings of the courts. He resolved that if untiring effort 
and devotion to the interests entrusted to him could win success it should be 
his, and acting on this plan it was not long before he had gained a good practice 
in commercial, real estate, corporation and criminal law. In the course of his 
practice several cases came to him involving questions of patent law, and he 
speedily acquired a decided preference for the scientific and intricate points of 
this peculiar branch of jurisprudence. It was in 1877 that he made his first 
argument in a patent case. About the same time he formed a partnership with 
his brother, Thomas A. Banning, and in a few years the firm of Banning & 
Banning became widely known as successful patent attorneys, Mr. Banning 
gradually relinquishing his general practice as this branch grew more and more 
prominent. Making a specialty of patent and trade-mark law, he has, during 
the last fifteen years, argued many important cases in the United Stales 
supreme court and in the federal courts at Chicago, New York, Boston, Phila- 
delphia, Cleveland, Cincinnati, Kansas City, St. Paul, Des Moines and in other 
places. Possessed of a mind strong, logical and comprehensive, he is excep- 
tionally well equipped for this kind of practice. In 1888 he made an extensive 
tour of Europe, and by observation and special investigation greatly extended 
his already thorough knowledge in his chosen field of study and practice. 

Mr. Banning is a member of the American, State and Chicago Bar As- 
sociations and of other legal organizations. He has always taken an active 
interest in all matters connected with the profession, and was a member of the 
committee appointed by the Chicago Bar Association to secure legislation by 
congress to give Chicago additional United States judges. He was also chair- 
man of the committee on organization of the patent and trade-mark congress 
held in Chicago under the auspices of the World's Congress Auxiliary, in 1893. 
At the closing session of that congress he was appointed one of a committee 
to present to the congress of the United States various matters connected with 



THE BENCH AND BAR OF ILLINOIS. 1 17 

industrial property, particularly in its international aspects, the other members 
of the committee being from New York, New Jersey, Washington and California. 
In 1896 he was elected a McKinley presidential elector, and in 1897 he was 
appointed a member of the State Board of Charities, which office he still holds. 
For a man in private life he has had an unusually large experience in public 
affairs. 

Mr. Banning was married in October, 1878, to Miss Lucretia T. Lindsley, 
who died in February, 1887, leaving three sons. In September, 1889, he married 
Miss Emilie B. Jenne, daughter of the late O. B. Jenne, of Elgin, Illinois. He 
and his family attend the Presbyterian church, in which he holds the office of 
elder. He belongs to the Union League and Illinois Clubs, and is deeply inter- 
ested in the moral and material, as well as social, progress of Chicago. 

Hon. Edward H. Morris. — ^The life record of this member of the Chicago 
bar is another proof of the statement that merit is the only indispensable quali- 
fication at the bar. Mr. Morris was born a slave upon one of the plantations 
of Kentucky, in 1859. To-day he stands among the successful legal practitioners 
of the western metropolis, enjoying a very handsome income which results from 
a large and important law practice. The greater part of his youth was passed 
in Ohio and Illinois, where he attended the common schools. For twenty-eight 
years he has been a resident of Chicago. Under great pecuniary difficulties 
he acquired his professional education, and on the 12th of June, 1879, he was 
admitted to the Illinois bar, having passed an examination before the appellate 
court. His exchequer was then in such a state of depletion and his wardrobe 
so in need of repair that when taking the examination he wore a long overcoat, 
closely buttoned, in order to hide the ravages of time and wear upon his trousers. 
In the years which have since passed, however, he has won financial success. 
With strong determination and invincible courage he entered upon his pro- 
fessional career and has steadily gained a large clientage, largely among the 
white race. His practice brings him in a number of thousands every year, 
and his surplus earnings he has invested in real estate until his property inter- 
ests are now quite large. In September, 1881, he was admitted to the bar of 
Wisconsin, and has had considerable practice in that state. On the 15th of 
October, 1885, he was admitted to the bar of the supreme court of the United 
States. In 1892 he served as attorney for the town of South Chicago. In 1895 
was assistant attorney for Cook county, and in 1896 was again attorney for the 
town of South Chicago. 

Mr. Morris has been especially helpful to young law students of his own 
race, and among those whose studies he has directed in his own office are Fred 
L. McGhee, of St. Paul ; his brother, William R. Morris, of Minneapolis ; F. A. 
Denison, of Chicago; and Paul Jones, of Kansas City, all now successful 
lawyers. He has a wide, thorough and comprehensive understanding of the 
law, yet his reading has never been confined to that department of learning 
alone. In addition to a large law library, he has a well selected miscellaneous 
library, containing the works of Shakespeare, Carlyle, Dickens, the poets and 
many other standard works, with which he is very familiar, thus finding pleasure 



ii8 THE BENCH AND B. 

in the master minds of various ages. In 
and in 1 89 1 was elected to the Illinois gene- 
district. 

In 1896 he was united in marriage to M 

Alfred L. Baker. — At the bar and in 
has won an enviable reputation and has re 
Chicago Stock Exchange. To gain a positi 
sentatives of commercial interests in this me 
and splendid executive force, and it is throi 
that Mr. Baker occupies a successful position 

Born in Massachusetts, on the 30th of ^ 
and Maria A. (Mudge) Baker, natives of B« 
completed by his graduation in the high sch( 
the age of nineteen he entered upon the stud 
Smith, of Boston, who directed his reading 
Essex county, Massachusetts, in January, 188 
a member of the law firm of Baldwin & Bal 
during that period was connected with the a 
ment as a member of the citv council. He w. 
education and did effective service for the scho« 

At length Mr. Baker determined to seek 
and in 1886 located in Chicago, where he pra- 
member of the firm of Baker & Grcelev for si: 
won a distinctively representative clientele and 
branch of jurisprudence known as realty law. 
the management of property interests and he 
of large estates, including that of Joel C. Waltt 
of Chicago and left extensive holdings in real ej 

In 1896 Mr. Baker abandoned the active pr. 
in the banking and brokerage business, and in 
the Chicago Stock Exchange. He is also a mt 
Exchange and the Chicago Board of Trade, and 
have brought to him profitable financial returns, 
of strong purpose and of active enterprise, and 
strict conformity to the highest standard of eth: 
uniform respect of his business associates. 

In 1894 Mr. Baker was united in marriage to 
of the late Henry Corwith, of Chicago. He is a 1 
and Chicago Clubs. In politics he is an independ 
opposed to the free coinage of silver, yet on all s« 
he has, from his wide sympathies, always fav( 
point of view which gives larger opportunities fc 
social and industrial conditions. Mr. Baker beloi 
who came from the east to become an integral p£ 



k^ 



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: • 



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to ^ 







'^SL^ 



THE BENCH AND BAR OF ILLINOIS. 119 

I 
I 

has placed Chicago among the leading cities of the world and made her the 
great rival of the eastern metropolis. 

Merritt W. Pinckney. — For fifteen years a member of the bar of Chicago, 
Merritt Willis Pinckney was born in Mount Morris, Ogle county, Illinois, De- 
cember 12, 1859. His father, Daniel J. Pinckney, was a man of strong mentality 
and for many years was prominently connected with the educational interests of 
Illinois. He was bom in Ithaca, New York, educated in the Wesleyan University, 
of Connecticut, and for a number of years thereafter was principal of the Rock 
River Seminary, of Illinois. He was also a leading factor in political circles, 
was a member of the constitutional convention of the Prairie state, later repre- 
sented Ogle county in the state legislature for several terms, and subsequently 
was elected state senator. His public career was an honorable one, and in the 
discharge of his official duties he showed a knowledge of affairs only to be at- 
tained by deep and extensive reading. He married Margaret C. Hitt, daughter 
of Samuel M. Hitt, one of the pioneers of Illinois. 

In the public schools Merritt W. Pinckney acquired his preliminary educa- 
tion, which was supplemented by a course in Rock River Seminary and by 
study in Knox College, of Galesburg, Illinois. His professional course was 
pursued in the Union College of Law, a department of the Northwestern Uni- 
versity, in which institution he was graduated in 1883, with the valedictorian 
honors of his class. Beginning practice in this city, he was alone in business 
until November, 1884, when he entered into partnership with William H. Tatgc, 
with whom he was associated until March, 1893, when the latter 's* brother, 
Gustavus J. Tatge, became his partner. He devotes his attention entirely to 
civil law and has a large clientage. 

He has never sought political distinction, preferring to give his attention 
entirely to his profession. He is now a familiar figure in the various courts of 
the city, owing to his extensive business and his ability in the handling of the 
intricate problems of civil law, and his uniform courtesy at all times commands 
the respect of his fellow practitioners at the bar. Pie is a man of sound judg- 
ment, keen discernment and ability, which, united to an untiring energy and 
devotion to his clients' interests, makes him a valuable attorney and counselor. 
On the 24th of June, 1885, ^^r. Pinckney was united in marriage to Miss 
Mary Van \'echten, of Cedar Rapids, Iowa. 

Jeremiah Leaming. — For forty-two years an active practitioner of law in 
Illinois, the friend and associate of Abraham Lincoln, Stephen A. Douglas and 
John T. Stuart, an honored and prominent jurist long after that eminent trio 
had suspended their labors in the Prairie state, and to-day a leading member 
of the Chicago bar, Mr. Leaming now stands among those with whom age has 
dealt kindly as the result of a careful guarding of the citadel of his powers, of 
a splendid development of his mental forces, and a life spent in conformity with 
those g^eat laws which underlie the universe. In the years of his early man- 
hood he won a foremost position among the most prominent lawyers of the 
state and has ever maintained his place in the ranks of the successful and brilliant 



I20 THE BENCH AND BAR OF HJJNOIS. 

men whose talents have made the bar of Illinois unexcelled in the history of the 
nation's jurisprudence. 

A native of New Jersey, Mr. Leamingf was born in the town of Dennisville, 
January 20, 1831, and is a son of Jeremiah and Abigail (Falkenburg) Learning. 
His father was born in New Jersey in 1793 and died in that state in 1839. He 
was a merchant and shipowner and a man of influence and high position in the 
community in which he made his home. His political support was given the 
Whig party, and for many years he was a member of the general assembly of 
New Jersey, serving in both the house and senate. His wife, who was bom in 
New Jersey in 1796, departed this life in Philadelphia in 1863. Her father, 
Joseph Falkenburg, was bom in Pennsylvania and was a man of much prom- 
inence in Cape May county, New Jersey, where official honors were bestowed 
upon him in his election to both branches of the state legislature. 

Jeremiah Leaming pursued his initiatory educational training in the schools 
of Westchester, Pennsylania. was afterward a student in Mount Holly and in 
Rordentown, New Jersey, and p'ursued his collegiate course in Princeton College, 
wherein he was graduated with the class of 1853. Having made a choice of the 
legal profession as a life-work, he began preparation for his labors at the bar 
by becoming a student in the law office of Garrett S. Cannon, of Bordentown. 
and in June, 1856, was admitted to the bar of his native state. 

The rapidly growing west, however, seemed to him a more attractive and 
promising field for one who would gain advancement, and in August, 1856, he 
came to Illinois, taking up his residence in Bloomington, where he began the 
practice of his profession. It was here he formed the acquaintance of those 
men of national reputation before mentioned, — Lincoln, Douglas and Stuart. — 
and was associated in the trial of the last important case with which the afterward 
martyred president was connected in this section of the country. It was a case 
of malpractice, where Leonard Swett and William W. Orme were the counsel 
for the prosecution, and Abraham Lincoln, John T. Stuart and Jeremiah 
Leaming were the counsel for the defense. The latter gentlemen won the suit 
for their client, thereby saving to him the sum of five thousand dollars. When 
his lawyers met to confer concerning the fee which should be charged, Mr. 
Lincoln said that he thought one hundred dollars would be about right. 
Throughout the state he had the reputation of making exceptionally low charges. 
He had passes on all the railroads, was entertained gratis at most of the hotels 
and could therefore aflFord to take much smaller fees than could the other 
lawyers, w^ho had to meet all traveling and other expenses, and his low charges 
proved detrimental to his fellow members of the profession who desired to make 
a comfortable living off their labors. Therefore, when Mr. Lincoln suggested 
that only one hundred dollars be asked of their client, both Mr. Stuart and 
Mr. Leaming protested, for the latter had spent six weeks in preparation of the 
case. Explaining then to the future president how he ruined the chances of 
the other lawyers by his course, they finally induced him to charge the by no 
means exorbitant fee of three hundred dollars. 

In January, 1867, Mr. Leaming removed from Bloomington to Chicago, 



THE BENCH AND BAR OF ILLINOIS, 121 

and the already high reputation which he had gained enabled him soon to win a 
large clientage here. From the year of his arrival until 1886 he was in partner- 
ship with R. S. Thompson, but since that time has been alone in the practice. 
While he is known as a general practitioner, he has devoted his attention largely 
to civil law, and has left the impress of his individuality upon the law history 
of the state. He became connected with the Illinois bar at a time when there 
were few if any specialists, and all lawyers must be able to handle any kind of a 
cause that might- be entrusted to them. This necessitated a comprehensive and 
thorough knowledge of the law in its various departments, and Mr. Leaming 
became renowned for his legal lore as well as for his successful handling of a 
cause in the courts. 

One of the most important cases with which he was connected in an early 
day was argued before the United States supreme court about i860, which 
settled the question regarding the right to pre-empt lands within six miles of 
the Illinois Central Railroad, and he won a reversal of the decision of the supreme 
court of Illinois. This was a test case, which settled some one hundred other 
suits then pending, and was very far-reaching in its effects, for it involved the 
actions of the general land offices respecting lands withdrawn from market 
from the time of the establishment of the office until the time of the trial of the 
case. 

In politics Mr. Leaming has always been a Democrat, and was a warm sup- 
porter of Stephen A. Douglas. While residing in Bloomington he took a very 
active part in the political campaigns, but since coming to Chicago has been 
content to express his opinions by his ballot and in other quiet ways. At one 
time he was a candidate on the Democratic ticket for judge of the superior 
court of Cook county, and in 1893 he was appointed a master in chancery of the 
circuit court of Cook county. For several years he was, chairman of the bar 
committee of Chicago, was president of the Chicago Law Institute in 1895, and 
is a member of the Iroquois Club. 

In 1856 Mr. Leaming was united in marriage to Miss Harriet Scovel, of 
New Jersey, a daughter of Rev. Alden Scovel, a Presbyterian minister. They 
now have five living children. The parents are members of the Reformed 
Episcopal church. 

This in brief is the history of one whose connection with the bar of Illinois 
has not only brought him renown, but has reflected honor upon the profession 
in the state. A diligent student from the beginning of his career, he has ac- 
quired an unusually profound knowledge of the law, which a well disciplined 
memory places absolutely at his command. He is an original thinker as well, 
and has a generous share of that very necessary quality which we term common 
sense. Thus he is never led away by impractical theories, and his judgment 
is reliable and accurate. 

Hon. George W. Miller has in his brief life-span of thirty years at- 
tained a distinction equaled by few whose career covers so short a period. As 
a lawyer, statesman and orator he bears a high reputation that is by no means 
confined to the locality in which he lives. Illinois claims him among her native 



122 THE BENCH AND BAR OF ILLINOIS, 

sons and is proud of his brilliant achievements, for he has indelibly impressed 
his individuality upon the statutes of the state, and in the realm of legal prac- 
tice is already gaining a place among those whose seniority in business and in 
years has given them great advantage over those of the younger generation. 
He has stood as the defender of the rights and liberties of his fellow men both in 
the assemblages where the law is formulated and where it is executed, and his 
ability to interpret the principles of justice has been indicated in many a master- 
ful argument showing deep thought, comprehensive legal learning and the keen- 
est discrimination between truth and falsity. Such is the work to which Mr. 
Miller is now devoting his energies, — labors that necessitate the possession of 
strong mentality, exceptionally keen analytical power, extended research and 
' close application ; for in the law, perhaps more than in any other calling, suc- 
cess must depend upon individual effort and personal merit. 

Mr. Miller was born on a farm near Gilman, Illinois, January 12, 1869, a 
son of Rufus H. and Ellen M. (Hale) Miller, the former a native of Ohio and 
the latter of Massachusetts. Both came to Illinois in early childhood, and the 
father of our subject, after attaining to man's estate, turned his attention to 
agricultural pursuits. Later, however, he engaged in the nursery business for 
a number of years, but has now for a few years past been connected with the 
insurance business. He has always been a pronounced Democrat, voting always 
for the candidates of that party with the exception of the years i860 and 1864, 
when he supported Abraham Lincoln for the presidency. His father was also 
an advocate of Democratic principles until i860, at which time he allied his 
strength with that of the Republican party and continued to follow its banner 
until his death. 

Upon the home farm George W. Miller spent his early years and in the 
scli6ols of Gihnan acquired his literary education, being graduated at the Gil- 
man high school in the class of 1887, when eighteen years of age. He chose as 
the field of his future labor the greatest of all the learned professions and in 
1889 entered the Union College of Law, of Chicago, where he remained as a 
student for one year. He then went to Washington, D. C., where from 1890 
until September, 1891, he was one of the chief clerks in the census bureau, en- 
gaged in computing the eleventh census of the United States. In September, 
1890, he joined the senior class of the law department of the Columbian Uni- 
versity, and completed the regular two-years course in one year, graduating^ at 
that institution in June, 1891. Resigning his position on the census bureau 
in September of the same year, he came to Chicago and accepted a clerkship in 
the law office of James R. Mann, with whom he continued in that capacity until 
January i, 1894, when he became the junior member of the law firm of Mann, 
Hayes & Miller, a connection that has since been maintained. The firm occu- 
pies a leading position in professional circles. 

For four years Mr. Miller has now been an active member of the Chicago 
bar and has gained an enviable distinction by the able manner in which he has 
handled the legal interests entrusted to his care. He devotes his best thoug-ht 
and energies to his practice, and the assiduous and earnest attention which he 



THE BENCH AND BAR OF ILLINOIS. 123 

4 

gives to his clients' affairs has earned for him the reputation of a careful, trust- 
worthy and reliable guardian of the interests of others. He is a clear and 
logical speaker, a close reasoner and a convincing advocate before court or 
jury. He is always courteous and self-possessed, with a poise not easily dis- 
turbed, is generous to his opponents, fair to his witnesses and has the respect 
of the bar and the general public as well. In October, 1897, he was appointed 
a master in chancery of the superior court of Cook county, which is an unprece- 
dented honor, for few men of his years have ever held that position. 

In his political affiliations Mr. Miller is diametrically opposed to his father, 
being widely recognized as an unswerving Republican. He is a most effective 
campaign speaker, instructive, entertaining, logical and convincing, and his 
ser\aces in that particular are greatly in demand. His powers of oratory make 
him a fluent, graceful, easy speaker, and while thus entertaining his hearers, he 
at the same time appeals to their reason in a manner that makes his words not 
easily forgotten. His legislative service has been most brilliant and honorable. 
In the fall of 1894 he was elected a member of the house of representatives from 
the third senatorial district, and in January, 1895, took his seat as a member 
of the thirty-ninth general assembly of the state of Illinois. He had some im- 
portant committee appointments, serving as a member of the committee on 
statutory revision, the judiciary and on state and municipal civil-service reform. 
During the special session of the thirty-ninth assembly he was a member of the 
''steering committee." He introduced into the house and had charge of the 
Torrens bill while it was pending, also the county civil-service bill and a bill to 
revise the pharmacy laws. All of these bills were passed and became laws. 
From the commencement of the senatorial contest he was an earnest and out- 
spoken supporter of Shelby M. Cullom for re-election. 

So capably did Mr. Miller represent his district and labor for the interest 
of his constituents that in 1896 he was re-elected, and in January, 1897, became 
a member of the fortieth general assembly. In that session he was appointed 
chairman of the committee on the judicial department and practice and is a 
member of the committees on civil service, finance, live stock and dairying, 
elections and statutory revisions. He introduced and was instrumental in se- 
curing the passage of the bill to consolidate the supreme court at Springfield. 
For twenty-five years similar bills had been introduced at almost every session, 
only to meet defeat, and many of Mr. Miller's friends regard his successful 
conduct of this bill through the house as the most important work he has per- 
formed during his two terms of service. He received congratulations upon 
this work from all parts of the state and won high encomiums from the bar. 
When the supreme court declared the Torrens law unconstitutional he again 
introduced and had charge in the house of a second Torrens bill, so amended 
as to comply with the supreme-court decision. This became a law. He also 
introduced a bill to establish branch appellate courts in Illinois, and in the 
house had charge and secured the passage of a bill providing for an increase 
in the salaries of the supreme-court judges from five to seven thousand dollars. 
Mr. Miller is recognized as one of the strongest debaters in the legislature. His 



124 THE BENCH AND BAR OF ILLINOIS. 

argument is ever clear, forcible, exact and to the point, and at the same time 
lacks not the oratorical adornments which not only please the aesthetic sense 
but also serve to heighten by contrast the strong points in his appeal. 

On the 4th of August, 1892, Mr. Miller was united in marriage to Miss 
Carrie E. Sproule, of Chicago, and in social circles they occupy an enviable 
position. Mr. Miller is a member of the Knights of Pythias fraternity and ^f the 
Royal League, and the social qualities of his nature have endeared him to many 
friends, while his pleasing conversational powers make him a favorite in business, 
legislative and home circles. 



CHAPTER VIII. 

BENCH AND BAR OF CRAWFORD COUNTY. 

CRAWFORD COUNTY was created by "an act of the Legislative Council 
and House of Representatives of the Illinois Territory," approved on 
• the 31st of December, 18 16. Its boundaries, as fixed by the act creating 
the territory, were as follows: "Beginning at the mouth of the Embarrass river 
and running with said river to the line between townships three and four north 
of range eleven west of the second principal meridian, and thence due north until 
it strikes the line of Upper Canada, thence to the line that separates the terri- 
tory of Illinois from the state of Indiana, and thence south with said line to 
the place of beginning." The same act fixed "the seat of justice at the house of 
Edward N. Cullom," which was on the present site of the village of Palestine. 

The first term of court held in the county convened at the house of Edward 
X. Cullom on the 15th of September, 1817. Hon. Thomas Towles was the 
presiding judge. There were four cases on the docket for trial, — one action for 
debt, one for assault and battery, and two actions on the case. Four indictments 
were returned by the grand jury, two of which were for assault and battery, one 
for selling whiskey to Indians, and one for "bringing home a hog w^ithout ears." 
The court adjourned until court in course on the 17th of September, 181 7. 

The first term of the circuit court held after the state was ^admitted into the 
Union was a special term which convened on July i, 1819, for the trial of Will- 
iam Kilbuck, Captain Thomas and Big Panther, three Delaw^are Indians, for the 
murder of Thomas McCall. McCall was engaged in surveying the public lands, 
and these Indians asked for an order to the man in charge of his camp to give 
them whiskey. He pretended to comply with their request, but sent the order 
by them that they should be g^iven no whiskey, and for the deception they killed 
him. Kilbuck was convicted and sentenced to be hanged the next Wednesday, 
but escaped before the day set for his execution, and there lingers m the county 
a tradition that there were boodlers even in that early day. This court was 
held by Judge Thomas C. Browne, who continued to be the presiding judge 
until the April term, 1820. 

Judges Towles and Browne appear to have done nothing to impress their 
names or character upon the public mind. Among the pioneers of the county 
there can be found no recollections or traditions of them as judges or as men. 
Nothing can be learned outside of the brief judicial records to which they affixed 
their names. 

Judge William Wilson held the October term, 1824. He was a very prom- 
inent man during his judicial career, and very highly esteemed as a judge of 
both circuit and supreme courts. His written opinions are usually short, clear, 

125 



126 THE BENCH AND BAR OF ILLINOIS. 

satisfactory and sound law. In his time the court and bar **rode the circuit" 
together. Story-telling was a high art among them, and he was of the best. 
One of his stories was of a grape vine which follcAved a rail fence around three 
sides of a ten-acre field, three-quarters around the fourth side, then to the top 
of a very tall maple tree, from which its tendrils reached toward the clouds, but 
>for want of support fell to the earth. This vine produced **tons and tons of 
grapes, which were hauled away in wagon loads by people who came from 
far and near to see the wonder and to gather its rich clusters of grapes, from 
which were manufactured many thousand barrels of excellent wine." Judge 
Wilson was a resident of White countv and died, at Carmi, manv vears since. 

When the state was divided into circuits, in 1824, James O. Wattles was 
elected judge of the fifth circuit, which included the county of Crawford. Judge 
Wattles was commissioned January iq, 1825, and was legislated out of office 
by an act of the legislature approved January 12, 1827. He held the February 
term, 1825, and a special term in May afterward. Judge James Hall held the 
November term of the same year, and Judge Wattles held the terms for May 
and November, 1826. Judge Wilson then held the courts from the April term, 
1827, to the April term, 1834, and was succeeded by Judge Justin Harlan, who 
held all the courts in the county until the September term, 1840. Judge Wilson 
then held the courts from the April term, 1841, to the April term, 1849, when 
he was again succeeded by Judge Harlan, who held the courts until the October 
term, 1858. 

Judge Harlan justly ranks with the best judges and lawyers of his time. 
Like Judge Wilson, his profound knowledge of the law did not detract from 
his high character as a teller of stories. He loved the music of the chase, and 
many of his storit's were the embellished productions of the pioneer settlers. One 
tale that is still remembered, was of a fox that, while the hunters were taking 
refreshments, died so suddenly that on their return they found it standing on 
its legs stiff and cold in death. Judge Harlan was a resident of Marshall, in 
Clark county, and his history as a lawyer is properly written in the history of 
the bench and bar of that countv. 

Hon. Alfred Kitchell, of Richland county, was elected judge in the twenty- 
fifth circuit and held the courts from the May term, 1859, until he was suc- 
ceeded, in 1861, by Hon. James C. Allen, who was at that time a resident of 
Crawford county. Judge Allen resigned in 1862, having been elected to con-, 
grcss, Hon. Aaron Shaw being elected to fill the vacancy. 

In 1865 Crawford county was again placed in the fourth circuit and Hiram 
B. Decius of Cumberland county was, on the ist of December, commissioned 
as judge of the circuit court. He was re-elected in June, 1869, and continued 
to hold the courts of the county until after the constitution of 1870. In 1873 
Judge Decius was succeeded by Judge Allen, wlio continued to hold the circuit 
courts of the county until 1877, when the judicial system was changed into its 
present form, and John II alley, of Jasper county, was elected as third judge in 
the second circuit. 

On the 1 6th of June, 1879, Chaunccy S. Conger, of White, Thomas S. 



THE BENCH AND BAR OF ILLINOIS. 127 

Casey, of Jefferson, and William C. Jones, of Crawford, were elected judges of 
the circuit court in the second circuit, and these interchangeably held the courts 
of Crawford county for six years. In June, 1885, William C. Jones, Carroll C. 
Boggs and E. D. Youngblood, of Gallatin, were elected and held the courts for 
six years, when Judges Boggs and Youngblood were re-elected and Silas Z. 
Landes. of Wabash, was elected as third judge in the circuit. In June, 1897, 
Judge Youngblood was re-elected and Prince Albert Pearce, of • White, and 
Enoch E. Newlin, of Crawford, were elected judges and now hold the courts 
of the county. 

The bar of Crawford county during its early and later history has contained 
men of learning, ability and character, — men whose names deserve, and will 
receive an honorable place in the history of the state of Illinois. Among these 
are Eldredge S. Janney, born July 12, 1801, in Alexandria, Virginia. He was 
a graduate of Nassau Hall College, of Princeton, New Jersey. He came to 
Crawford county in 1827 and, following the custom of his Virginia ancestors, 
established his home in the country and managed a plantation, while he prac- 
ticed law in the county-seat. The papers remaining on file and of record pre- 
pared by him show him to have been a careful, painstaking, well educated 
lawyer. He was scholarly in his tastes, and continued to read the classic authors 
in the original until blindness hid them forever from him. He removed to 
Marshall, Clark county, in 1853, where he died December 17, 1875. 

Wickliffe Kitchell was born in New Jersey, May 21, 1789, and died at Pana, 

Illinois, February 2, 1869. About 181 4 he came to southern Indiana and began 

the improvement of a tract of heavily timbered land. While engaged in clearing 

he so cut his foot as to lame him for life and partially incapacitate him for 

physical labor. He was elected sheriff, and his association with the courts 

revived an earlier ambition to become a lawyer. He bought a few text-books 

atid read them by firelight, on rainy days and when others were idle. He was 

eventually admitted to the bar, and began the practice of law at Palestine in 

1817, and continued until 1838, when he removed to Hillsboro, Illinois. He was 

a member of the house of representatives from Crawford in 1820-21, and from 

Montgomery in 1841. He held the office of state's attorney for several years, 

and in 1839 was appointed attorney general of the state, which office he held 

for one year. He was the father of Alfred Kitchell, one of the judges of the 

circuit court of this county; of General Edward Kitchell, late of Richland county, 

and John W. Kitchell of the Christian county bar. 

Augustus C. French was born and educated in New England and possessed 
in a large degree the solid qualities of the granite hills from which he came. He 
first located in Edgar county, and represented that county in the legislature in 
1836. In 1839 he was appointed receiver of public moneys at the land office in 
Palestine, and removed to Crawford county where, besides his duties as a public 
officer, he entered actively upon the practice of law. In 1846 he was elected 
governor of the state and re-elected in 1849, holding the office until 1853. Gov- 
ernor French was misunderstood and misrepresented by many people. His 
rigid economy was called stinginess, and many stories are still current in regard 



128 THE BENCH AND BAR OF ILLINOIS. 

to his habit of feathering- and saving; small thing^s. When it is known that 
all his care and savinjr was for the purpose of maintaining and educating younger 
brothers and sisters that were dependent upon him, it presents his character in 
a fairer light and invokes a more charitable judgment than has usually been 
accorded to him. His administration of public affairs as governor was eminently 
successful. After his term of office had expired he did not actively engage in 
legal practice, but after a few years of comparative leisure removed to Lebanon 
and took charge of the law school of McKendree College. He was a scholarly 
gentleman and his life is an example of labor, of sacrifice and success, well 
worthy the consideration of those who follow him. 

William H. Sterrett was born in Nova Scotia, in 1810. He was educated in 
Kings College, Windsor. After leaving college he came to the United States 
and read law with Hon. Lucius Case, of Newark, Ohio. He was admitted to the 
bar in that state in 1840. He came to Crawford county in 1845 ^^^ continued 
in active practice until 1858, when he was elected county judge and discon- 
tinued general practice. His health had been declining for several years, and at 
the end of his term of office he returned to Nova Scotia on a visit, and died. He 
was a member of the eighteenth general assembly. As a lawyer he devoted 
himself assiduously to his business, and possessed ability both as a special pleader 
and as an advocate. As a judge he was arbitrary and took little counsel save his 
own will. On the 29th of August, 1848, he was married to Elizabeth Barlow, 
who still survives. 

George W. Peck was born at Salem, Indiana, and educated at Asbury 
University, in Greencastle, that state. He was twenty-one years old when he 
located in Crawford county, in 1853. He soon obtained a practice which con- 
stantly increased until he entered tlie army, in 186 1. He was a good special 
pleader, and his address to court or jury was always clear in statement and 
logical and eloquent in argument. His mental and physical organization was 
of very fine texture and eminently fitted him for a high rank in the legal pro- 
fession. He became captain of Company I, Twenty-first Illinois Volunteers, and 
afterward lieutenant-colonel of the regiment. His health failed until he was 
unfit for service in the field and he was detailed for duty as a provost marshal 
at Louisville, Kentucky, whence he returned to his old home in Salem, where 
he died. 

James H. Steel was born in Philadelphia and came to Crawford county in 
his boyhood. His early life was spent on a farm. He was for many years clerk 
of the county court of the county. He was admitted to the bar in 1857 and 
commenced practice. His extensive acquaintance in the county, and the con- 
fidence of the people in his integrity and business ability, brought him a large 
and profitable clientage. His mind was of that peculiar cast which reasons 
about everything and doubts everything until it is demonstrated. He was also 
a successful business man and acquired a large amount of property. His health 
failing, he retired from active practice, and died at his home in Robinson on 
the 2d of December, 1872. Air. Steel was a Whig until the organization of 



THE BENCH AND BAR OF ILLINOIS. 129 

t 

the Republican party, when he became a member of that party and participated 
zealously in every political campaign that occurred during his life. 

Jacob C. Olwin was born in Montgomery county, Ohio, December 6, 1838, 
and died in Robinson, June 22, 1887. He graduated from the Union Law School, 
at Cleveland, Ohio, in 1863. In 1864 he opened a law office in Robinson, Illinois, 
and entered upon his career as a lawyer. He was a member of the thirty-second 
general assembly of Illinois, was elected county judge in 1882, and was four 
years master in chancery for the county. Judge Olwin left a reputation for 
honor and fair dealing that will long be cherished by all who knew him. 

Franklin Robb was a man whose name and memory will linger long and 
lovingly with the older citizens of the county, and members of the bar who were 
associated w^th him in his practice will ever remember and honor him. Mr. 
Robb was born in Gibson county, Indiana, February 15, 18 17. He graduated 
a* Wabash College, Crawfordsville, Indiana, was admitted to the bar in 1840 
and for a time practiced law at Princeton, Indiana. He then spent three years 
studying medicine, and practiced that profession several years, when he returned 
to the law, to the practice of which he devoted his entire time and energy to the 
end of his life. His knowledge of the law was profound. Every question that 
came to him was thoroughly investigated and he seemed never to weary until 
he w*as satisfied that he had the correct solution. He was fearless and unshrink- 
ing in his defense of the conclusions to which his research led him. His char- 
acter was above suspicion and his statements of facts were always accepted with 
absolute confidence. He was county judge for a term of foUr years and his 
opinions from the county bench would have done honor to the supreme bench. 
He was an elder in the Presbyterian church, and a Republican from the organi- 
zation of the party until his death, which occurred in Robinson, February 10, 
1890. 

Major Guy S. Alexander was born in Crawford county, Illinois, December 
4, 1847, ^"^ <^i^^ ^^ Robinson, May 28, 1876. He was a son of Dr. John Alex- 
ander, one of the pioneer settlers of the county. He began and pursued his law 
studies w'hile teaching country schools, and was admitted to the bar in 1866. On 
the 15th of January, 1862, he was mustered into the service of the United States 
as second lieutenant of Company F, Sixty-second Illinois Infantry, and was 
mustered out as major of the regiment, on March 6, 1866. 

He was married on the 3d of September, 1867, to Miss Rhoda Becker and 
in the same year opened a law office in Robinson. His mind was active and 
ready for whatever might arise in the trial of a cause, skillfully arraying his 
authorities to maintain his positions. He was county attorney from 1872 to i876» 
filling* that position to the general satisfaction of the people. 

The history of the lawyers of Crawford county who have died would be 
incomplete without some mention of Charles C. Fletcher, who came to the county 
in 1863 and died in Robinson September 20, 1873. Whence he came seems to 
have been unknown. His brilliant and somewhat erratic career, ending under 
shadows that were akin to insanity, will not soon be forgotten. He was well 

educated both in law and literature. His presence was commanding. Curled 
9 



I30 THE BENCH AND BAR OF ILLINOIS. 

locks, black as the raven's wing, hung over his broad intellectuar forehead, and 
when excited his eyes flashed with a brilliancy that was startling. His speeches 
both at the bar and on the stump were smooth and eloquent. But "melancholy 
claimed him for its own," and ere he died, reason too had fled. 

Of the lawyers who constitute the present Bar of Crawford county Ethelbert 
Callahan is the oldest. He was born in Licking county, Ohio, December 17, 
1829. His father was of Irish and his mother of English descent. His grand- 
father, Rev. George Callahan, was a soldier of the Revolution and a pioneer 
Methodist preacher in Ohio. In 1849 ^^ came to Crawford county, and that winter 
he taught a three-months school, at fifteen dollars a month, and when paid felt 
richer than at any time since. He edited the Wabash Sentinel in 1853-4. after 
which time he went to Marshall and edited the Telegraph during the Know- 
Nothing campaign of that year. 

C)n the 27th of June, 1854, he married Mrs. Mary Barlow Jones and has 
since resided in Crawford county. In bovhood he had heard Thomas Ewing 
make a great legal argument and had decided, in boyish fashion, that he too 
would be a lawyer, but years had passed, leaving the ambition still ungratified. In 
1857 he was elected justice of the peace, began to read law, and in 1859 was 
admitted to the bar. In 1861 he opened an office at the county-seat and com- 
menced an active practice, v/hich he still continues. 

His career as a lawyer has been sufficiently successful to gratify any reason- 
able ambition. This has been achieved by an untiring devotion to his profes- 
sion, a profound knowledge of the law, the patient study that gave him complete 
mastery of his cases and a rare faculty for seizing opportunities in their trial, a 
genius for examining witnesses and an unfailing judgment of men, strong earn- 
est argument, and the high standard of honor and courtesy to friend and foe that 
entitles a man to call himself in the true sense a lawyer. 

The general practice of a country lawyer necessarily includes every branch 
of the law and all classes of cases, from the most trivial to those of the most 
serious character, involving life, liberty, reputation and the numerous rights of 
property arising out of the diversified pursuits and commerce of the country. 
This kind of a practice enlarges the knowledge and broadens the mind of a 
lawyer who keeps up with its demands. It is enough to say of Mr. Callahan 
that he has not lagged behind his professional brethren, but has won his full 
share of important legal battles. As recognition of his character, ability and 
standing as a lawyer the honorable degree of Doctor of Laws was, in June, 
1898, conferred upon him by McKendree College. 

Mr. Callahan claims the distinction of having made the first speech in the 
county in behalf of the Republican party. As a Republican he has been a mem- 
ber of the twenty-ninth, thirty-seventh, thirty-eighth and thirty-ninth g^eneral 
assemblies of the state. As presidential elector he voted for Garfield and Harri- 
son. He was a member of the first state board of equalization. He is a member 
of the Methodist church and was, in 1874, a delegate from the southern Illinois 
conference of that church to the general conference held in Brooklyn. Mr. 
Callahan was one of the organizers of the Illinois State Bar Association, was 



THE BENCH AND BAR OF ILLINOIS. 131 

its president in 1889, and has contributed several valuable papers, among which 
was "The Lawyers of the Bible," which has been extensively copied. 

He is one of the largest farmers in the county and his farm on the banks 
of the Wabash is an exponent of the best scientific methods of cultivation. His 
great success proves that brains are better, even in the growing of corn and 
systems of drainage. 

William C. Jones, who for twelve years occupied the bench of the 
second judicial circuit, w^as at the time of his election the youngest 
circuit judge in the state, a distinction of which he has every reason to be 
proud, for the public is a discriminating factor and does not lightly place the 
scales of justice in unworthy hands. It was therefore a tribute to his ability 
and an unmistakable evidence of the confidence reposed in him by the voters of 
his circuit. On the expiration of his second term he retired to private life and 
is now successfully engaged in the practice of lav/ in Robinson as a member 
of the firm of Jones, Eagleton & Newlin. 

Judge Jones w^as born in Hutsonville, Crawford county, Illinois, July 15, 
1848, and w-as a son of Casw^ell Jones, a successful merchant, who died in March, 
1853. I^ June, 1855, his mother married again, becoming the wife of Ethelbert 
Callahan, who, in 1861, removed to Robinson and opened a law office. While 
a youth William C. Jones, following his own wishes, entered the office of the 
Monitor, a local newspaper, where he served as the youngest apprentice for a 
year. In 1863 he became a student in the Ohio Wesleyan University, w^here he 
remained three years, following his literary course by study in the office of 
Callahan & Steel, in which he began his reading in 1867. Later he attended a 
course of law lectures in the Michigan State University, at Ann Arbor, and 
on the 9th of May, 1868, was admitted to the bar. In June of the same year he 
entered into partnership with his step-father, Mr. Callahan, this connection con- 
tinuing for ten years, during which he gained wide experience in the work of 
the courts and won a liberal clientage. He has always made a close study of 
the p>olitical problems of the day, and in November, 1870, was elected a member 
of the twenty-seventh general assembly of Illinois. In November, 1877, he was 
elected judge of the county court, which position he filled, to the entire satis- 
faction of all concerned, until June, 1879, w^hen he was elected to the circuit 
bench for a term of six years. On the expiration of that period he was re- 
elected, filling the office until June, 1891. As a judge he was careful, pains- 
taking", energetic and industrious. He was ever kind and courteous to the bar 
and to the public, and seemed to possess a strong realization of the importance 
of the profession to which he devoted his energies and the fact that justice and 
the higher attribute of mercy he often held in his hands. His opinions were 
entirely unbiased by fear or favor and showed a comprehensive and accurate 
knowledge of the law. 

Upon his retirement from the bench, in 1891, Judge Jones formed a part- 
nership w-ith E. E. Newlin, w'ho was then state's attorney, and the relation was 
maintained until the election of Mr. Newlin to the bench of the second judicial 
circuit, in June, 1897. In that year Judge Jones formed a partnership with 



132 THE BENCH AND BAR OF ILLINOIS. 

Judge J. C. Eagleton and Thomas J. Newlin, under the firm name of Jones, 
Eagleton & Newlin, and is now in active practice. He was appointed a min- 
ority member of the court of claims by Governor John R. Tanner, in 1897. He 
has always been a very close student, and his legal learning has gone beyond 
and encompassed not only the leading principles but the minutiae of jurispru- 
dence in a manner equaled by few. In 1880, in connection with Judge Cunning- 
ham, of Urbana, he published "A Treatise on the Jurisdiction and Practice in 
County and Probate Courts," which they revised in 1892, and which is still 
accepted as standard authority. 

Judge Jones is not only a prominent lawyer and jurist but is also a success- 
ful financier and business man, and is now serving as vice-president of the First 
National Bank, of Robinson. Socially he is connected with the Knights Temp- 
lars of the Masonic fraternity; politically is a Democrat; and religiously a 
Presbyterian. His home life is very pleasant. He was married, November 25, 
1869, to Mary H., daughter of James H. Steel, then a member of the Crawford 
county bar. and thev have three children, Caswell, William and Dorothy M. 
Judge Jones has never confined his reading solely to the law and kindred sub- 
jects. He is a man of scholarly attainments and broad general culture, familiar 
with the leading works of the master minds of all ages. He, too, possesses con- 
siderable literary ability, and in 1892 published a volume entitled "Birch-rod 
Days and Other Poems,*' which was followed, in 1896, by "Elements and Science 
of English Versification.'* These, taken in connection with his law volumes, 
show the wide range of a versatile mind, and indicate an interest in the various 
problems of life which shovys a well rounded and symmetrical character. 

Hon. John C. Eagleton is a native of Crawford county, Illinois, and vvas 
born April 10, 1866. He graduated in the public high school of Robinson, 
Illinois, with honor, June 3, 1885, and afterward read law in the office of Olwin 
& Newlin, being admitted to the practice of his profession in 1889. In Sep- 
tember, 1891, he opened a law office in Robinson and began active practice. 

He was married to Miss Lola M. Ritchie April 6, 1892. Shortly after his 
admission to the practice he was elected and served one year as city clerk of 
Robinson, and was then elected city attorney of Robinson for two successive 
terms, resigning within his second term, to accept the office of county judge 
of Crawford county, to which he was elected in 1894. On May i, 1896. he formed 
a partnership with Judge W. C. Jones and E. E. Newlin, which continued until 
the election of Mr. Newlin as circuit judge, in June, 1897. After Judge Newlin's 
retirement from the firm Tliomas T. Newlin became a member of the firm under 
the firm name of Jones, Eagleton & Newlin, which firm is still in existence and 
in the active practice of law. 

Judge Eagleton is a versatile speaker, an active, industrious young- man 
and well versed in the law, being a close student of the same. As a county judge 
he has given universal satisfaction, and presides with becoming dignity, and 
the easy grace that readily fits him for the duties of that profession. 

Socially he is a Knight of Pythias and a Mason; religiously he is a member 
of the Christian church; politically he is an ardent RepubHcan, and is frequently 






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THE BENCH AND BAR OF ILLINOIS, 133 

called upon to address public gatherings and always responds in an easy and 
fluent manner. 

Judge Enoch E. Newlin was born on a farm in Crawford county, Illinois, 
February 22^ 1858. He was four years old when his father died, in the army, 
in 1862, leaving his mother a widow with three small boys. His mother had but 
little means, and at that time, with one horse and one cow, was living on a rented 
farm in said county. By her good management and hard labor she kept her 
little family together, and when her boys were old enough to attend school she 
kept them in the district school during the winter, and in the summer time they 
were employed at such work as they could find, to help make a living. Enoch, 
being the oldest, was hired out to work on a farm by the month when he was 
thirteen vears old. He continued thus to work in summer and attend school in 
winter until he was seventeen, when he began to teach school. He taught eight 
successive terms of winter school in said county, using the money derived there- 
by in assisting his mother and younger brothers in maintaining the family at 
home. In 1879, ^y ^^is economy, he had a little money saved up, and with that 
to pay his expenses, he attended the State Normal School at Terre Haute, 
Indiana, one year. In 1880 he entered the law office of Callahan & Jones, in 
Robinson, Illinois, as a law student, and pursued his law studies for two years, 
teaching school in the winter time to obtain money with which to pay his board 
during the summer. In 1882 he was admitted to the bar. Without money and 
without clients, but with an ambition and determination to become a lawyer, he 
at once opened a law office at Robinson, and as a young lawyer began the strife 
to succeed in his profession. His many friends and acquaintances, made while 
working on the farm and teaching school, were an advantage to him, and he 
soon began to pick up a good law practice. His whole energy and desires were 
directed to the practice of his profession, and since he began practicing he has 
applied himself constantly to his law business. His success from the start as a 
trial lawyer, and his careful preparation and management of his cases in court 
were so noticeable that his business increased rapidly. 

In 1883 he was appointed city attorney for the city of Robinson, and dis- 
charged his official duties in a manner creditable to himself and to the entire 
satisfaction of the city. In 1884 he was elected state's attorney for Crawford 
county, and re-elected without opposition in 1888. In 1892 he declined to 
become a candidate for re-election. As state's attorney he was vigilant and care- 
ful, and his honest and persistent efforts in the trial of offenders, and his ability 
to take a broad view of the facts in controversy and the law applicable to the 
case, won for him the confidence of jurors, and the guilty were made to pay the 
penalty for violating the law. During his eight years' service as state's attorney 
he collected each year from fines and forfeitures enough money to pay his fees 
and had a balance left that he turned over annually to the county. His integrity 
and ability have been recognized and admired by the judges on the bench and by 
the lawyers, not only in his own county but in other counties where his law- 
business called him. In 1897 he was elected to the office of Judge of the circuit 
court in the second judicial circuit of Illinois, and his knowledge of the law. 



134 THE BENCH AND BAR OF ILLINOIS. 

even temper, and care in weighing controverted questions arising before him, 
have demonstrated that he is capable and well fitted to fill the office of judge. 
He has while on the bench jE^iven general satisfaction to lawyers and litigants, 
and made a record of which any judge might well feel proud. 

In politics Judge Xewlin has always been a Democrat, and has been an 
enthusiastic factor in his own county in the cause of free silver. His party has 
felt and appreciated his assistance, both on the stump and as an organizer. 
While he has labored for the success of his own party, he has always been 
courteous to his political opponents, and accorded to them the same honest 
purpose possessed by himself. 

By his economy and industry he has accumulated some property, and has 
a beautiful home in Robinson, where he resides with his family. In 1885 he 
married Miss Clara Coulter, a niece of Judge J. W. Wilkin, of the supreme 
court of Illinois, and they have a family of three interesting children. He is 
sober, moral and religious in his habits, a hard worker, industrious and well 
informed, and does not devote much time to recreation. When not engaged 
in his business he can usually be found at home with his wife and children, where 
he takes great delight in enjoying the comforts of a happy home. Judge Xewlin 
i.-> young in years, with much of life and bright prospects before him. In his 
manly struggle from his humble beginning, and his success achieved he demon- 
strates what a plucky, honest and energetic American boy can do when depend- 
ing entirely upon his own resources. 

Alfred H. Jones is numbered among both the lawyers and law-makers of 
Illinois. He has practiced for twenty-three years at the bar of Robinson, and 
has also been instrumental in framing the laws of the state through service in 
the general assembly. He is numbered among Illinois' native sons, his birth 
having occurred in Crawford county, at Flat Rock, on the 4th of July, 1850- 
His paternal grandparents were Aaron and Mary (Shepard) Jones, the former 
a native of Wales, the latter of Scotland. Their son, John M. Jones, father of 
our subject, was born in Virginia and married Elizabeth Ford, a native of Ken- 
tucky, and a daughter of John and Hopy (Highsmith) Ford, the former a native 
of England, the latter of Holland. All were farming people and the parents of 
our subject, coming to Illinois at an early day, cast in their lot with the pioneer 
farmers of Crawford county. 

Alfred Hanley Jones was reared on his father's farm, and amid fields of 
grain and verdant meadows spent his childhood days. For two years he >yas a 
student in Westfield College, of Clark county, Illinois, and completed his literary 
education in the National Normal School, of Lebanon, Ohio, where he was 
graduated in 1870. The following year he went to Kansas, where he remained 
for a year, and upon his return began the study of law^ being admitted to the 
bar on the 14th of June, 1875. In the same year he was elected city attorney 
of Robinson and in 1876 was appointed state's attorney to fill out the unexpired 
term of G. S. Alexander. In the practice of law he has succeeded in gaining 
a good clientage and is well versed in the various departments of jurisprudence, 
with keen perceptive power and analytical ability, sound judgment in deter- 



THE BENCH AND BAR OF ILLINOIS. 135 

mining the law applicable to the facts under consideration and effective manner 
in presenting his arguments to judge or jury. 

Mr. Jones had long been a prominent factor in Republican circles in south- 
ern Illinois. He served for ten years as a member of the town council and gave 
a public-spirited support to every progressive measure for the general good. For 
fifteen years he was a member of the board of education and the cause of the 
schools found in him a warm and practical friend. In 1886 he was elected and 
served in the thirty-fifth general assembly, proving an able representative of his 
district, but on his retirement from that office he resolved to never again become 
a candidate for an elective office. He has, however, served in several appointive 
positions, being at the present time chairman of the board of trustees of the 
Eastern Illinois State Normal School, at Charleston, Illinois. His interest in 
politics has never abated. He is well informed on the issues of the day, and his 
powers of organization and splendid executive ability have contributed not a 
little to Republican successes. For six years he was a member of the state 
central committee of his party, and for twenty years has been a member of the 
county central committee. Each year he enters actively into campaign work 
and his organizing power is well supplemented by his strength on the platform, 
his oratory, sound logic and readiness in argument proving both entertaining 
and convincing. 

Mr. Jones has been twice married. On the i8th of June, 1872, he married 
Ellen M. Thompson, of Poolsville, Indiana, who died in 1874, leaving one son, 
Gustavus Adolphus. His present wife bore the maiden name of Catherine A. 
Beals, and they were married November 26, 1878. They had one child, Roscoe, 
who was born October 3, 1880, and died October 4, 1883. With his wife and 
son Gustavus, Mr. Jones resides in Robinson and their high position in social 
circles is assured by their sterling worth. For over twenty years Mr. Jones has 
been a valued member of the Masonic fraternity and Odd Fellows society, and 
for five years has been connected with the Modern Woodmen of America, the 
Court of Honor and the Royal Neighbors. He also belongs to the Methodist 
Episcopal church. 

Presley G. Bradbury was born on a farm in Crawford county October 6, 
T^47. At the age of fifteen he conceived the thought of leading a professional 
life and shaped his studies along the line of his ambition. He attended the state 
normal schools at Carbondale and Bloomington. He v/as county superintendent 
of schools from 1873 to 1877. In 1874 he began to read law in the office of 
Judge Robb, and in 1876 was admitted to the bar and formed the partnership of 
Robb & Bradbury, which was dissolved by the death of Judge Robb. From 
1876 to 1884 he was state's attorney. He was married December 31, 1879, to 
Miss Jennie Kelley, of Sullivan, Indiana. 

Mr. Bradbury has a strong physical organization which endures protracted 
labor without weariness, and since his advent into professional life has brought 
all of his physical and mental powers into requisition in order to win success. 
Honest and candid in his deaHngs with private individuals, and with all public 
business entrusted to him, he commands the respect and confidence of his fellow 



136 THE BENCH AND BAR OF ILLINOIS. 

citizens. He is in the prime of life and his history can not be truly written until 
after years have covered him with the full honors of a useful career* Mr. 
Bradbury is an elder in the Presbyterian church and an ardent temperance man 
who illustrates his profession by his own daily life. He is politically a Dem- 
ocrat and marches under the Hag of his party in all political campaigns. He is 
also a successful farmer and stockman, and to these interests he gives his personal 
supervision. 

Aus])y L. Lowe was born at Hutsonville, November i8, 1857. His family 
is one of the oldest and best of those pioneers who came from Virginia to find 
homes in the new west. He is a graduate of Earlham College, Richmond, 
Indiana. Upon leaving school he entered the office of the circuit clerk and ex- 
officio recorder of the county. In this office he disclosed an ability to discover 
and secure the correction of mistakes, which attracted the attention of lawyers 
and suitors. When his term as deputy clerk ended he was invited to take a 
place in the office of Callahan & Jones, with a view to his admission to the bar 
and to a permanent place in the firm, and he was duly admitted and at once the 
firm of Callahan, Jones & Lowe was formed. Mr. Lowe is justly regarded as 
one of the safest legal advisers in all matters of business and upon all questions 
of real-estate titles. His deliberately formed opinions are of the highest 
authority. His mind is of a distinctly judicial cast, and its operations tend more 
strongly to securing the right of the matter under consideration than the advo- 
cacy of a selected side of a controversy. He possesses in a high degree the sense 
of honor, integrity and honest devotion to duty, which are the secure foundation 
■for success in the life and business of the lawyer. 

Mr. Lowe is not devoid of judicial ambition. He has already filled the 
office of county judge with abihty, and higher judicial honors may safely be 
predicted for him. His politics begin and end in the "traditions and doctrines" 
of the Democratic party, of which he is an active partisan. Mr. Lowe was mar- 
ried to Miss Alice Hodge, on the 27th of November, 1879, ^^^^ ^*s sons are 
worthy successors to the name. 

George N. Parker was born in Crawford county, April g, 1843. ^^ married 
Miss Julia Crowley May 5, 1870. He was educated at Union Christian College, 
Meroni, Indiana. He taught school for several years and was elected superin- 
tendent of schools for one term, during which he read law^ in the office of C. C. 
Fletcher, then attended the law department of Michigan University and was 
admitted to the bar in 1870. He located at the county-seat, wh<ire he still re- 
sides, and has a large practice. His industry is proverbial. His office hours 
begin early and end late. His manner is always that of one in a hurry. His 
devotion to the interest of his clients passes without question, and by his per- 
sistent zeal he often wins where others would fail. His manner of address to 
court and jury is fervent and confident, whether right or wrong. Mr. Parker 
has given much time and study to horticulture, and is an authority on apples 
as well as law. 

Hon. Joseph ?>. Crowley was born at Coshocton, Ohio, in 1858, moved to 
Jasper county with his parents while very young, and there he resided until 1872, 



THE BENCH AND BAR OF ILLINOIS. 137 

when he accompanied them to Robinson. His boyhood days were spent on a 
farm. Mr. Crowley is a self-made man in the fullest acceptation of the term. 
His earliest education was received in the common schools and in actual experi- 
ence in the business world. At the age when most boys nowadays wear Fauntle- 
roy curls and clothes he was put astride a horse to carry the mail from this city 
to Lancaster, in Wabash county — a distance of forty miles. He prosecuted the 
study of law under difficulties, was admitted to the bar in 1883, formed a part- 
nership with Hon. G. N. Parker and began the active practice of his profession. 
In 1886 Mr. Crowley was elected county judge by a large majority, and was re- 
elected in 1890. In 1893 ^^ was appointed special treasury agent in charge of 
the seal fisheries of Alaska. He has served as master in chancery, was twice 
elected president of the school board, was twice a member of the congressional 
committee of his district, and is at present serving his twelfth year as treasurer 
of the county Democratic central committee. He is a wide-awake, energetic 
young man and always identified with all progressive measures. 

George W. Jones was born in Crawford county October 28, 1858. He grew 
up on a farm and was educated in the public scliools. He was married first to 
Miss Euphemia Bales, November 3, 1878, and his second union was with Miss 
Christine Kern, on July 12, 1895. From 1886 to 1890 he was sheriff, and on the 
expiration of his term of office entered the office of Jones & Newlin as a law 
student. He was admitted to the bar in 1892, since which time he has been 
engaged in the law practice in Robinson. He is quick to see the vital point 
in a legal controversy, is a very magnetic speaker and there is predicted for 
him a very prosperous and successful career. He is a member of the Methodist 
church and one of the most efficient of the organizers of the present Democratic 
party in Crawford county. 

John C. Maxwell was born in Blount county, Tennessee, September 26, 
1847, and came to Crawford county in 1848. He graduated at the National 
Normal School, Lebanon, Ohio, in 1872, read law in the office of Callahan & 
Jones, was admitted to the bar in 1875 and has since that time practiced his 
profession in Robinson. He was married, in 1881, to Miss Gertrude Jackson, 
of New Albany, Indiana. He is a Methodist and a Republican. 

Edward S. Baker was born in Fountain county, Indiana, December 25, 
1872. He is a graduate of the Robinson high school and was a very successful 
teacher. He read law in the office of Callahan, Jones & Lowe and v.^as admitted 
to practice August 25, 1897. In September of the same year he married Miss Ida 
Evcringham. He is a member of the Baptist church and of the Republican 
party, is well educated in literature as well as law, has an enviable reputation as 
a political speaker and there is predicted for him an unusually bright and suc- 
cessful future. 

Hampton S. Bogard was boril in Sainte Marie, Illinois, August 22, 1863. 
His father was a farmer, and the son remained on the farm until he was twentv 
years of age, during which time he attended the common schools. In 1883-4 he 
attended Union Christian College, at Merom, Indiana. For some years he 
taught school and in vacation read law in the office of Parker & Crowlev, in 



138 THE BENCH AND BAR OF ILLINOIS. 

Robinson. In 1887 he graduated in the law department of the Northern 
Indiana Normal School, at \'alparaiso. He was admitted to the bar in May, 
1896. and immediately began the practice of his chosen profession m Robinson. 
He was elected state's attorney in November, 1896, and is at this time discharg- 
ing the duties of that office. 

George E. McQueen was born in Bartholemew county, Indiana, March 19, 
1858, was married to Miss Emma J. Gordon November 18, 1881, and was 
admitted to the bar in 1886, since which time he has been engaged in the practice 
of law in Robinson. 

V^almore Parker was born in Crawford county, on the 29th of December, 
1861. He is a graduate of the normal school at Danville, Iridiana, and a very 
successful teacher. He was county superintendent of schools from 1890 to 1896. 
He was married in 1886 to Miss Ella Barrett. He read law in the office of 
George N. Parker, in Robinson, was admitted to the bar in 1887, and has since 
been engaged in the practice of law in the county. He is a Democrat, with 
unblemished reputation. 

F. W. Lewis w-as born at Lewiston, Ohio, April 8, 1864. Mr. Lewis is a 
graduate of the Robinson high school. He was a law student with Robb & Brad- 
bury, was admitted to the bar in 1886, and located in Robinson. He was state's 
attorney from 1892 to 1896. Mr. Lewis is a rising lawyer and a prominent 
Democratic politician. 

Joseph A. MacHatton was born at Marion, Indiana, May 27, i860, and 
came to Crawford county when he was one year old. He remained on the 
farm until he was nineteen, during which time he received a common-school 
education. He taught school until 1892, when he was admitted to the bar, and 
in 1893 he formed the partnership of Bradbury & MacHatton. He is energetic 
in business, eloquent in argument and a good trial lawyer. He is a Republican 
in politics and an earnest advocate of the principles and policies of the party. 
He was married in 1884. 

Thomas J. Newlin was born in Crawford county, Illinois, April 2, 1863, 
studied law with his brother. Judge E. E. Newlin, and was admitted to the bar 
August 28, 1891. On August 28, 1892, he was married to Miss Sarah E. Kirtz. 
Mr. Newlin was elected circuit clerk of Crawford county on the 4th day of 
November, 1892, and after serving four years with entire satisfaction he refused 
to become a candidate for re-election and opened an office for the practice of 
law. After a short but very successful practice by himself he became a member 
of the law firm of Jones, Eagleton & Newlin, composed of Judge W. C. Jones, 
J. C. Eagleton and Thomas J. Newlin, succeeding Judge E. E. Newlin, as a 
member of said firm. 

In September, 1897, Mr. Newlin was appointed master in chancery for 
Crawford county, by the presiding circuit judge, which office he still holds. Mr. 
Newlin is a Knight of Pythias, a Mason and a Modern Woodman. He is a fluent 
speaker, a careful law-yer and, politically, a stanch Democrat. 

Politically, socially and as a business man, he is upright, honest and care 
ful, and with the success that has attended him has a splendid career before him. 



THE BENCH AND BAR OF ILLINOIS. 139 



REMINISCENCES. 

The following paragraphs are from an article contributed to the local press 
by Judge William C. Jones, and are most apropos in this connection : 

Speaking of old-time lawyers, few people remember the fact that the late 
Judge Scholheld was once prosecuting attorney on this circuit. After his grad- 
uation from the Louisville Law School he became state's attorney, in 1856, and 
traveled with Judge Harlan and Judge Alfred Kitchell. He was an ambitious 
man and it almost killed him to lose a case. 

At one time he was prosecuting a case in Crawford county and had made 
a very forcible argument. He was deliberate and calm, and yet had put all his 
energy and soul into the case. Every one complimented him on his effort, for 
he was from the first a favorite. The jury was against him and the verdict 
was for the defendant. He immediately left the court house and began tearing 
his hair and using expletives. Old Uncle Newman Parker was near by, and, 
hearing him, stepped up and remarked, **John, what's the matter? You made 
the best speech I ever heard. You'll be all right, young man. I think the peo- 
ple were all with you." *'Yes," remarked the young prosecutor, *'bui the d — d 
jury were not!" \ 

There were none his superior in addressing the court. He would sit up all 
night running down a question cf law. He was logical and concise in his 
arguments and always fortified with authorities. He was not so eloquent 
as he was forceful. The energy of the whole man was bent on his effort to 
succeed. He was tireless in his efforts and convincing in his logic. 

He had no patience with a judge who was not a lawyer. At one time he 
was trying a case in the county court before a judge of the early days, who was 
not a lawyer by profession, but who assumed a great knowledge of the law. 
Judge S. and Judge Wilkin were defending. A motion had been made before 
his honor to dismiss the case, but his honor was prejudiced and learnedly deliv- 
ered an opinion about which he knew nothing, overruHng it. .When he had 
concluded Judge S. remarked: **Call a jury, Jake; let us take the case from one 
d — d fool to twelve!" 

Judge Scholfield was one of the kindest men I ever knew in private or public 
life. He would always stop and write a letter of recommendation for a young 
man and say all the good things possible. He was always for his old friends 
and whenever and wherever he cduld he would inquire after the old lawyers with 
whom he used to be associated. Governor Robinson was a favorite with him. 
Ficklin was a man he alwavs wanted to know about. 

One time at the Clark circuit court an important case was being tried and 
Robinson, Ficklin, Scholfield and Wilkin were all defending. Silas Whitehead, 
with able assistants, was prosecuting. Judge Decius was never averse to taking 
a small drink, and the attorneys sometimes would come to his room for an 
appetizer. On this occasion each had taken a small drink, when Judge Fickhn 
took the jug and filled a large glass. Drinking it down he remarked: "That's 
fine, Hiram, where did you get it? I'll just take another." Judge S. stood 
by watching when he remarked, "We will just take the jug in to dinner for 
brother Ficklin to drink instead of water." "It would just suit me, John. It 
reaches further than water," replied Ficklin. 

Senator Thomas Brewer was a great favorite of Scholfield. He was a 
brilliant talker, with a voice as mellifluous as a flute. Although an uneducated 
man few men were his equal as a talker. I have heard Judge Scholfield remark he 
would rather hear Tom Brewer talk than any man he ever heard except Gov- 
ernor Robinson. He always inquired after Senator Brewer and Judge Decius so 



I40 THE BENCH AND BAR OF ILLINOIS. 

long as they lived. He often remarked he had seen more happy hours at Cum- 
berland than anv court in the circuit. After the death of Decius and Brewer he 
never inquired more. They had gone, a<id with them his old-time memories. 

Along in the latter part of the *5os, Newton. Jasper county, was quite a 
place to congregate for the attorneys of the old fourth judicial circuit. Judge 
Scholfield was then prosecuting attorney, (leorge W. Peck, afterwards colonel 
of the Twenty-first Illinois, a friend and favorite of Judge Scholfield, together 
with Judge Franklin Robb and Judge James C. Allen, of Crawford county, and 
many others from adjoining counties, would meet together at the old Litzleman 
hotel at Xewton, and Mother Litzleman told the wTiter many good stories con- 
cerning them. All of them, save Judge Robb, were full of fun, and he never 
would tell anything, and they caused Mother Litzleman no little annoyance. On 
one occasion they procured a considerable quantity of drinkables, and then made 
a night raid on her pantry, capturing all the old lady's pies, cakes, pickles and 
considerable of her canned fruit. She describes them as having a glorious time 
in a large room jointly occupied by Robb, Peck, Scholfield and others, for rooms 
were scarce in those days. Along about morning a man by the name of Mc- 
Ginley became sick from the effect of his gormandizing. The party resolved to 
walk him. They took him out to an old sawmill near town, and there, placing 
him face downward on the smooth surface of a sycamore log. Peck holding 
liim by one leg and Scholfield by the other leg, proceeded to chum him over 
its smooth surface, telling him to "Heave it up. brother McGinley, heave it up! 
If vou'Il do so vou*lI not die this time." McGinlev recovered, but was not in 
court next day. Mother Litzleman demanded of them who had taken her pies 
and cakes. All claimed it was the Robb-man from Craw-ford. She told them 
that she found a lot of their empty bottles. They denied knowing anything 
about them, and told her they did not belong to them and if she found anything 
of that kind in their room she was perfectly welcome to them. Mother L. said 
Scholfield and Peck were the most thorough gentlemen who ever stopped with 
her. Very polite, very affable, and to see them neatly attired going to court 
one would never have thought they were guilty of jostling McGinley across a 
sycamore log. 

Judge Scholfield w^as a very plain and practical man. At one time he was 
asked if he intended to make professional men of all his boys. He replied, "All 
men cannot be lawyers and doctors. If my boys make an honest and respectable 
living I shall be satisfied.'* He alwavs had a kind word and genial smile. Before 
his death he loved to talk about his friends on the old circuit that he left. He 
was a devoted man to his tow-n, county and state. Few^ men could resist the 
temptation of being judge of the supreme court of the LTnited States as he did. 
President Cleveland tendered him the place, but he declined it. Speaking of it 
one day he said: *T like the quiet of my home best. I think I am acquainted 
reasonably w-ell with the statutes of Illinois and the decisions. I would be com- 
pelled to study anew the statutes and decisions of the United States. I couldn't 
afford to do so at my time of life. Aside from this Washington is not a g^^od 
place to raise mv boys." At the bar he w^as the leading lawyer of eastern Illinois. 
On the bench he had no superior in the state. 



CHAPTER IX. 



THE COURTS AND THE LAW PRACTICE IN CHICAGO: A SKETCH. 

BY THOMAS DENT. 

THE county of Cook was created by an act of the general assembly ap- 
proved January 15, 183 1. Its boundaries embraced a considerable part 
of the present county of Will and all the territory since organized into 
the counties of Du Page and Lake. Its considerable territory was but sparsely 
settled, and only at a few points. As the country became more fully settled the 
others of said counties embracing a part of what was originally Cook county 
were organized. The organization of Will county occurred in 1836; that of Mc- 
Henry county, the eastern part of which afterward became Lake county, also 
occurred in 1836; that of Du Page county occurred in 1839. 

The same act which declared the boundaries of Cook county made provision 
for the organization of two other counties, to-wit: La Salle county, the northeast 
corner of which was to be the southwest corner of Cook county, and Putnam 
county, still farther southwest, and cornering upon La Salle county. The three 
counties had large proportions, but did not have extensive or large settlements ; 
but the region was attractive in its woods, waters and fertile soil. La Salle is 
still a large county, the next to the largest in the state, but by the organization 
of intervening counties it has become more segregated from its former neighbor, 
Cook county. 

The prospect of a canal to connect the waters of Lake Michigan with those 
of the Illinois river, a project which was delayed many years, though kept in 
mind, is reflected in the act organizing these counties, especially in the location 
of the county seats of Cook and La Salle counties at Chicago and Ottawa, at 
sites laid out by the canal commissioners. 

Notwithstanding the same act declared that the western boundary of the 
county of Cook should extend from the southwest corner of township 34 north, 
range 9 east, due north to the northern boundary line of the state, a distance 
of not less than seventy-eight miles, and that the boundaries of the county were 
so designated as to embrace all the northeastern part of the state eastward of the 
line drawn for the western boundary, and northward of the present counties of 
Cook and Du Page, yet a clause in the last section of the act provided that **A11 
country north of Cook county and parallel with the lines of the same as far 
northward as Rock River is hereby attached to Cook county.'' There seems to 
have been some territory that might be called terra incognita ; but doubtless the 
legislators anticipated the organization of other counties in a part of the 
territory more or less permanently assigned to constitute a part of Cook county. 

or fio attached thereto. 

141 



142 THE BENCH AND BAR OF ILLINOIS. 

In the year 1831, also, a redistricting^ of the state for judicial purposes was 
made by the legislature. In doing this, the legislative act of February 16, 1831, 
required that the chief justice of the supreme court and the associate judges 
thereof, and the circuit judge of the fifth judicial circuit, the latter being the Hon. 
Richard M. Young, should hold the circuit court at times therein designated. 
The act provided that the counties of Cook, La Salle, Putnam, Peoria, Fulton, 
Schuyler, Adams, Hancock, McDonough, Knox, Warren, Ju Daviess, Mercer, 
Rock Island, and Henry (fifteen counties then, but more than twice that num- 
ber now), a principality in dimensions, should constitute the fifth judicial circuit. 

Judge Young had presided in the third judicial circuit from Januar\' 19, 
1825, until the circuit judges were legislated out of office in 1827, when he was 
succeeded by Judge Thomas C. Browne, one of the judges of the supreme court. 
Judge Young had, however, when Cook county was organized, again been 
selected to preside in the fifth judicial circuit, and was therefore designated as 
above to hold the courts in that circuit. Two terms in each year were provided 
for as to the county of Cook ; one to be held on the fourth Monday in April, and 
the other to be held on the second Monday in September. As the court in 
La Salle county, to be held at Ottawa, was to begin on Friday after each of the 
Mondays so designated, only about two days at each regular term were actually 
allowed for the holding of the court in Cook county; for the judge, being required 
to go from Chicago to Ottawa, must necessarily have taken about two days' time 
for the journey. 

The time thus allotted would seem to have been sufficient for at least the first 
year or two after the organization of the county of Cook, as to which time there 
is meagre information as to the business in the court, the records having been 
destroyed in the great fire of October 8 and 9, 1871. A newspaper was published 
in Galena as early as 1829, but none made its advent in Chicago until November, 
1833. Undoubtedly Judge Young, who was an able and experienced official, a 
fine-looking man, and having a good horse to carry him from county to county, 
discharged his duty by attending to open the court as required by law. There 
is information, more or less distinct, of the holding of the court in Fort Dear- 
born in 1831. It is said to have been held in the house of James Kinzie in 1832. 
Judge Young's diligence in holding his court in other counties, as their records 
show, indicates that he attended regularly in Cook county, and we may suppose 
that where the gospel was preached the law was not voiceless. 

As illustrating the need of a horse to carry the judge from court to court, 
reference may be made to a passage in Rallance's History of Peoria, showing 
that the author, a highly worthy citizen and lawyer of Peoria, met Judge Young 
in that city in the spring of 1833 and arranged to accompany him in a journey 
by horseback to Chicago, where the judge was to hold court, he having already 
journeyed in that way from Quincy. The distance to be traveled in such a trip 
from Quincy to Chicago would be about three hundred miles. 

In the order of time as to the coming of lawyers, Russell E. Heacock pre- 
ceded both Giles Spring and John Dean Caton in settling in Chicago, but tliev 
became much more especially prominent in the profession. 



THE BENCH AND BAR OF ILLINOIS, 143 

Judge Caton, in his Reminiscences, speaks of a jury case in a civil action in 
which he participated at a term of the circuit court in the spring of 1834 as being 
the first jury case, meaning, perhaps, that such cases, on the civil side of the 
court, had up to that time been infrequent, if, indeed, any had actually come to 
so full a trial. The statement almost necessarily implies that the character of 
the inhabitants, and the nature of the business transactions carried on in Cook 
county up to that time, had not required much attention from the courts of rec- 
ord, whatever may have been done in the justices' and probate courts. 

By act of January 17, 1835, the sixth judicial circuit was created. It em- 
braced the counties of Jo Daviess, Rock Island, Mercer, Henry, Peoria, Putnam, 
La Salle, Cook, and Iroquois, then something like one-third of the state. The 
salary of a circuit judge at that time was seven hundred and fifty dollars per 
annum. The times of holding the circuit court in Cook county were by that act 
fixed for the fourth Mondays in May and first Mondays in October. The terms 
in the other counties of the circuit were earlier in the year, and it w^as not, there- 
fore, incumbent on the judge to hurry from the court in Chicago to open court in 
the other counties of his circuit, but provision was made for holding special terms 
for the hearing and deciding of chancery causes, and also special terms for the 
trial of civil and criminal causes. 

At that session of the legislature there was passed an act to change the 
corporate powers of the town of Chicago, and sections 9 and 16 and north and 
south fractional sections 10 and fractional section 15 in township 39 north, range 
14 east, were declared to be within the boundaries of the town. 

The term of the circuit court in 1835 seems to have been held May 25, 1835, 
to June 9, 1835, by the Hon. Sidney Breese, of Carlyle, Illinois. The next term 
appears to have been held by the Hon. Stephen T. Logan, of Springfield, by in- 
terchange with the Hon. Thomas Ford, and seems to have begun the first Mon- 
day of October, and to have closed for the term October nth. These terms are 
said to have been held in the First Presbyterian church. At the next term the 
second murder trial held in the county seems to have occurred. Judge Ford 
presided at the spring term, 1836, and again at the fall term, 1836, at which latter 
term the Beaubien land case, involving a claim to the government reservation at 
Fort Dearborn, was tried. 

By act of March 4, 1837, there was appropriated two hundred and fifty 
dollars per year to be paid to the judges of the circuit courts in addition to their 
salary at the time, except as to the judge in the sixth circuit, his salary not being 
increased apparently. At that session of the legislature, also, the city of Chicago 
was incorporated. Its bounds were extended somewhat beyond those of the prior 
town of Chicago, and a municipal court to be held therein was established, such 
court to have concurrent jurisdiction with the circuit court in all matters arising 
in Cook county. The judge of the court was to be elected by the general assembly 
on joint ballot, and seven terms per year of the court were provided for, with 
power in the common council to increase the number of terms. By act of July 
21, 1837, a judge of the municipal court was empowered to perform all the 
judicial duties appertaining to the office of a judge of the circuit court. 



T44 THE BENCH AND BAR OF ILLINOIS. 

The May term, 1836, of the circuit court and the October term in that year 
were presided over by the Hon. Thomas Iu)rd. Judge Ford had in earlier times 
been elected by the general assembly twice to hold the office of state's attorney. 
He was on four different occasions elected by the general assembly to the office 
of judge, and on one of these occasions became judge of said municipal court. 
He afterward, as is well known, served one term as governor of the state, and 
subsequently pursued the practice of his profession in the city of Peoria until his 
final illness and death. He was in all positions an excellent officer, and was 
admirably well qualified to sit as judge. A writer has spoken of him as having 
been a pupil of Daniel P. Cook. Our county was named in honor of Mr. Cook, 
a representative in conirress of this part of Illinois, and the county of Ford was 
named in honor of Thomas Ford. Judge Ford resigned his position as judge 
of the supreme court of the state in August, 1842, upon consenting to become a 
candidate for governor. 

'By act of February 4, 1837, the counties of Cook, Will, McHenry, Kane, 
La Salle and Iroquois were formed into an additional circuit to be called the 
seventh judicial circuit. l»y act of March 4, 1837, the times of holding courts m 
said circuit were fixed, and three terms per year were provided for as to Cook 
county. 

It is very evident that at that time a considerable increase in the business of 
the courts in Chicago had occurred. The Black Hawk war of 1832, the Indian 
treaties, freeing a large body of lands for settlement by immigrants, the opening 
of the United States land offices in Chicago, and great activity in business* affairs 
and in speculation, had helped to increase the importance of the young city; and 
we may feci sure the work for lawyers and judicial functionaries kept pace with 
the times. 

Upon creating this seventh circuit, which was to date from the 1st of June, 
1837, John Pearson of Iro(juois county was elected by the general assembly to 
preside therein. 

The aforesaid act of T'ebruary 4, 1837, seems to have been construed as re- 
lieving Judge Ford from the position of circuit judge, so far as concerned the 
seventh circuit, and Judge Pearson appears to have presided in Chicago a part 
of the time in that year and at the March term, 1838, though the Hon. Jesse B. 
Thomas seems to have presided in the court at the August term, 1837. 

Unpleasant relations between the bar of Chicago and Judge Pearson were 
brought to tlie attention of the supreme court of the state in different instances. 
Scenes which were almost dramatic are re])resented, for example, in The People, 
etc., ex rel. Teale vs. John Pearson, i Scam., 458, and The People, etc., ex rel. 
Bristol vs. John Pearson. 2 Scam., 189. In looking into the report of those 
cases we find Messrs. Justin Butterfield and James H. Collins, eminent in their 
time, acting for the relator in the earlier of the cases which came up for hearing 
in the circuit court before Judge Pearson at the March term thereof, 1837, and 
the hearing of which was renewed before the same judge at the May term of the 
court, 1838. We also find James (irant and Francis Peyton opposing in the 
supreme court a motion for a mandamus against the judge. In the latter of said 



THE BENCH AND BAR OF ILLINOIS. 145 

cases we find Messrs. J. Young Scammon and Isaac N. Arnold to have been the 
opposing counsel in the case before Judge Pearson at the May special term of 
the circuit court in 1839. In this case, also, the late Thomas Hoyne, who had 
just prominence as a citizen and lawyer for many years before his death, made 
an affidavit showing the proceedings in the court when Mr. Butterfield asked to 
Iktvc a bill of exceptions signed by Judge Pearson, the result of which application 
seems to have been that the court assessed a fine against Mr. Butterfield for what 
the court deemed an interruption of the proceedings of the court. On this oc- 
casion Mr. Hoyne seems to have been taking care of the minutes of the court 
for the clerk of the court. 

It may be said of the lawyers in practice in Chicago at that time that they 
had come mainly from Nqw York, Kentucky, Virginia and North Carolina, and 
were of an order of men whose relations toward the judge presiding would be of 
great consequence to that official in respect to the harmonious working of the 
court. The one of them of most advanced age was Justin Butterfield, who had 
been in practice in the state of New York for some time before coming to 
Chicago, and whose eminence as a lawyer was w^ell recognized. Mr. Butterfield 
was for a time United States attorney, and during the administration of President 
Zachary Taylor was appointed commissioner of the general land office at Wash- 
ington, a position for which Abraham Lincoln was a candidate at the time, one, 
too, which seems to have been recognized as a political plum in some sense be- 
longing to Illinois. Mr. Butterfield w^as leading counsel in a variety of important 
cases, such as Field vs. The People, 2 Scam., 79, involving a contest between 
A. P. Field and John A. McClernand in respect to the office of secretary of 
state, and Spragin vs. Houghton, 2 Scam., 377, involving a question as to the 
right of suffrage under the constitution of 1818. It has been said of Mr. But- 
terfield that in personal appearance he resembled Daniel Webster, of whom he 
was an admirer. 

Without entering into long episodes, it will not be practicable to speak at any 
considerable length of individual members of the Chicago bar, either of the time 
already touched upon or in later times. It may, however, be said generally that 
it should be reckoned fortunate in the matter of jurisprudence and in the history 
of Chicago, that so worthy and able a body of lawyers entered into practice here 
in the early times of which we have been speaking. Foundations in character and 
attainments were well laid. 

The term of office of Judge Pearson, as presiding judge in the seventh cir- 
cuit, continued from February 4, 1837, to November 20, 1840. It is in a measure 
to be conjectured that in having the municipal court, above mentioned, wath 
Judge Ford to preside therein, the bar of Chicago managed to get along pretty 
well during the incumbency in office of Judge Pearson. Personal relations do 
not seem to have been so strained that Mr. Scammon, Mr. Spring, afterward 
Judge Spring, and Mr. Butterfield, would refrain from practicing in Judge Pear- 
son's court. They, for example, may be supposed to have appeared before him 
at the March term, 1839, of the court. That, however, was held by the supreme 

court to have been an irregular term, as having been held under a misinterpreta- 
10 



146 THE BENCH AND BAR OF ILLINOIS. 

tion of the statute, or from not observing the repeal of the statute which had 
formerly fixed a term for that time. This appears from Goodsel vs. Boynton, i 
Scam,, 555. 

Prior to 1841 the lawyers who appeared in the supreme court in cases 
taken from Cook county were Thomas Ford, John Dean Caton, Buckner S. 
Morris, James (irant, Giles Spring, Justin Butterfield, Ebenezer Peck, William 
H. Brown, Norman B. Judd, James H. Collins, Francis Peyton, Isaac N. Arnold, 
J. Young Scammon, Mahlon D. Ogden, Mark Skinner, George A. O. Beau- 
mont, Jesse B. Thomas, Grant Goodrich, Alonzo Huntington, S. Lisle Smith, 
Jesse B. Thomas, A. G. Leary, E. G. Ryan. These are worthy and prominent 
names. The gentleman last named removed to Milwaukee and was there eminent 
as a lawyer and chief justice of Wisconsin. The list would be considerably ex- 
tended if made to embrace the names of gentlemen who have at some time 
since become residents of Chicago, in which category would be placed the names 
of Hon. Lyman Trumbull and other lawyers of deservedly high distinction. 
Judge Ford is named along with lawyers residing in Chicago because of his hold- 
ing the offices of state's attorney and judge respectively. 

Some of the gentlemen above named argued many cases in the supreme 
court in the terms thereof held at \'andalia, and after June, 1839, at Springfield. 
These may be taken as representatives, worthy representatives, of the bar of Chi- 
cago during the period of ten to fifteen years from the organization of Cook 
county; or perhaps for a period somewhat more prolonged. Besides various 
minor positions, the gentlemen named held prominent public office. A few words 
the better to illustrate this fact, are added as to some of these pioneer lawyers. 

John Dean Caton served with great honor and distinction as circuit judge 
and as a judge of the supreme court of the state, once by the appointment of 
Governor Ford, again upon election upon joint ballot of the general assembly, 
and upon election by the people again and again after the adoption of the con- 
stitution of 1848, until he resigned in 1863, to be succeeded in the office of judge 
of the supreme court by the Hon. Corydon Beckwith, since deceased. 

Buckner S. Morris was a circuit judge. He was the second mayor of Chi- 
cago. James Grant was state's attorney for a time while residing in Chicago, and 
after his removal to Iowa became a judge of the supreme court of that state. Giles 
Spring was judge of the Cook county court at ihe time of his death. Ebenezer 
Peck was for a long time reporter of the supreme court of the state, and became 
judge of the court of claims at Washington. Norman B. Judd was for a long 
time in the state senate of Illinois, was a member of congress from the Chicago 
district, and rejMcsented our government in one of the chief European capitals 
during the administration of President Lincoln. J. Young Scammon was a 
member of the state legislature. He is to be mentioned below as reporter of the 
supreme court. James H. Collins, William H. Brown, and George A. O. Beau- 
mont were also prominent as to official positions incidental to legal attainments, 
and were in every way worthy of special mention if space permitted. Mr. Scammon 
was reporter of the decisions of the supreme court of the state, accepting that 
office in July, 1839. The Hon. Sidney Brecse had previously edited the volume 



THE BENCH AND BAR OF ILLINOIS, 147 

known as Breese's Reports. Mr. Scammon published four volumes of the re- 
ports, including the decisions rendered at the December term, 1843, of the su- 
preme court. The preface to his first volume shows that it was difficult to make 
up the reports on account of lack of a library, and that for various other reasons 
book-making in Illinois was attended with not a little trouble. Isaac N. Arnold 
filled with high distinction such offices as member of the state legislature and 
member of congress. Mahlon D. Ogden w^as probate justice of the peace. Mark 
Skinner, whose residence in Chicago began in July, 1836, was at one time United 
States district attorney, succeeding Justin Butterfield on Mr. Butterfield's resig- 
nation of that office. He also succeeded Judge Spring as judge of the Cook 
county court, and declined re-election when his term expired in 1853. Jesse B. 
Thomas was for a time a judge of the supreme court. Alonzo Huntington filled 
the office of staters attorney for four years, — 1837-41. Grant Goodrich was a 
judge of the superior court of Chicago, now the superior court of Cook county. 

In running through the reports for a long period, the names of lawyers 
already mentioned as having appeared in cases in the supreme court would still 
remain prominent, either as practitioners at the bar "or as presiding in the courts. 
Some additional names, w^ell worthy of more especial notice, not including the 
names of gentlemen who afterwards came to Chicago, would appear; among 
which names occurring soon are those, for example, of Henry Brown, author 
of a histor\' of Illinois: S. Lisle Smith, formerly of Philadelphia, and distinguished 
for eloquence; John J. Brown, of distinction as an advocate and a leader in es- 
tablishing the earliest law sdiool in Chicago; James A. McDougall, subsequently 
United States senator from California; Patrick Ballingall, a member of the con- 
stitutional convention of 1847, ^"^ state's attorney, and prominent and distin- 
guished in practice in criminal cases. The reports also show that the Chicago 
law^yers of the period of which we have treated participated largely in the re- 
ported cases tried elsewhere than in Chicago, including the circuit court of 
the United States, which was held at Springfield until the northern district of 
Illinois was established by act of congress, after which Judge Thomas Drum- 
mond held the United States circuit and district courts until he became United 
States circuit judge, in 1869, after which time he and the Hon. Henry W." Blod- 
gett held those courts, with occasional assistance from other judges. 

The municipal court of Chicago was abolished by act of February 15, 1839, 
and its records were transferred to the circuit court. By act of February 21, 1845, 
there was organized a court which was called the Cook county court, four terms 
of which were to be held in the city of Chicago in each year. By act of November 
5, 1849, the title of said court was changed so that it was to be thereafter called 
the Cook county court of common pleas. Again, in 1859, it was enacted that 
the court should be called the superior court of Chicago. It is now, under the 
constitution of 1870, called the superior court of Cook county. At the time of 
the change made in 1859 a single judge, who at that time was the Hon. John M. 
Wilson, held the court. There are at the present time (December, 1898) fourteen 
judg^es of the circuit court and tw-elve judges of the superior court. The number 
of masters in chancery has been increased from one in the county in early times 



148 THE BENCH AND BAR OF ILLINOIS. 

to twenty-six acting as masters in chancery of the circuit and superior courts 
respectively. 

For a period of years, beginning with 1853 ^^^ continuing until the adoption 
of the constitution of 1870, the recorder's court of Chicago, a court having 
criminal jurisdiction, was in existence. It was presided over in turn, during 
their respective terms of office, by the Hon. Robert S. Wilson, the Hon. Evert 
Van Buren and the Hon. William K. McAllister. 

At the time of the adoption of the constitution of 1870 the judicial business 
in Chicago was transacted in: 

1. The circuit court, over which one judge presided, that judge at the time 
of such adoption being the Hon. Erastus S. Williams. 

2. The superior court of Chicago, over which three judges presided from 
1859, each of the judges usually holding a branch of the court. 

3. The recorder's court, above mentioned. 

4. The county court of Cook county, which then had probate jurisdiction. 
Judge Drummond was at the time presiding as United States circuit judge, 

and Judge Blodgett was presiding as United States district judge. Or»ce a 
year the Hon. David Davis of the supreme court of the United States, sat here 
a short time. Judge Blodgett, of course, presided in the circuit court at times, 
and generally, as well as in the district court. 

The constitution of 1870 made provision for .adding to the bench of the 
circuit court three judges in addition to the then sitting judge of the circuit 
court and the judge of the recorder's court of Chicago, both of whom were 
continued in office as judges of the circuit court, and the county was not con- 
nected with any other in dividing the state into circuits. Provision was also 
made for adding to the number of judges in the circuit court and the superior 
court of Cook county. The addition which has occurred to the number of judges 
in the two courts just named has been made by virtue of acts of the general 
assembly recognizing the increase of population in Cook county, one judge being 
authorized for everv additional fiftv thousand inhabitants of the countv over and 
above four hundred thousand. Now (December, 1898) there are fourteen judges 
of the circuit court and twelve judges of the superior court of Cook county. By 
the constitution of 1870, also, the recorder's court of the city of Chicago is called 
the criminal court of Cook county. In that court but one judge presided in 1870, 
but the services of from three to five judges holding separate courts have been 
found to be necessarv, on account of the increase of business. 

In 1877 provision was made for an appellate court, in which three judges 
were to preside, and the county of Cook was made the first district, there being 
three other districts in the state. The dockets in the appellate court of the first 
district are so large that a branch of that court has been organized. The three 
judges of that court and the three judges of such branch are selected from the 
circuit court and superior court judges. The number of cases going to the 
supreme court of the state from Cook county is also very considerable as com- 
pared with the number going from any of the other counties of the state. 

The supreme court has, under the constitution of 1870, been held by seven 



THE BENCH AND BAR OF ILLINOIS. 149 

judges, one of whom is elected from the seventh district, comprising the coun- 
ties of Lake, Cook, Will, Kankakee and Du Page. 

The business to be transacted in the county court reached such volume 
that in 1877 ^ probate court was provided for, having in some respects the 
former jurisdiction of the county court. This probate court was intended to be 
presided over by a single judge. The business in the county court has, notwith- 
standing such division of it, since increased to such an extent that it is neces- 
sary to have the services in the holding of that court of one or more additional 
judges called from other counties in the state. 

The common-law system prevails in the main, though somewhat modified 
by statute, the changes provided for giving more flexibility or choice as to forms 
of action and facilitating amendm.ent. Since 1827 the law of the state has limited 
the right of the judges to instruct juries, except as to the law, and since 1845 
it has been requisite to give the instructions in writing. 

In primitive times the lawyers were men of all work, usually knowing how- 
to prepare their pleadings and try cases upon short notice, and having but limited 
libraries. The private libraries began to grow very much in the decade following 
1850. In a few years some of them became considerable. The library of the 
Chicago Law Institute was collected after 1859, and has been renewed and 
greatly enlarged since the great fire, and other of the law libraries in Chicago, 
including a considerable library collected by the Chicago Bar Association, are 
worthv of note. 

Especially after the year 1850 a great influx of lawyers into Chicago began 
to occur. Prominent lawyers who had made their mark in other parts of the 
state, or in other states, east, south, west, and north, began to come, and large 
numbers have continually come to Chicago, as to a great center presenting flat- 
tering, if not boundless, opportunities. Among these have been many persons 
of great professional eminence and ability. Younger men, also, including some 
trained abroad or in the British dominions, have come to try their fortune with 
those to the manor born. An excellent law school was established in 1859. 
Now there are four or five law schools in Chicago. The law school connected 
with the University of Michigan, and the law school of the University of Wiscon- 
sin, and various other law schools, east, south and west, have contributed to the 
education of the lawyers at the bar in Chicago, and have hundreds of repre- 
sentatives here. The old-fashioned methods of studying with the older lawyers, 
ivhile assisting in the work of the law offices, have given place in g^eat measure to 
attendance in law schools. 

By act of February 12, 1853, "To regulate the practice in the circuit court 
of Cook coimty and the Cook county court of common pleas,'' five terms of 
the former court in each year and eight terms of the latter court in each year were 
provided for, some of them, however, being called vacation terms, and sundry 
points of practice not previously called for by the statutes were established, these 
including the requirement of an affidavit of merits to be filed with the plea in 
certain cases, and the giving of authority to the court to assess damages without 
the intervention of a jury in cases of default. There were other provisions, also, 



I50 THE BENCH AND BAR OF ILLINOIS. 

having reference to the dispatch and systematic conduct of the business of the 
courts. More recently an affidavit showing the plaintiff's claim, and upon which 
an assessment of damages may sometimes be had, has been provided for. 
Monthly terms of the various state courts are provided for, and they are open the 
year round, except that for about two months only emergency business is tran- 
sacted, save in the criminal court. 

Provision has been made for the distribution of causes upon separate dock- 
ets, so that there may be and are in the state courts as many tiial dockets or 
calendars as there are judges. In the distribution allowed the causes pending 
upon notes and other instruments in writing for the payment of money only, and 
upon accounts, may be on one docket in each court, and appeals from justices oi 
the peace on another. The power of distribution is, indeed, quite general, leav- 
ing the matter to the discretion of the respective courts. A short cause calendar 
is also provided for to include cases which are expected to occupy not more than 
one hour's time each. One dav in each week mav be devoted to this calendar. 
Provision has also been made for submitting cases orally without formal plead- 
ings, though this method of proceeding has not come into very general use. 
Provision is also made for submitting in WTiting propositions of law w^hen cases 
are tried without the intervention of a jury, and for the entry of judgment by 
confession in vacation. 

Much has been done to regulate the practice and to enable the courts to man- 
age their business. It was not until the year 1858 that stenography began to 
figure in the courts. In that year Robert R. Hitt, since well and favorably known 
to the country at large in the diplomatic service and as member of congress from 
one of the districts of Illinois, occasionally used his skill as a stenographer in 
court reporting. At the present day (December, 1898) the stenographic and type- 
writing work in the law offices and in the courts is a very great factor, giving 
employment to an army of experts in such w'ork, not only in the courts and in 
such offices, but also in offices of the masters in chancery, of whom there are 
twenty-six in state courts. 

An account of the practice of law in Chicago would, of course, embrace at 
least some general mention of the United States circuit and district courts and 
also the United States circuit court of appeals. In the work of those courts 
three circuit judges and the resident district judge, and district judges called in 
from the southern districts of Illinois and other districts of the circuit embracing 
Indiana, Illinois and Wisconsin, participate. A justice of the supreme court of 
the United States also attends at times, sitting in the circuit court or in the cir- 
cuit court of appeals as occasion requires. 

Indication of the fact that the volume of business has increased very j:rreatly 
appears from what has been said as to the increase in the number of judges. 
Take, for example, the year 1855, and it is easy to enumerate the judges then 
presiding in Chicago. In the United States courts there would be expected to 
sit Mr. Justice McLean, of the supreme court of Illinois, when on circuit visiting 
Illinois for a short time in each year, but more constantly, Hon. Thomas Dnim- 
mond, then district judge, residing here. In the circuit court of Cook county 



THE BENCH AND BAR OF ILLINOIS. 151 

presided the Hon. George Manierre, who became circuit judge in June, 1855, 
and did circuit duty in holding the court in Lake county, as well as in Cook 
county. The Hon. John M. Wilson then presided in the Cook county court of 
common pleas, the Hon. Robert S. Wilson presided in the recorder's court of 
Chicago, and the Hon. Henry L. Rucker presided in the county court. 

Ten years later, namely, in 1865, the Hon. David Davis had succeeded 
Judge McLean; the Hon. Erastus S. Williams was presiding in the circuit court 
of Cook county and also in Lake county, as successor of Judge Manierre, and 
the superior court of Chicago had been reinforced by the addition of two judges, 
as above stated. 

Also, as indicating the increase in the volume of business, it may be added 
that since the great fire of October 8 and 9, 1871, and prior to September 20, 
1898, there were docketed in the circuit court of Cook county one hundred and 
ninety-three thousand, three hundred and eighty-six cases and in the superior 
court of Cook county one hundred and eighty-eight thousand three hundred 
and twelve cases. This does not include any enumeration of the cases in the 
criminal court of Cook county, nor any mention of those in the present county 
court, nor of probate matters in the probate court. 

Specialties have, of course, become necessities in the conduct of the work of 
the bar in the vast range of cases. Accordingly, out of more than forty-two hun- 
dred lawyers catalogued in a legal directory in the spring of 1898, upwards of 
seventy-five are supposed to be exclusively engaged in patent-law business. A 
number have made a specialty of admiralty matters, a large number pay chief, 
if not sole, attention to practice in criminal cases. Others are engaged more or 
less exclusively in railroad cases, others in insurance cases, and others in copy- 
right matters and cases, or in representing private corporations or mercantile 
establishments. 

The conduct of the business of large railroad and other corporations has 
required the employment of general counsel, general solicitors and attorneys to 
a large number, some of these having supervision over the cases concerning their 
respective corporations in widely extended areas of our country, and in many 
jurisdictions. 



CHAPTER X. 

THE BENCH AND BAR OF SANGAMON COUNTY. 

THE first constitution of the state declared that the judicial powers of the 
state should be vested in one supreme court, and such inferior courts as 
the general assembly should from time to time ordain and establish. This 
supreme court consisted of a chief justice and three associates. They were ap- 
pointed by joint ballot in both branches of the general assembly, and commis- 
sioned by the governor, and held their offices during good behavior, until the 
first session of the legislature in 1824. They were required to hold the circuit 
courts in the several counties in each month, and at such times as the general 
assembly should by law prescribe. The state was accordingly divided into four 
districts, and by an act approved February 11, 1821, Sangamon county, together 
with St. Clair, Madison, Greene, Pike and Montgomery were constituted the first 
judicial circuit, and John Reynolds, associate justice, assigned to it. 

The first term of the Sangamon county circuit court was held at the house 
of John Kelly, on Monday, May 7, 182 1. There were present John Reynolds, 
judge; Charles R. Matheny, clerk; John Taylor, sheriff; Henry Starr, prosecut- 
in2^ attorney, pro tem. 

Suit was commenced by Samuel L. Irwin against Roland Shepherd, for tres- 
pass, and dismissed at plaintiff's cost. Three indictments were found by the 
grand jury, two for assault and battery and one for riot, trials of which were de- 
ferred until' the next term of court. This completed the business of this term 
of court, and judge, lawyers and spectators all adjourned. 

An act of the legislature was passed and approved by the governor February 
17, 1823, by which Montgomery was detached from, and Morgan and Fulton 
added to, the first judicial circuit, and this was further changed December 29, 
1824, by which the district was formed of Sangamon, Pike, Fulton, Morgan, 
Greene and Montgomery counties. At this time the state was divided into 
five circuits. John York Sawyer was appointed to the first circuit composed of 
the counties named. John York Sawyer was a remarkable man, remarkable at 
least for weight, David Davis being a common-sized man by his side. He v/as 
an ill-tempered man, too, notwithstanding his size. While he was on the circuit 
the law provided for whipping men for petit larceny. Sawyer, says Linder, was a 
terror to all such offenders, and was fond of snapping up the lawyers who de- 
fended them. A fellow was once tried before him for petit larceny and convicted. 
He was defended by Alfred W. Cavarly, who moved an arrest of judgment and 
a new trial, and begged his honor to allow him to go over to his office and get 
some authorities which he wished to read in support of his motion. 

"Oh, certainly, certainly," said Sawyer to him, assuming one of the blandest 

152 



THE BENCH AND BAR OF ILLINOIS. ' 153 

looks possible, **the court will wait with the greatest pleasure on you, Z\lr. 
Cavarly." Cavarly made one of his profoundest bows and retired. Scarcely had 
he left the court house when Sawyer said to the sheriflF: '*Mr. Sheriff, take the 
prisoner out to yonder white oak tree (pointing to one through a window which 
was back of him, and about fifty yards off), strip him to the skin, and give him 
thirty-nine lashes on his back, well laid on." 

The sheriff executed the sentence of the court with great speed. Sawyer 
turned around and looked out of the window while it was being executed, and in 
a loud voice, while the blood was streaming down the culprit's back, counted the 
number of strokes on his fingers — one, two, three, and so on up to thirty-nine. 
The sheriff washed the back of the prisoner, reclothed him, and broug'ht him into 
court. He was scarcely seated when Cavarly made his appearance with his 
arm full of law books, and with great confidence said to the court: "May it 
plj?ase your Honor, I am now prepared to show beyond a doubt that my client 
has been wrongfully convicted, and is entitled to a new trial." *'Very well, Mr. 
Cavarly, go on; the court will hear you with great pleasure." Sawyer had the 
malice to let Cavarly proceed and read authorities for some time, but at last in- 
terposed and said: *'Mr. Cavarly, you have satisfied the court, and if you desire 
it I shall grant you a new trial." But at this point his client whispered in his 
ear: "Don't take it, Mr. Cavarly, or they will whip me again." The court went 
on to finish his remarks: "But I will inform you that your client has been 
whipped, and received thirty-nine lashes on his bare back, well laid on, for I saw 
and counted them." Cavarly exclaimed with great indignation: 

*'This is an outrage, and I protest against such conduct on the part of a 
court." "Oh, Mr. Cavarly, you have a right to protest. Clerk, enter Mr. Cav- 
arly's protest on the record;" and turning to Mr. Cavarly, said: "Now% Mr. 
Cavarly, bring on your corn merchant (meaning a client of Cavarly 's, who was 
charged with stealing corn), and we will dispose of him as we have with your hog 
merchant" — ^the man w'ho had been whipped. Judge Sawyer has long since been 
dead. 

A change was again made in the circuit by an act approved January 12, 1827, 
it now embracing Peoria, Fulton, Schuyler, Adams, Pike, Calhoun, Greene, 
Morgan and Sangamon; Samuel D. Lockwood being judge of the circuit. 

In January, 1829, Sangamon county still formed part of the first circuit, to- 
gether with the counties of Pike, Calhoun, Greene, Macoupin, Morgan, Macon 
and Tazewell. Two years later McLean was added to the circuit. No further 
chang-e was then made until 1835, when there was a general reorganization, this 
district remaining the same, with the exception that Pike county w-as taken 
from it. Stephen T. Logan was elected this year, and served with great credit 
to himself and the district for two years. On the 20th day of March, 1837, Will- 
iam Brown was commissioned, and served four months, when Jesse B. Thomas, 
Jr., was duly commissioned. Judge Thomas, of whom mention is made in the 
histor\' of the supreme court, resigned in 1839. 

In 1839, a new judicial circuit, numbered the eighth, was formed, compris- 
ing the counties of Sangamon, McLean, Macon, Tazewell, Menard, Logan, Dane 



154 * THE BENCH AND BAR OF ILLINOIS. 

(now Christian) and Livingston. This circuit was formed by act of the legislature 
approved February 23, 1839. Stephen T. Logan, a few days subsequently, re- 
ceived a commission as judge of the circuit, but resigned the office in about three 
months, and Samuel H. Treat was commissioned to fill the vacancy. Judge Treat 
was elected and recommissioned January 30, 1840, and held the office up to the 
time of the adoption of the new constitution in 1848. A sketch of Judge Treat 
will be found in connection with the supreme court chapter. 

By the constitution of 1848 the state was divided into nine judicial circuits, 
in each of which a judge was elected September, 1848. The legislature was 
authorized to increase the number of circuits as might be required. No change 
was made in the eighth circuit, of which Sangamon county was a part. David 
Davis was the first judge elected in this circuit under the new constitution, lii 
his Reminiscences of the Bar, General Linder had this to say of Judge Davis: 

**For his promotion to the circuit judgeship, Mr. Davis was largely indebted 
to his old and tried friend, Abraham Lincoln, and to the eternal credit of Judge 
Davis, be it said, he never forgot it. When a member of the convention in 1S60, 
that nominated the Republican candidate for president, Judge Davis had as large, 
if not a larger share in bringing about the nomination of Mr. Lincoln than any 
other member of that convention, and when Mr. Lincoln was elected, Davis was 
invited to accompany him to Washington as one of his suite. Mr. Davis is a 
large man — about six feet high, very corpulent, and weighing some three hun- 
dred and fifty pounds. He accepted Mr. Lincoln's invitation, and being some- 
what conspicuous for his size, and for wearing a white silk hat, the aspirants for 
office perceived by the attentions paid him by Mr. Lincoln that he had no small 
influence with the president-elect, and they paid about as much court to the man 
with the white hat as to Mr. Lincoln himself. 

"But I wish to go back to the time when he was circuit judge of the state of 
Illinois, and Mr. Lincoln and myself both practiced in his circuit — Mr. Lincoln 
in the whole of it, and I in the counties of Vermilion, Edgar and Shelby, and 
occasionally in Champaign. Judge Davis was a very impartial judge, and though 
not intending to show a preference for one of his lawyers over another, such 
was the marked difference he showed to Mr. Lincoln that Lincoln threw the 
rest of us in the shade. But as Mr. Lincoln could not take both sides of a case, 
Anthony Thornton, myself and other prominent lawyers, were employed on the 
opposite side of cases in which Mr. Lincoln was engaged on one side or the 
other. Judge Davis always treated me with great kindness and consideration, 
and I wish to state here, before going further, lest the reader should think that 
my practice was confined to cases in which I was opposed to Mr. Lincoln, that 
in weighty and hotly contested cases we were often associated together, so that 
T cannot say that I was at all damaged by the friendship shown for him by his 
honor. Judge Davis. I think it quite likely that had I been placed in the same 
relation to Mr. Lincoln that Judge Davis was, I should have shown to him the 
same consideration as was shown him by Judge Davis. 

"Lincoln and myself generally put up at the same hotel, and frequently 
slept in the same room, and not unfrequently Lincoln and I occupied the same 
bed. Judge Davis was too large to take either of us for a bed-fellow. Among 
the most pleasant days of my life T recall those when we three traveled together 
from Danville to Paris, and from there to Shelbyville. The courts of those three 
places lasted on an average from two to three weeks each. Ah! what gloriaus 
fun we had sometimes! 



THE BENCH AND BAR OF ILLINOIS. 155 

"I will give a little incident here to show tlie eccentricity of Judge Davis, 
which occurred at the Paris circuit court. Judge Harlan, who was then judge on 
the circuit south of here, came up to Paris on some special business of his, and 
Judge Davis, observing him in the court house, invited him to come up and take 
a seat on the bench beside him, which Judge Harlan did ; and while there a little 
appeal came up, in which there was only about three dollars in controversy, in 
which I was engaged. I read a decision of the supreme court which I thought, 
and which was decisive of the case. Judge Davis turned to Harlan and whispered 
in his ear, as I afterwards learned from Judge Harlan, *Great God!' said he, 'for a 
lawyer of Linder*s age and standing to read a decision of the supreme court in a 
little appeal case where there are only three dollars in dispute!' He nevertheless 
j^ave a decision in favor of my client. 

*'Another little circumstance I will relate, going further to show his eccen- 
tricity and his friendship for me. Some time in the year, I think of 1850, 1 went 
up to Springfield, either on a visit or on some business or other, when Judge 
Davis was holding his court there; and I had landed but about an hour when 
the prosecuting attorney, hearing that I was in town, came and employed me to 
assist him in the prosecution of a woman and her paramour for the murder of 
her husband by the administration of poison. As I entered the court room, Judge 
Davis being on the bench, and perceiving me to enter the room with my pipe in 
my mouth, said in an audible voice: 'Mr. Sheriff, you will permit no one to 
smoke in this room while court is in session except General Linder.' It created 
quite a laugh over the house, and you may rest assured I was not so modest or 
self-denying as to refuse to take advantage of the permission thus given me to 
smoke my pipe during the progress of the trial. 

'*I have already stated that Davis, by invitation of Mr. Lincoln, went with 
him to Washington, and was present at his inauguration, and I was informed 
remained there for some considerable time. And although he held no cabinet 
office under Mr. Lincoln, yet it was pretty well known that Mr. Lincoln had great 
confidence in Judge Davis, and consulted him on public affairs frequently during 
those dark and perilous days just before and after the war commenced. I am 
inclined to think that Mr. Lincoln tendered him a place in his cabinet, but Judge 
Davis waited for a safer and more permanent place. His ambition was to reach 
the supreme bench of the United States, and after a while, a vacancy occurring, 
Judge Davis w^as appointed to fill the place, over the heads of such men as 
Salmon P. Chase and other formidable aspirants. His nomination was confirmed 
by the senate of the United States. He has made a most excellent judge, and 
has delivered some opinions on constitutional questions which have given him 
a national reputation." 

By an act approved February 3, 1853, the eighth circuit was composed of 
the following counties: Sangamon, Logan, McLean, Woodford, Tazewell, De- 
Witt, Champaign and Vermilion. As thus constituted it remained unchanged 
until 1857. By an act approved February 11, 1857, Sangamon county was made 
part of the eighteenth circuit, together w^ith the counties of Macoupin, Mont- 
gomery and Christian. On the organization of this new circuit, Edward Y. Rice 
was elected and served as judge of the circuit until 1870. Judge Rice was elected 
to this office from Montgomery county, and served acceptably during the con- 
tinuance of the circuit. He was a man of clear mind, a good judge of law, his 
judgment rarely being reversed. He was appreciated by the entire bar, not only 
of Sangamon county, but of the circuit. 



156 THE BENCH AND BAR OF ILLINOIS. 

In 1869, Sangamon county, together with Macoupin, embraced the thirtieth 
judicial circuit. Benjamin S. Edwards was commissioned judge of the circuit, 
and held the office about fifteen months and then resigned. While on the bench 
he was quite popular with bar and people. 

John A. McClernand was elected to fill the vacancy, and was commissioned 
July 12, 1870. He remained in the office until the expiration of the term. A 
sketch of Judge McClernand appears in connection with the bar history. 

The general assembly, by an act approved March 28, 1873, divided the 
state into twenty-six judicial circuits, Sangamon county, together with the coun- 
ties of Macoupin, Shelby, Christian, Fayette and Montgomery, comprising the 
nineteenth. Charles S. Zane, of Springfield, was the first elected judge of this 
new circuit. 

In 1877 the state was divided into thirteen judicial circuits, with three 
judges in each circuit. Horatio M. \'andevecr. of Taylorville, Charles S. Zane, 
of Springfield, and William R. Welch, of Carlinville, were the three elected for 
the fifth judicial circuit, embracing the counties of Sangamon, Christian, 
Macoupin, Shelby, Montgomery. 

Horatio M. Vandeveer was raised in Sangamon county, but removed to 
Christian county when a young man, and there studied law and was admitted 
to the bar. He was elected judge of the twentieth judicial circuit in 1873, and 
retained as one of the three judges of the newly organized fifth circuit. Judge 
Vandeveer was highly esteemed by the bar, and made an excellent judge. Before 
being elected to this office he served a term in the legislature very acceptably. 
He declined a re-election on the expiration of his term, and later engaged in 
banking and in the practice of law in Taylorville. He died in 1895. 

William R. Welch was from Carlinville, and was recognized by the bar and 
people as above the average ability as a judge. He died many years ago. 

Jesse J. Phillips was elected, in 1879, and was a citizen of Hillsboro. He 
had but a short experience as judge, but served very acceptably. During the 
war he was recognized as a brave and gallant officer, — the colonel in command 
of one of our Illinois regiments, and was wounded two or three times during the 
service. 

Agreeable to an act of the legislature, approved February 10, 1821, a court 
of probate was established in this county and James Latham was duly com- 
missioned probate judge, and held the first term of court June 4, 1821. The 
only business transacted this day was to issue letters of administration to 
Randolph Wills on the estate of Daniel Martin, deceased. Court met and 
adjourned three times, after its first meeting, without transacting any business, 
until August 26, 1821, when the filing and recording the will of Peter Lanterman 
occupied the attention of the court one entire day. 

James Latham, the first probate judge of Sangamon county, was born in 
Loudoun county, Virginia, October 25, 1768. He emigrated when a young* man 
to Kentucky, and was there married to Mary Briggs in 1792. In 1819, with his 
family, he removed to Illinois, and settled at Elkhart Grove, then a part of 
Sanjramon, but now of Logan county. As already intimated, on the organization 



THE BENCH AND BAR OF H^LINOIS, 157 

of the county he was appointed probate judge. He held the office but a few 
months and then resigned, having received the appointment of superintendent 
of the Indians around Fort Clark. Soon after receiving this appointment he 
removed his family to that place, and died there December 4, 1826. 

Zachariah Peter was appointed to fill the vacancy occasioned by Judge 
Latham's resignation, and served about one year. Zachariah Peter was a Vir- 
ginian by birth, but was raised in Kentucky, where he was married to Nancy 
Spaulding. In September, 1818, Mr. Peter arrived in Sangamon county, and 
finding an empty cabin in what is now Ball township, he moved his family into 
it, remaining there until the following spring, v^hen he erected a cabin for himself 
about three miles north. Mr. Peter was one of the three commissioners appointed 
to locate the temporary seat of justice for Sangamon county, and filled several 
important county offices, serving for several years as one of the board of county 
commissioners. He died in Springfield, August 5, 1864. 

Charles R. Matheny succeeded to the office of probate judge in 1822, and 
held the office for three years. He was born in Loudoun county, Virginia, March 
6, 1786. When a young man he went on a visit to a brother in Kentucky, and 
was there licensed to preach by the proper authorities in the Methodist Episcopal 
church. In 1805 he was appointed by that body as missionary to. a portion of the 
Illinois, but then known as the Indiana territory. He settled in what is now St. 
Clair county, and continued for some years to preach the gospel. While engaged 
in ministerial duties, he read law and was admitted to the bar. In 1817 he was 
appointed prosecuting attorney for the territory. In 1821 he was induced, by 
the tender of the office of countv clerk, countv auditor and circuit clerk, and 
other prospective advantages, to come to Sangamon county, arriving at Spring- 
field in the spring of 182 1. In Springfield and throughout the county he was 
very popular, and received many favors from the people. He was for several 
years president of the board of trustees of the village of Springfield, and held 
the office of county clerk until his death, which occurred October 10, 1839. 

James Adams was the next to fill the office of probate judge, his commission 
bearing date August, 1825. Judge Adams held the office until 1843. Thomas 
MofTett was elected in 1843, and served until 1849. 

By the constitution of 1848, counties not organized under the township 
org'anization law were governed by a board of justices, consisting of a county 
judg^e and two associates. The county judge performed under this law all the 
duties formerly devolving upon the probate judge. Under this act Thomas 
Aloffett was elected to the office of county judge, and served four years. 

John WicklifTe Taylor was elected to succeed Judge Moffett, and com- 
menced his official life in December, 1853. Judge Taylor was a native of Ken- 
tucky, and after his marriage, in 1833, he moved to Springfield, Illinois, where 
he remained one year, and then settled on a farm in Cartwright township, where 
he \%^as living at the time of his election. 

William D. Power was elected as the successor of Judge Taylor, in 1857. 
Judgfe Power-was born in Bath county, Kentucky, May 2, 182 1, and was brought 
by his parents to Sangamon county the same year. Here he grew to manhood, 



158 THE BENCH AND BAR OF ILLINOIS. 

and so lived as to merit the esteem of all who knew him. In 1861 he was re- 
elected county judge, and died in office March 2, 1863. Xorman M. BroadweW 
was elected to fill the vacancy caused by the death of Judge Power. He sened 
out the term. WiUiam Prescott was the successor of Judge Broadwcll, and 
served from 1865 to 1869. A. X. J. Crook was the next to fill the office of county 
judge. He was elected in 1869. and served four years. 

James H. Matheny was first elected county judge in 1873, and re-elected in 
1877. He made an extremely popular judge. When the county adopted the 
township organization law the office of associate justice was abolished, and the 
legislative duties performed by the county judge and associates were vested in a 
board of supervisors. The county judge was still retained in office as judge oi 
probate. 

By the constitution of 1870 county courts were created having original 
jurisdiction in all matters of probate, and made a court of record. By an act 
of the legislature it has been given common-law jurisdiction to the amount of 
one thousand dollars. A. X.J. Crook was the first county judge under the new- 
law. 

The bar of Sangamon county has ever been a subject of pride among her 
citizens. Some, of the best legal minds, fairest logicians and finest orators of 
the age have practiced before her courts, many of whom have claimed a residence 
in the county. 

In compiling a history of the bar one is astonished at the small amount of 
material for memoirs of those who have been so intimately connected with and 
exerted such influence upon the country's welfare and progi'ess. Aside from 
the few who have become great, whose names are emblazoned on historj's page, 
but little is known of many who at one time were very prominent in the legal 
profession in the county. But the names of Lincoln, Douglas, Shields, Baker, 
Logan, Trumbull, Hardin, Breese, Lockwood, Linder and scores of others men- 
tioned in these pages will always find a place in their country's history, and 
Sangamon county has reason to be proud, not only of so many distinguished 
sons, but of the many others who have practiced in her courts. 

Sangamon county was organized in 182 1, and in the decade following, the 
names of Henry Starr, John Reynolds, Samuel McRoberts, Alfred W. Cavarly, 
William Thomas, Benjamin Mills, William A. Hamilton, WilHam Mendel, James 
Adams, Thomas M. Xeale, James M. Strode, Jonathan H. Pugh, Thomas Moffett, 
John T. Stuart, S. D. Lockwood, Judge Smith, Alfred Coles, Mr. Rogers, James 
Turney, John L. Bogardus, David Prickett and George Forquer appeared upon 
the dockets of the court — an array of distinguished names which would be an 
honor even to the bar of to-day, many of whom have since become distinguished, 
and few of whom are now living. 

James Adams is the pioneer attorney of Sangamon county, having settk^d 
in Springfield in 1S21, shortly after the county was organized. Mr. Adams ^vas 
born in Hartford, Connecticut, January 26, 1803, from which place he removed 
to Oswego county, New York, in 1809, and thence to Sangamon county as 
already stated. For several years he had quite an extensive practice, being care- 



THE BENCH AND PAR OF ILLINOIS. 159 

ful and painstaking in working up his cases and in his dients' interests. In 
1823 he was appointed justice of the peace, and was elected successively for many 
years. He took part in the Winnebago and Black Hawk wars. After an exciting 
personal canvass, he was elected probate judge in 1841, and died in office on 
August II, 1843. 

Jonathan H. Pugh was the second attorney to make Sangamon county his 
home. He arrived in Springfield early in the year 1823, and at once secured 
a good practice for that day. In the first decade of the bar of this county his name 
probably appears oftener on the docket than any other attorney. Mr. Pugh was 
from Bath county, Kentucky, and was a man of brilliant talents, a good lawyer 
for that time, and one whose wit never failed him on any occasion. Before a 
jury he was almost invincible. In society he was a prime favorite, having 
remarkably fine conversational powers. Before coming to Sangamon he located 
for a time in Bond county, and was there elected to the legislature. He also 
served Sangamon county in the assembly after his removal here. In 183 1 he was 
nominated for congress, and made the race in opposition to ex-Governor Duncan. 
At this time the question of internal improvements was being agitated, especially 
the building of a canal from Lake Michigan to the Illinois river. Governor 
Duncan was a strong advocate of the canal, while Mr. Pugh advocated the 
building of a railroad, and was probably the first man in the state to advocate 
this measure. His views upon this question were doubtless one cause of his 
defeat. In 1833, while in the prime of life, Mr. Pugh "laid down life's burden 
and passed over to the other side." 

Thomas M. Neale was born in Fauquier county, Virginia, in 1796. When 
a mere child, he was taken by his parents to Bowling Green, Kentucky. On the 
breaking out of the war of 1812, he enlisted and served his country faithfully as 
a common soldier. He studied law and was admitted to the bar in Bowling 
Green. In the fall of 1824 Mr. Neale arrived, in Springfield, and at once com- 
menced the practice of law. For some three or four years his practice was good. 
In the campaign against the Winnebago Indians in 1827, he was the colonel in 
command of all the infantry companies. After the Black Hawk war. Colonel 
Neale was elected surveyor of the county, and one of his first acts was ihe 
appointment of Abraham Lincoln his deputy. He was also a justice of the peace 
for many years, and as such united many couples in marriage, sometimes receiv- 
ing as his fee only a saddle of venison. Mr. Neale died August 7, 1840. 

James M. Strode was from Kentucky, and made his first appearance before 
the Sangamon county courts in 1823. • He was then a young man of fair talents, 
rather showy in dress and manners, a good story-teller, and for many years was 
quite prominent in the courts of the state. Leaving Springfield he settled in 
Galena, where he died. 

William S. Hamilton was a son of the noted Alexander Hamilton, of New 
York. He first figured in the courts of this county in 1825, though he was prob- 
ably here the previous year. He was a man of great intellectual powers, but was 
unsteady in his habits. He served the county one year in the legislature. 

Thomas Moffett was from Bath county, Kentucky, and came to Springfield 



i6o THE BENCH AND, BAR OF ILLINOIS. 

in 1826, where he engaj^^ed in teaching school and devoting his leisure hours to 
the study of law. He was admitted to the bar in 1828, and was the first in the 
county to receive a license to practice. Mr. Moffett was orderly sergeant of a 
company in the Winnebago war, and also captain of a company in the Black 
Hawk war. He served two years as county commissioner, and from 1843 
served as judge of the probate court. Under the constitution of 1848 
he was elected county judge for four years. While not taking high rank as 
a lawyer, Mr. Moffett was a man of excellent judgment, and made an excellent 
justice of the peace, probate judge and county judge. He died in 1877, at a very 
advanced age. He was many years a ruling elder in the Second Presbyterian 
church. 

William Mendel was a queer genius, not much of a lawyer, and good for 
little else, unless it should be for being very witty. He occasionally failed to 
behave himself in court with that decorum demanded of the profession, and con- 
sequently was punished therefor by the presiding judge. He once appeared 
before Judge Sawyer and behaved himself in an unbecoming manner. The judge 
sentenced him to jail for the night. The next morning on going to the court- 
house a calf was discovered in the judge's stand and a lot of geese in the jury- 
box, with Mendel addressing them in an impassioned manner. The judge took 
no notice of the indignity. 

Samuel McRoberts was one of the best lawyers that followed the circuit, 
making Springfield a point. He was afterward circuit judge, and also 
United States senator from this state. He died before the expiration of his term. 
He was an excellent man to be with on the circuit, serving to beguile the weary 
hours in travelino: from place to place. U. F. Linder, whose reminiscences are 
often quoted in this work, says he could give the heartiest laugh when amused 
of any man he ever saw. 

Alfred W. Cavarly was a man well known by the elder members of the bar. 
He lived in Greene county and rode the circuit of which Sangamon formed a part 
for many years. He was considered a good lawyer, though a little egotistic. He 
always rode a good horse in his travels. On one occasion he interposed a general 
demurrer to one of Mills' pleadings, and sought thus to take advantage of some 
matter w'hich could only be reached by special demurrer. When Cavarly dis- 
covered that he could only reach the defect by special demurrer, he insisted that 
his was a special demurrer because he had underscored part of it. Judge Lock- 
w^ood decided against him. At dinner the same day, at which the judge and 
members of the bar were present, Cavarly sent his plate to Mills to be furnished 
with what he thought was a cut of venison. Mills sent him a piece which Cavarly 
discovered was beef, and he remarked, ^'Brother Mills, I wanted venison, and you 
sent me beef." "Oh," said Mills, ''underscore it, Brother Cavarly, and that will 
make it venison." Mr. Cavarly was a member of the state legislature of 1836, 
and died a few years ago in Ottawa, Illinois. 

Benjamin Mills was one of the ablest, most learned and accomplished law- 
yers of the early bar of this state. He was from Massachusetts, highly educated, 
and a man of a rare style of oratory, through which there ran a rich vein of 



THE BENCH AND BAR OF H.LINOIS. i6i 

wit and irony. It was a talent he often indulged in in conversation. He rode the 
circuit in company with several others who later became prominent, and had 
few equals to contend with. As illustrative o£ his wit it is related that one day 
when he was in his cups, at his hotel, he was sitting about half asleep, when 
Cavarly stepped up to where he was sitting and laid his hand on Mills' bald head 
and remarked: "Friend Mills, you have quite a prairie on your head." '*Yes, 
Cavarly," he said, "and do you know the difference between you and me?" "By 
no means, Brother Mills," said he, in quite a patronizing manner. "Well, FU 
tell you," said Mills, "my prairie is on my head, but yours is inside your head." 
Mills was the son of a New England Presbyterian minister, and came to 
Illinois at an early day, when there was a law authorizing a justice of the peace, 
if he heard a man swear, even upon the streets, to go to his office and enter up 
a fine of one dollar against him. Ben was a justice of the peace, and was one 
day taking his glass with another justice of the peace at his hotel in Greenville, 
Illinois, when he happened to let slip about a half dozen oaths. His brother 
justice said nothing about it at the time. This was in the morning. They met 
again at the same place in the evening and were taking another social glass to- 
gether, when his friend remarked: "Brother Mills, you swore several oaths this 
morning, and you know the law makes it my duty to enter a fine against you of 
a dollar for each oath." "I know it, my brother," said Mills, "and thought of it 
as I went to my office, and being a justice of the peace myself, I entered upon 
my docket a fine of one dollar for each oath I swore." "Oh, well," said his 
friend, "that will do. Come, Brother Mills, let us have another glass." And 
when they were about to drink it, Mills remarked: "But you know, my brother, 
that the policy of the law is reformation and not vengeance, and feeling that 
object has been thoroughly accomplished in my case, by the fine, I am now 
considering the question of remitting it." After their glass and a hearty laugh 
they parted. 

Mr. !Mills was a powerful prosecutor. At Edwardsville, a lawyer named 
Winchester, killed a man named Smith, or at least was charged with the crime. 
Mills was his prosecutor. Felix Grundy, of Tennessee, then one of the greatest 
criminal lawyers in the southwest, was sent for to defend Winchester. The 
prosecution is said to have been one of the ablest, most fearful and terrible ever 
heard, and it required all the talent and oratory of Grundy, assisted by the pres- 
ence and countenance of many of the leading attorneys and men of the place 
lo prevent a conviction. Mr. Mills died about 1850. 

John Reynolds is well known to every student of the history of Illinois, 
having been governor of the state, member of congress, and judge of the supreme 
court of Illinois. An amusing story is told of the governor which occurred while 
he was holdmg a term of the circuit court at Edwardsville. At that term a man 
named Green was tried before him on the charge of murder, and was convicted. 
Reynolds, who was always seeking popularity, desired the ill-will of no one, even 
f>f a murderer, and after the verdict of guilty had been read by the clerk in open 
court, turned to Green, his face all beaming with sympathy, said: "Mr. Green, 

I am truly sorry for you; the jury have found you guilty of murder, and I sup- 
u 



i62 THE BENCH AND BAR OF ILLINOIS. 

pose you know you have got to be hung?" "Yes, your Honor," said Green. "Mr. 
Green, 1 want you to understand that this is none of my work, but of a jury of 
your own selection. I would take it as a favor of you if you would communicate 
this fact to your friends and relatives. The law makes it my duty to pass sen- 
tence upon you and carry out the verdict of the jury. It is a mere matter of form, 
Mr. Green, so far as I am concerned, and your death can in no way be imputed 
to me. Mr. Green, when would you like to be hung?" "Your Honor," said 
Green, "if I had any choice in the matter, I «jhould not like to be hung at all; but 
as it seems I have not, I have no preference of one time over another." Rey- 
nolds then turned to the clerk and said: "Mr. Conway, look at the almanac and 
see if the fourth Friday in December comes on Sunday." Conway, being a man 
of considerable humor, gravely turned to the almanac, and then looking up. 
said: "I find, your Honor, to my utter astonishment, that that day comes upon 
Friday!" "So it does, so it does," said Reynolds. Turning to Green, he said: 
**Mr. (jreen, the sentence of the court is that on the fourth Friday in December, 
between the hours of ten o'clock in the forenoon and four o'clock in the after- 
noon, the sheriff of Madison county will take you from the jail to the place of 
execution, and there, Mr. Green, I am sorry to say, he will hang you till you are 
dead, dead, dead, and may the Lord have mercy upon your soul. And don't 
you forget it, Air. Green, that it is not my work^ but that of the jury which tried 
vou." 

James Turney's name appears upon the records of the Sangamon circuit 
court for several years, beginning in 1824. He was a Tennessean by birth, but 
at this time lived in CarroUton. He was a man of fine personal appearance, of 
great natural, with but little acquired ability. When attorney general of the 
state, it is said that such was the reputation which had preceded him when travel- 
ing the circuits that many men indicted came into court and confessed guilty 
rather than stand a trial with him as prosecutor. He was a natural orator, and 
always commanded the most profound attention. No one could fail to recognize 
in a moment, when hearing him speak, that he was a man of. considerable genius 
and talent. He served the state as attorney general and as commissioner of the 
Illinois and Michigan canal. He was also state senator from Greene county. 

Henry Starr, at a very early day, left his native state of New Hampshire and 
settled in Kentucky, where he taught school and studied law. After being 
admitted to the bar, he removed to Edwardsville, Illinois, from which place he 
made his semi-annual trips around the circuit, his name appearing on the docket 
of Sangamon circuit court in 1822. He remained in the state but a few years, 
when he removed to Cincinnati, and soon w^as recognized as a leading lawyer 
of that metropolis. ^ 

George Forquer, a half-brotlier of ex-Governor Ford, was born in Union- 
town, Pennsylvania, in 1794. With his mother and half-brother he moved to 
Monroe county, Illinois, at an early day, from which place he was elected a mem- 
ber of a legislature. In 1825 he was appointed by Governor Coles, secretarj- of 
state, and went to Vandalia in the discharge of the duties of that office. In 
December, 1828, he resigned the position, and in January following w^as 



THE BENCH AND BAR OF ILLINOIS. 163 

appointed attorney general by Governor Edwards. Resigning this latter office 
the same year, he removed to Springfield. He afterwards represented Sangamon 
county in the state senate, and was at one time register of the land office in 
Springfield. He was considered by his contemporaries a fair lawyer and had a 
good business. He died September 12, 1838. 

In the decade from 1831 to 1841 an array of names appear, some of whom 
have made a reputation that is world-wide. For character, learning and ability 
the bar during this decade has never been surpassed either in Sangamon county 
or in any county in the state, and perhaps hot in the Union. At what bar will 
be found the superioi^, or even the equal of Abraham Lincoln, Stephen A. 
Douglas, James Shields, Stephen T. Logan, John T. Stuart, Edward Jones, Dan 
Stone, Samuel H. Treat, Ninian W. Edwards, E. D. Baker, Cyrus Walker, Jesse 
B. Thomas and A. T. Bledsoe, all of wdiom engaged in practice and often 
appeared before the courts of Sangamon county during this time? Not alone 
as attorneys, but as statesmen, the greater number of the foregoing were prom- 
inent in after years. James C. Conkling, who was cotemporar}' with those named 
says this of law and lawyers at that time: 

*Torty years ago business was not so great in extent as to occupy the full 
time of the lawyer. Suits were not so numerous or so important as to afford a 
support for himself and family. He engaged in political life as an employment, 
and solicited office to improve his slender income. A much larger number of the 
prominent members of the legal profession then became members of the state 
legislature or of congress than at present. The people demanded their political 
services, and they were happy and anxious to accommodate the people. A 
political contest gave them notoriety among the masses, and afforded them an 
opportunity to display their abilities. A reputation for eloquence and skill in* 
debate was a recommendation as lawyers in the practice of their profession. 
Hence we find the names of Reynolds, Edwards, Cook, Casey, Breese, Browning, 
Hardin, Baker, Williams, Shields, Douglas, Trumbull, Lincoln, McClernand and 
numerous others almost as frequently, in the political annals of our state, as upon 
the records of our courts. As lawyers they were eminent; as statesmen many of 
them became illustrious." 

In addition to those named, the records of the courts show the following 
named as practicing here between the years 1831 and 1841: Edward J. PhiUips, 
Henr\' E. Dummer, William L. May, Josephus Hewitt, Charles Emerson, David 
Prickett, Jesse B. Thomas, D. B. Campbell, Justin Butterfield, Antrim Campbell, 
John D. Urquhart, John C. Doremus, James C. Conkling, Charles R. Wells, 
Schuyler Strong, B. S. Edwards and W. J. Gatewood, — a list of which the bar 
of any county might be proud. 

During the latter part of this decade, the United States circuit court and the 
supreme court of Illinois were removed from Vandalia to Springfield. Isaac N. 
Arnold, in an address delivered before the Illinois State Bar Association, at 
Springfield, January 7, 1881, says: 

I wish, with the graphic power of Sir Walter Scott, I could call up a picture of 
the United States circuit court and the supreme court of Illinois, and the lawyers dien 



i64 THE BENCH AND BAR OF ILLINOIS. 

practicing before them, as they were in 1839, and on during the following years. If we 
could, in fancy, enter the United States circuit-court room in this city, in June. 1839, we 
should be impressed with the majestic figure, imposing presence and dignified bearing 
of the presiding judge, John McLean, a justice of the supreme court of the United States. 
His person and face were often compared to Washington's — whom he is said to have 
strikingly resembled. Nathaniel Pope, the district judge, was shorter and stouter in per- 
son, more blunt and sturdy in manner, and not so familiar with the law books, the cases. 
and literature of the law, but of a most clear, vigorous and logical mind. If we enter 
their court, then held, if I am not mistaken, in one of the churches in this city, we should 
find Ferris Foreman, then United States district attorney, prosecuting the case of "The 
United States versus Gratiot," then a historic name in Missouri and the northwest, in a 
case arising under a lease, by the government, of a portion of the lead mines of Galena. 
We should hear the late Judge Breese making a very learned argument for the defense. 
If we lingered until the next case was called, we should hear the sharp, clear, ringing 
voice of Stephen T. Logan opening his case. If we remained until the trial ended, we 
should concur in the remark that this small, red-haired man, inferior in person, but with 
an eye whose keenness indicated his sharp and incisive intellect; this little man, take him 
all in all, was then the best nisi-prius lawyer in the state, and it would be difficult to find 
his superior anywhere. Among the leading practitioners in the court in Springfield in 
1839 were Logan, Lincoln, Baker, Trumbull, Butterfield & Collins, Spring & Goodrich, 
Cowles & Krum, Davis, Hardin, Browning, and Archy Williams. 

In those early days it was my habit, and that, also, of those practicing in the 
United States court, to come to Springfield twice each year, to attend the semi-annual 
terms of court held in June and December. We made our trips in Frink & Walkers 
coaches, and I have known the December trip to take five days and nights, dragging 
drearily through the mud and sleet, and there was an amount of discomfort, vexation 
and annoyance about it sufficient to exhaust the patience of the most amiable. I think 
I have noticed that some of my impulsive brethren of the Chicago bar have become less 
profane since the rail-cars have been substituted for the stage-coaches. But the June 
journey was as agreeable as the December trip was repulsive. A four-in-hand with 
•splendid horses, the best of Troy coaches, good company, the exhilaration of great speed 
over an elastic road, much of it a turf of grass, often crushing under our wheels the most 
beautiful wild flowers, every prove fragrant with blossoms, framed in the richest green, 
our roads not fenced in by narrow lanch. but with freedom to choose our route; here and 
there a picturesque log-cabin, covered with vines; the boys and girls on their way to the 
log-schools, and the lusty farmer digging his fortune out of the rich earth. Everything 
fresh and new. full of young life and enthusiasm, these June trips to Springfield would, 
I think, compare favorably even with those we made to-day in a luxurious Pullman 
car. But there were exceptions to these enjoyments; sometimes a torrent of rain would 
in a few hours so swell the streams that the log bridges and banks would be entirely 
submerged, and a stream which a few hours before was nearly dry became a foaming 
torrent. Fording, at such times, was never agreeable, and sometimes a little dangerous. 

I must not omit to mention the old-fashioned, generous hospitality of Springfield- 
hospitality proverbial to this day throughout the state. Among others. I recall, with a 
^ad pleasure, the dinners and evening parties given by Mrs. Lincoln. In her modest 
and simple home, everything orderly and refined, there was always, on the part of both 
host and hostess, a cordial and hearty western welcome, w^hich put every guest per- 
fectly at ease. Mrs. Lincoln's table was famed for the excellence of many rare Ken- 
tucky dishes, and in season it was loaded with venison, wild turkeys, prairie chickens, 
quail and other game, which was then abundant. Yet it was her genial manners and ever 
kind welcome, and Mr. Lincoln's wit and humor, anecdote and unrivaled conversation, 
which formed the chief attraction. We read much of "merrie England," but I doubt if 
there was ever anything more "merrie" than Springfield in those days. As, to-day, I 
walk your streets, and visit the capitol, and your court rooms, as I enter the old home 



THE BENCH AND BAR OF H.LINOIS, 165 

of Lincoln, for the first time since i860, memories of the past come thronging back; 
I see his tall form, his merry laugh breaks upon my ear; I seem to hear the voice of 
Douglas, of Baker, of Hardin, and of Logan! 

Edward J. Phillips, one of the first to commence here the practice of law in 
the second decade, was a man of fine personal appearance, above the average in 
sicholarship, and a fine business man. He continued the practice of his profes- 
sion but a short time, and then secured a position in the state bank, and as an 
officer of that institution was exceedingly popular as he was also in social life. 
Edward Jones commenced the practice of law in Springfield as a partner of 
George Forquer. Edward Jones was born at Georgetown, D. C, May 8, 181 1. 
He commenced his education at a classical academv in his native town, and made 
good progress in his studies, but having a strong predilection for military life, he 
entered a select military school at the seat of the national government. After 
completing his academic studies, he commenced reading law in the office of John 
Marbury, and afterwards attended the Virginia Law School, at Winchester. He 
was admitted to practice at the bar in March, 1830, just two months before he 
was nineteen years of age. Being of an active and energetic temperament, he 
turned his face to the great west and, in the following May, settled in Illinois, 
fixing his residence at Springfield. 

During the troubles of tlie frontier growing out of the Black Hawk war, he 
exhibited his natural fondness for military life by serving in the campaigns of 
1831 and 1832. In the spring of 1834 Judge Lockwood tendered him the 
appointment of clerk of the circuit court of Tazewell county, and he removed to 
Pekin, the county-sedt of that county. After holding the office about three years 
and a half he resigned and resumed the practice of law. This he continued to 
do honorably and successfully until the call for volunteers in the Mexican war 
in June, 1846, aroused his patriotic feelings. He at once raised a company, which 
became Company F, of Colonel Baker's regiment. He first served with his regi- 
ment under General Taylor and then under General Scott. He was engaged in 
the storming of Vera Cruz and the memorable battle of Cerro Gordo. The term 
of service of his regiment having expired, he was reluctantly compelled to return 
borne. 

For some years after his return from Mexico, and until his health failed 
him, he was a successful practitioner. Mr. Jones had the reputation, which he 
richly deserved, as one of the finest men in his profession. He had a purely 
legal mind, and this natural aptitude he had diligently improved by his profes- 
sional studies. His fame as a special pleader was wide-spread. He was con- 
sidered a Fabius in defense — ^being remarkably successful in delaying the con- 
test till the most propitious moment. 

Edward Jones was eminently social in his nature, and was surrounded by 
hosts of friends who prized his society to the last. 

Edward Jones died December 20, 1857, and was buried in Pekin, Tazewell 
county. The estimation in which he was held by the bar in that place was 
embodied in a series of resolutions, one of which said: "We have found him a 
noble and powerful advocate, scorning to do anything unprofessional — eloquent. 



i66 THE BENCH AND BAR OF ILLINOIS. 

profound in argument, unanswerable in reasoning, and ever successful in the 
fierce conflict of intellect with intellect." 

Henry E. Dummer was a man of superior talents, a fine lawyer and scholar, 
and exceedingly refined in manner. He was a native of Maine, and had drifted 
west in 1832. In the spring of this year he was in Cincinnati, and noticing the 
advertisement of a boat going up the Sangamon river, determined to take 
passage to the new country. Arriving here in due time, he soon formed a part- 
nership with John T. Stuart, this relation continuing but a short time. After 
dissolution of the co-partnership, Mr. Dummer went to Jacksonville, where he 
remained a short time, and then drifted on to Beardstown. In this latter city 
he married, settled down and became eminently successful in the practice of his 
profession. From Beardstown he returned to Jacksonville and became a mem- 
ber of the firm of Dummer, Brown & Kirby. He died about 1877. 

Judge Stephen Trigg Logan was born in Franklin county, Kentucky, on 
the 24th of February, 1800. His paternal ancestry were of Scotch-Irish extrac- 
tion; on the maternal side he was of English descent. His great-grandfather 
rmigrated from Ireland and settled in Augusta county, X'irginia, about the year 
[750. His father, David Logan, died in Kentucky in the prime of his manhood 
about 1821. His mother was the daughter of Colonel Stephen Trigg, a native of 
the Old Dominion, who moved to Kentucky in 1779 and lost his Ufe in the 
disastrous battle with the Indians at the Blue Licks, in August, 1782. His 
grandfather. Colonel John Logan, was one of the early pioneers of Kentucky 
and was a representative in the Virginia legislature from one of the counties of 
Kentucky before the admission of Kentucky into the Union as a state. Subse- 
quently he was a member of the convention which formed the Kentucky con- 
stitution of 1799, and he held for several years the office of treasurer of that 
commonwealth. 

General Ben Logan, his brother, was the first of the family to remove from 
Virginia to Kentucky and figured conspicuously with Boone and other famous 
pioneers in the Indian wars of the period. Stephen received his early education 
in Frankfort, the capital of the commonwealth, and was employed as a clerk in 
the office of the secretary of state, under Martin D. Hardin, son-in-law of General 
Ben Logan and father of Colonel John J. Hardin, of Illinois. While in the dis- 
charge of his duties here, when only thirteen years of age, he made out the com- 
missions for the officers of General Shelby's command, in their expedition to our 
northern frontier during the war of 181 2. As a boy young Logan was remark- 
able for his quickness, sound understanding and aptitude for both study and busi- 
ness. In 1817 he went to Glasgow. Barren county, and studied law under his 
uncle. Judge Tompkins. He was admitted to the bar at Glasgow before attaining 
his majority, but did not at once engage in practice. He supported himself in 
the meantime by teaching school and serving as a deputy in the circuit clerk's 
office of Barren county. In this position he made himself familiar with the 
various forms of legal procedure, and acquired much of that skill and facility in 
the drafting of legal documents for w^hich he was noted throughout his profes- 
sional life. Shortly after entering on the practice of law he w'as appointed 



THE BENCH AND BAR OF ILLINOIS. 167 

commonwealth attorney for the Glasgow circuit. His accurate knowledge of the 
principles of law, his command over complicated facts, his analytical power in 
dealing with evidence and, above all, his incisive and animated style as a speaker 
won for him in a few years an established reputation and a lucrative clientage. 
On the 2Sth of June, 1823, he married Miss America T. Bush, eldest daughter 
of William T. Bush, Esq., of Glasgow. They had eight children, — four sons and 
four daughters, — of whom only the two youngest, Mrs. Ward H. Lamon and 
Mrs. L. H. Coleman, survived their father. Mrs. Logan was a lady of refined 
manners, of unaffected piety and unpretentious benevolence. She died in 1868, 
in her sixty-second year. In the spring of 1832 Mr. Logan removed with his 
family to Illinois. The journey was made with carriage and wagons, and was 
long and tedious. They arrived at Springfield about the middle of May, and 
settled on a farm near the Sangamon river, about six miles northwest of the 
city. For a time he contemplated devoting himself entirely to agricultural pur- 
suits, but at the instance of William L. May, with whom he formed a partnership, 
he returned to Springfield in the spring of 1833 and resumed his practice. Mr. 
May represented the Springfield district, then embracing the entire northern 
half of the state, in congress from 1834 to 1838. Judge Logan speedily acquired 
a leading position, not only at the Sangamon bar, but in the state at large, his 
reputation continuing to increase until his final relinquishment of his profession. 
In January, 1835, he was elected by the legislature as judge of the first judicial 
circuit of Illinois, embracing Sangamon county. He held this office until the 
March term, 1837, when he resigned, on account of the inadequacy of the salary; 
and in 1839, being again chosen circuit judge, he declined to serve. 

On retiring from the bench, in 1837, he formed a partnership with Colonel 
E. D. Baker. He was afterward associated from 1841 to 1844 with Abraham 
Lincoln, and at a later period with his son-in-law, Hon. Milton Hay. Short as 
was the time he remained on the bench, he attracted at that time the attention 
and admiration of many of his most eminent cotemporaries, — among them such 
men as the late Judge David Davis, Judge Caton and Judge Drummond. Speak- 
ing of him in the United States court after his death, Senator Davis recalled 
some interesting memoirs of this period of Judge Logan's career: 

The first time I saw him was in Springfield, in the autumn* of 1835, when he was 
holding a term of the Sangamon circuit court. I had just come to the state, and was 
naturally desirous of observing the proceedings in the courts. Having pursued my legal 
studies in Massachusetts and Connecticut, I was impressed with the idea that justice was 
administered in those states by magistrates who were superior to any I should meet in 
Illinois, and was, therefore, not prepared at the outset to have this opinion changed. I 
was a diligent observer of the manner in which the business of the court was conducted, 
and recollect that Judge Logan disposed of some intricate points of evidence with a 
clearness of statement and power of reasoning that not only carried conviction to my 
mind, but satisfied me of the largeness of his capacity and of his ability to discharge 
the duties of any judicial tribunal in the country. The admiration which I conceived 
for him then, instead of being diminished by the lapse of time, as often happens, was 
increased as I knew him better and observed the development of his marvelous powers. 



i68 THE BENCH AND BAR OF ILLINOIS. 

Speaking of him as an advocate, Senator Davis said: 

In all the elements that constitute a great nisi-prius lawyer, I have never known his 
equal. I loved to hear him try an important jury cause, and have quite often been sur- 
prised by the remarkable powers displayed by him when he was hard pressed for vic- 
tory. I will mention one instance. In the winter of 1844-5 one Chapman was indicted 
for perjury under the bankrupt law of 1841. The case excited a great deal of interest, for 
the reason that the party charged with the crime had previously borne a good character, 
and because many persons believed a beneficent law had been repealed on account of 
perjuries and frauds committed under it. Justin Butterfield was the prosecutor, and 
Logan and Lincoln defended. Butterfield exerted all his intellectual power to procure 
a conviction. As usual when Logan was engaged in a case, no matter who was as«io- 
ciated with him. the chief management of it was conceded to him. He never appeared 
to better advantage than in this defense. The trial lasted several days, and the lawyers 
from abroad, as well as those living here, were attracted to the court-room. The legisla- 
ture was in session, and though a member of it I was so fascinated by the intellectual 
struggle that I heard the trial through, to the neglect of my official duties. Chapman 
was convicted, but I thought at the time the result would have been different had not the 
judge charged so strongly against the prisoner. 

"When I first met him," said the Hon. Tliomas Drummond on the same 
occasion, "forty-five years ago he was a judge in the circuit court of this state. 
He had exchanged with Judge Ford, and went into the latter 's circuit, in the 
northern part of the state, in the summer and fall of 1835. He was the first judge 
before whom I appeared, and his was the first court in w'hich I tried a case in 
the state of Illinois. I was engaged in several cases during the term and was an 
attentive observer of the manner in which he administered the law during the 
whole sitting of the court. The qualities, in my opinion, most conspicuous in 
him were great clearness of statement, a preternatural quickness of apprehension, 
extraordinary fertility of resources and a glowing, ardent nature, which almost 
compelled the tribunal he addressed to share in his own conviction. To these 
were added in exceptional fullness the power of nice discrimination and cogent 
analysis, a true sense of the justice of the cause and the capacity to reject all 
extraneous matter and confine himself to the essential points in the controversy. 
He was, besides, a broad, comprehensive reasoner, never diffuse. These qualities 
fitted him peculiarly for the trial of nisi-prius cases, in which he was considered 
unrivaled. I do not think that in general he made great preparation far his 
cases, or studied them verv elaboratelv. He often trusted with confidence to his 
resources at the time of trial, and these rarely failed him. Above all, though 
faithful in the utmost to the cause of his cheiit, he was an honest law'ver and true 
to the court to which he left, after urging every argument which a fertile imagin- 
ation and a full knowledge could suggest, the decision of the cause, relying upon 
its real merits for success. The impression he made upon me, as a young lawyer 
having his first experience in the state of his profession, has never been effaced." 

His relations with Mr. Lincoln in these days have been graphically 
described by Hon. Orville H. drowning, of Quincy, who said: "Younger men 
who afterward attained great distinction at the bar, and have done honor to the 
state, had their training in his office and under his instruction. Among others 



THE BENCH AND BAR OF ILLINOIS. 169 

who had the benefit of his association, example and instruction, was the lamented 
Lincoln, who afterwards became so illustrious in the history of our country and 
before the world, and whose memory is enshrined in all our hearts. As his law 
partner Mr. Lincoln was long and intimately associated with Judge Logan, and 
no doubt during that period received much of the preparation which fitted him 
for the brilliant and useful career which awaited him, and which enabled him 
to achieve immortal renown as- a patriot and statesman. Mr. Lincoln at one 
time exerted all his influence, which was not then so great as it afterward became, 
to have his friend and former partner placed upon the bench of a federal court. 
For such a station he was most eminently qualified, and had he held the position 
he could not have failed to add to the exalted reputation of the American 
judiciary. I know that Mr. Lincoln then regarded Judge Logan as the most 
thorough and accomplished lawyer he had ever known, and through his whole 
life he cherished for him an affection, admiration and respect which approached 
to reverence and adoration." 

Judge Caton also tells an anecdote which is interesting as showing one 
quality which Judge Logan eminently possessed: **He had to be convinced of 
the justice of his cause," says Judge Caton, "at least he had to be persuaded that 
he was not advocating injustice, before he raised his voice in support of a cause; 
but that cause, when once espoused, he pursued with relentless energy. I recol- 
lect once when he was engaged with his partner, Mr. Lincoln, at the time when 
they were partners, in the argument of a cause before this court (the Illinois 
supreme court). I happened to meet him, and inquired, while Mr. Lincoln was 
making his address, if he proposed to argue the case. *I don't think 
I shall trouble you,' he said; 'I don't see it as clear as Mr. Lin- 
coln does; I prefer to leave it with him.' I confess I appreciated the 
compliment that he thought an intimation from me that he did not believe his 
associate was right would not affect my judgment; I say I appreciated it as a 
very high compliment. But it happened that the cause was decided as Mr. 
Lincoln had argued it." 

Sometimes it happened that Mr. Lincoln and Judge Logan were retained 
on opposite sides. When this was the case the struggle was certain to be a sharp 
one, and it never failed to interest the whole community, though it never dis- 
turbed the harmonious personal relations which continued to exist between 
these two distinguished men throughout their lives. In 1842 Judge Logan was 
elected a representative in the legislature from the county of Sangamon, and was 
re-elected in 1844 and 1846, serving throughout with great ability and credit. 
In 1847 he was chosen a delegate to the convention which formed the state 
constitution of Illinois and took a leading and influential part in the deliberations 
of that body. His efforts, both in the legislature and in the convention, were 
especially directed to securing economy in the public expenditures and making 
adequate provision for the payment of the state's indebtedness, in each of which 
he was measurably successful. One incident of his career as a legislator will be 
remembered to his lasting honor. It cannot be better told than in the words of 



I70 THE BEXCII AND BAR OF ILLINOIS. 

the Hon. Mason Rrayman, in his address to the Sangamon county circuit court 
on the announcement of Judge Logan's death : 

One occasion I recollect well, when as a member of the house of representatives 
here, he rose to the dignity of statesmanship, and at a most critical moment saved Illinois 
from the danger of repudiation, and aided in laying the foundation on which was built a 
restored credit and after which in natural sequence came an era of financial greatness 
and prosperity scarcely matched in the history of states. It was when the bill for re- 
funding our old state debt was brought into the house. Our internal improvement system 
had been a disastrous and disgraceful failure. We owed fourteen millions, mostly in 
bonds not worth fourteen cents to the dollar. The interest was unpaid. The shadow 
of repudiation had fallen on the public mind and infected members of the general assembly. 
At the bottom the people of Illinois were honest. While confessing that they could not 
pay, they stoutly resolved t^at they would pay — some time. A night session was held for 
the final struggle upon the momentous measure. Judge Logan held himself in reserve 
until this hour. All were eager to know his position, for it was felt that the fate of the 
bill was in his hands. The old hall was packed to the utmost. He took the floor — ^thc 
venerable and honored Ninian W. Edwards being in the chair — and, in one of the most 
brilliant efforts of his life, supported the bill. I recall one of his thrilling sentiments: "I 
know my constituents of Sangamon county and they know me. I know that they did not 
send me here to make repudiators of them, and they know that no constituency can 
make a repudiator of me!" The bill was safe. When he closed it was passed under the 
previous question. From that hour Illinois went forward. Her three or four hundred 
thousand, then, go beyond three millions now (1881). Her overshadowing debt has 
disappeared. To him whose memory you have commemorated, and to those who stood 
with him in those trying hours. Illinois is indebted for a credit restored and an 
honor untarnished. 

In 1848 he was Whig candidate for congress in the Springfield district. 
Lincoln, Baker and Logan then constituted a triumvirate and were the diree 
political leaders in the congressional district. Each was ambitious to serve his 
country at Washington, and it was understood that they would be candidates in 
rotation. Baker had been elected, and was occupying the seat wdien the war 
with Mexico commenced. Lincoln succeeded him. Logan in time became a 
candidate, but his party was then under a cloud in consequence of its opposition 
to the war, while the Democratic candidate, Major Thomas L. Harris, had just 
returned with military laurels won on the fields of Mexico. The dashing soldier 
of course carried the day, and Judge Logan was signally defeated. He now 
withdrew from all active participation in politics and for a number of years 
applied himself sedulously to the practice of his profession. He had at this time 
a large, diversified and lucrative business both in the state and federal courts. 
In 1854 he w^as elected, for the fourth time, to the state legislature. During this 
session he served as chairman of the judiciary and other committees, and was 
the author of several useful measures of legislation. In 1855 he was nominated 
without his consent as a candidate for judge of the supreme court for the second 
grand division of Illinois, in opposition to Judge Onias C. Skinner, of Quincy. 
In May, i860, he was a delegate from the state at large to the Republican 
national convention at Chicago, and with David Davis, Leonard Swett, Norman 
B. Judd and other friends of Mr. Lincoln, secured his nomination to the 



THE BENCH AND BAR OF ILLINOIS, 171 

presidency. The election of Mr. Lincoln brought to a crisis the differences 
which had so \or\g agitated the people of the north and south and threatened 
a disruption of the Union. At the instance of the ' legislature of Vir- 
ginia a national peace conference assembled in the dity of Washington on 
the 4th of February, 1861, to devise certain amendments to the federal 
constitution, which, it was hoped, if adopted by congress and the several 
states, would restore peace to the country, preserve the Union and avert the 
calamities of the impending civil war. Thirteen free and several border states 
sent delegates to this congress. The five commissioners appointed by Governor 
Yates to represent the state of Illinois were Judge Logan, General John M. 
Palmer, Thomas J. Turner, John Wood and Burton C. Cook. The peace con- 
gress included among its members many of the most eminent jurists and states- 
men of the L^nited States. Judge Logan took with him into that body the same 
noble characteristic which marked him in the law office, — that of peacemaker. 
As he had striven in the legislature to save his state from public dishonor, so he 
now sought to save his country from threatened dismemberment. He took an 
active part in the deliberations of this historic assembly favoring an honorable 
compromise between the northern and southern sections of the Union. "As the 
friend of President Lincoln,'* said the Hon. W. S. Groesbeck, of Ohio, a mem- 
ber of the conference, **Judge Logan was often heard and always with profound 
interest. I recall one of his speeches made toward the close of our conference, 
when we were feeling very much discouraged. It was a grand, patriotic appeal. It 
touched every heart; it moistened nearly every eye. I have not met Judge 
Logan since that day, but if I were to live a hundred years I would not forget 
him." It was probably this speech to which reference was made by Hon. John 
T Stuart in his remarks at the memorial meeting of the Sangamon county bar, 
and from which the following extract was given by Hon. James C. Conkling in 
a lecture on the *'Early Bench and Bar,*' delivered on the T2th of January, 1881, 
before the Bar Association of Chicago: 

Instead of dreaming of news from the seat of war and of marching armies, I have 
thought of a country through which armies have marched, leaving in their track the 
desolation of a desert. I have thought of harvests trampled down; of towns and villages, 
once the seat of happiness and prosperity, reduced to heaps of smoking ruins, and battle- 
fields red with blood which has been shed by those who ought to have been brothers; 
of families broken up or reduced to poverty; of widowed wives, of orphaned children, 
and the other misfortunes which are inseparably connected with war. This is the picture 
which presents itself to my mind every day and every hour. It is a picture which' we 
are doomed soon to witness in our country unless we place a restraint upon our pas- 
sions, forget our selfish interests, and do something to save our country. 

Sectional animosity and party feeling were too strong for the friends of 
peace. Judge Logan's stirring appeals, which electrified the conference, had no 
effect upon the fomenters of strife outside. He succeeded in the object for which 
he went into the conference. That body adopted and reported to congress a 
number of resolutions embodying various concessions to southern demands; 
but congress threw all these aside and passed as a substitute an amendment to 



172 THE BENCH AND BAR OF ILLINOIS, 

the constitution proposed by Senator Douglas, which forbade congress ever to 
interfere with slavery. I»efore the necessary number of states could vote on the 
adoption of this amendment the civil war had begun. Speaking before the 
Illinois supreme court, in memory of Judge Logan, the Hon. Orville H. Brown- 
ing, of Quincy, referred to this speech of Judge Logan at the peace conference, 
and said: "I was not present and had not the pleasure and benefit of hearing 
Judge Logan on that occasion ; but after the lapse of many years and after the 
southern states had been devastated by a war which that congress strove in vain 
to avert, in conversation with learned and able men who were present as members 
of the congress, I have been assured that the speech he then delivered was remark- 
able for its wisdom, its patriotism, its conciliatory tone and temper, its forecast 
of the future, and its eloquence and power; and that had the counsels of our 
deceased brother been followed all convicting opinions and interests would have 
been reconciled, and tlie country have escaped the calamities which ensued." 

His service in the peace conference was the last of his public and official 
employments. He had not only retired from political life, but gradually withdrew 
from the practice of his profession. His last public appearance was in 1872, when 
he was unanimously chosen to preside over the Republican state convention of 
that year. The evening of his days was passed in dignified retirement, sur- 
rounded by his family, and in the enjoyment of the ample estate which he had 
accumulated by his industry, economy and foresight. He died, after a brief ill- 
ness, at his residence in Springfield, on the 17th of July, 1880. His funeral was 
attended by distinguished judges and members of the bar from all parts of the 
state; the members of the Sangamon county bar and of the city council attended 
in a body. His remains were interred in Oak Ridge cemetery. Special tributes 
of respect were paid to his memory by the Sangamon county bar, whose memorial 
resolutions were presented to the United States court, the Sangamon county 
circuit court, and the supreme court of the state; and also by tne city council of 
Springfield. The bar expressed their regret for the loss, **not only of a dis- 
tinguished lawyer, but an illustrious citizen of the state, who by his energy and 
ability contributed much to its material prosperity, and by his wisdom as a 
legislator and inflexible integrity as a judge w^as instrumental in giving to person 
' and property the protection of wise laws, wisely and honestly administered." 

Judge Logan's life began with the century, when Xapolcon was first consul 
in France and John Adams was president of the United States. In his four 
score years he lived to see the nation grow from six millions to fifty millions of 
people; to see slavery abolished and the republic, tried by the greatest civil war 
that history records, emerge from it stronger and more firmly rooted in the 
hearts of the people than ever before. 

Hon. David Prickett, prominently identified with the early history of lUinois 
and Sangamon county, was born in Franklin county, Georgia, September 21, 
1800. In early childhood he went with his parents to Kentucky, and a few years 
later to.Edwardsville, Illinois, then a prominent town of this state. He graduated 
from the law department of Transylvania University, in Lexington. Kentucky, 
and was admitted to practice at Edv/ardsville, Illinois, November 15, 1821. Mr. 



THE BENCH AND BAR OF ILLINOIS. 173 

Prickett served as the first supreme-court reporter of Illinois, was for a time 
judge of probate court of Madison county: was elected a member of the state 
legislature in 1826, when the capital was at Vandalia. He served as aide-de-camp 
to General John D. Whiteside in the Black Hawk war in 1831; was elected 
state's attorney in 1837 for the first judicial circuit of Illinois, composed of Pike, 
Calhoun, Greene, Morgan, Sangamon, Tazewell, McLean, Macon and Macoupin 
counties. He served as treasurer of the board of canal commissioners during the 
construction of the Michigan and LaSalle canal, in 1840; in 1842 was appointed 
director, in behalf of the state, of the State Bank of Illinois; was clerk of the 
house of representatives ten sessions; and was serving as assistant clerk of the 
house of representatives at the time of his death, March i, 1847. He dealt con- 
siderably in real estate, and was joint proprietor in laying out additions to several 
cities in Illinois. Mr. Prickett married Charlotte, daughter of Thomas and Chris- 
tiana Griffith, of Tazewell county, on January 24, 1834. She was born March 9, 
1806. Their marital union resulted in five children. 

William L. May was a Kentuckian by birth, removing from that state to 
Edwardsville, Illinois, thence to Jacksonville, and from there to Springfield, in 
1829, having received the appointment of receiver of the land office in the latter 
place. Here in 1833 he formed a partnership with Stephen T. Logan. Mr. May 
was much more of a politician than a lawyer, and was a man of good address 
and a capital stump-speaker. In 1834 he was elected to congress, and again in 
1836. In 1838 he failed of receiving the nomination, which went tc Stephen A. 
Douglas. In the course of time Mr. May removed to Peoria, and thence to Cali- 
fornia, where he died. 

Dan. Stone became a member of the bar of Sangamon county in 1833. He 
was a native of Vermont and a graduate of Middlebury College, in his native 
state. He afterwards went to Cincinnati, studied law with his uncle, Ethan 
Stone, and practiced in that city for several years, and during that time was a 
member of the legislature, and also a member of the city council. On his removal 
to Springfield he at once took rank with the best lawyers. He was elected a 
member of the legislature in 1836, and was one of the famous "long-nine" mem- 
bers of that body from this county. While a member of the legislature he 
received the appointment of judge of the circuit court, and was assigned to duty 
in the northern part of the state and moved to Galena. In 1838 he rendered a 
decision with reference to the vote of an alien, which so displeased the party in 
power that the courts were reorganized by the legislature, and Judge Stone was 
legislated out of office. He soon after left the state, and a few years later died in 
Essex county, New Jersey. 

Josephus Hewitt came to Springfield about 1830, at which time he was a 
Christian preacher, an eloquent "defender of the faith once delivered to the 
Saints." He read law with Judge Logan, and was admitted to the bar about 
1834. In 1835 he formed a partnership with Cyrus Walker, of Macomb, Mr. 
Hewitt remaining in Springfield and Mr. Walker in Macomb, but practicing to- 
gether in the various courts of the state. Mr. Hewitt became one of the most 
noted lawyers of that day, and is spoken of by the older members of the pro- 



174 THE BENCH AND BAR OF ILLINOIS. 

fession as a man of strong mind and very eloquent in his pleadings. He re- 
moved from Springfield to Mississippi, where he died. 

David B. Campbell came to Springfield in 1838, from New Jersey, his native 
state. He was a fair lawyer and a good prosecutor, serving as prosecuting at- 
torney from 1848 to 1856, dying in office in the latter year. He was a fair-minded 
man. and while prosecuting attorney would never prosecute one charged with 
crime unless thoroughly convinced of his guilt. 

Antrim Campbell, a brother of David, was born in New Jersey in 1814. He 
came to Springfield in 1838, and entered upon the. practice of his profession. In 
1849 ^c was appointed master in chancery for the' circuit court of Sangamon 
county, and resigned the same in 1861, when he received the appointment of 
master in chancery for the United States circuit court for the southern district 
of Illinois. While never taking high rank as an attorney, he was recognized as 
a good master in chancery and an excellent business man. He died August ii, 
1868. 

Albert T. Bledsoe was a worthy member of the Sangamon county bar during 
the last year of its second decade and extending nearly through the third. He 
came to Springfield from Greene county in 1840. While a young man he grad- 
uated at West Point, and shortly after resigned his position in the army, studied 
for the ministry, and was ordained a minister in the Episcopalian church. Be- 
coming dissatisfied, he resigned his charge, studied law and was admitted to the 
bar before coming to Springfield. On his arrival here he formed a partnership 
with Jesse B. Thomas, which continued about a year, when he became a partner 
of E. D. Baker. Major Stuart says that for real logic he was the strongest man 
at this bar at that time. But contentment was not with him a cardinal virtue. 
He could remain in one position but a short time. He was an author of sev- 
eral scientific works, which were well received by the learned. Mr. Bledsoe 
about 1850 drifted south, was president of a college in Mississippi for a time, and 
at the breaking out of the war was professor of mathematics in a college at Char- 
lotteville, Virginia. Espousing the southern side, he was made assistant secretary 
of war, but becoming convinced that the southern confederacy was about to col- 
lapse, shortly before the close of the war, it is said that he applied to his old 
friend Abraham Lincoln, president of the United States, for a pass through the 
lines, receiving which he came within the Union lines and soon embarked for 
Europe, where he remained until the close of the war. Returning, he visited his 
old friends in Springfield, then again went south, and has since died. 

Charles R. Welles was from Connecticut, was well educated, but did little 
business in law. Soon after coming to Springfield he engaged in the real-estate 
business, in which he accumulated a large fortune. He died many years ago. 

Schuyler Strong was from New York, and well advanced in years before 
coming to Springfield. In his native state he was regarded as no ordinary 
lawyer, and was recognized as the peer of any when he arrived here. If it had 
not been for one grievous fault, so common, success would have crowned his 
every effort. He died about 1845. 

Ninian W\ Edwards, the son of Ninian Edwards, the first and only terri- 



THE BENCH AND BAR OF ILLINOIS. 175 

torial governor of Illinois, was born April 15, 1809, near Frankfort, Kentucky. 
His father at that time was chief justice of the court of appeals of Kentucky, but, 
receiving the appointment of governor of the territory of Illinois, he removed 
with his family in June following, to Kaskaskia, its capital. When of the proper 
age, Ninian W. was sent to Transylvania University, and graduated in the law 
department of that institution in 1833. In 1832 he was married to Mis^Eliza- 
beth P. Todd, in Lexington, Kentucky. Returning home after his graduation, 
he commenced the practice of law. In 1834, he was appointed by Governor 
Reynolds, attorney general of the state, and was shortly afterwards elected by 
the legislature. The law requiring the attorney general to reside at the capital, 
and Mr. Edwards not liking a residence in Vandalia, he resigned the office in 
Febniary, 1835, and shortly afterward removed to Springfield. In 1836 Mr. 
Edwards, was elected one of the representatives in the legislature. From 1836 to 
1852 Mr. Edwards served in the legislature, either in the senate or house of 
representatives, being a very efficient member. He was also a member of the 
constitutional convention which formed the constitution of 1848. In 1852 he 
was appointed attorney before the board of commissioners to investigate the 
claims of canal contractors against the state, amounting to over one million five 
hundred thousand dollars. In 1854 he received the appointment of state super- 
intendent of public instruction and was the first incumbent of that office. He 
was retained in this office by the legislature until 1857. Mr. Edwards was 
always a champion of free schools, and drafted the law in regard to them which 
was first adopted in the state. In 1862, he was appointed by President Lin- 
coln United States commissary. Mr. Edwards found time to prepare a his- 
tory of the state of Illinois, including the "Life and Times of Governor Ed- 
wards," written on the invitation of the Illinois State Historical Society. It is 
a valuable work, and is regarded as a standard on the. subject on which it treats. 
As a lawyer, Mr. Edwards ranked high while an active member of the bar. 

C3rrus Walker was a Kentuckian by birth; studied law and was admitted 
to the bar in his native state, where he became very prominent, especially as a 
criminal lawyer. On account of his defense of a murderer, who was acquitted, 
and whom the people generally thought should have been hung, Kentucky be- 
came uncomfortably warm for him, so that he came to Illinois and settled in 
Maconib, in 1833. He was a man of strong mind, an excellent lawyer, and withal 
very conscientious. In 1835 he was a partner of Josephus Hewitt, and in 1839 
with James C. Conkling. His business was very extensive for many years in 
the various courts of Illinois. He died near Macomb, in 1876. 

In 1837 Abraham Lincoln was admitted to the bar. While living in Salem 
he had borrowed books from the law library of John T. Stuart, which he read 
and returned as the opportunity occurred. When convinced that he could 
stand an examination, he presented himself for that purpose, and was duly 
licensed to practice his profession. He immediately formed a partnership with 
Mr. Stuart, which relation continued about two years. During this same year, 
Stephen A. Douglas became a citizen of Springfield, having received the appoint- 
ment of register in the land office. He soon aften\^ard formed a partnership 



176 THE BENCH AND BAR OF ILLINOIS. 

with John D. Urquhart for the practice of law, and here commenced the rivalry 
of these two great men — Abraham Lincoln and Stephen A. Douglas — men whom 
the world delights to honor. In the address already quoted, by Isaac N. Arnold, 
he says: 

When, forty years ago, the bar used to meet here at the capitol, in the supreme and 
United %tates courts, and ride the circuit in our different sections of the state, Lincoln 
and Douglas did not occupy a position of such overshadowing importance as they do to- 
day. They did not beat us in our cases when law and justice were with us, and we did 
not realize that they were so greatly our superiors. But these two men have passed into 
history, and justly, as our great representative men. These are the two most promi- 
nent figures, not only in the history of Illinois, but of the Mississippi valley, and their prom- 
inence, certainly that of Mr. Lincoln, will be increased as time passes on. I will, therefore, 
endeavor to give such rough and imperfect outlines of them as lawyers, and advocates, and 
public speakers, as I can. We, who knew them personally, who tried causes with them 
and against them, ought, I think, to aid those who shall come after us, to understand 
them, and to determine what manner of men they were. In the first place, no two men 
could be found more unlike, physically and intellectually, in manners and in appearance, 
than they. 

Lincoln was a very tall, spare man, six feet four inches in height, and would be 
instantly recognized as belonging to that type of tall, large-boned men produced in the 
northern part of the Mississippi valley, and exhibiting its peculiar characteristics in the 
most marked degree in Tennessee, Kentucky and Illinois. In any court-room in the 
United States he would have been instantly picked out as a western man. His stature, 
figure, dress, manner, voice and accent indicated that he was of the northwest. In man- 
ner he was always cordial and frank, and although not without dignity, he made every 
person feci quite at his ease. I think the first impression a stranger would get of him. 
whether in conversation or by hearing him speak, was, that this is a kind, frank, sincere, 
genuine man, of transparent truthfulness and integrity; and before Lincoln had uttered 
many words, he would be impressed with his clear good sense, his remarkably simple, 
liomely, but expressive Saxon language, and next his wonderful wit and humor. Lincoln 
was more familiar with the Bible than with any other book in the language, and this 
was apparent, both from his style and illustrations, so often taken from that book. He 
verified the maxim, that it is better to know thoroughly a few good books than to read 
many. 

Douglas was little more than five feet high, with a strong, broad chest, and strongly 
marked features: his manners, also, were cordial, frank and hearty. The poorest and 
humblest found him friendly. He was, in his earlier years, hale fellow well met with the 
rudest and poorest man in the court room. Those of you who practiced lav»r with him, 
or tried causes before him when on the bench, will remember that it was not unusual 
to see him come off the bench, or leave his chair at the bar, and take a seat on the knee 
of a friend, and with one arm thrown familiarly around his friend's neck, have a friendly 
talk, or a legal or political consultation. Such familiarity would have shocked our Eng- 
lish cousins, and disgusted our Boston brothers, and it has, I think, disappeared. 

Lincoln and Douglas were, as we know, both self-educated, and each the builder 
of his own fortune. Each became, very early, the recognized leader of the political party 
to which he belonged. Douglas was bold, unflinching, impetuous, denunciatory and de- 
termined. He possessed, in an eminent degree, the qualities which create personal pop- 
ularity, and he was the idol of his friends. Both Lincoln and Douglas were strong jury 
lawyers. Lincoln, on the whole, was the strongest jury lawyer we ever had in Illinois. 
Both were distinguished for their ability in seizing and bringing out, distinctly and clearly, 
the real points in a case. Both were very happy in the examination of witnesses; I think 
Lincoln the stronger of the two in cross-examination. He could compel a witness to tell 



THE BENCH AND BAR OF ILLINOIS. 177 

the truth when he meant to lie. He could make a jury laugh, and, generally, weep, at his 
pleasure. Lincoln on the right side, and especially when injustice or fraud were to be 
exposed, was the strongest advocate. On the wrong side, or on the defense, wfiere the 
accused was really guilty, the client with Douglas for his advocate would be more fortunate 
than with Lincoln. Lincoln studied his cases thoroughly and exhaustively. Douglas had 
a wonderful faculty of extracting from his associates, from experts and others, by con- 
versation, all they knew of a subject he was to discuss, and then making it so thoroughly 
his that all seemed to have originated with himself. He so perfectly assimilated the ideas 
and knowledge of others that all seemed to be his own, and all that went into his mind 
c.;me out improved. 

Mr. Lincoln remained in active practice at the bar until his nomination for 

the presidency in i860. His reputation as a lawyer and advocate was rising 

higher and higher. He had a large practice on the circuit all over the central 

part of this state, and he was employed in most of the important cases in the 

federal and supreme courts. He went on special retainers all over Illinois, and 

occasionally to St. Louis, Cincinnati, and Indiana. His law arguments addressed 

to the judges were always clear, vigorous and logical, seeking to convince rather 

by the application of principle than by the citation of authorities and cases. On 

the whole, I always thought him relatively stronger before a jury than with the 

court. He was a quick and accurate reader of character, and understood, almost 

mtuitively, the jury, witnesses, parties, and judges, and how best to address, 

convince and influence them. He had a power of conciliating and impressing 

everyone in his favor. His manner was so candid, so direct, the spectator was 

impressed that he was seeking only truth and justice. He excelled all I ever 

heard in the statement of his case. However complicated, he would disentangle 

it, and present the turning point in a way so sim.ple and clear that all could 

understand. He had in the highest possible degree the art of persuasion and the 

power of conviction. His illustrations were often quaint and homely, but always 

clear and apt, and generally conclusive. He never misstated evidence, but stated 

clearly, and met fairly and squarely his opponent's case. His wit and humor 

and inexhaustible stores of anecdote, always to the point, added immensely to 

his power as a jury advocate. 

Jesse B. Thomas, Jr., was a nephew of the eminent statesman of that name, 
a former United States senator, and well known in the early dav. He was 
an attorney of more than ordinary ability, and succeeded Ninian W. Edwards as 
attorney general of the state in 1835. In 1837 he was appointed ^circuit judge, 
but resigned after the expiration of two years. He was at one time a partner of 
David Prickett, in Springfield, and afterwards of William L. May. He finally 
went to Chicago and died there. 

E. D. Baker came to Springfield in 1835, from Greene county, Illinois. He 
was born in London, England, February 24, 181 1, and emigrated with his parents 
to America shortly after the close of our late war with England, and after re- 
maining^ for a time in Philadelphia he came west and settled in Indiana, and 
thence came to Illinois. He early manifested a strong passion for books. Pos- 
sessing a rare aptitude for acquiring information, a ready and highly retentive 
memory, his mind soon became stored with the rich treasures of literary lore, 

12 



178 THE BENCH AND BAR OF ILLINOIS. 

from which, in after years, he drew copiously as from a perennial fount. At 
Carrollton, Greene county, Mr. Baker studied law in the office of A. W. Cavarly, 
serving at the same time as deputy in the office of the county clerk. As soon 
as he gained a superficial knowledge of the science of law, spurred on by neces- 
sity, he procured a license and commenced practice. Owing, however, to his 
youth, limited legal attainments and the absence of influential friends, during 
the first years of his professional life, he met with indiflPerent success. 

While in Carrollton, Mr. Baker was married to Mrs. Marv A. Lee. Soon 
after marriage he united with the Christian church, and being naturally of an 
impulsive and enthusiastic temperament, he was very zealous in the discharge 
of his religious duties, became an able exhorter, and began to entertain serious 
thoughts of engaging in regular ministerial work. As time passed, his mind 
becoming occupied with politics, he finally ceased his connection with the 
religious body. While an active member of the church, he first discovered that 
boldness of thought, that opulence of expression, that graceful and persuasive 
manner of speaking, for which he became so justly celebrated in after life. 

Shortly after coming to Springfield, Mr. Baker associated himself in the 
practice of law with Josephus Hewitt. Subsequently, he entered into partnership 
with Stephen T. Logan, and for a short time with Albert T. Bledsoe. It was 
here that Baker first applied himsdf seriously to the duties of his profession, 
and here he won his first laurels as an advocate. Surrounded by the great men 
already mentioned as comprising the Sangamon county bar during this decade, 
Baker was compelled to struggle for that eminence in his profession which he 
rapidly attained. Although disinclined to close, continuous study, and oftea 
negligent in the preparation of his cases, he had so sufficiently mastered the prin- 
ciples and intricacies of the law as to meet the ordinary requirements of prac- 
tice, and his native genius supplied any deficiency. His confident, self-possessed 
air amidst the bustle of a court of law, his quickness of perception, ready wit, 
fertility in resources and ardent eloquence, enabled him to achieve the victory 
in spite of the most determined opposition from older or more experienced an- 
tagonists. In jury cases he was especially successful, for in these he was less 
fettered by the legal forms and technicalities which ordinarily curb the reins 
of youthful imagination. Indeed, a jury to him was but a miniature popular 
assembly, before which he could pour out his argument and invective at wulU or 
indulge in those exquisite touches of pathos, which failed not to awaken the sym- 
pathy and move the hearts of his auditors. Enterprising and ambitious, Mr. 
Baker early directed his attention to politics as opening the shortest road to 
preferment. In 1837 he was elected to the general assembly from Sangamon 
county to fill the vacancy occasioned by the resignation of Dan Stone. In the 
following year he was re-elected. In the campaign of 1840 he took an active 
part in the support of General Harrison. In 1844 he was elected to congress, 
and was a member of that body when the war with Mexico broke out. Return- 
ing home from Washington, he raised a regiment and was commissioned col- 
onel. In this war he earned a reputation as a brave and gallant commander. 

On his return from Mexico he removed to Galena and was there re-elected 



THE BENCH AND BAR OF ILLINOIS. 179 

to congress. He took his seat the second time in December, 1849. He bore 
an active if not a conspicuous part in the debate upon those grave national 
issues, which formed so prominent a feature in the first session of the thirty- 
first congress. He favored some, but not all the compromise measures passed at 
that session. 

In 1852 Colonel Baker emigrated with his family to California. Establish- 
ing himself in San Francisco, he once more commenced the practice of law. 
His fame as an advocate and orator had preceded him, so that he soon found 
himself in the midst of an extensive business. Here it was that he achieved his 
highest reputation as a lawyer, and perhaps his most brilliant renown as an orator. 
While living in California he early identified himself with the Free Soil move- 
ment. When Senator Broderick, the chief of the Douglas Democracy in that 
state, was killed in a duel with Judge Terry, it was Colonel Baker that was called 
upon to deliver the funeral oration, and right royally did he perform that sad 
duty. The oration has seldom, if ever, b^en surpassed. 

Shortly after the unhappy death of Broderick, Colonel Baker removed to 
Oregon. Here he was soon after elected to the United States senate. Returning 
to San Francisco, on his way to the east, he was the recipient of a public ovation. 
In his speech upon the occasion, he said: "As for me, I dare not, will not, be 
false to freedom. Where the feet of my youth were planted, there by freedom 
my feet shall ever stand. I will walk beneath her banner. I will glory in her 
strength. I have seen her in history struck down on a hundred fields of 
hartle. I have seen her friends fly from her, her foes gather around her. I have 
seen her bound to a stake. I have seen them give her ashes to the winds. But 
when they turned to exult, I have seen her again meet them face to face, re- 
splendent in complete steel, brandishing in her strong right hand a flaming 
sword, red with insufferable light. I take courage. The people gather round 
her. The genius of America will yet lead her sons to freedom." 

On taking his seat in the senate, Colonel Baker entered industriously upon 
the discharge of the duties of his station, and ranked from the outset among 
the foremost orators and debaters in that dignified body. His address on the 
2d and 3d days of January, 1861, in reply to Judah P. Benjamin, of Louisiana, 
was one of the most eloquent delivered during that stormy period. 

On the 20th day of April, a few days after the fall of Fort Sumter, Colonel 
Baker spoke in New York city to one of the largest assemblages ever en- 
chained by the eloquence of a single man. In closing his address, he d^-dicatcd 
himself anew to the service of his country in these grandly eloquent words, which 
were greeted with tremendous applause : "And if, from the far Pacific, a voice 
feebler than the feeblest murmur on its shores, may be heard to give, you cour- 
age and hope in this contest, that voice is yours to-day. And if a man whose 
hair is gray, who is well nigh worn out in the battle and toil of life, may pledge 
himself on such an occasion, and to such an audience, let me say, as my last 
word, that as when amid' sheeted fire and flame, I saw and led the hosts of New 
York, as they charged in contest upon a foreign soil for the honor of your flag, 
so, again, if Providence shall will it, this feeble hand shall draw a sword never 



i8o THE BENCH AND BAR OF ILLINOIS, 

yet dislionored — not to fight for distant honor in a foreign land — but to fight 
for country, for government, for constitution, for law, for right, for freedom, for 
humanity ; and in the hope that the banner of our country may advance, and 
wheresoever that banner waves, there may glory pursue and freedom be estab- 
lished." 

Colonel Baker at once raised a regiment, known as the California regiment, 
and entered the service. At Ball's Bluff, on the 20th day of October, 1861, he 
fell in battle, pierced by eight leaden messengers freighted with death, from the 
guns of the advancing foe. Thus heroically the grand and gifted Baker fell. 

John D. Urquhart was from X'irginia, and came to Springfield about 1832. 
He was -veil read in the law and in the general literature of the day. He was a 
gentleman of the old school, with too much refinement to adapt himself to west- 
ern metliods, and therefore achieved no success as a lawyer at the bar of Sanga- 
mon county. 

John C. Doremus was from New Jersey, and first practiced in the courts of 
this county in 1838. In 1840 he formed a partnership with Schuyler Stn ng, 
which continued but a few months. He never attained any distinction as a 
lawyer, and early in 1840 went south, studied theology, and became minister in 
the I'rci-hyUTian church and received the degree of D. D. He died a number of 
years ago. 

The third decade shows in addition to the greater number of those of the 
second, the names of Silas W. Robbins, Charles R. Welles, Benjamin West, 
James Shields, William A. Minshall, Justin Butterfield, Justin ButierfieUl, Jr., 
Levi Davis, A. K. Smede, James H. Matheny, David Logan. E. B. Herndon, 
A. Parker, William L Ferguson, William Walker, William H. Herndon, Vincent 
Ridgely, U. F. Linder, Josiah Lamborn, Archibald Williams, O. H. Browning, 
Israel Crqsbv, Lvman Trumbull. 

What bar in all the Union can show a greater array of distinguished names 
than the foregoing, in addition to the best of the second decade who still con- 
tinued to practice before the courts of the county. For great learning, for orator- 
ical ability, and for unsurpassed statesmanship, the bar during this decade has 
never been surpassed. From its ranks were furnished a president of the United 
States, a distinguished candidate for the presidency whose memory will always be 
kept green by lovers of the Union, several L^nited States senators, one cabinet 
officer, several members of congress, several distinguished officers in the United 
States army — all of whom were honorable men reflecting great credit upon the 
profession of law and upon the bar of Sangamon county. 

A large and interesting volume could be written of the bar of this decade, 
but in this volume space forbids more than such individual mention as will show 
the character of those composing it. 

A sketch of the life of General James Shields appears elsewhere in this work, 

Silas W. Robbins immigrated from Massachusetts to Kentucky as early 
as 1825, and succeeded admirably as an attorney in that commonwealth, serving 
some years as a judge of one of the courts. There being a strong prejudice in 
that state against Yankees, he left about 1841 and came to IlHnois and settled in 



THE BENCH AND BAR OF ILLINOIS. i8i 

Springfield, forming one of that strong force of attorneys composing the bar of 
ihat period. He was an excellent lawyer, and soon succeeded in obtaining a 
lucrative practice, which continued until his retirement in 1852. Judge Robbins 
was a man of high temper and of a very belligerent disposition, never seeming 
happy or contented without a '*wee bit of a row" on his hands. He could brook 
no restraints, and would be imposed on by no one. large or small. In 1855 ^^ 
removed to a farm a short distance from Springfield, and there died about 1870. 
Justin Butterfield was a citizen of Chicago, and often appeared in the Spring- 
licld courts. He was one of the most learned, talented and distingui^^hed mem- 
bers of the bar during this decade. 

Of Justin Butterfield, Jr., but little can be said. He came to Springfield 
in 1842, a young man of great promise, formed a partnership with B. S. Edwards, 
which continued about one year. He returned to Chicago on the dissolution of 
the co-partnership, and soon afterwards died. 

U. F. Linder was a native of Kentuckv, and born within ten miles of the 
place where Abraham Lincoln first saw the light of day. He came to Illinois 
in 1835, and settled in Coles county, but like all other lawyers of that day trav- 
eled the circuit. He was one of the most eminent lawyers of this decade, and 
the party securing his legal services was fortunate indeed. As an orator he had 
few equals. He was quick in repartee, and few cared to encounter him in debate. 
He was withal a trifle vain, but just enough to spur him on to action. 

Josiah Lamborn was one of the best lawyers that figured in the courts of 
Sangamon county. Linder says of him: "Intellectually, I know^ no man of his 
day who was his superior. He was considered by all the lawyers who knew him 
as a man of the tersest logic. He could see the point in a case as clear as any 
man I ever knew, and could elucidate it as ably, never using a word too much or 
one too few. He w-as exceedingly happy in his conceptions, and always traveled 
the shortest route to reach his conclusions. He was a terror to his legal op- 
ponents, especially to those diffusive, wordy lawyers who had more words than 
arguments. I heard Judge Smith, of the supreme court, say that he knew of 
no lawyer who was his equal in strength and force of argument." Lamborn 
was a native of Kentucky, and received a liberal education. He possessed high 
social qualities, and his conversational powers were of the very highest order. 
As a prosecutor he was a terror to criminals. He was inclined to be vindictive, 
and very resentful of any slight offered him by an opposing attorney. 

Lamborn was once prosecuting an old and gray-haired man for stealing 
hogs. Stephen T. Logan was defending him, and made a powerful plea in his 
behalf, describing the accused as a man with hair blossoming for the eternal 
world, with one foot in the grave and the other tottering upon the brink. The 
illustration was so apt that it had a w'onderful effect upon the jury which was 
quickly dispelled when Lamborn rose to reply. **Yes, gentlemen of the jury," 
said he, "his hair is whitening for that place which burns with liquid fire; one 
foot is in the grave, and the other is in his neighbor's hog pen." 

Levi Davis came to Springfield in 1839 as auditor of the state and served 
until 1841, when he commenced the practice of law, having been admitted to 



i82 THE BENCH AND BAR OF ILLINOIS. 

the bar before his appointment as auditor. He was a good lawyer, a fine business 
man, courteous and affable to all whom he met. He removed from here to Alton, 
where he has since died. 

A. K. Smede was a young but highly educated man from Mississippi who 
practiced law here between 1843 ^^^ 1845. He never met with much success 
and returned to his native state. 

David Logan, while a youth, came with his father to Springfield, here stud- 
ied law and was admitted to the bar in 1843. He was the son of Judge Logan 
and inherited many of the brilliant qualities of his father. He was a man of very 
superior talents. He practiced law in this circuit until 1847, when he went to 
Oregon, where he took high rank as a criminal lawyer, obtaining a large and 
lucrative practice. It is related that after he had become well established in 
Oregon his father was desirous of his returning home, and as an inducement 
wrote him that if he would come he would take him into partnership. The young 
man answered the letter, thanking his father very kindly for his generous offer, 
and closed by inviting him to Oregon, and as an inducement offered to take him 
into partnership. In i860 on the election of United States senator, he secured 
the majority of the Republican members of the legislature in his interest, but the 
party not having a majority, the Republicans united with the Douglas Demo- 
crats and elected E. D. Baker, the Democrats of that wing feeling favorably dis- 
posed to Colonel Baker for his gallant defense of Broderick. Mr. Logan died 
in Oregon in 1874. 

William I. Ferguson was a Pennsylvanian by birth, and came to Springfield 
when a mere child, afterwards studied law and was admitted to the bar in 1843. 
He was a very brilliant young man, and a first-class forensic lawyer. After his 
admission to the bar, he soon secured a good practice, and for some time held 
the office of attorney for the city of Springfield. About the year 1850 he went 
to Memphis, Tennessee, where he remained one year, and then returned to 
Springfield and resumed the practice of law. Becoming dissatisfied he emigrated 
to Texas in 1853, from which place he drifted on to California. In politics Mr. 
Ferguson was originally a Whig, and afterwards became a Democrat. In Cal- 
ifornia he took an active part in politics and was elected to the state senate, and 
was a candidate for the United States senate in 1855, but failed of an election. 
In the exciting canvass growing out of the differences between the administra- 
tion and Stephen A. Douglas in 1858, Senator Broderick was the leader of the 
Douglas faction, and Mr. Ferguson was a staunch adherent and defender of 
Broderick and Douglas. In his defense of the latter he incurred the displeasure 
of a man named Johnson, who challenged him to fight a duel. The challenge 
was accepted and Ferguson was slain. Colonel Baker delivered a funeral ora- 
tion over his dead body, which was only equaled, a few months later, by hi^ 
delivering the oration on the death of Senator Broderick, who fell in the same 
cowardly and disgraceful manner. 

Archibald Williams, of Quincy, was frequently in attendance on the Spring- 
field courts at this time, and his honest, homely features once seen were never 
forgotten. He was one of the most profound lawyers that ever practiced in the 



THE BENCH AND BAR OF ILLINOIS. 183 

courts of the state. Linder, in his "Reminiscences of the Bar," has this to say 
of Williams: "He was a member of the Illinois legislature in 1836 and 1837, 
and of the same house with Lincoln, Douglas and myself. He was over six 
feet high, and as angular and ungainly in his form as Mr. Lincoln himself; and 
for homeliness of face and feature surpassed Mr. Lincoln. I think I never saw 
but one man uglier than Archie, and that was Patrick H. Darbey, of Kentucky, 
also a very great lawyer, who once had a brace of pistols presented to him by a 
traveler he met upon the road, both being on horseback, who suddenly stopped, 
and asked Darbey to stop also, and said to the latter gentleman: 'Here is a 
brace of pistols which belong to you.' *How do you make that out?' said Dar- 
bey. 'They were given to me a long time ago by a stranger, who requested me 
to keep them until I met an uglier man than myself, and I have carried them for 
over twent> years; and I had begun to think they would go to my heirs when 
I died, Dut you are the rightful owner of the pistols. I give them to you as tliey 
were given to me. to be kept until you meet an uglier man than you arc, and 
then you will present them to him; but you will die the owner of the property, 
for I am confident there is not an uglier man than you in the world, and the Lord 
did his everlasting best when he created you.' Darbey accepted the pistols, and 
I never heard of them passing out of his hands. I know not what might have 
occurred had he and Archie Williams ever met. If there had been a jury trial of 
the right of property between them, I think it altogether likely it might have 
resulted in a *hung jury.' 

"Archie Williams sat near Mr. Lincoln in the southeast corner of the old 
State House in Vandalia, on his left, and I remember one day of a friend of mine 
asking me *who in the world those two ugly men were.' Archie and Mr. Lincoln 
were great friends. I recollect Mr. Lincoln asking me on one occasion if I 
didn't think Archie Williams was one of the strongest-minded, clearest-headed 
men in Illinois. I don't know what reply I made at the time, but I know Mr. 
Lincoln said that he thought him the strongest-minded and clearest-headed man 
he ever saw." 

Archie W^illiams has long since passed to his reward, but he has left a noble 
record, and one of which his descendants will always be proud. He made the 
race for congress in 1854 as a Free Soil candidate, but failed of election. When 
Lincoln was elected, he appointed him one of the federal judges of Kansas. 

O. H. Browning is another Quincy lawyer that was often seen before the 
courts of Sangamon county. He came to this state from Kentucky. As a lawyer 
and a statesman he obtained a high and enviable distinction. He was often em- 
ployed in the largest cases before the supreme court of the state and the United 
States courts. He was appointed to fill the vacancy in the United States senate, 
caused by the death of Senator Douglas, and served as secretary of the interior 
under President Johnson. 

William A. Minshall, of Schuyler county, first figures in this bar in 1841. 
He was a very able lawyer and at one time was judge of the circuit of which 
Schuyler county formed a part. Linder says of him : 

** Minshall, I believe, was a native of Ohio, and studied law with Judge 



i84 THE BENCH AND BAR OF ILLINOIS. 

McLean. In his early days he was given to dissipation. He courted a most 
beautiful woman, and on proposing marriage to her she promptly rejected him, 
on the strength of which he got most gloriously drunk, and in his crazy mood 
put on seven clean shirts, and in that condition went over to see her again, let- 
ting her know that it was impossible for him to live without her. The young lady, 
being far from indiflfereiit to the suit of Minshall. finally concluded that she would 
try and make a man of him, so she said to him: *Mr. Minshall, I will never marry 
a drunkard, and if I had a husband and he should become one, I would leave 
him on the instant, if I loved him as I loved my life, but I have come to the 
conclusion I will marry you on one condition: If you will reform your habits, 
and give me satisfactory proof of the same, and make a solemn vow^ that you 
will never drink again. So, now, you go home and divest yourself of all those 
shirts but one, and come back in a month from now, and we will consummate 
this agreement.' Minshall gladly took her at her word, and after a month's pro- 
bation he returned, took the vow, and they were married, and he religiously 
lived up to his pledge to the day of his death ; and I know of no happier couple 
than they were in the whole circle of my acquaintance. He had a reputation of 
being one of the kindest." 

Benjamin West came to Sangamon county in 1841, and settled in the 
village of Rochester. He was a man of fair talents, and was a good lawyer. In 
1846 he was elected to the legislature, and died before the expiration of his term. 
Israel Crosby figured here during this decade, but did more in the real-estate 
business than in law. William Walker studied law, and was here admitted to 
the bar. He soon afterwards went to Camden, and from thence to Havana, 
Mason county. From the latter place he emigrated to Missouri, where he was 
afterwards elected circuit judge. He was regarded as above the average in 
ability. 

Elliott B. Herndon was born on Silver creek, Madison county, Illinois, in 
1820. In company with his parents, he came to Sangamon county in the spring 
of 182 1. Elliott B. read law in Springfield, and was admitted to the bar in the 
winter of 1842-43, and was one of the three first young men admitted in the 
county. He at once commenced an active practice, which continued until 1868, 
when he retired, but resumed practice in 1873, continuing until 1878, when he 
permanently retired. Joseph Wallace, in a local paper issued February, 1880, 
thus speaks of Mr. Herndon: 

"At present he belongs to the retired list of our barristers, and enjoys his 
otium cum dignitate; but still appears in court in special cases, and his opinion 
is often sought upon difficult and abstruse questions of law. He has always been 
recognized as the possessor of one of the soundest legal minds at our bar, and if 
he had been prompted more by the spur of necessity would have risen to yet 
higher rank as a lawyer." 

Politically, Mr. Herndon was for many years engaged in the promulgation 
of Democratic doctrines, both from the stump and through the press. From 1857 
to i860 he edited the Illinois State Democrat, J. J. Clarkson, proprietor, a paper 



II 1' 



THE BENCH AND BAR OF ILLINOIS. 185 

started to contend for Democratic doctrine, "pure and undefiled," in opposition 
to what he regarded as heresies in the Douglas wing of that party. 

Mr. Herndon held several very important offices, both elective and ap- 
pointive. He served as city and county attorney. United States attorney for the 
southern district of Illinois. In 1858 he was appointed disbursing agent by the 
general government for Illinois. 

In 1876 Mr. Herndon was married to Jerusha Palmer, in Springfield, Illinois. 
In the same article already quoted Mr. Wallace further speaks of Mr. Herndon: 
''Physically and intellectually he is quite unlike his brother, William H. — 
the one inheriting the characteristics of the mother, while the other more 
nearly resembles the father. In person, Elliott B. is of medium height, broad- 
shouldered and heavy set, with a tendency, of late years, to obesity. His cranium 
is massive and finely developed, and his face square rather than oval. His style 
of speaking is deliberate and sententious, his gestures few, and his voice keen 
and penetrating." 

As Springfield and Sangamon county increased in population, and as the 

business before the supreme court of the state and the United States district 

courts increased, the resident members of the bar became more numerous. It 

will therefore be seen that between the years of 1851 and 1861, the distinctive 

local bar was quite large. Many who had been following the circuit had ceased 

their attendance, and only appeared before the courts here on special occasions. 

The greater number of those heretofore mentioned as making a residence in 

Springfield, yet remained at the beginning of this decade, and few left during the 

time. The bar was therefore a strong one. Among those who figured during 

this time whose names have not already been given are John A. McClernand, 

L. B. Adams, N. M. Broadwell, D. A. Brown, W. J. Black, W. J. Conkling, 

Primm & Gibson, J. E. Rosette, J. B. White, G. W. Shutt, Thomas Lewis, J. 

France, D. McWilliams, Charles W. Keyes, Shelby M. CuUom, L. Rosette, A. 

McWilliams, J. R. Thompson, Charles S. Zane, William Campbell, J. D. Bail, 

G. W. Besore, Christopher C. Brown, John E. Denny, Milton Hay, L. F. Mc- 

Crillis, J. W. Moflett, Charles B. Brown, S. C. Gibson, T. S. Mather, J. R. 

Mather, H. G. Reynolds, E, L. Gross, L. C. Boynton, A. B. Ives, C. M. Morrison, 

Joseph Wallace, Speed Butler, E. F. Leonard, William Prescott. 

Among the number comprising the bar of this decade will be noticed the 
names of some who have since become distinguished as statesmen and others 
whose names have become so familiar to every reader of history as among the 
brave men who responded to their country's call when traitors sought to destroy 
the Union, and who became as adept in the art of war as in the intricacies of the 
law. Sangamon county furnished the commander-in-chief of all the armies, one 
of whom the bar of the county may well be proud, one of its brightest ornaments, 
the great and noble Abraham Lincoln. From the bar of Sangamon county went 
General John A. McClernand, a brave and skillful general who rose to the rank 
of a division and corps commander; Colonel James H. Matheny, Colonel L. F. 
McCrillis and others. Of the bar of this period much can be said and only that 
which is good. 



i86 THE BENCH AND BAR OF ILLINOIS. 

Thomas Lewis was a character in his way. Originally a shoemaker by trade, 
he accummiilated some money, engaged in banking, and then studied law; was 
admitted to the bar, and practiced for a time, though he secured but little busi- 
ness. To crown all he became a newspaper man and was editor and publisher 
of the Illinois Atlas until its incorporation with the Political Crisis, in 1871. He 
resided in Cairo, and thence removed to Kansas City. 

J. France was a man well advanced in years when he came to Spnngfidd. 
He was a fair lawyer and had a good practice for a time. D. McWilliams was 
a voung man and- had been admitted to the bar but a short time when he came 

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THE BENCH AND BAR OF ILLINOIS. 187 

a good bankrupt lawyer, and had a good practice in the bankrupt courts. He 
only remained a short time, when he removed to California. 

• Primm & Gibson were young and vigorous men, who turned their attention 
principally to the land business. They are both now dead. William Campbell 
was Irish by birth, inheriting the social qualities of that fun-loving race. He 
was strong before a jury, having the natural eloquence of the Irish. He died 
some years ago. J. D. Bail was more of a poet than a lawyer, and in the pro- 
fession was scarcely known. 

Whatever may be said of the bar of Sangamon county, it cannot be said that 
it has ever deteriorated. It has always maintained a high standard of excellence. 
While it may be true that through political influence some of those of one dec- 
ade may have become more noted, yet as regards standing before the courts, 
it will be seen no comparison can be made that would detract from the good 
name of either. The fifth decade, embracing the years 1861 to 1871, shows a list 
of names alike creditable to the period and to the excellent standing of the 
Sangamon county bar. 

Some of the famiHar names of the previous decade have disappeared, of 
which it might be said that some bearing them have removed to other points, 
some have retired from active practice, while others still are now practicing 
before a higher court and before the bar of Almighty God. Among the new 
members of the bar of Sangamon county during this decade were William M. 
Springer, J. K. W. Bradley, W. P. Olden, A. N. J. Crook, James E. Downing, 
A. W. Hayes, Richmond Wolcott, L. H. Bradley, J. A. Chesnut, J. C. Crowley, 
William Fowler, James M. Mason, James \^'^ Patton, Lawrence Weldon, L. M. 
Phillips, George C. Marcy, William E. Shutt, A. Orendorflf. 

During the sixth decade the bar of Sangamon county was increased in 
number by the following named: D. T. Littler, J. A. Kennedy, L. F. Hamilton, 
James C. Robinson, A. L. Knapp, Bernard Stuve, Bluford Wilson, Loren Has- 
son, Robert Allen, Thomas C. Austin, John F. Barrow, S. D. Scholes, W. P. 
Emery, Charles H. Rice, Charles P. Harvey, Robert H. Hazlitt, Robert L. 
McGuire, John M. Palmer, John Mayo Palmer, Alonzo W. Wood, Charles W. 
Brown, Clinton L. Conkling, Enoch Harpole, W. L. Gross, E. D. Matheny, J. 
C. Lanphier, Henry H. Rogers, George A. Sanders, J. C. Snigg, Ezra W. White, 
Charles P. Kane, Henry Kane. 

Further record in regard to those mentioned in the foregoing list is as 
follows : J. K. W. Bradley died in Clark county ; W. P. Olden is retired from 
practice; L. H. Bradley removed to Omaha; J. A. Chesnut died in January, 
1898; William Fowler died several years ago; James C. Robinson died in 1886; 
Anthony L. Knapp is mentioned elsewhere ; Robert Allen is deceased ; John F. 
Barron is now a resident of Chicago, as is also John Mayo Palmer ; Charles H. 
Rice died at Brighton, Illinois ; Charles D. Harvey resides in California ; Robert 
H. Hazlitt lives in Kansas, as docs also Enoch Harpole; E. D. Matheny is now 
circuit clerk ; Ezra W. White died many years ago ; Henry Kane is a resident of 
Dallas, Texas. 

John T. Stuart was the senior member of the firm of Stuart, Edwards & 



1 88 THE BENCH AND BAR OF ILLINOIS. 

Brown. He was born November lo, 1807, in Fayette county, Kentucky. Dur- 
ing the earlier years of his life John T. Stuart remained with his parents upon 
a farm. While yet young he entered Centre College, at Danville, Kentucky, ind 
graduated in that institution when but nineteen years of age. Immediately upon 
graduating, Mr. Stuart entered the law office of Judge Breck, in Richmond, 
Kentucky, and for two years pursued his studies under that eminent barrister. 
Having heard much of the "beautiful country of the Sangamo," and having rela- 
tives living in that favored region, he determined to emigrate there. Starting on 
horseback, he first made his way to Frankfort, Kentucky, and by the supreme 
court of that state was licensed as an attorney and counselor at law. In ten days 
he arrived in Springfield, weary and worn. 

The attorneys Mr. Stuart found at the bar on his arrival, were James Adams, 
Thomas M. Xeale, James Strode, Thomas Moffett and Jonathan H. Pugh. 

Hon. Joseph Gillespie, now deceased, was asked to give his opinion of Mr. 
Stuart as an attorney. The following was his reply: 

''Colonel John T. Stuart may be emphatically denominated the Nestor of the 
bar of Spring^eld, Illinois, a body of men without superiors, if equals, in any state 
in the Union. We believe there is but one man now living in Illinois who ante- 
dates him as a practitioner, and that man is William Thomas, of Jacksonville. 
John T. Stuart is a native of Kentucky, from whence he emigrated to Illinois in 
1828, and located in the future capital. After the manner of the Kentucky school, 
he was thoroughly grounded in the history and elementary principles of the 
law, whereby he was enabled to elucidate and apply it to the cases which might 
arise on the circuit, with the aid of such authorities as one could carry in his head 
and saddle-bags. John T. Stuart is pre-eminently a man of reason, and if he be 
tried by the maxim, *By their works shall ye know them/ he will come out all 
right. He was the tutor of one of the greatest men who ever lived, Abraham 
Lincoln, who imbibed his precepts, principles and methods. An important part 
of Lincoln's great character was the work of John T, Stuart. The leading traits 
of the subject may be summed up in the attributes of sterling integrity, great 
forecast, and strong will. In the management of professional business, he seeks 
first to understand his ow^n side of the case, and next to penetrate the designs 
of his adversary, in which he never fails. He keeps his own batteries effectually 
masked, while those of the opposite side are closely scrutinized. He knows their 
caHbre and position completely. It was this quality which made him so em- 
inently successful as a politician. He was fastidiously sincere in all his pro- 
fessions and engagements. There was no trouble in discerning the attitude of 
John T. Stuart ; but in regard to his plans, either political or professional, he was 
perfectly inscrutable. Whatever you had a right to know he would communicate 
Vv'ith the greatest cheerfulness : but whatever he had a right to conceal, no man 
could find out. Stuart ahvays believed in the efficacy of labor, and worked his 
cases wtII. He was eminently conscientious with his clients, and never allowed 
them, if he could prevent it, to go to law for a profitable wrong or an unprofitable 
right. He has done more than any other man in the state to discourage frivolous 
litigation. He has always taken a great interest in assisting young men, aiding 



THE BENCH AND BAR' OF ILLINOIS, 189 

them by his counsel in the management of their cases, and inspiring them with 
confidence and laudable ambition. His veneration for the profession of the law 
is very great, and anything like unworthy conduct, tending to lower it in the esti- 
mation of honorable men, calls out his prompt and decided animadversion. It 
would, perhaps, be enough to establish the fame of John T. Stuart upon a solid 
and enduring basis, to say, as can be truthfully said of him, that throughout all 
those long years he practiced here he was the recognized peer of such men as 
Stephen T. Logan, Abraham Lincoln, Milton Hay, John M. Palmer, and a host 
of others whose lives will adorn the pages of our judicial history so long as talent 
and worth shall be appreciated." 

In politics Mr. Stuart was originally a Whig, of the old school. In 1832 he 
was elected a member of the legislature, and re-elected in 1834. In the house he 
made a useful member, ever at his post, and ever looking forward to advance the 
interests of his constituents. In those days the question of internal improve- 
ments was the leading issue before the people, and Mr. Stuart strongly advo- 
cated every measure that, in his opinion, would tend to develop the industries of 
the country. In 1836 Mr. Stuart was nominated by his party for representative 
in congress, and made the race against William L. May, of Springfield. In this 
race Mr. Stuart was beaten, as he really expected to be. In 1838, he was again 
nominated, in opposition to Stephen A. Douglas. In this campaign Mr. Stuart 
was successful, and therefore became a member of the twenty-fifth congress. In 
1840 he was again a candidate, and again elected. In congress, Mr. Stuart made 
no special effort to become prominent, being content to be recognized as one of 
the working members of that body, but that he was not without influence is illus- 
trated in the fact that he secured the passage of an appropriation for a harbor at 
Chicago, the first appropriation, it is thought, ever passed for that purpose. 

In 1842 Mr. Stuart declined a re-election to congress and again resumed the 
active practice of law; but in 1848, he was prevailed upon to accept the nomina- 
tion for state senator, in the district composed of the counties of Sangamon, 
Mason and Menard. He served the term of four years, for which he was elected, 
but from that time until 1862 he was virtually out of politics, though a firm sup- 
porter of Millard Fillmore, in 1856, and John Bell, in i860, for the presidency. 
During the dark days of the war it was always his earnest hope that President 
Lincoln would pursue a conservative course. He believed in subduing the re- 
bellion, and in a vigorous prosecution of the war, but desired nothing should be 
done by the Union authorities that would disarrange the existing order of things 
— the war must be carried on in a constitutional way ; that institution must be 
kept inviolate by all who had sworn to protect it. 

Mr. Stuart was triumphantly elected a member of congress in 1862, receiving 
the entire Democratic vote and that of hundreds of Republicans. In Sangamon 
county, where he was personally known by every voter, he ran far ahead of his 
ticket. In congress he endeavored to act faithfully to his convictions. The 
emancipation proclamation of President Lincoln he opposed, for the reason he 
believed it unnecessary, and the objects for which it was issued could more readily 
be attained in other ways. It is due to him to say that he later believed that "all 



I90 THE BENCH AND BAR OF ILLINOIS. 

was for the best." In 1864 Mr. Stuart received the Democratic nomination for 
congress, but was defeated by Shelby M. CuUom. From that time he ceased to 
take an active part in political life. 

Mr. Stuart always took an active part in all matters of public interest. No 
man in Sangamon county is entitled to more credit for the excellent railroad 
system of this county. He was one of the three commissioners for building 
the new state house. As chairman of the executive committee of the National 
Lincoln Monument Association, it devolved upon him to do more than any 
other one man in superintending the erection of that monument to the memory 
of his life-long friend, Abraham Lincoln. 

John T. Stuart and Mary V. Nash, a daughter of General Frank Nash, and 
niece of Judge Lockwood, were united in marriage at Jacksonville, Illinois, Oc- 
tober 25, 1837. Six children were born unto them. Mr. Stuart died November 
28, 1885. 

Benjamin S. Edwards, for more than forty years an honored member of the 
Sangamon county bar, was the youngest son of Hon. Ninian Edwards, the first 
governor of the territory of Illinois, afterward United States senator and gov- 
ernor of the state. He was born June 3, 1818, in Edwardsville, Illinois. He 
graduated at Yale College in 1838, studied law at the law school connected with 
that college, in 1839, completed his preparator\' studies for the profession with 
Hon. Stephen T. Logan, deceased, of Springfield, and began practicing in March, 
1840, with such competitors as Abraham Lincoln, Stephen A. Douglas, S. T. 
Logan, E. D. Baker, Jesse B. Thomas, Mr. McDougal, Mr. Lamborn, and other 
legal lights. In 1843 Mr. Edwards entered into partnership with Hon. John T. 
Stuart, in Springfield, and they were associated in practice for more than forty 
years. He studiously and zealously applied himself to the profession, paying 
little attention to politics. He was chosen a member of the constitutional con- 
vention in 1862, representing Sangamon county. He was nominated for con- 
gress on the Democratic ticket, in 1868, and greatly reduced the ordinary Repub- 
lican majority, though opposed to Governor Cullom in the contest. Mr. Ed- 
wards became a candidate for judge of the circuit court in 1869, was elected, and 
discharged the judicial duties with satisfaction to lawyers and litigants. When 
the circuit was enlarged, Judge Edwards retired from the bench, and afterward 
devoted himself entirely to legal labors. Judge Edwards honored the profes- 
sion and won an enviable reputation, both as a superior lawyer and a thorough 
gentleman. His death occurred several years ago. 

James C. Conkling was born in New York city, October 13, 1816. At the 
age of thirteen, he entered the academy at Morristown, New Jersey, and pre- 
pared for college. He entered Princeton and graduated in 1835. He then 
read law for three years. In the fall of 1838 he came to Spring^eld, was licensed 
by the supreme court of the state the following winter, and at once commenced 
the practice of law. Soon thereafter he formed a partnership with Cyrus Walker, 
who, though living at Macomb, practiced in the courts of Springfield. This 
arrangement continued for about two years, when he formed a partnership with 
General James Shields. 



THE BENCH AND BAR OF ILLINOIS, 191 

In 1845 ^^r. Conkling was elected mayor of Springfield and served one 
term. In 185 1 he was elected a member of the house of representatives of the 
legislature of the state, and again in 1866. His object in accepting the nomina- 
tion was for the purpose of securing an appropriation for the building of a new 
state house, and by that means forever to secure Springfield as the permanent 
seat of government of the state. At the session of the legislature in the winter 
of 1866-7 Mr. Conkling was made a member of the committee on public build- 
ings, and also chairman of the judiciary committee. As a member of the 
former he drew a bill for an appropriation, which after considerable delay was 
reported to the house. Here the fight raged furiously between friends and 
opponents of the measure. Several days were spent in discussion, and while one 
of the opponents of the measure, who had been selected to close the debate, was 
making his speech, Mr. Conkling learned the bill had no enacting clause, the 
engrossing clerk having left it off the bill as presented. Calling Isaac Keys, 
since deceased, Mr. Conkling proceeded to the office of the engrossing clerk and 
compelled him to restore the enacting clause, and supply words that had been 
omitted or changed from the original bill. Returning to the house with the 
true copy, it was given to the clerk and the vote taken. A majority of two 
votes was obtained for the bill. Mr. Conkling deserves great credit for bis efforts 
in this connection. He had to fight against great odds. Leading men in 
Springfield, who had been working for months to the same end, before the bill 
was put upon its passage, became discouraged and abkndoned the field. 

In 1863 Mr. Conkling was appointed, by Governor Yates, state agent to 
settle the claims against the general government for equipments furnished vol- 
unteers. The duty was performed to the satisfaction of the state. 

James C. Conkling and Mercy A. Levering were united in marriage Septem- 
ber 21, 1841, in Baltimore, Maryland. Five children were born to them. Mr. 
Conkling has been a man of great enterprise and business activity. He has 
used much of his wealth in building enterprises and for the encouragement of 
manufactures. He is a member of the Second Presbyterian church of Spring- 
field, and for many years has been a ruling elder in that body. 

James H. Matheny was bom in St. Clair county, Illinois, October 30, 181 8. 

In the spring of 1821 he was brought by his parents to Springfield, where he 

has since continued to reside. He now lays claim to be the oldest living resident 

of the city. Judge Matheny's life has been an active one. In 1839 he was 

appointed deputy clerk of the supreme court and served for a time. In 1841 

he entered the office of Baker & Bledsoe as a law student, and for two vears 

pursued his studies, being admitted to the bar in 1843. He "hung out his 

shing-le" in Springfield and soon secured a good practice, and thereafter never 

lacked for clients. As a jury lawyer he ranks high, and has been retained in many 

of the most prominent cases before the courts of Sangamon and adjoining 

counties. He is an effective speaker, his perceptive faculties are large, and he 

can quickly grasp a point or penetrate the aims of an adversary. 

In 1845 he was united in marriage with Maria L. Lee, and by her had seven 
children. 



192 THE BIIXCII AXD BAR OF ILLINOIS. 

Judge Matheny has held many important public positions, and has always 
discharged his trusts in a faithful manner. In addition to those already men- 
tioned, he was a member of the constitutional convention of 1848. and was 
elected clerk of the circuit court in 1852, and served one term of four years. 
During the war he was commissioned lieutenant colonel of the One Hundred 
and Thirtieth Illinois Infantry. After the capture of Vicksburg he was on de- 
tached duty, holding military courts until 1864, when his regiment was con- 
solidated with another, and he resigned. In November, 1873, ^^ ^'^^s elected 
judge of the county court of Sangamon county, and re-elected in 1877, without 
opposition. 

In the **good old days of the Whig party" Judge Matheny was an earnest 
defender of its principles, his first presidential vote being given for William 
Henry Harrison, in the campaign of 1840. On the dissolution of the Whig 
party, Judge Matheny acted for a short time with the American and Republican 
parties, but on account of the conservative tendency of his mind he finally 
drifted into the Democratic ranks. He is not a modem politician by any 
means, and never has antagonized the better element of opposing parties. 
When running for office, he invariably led his ticket, in consequence of per- 
sonal popularity. 

William H. Herndon was born in Greensburg, Kentucky, December 25, 
1818, and came to Illinois in 1820, and to Sangamon county in 1821, in company 
with his parents. The schools of Springfield he attended, as opportunity offered, 
until 1836, when he entered Illinois College, at Jacksonville, but only attended 
one year, being removed by his father in consequence of the abolition excitement 
then pending. The elder Herndon was inclined to be pro-slavery in his views, 
and did not care to have his son have aboHtion sentiments instilled in his mind 
by the professors in the Jacksonville institution. After his removal from the 
college, he clerked in a store for several years, and in 1842 entered the law 
office of Lincoln & Logan, where he read two years and was admitted to the 
bar in 1844. The partnership of Lincoln & Logan now being dissolved, Mr. 
Lincoln and Mr. Herndon became partners, a relation which w^as never formally 
dissolved, and which existed until the death of Mr. Lincoln, though other tem- 
porary arrangements were effected by Mr. Herndon after Mr. Lincoln entered 
upon the duties of the presidency. 

In the days of the old Whig party, Mr. Herndon was an advocate of its 
principles, and the "hard-cider campaign" of 1840 was the first in which he par- 
ticipated. He was always an opponent of slavery, and on the organization of the 
Republican party he became one of its strongest advocates. Mr. Herndon was 
never an office-seeker, and the public positions that he held came to him un- 
sought. He held the offices of city attorney, mayor of Springfield, bank com- 
missioner for the state, under Governors Bissell, Yates and Oglesby, besides 
other minor offices. 

. William H. Herndon and Mary J. Maxcy were married in Sangamon county, 
March 26, 1840. They had six children. Mrs. Herndon died August 18, i860. 



THE BENCH AND BAR OF H.LINOIS. 193 

and Mr. Herndon was married July 31, 186 1, to Anna Miles, by whom he had 
tvvo children. He died several years ago. 

Norman M. Broadwell was born in Morgan county, Illinois, in 1825. He 
received his chief literary education in his native county ; came to Springfield 
and commenced reading law with Abraham Lincoln and William H. Herndon, 
in 1851, and was admitted near the close of the same year. Upon being ad- 
mitted to the bar Mr. Broadwell at once entered upon practice, which he zealously 
and successfully prosecuted, with but slight interruptions, for a third of a cen- 
tury. He had several law partners during these years, among them such 
eminent attorneys as Governor S. M. CuUom, General John A. McClemand 
and Hon. William M. Springer. The first cause he ever tried in a court of 
record, Abraham Lincoln was opposed to him as counsel, and the last cause 
Mr. Lincoln ever tried in the Springfield courts Mr. Broadwell was his associate 
counsel. Judge Broadwell was an ardent devotee of his profession, and paid 
Wtile attention to politics. He was, however, elected to the state legislature 
in the fall of i860, from the Sangamon county district, on the Democratic ticket, 
being the only successful candidate of his party in the county that year. In 
1862 he was elected county judge, served three years, and was chosen mayor 
of Springfield in 1867, and re-elected in 1869. Judge Broadwell was united in 
marriage to Virginia lies, in Springfield, in 1856, and they had four daughters 
and one son. Judge Broadwell died several years since. 

John E. Rosette was a native of Delaware, Ohio, born in 1823. He was 
educated in that city, and read law there with Hon. Charles Sweetzer, an ex- 
member of the United States congress ; was admitted to the bar in Columbus, 
Ohio, in 1850, and located in practice in Findlay, Hancock county, Ohio. Dur- 
ing the several years of professional life in that place he was twice elected 
prosecuting attorney of the county. From thence he returned to Delaware; 
lived there nearly three years, and was appointed probate judge of the county. 
In 1855, upon the invitation of Abraham Lincoln, Mr. Rosette removed to 
Springfield, Illinois, and was an active and prominent member of Sangamon 
county bar for thirty years. He was originally a Democrat in politics, but after 
1856 was identified with the Republican party. 

Mr. Rosette was united in marriage with Miss Mary Taylor, in Findlay. 
Ohio. They had four daughters. Mr. Rosette died many years ago. 

Charles S. Zane is a native of New Jersey, born March 2, 1831. In April, 
1850, he came to Sangamon county, and in the autumn of 1852 he entered Mc- 
Kendree College and pursued a course of study for three years, passing the 
vacations in teaching, which he continued after leaving college, while reading 
law. Mr. Zane entered the law office of Hon. J. C. Conkling in 1856; com- 
pleted the course and was admitted to the bar in the spring of 1857, and opened 
an office. He was elected city attorney in the spring of 1858, and re-elected in 
i860 and 1865. In the spring of 1861 Mr. Zane formed a partnership with 
William H. Herndon, former law partner of Abraham Lincoln, and did a success- 
ful business until 1869, when the firm was dissolved and he associated himself 

with Hon. Shelby M. Cullom and George O. Marcy. This relation was con- 
is 



194 THE BENCH AND BAR OF ILLINOIS, 

tinned until Mr. Zane was elected circuit judge in 1873. He removed to Utah, 
where he has. been chief justice for many years. 

Judge Zane married Miss Margaret Maxcy in 1859, and they became the 
parents of eight children. 

General John Alexander McClernand is the only child of Dr. John and 
Fatima McClernand, and was born in Breckenridge county, Kentucky, in 1812. 
Four years later his father died, and young McClernand, being made of that 
stern stuff that overcomes difficulties and surmounts obstacles, had succeeded 
in placing himself in a respectable position and practice in the legal profession 
at the early age of twenty. Meantime, in 1830, he had moved with the family 
to Shawneetown. Illinois. In 1832, before attaining his majority, he volun- 
teered as a private in the Black Hawk war, and served honorably to its close. 

In 1835 General McClernand established the first Democratic journal ever 
published in Shawneetown; and the same year re-commenced the practice of 
law, w^hich continued with success until he was elected to United States con- 
gress in 1843. ^^ ^836 he was elected to the Illinois legislature, from Gallatin 
county. During this session he advocated that mode of constructing the Illinois 
and Michigan canal known as the "deep-cut" plan, which was finally adopted. 
General McClernand was chosen by the legislature as commissioner and treas- 
urer, which duties he so faithfully discharged that complimentary resolutions 
respecting his services were passed in a number of public meetings held at 
different points. In 1838 he was urged to become a nominee for lieutenant 
governor, but declined, because under the constitutional age — thirty years. 

In 1840 General McClernand was again returned to the legislature from 
Gallatin county; was re-elected in 1842; and as chairman of the committee 
on finance introduced several measures to alleviate the existing financial troubles 
of the state, which he attributed to the defective banking system. These meas- 
ures were all adopted. In 1843, while still a member of the legislature, he was 
chosen representative to the twenty-eighth congress. The first speech he made 
in that body was on the bill to refund the fine imposed upon General Jackson 
by Judge Hall. During the same session he dehvered a speech on the Rock 
Island controversy, which was extensively published. In the second session of 
the same congress, as a member of the committee on public lands, he brought 
forward a comprehensive report, accompanied with a bill for a grant of land 
to aid in the completion of the Illinois and Michigan canal. By an act of the 
legislature, the time for holding elections had been changed, and General Mc- 
Clernand was re-elected to congress in 1844. ^^ the first session of the twenty- 
ninth congress he prepared and introduced a bill to reduce and regulate the 
price of public lands. In the ensuing session, as chairman of the same com- 
mittee, he introduced a bill, which became a law, to bring into market the min- 
eral lands lying around Lake Superior. In 1848 General McClernand v^'as again 
elected to congress, but not without opposition. He drafted the bill granting 
a quantity of land in aid of the construction of the Illinois Central Railroad and 
its Chicago branch. His colleague, Senator Douglas, being furnished a copy, 
introduced it in the senate, and, with amendments, it passed both houses and 



THE BENCH AND BAR OF ILLINOIS. 195 

became a law. During the same session he, as chairman of the committee on 
foreign affairs, introduced a paper for the regulation of the state department. 
In 1851, declining re-election, he retired from congress, after a flattering career 
of eight years, and moved to Jacksonville, Illinois. The following year he was 
chosen presidential elector for the second time in his life, and supported Pierce 
and King. In 1856 he made a powerful speech at Alton, deprecating the repeal 
of the Missouri Compromise, and predicting danger to the country as a conse- 
quence. In 1856 he removed to Springfield, Illinois, where he bOon gained a 
prominent position as a lawyer in the state and federal courts. In 1859 ^^ was 
elected representative to congress, to fill the vacancy caused by the death of 
Major T. L. Harris. In i860 he introduced a bill repealing the law organizing 
the territory of Utah and merging that territory into others, this being his plan 
for overcoming the ascendancy of the Mormons, and the evils of polygamy. 

In 1843, after his first election to congress, and before taking his seat. Gen- 
eral McClernand married Miss Sarah, daughter of Colonel Dunlap, of Jackson- 
ville, Illinois. 

The eminent services of General McClernand during the war of the Rebellion 
are too well known to require recapitulation here. Venerable in years, he still 
maintains his home in Springfield. 

Christopher C. Brown, senior member of the law firm of Brown, Wheeler, 
Brown & Hay, was born in what is now a part of Menard county, IlHnois, on the 
2ist of October, 1834. He attended the Springfield schools and the Lutheran 
College at Hillsboro. He read law in Springfield, then attended the Transyl- 
vania Law School, in Lexington, Kentucky, was admitted to the bar in 1858, 
and in January, i860, commenced practice in Springfield. He has been an 
earnest worker in the Democratic party. Mr. Brown was united in marriage 
with Miss Bettie, daughter of Major J. T. Stuart, of Springfield, in October, 
1859, She died in March, 1869. Mr. Brown married Carrie, daughter of John 
E. Owsley, of Chicago, in 1872. 

Hon. Charles A. Keyes. — Springfield is fortunate in possessing as resident 
citizens quite a large percentage of the distinguished members of the bench 
and bar of central Illinois. Among those who may lay claim to being one 
of the native sons of this city is the subject of this notice, he having been born 
here December 4, 1831. His parents, James W. and Lydia (Spickerd) Keyes, 
were from the south, both being natives of Virginia. They removed to Illinois 
soon after their marriage, and in the private schools of this city Charles A. re- 
ceived his preliminary education. Subsequently, he entered Illinois College and 
was graduated there in 1854. 

Soon after completing his literary and scientific education Mr. Keyes took 
up the study of law under the supervision of Elliott B. Herndon, and was ad- 
mitted to the bar in 1856. For the following eight years he and Mr. Herndon 
were in partnership together, but the succeeding decade Mr. Keyes practiced 
alone. In 1867 he was appointed master in chancery, serving as such until 
1874. In the year last mentioned he and John A. McClernand associated them- 
selves in partnership, and for eleven years, or up to the time that the latter was 



190 THE BUNCH AND BAR OF ILLINOIS. 

appointed to serve on the Utah commission, they did business together. Since 
1885 Mr. Keyes has conducted his practice alone, and has succeeded in building 
up a large and remunerative clientage. 

In the autumn of 1862 our subject was elected to the lower house of the 
Illinois legislature, and served for two years as a member of that honorable 
body. Again, in the fall of 1884, he was elected to the general assembly and 
filled out his full term. During the years 1857 and 1858 he was the attorney 
of Springfield, and during the Lincoln-Douglas controversy he was chairman 
of the Democratic committee of this county. In 1876 he was one of the Tilden 
electors, and at all times since he became a voter he has been a zealous cham- 
pion of the Democratic principles and nominees. In May, 1869, Mr. Keyes 
married Miss Elizabeth Lauman, of Xenia, Ohio, and their family consists of a 
son and two daughters. 

Eugene L. Gross was bom December 25, 1836, in Starkville, Herkimer 
county, New York, and came to Illinois with his parents in 1844. He received 
an academical education, and subsequently read law in Knoxville, Illinois, and 
was admitted to the bar in 1857. In 1858 he came to Springfield and opened 
an office, and here practiced his profession until his death. As a lawyer, he was 
regarded by both the members of the bar and the public as one of more than 
ordinary ability. 

In 1865 he revised the city ordinances of the city of Springfield, by direc- 
tion of the common council. In 1868, in connection with his brother, Colonel 
William L. Gross, with whom he had formed a law partnership, he compiled and 
published the General Statutes of the state then in force. In January, 1868, they 
compiled and published a Digest of the Criminal Laws of the State. In 1869 a 
new edition of the General Statutes, including the laws of 1869, were published. 
During this year they also compiled and published an index to the private and 
special laws of Illinois. In 1872 they compiled and published the second volume 
of Gross' Statutes. 

Eugene L. Gross and Susan L. Zimmerman were united in marriage April 
17, i860. Four children were born to them. 

Mr. Gross was never an aspirant to public office, being contented to follow 
the profession he had selected for a life work. In politics he was always a thor- 
ough-going Republican, and an earnest advocate of the principles of that party. 
He died of consumption, June 4, 1874. 

Milton Hay was born in Fayette county, Kentucky, July 3, 181 7. His 
boyhood was passed in his native state, and there he acquired his rudimentar>^ 
education. In the fall of 1832 he removed with his father's family to Spring- 
field, and six years later, in 1838. he became a student in the law office of Stuart 
& Lincoln, composed of John T. Stuart and Abraham Lincoln, two of Illinois' 
most illustrious citizens. In 1840 he was admitted to the bar, and at once re- 
moved to Pittsfield, Pike county, where he engaged in the practice of his pro- 
fession. Hon. Edward D. Baker, afterward United States senator from Oregon, 
resided in Springfield, but, like other lawyers of his standing, traveled on circuit, 
visiting many county seats during term time, and he and Mr. Hay formed a co- 



THE BENCH AND BAR OF ILLINOIS. 197 

partnership in Pittsfield, Mr. Hay remaining at that point, and Mr. Baker at- 
tending at each term of court. Being young, industrious and full of ambition, 
Mr. Hay gradually built up an extensive practice, and ere long became recog- 
nized as a young man of more than ordinary attainments, and the peer of his 
brethren at the bar. 

At the outset of his legal career, the demands of his practice were naturally 
not extreme, and for a year or two he entered into the service of the press. 
During the first session of the legislature, after the removal of the capital to 
Springfield, he became a reporter for the Sangamo Journal, the leading Whig 
paper of that day, and reported the proceedings of the general assembly. As 
soon as the session of that body 'ended, he returned to Pittsfield and resumed 
his practice. After building up as large a practice as a small town like Pitts- 
field could furnish, he removed to Springfield, in 1858. At that time Stephen 
T. Logan was recognized as one of the first lawyers of Illinois. In quickness of 
perception and fertility of resource he was perhaps unequaled. A copartnership 
was formed between Judge Logan and Mr. Hay, from which the former with- 
drew in 1861, owing to advancing age. 

Mr. Hay then became associated with Hon. Shelby M. Cullom, now United 
States senator from Illinois, and the late Antrim Campbell. Mr. Campbell 
retired in a year or two, but Mr. Hay and Mr. Cullom continued in practice 
together until 1866, when Mr. Cullom w^ithdrew and Mr. Hay formed a new 
partnership with Hon. John M. Palmer. This connection continued until the 
election of General Palmer as governor of the state, in 1868, and during that 
year Mr. Hay became senior member of the firm of Hay, Greene & Littler. 
This partnership lasted until December 31, 1879, ^^ which date Mr. Hay re- 
tired from practice. 

In 1870, Mr. Hay, yielding to the solicitation of his friends and those high in 
the councils of the state, allowed himself to be named as a member of the con- 
stitutional convention held that year, and here he was a leading figure, by virtue 
of his excellent judgment and judicial acumen. Many of the wisest provisions 
of the constitution were shaped by him, as first minority member of the judiciary 
committee, and as chairman of the committee on revenue. He was elected a 
member of the second legislature after the adoption of the constitution, and 
being a man of affairs, one of those clear-headed, constructive and able men 
whose persistent industry, comprehensive grasp of details, and power to marshal 
them for practical results, he was invaluable in committee, where legislation is 
perfected, and all important measures are prepared. With an incisive clearness 
as a debater, with a cool judgment that did not allow his feelings to carry him 
away, wath a keenness of vision that led him to lay his plans well in advance, and 
with a persistency that kept at work until the point was reached, he made one of 
the strongest members of a body in which more is accomplished by personal in- 
fluence than by forensic display. 

During his legislative career he served as chairman of the revenue com- 
mittee, and was a member of the commission by whom the last revision of the 
statutes was made. In 1885 he was selected a member of the commission ap- 



198 THE BENCH AND BAR OF ILLINOIS, 

pointed to revise the revenue laws of the state, and acted as chairman of that 
body. The deliberations of this committee, however, were nullified by the fail- 
ure of the legislature to adopt the proposed law. 

From the time of his retirement from the practice of his profession until 
the close of his life, September 15, 1893, Mr. Hay lived quietly at his home, 
looking after and caring for his large property interests and enjoying a well 
earned rest after an active professional life extending over a period of forty 
years. 

Mr. Hay was twice married. His first wife was Catharine, daughter of 
James Forbes, of Pittsfield. She died in 1857. In 1861 he married Mary, 
eldest daughter of Judge Stephen T. Logan. Mrs. Hay died in 1874, leaving two 
children, Mrs. Stuart Brown and Logan Hay, both residents of Springfield, 
where the latter is engaged in the practice of law. 

Had any evidence been needed to show the high estimation in which Mr. 
Hay was held, it would have been supplied by the many expressions of grief 
and of respect with which the news of his death was received. The people, 
the press, the bar association, and the federal and state courts gave formal ex- 
pression to the feeling of general loss. A just tribute to his memory is the 
following estimate, published editorially in the Chicago Tribune: 

Milton Hay was one of those few men who, while acknowledged by all to be well 
qualified to occupy any oftice, care for none. Those positions which he did consent to 
fill were accepted by him from a sense of duty and not from love for oflftce. He became a 
member of the constitutional convention of 1870 because Sangamon county wished to send 
its best and strongest man there. And there was no member of that body who rendered 
more valuable service than he did. He was not one of the talkative members of the con- 
vention. His work was done in committee and not on the floor, and to his legal ability and 
ripe judgment arc due many of the most excellent features of the organic law of the 
state. He had lived in Illinois for nearly forty years. He knew thoroughly its people and 
their needs. He was familiar with the blunders, financial and otherwise, that Illinoisans 
liad committed in the constitution of 1849. He knew the defects of that constitution, for 
he had seen its bad workings for over twenty years, and he used all his energies success- 
fully to eliminate them. 

He went to the legislature from Sangamon county in 1874, for his services were 
there needed. When his term expired his public life ended, though he remained what 
he had been for years, the cautious and wise adviser of the Republican party, which w^ould 
have fared better on some occasions had it heeded his suggestions. For, while averse to 
office, he took a keen interest in politics, as was inevitable with a man whose active Uie 
began in 1840, and that interest he never lost. 

The caution, deliberation and well balanced judgment which made Mr. Hay so safe 
an adviser in political matters contributed to make him one of the very ablest le^al coun- 
selors in the state. He was a "sound" man, one whose conclusions regarding leg^al ques- 
tions were accepted almost without demur. He was not a splendidly oratorical law^'cr, 
like his first law partner, the brilliant Senator Baker. He could not have shone at the 
bar or in the senate, like the latter, but every word which he spoke had weight with judges 
and juries. He had studied law under Abraham Lincoln and John T. Stuart, and such 
schooling made good lawyers. Milton Hay would have made a great supreme judge. 

It would be well for Illinois if the state had more men of the same type as Milton 
Hay, who, while neglecting neither national, state, nor local politics, and not thinking it 



THE BENCH AND BAR OF H.LINOIS. 199 

beneath them to take active part in primaries and elections, are not eaten up by the itch 
for office and neglect and sacrifice all else to gain it. 

Hon. William M. Springer was born in Sullivan county, Indiana, May 
30, 1836. When twelve years old he moved with his parents to Jacksonville, 
Illinois. He entered Illinois College, but, owing to some difficulty with the 
faculty, was dismissed from the institution, and went thence to the State Uni- 
versity of Indiana. In 1858 Mr. Springer returned to Illinois, and after study- 
ing law nearly three years, in Lincoln, was admitted to the bar in i860. The 
same year he was a candidate on the Democratic ticket for representative in the 
state legislature, for the district composed of Logan and Mason counties, but was 
defeated by Colonel Robert B. Latham. In 1861 he settled in Springfield, and 
?oon formed a law partnership with Hon. N. M. Broadwell and General John 
A. McCIernand, the latter of whom retiring some years afterward, the firm con- 
tinued as Broadwell & Springer. Returning home in 1870, at the close of a two- 
years tour in Europe, Mr. Springer was elected to represent Sangamon county 
in the legislature. Several sessions were held and a complete revision of the 
statutes of Illinois was made while he served in that body. 

In 1874 Mr. Springer was elected representative to congress for the twelfth 
district, composed of the counties of Cass, Christian, Menard, Morgan, Sanga- 
mon and Scott, Sind re-elected in 1876, 1878 and 1880, being nominated the first 
time on the first ballot, and each subsequent time by acclamation. He is now 
the incumbent as tribal judge at Muscogee, Indian territory. 

Mr. Springer married the daughter of Rev. Calvin W. Ruter, of Indiana. 
They have but one child, William Ruter Springer. 

William E. Shutt was born in Waterford, Loudoun county, Virginia, May 5, 
1840. His parents, Jacob and Caroline (Leslie) Shutt, moved to the city of 
Spring^eld in November, 1842. They were natives of Loudoun county, Vir- 
ginia. Mr. Shutt was educated in the city schools, and read law with Judge 
James H. Matheny, and was admitted to the bar in 1862, commencing practice 
immediately. In 1864 he was elected city attorney on the Democratic ticket; 
was chosen mayor of the city in 1868, by the same party. In 1874 he was elected 
to the state senate, for four years; and was re-elected in 1878, his official term 
expiring in 1882. The law firm of Robinson, Knapp & Shutt was formed July 
I, 1869, composed of Hon. James C. Robinson, Anthony L. Knapp and Mr. 
Shutt; and existed until the death of Mr. Knapp, in May, 1881, after which 
Robinson & Shutt formed a partnership with J. M. and J. Mayo Palmer, under 
the firm name of Palmers, Robinson & Shutt. John Mayo Palmer withdrew 
from the firm and is now practicing in Chicago. 

Robert L. McGuire is a native of Missouri, and was born in 1833. He 
graduated at the Missouri University, at Columbia, in 1857. In 1861 he came 
to Springfield, read law, and was admitted to the bar in 1862. 

Isaac K. Bradley was born in Gallia county, Ohio. He attended school 
at Marsttall and at Lebanon, Illinois, completing the classical course in 1869; 
read law with Messrs. Bradley & Olden, in Springfield ; was admitted in May, 



200 THE BENCH AND BAR OF H^UNOIS, 

1870; began practice as a member of the law firm of Bradley, Olden & Bradley, 
in 1 87 1. He is now deceased. 

Richmond VVolcott was born in Morgan county, Illinois, January 10, 1840, 
was educated at Jacksonville, and graduated in Illinois College in 1859. In 1861 
he enlisted as a private in the Tenth Illinois Infantry; was promoted to first 
lieutenant and then captain. He served until September, 1864, when he re- 
signed and returned to Jacksonville, and resumed the study of law, which 
he commenced before he entered the army. In June, 1865, he was admitted 
to practice, and at once located in Springfield and actively engaged in the prac- 
tice of his profession. In pofitics Mr. Wolcott is a Republican. 

Thomas C. Mather, of Scholes & Mather, has been practicing law in Spring- 
field since the spring of 1865, and has been a member of the present firm since 
1871. He first read law with Hay, Culloni & Campbell, and then attended the 
law department of Michigan State University, where he completed the course 
of studies in the spring of 1864. He then entered the office of a law firm in 
Chicago, where he remained until the spring of 1865, when he was admitted to 
practice in the courts of this state, and at cnce returned to Springfield. 

Clinton L. Conkling was born in Springfield, October 16, 1843. ^^ ^^'^^ 
educated in Yale College, graduating in 1864. He studied law in the office of 
his father, Hon. James C. Conkling, of Springfield, and was licensed to practice 
in the courts of Illinois November 23, 1866, and the United States in January, 
1867. After practicing a few years he turned his attention to the manufacturing 
business, but in 1877 resumed the duties of his profession, to which he now gives 
his whole time, devoting special attention to chancery and real-estate law, and 
to the settlement of estates. For some years Mr. Conkling was secretary of 
the Lincoln Monument Association, and has been an active member of the 
fraternity of Odd Felloavs in central Illinois, besides being identified with other 
and similar benevolent societies. He has also been a member of the board of 
supervisors of the county two terms. In his real-estate practice he represents 
large land interests in this and other states. In 1867 Mr. Conkling married Miss 
Georgie Barrell. 

Lloyd F. Hamilton, who has been engaged in active practice at the bar of 
Springfield since 1866, was born in Meade county, Kentucky, April 25, 1844, ^^^ 
is a son of Felix and Jane E. (Wathen) Hamilton, who also were natives of the 
same state. The father died when Lloyd was only six months old, and the 
mother afterward removed to Tazewell county, Illinois, where he resided until 
coming to Springfield, in August, 1866. He acquired his elementary education 
in the common schools, was for two years and one additional term a student in 
Eureka College, and then entered the law department of Michigan University, 
at Ann Arbor, where he spent six months. He was graduated in the Union 
College of Law, Chicago, in July, 1866, and in April of the same year was admit- 
ted to the bar. 

On his removal to Springfield Mr. Hamilton formed a partnership \w\\h 
Peran England, with whom he was associated one year, and then practiced in 
connection with Thomas G. Prickett three or four years. He was afterward alone 



THE BENCH AND BAR OF ILLINOIS, 201 

in business for a time, but later entered into partnership relations with Charles L. 
Rice, the firm of Hamilton & Rice practicing successfully for seven years. On 
the expiration of that period he became a partner of R. L. McGuire, with whom 
he practiced for three years, and in 1882 he became associated with James W. 
Patton, which connection is still continued, the firm ranking among the most 
popular and proficient law firms in Springfield. Mr. Hamilton has served as city 
attorney for two terms, was state's attorney from 1872 until 1876, and was state 
senator from 1883 until 1887. His political support was given the Democratic 
party until the adoption of the Chicago platform of 1896. He was married in 
May, 1886, to Miss Lucy Fletcher. 

James W. Patton was bom February 15, 1840, near Auburn, Sangamon 
county, Illinois. When but eight years old his father died, leaving his mother 
with three children. 

In i860 he entered the law firm of Messrs. Hay & Cullom, of Springfield, 
with whom he studied until admitted to the bar. At the presidential election of 
1864 he was elected to the legislature. In April, 1866, he located in Springfield, 
and commenced the practice of his profession. December 9, 1869, he married 
Francine E. Lanphier, of Springfield. 

Samuel' D. Scholes was bom in Peoria county, Illinois, in 1841. He was 
educated in Antioch College, Ohio, and began reading law with Johnson & Hop- 
kins, of Peoria. He served eflFectively in the war of the Rebellion, at the close of 
which he returned to his law books, and in January, 1866, was admitted to the 
bar, and commenced practice in Springfield. In 1875 he received the appoint- 
ment of master in chancery. Politically Mr. Scholes is a Republican. 

Alfred Orendorflf was born in Logan county, Illinois, July 29, 1845. ^^ 
enjoyed the common schools, and subsequently attended the Wesleyan Uni- 
versity, and later the military school at Fulton, Illinois. In the spring of 1866 
he graduated in the Albany Law School, and spent the succeeding winter 
in Texas. Returning to Springfield in the autumn of 1867, he engaged in the 
practice of law in the office of Herndon & Zane; and upon the retirement of 
Judge Zane from the firm the law partnership of Herndon & OrendorflF was 
formed, and continued for a number of years. June 22, 1870, Mr. Orendorff was 
united in marriage with Miss Julia Williams, of Springfield. In 1872 Mr. Oren- 
dorflf was a delegate to the national Democratic convention, and supported Hon. 
Lyman Trumbull for the presidency. In 1873 ^^ ^^s chosen by the Liberals 
as candidate for representative to the general assembly of Illinois. The choice 
being- ratified by the Democrats, he was elected, and was made a member of the 
judiciary committee in that body, and took an active part in framing the revised 
statutes made necessary by the adoption of the new constitution. 

Henry S. Greene was born in Ireland in 1833. At six years of age he 
crossed the Atlantic, and grew to manhood on the shore of Lake Ontario, in 
the Dominion of Canada. In 1857 he came to Illinois, read law in the office 
of Lawrence Weldon, at Clinton, and was admitted to the bar in January, i860. 
Having" previously arranged to become a law partner with Hon. C. H. Moore, 
of Clinton, Mr. Greene entered into and remained in that relation six years. In 



202 riili BE\Xll AS'D BAR OF ILLINOIS. 

i860 Mr. Greene associated himself with Mr. D, T. Littler in the practice of 
law. and upon the dissolution of the firm of Hay & Palmer by the election of the 
latter to be governor. Hon. Milton Hay became a partner, the firm title changing 
to Hay, Greene & Littler. This partnership ceased by dissolution January i, 
1881. For a number of years this firm had charge of the legal business of the 
Wabash Railway Company in this part of the state. 

During the last two years of its existence he was retained as counsel for 
the American Union Telegraph Company in its extensive litigation with the 
Western Union Company, previous to their consolidation. In view of the great 



THE BENCH AND BAR OF ILLINOIS. 203 

Robinson died in 1886. He was recognized as an excellent jury lawyer, and 
as a stump speaker had few equals. 

James A. Kennedy was born in Pennsylvania in 1833. Soon after his 
father's death the family moved to St. Louis, Missouri, and he was there reared 
and educated, completing a course in the St. Louis University in 1852. He read 
law and was admitted to practice in 1859. He moved to Sangamon county in 
1870, and taught the first year as assistant in the city high school, at the close 
of which he opened a law office ; was elected city attorney on the Democratic 
ticket in 1874; the following year was chosen justice of the peace, was re-elected 
in 1877, and served till May, 1881. Upon retiring he resumed the practice of 
law. In 1858 he married Miss Clara Vanderburgt. 

Charles Philo Kane has for twenty-seven years practiced his profession in 
the capital city, with marked success. Here he has spent his entire life, his 
birth occurring on the 25th of December, 1850. His parents were Andrew J. 
and Caroline M. (Beers) Kane. For fifty years the father engaged in preaching 
in central Illinois, as a member of the Christian church, and after a long and use- 
ful life passed aw-ay November 14, 1896. He was a native of North Carolina, 
and his wife was born in Sangamon county, Illinois. Her parents, Philo and 
Martha Beers, were the first white couple married within the present limits of 
Sangamon county, the date being November 2, 1820. On both sides Mr. Kane 
is descended from Revolutionary ancestry. His great-grandfather, Zachariah 
Beers, enlisted three times in Connecticut commands during the war for inde- 
pendence, the first time when only sixteen years of age. The boy soldier attained 
the rank of orderly sergeant. He afterw^ard became the leading poet of his time 
in the Connecticut valley and w-as the author of a number of patriotic songs which 
were popular during the presidency of Thomas Jefferson. Zachariah Beers 
was a lineal descendant of Captain Richard Beers, a selectman of Watertown, 
Massachusetts, who was killed near Northfield> in King Philip's war (Cothren's 
History of Ancient Woodbury, Connecticut). The grandfather, Philo Beers, 
was a member of the New York militia at the time of the war of 1812, and took 
part in the movement to defend Fort Ticonderoga, then threatened by the 
British, and was a member of the Illinois general assembly during the time 
Vandalia was the capital of the state. 

Charles P. Kane, having spent his fentire life in Springfield, was 
educated in its public schools, and on the completion of the classical course 
in the high school was graduated in 1868. He entered upon the study of law 
with Messrs. Hay, Greene & Littler, one of the most distinguished law firms 
of central Illinois. The senior member of the firm, Milton Hay, was a member 
of the constitutional convention of 1870, and David T. Littler is the present 
state senator from Sangamon county. For four years Mr. Kane pursued a 
thorough course of reading under the guidance of those gentlemen, and in 1871 
was admitted to the bar, after which he at once began practice in Springfield, 
where he has since maintained his residence and office. He was three times 
elected city attorney at the annual municipal election, filling that office from 
1877 until 1880. In 1894 he was elected county judge and filled that office 



204 THE BENCH AND BAR OF ILLINOIS, 

with marked ability. He has a mind of judicial cast, analytical, logical and un- 
biased, and these qualities insure faithfulness to the trust reposed in him. 

Other public offices he has filled at the will of the people, and in such in- 
cumbencies has labored earnestly and effectively for the interests of his con- 
stituents. The cause of education in Springfield was advanced during his five 
years' service on the school board, his progressive spirit supporting all improved 
and practical methods of mental culture and discipline. He has always been 
a stanch Republican since casting his first presidential vote, for General Grant, 
in 1872, and in 1892 was the Republican candidate for congress in the old thir- 
teenth congressional district, making a thorough canvass in all the counties of 
Sangamon, Christian, Morgan. Menard, Mason and Tazewell. The district, 
however, has a Democratic majority of over five thousand, and he was defeated 
by William M. Springer, who represented the thirteenth district for twenty con- 
secutive vears. 

On the 2d of November, i88r, Mr. Kane was united in marriage, in Spring- 
field, to Miss Flora Britton, a native of Logan county, Illinois, and they have 
three children, Caroline M., Flora Elizabeth and Philo Beers. Mr. Kane is a 
member of the Christian church. He belongs to the Chicago Society of the Sons 
of the American Revolution, and is very prominent in civic societies. He is a 
Mason, an Odd Fellow and a member of the Order of Red Men, also a charter 
member of Percival Lodge, No. 262, Knights of Pythias. He was master of 
St. Paul's Lodge, A. F. & A. M., in 1880; eminent commander of Elwood Com- 
mandery, No. 6, K. T., in 1885 and 1886; first chancellor commander of Percival 
Lodge, No. 262, K. P. ; sachem of Inini Council of Red Men in 1897; and grand 
generalissimo of the grand commandery of Knight Templars of Illinois in 1898. 
Judge Kane finds his chief pleasure and recreation in books and travel, which are 
the two main sources of knowledge and culture, neither complete without the 
other. He has traversed the American continent from Boston to Vancouver's 
island and visited many of the chief cities of the Union and various points of 
interest. He is a polished, genial gentleman, who, in the community in which he 
has always made his home, commands the highest respect and regard of many 
friends. 

John C. Lanphier, second son of Hon. Charles H. Lanphier, was bom 
October 19, 1850, in Springfield; graduate of Springfield high school in 1866. 
Studied law with Robinson, Knapp & Shutt and with Morrison & Patton. Ad- 
mitted to the bar July 4, 1871. Practiced in Chicago three years, then returned 
to Springfield and went into partnership with James W. Patton in January, 
J875. Married April 11, 1877, to Miss Susie C. Young, at St. Louis, Missouri. 

John C. Snigg was born in New Hampshire in November, 1849; came to 
Springfield, Illinois, in the fall of 1856. He began reading law in 1871, in the office 
of Robinson, Knapp & Shutt. and carried newspapers meantime to defray current 
expenses. Passed his first examination in Michigan, in 1873, ^"^ received 
license to practice law; passed another examination before the supreme court 
of Illinois in June of the same year, and commenced practice in Springfield. He 
was elected city attorney in 1875, and re-elected in 1876 and 1877. During the 



THE BENCH AND BAR OF ILLINOIS. 205 

last term he revised the city ordinances, after thirteen years without revision. 
In the fall of 1878, Mr. Snigg was elected representative to the legislature on the 
Democratic ticket, for its thirty-first session. 

Robert H. Hazlitt was born in Christian county, Illinois. He had the 
educational advantages of the Springfield schools and two years' attendance 
at the State Industrial University, at Champaign, Illinois. He read law in 
Springfield, and was admitted to the bar March 6, 1873. He served as deputy 
clerk in the office of the supreme court for a time and in May, 1874, he formed 
a law partnership with Charles P. Kane, and opened an office for practice. In 
1876 Mr. Hazlitt was elected state's" attorney for Sangamon county, and re- 
elected in 1880. He now resides in Kansas. 

William L. Gross was bom in Fairfield, New York, on the 21st of February, 
1839. The family came to Illinois in 1844, and first settled in Canton, Fulton 
county, and afterward, in 1848, moved upon a farm in Knox county. 

At the age of seventeen years, William L. Gross engaged in teaching, and 
while so employed he prosecuted his law studies. He was admitted to the bar in 
Springfield on June 27, 1862, and at once entered into practice in that city in 
copartnership with his brother, Eugene L. Gross. In August, 1862, Mr. Gross 
entered the service of the government, and in September, 1863, was appointed 
superintendent of military telegraphs in the department of the Ohio. Im- 
mediately following this appointment he was appointed* by President Lincoln 
a captain and assistant quartermaster of volunteers, and was assigned to duty in 
the department of the Ohio, as military superintendent of telegraphs. In the 
discharge of this duty he was engaged till Johnston's surrender, when he was 
transferred to the department of the Gulf, and took control of military tele- 
graphs in that entire department. He was twice brevetted, once as major and 
afterward as lieutenant colonel, and was honorably discharged in August, 
1866. 

From that time he was engaged in the civil telegraphic service till Febru- 
ary, 1868, when he returned to Springfield and, resuming his business relations 
with his brother, E. L. Gross, became an active member of the law and law pub- 
lishing firm of E. L. & W. L. Gross, so well known throughout this state. In 
1868 the firm issued the first volume of Gross' Statutes of Illinois, a work ac- 
cepted by the courts and bar as authority, and specially legalized by an act of the 
legislature. The following year a second edition was issued, including the laws 
of 1869 ; and the firm also issued an index to all the laws of Illinois, a work of 
great research, minute detail and merit. In 1872 the second volume of Gross' 
Statutes appeared, and the following year the firm was dissolved, by the retire- 
ment of the elder brother on account of ill health. The publications of the firm 
were continued by the subject of this sketch, and in 1874 appeared the third 
volume of Gross' Statutes. Of these publications it is not too much to say 
that they were acceptable alike to the courts, the bar and the people, and will 
long remain models of their kind. 

Mr. Gross was elected representative from Sangamon county to the thirty- 
first general assembly, upon the RepubUcan ticket, and served during that ses- 



% 




2o6 THE BENCH AND BAR OF ILLINOIS. 

sion. In 1864 Mr. Gross was married to Miss Aithea Livingstone, of Pough- 

keepsie, New York. 

An autobiography of Hon. John M. Palmer, contributed at our request, ap- 
pears elsewhere in this work and serves to show his identification with the 
Sangamon county bar. — The Publishers. 

George W. Murray was born at Covington. Ohio, July 7, 1839. He was 
educated in Dayton and taught school four years before beginning the pursuit of 
law. He read law in the oflfice of General Moses B. Walker, in Dayton, Ohio, 
and was admitted in June, 1861, and commenced practice in that city. In 1874 
Mr. Murray moved to Springfield, Illinois, and has since been an active member 
of the Sangamon county bar. In October, i860, he married Miss Emma Neis- 
bert, of Dayton, Ohio. 

Robert \V. Maxwell was born in Springfield, December 13, 1845. He read 
law and graduated in the law department of Michigan University, in March, 
1874. In June following he was licensed to practice in the courts of Illinois. In 
1875 he went to Decatur and remained over three years in the practice of his pro- 
fession. Returning to Springfield, he opened an office, and in June, 1879, formed 
a partnership with Judge Robertson. 

George A. Sanders was born in Berkshire county, Massachusetts. July 4* 
1836; graduated at Witliams College in 1861 ; came to IlHnois; read law in 
Bloomington, and was admitted to the bar in 1864. He practiced his profession 
five vears in Centralia, Illinois. In 1868 he was chosen one of the electors for 
General Grant for the presidency. In the winter of 1869-70 Mr. Sanders became 
assistant state treasurer, which position he filled six years, and then resumed the 
active law practice, in Springfield. Mr. Sanders is a Republican. 

James H. Matheny, Jr., was born in Springfield in 1856, and is the third son 
of James H. Matheny. He was educated in the city ; read law from 1874 to 1876, 
and was then admitted to the bar. In 1877 he opened an office in Springfield, 
and has since devoted himself closely to his profession. 

Henry A. Stevens was born in Shefford county, Dominion of Canada, July 
17, 1847. He 'was educated in Canada and Vermont. He came to the United 
States in 1865, to Logansport, Indiana, in 1868, and to Spring^eld in 1869. The 
next four years he spent in teaching school and reading law. From 1873 ^^^^ ^^77 
he practiced law in Monona county, Iowa, and since that time has been an active 
member of the Springfield bar. He married Miss Laura Southwick, in Spring- 
field, in 1873. 

James E. Dowling was born in Pine Grove, Pennsylvania, in April, 1844. 
When James w^as thirteen years old, the family moved to Freeport, Illinois, where 
he w-as chiefly educated. After reading law in Freeport, two years, he attended 
the Albany Law School, New York, where he w^as graduated May 20, 1864. He 
located in practice in Petersburg, Illinois, was chosen secretary of the state 
senate for the session of 1865-6, at the close of which he moved to Athens. Men- 
ard county, and there practiced law eleven years. In 1877 he removed to Spring- 
field, where he has been active in the profession since. In politics Mr. Dowling 



^ 



THE BENCH AND BAR OF H^LINOIS, 207 

is Republican. He married Miss Savilia Davis, of Menard county, in October, 

1865. 

James A. Creighton was born in White county, Illinois. He was graduated 
from Southern Illinois College, at Salem, in June, 1868; read law with C. A. 
Beecher, in Fairfield, Illinois, and was admitted to the bar in March, 1870. 
After practicing law in Fairfield until April, 1877, he located in Springfield, form- 
ing a co-partnership with Mr. A. Orendorff. The firm continued until Mr. 
Creighton was made circuit judge, to which office he has been elected twice since. 

George A. Wood was born in January, 1858, in Springfield. Having com- 
pleted a course in the city schools, he attended the law department of Michigan 
State University, where he graduated in 1877, and was admitted to practice in that 
state the same year. He was admitted to the bar of Illinois in 1878, and at once 
opened a law office in Springfield, where he has since been actively engaged in his 
profession. 

Thomas SterHng was bom in Lancaster, Ohio, February 21, 1851. He was 
graduated in Wesleyan University, in Bloomington, Illinois, in June, 1875. He 
came to Springfield, June i, 1877, 21"^ entered the law office of Hay, Greene & 
Littler; was admitted June 11, 1878, and commenced practice of his profession. 
In April, 1881, Mr. Sterling was elected city attorney on the Republican and 
Citizens' tickets. He married Miss Anna Dunn, of Bement, Illinois, in October, 

1877. 

Joseph M. Grout was born near Mechanicsburg, Sangamon county, in 1855. 
Joseph M. Grout, Sr., was one of the pioneer Presbyterian clergymen in Sanga- 
mon county, and died of the cholera in 1855, before the subject of this sketch 
was born, and his mother died when he was but ten weeks old. He was taken by 
an uncle to Massachusetts, where the first eight years of his life were passed. 
Returning to Illinois, he was graduated from Illinois College, in Jacksonville, 
in the class of 1876; came immediately to Springfield and commenced the study 
of law in the office of Hay, Greene & Littler ; was admitted to the bar in 1878. 
and in the fall of that year entered into co-partnership with Thomas Sterling. 
Mr. Grout is Republican in politics. He was united in matrimony with Miss 
Flora Grubb, of Springfield, in 1879. 

William H. Colby.— Almost from the organization of the state, the Illinois 
bar has taken rank among the most able of the land. Hardly a town of any 
importance does not boast of at least one lawyer capable of crossing swords in 
forensic combat with distinguished lawyers of other commonwealths, and the 
capital city has her share of these eminent followers of the legal profession. 
Among this number is William Henry Colby, who was born in Orange county* 
New York, September 14, 1849, but for many years has been a resident of Spring- 
field. His parents, James S. and Anna (Abbott) Colby, were natives of the 
Empire state, and have long since passed away, the father's death having oc- 
curred in 1858, while the mother was called to the home beyond in 1863. 

Thus William H. Colby was early left an orphan, dependent upon his own 
resources. He came to Springfield in the year of his mother's death, and 
throughout his business career "onward and upward" seems to have been ^he 



2o8 THE BENCH AND BAR OF ILLINOIS, 

motto of his life. Unflagging industry and resolute determination have ever been 
numbered among his salient characteristics and have led to his success. So 
desirous of obtaining an education was he that for nine years he worked upon a 
farm through the summer months in order to gain sufficient money to enable him 
to pursue his studies in school through the winter season. Within this period 
of his life he became imbued with a desire to enter the leg^l profession, and bor- 
rowing law books from his friends in the city he pored over them late into the 
night, and gained considerable knowledge of the fundamental principles of juris- 
prudence. In 1876 he entered upon a regular course of law study, and though 
he was not admitted to the bar until January 2, 1878, he practiced in the justice 
courts in Edinburg, Illinois, and in this unique way, to the surprise of his 
friends and the public in general, managed to acquire a fair livelihood. 

In 1879 Mr. Colby formed a partnership with William F. Herndon, which 
continued for a year. In 1882 he was elected city attorney, serving in that ca- 
pacity for one term, and in 1884 he formed a partnership with Hon. Robert L. 
McGuire, a distinguished member of the Springfield bar, with whom he was 
associated in practice until 1889, when he was appointed master in chancery by 
the circuit court. In that capacity he served most acceptably and faithfully for 
three terms, when, in 1895, he retired and formed a partnership with J. C. 
Lanphier, which still continues. As city attorney he drew the ordinances and 
contracts for the first paving laid in Springfield. In the famous Mingle murder 
case he was assig^ned by the court as counsel for the defense, and his earnest 
work and ardent, picas in behalf of his client will ever form a part of the history 
of the bar at which he practices. His practice, however, is usually in the line 
of commercial law, and his ability to untangle the intricate problems of civil law 
gives him precedence of many members of the Springfield bar. 

In politics Mr. C olby is a Democrat, fearlessly advocating his political views, 
and laborini^ for the interests of his party in every campaign. He began his 
canipaij2:n work (lurin|T^ the candidacy of General W. S. Hancock, in 1880, and has 
>incc hccii most active, conducting the canvass in all parts of Illinois and win- 
ning many adherents to the cause by his intelligent, logical, earnest and enter- 
taining utterances. 

In 1S74, two years before he began preparation for the bar, Mr. Colby mar- 
ried Miss Henrietta Cantrill, of Sangamon. Both are members of the Presby- 
terian church, and Mr. Colby is an exemplary representative of the Masonic 
fraternity. Such in brief is the history of William Plenry Colby, whose career 
is alike creditable to himself and the bar of which he is a representative. By 
a continuous devotion to the highest demands of his profession, by an ability 
equal to the most severe requirements and by an integrity that has never been 
deflected from the true line of duty, he has won his way to the front rank of 
Springfield's bar. With some men the law is a trade, but with Mr. Colby it 
has been a science. Endowed by nature with a sound judgment and an accurate, 
discriminating mind, he has not feared the laborious attention necessary to 
equip himself for the various cases that have been entrusted to his care," and at 
the same time he has ever been guided by a sense of moral right that would never 



THE BENCH AND BAR OE ILLINOIS. 209 

tolerate the employment of those means which would not bear the most rigid 
examination and the closest scrutiny. Popular passion has never swayed his 
judgment ; neither personal ambition nor the applause of the hour have ever 
swerved him from the path of duty, and he has guarded his clients' interests as 
zealously as his own. 

William F. Herndon was born in DeWitt county, Illinois, in 1848; was edu- 
cated chiefly in Springfield ; taught school about ten years ; read law in the office 
of Cullom, Scholes & Mather in 1875 and 1876; was admitted to the bar in 
January, 1878, and has been in practice in Springfield. In September, 1871, he 
married Mary H. Bryant, of Sangamon county. 

Henry B. Kane was born in Springfield, January 17, 1855. He read law, 
and in January, 1878, was admitted to the bar. He was elected justice of the 
peace in 1881. He now resides at Dallas, Texas. 

Frank H. Jones was born in Pike county, Illinois, in 1854. He entered 
Yale College in 1871 and graduated in the class of 1875. Returning to Pike 
county, he read law one year in Pittsfield, then spent a year in the law department 
of Columbia College, and a year in the Chicago Law School. He was admitted 
to the bar in the spring of 1878, and immediately opened an office in Pittsfield, 
where he remained one year, and then came to Springfield. 

John A. Chesnut was born in Kentucky, in January, 181 6. He was prin- 
cipally educated in the common schools of Kentucky ; read law in the office of 
P. H. Winchester, Carlinville, Illinois, and was admitted in December, 1837, to 
practice in the Illinois supreme court, and in 1841 to the United States courts. 
He practiced in Carlinville from 1837 till 1855, Governor John M. Palmer being 
his chief competitor. He then abandoned the law, and engaged in the real-estate 
and banking business in that place, which proved so successful that he retired in 
a few years with a comfortable competence, and came to Springfield. In 1867 he 
was made cashier of the Springfield Savings Bank, holding the position till May, 
1872. After spending a year in the office of Stuart, Edwards & Brown, he 
opened a law office and resumed practice in 1879. In the spring of 1881 he 
was elected justice of the peace. From 1838 to 1850 he filled the office of county 
clerk in Macoupin county ; was three times nominated on the old Whig ticket 
for the legislature, but the party being in the minority, failed to elect their can- 
didate. He declined the nomination for congress in i860. Mr. Chesnut was 
twice married, first to Sarah A. Blair, of Greene county, who died; and in 1854 
he married Kate N. Corbett, of Jersey county. Mr. Chesnut died early in Jan- 
uary, 1898. 

Thomas J. Thompson was born in Philadelphia in 1853. During his child- 
hood his parents moved to Dayton, Ohio, where he attended the public school, 
after which he took a course in Williams College, Massachusetts, graduating in 
the class of 1874. He read law in the office of Samuel A. Brown, of Spring- 
field, Ohio. He came to Springfield, Illinois, in December, 1878, and was ad- 
mitted to the bar in the spring of 1879. He was elected justice in the spring of 
1881. ;Mr. Thompson served as secretary of the Democratic state central com- 
mittee during- the political campaign of 1880. 

14 



210 THE BEh'CH AND BAR OF ILLINOIS. 

Winfield S. Collins was born in Chatnpai^ county, Ohio, March 30, 1848. 
In 1855 his parents moved to Johnson county, Iowa, where he labored on the 
farm till twenty-one years of age. then set about earning means with which to 
obtain a more complete education. He took a course in Iowa Agricultural Col- 
lege, from which he was graduated in civil engineering in 1876. In the springof 
1877 Mr. Collins came to Springfield, read law with Robert L. McGuire and was 
admitted to practice in May, 1879. He immediately opened an office in the city, 
and began the business of his profession. 

William A. Vincent is a native of West Virginia, and came to Sangamon 
connty in i8<)8. He received a literary education in the Ohio Wesleyan Univer- 
sity, and graduated from the law department of Columbia College, in May, 1879. 
Returning to Springfield the same month, he passed an examination before tlie 
supreme court of this state, and at once commenced the practice of his profession 
in Springfield. 

Larue Vredenbnrgh was born in Springfield in 1855. graduated from Rut- 
gers College, New Jersey, in 1877; read law in Chicago, and was admitted to 
the bar in the fall of 1879, and entered active practice in Springfield. 

Alexander H. Robertson is a native of Kentucky and a graduate in both the 
literary and law departments of Transylvania University, in that state. His 
father was George Robertson, for many years chief justice of the supreme court 
of Kentucky, and professor in the law department of Transylvania University, 
and acknowledged as one of the ablest lawyers of his time in that state. In 1853 
Alexander H. Robertson came to Illinois and located in Jacksonville, in the 
practice of his profession. Subsequently he returned to Kentucky, where he re- 
mained until 1862, during that time serving as judge of the court of common 
pleas, of Lexington, to which office he was elected shortly after his return. Com- 
ing back to Illinois, he remained for a time and again returned to Kentucky to 
look alter his interests in that state. In 1879 he came to Springfield, and at once 
became an active member of the SanEramon countv bar. Tudce Robertson, dur- 



THE BENCH AND BAR OF ILLINOIS, 213 

ing the office of judge of the circuit court, he was elected without opposition to 
succeed him on the bench. He held that position for two years, but not finding 
its duties congenial, he refused to become a candidate for re-election, and once 
more returned to the practice of his profession. In the same year he was 
elected a member of the constitutional convention, which met in Springfield in 
January, 1862, and became one of its leaders, serving on the judiciary committee 
and as chairman on the bill of rights committee. This convention numbered 
among its members many prominent men, including Purple, Manning, Thornton, 
Edwards, Duff, Omelveny, Wentworth and the present chief justice of the United 
States supreme court, Melville W. Fuller. It may here be noted that in 1870 
Judge jMlen was a member of the convention that drafted the present admirable 
constitution of Illinois, and took a leading part in the deliberations of that body. 
He was again on the judiciary committee, and again chairman of the bill of 
rights, reporting the article giving compensation for property damaged as well 
as for property taken. 

Judge Allen has ever been an ardent Democrat, and during the war of the 
RebelHon, though always irreconcilably opposed to secession, was persecuted for 
his political opinions. He spent much time in defending Democratic principles 
and was a delegate to every Democratic national convention from 1864 until 1888, 
inclusive. At the Charleston-Baltimore convention of i860, he was again an 
ardent supporter of Douglas. He served on the committee on credentials, and 
took a leading part in settling the Dean Richmond and Fernando Wood contests 
and others w'hich involved the differences between the Buchanan and Douglas 
wings of the Democracy in those conventions. In 1876 he was chairman of the 
Illinois delegation at the St. Louis convention, and it was mainly through his 
efforts that the Illinois vote w'ent for Mr. Tilden. He has four times been a 
candidate for congress, on two of which occasions he was elected, and in all of 
which he outran the usual party vote. With Morrison, Trumbull and Palmer, 
he has divided the honors of party leadership. No man has been nearer to the 
people. He believes in and trusts them, and has always been noted for his 
independence of shifts, shams and affectation. 

After the close of the stormy period of the Rebellion Judge Allen resumed the 
active practice of law, and his practice soon became very large in both the state 
and federal courts. Corporation, real-estate and criminal law received his atten- 
tion, and he met with remarkable success. As a criminal lawyer, whether in 
tlie prosecution or the defense, he has no equal in his section and never had a 
superior in the state. In 1874-5, after he had located at Carbondale for the pur- 
pose of affording his children the advantages provided by the Southern Normal 
University, a deadly feud broke out in Williamson county, popularly known as 
the "vendetta," which for a time paralyzed the law. Murders and assassinations 
were of weekly and almost daily occurrence. The courage of the friends of law 
and order seemed to have deserted them. The courts appeared to be powerless. 
At this critical juncture. Governor Beveridge employed Judge Allen to prosecute 
the guilty parties, which he did with an ability and fearlessness that carried dis- 
may to criminals. Those who fled the state were pursued and captured ; such as 



214 THE BENCH AND BAR OF ILLINOIS. 

procured change of venue to foreign counties were followed up and convictions 
secured in every instance. One of the indicted men was hung, about twenty 
were sentenced to the penitentiary for long terms, and law and order completely 
restored, and ever since it has been less difficult, perhaps, to convict for crime in 
Williamson county than in any other county in the stale. It was a serious and 



THE BENCH AND BAR OF ILLINOIS, 215 

number of cases of an important character, most notably the damage suits of the 
boy John Welsch against the Street Car Company, in which his firm secured a 
handsome verdict for their client, and when the case was carried to the higher 
courts the verdict was affirmed. Another important case in which his firm 
won their client's suit was that of Sudduth versus Calhoun. In the case of Lewis 
Bender versus the Supreme Court of Honor, his firm again obtained a judgment 
in full for their client, and many other instances might be cited in which he has 
successfully solved the intricate problems of jurisprudence. He is the local rep- 
resentative of the Union Pacific Railroad Company, which fact alone stands in 
evidence of his ability. It is a well known fact among the judges that he has 
more probate and chancery business than any other member of the Springfield 
bar. On the ist of July, 1892, he formed a partnership with C. E. Barnes, under 
the firm name of Schnepp & Barnes, which relationship was terminated in April, 
1898, because of Mr. Schnepp*s continued ill health. 

On the 31st of December, 1890, Mr. Schnepp was united in marriage to Miss 
Hattie B. Calloway, and they have three children, — ^two sons and a daughter. 
Their high social standing is indicated by their large circle of friends, who en- 
tertain for them the warmest regard. 

Stephen H. Cummins, a member of the Springfield bar, is a native of San- 
gamon county, Illinois, born March 24, 1862, and is a son of Benjamin and 
Elizabeth Cummins. He completed his literary education in the high school, 
and in his school work was always most thorough and proficient. He then 
determined to engage in teaching, and followed that profession with excellent 
success from 1880 until 1888, his last position being that of principal of the lies 
school, of Springfield. During this period, and especially through the months 
of vacation, he read law under the direction of General John M. Palmer and of 
the firm of McGuire & Colby, and as the result of this excellent tuition an^ his 
close application was enabled, in 1887, to pass a most creditable examination 
for admission to the bar. 

Mr. Cummins at once opened an office in Springfield, and has since prac- 
ticed here with splendid success. He has been retained in a number of im- 
portant cases, most notably the famous Doc. Lawrence case, successfully de- 
fending^ his client against two different charges for murder, in the years 1893 ^"^ 
1894. This case assumed local prominence, being carefully watched by prac- 
titioners throughout the county. He has gained quite a large practice, and in 
1897 he was the candidate of his party for the position of state's attorney. 
While never an office-seeker, he has served as a member of the village board 
of South Springfield, and discharged his duties in a most faithful and acceptable 
manner. 

On the I2th of November, 1895, Mr. Cummins was united in marriage to 
Miss Ettie M. Shoop, daughter of Colonel Shoop, who is the only man ever 
elected to a second term as sherifJ of Sangamon county. Mr. Cummins is a 
man of domestic tastes, and his home is noted for its hospitality. Through his 
own well directed efforts he has gained success in the business world, and now 
occupies a very creditable position at the Springfield bar. 



2i6 THE BEXCM AXD BAR OF ILLINOIS. 

J. Otis Humphrey.— Citizenship and its kindred duties should be regarded 
among the most sacred trusts which come to the American. Each man is re- 
sponsible in a measure for the weal or woe of the nation, and the greater his 
influence the more important and binding is the duty which rests upon him. 
Not our officers or our governmental institutions determine the destiny of the 
nation, but the ballot, and it is therefore every man's sacred duty to endeavor to 
secure good government through this power which he holds. For twenty years 
J. Otis Humphrey has labored as few men have done for the best interests of 
state and nation. Close study of the issues of the day has made him particularly 
well informed on political questions, and with a firm belief in the righteousness 
of Republican principles, — of a sound money, of tariff for the protection of home 
industries, of reciprocity, of territorial expansion in the interests of liberty and 
humanity, — he has labored most earnestly and effectually for the adoption of 
the Republican policy and for the support of the men who stand as the exponents 
of the Republican platform. 

* Mr. Humphrey was bom in Morgan county, Illinois, December 30, 1850, and 
is a son of William and Sarah (Stocker) Humphrey, natives of Ohio, whence 
they removed to Illinois shortly before the birth of our subject. The Humphrey 
family is of English origin, and at an early period in American history representa- 
tives of the name resided in Massachusetts and Rhode Island. The great-grand- 
father of our subject, Major William Humphrey, won his title while in com- 
mand of a division of the Fourth Rhode Island Regiment in the war of the Revo- 
lution. Reared on a farm until twenty years of age, Mr. Humphrey spent the 
greater part of that time in Auburn township, Sangamon county, Illinois. Having 
attended the district schools, he spent two years as a student in the high school in 
Virden, Macoupin county, and then pursued a five-years academic and col- 
legiate course in Shurtleff College, at Alton, Illinois. Subsequently he engaged 
in teaching school for two years and then began the study of law in Springfield, 
under the direction of the firm of Robinson, Knapp & Shutt. In June, 1880, 
he was admitted to the bar, and in that year served as clerk in the office of John 
A. Chesnut, supervisor of census for the eighth district of Illinois. Afterward, 
on the recommendation of Senator CuUom, then governor of Illinois, he entered 
the office of the railroad and warehouse commissioners as legal clerk, in which 
capacity he served until January. 1883, when he formed a partnership with Hon. 
H. S. Greene, one of the most distinguished lawyers of the west. This associa- 
tion has since been maintained, and the firm, throughout its entire existence, 
has represented the largest and most important interests in the state and 
federal courts. 

In his political affiliations Mr. Humphrey has always been a Republican, 
and he has taken an active part in campaign work since 1872, at which time he 
w^as a student in college. He is a most logical and convincing speaker, and his 
addresses have been effective in securing many adherents to the party. For 
more than twenty years the influence which he has exerted has been widely felt, 
and he is a recognized leader in political circles in Illinois. In 1884 he was a 
presidential elector, and in 1896 he was a delegate to the national convention 




THE BENCH AND BAR OF ILLINOIS. 

at St. Louis, where he exercised much influence in controlling the vote 
Illinois delegation for sound money. For many years he had made 
study of the money question and was well prepared to meet all argum 
favor of a compromise platform. In March, 1895, in an address befc 
Illinois Republican Press Association, he accurately predicted the issue 
coming national campaign. This was more than a year before the issi 
formed arid many months before the silver conventions of Illinois. O 
occasion he said : 

*'On the question of national finance you represent a party whose rec 
all bright, all wise, conservative and honest; for if you ask me the name 
greatest work of the Republican party I would say that, in my judgment, 
not the suppression of the Rebellion ; it was not the emancipation of the s 
not the reconstruction of the rebel states ; not the establishment and mainte 
of a protective tariff, but above and beyond all these, as its crowning gk 
place the financial record of the Republican party. In every vicissitude a 
all emergencies it has stood with its face to the front and its finger pointi 
the changeless star of duty. The Democratic party would return us t 
devious paths of wandering in national finance. Not content with a reducti 
the tariff and the imposition of an odious income tax, they wish to return to 
old system of state banks and Democratic money. There are a few men ii 
country who know what that means from actual experience, but most o 
voters of to-day have attained their majority since the time of Buchanan, ai 
them this lesson must be taught as a matter of history. Here is the impoi 
work for Republican papers, describing how this system worked in 1857; 
the Democratic money cheated the people, the laborer, the mechanic, the w 
ing^an who took his pay in the worthless stuff; how there was constant 
preciation from day to day ; how this resulted in the publication of books gi\ 
daily quotations ; how impossible it was to keep up with the rapid fluctuati 
and how the holder of the note always suffered. 

"Over and over again must these facts be presented to the citizen. Th 
is no mystery in this argument. It is simple. It is truthful. It will tell in 
end. National finances and the tariff, — the great source of national revenue 
are the questions on which the next contest will be waged, and upon your effc 
will largely depend the success of the Republican party. Get hold of the you 
voters of the country. Repeat the stories of 'wild-cat' money as only you c 
do. Make it plain to those who can only know it as a. matter of history. A 
peal to them as living in the presence of the God that gave this country to 1 
as living in the presence of the flag for which our fathers and our brothers die 
and as they sit about their firesides in the quiet of the home circle, make the 
understand that the Democratic party has been eternally wrong on these que 
tions in the past ; that it is eternally wrong to-day, and conjure them in the grea 
svsreet name of common honesty to get right on these important questions whic 
make for the life and prosperity of the nation." 

Thus it was that Mr. Humphrey foresaw and foretold the struggle of 1891 
and be it said to his credit that he exerted a wide influence in securing the larg 



2i8 THE BENCH AND BAR OF H^LINOIS. 

Republican victories in this state. In the national convention in St. Louis he 
was also largely instrumental in securing the nomination of Mr. Hobart for 
vice-president, and his work in this direction was recognized by the delegation 
in selecting him to speak for Illinois in seconding the nomination of the vice- 
president. Long a trusted leader of his party in central Illinois, Mr. Humphrey 
is ever active and alert in construing events, is unswerving in his loyalty to 
friends, wise in counsel and accurate in judgment. For four years he has been 
chairman of the Republican county central committee and has developed an 
absolute genius as an organizer. His organization was the central one of the 
seventeenth congressional district, which has always been Democratic. Neither 
Lincoln, Grant, Yates or Cullom were ever able to carry these counties, but 
through the marvelous organization of Mr. Humphrey and those associated 
w^ith him the district was redeemed in 1894 and again carried in 1896 for presi- 
dent, congressmen and most of the county officers. 

As a citizen Mr. Humphrey belongs to that representative class who are 
active, enterprising and energetic in support of all measures or movements 
calculated to benefit the community, and in Springfield he is very popular, owing 
to his courteous manner, his genial disposition and his genuine worth. On the 
1st of July. 1897, he was appointed United States district attorney for the south- 
ern district of Illinois, by President McKinley, and in the discharge of his official 
duties manifests his marked ability as a lawyer, his comprehensive understanding 
of the principles of jurisprudence, his keen power of analysis, his careful prepara- 
tion of cases and his forceful presentation of his cause. 

H. Clay Wilson, of Springfield, comes from a state that has long been 
renowned for the high standing of its bar, and has gained a commendable position 
at a bar that has also furnished some of the nation's most distinguished repre- 
sentatives of jurisprudence. He is a native of Kentucky, his birth having oc- 
curred on a farm in Daviess county, July 2, 1856. His parents, John J. and Sarah 
(]\Ieeks) Wilson, were also natives of that state, but removed to Indiana in 1858, 
and in their home H. Clay Wilson spent the days of his minority, attending the 
district schools in Spencer county, Indiana, where he laid a substantial founda- 
tion for a more advanced education. At the age of twenty he entered the 
Central Normal College, of Danville, Indiana, and was graduated in that institu- 
tion on the completion of the teacher's and commercial courses. 

In August, 1882, Mr. Wilson came to Sangamon county, Illinois, and for 
seven years thereafter engaged in teaching school. In 1886 he began reading law 
in the office of Clinton L. Conkling. He devoted his vacations and leisure hours 
to this pursuit, and in the fall of 1888 was admitted to the bar. Through the 
succeeding year he continued teaching, and then opened an office for the prac- 
tice of law in 1890, soon demonstrating his power to handle with skill the intri- 
cate problems of civil law. He is inclined to corporation law, yet has a fair 
practice in civil, probate and chancery business. He is well versed in these 
different departments, and is continually adding to his knowledge by extensive 
research into principle and precedent. 

On the 7th of August, 1888, Mr. Wilson married Miss Theresa Tyson, and 



THE BENCH AND BAR OF ILLINOIS. 219 

they have four children, three sons and one daughter. In his social relations 
he is a Mason, an Odd Fellow, a Knight of Pythias, and a member of the Hamil- 
ton Club of Chicago. He is a member of the board of education of Springfield, 
and has served as its president, his labors in behalf of the schools being most 
beneficial and progressive. He exercises his right of franchise in support of the 
men and measures of the Republican party, does all in his power to promote its 
growth and insure its success, and on that ticket was elected to the thirty-ninth 
general assembly of Illinois. He is a man of strong mentality, of sound judg- 
ment, and in political and professional works shows a thorough mastery of the 
subject under consideration. 

Henry C. Bell, of Springfield, is a native of Clark county, Illinois, born 
January 5, 1849. His father, Wiley Bell, was a native of North Carolina, and his 
mother was Sarah E. (Buckner) Bell. The foundation of his education was laid 
in the district schools of Clark county, whence he went to Westfield, Illinois, 
spending four years in the college of that place. Later he continued his educa- 
tion in the Normal College at Carbondale, Illinois. 

His school life, however, was interrupted by his service in the Union Army, 
for when only fifteen years of age he responded to his country's call for troops, 
in October, 1864, enlisting in Company K, Twenty-ninth Indiana Volunteer 
Infantry, at Terre Haute. He served until December, 1865, when he was hon- 
orably discharged at Marietta, Georgia. It is said that he was the youngest 
soldier of his regiment, and his army record, owing to his extreme youth, is cer- 
tainly one of which he may be justly proud. He was with Sherman's command 
until they reached Atlanta, when his regiment was sent back, under General 
Thomas, to take part in the campaign against General Hood. After receiv- 
ing an honorable discharge he returned home and resumed his studies, thus 
preparing for the practical and responsible duties of life. Having determined 
to adopt the law as his profession, in 1872 he entered the office of John Schol- 
field and Jacob W. Wilkin, under whose direction he began preparation for the 
bar. His preceptors were men of marked ability. Both were afterward judges 
on the supreme bench of Illinois, where they served with honor and credit, both 
to themselves and their constituents. Judge Scholfield died in April, 1893, but 
Judge Wilkin is still on the bench. 

Mr. Bell was admitted to the bar June 15, 1875, in Mount Vernon, Illinois, 
and at once opened an office in Marshall, Illinois, where he continued in prac- 
tice for ten years. Within this time he also served as superintendent of the 
schools of Clark county, and was city attorney of Marshall. In July, 1885, he 
was appointed chief of the finance and statistical division of the pension bureau 
at Washington, D. C, and served in that capacity for four years. From 1889 
until 1893, through President Harrison's administration, he was in the criminal 
section of the law division, and was on the board of review at the pension bureau. 
So well and ably did he discharge the duties of those positions that in 1893 be 
was retained in the public service by being appointed deputy commissioner of 
pensions, by President Cleveland. This office he retained for four years, resign- 
ing April 5, 1897, at which time he came to Springfield, where he resumed the 



Tuc acKjru j\:n rjp nn it I IMDT^ 



THE BENCH AND BAR OF H.LIN O IS. 221 

has since been maintained. They have won a good cHentage, and through their 
earnest labors, close application and diligence they are meeting with that suc- 
cess which is ever the reward of industry. 

In his political affiliations Mr. Selby is a stalwart Republican, unfaltering in 
support of his party, and since 1880 he has been an active worker in its behalf. 
In 1892 he received the nomination for state's attorney; in 1894 he was elected 
to the legislature, and in 1896 was re-elected, — the first time in the history of the 
county that a Republican has served for two successive terms. He has been one 
of the most prominent and influential members of the house, both in committee 
work and on the floor. He was chairman of the committee on judicial depart- 
ment and practice during the first term, and his recognized ability as a lawyer 
enabled him to handle in a most capable manner the important questions which 
came up for settlement. On other very important committees he served in a 
most creditable manner, was active in securing the location of the supreme court 
at Springfield, and lent his aid and co-operation to every effort put forth for 
the general good. His popularity is shown by the fact that in the second term he 
was a very close candidate for speaker, receiving a large support. He was 
chosen chairman of the steering and revenue committees, and upon the legisla- 
tion of those tw-o sessions he left the impress of his strong individuality. He 
was very active in support of Senators Cullom and Mason, and nominated the 
former for the United States senate in the following words : 

"Mr. Speaker: A few months ago the great common people of our state 
knocked at the door of the Republican party and demanded that we should return 
to the United States senate a man who stood for protection, prosperity and 
patriotism; a man who believed, taught and upheld such national principles as 
would develop American interests, feed and clothe American workmen, give us 
a sound and safe American dollar, and last, but not least, protect and defend 
American defenders. The battle has been fought, the storm has ceased and we 
are now bathing in the sunlight of exalted success. We are now ready to deliver. 
Therefore, in the name of the silent wheels and spindles, the smokeless chimneys 
and deserted w'orkshops, w^aiting to be touched by the magic wand of pros- 
perity ; in the name of the state of Illinois, with her mighty commercial and in- 
dustrial interests ; in the name of that party which has achieved so much for the 
advancement of human liberty and civil equality, I now here, and once and for 
all, cast the senatorial mantle upon the shoulders of Shelby M. Cullom." 

In 1881 Mr. Selby married Miss Annie Miller, of Sangamon county, and 
they have a son and two daughters. Socially he is connected with the Masonic 
fraternity, the Knights of Pythias and the Independent Order of Odd Fellows. 
Widely known and honored in professional, political and social circles, he well 
deserves mention in the historv of the bench and bar of Illinois. 

Major Bluford Wilson, an honored citizen of Springfield, needs no intro- 
duction to the general pubHc, for his distinguished services in behalf of the pres- 
ervation of the Union during the civil war, and his no less meritorious services 
as an employe of the government in Washington a score or more years ago, 
brought his name into prominence. From both sides of his family he derived 



222 THE BENCH AND BAR OF ILLINOIS. 

stanch principles of patriotism, honor and justice, and has worthily carried 
them into his every-day life. 

In tracing the history of the Major it is found that he is a native of Illinois, 
his birth having occurred in Shawneetown, November 30, 1841. His parents were 
Harrison and Catherine Wilson, the latter a native of Alsace, France, from wliich 
country she came to America, in the early part of this century, with her father, 
Harrison Wilson was an ensign in the service of the United States during the war 
of 1812 and was captain of One Spy llattalion in the Black Hawk war. 

Major Wilson, after finishing his public school education, entered McKendre« 
College and later was a student in the University of Michigan until 1862. when 
his youthful patriotism could no longer be kept in check, and he enlisted in the 
One Hundred and Twentieth Illinois \'olunteer Infantry. He was placed in 
the company commanded by Captain P. B. Pillow, and was made an adjutant. 
In May, 1863, he became assistant adjutant general on the staff of Brij;;adier 
General Michael X. Lawler, and served also on the staffs of Generals Dana and 
Eugene A. Carr, He was brevetted major, for gallant conduct, and continued 
to serve until the close of the war. His brother, General James H. Wilson, a 
graduate of West Point, was one of the celebrated officers of the war and was 
a distinguished member of General Grant's staff. .Another brother. Major Henry 
S. Wilson, distinguished himself as an officer in the Eighteenth Illinois Volun- 
teer Infantry. 

Having seen the triumph of the stars and stripes under which banner he 
had nobly fought, Major Wilson returned to the peaceful vocations of life. He 
resumed his legal studies, and was admitted to the bar, in Shawneetown, in 1867. 
Always active in the Republican party, he was appointed district attorney by 
President Grant in 1869, and held the office until after the re-election of the 
great general, who then gave the young man the position of solicitor ot the 
treasury. There the Major made a splendid record, being the main support of 
General B. H. Bristow, secretary of the treasury, in the famous war against the 
"Whisky Ring." In this connection it may be of interest to introduce a copy 
of a letter which was written to the Major at the time ot his resignation of his 
position as solicitor. 

Washington, D. C, June 20. 1876. 
My Dear Wilson: 

I cannoi lake leave of (he treasury department without expressing to you my great 
graliiiide for the earnest and able support you have given me throughout my term of 
service. Whatever has been accomplished in the direction of enforcing law and bringing 
to merited puni.shmeiit those who for a considerable time had plundered the public revenue 
and debauched the public service, is due more to your courageous, able and efficient con- 
duct than 10 any effort of my own. The governtnent owes you more than it is likely 
to pay. 

I beg you to he aiisured that I carry with me into private life the most grateful re- 
membrance of Ihc fidelity, zeal and capacity with which you have met all your official 
duties and obligations, as well as the uniform kindness and friendship extended to me 
during our official relations. May heaven bless and prosper you in all your undertakings. 
Sincerely and gratefully your friend, 
Hon. Bluford Wilson, B. H. BRISTOW. 

Solicitor of the Treasury. 



THE BENCH AND BAR OF ILLINOIS. 223 

From Washington the Major returned to Springfield, where he has since 
been actively engaged in the general practice of law, chiefly before the United 
States courts. He is now a member of the firm of Wilson & Warren, the 
junior partner being his son-in-law, Philip Barton Warren, a promising young 
lawyer. July 3, 1865, the Major married Miss AHce Warren Mather, in Louis- 
ville, Kentucky, and four children came to grace their union. 

John F. Armstrong, of Springfield, was born in Christian county, Illinois, 
November 13, 1861, and is a son of Thomas D. and Rebecca (Woosley) Arm- 
strong. His literary education was completed by study in the high schools of 
Bloomington and Taylorville, and thus with a good general knowledge to serve 
as the foundation for professional learning he began preparation for the bar. 
With a keen appreciation of the science of law and the lofty purpose which it 
should serve in the protection of right, life, liberty and property, in 1886 he 
began a course of reading in the office of Conkling & Grout, two distinguished 
attorneys of Springfield, who directed his studies until 1888, when he was ad- 
mitted to the bar, passing a most creditable examination. 

Mr. Armstrong at once began practice in the city of his adoption, where he 
has since remained, winning a large clientage as the years have passed, and he 
has demonstrated his ability by the successful conduct of some very important 
cases. He was appointed assistant to Major James A. Connolly, United States 
district attorney, and served from 1891 until 1893 under a Republican administra- 
tion, but has since allied himself with the Democratic party and gave Wm. J. 
Bryan his hearty support in 1896, and is still strongly allied with that party. He 
has served on municipal and county committees on numerous occasions, and has 
labored earnestly while on such committees to advance the interests of his party. 
No outside interest, however, is allowed to take needed time from his pro- 
fessional duties. His fidelity to his clients' interests is most marked, and in the 
trial of important cases he has shown ability of high order, keen analytical power 
and skillful presentation of his cause. He has been associated to a considerable 
extent with General John M. Palmer, who regards him as one of the rising mem- 
bers of the Springfield bar. 

James A. Connolly. — While "the race is not always to the swift nor the 
battle to the strong," the invariable law of destiny accords to tireless energy, 
industry and ability a successful career. The truth of this assertion is abun- 
dantly verified in the life of Major Connolly. 

James Austin Connolly was born in Newark, New Jersey, March 8, 1842. 
His parents, William and Margaret (Maguire) Connolly, both natives of Ire- 
land, emigrated to Canada, with their parents, in childhood, and later drifted 
to Newark, New Jersey, where they formed each other's acquaintance and were 
married. 

James attended a private school in Newark until he was eight years of age, 
when he accompanied his parents to Morrow county, in central Ohio, where his 
father purchased a farm. Four years later William Connolly moved to the 
neighboring town of Chesterville, and resumed the occupation of tanner and 
currier, a pursuit which he had previously followed in Newark. During the 



224 '^'^-^^^' BIiXCH AXD BAR OF ILLINOIS. 

four years in which his father operated the farm, James, during the first half of 
that time, aided him in such work as his aj^e and strength would permit, and 
durinjr the latter two years he was employed as a clerk in a store at Chesterville. 
He thereafter attended the Chesterville union school, then the high school, 
and later the Sclby Academy, at Chesterville, where he was graduated in the 
classical course, in 1858. During the last two years which he attended the 
academy he kept books in the store where he had previously been employed as 
clerk, and thus partially paid his tuition. 

He decided to make the study and practice of law his life work and began 
to read law under the direction of Judge A. K. Dunn, of Mount Gilead, Ohio. 
In the meantime, 1858-9, he taught school. In the fall of the latter year he 
w^as admitted to the bar, and after retiring from the position of second assistant 
clerk of the Ohio senate, which he filled in the winter of 1859-60, he entered 
upon the practice of his profession as a partner of his preceptor. Judge Dunn, 
at Mount Gilead, Ohio. 

Being young and ambitious and, after investigation, concluding that in the 
newer state of Illinois he could find better opportunities to advance, he, in the 
fall of i860, located in that state, at Charleston, where he began to practice law. 

In June, 1862, he enlisted in the ranks, and upon the organization of Com- 
pany C, One Hundred and Twenty-third Regiment of Illinois Volunteer In- 
fantry, he was elected captain, and upon the organization of that regiment 
was elected its major. The regiment joined the Army of the Cumberland 
and was active in all its campaigns till after the fall of Atlanta, when he 
w^as transferred to Sherman's armv and marched with him to the sea, and thence 
to Washington and took part in the grand review. 

Major Connolly's career as a soldier was full of adventures, and a full 
description thereof would of itself fill a large volume. He entered a daily record 
of all important events in a journal or diary which he still has in his possession. 
A perusal of this diary would doubtless be of deep interest to all, and it is hoped 
that the Major will be persuaded to assent to the publication thereof, although 
he has repeatedly been requested to do so and has thus far failed to give the re- 
quired consent. His military record is very creditable, proving him to be 
a brave and fearless soldier, and the following incidents wall illustrate his bravery: 

At the battle of Milton, Tennessee, while leading his regiment in the heat 
of the fight, the collar of his overcoat, coat and shirt and the pommel of his 
saddle were shot away by minie balls. He was knocked to the ground apparently 
senseless, but conscious of the fact that the remark "The Major's killed" was 
passed along the line. He remembers that the sole thought in his mind then 
w^as : "The boys are fooled." At Bentonville, North Carolina, he was struck by a 
bullet on the plate of his sword-belt, right over his stomach. At Missionary 
Ridge a shell exploded directly over his head and frightened his horse, which gave 
a leap, and burst the saddle girth, and threw him to the ground. He was as- 
sisted to his horse and without a saddle girth rode to the top of the ridge. 

Immediately after the battle of Chickamauga Major Connolly was detailed 
by General Thomas as inspector of General Baird's division of the Fourteenth 




 y''//i-y r^ 



^•r 



I > 



M . . I 




^^^^-^^^ 



THE BENCH AND BAR OF ILLINOIS. ' 225 

Army Corps, and continued to serve in that capacity until the close of the war, 
and was with it at the grand review. 

When the fourteenth Army Corps was approaching Savannah it was neces- 
sary to march over a causeway through the Ebenezer swamps. Major Con- 
nolly was with the rear guard of the corps, which was hard pressed by Wheeler's 
cavalry. Near midnight the Major and his followers arrived at a bridge which 
spanned the Ebenezer creek, and there found the provost marshal of the Four- 
teenth Army Corps, which was then commanded by General Jeff. C. Davis, 
guarding the bridge and preventing negroes, thousands of whom were hid in the 
swamp, from crossing the bridge and following the troops. Replying to Major 
Connolly's inquiry, the provost marshal informed him that he was obeying his 
superior's orders. Major Connolly then told him that as it was then late he 
and his company could then retire to headquarters, and that he would relieve 
him. After the provost marshal retired the Major permitted the negroes to flock 
over the bridge, and thus saved them from capture and severe punishment and 
perhaps death by Wheeler's cavalry. The acftion of Major Connolly was com- 
mended, and the incident nearly cost General Davis his promotion. Major Con- 
nolly was brevetted lieutenant colonel of volunteers for gallantry on the field at 
Bentonville, North Carolina. 

After the close of the war Major Connolly returned to Charleston and re- 
engaged in practice, continuing there until 1876, when President Grant appointed 
him United States attorney for the southern district of Illinois. In 1880 he was 
reappointed by President Hayes, and in 1884 was again appointed, by President 
Arthur. In 1885 he was removed by President Cleveland **for offensive parti- 
sanship," but in 1889 was again appointed to the position by President Harrison, 
and served until April, 1894, when he resigned. 

Politically Major Connolly has always been a steadfast adherent to the prin- 
ciples of the Republican party, and from 1876 to the present time has always 
taken an active part in the campaigns of that party, canvassing every section of 
the state and visiting nearly every county. He has vigorously advocated the 
cause of Republicanism. In 1872 he was elected to the legislature from Coles 
county, and was re-elected in 1874. In 1886, while mayor of the city of Charles- 
ton, he was the opponent of ex-Congressman W^illiam Springer, and carried Mor- 
gan and Sangamon counties, but was defeated by a majority of nine hundred, 
his popularity having reduced to that amount the usual Democratic majority of 
lour thousand. He was again nominated for congress in 1888, but declined to 
hecome a candidate. In 1894 he accepted the nomination, and defeated 
Springer by a majority of two thousand nine hundred and forty. In 1896 he 
was ag^ain elected to congress from the same district, but declined a nomination 
in 1898. 

In 1888 he was a candidate for the nomination of governor, and received 
one hundred votes in the convention. While serving as United States attorney 
in 1884 he was appointed solicitor of the treasury by President Arthur, and con- 
firmed by the senate, but he declined the appointment, preferring to devote 
himself to his profession. 

16 



^ 



226 ' THE BENCH AND BAR OF ILLINOIS. 

In 1886 Major Connolly moved to Spring^eld, where he has since made his 
home. He formed a partnership with Mr. Mather, and, in addition to his official 
duties practices his profession. He has been engaged in much of the more im- 
portant class of litigation in this section of the state, and as United States at- 
torney participated in many actions that attracted a large amount of attention. 
He prosecuted the "whisky ring" without any special assistance, and was one 
of the very few United States attorneys who did not call for special assistants in 
similar cases of litigation. 

Major Connolly has become interested financially in several profitable cor- 
porations. He assisted in the organization of the Illinois National Bank, and has 
been a member of its board of directors since its organization. He is also inter- 
ested in the Bain Manufacturing Company, of Charleston, Illinois. He is a 
member of the Grand Army of the Republic, and for eight years previous to 1895 
acted as judge advocate of the department of Illinois. He is also a member of the 
Loyal Legion, and is a Mason and Knight Templar. 

Major Connolly's life has been a success. His entire career is illustrative of 
the fact that certain actions are followed by certain results. As a lawyer he has 
few peers in this section of the state ; as a soldier he displayed bravery, sagacity 
and true patriotism; as a public official his actions have been above reproach 
or criticism ; and as a citizen he is an illustration of a high type of our Ameri- 
can manhood. 

He was married in 1863 to Miss Mary Dunn, sister of Judge Dunn, of 
Mount Gilead, Ohio, with whom Major Connolly studied law. Major and Mrs. 
Connolly are attendants of the Presbyterian church. 

James M. Graham, a well known citizen and member of the bar of Spring- 
field, has led a very busy, enterprising life, and, being very popular with his 
acquaintances and friends, has been called upon several times to occupy positions 
of responsibility and public trust. From a political standpoint he has been 
especially active and zealous, working earnestly for the success of the Democratic 
party in every campaign, often going to distant parts of the state, when necessary, 
in order that the cause should not suffer for want of an earnest advocate. 

Mr. Graham is a native of Ireland, his birth having occurred April 14, 1853. 
His parents, Hugh and Sarah (McMahon) Graham, were likewise born and 
brought up in the Emerald Isle. He came to the United States in 1867. James 
M. was given good educational advantages, having studied in the common 
schools, the Northern Indiana Normal School, at Valparaiso, Indiana, and in 
the Illinois State University, at Champaign. Having thus fitted himself as a 
teacher, he engaged in that line of work, and for some seven years he successfully 
taught in the schools of Champaign county. 

While giving his chief attention to teaching, Mr. Graham spent some of his 
leisure in the study of law, and was finally admitted to the bar upon his applica- 
tion for an examination, in 1885. Three years before that time he had removed 
to Macon county, and in 1884 was elected to the legislature from the twenty- 
ninth district, including Macon and Logan counties, and served efficiently for one 
term. Concluding to remain in Springfield, Mr. Graham opened an office on the 



THE BENCH AND BAR OF ILLINOIS. 227 

south side of the square, and in 1886 he became a partner of S. D. Scholes, the 
firm style being Scholes & Graham. He soon won an enviable reputation as a 
lawyer and his patronage has steadily increased in the importance as well as in 
the number of the cases placed in his hands. In 1892 he was elected state's 
attorney for Sangamon county, the majority of votes cast for him being about 
eighteen hundred. He served most acceptably for the term of four years, at 
the end of which period he settled down to practice again as an attorney, as senior 
member of the firm of Graham & Miller. 

He served for several years as a member of the school board of Spring- 
field and always favored a policy of liberal treatment for teachers and the widest 
and best possible advantages for the children. 

In August, 1876, Mr. Graham married Miss Kate Wallace, a resident of 
Champaign county. Seven children have been born to them, all of whom are 
now living. Hugh, the eldest, is a member of the class of 1900 in the Illinois 
University. They are adherents of the Catholic church. 

Edward Delavan Henry is numbered among the rising young members of 
the Springfield bar. He comes from New England ancestry and has inherited, 
from a long line of honorable, upright sires, not only high moral principles but 
the qualities which insure success in business, as well. He possesses genius and 
native talent, and to his chosen field of labor brings a love for the work and a 
thorough knowledge of its principles. For the past seven years he has had an 
office in Springfield, and during this time has won the regard of his professional 
brethren and all with whom he has come into business relations. 

Our subject's father, Levi H. Henry, was a native of Littleton, New Hamp- 
shire, and passed his early manhood there. In 1852 he started westward, driving 
a team all the distance to Illinois, and bringing with him an invalid brother, who, 
though he knew he had not long to live, strongly desired to die on Illinois soil. 
Levi H. Henry became one of the wealthy and influential citizens of Talkington 
township, Sangamon county, Illinois, owning a large farm there and having ex- 
tensive banking interests in the town of Waverly. Loved and respected by all 
who knew him, his death, in 1897, was felt to be a public loss. 

Edward D. Henry is proud of the fact that he is one of Illinois' own sons, 
he having been born in Auburn, January 17, 1864. He attended the country 
schools in his home neighborhood and later was a student in the high school at 
Waverly. Subsequently, he was enrolled as a pupil in the Wesleyan University, 
at Bloomington, and was graduated in the Latin-scientific course in 1889. Soon 
afterward he began teaching school, in which line of endeavor he met with the 
success which he deserved, as he was faithful and earnest in the least as well as 
the greatest of his duties. In the evenings, and whenever else he had leisure, 
he studied law, and he was aided in his work along this line by the firm of Oren- 
dorff & Patton. Admitted to the bar in 1891, he at once engaged in practice, 
establishing himself in business in Springfield. His assiduous labors and earn- 
estness of purpose have wrought out for him the success which he merits, and his 
practice is constantly growing in importance and extent. 

Mr. Henry is identified with the First Congregational church of Spring- 



228 THE BENCH AND BAR OF ILLINOIS 

field, and gives it his moral and financial support. He is a Master Mason, be- 
longing to St. Paul's Lodge No. 500, A. F. & A. M., of this city. A firm believer 
in the temperance cause, he feels it the duty of the state and goveniment to lefps- 
late UDon the Question, and therefore irives his political alleeiance to the Prohibi- 



THE BENCH AND BAR OF ILLINOIS, 



229 



has had charge of, and participated in, many of the most important cases that 
have been litigated in the courts of this state since his admission to the bar. He 
has devoted his time and energies to his profession, and while his views upon 
political questions are pronounced, he has of late taken no active part in politics. 
In 1868 he was elected to the Illinois legislature to represent Sangamon and 
Logan counties and served for one term very acceptably. He has always been 
interested in the prosperity of the Democratic party, and in 1892 he was a 
delegate to the national convention which nominated Cleveland. 

The marriage of James William Patton and Miss Francine Elizabeth 
Lanphier of Springfield, was solemnized in this city December 8, 1869. Her 
father, Charles H. Lanphier, was for many years editor and proprietor of the 
Illinois State Register. 




1 



CHAPTER XI. 

COMPILATIONS AND REVISIONS OF THE LAWS OF ILLINOIS. 

PRIOR to the organization of Illinois territory, and while it formed part 
of Indiana, John Rice Jones and John Johnson had attempted a revision 
of the laws in force at that time in the territory. The volume was pub- 
lished by Stout & Smoot, printers to the territory of Indiana. 

It comprised the laws in force in the territory of Indiana and the acts passed 
at the first session of the second general assembly of the territory, i6th of 
August, 1807. "Very many sections of this old book will be instantly recog- 
nized as a part of the law as it is in force to-day, and sometimes whole passages 
appear, almost word for word as we have them now. This revision was made 
in pursuance of a resolution passed at a former session of the territorial legisla- 
ture, and the volume closes with an act which declares all former acts repealed, 
except as therein revised and re-enacted." (Gross' Index to Laws, page 8.) 

The second revision of the laws was by Nathaniel Pope. He was secretary 
of the territory and for some time exercised the powers of governor. Mr. Pope's 
commission as secretary of the territory bears date of the 7th of March, 1809, 
and that of Mr. Edwards, the governor, of the 24th of April, 1809. The terri- 
tory was duly organized by Nathaniel Pope, acting as governor, on the 28th of 
April, 1809. 

One peculiarity in the acts creating Indiana and Illinois territories was that 
they made it the right of tlie people to enter into the organization of a territory 
of the second class, without regard to the number of the inhabitants. The 
provision of the statute is : ^'Whenever satisfactory evidence shall be given to the 
governor thereof, that such is the wish of the majority of the free-holders, not- 
withstanding there may not be therein five tliousand free male inhabitants of the 
age of twenty-one years or upwards." 

The governor of Illinois territory, preferring the evidence of the popular 
will be afforded by an election, issued a proclamation for an election to be held 
in the different settlements to ascertain whether a majority were in favor of a 
legislative government, and such being the decision of the people, as expressed at 
the polls, he issued another proclamation, dated September 14, 1812, ordering an 
election to be held on the 8th, 9th and loth days of October, 1812, to choose 
one delegate to congress and members of the two houses of the legislature. 
"The laws which were passed at that and the succeeding sessions were not 
collected until 181 5: * * * On the 4th of July, of that year, Matthew 
Duncan, printer to the territory, issued from his office in Kaskaskia the revision 
of Nathaniel Pope in two volumes; it contained a copious and careful index. 
* * * The similarity of this book to the present statutes is much more 

230 



MlLVILLB W. FULLBR. BlCBAHl) J. OgLBBBV 

John W. SHOwtLTBR, Stiphbn A. Douglas. Joh« A. Locan. 



THE BENCH AND BAR OF HJJNOIS. 231 

striking than in Jones' revision. The entire plan and arrangement of the 
statutes of Illinois, taken as a whole, remain at this moment in the shape Judge 
Pope impressed upon them." 

An attempt was made in 1819 to revise the laws of the state, and in 1827, 
certain chapters, relating to some important subjects, were rewritten and im- 
proved. In 1829 a volume of statutes was published by Alexander F. Grant & 
Company, of Shawneetown, Illinois. It was entitled "The Revised Code of Laws 
of Illinois," containing those of a general and permanent nature, passed by the 
sixth general assembly at their session, held at Vandalia, commencing on the 
first Monday of December, 1828, and those enacted previous thereto, and ordered 
by the said general assembly to be republished. This volume contains many 
titles and gives the date of the approval of the laws therein published. Like 
the volumes, entitled "Revised Statutes," published in 1827 and 1833, it has but 
little claim to be regarded as a revision of the statutes. The so-called revision of 
1833 adopted the arrangement of its predecessors. 

In 1844 Mason Brayman, Esq., a scholarly lawyer from Buffalo, New York, 
undertook a revision of the statutes of Illinois. Mr. Brayman commenced his 
work, as a private enterprise, in April, 1844. On the meeting of the legislature 
the subject of a careful revision of the statutes was brought to the attention of 
the legislature, by Governor Ford, and certain resolutions were passed by the 
house of representatives and concurred in by the senate, on the i8th day of 
January, 1845. 

Mr. Brayman's preface to the volume of the revision of 1845 ^s specially 
interesting in its description of the origin of the statutes, and the confused state of 
the law. He said : *Tt was to be expected that the early enactments which pro- 
ceeded first from the territories, then from the state governments, would be crude, 
imperfect and inharmonious. They were not adopted together, as a distinct body 
of statute law, nor with any view to their connection or consistency with each 
other; but hastily produced at different times and places, in obedience to the 
ever varying wants and circumstances of an unsettled, scattered, and hetero- 
geneous population. * * * We may readily conclude that they found but 
little leisure for the business of legislation and they made their laws as they made 
their log cabins, their roads and bridges, as they needed them for their shelter 
and protection." 

He paid a tribute to the sagacity, legal ability and just views of the "Fathers," 
by saying: "Many of those laws, enacted under circumstances so disadvan- 
tageous, during the early history of our legislation, particularly those concern- 
ing rights to real estate and the administration of the penal code, stand almost 
untouched by the hand of innovation. * * * Amidst the vicious super- 
abundance of legislation in more recent times some respect has been paid to the 
stern wisdom of the past, and it may be said, without offense, that greater 
progress has been made in manufacturing than in perfecting laws for the gov- 
ernment of the state. * * * The same habit of passing laws to meet special 
cases and to obviate present inconveniences, which obtained through necessity, 
has never been wholly shaken off, and one cannot but feel surprise at the great 



232 THE BENCH AND BAR OF ILLINOIS. 

number of acts which are forced at every session, at the suggestion of individual 
interests or to serve purposes of temporary expediency, without reference to, and 
often at the sacrifice of, the public good. 

"Laws which when adopted were complete and covered the entire subject 
to which they related, have become buried under an accumulated mass of 
distinct, amendatory acts by which they have been partially repealed, some of 

their provisions superseded, changed, and are subject to new constructions. The 

« 

same identical matters have been passed upon in laws enacted at different times, 
until, comparing one with another, sections have become interwoven, involved 
and contradictory, rendering it impossible to ascertain without judicial construc- 
tion the real intention of the legislature. Scarcely a single act as originally 
passed remained untouched, and to ascertain what was really the law upon any 
particular point it became indispensable for the legal enquirer to travel over the 
whole labyrinth of past legislation, without even the aid, in most cases, of in- 
telligible indexes to the volumes in which the laws were to be found. 

"Such a state of things could not but be productive of serious confusion. 
Magistrates and others charged with the administration of justice found it diffi- 
cult to extract the existing law from the mass of rubbish with which it was encum- 
bered, and were often led into erroneous judgments and vexatious delays, 
and a round of expensive litigation for their correction. Each succeeding legis- 
lature seems to have proceeded to the enactment of the assigned number and 
quality of acts upon the topics usually presented for its action, without reference 
to what its predecessors had done upon the same subject, until at the present time 
the laws by which we are governed lie in broken and unseemly fragments along 
the course of our legislative history, no more resembling that uniform, har- 
monious, energetic system of statute law which should stand prominent among 
the institutions of a civilized state, than do the collections of fugitive shells which 
the successive waves of the ocean have cast upon its shore, the most perfect 
specimens of architectural symmetry and strength." 

The legislature of the state recognized the effort of Mr. Brayman to revise 
file laws of the state, and passed a concurrent resolution authorizing him to pro- 
ceed and to complete his said revision and compilation of the laws of this state as 
speedily as possible, upon the plan adopted, as specified in his communication to 
the governor, and it was further resolved that "the said work be done under the 
joint direction and supervision of the judiciary committees of the senate and 
house of representatives, to whom it shall be submitted as rapidly as the chap- 
ters thereof are in readiness." 

It was further resolved that said "joint committee, or a sub-committee 
which such joint committee may appoint from their own number, shall diligently 
examine and compare the same and cause to be made such corrections and altera- 
tions as they shall deem necessary to render such laws full, perfect and consistent, 
and so to reduce the statute laws of the state of a general nature to a compact 
code, conveniently divided into chapters and sections, and arranged in alpha- 
betical order ; and it shall be the duty of the reviser to insert appropriately in 



THE BENCH AND BAR OF ILLINOIS. 233 

the work such alterations and amendments as such committee shall suggest, not 
inconsistent with the spirit and meaning of the law." 

It was also resolved that "all acts of a general nature passed, or to be passed, 
at the present session of the general assembly shall be incorporated in such re- 
vision, to be inserted in the several chapters thereof to which such acts or their 
several parts belong." 

The judiciary committee of the senate was composed of Alfred W. Cavarly, of 
Greene ; John Dougherty, of Union ; Jacob Davis, of Hancock ; Ferris Forman, 
of Fayette; Edward B. Webb, of White; Willis Allen, of Williamson, and 
Charles H. Constable, of Clark counties. The committee of the house comprised 
Julius Manning, of Peoria ; Kirby Benedict, of Macon ; Stephen T. Logan, of 
Sangamon ; Eldridge S. Janney, of Crawford ; Newton D. Strong, of Madison ; 
Richard Yates, of Morgan ; W. P. Boyakin, of Marion ; Peter Lott, of Adams, 
and William D. Ewing, of Fayette counties. 

The committee appointed a sub-committee of their own number, but their 
work did not fully realize the expectations of the legislature. The revision did 
make the law "plain and intelligible, * * * and did prune away ex- 
crescences, reconcile contradictions, and arrange in convenient order all the 
statutes as were in force at the time." 

The older lawyers will remember with satisfaction the publication of the 
"Braminical Code," which afforded them reliable and convenient access to the 
statutes of the state. 

The revision of 1845, and the laws passed at subsequent sessions of the legis- 
lature, were everywhere consulted. The state published, and distributed among 
the public officers who were required to know and enforce the laws, an edition of 
ten thousand copies. Judge Norman H. Purple, at one time justice of the 
supreme court, published a compilation of the statutes in force in 1856. Two 
years later, D. B. Cooke & Company published a compilation of the statutes. 
It appeared in the names of Samuel H. Treat, Walter B. Scates, and Robert S. 
Blackwell, as the compilers. Judge Scates did the principal part of the work. 

In 1868 the first edition of Gross' Statutes appeared. It was a compilation 
of the statutes preserving the titles and chapters as in the revision of 1845, with 
the amendments made to the several chapters. Judge Purple in 1849 ^^^ P^'^" 
lished a volume entitled "The Real Estate Statutes of Illinois." It contained a 
compilation of all the laws which related to titles to real estate, and of those by 
which titles to land could be afifected. 

The twenty-sixth general assembly, by an act approved March 8, 1869, pro- 
vided for the appointment of three commissioners, one from each grand division 
of the state, to revise and rewrite the general statutes of the state. To this com- 
mission Governor Palmer, who regarded such revision as eminently necessary, 
appointed Michael Schaefifer, of Marion county; William E. Nelson, of Macon 
county; and Harvey B. Hurd, of Evanston, Cook county, commissioners under 
the act. 

The act under which the commission was raised required the commissioners 
to observe, as nearly as might be, the alphabetical order of the Revised Statutes 



234 THE BENCH AND BAR OF ILLINOIS. 

of 1845, to make only such changes in, and additions to, the statutes then in 
force as might be necessary to render them harmonious and complete, and to 
present a printed report of their revision to the succeeding general assembly. 
The commissioners entered upon the discharge of their duties immediately after 
their appointment, and had made considerable progress in the preparation of their 
revision upon the plan thus indicated, intending to have presented it as a whole, 
to be enacted into a law in one act, when, on the 13th of May, 1870, the consti- 
tutional convention adopted and, on the 2d of July following, the people ratified 
the present constitution. The new constitution requires that "no bill shall con- 
tain more than one subject, and that shall be expressed in its title." 

Whether, under this provision, the legislature could enact in one bill a re- 
vision of the entire body of the statutes, differing so essentially from the existing 
laws, as they must, to meet the requirements of the new constitution, and con- 
taining entire new chapters, was a matter of doubt even if under the circumstances 
it were desirable to undertake to do so. 

Mr. Nelson, having been elected a member of the house of representatives 
of the twenty-seventh general assembly, ceased to act with the commission, deem- 
ing his duties as representative inconsistent with those of reviser. The work 
therefore devolved upon Messrs. Schaeffer and Hurd, who continued it together 
until the adjournment of the twenty-seventh general assembly. 

It being considered doubtful whether the law under which the commissioners 
were appointed authorized them to proceed further with the work, and the 
twenty-seventh general assembly failing to give any expression upon the sub- 
ject or to make any provision for the continuance of the commission, Mr. 
Schaeffer withdrew therefrom, leaving it wholly to Mr. Hurd, who continued it, 
that he might be able to meet either view that might be taken of his duty in the 
premises. At the opening of the twenty-eighth general assembly he com- 
municated his action to that body and, at the request of the two houses, reported 
the chapters prepared by him, — part to the committee of revision of the senate, 
and part to the judiciary committee of the house. 

Mr. Hurd, continuing his own account of his connection with the revision 
of 1874, says : "In consequence of the large amount of other business before the 
legislature, it became apparent that an adjourned session would be necessary to 
complete the revision, and only a few of the revised bills were passed at that 
session. A joint committee, consisting of Messrs. Clark W. Upton, Charles B. 
Steele, on the part of the senate, and Messrs. Milton Hay, John M. Rountree, 
and Charles Dunham, on the part of the house, was appointed, to which all re- 
vision bills that had not been acted upon by either house was referred. They 
were authorized to continue in session during recess, and, in conjunction with 
the acting commissioner of revision, to prepare all bills that should be found 
necessary to complete the revision, and make a printed report to the general 
assembly at its adjourned session. * * * Xhe report of the committee was 
printed, and presented to the adjourned session, at its opening January 8, 1874, 
and the bills thus presented were considered by the respective houses, receiving 



THE BENCH AND BAR OF ILLINOIS. 235 

such amendments as the legislature saw fit to make, and with a few exceptions 
were finally passed." 

By an act approved March 30, 1874, Mr. Hurd was appointed to compile, 
annotate, edit, and superintend the publication of all the general statutes of the 
state in force on the ist day of July, 1874, in a volume to be entitled, "The 
Revised Statutes of the State of Illinois, A. D. 1874." 

Mr. Hurd and his assistant, Harvey W. Booth, Esq., who acted as clerk of 
the joint committee and as assistant to Mr. Hurd, deserve great credit for the care 
as well as for the industry and fidelity with which they prosecuted their labor. 

Mrs. Myra Bradwell, who was the editor of the Legal News, and whose 
death was so great a loss to the profession, in a note prefixed to an edition of the 
Revised Statutes published in 1887, says: "The acts passed by the general 
assembly in 1887 made so many changes in the general laws of the state as to 
make indispensable another revision, that should contain all the laws of a general 
nature in force at the time of going to press, November i, 1887." Mrs. Brad- 
well secured the services of Mr. Hurd, the official reviser of the edition of 1874, 
to prepare the edition of 1887. ^^' Hurd edited the session laws from 1877 to 
1885, inclusive, and had large experience as a reviser who was not only familiar 
with every section of the written law, but knew its private history and how and 
why it. became a part of the revision. Mr. Hurd has continued to revise the 
statutes. His method is to state the time of the approval of the act by the 
governor, and when it took eflfect, referring to the Legal News edition of the 
session laws, and when the act was a part of the Revised Statutes of 1845 ^^ ^«^s 
referred to the page and section. Mrs. Bradwell continued the publication of the 
session laws until her death, and since that time Hon. James B. Bradwell, still 
retaining the services of Mr. Hurd, has published another revision, noting the 
changes in the law and giving to the profession the statutory law as it existed at 
the time of the several revisions. 

A most useful publication is that of "Annotated Statutes of the State of 
Illinois, in force May i, 1896," which will be, as I am informed, continued from 
year to year, embracing the revision of 1874 and all general statutes enacted since 
such revision, so far as in force, with digested notes of decisions, construing or 
illustrating their provisions by the courts of Illinois and of the United States, 
and historical notes, comparing the present statutes with previous legislation. 
The work is edited by Merritt Starr and Russell H. Curtiss, of the Chicago bar, 
and published by Callaghan & Company, of Chicago. 

In the preface to the work it is said by the editors that the distinctive features 
of this book are: "First, it contains the general statutes of the state now in 
force. It preserves the arrangement of the statutes adopted in the revision of 
1874 and the first edition and supplement of the present book. It contains a 
number of United States statutes, including those printed as preliminary matter 
in the revision of 1874, so far as now in force, — these have been printed with the 
related state statutes. It contains also a number of English statutes expressly 
held by our supreme court to be in force in this state and not easily accessible 
elsewhere. These are printed among the notes with the chapters to which they 





236 THE BENCH AND BAR OF ILLINOIS, 

relate. It does not contain purely appropriation acts, local acts, acts of a private 
nature, repealed acts, and some general acts which have been declared uncon- 
stitutional by the supreme court of the state. Second, this book contains a 
digest of the decisions of the courts of Illinois and of the federal courts, constru- 
ing or throwing light on the statutes of the state. Third, * * *' This book 
contains historical notes upon the sections of the statutes in detail, tracing the 
principal provisions through the previous legislation of the state to their present 
form. As a part of this historical matter there is added to the notes on each of 
the principal chapters a list of former general statutes on the subject-matter of the 
chapter, intended to cover the legislation of the state from its formation, in 
1818. to the present time." 

The statutes of the state of Illinois have been, by the various means to which 
we have referred, thoroughly revised, and are made accessible to the legal 
profession. 



CHAPTER XII. 

THE MACOUPIN COUNTY BAR— LAKE COUNTY LAWYERS. 

IlK ACOUPIN county was organized under an act of the legislature ap- 
lYl proved January 17, 1829. Thomas Carlin was then a state senator from 
^ ^ Greene county, and was active in procuring the passage of the act, and 
the county-seat of the new county was named in his honor, Carlinville. 

Senator Carlin afterward became governor of the state, elected in 1838. It 
is not certain whether Palemon H. Winchester or John S. Greathouse were the 
first lawyers to settle in Carlinville ; they were both residents of that town in 183 1. 
Judge Scott, in his volume, ^'Supreme Court of Illinois, 181 8," refers to him as 
"Winchester, named as counsel for appellee in same case (Coleen and Claypole 
versus Figgins), was evidently P. H. Winchester, a territorial lawyer (page 285)." 
He further says (page 286) : *'It has not been practicable to find any account 
of him other than the mention of his name as one of the lawyers of that time." 

Palemon H. Winchester, who was referred to by Judge Scott, was a native of 
Tennessee and was reputed to have been a nephew of General James W^inchester, 
who commanded the American forces at Frenchtown, or Raisin river, and sur- 
rendered them to the British commander, Procter. Major Winchester, as he 
was called, came into Illinois in 1817, and settled in Edwardsville, where later he 
married a daughter of Colonel Ben. Stevenson, who was then one of the leading 
citizens of Madison county. Colonel Stevenson w^as so intimate with Governor 
Edwards that the late Judge Benjamin Stevenson Edwards was named for him. 

In 1822 Winchester was indicted for the murder of one Smith, and Felix 
Grundy defended him. Judge Scott speaks of him as ''Solomon" H. Winchester, 
and says "The trial created a good deal of local excitement ; defendant belonged 
to a highly respectable family and had many influential friends." Winchester 
was acquitted, and after Macoupin county was established he removed to 
Carlinville, where he died. He was regarded by the people of the county as a 
good lawyer, but later he became intemperate and unreasonable. He died many 
years ago. 

John S. Greathouse also came to Carlinville before 1831. He was born in 
Shelby county, Kentucky. It has been impossible to obtain the date of his birth. 
He lived and practiced law a short time in Anderson county, Kentucky, at 
Lawrenceburg, and then removed to Illinois, and settled at Carlinville, or near 
the town, upon a tract of sixty acres of land. He built a good house, and kept 
an office in town. 

The editor of this work entered the law office of Mr. Greathouse in March, 
1839, and found what was then regarded as an excellent "law library," — Breese's 
Reports, published in 1831 (the ist of Scammon was not issued until December, 

237 




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THE BENCH AND BAR OF ILLINOIS. 239 

a part of each winter ; for a time he was a student at Illinois College, at Jackson- 
ville, and in 1850 he began a scientific course at McKendree College, at Lebanon, 
this state, where he was graduated in 185 1. In order to defray his expenses in 
obtaining this higher education he earned the means by his work on the farm, 
and by teaching school at intervals. 

In the winter of 1852 he became a resident of Carlinville and a student of 
law in the office of John M. Palmer. In 1854 he was admitted to the bar, and at 
once entered upon the practice of his profession, in which he continued till the 
breaking out of the war. In 1862 he raised a regiment, which was organized in 
August, at Camp Palmer, at Carhnville, being the One Hundred and Twenty- 
second Regiment of the Illinois Infantry Volunteers. He was elected and com- 
missioned colonel, was mustered into the service September 4th, and served 
till the close of the war. He was wounded in the battle of Parker's Cross Roads, 
December 31, 1862. Was appointed brigadier general, by brevet, for gallant and 
meritorious service in the field, to take rank from the 13th of March, 1865. 

After the close of the war he resumed the practice of law. He early rose to 
prominence in his profession, which he has ever since maintained, is an effective 
speaker both before court and jury, and is recognized as one of the best political 
speakers in the state. 

In politics he was a Democrat till the year 1858, when he united with the 
Republican party, although the latter was in the minority in the state, and con- 
stituting less than one third of the voters of Macoupin county, in which he re- 
sided, and in fact it was in the minority in all the counties south of Springfield. 
At that time it seemed evident to his mind that the Democratic party was being 
used simply as a bulwark of slavery ; that the principles of Jefferson and Jackson 
were no longer respected by the party leaders, and that the party organization was 
controlled by the advocates of nullification and secession. Therefore he did not 
hesitate to abandon the dominant party. 

He has been honored with offices of trust and responsibility in his locality 
and also in the service of the state, and has declined others that have been ten- 
dered him, among which was that of United States district attorney for the 
southern district of Illinois. In 1872 he was a presidential elector on the Repub- 
lican ticket for the district in which he lives, and in 1876 he was elector for the 
state at large. In 1874 he accepted the Republican nomination for congress, 
in a district hopelessly Democratic, and was defeated. It may be mentioned in 
this connection, as an evidence of his popularity where he is best known, that, 
in opposition to the candidacy of William R. Morrison he has run several hun- 
dred votes ahead of his ticket in Macoupin county. In 1880 he was the choice 
of a very large following in the Republican party, for the office of governor of 
the state of Illinois, and in the nominating convention, after a prolonged contest, 
was defeated for the nomination, by the thoroughly organized forces of Governor 
Cullom, then the chief executive. In 1885 he accepted from Governor Oglesby 
the position of railroad and warehouse commissioner, and served as such during 
the following four years nearly. 

In 1894 General Rinaker was elected representative from the sixteenth 



240 THE BENCH AND BAR OF ILLINOIS, 

district of Illinois in the fifty-fourth congress as a Republican. General Rinaker 
is now in the full practice of his profession. 

October i6, 1855, General Rinaker was united in marriage with Miss Clar- 
issa Keplinger, of Franklin, Morgan county, Illinois, and they have four sons 
living, — Thomas, Samuel, John I., Jr., and Lewis. These sons are all graduates 
of Blackburn University. Thomas and Lewis are graduates of the law de- 
partment of the Michigan State University ; Samuel attended the law depart- 
ment of Yale University, and John I. graduated in the architectural department 
of the University of Ilhnois. Thomas is associated with his father in practice; 
Samuel is a successful lawyer at Beatrice, Nebraska ; John resides in Springfield, 
and Lewis in Chicago. 

Samuel Pitman, who came to Carlinville, in 1855, studied law with the 
writer and was his partner for many years. The firm of Palmer & Pitman did 
an immense business until May, 1861, when the senior member of the firm was 
elected to the command of the ninth congressional district regiment, which was 
afterward numbered as the Fourteenth Illinois Infantry. Mr. Pitman is a good 
lawyer, has remained in Carlinville and is still living. He came from Jersey 
county, is a member of a most respectable family and is a bachelor. 

Robert B. Shirley was born on a farm in Madison county, on the 9th day of 
October, 1850. He studied law with Judge William R. Welch, and was ad- 
mitted to the bar in 1876. He is a Democrat, and his first presidential vote was 
given for Horace Greeley. He is now a circuit judge, by a second election. 
He is an excellent, painstaking judge. 

Lewis P. Peebles, who for seventeen years occupied the bench of the county 
court of Macoupin county, and is now practicing at the bar of Carlinville, w-as 
born July 13, 1836, in Chesterfield, this county, and is the youngest of five broth- 
ers, whose parents were Jesse and Margaret (Reeder) Peebles. The paternal 
grandfather of our subject was one of the Revolutionary soldiers and serv^ed with 
General I'Vancis Clarion in South Carolina. His father was a farmer bv occu- 
pation and also a local minister in the Methodist Episcopal church. His mother 
was a direct descendant of William Henry Harrison. 

Lewis P. Peebles spent his boyhood days on his father's farm, assisting in 
the work of plowing, planting and harvesting, and through the winter months 
attended the district schools of the neighborhood until attaining his majority. 
W'hen twenty-three years of age he left home, and going to Pittsfield, Illinois, 
began reading law in the office of Hon. W^illiam A. Grimshaw, a distinguished 
lawyer and a leader in political affairs. Thus Mr. Peebles occupied his time until 
August, 1862, when feeling that the country needed his services he *'donned the 
blue" and went to the front as a member of the One Hundred and Twenty-second 
Illinois Infantry. He was chosen captain of Company D, and with that rank 
served in the western department from Cairo to Mobile. Much of the time he 
was opposing Forrest in western Tennessee. He was mustered out July 15, 1865, 
at Mobile, and honorably discharged on the 4th of August, at Springfield. 

Mr. Peebles then resumed the study of law with W. R. Welch, and was ad- 
mitted to the bar at Carlinville in 1867. Owing to poor health, however, he 



THE BENCH AND BAR OF HJJNOIS. 241 

did not begin practice until 1870. He served as deputy sheriff for two years, 
and then formed a partnership with R. C. Smalley, now deceased. In 1873 he 
was elected county judge of Macoupin county and was re-elected for four con- 
secutive terms, while he held over for another year owing to a change in the law. 
His term on the bench, therefore, covered a period of seventeen consecutive 
years, and won him the highest commendation of the bar, while no better 
testimonial of the confidence reposed in him by the public can be given than 
the fact that he was so often called to the office by popular vote. His rulings were 
just, his decisions strictly impartial, and his opinions displayed a comprehensive 
knowledge of the law. On his retirement from the bench, he resumed the 
private practice of law and was alone in business until 1891, when his son Jesse 
was admitted to the bar and became his partner. In January, 1897, the present 
law firm of Peebles, Keefe & Peebles was formed, the second member being D. E. 
Keefe. 

The Judge was married on the i8th of March, 1869, to Miss Sarah E. Odell, 
of Carlinville, and they now have two children. 

Hon. Charles Augustus Walker, one of the oldest members of the Illinois 
bar, in years of actual practice, is a citizen of Carlinville, Macoupin county. 
Forty years ago he passed the required examinations and was duly admitted to 
the bar, since which time he has been an active worker in his profession. While 
the civil war was in progress he was elected to the lower house of the Illinois 
legislature, on the Democratic ticket. To that party he has always given his 
allegiance, and has been recognized as an influential factor in local state cam- 
paigns. When he was a member of the state assembly he took an active part 
in opposing the building of the new court-house in this county and was prom- 
inently connected with many important measures which received the considera- 
tion of our statesmen of the early war period. 

Mr. Walker is a native of Tennessee, his birth having occurred in the city 
of Nashville, August 21, 1826. He is a son of Abram S. and Rosina (Phelps) 
Walker, who were natives of Kentucky and North Carolina, respectively. The 
father was a man of prominence in his community, and was respected and ad- 
mired by all who knew him. In 1844, at a special election, he ran, as a Whig 
candidate, against John M. Palmer, Democrat, for the county judgeship of 
Macoupin county. 

When he was two years old Charles A. Walker became a resident of Illinois, 
and in this state he received his education. Having finished the curriculum of 
the common schools he entered ShurtlefT College and was still a student there 
at the time that the gold fever of 1849 swept the country. Like thousands of 
others, he decided to try his fortunes in the far west, and before the summer of 
1849 was ushered in he was starting on the long journey, accompanied by 
Charles Palmer (brother of John M.) and John F. Kellar, son of Samuel Kellar, 
an old citizen of Macoupin county. Mr. Walker remained on the Pacific 
coast about two years, and then returned to Illinois, settling in Carlinville. In 
185:2 C. A. Walker and Miss Permelia A. Dick, the daughter of Daniel and 
Susan Dick, respected citizens of Sangamon county, Illinois, were married. 

16 



242 THE BENCH AND BAR OF ILLINOIS. 

In 1856 Mr. Walker took up the study of law under the direction of Messrs. 
Gilhert & Rinaker, of Carlinville, and two years later, having been admitted 
to the bar, he opened an office and began a lucrative practice, which has ex- 
tended over two score years. In 1863 he became associated in partnership with 
John M. Woodson, son of Judge D. M. Woodson, of Carrollton. When Mr. 
Woo<ison removed to St. Louis, six years later, their business connection was dis- 
solved by mutual consent. Early in his professional life Mr. Walker gained an 
enviable position as a trial lawyer and in the esteem of his legal brethren, and 
by strict application and energy became thoroughly posted in the intricacies 
of the law. For years his practice has been extensive and remunerative, and 
his standing as a lawyer is above question. 

In 1871 Mr. Walker was honored by his fellow citizens, in being elected 
to the mayoralty of Carlinville. Seven years later he was elected to the state 
senate. During his senatorial career he succeeded in introducing and getting 
passed the first compulsory educational bill enacted in this state. From his 
early manhood he has taken gfreat interest in the cause of education, and for 
a number of years served as president of the Carlinville school board. 

William E. P. Anderson was bom May 31, 1850, in Shaw's Point township, 
Macoupin county, Illinois. He was the only child of Erasmus S. and Mary E. 
(Hogan) Anderson, who died of cholera, in 1851. He was then reared by his 
uncle, C. H. C. Anderson, now deceased, and in his early youth assisted in the 
labors of the farm, finding little opportunity to attend school. He was after- 
ward a student in the city free schools, then spent two years in Blackburn Uni- 
versity, and two years in the Illinois Wesleyan University. Thus, with a broad 
general knowledge to serve as a foundation for professional learning, he began 
to study law in the office and under the direction of John Mayo Palmer, in 1869. 
Subsequently he spent one year in a private school in Philadelphia, and in the 
spring of 1871 he read law in the office of the late Judge W. R. Welch. He was 
admitted to the bar August 31, 1871, and opened an office in Carlinville on the 
1st of June. 1872. He has since engaged in general practice and has secured 
a large clientage. 

In politics he has always been a stanch Democrat and has been an active 
worker in the party since 1872. In 1874 he was elected city attorney of Car- 
linville, and discharged his duties with such ability that he was re-elected in 
1875. In the spring of 1877 ^^ '^vas elected assistant supervisor of Carlin\dUe 
township, and was serving in that capacity when the court-house debt was funded. 
In 1887 lie was appointed master in chancery for Macoupin county, by Judge 
\\'. R. Welch, and has since held that office, by appointment, every two years. 
He also attends to the duties of a large general practice and occupies a leading 
place at the Macoupin county bar. In the fall of 1877 ^^ became a member 
of the firm of Anderson & Bell, which connection was continued until April, 
1896, since which time Mr. Anderson has been alone in business. He served 
for ten years as a member of the board of education, and for one year was its 
president. 

On the 23d of October, 1873, Mr. Anderson was united in marriage, in 



THE BENCH AND BAR OF ILLINOIS, 243 

Bloomington, Illinois, to Miss Nellie D. Hamilton, of that city, and they now 
have three sons, William H., aged twenty-four years, a graduate of Ann Arbor 
and now associated with his father in the practice of law ; Crittenden H. C, twenty 
years of age; and Walter Stratten, aged seventeen. 

Alexander H. Bell, of Carlinville, w^as born on the 29th of October, 1853, 
in Troy, Madison county, Illinois, and is the eldest of the three children of 
Thomas H. and Julia A. Bell, the former a wagon-maker by trade. One of 
their children died in infancy, and the sister is now the wife of T. K. Gore. 
Alexander H. Bell remained in the town of his nativity until nine years of age, 
and then accompanied his parents to Jerseyville, Illinois, where he remained 
five years. From that time until the fall of 1870 he was again a resident of 
Troy, and then came to Carlinville, in order to enter Blackburn University, where 
he pursued his education for three years. In the winter of 1873-4 he engaged 
in teaching school in Greene county, after which he returned to Blackburn 
University, where he was graduated in June, 1874. On the ist of September 
of that year he went to Medora, Macoupin county, to take charge of the schools 
of that place, where he remained as principal nine months. 

Mr. Bell began reading law in the office of C. A. Walker, of Carlinville, 
was admitted to the bar in June, 1877, and at once began practice, being asso- 
ciated for three months with his former preceptor. He then formed a partner- 
ship w^th W. E. R. Anderson, which connection was continued for over eighteen 
years. Since April, 1896, he has been in partnership with F. W. Burton. He 
is one of the best known and most popular and able lawyers of this section of the 
state. He served as city attorney from the spring of 1877 until the spring of 
1879, was state's attorney from 1880 until 1884, was mayor of Carlinville from 
1893 until 1895, and has been president of the board of education. He was 
also delegate to the Democratic national convention, in Chicago, in 1896, and the 
same year was chairman of the state convention, which met in Peoria. 

On the 20th of December, 1877, Mr. Bell was united in marriage to Miss 
Flora G. Mounts, of Carlinville, and they have two children. His life has been 
one of great activity and industry, and through industry and merit he has at- 
tained his prominent position in professional and political circles. 

Frank W. Burton, of Carlinville, was born on the 8th of October, 1857, 
in Bunker Hill, Macoupin county, Illinois, and is a son of Henry W. and 
Cornelia (Rider) Burton, whose family numbered but two children, the sister 
of our subject being the wife of Judge Shirley. The father served as circuit 
clerk of Macoupin county from 1868 until 1876, and was a man of considerable 
prominence in the community. 

Frank W. Burton spent his early boyhood days in Bunker Hill, and in 1869 
removed to Carlinville and entered Blackburn University, where he pursued 
a seven-years course of study and was graduated in 1876. He then began 
reading law, under the direction of Hon. C. A. Walker, and was admitted to the 
bar in February, 1879. The following summer he began practice in Carlin- 
ville, where he has since made his home. He was alone in business for a number 
of years, and therefore his advancement cannot be attributed to the aid of a 



244 THE BENCH AND BAR OF U^LINOIS, 

partner long and successfully established in business ; but, on the contrary, it 
is the outcome of his earnest application and thorough knowledge. It was 
not until April, 1896, that he formed a partnership, at which time he became 
associated with A. H. Bell, and together they have since engaged in general 
practice. 

Since 1880 Mr. Burton has been an active factor in politics in Macoupin 
county. In that year, and again in 1882, he was secretary of the county com- 
mittee of the Democratic party, and in 1890, 1892, 1896 and 1898 was its chair- 
man. In 1 88 1 he served as city attorney of Carlinville, and from 1884 until 
1892 was state's attorney of Macoupin county. He is now a trustee of Black- 
burn University, and is deeply interested in everything pertaining to the edu- 
cational, moral, social and material advancement of the community. He was 
married in 1880 to Miss Anna Robertson, daughter of Dr. W. A. Robertson, 
of Carlinville, and they now have two children, Cornelia and Robert. 

Edward C. Knotts, senior member of the law firm of Knotts & Terry, of 
Girard, Macoupin county, was born in Sangamon county, Illinois, on the 24th 
day of March, 1863, on a farm ten miles south of Springfield. His parents were 
Albion and Mary J. (Peddicord) Knotts, the former a native of Virginia, the 
latter of Kentucky. The father was one of the pioneers of Sangamon county, 
and there made his home until his death, in 1884. 

In the district school near his home the subject of this sketch began his 
education. By working as a farm hand during the summer seasons for several 
years he accumulated a few hundred dollars to be used in obtaining a collegiate 
education. At eighteen he entered Blackburn University, and later went to 
Knox College, in which institution he graduated in 1884, having completed, by 
rigid application and extraordinary industry, a six-years course of study in 
four years. Indeed, he really completed the course in less than four years, for 
he was so advanced and thorough in his studies that he was granted a diploma 
by the faculty of Knox College at the end of the winter term of his senior year, — 
three months before the fixed time for graduation, — which act on the part of the 
faculty was unprecedented in the history of the college. 

During the summer and fall of 1884 Mr. Knotts edited the Galva Standard, 
which supported General B. F. Butler for the presidency in the campaign of that 
year, and then did reportorial work for several of the leading newspapers of the 
south until the autumn of 1885, when he returned to Illinois and taught a dis- 
trict school in Macoupin county during the following winter and spring months. 
In the fall of 1886 he accepted the position of principal of the public school at 
Shipman, Illinois, where he taught during the two ensuing school years. 

While teaching school Mr. Knotts took up the study of the law, under the 
direction and supervision of the well known law firm of Anderson & Bell, of 
Carlinville, Illinois, and in the spring of 1888 opened a law office at Girard, 
Illinois, in the name of and in partnership with Hon. A. H. Bell, and in the year 
1889 he was admitted to the bar. After his admission to the bar Mr. Knotts 
succeeded to the business he had theretofore assisted in establishing, and con- 
tinued the same alone until 1894, when he formed a partnership with Charles C. 



THE BENCH AND BAR OF ILLINOIS, 245 

Terry, under the firm name of Knotts & Terry, which firm now occupies a prom- 
inent position at the bar of Macoupin and adjoining counties. The junior part- 
ner had previously been a student in the office with Mr. Knotts. so that their 
business relations have extended over a considerable period. 

In 1892 Mr. Knotts was elected to the office of state's attorney for Macoupin 
county, and during the four years he held such office he distinguished himself 
as a fearless, vigorous and successful prosecutor. He was also mayor of Girard 
from 1893 to 1895, in which position he displayed strong executive talents and 
succeeded in establishing many wholesome r;fforms in the municipal govern- 
ment. 

In 1893 Mr. Knotts was united in marriage with Miss Elizabeth A. 
Routzahn, of Girard, in which little city they reside and are widely and favorably 
known. 

LAKE COUNTY LAWYERS. 

CONTRIBUTED BY HON. HENRY W. BLODGETT. 

E. Winchester Hoyt located in Waukegan in the fall of 1844. He was 
born in Batavia, New York, in 181 8, was educated at Lima Academy, New York, 
and studied law with his brother, James G. Hoyt, who was afterward one of the 
judges of the New York court of appeals. Mr. Hoyt was a studious, hard-work- 
ing lawyer and gave promise of achieving abundant success in his profession, 
but he died in February, 1850. 

Isaac Hopkinson was born in Orange county, Vermont, in 1819, studied 
law and was admitted to the bar in his native state and settled in Waukegan 
in 1843. He had a fair measure of success in his profession, but died in 1850. 

Henry W. Blodgett* is one of the illustrious characters of the history of the 
bar of Illinois. Some other may have been more conspicuous for certain 
talents which go to make the popular lawyer, but in patient industry, sound 
judgment, clear conception of the spirit and scope of jurisprudence and in that 
intuitive perception of right which is almost an inspiration, Judge Blodgett has 
had no superior. He began practice during the formative period of the sub- 
stantial jurisprudence of the west. Throughout the period while the great out- 
lines of this jurisprudence were being estabHshed upon an enduring basis, one 
may trace the impress of his mind upon every important advance step, and he 
has been one of its important factors from that time to the present. 

Judge Blodgett is a native of Massachusetts, and was bom at Amherst, 
July 21, 1 82 1. His parents, Israel Porter and Avis (Dodge) Blodgett, were 
of old and good New England stock. His father was a blacksmith, as sturdy of 
character as of arm, and his mother was a woman of exceptional talent and educa- 
tional attainments; and both were sincerely and zealously devoted to the cor- 



* This review of the life of Judge Blodgett is supplied by the publishers of this work, 
and is not an integral portion of his own contribution. It is most consistently incorporated 
in this connection. 



246 THE BENCH AND BAR OF ILLINOIS, 

rect development and training of their children. When the future jurist was 
about ten years old his family removed to Illinois. Under his mother's instruc- 
tion he was fitted to enter the Amherst Academy, and at seventeen he went back 
to Massachusetts and became a student in that institution. He made the most of 
his opportunities there for a year and then came back to Illinois and engaged 
in teaching school and in land surveying, and was thus employed for several 
years. 

In 1842, at the age of twenty-one, Judge Blodgett began the study of law 
in the office of J. Y. Scammon and Norman B. Judd, of Chicago, and after three 
years' preparation was admitted to the bar, in 1845. Immediately thereafter 
he entered upon the practice of his profession at Waukegan, then known as 
Little Fort, and had the encouraging and discouraging experiences common 
to young lawyers. He was a hard worker, however, and soon demonstrated 
that his talent and learning were more than equal to his pretensions, and his 
industry and appreciation brought him not only success as a lawyer, but the 
acquaintance and confidence of leading citizens. In 1852 he was elected to the 
general assembly of Illinois, and was distinguished as being the first avowed anti- 
slavery man who ever occupied a seat in that body. In 1844, at twenty-three 
years of age, he had voted the anti-slavery ticket, and he was an outspoken 
abolitionist so long as there was work to be done for human freedom, and has 
been an unswerving Republican since the organization of that party. In 1858 
he was elected to the state senate. As a legislator he was one of the ablest and 
most useful in Illinois, and was largely instrumental in shaping the legislation 
of the state and in promoting the development of its internal resources by public 
improvements and otherwise. 

In 1851 he secured a special charter for a railroad along the lake shore 
from Chicago to Milwaukee, and was one of the active promoters of that enter- 
prise, being its attorney from the organization of the company and until it was 
absorbed into the Northwestern system, and he was for many years the prin- 
cipal attorney of the Chicago & Northwestern Railway Company. He also, 
in association with F. H. Winston, acted as local attorney for the Pittsburg. 
Fort Wayne & Chicago, the Michigan Southern, and the Rock Island & Chicago 
Railroad Companies. He has, perhaps, more knowledge in regard to these 
roads than any other one man. As a solicitor he was regarded as the equal of 
anyone in the northwest, and he became noted as one of the best railroad lawyers 
in the country. 

Nature seems to have designed Mr. Blodgett for a judge; his mind is one 
of the distinctively judicial order. He has been so important and beneficent 
a factor in formulating the laws of the state that his appointment by President 
Grant, in 1870, to administer them as judge of the United States district court 
for the northern district of Illinois met with the approval of the bench, bar and 
general public of Chicago and the state at large, and, indeed, of the entire north- 
west. His varied legal learning and wide experience in the courts and in great 
business affairs, the patient care with which he ascertained all the facts bearing 
upon every case which came before him, gave his decisions a solidity and ex- 



THE BENCH AND BAR OF ILLINOIS. 247 

haustiveness which usually made them final. They were impartial, simple m 
style, exact in diction, always lucid and forcible and never sensational, florid or 
highly ornate. 

To mention only a few of the eminent lawyers who pleaded their cases be- 
fore Judge Blodgett is sufficient to carry the mind back to days and events 
that have now become historical, and to a generation that has almost passed 
away. Roscoe Conkling came here from New York to argue several important 
cases; Robert G. Ingersoll was many times an advocate in Judge Blodgett's 
court, both before and after his removal to New York ; in a long list of important 
controversies Chief Justice Fuller was a familiar figure in the same forum ; Lyman 
Trumbull and James R. Doolittle were frequent pleaders before him; Matt H. 
Carpenter, from Wisconsin, and many others from other states, who were prom- 
inent actors in the history of' the country during and since the civil war, in con- 
gress and in the field, have appeared as advocates and conducted trials before 
Judge Blodgett. Every Chicago lawyer of high standing and the leading law- 
yers from the interior of the state practiced in his court. It would be surprising 
if in such a long experience on the bench there were not some who, whether as 
suitors or advocates before him, were dissatisfied with his rulings ; but the gen- 
eral sentiment of the bar toward him is that of unqualified respect as an upright* 
painstaking and conscientious judge. 

Considering the variety of the issues tried before him — for he sat as a crim- 
inal, as well as a common-law, admiralty and chancery judge, and was for several 
years a judge in bankruptcy — Judge Blodgett was long one of the hardest work- 
ing jurists in America. After the panic of 1873 an enormous amount of business 
was thrown into the federal court of Chicago, in consequence of the embarrass- 
ment of railroads and other corporations that were obliged to take advantage 
of the existing bankruptcy law, and with all these cases Judge Blodgett had to 
deal in his official capacity. The prosecution of the distillers and government 
officers charged with conspiracy to defraud the revenue, in 1876, still further 
increased the pressure of the work that was* imposed on him during the first 
decade of his services. In the disposition of these litigations, many of which were 
protracted and voluminous and keenly contested by the ablest lawyers of the 
day, Judge Blodgett won the admiration as well as the respect of the bar, all 
members of which were struck by the laborious industry with which he strove to 
master every detail of every case, the acuteness and penetration with which 
he grasped their essential points, the aptness of his logic in applying the law, 
and the uniform firmness of his decisions. He has a liking for mechanics and 
a faculty for understanding mechanical inventions which, had he not become a 
lawyer, would probably have caused him to become an inventor, and he early 
familiarized himself with the law of patents, copyrights and trademarks. So 
satisfactory was his disposition of numerous patent cases that patent lawyers 
who practiced in his court expressed their regret at his approaching retirement, 
and urged upon the president and senate of the United States the desirableness 
of appointing as his successor a judge, well informed as to patent laws. 

On the organization of the United States circuit court of appeals for the 



248 rilE BENCH AND BAR OF ILLINOIS. 

seventh circuit, in June, 1891, Judge Blodgeft was designated by Justice Har- 
lan and Justice Gresham to act as the third judge in that court. Following his 
appointment, in 1892, as one of the counsel for the United States before the 
Behring Sea tribunal of arbitration, with Hon. Edward J. Phelps of Vermont, 
ex-minister to Great Britain, as a colleague, he resigned his judicial office, and 
was succeeded by Judge Peter S. Grosscup. The ability with which he per- 
formed the duties of that appointment, which terminated with the announce- 
ment of the decision at Paris, August 15, 1893, was apparent from the beginning 
to the end of the settlement of that historic controversy relative to the seal fish- 
eries between the United States and Great Britain. 

An estimate of Judge Blodgett's standing in professional circles and in 
private life is probably best given in the words of a prominent lawyer who has 
known him long and well, and who says : 

I have tried important cases before eminent judges in New York, Massachusetts, 
New Hampshire, Ohio, Indiana. Michigan, Illinois. Wisconsin, Iowa, Kentucky, Missouri, 
Tennessee, Colorado, Utah and California, and never yet have appeared before one whom 
I consider the superior of Judge Blodgett. His greatness and usefulness as a judge con- 
sisted in his ability to do a vast amount of business and do it well. He has an acute and 
analytical mrnd, a marvelous memory, a wonderful knowledge and judgment of men and 
business affairs, a clear and quick insight, which enables him to look behind the scenes 
and comprehend the motives which influence and control men in the affairs of life. His 
knowledge of the law in all its branches is profound. He is equally at home in common, 
chancery, patent, admiralty, criminal, corporation and real-estate law, and few judges ever 
sat upon the bench whose decisions in cases governed by the constitution as statute have 
commanded more unusual approval or been more uniformly sustained. 

Although not physically strong, his powers of endurance were amazing. From 1873 
imtil 1883 an immense amount of judicial labor was forced upon the district and circuit 
judges of the northern district of Illinois. During those years Judge Drummond*s eyes 
were bad and he was in poor health generally, and most of the real work devolved upon 
Judge Blodgett. The bankrupt law of 1867 was then in full force and caused business 
enough for any ordinary judge. The failure of the Cook County, and the Second, Third 
and Fourth National Banks caused a large amount of important litigation which required 
decisions upon the then unconstrued and unsettled provisions of the banking law. The 
prosecutions under the revenue law were numerous, and many of the questions arising in 
them were difficult and often embarrassing. The common-law, chancery, admiralty and 
criminal dockets were crowded. During those years almost the entire business of the 
federal courts here was performed by Judge Blodgett. The bankrupt and national bank 
business was done generally between nine and ten o'clock in the morning. The 
chancery cases were generally submitted on printed and short oral arguments, and con- 
sidered nights and Sundays. The common-law and criminal dockets were cleared at almost 
every time. 

I have thought and have heard eminent practitioners of the Chicago bar, including 
Leonard Swett and William C. Goudy, say that in their opinion no other man could have 
been found who could, in those years, have done the amount of work that Henry W. 
Blodgett did and have done it so well. Between three and four hundred of his decisions, 
rendered between 1869 and 1892. are reported in ten federal reports. I think it is safe to 
say that a smaller proportion of his judgments were reversed than those of any other judge 
in the nation. In the trial of a case nothing escaped his attention, and often by a single 
question to a witness would throw a flood of light upon the point being investigated. His 
charges to the jury were models of clearness and brevity. His aim was always to secure 
right and justice, and his great mind, large heart and unflinching courage enabled him so 



THE BENCH AND BAR OF ILLINOIS. 249 

to do. Had he occupied the bench during the formative period of our jurisprudence, he 
would have ranked with Mansfield and Marshall. 

Judge Blodgett was married in 1850 to Miss Althea Crocker, of Hamilton, 
New York, and has had five children, three of whom are living. In his private 
life he is a model of benevolence and generosity, giving largely to charitable pur- 
poses, and many have grateful knowledge of his bounty. His deportment is 
characterized by courtesy and impartiality. He is a tireless reader, an inde- 
fatigable student, and has great power of concentration and a memory of such 
remarkable quality that he is able, wnth a moment's thought, to give exact 
details of any trial or case in which he participated, either as counsel or judge, 
at any time during his active career. In his religious views he is orthodox, but 
liberal. His deeds are indelibly written in the history of his time, so plainly 
that all may read. He is an old representative Chicagoan, and his public and 
personal history is inseparably connected with the jurisprudence of Illinois. 
Judge Blodgett still maintains his home in Waukegan. 

Elisha P. Ferry was born in Monroe, Michigan, in 1822, studied law with 
an elder brother, at Fort Wayne, Indiana, and in 1846 removed to Waukegan, 
where he enjoyed a large and lucrative practice. He was a member of the 
state constitutional convention of 1862, and served as a member of Governor 
Yates' staff, with the rank of colonel, during the governor's term. In the spring 
of 1869 he was appointed governor of Washington territory, and held that posi- 
tion for twelve years. On the admission of Washington territory as a state he 
was elected the first governor, and after serving one term very acceptably he 
declined re-election, on account of his precarious health, and soon afterward 
died, 

William S. Searles was born in Michigan, in 1821, and studied law at Ann 
Arbor. He located in Waukegan in 1848. He was an industrious and energetic 
lawyer, had a large and profitable practice, achieved a good standing in his pro- 
fession, and died in 1884. 

Clark W. Upton was born in Barrie, Vermont, in 1823, studied law in Mont- 
pelier, that state, and began the practice of his profession in Barrie, where he 
remained until the spring of 1850, when he removed to Waukegan. In 1874 
he was elected to the state senate, where he served one term, and was a member 
of the commission appointed to revise the statutes of the state. In 1877 ^^ 
was elected one of the circuit judges of the twelfth circuit of this state, and was 
three times re-elected, but declined a further re-election. He was one of the 
judgfes of the appellate court for the northern district of Illinois for four years, 
where he made an enviable record as a jurist. 

Elijah M. Haines was bom in Herkimer county. New York, in 1822. When 
he was about fourteen years old his family removed to Illinois, and located on a 
farm in the central part of Lake county, where he grew to manhood. He 
studied law in his leisure moments from farm work, and in 1852 was admitted 
to the bar and began practice in Waukegan. He was a tireless worker and, in 
addition to the labor incidental to his law cases, wrote and published books on 



250 THE BENCH AND BAR OF ILLINOIS. ' 

Township Organization, a Manual of Probate Law, and a treatise on the Powers 
and Jurisdiction of Justices of the Peace, and on The American Indian. In 1862 
he was elected to the state house of representatives, to which place he was after- 
ward three times re-elected, and was twice speaker of the house. He died in 
1887. 

Joseph L. Williams was bom in Orleans county, New York, in 1816, studied 
law with Hon. Noah Davis of that county, and was admitted to the bar in 1846. 
After practicing a few years in his native state, he removed to Waukegan, in the 
spring of 1851, where he practiced successfully until about 1876, when he re- 
moved to Colorado Springs, Colorado, where he practiced his profession until 
his death, in the fall of 1896. 

John L. Turner was born in Mahoning county, Ohio, studied law in Chau- 
tauqua county, New York, and in 1848 located for the practice of his profession 
in Waukegan. In 1858 he was elected county judge, and held the office until 
his death, in January, 1875. He was a faithful, conscientious lawyer and judge. 

Isaac L. Clarke was born in W^illiamstown, Vermont, on the 29th day of 
February, 1824. He graduated at Dartmouth College in 1848, and then re- 
moved to Waukegan, where he was principal of the academy for about three 
years, during which time he studied law, and was admitted to the bar. He 
was successful in his practice until he entered the army, in the fall of 1862, 
as lieutenant colonel of the Ninety-sixth Illinois Regiment, where he did good 
service until he was killed, in the battle of Chickamauga, in September, 1863. 

Francis E. Clarke was born in Williamstown, Vermont, March 4, 1829. He 
graduate'd in Dartmouth College in 1851, and directly after his graduation came 
to Waukegan, where he was principal of the academy a couple of years, during 
which time he studied law, and in 1854 was admitted to the bar and became a 
partner with his brother, I. L. Clarke, in the practice of his profession. In 1875 
he was elected county judge, to succeed Judge Turner, and held the office until 
1894. He is still living, and in the enjoyment of a profitable practice in his 
profession. 

James S. Frazer was born in northern Indiana, where he received his 
education, studied law and was admitted to the bar. In 1856 he came to Wau- 
kegan, where he formed a copartnership with Isaac L. and F. E. Clarke, and 
enjoyed a profitable practice until 1862, when he returned to Indiana and located 
at Warsaw. He was soon afterward elected one of the judges of the supreme 
court of that state, where he established a fine reputation as a jurist. After 
the expiration of his term as judge he resumed the practice of his profession, 
and in 1876 he was appointed by President Grant as a member of the com- 
mission for the distribution of the proceeds of the Alabama claims award, -where 
he did able service. He died, much loved and respected, about ten years ago. 

There are several members of the present bar who are making splendid 
records. 



' ' 'i T" 



CHAPTER XIII. 

LAWYERS IN CHICAGO. 

WILLIAM A. WOODS.— Absolute capability often (m>- 
stances, but is never brought into the clear lip-In of c •  . 
practical life. Hope is of the valley, wliiir ^i'^' -\ '. •• 
mountain top; so that personal advancement c •■■ - t- \ • 
who hopes alone, but to the one ^vh()se lu'i»r 
of action. Thus is determined the full mea.sur<' •■ 
who has had the prescience and power to dir- ' 
'/^finite ends, and well may we hold in hitjh rc^:«r«l t .. 
«ndeavor and personal accomplishment; for cause iiv'. < 
:hcir functions in full force. A\'hile huiulreds in or.i l'* • • . • 

from ])overty to affluence, there are comparatively ft v - 

"f admiration and honor by reason of the splcnditl iii.rr •• 

which have gained them precedence in the world of mental a 

rtot force is held to be the dominating intlucn^H^ in the atTaii> •' ' • •. 

t uitnry. and the greatest honor is due liim who has made ^ .•  

umities for mental development and has attaint d thereby the :.\ .• '»..t.u-- in 

*!ie realm of thought and intellectual potentiality Such is thr i.i > :'•.[! Iml-c 

U. oods has accomplished, and to-day he holds di^iiu.'Mve preceden* * .tii..T.i^ Uw 

'i'»!e jurists and legists of the nation. He is now the iiunnnbenl as nr.-iiit jn :;.;c 

• : the United States for the seventh di>trict, — to \\ir«h important cin.i rr-]>oji- 
^!i)lc office he was appointed by President Ilarristm. .>n the 17th <n Aiar^'h. 

Si;2. He is widely known in law circles throughoiu Mu- \ u'um, and liie d:>- 

• ngiiibhed appointment mentioned came to him as futiiit: ' ro^niition of talents 
•iiat have been developed through laborious and untiring t .^ .t 

A native of the state of Tennessee, William Allen \\<;. ..!n vxas born near 

i nrniing"ton, ^Marshall county, on the 16th of May, nS^j, bru!; the last born, 

\r.d the only son of Allen Xewton Wocjds and Martha lihukburn (^Ewing) 

\ uckIs. When he was but a month old his father, who was pursuing a theo- 

.'ical course, died, and the subject of this review became an inmate of the 

. nie of his maternal grandfather, William D. Ewing, who was a pro!?perous 

•j.tr. but who retained, contrary to the usual custom of the place and period, 

' . two slaves, — an aged couple who had been long in the family. The paternal 

• -p.jfatlier, whose holding of slaves was larger, was a man of prominence and 
'■:<-f!re in that section of Tennessee. When the Judge was seven years of 

his mother married Captain John J. Miller, who, being opposed to slavery. 

. ,\ til. in 1847, '^^'ith his family to Iowa, where he died soon afterward, i'luis 

. . . liiat William A. Woods passed his days upon the farm in the Hav.K« ye 

251 



,n/i /r I./ /) 



I 



CHAPTER Xlll. 



LAWYERS IN CHICAGO. 



WILLIAM A. WOODS. — ^Absolute capability often exists in specific in- 
stances, but is never brought into the clear light of the utilitarian and 
practical life. Hope is of the valley, while effort stands upon the 
mountain top; so that personal advancement comes not to the one 
who hopes alone, but to the one whose hope and faith are those 
of action. Thus is determined the full measure of success to one 
who has had the prescience and power to direct his efforts toward 
definite ends, and well may we hold in high regard the results of individual 
endeavor and personal accomplishment; for cause and effect here maintain 
their functions in full force. While hundreds in our great republic have risen 
from poverty to affluence, there are comparatively few who have won tributes 
of admiration and honor by reason of the splendid intellectual achievements 
which have gained them precedence in the world of mental activity. Mind and 
not force is held to be the dominating influence in the affairs of this enlightened 
century, and the greatest honor is due him who has made for himself oppor- 
tunities for mental development and has attained thereby the higher planes in 
the realm of thought and intellectual potentiality. Such is the task that Judge 
\\'oods has accomplished, and to-day he holds distinctive precedence among the 
able jurists and legists of the nation. He is now the incumbent as circuit judge 
of the United States for the seventh district, — to which important and respon- 
sible office he was appointed by President Harrison, on the 17th of March, 
1892. He is widely known in law circles throughout the Union, and the dis- 
tinguished appointment mentioned came to him as fitting recognition of talents 
that have been developed through laborious and untiring effort. 

A native of the state of Tennessee, William Allen Woods was born near 
Farming^on, Marshall county, on the i6th of May, 1837, being the last born, 
and the only son of Allen Newton Woods and Martha Blackburn (Ewing) 
Woods. When he was but a month old his father, who was pursuing a theo- 
logical course, died, and the subject of this review became an inmate of the 
home of his maternal grandfather, William D. Ewing, who was a prosperous 
farmer, but who retained, contrary to the usual custom of the place and period, 
only two slaves, — an aged couple who had been long in the family. The paternal 
grandfather, whose holding of slaves was larger, was a man* of prominence and 
influence in that section of Tennessee. When the Judge was seven years of 
age his mother married Captain John J. Miller, who, being opposed to slavery, 
removed, in 1847, with his family to Iowa, where he died soon afterward. Thus 
it was that William A. Woods passed his days upon the farm in the Hawkeye 

2SI 



252 THE BENCH AND BAR OF ILLINOIS. 

state until he had attained the age of fourteen years, incidentally profiting by 
such limited educational advantages as the locality afforded. He aften^ard 
found employment in a saw mill and in the village store. His alert mentality 
and intuitive appreciation quickened his ambition for securing wider educational 
facilities. By carrying a hod for the plasterers he worked out a subscription 
he had made to the building of an academy at Troy, Iowa, and in that institution 
he completed his preparation for college, serving meanwhile as assistant in- 
structor. He was an earnest student of not only the text books, but also of 
the problems that were calling forth the attention of the public, and thus he 
was led to take an advanced stand upon the temperance question and to be- 
come a prominent member of the Order of Good Templars. He was made 
chief of his home lodge and an officer in the grand lodge of the state, which he 
assisted in organizing when less than eighteen years of age. 

In 1855 the embryonic judge realized the long cherished desire of enter- 
ing upon a college course, and he matriculated in Wabash College, at Crawfords- 
ville, Indiana, where he pursued the classical course to its completion, grad- 
uating as a member of the class of 1859. He was a thorough, systematic and 
earnest student, displaying a special aptitude in mathematics, and for a year 
after his graduation he remained in his alma mater as an instructor in that 
particular branch of learning. It was within his collegiate experience that 
Judge Woods gave distinctive evidence, in another direction, of the breadth of 
his nature and of the humanitarian standpoint from which he viewed the prob- 
lems which were then agitating the public mind. Although his grandsires 
were both slaveholders, his father, as well as his stepfather, had been opposed 
to the institution, and even in his immature years he became a practical abo- 
litionist. A slave girl given to his mother by her father had thereby become 
the property of his father, who provided in his will that she should have her 
freedom upon attaining the age of twenty-one. The girl married, and before 
she was entitled to freedom gave birth to a boy, who was left as a slave in Ten- 
nessee, the mother accompanying the family to Iowa, in 1847. W'hen Judge 
Woods was in the midst of his college course, and when his finances were at 
such low ebb as to compel him to borrow money, he was urged to consent to 
the sale of the slave boy, who at that time would have commanded a good 
price: but he declined to profit in that way, and insisted that the boy should 
be brought north and given his freedom, which was done. 

Upon leaving college Judge Woods accepted a position as a teacher at 
Marion, Indiana, where he remained until the school was disbanded, owing to 
the excitement which followed the battle of Bull Run. Thoroughly loyal to the 
cause of the Union, he enlisted in a company which was organizing-, but by 
reason of an injury to his foot he was not able to go into the service. Mean- 
while, in view of his chosen vocation in life, he had pursued the study of law 
with diligence and marked proficiency. His reading had always been extensive 
and of wide range, but as a life work he had determined to enter the legal pro- 
fession, and from the time of his graduation had given close attention to technical 
study along that line. He secured admission to the bar in December, 1861, 



THE BENCH AND BAR OF ILLINOIS. , 253 

at Marion, and on the 17th of March, 1862, entered upon the practice of his 
profession in Goshen, Indiana, — a state which he has honored and dignified 
by his labors as a lawyer and jurist, as well as a man among men. The dreary 
novitiate which awaited him was short; almost from the beginning he was 
successful, and as he demonstrated his ability to handle complex and im- 
portant litigations his clientage grew rapidly in volume and in representative 
character. 

In 1867 Judge Woods was elected a member of the general assembly qf 
Indiana, where he served most efficiently on the judiciary committee, and in- 
troduced a number of bills, most of which found their way to a place on the 
statute books of the state. In 1873 he was elected judge of the circuit court 
for the thirty-fourth circuit of Indiana, composed of the counties of Elkhart 
and Lagrange, and was re-elected in 1878, without opposition, discharging 
the judicial duties with such ability as to gain a state reputation and to secure 
from the Republican convention of 1880 a nomination for the office of judge 
of the supreme court, to which he was elected. An article upon the supreme 
judges of Indiana, prepared by W. W. Thornton, and published in 1892, contains 
the following discriminating estimate : "By his experience on the nisi prius 
bench Judge Woods came to the highest tribunal well fitted for its exacting 
duties. He was and now is a man of splendid physique. He is a man of orig- 
inality, depending less than the ordinary judge upon precedents and the opin- 
ions of others. He is fearless, and does not hesitate to express his views when 
duty requires him to do so. Somewhat combative in his nature, but not offen- 
sively so, he is ever ready to meet an opponent. His independence of char- 
acter and thought has occasionally led him into error, though not seriously 
so. in his judicial opinions. The language of his opinions is forcible, and they 
are totally destitute of verbiage. He goes directly to the core of a case, decides 
it in a few paragraphs, reasoning out the controverted question, and citing few 
authorities. Although he was but little over two years on the supreme-court 
bench, he ranks as one of the strongest men who ever sat upon it." 

Judge Woods continued as a member of the highest judicial tribunal of 
Indiana from January, 1881, until May, 1883, when he was appointed by Presi- 
dent Arthur to the position of United States district judge for the district of 
Indiana, succeeding the late Judge Walter Q. Gresham, who had been ap- 
pointed postmaster-general. For almost nine years Judge Woods held this 
preferment, and within that time tried more than the usual number of political 
cases. The most important was the trial and conviction of parties indicted 
for conspiring to obtain unlawful possession of tally sheets containing a record 
of the vote in the city of Indianapolis at the congressional election of 1886. 
Judge Woods' construction of the statute applicable to the case was strenuously 
contested, but was sustained by the decision of the supreme court; In re Coy, 
127 United States, 731. The case which attracted most attention, however, 
was the proceeding against Colonel Dudley, charged with writing a letter from 
New York, within the campaign of 1888, advising bribery at the polls. The 
election was the most exciting ever held in the state, and charges of corrup- 




254 * THE BENCH AND BAR OF ILLINOIS. 

tion were freely made by both parties. A "confidentiar* letter, purporting to 
have been written by the chairman of a Democratic county committee to a sub- 
ordinate, had fallen into the hands of the enemy. It advised that voters who 
could be bought were simply floats and should be looked after closely, that 
no one mijifht escape. Another letter, over the alleged signature of Colonel 
Dudley, written on a sheet bearing the imprint of the Republican national com- 
mittee, and addressed to an unknown person in Indiana, was published by the 
Democratic state committee. It gave full and explicit directions concerning 
the election, and contained the offensive clause: ^'Divide the floaters into 
blocks of five, and put a trusted man, with the necessary funds, in charge oi 
these five, and make him responsible that none get away and that all vote our 
ticket.'' In his charge to the federal grand jury, which met November 14, 1888, 
Judge Woods called attention to section 551 1 of the United States revised 
statutes, which makes bribery an oflfense, and provides that any person who 
"aids, counsels, procures or advises any such voter, person or officer, to do 
any act hereby made a crime, * * * shall be punished by a fine of not 
more than five hundred dollars, or by imprisonment not more than three years, 
or both, and shall pay the costs of the prosecution." A consideration of this 
statute by Judge Woods and ex-Senator McDonald having developed a differ- 
ence of opinion between them as to its proper construction, Judge Woods pur- 
posely omitted any construction of the section, and gave his charge to the 
jury substantially in the language of the statute, so as to leave the district at- 
torney free to conduct the investigation before the grand jury in his own way. 
A month later, in response to a request for more explicit instructions, he quoted 
section 5511 of the statutes and added this construction: **But in any case, 
besides the mere fact of the advice or counsel, it must be shown that the crime 
contemplated was committed, or an attempt made to commit it." This precipi- 
tated a storm of partisan criticism. It was charged by the Democratic press, 
and by the senior member from Indiana upon the floor of the United States 
senate, that this construction was inconsistent with the first charge, and that 
the judge had been induced to shield the guilty by making indictment impossible 
unckr the construction of the law. The criticism having been repeated in 
words of bitter denunciation in the Democratic state platform of 1890, the 
judge published an elaborate statement of facts, with correspondence and data, 
which not only exonerated him from any possible suspicion of wrong-doing 
and inconsistency, but also showed his construction of the law to be correct. 
It also appears that his ruling was in exact accordance w^ith an early decision 
of the supreme court, in the case of the United States versus Mills, 7 Peters, 
137, which seems to have been overlooked until after public discussion of the 
subject had ceased. The vindication was complete. 

Judge Woods continued upon the United States district bench until March 
17, 1892, when, upon the nomination of President Harrison, he was confirmed 
and commissioned circuit judge of the United States, for the seventh district, 
and as such he presides in the circuit court of appeals, which sils in Chicago. 
He was well fitted by previous judicial experience and a profound know'ledge 




THE BENCH AND BAR OF ILLINOIS, 

of the law to assume the duties of this important and dignified of 
decisions which he has rendered upon this bench have won the co i 

and approval of the brightest legal minds of the nation. Among i 

cases which have been tried before him, the one that undoubted I 

great attention and general interest was the application for an inj ( 

behalf of the government, to compel the directors of the World's i 

Exposition to close the gates on Sunday. In the hearing of the < 1 
Judges Woods and Jenkins and Judge Grosscup, of the district cc i 
gether. The first two decided to grant the injunction, and each d i 
elaborate oral opinion in support of his decision. The former held t 
had been such a transfer of the possessions of Jackson Park to ' 

States for the purposes of the exposition as to vest in congress tl 
control, and that as congress had made Sunday closing a condition t 
it had voted an appropriation in aid of the exposition, and had re < 
commission to adopt a rule for the closing of the gates on Sunday, 
were accepted, the government had the right to exact compliance 
condition and rule. The further actions touching this matter are an in 
tion of the history of the litigations pertaining to the exposition, 
scarcely be referred to in this connection. A more detailed accoui 
in the sketch of Edwin Walker, — the eminent Chicago attorney, wh ' 
timately concerned with the litigation, on other pages of this volume. 

Another case over which Judge W^oods presided, and which ca 
the attention of the nation, was the trial, for contempt of court, of E < 
Debs, et al., in which Edwin Walker, special counsel, and Thomas E. i 
appeared for the government, and S. S. Gregory and C. S. Darrow fc 
fendants. In the opinion, filed December 14, 1894, the charge of 1 
was sustained, seven of the defendants being found guilty of contempt i 
in violating the injunction. In his opinion Judge Woods said, amo 
thing^s : "If men enter into a conspiracy to do an unlawful thing, and i 
to accomplish their purpose advise workmen to go upon a strike, knov i 
violence and wrong will be the probable outcome, neither in law nor i 
can they escape responsibility." The substance of the evidence is : * 
fendants, in combination with the members of the American Railwa^ 
and others who were prevailed upon to co-operate, were engaged ir ; 
spiracy in restraint or hindrance of inter-state commerce over the 1 
entering Chicago, and in furtherance of their design those actively eng 
the strike were using threats, violence and other unlawful means of 
ence with the operations of the road; that by the injunction they we : 
manded to desist; but, instead of respecting the order, they persisted i 
purpose, without essential change of conduct, until compelled to yield to s . 
force. The court, therefore, finds the defendants guilty of contempt, as ch ] 

In an address delivered before the Marquette Club, of Chicago, in 
ary, 1898, Justice Brewer, in reviewing the animus and results of th<: 
strike, paid to Judge Woods the following high tribute: "The great st 
which this city was the historic center attests the wisdom of judicial ii 



256 THE BEXCH AXD BAR OF ILLINOIS. 

ence. * * * The peaceful ending of that strike is a supreme attestation 
of the power of the American people to govern themselves. That honest and 
true-minded men were in both sides of that controversy no sensible man doubts, 
and that it was settled judicially, and not by bayonets and bullets, is the glory 
of all. And here let me say in passing that the hero of that struggle for the 
domination of law was Circuit Judge William A. Woods, whose name will be 
revered and honored through the coming ages, long after the memories of his 
critics and assailants shall have become, like the body of Lazarus, four days 
in the grave." 

On the 6th of December, 1870, was solemnized the marriage of Judge Woods 
to Miss Mata A. Newton, of Des Moines, Iowa, and of this union two children 
have been born, namely : AHce Newton, who is an art student, and Floyd 
Allen, who is a lawyer at Indianapolis. 

The social qualities of Judge Woods have won him many friends, both 
within and extraneous to professional circles, and his rich fund of knowledge, 
as combined with a genial personality, make him an approachable and com- 
panionable gentleman, — one who realizes the true values of life and recognizes 
How fatuous are pretentiousness and self-glorification. In his sixteenth year 
he became a member of the Presbyterian church, to w^hose general work and 
collateral charities he contributes a due quota. In his political adherency he is 
a stanch Republican, but no political preference has ever biased his judicial labors 
and actions. **He has a genius for the law," was the published expression of a 
prominent Indiana poHtician of opposing views in political matters. Courage, 
firmness, persistence in application, strength of will, tenacity of purpose, capacity 
for W'Ork and rugged honesty, — these are some of his dominating characteristics. 
He is recognized as a jurist of the highest integrity, careful and painstaking in 
research, deliberate and conservative in judgment. His sense of justice is 
strong and inviolable, and while his heart is tender, his sympathies are never 
misplaced. Whatever he may be off the bench, while discharging his duties he 
is strictly nonpartisan. Tyrian and Trojan are the same to him. His powers of 
reflection, naturally penetrating and comprehensive, have been matured and 
strengthened by years of experience. His record on the bench of the various 
courts stamps him as an upright judge, and in all things above reproach. 
Another federal judge in a public speech said of him : "Than whom no judge 
on any bench can see further or more quickly into any question." Such men 
honor their profession and dignify human nature. 

Murray F. Tuley, judge of the circuit court of Cook county, is one of the 
best known jurists that Chicago has produced. A man of unimpeachable char- 
acter, of unusual intellectual endowments, with a thorough understanding of the 
law, patience, urbanity and industry, he took to the bench, upon his election 
in 1879, ^he very highest qualifications for what is one of the most responsible 
offices in the system of our state government; and his record as a judge has 
been in harmony with his record as a man and lawyer, distinguished by un- 
swerving integrity and a masterful grasp of every problem that has presented 
itself for solution. 



THE BENCH AND BAR OF ILLINOIS. 2^7 

Murray Floyd Tuley had come to this city from Kentucky, his native 
state. He was bom in Louisville, March 4, 1827, a son of Courtney M. and 
Priscilla P. (Buckner) Tuley, both of whom were of English extraction. In 
1832 his father died, and after eleven years of widowhood Mrs. Tuley married 
Colonel R. J. Hamilton, of Chicago. The future judge, at the time of his father's 
death, was but five years of age. He acquired his early education in the pub- 
lic schools of Louisville, and at the age of thirteen secured a position as clerk 
and errand boy in a country store. He improved his leisure hours in diligent 
studv, and thus made considerable educational advancement by the time he was 
sixteen. In 1844, when seventeen years of age, he began reading law in the 
office of his stepfather, who took much pains to instruct him, and in 1846 he 
entered the Louisville Law Institute, where he remained for a year, pursuing 
his studies under the direction of three distinguished professors, — Duncan, 
Loughborough and Pirtle. 

In the spring of 1847 J^^g^ Tuley returned to Chicago and was admitted 
to the bar, but almost immediately thereafter he offered his services to the gov- 
ernment and enlisted for the Mexican war, as a member of Company F, Fifth 
Regiment of Illinois Volunteers, of which Colonel Newby was in command. 
His ability was recognized by his election as first lieutenant of the company, 
with which he served until the close of hostilities. The brigade to which he 
was attached was under command of General Sterling Price, afterward one of the 
Confederate generals of the civil war, and his service was in New Mexico. 

Judge Tuley determined to engage in the practice of his profession in New 
Mexico at the close of the war, and opened an office in Santa Fe, where he soon 
won an enviable reputation that led to his appointment, in 1849, ^^ ^^^^ position 
of attorney-general of the territory, in which capacity he served with much 
credit for two years. He was also a member of the legislature of New Mexico 
in 1853-4, and left the impress of his individuality upon the legislation and 
jurisprudence of the territory. 

In 1854 Mr. Tuley returned to Chicago, where he engaged in practice for a 
time as a partner of Andrew Harvie. Later he was associated in business con- 
nection with Judge Gary and afterward with J. N. Barker. In 1869 he was 
appointed corporation counsel of the city of Chicago, which position he filled 
with marked ability, protecting the interests of the corporation in a way which 
added to his reputation as a lawyer and a citizen, who had the well being of this 
community at heart. He was the law officer of the corporation at the time of the 
great fire, and to his counsel and energetic action the people of Chicago are largely 
indebted for the successful spanning and bridging of the legal chaos in which 
the fire left them. He is essentially the author of the act of incorporation of 
cities in this state, under which Chicago is now acting ; he framed this act, and it 
was largely through his influence that it was passed in the state legislature. 
After serving as corporation counsel for four years. Judge Tuley resumed the 
private practice of law in 1873 as a member of the firm of Tuley, Stiles & Lewis. 
In 1878 he was elected alderman of the first ward and was a leading member of 
the city council. In 1879 he was elected a member of the circuit bench, and has 

17 



2S8 THE BENCH AND BAR OF ILLINOIS, 

won an enviable position thereon. He discharges the functions of his high office 
in the interests of right, and his decisions are clear, logical, and based upon law, 
of which he is an able interpreter. 

The Judge was married in 1851 to Miss Catherine Edmonson, of Missouri, 
and since 1854 they have resided continuously in Chicago, where he has a large 
circle of social as well as professional acquaintances and friends. 

John E. Kehoe is one of the younger members of the Chicago bar and has 
attained a position of distinction in the profession. He was bom in Sangamon 
county, Illinois, on the 26th of February, 1867, his parents being Patrick and 
Margaret (Brannick) Kehoe. They were natives of Ireland and came to the 
United States in early childhood, locating near Syracuse, New York. The 
father came»to Illinois when about sixteen years of age, taking up his residence 
in Sangamon county. After the inauguration of the civil war he enlisted in 
his country's service, in 1861, as a member of Company I, Fourteenth Illinois 
Infantry, which regiment was organized and commanded by General, then 
Colonel, John M. Palmer. Mr. Kehoe served as a private until the cessation oi 
hostilities in 1865. 

Reared in the county of his nativity, John E. Kehoe of this review acquired 
his preliminary education in the common schools of Waverly, and in 1884 entered 
Illinois College, at Jacksonville, in which institution he was graduated in June, 
1888. Having determined to make the practice of law his life work, immediately 
after his graduation he entered the law office of General John M. Palmer, under 
whose direction he continued his reading until admitted to the bar, in Springfield, 
in November, 1890. He remained, however, in the General's office until the fol- 
lowing year, when the latter was elected to the United States senate. 

In 1892 Mr. Kehoe came to Chicago to accept a position in the law depart- 
ment of Armour & Company, with which corporation he remained for two years, 
since which time he has engaged in the general practice of law with offices in 
the Temple. He served as attorney for the town of West Chicago in 1897, and is 
the twelfth-ward chief of the Tammany Society of Chicago. His practice has 
been of a very important character, including connection with some of the lead- 
ing litigation that has been heard in the courts of the western metropolis. He 
was one of the counsel for the defense in the second Luetgert trial and made one 
of the leading closing arguments. In speaking of this the Chicago Record 
said: ''Logically marshaling his facts and presenting the bits of evidence for and 
against Luetgert in such a manner as to throw a favorable light upon the de- 
fendant's actions, Attorney John E. Kehoe began his argument for the defense. 
Pleasant-voiced, easy of manner, and concise in his statement of facts, he held 
the attention of the jurors throughout the day. His gestures were as few as 
those of Mr. McEwen, but he frequently laid more stress upon his words and 
showed the oratorical training of the collegian in the modulation of his tone. 
The speaker, in well chosen English, made a plea which even the attorneys for 
the state admitted was diplomatic and ingeniously argumentative." In this as 
in many other important cases in which he has appeared it may well be said that 
the greatest characteristic of his mind was strength, his predominant faculty 




THE BENCH AND BAR OF ILLINOIS. 259 

was reason, and the aim of his eloquence to convince. To an understanding of 
uncommon acuteness and vigor he added a thorough and conscientious pre- 
paratory training, and he exemplifies in his practice all the higher elements of 
the truly great lawyer. 

Jacob R. Custer is a native of Pennsylvania, his birth having occurred in 
Chester county, on the 27th of May, 1845. His parents, David Y. and Esther 
(Rambo) Custer, were both born in Montgomery county, Pennsylvania, the 
former on the 26th, the latter on the 29th, of January, 1815. The father was a 
farmer and miller, and died in Pottstown, Pennsylvania, in March, 1895. His 
widow still survives, and maintains her home in that city. She was of Swedish, 
the father of German, lineage, and both were representatives of prominent fam- 
ilies of the Keystone state. Members of the Custer family still own and occupy 
land which was granted their ancestors by William Penn and of which no con- 
veyance by deed has been made. Others of the name removed to Ohio and 
founded the branch of the family to which General George A. Custer belonged. 
Peter Custer, the grandfather of our subject, was a native of Montgomery 
county, Pennsylvania, and bore arms in the war which brought to the nation 
her independence. 

' The public schools afforded to Jacob Rambo Custer his preliminary educa- 
tional privileges, and then within the classic walls of an old historical educational 
institution at Trappe, Pennsylvania, — Washington Hall, — he continued his 
studies through the summer months from 1861 until the fall of 1864, devoting the 
winter season to teaching. For several months he was a member of the Penn- 
sylvania militia, at the time of the invasion of the Keystone state and the battle 
of Antietam, in 1863. In the fall of 1864 he became a member of the sophomore 
class in Pennsylvania College, of Gettysburg, and in 1867 was graduated with 
third honors. The summer months passed and he then resumed study, but this 
time as a preparation for the bar, having determined to make the legal profes- 
sion his life work. His preceptor was William F. Johnson, an able lawyer of 
Philadelphia, who directed his reading for a year, after which he was matriculated 
in the Albany Law School, of Albany, New York. Upon his graduation from 
that institution in May, 1869, he was immediately admitted to the bar of New 
York, but wisely chose the growing west as the scene of his future labors and 
in the fall of that year came to Chicago. 

Steadily Mr. Custer has advanced until he now occupies an eminent position 
at the bar of the western metropolis, yet his progress has been made in the path 
which all must tread who seek professional preferment. Earnest study, close 
application, indefatigable energy and unfaltering determination, — these are the 
foundation of his success. He continued alone in business until June, 1879, 
when he formed a partnership with William J. Campbell, whose office he had 
shared for a year previous. This connection was continued with mutual pleas- 
ure and profit until the death of Mr. Campbell, March 4, 1896. On the ist of 
July following Mr. Custer entered into partnership relations with Lester O. 
Goddard and Joseph A. Griffin, and the firm of Custer, Goddard & Griffin soon 



26o THE BENCH AND BAR OF ILLINOIS. 

won a place equally prominent with that occupied by the former firm of Custer 

& Campbell. I 

In 1880 Mr. Custer was appointed master in chancery of the superior court 
of Cook county, serving in that capacity until 1892, when he resigned. From I 

lUR-r nnfil litfin lie cerve/1 3C tViB 3ttrM-n<iv fr.r fh» shfTtft nt Cnt^ir i-nntltu HnrmiT 



THE BENCH AND BAR OF ILLINOIS. 261 

a lawyer, his kindly impulses and charming cordiality of manner having rendered 
him exceedingly popular among all classes. 

Frederick Hampden Winston has been for thirty-five years a distinguished 
member of the Chicago bar, but is now living a retired life. He is a native of 
Georgia, his birth having occurred in Sand Hill, Liberty county, in 1830. His 
parents. Rev. Dennis M. and Mary (Mcintosh) Winston, were the owners of a 
number of slaves, but becoming imbued with the idea that slavery was wrong 
they removed to Woodford county, Kentucky, and there liberated their negroes. 
This disposal of their property largely diminished their capital, and when our 
subject was left an orphan at the age of twelve years his inheritance was very 
small save in the strong character, noble principles and honorable name which 
they left to him. 

However, he was educated in excellent private schools of Kentucky until 

sixteen years of age, when he entered upon his business career. He returned 

to Georgia with the intention of engaging in the cotton trade, then the principal 

industry of the south, and during the succeeding two years devoted his energies 

to mastering the trade of manufacturing cotton goods. In 1848 he was joined 

by others in organizing a company for the purpose of manufacturing cotton cloth, 

and by the company was sent to New^ York to superintend the construction of 

the needed machinery, but in 1850, when this task was completed he found the 

capitalists in the south were becoming very w^ary of making investments, and 

accordingly he abandoned the idea of devoting his energies to manufacturing 

and turned his attention to the law. After six months preHminary study in the 

office of the United States senator, Hon. W. C. Dawson, he matriculated in the 

law department of Harvard College. After his graduation in 1852 he spent six 

months in adding to his theoretical knowledge a good practical experience in the 

office of Hon. William M. Evarts, the most distinguished lawyer of New York. 

In 1853 Mr. Winston removed to Chicago, and after a few months formed a 
partnership with Norman B. Judd, a distinguished legist of that day. At differ- 
ent times he has since been associated with Mr. Frink, Henry W. Blodgett and 
his son, Frederick S. Winston, and through all the years of his active connection 
with the bar he maintained a foremost place among the brilliant representatives 
of the legal profession in Chicago. He was especially prominent in that branch 
of jurisprudence known as railway law, and for many years was chief general 
counsel for the Lake Shore & Michigan Southern, the Chicago, Rock Island & 
Pacific, and Pittsburg, Fort Wayne & Chicago Railroad Companies. After about 
thirty years of active practice, embracing service in the highest courts, Frederick 
H. Winston retired from the bar in 1885, and was succeeded in his large practice 
by his eldest son, Frederick S. Winston. 

For years Mr. Winston was an active leader of the Democracy, and though 
he had often been urged to accept nominations for high offices, he for the first 
time became an office-holder after his retirement from the bar, when he ac- 
cepted President Cleveland's appointment as minister to Persia. This enabled 
him not only to perform an important public service, but also to carry out his 
long cherished plan of traveling in the orient. In 1886 he resigned his official 




262 THE BENCH AND BAR OF ILLINOIS. 

position in Persia and spent considerable time in traveling through Russia, 
Scandinavia and several other countries. Upon his return to Chicago he 
embarked in various business enterprises, the most notable being the Union 
Stock Yards Company, of which he became president. He was also one of 
the organizers of the Lincoln National Bank and long served on its directory. 
For twelve years three Repubhcan governors kept him in the presidency of 
the board of Lincoln Park commissioners. Socially he is well known and is a 
valued member of the Germania Mannerchor, the Union Club, the Chicago 
Chib and the Iroquois Club. While in Charleston, in 1894, he was elected 
a member of the Society of Cincinnati, and in Boston, the same year, was 
elected a member of the Order of the Colonial Wars. 

On the 20th of August, 1855, Frederick Hampden Winston led to the 
marriage altar Miss Maria G. Dudley, a daughter of General Ambrose Dudley, 
of Frankfort. Kentuckv. Her death ot^curred in iRRi;. leavins' six children. 



THE BENCH AND BAR OF H.LINOIS. 263 

law in the office of Shorey & Norton, being admitted to the bar in October, 
1874. In 1880 he was licensed to practice before the supreme court of the 
United States. Although corporation law is properly his specialty, his knowl- 
edge of the law and its practice is very wide. He has been connected with 
some of the most important litigation that goes to form the judicial history of 
the state, and was the attorney for the commissioners whose duty it was to 
organize and put on a successful footing the World's Columbian Exposition. 
He was called upon to decide all legal questions arising, arranged its statutory 
declarations and its legal organization, and arranged for and superintended 
the balloting for the election of directors of a corporation whose shareholders 
numbered twenty-eight thousand. He had charge of the initial meeting of 
the stockholders, held April 4, 1892, at Battery D, on which occasion there 
were fifteen hundred persons present owning stock. 

In 1880 Mr. Hatch was united in marriage to Miss Grace H. Greene, who 
died April 20, 1886. In June, 1894, he wedded Miss Elizabeth W. Wright, of 
Northampton, Massachusetts. He is a popular and prominent member of 
various clubs, including the Union League, Chicago Literary, University, and 
the Chicago Press Clubs, together with the Chicago and State Bar Associations. 
In poHtics he is a gold Democrat. His connection with the public library 
covers the period from 1890, when he was appointed a member of the director- 
ate, and in 1896 he was elected president of the board. It was during his 
incumbency that the plans for the splendid public-library building were con- 
summated and the structure completed, at a cost of two million, one hundred 
and twenty-five thousand dollars, which amount was within the appropriation 
made for the purpose. Mr. Hatch was particularly engaged in securing the 
passage of the legislative measure necessary to the erection of the building, and 
to his efforts as much as to any other one man the magnificent library of the 
city is due, standing as a monument to the enterprise and untiring labors of 
some of the most progressive, far-seeing and broad-minded men of the metrop- 
olis, of whom Azel F. Hatch is one. 

Elbridge Hanecy. — To indulge in prolix encomium of a life which is emi- 
nently one of subjective modesty w^ould be palpably incongruous, even though 
the record of good accomplished and of high relative precedence attained might 
seem to justify the utterance of glowing eulogy. He of whom we write is 
a man of marked ability and vitally instinct with the deeper human sympathies ; 
and yet he shuns everything that partakes of compliment or self-aggrandize- 
ment, and in this spirit would the biographist wish to have his utterances 
construed. 

Judge Hanecy was born in Wisconsin, on the 15th of March, 1852, and 
is a son of William and Mary (Wales) Hanecy, who were natives of Massa- 
chusetts, from which state they removed to Wisconsin about 1850. The father 
served in the Mexican war as a non-commissioned officer and was engaged in 
mercantile pursuits in Springfield, Massachusetts, prior to his removal to the 
west. On his arrival in Wisconsin he purchased a tract of land in Dodge 
county, where he carried on agricultural pursuits until his death, in 1852. 




264 THE BENCH AND BAR OF ILLINOIS. 

The mother afterward married Albert Littell, who served in the war of the Re- 
bellion and died while on his way home, after the close of hostilities. 

The Judge acquired his preliminary education in the common school of his 
native state and afterward pursued his studies in the College of Milwaukee. 
Reading and stud}' has ever been with him a source of dehght, and he is a 
man of broad general information. 

His connection with Chicago dates from 1869, when he came to this city 
and accepted a position with the firm of Field, Leiter & Company, with whom he 
remained until the memorable fire of 1871. He was afterward with John V. 
Farwell & Company for a short time; but, wishing to enter a broader field of 
labor and one more congenial to his tastes, he engaged in the study of law 
in the office of Her\'ey, .-\nthony & Gait, under whose preceptorship he con- 
tinued his preparatory reading until his admission to the bar. September 11. 
1874, when he immediately entered upon the practice of his chosen profes- 
sion. In 1889 he formed a partnership with George P. Merrick, who had 
formerly been a law student in his office, and the firm of Hanecy & Merrick 
continued at the head of an extensive and successful law business until the 
election of the former to the circuit bench. In his profession he is an untiring 
worker, and while in active practice prepared his cases with the utmost regard 
to the detail of fact and the law involved. He never lost sight of even the 
most minor point which might advance his clients' interest, and at the same 
time gave full weight to the important point upon which the decision finally 
turned. His argument was inci.sive and logical, his enunciation clear and 
decided, and his delivery strong. He stooped to no questionable methods, was 
fair and just to the opposition, and won the sincere respect of the members of 
tlie bar. On the bench his administration has been uniformly marked by 
commendable dignity and the most scrupulous regard to justice. He looks 
upon the law as a system of social and political philosophy, and not as a collec- 
tion of arbitrary rules founded on technical distinction. His style as a judge 
is clear, accurate and concise, and in reading his opinions no doubt is left on 
the mind as to the point decided. His language is chaste and forcible, while 
his composition is a model of judicial statement. He sat as a law judge from 
December, 1893, until July, 1895. when he was assigned as a chancellor of the 
circuit court, which position he held until September, 1897. He was three 
times elected umpire of the board of arbitration, the second and third years 
unanimously, for the adjustment of differences between the Bricklayers' and 
Stonemasons' Associations and their employers, — a fact that shows how greatly 
his fair-mindedness is regarded in the community. 

On the 1st of March. 1876. the Judge was married to Miss Sarah Barton, 
a daughter of William A. I'arton, and they have six children, — Olive, Edith, 
Ruth, Myra, Hazel and Harriette. Their only son is deceased. The Judge 
is prominently identified with a number of social clubs, including the Union 
League, Chicago Athletic and Washington Park Clubs, the Veterans' Union 
League and the Hamilton Club. He is especially interested in the welfare and 



THE BENCH AND BAR OF ILLINOIS. 

progress of the city and gives to all measures for the general gO' 
support of a public-spirited and broad-minded citizen. 

John C. King is a talented and successful lawyer, now the sen 
of the law firm of King & Gross, with offices at No. 89 East Washir 
He was educated in Cincinnati, Ohio, completing his literary educ 
Mary's College, in 1871. After the completion of his collegiate 
engaged in teaching school in Cincinnati for one year, and during 
attended lectures at the Union College of Law, ex-Governor Hoadl> 
of the instructors of the institution. Mr. King was admitted to 
Cincinnati in 1873, and for five years thereafter w-as a member of the 
Morrow & King. 

In 1878 Mr. King came to Chicago, was admitted to the bar of Co 
and for twenty years has maintained a foremost place in the profess 
city. From 1880 until 1895 he was largely engaged in the practice c 
law and tried more than one hundred murder cases, in each instar 
his client from the gallows. He never loses sight of a single point 
advance the interests of his clients, and at the same time gives to ea< 
importance, never failing to keep in the foreground the main point at 
that upon which the decision of a case finally turns. He has splendid 
power, is earnest, eloquent, forceful and logical, and while touching 
tions of his hearers he never fails to convince their intellects at the Sc 
Since 1895 he has practically retired from the practice of criminal 
gives his attention to civil litigation. He has a broad and compi 
knowledge of all departments of jurisprudence, and in the various 
of civil law has also won some notable victories which entitle him 
among the distinguished men who devote their energies to such prac 
was in 1891 that Mr. King formed a partnership with Alfred H. Gros 
the firm name of King & Gross, a connection that has now contini 
mutual pleasure and profit for seven years. 

Adams A. Goodrich is accorded a distinguished place among th« 
sentative American jurists, having gained an eminent position at the 
the second city in the Union. His abilities, natural and acquired, well 
for his chosen calling. He has that casl of mind, — an indispensable a 
of the successful lawyer, — which enables him to recognize beneath 1 
terior or surface formation the structural elements, and to determine 
flexible laws which underlie all things. It is this keen analytical power 
forms the foundation of success for every one who would gain distinc 
the greatest of all the learned professions, and it is a power which Mr. Gc 
possesses in an unusual degree. Careful preparation, earnest purpos 
above all a realization of the fact that to the law one must look for th 
tection of Hfe and property are also conspicuous elements in the profei 
career of him whose history we now essay. 

Bom in Jerseyville, Jersey county, Illinois, on the 8th of January, 
Mr. Goodrich represents one of the pioneer families of the state, his i 
Henry O. Goodrich, having located in Jersey county in 1839. He afte 




266 rnil BENCH AND BAR OF ILLINOIS. 

married Miss Jane A. Knapp, and it was through the assistance of his maternal 
uncles that Mr. Goodrich got his start in Hfe. He was educated in the public 
schools of Jerscyville until sixteen years of age, when, through the appoint- 
ment of his uncle, A. L. Knapp, then representing Illinois in congress, he 
entered the military academy at West Point, where for three and a half years 
he received the military and mental drill imposed by that institution. On 
account of ill health he was then forced to go to the west, where for two years 
he traveled in search of health. Returning then to his native town he decided 
to make the practice of law his life work and directed his energies to that end. 
His initiatory studies were pursued in the law office of his uncle, Robert M. 
Knapp, of Jerscyville, and later he continued the reading in the office of his 
uncle, Hon. A. L. Knapp, of Spring^eld. Upon examination by the supreme 
court at the capital city he was admitted to the bar in 1873 ^^^ ^^ ^^^^ opened 
an office in the city of his nativity. 

No matter what wealth one may possess individually, or how fortunate he 
may be in his ancestral connections, progress at the best can be secured only 
through individual merit ; and so, applying himself to his chosen work with unre- 
mitting ardor and zeal, Mr. Goodrich steadily advanced and soon left the ranks oi 
the many to stand among the successful few\ Upon his admission to the bar 
he did not cease to be a student, but has continued an extensive research in 
the realms of jurisprudence until its foundation principles and supplementary 
laws are found in the storehouse of his memory so well classified that time is 
never squandered in a search for the needed proof to apply to a controverted 
point. After some years successful private practice in Jerscyville, during which 
he secured a good clientage, Mr. Goodrich was elected state's attorney in 1878, 
and again in 1880 and 1884. In October, 1887, he resigned that position, 
having been nominated for the office of county judge, to which he was elected. 
During his term on the bench he opened an office in Chicago, and in August. 
1889, removed to this city, where he has since made his home. 

Mr. Goodrich has won high honors at the Chicago bar and is also well 
known to the profession here as a judge, having occupied the bench of Judge 
Prendergast during the latter's official term. Thus he acted as judge of Cook 
county, and his fitness for judicial duties was most marked. The judge on 
the bench fails more frequently, perhaps, from a deficiency in that broadminded- 
ness which not only comprehends the details of a situation quickly, but also 
insures a complete self-control even under the most exasperating conditions 
than from any other cause ; but Mr. Goodrich was equal to all such demands. 
He was for the period of one year attorney for the drainage board, but resigned 
that position in order to devote his time to his large private practice. How- 
ever, after handing in his resignation, he was called upon by his successor to 
assist in many complicated condemnation suits. 

Judge Goodrich maintains membership relations with the Masonic, Knights 
of Pythias and Odd Fellow fraternities, having attained the Knight Templar 
degree in the first named, the Encampment degree in the last. His political 
support is unswervingly given the principles of Democracy, but political honors 




THE BENCH AND BAR OF ILLINOIS. 267 

and offices have had little attraction for him. He was appointed one of the 
three inspectors of the Chicago bridewell, and does all in his power to amelior- 
ate the condition of the unfortunate people there. His interest in the welfare, 
progress and moral and material advancement of the city is deep and sincere, 
and his efforts in its behalf are not without result. 

Edwin Walker. — It is not an easy task to delineate adequately the char- 
acter and labors of a man who has led an eminently active and busy life and 
who has attained to a position of high relative distinction in the more important 
and exacting fields of human endeavor. But biography, nevertheless, finds 
its most perfect justification in the tracing and recording of such a life history. 
It is, then, with a full appreciation of all that is demanded, and of the pains- 
taking scrutiny that must be accorded each statement, and yet with a feeling 
of significant satisfaction, that the writer essays the task of touching briefly 
upon the details of such a record as has been the voice of the character of the 
honored subject whose life now comes under review. 

In reverting to the genealogy of our subject we find that he is descended 
from a long line of sturdy, intelligent and honorable ancestors, and that in both 
the lineal and collateral branches representatives have been prominent in the 
history of the nation, — the family identification with the American colonies 
dating back, in certain instances, to -a period antecedent to the war of the 
Revolution. Edwin Walker, the well known corporation lawyer, is a man 
of distinguished professional attainments, holding marked prestige at the bar 
of the nation. No class of American citizens has or will wield a more potent 
influence upon the advancement and stable prosperity of the nation than the 
skilled and honorable lawyers, — the conservators of the eternal principles of 
right and justice. In a compilation of this nature there is peculiar propriety 
in according distinctive recognition to him whose name initiates this article. 

Edwin Walker was born in Genesee county. New York, in the year 1832, 
being the son of Obadiah and Phoebe (Cushman) Walker, the former of whom 
was a native of New Hampshire and the latter of Massachusetts, — both repre- 
senting families notable for mental and physical vigor. The father remained 
in the old Granite state until about the age of eighteen, when he removed to 
the central part of the state of New York, where he continued to reside until 
his death, — a period of nearly three-quarters of a century. He was a man of 
marked individuality and strong intellectual powers, devoted his active life to 
agricultural pursuits and was an influential factor in his section of the Empire 
state. Dominated by the highest principles of integrity and honor, he retained 
the esteem and confidence of his fellow men, and his life was prolonged to the 
unusual age of ninety-two years, his death occurring in 1887. Loyalty and 
patriotism were among his pronounced characteristics, of which he gave dis- 
tinct evidence by rendering active service in the war of 181 2. The mother of 
the immediate subject of this review died when he was a child of but three years. 
Reared on the parental homestead in Genesee county, Edwin Walker was 
accorded the advantages of as thorough an academic education as the place 
and period afforded, and at an early age he formulated his plans for the future, 




1 



268 THE BENCH AND BAR OF ILLINOIS. 

turning his attention to that profession in which he has attained such distinctive 
honors and success. He pursued his technical studies under effective preceptor- 
ship at Batavia. New York, and in 1854. at Buffalo, was admitted to the bar 
of his native state. Soon after his admission he came to the west, locating in 
the city of Logansport, Indiana, where he was engaged in the practice of his 
profession until 1865. At the very initiation of his specific career he recognized 
that the law demanded of its votaries a definite and undivided fealty, and he 
wisely and steadily set aside the alluring overtures tor his acceptance of political 
preferment, and by close application and assiduous toil soon attained prom- 



THE BENCH AND BAR OF ILLINOIS. 269 

^■alker became a party to the proceedings by intervention. A decree of fore- 
<:losure was entered and, upon his motion, provided for statutory redemption. 
^At the sale under the decree, in the interest of his client, he bid for the property 
about nine hundred and fifty thousand dollars, but John I. Blair, of New Jersey, 
^vas the successful purchaser. Under the decree, and in accordance with the 
statutes of the state of Illinois, the Chicago & Pacific Company, as defendant, 
could redeem the property from the sale within one year, upon the payment of 
the amount bid, together with eight per cent, interest thereon. Within a year 
Mr. Walker purchased for the St. Paul Company substantially all the capital 
stock and also all the judgments against the Chicago & Pacific Company. A 
special meeting of the stockholders was called, and by vote they authorized the 
lease of the road to the Chicago, Milwaukee & St. Paul Company, and also the 
execution of a new mortgage to secure a new issue of three millions of bonds 
upon the property. Mr. Walker had been elected president of the Chicago & 
Pacific Company, and with money furnished by the St. Paul Company re- 
deemed the property from sale under the decree. The lease was executed, the 
St. Paul Company entered into possession, completed the road, and now it is 
one of the principal lines of that system. This figures as the only case of the 
redemption of a railroad and all its property from sale under foreclosure decree 
by, or in the name of, the bankrupt defendant company. 

The other case to which we wish to make reference was the foreclosure 
of the mortgage of the Chicago, Danville & Vincennes Railroad Company, of 
which Mr. Walker was general solicitor. In 1874 the owner of nine of the first- 
niortgage bonds filed his bill in the circuit court of Will county, and, upon ex 
parte proceedings, had a receiver appointed, and was placed, by order of the 
court, in possession of the property. The bill made the trustees under the 
mortgage, as well as the railway company, parties defendant. An act of con- 
gress, defining the jurisdiction of the federal courts and providing for the re- 
moval of causes from state to federal courts, was passed by congress and was 
approved on the 3d of March, 1875. Mr. Walker, believing that the cause was 
removable under this act, prepared a petition, following as closely as possible 
the provisions of the law. The circuit court of Will county was not then in ses- 
sion, but the petition was filed with the clerk, and a transcript of the record 
requested. This was immediately prepared and was filed in the office of the 
clerk of the federal court. A motion to remand was interposed by the plain- 
tiff's counsel, and the motion was heard by the late Hon. Thomas Drummond, 
who was then circuit judge. After full argument, the court overruled the mo- 
tion to remand, and held that the cause was removable under the act of con- 
gress, and that the petition and bond followed substantially the requirements 
of the act. This was probably the first removal under the act of 1875, and 
Judge Drummond's construction of the act was the first considered by any 
court ; his construction has been recognized as the law under that act until the 
present date. Subsequently the trustees under the first mortgage filed a bill 
to foreclose, and upon motion the receiver appointed by the state court was 
removed and a new receiver appointed under the bill filed in the federal court. 



270 THE BENCH AND BAR OF ILLINOIS. 

A decree of foreclosure was entered in 1876, the property was sold thereunder 
and was conveyed by the purchasers to the present Chicago & Eastern Illinois 
Railroad Company. Mr. Walker, as solicitor for the railroad company and the 
trustees under the second trust deed, appealed from the decree to the supreme 
court. The supreme court reversed the foreclosure decree of the circuit court 
and the order of sale under the decree. The Chicago & Eastern Illinois had 
been in possession of the property for about five years before the decree of re- 
versal was entered. The cause was remanded and the litigation was continued 
by all parties in interest until 1884, when a compromise was effected between the 
Chicago & Eastern Illinois Company and the clients of Mr. Walker, and the 
title of the former to the property thereby perfected. Very many of the rail- 
roads of the country were seriously affected by the panic of 1873, resulting in the 
default in payment of interest on their bonds, and in the foreclosure of mort- 
gages, with eventual reorganization of new companies by the purchasers. In 
all this litigation the foreclosure case of the Danville Company was a leading 
case, and the rulings and orders entered in such cause by Judge Drummond 
were followed generally by other courts throughout the country, and finally sus- 
tained on appeals to the supreme court of the United States. 

Mr. Walker's ability, skill and tact as a trial lawyer were, perhaps, never 
more thoroughly demonstrated than in the divorce case of Carter versus Carter, 
where he was retained as leading counsel for Mr. Carter. His masterly cross- 
examination of Mrs. Carter, extending over two days, probably did more than 
anything else to win for his client the verdict of the jury. His manner in the 
conduct of a case is always cool and self-possessed, very quiet and deliberate, 
and he conducts the examination of a witness in an easy, conversational tone 
which usually results in eliciting the truth from the most obstinate witness. 
Nothing that opposing counsel can say, even though meant to annoy and irri- 
tate, can swerve him from the point at issue, and whatever may be the answer 
of a witness, however evasive or plausible, unless satisfied that it is substantially 
the truth, Mr. Walker returns to the attack, approaching the witness on an 
unguarded side, and usually brings forth a correct statement of the facts. In 
the presentation and argument of his cases before the courts nothing is more 
remarkable than the wonderfully deep penetration of his intellect, as shown 
in the masterly way in which he surveys the controversy as a whole, gprasps its 
salient features and marshals all its details in logical order and in one compre- 
hensive review. The clearness and force with which he states a case from his 
own point of view leaves nothing in doubt, and this very clearness takes the 
minds of his hearers forward with a persuasiveness which is almost convincing. 
Not less remarkable is his keen and' acute skill in analytical reasoning and in 
logical argumentation ; and of this every one of his oral addresses to the court, 
and each of his printed arguments in cases on appeal before the courts of last 
resort, gives abundant proof. These qualities have long been conspicuous in 
Mr. Walker's court work, and have gained for him the very highest standing 
as a lawyer, not only at the Chicago bar, but in the supreme court of the United 
States. In the many important railway and other litigations in which he has 




THE BENCH AND BAR OF ILLINOIS. 271 

been concerned, he has sometimes had opposed to him the most eminent cor- 
poration lawyers in the country; and all who have encountered him in the 
arena of forensic debate have had occasion to acknowledge the soundness of 
his judgment in dealing with large and important interests, and the uniform 
fairness which has characterized his attitude toward the other side. He never 
takes unfair advantage of his adversary, and never mistakes personalities or 
sharp saying for argument, but makes every attempt to meet the argumentum 
ad hominem to himself with a dignified rejoinder, which makes an impression 
all the more favorable to himself in the mind of the listener. In the words of 
one of the ablest leaders of thought in the present age, "In controversy his 
disciplined intellect preserves him from the blundering discourtesy of less edu- 
cated minds, who, like blunt weapons, tear and hack instead of cutting clean; 
who mistake the point in argument, waste their strength on trifles, misconceive 
their adversary, and leave the question more involved than they found it. He 
may be right or wrong in his opinion, but he is too clear-headed to be unjust ; 
he is simple as he is forceful, and brief as he is decisive." The justice of this 
characterization as applied to Mr. Walker will at once be recognized by his 
associates at the bar, since they have many times over had to admire the abso- 
lute candor and consideration with which it is his wont to treat them in the 
utmost heat of legal controversy. 

In his arguments before the courts and juries Mr. Walker attempts no 
rhetorical flourishes or oratorical effects, but his language is singularly well 
chosen and graceful, and though he rarely refers to notes, he always has a re- 
markable command of his case, and his arguments are interesting even to a non- 
professional listener. In talking to a jury he becomes to a certain extent a 
thirteenth juror, and reasons with them upon the facts in the case in a plain 
and effective manner. No man at the Chicago bar has ever enjoyed the con- 
fidence of the judges in a greater degree than Mr. Walker, and even jurymen 
who have never seen him before seem to become impressed with the conviction 
that his statements of both the law and the evidence are to be relied upon. In 
general practice Mr. Walker has held at all times a large clientage, being re- 
tained by many of the leading railroad companies of the country in special 
cases, and by many other large corporations. Of his connection with that 
magnificent triumph of the age, the World's Columbian Exposition, it is in- 
cumbent that we speak specifically, since he was not only one of its foremost 
promoters and efficient workers, aiding materially in securing to Chicago the 
honor of its location within her borders, but was conspicuously concerned in 
defining" its policies and in handling its interests in the various litigations in- 
cidentally encountered. 

Probably as complicated a piece of legal and corporate machinery as was 
ever created, and as comprehensive in the scope of its relations, was the World's 
Columbian Exposition, which closed its brilliant and successful career late in the 
year 1893, apparently undisturbed by one of the worst financial panics in the 
history of America. The marvelous range of its relations, the wonderful 
diversity of its interests, and the remarkably small number of instances of con- 




272 THE BENCH AND BAR OF ILLINOIS. 

flicting powers, through all the mazes of legislation and administration of so 
vast an enterprise, are not more worthy of consideration and record than is the 
skill that could so successfully master the great problems and pilot the enter- 
prise through its most dangerous storms to a successful issue. Some of its 
most trying situations were the result of legal complications, — complications so 
serious that at one time they threatened to involve the federal and state courts 
in a conflict over jurisdiction ; and for a period of a few days the directors of the 
exposition found themselves commanded by the state courts to open the gates 
on Sunday, and at the same time commanded by the federal courts not to open 
the gates on Sunday. It was in critical situations of this nature that the services 
of Edwin Walker were confidently relied upon by all connected w^ith the ex- 
position, and throughout the whole period covered by the exposition it required 
not only his ability as a lawyer, but his tact as a man familiar with the affairs 
of business and with the management of men, to overcome and avoid the diflS- 
culties and legal impediments incidental to so gigantic and unusual an enter- 
prise. 

Mr. Walker was one of the early promoters of the exposition, and during 
its period of organization he took an active part and was elected its temporar)' 
president. W hen the time came for the necessary national laws and the choice 
of a location for the great undertaking, Mr. Walker was made chairman of the 
subcommittee on legislation, and had charge of the work in Washington while 
congress was making its choice. After Chicago w'as chosen he was made 
chairman of the committee to draft and frame necessary legislation, and after- 
ward became a director, chairman of its legislative committee, and member of 
both executive and conference committees. He w^as at the forefront in al\ the 
litigation touching the exposition, guiding its legal matters through with un- 
precedented finesse and discrimination. His association with this litigation 
was so intimate and valuable, that it is but consistent that there be reproduced 
in this connection his own record of the complications encountered and sue- 
cessfully overcome. 

While he has been thoroughly devoted to his profession, Mr. Walker has 
also been identified with numerous business enterprises. More than a quarter 
of a century ago he formed a copartnership wuth Colonel W. P. Rend, in the 
coal and transportation business, and the firm of W. P. Rend & Company is 
one of the best known in the west, operating extensively in Ohio and Pennsyl- 
vania. The relations of these two men have been of the most intimate char- 
acter, and during their long copartnership nothing has occurred to mar the 
friendship formed so many years ago. Mr. Walker has many other financial 
and business interests of importance, but to these it is scarcely necessary to refer 
in detail. 

Though stanchly arrayed in the support of the Republican party and its 
principles, he wisely discriminates between the exigencies and differing neces- 
sities of local and national affairs, and he has always been ready, regardless of 
politics, to join with independent citizens in movements to secure the correction 
of local abuses in the administration of municipal affairs. He has been signally 



THE BENCH AND BAR OF ILLINOIS, 2 

averse to political preferment and party strife, and has invariably refused 
become a candidate for public office, preferring to devote his attention, w 
absolute singleness of purpose, to the profession in which he has attained 
marked prestige and success. A thorough and devoted churchman of t 
Protestant Episcopal church, Mr. Walker is a communicant of Grace chur 
in Chicago, and for more than a score of years he has been a member of i 
vestry, while for a number of years he has been senior warden, — an incumben( 
which he retains at the present time. To this important parish and to the woi 
of the church at large, as touching "all sorts and conditions of men," the sen 
ices and judgment of Mr. Walker have been invaluable. 

To only those who have the privilege of knowing Mr. Walker intimatel 
in his private and social relations can there come a full appreciation of the in 
nate worth of his character. Endowed by nature with a superior intellect, hi 
mind has been cultivated not only by reading, study, literary occupations anc 
extensive travel, but also in the vast and varied experiences of the great schoo 
of life. His manners are easy, dignified and refined, and he has that "grace 
ful tact and Christian art" which win the respect, esteem and admiration of al. 
who know him, while for those "in any way afflicted, in mind, body or estate,'' 
his sympathy is ever quick, constant and helpful. The perfect fairness and up- 
rightness of his disposition, to which we have already alluded in speaking of 
his conduct in the management of litigations, are exhibited by him in the varied 
affairs of life, and make friends of those who through circumstances have been 
placed in hostile relations to him. The rare qualities and splendid traits which 
designate the true Christian gentleman appear in all his intercourse with his 
fellow men. His kindliness, tender sympathy for the poor and distressed, and 
his lifelong fidelity to friendship have attracted to him a wide circle of friends 
in the city where he has passed the greater portion of his life and where he is 
regarded as one of its representative and valued citizens. 

In the year 1857 Mr. Walker was united in marriage to Miss Lydia John- 
son, daughter of Colonel Israel Johnson, a prominent merchant and honored 
citizen of Logansport, Indiana. She lived but two years after their removal to 
Chicago, but during the few years of their married life she became endeared to 
a large circle of friends, and promoted in every possible way the success of her 
husband. Of this union three sons were born. The two eldest, Edwin C. and 
J. Brandt, are married and have pleasant homes in Chicago. They are suc- 
cessful commission merchants, being associated together in business, under the 
firm name of W^alker & Company. The youngest son, William Earl, a boy of 
great promise, died in his twenty-first year, at the commencement of his senior 
year at Yale College. His scholastic attainments were of a high order, and he 
was being carefully educated and trained for the legal profession. In 1870 Mr. 
Walker consummated a second marriage, being then united to Mrs. Desdemona 
Kimball, daughter of Major Samuel Edsall, one of the oldest and best known cit- 
izens in the public and social life of Fort Wayne, Indiana. Few women in Chicago 
have a larger circle of social and admiring friends than Mrs. Walker, who pre- 
sides with dignity and gracious refinement over the pleasant home, — made the 

18 



274 THE BEKCH AND BAR OF ILLINOIS. 

more attractive by the presence of her two daughters. Misses Alma L. and 
Louise E. Kimball. Although a member of many prominent social clubs of the 
city, Mr. Walker finds his greatest solace and satisfaction with his family and 
friends at his attractive home on Michigan boulevard, participating in such 
social functions as his professional and other duties will permit. He has trav- 
eled extensively throughout the United States and abroad, and is constantly 
forming new friendships and associations. Though now (1898) nearing the 
psalmist's span of three-score years and ten, Mr. Walker has maintained to an 
exceptional degree his physical vigor, and gives no evidence of waning powers, 
save that he has to have more frequent recourse to travel and rest, thus reliev- 
ing himself in a measure from the manifold cares and responsibilities which 
have ever attended his wonderfully active and useful life. 

George Cook Fry was born in Selinsgrove, Pennsylvania, September 30, 
1846, and is a son of Conrad J. Fry, who in 1856 came with his family to Illinois, 
locating in Freeport. The subject of this review attended the public schools 
there, and in [864 entered the University of Michigan, in which institution he 
was graduated with the class of 1868. In the same year he began the study 
of law in the office of Bailey & Brawley, of Freeport, the members of tlie firm 
being the Hon. Joseph M. Bailey, aftenvard a member of our supreme court, 
and the late F. W. S. Brawley. During the winter of 1868-9 ^'r. Fry taught 
school, but at the same time continued reading law under the direction of the 
above named firm. After passing an examination he was admitted to the bar 
by Judge Sheldon, at Freeport, in August, 1869. and the same month came to 
Chicago as a clerk in the employ of Bailey & Brawley. who then removed their 
office to this city. He remained in the employ of that firm until shortly after the 
great fire of 1871, when. Judge Bailey being elected to the circuit bench. Mr. 
Fry entered into partnership with Mr. Brawley, with whom he was associated 
for two years. From 1883 until 1888 he was in partnership with George S. 
House, now of Joliet. and for the next five years was associated with James E.. 
Babb. one of the brightest of our younger lawyers. Mr. Babb then removed to 
Idaho, on account of ill health. Mr. Fry's present partner is James \V. Hyde, 
formerly of Freeport. The firm has pleasant offices in the New York Life 
Building, and docs a general practice, having a fair share of the public patronage. 

Mr. Fry shows the versatility of his legal powers by his successful conduct 
of various important cases of different kinds, and is known as a hard-working, 
painstaking lawyer. He usually gives his pohtical support to the Republican 
party, but is not a strict partisan. He belongs to the Douglas, Kenwood and 
Union League Clubs. 

In 1874 Mr. Fry was united in marriage to Miss Sue M. Lawyer, of Free- 
port. 

William Prentiss comt-s of a long line of lawyers, statesmen and soldiers. 
On the paternal side he is descended from Scotch and English ancestors who 
came to .Xmerica at an early epoch in our country's history and located in 
Massachusetts. Stanton Prentiss, the paternal great-grandfather of our subject, 
was a Revolutionary soldier and had charge of the La Fayette wagon train 



THE BENCH AND BAR OF ILLINOIS. 275 

during that momentous struggle for independence. The grandfather, William 
Prentiss, was a soldier in the war of 1812, and the diary which he kept during 
that period is now in possession of his grandson and namesake. Samuel Pren- 
tiss, a collateral relative, was United States district judge of Vermont for many 
years and was also United States senator from that state. George D. Prentice, 
the poet and brilliant editor of the Louisville Journal, was also of the same 
family, although the names are spelled differently. On the maternal side 
William Prentiss of this review is of Irish and German ancestry, and his great- 
grandfather, whose name was McGee, came from Ireland to the New World 
shortly before the Revolutionary war, in which he patriotically served under 
command of General Nathaniel Greene. 

William Prentiss was born in Davenport, Iowa, September 19, 1848, and 
during his infancy was taken by his parents to Schuyler county, Illinois, whence 
the family removed shortly afterward to Vermont, Fulton county, where the 
father, who was a physician, died in 1854. In i860 the mother married James 
Manley, a farmer of McDonough county, Illinois, and upon the farm of his 
stepfather Mr. Prentiss soon became familiar with all the duties and labors that 
fall to the lot of the agriculturist. He assisted in the cultivation of the fields 
through the summer months and attended the district schools in the winter 
season, and subsequently he continued his education in a seminary in Abing- 
don, Illinois, in the State Normal School, at Normal, and in Knox College, 
of Galesburg; but before the time of graduation his health failed and he was 
obliged to abandon his college course. 

In 1869 Mr. Prentiss removed to Minnesota for the benefit of his health 
and remained in that state for seven years. From the government he entered 
a tract of wild land which he transformed into a good farm, and in connection 
with his farming operations while in Minnesota he also taught school, and for 
three years was superintendent of schools of Cottonwood county. He also 
began the study of law while there, borrowing books from the Hon. Daniel 
Buck, of Mankato, now a member of the supreme court of Minnesota. In 1876 
he returned to Illinois, locating in Macomb, the county seat of McDonough 
county. Tw'O years later he was admitted to the bar and the same year was 
elected state's attorney of that county to fill a vacancy. In 1880 he was re- 
elected for a full term of four years, and discharged the duties of that office 
in a most commendable and satisfactory manner. In 1881 he was elected 
mayor of Macomb, which is the Republican stronghold of McDonough county, 
being the only Democrat elected to that office in more than twenty years. In 
1885, when he had been but seven years at the bar, he received the unanimous 
support of the legal fraternity of McDonough county, without regard to party, 
for circuit judge, and was nominated in the Democratic judicial convention 
for the fourth place on the ticket at a time when a law was pending establishing 
such an office. It, however, lacked a few votes of passing the lower house and 
Mr. Prentiss therefore did not become district judge, as he would undoubtedly 
have done had the law passed, for his district was strongly Democratic. As 
advocate or counsel he was retained on one side or the other of nearly all 



276 THE BENCH AND BAR OF ILLINOIS. ' 

important cases tried in the courts of McDonough county, and also had a large 
clientage in adjoining counties. While state's attorney in i88z he secured a 
verdict to liang Robert E. Gick for murder, that being the most important 
homicide case ever tried in the county and the only instance in which such a 
verdict was given. 

Seeking a still broader field of labor ATr. Prentiss came to Chicago in 1891, 
and almost immediately came into prominence as a leader of the Democratic 
party in this city. In 1893 he received the nomination for circuit judge of Cook 
county, but a Republican tidal wave swept the district that year and he was 
defeated, as he was again in 1897, when once more a candidate. He is, however, 
very popular in Democratic ranks and is highly esteemed by .many leaders of 
the party. He was a delegate to the last Democratic national convention and 
took a very active part in the campaign of 1896. 

In 1872 Mr. Prentiss was united in marriage to Miss Elizabeth Helen 
McCaughey, of Fulton county, Illinois, and to them were bom three sons. 
The eldest, James Manley, was drowned in 1893, at the age of nineteen years, 
while out boating on Lake Michigan. He was with a young lady whose lite 
he saved at the sacrifice of his own. The other sons, Jackson McCaughey and 
William, are attending school. Mr. Prentiss is a most genial man, of gentle- 
manly deportment and cordial disposition, and his social qualities render him 
a favorite in all classes, 

Edward M. Holloway, clerk of the United States circuit court of appeals, 
was born in Indiana, on the 30th of May, 1861, and is a grandson of D. P. 
Holloway, who for many years was a member of congress and United States 
commissioner of patents. His father, Colonel W. R. Holloway, of Indianap- 
olis, is now. 1898, consul general at St. Petersburg, Russia. 

Mr. Holloway came to Chicago seven yeafs ago, and has been connected 
with the clerk's office for about four years. On the 20th of October, 1898, he 
was appointed clerk of the United States circuit court of appeals of Chicago 
by Judges Woods, Jenkins and Showaller, then sitting on the bench, and took 
the place made vacant by the death of Oliver T. Morton. He did not ask the 
appointment and took no steps to secure it; it came to him spontaneously from 
the judges who were requested to make the appointment by the lawyers who 
practiced in the court and were familiar with the efficient and satisfactory man- 
ner in which Mr. Holloway had, tor a series of years, performed his duties as 
chief deputy clerk. He is justly a favorite with the court and bar. He is pleas- 
ing in manner, always obliging, and ready to give any information proper to be 
given in relation to the affairs of the office. 

Stacy Whitney Osgood, a practitioner at the Chicago bar, is a native of 
Ypsilanti, Michigan, born January 23, 1841, his parents being Leonard \V. and 
Elizabeth (Whitney) Osgood. In 1847 the family came to Illinois, locating in 
Rockton, Winnebago county, where the father's death occurred. The mother 
afterward removed to Winnctka, where her last days were passed. 

Stacy Whitney Osgood entered the public schools of Rockton and also 
pursued a high school course there, after which he took a special course in the 



\ 



THE BENCH AND BAR OF ILLINOIS. 277 

University of Michigan, and in 1864 was graduated from the law department 
of that institution. In the spring of that year he entered the law office of 
Blodgett & Winston, with whom he remained two years, and in 1866 he began 
practicing on his own account. He formed a partnership with Judge Frank 
Baker, which connection was continued five years, and then entered into part- 
nership with M. F. Riggle, which relation was maintained until the expiration 
of Mr. Osgood's term as assistant county attorney. Since that time he has been 
alone. He enjoys a fair patronage and makes a specialty of probate and realty 
practice. 

For a number of years Mr. Osgood has been an active factor in the village 
government of .Winnetka, where he is recognized as a most progressive and 
public-spirited citizen. He has served as president of the village board, is now 
a member of the council, and is chairman of the judiciary committee. In his 
political views he is a Republican, and socially he is connected with the Masonic 
fraternity. In 1867 he was united in marriage to Miss Mary Shaw, of Rock- 
ton, Illinois, and they have three children. 

Mrs. Myra C. Bradwell, a pioneer in the movement to give to women equal 
rights before the law and equal opportunities to labor in all vocations, demon- 
strated by her life work what women can do in activities heretofore monop- 
olized by men, and was one of the most remarkable women of her generation 
and one who had no small share in making that generation what it is. 

Myra Colby Bradwell was born in Manchester, Vermont, February 12, 
183 1. Her father, Eben Colby, was the son of John Colby, a Baptist min- 
ister of New Hampshire. The Colby family records show that Anthony Colby, 
the first of the family to settle in America, came to Boston from England in 
1630. Her father's mother was a lineal descendant of Aquilla Chase, a family 
that gave to the world the noted divine. Bishop Philander Chase, of the Epis- 
copal church, and Salmon P. Chase, chief justice of the United States. On 
her mother's side she was a descendant of Isaac Willey, who settled in Boston 
in 1640. Two membe/s. of the family, Albert and John Willey, served in the 
little army that suffered glorious defeat at Bunker Hill. In the history of her 
family one finds many distinguished men of varying activities in statecraft, on 
the field and in the domain of the professions. Never was heredity better ac- 
centuated than in this teacher, editor, lawyer. In the warp of her nature was 
woven the woof of that steriing New England character which has made such 
an impress on our national life. 

In infancy she was taken to Portage, New York, where she remained until 
her twelfth year, when she came west with her father's family. Her family 
were aggressive abolitionists and stanch friends of the Lovejoys. The story of 
the murdered martyr, Elijah Lovejoy, as recounted by a friend of her youth. 
Owen Lovejoy, made a d^ep impression upon her mind. Thus eariy wa^; iiu 
planted a hatred of slavery and injustice in the soul of one who was dc^tinca 
in subsequent years to bear a conspicuous part in freeing her sex from some of 
the conditions of vassalage in which it had stood, a champion who hrv^ke iMte 
of the strongest barriers to woman's enfranchisement, the bar, and paval tho 



THE BENCH AND BAR OF ILLINOIS. 279 

 misfortune, she stood cheery and indomitable, uttering brave prophecies of future 
good. Not an issue of her paper was lost ; but, hastening to Milwaukee, she had 
the paper printed and published on the regular publication day. 

She finally decided to apply for admission to the bar and to practice law. 
She had been permitted to work side by side with her husband as a most success- 
ful teacher; why not as a lawyer? And why not? Because, forsooth, of hoary 
precedent and musty precept, relics of feudal ages. In 1869 she passed a most 
creditable examination tor the bar, but was denied admission by the supreme 
court of Illinois upon the ground that she was a married woman, her married 
state being considered a disability. She knew that the real reason had not been 
given. Marshaling her forces with that rare generalship so characteristic of her, 
she filed an additional brief which combated the position of the court with great 
force and compelled the court to give the true reason. In due time the cburt, 
by Chief Justice Lawrence, delivered an elaborate opinion in which it was said, 
upon mature deliberation, the court had concluded to refuse to admit Mrs. Brad- 
well upon the sole ground that she was a woman. She sued out a writ of error 
against the state of Ilhnois in the supreme court of the United States. Her case 
in that tribunal was argued in 1871 by Senator Matt. Carpenter. In May, 1873, 
the judgment of the lower court was affirmed by the United States supreme court. 
Chief Justice Chase, who never failed to give his powerful testimony to aid in up- 
lifting woman from dependence and helplessness to strength and freedom, true 
to his principles, dissented. As has been well said, "Discussion o( the Myra 
Bradwell case had the inevitable effect of letting sunlight through many cob- 
webbed windows. It is not so much by abstract reasoning as by visible ex- 
amples that reformations come, and Mrs. Bradwell offered herself as a living ex- 
ample of the injustice of the law. A woman of learning, genius, industry and 
high character, editor of the first law journal in the west, forbidden by law to 
practice law, was too much for the pubhc conscience, tough as that conscience is." 
Although Mrs. Bradwell, with Miss Hulett, was instrumental in securing 
the passage of a law' in Illinois granting to all persons irrespective of sex 
freedom in the selection of an occupation, profession or employment, she never 
renewed her application for admission to the bar. Twenty years after, the judges 
of the supreme court of Illinois, on their own motion, performed a noble act of 
justice and directed license to practice law to be issued to her, and March 28, 
1892, upon petition of Attorney- General Miller, Mrs. Bradwell was admitted to 
- practice before the supreme court of the United States. 

A pioneer in opening the legal profession for women, Myra Bradwell's signal 
service to her sex has been in the field of law reform. With her, the conviction 
that a principle was right brought with it a sense of duty to labor for its adop- 
tion. With keen foresight she saw that the financial independence of women was 
the stepping-stone to their emancipation. She drafted the bill giving a married 
woman the right to her own earnings. A case in point, so monstrous in its 
injustice, gave an added impetus to her zeal. A drunkard who owed a saloon- 
keeper for his whisky had a wife who earned her own living as a scrub woman, 
and the saloonkeeper gamisheed the people who owed the wife and took her 



28o THE BENCH AND BAR OF ILLINOIS. 

earnings to pay her husbancrs liquor bill. It needed but an application like this 
for her to succeed in her efforts to pass the bill. She also secured the passage 
of the law giving to a widow her award in all cases. 'Believing thoroughly in 
the principle enunciated by John Stuart Mill,. "of perfect equality, admitting no 
privilege on the one side nor disability on the other," she was. an enthusiastic 
supporter of the bill granting to a husband the same interest in a wife's estate 
that the wife had in the husband's. 

She never missed an opportunity to try and secure any change in the law 
which would enlarge the sphere of woman. With this purpose in view she ap- 
plied to the governor to be appointed a notary public. Finding her woman- 
hood a bar even to this humble office, she induced her husband, who was in the 
legislature, to introduce a bill making women eligible to the office of notary pub- 
lic, which bill became a law. The bill drafted by her husband permitting women 
to act as school officers and which was passed while he Avas in the legislature, 
received her hearty support. Twice Mrs. Bradwell was honored by special 
appointment of the governor, being appointed a delegate to the prison reform 
congress of St. Louis, and it was mainly by her efforts that women, after'a severe 
contest, were allowed a representation on the list of officers, she declining to 
accept any office herself; subsequently she was appointed by the governor as 
one of the Illinois Centennial Association to represent Illinois in the centennial 
exhibition of 1876 and was treasurer of the woman's branch of this association. 
After the completion of the work several hundred dollars remained in her hands, 
which was voted to the Illinois Industrial School for girls at Evanston. Mrs. 
Bradwell was one of the founders of this school and for years a member of its 
executive committee, and for fifteen years its treasurer. By her individual 
efforts in 1869 Mrs. Bradwell obtained the signatures of all the judges of the 
courts in Cook county and many of the lawyers and ministers of the city to the 
call for the first great woman's suffrage convention to be held in Chicago. She 
was one of the workers in the suffrage convention held in Springfield in 1869 
and for a number of years one of the executive committee of the Illinois 
Woman's Suffrage Association. She also took an active part in the convention 
at Cleveland which formed the American Woman's Suffrage Association. 

A thorough Chicagoan, in the life, progress and best interests of her city she 
had a citizen's interest and a patriot's pride. She was untiring in her eflforts to 
secure the World's Fair for Chicago, accompanied the commission to Wash- 
ington, and rendered valuable services there in obtaining the location of the 
exposition in Chicago. She was appointed one of the Board of Lady Managers 
and was chairman of the committee on law reform of its auxiliary congress. It 
is interesting to note that the woman who labored so courageously, persistently 
and effectively to secure for women their rights was herself a representative in the 
first national legislature of women to be authorized by any government. 

Mrs. Bradwell was the first woman who became a member of the Illinois 
State Bar Association and the Illinois Press Association ; was a charter member 
of the Soldiers' Home Board, the Illinois Industrial School for Girls, the Wash- 
ingtonian Home and the first Masonic chapter organized for women in Illinois • 




1 ''.-^r 



THE BENCH AND BAR OF ILLINOIS. • 281 

was a member of the Chicago Woman's Club, the Daughters of the American 
Revolution, the Grand Army Relief Corps, the National Press League and the 
Woman's Press Association. 

A gentle and noiseless woman, her tenderness and refinement making the 
firmness of her character all the more eifective, Mrs. Bradwell was one of those 
who live their creed instead of preaching it. She did not spend her days pro- 
claiming on the rostrum the rights of women, but quietly, none the less effectively, 
set to work to clear away the barriers. If life is service, then truly did Myra Brad- 
well live, for the life of this noble woman was one of tireless activity of thought, 
of word and deed for the weal of humanity. A noble refutation of the ofttimes 
expressed belief that the entrance of women in public life tends to lessen their 
distinctively womanly character, she was a most devoted wife and mother, her 
home being ideal in its love and harmony. She was the mother of four children, 
two of whom survive her, Thomas and Bessie, both lawyers, and the latter the 
wife of a lawyer, Frank A. Helmer, of the Chicago bar. Mrs. Bradwell died 
February 14, 1894. 

Qf her Bishop Fallows truthfully said : "The ideal creation of the poet or the 
artist's imagination in the presentation of perfect womanhood has rarely been 
actualized in flesh and blood as in the character of this honored woman. The 
beauty of holiness, which is the beauty of wholeness, you will remember, was the 
conspicuous beauty of her character. It was the blending of strength and win- 
someness, of gentleness and firmness, of tact and persistency, of the lovy sweet 
voice so much loved in woman, with the ringing words for truth and justice and 
the enfranchisement of her sex, which are to reverberate through the ages for- 
ever, of the faithful pef formance of every home duty with the larger service to 
her country and her race." 

James. W. Duncan is one of the leading lawyers of the Chicago .bar. He is 

a native son of Illinois, born at La Salle, January 18, 1849, his parents being 

Nicholas and Isabella (McBoyle) Duncan. They were natives of Ireland and 

Scotland respectively, and came to the United States in early life, locating in 

La Salle, Illinois. James W. Duncan attended the common schools and later 

was a student in the University of Niagara, New York, after^which he began the 

study of law in the office of E. F. Bull, of La Salle. In 1871 he was admitted to 

the bar and practiced law in his native town until 1882, when he removed to 

Ottawa, where he continued until 1888, the year of his arrival in Chicago, and 

here he has since made his home. From 1876 until 1888 he was associated in the 

practice with Andrew J. O'Conor, under the firm name of Duncan & O'Conor, 

and from 1888 until 1897 was a member of the well known firm of Duncan *& 

Gilbert, of Chicago. His business has been extensive and embraces litigation 

in various departments of the law. 

In 1872 Mr. Duncan was united in marriage to Miss Bridget Cody, of 
La Salle, Illinois, who died- October 11, 1^98, leaving two children. In politics 
Mr. Duncan is a Democrat, and is a member of the Iroquois, Sheridan and Col- 
umbus Clubs. 

Edward Osgood Brown has been a practitioner at the Chicago bar for a 



282 THE BENCH AND BAR OF ILLINOIS. 

quarter of a century. At one of the first places where civilization was planted 
on New England soil he was bom, being a native of Salem, Massachusetts. His 
parents were Edward and Eliza Osgood (Dalton) Brown, and his birth occurred 
August 5, 1847. The family is of English origin, although connected with the 
history of America through many generations. It is probable that the first 
American ancestor of our subject was John Brown, who located in Ipswich, Essex 
county, Massachusetts, some time before 1650. Many representatives of the 
name were shipmasters and merchants, and the grandfather of our subject was 
one of the famous skillful and daring navigators who, about the beginning of the 
century, made Salem known throughout the civilized world. At one time, single- 
handed, he drove a piratical band of Malays from his ship, killing eight and dis- 
abling many more. 

In the old historic town of Salem Edward Osgood Brown was reared to 
manhood, acquiring his preliminary education in the public schools. Later he 
was a student in Brown University in Providence, Rhode Island, and in the 
Harvard Law School, of Cambridge, Massachusetts, pursued his professional 
education. For a year following his collegiate course in Brown University he 
devoted his energies to teaching in St. Mark's Academy, in Southboro, Massa- 
chusetts, and then began preparation for his chosen vocation, the law, as a 
student in the office of Ives & Lincoln, prominent attorneys of Salem. He was 
graduated in the law department of Harvard University in the class of 1869, and 
applied himself with such diligence to his studies and to the mastery of the prin- 
ciples of jurisprudence that he won first prize for an essay on Punitive Damages, 
which was later published in the Western Jurist. As assistant clerk of the 
supreme court of Rhode Island, he served from the time of his graduation until 
1870, when he was admitted to the bar of that state, at Providence, and at once 
entered upoji the practice of law as a member of the firm of Gorman & Brown, 
which connection was continued until April, 1872. 

At that date Mr. Brown came to Chicago in company with Orville Peckham, 
a college classmate, who for more than twenty-five years has been his law partner 
at the Chicago bar. Almost immediately they won prominence as practitioners 
in the western metropolis. The litigation resulting from conditions brought 
about by the great fire of 1871 was very extensive and of an important character, 
involving many intricate and perplexing questions. The services of men of skill 
and ability were in constant demand, and the firm of Peckham & Brown soon 
gained wide reputation as the result of their masterful handling of important 
litigated interests. Their attention has been largely given to corporation law 
and they are attorneys for the First National Bank of Chicago and for many 
other scarcely less important concerns. Mr. Brown was retained in the case of 
the People versus Knickerbocker, called the probate-court case, involving the 
constitutionality of that court ; the sanitary district or drainage cases, involving 
the constitutionality of the sanitary district laws; Zimgible versus Calumet 
Company, which involved a vast amount of real estate on the Calumet river; and 
the case of Roots versus Wilson, which, though only a private contention, was 
of such magnitude as to awaken widespread interest. He represented the com- 



THE BENCH AND BAR OF ILLINOIS. 283 

missioners of Lincoln park in the McKee scrip matter, where claimants, under 
congressional scrip, undertook to locate their warrants on millions of dollars' 
worth of property along the lake shore on the north side of Chicago, and is at 
present engaged as counsel in the suit by the West Park commissioners against 
the receiver of the insolvent National Bank of Illinois for the amount — over three 
hundred thousand dollars — ^held by E. S. Dreyer, treasurer at the time of the 
failure of that bank and his own. 

Mr. Brown is a member of the Chicago Bar Association and the Chicago 
Law Club, and ranks very high among his professional brethren, who unite in 
bearing testimony as to his high character and superior mind. 

In 1884 Mr. Brown married Miss Helen Gertrude Eagle, a representative 
of an old Detroit family and a niece of Rev. Walter Elliott, of New York, who for 
a while was editor of the Catholic World. They have five children, — three sons 
and two daughters, — namely: Edward Eagle, Helen Dalton, Walter Elliott, 
Robert and Mary Wilmarth. Mr. Brown is a member of the Roman Catholic 
church, a convert in his early youth. He is a valued and popular member of 
various social and literary clubs, was president during the World's Fair year 
of the Massachusetts Society in Chicago, has been vice-president of the Iroquois 
Club and chairman of its political committee, and belongs to the Chicago 
Literary, the University, the Sunset, the Columbus and the Chicago Single 
Tax Clubs, and the Catholic Literary Association. He gives an unfaltering sup- 
port to the Democracy and is an ardent believer in and supporter of the 
single-tax movement. He was a warm personal friend of Henry George, the 
exponent of the single-tax idea, and has written a number of very able articles 
on that subject. He has pronounced literary ability, and in addition to some 
valuable papers on medico-legal subjects, he is the author of three pamphlets 
on the early history of Michigan and Illinois. He is a fluent and forcible writer, 
adorning the sound logic with the beauties of rhetoric which serve to rob the 
most intricate and technical subjects of all prosaicness. His keen analytical 
mind and facile pen have made him well known as lawyer and author, and in 
those finer traits of character which endear man to man in ties of friendship he is 
royally endowed. 

Henry A. Ritter, a member of the well-known law firm of Defrees, Brace & 
Ritter, of Chicago, was bom in Selinsgrove, Pennsylvania, on the 1st of Novem- 
ber, 1857, and is a son of Captain Henry K. and Maria K. Ritter. The father 
was a soldier in the Union army during the civil war, serving as captain of Com- 
pany K, One Hundred and Eighty-fourth Pennsylvania Volunteer Infantry. In 
1865, he removed to Austin, Missouri, where he engaged in farming until his 
death, which occurred in February, 1879. His wife still survives him, and is yet 
a resident of that place. 

In the public schools of Austin Henry A. Ritter began his education, and in 
1876 he entered Wabash College, Crawfordsville, Indiana, where he completed 
the regular course and was graduated in June, 1881, with the degree of Master 
of Arts. In July of the same year he began the study of law in the office of 
Baker & Mitchell, at Goshen, Indiana, where he remained until December 3, 



284 



THE BENCH AND BAR OF ILLINOIS. 



1884, when he came to Chicago. In this city he was admitted to the bar in 
March, 1886, and has since engaged in the active practice of law. He was first 
associated with the firm of Shuman & Defrees, then for a short time was a 
member of the firm of Defrees & Ritter, and later a member of the firm of 
Aldrich, Payne & Defrees. On the ist of November, 1893, the present firm of 
Defrees, Brace & Ritter was formed, and has had a continuous existence since 
that time. The subject of this review has done not a little to win for it the high 
reputation which it now enjoys, and the important character of its legal business 
indicates the ability and legal talents of the partners. 

In April, 1891, Mr. Ritter was united in marriage to Miss Sarah E. Louder- 
back, of Chicago. Socially he is connected with the Marquette and the Uni- 
versity Clubs, and in the line of his profession he holds membership with the 
Illinois Bar Association. His political support is given the Republican party. 



CHAPTER XIV. 

REFORMS IN ABATEMENTS, AMENDMENTS AND PRACTICE AT LAW— 

IMPRISONMENT FOR DEBT. 

SINCE the revision of the statutes by Mr. Brayman, in 1845, ^^^ alteration 
and improvements in the statutes of Illinois chiefly relate to the subject 
of abatements, amendments and practice at law, which may be groupec 
together for convenience. Section 3, chapter i, in relation to abatements, pro 
vides that "No action or proceeding shall be defeated by plea in abatement, ii 
the defect found is capable of amendment, and is amended on terms prescribed by 
the court." 

The first paragraph of section i of chapter 7, entitled "Amendments," pro- 
vides that "the court in which an action is pending shall have power to permit 
amendments in any process or proceeding in such action, either in form or 
substance, for the furtherance of justice, on such terms as shall be just, at any 
time before judgment rendered therein, and by the "practice act," section 23, it 
is provided that "At any time before final judgment on a civil suit amendment 
may be allowed on such terms as are just and reasonable, introducing any party 
necessary to be joined as plaintiff or defendant, discontinuing as to any joint 
plaintiff or defendant, changing the form of the action, and in any matter, either 
of form or substance, in any process, pleading or proceeding which may enable 
the plaintiff to sustain the action for the claim for which it was intended to be 
brought, or the defendant to make a legal defense. The adjudication of the 
court allowing an amendment shall be conclusive evidence of the identity of the 
action." 

This act took effect, and was in force July i, 1872. The courts have en- 
forced the acts before mentioned, liberally, and the acts allowing amendments 
are a substantial reform in the laws, and do not affect the rule that "sound plead- 
ing is the life of the law," nor do they offer the premium to ignorance which is 
sometimes attributed to them. The common-law forms of pleading, when aided 
by statutes allowing amendments, are flexible and convenient. 

In the "code states," where the common-law forms of pleading and practice 
have been superseded by "the petition" (or by whatever name the plaintiff's 
pleading may be called), he must state such facts as will, if undisputed, entitle 
him to SL recovery, and the defendant's pleadings are required to be sufficient to 
show a defense to the plaintiff's action. Demurrers or exceptions are allowed 
in the code states, by which the sufficiency of all pleadings may be submitted 
first to the trial court and afterward to the court of appeal. 

But the most striking reforms effected by the statutes are those which relate 
to the production of evidence in civil and criminal trials. Section 16, chapter 30, 

28s 



286 THE BENCH AND BAR OF ILLINOIS. 

entitled "CTiiTiinal Jurisprudence," provides that "No black or mulatto person or 
Indian shall be permitted to give evidence in favor of or against any white per- 
son whatsoever; every person who shall have one-fourth part, or more, negro 
blood shall be deemed a mulatto, and every person who shall have one-hall 
Indian blood shall be deemed an Indian." 

The chapter entitled "Evidence and Depositions" of the Revised Statutes of 

1845, which applies to civil cases only (section 23), provides that (among other 
things) "A negro or mulatto person or Indian shall not be a witness in any court 
or in any case against any ivhite- person. A person having one-fourth negro 
blood shall be adjudged a mulatto." 

The writer has had some amusing experiences in the practical enforcement 
of the laws which exclude negroes from testifying against white persons. In 

1846. while exercising the office of probate justice of the peace of Macoupin 
county, a white man sued a negro before him on an account for a few dollars. 
On the appearance of the parties at the time fixed for the trial, the plaintiff 
sought to avail himself of the 39th section of the 59th chapter of the Revised 
Statutes, which provides that "in all trials before justices of the peace, when 
either party may not have a witness or other legal testimony to estab- 
lish his or her demand, discount or set-off, the party claiming such demand, 
discount or set-ofT may be permitted to prove the same by the testimony of the 
adverse parly, and if such adverse party should not appear at the time of trial 
or shall refuse to be sworn or to testify, the party claiming the same shall be 
permitted to prove his or her demand, discount or set-oflf by his or her own oath," 

The defendant — the negro — offered to be sworn as a witness and to testify 
as to the plaintiff's demand; the plaintiff objected to the testimony of the de- 
fendant on the ground that he was a negro, and the statutes prohibited him from 
being a witness in any court or in any case against a white person, and offered 
himself as a witness to prove his own demand. The probate justice of the peace 
(the writer) held that the statute made an exception in case of parties to suits 
before justices of the peace, and that the defendant was a competent witness, 
made so by the plaintiff himself. The plaintiff dismissed his suit, and his attor- 
ney loudly complained that the probate justice had permitted a negro to be a 
witness against a white person! 

Another case in which the writer was personally concerned grew out of the 
act of 1853, usually called "the Logan Law," for the reason that General John 
A. Logan, then a member of the house of representatives of the state of Illinois, 
introduced it into the house and secured its passage. This act, among other 
things, punishes the offense of bringing a negro slave into the state of Illinois, 
with the intent to set him free, by fine and imprisonment. 

A necro boy escaped from the rebel works at Xew Madrid and came into the 



THE BENCH AND BAR OF H^LINOIS, 287 

We reached home in Carlinville on the 3d of June, 1862, and remained until 
August, and I then returned to my command in the field. The negro boy re- 
fused to return with me, and at the September term of the circuit court of 
Macoupin county the grand jury indicted me, charging, in the indictment, that 
I had brought "one Martin, a slave, into the state of Illinois, with the intent to set 
him free." 

I was absent in the army at the September term oi the court, and the indict- 
ment was "stricken from the docket with leave to reinstate." On coming home 
I gave the state's attorney notice that at the December term of the circuit court, 
1864, I would move to reinstate the cause on the docket and demand a trial. 

At the December term the indictment was reinstated and the cause was tried 
by a jury. It is due to my professional brethren to say that without an excep- 
tion they offered to appear for me and defend me, but I declined their services 
with thanks, and told them that I expected to say to the jury what no attorney 
ought to say for a client : I expected to ask the jury to sign a petition to the 
legislature, requesting that body to repeal the law which rendered negroes in- 
competent to be witnesses against a white person. 

The jury was empanelled and sworn, and I told them in stating my case 
that the indictment charged that I had brought a slave into the state with 
intent to set him free. I also told them that the laws and policy of the state of 
Illinois presumed every person to be free, without regard to color, and that 
there was no other person in the county who could prove whether the person 
described in the indictment was or was not a slave, but that under the statute 
he, being a negro, could not be a witness against me. I said to the jury that 
he was honest and truthful, and that they, for want of proof beyond a reasonable 
doubt that the person described in the indictment was a slave, would be com- 
pelled to find me "not guilty," because the law excluded the only witness who 
had knowledge of that essential fact. 

I then handed to the jury a petition to the legislature, in which the facts 
were recited, praying for the repeal of the statute which rendered negroes in- 
competent as witnesses against white persons. The jury agreed upon a verdict 
of "not guilty," and seven members of the jury signed the petition. 

The legislature, which assembled in 1865, passed an act to repeal section 
16 of division 3, chapter 34, of the Revised Statutes, all of chapter 74 of said 
Revised Statutes and "an act to prevent the immigration of free negroes into 
the state," — commonly known as the "Black Laws." The act took effect from 
and after its passage, and the "Black Laws" disappeared from the statutes 
of Illinois. 

But the greatest triumph of law reform was effected by the passage of "an 
act relating to the competency of witnesses in civil cases," which was ap- 
proved by the governor on the 19th of February, 1867. The first section of 
the act provides that "No person shall be disqualified as a witness in any civil 
action, suit or proceeding, except as hereinafter stated, by reason of his or her 
interest in the event thereof as a party or otherwise, or by reason of his or her 
conviction of any crime ; but such interest or conviction may be shown for the 



288 THE BENCH AND BAR OF ILLINOIS. 

purpose of affecting the credibility of such witness, and the fact of such con- 
viction may be proven hkc any fact not of record, either by the witness himself, 
who shall be compelled to testify, or by any other witness cognizant of such 
conviction, as Impeaching testimony, or by any other competent evidence." 

Lawyers who were in full practice before 1867 remember the remarkable 
change made by the "act relating to the competency of witnesses in civil cases." 
The act was carefully guarded, so that "no party to any civil action, suit or 
proceeding, or person directly interested in the event thereof, shall be allowed 
to testify therein on his own motion, or in his or her own behalf, by virtue of the 
foregoing section, when any adverse party sues or defends as trustee or con- 
servator of any idiot, lunatic or distracted person, or as the executor, adminis- 
trator, heir, legatee or devisee of any deceased person, or as guardian or trustee 
of any such heir, trustee or devisee, unless when called as a witness by such 
adverse party so suing, and also except in the following cases : 

■'First, In any such action, suit or proceeding, a party or interested person 
may testify to facts occurring after the death of such deceased person. 

"Second. When in such action, suit or proceeding any agent of any deceased 
person shall, in behalf of any person or persons suing, or being sued in either 
of the capacities above named, testify to any conversation or transaction between 
such agent and the opposite party, or party in interest, such opposite party, or 
party in interest, may testify concerning the same conversation or transaction. 

"Third, When in any such action, suit or proceeding any such party suing 
or defending as aforesaid, or any person having a direct interest in the event 
of such action, suit or proceeding, shall testify in behalf of such party so suing 
or defending as to any conversation or transaction with the opposite party, or 
party in interest, then such opposite party, or party in interest, shall also be 
permitted to testify as to the same conversation or transaction. 

"Fourth, When in any such action, suit or. proceeding any witness, not 
a party to the record, or not a party in interest, or not an agent of such 
deceased person, shall, in behalf of any party to such action, suit or proceeding. 



THE BENCH AND BAR OF ILLINOIS, 



2i 



for debt unless, upon refusal to deliver up his estate for* the benefit of h 
creditors, in such manner as shall be provided by law, or in cases where thei 
is a strong presumption of fraud." 

The sixth section of chapter 57 of the Revised Statutes of 1845 containe 
a proviso that "Nothing herein shall restrain or prevent any execution fror 
being issued against the body of any defendant where the judgment shall hav 
been obtained for any tort or trespass committed by such defendant." 

The act approved February 28, 1845, numbered II (2) of the laws publishec 
with the revision, provided that "When any defendant in execution shall be 
held in custody on final process in a case where the defendant cannot be dis- 
charged under the provisions of the act entitled "An act for the relief of in- 
solvent debtors," approved January 12, 1829, when said defendant shall make 
an affidavit, before some competent officer authorized to administer oath, that 
he or she has no rights or credit, property, real or personal, in possession or 
action, except such property as is exempt from execution by the laws of the 
state, it shall not be lawful for said defendant to be committed to the common 
jail of any county of this state, unless the plaintiff in execution, his or her agent 
or attorney, shall on Monday of each and every week pay to the jailer the fees 
to which he may be entitled on said imprisonment. * * * If at any time the 
plaintiff, his or her agent or attorney, shall fail to advance the jail fees as 
herein provided, it shall be the duty of the officer or jailer, as the case may be, 
forthwith to discharge the prisoner, and it shall not be lawful to arrest or 
imprison the said defendant a second time upon an execution issued upon the 
same judgment; but nothing herein contained shall operate to discharge said 
defendant from the payment of such judgment and costs, if property can be 
found to satisfy the same. If the plaintiff, his or her agent or attorney, shall 
make the advances of the jail fees, as herein provided, the said defendant may be 
imprisoned, at one dollar and fifty cents per day, until the judgments and costs 
shall be satisfied, and the officer making the arrest shall in that event endorse 
the execution, 'satisfied in full by imprisonment.' " 

This provision is still retained, and there are but few instances in which 
plaintiffs choose to make the advances required by the statute. 



19 



CHAPTER XV. 



THE BENCH AND BAR OF PEORIA COUNTY. 



FEORIA COUNTY was organized under an act of the legislature o( Jan- 
uary 13, 1825, with its present boundaries, to which were added for 
county purposes all that tract of country north of town 20 and west oi 
the third principal meridian, formerly a part of Sangamon county, and all that 
tract of land north of Peoria county and of the Illinois and Kankakee rivers. 
The territory so attached embraced a large portion of the north part of the 
state, including what is now the city of Chicago. Cook county was not organ- 
ized until 1831. It is of interest to note that, as shown by the early records of 
Peoria county, licenses in those times were granted by its county authorities 
to certain persons to maintain ferries over the Chicago river at Fort Dearborn 
and the "Callimink" (Calumet), at the head of Lake Michigan, as well as to 
keep a tavern at Chicago, and that, although Chicago had its own justices of the 
peace, yet persons desiring to be married there were obliged to come to Peoria 
for their marriage licenses. 

The first term of the circuit court commenced the 14th day of November. 
A. D. 1825, with John York Sawyer, judge; John Dillon, clerk, and Samuel 
Fulton, sheriff. The court was held in a log building, fourteen feet square, 
that stood on the bank of the river. It had only one window and its loft was 
low, — in fact it was a genuine log cabin. It also served for religious meetings 
on the Sabbath. The basement was reached through an opening or door 
on the river side and was sometimes used as a jail, sometimes as a stable. A 
better jail, built of three thicknesses of logs, with a log floor covered with oak 
plank well spiked, was «ubsequently erected and continued to be the county 
prison for many years. 

The following testimony of some of the earliest settlers will throw much 
light upon the administration of justice in those early days. John Hamlin, writ- 
ing in 1844, says : "In the year 1826 I lived three miles from Mackinaw, on the 
Peoria and Springfield road, in what is now Tazewell county, but then attached 
to Peoria; and, being twenty-one years of age that year, I was summoned on 
the grand jury. There were not enough adults then in Peoria county proper 
to form the grand and petit juries, and hence they were summoned from the 
attached portion. All the grand jurors but two were from the east side oi the 
Illinois river, and were chiefly my neighbors. We took our provisions and 
bedding, the latter being a blanket or quilt for each. It was also the oractice 



THE BENCH AND BAR OF ILLINOIS. : 

on this occasion. In truth, so faithfully was the flagon 'put under requisit 
that but two of our number were sober when we appeared in court to rece 
the judge's charge. Judge Sawyer was the presiding judge, James Tun 
the prosecuting attorney, and Messrs. Cavarly, Pugh, Bogardus and Turr 
the entire bar. 

"There were only about eight bills of indictment found by the grand jury, 
one of these against an Indian named Nomaque, for murder. He had be 
tried the fall before, but, obtaining a new trial, he was indicted again this ten 
"The court house was a log building on the bank of the river, in whi( 
the jurors slept on their blankets on the floor. There was a tavern kept I 
Mr. Bogardus, but it was not large enough to furnish sleeping accommodatioi 
for them. The grand-jury room was a lumber cabin, in which Bogardus ke] 
saddles and other cattle fixings.'* 

Nomaque, the Indian mentioned in the above extract, had been tried at th 
first term of the court held by Judge Sawyer, at which time he was convicted fc 
the murder of a Frenchman and sentenced to be hanged; William Hamiltor 
a son of the celebrated Alexander Hamilton, being counsel for the defense, an< 
James Turney, attorney general, for the prosecution. The case had been car 
ried to the supreme court and the judgment reversed. It is reported in Beecher'i 
Breese, with copious notes by the author. At the time of his second indictment 
there being no secure jail, the sheriff kept him under guard at a private house 
when an attempt was made at his rescue by some drunken Indians, but without 
success. He was afterward allowed to quit the country and is reported to have 
united his fortunes with Black Hawk, and to have lost his life in the battle of 
Stillman's Run. It has been hinted that "the flagon" cut quite a figure in his 
first trial. 

In the same year (1844) Isaac Underbill wrote as follows : "I first landed 
on the shore of Peoria lake on Christmas day, 1833, and took lodgings with 
our worthy townsman, A. O. Garrett, who then kept the Teoria Hotel,' in a 
small two-story wooden building at the corner of Main and Washington streets. 
The only building west of the hotel at that time was a bam, a short distance up 
Main street. The entire town consisted of but seven frame houses and a few 
log tenements. The day following I left in the steamboat 'Peoria' for the south. 
In a few months I returned again to Peoria. During my absence extensive 
preparations had been made for building, and before the first of September 
about forty houses and stores were erected. 

"Judge Young was the presiding judge at that time and held the circuit 
court in a small building, fourteen feet square, on the river bank. The grand 
jury sat under the shade of a crab-apple tree, and the petit jury deliberated in 
an old French cellar, partially filled up, and surrounded with a growth of rank 
hig^h weeds and grass. The venerable Isaac Waters was clerk of the court. 
His office and dwelling were in a small log cabin, where now (1844) stand the 
plow w^orks of Tobey & Anderson. The old gentleman used to carry the seal 
of the court in his pocket, and on one occasion, by mistake, offered it to the 
postmaster in payment of postage. 



292 THE BENCH AND BAR OF ILLINOIS. 

"The only practicing members of the bar that resided here at that time 
were the Hon. Lewis Bigelow and Charles Ballance. The former was an emi- 
nent jurist and profound scholar. I was informed that he wrote a digest of the 
law^s of Massachusetts, a valuable work of upward of eight hundred pages, 
with one quill. He died here in 1838. William Frisby, a member of the bar 
of much promise, arrived here in 1834. By his indefatigable studies he was fast 
reaching the topmost round of the ladder of his profession, when he died, in 
1842, lamented by a large circle of friends and acquaintances.'' 

Judge Samuel D. Lockwood succeeded Judge Sawyer, and, in 1829, Judge 
Lock wood was succeeded by Judge Richard M. Young, who remained on the 
bench until the close of the year 1834. Charles Ballance, who is mentioned 
in one of the foregoing extracts, was a prominent attorney at law who had 
settled in Peoria as early as 183 1. In the latter part of his life he wrote a history 
of Peoria, from which some of the following facts are gleaned. 

Judge Young's circuit extended from below Quincy to Chicago, including 
the present cities of Quincy, Rock Island, Galena, Ottawa and Chicago, and 
embraced all the intermediate territory. In May, 1833, he made his appear- 
ance in the village of Peoria and announced that he was on his way to Chicago 
to hold court. He had traveled about one hundred and thirty miles from 
Quincy, where he lived, and had to travel, as the trail then ran, not less than 
one hundred and seventy miles further, to hold his first court on his circuit. 
He traveled all the way on horseback. 

After Judge Young's time, and before the accession of the Hon. Onslow 
Peters, the circuit court of Peoria county was presided over by the following 
named judges, in addition to those already mentioned: Thomas Ford, Sidney 
Breese, Stephen T. Logan, Daniel Stone, John D. Caton, T. Lyle Dickey and 
William Kellogg, each one of whom occupies a prominent place in the history 
of his times and needs not any extended notice here. It is a matter of history, 
however, that Thomas Ford died in poverty, at the house of his intimate friend, 
Andrew Gray, an early settler of Peoria. The grand jury was then in session, 
wath Andrew Gray as foreman. That body passed a series of resolutions pay- 
ing tribute to the memory of Governor Ford, from which the following extract 
is taken: 

'*While state's attorney in our sparsely settled country he discharged his 
duties faithfully and successfully; as a judge he was impartial, laborious and 
just ; as a man and citizen, one of the noblest works of God. He was nurtured 
in our state while in its infancy ; he grew with its growth and strengthened with 
its strength. He won his way from a fatherless boy to eminence and fame and 
has left a bright example to those behind him, that virtue, industry and fidelity 
insure success and will be crowned with triumph." 

My acquaintance with the Peoria bar began on the second Monday in May, 
A. D. 1853, ^^21^ being the day on which Onslow Peters assumed the duties of 
circuit judge of the newly formed sixteenth circuit, consisting of the counties of 
Peoria and Stark. For some years prior to that time Peoria and Stark counties 
had constituted a part of the tenth circuit, composed of the counties of Fulton, 



THE BENCH AND BAR OF ILLINOIS. 293 

Peoria, Stark, Henry, Rock Island, Mercer, Knox and Warren. The formation 
of the sixteenth circuit, composed of only two counties, one of them being very 
small and having but little business, so localized our courts that from that time 
forward circuit riding in this vicinity ceased to be one of the occupations of the 
profession. 

At that time, as nearly as I can remember, the Peoria bar consisted of the 
following named leading attorneys and firms : Norman H. Purple and Ezra G. 
Sanger, Lincoln B. Knowlton, Elihu N. Powell and William F. Bryan, Halsey O. 
and Amos L. Merriman, Jonathan K. Cooper, Charles Ballance, Henry Grove 
and Alexander McCoy, Elbridge G. Johnson and George S. Blakesley, John 
T. Lindsay and Henry Lander, Henry S. Austin and Charles C. Bonney. 

Thomas Ford, Lewis Bigelow, John L. Bogardus, William Frisby and 
William L. May had been prominent at the bar, but they had passed away. Lin- 
coln B. Knowlton, Halsey O. Merriman and Ezra G. Sanger soon joined the 
ranks of the dead. Before coming to Peoria, Bigelow^ had been a member of 
congress from Massachusetts, but he is better know^n to the profession as the 
compiler of Bigelow's Digest of the Massachusetts reports. Frisby was his 
son-in-law, a brilliant young lawyer, whose life was cut short in early manhood. 
John L. Bogardus was more prominent as a business man and dealer in lands 
than as an attorney. 

Before coming to Peoria, William L. May had served one term in the legis- 
lature and two terms in congress. He also was more of a business man than 
an attorney, and possibly his most enduring monument is the Peoria w^agon- 
road bridge, for the building of which he obtained a charter from the legislature. 
The building of this bridge, which w^as the first one erected over the navigable 
portion of the Illinois river, was the occasion of a most important decision of 
our supreme court, in the case of the Illinois River Packet Company versus the 
Peoria Bridge Association, reported in 38 Illinois Reports, page 467. 

Lincoln B. Knowlton was a man of great ability. He had been a member 
of the constitutional convention which framed the constitution of 1848. I re- 
member him as a stalw^art man, above medium height, broad-shouldered and 
raw-boned. He w-as then in the last stages of consumption. With a shaggy 
overcoat thrown loosely over his shoulders, he walked down the middle aisle of 
the court-house with great dignity, and took his seat in a hair-cloth rocker 
which had been provided especially for his use. He died within a month of 
that time. The following tribute was paid to his memory by the Peoria bar 
on the occasion of his death: "Resolved, That we pay but a just tribute of 
respect to the deceased when we declare that his character as a faithful, eloquent 
and successful advocate in our courts, as a man in w^hom were united the fidelity 
and honorable conduct of a good law^yer, as w^ell as the most expanded liberality, 
kindness and generosity of man, commands our most unfeigned respect; that 
the poor, oppressed and unprotected have occasion long to remember and to 
appreciate his generous efforts, gratuitous labor and professional exertions, so 
often and so faithfully put forth in their behalf, they having ever found in him 
the poor man's and the widow's advocate and friend." 



294 . THE BENCH AND BAR OF ILLINOIS. 

Lincoln Brown Knowlton was bom in Shrewsbury, Massachusetts, in 1804, 
his paternal ancestors having come to America from Knowlton Manor, in Kent, 
England, in 1642. Lieutenant Daniel Knowlton and Colonel Thomas Knowl- 
ton, famed in the early Indian wars and the Revolution, were lineal ancestors. 
Nathaniel Lyon was his own cousin, through a Knowlton mother. The three 
Knowlton brothers settled in Ipswich, Massachusetts. Lincoln B. Knowlton 
was very gifted in an intellectual way, and at an early age was sent to Union 
College, at Schenectady, New York, whose president was then the famous edu- 
cator, Eliphalet Nott, D. D., LL. D. After graduating at Union College Mr. 
Knowlton studied law with the governor of Massachusetts, "Honest John 
Davis," as he was called. Mr. Knowlton came to Peoria at a very early period 
in its history and was one of the most brilliant and prominent lawyers of his 
day, being known as the Henry Clay of the Illinois bar. He loved his profes- 
sion, refusing a judgeship and being practically pushed into politics. He was 
nominated for congress the year he died (August, 1854), and knowing that he 
could not live to fill the office, asked the privilege of naming his successor, 
James Knox, who was elected. He was sent as a delegate to the last Whig con- 
vention, which met at Baltimore and nominated his idol, Henry Clay, for the 
presidency. The last speech ever delivered by Mr. Knowlton, when he was 
almost too weak to stand, and the glory of his rich, magnetic voice had gone, 
was in advocacy of the election of Clay to the presidency. He was an intimate 
friend of Abraham Lincoln, David Davis, Stephen A. Douglas and other emi- 
nent men who lent dignity to the early bar of Illinois. 

I have no recollection of ever having seen Halsey G. Merriman. He was 
a very popular lawyer, and had been attorney for the town of Peoria when it 
obtained its charter as a city, which was largely the work of his hands. 

Ezra G. Sanger was a young man of talent and considerable prominence. 
He had been a member of the legislature in 1848, and one of the presidential 
electors in 1852. With Judge Purple as a partner, he was fast attaining to 
an eminent position at the bar, when the dreaded consumption claimed him also 
as a victim. 

The old court-house had, in 1836, been replaced by a two-story brick one, 
with a cupola and a portico ornamented with four round sandstone columns. 
It was considered an elegant building for the times, and continued to be the seat 
of justice for about forty years. Here also many political battles were fought, 
for it was the only public hall in the town, and for years all political conventions 
and political meetings were held in it. Its walls on many occasions resounded 
with the eloquence of such men as Abraham Lincoln, Stephen A. Douglas, 
Owen Lovejoy, Wendell Phillips, Joshua R. Giddings, Josiah Quincy, Jr., and 
other men of note. 

An incident of the times, which strongly impressed itself upon my memory, 
was the great debate between Lincoln and Douglas on October 16, 1854. The 
circumstances which brought these two political giants together at that time I 
did not know, but in some way an arrangement was made that Senator Doug-las 
was to have three hours for his opening speech, Mr. Lincoln was to have the 



THE BENCH AND BAR OF ILLINOIS. 295 

same time for reply, and Douglas was to have one hour to close the debate. I 
was then a young man, and not much inclined to political life, but having been 
brought up a Democrat, I was disposed to side with Senator Douglas. I listened 
with much interest to his speech in defense of the repeal of the Missouri Com- 
promise, but was not altogether satisfied with it. When he had closed, Mr. 
Lincoln arose and spoke about as follows : "My Fellow Citizens : I would like 
to make a bargain with you. Judge Douglas has occupied all the time allotted 
to him for his opening speech. It is now late in the afternoon, and if I begin 
my speech now, I will not be able to finish it until the time you will want to go 
to your suppers, and, as I would not like to have my speech cut in two, I would 
suggest that we adjourn this meeting now and come together again promptly 
at seven o'clock. I can then finish my speech by ten, and Judge Douglas can 
finish his by eleven, which is not an unusually late hour at this season of the 
year. What do you say?" Immediately a cheer went up from his friends all 
over the vast audience, accompanied by throwing of hats into the air, and other 
demonstrations of approval. So the meeting was adjourned until seven o'clock, 
which gave Mr. Lincoln the advantage of a much larger night audience, and an 
opportunity for arranging his thoughts beforehand. When the evening came 
Mr. Lincoln proceeded with his speech, during the progress of which he drove 
Mr. Douglas into some very close quarters. When the latter arose to reply, 
he manifested strong symptoms of anger, and continued to speak in that strain 
until the close of his hour. This debate took place on a small platform, erected 
on the portico at the south corner of the court-house, and the speakers and 
officers of the meeting came upon it through a window, in one of the offices. 
It is said upon good authority that Mr. Lincoln expected to again debate with 
Senator Douglas on the following day in an adjoining county, but upon the 
solicitations of the latter, on the ground that his was a controversy with a wing 
of his own party, and not with the opposing party, Mr. Lincoln decided to re- 
turn home. 

I never saw Mr. Lincoln afterward, except on one occasion when he was in 
attendance at the circuit court of Woodford county, then being held in a yet 
smaller court-house in the town of Metamora. Judge David Davis, clad in a 
gray and apparently homespun suit, with heavy-soled boots on his feet, one leg 
thrown over the low desk in front of him, his steel-gray hair cropped short, was 
presiding. Mr. Lincoln sat among the lawyers, with his chair thrown back 
and his hands clasped behind his head. I was struck with the largeness of all 
his features, especially his ears, which seemed out of all proportion. No one 
would have suspected then that either of these two men would ever attain to the 
world-wide reputation to which they afterward succeeded. It may be men- 
tioned in this connection that this little town of Metamora, now abandoned as 
a county seat, was the place where Adlai Stevenson, late vice-president of the 
United States, commenced practice as a youthful attorney, and the place where 
Simeon P. Shope, an eminent justice of our supreme court, spent his boyhood 
days. Here also, at court times, were accustomed to assemble many other dis- 
tinguished attorneys from neighboring counties, amongst whom may be men- 



296 THE BENCH AND BAR OF ILLINOIS. 

tioned the late Asahel Gridley, Lawrence Weldon, now of the court of claims 
at Washington, and Robert E. Williams, of Bloomington ; Benjamin S. Pretty- 
man and Samuel W. Fuller, of Pekin ; T. Lyle Dickey, of Ottawa ; Samuel L. 
Richmond, John Burns, Thomas M. Shaw and George Barnes, of Lacon; Henry 
GrQve, Henry B. Hopkins, E. C. and R. G. Ingersoll and Sabin D. Puterbaugh, 
of Peoria. 

Although the old court-house at Peoria had on many occasions been made 
to resound with the eloquence of the distinguished statesmen already named, 
yet their eloquence did not by any means eclipse that of some of our home talent. 
I well remember a murder case tried in the early days of Judge Peters' in- 
cumbency, in which Elbridge G. Johnson and Judge Norman H. Purple were 
counsel for the prosecution, and Judge William Kellogg and Julius Manning 
for the defense. This was indeed a battle of the giants. In all my experience 
at the bar I have never heard, in any one case, four addresses to the jury of 
such uniform eloquence and power as those presented on this occasion. 

Mr. Johnson was a native of New Hampshire, but afterward located in the 
state of Vermont, where he read law with the distinguished Judge Redfield, 
and was there admitted to the bar at the early age of twenty years. He prac- 
ticed his profession in the state of Vermont until the year 1850, when he located 
in Peoria and there continued in active practice until the time of his death, 
January 26, 1885. It has been truthfully said of Mr. Johnson, that he did not 
attain to that distinction to which his eminent talent entitled him. He was ex- 
tremely sensitive, so much so as to almost revolt at the idea of putting himself 
forward as a candidate for any public position. I had occasion at one time to 
be a witness of his great diffidence, when attending the supreme court at Ottawa. 
As is well known to those who attended that court, the chairs in the great court- 
room, for some inexplicable reason, were arranged about its outer walls, so 
that every attorney who wished to address the court was obliged, as it were, 
to run the gauntlet of the entire bar in attendance. Mr. Johnson had a motion 
to present, but was scarcely able to summon courage necessary for the occasion, 
remarking at the time that he would as lief stand up to be shot at as to go 
forward to present his motion. 

The following points in his character are taken from an able address de- 
livered by his former partner, Hon. H. B. Hopkins, on the occasion of his death; 
"He was a man of dignified and imposing personal appearance, with nature's 
emphatic stamp of superiority. He was all his life under the dominion of strong 
powers, both mentally and physically. His intellect belonged to the type of the 
colossal. * * * Although he did not attain all that distinction which his 
early life seemed to indicate, in the judgment of his contemporaries, yet he always 
had in himself all the qualities of greatness and power which justified that prom- 
ise, and he needed only the occasion and sufficient force of impulse to have 
quite realized it. * * * Upright and honest, he had no patience with tricks 
or duplicity. His opinions upon social, moral, religious, political and personal 
topics were most independent. * * * Behind the shelter of an external 
indifference was a nature so sensitive and delicate that almost everything either 



THE BENCH AND BAR OF ILLINOIS. 297 

hurt him or consoled him. A bundle of nerves, a tissue of sensibilities, a bat- 
tery of forces, pain and pleasure were the ever vibrating tides of his emotions. 
* * * In the early part of Mr. Johnson's residence here he held the office 
of state's attorney for one term, and later served one term in the state legislature, 
as a member of the house of representatives, and soon after the enactment by 
congress of the old bankrupt law he was appointed register in bankruptcy for 
this congressional district, and held the office until the law was repealed. He 
discharged the duties of these various offices with unquestionable ability and 
faithfulness." 

William Kellogg had been a member of the lower house of the state legis- 
lature, after which he was elected judge of the tenth circuit, which then in- 
cluded Peoria and Stark counties. This office he held with distinction from 
February, 1850, to November, 1852. After leaving the bench he resumed the 
practice of law until 1856, when he was elected to congress, and continued to 
be a member of that body until March 4, 1863, during which time he took a 
prominent part in the legislation of that critical period of our country's history. 
Judge Kellogg was a fine orator and displayed his eloquence with great 
power, both at the bar and in the halls of legislation. In person he was of 
medium height, somewhat inclined to corpulency, had a high forehead and was 
of fair complexion. His face was full and his voice clear and distinct, his 
gestures graceful, and his whole manner that of a finished orator. After leav- 
ing congress he came to Peoria to reside and remained in the practice of the 
law at this place until the time of his death. His public career belongs rather 
to the state and nation than to the local bar of Peoria. 

Of Julius Manning I cannot speak too highly. He was one of my pre- 
ceptors, and, for the last year of his life, it was my great privilege to be his 
partner. He was a native of Canada, his birthplace having been near the Ver- 
mont line, and he received his education at Middlebury College in that state, 
where he also studied law. He came to Illinois in 1837 and at once took a 
leading" position at the bar, as well as in political matters. Before coming to 
Peoria he had for some years lived and practiced law in Knox county, from 
which county he had been elected to the lower house of the general assembly 
for two successive terms, and in 1848 he was elected a member of the electoral 
colleg^e in the presidential contest of that year. His practice had been exten- 
sive, covering several counties, including Peoria. In the year 1854, soon after 
the death of Halsey O. Merriman, he came to Peoria and formed a partnership 
with Amos L. Merriman, which firm continued until June, 1861, when Mr. 
Merriman was elected to the office of circuit judge of the sixteenth circuit. It 
was at that time that I became a partner of Mr. Manning. In the autumn of 
that year Mr. Manning and Judge Purple were, by almost common consent, 
elected to represent the counties of Peoria and Stark in the constitutional con- 
vention. In January, 1862, he left the office to attend that convention, and re- 
mained at Springfield until the time of its adjournment. Upon his return home 
his health was very much impaired, and he deemed a trip to Canada, where he 
had once lived, advisable for rest and recuperation; but when his preparations 



298 THE BENCH AND BAR OF ILLINOIS. 

t 

had all been made, and while paying a visit to his old home in Knoxville, he 
suddenly expired, on July 4, 1862, at the early age of forty-eight years. 

In political faith Mr. Manning was a Democrat, and although, in the con- 
stitutional convention, he went with his party in a course which seemed some- 
what questionable, yet he was always loyal to the country. I well remember 
when the Rebellion first broke out and excited crowds were filling our streets it 
became the earnest desire of many good citizens to know the standing of Julius 
Manning on the all-important questions then agitating the country. Accord- 
ingly, when called upon to address the multitude assembled in front of his office, 
he appeared on the balcony and commenced something in this wise: "My 
Fellow Citizens : I belong to the north, I was born in the north, I married my 
wife in the north, my children were born in the north, my interests lie in the 
north, and in this fight I am for the north." He then went on to show that 
when sections are at war with each other, there can be no middle ground, but 
that every man must be on one side or on the other. As for himself, whatsoever 
others might do or be, he was for the north. This speech produced a profound 
impression upon the community and had much to do with placing many waver- 
ing Democrats on the right side. 

His forecasting of political events was shown by a remark made by him 
at the time of Abraham Lincoln's first nomination. A few of us, mostlv Demo- 
crats, were in his office awaiting the results of the balloting in Chicago. When 
the news of Lincoln's nomination came, there was manifested a considerable 
degree of merriment over the choice of the convention, which was checked by 
Mr. Manning, who said : ''Boys, don't laugh ; Abe Lincoln is the hardest 
man to beat the Republicans could have nominated." This was before the split 
in the Democratic party. After that event occurred Mr. Manning threw his in- 
fluence in favor of Douglas, in the presidential campaign of that year. 

Mr. Manning was slightly above medium height, portly in person, erect in 
carriage, dignified in appearance, fair in complexion and in the color of his hair, 
his features heavy and prominent but pleasing in expression. He dressed well, 
wore a silk hat and carried a gold-headed cane. His presence commanded 
respect wherever he appeared. 

As an orator Julius Manning had few equals and no recognized superiors. 
His voice was musical and clear as a bell, his enunciation was perfect, his 
gestures elegant, his expression earnest and his whole manner most persuasive. 
He was a student of rhetoric. Although his speeches seemed, to a listening 
audience, to be entirely extemporaneous, yet on all important occasions, when 
time was at his command, they were studiously prepared. Some of his skele- 
tons, still extant, observe the rhetorical division of exordium, argument and 
peroration, and the line of thought assigned to each was scrupulously followed 
in delivery. 

As a lawyer he was perhaps not so methodical nor so exact in the prepara- 
tion of his cases as was Judge Purple, but in point of native talent and the 
intuitive grasping of the principles of the law he was generally regarded as the 
latter's superior. With the jury he was almost invincible, and many a man 



THE BENCH AND BAR OF ILLINOIS, 299 

owed his life or his liberty to the eloquence of Julius Manning, when in less 
able hands he might have been condemned to punishment. 

The estimate in which he was held by his brethren of the profession is best 
expressed by the resolutions adopted by the Peoria bar on the occasion of his 
death, one of which reads as follows : 

Resolved, That in the death of Mr. Manning the bar of this county and state has 
lost one of its brightest ornaments, the state one of its most distinguished citizens, and 
society one of its noblest and worthiest members. Endowed by nature with a mind of 
the finest texture and of the most enlarged capacity, enriched and strengthened by 
cultivation, he grasped with remarkable ease and clearness the whole science of law, and 
successfully applied it in practice with a rare combination of eloquence and logic. He 
had thoroughly mastered the elementary principles of his noble profession, and his mind 
was a vast store-house, in which memory had carefully garnered up and stored away 
inexhaustible treasures of legal lore. He was thus always provided and ready for any 
professional emergency, whether on the circuit or at home. He was no less conspicuous 
for his modesty. Always unconscious of his own merits and preferring the quiet of home 
rather than the pleasures of the social circle, he sedulously shunned the turmoil and eclat 
of public life. He entered the political arena but seldom, and with reluctance, in 
obedience to the urgent and unsolicited demands of his numerous friends. In his deport- 
ment, whether in public life or in professional or social intercourse, he was always 
courteous. No barbed shaft ever found place in his full quiver. His heart was as 
expansive as his mind. Kindness exhaled from him as an atmosphere, and shed its 
beneficence upon all alike who came into his presence. 

In religious matters, during most of his life, JuHus Manning was a liberal 
thinker. While entertaining a very high regard for the person, character and 
teachings of Jesus Christ as a man, he could not yield his assent to what is known 
as orthodox teaching; but in the last few months of his life he became a thor- 
ough convert to the evangelical faith and to all appearances was a devout Chris- 
tian. 

Norman H. Purple's proper place in history is with the bar of the state 

at large, rather than with the local bar of Peoria. But, having spent the best 

years of his life with us, we claim him as one of our own. A detailed sketch of 

his life appears in connection with a preceding chapter on the supreme judges of 

the state. After retiring from the supreme bench he removed to Peoria and 

resumed the practice of the law, which soon became extensive and lucrative. 

The great contest in the Military Tract between patent titles and tax titles 

was then at its height. By an act of congress, in 1812, two million acres of land 

in Illinois, northwest of the Illinois river, had been set apart for soldiers' bounties. 

These lands, having been patented directly to the soldiers, had become taxable, 

and many of them had been sold for taxes. These tax titles were the only 

ones upon which many of the actual settlers held their farms. As lands became 

valuable the country was scoured, from Maine to Texas, by speculators in lands, 

in search of the patentees or their heirs. When they, or some other persons 

of like names, were found, suits would be commenced in their names, or in those 

of their grantees, for the possession. In many instances, when the occupant had 

bought up the apparent patent title of one set of heirs, another, and possibly a 



300 THE BENCH AND BAR OF ILLINOIS. 

third, set would turn up claiming- the same land. Many of these suits were 
brought in the federal courts, and many of them in the courts of the state. 
In this great controversy many of the members of the bar in the Military Tract 
came to be recognized as the leading land lawyers in the country. Among these 
may be mentioned Archibald Williams, Orville H. Browning, Charles B. Law- 
rence, of Quincy ; Robert S. Blackwell, author of Blackwell on Tax Titles, ot 
Macomb; Hezekiah M. Wead, William Kellogg, William C. Goudy and S. Com- 
ing Judd, of Fulton county ; Joseph Knox, of Knox county ; and Norman H. 
Purple, Julius Manning, Onslow Peters, Elihu N. Powell, William F. Bryan and 
others of Peoria county. In this contest the law relating to tax titles and the 
statutes of limitation became practically settled for all time. 

Another fruitful source of litigation in those days consisted of the French 
claims in Peoria. During the war of 1 812 one Captain Craig, acting under orders 
of the territorial governor, had come to the French village at Peoria lake and, 
erroneously supposing the inhabitants to be acting in league with the hostile 
Indians, burned their village and carried the inhabitants away to more southern 
counties. To atone for this act of injustice congress, in 1823, had granted to 
these settlers the lots on which they had resided, with their adjacent outlets. 
The quarter section on which the county seat was afterward located, and the 
tracts now known as Bigelow and Underbill's Addition and Ballance's Addition, 
were all patented subject to these rights of the French, but the claims were not 
surveyed out for several years after the grant. Charles Ballance, the attorney 
already mentioned, had become the owner of a large tract of land upon which he 
had laid out an addition, besides being the owner of other lots covered by the 
French claims. He, therefore, became champion of the parties in possession, 
while one Robert Forsythe, of St. Louis, championed the cause of the French, 
he being one of the heirs. The controversy hinged upon the statute of limi- 
tation, and the points to be determined were: First. Did the statutes run 
against these grants? Second. Were the defendants within the provisions oi 
any of those statutes? These questions being finally resolved in favor of the 
occupants, this vexatious litigation which had lasted for twenty years came to 
an end. In these contests Judge Purple and Julius Manning had frequent occa- 
sion to measure intellectual swords with each other. 

Judge Purple was a forcible rather than an elegant speaker. Unfortunately 
he had somewhat of a nasal enunciation, which, with those not accustomed to 
hear him, detracted not a little from the elegance of his diction. In appearance 
he was tall, erect and dignified, in physique he was well proportioned, in gesture 
not graceful, but the earnestness of his delivery made up for all the other de- 
fects and gave his speeches great weight. In the use of sarcasm he was cutting, 
and, when occasion demanded repartee, he was quick and pointed. 

As a practitioner at the bar Judge Purple was exact as well as exacting. 
He never presented a matter in court without due preparation. Keeping him- 
self within the rules of the court, he expected the same of others. He wrote a 
bold and very legible hand, and although his penmanship was not elegant, 
yet his court papers were always prepared with scrupulous neatness. In 1857 



THE BENCH AND BAR OF ILLINOIS. 301 

Judge Purple compiled and published an edition of all the laws of the state then 
in force, and before then had published a compilation of the real-estate statutes, 
which ar€ known as Purple's Statutes and Purple's Real Estate Statutes. 

Hezekiah M. Wead was a member of the convention which framed the con- 
stitution of 1848, and was the successor of William Kellogg as judge of the tenth 
circuit. After retiring from the bench he came to Peoria, and spent the re- 
maining years of his life in the practice of the law, during which time he was 
associated at different times with Marion Williamson, Elihu N. Powell, William 
Jack and Lawrence W. James. He was a talented lawyer, an able and upright 
judge, a forcible speaker, a man of fine physical development and of strong will 
power. His career in Peoria was a successful one. 

His position upon the questions of the day is shown by the following extract 
from a paper of the opposite party in politics, relative to an oration delivered 
by him July 4, 1862 : "It was one of the best and most appropriate addresses 
of the kind we have ever Hstened to. * * * At the close the speaker alluded 
to the war progressing for the integrity of our country and the supremacy of 
the constitution under which we have made such glorious progress in all that 
can make a people great and happy. He w^as not among those who looked 
despondingly at the future; or had fears as to the result. The result,' said the 
Judge, Svill be the total overthrow of treason and rebellion, and before another 
Fourth of July dawns, the re-establishment of the national authority over every 
foot of the soil of these United States.' " 

Henry Grove was a diamond in the rough. Born in Pennsylvania, he had 
in early life been taken by his parents to the state of Ohio, where he spent his 
youth and early manhood. Having there become accustomed to the hardy 
life of the pioneer backwoodsman, he retained many of its characteristics during 
life. In fact, he prided himself upon, and obtained much of his popularity by, 
keeping closely in touch with the sons of toil. He was a man of most decided 
native ability, but lacked »that culture derived from early education, which many 
of his associates possessed. On this account some of them were inclined to 
deride him somewhat when he first came to the Peoria bar, but he proved him- 
self a fair match for the ablest of them, not so much by the force of pure logic 
as by the force of that vast amount of wit, humor and ridicule which he was 
able, as occasion required, to throw into his speeches. I remember one occa- 
sion, when being hard pressed by his opposing counsel he found it necessary to 
divert the attention of the jury from the case itself, by turning upon his oppon- 
ents. Making a terrific assault upon them for their alleged duplicity, and seiz- 
ing the old worn Bible on the clerk's desk, quick as a flash he turned to the 
proper passage, and, pointing alternately to the two opposing counsel, read in 
the most sonorous voice he could command, "I say unto you the publicans and 
harlots go into the kingdom of God before you !" The effect was magical and 
brought the crimson to the faces of his opponents. 

He was a man of about medium height and weight, had a heavy shock of 
black hair, which showed but slight acquaintance with either comb or brush; 
heavy eyebrows, small piercing eyes, prominent Roman nose, thin lips covering 



J 



302 THE BENCH AND BAR OF ILLINOIS, 

firmly set teeth, protruding chin and full beard, less the mustache. His ill 
fitting clothes seemed to be hung upon him without reference to appearance. 
He wore low shoes, often down at the heels, and, if tied at all, they were tied 
with leather shoe-strings. 

But with all these peculiarities Henry Grove was a man of power as well 
in political life as at the bar. As might be supposed from his antecedents, he 
had an utter contempt for the aggressions of the slave power, and early espoused 
the cause of the Anti-Nebraska party. He was elected to the legislature in 
1854, and recorded his votes with others of that political faith, and when the 
tug of war came in i860 he was made a delegate to the national convention, 
and had the honor of voting for Abraham Lincoln as a candidate for president 
of the United States. He was loyal to the core, and although too old, as he 
said, to go into the army, he was one of the most liberal supporters of the boys 
who did go. At the time of his death the Peoria bar passed a series of resolu- 
tions commemorative of his life and services, and upon presentation of the 
same to the circuit court, Mr. William F. Bryan gave the following sketch of 
his character: "It is superfluous to say that Mr. Grove had traits of char- 
acter which made him peculiarly notable. His presence was always manifested 
by some demonstrative act. With but a limited education he had a rare com- 
mand of the sturdy elements of his mother tongue. He was laboriously dili- 
gent in the practice of his profession and was always energetic and aggressive 
in behalf of his clients. * * * He loved the court-room and the excite- 
ment incident to its proceedings. His whole professional career has passed 
like a popular panorama before the public eye. Better, therefore, perhaps than 
any of his contemporaries, has he delineated his own character, and as it were 
so moulded and shaped it that like the statue of a sculptor it stands forth seen 
and recognized by all men." Henry Grove died in the month of May, 1872. 

Alexander McCoy was a native of Pennsylvania, was graduated at Wash- 
ington College in the class of 1844, was admitted to the bar in Ohio, about the 
year 1850, after which he came to Peoria and formed a partnership with Henry 
Grove, in 1851. In 1856 he was elected state's attorney for the sixteenth cir- 
cuit, for the term of four years, and was re-elected to the same office in i860. 
The duties of this office he discharged with signal faithfulness and ability. I" 
1 86 1 he formed a partnership with Judge Purple, which continued until the 
latter's death, in 1863. In 1864 he was elected to the lower house of the legis- 
lature, on the Republican ticket. His ability as a lawyer was at once recognized 
by his being made chairman of the judiciary committee, which made him the 
leader of the house. 

When the thirteenth amendment to the constitution of the United States 
was submitted to the legislature of Illinois for ratification and the same had 
passed the senate, it was upon the motion of Alexander McCoy that the same 
was at once ratified by the house. By this prompt action of its legislature the 
state of Illinois was the first to place the seal of immortality upon the brow of 
her noblest son, by its ratification of this amendment, insuring perpetual free- 



THE BENCH AND BAR OF ILLINOIS, 303 

dom not only to the black men of the south, but to every human being wher- 
ever our fla^ floats. 

Upon the retirement of Judge Marion Williamson from the bench, in 1867, 
a partnership was formed between himself, Alexander McCoy, Lorin G. Pratt 
and John S. Stevens, which continued until the death of Judge Williamson, the 
year following. The business was then continued under the name of McCoy 
& Stevens until 1870, when Mr. McCoy retired and took up his residence in the 
city of Chicago. There he had at different times as partners, George F. Harding, 
Lorin Grant Pratt, C. B. McCoy and Charles E. Pope. About the year 1887 
he retired from business, and in January, 1889, removed to California, where he 
died on February 10, 1893. 

His late partner, Charles E. Pope, in writing to the surviving members of 
his college class in 1894, pays him the following beautiful and truthful tribute : 
"I can truthfully say that closely he approached my ideal of what the lawyer and 
true man should be. He was by nature and practice an honest man. This 
characteristic, united with great knowledge of equity principles and practice, 
made him a most excellent equity lawyer. His manner of presenting his case 
in court impressed those who listened to him with the feeling that he thoroughly 
believed in the justice of the cause he was advocating. His force of character, 
his rugged common sense, his careful, conscientious preparation of his case, 
his cool analytical dissection of the facts and law, usually led to. success. Mr. 
McCoy's ability as a lawyer was well known to the public at large. His clients 
were among the most prominent citizens here. As regards his character as a 
man it is hard for me to speak in terms of moderation. His standing among 
his professional brethren was unchallenged. He was trusted and respected by 
all- Most genial, and gifted with a keen sense of humor, he was a most de- 
lightful companion. Those who have known him cannot, I am sure, but have 
been led thereby to a higher realization of what man can and ought to be." 

Jonathan K. Cooper was one of the early members of the Peoria bar. He 
was a native of Pennsylvania, grandson of Robert Cooper, a noted Presbyterian 
divine and chaplain in the Revolutionary army. His father was John Cooper, 
who for many years was principal of a classical academy at which the son re- 
ceived his early education, and where he laid the foundation of that literary 
taste and that felicity in the use of pure English for which he was noted. At 
the age of seventeen years he entered Jefferson College, an institution of high 
grade, located at Cannonsburg, in western Pennsylvania, and was graduated 
in 1835. He afterward pursued a course of study of the law in the law school 
attached to Dickinson College, in Carlisle, where he came in contact with such 
men as Justice Gibson, Thaddeus Stevens and other leading lawyers of the 
state. 

Upon the completion of his course he was admitted to the Carlisle bar, 
about the year 1839, soon after which he came to Peoria. As a lawyer Mr. 
Cooper was conscientious, painstaking and extremely careful of his clients' in- 
terests. He was modest and retiring to a fault, generally underrating his own 
abilities, while probably overrating the ability of others. By cultivation he had 



304 THE BENCH AND BAR OF ILLINOIS. 

become accustomed to the use of the choicest language, which he never lost 
sight of even in the heat of debate. He was a forcible, although not brilliant 
speaker, but he fully made up for this apparent defect by the earnestness of his 
manner, the force of his language and by the most admirable choice of words in 
which he was accustomed to express his thoughts. 

Mr. Cooper was not ambitious for fame, nor was he ever an aspirant for 
any office, but quietly and industriously pursued the practice of his profession 
as long as the state of his health would permit. He had a supreme contempt 
for everything low or vile, and never would on any occasion countenance a 
suggestion of vulgarity, either at the bar or in his intercourse with his fellow 
men. He, as well as others, sometimes became the object of Mr. Grove's ridi- 
cule, but Mr. Cooper was able to cut back with a keen blade. On such occa- 
sions it was a contest between the tomahawk of the son of the forest and the 
polished steel of the knight errant. Yet, opposite as they were in character, 
they were warm friends and each enjoyed the confidence and esteem of the 
other. 

• At the time of his death it was truthfully said of him by Hon. H. B. Hop- 
kins, one of his associates at the bar : **For many years he enjoyed more of 
personal regard and friendship, and the kindly expression of them, more of the 
love and trust of home friends, of professional associates and business patrons 
than falls to the happy lot of many men of our times and locality. * * * It 
is with regret, with grief and a tear that we contemplate the broken tie which 
bound him to us, and place a fresh memory along with that of those who have 
preceded him. * * * And in amiable qualities, in gentleness and sweetness 
of life and character he had few equals among the living or departed of our gen- 
eration." 

About the year 1857, two brothers. Ebon Clark Ingersoll and Robert G. 
Ingersoll, came from Gallatin county to Peoria. They were both immediately 
recognized as talented young attorneys, and, both being Democrats, they soon 
took prominent positions in that party. The elder brother was then a repre- 
sentative in the legislature from the fourth district, and after the death of 
Owen Lovejoy, in March, 1864, he was elected as a RepubHcan to succeed the 
latter in congress. After the expiration of that term he was elected three times 
in succession to represent the fifth district. Having failed in his re-election 
in 1870, on account of the breaking up of party lines, he retired to private life 
in Washington city, where he continued to reside until the time of his death. 
He was in congress at the time of the close of the war, and took an active part 
in the proceedings of that body during the exciting times of the reconstruction 
of the Union. 

Robert G. Ingersoll was regarded as an abler lawyer, but was not so success- 
ful in politics as his brother. In i860 he ran for congress, as a Democratic 
candidate against Judge William Kellogg, the Republican candidate. In 1861 
he went into the army as colonel of the Eleventh Regiment of Illinois Cavalry. 
His experience in the army wrought a complete revolution in his political 
views, and ever afterward he was an ardent Republican. From February, 1867, 



THE BENCH AND BAR OF HJJNOIS. 305 

to January, 1869, he held the office of attorney general, by appointment of 
Governor Oglesby. 

In 1868 he was a candidate before the Republican state convention for the 
office of governor, but was defeated by the friends of General John M. Palmer, 
who was subsequently elected. Some years after his brother had taken up his 
residence in Washington city, Robert G. Ingersoll went there to reside, and the 
two continued in business together until the death of the former. The latter 
subsequently went to New York city, where he has achieved such a wide repu- 
tation that a full account of his career becomes impossible in these local notices. 
Henry W. Wells is perhaps the senior member of the Peoria bar in active 
practice. Having received his early education at Galesburg, Illinois, he entered 
the National Law School (then at Ballston, but afterward removed to Pough- 
keepsie, New York), where he graduated in 1853 and was admitted to the New 
York bar. Returning to Illinois he continued his studies in the law office of 
Messrs. Johnson and Blakesley, teaching school in the winter seasons, until 
the year 1855, when he entered upon the practice of the law at Cambridge, 
Henry county, Illinois, and very soon did an extensive business. In 1862 he 
enlisted in the One Hundred and Twelfth Regiment of Illinois Infantry, as a 
private, and was afterward promoted to the office of major. He continued in 
the service until the close of the war. In 1865 he returned to Peoria and has 
ever since been engaged in the practice of the law\ He is well known to the 
profession as the author of a valuable treatise entitled Wells on Replevin, which 
is accepted as standard authority. In 1869 he was elected as a member of the 
constitutional convention and did efficient service in the framing of our present 
constitution. This is the only public office Major Wells has ever held. 

John T. Lindsay was at one time a member of considerable prominence 
of our bar, but is now a non-resident of the county. When I first became ac- 
quainted with the bar of Peoria he was engaged in the practice of the law in 
company with Henry Lander, formerly a partner of Julius Manning, in Knox 
county. Mr. Lindsay continued the practice of the law for many years there- 
after, and during that time had several partners. He served for one term as 
a member of the house of representatives and one term in the state senate. 
While a member of the senate, although he had been elected as a Democrat, 
he voted for the ratification of the thirteenth amendment to the constitution of 
the United States. 

Charles C. Bonney properly belongs to Chicago, where his reputation has 
bejsn achieved, yet it is true that he was admitted to the bar and for several 
years practiced his profession in Peoria. While here he took into his office as 
a student a penniless Irish boy named William W. O'Brien, who afterward 
became a man of considerable note at the bar, as well as in political life. He 
was unfortunate in not having a good academical education, for he was a man 
of natural abilities and force of character. As a successful criminal lawyer 
he had few superiors in the state. He was a forcible speaker, impulsive in the 
argument of his cases and seemed to carry his point by mere force, rather than 

by logical argument. 
20 



3o6 THE BENCH AND BAR OF ILLINOIS. 

He was an ardent Democrat and adhered to the anti-war wing of his party 
to the last. He was elected to the lower house of the legislature in 1862 and 
took a prominent part in the action of that body which finally led to its ad- 
journment by the proclamation of Governor Yates. He was a delegate to the 
national Democratic convention which nominated Horatio Seymour for presi- 
dent, in 1868, and in that same year was the candidate of his party for congress- 
man for the state at large against General John A. Logan, the successful can- 
didate. He subsequently removed to Chicago, where after some years of prac- 
tice, with varying success, he died. 

In addition to those already named the following members of the Peoria 
bar have been members of the legislature, viz. : Senators, — Mark M. Bassett, 
one term; Andrew J. Bell, two terms; Lucien H. Kerr, one term; John S. 
Lee, two terms; John M. Neihaus, one term; James D. Putnam, present in- 
cumbent. Representatives, — Mark M. Bassett, one term; Robert S. Bibb, one 
term ; Samuel Caldwell, one term ; Horace R. Chase, one term ; John S. Lee, 
one term; John M. Neihaus, one term; William E. Phelps, one term; Michael 
C. Quinn, two terms; James M. Rice, one term; Julius S. Starr, two terms. 

It would afford me much pleasure to be able to give an extended notice 
of all my contemporaries at the bar, as well the living as the dead, but lack 
of time and space forbids. The Peoria bar had an honorable representation in 
the army during the war of the Rebellion whose records are well preserved 
in local history. I add the following brief notes relative to the judges of the 
circuit court: 

JUDGES OF THE CIRCUIT COURT. 

Onslow Peters was the first judge of the sixteenth circuit. He was a native 
of Massachusetts and had come to Peoria as early as the year 1836. Before 
his accession to the bench he had enjoyed a practice extending over a large 
portion of the northern end of the state. He was a man of great public spirit ; 
had been a member of the constitutional convention of 1847, si"^ is said to 
have been the author of our system of township organization. He was a strong 
advocate of popular education and aided much in the establishment of our system 
of public schools. 

He was re-elected in 1855, but occupied the bench less than three years in 
all, having died, in Washington city, February 28, 1856. As I remember him, 
Judge Peters was rather short in stature, had a very bald head, surrounded 
by a ring of dark hair; had a broad and not very expressive face, and was 
burdened with a great rotundity of person. He is, by one historian, said to have 
been somewhat pompous in his manner, but, never having heard him speak 
except at some local meetings of a business character, I am not able to add my 
testimony to that charge. I knew him as a good-natured, genial gentleman, 
ever ready to do a kindness or to render friendly advice to a young man when 
needed. 

Upon the death of Judge Peters, Jacob Gale became his successor for 
a few months. Judge Gale had not been engaged in the active practice of 



THE BENCH AND BAR OF ILLINOIS. 307 

the law for some years, but had for a long time held the office of circuit 
clerk, and by that means had kept himself well informed as to the proper admin- 
istration of the law. But the onerous duties of the bench proving distasteful to 
him, he resigned his office and was succeeded in November of the same year 
by Elihu N. Powell. 

Judge Powell came from Ohio at a very early day, and, although he had 
not the advantage of a thorough education in early life, yet, through indomi- 
table industry and perseverance in his studies, he became a very able lawyer. 
He has had as a partner for some years Mr. William F. Bryan, under the firm 
name of Powell & Bryan, which firm attained to a very extensive and lucrative 
practice. At the time of his death, in 1871, Judge Powell was considered the 
senior member of the Peoria bar. He had the rare faculty of being able to cite 
from memory, giving book and page, any reported case he had ever read. 
Neither he nor his