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\J  \ 


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\J. 


JOHN  McNULTA, 


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


I  HE 


BENCH   AND   BM< 


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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. 


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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£ 


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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 


C'Ci^  r^^,  '  c  .' 


. ,     I 


v"  , .     ■'♦'it'-.'-.       '^  I  ' 

•     Intl'      ■  f  tl>  it   j.i         ^  -:  • 
•     !     I    Ma    '    -1  ;     r<  :'     .'  '      ''     '«'     *- 


if^l^Ui^. 


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 

here.     H '~  '  = ' '~- ■-   *"-*  -'—  -  *="-  '"  '-"  — '  ■' 

now  resi 
county. 

A.  : 

a  very  ta 
The  sanii 
per  he  w 
attorncv 

in  the  coi 
field  aboi 


Willi 
to  the  ha 
and  took 
Hundred 
held  a  pi 
was  elecli 
He  remo 

L.  F 
latter  coi 
lawyer, 
and  was 
credit  in 
field  and 
city  he  d 

H.  G 
some  yea 
time,  and 

S.  S. 
of  the  cir 
good  law 
Illinois,  a 
was  a  fai 


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  partner,  Bryan,  were  great  orators,  but  each  of  them  was  able 
to  present  his  case  to  court  or  jury  with  commendable  ability  and  force.  Mr. 
Bryan  still  survives,  but  has  long  since  retired  from  the  bar. 

Judge  Powell  was  succeeded  in   1861   by  Amos  L.  Merriman,  who  held 

the  office  until  the  latter  part  of  the  year  1863,  when  he  resigned  the  same 

to  take  up  the  then  growing  business  of  prosecuting  war  claims  against  the 

government;   for  which  purpose  he  removed  to  Washington  city,  where  he  still 

resides.    As  before  stated  he  had  been  partner  with  his  brother  until  the  time 

of  the  latter's  death,  in  1854,  after  which  he  was  partner  of  Julius  Manning  until 

his  accession  to  the  bench.    He  was  the  office  lawyer  of  both  firms,  and  became 

an  expert  in  the  preparation  of  court  papers,  as  well  as  all  other  documents 

necessary  to  be  prepared  in  the  office  of  an  attorney.     He  was  not  considered 

a  very  able  advocate,  but  was  an  excellent  judge  of  the  law,  and  discharged  the 

duties  of  his  high  office  with  ability  and  to  the  satisfaction  of  all.     Upon  the 

retirement  of  Judge  Merriman  he  was  succeeded  by  Marion  Williamson. 

Judge  Williamson  had  come  to  Peoria  about  the  year  1856.     He  was  a 

native  of  Ohio  and   had  received   only  a  common-school  education,  but  his 

native  talent  and  diligent  study  overcame  all  obstacles  and  placed  him  in  the 

front  rank  of  the  youngef  members  of  the  bar.     After  coming  to  Peoria  he 

was  first  associated  for  three  years  with  Hon.  Hezekiah  M.  Wead,  after  which, 

until  his  accession  to  the  bench,  he  practiced  alone.     It  was  truthfully  said  of 

him,  "He  filled  the  office  with  honor  to  himself  and  benefit  to  the  community. 

His  peculiar  adaptability  to  the  position  made  him  one  of  the  best  officers  that 

evet  sat  upon  the  bench."    Upon  retiring  he  formed  a  partnership  with  Alexander 

McCoy,  Lorin  G.  Pratt  and  John  S.  Stevens,  which  was  terminated  by  his  death 

the  following  year. 

Sabin  D.  Puterbaugh,  the  successor  of  Judge  Williamson,  was  likewise  a 
native  of  Ohio,  but  had  come  with  his  parents  to  Illinois  when  he  was  five  years 
old.  His  early  education  was  obtained  at  the  common  schools  of  Tazewell 
county.  He  was  admitted  to  the  bar  in  January,  1857,  and  at  once  became 
partner  of  Hon.  Samuel  W.  Fuller,  then  state  senator  from  that  district.  After 
the  removal  of  Mr.  Fuller  to  Chicago,  Mr.  Puterbaugh  formed  a  partnership 


3o8  THE  BENCH  AND  BAR  OF  ILLINOIS. 

with  Hon.  John  B.  Cohrs,  which  continued  until  1861.  Mr.  Puterbaugh  then 
entered  the  army  as  major  of  the  Eleventh  Illinois  Cavalry,  and  remained  in  the 
service  until  November,  1862,  when  he  resigned  and  removed  to  Peoria.  In 
1868  he  formed  a  partnership  with  E.  C.  &  R.  G.  IngersoU,  the  former  of  whom 
w^as  then  a  representative  in  congress.  This  firm  continued  until  June,  1867, 
when  he  was  elected  to  the  office  of  circuit  judge.  He  held  this  office  until 
March,  1873,  2^"^  ^^^^  resigned  to  resume  the  practice  of  his  profession.  As  a 
judge  he  was  upright,  painstaking,  diligent  and  correct  in  his  decisions,  and 
discharged  the  duties  of  his  office  with  ability  and  fidelity.  He  is  perhaps  best 
known  to  the  profession  as  the  author  of  Puterbaugh's  Common  Law  Plead- 
ings and  Practice  and  Puterbaugh's  Chancery  Pleading  and  Practice,  both  of 
which  works  are  accepted  as  standard  authority. 

Judge  Puterbaugh  also,  in  1877,  took  a  conspicuous  part  in  the  measures 
before  the  legislature  for  the  reorganization  of  the  judiciary,  and  the  creation 
of  the  appellate  courts.  To  his  efforts  probably  more  than  to  those  of  any  other 
one  man  the  state  is  indebted  for  the  adoption  of  those  measures.    - 

In  politics  he  was  a  Democrat  until  the  outbreak  of  the  Rebellion,  when 
he  identified  himself  with  the  Republican  party,  and  he  was  one  of  the  presi- 
dential electors  in  1880,  at  which  time  he  cast  his  vote  in  the  electoral  college 
for  James  A.  Garfield  for  president  and  Chester  A.  Arthur  for  vice-president. 
He  continued  in  the  practice  of  the  law  until  his  death,  which  occurred  on  Sep- 
tember 25,  1892. 

Upon  the  resignation  of  Judge  Puterbaugh,  Henry  B.  Hopkins  was  ap- 
pointed by  the  governor  to  fill  out  the  unexpired  term.  Although  an  excellent 
lawyer,  Mr.  Hopkins  did  not  give  promise  of  very  great  success  as  a  judge. 
The  trouble  seemed  to  be  that  he  was  too  cautious  and  too  considerate,  and 
consequently  too  slow  in  his  movements  for  the  speedy  dispatch  of  business. 
He  was  a  native  of  Vermont  and  had  for  many  years  been  a  partner  of  E.  G. 
Johnson.  He  was  exceedingly  laborious  and  painstaking,  and  had  the  reputa- 
tion with  the  judges  of  the  supreme  court  of  having  prepared  some  of  the  best 
arguments  ever  presented  to  that  tribunal.    He  died  in  1892. 

Joseph  W.  Cochran,  a  native  of  Ohio,  succeeded  Judge  Hopkins.  He  had 
come  to  Peoria  about  the  year  1858,  and  had  been  successful  as  a  lawyer  and 
master  in  chancery.  His  present  place  of  residence  is  the  city  of  Chicago. 
At  the  same  election  John  Burns,  of  Lacon,  Marshall  county,  was  elected  judge 
of  the  adjoining  circuit.  Judge  Burns  had  been  engaged  in  successful  practice 
for  many  years  in  Marshall  and  adjoining  counties,  and  had  represented  his 
district  in  the  constitutional  convention  of  1862.  By  the  action  of  the  legisla- 
ture of  1877  these  two  circuits  were  united,  and  David  McCuUoch  w*as  elected 
as  the  third  judge  of  the  new  circuit. 

At  the  election  of  1879  Judges  Burns  and  McCuUoch  were  re-elected  and 
Ninian  M.  Laws,  of  Marshall  county,  succeeded  Judge  Cochran.  Judge  Mc- 
CuUoch was  immediately  assigned  to  the  appellate  bench  of  the  third  district, 
which  position  he  continued  to  occupy  until  the  end  of  his  term. 

At  the  election  of  1885,  Thomas  M.  Shaw,  of  Marshall  county,  Nathaniel 


THE  BENCH  AND  BAR  OF  ILLINOIS.  309 

W.  Green,  of  Tazewell  county,  and  Samuel  S.  Page,  of  Peoria  county,  were 
elected.  Judge  Shaw  had  very  ably  represented  his  district  in  the  state  senate 
during  the  thirty-second  and  thirty-third  sessions  of  the  legislature,  and  had 
at  the  latter  session  been  honored  with  the  unanimous  vote  of  the  senators 
of  his  party  for  the  position  of  president  pro  tempore  of  the  senate.  He  is  now 
filling  his  third  term  on  the  circuit  bench. 

Judge  Green  was  immediately  assigned  to  the  bench  of  the  appellate  court, 
a  position  he  continued  to  occupy  until  his  retirement,  in  1897.  Judge  Page 
resigned  in  1890,  and  was  succeeded  for  the  remainder  of  the  term  by  Hon. 
Lawrence  W.  James.  At  the  election  of  1891,  Judges  Shaw  and  Green  were 
re-elected  and  Nicholas  E.  Worthington  succeeded  Judge  James. 

Judge  Worthington  had  ably  represented  the  tenth  district  for  two  terms 
in  the  congress  of  the  United  States,  and  had  been  appointed  by  President 
Cleveland  as  a  member  of  the  labor  commission,  in  which  capacity  he  had  made 
and  presented  to  the  president  a  very  able  report. 

At  the  election  of  1897  Judges  Shaw  and  Worthington  were  re-elected  and 
Leslie  D.  Puterbaugh  succeeded  Judge  Green.  Upon  his  re-election  Judge 
Worthington  was  immediately  assigned  to  the  bench  of  the  appellate  court  for 
the  fourth  district,  a  position  he  still  occupies. 


CHAPTER  XVI. 

LAWYERS   OF   PEORIA   COUNTY. 

DAVID  McCULLOCH.— Before  the  days  when  the  railroad  connected 
Peoria  with  the  outside  world  David  McCulloch  located  in  that  city  and 
has  since  made  it  his  home.  He  was  born  January  25,  1832,  in  Cumber- 
land county,  Pennsylvania,  and  is  a  son  of  Thomas  and  Isabella  (Blean)  iMc- 
Culloch,  the  former  a  farmer  by  occupation.  The  great-grandfather  of  our 
subject,  John  McCulloch,  a  resident  of  the  north  of  Ireland,  came  to  America 
about  the  year  1735,  locating  west  of  the  Susquehanna  river,  where  many  of  his 
descendants  still  reside. 

David  McCulloch  acquired  his  collegiate  education  in  Marshall  College, 
of  Mercersburg,  Pennsylvania,  and  was  graduated  in  the  class  of  1852.    He 
then  engaged  in  teaching  in  his  native  village  for  six  months,  after  which  he 
started  westward,  having  determined  to  try  his  fortune  in  Illinois.     He  arrived 
in  Peoria  on  the  23d  of  April,  1853.     There  was  then  no  railroad  nearer  than 
Bureau  Junction,  near  Hennepin,  and  he  completed  the  journey  by  steamboat 
from  La  Salle.     For  two  years  after  his  arrival  he  conducted  a  private  school, 
after  which,  in  the  spring  of  1855,  he  began  »the  study  of  law  in  the  office  of 
Manning  &  Merriman,  prominent  attorneys  of  Peoria,  and  was  admitted  to  the 
bar  in  1857.    In  November,  1855,  however,  he  was  elected  school  commissioner 
of  Peoria  county,  an  office  equivalent  to  the  present  one  of  county  superintendent, 
in  which  capacity  he  served  for  three  terms  of  two  years  each,  from  1855  until 
1 86 1.    He  was  then  taken  into  partnership  in  the  practice  of  his  profession  with 
Julius  Manning,  one  of  the  ablest  lawyers  in  the  state,  who  died  July  4,  1862. 
In  the  same  year  he  formed  a  partnership  with  Charles  P.  Taggart,  who  in 
1864  was  elected  state's  attorney  of  the  sixteenth  circuit;  but  on  account  of  his 
failing  health  the  duties  of  the  office  were  for  more  than  two  years  performed 
by  Mr.  McCulloch.     From   1870  until  1875  Mr.  McCulloch  was  a  partner  of 
John  S.  Stevens,  and  in  1877  was  elected  to  the  office  of  circuit  judge,  in  which 
capacity  he  served  for  eight  years.     In  1879  ^^  ^^^ts  assigned  by  the  supreme 
court  as  one  of  the  justices  of  the  appellate  court  of  the  third  district,  where  for 
five  years  he  was  associated  with  Judges  Chauncey  L.  Higbee  and  Oliver  L. 
Davis.    The  former  then  died  and  was  succeeded  by  Judge  William  Welch  for 
one  year.    On  his  retirement  from  the  bench  in  1885  Judge  McCulloch  formed  a 
partnership  with  his  son,  E.  D.  McCulloch,  and  the  firm  has  since  occupied  a 
leading  position  at  the  Peoria  county  bar,  retaining  a  distinctively  representative 
clientele. 

That  the  Judge  ranks  high  with  his  brethren  of  the  bar  is  indicated  by  the 
fact  that  at  the  first  meeting  of  the  State  Bar  Association  he  was  placed  on  a 

310 


THE  BENCH  AND  BAR  OF  ILLINOIS,  3" 

committee  with  Judges  Sabin  D.  Puterbaugh  and  Anthony  Thornton,  which 
devised  the  plan  and  drafted  the  bills  which  afterward,  with  some  modifications, 
became  laws,  whereby  the  judicial  system  was  reconstructed  and  the  appellate 
courts  were  brought  into  existence;  also  by  the  fact  that  he  was  elected  as 
the  second  president  of  that  association ;  that  he  has  repeatedly  been  called 
upon  to  address  it  upon  the  most  important  topics,  and  has  acted  upon  its  most 
important  committees. 

Judge  McCulloch  was  reared  in  the  Democratic  faith  and  cast  his  first 
presidential  vote  for  James  Buchanan,  for  whom  he  entertained  a  high  personal 
regard  on  account  of  his  having  been  president  of  the  board  of  trustees  of 
Marshall  College  while  Mr.  McCulloch  was  a  student  at  that  institution.  In 
i860  he  voted  for  Stephen  A.  Douglas.  During  the  campaign  of  1862  he,  as  a 
war  Democrat,  advocated  the  election  to  congress  of  Colonel  Thomas  J.  Hen- 
derson (who  was  then  actively  engaged  in  the  field)  as  against  Owen  Lovejoy ; 
but,  finding  the  lines  between  union  and  disunion  becoming  very  strongly 
drawn,  he  declined  voting  for  some  of  the  Democratic  candidates.  From  that 
time  until  1886  he  voted  the  Republican  ticket  and  since  then  the  Prohibitioji 
ticket.  At  all  times  he  has  been  a  loyal  American,  placing  country  before  party, 
and  at  the  present  time  is  giving  his  support  to  the  McKinley  administration, 
for,  in  this  critical  period  of  our  history,  when  all  the  tact  and  diplomacy  of 
our  statesmen  are  needed  to  settle  the  controversy  with  Spain,  he  believes  in 
upholding  the  hands  of  him  upon  whom  rests  the  great  responsibility  of  main- 
taining the  honor  of  the  nation  and  asserting  her  rights  against  the  encroach- 
ments of  foreign  powers.  It  is  at  such  times  that  partisanship  should  sink  into 
insignificance  and  the  interests  of  the  nation  should  be  paramount,  and  in  such 
a  crisis  men  of  the  caliber  of  Judge  McCulloch  are  ever  found  true  to  the 
highest  principles  and  loftiest  patriotism. 

In  his  church  relationship  the  Judge  is  a  Presbyterian,  and  since  1870  has 
served  as  a  ruling  elder  in  the  Second  Presbyterian  church  of  Peoria.  He  has 
also  for  several  years  been  a  member  of  the  board  of  directors  of  McCormick 
Theological  Seminary  at  Chicago,  one  of  the  leading  educational  institutions  of 
that  denomination.  He  was  married  September  2,  1858,  to  Mary  Fulton  Hemp- 
hill, who  resided  near  Shippensburg,  Cumberland  county,  Pennsylvania.  Their 
children  are  Edward  Dickinson,  William  Herron  and  Mary  Hemphill,  now  the 
wife  of  Edward  D.  McDougal. 

W.  F.  Bryan,  of  Peoria,  is  a  retired  lawyer,  who  for  some  years  was  promi- 
nently identified  with  the  legal  profession  in  that  city.  He  is  descended  from 
Anglo-Irish  ancestry.  The  name  Bryan  is  derived  by  English  heraldry  from 
Bryn,  which  is  the  Anglo-Saxon  name  of  a  hill.  It  is  now  found  among  old 
family  names  of  England,  buried  under  titles.  Ireland,  however,  has  her 
familiar  O'Brians  and  O'Briens,  and  France  her  Chateaubriands,  Brians  and 
Briens.  The  great-grandfather  of  our  subject,  Samuel  Bryan,  was  a  native  and 
resident  of  Dublin,  and  a  prominent  shipping  merchant  of  that  place.  He  mar- 
ried a  Miss  Dennis,  who  was  also  born  in  that  locality  and  brought  the  pure 
Irish  strain  into  the  paternal  ancestry,  although  France  claims  title  to  this  name 


312  THE  BENCH  AND  BAR  OF  ILLINOIS, 

also,  through  her  national  Saint  Denis,  deriving  it  from  Dionysius  (Dionese),  of 
Gracca. 

George  Bryan,  their  eldest  son,  and  the  grandfather  of  our  subject,  was 
born  in  Dublin,  in  1730,  and  in  1750  crossed  the  Atlantic  to  the  new  world, 
locating  in  Philadelphia,  where  he  also  engaged  in  business  as  a  shipping  mer- 
chant.   He  was  then  only  twenty  years  of  age,  and  the  following  extracts  from 
a  letter  which  he  received  from  his  father  in  1752  will  serve  to  show  some- 
thing of  the  spirit  of  that  era  and  the  opinions  and  manners  of  the  better  class 
of  Irish  gentlemen  at  that  period.    One  can  easily  picture  him  as  a  man  of  the 
eighteenth  century  with  cocked  hat,  powdered  wig,  plaited  or  ribboned  queue, 
knee  breeches,  silk  stockings,  silver-buckled  shoes  and  a  small  sword  hanging 
from  his  side.     In  response  to  a  letter  from  his  son,  he  took  the  opportunity 
to  give  him  some  good  advice  concerning  the  paths  of  life  in  which  he  should 
walk,  and  said :    **I  am  informed  your  evenings  are  taken  up  in  boating  on  the 
river  and  down  to  Mr.  Bleakly^s.    This  can  in  no  way  improve  you  as  a  man 
coming  into  life.    I've  commended  to  you  the  best  of  company  to  keep, — men  in 
business,  men  of  conversation  and  good  manners,  that  when  I  meet  you  again  I 
may  not  meet  with  the  rustic  or  tar,  but  the  genteel,  pretty,  agreeable  fellow, 
as  well  as  the  complete,  sensible  merchant ;  and  this  will  never  be  the  case  if  you 
proceed  in  your  present  course ;  for  you  take  the  readiest  method  to  lock  your- 
self from  what  I  have  recommended  to  you  to  do.     I  gave  you  long  letters 
before  leaving  home,  recommending  your  going  into  all  companies  where  men 
of  manners,  sense,  etc.,  were  to  be  found, — the  expense  I  valued  not, — and  those 
as  good  or  better  than  yourself.    The  amusements  of  dancing,  fencing,  the  use 
of  the  small  sword,  taking  a  glass  of  wine  or  punch  with  a  few  such,  I  am 
recommending  at  particular  evenings,  and  after  business  is  over  will  be  showing 
yourself  to  mankind  to  .be  known  and  regarded.    Let  not  the  carelessness  of  the 
world  about  you  with  respect  to  God  and  religion  have  any  effect  on  you,  for  if 
once  you  can  lose  sight  of  this  you  will  be  an  easy  prey  to  every  vice  which 
offers.     I  am  doing  everything  in  my  power  to  advance  you  in  the  work  and 
establish  you  as  my  son.     Do  not  defeat  it  in  any  one  instance,  but  resolve, 
and  I  am  sure  you  have  resolution  enough  to  surmount  everything  I  can  find 
fault  with." 

The  good  advice  offered  was  dutifully  followed  by  the  son,  and  George 
Bryan  not  only  won  the  respect  and  esteem  of  his  fellow  men  but  also  received 
at  their  hands  high  honors,  and  left  the  impress  of  his  strong  individuality  upon 
the  early  history  of  the  state.  He  had  acquired  a  collegiate  education,  and  his 
tastes  and  ambition  soon  inspired  him  to  other  than  a  mercantile  life.  From  1764 
until  his  death,  in  1790,  he  was  the  popular  favorite  and  active  recipient  succes- 
sively of  judicial,  ministerial,  executive  and  legislative  honors,  and  finally,  in 
1780,  won  the  highest  judicial  honors  within  the  gift  of  the  people  of  the  state, 
serving  as  judge  of  the  supreme  court  of  Pennsylvania  until  the  time  of  his 
death.  In  his  first  contest  for  political  office,  in  1764,  he  was  elected  burgess 
over  Dr.  Franklin  and  another  opponent.  "Franklin,"  writes  the  chronicler 
naively,  "died  like  a  philosopher ;   his  associate  agonized  in  death  and  afterward 


THE  BENCH  AND  BAR  OF  ILLINOIS.  313 

General  Reed  went  over  to  the  British."  (Life  of  General  Reed,  volume  i,  page 
30.)  "An  active  political  opponent,  a  Federalist,  accredits  Judge  George  Bryan 
as  the  author  of  the  first  constitution  of  Pennsylvania,  which  the  Federalist  de- 
nounces as  the  inevitable  precursor  of  anarchy.  (Life  in  Pennsylvania,  L.  302.) 
An  electric  flash  of  sarcastic  humor  now  exhibits  Dr.  Frankhn  as  an  'oily  gam- 
mon' who  had  discovered  that  *oil  would  smooth  the  ruffled  surface  of  the  sea.' 
So  had  he  found  it  most  effectual  in  assuaging  the  troubled  minds  of  his  fellow 
men.  Hence  he  was  claimed  by  both  constitutionalists  and  antis.  With  respect 
to  Mr.  Bryan,  so  conspicuous  at  this  era,  he  seldom  failed  to  give  evidence  of  such 
recondite  memory  that  a  bet  was  once  offered  that  he  could  name  the  town  crier 
of  Bergen-op-Zoom.  In  other  respects  he  was  well  enough  and  even  one  who 
in  the  main  was  acting  the  patriot  (ibid.) ;  but,  alas !  after  the  manner  of  Jeffer- 
son, who  then,  as  Lincoln  in  our  time,  advocated  'government  of  the  people,  for 
the  people  and  by  the  people.'  " 

George  Bryan  was  also  a  delegate  to  the  congress,  held  in  New  York  in 
^765,  to  protest  against  the  British  stamp  act.  (Life  of  Reed,  volume  2,  page 
481.)  As  vice-president  and  as  acting  president  of  Pennsylvania  in  1778,  he 
urged  the  legislature  to  aboUsh  slavery.  'Teople  of  Europe,"  he  said,  *'are 
astonished  to  see  a  people  struggling  for  liberty  holding  negroes  in  bondage ;" 
and  in  1779,  as  a  member  of  the  legislature,  he  secured  the  passage  of  the  first 
act  abolishing  slavery  in  this  country.  (Ibid.,  volume  2,  page  173.)  In  1779  he 
was  appointed,  in  connection  with  James  Madison  and  others,  to  estabUsh  the 
boundary  line  between  Pennsylvania  and  Virginia,  and  while  so  engaged  advised 
and  secured  the  adoption  of  the  Mason  and  Dixon  line,  which  was  subsequently 
(1780)  ratified  by  congress.  In  1780  he  was  appointed  judge  of  the  supreme 
court  of  Pennsylvania,  and  served  in  that  capacity  for  ten  years,  when  death 
ended  his  career. 

He  was  married  in  Philadelphia,  to  Elizabeth  Smith,  and  they  had  five  sons 
and  two  daughters.  One  of  the  sons,  Arthur  Bryan,  became  the  father-in-law 
of  Commodore  Turner  of  the  navy. 

George  Bryan,  Jr.,  father  of  our  subject,  was  born  in  Philadelphia  and 
acquired  a  collegiate  education.  His  early  manhood  was  devoted  to  mercantile 
pursuits  in  that  city.  He  was  a  man  of  domestic  tastes  and  retiring  disposition, 
and  the  only  public  ofEce  which  he  held  was  that  of  auditor  general  of  the  state, 
which  was  doubtless  given  him  on  account  of  the  brilliant  reputation  of  his 
father.  When  public  office  became  the  spoils  of  the  victor  he  naturally  retired. 
At  the  time  of  his  elevation  to  the  ofl&ce  he  removed  to  Lancaster,  Pennsylvania, 
which  was  the  capital  of  the  state  from  1799  ^^^il  1812.  It  was  then  removed 
to  Harrisburg,  and  Mr.  Bryan  accordingly  took  his  family  to  that  place ;  but  on 
his  retirement  from  office  he  returned  to  Lancaster,  where  he  carried  on  mer- 
chandising until  his  death,  in  December,  1838.  He  married  Anna  Maria  Stein- 
man,  a  native  of  Lancaster  and  of  German  (Moravian)  parentage.  She  was 
educated  in  the  noted  Moravian  Academy,  at  Bethlehem,  Pennsylvania,  the  first 
school  for  young  ladies  in  America.  Her  father,  Frederick  Steinman,  was  an 
active  and  prosperous  hardware  merchant  and  manufacturer,  and  her  mother 


314  THE  BENCH  AND  BAR  OF  ILLINOIS, 

was  Margaretta  Sybilla  (Mayer)  Steinman.  They  were  members  of  the  Mo- 
ravian church,  which,  together  with  the  Lutheran  and  German  Reformed 
churches,  embraces  a  large  portion  of  the  enterprise,  wealth  and  culture  of  Lan- 
caster. 

W.   F.  Bryan,  of  Peoria,  was  born  in   Lancaster,  August  22,   1810,  and 
when  only  two  years  of  age  was  taken  by  his  parents  to  Harrisburg,  where  he 
began  his  education.     He  afterward  studied  in  his  native  city,  the  family  re- 
turning there  on  the  father's  retirement  from  office.     He  pursued  a  regular 
college  curriculum  in  private  schools,  and  soon  after  laying  aside  his  text-books 
he  was  sent  to  Washington,  D.  C,  to  learn  the  art  of  printing.    His  father  had  a 
wealthy  cousin  who  had  retired  from  an  active  and  successful  career  of  politics 
and  journalism  and  was  then  enjoying  the  fruits  of  his  labors  in  an  elegant 
country  villa  near  that  city.    The  ultimate  object  of  this  choice  of  a  profession, 
as  he  afterward  learned,  was  to  equip  him  for  the  higher  career  of  editor;  but 
setting  and  distributing  type  became  monotonous  to  him  and  he  returned  home. 
Later,  however,  while  preparing  for  the  bar  in  the  city  of  Lancaster,  he  realized, 
in  a  small  way,  though  incognito,  his  father's  aspiration  for  him  by  assuming 
the  editorship  of  a  weekly  political  paper.    One  other  good  resulted  from  his  stay 
in  the  capital  city.     His  residence  there  was  enlivened  by  weekly  visits  to  the 
hospitable  mansion  of  his  relative,  Samuel  Harrison  Smith,  and  there  he  was 
often  brought  in  contact  with  many  distinguished  statesmen  of  the  time,  which 
of  course  had  its  influence  upon  his  life.    After  his  return  from  Washington  Mr. 
Bryan  was  sent  to  Chillicothe  to  be  initiated  into  the  vocation  of  merchandising, 
but  the  business  pursuits  selected  for  him  by  others  did  not  accord  with  his 
tastes  and  temperament  and  he  ultimately  drifted  into  a  profession  more  in 
harmony  with  his  tastes  and  desires.    It  was  while  in  Chillicothe  that  he  became 
a  member  of  a  debating  club,  where  he  frequently  met  Allen  G.  Thurman,  after- 
ward the  distinguished  senator  from  Ohio,  and  the  eminent  lawyer  and  jurist. 
From  that  time  the  bar  became  the  pole  star  of  Mr.  Bryan's  ambition.    He  bent 
all  his  energies  toward  reaching  the  goal,  immediately  returning  to  Lancaster, 
where  he  began  the  study  of  law. 

In  due  course  of  time  he  was  admitted  to  the  bar.  About  that  time  the  cry 
of  "Westward,  Ho!"  resounded  through  the  land,  and  on  the  tide  of  emigration 
steadily  drifting  toward  the  setting  sun  he  made  his  way  to  Illinois.  The  journey 
was  made  by  stage  to  Pittsburg  and  thence  by  the  Ohio  and  Illinois  rivers, 
stepping  from  the  steamer  to  the  levee  at  Peoria  in  the  spring  of  1839.  For 
many  years  thereafter  he  engaged  in  the  practice  of  law  and  secured  a  large 
clientage.  He  was  a  close  and  diligent  student  and  gained  a  broad  and  compre- 
hensive knowledge  of  the  science  of  jurisprudence.  He  won  some  important 
suits,  yet  the  theory  and  the  science  of  law  were  ever  more  attractive  to  him 
than  the  contests  of  the  forum.  His  cases  were  prepared  witK  the  greatest 
thoroughness  and  precision,  and  his  arguments  were  logical,  forceful  and  con- 
vincing. Possessed,  however,  of  an  extremely  nervous  organism,  he  was  in  a 
measure  unfitted  for  the  exciting  scenes  of  the  court-room,  yet  the  court  records 


.    THE  BENCH  AND  BAR  OF  ILLINOIS.  315 

indicate  by  the  many  leading  cases  which  he  won  his  marked  ability  and  talent 
for  the  law. 

In  September,  1845,  Mr.  Bryan  was  united  in  marriage  to  Miss  Jane  G. 
Evans,  of  Lancaster,  Pennsylvania.  Her  father,  Robert  Evans,  then  deceased, 
was  a  successful  merchant  and  left  his  family  in  comfortable  circumstances,  and 
the  mother,  Anna  Margaretta  (Gundaker)  Evans,  being  most  devoted  to  her 
children,  provided  them  with  the  best  educational  privileges.  She  was  a  member 
of  the  Lutheran  church  until  her  marriage,  when  she  joined  the  Presbyterian 
church,  to  which  her  husband  belonged.  Her  death  occurred  a  few  years  after 
the  marriage  of  her  daughter,  Mrs.  Bryan,  who  completed  her  education  in 
Philadelphia,  and  was  a  most  cultured  lady.  To  our  subject  and  his  wife  were 
bom  six  children,  namely :  Anna  Margaretta,  wife  of  Arthur  H.  Rugg,  a  resident 
of  Chicago;  George,  of  Peoria,  who  married  Eugenie  M.  Steele,  of  Romulus, 
New  York,  and  has  two  children, — Margaretta  and  George ;  William  Frederick, 
a  resident  of  Peoria ;  Edward  Arthur,  who  married  Lucy  Gibson,  of  Peoria,  and 
with  his  wife  and  son,  William  Frederick,  resides  in  Chicago;  Robert  Evans, 
who  died  in  early  childhood ;  and  Jennie  Logan,  who  resides  with  her  father  in 
Peoria. 

Largely  on  account  of  his  nervous  temperament  and  studious  inclination 
Mr.  Bryan  has  always  preferred  the  retired  life  of  the  scholar  to  the  active  one 
of  the  politician  or  society  man.  He  has  never  sought  or  desired  political  pre- 
ferment and  has  held  no  public  office,  whatever,  except  in  scientific  and  literary 
societies  to  which  he  has  belonged.  He  has  carried  his  research  and  investi- 
gation far  and  wide  into  the  realms  of  literature  and  science,  and  has  delighted 
in  the  companionship  of  his  favorite  authors,  who  are  to  him  true  and  tried 
friends  of  long  years'  standing.  At  all  times  he  has  commanded  the  respect  and 
esteem  of  his  fellow  men,  and  well  deserves  mention  in  the  history  of  the  Illinois 
bar,  at  which  he  won  high  standing. 

Hezekiah  M.  Wead. — ^Vermont  is  a  small  state,  and  comparatively  a  sterile 
one;    but  the  intelligence,  industry,. energy  and  self-reliance  of  her  sturdy  sons 
for  many  years  after  the  adoption  of  the  federal  constitution  gave  to  them  an 
influence,  out  of  proportion  to  their  numbers,  in  the  development  and  legislation 
of  each  new  commonwealth  admitted  to  the  Union.     In  common  with  other 
states  carved  out  of  the  Northwestern  territory,  Illinois,  in  her  infancy  and  youth, 
received  as  emigrants  many  sons  of  Vermont  who,  thoroughly  uniting  their 
own  fortunes  to  hers,  gave  to  their  adopted  state  loyal  and  intelligent  service, 
and  in  their  turn  waxed  strong  with  her  growth  and  prospered  with  her  pros- 
perity.    Between  the  years  1820  and  1850  especially,  the  learned  professions  in 
Illinois,  and  particularly  that  of  the  law,  received  from  the  Green  Mountain  state 
many  such  recruits ;  and  among  those  who  thus  sought  upon  the  fertile  prairies 
of  the  west  a  more  inviting  field  for  the  practice  of  law  than  was  afforded  by» 
the  conditions  of  their  native  states,  and  who  achieved  in  his  new  home  an 
honorable  degree  of  success,  both  as  a  lawyer  and  a  citizen,  was  Hezekiah  M. 
Wead. 

Family  tradition  has  it  that  his  early  ancestors  were  Huguenots,  who,  driven 


3i6  THE  BENCH  AND  BAR  OF  ILLINOIS. 

from  France  by  religious  persecution,  about  1650,  settled  in  western  Connecti- 
cut, and  that  some  of  the  descendants  of  the  original  stock  early  emigrated  from 
Connecticut,  first  to  Alassachusetts  and  afterward  to  Vermont,  in  which  state, 
at  Sheldon,  Franklin  county,  the  subject  of  this  sketch  was  born,  on  the  ist  of 
June,  1810.  As  a  boy  he  was  bright  and  intelligent,  and  possessed  a  good 
memory  and  lively  imagination.  His  father  was  not  a  man  of  great  means,  and 
he  pursued  his  education  in  the  village  school  of  Sheldon,  through  the  winter 
seasons  only,  until  he  attained  his  seventeenth  year.  He  then  attended  an  acad- 
emy at  Castleton,  Rutland  county,  for  about  six  months,  which  completed  his 
education,  so  far  as  instruction  in  a  school-room  was  concerned.  However,  he 
had  already  acquired  a  desire  for  learning  and  a  love  of  books,  and  by  extensive 
reading  in  early  manhood  he  became  well  informed  upon  matters  of  American 
and  European  history,  English  literature,  political  economy  and  other  congenial 
subjects,  as  well  as  in  the  profession  to  which  he  devoted  his  special  attention 
and  best  efforts  through  life. 

After  leaving  Castleton  Academy  he  served  for  a  time  as  a  clerk  for  a 
merchant  in  West  Rutland,  Vermont,  and  later  worked  his  passage  on  a  canal- 
boat,  starting  from  a  point  near  Rutland  and  going  to  Pittsford,  Monroe  county, 
New  York.  In  the  latter  place  he  taught  school  for  several  terms,  and  at  the 
same  time  began  the  study  of  law,  having  access  to  the  library  of  Ira  Bellows, 
Esquire.  From  Pittsford  he  went  to  Malone,  Franklin  county,  New  York,  where 
he  continued  the  study  of  law  under  the  direction  of  Asa  Haskell,  and  where,  in 
1832,  he  was  admitted  to  practice  before  the  court  of  common  pleas  of  Franklin 
county. 

He  did  not  remain  long,  however,  at  Malone,  but  went  from  there  to  St. 
Albans,  Vermont,  which  is  near  his  birth-place.  There  he  entered  the  office  of 
Messrs.  Smalley  &  Adams,  then  eminent  lawyers  of  that  place,  with  whom  he 
remained  as  a  law  student  for  a  few  months,  when  he  was  admitted  to  the  Ver- 
mont bar.  Subsequently  he  removed  to  Akron,  Ohio,  where  he  taught  school 
for  about  a  year,  and  then  returned  to  the  Green  Mountain  state,  where  shortly 
afterward,  about  the  yfear  1836,  he  formed  a  co-partnership  for  the  practice  of 
law  with  General  Seth  Cushman,  of  Guildhall,  who  was  then  one  of  the  most 
eloquent  and  able  lawyers  of  New  England.  This  connection  was  maintained 
for  two  years,  during  which  time  the  firm  practiced  in  several  adjoining  counties 
of  Vermont  and  New  Hampshire.  Soon  after  the  dissolution  of  this  partnership 
Mr.  Wead  w^ent  to  New  Jersey,  where  he  engaged  in  teaching  school  for  about 
three  years.  At  the  expiration  of  that  period,  he  removed  to  Illinois  in  1840, 
locating  in  Lewistown,  Fulton  county,  at  which  place  he  at  once  opened  an 
office  for  the  practice  of  his  profession. 

In  his  history  of  Illinois  Governor  Ford  says  that  the  year  1840  was  one  of 
the  darkest  periods  in  public  affairs  in  the  annals  of  the  state.  The  reckless 
system  of  public  improvements,  inaugurated  in  1836,  had  then  resulted  in  an 
inevitable  crash,  with  great  financial  loss  to  the  state.  The  State  Bank  and  the 
Shawneetown  Bank,  in  both  of  which  the  state  was  a  large  stockholder,  and  to 
sustain  the  credit  of  which  its  good  faith  was  pledged,  had  both  suspended  specie 


THE  BENCH  AND  BAR  OF  H^LINOIS,  317 

payments,  and  their  notes,  already  greatly  depreciated  in  value,  continued  to  fur- 
ther depreciate  until  both  banks  ultimately  failed.  The  state  debt  in  1840 
amounted  to  about  fourteen  million  dollars,  then  a  prodigious  sum  compared 
with  the  state's  resources  and  ability  to  pay ;  interest  was  in  arrears ;  and  there 
seemed  no  way  possible  to  provide  for  the  payment  of  the  debt.  At  this  critical 
juncture  in  the  affairs  of  the  commonwealth  dishonest  men  and  men  not  natu- 
rally dishonest  but  of  faint  heart,  throughout  Illinois,  began  to  advocate  repudia- 
tion of  the  debt,  and  so  popular  was  this  cry  as  -a  remedy  for  the  result  of  the 
previous  reckless  expenditures  of  the  state  legislatures  that  it  soon  became  a 
controlling  state  issue,  and  for  several  years  following  1839  i^  ^^as  a  question  of 
great  doubt  whether  or  not  the  state  would  financially  repudiate. 

Mr.  Wead,  before  his  arrival  in  the  state,  had  been  an  ardent  Democrat,  and 
continued  there  his  allegiance  to  that  party.  In  both  that  party  and  in  the  Whig 
party,  however,  repudiationists  and  anti-repudiationists  were  to  be  found,  ^r. 
Wead  promptly  allied  himself  with  the  latter,  and  gained  many  warm  friends  by 
the  earnestness,  ability  and  force  with  which,  upon  the  stump  and  off  of  it,  he 
advocated  his  views  in  this  regard. 

Very  soon  after  his  arrival  in  Fulton  county  his  ability  as  a  lawyer  was 
recognized,  and  he  speedily  obtained  a  fairly  lucrative  practice  for  those  days. 
In  1847,  partly  because  of  his  standing  at  the  bar,  but  mainly  because  of  his 
unyielding  opposition  to  state  banks  and  repudiation  of  the  state  debt,  he  was 
elected  a  member  of  the  convention  to  revise  the  stale  constitution,  and  when 
that  convention  met  he  was  appointed  a  member  of  the  committee  on  judiciary 
and  took  an  active  part  throughout  the  sessions  of  the  convention  in  the  prepa- 
ration of  the  new  constitution. 

During  the  time  of  his  experience  as  a  teacher  in  Ohio  and  New  Jersey, 
Mr.  Wead  had  been  led  to  take  a  very  deep  interest  in  educational  matters,  and 
particularly  in  the  question  of  popular  education.    This  interest  continued  to  be 
actively  manifested  for  many  years  after  his  arrival  in  Illinois,  at  which  time  the 
common-school  system  of  the  state  was  in  a  most  chaotic  and  unsatisfactory 
condition,  and  he  labored  zealously  to  correct  this  evil  and  advance  the  useful- 
ness of  the  public  schools.    Other  friends  of  popular  education  throughout  the 
state  were  also  working  most  earnestly  with  the  same  end  in  view,  and  in  1844 
a  convention  was  held  in  Peoria  at  which  John  S.  Wright,  of  Chicago,  D.  J. 
Pinckney,  of  Ogle,  and  H.  M.  Wead,  of  Lewistown,  were  appointed  a  committee 
to  prepare  and  submit  to  the  next  session  of  the  legislature  a  memorial  in  favor 
of  an  efficient  common-school  system.     This  memorial  was  prepared  and  sub- 
mitted to  the  legislature  of  1845,  ^^^  appears  in  the  Reports  of  the  Transactions 
of  the  Illinois  Legislature  of  that  year. 

Mr.  Wead  took  an  active  part  in  the  preparation  of  this  report,  which  was 
an  able  and  exhaustive  document,  and  recommended  many  radical  and  important 
changes  in  the  existing  laws.  Most  of  the  changes  so  recommended  were  ulti- 
mately made,  and  this  memorial  forms  an  important  stone  in  the  foundation  of 
our  common-school  system.  Few  of  these  changes,  however,  were  made  by  the 
legislature  to  which  the  memorial  was  submitted,  although  the  system  advocated 


3i8  THE  BENCH  AND  BAR  OF  ILLINOIS 

therein  had  the  hearty  support  and  approval  of  Governor  Ford,  then  the  chief 
executive  of  the  state.  It  did,  however,  take  some  steps  toward  bringing  about 
the  reforms  recommended,  and  subsequent  legislatures  slowly  took  other  steps 
in  the  same  direction.  At  the  time  of  the  meeting  of  the  constitutional  conven- 
tion, however,  there  was  still  much  left  to  be  done,  and  the  friends  of  a  broad, 
efficient  common-school  system  throughout  the  state  were  very  anxious  that 
recognition  should  be  made  of  the  matter,  and  such  system  provided  for,  by 
the  new  constitution.  The  Hoii.  John  M.  Palmer  was  chairman  of  the  committee 
on  education  of  that  body,  and  was  heartily  in  favor  of  most  of  the  provisions 
referred  to;  and  he,  as  well  as  Mr.  Wead,  and  many  others,  labored  earnestly 
to  have  some  action  in  the  matter  taken  by  the  convention.  The  time  for  such 
action,  however,  appeared  to  be  unpropitious.  By  the  majority  of  the  delegates 
it  was  deemed  either  unwise  or  not  within  the  scope  of  their  duties,  and  nothing 
was  then  done;  but  later,  by  the  constitutional  convention  of  1870,  the  subject 
was  directly  and  efficiently  acted  upon. 

No  other  subject  before  the  convention  of  1847,  not  excepting  even  the 
question  whether  the  legislature  should  or  should  not  be  authorized  to  charter 
state  banks,  excited  more  earnest  attention  or  discussion  than  the  provision 
to  be  made  in  the  constitution  for  a  system  of  judiciary.  Under  the  constitution 
of  1818  the  judiciary  system  of  the  state  conformed  closely  to  that  of  the  United 
States.  The  judges  of  the  supreme  court  were  appointed  instead  of  being  elected 
by  popular  vote  as  they  now  are;  they  held  their  office  during  good  behavior; 
they  performed  not  only  the  functions  of  a  court  of  appeals,  hut  also  held  nisi- 
prius  courts  in  the  various  circuits  of  the  state,  and  tfiey  appointed  their  own 
clerks  in  such  circuits.  The  system  had  not  proved  satisfactory  to  the  bar,  nor 
to  the  public ;  the  appointment  of  clerks  had  even  provoked  a  great  deal  of 
scandal,  but  the  ideas  of  the  various  members  of  the  judiciary  committee  in  the 
convention  and  of  the  other  members  of  the  convention  were  widely  variant 
as  to  a  system  to  take  the  place  of  the  then  existing  one.  .After  much  debate  a 
system  was  agreed   upon,  providing  for  dividing  the   state   into  three  grand 


THE  BENCH  AND  BAR  OF  ILLINOIS.  3^9 

cepting  the  offices.  It  seems  probable,  in  view  of  the  fact  that  many  of  the  best 
lawyers  who  ever  graced  the  bar  of  the  state  were  elected  either  to  the  supreme 
or  circuit  judgeships,  while  the  constitution  of  1847  was  in  force,  that  the  exact 
result  feared  did  not  arise;  but  when  the  great  number  of  resignations  which 
occurred  is  considered,  it  seems  likely  that  many  able  lawyers  accepted  office 
to  acquire  the  position,  standing  and  honor  which  resulted,  and  having  acquired 
these,  resigned  the  place  because  financially  unable  to  retain  it.  Thus,  in  the 
tenth  judicial  district,  which  was  created  in  1848,  at  the  next  session  of  the 
legislature  after  the  constitutional  convention  met,  every  judge  elected  for  a  full 
term,  between  the  time  of  the  organization  of  the  circuit  and  the  adoption  of  the 
new  constitution  in  1870,  resigned  without  serving  his  full  term.  Among  these 
so  resigning  were  Charles  B.  Lawrence  and  William  Kellogg.  In  other  circuits 
and  also  upon  the  supreme  bench,  resignations  were  likewise  very  frequent ;  but 
since  the  constitution'of  1870,  fixing  adequate  salaries,  was  adopted,  resignations, 
by  either  supreme  or  circuit  judges,  have  been  almost  unknown. 

In  1852  Mr.  Wead  was  elected  judge  of  the  sixteenth  circuit  above  referred 
to.  He  served  in  that  capacity  only  until  the  summer  of  1855.  the  new  constitu- 
tion providing  for  the  election  of  judges  throughout  the  state  in  June  of  that 
year.  His  service  upon  the  bench  was  satisfactory  to  the  bar.  and  also  to  the 
public  of  his  circuit,  but  he  was  pecuniarily  unable  to  bear  the  burden  of  holding 
the  office  for  another  term,  and  declined  to  be  a  candidate  for  re-election. 

About  the  time  his  term  of  office  expired,  Judge  Wead  removed  from  Lewis- 
town  to  Peoria,  and  resumed  there  the  practice  of  his  profession,  in  which  he 
continued  up  to  the  time  of  his  death,  being  engaged  in  many  important  cases. 
In  the  matter  of  contested  land  titles  especially  he  acquired  a  wide  reputation, 
and  between  the  years  1855  and  1870  he  had  a  large  practice  in  the  trial  of  eject- 
ment cases  at  each  term  of  the  United  States  circuit  court  (then  held  in  Chicago), 
in  addition  to  his  practice  at  the  Peoria  bar. 

In  i860,  prior  to  the  breaking  out  of  the  Rebellion,  Mr.  Wead  earnestly 
opposed  the  doctrine  of  secession  and  warmly  supported  the  government  in 
suppressing  the  Rebellion,  although  he  continued  his  allegiance  to  the  Demo- 
cratic party  until  his  death.  Indeed,  so  strong  was  his  attachment  to  Democratic 
principles  that  in  1872,  when  Greeley,  whom  he  knew  well  personally,  and  with 
whom  he  kept  up  a  friendly  correspondence  from  1840  until  1855,  was  a  candi- 
date for  the  presidency,  he  refused  to  support  him,  upon  the  ground  that 
Greeley  was  instinctively,  radically  and  unalterably  opposed  to  the  fundamental 
principles  of  the  Democratic  party ;  that  his  connection  with  that  party,  at  that 
time,  was  but  temporary,  and  upon  questions  which  would  soon  cease  to  be 
political  issues ;  that  from  his  mental  constitution  and  habits  of  thought  it  would 
inevitably  follow,  should  he  be  elected  to  the  presidency,  he  would  separate  from, 
and  be  at  war  with,  the  party  which  elected  him,  long  before  his  term  of  office 
would  expire. 

In  1 84 1  Judge  Wead  was  married  to  Eliza  Young  Emery,  a  daughter  of 
Samuel  Emery,  a  Methodist  clergyman,  who,  on  account  of  ill  health,  had 
abandoned  regular  service  as  a  minister  of  that  church  and  settled  at  Trivoli,  in 


320  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Peoria  county,  in  1837.  By  this  marriage  seven  children  were  bom,  two  of 
whom  died  in  infancy,  and  one,  Edgar  E.,  at  twenty-one  years  of  age,  while 
serving  in  the  Union  army  during  the  war  of  the  Rebellion.  The  other  children 
are  still  living. 

In  1861  Judge  Wcad  removed  from  Peoria  to  a  farm  distant  about  four 
miles  from  that  city,  and  there  resided  until  his  death,  driving  to  and  from  his 
office  in  the  city  each  day.  He  passed  away  May  10,  1876,  after  a  most  useful 
and  honorable  career.  He  left  the  impress  of  his  sterling  character  upon  many  of 
our  institutions.  He  was  a  man  of  marked  individuality  and  independence  of 
thought  and  action,  and  his  sterling  honesty  and  integrity  won  for  him  the 
respect  and  esteem  of  the  highest  and  the  humblest,  the  richest  and  the  poorest 
of  his  native  state.  As  a  lawyer  of  high  talent  and  ability,  his  standing  was 
unquestioned  for  more  than  thirty  years  prior  to  his  death.  In  public  life  the 
fearlessness  and  freedom  with  which  he  expressed  his  true  sentiments;  his 
unhesitating  denunciation  of  chicanery,  dishonesty,  hypocrisy  and  meanness; 
his  strong  prejudices,  and  combativeness  of  character, — created  for  him  many 
enemies,  and  deprived  him  of  the  full  measure  of  success  to  which  his  abilities 
entitled  him,  and  which,  no  doubt,  had  he  possessed  more  suavity  and  tact,  would 
have  been  his ;  but  at  all  times  he  was  honest  in  his  beliefs,  true  to  his  opinions 
and  loyal  to  his  friends,  and  his  name  adds  brightness  to  the  pages  of  the  history 
of  Illinois. 

William  Jack,  a  well  known  attorney  at  law  of  Peoria,  was  born  in  West- 
moreland county,  Pennsylvania,  on  the  loth  of  July,  1843,  ^^^  ^s  a  son  of 
Joseph  and  H.  J.  (Herron)  Jack,  also  natives  of  the  Keystone  state.  He  acquired 
his  education  at  Sewickley  Academy,  in  Mount  Pleasant  township,  Westmore- 
land county,  and  when  a  young  man  in  his  seventeenth  year  came  to  Illinois. 
Locating  in  Peoria,  he  here  continued  his  education  in  the  high  school  and  was 
graduated  in  the  class  of  1862.  He  had  previously  determined  to  make  the  prac- 
tice of  law  his  life  work,  and  immediately  after  his  graduation  became  a  student 
in  the  office  of  Judge  M.  Williamson,  with  whom  he  remained  for  a  year  and  a 
half.  He  then  continued  his  studies  with  Judge  H.  M.  Wead.  and  after  his  ad- 
mission to  the  bar  formed  a  partnership  with  his  preceptor,  a  connection  that  was 
continued  until  January,  1874.  In  that  year  he  entered  into  partnership  with 
L.  W.  James  under  the  firm  name  of  James  &  Jack.  He  was  appointed  master 
in  chancery  for  the  circuit  court  of  Peoria  county,  in  September,  1873,  ^^^  filled 
that  position  for  several  terms.  He  is  an  able  lawyer  of  wide  experience  and 
pronounced  ability,  and  enjoys  a  liberal  clientage. 

On  the  5th  of  August,  1869,  Mr.  Jack  was  united  in  marriage  to  Miss  Annie 
Grier,  daughter  of  John  C.  Grier,  of  Peoria.  He  is  a  member  of  the  Second 
Presbyterian  church  of  Peoria,  and  is  a  valued  citizen  of  the  community  who 
gives  his  support  to  all  beneficial  measures,  and  lends  the  influence  of  his  oppo- 
sition to  all  movements  that  are  detrimental  to  the  public  good. 

Oliver  J.  Bailey,  one  of  the  leading  lawyers  and  prominent  business  men  of 
Peoria,  is  a  member  of  the  firm  of  Bailey  &  Sedgwick,  one  of  the  oldest  in  years 
of  continuous  practice  in  Illinois.    He  was  born  in  the  town  of  Arcadia,  Wa^Tie 


;:» 


THE  BENCH  AND  BAR  OF  ILLINOIS.  321 

county,  New  York,  September  6,  1846,  and  is  a  son  of  Morrison  and  Mary 
Bailey,  who  with  their  family  removed  to  Will  county,  Illinois,  in  1849.  The 
father  was  a  farmer  by  occupation  and  entered  land  from  the  government  in  the 
township  afterward  organized  as  Green  Garden.  There  he  carried  on  agri- 
cultural pursuits  until  1852,  when  he  removed  to  Waterloo,  Blackhawk  county, 
Iowa.  In  1856  he  was  elected  to  the  Iowa  legislature  from  Blackhawk  and 
Buchanan  counties,  and  in  many  matters  of  public  concern  exerted  a  wide  and 
beneficent  influence.  In  July,  1862,  he  enlisted  and  was  made  quartermaster  of 
the  Thirty-second  Iowa  Infantry. 

Oliver  J.  Bailey  removed  with  his  parents  from  the  Empire  state  to  Illinois 
and  thence  to  Iowa,  remaining  at  Waterloo  until  1865,  when  he  returned  to  this 
state.  His  educational  privileges  were  only  such  as  were  afforded  by  the  com- 
mon schools,  but  he  has  always  been  a  student,  and  extensive  reading  and  a 
retentive  memory  have  made  him  a  man  of  broad  general  information.  Soon 
after  his  return  to  Illinois  he  began  the  study  of  law  in  the  office  of  General 
F.  P.  Partridge,  of  Sycamore,  DeKalb  county,  and  was  admitted  to  the  bar  in 
October,  1868,  at  which  time  he  opened  an  office  in  Sycamore,  continuing  in  gen- 
eral practice  there  until  1872,  when,  with  James  H.  Sedgwick,  then  in  practice 
at  Sandwich,  DeKalb  county,  he  removed  to  Chicago.  The  firm  of  Bailey.  & 
Sedgwick  opened  an  office  in  the  Metropolitan  block,  and  for  a  short  time  after 
the  Chicago  fire  enjoyed  the  distinction  of  having  the  only  complete  set  of 
Illinois  reports  in  the  central  part  of  the  city.  In  1875  Mr.  Bailey  was  appointed 
attorney  for  the  Aetna  Life  Insurance  Company,  with  charge  of  the  litigation 
growing  out  of  municipal  and  other  western  investments  of  such  company,  and 
in  that  position  he  is  still  the  active  representative  of  the  legal  interests  of  the 
company. 

The  same  year  the  law  firm  of  Bailey  &  Sedgwick  removed  to  Peoria,  which 
has  been  its  place  of  location  since  that  time.  In  the  same  year  Mr.  Bailey  also 
formed  a  partnership  with  B.  L.  T.  Bourland,  of  this  city,  who  had  long  been 
one  of  the  loan  agents  of  the  Aetna  Life  Insurance  Company  for  central  Illinois. 
The  agencies  for  Springfield  and  Peoria  were  consolidated  and  the  general  busi- 
ness of  the  two  agencies  was  placed  under  the  management  of  Bourland^  Bailey 
and  so  remains.  The  subject  of  this  review  has  always  made  a  specialty  of  muni- 
cipal and  real-estate  law,  and  during  the  years  of  his  practice  has  represented 
many  eastern  corporations  and  investors  in  most  important  litigation,  as  the 
dockets  of  the  federal  courts  of  this  and  adjoining  states  will  show.  He  was 
admitted  to  practice  in  the  United  States  supreme  court  October  24,  1878,  on 
the  motion  of  Hon.  Montgomery  Blair.  His  knowledge  of  the  law  is  very  broad 
and  accurate,  and  his  forceful  and  logical  presentation  of  his  cause  never  fails 
to  impress  the  court  or  jury  and  seldom  fails  to  convince. 

On  the  4th  of  September,  1865,  two  days  before  he  was  nineteen  years  old, 
Mr.  Bailey  was  married  to  Mary  E.  Needham.  He  has  never  been  prominent 
in  political  circles,  eschewing  all  such  interests  as  would  interfere  with  his  pro- 
fessional duties.    His  services,  however,  are  in  much  demand  on  public  occasions, 

when  his  brilliant  gifts  of  oratory  and  deep  thought  never  fail  to  hold  the  close 
21 


322  THE  BENCH  AND  BAR  OF  ILLINOIS. 

attention  of  his  auditors,  no  matter  what  the  subject  may  be  upon  which  he  is 
addressing  them.  He  is  a  man  of  the  most  inflexible  integrity  and  fidelity  to 
duty,  and  his  thorough  reliability  is  shown  in  the  fact  that  he  has  so  often  been 
chosen  guardian  of  public  interests. 

Recently  he  was  made  the  executor  of  the  will  of  Jacob  Guyer,  founder  oi 
the  Guyer  Home  for  Aged  Women,  and  was  also  elected  president  of  the  board 
of  trustees  of  the  Bradley  Polytechnic  Institute.  He  is  also  president  of  the 
Cottage  Hospital  Association  and  the  Young  Men's  Christian  Association.  His 
wise  counsel  and  sagacity  have  proven  important  factors  in  the  safe  conduct  oi 
a  number  of  important  business  enterprises  and  he  is  now  president  of  the  Title 
Guaranty,  Abstract  &  Trust  Company  and  the  Central  National  Bank,  and  vice- 
president  of  the  Dime  Savings  Bank, — all  of  Peoria.  He  is  also  president  of  the 
board  of  trustees  of  the  village  of  North  Peoria  and  a  member  of  the  board  oi 
school  inspectors,  and  was  tendered  the  first  presidency  of  the  board  of  park 
trustees,  but  declined  on  account  of  his  connection  with  the  real-estate  business. 
He  manages  extensive  farming  interests,  having  about  three  thousand  acres  of 
land,  which  is  under  his  immediate  control. 

A  Peoria  paper,  writing  of  Mr.  Bailey  said:  "His  conservatism,  excellent 
business  ability,  foresight  and  sound  judgment  peculiarly  fit  him  for  leader- 
ship, while  his  knowledge  of  parliamentary  law  and  usages  make  him  an  ideal 
presiding  officer.  The  greatest  confidence  is  placed  in  him,  and  the  experience 
of  years  has  proven  the  man's  sterling  integrity  and  that  no  confidence  entrusted 
to  him  was  ever  betrayed.  He  is  above  reproach  and  it  is  gratifying  to  his 
many  friends  to  so  honor  him.  He  has  never  sought  any  of  the  honors  conferred 
upon  him,  but  they  have  come  to  him  unsolicited, — ^because  he  is  worthy  of 
them." 

William  T.  Irwin  was  born  at  the  home  of  his  ancestors  in  Dayton,  Arm- 
strong county,  Pennsylvania,  June  i,  1856.  His  great-grandfather  valiantly 
fought  for  the  independence  of  the  colonies  in  the  war  of  the  Revolution,  and 
when  freedom  was  proclaimed  and  the  republic  was  established  he  located  in 
Cumberland  county,  Pennsylvania,  whence  he  soon  afterward  removed  to  the 
western  part  of  the  state.  He  took  up  his  residence  on  the  farm  which  is  now  the 
home  of  Joseph  T.  Irwin,  father  of  our  subject,  and  in  the  same  rooni  in  the 
ancestral  home  of  the  Irwins  the  grandfather,  father  and  son, — ^the  last  being 
William  T.  Irwin, — ^were  born.  The  grandfather  was  a  Scotch-Irish  Presb)rte- 
rian,  and  his  son,  Joseph  T.  Irwin,  has  carried  on  agricultural  pursuits  as  a  life 
work.  Strongly  opposed  to  the  institution  of  slavery,  he  was  one  of  the  leading 
abolitionists  in  western  Pennsylvania,  and  when  the  civil  war  was  inaugurated  he 
raised  a  company  for  the  service,  and  as  its  captain  went  to  the  front.  His  wife, 
Mrs.  Mary  J.  Irwin,  is  of  German  descent,  and  they  still  reside  at  the  old  family 
homestead  in  the  Keystone  state. 

In  the  common  schools  of  Dayton  William  T.  Irwin  acquired  his  pre- 
liminary education,  which  was  supplemented  by  a  course  in  the  Glade  Run 
Academy,  a  very  thorough-going  Presbyterian  institution,  in  which  he  was 
graduated  in  the  class  of  1878.    With  a  taste  for  higher  education  and  literature, 


THE  BENCH  AND  BAR  OF  ILLINOIS, 

Mr.  Irvvin  has  embraced  every  opportunity  for  advancement  in  those  Hnes, 
now  accorded  recognition  for  his  scholarly  attainments  and  classical  le; 
During  the  months  of  vacation  he  worked  on  his  father's  farm,  and  aftei 
pleting  his  common-school  course,  although  only  fifteen  years  of  age,  sec 
teacher's  certificate  with  the  intention  of  teaching  school.  His  father,  ho 
thinking  he  was  too  young,  would  not  consent  to  his  accepting  a  schoo 
the  following  year,  when  he  entered  upon  a  successful  career  as  an  edt 
terminated  by  his  service  as  principal  of  the  Dayton  graded  schools,  in  whi 
acquired  his  preHminary  training. 

He  came  to  Illinois  in  the  spring  of  1879  and  entered  the  law  off 
Judge  Alfred  Sample,  then  of  Paxton  but  now  of  Bloomington.    There  h( 
formed  clerical  service  while  prosecuting  his  studies,  and  in  May,  1881,  wa 
mitted  to  the  bar  at  Springfield ;  and  in  the  autumn  of  that  year  opened  an  • 
in  Peoria,  where  he  has  remained  continuously  since.     He  at  once  form 
partnership  with  Judge  J.  W.  Cochran,  at  one  time  judge  of  the  circuit  c 
of  the  Peoria  district,  a  connection  that  was  maintained  until  the  removal  o 
Judge  to  Fargo,  North  Dakota.     Mr.  Irwin  was  then  alone  in  practice 
1896,  when  he  was  joined  by  W.  I.  Slemmons  in  a  partnership  that  still 
tinues.    In  later  years  Mr.  Irwin's  services  have  been  more  in  demand  in  the 
of  corporation  law.     In  the  spring  of  1891,  entirely  without  his  solicitation 
was  made  the  Republican  nominee  for  the  office  of  city  attorney,  and  overc; 
a  usual  Democratic  majority  of  from  five  to  seven  thousand,  winning  the  e 
tion  by  eight  hundred  votes.     After  a  two-years  service  he  was  again  ele( 
by  a  majority  of  fifteen  hundred.    For  four  years  he  discharged  the  duties  of  t 
office  and  then  retired  to  private  life.    Mr.  Irwin  has  never  been  an  office-see 
and  with  the  exception  just  noted  has  never  held  office,  yet  at  all  times  he  i 
stalwart  supporter  of  the  Republican  party  and  an  earnest  champion  of  its  me 
ures.     He  has  aided  in  many  municipal  enterprises,  was  instrumental  in 
organization  of  the  park  system  of  the  city  and  has  supported  many  other  mo^ 
ments  for  the  pubHc  good.     Socially  he  is  a  prominent  Mason.     He  became 
member  of  Illinois  Lodge,  No.  263,  A.  F.  &  A.  M.,  of  Peoria,  in  1887;   Peo. 
Chapter,  No.  7,  R.  A.  M.,  in  1889;   Peoria  Commandery,  No.  3,  K.  T.,  in  i8c 
and  attained  the  thirty-second  degree  of  the  Scottish  Rite  in  Peoria  Consisto 
in  1893.     He  also  belongs  to  the  Knights  of  Pythias  fraternity,  having  joinc 
Peoria  Lodge,  in  1892,  and  Knights  of  Constantine  of  the  Order  of  the  R( 
Cross,  in  1894.    He  has  been  three  times  successively  elected  illustrious  sovereig 
of  St.  Helena  Temple,  No.  3,  of  Peoria,  and  now  holds  the  office  of  grand  vicero 
of  the  grand  council  of  IlHnois. 

On  the  1st  of  June,  1886,  Mr.  Irwin  married  Miss  Ida  M.  Woodruff,  c 
Peoria,  daughter  of  Nelson  Woodruff,  one  of  the  early  inhabitants  of  the  cit; 
and  a  pioneer  dealer  in  ice  here.  An  ice  company  of  the  city,  doing  an  extensiv< 
business,  still  bears  his  name.  Mr.  and  Mrs.  Irwin  have  a  son,  Joseph  Wood 
ruff,  bom  September  19,  1889.  They  are  prominent  and  active  members  of  Grace 
Presbyterian  church,  of  which  Mr.  Irwin  has  served  as  a  member  of  the  board 
of  trustees  for  ten  years. 


'     I   I 


t     t 


t  « 


r   "!' 


a:    I 


THE  BENCH  AND  BAR  OF  ILLINOIS,  325 

those  fundamental  principles  of  right  which  ought  to  govern  in  all  the  affairs 
of  men.  Having  laid  his  foundations  deep,  he  has,  by  the  constant  application 
of  these  great  principles,  been  able  to  practice  his  profession  with  such  a  degree 
of  success  as  to  have  merited  and  gained  the  confidence  of  all  who  have  known 
him. 

As  a  citizen  he  is  highly  esteemed,  and  his  kindly  impulses  and  cordiality 
of  manner  have  rendered  him  exceedingly  popular  among  all  classes. 

Winslow  Evans. — Peoria's  leading  lawyers  rank  in  worth  and  ability  with  the 
best  legal  practitioners  of  the  commonwealth,  and  the  subject  of  this  review 
is  numbered  among  the  successful  practitioners  of  that  city.     His  entire  life 
has  been  passed  in  Illinois,  his  birth  having  occurred  in  Marshall  county,  on  the 
19th  of  December,  1855.    The  Evans  family  is  of  Welsh  descent  and  was  founded 
in  America  by  representatives  of  the  name  who  left  their  little  rock-ribbed  native 
land  and  crossed  the  Atlantic  to  Philadelphia.    The  grandfather  of  our  subject, 
Joshua  Evans,  was  born  in  Loudoun  county,  Virginia,  and  during  his  boyhood 
accompanied  his  mother  to  central  Ohio.    When  the  war  of  1812  was  inaugurated 
he  enlisted  in  an  Ohio  regiment,  which  was  attached  to  Hull's  command  at  the 
time  of  the  surrender  of  Detroit.     Two  companies,  however,  were  at  the  time 
out  on  a  scouting  expedition,  and  learning  of  the  surrender  before  they  reached 
the  fort  they  refused  to  go  in  and  returned  to  central  Ohio,  maintaining  a  running 
fight  with  Indians  through  the  northern  woods  of  that  state.     To  one  of  these 
companies  Joshua  Evans  belonged.     In  1830  he  emigrated  to  Marshall  county, 
Illinois,  becoming  one  of  its  pioneer  settlers.    The  father  of  our  subject,  Albert 
Evans,  was  only  three  years  of  age  at  the  time  of  the  removal  of  his  parents 
to  this  state.    Having  arrived  at  years  of  maturity  he  married  Harriet  Springer, 
who  was  of  Swedish  descent,  the  original  American  ancestry  locating  in  Wil- 
mington, Delaware.    Mr.  Evans  was  a  farmer  and  also  followed  carpentering  and 
building. 

Upon  the  family  homestead  in  Marshall  county  Winslow  Evans  spent  the 
days  of  his  boyhood  and  youth,  his  early  education  being  acquired  in  the  public 
schools  of  Wenona.  Later  he  continued  his  studies  in  the  Illinois  Wesleyan 
University,  in  Bloomington,  and  was  graduated  in  both  the  literary  and  law 
departments  in  1876,  winning  the  degrees  of  Bachelor  of  Arts  and  Bachelor  of 
Law.  Subsequently  he  pursued  a  post-graduate  course  of  study  in  the  same 
institution  and  on  examination  and  thesis  won  the  degrees  of  Master  of  Arts 
and  Doctor  of  Philosophy.  While  pursuing  his  law  studies  in  the  university 
he  also  read  law  in  the  office  of  ex-Governor  Fifer  and  I.  N.  Phillips,  court  re- 
porter, to  whom  he  attributes  much  of  his  success. 

Mr.  Evans  began  practice  in  Marshall  county  in  1880.  He  resided  in  Lacon 
and  traveled  the  circuit,  engaging  in  general  practice,  his  clientage  constantly 
increasing.  In  1886  he  was  elected  county  judge  for  a  four-years  term  and 
upon  the  bench  won  the  respect  of  the  entire  county  bar  by  reason  of  his 
accurate  understanding  and  interpretation  of  the  law  and  his  freedom  from 
judicial  bias.  Since  his  removal  to  Peoria  in  1891  his  practice  has  been  more 
along"  special  lines,  such  as  insurance,  real-estate  and  corporation  litigation,  but 


326 


THE  BENCH  AND  BAR  OF  ILLINOIS. 


he  is  well  versed  in  all  departments  of  jurisprudence.  He  is  now  enjoying  a 
profitable  clientage  and  a  well  deserved  reputation  as  a  leading  member  of  the 
Peoria  bar. 

Mr.  Evans  was  married  in  Kewanee,  Illinois,  October  28,  1883,  to  Miss 
Eva  McCullough,  who  on  her  father's  side  was  of  Scotch  descent,  and  on  her 
mother's  of  Pennsylvania  Dutch.  Both  her  parents  came  from  Franklin  county, 
Pennsylvania,  to  this  state.  Mr.  and  Mrs.  Evans  have  a  son,  Donald  W.,  born 
April  12,  1887. 

In  his  political  views  Mr.  Evans  has  always  been  an  earnest  and  loyal 
Republican.  From  1881  until  1885  he  served  as  a  member  of  the  board  of 
supervisors  of  Marshall  county,  and,  as  before  stated,  was  on  the  bench  for  four 
years.  In  1890  he  was  the  Republican  candidate  for  circuit  judge,  but  the  district 
being  Democratic  he  shared  the  fate  of  the  others  on  the  ticket  and  was  de- 
feated. In  each  campaign  he  advocated  the  party  principles  from  the  lecture 
platform,  and  his  addresses  are  entertaining,  logical  and  convincing.  He  has 
also  served  as  delegate  to  the  state  and  other  conventions  of  his  party,  but  his 
time  is  principally  given  to  his  profession,  in  which  he  has  made  continued  and 
marked  progress. 


CHAPTER  XVII. 


REFORMS  IN   THE  CRIMINAL   LAW. 


THE  reforms  in  criminal  procedure  and  the  administration  of  criminal  jus- 
tice have  kept  pace  with  improvements  in  the  methods  of  civil  procedure. 
Within  the  *  course  of  my  professional  experience  I  have  witnessed 
paroxysms  of  local  popular  feeling  against  crimes  and  against  persons  sup- 
posed to  be  criminals.  In  some  cases  mobs  have  attempted  to  administer  rude 
justice  upon  offenders  and  (copying  from  my  own  memoirs)  I  said  in  my  message 
to  the  legislature  of  1871 : 

**Amongst  the  exceptions  to  the  general  enforcement  of  the  laws  of  the 
state  are  several  instances  of  outrages  committed  by  mobs.  On  the  21st  day 
of  February,  1870,  one  Harrison  Reed,  who  was  charged  with  murder,  com- 
mitted in  Madison  county,  was  taken  from  the  custody  of  an  officer  who  was 
conveying  him  to  jail,  and  killed.  On  the  20th  day  of  April,  1870,  one  Hank 
Leonard  was  forcibly  taken  from  the  jail  of  Marion  county  and  put  to  death 
under  circumstances  of  peculiar  atrocity.  On  the  i6th  day  of  April,  1870,  one 
Joseph  C.  Ramsey,  while  in  the  custody  of  an  officer  of  Putnam  county  who  was 
conveying  him  to  the  county  jail,  was  seized  by  a  mob  and  hanged. 

**These  cases  were  officially  reported  to  me,  and  other  instances  of  lawless 
violence  have  occurred  in  the  state  in  regard  to  which  I  have  no  official  in- 
formation. It  will  be  observed  by  an  examination  of  the  reports  made  to  me 
of  the  circumstances  that  attended  the  killing  of  the  persons  above  named  that 
they  w^ere  at  the  time  helpless  prisoners,  without  any  means  at  hand  for  self- 
defense,  and  if  the  officers  who  had  them  in  charge  attempted  to  defend  them 
it  was  done  in  a  manner  that  reflects  no  great  degree  of  credit  upon  their 
firmness  or  sense  of  duty. 

"The  case  of  Reed  is  especially  humiliating.     He  had  escaped  from  the  state 
and  was  arrested  under  the  order  of  the  governor  of  Missouri,  in  consequence 
of  a  requisition  made  by  me,  and  was  murdered  while  in  the  custody  of  an 
officer  of  this  state,  who  could  not  or  would  not  protect  him.     When  the  facts 
were  fully  investigated  by  me  I  offered  a  reward  of  one  thousand  dollars  for 
the  apprehension  and  conviction  of  the  offenders  in  each  of  these  cases,  but  no 
arrests  have  been  reported  to  me.     The  papers  that  relate  to  them  will  be  trans- 
mitted to  the  general  assembly.     The  frequent  recurrence  of  crimes  committed 
by   mobs,  and  the  fact  that  instances  of  the  punishment  of  the  offenders  are 
rare,   suggest  the  inquiry  whether  some  legislation  is  not  necessary  for  their 
repression.     The  governor  is  charged  by  the  constitution  with  the  obligation 
'to  take  care  that  the  laws  are  faithfully  executed,'  and  yet,  although  he  may 
be  satisfied  that,  in  this  class  of  cases  and  others,  officers  neglect  or  refuse  to 

327 


328  THE  BENCH  AND  BAR  OF  ILLINOIS. 

discharge  their  duties,  or  that  state's  attorneys  are  incompetent  or  refuse  to 
take  the  necessary  steps  to  punish  offenders,  he  can  neither  remove  nor  suspend 
them,  nor  bring  them  to  trial  before  the  judicial  tribunals.  It  is  for  the  general 
assembly  to  determine  whether  it  is  proper  to  give  to  the  executive  department 
any  additional  powers,  to  be  employed  for  the  enforcement  of  the  criminal  laws. 
In  the  cases  mentioned  my  powers  are  exhausted,  and  the  violators  of  the  laws 
are  unpunished." 

Again,  in  my  message  of  January  8,  1873,  I  called  attention  to  the  same 
subject,  and  said :  *'In  my  message  to  the  general  assembly  of  January  4,  1871, 
I  had  occasion  to  specify  a  number  of  cases  of  violence  by  mobs,  and  I  regret 
to  be  compelled  to  say  that  since  that  time  other,  though  fewer,  outrages  of  a 
similar  character  have  occurred  in  different  points  in  the  state.  In  some  of  the 
cases  that  have  been  reported  to  me  the  acts  of  the  mob  were  done  openly  and 
publicly,  and  in  one  case  a  band  of  armed  and  disguised  men  assassinated  a 
peaceful  citizen  at  his  home.  In  each  of  these  cases  reported  I  offered  a  re- 
ward of  one  thousand  dollars  for  the  apprehension  and  conviction  of  the  guilty 
parties. 

"Perhaps  we  are  not  permitted  to  hope  that  the  state  will  be  entirely  ex- 
empt from  outbursts  of  popular  passion  that  will  override  reason  and  justice 
and  law^ ;  nor  can  it  be  expected  that  designing  or  malignant  men  will  not  be 
found  who  w'ill  be  able  to  avail  themselves  of  some  pretext  for  organizing  and 
directing  the  passions  of  mobs,  or  who  will  seize  upon  occasions  of  passing 
frenzy  of  the  public  mind  and  precipitate  the  commission  of  crime,  but  from 
evidence  afforded  me  I  am  persuaded  that  the  people  in  all  parts  of  the  state 
are  impressed  with  the  conviction,  supported  by  the  experience  of  some  localities, 
that  mobs  demoralize  and  deprave  the  public  conscience  and  promote  the  com- 
mission of  crimes.  We  may  therefore  hope  that  examples  of  mob  outrage  will 
hereafter  be  rare  in  the  history  of  the  state." 

After  the  ever  memorable  Chicago  fire,  w^hich  occurred  in  October,  1871, 
and  which  was  followed  by  numerous  reports  of  outrages  and  crimes,  there  was 
a  demand  for  a  more  vindictive  enforcement  of  the  law'S.  Public  meetings  were 
held ;  the  newspaper  press  and  religious  bodies  alike  demanded  the  more  vigor- 
ous enforcement  of  the  law.  The  popular  mind  was  filled  with  apprehension 
as  to  the  prevalence  and  increase  of  crime,  so  that  the  then  governor  felt  con- 
strained to  call  the  attention  of  the  general  assembly  to  the  subject.  In  his 
annual  message  of  1873  he  said: 

"From  the  language  of  the  newspaper  press  and  the  reported  expressions  of 
citizens  in  public  meetings  the  people  of  the  state  have  been  led  to  apprehend  that 
crime  and  disorder  have  increased  in  the  city  of  Chicago  and  other  large  cities  of 
the  state.  After  having  given  much  attention  to  the  facts  of  the  more  aggra- 
vated offenses  reported  to  have  been  perpetrated  in  Chicago,  as  well  as  to  the 
general  condition  of  the  city,  I  am  satisfied  that  many  of  the  reports  that  have 
influenced  the  public  belief  are  exaggerated,  and  that,  considering  the  extraor- 
dinary circumstance  of  the  almost  total  destruction  of  the  city  within  a  little 
more  than  a  year  past  and  the  great  influx  of  population  from  every  quarter. 


THE  BENCH  AND  BAR  OF  ILLINOIS.  32 

the  laws  are  enforced  and  order  is  as  well  maintained  in  Chicago  as  in  otlie 
great  cities  of  the  country. 

"It  is  true  that  some  startling  examples  of  fraud  in  commercial  circles  hav 
occurred  in  Chicago  that  are  in  their  influence  more  disastrous  to  the  morals 
the  business,  and  the  character  of  the  people  of  the  state  than  is  the  aggregat* 
effect  of  many  minor  offenses,   and   the  parties  implicated   in   them   are   stil 
unpunished,  and  much  opposition  has  been  made  to  the  enforcement  of  th( 
laws  relating  to  the  sale  of  intoxicating  liquors  and  to  keeping  open  public- 
drinking  establishments  on  the  Sabbath;  but  the  commercial  frauds  seem  to 
be  but  characteristic  of  the  period,  and  the  controversies  in  respect  to  the  liquor 
and  Sunday  laws  can  produce  no  mischief  while  confined  to  the  use  of  legal 
means  for  the  maintenance  of  real  or  supposed  rights,  or  for  influencing  public 
opinion.     The  extensive  acceptance  of  the  belief  that  crimes,  especially  those  of 
a  homicidal  character,  have  increased  in  frequency  has  led  to  the  suggestion 
of  many  changes  in  the  law,  with  a  view  to  a  remedy.     The  changes  most 
frequently  insisted  upon  may  be  stated :     First.     The  aboUtion  of  the  grand-jury 
system  and  the  substitution,  for  an  indictment,  oi  an  accusation  to  be  preferred 
by  the  law  officers  of  the  state.     Second.     To  take  from  the  parties  charged  with 
crimes  the  right  to  a  change  of  venue.     Third.     To  disallow  challenges  to  per- 
sons upon  the  ground  of  an  opinion  formed  upon  information  obtained  from 
printed  publications,  or,  as  some  propose,  without  regard  to  the  source  from 
which  information  is  acquired,  if  the  proposed  juror  will  swear  that,  notwith- 
standing any  opinion  he  may  entertain,  he  can  try  the  case  impartially.     Fourth. 
To  establish  additional  restrictions  upon  the  right  of  the  accused  persons  to 
demand  continuances.     Fifth.     To  make  death  the  penalty  for  murder;  and, 
Sixth.     To  abolish  or  greatly  restrict  the  executive  authority  to  grant  pardons, 
and  to  wholly  take  from  that  department  the  power  to  commute  the  death 
penalty  to  imprisonment  for  life  of  the  person  convicted,  or  for  any  other  term. 
"To  those  who  have  such  confidence  in  mere  legislation  that  they  assume 
that  every  abuse  may  be  corrected  and  every  evil  repressed  by  laws,  and  to  that 
other  class,  who  are  ignorant  of  the  origin,  history  and  reason  of  the  institu- 
tions and  rules  and  methods  of  procedure  proposed  to  be  abrogated  or  changed, 
and  who  welcome  every  change  in  the  existing  laws  as  an  improvement,  all  the 
alterations  proposed   will   be   acceptable;   but  others   will   remember   that   the 
grand  jury  is  one  of  the  'institutions*  of  our  free-spirited  fathers,  and  most  of  the 
formal   and  carefully  guarded  rules  of  criminal   procedure  that  are   now  the 
subject    of  complaint,  were   devised   to  protect  the   lives   and   liberties  of  the 
people  against  the  aggressions  and  encroachments  of  power,  and  others,  like 
that  of  confiding  the  measure  of  punishment  upon  convictions  for  murder  to 
the  jury,  are  the  results  of  observations  of  men  of  the  most  profound  knowledge 
and  the   largest  experience  in  the  administration  of  criminal  laws.     They  are 
parts  of  a  judicious  and  well  settled  system, — not  perfect,  but  one  that  com- 
bines  greater  advantages  for   the  prompt  administration   of  justice,   with   the 
proper  g-uards  for  the  safety  of  the  rights  of  the  citizen,  than  any  that  exists  in 
any  other  country  or  under  any  other  form  of  government. 


330  THE  BENCH  AND  BAR  OF  ILLINOIS. 

"In  view  of  the  necessity  that  has  always  been  admitted  to  exist  for  careful 
regulation  for  the  protection  of  individuals,  it  is  painful  to  witness  the  mistaken 
zeal  that  prompts  a  portion  of  the  public  press  and  influential  public  bodies  to 
urge  fundamental  changes,  simply  that  citizens  may  be  more  defenseless  when 
pursued  by  the  authorities  of  the  law  upon  accusations  of  crime. 

"Every  change  in  the  criminal  laws  that  deprives  parties  accused  of  a 
means  for  obtaining  impartial  trial,  or  that  proposes  to  substitute  the  discretion 
of  a  judge  or  a  state's  attorney  for  fixed  and  well  defined  rules  of  law  or  settled 
modes  of  procedure,  is  a  sacrifice  of  the  safety  of  the  citizen.  Happily,  except 
on  occasions  when  the  public  mind  is  excited  by  appeals  to  popular  fears  or 
prejudices,  the  passions  of  the  American  people  are  not  cruel,  but  who  is  pre- 
pared to  say  that  when  a  citizen  may  be  put  upon  his  trial  upon  a  charge  that 
involves  his  life,  in  the  midst  of  a  community  that  is  filled  with  prejudice 
against  him,  without  the  power  to  demand  of  right  the  removal  of  his  trial 
to  an  impartial  vicinage,  with  no  right  of  continuance,  to  await  a  better  state 
of  public  sentiment  or  to  obtain  evidence,  no  challenge  to  his  triers  upon  the 
ground  of  opinions  formed  against  him,  death,  the  inevitable  consequence  of 
conviction,  and  the  governor  without  power,  even  upon  the  clearest  facts,  to 
arrest  the  bloody  sentence,  the  vindictive  prejudices  of  some  community  may 
not  demand  a  victim  and  that  then  a  state's  attorney  may  not  be  found  who  will 
not  consent  to  accuse,  and  that  the  judge,  upon  whose  discretion  the  rights  of 
the  citizen  depends,  may  not  yield  to  public  clamor,  and  consent  to  the  sacrifice? 

"The  institution  of  grand  and  petit  juries  is  an  essential  part  of  the  judicial 
system  of  a  free  state.  Theorists,  who  can  demonstrate  that  the  rule  of  a 
single  wise  man  is  better  than  that  of  the  njultitude,  and  law  reformers,  who 
would  substitute  the  discretion  of  a  state's  attorney  or  a  judge  for  the  delibera- 
tions of  a  grand  jury  or  fixed  rules  of  procedure,  alike  forget  that  no  method  of 
election  has  yet  been  devised  that  will  insure  the  choice  of  the  wisest  for  rulers 
or  state's  attorneys  or  judges ;  nor  do  they  attach  enough  importance  to  the 
fact  that  in  a  republic  no  system  of  laws  can  be  devised  that  will,  without  en- 
dangering the  public  liberties,  be  effective  for  the  prevention  and  punishment 
of  crimes,  unless  the  laws  themselves  provide  for  the  participation  of  the  people 
in  their  administration  ;  and  that  neither  public  nor  private  rights  can  be  secured 
when  they  are  in  any  important  sense  subject  to  the  discretion  of  any  ruler  or 
magistrate, 

"It  seems  to  me,  then,  that  while  the  attention  of  the  general  assembly 
should  be  directed  to  the  present  state  of  the  criminal  laws  and  the  law  of 
criminal  procedure,  with  a  view  to  their  improvement,  nothing  should  be  done 
to  enlarge  the  discretion  of  courts  in  criminal  cases,  nor  to  delude  the  people 
with  the  belief  that  any  change  that  can  be  made  will  relieve  them  from  the 
necessity  of  giving  their  own  attention  to  the  proper  execution  of  the  laws. 

"It  is  at  once  the  vice  and  weakness  of  wealthy  and  prosperous  com- 
munities that  a  majority  of  those  who  should  be  the  most  capable  and  useful 
citizens  prefer,  from  purely  selfish  reasons,  to  delegate  the  discharge  of  their 
most  important  public  duties  to  others;  and  experience  has  demonstrated  that 


THE  BENCH  AND  BAR  OF  ILLINOIS.  331 

whether  the  mercenaries  who  undertake  the  protection  of  public  interests  or 
who  are,  by  the  indifference  of  the  people,  allowed  to  seize  control  of  public 
affairs,  are  the  hired  soldiers  of  the  standing  army  or  the  traders  in  offices  who 
cajole,  neglect  and  plunder  the  people,  or  those  who  make  jury  duty  a  trade, — 
the  result  is  the  same;  the  degradation  of  the  laws,  contempt  for  public  justice 
and,  in  the  end,  the  destruction  of  all  the  securities  for  the  safety  of  life,  liberty 
and  property. 

"I  do  not  feel  at  Hberty  to  consume  much  space  in  the  discussion  of  the 
change  in  the  law,  insisted  upon  by  many,  to  take  from  the  jury  on  trials  for 
murder  the  right  to  determine  whether  the  party  found  guilty  shall  suffer  death 
or  be  punished  by  confinement  in  the  penitentiary  for  any  term  exceeding 
fourteen  years  and  that  may  extend  to  the  whole  of  his  life,  and  thus  make  the 
judgment  of  death  the  absolute  legal  consequence  of  a  conviction  for  murder. 
I  have  no  doubt  of  the  right  of  the  state  to  put  to  death  persons  who  by  their 
own  deliberate  criminal  acts  make  that  course  necessary  for  the  public  safety, 
nor  do  I  question  the  existence  of  the  right  to  inflict  the  death  penalty  as  a 
punishment  for  crime;  but  I  am  quite  as  decided  in  the  conviction  that  that 
mode  of  punishment  has  but  little  influence  to  deter  from  the  commission  of 
crime,  and  that,  on  the  other  hand,  it  is  a  worn-out  vestige  of  barbarism  that 
hardens  and  depraves  the  people. 

"Deliberate  homicide  by  public  authority  has  much  greater  influence  to 
weaken  respect  for  human  life  than  the  commission  of  murder  by  lawless  per- 
sons, and  it  is  remarkable  that  the  ecclesiastical  bodies  and  that  portion  of  the 
so-called  religious  and  secular  press  that  demand  the  more  frequent  infliction 
of  death  by  judicial  sentence,  concede  the  whole  point  in  dispute  when,  im- 
pressed with  the  horrible  and  depraving  influence  of  public  executions,  they 
insist  upon  the  necessity  of  excluding  those  from  the  spectacle  who  are  to  be 
instructed  and  impressed  by  the  example.  It  may  be  true  that  there  are  classes 
of  persons  who  can  only  be  restrained  from  the  commission  of  crimes  by  the 
fear  of  death.     There  may  be  communities  in  which  the  example  of  the  inflic- 

w 

tion  of  the  death  penalty  would  be  productive  of  benefit,  and  it  may  also  be  true 
that  monsters  of  crime  may  sometimes  be  found  whose  extermination  is  de- 
manded, not  to  vindicate  the  authority  of  law,  but  the  dignity  of  human  nature. 
It  would  not,  therefore,  be  judicious  for  the  state  to  renounce  the  power  to 
inflict  death,  but  the  propriety  of  the  exercise  of  the  power  in  any  instance 
can  best  be  determined  by  a  jury  drawn  from  the  body  of  the  people. 

"It  may  be  proper  for  me  to  make  some  allusion  to  the  probable  influence 
of  the  pardoning  power  by  the  governor  upon  the  administration  of  the  crim- 
inal laws.  The  executive  authority  to  grant  pardons,  reprieves  and  commuta- 
tions is,  under  the  constitution,  absolute,  and  to  be  exercised  by  him  at  his 
discretion  and,  like  all  discretionar}*  powers  confided  to  public  oflScers,  is  ex- 
tremely liable  to  abuse.  I  have  exercised  the  pardoning  power,  in  proportion 
to  the  whole  number  of  convictions  in  the  state,  more  sparingly  than  any  of 
my  predecessors,  and  I  am  satisfied  that  I  have  not  done  so  in  improper  cases ; 
but  I  have  had  ,the  satisfaction  of  releasing  persons  from  the  penitentiary  after 


332  THE  BENCH  AND  BAR  OF  ILLINOIS. 

they  had  furnished  me  the  most  imqiiestionable  proof  of  their  innocence  of  the 
alleged  crimes  of  which  the  jury  had  found  them  guilty.  I  have,  by  pardon. 
shortened  terms  of  imprisonment  that  were  certified  to  me  by  the  judges  and 
juries  imposing  them  to  have  been  excessive:  and  I  have  in  more  than  one 
instance  interfered  for  the  relief  of  the  poor  and  ignorant  who  were  the  victims 
of  designing  persons. 

"We  know  that  the  bhndness  of  legal  justice  is  but  a  fable,  and  that  though 
the  laws  in  their  letter  and  spirit  are  just  and  humane  and  equal,  as  a  practical 
fact  the  wealthy  and  influential  do  disregard  and  violate  them  with  a  measure  oi 
impunity  not  permitted  to  the  poor  and  friendless.  We  know,  too,  that  the 
jails,  into  which  are  crowded  those  who  are  accused  of  the  commission  of 
crimes  and  are  unable  to  furnish  bail,  are  moral  pest-houses,  where  vice  is 
taught  to  the  innocent,  and  the  guilty  are  made  more  depraved.  W'e  know 
that  instances  are  not  wanting  in  which  jailers,  or  their  subordinates,  alone  or 
in  conjunction  with  some  of  a  class  of  professional  men  who  dishonor  the  law 
and  disgrace  the  courts  that  tolerate  their  presence,  have  deprived  friendless 
prisoners  of  all  they  possess,  and  have  then  delivered  them  over  to  a  certain 
conviction,  their  sentences  of  imprisonment  aggravated  and  lengthened  by  the 
vile  character  of  their  counsel,  who  first  robbed  and  then  betrayed  them. 

"I  have  pardoned  some  of  this  class  of  unfortunates  upon  the  ground  that 
if  the  state  cannot  protect  them,  it  ought  to  make  them  the  reparation  of  for- 
giveness. No  subject  is  more  worthy  of  the  attention  of  the  representatives 
of  an  enlightened  Christian  people  than  the  imperfect  provision  made  for  the 
protection  of  the  rights  of  the  poor,  the  ignorant,  the  inexperienced  and  the 
friendless  in  the  criminal  courts.  The  evil  is  most  apparent  in  the  cities  and 
populous  counties  of  the  state.  Every  year  the  population  of  the  state  is  in- 
creased by  emigrants  from  all  the  nations  of  Europe  and  from  every  stale 
of  the  Union,  those  who  are  of  every  grade  of  character  and  every  degree  of 
intelligence.  Of  the  thousands  who  come  into  the  state  many  are  ignorant 
of  our  language  and  our  laws,  and  many  are,  upon  their  arrival,  poor  and  often 
ill,  dispirited  and  inexperienced.  In  the  cities  the  missionaries  of  vice  are  ever 
active  and  its  temples  are  always  open,  and  from  their  doors  none  are  driven 
away.  To  these  the  inexperienced  and  unwary  are  often  tempted  to  resort 
or,  from  want  of  employment,  the  irresolute  are  impelled  to  the  commission 
of  crime,  or  often  they  are  made  the  dupes  and  instruments  of  those  with 
whom  crime  is  a  trade,  or,  being  strangers  and  friendless,  they  are  readily 
suspected,  and  when  arrested  they  are  unable  to  find  bail  and  are  committed 
to  jail,  and  if  indicted  the  judge,  however  humane  and  considerate,  is  com- 
pelled to  entrust  their  defense  to  some  lawyer  without  standing  or  experience 
in  his  profession,  and  a  conviction  follows,  for  there  is  no  one  to  demand 
justice,  or  implore  mercy.  It  is  time  that  the  practice  of  delivering  the  living 
bodies  of  poor  prisoners  to  legal  students  for  professional  instruction  was 
abandoned,  and  I  insist  that  provision  should  be  made  for  the  election  or  ap- 
pointment, in  large  cities  and  populous  counties  of  the  state,  of  suitable  persons 
whose  duty  it  should  be  to  visit  the  places  where  persons  are  confined  on  crim- 


THE  BENCH  AND  BAR  OF  ILLINOIS. 

inal  charges,  confer  with  and  advise  poor  prisoners,  protect  tl 
pressions  and  extortions,  attend  examinations,  investigate  the  c\ 
them,  advise  with  injured  parties  and  the  court  and  state's  atto 
view  to  the  dismissal  of  prosecutions  when  the  ends  of  justice  \ 
course  be  promoted;  or  with  reference  to  the  proper  measure  o 
in  cases  where  the  punishment  is  discretionary  with  the  judge; 
cases,  alone  or  in  conjunction  with  the  counsel  assigned  by  the  c 
their  defense. 

"A  proposition  to  provide  for  the  appointment  of  an  officer 
administration  of  the  laws  from  the  standpoint  of  those  who  ar< 
crimes  is  novel,  but  every  one  familiar  with  the  administration  of 
laws  of  the  state  is  fully  aware  of  the  fact  that  a  truthful  stateme 
wrongs  inflicted  upon  persons  charged  with  offenses  would  provi 
crimes  have  been  committed  in  the  name  of  the  law." 

Notwithstanding  occasional  aberrations  of  public  sentiment  th( 
a  steady  improvement  in  the  administration  of  criminal  justice, 
most  striking  of  these  is  found  in  paragraph  486  of  the  criminal 
provides  that  '*No  person  shall  be  disqualified  as  a  witness  in  any  c 
or  proceeding,  by  reason  of  his  interest  in  the  event  of  the  same,  aj 
otherwise,  or  by  reason  of  his  having  been  convicted  of  any  crim< 
interest  or  conviction  may  be  shown  for  the  purpose  of  affecting 
bility;  provided,  however,  that  a  defendant  in  any  criminal  case  or 
shall  only  at  his  own  request  be  deemed  to  be  a  competent  witne 
neglect  to  testify  shall  not  create  any  presumption  against  him,  nc 
court  permit  any  reference  or  comment  to  be  made  to  or  upon  such 
A  similar  act  of  the  congress  of  the  United  States,  which  omits 
forbidding  comments  upon  the  failure  of  defendants  to  testify  aga 
selves,  under  the  peril  of  unfavorable  comments  in  case  they  decline 
is  unconstitutional. 

There  is  still  another  statute  that  presents  the  improved  humar 
age   with  respect  to  crimes  and  the  punishment  therefor.     It  is  en 
act    relating  to  the  sentence  of  prisoners  convicted  of   crime,   and 
a  system  of  parole,  approved  June  15,  1845."     It  provides  that  "Ev( 
over  the  age  of  twenty-one  years  who  shall  be  convicted  of  a  felon} 
crime  punishable  by  imprisonment  in  the  penitentiary,  excepting  trea 
der,    manslaughter  and  rape,   shall  be   sentenced  to  the  penitentiary 
court  imposing  such  sentence  shall  not  fix  the  limit  or  duration  of 
tence,  and  the  term  of  imprisonment  of  any  person  so  convicted  shall  n 
the  maximum  term  provided  by  law  for  the  crime  for  which  the  pe 
convicted  and  sentenced,  making  allowance  for  good  time  as  now 
by  law, — the  release  of  such  a  prisoner  to  be  determined  as  hereina 
vided :     Provided  that  from  and  after  July   i,   1897,  the  state  boarc 
dons,  if  then  created,  shall,  ex-officio,  have  the  powders  and  perform  tl 
devolved  upon  the  commissioners  of  the  penitentiary  by  the  act  to  w 
is   an    amendment.     *     *     *     The  provisions   of  this  act  shall  not  a 


334 


THE  BENCH  AND  BAR  OF  ILLINOIS. 


far  as  they  concern  his  parole,  to  any  person  over  twenty-one  years  of  age 
convicted  and  sentenced  to  a  penitentiary  in  this  state,  who  may  be  shown  on 
his  trial  to  have  been  previously  sentenced  to  a  penitentiary  in  this  state  or 
country,  but  such  person  shall  be  held  and  considered  to  be  an  habitual  criminal, 
and  shall  be  required  to  serve  the  maximum  sentence  provided  by  law  for  the 
crime  of  which  he  was  convicted,  less  the  good  time  which  he  may  earn  by  good 
conduct,  as  now  provided  by  law." 

This  policy  must  be  regarded  still  as  experimental,  but  it  is  hoped  by  the 
benevolent  that  it  will  afford  an  opportunity  to  many  persons  to  return  to  their 
families  and  friends,  and  thereafter  lead  honest,  and  peaceable  lives. 


CHAPTER  XVIII. 

THE  BENCH  AND  BAR  OF  MORGAN  COUNTY—NOTABLE  CASES. 

BY    HON.    CYRUS   EPLER. 

THE  county  of  Morgan  was  created  by  an  act  of  the  legislature  of  the 
date  of  January  31,  A.  D.  1823.  The  county  was  attached  to  the  first 
judicial  circuit,  of  which  the  Hon.  John  Reynolds  was  then  judge. 
The  county  commissioners  located  the  temporary  county-seat  at  Olm- 
stead's  Mound,  near  Swinnerton's  Point,  now  called  Allison's  Mound,  situated 
about  six  miles  west  of  the  city  of  Jacksonville.  The  first  term  of  the  circuit 
court  of  the  county  was  held  at  this  place,  in  the  fall  of  the  year  1823.  The 
oflScers  of  the  court  were:  John  Reynolds,  presiding  judge;  Wiley  B.  Green, 
sheriff;  Milton  Ladd,  ckrk;  and  James  Turney,  attorney  general.  The  at- 
torneys present  at  that  term  were  Murray  McConnel,  of  Morgan  county ;  James 
Turney  and  Alfred  W.  Cavarly,  of  CarroUton ;  Benjamin  Mills,  of  Vandalia ;  and- 
Jonathan  Pugh  and  WilHam  S.  Hamilton,  of  Springfield. 

General  Murray  McConnel  has  given  us  the  traditional  account  of  this 
term  of  court.  The  temple  of  justice,  in  which  the  court  was  held,  was  a 
round-log  cabin,  about  sixteen  feet  square,  with  a  lean-up  against  one  side  of 
the  main  building,  and  was  the  family  residence  of  Mr.  Olmstead.  The  Olm- 
stead  family  vacated  the  house  to  the  use  of  the  court,  and  took  up  their  abode 
in  camp  in  front  of  the  house,  and  furnished  meals  for  the  judge,  officers  and 
court  attendants  and  attorneys  on  a  table  set  between  the  house  and  the  camp, 
and  the  guests  slept  on  beds  laid  on  the  floor  of  the  court-room. 

The  grand  jury  was  organized,  and  occupied  the  shade  of  a  neighboring 

tree,  as  a  jury  room.    The  petit-jury  box  consisted  of  split  logs  set  up  on  legs, 

forming  benches;  and  when  they  took  a  case  for  the  consideration  of  their 

verdict,  they  were  taken  by  the  constable  out  into  the  grove.     Sometimes  the 

parties  to  the  suit,  and  the  witnesses,  participated  in  their  deliberations.     On 

one  occasion  all  hands — ^parties  to  the  suit,  witnesses  and  jurors — got  into  a 

roug-h-and-tumble  fight,  to  quell  which  the  sheriff  and  the  judge  repaired  to  the 

jury  room  (the  shade  of  the  trees)  which  was  the  field  of  battle.     But  the  court 

did  not  undertake  to  punish  the  offenders,  for  the  reason  that  there  was  no 

prison  within  eighty  miles ;  and  an  attempt  to  punish  them  by  fine  would  have 

been  useless,  for  the  reason  that  not  one  of  them  had  any  money  or  property, 

except  his  gun,  and  that  was  exempt  from  execution.    The  General  informed 

us  that  at  this  term  of  court  a  newly  made  justice  of  the  peace  visited  the  judge 

in   the  court-room,  saying  to  him:     '*]x\dgt,  I  am  the  'squire  in  these  parts, 

and  some  of  those  fellers  says  I  can't  divorce  married  people ;  and  will  you  tell 

335 


tlie 
Tui 


Job 
The 
Clia 


THE  BENCH  AND  BAR  OF  HAJNOIS,  337 

Tiirney,  J.  Quimby,  Benjamin  Cox,  William  Thomas,  Walter  Jones,  David 
Evans,  John  W.  Evans,  P.  M.  Irwin,  S.  G.  Anderson,  A.  S.  Manning,  T.  J. 
Diimus,  C.  J.  Drake,  Charles  Jones,  John  J.  Hardin,  Stephen  A.  Douglas,  A. 
H.  Buckner,  Josiah  Lamborn,  Myron  Leslie,  Henry  E.  Dummer,  James  Berdan, 
N.  M.  Knapp,  Henry  B.  McClure,  William  Brown,  Richard  Yates,  Robert 
Crawford,  David  A.  Smith,  Henry  Dusenbery,  Josephus  Hewitt,  James  A. 
McDougal,  Benjamin  Orear,  Ottawa  Wilkinson,  John  L.  McConnel  and  John 
McConnel — all  long  since  deceased.  Of  the  above  named  attorneys  Stephen 
A.  Douglas,  John  J.  Hardin,  James  A.  McDougal  and  Richard  Yates  managed 
their  first  cases  in  a  court  of  record  in  the  old  brick  court-house,  and  subse- 
quently all  rose  to  political  eminence  and  national  reputation. 

Subsequent  to  the  year  1850  James  W.  EngHsh,  William  Strong,  Cincin- 
natus  M.  Morrison,  Henry  J.  Atkins,  Barbour  Lewis,  Henry  Case,  Edward  L. 
McDonald,  Oscar  A.  De  Leuw,  Thomas  W.  Smith,  James  H.  Kellogg,  Har- 
rison O.  Cassell,  John  W.  Meacham,  William  Gallaher,  William  EngHsh,  Myron 
L.  Epler^  James  N.  Brown,  Harry  Stewart,  Wilber  Goheen,  E.  C.  Brearly,  and 
William  McWilliams  were  resident  members  of  the  Jacksonville  bar, — all  of 
whom  now  sleep  in  the  silent  city  of  death.  Most  of  them  died  in  their  young 
manhood, — seemingly  to  us,  too  young.  Some  of  them  were  of  marked  legal 
ability  and  had  attained  eminence  at  the  bar;  and  others,  younger,  gave  great 
promise.  It  is  hoped  that  some  one  in  the  future  will  more  fully  wTite  of  their 
places  at  the  Jacksonville  bar. 

Murray  McConnel  w-as  a  native  of  the  state  of  New-   York,  and  left  his 
parental  home  while  a  minor,  of  the  age  of  sixteen  years,  and  alone  pushed  out 
to  the  far  west  **to  grow  up  with  the  country'*  and  to  forge  his  own  fortune. 
He  "settled"  in  this  country  before  Morgan  county  was  organized,  about  the 
year    1820.     He  was  the  first,  or  one  of  the  first,  members  of  the  bar  of  the 
county,  and  continued  the  practice  of  his  profession  here  till  the  day  of  his 
death,    in  the   year   1869.     ^y  nature  he  was   a  strong,   self-reliant   and   self- 
asserting  man,  of  a  rugged,  clear  legal  mind,  unpolished  by  the  luster  of  early 
literary  education  and  legal  training.     As  a  law^yer  he  was  self-made  and  able, 
ever    ready  to  meet  his  opponents  in   legal  conflict.     For  forty-five  years  he 
ranked  with  the  ablest  members  of  the  bar  of  the  county. 

Judge  William  Thomas  moved  to  Jacksonville  from  the  state  of  Kentucky, 
and   entered  upon  the  practice  of  his  legal  profession  at  this  bar  in  the  year 
1826.      He  w^as,  or  became,  learned  in  all  branches  of  the  civil  law  and  prac- 
tice, and  especially  on  the  equity  side.     He  stood  with  the  lawyers  as  the  Lord 
Readsdale   of  the  bar;   carried  his   court  papers  in   the  old-style  green-baize 
bag",    and  ever  wrote  with  the  goose  quill.     He  was  w^ell  equipped  by  nature 
and  his  learning  for  the  chancellorship.     He  was  a  mover  and  colaborer  in  all 
deserving  public  improvements  and   interests.     He  died  in  the  city  of  Jack- 
sonville in  the  year  of  1889. 

Josiah  Lamborn  moved  to  and  became  a  member  of  the  bar  of  Jackson- 
ville about  the  year  1835,  from  the  state  of  Kentucky.     He  was  the  most  noted 

criminal   lawyer  of  his  day  at  that  bar;  was  a  very  forcible  advocate,  rich  in 
22 


338  THE  BENCH  AND  BAR  OF  ILLINOIS. 

resources,  a  lawyer  by  nature,  not  by  learning,  and  a  legal  genius.  His  gen- 
eral success  as  a  lawyer  was  not  so  marked  as  it  might  have  been.  He  was  a 
little  convivial  in  his  nature,  as  were  some  of  his  associates,  and  to  keep  within 
proper  bounds  they  formed  themselves  into  a  private  temperance  club,  one  of 
the  rules  of  which  was  to  meet  once  a  week  and  give  their  experience  and  tell 
the  truth.  Time  after  time  Lamborn  confessed  to  a  violation  of  the  abstinence 
pledge.  Finally  one  of  the  brothers  undertook  to  discipline  him,  by  admon- 
ishing him  that  he  could  quit  if  he  would,  to  which  he  repHed,  "I  am  aware 
of  that,  but  the  devil  of  it  is,  I  can't  would."  He  was  a  large  man.  over  six 
feet  high,  and  was  a  fine-looking  man,  but  had  a  deformed  foot  and  carried  a 
large,  heavy  cane.  Once  interrogated  why  he  carried  so  large  a  cane,  he  said 
in  reply,  "I  carry  it  as  a  peace-maker ;  don't  you  know  that  if  you  will  raise  your 
cane  and  crowd  your  antagonist,  nine  times  out  of  ten  he  will  run?"  "But," 
said  his  friend,  "how  about  the  tenth  time?"  "Oh,  well,"  he  said,  "you  must 
not  be  so  d — d  a  fool  as  not  to  then  run  yourself."  He  died  in  the  year  1847 
and  was  buried  in  the  cemetery  at  Whitehall. 

Of  the  earliest  members  of  the  Jacksonville  bar.  Judge  William  Brown 
was  one  marked  for  his  ability  and  legal  learning.  A  native  of  Kentucky,  about 
the  year  of  1835  he  moved  to  Jacksonville,  and  became  a  member  of  the 
Jacksonville  bar.  Being  well  versed  in  the  science  of  the  law,  and  of  quick 
legal  perception  and  marked  for  his  courtly  etiquette,  he  was  one  of  the  most 
distinguished  jurists  and  successful  practitioners  at  the  bar.  His  business  life 
was  somewhat  divided  betw^een  his  legal  practice  and  other  lines  of  private 
business  and  public  interests,  and  he  was  successful  in  all.  He  departed  this 
life,  in  the  city  of  Jacksonville,  in  the  year  1871. 

John  J.  Hardin,  Stephen  A.  Douglas,  Richard  Yates  and  James  A.  Mc- 
Dougal,  all  of  national  renown,  were  early  members  of  the  Jacksonville  bar. 
All  were  able  and  prominent  lawyers  in  their  day  of  practice.  But,  buoyed 
up  by  an  honorable  ambition  for  broader  fields  of  action,  they  left  their  legal 
practice  at  an  early  day  of  life  and  engaged  themselves  in  state  and  national 
affairs. 

James  Berdan,  one  of  the  early  members  of  the  Jacksonville  bar,  was  a 
native  of  New  York,  and  prepared  himself  for  his  profession  in  the  city  of 
New  York,  under  the  old  rule  of  many  years  study  before  admission  to  the  bar, 
and  was  very  thoroughly  read  in  the  law  before  he  came  to  this  tow-n, — which 
was  in  the  year  1834, — where  he  entered  upon  the  practice  of  his  profession. 
He  was  a  gentleman  of  culture  and  literary  and  artistic  taste,  and  was  an  ac- 
complished lawyer,  especially  in  equity  pleadings  and  practice.  He  was  a 
model  draftsman  of  legal  documents  and  court  papers,  and  his  writing  was  like 
copperplate.  He  was  a  little  too  modest  for  the  rough-and-tumble  ways  of  trials 
of  issues  before  a  jury.     He  died  in  Jacksonville  in  the  year  of  1883. 

Henry  E.  Dummer  was  a  native  of  Maine,  and  immigrated  to  the  town 
of  Jacksonville  and  became  a  member  of  its  bar  about  the  year  1835,  but  soon 
thereafter  removed  to  Springfield,  and  after  a  short  residence  there  removed  to 
Beardstown,  where  he  practiced  his  profession  with  marked  success  till  about 


THE  BENCH  AND  BAR  OF  ILLINOIS.  339 

the  year  1864,  when  he  returned  to  Jacksonville  and  renewed  his  relations  with 
that  bar,  and  so  continued  till  his  death.  He  was  a  master  of  the  legal  science 
in  all  its  lines  and  departments,  and  most  skilled  and  adroit  in  its  practice.  No 
opponent  could  hide  himself  behind  any  legal  f^lacies  that  the  "J"<^&^"  would 
not  discover,  and  generally  to  his  opponent's  discomfiture.  By  nature  and  his 
broad  learning  he  was  a  thoroughly  equipped  lawyer  of  the  highest  order. 
He  was  one  of  the  few  attorneys  of  the  bar  to  whom  most  of  the  others  looked 
for  advice  and  assistance,  and  this  aid  was  certainly  and  cordially  given.  He 
was  judge  of  the  county  court  of  Cass  county  for  several  terms.  While  resid- 
ing in  the  city  of  Jacksonville,  on  account  of  declining  health,  he  visited  north- 
ern Lake  Michigan,  in  the  year  of  1878,  and  there  died. 

Henry  B.  McClure  immigrated  to  Jacksonville  from  the  state  of  Vermont 
in  the  year  1835  and  at  once  entered  upon  the  practice  of  the  law.  That  was 
his  business  and  nothing  else.  He  was  a  very  able  jurist  and  thorough  lawyer. 
He  was  noted  for  being  the  most  laborious  and  painstaking  member  of  the 
bar  in  the  preparation  and  management  of  his  cases.  He  would  subject  his 
client  to  the  strictest  examination  and  cross-examination  as  to  the  facts  of 
his  case,  would  then  take  time  to  thoroughly  examine  the  law  bearing  on  the 
case,  and  then,  and  not  till  then,  would  he  prepare  his  legal  papers.  If  an 
opposing  counsel  left  a  weak  point  in  his  case  exposed  he  might  expect  Mc- 
Clure to  find  it.  As  his  cases  progressed  he  kept  himself  posted  as  to  every 
step  taken,  from  the  summons  to  the  final  order  and  execution,  and  to  the  re- 
ceipt of  satisfaction.  In  the  year  1881,  on  his  way  to  the  city  of  Lansing,  in 
the  state  of  Michigan,  going  hurriedly  from  his  hotel  in  Chicago  to  the  Michi- 
gan Central  depot,  he  reached  a  seat  in  the  coach,  laid  down  his  overcoat  and 
satchel,  put  on  his  glasses,  opened  his  morning  paper,  and  in  one  minute  was 
dead. 

David  A.  Smith  was  a  native  of  the  state  of  Virginia,  and  immigrated  to  the 
state  of  Alabama,  where  he  entered  upon  the  practice  of  his  profession  at  an 
early  age  of  life.  Subsequently  he  moved  to  Carlinville,  Illinois,  and  after 
some  years'  practice  there,  moved  to  Jacksonville  and  became  a  member  of  its 
bar  in  the  year  1840.  His  motto  was,  "thorough  work  and  thorough  pay." 
He  was  a  learned  jurist,  an  able  lawyer,  especially  in  all  the  branches  of  civil 
law  and  practice,  and  particularly  on  the  equity  side;  but  would  rarely  take  a 
criminal  case.  He  diagnosed  his  cases  quickly  and  almost  always  correctly,  but 
if  erroneously,  which  was  difficult  for  him  to  see,  he  generally  followed  his  first 
impressions  to  the  end.  An  erasure  or  interlineation  was  rarely  seen  in  his 
legal  papers.  He  was  able  to  do  more  work,  and  do  it  well,  than  any  other 
member  of  the  bar  in  the  same  length  of  time,  and  he  was  a  very  successful 
and  financially  prosperous  practitioner.  He  died  in  the  state  of  Minnesota  in 
the  year  1865,  while  on  a  tour  of  recreation  and  health. 

Captain  John  L.  McConnel,  son  of  General  Murray  McConnel,  was  born 
and  educated  in  the  city  of  Jacksonville,  and  became  a  member  of  its  bar 
about  the  year  of  1847,  ^^^^^  his  return  from  the  Mexican  war.  Nature  favored 
him  with  more  than  ordinary  intellectual  gifts.     He  was  a  shrewd  lawyer  and 


340  THE  BENCH  AND  BAR  OF  ILLINOIS. 

strong  advocate.  He  was  possessed  of  marked  literary  ability  and  taste,  and 
was  the  author  of  several  literary  productions  of  fiction,  of  very  considerable 
merit,  which  are  entitled  as  follows:  Talbot  and  Vernon,  Graham,  or  Youth 
and  Manhood,  The  Glenns,  and  Western  Character.  He  died  in  Jacksonville 
in  the  year  1862. 

SOME  NOTABLE  CASES. 

Tft^  first  indictment  for  murder  *in  Morgan  county  was  found  in  the  year 
of  1839,  against  John  A.  Hall,  charging  him  with  the  murder  of  Robert  Denny. 
Hall  was  a  tailor  and  Denny  went  into  Hall's  shop,  where  he  was  at  work  on  the 
bench.  The  parties  quarreled,  and  Hall  being  assaulted,  or  threatened  with 
an  assault,  by  Denny,  threw  his  tailor  shears  at  and  into  Denny  and  killed  him. 
Hall  was  tried  and  acquitted.  Judge  William  Thomas  was  the  judge  then 
presiding,  William  Brown  was  the  state's  attorney,  and  Josiah  Lamborn  was 
defendant's  attorney. 

The  only  man  sentenced  to  be  hanged  in  Morgan  county  was  George 
Gardner,  who  was  indicted  in  Scott  county  in  the  year  1841,  charged  with  the 
murder  of  Phillip  W.  Nash,  at  Exeter,  by  shooting  him  with  a  shotgun.  The 
trial  was  brought  to  Morgan  county  on  a  change  of  venu€.  Gardner  was  tried, 
found  guilty  of  murder  and  sentenced  to  be  hanged,  at  Jacksonville,  on  the  23d 
day  of  July,  1841.  But  on  the  night  before,  Gardner  broke  jail  and  made  his  es- 
cape. Some  people  insinuate  that  he  escaped  through  the  front  door,  although  the 
jail  was  broken.  So  no  man  has  ever  been  hung  in  Morgan  county  under  a 
sentence  of  a  court.  Judge  Stephen  A.  Douglas  sentenced  the  convict ;  John  S. 
Greathouse,  the  state's  attorney,  prosecuted,  and  John  P.  Jordan,  of  Winchester, 
defended  him. 

The  earliest  immigrants  to  Jacksonville  were  mostly  from  the  southern 
states,  but  after  a  few  years  there  were  heavy  immigrations  from  the  north 
and  cast,  until  the  population  of  the  town  was  about  equally  divided  between 
the  southerners  and  northeners.  As  some  of  the  southern  people  used  to  say,  the 
population  of  the  town  was  about  equally  divided  between  the  "Whites  and  the 
Yankees."  Although  the  southern  people  of  the  town  and  county  were  generally 
opposed  to  slavery,  they  did  not  sympathize  with  any  interference  with  the 
supposed  slave  rights  of  their  friends  in  the  states  from  which  they  came.  As 
time  progressed  a  broad  difference  of  sentiment  existed  between  the  two  classes 
of  people  in  the  town,  which  was  very  much  inflamed  by  the  cruel  murder  of 
Lovejoy,  at  Alton,  in  the  year  of  1837,  and  soon  thereafter  Jacksonville  be- 
came a  station  on  the  ^'underground  railroad." 

About  the  year  1835  a  Kentucky  family  by  the  name  of  Chinn,  in  some  way 
related  to  the  Rev.  Porter  Clay  and  the  Hardin  family,  then  residing  in  Jack- 
sonville, moved  to  this  town,  and  brought  with  them  two  of  their  slaves,  named 
Robert  Logan  and  Emily  Logan.  Having  been  kept  here  a  year  or  two  by 
their  master,  the  slaves  were  informed  by  some  of  the  anti-slavery  people  that 
they  were  free,  and  were  induced  to  leave  their  master  and  to  live  with  other 
people  of  the  town.     But  after  a  short  time,  when  Robert  was  cutting  wood  at 


THE  BENCH  AND  BAR  OF  H.LINOIS.  341 

the  wood-pile,  he  was  violently  seized  and  tied  and  forced  into  a  carriage  by 
four  armed  men  and  was  carried  to  Naples  and  shipped  on  a  steamboat  to  the 
south.  At  the  July  term,  1838,  of  the  circuit  court  of  Morgan  county,  Charles 
S.  Hardin  and  Marcus  Chinn  were  severally  indicted  on  the  charge  of  kid- 
naping Robert  Logan,  and  at  the  October  term,  1838,  of  said  court,  Chinn  was 
tried  and  acquitted  and  the  indictment  against  Hardin  was  quashed.  Jesse  B. 
Thomas  was  the  presiding  judge  at  both  terms  of  said  court,  Josephus  Hewitt 
drew  the  indictment  as  state's  attorney,  and  David  M.  Woodson  prosecuted,  as 
state's  attorney,  at  the  October  term. 

Emily  Logan,  after  leaving  her  master,  lived  in  the  family  of  Mr.  Elihu 
Wolcott  and,  under  his  direction  and  support,  at  the  October  term,  1838, 
by  her  attorney,  Henry  B.  McClure,  she  instituted  suit  for  her  freedom,  against 
Marcus  A.  Chinn,  who  claimed  her  as  his  slave,  in  the  nature  of  a  writ  de  homine 
replegiando.  At  the  March  term,  1840,  of  said  court,  Judge  William  Thomas, 
who  was  presiding,  declined  to  try  the  cause,  for  the  reason  of  his  having  ad- 
vised as  to  the  form  of  the  action,  before  he  had  gone  on  the  bench,  and  he 
ordered  a  change  of  venue  of  the  cause  to  the  Sangamon  circuit  court. 
Cyrus  Walker,  the  noted  criminal  lawyer  of  Schuyler  county,  Illinois,  and  an 
uncle  of  the  lamented  Hon.  Pinckney  H.  Walker,  was  defendant  Chinn's  attor- 
ney in  the  Morgan  county  circuit  court.  At  the  November  term,  1840,  of  the 
Sangamon  county  court  the  case  was  tried  by  a  jury,  and  they  found  that  "she" 
(Emily  Logan)  was  not  his  (Marcus  Chinn's)  "slave,"  and  assessed  her  damages 
at  one  dollar,  and  she  recovered  a  judgment  establishing  her  freedom. 

In  February,  1843,  Mrs.  Sarah  W.  Liles,  a  resident  of  the  state  of  Louisiana, 
on  her  way  from  Kentucky  to  her  home,  came  by  way  of  Jacksonville  on  a  visit 
to  friends.  With  her  she  had  her  slave  Julia,  a  colored  girl  about  the  age  of 
eighteen  years.  Shortly  before  her  intended  departure  for  her  home  in  Louisi- 
ana her  servant  Julia  was  spirited  away  by  some  of  the  anti-slavery  people  and 
taken  to  the  home  of  Mr.  Cushing,  near  Greenfield,  Greene  county,  on  her  indi- 
rect way  to  Canada.  Here  she  was  overtaken,  in  the  care  of  Julius  A.  Willard,  and 
brought  back  to' her  mistress.  At  the  March  term,  1843,  o^  the  circuit  court 
of  Morgan  county  Julius  A.  Willard  and  Samuel  Willard  were  severally  in- 
dicted for  secreting  and  harboring  Julia,  a  colored  girl  and  a  slave  of  Mrs.  Sarah 
W.  Liles.  At  that  term  of  court  the  defendant,  Julius  A.  Willard,  by  his  at- 
torneys, William  Brown,  Henry  B.  McClure. and  Cole,  appeared  and 

demurred  to  each  count  of  the  indictment,  which  was  sustained  as  to  the  first 
five,  and  overruled  as  to  the  sixth  count.  The  balance  of  the  order  of  the 
court  runs  as  follows:  "And  the  said  defendant  stands  by  his  demurrer  and, 
not  defending  further,  it  is  ordered  by  the  court  that  the  defendant  make  his 
fine  to  the  people  of  the  state  of  Illinois  in  the  sum  of  twenty  dollars,  and  that 
he  pay  the  costs  of  the  prosecution." 

The  same  attorneys.  Brown,  McClure  and  Cole,  appeared  and  defended 
Samuel  Willard,  and  at  the  May  term,  1845,  0^  said  court  the  defendant  with- 
drew his  demurrer  and  pleaded  guilty,  and  the  court  entered  a  fine  of  one 
dollar  against  him  and  ordered  that  he  pay  the  costs  of  the  prosecution.     Samuel 


342  THE  BENCH  AND  BAR  OF  ILLINOIS. 

D.  Lockwood  was  the  judge  presiding  in  the  prosecution  of  these  indictments, 
and  John  W.  Evans,  of  Jacksonville,  was  the  state's  attorney  prosecuting; 
Dennis  Rockwell  was  clerk  and  Alexander  Dunlap  sheriff.  It  may  be  fitting 
to  state  that  Dennis  Rockwell  was  appointed  clerk  of  the  circuit  court  of  Morgan 
county  within  the  first  year  of  the  existence  of  the  county,  and  held  the  office 
continuously  till  the  year  1848.  He  was  also  at  the  same  time,  for  several 
years  of  the  early  life  of  the  county,  county  clerk  and  recorder,  and  postmaster 
and,  as  some  of  our  people  have  said,  he  carried  the  letters  that  came  to  the 
postoffice  in  his  hat  and  distributed  them  to  the  people. 

On  the  morning  of  the  9th  day  of  February,  1869,  General  Murray  Mc- 
Connel  was  found  lying  on  the  floor  of  his  office  at  his  residence,  his  head 
saturated  with  and  resting  over  pools  of  his  warm,  fresh  blood,  breathing  his 
last  breaths  of  life.  At  that  time  he  was  residing  on  the  west  side  of  North 
Main  street,  in  the  city  of  Jacksonville,  about  two  blocks  north  of  the  public 
square,  and  one  block  south  of  the  Wabash  depot.  His  private  office  was 
on  the  ground  floor,  in  the  L  part,  and  on  the  south  side  of  his  residence.  His 
family  consisted  of  himself,  his  wife,  his  son  Edward,  his  two  grandchildren, 
Murray  and  Belle  McConnel,  and  the  housemaid,  Mary  Ryan,  and  no  other 
person  was  abiding  with  the  family  at  that  time.  The  General  had  prepared 
himself  to  take  the  train  for  Springfield,  then  due  in  a  few  minutes,  on  some 
private  business  respecting  his  claim  to  a  large  tract  of  land  situated  in  the 
central  part  of  the  city  of  Chicago. 

William  A.  Robinson,  who  was  subsequently  indicted  for  the  alleged  mur- 
der of  General  McConnel,  was  a  well  appearing  young  man,  of  the  age  of 
about  twenty-eight  years,  had  been  raised  in  Lawrence  county,  Illinois,  and 
was  of  a  highly  respected  family.  He  had  been  living  in  the  city  of  Jackson- 
ville about  three  years  and  most  of  the  time  had  been  clerk  in  a  hotel  kept 
by  the  Kelsey  brothers.  He  had  married  into  an  Irish  family  of  the  city  of 
Jacksonville,  plain,  good  people.  He  had  a  child  of  the  age  of  one  year. 
He  had  been  for  a  few  .months,  and  was  then,  keeping  a  little  provision  store 
in  a  little  room  on  the  north  side  of  the  public  square,  jointly  occupied  by 
J.  T.  Stevenson  as  a  tin  shop  and  store.  He  had  been  living  in  a  rented  house 
on  North  Main  street,  north  of  the  McConnel  house,  but  a  few  days  before  had 
sold  his  household  property  and  sent  his  wife  and  child  to  his  father  in  Law- 
rence county.  At  the  time  of  the  homicide  he  was  stipulating  with  Kelsey  for 
the  sale  of  a  part  of  his  stock  of  goods  to  him  in  satisfaction  of  indebtedness 
due  from  him  to  Kelsey. 

A  coroner's  inquest  was  held  over  the  dead  body,  Robinson  was  suspected, 
and  after  taking  evidence  a  few  days  the  jury  found  by  their  verdict  that  Mc- 
Connel had  come  to  his  death  by  the  hand  of  William  A.  Robinson,  and  he 
was  committed  to  jail  to  await  the  action  of  the  grand  jury.  The  theory  of  the  pros- 
ecution was  that  McConnel  held  Robinson's  note  for  four  hundred  dollars,  then 
overdue ;  that  McConnel  had  been  pressing  him  for  its  payment ;  that  Robinson 
visited  McConnel's  office  on  the  morning  of  the  homicide,  prepared  with  a 
weapon,  probably  some  tool  procured  in  Stevenson's  tin  shop,  for  the  purpose  of 


THE  BENCH  AND  BAR  OF  ILLINOIS. 

killing  McConnel  and  taking  his  note.  And  that  finding  McConnel  in  his 
alone  he  offered  to  pay  the  note,  and  that  McConnel  took  the  note  from  his  c 
and  when  he  was  proceeding  to  compute  the  interest  on  it  Robinson  in 
the  mortal  blow,  took  the  note  and  left  the  office.  The  material  ev: 
taken  before  the  coroner's  jury,  as  appears  in  the  coroner's  report  filed 
circuit  clerk's  office,  is  substantially  as  follows : 

Mary  Ryan,  the  housemaid,  testified  that  at  the  time  of  the  homicid 
knew  of  no  one  being  in  the  house  but  the  General,  his  wife  and  herself 
Edward,  Murray  and  Belle  had  gone  from  the  house.     That  about  nine  o' 
she  was  in  the  General's  office,  dressing  up  the  room,  and  saw  him  sitting 
his  table  with  his  feet  on  the  stove  hearth,  reading  a  letter;  from  there 
went  up-stairs  to  do  her  chamber  work,  and  while  there  she  heard  the  i 
bell  ring,  and  went  down  and  out  of  the  back  part  and  around  the  south 
of  the  house  and  down  to  the  front  gate,  and  received  the  milk  and  retu 
the  same  way  into  the  back  part  of  the  house;  and  placed  the  milk,  and 
turned  up-stairs  to  her  chamber  work.     That  while  so  up-stairs  (and  she 
not  certain  whether  it  was  the  first  or  last  time  mentioned)  she  heard  nc 
below,  one  like  a  door  jar  and  the  other  like  the  fall  of  something  heavy; 
that  about  ten  or  fifteen  minutes  after  she  had  left  the  General  in  his  office 
returned  to  the  office  to  supply  the  water-pitcher,  and  found  him  lying  on 
floor  dead,  or  dying,  and  various  persons  were  called  in  for  assistance.     / 
some  of  these  called  in  testified  that  they  found  the  General  lying  on  the  of 
floor  in  a  dying  condition,  and  that  he  died  in  a  few  minutes;  that  the  bi 
lower  part   of  the   skull  was   crushed   by   some   heavy   blow,   another   simi 
wound  on  the  top  of  the  head,  and  one  just  forward  of  one  ear.     That  a  file 
bundle  of  vahiable  papers  was  lying  on  the  table;  that  an  interest  book  v 
lying  open  on  the  table,  and  that  there  was  a  heavy  pencil-mark  on  the  op 
leaf  of  the  interest  book,  as  though  he  had  been  tracing  a  column  on  the  boc 
and    some  sudden   impulse  had   pushed  the   pencil   forward;   that  a   commi 
wooden  pencil,  with  the  leaden  point  broken  off,  was  found  lying  on  the  flo 
near  the  table ;  that  his  hat  was  lying  on  the  floor,  and  two  long,  heavy  pape 
weig^hts  were  on  the  table,  without  any  appearance  of  having  been  recent 
handled,  and  that  his  watch  and  money  were  found  in  his  pockets  undisturbed 
William  H.  Worrell,  the  dairyman,  testified  that  he  had  known  William  J 
.Robinson  for  several  months  by  sight,  and  had  seen  him  several  times  in  hi 
store,  at  Stevenson's  tin  shop.     That  he,  the  witness,  was  carrying  on  a  dair 
and   had   been  delivering  milk  to  the  McConnel   family  for  several   months 
That  on  the  morning  of  the  9th  day  of  February,  as  he  drove  from  the  eas 
onto   North  Main  street,  nearly  opposite  the  McConnel  residence,  to  delivei 
milk,   he  saw  Robinson  walking  on  the  street  pavement  in  a  south  direction 
and  when  he  reached  the  front  gate  he  passed  through  the  same  and  walked 
up  the  front  walk  toward  the  McConnel  house;  and  that  when  he  was  about 
half  way  from  the  gate  to  the  house  his  view  was  obstructed  by  the  top  of  his 
milk-wagon  being  turned   down   and  to  the   side,  occasioned   by   the   wheels 
running  into  a  rut,  and  he  saw  him  no  more;  that  he  stopped  at  the  front 


344  THE  BENCH  AND  BAR  OF  ILLINOIS. 

gate  a  minute  and  then  rang  the  milk-bell,  and  the  girl  soon  came  and  re- 
ceived the  milk  and  returned  to  the  house.  And  that  between  the  time  he  so 
last  saw  Robinson  on  the  front  pavement,  going  toward  the  house,  and  the  time 
the  girl  came  from  the  house,  Robinson  had  had  time  enough  to  enter  the 
house;  that  Robinson  was  wearing  a  cap  and  a  brown  overcoat  of  medium 
length ;  that  this  afternoon  (the  afternoon  when  witness  was  being  examined) 
he  had  gone  to  Robinson's  store  and  bought  some  raisins  of  him ;  that  Steven- 
son was  there  at  the  time,  and  in  the  presence  of  Robinson  said  that  some  one 
had  said  that  he,  witness,  saw  Robinson  go  into  McConnel's  yesterday;  and  he, 
witness,  said  he  thought  he  did ;  and  Stevenson  said  to  Robinson,  that  that 
was  about  the  time  that  he,  Robinson,  had  gone  down  there,  and  that  Robin- 
son said  yes,  about  nine  o'clock,  but  that  Stevenson  made  no  reference  to 
Robinson's  purpose  in  going  to  McConners. 

Elizabeth  Mahoney  testified  that  she  knew  William  A.  Robinson  well;  that 
he  had  been  living  close  to  where  she  lived ;  that  a  few  days  before  McConnel's 
death  Robinson's  wife  had  gone  away  and  he  had  sold  all  his  furniture;  that 
on  Tuesday  morning  about  nine  o'clock,  as  she  was  walking  south  on  North 
Main  street,  opposite  McConnel's  house,  she  saw  Robinson  coming  from  the 
direction  of  McConnel's  house ;  that  he  was  inside  the  yard,  nearly  down  to  the 
front  gate ;  that  he  passed  out  at  the  gate  and  went  north ;  that  she  did  not 
notice  his  dress  particularly;  he  had  a  short  brown-colored  business  coat  on; 
he  had  no  overcoat;  he  had  on  a  cap. 

William  A.  Robinson  testified  before  the  coroner,  that  he  was  born  in 
Lawrence  county,  Illinois,  in  the  year  1842;  that  he  had  been  living  in  Jackson- 
ville about  four  years;  that  about  two  years  of  that  time  he  had  been  clerk 
in  the  Mansion  House,  kept  by  Frank  Kelsey;  that  he  was  married  and  had 
one  child  ten  months  old;  that  in  June,  1868,  he  had  gone  into  the  grocery  busi- 
ness in  Jacksonville;  that  he  and  his  family  had,  until  within  a  few  days,  lived 
in  a  house  on  North  Main  street,  and  his  wife  had  gone  to  Lawrence  county 
to  his  father's ;  that  on  Saturday  he  had  sold  his  furniture ;  that  he  thought  his 
stock  of  goods  amounted  to  about  one  thousand  dollars,  of  which  he  had 
arranged  with  Frank  Kelsey  to  take  enough  to  pay  him  an  indebtedness  of 
five  hundred  and  sixty-one  dollars  which  he  owed  him;  that  he  had  been  well 
acquainted  with  General  Murray  McConnel,  and  that  a  year  or  two  before  that 
time  had  borrowed  four  hundred  and  twenty  dollars  of  him  and  gave  his 
note  for  the  payment  of  the  same ;  that  he  took  up  said  note  by  giving  another 
note  to  McConnel  for  four  hundred  dollars,  prepaying  the  interest  by  adding 
it  in  the  principal ;  that  he  did  not  remember  when  it  was  made  payable ;  that 
he  paid  the  last  mentioned  note  to  McConnel  in  his  office  in  December  last; 
that  no  other  person  was  there  at  the  time,  and  that  he  burned  the  note  in  his 
stove  the  same  day.  That  about  nine  o'clock  on  the  morning  that  McConnel 
was  killed  he  passed  by  McConnel's  house,  on  the  sidewalk  going  north  to  the 
house  in  which  he  had  been  Uving,  to  get  a  bread-board  and  some  nutmegs 
which  he  had  left  there,  to  give  them  to  a  neighbor  woman,  and  as  he  was 
passing  the  McConnel  house  he  saw  the  witness,  Mrs.  Elizabeth  Mahoney,  on 


THE  BENCH  AND  BAR  OF  H^LINOIS.  345 

the  opposite  side  of  the  street,  going  south,  and  that  he  was  down  on  that  street 
but  once  that  morning.     That  he  had  accumulated  in  his  store  the  four  hundred 
dollars  w4th  which  he  paid  the  McConnel  note,  in  the  month  of  December ;  that 
his  collections  were  then  good ;  that  he  kept  no  bank  account,  but  carried  his 
money ;  that  he  kept  books  in  his  business ;  that  his  books  showed  the  payment 
of  that  note ;  and  that  it  had  been  paid  about  the  loth  of  December.     (While 
Robinson  was  being  examined  an   officer  had   gone  to   his   store,  took  and 
brought  his  store-books  before  the  coroner,  and  they  were  handed  to  Robin- 
son.)    And,  further  testifying,  Robinson  stated  that  these  were  his  books  in  which 
he  had  kept  a  cash  account  of  debits  and  credits ;  that  the  small  book  was  the 
old  one,  in  which  the  entries  were  first  made ;  that  he  wanted  a  new  book,  and 
had  got  the  large  one  and  transferred  the  entries  of  the  small  old  book  into  the 
large  new  book;  that  he  found  the  entry  of  the  payment  of  the  four  hundred 
dollars  to  McConnel,  of  the  date  of  December  loth,  in  the  large  book,  but  that 
he  did  not  find  that  entry  in  the  small  book ;  that  he  did  not  know  why  it  was  not 
in  the  small  book ;  that  these  entries  were  in  his  hand-writing ;  that  in  the  large 
book  these  items  and  dates  appeared  in  the  cash  account: 

Dec.    7 — To    Mdse $11^.2$ 

"       8      "  "     73.60 

"       9      "  "     96.00 

"      10      "  ''     63.25 


II  74-00 


And  also  the  item  of  date  of  December  loth  on  credit  side,  "Pd.  M.  Mc- 
Connel, $400.00."  That  in  the  small  book  these  items  and  dates  appeared  in 
the  cash  account: 

Dec.  7— To    Mdse $3.25 

"  8      "  "     3.60 

"  9      "  "     6.00 

"  10      "  ''     3.25 

II  4.00 

And  that  there  appeared  on  the  credit  side  of  the  small  book  no  item  of  the 
payment  of  four  hundred  dollars  to  McConnel,  and  that  he  did  not  explain  the 
facts  of  the  difference  of  the  entries  in  the  two  books,  but  that  the  large  book 
was  rig^ht,  and  that  he  had  not  written  the  figures  11,  7,  9,  6  and  7  in  the  large 
book  that  week,  and  that  these  figures,  and  the  item  of  payment  to  McConnel, 
were  written  with  the  same  ink. 

It  will  be  observed  that  the  two  merchandise  accounts  in  the  two  account 
books  would  be  precisely  the  same,  as  to  dates,  items  and  amounts,  if  the  figures 
II ,  7,  9,  6  and  7,  were  taken  respectively  from  the  several  items  of  the  account 
in  the  new  large  book ;  and  the  difference  in  the  aggregate  amounts  of  the  two 
accounts,  is  $400.  And  it  was  in  evidence  before  the  coroner's  jury,  and  also  on 
the  trial  in  the  circuit,  that  the  officer  who  took  the  books  from  Robinson's 
store,  also  found  on  his  desk  or  counter  one  of  Robinson's  business  cards,  on  the 
back  of  which  was  written,  in  apparently  fresh  ink,  a  figured  calculation  corre- 
sponding with  the  difference  of  the  said  two  book  accounts,  and  brought  out  the 


346  THE  BENCH  AND  BAR  OF  ILLINOIS. 

result  four  hundred  dollars.  And  Kelsey.  the  proprietor  of  the  hotel  in  which 
Robinson  had  been  clerk,  testified  that  in  Ills  opinion  the  figuring  on  the  back 
of  the  card  was  in  the  hand-writing  of  Robinson.  And  Robinson  testified  that 
he  knew  nothing  of  the  writing  on  the  card,  and  that  he  did  not  write  it. 

It  was  the  theory  of  the  prosecution  that  after  Robinson  discovered  that  sus- 
picion was  pointing  to  him  he  changed  the  entries  in  his  new  account  book  so  as  to 
account  for  the  four  hundred  dollars  with  which  to  pay  the  McConne!  note.  At 
the  April  term  of  court  Robinson  was  indicted,  on  the  charge  of  murdering  Mur- 
ray McConnel.  A  special  May  term  of  court  was  called  for  the  trial.  The  old 
court-house  was  thought  unsafe  as  a  court-room.  The  new  court-house  was  then 
not  completed.  Strawn's  opera  house  was  provided  for  the  trial,  which  was  taken 
by  the  public  as  an  invitation  to  attend  the  great,  tragic  murder  trial,  and  they 
were  there, — men, women  and  children.  The  hall  was  large,  with  galleries  on  three 
sides.  Court  convened  on  the  25th  day  of  May.  Charles  D.  Hodges  was  the 
judge  presiding,  an  able  jurist  and  a  just  man.  William  Brown,  the  state's  at- 
torney, prosecuted,  assisted  by  Isaac  L.  Morrison,  Henry  J.  Atkins  and  Isaac  J. 
Ketcham,  all  of  Jacksonville.  The  accused  was  defended  by  Judge  Aaron  Shaw, 
of  Lawrenceville ;  Judge  David  M.  Woodson,  of  Carrollton;  Hon.  James  C. 
Robinson,  of  Springfield ;  and  William  H.  Barnes,  of  Jacksonville. 

Outside  o(  the  merits  of  the  case,  the  defense  had  some  advantage,  McCon- 
nel's  long,  energetic  and  successful  business  life  had  engendered  some  animosi- 
ties and  jealous  feelings  with  some  of  the  people,  which  had  not  been  altogether 
forgotten  at  the  time  of  his  death;  and  a  supposed  subsidized  press,  through  a 
local  correspondent  of  the  St.  Louis  Democrat,  the  Chicago  Journal  and  the 
Springfield  Journal,  day  by  day,  during  the  trial,  flooded  the  town  with  articles 
hostile  to  the  prosecution  and  the  deceased,  and  favorable  to  the  defense.  And, 
strange  as  it  may  appear,  almost  all  the  women  present  took  a  decided  stand 
in  favor  of  the  defense,  possibly  on  account  of  their  natural  sympathy  for  the 
unfortunate  but  genteel  appearing  wife  and  innocent  child  of  the  defendant,  and 
for  the  well  appearing  defendant  himself.  Perhaps  some  of  them  had  not  for- 
gotten some  old  grudge  or  prejudice  against  the  deceased.  At  all  events 
tlicy  manifested  their  sympathy  for  the  defense  and  their  prejudice  against  the 
prosecution  in  the  most  shameful  and  unbecoming  manner,  by  outbursts  of  ap- 
plause in  open  court,  until  that  was  suppressed  by  the  judge,  and,  occupying  the 
gallery  immediately  over  the  jury  box,  by  dropping  notes  down  on  the  jury,  and 
showering  down  boucjuets  on  the  defendant  and  his  wife  and  child,  and  on  the  de- 
fendant's attorneys  immediately  on  the  adjournments  of  the  court.  By  way  of 
showing  contempt  for  the  prosecution,  while  Attorney  I.  L.  Morrison  was 
making  the  closing  argument  for  the  prosecution,  a  large  bunch  of  smart- 
weed,  dog-fennci  and  other  noxious  growth  was  thrown  from  the  gallery  on  bis- 
table in  front  of  him.  The  verdict  of  the  jury  was  for  the  acquittal  of  the 
defendant,  and  after  the  adjournment  of  the  court,  as  soon  as  they  could  be 
reached  by  the  women,  the  defendant,  his  wife  and  child  and  the  defendant's  at- 
torneys and  some  of  the  jurors  were  profusely  honored  with  bouquets,  and  a 
move  was  made  to  give  the  acquitted  defendant  and  his  wife  a  banquet  at  the 


THE  BENCH  AND  BAR  OF  ILLINOIS.  347 

hotel  that  night,  but  some  of  the  more  sober-minded  people,  for  shame,  inter- 
fered and  put  a  stop  to  it.  The  people  of  the  state  of  Illinois  did  not  prosecute 
anyone  else,  or  look  for  anyone  alse  to  prosecute,  for  the  murder  of  General 
Murray  McConnel. 

In  the  trial  of  a  judicial  cause  that  elicits  much  public  sentiment,  no  influence 
is  more  menacing  to  a  fair  administration  of  justice  than  the  interference  of  an 
unscrupulous  public  press,  or  the  presence  of  a  large  attendance  of  sympathetic 
and  prejudiced  women. 

David  Allen  Smith*  was  born  near  Charlotte  Court  House,  Charlotte  county, 
\'irginia,  June  18,  1804.  His  ancestors  were  English  people  who  came  to  Vir- 
ginia at  a  very  early  day.  Many  of  their  descendants  are  now  residents  of  that 
part  of  Virginia.  His  parents,  Thomas  and  Millie  (Roper)  Smith,  removed  to 
Pulaski,  Giles  county,  Tennessee,  when  he  was  but  a  few  years  old.  There  was 
but  one  other  child  in  the  family,  a  daughter,  who  died  in  very  early  life.  In  the 
year  182 1  they  removed  from  Pulaski  to  Courtland,  Lawrence  county,  Alabama; 
but  David  was  left  at  Pulaski,  under  the  care  of  the  Rev.  Mr.  Wier,  with  whom 
he  pursued  a  full  course  of  academic  studies.  After  this  he  entered  the  office 
of  Judge  Bramlett,  of  Pulaski,  and  began  the  study  of  law.  In  a  letter  to  his 
father,  under  date  of  April  i,  1821,  he  speaks  as  well  of  his  general  reading  as 
of  his  reading  of  law,  and  says :  ''Since  I  have  been  with  Judge  Bramlett  I  have 
read  Hume's  History  of  England,  in  eight  large  volumes ;  Gibbon's  Decline  and 
Fall  of  the  Roman  Empire,  in  eight  large  volumes ;  also  three  volumes  of  Sir 
William  Blackstone's  Commentaries  on  the  laws  of  England,  and  I  am  now  re- 
viewing for  my  examination,  as  I  have  already  stated." 

He  was  admitted  to  the  practice  of  law  in  1824,  in  the  twentieth  year  of  his 
age,  and  at  once  entered  upon  his  professional  work  at  Courtland,  and  there  con- 
tinued it  until  1837,  when  he  removed  to  Illinois.     Although  of  a  cheerful  and 
lively  disposition  and  fond  of  company,  he  was  a  very  diligent  student.     The  very 
full  notes  he  made  while  pursuing  his  law  studies  show  that  he  read  with  great 
care  and  that  he  was  never  content,  in  his  researches,  until  he  obtained  a  clear 
view  of  the  subject  he  had  in  hand.     These  notes  themselves  are  remarkable  evi- 
dences of  patient  investigation  and  careful  notation,  and  they  and  his  letters  and 
other  writings  show  clearly  that  before  he  was  admitted  to  the  bar  he  had  already 
obtained  a  good  education.     Considering  the  condition  of  the  country  at  that 
early  day  his  opportunities  were  good,  but  good  as  they  were,  he  made  the 
very  best  use  of  them. 

Soon  after  his  admission  to  the  bar,  he  married  Miss  Jane  Smith,  a  daughter 
of  Captain  William  Smith,  of  Charlotte  county,  Virginia.  She  lived  only  about 
six  months  after  their  marriage ;  but  it  is  said  that  it  was  due  to  her  influence  that 
he  was  led  to  an  earnest  consideration  of  the  claims  of  religion  upon  him ;  and 
here  seems  to  have  been  the  commencement  of  that  active  and  faithful  Christian 
living  which  characterized  him  up  to  the  close  of  life.  On  the  4th  day  of  August, 
1830,  he  was  married,- at  Huntsville,  Alabama,  to  Miss  Eliza  Eleanor  Allan,  a 

♦Contributed  by  John  M.  Lansden. 


348  THE  BENCH  AND  BAR  OF  ILLINOIS. 

daughter  of  the  Rev.  Dr.  John  Allan,  then  widely  known  as  the  pastor  of  the 
Presbyterian  church  of  Huntsvillc. 

In  1837  he  removed  from  Courtland  to  Carlinville,  Illinois.  He  remained 
in  Carlinville.  in  the  practice  of  the  law,  for  two  years;  and  in  1839  removed 
to  Jacksonville,  where  he  remained  until  his  death,  July  13,  1865.  He  was  thus 
engaged  in  the  active  practice  of  the  law  forty-one  years. — thirteen  at  Court- 
land,  two  at  Carlinville  and  twenty-six  at  Jacksonville.  He  was  a  good  lawyer 
when  he  left  Alabama,  and  after  locating  in  Illinois  it  was  but  a  short  time 
before  he  had  acquired  an  e.xcellent  practice.  The  extent  of  his  practice  in  the 
supreme  court  of  the  state  is  seen  in  the  large  number  of  cases  he  had  in  that 
court,  reported  in  the  third  to  the  thirty-ninth  volumes  of  our  reports,  and 
embracing  the  years  i83()  to  1865. 

Soon  after  going  to  Jacksonville  he  formed  a  copartnership  with  General 
John  J.  Hardin,  who  afterward  became  colonel  of  the  First  Regiment  of  Illinois 
N'olunteers  in  the  war  with  Mexico,  and  who  fell  at  the  head  of  his  regiment, 
February  23,  1847,  at  the  battle  of  Buena  Vista.  While  General  Hardin  was 
absent  in  the  service  Mr.  Smith  regularly  divided  the  income  of  the  business  with 
Mrs.  Hardin.  The  diligence  that  characterized  him  as  a  student, characterized  also 
his  professional  life.  He  exemphfied  that  oft  forgotten  truth — forgotten  as  often 
by  lawyers  as  by  others — that  without  diligent  attention  to  one's  work  there  can 
be  no  well  founded  hope  of  success.  The  rewards  of  his  professional  labors  are, 
therefore,  easily  accounted  for.  They  came  to  'him  as  the  necessarj-  and 
legitimate  fruits  of  the  dihgent  use  of  his  talents  and  acquirements.  These  were 
of  a  high  order,  it  is  true;  but  in  the  will  that  governed  and  applied  them  must 
be  found  the  secret  of  his  success. 

In  pohtics  he  was  a  Whig  so  long  as  there  was  a  Whig  party.  He  believed 
firmly  in  its  principles ;  but  when  that  party  ceased  to  exist  he  naturally  allied 
himself  with  the  Republican  party,  and  it  is  probable  that  he  found  there  even  a 
more  congenial  home  than  his  former  party  had  afforded  him.  He  was  a 
member  and  an  elder  in  the  Presbyterian  churches  of  Courtland,  Carlinville  and 
Jacksonville.  In  the  work  of  the  church,  as  in  the  legal  profession,  he  stood  in 
the  front  rank,  and  was  there  always  a  leader.  With  him  the  work  was  not  to  be 
confined  to  a  groove  or  restricted  to  a  narrow  field.  He  never  exhibited  great 
alarm  at  the  cry  of  "politics  in  the  pulpit."  He  saw  a  clear  distinction  between 
carrying  politics  into  religion  and  religion  into  politics.  He  would  not  concede 
that  questions  clearly  possessing  moral  as  well  as  political  features  should  be 
controlled  solely  by  the  latter ;  for  to  him  the  moral  feature  of  a  matter  was  often 
its  chief  feature.  Liberality  to  all  the  local  and  general  enterprises  of  the  church 
was  not  to  him  the  sole  criterion  of  duty.  He  recognized  the  great  truth  that 
the  highest  demands  of  religion  are  of  a  personal  nature,  not  to  be  satisfied  with 
material  gifts;  and,  therefore,  while  he  gave  regularly  and  always  liberally,  he 
gave  to  the  cause  all  those  personal  attentions  without  which  no  Christian 
profession  or  life  can  possess  much  character  or  force. 

His  children  were  as  follows:  Captain  Thomas  WiUiam,  deceased;  Ann 
Mary,  wife  of  James  Moore,  Esq..  of  La  Porte,  Indiana,  both  deceased ;    Eliza 


THE  BENCH  AND  BAR  OF  ILLINOIS.  349 

Ellen,  wife  of  Rev.  George  C.  Noyes,  D.  D.,  of  Evanston,  deceased ;  John  Allan 
and  David  Brainard,  of  Jacksonville ;  Euphemia  Wyeth,  wife  of  John  M.  Lans- 
den,  Esq.,  of  Cairo;  Laura  Allan,  wife  of  Captain  James  H.  Kellogg,  of  Jackson- 
ville, deceased ;  Catharine  Barr,  wife  of  James  E.  Munroe,  Esq.,  of  Chicago ; 
James  Edward  and  Sarah  Emma,  twin  children,  both  deceased,  and  Hugh  Barr, 
of  Jacksonville. 

Upon  his  father's  death  he  came  into  the  possession  and  ownership  of  a 
number  of  slaves.  It  may  be  that  he  owned  slaves  before  that  time.  It  is  not 
known  that  his  views  in  regard  to  slavery  had  undergone  a  change.  He  may 
have  always  believed  that  it  was  wrong.  Be  that  as  it  may,  he  became  impressed 
with  the  belief  that  his  ownership  of  the  slaves  imposed  upon  him  a  very  im- 
portant duty  to  them.  How  he,  among  so  many  others  thinking  and  acting 
otherwise,  reached  the  conclusion  he  did,  or  how  long  he  was  in  reaching  it,  we 
do  not  know ;  but  in  March,  1837,  he  presented  to  the  county  court  of  Lawrence 
county,  Alabama,  a  petition  for  the  emancipation  of  his  slaves.  The  decree  of 
emancipation  was  entered  by  the  Hon.  James  Gallagher,  the  judge  of  the  court, 
March  22,  1837. 

This  action  of  Mr.  Smith  was  so  averse  to  the  wishes  and  advice  of  his 
friends  and  perhaps  some  of  his  kinsmen,  that  it  became  evident  his  longer  resi- 
dence in  Alabama  would  be  agreeable  neither  to  them  nor  to  him.     This  spirit 
of  emancipation,  so  practically  manifested,  found  no  countenance  in  public  opin- 
ion, and  the  natural  fitness  hi  things  suggested  that  such  a  man  should  seek  a 
home  in  a  state  where  there  w^ere  no  slaves  and  hence  no  need  of  emancipation. 
To  a  man  who  was  willing  to  part  with  his  slaves  without  a  money  consideration, 
it  was  not  difficult  to  bestow^  freedom  upon  them ;  but  to  turn  and  face,  for  himself 
and  his  freedmen,  an   indignant  community,  was  quite  another  matter.     The 
gift  of  freedom  by  the  master  to  his  slaves  seemed  an  open  declaration  against 
slavery  itself  and  a  kind  of  necessary  condemnation  of  all  who  desired  or  were 
willing  to  stand  in  the  relation  of  master  to  slave.     How  very  natural  was  it, 
therefore,  for  Mr.  Smith  to  desire  to  exchange  his  Alabama  home  for  a  home  in 
Illinois.     But  he  found  prevalent  in  Illinois  a  public  opinion  not  wholly  different 
from  that  which  he  supposed  he  had  left  in  Alabama.     He  and  his  freed  slaves, 
whose  departure  from  Alabama  was  in  the  interest  of  peace,  w^ere  regarded  in 
Illinois  as  a  disturbing  element,  so  much  so,  that  he,  no  doubt,  questioned  with 
himself  as  to  whether  he  had  made  the  proper  choice  of  a  new  home.     To  him 
it  must  have  seemed  at  times  that  the  misfortune  of  slaverv  to  the  slave  was 
quite  offset  by  the  misfortune  of  emancipation  to  the  master.     But  the  emancipa- 
tion of  his  slaves  did  not  dissolve  all  of  the  bonds  existing  between  him  and 
them.     Some  remained,  and  these  it  seemed  to  enlarge  and  strengthen;    for 
from  the  day  of  their  emancipation  to  the  day  of  his  death,  they  and  their  children 
were  ever  objects  of  his  care  and  solicitation. 

This  portion  of  Mr.  Smith's  Hfe  w^as  to  him  an  age  of  persecution.  He 
would  not  have  said  so,  but  it  was  persecution  for  righteousness'  sake;  and  it 
is  for  this  reason  that  we  have  thought  it  proper  to  dwell  somewhat  upon  it 
in  this  short  sketch  of  his  life.     But  throughout  all  those  years  he  seems  never 


350  THE  BENCH  AND  BAR  OF  ILLINOIS. 

to  have  wavered ;  and  while  he  is  not  known  to  have  mentioned  it  to  any  one, 
he  must  have  rejoiced,  as  the  years  drew  on,  to  see  his  course  in  those  trying 
times  so  signally  vindicated.  He  lived  to  see  emancipation  made  general;  and 
no  doubt  when  it  came,  although  in  the  conflict  of  war,  he  remembered  more 
vividly  than  ever  before  the  circumstances  under  which  he  had  emancipated  his 
own  slaves. 

We  close  this  rather  lengthy  part  of  the  sketch  by  giving  one  of  the  two 
decrees  of  emancipation  entered  by  the  Alabama  court  on  Mr.  Smith's  petition, 
March  22,  1837. 

Alabama, 
e  Coutlly. 

Be  ii  remembered  that  at  a  special  term  of  the  county  court  begun  and  held  for  said 
tounty  at  the  court-liouse  in  the  town  of  Moulton,  on  Wednesday,  the  22d  day  of  March. 
1837.  Present,  Hon.  James  Gallagher,  On  petition  of  David  A.  Smith,  of  said  county, 
to  have  emancipated  his  following  slaves,  to-wit,  negroes:  Old  Isham  (full  description 
given  of  each),  young  Isham.  Anthony,  Henry.  Mary.  Kitty,  Eliza,  Thomas.  John. 
Sarah.  Monamid.  Matilda,  Nathan,  according  to  the  provisions  of  an  act  of  the  legislature 
o(  said  stale  of  Alabama,  entiiled  "'.An  act  lo  authorize  the  judges  of  the  county  courts 
to  emancipate  slaves."  and  it  appearing  to  the  satisfaction  of  the  court  that  said  David  .A. 
Smith  has  fully  complied  with  the  terms  and  requisitions  of  said  act,  and  tlial  each  of  said 
slaves,  as  were  capable,  from  age,  had  rendered  meritorious  services  to  their  said  master. 
it  is  ordered,  adjudged  and  decreed,  in  pursuance  of  said  act  of  the  legislature  and  the 
foregoing  fads,  that  the  said  slaves  and  the  future  increase  of  the  females  be  forever  freed, 
discharged  and  emancipated  from  the  claim  or  claims  of  the  said  David  A.  Smith,  his 
heirs,  executors,  admini?;iralors  and  assigns,  lo  the  involuntary  or  slavish  seriice  of  the 
said  slaves  and  their  future  increase  of  the  females;  and  that  said  David  A.  Smith  pay  the 
costs  of  this  proceeding.  JAMES  GALLAGHER.  Judge. 

LAWYERS  OF  MORGAN  COUNTY* 

Isaac  La  Fayette  Morrison,  for  more  than  forty  years  one  of  the  leaders 
of  the  bar  of  IHinois,  was  born  in  Barren  county,  Kentucky.  January  20,  1826. 
His  father,  John  O.  Morrison,  was  a  native  of  Virginia,  whither  his  father, 
Andrew  Morrison,  had  emigrated  from  the  north  of  Ireland.  Andrew  Morrison 
enlisted  in  the  Continental  army  during  the  Revolutionary  war  and  was  killed 
at  the  battle  of  Brandywine.  Maternally  Mr.  Morrison  is  a  descendant  of 
the  Welborn  family  of  North  Carolina.  His  maternal  grandfather.  Samuel  Wei- 
born,  was  also  a  Revolutionary  soldier  and  served  under  General  Nathaniel 
Greene  in  his  campaign  in  the  Carolinas.  Afterward  he  moved  to  what  is  now 
Monroe  county,  Kentucky,  in  which  state  John  O.  Morrison,  who  had  im- 
migrated thither  in  1793,  and  1 

John  O.  Morrison,  a  farmt 
therefore  a  great  amount  of  re 
the  latter.  He  attended  the  < 
after  his  father's  death  a  large 
upon  him,  and  for  several  year; 

♦The  following  sketches  are 


«     « 


THE  BENCH  AND  BAR  OF  ILLINOIS. 

study.  When  the  opportunity  offered  itself  he  entered  the  Masonic  Semii 
located  in  La  Grange,  Kentucky,  and  later  studied  law  in  the  office  of  Addison 
Gazelay,  and  was  admitted  to  the  bar  in  1849.  He  began  to  practice  his  { 
fession  in  La  Grange,  but  clients  being  few  and  he  being  an  opponent  of 
institution  of  slavery  and  its  advocates,  he  determined  to  locate  in  a  difier 
section,  where  the  opportunities  to  advance  were  better  and  where  slavery 
not  exist. 

In  185 1  he  settled  in  Jacksonville,  Illinois,  and  although  he  had  no  friei 
or  acquaintances  in  the  state  he  quickly  gained  an  enviable  reputation  as  a  law; 
of  ability  and  as  a  man  of  undoubted  integrity.  •  By  constant  application  a 
honesty  of  action  and  purpose  he  soon  earned  for  himself  a  prominent  positi 
in  the  front  ranks  of  his  profession,  and  his  career  at  the  bar  of  the  state  has  be 
a  long  continued  series  of  triumphs.     His  intellect  is  vigorous  and  acute,  1 
judgment  quick  and  comprehensive  and  his  argument  is  close  and  rig^d  in  log 
skillful  in  method,  agreeable  and  forcible  in  manner.     In  legal  learning,  in  wh 
may  be  called  the  erudition  of  his  profession,  he  has  no  superior  at  the  bar,  ai 
those  qualities  have  given  to  him  the  eminent  standing  so  readily  accorded 
him.     As  a  pleader  at  the  bar  he  endeavors  to  make  his  argument  so  as  to  pla 
the  facts  before  the  court  without  embellishment;    but  should  occasion  see 
to  require  force  he  can  bring  a  flood  of  eloquence  to  bear  upon  the  facts,  and 
some  cases  uses  refined  sarcasm  with  effect. 

He  has  not  always  practiced  his  profession  alone  but  at  various  times  h< 
had  partners.  At  the  time  of  the  Rebellion,  Herbert  G.  Whitlock,  then 
student,  left  his  office  to  enter  the  army.  After  his  return  from  the  war  he  wa 
admitted  by  Mr.  Morrison  into  a  partnership,  which  continued  for  twenty-tw 
years.  For  seven  years,  between  1861  and  1869,  Mr.  Morrison  was  associate 
with  Cyrus  Epler,  now  circuit  judge.  At  present  his  son-in-law,  Thomas  Worth 
ington,  is  his  business  partner. 

Mr.  Morrison  has  never  been  a  politician  in  the  sense  of  office-seeking.  Hi: 
love  of  freedom  and  opposition  to  slavery  naturally  placed  him  in  the  ranks  of  th< 
Whigs,  and  he  was  one  of  the  active  organizers  of  the  Republican  party.  H( 
was  a  delegate  to  the  first  Republican  state  convention  in  1856,  and  also  a  dele- 
gate to  the  Republican  state  convention  of  i860.  In  1864  he  was  a  delegate  to 
the  Republican  national  convention  at  Baltimore,  which  renominated  Lincoln 
for  the  presidency.  He  represented  his  district  in  the  Illinois  legislature  for 
three  terms  and  rendered  valuable  service  to  the  people.  In  the  session  of  1883 
the  Republicans  had  but  one  majority,  and  having  organized  the  house  were 
held  responsible  for  the  legislation.  One  of  their  number  was  taken  sick,  and, 
being  thus  without  the  means  of  controlling  the  house,  the  services  of  a  com- 
petent leader  were  badly  needed  and  Mr.  Morrison  naturally  took  command. 

His  ability  as  a  legislator  was  unquestioned,  and  his  knowledge  of  the  law 
and  parliamentary  usages  made  him  a  power  in  the  deliberations  and  acts  of  the 
hoAy.  As  chairman  of  the  judiciary  committee  he  assisted  in  molding  all  the 
important  measures  of  the  session.  The  so-called  Harper  high-license  bill  which 
was  introduced  by  Mr.  Harper  and  given  his  name,  was  conceived  and  drafted  by 


352  THE  BliXCH  AND  BAR  OF  ILLINOIS, 

Mr.  Morrison  and  Major  James  A.  Connolly,  then  United  States  attorney  for 
the  southern  district  of  Illinois.  The  law  has  been  beneficial  in  many  ways  and 
has  been  the  pattern  after  which  the  various  high-license  laws  of  the  several 
states  which  have  adopted  high  license  have  been  drawn.  Mr.  Morrison  led 
the  champions  of  high-license  in  the  house  and  carried  it  successfully.  The  op- 
position to  the  measure  was  great,  and  the  vote  was  not  entirely  upon  party 
lines.  The  final  victory  was  largely  due  to  the  management  of  Mr.  Morrison, 
and  the  ability  that  he  displayed  therein  commanded  the  respect  of  most  of  his 
fellow  .members  whether  of  his  own  party  or  of  the  opposition.  An  examina- 
tion of  the  full  history  of  the  proceedings  of  the  legislature  during  the  three 
months  which  were  occupied  by  its  deliberation  of  the  bill  would  disclose  Mr. 
Morrison's  name  mentioned  with  honor  on  each  page. 

In  1880  Mr.  Morrison  was  nominated  for  congress,  and  made  a  spirited 
canvass  of  his  district,  which  consisted  of  Christian,  Sangamon,  Menard,  Cass, 
Morgan  and  Scott  counties.  The  district  was  overwhelmingly  Democratic,  and 
he  did  not  expect  to  be  elected,  but  he  succeeded  in  materially  reducing  the  usual 
Democratic  majority.  For  the  past  ten  years  Mr.  Morrison  has  not  been  active 
in  political  matters,  but  has  aided  his  party  during  its  campaigns  by  public 
speaking  in  advocating  the  principles  of  the  RepubHcan  party.  He  was  a  dele- 
gate to  the  state  convention  in  1892  and  as  chairman  of  the  committee  on  reso- 
lutions reported  a  resolution  indorsing  President  Harrison  for  the  presidential 
nomination.  However,  he  has  devoted  himself  almost  exclusively  to  the  practice 
of  his  profession. 

He  was  general  counsel  for  the  Jacksonville  Southeastern  Railroad  line 
before  it  was  placed  in  charge  of  a  receiver,  and  is  still  counsel  for  some  of  the 
stockholders ;  was  also  vice-president  of  the  Chicago.  Peoria  &  St.  Louis  road. 

Mr.  Morrison  was  married  in  1853  to  Mrs.  x\nna  R.  Rapelje,  nee  Tucker,  a 
native  of  New  York  city.  They  have  two  children :  Miriam  A.,  the  daughter, 
is  the  wife  of  Thomas  Worthington,  who  is  a  partner  of  Mr.  Morrison  in  the 
law  firm  of  Morrison  &  Worthington.  The  son,  Alfred  Tucker  Morrison, 
resides  at  home. 

Mr.  Morrison  owes  his  success  entirely  to  his  own  efforts.  He  has  not 
feared  that  laborious  application  which  his  pr6fession  requires  of  all  its  successful 
members,  and,  combined  with  industrious  habits,  he  possesses  a  mind  which 
constant  application  has  stored  with  a  knowledge  of  the  law  and  its  adaptation. 
His  career  should  serve  as  an  inspiration  to  the  young  law  student,  and  should 
induce  him  to  exert  himself  to  his  fullest  capacity  and  endeavor  to  emulate  the 
example  furnished. 

Hon.  Richard  Yates,  the  war  governor  of  Illinois,  was  a  native  of  Ken- 
tucky, born  in  the  city  of  Warsaw,  on  the  18th  of  January,  1818, — the  year  of 
lUinois'  admission  to  the  Union.  When  thirteen  years  of  age  he  accompanied 
his  father's  family  on  their  removal  to  Springfield,  this  state,  and  in  Jacksonville, 
Illinois,  he  completed  his  literary  education,  being  graduated  in  Illinois  College, 
in  1838.  Determining  upon  the  practice  of  law  as  a  life  work,  he  began  reading 
the  legal  authorities  and  when  he  had  sufficiently  mastered  the  principles  of 


THE  BENCH  AND  BAR  OF  ILLINOIS,  353 

jurisprudence  was  admitted  to  the  bar.  He  then  opened  an  office  in  Spring- 
field and  won  distinction  as  one  of  the  leading  jurists  at  a  period  when  Illinois 
was  famed  for  the  brilliance  of  her  legal  fraternity.  He  also  became  a  prom- 
inent factor  in  politics,  and  from  1842  until  1849  was  a  member  of  the  legis- 
lature, while  in  1850  he  was  elected  to  congress,  being  the  youngest  member  of 
the  thirty-second  congress.  He  was  re-elected  in  1852,  and  in  i860  was  elected 
governor  of  Illinois,  and  again  in  1862.  He  had  been  an  outspoken  opponent  of 
slavery,  and  at  the  opening  of  the  civil  war  was  very  active  in  raising  volunteers. 
He  convened  the  legislature  in  extra  session  on  the  12th  of  April,  1861, — ^the 
day  after  the  attack  on  Fort  Sumter, — and  took  military  possession  of  Cairo, 
garrisoning  it  with  regular  troops.  In  Governor  Yates'  office  General  Ulysses 
S.  Grant  received  his  first  distinct  recognition  as  a  soldier  in  the  civil  war,  being 
appointed  by  him  mustering  officer  of  the  state,  and  afterward  colonel  of  the 
Twenty-first  Regiment  of  Illinois  Volunteers.  On  the  expiration  of  his  term  as 
governor  Mr.  Yates  was  elected  to  the  United  States  senate,  where  he  served 
from  1865  until  1871.  He  died  in  St.  Louis,  Missouri,  November  27,  1873,  his 
death  occurring  while  he  was  returning  from  a  visit  to  Arkansas,  where  he  had 
been  examining  a  railroad  as  United  States  commissioner.  He  exerted  a  wide 
influence  on  public  affairs  in  Illinois  during  the  middle  portion  of  the  century 
and  was  an  important  factor  in  securing  such  strong  support  from  Illinois  for 
the  Union  cause  and  the  administration  at  Washington. 

Felix  D.  McAvoy  is  one  of  the  enterprising  young  politicians  and  members 
oi  the  Jacksonville  bar.  He  is  a  native  of  Illinois,  his  birth  having  occurred  May 
10,  1859,  o"  t^i^  ^^^  family  homestead  in  Morgan  county.  During  his  boy- 
hood and  early  manhood  he  worked  as  an  agriculturist  and  was  of  great  assist- 
ance to  his  parents  in  the  management  of  the  farm  which  they  owned  and  oper- 
ated. Later  he  became  the  confidential  clerk  and  bookkeeper  of  the  well  known 
grain  merchant,  Edward  C.  Lax,  and  while  in  his  employ  learned  the  funda- 
mental principles  of  business.  He  was  faithful  to  the  interests  of  his  employer, 
and  even  then  gave  promise  of  the  successful  future  which  he  was  about  to  carve 
out  for  himself.  He  was  so  fortunate  as  to  acquire  an  excellent  education  as  a 
foundation  for  further  advancement,  and  in  1882  he  was  graduated  in  Saint 
Mary's  College,  in  Kansas.  • 

The  honored  parents  of  Felix  D.  McAvoy  are  both  living,  their  home  being 
in  Jacksonville,  where  they  are  passing  their  declining  years  in  peace  and  plenty, 
after  a  life-time  of  industrious,  successful  toil.  The  father,  Daniel  McAvoy,  now 
seventy-six  years  of  age,  was  born  in  Queens  county,  Ireland,  and  came  to  this 
country  in  1857,  settling  in  Jacksonville,  Illinois.  He  was  a  stone-mason  by 
trade,  and  during  the  first  years  of  his  residence  here  he  worked  on  a  number  of 
the  public  buildings  of  this  locality.  Later,  he  bought  a  farm,  about  six  miles 
south  of  the  city,  and  there  he  reared  his  family  to  become  good  and  useful  citi- 
zens. His  wife,  whose  maiden  name  was  Ann  Johnson,  is  now  in  her  sixty-ninth 
year,  and  she,  too,  is  a  native  of  county  Queens,  Ireland. 

Felix  D.  McAvoy  entered  upon  his  present  line  of  work  by  taking  up  the 
study  of  law  in  the  office  of  J.  W.  Springer  and  C.  H.  Dummer,  and  received  in- 

23 


354  THE  BENCH  AXD  BAR  OF  ILLINOIS, 

struction,  likewise,  from  J.  T.  Springer  and  William  P.  Calloh.  With  the  last 
mentioned  gentleman  he  has  been  associated  in  partnership  for  several  years, 
and  they  have  built  up  a  desirable  reputation  for  knowledge  and  skill  in  the  law. 
Mr.  McAvoy  was  admitted  to  the  bar  in  1888  and  has  g^ven  his  whole  time  and 
attention  to  his  professional  duties  since.  He  has  not,  however,  in  his  zeal 
for  personal  advancement,  neglected  his  duties  as  a  citizen  and  his  share  in  public 
matters.  In  1892  he  was  elected  state's  attorney  on  the  Democratic  ticket,  being 
an  earnest  ally  of  that  party,  and  served  efficiently  in  that  position  until  the  close 
of  his  term,  four  years  later.  He  was  also  assistant  United  States  marshal  under 
Herman  Webber,  and  is  now  United  States  commissioner,  having  superseded 
William  J.  Bryan  in  that  office. 

Judge  Edward  P.  Kirby  stands  prominent  among  the  members  of  the  Illi- 
nois bench  and  bar  and  is  an  honored  citizen  of  Jacksonville.  During  his  long 
residence  here  he  has  actively  aided  in  all  public  enterprises  and  improvements, 
championing  progressive  movements  of  all  kinds.  For  thirty-five  years  he  has 
been  engaged  in  the  practice  of  his  profession  in  this  city,  and  no  one  stands 
higher  in  the  estimation  of  the  legal  fraternity  of  central  Illinois.  A  native  of 
this  state,  he  was  born  sixty-five  years  ago,  October  28,  1833,  in  the  town  of 
Hadley.  His  parents,  Rev.  William  and  Hannah  (Wolcott)  Kirby,  were  both 
natives  of  Connecticut.  The  founder  of  the  Wolcott  family  in  America  settled  in 
New  England  in  1630,  while  the  progenitor  of  the  American  branch  of  the 
Kirbys  came  to  these  shores  scarcely  a  twelvemonth  later,  in  1631.  Members  of 
both  families  fought  in  the  Continental  army,  and  from  that  day  to  the  present 
patriotism  has  been  a  marked  characteristic  with  them  and  their  descendants. 

Judge  Kirby  received  an  excellent  education,  and  after  completing  his  com- 
mon-school studies  entered  Illinois  College,  at  which  well-known  institution  of 
learning  he  graduated  in  1854.  He  then  engaged  in  teaching  in  a  private  school 
in  St.  Louis  for  three  years,  after  which  he  held  the  position  of  assistant  prin- 
cipal in  the  West  Jacksonville  high  school  for  one  year.  Dr.  Newton  Bateman, 
the  principal,  then  being  elected  superintendent  of  public  instruction,  Mr.  Kirby 
became  his  successor  in  the  other  position,  and  as  such  he  served  for  four  years, 
giving  general  satisfaction. 

In  1863  the  Judge  took  up  the  study  of  law  hi  the  office  of  Morrison  &  Epler, 
of  Jacksonville,  and  in  February,  1864,  was  admitted  to  the  bar  of  Morgan 
county.  Since  that  date  he  has  been  actively  occupied  in  practice  here.  In  1882 
he  entered  into  partnership  with  Hon.  William  Brown  and  Robert  D.  Russell, 
and  this  connection  continued  in  existence  for  some  four  years.  In  1886  Mr. 
Russell  removed  to  Minneapolis,  where  he  was  shortly  afterward  elected  district 
judge.  For  several  years  the  firm  of  Brown  &  Kirby  transacted  legal  business, 
or  until  the  appointment  of  Mr.  Brown  to  the  place  of  general  solicitor  for  the 
Chicago  &  Alton  Railroad.  In  the  fall  of  1873  ^^e  subject  of  this  sketch  was 
elected  county  judge  of  Morgan  county,  and  upon  the  expiration  of  his  term  of 
service  was  re-elected.  Thus  he  held  the  office  continuously  from  1873  ^^  ^^' 
Politically,  he  has  always  given  his  support  to  the  Republican  party,  and  in  the 
autumn  of  1890  was  elected  to  the  lower  house  of  the  thirty-seventh  general  as- 


THE  BENCH  AND  BAR  OF  ILLINOIS.  355 

sembly  of  Illinois.  For  about  fifteen  years  he  served  as  secretary  and  treasurer 
of  the  Hospital  for  the  Insane,  and  was  trustee  of  that  institution  for  twelve 
years,  retiring  from  the  office  in  1893.  Since  1865  he  has  been  a  trustee  of 
Illinois  College. 

In  October,  1862,  occurred  the  marriage  of  Judge  Kirby  and  Miss  Julia  S. 
Duncan,  who  died  July  5,  1896.  Miss  Duncan  was  the  youngest  daughter  of 
ex-Governor  Joseph  Duncan,  who  was  the  fifth  occupant  of  the  gubernatorial 
chair  in  Illinois.  In  .1898  the  Judge  married  Miss  Lucinda  Gallaher,  youngest 
daughter  of  Rev.  William  G.  Gallaher,  one  of  the  pioneer  Presbyterian  ministers 
of  central  Illinois. 

Hon.  Edward  McConnel  has  for  many  years  been  before, the  public  in  vari- 
ous capacities  of  distinction  and  honor.  He  is  an  old  citizen  of  Jacksonville,  his 
birth  having  occurred  here  July  19,  1840,  and,  with  the  exception  of  a  few  years, 
his  entire  life  has  been  spent  in  this  place.  He  has  been  intimately  associated 
with  the  development  and  progress  of  this  thriving  little  city  and  has  done  all 
within  his  power  to  promote  its  prosperity.  In  1894  he  was  elected  to  the  lower 
house  of  the  thirty-ninth  general  assembly  of  Illinois,  and  in  1896  was  further 
honored  by  being  elected  to  the  senate  from  his  senatorial  district. — his  term  to 
expire  in  1900. 

The  Senator  is  a  son  of  Murray  and  Mary  (Mapes)  McConnel, natives  of  New 
York  and  New  Jersey  respectively.  The  father  fought  in  the  Black  Hawk  war  in 
this  state,  and  was  one  of  the  sturdy  old  pioneers  who  paved  the  way  for  on- 
coming civilization  and  placed  this  section  on  a  sure  basis  of  law  and  good  gov- 
ernment. Edward  McConnel  learned  the  elementary  branches  in  the  public 
schools  of  his  home  community,  completing  his  education  in  Illinois  College, 
where  he  was  graduated  in  June,  1859.  The  following  autumn  he  began  the 
study  of  law,  in  the  office  of  his  brother,  John  L. 

When  the  Civil  war  broke  out  Mr.  McConnel  enlisted  in  Company  B,  Tenth 
Illinois  Volunteer  Infantry,  on  the  three-months  call,  and  was  mustered  into  the 
army  in  Cairo,  Illinois.  In  August,  1861,  he  was  appointed  first  lieutenant  of  the 
Sixteenth  United  States  Infantry  and  served  until  March,  1866,  when  he  resigned 
and  returned  home.  His  regiment  was  at  the  front  most  of  the  time  and  saw 
active  service  in  the  operations  in  Kentucky,  Tennessee,  Georgia  and  Mississippi, 
being-  attached  to  the  Fourteenth  Army  Corps.  Lieutenant  McConnel's  service 
was  marked  for  bravery  and  gallantry  of  action,  and  he  was  frequently  publicly 
commended  for  his  strict  and  unwavering  attention  to  the  duties  devolving  upon 
him  in  some  of  the  most  arduous  campaigns  of  the  great  civil  conflict. 

Coming  home  from  the  battle-fields  of  the  south,  Mr.  McConnel  was  en- 
gaged in  the  manufacture  of  woolen  goods  for  several  years,  and  met  with  success 
in  his  business  venture.  In  1875  he  resumed  the  law  studies  which  the  war  had 
interrupted  fifteen  years  before.  He  was  admitted  to  the  bar  in  1879,  since  which 
time  he  has  been  actively  occupied  in  practice.  For  fourteen  years  he  was 
master  in  chancery,  from  1883  to  1897.  The  marriage  of  Mr.  McConnel  and 
Mrs.  Julia  F.  Garetson  took  place  in  St.  Louis,  Missouri,  December  7,  1874. 

Cyrus  Epler,  for  twenty-four  years  circuit  judge  of  Morgan  county,  Illinois, 


3S6  THE  BENCH  AND  BAR  OF  ILLINOIS. 

was  born  in  Clark  county,  Indiana,  and  is  of  German  and  Scotch-Welsh  descent. 
He  removed  with  his  parents  from  Indiana  to  Morgan  county,  Illinois,  in  1831, 
and  was  reared  upon  a  farm  until  nineteen  years  of  age.  He  then  entered  the 
preparatory  department  of  Illinois  College,  of  Jacksonville,  and  later  pursued  his 
education  in  the  college,  where  he  was  graduated  with  the  class  of  1847. 

On  leaving  that  institution  he  took  up  the  study  of  law  in  the  office  of 
Brown  &  Yates,  the  members  of  that  firm  being  Judge  William  Brown  and 
Hon.  Richard  Yates,  afterward  governor  of  Illinois.  For  a  year  he  continued 
his  reading  of  the  text-books  which  furnished  a  fundamental  knowledge  of  the 
science  of  law,  and  then,  on  account  of  failing  health,  joined  the  California 
argonauts  and  went  to  the  Pacific  slope.  After  two  years*  absence  he  returned 
to  his  legal  studies  and  was  admitted  to  the  bar  in  the  year  1852.  He  immedi- 
ately entered  upon  the  practice  of  law  and  the  same  year  was  elected  circuit 
attorney  for  the  first  judicial  circuit,  which  office  he  held  for  four  years.  In 
1856  he  was  elected  to  the  state  legislature  as  the  representative  of  the  district 
composed  of  Morgan  and  Scott  counties,  and  in  1859  ^^^  re-elected  to  the  same 
office.  He  was  master  in  chancery  for  six  years,  continuing  in  that  position  until 
1873.  Up  to  that  time  Judge  Epler  had  continuously  practiced  law  in  the  state 
and  federal  courts,  but  in  1873  ^^'^^  elected  circuit  judge  of  the  eighteenth  judicial 
circuit,  embracing  the  county  of  Morgan.  In  the  year  1879  he  was  elected  judge 
of  the  seventh  circuit,  embracing  Morgan  county;  and  in  1885  and  again  in  1891 
was  re-elected.  In  1897  he  declined  to  offer  himself  for  re-election,  having 
served  on  the  bench  for  twenty-four  consecutive  years.  During  all  this  long 
period,  he  brought  to  the  performance  of  his  most  difficult  and  dehcate  duties 
a  large  experience  and  much  legal  learning,  an  earnest  desire  to  decide  correctly 
and  fairly,  coupled  with  the  most  laborious  and  painstaking  care.  He  impressed 
all  the  people  with  his  sincerity  and  singleness  of  purpose.  No  one  questioned 
his  integrity. 

With  such  a  record.  Judge  Epler  may  well  feel  entitled  to  the  plaudit,  **Well 
done,  thou  good  and  faithful  servant."  During  all  that  period  of  nearly  a  quarter 
of  a  century  he  never  missed  regularly  holding  every  term  of  court  assigned  to 
him.  He  faltered  at  the  performance  of  no  duty ;  his  course  awakened  the  con- 
fidence and  respect  of  the  bar  and  the  public.  Now,  as  he  moves  down  the 
western  slope  of  Hfe,  where  the  shadows  begin  to  lengthen,  he  may  justly  feel  a 
sense  of  satisfaction  in  the  thought  that  in  his  long  life,  honorably  spent,  he  has 
left  no  duty  unperformed. 

Charles  A.  Barnes,  judge  of  the  county  court  of  Morgan  county,  and  for 
twenty  years  a  member  of  the  bar  of  Jacksonville,  was  born  in  Alton,  Illinois, 
July  4,  1855.  His  father,  William  Barnes,  D.  D.,  was  born  in  New  England, 
and  was  of  Scotch  descent.  He  was  graduated  in  Yale  College  and  has  devoted 
his  life  to  the  Presbyterian  ministry.  He  married  Eunice  Hale  Hubbard,  a 
descendant  of  Nathan  Hale,  the  noted  American  patriot,  who  made  his  way 
within  the  British  lines  at  the  time  of  the  American  Revolution  and  was  captured 
and  hung  as  a  spy.     Mrs.  Barnes  was  also  born  in  New  England,  and  her  peopk 


<^       Cy^.f^.^, 


^  ^: 


'-/^-u^ 


THE  BENCH  AND  BAR  OF  ILLINOIS.  357 

were  of  English  descent.     From  Alton  Dr.  Barnes  and  his  wife  removed  to 
Jacksonville  in  i860  and  have  since  made  their  home  in  that  city. 

Judge  Barnes  was  only  five  years  of  age  when  he  accompanied  his  parents 
on  their  removal  to  Jacksonville.  He  attended  the  public  schools,  was  graduated 
in  the  high  school  and  then  entered  the  Illinois  College,  completing  the  classical 
course  in  that  institution  by  his  graduation  in  June,  1876.  Determining  to 
make  the  practice  of  law  his  life  work  he  continued  his  education  in  the  law  de- 
partment of  the  University  of  Michigan,  at  Ann  Arbor,  where  he  was  graduated 
in  1878.  Returning  to  Jacksonville  he  opened  an  office  and  has  since  engaged 
in  practice.  It  has  been  his  chief  object  in  life  to  become  a  good  lawyer  and 
he  now  enjoys  a  wide  and  enviable  reputation  as  a  trial  lawyer,  being  especially 
successful  in  the  conduct  of  criminal  cases,  owing  to  his  close  examination  of 
witnesses,  his  logical  deductions  and  the  clearness  and  force  with  which  he  pre- 
sents his  cause  to  judge  and  jury.  In  1897  he  was  elected  county,  judge  of  Mor- 
gan county  to  fill  a  vacancy  and  is  now  upon  the  bench. 

For  eight  years  the  Judge  was  a  member  of  the  Illinois  National  Guard, 
serving  as  a  private  of  the  Morgan  Cadets,  Company  I,  of  the  Fifth  Regiment. 
In  politics  he  has  always  been  a  stalwart  Democrat,  and  is  an  active  supporter 
of  the  men  and  measures  of  the  party,  his  eloquent,  entertaining  and  logical  ad- 
dresses during  campaigns  winning  many  converts  to  the  party  and  strengthening 
those  of  doubtful  faith.  On  the  Democratic  ticket  he  was  elected  city  attorney 
of  Jacksonville  in  1882  for  a  two-years  term,  and  in  1884  was  elected  county 
attorney,  which  position  he  filled  for  eight  consecutive  years,  discharging  his 
duties  with  promptness  and  impartiality.  By  Governor  Altgeld  he  was  ap- 
pointed president  of  the  board  of  trustees  of  the  Illinois  Institution  for  the  Edu- 
cation of  the  Blind,  and  served  in  that  position  from  1893  until  1897.  His  public 
service  has  always  won  the  pubHc  commendation,  for  he  has  the  general  welfare 
at  heart  and  is  most  conscientious  and  able  in  the  performance  of  the  duties  de- 
volving upon  him. 

On  the  19th  of  February,  1889,  Judge  Barnes  married  Miss  Madge  G.  Mar- 
tin, of  St.  Louis,  Missouri,  and  they  have  one  daughter.  Socially  he  is  connected 
with  the  Masonic,  Odd  Fellows  and  Knights  of  Pythias  fraternities.  He  was 
grand  chancellor  of  the  Knights  of  Pythias  of  the  state  of  Illinois  for  the  year 
1892-3,  and  is  now  one  of  the  supreme  representatives  from  Illinois  to  the 
supreme  lodge.  In  his  religious  belief  he  is  a  Presbyterian  and  belongs  to  the 
State  Street  church  of  that  denomination. 

Harry  M.  Ticknor. — It  is  always  a  pleasurable  task  for  the  chronicler  to 
trace  the  history  of  a  young,  ambitious  man, — one  who  in  his  early  prime  has  not 
yet  lost  the  enthusiasm  and  high  ideals  of  youth  and  whose  plans  for  the  future 
are  broad  and  far-reaching.  The  worthy  member  of  the  Jacksonville  bar  whose 
name  appears  above  is  such  an  one.  Standing  at  the  threshold  of  a  most  prom- 
ising- career,  and  thoroughly  devoted  to  his  profession,  he  is  not  selfish  and  one- 
sided in  his  aims,  but  is  deeply  interested  in  whatever  afifects  the  general  public 
and  his  country.  The  cause  of  education,  of  improvement,  in  his  home  com- 
munity and  the  state  at  large,  of  everything,  in  short,  which  makes  for  higher  and 


358  THE  BENCH  AND  BAR  OF  ILLINOIS. 

better  forms  of  civilization  and  individual  and  public  life,  are  each  and  all  mat- 
ters of  moment  and  grave  consideration  to  him. 

Harry  M.  Ticknor  comes  from  a  highly  esteemed  eastern  family,  his  ances- 
tors having  held  many  places  of  honor  and  prominence  in  the  annals  of  the 


^  ^: 


^^^^^ 


36o  THE  BENCH  AND  BAR  OF  ILLINOIS. 

tried  with  success  a  few  notable  criminal  cases,  among  them  the  Williams  ior- 
gery  case.  His  siiccessfitl  speech  to  the  jury  on  behalf  of  the  defendant  in  this 
case,  occupying  two  days  in  delivery,  at  the  end  of  a  trial  of  great  public  interest, 
which  lasted  six  weeks,  placed  him  in  the  proud  rank  of  eminent  jury  advocate. 
His  oratory  is  convincing  and  his  zeal  and  earnestness  never  fail  to  impress  his 
auditors.  Care  and  precision  mark  the  preparation  of  his  cases,  and  his  essen- 
tially clear-headedness  enables  him  to  grasp  at  once  the  salient  points  in  a 
case  and  to  present  them  with  unusual  conciseness  and  directness. 

Previous  to  the  annexation  of  the  town  of  Lake,  which  at  that  time  con- 
tained one  hundred  tliousand  inhabitants.  Mr.  Thornton  was  elected  to  the 
office  of  corporation  counsel,  and  most  efficiently  served  in  that  capacity.  In 
1897  he  was  appointed  by  Mayor  Harrison  corporation  counsel  of  Chicago,  and 
is  therefore  the  present  incumbent.  In  i88y  he  was  elected  president  of  the 
board  of  education  of  Auburn  Park,  which  is  his  place  of  residence.  The  pride 
of  the  American  citizen  in  American  institutions  culminates  in  the  public  schools, 
and,  considering  the  zeal  and  energy  expended  in  developing  them  and  the 
momentous  influence  they  have  upon  the  manhood  of  the  country,  this  is  justi- 
fiable. Mr.  Thornton  was  elected  a  member  of  the  Cook  county  board  of  edu- 
cation and  subsequently  was  elected  a  member  of  the  board  of  education  of  Chi- 
cago. In  January,  1885,  an  appointment,  made  by  the  governor  of  the  state 
and  confirmed  by  the  senate  of  Illinois,  gave  him  a  membership  on  the  state 
board  of  education.  He  has  been  a  prominent  and  very  useful  factor  in  educa- 
tional circles,  and  is  the  originator  of  a  number  of  reformatory  measures  now 
enforced  in  the  public  schools.  His  observations,  gleaned  from  investigation  of 
the  Cook  County  Normal  School,  were  published  and  attained  considerable 
prominence.  He  inaugurated  the  College  Preparatory  School  of  this  city,  and 
likewise  the  system  of  truant  schools.  In  1895  he  framed  the  teacher's  pension 
bill,  and  through  his  influence  it  became  a  law.  The  educational  interests  of  the 
city  are  certainly  largely  indebted  to  Mr,  Thornton,  and  his  work  has  been  of 
the  greatest  benefit.  Of  scholarly  attainments  and  literary  tastes,  he  has  given 
much  of  his  time  to  study,  and  few  men  are  better  informed  on  matters  of  gen- 
eral interest.  His  political  support  has  ever  been  strongly  given  the  Democratic 
party,  but  in  the  public  offices  he  has  filled,  so  faithfully  has  he  discharged  his 
duties  that  he  has  received  the  commendation  of  many  of  the  leaders  of  tHe 
opposition. 

Jlr.  Thornton  was  married  in  1883  to  Miss  Jessie  F.  Benton,  of  Chicago, 
and  they  now  have  three  daughters:  Mabel  J.,  Pearl  Esther  and  Hattie  May. 
In  fraternity  and  society  circles  Mr.  Thornton  has  a  wide  acquaintance.  He  i> 
a  man  of  pleasing  personality,  genial  manner  and  true  courtesy,  and  his  mani 
admirable  qualities  of  mind  and  heart  have  endeared  him  greatly  to  his  many 
friends.  Though  he  is  most  widely  known  in  professional  and  educational  cir- 
cles, his  honor  in  all  life's  relations  has  won  him  the  respect  and  regard  of  hi:^ 
fellow  men, 

Thomas  Drummond  was  born  October  16.  1809,  in  Bristol.  Maine,  At  this 
place  James  Drummond.  father  of  Judge  Drummond.  was  bom  and  spent  his 


THE  BENCH  AND  BAR  OF  ILLINOIS.  361 

entire  life.  He  was  a  sailor,  as  well  as  a  farmer,  and  the  earlv  life  of  his  son  was 
spent  amid  surroundings  that  eminently  fitted  him  for  the  admiralty  practice  in 
which  he  gained  such  marked  distinction.  James  Drummond  was  a  man  of 
superior  intelligence,  and  for  several  years  was  the  representative  of  his  town 
and  county  in  the  state  legislature.  He  married  a  daughter  of  Henry  Little,  of 
New  Castle,  Maine.    Thomas  was  the  eldest  of  their  four  children. 

After  mastering  the  preliminary  branches,  Thomas  Drummond  entered  Bow- 
doin  College,  where  he  was  graduated  in  1830.  Immediately  after  his  graduation 
he  began  the  study  of  law  and  was  admitted  to  practice  at  the  Philadelphia  bar 
in  March,  1833.  Mr.  Drummond  soon  gained  recognition  at  that  bar  and  entered 
upon  a  quite  promising  practice,  which  he  handled  with  so  much  ability  that  his 
older  colleagues  predicted  for  him  a  brilliant  future.  In  May,  1835,  ^^  deter- 
mined to  remove  to  Illinois,  and  soon  established  himself  at  Galena,  where  he 
gained  a  wide  repute  for  the  solidity  of  his  attainments.  During  the  fifteen  years 
that  he  remained  at  that  bar  he  was  engaged  in  a  large  number  of  the  most  im- 
portant cases  tried  in  northern  Illinois.  He  represented  the  Galena  district  in 
the  Illinois  legislature  in  1840-41,  and  never  thereafter  occupied  a  political 
office. 

Mr.  Drummond  was  appointed  judge  of  the  United  States  district  court  of 
Illinois,  in  February,  1850,  and  held  his  first  term  of  court  in  Springfield  in  June 
and  in  Chicago  in  July  of  the  same  year.  When  he  was  first  called  to  the  bench 
the  labors  of  his  position  were  considered  arduous,  but  the  rapid  development  of 
Chicago's  marine  interests,  the  large  increase  in  patent  litigation  and  the  gen- 
eral extension  of  the  commercial  and  material  resources  of  the  state  caused  an 
immense  increase  in  the  business  of  his  court.  Besides  presiding  in  the  district 
court,  he  sat  as  circuit  judge  in  the  transaction  of  nearly  all  the  business  of  that 
court  during  the  first  ten  years  of  his  occupancy  of  the  district  bench,  and  in  con- 
sequence his  duties  were  onerous  in  the  extreme. 

Judge  Drummond  removed  to  Chicago  in  1854.  In  1855  the  southern  dis- 
trict of  Illinois  was  organized,  leaving  the  northern  district  as  the  original  district, 
with  Judge  Drummond  as  the  presiding  judge,  and  over  which  he  presided  for 
fourteen  years.  December  22,  1869,  President  Grant  appointed  him  judge  of  the 
circuit  court  of  the  United  States  for  the  seventh  judicial  district,  comprising 
the  states  of  Illinois,  Wisconsin  and  Indiana.  As  circuit  judge,  he  held  court 
in  three  different  places  in  Indiana,  four  in  Wisconsin  and  two  in  Illinois,  but 
the  greater  portion  of  his  time  was  spent  in  Chicago,  where  the  most  important 
litigation  of  the  northwest  is  concentrated. 

The  long  and  honorable  judicial  career  of  Judge  Drummond  was  closed  in 
1884  by  his  voluntary  retirement  from  the  bench  at  the  age  of  seventy-five.  On 
his  farm  near  Wheaton,  a  short  distance  from  Chicago,  he  found  needed  relaxa- 
tion, but  his  old  associations  drew  him  to  his  office  in  the  federal  building  in 
Chicago  almost  daily. 

No  word  of  criticism  or  comment  unfavorable  to  Judge  Drummond  was 
efxpressed  during  his  long  incumbency  of  the  bench.  He  was  too  great  a  man 
and  a  jurist  to  depend  for  advancement  on  personal  or  partisan  favor.    Even  amid 


362  THE  BENCH  AND  BAR  OF  ILLINOIS. 

the  tumults  of  the  rebellion  period  he  never  permitted  any  political  consideration 
to  influence  him.  In  early  life  a  Whig,  he  was  on  the  bench  when  the  Repub- 
lican party  came  into  existence,  and,  though  he  upheld  its  principles  to  the  end 
of  his  life,  his  political  conviction  was  never  made  apparent  in  his  conduct  as  a 
judge.  He  held  the  most  exalted  conception  of  the  judicial  office,  and  his  con- 
stant aim  was  to  dispense  justice  with  the  most  religious  regard  to  the  rights  of 
every  interest  involved.  When  he  laid  off  the  judicial  robe,  unspotted  after  wear- 
ing it  more  than  a  generation,  it  added  luster  to  the  high  office  to  which  it  be- 
longed, and  his  name  took  its  place  in  the  legal  history  of  the  west  as  that  of 
one  of  its  best  and  greatest  characters. 

Though  interested  in  letters,  art  and  science.  Judge  Drummond  did  not 
cultivate  them  with  any  ambition  to  shine  through  their  mastery,  but  only  so  far 
as  they  might  be  helpful  in  elucidating  or  simplifying  the  philosophy  or  the 
application  of  the  law.  Perhaps  a  year  before  his  death  his  infirmities  compelled 
him  to  relinquish  even  the  semblance  of  work.  Although  well  advanced  in  his 
eighty-first  year,  he  retained  his  faculties  unclouded  to  his  last  hour,  and  his 
death  occurred  at  his  home  at  Wheaton,  May  15,  1890.  He  was  buried  from 
St.  James  church,  Chicago,  four  days  later,  and  thousands  of  people  came  in  all 
sincerity  to  pay  their  last  tribute  of  respect  to  the  honored  dead.  In  religion 
Judge  Drummond  was  an  Episcopalian.  He  married,  in  1839,  Delia  A.  Sheldon, 
of  Willow  Springs,  Wisconsin.    They  had  two  sons  and  five  daughters. 

Arthur  Henry  Chetlain  was  born  in  Galena,  Illinois,  in  1849,  ^"^  ^^  ^^' 
scended  from  a  notable  ancestry.     His  father,  General  Augustus  L.  Chetlain, 
is  a  Huguenot,  of  French-Swiss  extraction,  his  parents  having  emigrated  to 
America  from  the  canton  of  Neufchatel,  Switzerland,  in  1821.     They  came  by 
way  of   Hudson   bav   to   the   Red   river  of  the   Selkirk   settlement  of   British 
America,  thence  to  St.  Louis,  Missouri,  in  1823,  and  in  1826  to  the  then  cele- 
brated lead  mines  at  Galena,  where  the  old  homestead  was  founded.     In  that 
locality  General  Chetlain  was  reared  and  became  the  first  commander  of  the 
regiment  raised  by  General  Grant.     He  participated  in  all  the  battles  of  his 
division  in  the  war  of  the  Rebellion,  and  when  hostihties  had  ceased  was  bre- 
vetted  major-general  of  volunteers.     During  President  Grant's  administration 
he  was  appointed  United   States  consul  to   Brussels,  Belgium.     He   was  the 
founder  and  first  president  of  the  Chicago  Home  National  Bank,  and  has  been 
a  prominent  figure  in  business  and  military  circles  for  years. 

Reared  in  his  native  city,  Judge  Chetlain  acquired  his  preliminary  educa- 
tion in  its  public  schools  and  then  entered  the  University  of  Wisconsin,  where. 
on  the  completion  of  a  two-years  course,  he  was  graduated  with  the  degree  of 
Bachelor  of  Arts.  In  Brussels,  Belgium,  he  completed  the  full  course  in  natural 
science  in  the  '*Universite  Libre"  and  won  the  degree  of  Bachelor  of  Science. 
After  his  graduation  at  that  institution  he  served  as  a  bearer  of  dispatches  be- 
tween the  American  legation  of  Paris,  France,  and  the  United  States  authori- 
ties in  London,  England,  during  the  Franco-Prussian  war. 

Returning  to  his  native  land  in  February,  1871,  Judge  Chetlain  took  up  the 
study  of  law  in  the  office  of  William  Lathrop,  of  Rockford,  Illinois,  and  on 


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THE  BENCH  AND  BAR  OF  ILLINOfS.  363 

passing  an  examination  before  the  supreme  court  of  the  state,  June  20,  1873, 
was  admitted  to  the  bar.  Not  content,  however,  with  this  preparatory  training, 
he  returned  to  his  parents'  home  in  Chicago  and  continued  his  studies  in  the 
law  office  of  Edward  A.  Small.  In  July,  1874,  he  formed  a  partnership  with 
Stephen  S.  Gregory,  which  continued  for  five  years,  when  it  was  consolidated 
with  the  firm  of  Tenney  &  Flower,  this  relationship  being  maintained  until  1881, 
when  Judge  Chetlain  was  forced  to  withdraw  on  account  of  ill  health.  He  then 
spent  a  year  and  a  half  in  travel  through  the  western  states  and  Mexico  for  rest 
and  recuperation,  and  in  1883  resumed  practice  in  Chicago.  His  practice  has 
covered  a  wide  range,  and  in  it  he  has  traversed  the  entire  domain  of  the  law. 
While  a  member  of  the  firm  of  Tenney  &  Flower  he  acquired  a  wide  familiarity 
with  commercial  and  contract  law,  and  also  with  the  law  of  private  corporations. 
After  his  return  to  Chicago  he  was  in  general  practice  until  the  spring  of  1891, 
when  he  was  appointed  by  Mayor  Washburne  first  assistant  corporation  counsel. 
In  that  capacity  he  was  called  upon  to  assume  active  charge  of  a  vast  amount  of 
litigation  of  the  most  important  character.  He  represented  the  city  in  much 
complicated  litigation  connected  with  the  lake  front  in  suits  brought  by  the 
railroads  to  enjoin  the  opening  of  public  streets  across  their  tracks,  and  in  many 
other  cases  involving  the  city's  rights  of  property  and  the  exercise  of  its  powers 
of  police.  In  these  cases  constitutional  questions  of  great  importance  and  diffi- 
culty were  involved ;  he  dealt  with  them  exhaustively  and  ably  and  was  generally 
successful. 

Judge  Chetlain  speaks  and  reads  French  and  has  been  counsel  in  Chicago 
for  the  French,  Belgian  and  Turkish  consulates.  As  a  lawyer  he  has  always 
been  diligent,  thorough  and  intelligent.  In  the  preparation  of  his  cases  no  mere 
superficial  view  contents  him ;  he  is  not  satisfied  until  he  feels  he  has  carefully 
considered  every  phase  of  the  questions  presented  and  given  them  the  most 
thorough  and  conscientious  examination  of  which  he  is  capable.  He  does  not 
jump  at  conclusions,  but  maintains  those  he  has  reached  with  vigor  and  tenacity. 

Of  studious  habits  and  with  the  instincts  and  training  of  a  scholar,  he 
regards  the  law  as  a  noble  and  reasonable  science  in  which  results  are  to  be 
attained  by  logical  and  intellectual  processes  of  reasoning.  He  does  not  ignore 
cases,  but  studies  them  patiently  in  the  effort  to  grasp  their  underlying  principles 
and  then  to  make  intelligent  application  of  those  principles  to  new  questions.  He 
does  not,  in  dull  and  slavish  effort  to  follow  the  letter  of  the  law,  miss  its  entire 
spirit  and  purpose, — that  which  alone  makes  it  a  living  beneficent  force  in  human 
society. 

Of  singularly  fair  and  impartial  mind,  always  coufteous  and  considerate  in 
his  treatment  of  others,  it  was  natural  that  he  should  be  considered  for  the 
bench.  In  1892  he  was  nominated  by  the  Republican  party  for  judge  of  the 
superior  court,  but  went  down  to  defeat  with  his  ticket  before  the  great  tidal  wave 
of  Democratic  success  which  rolled  over  the  country  that  year.  In  1893  he  was 
again  nominated  for  the  same  position  and  in  November  of  that  year  was  elected 
to  fill  out  the  unexpired  term  of  Judge  George  H.  Kettelle,  who  died  during  that 


364  THE  BENCH  AND  BAR  OF  ILLINOIS. 

summer.    Judge  Chetlain  was  re-elected  to  the  bench  of  the  superior  court  of 
Cook  county  in  November,  1898. 

He  has  been  a  painstaking,  diligent  and  conscientious  judge  and  has  earned 
and  commands  the  confidence,  respect  and  regard  of  the  bar  and  the  esteem  of 
the  community.  His  fairness,  justness  and  universal  courtesy  and  urbanity  are 
recognized  and  appreciated  by  all  who  practice  before  him.  An  incident  in  a 
local  cause  celebre  which  occurred  early  in  his  judicial  career  show^s  that  he  is 
not  wanting  in  that  sterner  stuff  which  judicial  duty  sometimes  requires. 
Prendergast,  who  killed  Mayor  Carter  H.  Harrison  in  October,  1893,  had  been 
tried  for  his  crime,  had  interposed  insanity  as  a  defense,  had  been  convicted  and 
sentenced  to  death.  The  supreme  court  had  denied  him  a  supersedeas.  The 
afternoon  of  the  day  before  that  set  for  his  execution,  his  counsel,  having  applied 
to  various  other  judges  to  hear  such  an  application,  finally  appeared  before 
Judge  Chetlain,  then  sitting  in  the  criminal  court,  for  a  trial  as  to  the  prisoner's 
sanity  upon  affidavit  that  he  had  become  insane  since  sentence ;  and  in  order  to 
give  time  for  such  trial  moved  for  a  judicial  reprieve  or  postponement  of  the 
execution.  The  state's  attorney  appeared,  conceded  in  open  court  that  the 
prisoner  was  entitled  to  a  trial  by  jury  under  the  statute,  but  insisted  that  it 
proceed  at  once.  After  some  discussion  the  court  took  a  recess  until  eight 
o'clock  that  evening.  On  coming  in  at  that  hour  he  held  that  notwithstanding 
this  admission  of  the  state  he  was  not  satisfied  that  a  prima  facie  case  had  been 
made  under  the  statute,  but  w^ould  hear  evidence  as  to  whether  the  affidavit  was 
true.  Three  disinterested  witnesses  were  accordingly  sworn  whose  testimony 
tended  to  sustain  the  allegations  of  the  affidavit  which  had  been  sworn  to  by  the 
prisoner's  brother,  and  the  court  then  held  the  prisoner  was  entitled  to  a  trial 
on  the  issue  thus  raised.  The  state  denied  the  powder  of  the  court  to  postpone  the 
execution.  In  the  midst  of  the  discussion  the  news  came  that  the  executive  had 
refused  a  reprieve.  The  argument  proceeded  until  nearly  midnight.  The  court- 
room was  crowded  to  suffocation  and  a  great  concourse  gathered  in  the  street, 
attracted  by  the  strange  battle  for  a  human  life  that  hung  by  so  slight  a  thread. 
The  proposition  was  plain ;  the  prisoner  was  entitled  to  a  trial,  the  power  of 
the  court  to  postpone  the  execution  for  the  purposes  of  such  a  trial  was  plenary 
and  was  demonstrated  by  the  argument.  But  judges  are  but  men;  and  the 
entire  community  seemed  to  demand  the  immediate  execution  of  this  wretched 
man.  Most  judges  would  have  gone  with  the  tide;  not  so  Judge  Chetlain. 
Considering  the  questions  presented  calmly  as  if  seeking  the  solution  of  an  in- 
tellectual problem  he  saw  clearly  that  the  prisoner  was,  as  indeed  the  state 
conceded,  entitled  to  this  trial;  that  it  could  not  be  conducted  decently  in  the 
few  hours  intervening  before  the  time  set  for  the  execution,  and  that  his  power 
to  postpone  the  execution  was  undoubted.  He  dared  to  do  his  duty;  and,  just 
before  the  day  set  for  the  execution  began,  in  such  an  atmosphere  of  sup- 
pressed excitement  as  rarely  exists  in  a  court-room,  even  in  a  capital  case,  he 
entered  an  order  for  such  a  trial  and  postponed  the  execution  for  two  weeks. 
This  was  a  thing  unprecedented  in  this  state  and  almost  unheard  of  in  modem 
criminal  jurisprudence.     It  was   severely  criticised  by  the  press  and  the  un- 


THE  BENCH  AND  BAR  OF  ILLINOIS.  3 

thinking  generally;  but  it  has  passed  into  precedent  and  is  now  recognized 
admissible  and  proper  procedure  in  this  county  and  elsewhere  in  this  state  ai 
has  been  followed  in  several  instances. 

In  the  Dreyer  case  Judge  Chetlain  refused  to  hold  that  public  moneys 
the  hands  of  a  treasurer  became  absolutely  his  if  he  paid  or  agreed  to  pay  \\ 
terest  thereon  under  the  statute,  and  accordingly  refused  the  motion  to  quai 
the  indictments  in  that  case.  Since  this  ruling  Dreyer  has  been  tried,  convictc 
and  sentenced  before  another  judge,  who  followed  the  law  as  laid  down  by  Judg 
Chetlain. 

Judge  Chetlain  is  not  connected  with  any  church,  though  he  is  a  ma 
not  only  of  high  principle  but  of  much   genuine  religious   feeling.     He   ha 
always  been  a  Republican,  active  and  influential  in  the  councils  of  his  part} 
president  of  the  Marquette  Club,  and  February  12,  1896,  at  the  great  dinne 
given  by  that  organization  to  William  McKinley,  prior  to  his  nomination  for  tht 
presidency,  Judge  Chetlain  was  the  member  of  the  club  chosen  to  represen 
it  among  the  speakers  of  the  evening.     He  is  not  a  partisan  on  the  bench,  anc 
his  political  sentiments  never  color  his  judicial  conduct.     He  is  married,  has 
an  interesting  family  of  five  children,  and  resides  in  the  north  division  of  the 
city  of  Chicago,  of  which  he  has  been  a  resident  for  twenty-five  years. 

Hiram  T.  Gilbert,  of  Chicago,  is  a  native  of  Illinois,  his  birth  having  oc- 
curred in  Troy  Grove,  La  Salle  county,  on  the  9th  of  May,  1850.  His  parents 
were  Dr.  Alson  I.  and  Mary  C.  Gilbert.  He  was  graduated  in  the  high  school 
in  Ottawa,  Illinois,  with  the  class  of  1869,  and  immediately  afterward  entered 
Cornell  University,  where  he  studied  for  two  years.  In  1871  he  w^ent  abroad, 
and  from  August  of  that  year  until  December,  1873,  was  a  student  in  the  Uni- 
versity of  Leipsic,  Germany.  While  in  that  institution  he  devoted  his  ener- 
gies to  the  mastery  of  the  principles  of  jurisprudence,  and  after  his  return  to  his 
native  land  continued  his  law  studies  in  Ottawa,  Illinois,  until  September,  1875, 
when  he  was  admitted  to  the  bar. 

Immediately  afterward  Mr.  Gilbert  opened  a  law  office  in  Ottawa,  where 
he  remained  in  active  practice  until  May,  1888,  when  he  came  to  Chicago,  and 
as  a  member  of  the  firm  of  Gilbert  &  Fell  is  now  at  the  head  of  a  good  business. 
He  is  now  engaged  in  general  practice  and  has  a  representative  clientage. 

In  1877  Mr.  Gilbert  married  Miss  Georgiana  Leland,  of  Ottawa,  IlHnois. 
He  is  a  member  of  several  social  organizations,  including  the  Iroquois,  Chicago 
and  Hyde  Park  Clubs  and  the  Athletic  Association. 

Jesse  Cox,  of  the  Chicago  bar,  was  born  in  Burlington,  New  Jersey,  on 
the  29th  of  October,  1843.  The  following  year  his  parents  moved  to  Phila- 
delphia, where  he  was  educated  in  private  schools  and  under  the  instruction 
of  a  private  tutor,  receiving  a  thorough  classical  training.  As  he  approached 
his  majority,  his  tastes  turned  toward  the  law  as  a  life  work,  and  he  began 
preparation  for  that  profession  in  Philadelphia,  in  January,  1862,  in  the  office 
of  George  M.  Wharton,  one  of  the  old-time  lawyers  of  the  Pennsylvania  metrop- 
olis. Mr.  Cox  also  attended  a  course  of  law  lectures  in  the  University  of  Penn- 
sylvania, and  was  admitted  to  the  bar  in  December,   1865.     For  seven  years 


366  THE  BENCH  AND  BAR  OF  ILLINOIS. 

thereafter  he  engaged  in  practice  in  Philadelphia,  and  on  the  ist  of  Januar)-, 
1873,  came  to  Chicago. 

For  a  quarter  of  a  century  he  has  been  connected  with  the  bar  of  this 
city  and  has  won  distinguished  honors  and  a  most  gratifying  success.  For 
twenty-one  years  he  has  occupied  a  suite  of  rooms  in  the  Staats  Zeitung  Build- 
ing and  from  that  point  has  conducted  an  extensive  and  important  law  business, 
which  for  the  most  part  has  been  of  a  general  nature ;  but  for  some  nine  years, 
from  1878  until  1887,  he  made  a  specialty  of  patent-law  practice.  He  has 
always  been  a  close  and  earnest  student  of  law  principles,  and  his  knowledge 
of  the  science  of  jurisprudence  is  comprehensive  and  accurate.  His  devotion 
to  his  clients'  interests  is  proverbial,  yet  he  never  forgets  that  he  owes  a  higher 
allegiance  to  the  majesty  of  the  law  and  will  not  stoop  to  any  unworthy  means 
to  gain  his  cause.  Close  study  and  diligent  research,  however,  enable  him  to 
fortify  his  position  with  many  facts  and  points  in  law  unfamiliar  to  the  majority 
of  practitioners,  and  therefore  he  seldom  loses  in  any  litigation. 

One  of  the  most  important  cases  with  which  Mr.  Cox  has  been  connected 
is  that  of  the  People  ex  rel.  Hugh  Maher  versus  Erastus  Williams.  The  de- 
fendant. Judge  Williams,  had  been  on  the  bench  for  many  years  and  was  a 
very  able  and  learned  jurist.  A  case  had  been  tried  before  him  in  which  the 
parties  were  Hugh  Maher,  a  large  land-owner  and  board-of-trade  man,  and 
Charles  B.  Farwell,  a  prominent  dry-goods. merchant  and  member  of  the  firm 
of  John  V.  Farwell  &  Company,  of  Chicago.  Maher  alleged  that  an  eighty- 
acre  tract  of  valuable  land  near  Riverside  in  Cook  county  was  conveyed  by  him 
to  Farwell  to  secure  the  payment  of  money  lost  by  him  to  Farwell  in  gambling. 
Farwell  alleged  that  the  land  had  been  conveyed  to  him  in  part  payment  of  an 
election  bet  made  between  Maher  and  Farwell  on  the  election  of  Lincoln.  After 
the  trial  of  the  case,  in  which  Maher  was  defeated,  Judge  Williams  refused  to 
sign  a  certificate  of  the  evidence  to  the  supreme  court  so  that  Maher  could  take 
an  appeal  from  his  decision.  The  Judge  alleged  various  reasons  for  his  re- 
fusal. Maher  then  filed  a  petition  in  the  supreme  court  for  a  writ  of  mandamus 
to  compel  Judge  Williams  to  sign  the  certificate  of  evidence,  and  the  w^rit 
prayed  for  was  granted.  This  case  attracted  widespread  attention  at  the  time, 
owing  to  the  prominence  of  the  parties  and  the  nature  of  the  case.  This  was 
the  second  time  in  the  history  of  the  state  that  a  judge  had  been  ordered  by 
the  supreme  court  to  sign  such  a  document,  and  in  the  other  case  the  judge 
resigned  rather  than  obey  the  order  of  the  supreme  court.  Reported  in  91st 
Illinois,  page  87. 

Mr.  Cox  was  married  in  October,  1869,  to  Miss  Annie  Malcom,  of  Phila- 
delphia, a  daughter  of  Rev.  Howard  Malcom,  who  was  for  many  years  a  prom- 
inent minister  of  the  Baptist  church,  and  was  at  one  time  president  of  the 
Georgetown  (Kentucky)  College,  and  later  of  the  University  of  Lewisburg, 
Pennsylvania. 

Judge  Abner  Smith. — Is  there  anything  in  life  so  comprehensive,  so  com- 
plex, so  intricate,  so  beautiful  in  its  theory,  so  protective  in  its  power  as  the 
law?     It  is  the  foundation  upon  which  all  society  and  its  manifold  interests 


THE  BENCH  AND  BAR  OF  ILLINOIS.  367 

rest.  It  is  th«j  growth  not  of  years  or  centuries,  but  of  ages.  At  the  creation 
there  seems  to  have  been  implanted  in  the  breast  of  man  a  certain  love  of  jus- 
tice,— an  idea  extremely  crude  in  the  beginning,  but  gradually  developing  and 
expanding  as  the  years  have  passed,  until  the  grosser  ideas  have  been  elim- 
inated and  it  gains  more  of  the  perfection  and  purity  of  the  ideal.  Justice  at 
first  seemed  to  embody  force, — the  survival  of  the  strongest, — power  was  its 
chief  element  and  right  depended  upon  might.  Gradually,  as  civilization  has 
transformed  the  world  and  nature's  plans  and  purposes  have  been  more  fully 
comprehended  by  man,  it  has  been  found  that  provision  has  been  made  for  the 
protection  of  the  weak  against  the  strong,  and  that  life  is  carefully  guarded. 
The  same  immutable  laws  that  apply  to  plant  and  animal  life  hold  in  regard  to 
the  highest  order  of  creation, — man;  and  as  people  have  awakened  to  a  com- 
prehension of  this  fact,  laws  in  its  bearing  on  the  rights,  privileges  and  pro- 
tection of  the  individual,  has  undergone  a  change  that  has  wrought  a  safe- 
guard against  the  incursion  of  wrong,  oppression,  abuse,  injustice  and  all  the 
evils  that  would  crush  the  powers  and  liberty  of  an  individual ;  and  at  the  same 
time  it  has  tempered  justice  with  mercy,  so  that  the  hope  of  reform  may  follow 
the  expiation  of  the  transgression. 

Again,  as  progress  has  multiplied  demand,  and  demand  has  given  rise  to  a 
multiplicity  of  interests  in  all  the  lines  of  individual  and  united  effort,  the  occa- 
sion has  compelled  the  formation  of  new  laws  applicable  to  these  various  in- 
terests,— each  law  plain,  simple  and  arbitrary  in  itself,  yet  the  whole  forming  an 
intricate  and  complicated  system  of  jurisprudence  that  demands  on  the  part 
of  those  who  would  gain  distinction  and  success  at  the  bar  strong  mentality, 
sound  judgment,  keen  discrimination,  acute  analytical  power  and  the  ability 
to  present  a  clear  and  forcible  arrangement  of  fact,  added  to  an  accurate  and 
extensive  knowledge  of  law.  But  when  the  lawyer  would  essay  to  administer 
that  justice  which  is  the  inherent  prerogative  of  every  individual,  he  must  add 
to  his  qualities  as  a  lawyer  a  self-control  that  will  enable  him  to  lose  his  in- 
dividuality, his  personal  feelings,  his  prejudices  and  his  peculiarities  of  disposi- 
tion in  the  dignity,  impartiality  and  equity  of  the  office  to  which  life,  property, 
right  and  liberty  must  look  for  protection. 

We  are  led  to  this  train  of  reflection  in  contemplating  the  life  and  work  of 
Judge  Smith.  On  a  bench  which  is  by  no  means  without  distinction,  he  is  a 
leading  and  commanding  figure,  and  the  high  place  he  has  won  for  himself  in 
the  estimation  of  the  people  is  fully  deserved.  He  has  a  fine  address  and  is  a 
concise  and  forcible  speaker,  and  his  career  has  been  as  brilliant  as  successful. 
He  is  now  serving  his  second  term  on  the  circuit  bench,  re-elected  on  a  non- 
partisan ticket,  which  took  into  account  no  political  affiliations,  but  regarded 
only  the  ability,  honesty  and  fitness  of  the  nominees.  A  distinguished  member 
of  the  legal  profession,  he  demonstrated  in  his  first  term  his  peculiar  aptitude 
for  the  important  duties  of  the  office,  and  gained  distinctive  honors  in  the  high 
encomiums  which  were  passed  upon  him  by  the  profession,  the  press  and  the 
public. 

A  native  of  the  old  Bay  state,  Abner  Smith  was  born  in  Orange,  on  the 


368  THE  BENCH  AND  BAR  OP  ILLINOIS. 

4th  of  August,  1843,  his  parents  being  Humphrey  and  Sophronia  (Ward)  Smith, 
the  former  a  native  of  Warwick,  Massachusetts,  and  the  latter  of  Orange,  that 
state.  In  colonial  days  the  Smith  family  was  implanted  on  American  soil  and 
the  Ward  family  is  no  less  distinguished  for  its  early  connection  with  the  events 
which  form  the  annals  of  our  country  in  the  beginning.  Authentic  records  show 
that  the  A\'ard  family  has  furnished  many  brilliant  representatives  of  those 
callings  which  demand  superior  mental  attainments,  and  the  name  has  long  had 
an  honorable  connection  with  the  bench  and  bar,  the  pulpit,  the  law-making 
bodies  of  the  country  and  with  science  and  letters.  .\s  early  as  1639  William 
Ward,  emigrating  from  England,  took  up  his  residence  in  Sudbury,  Massa- 
chusetts, and  an  eastern  chronicler  in  speaking  of  his  descendants  says:  "The 
collateral  branchL'S  of  the  different  generations  which  have  passed  away  and  the 
many  which  still  live  have  been  and  are  uniformly  substantial  and  upright 
people,  whose  careers  are  intensely  interesting  to  the  student  of  to-day,  since 
their  fame  lives  in  history  and  their  deeds  are  chronicled  in  story.  The  numer- 
ous family  lines  of  subsequent  offspring  have  spread  over  the  length  and  breadth 
of  the  country,  and  have  been  an  honor  and  a  credit  to  so  excellent  a  family." 

Thus  from  an  honorable  ancestry  Judge  Smith  is  descended.  About  i860 
his  parents  removed  from  his  native  town  to  Middlebtiry,  Vermont,  in  order  to 
provide  their  children  with  better  educational  privileges,  and  in  the  pubhc  schools 
of  that  place  their  son  Abner  pursued  his  studies  until  he  had  gained  a  proficiency 
that  enabled  him  to  pass  the  examinations  necessary  for  entrance  into  the  college 
of  Middlebury.  in  which  institution  he  was  graduated  with  honors,  in  the  year 
i8f)').  He  made  the  best  use  of  his  time,  and  it  is  worth  while  to  be  wise  in  the 
use  of  time,  for  it  is  with  time  that  we  purchase  everything  that  life  has  of  good. 
He  was  a  close  and  earnest  student,  and  a  marked  element  of  his  student  life 
was  his  investigation  concerning  the  cause  of  all  things. — a  characteristic  which 
has  been  a  strong  force  in  his  professional  career.  A  view  over  the  field  of 
business  life  determined  him  to  prepare  for  the  bar,  and  with  this  purpose  ever 
before  him  he  took  u]»  the  practical  daily  duties.  As  a  step  toward  the  goal 
which  he  determined  to  ultimately  gain,  he  taught  school,  and  for  five  years 
had  charge  of  the  Xewton  Academy,  at  Shoreham,  \'ermont,  his  ability  in  the 
position  being  indicated  by  his  long  continued  service. 

Since  1867  Judge  Smith  has  been  identified  with  the  interests  of  Chicago. 
joining  his  parents,  who  had  located  here  in  1862.  Now  came  to  him  the  de- 
sired opportunity  of  preparing  for  the  bar,  and  he  hastened  to  take  advantage 
of  the  same  by  licconiing  a  student  in  the  law  office  of  James  L.  Stark,  one  of 
the  native  sons  of  Vermont  and  a  descendant  of  the  renowned  Colonel  Stark, 
who  went  to  the  aid  of  our  subject's  ancestor.  Major  General  Ward,  at  the  out- 
break of  the  war  of  the  Revolution.  He  soon  mastered  the  fundamental  prin- 
ciples of  law  and  advanced  rapidly  in  his  understanding  of  the  more  intricate 
passages  of  jurisprudence  until,  in  1868,  the  supreme  court  of  the  state  declared 
his  fitness  for  a  place  in  the  ranks  of  the  legal  practitioners  of  Illinois,  and  he 
became  associated  with  the  bar  of  Chicago,  with  which  he  has  since  been  con- 
nected.    He   entered   into  partnership   with   his   former   preceptor,   under   the 


^y. 


THE  BENCH  AND  BAR  OF  ILLINOIS,  369 

firm  name  of  Stark  &  Smith,  and  thus  practiced  until  the  death  of  Mr.  Stark, 
in  1873,  when  he  settled  up  his  partner's  estate  and  succeeded  to  the  legal 
business  of  the  firm.     He  was  then  alone  until  1887,  when  he  formed  a  pro- 
fessional alliance  with  John  M.  H.  Burgett,  the  firm  of  Smith  &  Burgett  holding 
distinctive  priority  among  the  legal  associations  of  the  city  for  a  full  decade. 
After  the  expiration  of  this  time  Judge  Smith  for  the  most  part  conducted  an 
individual  practice  until  his  election  to  the  bench, — the  notable  success  which 
his  is,  and  the  high  honors  which  have  been  conferred,  standing  in  the  most 
patent  evidence  of  his  ability  and  of  his  sterling  integrity.     He  is  especially 
fitted  for  the  law,  for  he  is  pre-epiinently  just  by  nature,  and  this  led  him  to 
refuse  in  his  practice  to  undertake  the  trial  of  many  a  cause  whose  justice  he  had 
reason  to  doubt.     In  his  practice  he  had  little  of  the  wearisome  experience  of 
the  novitiate,  for  success  came  to  him  soon.     Tlie  legal  business  of  several  cor- 
porations has  been  entrusted  to  his  care.     He  was  for  some  time  attorney  for  the 
National  Life  Insurance  Company,  of  Vermont,  and  the  Life  Indemnity  &  In- 
vestment Company,  of  Iowa,  now  the  Iowa  Life  Insurance  Company,  being  at 
present  a  member  of  the  directorate  of  the  latter.     He  w^as  at  one  time  a  director 
of  the  North  Star  Construction  Company,  which  built  the  Duluth  &  Winnipeg 
Railroad  and  which  is  still  operating  that  line.     He  has  accumulated  a  hand- 
some fortune,  has  quite  extensive   real-estate   interests  and   is  identified  with 
various  important  corporations  as  a  stockholder,  in  which  connection  it  may 
be  noted  that  he  is  treasurer  of  the  Anderson  &  Freeman  Ice  Company.     How- 
ever,  the  greater  part   of  his  time  and  attention   has  been   given   to  his   law 
business.     He  has  been  connected  with  much  of  the  important  litigation  in  the 
courts  during  his  connection  with  the  Chicago  bar,  and  many  clients  have  had 
their  business  interests  in  his  hands  for  years, — in  matters  of  trusts,  unsettled 
estates,   guardianship,   etc., — thus   showing   how^   implicit   confidence   is   placed 
in  his  ability  and  fidelity. 

It  is  not  strange  that  a  man  of  such  absolute  fearlessness  and  honesty  as 
Judge  Smith  should  be  called  to  judicial  office,  and  thus  it  was  that  in  the  fall  of 
1893  he  was  elected  to  the  circuit  bench.     He  had  always  given  free  expression 
to  his  advocacy  of  the  principles  of  the  Republican  party,  but  up  to  that  time 
had   steadily  refused  to  become  a  candidate  for  office.     Yielding  then  to  the 
importunities  of  the  party  leaders  and  his  many  admirers,  he  allowed  his  name 
to  be  placed  on  the  ticket,  and  was  triumphantly  elected,  receiving  a  majority 
second  to  only  one  other.     For  almost  four  years  he  sat  upon  the  bench,  dis- 
charg^ing  his  duties  with  a  dignity  and  impartiality  that  won  him  the  high  ap- 
proval  of  the  profession  and  the  pubHc.     Then  came  another  election, — one 
unique  in  the  history  of  the  city.     Men  of  broad  mind  and  liberal  thought  came 
to  the  front,  announcing  their  determination  to  support  a  non-partisan  ticket. 
Politics   has  naught  to  do  with  the  administration  of  justice,  and  those  who 
would   make  the  election  one  of  party  interest  were  not  worthy  the  right  of 
franchise, — so  reasoned  those  leaders  who  advocated  the  non-partisan  ticket. 
At  the  time  there  was  one  supreme-court  judge,  one  judge  of  the  superior  court 
and   fourteen  circuit  judges  to  be  elected.     Of  the  circuit  judges  eight  were 

24 


370  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Republicans  and  six  were  Democrats,  and  all  were  men  tried  and  true  in  the 
office, — men  whose  merit,  ability  and  trustworthiness  had  been  shown  by  years 
of  faithful  service.     The   Republican   central   committee  placed  the  names  of 
these  men,  Abner  Smith,  O.  H.  Horton,  Elbridge  Hanecy,  Edmund  W.  Burke, 
A.  N.  Waterman,  C.  G.  Neely,  R.  S.  Tuthill,  John  Gibbons  (Republicans),  Fran- 
cis Adams,  Frank  Baker,  M.  F.  Tuley,  E.  F.  Dunne,  R.  W.  Clifford  and  Thomas 
Windes  (Democrats),  on  their  ticket,  together  with  those  of  Judge  Theodore 
Brentano,  of  the  superior  court,  and  Judge  B.  D.  Magruder,  of  the  supreme 
court,  for  the  respective  offices  in  which  they  were  the  incumbents.     This  con- 
servative and  rational  course  at  once  won  the  endorsement  of  the  majority  of 
members  of  the  bar.    Ex-Judge  S.  P.  McConnell,  well  known  as  one  of  the  most 
stalwart  Democrats  of  the  city,  endorsed  and  worked  for  the  ticket  and  was  made 
chairman  of  the  nonpartisan  committee.     It  was  decided  that  the  candidates 
should  take  no  active  part  in  the  campaign  work,  lest  they,  as  adherents  of  one 
or  the  other  of  the  old  parties,  should  seem  to  labor  for  party  ends.    Other  tickets 
were  placed  in  the  field  until  there  were  eight.     The  two  wings  of  the  Democracy 
each  had  one,  and  the  Republican  League,  wishing  to  make  the  contest  a  party 
measure,  made  up  a  ticket  of  Republicans,  but  when  the  question  of  which  list 
of  candidates  should  be  placed  on  the  official  ballot  as  the  ticket  of  the  Repub- 
lican party  came  up,  the  county  board  of  review,  in  an  oral  opinion  given  by 
Judge  Carter,  decided  that  the  ^'Republican  nonpartisan''  ticket,  as  formulated 
by  the  central  committee,  was  the  real  representative  of  the  party.     A  similar  de- 
cision was  rendered  in  regard  to  one  of  the  Democratic  tickets,  and  in  an  edi- 
torial the  Chicago  Tribune  wrote :     "Happily,  as  election  day  approaches,  the 
entire  drift  is  toward  the  popular  endorsement  of  the  wise  and  conservative  course 
of  the  Republican  managers."     The  nonpartisan  ticket  received  the  support  of 
almost  the  entire  press  in  the  circuit,  and  the  result  of  the  election  is  now  a  matter 
of  history.     The  men  who  had  administered  justice  capably,  honestly  and  fear- 
lessly were  continued  in  office,  elected  by  a  very  large  majority.     It  was  a 
compliment  to  personal  worth,  without  regard  to  party  affiliations,  and  the  ju- 
diciary of  the  circuit  court  to-day  is  one  of  which  any  state  in  the  Union  might 
well  be  proud. 

Thus  Judge  Smith  was  a  second  time  triumphantly  chosen  to  wear  the 
ermine,  and  on  the  bench  has  won  a  reputation  that  has  added  new  laurels  to  his 
successes  before  the  bar.  A  contemporary  writer  said  of  him :  "As  a  judge  his 
acts  are  strong  and  full  of  breadth,  accuracy  and  force.  In  sound  judgment, 
in  patient  industry,  in  clear  conception  of  the  spirit  and  scope  of  jurisprudence, 
and  intuitive  perception  of  right.  Judge  Smith  ranks  high  in  the  estimate  of 
bench,  bar  and  public.  Since  jurisprudence  is  the  foundation  of  the  common- 
wealth and  indispensable  to  its  growth,  purity  and  advance,  it  is  well  that  such 
judges  represent  and  interpret  it." 

Turning  from  the  public  to  the  private  life  of  Judge  Smith,  we  find  that  he 
laid  the  foundation  for  a  happy  home  by  his  marriage,  October,  5,  1859,- to  Miss 
Ada  C.  Smith,  a  daughter  of  Sereno  Smith,  of  Shoreham,  Vermont.  They  be- 
came the  parents  of  one  child,  Ferris  S.,  who  died  in  June,  1875.     Their  home 


THE  BENCH  AND  BAR  OF  ILLINOIS.  371 

has  long  been  the  center  of  a  cultured  society  circle,  and  their  pleasant  residence, 
at  No.  15  Aldine  Square,  where  they  have  lived  for  twenty-two  years,  is  a 
favorite  resort  with  their  large  circle  of  friends.  They  are  thoroughly  ac- 
quainted with  all  that  is  best  in  general  literature,  and  for  the  higher  forms  of  art 
have  a  keen  appreciation.  The  Judge  is  a  valued  member  of  various  social  or- 
ganizations, being  thus  connected  with  the  Union  League,  the  Carlton  Club  and 
the  Douglas  Club,  having  been  one  of  the  organizers  of  the  last  named.  His 
manner  is  ever  kindly  and  courteous  and  his  friendship  is  greatly  to  be  prized. 
No  personal  successes  have  ever  effaced  from  his  memory  the  friends  of  his 
earlier  years.  He  has  risen  with  rapid  stride  to  an  eminent  station,  but  his 
hands  have  ever  been  down-stretched  to  help  those  who  would  follow.  His 
life  has  been  truly  one  of  usefulness  and  honor,  and  an  honest  man  is  the 
noblest  work  of  God. 

C.  Porter  Johnson  is  a  native  son  of  Illinois,  having  been  born  in  State  Line, 
on  the  15th  of  August,  1866,  the  son  of  Joseph  Simpson  Johnson  and  Matilda 
(Kemper)  Johnson,  the  former  a  native  of  Kentucky  and  the  latter  of  Virginia. 
Our  subject  was  reared  to  the  sturdy  discipline  of  the  farm,  remaining  on  the 
parental  homestead  until  about  eighteen  years  of  age,  and  in  the  meanwhile 
availing  himself  of  the  educational  advantages  afforded  by  the  common  schools. 
Later  he  supplemented  this  discipline  by  attending  Lee's  Academy,  at  Loxa, 
Illinois,  where  he  remained  for  two  years,  after  which,  in  1885,  he  went  to  Terre 
Haute,  Indiana,  for  the  purpose  of  preparing  himself  for  the  practice  of  that  pro- 
fession which  he  had  determined  to  make  his  vocation  of  life.     There  he  entered 
vigorously  upon  the  study  of  law ;  and  that  his  capacity  and  predilection  were  not 
mistaken  is  shown  in  the  fact  that  he  secured  admission  to  the  bar  of  Indiana 
within  the  following  year. 

Mr.  Johnson's  ambition  was  one  of  courage  and  action  and  he  had  firmly  de- 
termined to  occupy  no  middle  ground  in  directing  his  efforts  to  the  goal  of 
the  greatest  possible  measure  of  success.  Accordingly,  in  1887  the  young  bar- 
rister came  to  Chicago  for  the  purpose  of  engaging  in  practice  here,  taking  thus 
an  initiative  from  which  the  average  young  man  would  have  flinched  or  have 
deemed  presumptuous.  He  secured  admission  to  the  Illinois  bar  within  the  same 
year,  and  by  industry  and  consecutive  application  was  soon  enabled  to  build  up 
a  satisfactory  practice,  which  has  steadily  increased  until  he  is  now  a  busy  man, 
retaining-  a  clientage  of  representative  order.  He  confines  his  practice  prin- 
cipally to  civil  cases,  in  which  he  has  a  large  range. 

Mr.  Johnson  soon  impressed  his  individuality  and  his  ability  upon  the  minds 
of  the  public,  as  is  shown  in  the  distinguished  recognition  accorded  him  in 
November,  1892,  when  he  was  elected  to  the  state  senate,  from  the  second  sen- 
atorial district  of  Illinois.  There  is  additional  significance  attaching  to  this 
preferment,  from  the  fact  that  he  was  the  first  Democrat  elected  to  that  body 
from  the  second  district — thus  strikingly  attesting  his  popularity  among  his 
fellow  citizens  of  all  classes.  In  the  summer  of  1898  he  received  the  nomination, 
of  his  party  for  congress,  but  was  defeated  at  the  polls  in  November. 

His  social  relations  are  indicated  by  his  membership  in  fraternal  societies  and 


372  THE  BENCH  AND  BAR  OF  ILLINOIS, 

clubs  composed  of  men  of  the  highest  character.  His  name  is  inscribed  on  the 
roll  of  the  Iroquois,  the  Waubansee,  the  Harvard  and  the  Whitechapel  Clubs. 
He  is  prominently  identified  with  the  Masonic  order,  being  connected  with  all 
bodies  of  the  same  from  the  blue  lodge  to  the  Oriental  Consistory  of  the  Ancient 
and  Accepted  Scottish  Rite,  having  thus  far  advanced  to  the  thirty-second  degree. 
As  a  Knight  Templar  he  is  identified  with  the  Chevalier  Bayard  Commandery, 
and  he  is  a  Noble  of  Medinah  Temple  of  the  Mystic  Shrine.  Mr.  Johnson  also 
holds  membership  in  the  Independent  Order  of  Odd  Fellow^s,  the  Knights  of 
Pythias,  the  Royal  Arcanum,  the  Independent  Order  of  Foresters  and  the 
Benevolent  and  Protective  Order  of  Elks. 

In  his  religious  views  Mr.  Johnson  is  an  adherent  of  the  Baptist  church, 
and  with  his  family  finds  a  church  home  in  the  Baptist  church  in  Englewood, 
being  also  a  liberal  contributor  to  its  collateral  charities  and  benevolent  enter- 
prises, as  he  is  to  every  worthy  object  in  which  his  sympathies  or  aid  are  enlisted. 
He  is  democratic  in  the  best  sense  of  the  term,  is  easilv  accessible  to  all  classes, 
believing  that  personal  worth,  not  adventitious  circumstances,  makes  the  man. 
In  his  law  practice  he  has  gained  an  excellent  reputation  as  an  industrious, 
painstaking  and  capable  attorney,  systematic  in  his  work  and  conscientious  in 
serving  his  clients. 

On  the  2 1  St  of  August,  1889,  was  consummated  the  marriage  of  our  subject 
to  Miss  Derelle  West,  of  Georgetown,  Illinois. 

Clarence  A.  Knight. — Illinois  has  always  been  distinguished  for  the  high 
rank  of  her  bench  and  bar.  Perhaps  none  of  the  newer  states  can  justly  boast  oi 
abler  jurists  or  attorneys,  and  Chicago — the  city  marvelous — claims  her  propor- 
tionate share  of  those  who  have  attained  eminence  in  this  most  exacting  of  all 
the  professions.  In  Mr.  Knight  we  find  united  many  of  the  rare  qualities  which 
go  to  make  up  the  successful  lawyer.  He  has  in  a  high  degree  that  rare  ability  of 
saying  in  a  convincing  way  the  right  thing  at  the  right  time.  His  mind  is 
analytical,  logical  and  inductive.  With  a  thorough  and  comprehensive  knowl- 
edge of  the  fundamental  principles  of  law,  he  combines  a  familiarity  with 
statutory  law  and  a  sober,  clear  judgment  which  makes  him  a  formidable  ad- 
versary. He  ranks  to-day  among  the  most  brilliant  and  successful  members  of 
the  Chicago  bar  and  his  law  practice  has  become  one  of  the  most  extensive  in  the 
city. 

Mr.  Knight  is  a  native  of  McHenry  county,  Illinois,  born  October  25,  1853. 
His  preliminary  education,  acquired  in  the  common  schools,  was  supplemented 
by  a  course  in  the  Normal  School  of  Cook  county,  where  he  was  fitted  for 
teaching,  a  profession  which  he  followed  for  several  terms.  In  April,  1872,  he 
came  to  Chicago,  where  he  took  up  the  study  of  law,  and  in  1874  he  was  admitted 
to  the  bar  before  the  supreme  court  of  Illinois,  at  Ottawa.  Throughout  his 
professional  career  he  has  been  a  resident  of  Chicago,  and  in  this  city  with  its 
many  able  jurists  he  has  won  an  honorable  position,  steadily  advancing  by  merit 
and  commendable  effort  to  a  place  in  the  front  ranks  of  the  representatives  of  the 
law.  In  1879  h^  ^'^'^s  appointed  assistant  city  attorney  by  Hon.  Julius  S.  Grin- 
nell,  and  five  years  later,  upon  Mr.  Grinneirs  election  as  state's  attorney,  Mayor 


THE  BENCH  AND  BAR  OF  ILLINOIS. 

Harrison  appointed  Mr.  Knight  city  attorney.  He  was  afterward  mad 
ant  corporation  counsel  under  Mayor  Roche.  During  the  ten  years  of 
nection  with  the  city  law  department  a  vast  amount  of  important  busines 
One  of  the  many  measures  of  great  moment  to  the  people  was  that  ai 
Hyde  Park  to  Chicago.  The  original  act  was  declared  unconstitutional 
supreme  court.  Mr.  Knight  prepared  an  act  to  cover  the  case,  and  it  was 
by  the  legislature  in  1889.  Under  the  provisions  of  this  law,  in  June  of  th 
Hyde  Park,  Lake  View,  JeflFerson,  the  town  of  Lake  and  portions  of  Cicei 
annexed  to  Chicago. 

In  July,  1889,  after  ten  years'  continuous  practice  in  the  law  departr 

the  city,  he  resigned  to  engage  in  private  practice  and  entered  into  parti 

with  Paul  Brown,  under  the  firm  style  of  Knight  &  Brown.     In  1893  Mr.  ] 

was  appointed  general  counsel  for  the  Lake  Street  Elevated  Railroad  Cor 

In  April,  1898,  he  was  appointed  general  counsel  for  the  Union  Elevatec 

road  Company,   Northwestern   Elevated   Railroad  and  all   the  surface  e 

street  railways  connecting  with  the  North  and  West  Chicago  Street  R 

Companies.       He  conducted  the  litigation  on  behalf  of  the   Union   EIi 

Railroad  Company,  in  the  litigation  concerning  the  right  to  build  a  "loop 

vated  railroad  on  Lake  and  Van  Buren  streets  and  Wabash  and  Fifth  av( 

His  clientage  is  of  a  distinctively  representative  character  and  is  very  exte 

During  the  past  fifteen  years  he  has  been  connected  with  much  of  the  impc 

litigation  that  has  been  heard  in  the  courts  of  this  city,  and  in  every  depari 

of  the  law  he  handles  his  interests  with  masterly  skill.     He  possesses  tirele 

dustry,   remarkable   acumen   and   is   fertile    in   resources.     His   success, 

measured  by  the  extent  and  importance  of  his  law  practice,  as  well  as  b; 

financial  returns,  is  very  gratifying. 

In  1877  Mr.  Knight  married  Miss  Dell  Browm,  a  daughter  of  Dr.  1 
Brown,  of  McHenry,  Illinois,  and  they  have  two  children, — Bessie  and  Jame 
Mr.  Knight  has  long  been  a  member  of  the  Masonic  fraternity,  and  is  a  Kr 
Templar  of  Chevalier  Bayard  Commandery.     He  also  belongs  to  the   R    . 
League  and  Independent  Order  of  Foresters. 

Henry  S.  Towle,  a  member  of  the  firm  of  Offield,  Towle  &  Linthicum, 
long  been  prominently  identified  with  one  of  the  most  important  branche 
law  practice.     He  was  born  October  10,   1842,  in  Mishawaka,  Indiana.       I 
father,  Oilman  Towle,  was  an  honored  citizen  of  that  state  and  was  widely    1 
favorably  known.     He  married  a  Miss  Beekman,  and  both  trace  their  ance 
to  patriots  of  the  American  Revolution. 

Henry  Sargent  Towle  acquired  his  primary  education  in  Mishawaka,  Ii  ; 
ana,  being  in  attendance  at  the  high  school  at  that  place  when  the  country    1 
came  involved  in  civil  war.     He  made  several  efforts  to  secure  admission  to 
volunteer  service  of  the  government,  but  was  prevented  by  ill  health.     Be  1 
unwilling  to  entirely  forego  any  service  for  the  assistance  of  the  government, 
became  connected  with  a  sanitary  expedition  which  was  organized  under 
direction  of  Governor  Morton  for  the  relief  of  Indiana  soldiers  in  the  field.     T 
first  took  him  to  the  battle-ground  of  Shiloh,  and  later  to  other  places. 


374  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Mr.  Towle  subsequently  entered  upon  a  collegiate  course  at  Valparaiso, 
Indiana,  and  prepared  for  the  legal  profession  by  attending  at  the  University  of 
Michigan,  being  a  graduate  of  the  law  department  of  that  institution.  He  came 
to  Chicago  to  enter  upon  the  practice  of  law,  and  in  the  early  years  of  his  resi- 
dence here  was  connected  with  the  law  firms  of  Arringlon  &  Dent  and  Goodwin 
&  Lamed.  He  became  permanently  associated  with  the  firm  last  mentioned, 
having  been  admitted  as  a  partner  in  1869,  under  the  firm  name  of  Goodwin, 
Larned  &  Towle.  His  association  with  this  firm  initiated  him  into  what  became 
a  specialty,  which  he  has  steadily  pursued,  his  business  for  many  years  past 
having  had  relation  principally  to  patents,  trademarks  and  copyrights,  including 
litigation  incident  thereto.  Mr.  Towle,  however,  for  a  number  of  years  was 
connected  with  practice  in  other  lines  to  some  considerable  extent.  On  the 
retirement  of  Mr.  Larned  and  the  admission  of  Mr.  Charles  K.  Offield  as  a 
partner  in  1874,  the  firm  of  Goodwin,  Offield  &  Towle  almost  entirely  gave  up 
general  practice  and  gave  attention  only  to  the  specialties  before  mentioned. 
On  the  death  of  Mr.  Goodwin,  the  other  two  partners  continued  their  business 
relations,  and  more  recently  have  been  joined  by  Mr.  Charles  C.  Linthicum.  in 
the  organization  of  the  present  firm  of  Otfiold,  Towle  &  Linthicum. 

The  long  association  of  Messrs.  Offield  &  Towle  indicates  congeniality  and 
an  agreeable  division  of  labor,  in  which  Mr.  Towle  has  been  highly  successful 
and  proficient,  besides  manifesting  ability  and  business  qualities,  as  well  as  a 
character  for  integrity  and  rectitude,  which  have  deservedly  brought  him  into 
high  esteem  and  prominence.  He  has  taken  a  prominent  part  in  building  up 
the  large  practice  of  his  firm.  As  a  lawyer  he  is  industrious  and  able,  and 
enjoys  the  respect  and  confidence  of  his  associates  at  the  bar.  The  practice  of 
his  firm  in  their  special  lines  of  litigation,  in  the  federal  courts,  extends  from 
Boston  to  San  Francisco,  and  their  clients  represent  many  of  the  most  prom- 
inent interests  which  depend  upon  protection  under  patents  and  trademarks, 
thus  bringing  his  firm  for  years  into  numerous  important  suits  involving  patent 
and  trademark  property. 

While  the  extensive  practice  of  the  firm  has  engrossed  his  close  attention  and 
has  brought  him,  as  well  as  the  other  members  of  his  firm,  a  wide  acquaintance 
with  business  men  and  affairs,  he  has  all  the  while  manifested  a  deep  interest  in 
educational  and  philanthropic  work,  as  well  as  in  other  matters  of  public  interest. 
He  has  always  retained  his  interest  in  the  University  of  Michigan,  having  served  ' 
as  president  of  the  Chicago  Aiumni  Association  of  this  university.  He  has  been 
a  trustee  of  the  Northwestern  University  for  over  twenty  years;  was  one  of  the 
trustees  of  the  Union  College  of  Law  when  it  was  a  joint  department  of  the 
old  Chicago  University  and  of  the  Northwestern  University.  He  has  been  a 
factor  in  the  management  of  the  same  law  school  since  it  has  been  entirely 
under  the  control  of  the  Northwestern  University.  Mr.  Towle  has  taken 
special  interest  in  elevating  the  standard  of  legal  education  in  Chicago,  and  has 
served  as  chairman  of  the  committee  of  the  trustees  of  the  Northwestern  Uni- 
versity having  charge  of  the  Law  School,  formerly  the  Union  College  of  Uw. 
The  cause  of  pfliiration  has  fiaH  a  nr.  inr,.-=  a^,—-,-.  ^a ._  :_  ^1.7 .1. _..  .l. 


r. 


xu 


THE  BENCH  AND  BAR  OF  ILLINOIS.  375 

subject  of  this  sketch,  who  has  not  only  for  years  urged  a  higher  standard  for 
admission  to  the  bar,  but  has  also  worked  earnestly  in  endeavoring  to  secure 
(or  our  city  the  advantages  of  the  most  thorough  instruction  in  all  departments 
of  university  work. 

He  has  given  special  attention  to  the  work  of  the  Chicago  Home  Missionary 
and  Church  Extension  Society,  with  which  he  has  been  connected  as  a  trustee 
and  as  an  officer  for  many  years.  He  has  long  been  identified  with  the  Methodist 
Episcopal  churcli.  and  has  been  active  in  various  departments  of  church  work. 
He  holds  a  membership  in  the  Chicago  Bar  Association,  in  connection  with 
which  association  he  has  served  as  president.  He  holds  a  membership  in  the 
Illinois  State  Bar  Association  and  the  American  Bar  Association,  and  is  a 
valued  member  of  the  Union  League  Club,  as  well  as  the  Hamilton  and  several 
other  clubs  and  social  organizations. 

Mr.  Towle  was  married  in  1868  to  a  daughter  of  Robert  F.  Queal,  of 
Evanston,  Illinois.  Her  death  occurred  in  1881,  and  in  1884  he  married  Miss 
Sarah  A.  Meacham,  of  Oak  Park,  Illinois,  at  which  place  Mr.  and  Mrs.  Towle 
now  reside.  He  is  most  highly  esteemed  in  all  relations  of  life  as  a  man' of 
probity,  trustworthiness  and  capability. 

William  P.  Uiack. — Progress  ever  indicates  effort ;   only  retrogression  fol- 
lows inertia.     Purpose,  determination,  strength  and  energy  ever  lie  back  of  ac- 
complishment, and  that  which  is  gained  without  efEort  is  regarded  as  worthless. 
"Honor  and  fame  from  no  condition  rise,"  sang  the  poet ;    they  come  as  the 
crown  of  unceasing,  noble  labor,  and  the  truly  famous  men  of  the  land  are 
those  whose  character  is  above  question,  and  whose  mental  attainments  are  of 
a  very  brilliant  order.     Both  qualities  are  indispensable  to  real  fame,  and  when 
we  say  that  Captain  W.  P.  Black  is  to-day  numbered  among  the  famous  men 
of  the  nation  it  is  at  once  understood  that  his  eminent  position  results  from  such 
causes.     One  act  alone  in  his  life  entitled  him  to  rank  among  the  famous  men 
of  America,  and  that  was  his  defense  of  the  anarchists  in  1886.     In  the  face  of  the 
strongest  opposition  of  old-time  friends,  the  profession  and  public  opinion,  he 
undertook  to  plead  for  the  lives  of  men  whose  sentiments  differed  radically  from 
his  own,  but  who,  as  human  beings,  deserved  all  the  protection  that  law  could 
give.     Life  and  property  would  be  valueless  if  this  right  of  defense  were  denied  to 
the  individual  through  popular  feeling;    for  it  is  a  matter  of  history  that  the 
populace   has  been  often  found  on  the  wrong  side;    and  thus  as  a  matter  of 
principle,  and  with  a  nobleness  that  led  him  to  put  aside  all  personal  feeling. 
Captain  Black  stood  for  the  defense  of  those  few  men  when  the  bitterness  of 
public  feeling  not  only  threatened  to  engulf  them  but  to  bring  disaster  upon  all 
who  might  in  any  way  be  associated  with  them.     Viewed  in  the  calmer  light 
of  the  present,  his  action  seems  heroic,  yet  it  was  without  a  thought  of  self- 
aggrandizement  that  Captain  Black  undertook  the  management  of  a  case  that 
brought  him  renown  not  only  on  this  side  the  Atlantic  but  also  in  foreign  lands^ 

The  early  life  of  Captain  Black  passed  quietly  and  uneventfully.  A  native 
of  Kentucky,  he  was  born  in  Woodford  county,  in  1842,  and  is  of  Scotch-Irish 
lineage,  claiming  among  his  ancestors  those  who  fought  for  the  independence  of 


376  THE  BEXCH  AND  BAR  OF  ILLINOIS. 

the  nation  in  the  memorable  period  between  1776  and  1783.  From  South 
Carolina,  where  the  first  settlement  was  made,  the  family  removed  lo  Westmore- 
land county,  Pennsylvania.  Rev.  John  Black,  one  of  the  earliest  representatives 
in  the  Keystone  state,  was  a  minister  of  the  Presbyterian  church,  and  his  son 
and  great-grandson  also  followed  the  same  calling.  The  latter,  Rev.  John 
Black,  D.  D.,  was  the  father  of  Captain  William  P.  Black.  At  the  time  of  his 
father's  death  our  subject  was  but  five  years  of  age,  and  with  his  mother  he 
soon  afterward  removed  to  Danville,  Illinois,  where  his  boyhood  days  were 
passed.  Of  a  studious  nature  he  laid  a  substantial  educational  foundation  in  the 
English  branches,  acquired  a  good  knowledge  of  literature  and  later  entered 
Wabash  College,  at  Crawfordsville.  Indiana,  where  his  collegiate  career  was 
marked  by  close  application  and  high  standing.  His  social  qualities  made  him  a 
favorite  with  the  pupils,  while  his  excellent  scholarship  won  him  the  respect 
and  admiration  of  his  preceptors. 

While  engaged  in  pursuing  his  education,  the  south  attempted  secession  and 
with  all  the  ardor  and  patriotism  of  his  nature  he  espoused  the  Union  cause. 
Hardly  had  the  smoke  from  Fort  Sumter's  guns  cleared  away,  when  with  (orly 
of  his  fellow  students,  including  his  only  brother,  John  Charles,  who  rose  to  the 
rank  of  general,  he  joined  Company  I  of  the  Eleventh  Indiana  Zouaves,  com- 
manded by  Colonel,  afterward  General,  Lew  Wallace,  He  joined  the  "boys  in 
blue"  April  15,  1861,  as  a  private,  and  on  the  expiration  of  the  three-months 
term  was  mustered  out  as  a  corporal.  In  the  meantime  it  was  seen  that  the  war 
was  to  be  no  holiday  affair,  that  both  sides  were  determined  to  win  the  victory, 
and  President  Lincoln  had  issued  his  call  for  three-years  men.  Corporal  Black 
then  at  once  assisted  in  recruiting  a  company  in  Vermilion  county,  Illinois, 
and  was  elected  its  captain.  These  troops  were  mustered  in  at  Chicago  as 
Company  K,  Thirty-seventh  Illinois  Infantry,  known  as  the  Fremont  Rifles,  and 
thus  before  he  had  reached  his  nineteenth  birthday  Captain  Black  went  to  the 
front  at  the  head  of  one  hundred  men  to  vaUantly  battle  for  the  preservation  of  the 
Union.  He  retained  the  command  of  his  company  until  he  was  duly  mustered 
out  of  service,  on  the  30th  of  September,  1864,  participating  in  all  the  engage- 
ments of  his  regiment.  At  the  seige  of  Vicksburg  he  held  the  responsible  and 
dangerous  position  of  brigade  picket  officer,  having  charge  of  the  rifle  pits  of  his 
brigade,  and  demonstrated  that  he  possessed  that  high  courage  which  would  be 
implicitly  relied  upon  and  put  to  any  test. 

The  year  following  his  return  from  the  war  Captain  Black  spent  in  the  office 
of  the  provost  marshal  of  the  seventh  Illinois  congressional  district,  in  Danville. 
He  has  been  identified  with  the  interests  of  Chicago  since  the  autumn  of  1865, 
when  he  became  a  law  student  in  the  office  of  Arrington  &  Dent,  a  well  known 
law  firm  of  the  city.  After  his  admission  to  the  bar  he  practiced  for  a  year  in 
Danville,  and  then,  returning  to  Chicago,  formed  a  partnership  with  Thomas 
Dent,  his  former  preceptor.  This  connection  was  continued  until  Captain 
Black  withdrew  in  order  to  undertake  the  defense  of  the  anarchists. 

His  reputation  as  a  lawyer  is  second  to  none.  During  the  greater  part  of  his 
professional  career  he  has  devoted  his  energies  to  civil  law  and  has  demonstrated 


THE  BENCH  AND  BAR  OF  HJJNOIS.  377 

his  power  to  handle  its  intricate  problems  with  masterly  skill.  He  is  remarkable 
among  lawyers  for  the  wide  research  and  provident  care  with  which  he  prepares 
his  cases.  In  no  case  has  his  reading  ever  been  confined  to  the  limitations  of  the 
question  at  issue;  it  has  gone  beyond  and  compassed  every  contingency  and 
planned  for  the  defense  against  every  possible  attack.  His  logical  grasp  of  facts 
and  principles  and  of  the  law  applicable  to  them  has  been  another  potent  element 
in  his  success,  and  a  remarkable  clearness  of  expression,  an  adequate  and  precise 
diction,  which  enable  him  to  make  others  understand  not  only  the  salient  points  of 
his  argument  but  also  his  every  fine  gradation  of  meaning,  may  be  accounted 
among  his  most  conspicuous  gifts  and  accomplishments. 

In  civil  law  he  had  a  very  extensive  clientage,  and  was  doing  a  very  profitable 
business  when  the  friends  of  the  anarchists  besought  him  to  undertake  their  case. 
After  listening  w^ith  characteristic  courtesy  to  their  request,  he  informed  them 
that  he  was  not  a  criminal  lawyer  and  advised  them  to  apply  to  some  of  his  col- 
leagues at  the  bar  who  made  a  specialty  of  that  branch  of  practice.     The  reply  to 
this  was  that  these  lawyers  had  already  been  conferred  with  and  had  refused  to 
engage  in  a  service  w-hich  they  feared  would  jeopardize  their  standing  as  citizens 
and  members  of  a  community  intensely  hostile  to  the  men  who  were  to  be  placed 
on  trial.     The  friends  of  the  anarchists  appealed  to  Captain  Black's  love  of  justice, 
his  sense  of  fairness,  and  his  regard  for  the  right  of  fair  and  impartial  trial  by  jury, 
and  at  last  wrung  from  him  the  promise  that  he  would  aid  them  to  secure  such 
counsel  as  would  insure  an  able  defense  of  the  accused  men.     He  then  tried  hard, 
but  was  unable  to  succeed  in  persuading  any  of  the  successful  criminal  lawyers 
of  the  city  to  take  hold  of  the  case.     It  had  in  the  meantime  become  clear  to  him 
that  the  men  charged  with  the  "Haymarket  murder''  were  in  danger  of  being 
sacrificed  for  want  of  adequate  defense.     This  was  something  which  his  sense 
of  duty  would  not  permit  him  to  look  upon  with  indifference.     Whether  or  not 
the  accused  persons  were  guilty  as  charged,  was  a  question  not  to  be  decided  in 
advance  of  trial  and  the  hearing  of  the  evidence.     He  felt  it  to  be  the  duty  of  some 
member  of  the  bar  to  defend  them  with  all  the  zeal  and  ability  at  his  command, 
and  his  chivalric  nature  would  not  allow  him  to  shrink  from  a  discharge  of  that 
duty,  because  of  consequences  which  might  be  unpleasant  or  even  disastrous  to 
himself. 

The  history  of  the  trial  is  too  well  known  to  need  recounting  here.  As 
Captain  Black  studied  the  case  he  became  more  and  more  convinced  that  the 
men  were  innocent  of  the  specific  crime  with  which  they  were  charged, — murder. 
He  had  no  sympathy  with  their  anarchistic  sentiments, — for  there  is  no  more 
loyal  American  citizen  in  Chicago, — but  he  defended  the  men  against  punishment 
for  the  crime  with  which  they  were  charged  with  all  the  strength  of  his  nature. 
However,  from  the  beginning  it  seemed  a  foregone  conclusion  that  the  men 
would  hang, — the  public  wanted  and  demanded  their  punishment  for  what  they 
had  spoken  or  written  rather  than  for  the  killing  of  the  policemen;  it  was 
anarchy  rather  than  murder  for  which  they  were  tried.  From  the  judgment  of 
the  criminal  court  Captain  Black  appealed  to  the  supreme  court  of  Illinois,  then 
to  the  supreme  court  of  the  United  States,  and  failing  in  both  instances  to  gain  a 


378  THE  BENCH  AND  BAR  OF  ILLINOIS. 

reversal,  sought  executive  clemency,  thus  doing  all  in  his  power,  as  every  honor- 
able lawyer  who  undertakes  a  case  should  do,  to  save  his  clients. 

A  fair  estimate  of  the  noble  character  of  the  service  which  Captain  Black 
rendered  in  this  connection  is  summed  up  in  the  following  extract  from  an 
address  delivered  by  Judge  Tuley  before  the  Young  Lawyers'  Bar  Association. 
He  said : 

"Xo  true  lawyer  follows  his  profession  solely  for  the  money  that  is  to  be 
made  out  of  it ;  and  the  brightest  and  most  cherished  recollections  of  a  lawyer  are 
those  where  without  fee  or  hope  of  reward  he  has  protected  the  weak  against  the 
strong,  the  ignorant  and  lowly  against  the  aggressions  of  the  rich  and  powerful, 
or  when  he  has  reached  out  his  helping  hand  to  stand  by  the  friendless  and  for- 
saken. In  the  history  of  our  profession,  there  is  no  brighter  chapter  or  one  that 
casts  more  glory  upon  our  profession  than  that  which  recounts  how  the  four 
sergeants  of  the  English  bar,  at  the  peril  of  their  lives,  stood  by  and  defended 
King  Charles  the  l^^irst,  when  on  trial  for  his  life  on  the  charge  of  treason. 

"Sometimes  occasions  arise  when  it  is  the  duty  of  the  true  lawyer  to  sacrifice 
himself  upon  the  altar  of  his  profession.  I  cannot  refrain  from  mentioning  an 
incident  within  my  own  knowledge,  and  which  I  have  never  before  related,  where 
a  member  of  the  bar  rose  equal  to  a  great  occasion  and  made  this  sacrifice  upon 
the  altar  of  duty.  This  lawyer,  whom  I  had  known  for  many  years,  called  on 
me  in  my  chambers  one  day  before  the  trial  of  the  anarchists  and  at  a  time  when 
the  excitement  was  at  its  highest  pitch,  and  stated  that  he  wished  to  consult  with 
me  as  a  friend  and  as  a  judge.  He  said  that  he  had  been  applied  to  by  the  friends 
of  the  anarchists  to  undertake  their  defense ;  that  he  told  the  parties  that  he  had 
not  followed  to  any  great  extent  the  practice  of  the  criminal  law  and  advised  them 
to  employ  some  one  who  made  the  criminal  law  a  specialty ;  that  they  came  back 
a  second  time  and  stated  that  they  had  been  unable  to  get  any  such  person  to 
undertake  their  defense  as  they  had  but  very  little  money,  and  again  pleaded  with 
him  to  undertake  it.  'The  amount  of  money  they  have  offered  me,'  he  said,  *is  not 
worthy  of  consideration  ;  but  it  is  their  all, — all  that  they  can  raise.  I  told  them 
I  would  consider  the  matter  and  give  them  my  decision.  You  know,'  he  con- 
tinued, 'what  undertaking  their  defense  means  to  me  or  any  other  lawyer  of 
position  at  the  bar.'  I  said,  *You  have  then  counted  the  cost?'  *Yes,'  he  replied, 
T  think  1  can  foresee  the  result  to  me  if  1  undertake  their  defense.  I  have  now, 
as  you  know,  a  large  and  profitable  business  that  my  partner  and  myself  have 
been  many  years  in  building  up.  Our  clients  are  principally  of  the  class— 
caj)italists  and  board-of-trade  men — who  are  much  exercised  over  this  matter  and 
about  the  growth  of  anarchy  and  lawlessness  generally.  I  shall  have  to  give 
months  to  the  case  and  must  neglect  other  business  to  some  extent.  I  think  I 
can  foresee  that  he  who  undertakes  the  defense  of  these  anarchists  will  be  looked 
upon  w^ith  at  least  great  disfavor.  It  means  to  some  extent  social  ostracism  and 
I  believe  an  almost  total  sacrifice  of  my  business  and  possibly  of  my  future 
prospects.     Now,  Judge,  what  shall  I  do  ?    What  would  you  do  ?' 

*T  replied,  'Captain  Black,' — for  it  was  Captain  William  P.  Black,— 'your 
question  is  a  very  serious  one,  and  probably  one  that  you  should  solve  your- 


THE  BENCH  AND  BAR  OF  ILLINOIS,  379 

self;  but  as  you  ask  my  opinion  I  will  give  it  to  you.  As  these  men  have 
offered  a  retainer  and  that  to  the  extent  of  their  ability,  I  have  no  hesitation  in 
saying  that  your  duty  to  your  profession,  your  duty  to  yourself,  demands  that  you 
accept  it  and  undertake  their  defense.  I  must  say  that  you  have  rather  under- 
estimated than  overestimated  the  cost  to  yourself ;  but  yet,  Captain,  it  is  always 
expedient  to  do  one's  duty.*  He  replied  that  he  felt  that  it  was  his  duty  to  take 
the  case  and  that  my  advice  encouraged  him  to  do  so. 

"You  all  know  how  well,  how  ably  through  many  wearisome  months  he 
performed  that  duty.  He  extorted  the  admiration  of  those  who  denounced  him 
by  the  heroic  defense  he  made.  The  result,  as  to  himself,  was  even  worse  than  he 
anticipated.  Many  of  his  so-called  friends  gave  him  the  *cold  shoulder,*  his 
partnership  was  dissolved,  nearly  all  of  his  clients  forsook  him,  and  I  believe  that 
In  six  months  he  who  was  earning  his  ten  to  fifteen  thousand  dollars  a  year 
could  not  count  upon  one  thousand  a  year  income.  The  feeling  that  had  been 
engendered  gradually  died  out  and  people  began  to  reason  among  themselves. 
He  manfully  stood  up  and  fought  his  way  back  into  a  lucrative  business.  The 
Chicago  bar  should  delight  to  honor  him,  this  brother  lawyer  who  made  so  great 
a  sacrifice  to  maintain  the  honor  of  the  profession.*' 

When  the  case  was  over  Captain  Black  resumed  the  practice  of  law,  but  it 
was  as  he  supposed,  and  as  Judge  Tuley  stated, — his  defense  of  the  anarchists 
had  cost  him  a  great  share  of  his  civil  practice.  As  the  years  passed,  however, 
and  calmer  judgment  returned,  there  has  arisen  a  feeling  of  appreciation  for  the 
sacrificing  and  heroic  spirit  that  led  the  lawyer,  in  obedience  to  the  ethics  of  his 
profession  and  the  spirit  of  the  law,  to  stand  for  a  fair  trial  for  those  who  were 
accused  of  offense ;  old  clients  returned  and  new  clients  came  to  him,  and  he  is 
now  in  the  enjoyment  of  a  larger  law  business  than  ever  before.  He  has  been 
connected  with  much  of  the  most  important  litigation  in  the  civil  courts  for  many 
years  and  has  achieved  distinction,  not  only  for  his  ability  but  also  for  the 
integrity  and  honesty  of  purpose  which  characterizes  all  his  professional  acts. 
He  is  now  in  the  active  practice  of  his  profession  in  Chicago,  his  zeal  unabated, 
his  efficiency  unimpaired. 

Captain  Black  has  given  deep  thought  and  careful  investigation  to  social 
and  economic  questions  of  the  day,  and  on  these  topics  has  written  many  able 
articles.  He  is  an  unusually  clear,  earnest  and  vigorous  writer.  In  1881  he 
prepared  and  delivered  before  the  Chicago  Philosophical  Society  a  lecture  on 
Socialism  as  a  Factor  in  American  Society  and  Politics,  which  was  published  in 
the  Chicago  Times,  republished  in  pamphlet  form  and  extensively  quoted  and 
noted  in  various  parts  of  the  country.  It  was  a  remarkably  clear,  interesting  and 
philosophical  consideration  of  the  great  question  of  the  social  relations  of  the 
wage  classes  in  our  growing  republic.  A  year  later  he  delivered  before  the  same 
body  a  lecture  on  Russia  and  Nihilism,  which  has  since  been  delivered,  by 
request,  before  the  Liberal  League  of  Chicago  and  the  Industrial  Jleform  Club 
of  the  same  place,  and  which  has  been  printed  in  the  Weekly  Magazine  and 
reprinted  in  tract  form.  In  regard  to  this  lecture  Wendell  Phillips  wrote  to 
Captain  Black  as  follows : 


38o  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Boston.  July,  1882. 

My  Dear  Sir: — Hearty  thanks  for  your  instructive  and  eloquent  address  on  Russia 
and  Nihilism.  Such  a  masterly  and  logical  summing  up  of  the  case  against  the  Romanoffs 
must  give  our  people  pause  and  make  them  think.  Then  we  shall  see  a  public  opinion 
more  worthy  of  our  past  and  our  national  position  among  civilized  states. 

I  have  read  and  reread  your  statement,  each  time  with  fresh  admiration  and  added 
ihanks  that  any  American  has  been  found  ready  to  make  it  an  honor  to  us  and  a  service 
to  the  world.  Yours  with  great  respect, 

Colonel  W.  P.   Black.  WENDELL  PHILLIPS. 

Captain  Black  is  in  no  sense  of  the  word  a  politician  though  taking  a  keen 
interest  in  the  affairs  of  the  country  to  whose  service  in  the  tented  field  he  gave 
three  and  a  half  years  of  his  life.     In  his  views  he  is  thoroughly  independent, 
casting  his  vote  and  his  influence  always  with  what  he  believes  the  better  side 
of  every  cause.     Prior  to  1872  he  had  been  a  stanch  Republican,  but  in  that  year 
he  advocated  the  cause  of  Horace  Greeley,  and  has  since  been  independent, 
though  usually  voting  with  the  Democracy.     In  the  fall  of  1882  he  became  a 
candidate    for   congress    upon    the    unsolicited    nominations   first   of  the  anti- 
monopolists  in  their  conventions,  then  of  the  Democracy  and  afterward  of  the 
independent    Republicans.      Although    Captain    Black    was    defeated,   through 
treachery  in  the  Democratic  camp, — and  then  by  only  twenty-four  hundred  votes, 
when  at  the  preceding  election  the  opposing  party  had  a  majority  of  six  thou- 
sand votes, — the  campaign  awakened  great  interest  and  brought  to  him  many 
written  and  spoken  tributes  concerning  his  character  and  attainments.     Henry 
L.  Turner,  a  prominent  real-estate  dealer  and  lifelong  Republican,  wrote  of  him 
in  the  following  manner:     "Speaking  from  a  personal  acquaintance  of  years' 
standing,  the  writer,  if  asked,  would  say  of  Captain  William  P.  Black  that  he 
would  bring  to  the  legislative  office  a  heart  throbbing  with  a  benevolent  love 
for  his  fellow  men,  sympathetic  with  their  misfortunes,  and  ambitious  to  be  oi 
service  to  them ;   a  quick  and  enlightened  conscience,  with  a  profound  sense  of 
personal  responsibility;    an  independence  of  thought  and  action  almost  phe- 
nomenal ;   an  honesty  deep  seated  as  the  earth's  foundation ;   an  incorruptibility 
absolutely  unassailable ;  an  intellect  of  great  breadth  and  keenness ;  a  mind  well 
stored  with  a  comprehensive  knowledge  of  law  and  history;    a  ripe  and  widely 
varied  experience;   an  eloquence  at  once  dignified  and  impassioned,  impressive 
and  graceful ;   a  patriotism  strengthened  and  purified  on  the  battle-fields  of  the 
rebellion,  and  a  courage  which  cannot  be  daunted;   a  life  so  pure  and  spotless 
that  the  fierce  breath  of  a  bitter  canvass  has  cast  no  mist  upon  it;    a  religious 
principle  which  manifests  a  reverent  regard  for  all  the  ways  of  righteousness ;  a 
widely  gathered  familiarity  with  the  management  of  affairs,  and  a  broad  general 
culture ;  a  splendid  presence,  and  manners  courteous,  affable  and  polished." 

His  home  life  is  ideal  in  its  pleasant  relations.  In  1869  Captain  Black  mar- 
ried Miss  Hortensia  M.  MacGreal,  of  Galveston,  Texas,  who  has  shared  with  him 
in  all  his  benevolent  and  philanthropic  work.  He  is  known  as  a  Christian 
gentleman  of  liberal  views  and  scholarly  tastes,  and  all  moral  and  social  reforms 
receive  his  support.     Faultless  in  honor,  fearless  in  conduct,  and  stainless  in 


THE  BENCH  AND  BAR  OF  ILLINOIS, 

reputation,  he  stands  to-day  as  one  of  the  most  brilliant  and  respected  meml 
of  the  Chicago  bar. 

Elbert  H.  Gary. — In  the  history  of  jurisprudence  in  IlHnois  the  name  of  ^ 
Gary  is  prominently  associated  with  much  of  the  important  litigation  that 
called  forth  the  powers  of  the  most  talented  members  of  the  bar.     While  \ 
versed  in  all  departments  of  the  law,  he  is  by  preference  and  patronage  confini 
his  attention  largely  to  that  important  branch  of  the  profession  known  as  c 
poration  law,  and  has  won  for  himself  very  favorable  criticism  for  the  care 
and  sympathetic  methods  he  has  followed  in  the  conduct  of  his  legal  busine 
He  has  remarkable  powers  of  concentration  and  application,  and  his  retenti 
mind  has  often  excited  the  surprise  and  admiration  of  his  professional  colleagu 
Since  1870  Mr.  Gary  has  engaged  in  the  practice  of  law  in  Chicago,  whith 
he  comes  from  his  home  in  Wheaton, — the  place  of  his  residence  throughout  1 
entire  life.     He  was  born  in  Du  Page  county,  IlHnois,  October  8,  1846,  a  son 
Erastus  and  Susan  A.  (Vallette)  Gary.     His  boyhood  days  were  passed  on  h 
father's  farm,  where  during  the  summer  months  he  assisted  in  the  labors  of  tl 
fields.     During  the  winter  season  he  pursued  his  studies  in  the  district  schoo 
until  close  application  had  prepared  him  for  entrance  to  Wheaton  College,  i 
which  institution  he  was  a  student  for  several  terms.     At  the  age  of  eighteen  Y 
began  reading  law  in  the  office  of  Vallette  &  Cody,  of  Naperville,  where  he  cor 
tinued  for  a  year  and  a  half,  when  he  w^as  enrolled  among  the  students  of  th 
Chicago  University.     He  was  graduated  in  that  institution  in  June,  1867,  and  i 
October  following  was  admitted  to  the  supreme  court  of  Illinois,  and  in  1878  wa 
admitted  to  practice  in  the  supreme  court  of  the  United  States. 

Establishing  an  office  in  Chicago,  Mr.  Gary  was  joined  by  his  brother 
Noah  E.  Gary,  in  1874,  a  business  relation  that  was  maintained  for  about  sixteei 
years.     In  the  meantime,  from  1879  ^^ntil  1886,  one  of  his  former  preceptors 
Judge  Hiram  H.  Coby,  was  also  a  member  of  the  firm.     Since  1890  Mr.  Gar} 
has  been  alone  in  the  conduct  of  his  very  extensive  and  important  law  business 
His  efficiency  and  superior  skill  in  the  handling  of  the  intricate  problems  oi 
corporation  law  brought  him  an  extensive  clientage  along  that  line,  and  gradu- 
ally his  corporation  practice  crowded  out  many  other  departments  of  juris- 
prudence.    His  eminent  ability  in  this  direction  is  indicated  by  the  fact  that  he  is 
now  serving  as  general  counsel  for  several  large  corporations,  including  the 
Baltimore  &  Ohio  Railroad,  for  the  western  department,  the  Illinois  Steel  Com- 
pany, the  American  Steel  and  Wire  Company,  the  Car  Service  Association,  the 
American  Bonding  and  Trust  Company  and  Maryland  Casualty  Company.     He 
has  been  a  member  of  the  Chicago  Bar  Association  since  its  organization  and 
served  for  one  year  as  its  president. 

Mr.  Gary  was  married,  June  23,  1869,  to  Miss  Julia  E.  Graves,  of  Aurora, 
and  has  two  daughters.  He  maintains  his  residence  in  Wheaton  and  has  con- 
tributed largely  to  the  material  development  and  welfare  of  the  city.  He  is  the 
principal  stockholder  and  the  president  of  the  Gary  Wheaton  Bank,  which  he 
established  in  1874,  and  he  has  held  several  offices.  A  Republican  in  politics,  he 
was  elected  on  that  ticket  as  president  of  the  town  council  for  three  terms,  and 


382  THE  BENCH  AND  BAR  OF  ILLINOIS. 

when  Wheaton  was  raised  to  the  rank  of  a  city  he  was  chosen  its  first  mayor, 
acting  in  that  capacity  several  terms.  In  1884  he  was  elected  judge  of  Du  Page 
county  and  occupied  that  bench  for  two  terms.  He  is  a  member  of  a  number  of 
important  social  organizations,  including  the  Union  League,  Chicago  and 
Athletic  Clubs,  of  Chicago,  and  has  a  membership  connection  with  the  National, 
State  and  Chicago  Bar  Associations. 

Henry  H.  Kennedy,  a  member  of  the  law  firm  of  Moses,  Rosenthal  &  Ken- 
nedy, of  Chicago,  was  born  in  Washington  county,  Iowa,  in  1861,  and  acquired 
his  literary  education  in  Iowa  College,  of  Grinnell,  that  state,  graduating  in  that 
institution  with  the  class  of  1883.  For  nearly  a  year  thereafter  he  was  con- 
nected  with  the  staff  of  the  Grinnell  Herald,  and  then  entered  the  law  depart- 
ment of  the  Michigan  State  University,  at  Ann  Arbor,  where  he  was  graduated 
on  the  completion  of  the  regular  course  in  1885. 

Immediately  afterward  Mr.  Kennedy  came  to  Chicago  and  from  1885  until 
1890  was  employed  in  a  clerical  capacity  in  the  law  office  of  Moses  &  Newman. 
In  the  latter  year  he  became  a  member  of  the  law  firm  of  Moses,  Pam  & 
Kennedy,  now  Moses,  Rosenthal  &  Kennedy,  and  in  that  connection  enjoys  a 
large  and  important  law  practice,  which  is  an  indication  of  ability  on  the  part 
of  the  different  members  of  the  firm. 

In  1892  Mr.  Kennedy  was  united  in  marriage  to  Miss  Minnie  G.  Perkins,  of 
Grinnell,  Iowa.  He  belongs  to  the  Union  League  Club,  and  in  his  political 
affiliations  is  a  Republican  who  stanchly  advocates  the  principles  of  his  party. 

Edward  Dudley  Kenna  was  born  at  Jacksonville,  Illinois,  November  17, 
1 86 1,  and  educated  in  the  common  schools  of  Springfield,  Missouri,  where  he 
studied  law  and  was  admitted  to  the  bar,  on  May  7,  1880.  On  May  i,  1881,  he 
was  appointed  assistant  attorney  of  the  St.  Louis  &  San  Francisco  Railway  Com- 
pany and  moved  to  St.  Louis.  On  November  i,  1889,  he  was  made  general 
attorney  of  that  company,  in  which  position  he  continued  until  September  15, 
1895,  when  he  was  appointed  general  solicitor  of  the  Atchison,  Topeka  &  Santa 
Fe  Railway  Company  and  removed  to  Chicago. 

Mr.  Kenna  was  married  June  2,  1894,  to  Miss  MadeHne  Kerens,  of  St.  Louis. 
They  have  two  children,  the  elder  a  boy,  Richard  Kerens  Kenna,  and  the 
younger  a  daughter,  Mary  Dudley  Kenna. 

PYederick  \V.  C.  Hayes  was  born  in  Johnstown,  New  York,  January  26, 
1859,  and  was  of  Scotch-Irish  lineage.  His  father  Richard  B.  Hayes,  was  a 
representative  of  a  noted  Irish  family,  his  uncle  filling  the  high  office  of  lord 
chancellor  to  the  crown ;  another  relative.  Canon  Hayes,  was  a  celebrated 
clergyman  of  the  church  of  England.  The  father,  Richard  B.  Hayes,  leaving  his 
home  in  Banbridge,  county  Down,  Ireland,  in  1856,  sailed  for  America  and 
identified  his  interests  with  those  of  the  New  World.  He  was  the  manufacturer 
of  the  Hayes'  Royal  Irish  linen  thread  of  world-wide  reputation.  Mary  E. 
(Nellis)  Hayes,  the  mother  of  Frederick  W.  C.  Hayes,  was  a  native  of  Ephratah, 
New  York,  and  a  descendant  of  the  well  known  Edwards  family  of  the  Empire 

state. 

Frederick  W.  C.  Hayes  became  a  resident  of  Chicago  in  his  early  boyhood, 


il.=c_^^^^^ 


THE  BENCH  AND  BAR  OF  ILLINOIS. 

and  pursued  his  literary  education  in  the  grammar  and  high  schools.     In  i 
of  1876  he  was  matriculated  in  the  old  University  of  Chicago,  wherein  \ 
graduated  with  honors,  as  a  member  of  the  class  of  1880,  receiving  the  deg 
Bachelor  of  Arts,  which  degree  was  also  conferred  upon  him  by  the  p 
University  of  Chicago.     He  pursued  his  studies  under  many  disadvanta 
disadvantages,  however,  which  gave  way  before  his  resolute  and  deter 
spirit.     His  pecuniary  condition  made  it  necessary  that  he  should  provide  f- 
expenses  of  his  college  course  and  for  his  own  maintenance,  and  this  li 
by  teaching  nights  and  by  delivering  newspapers.     After  his  graduation  i 
university  he  entered  the  Union  College  of  Law,  in  1880,  and  two  years 
was  admitted  to  the  bar.     During  that  time  he  worked  in  the  recorder's 
and  acted  as  clerk  for  Justice  Charles  Arnd.     He  entered  upon  his  profess 
career  as  a  member  of  the  law  firm  of  Young  &  Hayes,  his  partner  being  Kii 
Young.     That  connection  was  continued  until   1884,  when  the  illness  of 
Young  made  a  dissolution  of  the  partnership  necessary.     Mr.  Hayes  was 
alone  in  practice  for  some  time,  but  on  account  of  ill  health  was  forced  to  s 
the  greater  part  of  three  years,  from  1889  until  1891,  in  New  Mexico.     Wh« 
that  territory  he  served  as  principal  of  a  New  West  school,  and  in  additic 
teaching  during  the  week  often  preached  on  Sunday.     He  was  teacher,  jai 
and  minister,  and  a  friend  of  all  in  the  place,  and  it  is  doubtful  if  any  one 
made  a  deeper  impression  for  good  upon  the  community. 

Upon  his  return  to  Chicago  Mr.  Hayes  became  connected  with  the  law 
partment  of  the  city,  under  the  Washburne  administration.     He  was  a  fine 
around  lawyer,  but  he  possessed  an  intimate  knowledge  of  special-assessn 
and  condemnation  law,  and  for  that  reason  was  selected  by  the  city  of  Chic 
as  special  counsel  in  many  such  cases, — in  1892  and  subsequent  years.     He 
charge  for  the  city  of  the  big  Wentworth  avenue  sewer  case,  the  largest 
most  important  special-assessment  case  ever  tried  in  this  country.     The  t< 
assessment  amounted  to  eight  hundred  and  sixteen  thousand  dollars,  and 
different  juries  passed  upon  the  different  phases  thereof.     In  one  of  these  tri 
involving  over  one  hundred  and  twenty  thousand  dollars  of  objections,  twe 
prominent  lawyers  were  pitted  against  Mr.  Hayes,  and  after  a  trial  of  over  thi 
days  the  jury  found  for  the  city.     This  was  a  great  personal  triumph  for  ]^ 
Hayes,  as  it  was  largely  through  his  efficient  efforts  and  skill  that  the  case  v 
won,  and  at  once  established-  his  reputation  as  a  most  able  trial  lawyer.     1 
afterward  had  charge  of  the  still  greater  project, — the  Ninety-fifth  street  se\^ 
and  drainage  plan, — and  because  of  these  and  other  cases,  by  reason  of  his  stu 
and  broad  views,  he  became  thoroughly  informed  upon  the  subject  of  draina^ 
from  a  legal  and  engineering  standpoint.     It  was  on  account  of  his  special  knov 
edge,  as  well  as  his  general  ability,  that  he  was  elected  attorney  for  the  drainaj 
board  at  a  time  when  knotty  and  complicated  problems  were  presenting  ther 
selves  for  solution.     The  purpose  of  the  drainage  canal  is  to  furnish  pure  wat« 
and  thus  save  the  lives  of  our  people.     No  one  felt  more  strongly  the  noblenei 
of  such  a  high  purpose  than  did  Mr.  Hayes.     He  put  aside  private  interests  t 


384  THE  BEXCH  AXD  BAR  OF  ILLINOIS. 

• 

devote  his  whole  attention  to  the  public  good.     He  fell  at  the  post  of  duty,  over- 
come by  the  tremendous  strain  made  upon  his  system  by  his  hard  labors. 

At  the  time  of  his  death  he  was  a  member  of  the  well  know^n  and  leading 
law  firm  of  Mann,  Hayes  &  Miller,  the  partners  being  James  R.  Mann,  Frederick 
W.  C.  Hayes  and  George  \V.  Miller.  The  senior  member  of  the  firm  is  now 
congressman  from  the  first  district  of  Illinois,  and  the  junior  member  is  repre- 
senting the  third  senatorial  district  in  the  Illinois  legislature.  The  firm  success- 
fully combined  politics  and  the  practice  of  law,  and  each  one,  though  com- 
paratively young,  attained  official  distinction,  and  together  they  built  up  an 
extensive  practice  in  corporation  and  municipal  law.  For  a  time  Mr.  Hayes 
was  one  of  the  masters  in  chancery  of  the  superior  court  of  Cook  county,  and  in 
the  spring  of  1897  w^as  selected  as  attorney  for  the  sanitary  district  of  Chicago. 

On  the  2d  of  September,  1886,  Mr.  Hayes  was  united  in  marriage  to  Miss 
Lucy  Ella  Leach,  of  Manchester-by-the-Sea,  Massachusetts,  and  two  children 
were  born  to  them,  Frederick  and  Lucy,  w^ho  with  their  mother  share  in  the  loss 
of  husband  and  father.  When  a  youth  of  thirteen  years  Mr.  Hayes  became  a 
member  of  Plymouth  Congregational  church,  and  later  transferred  his  member- 
ship to  the  South  Congregational  church,  at  the  corner  of  Fortieth  street  and 
Drexel  boulevard.  Politically  Mr.  Hayes  was  an  ardent  and  zealous  Republican, 
and  for  several  years  was  president  of  the  Thirty-second  Ward  Republican  Club. 
He  was  one  of  the  original  seven  who  founded  the  Marquette  Club,  of  Chicago, 
and  was  its  first  vice-president,  but  resigned  in  the  winter  of  1897  and  joined  the 
Hamilton  Club.  He  was  a  Knight  Templar  Mason  and  a  member  of  the  Royal 
Arcanum.  His  social  qualities  were  marked,  and  his  genial  disposition  and 
courteous  manner  made  him  a  popular  favorite.  He  w^as  a  product  of  our 
earnest  and  intense  Chicago  life.  Against  odds  w^hich  would  have  overcome  a 
less  courageous  spirit,  he  found  his  way  to  the  front  ranks,  so  that  before  he  had 
reached  the  age  of  forty  he  had  carved  for  himself  a  niche  in  Chicago's  temple 
of  fame.  To  his  clients,  as  well  as  his  friends,  Mr.  Hayes  gave  himself  and  his 
utmost  powers  with  lavish  prodigality,  and  with  the  highest  sense  of  duty  and 
devotion.  He  was  w^arm-hearted,  generous  and  loyal  to  his  friends;  he  made 
new  ones  wherever  he  went  and  he  never  lost  them.  Whether  in  the  bitterness 
of  political  strife  or  the  intensity  of  a  lawsuit,  his  cheerfulness  and  good  nature 
never  left  him.  He  was  always  self-possessed  and  was  always  considerate  of  the 
feelings  of  others.  A  prominent  citizen  said  of  him :  "I  never  knew^  a  man  who 
so  w^on  the  love  of  men."  This  is  a  simple  but  eloquent  tribute  to  his  sterling 
worth  and  high  character,  for  it  is  only  noble  qualities  that  command  the  love  of 
our  fellow^  men.  He  was  true  and  faithful  in  all  the  relations  of  life,  was  an  able 
and  aggressive  lawyer,  a  vigorous  but  courteous  opponent  and  always  com- 
manded the  respect  of  the  bench  and  bar.  He  died  November  i,  1898,  and  his 
remains  were  interred  in  the  old  family  lot  in  Johnstown,  New  York.  Thus 
passed  from  our  midst  one  of  the  most  able  lawyers  that  has  ever  practiced  at  the 
bar  of  Illinois, — one  no  less  esteemed  for  his  worth  of  character  than  for  his 
superior  talents  of  jurisprudence. 

Samuel    Shaw    Parks   is   numbered   among  the   representative  citizens  of 


THE  BENCH  AND  BAR  OF  ILLINOIS.  385 

Chicago  that  Massachusetts  has  furnished  to  the  western  metropohs.  He  was 
bom  in  Palmer,  that  state,  on  the  6th  of  May,  1863.  His  parents  were  WilHam 
R.  and  Dora  (Shaw)  Parks,  the  former  bom  in  Palmer,  in  1833,  the  latter  bom  in 
Albany,  New  York,  in  the  same  year.  She  was  a  daughter  of  Dr.  Samuel  Shaw, 
one  of  the  first  homeopathic  physicians  of  western  Massachusetts  and  a  very 
prominent  and  influential  citizen,     - 

Liberal  educational  privileges  fitted  Mr.  Parks  for  the  duties  of  lite.  He 
was  graduated  in  the  Monson  Academy,  in  Monson,  Massachusetts,  with  the 
class  of  1882,  and  then  entered  Amherst  College,  where  he  completed  the  pre- 
scribed course  by  graduation  with  the  class  of  1886.  During  his  course,  he 
became  a  member  of  the  Beta  Theta  Pi  fraternity.  In  1886  he  came  to  Chicago 
and  in  1888  was  graduated  from  the  Union  College  of  Law  of  this  city.  Here 
he  became  a  member  of  the  Phi  Delta  Phi — a  legal  fraternity.  In  June,  1888, 
he  was  admitted  to  the  bar  and  for  the  past  decade  has  been  an  active  member  of 
the  profession,  engaged  in  general  practice,  with  offices  in  the  Ashland  Block. 
Earnest  purpose  and  untiring  effort  have  gained  him  the  success  he  has  achieved, 
— success  that  would  be  creditable  to  a  man  of  older  years. 

On  the  6th  of  August,  1888,  Mr.  Parks  was  united  in  marriage  to  Miss  Grace 
Runyan,  a  daughter  of  Eben  F.  Runyan,  one  of  the  oldest  and  most  prominent 
lawyers  of  Chicago.  They  have  two  children :  Clarence  Runyan,  born  August 
3,  1890,  and  Dora  Ruth,  born  July  19,  1892.  Socially  Mr.  Parks  is  connected 
with  the  Menoken  Club  and  with  various  Democratic  organizations,  being  a 
warm  advocate  and  ardent  supporter  of  the  Democratic  party  and  a  firm  believer 
in  the  Chicago  platform. 

William  F.  Wiemers,  of  Chicago,  was  born  on  the  14th  day  cf  February, 
1857,  his  parents  being  natives  of  Germany.  His  early  hfe  was  passed 
upon  an  Illinois  farm.  He  received  his  elementary  education  in  the  public 
schools  of  his  neighborhood,  and  supplemented  the  same  by  a  course  of  study 
at  Shurtleff  College,  Upper  Alton,  Illinois,  at  which  institution  he  was  gradu- 
ated in  1882.  He  then  entered  the  Union  College  of  Law,  of  Chicago,  and  on  the 
completion  of  the  course  was  graduated  in  the  class  of  1884  and  admitted  to  the 
bar.  He  at  once  opened  an  office  in  the  city  of  Chicago,  and  has  enjoyed  a  con- 
stantly increasing  practice,  which  is  mostly  confined  to  civil  matters,  embracing 
some  important  litigated  interests.  In  1893  he  was  appointed  master  in  chancery 
of  the  circuit  court  of  Cook  county,  lUinois,  a  position  which  he  still  holds  and 
for  which  his  painstaking,  methodical,  conservative  nature  and  careful  profes- 
sional habits  especially  fit  him. 

In  politics  he  is  a  Republican.  He  is  a  logical  thinker,  a  fluent  writer,  and 
has  made  frequent  contributions  of  interest  to  the  local  press  on  current  subjects 
and  questions  of  a  politico- legal  character.  At  all  times  and  all  places  he  com- 
mands the  respect  and  esteem  of  his  fellow  men  by  his  upright  life,  his  versatility, 
marked   intellectuality  and  unfailing  courtesy. 

In  1889  Mr.  Wiemers  w'as  united  in  marriage  to  Miss  Clara  B.  Kenison. 
Socially  he  is  connected  with  the  Marquette  and  Hamilton  Clubs  and  with  the 
Masonic  fraternity. 


386  THE  BENCH  AND  BAR  OF  ILLINOIS. 

John  W.  Ela,  of  Chicago,  is  a  native  of  New  Hampshire.  He  was  bom  in 
184a,  in  the  town  of  Meredith,  on  the  sliore  of  Lake  Winnepesaiikee.  His  boy- 
hood and  youth  were  passed  in  \ew  England,  and  having  determined  to  enter 
the  legal  profession  he  prepared  for  the  bar  at  the  Harvard  Law  School  and  i" 
the  office  of  Judge  Samuel  W.  Rollins,  of  Meredith. 

He  commenced  practice  at  Plymouth.  Xew  Hampshire,  and  was  gradu- 
ally building  up  a  good  clientage  when  the  civil  war  was  inaugurated,  and  iu 
1863  he  enlisted  in  the  Union  army,  assisted  in  raising  Company  B.  of  the 
Fifteenth  New  Hampshire  \'oluntcers,  became  captain  of  that  company  aiiii 
served  until  his  regiment  was  mustered  out.  at  the  end  of  its  term.  Attracted  by 
the  west.  Mr.  Ela  then  came  to  Chicago  and  has  for  more  than  a  quarter  of  a 
century  been  a  member  of  the  bar  d(  this  city  and  one  of  the  prominent  and 
successful  lawyers  of  the  state.  He  framed  the  Illinois  civil-service  law, — the  fitst 
law  of  that  character  passed  by  a  western  state, — and  was  at  the  head  of  the 
movement  which  resulted  in  its  passage  by  the  legislature  and  its  adoption  by 
the  city  of  Chicago.  When  he  drafted  the  bill  Mr."  Ela  was  president  of  ihe 
Chicago  Civil  Service  Reform  Association,  and  was  an  earnest  and  active  worker 
in  the  organization  of  which  he  was  the  head.  He  labored  almost  continuously 
for  the  "merit  system"  from  the  time  the  idea  was  put  before  the  people  of  the 
west  until  it  became  a  law.  and  his  capability  to  handle  this  subject  resulted  not 
only  from  a  broad  knowledge  o(  law  and  the  need  of  purity  in  politics,  but  also 
from  study  and  investigation  into  the  subject  of  the  civil  service  in  the  com- 
munities— city,  state  and  national — where  it  was  in  operation.  Probably  no 
man  in  the  country  is  better  informed  on  the  subject  than  John  W.  Ela.  He  has 
for  some  years  been  an  active  member  of  the  executive  committee  of  the  Nationa\ 
Civil  Service  Reform  League,  of  which  league  George  William  Curtis  was  one 
of  the  founders  and  the  first  president,  and  of  which  Carl  Schurz  is  now 
president. 

Mr.  Ela  was  one  of  the  counsel,  before  the  supreme  court  of  this  state, 
who  argued  for  the  constitutionality  of  the  Illinois  act.  He  was  counsel  for  the 
civil  service  commission  of  Chicago,  in  the  case  against  the  board  of  education  of 
Chicago,  in  which  Judge  Tuley,  of  the  circuit  court,  decided  that  that  board 
must  come  under  the  civil-service  law,  and  argued  the  case  (or  the  commission 
before  the  supreme  court,  upon  the  appeal  by  the  board.  He  was  counsel  for 
the  civil  service  commission  in  the  suit  against  the  secretary  of  the  commissioner 
of  public  works,  of  Chicago,  to  compel  the  giving  of  testimony  before  the  com- 
mission, in  which  suit  the  constitutionality  of  that  provision  of  the  law  was 
attacked  by  the  defense.  He  was  also  counsel  for  the  commission  in  the 
mandamus  suits  in  the  supreme  court  to  compel  all  appointments  to  positions  in 
the  offices  of  the  city  collector,  city  clerk,  city  treasurer  and  city  comptroller  to 
be  made  under  the  provisions  of  the  act;  claiming  that  the  act  covers  all  these 
offices;  and  he  made  the  argument  in  that  court  for  the  commission.  Mr.  Ela 
was  president  of  the  police  commission  (the  other  members  being  John  H. 
Hamline  and  Harry  Rubens)  appointed  by  Mayor  Hopkins,  in  1894,  to  put  the 
Chicago  police  department  under  the  merit  system;    which  commission  made 


THE  BENCH  AND  BAR  OF  ILLINOIS,  387 

the  first  application  of  the  reform  in  Chicago,  and  gave  the  people  an  object 
lesson  as  to  its  benefits. 

Among  the  other  matters  of  a  public  nature  in  which  Mr.  Ela  has  been 
counsel  may  be  mentioned  his  appointment  by  Governor  Altgeld  to  assist  in  the 
defense  of  the  state,  in  the  supreme  court,  in  the  combined  attack  upon  the  con- 
stitutionality of  the  state  factory  law;   involving  the  question,  among  others,  of 
the  validity  of  the  provision  establishing  an  "eight-hour  day"  for  women.     In 
1895  ^c  was  employed  by  the  Chicago  Times-Herald  to  go  to  Springfield  as  its 
counsel  and  render  opinions  on  proposed  laws  pending  in  the  legislature.     There 
was  considerable  excitement  during  that  session  over  the  veto,  by  Governor  Alt- 
geld, of  several  bills  favoring  certain  classes,  or  corporations,  claimed  to  have 
been  passed  by  corrupt  means,  and  the  efforts  of  their  friends  to  pass  them  over 
the  veto;    and  over  other  supposed  corrupt  bills  still  pending.     The  Times- 
Herald  employed  Mr.  Ela  to  go  to  Springfield  to  examine  the  vetoed  bills  and 
all  proposed  measures  which  could  affect  the  public,  and  give  his  unbiased 
opinion  upon  such  measures  and  their  effect  if  they  should  become  laws.    These 
opinions  were  published  in  that  journal  from  time  to  time  until  the  close  of  the 
session.     It  was  a  session  noted  as  a  "record-breaker"  in  alleged  attempts  to 
accomplish  corrupt  legislation.     As  to  the  results  of  the  efforts  of  Mr.  Ela  and 
the  Times-Herald  it  is  only  fair  to  say  that,  notwithstanding  the  extraordinary 
activity  of  the  friends  of  the  vetoed  bills  (which  were  all  opposed  by  these 
opinions,  and  by  the  paper)  not  one  of  them  was  passed  over  the  veto,  and 
scarcely  one  of  the  measures  denounced  in  the  opinions  and  the  paper  has  yet 
become  a  law.     There  was  considerable  indignation  expressed  by  some  of  the 
legislators,  at  first,  on  the  assumption  that  Mr.  Ela  came  there  to  watch  over 
them;  but,  as  the  character  of  his  services  developed,  there  was  general  com- 
mendation of  the  work  he  was  accomplishing. 

While  a  Democrat  in  national  politics,  Mr.  Ela  has  always  opposed  carrying 
party  politics  into  local  elections.  He  has  actively  supported  every  "citizens' 
movement"  in  city  elections  in  Chicago.  He  has  been  a  member  of  the  execu- 
tive committee  of  the  Civic  Federation,  and  its  vice-president ;  was  chairman  of 
the  committee  which  prosecuted  the  election  frauds ;  vice-president  of  the  Army 
and  Navy  League,  which  did  such  effective  work  in  assisting  Chicago  soldiers 
and  their  families  during  the  war  with  Spain,  and  has  been  president  of  the 
Chicago  Philosophical  Society. 

Miles  J.  Devine. — The  true  measure  of  individual  success  is  determined  by 
what  one  has  accomplished,  and,  as  taken  in  contradistinction  to  the  old  adage 
that  a  prophet  is  not  without  honor  save  in  his  own  country,  there  is  particular 
interest  attaching  to  the  career,  of  the  subject  of  this  review,  since  he  is  a  native 
son  of  the  place  where  he  has  passed  his  active  life,  and  so  directed  his  ability 
and  efforts  as  to  gain  recognition  as  one  of  the  representative  citizens  of  Chicago. 
He  is  actively  connected  with  a  profession  which  has  important  bearing  upon  the 
progress  and  stable  prosperity  of  any  section  or  community,  and  one  which 
has  long  been  considered  as  conserving  the  public  welfare  by  furthering  the  ends 
of  justice  and  maintaining  individual  rights.     He  ranks  among  the  leading  young 


388  THE  BENCH  AND  BAR  OF  ILLINOIS, 

lawyers  of  the  city  and  is  now  acceptably  filling  the  important  position  of  city 
attorney. 

Mr.  Devine  was  born  in  Chicago,  November  ii,  1866,  and  is  a  son  of  Patrick 
and  Elizabeth  Devine.     His  preliminary  education  w^as  acquired  in  the  common 
schools,  and  after  his  graduation  at  the  high  school  he  attended  successively  the 
St.  Francis  Seminary,  of  Bay  View%  Wisconsin,  the  Seminary  of  Our  Lady  of 
Angels,  of  Niagara,  New  York,  and  Lake  Forest  University.     When  his  literary 
education  was  completed  he  turned  his  attention  to  the  study  of  law  as  a  student 
of  the  Chicago  College  of  Law,  and  was  graduated  in  that  institution  in  June, 
1890.     His  success  at  the  bar  was  marked  and  immediate.     No  dreary  novitiate 
awaited  him,  for  almost  immediately  he  had  secured  a  fair  patronage,  which  has 
steadily  increased  until  it  has  reached  extensive  proportions.     He  seems  to  have 
a  natural  discrimination  as  to  legal  ethics,  and  he  is  so  thoroughly  well  read  in 
the  minutiae  of  the  law  that  he  is  able  to  base  his  arguments  upon  thorough 
knowledge  of  and  familiarity  with  precedents,  and  to  present  a  case  upon  its 
merits,  never  failing  to  recognize  the  main  points  at  issue,  and  never  neglecting 
to  give  a  thorough  preparation.     His  pleas  have  been  characterized  by  a  decisive 
logic  and  a  lucid  presentation  rather  than  by  oratory,  although  he  is  well  known 
as  a  public  speaker  and  orator,  and  his  power  is  the  greater  before  court  or  jury 
from  the  fact  that  it  is  recognized  that  his  aim  is  ever  to  secure  justice  and  not 
to  enshroud  the  cause  in  a  sentimental  garb  or  illusion  w^hich  will  thwart  the 
principles  of  right  and  equity  involved. 

Mr.  Devine  first  became  a  member  of  the  law  firm  of  Devine  &  O'Connell, 
and  had  not  long  been  in  public  life  before  his  ability  was  recognized,  and  in 
1892  he  w-as  appointed  by  Hon.  Carter  Harrison,  Sr.,  to  the  position  of  assistant 
city  prosecuting  attorney,  and  Mayor  Hopkins  and  Mayor  Swift  both  continued 
him  in  that  place.     By  this  time  his  private  practice  had  grown  to  such  propor- 
tions that  he  resigned  his  position  in  order  to  devote  his  entire  time  to  the  inter- 
ests of  his  cHents.     But  the  public  refused  to  permit  him  thus  to  retire  to  private 
life.     In   1893  he  was  nominated  by  the  Populists  of  the  fifteenth   senatorial 
district  for  state  senator,  but  on  account  of  his  pressing  business   duties  he 
declined  the  nomination.     In  August,  1896,  he  declined  the  nomination  of  his 
party  for  congress,  but  during  the  memorable  campaign  of  that  year  he  labored 
earnestly  for  the  free-silver  platform  and  its  representatives.     In  March,  1897, 
he  reluctantly  consented  to  accept  the  nomination  for  city  attorney,  the  w^elfare 
of  his  party  outweighing  all  personal  considerations.     He  was  elected  by  the 
greatest  plurality  ever  given  a  city  attorney  in  the  history  of  Chicago  or  any 
other  American  city,  and  is  now  discharging  the  duties  of  the  office  in  a  manner 
highly  satisfactory  to  all  concerned.     He  is  vice-president  and  chairman  of  the 
executive  committee  of  the  Cook  County  Democracy  and  his  labors  in  behalf  oi 
the  party  have  been  most  effective. 

On  the  2 1  St  of  October,  1886,  Mr.  Devine  married  Miss  Emma  Gamash,  oi 
Lake  county,  Illinois,  and  they  have  four  children :  Miles  J.,  Jr.,  Paul  P.,  Leo  T- 
and  Mabel  R.  Mr.  Devine  has  a  genial,  social  nature,  and  his  courteous  deport- 
ment ever  bespeaks  the  character  of  the  true  gentleman. 


■■%. 


i'.y.-2i<,u 


THE  BENCH  AND  BAR  OF  ILLINOIS.  389 

Edward  Swift  Isham,  senior  member  of  the  law  firm  of  Isham,  Lincoln  & 
Beale,  was  born  in  Bennington,  Vermont,  January  15,   1836.     His  American 
ancestry  had  its  beginning  with  John  Isham,  a  native  of  Northamptonshire, 
England,  who  coming  first  to   Newburyport  settled  afterward  in  Barnstable, 
Massachusetts,  and  was  there  married,  December  16,  1667,  to  Jane,  daughter  of 
Robert  Parker,  of  Barnstable.     This  pioneer's  will  was  admitted  to  probate  at 
Barnstable,   October   10,   1713.     His   second   son,   Isaac   Isham,  was   born   in 
February,  1682,  and  was  married  May  3,  1716,  to  Thankful,  daughter  of  Thomas 
Lumbert,  Jr.,  and  his  will  was  probated  at  Barnstable,  August  5,  1771.    The  third 
son  of  Isaac  Isham  was  John  Isham,  born  in  Barnstable  August  6,  1721,  who,  in 
his  youth  removed  to  Colchester,  Connecticut,  where  he  married,  December  19, 
1751,  Dorothy,  daughter  of  Ephraim  Foote  of  that  town,  and  died  March  2,  1802. 
He  commanded  a  company  of  colonial  soldiers  in  the  French  and  Indian  wars. 
His  son,  Ezra  Isham,  born  in  Colchester  March  15,  1773,  settled  in  Manchester, 
Vermont,  in  1795,  or  a  little  later,  and  was  for  many  years  the  leading  physician 
of  that  region,  his  death  occurring  February  8,  1835.     Dr.  Ezra  Isham  was  mar- 
ried June  21,  1 801,  to  Anna  (Nancy)  Pierpont,  a  daughter  of  Robert  Pierpont  of 
Manchester,  Vermont,  who  was  the  son  of  James  Pierpont  of  New  Haven,  and 
grandson  of  the  Rev.  James  Pierpont,  for  thirty  years,  from  1684,  pastor  of  the 
First  church  of  New  Haven,  and  of  his  wife,  Mary  Hooker,  granddaughter  of 
Rev.  Thomas  Hooker,  pastor  of  the  church  of  Newtown  (now  Cambridge),  Mas- 
sachusetts, who  led  the  migration  of  that  church  to  Connecticut,  in  1636,  and  was 
the  first  minister  settled  at  Hartford.     James  Pierpont  was  the  cousin  of  Jonathan 
Edwards,  the  younger;   of  President  Timothy  Dwight,  of  Yale;   and  of  Aaron 
Burr.     Pierpont  Isham,  son  of  Dr.  Ezra  Isham  and  Anna  Pierpont,  was  born  in 
Manchester,  August  5,  1802,  and  died  in  New  York,  March  8,  1872.     He  married 
Semanthe,  daughter  of  Noadiah  Swift,  M.  D.,  of  Bennington,  a  physician  and  a 
citizen  of  much  distinction,  and  a  son  of  Rev.  Job  Swift,  D.  D.,  who  was  a  grad- 
uate of  Yale  in  the  class  of  1765,  and  who  was  called  "The  Apostle  of  Vermont," 
at  his  death.     Pierpont  Isham  became  a  lawyer  of  distinction  and  was  for  a 
considerable  period  a  justice  of  the  supreme  court  of  Vermont. 

Edward  S.  Isham,  the  subject  of  this  sketch,  is  the  eldest  son  of  Judge 
Pierpont  Isham.     His  early  boyhood  was  passed  in  the  beautiful  region  border- 
ing Xew  York  and  Massachusetts,  among  the  mountains  which,  on  the  Massa- 
chusetts  side,  break  down  into  what  are  known  as  the  Berkshire  hills.     The 
requirements  of  a  delicate  constitution  caused  interruption  of  his  studies  at 
the  age  of  sixteen,  and  he  spent  the  years  1850  and  185 1  among  the  mountains 
of  South  Carolina,  in  search  of  health  and  strength.     Returning  to  the  north, 
he  completed  his  preparatory  course  at  Lawrence  Academy,  Groton,   Massa- 
chusetts.     He  matriculated   in   Williams   College   in    1853,   was   graduated   in 
1857,   and   by  invitation  of  the  faculty  returned  thither  in    i860  to  deliver  a 
master's  oration,  and  is  a  member  of  the  Phi  Beta  Kappa  society.     After  study- 
ing law   in  his  father's  office,  and  at  the  law  school  of  Harvard  College,  he 
was  admitted  to  the  bar,  at  Rutland,  Vermont,  in  the  autumn  of  1858.    He  soon 
started  west,  intending  to  locate  either  in  St.  Louis  or  in  St.  Paul,  but  on  reach- 


390  THE  BENCH  AND  BAR  OF  ILLINOIS. 

ing  Chicago  en  route  and  viewing  its  possibilities,  years  passed  before  he  saw 
either  St.  Paul  or  St.  Louis.  After  a  short  time  spent  in  the  law  office  of  Hoyne, 
Miller  &  Lewis,  Mr.  Isham,  in  the  spring  of  1859,  formed  a  partnership  with 
James  L.  Stark,  a  Vermont  acquaintance,  under  the  firm  name  of  Stark  & 
Isham, — a  connection  which  lasted  until  1861.  His  superior  abilities  soon  gave 
him  a  prominent  position  at  the  bar,  and  business  came  to  him  freely.  In  1864 
he  was  elected  a  member  of  the  Illinois  legislature,  and  during  his  term  served 
upon  the  judiciary  committee.  He  spent  the  years  1865  and  1866  in  Europe, 
and  upon  his  return  he  again  took  up  his  practice,  which  rapidly  increased  and 
soon  became  as  important  and  lucrative  as  that  of  any  lawyer  at  the  Chicago 
bar.  In  February,  1872,  the  partnership  of  Isham  &  Lincoln  began,  and  this 
association  has  existed  ever  since.  In  1886  William  G.  Beale  was  admitted  to 
the  firm  and  the  name  was  enlarged  to  that  of  Isham,  Lincoln  &  Beale  (which 
still  obtains)  and  later  Mr.  Isham's  son,  Pierpont,  became  a  member. 

Of  the  many  eminent  lawyers  who  have  honored  the  Chicago  bar  during  the 
past  forty  years  Mr.  Isham  is  one  of  the  most  eminent.  He  belongs  to  the 
inner  circle  of  the  bar.  His  professional  life  has  been  passed,  for  the  most 
part,  upon  the  highest  plane  of  legal  work.  The  care  of  interests  involving 
largely  the  element  of  personal  trust,  the  conduct  of  important  equity  causes, 
the  legal  direction  of  corporate  affairs,  litigation  connected  with  railroad  fore- 
closures,— these  matters  have  constituted  the  greater  part  of  his  practice,  though 
he  has  not  infrequently  been  engaged  in  jury  cases.  The  field  of  his  professional 
labors  has  extended  into  many  jurisdictions,  and  his  fine  legal  attainments,  his 
scholarly  and  forceful  arguments,  his  many  successes,  have  given  him  a  wide 
and  merited  reputation.  Perhaps  his  forte  as  a  lawyer  lies  in  his  power  to 
analyze  and  expound  purely  legal  questions,  and  this  is  coupled  with  a  rare  gift 
for  luminous  statement,  at  once  convincing  and  elegant.  His  opinions  and  his 
counsel  are  much  sought  for  the  guidance  of  large  financial  interests  and  for 
the  solution  of  perplexing  legal  problems. 

Among  important  cases  of  public  interest  with  which  Mr.  Isham  has  been 
connected  was  that  concerning  the  distribution  of  the  estate  of  Walter  L.  New- 
berry, and  the  establishment  of  the  splendid  library  which  he  endowed.  Mr. 
Isham  was  always  the  counsel  of  the  trustees  of  the  estate  and  conducted  the 
litigation  in  which  that  estate  was  involved  from  time  to  time.  In  that  case 
the  question  was  one  of  construction  involving  the  meaning  of  a  specific  direction 
in  Mr.  Newberry's  will.  The  testator,  who  died  at  sea,  November  6,  i858,  left 
a  widow  and  two  young  daughters.  In  his  will,  after  providing  for  them,  he 
considered  the  contingency  of  the  death,  without  issue,  of  both  his  daughters, 
which  meant  the  complete  extinguishment  of  his  immediate  family.  In  that 
event  he  directed  that  upon  the  death  of  the  last  survivor  of  its  three  members, 
the  estate  should  be  divided  by  his  trustees  into  two  equal  parts,— one  to  be 
distributed  among  **the  surviving  descendants"  of  his  brothers  and  sisters,  and 
the  other  to  be  applied  by  the  trustees  to  the  founding  of  a  free  public  library 
in  Chicago.  It  is  known  that  he  estimated  at  forty  per  cent,  the  chances  that 
this  provision  for  a  library  would  take  effect.     Mrs.  Newberry  renounced  the 


THE  BENCH  AND  BAR  OF  ILLINOIS, 

provision  made  for  her  by  the  will,  and  claimed,  and  received  instead  o 
share  of  the  estate  given  her  by  statute.     The  testator's  two  children 
1874  and   1876  respectively.     The  contest  was   commenced   by  the   cc 
relatives  in  April,  1877,  by  application  to  the  court  of  chancery  to  coi 
once  a  distribution  of  the  estate  to  them,  though  only  the  two  daughters  h 
and  Mrs.  Newberry  was  still  living.     Incidentally,  the  library  provision 
take  effect   at'  the  same   time. .     As   Mrs.   Newberry  had   survived   bo 
daughters,  the  direction  in  the  will  was,  in  effect,  to  divide  the  estate  at  her 
The  theory  of  the  complainants  was  that  the  devise  was  of  three  life-( 
and  that  the  object  of  the  postponement  of  distribution  was  to  give  efi 
them ;  that  the  gift  over  to  complainants  was  intended  to  be  limited  not  up 
lives,  but  upon  the  life  estates,  and  the  estates  being  ended  by  the  death 
daughters  and  the  renunciation  of  the  widow,  the  distribution  should  be 
at  once.     To  this  it  was  answered  for  the  trustees  that  the  life  estate  < 
widow  was  not  ended  by  her  renunciation ;  that  she  thereby  had  merely  s 
tuted  the  life  estate  given  by  statute  for  the  life  estate  given  in  lieu  of  it  b] 
so  that  even  if  the  gifts  over  were  in  fact  not  limited  upon  the  end  of  the 
lives,  but  upon  the  end  of  the  estates,  the  estates  were  not  ended,  and  th 
tribution  could  not  be  accelerated.     Moreover,  the  direction  to  distribute  < 
death  of  Mrs.  Newberry  could  not  be  construed  to  mean  at  the  end  of  ht 
estate,  for  the  death  entered  into  the  description  of  the  persons  to  whon 
estate  was  given.     The  "surviving  descendants"  meant  those  surviving  a 
death  of  Mrs.  Newberry,  and  if  the  court  should  give  the  word  **death' 
meaning  of  **the  end  of  her  life  estate,"  or  any  other  than  its  natural  and  ordi 
meaning,  it  would  not  merely  accelerate  the  possession  of  the  property  b 
owner  certain  at  some  time  to  become  entitled  to  receive  it,  but  would  ch> 
the  donees  from  survivors  at  one  time  to  survivors  at  another,  and  so  give  to 
class  of  persons  an  estate  that  was  devised  to  another  class.    In  the  circuit  c< 
decree  w-as  made  as  sought  by  complainants,  in  July,  1877,  for  the  immec 
distribution  of  the  estate.     Appeal  was  taken,  however,  to  the  supreme  cc 
and  upon  argument  at  Springfield  the  decree  of  the  court  below  was  rever 
in  June,    1878.     Afterward  a  petition  and  an  amended  petition  for  reheai 
were  filed  by  Messrs.  Wirt  Dexter  and  E.  B.  McCagg  and  Judge  Charles 
Lawrence.     The  rehearing  was  granted,  and  the  cause  was  again  arguec 
Springfield,  in  January,  1880.     From  the  fact  that  the  rehearing  was  thus  allo> 
it  was  generally  anticipated  that  the  conclusions  of  the  court  would  be  chang 
and  the  decree  for  distribution  affirmed;  but  after  the  argument  the  court  h 
to  its   original  judgment,  and  ordered  the  first  opinion  to  be  refiled.     Tl 
again,  in  June,  1880,  another  rehearing  was  obtained  from  the  supreme  co 
and  an  oral  argument  ordered,  but  before  the  cause  was  reached  for  rear^ 
ment,  Mr.   Isham  moved  the  court  to  rescind  the  order  for  rehearing,  on  1 
ground  that  when  it  was  made  the  court  had  no  power  to  make  it,  and  that  t 
time  was  past  within  which  it  had  any  power  to  disturb  the  twice  entered  jud 
ment.     In   this  situation  the  complainants  secured  the  intervention  of  the  j 
torney   general  of  the  state,  asking  a  reconsideration  on  behalf  of  the  pub 


392  THE  BENCH  AND  BAR  OF  ILLINOIS. 

interest  in  the  library  bequest.     The  order  for  rehearing  was  rescinded  by  the 
supreme  court,  and  the  application  of  the  attorney  general  was  refused.    Then, 
when  the  cause  was  redocketed  in  the  court  below,  the  complainants  amended 
their  bill  making  the  attorney  general  a  party.     He  filed  a  cross  bill,  to  which  the 
trustees  demurred;  the  demurrer  was  sustained,  and  the  amended  and  cross 
bills  were  dismissed.     Then  an  appeal  was  taken  by  the  complainants  and  the 
attorney  general  to  the  supreme  court,  and  the  subject  of  the  relation  of  the 
attorney  general  to  trusts  for  public  charities  was  argued  at  Ottawa.    The  court 
refused  to  change  its  conclusions,  and  in  April,  1883,  the  struggle  to  disturb  the 
disposition  of  the  will  at  last  came  to  an  end.     (99  IlHnois  Reports,  11;  100 
Illinois   Reports,  484;   106  Illinois   Reports,   584.)       Mrs.   Newberry  died  in 
December,  1885,  and  the  library  endowment,  greatly  enhanced  by  the  accumu- 
lations during  her  lifetime,  amounted  then  to  nearly  three  millions  of  dollars. 

Another  case  of  public  interest  with  which  Mr.  Isham  was  connected  was 
that  relating  to  the  mayoralty  of  the  city  of  Chicago,  when  it  became  incor- 
porated under  the  general  law  of  the  state,  in  April,  1875.     At  that  time  Harvey 
D.  Colvin  was  the  mayor  of  the  city,  elected  under  the  old  charter.     It  was 
claimed  by  his  adherents  that  the  new  incorporation  law  operated  to  extend 
his  term  of  office  nearly  two  years,  until  April,  1877.     The  matter  was  taken 
in  hand  by  the  Citizens'  Association,  and  application  for  a  writ  of  mandamus, 
directing  the  city  council  to  call  a  special  mayoral  election,  was  made  by  Isham 
and  Lincoln  in  the  supreme  court,  on  the  petition  of  Charles  M.  Henderson, 
George  Armour  and  Mark  Skinner.     The  cause  was  argued  in  the  supreme 
court,  in  January,  1876,  by  Melville  W.  Fuller,  the  present  chief  justice  of  the 
United  States,  and  by  Mr.  Isham  for  the  relators,  and  by  Mr.  Root  and  Judge 
Corydon  Bcckwith  for  the  respondents.     There  being  at  the  time  one  vacancy 
in  the  bench,  the  court  consisted  of  six  judges  and  was  equally  divided  upon 
the  question  submitted,  so  that  under  the  constitution  the  singular  instance 
occurred  of  a  court  unable  to  render  any  decision  whatever  in  a  cause  which  the 
court  declared  "involved  public  interests  of  the  gravest  importance."     Aftenvard 
an  election  was  held. 

In  1883  ^^r-  Isham  argued  before  Judge  AlcCreary,  in  the  United  States 
circuit  court,  at  Topcka,  Kansas,  the  case  of  Benedict  versus  the  St.  Joseph  & 
Western  Railroad  Company,  and  procured  the  appointment  of  a  receiver,  by 
which  that  road  was  taken  from  the  Union  Pacific  Railroad  Company  and  re- 
organized. His  firm  was  instrumental  in  procuring  from  Judge  Gresham  a 
change  of  receivers  for  a  portion  of  the  Wabash,  St.  Louis  &  Pacific  Railway 
system  east  of  the  Mississippi  river,  and  subsequently  continued  to  be  con- 
nected with  the  widely  discussed  litigation  to  which  that  change  was  intro- 
ductory. 

In  1886,  during  the  great  railroad  strike,  at  a  time  when  the  supineness  and 
inefficiency  of  the  state  authorities  left  the  traffic  of  many  railroads  at  the  mercy 
of  the  strikers,  Mr.  Isham,  representing  the  Lake  Shore  road,  secured  the  inter- 
vention of  the  United  States  circuit  court  at  Indianapolis,  on  the  ground  that 
the  commerce  obstructed,  being  inter-state,  was  carried  on  in  the  exercise  of  a 


THE  BENCH  AND  BAR  OF  ILLINOIS,  393 

right  secured  by  the  laws  of  the  United  States.  A  temporary  injunction  was 
issued  against  the  principal  strikers,  and  the  order  asserted  the  jurisdiction 
of  the  federal  court  and  "signified  a  change  from  the  local  to  the  national  author- 
ity and  law  in  the  matter  of  dealing  with  obstructionists/* 

Among  other  important  cases  which  he  has  argued,  some  of  which  have 
become  leading  cases  upon  the  subjects  involved,  and  some  of  which,  in  the 
supreme  court  of  the  United  States,  have  involved  grave  constitutional  ques- 
tions, may  be  specially  noted:     Brine  versus  Insurance  Company  (96  United 
States,  627),  with  its  connected  case  of  Warner  versus  the  Connecticut  Mutual 
Life  Insurance  Company  (109  United  States,  357) ;  Pickard,  Comptroller,  versus 
Pullman  Southern  Car  Company  (117  United  States,  34);  Rand  versus  Walker 
(lb.,  340) ;  Pullman  Palace  Car  Company  versus  Texas  &  Pacific  Railroad  Com- 
pany (11   Federal  Rep.,  625);  Union  Trust  Company  versus  Illinois  Midland 
Railway  Company  (117  United  States,  434);  Kingsbury  versus  Buckner  (70 
Illinois,   514);   Central  Transportation   Company  versus   Pullman   Palace   Car 
Company   (139  United   States,  24) ;  Windett  versus  the   Connecticut   Mutual 
Life  Insurance  Company  (130  Illinois  Reports,  621) ;  Pullman's  Palace  Car  Com- 
pany versus  Central  Transportation  Company,  United  States  supreme  court. 
May  31,  1898  (not  yet  reported). 

Almost  from  the  time  of  its  organization  Mr.  Isham  has  been  a  prominent 
member  of  the  Chicago  Literary  Club  and  has  delivered  many  addresses  before 
that  body  on  the  occasions  of  its  public  receptions.     He  wrote  an  article  on 
the  **Social  and  Economic  Relations  of  Corporations'*  in  the  Encyclopedia  of 
Political  Science,  and  prepared  an  address  read  before  the  New  York  Historical 
Society  on  "Frontenac  and  Miles  Standish  in  the  Northwest,"  and  in  November, 
1898,  delivered  the  annual  address  before  the  Vermont  Historical  Society,  at 
Montpelier.     In  1893  he  received  the  degree  of  LL.  D.  from  Williams  College. 
In  1861  Mr.  Isham  was  united  in  marriage  to  Miss  Fannie,  daughter  of 
Hon.    Thomas    Burch,    of    Little    Falls,    New    York,    and    they    became    the 
parents  of  two  sons  and  two  daughters.     Mrs.  Isham  died  February  9,  1894. 
The  elder  son,  Pierpont,  was  graduated  in  the  United  States  Military  Acad- 
emy, at  West  Point,  in  1887,  served  for  a  time  in  the  Seventh  Cavalry,  at  Fort 
Riley,  and  afterward  in  the  Third  Cavalry,  at  San  Antonio,  Texas,  and  is  now 
the  junior  partner  in  the  firm  of  Isham,  Lincoln  &  Beale.     The  younger  son, 
Edward  S.,  was  graduated  at  Yale  in  1891,  and  is  now  connected  with  commer- 
cial interests. 

John  H.  Hamline. — The  specific  and  distinctive  office  of  biography  is  not  to 
give  voice  to  a  man's  modest  estimate  of  himself  and  his  accomplishments,  but 
rather  to  leave  the  perpetual  record  establishing  his  character  by  the  consensus 
of  opinion  on  the  part  of  his  fellow  men.  That  Mr.  Hamline  occupies  a  notable 
position  among  the  able  lawyers  of  Illinois  is  shown  by  the  many  times  his  pro- 
fessional associates  have  honored  him  with  official  preferment  in  their  fraternal 
organizations ;  and  that  the  public  accords  him  prominence  is  demonstrated  by  the 
liberal  clientage  which  he  now  enjoys.  It  is  therefore  fitting  that  Mr.  Hamline 
be  numbered  among  the  leaders  of  the  bench  and  bar  of  Illinois,  that  future 


394  THE  BENCH  AND  BAR  OF  H^LINOIS, 

generations  may  know  something  of  the  part  which  he  played  in  forming  the 
judicial  history  of  the  state. 

He  was  born  in  Schenectady,  New  York,  on  the  23d  of  March,  1856,  and 
completed  his  literary  education  by  his  graduation  at  the  Northwestern  Uni- 
versity, of  Evanston,  in   1875.     He  then  entered  the  Columbia  College  Law 
School,  was  graduated  in  1877  ^^^  '"  the  same  year  was  admitted  to  practice 
by  the  supreme  court  of  Illinois.     In  1892  he  was  admitted  to  practice  by  the 
United  States  supreme  court,  and  during  his  professional  career  he  has  been  in- 
terested as  counsel  in  some  of  the  most  important  litigation  that  has  been  heard 
in  the  courts  of  the  state.     With  the  long  line  of  decisions  from  Marshall  down, 
by  which  the  constitution  has  been  expounded,  he  is  familiar,  as  are  all  thor- 
oughly skilled  lawyers.     He  is  at  home  in  all  departments  of  law,  from  the 
minutiae  in  practice  to  the  greater  topics  wherein  is  involved  the  consideration  of 
the  ethics  and  philosophy  of  jurisprudence  and  the  higher  concerns  of  public 
policy.     He  served  as  corporation  counsel  of  the  city  of  Evanston  from  1880 
until  1884,  and  was  alderman  from  the  third  ward  of  Chicago  from  1887  until 
1889.     He  is  a  welcome  addition  to  the  membership  of  the  Union  League,  Chi- 
cago,   University,    Columbia,    Chicago    Literary,    Sunset,    Hamilton   and   Law 
Clubs,  and  at  different  periods  between  1890  and  1897  has  served  as  president 
of  the  Chicago  Law  Club,  Chicago  Law  Institute,  Chicago  Bar  Association,  Illi- 
nois State  Bar  Association  and  the  Union  League.     While  president  of  the  Union 
League  Club  he  organized  and  directed  the  movement  which  secured  the  passage 
of  the  civil-service  reform  act.     While  president  of  the  State  Bar  Association 
he  secured  the  consolidation  of  the  supreme  court. 

Such  in  brief  is  the  history  of  one  whose  professional  ability  and  sterling 
w^orth  have  won  him  marked  prestige  in  business  and  social  circles. 

Will  H.  Lyford  is  actively  connected  with  a  profession  which  has  import- 
ant bearings  upon  the  progress  and  stable  prosperity  of  any  section  or  com- 
munity, and  one  which  has  long  been  considered  as  enhancing  the  public  wel- 
fare by  conserving  the  ends  of  justice.  Since  1892  he  has  occupied  the  very 
important  and  responsible  position  of  general  counsel  for  the  Chicago  &  Eastern 
Illinois  Railroad  Company,  and  ranks  among  the  ablest  attorneys  at  the  Chicago 
bar. 

Mr.  Lyford  w^as  born  September  15,  1858,  in  Waterville,  Maine,  and  is  a 
son  of  Oliver  S.  Lyford,  vice-president  of  the  Chicago  &  Eastern  Illinois  Rail- 
road Company.  He  w^as  educated  in  the  public  schools  of  Buffalo  and  Cleve- 
land, and  was  graduated  in  the  high  school  of  the  latter  city  in  the  class  of  1879. 
He  then  entered  Colby  University,  of  Waterville,  Maine,  where  he  w^as  gp^ad- 
uated  in  1879.  Immediately  afterward  he  came  to  Chicago  and  entered  the 
railroad  service  as  a  civil  engineer,  becoming  later  chief  clerk  in  the  office  of  the 
manager  of  the  Chicago  &  Eastern  Illinois  Railroad.  In  1882,  through  per- 
sonal connection  with  an  Important  chancery  suit,  he  became  interested  in  the 
study  of  law  and  entered  the  law  department  of  the  railroad  company  with 
which  he  is  now  connected.  In  October,  1884,  he  was  admitted  to  practice  at 
the  bar  of  Illinois,  and   the   following  year  was   appointed   assistant  general 


THE  BENCH  AND  BAR  OF  ILLINOIS, 


395 


solicitor  for  the  Chicago  &  Eastern  Illinois  Railroad  Company.  On  the  ist 
of  January,  1888,  he  was  made  general  solicitor;  and  on  the  15th  of  March,  1892, 
became  general  counsel,  which  important  position  he  has  since  filled.  He  has 
made  a  close  study  of  railroad  law,  one  of  the  most  important  and  intricate 
departments  of  the  science  of  jurisprudence,  and  has  conducted  some  notable 
litigation,  his  efforts  being  crowned  with  success  for  the  corporation  which  he 
represents.  He  never  loses  sight  of  any  detail  having  bearing  upon  his  case, 
and  at  the  same  time  he  g^ves  to  the  more  prominent  points  due  importance. 
His  knowledge  of  the  law  is  exact,  his  preparation  of  a  case  painstaking,  and 
his  power  before  judge  and  jury  is  acknowledged  by  all. 

On  the  28th  of  April,  i886,'  Mr.  Lyford  married  Miss  Mary  McComas,  of 
Nebraska  City,  Nebraska.  He  is  a  member  of  the  Chicago  Club  and  the  Chi- 
cago Athletic  Association,  and  in  politics  is  a  Republican.  He  is  a  man  of  very 
modest  manner,  yet  of  pleasing  personality,  and  his  uniform  courtesy  and  gen- 
uine worth  have  made  him  a  great  favorite  in  social  as  well  as  professional  circles. 


CHAPTER  XX. 

THE  JERSEY  COUNTY  BAR. 

HE  division  of  Greene  county  and  the  organization  of  all  that  part  south 
of  the  Macoupin  creek  into  a  new  county  called  Jersey,  on  August  5, 
1839,  marked  the  beginning  of  the  history  of  the  Jersey  county  bar.  Few 
in  number  in  those  days  were  the  local  attorneys  at  the  county-seats  in  nearly  all 
parts  of  the  state,  and  those  in  Jerseyville,  though  few,  made  compensation  for 
their  paucity  of  number  by  their  great  energy  and  ability. 

The  old  structure  destroyed  by  fire  in  the  winter  of  1884  w'as  the  first  court- 
house erected  in  Jersey  county.  In  those  days,  when  judges  and  lawyers  rode 
the  circuit  together,  many  prominent  lawyers  and  eminent  jurists  of  Illinois  and 
other  states  tried  cases  in  that  old-fashioned  hall  of  justice.  The  names  of 
Lincoln,  Oglesby,  Palmer,  Phillips,  Burr,  Brown,  and  many  others  of  note  be- 
came familiar  to  the  citizens  through  the  associations  of  judge  and  jury,  attorney 
and  client.  The  building  up  of  the  county  as  it  is  to-day,  that  is,  in  the  titles  of 
real-estate  and  business  interests  generally,  was  guided  and  directed  by  those 
early  lawyers  and  the  others  who  have  followed  them  in  the  profession,  and  of 
their  careful  and  thorough  work  each  day  gives  evidence.  All  the  pioneers  ot 
the  bar  who  practiced  in  Jersey  county  when  the  old  court-house  was  new  and 
the  comforts  and  elegance  of  the  present  modern  structure  w^ere  unknown  have 
gone  to  try  their  last  appeals  before  the  court  of  infinite  justice  and  mercy. 

The  first  practicing  attorney  to  locate  within  the  bounds  of  what  now  con- 
stitutes Jersey  county  was  Martin  B.  Miner,  who  came  to  Jerseyville  in  1840. 
He  was  born  in  Addison  county,  \"ermont,  March  22,  1805 :  he  was  a  descend- 
ant of  a  Ilerrry  Bullman,  a  miner,  who,  for  a  deed  of  loyalty,  was  renamed 
Miner  by  King  Edward  III  of  England.  His  ancestors  came  to  America  in 
T630.  He  read  law  with  Herman  Allen,  M.  C,  of  Burlington,  Vermont,  and  was 
admitted  to  practice  in  that  state  in  1834.  In  the  autumn  of  1836  he  removed 
to  Illinois,  locating  first  at  Woodburn,  later  at  Alton,  and  eventually  at  Jersey- 
ville. where  he  died  in  (October,  1874. 

The  second  attorney  was  C.  H.  Goodrich,  who  came  to  this  county  in  an 
early  day  from  Harpersfield,  New  Jersey,  where  he  was  born  in  1794.  For  eight 
years  he  served  as  state's  attorney  of  the  first  judicial  circuit  of  Illinois,  and  was 
one  of  the  prominent  lawyers  of  the  state.  He  was  eminently  successful,  and 
figured  in  many  of  the  important  cases  of  those  early  days.  He  died  in  Jersey- 
ville in  March,  1868. 

H.  H.  Howard  was  the  third  attorney  to  locate  in  this  county.  He  was 
first  occupied  here  in  teaching  a  private  academic  school,  but  later  began  the 
practice  of  law.     He  formed  a  partnership  with  his  nephew,  A.  L.  Knapp,  who 

396 


THE  BENCH  AND  BAR  OF  ILLINOIS.  397 

afterward  became  prominent  in  local  and  national  affairs.  At  an  early  date,  Mr. 
Howard  was  editor  of  the  Democratic  Union,  a  newspaper  of  Jerseyville.  About 
the  time  of  the  civil  war  he  moved  to  Kansas. 

M.  S.  Littlefield  located  in  Jersey  county  in  i860,  and  continued  in  the  prac- 
tice of  law  for  a  comparatively  brief  period.  He  raised  and  became  captain  of 
Company  ¥,  Fourteenth  IlHnois  Infantry,  of  which  Senator  John  M.  Palmer 
was  colonel.     North  Carolina  became  his  home  at  the  close  of  the  war. 

E.  A.  Pinero  located  in  Jersey  county  and  commenced  the  practice  of  law 
in  the  '60s.  He  was  successively  associated  in  business  with  R.  A.  King,  G.  W. 
Herdman  and  T.  J.  Selby  in  Jerseyville,  and,  later  on,  he  and  Mr.  Selby  removed 
to  Tecumseh,  Nebraska,  where  they  remained  several  years.  Returning,  Mr. 
Pinero  located  in  Hardin,  Calhoun  county,  Illinois.  During  many  years  prior 
to  his  death,  he  was  a  patient  sufferer  from  a  painful  rheumatic  ailment  which 
rendered  him  a  well-nigh  helpless  invalid. 

T.  J.  Selby  was  admitted  to  the  bar  in  1869,  but  did  not  engage  in  active 
practice  until  the  expiration  of  his  term  of  office  as  county  clerk,  in  1878.  The 
firm  of  Pinero  &  Selby  was  then  formed,  as  noted  above.  After  returning  from 
Nebraska  Mr.  Selby  located  in  Hardin,  Illinois,  where  he  now  resides  and  holds 
the  office  of  state's  attorney  of  Calhoun  county.  In  Jersey  county  he  was  elected 
to  the  office  of  sheriff,  county  clerk  and  mayor  of  Jersey\'ille,  and  for  several 
years  was  the  editor  of  the  Jersey  County  Democrat. 

Anthony  L.  Knapp  was  born  in  Middletown,  New  York,  June  14,  1828. 
His  father  was  a  cultured  physician  who  removed  to  Illinois  with  his  family 
while  Anthony  was  still  a  child.  As  a  boy  he  displayed  a  very  studious  turn  of 
mind,  and  spent  much  time  with  his  books.  Perhaps  it  was  this  studious  tem- 
perament which  suggested  his  adopting  the  law  as  his  profession,  and  later 
events  proved  that  his  choice  of  a  life  work  was  a  wise  one.  The  habit  of  read- 
ing which  he  formed  in  boyhood  characterized  his  entire  life,  and  through  this 
means  he  not  only  acquired  a  profound  know^ledge  of  the  law,  but  also  gained 
wide  information  in  other  directions. 

In  1847  Mr.  Knapp  accepted  a  position  as  private  secretary  to  Governor 
French,  and  later  he  was  elected  a  member  of  the  Illinois  senate,  serving  in  the 
twenty-first  and  twenty-second  general  assemblies.  In  1861  he  was  sent  to  the 
thirty-seventh  congress  to  complete  the  term  of  General  John  A.  McClernand, 
who  resigned  to  enter  the  army,  and  in  1863  he  was  elected  congressman  for  a 
full  term.  While  in  the  senate  and  in  congress  Mr.  Knapp,  though  still  a  very 
young  man,  succeeded  in  impressing  all  with  whom  he  came  in  contact  with  his 
ability,  and  he  then  made  friends  who  looked  up  to  him  and  respected  him  to 
the  end  of  his  life.  His  speeches  in  congress  always  showed  a  thorough  ac- 
quaintance with  the  subject  under  discussion  and  were  fitting  expressions  of  his 
clear  and  logical  mind. 

Mr.  Knapp  was  well  fitted  for  statesmanship,  but  both  his  ambition  and 
taste  suggested  another  field  of  endeavor  to  him,  so  that  after  the  completion 
of  his  second  term  in  congress  he  returned  to  the  practice  of  law,  to  which  he 
devoted  his  energies  throughout  the  remainder  of  his  life.     Immediately  after  his 


398  THE  BENCH  AND  BAR  OF  ILLINOIS. 

retirement  from  the  council  chambers  of  the  nation,  he  removed  from  Jerseyville, 
Illinois,  which  up  to  this  time  had  been  his  home,  and  became  a  resident  of 
Chicago,  but  remained  in  the  latter  place  only  two  years. 

In  1867  Mr.  Knapp  located  in  Springfield,  where  he  formed  a  partnership 
for  tlie  practice  of  law  with  James  C.  Robinson  and  William  E.  Shutt,  which 
connection  continued  until  his  death,  in  1881.  During  all  that  time  the  firm 
had  an  extensive  practice,  which  gave  Mr.  Knapp  scope  for  all  his  leg^l  abilities. 
It  was  as  a  lawyer  that  he  was  most  widely  known,  for  in  the  pursuit  of  his  pro- 
fession all  his  abilities  were  brought  into  play  in  the  most  effective  way.  Nature 
undoubtedly  intended  him  for  the  law,  and  his  tastes  and  talents  eminently 
fitted  him  for  the  brilliant  position  which  he  made  for  himself  at  the  bar  oi 
Illinois.  His  knowledge  of  the  law  was  accurate,  comprehensive  and  scholarly. 
His  wide  reading  made  him  thoroughly  familiar  with  legal  authorities,  and 
he  was  so  well  grounded  in  the  principles  of  jurisprudence  that  it  became  second 
nature  to  him  to  apply  them  to  all  law  problems  that  came  within  his  notice. 
In  dealing  with  statutory  law  he  was  always  able  to  reason  out  the  steps  by 
which  the  common  law  had  been  modified,  and  the  degree  to  which  it  had  been 
repealed.  Yet,  notwithstanding  his  profound  knowledge  of  the  law,  Mr.  Knapp 
gave  to  each  individual  case  the  most  painstaking  study.  He  always  under- 
stood the  minute  details  of  a  case  entrusted  to  him  and  all  the  possible  applica- 
tions of  the  law  to  that  particular  case.  His  understanding  of  men  and  his 
ability  to  analyze  character  were  also  important  elements  in  his  professional 
success. 

As  a  trial  lawyer  he  was  very  successful.  His  perceptions  were  clear,  and 
his  preparation  of  a  case  always  removed  any  mistiness  or  uncertainty  from  his 
own  mind ;  hence  his  speeches,  whether  before  jury  or  court,  were  not  burdened 
with  unnecessary  intricacies,  but  were  direct  and  forceful  and  w^ere  expressed 
in  very  simple  and  pure  English.  He  had  to  be  convinced  that  a  cause  was  just 
before  he  could  give  to  it  the  benefit  of  all  his  forces,  but  when  once  he  was 
assured  that  justice  was  with  the  side  he  represented  his  logic  w^as  irresistible 
and  his  tenacity  of  purpose  so  great  that  he  carried  the  jury  with  him. 

Mr.  Knapp  was  in  every  sense  a  gentleman,  and  during  the  trying  scenes 
necessarily  experienced  in  years  of  practice  in  the  courts  he  never  forgot  to 
render  to  the  opposing  counsel  the  most  perfect  courtesy,  and  when  he  found 
it  necessary  to  rebuke  or  criticise  any  one  he  did  it  with  so  much  dignity  and 
gentleness  that  he  gained  his  point  without  using  unnecessary  pain.  Mr. 
Knapp  was  never  a  politician  in  the  modern  sense  of  the  term,  yet  he  firmly 
believed  and  upheld  the  principles  of  Democracy  and  always  gave  his  allegiance 
to  that  party.  His  good  judgment  and  clear  perceptions  were  held  in  such 
high  esteem  by  Democratic  leaders,  both  state  and  national,  that  to  the  end  of 
his  life  they  often  came  to  him  for  advice. 

Outside  of  his  professional  life  he  exhibited  many  rare  qualities.  He  was  a 
man  of  unusual  sympathy,  and  he  showed  his  friends  a  generous  and  noble 
nature.  He  did  not  care  to  have  a  very  large  circle  of  acquaintances,  but  in- 
stead he  attached  himself  to  a  few  sympathetic  souls,  and  it  was  his  pleasure 


THE  BENCH  AND  BAR  OF  ILLINOIS.  399 

to  meet  these  often.  While  of  a  rather  reserved  temperament,  to  those  nearest 
to  him  his  conversation  showed  broad  culture  and  wide  acquaintance  with  liter- 
ature, and  these  attributes,  added  to  the  genial  humor  so  characteristic  of  him. 
greatly  endeared  him  to  those  fortunate  enough  to  call  him  friend.  He  was 
a  man  of  high  ideals,  and  he  lived  up  to  them.  "He  passed,  a  soul  of  nobler 
tone,"  leaving  the  world  better  for  his  having  lived  in  it.  Mr.  Knapp  died  while 
still  in  the  prime  of  manhood.  May  23,  1881.  He  left  a  widow  and  one  son,  who 
now  reside  in  Deposit,  New  York. 

Robert  M.  Knapp,  a  brother  df  Anthony  L.  Knapp  heretofore  mentioned, 
was  born  in  New  York  city,  April  21,  1831.  He  was  educated  in  the  common 
schools  of  Kentucky  and  in  the  military  institute  of  the  same  state.  He  came  to 
Jersey ville  in  1851,  began  the  study  of  law  with  his  older  brother,  and  was  ad- 
mitted to  the  bar  in  1.855.  He  practiced  law  until  his  death,  June  24,  1879. 
Robert  M.  also  was  elected  representative  to  the  state  legislature,  in  1867,  and 
to  the  national  congress  in  1872  and  1876.  He  was  mayor  of  Jersey  ville  during 
the  years  1871,  1872  and  1876.     As  a  lawyer  he  held  the  first  rank. 

Robert  A.  King  engaged  in  the  practice  of  law  in  Jersey  ville  in  1867.  He 
entered  into  partnership  with  E.  A.  Pinero  and  G.  W.  Herdman,  but  was  soon 
obliged  to  withdraw  from  the  firm  on  account  of  ill  health.  In  1869  he  was 
elected  a  member  of  the  constitutional  convention  that  formed  our  present  con- 
stitution, and  one  year  later  was  elected  representative  in  the  legislature.  In 
1872  he  was  appointed  county  judge,  a  position  he  held  by  election  until  1882, 
when  he  took  up  his  abode  in  California. 

Benjamin  F.  Slaten  was  born  in  St.  Clair  county,  Illinois,  February  20,  1820. 
When  eight  years  of  age  he  moved  with  his  father  to  this  county,  where  he  re- 
ceived his  education  in  the  common  schools.  In  1856  Mr.  Slaten  was  admitted 
to  the  bar.  He  was  elected  to  the  legislature  in  i860.  In  1862  he  enlisted  into 
the  army  as  captain  of  Company  K,  Ninety-seventh  Illinois  Volunteers.  In 
1887  he  was  elected  state's  attorney  of  this  county.  At  the  expiration  of  his 
term  he  retired  from  active  practice  and  for  several  years  has  been  living  quietly 
upon  his  farm. 

George  E.  Warren  was  born  in  Ohio,  August  16,  181 7.  The  following 
year  he  moved  with  his  parents  to  Rhode  Island,  where  he  remained  until  1835, 
when  he  graduated  at  Brown  University.  After  graduating  he  came  to  Illinois 
and  settled  in  Greene  county,  where  he  studied  law  in  the  office  of  Woodson 
&  Hodges.  He  was  admitted  to  the  bar  in  1839,  practiced  in  his  profession  until 
the  spring  of  1840,  in  Alton,  when  he  moved  to  his  farm  in  this  county.  In 
1862  he  opened  a  law  office  in  Jerseyville,  as  the  head  of  the  firm  of  Warren  & 
Pogue,  and  continued  in  active  practice  until  his  death,  in  1892.  Mr.  Warren 
held  various  offices  of  honor  and  trust.  In  1849  he  was  elected  county  judge 
of  Jersey  county,  which  office  he  held  for  eight  years.  He  was  mayor  of  Jer- 
seyville during  the  year  1875.  In  1878  he  represented  his  district  in  the  legis- 
lature of  the  state. 

W.  H.  Pogue  was  born  December  23,  1836,  in  Philadelphia,  Pennsylvania, 
where  he  received  a  classical  education.     He  came  to  Illinois  in  1854,  and  in 


400  THE  BENCH  AND  BAR  OF  ILLINOIS. 

1855  became  a  law  student  in  the  office  of  Edward  Keating.  In  November, 
1857,  he  was  admitted  to  the  bar  and  commenced  the  practice  of  his  profession 
in  Alton,  where  he  remained  until  1862,  when  he  removed  to  JerseyviUe.  Here 
he  formed  a  partnership  with  his  father-in-law,  George  E.  Warren.  In  1882 
he  withdrew  from  the  firm  to  accept  the  position  of  county  judge  of  Jersey 
county.  He  was  re-elected  in  1886  and  continued  in  the  office  until  his  death, 
in  1887. 

Orville  A.  Snedcker  was  born  near  JerseyviUe,  June  11,  1848.  His  early 
instruction  was  received  in  the  home  circle' and  in  the  district  school.  He  be- 
came a  student  in  Shurtleff  College,  at  Alton,  Illinois,  and  subsequently  in  Bryant 
&  Stratton's  Business  College  at  Chicago.  Upon  completion  of  his  collegiate 
course  he  entered  upon  the  study  of  law  in  the  office  of  Judge  Robert  A.  King, 
in  JerseyviUe.  and  in  1870  was  duly  admitted  to  the  bar.  He  at  once  became 
actively  engaged  in  the  work  of  his  profession,  being  for  a  number  of  years 
in  partnership  with  O.  B.  Hamilton ;  but  during  the  later  period  of  his  life  his 
attention  was  directed  principally  to  real-estate  law  and  to  the  control  of  his 
extensive  farming  and  other  interests  in  this  and  adjacent  counties. 

In  politics  Mr.  Snedeker  was  an  ardent  Republican.  He  was  elected  a 
member  of  the  legislature  of  his  state  in  1892  and  again  in  1894.  He  was  the 
author  of  the  school-house  flag  bill,  and  was  prominently  active  in  procuring 
the  state  appropriation  for  the  Lovejoy  monument  at  Alton,  erected  for  the 
commemoration  of  an  important  event  in  the  history  of  the  state.  In  the 
strength  and  vigor  of  his  manhood  he  was  overtaken  with  an  incurable  malady, 
to  which  he  succumbed  September  4,  1897.  In  his  associations  with  the  bar  of 
his  county,  as  well  as  with  all  others,  his  kindly  interest  in  the  affairs  of  men 
and  his  great  public  spirit  endeared  him  to  all  that  shared  his  genial  fellowship. 

Joseph  S.  Carr  was  born  in  St.  Charles,  Missouri,  in  1832.  His  early  edu- 
cation was  received  in  the  common  schools  of  St.  Charles.  His  schooling  was 
completed  at  the  old  St.  Charles  College,  in  which  he  graduated.  He  was 
licensed  to  practice  law  in  the  state  of  Missouri.  At  the  outbreak  of  the  civil 
war  he  entered  the  Confederate  army  and  served  under  General  Price  as  colonel 
of  a  Missouri  regiment.  In  the  year  1869  he  located  at  Kane,  Greene  county, 
Illinois,  where  he  continued  the  practice  of  law.  In  1881  he  was  elected  to 
represent  his  district  in  the  state  legislature,  where  he  served  two  terms.  In 
1883  he  removed  to  JerseyviUe,  where  he  remained  until  his  death,  February  26, 
1896.  In  politics  Mr.  Carr  was  an  earnest  Democrat.  As  a  lawyer  he  was 
prominent,  having  won  distinction  in  the  celebrated  Neely  will  case,  which  was 
twice  carried  to  the  supreme  court.  He  was  a  close  student  of  law  and  depended 
entirely  upon  this  profession  for  his  livelihood,  even  in  his  declining  years. 

In  connection  with  the  Jersey  county  bar,  brief  mention  may  be  made  of 
W.  K.  Titcomb,  a  member  in  1846;  of  John  W.  Merrill,  who  for  a  short  time  was 
a  partner  of  Judge  King ;  of  William  P.  Chesnut,  who  died  in  JerseyviUe,  after  a 
brief  residence  in  the  city ;  of  John  W.  Slaten,  who  practiced  a  few  years  about 
the  close  of  the  war ;  of  W.  L.  Ames,  for  a  short  time  a  member  of  the  firm 
of  Warren,  Pogue  &  Ames;  of  H.  N.  Wyckoflf,  now  engaged  in  mercantile  pur- 


THE  BENCH  AND  BAR  OF  ILLINOIS.  401 

suits  in  his  native  town;  also  of  M.  R.  Locke,  William  Jackson  and  James  F. 
Greathouse.  These  gentlemen  were  all  duly  admitted  to  practice,  but  were  not 
long  associated  with  the  bar  of  this  county. 

George  W.  Herdman  was  born  in  Rockland  county,  New  York,  March  6, 
1839.  In  1854  he  moved  with  his  father  to  this  county,  where  he  assisted  on  the 
farm  until  he  was  twenty-four  years  of  age,  when  he  entered  the  law  office  of  Judge 
S.  M.  Woodson,  of  Carrollton,  where  he  remained  for  two  years.  He  graduated 
at  the  Louisville  Law  School  in  the  spring  of  1867  and  immediately  opened  an 
office  in  Jerseyville.  Soon  afterward  he  became  a  partner  in  the  firm  known  as 
King,  Pinero  &  Herdman,  and  later  in  that  of  Knapp  &  Herdman,  which  latter 
association  terminated  in  the  election  of  R.  M.  Knapp  to  congress.  Mr.  Herdman 
practiced  alone  until  his  election  to  the  office  of  circuit  judge  in  1882,  to  which 
office  he  was  twice  re-elected.  In  1870  Judge  Herdman  was  elected  as  repre- 
sentative to  the  legislature,  and  in  1876  to  the  state  senate.  His  repeated  elec- 
tions to  the  various  important  offices  of  county  and  state,  held  in  consequence  of 
the  suffrage  of  the  people,  show  fully  their  estimate  of  his  ability  and  fitness  for 
the  several  positions  to  which  they  have  called  him.  It  may  truthfully  be  said, 
without  charge  of  flattering,  that  no  judge  ever  sat  upon  the  bench  in  this 
county  who  was  more  thoughtful,  honest  and  unprejudiced  in  his  rulings  and 
decisions ;  nor  one  who  had  a  higher  appreciation  of  the  importance  and  dignity 
of  the  offices  he  so  honorably  and  acceptably  filled.  He  justly  merits  the  con- 
fidence and  esteem  of  the  citizens  of  his  county. 

A.  M.  Slaten  was  born  in  this  county  August  28,  1842,  and  was  educated 
in  the  common  schools  of  the  county  and  McKendree  College,  at  Lebanon, 
Illinois.  The  early  part  of  his  life  he  was  engaged  in  mercantile  pursuits.  He 
studied  law,  and  was  admitted  to  the  bar  in  1876  and  located  in  Jerseyville,  where 
he  has  continued  in  the  active  practice  of  his  profession.  In  1890  he  was  elected 
county  judge  and  was  twice  re-elected  to  the  same  office,  which  he  now  holds. 
Mr.  Slaten  has  won  the  admiration  of  the  citizens  of  Jersey  county,  regardless 
of  party  politics,  for  his  honest  and  upright  dealings  with  them. 

Theodore  S.  Chapman,  born  at  Becket,  Berkshire  county,  Massachusetts, 
March  31,  1849,  removed  with  his  parents  to  the  vicinity  of  Rockford,  Illinois, 
in  1854,  where  his  father,  Theodore  Chapman,  died  in  March,  1855.  Later  on 
his  mother  became  a  Baptist  missionary  to  Burmah,  India. 

The  subject  of  this  sketch  attended  the  common  school  in  Winnebago  county 
until  twelve  years  of  age,  and  then  attended  the  high  school  and  Madison  Uni- 
versity (now  Colgate)  at  Hamilton,  New  York.  At  eighteen  he  came  to  La 
Porte  county,  Indiana,  and  taught  district  school  two  years;  then  to  Jersey 
county,  teaching  district  school  one  year ;  then  elected  principal  of  the  Hamilton 
School,  at  Otterville,  in  the  same  county.  He  studied  law  while  teaching  school, 
and  was  admitted  to  the  bar,  on  examination  before  the  supreme  court,  January 
14,  1874.  He  commenced  practice  in  Jerseyville,  and  occupied  for  twenty-five 
years  the  office  in  which  he  began. 

Mr.  Chapman  was  elected  minority  representative  to  the  house  of  repre- 
sentatives in  this  state  in  1882,  for  the  district  composed  of  Jersey,  Greene  and 

26 


402  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Scott  counties,  and  took  part,  being  on  the  "steering  committee,"  in  the  memor- 
able contest  for  election  of  United  States  senator  that  began  on  January  i8, 1885, 
and  ended  June  19th,  in  the  election  of  Hon.  John  A.  Logan,  by  vote  of  "103." 
He  was  elected  to  the  state  senate  from  the  same  district  in  1884,  serving  four 
years,  being  the  only  Republican  ever  representing  the  district  in  the  state 
senate ;  he  also  served  as  president  pro  tem.  of  the  same  body  in  the  years  1888 
and  1889.  He  was  attorney  in  the  suit  brought  to  make  effective  the  provision 
of  the  will  of  George  Washington,  a  liberated  slave,  which  resulted  in  the  organ- 
ization, under  the  supervision  of  the  court  of  chancery,  of  the  board  of  trustees 
of  the  George  Washington  Educational  Fund.  He  was  elected  first  secretary 
and  treasurer  of  the  board,  and  has  been  president  of  same  since  1890.  The 
fund,  under  a  plan  presented  by  him,  now  amounts  to  some  nineteen  thousand 
dollars,  which  for  years  has  sustained,  free  of  all  expense,  at  Fisk  University 
from  three  to  six  beneficiaries,  selected  from  colored  residents  of  the  state. 

Adams  A.  Goodrich,  one  of  the  noted  lawyers  of  Illinois,  is  a  native  of 
Jersey  county,  his  birth  being  recorded  in  the  year  1849.  He  was  educated  in 
the  graded  schools  of  Jerseyville  and  at  the  Military  Academy  at  West  Point. 
After  studying  with  his  uncles  and  receiving  his  credentials  in  1873,  he  began  the 
law  practice  which  has  been  constantly  attended  with  brilliant  success.  He  was 
twice  elected  state's  attorney  of  this  county  and  once  to  the  office  of  county  judge. 
At  the  termination  of  his  official  service,  desirous  of  a  broader  field  of  action, 
he  removed  to  Chicago,  where  he  is  now  at  the  head  of  one  of  the  leading  and 
successful  kw  firms  of  that  city.  Judge  Goodrich  stands  high  in  the  many 
fraternal  orders  of  which  he  is  an  honored  member. 

Oscar  B.  Hamilton  was  born  in  Greene  county,  Illinois,  January  31,  1839. 
The  earlier  years  of  his  life  were  devoted  to  mercantile  pursuits.  He  attended 
the  St.  Louis  Law  School  in  1869-70  and  was  admitted  to  the  bar  in  the  latter 
year.  He  has  been  actively  engaged  in  the  practice  of  law  since  that  time, 
and  is  now  the  senior  member  of  the  law  firm  of  Hamilton  &  Hamilton. 

Edward  J.  Vaughn's  early  days  were  spent  on  a  farm  in  the  eastern  part  d 
this  county,  wliere  he  was  born  January  5,  1870.  His  elementary  education  was 
begun  in  the  local  district  school,  where  he  was  prepared  for  the  Jerseyville 
high  school,  in  which  he  graduated  in  1888.  His  law  course  was  directed  by 
T.  S.  Chapman  and  resulted  in  his  admission  to  the  bar  in  1891.  With  Mr. 
Chapman  he  formed  a  law  partnership  in  1894,  which  was  terminated  two  years 
later,  when  Mr.  Vauglin  resumed  his  individual  practice.  Without  opposition, 
he  received  the  nomination  for  the  office  of  state's  attorney  in  1896,  but  on  the 
adoption  of  the  Chicago  platform  withdrew  from  the  candidacy  on  the  Demo- 
cratic ticket  and  became  an  active  supporter  of  the  gold-standard  Democracy. 
He  has  been  twice  elected  member  of  the  school  board  and  has  served  one  term 
as  city  attorney,  his  election  to  this  office  occurring  in  1895. 

Mr.  Vaughn's  prudence  in  legal  affairs  and  his  accomplished  oratory  have 
enlisted  his  services  in  much  important  litigation;  in  this  connection  may  be 
mentioned  the  recent  John  G.  Schwartz  will  contest,  which  terminated  favorably 


THE  BENCH  AND  BAR  OF  ILLINOIS.  403 

to  his  clients,  the  heirs  at  law.    He  is  a  Royal-Arch  Mason,  an  Odd  Fellow  and  a 
Modem  Woodman. 

Thomas  F.  Ferns  was  born  in  the  city  of  Jerseyville,  July  27,  1862.  He 
was  educated  in  the  common  schools  of  said  city  and  graduated  in  the  high 
school  May  16,  1882.  He  entered  the  office  of  A.  A.  Goodrich  in  the  fall  of 
1882,  for  the  study  of  law.  In  October,  1883,  he  entered  the  St.  Louis  Law 
School,  where  he  graduated  May  10,  1885.  Prior  to  his  graduation  at  said 
law  school  he  was  admitted  to  practice  by  the  supreme  court  of  Missouri,  and 
afterward,  on  March  20,  1885,  was  admitted  to  practice  law  by  the  supreme 
court  of  Illinois.  He  was  elected  city  attorney  of  Jerse)rville  for  three  successive 
terms,  holding  the  office  from  1885  to  1891.  He  was  elected  to  the  Illinois 
general  assembly  three  successive  sessions, — from  1891  to  1895,  inclusive.  He 
was  admitted  to  practice  in  the  supreme  court  of  the  United  States  on  December 
I9>  1895.  In  addition  to  his  extensive  law  business  Mr.  Ferns  is  engaged  in 
farming  and  the  raising  of  cattle. 

O.  D.  Leach  was  born  in  St.  Clair  county,  Illinois,  October  4,  i860.  He 
was  educated  in  the  schools  of  Jerseyville,  in  which  he  graduated  in  1880.  He 
taught  school  for  six  years  following  his  graduation,  at  Otterville  and  Grafton, 
and  was  principal  at  each  place.  He  was  county  superintendent  of  schools  from 
1886  to  1890.  He  studied  law  under  Hamilton  &  Slaten  and  was  admitted  to 
the  bar  in  1890.  He  formed  a  partnership  with  O.  B.  Hamilton,  which  firm 
continued  until  1893,  since  which  time  Mr.  Leach  has  practiced  law  alone. 

H.  W.  Pogue  was  born  March  17,  1863,  in  this  county.  He  graduated  in 
the  Jerseyville  high  school  in  1882.  He  began  the  study  of  law  with  Warren 
&  Pogue  in  the  fall  of  1882  and  was  admitted  to  the  bar,  at  Mount  Vernon,  Illi- 
nois, in  the  spring  of  1886.  Mr.  Pogue  was  elected  state's  attorney,  to  fill 
vacancy,  in  September,  1887,  and  was  re-elected  in  1888  and  1892. 

Charles  S.  White's  earlier  years  were  spent  on  a  farm  in  the  vicinity  of 
Jersejrville.  After  sufficient  preparation  in  the  district  school  he  entered  the 
city  high  school,  where  he  graduated  in  1886.  He  entered  upon  the  study  of 
law  under  the  direction  of  Chapman  &  Vaughn,  in  1893,  and  was  admitted  to  the 
bar  two  years  later.  Since  opening  a  law  office  in  Jerseyville,  in  1896,  Mr. 
White's  entire  time  has  been  devoted  to  the  constantly  increasing  business  en- 
trusted to  his  care.     His  birth  occurred  December  10,  1868. 

George  F.  Lane,  a  resident  of  Elsah,  Illinois,  was  educated  at  McKendree 
CoIIeg^e,  and  in  1874  became  a  student  of  law  in  the  office  of  H.  H.  Horner,  a 
real-estate  lawyer  of  Lebanon,  Illinois.  After  his  admission  to  the  bar  he 
established  a  law  office  at  Elsah,  in  1879,  where  he  has  since  devoted  his  energies 
to  the  law  and  real-estate  business. 

George  M.  Seago  was  born  on  a  farm  eight  miles  northwest  of  Jerseyville, 
August  21,  1870.  He  entered  the  Jerseyville  high  school  in  the  fall  of  1887, 
and  gfraduated  in  that  institution  in  1891.  After  teaching  two  terms  of  school  in 
Jersey  county  he  began  the  study  of  law  and  was  admitted  to  the  bar  at  Mount 
Vernon,  Illinois,  November,  1894.  Mr.  Seago  is  the  present  secretary  of  the 
Jerseyville  Building,  Loan  &  Homestead  Association. 


404  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Martin  J.  Dolan  came  directly  to  this  county  from  the  home  of  his  child- 
hood, at  Tourmakeady,  Ireland,  where  he  was  bom  May  12,  1871.  Reaching 
America,  alone,  at  the  age  of  twelve,  he  fitted  himself  for  entrance  into  the  Jer- 
seyville  high  school,  in  which  his  general  education  was  obtained.  He  began 
the  study  of  law  with  T.  F.  Ferns,  of  Jerseyville,  and  later  entered  the  St.  Louts 
Law  School,  where  he  was  graduated  in  1893.  He  was  admitted  to  practice 
in  June  of  the  same  year,  and  immediately  became  an  active  member  of  the 
profession  in  Jerseyville.  Mr.  Dolan  was  elected  to  the  office  of  state's  attorney 
of  this  county  November  5,  1896,  on  the  Democratic  ticket. 

Paul  M.  Hamilton,  one  of  the  younger  members  of  the  Jersej'ville  bar,  was 
born  December  18,  1872.  He  received  his  early  education  in  the  public  schools 
of  this  county.  The  study  of  law  was  begun  with  his  father.  O.  B.  Hamilton, 
and  was  completed  at  the  St.  Louis  Law  School.  Admitted  to  the  bar  in  1895, 
he  at  once  formed  a  copartnership  with  his  father,  and  is  at  present  the  junior 
member  of  the  firm  of  Hamilton  &  Hamilton. 

Eugene  Hale  was  born  in  Greene  county,  Illinois,  August  15,  1864.  He 
lived  on  a  farm  and  attended  the  common  schools  of  his  native  county  until 
1884,  when  he  became  a  tinner's  apprentice  at  Carrollton,  Illinois.  He  began 
the  study  of  law  under  the  direction  of  James  R.  Ward,  of  same  city,  and  later 
studied  with  Joseph  S.  Carr.  mentioned  above.  He  was  admitted  to  the  bar 
in  November,  1895.  Mr.  Hale  was  a  delegate  to  the  Republican  state  convention 
in  1894;  was  elected  city  attorney  of  Jerseyville  in  April,  1897;  was  nominated  by 
Republicans  for  the  office  of  county  judge  in  1898,  but  declined  the  nomination. 

Charles  N.  Noble  was  reared  on  a  farm  in  the  southern  part  of  the  county, 
where  he  was  born  in  the  year  1869.  He  attended  the  Jerseyville  high  school, 
where  he"  graduated  in  the  spring  of  1892.  During  the  summer  of  1891  he 
studied  law  in  the  office  of  Judge  A.  M.  Slaten.  He  attended  the  Northwestern 
University  Law  School,  in  Chicago,  for  one  year,  and  in  February,  1894,  he  was 
admitted  to  the  practice  of  law  in  this  state. 

F.  M.  Edwards,  born  in  Delhi,  Illinois,  August  25,  1873,  completed  a  four- 
years  course  of  study  in  Shurtleff  College,  in  1892,  and  in  the  following  year 
entered  the  Gem  City  Business  College,  in  which  he  was  graduated  in  1894. 
His  law  education  was  begun  with  the  firm  of  Hamilton  &  Hamilton,  of  Jer- 
seyville, and  completed  in  the  law  school  of  Washington  University.  He  was 
admitted  to  the  bar  in  1897.     Mr.  Edwards  is  located  in  his  native  town. 

H.  P.  Noble  was  reared  near  Grafton,  Illinois,  where  he  was  bom  August 
S,  1873.  After  graduating  in  the  Jerseyville  high  school,  in  1894,  he  entered 
upon  the  study  of  law  in  the  office  of  C.  N.  Noble.  He  was  admitted  to  the 
bar  in  1896  and  immediately  thereafter  opened  an  office  in  Jerseyville,  where  he 
is  at  present  engaged  in  his  profession. 

J.  J.  Hughes  received  his  education  in  the  public  schools  of  Jerseyville, 
Jones  Commercial  College,  Northwestern  University  Law  School,  and  Kent 
College  of  Law.  At  the  completion  of  this  extensive  preparation  he  was  ad- 
mitted to  practice,  in  March,  1895.  Mr.  Hughes  was  born  in  Jersey  county,  in 
October,  1871. 


CHAPTER  XXL 

THE  BENCH  AND  BAR  OF  EFFINGHAM  COUNTY. 

CONTRIBUTED    BY   BBNSON   WOOD. 

EFFINGHAM  COUNTY  was  organized  in  1831.  Its  county  seat,  located 
where  the  Cumberland  road  crossed  the  Little  Wabash  river^  was  named 
Ewington,  in  honor  of  Hon.  W.  L.  D.  Ewing.  Hon.  Theophilus  W. 
Smith,  associate  justice  of  the  supreme  court,  presided  at  the  first  term  of  the 
circuit  court.  May  20,  1833.  Hon.  Thomas  Ford,  afterwards  governor,  was  the 
judge  at  the  May  term,  1835.  From  that  time  until  1843  ^^^  court  was  held  by 
Hon.  Sidney  Breese,  who,  upon  his  election  to  the  senate  of  the  United  States, 
was  succeeded  by  Hon.  James  Semple. 

At  the  October  term^  1840,  James  Shields  made  his  appearance.  Court 
opened  the  19th  day  of  the  month.  Shields  was  appointed  by  Judge  Breese  at- 
torney-general pro  tern.,  on  the  20th,  and  prosecuted  a  state  case.  On  the  21st 
he  filed  his  petition  for  naturalization,  stating  his  birth  in  Tyrone  county,  Ireland, 
on  May  17,  "about  1810."  He  was  admitted  to  citizenship  the  same  day  on  his 
first  papers,  having  declared,  in  his  petition,  that  he  came  to  the  United  States 
more  than  three  years  before  attaining  his  majority.  The  advancement  of  Gen- 
eral Shields,  as  all  know,  was  somewhat  rapid.  If  I  mistake  not,  he  had  already 
served  a  term  or  two  as  a  member  of  the  general  assembly.  He  was  auditor  of 
public  accounts  the  following  year.  In  less  than  three  years  he  was  one  of  the 
associate  justices  of  the  supreme  court,  and  in  March,  1844,  came  back  to  Ewing- 
ton and  presided  over  the  court  that  had  naturalized  him  less  than  three  and 
one-half  years  before.  The  record  of  his  naturalization  fails  to  show  that  he  had 
any  witnesses.  The  original  papers  are  not  to  be  found.  Probably  they  went  as 
evidence  to  the  United  States  senate  to  which  he  had  been  elected  for  the  term 
beginning  March  4,  1849.  He  was  denied  a  seat  in  that  body,  not  having  been 
a  citizen  for  nine  years  prior  to  his  election.  A  special  session  of  the  legislature 
was,  however,  called  after  he  became  eligible.  He  was  again  elected  and  took  his 
seat,  succeeding  Judge  Breese.  While  this  is  not  the  place  to  give  a  history  of 
General  Shields'  remarkable  career,  it  might  not  be  amiss  in  this  connection  to 
say  that  his  wonderful  luck  did  not  desert  him.  He  was  brigadier-general  in  the 
Mexican  war,  and  was  desperately  wounded  at  Cerro  Gordo.  His  brilliant  mili- 
tary record  made  him  United  States  senator  from  Illinois.  He  afterward  re- 
moved to  Minnesota,  and  then  to  Missouri,  and  represented  both  those  states  in 
the  United  States  senate.  Besides,  he  was  a  brigadier-general  in  the  war  of  the 
rebellion. 

Hon.  Gustavus  Koerner,  associate  justice,  held  the  court  from  1845  ^o  1849; 

40s 


4o6  THE  BENCH  AND  BAR  OF  ILLINOIS. 

then  came  Hon.  W.  H.  Underwood,  circuit  judge,  who  was  followed  by  Hon. 
Justin  Harlan  in  1851,  and  he  by  Hon.  Charles  Emerson  in  1853.  Judge  Emer- 
son held  the  court  for  ten  years,  and  seems  to  have  been  the  most  highly  regarded 
by  the  people  and  the  bar,  according  to  reports  of  "old  settlers."  By  a  change  in 
circuits,  Hon.  Charles  H.  Constable,  an  able  lawyer  and  elegant  gentleman  of  the 
*'old  school,"  presided  from  1863  to  October,  1865.  He  died  at  Effingham  while 
holding  a  term  of  court. 

The  foregoing  covers  briefly  the  war  and  ante-war  history  of  the  bench  in 
Effingham  county.  All  of  these  judges  were  prominent  characters  in  the  history 
of  the  state;  all  were  men  of  marked  ability  and  purity  of  character. 

The  attorneys  for  the  state  who  appeared  during  this  period  were:  Wickliff 
Kitchell,  attorney-general,  and  State's  Attorneys  W.  H.  Underwood,  Phillip  B. 
Fouke,  Alfred  Kitchell  and  John  R.  Eden.  Underwood  was  afterw-ard  circuit 
judge,  and  Fouke  and  Eden  members  of  congress. 

The  greater  number  of  the  members  of  the  bar  who  tried  cases  at  old  Ewing- 
ton  were  from  other  counties,  and  *'rode  the  circuit"  with  the  judge.  Levi  Davis, 
Ferris  Forman,  Elam  Rust,  Anthony  Thornton,  Samuel  W.  Moulton,  M.  C. 
McLain^  John  P.  St.  John,  Tevis  Greathouse,  Josiah  Fisk  and  Arthur  J.  Galla- 
gher were  some  of  the  more  prominent.  Thornton  and  Moulton  have  both  served 
in  congress.  Forman  was  colonel  of  an  Illinois  regiment  in  the  Mexican  war. 
Thornton  was  also  judge  of  the  supreme  court,  and  Gallagher  was,  for  a  term,  an 
able  and  upright  circuit  judge.    St.  John  was  twdce  governor  of  Kansas. 

Eli  Philbrook,  Kendall  H.  Burford,  William  B.  Cooper,  Henry  D.  Caldwell, 
Benjamin  F.  Kagay,  Henry  B.  Kepley  and  Wesley  Watson  were  local  attorneys 
during  portions  of  the  same  period,  residing  at  Ewington  or,  after  the  removal  of 
the  county  seat,  in  1862,  at  Effingham.  Philbrook,  Burford,  Watson  and  Cooper  are 
long  since  dead.  Cooper  was  a  Massachusetts  Yankee  and  was  one  of  the  most  bril- 
liant lawyers  of  southern  Illinois.  He  was  major  of  the  Ninety-eighth  IlHnois 
Infantry  in  the  war  of  the  Rebellion.  Caldwell  was  a  captain  in  the  Fifth  Illinois 
Cavalry.  Watson  was  a  sergeant  in  the  Twenty-sixth  Illinois  Infantry.  Kag^y 
has  served  as  a  member  of  the  general  assembly  and  as  mayor  of  the  city  of 
Effingham.  Kepley  is  high  up  in  the  councils  of  the  Prohibition  party,  of  which 
he  is  an  active  and  influential  member.  Both  Kagay  and  Kepley  are  still  active 
practitioners  at  the  bar. 

During  the  first  thirty  years  following  the  organization  of  the  circuit  court 
there  was  but  twice  a  failure  to  transact  business  at  any  of  the  terms.  The  April 
term  in  1836  was  opened  and  immediately  adjourned  for  the  term  by  Judge 
Breese,  on  account  of  ''absence  of  jurors,  by  reason  of  high  water,  and  indispo- 
sition of  the  judge."  There  is  a  tradition  that  at  the  May  term,  1840,  the  judge, 
attended  by  the  attorney-general  and  the  goodly  company  of  lawyers  that  rode 
the  circuit  with  him,  put  in  their  appearance  the  afternoon  of  the  second  day. 
The  gentlemen  did  not  dismount,  but  sat  upon  their  horses  in  front  of  the  court- 
house. The  clerk,  sheriff  and  jurors  came  out  to  greet  them,  and  the  judge,  still 
sitting  upon  his  horse,  opened  court  then  and  there.  The  g^and  jury  was  selected 
and  sworn,  when  the  clerk  reported  no  cases  on  the  docket  to  try,  and  the  fore- 


THE  BENCH  AND  BAR  OF  ILLINOIS.  407 

man  reported  no  business  before  the  grand  jury.  The  judge  adjourned  "till  court 
in  course,"  and  the  procession  proceeded  along  the  old  Cumberland  road  to 
Greenup^  the  place  of  holding  the  next  court.  The  time  spent  was  less  than 
ten  minutes.  There  is  a  slight  corroboration  of  this  tradition.  There  is  no  rec- 
ord whatever  of  any  spring  term  of  court  in  1840. 

One  of  the  earlier  clerks  of  the  circuit  court  was  Hon.  W.  H.  Blakely.  He 
was  appointed  by  Judge  Breese  in  1835  and  served  some  twelve  years,  when 
he  was  elected  a  member  of  the  constitutional  convention  of  1848.  He  was  a  New 
Yorker  by  birth  and  a  man  of  intelligence  and  fine  judgment.  His  records  are 
models  of  neatness,  accuracy,  legibility  and  correct  orthography.  He  was  twice  a 
member  of  the  general  assembly, — in  185 1,  and  again  in  1873.    He  died  in  1878. 

Some  of  the  clerks  were  wont  to  spell  words  quite  differently  from  the  way 
of  Walker  and  Webster.  There  is  a  record  of  an  indictment  for  "purgery." 
Whether  the  offence  consisted  of  ''swearing  lies,"  or  was  a  species  of  malprac- 
tice will  perhaps  never  be  known  in  the  absence  of  the  original  papers. 

According  to  the  accounts  of  the  pioneers  of  those  early  days,  there  was  very 
little  money  in  circulation,  and  less  need  of  any  than  is  now  the  case.  Lawyers' 
fees  were  low  and  were  paid  mostly  in  produce  and  live  stock.  The  successful 
practitioner,  financially,  was  the  lawyer  who  could  best  collect,  handle  and  dis- 
pose of  this  kind  of  pay.  McLain  was  said  to  have  possessed  good  ability  in 
this  line.  While  he  was  living  at  Lawrenceville  tradition  declares  that  he  reached 
home  from  a  trip  on  the  circuit  the  4th  day  of  July,  and  found  an  heir  had  been 
born  to  him  that  morning.  He  was  greatly  elated.  He  entertained  his 
friends  at  the  "grocery."  He  filled  a  hollow  log  with  powder  and  fired 
it,  blowing  off  the  corner  of  a  church  building  on  the  next  lot.  He  then  opened 
gates  and  let  down  bars,  turning  loose  all  of  his  live-stock,  of  which  he  had  a 
large  number — a  stallion  and  two  Durham  bulls  among  the  rest.  He  told  his 
hired  man  to  quit  work.  He  declared  that  every  person  and  animal  about  him 
should  have  liberty  that  day  in  honor  of  the  event,  and  the  next  day  went  among 
his  neighbors  and  satisfied  all  damages  done.  He  named  the  new-comer  "Lib- 
erty McLain."  He  died  not  long  since  at  Indianapolis,  where  the  son,  an  hon- 
ored citizen,  resides. 

After  the  war  law  business  greatly  increased,  and  with  it  there  was  a  larger 
number  of  judges.  From  1865  to  1873  Hiram  B.  Decius^  of  Cumberland  county, 
was  circuit  judge.  He  had  great  success,  and  no  one  who  has  presided  over  the 
circuit  court,  before  or  since,  has  had  a  larger  number  of  judgments  affirmed  by 
the  supreme  court.  James  C.  Allen  succeeded  him  in  1873.  Judge  Allen  had 
served  three  terms  in  congress,  one  term  as  clerk  of  the  national  house  of  rep- 
resentatives, had  been  a  member  of  the  constitutional  convention  of  1870,  and 
also  a  member  of  the  general  assembly.  In  1877  John  H.  Halley  was  elected  an 
additional  circuit  judge,  and  Allen  went  upon  the  bench  of  the  appellate  court, 
where  he  remained  for  two  years.  He  has  since  served  a  term  as  postmaster  at 
Olney,  where  he  lives.  He  is  still  a  practitioner.  Judge  Halley  was  a  Virginian 
by  birth.    Before  the  war  he  was  a  member  of  the  Missouri  legislature.    He  was  a 


4o8  THE  BENCH  AND  BAR  OF  ILLINOIS. 

lieutenant-colonel  in  the  Confederate  army, — a  bluff  Virginia  gentleman  of  the 
old  type,  a  man  of  strict  integrity  and  no  small  ability. 

Since  1879  the  circuit  judges  have  been  C.  S.  Conger,  Thomas  S.  Casey, 
William  C.  Jones,  Carrol  C.  Boggs,  Silas  Z.  Landes  and  E.  D.  Youngblood.  The 
present  judges  are  Samuel  L.  D wight,  William  M.  Farmer  and  Truman  E.  Ames. 
Judge  Landes  has  twice  represented  his  district  in  congress.  Judge  Boggs  is  now 
a  member  of  the  supreme  court.  Judge  Casey,  who  died  some  years  ago,  was  a 
member  of  the  state  senate  and  was  colonel  of  the  One  Hundred  and  Tenth  Illi- 
nois Infantry  in  the  late  war.  Judge  Dwight  was  captain  in  one  of  the  Illinois 
regiments. 

For  several  years  after  the  war  John  Scholfield  and  O.  B.  Ficklin  were 
regular  attendants  upon  the  sessions  of  the  circuit  court.  Ficklin  had  been  a 
member  of  congress  from  1843  to  1849,  2tnd  again  from  185 1  to  1853.  Scholfield 
served  as  state's  attorney  and  member  of  the  legislature,  one  term  each.  He  was 
a  member  of  the  constitutional  convention  of  1870,  and  died  in  office,  after  a 
service  of  twenty  years  on  the  bench  of  the  supreme  court.  Illinois  never  had 
an  abler  lawyer  or  more  upright  judge  than  John  Scholfield. 

Foreign  attorneys  have  traveled  the  circuit  very  little  since  1865.  Among 
those  who  occasionally  attended  the  courts  were  George  R.  Wendling,  James 
A.  Connolly,  Thomas  Brewer,  James  C.  Robinson,  George  W.  Wall,  Thomas  J. 
Golden,  Richard  W.  Thompson,  Horace  S.  Clark  and  Jacob  W.  Wilkin.  All 
these  have  filled  places  of  distinction. 

The  members  of  the  local  bar  in  addition  to  those  before  named  have  been 
Benson  Wood,  Sylvester  F.  Gilmore,  N.  P.  Robinson,  William  H.  Gilmore, 
S.  E.  Pearson,  W.  H.  Barlow,  W.  B.  Wright,  Virgil  Wood,  R.  C.  Harrah,  E.  N. 
Rinehart,  A.  W.  Lecrone,  D.  L.  Wright,  F.  W.  Loy,  H.  S.  Parker,  W.  S.  Holmes, 
G.  F.  Taylor,  B.  Overbeck,  A.  S.  Loy,  C.  H.  Kelly,  T.  E.  Gilmore  and  Jacob 
Zimmerman.  Benson  Wood,  A.  W.  Lecrone  and  W.  H.  Barlow  served  in  the 
late  war,  having  each  the  rank  of  captain.  S.  F.  Gilmore  was  a  non-commissioned 
officer.  Robinson  was  a  member  of  the  legislature.  He  has  been  dead  a  num- 
ber of  years.  W.  H.  Gilmore,  Barlow,  Lecrone  and  Pearson  have  also  died.  S. 
F.  Gilmore  and  W.  B.  Wright  have  held  the  office  of  judge  of  the  county  court. 
Harrah,  W.  H.  Gilmore  and  Zimmerman  have  been  state's  attorney.  Rinehart 
has  twice  served  in  the  state  senate.  Benson  Wood  has  been  a  member  of  the 
legislature  and  has  also  represented  the  district  in  congress. 

With  the  passing  of  the  foreign  attorney  who  traveled  the  circuit  there  has 
been  a  lack  of  amusing  incidents  and  the  good  fellowship  that  characterized  the 
courts  of  former  years.  There  has  been  more  work  at  night  in  law  offices,  and  less 
talk  and  hilarity  at  hotels.  But  some  good  things  have  occurred  in  court  well 
worth  preserving.  Judge  Hooks,  of  the  county  court,  at  the  close  of  the  evidence 
in  a  long-spun-out  trial  limited  the  attorneys  to  ten  minutes,  and  the  jury  to  fifteen 
minutes  in  which  to  make  their  verdict.  Under  that  admonition  the  jury  came 
into  the  court-room  with  their  verdict  promptly  on  time.  Judge  Parks,  of  the 
same  court,  made  much  use  of  the  word  "disperse."  If  the  attorneys  got  to 
wrangling  he  would  bid  them  to  "go  on  and  disperse  with  the  case."    If  they 


THE  BENCH  AND  BAR  OF  ILLINOIS. 

were  *'pollyfoxing"  for  delay  he  would  tell  them  that  "the  case  mi 
persed."  He  onjce  declared  that  he  knew  his  judgment  was  rights  be( 
lawyers  on  both  sides  were  mad."  A  German  juror  who  was  being 
touching  his  understanding  of  the  English  language,  replied  that  he  "k 
vat  the  vitness  say,  but  not  much  vat  the  lawyer  say."  Judge  Hool< 
thetically  remarked  that  "The  court  often  labors  under  the  same  diffici 
ruled  that  the  juror  was  entirely  competent.    At  the  first  fall  term  of  t 

court  held  by  Judge  Decius,  "Uncle  John" and  two  others  rose  in 

to  the  inquiry  whether  any  member  of  the  jury  had  any  excuse  to  offe; 
should  not  serve.  One  pleaded  sickness  of  himself;  another  sickne; 
family.  When  Uncle  John  was  asked  to  state  his  excuse,  he  said:  "Jedg 
stay.  I  haint  gathered  my  hickor>'  nuts  yit,  and  the  woods  are  full  c 
Ficklin,  who  was  present,  volunteered  in  Uncle  John*s  behalf,  and  insij 
it  was  a  valid  excuse^  and  the  court  discharged  him.  Indeed,  the  repul 
the  judge  for  fairness  and  justice  would  have  greatly  suffered,  in  the  es 
of  the  audience,  had  he  done  otherwise. 

If  this  were  a  history  of  the  bench  and  bar  of  Effingham  county  ; 

would  not  be  complete  without  something  concerning  justices  of  the  pe< 

the  practice  before  them.     But  the  state  would  hardly  have  room  to  con 

books,  if  all  these  good  things  were  written.    Changes  of  venue  in  the  eai 

were  very  frequent,  and  each  party  was  allowed  one,  and  that  after  he  ha( 

the  "Court"  on  some  motion  decisive  of  the  case,  and  it  had  been  decided 

him.    The  rule  quite  generally  prevailed,  and  to  some  extent  does  yet,  of  d 

the  case  in  favor  of  the  party  who  brought  it  to  the  justice  by  the  change  of 

With  some  justices,  "costs"  were  the  principal  thing.^aw  and  evidence, 

cidents.    The  party  who  was  "good  for  costs"  hardly  had  a  fair  show,  unl 

opponent  was  equally  good.    In  all  matters  of  misdemeanor  over  which  j 

had  jurisdiction,  "three  dollars  and  costs"  was  the  regular  portion  of  th 

doer  who  was  found  guilty,  no  matter  how  aggravated  the  offence  was.    In 

instances,  one,  and  even  two  justices  were  invited  to  sit  in  the  trial  of  civil 

with  the  justice  before  whom  the  suit  was  brought. 

But  some,  yes,  many,  of  these  old  justices  of  the  peace  were  men  of  fine 
and  strong  character.    John  Broom,  George  M.  Sharp  and  Samuel  Fortne> 
long  in  office,  and  their  decisions  would  have  been  a  credit  to  any  circuit  < 
All  have  passed  away, — the  last  named  but  quite  recently.    Fortney  was  ai 
fashioned  Democrat  of  the  "states-rights"  school, — a  believer  in  the  "resolt 
of  '98."    He  was  orderly  sergeant  of  Captain  Lee's  company  of  the  Fourth  ] 
ment  of  Illinois  Volunteers  in  the  Mexican  war,  and,  it  is  said,  learned  to 
and    write    while    filling    that    position.     He    was    strictly    honest    and 
and     was     a    most    excellent    officer    and     citizen.      Before    the    war 
officially     declared    to    be    ended,    he    held    that    that  part    of    the    fe( 
law  which    made    an    unstamped   instrument    inadmissible    as    evidence   i 
state    court  was  unconstitutional, — not  in  just  that  language,  however, 
said :     "Congress  nor  nobody  else  has  any  business  to  say  what  kind  of  evid* 
goes  into  my  court."    At  the  same  time  he  informed  the  party  who  had  put  f 


410  THE  BENCH  AND  BAR  OF  ILLINOIS. 

the  document  that  he  lia<l  "Iain  himself  liable"  to  severe  penalty,  at  the  hands  of 
the  I'nitcd  States  courts,  by  his  faihire  to  put  on  the  requisite  stamp.  This  doc- 
trine, put  forth  in  this  homely  way,  was  afterward  held  good  by  the  supreme  court 


I 


.K 


r  . 


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THE  BENCH  AND  BAR  OF  ILLINOIS.  411 

justice  and  not  to  enshroud  the  cause  in  a  sentimental  garb  or  illusion  wKich  would 
thwart  the  principles  of  right  and  equity  involved. 

Mr.  White  was  married  August  25,  1875,  to  Miss  Nellie  J.  Bliss,  daughter  of 
Rev.  A.  Bliss,  a  pioneer  minister  of  the  Methodist  Episcopal  church,  and  for  many 
years  a  member  of  the  Southern  Illinois  conference.  Their  children  are:  Mary 
and  Nellie  K.,  deceased;  Bliss  C,  Annie  and  John  B.  Mr.  White  was  a  promi- 
nent Mason  in  Effingham  Lodge  and  was  recognized  as  one  of  the  leading  Repub- 
lican workers,  his  eloquent  and  convincing  oratory  proving  an  important  factor 
in  many  of  the  state  campaigns.  In  1888,  however^  his  views  differing  from  those 
of  the  party,  he  allied  his  forces  with  the  Democracy,  and  in  writing  of  this  a 
local  paper  said:  "Mr.  White  has  evidently  studied  the  one  great  issue  deeply 
and  thought  of  it  profoundly.  In  the  acquisition  of  so  gifted  a  man  as  John  C. 
White  the  Democracy  is  to  be  congratulated.  He  is  no  demagogue ;  he  has  not 
changed  through  the  promise  or  hope  of  office;  he  is  thoroughly  conscientious 
and  thoroughly  in  earnest.  He  will  make  his  appeal  to  the  higher  aims  and  the 
nobler  purposes  of  the  people  and  will  sow  seed  that  will  grow  for  all  time." 

Mr.  White  died  at  his  home  in  Effingham  December  12,  1888,  and  perhaps 
we  cannot  better  give  an  estimate  of  his  professional  and  personal  worth  than 
to  add  to  this  record  letters  that  were  written  to  Mrs.  White  on  his  death  and 
resolutions  passed  by  the  bar.    The  latter  read  as  follows: 

Whereas,  It  has  pleased  Divine  Providence  to  summon  John  C.  White,  an  honored 
member  of  the  Effingham  county  bar,  from  the  scenes  of  earthly  tribunals  to  a  court  where 
equal  and  exact  justice  is  meted  out  to  all,  seasoned  with  mercy;  and 

Whereas,  He  has  been  a  true  counselor  to  his  clients,  a  successful  advocate  of  their 
causes  in  our  courts,  and  a  hard  and  laborious  student  at  law  for  the  sake  of  right,  always 
a  friend  of  the  court,  courteous  to  his  brethren  in  the  profession,  just  to  opposing  counsel 
and  litigants  in  the  trial  of  causes,  respected  by  all,  esteemed  by  the  profession  as  a  lawyer 
of  great  attainments  who  loved  his  profession  because  it  aided  the  cause  of  justice;  a  good 
citizen,  discharging  every  obligation  and  every  trust  with  fidelity;  a  kind  and  indulgent 
husband  and  father;    therefore  be  it 

Resolved,  That  in  his  death  the  bar  of  this  county  has  lost  one  of  its  most  able  and 
honored  members,  our  city  and  county  one  of  its  most  useful  and  valuable  citizens,  his 
family  a  loving  husband  and  father,  and  that  we  tender  to  his  bereaved  wife  and  children 
our  sympathy  and  mourn  with  them,  in  this  their  darkest  hour  of  affliction. 

R.  C.  HARRAH,  ) 
B.  WOOD,  [•  Committee. 

S.  F.  GILMORE.  ) 


From  T.  R.  Burch,  general  agent  of  the  Phoenix  Insurance  Company,  came 
the  following  letter: 

Mrs.  John  C.  White,  Chicago,  December  20,  1888. 

Dear  Madam:  The  painful  though  not  unexpected  intelligence 
has  been  received  of  the  death  of  your  husband,  and  we  desire  to  express  to  you  our 
sincere  sympathy  on  this  occasion  of  your  sorrow.  We  have  known  Mr.  White  for  sev- 
eral years  and  have  learned  to  value  him  very  highly,  both  as  a  gentleman  and  as  a 
business  man.  His  connection  with  the  legal  department  of  this  company  has  given  us 
great  satisfaction.  His  gentlemanly  deportment  and  clear  insight  concerning  the  equities 
and  the  law  involved  in  propositions  that  were  submitted  for  his  consideration  had  im- 


412  THE  BENCH  AND  BAR  OF  ILLINOIS. 

pressed  us  with  his  great  superiority  as  a  lawyer  and  as  a  just  and  humane  man.  We 
cannot  recall  the  loss  of  any  one  whom  we  more  deeply  regret  so  far  as  our  own  affairs 
may  be  affected.  We  know  his  loss  to  you  is  infinitely  greater.  In  his  relations  as  hus- 
band and  possibly  as  father,  we  can  imagine  that  he  possessed  many  qualities  that  en- 
deared him  to  you  and  to  the  community  of  which  he  was  a  part. 

At  the  time  of  your  recent  visit  to  our  office,  while  no  mention  was  made  of  the  fact, 
we  felt  that  he  held  to  life's  tenure  by  a  weak  hand,  and  that  possibly  we  should  not  see 
him  again.    Of  course  it  is  a  common  thing  for  our  friends  and  our  associates  to  drop  out 
of  the  line  in  which  we  are  accustomed  to  walk.     Nothing  is  more  common  than  death, 
and  perhaps  there  is  nothing  that  we  should  regard  with  greater  favor.     We  who  have 
traveled  along  in  the  hard  and  dusty  roads  of  life,  receiving  but  little  for  our  labor  and 
our  pains  save  vexation  and  disappointment,  do  not  prize  too  highly  the  gift  and  we  have 
come  to  doubt  whether  life  or  death  is  the  greater  boon.    The  loss  is  to  you,  we  are  as- 
sured, and  not  to  your  husband.     He  had  lived  to  learn  in  life's  difficult  school  the  vanity 
and  worthlessncss  of  those  things  for  which  men  chiefly  strive.     He  had  seen  that  wealth 
and  ambition  are  not  worth  the  labor  they  cost.     But  one  thing  he  has  proven  of  ad- 
vantage.    We  refer  to  growth  of  character.     He  had  obtained  the  full  stature  of  a  noble 
and  fully  developed  man,  morally  and  intellectually.     He  had  acquired  that  wealth  and 
those  prizes  that  suffer  no  detraction,  no  depreciation  submitted  to  any  standards  of  value, 
whether  here  or  hereafter.     What  he  has  gained  in  those  particulars  have  added  to  the 
permanent  value  of  his  soul  and  will  follow  him  in  any  life  to  which  he  may  be  bom. 
You  will  find  much  comfort  in  the  recollection,  that  you  have  been  associated  in  life  and 
enjoyed  the  opportunities  of  so  close  a  communion  with  so  good  a  character  and  so  noble 
a  type  of  a  gentleman. 

Yours  with  great  respect, 

T.  R,  BURCH. 

Dr.  B.  F.  Wise,  state  agent  of  the  Phoenix  Insurance  Company,  wrote  of 
Mr.  White:  *'He  was  one  of  the  brightest  men  I  have  ever  known,  and  a  highly 
accomplished  and  genial  gentleman,  thoroughly  a  master  of  his  profession.  We 
will  find  no  more  John  C.  Whites  for  a  long  time  to  come;  in  fact,  I  believe  he 
had  no  superior  in  Illinois  and  very  few  equals."  Such  words  well  indicate  the 
life  of  Mr.  White.  He  was  a  man  of  very  strong  character,  fearless  in  defense  of 
what  he  believed  to  be  right,  and  his  influence  was  a  potent  factor  for  good  in 
the  community.  His  record  forms  a  part  of  the  history  of  southern  lUinois  and  his 
memory  remains  as  a  welcome  benediction  to  all  who  knew  him. 

Ferdinand  W.  Loy  was  born  March  lo,  1859,  in  Effingham  county,  Illinois. 
His  parents,  Thomas  M.  and  Susanna  (Wright)  Loy,  have  long  since  departed 
this  life.  His  father  came  to  this  county  in  1832,  emigrating  from  the  state  of 
Alabama,  and  aided  in  organizing  Effingham  county.  He  filled  a  number  of 
offices  in  the  county;  was  the  first  probate  judge  of  this  county;  was  county  sur- 
veyor, county  clerk,  and  represented  this  and  Fayette  county  in  the  legislature  at 
an  early  day.  His  wife  also  was  an  early  settler,  coming  from  the  state  of  New 
Jersey.    Her  people  were  Quakers. 

The  subject  of  this  sketch  attended  the  common  schools  of  this  county, 
taught  three  terms  of  school  and  read  law  in  vacation.  He  afterward  attended 
the  normal  school  at  Valparaiso,  Indiana,  for  one  year,  and  then  determined  to 
complete  his  law  course.  He  secured  the  position  of  principal  in  said  school,  and 
in  this  way  he  earned  his  expenses  while  taking  the  course  in  the  law  department 
of  that  institution,  graduating  in  1881.    He  was  afterward  admitted,  by  the  su- 


THE  BENCH  AND  BAR  OF  ILLINOIS,  413 

preme  court,  to  practice  in  Indiana  and  Illinois.  He  is  a  self-educated  and  self- 
made  man  in  every  sense  of  the  word,  having  depended  upon  his  own  exertions 
from  his  youth,  and  in  a  business  way  he  has  been  successful. 

Hon.  Benjamin  F.  Kagay  has  been  identified  with  the  legal  profession  for 
forty-three  years,  and  is  the  oldest  practicing  lawyer  in  Effingham.  His  ambition 
and  earnest  purpose  in  early  life  soon  enabled  him  to  attain  to  a  leading  position 
among  the  successful  practitioners,  and  he  has  ever  maintained  a  place  of  dis- 
tinctive preferment  among  those  who  have  devoted  their  energies  to  the  law  in 
southern  Illinois.  He  has  won  for  himself  very  favorable  criticism  for  the  careful 
and  systematic  methods  which  he  has  followed.  He  has  remarkable  powers  of 
concentration  and  application,  and  his  retentive  mind  has  often  excited  the  sur- 
prise and  admiration  of  his  colleagues. 

Mr.  Kagay  was  born  in  Fairfield  county,  Ohio,  February  27,  1831,  and  is 
a  son  of  A.  B.  and  Sarah  (Hall)  Kagay.  His  mother  was  of  Scotch-Irish  extrac- 
tion and  the  fafher  was  directly  of  German  descent,  but  his  ancestry  could  be 
traced  back  to  Switzerland,  whence  originated  the  family  that  has  now  numerous 
branches  in  America.  In  171 5  John  Kagay,  emigrating  to  this  country,  located 
in  Pennsylvania,  and  afterward  removed  to  the  Shenandoah  valley.  He  had  three 
sons,  one  of  whom  became  a  resident  of  the  Shenandoah  valley,  while  the  second 
remained  in  Pennsylvania,  and  the  third  emigrated  to  Canada.  Among  the  chil- 
dren of  the  latter  was  a  son  who  engaged  in  the  John  Brown  raid  at  Harper's 
Ferry,  and  was  killed  near  that  place.  There  have  been  four  emigrations  of  the 
Kagay  family  to  this  country,  the  first  being  John  Kagay  in  1715,  the  second 
Johormes  Kagay  in  1739,  the  third  Rudolph  Kagay  in  1764,  and  the  fourth  Simon 
Kagay  in  1818.  In  Switzerland  the  family  name  is  spelled  Kagi,  but  in  America 
it  has  various  spellings,  including  Keagy,  Kagy,  Kagay,  Kagey  and  Cagy.  How- 
ever, the  ancestry,  can  all  be  traced  to  a  common  source. 

Benjamin  F.  Kagay  of  this  review  acquired  his  elementary  education  in  the 
schools  of  Findlay,  Ohio,  in  which  town  his  father  had  located  in  1832.  In  1841 
the  latter  removed  with  his  family  to  Ewington,  Effingham  county,  Illinois,  where 
he  engaged  in  the  saddlery  and  harness  business,  and  in  1843  he  was  elected 
county  clerk.  Educational  privileges  in  the  town  were  very  meager.  A  strolling 
school-teacher  would  usually  be  employed  to  take  charge  of  the  school  during 
the  three-months  winter  term,  and  such  schools  Mr.  Kagay  attended.  Writing 
and  singing  masters  would  also  organize  classes,  likewise  a  teacher  of  geography, 
and  through  such  means,  by  diligent  study,  Mr.  Kagay  fitted  himself  for  the  pro- 
fession of  teaching.  He  was  employed  to  take  charge  of  a  school  in  the  **lost 
township"  of  Fayette  county,  Illinois,  his  pupils,  some  of  whom  were  older  than 
himself,  coming  from  Clay,  Effingham  and  Fayette  counties.  While  thus  engaged 
he  boarded  around  among  his  students.  Later  he  took  several  courses  in  pen- 
manship, after  which  he  taught  that  art  in  Marion,  Fayette,  Effingham,  Clay, 
Bond,  McLean  and  Sangamon  counties.  Thus  passed  the  time  from  185 1  until 
1853,  after  which  he  engaged  in  teaching  in  the  common  schools  in  Effingham, 
Fayette  and  Shelby  counties. 

At  the  age  of  eighteen  Mr.  Kagay  began  reading  law  and  mastered  Black- 


414  THE  BENCH  AND  BAR  OF  ILLINOIS. 

stone's  Commentaries  under  the  instruction  of  Eli  Philbrook,  the  second  lawyer 
to  locate  in  Ewinglon,  Effingham  county,  Illinois,  During  the  year  1853  he  taught 
school  in  Fayette  county  and  at  the  same  time  pursued  a  course  in  the  study  o( 
law  under  the  direction  of  Mr.  Crump  and  William  Campbell.  In  August,  1854, 
he  was  licensed  lo  practice  in  the  courts  of  Illinois,  and  the  following  year  opened 
an  oflicc  in  Ewington,  tlien  the  county  seat  of  Effingham  county,  at  which  time 
his  father  was  serving  as  county  treasurer.  On  the  removal  of  the  county  seat  to 
Effingham  in  i860  he  opened  an  office  in  the  court-house  at  that  place  and  lias 
since  been  an  honored  and  prominent  member  of  its  bar.  In  1862  he  formed  a 
parinerslitp  with  William  B.  Cooper,  and  for  twelve  years  the  firm  was  employed 
on  one  side  or  the  other  of  every  important  case  that  was  tried  in  the  circuit  court 
during  that  period,  their  clientage  being  very  extensive.  Since  the  dissolution  oi 
that  partnership  Mr.  Kagay  has  been  alone  and  has  continued  actively  in  practice 
up  to  the  present  time.  While  he  was  well  grounded  in  the  principles  of  common 
law  and  admitted  to  the  bar,  he  has  continued  through  the  whole  of  his  profes- 
sional life  a  diligent  student  of  those  elementary  principles  that  constitute  the 
basis  of  all  legal  science.  He  prepares  his  cases  with  great  care  and  his  ad- 
dresses before  the  courts  are  models  of  clearness  and  logic.  He  is  ever  faithful 
and  true  to  his  clients'  interests  and  as  a  result  has  been  connected  with  the 
most  important  litigation  of  his  district. 

From  his  boyhood  Mr.  Kagay  has  been  interested  in  military  affairs  and  early 
learned  to  play  the  tenor  drum.  His  knowledge  in  this  direction  was  utilized  in 
summoning  the  volunteers  for  the  Mexican  war  and  also  the  war  of  the  Rebel- 
lion and  at  the  old  settlers'  reunions.  This  faithful  drummer  still  calls  the  people 
to  tile  place  of  meeting.  His  service  in  civil  office  began  as  clerk  of  the  board  of 
trustees  of  the  incorporation  of  the  town  of  Ewington  in  1855.  He  filled  the  posi- 
tion of  supervisor  of  Douglas  township,  Effingham  county,  for  three  terms  from 
1869.  was  president  of  the  town  of  Effingham  from  1864  until  1867,  and  when 
the  city  was  incorporated  in  the  latter  year  he  was  elected  its  first  mayor.  In  1871 
he  was  elected  to  represent  Effingham  county  in  the  state  legislature  to  fill  a 
vacancy  occasioned  by  the  death  of  David  Leith.  For  four  years  Mr.  Kagay 
served  as  police  magistrate,  was  city  attorney  of  Effingham  for  four  tenns  of  two 
years  each,  and  for  thirty  years  has  been  a  notary  public.  Politically  he  followed 
in  his  father's  footsteps  and  became  a  Whig:  in  1858  he  supported  James  C.  Roh- 
inson  for  congress;  in  i860  he  voted  for  Douglas  for  president,  and  from  that 
time  to  the  present  has  followed  the  fortunes  of  the  Democratic  party.  In  early 
life  he  belonged  to  the  Methodist  Episcopal  church,  but  is  now  inclined  to  the 
belief  of  the  Unitarian  church,  although  he  is  not  identified  with  any  religious 
organization.  Since  1857  he  has  been  a  valued  and  faithful  member  of  Effingham 
Lodge,  Ko.  149,  A.  F.  &  A.  M.,  in  which  he  served  as  worshipful  master  for  a 
number  of  terms,  while  of  Effingham  Chapter,  R.  A.  M..  he  has  been  high  prie>t 
(or  a  number  of  years. 

The  home  life  of  Mr.  Kagay  has  been  very  pleasant.  While  teaching  pen- 
manship in  Fayette  county  he  became  acquainted  with  Miss  Martha  J.  Steams, 
a  daughter  of  Dr.  Abraham  and  Ann  S.  Stearns,  and  after  a  short  courtship  they 


THE  BENCH  AND  BAR  OF  ILLINOIS. 

were  married,  February  6,  1853.     Her  parents  were  pioneer  settlers 
Jocating"  in  the  state  during  its  territorial  days.    Her  father  was  a  nat 
nessee,  and  her  mother  belonged  to  the  Thompson  family  of  Kentuck\ 
Mrs.  Kagay  became  the  parents  of  five  children,  three  of  whom  are  li\ 
who  is  engaged  in  the  real-estate  and  insurance  business  in  Effingham, 
and  has  one  son,  B.  F.,  Jr.,  aged  ten  years,  and  a  daughter^  Bessie  I 
seven;  Laura  K.  is  the  widow  of  A.  B.  Judkins,  of  Springfield,  Illinois 
September  23,  1897,  since  which  time  she  has  removed  to  Los  Angeles, 
where  she  lives  with  her  two  children.  Aline  and  Alvin  Franklin,  aged  re 
sixteen  and  tw^elve  years;   and  Mattie  K.,  wife  of  O.  P.  Bray,  of  Inc 
Indiana,  a  passenger  conductor  on  the  Vandalia  line,  by  whom  she  ha* 
Orvnll  Perry,  aged  ten  years. 

In  1890  Mr.  Kagay  visited  California,  where  he  remained  one  year, 
ing  that  time  obtained  a  license  to  practice  law  in  all  the  courts  of  the  sta 
still  an  active  and  able  member  of  the  bar  of  Effingham  and  has  won  1 
distinction  by  the  capable  manner  in  which  he  has  cared  for  the  litigation 
to  him.  His  name  has  been  long  conspicuously  identified  with  the  \ 
Effingham  county  and  he  is  a  worthy  representative  of  that  type  of  i 
character  and  of  that  progressive  spirit  which  promote  public  good  in  a 
individual  prosperity  and  conserving  popular  interests. 

Captain  Henry  D.  Caldwell,  long  numbered  among  the  honored  ci 
Effingham  county,  deserves  special  mention  as  having  been  one  of  tl 
soldier  bovs  who  shouldered  arms  in  the  defense  of  the  Union,  and  in 
long,  weary  campaign  carried  the  old  stars  and  stripes  to  victory.    At  h 

w 

try's  call  he  w-as  ready  to  cheerfully  lay  down  his  life  for  her  good,  and 

this  supreme  sacrifice  was  not  required  of  him,  something  almost  as  p 

health,  was  the  price  he  paid  for  the  preservation  of  the  principles  of  equs 

union  for  which  he  struggled.     With  characteristic  reticence  and  mod 

frequently  sums  up  his  army  life  in  one  short  sentence,  but  the  detailed  hi 

the  long,  arduous  marches,  hard-fought  battles,  skirmishes  with  the  cnei 

posure  to  all  kinds  of  weather,  lack  of  food  and  proper  clothing,  etc.,  w( 

a  volume.     He  was  always  faithful,  prompt  and  reliable,  always  at  his 

duty,  and  the  praise  and  hearty  commendation  of  his  superior  officers  wen 

accorded  him.    Beginning  his  army  service  in  the  ranks  he  was  gradual 

moted,  and  was  finally  commissioned  captain  of  his  company.    His  duties  « 

stop  there,  however,  for  upon  different  occasions  he  was  the  officer  in  clir 

various  battalions  of  his  regiment  and  also  of  his  regiment  and  brigade.    B 

the  respect  and  loyalty  of  the  men  under  his  command,  as  well  as  the  cst( 

those  who  were  in  authority  over  him,  and  in  many  a  gallant  act  of  bravei 

daring  brought  fresh  honors  to  the  Union  cause. 

In  tracing  the  ancestry  of  Captain  Caldwell  we  find  that  he  springs 
sturdy  English-Irish  stock,  some  of  the  most  sterling  characteristics  of  eacl 
ing  descended  to  him  by  inheritance.  Born  January  21,  1825,  in  Russell  cc 
Virginia,  he  is  a  son  of  Andrew  Caldwell,  who  was  of  Irish  parentage,  and  po 
a  native  of  the  Emerald  Isle.  The  mother  of  the  Captain  was  a  Miss  Jerusha  E 


4i6  THE  BENCH  AND  BAR  OF  ILLINOIS. 

• 

ton  in  her  girlhood,  her  parents  being  English  people.  Mrs.  Caldwell  died  when 
her  son,  our  subject,  was  but  ten  years  old,  in  Shelby  county,  Illinois,  whither 
the  Caldwell  family  had  removed  some  years  previously.  Her  mother,  whose  sur- 
name was  Dickinson,  was  also  English.  Andrew  Caldwell  resided  in  this  state  for 
some  fourteen  years,  from  1830  to  1844,  his  death  occurring  in  the  year  last 
named.  During  the  war  of  1812  he  served  as  a  lieutenant  in  a  Virginia  regiment, 
and  later  was  a  member  of  the  state  legislature  there.  He  was  a  man  of  education 
and  prominence,  respected  by  a  large  circle  of  friends.  Having  decided  to  seek 
a  new  home  and  wider  opportunities  in  the  growing  west,  he  took  his  little  family 
to  Illinois.  For  some  time  he  resided  near  Mattoon,  Coles  county,  and  subse- 
quently he  made  his  home  in  the  town  of  Chester,  Randolph  county. 

The  early  years  in  the  life  of  Captain  Caldwell  were  spent  in  the  Illinois  of 
pioneer  days,  when  privations  and  hardships  were  a  matter  of  course.  Cabins 
were  rudely  constructed ;  had  dirt  floors,  chimneys  built  of  clay  and  sticks,  and 
great  wide  doors,  large  enough  to  drive  a  yoke  of  oxen  through,  so  that  the  huge 
logs  which  were  to  be  burned  in  the  fireplace  could  be  taken  into  the  house  with 
little  effort  on  the  part  of  the  inmates.  The  hardy  pioneers,  who  were  obliged  to 
rely  entirely  upon  themselves  in  every  essential,  were  really  men  of  genius,  as  may 
be  gathered  from  the  fact  that  in  the  construction  of  the  cabins  of  those  days  in 
this  state,  not  a  nail  or  strip  of  iron  was  used,  the  deficiencies  being  supplied  in 
various  ways.  Wooden  pins  served  for  hinges  to  doors  and  shutters,  and  a  wood- 
en latch,  with  the  **latch-string  always  hanging  out,'*  in  the  hospitable  language 
of  the  period,  was  a  sign  of  welcome  to  the  rare  passer-by.  Primitive  and  simply- 
constructed  bedsteads,  benches  and  tables  constituted  all  the  furniture  of  the  hum- 
ble cabin,  save  a  chest,  perhaps,  and  a  few  treasured  articles,  brought  from  the 
far-away  eastern  home.  A  gun,  powder-horn  and  bowie-knife  were  in  evidence  in 
these  pioneer  habitations,  and  many  a  meal  was  supplied  by  the  skilled  shot  of 
the  man  of  the  house,  who  brought  in  wild  game  of  various  sorts. 

As  may  be  inferred,  the  subject  of  this  narrative  had  but  limited  opportunities 
for  gaining  an  education.  For  a  short  time  he  attended  a  subscription  school  and 
after  he  grew  to  manhood  he  went  to  the  Sullivan  (Indiana)  Seminary  for  tw^o  or 
three  terms.  When  he  had  become  a  strong,  sturdy  youth,  he  commenced  flat- 
boating  on  the  rivers,  and  followed  this  pursuit  for  several  years.  Being  of  a 
studious  disposition  he  put  in  many  a  leisure  hour  with  his  books,  and  after  he 
had  left  the  pleasant  river  life  he  even  went  to  school  again  for  a  short  time.  He 
began  the  study  of  law  then,  and  started  in  practice,  giving  all  his  energies  to  his 
profession  up  to  the  outbreak  of  the  civil  war.  Next,  he  followed  his  army  service, 
he  being  one  of  the  first  to  enter  the  ranks  of  devoted  patriots  and  one  of  the  last 
to  leave,  as  he  would  not  have  done,  had  his  country  longer  needed  him.  Poor 
health  has  always  been  his  portion  since,  and  for  a  number  of  years  he  has  been 
practically  retired  from  business  on  this  account.  The  boys  who  wore  the  blue 
have  always  been  very  near  and  dear  to  his  heart,  and  for  years  he  has  been  a 
valued  member  of  the  Grand  Army  of  the  Republic.  Politically,  he  has  ever  been 
an  uncompromising  politician,  supporting  the  party  nearest  his  convictions  and 
avoiding  sectionalism.    He  voted  for  Bell  and  Everett,  but  has  since  voted  the 


THE  BENCH  AND  BAR  OF  H^LINOIS, 

Republican  ticket.     Among  his  old  friends  and  associates  of  the  bench 
were  J.  C.  Emerson,  of  Decatur;  Elam  Russ,  of  Greenville,  prosecuting  i 
John  S.  Kelley,  clerk  of  the  circuit  court  and  master  in  chancery;    Sa 
Park,  sheriff;  Eli  Philbrook;  James  Ladovv,  etc. 

The  first  marriage  of  jMr.  Caldwell  was  with  Sarah  A.  Edwards,  the 
being  solemnized  in  Darwun,  Clark  county,  Illinois,  on  the  20th  of  Marc 
She  died  June  30,  i860,  at  Teutopolis,  Effingham  county.    All  of  the  four  ( 
born  to  them  are  deceased,  two  having  died  in  infancy  and  the  others 
years.    The  Captain  married  his  present  wafe,  who  was  then  Miss  Ann  M 
in  Moultrie  county,  Illinois,  April  17,  1864.    Their  six  children  were  Chai 
Robert  A.,  Franklin  L.,  Walter  T.,  Wert  B.  and  Jack.    Charles  W.,  Wert 
Jack  survive. 

Hon.  Rufus  C.  Harrah  of  Effingham  is  one  of  the  representative  mem 
the  bar  in  this  section  of  the  Prairie  state.    Moreover,  he  is  one  of  the  pion 
Illinois,  and  for  forty  years  has  been  actively  interested  in  everything  r 
to  the  commercial  and  public  prosperity  of  his  adopted  state.    In  the  vario 
portant  offices  of  distinction  and  responsibility  which  he  has  filled  he  has 
entire  satisfaction  to  the  general  public,  those  of  his  own  profession  and 
terested  in  the  proper  management  of  civic  affairs.    While  he  stands  as  a 
exponent  of  the  Democratic  party  platform,  he  is  not  a  partisan  in  the  n 
sense,  but  is  broad-minded  and  liberal,  devoted  to  the  good  of  his  fellow  m 
Born  in  Putnam  county,  Indiana,  in  1846,  Mr.  Harrah  w^as  a  lad  of  t 
years  when  he  accompanied  his  parents  to  Jasper  county,  Illinois.    The  co 
was  sparsely  settled  at  that  time  and  he  was  obliged  to  walk  three  miles  to  s( 
which,  however,  he  attended  only  in  the  winter  season,  the  rest  of  the  year  1 
devoted  to  farming.     He  was  a  quick,  intelligent  student  and  w-ith  the  n- 
which  he  earned  in  teaching  school  for  three  years  he  paid  his  tuition  in  the 
bondale  schools  and  in  Westfield  College.    When  in  his  fourth  year  at  the  co 
he  left  its  halls  in  order  to  begin  the  study  of  law.  His  preceptor  was  J.  N.  G 
of  this  city,  and  it  was  not  until  1874  that  he  was  admitted  to  the  bar,  for,  ii 
meantinie  he  was  elected  and  served  as  a  police  magistrate.     In  that  cap; 
he  met  with  commendation,  and  in  1877  he  was  honored  by  a  re-election. 
continued  to  act  as  a  magistrate  until  1880,  when  he  was  further  honored  by  b' 
elected    state's  attorney.     During  the  long  period — some  sixteen  years — of 
service  as  such  he  made  a  record  of  which  he  has  just  cause  to  be  proud.    Nei 
fear  nor  favor  had  any  influence  over  him,  and  at  all  times  he  earnestly  sough 
bring"  the  guilty  to  justice,  though  no  trace  of  ill  will  or  unfairness  was  ever 
ser\'^able  in  his  treatment  of  defendants. 

At  the  same  time  that  he  w^as  officiating  as  state's  attorney  Mr.  Harrah  c 
ducted    an  extensive  law  practice  for  himself,  but  never  did  he  allow  the  one 
encroach  upon  the  other.    He  is  particularly  well  versed  in  law  and  has  met  w 
marked   success  at  the  numerous  times  that  he  has  appeared  in  cases  before  t 
supreme  court  and  the  appellate  courts  of  the  state.    Among  his  other  victor 
wsLS  tliat  in  the  case  of  the  American  Express  Company  versus  the  People,  in  t 

27 


4i8 


THE  BENCH  AND  BAR  OF  ILLINOIS. 


supreme  court,  where  he  successfully  defended  the  constitutionality  of  the  present 
game  law. 

Having  had  abundant  opportunity  to  know  what  the  courts  of  the  state  cost 
the  people,  he  is  the  more  solicitous  on  their  behalf  and  has  a  much  higher  idea 
of  his  duty  toward  the  great  commonwealth  than  many  members  of  the  bar 
possess.  He  is  firm  and  unyielding  when  he  has  become  convinced  of  the  rights 
of  a  case,  and  unwaveringly  carries  out  his  convictions  of  duty.  With  one  ac- 
cord, his  associates  in  the  legal  profession  render  him  praise  and  honor,  and 
regardless  of  party  they  gave  him  their  support,  when,  in  the  spring  of  1897,  he 
was  a  candidate  for  the  circuit  judgeship. 


CHAPTER  XXII. 

THE  BENCH  AND  BAR  OF  CUMBERLAND  COUNTY. 

CONTRIBUTED    BY  FLAVIUS  TOSSEY,    OF   THE   TOLEDO    (iLLINOIs)    BAR. 

CUMBERLAND  COUNTY  was  stricken  from  Coles  in  1843.  The  first 
term  of  circuit  court  was  held  in  October,  1843,  ^^^  annually  thereafter 
two  or  three  years.  Greenup  was  the  county  seat  until,  after  divers  votes, 
at  which  no  point  received  a  majority,  Prairie  City  (now  Toledo)  received  a 
majority  of  votes  in  1855,  after  which  the  books  were  removed  to  the  latter  place, 
which  has  been  the  county  seat  ever  since. 

The  terms  of  court  at  Greenup  were  held  in  a  log  school-house  (long  since 
non  est)  a  hundred  yards,  or  thereabouts,  south  of  the  Conzet  House.  This  hotel, 
on  Cumberland  street,  or  "National  Road,"  has  never  passed  out  of  the  Conzet 
family,  and,  thoroughly  modernized,  under  its  present  owner,  Charles  Conzet,  and 
his  estimable  wife,  with  the  same  old  well  of  fifty-five  years  ago,  is  celebrated 
throughout  this  section  of  the  state  as  a  resting  place  for  the  weary  traveler,  even 
as  the  old  hotel,  then  known  as  tavern,  was  in  the  long  ago,  with  the  venerable 
father  of  its  present  proprietor  at  its  head. 

William  Wilson,  one  of  the  supreme  judges, — I  think  chief  justice, — of  the 
state,  held  the  first  two  or  three  terms  of  court.  I  remember  reading  in  Parsons 
on  Contracts,  in  my  law-studying  days,  copious  extracts  from  this  judge's  opinion 
as  supreme  judge  in  a  case  of  Talbott,  Monohon  and  others,  taken  from  this 
county  to  the  supreme  courts  perhaps  in  the  '50s.  Aaron  Shaw,  of  Lawrence 
county,  was  prosecuting  attorney  for  some  terms  of  court  in  the  early  days. 
Among  other  members  of  the  bar  whose  voices  were  heard  in  the  old  log  school 
court-house  were  Kitchell  and  Allen,  of  Crawford;  Constable,  Harlan,  Dulaney 
(the  last  still  living),  of  Clark;  Joshua  W.  Ross,  of  Fayette;  Linder,  Ficklin, 
Cooper,  of  Coles;  and  in  one  case  brought  by  change  of  venue,  Abraham  Lincoln, 
of  Sangamon. 

The  writer  has  heard  "old  settlers"  say  that  Lincoln's  method  of  argument 
was  cool,  dry^  without  ornament,  but  hard-headed  and  deep.  He  defended  a  man 
for  assault  to  murder, — a  serious  offense  in  those  days, — ^but  the  defendant  was 
convicted,  and,  if  recollection  be  not  at  fault,  was  pardoned.  I  have  an  old  table, 
since  the  county  seat  has  been  at  this  place,  cast  out  as  worthless  furniture  many 
years  ago,  and  purchased  of  the  sheriff  for  seventy-five  cents,  said  to  have  been 
the  table  at  which  Lincoln  and  others  spoke  in  those  old  times.  There  were 
doubtless  other  "circuit  riders"  from  other  counties  who  attended  court  in  those 
old  days,  but  memory  does  not  now  recall  them. 

Elisha  H.  Starkweather  was  the  first  resident  lawyer  in  Cumberland  county, 

having  dwelled  upon  a  farm  which  was  then  in  Hurricane  precinct,  and  practiced 

419 


420  THE  BENCH  AND  BAR  OF  ILLINOIS. 

his  profession  before  the  formation  of  this  county,  at  Charleston,  Coles  county. 
After  the  formation  of  this  county  he  removed  to  Greenup,  and  continued  prac- 
tice, being  at  the  first  court  held.  He  was  an  old  "common-law"  lawyer,  and  while 
not  ornate  in  delivery  his  pleadings  developed  a  thorough  mastery  of  Chitty.  He 
was  born  and  educated  "down  east,''  and  was  as  well  deep  in  literary  as  legal  lore. 
He  was  Cumberland  county's  first  master  in  chancery  and  served  a  term  or  two 
in  the  legislature.  After  the  Terre  Haute,  Alton  &  St.  Louis  Railroad  was  located 
through  Charleston,  he  removed  to  that  point,  but  continued  to  practice  in  our 
Cumberland  circuit  courts  until  his  death, — in  1862  or  1863,  I  think.  Alia  N. 
Rosecrans  now  lives  upon  and  owns  the  **old  Starkweather  farm"  in  Union  town- 
ship (formerly  Hurricane  precinct),  this  county. 

James  LaDow  was  among  the  early  resident  lawyers  of  this  county,  living  at 
Greenup  until  his  death — about  1859 — and  practicing  there  until  the  county-seat 
came  here;  afterward  he  practiced  here,  but  kept  his  residence  at  Greenup.  He 
was  highly  esteemed  by  his  brethren  of  the  bar  and  by  his  neighbors  during  the 
short  time  he  was  permitted  to  dwell  in  their  midst.  His  widow,  Mrs.  Lucy  P. 
LaDow,  was  appointed  postmaster  at  Greenup  in  1861,  and  is  said  to  have  been 
the  first  lady  postmaster  in  the  United  States. 

L.  W.  Templeton  was  a  brilliant  early-day  lawyer  who  lived  in  Greenup.  In 
the  midst  of  what  appeared  to  presage  a  prosperous  career  at  the  bar  the  death- 
call  came,  and  he  had  to  respond,  about  1859  ^^  i860. 

The  last  term  of  court  held  by  Judge  William  Wilson  was  the  May  term, 
1848.  The  annual  terms  had  shifted  from  October  to  May,  and  soon  thereafter 
the  terms  were  held  semi-annually.  The  constitution  of  1848  coming  in  force,  the 
supreme  judges  ceased  doing  circuit  duty,  and  judges  were  elected  specifically  to 
hold  circuit  courts. 

Justin  Harlan,  of  Marshall,  Clark  county,  was  the  first  regularly  elected  cir- 
cuit judge  to  hold  court  in  Cumberland  county.     His  first  term  was  at  Greenup 
in  May,  1849.    One  of  his  most  important  cases  was  The  People  versus  Samuel 
Olmsted  and  Polly  Olmsted,  for  murder  of  two  children  of  the  former.    The  first 
special  term  held  in  this  county  was  begun  December  9,  1851,  and  the  caption  of 
the  old  Complete  Record  for  that  term  is  in  Judge  Harlan's  writing, — showing 
that  said  special  term  was  held  "for  the  indictment  and  trial  of  Samuel  and  PoUy 
Olmsted,  now  in  jail  on  a  charge  of  murder."    They  were  indicted  at  this  term, 
and  admitted  to  bail,  in  two  thousand  dollars  each,  to  the  next  term,  when  a 
change  of  venue  was  granted  to  the  Clark  circuit  court.    They  were  finally  tried 
in  Clark  county,  and  the  father,  Samuel  Olmsted,  acquitted;  the  step-mother  was 
found  guilty  and  sentenced  to  the  penitentiary  for  five  years.    When  taken  to  the 
prison,  she  being  enceinte,  the  warden  refused  to  receive  her,  and  she  was  re- 
turned to  this  county  in  charge  of  the  sheriff  and  died  soon  afterward.    There  are 
a  few  old  men  who  talk  of  this  case  yet.    It  was  then  a  celebrated  case  all  up  and 
down  the  then  sparsely  settled  Wabash  valley.     There  was  strong  talk  of  lynch 
law,  but  good  order  finally  prevailed, — whether  right  or  wrong.     Linder,  Con- 
stable and  many  other  distinguished  old-time  lawyers,  whose  names   I  cannot 
recall,  were  in  this  case,  and  its  hearing  attracted  people — all  overland — from  a 


THE  BENCH  AND  BAR  OF  ILLINOIS.  421 

half-dozen  counties  in  southeastern  Illinois,  and  some  from  across  the  Wabash 
on  the  Indiana  side.    Samuel  Olmsted  had  "parted"  from  his  first  wife,  married 
this  murderess  and,  after  her  call  to  Satan,  one  or  two  other  women.     After 
their  death,  he  became  repentant,  and  he  and  his  first  wife  in  their  old  age  were 
reunited — the  marriage  ceremony  being  performed  by  their  son,  Benjamin  B. 
Olmsted,  then  a  justice  of  the  peace,  a  prosperous  merchant  and  farmer  and 
an  excellent  citizen,  who  passed  his  declining  years  at  Johnstown,  this  county. 
Justin  Harlan  served  the  people  faithfully  until  1861.     He  was  an  erudite 
lawyer,  a  just  judge,  and  God's  noblest  work, — an  honest  man.    At  different  times 
during  his  judgeship  the  number  of  his  circuit  was  changed, — sometimes  a  county 
dropped  or  added.    He  held  courts  in  Coles,  Shelby,  Edgar,  Effingham,  Clark  and 
other  counties — among  them  Douglas,  after  its  organization  in  1855,  from  Coles 
county.    He  did  more  circuit  duty,  tried  more  cases  than,  and  gave  as  good  satis- 
faction as,  all  three  of  the  latter-day  judges  in  country  circuits  of  to-day.    He  did 
not  rush  matters,  but  gave  every  case  its  due  time  for  trial.    He  was  a  great  whit- 
tler,  would  fashion  chains,  charms,  etc.,  from  pine,  and  appear  to  be  taking  little 
notice  of  a  jury  trial,  but  when  a  question  of  competency  of  evidence  arose,  or  the 
time  for  instructions  arrived,  it  was  soon  seen  that  not  a  detail  of  the  case  was 
escaping  his  notice. 

James  C.  Robinson,  after  the  Mexican  war,  engaged  in  the  practice  of  law. 
He  dwelled  on  a  farm  near  Westfield,  Clark  county.  I  presume  his  first  plea  in 
a  circuit  court  was  before  Judge  Harlan.  Mr.  Robinson  frequently  attended  our 
courts.  In  i860  he  was  elected  to  congress  from  the  district  of  which  our  county 
was  a  part,  defeating  James  T.  Cunningham,  of  Coles  coimty,  one  of  the  best 
men  that  ever  lived,  and  father  of  the  now*  venerable  John  Cunningham,  editor 
of  the  Greenup  Press.  Mr.  Robinson  was  re-elected  a  time  or  two,  as  I  recollect, 
before  he  removed  to  Springfield,  w^here  he  died  in  1886.  As  he  was  long  a  part- 
ner of  General  Palmer,  the  editor  of  this  w-ork,  I  shall  trespass  no  further  with 
details  as  to  him,  than  to  say  that  the  last  time  I  saw  him  was  at  Charleston,  in 
1886,  a  short  time  before  his  deaths  in  company  with  Colonel  Ficklin,  who  also 
departed  this  life  soon  afterward. 

James  Polk  Robinson  and  Nathaniel  P.  Robinson  (sons  of  James  C),  the 
former  then  living  at  Olney,  the  latter  at  Effingham,  used  to  practice  in  our  courts. 
James  P.  died  in  the  west,  where  he  had  won  laurels  as  a  practitioner;  Nathaniel 
P.,  after  a  few^  years  in  Texas,  where  he  was  thought  to  have  regained  health, 
dropped  dead  in  a  drug  store  in  Terre  Haute,  I  think.  The  last  time  I  saw  these 
two  bright  brothers  was  at  the  St.  James  hotel  (formerly  the  Madison  House),  in 
Marshall,  in  March,  1884. 

In  1856  William  W.  Craddock  was  presented  by  the  Republican  party  as  a 
candidate  for  state's  attorney — that  officer  then  traversing  the  circuit  with  the 
judge.  **Crad''  was  an  unusually  bright  man  and  practitioner,  oratorical,  argu- 
mentative and  witty.  The  Democrats  of  the  circuit  w-ere  at  a  loss  whom  to  pit 
against  him,  but  finally  chose  a  young  man,  from  Clark  county,  who  had  not  long 
before  graduated  at  the  Louisville  Law  School.  In  those  days  it  was  customary 
for  opposing  candidates  to  make  a  joint  canvass  of  counties  or  circuits  or  districts. 


422  THE  BENCH  AND  BAR  OF  ILLINOIS. 

public  debates  being  held  at  most  of  the  towns  or  voting  places.    The  first  debate 
between  Craddock  and  the  new  candidate  was  at  the  court-house  in  Prairie  City 
(now  Toledo),  and  many  Democrats  were  nervous  as  to  how  their  nominee  would 
fare.     It  was  a  well  fought  battle.   ,The  new  candidate  made  his  mark  at  once. 
His  name  was  John  Scholfield.    He  was  elected,  and  made  a  vigorous  prosecutor, 
refusing  re-election.    As  is  well  known,  he  died  two  or  three  years  back,  a  supreme 
judge  of  Illinois,  elected  as  such  without  opposition  in  his  district,  after  having 
declined  an  appointment  to  the  chief-justiceship  of  the  United  States  supreme 
court, — more  honored  in  his  refusal  to  accept  this  latter  place,  where  the  people 
have  no  voice,  than  he  would  have  been  in  accepting.    His  opponent  in  the  state's 
attorney's  race,  Mr.  Craddock,  died,  I  think,  at  Mattoon,  in  the  prime  of  life, 
highly  esteemed  by  all  who  knew  him,  and  possessed  of  one  of  the  most  brilliant 
intellects  that  graced  the  bar  of  this  section  of  the  state. 

About  the  first  man  sentenced  for  contempt  in  this  place  was  an  old  fellow 
who  looked  on  the  raw  liquor  when  it  was  strong.    His  favorite  expression,  when 
boozing,  was  a  prolonged  whistle,  followed  by  the  words,  *'Whoop!   That's  the 
obstacle!"     One  day  while  court  was  in  session  the  old  fellow  rolled  into  the 
court-room,  and  listening  a  moment  to  some  advocate  lunging  forth  bursts  of 
eloquence  to  a  jury,  soon  electrified  the  audience  with — (Prolonged  whistle) — 
**Whoop!    That's  the  obstacle!"   Amidst  the  roars  of  laughter  and  the  discom- 
fiture of  the  attorney  that  followed,  was  heard  the  voice  of  Judge  Harlan,  direct- 
ing the  sheriff  to  ^'remove  that  obstacle  until  to-morrow  morning,  at  a  charge 
of  ten  dollars  and  costs."    The  common  jail  of  the  county  not  yet  being  built,  the 
old  fellow  escaped  incarceration.     Right  here  we  might  pause  to  remark  that 
prior  to  the  removal  of  the  county  seat  to  this  place,  large  sycamore  gums,  heavy 
and  well  covered,  had  served  as  the  bastile  for  offenders  during  term  time, — Clark 
or  Coles  counties  furnishing  jail  facilities  between  terms  for  prisoners  of  our 
county.     Afterward  a  small  one-story  brick  building  w^as  built  in  this  town  and 
called  a  jail,  and  it  still  exists — a  disgrace  to  the  county  and  to  civilization,  and 
has  been  condemned  by  the  grand  juries  of  the  county  for  the  past  quarter  of  a 
century. 

In  the  early  '50s,  at  Greenup,  Thomas  Brewer,  who  had  served  his  county  as 
sheriff,  was  admitted  to  the  bar,  became  a  partner  of  Hon.  E.  H.  Starkweather 
and  so  remained  until  the  latter  removed  to  Charleston.  After  the  permanent 
county  seat  w-as  located  at  this  place  he  at  once  bought  land  near  the  town,  erected 
a  commodious  dwelling,  removed  here  and  remained  here  until  his  death.  While 
brought  up  in  a  new  country  and  in  an  early  day,  the  son  of  a  pioneer,  without 
those  facilities  for  education  afforded  even  a  few  years  afterward,  he  was  pos- 
sessed of  a  wonderful  fund  of  natural  sense  and  eloquence.  '  He  was  a  shrewd 
observer  of  events  and  men,  and,  while  not  a  close  student  of  the  law,  well  remem- 
bered every  proposition  he  had  learned,  either  by  reading  or  in  actual  practice. 
He  was  eloquent  and  persuasive  and  resourceful.  His  force  before  juries  was 
wonderful,  and  I  think  never  excelled,  if  equaled,  in  our  county.  He  was  elected 
to  the  general  assembly  in  1858,  and  to  the  state  senate  in  1874.  His  eloquent 
voice  has  been  heard  in  campaigns  all  over  eastern  Illinois.    By  honesty  and  rea- 


THE  BENCH  AND  BAR  OF  ILLINOIS.  423 

sonable  frugality,  not  parsimony,  he  acquired  a  competence,  but  was  not  wealthy. 
He  never  gave  up  farming  entirely  at  any  time.  In  his  latter  years  he  ceased  his 
law  practice,  save  occasionally  to  aid  an  old  friend  or  some  one  in  distress,  and 
became  a  licensed  minister  of  the  Methodist  Episcopal  church,  of  which  for  almost 
a  lifetime  he  had  been  a  consistent  member.  He  never  preached  for  pay;  he  gave 
hundreds  of  dollars,  yes,  thousands,  to  the  poor,  to  the  church,  to  the  ministry, 
wherever  he  felt  it  was  needed,  receiving  nothing.  Where  words  of  comfort 
were  needed  in  death,  he  was  there.  Although  not  of  the  same  faith,  such  was 
our  esteem  for  him  as  a  man  and  as  a  minister  and  life-long  acquaintance  that  he 
preached  the  funeral  sermon  of  John  B.  Tossey,  a  brother  of  the  writer,  who  was 
cut  down  in  early  manhood,  in  October,  1885.  That  same  evening  Mr.  Brewer 
exhibited  symptoms  of  some  kind  of  throat  trouble.  In  November,  1886,  the  end 
came.  His  had  been  a  busy  and  a  useful  and  a  Christian  life,  and  his  loss  was 
universally  felt  and  mourned.  He  was  buried  in  the  family  lot  in  the  Toledo 
cemetery,  the  funeral  being  in  charge  of  the  bar  of  this  and  surrounding  counties. 
His  last  words  were:  "All  is  well."  Among  visiting  attorneys  at  his  funeral  was 
Hon.  Thomas  L.  McGrath,  of  Mattoon,  then  state  senator  of  the  district  of  which 
Cumberland  county  was  a  part.  The  writer  and  he  walked  together  from  Mr 
Brewer's  residence  to  the  Methodist  Episcopal  church.  Mr.  McGrath  was  then 
badly  crippled  by  rheumatism,  and  only  a  couple  of  years  afterward — in  Decem- 
ber, 1888,  I  think — ^jusf  after  re-election,  he  was  suddenly  called  hence. 

About  the  year  1857  Hiram  B.  Decius  was  admitted  to  the  bar.  He  was  a 
native  of  Fairfield  county,  Ohio^  but  came  to  this  county  with  his  parents  when 
very  young.  He  was  elected  county  judge  in  1861,  but  before  his  term  expired 
was  elected  representative  to  the  legislature  for  the  counties  of  Cumberland  and 
Clark.  Shortly  after  the  expiration  of  his  term  in  the  legislature  he  was  elected 
to  the  circuit  judgeship,  to  complete  the  term  of  Hon.  Charles  H.  Constable,  who 
died  at  Effingham  during  a  term  of  court.  Judge  Decius  w^as  re-elected  in  1867 
for  the  full  term,  serving  until  1873.  After  his  term  expired,  in  1873,  he  resumed 
the  practice  of  law,  and  continued  therein  until  his  death,  which  occurred  in 
September,  1882. 

His  was  an  active,  energetic  life.  He  was  an  indefatigable  worker  and 
student.  His  judgment  as  a  lawyer  was  almost  unerring,  and  Jiis  decisions  in  the 
cases  taken  from  his  to  the  supreme  court  were  nearly  unanimously  sustained.  He 
"rode  the  circuit"  for  years  as  a  lawyer,  and  in  most  of  the  counties  in  which  he 
held  court  he  had  to  traverse  the  distance  by  land.  He  too,  like  others  of  the 
circuit  judges  of  years  ago,  did  more  work,  held  more  courts  and  heard  and  dis- 
posed of  more  cases  at  a  much  smaller  salary — I  think  twelve  hundred  dollars  a 
year — than  all  three  of  the  judges  in  the  latter-day  circuits. 

As  a  lawyer,  after  his  retirement  from  the  bench,  he  was  engaged  in  many 
of  the  leading  cases  in  adjoining  counties,  as  well  as  nearly  all  in  his  own  county. 
Among  important  cases  tried  before  him  as  a  judge  were  the  celebrated  Cham- 
paign cattle  cases,  about  the  year  1870^  involving  the  constitutionality  of  certain 
legislation  against  Texas  cattle.  He  held  favorable  to  the  constitutionality  of  the 
law,  and  his  decisions  w^ere  upheld  by  the  supreme  court.     He  defended  in  the 


424  THE  BENCH  AND  BAR  OF  ILLINOIS. 

celebrated  Long  Point  murder  case,  in  1876,  his  associate  counsel  being  Judge 
J.  W.  Wilkin,  now  of  the  state  supreme  court,  and  L.  N.  Brewer,  of  this  village. 
The  defendants  were  acquitted.  He  was  also  leading  counsel  in  a  great  deal  of 
litigation  growing  out  of  the  construction  of  the  old  Grayville  &  Mattoon,  now 
the  Peoria,  Decatur  &  Evansville,  Railway.  He  was  about  fifty-two  years  old 
when  he  died,  and  he  left  a  competency  to  his  four  surviving  children.  Of  these, 
Lyle,  now  of  the  firm  of  Everhart  &  Decius,  is  now  in  the  active  practice  of  his 
father's  chosen  profession. 

Back  in  the  trial  of  the  celebrated  Champaign  cattle  cases  above  mentioned, 
among  the  counsel  whom  I  remember  were  Judge  C.  B.  Smith,  Judge  Summers, 
Judge  Scholfield  and  O.  B.  Ficklin;  there  were  others  whose  names  I  do  not  now 
recall.    Still  further  back,  before  Judge  Decius'  election  to  the  bench, — in  fact, 
about  the  year  1861,  there  was  a  celebrated  replevin  case  between  two  good  old 
farmers* — both  with  fat  pocketbooks — over  the  ownership  of  a  calf,  worth  prob- 
ably  five  dollars  *'in  coin  of  the  realm."    It  was  brought  by  appeal  to  the  circuit 
court,  and  was  tried  twice,  with  the  result  of  disagreed  juries,  after  numerous  con- 
tinuances, and  the  sending  to  the  army  in  the  meantime  for  divers  depositions  of 
men  who  knew  something  about  the  case  and  who  had  enlisted.    Among  the 
counsel  were  Messrs.  Thomas  Brewer,  Decius  and  Ficklin  for  the  plaintiff,  and 
Messrs.  Craddock,  Scholfield  and  Ethelbert  Callahan  for  the  defendant.    I  recol- 
lect Judge  Scholfield  making  an  able  argument  bearing  on  the  instinct  of  the  calf 
— then  grown  to  a  large  steer — in  going  in  the  direction  of  the  farm  of  the  defend- 
ant :  to  this  Colonel  Ficklin  responded  that  he  had  not  heard  of  Mr.  Instinct  being 
sworn  in  the  case.    Eventually  the  suit  was  decided  in  favor  of  the  defendant,  the 
mistaken  identity  being  plain. 

George  C.  McCune  came  here  about  1857  and  engaged  in  practice.  I  think 
he  came  here  from  Shelbyville,  having  previously  come  there  from  a  prolonged 
trip  with  the  '*  '49ers"  to  California,  and  having  ere  that  gone  from  Ohio  to  the 
Mexican  war.  He  was  a  well  read  lawyer,  but  had  a  temper  of  large  dimensions, 
which  was  often  taken  advantage  of  by  opposing  counsel  to  his  disadvantage  in 
the  trial  of  cases.  Previous  to  leaving  Ohio  he  had  been  a  preacher  of  universal 
salvation,  and  away  back  about  1837,  according  to  John  A.  Gurley's  '*Star  in  the 
West,"  he  was  "churched"  for  licking  a  toll-gate  keeper  who  said  the  rule  passing 
preachers  over  a  bridge  at  half-fare  didn't  apply  to  Universalist  preachers.  The 
only  time  I  remember  seeing  the  old  gentleman  engaged  in  active  liostilities  was 
at  a  school  election,  where  he  challenged  the  vote  of  a  fellow  son  of  Erin;  where- 
upon canes  and  chairs  were  broken,  a  head  or  two  likewise,  before  the  school 
officers  could  quiet  the  *'muddle.''  "Mac,"  as  he  was  familiarly  know^n,  succeeded 
with  Judge  Constable  in  clearing  one  Shafer,  of  the  northeast  part  of  the  county, 
of  a  charge  of  assault  to  murder,  before  a  jury,  Judge  Harlan  presiding,  about  the 
year  1859  or  i860.  Mr.  ]McCune  died  in  1867  and  his  remains  were  deposited  in 
Salem  cemetery,  by  the  side  of  those  of  his  wife,  who  preceded  him  two  or  three 

years. 

About  1857  or  1858,  one  John  K.  Youstler  came  here  to  practice  law,  but 
soon  hunted  pastures  new.     Well,  the  new  court-house,  in  the  midst  of  the  old 


THE  BENCH  AND  BAR  OF  ILLINOIS.  '       425 

frog-pond,  and  a  few  straggling  houses,  was  not  a  very  entrancing  field  for  young 
limbs  of  the  law,  foot-loose  to  look  for  more  imposing  locations.  But  the  little 
straggling  village  has  grown,  and  still  grows,  and  those  members  of  the  bar  who 
anchored  here  have  had  no  cause  for  regret. 

After  Mr.  Starkweather  removed  to  Charleston,  in  1857,  H.  B.  Decius  fabove 
mentioned)  was  appointed  master  in  chancery,  remaining  in  that  position  until 
his  elevation  to  the  judgeship,  when  William  H.  McDonald  was  appointed, — of 
whom  further  notice  will  appear  soon  hereafter. 

In  t86o,  Douglas  and  Coles  counties  being  in  this  circuit,  Hon.  James  R. 
Cunningham,  of  Charleston,  was  the  Democratic,  and  Hon.  Joseph  G.  Cannon, 
then  of  Tuscola,  the  Republican,  candidate  for  state's  attorney — that  office  re- 
maining a  circuit  office,  as  it  should  yet  be,  and  was  until  1872.  These  gentle- 
men both  canvassed  the  circuit,  not  jointly,  however;  but  Cunningham  was 
elected.  He  was  an  honest,  faithful  lawyer,  well  read  in  the  old  writers,  and  was 
an  efficient  officer,  He  was  county  judge  a  term  or  two  at  Charleston,  in  his 
latter  years,  and  died  there  a  few  short  years  ago.  His  unsuccessful  opponent 
afterward  went  to  congress,  removed  to  Danville,  and  continues  in  congress. 

Silas  S.  Whitehead,  then  and  yet  of  Marshall,  was  elected  staters  attorney  in 
1864  and  in  1868.    He  still  practices  here. 

William  H.  McDonald,  from  Ross  county,  Ohio,  came  here  in  1864,  and  is 
now  practicing  at  Greenup.  He  was  master  in  chancery  from  about  1865  till 
1874;  was  state  representative  in  1872  and  state's  attorney  from  1888  till  1896. 
About  1865  David  B.  Green  began  practice.  Two  or  three  years  afterward 
he  formed  a  partnership  with  Clinton  Woods,  then  late  of  Moultrie  county,  which 
partnership  still  continues.  Lyle  C.  Woods,  son  of  Clinton,  was  admitted  a  year 
ago.  and  has  an  office  in  same  building. 

Leonidas  L.  Logan,  from  Indiana,  came  here  in  1861;  and  is  practicing  yet. 
His  partner  is  Walter  C.  Greathouse,  formerly  of  Edwards  county.  Mr.  Logan 
was  state's  attorney  for  the  county  a  short  time  in  1872,  and  has  served  as  county 
judge  two  terms.  At  one  time  he  was  in  partnership  with  James  B.  Atchison,  now 
in  the  state  of  Kansas. 

In  1873  James  C.  Allen,  then  of  Crawford,  now  of  Richland,  county,  was 
elected  circuit  judge,  and  served  till  1879.  ^^  1874  he  appointed  William  W. 
Whitney,  of  Neoga,  master  in  chancery,  w^ho  served  till  about  1878.  He  was  a 
lavv'yer,  but  was  engaged  in  banking.    He  died  five  or  six  years  ago. 

Levi  N.  Brewer  was  appointed  master  in  1878,  by  John  H.  Halley,  who  was 
elected  judge  in  same  circuit  with  Allen  in  1878.  Judge  Halley  served  till  1879. 
He  died  recently  at  Antlers,  Indian  Territory.  He  was  from  Virginia,  but  long  a 
resident  of  Newton,  Jasper  county.  Mr.  Brewer  served  as  master  until  1880,  and 
was  succeeded  by  James  L.  Ryan,  appointed  by  Judge  William  C.  Jones,  who, 
with  Thomas  S.  Casey  and  Chauncey  N.  Conger,  had  been  elected  judge  for  the 
second  district  in  1879.  ^^^-  Brewer  was  again  appointed  in  1884,  and  served  till 
1897.  He  is  the  son  of  Hon.  Thomas  Brewer,  previously  mentioned;  was  admit- 
ted in  1875  or  1876;  was  in  partnership  some  years  with  Judge  Decius,  and  is 
now  enjoying  a  good  practice. 


426  *  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Thomas  C.  Brewer,  a  brother  of  Levi  N.,  was  making  a  bright  young  law- 
yer, when,  at  the  age  of  about  twenty-seven,  in  January,  1890,  he  was  cut  down 
by  death.    He  was  buried  with  the  honors  of  Oddfellowship. 

Norman  L.  Scranton  came  here  from  the  Shenandoah  valley  in  i860;  has 
practiced  since  1865,  and  now  has  a  successful  business  at  Casey,  Clark  county. 
His  son,  Hiram  L.  Scranton,  was  admitted  in  1884,  was  elected  state's  attorney 
the  same  year  and  now  has  a  good  clientage  at  Greenup. 

William  C.  Prather  has  been  practicing  since  1877;  was  elected  state's  at- 
torney in  1880,  and  still  resides  and  practices  here.  Andrew  J.  Lee  learned  the 
law  with  Judge  Eckols  of  Greencastle,  Indiana;  came  here  in  1865,  was  elected 
state's  attorney  in  1872  and  has  now  retired  from  practice.  Thomas  Warner, 
elected  state's  attorney  in  1876,  was  for  some  time  a  partner  of  Thomas  Brewer. 
He  now  lives  in  Fayette  county. 

Winfield  S.  Everhart  and  Flavins  Tossey  were  respectively  admitted,  at 
Springfield  in  January,  1878.  Until  Judge  Decius'  demise,  Mr.  Everhart  was  his 
partner.  The  firm  is  now  Everhart  &  Decius — Lyle  Decius  (a^  son  of  the  late 
judge)  having  been  admitted  in  the  spring  of  1896.  The  firm  has  a  large  practice. 
F.  Tossev  still  resides  here. 

In  1885  Judges  Jones  and  Conger  were  re-elected.  Judge  Casey,  as  able  a 
judge  as  ever  held  court  anywhere,  moved  to  Springfield  and  died  there.  He  was 
succeeded  by  Carroll  C.  Boggs,  who  was  re-elected  wiien  S.  Z.  Landes  and  E.  D. 
Youngblood  were  elected  in  1891.  He  is  now  supreme  judge.  During  their  terms 
Judges  Jones  and  Landes  held  most  of  the  courts  here. 

James  L.  Ryan,  who  was  appointed  master  by  Judge  Jones,  in  1880,  and 
who  served  till  1884,  was  a  well  read  law^yer  and  w^as  successful  in  his  practice 
till  he  joined  the  Baptist  church,  in  1891,  and  he  has  become  one  of  its  ablest  min- 
isters. He  resides  at  Greenup.  His  brother,  William  L.  Ryan,  was  a  bright  law- 
yer and  noble  man,  but  was  cut  down  by  death  in  1897, — the  result  of  injuries 
received  by  the  burning  of  the  building  in  which  he  had  rooms.  They  were 
both  graduates  of  Ann  Arbor,  Michigan. 

Peter  A.  Brady,  a  lawyer  since  1873,  was  born  near  the  Lincoln  homestead 
in  South  Coles.  He  has  his  share  of  practice,  residing  at  Greenup.  In  1878  C. 
B.  Castelo  and  L.  W.  Leith,  who  had  read  wath  that  eminent  lawyer.  Major  W.  B. 
Cooper,  who  died  some  years  ago  at  Effingham,  opened  an  office  here.  Mr.  Leith 
soon  received  a  government  appointment  and  left  to  accept  it.  Mr.  Castelo  is  still 
in  practice  here. 

Albert  F.  Bussard,  appointed  master  in  1897,  was  a  member  of  the  firm  of 
Osman,  Duncan  &  Bussard.  W.  A.  Osman  went  to  Chicago;  J.  A.  Duncan 
returned  to  Crawford  county ;  Mr.  Bussard  continues  in  practice  and  has  his  share. 

Charles  M.  Connor  was  admitted  two  years  ago,  and  is  doing  his  share  of 
work  for  a  new  attorney.  He  graduated  at  Bloomington  Law  School.  Smith 
Misner  read  law  with  L.  N.  Brewer;  was  admitted  to  the  bar  and  was  elected 
state's  attorney  in  1896,  and  is  doing  his  duty.  Irving  J.  Brown  and  Alvin  C. 
Voris  are  Neoga  attorneys,  each  with  a  fair  commercial  practice.  Each  is  a  law- 
college  graduate. 


THE  BENCH  AND  BAR  OF  ILLINOIS. 

Lieutenant  Charles  L.  Smeidel,  who  died  at  Memphis  in  iS 
completed  his  law  studies  wath  Brewer  &  Decius  before  volunteer 
here  from  Philadelphia,  and  was  a  splendid  scholar  and  man. 
G.  A.  R.^  at  Greenup,  is  named  in  his  honor.  Nathan  Harvey  died 
Indiana,  in  the  midst  of  a  good  practice.  He  practiced  here  in 
Conover,  who  died  a  good  lawyer,  at  Bloomington,  was  born  in  t 
read  law  here  in  1864-5. 

David  A.  Lyle,  United  States  Army  ordnance  department,  i 
Lyle  gun  for  life-saving  stations,  completed  a  course  of  law  readii 
Decius  here,  when  he  was  appointed  to  West  Point  from  Fairfield 
his  residence,  by  Congressman  Finck. 

George  C.  Mathes,  who  died  at  Charleston  and  was  buried  w 
the  Knights  of  Pythias  lodge,  was  born  in  this  county,  read  law  ' 
Woods,  and  was  admitted  in  1883  or  1884.  He  was  just  gaining  a  \ 
Judge  Thomas  B.  Wall,  now  of  Wichita,  Kansas,  is  an  old 
coimty  boy ;  likewise  Douglas  Kirkling,  late  prosecutor  in  Hutchir 
likewise  Samuel  C.  Miller,  prosecutor,  Kansas  City^  Kansas.  John  \ 
died,  a  brilliant  lawyer,  at  Butler,  Missouri.  He  learned  the  law  w: 
Warner  here  and  the  late  Judge  Halley  at  Newton.  John  M.  Humpl 
of  Cumberland,  is  sojourning  here  for  the  present,  after  many  years 
practice  in  Kansas. 

Charles  S.  Cooter,  a  graduate  of  the  Bloomington  Law  School 
in  this  county,  began  practice  here  two  or  three  years  ago  and  now  1 
Chicago.  Jacob  O.  Wallace,  now  of  Moweaqua,  formerly  practiced  la 
Lewis  Decius,  cousin  of  the  late  Judge  Decius^  now  practices  in  Ne 
reading  with  W.  S.  Everhart  and  being  admitted  in  this  state;  like\\ 
Fisher,  prosecuting  attorney,  at  Chadron,  Nebraska. 

McLain,  Hamlin  &  St.  John  was  a  law  firm  at  Charleston  in  the 
McLain  afterward  engaged  in  nursery  business;    H.  J.  Hamlin    h 
prominence  and  practice  at  Shelbyville;    John  P.  St.  John  made  1 
Kansas.    They  have  all  been  here  years  ago  in  our  courts. 

Eli  Wiley,  who  died  in  1897,  at  Charleston,  used  to  attend  here  o 
The  firm  is  now  (H.  A.)  Neal  &  (Charles  S.)  Wiley.    E.  P.  Rose,  wh 
denly  at  Mattoon  a  few  years  ago,  was  well  known  as  a  practitioner  in 
Major  J.  A.  Connolly,  now  in  congress  from  the  Springfield  district, 
Charleston,  frequently  attended  our  courts.    Charles  C.  Lee,  A.  J.  Frye 
Chezem,  of  Charleston;  Horace  S.  Clark,  John  F.  Scott,  James  W.  C 
Phipps,  L.  C.  Henley,  Emery  Andrews,  Bryan  Tivinen,  of  Mattooi 
Wood,  E.  N.  Rinehart,  S.  F.  Gilmore,  W.  B.  Wright,  R.  C.  Harrah,  H. 
of  Effingham;   T.  J.  Golden  and  J.  W.  Graham,  of  Marshall;   Judg 
Thornton  and  S.  W.  Moulton,  of  Shelbyville;  G.  W.  Fithian,  J..  W.  G 
C.  A.  Davidson,  of  Newton,  have  at  times  practiced  in  our  courts,  an 
temporary  with  our  attorneys.    Robert  E.  Hamill,  formerly  of  Marshi 
Springfield,  frequently  practiced  in  our  courts. 

In  1897  this  county  became  a  part  of  the  fifth  judicial  district.    A 


428  THE  BENCH  AND  BAR  OF  ILLINOIS. 

election  F.  Rookwalter,  of  Danville,  H.  Van  Sellar,  of  Paris,  and  Frank  K.  Dunn, 
of  Charleston,  were  chosen  judges.  Judge  Dunn  is  giving  satisfaction.  He 
appears  to  be  a  jurist  similar  to  ex-Judge  Landes,  who  is  now  practicing  in  the 
lower  district,  which  means  that  he  is  making  an  able  jurist. 

In  November,  1885,  vandals  destroyed  the  court-house  and  nearly  all  the 
records — the  main  object  appearing  to  be  to  get  rid  of  the  records — by  fire.  The 
reminiscences  herein  set  out  have  been  necessarily  mostly  from  memory.  The 
writer  flatters  himself  that,  though  by  stress  of  circumstances  and  necessaiy 
economy  of  space,  these  matters  are  briefly  set  out,  they  are  in  substance  accu- 
rate. If  this  article  has,  in  the  least,  served  to  preserve,  from  utter  oblivion,  the 
memory  of  many  of  the  jurists  and  practitioners  named  therein,  and  to  make 
kindly  mention  of  all,  as  well  the  living  as  the  dead — the  writer  must  be  content. 

Judge  Leonidas  L.  Logan  is  well  known  in  the  eastern  part  of  Illinois  as  a 
leader  of  the  Cumberland  county  bar.  He  resides  in  Toledo.  He  was  bom  in 
the  neighboring  state  of  Indiana,  at  Brookville,  July  31,  1832.  When  he  was  six 
years  of  age  his  parents.  Dr.  Benjamin  and  Margaret  Logan,  removed  to  Browns- 
burg,  Indiana,  where  he  attended  the  common  schools,  acquiring  a  good  English 
education.  He  began  reading  law  under  the  instruction  of  Robert  Harrison,  of 
Lebanon,  Indiana,  in  the  year  1862,  and  was  admitted  to  the  bar  at  that  place  in 
1865.  In  the  meantime,  however,  he  had  engaged  in  other  lines  of  business.  He 
had  continued  his  residence  in  Brownsburg  until  1853.  w^hen  he  was  married  and 
removed  to  a  farm,  devoting  his  energies  to  agricultural  pursuits  until  the  fall 
of  1859.  In  that  year  he  removed  to  Fayette,  P)Cone  county,  Indiana,  where  he 
engaged  in  merchandising,  and  during  the  same  period  took  up  the  study  of  law. 

After  his  admission  to  the  bar,  Mr.  Logan  removed  to  Toledo.  Illinois,  m 
September,  1865,  and  was  licensed  to  practice  in  the  courts  of  this  state  in  the 
year  1866.  He  has  met  with  a  fair  degree  of  success,  securing  a  good  clientage, 
which  has  brought  him  a  comfortable  living.  In  November,  1882,  he  was  elected 
judge  of  the  court  of  Cumberland  county  for  a  four-years  term,  and  after  a  retire- 
ment of  four  years  was  re-elected  to  the  same  office  in  1890.  On  the  bench  he 
was  conscientious  in  the  administration  of  justice  and  took  into  careful  consider- 
ation all  the  evidence  and  the  law  applicable  thereto,  while  in  private  practice 
his  devotion  to  his  clients'  interests  is  a  recognized  fact.  His  political  support 
has  always  been  given  the  Democracy. 

In  1867  Judge  Logan  became  a  member  of  the  Independent  Order  of  Odd 
Fellows  and  took  all  the  degrees.  Jle  has  maintained  his  residence  in  Toledo  for 
a  third  of  a  ccnturv,  and  is  widely  and  favorably  known.  He  was  first  married  in 
October,  1853,  ""^  Hendricks  county,  Indiana,  to  Sarah  Morris,  and  unto  them 
were  born  four  children:  Arkansas,  born  in  1855:  Oran  W.,  in  1858;  Izara,  in 
i860:  and  \'ina,  in  1865.  The  wife  and  mother  died  in  1884  and  the  Judge  was 
again  married  in  1887,  his  second  union  being  with  Elizabeth  Seely,  of  Bloom- 
field,  Indiana,  by  whom  he  has  two  children:  Leonidas  and  Leone  E.,  twins,  born 
July  22,  1888. 


CHAPTER  XXIII. 

AUTOBIOGRAI»HY  OF  JOHN  M.  PALMER— SKETCH  OF  THE  LI 

OF  WILLIAM  H.  BISSELL. 

IN  THE  following  personal  sketch*  prepared  for  the  history  of  \ 

and  Bar  of  Illinois,  my  original  intention  was-  to  offer  to  the  read  1 

work  only  such  facts  as  relate  to  my  professional  and  judicial  hisi 
have  found  it  impossible  to  make  my  life  story  connected  without  brie 
to  circumstances  growing  out  of  my  political,  military  and  executiv 
ments.    With  these  brief  prefatory  observations,  1  begin  the  sketch  of  m] 

I  was  born  in  Scott  county^  Kentucky,  on  the  13th  day  of  Septem 
and  was  removed  by  my  parents  to  Christian  county,  in  the  same  state,  i         ( 

My  earliest  recollections  go  back  to  a  new  and  then  sparsely  settle  ) 
of  southern  Kentucky.  My  father,  Louis  D.  Palmer,  was  born  in  Noi 
land  county,  Virginia,  on  the  3d  day  of  June,  1781,  and  was  thq  third  so: 
and  Ann  McAuley  Palmer,  who  were  both  born  in  that  county,  the  fir 
1st  day  of  November,  and  the  latter  in  April,  in  the  year  1747;  the;  < 
Christian  county,  Kentucky,  within  a  few  months  of  each  other,  the  oldes 
in  that  part  of  the  state. 

My  mother,  Ann  Hansford  Tutt,  was  born  in  Culpeper  county,         1 
where  her  father,  Louis  Tutt,  and  her  mother,  Isabella  Yancey,  were  bo 
the  year  1750.     Their  ancestors  were  early  settlers  in  Virginia,  the  Ti 
England  and  the  Yanceys  from  Wales. 

My  grandfather  Palmer,  in  his  quiet,  stubborn  way,  took  part  in  th 
lutionary  contest;  he  appears  upon  the  roll  of  Revolutionary  soldiers  as 
ute-man,"  and  received  a  pension  for  his  services. 

The  settlers  of  southern  Kentucky  established  schools  that  met  the  c 
for  instruction  in  the  essential  branches  of  education  as  they  were  then  und  ; 
reading,  wTiting,  and  arithmetic  as  far  as  the  "rule  of  three;"  later,  Englis  i 
mar,  according  to  Lindley  Murray,  was  introduced,  but  grammar  was  fc  1 
years  treated  as  one  of  the  optional  studies,  being  considered  rather  orn;  i 
than  useful.  Mv  teachers,  Isaiah  Boone,  a  relative  or  a  descendant  of  the 
Daniel  Boone,  and  Hezekiah  Woodward,  a  professional  teacher,  were  cor  i 
instructors,  and  used  the  rod,  of  good  sound  hazel  or  hickory,  with  great  <  t 
I  received  my  fair  share  of  instruction  and  punishment  and  do  not  distinct!}  1 
lect  when  I  could  not  read. 

The  time  of  our  residence  in  Christian  county,  from  18 18  to  1831,  wa 
with  important  political  and  social  discussions  and  changes;    I  have  a  ve  ; 

♦Prepared  at  the  special  request  of  the  publishers. 

42Q 


430  THE  BENCH  AND  BAR  OF  ILLINOIS. 

tinct  recollection  of  the  great  contest  between  what  were  known  as  the  "old 
and  the  new  court'*  parties,  which  commenced  by  certain  rulings  of  the  court  of 
appeals,  supreme  court  of  the  state.  The  lands  in  Kentucky  were  generally  held 
under  titles  derived  from  the  state, of  Virginia,  of  which  Kentucky  had  been  a 
part,  and  the  negligence  of  the  land  officers  and  the  careless  manner  in  which 
surveys  had  been  made  led  to  a  confusion  of  boundaries  in  Kentucky.  The 
courts  of  the  state  were  crowded  with  suits  which  involved  conflicting  surveys 
or  imperfect  transfers  and  other  questions  of  like  character,  to  the  ruin  of  hun- 
dreds who  had  bought  lands  in  good  faith  and  had  made  improvements  on  them. 
In  order  to  relieve  the  unfortunate  settlers  the  legislature  of  the  state  passed  laws 
for  the  protection  of  occupying  claimants,  which,  had  they  been  enforced  by  the 
courts,  would  have  made  the  recovery  of  lands  against  occupants  practically 
impossible;   at  the  same  time  the  people  were  poor  and  in  debt. 

The    legislature,  in    its    efforts    to    relieve    them,  had  created  banks  and 
attempted  to  make  the  paper  issues  of  these  institutions  a  practical  tender  in 
the  payment  of  debts.     The  method  of  relief  was  by  what  were  known  as  re- 
plevin laws.    These  gave  to  the  debtor,  after  a  tender  of  payment  in  bank  paper, 
the  right  to  a  stay  of  execution  upon  judgments,  on  a  tender  of  bond  and 
security.    The  exact  details  of  the  methods  provided  by  the  statutes,  by  which 
the  stay  of  execution  was  intended  to  be  secured,  are  not  important,  for,  what- 
ever they  were,  the  court  of  appeals  (which  consisted  of  John  Boyle,  chief  jus- 
tice, and  William  Owsley  and  Benjamin  Mills,  associate  justices)  held  them  to 
be  unconstitutional,  and  upon  that  ground  refused  to  enforce  them.     In  1824 
an  attempt  was  made  by  the  legislature  to  remove  the  chief  justice  and  his 
associates  by  an  address  to  the  governor,  but  in  order  to  remove  them  the  con- 
currence of  two-thirds  of  each  branch  of  the  legislature  was  necessary. 

The  requisite  "two-thirds"  could  not  be  obtained  to  the  address,  so  the 
expedient  was  adopted  of  repealing  the  law  creating  the  court,  and  in  that  way 
getting  rid  of  the  judges.  The  repealing  bill  also  provided  for  the  appointment 
of  other  judges  of  the  court;  the  governor  approved  the  repealing  act,  and 
appointed  other  judges,  who,  it  was  expected^  would  support  the  validity  of 
the  "relief  laws."  Chief  Justice  Boyle  and  his  associates,  Owsley  and  Mills, 
refused  to  recognize  the  validity  of  the  repealing  act  or  to  surrender  their 
records  to  the  "new"  court.  The  state  had  for  a  time  two  courts  of  appeals, 
and  the  people  were  divided  into  two  parties,  which,  w4th  great  heat,  supported 
the  rival  tribunals. 

My  father  was  a  "new"  court  man,  but  Mr.  Clay,  w^ho  was  then  strong  in 
the  confidence  of  the  people  of  Kentucky,  and  most  of  the  other  conserv^ative 
men  of  the  state  supported  the  "old"  court,  and  after  a  contest,  characterized 
by  great  excitement,  the  "new-court"  party  was  defeated.  A  majority  of  the 
legislature  was  elected  fayorable  to  the  old  court;  this  legislature  repealed  tht 
law  under  which  the  new  court  was  created.  I  have  no  doubt  but  that  the 
new-court  party  was  wrong,  but  the  names  of  Boyle,  Owsley  and  Mills,  some- 
times sarcastically  called  the  "three  kings."  were  for  a  long  time  odious  to  me. 

In  1831  my  father  and  family  left  Kentucky  for  Illinois,  leaving  me,  wiih 


THE  BENCH  AND  BAR  OF  ILLINOIS.  431 

my  venerable  grandparents,  to  follow  them  in  October.  My  father  settled  on 
Paddock's  prairie,  about  ten  miles  from  Alton,  and  an  equal  distance  from 
Edwardsville,  where  he  built  a  log  house,  which  he  occupied  in  the  spring  of 
1832. 

I  cannot  forbear  quoting  from  my  own  memoirs,  **The  Recollections  of  an 
Earnest  Life,"  an  account  of  my  own  journey  from  our  residence  in  Kentucky 
to  Illinois: 

"After  passing  Hopkinsville,  the  seat  of  justice  of  Christian  county,  Ken- 
tucky, we  took  the  route  from  that  place  by  way  of  Princeton,  in  Caldwell 
county,  Kentucky,  to  Ford's  ferry,  on  the  Ohio  river,  and  thence,  after  crossing 
the  river,  proceeded  by  Equality,  Mount  Vernon  and  Carlyle  to  Edwardsville. 
This  road,  which  was  then,  as  far  as  Carlyle,  the  great  route  from  southern 
Kentucky,  middle  Tennessee  and  North  Carolina  to  central  Illinois  and  Mis- 
souri, was  crowded  with  'movers,'  who  were  making  their  way,  by  all  the  then 
known  methods  of  travel,  from  the  handsome  family  carriage  to  the  humblest 
ox-cart.  Many  families  traveled  on  foot,  with  a  pack  horse  to  carry  their  heav- 
ier movables,  or  to  provide  for  the  transportation  of  the  smaller  children.  Such 
modes  of  travel  are  never  noticed  now  to  any  extent;  the  railroads  of  modern 
life  make  scenes  such  as  are  described  here  impossible. 

"After  passing  along  the  road  which  still  runs  some  three  miles  west  of 
McLeansboro,  in  Hamilton  county,  for  a  few  miles,  we  came  to  Moore's  prairie, 
the  first  we  had  ever  seen,  and  as  we  advanced  toward  Edwardsville  the  prairies 
grew  more  extensive.  The  prairies  then  were  scarcely  marked  by  improve- 
ments, except  very  near  the  timber  borders,  for  the  early  settlers  dared  not 
go  out  on  the  far-stretching  plains;  many  persons  told  us  that  the  prairies 
would  never  be  settled,  and  for  years  I  believed  that  prairie  land  more  than 
two  or  three  miles  from  the  timber  was  practically  valueless. 

"But  the  prairie,  in  its  natural  state,  was  indeed  'a  thing  of  beauty';  some- 
times we  would  travel  miles  without  seeing  a  habitation,  or  if  houses  could  be 
discerned  they  would  be  situated  at  points  of  timber  and  at  a  greater  or  less 
distance  from  the  roads;  deer  would  be  seen  in  herds,  as  if  they  had  not  learned 
to  be  startled  by  human  presence.  Nothing  was  more  animating  than  the  scenes 
we  witnessed  as  we  journeyed  over  these  long  stretches. 

"Perhaps  the  imagination  had  much  to  do  in  finding  objects  of  interest  on 
the  prairies,  but  to  me  they  were  enchanting,  and  after  years  of  familiarity  with 
the  magnificent,  undulating  acres  of  the  great  prairies  of  Illinois  and  other 
western  and  northwestern  states,  now  that  they  are  all  inhabited,  dotted  with 
cities,  towns,  villages  and  highly  cultivated  farms,  they  linger  in  my  memory 
like  a  grand,  restful  dream." 

The  period  to  which  I  refer  was  one  of  great  prosperity  in  Illinois;  lands 
were  entered,  purchased  from  the  United  States,  at  one  dollar  and  twenty-five 
cents  per  acre;  population  poured  into  the  state,  and  employment  was  abun- 
dant on  every  hand.  I  remember  that  one  winter,  with  a  younger  brother,  we 
cut  sawlogs  on  government  landj  and  by  that  means  earned  forty-eight  dollars. 
My  father  added  the  balance  needed,  two  dollars,  and  the  amount  of  expenses 


432  THE  BENCH  AND  BAR  OF  ILLINOIS. 

at  the  land  office,  and  1  entered  forty  acres  of  land  in  my  own  name,  which, 
after  attaining  my  majority,  I  conveyed  to  my  father.  The  next  spring  and 
early  summer  I  drove  a  prairie  team,  four  yoke  of  oxen  attached  to  a  twenty- 
four-inch  plow ;  I  worked  at  home  when  needed,  and  finally,  in  the  summer  oi 
1834,  my  father  **gave  me  my  time/'  This  expression  may  have  an  amusing 
sound  to  the  hoys  of  this  day,  who  will  hardly  consent  to  give  their  fathers  their 
time. 

One  evening,  while  my  father  and  self  and  younger  brothers  were  discuss- 
ing the  subject  of  education  and  matters  of  that  kind,  my  father  said  to  me,  in 
reply  to  some  expression  of  a  wish  to  obtain  a  good  education:  **Very  well,  sir, 
you  owe  me  four  years  of  service  yet;  I  will  give  you  that;  go  and  get  an  edu- 
cation." I  looked  at  him  with  an  expression  of  surprise,  no  doubt,  and  asked 
in  an  excited,  trembling  voice,  "When  may  I  go,  sir?"  He  seemed  amused,  and 
said,  "To-morrow  morning,  if  you  like."  I  remember  that  I  left  the  room  to 
conceal  my  feelings.  After  recovering  my  composure  I  returned  to  the  room 
where  my  father  was  seated,  and  sat  for  some  time  in  silence,  when  he  said, 
with  signs  of  emotion,  **I  have  no  money  to  expend  for  your  education,  but  a 
healthy  boy  as  you  are  needs  no  help;  you  may  go  to-morrow  morning.  I  give 
you  your  time.    Do  not  disgrace  me.    May  God  bless  you." 

This  scene  still  lingers  in  my  memory.  I  had  looked  forward  to  the  inde- 
pendence of  manhood  with  the  eagerness  of  hope;  I  had  reveled  in  dreams  of 
results  to  be  accomplished;  I  had  imagined  myself  a  successful  farmer,  or  law- 
yer or  a  soldier — successful  in  every  employment;  I  meant  when  I  got  to  be  a 
man  to  be  "rich,  learned  and  happy."  My  brothers  were  to  be  happy  and  suc- 
cessful; and  even  then  there  would  come  into  the  picture  a  girlish  face  that 
was  to  figure  in  the  successes  which  I  imagined  were  to  attend  my  entry  upon 
the  sphere  of  manhood. 

Here  was  an  offer  made  by  my  father  to  anticipate  the  day  of  my  emanci- 
pation, to  "give  me  my  time."  I  accepted  his  offer,  and  as  he  had  said  it,  I 
knew  he  w^ould  not  mention  it  again.  That  evening  I  talked  to  Roy  and  Frank, 
my  brothers,  who  seemed  to  be  as  much  elated  with  the  prospect  before  me  as 
I  was.  Next  morning,  after  an  early  breakfast,  I  left  home  on  foot,  without 
money  or  additional  clothes.  Both  seemed  to  me  unnecessary,  for  was  I  not 
going  out  into  the  world  a  free  man,  w'here  clothes  and  money  were  abundant 
and  to  be  had  by  any  one  who  w'ould  earn  them? 

The  boys  started  with  me,  and  they  called  the  dogs,  three  of  them,  our 
constant  companions;  they  were  to  go  with  me  to  the  top  of  the  hill,  a  mile 
probably  from  the  house.  We  had  crossed  the  creek  w^hen  the  dogs  started  a 
rabbit;   we  w-aited  for  the  dogs  and  then  moved  on. 

My  father  was  not  at  the  house  when  I  left,  but  he,  too,  had  followed  to  a 
bluff  we  had  passed,  and  from  that  point  w^atched  us.  I  did  not  then  know  why 
he  stood  watching,  but  I  know  now-.  W^hen  I  reached  the  top  of  the  hill,  there 
we  stood,  reluctant  to  separate.  After  a  while  Roy  said  he  knew  where  he  could 
start  a  rabbit  on  his  way  home.    He  called  the  dogs  and,  without  saying  a  word 


THE  BENCH  AND  BAR  OF  ILLINOIS. 

to  me,  ran  off  at  his  utmost  speed,  followed  by  Frank,  and  I  was  I 
my  newly  acquired  fortune,  '*my  time,"  with  all  of  its  hppes  and  p 
The  boys  ran  until  out  of  sight.     I  very  well  understood  th( 
they  ran,  and  would  have  been  glad  to  follow  and  overtake  them,  1 
nation  was  Upper  Alton,  where  there  was  a  school  recently  est 
was  understood  to  be  a  "manual-labor  school,"  and  it  was  my  purj 
that  institution  and  pay  my  expenses  by  labor.     I  reached  Upper 
one  o'clock  in  the  afternoon^  and  had  made  up  my  mind  before  a: 
that  it  would  be  necessary  at  once  to  find  work.    I  had- no  doub 
could  do  so  without  difficulty.    I  needed  no  dinner;  my  dreams  wer 
food,  but  as  I  passed  along  the  principal  street,  soon  after  enterin 
I  saw  a  man  named  Haney  plastering  a  new  frame  house  for  Dr.  C 
kell  and  turned  off  to  where  he  was  superintending  or  making  a  bee 
I  asked  him  if  he  wished  to  hire  some  one  to  make  and  carry  morta 
he  did.     I  had  never  made  mortar  for  a  plasterer.     He  put  a  sho^ 
hand  and  told  me  how  to  manage  the  sand,  the  lime  and    other 
watched  me  work  a  while,  offered  me  seventy-five  cents  a  day,  tolc 
I  could  get  board  at  one  dollar  and  a  quarter  per  week,  went  with 
boarding  house  and  agreed  to  be  responsible  for  me.    I  worked  tha 
and  continued  to  work  until  the  job  was  done.     I  do  not  remembe: 
number  of  days  this  required,  but  I  do  remember  that  when  I  wa 
had  settled  my  board,  bought  a  shirt  and  a  pair  of  socks,  I  had  all  of  : 
left,  which  was,  as  I  thought,  clothes  and  money  enough  for  any  bod 
I  then  entered  the  college,  and  for  a  while  paid  my  board  by  m 
on  Saturdays ;   I  .also,  with  mv  elder  brother,  Elihu,  took  a  contract 
the  trees  from  a  street  leading  from  Upper  Alton  to  Middletown. 
were  large  white  oaks ;  we  grubbed  them  up  and  were  well  paid  for  d> 
I  remained  at  school  in  a  desultory  way  until  the  spring  of  1835, 
country  was  filled  with  rumors  of  the  *Texas -revolution,"  as  it  was  ca 
failure  to  carry  out  my  intention  to  unite  with  the  volunteers,  organi 
Louis  to  join  the  "Revolutionists,"  was  caused  by  an  incident  that  s( 
very  ludicrous,  but  was  at  the  time  a  crushing  blow.     I  had  volunte 
my  arrangements  were  made  to  join  a  few  friends  at  Alton,  take  the  st 
which  it  was  expected  would  take  us  to  St.  Louis,  where  another  boat  ' 
ing  to  start  for  New  Orleans  on  our  arrival. 

I  spent  the  night  before  the  morning  fixed  for  my  departure  at  m} 
two  miles  east  of  Upper  Alton.    I  took  leave  of  my  relatives  and  left  ti 
filled  with  anticipations  of  the  battle-fields  in  Texas,  and  started  on  fc 
a  small  pack  of  clothing,  to  reach  the  boat  and  then  off  for  the  field  < 
I  had  gone  a  mile,  perhaps,  after  leaving  Upper  Alton  when  I  w 
taken  by  Mr.  John  Maxcy,  whom  I  knew  to  be  a  constable  of  Uppe 
He  spoke  to  me  kindly,  inquired  where  I  was  going.     I  told  him  to 
Alton  to  take  a  boat  for  St.  Louis,  and  from  thence  to  Texas,  to  take 
the  revolution.    He  handed  me  a  paper,  and  said,  "Here  is  something  y( 
forgotten."    To  my  astonishment  the  paper  read: 

28 


434  THE  BENCH  AND  BAR  OF  ILLINOIS. 

"The  people  of  the  State  of  Illinois,  to  any  constable  of  said  county, 
greeting:  We  command  you  to  take  the  body  of  John  M.  Palmer,  if  he  be 
found  in  your  county,  and  bring  him  forthwith  before  me,  to  answer  the  com- 
plaint of,  etc."  I  had  never  seen  such  a  paper  before;  it  commanded  the  con- 
stable to  arrest  me,  and  to  take  me  before  the  justice  of  the  peace.  The  con- 
stable told  me  I  could  discharge  myself  by  paying  to  him  four  dollars  and  a 
half  and  about  one  dollar  and  twenty-five  cents  costs.  I  assured  him  that  I  had 
not  forgotten  the  debt,  but  had  arranged  with  my  cousin,  Isaac  Palmer,  to  pay 
it  for  me.  He  said  that  might  be  all  right,  but  he  must  have  the  money  or  I 
must  go  back.  Unfortunately,  my  whole  stock  of  money  did  not  exceed  two 
dollars,  so  I  went  back,  humiliated  beyond  measure. 

I  arranged  the  matter  during  the  day,  but  to  get  the  money  I  had  to  prom- 
ise to  go  to  work;  the  steamboat  lost  a  passenger  and  the  cause  of  Texas  an 
enthusiastic  supporter.  I  then  went  to  work  again,  did  not  at  once  return  to 
school,  but  paid  the  money  I  had  borrowed,  and  then,  in  the  May  following, 
occurred  one  of  those  incidents  which  so  much  resembles  fiction  that  I  cannot 
forbear  relating  it. 

Many  persons  now  living  remember  Mr.  Enoch  Moore,  whose  remarkable 
form  so  often  attracted  attention.  In  1836  he  kept  a  tailor's  shop  in  Upper 
Alton.  One  day  I  stepped  into  his  shop  and  saw  hanging  up  a  suit  of  clothes. 
The  coat  and  pants  were  of  some  cotton  goods,  which  I  cannot  describe,  and 
the  vest  was  figured  like  calico. 

Mr.  Moore  saw  that  I  needed  clothes,  and  that  I  looked  at  the  suit  with 
interest;  he  told  me  that  he  had  made  it  for  a  person  who  had  failed  to  take  it, 
and  offered  it  to  me  for  twelve  dollars.  I  had  no  money,  and  told  him  so.  He 
asked  my  name,  and  when  I  told  him  said  he  knew  my  father,  and  added  that 
he  thought  I  could  earn  the  money  and  pay  for  the  clothes.  I  finally,  wnth 
great  hesitation,  agreed  to  take  them,  and  for  the  first  time  contracted  a  debt 
deliberately. 

I  have  told  the  story  of  my  arrest,  which,  I  supposed,  was  applicable  to  all 
debts.  During  May  and  early  June  I  paid  most  of  the  amount,  and  on  the  even- 
ing of  July  3d  I  went  to  my  father's  with  more  than  enough  to  pay  the  balance 
due  Mr.  Moore.  Mv  father,  who  saw  the  amount  I  had,  and  which  the  "bovs" 
were  counting  with  great  satisfaction,  said:  "Go  to-morrow  and  pay  Mr.  Moore 
and  then  you  will  be  a  free  man,  now  you  are  a  servant." 

On  the  next  day  I  went,  accompanied  by  my  brother  Roy,  to  Upper  Alton 
on  foot,  paid  Mr.  Moore,  and  had  money  left;  went  on  to  Lower  Alton,  spent 
freely  (twenty-five  cents)  for  cake  and  beer  of  the  old  kind,  and  reached  my 
father's  about  sundown,  a  proud  and  happy  boy. 

In  1869,  after  I  was  inaugurated  governor,  I  reminded  Mr.  Moore  of  the 
fact  that  he  had  sold  me  the  clothes  on  credit  and  re-appointed  him  secretary  of 
the  governor,  ex-officio  fund  commissioner,  to  which  a  salary  of  fifteen  hun- 
dred dollars  a  year  was  attached. 

In  August,  1836,  I  was  living  in  the  south  part  of  Macoupin  county  and 
attended  house-raisings  and  other  amusements  of  like  character,  and  witnessed, 


THE  BENCH  AND  BAR  OF  ILLINOIS.  435 

and  had  opportunity  for  familiarizing  myself  with,  the  habits  of  the  people, 
which  were  to  me  always  interesting  and  amusing.  The  elections  were  then 
Held  on  the  first  Monday  in  August,  and  although  not  a  voter  I  attended  an 
election  held  at  the  house  of  a  Mr.  Wood,  south  of  where  Woodburn  now  is. 

There  were  three  judges  and  two  clerks  of  the  election,  and  the  method 
of  voting  was  viva  voce.  One  of  the  qualifications  required  of  a  voter  was  resi- 
dence in  the  state  for  six  months  previous  to  an  election.  I  remember  that  a 
man  named  Hoskins,  whom  I  had  not  seen  before,  offered  to  vote,  and  when 
asked  how  long  he  had  lived  in  the  state  said  he  came  here  in  the  month  of 
April  previous;  the  senior  judge,  after  teUing  him  he  had  not  been  in  the  state 
long  enough,  hesitated  a  moment,  then  asked  if  he  had  "had  the  chills?"  He 
answered,  "Yes,  I  had  one  yesterday,  and  feel  one  coming  on  me  now."  The 
judge  said,  "Put  him  down  and  let  him  go  home,  the  chills  are  as  good  as  a  six 
months'  residence."  His  vote  was  recorded.  It  may  be  well  enough  to  say,  by 
way  of  apology  for  the  judges,  that  there  was  a  large  bottle  of  whiskey  on  the 
table,  of  which  they  had  partaken  liberally. 

Accepting  the  rule  adopted  by  the  judges,  I  supposed,  for  several  years 
afterwards,  that  having  the  "chills"  was  equivalent  to  six  months'  residence 
in  the  state.  In  September  I  returned  to  Upper  Alton,  where  I  spent  most  of 
the  winter  in  school,  working,  in  payment  of  my  board,  in  the  family  of  Rev. 
Ebenezer  Rodgers,  a  Baptist  minister,  who  had  lately  come  into  the  state  from 
Missouri.  Mr.  Rodgers  was  an  Englishman  by  birth  and  the  father  of  my  friend, 
Colonel  Andrew  Fuller  Rodgers,  formerly  of  the  Eightieth  Illinois  Infantry. 

In  December,  1838,  I  took  a  school  for  three  months  east  of  Canton, 
Fulton  county,  and  while  engaged  in  that  school  I  determined  to  study  law. 
I  read  Blackstone's  Commentaries  and  McNally  on  Evidence. 

My  school  ending  about  the  middle  of  March,  I  decided  to  visit  my  father, 
who  lived  in  Madison  county,  and  my  eldest  brother,  who  lived  at  Carlinville, 
Macoupin  county.-  I  took  passage  on  a  steamboat  from  Utica  to  St.  Louis, 
crossed  the  river  on  a  ferry,  and  walked  to  Carlinville,  which  I  reached  on  the 
26th  of  March,  1839. 

I  then  entered  the  office  of  Mr.  John  S.  Greathouse  as  a  student.  Mr. 
Greathouse  was  one  of  the  leading  lawyers  of  the  town  and  I  had  Coke  on 
Littleton,  with  Hargrave  and  Butler's  Notes  placed  in  my  hands  for  a  begin- 
ning. I'had  read  Blackstone's  Commentaries  much  as  every  law  student  reads 
that  excellent  and  learned  work  the  first  time. 

It  will  be  interesting  to  students  of  the  present  day,  when  law  books  are 
so  multiplied  that  general  treatises  on  any  subject  are  to  be  found  in  the  book- 
stores, as  special  works  on  all  important  subdivisions  of  the  law  and  reports 
are  found  in  law-libraries  by  the  thousand,  to  know  that  the  Reports  of  the 
Supreme  Court  of  Illinois  at  that  time  were  contained  in  one  volume — Breese. 

My  preceptor,  Mr.  Greathouse,  who  was  a  well-read  lawyer,  had  in  his 
office  a  few  volumes  of  English  Reports,  Coke,  Raymond  and  Buller's  Nisi 
Prius,  Starkie  and  McNally  on  Evidence,  and  Chitty's  Pleadings,  then  a  com- 
paratively new  work.    I  have  a  few  of  these  old  books  left  still,  but  some  of  the 


436  THE  BENCH  AND  BAR  OF  ILLINOIS, 

most  ancient  and  rare  have  fallen  into  the  hands  of  the  **filchers"  of  rare  books 
who  have  always  looted  the  careless  collectors. 

It  may  be  useful  to  students  to  state  for  their  benefit  mv  methods  of  study. 
I  read  carefully,  with  a  glossary  of  law  terms^  and  made  full  notes;  I  did  not,  in 
my  notes,  as  a  rule,  merely  quote  the  language  of  the  authors,  but  my  effort 
was  to  grasp  the  subject  and  state  it  in  my  own  language.  My  conceptions  of 
the  meaning  of  what  I  read  were  often  inaccurate,  but  I  think,  on  the  whole, 
the  method  was  preferable  to  any  other.  It  promoted  brevity  and  terseness 
and  aided  in  systematizing  the  knowledge  acquired,  and  I  think  my  experience 
justifies  me  in  saying  that  knowledge  of  the  law,  acquired  by  the  metliod  I 
refer  to,  is  much  longer  retained  and  more  easily  and  intelligently  applied  to 
practical  use  than  it  can  be  when  the  student  merely  masters  the  words  of  his 
author^  or  instructor.  I  may  add  here — for  I  will  not  return  to  the  subject- 
that  it  is  essential  to  a  successful  study  of  the  law  that  a  student  should  master 
the  history  of  the  people  with  whom  laws  originate.  Laws  are  but  expressions 
of  the  feelings,  habits  and  necessities  of  mankind,  and  can  only  be  understood 
by  a  thorough  familiarity  with  their  history  and  with  their  applications  and  uses. 

I  was  aided  in  my  studies  by  that  great  promoter  of  diligence,  poverty;  I 
was  compelled  to  earn  something,  and  as  there  were  some  sales  of  land,  and  the 
volumes  of  the  record  were  few,   I  examined  titles  and  prepared  deeds,  and 
soon  found  some  employment  before  justices  of  the  peace.     It  was  not  long 
before  I   found  myself  able  to  meet  my  expenses,  which,  with  board  at  one 
dollar,  or  one  dollar  and  a  quarter  per  week,  did  not  exceed  one  hundred  dollars 
a   year.     The   only   interruption   of  my  studies   was   that   my  friends  insisted 
that  I  should  become  candidate  for  county  clerk,  and  I  now  know  that  the 
leaders  of  my  party,  when  they  insisted  upon  my  candidacy,  had  no  expectation 
that   I   would   succeed.     After  the  election   I   pursued  my  studies  with  great 
industry  and  made  great  progress  in  the  acquisition  of  the  mysteries  of  the  law, 
so  that  in  December,   1839,  I  borrowed  five  dollars  from  a  friend  to  pay  my 
expenses,  and,  as  Mr.  Greathouse  was  going  to  Springfield  in  his  own  carriage, 
he  invited  me  to  ride  with  him,  which  I  did.    (In  my  sketch  of  Judge  Douglas 
I  have  given  all  the  particulars  of  my  admission  to  the  bar.)     I  continue  the 
quotation  from  my  own  Memoirs:    After  about  two  weeks  of  this  life  I  tried 
a  case  before  a  justice  of  the  peace  in  Carlinville  and  got  two  dollars  and  a  half, 
and,  as  I  had  no  wants,  I  paid  two  dollars  of  this  to  my  poor  landlord,  Allison. 
During  the  first  week  in  January  I  traveled  about  twelve  miles  to  the  head  of 
Cahokia  and  tried  a  suit,  for  which  I   received  five  dollars,  and  after  paying 
Allison  four  dollars  of  this,  and  fifty  cents  for  my  horse,  saddle  and  bridle  for 
the  trip,  1  recovered  my  courage  and  in  February  started  on  foot  to  Edwards- 
ville  to  attend  the  circuit  court  of  Madison  county,  which  w^as  then  in  session, 
Judge  Sidney  Breese,  afterwards  so  distinguished  in  the  judicial  and  political 
history  of  the  state,  presiding.     (I  have  given  a  sketch  of  the  incident  which 
followed  my  attendance  in  the  Madison  circuit  court  in  the  sketch  of  Governor 
Reynolds.) 

At  the  May  term  of  the  Macoupin  circuit  court,  after  my  admission  to  the 


THE  BENCH  AND  BAR  OF  ILLINOIS. 

bar,  I  was  assigned  to  the  defense  of  Aaron  and  William  Todd,  in  ( 
with  others;  William  Todd  was  acquitted  and  Aaron  Todd  was  c 
the  murder  of  Larkin  Scott,  their  cousin,  and  was  hanged  at  Carli 
this  time  my  business  had  so  increased  that  it  afforded  me  a  comfo 
port,  according  to  the  simple  habits  of  the  times,  and  I  think  I  mt 
from  that  time  to  the  present  I  have  never  seen  a  day  when  I  w 
employment.  I  do  not  mean  to  say  that  I  have  worked  every  da} 
if  idle  it  was  not  because  I  had  not  something  to  do. 

I  pass  over  the  election  of  1840,  in  which  I  took  an  interest,  and 
Mr.  Van  Buren.    After  the  election  of  1840  I  continued  the  practice  c 
fession  with  great  industry,  and  during  this  time  won  a  fair  share  of  1 
ness  that  reached  the  court. 

On  the  first  Monday  in  August,  1843,  I  was  elected  to  the  office  ( 
justice  of  the  peace.    That  officer  had  jurisdiction  of  the  probate  bus 
also  that  of  an  ordinary  justice  of  the  peace.    I  held  that  office  until  li 
I  was  elected  to  be  a  member  of  the  constitutional  convention  which  £ 
in  Springfield  on  the  7th  day  of  June,  1847.     I  was  placed,  at  my  owr 
on  the  committee  on  education,  and  made  a  report  from  that  committ 
provided  that  "It  shall  be  the  duty  of  the  general  assembly  to  prov 
system  of  common  schools  which  shall  be  as  nearly  uniform  as  may  be 
out  the  state^  and  such  common  schools  shall  be  equally  free  to  all  the 
in  the  state,  and  no  sectarian  instruction  shall  be  permitted,  in  any  o 
It  was  too  early  for  the  adoption  of  free  schools,  and  the  convention 
further  attention  to  the  subject. 

On  the  first  Monday  in  August,  1847,  ^  'vvas  defeated  for  re-electio 
office  of  probate  justice  of  the  peace.  In  May,  1848,  I  was  again  electee 
office,  my  successor  having  resigned,  and  at  the  election  in  the  Noven: 
lowing  I  was  elected  county  judge  of  Macoupin  county. 

In   1852,  at  a  special  election  held  to  fill  the  vacancy  occasioned 
death  of  the  Hon.  Franklin  Witt,  I  was  elected  state  senator  from  a 
composed  of  the  counties  of  Greene,  Jersey  and  Macoupin  without  opp 
and  was  re-elected  a  member  of  the  state  senate  in  1854  from  the  same 
as  an  anti-Nebraska  Democrat. 

In  1856  I  resigned  my  seat  in  the  state  senate,  and  afterwards  was  pr 
of  the  first  Republican  convention  which  assembled  in  Illinois.    After  th. 
I  continued  the  practice  of  my  profession,  and  supposed  I  had  abandone 
tics  forever;   in  1859,  much  against  my  will,  I  became  a  candidate  for  a 
the  lewder  house  of  congress,  and  was  defeated  by  Gen.  John  A.  McCle 
in  i860  I  was  one  of  the  electors  at  large,  pledged  to  vote  for  Mr.  Lincol 
In  1 861  I  was  a  member  of  the  peace  conference  which  assembled  in 
ington  on  the  4th  of  February  of  that  year,  and  took  part  in  its  deliben 
and  on  the  9th  day  of  May  of  the  same  year  I  was  elected  colonel  of  the 
teenth  Regiment  of  Illinois  Infantry  at  Jacksonville  by  the  unanimous  v 
the  men  composing  the  regiment.     On  the  25th  of  May,  1861,  I  was  mu; 


438  THE  BENCH  AND  BAR  OF  ILLINOIS. 

(with  my  regiment)  into  the  service  of  the  United  States  for  three  years,  or 
during  the  war. 

When  I  left  home,  in  May,  1861,  I  told  my  clients  that  the  war  would  soon 
be  over  and  that  I  would  return  at  the  September  term  of  court  and  would 
attend  to  their  business;  but  I  was  mistaken,  for. my  resignation  as  major-gen- 
eral of  volunteers  was  accepted  on  the  first  day  of  September,  1866. 

My  military  history  would  be  out  of  place  in  a  work  like  this,  but  in  Febru- 
ary, 1865,  I  was  assigned  to  the  command  of  the  Department  of  Kentucky  by 
Mr.  Lincoln  himself,  where  many  legal  questions  of  a  most  embarrassing  char- 
acter arose  which  the  department  commander  was  compelled  to  decide 
promptly.  Kentucky  was  excepted  from  the  Proclamation  of  Emancipation, 
and  it  was  never  known  whether  it  furnished  more  troops  to  the  Confederacy 
or  the  Union. 

My  first  report  was  made  to  the  adjutant-general  on  the  24th  of  February, 
1865.  On  the  22d  of  February,  1865,  Colonel  Robert  J.  Breckinridge,  of  the 
rebel  army,  was  arrested  inside  of  our  lines  as  a  spy. 

The  secretary  of  war  happily  relieved  me  of  any  responsibility  for  him  by 
ordering  him  to  be  taken  to  Columbus,  Ohio,  as  a  prisoner  of  war.  On  the 
3d  of  March,  1865,  congress  passed  a  joint  resolution  which  declared  the  fam- 
ilies of  soldiers  to  be  free^  and  then  my  troubles  commenced.  It  is  perhaps 
known  that  the  marriages  of  slaves  were  not  recognized  by  any  of  the  laws  of 
the  states  in  which  slavery  existed ;  this  made  the  enforcement  of  the  joint  reso- 
lution declaring  the  families  of  soldiers  to  be  free  particularly  difficult  in  Ken- 
tucky and  in  other  states  and  parts  of  states  not  embraced  in  the  Emancipation 
Proclamation. 

Another  fact  tended  tp  still  further  complicate  the  question:  When  I  took 
command  of  the  Department  of  Kentucky  a  draft  was  impending;  I  do  not 
remember  what  the  quota  of  the  city  of  Louisville  was,  but  the  masters  of  able- 
bodied  slaves  were  selling  them  to  the  government  for  enlistment  as  soldiers, 
and  in  case  the  slave  exhibited  any  reluctance  to  enlistment  he  was  confined  in 
either  the  jail  or  the  slave  pens  that  were  conveniently  situated  for  that  purpose, 
so  that  I  was  compelled  to  appoint  an  officer  to  enquire  into  the  case  of  all 
colored  persons  held  in  confinement  by  the  civil  or  military  authorities,  with 
directions  to  report  to  me  the  catises  for  their  detention.  I  ordered  the  dis- 
charge of  all  persons  confined  in  slave  pens  by  private  authority,  and  in  like 
manner  from  the  jails,  unless  held  for  some  criminal  charge.  It  will  be  remem- 
bered that  Kentucky  was  under  martial  law  at  that  time. 

There  was  at  that  time,  and  subsequently,  a  statute  of  the  state  which  pro- 
hibited slaves  to  go  at  large  and  hire  themselves  out  as  free  persons,  and  as  the 
fact  of  the  freedom  of  almost  all  colored  persons  was  disputed  it  was  sought 
to  enforce  the  laws  prohibiting  vagrancy  and  the  statute  before  adverted  to. 

Perhaps  I  can  condense  the  whole  matter  by  giving  extracts  from  my  com- 
munication to  the  mayor  and  a  committee  of  the  common  council  of  the  city 
of  Louisville,  dated  May  nth,  1865:  "I  have  the  honor  to  acknowledge  the 
receipt  of  your  communication  of  yesterday's  date  in  reference  to  the  presence 


THE  BENCH  AND  BAR  OF  ILLINOIS.  439 

and  condition  of  the  large  number  of  colored  people  in  the  'city  of  Louisville,  in 
which  you  express  apprehensions  of  pestilence  from  their  crowded  state  and 
ask  my  co-operation  in  ridding  the  city  of  the  evil.  *  *  *  Before  replying 
to  the  general  facts  and  views  you  express,  allow  me  to  correct  the  error  found 
in  your  statement,  that  'no  arrangement  was  or  has  been  made  by  the  military 
authorities  for  the  protection  and  support  of  colored  persons  coming  into  the 
city:'  on  the  contrary,  the  wives  and  children  of  colored  soldiers  coming  here, 
and  those  residing  in  the  city,  have  been  fed  by  the  government,  and  all  who 
could  be  induced  to  do  so  have  been  transported  to  Camp  Nelson  and  there 
provided  for^  at  the  national  expense,  and  the  military  authorities  are  still  will- 
ing to  provide  in  the  same  way  for  all  of  that  class.  But  there  are  difficulties 
in  the  problem  you  present  that  cannot  be  solved  by  the  enforcement  of  the 
laws  against  vagrancy,  or  by  restricting  the  rights  of  the  owners  of  slaves  to 
allow  them  the  small  measure  of  freedom  implied  in  permitting  them  to  hire 
their  own  time  and  go  at  large  as  free  persons. 

**These  people  and  their  ancestors,  for  generations,  are  and  have  been 
natives  of  the  state  of  Kentucky,  and  have  all  as  strong  local  attachments  as 
other  natives  of  the  state.  Recent  events,  which  need  not  be  particularized, 
have  disturbed,  if  not  changed,  their  former  relations  towards  those  once  their 
masters.  What  is  now  required  is  that  their  relations  to  the  state  be  defined 
with  reference  to  existing  and  not  past  facts.  When  that  is  done  confidence 
between  the  races  will  be  restored,  each  will  again  become  useful  to  the  other, 
and  order  and  prosperity  will  take  the  place  of  the  confusion  and  vagrancy 
which  is  now  seen  on  every  hand,  to  the  alarm  of  all. 

**As  preliminary  to  this,  and  as  a  preventive  to  vagrancy,  these  people  must 
be  allowed  to  migrate  at  their  pleasure  and  seek  employment  where  it  is  to  be 
found.  Now,  under  the  operation  of  laws  obsolete  for  all  useful  purposes,  and 
alive  only  for  evil,  colored  men  and  women  in  Kentucky  who  might  and  would 
find  employment  elsewhere  are  forbidden  to  cross  the  Ohio  river,  except  on 
almost  impossible  conditions. 

"Capitalists  who  own  and  operate  the  boats  that  navigate  the  river  (which 
has  already  led  some  minds  to  inquire  whether  the  ownership  of  large  property 
is  not  a  disqualification  rather  than  a  proper  qualification  for  the  manly  exercise 
of  the  rights  of  citizenship),  terrified  by  these  grim  shadows  of  the  past,  throw 
unjust  and  oppressive  difficulties  in  the  way  of  the  transit  of  even  free  persons, 
while  those  whose  right  to  freedom  is  questioned  by  anyone,  upon  grounds 
however  slight,  are  denied  the  right  of  escaping  from  idleness  and  enforced 
vagrancy  to  where  industry  is  possible  and  employment  within  reach.  This 
difficulty,  however,  can  be  partially  obviated  by  military  authority. 

**Deeply  impressed  by  the  dangers  to  public  health,  which  you  so  truthfully 
and  forcibly  depict,  and  anxious  that  the  laboring  poor  of  the  city  shall  be  saved 
the  terrible  consequences  of  the  'disastrous  pestilence'  of  which  you  assure  me 
great  fears  are  entertained,  I  have  caused  to  be  issued  the  General  Order  No. 
32,  from  the  headquarters  of  this  department,  a  copy  of  which  is  herewith  laid 
before  you,  and  will,  I  hope,  meet  your  approval." 


440  THE  BENCH  AND  BAR  OF  ILLINOIS. 

The  General  Order  No.  32  required  all  carriers  of  passengers,  whether  by 
the  river  or  by  the  railroads,  to  transport  colored  persons,  on  the  tender  of  a 
reasonable  fare,  to  their  destinations. 

On  the  first  Monday  in  August,  1865,  Judge  George  W.  Johnston  was 
elected  judge  of  the  circuit  court,  and  at  the  September  term  of  the  circuit  court 
he  charged  the  grand  jury  that  my  order.  No.  32,  was  contrary  to  the  statutes 
of  Kentucky.  The  grand  jury  found  many  indictments  against  me,  alleging 
the  illegaHty  of  that  order,  under  which,  as  was  charged,  many  slaves  had 
escaped  from  Kentucky. 

Bench  warrants  were  issued  for  my  apprehension  and  placed  in  the  hands 
of  the  sheriff.  He  waited  upon  me  politely  with  the  writs,  and  I  told  him  that 
I  would  certainly  appear  at  the  next  term  of  court  and  answer  the  indictments. 
I  told  him  at  the  same  time  that  I  would  submit  to  an  arrest,  if  he  desired  it, 
but  also  informed  him  that  I  could  not  command  an  army  through  the  grates 
of  a  jail,  and  that  I  had  already  issued  orders  to  General  Watkins,  second  in 
command  at  Louisville,  if  I  was  arrested  and  confined  to  capture  the  jail  and 
imprison  all  who  were  concerned  in  finding  the  indictments,  including  the 
sheriff.  He  did  not  arrest  me!  At  the  November  term  of  court  I  appeared, 
and  the  judge  accepted  my  promise  to  appear  and  answer  the  indictments. 

At  the  December  term  of  the  court,  after  Alabama,  which  completed  the 
requisite  number  of  states,  had  adopted  the  constitutional  amendment,  with 
the  Hon.  Milton  Hay,  now  deceased,  while  I  was  engaged  in  a  trial  of  a 
suit  in  the  circuit  court  of  the  United  States,  I  received  a  peremptory  order  to 
come  to  Washington,  and  from  thence  proceed  to  Raleigh,  N.  C,  and  preside 
over  a  court  martial  to  be  convened  at  that  place  for  the  trial  of  certain  officers 
connected  with  the  Freedmen's  Bureau.  I  proceeded  to  Washington,  received 
my  orders  from  the  secretary  of  war,  spent  part  of  the  Fpurth  of  July,  1866,  in 
Richmond,  Virginia.  Arrived  at  Raleigh  on  the  5th^  remained  there  until  the 
1 2th  of  August  and  then  returned  to  Washington,  where  I  met  General  Grant. 

The  General  kindly  offered  to  recommend  me  for  the  appointment  of  brig- 
adier general  in  the  regular  army,  w^hich  I  declined,  and  in  return  offered  him 
ten  thousand  dollars  for  his  first  year's  salary  as  president  of  the  United  States, 
which  he  declined. 

On  my  return  to  Illinois  I  resumed  the  practice  of  the  law  with  Mr.  Hay, 
and  in  April,  1867,  removed  my  family  to  Springfield,  where  I  have  resided  ever 
since.  In  November,  1868,  I  was  elected  governor  of  Illinois,  which  dissolved 
the  partnership  with  Mr.  Hay. 

My  partnership  with  him  was  a  most  agreeable  and  profitable  one.  He 
was  a  great  lawyer  and  an  honest  man;  his  logical  power  was  unsurpassed  by 
any  one  with  whom  I  have  ever  been  associated ;  we  tried  many  causes  of  great 
importance. 

I  was  inaugurated  as  governor  on  the  12th  day  of  January,  1869,  but  on 
the  30th  day  of  the  same  month  I  was  compelled  to  veto  an  '*act  to  incorporate 
the  La  Salle  Ice  and  Transportation  Company,"  upon  the  ground  that  it  disre- 
garded the  registry  laws;    and  on  the  first  day  of  February,  1869,  I  vetoed  an 


THE  BENCH  AND  BAR  OF  ILLINOIS.  441 

act  entitled  "an  act  to  repeal  an  act  entitled  an  act  to  establish  a  court  of  com- 
mon pleas  in  the  city  of  Cairo,"  upon  the  ground  that  it  allowed  extra  compen- 
sation for  services  already  rendered  by  the  marshal  and  ex-marshal  of  the  city 
of  Cairo.  On  the  6th  day  of  February,  1869,  I  vetoed  a  bill  which  organized 
a  district  for  taxation,  including  the  town  of  Greenville,  in  Bond  county,  in 
which  I  said,  "Indeed,  it  seems  to  me  that  we  are  rapidly  reaching  a  point  where 
other  taxation  will  be  impossible;  the  people  are  now  taxed  by  counties,  cities, 
towns,  townships  and  school  districts^  and  it  is  by  this  bill  proposed  to  lay  off 
special  districts,  strips  and  sections,  so  that  excuses  may  be  found  for  levying 
new  taxes  for  new  objects,  and  thus  eat  up  the  substance  of  the  people." 

I  was  compelled  to  veto  a  bill  which  required  the  city  of  Hloomington  to 
issue  bonds  and  levy  a  tax  for  the  purpose  of  paying  for  the  grounds  recently 
purchased  in  said  city  by  the  Chicago  &  Alton  Railroad  Company  for  their 
machine  shops.  I  also  vetoed  a  bill  for  an  "act  to  fund  and  provide  for  paying 
the  railroad  debts  of  counties,  townships,  cities  and  towns"  upon  the  ground 
that  it  required  the  taxes  of  one  municipal  corporation  to  be  devoted  to  another. 

I  vetoed  many  other  bills,  upon  the  grounds  that  they  were  unjust  or  in 
violation  of  the  constitution.  In  all  I  vetoed  one  hundred  and  twelve  bills 
passed  by  the  legislature.  In  many  of  the  vetoes  I  was  sustained  by  the  su- 
preme court. 

In  1888  I  was  nominated  as  a  candidate  for  governor  by  the  Democratic 
state  convention,  which  met  in  Springfield.  In  1890  I  was  nominated  as  a 
candidate  for  United  States  senator  for  the  term  of  six  years,  beginning  on  the 
4th  of  March,  1891,  and  was  elected  on  the  one  hundred  and  fifty-fourth  ballot 
March  nth,  1891.  On  September  3d,  1896,  I  was  nominated  by  the  national 
Democratic  party  as  a  candidate  for  the  presidency.  On  the  3d  of  March,  1897, 
my  term  as  senator  expired,  and  since  that  time  I  have  devoted  myself  to  the 
practice  of  the  law,  as  a  member  of  the  firm  of  Palmer,  Shutt,  Hamill  &  Lester. 

WILLIAM    H.    BISSELL. 

William  H.  Bissell*  was  born  in  Yates  county,  New  York,  on  the  25th  day 
of  April,  181 1.  He  received  a  respectable  but  not  thorough  academical  educa- 
tion. He  studied  medicine  and  came  to  Monroe  county,  Illinois,  to  practice 
his  profession.  In  1840  he  was  elected  to  be  a  member  of  the  house  of  repre- 
sentatives of  the  general  assembly.  On  his  return  from  the  meeting  of  the 
legislature  he  concluded  to  study  law,  and  he  pursued  his  studies  until  qualified 
for  admission  to  the  bar,  and  was  afterward  elected  to  be  state's  attorney  for 
the  district  in  which  he  resided.     In  the  meantime  he  removed  to  Belleville. 

In  the  office  of  state's  attorney  he  acquitted  himself  with  great  credit. 
When  the  war  was  declared  against  ^Mexico  he  raised  a  company,  of  which  he 
was  elected  captain,  and  was  by  the  volunteers  chosen  to  be  the  colonel  of  the 
second  regiment  raised  in  this  state. 

"For  his  opportunity  he  evinced  a  high  order  of  military  talent.     Indeed, 

*  Sketch  prepared  by  the  editor  of  this  work. 


442  THE  BENCH  AND  BAR  Of  ILLINOIS. 

it  was  suspected  from  his  practical  knowledge  of  military  affairs  that  he  was 
at  one  time  connected  with  the  army.  He  contributed  by  his  valor  and  skill 
to  the  successful  result  of  the  battle  of  Buena  Vista.  He  was  distinguished  for 
his  quiet  subordination,  his  care  of  his  men  and  for  the  regular  discharge  of 
all  the  duties  of  the  commander  of  a  regiment.  After  his  term  of  senice 
expired  he  returned  home,  and  was  twice  elected  to  the  house  of  representatives 
in  the  congress  of  the  United  States. 

"During  the  groat  contest  of  1850  he  voted  in  favor  of  the  adjustment 
measures,  holding  the  (ollowiug  language  on  the  doctrine  of  non-intervention: 
'It  is  a  principle,  sir,  upon  which  1  have  always  stood,  and  from  which  I  have 
no  idea  of  departing — a  principle  maintained  and  cherished  by  my  constituents, 
and  one  which  they  will  be  slow  to  surrender.'  But  in  1854,  when  the  same 
principle  was  sought  to  be  applied  to  the  organization  of  the  territories  of  Kan- 
sas and  Xebraska,  involving  a  repeal  of  thb  Missouri  compromise,  he  approved 
that  unnecessary  assault  upon  the  domain  which  for  thirty  years  had  been  con- 
secrated to  freedom." — Davidson  and  Stuve,  History  of  Illinois,  pages  457-8- 

He  was  nominated  a  candidate  tor  governor  by  the  Bloomington  conven- 
tion, which  was  held  on  the  29th  of  May,  1856,  as  an  anti-Nebraska  Democrat, 
and  was  elected  over  his  principal  opponent,  William  A.  Richardson,  by  a 
majority  of  4,697. 

Governor  Bissell  was  buried  in  the  '"old  cemetery"  at  Springfield,  and  was 
afterward  reinterred  in  Oak  Ridge  cemetery,  at  which  time  the  editor  of  this 
work,  who  was  then  governor  of  the  state,  delivered  an  oration,  which  is  copied 
from  his  memoirs  and  here  given  place.  The  address  was  delivered  May  31, 
1871,  at  the  dedication  of  the  Bissell  monument,  and  is  as  follows: 

Citizens:  We  have  been  invited  to-day  to  aid  in  dedicating  this  structure,  to  b«  a 
memorial  of  a  name  that  the  people  of  Ihis  stale  honor  and  revere,  and  we  have  visited 
ihe  quiet  spot  where  slept  all  that  time  has  left  of  William  H.  Bissell— the  soldier,  the 
-Statesman  and  the  patriot — and  we  have  lovingly  borne  his  remains  to  this  place  and 
have  deposited  them  here,  no  more  to  be  disturbed;  that  this  beautiful  work  may  here- 
after perpetuate  his  name  and  honor  his  memory.  This  solitary  monument  is  to  stand  io 
this  city  of  the  dead,  a  voiceless  yet  impressive  witness  that  a  great  man  has  fallen,  but  is 
not  forgotten  by  his  countrymen:  while  the  inscriptions  cut  into  the  solid  marble  testify 
at  once  to  the  brevity  and  nobility  of  his  shining  and  useful  life. 

You  have  dot 
his  public  duties,  th 
priaie  terms  as  will 
but  will  afford  pro 

Fellow  citizen 
performance  of  my 
a  recital  of  such  f; 
for  as  much  as  you 
you-  He  was  bon 
with  the  almost  inii 
vanished-  Of  all  o 
f<:Tgotten  ones  strut 
of  their  day:    but  r 

It  may  well  h 


THE  BENCH  AND  BAR  OF  ILLINOIS.  443 

names  will  only  be  known  to  the  students  of  the  vanishing  past,  and  none  will  care  to 
know  when  their  lives  began  or  when  they  ended.  The  great  Napoleon,  near  the  close 
of  his  wonderful  life,  gave  to  this  thought  a  mournful  impressiveness  when  he  ex- 
claimed: "After  all  I  have  done,  ten  centuries  hence  I  will  fill  but  a  single  page  of 
history!"  Indeed,  the  dates  of  human  deaths  and  births  are  of  no  importance,  for  birth 
and  death  signify  but  changes  in  form  of  being;  the  one  is  but  the  incarnation,  and  the 
other  the  release  of  a  soul;  they  are  alike  inevitable,  and  in  themselves  furnish  no  special 
lesson  for  the  benefit  of  mankind.  It  is  true  that  the  circumstances  that  surround  an 
early  childhood  and  follow  it  in  its  growth,  until  it  develops  into  mature  life,  are  of  vast 
consequence.  No  mortal  mind  can  fathom  and  no  words  explain  the  extent  to  which  lives 
are  impressed  and  influenced  by  the  conditions  that  attend  childhood.  It  will  be  fully 
known  only  when  we  stand  in  the  presence  of  the  Infinite,  to  what  extent  our  example  or 
our  neglect  has  taught  the  feet  of  innocent  childhood  to  stray;  and  it  is  also  true  that 
incidents  of  death  sometimes  impressively  demonstrate  the  complete  growth  of  the  most 
elevated  qualities. 

The  end  of  the  righteous  is  peace.  The  true  man,  at  the  close  of  a  well  spent  life, 
may  look  into  the  abyss  that  lies  before  him  with  confidence  that  he  will  awake  in  a  new 
sphere,  filled  with  labors  and  duties;  into  a  life  that  has  its  relations  and  obligations.  He 
must  resign  "this  pleasing,  anxious  being,"  but  he  will  enter  into  another,  possessed  of 
larger  powers. 

It  is  material,  therefore,  to  a  proper  understanding  of  the  life  of  Governor  Bissell 
that  you  should  be  informed  that  he  was  of  "humble  parentage."  These  words  we  have 
inherited  from  our  mother  country,  together  with  many  of  its  admirable,  as  well  as 
absurd,  forms  of  thought  and  expression,  and  they  are  used  to  signify  that  his  parents  were 
simple  and  honest  God-fearing  people.  If  they  had  been  wealthy  and  influential  I  would 
no  doubt  have  employed  the  only  admissible  republican  substitute  for  nobility  b>  de- 
claring them  to  have  been  "highly  respectable,"  even  though  they  neither  "feared  God  nor 
regarded  man." 

During  his  childhood  he  had  before  him  the  parental  examples  of  industry  and 
frugality  and  of  the  honest,  painstaking  discharge  of  daily  duties;  his  life  commenced  and 
his  boyhood  was  surrounded  by  such  influences  and  no  other,  and  none  that  knew  him 
well  will  doubt  that  they  were  the  foundations  of  the  rules  of  a  life  that  was  singularly 
brilliant  and  successful  and  that  would,  under  favorable  circumstances  of  physical  health 
and  constitutional  vigor,  have  become  eminently  distinguished.  Young  men  of  the  present 
day  are  slow  to  comprehend  the  difficulties  that  forty  years  ago  embarrassed  those  who 
were  eager  to  obtain  the  advantages  of  thorough  literary  culture.  Even  in  some  of  the 
states  that  are  now  overflowing  with  wealth  and  population,  schools  and  higher  institu- 
tions of  learning  were  comparatively  rare.  They  were  roads,  but  not  royal  roads,  and 
Governor  Bissell  was  able  by  these  agencies  to  acquire  a  respectable,  though  I  think  not  a 
thorough  academical  education. 

I  do  not  refer  to  the  circumstances  of  the  childhood  and  youth  of  Governor  Bissell  to 
find  corroboration  for  the  popular  belief  that  enforced  industry  and  self-denial  in  early  life 
are  unfavorable  to  high  intellectual  or  moral  development,  for,  contrary  to  the  general 
view,  I  am  persuaded  that  the  stern  lessons  of  poverty,  in  the  modified  and  softened  forms 
in  which  it  presents  itself  in  our  country,  are  more  useful  and  impressive  than  any  that  can 
be  imparted  in  the  schools.  The  fortunate  young  man  possessed  of  generous  traits,  re- 
lieved from  ill  judged  and  enervating  support,  is  permitted  to  acquire  and  cultivate  the 
master  quality  of  manhood,  self-reliant  helpfulness,  a  hopeful,  enduring  confidence  in  his 
own  capacity  to  do.  This  lies  at  the  foundation  of  all  true  success  in  life,  and  is  learned 
only  in  the  field  of  actual  struggle;  and  the  boy  who  is  compelled  to  face  obstacles  and 
overcome  them  will  enter  upon  manhood  with  a  courage  to  which  all  things  are  possible, 
and  though  he  may,  in  the  great  battle  of  life,  suffer  reverses  and  occasional  defeats,  he 
will   win   the  victory  at  last. 

Governor  Bissell  came  to  Illinois  in  his  early  manhood,  a  physician,  and  engaged  in 


444  THE  BENCH  AND  BAR  OF  ILLINOIS. 

• 

the  practice  of  his  profession.  I  have  never  thought  it  to  be  singular  that  a  man  of  his 
active,  ambitious  qualities,  but  acute  and  inquisitive  mind,  should  have  been  at  first  fasci- 
nated by  the  study  of  the  laws  of  life  and  health,  of  disease  and  death.  How  marvelous 
it  is  that  we  live  and  move  and  think  and  love  and  fear  and  hate;  how  wonderful  it  is 
that  we  thrill  with  abundant  joyous  health,  that  we  tremble  and  cower  at  the  touch  of 
slight  disease;  and  how  astounding  that  death  is  on  every  hand  around  us — above  and 
beneath — that  he  conceals  himself  in  the  waters  and  floats  upon  the  breeze;  he  touches  us, 
and  we  are  no  more. 

Those  who  knew  the  quality  and  texture  of  Bissell's  mind  will  readily  understand 
the  earnestness  with  which  he  would  labor  to  master  these  mysteries,  and  that  after  having 
learned  that  they  were  all  concealed  from  mortal  view;  that  they  are  as  unfathomable  as 
nature  herself,  he  would  turn  his  attention  to  other  fields  of  effort. 

He  was  elected  to  the  legislature,  and  was  engaged  in  public  employment,  with 
slight  interruptions,  for  the  remainder  of  his  life.  He  turned  his  attention  to  the  profes- 
sion of  the  law,  and  soon  attained  a  high  rank  in  his  new  calling. 

On  the  breaking  out  of  the  war  with  Mexico  he  was  chosen  the  commander  of  a 
regiment,  and  during  his  term  of  service  he  evinced  the  possession  of  high  military 
qualities.  He  was,  soon  after  the  close  of  the  war,  elected  to  a  seat  "in  the  national  con- 
gress, and  was  afterward  chosen  to  be  governor  of  the  state,  the  tenth^  in  the  order  of 
service,  and  died  on  the  i8th  day  of  March,  i860,  before  the  expiration  of  his  constitutional 
term,  at  the  age  of  forty-eight  years.  How  brief  this  life,  and  how  few  are  the  leading 
events  to  which  I  have  referred;  and  yet  I  have  already  declared  in  your  hearing  that  such 
a  life  is  to  be  regarded  as  successful. 

Biography  is  history,  and  the  history  of  the  world  is  usually  written  as  if  there  was 
nothing  worthy  to  be  chronicled  but  the  rise  and  fall  of  empires,  the  beginning  and  end 
of  dynasties,  and  the  marches  and  battles  of  armies;  and  yet  these,  of  all  others,  are  the  facts 
least  worthy  to  be  remembered.  Man,  under  God,  is  the  universe,  and  information  that 
his  governmental  forms  at  different  periods  have  justified  one  or  some  other  designation, 
furnishes  us  no  clue  by  which  the  actual  condition  of  peoples  may  be  ascertained.  Em- 
perors and  kings  have  been  sometimes  the  guardians  of  liberty,  and  popular  forms  of  gov- 
ernment, on  the  other  hand,  have  often  been  administered  by  the  despotic  and  cruel. 
Armies  are  but  imperfect  types  of  the  civilization  of  their  period,  and  great  battles  won 
in  the  name  of  despotism  have  often  proved  to  be  the  triumph  of  human  freedom. 

The  events  that  constitute  the  staple  of  history  are  valueless  until  subjected  to  philo- 
sophical analysis  and  considered  in  all  their  relations  and  influences;  and  when  this  is  wisely 
(lone  the  ajre  to  which  they  are  to  be  referred  stands  out  before  us  like  a  picture,  in  which 
every  object  preserves  its  proper  proportions.  And  so  it  is  of  the  leading  facts  in  the 
life  history  of  eminent  men.  We  may  be  told  that  Washington  was  the  commander-in- 
chief  of  the  American  armies  during  the  war  of  the  Revolution,  and  that  he  was  afterward 
the  president  of  the  United  States;  but  these  are  the  most  unimportant  circumstances  of 
Ins  grand  and  sublime  life.  We  are  to  be  instructed  and  profited  by  a  history  of  his  minor, 
inner  life;  by  a  knowledge  of  all  those  admirable  qualities  that  existed  and.  when  so  happily 
combined,  constituted  the  man  who  was  "first  in  war,  first  in  peace  and  first  in  the  hearts 
of  his  countrymen." 

And  those  of  us  who  stand  here,  near  the  city  of  Springfield,  which  was  his  cherished 
liomc  when  he  lived,  and  in  this  solemn  city,  which  is  his  home  now  that  he  is  dead. 
and  within  sight  of  that  towering  column  erected  to  point  out  to  the  pilgrims  of  liberty 
who  may  inquire  for  the  tomb  of  the  noble  martyr  where  he  sleeps,  do  not,  when  we 
speak  of  Lincohi,  say  he  was  once  a  member  of  congress,  or  that  he  was  twice  elected  to 
the  highest  place  in  the  gift  of  the  American  people,  for  we  know  that  these  events  were 
but  the  result  of  the  qualities  that  marked  him  the  central  figure  in  the  sublimest  events 
in  history.  But  we  speak  of  his  modesty,  his  truthfulness,  his  fidelity  to  the  right,  his  in- 
dustry, his  wonderful  wealth  of  firmness  and  courage,  his  broad  capacity,  that  were  so 
suddenly  developed  by  the  responsibilities  of  his  great  place  that  they  seemed  to  us  like 


THE  BENCH  AND  BAR  OF  ILLINOIS.  445 

the  inspirations  of  Deity;  his  patriotism,  and  the  golden  chain  of  personal  excellencies  that 
cannot  be  described  and  that  bound  all  these  into  one  compact  and  harmonious  whole,  so 
lofty  and  so  great  that  it  astonished  us  who  knew  him  best  and  imagined  we  knew  all 
that  there  was  to  be  learned  of  his  character.  Men  are  to  be  studied  and  described  by 
their  qualities,  their  capacities  and  their  trials.  In  the  true  portraiture  of  history,  events 
in  their  lives  are  only  appealed  to  as  witnesses.  Acts  are  but  the  objective  types  or  re- 
sults of  inner  forces. 

I  have  already  mentioned  that  Governor  Bissell  abandoned  his  early  profession  for 
that  of  the  law.  For  this  field  of  labor  he  possessed  many  natural  qualifications.  He  was  a 
clear  and  accurate  thinker  and  was  an  honest  thinker,  if  I  may  be  allowed  to  use  a  term 
that  more  properly  belongs  to  the  domain  of  morals,  to  illustrate  mere  intellectual 
processes. 

Notwithstanding  the  rigor  and  exactness  of  all  true  forms  of  logical  reasoning,  every 
one  has  observed  that  some  minds  are  so  radically  oblique  that  they  cannot  perceive  or 
accept,  but  will  always,  though  unconsciously,  resist  the  most  accurate  deductions  of  rea- 
son.   Such  persons  are  affected  by  what  may  be  very  fairly  termed  intellectual  color-blind- 
ness.   The  mental  eye  is  incapable  of  perceiving  some  of  the  rays  of  light  that  contribute 
to  the  true  color  of  truth,  and  they  therefore  labor  on,  all  unconscious  of  their  existence. 
His  mind,  at  a  glance,  took  into  view  all  the  shades  of  truth,  and  accepted  logical  results 
as  if  they  were  the  decrees  of  fate.     He  cherished  for  the  law  the  most  profound  respect, 
and,  like  the  sages  whose  wisdom  has  made  the  profession  illustrious,   he  esteemed  the 
law  to  be  "the  science  of  practical  justice,"  and  held  that  its  professors  are  bound  by  the 
most  solemn  obligations  to  maintain  and  enforce  it.    In  his  view  the  law  is  a  shield  to  the 
lielpless  and  a  defense  to  the  innocent.     Some  who  are  now  present  will  remember  when 
Bissell   was  the  representative   of  public  justice,  and  when  the  ablest  of  the  profession 
esteemed   it  an   honor  to  be  selected  to  defend   the  poor.     His  antagonists   felt  always 
sure  that  the  claims  of  the  law  would  be  maintained,  but  that  justice  and  right  would 
.  never  be  disregarded.     Some  of  his  professional  rivals  live  to-day  to  cherish  his  memory; 
but  others,  ah,   how  many  of  them!    are  like  him,  gone  to  appear  in  the  tribunal  of  the 
Infinite  Judge. 

As  a  politician  he  was  earnest  and  sincere.  The  ostensible  grounds  of  political  con- 
troversy in  the  earlier  years  of  the  public  life  of  Governor  Bissell  are  of  but  little  real 
importance.  The  great  conflict  that  created  the  Democratic  and  Whig  parties  was  over. 
As  early  as  the  year  1840  the  Whig  party,  upon  issues  that  are  not  now  easily  explained, 
carried  the  presidential  election  and  nearly  all  the  states,  but  it  perished  in  the  very  hour 
of  its  triumph,  and  in  1844  the  Democratic  party,  under  the  leadership  of  Mr.  Polk,  cap- 
tured, and  carried  into  the  citadel  with  shouts  of  triumph,  the  wooden  horse,  filled  with 
its  deadliest  enemies.  The  inauguration  of  Mr.  Polk  was  followed  by  a  war  with  Mexico, 
and  the  results  of  that  war  forced  upon  the  country  the  necessity  of  considering  some  of 
the  aspects   of  the,  even  then,  dreaded  slavery  question. 

Governor  Bissell,  who  had  borne  an  honorable  part  in  the  war,  was  elected  by  the 
people  of  his  district  to  represent  them  in  the  house  of  representatives  in  the  federal  con- 
gress, and  upon  that  theatre  early  distinguished  himself  for  clearness  of  views  and  for  his 
calm,  though  courageous,  utterances.  He  entertained  the  opinion  that  slavery,  when  es- 
tablished or  maintained  within  any  of  the  states,  by  their  own  authority,  was  properly 
beyond  the  reach  of  any  external  disturbance;  but  he  was  equally  firm  in  the  expression 
of  the  belief  that  it  did  not  exist,  and  could  not  be  established  by  federal  authorities,  in  any 
of  the  territories  acquired  from  Mexico. 

The  discussions  in  congress  on  this  and  kindred  topics  were  attended  by  the  usual 
explosions  of  passion  and  feeling.  Amid  all  the  scenes  of  these  turbulent  sessions  of 
congress.  Governor  Bissell  bore  himself  with  that  quiet  calmness  that  characterized  him  on 
the  field  of  Buena  Vista.  He  was  courteous  to  all;  he  was  dignified  and  deferential,  but 
in  spite  of  all  this  he  became  involved  in  an  affair  that  no  one  that  undertakes  to  do 
justice  to  his  memory  can  pass  over  in  silence.     For  decorous  words,  calmly  and  courte- 


446  THE  BENCH  AND  BAR  OF  ILLINOIS. 

ously,  though  firmly,  spoken  in  debate,  he  was  challenged  by  Mr.  Jefferson  Davis,  then 
a  member  of  congress  from  Mississippi,  but  afterward  notorious  as  the  chief  of  the  brief  and 
ill-starred  southern  confederacy,  to  fight  a  duel,  and  he  coolly  and  decisively  accepted  the 
challenge. 

Before  discussing  the  questions  of  morality  and  propriety  that  are  to  be  considered 
in  determining  upon  the  conduct  of  Bissell  upon  this  occasion,  I  may  be  permitted  to  say 
that  his  acceptance  of  this  challenge  was  with  a  deliberate  intention  to  fight.  He  nro- 
posed  no  unusual  weapons  or  terms;  he  indulged  in  no  useless  words.  In  this  respect 
his  conduct  was  characteristic  of  his  life.  Whether  his  acceptance  of  the  challenge  was 
justifiable  or  not,  depends  upon  all  the  attending  circumstances.  Personal  self-defense 
is  a  right  recognized  alike  by  divine  and  human  laws,  and  that  defense  is  most  perfect  that 
not  only  repels  but  anticipates  and  prevents  danger. 

The  war  of  the  sections,  that  afterward  summoned  millions  to  the  field,  had  even  then 
commenced,  and  the  challenge  of  Mr.  Davis  was  addressed  not  only  to  William  H.  Bis- 
sell, but  to  his  state  and  the  whole  north.  Northern  public  men  then  and  afterward,  under 
the  mistaken  belief  that  the  northern  people  demanded  that  they  should  not  repel  insult 
by  the  punishment  of  the  aggressor,  submitted  to  contumely  and  outrage  to  an  extent 
that  even  now  cannot  be  remembered  without  a  flush  of  indignation.  It  seemed  then  to  be 
demanded  of  public  men  that  they  should  speak  freely  and  assert  the  right  to  freedom  of 
speech,  but  that  they  should  not  employ  the  only  mode  possible  for  its  defense.  I  admit 
that  the  principles  of  Christianity  condemn  all  forms  of  violence  not  employed  withm 
the  strictest  limits  of  self-defense;  but  I  have  often  felt  that  the  right  to  employ  force  in 
the  vindication  of  other  rights  is  as  sacred  and  as  necessary  as  that  of  personal  self-pro- 
tection. 

At  that  time  it  was  the  purpose  of  southern  public  men  to  subjugate  the  whole  conti- 
nent to  slavery;  and  personal  menaces  and  insults  toward  members  of  congress  from  the 
north  and  west  were  the  means  resorted  to  to  give  effect  to  their  plans.  They  trusted  in 
the  efficacy  of  intimidation,  and  the  challenge  to  Governor  Bissell  was  an  experiment  in 
that  direction,  and  history  has  already  testified  as  to  the  measure  of  its  success.  In  my 
judgment,  under  the  circumstances  that  then  existed,  the  acceptance  of  this  challenge 
was  simply  the  discharge  of  a  necessary  duty  to  the  state;  there  was  no  middle  ground: 
insults  must  have  been  borne  or  resented:  intimidation  must  have  been  submitted  to  or 
repelled,  and  no  man  ought  now  to  hesitate  to  decide  as  to  what  was  the  proper  line  of 
duty. 

But  I  have  consumed  too  much  time  upon  this  interesting  episode  in  the  life  of  the 
distinguished  man  whose  remains  are  to  be  to-day  forever  shut  out  from  mortal  view. 
Before  the  close  of  his  congressional  term  he  was  smitten  by  that  mysterious  disease  that 
pursued  him  without  relenting  until  the  close  of  his  life. 

In  the  year  1856  he  was  elected  by  the  people  to  be  the  governor  of  Illinois,  but  even 
before  that  event,  which  afforded  him  such  gratifying  proof  of  the  affection  and  con- 
fidence of  his  fellow-citizens,  it  was  manifest  to  his  friends  that  his  active  career  was  ended. 
He  brought  to  the  administration  of  the  state  the  resources  of  a  clear  and  still  vigorous 
mind  and  an  earnest  purpose  to  advance  the  public  weal;  but  his  stealthy  foe  did  not  re- 
lease his  grasp,  and  on  the  i8th  day  of  March,  i860,  quietly  removed  him  from  earth 

I  have  thus  briefly  spoken  of  the  dead,  but  not  fully:  have  presented  points  in  hi> 
history  and  character  that  are  worthy  of  study  and  imitation,  and  now  we  leave  these  poor 
remains  here  to  rest  in  peace  until  the  great  day  when  he  and  we  ourselves  shall  rise  and 
stand  together  before  the  throne  of  the  Eternal. 

Gentlemen,  you  who  were  charged  by  the  state  with  the  duty  of  designing  and  erecting 
this  monument,  have  acquitted  yourselves  well.  Governor  Bissell  was  the  official  associate 
of  some  of  you,  and  the  friend  of  all.  Yours  has  been  a  melancholy  duty,  but  on  your 
part  one  of  love.  Accept  the  thanks  of  the  people  of  the  state,  through  me,  for  your  fidelity 
to  your  sacred  trust. 


CHAPTER  XXIV. 

THE  COURTS  OF  KNOX  COUNTY— EARLY  MEMBERS  OF  THl 

BAR— LAWYERS  OF  PRESENT  BAR. 

CONTRIBUTED   BY   B.  P.  WILLIAMS,   ESQ. 

KNOX  COUNTY  was  organized  on  the  loth  day  of  June,   i8 
first  term  of  the  circuit  court  was  held  at  the  residence  of  John 
mon,  section  32,  Henderson  township,  about  four  miles   nor 
Galesburg,  on  October  i,  1830,  Judge  Richard  M.  Young,  then  juds 
fifth  judicial  district,  presiding.     In  the  absence  of  Thomas  Ford,  stat        i 
ney,  James  M.  Strode  was  appointed  state's  attorney  pro  tem.    The  tei 
but  one  day.    But  little  business  was  transacted,  the  grand  and  petit  jur 
discharged  without  performing  any  duties.    The  next  term  of  the  circ       1 
was  held  in  the  log  court-house  at  Knoxville  on  June  i8,  1832.    The  gi 
reported  to  the  court  that  they  had  no  business  before  them  and  kn* 
violation  of  law  which  it  was  their  duty  to  notice.    The  first  contested        1 
an  action  brought  by  Rhoda  Tanner  against  her  husband,  John  Tannei 
resident  of  the  state  of  Illinois,  for  divorce.    This  was  not  hastily  grar      1 
only  after  a  thorough  and  patient  investigation  into  the  merits  of  th 
The  old  log  court-house  was  built  in  183 1.     It  seems  to  have  been  a  sty      i 
fice  for  those  days,  being  erected  at  an  entire  cost  for  building  and  fu 

of  $349.43- 

The  second  presiding  judge  was  Hon.  James  H.  Ralston,  a  native 
tucky.     He  was  elected  by  the  legislature,  in  1837,  to  fill  a  vacancy  occ     i 
by  the  resignation  of  Judge  Richard  M.  Young.    Judge  Ralston  renia     1 
office  but  a  short  time.    He  was  succeeded  by  Hon.  Peter  Lott,  a  native 
York,  and  he  by  Stephen  A.  Douglas,  who  continued  to  hold  our  cour 
1841   until  August,  1843,  when,  having  been  elected  to  congress  from  t    : 
congressional  district  of  Illinois,  he  resigned  the  office  of  judge.     The 
and  fidelity  with  which  Judge  Douglas  performed  his  duties  as  presiding    i 
profoundly  impressed  both  the  bar  and  the  community. 

Hon.  Jesse  B.  Thomas  was  presiding  judge  from  1843  to  1845.     I 
succeeded  by  Hon.  Norman  H.  Purple,  of  Peoria,  who  held  the  office  fc 
years,  when  he  resigned  on  account  of  the  insufficiency  of  the  salary.    It    •. 
to  say  that  few,  if  any,  abler  men  ever  held  the  office  of  nisi-prius   judge 
state  of  Illinois.    Judge  Purple  honored  the  office. 

Hon.  Thomas  Ford,  better  known  as  Governor  Ford,  was  prose* 
attorney  of  our  circuit  from  the  organization  of  the  county  until  Janua 
1885.     Of  him  it  has  well  been  said,  ''Possessed  of  high  and  noble  qualiti 

447 


448  THE  BENCH  AND  BAR  OF  ILLINOIS. 

manhood;   a  thorough  student,  keen,  energetic,  untiring  lawyer;  of  strict  integ- 
rity, he  was  universally  esteemed  and  respected." 

Among  others  of  the  abler  state's  attorneys  in  our  circuit  were  the  late 
Hon.  William  A.  Richardson,  Robert  S.  Blackwell  and  William  C.  Goudy. 
Take  it  for  all  in  all,  Knox  county,  from  the  inception  of  its  organization  to  the 
present  time,  has  been  singularly  fortunate  in  its  bench  and  bar. 

Patrick  H.  Sanford  was  born  in  Cornwall,  Addison  county,  Vermont, 
November  lo,  1822;  graduated  at  Middlebury  College  in  1846;  read  law  with 
Judge  Asahel  Peck,  at  Burlington,  X'ermont;  came  to  Knoxville  in  December, 
1852;  completed  his  law  studies  with  Manning  &  Douglas;  was  admitted  to 
the  bar  in  the  spring  of  1853,  and  from  that  time  to  the  present  has  been  and 
continues  an  honored  member  of  the  Knox  county  bar.  He  w^as  county  super- 
intendent of  schools  from  1856  to  1862;  master  in  chancery  from  1856  to  1864; 
was  a  member  of  the  lower  house  in  the  twenty-second  general  assembly;  mem- 
ber of  the  state  senate  in  the  twenty-eighth  and  twenty-ninth  general  assem- 
blies; and  county  judge  from  1886  to  1898,  inclusive.  He  has  now  returned  to 
active  practice.  He  has  always  been  found  possessed  of  excellent  legal  judg- 
ment, coupled  w4th  spotless  integrity. 

Thomas  G.   Frost  was  born  at  Whitestown,  Oneida  county.   New  York, 
May  4,  182 1.     He  graduated  with  honor  at  Hamilton  College,  in  the  class  of 
1843,  pursued  his  preliminary  law^  studies  in  the  office  of  Strecker  &  Comstock, 
at  Rome,  New  York,  and  was  admitted  to  the  bar  in  1846.     He  was  engaged 
in  active  practice  at  Rome,  New  York,  until  1857,  when  he  removed  to  Knox 
county^  settling  in  the  city  of  Galesburg,  w-here  he  resided  until  his  removal  to 
Chicago,  in  1871.    It  is  said  by  one  who  was  thoroughly  acquainted  w^ith  Mr. 
Frost  during  his  residence  and  active  practice  in  Oneida  county,  New  York, 
that  "he  was  shortly  recognized  as  one  of  the  most  promising  lawyers  of  the 
county.     A  close  student,  with  a  w-ell  trained  and  discriminating  mind,  pains- 
taking and  industrious,  thoroughly  grounded  in  legal  principles,  he  discharged 
his   duties   to  his  clients  with    painstaking,   conscientious  fidelity."     Entering 
upon  the  practice  of  law^  in  Knox  county,  Mr.  Frost  found,  in  the  foremost 
firms  of  the  county^  specially  able  antagonists.    These  senior  practitioners  w'ere 
Manning,   Douglas   &   Craig,  than  wdiom   no  firm  in  central   Illinois   ranked 
higher;    Tyler  &  Sanford,  likewise  experienced  and  skillful  attorneys;    while, 
at  Galesburg,  Arthur  A.  Smith,  with  his  partner,  had  deservedly  many  friends. 
It  was  shortly  found  that  Mr.  Frost  was  thoroughly  capable  of  conducting  any 
cause,  either  in  the  nisi-prius  courts  or  in  the  supreme  court.    During  the  fif- 
teen years  that  he  remained  a  member  of  the  Knox  county  bar  he  was  always 
employed  on  the  one  side  or  the  other  of  every  important  cause.     Nor  did  he 
ever  fail  properly  to  acquit  himself.     It  was  notably  true,  and  conceded  on  all 
hands  by  every  worthy  antagonist,  that  no  man  at  the  bar  excelled  him  in  every 
fitting  characteristic  of  an  able,  conscientious  and  thoroughly  trustworthy  law- 
yer.    No  man  ever  more  thoroughly  devoted  himself  to  the  interests  of  every 
client  whose  cause  he  espoused.    In  the  early  winter  of  1880  Mr.  Frost  was  sud- 
denly stricken.     He  temporarily  came  to  his  old  home  in  Galesburg,  seeking 


THE  BENCH  AND  BAR  OF  ILLINOIS.  449 

rest  from  his  arduous  labors ;  and  thence  shortly  went  to  Las  Vegas,  New  Mex- 
ico, in  the  hope  of  obtaining  relief  at  the  springs,  but  without  avail.  On 
December  29,  1880,  he  passed  away,  sincerely  mourned  and  warmly  admired  by 
everyone  who  knew  him  intimately. 

At  a  meeting  of  the  members  of  the  bar  of  Chicago,  held  January  3,  1881, 
to  take  action  on  the  death  of  Mr.  T.  G.  Frost,  the  late  lamented  Charles  B. 
Lawrence  was  elected  chairman  and  H.  B.  Bergen  secretary.     No  better  epit- 
ome of  the  life  and  character  of  Mr.  Frost  can  be  given  than  by  embodying 
some  of  the  suggestions   there   made.     Judge  Lawrence    said,  among    other 
things:    **Our  profession  is  one  of  antagonism  between  its  members  while  we 
are  in  life,  but  the  moment  death  has  come,  and  the  busy  brain  has  ceased  its 
labor,  and  the  lips  are  dumb  forever,  all  thought  of  former  contests  vanishes, 
and  we  remember  of  a  dead  brother  only  what  was  noble  and  generous  and 
good.     But  the  man  in  memory  of  whom  we  have  come  here  to-day  needs  not 
the  sanctity  of  the  grave  to  bring  oblivion  to  any  heart-burnings.     He  had  no 
enemies.  He  was  so  good  a  man,  so  upright,  so  courteous,  and  in  all  the  instincts 
of  his  nature  such  a  modest  and  high-hearted  gentleman  that  even  in  the  con- 
tests of  the  bar,  earnest  and  able  as  he  was,  he  awoke  no  bitterness  of  personal 
feeling. 

**I  have  known  him  well  for  many  years,  and  I  had  not  only  a  profound 
respect  for  his  character  as  a  man,  but  a  very  high  opinion  of  his  professional 
abilities  and  attainments.    Of  a  temperament  that  sought  retirement  rather  than 
display,  he  did  not  fill  so  large  a  space  in  the  public  gaze  as  he  might  easily  have 
done  if  he  had  desired.    But  lawyers  who  have  had  him  as  an  antagonist  in  the 
courts  have  had  good  reason  to  know  that  if  there  was  a  weak  point  in  their 
case  he  was  certain  to  find  it  and  lay  it  bare.     He  had  a  very  unusual  degree 
of  analytical  power,  and  he  added  to  these  an  unwearied  industry  and  great 
power   of  application.     The  result  was  that  he  made  himself  absolute  master 
of  every  case  committed  to  his  charge,  and  he  did  this  with  a  conscientious  fidel- 
ity, whether  the  amount  involved  was  small  or  great.    While  I  was  on  the  bench 
I  was  always  struck  by  the  exhaustive  character  of  his  legal  arguments,  and  I 
have  recently  heard  a  distinguished  judge  of  one  of  our  courts  make  a  similar 
remark.     He  was  an  honor  to  our  profession;   he  stood  in  its  front  ranks;   and 
in  his  comparatively  early  death  our  bar  has  suffered  a  great  loss." 

Judge  Thomas  Drummond  said:   "I  first  understood  Mr.  Frost's  character 

as  a  lawyer  from  an  argument  which  he  made  before  me  at  Indianapolis  several 

years  ago,  and  I  must  confess  I  was  rather  surprised  as  to  the  ability  which 

he  manifested  on  that  occasion.    And  it  was  a  very  important  case.    I  had  heard 

but  very  little  of  him  before  that  time,  although  I  knew  he  was  a  member  of 

the  Chicago  bar.    He  has  frequently  argued  cases  before  me  since,  and  I  think 

there  was  no  member  of  the  bar  that  gave  more  instruction  to  the  court  upon 

the  case  that  was  being  argued  than  Mr.  Frost.     It  was  done  in  a  very  quiet, 

unobtrusive,  unostentatious  manner.    There  was  no  noise;   there  was  no  effort 

at  display;   there  was  no  attempt  to  do  anything  except  simply  to  present  the 

le^al  questions  arising  in  it  to  the  court.    There  was  no  special  fancy;   it  was 

29 


4SO  THE  BENCH  AND  BAR  OF  ILLINOIS. 

simple,  plain,  downright  logic,  and  it  was  always  a  gratification  to  me  to  hear 
him  argiie  a  case,  because  his  only  object  seemed  to  be,  what  I  think  should  be 
alw^ays  the  main  object  of  the  lawyer  in  addressing  the  court,  to  inform  the 
court  of  the  merits  of  the  case  and  present  the  question  in  the  most  forcible 
way  on  his  own  side.  He  was  always  perfectly  fair,  perfectly  just.  There  never 
was  the  slightest  attempt  on  his  part,  at  any  rate  I  never  discovered  it,  to  mis- 
lead or  deceive  the  court." 

General  John  B.  Hawley,  chairman  of  the  committee  on  resolutions,  said 
of  him,  among  other  things:  "He  stood  in  the  very  front  rank  among  the  ablest 
of  his  profession,  and  had  long  occupied  that  position.  His  natural  endow- 
ments were  great,  and  he  had  spent  his  life  in  the  severest  study  and  training, 
that  he  might  be  fully  equipped  for  the  proper  discharge  of  all  his  duties  as  a 
lawyer  and  citizen.  In  both  relations  he  discharged  his  whole  duty.  Ever 
faithful  to  his  client,  and  ever  bringing  to  his  case  every  w-eapon  that  could  be 
justly  and  fairly  used  to  advance  his  interests,  he  never  for  one  moment  forgot 
his  duty  or  resorted  to  unfair  methods,  or  sought  to  deceive  the  court  or  jury. 
He  was  a  model  lawyer.  He  was  beloved  and  admired  by  all  who  knew  him. 
With  great  abilities  he  combined  gentleness  of  heart  and  temper  and  an  affec- 
tionate nature.  These  traits  in  his  character  naturally  drew  many  to  him  and 
gave  him  warm  and  faithful  friends.  He  lived  on  a  higher  plane  than  most  men. 
With  him  duty  was  the  guide  of  his  life,  and  where  duty  led  he  followed.  This 
was  shown  in  all  the  relations  he  sustained  in  life.  Such  a  man  is  a  great  bless- 
ing to  the  w^orld,  his  death  a  great  loss  to  his  race.  It  is  the  putting  out  of  a 
beacon  light." 

Of  the  many  able  lawyers,  both  resident  and  non-resident,  practicing  at 
the  bar  of  Knox  county  in  the  early  years,  no  man  was  ever  more  thoroughly 
honored  and  esteemed,  whether  as  a  lawyer  or  a  citizen ;  no  man  ever  met  him, 
whether  as  associate  or  opposing  counsel,  in  any  matter  of  importance  who  had 
not,  by  reason  of  it,  a  higher  appreciation  of  the  nobility  of  our  profession. 

Curtis  K.  Harvey  was  born  in  Knoxville,  Illinois,  in  1847.  ^is  father, 
Curtis  K.  Harvey,  was  a  pioneer  member  of  the  Knox  county  bar;  an  able  and 
worthy  antagonist  of  Julius  Manning  from  1839  to  1847,  when  he  was  suddenly 
stricken  and  died,  leaving  a  son,  Curtis  K.  Harvey,  an  infant  in  arms,  and  tw^o 
daughters,  of  whom  one  is  the  gifted  and  estimable  wife  of  Hon.  A.  M.  Craig, 
so  long  an  able  and  distinguished  member  of  our  supreme  court.  Young  Har- 
vey graduated  at  Knox  College  in  1868;  pursued  his  preliminary  studies  with 
his  brother-in-law,  A.  M.  Craig;  was  admitted  to  the  bar  in  1869,  and  was 
immediately  admitted  to  partnership  with  Judge  Craig.  On  the  accession  of 
Judge  Craig  to  the  supreme  court  he  formed  a  partnership  wdth  Judge  Leander 
Douglas,  a  former  partner  of  Judge  Craig.  He  died  March  2,  1878,  almost  at 
the  very  threshold  of  his  professional  life,  but  during  the  nine  years  that  he  was 
a  member  of  our  bar  we  all  came  to  admire  and  love  him.  He  was  a  man  of 
superior  ability,  fine  education,  had  a  thorough  knowledge  of  the  principles  of 
law:  possessed  of  a  retentive  and  ready  memory  and  quick  perception.  He 
reasoned  from  principles  with  accuracy,  was  clear  and  original  in  presenting  his 


1 


THE  BENCH  AND  BAR  OF  ILLINOIS.  451 

case  to  the  jury,  and  his  legal  arguments  were  characterized  by  unusual  force 
and  clearness.  He  was  in  every  relation  a  model  man  and  brother.  In  his  death 
Knox  county  lost  one  of  the  very  best  and  ablest  sons  ever  bom  unto  her;  the 
bar  one  of  its  purest-hearted  and  ablest  members.  No  one  was  ever  privileged 
to  be  well  acquainted  with  him  without  being  made  better  thereby. 

Leander  Douglas,  a  nephew  of  Julius  Manning  (whose  memory  is  yet 
green  in  the  hearts  of  the  bar  and  people  of  Knox  county),  came  to  Knoxville 
in  1852,  and  commenced  practicing  as  junior  member  in  the  firm  of  Manning 
&  Douglas.  Possessed  of  rare  mental  faculties  and  legal  acumen,  he  was  shortly 
recognized  as  an  able  member  of  the  bar.  On  the  death  of  Mr.  Manning  the 
firm  became  Douglas  &  Craig.  The  firm  enjoyed  a  large  and  lucrative  practice. 
Their  services  were  in  demand  in  Knox  and  the  surrounding  counties.  The 
mental  characteristics  of  the  partners  were  such  that  each  supplemented  every 
effort  of  the  other.  No  case  entrusted  to  their  care  was  lost  through  lack  of 
ability  and  thorough  and  painstaking  fidelity  to  the  interests  of  the  client.  In  the 
year  1870  Judge  Douglas  moved  to  Missouri.  On  the  accession  of  Judge 
Craig  to  the  supreme  bench  he  returned  to  Knox  county,  settling  in  Galesburg, 
where  he  continued  to  practice  until  1880.  He  possessed  unusual  gifts  as  an 
advocate.  In  fact,  it  came  to  be  generally  conceded  that  in  a  cause  involving 
sacred  human  rights  no  member  of  our  bar  possessed  even  approximate  ability 
to  sway  the  hearts  of  men. 

*  Arthur  A.  Smith,  of  Galesburg,  for  twenty-nine  years  circuit  judge  of 
the  tenth  judicial  district,  is  a  native  of  Ohio.  He  was  born  in  Batavia,  Clare- 
mont  county,  on  the  9th  of  May,  1829,  ^ind  is  a  son  of  Eratus  and  Martha  (Hulick) 
Smith,  the  former  a  native  of  Rhode  Island  and  the  latter  of  the  Buckeye  state. 
The  Judge  acquired  his  elementary  education  in  the  place  of  his  nativity,  and  in 
the  fall  of  1840  came  to  Knox  county,  Illinois,  where  he  entered  upon  a  course  of 
advanced  study  in  Knox  College^  making  his  home  in  the  city  of  Galesburg, 
the  seat  of  that  institution  of  learning.  He  was  graduated  in  the  class  of  1853 
and  at  once  entered  upon  the  study  of  law  under  the  supervision  of  Abraham 
Becker,  formerly  an  able  practitioner  of  New  York,  completing  his  course  in 
the  office  and  under  the  direction  of  Hon., Julius  Manning,  of  Peoria,  Illinois. 

In  1855  Judge  Smith  was  admitted  to  the  bar  of  Illinois  and  immediately 
began  practice  in  Galesburg,  where  he  continued  in  the  active  practice  of  his 
chosen  profession  until  after  the  outbreak  of  the  civil  war.  Feeling  that  his 
country  needed  his  services,  in  1862  he  joined  the  boys  in  blue  of  the  Eighty- 
third  Regiment  of  Illinois  Infantry,  and  upon  the  final  organization  of  that  body 
was  elected  lieutenant-colonel.  Subsequently  he  was  commissioned  colonel, 
and  was  brevetted  brigadier-general.  Throughout  the  war  he  was  an  active 
participant  in  the  struggle  and  rendered  cfifective  service  to  the  government  in 
maintaining  the  integrity  of  the  Union.  His  regiment  served  in  the  west,  prin- 
cipally in  the  Army  of  the  Cumberland,  and  his  personal  gallantry  and  bravery 
inspired  his  men  to  deeds  of  valor. 


*  The  following  sketches  are  not  a  portion  of  the  article  contributed  by  Mr.  Williams. 


452  THE  BENCH  AND  BAR  OF  ILLINOIS, 

When  hostilities  had  ceased  Judge  Smith  returned  to  Galesburg  and 
resumed  the  practice  of  his  profession,  rapidly  acquiring  an  extensive  and 
remunerative  clientage.  In  1866  he  was  appointed  by  Governor  Oglesby  to  fill 
the  unexpired  term  of  Judge  John  S.  Thompson,  and  at  the  expiration  of  that 
term,  in  June,  1867,  he  was  elected  to  the  same  office, — judge  of  the  tenth  judi- 
cial circuit,  then  comprising  the  counties  of  Knox,  Warren,  Mercer  and  Hen- 
derson. For  the  five  succeeding  terms  he  was  chosen  by  the  vote  of  the  people 
for  the  same  office,  but  two  years  before  the  expiration  of  his  last  term  he  re- 
signed on  account  of  ill  health,  making  a  continuous  service  on  the  bench  of 
about  twenty-nine  years.  He  is  a  learned  and  skillful  practitioner  and  ex- 
pounder of  the  law,  and  his  judgments  and  rulings  were  remarkable  for  their 
soundness  and  accuracy. 

In  his  political  views  Judge  Smith  is  a  stanch  Republican,  and  in  1861  he 
was  elected  to  the  state  legislature,  where  he  served  for  two  sessions,  through- 
out which  his  conduct  was  characterized  by  inflexible  loyalty  and  marked 
ability.  In  all  matters  pertaining  to  the  social  and  political  welfare  of  his 
adopted  state  and  county  he  is  warmly  interested.  He  has  aided  effectively  in 
developing  and  fostering  the  industries  and  resources  of  Galesburg,  and  while 
in  the  halls  of  the  legislature  worked  profitably  for  the  interests  of  his  constitu- 
ents. He  has  been  a  trustee  of  Knox  College  for  more  than  tw^enty  years,  and 
the  cause  of  education  finds  in  him  a  warm  friend.  He  belongs  to  the  Grand 
Army  post  of  Galesburg,  and  is  a  member  of  the  Loyal  Legion  commandery,  of 
Chicago. 

In  1855  Judge  Smith  married  Miss  Mary  Delano,  whose  death  occurred 
the  following  year.  He  afterward  wedded  Mary  E.  Benner,  of  Galesburg,  and 
they  have  five  children:  Blanche  V.,  Arthur  A.,  De  Witt,  Loyal  L.  and  Benner 
X.  The  daughter  is  an  accomplished  musician  and  spent  five  years  in  Europe 
in  the  cultivation  of  this  artistic  talent.  Arthur  A.  is  a  rising  young  attorney 
of  Galesburg.  De  Witt  is  engaged  in  the  jewelry  business  in  Chicago,  whik' 
Loyal  is  an  attorney  of  that  city,  and  Benner  was  until  recently  a  leading  lawyer 
of  Salt  Lake  City,  Utah,  and  deputy  attorney-general  of  that  state,  but  when 
the  Spanish-American  war  was  declared,  he  resigned  and  entered  the  military 
service  of  his  country. 

Edward  Payson  Williams  has  resided  in  Galesburg  for  more  than  fifty  years, 
and  for  the  past  twenty-five  years  has  been  the  recognized  leader  of  the  Knox 
county  bar.  His  modest  and  unassuming  nature  has  kept  him  from  the  public 
gaze,  but  the  strength,  clearness  and  accuracy  of  his  judgment,  coupled  with 
an  unflecked  purity  and  integrity  of  life,  have  made  him  known  and  respected 
and  loved  by  all  who  have  been  either  his  clients  or  his  friends. 

His  father,  Sherman  Williams,  was  one  of  the  early  abolitionists,  and  first 
settled  in  Missouri;  but  his  views  on  the  slavery  question  were  not  accepted 
there  and  he  was  driven  from  the  state  by  the  pro-slavery  element^  fleeing  by 
night  with  his  wife  and  young  children.  His  mother,  Sally  (Bradley)  Williams, 
was  a  woman  of  very  remarkable  intellectual  power,  an  omnivorous  reader,  with 
a  genius  and  love  for  guiding  and  instructing  youthful  minds. 


THE  BENCH  AND  BAR  OF  ILLINOIS.  453 

Mr.  Williams'  early  life  was  spent  on  a  farm,  and,  excepting  portions  of  a 

few  years  which  were  spent  in  the  district  school  and  in  Knox  College,  he  did 

the  hard  and  exacting  work  of  the  farm  until  he  had  passed  his  twenty-fifth  year. 

An  injury  which  he  then  received  disabled  him  from  continuing  in  that  calling, 

and  he  took  up  with  indomitable  purpose  his  preparation  for  the  practice  of 

the  law.    After  two  years  of  study,  he  was  admitted  to  the  bar  of  Illinois  on  an 

examination  conducted  in  person  by  the  late  Judge  Corydon  Beckwith.     From 

the  very  beginning  of  his  practice  he  took  rank  as  a  lawyer  who  knew  the  law 

and  could  present  it  clearly,  who  prepared  his  cases  with  thoroughness  and  who 

tried  them  both  skillfully  and  honorably;  who  gave  the  same  high  service  to  the 

small  cause  and  to  the  poor  client  that  the  largest  interests  could  command; 

and  it  was  soon  known  to  all  that  he  would  neither  take  a  retainer  because  the 

professional  rewards  were  to  be  large  if  the  cause  did  not  commend  itself  to  his 

judgment  and  conscience,  nor  refuse  a  cause  that  seemed  to  him  meritorious 

though  no  reward  were  promised  and  its  advocacy  was  unpopular. 

His  name  will  be  found  as  counsel  in  nearly  every  volume  of  the  reports  of 
the  supreme  court  of  Illinois  from  the  48th  to  the  present  time.    Upon  import- 
ant or  intricate  questions  of  law^  no  better  briefs  than  his  have  been  filed  in 
that  court.    They  have  furnished  the  basis  for  the  opinions  of  the  supreme  court 
in  many  leading  cases;  notably,  in  the  celebrated  county-seat  fight  between 
Knoxville  and  Galesburg,  settling  the  right  of  citizens  by  a  bill  in  equity  to 
purge  poll  books  and  election  returns  of  the  illegal  votes  cast,  and  to  have  the 
court  determine  the  result  of  the  legal  votes  at  such  election.     Knox  County 
versus  Davis,  Illinois  Reports,  volume  63,  page  405.     In  Stowell  versus  Bair, 
Ilh'nois  Appellate  Reports,  volume  5,  page  104,  he  filed  a  masterly  brief  on  the 
question  of  the  priority  of  lien  upon  growing  crops  between  the  landlord  and 
the  mortgagee.     In  Patterson  versus  McKinney,  Illinois  Reports,  volume  97, 
page  41,  his  brief  upon  the  proposition  that  conveyances  to  one's  family  made 
while  heavily  indebted  and  engaged  in  speculations  can  be  set  aside  in  equity 
as  fraudulent,  is  preserved  in  the  report.    In  Kiernan  versus  C,  S.  F.  &  C.  Rail- 
way Company,  Illinois  Reports,  volume  123,  page  188,  the  court  sustained  his 
splendid   set   of  instructions  as  to  weight  of  evidence  in  condemnation  cases. 
During  his  long  career  at  the  bar  he  has  met  in  professional  contests  nearly 
every  prominent  lawyer  of  the  Military  Tract,  and  has  won  his  fuU  share  of 
victories.     In  the  early  days  his  practice  was  not  confined  to  Knox  county,  but 
extended  to  all  the  counties  of  the  circuit.    In  Fulton  county  he  practiced  with 
Hon.  William  C.  Goudy,  who  afterward  became  a  well  known  lawyer  in  Chi- 
cago,  and  Hon.  S.  P.  Shope,  afterward  justice  of  the  supreme  court  and  now 
in  active  practice  in  Chicago.     He  was  often  retained  with  or  against  Hon. 
Thomas  G.  Frost,  afterward  of  Frost  &  Miller,  of  Chicago;  Hon.  A.  M.  Craig, 
now  one  of  the  justices  of  the  supreme  court;  Hon.  Charles  B.  Lawrence,  after- 
ward justice  of  the  supreme  court,  and  then  one  of  the  leaders  of  the  Chicago 
bar,  and  many  others.    He  was  an  early  friend  of  John  P.  Wilson,  Esq.,  and  of 
Judge  Blodg^ett,  of  Chicago.    All  who  have  met  him  in  the  courts  or  have  in 
other  ways  come  to  know  him,  esteem  him  for  his  fidelity  as  a  friend  and  his 


454  THE  BENCH  AND  BAR  OF  H.UN01S. 

integrity  as  a  citizen,  and  warmly  admire  the  ability  and  conscience  wliich  have 
characterized  every  act  of  his  professional  life.  But  his  best  work  and  highest 
title  to  distinction  does  not  lie  in  his  purely  professional  work.  His  greatest  in- 
fluence has  been  wielded  as  a  man  of  honor  and  moral  bravery,  and  through 
the  many  men  who  have  gained  their  professional  ideals  and  inspiration  while 
students  in  his  office. 

From  the  day  he  entered  a  law  office  until  now,  he  has  placed  the  obliga- 
tions of  a  lawyer  before  his  rewards  and  has  always  cared  more  to  settle  strife 
and  protect  rights  by  fair  compromise  than  to  encourage  litigation  or  imperil 
his  clients'  interests  in  the  hope  of  professional  reward  or  distinction. 

He  has  not  drawn  the  line  merely  against  dishonest  claims  or  methods, 
but  against  causes  and  courses  that  while  entirely  honest  might  prove  hard- 
ships to  the  party,  though  beneficial  to  the  attorney.  For  example,  a  mort- 
gage for  over  twenty  thousand  dollars  was  sent  him  with  instructions  to  begin 
foreclosure  proceedings.  The  mortgagor  was  in  default  and  a  foreclosure  pro- 
ceeding would  have  brought  an  attorney's  fee  of  an  unusual  size  and  of  which, 
on  account  of  the  large  number  of  persons  dependent  upon  him,  he  was  in 
real  need.  Yet  because  the  mortgagee  was  honest  and  would,  in  his  judgment, 
be  able  to  pay  the  larger  portion  of  the  defaulted  interest  within  the  next  six 
months,  he  made  the  unasked  recommendation  of  a  postponement  of  the  fore- 
closure proceedings.  The  result  was  that  the  mortgagor  saved  his  land  and  the 
mortgagee  secured  his  debt,  and  Mr.  Williams  received,  but  a  nominal  fee.  And 
examples  of  this  sort  might  be  multiplied.  The  golden  rule  controls  him  both 
as  a  lawyer  and  as  a  man. 

Students  from  his  office  are  found  in  the  upper  ranks  of  the  profession  from 
New  York  to  Seattle,  Washington,  and  all  hold  him  both  as  a  lawyer  and  citi- 
zen in  the  highest  regard  and  affection. 

He  is  a  Republican  in  politics,  as  was  natural  from  his  early  experiences, 
but  he  has  never  sought  public  office.  In  the  early  days  of  his  practice  he  was  city 
attorney  of  Galesburg  for  one  term,  and  master  in  chancery  of  the  circuit  court 
for  a  short  time.  His  friends  have  long  desired  to  place  him  upon  the  circuit  bench, 
where  his  profound  knowledge  of  the  law,  tempered  by  his  fine  sense  of  justice, 
would  have  been  so  valuable  to  litigants;  but  he  has  been  unwilling  to  make 
any  canvass  for  the  place  or  to  undergo  the  strife  of  a  political  campaign.  He 
has  neither  the  temperamenr  nor  the  natural  gifts  of  an  advocate,  though  in 
cases  appealing  strongly  to  his  feelings  he  has  made  some  very  notable  and 
effective  arguments  to  juries.  His  conspicuous  pre-eminence,  however,  is  as  a 
wise  counselor  who  ahvays  sought  and  rarely  missed  "the  right  of  the  matter." 
Though  past  three-score  years,  he  is  still  in  active  practice  in  the  full  possession 
of  his  ripened  powers,  and  has  associated  with  him  in  the  practice  two  sons, — 
Messrs.  Edwin  N.  and  G.  P.  Williams, — who  are  rendering  him  strong  and 
efficient  aid  in  conducting  the  litigation  in  which  the  firm  is  retained. 

James  A.  McKenzic,  of  Galesburg,  was  bom  April  28,  1837,  at  Spring 
Corners,  Crawford  county,  Pennsylvania,  and  is  a  son  of  Alexander  and  Dei- 
dama  (Hendryx)  McKenzie.    He  completed  his  literary  education  by  his  gradu- 


THE  BENCH  AND  BAR  OF  ILLINOIS.  455 

ation  in  Knox  College  as  a  member  of  the  class  of  1859.  He  took  the  full  course 
in  three  years,  completing  the  work  of  the  junior  and  senior  classes  in  the  school 
year  of  1858-59,  and  standing  first  in  each.  He  began  the  practice  of  law  in 
i860,  in  Cambridge,  Illinois,  remaining  an  active  member  of  the  profession 
at  that  place  until  after  the  inauguration  of  the  civil  war,  when  he  entered  his 
country's  service. 

Mr.  McKenzie  volunteered  in  August,  1861,  and  was  commissioned  captain 
of  Company  H,  Thirty-third  Illinois  Infantry.  His  miUtary  duty  was  of  a  very 
important  and  difficult  character.  For  three  weeks  he  was  judge  advocate  of 
the  militar}^  commission  at  Reeves  station,  Arkansas,  was  judge  advocate  of 
court-martial  for  six  weeks  at  Batesville,  Arkansas,  called  to  that  duty  by 
Major-General  Curtis,  in  1862,  and  was  provost  marshal  of  the  division  com- 
manded by  Brigadier-General  Steele,  at  Helena,  Arkansas,  until  transferred  to 
the  staff  of  Major-General  Curtis  as  provost-marshal-general  of  the  Army  of 
the  Southwest.  His  service  was  always  most  efficiently  and  faithfully  per- 
formed, and  his  duty  in  a  most  important  and  difficult  branch  of  the  army  was 
ably  discharged. 

Returning  to  the  north,  Mr.  McKenzie  resumed  the  practice  of  law  in  Gales- 
burg,  where  he  has  since  made  his  home.  He  was  elected  state's  attorney  for 
the  tenth  circuit,  and  held  that  office  from  1864  until  1872.  He  has  a  large  and 
distinctively  representative  clientage,  has  depended  entirely  upon  his  own  efforts 
for  advancement,  and  study,  close  investigation  and  marked  ability  have  enabled 
him  to  make  a  splendid  record.  He  stands  high  as  a  lawyer,  his  position  re- 
sulting from  his  marked  individuality  and  his  clear  knowledge  and  statement  of 
the  law.  He  is  true  to  his  clients  and  to  himself,  justly  regarding  his  self-respect 
and  the  deserved  esteem  of  his  fellow  men  as  more  valuable  than  any  wealth, 
fame  or  position  which  springs  from  toadyism  and  sycophancy. 

John  James  Tunnicliff,  of  Galesburg,  has  long  figured  as  a  leader  of  the  bar 
in  his  section  of  the  state.  For  a  third  of  a  century  he  has  practiced  in  the 
courts  of  his  district  and  has  won  the  laurels  that  crown  briUiant  achievement. 
In  his  early  manhood  he  came  to  Knox  county,  and  Galesburg  has  been  the 
scene  of  his  professional  labors  almost  from  the  beginning  of  his  career  as  a 
lawyer. 

His  birth  occurred  at  Penn  Yan,  New  York,  March  17,  1841,  his  parents 
being"  Nelson  and  Mary  (Smith)  Tunnicliff.  The  former  was  a- merchant  and  a 
son  of  John  TunnicliflF,  one  of  the  early  settlers  of  Herkimer  county.  New  York. 
Our  subject  acquired  his  education  in  Hamilton  College,  of  Clinton,  New  York, 
where  he  was  graduated  in  the  class  of  1863,  after  which  he  took  a  course  in  the 
Albany  Law  School,  being  admitted  to  the  bar  at  Albany,  New  York,  in  1864. 
Immediately  afterward  he  came  to  Illinois  and  spent  a  few  months  in  the  office 
of  Judge  D.  G.  Tunnicliff,  of  Macomb,  after  which  he  located  in  Galesburg, 
where  he  has  since  made  his  home. 

In  this  city  he  entered  into  partnership  with  the  late  Thomas  G.  Frost, 
then  one  of  the  leading  lawyers  of  the  state,  the  firm  being  known  as  Frost  & 
Tunnicliff.    They  soon  built  up  an  extensive  practice  in  the  counties  of  Knox, 


4S6  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Henry,  Mercer,  Warren  and  Henderson,  and  also  practiced  in  the  supreme  court 
of  Illinois  and  the  United  States  courts.     Their  business  relationship  was  ter- 
minated by  Mr.  Frost's  removal  to  Chicago,  in  1871.    The  following  year  Mr. 
Tunnicliff  was  elected  on  the  Republican  ticket  to  the  office  of  state's  attorney 
of  Knox  county,  and  was  five  times  re-elected,  serving  in  that  capacity  for 
twenty  consecutive  years,  or  until  1892,  when  he  declined  to  again  become  a 
candidate.     In  1880  his  brother,  George  Tunnicliff,  became  his  partner  under 
the  firm  name  of  J.  J.  &  G.  TunnicliflF,  and  thus  he  continued  in  general  prac- 
tice, at  the  same  time  discharging  his  official  duties.    This  firm  is  still  in  ex- 
istence and  is  among  the  leading  law  firms  in  this  part  of  the  state.    During  his 
official  career  J.  J.  Tunnicliff  prosecuted  several  cases  that  attracted  widespread 
attention  almost  throughout  the  nation,  and  was  regarded  as  one  of  the  ablest 
prosecutors  of  the  state.     He  represented  the  state  in  the  trial  of  John  Marion 
Osborne  for  the  murder  of  Adelia  M.  Matthews,  and  the  prisoner  was  executed 
in  Knoxville,  March  14,  1873,  the  only  criminal  ever  hanged  in  Knox  county. 
He  also  secured  the  conviction  of  the  notorious  "Frank  Rande,"  alias  Charles 
C.  Scott,  who  was  tried  for  murder,  the  case  occupying  the  attention  of  the 
court  for  nearly  two  weeks,  reporters  being  in  attendance  from  Indianapolis, 
St.  Louis,  Burlington,  Michigan  City  and  Chicago.    The  argument  of  the  state's 
attorney  covered  seven  hours  and  was  a  most  masterful  summing  up  of  the 
evidence  and  the  law.    The  Chicago  Tribune  referred  to  it  "as  worthy  a  place  in 
a  most  praiseworthy  prosecution."     Mr.  Tunnicliff  also  successfully  prosecuted 
one  of  the  first  and  most  important  indictments  under  the  "dram-shop  act  oi 
1872,"  for  selling  liquor  to  a  minor,  which  the  supreme  court  affirmed,  the 
case  of  McCutcheon  versus  the  people,  69th  Illinois,  601,  being  the  leading 
case  on  the  question,  "that  the  law  imposed  upon  the  licensed  seller  the  duty 
to  see  that  the  party  to  whom  he  sells  is  authorized  to  buy." 

Mr.  Tunnicliff  has  been  twice  married.  On  the  3d  of  July,  1866,  he  wedded 
Catharine  Ludlow  Burrows,  daughter  of  the  late  John  A.  D.  and  Louisa  (Dud- 
ley) Burrows,  of  Clifton,  Ohio,  and  granddaughter  of  Colonel  Ambrose  Dudley, 
of  Lexington,  Kentucky.  She  died  May  10,  1871,  leaving  one  son,  Frederick 
B.,  bom  April  29,  1871.  Mr.  Tunnicliff  was  again  married,  January  23,  1873, 
his  second  union  being  with  Margaretta  Willoughby  Duffield,  daughter  of  Rev. 
George  Duffield,  D.  D.,  and  Augusta  Willoughby  Duffield,  of  Detroit,  Michi- 
gan. They  have  two  sons  and  a  daughter:  George  Duffield,  born  January  22, 
1874;  Augusta  Willoughby,  born  August  12,  1877,  ^"^  John  James,  born  April 
22,  1879.  Mr.  Tunnicliff  is  connected  with  the  Presbyterian  church,  and  be- 
longs to  Veritas  Lodge,  I.  O.  O.  F.,  of  Galesburg.  In  politics  he  is  a  Repub- 
lican. He  was  elected  mayor  of  Galesburg  on  "the  citizens'  ticket,"  in  1895- 
His  administration  was  progressive,  and  m  his  official  capacity  he  advocated 
all  measures  for  the  public  good  and  advancement.  While  acting  as  prosecut- 
ing attorney  his  service  was  most  fearless,  and  personal  considerations  had  no 
wci^crht  with  him  in  the  discharge  of  his  duty.  Close  study,  hard  work  and  the 
careful  discipline  of  a  strong  mind  have  rendered  him  one  of  the  most  able  and 
successful  lawyers  at  the  bar  of  Knox  county. 


CHAPTER  XXV. 

THE  BAR  OF  SHELBY  COUNTY— ANECDOTES. 

J\    LL  HISTORY  has  its  origin  in  legends,  and  one  of  the  most  oft 
ly     curring  stories  that  the  grandfathers  tell  to  the  grandsons  is  that 
-*    ^    were  giants  in  those  days." 

The  anecdotes  that  are  most  often  related  by  the  old  settlers,  to  the  ; 
lawyers  relate  to  the  wonderful  trials,  and  magnificent  speeches  that  grea; 
yers  made,  in  the  "good  old  times." 

We  have  no  reason  to  doubt  the  truthfulness  of  these  memories,  yet 
little  credit  may  be  granted  to  the  affection  of  the  narrator  and  the  roseate 
that  time  lends  to  a  fertile  story-teller  who  feels  that  nothing  should  be  Ic 
translating  the  past  into  the  present. 

U.  F.  Linder. — For  many  years  we  of  the  Shelby  bar  have  heard  o 
great  speech-making  power  of  U.  F.  Linder,  but  his  home  was  elsewhere 
some  other  chronicler  shall  tell  his  story. 

Daniel  Gregory. — Among  the  first  lawyers  who  lived  in  Shelby  county 
Daniel  Gregory,  who  afterward  made  his  home  in  Vandalia.  He  died  tl 
leaving  a  family  of  girls.  He  held  several  offices  and  was  once  selected  to 
for  circuit  judge.  He  was  once  a  member  of  the  legislature  of  Illinois.  He 
a  brother  of  Michael  Gregory,  whose  children  and  grandchildren  now  liv 
Shelbyville,  and  of  Gregory,  the  founder  of  the  Chicago  stock-yards. 

Daniel  Gregory's  practice  was  chiefly  confined  to  the  details  of  getting 
to  public  lands,  then  subject  to  entry  and  homestead  in  this  and  adjoining  co 
lies.  He  was  a  man  of  sterling  character  and  enjoyed  the  closest  friendship 
Lyman  Trumbull,  Judge  Breese  and  O.  B.  Ficklin.  Letters  written  by  th 
from  1846  to  1856,  show  very  clearly  they  each  esteemed  him  an  import 
factor  in  their  political  machinery. 

Morris  R.  Chew's  name  also  appears  upon  the  records  of  Shelby  county 
an  attorney.     He  did  not  give  his  entire  time  to  law  business,  but  engaged 
teaching  school  and  farming.     His  son  was  Hon.  William  Chew,  who  studi 
law  with  Moulton  and  Chafee  in  1867  and  1868,  and  practiced  here  until  1 
death,  in  1895. 

William  Chew  was  a  minority  member  of  the  legislature  of  1876  and  w 
one  of  the  leaders  of  that  general  assembly  in  which  "Long"  Jones  and  IIo 
J.  A.  Connolly  first  distinguished  themselves.  William  Chew  was  an  hone 
man,  a  stalwart  Republican  and  on  occasion  could  make  a  fine  speech. 

His  education  was  gained  at  the  common  schools  of  the  county  and,  as  1 
often  remarked,  in  driving  oxen  to  break  the  virgin  sod  of  the  great  prairie 

457 


458  THE  BENCH  AND  BAR  OF  ILLINOIS. 

He  owned  several  hundred  acres  of  land  at  his  death.    He  left  one  son,  William 
H.  Chew,  now  a  member  of  our  bar  and  partner  of  George  D.  Chafee. 

Hon.  William  A.  Richardson  once  swung  his  shingle  in  Shelb>Tille,  but 
did  not  stay  long.  It  is  related  that  he  had  a  fist  fight  with  Dr.  Trower,  but  upon 
what  occasion  tradition  does  not  disclose.  He  was  a  Democrat,  but  on  locating 
in  Ouincy  became  a  Whig,  and  achieved  great  honors,  being  at  one  time  United 
States  senator. 

Another  gentleman  who  stayed  in  Shelby ville  about  a  year  is  the  Hon. 
Joseph  G.  Cannon.  It  is  the  current  talk  that  he  had  one  case  before  the  justice 
of  the  peace,  and  was  beaten  in  that.  He  tells  that  he  owed  for  his  board,  and 
borrowed  ten  dollars  of  General  Hall  to  leave  town;  he  found  more  favor  in 
Douglas  county;  made  money,  paid  his  debts,  and  has  achieved  national  fame 
as  a  member  of  congress  for  many  years. 

In  1836  Hon.  Anthony  Thornton  came  here  from  Kentucky,  to  visit  his 
uncle,  General  William  F.  Thornton,  then  a  leading  citizen  of  the  state  and  a 
banker  and  merchant.  At  that  time  Shelbyville  had  but  two  or  three  stores, 
and  the  county  had,  perhaps,  from  five  to  ten  thousand  people. 

Mr.  Gregory  and  Mr.  Chew  were  the  only  local  lawyers  at  the  time.  Mr. 
Thornton  had  obtained  in  Ohio  a  college  education,  and  was  by  nature  and 
training  well  prepared  to  achieve  success  as  a  law-yer;  he  at  once  gained  the 
best  business  then  to  be  had,  and  met  and  crossed  swords  with  all  the  nomadic 
members  of  the  bar  from  other  counties  that  rode  the  circuit.  As  is  w^ell  known, 
in  these  early  times  lawyers  were  traveling  from  one  county  to  another  most  oi 
the  time,  and  in  so  doing  he  often  met  O.  B.  Ficklin,  U.  F.  Linder,  Judge  Con- 
stable, General  Shields,  General  Field,  Ferris  Forman,  "Long  Jim"  Davis, 
H.  M.  Vandeveer,  Hon.  R.  J.  Oglesby,  and  many  others.  His  success  was  as- 
sured from  the  first. 

He  was  called  upon  to  help  make  the  constitution  of  1848;  was  in  the 
legislature  in  1851,  and  again  a  member  of  a  constitutional  convention  in  1862. 
He  was  elected  to  congress  in  1866,  in  the  old  tenth  district. 

He  was  elected  judge  of  the  supreme  court  in  June,  1870,  over  Aaron  Shaw, 
who  was  the  nominee  of  the  Democratic  party  in  a  district  having  a  great  Dem- 
ocratic majority. 

One  of  the  most  useful  acts  for  the  profession  which  the  judge  had  charge 
of  was  drafting  the  law  by  which  we  now  have  the  appellate  court,  without 
which  all  the  business  of  the  supreme  court  would  be  in  a  hopeless  suspense. 
He  also  helped  organize  the  State  Bar  Association,  and  is  the  only  man  w^ho 
held  the  office  of  president  of  the  same  for  three  successive  terms. 

Anthony  Thornton  in  his  prime  was  a  great  man,  physically  and  mentally. 
He  was  six  feet  four  inches  in  height,  and  weighed  over  two  hundred  pounds. 
He  had  good  health  and  was  a  hard  fighter  in  a  law  suit.  He  had  a  large  head, 
big  features,  large  nose,  heavy,  projecting  eye-brows,  cold,  gray  eyes,  dark 
auburn  hair.  A  painstaking,  diligent  worker  and  blessed  with  a  rich,  powerful 
voice,  he  was  well  equipped  for  his  chosen  profession.  As  a  judge  of  the  cir- 
cuit court  he  had  no  superior,  and  his  work  is  well  known  to  the  profession.    He 


THE  BENCH  AND  BAR  OF  H.LINOIS.  459 

was  twice  married,  his  first  wife  being  Mildred,  daughter  of  General  Thornton. 
His  present  wife  was  Katherine,  daughter  of  Addison  Smith.  He  has  three 
children  living;  has  a  lovely  home  (Maple  Hill),  and  is  enjoying  a  happy  old 
age,  still  engaged,  at  eighty-three,  in  active  law  practice. 

Some  time  after  Mr.  Thornton  had  located  here,  probably  in  1849,  Samuel 
W.  Moulton  moved  to  Shelby ville  from  Sullivan.  He  was  a  Yankee  from  Salem, 
Massachusetts,  son  of  a  sea  captain,  and  himself  had  made  a  voyage  with  his 
father.  Being  very  near-sighted,  he  was  handicapped  for  most  professions,  and 
probably  therefore  became  a  close  student  of  books.  When  about  twenty-one 
years  old,  he  followed  the  New  England  custom,  and  went  south  to  teach  school, 
spending  some  time  in  Mississippi. 

He  was  married  early,  to  Miss  Mary  Affleck,  of  Scotch  parentage,  and 
together  they  started  for  the  new  west  to  carve  out  fortune  and  fame,  and  soon 
locating  in  Shelbyville,  have  here  lived  and  prospered,  loved  and  esteemed  by  a 
wide  circle  of  friends,  for  their  genial  hospitality,  and  their  unvarying  kindness. 

They  have  never  had  any  children,  but  have  rarely  been  without  some  girl 
or  boy,  to  whom  they  gave  a  home  and  an  education  and  that  friendship  which 
can  never  be  repaid.  In  1873  Dr.  Headen  and  his  wife  died,  leaving  a  large 
familv  of  small  children,  and  Mr.  and  Mrs.  Moulton  took  to  their  home  Walter 
C.  Headen,  then  a  small  lad  of  about  ten  years,  and  bestowed  upon  him  the 
comforts,  pleasures  and  luxuries  of  their  home,  graduating  him  at  the  city 
schools  and  sending  him  to  the  Normal  University,  at  Normal. 

Mr.  Moulton  became  one  of  the  best  lawyers  in  the  state,  and  with  Thorn- 
tori  on  one  side  and  Moulton  on  the  other,  saddle-bag  lawyers  from  other  coun- 
ties soon  learned  that  it  was  not  worth  while  to  visit  Shelby  county.  The  close 
study  of  law  was  Moulton's  recreation;  for  him  to  be  supremely  ha'^py  he 
wanted  a  case  with  a  Chinese  puzzle  in  it,  the  rule  in  Shelley's  case,  a  common- 
law  marriage  with  a  spice  of  insanity,  then  he  could  read  up  and  jot  down  notes 
that  no  one  but  him  could  ever  read.  His  rule  was  to  read  every  paper  three 
times. 

Mr.  Moulton  was  ever  a  warm  friend  to  the  common  schools,  and  in  the 
legislature,  of  which  he  was  a  member  in  1853,  ^^  was  the  prime  mover  of  the 
act  which  gave  Illinois  her  splendid  school  system,  and  of  the  law  giving  the 
state  the  Normal  University,  at  Normal.  Mr.  Moulton  was  president  of  the 
board  having  charge  of  the  university  for  many  years,  but  resigned  in  1882,  on 
account  of  then  failing  health.  Mr.  Moulton  enjoys  the  distinction  of  being 
probably  the  only  man  in  the  state  who  was  twice  elected  to  congress,  once  as  a 
Republican  and  once  as  a  Democrat.  In  1865  he  was  sent  to  congress  from 
the  state  at  large.  At  the  same  time  Judge  Thornton  was  sent  from  this  dis- 
trict, so  that  Shelbyville  was  probably  the  smallest  city  in  the  United  States 
having  two  congressmen  at  the  same  time. 

We  challenge  any  other  western  city  of  our  size  to  produce  two  as  eminent 
lawyers  who  have  for  over  fifty  years  lived  and  practiced  law  in  the  same  town. 
Moulton  became  a  war  Democrat  early  in  the  war,  a  follower  of  Douglas'  last 


46o  THE  BENCH  AND  BAR  OF  U^LINOIS. 

speech,  and  so  remained  during  the  war  and  reconstruction  times,  being  chosen 
for  congress  as  a  Republican. 

At  the  time  of  the  Greeley  race  he  voted  the  Democratic  ticket  and  has  kept 
this  up  till  the  free-silver  heresy  of  Bryan  swept  the  party  from  its  ancient  moor- 
ings, when  it  is  probable  he  did  not  waste  his  vote.  He  was  a  candidate  for 
governor  when  General  Palmer  was  nominated,  but  having  no  war  record,  he 
was  shelved  by  the  military  element  in  the  convention. 

William  J.  Henry  and  William  R.  Reed  came  here  in  i860.  Henry  had 
been  a  lawyer  in  Iowa,  and  a  short  time  in  Missouri.  Reed  was  a  young  man 
just  out  of  Delaware  schools. 

The  law  business  being  light,  Henry  and  Reed  collated  a  digest  of  the 
Illinois  Reports,  the  first  in  the  market  and  one  of  general  use  till  later  and 
better  ones  were  made  by  others.     Henry,  though  entirely  uneducated,  had  an 
active  mind  and  was  tireless  in  working  at  his  cases,  and  he  had  a  knack  of 
working  up  a  case  where  other  lawyers  would  pass  it  by.    He  always  had  a  fight 
on  his  hands,  and  did  a  very  lucrative  business  for  years,  here  and  in  adjoining 
counties,  particularly  \'ermilion,  where  he  lived  a  few  years.  The  railroad  dona- 
tion bonds,  and  the  United  States  bankrupt  law  afforded  him  a  good  income. 
In  addition  to  his  work  as  a  lawver  he  wrote  a  book  on  ecclesiastical  law,  which 
is  the  best  one  in  use  at  the  present  time.    He  also  wrote  a  **Story  of  the  Cross," 
the  same  embodying  his  idea  of  the  romance  and  the  trials  of  Christ.    The  last 
was  quite  readable,  but  unsalable,  and  the  Methodist  Book  Concern  absorbed 
both  of  them  and  left  his  family  penniless.    He  went  to  Kansas  City  and  had  a 
scheme  nearly  completed  by  which  he  would  have  made  a  large  fortune  in  a 
short  time,  when  he  was  accidentally  killed.     His  business  was  complicated,  and 
when  his  estate  was  settled  his  family  had  nothing.     One  of  his  daughters.  Mrs. 
Lord,  now  lives  in  Springfield,  Illinois,  and  supports  her  little  family  by  office 
work,  as  we  are  informed. 

Mr.  Reed,  mentioned  above,  died  of  Bright's  disease  a  few  years  after  com- 
ing here.  He  was  a  literary  man,  and  never  enjoyed  the  rough-and-tumble 
scramble  of  trial  in  court. 

Anthony  T.  Hall,  nephew  of  Judge  Thornton,  came  to  Shelbyville  about 
1859  from  Oxford,  Ohio,  where  his  father  was  president  of  the  schools.  He 
was  a  warm-blooded,  impulsive,  jolly  fellow,  and  could  make  a  very  entertain- 
ing and  sanguine  speech.  He  died  a  few  years  after  coming  here,  but  gave 
promise  of  making  a  successful  lawyer. 

George  D.  Chafee  came  here  from  Ann  Arbor,  Michigan,  in  April,  1861, 
and,  as  the  war  immediately  began,  he  had  ample  time  to  study  and  rest.  He 
had  lost  his  right  arm  a  few  years  before  in  a  threshing  machine,  so  was  not 
eligible  for  military  duty,  and  tried  in  vain  to  get  into  service. 

He  obtained  the  agency  for  some  insurance  companies,  assisted  in  bal- 
ancing some  business  men's  books,  and  eked  out  a  hard  living  for  a  couple  of 
years,  then  became  assistant  United  States  assessor,  and  for  a  while  collector, 
helped  enroll  the  county  for  the  draft,  and  did  such  other  work  as  he  could  get 


THE  BENCH  AND  BAR  OF  ILLINOIS.  461 

until  1886,  when  he  became  a  member  of  the  firm  of  Moulton  &  Chafee,  which 
firm,  with  Headen's  name  added,  existed  till  January,  1897. 

Mr.  Chafee  was  a  Hayes  elector  in  1876,  and  in  the  controversy  in  congress 
he  was  summoned  to  Washington  to  appear  before  Proctor  Knott's  committee. 
It  took  one  hundred  and  eighty-five  electoral  votes  to  elect  the  president,  and 
without  Chafee  the  Republicans  would  be  one  shorty  so  close  had  the  matter  be- 
come.  He  was  elected  to  the  thirty-second  general  assembly  and  was  made  chair- 
man of  the  railroad  and  warehouse  committee  and  acted  as  chairman  of  the  judi- 
ciary committee. 

In  1868  he  married  Miss  Marie  Smith,  the  youngest  daughter  of  Addison 
Smith.  He  lives  on  Broadway,  in  a  comfortable  home,  and  has  two  sons  and 
two  daughters. 

The  firm  of  Mouser  &  McGrew  was  known  in  Shelbyville  for  several  years. 
Enoch  McGrew  was  a  farmer,  then  school  teacher,  then  lawyer.  He  was  well 
liked  and  reasonably  successful.  He  died  after  practicing  about  ten  years.  H. 
S.  Mouser  was  a  student  from  Marion,  Ohio.  He  was  elected  school  superin- 
tendent and  had  a  very  good  practice.  When  the  boom  opened  in  Dakota  he 
moved  to  Huron,  where  he  still  lives. 

William  W.  Hess  opened  a  law  office  here  in  1876,  and  later  was  chosen 
county  judge,  which  office  he  was  filling  at  the  time  of  his  death.  He  never 
contended  for  a  general  practice^  but  made  an  excellent  judge  and  aimed  to 
hold  the  scales  of  justice  level.  He  left  surviving  him  a  widow,  a  daughter  of 
Dr.  Harnett,  and  she  still  occupies  a  pleasant  home  on  North  Morgan  street. 

One  of  the  interesting  members  of  the  Shelby  county  bar  was  Lloyd  B. 
Stephenson.  He  came  here  from  Winchester,  Virginia,  in  1866,  with  his  wife, 
having  been  a  captain  in  the  Confederate  army,  and  lost  everything.  He  studied 
law  with  John  M.  Orr,  of  Virginia.  He  was  elected,  in  1872,  prosecuting  attor- 
ney and  held  the  office  two  terms.  He  was  a  good  trader, — in  fact,  had  a  fight 
because  some  one  called  him  a  Virginia  "Yankee."  He  made  money  from  the 
first,  speculated  in  silver  mines,  was  sent  to  the  state  senate  from  this  district, 
and  later  moved  to  St.  Louis,  Missouri,  where  he  now  lives.  His  wife  was  Kate 
Gray,  one  of  a  large  family  of  handsome  Virginia  women  and  an  admirable 
hostess.  The  Captain  had  a  family  of  four  girls,  three  of  whom  are  happily 
married. 

George  R.  Wendling  was  born  and  reared  in  Shelbyville.  His  grand- 
father, who  formerly  lived  here,  was  one  of  Napoleon's  soldiers  at  the  retreat 
from  Moscow.  George  R.  early  showed  a  genius  for  talking;  was  chief  pro- 
moter of  a  local  company  to  play  Hamlet,  and  he  was  the  melancholy  prince. 
He  studied  law  rn  Chicago  and  here,  and  was  admitted  to  practice.  He  was 
partner  of  A.  T.  Hall  while  Judge  Thornton  was  on  the  supreme  bench.  The 
most  noted  case  Wendling  took  part  in  was  in  defense  of  T.  M.  Thornton,  for 
shooting  George  Tackett.  Wendling  distinguished  himself  by  his  oratory,  and 
used  all  the  best  thoughts  of  all  the  famous  speeches  on  such  subjects,  in  a 
masterly  manner,  causing  many  tears  in  the  audience  and  some  with  the  jury. 
Before  this  case  Chafee  and  Wendling  working  together,  procured  the  release 


462  THE  BENCH  AND  BAR  OF  ILLINOIS, 

on  bail  of  John  Austin  and  Antonia  McClintic,  on  a  habeas  corpus  case  before 
Judge  Thornton.  The  defendants  were  charged  with,  and  believed  to  be  guilty 
of,  the  murder  of  Eugene  McClintic,  husband  of  one  of  tlie  defendants.  She 
has  lately  been  mentioned  in  the  Fort  Smith  paper,  charged  with  the  murder  of 
another  husband. 

Wendling  was  a  member  of  the  constitutional  convention  that  drafted  our 
present  organic  law  and  is  said  to  have  made  a  great  speech  on  an  adoption  of 
the  same  clause,  which  to  him  was  fraught  with  danger  to  the  public  or  his 
party.  For  the  last  twenty  years  Mr.  Wendling  has  given  his  entire  time  to 
lecturing,  and  is  now  accounted  one  of  the  first  platform  orators  of  this  coun- 
try. He  married  Josephine  Stephenson,  and  lived  for  many  years  in  Shelby- 
ville,  but  now  has  his  winter  home  in  Washington,  D.  C. 

He  has  three  children.  His  youngest  daughter,  Grayson,  married  a  lawyer 
in  Washington.  She  was  doubtless  as  handsome  a  girl  as  lived  in  that  city  ot 
beautiful  women.  In  this  brief  sketch  of  the  bar  of  this  county,  space  will  not 
permit  a  review  of  Mr.  Wendling's  remarkable  lectures.  The  following  is  a 
newspaper  synopsis  of  one  of  his  lectures,  *Ts  Death  the  End?"  The  theme  is 
not  new^  to  lawyers  or  others^  and  perhaps  some  thought  in  this  may  aid  some 
one  in  studying  the  subject: 

"At  the  Third  Baptist  church,  before  a  highly  cultured  audience,  Hon. 
George  R.  Wendling  last  evening  undertook  to  prove  the  immortality  of  the 
soul  by  science  and  history.  He  presented  a  review  of  the  various  arguments 
against  another  life,  and  classified  them  under  four  separate  heads,  or  as  spring- 
ing from  four  different  sources,  (i)  A  reaction  against  the  absurdities  and 
superstition  of  Pagan  religion  and  the  old  mythologies.  (2)  The  undeniable  fact 
that  all  the  visible  phenomena  of  deatli  imply  annihilation.  (3)  An  intellectual 
pride  which  has  begotten  modern  rationalism  and  says  *I  will  not  believe  what 
I  do  not  know.'  (4)  The  deductions  of  modem  science.  Discussing  each  ot 
these  in  turn,  the  lecturer  passed  from  the  negative  side  of  the  question  to  an 
affirmative  argument,  to  which  he  devoted  the  remainder  of  his  address.  He 
took  for  the  cornerstone  of  his  argument  the  famous  saying  of  St  Paul,  There 
is  a  natural  body,  and  there  is  a  spiritual  body.'  The  relation  of  the  mind  to 
the  brain,  the  control  of  the  physical  organism  of  man  by  a  spiritual  power  of 
which  every  man  is  conscious  as  existing  within  him;  the  wonderful  range  and 
nature  of  that  spiritual  power;  the  differences  between  that  pow-er  and  mere 
physical  power  were  all  discussed  and  illustrated  from  many  points  of  view,  and 
the  conclusion  reached  that  the  'spiritual  body'  in  man  is  a  distinct  and  superior 
entity — the  image  of  God  himself. 

"The  lecturer  then  proceeded  to  an  argument  and  illustration  of  the  state- 
ment that  nowhere  in  nature  can  be  found  a  single  analogy  or  presumption 
showing  that  the  spiritual  body  dies  with  the  death  of  the  natural  body.  On  the 
contrary,  the  modern  doctrine  of  the  conservation  of  force;  the  scientific  fact 
that  in  all  nature  nothing  is  ever  annihilated;  the  fact  that  annihilation  is  im- 
possible, because  it  deprives  God  of  the  power  to  do  justice  among  men  by 
rewarding  those  suffering  ones  who  live  lives  of  purity  and  self-sacrifice  and 


THE  BENCH  AND  BAR  OF  ILLINOIS.  463 

poverty  for  the  sake  of  humanity ;  the  universal  and  instinctive  faith  in  a  future 
life;  and,  above  all,  the  stupendous  fact  that  the  human  race  is  a  failure  if  there 
be  no  other  lite — all  these  arguments  were  adduced  and  presented  in  the  order 
stated  to  show  that  'the  spiritual  body'  of  man  passes  into  another  sphere  of 
existence  when  'the  natural  body'  dies. 

"Upon  the  proposition  that  if  there  be  no  other  life  than  this  the  human  race 
is  a  failure,  Mr.  Wendling  said: 

"  'I  know  it  is  said  that  this  man  or  that  man  is  a  successful  man.  Successful 
in  what?  In  the  accumulation  of  wealth?  Naked  he  came  and  naked  he  will  go, 
and  his  estate  is  scattered  before  the  second  generation  passes.  Is  it  fame  as  a 
lawyer  that  you  seek?  The  penniless  daughter  of  a  world-renowned  chief  jus- 
tice was  a  poor  government  clerk  in  Washington  the  other  day.  Is  it  military 
glory?  Napoleon  died  with  a  broken  heart,  and.  the  homage  of  the  world  could 
not  lift  the  cloud  of  sorrow  which  gathered  on  the  heights  of  Mount  McGregor 
around  the  form  of  the  dying  chieftain.  General  Grant,  Would  you  become  a 
mercantile  prince?  Ninety-five  of  every  hundred  is  the  percentage  of  unsuc- 
cessful merchants.  Would  you  master  the  sciences?  Sir  Isaac  Newton,  with  his 
gigantic  intellect,  confessed  at  fourscore  that  he  had  picked  up  only  a  few  peb- 
bles on  the  shore  of  the  ocean.  Is  it  literary  reputation  that  you  wish  for?  How 
many  authors  have  appeared  the  world  over,  in  the  last  forty  years  whose  works 
Viill  be  read  forty  years  hence?    I  doubt  if  there  be  five. 

"  'Would  you  achieve  greatness  in  the  field  of  historical  research  and  specu- 
lation? Only  twenty-five  years  ago  the  world  hailed  Buckle  as  the  rising  star 
in  that  domain,  and  I  recall  an  afternoon  I  once  passed  with  General  Frank 
Blair,  he  many  years  my  senior,  but  finding  a  common  tie  in  our  admiration  for 
the  great  Buckle;  and  I  shall  not  forget  the  eloquence  of  that  gifted  man  as  he 
praised  Buckle,  while  I  gave  warm  assent.  Within  five  years  from  that  conver- 
sation the  best  thinkers  had  discarded  Buckle's  theories  and  repudiated  Buckle's 
conclusions.  Would  you  found  a  school  of  philosophy?  No  English  philoso- 
pher in  the  last  two  centuries  has  so  great  a  number  of  followers  as  Herbert 
Spencer,  and  yet  Spencer's  influence  upon  educated  thinkers  is  waning  to-day, 
and  some  of  his  books  are  going  now  to  the  top  shelf.  Is  domestic  happiness, 
a  noble  wife,  happy  children,  and  a  glowing  fireside,  your  highest  aim?  So  be 
it!  for  that  is  indeed  the  very  sublime  of  human  life!  But  think  of  a  family  circle 
with  no  hope  of  a  life  beyond,  and  many  a  grass-covered  mound  between  the 
cradle  and  the  grandsirc,  and  not  an  hour's  ride  from  the  threshold  to  '.he  ceme- 
tery out  there  beneath  the  trees. 

■'  'Turn  then  where  you  will,  look  up  and  down  every  avenue,  view  life  in  all 
its  varying  phases,  and  there  can  be  but  one  solemn  conclusion — if  there  is  no 
lite  beyond  the  grave,  man  is  an  abject  failure.  A  failure!  Can  that  bo?  No! 
No!  Man  standing  at  the  summit,  the  heir  of  all  the  ages,  destined  to  ultimate 
dominion  over  the  whole  earth,  the  master  of  steam  and  electricity,  the  auto- 
crat of  earth  and  sea,  and  compelling  even  the  stars  to  yield  their  secrets  to  his 
spectrum  analysis;  man,  walking  to  and  fro  in  the  corridors  of  the  universe. 
naming  and  weighing  the  planets,  and  telling  when  and  where  the  wandering 


464  THE  BENCH  AND  BAR  OF  ILLINOIS. 

comet  shall  reappear;  man,  endowed  with  such  wonderful  powers  as  these,  and 
endowed,  too,  with  a  heart  that  can  love  and  love  forever — no!  The  Almighty 
has  not  written  the  word  failure  on  the  forehead  of  such  a  being  as  that,  and, 
somehow  and  somewhere,  man  must  and  will  push  up  and  on  in  a  career  worthy 
of  a  creature  thus  made  in  the  very  image  of  the  Infinite  One  himself.'  " 

J.  William  Lloyd  was  a  cousin  of  Wendling;  was  for  many  years  a  clerk 
of  the  circuit  and  county  court,  and  studied  law  and  made  a  set  of  abstracts  of 
title.  He  made  a  success  of  his  business,  but  died  in  his  prime,  leaving  a  widow 
and  also  one  son  and  one  daughter,  both  of  whom  have  followed  him  over  the 
great  divide.  His  wife  was  Mary  Kelley,  daughter  of  Chatten  Kelley,  at  one 
time  mayor  of  Shelbyville. 

William  C.  Kelley,  a  son  of  Chatten  Kelley,  was  educated  in  Kentucky, 
studied  law  here,  and  was  admitted  to  practice.  He  has  been  state's  attorney 
of  the  county  and  was  an  efficient,  honest  officer  and  an  able,  careful  lawyer. 
He  was  a  great  reader  and  an  all-around  good  citizen.  He  is  now  a  law  partner 
of  H.  J.  Hamlin,  before  forming  which  association  he  was  for  many  years  a 
partner  in  the  firm  of  Kelley  &  Ragan.  He  is  highly  esteemed  and  at  one  time 
was  the  bar  candidate  for  circuit  judge. 

Hon.  W.  C.  Headen  is  another  lawyer,  native  of  the  town.  As  mentioned 
elsewhere  he  was  the  ward  of  Hon.  S.  W.  Moulton,  his  present  senior  partner. 
Mr.  Headen  is  a  born  politician,  has  twice  served  his  district  in  the  legislature, 
and  has  won  credit  for  his  fairness  and  ability  in  legislative  work.  He  has  been 
city  attorney  on  several  occasions  and  member  of  the  school  board.  He  is  an 
able  and  laborious  lawyer,  a  good  citizen,  a  member  of  the  Baptist  church,  a 
good  talker  on  the  platform  or  before  a  jury. 

He  has  a  beautiful  home,  graced  by  a  sweet  family.  His  wife  was  Virginia 
Barrett.  He  has  one  son,  who  is  in  the  Illinois  State  University,  and  one 
daughter,  at  home. 

In  1864  two  young  men  from  Potsdam,  New  York,  came  west  to  grow  up 
with  the  country,  and  spent  a  few  years  teaching  school.  They  finally  studied 
law,  Truman  E.  Ames  taking  a  course  at  Ann  Arbor  and  then  locating  in  Wind- 
sor, Shelby  county,  and  later  moving  to  Shelbyville,  Illinois.  At  the  death  of 
Judge  Hess  he  was  elected  judge  and  was  later  re-elected.  Before  his  last  term 
expired  he  was  elected  circuit  judge  for  this  district.  He  is  the  only  circuit  judge 
Shelby  county  can  boast  of  ever  having.    The  Taylorville  Democrat  says  of  him: 

Judge  Truman  E.  Ames,  of  Shelbyville,  arrived  here  Monday  morning 
and  opened  up  the  March  term  of  the  Christian  county  circuit  court.  Judge 
Ames  is  the  last  one  of  the  three  new  judges,  elected  last  June,  to  hold  court  in 
Taylorville.  Judge  Dwight  was  the  first  and  Judge  Farmer  was  the  second. 
Judge  Ames  took  hold  of  the  business  like  an  old  hand. 

Judge  Ames  is  a  native  of  New  York  state,  where  he  was  born  in  the  year 
1850,  and  consequently  is  in  his  forty-eighth  year.  He  was  born  and  raised  on  a 
farm,  and  his  early  life  was  not  much  different  from  that  of  the  usual  farmer's 
boy.  He  was  gifted  with  a  strong  mind,  and  it  manifested  itself  in  a  desire  for  a 
good  education.     After  attending  a  country  school  for  a  few  years,  he  attended 


THE  BENCH  AND  BAR  OF  ILLINOIS.  465 

an  academy  with  the  intention  of  fitting  himself  for  teaching.  He  no  sooner 
became  a  teacher  than  his  fertile  mind  led  him  to  aspire  to  still  greater  mental 
activity,  and  he  managed  to  secure  a  course  through  the  New  York  State  Nor- 
mal University.,  He  then  determined  to  follow  the  star  of  empire  westward, 
and  in  1872  located  at  Windsor,  Shelby  county,  Illinois,  where  he  was  principal 
of  the  public  school  for  two  years.  During  his  leisure  hours  he  studied  law,  and 
graduated  from  the  law  department  of  the  University  of  Michigan  in  1877.  He 
began  the  practice  of  law  at  Windsor,  where  his  ability  won  for  him  a  large 
clientage,  but  he  needed  a  broader  field  for  his  talents,  and  in  1880  he  located 
at  Shelbyville,  Illinois.  Though  a  Democrat,  he  was  appointed  city  attorney  by 
a  Republican  mayor,  and  conserved  the  interests  of  the  city  with  remarkable 
ability.  He  was  thrice  elected  county  judge  of  Shelby  county,  and  was  holding 
that  office  for  the  third  time  when  he  was  elected  judge  of  this  circuit.  Socially 
he  is  one  of  the  finest  gentlemen  anywhere,  and  his  decisions  show  that  he  is 
well  learned  in  the  law.  He  has  made  an  excellent  impression  on  bar  and  spec- 
tators, and  shows  a  conscientious  disposition  to  do  what  is  right. 

The  other  New  York  boy  is  Howland  J.  Hamlin,  of  the  firm  of  Hamlin 
&  Kelley.  He  has  been  in  the  firms  of  Thornton,  Wendling  &  Hamlin  and 
Wendling  &  Hamlin.  Mr.  Hamlin  is  a  fine  lawyer,  keen,  alert,  full  of  resources, 
and  a  close  student.  His  successes  have  not  been  confined  to  Shelby  county; 
he  has  had  experience  with  the  best  talent  of  the  state,  in  Chicago,  Champaign, 
Charleston,  Sullivan,  Springfield  and  elsewhere.  His  fort  is  talking  to  a  jury, 
but  he  does  not  depend  on  that  and  leave  other  essentials  undone. 

He  has  been  in  close  contact  with  the  railroad  and  warehouse  commission 
of  the  state,  as  adviser,  and  concerned  in  much  of  the  important  business  coming 
before  that  body.  He  has  also  assisted  in  shaping  and  controUing  legislation, 
having  been  employed  by  several  of  the  great  department  stores  to  aid  them  in 
conserving  their  rights.  He  lives  on  North  Broadway,  in  a  beautiful  house  pre- 
sided over  by  his  wife  and  daughter.  Mrs.  Hamlin  is  a  lady  highly  esteemed  by 
all  who  know  her  and  is  devoted  to  her  husband  and  her  home.  His  daughter, 
Agnes,  is  a  lovely  girl  with  a  magnificent  voice,  and  is  now  at  school  in  Wash- 
ington,    Mrs.  Hamlin  is  a  daughter  of  Dr.  York,  of  Windsor. 

William  Townsend  made  his  advent  in  Shelbyville,  in  1883,  but  had  been 
in  Stewardson  some  years.  He  was  born  in  Toronto,  Canada,  in  July,  1849,  and 
studied  law  with  Albert  Green,  of  Sullivan.  The  Democrats  of  Shelby  county 
elected  him  state's  attorney  one  term,  and  he  has  been  master  in  chancery  one 
term,  both  of  which  offices  he  filled  with  credit.  Townsend  is  a  humorist  and 
a  voracious  reader  of  fiction  and  poetry,  and  is  a  fine  critic  in  these  lines.  He 
sees  the  mirth  in  what  he  reads,  and  often  commits  it  to  memory  and  gives  it 
to  his  friends. 

His  business  has  never  been  pressing,  and  others,  not  as  good  lawyers,  get 
more,  mainly  because  he  is  an  independent  thinker  and  says  what  he  thinks,  and 
committed  the  crhne  of  being  for  sound  money  in  a  county  where  nine-tenths  of 
the  Democrats  were  rabid  with  the  virus  of  free  silver.  He  has  turned  his  talent 
into  the   lecture  field,  and  now  delivers  in  a  most  unique  style  a  temperance 


466  THE  BENCH  AND  BAR  OF  ILLINOIS. 

lecture,  the  like  of  which  has  not  been  heard  before,  entitled  "Smiles  and  Tears 
at  the  Shrine  of  Bacchus." 

Theodore  F.  Dove  was  for  several  years  principal  of  the  high  school  of 
Shelby ville.  He  was  educated  at  Delaware,  Ohio;  is  of  German  stock,  stout  and 
short.  He  was  associated  with  W.  J.  Henry  for  several  years,  and  got  a  good 
financial  start  out  of  some  bankrupt  cases.  He  is  a  hustler  outside  of  the  legal 
profession,  and  never  hesitates  about  making  a  trade  in  lands  or  commercial 
paper,  and  will  trust  anybody  who  will  give  a  judgment  note,  with,  or  without 
a  chattel  mortgage.  It  is  not  unusual  for  him  to  feed  two  or  three  hundred 
cattle  and  hogs,  and  yet,  with  all  this  outside  business,  he  is  never  away  from 
his  office  a  half  day  at  a  time.  He  is  a  success  on  foreclosures,  and  partition 
suits,  settling  estates  and  judgment  notes,  and  is  credited  with  making  more 
money  than  any  other  two  lawyers. 

He  married  a  daughter  of  Dr.  Clark,  of  Ohio,  and  has  tw^o  fine  boys,  one 
at  home  and  one  in  Delaware.  He  has  a  spacious  house  on  Main  street,  and 
until  the  death  of  his  wife,  two  years  since,  no  home  was  more  pleasant  or  more 
hospitable.  He  was  a  liberal  entertainer,  and  more  than  one  bishop  of  the 
Methodist  Episcopal  church  has  spread  his  legs  under  Dove's  mahogany. 

He  is  a  "fluted  pillar"  in  the  Methodist  Episcopal  church,  w^th  a  coin  capi- 
tal, and  as  the  church  never  takes  money  without  adequate  compensation,  it 
stands  by  him.  He  is  a  genial,  jolly  pushing  business  man,  believing  in  all 
important  law^  matters.  He  can  hire  a  good  lawyer  to  help  him  cheaper  than  he 
<!an  spend  the  time  to  learn  it.  He  owns  farm  after  farm,  and,  curiously  enough 
to  others  not  so  successful,  he  makes  them  pay.  He  mixes  brains  with  his  fann- 
ing, as  with  his  other  business. 

William  Baum  studied  law  and  was  admitted,  but  he  at  one  time  moved  to 
St.  Louis,  and  at  another  to  Milwaukee.  He  is  a  trader  and  money-lender,  and 
gives  the  latter  more  attention  than  he  does  his  legal  business,  and  makes  a  suc- 
cess of  it. 

W.  O.  Wallace  is  state's  attorney  and  is  serving  his  second  term:  he  took 
a  degree  at  Ann  Arbor.  He  was  brought  up  in  the  eastern  part  of  Shelby 
county  on  a  farm;  he  was  at  one  time  a  partner  of  Mr.  Thornton.  He  married 
the  daughter  of  George  Bolinger,  a  merchant  of  Shelbyville.  Mr.  Wallace  is 
somewhat  of  a  commercial  gentleman.  He  has  remarkable  success  in  getting 
parties  charged  by  the  grand  jury  to  plead  guilty. 

One  of  the  latest  additions  to  Shelby  county  bar  is  J.  K.  P.  Grider,  who  was 
raised  in  Windsor  on  a  farm.  He  is  a  patient,  persistent  young  man  and  stays 
with  a  case  for  all  there  is  in  it,  and  will  make  a  very  good  and  safe  lawyer. 

Thomas  Righter,  until  two  years  since  a  teacher  in  Stewardson,  is  now  an 
active  member  of  the  bar.  He  is  big  and  good-natured  and  flounders  some- 
what, but  gets  hold  of  a  fair  share  of  business. 

B.  F.  Wilson,  for  two  terms  the  police  magistrate  of  Shelbyville,  has  many 
of  the  natural  qualifications  of  an  excellent  lawyer,  his  reasoning  faculties  are 
first-class;    he   is  cool,   deliberate  and  impressive.     He  made  a  good  magis- 


THE  BENCH  AND  BAR  OF  ILLINOIS.  467 

trate  and  would  make  a  first-class  county  judge.    He  lacks  only  experience  to 
make  a  number-one  lawyer. 

Another  of  the  bar  who  was  raised  near  Windsor  is  Eben  A.  Richardson,  a 
son  of  George  A.  Richardson,  a  farmer,  preacher  and  justice  of  the  peace,  and 
one  of  the  pioneers  of  Sand  Creek.  "Twig,"  as  he  is  familiarly  called,  is  a  char- 
acter. His  early  education  was  neglected,  or  he  has  a  faculty  of  murdering  the 
good  English,  yet  he  has  such  strong  common  sense,  and  such  a  vigorous  way 
of  putting  it^  that  he  makes  court  or  jury  understand  exactly  what  he  means. 
He  also  knows  the  law  in  no  poor  way  and  reads  the  cases  in  our  reports 
with  as  clear  an  understanding  as  any  member  of  the  bar.  He  is  a  good  mixer 
with  all  the  sovereigns  that  come  from  the  river  hills,  or  the  landed  aristocrats 
that  drive  in  on  two  wheels  from  the  "black  stick."  He  is  on  familiar  terms  with 
all  and  can  bite  off  a  large  section  of  Lincoln  green,  and  get  on  the  good  side  of 
any  of  them.  His  judgment  about  a  juryman  and  what  he'll  decide  in  i  given 
case  is  as  good  as  anybody's.  He  is  master  in  chancery  and  makes  it  pay,  and 
his  findings  on  referred  cases  are  more  than  likely  to  stand  with  the  court.  He 
has  a  wife  and  baby  boy,  of  whom  he  is  justly  proud. 

Milton  Barbee  has  a  good  legal  mind,  but  has  been  school  superintendent 
for  two  terms,  and  the  duties  of  that  office  were  so  engrossing  that  he  permitted 
himself  to  grow  rusty  in  the  law.  He  illustrates  the  common  saying  that  the  law 
is  a  jealous  mistress  and  demands  exclusive  devotion  at  her  shrine.  This  is 
the  only  place  that  law  is  described  by  the  gentle  gender,  yet  justice  is  usually 
symbolized  as  a  blind  goddess,  holding  the  scales  in  one  hand,  an  even  balance, 
and  a  drawn  sword  to  execute  her  just  judgments.  Upon  school  law  and  in- 
surance Barbee  is  well  up,  and  if  he  will  apply  himself  to  faithful  study  can 
easily  take  a  good  rank  in  the  profession. 

One  of  the  latest  accessions  to  the  bar  is  William  H.  Chew,  now  a  partner 
of  Mr.  Chafee.  He  is  a  talented  young  man,  a  son  of  Hon.  William  Chew,  and 
nephew  of  Hon.  W.  C.  Headen.  He  has  every  reason  to  look  forward  to  a 
fhie  career.  He  has  a  natural  talent  for  speaking,  is  a  close  reasoner'  and  a 
clear  thinker,  is  willing  to  work  and  knows  how  to  prepare  and  present  a  case 
to  the  best  advantage. 

George  B.  Rhoads  is  another  new,  bright  young  lawyer.  He  studied  law 
in  the  office  of  Moulton,  Chafee  &  Headen,  and  was  admitted  to  practice  be- 
fore he  was  twenty-one  years  of  age.  He  graduated  from  the  city  school,  and 
passed  an  examination  as  pharmacist  before  he  was  eighteen  years  old.  His 
father  is  a  druggist,  so  that  the  boy  learned  pharmacy  from  necessity,  but  he  is 
^  born  student^  reads  Latin  and  French  with  ease  and  has  also  mastered  short- 
hand to  aid  him  in  his  profession.  He  is  a  walking  encyclopedia  and  is  past 
master  in  Bible  lore,  being  a  strict  believer  in  John  Calvin. 

These  side  issues  are  his  amusements,  but  for  real  delight  he  studies  law, 
and  runs  a  principle  from  Blackstone  down  to  the  last  of  volume  of  the  su- 
preme or  appellate  court,  and  when  he  has  gone  over  it  he  knows  it,  and  has 
no  stammering  hesitancy  in  telling  it  to  the  court.  He  has  tireless  industry, 
health,  youth  and  ambition,  and  lacks  only  opportunity  to  make  a  great  lawyer. 


468  THE  BENCH  AND  BAR  OF  ILLINOIS, 

On  the  bench,  if  he  ever  gets  there,  he  would  be  a  servant  of  the  people  that 
would  save  money  to  the  public  and  be  a  delight  to  an  intelligent  bar. 

William  H.  Ragan  is  at  present  county  judge,  succeeding  Judge  Ames  in 
that  office.  He  is  also  mayor  of  the  city,  and  until  the  last  election  was  on  the 
school  board.  He  was  the  son  of  a  poor  farmer  in  the  county,  and  has  made 
his  way  without  financial  aid.  He  supplemented  his  w^ork  on  the  farm  with 
school-teaching  until  he  became  a  lawyer.  He  lived  with  old  'Squire  Henry 
when  getting  his  education,  and  did  the  work,  in  doors  and  out,  night  and  morn- 
ing, and  when  his  morning  work  was  completed  he  literally  ran  to  school.  He 
is  an  easy  talker  and  has  talked  his  way  over  the  county  in  nearly  every  school- 
house,  and  the  admiring  Democracy  have  hung  upon  his  words  and  rewarded 
him  with  office.  He  was  for  several  years  partner  of  William  H.  Kelley  and 
recently  has  been,  associated  with  Judge  Thornton. 

Hon.  C.  R.  Torrence  was  born  and  reared  at  Cowden,  this  county.  His 
practice  has  never  been  great,  but  that  which  he  has  done  shows  care  and  ability. 
He  has  been  a  Republican  all  his  life,  was  elected  to  the  legislature  in  1896 
and  served  with  credit.  He  was  one  of  the  stanch  supporters  of  Hon.  William 
E.  Mason  for  the  United  States  senate.  He  is  a  candidate  for  re-election  to  the 
legislature  at  time  of  this  writing.  Mr.  Torrence  is  connected  with  the  Method- 
ist Episcopal  church,  owns  considerable  land,  has  a  fine  family  and  enjoys  the 
pleasures  of  home. 

William  H.  Craig  is  the  latest  addition  to  the  bar  of  Shelby  county.  He 
was  the  first  man  to  pass  the  examination  for  admission  to  the  bar  under  the 
new  rules,  and  was  the  only  man  out  of  a  class  of  seven  that  met  with  success. 
The  Chicago  Legal  News  and  other  legal  papers  made  extended  notice  of  this 
fact  at  the  time.  Mr.  Craig  has  been  engaged  for  several  years  in  the  abstract 
business  and  has  thus  far  not  engaged  in  the  active  practice  of  his  profession. 

ANECDOTAL   PARAGRAPHS. 

S.  W.  Moulton  enjoyed  the  reputation  of  being  a  very  bad  penman,  and 
many  who  were  unfamiliar  with  his  writing  could  make  poor  progress  in  trying 
to  read  it.  He  was  at  one  time  school  superintendent  in  this  county  and  issued, 
in  the  absence  of  printed  blanks,  which  were  not  common  in  those  days,  writ- 
ten certificates.  It  is  related  that  J.  William  Lloyd  once  captured  a  bug  or 
spider  and  after  dipping  it  in  ink  made  it  crawl  ov^er  a  sheet  of  paper  and  then 
took 'it  to  Moulton  to  read.  Moulton  looked  at  it  and  tried  hard  to  make  some 
sense  out  of  it.  Finally  he  said:  "Bill,  I  wrote  that,  but  Til  be  d — d  if  I  can 
read  it  now." 

Another  story  has  been  told,  but  it  is  doubtless  apocryphal.  He  was  very 
near-sighted,  yet  very  polite, — ^particularly  to  ladies.  Some  brother  member  of 
the  legislature  reported  of  him  that  he  and  Moulton  were  walking  out  one  even- 
ing after  session  to  get  fresh  air.  Springfield  then  was  only  a  village,  and 
the  town  cows  were  pastured  in  the  vacant  lots.  This  member  tells  that  when 
he  and  Moulton  came  up  to  one  of  these  gentle  creatures  in  their  path,  Moul- 


THE  BENCH  AND  BAR  OF  ILLINOIS.  469 

ton  touched  his  hat  and  said  "Good  evening,  madam,"  before  he  saw  it  was  a 
cow.  Coming  back,  a  little  later,  they  met  a  woman  near  the  same  place,  when 
Moulton  took  her  breath  away  by  saying:  "Get  out  of  the  way,  you  d — d 
old  rip,  I  spoke  to  you  once  to-night." 

The  wit  of  the  Irish  has  been  shown  under  all  circumstances,  and  Shelby- 
ville  has  illustrations  of  it.  Jerry  Sullivan  is  a  well  known  character  and  full 
of  wit  and  most  ready  to  try  it  on  any  body.  He  can't  read  at  all  and  was  and 
is  a  Democrat,  from  principle,  of  course.  When  H.  S.  Mouser  followed  Greeley 
into  the  Democratic  party  he  was  taken  up  by  the  party  and  nominated  for 
school  superintendent  of  the  county.  Some  time  afterward  a  Republican,  think- 
ing to  have  a  little  fun  with  Jerry,  asked  him:  "How  is  it,  Jerry,  jn  a  county 
where  the  Democrats  are  two  in  number  to  one  Republican,  your  party  takes 
up  the  first  renegade  that  goes  into  your  ranks  and  gives  him  office?"  Jerry 
said,  in  his  richest  brogue:  "In  the  ould  countree  when  a  strange  caat  cooms 
to  a  house  and  the  folks  want  to  keep  the  caat  they  always  grease  his  paas." 

Judge  Thornton  disliked  Henr}'  with  a  real  relish,  and  Henry's  pronuncia- 
tion of  his  name  always  made  him  wince.     Mr.  Henry  always  added  a  syllable 
and  made  it  Thornington.    Thornton  always  snorted  when  Henry  essayed  the 
use  of  any  of  the  law  Latin  common  in  the  books,  as  he  was  sure  to  break  all 
the  rules  of  accent  and  probably  mispronounce  every  word.    One  day  they  met  in 
a  justice  court  and  the  justice  of  the  peace  was  not  "learned  in  the  law."    The 
writer  was  an  interested  looker  on  to  learn  how  battles  were  fought  and  won. 
The  writer  had  the  closing  speech.     Henry  used  a  Latin  maxim  supposed  to 
apply  and  settle  everything,  and,  having  argued  all  the  points,  sat  down  after 
his  learned  peroration.     The  justice  of  the  peace  was  a  little  man,  seated  in  a 
"split-bottom"  chair.     Mr.   Thornton  commenced   to  rise  up  and  when  fully 
straight  towered  way  above  the  little  court,  and  with  his  long  finger  close  to  the 
court's  nose  he  began  in  his  most  profound  and  impressive  manner  to  talk  to 
the  court  in  all  the  law  Latin,  law  French  and  odd  lines  from  Homer  that  he 
could  remember,  never  smiling  or  letting  the  court  or  Henry  know  he  was  not 
in  dead  earnest.    For  fifteen  minutes  he  held  the  court  in  awe,  and  at  least  as- 
tonished the  rest  of  us.    He  sat  down,  and  the  courts  knowing  the  judge's  learn- 
ing, concluded  he  must  be  right,  and  decided  for  him. 

At  the  time  George  D.  Chafee  was  in  the  legislature  there  was  a  deter- 
mined effort  on  the  part  of  the  Democratic  minority  to  prevent  appropria- 
tions, or  reduce  them,  for  all  the  public  institutions, — particularly  the  Soldiers' 
Orphans'    Home,  at  Normal. 

Durfee,  of  Decatur,  was  selected  to  make  a  fight  upon  this,  and  Chafee 
was  to  champion  it.  When  the  motion  was  made  for  the  final  passage  of  the 
bill  Durfee  got  the  floor  and,  reading  several  extracts  from  some  part  of 
Gulliver's  Travels^  informed  the  Republicans  they  would  live  to  regret  their 
votes  to  squander  the  public  money,  and  after  stating  that  the*  war  had  been 
over  for  twenty-five  years,  he  asked  the  gentleman  from  Shelby  how  long  the 
Republicans    intended   to    vote   away    the   money   of  the   people   for   soldiers' 

orphans. 


470  THE  BENCH  AND  BAR  OF  ILLINOIS. 

After  briefly  going  over  the  situation  Chafee  answered  that,  "So  long  i& 
any  old  soldier  had  virility  enough  to  beget  a  child  the  Republican  party  pro- 
posed, in  gratitude  for  the  father's  patriotism,  to  take  care  of  and  educate  his 
child."  Then  saying  that  he,  too,  had  read  Gulliver,  he  continued  by  stating 
that  he  would  tell  the  gentleman  from  Macon  and  his  party  that  though  they 
used  the  same  engines  that  Gulliver  had  used  on  the  queen's  palace,  yet  they 
could  not  quench  the  fire  of  patriotism  or  wash  away  our  Republican  charitable 
and  benevolent  institutions, — their  engines  were  totally  inadequate. 


CHAPTER  XXVI. 

CONTEMPORARIES    OF    THE    CHICAGO    BAR. 

WILLIAM  H.  BARNUM.— The  leaders  in  the  history  of  the  world  are 
few,  the  followers  many.  It  is  the  rare  exception  when  one  steps  from 
the  beaten  paths  wherein  the  multitudes  walk  to  stand  far  in  advance 
and  point  the  way  to  greater  possibilities  and  higher  achievements.  This  is  as 
true  in  the  realm  of  thought  as  in  the  more  material  walks  of  life.  The  mind 
seems  loath  to  accept  a  new  truth,  an  unfamiliar  idea;  but  advancement  pre- 
sents an  ever-broadening  view,  and,  as  from  a  mountain  height,  the  individual 
looks  abroad  over  an  extended  landscape  which  in  its  entirety  presents  phases 
undreamed  of  when  only  seen  in  part.  Viewed  from  one  standpoint  only,  an 
incomplete  conception  is  gained  of  the  subject  under  consideration;  it  must  be 
seen  in  its  many-sided  aspects  if  a  true  idea  is  reached.  Especially  does  this 
apply  to  a  question  in  litigation.  Every  circumstance  that  may  have  direct  or 
indirect  bearing  upon  it  must  be  considered;  analysis  must  separate  it  into 
component  elements;  judgment  must  determine  the  relative  value,  and  place 
the  points  with  regard  to  principal  and  subordinate;  discernment  must  compute 
the  effect  of  the  arrangement;  and  rhetoric,  in  brief  or  argument,  must  present 
this  in  the  most  effective  way.  Many  lawyers  possess  one  or  more  of  these 
essentials,  but  it  is  the  possession  of  all  that  has  made  William  H.  Barnum  one  of 
the  leaders  in  **the  greatest  of  all  the  professions."  A  distinguished  jurist^  he 
stands  in  advance  of  the  majority,  and  so  prominent  and  well  versed  is  he  in  the 
law  that  many  important  questions  with  which  he  has  been  connected  have  set- 
tled the  law  of  the  state,  based  upon  his  arguments. 

This  well  known  member  of  the  Chicago  bar  was  born  in  Onondaga  county. 
New  York,  February  15,  1840,  but  when  a  child  of  two  years  became  a  resident 
of  Illinois,  his  parents  locating  in  Belleville,  St.  Clair  county,  in  1842.  His  ele- 
mentary education  was  obtained  in  private  schools  and  at  the  age  of  sixteen  he 
became  a  student  in  the  State  Normal  School  in  Ypsilanti,  Michigan,  where  he 
remained  for  two  and  a  half  years,  interrupted,  however,  at  intervals  by  his 
teaching  in  the  schools  of  Belleville.  As  a  sophomore  he  entered  the  University 
of  Michigan,  at  Ann  Arbor,  in  the  fall  of  1858,  and  though  compelled  to  relin- 
quish his  course  in  the  junior  year  he  was,  many  years  ago,  made  the  recipient 
of  an  honorary  degree  from  that  institution.  On  leaving  Michigan  he  resumed 
teaching  in  Belleville,  keeping  up  his  classical,  literary  and  historical  studies 
under  competent  instructors  in  Latin,  Greek  and  German.  His  systematic  prep- 
aration for  the  bar  was  begun  in  i860,  when  he  became  a  student  in  the  law 
office  of  Hon.  George  Trumbull,  of  Belleville.  At  that  time  the  bar  of  Belleville 
numbered  among  its  members  some  of  the  most  distinguished  men  of  the  state 

471 


472  THE  BENCH  AND  BAR  OF  ILLINOIS. 

and  nation,  a  (act  which  naturally  fired  the  ambition  of  the  youthful  student. 
Admitted  to  the  bar  in  1862,  he  be<jan  practice  in  Chester,  Randolph  county, 
Illinois,  and  practiced  for  the  five  ensuing  yeats  in  that  circuit,  comprising  live 
counties.  He  followed  his  cases  to  the  supreme  court.  During  three  of  his  five 
years'  residence  in  Chester  he  served,  by  appointment,  as  master  in  chancery. 
His  clientage  rapidly  increased,  but,  being  eager  (or  a  wider  field,  in  the  fall 
of  1867  he  came  to  Chicago  on  the  invitation  of  Lawrence  J,  J.  Xissen,  with 
whom  he  formed  a  partnership,  which  lasted  about  eleven  years.  During  this 
time  he  attended  almost  exclusively  to  the  court  practice  of  the  firm  and  acquired 
considerable  distinction  as  a  trial  lawyer,  as  well  as  for  his  legal  arguments  and 
briefs  in  the  supreme  court.  For  little  more  than  a  year  George  F.  Harding 
was  associated  as  a  member  of  the  firm.  Upon  the  dissolution  of  the  partnership 
Judge  Barnuni  and  Cornelius  Van  Schaack  became  co-partners,  and  that  connec- 
tion continued  until  Judge  Barnum's  elevation  to  the  bench  of  the  circuit  court 
of  Cook  county  in  the  sunmicr  of  1879. 

As  a  jurist  he  has  ever  evinced  a  broad  knowledge  of  law  and  equity  juris- 
prudence, a  conscientious  regard  for  the  rights  of  ail  classes  of  litigants,  and 
excellent  capacity  for  research  and  investigation.  By  arrangement  with  his 
colleagues  he  occupied  the  chancery  bench  for  three  years,  and  during  that  time 
disposed  of  a  large  amount  of  business.  There  were  on  the  docket  a  large  num- 
ber of  cases  and  motions  in  arrears  from  former  years,  and  many  of  them  ver>' 
difficult  ones.  The  bar  generally  appreciated  and  commended  the  facility  as  well 
as  the  thoroughness  with  which  the  work  went  forward  in  Judge  Barnum's 
hands.  By  means  of  general  calls,  expeditious  disposal  of  business  and  in- 
variably speedy  decisions  of  causes  and  motions,  his  chancery  calendar  was 
reduced  to  comparatively  small  and  quite  manageable  proportions,  when,  in  Sep- 
tember, 1882,  it  was  turned  over  to  his  successor.  Judge  Barnum  then  took  up 
a  common-law  docket  pursuant  to  the  arrangement  mentioned,  not  because  oi 
any  preference  for  it  but  from  a  desire  lo  keep  abreast  with  the  bar  and  with  the 
progress  of  the  legal  questions  through  the  courts.  He  held  terms  of  the  crim- 
inal court  also  and  presided  there  at  many  important  trials.  In  the  course  of 
his  judicial  duties  in  the  several  departments  mentioned  he  was  called  upon  to 
decide  causes  of  great  magnitude,  of  public  and  private  concern,  and  questions 
of  unusual  difficulty  and  delicacy.  His  decrees  and  judgments  were  almost  uni- 
forndy  affirmed,  tor  he  was  strictly  fair  and  impartial,  no  matter  what  the  public 
sentiment  or  who  were  the  parties  engaged  in  the  controversy.  He  resigned 
December  i,  18S4,  near  the  close  of  his  six-years  term,  declining  to  accept 
another  nomination,  when  such  a  nomination,  indeed,  would  have  been  equiva- 
lent to  an  election,  llis  course  on  the  bench  was  absolutely  Tearless,  just  and 
above  reproach. 

It  was  Judge  Barmmrs  desire,  however,  to  resume  the  private  practice  of 
law,  and  he  became  the  senior  member  of  the  law  firm  of  Barnum.  Rubens  & 
Ames,  and  in  this  relation  his  success  was  marked  and  immediate.  This  con- 
nection was  continued  '" '' ■'  ~  '""" ...1...-  i-.i —  -d :.i..a, 

in  order  to  associate  w 


THE  BENCH  AND  BAR  OF  ILLINOIS.  473 

returned  from  Yale  College  and  been  admitted  to  the  bar;  and  they  are  still 
associated  in  practice.  The  Judge  seems  equally  versed  in  every  department  of 
jurisprudence,  and  in  all  occupies  a  commanding  position,  which  excites  the 
admiration  of  the  entire  profession.  He  is  essentially  a  natural  lawyer,  and  his 
strong  mental  endowments  and  acquired  ability  have  gained  him  a  foremost 
place  in  the  ranks  of  those  who  devote  their  energies  to  the  calling.  With  a 
power  for  concentration,  a  capacity  for  details,  and  a  comprehension  of  view,  he 
unites  a  will  for  application  that  knows  no  diversion  from  its  purpose  and  no 
hesitation  before  accomplishment. 

It  would  be  difficult  to  find  a  lawyer  of  his  age  in  the  state  who  has  tried 
more  causes  and  written  more  briefs  and  arguments  than  Judge  Barnum,  or 
withal  met  with  more  uniform  success;  and  some  idea  of  the  great  extent, 
variety  and  importance  of  his  legal  business  may  be  gained  from  the  following 
record  illustrative  of  the  cases  he  has  tried  in  the  state  and  federal  courts. 
Scarcely  had  he  taken  up  his  residence  in  Chicago,  in  1867,  when  he  became 
connected  with  the  famous  Uhlich  will  case,  which  involved  land  and  buildings 
then  worth  a  million  and  a  half  dollars.  Fifteen  months  were  devoted  by  Judge 
Barnum  to  the  preparation  and  trial  of  the  case,  and  the  record  covered  twelve 
hundred  and  fifty  large  printed  pages.  The  supreme  judges  were  nearly  equally 
divided  as  to  its  decision,  which  was  delayed  some  three  years.  The  final  decision 
is  reported  in  Illinois  Reports,  volume  61,  page  499.  Judge  Barnum's  briefs 
in  this  case  were  in  general  demand  among  his  fellow  lawyers  and  gave  him  at 
once  a  commanding  position  at  the  Chicago  bar. 

A  case  of  almost  equal  celebrity  at  the  time,  in  wdiich  Judge  Barnum  ren- 
dered his  services  gratuitously,  was  that  of  a  little  boy,  Daniel  O 'Council.  It 
was  a  habeas-corpus  case  before  the  supreme  court  in  1870.  The  result  of  his 
efforts  was  not  only  the  liberation  of  the  boy  but  the  breaking  up  of  the  old 
Reform  School  outrage,  through  the^able  and  eloquent  decision  rendered  by 
Justice  Thornton,  reported  in  55  Illinois  Reports,  280.  In  that  case  it  was  held 
that  the  state,  as  parens  patriae,  could  not  exceed  the  power  of  the  natural  parent 
except  in  punishing  crime.  It  was  said,  'Tf  a  father  confined  or  imprisoned  his 
child  for  one  year  a  magistrate  of  the  law  w-ould  frown  upon  the  unnatural  act, 
and  every  tender  mother  and  kind  father  would  rise  up  in  arms  against  such 
monstrous  inhumanity.  If,  without  crime,  without  the  conviction  of  any  offense, 
the  children  of  the  state  are  to  be  thus  confined  for  the  good  of  society,  then 
society  had  better  be  reduced  to  its  original  elements  and  free  government 
acknowledged  a  failure." 

An  absolutely  novel  question  of  the  utmost  importance  arose  in  the  equally 
celebrated  case  of  Hughes  vs.  Washington,  reported  in  Illinois  Reports,  volume 
65,  page  245.  Judge  Barnum  wrote  the  briefs  for  the  successful  party  in  the  case, 
but  for  reasons  personal  to  himself  and  his  client  consented  that  his  name  should 
not  appear.  His  success  enabled  Mr.  Hughes  ultimately  to  recover  a  large  part 
of  the  lands  involved,  as  will  appear  in  lUinois  Reports,  volume  72,  page  84. 
Prior  to  the  employment  of  Judge  Barnum  the  case  had  been  decided  against 
Hughes  just  before  the  conflagration  of  187 1,  which  destroyed  all  the  volumi- 


474  THE  BENCH  AND  BAR  OF  ILLINOIS. 

nous  records,  pleadings  and  proofs,  but  the  decree  had  not  been  signed  or  filed. 
The  pleadings  having  been  afterward  supplied,  the  defendants  asked  a  postpone- 
ment of  the  entry  of  the  final  decree  until  they  could  restore  the  evidence  upon 
which  it  was  based.  This  was  denied,  and  the  chancellor  rendered  a  final  decree 
against  the  defendants  from  his  recollection  of  the  destroyed  evidence.  This  was 
held  to  be  error  and  the  cause  was  reversed  accordingly.  It  was  held  that  the 
court,  before  passing  the  decree,  should  have  allowed  a  reasonable  time  for  the 
defendants  to  restore  the  evidence,  as  that  was  the  only  means  by  which  the 
defendants  could  make  their  right  of  appeal  availing.  Here  it  will  be  seen 
another  great  constitutional  right,  the  right  of  appeal  and  to  make  the  appeal 
available,  was  established  through  Judge  Barnum's  efforts.  It  is  a  right  as 
invaluable  as  that  vindicated  in  the  foregoing  case  of  Daniel  O'Connell.  The 
lands  involved  were  known  as  the  ** Kingsbury''  and  ** Webster"  tracts,  which 
Value  exceeded  half  a  million  dollars.  The  descendants  of  the  Confederate  .offi- 
cer. Colonel  Washington,  a  grand-nephew  of  George  Washington,  were  parties 
to  the  suit. 

Time  and  space  would  not  permit  any  extended  notice  of  the  celebrated  Tur- 
ner-Hill land  litigation,  which  was  conducted  by  Judge  Bamum  through  nearly 
all  the  civil  and  criminal  courts  of  Cook  county,  and  the  United  States  circuit 
court  through  a  series  of  years  from  and  after  the  year  1875.  Several  other 
important  suits  relating  to  the  same  lands  had  previously  been  conducted  by 
Judge  Barnum  to  a  successful  close,  when,  late  in  December,  1875,  deeds  dated 
in  1836  and  1842  for  the  first  time  appeared  of  record,  and  on  the  same  day  and 
shortly  afterward  some  fifty  or  more  ejectment  suits  for  the  land  were  brought 
in  the  United  States  circuit  court  in  Chicago.  Judge  Barnum  conducted  the 
defense  of  all  these  cases  and  after  some  months  of  preparation  and  the  taking  of 
innumerable  depositions  succeeded  in  satisfying  the  court  and  jury,  after  a  six- 
weeks  trial,  at  which  an  army  of  witnesses  testified,  that  the  deeds  were  for- 
geries. 

The  case  was  full  of  dramatic  incidents.  For  months,  and  even  years,  public 
attention  was  riveted  upon  it,  and  upon  the  prosecutions  for  the  forgeries  in  the 
criminal  court.  The  newspapers  teemed  with  daily  accounts  of  all  the  incidents 
of  all  the  several  trials,  the  addresses  of  the  counsel  and  the  charges  of  the  courts. 
Never  before  or  since  has  there  been  any  such  remarkable  litigation  in  Chicago 
or  in  the  west.  Judge  Barnum's  already  great  reputation  was  heightened  to 
almost  national  proportions  by  his  management  of  these  great  and  difficult  cases 
against  such  lawyers  of  national  reputation  as  Emery  A.  Storrs,  Leonard  Swett, 
Orestes  Browning  and  others  of  almost  equal  fame.  Nothing  less  than  a  volume 
would  suffice  to  delineate  the  striking  incidents,  circumstances  and  episodes  of 
the  trials,  and  the  intricate  and  knotty  questions  of  law  which  were  stubbornly 
fought  over,  inch  by  inch,  from  the  beginning  to  the  end  of  the  litigation.  A 
friend  of  the  Judge's,  on  congratulating  him  upon  his  victory,  well  remarked 
that  such  a  case  was  in  itself  a  liberal  education.  The  cases  bristled  with  almost 
all  conceivable  questions  of  real-estate  and  criminal  law,  and  particularly  the  law 
of  evidence.     The  forged  titles  were  completely  routed.     The  career  of  forgers 


THE  BENCH  AND  BAR  OF  ILLINOIS.  475 

and  their  forgeries,  which  had  bid  fair  to  become  an  extensive  one  in  this  county, 
was  cut  short.  The  owners  of  real  estate  lying  near  Chicago,  many  of  whom  had 
been  or  were  about  to  be  victimized,  breathed  freer.  The  clouds  were  lifted  from 
the  possessions  of  the  South  Park  commissioners,  and  many  other  property 
owners,  upon  whom  the  land  pirates  had  commenced  their  operations.  In  the 
press  and  in  many  private  letters  of  congratulation  Judge  Barnum  was  declared 
to  be  a  public  benefactor  and  to  have  earned  the  good  will,  not  only  of  this  com- 
munity, but  of  many  others  throughout  this  state,  and  four  or  five  other  states 
to  which  the  piracies  had  extended.  Nothing  more  memorable  and  commend- 
able than  the  results  of  this  fight  was  ever  accomplished  by  any  lawyer  in  the 
state  of  Illinois. 

Questions  of  incalculable  importance  under  the  eminent  domain  laws  of  the 
state  were  settled  for  the  first  time  in  the  city  of  Chicago  against  Barbien, — Illi- 
nois Reports,  volume  80,  page  482 — w^hich  has  ever  since  been  followed  as  a 
leading  precedent.  This  was  a  mandamus  case  growing  out  of  the  condemna- 
tion of  property  for  the  widening  of  North  State  street  in  Chicago.  The  decision 
arrived  at  was  in  conflict  with  the  conclusions  of  courts  of  last  resorts  in  several 
other  states  and  was  welcomed  as  a  godsend  by  the  then  impoverished  city 
administration  of  Chicago,  with  which  the  supreme  court  evidently  sympathized 
not  a  little. 

Judge  Barnum  achieved  a  signal  success  in  the  great  real-estate  case  of 
Home  versus  Ingraham,  m  w^hich  he  appeared  in  the  court  below  and  wrote 
the  briefs  in  the  supreme  court  for  William  S.  Ingraham.  This  case  will  ever 
remain  a  leading  authority  on  the  subject  of  partnerships  in  real-estate  invest- 
ments. An  enormous  tract  of  Chicago  land  of  immense  value  was  involved. 
The  case  is  reported  in  Illinois  Reports,  volume  125,  page  198. 

The  case  of  Tierney  vs.  the  Laflin-Rand  Powder  Company  involved  the 
liability  of  that  -company  for  the  consequences  of  an  explosion  of  its  powder 
house,  resulting  from  a  stroke  of  lightning.  Both  the  appellate  and  supreme 
courts  found  the  case  a  difficult  one  to  decide.  Two  conflicting  opinions  were 
WTitten  by  the  latter  court,  the  last  of  which,  on  a  rehearing,  was  in  favor  of 
Judge  Barnum's  client,  Mrs.  Tierney,  whose  house,  about  a  half  mile  distant 
from  the  powder  house,  was  destroyed  by  the  explosion.  The  case  is  reported 
in  Illinois  Reports,  volume  131,  page  322. 

The  firm  of  Barnum,  Rubens  &  Ames  argued  and  presented  to  the  supreme 
court,  in  Dennehy  versus  City  of  Chicago,  what  is  known  as  the  Wholesale 
Liquor  Dealers'  License  cases,  involving  the  question  whether  the  licenses  im- 
posed were  or  were  not  a  tax,  and  whether  the  city  had  or  had  not  the  power 
to  impose  it.  This  case  was  ably  argued  on  both  sides.  The  decision  was  in 
favor  of  the  city, — Illinois  Reports,  volume  120,  page  627.  One  of  the  learned 
justices  dissented.  The  law  on  the  subject  was  thoroughly  reviewed  and  clari- 
fied; and  from  a  legal  standpoint  the  decision  has  been  regarded  as  reducing  the 
law  on  the  subject  to  a  state  of  stability. 

The  case  of  Hill  versus  Harding  et  al.  illustrates  the  tenacity  of  purpose 
and  conviction  with  which  Judge  Barnum  clings  to  his  views  of  the  right  and 


476  THE  BENCH  AND  BAR  OF  ILLINOIS. 

justice  of  his  case.  This  litigation  lasted  altogether  thirteen  years,  and  ended  in 
his  favor.  It  went  through  every  court  of  Illinois  three  times  and  twice  to  the 
supreme  court  of  the  United  States.  It  is  reported  in  Illinois  Reports,  volume 
83,  page  77\  and  volume  116,  page  197;  United  States  Reports,  volume  107, 
page  631;  and  volume  130,  page  699.  Most  delicate  and  perplexing  questions 
of  attachment  and  bankruptcy  law  were  argued  and  settled  forever,  to  the  great 
advantage  of  the  profession  and  the  public  in  all  subsequent  and  future  cases. 

The  case  of  Brown  versus  Luehrs  affords  a  scarcely  less  striking  instance 
of  continuity  of  purpose  and  persistent  fighting  to  a  successful  termination.  This 
case  likewise  went  twice  through  the  courts  of  law  and  chancery  of  this  state  to 
the  supreme  court.  It  illustrates  the  doctrines  upon  which  courts  of  chancery 
will  and  will  not  grant  new  trials  at  law.  It  is  reported  in  Illinois  Reports,  vol- 
ume 79,  page  575;  and  volume  95,  page  195;  and  Illinois  Appellate  Reports, 
volume  74. 

A  most  interesting  and  instructive  case  turning  on  forged  judgment  notes, 
judgment  thereon,  sales  thereunder,  homestead  laws  and  jurisdiction,  was  that 
of  Hullen  versus  Dawson,  reported  in  Illinois  Reports,  volume  139,  page  633. 

Ames  versus  Moir  elucidated  and  settled  the  question  what  is  "a  debt," 
"created  by  the  fraud  of  a  bankrupt,"  within  the  meaning  of  the  bankrupt  act. 
Judge  Barnum  was  associated  with  John  G.  Reid  in  presenting  this  case  to  the 
state  and  federal  supreme  courts, — Illinois  Reports,  volume  130,  page  582;  and 
United  States  Reports,  volume  138,  page  306. 

In  the  Butler  Paper  Company  versus  Jeffrey,  Judge  Barnum  scored  a  signal 
triumph  in  an  important  case, — Illinois  Appellate  Reports^  volume  37,  page  96, 
and  Illinois  Reports,  volume  151,  page  588. 

Shearer  versus  Pacific  Express  Company,  involving  the  liability  of  express 
companies  as  common  carriers  and  the  consequences  of  mis-deliver}'  of  a  pack- 
age of  money  to  an  impostor,  has  had  many  vicissitudes  in  the*  trial  courts,  the 
appellate  court  and  the  supreme  court;  first  lost  in  the  circuit  court,  then  won 
in  the  appellate  court, — Illinois  Appellate  Reports,  volume  42,  page  641 ;  won 
again  in  the  circuit  and  appellate  courts,  then  lost  in  the  supreme  court,  then 
won  on  a  rehearing  where  the  first  opinion  was  against  the  consignor;  but  the 
latest  w-as  in  his  favor, — Illinois  Reports,  volume  160,  page  215.  It  is  difficult 
to  conceive  a  case  of  greater  interest  to  express  companies  and  other  common 
carriers  and  to  their  customers,  the  consignors  and  shippers  of  money  and  mer- 
chandise. 

In  the  case  of  Waldron  versus  Waldron  a  man's  first  wife  sued  his  second 
wife  for  the  alienation  of  the  husband's  affections.  Judgment  went  against  the 
defendant  in  the  United  States  circuit  court  for  seventeen  thousand  and  five  hun- 
dred dollars.  Ju(li;c  r.arnum  was  subsequently  employed  to  take  the  case 
throui;h  the  federal  supreme  court.  He  obtained  a  reversal,  reported  in  156 
United  States  Reports,  453.     lie  was  opposed  by  eminent  counsel. 

Among  Judge  r)arnum's  more  recent  cases  may  be  mentioned  Durborow 
versus  Niehoff,— Appellate  Reports,  volume  37' page  403;  Charles  versus  Rem- 
ick,— Illinois  Appellate,  volume  50,  page  534;  Illinois  Reports,  volume  156,  page 


THE  BENCH  AND  BAR  OF  ILLINOIS.  477 

327;  Western  Indiana  and  Belt  Line  Railroad  versus  Flynn, — Illinois  Appellate 
Reports,  volume  54,  page  387;  154  Illinois  Reports,  volume  154,  page  448;  Smith 
versus  Chytraus, — 152  Illinois  Reports,  664;  Ryan  versus  Cudahy, — Illinois  Re- 
ports, volume  157,  page  108;  and  Stiles  versus  Stiles.  The  latter  case  was  won 
before  Chancellor  Ewing,  who  saw  and  heard  all  the  witnesses  and  their  con- 
flicting testimony.  That  learned  Chancellor  delivered  an  elaborate  and  eloquent 
opinion,  completely  exonerating  Judge  Barnum's  client  and  vindicating  her 
innocence. 

The  appellate  court  of  the  first  district  unanimously  affirmed  his  decree 
in  a  strong  opinion  delivered  by  his  Honor,  Judge  Gary, — Appellate  Reports, 
volume  62,  page  408.  In  confirmation  of  these  opinions  another  was  written  by 
Mr.  Justice  Harker  in  the  appellate  court  of  an  adjoining  district,  in  which  he 
said  there  was  not  a  syllable  of  incriminating  evidence,  and  that  to  sustain  a 
conviction  would  be  to  convict  upon  mere  suspicion, — Appellate  Reports,  volume 
65,  page  501. 

But  the  supreme  court,  which  never  had  the  opportunity  of  seeing  the  wit- 
nesses, held  otherwise, — Illinois,  volume  167,  page  576. 

The  decision  of  the  supreme  court  in  Ryan  versus  Cudahy  is  regarded  as 
having  upset  all  legal  precedents  in  Board  of  Trade  cases,  and,  as  one  of  the 
daily  papers  has  expressed  it,  "specifically  disposes  of  the  board's  time-honored 
assumption  that  it  is,  as  between  its  own  members,  a  law  unto  itself."  'Tt  seems 
plain,"  says  the  court,  "that  where  property  rights  are  involved,  as  in  the  case 
here,  the  courts  have  the  power  to  so  far  supervise  the  action  of  a  tribunal  like 
the  one  in  question  as  to  determine  whether  they  have  proceeded  according 
to  the  rules  and  regulations  provided  for  their  action,  and,  if  they  have  failed  in 
a  substantial  manner,  correct  abuses  which  may  result  from  their  unwarranted 
procedure."  The  case  grew  out  of  a  corner  in  short  ribs  run  in  the  year  1892. 
Ryan  appeared  before  a  committee  appointed  by  the  board  to  dispose  of  a  large 
sum  of  money  which  had  been  put  up  as  margins.  Under  Judge  Barnum's 
advice  his  cHent,  Ryan,  offered  to  prove  before  the  committee  facts  showing  that 
the  market  had  been  manipulated,  but  the  committee,  adhering  to  the  practice 
which  all  prior  committees  had  followed  in  such  cases,  refused  to  hear  any  evi- 
dence whatever,  excepting  the  price  of  sales  on  the  board  on  the  day  of  delivery. 
The  supreme  court  decided  that  the  committee  .  .  .  "had  no  right  to  confine 
their  investigations  to  the  mere  diflferences  between  the  contract  price  of  short 
ribs  and  the  price  at  which  the  sales  were  made  on  the  board  on  the  day  of 
delivery,  closing  their  eyes  to  the  facts  that  these  sales  may  have  been  false, 
fraudulent  and  fictitious, — sales  brought  about  by  fraudulent  combination  and 
violation  of  the  statute  of  the  state.  If  the  committee  is  to  be  confined  to  a  mere 
calculation  of  the  differences  between  the  contract  price  and  the  figure  estab- 
lished by  combination  on  the  board  of  trade  on  the  day  of  delivery,  regardless 
of  the  fact  whether  such  figure  is  real,  fictitious  or  manipulated  by  a  corner, 
then  a  tribunal  of  that  character  is  but  a  device  for  legalizing  acts  prohibited  by 
the  common  law  of  the  state," — 157  Illinois  Report,  108. 


478  THE  BENCH  AND  BAR  OF  HJJNOIS. 

Taking  all  in  all,  in  view  of  its  future  salutary  effects,  this  is-  probably  the 
most  .important  Board  of  Trade  case  decision  ever  rendered  in  this  state. 

Joel  W.  Stevens  was  born  in  the  city  of  New  York  September  7,   1854, 
acquired  his  education  in  his  native  state  and  spent  his  youth  in  the  east,  but 
when  seeking  a  favorable  business  opening  he  chose  Chicago,  the  city  marvelous, 
— whose  doors  are  ever  open  to  the  ambitious,  energetic  and  honorable  men 
who  would  by  merit  advance  from  obscurity  in  business  life  to  fame  and  fortune. 
Endowed  by  nature  with  strong  mentality  and  trained  by  education  and  culture, 
he  came  to  Chicago  in  1885  to  take  his  place  among  those  who  are  contending 
for  the  rich  prizes  offered  the  energetic,  the  persevering  and  the  enterprising. 
He  had  determined  to  devote  his  life  to  the  law,  and  in  1896  was  admitted  to  the 
bar.    Opening  an  office  in  this  city,  he  began  practice  and  has  succeeded  in  win- 
ning a  good  clientage.    He  soon  recognized  that  competition  was  rife,  but  that 
real  merit  finds  ready  acknowledgment;   and,  not  afraid  to  study  and  work,  he 
has  steadily  advanced  to  a  place  w'here  he  commands  attention  and  respect  by 
reason  of  his  ability.    "He  was  the  leading  counsel,''  said  a  law  journal,  "in  the 
celebrated  Bates  bigamy  case,  which  perhaps  attracted  more  national  attention  * 
than  any  case  of  like  character  ever  tried.     The  defendant  was  a  unique  char- 
acter in  the  matrimonial  world,  and  his  propensity  for  frequent  marriages,  the 
facility  with  which  he  contracted  them,  the  resourcefulness  displayed  in  caring 
for  so  many  different  households  upon  a  meager  salary  and  the  diplomacy  dis- 
played in  keeping  each  household  ignorant  of  the  existence  of  the  other,  evinced 
mental  and  moral  conditions  that  gave  concern  to  humanitarians,  social  econ- 
omists, insanity  experts  and  medico-legal  jurists  in  this  country  and  Europe. 
Mr.  Stevens  did  not  succeed  in  acquitting  his  client,  because  a  lawyer  cannot 
achieve  the  impossible;   but  his  conduct  of  the  defense  was  exceedingly  clever, 
displaying  extensive  kTiowledge  of  the  law  of  the  case  and  a  familiarity  with  the 
art  of  defense  that  excited  comment  from  the  bar  and  the  public  press.   Another 
important  case  with  which  Mr.  Stevens  was  identified  as  chief  counsel  was  the 
Barber  forgery  case." 

He  is  not  only  a  competent  lawyer  but  is  a  man  of  resourceful  business  abil- 
ity, whose  connection  with  several  important  enterprises  has  materially  advanced 
their  interests.  For  some  years  he  was  chief  engineer  in  the  marine  service  and 
for  fifteen  years  was  superintendent  of  the  Merchants'  Arc  Light  and  Power 
Company,  resigning  the  latter  position  in  1897.  His  practical  and  scientific 
knowledge  of  engineering  and  electricity,  supplemented  by  his  executive  ability, 
fully  equipped  him  for  the  discharge  of  the  responsible  duties  devolvins:  upon 
him.  He  has  keen  discrimination  in  business  affairs,  remarkable  sagacity  and 
excellent  executive  ability. 

On  the  T4th  of  December,  1876,  Mr.  Stevens  was  united  in  marriage  to  Miss 
Mary  Stevens.  Socially  he  is  connected  with  the  Masonic  fraternity,  having  for 
a  number  of  years  been  numbered  among  its  leading  representatives.  In  politics 
he  gives  his  support  to  the  Republican  party  when  matters  of  public  policy  are 
involved,  thus  voting  the  national  and  state  Republican  tickets.  He  has  in  his 
possession  a  most  interesting  relic  of  the  most  famous  leader  of  the  Republican 


THE  BENCH  AND  BAR  OF  ILLINOIS,  479 

party, — a  business  card  on  which  is  inscribed,  "A.  Lincoln,  Attorney  and  Coun- 
selor at  Law,  Springfield,  Illinois."  Attached  to  this  is  the  following  unique 
statement:  "To  whom  it  may  concern:  My  old  customers  and  others  are  no 
doubt  aware  of  the  terrible  time  I  have  had  in  crossing  the  stream,  and  will  be 
glad  to  know  that  I  will  be  back  on  the  same  side  from  which  I  started  on  or 
before  the  4th  day  of  March  next,  when  I  will  be  ready  to  swap  horses,  dispense 
law,  make  jokes,  split  rails  and  perform  other  small  matters  in  a  small  way." 

Robert  H.  Parkinson,  an  able  member  of  the  Chicago  bar,  is  a  native  of 
Maine  and  a  graduate  of  Dartmouth  College.  He  was  admitted  to  the  bar  in 
1872  in  St.  Louis,  Missouri;  from  1874  to  1893  he  resided  in  Cincinnati,  and 
since  then  has  been  a  practitioner  in  Chicago. 

Leander  D.  Condee  was  bom  in  Athens,  Ohio,  on  the  26th  of  September, 
1847,  ^^^  is  a  son  of  Henry  M.  and  Jane  (Rickey)  Condee.  In  1854  he  ac- 
companied his  parents  on  their  removal  to  Illinois,  the  family  locating  on  a 
farm  in  Coles  county,  and  later  removing  to  Kankakee  county,  where  he  pursued 
his  education  in  the  public  schools.  Later  he  entered  the  University  of  Mich- 
igan and  on  the  completion  of  the  prescribed  course  was  graduated  in  1868.  The 
following  year  he  began  the  practice  of  law  in  Butler,  the  county-seat  of  Bates 
county,  Missouri.  In  1873  he  came  to  Chicago,  where  he  has  since  continued 
m  active  practice,  and  during  his  twenty-five  years*  connection  with  the  Chicago 
bar  he  has  won  a  place  of  distinction  among  his  professional  brethren.  He 
first  formed  a  partnership  under  the  name  of  Richmond  &  Condee,  which  firm 
was  succeeded  by  that  of  Condee  &  Bliss.  Subsequently  he  entered  into  partner- 
ship with  John  A.  Rose,  under  the  firm  name  of  Condee  &  Rose,  which  con- 
nection was  continued  for  ten  years,  since  which  time  Mr.  Condee  has  been 
alone. 

Mr.  Condee  has  always  been  known  as  a  general  practitioner  and  for  many 
years  has  enjoyed  a  very  extensive  clientele,  having  served  as  counsel  in  the 
trial  of  some  of  the  most  important  suits  that  have  been  heard  in  the  Chicago 
courts.  He  served  for  four  years  as  attorney  for  the  village  of  Hyde  Park 
before  its  annexation  to  the  city  and  when  it  was  the  largest  village  in  the  world. 

In  politics  he  has  always  been  a  stalwart  Republican,  and  creditably  served  as 
a  member  of  the  state  senate  from  1880  until  1884.  In  1892  he  was  his  party's 
candidate  for  judge  of  the  superior  court,  but  with  the  others  on  the  ticket  met 
defeat.  Since  that  time  he  has  taken  no  active  part  in  politics,  his  entire  atten- 
tion being  given  to  his  extensive  law  practice.  He  possesses  all  the  essential 
qualifications  of  the  most  able  lawyers,  the  power  of  keen  analysis,  close  reason- 
ing and  precision  in  the  preparation  of  his  cases,  and  in  argument  he  is  forceful 
and  convincing  before  both  judge  and  jury.  He  seems  almost  intuitively  to 
grasp  the  strong  points  of  law  and  fact,  while  in  his  briefs  and  arguments  the 
authorities  are  cited  so  extensively  and  the  facts  and  reasoning  thereon  are 
preserited  so  cogently  and  unanswerably  as  to  leave  no  doubt  as  to  the  correct- 
ness of  his  views  or  of  his  conclusions.  He  is  now  professor  of  the  law  of 
corporations  in  the  Chicago  College  of  Law. 

Mr.  Condee  is  married  and  resides  in  Kenwood,  and  is  a  member  of  the 


THE  BENCH  AND  BAR  OF  ILLINOIS.  481 

his  native  state  and  later  studied  in  the  State  Normal  University  at  Normal, 
Illinois.     He  came  to  this  state  at  the  close  of  the  civil  strife  in  1865.     The 
vicissitudes  of  war  had  left  him  penniless,  and  locating  in  Ramsey,  a  small  town 
on  the  Illinois  Central  Railroad,  he  began  hauling  ties  and  working  on  the  road 
as  a  section  hand.     His  energies  and  attention  were  devoted  lo  teaching  from 
1867  until  1869,  and  when  not  confined  with  the  duties  of  the  school-room  he 
gave  his  time  to  the  mastery  of  the  principles  of  jurisprudence.     He  afterward 
read  law  in  the  office  of  Henry  &  Fouke,  and  in  January,  1873,  passed  an  ex- 
amination before  the  supreme  court  at  Springfield  and  was  admitted  to  the 
bar  of  Illinois.     He  began  practice  in  Vandalia  and  at  once  attracted  so  much 
attention  in  legal  circles  that  he  was  elected  prosecuting  attorney  of  Fayette 
county  the  same  year,  filling  the  office  until  1876.     In  the  latter  year  he  was 
nominated  by  the  Republican  party  for  congress,  and  although  unsuccessful 
such  was  his  popularity  that  he  reduced  the  former  Democratic  majority  of  his 
district  from  five  thousand  to.  fourteen  hundred. 

Mr.  Ashcraft  has  always  been  a  close  and  careful  student,  and  the  business 
entrusted  to  his  care  has  always  claimed  his  undivided  attention,  his  devotion  to 
his  clients'  interests  being  proverbial.  This,  combined  with  his  capability  in  the 
presentation  of  a  case  to  judge  or  jury,  soon  won  him  success,  and  he  rapidly 
secured  a  good  clientage  at  the  bar  of  Vandalia,  where  he  practiced  for  fourteen 
years.  He  met  in  forensic  contest  in  southern  Illinois  such  eminent  jurists 
as  John  Scholfield,  of  Marshall,  later  chief  justice;  Anthony  Thornton,  of  Shelby- 
ville,  for  several  years  a  member  of  the  supreme  bench;  T^sse  J.  Phillips,  of 
Hillsboro,  who  was  also  chief  justice;  John  M.  Palmer,  01  Springfield ;  S.  M. 
Moulton,  of  Shelby;  and  B.  W.  Henry,  of  Fayette  and  to  his  contests  with 
these  men  he  attributes  much  of  his  success  as  a  trial  lawyer. 

In  April,  1887,  Mr.  Ashcraft  became  a  member  of  the  Chicago  bar  and  of 
the  firm  of  Cratty  Brothers  &  Ashcraft,  the  latter  connection  continuing  until 
the  1st  of  June,  1891,  when  he  became  a  member  of  the  present  firm  of  Ash- 
craft &  Gordon.     As  a  member  thereof  he  contributes  largely  to  its  reputation 
for  the  thoroughness,  ability  and  integrity  which  so  signally  characterize  the 
discharge  of  its  professional  obligations  and  have  in  a  few  short  years  made  it 
one  of  the  solid,  reliable  law  firms  of  the  city.     Mr.  Ashcraft  is  distinctively  a 
trial  lawyer,  and  from  the  time  of  his  arrival  in  Chicago  he  has  been  eminently 
successful,  having  all  the  business  he  can  attend  to,  while  his  reputation  is  such 
that    he  is  in  a  position  to  select  his  cases.     He  is  one  of  those  shrewd  and 
kindly  lawyers  who  know  at  first  glance  the  practical  and  common-sense  side 
of  cases  coming  under  his  ken,  which  makes  his  work  easy  and  sure  when  he 
takes  hold  of  a  suit. 

In  1875  Mr.  Ashcraft  was  united  in  marriage  to  Miss  Florence  R.  Moore, 
daughter  of  Risden  Moore,  of  Belleville,  Illinois,  and  they  have  four  children : 
Raymond  M.,  Edwin  M.,  Florence  V.  and  Alan  E.  Mr.  Ashcraft  belongs  to  the 
Hamilton  Club,  is  a  prominent  Mason,  and  has  always  been  a  stanch  Republican 
in  his  political  associations.  A  contemporary  biographer  has  said  of  him :  "A 
tireless  worker,  persevering  and  industrious,  he  never  relaxes  his  energy  until 

81 


482  THE  BENCH  AND  BAR  OF  ILLINOIS. 

the  case  or  the  work  he  has  in  hand  is  completed.  He  is  a  forceful  speaker, 
his  style  of  argument  being  at  once  clear,  logical  and  convincing.  He  never 
resorts  to  claptrap,  and  indulges  but  little  in  flowers  of  rhetoric,  but  in  a  plain, 
matter-of-fact  manner  appeals  to  the  good  sense  and  judgment  of  his  auditors. 
He  is  a  man  of  broad  humanity,  strict  integrity  and  great  popularity,  and  counts 
among  his  personal  friends  men  of  all  classes  and  ranks,  and  is  justly  entitled  to 
be  regarded  with  Chicago's  leading  lawyers." 

Henry  S.  Monroe,  although  he  has  almost  reached  the  psalmist's  span  oi 
three-score  years  and  ten,  is  still  engaged  in  the  active  practice  of  his  profession, 
and  the  energy  and  enterprise  with  which  he  prosecutes  his  law  business  sets  to 
shame  many  a  younger  man  who,  grown  weary  of  the  strife  of  life,  shrinks  from 
further  contact  with  it.  For  forty-two  years  Mr.  Monroe  has  practiced  at  the 
bar  of  Chicago,  and  the  prestige  which  he  soon  gained  has  never  been  lost;  in 
fact,  the  favorable  judgment  which  the  public  passed  upon  him  in  the  early 
years  of  his  professional  career  has  but  been  strengthened  with  the  passing 
decades  as  he  has  successfully  mastered  the  most  intricate  problems  which  the 
law  presents. 

Mr.  Monroe  was  born  in  Baltimore,  Maryland,  February  9,  1829,  and  is  a 
son  of  Dr.  Henry  Monroe,  a  native  of  New  York,  who  in  the  w^inter  of  our 
subject's  birth  visited  Baltimore  for  the  benefit  of  his  health,  which  was  then 
greatly  impaired.     He  had  already  won  a  high  reputation  in  medical  circles 
when,  at  the  age  of  twenty-six  years,  he  was  obliged  to  leave  Broome  county, 
New  York,  and  seek  respite  from  his  labors.  The  Monroe  family  was  a  promi- 
nent  one  in  New  England  in  colonial  days,  and  thirteen  of  its  members  are  said 
to  have  served  in  the  battle  of  Bunker  Hill.     In  the  spring  after  the  birth  of  his 
son  Henry,   Dr.   Monroe  returned  to  Broome  county,  New  York,  where  he 
secured  wild  land,  which  he  transformed  into  one  of  the  best  farms  of  that  local- 
ity.    His  wife,  w^ho  bore  the  maiden  name  of  Sylvia  Thomas,  and  whose  mother 
belonged  to  the  distinguished  Stanton  family  of  western  New  York,  was  a  lady 
of  culture  and  refinement,  and  during  the  first  ten  years  of  Henry  Monroe's 
life  she  was  to  him  teacher,  parent  and  guide,  her  influence  on  his  character 
being  most  marked.  As  the  boy  grew,  various  farm  duties  were  assigned  to  him, 
and  after  he  had  assisted  in  the  work  of  plowing,  planting  and  harvesting,  he 
entered  the  district  schools  of  the  neighborhood,  where  he  laid  the  foundation 
for  a  good  education.     Of  a  studious  nature,  he  made  rapid  advancement  in 
his  studies.     He  was  especially  fond  of  history  and  was  very  proficient  therein. 
He  prepared  for  college  in  Oxford,  Chenango  county.  New  York,  and  at  the 
end  of  three  years  entered  the  junior  class  of  Geneva  College,  New  York,  where 
he  graduated  with  highest  honors,  being  valedictorian  of  the  class  of  1850. 

In  the  office  of  Henry  R.  Mygatt,  of  Oxford,  New  York,  one  of  the  ablest 
lawyers  of  the  state  at  that  time,  Mr.  Monroe  began  the  study  of  law,  and  while 
pursuing  his  studies  taught  school  for  a  few  terms.  In  1853  ^^  ^^^.s  admitted  to 
the  bar,  and  purchasing  a  few  law  books  with  borrowed  money  he  came  to 
Chicago,  where  he  had  only  one  friend  living,  Hon.  Stephen  A.  Douglas,  who 
introduced  and  recommended  Mr.  Monroe  to  his  many  friends.     In  a  short  time 


'^^^Um/1^  if-  vfCtry/r^o-C 


THE  BENCH  AND  BAR  OF  ILLINOIS,  483 

the  latter  had  many  acquaintances,  friends  and  clients,  his  social  qualities  ren- 
dering him  popular,  while  his  genuine  worth  commanded  the  respect  of  all 
with  whom  he  came  in  contact.  He  opened  an  office  early  in  the  spring  of 
1855,  and  his  practice  has  grown  with  the  growth  of  the  city,  until  it  has  now- 
assumed  very  extensive  proportions  and  is  of  a  very  important  character. 

In  the  early  days  one  of  the  most  important  cases  which  he  tried  was  that 
of  Martin  O.  Walker  versus  John  Frink,  two  well  known  stage-coach  proprietors. 
He  appeared  alone  for  the  defense,  w^hile  arrayed  against  him  were  several  of  the 
most  prominent  members  of  the  Chicago  bar,  and  the  signal  victory  which  he 
won  at  once  established  his  reputation  as  a  most  able  advocate.  Another  im- 
portant case  which  won  him  distinction  was  that  of  Fisher  versus  Stone,  a  case 
of  malpractice,  involving  scientific  problems  then  unsolved,  in  which  medical 
men  were  profoundly  interested,  and  in  which  leading  men  of  that  profession 
from  New  York,  Albany,  Philadelphia,  Buffalo,  Cleveland  and  Louisville  were 
witnesses.  Mr.  Monroe  completely  mastered  the  details  of  the  matter,  went  to 
the  bottom  of  the  subject,  and  astonished  everybody,  particularly  the  medical 
experts,  with  the  breadth  and  accuracy  of  his  knowledge,  and  his  masterly  pre- 
sentation and  handling  of  the  case.  It  is  stated  that  the  result  of  the  trial  was 
to  materially  change  the  opinion  of  medical  experts  upon  a  scientific  question 
involved,  which  was  then  unsettled,  so  much  so  that  experts  in  Europe  as  well  as 
this  country,  with  very  few  exceptions,  agreed  with  Mr.  Monroe. 

Among  the  important  cases  which  he  has  tried  in  later  years  is  the  cele- 
brated Michael  Reese  will  case  in  California,  an  important  land  case  tried  be- 
fore the  chief  justice  of  New  Hampshire;  others  are  the  Emma  mine  contro- 
versy  in  Utah ;  the  suit  between  the  owners  of  the  Dives  and  Pelican  mines  in 
Colorado;  the  case  of  Tilden  and  Myres  versus  the  Chicago  &  Alton  Railroad 
Company,  tried  in  the  United  States  court  in  New  York;  and  later  the  cele- 
brated case  of  Sturges  versus  Farwell  and  others,  the  Derby  will  case,  and  the 
case  of  Colehour  versus  Roby.  The  Sturges  case  perhaps  attracted  more  wide- 
spread attention  than  any  civil  case  ever  tried  in  Illinois.  Mr.  Monroe  con- 
trolled and  managed  it  from  beginning  to  end,  and  thereby  won  new  laurels. 

A  contemporary  biographer  has  said 'of  him :  "He  encourages  no  one  to  go 
to  law  unless  he  has  a  clear  case,  but  once  his  services  are  enlisted  he  labors  with 
indefatigable  zeal  for  the  interests  of  his  client.  As  leading  counsel  in  important 
corporation,  commercial  and  insurance  cases,  and  in  defending  prosecutions 
under  the  revenue  laws,  his  great  success  has  been  especially  conspicuous.  As 
cross-examining  counsel,  and  as  an  advocate  before  a  jury,  he  has  few  peers  at 
the  Chicago  bar.  Lately  Mr.  Monroe  has  been  largely  engaged  in  real-estate 
litigation,  being  the  leader  in  this  line  of  the  profession  in  Chicago.  The  late 
Chief  Justice  Breese,  of  Illinois,  in  the  case  of  Barret  versus  Spaids  (Illinois 
Reports,  volume  70,  page  143),  in  speaking  of  Mr.  Monroe,  calls  him  *a  dis- 
tinguished attorney  of  this  court,'  and  says  he  'is  known  to  be  able,  honest  and 
conscientious.'  An  eminent  federal  judge,  before  whom  Mr.  Monroe  has  tried 
a  great  many  important  cases,  once  stated  to  several  members  of  the  bar  that 
*as  an  all-around  lawyer  Mr.  Monroe  had  no  superior  at  the  Chicago  bar.'" 


484 


THE  BENCH  AND  BAR  OF  ILLINOIS. 


The  following  is  sent  to  the  publishers  by  one  who  is  an  able  member  of  the 
bar  and  who  has  known  the  subject  well  in  his  professional  and  personal  life: 

I  do  not  think  any  sketch  of  Mr.  Monroe  as  a  lawyer  would  be  complete  without 
mention  of  his  peculiar  and  remarkable  power  as  an  advocate.  I  have  heard  him  in  the 
supreme  court  of  the  United  States  and  that  of  Illinois;  heard  him  argue  cases  in  chancery 
and  questions  of  law  before  trial  judges.  He  always  understands  his  case,  and  his  state- 
ments of  fact  are  clear,  logical  and  convincing.  I  once  heard  him,  in  the  supreme  court 
of  the  United  States,  spend  his  entire  time  in  stating  the  facts  of  his  case,  adding  at  the 
close:  "If  I  have  succeeded  in  fairly  and  truthfully  presenting  the  facts  of  this  interesting 
and  complicated  case,  this  court  will,  1  think,  have  little  difficulty  in  deciding  it." 

I  think  he  is  greatest  before  a  jury.     I  have  heard  him  in  civil  cases  when  everyone 
within   sound   of   his  voice,    including  judge   and   jury,    bent    forward   and   listened  with 
breathless  attention  to  his  every  word.     I  never  witnessed  such  effect  upon  jury  and  audi- 
ence as  was  made  by  his  closing  argument  in  defense  of  Charles  Custer,  indicted  for  the 
murder  of  Bill  Ruse.    The  papers  had  all  pronounced  and  the  people  thought  it  deliberate 
murder.     No  case  in  this  city  was  ever  more  ably  prosecuted.     Custer,  three  days  after  he 
had  been  abused  and  thrashed  by  Ruse,  loaded  his  gun  and  deliberately  walked  to  Ruse's 
residence.     Ruse  came  out  bareheaded  and  unwarned,  and  just  as  he  left  the  steps  Custer, 
thirty  yards  away,   raised  his   gun  and  instantly  killed   Ruse.     The   prosecution  had  no 
doubt  of  his  conviction,  and  when  the  leading  counsel  for  the  state  sat  down  everyone 
in   the   large  and  crowded  court-room  believed   Custer  doomed.     Mr.   Monroe  rose,  and 
his   opening  sentence  enlisted  the  sympathy  and  attention   of   both  jury   and   spectators. 
His  analysis  and  grouping  of  the  evidence  was  so  marvelous  and  skillful  that  it  threw  a 
ilood  of  new  light   upon  the  acts  of  Custer,  which  had  before  seemed  conclusive  of  his 
guilt.     For  three  hours  the  jury  and  spectators  listened  with  breathless  attention,  the  ex- 
citement and  interest  being  often  so  great  as  to  be  painful.    When  he  sat  down  everyone  in 
the  court-room  believed  Custer  safe,  and  so  it  proved,  in  spite  of  the  able  speech  which 
followed,  and  the  charge  of  the  judge,  which  was  "dead  against  him."    When  Mr.  Monroe 
ceased  his  argument  he  turned  to  me  and  in  a  whisper  said:    "This  is  the  last  murder  case 
which   I  will   ever  try." 

His  defense  of  Joseph  R.  Bickerdike,  for  defrauding  the  government  was  equally 
remarkable  and  ingenious.  No  one,  not  even  his  friends  and  relatives,  believed  he  could 
be  saved  from  the  penitentiary  if  the  prosecuting  witnesses  told  the  truth.  Mr.  Monroe 
put  none  on  the  stand,  and  still  the  jury,  in  five  minutes,  brought  in  a  verdict  for 
Bickerdike. 

Mr.  Monroe  studies  his  cases,  the  facts  in  particular,  so  carefully  that  he  is  rarely  taken 
by  surprise,  and  the  Harder  he  is  pressed  the  better  he  is.  I  once  heard  him  in  addressing 
a  jury  in  a  very  important  and  interesting  case  so  present  the  facts  as  to  make  both  judge 
and  jury  believe  that  the  decision  of  the  case  turned  upon  a  single  question  of  fact,  and 
then  bent  all  his  energies  to  demonstrate  that  on  that  question  the  evidence  was  in  his 
favor.  He  was  never  in  better  form  or  voice.  His  illustrations  were  so  apt  and  his  reason- 
ing so  convincing,  and  the  jury  so  interested  and  excited,  that  when  at  the  end  of  his 
argument  he  stepped  forward  and  asked  a  question,  which  two  of  the  jury  instantly  an- 
swered, Mr.  Monroe  won,  and  the  opposing  counsel  relied  upon  this  answer  of  the  jurors 
in  their  motion  for  a  new  trial,  but  the  presiding  judge  (the  late  Judge  Rogers)  refused  it 

In  1856  Mr.  Monroe  married  Miss  Mattie  Mitchell,  daughter  of  William 
B.  Mitchell,  of  Akron,  Ohio.  Until  the  death  of  his  wife  they  maintained  a 
leading  place  in  a  cultured  society  circle.  The  family  relations  of  our  subject 
have  always  been  most  pleasant,  his  children  being  worthy  the  love  and  respect 
of  any  man.  Two  of  his  daughters  are  distinguished  writers,  and  his  only  son 
already  occupies  a  high  place  in  his  profession  and  all  hold  high  social  positions. 


THE  BENCH  AND  BAR  OF  ILLINOIS.  485 

Mr.  Monroe  has  one  of  the  largest  and  finest  private  libraries  of  the  northwest, 
embracing  the  standard  French  and  German  as  well  as  English  works.  At 
the  time  of  the  great  fire  in  1871  Mr.  Monroe  was  the  possessor  of  one  of  the 
mgst  complete  and  extensive  law  libraries  in  the  Mississippi  valley.  Not  only 
does  he  find  rest  from  his  arduous  professional  duties  in  literature,  but  he 
*  also  realizes  the  importance  of  a  healthful  physical  development,  and  that  a 
strong  mind  dwells  in  a  strong  body.  To  this  end  he  has  indulged  a  love  of 
hunting  and  of  driving  a  spirited  horse,  and  to-day  he  possesses  the  physical 
and  mental  vigor  of  a  man  of  much  younger  years. 

Elijah  B.  Sherman,  LL.  D.,  lawyer  and  scholar,  patriot  and  statesman, 
orator  and  author,  occupies  a  conspicuous  position  among  the  gifted  legists 
and  citizens  of  the  state.  His  influence  is  felt  not  alone  in  his  profession,  where 
he  has  won  distinguished  honors,  but  is  manifest  in  public  opinion  and  public 
action.  He  is  interested  from  a  humanitarian  standpoint  in  the  questions 
which  affect  the  welfare  of  the  race;  from  the  standpoint  of  a  scholar  in  those 
things  which  concern  the  mental  development  and  show  the  trend  of  intel- 
lectual advancement  of  the  age.  He  studies  every  issue  that  arises,  not  in  an 
abstract  sense  but  in  its  relation  to  the  welfare  of  humanity;  and  while  he  is 
pre-eminently  a  lawyer,  he  is  at  the  same  time  an  able  literary  critic,  a  philos- 
opher, a  fluent  writer,  an  able  and  eloquent  speaker  and  above  all  a  friend  to 
humanity. 

The  independent  and  courageous  spirit  which  characterizes  all  his  actions 
probably  comes  to  him  from  his  Vermont  ancestors,  for  that  state  has  pro- 
duced men  who  have  ever  been  found  as  champions  of  liberty,  order  and 
humanity,  since  the  time  the  Green  Mountain  boys  went  forth  to  defend 
their  homes  and  families  against  the  oppression  of  the  British  tyrants  in  the 
war  of  the  Revolution.  His  grandfather,  Ezra  Sherman,  was  a  descendant 
of  Samuel  Sherman,  who  came  to  this  country  with  Rev.  John  Sherman  and 
removed  from  Connecticut  to  Vermont,  thus  establishing  the  family  in  the 
latter  state.  The  ex-secretary  of  state,  John  Sherman,  and  General  William 
T.  Sherman  were  among  the  descendants  of  Samuel  Sherman;  and  his  cousin, 
John  Sherman,  the  sea  captain,  was  the  ancestor  of  Roger  Sherman,  one  of  the 
signers  of  the  Declaration  of  Independence. 

The  father  of  our  subject,  Elias  H.  Sherman,  was  a  Vermont  farmer, 
and  at  his  home  in  Fairfield,  on  the  i8th  of  June,  1832,  Elijah  B.  Sherman 
was  born.  His  boyhood  comprehended  the  almost  invariable  conditions  from 
which  the  energies  of  our  large  cities  are  each  year  recruited.  He  had  am- 
bition without  apparent  opportunity;  a  taste  for  literature  without  the  means 
of  feeding  it ;  a  predisposition  to  thoughtfulness  without  the  ordinary  scholas- 
tic channels  into  which  to  turn  it.  The  mountains  have  always  been  the  great 
feeders  both  in  nature  and  in  society,  and  in  Mr.  Sherman's  case  what  he  then 
supposed  were  limitations  upon  his  life  were,  in  reality,  its  keenest  stimulus 
and  its  highest  opportunities.  The  poetic  and  aspiring  element  of  his  nature, 
shut  out  at  first  from  the  pedagogic  training  of  the  printed  page,  turned  for  . 
relief  to  the  mountains,  brooks  and  meadows  of  his  native  state, — that  school 


486  THE  BENCH  AND  BAR  OF  ILLINOIS. 

from  which  came  such  lawyers  as  Evarts  and  Phelps,  such  statesmen  as  Col- 
lamer,  Morrill  and  Edmunds,  such  modern  heroes  as  Dewey  and  Clark  of  the 
Oregon,  such  artists  as  William  Morris  Hunt,  Larkin  G.  Mead,  Hiram  Powers 
and  many  another  of  America's  brilliant  sons.  With  nature  for  a  tutor  ^nd 
human  life  and  his  surroundings  for  his  studies,  Mr.  Sherman  found  a  school 
from  which  the  city-bred  boy  is  barred,  and  whence  issue  year  by  year  the 
men  who,  in  city  and  country,  make  events. 

At  twenty-one  years  of  age  he  had.  during  a  limited  attendance  at  the 
common  schools  through  the  winter  months,  mastered  the  rudiments  of  an 
education.  He  then  secured  a  clerkship  in  a  drug  store  in  Brandon,  but  not 
finding  this  to  his  taste  he  spent  a  year  as  a  student  in  the  Brandon  Seminary 
and  a  similar  period  in  Burr  Seminary,  in  Manchester,  whence  he  later  en- 
tered Middlebury  College,  from  which  institution  he  was  graduated  in  i860. 
He  met  the  expenses  of  his  academic  and  collegiate  course  by  teaching  school 
a  portion  of  each  year,  but  he  managed  to  win  a  fair  share  of  class  and  college 
honors,  and  in  1885  his  alma  mater  honored  itself  by  conferring  upon  him  the 
degree  of  LL.  D.,  an  act  made  significant  by  the  fact  that  Middlebury  College 
has  conferred  that  degree  upon  less  than  half  a  dozen  of  its  own  children  in 
the  last  forty  years. 

Following  his  graduation  Mr.  Sherman  engaged  in  teaching  school  in 
South  Woodstock  for  one  year  and  then  took  charge  of  Brandon  Seminary, 
where  he  remained  until  May,  1862,  when  he  assisted  in  raising  a  company 
of  the  Ninth  Vermont  Infantry,  Colonel  Greorge  J.  Stannard  commanding. 
Mr.  Sherman  enlisted  as  a  private  but  was  made  lieutenant  upon  the  organiza- 
tion of  the  company.  The  regiment  was  captured  at  Harper's  Ferry  just 
before  the  battle  of  Antietam,  was  paroled  and  sent  to  Camp  Douglas,  near 
Chicago,  to  await  exchange.  Not  wishing  to  remain  idle  here  Lieutenant 
Sherman  began  the  study  of  the  law.  He  prosecuted  his  studies  in  the  law 
department  of  the  University  of  Chicago,  in  which  he  was  graduated  in  1864, 
and  immediately   afterward   entered   upon  the  practice   of  his   profession. 

As  a  lawyer  and  a  master  in  chancery  of  the  United  States  circuit  court, 
to  which  responsible  position  he  was  appointed  by  Judges  Harlan,  Drum- 
mond  and  Blodgett  in  1879,  ^^^-  Sherman  has  exhibited  an  intellectual  cast 
that  marks  our  best  jurists.  His  most  prominent  trait,  perhaps,  is  an  ex- 
traordinary quickness  of  perception.  A  lawyer  unfolding  to  him  a  line  of 
thought  always  sees,  in  the  face  of  his  listener,  that  the  line  is  taken  up  and 
mastered  as  soon  as  uttered.  To  this  perceptive  faculty  are  linked  a  com- 
prehensive grasp  and  the  rare  power  of  precise  utterance.  He  never  fails 
to  impart  the  pleasure  which  comes  from  being  exactly  understood,  A  master 
in  chancery  is  in  every  sense  an  equity  judge.  For  these  duties  Mr.  Sherman 
combines  admirable  qualities.  His  nature  is  sympathetic,  but  his  judgment  is 
impartial.  The  emotional  elements  are  dominated  by  his  understanding.  His 
intellect  comprehends  the  law  as  a  great  science  necessarily  uniform  in  its 
application ;  and  is  of  the  fiber  that  thus  enforces  the  law,  even  to  the  displace- 
ment of  wishes  and  inclinations  that  are  born  of  sympathy.     This  combination 


THE  BENCH  AND  BAR  OF  H.LINOIS.  487 

of  powers  makes  a  real  chancellor, — ^the  susceptibility  of  appreciating  the 
rights  and  circumstances  of  others,  and  the  intellectual  power  that  can,  in  the 
necessarily  uniform  administration  of  a  great  system,  set  each  particular  feel- 
ing aside. 

In  1884  Mr.  Sherman  was  appointed  chief  supervisor  of  elections  for  the 
northern  district  of  Illinois,  and  supervised  the  congressional  elections  up  to 
the  time  the  law  was  repealed.  At  the  election  in  November,  1892,  he  ap- 
pointed fourteen  hundred  supervisors  who  registered  two  hundred  and  sixty- 
seven  thousand  voters,  made  inquiry  as  to  their  right  to  vote,  scrutinized  the 
votes  cast  and  made  return  to  the  chief  supervisor  of  the  results  of  the  elec- 
tion. In  1882  Mr.  Sherman  was  president  of  the  Illinois  State  Bar  Associa- 
tion, and  his  annual  address  attracted  wide  attention  by  reason  of  its  literary 
excellence  and  profound  learning.  He  has  also  been  vice-president  of  the 
American  Bar  Association. 

Mr.  Sherman's  political  support  has  been  given  the  Republican  party 
since  its  organization.  His  father's  home  was  a  station  on  the  "underground 
railroad,"  and  he  early  became  imbued  with  an  antipathy  to  slavery;  and 
when  the  Republican  party  was  formed  to  prevent  its  further  extension  he  at 
once  attached  himself  to  the  organization,  and  has  since  been  one  of  its  most 
earnest  advocates.  In  1876  he  was  elected  to  the  Illinois  house  of  repre- 
sentatives and  took  a  leading  position  in  that  body,  which  then  enrolled  among 
its  members  some  of  the  ablest  men  of  the  state.  He  was  chairman  of  the 
committee  on  judicial  department  and  a  member  of  the  judiciary  committee. 
In  this  capacity  he  assisted  in  securing  the  passage  of  the  act  establishing 
appellate  courts,  the  wisdom  of  which  provision  experience  has  rendered  no 
longer  debatable.  At  this  session  there  was  also  to  be  a  senator  elected  to 
succeed  General  Logan,  and  Mr.  Sherman  was  one  of  the  most  influential 
supporters  of  the  General  and  was  selected  to  make  one  of  the  nominating 
speeches  in  the  house.  In  1878  he  was  re-elected  to  the  general  assembly 
and  became  chairman  of  the  committee  on  corporations  and  a  member  of  the 
committee  on  militia.  At  this  session  the  act  which  had  been  passed  in  1877, 
organizing  the  Illinois  National  Guard,  was  amended  and  amplified,  a  measure 
largely  due  to  Mr.  Sherman  and  in  recognition  of  which  he  was  appointed 
by  Governor  Ctrllom  judge  advocate  of  the  first  brigade,  in  which  position  he 
served  until  1884.  Aside  from  his  service  in  the  state  legislature,  he  has  never 
held  or  desired  any  political  office,  but  has  continued  to  be  a  steadfast  Re- 
publican, not  from  selfish  motives  but  from  a  deep  and  abiding  conviction 
that  the  principles  of  that  party  are  essential  to  the  highest  welfare  of  the 
country.  He  is  not,  however,  a  partisan,  and  is  not  blinded  to  the  faults, 
foibles  and  mistakes  of  his  associates,  and  is  able  to  recognize  and  appreciate 
patriotic  devotion  in  those  who  differ  with  him. 

In  1866  Mr.  Sherman  was  married  to  Miss  Hattie  G.  Lovering,  daughter 
of  S.  M.  Lovering,  of  Iowa  Falls.  Their  son,  B.  W.  Sherman,  is  well  known 
as  a  rising  member  of  the  Chicago  bar.  Mr.  and  Mrs.  Sherman  have  dis- 
pensed hospitality  and  exerted  social  influence  widely  felt.     The  poetic  side  of 


488  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Mr.    Sherman's    nature,   his   wit   and    kindly   feeling,   make   him   a    delightful 
companion.     He  is  never  more  at  home  nor  shines  brighter  than  when  en- 
tertaining his   guests   or   moving  among  his   fellow   men.       These   qualities, 
probably  as  much  as  anything  else,  brought  him  into  prominence  in  the  Odd 
Fellows  fraternity,  where   he  has  held  the  highest  offices,   including  that  of 
grand  master  of  the  grand  lodge  of  Illinois.     Immediately  after  the  Chicago 
fire  the  grand  lodge  selected  him  as  a  member  of  the  relief  committee,  and  as 
its  secretary  he  aided  in  disbursing  to  the  members  of  the  fraternity,  who  had 
suffered  heavy  losses,  one  hundred  and  twenty-five  thousand  dollars.     In  ad- 
dition to  his  connection  with  that  society  Mr.  Sherman  is  a  valued  and  popular 
member  of  various  other  organizations.     He  has  been  president  of  the  Illinois 
Association  of  the  Sons  of  Vermont,  Saracen  Club,  Alliance  Club  and  Oak- 
land  Club,   and   is   a  thirty-second   degree   Mason.     He  also  belongs   to  the 
Grand  Army  of  the  Republic,  to  the  Illinois  Commandery  of  the  Loyal  Legion, 
to  the  Union  League  Club  and  to  several  literary  societies  of  high  character. 
In  kindly  remembrance  of  his  college  affiliations  and  yielding  to  the  unani- 
mous wish  of  the  annual  conventions  he  has  served  as  president  of  the  National 
Association  of  the  Delta  Upsilon  fraternity  since   1893.     He  has  fine  literary 
taste  and  is  widely  known  as  an  excellent  writer  and  eloquent  speaker.     He 
has   delivered    many   addresses   before    literary   clubs   and    at   army   reunions. 
His  style  is  original  and  unique.     He  has,  as  much  as  any  writer  known,  the 
faculty  of  grasping  the  pervading  impressions  and  thoughts  of  the  time  and 
in  aptest  expression  transferring  them  to  the  printed  page.     He  has  a  fine  sense 
df  the  secondary  as  well  as  the  primary  meaning  of  words;  and  thus  g^ves  to 
their  use  a  freshness,  as  well  as  a  precision,  that  arouses  thought.     No  lawyer 
at  the  Chicago  bar  is  heard  with  greater  expectation  or  interest  on  occasions 
requiring  the  expression  of  public  opinion,  and  he  has  been  equally  eflFective 
on  lighter  and  more  festive  occasions.     The  annual  banquet  of  the   Sons  of 
Vermont  has  always  been  brightened  by  his  wit  and  set  to  laughter  and  cheer- 
ing by  his  artful  admixture  of  humor  and  New  England  good  sense.     '*As  a 
lawyer,  orator,  writer,  critic  and  citizen,  he  fills  a  conspicuous  place.     He  is 
worthy  the  traditions  of  the  state  from  which  he  hails,  the  distinction  of  the 
name  he  bears,  and  the  high  place  he  has  made  for  himself  and  continues  to 

keep." 

Frank  Hatch  Jones  was  born  in  the  town  of  Griggsville,  Pike  county, 
Illinois,  on  the  6th  of  March,  1854.  His  parents  were  George  W.  and  Cecelia 
B.  Jones,  of  Springfield,  Illinois,  and  in  their  home  his  boyhood  days  were 
passed,  his  time  being  largely  devoted  to  the  mastery  of  the  English  branches 
of  learning  taught  in  the  public  schools  of  Pittsfield,  Illinois.  His  literary 
education  was  completed  by  his  graduation  at  Yale  University  in  the  class  of 
1875.  It  was  but  natural  that  a  man  of  his  splendid  intellectual  endowments 
should  turn  toward  a  professional  career,  and  in  the  Columbia  Law  School  of 
New  York  city  and  the  Chicago  Law  School  he  prepared  for  the  bar  and  was 

admitted  to  practice  in  1879. 

He  entered  upon  his  professional  career  in  Springfield,  Illinois,  and  dur- 


THE  BENCH  'AND  BAR  OF  ILLINOIS.  489 

ing  his  residence  there  served  as  a  member  of  the  general  assembly,  which 
elected  Hon.  John  M.  Palmer  to  the  United  States  senate,  making  the  nomina- 
tion speech  in  the  house  by  selection  of  the  Democratic  caucus.  There  is  no 
profession  which  furnishes  so  many  prominent  representatives  to  political  life 
as  the  law,  the  reason  for  which  is  obvious  and  requires  no  explanation.  The 
strongly  developed  power  of  analysis  that  enables  one  to  handle  the  intricate 
problems  of  jurisprudence  also  enables  him  to  solve  the  complex  questions  of 
statecraft  and  to  administer  the  affairs  of  office  where  so  many  interests  are 
involved.  Added  to  these  elements  in  Mr.  Jones  there  is  another  reason  why 
he  early  became  a  recognized  leader  in  the  ranks  of  his  party,  and  that  is  his 
brilliant  oratory.  He  has  a  ready  command  of  language,  is  logical,  entertain- 
ing and  convincing,  easy  in  his  delivery  and  never  fails  to  make  a  deep  im- 
pression on  his  hearers.  He  was  accorded  recognition  by  his  party  during 
President  Cleveland's  second  administration,  when  he  was  appointed  first  as- 
sistant postmaster  general.  It  is  a  well  attested  maxim  that  the  greatness  of  a 
state  lies  not  in  its  machinery  of  government,  nor  even  in  its  institutions,  but 
in  the  sterling  quaHties  of  its  individual  citizens,  in  their  capacity  for  high 
and  unselfish  effort  and  their  devotion  to  the  public  good,  and  in  his  official 
service  Mr.  Jones  has  manifested  a  public-spirited  loyalty  that  has  rendered 
him  a  capable  and  honored  servant  of  the  nation. 

In  September,  1897,  Mr.  Jones  came  to  Chicago,  where  he  has  since  en- 
gaged in  practice  in  connection  with  Edwin  F.  Uhl,  who  was  ambassador  to 
Germany  during  President  Cleveland's  second  administration,  and  Kenesavv 
M.  Landis,  who  was  private  secretary  to  Judge  Gresham,  when  the  latter  filled 
the  position  of  secretary  of  state.  Mr.  Jones  has  now  a  distinctively  repre- 
sentative clientage,  and  while  enjoying  a  lucrative  practice  has  also  won  the 
respect  of  his  professional  brethren,  who  esteem  him  for  his  courtesy  and  worth. 

Robert  Mather,  general  attorney  for  the  Chicago,  Rock  Island  &  Pacific 
Railway  Company,  ranks  among  the  able  members  of  the  legal  profession  in 
Chicago.  He  was  born  in  Salt  Lake  City,  Utah,  July  i,  1859,  and  completed 
his  literary  education  at  Knox  College,  Galesburg,  Illinois,  where  he  graduated 
in  the  class  of  1882.  In  October  of  that  year  he  came  to  Chicago,  where  for 
some  time  he  was  employed  in  the  office  of  the  treasurer  of  the  Chicago,  Bur- 
lington &  Quincy  Railroad. 

In  1884  ^^r.  IMather  became  a  student  in  the  office  of  McClellan  &  Cum- 
mins, well  known  attorneys  of  this  city,  and  was  admitted  to  the  bar  in  March, 
1886.  He  engaged  in  general  practice  until  1889,  when  he  accepted  the  posi- 
tion of  local  attorney  for  the  Chicago,  Rock  Island  &  Pacific  Railway  Com- 
pany. In  that  capacity  he  served  until  1894,  when  he  became  general  attorney. 
His  practice  is  largely  confined  to  railroad  and  corporation  law,  and  in  those 
^lepartments  he  has  been  concerned  in  some  important  litigation. 

Among  the  important  cases  which  he  has  tried  is  that  of  the  Chicago, 
Rock  Island  &  Pacific  Railway  Company  versus  City  of  Chicago  (Illinois  Re- 
ports, volume  143,  page  641 ;  Supreme  Court  of  Illinois,  volume  148,  page 
479).     In  this  case  the  supreme  court  condemned  the  practice,  which  in  Chi- 


490  THE  BEXCH  AND  BAR  OF  ILLINOIS. 

cago  had  grown  into  an  abuse,  of  abandoning  an  unsatisfactory  assessment 
of  damages  in  condemnation  proceedings  by  the  municipality  and  fiHng  a  new 
petition  to  obtain  a  re-assessment  by  another  jury.  The  holding  was  that  the 
first  assessment  was  conclusive  against  the  city  and  a  bar  to  a  second  proceed- 
ing:. 

In  Gatton  versus  the  Railway  Company  (Iowa  Reports,  volume  95,  page 
112),  Mr.  Mather's  contention  was  that  there  was  no  law,  prior  to  the  enactment 
of  the  inter-state  commerce  act,  which  could  regulate  the  charges  of  a  common 
carrier  for  transportation  from  state  to  state,  and  the  Iowa  supreme  court 
formulated  this  proposition  in  its  decision,  which  holds  that  there  is  no  com- 
mon law  of  the  United  States. 

Mr.  Mather  represented  the  appellant  in  Rhodes  versus  Iowa  (United 
States  Reports,  volume  170,  page  412),  where  the  United  States  supreme  court, 
reversing  State  versus  Rhodes  (Iowa  Reports,  volume  90,  page  496),  held  that 
the  federal  statute  known  as  the  Wilson  bill,  which  had  been  construed  to  per- 
mit the  states  to  prohibit  the  sale  of  imported  liquors  in  the  original  packages 
(In  re  Rahrer,  United  States  Reports,  volume  140,  page  545),  was  not  intended 
to  give  to  the  states  power  to  prohibit  the  importation  of  intoxicating  liquors, 
and  that  the  statute  of  Iowa  which  prohibited  carriers  from  bringing  such 
liquors  into  the  state  was  unconstitutional. 

At  the  twentieth  annual  meeting  of  the  American  Bar  Association,  held 
in  Cleveland,  Ohio,  August  26,  1897,  Mr.  Mather  read  a  paper  on  "Constitu- 
tional Construction  and  the  Commerce  Clause." 

Mr.  Mather  is  a  member  of  the  Union  League  Club,  the  Chicago  Club, 
the  Law  Club,  and  of  the  American,  the  Illinois  and  the  Chicago  Bar  Associa- 
tions. 

Judge  Axel  Chytraus  is  a  representative  American  citizen,  although  of  for- 
eign birth.  He  was  born  in  Sw^eden,  on  the  isth  of  September,  1859.  Nearly 
his  entire  life,  however,  has  been  passed  in  Chicago,  for  he  became  a  resident  of 
this  city  at  the  age  of  ten  years  and  has  since  made  the  western  metropolis  his 
home.  He  was  educated  in  the  public  schools,  and,  determining  to  devote  his 
life  work  to  the  most  exacting  of  all  the  learned  professions, — the  law, — he 
entered  upon  preparation  for  the  bar  as  a  student  in  the  law  office  of  Howe  & 
Russell.  His  abilities,  both  natural  and  acquired,  well  fit  him  for  this  calling. 
On  the  7th  of  November,  1881,  Mr.  Chytraus  was  admitted  to  the  bar  and  has 
since  been  engaged  in  active  practice.  He  was  for  a  time  a  member  of  the  firm 
of  Blanke  &  Chytraus,  and  subsequently  a  third  partner  was  taken  in, — Mr. 
Deneen.  After  a  time  Mr.  Blanke  was  elected  judge  of  the  superior  court  of 
Cook  county,  leaving  the  firm  Chytraus  &  Deneen,  which  partnership  is  still 
maintained.  In  November,  1898,  Mr.  Chytraus  was  elected  judge  of  the 
superior  court. 

His  professional  career  has  been  one  of  success  from  the  beginning.  He 
possesses  wonderfully  keen  analytical  power,  is  exhaustive  and  accurate  in  the 
preparation  of  a  case  and  fortifies  his  position  with  all  the  points  of  law  and 
precedent  that  will  strengthen  his  suit.     He  has  been  retained  as  counsel  on 


THE  BENCH  AND  BAR  OF  ILLINOIS,  491 

many  important  cases  tried  before  the  supreme  and  appellate  courts,  as  well 
as  the  lower  courts,  and  his  entire  attention  has  been  devoted  to  the  duties  and 
obligations  imposed  by  his  profession.  The  aim  of  his  eloquence  has  ever 
been  to  convince,  and  his  predominant  faculty  is  reason.  Such  characteristics 
go  far  toward  making  an  able  judge.  He  has  won  for  himself  very  favorable 
criticism  for  the  careful  and  systematic  methods  which  he  has  followed  and 
stands  well  with  his  brethren  of  the  bench  and  bar. 

On  the  23d  of  June,  1892,  Mr.  Chytraus  was  united  in  marriage  to  Miss 
Laura  Haugan,  daughter  of  H.  A.  Haugan,  president  of  the  State  National 
Bank,  of  Chicago,  and  he  holds  firmly  to  the  political  faith  of  the  Republican 
party. 

John  P.  Wilson,  the  senior  member  of  the  law  firm  of  Wilson,  Moore  & 
Mcllvaine,  of  Chicago,  was  born  on  his  father's  farm  in  Whiteside  county,  Illi- 
nois, July  3,  1844,  and  is  a' son  of  Thomas  and  Margaret  (.Laughlin)  Wilson, 
who  were  of  Scotch  descent,  although  the  mother  was  born  in  Pennsylvania. 
The  father,  however,  was  a  native  son  of  that  land  of  hills  and  heather,  and  in 

m 

1833  crossed  the  Atlantic  to  America,"  taking  up  his  residence  in  this  state. 
There  he  devoted  his  energies  to  farming  until  three  years  before  the  close  of 
his  life,  when  he  removed  to  Evanston.  The  residue  of  his  days  were  passed 
in  that  beautiful  suburb,  and  in  1883  he  was  called  to  the  "home  beyond." 

Upon  the  home  farm  John  P.  W^ilson  spent  the  days  of  his  boyhood  and 
youth,  aiding  in  the  labors  of  field  and  meadow  and  acquiring  a  preliminary 
education  in  the  district  schools  of  the  neighborhood.  His  love  of  study  and 
close  application  were  manifest  in  the  rapid  progress  which  he  made  in  the 
school-room,  and  in  his  leisure  hours  mental  advancement  was  attained  through 
extensive  reading,  so  that  at  the  age  of  seventeen  he  was  prepared  for  college. 
His  classical  training  was  received  in  Knox  College,  of  Galesburg,  Illinois, 
and  on  the  completion  of  the  regular  four-years  course  he  was  graduated,  in 
the  spring  of  1865,  winning  the  degree  of  Bachelor  of  Arts  before  he  had  at- 
tained his  twenty-first  birthday.  Through  the  two  succeeding  years  his  time 
was  partially  devoted  to  teaching,  but  aside  from  the  duties  of  the  school-room 
was  given  entirely  to  the  mastery  of  the  principles  of  jurisprudence,  in  which 
he  made  such  rapid  progress  that  in  1867  he  was  admitted  to  the  bar. 

Choosing  the  rapidly-growing  city  of  Chicago  as  a  field  for  his  professional 
labors  he  came  to  this  city  and  accepted  a  clerical  position  in  the  office  of  Bor- 
den, SpaflFord  &  McDaid,  a  leading  law  firm  of  the  city,  that  he  might  gain  a 
practical  knowledge  of  the  workings  of  the  courts  and  the  plans  of  procedure 
of  eminent  practitioners.  On  the  dissolution  of  the  firm  he  spent  two  years 
in  the  office  of  John  Borden,  and  in  1870  became  a  member  of  the  firfn  of 
SpaflFord,  McDaid  &  Wilson.  Several  changes  afterward  occurred  in  the  firm 
until  now  Mr.  Wilson  stands  at  the  head  of  the  firm  of  Wilson,  Moore  &  Mc- 
llvaine, whose  legal  talent  has  secured  to  its  members  a  foremost  position  at 
the  Chicago  bar.  Mr.  Wilson  has  for  many  years  made  a  specialty  of  real- 
estate  and  corporation  law,  two  of  the  most  important  branches  of  juris- 
prudence,  whose  complicated   interests   demand   ability  of  the   highest  order. 


492  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Some  of  the  most  prominent  business  men  and  corporations  of  the  city  are 
numbered  among  his  clients,  and  the  involved  cases  which  he  has  conducted 
to  successful  completion  have  shown  a  complete  masten,'  of  the  subject,  thor- 
ough and  precise  preparation  and  most  careful  and  diligent  research.  He  is 
so  well  versed  in  his  special  departments  of  the  law  that  his  knowledge  is  al- 
ways ready  tor  use,  and  his  familiarity  with  principle  and  precedent  is  one  of 
the  potent  elements  in  his  success. 

When  the  promoters  of  the  great  sanitary  district  of  Chicago  were  in  the 
midst  of  their  fight  to  secure  the  undertaking  of  that  stupendous  scheme  of 
civil  engineering  that  will  rank  among  the  first  of  the  world,  they  chose  Mr. 
Wilson  to  draft  the  law  which  created  it  and  retained  him  to  defend  its  con- 
stitutionality when  the  fight  was  on  in  that  direction.  His  success  is  now 
a  matter  of  common  knowledge.  So  also  in  1890,  when  the  World's  Columbian 
Exposition  Company  was  in  the  midst  of  its  vast  operations  to  put  that  greatest 
of  exhibitions  on  foot.  Mr.  Wilson  was  elected  general  counsel,  and  the  con- 
stitutional amendment  and  legislation  of  the  special  session  of  the  general  as- 
sembly of  1890  were  drafted  under  his  personal  supervision. 

A  contemporary  biographer  said  of  him :  "His  keen  analytical  powers 
amount  almost  to  a  genius  for  law.  He  is  essentially  a  natural  lawyer.  With 
a  power  for  concentration,  a  capacity  for  details,  and  a  comprehension  of  view, 
he  unites  a  will  for  application  that  knows  no  diversion  from  its  purpose  and  no 
hesitation  before  accomplishment.  Of  a  modest,  retiring  and  scholarly  dis- 
position, he  has  confined  himself  to  the  quieter  sides  of  life  and  devotion  to  his 
chosen  profession." 

Mr.  Wilson  was  married  on  the  25th  of  April,  1871,  to  Miss  Margaret  C. 
Mcllvaine,  daughter  of  J.  D.  Mcllvaine,  of  Chicago.  They  have  live  children: 
Margaret  C,  Martha.  John  P.,  .Anna  M.  and  Agnes. 

Lambert  Tree,  lawyer  and  diplomat,  was  born  in  the  capital  city  of  the 
nation,  November  29,  ]832.  and  from  that  city  has  been  sent  on  important  mis- 
sions abroad,  representing  his  country  at  two  of  the  important  courts  of  Europe. 
A  man  of  strong  mentality,  scholarly  tastes  and  breadth  of  thought,  he  is  we'd 
prepared  to  deal  with  the  intricate  and  delicate  problems  of  foreign  diplomacy 
and  with  the  complex  questions  of  the  law.  Two  of  his  great-grandfathers  were 
patriots  in  the  war  of  the  Revolution  and  one  of  them,  who  was  commander 
of  an  artillery  company,  was  killed  at  the  battle  of  Trenton. 

After  acquiring  a  liberal  classical  education  Judge  Tree  became  a  student 
in  the  law  office  of  James  Mandevillc  Carlisle,  then  the  leader  of  the  bar  of 
Washington.  He  continued  his  reading  under  the  direction  of  that  able  jurist 
for  two  years  and  then  continued  his  studies  in  the  University  of  \'irginia,  until 
his  admission  to  the  bar,  at  Washington,  in  1855.  A  few  months  later  he 
opened  an  office  in  Chicago,  and  no  dreary  novitiate  awaited  him.  for  his  ripe 
scholarship  and  splendid  legal  attainments  were  soon  recognized  and  gaineil 
him  a  large  clientele.  Whenever  public  duties  have  left  him  free  to  follow  his 
profession  he  has  enjoyed  an  extensive  business  of  the  higher  class  of  law- 
practice  and  has  gained   distinction  as  an  able  advocate  and   counselor.    In 


THE  BENCH  AND  BAR  OF  ILLINOIS,  493 

1864  he  was  elected  president  of  the  Chicago  Law  Institute,  and  in  1870  he  was 
chosen  to  fill  out  ,the  unexpired  term  of  Judge  McAllister,  who  was  at  that 
time  a  member  of  the  bench  of  the  circuit  court  of  Cook  county  and  was  elected 
to  the  supreme  court.  At  the  next  election  of  judges  for  the  full  term  Mr. 
Tree  was  elected  to  the  circuit  bench.  One  of  his  first  official  acts  after  as- 
suming the  ermine  was  to  instruct  the  grand  jury  to  investigate  charges  of 
malfeasance  in  office  against  members  of  the  city  council  and  upon  trustworthy 
evidence  to  indict  such  officials  and  bring  them  to  trial  at  the  bar  of  the  court. 
Numerous  indictments  were  found,  and  the  trials  that  followed  were  among 
the  most  exciting  in  the  history  of  this  bar  and  for  a  time  had  a  salutary  effect 
on  the  administration  of  municipal  affairs.  In  1875  Judge  Tree  resigned  his 
position,  for  his  close  application  to  his  arduous  duties  had  undermined  his 
health  and  he  sought  rest  and  recreation  in  Europe. 

Before  his  return  to  America,  in  1878,  Judge  Tree  was  nominated  for  con- 
gress in  the  fourth  district  of  Illinois,  by  the  Democrats,  and,  notwithstanding 
his  declination,  his  name  was  retained  on  the  ticket  and  he  received,  in  one  of 
the  Republican  strongholds  of  the  state,  a  vote  not  large  enough  to  elect  him, 
but  so  great  as  to  surprise  even  those  who  best  knew  his  personal  popularity. 
After  his  return  from  abroad  he  devoted  himself  to  law,  literature  and  the  man- 
agement of  his  private   interests.     In    1882  he  was  the   Democratic  nominee 
for  congress,  but  the  Republican  majority  in  the  district  was  too  strong  to 
overcome.     In  1884  he  was  chosen  a  delegate  at  large  to  the  Democratic  na- 
tional convention,   which  met  in   Chicago  and   nominated   Grover   Cleveland, 
by  whom,  in  July,  1885,  J^dg^  Tree  was  appointed  minister  to  Belgium.     In 
the  course  of  his  official  service  he  represented  the  United  States  government 
in   several  international  congresses  held  at   Binissels,  and  participated  in  the 
formation  and  execution  of  some  important  treaties,  one  of  which  provided  for 
the  exchange  of  parliamentary  and  other  public  documents  between  the  prin- 
cipal nations  of  Europe  and  the  United  States,  and  another  of  which  provided 
for  the  establishment  of  an  international  bureau  for  the  translation  and  publica- 
tion of  custom  tariffs  of  the  nations  of  the  world.     Judge  Tree,  in  1887,  also 
represented  our  government  in  the  international  congress  for  the  reform  of 
maritime  and  commercial  law, — a  notable  assemblage  of  representatives  of  all 
civilized  nations,  and  in  its  deliberations  the  American  member  won  universal 
respect  for  the  masterly  manner  in  which  he  looked  after  the  interests  of  his 
country.     In  September,  1888,  Judge  Tree  was  appointed  minister  to  Russia, 
but  in  1889  he  resigned  his  position  and  returned  to  his  native  land.     In  1891 
he  was  again  called  into  the  public  service,  by  President  Harrison,  who  ap- 
pointed him   the  Democratic   member  of  the   commission   of  three   members 
provided  by  congress  to  represent  the  United  States  in  the  international  mone- 
tary conference,  which  met  at  Washington, — it  being  required  by  the  law  that 
one  member  of  the  commission  should  be  of  the  Democratic  party.     Judge  Tree 
formulated  and  presented  to  the  conference  the  propositions  which  were  sub- 
sequently and  unanimously  adopted  by  it. 

From  1892  until  his  resignation  in  1896  he  was  president  of  the  Illinois 


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494  THE  BENCH  AND  BAR  OF  ILLINOIS, 

State  Historical  Library  Board.  At  present  he  is  a  life  trustee  of  the  Newberry 
Library.  The  honors  with  which  his  life  have  been  crowned  have  come  to 
him  in  recognition  of  real  worth  as  a  statesman,  a  lawyer  and  a  man. 

Oliver  H.  Horton,  who  on  the  15th  of  February,  1898,  was  appointed  by 
the  supreme  court  of  Illinois  to  the  appellate  bench,  has  won  distinguished 
honors  in  professional  life,  and  in  public  and  private  commands  the  uniform 
regard  of  all  with  whom  he  has  been  brought  in  contact.     Man's  worth  in  the 
world  is  determined  by  his  successes  and  his  usefulness;  the  estimate  of  his 
character  is  based  upon  what  he  has  accomplished  for  himself,  and  the  service 
he  has  rendered  to  others.     In  an  analyzation  of  the  Hfe  of  Judge  Horton 
we  find  that  in  both  particulars  his  is  a  well  rounded,  symmetrical  character. 
The  advantages  of  his  early  years  were  few,  but  he  made  for  himself  oppor- 
tunities and  utilized  the  difficulties  he  encountered  as  stepping-stones  to  higher 
things.     He  is  in  the  truest  and  best  sense  of  the  term  a  self-made  man,  and  the 
*'lumber-shover''  of  forty  years  ago  stands  to-day  among  the  most  eminent 
members  of  the  Chicago  bar,  honored  and  respected  alike  for  his  superior  legal 
wisdom   and   the  manly  virtues  which   everywhere  call   forth   admiration  and 
esteem.     He  is  a  jurist  by  reason  of  his  profound  knowledge  of  law,  a  scholar 
by  reason  of  his  familiarity  with  the  writings  of  master  minds  of  the  past  and 
present,  a  lecturer  by  reason  of  the  eloquent  and  exhaustive  addresses  he  has 
delivered  on  topics  of  general  interest,  and  a  Christian  gentleman  whose  in- 
terest in  his  fellow  men  is  broad,  deep  and  sincere. 

Judge  Horton  was  born  in  Cattaraugus  county,  New  York,  on  the  20th  ot 
October,  1835,  and  was  a  son  of  Rev.  Harvey  and  Mary  H.  Horton,  the  former 
a  native  of  Vermont  and  the  latter  of  Connecticut.  His  father  was  a  Baptist 
minister.  When  a  young  man  of  less  than  twenty  years  Judge  Horton  left  the 
east  and  took  up  his  residence  in  Chicago,  which  was  then  a  typical  western 
city,  hurriedly  and  unsubstantially  built,  but  containing  the  germs  of  develop- 
ment for  the  remarkable  metropolis  of  to-day. .  For  three  years  he  was  engaged 
in  the  lumber  business  and  during  that  time  realized  what  it  is  to  be  ill  and 
friendless  in  a  strange  city.  In  1859  he  went  to  the  south,  but  returned  after  a 
few  months,  and  in  i860  took  up  the  study  of  law  in  the  office  of  Hoyne,  Miller 
&  Lewis,  remaining  as  a  student  and  clerk  with  that  firm  until  January,  1864, 
when  the  partnership  was  dissolved.  A  new  firm  was  then  organized  under 
the  name  of  Hoyne,  Ayer  &  Horton,  the  partners  being  Thomas  Hoyne,  Benja- 
min F.  Ayer  and  Oliver  H.  Horton.  The  last  named  was  graduated  in  1863 
in  the  law  department  of  the  University  of  Chicago,  but  had  previously  been 
admitted  to  the  bar. 

In  1865  the  firm  of  Hoyne,  Ayer  &  Horton  was  dissolved  and  the  firm  oi 
Hoyne  &  Horton  formed,  while  on  the  ist  of  January,  1867,  another  change  in 
partnership  caused  the  assumption  of  the  firm  name  of  Hoyne,  Horton  & 
Hoyne,  Thomas  M.  Hoyne  having  been  admitted  as  a  partner.  That  connec- 
tion was  continued  until  the  death  of  the  senior  partner,  who  was  killed  in  a 
railway  accident  in  1883,  when  the  name  of  Horton  &  Hoyne  was  assumed. 
Four  vears  later  the  dissolution  of  the  partnership  resulted  from  Judge  Horton's 


THE  BENCH  AND  BAR  OF  H.LINO 

elevation  to  the  bench.     As  an  advocate  and  counselor  he 
best  in  the  city.     He  has  carried  his  investigation  and  reseat 
of  jurisprudence  far  and  wide,  and  his  accurate  knowledge  of 
ous  departments  is  remarkable.     In  the  preparation  of  his  g 
taking  and  exact,  and  his  grasp  of  the  strong  points  in  litigat 
tuitive.     He  advanced  rapidly  at  the  bar  and  soon  his  client 
and  extensive.     When  Mayor  Roche  was  called  to  the  chair 
of  this  municipality,  he  tendered  to  Judge  Horton  the  positi 
counsel.     The  two  gentlemen   were  not  personally  acquaint 
the  offer  was  a  tribute  to  the  worth  of  the  Judge  as  a  man  ai 
however,  declined  the  honor,  but  the  mayor  insisted,  saying  t 
would  suit  him,  and  finally  Mr.  Horton  said  that  he  would 
his  services  in  the  capacity  of  corporation  counsel  without  re 
Mr.  Roche  could  decide  upon  someone  who  would  be  satisf; 
and  party.     With  this  understanding  Judge  Horton  soon  aftei 
and  during  his  absence  a  telegram  from  a  friend  informed  hin 
had  sent  his  name  to  the  council.     By  telegraph  he  then  re 
name  be  withdrawn,  but  soon  received  another  dispatch  contair 
tion  that  he  had  been  unanimously  confirmed.     Thus  it  was  \ 
time  he  accepted  public  office,  having  many  times  before  declin 
that  direction. 

It  was  in  1887  that  Judge  Horton  was  first  called  to  wear  tl 
elected  a  judge  of  the  circuit  court  on  a  non-partisan  ticket,  « 
always  been  a  stanch  RepubHcan.  Again,  in  April,  1891,  he 
and  once  more,  on  a  non-partisan  ticket,  was  chosen  for  that 
1897,  presiding  over  the  court  with  a  dignity  and  impartiality 
tained  the  majesty  of  the  law.  He  was  thus  serving  when  he  i 
pointment  of  the  supreme  court  to  the  appellate  bench  of  tl 
diflferent  times  he  has  received  very  flattering  offers  from  law 
porations  to  resume  the  private  practice  of  law,  but  for  tweh 
remained  upon  the  bench.  In  the  hands  of  such  judges  the  indi 
feel  that  every  interest  is  safe  and  that  law  will  be  administered 
est  intelligence  and  with  a  keen  regard  for  equity.  A  man  of 
character,  of  unusual  intellectual  endowments,  with  a  thoron 
ing  of  the  law,  patience,  urbanity  and  industry.  Judge  Horton  to 
the  very  highest  qualifications  for  this  most  responsible  office 
of  government ;  and  his  record  as  a  judge  has  been  in  harmony 
as  a  man  and  a  lawyer,  distinguished  by  unswerving  integrity 
grasp  of  every  problem  that  has  presented  itself  for  solution, 
makes  a  success  in  the  discharge  of  his  multitudinous  delicat 
nilings  are  seldom  reversed,  and  before  whom  counsel  and  liti 
an  unshakable  confidence,  is  a  man  of  well  rounded  character, 
mind  and  strong  intellectual  attainments.  That  Judge  Horton 
such  a  jurist  is  a  universally  accepted  fact. 

He  has  presided  at  the  trial  of  many  cases  which  have  ha 


496  THE  BENCH  AND  BAR  OF  ILLINOIS. 

upon  the  general   welfare.     He  dissolved  the  injunction,  granted  by  another 
judge;  which  prevented  the  mayor  and  chief  of  police  from  interfering  with  the 
selling  of  pools  and  making  gamblers'  **books"  on  races  at  Garfield  park,  a 
decision  which  led  to  the  ultimate  closing  of  the  race  track,  which  was  regarded 
by  all  law-respecting  citizens  as  one  of  the  worst  gambling  institutions  in  the 
city.     He  was  associated  with  Judges  Tuley,  Tuthill  and  Burroughs  in  render- 
ing the  decision  which  made  possible  the  building  of  the  fine  Art  Institute  on 
the   lake  front.     In    1889   Mrs.   Sarah   Daggett,  who  owned  property  on  the 
opposite  side  of  the  street,  got  out  an  injunction  against  the  city,  restraining  the 
council  from  occupying  or  using  the  old  Inter-state  Exposition  Building;  and 
when  the  old  building  had  been  torn  down  and  work  begun  on  the  Art  Insti- 
tute she  souglit  to  enforce  that  injunction  and  was  upheld  by  a  decision  of 
Judge  Tuthill  in  her  favor.     Work  was  stopped  on  the  building  and  a  motion 
to  modify  the  injunction  was  made  in  the  circuit  court,  which  was  decided  in 
favor  of  the  Art  Institute,  thus  securing  to  the  city  one  of  its  most  desirable 
and  cherished  institutions. 

Judge  Horton's  opinions  are  ever  regarded  by  the  profession  as  models 
of  judicial  soundness,  and  at  the  same  time  he  has  the  keenest  consideration 
for  the  equity  of  the  case  and  often  tempers  justice  with  mercy.     He  is  a  man 
of  broad  humanitarian  principles,  which  lead  him  to  extend  to  a  guilty  one 
every  encouragement  and  aid  possible,  not  in  violation  of  the  principles  of 
justice,  to  become  a  respected  and  law-abiding  citizen.     In  this  he  displays 
somewhat  of  the  elements  of  the  reformer.     His  experiences   in  the  trial  of 
divorce  suits  has  led  him  to  take  an  advanced  stand  in  favor  of  remodeling  the 
law^  in  this  particular,  for  he  believes  that  the  protection  and  perpetuation  o{ 
the  home  is  the  buhvark  of  the  nation.     For  the  purpose  of  reform  in  the  matter 
of  divorces  Judge  Horton  introduced  into  the  state  legislature,  in  1889,  the 
following  bill :     ^'Whenever  the  judge,  upon  hearing  the  evidence  upon  a  bill 
for  divorce  taken  as  confessed,  shall  be  satisfied  of  any  collusion,  or  suppres- 
sion of  facts,  or  that  the  public  good  or  the  due  administration  of  justice  may 
be  promoted  thereby,  such  judge  may  appoint  a  solicitor  to  represent  the  de- 
fendant and  continue  the  hearing  as  such  judge  may  see  fit.     *     *     *     When- 
ever a  divorce  is  granted  in  any  case,  the  court  shall,  by  its  decree,  fix  periods 
within  which  the  parties  respectively  shall  not  thereafter  again  marry,  which 
shall  not  be  less  than  one  year  nor  more  than  ten  years  as  to  either  of  the 
parties,  and  may  not  be  the  same  as  to  both.     Any  party  to  such  decree  who 
shall  marry  after  the  entry  thereof,  and  before  the  expiration  of  the  time  fixed 
by  such  decree  within  which  he  or  she  shall  not  marry,  shall  be  guilty  of  big- 
amy under  the  law  of  this  state  and  be  punished  accordingly." 

Judge  Horton  is  also  an  advocate  of  reform  in  the  courts.  He  believes 
that  judicial  office  should  have  nothing  to  do  with  politics;  that  the  salaries 
should  be  raised  to  ten  thousand  dollars ;  that  the  tenure  should  be  for  life  or 
during  good  behavior,  with  a  pension  after  fifteen  years  of  service,  or  when  the 
judges  reach  the  age  of  seventy;  that  the  judges  should  not  have  the  power 
of  appointing  other  officers,  including  justices  of  the  peace,  which  action  would 


THE  BENCH  AND  BAR  OF  ILLINOIS,  497 

divorce  the  courts  from  politics  effectually  and  irrevocably ;  and  that  the  courts 
should  be  self-supporting  by  means  of  a  fee  bill  which  would  make  the  costs 
payable  by  the  litigants  and  not  by  taxation  of  the  general  pubHc. 

An  interesting  fact  in  Judge  Horton's  career  is  that  for  twenty-seven  years 
he  occupied  an  office  on  the  same  lot.  He  went  into  that  office  as  a  boy,  swept 
it  out  and  polished  up  the  handle  of  the  door,  and  left  it  as  senior  partner  of  one 
of  the  most  prominent  law  firms  of  the  city  to  go  upon  the  bench. 

Judge  Horton  has  ever  been  an  advocate  and  patron  of  education  and 
aesthetic  culture.  For  over  a  quarter  of  a  century  he  has  been  a  valued  member 
of  the  Chicago  Literary  Club;  is  one  of  five  members  composing  the  board  of 
trustees  of  the  Lewis  Institute ;  is  one  of  the  six  members  of  the  board  of  trus- 
tees of  the  Garrett  Biblical  Institute;  is  the  first  vice-president  of  the  board 
of  trustees  of  the  Northwestern  University;  served  as  one  of  its  trustees  for 
over  twenty  years,  and  has  been  a  member  of  its  executive  Committee  for 
nearly  the  same  time.  Judge  Horton  is  an  orator  of  many  pleasing  qualities, 
and  his  breadth  of  thought  and  culture  enables  him  to  please  and  at  the  same 
time  instruct  the  most  critical  audiences.  On  the  26th  of  March,  1889,  he 
delivered  before  the  Marquette  Club,  of  which  he  is  an  honorary  member,  an 
eloquent,  patriotic  and  logical  address  on  **The  Protected  Ballot  Box."  He 
has  also  frequently  addressed  the  Medico-Legal  Society,  of  which  he  was  a 
charter  member,  and  of  which  he  served  as  president  in  1892.  He  is  a  member 
of  the  Athletic  Club,  the  Glen  View  Golf  Club,  Quebec  Golf  Club,  Forty  Club, 
Hamilton  Club  and  the  Sunset  Club,  and  he  possesses  in  a  high  degree  that 
quality  of  good-fellowship  which  makes  him  a  valued  addition  to  the  society 
ranks.  He  belongs  to  the  Veteran  League  Club  and  has  been  a  member  of  the 
Union  League  Club  since  its  organization.  He  was  chairman  of  its  committee 
on  political  action  at  the  time  the  election  law  was  passed, — in  fact  was  the 
author  of  the  same  and  did  much  to  secure  its  adoption.  He  was  the  first  presi- 
dent of  the  Alumni  Association  of  the  Union  College  of  Law,  is  a  member  of 
the  Bar  Association,  and  for  several  years  was  treasurer  and  afterward  president 
of  the  Law  Institute. 

Judge  Horton  was  for  many  years  actively  connected  with  the   Young 

Men's  Christian  Association  as  a  director,  held  the  office  of  vice-president  for  a 

number  of   years  and   was   chairman   of  the   lecture   committee.     For   nearly 

twenty  years  he  was  a  member  of  Grace  Methodist  Episcopal  church,  in  which 

he  held  every  position  to  which  a  layman  is  eligible.     He  was  trustee  of  the 

Chicago  missionary  and  church-extension  societies,  in  1880  was  sent  as  a  lay 

delegate  to  the  general  conference,  which  met  in  Cincinnati,  and  the  next  year 

was  elected  a  lay  delegate  to  the  ecumenical  conference  which  met  in  London, 

England.     For  twelve  years   he  was   superintendent  of  the  Sunday-school   of 

Grace  church,  during  which  time  it  had  a  larger  membership  than  any  other 

home  school  west  of  the  Alleghanies.     When  the   great  fire  swept  over  the 

city  in  1871,  of  the  twelve  hundred  members  of  the  school  all  but  sixteen  were 

rendered  homeless,  and  of  the  members  of  the  congregation  all  but  two.     After 

the  fire  Judge  Horton  worked  hard  to  reunite  the  scattered  children,  and  it  was 
22 


498  THE  BENCH  AND  BAR  OF  ILLINOIS. 

not  long  before  the  school  was  as  large  as  ever.  For  three  years  he  was  presi- 
dent of  the  Methodist  Social  Union,  is  president  of  the  Laymen's  Association 
of  the  Rock  River  conference,  president  of  the  Superannuates'  Relief  Associa- 
tion, and  trustee  of  the  Wesley  Hospital.  He  is  now  an  attendant  on  the 
services  of  the  Trinity  Methodist  church. 

The  Judge  was  married  December  27,  1857,  to  Miss  Frances  B.  Gould, 
who  came  from  New  York  to  Chicago  in  early  childhood  and  has  ever  since 
resided  here.     They  have  had  two  children,  but  they  have  passed  away. 

In  private  life  and  public  office  Judge  Horton  is  always  the  same  reliable, 
honorable  man  and  citizen, — affable,  yet  firm  in  maintaining  what  he  regards 
to  be  right  and  in  the  expression  of  his  sentiments,  however  much  they  may 
antagonize  those  of  other  people.  No  one  ever  leaves  him  in  doubt  as  to  his 
position  upon  any  question  of  business  or  politics ;  and  no  one  ever  has  reason 
to  question  his  perfect  sincerity  in  any  expression  he  may  make  or  any  position 
he  may  take.  If  his  word  can  be  secured,  it  is  as  good  as  any  bond  that  was 
ever  solemnized  by  signature  and  seal ;  if  his  friendship  can  be  won — and  worth 
can  always  win  it — it  is  as  loyal  as  truth  is  to  itself ;  and  if  social  order  or  social 
advancement  needs  a  support  that  never  weakens,  it  can  find  it  in  him.  He 
never  weighed  an  act  of  his  life,  public  or  private,  in  the  scale  of  sinister  policy. 

Almon  W.  Bulkley  has  practiced  law  at  the  Chicago  bar  through  a  period 
of  eighteen  years,  and  his  comprehensive  legal  learning,  his  able  application 
of  law  principles  to  litigated  questions  and  his  fidelity  to  the  interests  of  clients 
have  contributed  to  the  enviable  success  which  crowns  his  well  directed  efforts. 
He  was  born  in  Groton,  New  York,  April  13,  1852,  coming  of  distinguished 
ancestry  connected  with  one  of  the  oldest  families  both  of  this  country  and 
England.  The  original  etymology  of  the  name  was  Buclogh,  changed  in  the 
thirteenth  century  to  Bulkeley  and  modified  four  centuries  later  by  the  omis- 
sion of  the  first  e.  The  complete  record  of  the  family  begins  with  Robert, 
Lord  of  Bulkeley,  county  of  Cheshire,  England.  For  several  centuries  his 
descendants  lived  and  prospered  in  Cheshire  and  other  parts  of  England.  They 
were  lords  and  nobles,  bishops  and  canons  of  the  church,  all  celebrated  for 
their  great  wealth  and  nobility  of  character. 

The  founder  of  the  American  branch  of  the  family  was  Rev.  Peter  Bulk- 
ley,  who  was  born  in  Odell,  Bedfordshire,  England,  January  31,  1583,  and  died 
in  Concord,  Massachusetts,  March  9,  1659.  He  was  educated  at  St.  John's 
College,  Cambridge,  where  he  afterward  became  a  fellow.  Later  he  took  or- 
ders and  succeeded  to  the  living  of  his  father,  in  Odell,  where  he  remained 
for  twenty-one  years,  when  he  was  silenced  for  non-conformity.  In  1635  he 
sold  his  estates  and  emigrated  to  America.  After  several  months  spent  in 
Cambridge,  Massachusetts,  he  made  his  way  into  the  interior  and  foundea 
the  town  of  Concord,  where  he  established  the  first  church  in  1636  and  lived 
until  his  death.  Three  of  his  five  sons  emigrated  to  Fairfield,  Connecticut, 
where  the  grandfather  of  this  sketch  was  born.  From  this  stock  is  descended 
Almon  W.  Bulkley,  son  of  Lorenzo  and  Juliette  A.  (Coonley)  Biulkley.  His 
mother  was  of  Holland  Dutch  lineage. 


^6y^. 


500  THE  BENCH  AND  BAR  OF  ILLINOIS. 

and  the  development  of  nations  and  governments  there  has  been  evolved   a 

system  of  rules  and  principles  founded  tipon  the  rights  of  the  individual  and  his 

relation  to  society.     ?<'  •'"■  ;■>•"——'■'  "f  I'f-  i.—-.  k-.^^™„  ™^,=  k-^^-i  ^^a  ,.^^:^a 

new  laws  have  been 

of  the  times;  and  ea 

has  become  a  part  of 

of  right   and   justice. 

of  jurisprudence  have 

prehensive  has  this  b 

vote  his  energies  to  a 

thus  it  is  that  we  hav^ 

chosen  branches  of  j 

belongs  to  this  class. 

He  was  bom  in 
He  is  a  son  of  Elam 
and  maternal  sides  ii 
with  America  em  brae 
country.  John  Bead 
early  as  1639,  and  1 
great-grandfather  of  1 
powder  horn,  which 
ried  by  the  grandfatl 
is  now  in  possession 
born  in  Connecticut 
cultural  pursuits.  H 
York,  in  1818.  and  h 
seventy- seven  years. 

His  wife  was  a 
army,  who  served  th 
cestry  back  to  Capta 
colonies  about  1660, 
a  Puritan,  and  was  { 
annals  of  colonial  his 

Reared  on  a  fan 
of  field  and  meadow, 
tional  privileges,  goi 
summers.  At  the  a^ 
Ambitious  to  secure 
slow  to  appreciate,  h 
College,  at  Clinton,  I 
in  1853.  Immediate! 
matics  in  the  Brockp 
he  remained  tor  one 
Academy.  This  posi 
profession  of  law,  h( 


THE  BENCH  AND  BAR  OF  H.LINOIS,  495 

elevation  to  the  bench.  As  an  advocate  and  counselor  he  ranked  among  the 
best  in  the  city.  He  has  carried  his  investigation  and  research  into  the  realms 
of  jurisprudence  far  and  wide,  and  his  accurate  knowledge  of  the  law  in  its  vari- 
ous departments  is  remarkable.  In  the  preparation  of  his  cases  he  was  pains- 
taking and  exact,  and  his  grasp  of  the  strong  points  in  litigation  was  almost  in- 
tuitive. He  advanced  rapidly  at  the  bar  and  soon  his  clientele  was  distinctive 
and  extensive.  When  Mayor  Roche  was  called  to  the  chair  of  chief  executive 
of  this  municipality,  he  tendered  to  Judge  Horton  the  position  of  corporation 
counsel.  The  two  gentlemen  were  not  personally  acquainted,  and  therefore 
the  offer  was  a  tribute  to  the  worth  of  the  Judge  as  a  man  and  a  citizen.  He, 
however,  declined  the  honor,  but  the  mayor  insisted,  saying  that  no  other  man 
would  suit  him,  and  finally  Mr.  Horton  said  that  he  would  give  to  the  city 
his  services  in  the  capacity  of  corporation  counsel  without  remuneration  until 
Mr.  Roche  could  decide  upon  someone  who  would  be  satisfactory  to  himself 
and  party.  With  this  understanding  Judge  Horton  soon  afterward  went  south 
and  during  his  absence  a  telegram  from  a  friend  informed  him  that  the  mayor 
had  sent  his  name  to  the  council.  By  telegraph  he  then  requested  that  his 
name  be  withdrawn,  but  soon  received  another  dispatch  containing  the  informa- 
tion that  he  had  been  unanimously  confirmed.  Thus  it  was  that  for  the  first 
time  he  accepted  public  oflSce,  having  many  times  before  declined  all  honors  in 
that  direction. 

It  was  in  1887  that  Judge  Horton  was  first  called  to  wear  the  ermine,  being 
elected  a  judge  of  the  circuit  court  on  a  non-partisan  ticket,  although  he  has 
always  been  a  stanch  Republican.  Again,  in  April,  1891,  he  was  re-elected, 
and  once  more,  on  a  non-partisan  ticket,  was  chosen  for  that  office  in  April, 
1897,  presiding  over  the  court  with  a  dignity  and  impartiality  that  fully  sus- 
tained the  majesty  of  the  law.  He  was  thus  serving  when  he  received  the  ap- 
pointment of  the  supreme  court  to  the  appellate  bench  of  this  district.  At 
different  times  he  has  received  very  flattering  offers  from  law  firms  and  cor- 
porations to  resume  the  private  practice  of  law,  but  for  twelve  years  he  has 
remained  upon  the  bench.  In  the  hands  of  such  judges  the  individual  and  state 
feel  that  every  interest  is  safe  and  that  law  will  be  administered  with  the  broad- 
est intelligence  and  with  a  keen  regard  for  equity.  A  man  of  unimpeachable 
character,  of  unusual  intellectual  endowments,  with  a  thorough  understand- 
ing of  the  law,  patience,  urbanity  and  industry.  Judge  Horton  took  to  the  bench 
the  very  highest  qualifications  for  this  most  responsible  office  in  the  system 
of  government;  and  his  record  as  a  judge  has  been  in  harmony  with  his  record 
as  a  man  and  a  lawyer,  distinguished  by  unswerving  integrity  and  a  masterful 
grasp  of  every  problem  that  has  presented  itself  for  solution.  The  judge  who 
makes  a  success  in  the  discharge  of  his  multitudinous  delicate  duties,  whose 
rulings  are  seldom  reversed,  and  before  whom  counsel  and  litigant  come  with 
an  unshakable  confidence,  is  a  man  of  well  rounded  character,  finely  balanced 
mind  and  strong  intellectual  attainments.  That  Judge  Horton  is  regarded  as 
such  a  jurist  is  a  universally  accepted  fact. 

He  has  presided  at  the  trial  of  many  cases  which  have  had  direct  bearing 


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THE  BENCH  AND  BAR  OF  ILLINOIS,  501 

upon  the  study  of  law.  In  1856  he  went  to  Dubuque,  Iowa,  where  he  was  ad- 
mitted to  the  bar  and  practiced  with  great  success  until  1888. 

Coming  to  Chicago  in  that  year,  his  marked  ability  soon  gained  him 
enviable  prestige  at  the  bar  of  Illinois.  No  dreary  novitiate  awaited  him  here, 
for  it  is  merit  alone  that  wins  advancement  in  the  legal  profession,  and  the 
public  were  not  long  in  recognizing  that  Mr.  Beach  was  not  lacking  in  that 
regard.  The  controversies  in  the  co.urts, — especially  in  the  line  of  corporation 
and  insurance  law,  have  frequently  been  represented  on  the  one  side  or  the 
other  by  our  subject,  whose  thorough  preparation  and  skillful  presentation  of 
his  cases  is  indicated  by  the  ease  with  which  he  handles  the  matter  in  the 
courtroom,  parrying  every  attack  and  at  the  same  time  marshaling  his  points 
of  fact,  evidence  and  law  with  the  precision  of  a  general  on  the  field  of  battle. 
He  has  won  many  notable  suits,  and  the  legal  fraternity,  as  well  as  the  public, 
accords  him  high  rank  among  the  successful  lawyers  who  have  won  fame  both 
at  the  Iowa  and  the  Illinois  bar.  Many  of  the  cases  he  has  tried  and  won 
have  become  and  are  leading  cases  in  constitutional,  real-estate  and  corpora- 
tion law,  as  well  as  the  laws  of  insurance,  negligence  and  insanity. 

Mr.  Beach  was  married  to  Miss  Helen  M.  Hoskins,  of  Seneca  Falls,  New 
York,  in  1857.     They  have  three  sons. 

Mr.  Beach  is  a  member  of  the  Presbyterian  church  and  the  Union  League 
Club.  He  manifested  his  loyalty  to  the  country  during  the  war  of  the  Re- 
bellion by  faithful  service  in  the  Union  army,  as  a  member  of  the  Forty- 
fourth  Regiment  of  Iowa  Infantry,  and  is  now  a  companion  of  the  Illinois 
Commandery  of  the  Loyal  Legion  and  a  member  of  the  Grand  Army  of  the 
Republic.  Reared  in  the  political  faith  of  the  Whig  party,  when  it  ceased  to 
exist  he  joined  the  Republican  party,  and  has  since  given  to  it  an  active, 
unwavering,  earnest  and  intelligent  support.  While  a  man  of  independent  and 
positive  opinions,  and  not  in  accord  with  corrupt  machine  methods,  he  has 
never  been  a  mugwump.  He  is  a  man  of  scholarly  tastes  and  attainments, 
especially  in  mathematics,  science  and  history,  and  he  possesses  one  of  the  best 
selected  private  libraries  in  the  city. 

John  G.  Shortall. — When  Horace  Greeley,  in  1854,  uttered  the  now 
famous  words,  "Go  west,  young  man ;  go  west,"  his  advice  was  followed  to  good 
purpose  by  at  least  one  ambitious  young  lad.  At  that  time  John  G.  Shortall 
was  in  Mr.  Greeley's  employ,  an  attache  of  the  New  York  Tribune,  and  had 
been  for  some  time  in  daily  association  with  that  eminent  American,  and  his 
associates,  Charles  A.  Dana,  Bayard  Taylor,  George  Ripley,  George  M.  Snow 
and  others,  profiting  by  their  friendly  counsel  and  ripe  experience  and  uncon- 
sciously laying  the  foundation  of  a  successful  business  and  professional  life. 

Mr.  Shortall,  who  is  the  eldest  son  of  John  Shortall,  of  county  Kilkenny, 
and  Charlotte  (Towson)  Shortall,  of  county  Dublin,  Ireland,  was  born  in 
Dublin,  September  20,  1838.  He  was  brought  to  America  when  six  years  old, 
the  family  settling  in  New  York.  While  but  a  mere  boy,  Mr.  Shortall's  parents 
died,  and  he  earned  his  own  living  in  the  service  of  the  Tribune  and  Horace 
Greeley  until  he  came  west  in  1854.     His  first  occupation  in  the  west  was  in 


502  THE  BENCH  AND  BAR  OF  ILLINOIS. 

connection  with  the  survey  and  completion  of  the  Illinois  Central  Railway  be- 
tween Scales  Mound  and  Galena,  after  which  he  returned  to  Chicago  and  was 
employed  on  the  Chicago  Tribune  until  he  was  engaged  by  the  late  J.  Mason 
Parker,  of  Boston,  an  accomplished  lawyer,  to  assist  him  in  his  compilation  oi 
the  real-estate  abstracts  or  digests  of  the  land  records,  and  began  the  study  of 
the  law.  He  applied  for  admission  to  the  bar  and  was  admitted  in  1894.  In 
1856,  upon  their  completion,  Mr.  Shortall  leased  the  Parker  abstract  books  or 
records,  and  began  the  making  of  abstracts  of  real-estate  titles,  and  after- 
ward, in  1 86 1,  purchased  the  same.  In  1864  Louis  D.  Hoard  became  asso- 
ciated with  him,  and  the  firm  name  became  Shortall  &  Hoard,  and  so  continued 
until  the  merging  of  his  firm's  property  with  the  abstract  books  of  Chase 
Brothers  and  Jones  &  Sellers,  in  1872,  these  being  the  properties  now  of  The 
Title  Guaranty  and  Trust  Company,  of  which  Mr.  Shortall  is  a  director.  The 
saving  of  these  invaluable  records  and  abstract  books  during  the  great  fire  in 
1871,  under  the  immediate  direction  of  Mr.  Shortall,  constitutes  one  of  the  most 
exciting  incidents  of  that  memorable  event  and  is  well  described  in  the  history 
of  the  fire. 

Since  his  retirement  from  active  business,  in  1872,  Mr.  Shortall  has  devoted 
himself  mainly  to  charitable,  educational  and  humanitarian  work.  He  is  deeply 
interested  in  musical  matters  and  has  served  as  a  director  of  the  early  Chicago 
Philharmonic  Society,  and  for  many  years  as  president  of  the  Beethoven 
Society.  He  has  also  been  among  the  foremost  in  fostering  the  fine  arts  and 
has  taken  a  high  position  in  literary  circles,  as  many  of  his  writings  in  the 
best  publications  of  the  day  attest.  He  was  for  a  number  of  years  president  of 
the  board  of  directors  of  the  Chicago  Public  Library. 

It  is  as  a  humanitarian  and  philanthropist,  however,  that  he  has  won  his 
highest  honors.  For  many  years  Mr.  Shortall  has  directed  the  important  work 
of  the  Illinois  Humane  Society.  The  society,  which  is  now  the  greatest  or- 
ganized force  for  the  suppression  of  cruelty  and  oppression  in  the  west,  was 
formed  in  1869,  and  until  Mr.  Shortall  took  charge  of  its  affairs  was  an  en- 
thusiastic group  of  willing  workers,  but  comparatively  limited  in  scope  and 
means.  In  1879,  ^^  his  earnest  solicitation,  the  society's  work  was  extended 
to  include  the  protection  of  children  as  well  as  animals,  and  in  this  compre- 
hensive direction  now  stands  without  a  rival.  Mr.  Shortall  is  an  honorary 
member  of  the  Pennsylvania  Society  for  the  Prevention  of  Cruelty  to  Animals, 
and  has  also  been  president  of  the  American  Humane  Association,  organized 
at  his  suggestion  in  Cleveland,  Ohio,  in  1877. 

He  is  an  independent  in  politics,  and  as  a  moving  spirit  in  the  Municipal 
Reform  Club  and  Citizens'  Association  has  accomplished  much  in  the  way  of 
securing  a  purification  of  the  civil  service.  Patriotism  is  one  of  the  distin- 
guished characteristics  of  the  Shortall  family  and  found  an  ardent  example 
in  Mr.  Shortall's  only  brother.  Pierce,  who  served  for  four  years  in  the  civil 
war,  and  was  killed  in  the  last  battle  of  that  unfortunate  and  regretful  contest. 
In  everything  that  tends  to  the  advancement  of  his  fellow  men,  and  the  liberal- 
izing of  society  upon  broad  and  benevolent  principles,  Mr.  Shortall  is  a  man 


THE  BENCH  AND  BAR  OF  ILLINOIS.  503 

of  the  world.  Years  of  travel  and  observation  in  this  country  and  Europe 
have  broadened  and  improved  a  naturally  liberal  and  cultured  mind.  In  all 
matters  pertaining  to  Christianity  Mr.  Shortall  is  governed  by  the  same  uni- 
formly liberal  and  just  ideas.  By  birth  and  profession  he  is  an  Episcopalian, 
and  constant  in  his  support  of  the  church  as  of  the  highest  educational  value 
and  to  be  sustained  upon  economic  as  well  as  religious  grounds;  and  yet  so 
great  was  his  admiration  for  the  advanced  liberalism  and  broad  Christianity  of 
Prof.  David  Swing  that  he  was  not  only  one  of  the  first  men  in  Chicago  to 
guarantee  the  support  of  the  Central  Church,  but  continued  thenceforward  a 
constant  attendant  on  its  services  until  the  death  of  that  eminent  divine.  In 
all  these  relations,  to  home,  society,  to  church  and  state,  we  may  fairly  desig- 
nate Mr.  Shortall  as  standing  among  the  men  of  Chicago  who  have  made  it, — 
who  have  so  honorably  acquitted  themselves  as  to  be  entitled  to  distinction  as 
its  representative  men  in  the  best  sense  of  that  term.  Mr.  Shortall  was  mar- 
ried on  September  5,  1861,  to  Mary  Dunham  Staples,  eldest  daughter  of  John 
N.  Staples,  of  Chicago,  by  whom  he  has  one  son,  John  Louis,  who  was  born 
in  1865.     Mrs.  Shortall  died  August,  1880,  beloved  by  all  who  knew  her. 

M.  Lester  Coffeen,  of  the  well  known  law  firm  of  Tenney,  McConnell, 
Coffeen  &  Harding,  is  a  native  of  the  Empire  state,  and  has  been  a  resident  of 
Chicago  since  1869.  He  was  educated  in  Normal,  Illinois,  and  pursued  his 
legal  studies  in  the  old  Chicago  University,  in  which  institution  he  was  gradu- 
ated w^ith  the  class  of  1 871.  For  a  few  years  thereafter  he  read  law  in  the 
office  of  Van  Arman  &  Vallette  and  learned  the  practical  working  of  the  courts, 
being  thus  prepared  by  experience  as  well  as  theoretical  knowledge  for  the 
duties  of  his  profession.  For  a  number  of  years  he  served  as  deputy  clerk 
of  the  superior  court,  acceptably  filling  that  position. 

About  1879  Mr.  Coflfeen  formed  a  copartnership  for  the  practice  of  law  with 
Emery  A.  Storrs,  which  connection  was  continued  for  about  a  year,  when  Mr. 
Coflfeen  took  up  the  practice  alone,  being  associated  with  no  partner  until 
1887.  In  that  year  he  became  a  member  of  the  firm  of  Tenney,  Bashford  & 
Tenney,  of  which  firm  the  late  Judge  George  Driggs  was  at  one  time  a  member, 
as  was  also  Judge  William  E.  Church,  under  the  firm  name  of  Tenney,  Church 
&  CoflFeen.  In  1895  Judge  McConnell  resigned  from  the  bench  and  became  a 
member  of  the  present  firm  of  Tenney,  McConnell  &  Coflfeen,  Mr.  Harding 
being  admitted  to  a  partnership  since  that  time.  This  firm  does  a  general  law 
practice,  its  members  being  all  men  of  pronounced  ability. 

Mr.  Coflfeen  has  enjoyed  a  fair  share  of  the  more  important  practice  of  the 
city,  and  has  conducted  to  a  successful  issue  Htigation  that  has  awakened 
widespread  attention.  He  is  well  prepared  for  practice  by  a  thorough  under- 
standing of  the  principles  of  jurisprudence,  and  his  ability  to  apply  them  to 
the  contested  points  has  been  shown  on  various  occasions,  when  he  has  served 
as  counsel  or  advocate  in  important  legal  interests.  He  is  popular  in  pro- 
fessional circles  and  has  served  as  a  member  of  the  Board  of  Managers  of  the 
Chicago  Bar  Association,  in  which  he  takes  an  active  interest.     He  is  also  a 


504  THE  BENCH  AND  BAR  OF  ILLINOIS. 

member  of  the  Chicago  Chib  and  the  Country  Club  of  Evanston,  and  occupies 
an  enviable  place  in  social  as  well  as  legal  circles. 

Theodore  G.  Case. — The  inevitable  law  of  destiny  accords  to  tireless  energy 
and  industry  a  successful  career,  and  in  no  field  of  endeavor  is  there  greater  op- 
portunity for  advancement  than  in  that  of  law, — a  profession  whose  votaries 
must,  if  successful,  be  endowed  with  native  talent,  sterling  rectitude  of  character 
and  singleness  of  purpose,  while  equally  important  concomitants  are  close 
study,  careful  application  and  broad  general  knowledge,  in  addition  to  that  of 
a  more  purely  technical  order. 

In  the  Chicago  Law  Journal  appeared  the  following  record  of  this  well 
known  attorney :  "There  are  lawyers — and  lawyers.  The  subject  of  this 
sketch  is  a  lawyer,  as  evidenced  by  his  numerous  successes  in  his  professional 
career  before  court  and  jury  cases  equal  in  importance  and  effect  to  any  found 
in  the  recent  Reports." 

Theodore  G.  Case  was  bom  in  Castleton,  New  York,  July  13,  1853,  where 
he  received  an  academic  education.  In  the  early  '70s  he  engaged  in  railroad 
construction  for  a  brief  time  in  Texas,  but  soon  returned  to  his  native  state  and 
devoted  himself  thinkingly  to  the  study  of  the  law, — first  with  Linn  &  Babbitt 
of  Jersey  City,  and  afterward  with  Hon.  William  M.  Evarts,  in  whose  offices  he 
acquired  the  practical — essential — part  of  his  profession,  and  at  the  same  time 
took  a  full  course  in  the  law  school  of  the  University  of  New  York,  in  which 
he  graduated  with  special  credit. 

In  1878,  as  one  of  the  solicitors  of  the  Farmers'  Loan  &  Trust  Company, 
he  was  specially  assigned  to  conduct  the  foreclosure  of  the  company's  first  and 
second  mortgages  upon  the  Green  Bay  &  Minnesota  Railway  Company's  rail- 
road and  other  appurtenances  in  Wisconsin.     These  cases  were  stoutly  con- 
tested, some  of  the  best  talent  of  the  state  appearing  for  the  defendant,  but 
Mr.  Case  succeeded  in  obtaining  a  decree  for  his  client  for  six  million  and  three 
hundred  thousand  dollars.     While  practicing  at  Green  Bay  Mr.  Case  was  en- 
gaged in  nearly  all  the  leading  cases  in  the  courts,  the  most  important  one 
being  that  of  Jennings  versus  the  Green  Bay  &  Minnesota  Railway  Company, — 
Wisconsin    Reports,   volume   48,   page   549, — in   which   the   supreme    court  of 
Wisconsin  sustained  Mr.  Case's  contention  that  a  mandamus  would  lie  against 
a  municipality  to  enforce  issuance  of  bonds  voted  to  aid  the  building-  of  a  rail- 
road.    This  was   a  case  of  first   impression,   and  has   been  accorded    general 
recognition  by  other  state  and  federal  courts. 

In  1884  Mr.  Case  resigned  his  position  with  the  Wisconsin  Railroad  and 
moved  to  St.  Louis,  having  been  retained  by  the  bond-holders  of  the  St.  Louis, 
Hannibal  &  Keokuk  Railroad  Company.  The  duties  of  this  position  were 
unusually  complex  and  onerous,  requiring  all  the  tact  and  ability  of  the  most 
resourceful  lawyer.  In  the  litigation  in  which  Mr.  Case  was  engaged  soon  after 
locating  in  St.  Louis,  he  had  pitted  against  him  such  clever  and  doughty 
lawyers  as  John  B.  Henderson,  Charles  Johnson,  Patrick  Dyer,  B.  Gratz 
Brown  and  others  of  equal  power  and  prestige.  The  results  are  found  in  many 
pages   of   the   early   Federal    Reports,   beginning  with   the   twenty-second,  in 


THE  BENCH  AND  BAR  OF  ILLINO, 

which,  on  pages  36,  471  and  769,  the  signal  success  of  Mr.  C 
icled.  The  opinion  of  Justice  Brewer,  of  the  United  States 
page  471,  in  the  case  of  Blair,  trustee,  etc.,  versus  the  St.  I 
Keokuk  Railroad  Company,  is  a  notable  one.  The  case  had 
District  Judge  Treat,  whose  judgment  was  averse  to  ev< 
Solicitor  Case,  but  on  the  hearing  in  the  circuit  court  Justice 
the  decision  of  the  district  judge  and  adjudged  Mr.  (^ase's  cli^ 
to  all  he  had  claimed  for  them. 

In  1886  Mr.  Case  came  to  Chicago  and  at  once  entere 
and  aggressive  practice  of  his  profession.     His  work  in  the  C 
been  markedly  individuahzed,  and  as  a  consequence  has  attrj 
clientage.     Although  pursuing  a  general  practice,  yet  Mr.  Cs 
tain  extent,  made  criminal  and  personal-injury  cases  his  speci; 
notable  cases  conducted  by  him  is  that  of  Holdom,  etc.,  ve 
Order  of  United  Workmen  (Illinois  Reports,  volume  159,  paj 
one  of  the  first  instances  in  this  jurisdiction  in  which  the  coi 
tended  for  by  Mr.  Case,  that  the  recovery  of  an  insane  ber 
policy  of  life  insurance  is  not  forfeited  by  his  killing  the  ins 
circumstances  that  the  killing  would  be  murder  if  he  were  sa 
the  Cook  county  criminal  court,  Mr.  Case  secured  a  ruling, 
before  police  magistrates,  involving  a  bridewell  sentence,  t\n 
entitled  to  trial  by  jury.     This  ruHng  worked  a  radical  changi 
practice  and  also  was  the  origin  of  the  act  specially  providing 
found  in  Laws  of  Illinois,  1893,  page  96.     The  Schwartz,  Pai 
Rvan   murder  cases,   in   which   Mr.   Case   conducted  the   defe 
ability,  are  causes  celebres  in  the  annals  of  Chicago  courts. 
Bowman  versus  Bowman  (Illinois  Appellate  Court  Reports,  \ 
165),  the  court  held,  for  the  first  time,  after  exhaustive  argume 
that  a  common-law  marriage  is  a  sufficient  basis  for  divorce  ; 
and  suit  money  pendente  lite. 

A  return  to  first  principles  and  a  rigid  conservation  of  t 

accused  were  compassed  by  him  in  the  State  versus  Maddei 

versus  Carr,  tried  in  the  criminal  court  of  Cook  county  in   1 

which  the  court  was  convinced  by  the  intelligent  insistency  of 

attorney,  that  in  all  criminal  cases  jurisdiction  attached  at  tin 

issued  and  not  from  date  of  indictment  as  had  been  the  immen 

that  court.     Upon  this  ruling  the  defendant  Carr  was  discharg 

although  he  had  been  indicted  twice.     These  cases  fixed  the 

paragraph  623,  section  18,  division  13,  of  the  Illinois  Criminal 

Mr.  Case's  list  of  personal-injury  cases  is  too  lengthy  to 

noting.     In  this  line  of  practice  he  has  shown  winning  pow 

pleader,  and  rarely  fails  to  secure  a  verdict,  one  of  which  he  la 

fifty  thousand  dollars,  the  largest  ever  rendered  in  the  west  in 

ages  for  personal  injury. 

The  short-cause  calendar  law,  which  is  recognized  by  the  1 


So6  THE  BENCH  AND  BAR  OF  ILLINOIS. 

a  most  beneficent  public  measure,  owes  its  place  upon  the  statutes  of  lUinais 
to  the  discernment  and  persistent  efforts  of  the  subject  of  this  notice.  This  law 
has  made  it  possible  to  begin  and  end  a  suit  within  two  months,  instead  of  two 
or  three  years,  and  has  practically  put  a  stop  to  eighty  per  cent  of  all  appeals 
from  justices'  courts. 

Mr.  Case  is  specially  noted  for  his  versatility,  his  ready  command  oi 
language,  his  masterful  power  in  grouping  pivotal  facts  and  bringing  out  in 
boldest  relief  the  salient  points  of  a  case,  his  familiarity  with  legal  principles,  and 
a  telling  application  of  them  to  the  conditions  developed  on  trial, — ^all  of  which, 
supplemented  by  his  breezy  brusqueness,  genial  good  humor  and  keen  knowl- 
edge of  human  nature,  have  won  him  many  a  case.  He,  too,  is  markedly 
strong  as  a  cross-examiner,  and  as  a  trial  lawyer  wnll  doubtless  attain  fore- 
most rank  at  the  American  bar. 

George  Record  Peck  was  born  near  Cameron,  Steuben  county,  New  York, 
in  1843,  and  at  the  age  of  six  years  was  brought  west  by  his  parents  on  their  re- 
moval to  Wisconsin,  where  he  spent  his  childhood  amid  the  hardships  of  farm 
life  in  a  western  clearing.  At  the  age  of  sixteen,  with  only  a  common-school 
education,  he  left  the  work  of  the  farm  to  become  a  district-school  teacher, 
that  he  might  add  to  the  scant  income  of  his  father  and  free  the  farm  from 
debt.  At  the  age  of  nineteen,  feeling  his  duty  to  his  country  paramount  to 
everything  else,  he  enlisted  in  the  First  Heavy  Artillery  of  Wisconsin,  was  trans- 
ferred to  the  Thirty-first  Wisconsin  Infantry,  and  marched  with  Sherman's 
army  to  the  sea.  After  three  years*  service  he  was  mustered  out,  at  the  age  of 
tW'Cnty-two,  having  by  his  fidelity  and  gallantry  been  promoted  to  the  rank  of 
captain. 

On  being  mustered  out"  of  the  service.  Captain  Peck  immediately  returned 
to  Wisconsin  to  begin  his  preparation  for  that  perennial  war,  the  practice  of 
law,  in  which  he  has  won  the  highest  honors.  He  spent  six  years  in  Janesville, 
as  law  student,  circuit-court  clerk  and  practicing  lawyer,  and  then  sought 
a  wider  field  in  the  new  state  of  Kansas,  pursuing  his  profession  with  signal 
success  in  Independence,  from  1871  to  1874.  In  the  latter  year  he  was  ap- 
pointed by  President  Grant  to  the  office  of  United  States  attorney  for  the 
district  of  Kansas,  and  removed  to  Topeka,  where  for  nineteen  years  he  won 
ever  increasing  distinction  as  a  lawyer  and  influential  citizen  and  a  man  of 
letters.  Within  a  month  after  his  appointment  he  was  directed  by  the  attorney 
general  of  the  United  States  to  bring  a  suit  involving  a  title  to  nine  hundred 
and  sixty  thousand  acres  of  land.  The  ability  with  which  he  brought  this  and 
other  cases  to  a  successful  issue  soon  made  him  one  of  the  leading  lawyers  of 
the  state.  In  1879  ^^e  greater  rewards  of  private  practice  led  him  to  resign  the 
office  of  district  attorney.  In  1881  the  Atchison,  Topeka  &  Santa  Fe  Railroad 
Company  elected  him  its  general  solicitor,  and  from  that  time  until  September, 
1895,  that  large  and  constantly  growing  system  of  railroads  was  created  and 
developed  under  his  counsel  and  direction. 

Mr.  Peck's  connection  with  Kansas  politics  during  the  entire  period  of  his 
residence  there  was  of  the  most  influential  and  honorable  character.     During 


^!**i 


.If 


V 


V/ 


THE  BENCH  AND  BAR  OF  ILLINOIS,  507 

the  last  ten  years  his  leadership  of  the  Republican  party  of  that  state  was  un- 
questioned. Any  office  within  the  gift  of  the  people  would  have  been  gladly 
bestowed  upon  him.  Upon  the  death  of  Senator  Plumb,  in  1892,  Governor 
Humphrey  offered  the  vacant  seat  in  the  United  States  senate  to  Mr.  Reck, 
but  the  splendid  honor  was  declined.  During  the  early  months  of  1893,  in  the 
beginning  of  Governor  Lewelling's  administration,  the  capitol  at  Topeka  was 
filled  with  legislators  contending  not  only  with  parliamentary  weapons  but 
also  with  arms  for  the  control  of  the  legislative  halls.  The  capitol  and  the 
surrounding  grounds  were  an  armed  camp.  Sentinels  guarded  the  entrances 
and  members  of  the  contending  parties  were  flocking  thither  as  to  war.  Then 
it  was  that  George  R.  Peck,  by  the  force  of  his  commanding  character  and 
influence,  controlled  the  situation,  and  by  his  wise  counsel  and  indomitable 
will  averted  the  anarchy  and  bloodshed  that  were  impending. 

During  his  residence  in  Chicago,  his  political  experience  and  learning  and 
his  fine  literary  art  have  become  familiar  to  the  public  through  his  occasional 
addresses.  The  most  notable  of  these  have  been  his  address  on  General  George 
H.  Thomas  before  the  Loyal  Legion  of  the  United  States,  at  Indianapolis ;  his 
response  on  Abraham  Lincoln  at  the  Marquette  Club  banquet,  in  Chicago; 
his  address  on  the  Puritans  before  the  Ethical  Society  of  Milwaukee;  his 
address  on  the  Worth  of  a  Sentiment  delivered  before  the  Washington  and 
Jefferson  Societies  of  the  University  of  Virginia;  his  address  on  The  Ethical 
Basis  of  American  Patriotism,  before  the  graduating  class  of  Union  College, 
New  York;  his  oration  at  the  unveiling  of  the  statue  of  General  John  A. 
Logan  in  Chicago,  and  his  address  on  George  Washington  before  the  students 
of  the  University  of  Chicag^o. 

As  a  lawyer  Mr.  Peck  ranks  with  the  greatest  this  country  has  produced, 
and  few  of  these  can  show  such  a  list  of  professional  triumphs.  When  the 
Atchison,  Topeka  &  Santa  Fe  Railroad  Company  secured  control  of  the  St. 
Louis  &  San  Francisco  Railroad,  in  1891,  one  of  the  stockholders  of  the  latter 
company  sought  to  enjoin  the  sale  on  the  ground  that  the  two  roads  were 
parallel  and  competing.  The  case  was  bitterly  contested  in  the  circuit  and 
supreme  courts  of  the  United  States.  Mr.  Peck's  successful  management  of 
this  litigation,  in  which  the  formation  of  the  Atchison  system  was  involved,  gave 
him  his  place  among  the  first  railroad  lawyers  of  the  time.  In  this  he  was 
ably  assisted  by  E.  D.  Kenna,  a  young  man  who  has  achieved  distinction  at  the 
bar  and  won  high  honors  in  the  profession. 

When,  in  December,  1893,  the  Atchison  system  went  into  the  hands  of  re- 
ceivers, and  the  problem  of  its  reorganization  was  pressing  upon  the  holders 
of  its  almost  worthless  securities,  the  direction  of  the  legal  proceedings  de- 
volved upon  Mr.  Peck.  Within  two  years  the  mortgages  had  been  foreclosed, 
the  property  sold  and  a  working  plan  of  reorganization  effected,  and  the  great 
railroad  system  preserved  unbroken.  Such  a  feat  of  efficient  and  rapid  re- 
organization of  so  large  a  railroad  property  is  unparalleled  in  railroad  history. 
In  September,  1895,  Mr.  Peck  resigned  as  general  solicitor  of  the  Atchison 
system,  to  become  general  counsel  of  the  Chicago,  Milwaukee  &  St.  Paul  Rail- 


So8  THE  BENCH  AND  BAR  OF  ILLINOIS. 

way  Company,  and  Hon.  Henry  C.  Caldwell,  United  States  circuit  judge,  in 
accepting  his  resignation,  asked  that  he  still  give  to  the  Atchison  reorganiza- 
tion committee  the  benefit  of  his  counsel  until  the  reorganization  should  be 
completed.  He  also  characterized  his  connection  with  the  receivership  matters 
in  terms  of  highest  praise. 

Since  his  removal  to  Chicago,  Mr.  Peck  has  been  associated  with  Hon. 
John  S.  Miller  and  Merritt  Starr,  in  the  law  firm  of  Peck,  Miller  &  Starr.  His 
tastes  and  his  talents  are  so  general  that  there  is  no  subject  of  great  human 
interest  with  which  he  is  unacquainted,  or  to  which  he  has  not  given  sympa- 
thetic aid.  Companionable,  warm-hearted  and  generous,  admiration  of  his 
masterful  abilities  is  forgotten  in  the  warmer  admiration  of  the  man. 

Edgar  A.  Bancroft  has  been  identified  with  the  interests  of  Chicago  since 
1892.  Here  he  has  gained  prominence  as  a  lawyer,  among  his  fellow  practi- 
tioners, while  his  qualities  of  good  fellowship  have  won  him  the  friendship 
and  regard  of  many  with  whom  he  has  been  brought  in  contact. 

Mr.  Bancroft  is  a  native  of  Illinois,  was  born  in  Galesburg,  where  he  at- 
tended the  public  schools,  and  later  was  graduated  at  Knox  College,  in  the 
class  of  1878.  Attracted  to  the  profession  of  the  law,  he  entered  the  law  school 
of  Columbia  College,  New  York,  and  received  the  degree  of  LL.  B.  in  1880. 
He  began  his  professional  career  a  year  later  at  Galesburg,  and  in  1884  became 
a  member  of  the  firm  of  Williams,  Lawrence  &  Bancroft.  He  advanced  rap- 
idly in  his  chosen  calling,  displaying  those  qualifications  which  are  ever  essen- 
tial to  a  successful  career  at  the  bar, — a  keen,  logical  mind,  business  sense,  and 
a  ready  capacity  for  hard  work. 

The  firm  of  Williams,  Lawrence  &  Bancroft  continued  in  active  practice 
until  May,  1892,  when  the  junior  member  was  appointed  solicitor  for  Illinois  of 
the  Atchison,  Topeka  &  Santa  Fe  Railroad  Company,  and  removed  to  Chicago. 
He  filled  that  position  until  1895,  when  he  was  elected  general  solicitor  of  the 
Chicago  &  Western  Indiana  and  the  Belt  Railroad  Companies,  in  which 
capacity  he  has  since  served  with  ability  and  fidelity.  The  closing  year  of  his 
service  with  the  Santa  Fe  Company  was  marked  by  the  memorable  railroad 
strike  of  1894,  and  the  Santa  Fe  was  involved.  As  attorney  for  the  receivers  of 
that  road  he  obtained  the  first  order  for  an  injunction  against  the  chiefs  of  tlie 
strikers;  and  he  afterward  represented  the  interests  of  the  receivers  in  the 
famous  contempt  proceedings  against  Eugene  V.  Debs  and  the  other  directors 
of  the  American  Railway  Union.  He  was  thus  brought  into  close  contact  with 
all  the  questions,  legal  and  industrial,  growing  out  of  the  local  riot  and  revolu- 
tion of  June,  1894.  His  paper  on  "The  Chicago  Strike  of  1894,"  read  before  the 
Bar  Association  of  Illinois  at  Springfield  in  1895  and  since  published  in  pam- 
phlet form,  is  an  able  exposition  of  the  origin  and  effects  of  that  uprising,  and  a 
valuable  contribution  to  its  history  and  legal  aspects. 

Mr.  Bancroft  has  also  made  a  close  study  of  the  political  problems  of  the 
day,  and  is  an  earnest  champion  of  the  principles  of  the  Republican  party.  In 
1888,  while  a  resident  of  Galesburg,  he  was  presidential  elector  for  the  tenth 
congressional  district  of  Illinois.     In  the  fall  of  1887  he  was  retained  in  the  con- 


THE  BENCH  AND  BAR  OF  ILLINOIS.  509 

tested  election  case  of  Worthington  versus  Post  from  that  district.  He  ap- 
peared for  General  P.  S.  Post  before  the  election  committee,  and  though  the 
committee  and  the  house  were  both  largely  Democratic,  and  General  Post's 
plurality  on  the  official  count  was  but  twenty-nine,  both  committee  and  house 
voted  unanimously  to  seat  Mr.  Bancroft's  client,  and  General  Post  was  de- 
clared entitled  to  a  seat  in  the  fiftieth  congress.  After  coming  to  Chicago  Mr. 
Bancroft  took  no  active  part  in  politics,  until  the  campaign  of  1896,  during 
which  he  spoke  frequently  in  Chicago  and  neighboring  cities.  He  has  been  an 
aggressive  member  of  the  Civil  Service  Reform  League,  and  rendered  con- 
spicuous service  in  securing  the  passage  of  the  civil  service  law  by  the  legis- 
lature and  its  adoption  by  the  city  of  Chicago. 

He  is  a  member  of  the  Chicago  Literary  Club,  the  Union  League,  the 
Marquette,  the  Hamilton  and  the  Caxton  Clubs,  and  is  also  connected  with  the 
bar  associations  of  the  city  and  state.  His  addresses  at  the  banquets  of  these 
organizations  have  added  to  his  reputation  as  an  effective  speaker.  He  gave 
the  annual  address  before  the  Oklahoma  Bar  Association  in  January,  1898, 
on  "The  Lawyer's  Duty  to  the  State."  The  variety  of  his  intellectual  activities 
is  evidence  of  his  untiring  industry,  while  his  experience  of  seventeen  years  in 
the  trial  of  difficult  law  cases  and  the  record  of  results  attained  indicate  his 
ability.  He  deserves,  and  is  given,  recognition  with  the  leading  lawyers  of 
Chicago. 


CHAPTER  XXVIl. 

THE    EARLY    BENXH    AND    BAR    OF    JO    DAVIESS    COUNTY, 

THE  county  was  organized  in  February,  1827,  and  originally  embraced  a 
large  part  of  northwestern  Illinois,  now  divided  up  into  several  large 
counties,  and  was  a  part  of  the  first  judicial  district  of  the  state.  In  the 
original  bill  for  its  organization  it  was  named  Ludlow,  in  honor  of  the  naval 
hero  of  that  name ;  but  in  the  house  an  amendment  made  it  Jo  Daviess  to  per- 
petuate the  name  of  Joseph  Hamilton  Daviess,  who  fell  in  the  battle  of 
Tippecanoe. 

Before  any  court  was  organized  one  Michael  Dee  was  convicted  of  theft,  by 
arbitrators,  and  all  smelters  and  miners  were  forbidden  to  harbor  him  or  give 
him  employment.  This  was  the  first  administration  of  law  in  the  county.  A 
curious  coincidence  is  that  a  year  later  this  same  Dee  had  the  distinction  of  the 
first  indictment  and  conviction  by  a  court,  for  assault  wath  intent  to  commit 
murder.  For  two  years  justices  of  the  peace  were  the  presiding  judges  of 
the  circuit  court.  They  were  three  in  number,  John  Corinoly,  Hugh  Coulter 
and  Abner  Field.  At  their  first  session  they  fined  two  members  of  the  bar  for 
contempt,  and  ordered  the  sheriff  to  keep  their  bodies  until  it  was  paid.  It  is 
said  this  was  done  to  impress  the  bar  with  the  dignity  and  importance  of  the 
court,  of  which  the  lawyers  had  not  shown  sufficient  appreciation. 

In  1829  the  county  was  placed  in  the  fifth  judicial  circuit,  constituted  of  the 
counties  of  Jo  Daviess,  Peoria,  Fulton,  Schuyler  and  Adams,  and  Richard  M. 
Young  was  appointed,  by  act  of  the  legislature,  to  preside  as  judge  in  the  circuit. 
In  May,  1829,  he  held  his  first  session  in  Galena,  and  continued  to  preside  until 
1835.  when  he  was  succeeded  by  Stephen  T.  Logan.  Thomas  Ford,  aftenvard 
(iovcrnor,  succeeded  Logan  in  1836.  and  he  was  succeeded  by  Daniel  Stone, 
in  1837,  and  he  by  Thomas  C.  Browne  in  1841,  who  presided  until  1849,  ^^'^^" 
Benjamin  R.  Sheldon  was  elected  judge. 

Jnd^e  Sheldon  continued  to  preside  in  the  circuit  court  until  1870,  when  he 
was  elected  to  the  supreme  bench,  and  there  continued  until  June,  1888.  He 
died  at  Rockford,  Illinois,  in  1896,  leaving  considerable  wealth.  He  was  never 
married.  Galena  was  his  home  until  a  few  year's  after  he  was  elected  to  the 
supreme  bench.  His  reported  judicial  opinions  are  his  monuments.  He  came 
to  Galena  from  Massachusetts  in  the  '40s.  He  was  not  regarded  as  a  great 
lawyer  nor  broad  in  his  views  as  a  judge.  Before  his  election  to  the  bench  his 
practice  was  small  and  unremunerative  and  confined  mainly  to  collections.  He 
was  not  an  orator,  but  had  a  judicial  turn  of  mind.  He  was  a  graduate  of 
Williams  College,  Massachusetts.  His  intense  patriotism  led  him  to  say  at  a 
war  meeting  in   1862  that  the  constitution  should  be  disregarded  when  it  re- 

510 


THE  BENCH  AND  BAR  OF  ILLINOIS.  511 

strained  the  purposes  of  the  administration,  and  shortly  afterward,  on  the  applica- 
tion of  David  Sheean,  a  member  of  the  Galena  bar,  he  refused  to  grant  a  writ  of 
habeas  corpus  to  one  Dpnnelly,  who  had  been  imprisoned  without  warrant  or 
sworn  complaint,  but  who  was  beaten  and  taken  to  jail  by  two  private  citizens, 
because  he  had  said  in  front  of  a  recruiting  office  that  he  would  not  enlist  until 
he  got  his  bounty  in  his  hands,  as  certain  persons  who  had  enlisted  had  not 
received  the  promised  bounty.  This  being  regarded  as  discouraging  enlist- 
ments, Judge  Sheldon  refused  to  issue  the  writ  on  the  ground  that  in  the  New 
York  Tribune  there  was  a  statement  that  the  secretary  of  war  had  issued  an 
order  that  all  persons  guilty  of.  discouraging  enlistments  should  be  arrested  and 
detained.  Being  denied  release,  Donnelly  brought  suit  through  his  counsel  for 
false  imprisonment,  which  suit  was  tried  before  Sheldon  and  is  reported  in  41st 
Illinois  Reports,  page  126.  Sheldon  also  sustained  pleas  that  the  president 
might  order  the  arrest  of  any  citizen  in  time  of  war  beyond  belligerent  lines 
when  the  civil  courts  were  open  and  unobstructed.  This  ruling  the  supreme 
court  set  aside  in  44th  Illinois  Reports,  page  142.  Sheldon's  manner  was  cold 
and  distant,  and  if  was  supposed  he  had  no  feelings  or  passions  that  could  be 
aroused  to  swerve  him  from  a  strict  administration  of  the  law.  But  these  occur- 
rences show  he  was  but  human. 

The  records  show  that  at  the  October  term  of  court  in  1828  John  Turney, 
William  Smith,  James  M.  Strode  and  Benjamin  Mills,  attorneys  at  Galena, 
attended  that  session  of  court.  John  Turney  was  a  native  of  Tennessee  and 
came  to  Galena  in  1827.  He  practiced  at  the  bar  there,  with  ability  and  suc- 
cess, until  1845,  when  he  died.  His  son,  William  A.  Turney,  was  afterward 
the  gentlemanly  and  obliging  clerk  of  the  supreme  court,  at  Springfield. 
William  Smith  also  came  to  Galena  in  1827,  was  a  man  of  fine  abilities,  but  did 
not  live  long  after  his  arrival.  James  M.  Strode  was  quite  a  character.  He 
came  from  Kentucky  at  an  early  day  and  got  the  title  of  colonel  in  the  Black 
Hawk  war.  He  was  a  forcible  talker,  but  often  amused  his  hearers  by  his  mis- 
quotations, of  which  he  was  very  fond,  and  his  queer  and  crude  figures  of 
speech  and  odd  expressions.  He  left  Galena  in  1840,  but  returned  in  1858  to 
defend  an  old  Kentucky  friend,  as  odd  and  queer  as  himself,  one  Elias  Bay- 
less,  on  a  charge  of  libel.  On  this  trial  the  libelous  letter  was  in  evidence,  and 
Strode  insisted  it  was  a  forgery  because  his  friend.  Bay  less,  could  never  spell 
Yankee  right,  and  in  the  letter  it  was  correctly  written  "Y-a-n-k-y."  Through- 
out this  argument,  it  appeared  that  he  had  lost  none  of  his  oddities.  He  died 
at  Chicago  shortly  after  that. 

Benjamin  Mills  was  a  native  of  Massachusetts,  reputed  to  be  one  of  the 
most  brilliant  of  the  Galena  bar  during  his  time.  He  was  a  member  of  the 
legislature  of  1832  and  chairman  of  the  house  managers  in  the  prosecution  of 
Judge  Smith,  by  impeachment,  for  official  misconduct.  Ford's  History  of 
Illinois  contains  these  words  in  reference  to  Mills  and  this  trial :  "This  highly 
gifted  man  shone  forth  with  uncommon  brilliancy,  in  three  days'  summing  up, 
by  way  of  conclusion,  on  the  side  of  the  prosecution.''     Soon  after  this  session 


512  THE  BENCH  AND  BAR  OF  ILLINOIS. 

his  health  failed  and  he  quit  practice  and  went  back  to  his  old  home  in  Massa- 
chusetts, where  he  died. 

Charles  S.  Hempstead  came  from  St.  Louis,  where,  he  had  practiced  sixteen 
years,  to  Galena  in  1829  and  practiced  over  forty-five  years  at  the  Galena  bar. 
He  died  in  Galena  in  1874.  He  did  a  large  commercial  business  in  the  early 
part  of  his  career  in  Galena  and  accumulated  considerable  wealth.  He  was  a 
refined,  temperate  and  very  religious  gentleman,  scrupulous  in  all  his  dealings 
and  pleasant  in  his  associations  with  men.  He  was  not  a  public  speaker,  but  a 
good  office  lawyer.  He  entered  into  partnership  with  E.  B.  Washburne  when 
that  gentleman  came  to  Galena.  The  firm  was  Hempstead  &  Washburne,  and 
continued  until  the  latter  went  to  congress,  in  1852.  As  a  good  citizen  and 
upright  man  his  death  was  regretted  by  all  who  knew  him.  His  sixty  years  of 
law  practice  is  probably  not  equaled  for  length  in  the  United  States. 

Following  these  pioneers  of  the  Galena  bar  came  Jesse  B.  Thomas,  later 
judge  of  the  supreme  court;  Stephen  Hempstead,  subsequently  elected  gov- 
ernor of  Iowa ;  Thomas  Hoyne,  who  became  a  brilliant  light  of  the  Chicago  bar 
in  later  years;  Joseph  C.  Wells,  who  became  lieutenant  governor  of  Illinois; 
and  Thompson  Campbell,  of  whom  it  is  said  no  one  could  talk  wnth  him  for 
ten  minutes  without  hearing  something  to  remember. 

Thomas   Drummond  came  to  Galena  in   1835,  from  his  native  home,  in 
Maine,  and  practiced  law  here  until  he  was  appointed  United  States  district 
judge,  in  1849.     He  was  a  graduate  of  Bowdoin  College,  Massachusetts.    His 
career  as  judge  of  the  United  States  district  and  circuit  courts  is  well  known  to 
the  bar  of  Illinois,  by  whom  his  decisions  are  regarded  as  profound  and  able. 
As  a  lawyer  at  the  Galena  bar  he  stood  close  to  the  head.    Although  over- 
bearing and  arbitrary  in  his  contact  with  opponents,  he  was  respected  for  his 
ability,  integrity  and   energy.     He  was  great  among  the  great  lawyers  then 
in  Galena.     He  served  one  term  in  the  legislature,  in  the  house,  with  Trumbull, 
Bissell  and  others,  being  elected  thereto  in  1840.     In  1847  ^c  was  one  of  the 
Galena  directors  of  the  Galena  &  Chicago  Union  Railroad  Company.    In  1850 
he  took  his  seat  as  United  States  district  judge,  succeeding  Nathaniel  Pope  in 
that  position.     In   1869  he  was  appointed  judge  of  the  United  States  circuit 
court  for  the  seventh  judicial  district,  embracing  the  states  of  Indiana,  Illinois 
and  Wisconsin,  in  which  he  presided  until  he  retired,  in   1884.     He  died  at 
Wheaton,  Illinois,  on  May  15,   1890,  at  the  age  of  eighty-one  years.    While 
practicing  in  Galena  his  clients  were  the  bankers,  merchants  and  business  men. 
Although  not  an  eloquent  or  graceful  talker,  he  was  forcible  and  argumentative, 
dwelling  with  great  power  and  minuteness  upon  the  strong  points.     He  was 
looked  upon  as  honest,  cautious  and  safe,   and  his   advice  was  regarded  as 
valuable.     Though    removing  from    Galena  when   appointed  judge,   he  loved 
his  old  home  here  and  made  frequent  and  prolonged  visits  up  to  the  time  of  his 
death. 

Elihu  B.  Washburne  was  more  of  a  politician  than  a  lawyer.  He  obtained 
fame  as  a  member  of  congress,  from  1852  to  1868,  from  the  Galena  district.  He 
was  President  Grant's  first  secretary  of  state  and  minister  to  France  during  the 


THE  BENCH  AND  BAR  OF  ILLINOIS.  513 

Franco-Prussian  war.  As  a  lawyer  he  was  not  above  the  average,  and  his 
business  as  such  was  confined  mainly  to  collections.  He  came  to  Galena  in 
1840  from  the  state  of  Maine,  financially  poor,  and  practiced  law  until  1852, 
when  he  was  elected  to  congress  over  the  gifted  and  talented  Thompson  Camp- 
bell, in  his  candidacy  for  a  second  term.  He  died  in  Chicago  in  October,  1887, 
at  the  age  of  seventy-one  years,  leaving  a  rich  estate,  and  is  buried  in  Green- 
wood cemetery,  in  Galena,  where  a  towering  granite  shaft  marks  his  resting 
place. 

Joseph  P.  Hoge  came  to  Galena  from  Ohio  in  1836.  He  was  a  great 
scholar  and  a  great  lawyer.  Graceful  and  eloquent  as  an  orator,  he  was  equally 
clear,  concise  and  classic  in  his  addresses.  He  was  unexcelled  in  his  terse, 
lucid  and  logical  presentation  of  legal  principles  to  the  court.  Quick  in  his 
perception,  he  readily  met  every  emergency  in  the  trial  of  a  case  and  was  always 
entertaining,  even  in  discussing  dry,  technical  questions.  Of  course  he  was 
successful  in  business.  He  had  no  superior  at  the  Galena  bar.  He  was  sent 
twice  to  congress, — 1842  and  1844.  He  and  his  partner,  Samuel  Wilson,  went 
to  San  Francisco  in  1853,  where  they  practiced  law  with  distinction  and  suc- 
cess and  accumulated  large  fortunes.  He  died  there  a  few  years  ago,  upward  of 
eighty  years  of  age. 

John  M.  Douglass,  in  whom  as  a  lawyer  the  people  had  implicit  confidence, 
came  to  Galena  from  Plattsburg,  New  York,  in  1840,  footing  his  way  from 
Chicago,  because  he  did  not  have  money  enough  to  pay  stage  fare.  He  was  a 
profound  and  successful  advocate.  At  his  advent  in  Galena,  and  for  many  years 
following,  he  was  on  one  side  of  every  mining  suit,  and  every  client  felt  lucky 
in  obtaining  his  services,  and  paid  him  large  fees.  He  would  go  into  the  mine 
in  question  with  an  old  suit  of  clothes,  crawl  on  his  hands  and  knees  through 
low  and  narrow  drifts,  posting  himself  on  the  situation  and  points  in  dispute 
and  then  astonish  his  hearers  with  his  exact  knowledge  of  every  detail  of  the 
mine  in  examining  witnesses  and  in  arguing  the  case.  He  never  tried  a  bad 
case,  but  always  settled  it ;  and  when  Douglass  went  into  a  trial  everyone  knew 
he  would  win.  He  had  extraordinary  power  of  thought,  and  so  absorbed  would 
he  become  that  he  would  not  notice  persons  in  the  room  or  speak  to  them  on 
the  street,  oblivious  to  all  surrounding  influences.  It  is  said  of  him  by  those 
who  knew  him  best  that  his  ofT-hand  opinions  were  worthless,  but  after  he  had 
thus  subjected  a  question  to  the  processes  of  his  mind  you  could  absolutely 
rely  upon  the  correctness  of  his  advice.  This  faculty  enabled  him  to  explore 
all  the  dangers  and  advantages  in  his  cases,  and  he  was  never  to  be  taken  by 
surprise.  He  was  always  on  guard  and  well  fortified,  even  at  points  his  adver- 
saries failed  to  see  or  attack.  He  was  always  candid,  fair  and  honorable  and, 
when  aroused,  his  earnestness  was  intense  and  overwhelming.  His  per- 
suasive faculties  in  argument  were  irresistible.  He  was  eccentric  and  peculiar 
in  his  habits.  He  shunned  society  and  ridiculed  its  follies,  preferring  the  com- 
panionship of  his  own  mind,  and  occasionally  of  a  single  friend,  to  general  inter- 
course with  his  fellow  men.     In  all  his  transactions  for  other  people  he  kept 

before  his  mind  the  thought  that  as  long  as  he  did  business  for  them  better 
33 


5H  THE  BENCH  AND  BAR  OF  ILLINOIS. 

than  anyone  else  would  do  it  his  services  would  be  in  demand,  and  when 
others  could  do  the  business  better  than  he,  people  had  no  use  for  him.  He 
left  Galena  in  1855  and  entered  the  employ  of  the  Illinois  Central  Railroad  Com- 
pany, at  Chicago,  as  its  counsel,  and  later  became  one  of  its  resident  directors, 
and  still  later  its  president  for  several  years, — during  the  period  from  1865  to 
1 87 1,  inclusive.  In  1875  he  again  acted  as  counsel  for  the  company,  but  soon 
had  to  retire  on  account  of  ill  health.  He  then  went  to  his  large  stock  farm  in 
Jo  Daviess  county,  operated  by  himself  and  his  brother  William  for  several 
years  thereafter,  retiring  later  to  Chicago,  where  he  died,  leaving  a  considerable 
fortune  to  his  widow  and  children. 

O.  C.  Pratt  and  \'an  H.  Higgins,  of  the  law  firm  of  Pratt  &  Higgins.  con- 
stituted a  prominent  and  successful  firm  in  Galena  from  1844  to  1852.  Pratt 
had  a  fine  education  and  great  natural  ability,  was  a  shrewd  lawyer  and  elo- 
quent speaker.  He  was  haughty  and  unpopular,  but  respected  for  his  superior 
talents.  He  went  to  California  in  1852  and  became  a  judge  there  and  later 
was  lieutenant  governor  of  Oregon,  where  he  died.  Higgins  was  not  an 
orator,  but  a  law  book-worm,  an  untiring  student  and  filled  himself  with  legal 
lore,  which  he  made  use  of  in  the  court  to  the  astonishment  of  the  younger  men 
of  the  bar.  His  piles  of  books,  when  he  was  about  to  argue  a  case,  seemed 
formidable  to  the  beginner.  He  went  to  Chicago  in  1852,  became  a  successful 
practitioner  there,  was  sent  to  the  legislature  and  elected  judge.  He  acquired 
a  fortune  and  died  at  Chicago  but  a  few  years  ago. 

Colonel  E.  D.  Baker,  widely  known  for  his  brilliant  eloquence,  came  to 
the  Galena  bar  in  1847,  from  Springfield,  Illinois,  and  was  elected  to  congress 
from  the  Galena  district  in  1848.  After  his  term  expired  he  went  to  California 
and  from  there  to  Oregon,  whence  he  became  United  States  senator.  He  pro- 
nounced a  masterly  eulogy  upon  the  lamented  David  C.  Broderick,  of  Cali- 
fornia. He  enlisted  in  the  war  of  the  Rebellion  and  was  killed  in  battle  at  Ball's 
Bluff,  on  the  Potomac,  early  in  the  conflict. 

Wellington  Weigley,  the  father  of  the  Weigleys  in  Chicago,  was  educated 
for  a  Methodist  minister  and  pursued  that  calling  a  number  of  years  in  Jo 
Daviess  county  before  changing  his  profession  to  the  law,  which  he  pursued 
at  Galena  with  success  until  a  few  years  ago,  when  he  retired  to  his  farm  near 
the  city,  where  he  now  lives  at  a  greatly  advanced  age.  He  was  a  vtiy  per- 
suasive speaker,  earnest  and  energetic  and  much  to  be  feared  by  opponents, 
especially  when  he  had  the  close  of  a  case.  He  came  to  Jo  Daviess  county 
from  Pennsylvania  in  1835  and  took  up  the  practice  of  the  law  early  in  the  '40s. 
He  was  a  member  of  the  constitutional  convention  of  1862,  and  opposed  the 
adoption  by  the  people  of  the  instrument  framed  by  that  body. 

Madison  Y.  Johnson,  a  genial  conversationalist,  was  born  in  Xenia,  Ohio, 
January  7,  1817,  and  removed  when  a  child  with  his  parents  to  Louisville, 
Kentucky,  and  began  the  practice  of  law  there,  removing  thence  to  Shawnee- 
town,  in  1841,  where  he  practiced  until  1844,  and  then  came  to  Galena  and 
practiced  in  Galena  continuously  until  he  died,  in  1890.  Though  not  a  pro- 
found lawyer  he  made  a  first  good  impression  on  his  hearers  and  was  a  dan- 


THE  BENCH  AND  BAR  OF  ILLINOIS,  515 

gerous  opponent  in  the  trial  of  a  case.  In  his  argument  he  used  set  expressions, 
which  members  of  the  bar  would  sometimes  count  up  into  the  thousands  in  one 
speech.  He  was  like  Strode  in  his  quotations.  He  was  energetic  and  per- 
sistent in  all  his  undertakings.  He  was  fearless  in  maintaining  what  he  be- 
lieved to  be  right,  even  if  it  involved  personal  inconvenience  and  danger.  He 
was  not  popular.  He  had  no  elements  of  iht  demagogue  about  him,  but  defied 
the  popular  will  in  maintaining  what  he  conceived  to  be  right.  An  extreme  in- 
stance of  this  was  his  imprisonment  in  Forts  La  Fayette  and  Delaware,  from 
August  28  until  December  13,  1862,  upon  the  order  of  the  secretary  of  war  pro- 
.  cured  by  Congressman  Washburne  and  executed  by  United  States  Marshal 
Jones,  of  Chicago,  and  his  deputies,  the  basis  of  which  was  a  suit  for  damages 
he  instituted  for  one  Nicholas  Roth  against  one  Bradner  Smith,  for  false  im- 
prisonment, which  case  is  reported  in  41st  Illinois  Reports,  page  314.  After 
his  release  he  instituted  suit  in  his  own  behalf,  for  false  imprisonment,  against 
Washburne  and  Jones  and  his  deputies  and  also  against  Bradner  Smith,  who 
made  affidavit  of  the  beginning  of  the  Roth  suit  to  procure  Johnson's  arrest. 
The  defense  was  the  existence  of  war  and  the  order  of  the  president,  through 
his  secretary  of  war.  The  special  pleas  were  embellished  with  a  charge  that  he 
was  a  member  of  the  "Knights  of  the  Golden  Circk"  and  was  aiding  the  rebel- 
lion, which  was  wholly  untrue  and  was  demurred  to,  and  the  demurrer  was 
sustained  by  the  supreme  court  in  an  able  opinion  by  Justice  Lawrence,  re- 
ported in  44th  Illinois  Reports,  page  142.  On  return  of  the  case  to  the  circuit 
court  the  defendants,  by  agreement,  confessed  their  guilt  and  admitted  on  the 
record  that  Johnson  had  done  no  wrong,  had  upheld  the  constitution  and  laws  of 
his  country  and  submitted  to  a  judgment  of  one  thousand  dollars  damages  and 
costs,  thus  falsifying  the  charge  in  the  special  pleas  and  making  a  perpetual 
record  in  refutation  of  their  allegations. 

Robert  H.  McClellan,  the  law  partner  of  John  M.  Douglass,  came  to  Galena 
from  Albany,  New  York,  in  1850.  He  was  a  good  lawyer,  and  frequently  ad- 
vised his  younger  associates  at  the  bar.  He  has  been  the  local  attorney  of  the 
Illinois  Central  Railroad  Company  since  his  advent  in  Galena.  He  has  become 
very  wealthy,  and  most  of  his  time  is  devoted  to  the  care  and  management  of 
his  immense  property  interests  in  this  and  other  states.  He  was  president 
of  the  National  Bank  of  Galena  for  several  years  and  was  at  one  time  an  active 
and  useful  member  of  the  legislature,  in  the  senate,  and  was  chairman  of  the 
committee  having  charge  of  the  bills  introduced  into  that  body.  Though  con- 
siderably advanced  in  age,  he  is  still  an  active  and  energetic  citizen  of  Galena, 
alive  to  all  matters  of  public  interest  as  well  as  to  his  individual  affairs. 

John  A.  Rawlins  was  born  in  Jo  Daviess  county  in  1831.  He  was  reared 
on  a  farm,  and  when  old  enough  burned  charcoal  and  sold  it  in  Galena  to 
procure  the  means  for  his  own  education.  Besides  the  common-school  educa- 
tion, he  attended  the  seminary  at  Mount  Morris  for  some  years,  and  during  the 
same  period  of  time  that  Senator  Cullom  was  educated  there.  He  began  the 
practice  of  law  in  Galena  in  1854  and  continued  it  there  until  late  in  1861.  He 
was  a  powerful  and  earnest  talker  and  masterful  in  all  his  efforts  at  the  bar.     He 


5i6  THE  BENCH  AND  BAR  OF  ILLINOIS. 

tried  his  cases  so  well  that  those  who  heard  him  would  say  nothing  was  left 
undone  on  his  side  of  the  case.     He  was  very  popular  with  all  people  and  his 
success  before  a  jury  was  generally  assured.     He  was  really  fierce  in  public 
debate,  overriding  all  opposition  and  arousing  his  hearers  to  great  excitement. 
He  was  the  Democratic  candidate  for  district  presidential  elector  in  i860,  and 
held  public  debates  throughout  the  district,  with  Allan  C.  Fuller,  the  Repub- 
lican candidate.     Late  in  1861,  he  became  aide  on  General  Grant's  staflf  and  later 
his  adjutant  general  and  chief  of  staff  with  the  rank  of  brigadier  general  and 
major  general.     He  remained  with  General  Grant  to  the  close  of  the  war,  and 
in  fact  until  his  death.     He  was  regarded  as  indispensable  to  Grant.    He  never 
returned-  to  the  practice  of  law.     When   General   Grant  became  president  in 
1869  General  Rawlins  was  appointed  secretary  of  war  and  died  after  holding 
that  office  for  a  few  months.     He  is  buried  at  the  Soldiers'  Home,  near  Wash- 
ington, D.  C.,  and  a  statue  to  his  memory  (a  very  good  likeness  of  him  in  mili- 
tary costume)  is  erected  on  Pennsylvania  avenue  in  the  city  of  Washington, 
where  he  died.     When  General  Grant  was  talked  of  as  a  presidential  candidate 
in  1868  Rawlins  came  from  W^ashington  to  Galena  early  in  that  year  and  de- 
livered an  elaborate  address  at  a  public  meeting,  setting  forth  the  political  views 
of  General  Grant,  which  was  published  in  all  the  prominent  newspapers  of  the 
country  and  undoubtedly  contributed  largely,  as  it  was  intended  to  do,  to  the 
nomination  and  election  of  Grant  to  the  presidency.     Universal  regret  was  ex- 
pressed at  his  death,  through  the  press  of  the  whole  United  States,  and  the 
prediction  was  frequently  therein  made  that,  had  he  lived,  he  would  have  be- 
come the  president  of  the  nation. 

Of  the  seven  lawyers  in  the  Sheean  family  David  and  J.  L.  were  bom  in 
Boston,  Massachusetts,  the  former  in  1833  and  the  latter  in  1835,  and  came  to 
Jo  Daviess  county  with  their  parents  in  1837  ^^^  were  reared  on  a  farm. 
Thomas  J.  was  born  on  the  farm,  in  1838,  and  he,  with  his  son,  James  M.,  and 
his  brother,  David,  now  compose  the  law  firm  of  D.  &  T.  J.  and  J.  M.  Sheean. 
Thomas  J.  began  to  study  law  in  his  brother  David's  office  in  1867,  and  they 
have  been  practicing  together  since  June,  1869.  James  M.  was  born  on  the 
old  homestead  farm  near  Galena,  in  1866,  and  entered  the  law  firm  in  1889  and 
soon  acquired  a  legal  reputation  equal  to  if  not  exceeding  that  of  the  old  mem- 
bers of  it.  He  was  elected  city  attorney  three  terms,  from  1891  to  1897,  and 
framed  the  present  revised  ordinances  of  the  city  of  Galena,  regarded  as  the 
best  codification  of  the  city  laws  that  has  ever  been  made.  Thomas  J.  was 
elected  mayor  of  the  city  for  three  successive  terms,  from  June,  1873,  to  June, 
1876.  J.  L.  read  law  in  1857  in  the  law  office  of  the  present  United  States 
senator,  William  B.  AlHson,  at  Dubuque,  Iowa,  and  opened  a  law  office  at 
Anamosa,  Iowa,  where  he  pursued  his  profession  successfully  until  1897,  when 
he  died.  In  1862  he  married  the  sister  of  General  John  A.  Rawlins,  who  still 
survives.  His  sons,  James  B.  and  John  R.,  are  now  lawyers  at  Omaha,  Ne- 
braska. The  former  is  assistant  general  counsel  of  the  Fremont,  Elkhom  & 
Missouri  Valley  Railroad  Company;  and  another  son,  William  D.,  is  prac- 
ticing law  at  Anamosa,  Iowa. 


THE  BENCH  AND  BAR  OF  ILLINi 

David  read  law  with  John  A.  Rawlins  and  formed  a  coj 
in  January,  1858,  which  continued,  under  the  firm  name  of 
until  January,  1862,  when  it  was  dissolved  only  because  of 
prolonged  absence  of  Rawlins  in  the  army.     He  has  pre 
for  upward  of  forty  years  in  the  same  rooms  in  which  he 
that  period  of  time  the  business  of  the  firm  has  extended 
several  courts  of  this  state  and  the  states  of  Iowa  and  Wi 
United  States  courts  at  Chicago  and  in  Iowa,  and  the  su 
United  States  at  Washington.     The  firm  has  been  the  loc 
Chicago  &  North-Western,    the    Chicago,    St.  Paul    &    Ka 
Chicago  Great  Western  Railway  Companies  for  a  number  of 
Sheean  was  twice  elected  city  attorney  and  once  mayor  of  C 
eluded  in  the  same  order  of  the  war  secretary  with  Mr.  J( 
1862,  and  was  unconditionally  released  the  same  day,  Decen 
Galena  people  and  those  of  the  county  were  greatly  incense 
administration,   and  towards   Mr.  Washburne,  who  instigal 
elections  of  that  year  Washburne's  usual  majority  of  from  o: 
thousand  two  hundred  in  the  county  fell  to  thirty-seven.     J( 
returned  home  together  after  their  release.     They  were  m 
Freeport  by  delegations  from  Galena,  to  welcome  them  bac 
Sherman  House  in  Chicago  a  crowd  and  brass  band  called 
made  short  addresses  from  the  balcony  and  more  extended 
evening  at  Kingsbury  hall.     At  the  depot  at  Freeport  an  ir 
gathered,  which  they  addressed  from  the  platform  of  the  cai 
people  were  wild  with  joy ;   bonfires  blazed  upon  the  hills,  d 
were  illuminated.     The  assembled  crowd  at  the  depot  deman 
from  each  of  them.     A  long  procession  was  then  formed  and 
with  bands  of  music  and  great  cheering  through  the  principa 
tinual   flame  of  fireworks,  to  the  market  square,  where  th( 
dressed  the  people.     This  welcome  was  confined  to  no  polit  1 
joiced  at  their  return. 

Sheean  brought  suit  against  Washburne  and  the  United  !  i 
deputies  and  others,  for  false  imprisonment,  with  like  result 
case.     The  case  is  reported  in  44th  Illinois  Reports,  page  i  : 
Mr.  Sheean's  detention  was  the  commencing  of  a  suit  for  f  1 
for  one  Donnelly  (reported  in  41st  Illinois   Reports,  page    1 
therein  stated.     The  defendants  in  that  suit  made  affidavit  to 
upon  it  Mr.  Washburne  procured  the  order  to  send  him  to  Fi 
New  York  harbor.     While  Mr.  Sheean  was  away  Judge  Sli 
case  to  be  dismissed  for  want  of  prosecution,  at  the  October  t< 
his  return  he  renewed  the  suit  (reported  as  above),  and  final! 
ag^es  for  Donnelly. 

The  final  judgment  in  Mr.  Sheean's  own  case,  in  the  ci 
Daviess  county,  as  in  Johnson's,  contains  these  averments,  enl 
agreement:     "And  the  defendants  now  come  and  admit  that 


5i8  THE  BENCH  AND  BAR  OF  ILLINOIS, 

fore  filed  by  them  and  the  matters  and  things  therein  set  forth  against  the 
plaintiff  are  untrue  in  substance  and  in  fact,  and  ask  leave  to  withdraw  the  same, 
which  is  granted,  and  defendants  confess  the  wrongful  trespass  and  imprison- 
ment set  forth  in  the  declaration,  and  say  they  are  guilty  as  therein  charged,  and 
confess  that  the  seizure  and  imprisonment  of  the  plaintiff  was  wrongful,  unjusti- 
fiable and  without  cause,  and  say  that  the  plaintiff  did  no  act,  used  no  ex- 
pression, nor  exercised  any  influence  not  in  support  of  the  government  of  the 
United  States,  its  constitution  and  laws,  and  submit  to  a  judgment  of  one 
thousand  dollars  and  costs." 

All  the  Sheeans  are  liberal  in  religion,  members  of  no  church,  and  are 
Democrats  in  politics. 

Thompson  Campbell  was  born  in  the  year  1811  at  Kennett  Square,  Chester 
county,  Pennsylvania.     Soon  after  his  birth   his  parents  removed  to  western 
Pennsylvania  and  settled  in   Butler  county,  where  he  grew  up  and  attended 
school   until   of  an   age   to   enter   college.     He   entered  Jefferson   College,  at 
Canonsburg,  Pennsylvania,  and  after  finishing  his  college  course,  having  re- 
solved to  make  the  law  his  profession,  he  went  to  Pittsburg  and  read  law  under 
the  direction  of  M.  Y.  Fetterman,  a  prominent  and  distinguished  attorney  of 
that  city,  was  admitted  to  the  bar  there,  and  began  the  practice  of  the  law. 
Being  attracted  to  what  was  then  the  far  west,  he  removed  to  Galena,  Illinois, 
at  that  tiriie  the  most  flourishing  town  in  the  west,  where  he  had  for  his  col- 
leagues and  friends  men  of  ability  and  note.*    He  continued  to  hve  in  Galena 
until   appointed   secretary   of  state  by    Governor  Ford.     During   his  term  of 
office  he  resided  in  Springfield,  Illinois,  and  there  wrote  the  first  public-school 
report  of  the  state.     He  was  elected  a  delegate  to  the  constitutional  convention 
called  to  amend  the  constitution  of  the  state,  and  took  a  leading  part  in  the 
deliberations  of  that  body.     In  1850  he  was  elected  a  member  of  congress,  to 
succeed  Hon.  E.  D.  Baker,  and  was  defeated,  by  Hon.  E.  B.  Washburne,  for 
a  second  term.     He  was  appointed  by  President  Pierce,  United  States  land  com- 
missioner to   settle   private  land   claims   in   California,  and   removed  with  his 
family  to  San  Francisco  in  the  year  1853,  entering  immediately  upon  the  duties 
of  his  important  trust,  which  demanded  the  exercise  of  the  highest  legal  ability. 
His  decisions  were  seldom,  if  ever,  reversed  on  appeal.     About   1855  he  re- 
signed to  renew  the  practice  of  the  law,  in  which  he  achieved  marked  success, 
maintaining  the  high  reputation  won  in  Illinois.     In  1859  he  made,  in  company 
with  his  family,  a  visit  to  Europe,  returning  after  a  year  to  take  up  his  resi- 
dence in  Chicago.     In  the  campaign  of  i860  he  was  an  elector  at  large  on  the 
Breckenridge  ticket,  stumping  Illinois  and  Wisconsin  for  that  ticket     In  1861 
he  returned  to  California  and  resumed  his  legal  practice.     At  the  outbreak  of 
the  civil  war  he  promptly  gave  his  support  to  the  Union  cause  and  became  one 
of  the  Republican  leaders  of  the  state. 

To  quote  from  '^Representative  Men  of  the  Pacific":  "So  widely  did  his 
fame  as  an  orator  and  thinker  extend,  that,  in  July,  1863,  the  proprietors  of 
the  Sacramento  Union,  the  leading  journal  of  the  state,  proposed  to  Mr.  Camp- 
bell that  if  he  would  visit  Sacramento  and  deliver  a  speech  on  the  state  of  the 


THE  BENCH  AND  BAR  OF  ILLINOIS.  519 

country,  they  would  at  their  own  expense  have  it  reported  stenographically  and 
printed  in  full.  This  offer  was  accepted,  and  Mr.  Campbell  made  one  of  his 
ablest  and  most  convincing  speeches.  The  state  central  committee  ordered 
ten  thousand  copies  to  be  printed  in  pamphlet  form,  but  soon  raised  it  to  fifty 
thousand.  It  was  generally  agreed  that  the  victory  achieved  by  the  Union 
party  in  California,  was  owing  a§  much  to  the  efforts  of  Mr.  Campbell  as  to 
those  of  any  other  Republican  leader." 

Mr.  Campbell  was  elected  to  the  California  assembly  and  made  chairman 
of  the  judiciary  committee.  His  influence  in  that  committee  and  in  the  as- 
sembly chamber  was  remarkable.  The  excitement  produced  by  the  war  at  that 
time  was  intense,  and  one  of  the  principal  subjects  of  discussion  was  the  declar- 
ation contained  in  the  resolutions  passed  by  the  Union  convention  that  the 
volunteer  soldiers  were  entitled  to  vote  at  the  general  election  in  California, 
although  they  might  be  without  the  boundaries  of  the  state  at  the  time.  Ad- 
dressing himself  to  this  topic,  Mr.  Campbell  electrified  the  convention  with  a 
speech  at  once  argumentative  and  eloquent,  the  beauty  and  finish  of  his  periods, 
the  perfect  harmony  existing  between  his  own  feelings  and  the  general  senti- 
ment of  the  party,  the  impassioned  mood  of  the  speaker,  the  vast  audience, — 
all  joined  to  heighten  the  effect  of  this  splendid  effort.  He  spoke  of  the  lofty 
valor,  heroism  and  unfaltering  devotion  of  the  Union  soldiers,  which  would 
render  their  posterity  more  proud  of  them  than  if  they  had  sprung  from  a  race 
of  kings,  and  stated  that  we  would  send  the  ballot,  if  necessary,  round  about  the 
pendant  globe,  but  that  it  should  reach  them. 

In  1864  he  was  chosen  a  delegate  to  the  national  convention  at  Baltimore, 
and  participated  in  the  proceedings  which  renominated  Abraham  Lincoln  for 
the  presidency.  On  his  return  home  his  voice  was  heard  on  many  public  oc- 
casions. He  continued  to  practice  his  profession  until  his  death,  which  oc- 
curred, after  a  short  illness,  at  his  home  in  San  Francisco,  December  6,  1868. 
He  left  a  wife,  son  and  daughter  to  mourn  the  loss  of  a  devoted  husband  and 
father. 

Though  perhaps  somewhat  recapitulating  in  certain  portions  of  its  subject- 
matter,  as  taken  in  connection  with  the  preceding  paragraphs,  yet  so  full  of  in- 
terest and  valuable  information  is  the  following  article  that  it  would  be 
flagrant  neglect  to  omit  its  reproduction  in  this  work.  The  article  is  an  address 
which  was  delivered  before  the  Illinois  State  Bar  Association  in  1894,  by  Hon. 
R.  H.  McClellan,  of  Galena,  who  kindly  permits  its  use  in  this  connection : 

When  I  accepted  the  invitation  of  President  Anthony  to  prepare  a  paper  upon  the 
early  history  of  the  bar  of  Jo  Daviess  county  to  be  read  at  the  present  meeting  of  the 
Bar  Association  of  the  State  of  Illinois,  I  had  little  idea  of  the  difficulties  attending 
the  procuring  of  authentic  information  upon  the  subject,  or  I  think  I  should  have  declined 
the  undertaking.  That  period  of  the  early  history  of  the  Jo  Daviess  bar  which  I  propose 
to  consider  in  this  paper,  comprises  the  first  two  decades,  or  from  the  organization  of 
the  county  down  to  1850.  As  I  did  not  come  to  Galena  to  live  until  after  the  latter  date, 
I  have  no  personal  knowledge  of  the  events  narrated  previous  to  1850;  though  I  did 
have  subsequently  a  personal  acquaintance  with  many  of  the  members  of  the  bar  whose 
I  history  I   have  sketched.     Several  of  them  I   came  to  know  intimately.     But  I  find  that 


520  THE  BENCH  AND  BAR  OF  ILLINOIS. 

all  the  lawyers  who  were  in  this  county  during  its  first  decade — in  fact,  all  who  were 
here  as  late  as  1850 — are  either  dead  or  have  left  the  county,  if  still  living.  And  all  the 
old  citizens  of  the  county  who  were  their  contemporaries  and  who  could  have  given 
valuable  and  reliable  information  are  likewise  dead  or  gone.  The  early  court  records  are 
also  very  scant  and  unsatisfactory,  for  years  not  even  containing  a  list  of  the  attorneys  who 
were  in  practice.  Owing  to  this  state  of  facts  it  has  been  no  easy  task  to  procure  the 
material  for  the  very  meager  sketch  of  the  early  members  of  the  Galena  bar  which  follows. 

The  county  of  Jo  Daviess  was  established  in  1827,  and  made  a  part  of  the  first  judi- 
cial circuit.  It  extended  from  the  Wisconsin  line  south  to  the  military  tract,  and  con- 
tained sufficient  area  to  make  a  respectable  state.  Its  singular  name  was  given  it  by 
the  legislature  in  honor  of  the  memory  of  Colonel  Jo  Daviess,  a  gallant  Kentucky  soldier, 
who  was  killed  at  the  head  of  his  regiment  at  the  battle  of  Tippecanoe.  The  first  term 
of  the  circuit  court  (and  the  first  court  ever  held  in  the  county)  was  held  in  June,  1828, 
by  three  justices  of  the  peace  acting  as  the  judges,  the  statute  having  given  them  the 
authority  to  so  act  in  the  absence  of  a  regular  judge.  Another  session  was  held  in 
October,  1828,  by  five  justices  of  the  peace.  These  justices  seem  to  have  entertained 
high  notions  of  their  dignity,  as  at  their  first  session  they  fined  Attorneys  Payne  and 
Strode  ten  dollars  each  for  contempt  of  court,  and  the  next  term  they  imposed  a  fine 
of  five  dollars  upon  William  S.  Hamilton,  son  of  the  illustrious  Alexander  Hamilton,  for 
another  infraction  of  the  judicial  dignity.  As  they  were  very  common  and  illiterate  jus- 
tices of  the  peace,  it  is  quite  likely  the  amount  of  fines  imposed  upon  the  offending  attor- 
neys very  inadequately  measured  the  real  contempt  which  these  learned  lawyers  actually  felt 
for  that  primitive  court.  Contempt  of  court  seems  to  have  gone  out  with  these  justices 
of  the  peace,  and.  I  think,  no  lawyer  has  been  fined  for  this  offense  during  the  last 
fifty  years  of  the  history  of  the  Jo  Daviess  county  circuit  court.  The  judges  have  been 
able,  learned  and  patient,  and  the  lawyers  considerate  and  respectful. 

In  May,  1829,  the  Hon.  Richard  M.  Young  presided  as  judge  at  that  term.  He  was 
succeeded  in  1835  by  Stephen  T.  Logan,  who  was  succeeded  in  1836  by  Thomas  Ford 
(subsequently  governor  of  the  state),  who  was  followed  in  1837  by  Dan  Stone,  who  was 
succeeded  in  1841  by  Thomas  C.  Browne,  who  presided  until  1849,  when  Benjamin  R. 
Sheldon  was  elected.  I  am  unable  to  find  any  record  showing  what  lawyers  were  present 
at  the  first  term  of  the  circuit  court  in  June,  1828,  but  at  the  October  term  of  that  year 
John  Turney.  William  Smith,  James  M.  Strode  and  Benjamin  Mills  were  reported  as 
bting  in  attendance.  John  Turney  was  a  native  of  Tennessee  and  came  to  Galena  in  1827 
and  was  an  active  and  successful  practitioner  until  his  death  in  1844  or  1845.  William 
Smitli  came  to  Galena  also  in  1827.  He  had  the  reputation  of  being  a  man  of  fine  talents 
and  a  good  lawyer,  but  was  of  intemperate  habits  and  died  at  an  early  day.  Colonel 
James  M.  Strode  was  from  Kentucky  and  was  in  active  practice  in  Galena  for  many  years. 
He  was  a  prominent  officer  in  the  Black  Hawk  war,  which  seems  to  have  been  regarded 
by  its  participants  in  that  day  as  one  of  the  greatest  wars  of  either  ancient  or  modem 
limes.     He  left  Galena  for  Chicago  about  1840,  and  died  near  that  city  several  years  ago. 

Benjamin  Mills  was  a  man  of  remarkable  ability,  learning  and  eloquence,  of  whose 
wit  and  brilliancy  tradition  has  handed  down  many  amusing  anecdotes.  The  older  mem- 
bers of  this  association  who  were  acquainted  with  the  late  Judge  Joseph  Gillespie,  of 
Madison  county,  will  doubtless  remember  his  telling  some  of*  these  stories  over  and  over 
again — night  after  night — in  the  hotels  of  Springfield.  Indeed  to  the  last  days  of  his  life 
Judge  Gillespie  never  tired  of  eulogizing  Ben  Mills.  By  the  common  consent  of  all  his 
contemporaries  Mr.  Mills  was  regarded  as  the  most  popular  and  brilliant  lawyer  of  his 
day  at  the  Galena  bar.  He  was  a  member  of  the  legislature  of  1832-3  and  in  the  impeach- 
ment trial  of  Judge  Theophilus  W.  Smith,  one  of  the  justices  of  the  supreme  court,  for 
official  misconduct,  he  was  chairman  of  the  managers  of  the  prosecution  of  the  house 
of  representatives. 

During   the   larger  period   of   his   residence   in    Galena    Mr.    Mills   was  like,    perhaps, 
most  of  the   lawyers   of   the   time   and   place,   a  man   of   somewhat   convivial   habits,  hut 


THE  BENCH  AND  BAR  OF  ILLINOIS.  521 

reformed,  and  became  a  most  earnest  and  decided  Christian.  His  health  after  a  few  years 
failed  and  he  was  obliged  to  abandon  his  practice  and  go  back  to  his  native  state,  Massa- 
chusetts, to  die.  And  thus  went  out  in  the  early  morning  of  his  promise  the  brightest 
legal   light  that  ever  illumined   the  bar  of  Jo  Daviess  county. 

I  have  not  been  able  to  find  that  there  were  any  other  lawyers  at  the  Galena  bar  when 
the  first  terms  of  that  court  were  held  in  1828  than  those  above  named.  After  1830  the 
growth  of  the  town  and  the  rapid  increase  of  business,  and  the  fact  that  Galena  was  the 
only  town  in  the  west  in  which  there  was  any  considerable  amount  of  money  of  any 
kind,  and  the  only  town  where  gold  and  silver  was  the  only  circulating  medium,  induced 
many  eminent  lawyers  from  all  parts  of  the  country  to  come  here  and  open  offices,  so 
that  soon  the  Galena  bar  became  noted  as  one  of  the  ablest,  if  not  the  very  ablest,  bar 
in  the  state — a  reputation  which  a  history  of  its  members  will  show  was  well  justified. 

My  space  will  not  permit  a  sketch  of  all  the  attorneys  who  composed  the  bar  from 
1830  to  1850.  I  can  only  briefly  notice  those  who  were  the  most  prominent,  men  conspicu- 
ous for  their  talents,  legal  learning  or  eloquence.  In  this  list  we  find  Governor  Thomas 
Ford,  Jesse  B.  Thomas,  afterward  a  justice  of  the  supreme  court,  and  Stephen  Hemp- 
stead, subsequently  governor  of  Iowa,  all  of  whom  at  one  time  were  members  of  the 
Jo  Daviess  bar.  Thomas  Hoyne,  for  many  years  one  of  the  most  distinguished  lawyers 
of  Chicago,  began  his  early  career  at  the  Galena  bar  and  practiced  there  for  a  consider- 
able period.  Joseph  C.  Wells,  a  lieutenant  governor  of  the  state,  was  also  for  many 
years  an  active  member  of  this  bar.  All  these  men  left  Galena  at  an  early  day  and  became 
eminent,  and  their  several  histories  are  well  known. 

Charles  S.  Hempstead,  for  over  forty  years  a  citizen  of  Galena  and  a  member  of  the 
bar,  came  to  Galena  from  St.  Louis  in*  1829  and  entered  at  once  upon  a  large  and  lucra- 
tive practice.  He  was  a  good  commercial  lawyer,  and  the  business  relations  of  Galena 
being  almost  entirely  with  St.  Louis,  he  secured  all  the  St.  Louis  collections  and  became 
wealthy.  He  was  -a  gentleman  of  the  old  school:  polite  and  refined  in  his  manners, 
temperate  in  his  habits,  moral  and  religious  in  his  life  and  of  the  most  unblemished 
integrity.  He  was  one  of  the  original  directors  of  the  Galena  &  Chicago  Railroad  Co. 
He  died  respected  and  lamented  by  the  whole  community  in  1874. 

In  1835  Thomas  Drummond  became  a  member  of  the  Galena  bar.  He  was  a  native 
of  Maine  and  a  graduate  of  Bowdoin  College.  Being  a  young  man  of  education  and 
culture  and  a  well-read  lawyer,  he  very  soon  secured  an  excellent  practice.  His  clients 
were  the  bankers,  merchants  and  best  business  men  of  the  busy  little  town.  He  was 
industrious,  studious  and  faithful  to  his  clients,  and  proverbially  honest  and  conscientious. 
In  his  legal  practice  at  the  bar  he  exhibited  the  same  high  devotion  to  duty  and  love 
of  truth;  the  same  abhorrence  of  fraud  and  chicanery  which  so  peculiarly  marked  his 
judicial  career.  Although  not  an  eloquent  or  graceful  speaker,  he  was  strong  and  argu- 
mentative, dwelling  with  great  force  and  minuteness  upon  the  strong  points  of  his  case. 
He  was  always  earnest  and  very  persistent  in  his  advocacy — sometimes,  indeed,  almost 
pertinacious.  As  a  counselor  his  advice  was  highly  valued  by  business  men,  as  he  was 
regarded  as  honest,  cautious  and  safe.  For  many  years  and  until  his  appointment  as 
judge  of  the  United  States  district  court  of  Illinois,  in  1859,  his  high  character,  learning 
and  ability  caused  him  to  be  looked  upon  as,  perhaps,  the  leading  member  of  the  bar 
of  his  county.  What  he  was  as  a  jurist  upon  the  bench  is  well  known  to  all  the  lawyers 
of  this  state.  His  eminent  ability — his  learning — his  absolute  impartiality;  his  incor- 
ruptible integrity;  his  love  of  justice;  his  intense  passion  for  equity  and  his  hatred  of 
fraud,  trickery  and  dishonesty;  his  wonderful  devotion  to  the  duties  of  his  high  office, 
even  down  to  partial  blindness  and  extreme  old  age,  were  remarkable,  and  were  charac- 
teristics seldom  found  in  combination  to  the  same  degree  in  the  great  judges  of  any  age. 
It  is  not  strange  that  the  Galena  bar  always  regarded  him  with  admiration  and  were 
justly  proud  of  his  well-earned  fame. 

Joseph  P.    Hoge,   another  eminent  member  of  the  Jo   Daviess  bar,   came  to   Galena 
from   Ohio  about  1836.     Mr.   Hoge  was  a  man  of  great  natural  ability  and  highly  edu- 


S32  THE  BENCH  AND  BAR  OF  ILLINOIS. 

cated.  He  was  a  graceful  and  eloquent  orator.  His  style  was  remarkably  clear,  concise 
;ind  classic.  No  man  at  any  bar  could  surpass  him  in  the  power  of  lucid  statement  and 
terse,  logical  presentation  of  legal  principles  of  the  court.  It  was  a  treat  to  the  acutest 
intellect  to  listen  to  him  while  arguing  the  driest  abstract  legal  proposition.  In  this 
respect  he  never  had  his  equal  at  that  bar.  He  was  learned  as  he  was  able,  and  a  suc- 
ctssful  lawyer  in  the  trial  of  cases.  It  is  not  too  much  to  say  that  there  was  no  court 
in  the  Union  in  which  Mr.  Hoge  would  not  have  held  high  rank.  His  talents  were, 
indeed,  in  every  respect  superior.  He  was  twice  elected  to  congress  from  his  district 
Tn  1853  he  went  to  San  Francisco  and  there  maintained  his  high  reputation;  became  judge 
of  one  of  the  courts  and  died  two  or  three  years  ago,  upward  of  eighty  years  of  age. 

Samuel  M.  Wilson,  a  partner  of  Mr.  Hoge,  came  to  Galena  about  1845  from  Ohio. 
He  was  a  close,  technical  lawyer — a  hard  student  and  a  man  of  the  most  untiring  industry. 
Xo  man  could  raise  more  points  in  a  case  or  fortify  them  with  more  numerous  citations 
of  authorities.  He  was  engaged  in  many  important  suits  and  with  a  great  degree  oi 
success.  He  went  to  San  Francisco  with  Mr.  Hoge  in  1853,  gained  a  very  large  and 
very  profitable  practice  and  acquired  a  fortune.  He  became  one  of  the  most  distinguished 
lawyers  in  California  and  died  some  three  or  four  years  ago. 

But  beyond  question  the  most  popular  and  brilliant  advocate  at  the  bar  in  those 
days  was  Thompson  Campbell,  who  came  to  Jo  Daviess  county  about  1836,  from  the 
state  of  Pennsylvania.  He  was  decidedly  a  man  of  genius.  His  figure,  language,  voice 
and  manner  were  all  captivating  and  prepossessing.  He  was  persuasive,  witty  and  elo- 
quent. Many  of  his  speeches,  especially  in  criminal  trials,  have  been  reported  by  lawyers 
who  heard  them  to  have  been  masterpieces  of  forensic  eloquence,  abounding  in  wit,  satire, 
pathos  and  every  element  of  the  highest  style  of  oratory.  In  that  kind  of  public  speaking 
he  had  no  equal  at  the  Galena  bar  in  his  day.  He  was  secretary  of  state  under  the  admin- 
istration of  Governor  Ford  and  was  member  of  congress  from  185 1  to  1853.  He  went 
to  California  from  congress  and  was  made  judge  of  the  United  States  land  court  in 
that  state.  Had  his  industry  and  devotion  to  his  profession  equaled  his  intellectual  powers 
he  might  easily  have  reached  the  loftiest  eminence  in  the  legal  world.  But  he  relied 
almost  wholly  upon  his  genius  and  was  not  a  student. 

In  1840  a  poor  young  man  from  the  state  of  Maine,  who  was  destined  to  play  an 
important  part  in  the  affairs  of  his  state  and  nation,  arrived  in  Galena  and  became  a 
member  of  the  Jo  Daviess  bar.  This  young  man  was  Elihu  B.  Washburne.  He  had 
just  graduated  from  the  Harvard  Law  School  and  at  once  commenced  practice  in  Galena. 
He  was  successful  from  the  start  and  after  a  few  years  formed  a  partnership  with  Mr. 
Hempstead  and  continued  in  active  practice,  with  him  until  his  election  to  congress  in 
1852.  He  was  elected  to  congress  nine  times  in  succession,  and  would  probably  have  had 
a  life  tenure  of  that  office  had  he  not  been  appointed  by  President  Grant,  in  1869,  minis- 
ter to  France,  which  position  he  held  for  over  eight  years.  Mr.  Washburne  was  a  mem- 
ber of  the  Jo  Daviess  bar  for  over  forty  years;  but  the  most  of  his  practice  was  per- 
formed previous  to  his  entering  congress.  As  a  lawyer  he  was  a  hard  worker;  untiring 
and  industrious  and  of  unswerving  fidelity  to  his  clients.  Indeed,  faithfulness  to  trusts 
committed  to  him  was  a  leading  trait  in  his  character  all  his  life.  He  was  a  man  of 
aspiring  ambition,  iron  nerve  and  restless  energy.  He  was  brave  and  resolute;  abso- 
lutely fearless;  as  was  evidenced  in  many  instances  during  his  early  life  in  the  mining 
region,  as  well  as  through  his  whole  career. 

An  incident  or  two  will  illustrate  this  feature  of  his  character  as  well  as  give  some 
idea  of  the  habits  and  customs  of  the  people  of  that  time  and  place.  To  practice  law 
in  the  mines  in  those  early  times,  it  was  as  necessary  to  have  nerve  as  knowledge.  One 
day  a  merchant  of  Galena,  a  large  and  blustering  bully,  having  become  offended  at  some 
professional  act  of  Washburne,  bought  a  rawhide  and  publicly  proclaimed  his  intention 
of  giving,  the  obnoxious  young  attorney  a  cowhiding.  He  entered  the  office  of  Hemp- 
stead and  Washburne,  where  Washburne  was  sitting  at  his  desk,  and  attempted  to  exe- 
cute his  threat.     But  before  he  could  strike  a  blow  the  young  lawyer  had  him  by  the 


THE  BENCH  AND  BAR  OF  ILLINO 

collar,  and,  rushing  him  out  of  the  office  to  the  head  of  the  stairs, 
over  the  banisters,  breaking  his  arm  in  the  fall.    It  is  needless  to  ad 
was   adjourned   sine  die.     On  another  occasion  Washburne  was   m 
village  schoolhouse  when  a  big  drunken  rowdy  kept  interrupting  hin 
up  the  meeting.     He  was  requested  to  be  quiet,  but  refused  and  coi 
conduct.    As  none  of  the  audience  seemed  disposed  to  interfere,  Wai 
from   the  platform,   caught  the   ruffian   by   the  coat  collar   and  hus 
room  and  threw  him  into  the  street;  then  returned  to  the  stand  anc 
without  so  much  as  saying,  "Where  was  I  at?" 

Mr.  Washburne's  cool  courage  was  exhibited  on  maiiy  occasion 
sessions  of  congress  before  the  war.  But  it  was  in  Paris  in  1870,  dui 
Germans,  when  every  other  foreign  minister  had  fled  in  terror  froi 
Washburne's  characteristic  bravery  shone  out  so  conspicuously  a 
admiration  of  the  civilized  world.  Had  Mr.  Washburne  not  left  the 
of  a  statesman  his  talents,  industry  and  ambition  would  doubtless  hav 
ranks  of  the  eminent  lawyers  of  his  state. 

The   deepest   thinker   and   the   profoundest  lawyer   of  the  Jo   D 
days  was  undoubtedly  John  M.  Douglass.    Mr.  Douglass  came  to  Galei 
burg.  New  York,  in  1841,  and,  not  having  money  enough  to  pay  stag* 
of  the   way  from   Chicago.     He  had  not  enjoyed  the  advantages  of 
tion,    though    he    possessed    a    most    excellently    disciplined    mind, 
dinary    power    of    abstraction    and    concentration    of    thought.     So    a 
become    in    thinking    about    a    legal    proposition    or   a    case    he    had 
come    wholly    oblivious    of    all    around    him,    neither    seeing    nor    h« 
the     same     room,     nor     recognizing     them     if    he     met    them     on     i 
faculty    of    concentration    enabled    him    to    go    to    the    foundation    o 
and  when  he  went  into  the  trial  of  a  case  there  was  nothing  connectec 
had    not   explored.     He   could   hardly   be    surprised,    for   he   had   antic 
tingency.      He  gained  a  large  practice  in  a  very  short  time.     His  firs 
ever,  were  achieved  in  trying  suits  for  the  lead  miners.     At  this  time  all 
were  owned  by  the  United  States  government  and  leased  out  to  prospc 
If  a  big  lead  happened  to  be  struck  there  was  almost  always  some  party 
it  as  his.     Then  if  the  claimant  was  not  driven  oflF  by  force  and  arms- 
entry  and  detainer  before  a  justice  of  the  peace  and  a  most  exciting 
These   miners  were   rough  and  many  of  them   desperate   men,   and  it 
address   and   coolness   on  the   part   of  the   attorneys   in  these   trials   t 
passions   of  the   turbulent  crowd  and   prevent  bloody  outbreaks.       To 
cases   required  not   only  a   knowledge   of  the   rules   and  customs   of  n 
acquired   the   force  of  common   law,    but   also  an   intimate   acquaintanc 
themselves,  the  formation  of  mineral  and  the  character  of  the  rocks,  th 
ranges,  etc.    A  man  might  well  be  an  excellent  lawyer  and  yet  be  utter] 
of  these  cases.      Books  and  precedents  were  of  no  avail.      A  man  m 
the  bowels  of  the  earth  to  learn  these  matters.     Mr.   Douglass  made 
study.     He  would  descend  deep  shafts  and  follow  dark  drifts  and  de^ 
come  out  covered  with  mud  and  ochre.     But  he  would  know  his  mine 
While  still   a  very  young   man  he  was   confessedly  the  best  mining  1; 
region  and   was   for  years   engaged   in   almost   every   mining   suit  in 
^as  a  very  profitable  practice,  as  he  never  would  leave  his  office  to  g 
of  the  peace  in  these  cases  without  a  fee  of  at  least  $100  to  $300  or  $4 
advance  in  gold  or  silver  coin.     Out  of  these  mining  suits  Mr.  Dough 
accumulated  what  was  then  a  handsome  fortune. 

Mr.  Douglass  was  a  powerful  and  successful  advocate.  He  was  ca 
''is  convictions  were  intense  and  his  earnestness  something  terrible  w 
^^ial.    His  powers  of  persuasion  were  such  as  to  make  him  almost  ir 


524  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Jo    Daviess   jury.      In  criminal   cases   his   defenses  were   exceedingly  able  and  ingenious 
and  he  seldom  failed  to  acquit  his  clients. 

I  think  I  am  safe  in  saying  that  it  was  the  unanimous  judgment  of  those  lawyers 
who  practiced  with  him  that  he  was  the  profoundest  lawyer  of  their  acquaintance.  Mr, 
Douglass  went  to  Chicago  in  1855  and  entered  the  service  of  the  Illinois  Central  Railroad 
Company  and  was  for  many  years  the  president  of  that  company.  Mr.  Douglass  was  not 
only  a  very  profound  but  a  very  eccentric  man,  peculiar  in  his  habits.  He  preferred  the 
companionship  of  his  own  mind  to  that  of  his  fellow  men  and  dwelt  apart,  never  mingling 
in  society.  He  was  a  deep,  incessant  thinker,  always  pondering  over  some  great  prob- 
lem— never  resting.  People  seeing  him  on  the  streets  lost  in  reverie,  and,  perhaps,  talking 
to  himself— called  him  absent-minded,  or  worse.  At  length  the  machinery  of  his  mind 
shattered  his  physical  frame,  his  health  broke  down  and  he  retired  to  private  life.  For 
the  last  year  or  two  of  his  life  his  brilliant  intellect  was  shadowed,  at  times,  by  morbid 
illusions  and  he  became  very  much  of  a  wreck  of  his  former  self.  But  in  his  pnme 
he  was  a  really  remarkable  man.  Take  him,  all  in  all,  as  an  acute  thinker,  a  profound 
lawyer,  an  invincible  reasoner  and  a  convincing  orator — winning  more  verdicts  than  any 
other  lawyer  at  the  bar:  he  was  without  doubt  easily  the  foremost  man  and  the  ablest 
of  his  day  at  the  Jo  Daviess  bar. 

Wellington  Wcigley  came  to  Illinois  in  1835  from  Pennsylvania,  a  very  young  man, 
as  a  minister  of  the  gospel  and  preached  in  the  Methodist  church  in  Galena  for  some 
time.  He  was  an  eloquent  and  popular  preacher,  but  soon  abandoned  the  pulpit  for  the 
law  and  for  many  years  was  a  very  prominent  lawyer  at  the  Jo  Daviess  bar.  with  an 
extensive  practice.  He  was  a  distinguished  mining  lawyer,  having  studied  mining  thor- 
oughly and  practically,  and  was  the  only  man  in  the  mines  who  was  able  to  try  sucn 
cases  successfully  against  Douglass;  and  the  only  man,  really,  that  Douglass  was  afraid 
of  in  that  sort  of  litigation.  Mr.  Weigley  was  master  of  an  exceedingly  neat  and  per- 
spicuous Anglo-Saxon  style.  No  man  could  make  himself  better  understood.  He  was 
an  excellent  speaker,  earnest  and  magnetic,  and  had  immense  pow^er  over  juries,  and 
was  regarded  by  his  opponents  as  one  of  the  most  dangerous  men  to  close  a  case  there 
was  at  the  bar.  He  was  a  member  of  the  constitutional  convention  of  1862.  Fillmore 
Weigley  and   Frank   W.   Weigley,   prominent  lawyers  of  Chicago,  are  his  sons. 

(The  writer's  estimate  of  Judge  Benjamin  R.  Sheldon  is  given  elsewhere  in  ihts 
work.) 

The  legal  firm  of  Pratt  &  Higgins.  composed  of  O.  C.  Pratt  and  Van  H.  Higgins- 
was  a  prominent  one  from  about  1845  to  1850.  O.  C.  Pratt  was  a  man  of  fine  education 
and  remarkable  natural  ability.  He  was  a  keen,  shrewd  lawyer  and  ready  and  eloquent 
speaker.  His  manners  were  haughty  and  unpopular,  but  his  superior  talents  were  con- 
ceded by  all.  He  went  to  California,  became  a  judge  and  acquired  immense  wealth  from 
the  practice  of  his  profession.  Van  H.  Higgins  at  that  time  made  no  pretentions  to 
oratory  (Pratt  being  the  orator  of  the  firm),  but  he  was  a  most  diligent  and  untiring 
student.  His  industry  and  faculty  for  absorbing  legal  lore  were  wonderful.  Xf>  "^*^" 
at  the  bar  had  such  an  extensive  knowledge  of  the  decisions  of  the  courts.  He  could  qn«^t^ 
cases  from  memory  by  the  hour  and  give  volume  and  page.  His  minute  and  prodigi' us 
legal  learning  quite  frightened  the  younger  members  of  the  bar,  but  it  set  them  to  huntm? 
np  authorities  as  well.  Mr.  Higgins  went  to  Chicago  in  1852  and  maintained  and  in- 
creased his  reputation  there  for  ability  and  learning.  He  became  judge  of  the  supcnor 
court  of  Cook  county  and  acquired  a  large  fortune. 

Col.  E.  D.  Baker,  known  all  over  the  Union  for  his  eloquence  and  brilliancy,  w^s 
for  some  time  a  member  of  the  Jo  Daviess  bar.  But  his  object  in  coming  to  this  county 
was  not  really  to  practice  law,  though  he  pretended  to  do  so,  but  to  enter  politics.  He 
had  scarcely  got  located  before  he  began  his  canvass  for  congress,  to  which  he  was  elected 
in  1848.  After  the  expiration  of  his  term  he  went  to  Oregon,  became  United  Stares 
senator  and  was  killed  in  the  war  of  the  Rebellion.  Whatever  may  have  been  his  ments 
as  a  lawyer,  as  an  orator  he  had  few  equals. 


THE  BENCH  AND  BAR  OF  ILLINOl 

There  were  many  other  lawyers  of  that  day  of  less  note,  but  st 
and   talents,    only   a  few   of  whom  my   space  will   allow   me  to   met 
way.     John  Stark,  a  man  of  literary  tastes  and  fine  education,  a  nati^ 
practiced  law  for  several  years  in  Galena,  but  finally  gave  up  the  law 
A.  L.  Holmes,  from  New  Hampshire,  a  graduate  from  Dartmouth  Cc 
of  ability,  who  left  the  law  for  mercantile  pursuits  in  1849.     And  thei 
man,  a  man  of  splendid  talents:  an  eloquent  orator,  brilliant,  witty  an 
an  inveterate  hater  of  O.  C.   Pratts,  whom  he  always  spoke  of  as  it- 
harangued    the  jury,"   he   used   to   say.      Had    it   not   been   for   his   h 
Churchman   would  have   been   one  of  the  first   lawyers   in  the   state. 
fornia   in    1848,   shone  there  with   great  brilliancy   for   several   years   \ 
in  the  darkness.     There  was  B.  B.  Howard,  lawyer,  politician  and  pat 
senator,  postmaster  of  Galena,  and  when  the  rebellion  broke  out,   ra 
soldiers  and  was  killed  with  a  large  number  of  his  command  in  a  raili 
in  the  war. 

M.  Y.  Johnson,  a  man  of  many  peculiarities  of  character  and  we 
state,  came  to  Galena  from  Kentucky  in  1844  and  had  a  large  practic 
He  was  a  man  of  kindly  disposition  and  possessed  of  a  rude  and  hon 
a  quaint,  original  humor,  often  very  effective  before  the  juries  of  his  d* 

I  would  not  convey  the  impression  by  anything  I  have  said  that  j 
bers  of  the  Jo  Daviess  bar  were  men  of  such  splendid  talents  as  those  '. 
that  would  not  be  correct.  While  that  bar  was  remarkably  and  exc 
contained  also  some  ignorant  and  stupid  members,  such  as  are  found 
bars,  and  will  continue  to  be  found  until  a  higher  standard  of  education 
edge  shall  be  required  for  admission. 

I  hope  it  may  not  be  impertinent  in  this  presence  to  inquire  v 
standard  for  admission  to  our  colleges  and  to  all  the  other  professions 
advanced  in  late  years,  the  time  has  not  come  in  this  state  to  demand  a  n 
of  intelligence,  education  and  knowledge  of  law  on  the  part  of  thos 
tc  practice  than  has  been  heretofore  required,  if  the  profession  of  law  is  i 
regarded  as  one  of  the  learned  professions? 

Permit  another  suggestion  and   I  have  done.     There  is  no  other 
fession  in   which  there  is   so  much  wasted  energy  as  in   the  legal  prof" 
no  other  calling  which  demands  such  vast  exercise  of  the  logical  faculty, 
expenditure  of  intellectual   force.     And   yet  there  is  no   profession   in   \ 
of  mental  effort  are  so  transient,  or  so  soon  obliterated  from  the  public 
of  the  great  preachers  of  the  world,  the  Spurgeons,  the  Whitefields,  the 
sen'ed  in  their  published  sermons  and  passes  down  from  generation.    Tl 
nown  of  the  eminent  poets,  historians  and  novelists,  are  embalmed  in  i 
become  immortal.     But  the  erudite,  exhaustive  and  profound  argument, 
labors  of  many  months,  of  the  great  lawyer  is  heard  by  perhaps  half  a  ( 
then  in  a  few  days   forgotten  forever. 

The  brilliant  and  fascinating  plea  of  the  eloquent  criminal  advocate 
jury  by  storm  and  thrills  the  audience  with  wild  enthusiasm  and  saves  the 
the  prisoner,  is  but  a  seven  days'  wonder,  and  then  the  orator  and  his  elc 
oblivion.  Now  in  view  of  these  facts  would  it  not  be  a  wise  thing  to  do, 
tion,  or  a  similar  association,  to  take  some  steps  to  preserve  some  specir 
ments  and  speeches  of  the  eminent  lawyers  of  the  state,  with  sketches  0 
then  from  time  to  time,  say  once  in  a  decade,  publish  them,  so  that  the  i 
something  of  the  great  men  of  their  state  and  appreciate  them? 


CHAPTER  XXVIII. 

HISTORY    OF   THE    BOND    COUNTY    BAR. 

BY    HON.    WILLIAM    A.    NORTHCOTT. 

BOND  COUNTY  was  organized  by  an  act  of  the  territorial  legislature. 
passed  January  4,  181 7,  and  at  that  time  extended  as  far  north  as  the 
Wisconsin  line,  and  was  one  of  the  fifteen  counties  comprising  the  ter- 
ritory of  Illinois  at  the  time  of  its  admission  as  a  state. 

The  first  court  was  held  June  30,  1817,  at  Hill's  Station,  a  fort  on  Shoal 
creek,  about  eight  miles  southwest  of  Greenville.  Judge  Jesse  B.  Thomas, 
afterward  United  States  senator  from  Illinois,  presided.  The  legal  business  of 
the  county  from  this  date  until  ^bout  1837  was  conducted  by  visiting  lawyers, 
and  no  record  can  be  found  or  tradition  given  of  any  resident  attorney.  In 
1838  Judge  M.  G.  Dale,  then  a  young  attorney,  located  in  Greenville  and  re- 
mained there  until  a  short  time  prior  to  the  war,  when  he  removed  to  Edwards- 
ville,  Madison  county,  and  continued  practice  until  his  death,  in  1896.  He  was 
a  remarkable  man  in  many  respects,  and  one  who  retained  during  his  entire 
life  the  respect  and  good  will  of  the  people  of  both  Bond  and  Madison  counties. 
He  always  dreaded  to  speak  in  public,  and  was  not  strong  as  an  advocate  before 
a  jury,  but  as  county  judge,  at  different  times  in  each  of  these  counties,  he 
was  a  strong  judge  of  law  and  a  most  impartial,  upright  official.  He  was  a  very 
active  man,  continuing  in  practice  up  to  the  time  of  his  death. 

James  M.  Davis,  the  next  resident  lawyer  of  the  Bond  county  bar,  was  ex- 
actly an  opposite  type  from  Judge  Dale.  He  was  a  man  of  fiery  eloquence,  and 
his  particular  delight  was  in  presenting  a  case  to  the  jury  or  in  making  a 
political  speech  in  the  public  forum.  In  1849  ^^  went  to  Vandalia  to  take  a 
position  in  connection  with  the  United  States  land  office,  afterward  removing 
to  Hillsboro,  Montgomery  county,  where  he  was  the  tutor  and  benefactor  oi 
Congressman  Ed.  Lane,  who  read  law  under  him  and  who  received  his  law 
library  as  a  legacy.  Until  the  beginning  of  the  war  Mr.  Davis  was  an  active 
Whig,  but  at  that  time  became  a  Democrat  and  a  radical  sympathizer  with 
the  rebellion.    He  was  a  man  of  considerable  talent  and  great  social  qualities. 

At  the  beginning  of  1850  the  following  were  the  resident  lawyers  of  Green- 
ville and  members  of  the  Bond  county  bar:  Cornelius  Lansing,  Elam  Rust, 
Tevis  Greathouse,  Judge  S.  P.  Moore  and  Samuel  Stevenson.  Of  these  Judge 
Moore  continued  his  residence  the  longer  in  Greenville,  not  removing  until 
during  the  war  or  shortly  thereafter.  Tevis  Greathouse  was  a  man  of  much 
more  than  ordiharv  ability,  fond  of  literature  and  an  omnivorous  reader.  After 
leaving  Greenville  he  practiced  law,  until  his  death,  in  Vandalia. 

Between  1855  and  i860  many  new  additions  were  made  to  the  membership 

526 


THE  BENCH  AND  BAR  OF  ILLINOIS,  527 

of  the  bar,  the  most  notable  being  the  enrollment  of  Judge  Salmon  A.  Phelps, 
who  can  very  appropriately  be  called  its  Nestor.  Judge  Phelps  was  admitted 
to  the  bar  in  the  state  of  Mississippi  in  1841,  and  moved  to  Pocahontas,  Bond 
county,  in  1844,  living  on  a  farm,  but  practicing  law  both  before  justices  of  the 
peace  and  the  courts  of  record  at  Greenville  until  1855;,  when  he  moved  to  the 
county-seat  and  has  been  actively  engaged  in  practice  up  to  the  present  time. 
From  the  years  1859  to  1879  ^^  ^^^  his  sons  had  the  bulk  of  the  civil  business 
of  the  county  bar.  Judge  Phelps  never  liked  the  criminal  practice  and  while 
he  was  frequently  retained  in  the  defense  of  cases,  yet  it  was  always  distasteful 
to  him.  His  honorable  conduct,  strict  integrity  and  disposition  to  discourage 
litigation  has  left  a  marked  impress  upon  the  younger  members  of  the  county 
bar.  He  has  been  a  man  of  exemplary  habits,  kind  and  courteous,  and  has 
the  honor  in  his  old  age  of  living  in  the  same  county  where  he  has  resided  for 
fifty-three  ye^rs,  having  the  respect  and  love  of  all  his  neighbors.  Two  of  his 
sons  were  admitted  to  the  bar  in  Greenville.  One  of  them.  Judge  Alfred 
Phelps,  is  one  of  the  leading  lawyers  of  the  state  of  Colorado,  living  at  Denver, 
where  he  has,  by  his  marked  ability  and  high  demand  as  a  lawyer,  accumulated 
a  splendid  fortune.  Another  son,  George  S.  Phelps,  was  at  one  time  state's 
attorney  of  Bond  county,  and  is  now  a  member  of  the  bar  at  Leadville,  Colo- 
rado, where  he  has  held  the  positions  of  city  judge  and  district  judge. 

Four  sons  of  Ira  Kingsbury  were,  at  different  times,  members  of  the  county 
bar.  The  first  to  be  admitted  was  Judge  A.  N.  Kingsbury,  in  1855.  After 
practicing  a  few  years  in  this  county  he  removed  to  Hillsboro,  where  he  was  one 
of  the  leading  lawyers  until  the  time  of  his  death.  Dennis  H.  Kingsbury  was 
admitted  to  the  bar  about  1856  and  continued  practice  here  until  his  death,  in 
1893.  He  was  a  natural-born  lawyer,  with  all  the  instincts  for  special  pleading 
and  forms  of  law ;  besides  he  was  an  aggressive  debater  and  a  hard  fighter  be- 
fore a  jury.  He  was  a  man  of  strict  integrity  and  while  of  a  combative  dispo- 
sition, which  frequently  led  him  into  personal  encounters  with  his  enemies,  he 
was  strong  in  his  friendships  as  well  as  his  enmities.  He  always  commanded  a 
fair  share  of  the  clientage  of  the  bar.  He  never  allowed  politics  or  love  for 
place  to  interfere  with  his  profession,  but  was  its  devotee  to  the  exclusion  of  all 
other  masters.  Darius  Kingsbury,  after  admission,  removed  to  Carlyle,  where 
he  is  still  engaged  in  the  practice  of  law.  John  Kingsbury,  after  practicing  in 
Greenville  for  a  number  of  years,  retired,  and  lives  on  a  farm  in  Bond  county. 

J.  F.  Alexander  and  A.  G.  Henry,  who  afterward  became  two  of  Bond 
county's  most  distinguished  citizens,  were  admitted  about  the  same  time,  in 
1857.  Mr.  Alexander  was  at  one  time  a  member  of  the  state  senate  and  prom- 
inently identified  with  the  building  of  the  Vandalia  Railroad  and  the  Louisville 
&  Nashville  Railroad.  He  was  also  at  one  time  grand  master  of  the  Odd  Fel- 
lows of  Illinois.  He  devoted  but  little  attention  to  the  practice  of  law,  but 
was  one  of  the  best  parliamentarians  in  southern  Illinois,  and  had  a  wide  and 
extensive  acquaintance  throughout  the  state.  He  was  a  man  of  elegant  man- 
ners and  strong  intellectually. 

Judge  A.  G.  Henry  was  county  judge  of  Bond  county  for  two  terms,  and 


S2S  THE  BENCH  AND  BAR  OF  ILLINOIS. 

also  served  two  terms  in  the  legislature  of  Illinois.  He  is  a  man  of  strong 
native  ability  and  uncompromising  in  his  devotion  to  his  political  beliefs. 
Ahhough  at  an  advanced  age  and  confined  to  his  house  most  of  the  time  by 
sickness,  yet  his  mind  is  clear  and  his  memory  good,  he  being  a  ready  and 
entertaining  conversationalist. 

Job  A.  Cooper,  who  was  born  in  Bond  county  and  admitted  to  practice 
in  1859,  was  at  one  time  circuit  cierk  of  the  county  and  was  an  active  member 
of  tile  bar  during  the  few  years  he  was  connected  with  it.  Shortly  after  the 
war  he  moved  to  Colorado  and  rapidly  rose  in  distinction,  becoming  governor 
of  the  state,  and  is  one  of  its  wealthiest  and  most  prominent  citizens. 

William  H.  Dawdy  was  admitted  to  the  bar  while  residing  in  Vandalia, 
but  shortly  afterward,  in  1868,  located  in  Greenville,  where  he  has  practiced 
law  ever  siticc  and  is  still  one  of  the  most  prominent  members  of  the  bar. 
Judge  Dawdy  has  been  a  member  of  the  court  of  claims  of  the  state,  and  also 
assistant  United  States  district  attorney  and  state's  attorney  of  Bond  county. 
He  is  a  strong  advocate  before  a  jury,  and  during  the  thirty  years  of  his  prac- 
tice at  this  bar  has  been  on  one  side  or  the  other  of  nearly  every  important 
contest.  He  is  very  fond  of  a  good  story  and  is  of  a  sociable  and  courteous 
disposition.  He  and  Judge  Phelps  have  done  much  toward  giving  the  county 
bar  its  deserved  reputation  for  fairness  and  honesty,  both  toward  the  couil, 
jury  and  clients. 

WiUiam  A.  Northcott,  now  lieutenant  governor  of  lUinois,  was  admitted 
to  the  bar  in  West  Virginia,  in  1877,  but  removed  to  Greenville  in  1879  and 
has  continued  in  the  practice  of  law  ever  since.  Shortly  after  coming  to  Green- 
ville he  formed  a  partnership  with  Dennis  H.  Kingsbury,  which  continued 
until  Mr.  Northcott  was  elected  state's  attorney,  in  1882.  He  held  this  office 
tor  three  successive  terms. 

Judge  Cicero  J.  Lindley  entered  upon  the  practice  of  law  in  Greenville  in 
1882  and  held  the  office  of  county  judge  from  1886  to  1892.  He  lives  on  his 
large  and  profitable  farm  three  miles  south  of  Greenville,  but  he  has  been  en- 
gaged in  many  prominent  cases.  Judge  Lindley  is  widely  known  throughout 
the  state  of  Illinois  as  chairman  of  the  state  railroad  and  warehouse  commis- 
sion, and  also  as  having  received  the  entire  Republican  vote  for  United  States 
senator  in  1890,  when  Governor  John  M.  Palmer  was  elected.  Judge  Lindley 
is  an  orator  with  a  state  reputation,  and  is  well  grounded  in  the  principles  of 
law. 

F.  W.  Fritz  was  admitted  to  the  bar  in  1889  and  immediately  formed  a 
partnership  with  W.  A.  Northcott,  which  still  continues.  He  has  been  twice 
elected  state's  attorney  of  Bond  county,  atid  has  been  actively  engaged  in 
practice  ever  since  admission.  He  is  a  man  of  strict  integrity,  a  true  friend, 
and  hard  worker  in  his  profession.  Mr.  Fritz  is  a  public  speaker  of  con- 
siderable merit  and  is  prominently  connected  with  his  party  and  has  advocated 
its  principles  upon  the  stump  since  1888. 

C.  E.  Cook  was  admitted  to  the  bar  in  Montgomery  county  and  practiced 
for  a  few  years  at  Raymond,  locating  at  Greenville  in  1889,  where  he  is  still 


THE  BENCH  AND  BAR  OF  ILLINOIS,  529 

a  member  of  the  bar.  He  has  a  good  clientage  and  is  an  industrious  lawyer. 
He  has  been  city  attorney  and  also  attorney  for  the  Greenville  Building  & 
Savings  Association  nearly  all  the  time  since  coming  to  Greenville. 

H.  W.  Park  was  admitted  to  the  bar  in  Richland  .county  and  located  in 
Greenville  in  1891,  and  was  connected  with  the  firm  of  Northcott,  Fritz  & 
Hoiles  until  1897,  when  he  opened  an  office  by  himself.  He  is  well  learned 
in  the  law  and  was  the  tutor  of  Alfred  Adams,  Joseph  Streuber  and  Clarence 
E.  Hoiles. 

James  M.  Miller,  L.  H.  Craig,  H.  H.  Craig,  Thomas  Tiffin,  Charles  E. 
Davidson,  Solon  A.  Enloe,  L.  E.  Bennett,  Joseph  Streuber  and  Alfred  Adams 
were  all,  for  short  periods,  members  of  the  Greenville  bar. 

Clarence  E.  Hoiles,  member  of  the  firm  of  Northcott,  Fritz  &  Hoiles, 
was  admitted  to  the  bar  in  1896.  He  is  a  grandson  of  Charles  Hoiles,  who 
founded  the  banking  house  of  Hoiles  &  Sons,  and  belongs  to  one  of  the  oldest 
and  most  prominent  families  in  Bond  county.  Kingsbury  &  Northcott,  North- 
cott &  Fritz  and  Northcott,  Fritz  &  Hoiles,  have  been  the  styles  of  the  firms 
to  which  Mr.  Northcott  has  belonged  since  1880. 

The  latest  member  of  the  Greenville  bar  is  Joseph  H.  Story,  who  was 
admitted  in  the  summer  of  1897,  and  was  appointed  county  judge,  by  Governor 
Tanner,  in  December  of  that  year,  to  fill  the  vacancy  caused  by  the  resigna- 
tion of  John  F.  Harris,  who  was  elected  in  1894,  but  who  removed  to  Montana 
in  1897.  The  list  of  Bond  county's  lawyers  begins  with  Judge  Dale  and  ends 
with  Judge  Story. 

The  first  case  on  the  Bond  county  docket  was  that  of  the  United  States 
versus  Anderson  Riley,  for  assault  and  battery,  and  he  was  fined  five  dollars 
and  costs.  The  first  civil  case  was  that  of  Michael  Dodds  versus  Paul  Beeks, 
an  action  of  trespass  on  the  case.  The  conclusion  of  this  case  is  found  in  the 
following  court  entry :  */The  plaintiff .  was  solemnly  called  and  came  not, 
neither  is  his  suit  further  prosecuted;  therefore,  on  motion  of  the  defendant  by 
his  attorney,  it  is  ordered  by  the  court  that  the  jurors,  from  rendering  their 
verdict  aforesaid,  be  discharged  and  that  the  plaintiff  be  nonsuited  and  that 
the  said  defendant  go  thereof  without  delay  and  recover  against  the  plaintiff 
his  costs  by  him  about  his  defense  in  this  behalf  expended." 

Judge  Phelps  says  that  the  first  court  he  attended  in  Bond  county  was  in 
1844.  James  Shields,  afterward  distinguished  as  a  soldier  and  United  States 
senator  from  three  states,  presided.  Among  the  lawyers  in  attendance  were 
Lyman  Trumbull,  William  H.  Bissell  and  Joseph  Gillespie.  In  Bond  and  other 
counties  during  the  early  history  of  the  bar  in  Illinois  the  principal  attorneys 
were  those  who  were  in  the  habit  of  traveling  from  court  to  court.  Among 
those  distinguished  visitors  were  such  lawyers  as  Sidney  Breese,  U.  F.  Linder, 
Anthony  Thornton,  A.  P.  Fields,  Governor  Koerner,  Governor  John  Reynolds, 
Jehu  Baker,  John  B.  Hay,  Richard  and  Ben  Bond.  In  later  years  visiting  at- 
torneys well  known  in  the  Bond  county  court-room  were  such  men  as  Met- 
calf,  Van  Hoorebecke,  B.  W.  Henry,  Judge  William  Farmer,  Judge  Ed.  Lane 

and  Judge  Jacob  Fouke. 
34 


530  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Lincoln  never  appeared  before  the  Greenville  bar,  but  he  was  employed 
in  cases  going  from  Bond  county  to  the  supreme  court.  One  memorable  case 
was  that  of  Stout  versus  Byrnes,  which  was  a  contest  about  a  hog.  which 
Byrnes  had  found  trespassing  upon  his  premises  and  had  castrated  and  lurned 
loose  in  the  woods  and  which  died.  Stout  claimed  the  hog,  and  his  attorney 
brought  an  action  for  trover  and  conversion.  In  the  supreme  court  Lincoln 
appeared  for  Stout  and  took  the  position  that  the  castration  of  the  hog  was 
such  a  conversion  as  entitled  Stout  to  his  action,  and  the  supreme  court  held 
the  position  not  well  taken.  This  case  is  reported  in  15th  Illinois  Reports, 
page  180. 

Judge  Phelps  tells  an  amusing  incident,  growing  out  of  a  chase  after  three 
fugitive  negroes,  who  were  caught  in  the  southwestern  portion  of  Bond  county 
after  an  exciting  chase,  which  was  joined  in  by  about  one  hundred  residents 
of  that  part  of  the  county.  Three  of  the  men  captured  the  fugitives,  slipped 
them  through  to  St.  Louis  and  received  the  reward  of  one  hundred  and  fifty 
dollars,  refusing  to  divide  with  the  other  hunters.  Suit  was  brought  before 
a  justice  of  the  peace  for  division  of  the  prize  money,  and  an  appeal  taken  to 
the  circuit  court.  Judge  Underwood,  in  passing  upon  the  case,  said  he  "guessed 
the  rules  of  the  hunt  would  apply  and  the  money  must  be  divided  amongst  all 
those  engaged  in  the  chase;"  and  the  division  was  accordingly  made. 

Judge  Henry  tells  of  an  incident  occurring  when  Judge  Sidney  Brcese  was 
presiding  over  the  circuit  court.  It  seems  that,  as  was  the  custom  in  those  days, 
after  adjournment  of  court  the  lawyers  engaged  in  the  amusement  of  a  little 
game  of  cards  for  money,  and  that  the  grand  jury  "got  onto  them,"  indicted 
them,  and  they  immediately  plead  guilty  and  paid  their  fines.  Judge  Breese, 
who  was  a  particcps  criminis,  in  open  court  said  to  the  clerk.  "Just  assess  a 
fine  of  ten  dollars  against  the  court,"  which  was  accordingly  done. 

In  later  days  such  men  as  Judges  Snyder,  Watts,  Wall,  Wildermann  and 
Burroughs  have  presided  over  the  Bond  county  circuit  court.  Judge  Snyder 
was  always  fond  of  a  good  story  and  enjoyed  telling  his  share  of  them.  It  is 
related  of  him  that  during  one  session  of  the  court,  there  was  a  lawyer  who 
was  extremely  tiresome  in  telling  his  stories,  and  they  were  very  poor  stories 
at  that.  On  one  occasion,  when  the  bar  and  judge  had  gathered  to  enjoy  the 
recital  of  these  stories,  this  lawyer  was  particularly  obnoxious  in  a  long-winded 
story  he  was  trying  to  tell;  and  finally  Judge  Snyder,  becoming  impatient, 
sprang  from  his  scat,  grabbed  the  offending  lawyer  by  the  shoulders,  and 
shaking  him  heartily,  said:  "Tell  that  story  quick,  d — n  you!  or  I'll  shake 
the  life  out  of  you." 

Upon  one  occasion  such  splendid  story-tellers  as  Joseph  Gillespie,  W.  H. 
Snyder  and  "Jim"  Robinson,  of  Springfield,  and  one  or  two  others,  were  gath- 
ered together  telling  stories.  J.  P.  Garland,  of  Greenville,  a  strict  church 
member,  was  present  and  a  nonparticipant.  His  sober  manner  and  grave 
face  gave  those  present  the  impression  that  he  was  ashamed  of  a  court  and  bar 
that  indulged  in  such  trivial  nonsense;  but  this  impression  was  speedily  over- 


THE  BENCH  AND  BAR  OF  ILLINOIS.  531 

come,  when,  after  a  lull  in  the  story-telling,  he  slapped  his  hand  upon  Joe 
Gillespie's  knee,  saying :     "Why  don't  you  tell  another  ?" 

W.  H.  Dawdy  tells  a  good  joke  upon  Dennis  H.  Kingsbury,  which  hap- 
pened at  the  time  they  were  both  leaders  of  the  Greenville  bar.  Kingsbury 
had  a  horse  called  Tim,  which  he  was  very  fond  of  driving  and  which  was 
pretty  fast.  On  one  occasion  he  was  arrested  by  the  city  marshal  of  Green- 
ville for  fast  driving  through  the  streets,  and  Dawdy  defended  him.  In  his 
plea  Mr.  Dawdy  took  the  position  that  Tim  was  too  slow  a  horse  to  go  fast 
enough  to  violate  the  city  ordinances.  Mr.  Kingsbury  arose  with  much  dig- 
nity and  withdrew  the  plea  and  paid  his  fine,  saying,  "I  would  rather  pay  it 
than  to  have  the  record  of  my  horse  attacked." 

While  Mr.  Northcott  was  state's  attorney  he  was  prosecuting  Louis  White 
for  arson,  and  John  Kingsbury,  was  defending.  In  his  argument  Mr.  Kings- 
bury said,  "My  client  was  a  faithful  soldier  in  two  wars,  the  Mexican  and  the 
war  of  the  Rebellion.  Where  was  Louis  White  at  the  battle  of  Buena  Vista? 
I'll  tell  you,  gentlemen  of  the  jury,  he  was  on  the  back  of  a  mule,  fleeing  from 
the  enemy!"     This  climax  captured  the  jury  and  the  defendant  was  acquitted. 

One  of  the  most  popular  judges  presiding  over  the  Bond  county  circuit 
court  was  Judge  Amos  Watts,  of  Nashville.  He  was  always  kind  and  con- 
siderate of  the  younger  members  of  the  bar.  In  appearance  he  was  very  much 
like  Lincoln,  and  was  full  of  dry  humor.  At  one  time  in  calling  the  docket, 
he  called  the  case  of  Daniel  Joiner  versus  Ellen  Joiner,  for  divorce.  With  a 
dry  smile,  he  said:     "I  guess  Joiner  wants  to  be  disjoined." 

♦Salmon  A.  Phelps,  ex-county  judge  of  Bond  county,  and  a  well  known 
practitioner  at  the  Greenville  bar,  was  born  in  Otsego  county,  New  York,  on 
the  2d  of  June,  1817,  his  parents  being  Joshua  and  Elizabeth  (Peck)  Phelps. 
Both  were  born  and  reared  near  Hebron,  Connecticut,  and  after  their  marriage 
they  removed  to  Otsego  county,  New  York,  about  1798.  They  there  located 
on  a  farm,  but  later  made  their  home  in  Cooperstown,  New  York,  where  Judge 
Phelps  remained  until  leaving  home  in  order  to  complete  his  education.  After 
preparing  for  collegiate  work  he  entered  Union  College,  at  Schenectady,  New 
York,  in  1834,  and  was  graduated  in  1838.  It  was  not  long  after  this  that 
he  was  offered  a  position  as  assistant  in  a  private  academy  in  Steubenville, 
Ohio,  where  he  engaged  in  teaching  during  the  fall  and  winter  terms  of  1838-9. 
In  the  spring  of  the  latter  year  he  was  offered  a  more  lucrative  position,  in 
Woodville,  Mississippi,  where  he  engaged  in  teaching  in  1839  and  1840,  at  the 
same  time  devoting  his  leisure  moments  outside  of  the  school-room  to  the 
study  of  law. 

In  the  autumn  of  1840  Judge  Phelps  was  admitted  to  the  bar  and  began 
the  practice  of  his  chosen  profession  in  Woodville,  where  he  remained  until 
the  spring  of  1844,  when,  on  account  of  his  wife's  precarious  health,  he  re- 
moved to  Illinois,  locating  on  a  farm  in  the  western  part  of  Bond  county.  In 
the  spring  of   1856  he  took  up  his  residence  in   Greenville  and  resumed  the 


*  The  following  paragraphs  are  not  a  portion  of  Mr.  Northcott's  contribution. 


532  THE  BENCH  AND  BAR  OF  ILLINOIS. 

practice  of  law,  which  he  has  since  continued,  enjoying  a  fair  share  of  the  pub- 
lic patronage.  He  took  no  very  active  part  in  politics  in  Mississippi,  except 
to  aid  in  opposing  the  repudiation  of  the  state  debt  in  1842-3.  He  came  to 
Illinois  a  Henry  Clay  Whig,  in  1844,  but  the  event  which  attended  the  formation 
of  the  Republican  party  aroused  his  deep  interest,  and  he  joined  the  new  or- 
ganization, voting  for  its  candidates  in  1856.  Since  that  time  he  has  continued 
one  of  its  stalwart  advocates  and  has  taken  an  active  part  in  campaign  work 
in  Bond  and  adjoining  counties.  From  1850  until  1872  he  discussed  from  the 
campaign  platforms  the  issues  aflFecting  the  general  welfare  of  state  and  nation, 
but  since  that  time  has  left  the  more  arduous  political  work  to  others.  In  the 
fall  of  1890  he  was. elected  county  judge,  and  served  for  a  four-years  term,  in 
a  strictly  impartial  manner. 

Judge  Phelps  was  married,  in  Woodville,  Mississippi,  in  December,  1841, 
to  Miss   Hannah   H.   Bulkley,  of  Granville,  Washington  county.  New  York, 
and  on  account  of  her  health,  as  before  noted,  purchased  a  farm  in  Bond  county, 
Illinois,  in  1843,  removing  thereto  in  the  spring  of  1844.     His  wife  died  soon 
afterward,  however,  and  in  1845  he  married  Miss  Caroline  R.  Bulkley,  also  oi 
Granville,  New  York,  who  died  in  Bond  county  in  1881.     The  Judge's  sons, 
Alfred  C.  and  George  S.,  were  both  soldiers  in  the  Union  army  during  the  civil 
war.     The  elder  enlisted  as  a  private  in   1862,  and  was  discharged  with  the 
rank  of  first  lieutenant,  in  1865.     After  his  return  home  he  spent  one  year  in 
college  at  Jacksonville,  Illinois,  then  studied  law  and  was  admitted  to  the  bar 
in   Bond  county.     He  then  practiced  with  his  father  until   1873,  when  he  re- 
moved to  Denver,  Colorado,  and  is  now  a  prominent  member  of  the  Denver 
bar.     He  was  also  a  member  of  the  first  legislature  of  that  state.     The  second 
son,  George  S.  Phelps,  entered  the  army  in  1865  and  served  through  the  last 
summer  of  the  war.     After  completing  his  education  he  served  as  circuit  clerk 
for  six  years,  w^as  admitted  to  the  bar  in  1879,  and  served  as  prosecuting  at- 
torney of  Bond  county  in  1882.     The  following  year  he  removed  to  Leadville, 
Colorado,   where   he   is   now  practicing  \^\v   with  excellent   success.     He  has 
served  both  as  state's  attorney  and  as  county  judge  at  that  place. 

William  A.  Northcott. — The  history  of  a  state,  as  well  as  that  of  a  nation, 
is  chiefly  a  chronicle  of  the  lives  and  deeds  of  those  who  have  conferred  honor 
and  dignity  upon  society.  The  world  judges  of  the  character  of  a  community 
by  those  of  its  representative  citizens,  and  yields  its  tributes  of  admiration  and 
respect  for  the  genius  or  learning  or  virtues  of  those  men  whose  w'orks  and 
actions  constitute  the  record  of  a  state's  prosperity  and  pride.  It  is  this  record 
that  offers  for  our  consideration  the  history  of  men  who  for  their  probity,  use- 
fulness and  achievements,  as  well  as  their  integrity  in  the  affairs  of  life,  are 
ever  affording  to  the  young  examples  worthy  of  emulation. 

While  Hon.  WilHam  A.  Northcott  ranks  among  the  ablest  lawyers  of 
southern  Illinois,  he  has  also  won  distinguished  honors  in  connection  with  the 
administration  of  the  affairs  of  the  state,  and  is  now  holding  the  important 
office  of  lieutenant  governor  of  Illinois.  He  was  born  in  Murfreesboro,  Ten- 
nessee, January  28,  1854,  a  son  of  General  R.  S.  Northcott,  who  at  the  breaking 


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THE  BENCH  AND  BAR  OF  ILLINOIS.  533 

out  of  the  war  of  the  Rebellion  was  forced  to  leave  his  Tennessee  home  on 
account  of  his  Union  sentiments.  Accordingly  he  went  to  West  Virginia, 
where  he  was  commissioned  colonel  of  a  regiment.  He  served  throughout 
the  entire  war  and  for  nine  months  was  held  as  a  prisoner  in  Libby. 

Having  acquired  his  literary  education  in  the  public  schools,  Mr.  North- 
cott  afterward  entered  the  United  States  Naval  Academy,  at  Annapolis,  Mary- 
land, and  later  he  engaged  in  teaching  school.  Preparing  for  the  practice  of 
law,  he  was  admitted  to  the  bar  in  1877,  and  in  1879  removed  to  Greenville, 
Illinois,  where  he  has  since  made  his  home.  From  the  beginning  of  his  career 
as  a  legal  practitioner  his  eflForts  have  been  attended  with  success.  He  has 
mastered  the  science  of  jurisprudence,  and  his  deep  research  and  thorough 
preparation  of  every  case  committed  to  his  care  enable  him  to  meet  at  once 
any  contingency  that  may  arise.  His  cause  is  fenced  about  with  unanswerable 
logic,  and  his  arguments  are  strong,  clear,  decided  and  follow  each  other  in 
natural  sequence,  forming  a  chain  of  reasoning  that  his  opponent  finds  very 
difficult  to  break.  In  1882  he  was  elected  state's  attorney  of  Bond  county, 
was  re-elected  in  1884  and  again  in  1888,  his  faithful  service  being  plainly  in- 
dicated by  the  frequency  with  which  he  was  chosen  for  the  position.  In  1880 
he  was  appointed  by  President  Hayes  to  the  office  of  supervisor  of  the  census 
for  the  seventh  district  of  Illinois,  and  in  1890  was  appointed  by  President 
Harrison  a  member  of  the  board  of  visitors  to  the  United  States  Naval  Acad- 
emy, while  by  that  board  he  was  selected  to  deliver  the  annual  oration  to  the 
graduating  class.  In  1892  he  was  the  Republican  nominee  for  congress  in  the 
eighteenth  district,  but  was  defeated  in  the  Democratic  landslide  of  that  year. 
In  1896  his  name  was  placed  on  the  Republican  state  ticket  for  the  office  of 
lieutenant  governor,  and,  receiving  the  highest  vote  ever  given  to  any  man 
in  Illinois,  he  is  now  serving  in  that  important  position,  by  virtue  of  which  he  is 
the  presiding  officer  in  the  senate. 

On  the  31st  of  March,  1880,  Mr.  Northcott  married  Miss  Julia  Dressor, 
daughter  of  Senator  Dressor.  She  died  the  following  year,  leaving  a  son, 
Nathaniel  D.  Mr.  Northcott  was  again  married  in  1882,  his  second  union 
being  with  Miss  Ada  Stoutzenberg,  of  Marine,  Madison  county,  Illinois,  and 
they  have  one  daughter,  Amy  Allen.  Mr.  Northcott  is  a  prominent  and  valued 
member  of  several  civic  societies,  including  the  Masonic  fraternity,  the  Inde- 
pendent Order  of  Odd  Fellows,  Knights  of  Pythias,  Modern  Woodmen  of 
America,  Court  of  Honor,  Home  Forum,  Royal  Neighbors  and  Fraternal 
Tribune.  In  November,  1890,  he  was  elected  head  consul  for  president  of  the 
Modern  Woodmen  of  America,  was  re-elected  in  1892,  1895  and  again  in  1897, 
and  still  continues  in  that  office.  His  career,  both  public  and  private,  is  marked 
by  the  strictest  integrity  and  faithfulness  to  every  trust  reposed  in  him.  He 
has  been  honored  by  the  state  and  by  social  organizations,  and  in  turn  his 
upright  career  has  been  an  honor  to  them.  In  society  he  is  a  most  genial, 
cordial  gentleman,  appreciative  of  worth  in  others,  and  his  kindly  manner  has 
won  him  a  host  of  friends,  who  esteem  him  for  his  personal  worth,  aside  from 
his  political  and  civic  honors. 


534  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Fred  William  Fritz  is  a  practitioner  at  the  bar  of  Bond  county,  Illinois, 
is  a  resident  of  Greenville,  has  gained  distinctive  preferment  in  his  chosen 
profession  and  has  now  a  very  important  and  extensive  clientele.  He  was 
born  in  St.  Louis,  Missouri,  April  21,  1862,  and  is  a  son  of  Jacob  L.  and  Kath- 
arine Fritz,  who  came  to  this  country  from  western  Germany.  The  father  was 
a  Union  soldier  during  the  war  of  the  Rebellion,  serving  as  a  member  of  a 
Missouri  volunteer  regiment.  In  1866  he  took  up  his  residence  in  Bond 
county,  Illinois,  where  he  spent  the  residue  of  his  days,  his  death  occurring 
October  7,  1885.  His  wife  is  still  living,  her  home  being  in  St.  Louis,  Missouri. 
Her  maternal  grandfather  was  a  soldier  under  Napoleon  Bonaparte  in  his  cele- 
brated Russian  campaign  and  witnessed  the  burning  of  Moscow. 

With  the  exception  of  a  short  course  in  a  St.  Louis  business  college,  Mr. 
Fritz  of  this  review  enjoyed  only  such  educational  advantages  as  were  afforded 
by  the  common  schools  of  his  neighborhood.     Later  he  engaged  in  teaching 
in  the  schools  of  Bond  county  for  a  number  of  years,  most  of  the  time  holding 
a  first-grade  certificate,  granted  him  by  the  county  superintendent  of  schools. 
His  tastes  lie  along  literary  lines,  and  desiring  to  devote  his  energies  to  a 
professional  career,  he  began  reading  law  in  the  office  of  Hon.  William  A. 
Northcott,  at  Greenville,  and   in   November,    1889,  ^^is  admitted  to  the  bar. 
Before  his  admission,  in  the  spring  of  that  year,  he  formed  a  partnership  with 
Mr.  Northcott,  under  the  firm  name  of  Northcott  &  Fritz,  and  later  Clarence 
E.  Hoiles,  of  Greenville,  was  admitted  as  a  copartner,  at  which  time  the  style 
of  Northcott,  Fritz  &  Hoiles  was  assumed.     Reference  to  the  county  records 
will  show  that  this  firm  has  been  employed  on  one  side  or  the  other  of  every 
important  case  tried  in  any  of  the  local  courts  during  the  last  nine  years.    As 
the  senior  member  is  compelled  to  give  most  of  his  time  to  the  affairs  of  the 
Modern  Woodmen  of  America,  a  fraternal  insurance  company,  of  which  he  is 
one  of  the  chief  officers,  much  of  the  law  business  devolves  upon  Mr.  Fritz, 
who  is  fully  capable  of  handling  the  responsible  duties  concerning  their  ex- 
tensive law  practice.     He  has  won  for  himself  very  favorable  criticism  by  the 
careful  and  systematic  methods  which  he  has  followed.     He  has  remarkable 
powers  of  concentration  and  application,  and  his  retentive  mind  has  often  ex- 
cited the  surprise  of  his  professional  colleagues.     As  an  orator  he  stands  high, 
especially  in  the  discussion  of  legal  matters  before  the  court,  where  his  compre- 
hensive knowledge  of  the  law  is  manifest  and  his  application  of  legal  principles 
demonstrates   the  wide   range  of   his  professional  acquirements.     The  utmost 
care  and  precision  characterize  the  preparation  of  his  cases  and  have  made  him 
one  of  the  most  successful  attorneys  in  Greenville. 

Mr.  Fritz  was  married  October  7,  1897,  to  Miss  Lucie  Smith  Keller,  a 
daughter  of  John  Keller,  of  Edwardsville,  Illinois,  who  is  quite  well  known 
in  Madison  county  as  a  Democratic  politician,  having  held  several  township 
and  city  offices  within  the  last  ten  years.  Mrs.  Fritz  is  a  graduate  of  the  high 
school  of  Edwardsville  and  is  one  of  the  most  accomplished  pianists  of  this 
section  of  the  state.     She  presides  with  grace  over  their  hospitable  home,  and 


THE  BENCH  AND  BAR  OF  ILLINOIS,  535 

with  her  husband  is  welcomed  to  the  best  homes  of  the  city  in  which  they  re- 
side. 

Mr.  Fritz  was  a  member  of  the  lUinois  National  Guard  for  a  number  of 
years  and  was  twice  unanimously  tendered  the  captaincy  of  his  company,  but 
the  press  of  his  professional  duties  obliged  him  to  decline  the  honor.  He  filled 
the  office  of  abstracter  of  census  in  his  congressional  district  in  1890;  was  elected 
state's  attorney  for  Bond  county  in  November,  1892,  and  after  a  four-years 
term  was  re-elected  in  November,  1896. 

He  has  always  been  a  stanch  advocate  of  Republican  principles,  and  does 
all  in  his  power  to  promote  the  growth  and  insure  the  success  of  his  party. 
He  holds  membership  in  the  Presbyterian  church  and  is  a  valued  member  of 
various  social  organizations.  He  belongs  to  the  subordinate  lodge  and  en- 
campment of  the  Independent  Order  of  Odd  Fellows,  and  in  the  former  has 
filled  all  the  chairs ;  is  a  member  of  the  Knights  of  Pythias,  in  which  he  is  now 
past  chancellor ;  a  member  of  the  Sons  of  Veterans,  twice  serving  as  captain  of 
the  local  camp;  a  member  of  the  Modem  Woodmen  of  America,  the  D.  O. 
K.  K.  and  the  Masonic  fraternity.  Such  is  a  brief  record  of  one  whose  success- 
ful and  honorable  past  is  an  index  of  his  future. 


CHAPTER  XXIX. 

ABRAHAM     LINCOLN— DAVID     DAVIS— SHELBY     M.     CULLOM— GEORGE 
MANIKRRE— ISAAC    N.    ARNOLD— THOMAS   HOYNE— MEL- 
VILLE    W.    FULLER— LEONARD    SWETT. 

J\    IJRAHAM  LINCOLN,  the  sixteenth    president    of    the    United  States, 

l\     stands  out  conspicuously  in  the  category  of  illustrious  American  heroes 

-^    ^    and  statesmen,  next  to  Washington.     The  one  earned  the  distinguished 

appellation  of  "father  of  his  country,"  the  other  that  of  its  **savior"  from  the 

perils  of  a  fratricidal  war. 

On  the  I2th  of  February,  1809,  in  Larue  (then  Hardin)  county,  Kentucky, 
Abraham  Lincoln  was  born.  His  parents  were  Thomas  and  Nancy  (Hanks) 
Lincoln.  Of  his  ancestry  in  early  years,  the  little  that  is  known  may  best  be 
given  in  his  own  language: 

My  parents  were  both  born  in  Virginia,  of  distinguished  families — second  families 
perhaps,  I  should  say.  My  mother,  who  died  in  my  tenth  year,  was  of  a  family  by  the 
name  of  Hanks,  some  of  whom  now  remain  in  Adams,  and  others  in  Macon  county. 
Illinois.  My  paternal  grandfather,  Abraham  Lincoln,  emigrated  from  Rockbridge  county. 
Virginia,  to  Kentucky,  in  1781  or  1782,  where,  a  year  or  two  later,  he  was  killed  by  Indians— 
not  in  battle,  but  by  stealth  when  he  was  laboring  to  open  a  farm  in  the  forest  My 
ancestors,  who  were  Quakers,  went  to  Virginia  from  Berks  county,  Pennsylvania.  An 
effort  to  identify  them  with  the  New  England  family  of  the  same  name  ended  in  nothing 
more  definite  than  a  similarity  in  Christian  names  in  both  families,  such  as  Enoch,  Levi, 
Mordecai,  Solomon,  Abraham  and  the  like.  My  father  at  the  death  of  his  father  was 
but  six  years  of  age,  and  he  grew  up  literally  without'  education.  He  removed  from 
Kentucky  to  what  is  now  Spencer  county,  Indiana,  in  my  eighth  year.  We  reached  our 
new  home  about  the  time  the  state  came  into  the  union.  It  was  a  wild  region,  with 
bears  and  other  wild  animals  still  in  the  woods.     There  I  grew  to  manhood. 

There  w^ere  some  schools,  so  called,  but  no  quahfication  was  ever  required  of  the 
teacher  beyond  "readin',  writin',  and  cipherin*  to  the  rule  of  three."  If  a  straggler  sup- 
posed to  understand  Latin  happened  to  sojourn  in  the  neighborhood  he  was  looked  upon 
as  a  wizard.  There  was  nothing  to  excite  ambition  for  education.  Of  course  when  I 
came  of  age  I  did  not  know  much.  Still,  somehow,  I  could  read,  write,  and  cipher  to 
the  rule  of  three,  and  that  was  all.  I  have  not  been  to  school  since.  The  little  advance 
I  now  have  upon  this  store  of  education  I  have  picked  up  from  time  to  time,  under  the 
pressure  of  necessity.  I  was  raised  to  farm  work,  which  I  continued  until  I  was  twent>'- 
two.  At  twenty-one  I  came  to  Illinois,  and  passed  the  first  year  in  Macon  county.  Then 
I  got  to  New  Salem,  at  that  time  in  Sangamon,  now  in  Menard,  county,  where  I  re- 
mained a  year  as  a  sort  of  clerk  in  a  store. 

Then  came  the  Black  Hawk  war,  and  I  was  elected  a  captain  of  volunteers — ^a  suc- 
cess which  gave  me  more  pleasure  than  any  I  have  had  since.  I  went  into  the  campaign; 
was  elated:  ran  for  the  legislature  the  same  year  (1832)  and  was  beaten — the  only  time 
I  have  ever  been  beaten  by  the  people.  The  next  and  three  succeeding  biennial  elections 
I  was  elected  to  the  legislature,  and  was  never  a  candidate  afterward. 

During   this   legislative   period    I   had   studied   law,   and  removed   to    Springfield  to 

536 


THE  BENCH  AND  BAR  OF  ILUNOIS.  537 

practice  it.  In  1846  I  was  elected  to  the  lower  house  of  congress;  was  not  a  candidate 
for  re-election.  From  1849  until  1854,  inclusive,  I  practiced  the  law  more  assiduously  than 
ever  before.  Always  a  Whig  in  politics,  and  generally  on  the  Whig  electoral  tickets, 
making  active  canvasses,  I  was  losing  interest  in  politics  when  the  repeal  of  the  Missouri 
Compromise  roused  me  again.    What  I  have  done  since  is  pretty  well  known. 

The  early  residence  of  Lincoln  in  Indiana  was  sixteen  miles  north  of  the 
Ohio  river,  on  Little  Pig^eon  creek,  one  and  a  half  miles  east  of  Gentryville, 
within  the  present  township  of  Carter.  Here  his  mother  died,  October  5,  i8t8, 
and  the  next  year  his  father  married  Mrs.  Sallie  (Bush)  Johnston,  of  Elizabeth- 
town,  Kentucky.  She  was  an  affectionate  foster-parent,  to  whom  Abraham  was 
indebted  for  his  first  encouragement  to  study.  He  became  an  eager  reader,  and 
the  few  books  owned  in  the  vicinity  were  many  times  perused.  He  worked  fre- 
quently for  the  neighbors  as  a  farm  laborer,*  was  for  some  time  clerk  in  a  store 
at  Gentryville,  and  became  famous  throughout  that  region  for  his  athletic  pow- 
ers, his  fondness  for  argument,  his  inexhaustible  fund  of  humorous  anecdote,  as 
well  as  for  mock  oratory  and  the  composition  of  rude  satirical  verses.  In  1828 
he  made  a  trading  voyage  to  New  Orleans  as  "bow  hand"  on  a  flatboat;  removed 
to  Illinois  in  1830;  helped  his  father  build  a  log  house  and  clear  a  farm  on  the 
north  fork  of  Sangamon  river,  ten  miles  west  of  Decatur,  and  was  for  some  time 
employed  in  splitting  rails  for  the  fences — a  fact  which  was  prominently  brought 
forward  for  a  political  purpose  thirty  years  later. 

In  the  spring  of  183 1  he,  with  two  of  his  relatives,  was  hired  to  build  a  flat- 
boat  on  the  Sangamon  river  and  navigate  it  to  New  Orleans.  The  boat  stuck 
on  a  milldam  and  w^as  gotten  off  with  great  labor  through  an  ingenious  mechan- 
ical device,  which  some  years  later  led  to  Lincoln's  taking  out  a  patent  for  **an 
improved  method  of  lifting  vessels  over  shoals."  This  voyage  was  memorable 
for  another  reason, — the  sight  of  slaves  chained,  maltreated,  and  flogged  at  New 
Orleans. — ^which  was  doubtless  the  origin  of  his  deep  convictions  upon  the  slavery 
question. 

Returning  from  his  voyage^  he  became  a  resident  for  several  years  of  New 
Salem,  a  recently  settled  village  on  the  Sangamon,  where  he  was  successively  a 
clerk,  grocer,  surveyor  and  postmaster,  and  acted  as  pilot  to  the  first  steamboat 
that  ascended  the  Sangamon.  Here  he  studied  law,  interested  himself  in  local 
politics  after  his  return  from  the  Black  Hawk  war,  and  became  known  as  an 
effective  ''stump  speaker."  The  subject  of  his  first  political  speech  was-  the  im- 
provement of  the  channel  of  the  Sangamon,  and  the  chief  ground  on  which  he 
announced  himself  (1832)  a  candidate  for  the  legislature  was  his  advocacy  of  this 
popular  measure,  on  which  subject  his  practical  experience  made  him  the  high- 
est authority.  Elected  to  the  legislature  in  1834  as  a  Henry  Clay  Whig,  he  rap- 
idly acquired  that  command  of  language  and  that  homely  but  forcible  rhetoric 
which,  added  to  his  intimate  knowledge  of  the  people  from  whom  he  sprang, 
made  him  more  than  a  match  in  debate  for  his  well  educated  opponents.  He  was 
re-elected  to  the  general  assembly  in  1836,  1838  and  1840,  serving  four  consecu- 
tive terms.  Admitted  to  the  bar  in  1837,  ^^  soon  established  himself  at  Spring- 
field, where  the  state  capital  was  located  in  1839,  largely  through  his  influence; 


538  THE  BUNCH  AND  BAR  OF  ILLINOIS. 

became  a  successful  pleader  in  the  state,  circuit  and  district  courts;  marriotl,  in 
1842,  Alary  Todd,  a  lady  belonging  to  a  prominent  family  of  Lexington,  Ken- 
tucky; took  an  active  part  in  the  presidential  campaigns  of  1840  and  1844,  as 
candidate  for  elector  on  the  Harrison  and  Clay  tickets,  and  in  1846  was  elected 
10  the  United  States  house  of  representatives,  over  the  celebrated  Peter  Cart- 
wright.  During  his  single  term  in  congress  he  frequently  appeared  in  the  de- 
bates, and  for  a  new  member  made  a  favorable  impression  as  a  rising  statesman. 
'He  voted  for  the  reception  of  anti-slavery  petitions,  for  the  aboHtion  of  the  slave 
trade  in  the  District  of  Columbia,  and  for  the  Wilmot  Proviso;  but  was  chiefly 
remembered  for  the  stand  he  took  against  the  Mexican  war.  For  several  years 
thereafter  he  took  comparatively  little  interest  in  politics,  but  gained  a  leading 
position  at  the  Springfield  bar.  Two  or  three  non-political  lectures  and  a  eulogy 
on  Henry  Clay  (1852)  added  nothing  to  his  notoriety  as  a  politician. 

In  1854  the  repeal  of  the  Missouri  Compromise  by  the  Kansas-Nebraska 
act  aroused  Lincoln  from  his  indifference,  and  in  attacking  that  measure  he  had 
the  immense  advantage  of  knowing  perfectly  well  the  motives  and  record  of  its 
author,  Stephen  A.  Douglas,  of  Illinois,  then  popularly  designated  as  the  "'Little 
Giant."  The  latter  came  to  Springfield  in  October,  1854,  on  the  occasion  of  the 
state  fair,  to  vindicate  his  policy  in  the  senate,  and  the  "Anti-Nebraska"  Whigs 
remembering  thait  Lincoln  had  often  measured  his  strength  with  Douglas  in  the 
Illinois  legislature  and  before  the  Springfield  courts,  engaged  him  to  make  a  re- 
ply. This  speech,  in  the  opinion  of  those  who  heard  it,  was  one  of  the  greatest 
efforts  of  Lincoln's  life, — certainly  one  of  the  most  effective  in  his  whole  career.  It 
took  the  audience  by  storm,  and  from  that  moment  it  was  felt  that  Douglas  had 
met  his  match.  Joint  discussions  were  held  by  the  distinguished  disputants  at- 
Peoria  and  other  points,  the  effect  of  which,  with  the  fierce  campaign  against 
the  repeal  of  the  Missouri  Compromise,  resulted  in  the  election  of  an  anti-Ne- 
braska legislature,  and  Lincoln  was  selected  as  the  anti-Nebraska  candidate  for 
the  United  States  senate,  to  succeed  General  James  Shields,  whose  term  expired 
March  4,  1855,  ^"^  ^^^  ^o  several  ballots;  but  Lyman  Trumbull  was  ultimately 
chosen.  The  second  conflict  on  the  soil  of  Kansas,  which  Lincoln  had  predicted, 
soon  began.  The  result  was  the  disruption  of  the  Whig  and  the  formation  of 
the  Republican  party.  At  the  Bloomington  state  convention  in  1856,  where  the 
new  party  first  assumed  form  in  Illinois,  Lincoln  made  the  greatest  speech  of 
his  life,  in  which  for  the  first  time  he  took  distinctive  grounds  against  slavery  in 
itself.    Thenceforth  he  became  the  leader  of  his  party  in  the  state. 

At  the  national  RepubHcan  convention  in  Philadelphia,  June  17.  after  the 
nomination  of  Fremont,  Lincoln  w-as  put  forward  by  the  Illinois  delegation  for 
the  vice-presidency,  and  received  on  the  first  ballot  one  hundred  ten  votes, 
against  two  hundred  fifty-nine  for  William  L.  Dayton.  He  took  a  prominent 
part  in  the  canvass  of  that  year  in  this  and  other  states.  In  1859  Lincoln  was 
unanimously  nominated  by  the  Republican  state  convention  as  its  candidate  for 
the  United  States  senate  in  place  of  Douglas,  and  in  his  speech  of  acceptance 
used  the  celebrated  illustration  of  a  **house  divided  against  itself"  on  the  slavery 
question,  which,  while  in  the  resulting  argument  it  was  made  to  conduce  to  his 


THE  BENCH  AND  BAR  OF  ILLINOIS.  539 

final  defeat,  was  so  handled  as  to  make  impossible  the  nomination  of  his  oppo- 
nent as  the  Democratic  candidate  for  president,  which  was  his  objective  point. 
The  seven  great  debates  carried  on  at  the  principal  towns  of  Illinois  between 
Lincoln  and  Douglas,  as  rival  senatorial  candidates,  resulted,  at  the  time,  in  the 
election  of  the  latter;  but  being  widely  circulated  as  a  campaign  document  it 
fixed  the  attention  of  the  country  upon  the  former  as  the  clearest  and  most  con- 
vincing exponent  of  Republican  doctrinfe. 

Early  in  1859  he  began  to  be  named  in  Illinois  as  a  suitable  Republican  can- 
didate for  the  presidential  campaign  of  the  ensuing  year,  and  a  political  address 
delivered  at  the  Cooper  Institute,  New  York,  February  27,  i860,  followed  by 
similar  speeches  at  New  Haven,  Hartford  and  elsewhere  in  New  England,  first 
made  him  known  to  the  eastern  states  in  the  light  in  which  he  had  long  been 
regarded  at  home.  By  the  Republican  state  convention,  which  met  at  Decatur, 
Illinois,  on  the  9th  and  loth  of  May,  Lincoln  was  unanimously  endorsed  for  the 
presidency.  It  was  on  this  occasion  that  two  rails,  said  to  have  been  split  by  his 
hands  thirty  years  before,  were  brought  into  the  convention,  and  the  incident 
contributed  much  to  his  popularity.  The  national  Republican  convention  at 
Chicago,  after  spirited  efforts  made  in  favor  of  Seward,  Chase,  and  Bates,  nom- 
inated Lincoln  for  the  presidency,  wdth  Hannibal  Hamlin  for  vice-president,  at 
the  same  time  adopting  a  vigorous  anti-slavery  platform. 

The  Democratic  party  having  been  disorganized  and  presenting  two  candi- 
dates, Douglas  and  Breckenridge,  and  the  remnant  of  the  ''American"  party 
having  put  forward  John  Bell  of  Tennessee,  the  Republican  victory  was  an  easy 
one,  Lincoln  being  elected,  November  6,  by  a  large  plurality,  comprehending 
nearly  all  the  northern  states,  but  none  of  the  southern.  The  secession  of  South 
Carolina  and  the  gulf  states  w-as  the  immediate  result,  followed  a  few  months 
later  by  that  of  the  border  slave  states,  and  by  the  outbreak  of  the  great  civil 
war. 

The  life  of  Abraham  Lincoln  became  thenceforth  merged  in  the  history  of 
his  country.  None  of  the  details  of  the  vast  conflict  which  filled  the  remainder 
of  Lincoln's  life  can  here  be  given.  Narrowly  escaping  assassination  by  avoid- 
ing Baltimore  on  his  w'ay  to  the  capital,  he  reached  Washington  February  23, 
and  was  inaugurated  president  of  the  United  States  March  4,  1861. 

In  his  inaugural  address  he  said:  **I  hold  that,  in  contemplation  of  universal 
law  and  the  constitution,  the  union  of  these  .states  is  perpetual.  Perpetuity  is 
implied,  is  not  expressed,  in  the  fundamental  laws  of  all  national  governments. 
It  is  safe  to  assert  that  no  government  proper  ever  had  a  provision  in  its  organic 
law  for  its  own  termination.  I  therefore  consider  that  in  view  of  the  constitution 
and  the  laws,  the  Union  is  unbroken,  and  to  the  extent  of  my  ability  I  shall  take 
care,  as  the  constitution  enjoins  upon  me,  that  the  laws  of  the  United  States  be 
extended  in  all  the  states.  In  doing  this  there  need  be  no  bloodshed  or  violence, 
and  there  shall  be  none  unless  it  be  forced  upon  the  national  authority.  The 
power  conferred  to  me  will  be  used  to  hold,  occupy  and  possess  the  property  and 
places  belonging  to  the  government,  and  to  collect  the  duties  and  imports ;  but 
beyond  what  may  be  necessary  for  these  objects  there  will  be  no  invasion,  no 


540  THE  BENCH  AND  BAR  OF  ILLINOIS. 

using  of  force  against  or  among  the  people  anywhere.  In  your  hands,  my  dis- 
satisfied fellow  countrymen,  is  the  momentous  issue  of  civil  war.  The  govern- 
ment will  not  assail  you.  You  can  have  no  conflict  without  being  yourselves 
the  aggressors.  You  have  no  oath  registered  in  heaven  to  destroy  the  govern- 
ment, while  I  shall  have  the  most  solemn  one  to  preserve,  protect  and  de- 
fend it." 

He  called  to  his  cabinet  his  principal  rivals  for  the  presidential  nomination— 
Seward,  Chase,  Cameron  and  liates;  secured  the  co-operation  of  the  Union 
Democrats,  headed  by  Douglas;  called  out  seventy-five  thousand  militia  from 
the  several  states  upon  the  first  tidings  of  the  bombardment  of  Fort  Sumter, 
April  15th;  proclaimed  a  blockade  of  the  southern  ports,  April  19;  called  an 
extra  session  of  congress  for  July  4th,  from  which  he  asked  and  obtained  four 
hundred  thousand  men  and  four  hundred  million  dollars  for  the  war;  placed 
McClellan  at  the  head  of  the  federal  army  on  General  Scott's  resignation,  Octo- 
ber 31;  appointed  Edwin  M.  Stanton  secretary  of  war,  January  14,  1862,  and 
September  22,  1862,  issued  a  proclamation  declaring  the  freedom  of  all  slaves 
in  the  states  and  parts  of  states  then  in  rebellion  from  and  after  January  1,  1S63. 
This  was  the  crowning  act  of  Lincoln's  career — the  act  by  w^hich  he  will  be 
chiefly  known  through  all  future  time — and  it  decided  the  war. 

On  the  1 6th  of  October,  1863,  President  Lincoln  called  for  three  hundred 
thousand  volunteers  to  replace  those  whose  term  of  enlistment  had  expired; 
made  a  celebrated  and  touching,  though  brief,  address  at  the  dedication  of  the 
Gettysburg  military  cemetery,  November  19,  1863;  commissioned  Ulysses  S. 
Grant  lieutenant  general  and  commander  in  chief  of  the  armies  of  the  United 
States,  March  9,  1864;  was  re-elected  president  in  November  of  the  same  year, 
by  a  large  majority,  over  General  McClellan,  with  Andrew  Johnson,  of  Tennes- 
see, as  vice-president;  delivered  a  very  remarkable  address  at  his  second  inaugu- 
ration, March  4,  1865;  visited  the  army  before  Richmond  the  same  month; 
entered  the  capital  of  the  Confederacy  the  day  after  its  fall,  and,  upon  the  sur- 
render of  General  Robert  E.  Lee's  army,  April  9th,  was  actively  engaged  in  devis- 
ing generous  plans  for  the  reconstruction  of  the  Union,  when,  on  the  evening 
of  Good  Friday,  April  14,  he  w^as  shot  in  his  box  at  Ford's  theater,  Washington, 
by  John  Wilkes  Booth,  a  fanatical  actor,  and  expired  early  on  the  following 
morning,  April  15th.  Almost  simultaneously  a  murderous  attack  was  made 
upon  William  H.  Seward,  secretary  of  state.  At  noon  on  the  isth  of  April  An- 
drew Johnson  assumed  the  presidency,  and  active  measures  were  taken  which 
resulted  in  the  death  of  Booth  and  the  execution  of  his  principal  accomplices. 

The  funeral  of  President  Lincoln  was  conducted  with  unexampled  solemnity 
and  magnificence.  Impressive  services  were  held  in  Washington,  after  which 
the  sad  procession  proceeded  over  tlie  same  route  he  had  traveled  four  years 
before  from  Springfield  to  Washington.  In  Philadelphia  his  body  lay  in  state 
in  Independence  PJall,  in  which  lie  had  declared  before  his  first  inauguration 
that  "1  would  sooner  be  assassinated  than  to  give  up  the  principles  of  the 
Declaration  of  Independence."  On  the  4th  of  May  he  was  buried  at  Oak  Ridg^ 
cemetery,  near  Springfield,  Illinois,  where  a  monument  emblematic  of  the  enian- 


THE  BENCH  AND  BAR  OF  ILLINOIS.  541 

cipation  of  the  slaves  and  the  restoration  of  the  Union  marks  his  resting  place. 
The  leaders  and  citizens  of  the  expiring  Confederacy  expressed  genuine  indigna- 
tion at  the  murder  of  a  generous  political  adversary-.  Foreign  nations  took  part 
in  mourning  the  death  of  a  statesman  who  had  proved  himself  a  true  representa- 
tive of  American  nationality.  The  freedmen  of  the  south  almost  worshiped  the 
memory  of  their  deliverer,  and  the  general  sentiment  of  the  great  nation  he  had 
saved  awarded  him  a  place  in  its  aflFections  second  only  to  that  held  by  Wash- 
ington. 

The  characteristics  of  Abraham  Lincoln  have  been  familiarly  knOAvn 
throughout  the  civilized  world.  His  tall,  gaunt,  though  not  ungainly  figure, 
homely  countenance  and  his  shrewd  mother  wit,  shown  in  his  celebrated  con- 
versations overflowing  in  humorous  and  pointed  anecdote,  combined  with  an 
accurate,  intuitive  appreciation  of  the  questions  of  the  time,  are  recognized  as 
forming  the  best  type  of  a  period  of  American  history  in  which  the  strength  of 
the  Union  was  tested  and  the  ability  of  the  people  to  maintain  a  free  government 
in  this  country  was  fully  established.  As  the  years  roll  by  from  that  stormy 
period  of  doubt  and  battle,  the  name  of  Lincoln  looms  up  with  increasing  luster. 
His  was  the  brain  that  shaped  the  policy  of  congress  and  cabinet,  his  the  uncon- 
cjuerable  spirit  which  fed  the  flames  of  patriotism  and  kept  them  in  a  continuous 
glow  of  fervent  heat.  With  unbending  will  and  a  prescience  which  could  pierce 
the  future,  the  path  of  war  was  made  the  way  to  victory — the  union  restored, 
a  nation  saved.  His  heart  was  as  warm  as  his  hand  was  strong,  and  when  the 
great  triumph  came  his  was  the  voice  first  to  proclaim  amnesty  and  peace. 

Judge  David  Davis,  one  of  the  most  eminent  jurists  and  statesmen  of  Illi- 
nois, was  born  on  the  9th  day  of  March,  181 5,  in  Cecil  county,  Maryland.  His 
family  was  of  Welsh  origin,  but  had  been  settled  in  that  county  for  more  than 
a  century,  and  had  acquired  in  every  particular  the  distinctive  features  of  Amer- 
ican nationality.  He  was  unfortunate  in  the  loss  of  his  father  at  an  early  age; 
but  the  kindness  of  an  uncle  in  many  ways  atoned  in  some  measure  for  his  early 
privation.  His  father  left  sufficient  estate  not  only  to  educate  him  in  classical 
acquirements  but  also  enough  to  enable  him  to  live  beyond  the  apprehension  of 
want  during  the  years  of  unproductive  life  in  the  early  career  of  manhood.  This 
patrimony  was,  through  the  dishonesty  and  negligence  of  his  guardian,  lost 
to  him. 

Having  attended  the  local  schools  of  Maryland,  at  the  age  of  thirteen  he 
was  entered  a  student  at  Kenyon  College,  Ohio,  at  which  he  graduated  at  the  age 
of  seventeen.  Although  he  had  no  special  talent  for  public  speaking,  his  taste 
and  inclination  directed  his  attention  to  the  bar  as  the  business  of  life.  As  has 
been  said,  he  had  sufficient  means  to  enable  him  to  acquire  an  education  and 
profession.  He  was  not  borne  down  by  the  privations  of  poverty,  nor  was  he 
enervated  by  the  expectation  of  hereditary  riches.  The  lines  had  fallen  to  him  in 
the  golden  mean  between  want  and  wealth.  After  leaving  college  he  went  to 
Lenox,  Massachusetts,  and  read  law  in  the  office  of  Judge  Henr>'  W.  Bishop, 
then  ane  of  the  leading  lawyers  of  the  Bay  state.  After  remaining  there  about 
two  years  he  attended  the  New  Haven  Law  School  for  one  year.    With  a  good 


542  THE  BENCH  AND  BAR  OF  ILLINOIS. 

classical  education,  a  course  of  reading  in  the  office  of  Judge  Bishop,  and  a  term 
at  New  Haven,  he  was  fully  prepared  to  enter  upon  the  responsible  and  arduous 
duties  of  a  practicing  lawyer. 

His  residence  in  Ohio,  and  other  information,  impressed  on  his  mind  the 
magnitude  of  the  resources  of  the  Mississippi  valley,  especially  the  northwest; 
and,  on  being  admitted  to  the  bar,  he  emigrated,  in  the  year  1835,  to  Illinois. 
It  has  been  said:  **At  the  time  he  sought  his  home  in  the  west,  as  a  very  young 
man,  he  traversed  the  breadth  of  nearly  five  states,  then  in  comparative  infancy, 
that  he  might  grow  with  the  growth  and  strengthen  with  the  strength  of  that 
commonwealth  which  has  so  honored  him  by  its  confidence,  and  whose  history 
his  name  has  enriched  in  the  example  of  a  great  character."  He  first  located 
at  Pekin,  but  after  a  short  time,  in  1836,  he  removed  to  Bloomington,  w'hich  for 
a  period  of  fifty  years  was  his  home. 

In  1838  he  was  married  to  Miss  Sarah  W.  Walker,  daughter  of  Judge  Wil- 
liam P.  Walker,  of  Lenox,  Massachusetts.  She  w-as  well  w-orthy  to  be  the  wife 
of  Judge  Davis,  and  shared  with  him  the  privations  of  his  early  struggles  and 
the  prosperity  of  his  later  triumphs  with  all  the  grace  and  dignity  that  is  born 
of  the  beauty  of  goodness.  The  Judge,  on  coming  to  the  years  of  responsible 
life,  followed  the  hereditary  tendency  of  his  family  in  politics  and  became  an 
ardent  Whig.  He  had  a  great  admiration  for  Mr.  Clay,  which  amounted  to  an 
enthusiasm.  In  1840  he  was  the  Whig  candidate  in  the  Bloomington  district  for 
state  senator;  but,  the  majority  being  largely  against  his  party,  he  w^as  defeated 
by  Governor  John  Moore,  then  and  for  many  years  afterward  one  of  the  most 
popular  Democrats  of  the  state.  W^hile  the  Judge  was  active  in  politics,  he  did 
not  permit  his  party  to  interfere  with  his  practice.  He  was  most  diligent  in.  and 
devoted  to,  his  profession.  Shortly  after  his  coming  to  the  bar  he  was  offered 
the  position  of  clerk  of  the  court,  in  which  oflfice  he  could  make  four  times  his 
income  from  his  practice;  but  he  declined,  having  no  doubt  the  inspiration  of 
that  hope  which,  in  the  end  of  his  career,  placed  him  among  the  most  distin- 
guished jurists  of  the  United  States.  Daniel  Webster  had  the  same  experience 
with  a  clerkship  in  the  commencement  of  his  career  as  a  lawyer,  and  disposed  of 
it  in  the  same  way,  much  to  the  disgust  and  disappointment  of  his  father. 

In  1844  Judge  Davis  was  elected  to  the  lower  house  of  the  Illinois  legisla- 
ture, and  distinguished  himself  by  the  clearness  and  accuracy  of  his  views  of  the 
law^  and  his  great  capacity  of  labor  in  the  committee  room.  He  declined  a  re- 
nomination.  Although  pronounced  in  his  political  opinions,  he  w^as  not  a  poli- 
tician, lie  delighted  in  the  practice  of  the  law  and  the  acquirement  of  that  infor- 
mation which  would  enable  him  to  discharge  the  higher  functions  of  judge. 
During  the  time  of  his  practice  the  bar  of  central  Illinois  was  very  able,  and 
afterward  became  most  distinguished.  Among  the  prominent  lawyers  were  Mr, 
Lincoln,  Judge  Logan,  Judge  Douglas,  Colonel  Baker — one  of  the  most  brilliant 
orators  of  his  day — Judge  Trumbull,  Major  Stuart,  Mr.  Browning  and  Colonel 
Hardin.  It  would  be  untrue,  and  therefore  unjust  to  the  memory  of  Judge 
Diivis  to  rank  him  with  some  of  those  men  as  a  practicing  lawyer.  He  always 
disclaimed  the  comparison,  and  an  honest  chronicler  should  disclaim  it  for  him. 


///.   fJ.XCll  JXD  I^.IR  Of  ILLIXOIS. 


I  *  < 


1.  n  o<'iir-4*  nf  r<..':''.:iii^,  in  ilie  oliice  of  Jui'.^c  r»ishop.  aiui  a  it 
»  t    v».i-  :"!i\  j>rrprirc(l  In  (Mitor  \:\M)n  the  rL>}M»nsil)k*  an<I  ar^^u--- 


^^  i  i\\  \  vv 


'-•<.«•  in  (  )!iio.  aii'l  oiIut  inforn.atinn.  iinpros-cd  on  his  min^i  ^•' 
•  •    '    j«'-«>'.mc\s  Ml"  \hr  MiN>i.ssipi)i  valley,  especially  the  northwr-- 
•   •       ..    '.  'ii<tl  to  il.c  Imi*.  he  emigrated,  in  the  >ear   1835.  to  lllin<  . 
".\t  the  lime  he  s<.nj;lu  his  hDiin-  in  llie  west,  as  a  very  yoii:.^ 
•   .'■••!  'hr  ]»iea«ilh  of  nearly  five  states,  lh«*n  in  comparative  mfanr. 
.    ;•      '•      r.x^    \.  ith  the  i^rwwih  and  streni^tiien  with  the  strenj^th  of  th.i 
■■  ,      ..:.  ■•'.:. I.  li  ha>  su  honor* «]  him  b\   it>  confidence,  and  whose  Iiisto: 
'  .'  .  .    *     -  VI  '«'  I  ••!  in  llu"  fX'inipU*  of  a  ^reat  cliaracter."     He  first  locatf 
.     1        1     '•   f  .1  ••  I  .1  ^^»oii  time,  in  1S3O.  he  reniovt-d  t  >  rdoominj^ton,  which  fo- 
'  ;  '  '  '  'i"      \  i-a:  ^  was  hi>  lionie. 

■':    .^'.S  .<    w:.-  irarrii  d  to  Mi^s  Sarah  \\*.  WalLer.  dan^liter  of  Jiwiije  Wil- 
li.-"   r    \'^  .i'    t:.  of  l.m'x.  M.i^^aihn-rttv.     Slie  was  weM  W'-rthy  to  he  tlie  wife 
'    •     -    l-.i\!s,  anc!  ^har(.d  wnh   Inm  ;he  privaiitms  <m'  h:^  earl\    strui::j2cle>  an<! 
;    ■      -:'*y  .>f  Irs  lat<M    trirni]  lis  \\  !lh  :u\  tht-  tir.icc  ard  rjij^^nit)    that  is  horn 
.  ■  '     r'v   .  »  ;,'.(K'ni».     The  Ji'''^«*.  •  "1  t'-mini:^  ^'  the  \ears  of  re"^pon-;ih't 

»  .  .'  t  l.«;re»li:ary  teT^drn-x  of  liis  fanuly  in  ])oiitics  and  hecanit  an 
'  >  it.  I'. id  a  creat  adi^iiiation  for  Mr.  C'lav,  which  amoiinttd  tt»  an 
•  ,.-•.  *-■  >  ,0  he  was  the  W  lij-V  cand'Mate  in  tlie  r»loomin^t<.m  district  fv»r 
•    '•  •'•:.  die  niaj'»rily  hi-mi;  Iar;^cl\   ai;ainst  hi-  parts,  he  was  defeated 

'  '  •  11  .Monre.  tlien  ar.d  for  n  any  w-ars  afterward  one  cjf  the  most 
.  ..I  i  '.  '.  .  .r.'.t-  (  i  the  stati'  \\  lide  I'^e  Ind^e  wa^  actiw  in  politics,  he  did 
n-'i  ]••.'■!;. it  I/^  ]}A*:\  !v>  iniv-rfeTX'  with  his  pi;Kii'*e.  IK  was  most  (hhg"cnt  in.  and 
ti<\"iid  lo,  Iii>  jirofc-.>ion.  Shortlx  :J\vr  his  ion  in^  to  the  har  he  was  offered 
the  ]M)sition  of  clerk  (^f  the  c«'rrt,  in  wliich  oftuc  he  c«nild  make  fonr  times  his 
inconu-  fit.m  his  practice:  hm  he  di-clinctl.  haviiii;  no  d.onht  the  inspiration  of 
that  hope  which,  in  the  end  of  hi>  career,  placiMl  liim  among  the  most  distin- 
LMr.d''d  MM-i-ts  of  the  I'nitt'd  Stales.     1  )anie]  W'vhvtrr  liad  the  same  experience 

■^  in  in  the  coimnuu  mient  of  his  career  as  a  lawyer,  and  disposed  of 
V.  .\.  mucli  to  the  disi;nst  and  disappointment  of  his  father. 

1  -axis  wa--  t'lUcd  to  the  lower  hi  nse  of  the  Illinois  legislft* 
'  I'd  hinv*  !l  ^»    \\\i'  clearness  an<l  accnracv  of  his  views  of  the 


I  ; 


I ' 


!'• 


U  '< 


c' 


i  .1   ^:-.  j-.icii\    u? 


r  in  the  committee  room.     He  dech'ncd  a 


lit  ' 

licMi 
ni.i!  ' 
1  ^'  1 1  •  I '  \ 


•  '  •       .\'M:<  nL:h  ]>!•  ii-.imv'(d  in  his  pt^litical  r.]Mni(ais,  he  was  iiot  a  poti** 
;  'i   <'t  'iL'htrd  in  tin-  pj.'u'tuH  <>'  ilir  law  and  the  accpiirement  of  that  infelT- 

•  V  hi<  ]}   woiiM   I  nahle  him  to  'lischari^e  the  hij^her  functions    of    judgt. 
ti  r  tine  o!   ],!>  practice  the   har  of  central   Illinois  was  very  able,  Slid 

aft  T^a'.i  hecame  :>''.^t  •listin^iiislied,.  Among  the  ])rominent  lawyers  were  Mr. 
Lincoln,  liid^c  Lo..  u-,  Jtidi^o  PouLdas.  COlonel  Iiaker — one  of  the  most  brHfiiaBt 
orators  of  his  d;'\  jud^e  Tnunhuil,  Major  Stuart,  Mr.  Browning  and  CcdOMl 
Llardin.  I:  womd  he  unf-iie.  and  therefore  unjust  to  the  memory  of  JVtiSgt 
Davis  to  laitlv  Imn  with  some  of  those  men  as  a  practicing  lawyer.  He  alwsv» 
disclaiiiH  <!  thf  com]viris<jn,  and  an  honest  chronicler  shouhl  disclaim  ^t  for  hbll. 


THE  BENCH  AND  BAR  OF  ILLINO 

The  profession  of  the  law  had  to  him  a  wider  range  than  t 
barrister.  Nature  had  made  him  a  judge  by  the  same  myste 
it  had  made  others  advocates ;  and  while  he  was  not  to  wear  thi 
he  was  to  be  graced  by  the  beauty  of  the  ermine.  While  a 
judicial  cast  of  mind,  and  his  career  as  a  lawyer  marks  the 
duty  of  the  truly  professional  in  the  economy  of  society. 

In  1847  he  was  elected  to  the  constitutional  convention 
constitution  of  1848,  and  he  bore  a  very  important  part,  espe 
viding  for,  and  establishing,  the  judicial  department.    During 
legislator  he  was  conspicuous  in  his  efforts  to  remodel  and  it 
machinery  of  both  the  state  and  national  governments.     The 
federal  appellate  jurisdiction  is  modeled  on  the  plan  propos( 
member  of  the  senate  of  the  United  States,  and  which  pass 
marked  unanimity.     At  the  time  of  the  adoption  of  the  cons 
had  been  at  the  bar  about  twelve  years,  and  during  that  time  1 
given  his  attention  to  the  practice,  and  had  impressed  upon  tl 
and  the  people  of  central  Illinois  the  fact  that  he  was  most  i 
for  the  bench.    At  the  first  election  of  judges,  without  oppositi 
in  a  circuit  composed  of  fourteen  counties,  embracing  McLcc 
At  the  time  he  became  identified  with  the  bar  of  Illinois,  in 
was  struggling  in  the  commencement  of  that  career  which  n 
conspicuous  in  the  ranks  of  the  profession  but  marked  him  as  < 
men  of  history.     Between  him  and  Judge  Davis,  from  their  fir 
the  close  of  Mr.  Lincoln's  life,  a  most  cordial  intimacy  existcc 
of  that  unerring  judgment  which  enabled  the  judge  to  pass  1  | 
of  men,  he  discerned  in  Mr.  Lincoln  intellectual  and  moral  attr  : 
est  order. 

After  he  became  judge  Mr.  Lincoln  continued  to  travel  th( 
court  in  all  the  counties  of  the  circuit,  and  contributing  by 
ability  to  the  administration  of  justice,  and  to  the  social  enjo}  i 
humor  unsurpassed  in  the  richness  of  its  merriment.     In  18.  \ 
circuit  had  not  been  broken  by  the  survey  of  a  railroad,  and  h 
Judge  Davis  to  hold  two  sessions  of  the  court  in  each  year  i 
largest  counties  of  the  state.     The  clearness  and  quickness  o: 
preparatory  education,  both  literary  and  professional,  and  his    1 
capacitated  him  to  discharge  with  promptness  the  various  anc 
of  his  position.     In  some  of  the  qualities  of  a  judge  he  had    : 
in  the  long  line  of  judicial  ability  with  which  our  history  as  ? 
graced.     The  important  duty  of  a  judge  is  not  all  performed 
and  application  of  the  just  principles  of  the  law:    these  can  1; 
majority  of  cases,  from  vast  storehouses  of  jurisprudence,  to  \> 
and  America,  the  eminent  judges  and  lawyers  have  contributed 
the  truth,  to  eliminate  error  and  to  adjust  the  rights  of  partic 
they  really  exist,  is  the  exercise  of  a  faculty  that  cannot  be  direi 
cases.     The  preservation  of  estates  and  the  protection  of    inf; 


544  V  HE  BENCH  AND  BAR  OF  ILLINOIS. 

incompetency  or  disiioncsly  of  jj^iiarciians,  and  tlie  rapacity  of  unscrupulous  spec- 
ulators, marked  one  of  liis  peculiar  traits  as  a  circuit  judge.  His  faithfulness  in 
behalf  of  tlie  trust  estate  ut  wards  may  have  been  strengthened  by  his  own  expe- 
rience, the  estate  inherited  from  his  father  having  been  squandered  by  an  unscru- 
pulous and  irresponsible  guardian.  He  had  great  faith  in  the  uhiniate  value  of 
Illinois  land,  and  it  re<|uired  a  very  urgent  necessity  to  justify  the  sale  of  an 
infant's  real  estate.  His  administration  of  the  law  in  the  circuit  court  was  most 
eminently  satisfactory  to  ilie  people  and  the  bar.  But  few  appeals  were  taken 
from  his  decisions,  and  his  disjiatch  of  the  public  business  was  a  marvel  of  effi- 
ciency and  industry.  He  was  a  natural-born  judge,  and  while  he  was  not  tyran- 
nical he  forcibly  exercised  power  to  accomplish  the  ends  of  justice. 

After  his  election  as  judge  in  1848  he  ceased  any  active  agency  in  politics, 
bilt  continued  his  adhesion  to  the  Whig  party  until  its  disruption  after  the  disas- 
trous campaign  of  1S52.  Although  anti-slavery  in  his  thought  and  feeling,  he 
disliked  the  radical  tendency  of  the  Abolitionists.  In  the  campaign  of  1858  he 
took  a  great  interest,  being  opposed  to  the  repeal  of  the  Missouri  Compromise 
and  a  devoted  friend  of  Mr.  Lincoln.  Mr.  Lincoln  and  Judge  Douglas  had  been 
the  great  champions  of  the- Whig  and  Democratic  parties;  and,  aside  from  Judge 
Davis'  personal  attachment  to  Mr.  Lincoln,  he  was  interested  in  him  as  the  great 
leader  of  the  opposition  to  the  Democratic  party.  Mr.  Lincoln,  though  defeated 
for  United  States  senator,  laid  the  foundation  in  1858  for  his  election  to  the 
presidency.  Upon  his  great  success  in  the  joint  debates  of  that  year  Judge 
Davis,  in  common  with  the  rest  of  Mr.  Lincoln's  personal  friends  in  Illinois, 
enlarged  the  boundaries  of  his  ambition,  and  from  that  time  he  was  an  avowed 
candidate  for  the  presidency.  In  that  candidacy  Judge  Davis  took  a  lively 
interest  and  bore  a  most  distinguished  part.  He  thought  that  the  aspirations 
of  his  most  intimate  friend  for  the  higliest  office  in  the  land  justified  his  partici- 
pation in  politics.  The  national  convention  of  the  Republicans  met  in  Chicago 
on  the  i6th  day  of  May,  i86o,  and  to  that  convention  he  was  one  of  the  delegates 
at  large.  He  was  so  much  devoted  to  the  interest  of  Mr,  Lincoln  that  he  could 
not  absent  himself  from  the  convention,  and  besides  it  was  Mr.  Lincoln's  per- 
sonal desire  that  he  should  attend.  This  was  the  first  great  convention  held  bv 
the  Republican  party,  and  had  before  it  as  candidates  the  most  distinguished 
statesmen  of  that  party,  and  of  its  delegates  the  ablest  members  and  the  most 
accomplished  politicians.  Judge  Davis,  from  the  commencement  to  the  close, 
was  recognized  as  the  le.ider  of  Mr.  Lincoln's  forces;  and  without  his  agency  in 
that  convention  it  may  be  doubted  whether  Mr.  Lincoln  would  have  received 
the  nomination.  In  his  adhesion  to  that  great  man  he  was  not  actuated  by  his 
personal  friendship,  but  by  an  abiding  faith  in  the  ability  and  integrity  of  the 
man.  While  ne  had  no  apprehension  that  the  election  of  a  Republican  as  presi- 
dent would  involve  the  country  in  a  war,  he  thought  that  the  grave  responsibility 
that  would  fall  upon  the  choice  of  that  party  would  require  ability  of  the  highest 
order  and  patriotism  of  the  most  heroic  mold.  He  took  a  great  interest  in  the 
campaign  which  followed  the  nomination,  but  did  not  participate  in  it  as  an 


THE  BENCH  AND  BAR  OF  ILLINOIS.  545 

active  politician.    He  continued  to  hold  the  circuit  court  uninterruptedly  until 
the  autumn  of  1862. 

During  the  first  year  of  the  war  the  Department  of  the  Missouri,  through 
the  inefficient  administration  of  the  quartermaster,  became  a  chaos  of  confusion, 
with  millions  of  money  contracted  and  claimed,  with  honest  demands  delayed 
and  dishonest  claims  pressed  for  payment.  The  president,  in  order  to  relieve  the 
embarrassment  of  the  situation,  appointed  a  commission,  consisting  of  Judge 
Davis,  General  Holt  and  Mr.  Campbell,  of  St.  Louis,  to  investigate  and  pass 
judgment  upon  the  rights  of  the  parties.  It  was  an  immense  work  of  investiga- 
tion and  required  the  highest  grade  of  talent  to  bring  order  and  justice  out  of 
the  confusion.  The  three  men  as  a  combination  had  the  best  quality  of  ability 
for  the  task.  Judge  Davis  and  General  Holt  being  eminent  lawyers,  and  Mr. 
Campbell  being  one  of  the  most  experienced  merchants  of  St.  Louis.  The  find- 
ings and  reports  of  that  commission  have  been  quoted  by  the  highest  courts  of 
the  land,  and  the  result  accomplished  by  it  is  an  enduring  compliment  to  the 
integrity  and  capacity  of  the  men  who  composed  it. 

During  the  fourteen  years  in  which  Judge  Davis  presided  in  the  circuit  of 
Illinois  the  popular  estimate  which  the  bar  and  the  people  had  made  of  his  ability 
to  perform  the  duties  was  justified  beyond  the  most  sanguine  expectations  of  his 
friends,  so  that  when  a  vacancy  occurred  in  the  supreme  court  of  the  United 
States  in  the  circuit  including  the  state  of  Illinois,  he  was  recognized  by  the  bar 
as  the  person  to  be  appointed  to  that  responsible  position.  The  president  had 
an  acquaintance  with  all  the  prominent  lawyers  of  the  circuit,  and  had  the  most 
intimate  knowledge  of  the  ability  of  Judge  Davis;  and  into  his  hands,  by  the 
constitution,  was  committed  the  power  and  duty  of  selecting  from  those  lawyers 
a  fit  justice  for  the  most  important  court  ever  instituted  by  man.  In  the  quality 
of  Washington,  which  in  the  selection  of  a  public  officer  arose  superior  to  the 
obligation  of  personal  friendship.  President  Lincoln,  as  shown  by  his  adminis- 
tration, was  not  deficient i  and  it  must  be  presumed  that  in  the  selection  of  Judge 
Davis,  as  one  of  the  justices  of  the  .United  States  supreme  court,  the  public  good 
and  a  just  regard  for  the  exigencies  of  the  condition  of  the  country  prompted 
him.  After  a  service  of  fourteen  years  on  the  circuit  bench  of  Illinois,  he  was, 
in  November,  1862,  transferred  to  the  higher  jurisdiction  of  the  national  judi- 
ciary. He  had  not  been  accustomed  to  the  accuracy  of  judicial  thought  required 
in  the  preparation  of  written  opinions,  but  had  most  thoroughly  investigated  and 
studied  the  law  in  all  the  leading  features  of  its  administration.  At  the  time  he 
became  a  member  of  the  supreme  court  it  was  composed  of  some  of  the  ablest 
judges  of  its  entire  history.  The  promotion  was  well  calculated  to  embarrass 
him  with  grave  apprehensions  of  his  success;  for  while  he  was  a  brave  and  fear- 
less man  when  boldness  was  a  virtue  he  had  a  modest  appreciation  of  his  own 
ability.  His  opinions  when  deliberately  formed,  though  firm,  while  in  the 
process  of  development  were  susceptible  to  every  legitimate  and  logical  influ- 
ence. At  the  time  he  became  a  member  of  the  supreme  court  many  questions  of 
importance  were  pending — questions  not  of  property,  not  of  individual  reputa- 
tion— ^but  great  questions  of  international  and  public  law,  questions  of  civil  lib- 

36 


546  THE  BENCH  AND  BAR  OF  ILLINOIS, 

erty — not  in  the  interpretation  of  statutes  but  in  the  construction  of  the  constitu- 
tion of  the  United  States. 

He  was  eminently  conservative  in  the  tendency  of  his  mind  and  judgment; 
and  while  he  did  not  coincide  with  many  of  the  theories  of  constitutional  con- 
struction in  favor  of  a  strong  government,  he  believed  in  the  sovereignty  of  the 
federal  power  in  the  passage  and  execution  of  such  laws  as  it  might  determine 
were  within  the  purview  of  the  constitution.  He  believed  in  that  theory  of  the 
constitution  which  recognized  the  union  not  as  a  mere  compact  between  the 
states,  but  as  a  government  formed  upon  the  adoption  of  the  people  and  creating 
direct  relations  between  itself  and  the  citizens.  In  the  discharge  of  his  new- 
duty  as  a  justice  of  the  supreme  court  he  soon  impressed  his  brethren  of  the 
bench  with  his  superior  judicial  qualification:  and  he  wrote  but  few  opinions 
until  the  American  bar  was  satisfied  that  the  president  had  made  no  mistake  in 
his  selection  of  a  judge. 

The  period  of  the  war  was  prolific  in  forcing  upon  the  consideration  of  all 
departments  of  the  government  new  issues  of  legal  inquiry.  The  financial  policy 
of  the  government,  the  belligerent  rights  of  enemies,  questions  of  personal  lib- 
erty, military  commissions,  questions  of  prize — in  fact,  all  the  interests  of  fifty 
millions  of  people,  both  of  peace  and  war,  were  the  subject  matter  of  jurisdiction 
from  1862  to  1877.  ^^^^  of  the  most  important  cases  of  the  period  was  assigned 
to  him — ^a  case  which  excited  great  public  interest  and  provoked  much  popular 
discussion.  The  matter  at  issue  being  a  question  of  individual  liberty,  and  the 
power  of  the  government  in  time  of  war,  made  it  one  of  the  great  historical  cases, 
ranking  in  importance  with  Marbury  versus  Madison,  and  the  Dartmouth  Col- 
lege case.  It  was  the  case  of  ex  parte  Milligan;  and  an  examination  of  it  will 
justify  the  resolution  of  the  McLean  county  bar,  "That  we  do  most  especially 
appreciate,  as  fine  specimens  of  judicial  statement,  his  opinions,  which  embrace 

• 

a  discussion  of  the  genius  and  mold  of  the  American  government,  and  recognize 
those  opinions  as  worthy  of  a  place  among  the  great  judicial  interpretations  of 
the  American  constitution."  The  leading  thoughts  of  the  decision  are:  "The 
constitution  of  the  United  States  is  a  law  for  rulers  and  people  in  war  and  in 
peace,  and  covers  with  the  shield  of  its  protection  all  classes  of  men,  and  at  all 
times  and  under  all  circumstances.  The  government  within  the  constitution 
has  all  the  powers  granted  to  it  which  are  necessary  to  preserve  its  existence, 
as  has  been  happily  proved  by  the  result  of  the  great  effort  to  overthrow  it 
It  will  be  seen  by  an  examination  of  the  reports  containing  his  opinions  that  he 
fearlessly  followed  the  dictates  of  an  honest  judgment,  regardless  of  what  might 
be  the  prejudice  or  passion  of  the  hour;  and,  whether  his  reason  was  on  one 
side  or  the  other  of  the  line  of  popular  clamor,  he  followed  the  logic  of  his  con- 
victions." 

After  the  close  of  the  war  many  cases  came  before  the  supreme  court  in- 
volving the  constitutionality  of  the  legal-tender  acts  of  congress.  In  the  case 
of  Hepburn  versus  Griswold  a  majority  of  the  court  held  that  **there  is  in  the 
constitution  no  express  grant  of  legislative  power  to  make  any  description  of 
credit  currency  a  legal  tender  in  payment  of  debt."    The  effect  of  this  decision 


THE  BENCH  AND  BAR  OF  ILLINOIS.  547 

was  to  invalidate  by  judicial  decision  one  of  the  most  important  acts  of  the 
government  in  the  prosecution  of  the  war,  and  to  disturb  the  business  of  the 
country,  by  making  nothing  but  coin  applicable  to  the  payment  of  debts  con- 
tracted before  the  passage  of  the  acts  of  congress  providing  for  the  issue  of 
treasury  notes.  From  that  decision  Judge  Davis,  with  Judges  Swayne  and  Miller, 
dissented.  In  a  short  time  after  the  promulgation  of  this  decision  other  cases 
reached  the  supreme  court  involving  the  same  question;  and  in  what  is  known 
as  the  *'legal-tender  cases"  the  court  reversed  the  decision  of  Hepburn  versus 
Griswold  by  holding  that  "the  acts  of  congress  known  as  the  legal-tender  acts 
are  constitutional  when  applied  to  contracts  made  before  their  passage,  and 
are  also  applicable  to  contracts  made  since."  The  last  decision  was  made  by 
a  divided  court,  Judge  Davis  holding  with  the  majority  that  congress  had  the 
power  to  pass  the  legal-tender  acts  of  1862  and  1863.  Mr.  Choate,  with  the 
wand  of  his  genius,  has  marked  with  beautiful  accuracy  the  perfect  judge:  "He 
shall  know  nothing  about  the  parties;  everything  about  the  case.  He  shall 
do  everything  for  justice,  nothing  for  himself,  nothing  for  his  patrons,  nothing 
for  his  sovereign.  If  on  one  side  are  the  executive  power  and  the  legislature 
and  the  people — the  source  of  his  honors,  the  givers  of  his  daily  bread — and 
on  the  other  side  an  individual,  nameless  and  odious,  his  eye  is  to  see  neither 
great  nor  small,  attending  only  to  the  trepidations  of  the  balance.  Give  to  the 
community  such  a  judge  and  I  care  little  who  makes  the  rest  of  the  constitution 
or  what  party  administers  it;  it  will  be  a  free  government."  To  this  high  ideal 
Judge  Davis  attained. 

Although  he  had  not  participated  in  politics  since  the  convention  of  i860, 
in  January,  1872,  the  Labor  Reform  party  nominated  him  for  the  presidency. 
Owing  to  the  dissatisfaction  in  the  Republican  party  the  liberal  movement  was 
inaugurated  in  the  early  part  of  1872,  which  culminated  in  a  convention  in  May; 
and  to  that  convention  his  name  was  submitted  as  a  candidate.  Illinois  was  di- 
vided between  Judge  Davis  and  Senator  Trumbull,  which  destroyed  the  chances 
of  both.  The  friends  of  Judge  Davis  were  largely  in  the  majority,  but  there 
being  no  state  convention  held  in  Illinois  the  question  had  to  be  settled  by  an 
equal  division  of  the  delegation.  The  result  of  the  convention  was  the  nomina- 
tion of  Mr.  Greeley  and  the  memorable  campaign  of  1872.  In  the  election  of 
1876,  in  Illinois  neither  of  the  great  parties  secured  a  majority  of  the  legislature, 
and  the  balance  of  power  was  held  by  the  independent  party  which  nominated 
Judge  Davis  as  its  candidate  for  the  United  States  senate.  General  Logan  was 
the  nominee  for  the  Republican  party,  and  various  persons  were  supported  by 
the  Democracy.  After  a  contest  lasting  from  the  first  of  January  until  the  first 
of  March,  the  Democracy  united  with  the  Independents  and  elected  the  Judge 
a  senator  from  the  4th  of  March,  1877.  The  honor  was  unsolicited  on  his  part, 
and  no  effort  was  made  by  him  to  influence  the  choice  of  the  legislature.  He 
did  not  exchange  the  court  for  the  senate  because  he  preferred  the  dignity  and 
duty  of  the  latter,  but  because  the  legislature  tendered  him  the  place,  and  under 
all  the  circumstances  he  did  not  feel  at  liberty  to  decline. 

His  career  as  judge  commenced  in  1848  and  ended  in  1877,  making  a  con- 


548  THE  BENCH  AND  BAR  OF  ILLINOIS. 

tiniioiis  service  of  twenty-nine  years  of  judicial  labor.  Upon  his  retirement  his 
brethren  of  the  bench  left  upon  the  records  of  the  court  an  enduring  memorial 
of  his  many  virtues,  as  shown  by  correspondence.  On  the  5th  of  March,  1877, 
he  addressed  his  brethren  of  the  court  as  follows: 

**My  official  connection  with  the  supreme  court  of  the  United  States  closes 
to-day.  Having  passed  all  the  years  of  my  active  life  at  the  bar  or  on  the 
bench,  it  is  not  without  serious  misgivings  that  I  enter  upon  a  new  sphere  of 
public  service ;  but  I  have  not  felt  at  liberty  to  decline  a  seat  in  the  senate,  with 
which  1  have  been  honored  by  the  general  assembly  of  the  state  of  Illinois. 
Having  severed  the  relations  which  have  existed  between  us  for  so  many  years, 
I  beg  leave  to  bear  my  testimony  to  the  eminent  learning,  ability  and  integrity 
which  have  characterized  your  judicial  labors.  From  the  organization  of  the 
government  the  supreme  court  has  been  composed  of  able  and  upright  judges. 
In  my  judgment,  it  is  now  as  worthy  of  the  confidence  of  the  American  people 
as  it  ever  has  been  at  any  period  of  its  history.  Since  I  was  invited  to  its  coun- 
cils by  President  Lincoln  six  of  its  members  have  been  numbered  wdth  the  dead. 
I  take  great  satisfaction  in  the  reflection  that  my  relations  wath  them  and  all 
my  associates  have  been  uniformly  kind  and  cordial.  In  offering  you  my  part- 
ing salutations,  I  beg  you  to  be  assured  of  the  respect  and  sincere  good  wishes 
with  which  I  remain  your  friend  and  servant." 

To  the  above  the  court,  by  letter,  replied: 

*'We  have  received  with  sincere  regret  your  letter  announcing  that  your 
official  connection  with  us  is  closed.  During  the  fifteen  years  in  which  you  have 
been  a  member  of  this  court  questions  of  the  gravest  character  have  come  before 
it  for  adjudication,  and  you  have  borne  your  full  share  of  the  labor  and  respon- 
sibility which  their  decision  involved.  We  shall  miss  you  in  the  conference  room, 
your  wise  judgment  and  your  just  appreciation  of  facts;  in  the  reception  room, 
your  kind  and  courteous  greetings.  With  the  hope  that  your  life  in  the  future 
may  be  as  useful  as  it  has  been  in  the  past,  and  that  the  ties  of  personal  friend- 
ship which  now  bind  us  so  closely  to  you  may  never  be  broken,  we  subscribe 
ourselves  very  sincerely  your  friends." 

While  he  had  but  little  legislative  experience  when  he  became  a  member 
of  the  senate,  he  at  once  took  a  position  among  the  leaders  of  that  distinguished 
body,  serving  on  the  judiciary  committee  with  Edmunds,  Conkling,  Thurman, 
Garland,  Carpenter  and  other  great  lawyers  of  the  American  senate.  He  served 
as  acting  vice-president  for  nearly  two  years,  and  with  but  little  experience  in 
the  technical  knowledge  of  parliamentary  law  he  decided  every  question  that 
came  before  the  senate  without  submission,  and  never  was  reversed  by  the  action 
of  the  senate.  In  the  sennte,  as  in  every  other  situation,  he  commanded  the 
respect  and  confidence  of  his  associates,  and  retired  from  that  body  at  the  end  of 
his  term  to  enjoy  the  ease  and  comfort  of  private  life.  As  a  member  of  the  judi- 
ciary committee  he  performed  faithful  service  in  shaping  the  legislation  of  con- 
gress during  the  entire  term  of  his  office. 

In  November,  1879,  ^^ss  than  two  years  after  his  election.  Mrs.  Davis,  who 
had  been  in  delicate  health  for  some  time,  died  at  her  old  home  in  Massachusetts, 


THE  BENCH  AND  BAR  OF  ILLINOIS.   ,  549 

leaving  after  her  the  memory  of  many  acts  of  kindness  in  alleviating  the  wants 
of  the  poor,  both  in  Washington  and  the  city  in  which  she  lived  for  nearly  half  a 
century.  In  March,  1883,  upon  the  expiration  of  his  term  as  senator,  he  was 
married  to  Miss  Adeline  Burr,  of  Fayetteville,  North  Carolina,  a  lady  of  many 
accomplishments,  and  fitted  in  every  respect  for  the  high  social  position  which 
she  occupied  as  the  wife  of  Judge  Davis. 

After  his  retirement  from  the  senate  he  devoted  his  attention  to  private 
business,  which,  on  account  of  his  extensive  property,  was  large  and  exacting. 
As  he  approached  the  age  of  seventy  the  vigor  of  his  constitution  and  the 
vivacity  of  his  spirits  became  much  impaired  by  the  encroachments  of  disease; 
on  the  26th  of  June,  1886,  after  an  illness  of  several  months,  he  passed  the  mys- 
terious change  of  death.  At  the  time  of  his  illness,  though  retired  from  public 
life,  men  of  all  creeds  and  of  all  parties  anxiously  hoped  for  his  restoration  to 
health  and  vigor.  As  a  public  man  he  had  filled  no  ordinary  space  in  the  affec- 
tions of  the  people,  and  in  the  appreciation  of  personal  friendship  throughout 
the  length  and  breadth  of  a  land  made  better  and  happier  by  the  goodness  and 
greatness  of  hi^  character.  He  left  surviving  as  children  Mr.  George  Perrin 
Davis  and  Mrs.  Sarah  D.  Swayne  to  perpetuate  the  worth  of  a  life  rich  in  the 
goodness  of  duty  performed.  Nature  and  education  had  stamped  upon  him 
every  lineament  of  gentility.  Though  he  was  wealthy,  fortune-making  was  not 
a  passion  of  his  life.  He  loved  thrift,  independence  and  possessibn,  but  mere 
wealth  had  no  allurements  for  him.  He  served  the  state  as  a  judge  at  a  nominal 
salary,  to  the  great  sacrifice  of  his  pecuniary  interests,  and  his  whole  life  was 
devoted  to  the  public  service  to  the  detriment  of  his  private  fortune.  His  life 
was  a  success,  not  accidental  but  deserved.  He  approached  the  ladder  of  fortune 
and  fame,  and  placed  his  feet  on  every  round  on  which  he  stood  as  the  result 
of  his  own  labor  and  merit.  If  he  had  opportunity,  he  created  it;  if  he  had 
success,  he  achieved  it;  if  he  had  victory,  he  won  it.  He  produced  the  condi- 
tions of  his  own  advancement.  He  filled  three-score  and  ten  years  with  good- 
ness and  crowned  them  with  greatness.  He  commanded  the  respect  of  his 
fellow-citizens  of  all  sections  and  of  all  parties,  and,  in  the  language  of  Judge 
Kelley,  "he  is  well  known  to  the  country  by  his  career  as  an  independent 
senator  and  a  learned  and  conscientious  justice  of  the  supreme  court  of  the 
United  States." 

Shelby  M.  Cullom  was  born  in  Wayne  county,  Kentucky,  November  22, 
1829,  2ind  within  the  following  year  his  parents  removed  to  Illinois,  settling  in 
Tazewell  county,  where  they  passed  the  residue  of  their  days  and  where  they 
now  sleep  the  skep  of  the  just.  The  father,  Richard  Northcraft  Cullom,  was 
for  many  years  a  leading  citizen  of  Illinois  and  was  well  known  by  all  the  prom- 
inent men  of  his  time  throughout  the  state.  He  was  a  member  of  the  state  legis- 
lature several  times  and  was  a  close  friend  of  Abraham  Lincoln,  vStephen  T. 
Logan,  John  T.  Stuart,  Benjamin  S.  Edwards  and  other  representative  Whig 
politicians  and  lawyers,  his  identification  with  the  old  Whig  party  being  a  very 
active  and  intimate  one  from  the  time  of  its  inception. 

The  son  of  a  farmer,  our  subject  became  early  accustomed  to  the  hardy  but 


550  THE  BENCH  AND  BAR  OF  ILLINOIS. 

plain  fare  and  the  laborious  duties  attaching  to  farm  life,  the  discipline  being 
a  valuable  one  during  the  formative  period  of  his  life.    In  those  days  educational 
facilities  in  the  newer  western  states  were  very  limited  in  scope.    Young  Cullom 
had  early  in  life  decided  to  adopt  the  law  as  his  chosen  profession,  and  so  realized 
the  necessitv  of  a  broader  and  more  liberal  education  than  the  country  schools 
afforded.    His  ambition  and  determination  soon  led  him  to  the  practical  consul- 
tation of  ways  and  means;   he  prevailed  upon  his  father  to  lencj  him  a  team  of 
oxen  and  a  plow,  and  with  this  primitive  equipment  he  began  the  battle  oi  Uie 
on  his  own  responsibility,  engaging  for  several  months  in  breaking  prairie  at 
two  dollars  per  acre.     He  then  taught  a  country  school  for  six  months,  and  the 
money  thus  earned  enabled  him  to  attend  school  at  Rock  River  Seminary,  Illi- 
nois, for  two  years.     He  was  an  assiduous  student,  and  the  magnificent  physical 
strength  which  he  had  attained  by  following  the  plow  and  swinging  the  ax  came 
into  great  use  as  the  mental  portion  of  his  system  was  called  upon  for  its  most 
vigorous  work.     After  returning  from  school  he  went  to  Springfield,  Illinois, 
and  there  began  the  study  of  law,  entering  the  office  of  Messrs.  Stuart  &  Ed- 
wards, who  constituted  one  of  the  strongest  and  best  known  law*  firms  of  that 
place  and  period. 

In  1855,  two  years  after  he  began  his  legal  studies,  Mr.  Cullom  was  admitted 
to  the  bar  and  immediately  thereafter  came  to  him  his  first  official  preferment, 
that  of  city  attorney  of  Springfield.  It  was  a  year  of  excitement  on  the  tem- 
perance question;  the  city  had  passed  ordinances  prohibiting  the  sale  of  liquor, 
and  young  Cullom  did  all  in  his  power  to  enforce  the  laws,  proving  quite  suc- 
cessful in  his  prosecutions.  He  soon,  however,  entered  upon  a  broader  field 
of  practice,  finding  in  the  circuit  court  a  higher  plane  for  the  exercise  of  his 
talents,  and  meeting  here,  as  antagonists,  some  of  the  foremost  practitioners 
of  the  day.  As  a  lawyer  his  presentation  of  a  case  was  always  logical  and  con- 
cise. In  judgment  he  showed  himself  to  be  keen  and  accurate,  with  that  judicial 
ability  which  implied  intuitive  wisdom.  He  soon  gained  a  lucrative  practice,  and 
had  he  seen  fit  to  remain  in  private  life  he  might  to-day  have  been  counted 
among  the  men  of  wealth,  instead  of  one  w^ho  has  in  a  measure  sacrificed  personal 
ambition  for  the  purpose  of  rendering  service  to  the  public. 

In  1856  he  was  nominated  and  elected  a  member  of  the  house  of  represen- 
tatives in  the  state  legislature,  was  re-elected  in  i860  and  was  chosen  speaker. 
Cullom  had  always  been  strongly  arrayed  in  the  support  of  the  Republican  party, 
but  his  second  election  came,  notw'ithstanding  the  differences  in  political  creed  be- 
tween himself  and  a  majority  of  his  constituents  in  Sangamon  county,  thus  show- 
ing that  his  services  as  a  legislator  had  been  appreciated  and  that  as  a  man  he 
was  held  in  highest  estimation.  At  the  election  in  i860  the  county  gave  the 
Douglas  electors  a  small  majority,  but  such  was  Cullom's  personal  popularity  that 
he  was  elected  to  the  house  by  a  majority  of  sixty-two  votes.  The  Republicans 
being  now,  for  the  first  time,  in  the  majority  in  the  legislature,  he  was  chosen 
speaker  and  upon  him  fell  the  honor  of  being  the  youngest  man  upon  whom  this 
responsible  position  has  been  conferred  in  the  state.  In  1862  President  Lin- 
coln, who  was  a  warm  personal  friend  of  our  subject,  appointed  him  a  commis- 


THE  BENCH  AND  BAR  OF  ILLIl 

sioner  to  pass  upon  the  accounts  of  quartermasters  and  * 
a  trust  of  more  importance  than  is  indicated  by  a  super 
which  demanded  the  exercise  of  discriminating  care  and  s 
able  report  which  was  in  due  time  presented  shows  the 
which  the  incidental  duties  were  performed.    In  the  same 
came  a  candidate  for  the  state  senate,  but  the  feeling  in  his 
at  this  crucial  period  and  so  opposed  to  the  war  that  natura 
tive  of  a  party  pledged  to  its  prosecution,  he  was  defeal 
elected  by  the  Republicans  of  the  old  eighth  district  for 
popular  branch  of  congress,  his  opponent  being  one  of  h 
Hon.  John  T.  Stuart.    Two  years  later  he  was  re-elected  t( 
again  in  1868,  on  which  occasion  he  foimd  as  his  antagon: 
Edwards,  his  other  preceptor,  who  likewise  met  defeat  at  th 
protege.     Mr.  Cullom  entered  into  the  national  congress  di 
period  of  reconstruction  when  the  best  thoughts  of  the  ables 
were  brought  into  constant  requisition  in  the  effort  to  eff 
many  perplexing  questions  that  presented  themselves.    The 
the  fact  that  he  was  an  active  and  aggressive  member,  cv 
share  in  the  debates,  the  while  maintaining  a  conservative  a 
opinions  adequately  fortified.     Within  his  last  term  in  the 
chairman  of  the  committee  on  territories,  and  prepared  a  bil 
of  polygamy  in  Utah  territory,  which  passed  the  house  but 
This  bill  became  the  practical  basis  of  subsequent  legislati 
of  which  has  destroyed  the  jjistitution  of  polygamy. 

After  returning  from  congress  Mr.  Cullom  was  urged  tc 
to  enter  the  state  legislature  and  thus  to  aid  in  insuring  whai 
imperative  measure,  the  revision  of  the  laws  of  the  state,  j 
effective  co-operation  in  retaining  the  capital  at  Springfiel( 
for  its  removal  having  been  in  progress  for  several  years.  ] 
come  a  candidate  and  was  again  elected  to  the  lower  houj 
once  more  chosen  speaker  by  his  party  colleagues,  who  w 
Nothing  further  was  heard  of  the  project  for  the  removal  of 
legislature  undertook  and  completed  the  most  effective  revis 
has  perhaps  ever  been  made  in  the  state.  In  1874  our  subjec 
time  elected  representative  of  his  county  in  the  assembly  anc 
of  his  party  for  speaker,  but  was  defeated,  owing  to  a  sue 
between  the  Democratic  and  independent  members  of  the  ho 
became  notorious  as  the  *'Haines  legislature,"  which  has  pa 
the  worst  the  state  ever  had. 

It  was  at  this  juncture  that  the  friends  of  Mr.  Cullom  b< 
his  name  in  connection  with  the  candidacy  for  governor  of  tl 
for  which  he  was  admirably  fitted,  by  reason  of  his  distinctive 
experience  in  public  affairs.  In  1876,  accordingly,  he  recei 
at  the  Republican  state  convention  and  was  elected  as  gove 
bined  forces  of  the  Democrats  and  independents,  the  same  coa 


552  THE  BENCH  AND  BAR  OF  ILLINOIS. 

year  before  defeated  him  for  the  speakership.  His  administration  as  governor 
of  Illinois  was  highly  satisfactory  to  the  people  of  the  state,  whose  affairs  were 
never  in  better  condition  than  when  he  retired  from  office.  At  the  end  of  his 
term  not  a  word  could  be  urged  against  his  executive  policy,  even  by  his  political 
adversaries,  and  he  was  elected  to  serve  a  second  consecutive  term, — the  first  in- 
stance of  the  sort  in  the  history  of  the  state.  Within  the  period  of  his  adminis- 
tration the  last  of  the  state  debt  was  paid,  as  an  example  of  the  economic  and 
judicious  policies  which  the  executive  had  insisted  upon. 

In  March,  1883,  by  the  expiration  of  the  term  of  United  States  Senator 
David  Davis,  there  came  up  the  matter  of  electing  his  successor,  and  though 
Governor  Cullom  was  at  this  time  but  half  way  through  his  second  term  the 
Republican  caucus  of  the  thirty-third  general  assembly  nominated  him  to  repre- 
sent the  state  in  the  national  senate  and  he  was  duly  elected.  Mr.  Cullom  re- 
signed his  office  as  governor  in  February,  1883,  and  his  career  as  senator  began 
March  4th  of  the  same  year.  At  the  expiration  of  his  first  term,  in  1889,  he  was 
re-elected,  and  in  January,  1895,  he  was  again  elected,  for  a  third  term,  which 
expires  March  4,  1901. 

As  senator  it  is  said  that,  before  he  took  his  seat,  he  determined  to  do  all 
in  his  power  to  accomplish  three  things:  first,  to  prevail  on  the  government  to 
construct  the  waterway  known  as  the  Hennepin  canal,  connecting  the  upper 
Mississippi  river  with  the  great  lakes  at  Chicago;  second,  to  bend  every  effort 
to  carry  forward  to  successful  issue  that  endeavor  which  had  enlisted  his  atten- 
tion while  a  member  of  the  lower  house, — the  abolition  of  polygamy  in  Utah: 
and  third,  to  vitalize  the  commercial  clause  of  the  ^institution  by  an  act  of  con- 
gress, *Vegulating  commerce  among  the  several  states,"  etc.,  etc.  What  better 
criticism  of  his  efforts  can  be  offered  than  this:  polygamy  has  been  obliterated 
and  Utah  has  been  admitted  into  the  Union  as  a  state;  the  Hennepin  canal  is 
being  constructed;  and  an  act  of  congress  was  passed  in  1887  known  as  the 
Cullom  act,  "regulating  commerce  among  the  several  states."  It  is  in  connec- 
tion with  the  last  and  most  important  measure  of  this  notable  list  that  Senator 
Cullom  has  become  most  distinguished  as  a  legislator.  He  was  at  the  head  of  a 
committee  which  made  an  exhaustive  investigation  of  the  condition  of  inter- 
state commerce  as  conducted  by  the  common  carriers  of  the  country  and  which 
finally  brought  about  the  passage  of  the  act  already  mentioned.  This,  the  Cul- 
lom act,  which  was  approved  in  1887,  is  regarded  by  very  many  of  the  ablest  men 
of  the  country  as  the  most  important  measure  which  has  been  enacted  since  the 
close  of  the  war. 

Xo  man  has  ever  represented  Illinois,  either  as  a  member  of  the  state  legisla- 
ture, as  a  representative  in  the  lower  house  of  congress,  as  governor  of  the  state, 
or  as  a  United  States  senator,  who  has  been  more  faithful  to  the  trust  reposed  in 
him  by  the  people.  His  mental  characteristics  are  of  the  solid  and  practical 
rather  than  of  the  ostentatious  and  brilliant  order.  He  is  essentially  strong  in 
intellect  and  capable  of  reaching  safe,  reasonable  and  prudent  conclusions. 

In  December,  1855,  at  Springfield,  lUinois,  was  consummated  the  marriage 
of  Senator  Cullom  to  Miss  Hanna  ]M.  Fisher,  who  died  in  1861,  leaving  two 


THE  BENCH  AND  BAR  OF  ILLINOIS.  553 

little  daughters,  Ella  and  Catherine.  Ella  became  the  wife  of  William  Barrett 
Ridgely,  of  Springfield.  Catherine  married  Robert  Gordon  Hardie,  an  artist  of 
distinction  in  New  York.  Her  untimely  demise  occurred  May  17,  1894.  Some 
years  after  the  death  of  his  first  wife  Mr.  Cullom  married  her  younger  sister, 
Miss  Julia  Fisher.  Two  children  were  born  of  this  union,  but  both  died  in  in- 
fancy. 

George  Manierre,  statesman,  journalist^  lawyer,  and  jurist,  came  to  Chicago 
at  the  age  of  eighteen  and  died  at  forty-six,  but  in  the  intervening  period  made 
his  impress  on  the  destiny  of  the  city,  state  and  nation;  led  in  the  work  of  the 
emancipation  of  slaves,  determined  and  established  great  principles  of  law,  aided 
public  education,  and  in  a  thousand  w^ays  benefited  humanity.  He  was  born  in 
New  London,  Connecticut,  in  1817,  of  Norman-French  descent.  The  father 
died  in  1831,  and  his  widow^  with  her  children,  removed  to  New  York.  It  was 
necessary  for  the  boys  to  work,  and  George  found  a  place  in  a  banker's  office, 
which  he  soon  gave  up.  He  became  a  student  of  law  under  the  direction  of  Judge 
John  Brinckerhoff,  in  New  York  city,  and  in  1835  he  came  to  Chicago.  He 
found  a  place  in  the  law  office  of  Grant  &  Peyton,  with  whom  he  continued  his 
studies  until  the  firm  dissolved,  when  he  was  fortunate  enough  to  secure  the 
friendship  and  mentorship  of  Jonathan  Young  Scammon.  In  1839  he  was  ad- 
mitted to  the  bar.  Upon  the  resignation  of  Mr.  Scammon  he  was  installed  as 
deputy  clerk  of  the  circuit  court,  and  later  was  appointed  master  in  chancery. 
In  1840  he  formed  a  law  partnership  with  George  Meeker  and  took  up  the 
regular  practice  of  the  profession.  In  1841  he  entered  upon  his  historic  service 
as  city  attorney,  during  which  he  prepared  a  digest  of  Chicago's  original  charter 
and  the  municipal  ordinances  which  was  the  standard  of  authority  until  1853. 
He  served  two  terms  in  this  office..  He  performed  the  duties  of  school  commis- 
sioner from  1844  to  1852,  and  in  1846  consented  to  be  alderman  from  the  first 
ward  that  he  might  the  better  work  out  some  changes  in  the  school  ordinances. 
In  1849  he  was  appointed  sole  master  in  chancery  for  Cook  county  and  held  that 
office  until,  in  1855,  he  was  elected  judge  of  the  circuit  court  for  the  Chicago  dis- 
trict, then  embracing  Cook  and  Lake  counties,  and  he  was  re-elected  without 
opposition  in  1861.  He  died  four  years  before  his  second  term  would  have  ex- 
pired. 

Such  is  the  bare  record  of  his  rise  in  two  decades  from  a  boy,  poor  and  un- 
know'n,  to  the  bench  of  one  of  the  most  important  courts  of  his  day,  to  which 
he  was  elevated  at  the  age  of  thirty-eight.  While  it  is  true  that  Mr.  Manierre 
achieved  his  greatest  distinction  as  a  judge,  it  is  not  less  true  that  the  years  he 
lived  before  he  attained  that  high  station  were  full  of  interest  and  instinct  with 
influence  upon  his  life  and  his  time. 

The  ability  with  which  he  made  a  digest  of  the  municipal  charter  and  ordi- 
nances has  been  referred  to.  Shortly  after  his  admission  to  the  bar  he  assumed 
editorial  charge  of  the  Chicago  Democrat  and  he  imparted  to  the  paper  a  terse- 
ness and  vigor  of  expression,  joined  to  a  breadth  of  comprehension,  rarely  to  be 
found  in  a  political  journal.  He  was  one  of  the  founders  of  the  Chicago  His- 
torical Society  and  one  of  its  life  members.    Of  the  Chicago  Lyceum,  the  oldest 


354  THE  BENCH  AND  BAR  OF  ILLINOIS. 

literary  society  in  the  city,  he  was  secretary,  and  of  its  successor,  the  Young 
Men's  Association,  he  became  president.  He  was  also  one  of  the  founders  oi  the 
Law  Institute  and  library.  }lis  tastes  were  all  hterary,  and  when  lie  became 
a  lawyer  America  was  deprived  of  an  able  author  and  journalist.  The  Manierre 
School,  on  the  north  side,  is  but  a  deserved  monument  to  his  long  and  useful 
devotion  to  the  cause  of  public  education  in  Chicago.  He  was  a  member  of  the 
first  board  of  regents  of  the  t'hicago  University,  in  1859,  and  held  the  office  at 
the  time  of  his  death,  and  he  was  conspicuous  in  about  every  movement  for 
the  public  welfare  from  t836  to  1863,  His  part  in  the  estabhshment  of  Lincoln 
park  should  alone  endear  him  to  every  loyal  Chicagoan. 

A  Democrat  politically,  Judge  Manierre  was  yet  an  ardent  champion  of  the 
I'ree  Soil  idea.  As  early  as  1848  he  endorsed  a  vigorous  appeal  to  his  own  partv 
against  the  e.Mension  of  slavery.  He  gave  to  fugitive  slaves  seeking  freedom 
in  Canada  his  sympathy,  his  money  and  his  professional  counsel  as  they  might 
require  one  or  more  of  them.  At  the  historic  Aurora  convention,  held  Seplem- 
ber  IQ,  1854,  as  chairman  of  the  committee  on  resolutions.  Judge  Manierre  pre- 
sented the  party  platform  and  recommended  the  adoption  of  the  name  "Republi- 
can." From  that  time  until,  in  i860,  Mr.  Lincoln's  election  was  effected  on  an 
anti-slavery  platform,  (ieorge  Manierre  never  faltered  or  wearied  in  the  work 
he  had  cut  out  for  him.self.  Personally  he  cared  not  whether  he  had  led  or 
followed,  so  that  he  worked  unceasingly  to  the  end  desired,  but  from  his  verj' 
nature  he  was  made  a  leader  by  others  who  needed  the  directing  force  of  hU 
honest,  liberty-loving  character.  That  was  the  last  presidential  campaign  in 
which  he  lived  to  participate.  He  assisted  in  bringing  the  Republican  party  into 
being  and  oflficiatcd  at  its  christening.  He  watched  it  during  its  infancy,  fostered 
its  rapid  development,  and  lived  to  see  the  first  vigorous,  irresistible  triumph  of 
its  maturity.  Hut  he  was  not  permitted  to  live  to  see  treason  discomfited  and 
human  bondage  stamped  out  in  America. 

As  truly  as  the  designation  may  apply  to  any  lawyer  who  ever  lived  in 
Chicago,  George  Manierre  was  a  great  lawyer.  So  finely  constituted,  so  thor- 
oughly equipped,  so  spirited  a  man  could  scarcely  have  stopped  short  of  that. 
Every  old  member  of  the  bar  remembers  how  completely  he  always  commanded 
the  respect  of  judges,  lawyers,  and  juries.  But  if  he  gave  satisfaction  as  a  lawyer 
far  beyond  most  of  his  contemporaries  he  compelled  even  greater  admiration  as 
a  judge.  His  findings  were  usually  unassailable,  and  as  contrary  to  the  practice 
common  to  judges,  he  wrote  them  out,  many  of  them  have  been  taken  as  authority 
by  writers  of  text  books.  Though  not  a  long  one,  his  judicial  career  was  an 
exceptionally  brilliant  and  creditable  one,  and  its  lasting  usefulness  is  apparent 
in  the  fact  that  his  important  findings  were  all  conceded  to  be  error-proof  and 
were  taken  by  compilers  of  law  books  as  final  and  binding  interpretations  of  the 
law  involved  in  each  case.  He  loved  humanity  and  human  rights  too  well  ever 
to  have  been  wilfully  unfair  in  any  ruling,  and  his  accurate  knowledge  and 
magnificent  judgment  were  as  nearly  proof  against  error  as  is  possible  to  a  man. 
His  absolute  fearlessness  of  public  opinion  was  apparent  in  his  every  action. 
Is  it  right,  and  will  it  be  for  the  good  of  the  country  and  of  man?  were  his 
only  questions  when  considering  what  course  he  should  pursue.     His  fervent 


THE  BENCH  AND  BAR  OF  ILLINOIS.  555 

patriotism  and  love  of  liberty  will  be  honored  when  the  names  of  mere  partisans 
shall  be  recalled  only  to  scorn. 

Judge  Manierre  was  married,  in  1841,  to  Miss  Ann  Hamilton  Reid,  daugh- 
ter of  William  Reid,  barrister,  of  Glasgow,  Scotland,  who,  with  four  sons, — 
George,  William  R.,  Edward,  and  Benjamin  Manierre  survived  him.  The  close 
confinement  to  which  he  was  subjected  by  a  long  and  exacting  trial  superin- 
duced the  attack  of  typhoid  fever  which  terminated  his  career  May  21,  1863. 

Isaac  N.  Arnold. — Shortly  after  the  death  of  this  distinguished  citizen  of 
Chicago  Hon.  E.  B.  Washburne,  in  a  feeling  of  tribute  to  his  memory  delivered 
before  the  Historical  Society,  thus  briefly  pictured  Mr.  Arnold's  career:  ''During 
all  the  active  years  of  a  long  and  well  spent  life  Mr.  Arnold  has  been  a  citizen 
of  Chicago,  contributing,  by  his  indefatigable  industry,  his  patriotism,  his  public 
spirit,  his  rare  abilities,  his  great  acquirements,  his  spotless  moral  character,  his 
high  social  qualifications  and  instincts  as  a  thorough  gentleman,  to  give  luster  to 
the  city  of  his  residence  and  to  the  generation  to  which  he  belonged.  A  success- 
ful lawyer  that  stood  in  the  front  rank  of  his  profession;  a  cautious,  far-seeing 
and  wise  legislator,  distinguishing  himself  in  the  halls  of  legislation,  national  as 
well  as  state ;  a  successful  public  speaker  and  a  writer  of  great  power  and  wide- 
spread popularity,  he  has  left  to  the  generations  that  succeed  him  the  legacy  of 
a  noble  example  and  a  noble  name." 

Mr.  Arnold  was  born  in  Otsego  county.  New  York.  His  father,  George 
Washington  Arnold,  was  a  physician  in  good  standing.  He  w^as  descended  from, 
those  Arnolds  early  in  New  England,  some  of  whom  were  associated  with  Roger 
Williams  and  others  in  founding  the  colony  of  Rhode  Island.  The  spirit  which 
prevailed  in  that  glorious  little  repubhc  in  those  days  descended  to  Isaac  New- 
ton Arnold  and  made  him  a  general  of  those  who  struggled  not  alone  for  re- 
ligious liberty,  but  for  liberty  of  intellect  and  liberty  of  person;  for  it  is  a  part 
of  our  legislative  history  that  on  the  15th  of  February,  1864,  this  man  intro- 
duced in  congress  a  resolution  declaring  that  the  federal  constitution  should 
be  so  amended  as  to  abolish  slavery  in  the  United  States^-the  first  step  ever 
taken  in  congress  in  favor  of  the  abolition  and  prevention  of  human  bondage  in 
this  country. 

Among  the  hills  and  vales  of  Otsego  county,  that  lovely  region  made  fa- 
mous by  the  residence  and  romance  of  Cooper,  Mr.  Arnold  passed  his  boy- 
hood. He  was  a  mere  boy  when  he  learned  in  the  hard  school  of  experience 
how  terrible  is  the  struggle  for  existence  and  for  the  knowledge  which  alone  is 
power.  It  would  be  interesting  to  trace  his  progress,  step  by  step,  as  he  worked 
his  way  through  the  public  schools  and  through  the  village  academy,  but  it  is 
of  Isaac  N.  Arnold  the  man,  not  Isaac  N.  Arnold  the  boy,  that  these  pages  have 
to  do — the  Isaac  N.  Arnold  of  Chicago,  of  Illinois,  and  of  the  nation. 

From  the  time  he  was  seventeen  until  he  was  twenty  he  taught  school  one- 
half  of  each  year,  in  order  to  maintain  himself  and  attend  school  the  other  half, 
and  thought  himself  fortunate  to  be  able  to  accomplish  so  much.  Then,  enter- 
ing the  law  offices  of  Richard  Cooper  and  Judge  Morehouse,  at  Cooperstown, 
he  took  up  the  study  of  law  and  pursued  it  with  such  success  that  in  1835,  at 


556  THE  BENCH  AND  BAR  OF  ILLINOIS. 

the  age  of  twenty-two,  he  was  admitted  to  the  bar.  For  a  short  time  he  prac- 
ticed as  a  partner  with  Judge  Morehouse,  but  in  1836  he  came  to  Chicago  and 
entered  upon  that  career  which  was  to  rank  him  before  its  close  as  one  of  the 
most  distinguished  jurists  of  this  country.  For  more  than  thirty  years  he  stood 
at  the  head  of  the  Chicago  bar.  Always  painstaking  in  the  preparation  of  his 
cases  and  thoroughly  well  informed,  by  diligent  and  unremitting  study,  he  was 
a  powerful  advocate,  both  before  the  court  and  before  the  jury,  and  it  has  been 
said  of  him  that  "in  that  persuasive  style  of  address  which  tells  most  eflfectively 
upon  the  average  juror  he  had  no  superior."  To  give  any  account  of  the  im- 
portant cases  in  which  he  appeared  from  time  to  time  would  be  practically  to 
write  the  history  of  this  bar  for  more  than  a  quarter  of  a  century.  On  the  9th 
of  December,  1841,  somewhat  more  than  five  years  after  he  came  to  Chicago, 
he  was  admitted  to  practice  at  the  bar  of  the  supreme  court  of  Illinois,  and  from 
that  time  imtil  his  retirement  he  was  a  conspicuous  figure,  and  his  name  was 
familiar  in  all  the  courts  of  the  state. 

It  was  in  1843  that  Chief  Justice  Taney,  of  the  supreme  court  of  the  United 
States,  handed  down  a  decision  affirming  the  unconstitutionality  of  the  then 
existing  state  law,  providing,  among  other  things,  that  unless  the  property  of 
a  judgment  debtor  should  realize  two-thirds  of  its  appraised  value  it  should  not 
be  sold  under  execution.  The  law  thus  condemned  and  ultimatelv  erased  from 
the  statute  books  of  the  state  had  enabled  unscrupulous  persons  to  evade  the 
payment  of  their  debts,  and  had  been  planned  and  passed  in  the  interest  of  an 
unprincipled  class  by  an  unprincipled  legislature.  Mr.  Arnold  had  been  elected 
to  the  lower  house  of  the  Illinois  general  assembly  in  1842,  and  had  become 
known  as  a  determined  opponent  of  a  policy  so  disgraceful  to  the  state  and  detri- 
mental to  the  credit  of  the  people.  His  attitude  led  to  his  being  employed  to 
enforce  the  claim  of  a  New  York  judgment  creditor  against  a  debtor.  When  the 
case  was  carried,  finally,  to  the  United  States  supreme  court,  he  submitted  an 
able  and  convincing  written  argument  in  support  of  his  position,  which  was 
sustained  by  Mr.  Taney  in  one  of  the  most  elaborate  opinions  ever  delivered  in 
that  court.  Thus,  more  than  fifty  years  ago,  he  conferred  upon  the  people  of 
the  state  a  benefit  which,  had  he  no  other  claim  upon  their  gratitude,  would 
richly  entitle  him  to  a  place  in  history. 

In  1844  ^^^  ^^'^s  again  elected  to  the  lower  house  of  the  Illinois  general 
assembly,  which  then  embraced  men  of  ability  and  distinction,  among  whom 
Mr.  Arnold  was  conspicuous,  not  alone  for  learning  and  efficiency,  but  for  force 
of  character  and  an  innate  honesty  that  made  him  the  people's  true  and  faithful 
servant  and  a  watchman  and  guardian  of  all  public  interests.  In  1846  he  retired 
from  public  life,  and  during  the  ensuing  ten  years  devoted  himself  to  the  practice 
of  his  profession.  During  this  period  he  held  only  one  official  position,  that  of 
presidential  elector  on  the  Polk  ticket,  in  1844.  It  was  the  repeal  of  the  Missouri 
Compromise,  in  1854,  that  was  at  length  influential  in  bringing  him  out  of  his 
retirement.     This  measure  was  as  abhorrent  to  his  fine  sense 'of  public  honor 

• 

as  the  repudiation  act  of  the  Illinois  legislature  had  been.     He  became  an  anti- 
Nebraska  Democrat,  and  was  so  known  in  1856,  and  at  the  beginning  of  the  war 


THE  BENCH  AND  BAR  OF  ILLINOIS.  557 

he  became,  as  did  most  Democrats  of  that  stripe,  a  member  of  the  Republican 
party,  because  it  was  the  anti-slavery  party  and  the  war  party.  In  1856  he  was 
a  candidate  of  the  anti-Nebraska  Democrats  and  the  Republicans  of  Cook  county 
for  membership  of  the  house  of  representatives  in  the  state  legislature,  and  was 
elected.  At  the  succeeding  session  he  distinguished  himself  by  his  support  of 
Governor  Bissell,  w^hom  the  Democrats  sought  to  keep  out  of  the  gubernatorial 
chair  on  the  claim  that,  against  the  peace  and  dignity  of  the  state  of  Illinois,  he 
had  once  accepted  a  challenge  to  fight  a  duel.  Mr.  Arnold's  speech  in  defense  of 
the  governor  settled  the  question  and  placed  the  author  in  view  of  the  whole  state 
as  one  of  its  ablest  public  men. 

In  i860  Mr.  Arnold  was  elected  to  congress  from  the  Chicago  district  and 
made  his  debut  in  that  capacity  July  4,  1861,  at  the  beginning  of  the  extra  session 
of  the  thirty-seventh  congress,  called  for  the  suppression  of  the  rebellion  of  the 
southern  states.  Mr.  Lincoln  had  long  known  Mr.  Arnold — they  were  warm 
personal  friends,  in  fact,  and  there  was  no  member  of  that  congress  to  whom  the 
president  looked  with  greater  confidence.  In  this,  his  first  session  in  congress, 
Mr.  Arnold  was  honored  by  being  chosen  to  pronounce  the  eulogy  on  the  death 
of  Hon.  Stephen  A.  Douglas.  In  the  proceedings  of  the  regular  session  of  this 
congress,  which  opened  on  the  2d  of  December,  1861,  Mr.  Arnold  took  an  active 
part,  and  publicly  placed  himself  among  the  foes  of  slavery  by  his  vote  to 
abolish  the  institution  in  the  District  of  Columbia.  He  also  introduced  a  bill, 
and  against  the  bitterest  opposition  secured  its  passage,  to  prohibit  slavery  in 
every  place  subject  to  national  jurisdiction,  and  throughout  his  congressional 
career  he  acted  consistently  upon  his  own  adjuration:  '^Whenever  we  can  give 
slavery  a  constitutional  blow,  let  us  do  it."  His  speech  delivered  in  the  House 
May  2,  1862,  in  favor  of  the  confiscation  of  rebel  property,  for  which  a  bill  had 
been  introduced,  was  by  some  regarded  as  the  ablest  he  made  in  congress,  and 
as  an  exposition  of  constitutional  law  it  attracted  the  attention  of  lawyers  every- 
where. 

From  the  outbreak  of  the  civil  war  until  just  before  its  close  he  was  at  his 
post,  always  alert,  always  patriotic,  so  loyal  and  efficient  in  support  of  the  ad- 
ministration that  his  determination  to  return  to  private  life  was  received  with 
universal  regret.  He  had  before  this  entered  upon  his  first  great  literary  work, 
"The  History  of  Abraham  Lincoln  and  the  Overthrow^  of  Slavery  in  the  United 
States,"  and,  as  his  residence  in  Washington  afforded  him  more  ready  access  to 
documents  which  it  was  necessary  for  him  to  consult  for  its  completion,  he 
accepted  the  appointment,  from  President  Johnson,  of  auditor  of  the  treasury 
for  the  post-office  department,  which  he  resigned  in  1867;  but  this  work,  which 
holds  a  high  place  among  the  many  which  have  been  written  on  the  same  event- 
ful period  of  our  history,  was  not  completed  until  after  his  return  to  Chicago. 
Here  he  resumed  the  practice  of  his  profession,  but  devoted  himself  to  literature 
and  to  historical  research  as  opportunity  was  afforded.  He  wrote  a  number 
of  interesting  and  valuable  historical  sketches  and  took  an  active  interest  in  the 
formation  of  the  Chicago  Historical  Society,  of  which  he  gave  a  history  in  an 
address  delivered  upon  the  occasion  of  the  opening  of  its  first  hall,  in  1868,  and 


558  THE  BENCH  AND  BAR  OF  ILLINOIS. 

of  which  he  became  president  by  election  December  19,  1876.  In  1880  Mr. 
Arnold  published  his  work,  the  "Life  of  Benedict  Arnold:  His  Patriotism  and 
His  Treason."  His  work  on  Lincoln  and  the  extinction  of  slavery  never  quite 
satisfied  his  own  critical  judgment,  and  about  two  years  before  his  death  he 
began  to  write  the  "Life  of  Abraham  Lincoln,"  his  latest  work,  and  the  one  on 
which  his  reputation  as  a  biographer  and  historian  will  mainly  rest. 

His  day  of  life  w^as  waning,  but  he  awaited  the  night  with  the  calmness  of 
a  man  who  tried  to  do  his  duty,  trusts  in  God,  and  fears  no  future.  On  his 
seventieth  birthday  he  wrote:  "Three  score  and  ten!  Death  must  be  at  no  great 
distance.  I  wish  to  live  only  so  long  as  I  may  be  to  some  extent  useful,  and  not 
w-hen  I  shall  be  a  burden.  May  my  remaining  days  be  useful  and  innocent." 
He  was  in  religion  a  communicant  of  the  Protestant  Episcopal  church,  and  was 
for  many  years  a  vestryman  of  St.  James*  church,  Chicago. 

He  was  twice  married.  His  first  wife  was  Catherine  E.  Dorrance  of  Pitts- 
field,  Massachusetts,  who  died  October  20,  1839,  leaving  one  son,  who  died 
.about  five  years  later.  August  4,  1841,  he  married  Harriet  Augusta  Dorrance, 
a  sister  of  his  first  wife,  who  bore  him  nine  children.  Mr.  Arnold's  death  oc- 
curred on  the  24th  of  April,  1884. 

Thomas  Hoyne. — The  parents  of  Thomas  Hoyne  were  Patrick  and  Eleanor 
M.  Hoyne,  who  were  obliged  to  leave  Ireland  about  181 5  because  of  difficulties 
in  which  Patrick  Hoyne  became  involved  with  the  British  government,  on  ac- 
count of  his  advanced  political  ideas  and  the  unguarded  manner  in  which  he 
advocated  them.  They  found  an  asylum  in  the  city  of  New  York,  and  there 
Thomas  Hoyne  was  born,  February  11,  1817.  He  achieved  his  early  education 
at  a  Catholic  school  attached  to  St.  Peter's  church,  and  was  left  an  orphan  at  a 
tender  age.  Before  the  latter  affliction  fell  upon  him  he  became  an  apprentice 
to  a  manufacturer,  and  in  that  capacity  worked  for  four  or  five  years  in  his  native 
city.  As  a  boy  he  manifested  a  strong  desire  for  knowledge,  and  during  his 
apprenticeship  joined  what  was  known  as  the  Literary  Association,  the  mem- 
bership of  which  included  several  persons  who  afterward  distinguished  them- 
selves in  the  literary  or  political  world.  It  was  with  men  of  this  class  that  he 
early  came  in  contact,  and  by  the  brightness  of  whose  intellects  he  was  impressed 
and  inspired.  In  that  old  literary  society  Mr.  Hoyne  made  his  debut  as  a  debator 
and  acquired  the  rare  art  of  charming  oratory.  As  an  apprentice  he  attended 
two  night  schools,  in  one  of  which  he  made  a  special  study  of  English  grammar 
and  elocution,  in  the  other  giving  particular  attention  to  the  classics  and  acquiring 
a  fair  knowledge  of  Greek  and  Latin. 

In  1835  young  Hoyne  accepted  a  clerkship  in  a  large  jobbing  house  in 
order  to  earn  money  to  pay  his  educational  expenses.  In  1836  he  began  the 
study  of  law  in  the  office  of  Hon.  John  Brinkerhoff,  and  late  in  1837  came  to 
Chicago  to  join  his  old  and  esteemed  friend,  Judge  Manierre,  who  had  come 
two  years  earlier  and  w^as  filling  the  office  of  clerk  of  the  circuit,  and  who  soon 
made  a  place  for  Mr.  Hoyne  in  his  office.  In  his  spare  hours  he  devoted  him- 
self to  study,  giving  particular  attention  to  Latin  and  French,  and  for  two  years 
'was  an  active  participant  in  the  meetings  of  a  literary  society.     In  the  autumn 


THE  BENCH  AND  BAR  OF  H^LINOIS,  559 

of  1838  he  took  charge  of  a  public  school  near  the  northwest  corner  of  West 
Lake  and  North  Canal  streets,  but  when,  after  four  months,  he  found  that  the 
duties  of  this  position  interfered  with  his  law  studies,  he  relinquished  them  and 
entered  the  law  office  of  J.  Young  Scammon.  It  was  as  a  teacher  that  he  first 
met  John  Wentworth,  then  a  school  inspector.  Mr.  Scammon  liked  young 
Hoyne  and  became  his  friend  and  patron. 

Mr.  Hoyne  was  admitted  to  the  bar  late  in  the  fall  of  1839^  and  from  that 
time  until  his  death,  except  during  a  little  more  than  two  years  spent  at  Galena, 
he  practiced  his  profession  in  Chicago,  making  a  brilliant  record  at  the  Cook 
county  bar  and  appearing  often  before  the  supreme  court  of  Illinois  and  the 
United  States  supreme  court.  He  early  associated  himself  with  Benjamin  F. 
Ayer.  In  January,  1864,  Oliver  H.  Horton  entered  the  partnership,  of  which 
Thomas  M.  Hoyne  also  became  a  member.  In  1840  the  Democrats  elected 
Alexander  Lloyd  mayor  and  Thomas  Hoyne  city  clerk.  In  1841  he  wrote  the 
memorial  which  was  presented  to  congress  asking  for  increased  appropriations 
for  the  improvement  of  the  Chicago  harbor. 

After  his  return  from  Galena  he  was  elected  probate  justice  of  the  peace  and 
held  that  position  until  the  court  was  abolished,  in  1848,  and  succeeded  by  the 
office  of  county  judge.  He  was  an  earnest  advocate  of  the  Mexican  war,  but  on 
the  passage  of  the  Wilmot  proviso,  prohibiting  the  extension  of  slavery  in  any 
territory  acquired  from  Mexico  at  the  close  of  the  war,  he  became  what  was 
then  known  as  a  "Free  Soiler."  In  1848  he  was  a  presidential  elector^  and 
stumped  the  northern  half  of  Illinois  in  support  of  Van  Buren  and  Adams.  An 
able  address  to  the  people  which,  as'  chairman  of  an  important  political  com- 
mittee, he  wrote  and  issued  that  year,  was  **a  bold,  manly  and  vigorous  protest 
against  the  further  encroachments  of  slavery  and  was  designed  to  affect  the 
opinion  of  the  Democratic  masses  of  the  state."  While  he  continued  his  oppo- 
sition to  the  extension  of  slavery,  Mr.  Hoyne  did  not  break  entirely  away  from 
the  Democratic  party,  and  in  1853  received  from  President  Pierce  the  appoint- 
ment of  United  States  district  attorney  for  Illinois,  which  was  greatly  beneficial 
to  him  in  a  professional  way.  He  sided  with  Judge  Douglas  on  the  Kansas- 
Nebraska  bill  and  the  Missouri  Compromise  repeal  bill,  and  took  an  active  part, 
as  a  Democratic  orator,  in  the  presidential  campaign  of  1856.  In  1858  he  ad- 
vocated the  admission  of  Kansas  under  the  Lecompton  constitution.  In  1859 
Mr.  Hoyne  was  prevailed  upon  by  Judge  Drummond  and  others  to  accept  the 
position  of  United  States  marshal,  and  entered  upon  its  duties  in  April,  that  year. 
In  i860  he  superintended  the  census  for  the  northern  district  of  Illinois.  During 
the  civil  war  his  patriotism  was  intense,  and  no  man  in  Chicago  was  more  earnest 
in  trying  to  save  the  Union.  He  was  a  very  active  member  of  the  Union  defense 
committee,  and  wrote  its  historical  appeal  to  the  people  of  this  state.  He  was 
a  member  of  the  committee  that  visited  Lincoln  to  urge  a  campaign  down  the 
Mississippi  river  in  1862.  During  the  long  and  trying  period  of  civil  strife  every 
emanation  from  his  pen  or  tongue  had  the  thrilling  ring  of  a  devoted  lover  of  his 
country.  When  the  remains  of  Illinois'  martyr  president  were  being  borne  from 
Washington  to  Springfield  Mr.  Hoyne  was  one  of  the  committee  of  escort  from 


56o  THE  BENCH  AND  BAR  OF  ILLINOIS. 

this  state.  After  I  lie  war  he  sided  with  President  Johnson  against  congress,  and 
was  a  delegate  to  the  "Conservative  convention,"  held  at  Philadelphia  in  August, 
1866.  In  1870  he  was  nominated  by  acclamation  for  congress  in  the  Chicago 
district,  but  declined  to  run.  Mr.  Hoyne  supported  Horace  Greeley  for  the 
presidency  in  1872,  and  was  an  elector  that  year  in  the  first  district.  Two  years 
later  he  acted  with  the  opposition,  so  called,  and  aided  in  draw-ing  up  the  call  of 
the  Democratic  state  committee,  issued  in  this  city  and  embodying  a  specie 
plank,  free  commerce,  civil  rights,  and  other  issues. 

July  9,  1875,  Mr.  Hoyne  delivered  an  address  before  the  JeflFersonian  Club 
of  Chicago,  of  which  he  was  the  president,  in  which  he  took  the  ground  that 
"there  is  sufiftcient  vital  moral  force  and  patriotism  in  the  people  to  save  their 
free  institutions''  and  denounced  the  tendency  to  corruption  among  the  politi- 
cians of  the  day  and  clearly  announced  his  own  political  tenets  as  exemplifying 
the  spirit  of  the  club  in  whose  interest  he  was  speaking.  As  an  enemy  of  cor- 
ruptionists  and  a  leader  in  the  work  of  their  discomfiture  he  was  brought  out 
as  a  candidate  for  mayor  in  the  spring  of  1876,  and  was  triumphantly  elected  by 
a  majority  of  over  thirty-three  thousand,  the  largest  to  that  time  ever  given  a 
municipal  chief  magistrate  in  Chicago.  Mayor  Colvin  contested  the  legality  of 
the  election,  and  appealed  to  the  courts.  The  circuit  court,  which  really  has 
no  jurisdiction  in  the  case,  decided  by  a  vote  of  three  to  two  that  the  election  was 
illegal.  Mr.  Hoyne  could,  with  every  prospect  of  success,  have  appealed  to  the 
supreme  court  but  as  his  object  was  to  cleanse  the  city  of  corruption,  and  not 
to  secure  honor  or  place  for  himself,  and  as  the  administration  in  power  agreed 
to  resign  if  another  election  were  permitted  without  appeal,  Mr.  Hoyne,  for 
the  sake  of  the  public  good,  assented,  and,  refusing  to  again  be  a  candidate  for 
the  mayoralty,  encouraged  the  election  of  Monroe  Heath  in  his  stead.  He  never 
afterward  consented  to  be  even  considered  in  connection  with  any  political 
office,  but  was  to  the  end  of  his  life  Chicago's  devoted  and  steadfast  friend. 

In  1859  Mr.  Hoyne  subscribed  five  thousand  dollars  for  the  endowment  of 
a  chair  of  international  and  constitutional  law  in  the  University  of  Chicago, 
of  which  he  was  for  years  the  friend  and  adviser  and  which,  in  1862,  conferred 
upon  him  the  degree  of  LL.  D.  To  Mr.  Hoyne  also  belongs  the  credit  of  se- 
curing the  great  Lalande  prize  telescope  for  the  university,  and  he  was  elected 
the  first  secretary  of  the  Chicago  Astronomical  Society.  He  was  a  life  mem- 
ber of  the  Mechanics'  Institute,  the  Academy  of  Sciences  and  the  Chicago  His- 
torical Society.  He  was  one  of  the  most  active  in  founding  and  fostering  the 
Chicago  free  public  library,  of  which  he  wrote  an  interesting  historical  sketch 
in  1877,  and  w^as  also  one  of  the  originators  of  the  Chicago  Bar  Association  anH 
was  its  vice-president  in  1874  and  a  member  of  its  committee  on  legal  education 
in  1875.  An  address  entitled  'The  Lawyer  as  a  Pioneer,"  which  contained 
sketches  of  the  early  Illinois  and  Chicago  bar  (1837-40),  was  left  by  Mr.  Ho}Tie 
and  was  published  in  book  form.  In  June,  1873,  when  the  University  of  Chi- 
cago and  the  Northwestern  University  formed  the  Union  College  of  Law,  Mr. 
Ilovne  w^as  chairman  of  the  board  of  trustees  in  behalf  of  the  University  of 


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CHAPTER  XXX. 

REPRESENTATIVE    LAWYERS    OF    ROCK    ISLAND,     CHRISTIAN,     CLAY, 

FRANKLIN   AND   MACON   COUNTIES. 

HON.  IRA  OTWAY  WILKINSON,  a  descendant  of  the  Wilkinson  and 
Ellis  families  of  Virginia,  was  born  at  Pittsylvania  Court  House,  Pittsyl- 
vania county,  Virginia,  August  ii,  1820,  and  died  of  heart  disease,  at 
Jacksonville,  Illinois,  August  24,  1894;   he  was  never  married. 

The  mother  died  a  few  months  subsequent  to  his  birth  and  the  child  re- 
mained with  his  Grandfather  Ellis  about  two  years  and  a  half,  when  his  father, 
Otway  Wilkinson,  moved  to  Hopkinsville,  Kentucky,  and  remarried.  Fourteen 
years  afterward  his  father  and  family  removed  to  Jacksonville,  Illinois,  where 
he  continued  to  reside  for  the  remainder  of  his  life.  Since  Judge  Wilkinson's 
decease  the  only  survivor  of  his  father's  family  is  his  sister,  Mrs.  Margaret  W. 
Rockwell,  who  lives  in  the  old  family  homestead,  at  Jacksonville,  and  who  has 
kindly  furnished  the  foregoing  particulars  for  publication. 

Judge  Wilkinson's  father  was  a  near  relative  of  General  Wilkinson,  U.  S.  A., 
who,  during  President  Jefferson's  administration,  was  connected  with  the  arrest 
and  trial  of  Aaron  Burr.  His  maternal  grandfather  w^as  Rev.  Ira  Ellis,  who 
was  bom  in  Sussex  county,  Virginia,  in  1761;  was  licensed  to  preach  by  Bishop 
Francis  Asbury,  and  was  a  member  of  the  celebrated  Christian  conference,  held 
at  Baltimore,  in  1784,  that  organized  the  Methodist  Episcopal  church  of  America. 
He  filled  the  most  important  circuits,  stations  and  districts  of  that  day,  in  Vir- 
ginia, Delaware,  Philadelphia,  and  Charleston,  South  Carolina.  Bishop  As- 
bury in  his  Journal  (Volume  III,  page  180)  says:  *'I  desire  to  render  all  their 
due.  Ira  Ellis  is  a  man  of  quick  and  solid  parts.  I  have  often  thought  that  had 
fortune  given  him  the  same  advantages  of  education  he  would  have  displayed 
abilities  not  inferior  to  a  Jefferson  or  a  Madison.  But  he  has  in  an  eminent  degree 
something  better  than  learning — he  has  undissembled  sincerity,  great  modesty 
and  uncommon  power  of  reasoning,"  etc.  Rev.  Ira  Ellis  married  Mary  Mason 
(nee  Macklin),  widow  of  John  Mason,  in  1795,  and  had  by  her  three  children, — 
Nicholas,  Ira  Irwin  and  Fanny  Macklin  Ellis,  the  last  named  being  the  mother  oi 
Ira  O.  Wilkinson. 

While  resident  at  Hopkinsville,  Kentucky,  he  acquired  the  elements  of  a 
common-school  education,  and  upon  the  family  removal  to  Jacksonville  he  was 
placed  at  a  select  school,  in  charge  of  Rev.  Horace  Spaulding,  and  there  carefully 
instructed  and  prepared  for  entering  Illinois  College  as  a  sophomore,  graduating 
at  the  college  in  due  course,  cum  laude.  His  classical  training  and  natural  apti- 
tude for  thorough  investigation  as  well  as  mental  habitude  for  profound  study — 
and  perhaps  in  a  measure  his  admiration  of  the  reputation  and  high  standing  of 

563 


I 

564  THE  BENCH  AND  BAR  OF  HXINOIS, 

many  eminent  members  of  the  Illinois  bar  at  that  time — led  him  to  adopt  the 
practice  of  law  as  his  profession.  Under  the  tutelage  of  that  able  and  accom- 
plished jurist.  Judge  William  Thomas,  of  Jacksonville,  he  became  more  than 
ordinarily  well  prepared,  theoretically  and  practically,  to  enter  upon  the  profes- 
sion; so  much  so  that  his  thorough  preparation  gave  promise  of  early  distinction 
and  success,  and  his  proficiency  was  the  subject  of  special  commendation  by  his 
learned  instructor. 

Upon  his  admission  to  the  bar,  in  the  early  '40s,  his  first  law  partnership 
was  entered  into  with  the  Hon.  Richard  Yates,  afterward  governor  of  Illinois, 
and  they  were  so  associated  for  some  years.  Desirous  of  "growing  up  with  the 
country"  in  a  nearer  field  of  operation,  one  less  preoccupied  by  lawyers  already 
renowned  in  the  profession,  and  as  affording  more  immediate  advantages  to  a 
young  practitioner,  the  partnership  was  dissolved  in  1845  ^"^'  ^^^^^  visiting 
different  localities  in  Illinois  and  Missouri,  he  selected  Rock  Island  as  his  future 
home  and  opened  an  office.  His  reputation  as  an  able  and  well  read  lawyer 
steadily  grew  in  public  estimation  from  this  time  on,  and,  in  1846,  among  his 
early  cases,  was  the  widely  celebrated  trial  of  the  murderers  of  Colonel  Daven- 
port, United  States  agent  stationed  on  the  island  of  Rock  Island,  in  which  he 
was  senior  counsel  for  the  defendants.  The  result  of  that  trial  and  of  his  mani- 
fest skill  and  ability  in  conducting  the  defense  gave  him  at  once  extended  repu- 
tation among  the  citizens  of  the  state,  established  and  made  known  his  legal 
talent, — perlucidum  ingenium  juridicum, — and  from  thenceforward  to  the  close 
of  his  life  his  legal  practice  was  always  large  and  remunerative. 

In  1847  he  was  elected  probate  justice  of  Rock  Island  county,  and  in  1849 
judge  of  the  circuit  court.  In  1861  he  was  elected  to  the  bench  a  second  time, 
serving  until  1867.  During  the  interval  of  service  as  circuit  judge  he  formed  a 
partnership  with  Hon.  George  W.  Pleasants,  who  was  subsequently,  and  for 
many  years,  one  of  the  judges  of  the  appellate  court  of  this  state,  and  who,  as 
such,  achieved  distinguished  reputation.  Declining  a  third  term,  Judge  Wilkin- 
son located  in  Chicago  and  resumed  his  law  practice.  His  law^  library,  one  of 
the  largest  and  choicest  private  libraries  in  the  state,  was  totally  lost  in  the 
great  Chicago  fire,  but  with  unremitting  exertion  it  was  subsequently  replaced  by 
another,  substantially  as  extensive  and  valuable.  During  the  administration  of 
President  Johnson  it  was  understood  he  was  offered  the  position  of  United  States 
district  judge,  but  preferably  remained  a  practitioner  in  private  life  rather  than 
again  enter  upon  the  duties  of  a  judgeship.  Few  persons,  indeed,  of  his  in- 
fluence in  the  political  arena  and  reputation  as  judge  have  so  resolutely  and 
persistently  refused  to  accept  proffered  political  and  judicial  honors.  In  1881 
he  returned  to  Rock  Island  and  entered  into  partnership  with  J.  T.  Kenw^orthy. 
Esq.,  and  Major  J.  M.  Beardslcy,  which  association  continued  until  1885;  from 
that  time  until  compelled,  by  his  last  and  fatal  illness,  to  desist,  he  practiced  law 

by  himself. 

The  life  work  of  Judge  Wilkinson  as  lawyer  and  jurist  was  successful  to  an 
extent  not  commonly  attained  among  the  members  of  the  profession.  He 
was  aptly  and  fully  qualified,  both  mentally  and  by  profound  study,  not  only  in 


THE  BENCH  AND  BAR  OF  ILLINOIS.  565 

preparation  and  trial  of  cases  at  bar  and  legal  argument  addressed  to  the  court, 
but  also  for  the  adjudication  of  the  broader  and  more  intricate  questions  of 
equity  jurisprudence.  Using  the  term  in  its  legal  sense,  his  pleas  at  common  law 
were  clearly  and  critically  exact,  exemplifying,  in  the  language  of  Chitty,  cer- 
tainty combined  with  brevity  and  precision.  Characteristically,  both  as  attorney 
and  as  judge,  his  mental  attributes  and  legal  attainments  were  of  a  high  order, — 
deliberate,  firm,  sound  of  judgment,  patient  and  laborious  in  investigation,  of 
clear  and  penetrating  perception,  and,  above  all,  possessed  of  a  mind  intuitively 
and  pre-eminently  of  judicial  cast.  His  addresses  to  the  jury — never  ornate  or 
grandiloquent,  but  clothed  in  plain  yet  appropriate  forms  of  speech — were  re- 
markable for  force,  order  and  skill  in  presenting  or  reviewing  the  evidence  ad- 
duced, and  in  bringing  out  intelligently,  and  broadly  setting  forth  the  paramount 
and  governing  facts  arid  principles  upon  which  the  questions  at  issue  should  be 
determined  and  decided.  On  the  bench  few  nisi-prius  judges  have  with  equal 
ability  in  the  trial  of  causes,  and  to  the  same  extent,  disassociated  from  their 
own  preferences  and  judgment  the  personality  of  the  attorneys  and  parties  to 
the  suit,  and  impartially  heard  and  determined  a  cause  upon  its  real  merits  as 
shown  by  the  evidence  and  the  law  of  the  case. 

As  lawyer  and  judge  a  biographical  sketch  of  the  life  and  services  of  Judge 
Wilkinson  may  befittingly  find  a  page  in  the  annals  of  the  Illinois  bar.  Among 
the  large  number  whose  learning  and  professional  life  have  contributed  to  the 
enduring  fame  and  unquestioned  eminence  of  the  several  courts  of  the  state, 
few  have  surpassed  Judge  Wilkinson  at  the  bar,  and  fewer  still  (if  any)  have 
excelled  his  ripe  legal  scholarship,  his  broad  and  comprehensive  knowledge  of 
equity  jurisprudence,  and  his  successful  chancery  practice. 

Aside  from  books  pertaining  to  the  profession,  may  be  instanced  the  number 
and  variety  of  literary  and  scientific  works  to  be  found  in  his  private  library, 
attesting  not  only  the  impress  and  influence  of  his  early  scholastic  discipline, 
but  a  love  of  study  in  general,  and  a  mentality  which  delighted  in  abstruse  re- 
search, even  to  the  most  occult  limits  of  philosophy  and  science.     As  of  many 
other  professional  men  illustrious  on  the  roll  of  honor,  so  of  him  it  may  be 
happily  said  that  "in  conversation  he  was  a  ready  man,  in  reading  a  full  man, 
and  in  thinking  a  great  man."     His  personal  traits  in  some  particulars  were 
sui  generis.    Among  the  personal  friends  with  whom  he  held  social  intercourse 
he  was  affable  and  engaging,  unaffected  and  courteous,  to  all  who  approached 
him  attentive  and  obliging, — his  friendship  was  sincere  and  lasting;   conversely, 
beyond  a  doubt  he  was  a  good  hater  of  shams  and  fads,  and  in  cases  which  merited 
it  a  satirist  seldom  rivaled.    In  affairs  of  state  and  national  policy  he  was  public- 
spirited,  patriotic  and  a  wise  and  experienced  counselor  in  measures  affecting 
public  welfare.    To  his  advice  and  assistance,  both  as  a  citizen  and  city  attorney, 
Rock  Island  in  particular  is  indebted  for  much  that  pertains  to  its  progress  ^nd 
prosperity.     The  benefactions  to  the  needy  and  deserving  from  his  private  re- 
sources were  generous,  liberal,  and  made  without  ostentation;   many  a  grateful 
heart  was  gladdened  thereby;    and  professionally,  many  a  young  attorney  has 
been  assisted  and  advanced  in  his  legal  labors  by  the  Judge's  kindly  advice,  the 


566  THE  BENCH  AND  BAR  OF  ILLINOIS. 

free  use  of  his  library,  and  his  practical  assistance — that,  too,  without  hope  or 
expectation  in  return  of  fee  or  reward. 

His  inanimate  remains  lie  entombed  in  the  silent  city  of  the  dead;  his  spirit 
has  returned  to  God  who  gave  it;  his  memory  still  survives.  His  name  and  fame 
are  an  enduring  legacy  to  the  city  of  Rock  Island  and  to  the  bar  of  Illinois. 
As  was  said  in  eulogy  of  the  illustrious  Webster,  so  let  it  be  said  in  remembrance 
of  Ira  Otway  Wilkinson: 

"Though  cold  in  death  his  perished  frame  may  lie, 
The  spirit  that  once  warmed  it  can  never  die." 

John  Thomas  Kenworthy,  the  subject  of  this  sketch,  was  born  in  Andalusia, 
Rock  Island  county,  Illinois,  October  24,  1846.  His  ancestors  were  Anglo-Saxon 
in  descent.  His  father,  Samuel  Kenworthy,  and  mother  Sarah  M,  Kenworthy, 
nee  Eby,  resided  for  the  greater  portion  of  their  lives  at  Andalusia  and  were 
among  the  most  reputable  and  well-to-do  citizens  of  that  town.  His  father's 
occupation  was  that  of  miller  and  merchant;  he  was  also  one  of  the  Argonauts 
who  sought  a  Golden  Fleece  in  California  in  1849.  Though  moderately  success- 
ful in  his  search  for  gold  he  preferred  the  life  of  his  early  home,  and,  leaving 
behind  him  the  golden  fields  of  the  Pacific  shores,  he  returned  to  Andalusia, 
where  he  continued  to  reside  until  his  decease. 

The  son,  John  T.,  attended  the  common  schools  of  his  native  town  until 
the  age  of  fourteen,  and  by  that  time  was  regarded  as  fully  instructed  in  the 
"three  R's"  and  graduated  in  school  with  some  distinction  in  that  grade.  Trans- 
ferred from  the  common  school  to  an  academy,  his  further  studies  were  pursued 
as  preparatory  to  a  due  course  in  college,  but  before  completing  the  full  course 
his  patriotism  and  youthful  ardor,  like  that  of  thousands  of  bright  young  students 
of  that  day,  led  him  to  discontinue  collegiate  preparation  and  enlist  in  the  ranks 
of  the  Union  army.  He  entered  as  a  private  in  Company  G,  One  Hundred 
and  Forty-Sixth  Illinois  Volunteers,  and  continued  in  service  until  mustered  out 
at  the  close  of  the  war.  Though  the  ardor  of  youth  may  have  somewhat  abated, 
the  fire  of  patriotism  in  his  breast  still  glows  with  undiminished  force,  and  his 
country's  honor  has  no  warmer  or  more  valiant  defender. 

His  collegiate  course  was  never  completed,  but  a  taste  for  classical  study 
has  ahvays  been  a  favorite  pursuit  in  his  leisure  hours,  and  his  knowledge  of 
metaphysical,  psychological  and  historical  works, — the  result  of  student  life  and 
consumption  of  midnight  oil, — are  prominent  characteristics  and  personal  at- 
tainments, which  in  a  large  measure  have  supplied  the  lack  of  collegiate  instruc- 
tion and  have  made  him^  in  an  uncommon  degree,  a  well  read  man  and  an 
intelligent  student  in  a  wide  field  of  research,  both  scientific  and  literary. 

Though  descended  from  a  Presbyterian  family  on  both  the  paternal  and 
maternal  sides,  his  own  religious  views  have  never  led  him  to  become  a  member 
of  any  denominational  church.  Among  societies  of  a  secret  and  fraternal  char- 
acter he  has  been  distinctively  prominent,  being  both  a  Knight  of  Pythias  and 
an  Odd  Fellow.  In  politics,  born  and  reared  a  Democrat,  he  has  never  for- 
saken the  faith  of  his  forefathers.    In  early  manhood  he  was  elected  to  fill  cer- 


THE  BENCH  AND  BAR  OF  ILLINOIS.  567 

tain  town  offices,  and  for  some  years  was  a  county  supervisor,  yet  his  natural 
inclination  was  always  averse  to  engaging  in  political  contests  and  office-seek- 
ing, both  of  which,  later  in  life,  he  has  studiously  avoided,  and  with  unremitting 
constancy  has  devoted  his  attention  and  energies  to  the  work  of  a  legal  practi- 
tioner at  the  bar. 

May  ig,  1870,  he.  was  married,  at  Andalusia,  to  Miss  Clara  E.  Wells, 
daughter  of  Rinnah  Wells,  Esq.  They  have  three  children:  Charlotte  F.,  born 
September  9,  1871,  now  a  teacher  in  the  Rock  Island  public  schools;  Samuel 
R.,  born  October  14,  1873,  "ow  a  lawyer  of  the  Rock  Island  county  bar;  Clara 
E.,  born  June  7,  1884,  now  attending  the  Rock  Island  high  school. 

The  Kenworthy  family  first  settled  in  Rock  Island  county,  Illinois,  in  1838; 
the  Wells  family  in  1835.  John  T.  Kenworthy  and  wife  are  both  members  of 
Rock  Island  County  Old  Settlers'  Society. 

Subsequent  to  the  w^ar  of  186 1-5  he  read  law  in  the  office  of  Hon.  George 
W.  Pleasants,  of  Rock  Island,  and  in  1869  was  admitted  to  the  bar  and  opened 
a  law  office  in  the  city  of  Rock  Island.  In  1870  he  formed  a  law  partnership 
with  Major  James  M.  Beardsley,  also  a  soldier  in  the  Union  army,  which  con- 
tinued as  Kenworthy  &  Beardsley  until  1880,  when  Judge  I.  O.  Wilkinson 
joined  the  firm  and  remained  so  associated  until  1885.  The  firm  was  then  dis- 
solved, since  w'hich  he  has  remained  in  law  practice  without  partnership. 

In  his  legal  career,  it  may  of  a  verity,  and  without  reserve,  be  said  that 
John  T.  Kenworthy  has  reached  eminence  and  distinction^ — has  achieved  much 
more  than  ordinary  success  at  the  bar.  Being  now  in  the  prime  of  life  and  in  full 
vigor  of  intellect,  there  lie  before  him  in  the  future  the  vista  of  still  greater 
attainments  and  the  fullness  of  well  rounded,  well  merited  professional  distinc- 
tion. With  few  equals  in  the  niceties  and  perfection  of  pleading  and  the  manage- 
ment of  cases  at  the  bar,  his  reputation  as  a  lawyer  of  assiduous  and  careful  prep- 
aration, of  skill  and  undoubted  ability,  commands  the  attention  and  respect  not 
only  of  nisi-prius  courts  but  of  the  appellate  and  supreme  courts  of  the  state  of 
Illinois. 

A  public-spirited  citizen,  possessed  of  broad  and  liberal  views  upon  ques- 
tions relating  to  and  of  interest  to  the  common  weal,  with  sound  and  equable 
judgment,  a  kind  neighbor  and  a  sincere  friend,  a  judicious  counselor  and  a 
recognized  able  jurist, — his  standing  in  the  community  worthily  becomes  the 
man^  and  his  name  is  honorably  associated  among  the  prominent  members  of 
the  Illinois  bar. 

William  McEniry  is  of  Celtic  origin,  and  his  parents  were  natives  of  county 
Cork,  Ireland.  The  father,  William  McEniry,  Sr.,  came  to  America  in  1841 
and  located  in  Moline,  then  a  small  village  of  Rock  Island  county,  IlHnois,  where 
he  remained  for  five  years.  In  1846  he  returned  to  his  native  land  and  married 
Elizabeth  Caughlin,  with  whom  he  returned  the  following  year  to  Moline.  There 
he  engaged  in  the  manufacture  of  brick  until  1852,  when  he  purchased  a  farm 
in  Zuma  township.  Rock  Island  county,  upon  which  he  made  his  home  until  his 
death,  in  1874.    His  widow  still  survives  him. 

Their  son,  William  McEniry,  the  well  know^n  lawyer  and  statesman  of  Rock 


T 


S68  THE  BENCH  AND  BAR  OF  ILLINOIS, 

Island,  was  born  at  the  parental  home  in  Ziima  township,  May  9,  i860,  and  be- 
tween the  ages  of  six  and  seventeen  years  pursued  his  education  in  the  district 
schools  of  the  neighborhood,  where  he  acquired  a  good  fundamental  knowledge 
to  serve  as  a  foundation  upon  which  to  rear  the  superstructure  of  a  splendid 
scientific  and  law  education.  In  1877  ^^  entered  St.  John's  Commercial  College, 
of  Prairie  du  Chien,  Wisconsin,  where  he  remained  for  a  year.  In  1878  he 
matriculated  at  the  University  of  Notre  Dame,  of  Indiana,  and,  having  com- 
pleted the  scientific  course,  was  graduated  with  the  class  of  1883.  ^^  ^^^^  same 
year  he  became  a  student  in  the  law  department  of  the  University  of  Michigan, 
at  Ann  Arbor,  where  he  was  graduated  with  the  class  of  1885.  Another  year  of 
continued  application  and  hard  study  in  the  of!ice  of  William  Jackson,  of  the 
Rock  Island  bar,  followed  his  graduation  at  Ann  Arbor,  and  in  1886  he  was 
licensed  to  practice  and  opened  an  office  in  the  city  where  he  yet  makes  his  home, 
— Rock  Island,  Illinois. 

In  April,  1887,  Mr.  McEniry  was  elected  city  attorney  of  Rock  Island  for  a 
term  of  two  years,  and  discharged  the  duties  of  the  office  with  decided  skill  and 
ability,  greatly  to  the  satisfaction  of  Mayor  V.  M.  Blanding  and  the  council,  and 
to  the  manifest  satisfaction  of  the  general  public.  Since  that  time  his  legal 
reputation  and  business  success  have  been  constantly  augmented  and  increased, 
and  a  large  clientage  attests  the  masterful  manner  in  which  he  handles  important 
litigation  in  the  courts. 

On  the  15th  of  October,  1890,  was  celebrated  the  marriage  of  Mr.  McEniry 
and  Miss  Alice  Cleary  of  New  Orleans,  Louisiana,  daughter  of  John  Cleary, 
w^ho  for  the  past  forty  years  has  been  one  of  the  most  successful  levee  contractors 
of  that  state.  Mr.  and  Mrs.  McEniry  have  four  children:  John,  Elizabeth,  Wil- 
liam and  Katharine,  the  eldest  born  July  20,  1891,  the  youngest  September  5, 
1897.  Both  the  McEniry  and  Cleary  families  possess  a  well  earned  and  ample 
competence,  and  are  highly  esteemed  in  a  wide  circle  of  acquaintances,  both 
north  and  south.  Both  have  also  been  long  identified  with  the  Democratic 
party,  and  in  the  field  of  politics  the  subject  of  this  sketch  has  achieved  a  success 
which  makes  his  friends  predict  for  him  still  greater  honors  in  that  line. 

In  November,  1896,  he  was  elected  a  member  of  the  Illinois  house  of  repre- 
sentatives and  was  made  a  member  of  the  appropriation  and  judiciary  committees. 
Through  his  personal  exertions  before  the  former  committee  and  in  the  house  he 
became  a  potential  factor  in  securing  the  location  of  the  State  Western  Hospital, 
at  Watertown,  Rock  Island  county,  and  later,  as  a  member  of  the  same  com- 
mittee, he  was  signally  energetic  and  effective  in  advocating  and  securing  an 
appropriation  of  three  hundred  and  fifty  thousand  dollars  for  the  completion  of 
the  hospital  edifice  and  its  use  for  eleemosynary  purposes.  Among  other  legis- 
lative enactments  which  Mr.  McEniry  was  equally  instrumental  in  securing  may 
be  mentioned  the  well  known  Woodmen  bill,  which  enabled  the  order  of  Modern 
Woodmen  of  America  to  remove  their  main  office  from  Fulton,  Whiteside  coun- 
ty, Illinois,  to  Rock  Island:  also  the  passage  of  the  matron  bill  and  the  plumbers' 
bill.  Such  unusual  success,  seldom  attained  by  a  young  member  in  his  first 
legislative  term^  gave  Mr.  McEniry  unwonted  influence  and  standing  not  only 


THE  BENCH  AND  BAR  OF  ILLINOIS.  569 

in  the  house,  but  also  before  the  people  of  the  state.  As  a  representative  Demo- 
crat, his  strength  and  influence  were  widely  felt  within  the  precincts  of  the  party 
councils,  were  often  put  in  requisition,  energetically  exerted  and  seldom  sur- 
passed. Vigilant,  active  and  alert,  his  intuitive  perception  of  the  merits  of  any 
proposed  measure  and  a  clear  logical  view  of  the  situation  enabled  him  to  grasp 
securely  and  comprehensively  the  salient  points,  to  measure  the  strength  and 
force  of  the  opposition,  and  in  the  end  to  command  success.  These  attributes 
of  mentality  and  character  doubtless  contributed  much  to  his  becoming  one  of 
the  most  efficient  and  popular  members  of  the  fortieth  general  assembly  of  the 
state  of  Illinois. 

Mr.  McEniry  was  then  but  twenty-five  years  of  age.  Possessed  of  a  splen- 
did physique,  courteous  personality,  liberal  culture  and  a  classical  education, 
and  withal  endowed  with  more  than  average  inborn  gifts  of  eloquence,  his  friends 
regarded  him  even  then  as  a  young  man  of  more  than  ordinary  promise.  In- 
heriting from  his  father  perfervidum  ingenium  Hibernicum,  fervor  of  speech  and 
the  power  of  captivating  an  audience,  his  advance  in  public  life  has  been  rapid 
and  brilliant.  His  success  and  ability  as  a  member  of  the  Rock  Island  bar  has 
brought  him  in  pleno  grandu  repute  and  distinction  commensurate  with  his 
years  and  experience.  Agreeable  and  companionable  among  his  associates, 
generous  in  disposition,  of  high  culture  in  sentiment,  strong  and  forceful  in  his 
personal  convictions  and  persistent  of  purpose  few  among  the  rising  lawyers  of 
this  state  or  the  coming  representatives  of  the  people  in  the  near  future  enjoy 
more  well  merited  distinction  or  are  held  in  higher  public  estimation. 

Edward  D.  Sweeney,  of  Rock  Island,  Illinois,  was  born  at  Simsville,  on  the 
banks  of  the  Brandywine,  in  the  state  of  Delaware,  on  August  13,  1833.  From 
Delaware  he  removed  with  his  father  to  western  Pennsylvania,  in  1839.  He 
received  his  education  at  famous  old  Allegheny  College,  Meadville,  Pennsyl- 
vania, teaching  school  during  part  of  the  time  to  assist  in  defraying  his  college 
expenses. 

After  leaving  college  he  came  west,  first  stopping  at  Alton,  IlHnois,  in 
February,  1857,  and  from  there  going  to  Greene  county,  where  he  taught  school 
for  a  few  months.  Learning  of  better  inducements  at  Rock  Island,  he  came 
to  the  place  destined  to  be  the  scene  of  his  labors  and  future  home,  in  July^  1857, 
and  was  shortly  afterward  chosen  principal  of  its  second-ward  school.  While 
engaged  in  this  work  he  spent  his  spare  time  in  the  study  of  the  law  under  the 
direction  and  guidance  of  Hon.  George  W.  Pleasants,  for  many  years  and  until 
recently  judge  of  our  appellate  court,  and  in  August,  i860,  he  was  admitted  to 
the  bar  of  this  state.  He  at  once  begun  the  practice  of  his  profession,  in  which 
he  is  still  actively  engaged,  as  senior  member  of  the  well  known  firm  of  Sweeney 
&  Walker,  the  location  of  their  office,  in  the  city  of  Rock  Island,  being  still  on 
the  same  corner  where  Mr.  Sweeney  began  his  legal  career  thirty-eight  years 
ago.  They  enjoy  a  very  large  general  practice,  representing  many  important 
corporate  interests  in  that  vicinity,  and  for  over  twenty  years  have  been  division 
attorneys  for  the  St.  Louis  and  Rock  Island  division  of  the  Chicago,  Burlington 
and  Quincy  railroad. 


570  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Mr,  Sweeney  has  been  twice  married,  his  first  wife  being  formerly  Miss 
Harii(.-[  K.  Allen,  of  Greenfield,  Illinois,  to  whom  he  was  united  in  1862,  and 
who  bore  iiini  five  children,  two  of  whom  are  deceased;  those  living  are  Mrs. 
F.  S.  Ki'iififld,  of  Chicago:  Edward  A.  Sweeney  and  William  J.  Sweeney,  the 
latter  a  --uulent  in  his  senior  year  at  Cornell  College,  New  York.  Mrs.  Sweeney 
died  in  i8<^tj,  and  in  1894  he  was  united  in  marriage  with  Miss  Emma  Tunnell, 
his  present  wife. 

In  rtligion  Mr.  Sweeney  is  a  Methodist  and  a  regular  attendant  at  the  First 
Methodist  Episcopal  church,  in  Rock  Island,  to  which  he  is  much  attached. 
Through  his  efforts  and  means  he  has  done  much  in  aiding  and  upbuilding  the 
chr.rch  and  extending  its  influence. 

In  politics  he  has  always  been  a  steadfast  Republican. — one  of  those  who 
desire  no  offices  for  themselves,  but  strive  to  assist  others  and  work  always  for 
tile  success  of  the  party.  He  stands  high  in  the  councils  of  the  Republican 
party  in  his  part  of  the  state,  is  a  generous  contributor  to  the  party's  support, 
and  for  many  years,  during  political  campaigns,  has  done  effective  work  on  the 
stump  in  that  vicinity. 

Early  in  his  legal  career  Mr.  Sweeney  was  appointed  United  States  com- 
missioner in  the  district  including  his  county,  in  which  position  he  continued, 
performing  its  duties  acceptably  and  well,  until  the  abolishment  of  commis- 
sionerships  outside  of  the  larger  cities,  a  couple  of  years  ago.  For  over  thirty- 
three  years  he  has  been  an  Odd  Fellow,  belonging  to  Rock  Island  Lodge,  No.  18, 
where  he  regularly  attends  and  in  which  he  takes  much  pleasure  and  interest. 

As  an  orator  Mr,  Sweeney  takes  high  rank  among  people  of  his  section, 


THE  BENCH  AND  BAR  OF  ILLINOIS.  571 

Livingston  county,  New  York,  May  16,  1839.  At  the  age  of  five  years  he  accom- 
panied his  parents  on  their  removal  to  Nashville,  Washington  county,  Illinois, 
where  his  mother  died  in  1846,  and  his  father  soon  afterward.  The  Judge,  then 
a  young  lad,  went  to  St.  Louis,  where  he  resided  with  relatives  until  1853,  when 
he  became  a  resident  of  New  York  city.  It  was  there  that  he  served  an  apj)ren- 
ticeship  to  the  trade  of  a  brick  mason  and  plasterer,  and  at  the  age  of  nineteen 
he  returned  to  St.  Louis,  where  he  worked  as  a  journeyman  for  two  years.  On 
attaining  his  majority  he  went  to  the  Pacific  coast,  where  he  engaged  in  gold- 
mining,  but  Illinois  proved  a  more  attractive  field  of  labor  to  him  than  the  far 
west,  and  in  March,  1864^  he  purchased  a  large  farm  in  Clay  county,  Illinois. 
While  devoting  his  energies  to  the  labors  of  field  and  meadow  he  also  took  up 
the  study  of  law,  but  delayed  obtaining  his  license  to  practice  until  1872,  at 
which  time  he  opened  an  office  in  Louisville,  Illinois.  His  success  was  marked 
and  immediate.  Before  a  year  had  passed  his  clientage  rivaled  that  of  the  older 
practitioners  and  has  since  steadily  increased  in  volume  and  importance.  For 
twenty-six  years  he  has  been  a  member  of  the  Clay  county  bar,  where  his  efforts 
have  been  crowned  with  that  success  which  only  comes  through  capability  and 
merit.  He  is  thoroughly  informed  in  the  science  of  jurisprudence,  has  a  keen, 
analytical  mind  that  has  gained  him  marked  prestige  in  his  profession,  and  he 
has  been  retained  as  counsel  in  the  most  important  litigation  in  his  district.  His 
practice  has  also  extended  to  the  appellate  courts  and  he  has  won  many  notable 
forensic  victories  against  strong  opposing  counsel.  He  invariably  prepares  his 
cases  with  thoroughness  and  enters  the  court-room  ready  to  meet  every  pos- 
sible objection  of  his  opponents,  whether  it  concerns  the  law  bearing  on  the  case 
or  previous  judicial  decisions.  His  addresses,  either  to  the  court  or  jury,  are 
always  forcible  and  often  eloquent. 

The  political  career  of  Judge  HoflF  has  been  alike  able  and  honorable.  He 
has  always  been  an  earnest  advocate  of  Democratic  principles  and  has  delivered 
many  campaign  addresses  in  which  his  logical  arguments,  entertainingly  pre- 
sented, have  carried  conviction  to  the  minds  of  his  hearers.  During  the  presi- 
dential campaign  of  1896  he  published  the  Flora  Democrat,  which  he  made 
one  of  the  strongest  free-silver  papers  of  southern  Illinois.  He  is  tireless  in 
his  advocacy  of  Democratic  measures,  for  his  belief  arises  from  an  honest  con- 
viction that  the  welfare  of  his  nation  can  best  be  conserved  through  this  political 
channel.  He  was  for  two  years  state's  attorney  of  Clay  county,  and  for  nine 
years  occupied  the  bench  of  the  county  court,  where  he  administered  the  duties 
of  his  office  with  a  fairness  and  impartiality  that  made  him  one  of  the  most 
popular  and  esteemed  judges  that  has  ever  occupied  that  position.  His  decisions 
were  models  of  judicial  soundness^  being  based  upon  his  accurate  knowledge 
of  the  law  and  his  understanding  of  his  fellow  men.  In  the  spring  of  1898  he 
became  a  candidate  for  the  Democratic  nomination  for  congress. 

The  Judge  was  married  July  31,  1864,  to  Miss  Cornelia  Van  Ness,  a  daugh- 
ter of  John  B.  Van  Ness,  of  New  York  city,  and  they  now  have  four  children: 
Cora  L.,  Ely,  Alonzo,  Nina  G.  and  Clare  Van  Ness. 

For  thirty-eight  years  the  Judge  has  been  a  member  in  good  standing  of 


572  THE  BENCH  AND  BAR  OF  ILLINOIS. 

tlie  Independent  Order  of  Odd  Fellows,  in  which  body  he  has  served  as  high 
I)riest.  lie  also  belongs  to  the  Knights  of  Pythias  fraternity,  and  for  twenty- 
eight  years  has  been  a  member  of  the  Christian  church.  His  honesty  is  unim- 
peachable and  he  is  a  man  of  broad  views  and  generous  impulses,  true  to  every 
trust  reposed  in  him  and  faithful  to  all  the  duties  of  public  and  private  life. 
Ko  resident  of  Clay  county  enjoys  the  esteem  of  his  fellow  men  in  a  higher 
degree  or  has  attained  greater  eminence  in  the  profession  which  he  has  made 
his  life  work. 

Hon.  Dios  C.  Hagle,  late  of  Flora,  Illinois,  for  a  quarter  of  a  centur>'  was 
a  notable  figure  in  the  councils  of  the  Republican  party  and  ranked  equally 
high  in  the  legal  profession.  Honorable  and  upright  in  all  his  dealings,  anxious 
for  the  good  of  his  country,  state,  and  home  community,  his  life  was  a  literal 
exponent  of  his  high  ideals  and  lofty  purpose.  His  name  and  record  were  above 
reproach,  and  to  his  bereaved  family  he  leaves  the  heritage,  more  precious  than 
riches  and  fame,  of  a  pure,  unblemished  life.  In  the  world  of  business  and  states- 
manship he  played  an  important  part,  but  chiefly  was  it  in  the  home  circle  that 
his  noblest  qualities  were  displayed,  and  nothing  was  so  dear  to  him  as  his  unpre- 
tentious home. 

"Born,  lived,  died," — such,  in  brief,  is  the  summing  up  of  a  human  life;  but 
what  a  world  of  difference  in  the  way  these  outlines  are  filled  out  by  our  fellow- 
beings!  The  record  of  Mr.  Hagle's  life  is  one  remarkable  for  simplicity,  yet 
replete  with  lessons  for  the  thoughtful.  Unselfishness  was  its  keynote,  and  gen- 
uine love  for  God  and  man  was  the  spring  of  his  conduct.  He  is  one  of  the 
grand  sons  of  the  old  Buckeye  state,  his  birth  having  occurred  in  Brown  county, 
September  ii,  1839.  ^^  ^^  early  age  he  came  to  Illinois  with  the  other  members 
of  the  parental  household,  and  his  boyhood  was  chiefly  passed  in  Wayne  county. 
He  not  only  mastered  the  rudiments  of  an  education  in  his  youth  but  became 
well-grounded  in  sterling  principles  and  in  loyal  patriotism.  When  the  time 
came  that  his  country  needed  his  service  in  her  great  struggle  for  union  and 
freedom  he  set  aside  all  other  enterprises  and  ambitions  and  shouldered  the 
musket.  He  was  one  of  the  first  "boys  in  blue"  who  answered  to  the  call  for 
Troops,  in  the  spring  of  1861,  and  for  three  years  he  w^as  always  faithfully  at  his 
post  of  duty  on  southern  battle-fields.  He  enlisted  as  a  private  in  the  Eleventh 
Missouri  Infantry,  and  served  with  them  until  his  three-years  term  of  enlistment 
liad  expired. 

Upon  returning  from  the  service  Mr.  Hagle  followed  farming  in  Wayne 
county.  He  took  up  the  study  of  law  in  1866,  his  preceptor  being  William  H. 
II anna,  of  Louisville,  Clay  county,  Illinois;  was  admitted  to  the  bar  in  1868, 
and  he  entered  upon  the  practice  of  his  profession  in  the  town  of  Louisville, 
remaining  there  for  several  years,  and  meeting  with  success.  In  1875  he  went 
to  Dakota,  and  there  embarked  in  legal  work.  The  year  after  his  arrival  there 
his  talents  were  recognized  by  his  fellow-citizens,  w^ho  elected  him  to  the  terri- 
torial legislature  (for  Dakota  had  not  yet  become  a  state)  of  Dakota,  and  upon 
the  organization  of  the  lower  house  he  was  honored  by  being  chosen  as  speaker. 
He  concluded  to  return  to  Louisville,  nevertheless,  and  the  same  year,  1877,  we 


THE  BENCH  AND  BAR  OF  ILLINOIS.  573 

find  him  once  more  pursuing  his  customary  vocation  there,  among  his  old 
friends.  In  1880  he  was  elected  state's  attorney  of  Clay  county,  and  upon  the 
expiration  of  his  term  he  was  re-elected.  In  1888  he  was  elected  to  the  state 
senate,  and  it  was  largely  on  account  of  a  magnificent  effort  of  his,  in  placing 
Governor  Tanner  in  nomination,  that  the  latter  was  so  happily  brought  before 
the  special  notice  of  the  people.  When  the  Governor  had  entered  upon  the 
duties  of  his  office  he  recognized  our  subject's  devotion  and  loyalty  toward  him 
by  appointing  him  first  assistant  attorney  general.  In  1886  he  became  a  resi- 
dent of  the  town  of  Flora,  where  he  was  living  at  the  time  of  his  death,  February 
6,  1898.  In  the  various  fraternities  he  stood  very  high,  and  his  genial,  happy 
manner  of  looking  on  the  bright  side  of  life  made  him  a  general  favorite.  He 
was  a  Knight  Templar  Mason  and  belonged  to  the  blue  lodge  at  Flora,  the 
Modern  Woodmen  of  America,  the  Order  of  the  Eastern  Star  and  the  Grand 
Army  of  the  Republic. 

In  1870  Mr.  Hagle  married  a  daughter  of  Samuel  George,  of  Wayne  county, 
but  eight  years  later  she  died  at  their  Louisville  home,  leaving  one  daughter. 
In  1879  ^^^"-  Hagle  married  Miss  Belle  Ingraham,  of  Harter  township.  Clay 
county,  Illinois.  One  son  and  four  daughters  came  to  bless  this  union.  *The 
family  is  still  living  in  the  pleasant  Hagle  residence  in  Flora,  where  they  are 
highly  esteemed  by  all. 

Harvey  W.  Shririer,  of  Flora,  Illinois,  is  one  of  the  prominent  members 
of  the  bar  in  his  section  of  the  state,  and  is  now  serving  his  third  term  as  state's 
attorney  of  Clay  county.  He  is  a  stanch  Republican  and  was  elected  on  the 
party  ticket  for  the  first  time  in  1888.  He  has  been  retained  in  the  office  ever 
since,  being  re-elected  in  1892  and  1896,  his  present  term  to  expire  in  1900. 
The  interests  of  justice  and  the  rights  of  the  people  never  suffer  in  his  hands, 
and  the  universal  opinion  in  regard  to  his  record  here  is  that  it  has  been  wholly 
above  reproach.  As  a  lawyer  his  pleadings  are  marked  for  clearness,  concise- 
ness, comprehensive  knowledge  of  the  law  and  an  equal  knowledge  of  human 
nature.  He  is  an  able  advocate  and  his  opinion  never  fails  to  carry  great  weight 
with  judge  and  jury. 

Mr.  Shriner  is  in  the  prime  of  manhood,  as  his  birth  occurred  the  first  year 
of  the  Civil  war,  October  25,  1861.  His  birth-place  was  in  Benton  county,  Ohio, 
but  his  early  recollections  all  cluster  around  Illinois,  as  he  was  but  a  year  old 
when  he  was  brought  by  his  parents,  Silas  and  Susan  Luse  Shriner,  to  this  state, 
and  here  it  was  that  his  youthful  days  were  passed.  He  grew  up  in  Clay  county 
and  received  a  common-school  education,  making  the  best  of  his  advantages. 
He  succeeded  so  well  that  he  was  placed  in  charge  of  a  school  the  winter  that 
he  was  eighteen  years  of  age,  axid  for  the  six  winters  following  he  was  similarly 
occupied.  In  the  meantime  he  decided  to  enter  the  legal  profession,  and  to  that 
end  took  up  the  study  of  law,  in  his  leisure  hours.  After  about  two  years  of 
work  under  the  guidance  of  D.  C.  Hagle,  he  was  admitted  to  the  bar  in  February, 
1887,  and  in  the  following  June  entered  into  partnership  with  Mr.  Hagle,  under 
the  firm  name  of  Hagle  &  Shriner.  This  business  connection  was  a  very  pleas- 
ant and  profitable  one,  and  continued  in  existence  until  the  death  of  Mr.  Hagle. 


574  THE  BENCH  AND  BAR  OF  ILLINOIS. 

Mr.  Shriner  has  never  had  a  criminal  case  reversed  by  the  supreme  or  appellate 
courts,  and  the  ablest  members  of  the  county  bar  are  his  warmest  friends  and 
advocates.  The  only  fraternal  order  with  which  he  is  associated  is  the  Modern 
Woodmen  of  America. 

On  the  loth  of  September,  1885,  Mr.  Shriner  married  Miss  Emma  Critch- 
lovv,  who  died  January  5,  1896,  leaving  three  sons,  namely:  Austin,  Carlton  C, 
and  Silas. 

Albert  Morrison  Rose  is  known  as  one  of  the  most  capable  members  of 
the  bar  in  his  section  of  the  state;  and  although  he  is  hardly  yet  in  the  prime 
of  life  he  has  long  since  left  the  ranks  of  the  many  to  stand  among  the  suc- 
cessful few.  The  specific  and  distinctive  office  of  biography  is  not  to  give  voice 
to  a  man's  modest  estimate  of  himself  and  his  accomplishments,  but  rather  to 
leave  a  perpetual  record  establishing  his  character  by  the  consensus  of  opinion 
on  the  part  of  his  fellow  men.  The  public  renders  its  decision  of  the  worth  of 
an  individual,  a  decision  which  gives  him  rank  in  both  business  and  private  life, 
and  the  place  of  Mr.  Rose  is  thus  determined. 

Mr.  Rose,  now  a  resident  of  Louisville,  was  born  in  Georgetown,  Clay 
county,  this  state,  on  the  26th  of  September,  1862.  His  father,  Dreaur}-  Rose, 
was  a  native  of  Kentucky  and  a  carpenter  by  trade.  He  married  Caroline  Acki- 
son,  a  native  of  Clay  county,  Illinois,  whose  people  came  to  the  west  from 
Pennsylvania.  Having  acquired  his  preliminary  education  in  the  public  schools 
of  his  native  county,  Mr.  Rose  pursued  an  academic  course  of  study  in  the 
university  in  Vincennes,  Indiana,  and  on  laying  aside  his  text-books  entered 
upon  educational  work  in  the  capacity  of  teacher,  which  profession  he  followed 
with  marked  success  for  nine  years.  During  that  period  he  began  reading  law 
in  the  office  of  John  A.  Barnes,  of  Louisville,  Illinois,  diligently  applying  himself 
to  the  mastery  of  the  principles  of  jurisprudence.  In  the  fall  of  1890  he  was 
admitted  to  the  bar  and  the  following  spring  entered  into  partnership  with  his 
preceptor  under  the  firm  name  of  Barnes  &  Rose,  w^hich  connection  was  con- 
tinued until  1897,  when  Mr.  Barnes  removed  to  Chicago.  Not  long  afterward 
Mr.  Rose  was  joined  by  W.  H.  Dillman,  in  the  establishment  of  the  firm  of  Rose 
&  Dillman,  one  of  the  most  progressive  and  successful  law  firms  in  the  southern 
part  of  the  state.  Mr.  Rose's  practice  is  of  a  general  character,  including  both 
civil  and  criminal  litigation.  His  knowledge  of  the  law  is  broad  and  his  retentive 
memory  makes  it  always  available.  He  shows  great  precision  and  care  in  the 
preparation  of  his  cases,  and  while  guarding  every  assailable  point  in  his  own 
suit  never  fails  to  catch  sight  of  an  available  point  of  attack  in  an  opponent's 
argument.  His  mind  is  keenly  analytical  and  he  is  an  earnest  and  ofttimes  elo- 
quent speaker.  His  fervent  utterances  have  the  ring  of  truth  and  honest  convic- 
tion, swaying  the  minds  of  the  hearers,  as  with  pathos,  humor,  fact  and  logic 
he  plays  upon  their  emotions." 

Mr.  Rose  exercises  his  right  of  franchise  in  support  of  the  men  and  meas- 
ures of  the  Democracy,  and  has  been  a  member  of  the  Louisville  board  of  trus- 
tees since  1892,  discharging  his  duties  with  a  fidelity  and  promptness  that 
indicates  high  public-spirited  loyalty  to  the  general  welfare.     He  is  a  consistent 


THE  BENCH  AND  BAR  OF  ILLINOIS.  575 

member  of  the  Christian  church,  and  holds  a  membership  connection  with  the 
Masonic  ffatemity.  Since  twenty-one  years  of  age  he  has  been  a  member  of 
the  Odd  Fellows  order,  and  among  his  brethren  of  these  organizations  he  is 
held  in  the  highest  regard.  On  the  28th  of  December,  1892,  he  was  united  in 
marriage  to  Miss  Lula  Branson,  daughter  of  Dr.  J.  M.  Branson,  of  Wayne  City, 
Illinois.  Their  home  is  brightened  by  the  presence  of  a  little  son.  Robley  B., 
and  the  Rose  household  is  the  abode  of  a  cultured  hospitality  that  makes  it  a 
favorite  resort  with  the  best  people  of  the  community. 

Judge  Rufus  M.  Potts,  of  Taylorville,  was  born  in  Christian  county,  Illinois, 
on  September  3,  1870,  where  he  still  resides.  His  parents,  George  D.  and 
Lenora  (Langley)  Potts,  were  also  natives  of  Christian  county.  Mr.  Potts  lived 
on  the  farm  with  his  father  until  he  was  seventeen  years  of  age.  His  elementary 
education  was  acquired  in  the  country  schools,  which  was  supplemented  by  two 
terms  in  the  city  schools  of  Taylorville.  After  leaving  the  farm  he  taught  two 
years  in  the  district  schools.  He  then  commenced  the  study  of  law  in  the  office 
of  Drennan  &  Hogan,  in  Taylorville,  and  was  admitted  to  the  bar  in  August, 
1892,  at  the  age  of  twenty-one.  He  then  entered  the  office  of  Palmer,  Shutt  & 
Drennan,  of  Springfield,  as  a  law  clerk,  and  a  portion  of  the  time  he  was  con- 
nected with  this  firm  he  was  Senator  Palmer's  private  secretary.  After  Mr. 
Potts  had  completed  his  year's  work  with  Palmer,  Shutt  &  Drennan,  he  returned 
to  Taylorville  and  engaged  in  the  practice  of  law.  Mr.  Potts  is  now  one  of  the 
leading  attorneys  in  central  Illinois.  He  having  no  one  to  assist  him,  his 
advancement  in  his  chosen  profession  is  due  to  his  own  efforts  and  ability.  He 
is  especially  strong  in  the  trial  of  his  cases  before  juries,  and  has  been  counsel 
in  several  of  the  most  important  cases  in  his  part  of  the  state ;  and  aside  from  his 
legal  attainments  no  man  ranks  higher  as  a  gentleman  than  Mr.  Potts. 

Mr.  Potts  has  always  taken  an  active  interest  in  politics  and  is  prominent 
in  local  and  state  Democratic  political  circles.  He  was  elected  county  judge  of 
his  county  on  the  Democratic  ticket,  on  November  8,  1898,  and  has  the  distinction 
of  being  the  youngest  judge  in  Illinois.  February  i,  1898,  he  was  elected  presi- 
dent of  the  Illinois  County  and  Probate  Judges'  Association.  At  the  beginning 
of  the  American-Spanish  war  Mr.  Potts  aided  in  the  organization  of  Colonel 
Wilson's  provisional  regiment,  being  the  Tenth  Illinois,  and  was  selected  major 
of  the  first  battalion  of  this  regiment. 

His  oratorical  ability  has  occasioned  his  selection  as  the  orator  of  many 
public  celebrations,  and  he  never  fails  to  interest,  instruct  and  entertain  his 
hearers.  On  October  16,  1895,  Mr.  Potts  and  Miss  Wilhclmina  R.  Grunwaldt, 
of  Springfield,  Illinois,  were  married,  and  they  have  one  daughter, — Wilhelmina 
Madonna  Potts.    Mr.  Potts  and  family  have  high  social  standing. 

James  C.  McQuigg,  a  representative  of  the  Pana  bar,  was  born  in  Wooster, 
Ohio,  on  the  ist  of  August,  1840,  and  is  a  son  of  John  and  Sarah  (McAfee) 
McQuigg.  The  parents  were  natives  of  county  Antrim,  Ireland,  and  in  the  latter 
part  of  the  '30s  came  to  this  country.  The  father  died  February  i,  1885,  at  the 
age  of  eighty  years,  and  the  mother  passed  away  in  March,  1897,  at  the  advanced 
age  of  ninety-two  years.    They  had  nine  children,  all  of  whom  are  yet  living. 


576  THE  BENCH  AND  BAR  OF  H^LINOIS. 

James  AIcQuigg  was  reared  in  the  state  of  his  nativity  and  acquired  his 
preUmirtary  education  in  tlie  common  schools.  In  1861  he  responded  to  his 
country's  call  for  troops,  enlisting?:  for  three  years  as  a  member  of  Company  C, 
Sixteenth  Ohio  Infantry.  With  his  command  he  went  to  the  front,  participated 
in  all  the  engagements  in  which  it  took  part,  and  at  the  battle  of  Vicksburg 
was  wounded,  after  which  he  was  sent  to  the  hospital.  When  the  war  was  over 
and  the  country  no  longer  needed  his  services  he  returned  to  his  home  and  con- 
tinued his  education  in  \'ermillion  College,  of  Ohio.  Subsequently  he  began 
the  study  of  law,  in  Wooster,  Ohio,  under  the  direction  of  Captain  A.  S.  Mc- 
Clure,  afterward  member  of  congress,  and  when  he  had  gained  a  good  knowl- 
edge of  the  fundamental  principles  of  the  science  of  jurisprudence  he  matricu- 
lated in  the  Ann  Arbor  law  school,  where  he  continued  his  studies  from  1865 
until  his  graduation  in  the  class  of  1867. 

In  May  of  the  latter  year  Mr.  McQuigg  opened  his  law  office  in  Pana, 
where  he  has  since  made  his  home.  In  the  '70s  he  was  elected  and  sensed  for 
one  term  as  city  attorney,  and  in  1876  was  a  candidate  for  state's  attorney,  but 
though  the  county  went  Democratic  by  a  vote  of  over  nine  hundred  he  was 
defeated  by  only  eighty-three  votes, — a  fact  which  indicates  his  personal  popu- 
larity and  shows  the  support  which  he  received  from  the  opposition  party.  In 
politics  he  has  always  been  a  stalwart  Republican,  and  served  as  presidential 
elector  in  1880.  He  engaged  in  the  general  practice  of  law  and  is  now  enjoying 
a  fair  share  of  the  public  patronage  in  his  line.  He  is  married  and  his  pleasant 
home  in  Pana  is  blessed  with  a  son  and  a  daughter, — Myron  and  Florence. 

James  Carroll  MclJride,  a  practitioner  at  the  bar  of  Taylorville,  was  bom 
near  Palmyra,  Illinois,  on  the  i6th  of  July,  1845,  and  is  a  son  of  Thomas  ^^• 
and  Margery  A.  (Wiggins)  McBride,  natives  of  Tennessee  and  Kentucky,  re- 
spectively. He  attended  the  common  schools  of  Illinois,  then  Earlham  College, 
Richmond,  Indiana,  and  later  entered  the  Lincoln  University,  where  he  remained 
three  years,  being  graduated  in  the  class  of  1869.  In  1870  he  pursued  the  study 
of  law  under  the  direction  of  Judge  Welch,  of  Carlinville,  and  in  January.  i87i» 
was  admitted  to  the  bar.     He  then  opened  an  office  in  Taylorville,  where  he 

• 

has  since  remained,  enjoying  a  very  liberal  share  of  the  public  patronage  in 
law  lines.  For  three  years,  from  1880  until  1884,  he  was  in  partnership  with 
G.  B.  Crooker.  He  served  as  justice  of  the  peace  early  in  his  practice,  an  office 
which  his  father  had  held,  and  in  whose  court  General  Palmer  used  to  practice 
during  the  boyhood  days  of  our  subject.  Mr.  McBride  has  also  held  the  office 
of  master  in  chancery  for  one  term  and  of  city  attorney  many  terms.  In  the 
spring  of  1897  he  was  nominated  by  the  Democracy  for  the  position  of  judge 
of  the  fifth  judicial  circuit,  but  about  that  time  the  legislature  changed  the 
circuit,  and  he  was  accordingly  deprived  of  the  office.  He  has  been  engaged 
as  counsel  or  advocate  either  for  the  defense  or  the  prosecution  in  almost  ever)* 
important  case  that  has  been  tried  in  the  courts  of  Christian  county  for  the  past 
ten  years.  The  volume  and  important  nature  of  his  business  indicate  his  ability 
and  his  brethren  at  the  bar  accord  him  a  prominent  place  in  their  ranks. 

On  the  17th  of  May,  1871,  Mr.  McBride  was  united  in  marriage  to  Miss 


.-  w 


THE  BENCH  AND  BAR  OF  H^LINOIS.^  577 

Mattie  Wheeler,  who  was  born  in  Indiana,  but  reared  in  Logan  county,  Illinois. 
They  now  have  four  children.  One  of  the  two  sons,  W.  B.  McBride,  has  been 
recently  admitted  to  the  bar  and  is  now  in  partnership  in  the  practice  of  law  with 
the  subject  of  this  sketch. 

Socially,  Mr.  McBride  is  a  Mason,  has  attained  the  Knight  Templar  degree, 
and  has  served  as  master  of  the  lodge  for  six  years.  He  has  been  a  member 
of  the  board  of  education  for  four  years,  and  was  serving  thereon  at  the 
time  of  the  erection  of  the  fine  high  school  building  at  Taylorville.  In 
addition  to  his  law  practice  he  has  other  business  interests.  He  was  one  of 
the  organizers  of  the  Taylorville  Coal  Company,  of  which  he  served  as  president 
and  director  for  many  years,  and  is  now  a  director  of  the  First  National  Bank, 
his  sound  judgment  in  business  matters  making  his  counsel  valuable. 

James  L.  Drennan,  a  member  of  the  law  firm  of  Hogan  &  Drennan,  of 
Taylorville,  was  born  on  the  25th  of  February,  1869,  on  his  father's  farm  in 
Mosquito  township,  Christian  county,  Illinois,  where  he  resided  for  eighteen 
years.  No  event  of  special  importance  changed  the  usual  routine  of  the  life  of 
the  farmer's  lad,  who  assisted  in  the  labors  of  field  and  meadow  until  after  the 
harvests  were  gathered  in  the  late  autumn,  when  he  entered  the  district  school 
of  the  neighborhood,  there  to  pursue  his  studies  until  the  opening  of  spring 
made  it  again  necessary  for  him  to  take  his  place  at  the  plow.  He  was  only 
thirteen  years  of  age  at  the  time  of  his  father's  death,  and  being  the  eldest  son 
at  home  the  responsibility  of  managing  the  farm  devolved  upon  him  for  six 
years.  When  he  was  a  young  man  of  nineteen  years  his  mother  left  the  farm 
and  he  then  began  business  on  his  own  account. 

For  three  years  he  successfully  engaged  in  teaching  school,  and  then  began 
preparation  for  the  bar  as  a  student  in  the  law  office  of  Drennan  &  Hogan,  the 
senior  partner  being  his  elder  brother,  John  G.  Drennan,  the  junior  partner, 
John  E.  Hogan.  Under  their  direction  he  continued  his  studies  for  two  years, 
and  was  admitted  to  the  bar  in  August,  1893,  when  twenty-four  years  of  age. 
He  was  then  taken  into  partnership  with  the  firm  of  Drennan  &  Hogan,  under 
the  firm  name  of  Drennan,  Hogan  &  Drennan,  but  after  a  year  the  senior  partner 
withdrew  and  removed  to  Springfield.  Our  subject  has  never  taken  an  active 
part  in  the  trial  of  cases  in  the  circuit  court,  having  served  as  chief  clerk  in  the 
circuit  clerk's  office  for  the  first  two  years  after  his  admission  to  the  bar,  after 
which  he  was  appointed  master  in  chancery  by  Judge  Creighton,  and  in  the 
latter  position  he  is  still  serving. 

On  the  5th  of  May,  1890,  Mr.  Drennan  married  Miss  Hattie  M.  Jones,  who 
died  May  22,  1897,  leaving  a  daughter,  Margaret  O.,  who  is  with  her  father. 

Judge  Horatio  Middleton  Vandeveer,  of  Taylorville,  was  born  in  Washing- 
ton county,  Indiana,  on  the  ist  day  of  March,  1816.  In  the  fall  of  1829  his 
father,  the  Rev.  Aaron  Vandeveer,  moved  with  his  family  to  Illinois  and  settled 
on  a  farm  on  Clear  creek,  in  Sangamon  county,  where  the  youth  of  the  subject 
of  this  memoir  was  passed.  For  about  three  months  only  did  he  enjoy  the 
advantage  of  attending  school,  and  the  remainder  of  the  time  he  was  obliged, 

owing  to  his  father's  straitened  circumstances,  to  assist    in    the  cultivation    of 
37 


578  .THE  BENCH  AND  BAR  OF  ILLINOIS. 

the  farm ;  and  here  the  privations  he  had  to  endure  formed  and  molded  those 
elements  of  character  which  became  such  prominent  features  in  his  later  years. 
But  the  mere  question  of  environment  could  not  prevent  his  active  mind  from 
acquiring  the  knowledge  that  it  craved.  He  formed  the  acquaintance  of  Hon. 
John  T.  Stuart, — an  acquaintance  which  ripened  to  warm  friendship, — and  that 
gentleman  gave  him  ready  access  to  his  personal  library,  where,  by  close  and 
assiduous  study,  he  was  able  to  obtain  considerable  legal  knowledge.  In  1836 
he  taught  school,  in  one  of  the  old-fashioned,  log  school-houses  so  common 
at  that  time,  and  continued  this  for  two  years,  alternating  this  employment  with 
farming,  and  occupying  his  leisure  hours  in  reading  and  study.  In  1839  he  was 
admitted  to  the  bar,  being  the  first  resident  lawyer  of  the  county,  where  he 
established  an  enviable  reputation  both  for  ability  and  integrity.  His  first  case 
was  in  the  circuit  court,  and  resulted  in  victory. 

Activity  in  public  affairs  and  a  strong  political  bias  w-ere  inevitable  in  a  man 
of  such  characteristics  and  indomitable  energy,  and  it  was  but  a  natural  sequence 
that  he  should  assist  in  the  organization  of  Christian  county,  in  1839.  The  first 
election  was  held  April  i  of  that  year,  and  he  was  chosen  county  recorder,  and 
shortly  thereafter  was  appointed  school  commissioner  by  the  county  court.  Two 
months  later  (June  i,  1839)  he  was  appointed  by  Judge  Samuel  H.  Treat  to 
be  clerk  of  the  circuit  court,  which  office  he  filled  with  marked  ability  for  many 
years.  In  1842  he  was  elected  a  member  of  the  Illinois  house  of  representatives, 
defeating  Martin  White,  the  former  member,  and  Henry  T.  Luckett, — ^both 
able  and  popular  men.  In  1843  he  was  reappointed  clerk  of  the  circuit  court, 
and  during  the  same  year  was  elected  justice  of  the  peace.  He  was  subsequently 
appointed  postmaster  at  Taylorville,  which  office  he  held  for  a  long  period. 

In  1846  he  raised  a  company  for  the  Mexican  war,  of  which  he  was  chosen 
captain.  The  company,  however,  was  rejected  by  the  government,  as  the  quota 
of  the  state  was  full,  under  the  call.  Shortly  after  this  President  Polk  appointed 
him  assistant  quartermaster  in  the  United  States  Army,  with  the  rank  of  cap- 
tain. He  served  through  the  Mexican  campaign  with  distinction  and  received 
high  commendation  from  the  colonel  of  his  regiment.  W.  B.  Warren.  Return- 
ing from  the  war,  he  was  placed  in  nomination  by  his  friends  as  a  candi- 
date for  congress,  but  while  the  balloting  was  proceeding  he  arose  in  the  con- 
vention and  absolutely  refused  to  allow  himself  to  be  considered  as  a  candidate. 
Had  he  not  done  this  he  undoubtedly  w^ould  have  been  the  nominee  of  the  con- 
vention. In  1848  he  was  chosen  by  the  Democratic  party  as  one  of  the  presi- 
dential electors  for  Illinois,  and  as  such  cast  his  vote  for  Lewis  Cass.  In  1849 
he  w^as  elected  county  judge  for  a  term  of  four  years,  and  re-elected  at  the  expira- 
tion of  that  time,  serving,  in  all,  eight  years.  It  was  during  this  period  that 
the  present  county  court-house  was  erected  at  Taylorville,  at  a  cost  of  eighteen 
thousand  five  hundred  dollars,  and  its  erection  free  from  debt  may  be  ascribed 
to  Judge  Vandeveer,  who  w^as  foremost  in  the  movement  to  give  to  Christian 
county  a  substantial  court-house,  without  resorting  to  the  issuance  of  bonds,  as 
was  the  custom  so  prevalent  in  other  counties.  In  November,  i860,  he  was  re- 
elected a  member  of  the  house  of  representatives,  and  in  1862  was  elected  senator 


THE  BENCH  AND  BAR  OF  ILLINOIS.  579 

from  the  district  composed  of  Macoupin,  Montgomery,  Christian  and  Shelby 
counties,  and  was  recognized  as  one  of  the  strongest  members  of  that  body, 
being  one  of  those  clear-headed,  constructive  and  able  business  managers  whose 
persistent  industry,  comprehensive  grasp  of  details  and  power  to  marshal  them 
for  practical  results  made  him  invaluable  in  committee,  where  legislation  is  per- 
fected and  all  important  measures  are  prepared.  In  June,  1870^  he  was  elected 
judge  of  the  tenth  judicial  circuit,  embracing  the  counties  of  Christian,  Mont- 
gomery, Fayette  and  Shelby,  to  fill  the  vacancy  caused  by  the  resignation  of 
Judge  E.  T.  Rice,  of  Hillsboro,  and  in  1873  was  re-elected  without  opposition 
for  the  full  term  of  six  years.  As  a  presiding  judicial  officer  he  rendered  many 
important  decisions  and  established  a  firm  reputation  for  ability,  integrity  and 
impartiality.  Though  his  judicial  career  comprised  years  when  vindictive  party 
feeling  and  great  political  excitement  prevailed,  yet  he  ever  held  the  scales  justly 
poised,  and  no  tincture  of  prejudice  or  undue  bias  can  be  found  to  have  stained 
his  decisions  or  to  have  warped  his  judgment. 

In  1868  he  founded  the  Bank  of  H.  M.  Vandeveer  &  Company,  from  which, 
however,  he  retired  in  1875,  and  since  that  time  it  has  been  owned  and  operated 
by  his  two  sons,  William  T.  and  Eugene  A.  Vandeveer.  The  sons,  however, 
have  retained  the  name  of  their  illustrious  father,  who  built  the  foundation  so 
strong  that  it  was  rated  as  the  strongest  private  bank  in  the  United  States,  its 
financial  stability  being  fortified  by  thirteen  thousand  acres  of  land  located  in 
Christian  county. 

Judge  Vandeveer  was  married  in  1841  to  Miss  Mary  J.  Rucker,  a  native  of 
Kentucky,  who,  with  their  two  sons  previously  mentioned,  and  a  daughter,  Mrs. 
Lizzie  V.  Kirkwood,  of  Taylorville,  survive  their  husband  and  father. 

In  1888  Judge  V^andeveer  was  taken  ill  with  rheumatism,  and  in  1889  visited 
the  Hot  Springs  of  Arkansas,  with,  however,  but  slight  benefit.  The  ailment 
gradually  increased,  and,  in  spite  of  the  tender  ministrations  of  a  loving  and 
devoted  wife  and  family  and  the  best  medical  skill  obtainable,  he  passed  away, 
on  the  I2th  day  of  March,  1894,  mourned  by  all  who  knew  him,  honored  by 
all  who  love  justice  and  integrity,  and  secure  in  a  fame  that  is  a  part  of  the  com- 
mercial, political  and  legal  history  of  Illinois.  Had  any  evidence  been  needed 
to  show  the  high  estimation  in  which  Judge  Vandeveer  was  held  by  those  who 
knew  him  4)est,  and  among  whom  so  many  years  of  his  life  were  passed,  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  and  the  mem- 
bers of  the  bar  gave  formal  expression  to  the  feeling  of  general  loss.  A  just 
tribute  to  his  character  is  the  following  series  of  resolutions  passed  by  the  mem- 
bers of  the  Bar  Association,  at  a  meeting  held  for  the  purpose  shortly  after  his 
death : 

Resolved,  That  in  the  death  of  H.  M.  Vandeveer  the  bar  of  this  county  has  lost  its 
oldest  and  ablest  member,  and  the  community  its  most  distinguished  citizen. 

The  results  achieved  by  him  in  his  professional  and  business  life  are  the  best  evi- 
dences of  his  character  and  ability.     As  a  lawyer  he  stood  in  the  front  rank  of  successful 


58o  THE  BENCH  AND  BAR  OP  ILLINOIS. 

practitioners.  He  was  not  a  specialist,  devoting  himself  to  and  becoming  eminent  in  ok 
branch  o(  the  law  alone;   he  was  ec|iia1]y  successful  in  all  departments. 

As  a  judge  he  was  able,  conscientious  and  fearless.  He  brought  to  the  bench,  if  not 
profound  learning,  that  which  was  far  more  useful,  a  wide  experience  in  affairs  and  an  »l- 
most  unerring  judgment.  In  his  business  life  the  same  singular  sagacity,  clear  judgment  and 
tireless  industry  secured  financial  success  in  an  extraordinary  degree.  Often  called  to  posts 
of  honor  and  responsibility  by  his  fellow  citizens,  he  discharged  every  duty  with  fidelitj. 
His  signal  abiliiy  made  him  a  leader  in  every  field  of  endeavor  that  he  chose  to  enter,  jet 
his  habits  of  life  were  simple  and  he  despised  ostentation  in  all  its  forms,  Sirrcfcen  viOi 
a  lingering  and  fatal  malady,  he  bore  with  patience  and  fortitude  intense  suffering  In  ihc 
closing  years  of  his  life.  We  deeply  sympathize  with  his  family  in  their  bereavemenl.  and 
ourselves  will  long  remember  his  wise  counsel,  his  kindly  presence  and  helpful  assistance. 

Resolved.  That  these  resolutions  be  spread  upon  the  records  of  the  circuit  court  and 
a  copy  be  furnished  to  the  family  of  our  deceased  brother. 

Individtial  members  of  the  bar  also  delivered  eulogies  extolling  his  merits 
as  a  lawyer,  as  a  man  and  as  a  citizen. 

John  E.  Hogan,  of  Taylorville,  was  born  in  Pana.  Christian  county.  Illinois, 
on  the  30th  of  November,  1865.  The  following  year  his  parents  removed 
to  Taylorville,  where  he  attended  the  public  schools  until  fifteen  years  of  age. 
He  then  began  earning  his  own  livelihood  as  a  clerk  in  a  grocery  store  and  was 
thus  employed  until  attaining  his  majority,  when,  having  resolved  to  make  the 
practice  of  law  his  hfe  work,  he  entered  the  office  of  John  G.  Drennan,  who 
directed  his  reading  and  study  until  his  admission  to  the  bar,  in  February,  1889, 
at  Mount  Vernon. 

Mr.  Hogan  at  once  opened  an  office  and  began  practice  in  Taylorville.  his 
business  constantly  growing  with  the  passing  years  as  he  has  demonstrated  his 
■  ability  to  master  the  intricate  problems  of  jurisprudence.  He  served  as  police 
magistrate  from  1889  until  1892,  and  from  1893  until  1897  acceptably  filled  ihe 
position  of  master  in  chancery.  In  1891  he  entered  into  partnership  with  John 
G.  Drennan,  his  former  preceptor,  and  a  further  change  was  made  in  the  firm 
by  the  admission  of  James  L.  Drennan  in  1894.  The  following  year  the  senior 
partner  withdrew  and  the  firm  then  became  Hogan  &  Drennan,  which  connec- 


r<., 


THE  BENCH  AND  BAR  OF  ILLI  ' 

in  connection  with  Captain  Joel  S.  Post.    That  partners   i 
and  he  was  alone  in  business  until  1889,  when  he  forn   : 
Charles  E.  Schroll,  with  whom  he  was  associated  until 
he  has  again  been  alone,  and  through  all  the  years  of  h  ; 
bar  he  has  won  many  notable  forensic  triumphs. 

He  has  taken  no  active  part  in  politics  as  an  offic 
interested  in  the  questions  which  concern  the  welfare  oi  i 
1862  he  married  Miss  Martha  Simkins,  of  Ohio,  and  the)  \ 

Charles  Adlai  Ewing,  one  of  the  most  prominent  U  " 
ticed  at  the  bar  of  Decatur,  is  well  portrayed  in  the  foUov 
one  who  knew  him  well: 

"If  the  life  of  Mr.   Ewing  were  measured  by  intel  : 
purity  of  purpose,  by  number  of  friends,  by  acquisition  : 
kindness  and  deeds  of  patriotism,  then  these  fifty  years 
ample  to  round  out  into  full  measure  the  perfect  stature 
beauty.     From  infancy  to  death  there  was  ever  a  hallov  1 
his  very  presence.     Cradled  in  the  lap  of  a  home  life  that  ' 
perfections^  his  youth  furnished  choice  companionship  fc 
Charming  of  manner,  genuinely  witty,  considerate  and  ter  ; 
ageous,  always  honorable,  loving  excellence  for  its  own 
of    emulation,  these   were  characteristics  which   belonged   I 
which  enabled  him  to  move  through  the  arena  of  an  active 
calm  poise  and  forceful  accomplishment  of  honest  and  wij  \ 
qualities  of  mind  and  heart  were  necessary  to  the  great  la^  ^ 
citizen^  and  Mr.  Ewing  possessed  them  in  that  high  degr< 
to  successfully  champion  individual  rights  and  rescue  an  ir  1 
the  most  insidious  and  imminent  danger  that  has  threate  1 
drove  the  great  Douglas  to  proclaim  that  there  were  but 
those  for  the  Union  and  those  against  the  Union.    It  may  I 
concern  for  the  triumph  of  the  honor  of  his  country  in    : 
which  triumph  he  lavishly  gave  of  his  time,  of  his  money  a 
may  have  caused  the  apparent  sacrifice  of  his  noble  life. 
to  the  Greeks,  said:    The  tomb  where  freedom  weeps  can 
prematurely  reached  by  its  inmate.     Such  martyrdom  is  b 
higher  fortune  can  ambition  covet?'     The  bar  has  lost  fr: 
lawyer,  the  state  a  great  citizen,  and  the  country  at  large  ; 
the  good  that  he  accomplished  is  enduring,  and  is  ours  to  c 

"Charles  yVdlai  Ewing  was  born  November  3,  1846, 
tucky.  His  father,  the  Rev.  Fielding  N.  Ewing,  moved  to  Y 
in  1850,  and  from  Bloomington  to  Chicago  in  1859,  there  p 
place  of  several  acres  just  south  of  the  present  site  of  the  \ 
hospital.  In  1864  he  moved  to  Decatur,  Illinois,  where  h: 
in  the  midst  of  beautiful  and  capacious  grounds.  The  li 
instrumental  in  establishing  the  first  college  building  of  tl 
logical  Seminary,  and  it  is  now  called  Ewing  Hall. 


S82  THE  BENCH  AND  BAR  OF  ILLINOIS. 

"The  subject  of  this  memoir  was  one  of  the  pupils  at  the  Chicago  University 
in  the  early  '60s,  and  numbered  among  his  classmates  Judge  Kohlsaat,  Frederick 
A.  Smith,  Henry  A.  Gardner  and  other  prominent  citizens  of  Chicago.  Mr.Ewing 
was  graduated  at  Princeton  College  in  the  class  of  1868  and  at  the  Albany  Law 
School  in  the  class  of  1870,  and  immediately  formed  a  partnership  with  Hugh 
Crea,  of  Decatur,  which  connection  lasted  until  Mr.  Ewing's  death,  November 
6,  1896. — a  period  of  over  a  quarter  of  a  century.  The  law  firm  of  Crea  &  Ewing 
ranked  among  the  best  in  the  state  of  Illinois,  and  possessed  a  very  lucrative 
practice,  numbering  among  its  clients  the  Wabash  and  Central  Illinois  railroads 
and  other  large  corporations. 

"Mr.  Ewing  owned  a  number  of  valuable  farms  in  Macon  and  McLean 
counties  and  was  very  fond  of  visiting  them  and  planning  and  directing  their 
improvements.  Having  acquired  a  handsome  property,  he  was  enabled  to  leave 
his  family  in  very  comfortable  circumstances.  In  June,  1871,  he  married  Miss 
Palmer,  of  Albany,  New  York,  who,  together  with  her  daughters, — Mrs.  Old- 
ham, Zella  Emma,  Eugenia  and  her  son,  Charles  A., — survive  him. 

"In  politics  Mr.  Ewing  was  always  a  Democrat,  and  made  a  number  of 
vigorous  and  eloquent  campaign  addresses  in  behalf  of  Democracy.  With  the 
exception  of  a  nomination  for  circuit  judge,  he  neither  sought  nor  would  accept 
office.  During  the  last  administration  of  Governor  Oglesby  he  was  appointed 
by  him  on  a  commission,  composed  of  some  of  the  ablest  men  in  the  state,  with 
the  late  Hon.  Milton  Hay  as  chairman,  to  revise  the  revenue  laws  of  the  state, 
and  they  formulated  a  code  which  was  pronounced  by  the  press  and  the  thinking 
public  to  be  the  best  adapted  to  the  requirements  of  the  people  of  all  that  had 
ever  been  presented  to  an  Illinois  legislature  for  adoption.  That  tlie  legislature 
failed  to  enact  the  new  code  into  law  is  probably  the  best  commentar)*  on  its 
excellence.  Mr.  Ewing  always  referred  to  this  piece  of  public  work  with  pride 
and  satisfaction. 

"In  the  campaign  of  1896  Mr.  Ewing  devoted  his  time,  money,  energy  and 
eloquence  to  the  defeat  of  the  doctrines  promulgated  by  the  Chicago  conven- 
tion, and  was  so  alarmed  and  aroused  thereat  that  he  w-as  one  of  the  foremost 
to  bring  about  the  organization  of  the  sound-money  Democrats  for  an  active  cam- 
paign in  behalf  of  the  success  of  the  principles  of  true  Democracy  as  set  forth 
in  the  platform  of  the  Indianapolis  convention.  It  is  generally  regarded  by  Mr. 
Ewang's  friends  that  the  burdens  which  devolved  upon  him  by  the  chairman- 
ship of  the  state  central  committee,  and  the  concern  he  felt  about  the  outcome 
of  the  election,  probably  taxed  his  physical  strength  beyond  endurance,  so  that 
after  his  Peoria  speech,  the  Saturday  night  before  election,  he  was  stricken  down 
and  was  with  difficulty  borne  to  his  home  in  Decatur.  Upon  his  arrival  home 
he  seemed  to  improve,  and  on  election  day — his  fiftieth  anniversary — ^he  was 
taken  in  his  carriage  to  the  polls  to  cast  his  vote.  He  was  permitted  to  know 
the  results  of  the  election  and  to  rejoice  therein;  but  on  the  6th  of  November, 
in  the  early  morning,  without  fear,  and  in  the  calm  possession  of  his  faculties, 
surrounded  by  his  family,  he  passed  away  to  the  invisible  world.  The  funeral 
exercises  took  place  on  the  following  Sunday.     Delegations  from  all  parts  of 


THE  BENCH  AND  BAR  OF  ILLINOIS.  583 

the  state  were  in  attendance,  and  a  perfect  outpouring  of  the  citizens  of  Decatur 
attested  the  genuine  affection  felt  by  the  great  public  for  this  rare  man." 

He  was  an  ardent  and  devoted  supporter  of  the  Presbyterian  church. 

Edmund  S.  McDonald,  one  of  the  representative  members  of  the  Macon 
county  bar,  has  been  actively  engaged  in  the  practice  of  law  in  Decatur  for  the 
past  eighteen  years,  and  has  acquired  a  truly  enviable  position  in  the  esteem 
and  honor  of  the  general  public  .and  of  his  brethren  in  the  profession.  Pos- 
sessing a  fine  education  and  thorough  knowledge  of  the  law,  he  plans  his  work 
and  maps  it  out  with  the  precision,  clearness  and  judg^nent  of  a  general  who 
skillfully  foresees  and  plans  a  campaign.  While  he  conducts  a  large  general 
practice,  his  specialty  is  corporation  law,  in  which  he  is  an  expert  authority. 
Few  men  are  better  qualified  to  undertake  all  kinds  of  municipal  corporation 
work,  in  the  organizing  of  towns  and  villages  into  cities,  in  preparing  codes  and 
constitutions,  etc. 

A  son  of  John  and  Nancy  (Sisson)  McDonald,  our  subject  was  born  in 
West  Virginia,  September  7,  1851.  His  parents  were  both  natives  of  Pennsyl- 
vania and  were  residents  of  West  Virginia  but  a  few  years.  Edmund  S.  received 
a  public  school  education,  this  being  later  supplemented  by  a  course  at  the 
Northwestern  University  at  Evanston,  Illinois.  He  took  up  the  study  of  law 
with  the  firm  of  Nelson  &  Robey,  and  was  also  assisted  and  guided  in  his  work 
by  Messrs.  Crea  &  Ewing.  In  1880  he  began  practicing  his  chosen  profession 
in  Decatur^  and  from  that  time  to  the  present  has  conducted  his  business  alone. 
He  was  admitted  to  practice  before  the  supreme  court  of  the  United  States  in 
1876,  and  in  1889  was  elected  city  attorney  and  served  as  such  for  two  terms. 
He  uses  his  right  of  franchise  in  favor  of  the  Republican  party,  and  endeavors 
to  discharge  his  full  duty  as  a  citizen  and  voter.  For  a  period  of  five  years  he 
was  a  member  of  the  state  militia. 

The  marriage  of  Mr.  McDonald  and  Miss  Annabell^  Thomas,  of  this  city, 
was  solemnized  in  1893.  They  have  a  very  attractive  home  here,  and  within 
its  hospitable  walls  often  entertain  their  hosts  of  friends  in  this  community. 
They  have  one  little  son,  Edmund  U.  by  name. 

David  L.  Bunn  was  born  near  Bloomington,  McLean  county,  Illinois,  on 
the  27th  of  September,  1837,  and  is  a  son  of  Rev.  D.  P.  and  Mary  K.  (Moser) 
Bunn,  the  former  a  native  of  Ross  county,  Ohio,  and  the  latter  of  Berks  county, 
Pennsylvania.  The  father  was  for  over  half  a  century  a  minister  of  the  Univer- 
salist  church.  In  his  boyhood  David  L.  Bunn  accompanied  his  parents  on  their 
removal  to  Macon  county,  Illinois,  where  they  remained  for  several  years,  and 
then  went  to  Mount  Pulaski,  Logan  county,  this  state,  which  continued  to  be 
their  place  of  residence  until  1854,  when  they  took  up  their  abode  in  Decatur. 
In  the  meantime  the  son  had  entered  Lombard  University,  of  Galesburg,  Illi- 
nois, and  on  the  completion  of  his  three-years  course  he  joined  his  parents  in 
their  new  home. 

Through  the  ensuing  three  years  he  successfully  engaged  in  teaching  school 
in  Decatur,  but  desiring  to  devote  his  energies  to  other  professional  duties  he 
became  a  law  student   in  the  office  of   Captain  Joel  S.  Post,  and  in  1862  was 


584  THE  BENCH  AND  BAR  OF  ILLINOIS. 

admitted  to  the  bar.  At  the  fall  term  of  the  Macon  county  circuit  court  he  was 
appointed  by  Governor  Yates  to  the  position  of  state's  attorney  for  the  judicial 
district  composed  of  Macon,  Piatt,  Moultrie  and  Shelby  counties,  to  fill  a  va- 
cancy occasioned  by  the  resignation  of  James  P.  Boyd.  He  served  in  that  capac- 
ity until  1864,  when  he  was  elected  state's  attorney  for  the  regular  term  of  four 
years.  During  the  last  two  or  three  years  of  his  incumbency  the  counties  of 
Ford,  Champaign  and  Fayette  were  also  included  in  the  circuit,  thus  materially 
increasing  his  duties. 

On  the  expiration  of  his  term  Mr.  Bunn  resumed  the  private  practice  of 
law  as  a  partner  of  his  uncle,  A.  B.  Bunn,  and  for  the  past  twenty-two  years  he 
has  been  associated  in  business  with  Edwin  Park,  under  the  firm  name  of  Bunn 
&  Park.  His  practice  is  large  and  of  an  important  nature,  and  demands  thor- 
ough understanding  of  the  intricate  problems  of  jurisprudence.  That  he  is  lack- 
ing in  none  of  the  essential  elements  of  the  able  lawyer  is  indicated  by  the  many 
prominent  cases  which  he  has  won.  He  has  always  taken  an  active  interest  in 
the  questions  and  issues  affecting  the  welfare  of  his  state  and  nation  and  has 
been  a  leader  in  political  circles.  Until  about  twelve  years  ago  he  acted  with  the 
Republican  party,  but  on  the  organization  of  the  national  Prohibition  party  he 
joined  its  ranks,  and  has  since  been  a  stalwart  advocate  of  its  principles. 
Through  a  belief  in  the  justice  thereof,  and  not  through  any  hope  of  securing 
office,  he  has  consented  to  become  his  party's  candidate  for  the  office  of  state 
senator  and  for  judge  of  the  circuit  court.  He  is  active  and  influential  in 
religious  work,  and  for  the  past  forty  years  has  been  a  consistent  member  of 
the  Universalist  church. 

In  July,  1864,  he  was  united  in  marriage  to  Miss  Amanda  M.  Suits,  who 
was  born  near  Syracuse,  New  York,  and  they  have  two  children, — Frank  E. 
and  Edna  M. 

William  Thomas  Cussins,  numbered  among  the  leading  members  of  the 
Decatur  bar,  whose  practice  in  the  courts  of  Macon  county  extends  over  a  period 
of  more  than  a  quarter  of  a  century,  is  a  native  of  the  grand  old  '*Buckeye'*  state, 
his  birth  having  taken  place  in  the  city  of  Zanesville,  Muskingum  county.  Sep- 
tember 21,  1845.  His  father,  Samuel  A.  Cussins,  was  a  native  of  Pennsylvania, 
while  his  mother,  whose  maiden  name  was  Jane  M.  Cariens.  was  born  in  Mary- 
land. I  lis  father  was  a  carpenter  by  trade  and  did  considerable  contracting  and 
building,  also  spending  some  of  his  years  as  an  agriculturist. 

After  completing  his  common-school  education  Mr.  Cussins,  of  this  sketch, 
prepared  himself  for  college  in  Miller  Academy,  New  Washington,  Guernsey 
county,  Ohio.  Later  he  entered  Eureka  (Illinois)  College,  where  he  was  assist- 
ant professor  of  Latin  for  one  year  previous  to  his  graduation.  During  his  last 
years  of  college  student  life,  and  afterward,  he  served  efficiently  as  principal  of 
the  schools  of  Harristown,  Bement  and  Macon,  this  state.  He  has  always  taken 
great  interest  in  educational  matters  and  has  used  his  vote  and  influence  upon 
the  side  of  progress,  advocating  better  facilities  for  the  rising  generation. 

The  ancestors  of  Mr.  Cussins  were  noted  for  their  stanch  patriotism  and 
good  citizenship.    His  grandfather  Cussins  was  a  soldier  in  the  war  of  1812  with 


THE  BENCH  AND  BAR  OF  ILLINOIS.  585 

England  and  half  a  century  later  the  grandson,  our  subject,  took  up  arms  in 
defense  of  the  Union.  He  was  but  seventeen  years  of  age  at  the  time  of  his 
enlistment  in  Company  C,  One  Hundred  and  Thirty-ninth  Illinois  Infantry. 
For  generations  the  Cussins  have  been  adherents  to  the  principles  of  the  Demo- 
cratic party,  and  our  subject  is  no  exception  to  this  rule. 

A  few  years  after  the  close  of  the  war  Mr.  Cussins  began  the  study  of  law 
under  the  guidance  of  A.  B.  and  Lewis  Bunn,  and  was  admitted  to  the  bar  in 
1871,  after  passing  the  required  examination,  which  was  conducted  by  Judge 
A.  J.  Gallagher  and  W.  B.  Thompson,  state's  attorney.  The  young  man  imme- 
diately opened  an  office  in  Decatur  and  has  been  actively  engaged  in  practice 
here  ever  since.  He  won  the  favorable  opinion  of  his  associates  at  the  start,  and  the 
ensuing  years  have  but  served  to  strengthen  his  standing  as  a  member  of  the 
legal  profession  in  this  portion  of  the  county.  Gifted  by  nature  with  a  keen, 
clear  mind,  which  was  developed  by  a  liberal  education  and  experience  in  the 
school-room,  he  has  steadily  advanced  along  the  lines  of  mental  activity,  and 
possesses  quick  insight,  superior  judgment  and  fertility  of  resource.  He  man- 
ages his  cases  with  masterly  skill  and  tact,  and  the  success  which  he  has  achieved 
in  the  field  of  jurisprudence  attests  his  ability  and  thoroughness  in  the  applica- 
tion of  law. 

John  A.  Brown,  who  for  the  past  thirty-five  years  has  been  closely  identified 
with  the  progress  and  development  of  Decatur,  is  regarded  as  one  of  her  most 
enterprising  and  public-spirited  citizens.  Perhaps  no  one  is  more  thoroughly 
conversant  with  the  subject  of  landed  property  and  titles  in  Macon  county  than 
he,  as  he  has  given  his  entire  time  and  attention  to  this  branch  of  business  for 
many  years. 

A  native  of  Abington,  Plymouth  county,  Massachusetts,  born  July  23,  1843, 
Mr.  Brown  is  of  the  seventh  generation  from  one  of  the  founders  of  that  pretty 
town.  His  ancestor,  Rev.  Samuel  Brown,  with  his  little  flock  of  devout  disciples, 
settled  in  Abington  in  1632,  and  was  of  that  heroic  body  of  Pilgrims  who  bravely 
encountered  the  storms  and  privations  of  bleak  New  England  in  order  that  they 
might  enjoy  religious  freedom.  Both  of  the  grandfathers  of  our  subject  were 
soldiers  of  the  Revolutionary  war,  while  his  father,  Lysander  Brown,  was  a  hero 
of  the  war  of  181 2.  The  mother  of  John  A.  Brown  bore  the  maiden  name  of 
Polly  Cushing. 

The  first  seventeen  years  in  the  life  of  our  subject  were  spent  at  the  old  fam- 
ily homestead  in  Massachusetts;  but  he,  possessing  a  more  adventurous  and 
ambitious  spirit  than  most  of  his  ancestors,  determined  to  try  his  fortunes  in  the 
west,  and  in  1857  came  to  Illinois.  He  had  received  a  good  education  in  his 
native  state,  and  upon  his  arrival  here  he  obtained  a  position  as  a  teacher  in  the 
schools  of  Morgan  county.  In  1865  he  took  up  his  residence  in  Decatur,  teach- 
ing for  a  few  terms  and  later  becoming  editor  on  the  staff  of  the  daily  Repub- 
lican. His  connection  with  the  newspaper  continued  about  two  years.  In  1873 
he  commenced  the  study  of  law  under  the  direction  of  Hon.  A.  Brower  Bunn, 
and  was  admitted  to  the  bar  in  Mount  Vernon  in  1875.  He  at  once  began  the 
practice  of  his  profession  and  entered  into  partnership  with  F.  B.  Tait.    This 


S86  THE  BENCH  AND  BAR  OF  ILLINOIS. 

firm  was  very  successful  during  the  three  years  of  its  continuance,  but  since  the 
connection  was  severed  Mr.  Brown  has  been  alone  in  his  law  practice. 

For  a  period  of  sixteen  years  Mr.  Brown  was  a  master  in  chancery,  he  hav- 
ing been  appointed  to  that  office  in  Macon  county  in  1876.  Always  interested 
in  the  cause  of  education,  he  was  fittingly  appointed  to  serve  in  this  field  of  en- 
deavor, and  during  some  thirteen  years  was  the  treasurer  of  the  school  funds  of 
Decatur  township.  In  his  political  opinions  he  is  a  Republican,  loyal  and  inter- 
ested in  the  success  of  his  party.  During  the  Civil  war  he  enlisted  three  times 
and  also  took  a  zealous  part  in  the  organization  of  Union  Leagues.  Gradually 
he  has  drifted  into  the  real-estate  and  corporation  branch  of  law  and  represents 
various  firms  and  corporations,  besides  promoting  some,  from  time  to  time.  He 
is  a  strict  man  of  business,  active  and  energetic,  and  has  never  been  obliged  to 
lose  a  day  from  his  office  on  account  of  illness.  Taking  the  part  of  the  farming 
community,  Mr.  Brown  was  largely  instrumental  in  bringing  about  lower 
freight  and  passenger  rates  on  the  different  railroads  of  fhis  state,  as  he  and 
others  made  such  an  aggressive  stand  on  the  matter  that  legislation  was  resorted 
to,  and  our  present  laws  were  put  in  force. 

On  New  Year's  Day,  1868,  Mr.  Brown  married  Miss  Annie  L.  Fowler,  of 
Decatur.    They  have  two  daughters, — Alma  May  and  Jessie  Brown. 

Charles  H.  Layman  is  numbered  among  the  ablest  members  of  the  bar  of 
southern  Illinois,  and  his  extensive  legal  business  at  once  indicates  his  masterful 
skill  in  handling  the  intricate  problems  of  jurisprudence,  at  the  same  time  bring- 
ing him  a  substantial  financial  return  for  his  well  directed  energies.  He  was 
born  June  18,  1848,  in  Williamson  county,  Illinois,  and  is  a  son  of  John  D.  and 
Nancy  (Fitts)  Layman.  The  family  had  its  origin  in  the  Land  of  the  Alps,  and 
in  the  early  settlement  of  America  three  brothers  of  the  name  left  the  mountain 
crowned  country  of  Switzerland  to  seek  homes  in  the  New  World.  One  located 
in  New  York,  the  second  in  Ohio  and  the  third  in  Alabama,  and  it  is  from  the 
last  mentioned  that  our  subject  is  descended.  Numerous  representatives  of  the 
name  now  reside  in  Ohio  and  Pennsylvania.  The  father  of  our  subject  was  born 
and  reared  near  Huntsville,  Alabama,  whence  he  emigrated  to  Illinois  about 
the  year  1825.  He  died  on  the  28th  of  April,  1850,  near  Locust  Grove,  Franklin 
county,  this  state,  and  his  wife,  who  was  a  native  of  Tennessee,  died  in  Benton, 
May  30,  1886.  They  were  the  parents  of  eight  children:  Tabitha,  wife  of  Levi 
Browning;  S.  J.,  a  physician  of  Tamaroa,  Illinois;  Thomas  J.  and  Nerissa,  both 
deceased;  Eliza,  of  Benton;  Charles  H.;  Judge  M.  T.,  of  Jacksonville,  Illinois; 
and  Malissa  E.,  deceased. 

In  the  common  schools  of  his  native  county,  Judge  Layman  was  edu- 
cated, pursuing  his  studies  in  the  intervals  when  his  services  were  not  needed 
on  the  home  farm.  He  assisted  in  the  cultivation  of  the  fields  through  the 
summer  months,  and  often  in  the  winter  season  aided  in  clearing  land  for  the 
next  spring's  planting.  He  was  a  youth  of  industrious  habits,  fond  of  books, 
and  his  first  step  after  leaving  school  was  to  take  up  the  study  of  law.  He 
had  learned  through  history  of  the  men  who  had  won  honor  and  distinction  in  the 
legal  profession  and  with  an  inherent  love  of  justice  and  right  he  resolved  to 


6^V%.; 


'■■  .>.  .' 


I. 


•  •   I-   .      1  '1-   '1':.. 


ft  - 

'I  l(j\c  <»i   i'  -tl.  •.   an-     I  ^'t   ' 


THE  BENCH  AND  BAR  OF  ILLINOIS.  587 

acquaint  himself  with  the  science  which  underlies  our  laws  and  stands  as  the 
protection  of  life,  liberty  and  property.  After  thorough  and  systematic  prepara- 
tion he  was  admitted  to  the  bar  in  1868,  and  began  the  practice  of  law  in  Mur- 
physboro,  Illinois,  in  1870.  Steadily  he  worked  his  way  upward  in  his  pro- 
fession, and  the  ability  with  which  he  handled  the  intricate  problems  of  law  en- 
trusted to  his  care  led  to  his  selection  for  judicial  honors  in  1873,  when  he  was 
elected  county  judge  of  Jackson  county  for  a  four-years  term.  His  service  on  the 
bench  won  him  high  commendation.  He  discharged  his  duties  with  dispatch 
and  at  the  same  time  neglected  no  point,  however  minor,  and  his  decisions  were 
regarded  as  models  of  judicial  soundness.  In  1878  he  was  elected  to  the  state 
legislature  ^nd  the  following  year  was  appointed  by  President  Hayes  to  the 
position  of  United  States  attorney  of  Wyoming  territory.  He  has  been  engaged 
in  the  practice  of  law  in  Benton  since  1881,  and  has  been  connected  with  the 
most  important  litigation  heard  in  the  courts  of  southern  Illinois  during  that 
period.  He  is  renowned  for  his  careful  preparation  of  cases.  He  g^ves  to  the 
cause  entrusted  to  his  care  the  deepest  study  and  most  earnest  thought,  and  his 
thorough  familiarity  with  the  contested  points  makes  it  impossible  to  surprise  him 
along  any  line  of  attack  in  the  courtroom.  He  guards  the  interests  of  his 
clients  with  the  vigilance  with  which  he  cares  for  his  own.  He  is  especially 
strong  in  pleading  and  in  arg^iment,  and  the  logical  sequence  of  his  deductions  is 
rarely  called  into  question.  He  was  counsel  in  the  Pry  land  case,  reported  in 
the  109th  Illinois;  the  Mace  murder  case,  which  was  tried  in  Benton  in  1897 
and  was  the  primary  counsel  in  the  suit  in  reference  to  the  operation  of  passenger 
trains  in  addition  to  freight  trains.  This  important  case  was  heard  before  the 
court,  at  Benton,  January  9,  1894,  and  later  before  the  supreme  court  of  the  state, 
where  was  brought  to  light  a  fundamental  principle  of  law  that  had  lain  dormant 
in*  Illinois  for  half  a  century,  namely:  that  railroads  must  operate  passenger 
trains  in  addition  to  and  independent  of  freight  or  mixed  trains.  As  the  result 
of  the  learning  and  ability  of  Mr.  Layman  and  his  careful  and  thorough  prepara- 
tion this  case  was  developed  and  the  decision  rendered  has  had  an  important 
bearing  upon  similar  suits  since. 

During  the  civil  war  Mr.  Layman  gave  evidence  of  his  loyalty  to  the  Union 
by  enlisting  as  a  member  of  Company  B,  Eighty-ninth  Illinois  Volunteer  In- 
fantry, August  II,  1862.  For  almost  three  years  he  valiantly  aided  his  country, 
participating  in  many  a  hard  fought  battle,  and  when  victory  perched  aloft  on  the 
Union  arms  he  received  an  honorable  discharge,  on  the  24th  of  June,  1865.  His 
political  support  has  ever  been  given  to  the  Republican  party  and  he  is  a  stalwart 
champion  of  its  principles  and  policy.  He  belongs  to  the  Grand  Army  of  the 
Republic  and  was  commander  of  the  first  post  of  Franklin  county,  organized  in 
1867.  His  life  has  ever  been  characterized  by  fidelity  to  all  civil,  military  and 
professional  duties,  and  Benton  numbers  him  among  her  valued  citizens. 

Thomas  J.  Layman  left  an  indelible  impression  on  the  public  life  of  Benton, 
Franklin  county.  No  citizen  of  the  community  was  ever  more  respected  and  no 
man  ever  more  fully  enjoyed  the  confidence  of  the  people  or  more  richly  de- 
served the  esteem  in  which  he  was  held.     As  a  lawyer  he  stood   pre-eminently 


588  THE  BENCH  AND  BAR  OF  ILLINOIS. 

high,  and  through  thirty  years  was  recognized  as  one  of  the  most 'able  practition- 
ers in  corporation  law  in  his  part  of  the  state.  In  the  ^'learned  professions"  ad- 
vancement must  depend  upon  individual* merit;  influence  cannot  secure  it,  nor 
wealth  purchase  it.  It  was  by  earnest  and  systematic  preparation  and  a  contin- 
ued study  of  the  principles  of  jurisprudence  that  Mr.  Layman  won  and  retained 
an  enviable  position  among  his  fellow  members  of  the  bar.  all  of  whom  held  him 
in  the  highest  regard,  by  reason  of  his  great  fairness  and  courtesy  to  an  oppo- 
nent. 

A  native  of  Franklin  county,  Illinois.  Mr.  Layman  was  born  on  the  8th  of 
Januar>',  1838.  and  was  a  brother  of  Judge  Charles  H.  Layman,  whose  sketch 
precedes  this.  He  was  indebted  to  the  common  schools  for  the  educational 
privileges  he  received,  and  extensive  reading  in  later  years  broadened  his  fund 
of  general  knowfe^dge.  At  the  age  of  nineteen  he  began  teaching  school  and  also 
studied  law  under  the  preceptorage  of  Judge  Andrew  D.  Duff,  of  Benton,  Illi- 
nois, and  continued  thus  to  occupy  his  time  until  May,  i86t,  when  President 
Lincoln  issued  his  first  call  for  seventy-five  thousand  volunteers,  to  crush  out 
the  rebellion  in  its  incipiency.  He  joined  the  boys  in  blue  of  Company  C,  Eigh- 
teenth Illinois  Infantry,  commanded  by  Captain  William  S.  Crawford,  but  his 
health  became  impaired  and  he  was  discharged  on  the  9th  of  December  fol- 
lowing. 

For  some  months  after  returning  to  the  north  Mr.  Layman  suffered  from  the 
effects  of  his  army  life.  When  he  had  sufficiently  recovered  he  resumed  the  study 
of  law  under  the  direction  of  Judge  Duff,  and  in  1862  was  admitted  to  the  bar. 
by  the  supreme  court  of  Illinois.  Later  he  was  admitted  to  practice  in  the  federal 
and  supreme  courts  of  the  United  States,  and  in  his  profession  enjoyed  a  con- 
stantly increasing  clientage.  The  zeal  with  which  he  devoted  his  energies  to  Ijis 
profession,  the  careful  regard  evinced  for  the  interests  of  his  clients,  and  an  as- 
siduous and  unrelaxing  attention  to  all  the  details  of  his  cases,  brought  him  a 
large  business  and  made  him  very  successful  in  its  conduct.  His  arguments 
elicited  warm  commendation,  not  only  from  his  associates  at  the  bar,  but  also 
from  (the  bench.  He  was  also  a  very  able  vvriter,  his  briefs  showing  wide  re- 
search, careful  thought  and  the  best  and  strongest  reasons  which  could  be  urged 
for  his  contention,  presented  in  cogent  and  logical  form,  and  illustrated  by  a 
stvlc  unusually  lucid  and  clear.  Durinc:  the  last  vears  of  his  life  he  devoted  most 
of  his  time  to  suits  involving  land  titles  and  to  those  involving  the  validity  of 
bonds  issued  by  counties  and  other  municipal  corporations  to  railroads,  and  his 
success  in  that  line  wcmi  him  a  reputation  that  but  few  lawyers  of  the  present  day 
can  claim.  He  had  several  bond  cases  pending  in  the  federal  courts  at  the  time 
of  his  death,  an^ong  them  the  suit  relating  to  the  bonds  of  Perry  county,  amount- 
ing to  two  hundred  thousand  dollars,  but  in  this  case,  as  in  almost  all  others,  as 
was  his  custom  and  rule  of  life,  his  case  was  all  prepared  and  almost  all  of  his 
work  done  in  advance  of  the  call. 

Mr.  Layman  was  married  May  14,  1868,  to  Miss  Elizabeth  R.  Lemen,  a 
daughter  of  John  Lcmcn,  of  DuQuoin,  and  they  became  the  parents  of  four 
children:    John  C,  Mattie  P>.,  Carrie  and  Thomas  J.    As  a  husband,  father  and 


THE  BENCH  AND  BAR  OF  ILLINOIS.  589 

neighbor  the  affection  and  kindness  of  our  subject  knew  no  bounds.  His  home 
relations  were  ideal,  and  he  regarded  no  personal  sacrifice  too  great  that  would 
enhance  the  welfare  or  happiness  of  his  family. 

In  politics  Mr.  Layman  was  a  stalwart  Republican  from  the  time  when  he 
cast  his  first  presidential  vote  for  Abraham  Lincoln,  in  i860,  and  he  supported 
that  party  when  it  required  personal  heroism  to  do  so.  He  was  not  a  politician 
and  sought  no  political  honors.  He  was  often  urged  to  become  a  candidate  for 
office,  and  would  undoubtedly  have  been  elected  to  the  circuit  bench  had  he  not 
dechned  the  honor.  He  also  received  the  support  of  the  bench  and  bar  of  Illi- 
nois and  a  large  number  of  the  Illinois  representatives  and  senators  in  congress 
for  the  office  of  judge  of  the  "private-land  court."  His  integrity  of  character  and 
many  generous  qualities,  together  with  his  remarkably  kind  and  cordial  address, 
won  for  him  personal  popularity  and  the  highest  respect.  He  died  at  his  home 
in  Benton,  January  15,  1892,  thus  ending  a  life  which  would  bear  the  closest 
scrutiny  of  the  Higher  Court. 

Judge  Daniel  M.  Browning  has  exemplified  in  his  career,  in  a  marked  de- 
gree, what  a  high  position  a  young  man  may  rise  to  in  this  country,  provided 
that  he  possess  natural  ability,  perseverance  and  honest  determination  to  suc- 
ceed. Not  very  many  men,  however,  can  boast  of  having  accomplished  so  much 
as  he  to  whom  this  tribute  is  penned.  His  talents  were  recognized  and  his  unu- 
sual merits  canvassed  when  he  was  just  entering  upon  manhood,  with  the  result 
that  he  was  placed  on  the  bench  of  the  county  court  of  Franklin  county  before 
he  had  seen  the  twenty-fourth  anniversary  of  his  birth.  His  personal  popularity 
was  such  that  overwhelming  majorities  of  the  opposition  party  were  overcome 
in  his  favor,  and  time  after  time  he  was  re-elected.  Having  held  the  judgeship 
for  the  long  period  pi  sixteen  years,  and  not  yet  having  reached  two-score  years, 
he  retired  to  private  life  and  has  since  conducted  a  flourishing  and  lucrative 
practice. 

A  native  of  Benton,  Franklin  county,  Daniel  Monroe  Browning  was  born 
October  11,  1846,  his  parents  being  William  R.  and  Lydia  Browning.  His 
father  was  likewise  a  native  of  this  county,  his  birth  having  occurred  in  1810. 
He  was  one  of  the  pioneers  of  this  section  at  a  time  when  there  were  very  few 
residents  here,  and  he  is  justly  entitled  to  be  called  one  of  the  founders  of  this 
county's  prosperity.  He  was  a  man  of  superior  ability,  largely  self-made  and 
self-educated,  and  no  one  was*  held  in  .higher  esteem  in  this  community  than  he. 
When  well  along  in  life  he  took  up  the  practice  of  law,  and  at  one  time  or 
another  he  occupied  almost  all  of  the  county  offices  within  the  g^ift  of  his  fellow- 
citizens.  His  death,  which  occurred  in  this  county  June  29,  1866,  was  looked 
upon  as  a  great  public  loss. 

The  boyhood  of  Judge  Browning  passed  quietly  and  without  important 
event,  save  that  the  great  Civil  war,  which  came  on  when  he  had  reached  an  im- 
pressible age,  made  a  lasting  mark  upon  his  mind  and  apparently  added  years 
to  his  powers  of  judgment  and  methods  of  viewing  the  great  questions  of  life. 
Those  "times  which  tried  men's  souls"  could  not  fail  to  leave  indelible  impres- 
sions upon  the  minds  of  all,  and  a  few  months,  ofttimes,  ripened  the  unthinking 


590  THE  BENCH  AND  BAR  OF  ILLINOIS, 

youth  into  the  man  of  sober  thought  and  matured  judgment.  Young  Browning 
was  privileged  to  receive  an  academic  education,  after  completing  which  he 
entered  upon  the  law  course  in  the  State  University  of  Indiana,  and  was  grad- 
uated there  in  June,  1866.  The  same  month  he  passed  an  examination  before 
the  supreme  court  of  Illinois  and  was  admitted  to  the  Bar  of  the  state  before  he 
was  twenty  years  of  age.  He  at  once  opened  an  office  and  embarked  in  the 
practice  of  his  chosen  profession.  His  initial  work  in  this  direction  was  con- 
ducted in  the  town  of  Benton,  where  he  had  been  born  and  brought  up,  and  per- 
haps the  ambitious  young  lawyer  found  out  the  truth  of  the  old  saying,  that  "a 
prophet  is  not  without  honor  save  in  his  own  country."  At  any  rate,  he  deemed 
it  best  to  teach  in  the  public  schools  for  a  year  or  two  thereafter,  while  waiting 
for  added  years  and  dignity  and  experience. 

From  the  time  that  he  first  received  the  right  of  franchise  until  the  present 
Judge  Browning  has  been  a  zealous  Democrat.  His  personal  worth  and  popu- 
larity led  to  his  being  elected  county  judge  of  his  home  county  in  November, 
1869,  and  so  well  did  he  satisfy  the  wishes  of  the  people  that  he  was  their  candi- 
date again  in  1873  ^"^  ^^77>  almost  no  opposition  being  encountered  by  his 
friends.  In  June,  1879,  he  was  further  honored  by  being  elected  circuit  judge  of 
the  first  judicial  circuit  of  Illinois.  His  ability  and  high  standing  in  the  estima- 
tion of  the  people  and  the  profession  which  he  adorns  may  be  judged  by  the  fact 
that  this  circuit  gave  him  a  flattering  vote,  whereas  it  is  usually  Republican  by 
a  majority  of  two  thousand  or  more.  Since  June,  1885,  he  has  been  engaged  in 
private  practice.  April  17,  1893,  Judge  Browning  was  appointed  by  President 
Cleveland  to  the  office  of  commissioner  of  Indian  affairs,  and  continued  to  dis- 
charge the  duties  of  that  position  until  May  2,  1897,  and  he  then  removed  from 
his  old  home  in  Benton  to  East  Saint  Louis,  where  he  entered  into  partnership 
with  the  Hon.  W.  S.  Forman,  with  whom  he  has  since  been  associated.  In  1882 
he  was  elected  grand  master  of  Masons  of  Illinois  and  a  year  later  was  re-elected 
to  said  position.  Since  he  was  seventeen  years  of  age  he  has  been  a  member  of 
the  Baptist  church  of  Benton. 

October  11,  1866,  the  twentieth  anniversary  of  his  birth,  Judge  Browning 
married  Miss  Tirzah  Isabel  Naylor,  of  Benton.  They  have  three  living  children, 
namely:  Olive,  wife  of  Professor  S.  B.  Whittington,  of  the  Southern  Illinois 
Normal  University;  Elsie,  wife  of  Robert  A.  Cochran,  superintendent  of  the 
Ouapaw  Indian  school  at  Baxter  Springs,  Kansas;  and  H.  Leroy,  a  young  man 
of  twenty-three  years,  now  engaged  in  the  practice  of  law  in  partnership  with  his 
father  in  East  Saint  Louis.  Pie  is  a  graduate  of  the  law  department  of  the 
Columbian  University,  of  Washington,  D.  C,  and  was  recently  appointed  United 
States  commissioner  for  the  state  of  Illinois. 

Carroll  C.  ^I.  \  an  B.  Payne  has  been  during  his  entire  life  numbered  among 
the  inhabitants  of  Franklin  county,  and  is  a  representative  citizen  of  Benton. 
He  has  always  firmly  upheld  good  laws  and  government,  and  when  the  peace 
and  stability  of  his  loved  country  was  threatened  at  the  outbreak  of  the  civil  war 
he  took  up  arms  against  the  enemies  of  the  Union,  and  bravely  fought  for  the 
cause  which  he  believed  to  be  right. 


THE  BENCH  AND  BAR  OF  ILLINOIS.  591 

The  family  whence  our  subject  sprang  has  long  been  considered  one  of  the 
prominent  ones  of  this  section  of  the  state.  His  father,  Lewis  G.  Payne,  was  an 
influential  farmer  of  Franklin  county,  and  at  various  times  occupied  official  posi- 
tions/ of  trust  and  responsibility.  For  years  he  was  a  justice  of  the  peace  and 
school  commissioner,  and  the  higher  offices  of  sheriff  and  county  treasurer  also 
were  his.  For  some  time  he  served  in  the  capacity  of  deputy  county  clerk  and 
was  a  member  of  the  county  court.  Born  in  North  Carolina  in  1811,  he  lived  to 
see  his  eighty-second  anniversary,  his  death  occurring  in  1893.  He  married,  in 
his  young  manhood.  Miss  Charity  Brilton.  The  traditions  of  the  Payne  family 
trace  the  origin  of  the  family  in  the  United  States  to  three  brothers  of  the  name 
who  settled  here  in  early  colonial  days.  They  were  of  sturdy,  industrious,  pros- 
perous Scotch-Irish  stock,  and  many  of  their  best  characteristics  have  been 
transmitted  to  their  descendants. 

Carroll  Carlin  Martin  Van  Buren  Pavne  was  born  in  Franklin  countv,  Illi- 
nois,  January  26,  1839.  When  he  was  old  enough  he  was  sent  to  the  subscription 
schools  of  the  day,  and  subsequently  he  was  a  student  in  the  schools  which  were 
managed  on  the  present  system.  Completing  the  limited  curriculum  of  these 
schools  about  1858,  he  soon  commenced  the  study  of  law  under  the  guidance  of 
Zebedee  Hammock,  of  Tamaroa,  Perry  county,  Illinois.  He  was  not  then  strong 
enough  for  the  arduous  labor  of  the  farm,  and  this  fact  led  to  his  taking  up  a 
quieter  occupation.  His  studies,  however,  were  interrupted  about  this  time  by 
the  war  of  the  Rebellion. 

In  September,  1862,  he  tendered  his  services  to  the  Union,  enlisting  in  Com- 
pany F,  One  Hundred  and  Tenth  Regiment  of  Illinois  Volunteer  Infantry. 
Though  he  was  but  twenty-three  years  of  age  he  was  elected  first  lieutenant  of 
the  company  and  discharged  the  duties  of  that  office  with  fidelity  and  zeal,  win- 
ning the  commendation  of  his  superiors  and  comrades  alike.  Upon  returning 
from  the  southern  battlefields  he  resumed  his  legal  studies,  finishing  his  educa- 
tion in  that  line  under  the  preceptorage  of  Judge  A.  D.  Duff,  of  the  Benton  Law 
School.  He  was  examined  by  Judge  W.  J.  Allen  and  E.  V.  Pierce  and  was  ad- 
mitted to  the  bar,  since  which  time  he  has  been  engaged  in  practice,  with  little 
interruption.  In  1864  and  1865  he  served  as  circuit  clerk  and  in  1868  was  elected 
to  the  Illinois  legislature.  He  has  always  been  a  stalwart  Democrat,  and  has 
frequently  made  stirrring  speeches  for  his  party  principles  and  nominees.  At 
present  he  is  acting  in  the  office  of  United  States  commissioner,  having  been 
appointed  by  Judge  W.  J.  Allen.  Prior  to  this  he  was  a  police  magistrate  in 
Benton,  from  1889  to  1895.  In  his  religious  views  he  coincides  with  the  creed  of 
the  Missionary  Baptist  church. 

The  marriage  of  Mr.  Payne  and  Eliza  R.  Penny  was  solemnized  April  14, 

1864,  in  Benton.  Mrs.  Payne  was  born  in  Benton  and  was  here  reared  to  woman- 
hood. Her  parents  were  pioneers  of  this  county,  coming  here  from  Lebanon, 
Tennessee.     The  eldest  child  of  our  subject  and  wife  is  Edwin,  born  April  2, 

1865,  ana  the  other  children  are  Minnie,  Philip  Duff,  Lester  Bond,  William 
Judson,  John  Lewis,  Mary  Jennette  and  Beatrice. 

William  H.  Hart,  an  enterprising  member  of  the  Benton  bar,  has  been  asso- 


592  THE  BENCH  AND  BAR  OF  ILLINOIS. 

ciated  with  William  F.  Spiller  under  the  firm  name  of  Hart  &  Spiller  for  the 
past  four  years  in  this  place.  He  is  an  able  exponent  of  the  law  and  stands  high 
in  the  estimation  of  his  fellow  citizens  and  his  professional  brethren  in  Franklin 
county.  Some  eight  years  ago  he  engaged  in  his  chosen  life  w^ork  here,  and 
from  that  time  to  the  present  he  has  enjoyed  an  extensive  and  lucrative  practice. 
Possessing  a  clear,  logical  mind  and  thorough  knowledge  of  the  law,  he  prepares 
his  cases  with  directness  and  dispatch,  and  when  appearing  before  judge  and 
jury  proceeds  directly  to  the  point  at  issue,  without  waste  of  time  or  words.  His 
concise,  straightforward  arguments  carry  conviction  and  weight,  and  rarely  fail 
of  their  desired  effect. 

The  parents  of  Mr.  Hart  were  poor,  but  industrious,  honorable  and  noble 
Christian  people.  The  father,  William  Jasper  Hart,  is  still  living  and  is  hale  and 
hearty,  his  home  still  being  on  the  old  homestead,  which  he  has  managed  for 
many  years  with  skill  and  success.  His  w^ife,  whose  maiden  name  was  Sarah  Ann 
Murphy,  a  most  estimable  woman,  died  in  1876,  a  faithful  member  of  the  Mis- 
sionary Baptist  church.  She  was  of  Irish  ancestry,  while  W.  J.  Hart  is  of  Eng- 
lish descent. 

William  Henry  Hart  was  born  August  31,  1862,  at  Lake  Creek,  Williamson 
county,  Illinois.  In  his  early  boyhood  he  attended  the  district  schools  in  the 
vicinity  of  his  country  home,  and  when  he  was  fifteen  he  commenced  attending 
the  public  schools  in  Benton.  In  1881  he  left  his  high-school  studies  in  order  to 
assume  charge  of  a  district  school  in  this  (Franklin)  county,  and  for  the  following 
nine  years  he  was  engaged  in  educational  work  in  this  section  and  in  De  Soto, 
Jackson  county;  Coulterville,  Randolph  county,  and  Harrisonville,  Monroe 
county,  Illinois.  In  1867  he  had  removed  with  his  father  to  this  county,  and 
since  1877  he  has  looked  upon  Benton  as  his  home.  At  first,  in  his  career  as  an 
educator,  he  received  but  twenty-six  dollars  a  month,  but  gradually  his  services 
were  better  paid,  and  during  the  years  that  he  acted  in  the  capacity  of  principal 
his  remuneration  was  quite  adequate  to  meet  his  expenses  and  to  provide  many 
of  the  luxuries,  as  well  as  necessities,  of  life.  His  ambitions  had  not  yet  been 
satisfied,  however,  and  he  decided  to  enter  the  legal  arena  and  strive  for  a  foot- 
hold. He  had  not  been  long  engaged  in  practice  in  Benton  ere  he  was  nom- 
inated for  the  office  of  village  attorney,  and  was  duly  elected.  He  has  always 
affiliated  with  the  Democratic  party,  and  in  1898  was  their  nominee  for  the  county 
judgeship,  and  is  now  the  county  judge  of  Franklin  county.  For  two  years 
he  had  an  office  with  Hon.  D.  M.  Browning  and  W.  S.  Cantrell,  but  since  1894 
he  has  been  in  partnership  with  W.  F.  Spiller.  They  represent  the  Benton  State 
Bank  and  the  Chicago  &  Eastern  Illinois  Railroad  Company  as  attorneys  and 
receive  the  patronage  of  a  large  share  of  the  local  population. 

Mr.  Hart's  home  is  in  the  town,  but  he  also  owns  and  manages  a  fine  farm 
of  one  hundred  and  twenty  acres  in  this  vicinity.  He  is  active  in  the  Democratic 
party  and  during  the  last  presidential  campaign  was  a  strong  and  influential 
champion  of  "free  silver"  and  Bryan.  He  is  in  favor  of  giving  suffrage  to  women, 
and  is  strongly  antagonistic  towards  the  licensing  of  saloons.  Since  1897  he  has 
been  a  Master  Mason,  but,  though  he  freely  acknowledges  the  good  that  is 


THE  BENCH  AND  BAR  OF  H.LINOIS.  593 

wrought  by  secret  societies,  he  believes  that  the  country  would  be  better  off  if 
no  such  orders  existed.  It  is  his  firm  opinion  that  the  cause  of  Christ  suffers  to 
a  certain  extent,  financially  and  otherwise,  by  the  presence  of  the  various  secret 
fraternities,  and  that  the  church  was  created  to  meet  all  needs  of  social  and  frater- 
nal association.  He  is  one  of  the  members  and  trustees  of  the  Christian,  or 
Disciples'  church  of  Benton,  as  is  also  his  wife. 

August  29,  1890,  Mr.  Hart  married  Mary  Ward  East,  in  Coulterville,  Illi- 
nois. At  the  time  of  their  marriage  Mrs.  Hart  was  a  teacher  in  the  public  schools 
of  Coulterville,  where  she  had  been  employed  for  several  terms,  meeting  with 
success  as  an  instructor  of  the  young.  She  is  a  daughter  of  S.  M.  East,  a  drug- 
gist and  well-to-do  business  man  of  that  town.  The  two  children  who  brighten 
the  home  of  Mr.  and  Mrs.  Hart  by  their  presence  are  William  Ward,  born  July 
19,  1894,  and  Marion  Murphy,  born  May  24,  1896. 

William  F.  Spiller  is  one  of  the  most  wide-awake  and  popular  attorneys  at 
the  bar  of  Franklin  county.  A  native  of  this  county,  he  has  passed  almost  his 
whole  life  within  its  boundaries,  and  here,  where  he  is  so  well  known,  naught  but 
good  is  said  of  him,  and  kind  wishes  follow  him  wherever  he  goes.  He  is  now  a 
junior  partner  in  the  firm  of  Hart  &  Spiller,  which  firm  disposes  of  a  goodly  por- 
tion of  the  law  cases  of  Benton  and  surrounding  country. 

While  he  stands  deservedly  high  in  professional  circles,  Mr.  Spiller  is  no  less 
a  favorite  in  the  political  ranks  of  the  Democratic  party.  Four  years  prior  to 
his  admission  to  the  bar  of  Franklin  county  he  was  elected  to  the  office  of  circuit 
clerk,  and  acted  in  that  capacity  until  1888,  a  term  of  four  years.  He  was  further 
honored  in  1892,  when  he  was  elected  as  state's  attorney,  his  term  expiring  in 
1896.  He  proved  a  thoroughly  practical  and  efficient  official^  prompt,  reliable 
and  trustworthy.  It  is  said,  and  truly,  that  he  might  have  almost  any  public 
office  within  the  gift  of  the  people  of  his  acquaintance,  but  he  is  modest  and  re- 
served, and  is  not  an  office-seeker  in  anv  sense  of  the  term. 

William  F.  Spiller  was  born  February  27,  1858,  in  this  county,  as  previously 
mentioned,  his  parents  being  Perian  B.  and  Xancy  K.  (Osten)  Spiller.  The 
father  was  of  Irish  descent,  while  the  mother  was  of  German  extraction.  The 
boyhood  of  our  subject  was  spent  in  the  usual  routine  work  of  a  farm,  his  educa- 
tion being  that  afforded  by  the  district  schools,  supplemented  by  a  fifteen-months 
course  in  the  Northern  Indiana  Normal  School,  at  Valparaiso,  Indiana.  Re- 
turning home  from  that  well  known  educational  institution,  young  Spiller  en- 
gaged in  teaching  in  this  county  and  continued  in  that  field  of  endeavor  for 
seven  years, — from  1878  to  1885.  During  this  period  he  taught  school  for  one 
year, — the  winter  of  1880-81, — in  Kansas,  and  while  there  began  the  study  of 
law  under  the  instruction  of  A.  H.  Skidmore,  of  Columbus,  that  state.  When  he 
returned  to  this,  his  native  county,  he  entered  the  law  office  of  Judge  Browning, 
and  having  completed  the  required  amount  of  study,  was  admitted  to  the  bar  in 
t888,  in  Mount  Vernon.  The  law  class  of  which  he  was  a  member  was  dubbed 
the  **cyclone"  class,  owing  to  the  fact  that  a  cyclone  struck  the  town  of  Mount 
Vernon  at  the  time  that  he  and  his  fellow  students  were  to  be  examined,  and  said 

38 


594 


THE  BENCH  AND  BAR  OF  ILLINOIS. 


exercises  were  necessarily  deferred  to  a  later  date.  He  has  been  prospered  since 
he  became  a  full-fledged  attorney  and  is  yearly  enlarging  the  sphere  of  his  use- 
fulness and  activity. 

February  25,  1883,  Mr.  Spiller  married  Miss  Ella  Harrison,  a  daughter  of 
Captain  Isham  Harrison.  Five  children  blessed  their  union,  but  the  three  sons 
are  deceased,  and  only  two  little  daughters,  Clara  atid  Pearl,  remain  to  brighten 
the  home.  Mr.  and  Mrs.  Spiller  are  members  of  the  Christian  church  and  are 
active  and  interested  in  all  good  works. 


t  I 


X/-? 


:  ^-  -  1  y.