Bureau County, Illinois - Chapter 10: Couhts and Bar, 1906

Chapter 10: Couhts and Bar

The Princeton bar has always been noted for its exceptionally clean and able men. The people feel that when they place their business matters in the hands of the lawyers at this bar that they will be fairly and intelligently represented. This is a distinction of which any community may well feel proud, for our professional men are only the exponents of the citizenship which they represent. From its inception this bar has had more than a local reputation for integrity, fair dealing and ability, and whenever any of them have been called to high and trustworthy positions they have filled them with satisfaction to the public and with credit to themselves. It is not our intention to unduly eulogize the legal profession, but to place it fairly before the public in the light of our experience and observation and in so doing wo are not sifting out any tares from the wheat, but submit this as a matter of generalization. Simon Kinney is said to be the first lawyer to settle in Bureau eoinily. Tlis honi<> was in I ndianfown. excii before the organization of the county. Judge Martin Ballou was the second lawyer to locate here, lie had a long and successful life, filled many ydaces of trust, and in 1857 was elected circuit judge, his term expiring in 1861. He passed away only a few vears since, ripe in years and respected by all. H. 0. Merriman and Mr. Sloan were here for a short time only, then located elsewhere. A man named Alexander came here from Virginia some time in the thirties, but stayed but a sliort time. He had the reputation of being a noisy and loquacious character, bordering on recklessness. In 1840 a lawyer bv the name uf Hauchett came to Princeton, but only lived a short time after his arrival. One of the early lawyers was Judge W. A. Eraser. Bradley, in his history, tells of Judge Praser the following story. Where he obtained his information we do not know, but probably from the Hon. John H. Bryant. It is said he was judge in some of the United States courts, probably in the territorial days of Wisconsin. In the town where he was located as judge there were other attorneys ambitious for his position, and taking advantage of his condition, at one time, they notified the president that Eraser was dead (drunk), but they omitted the parenthetical part, so the president appointed another to the supposed vacancy. But Eraser accepted the situation and took great delight in after years, when in a certain condition, in telling the story of his removal. He died in Princeton, in 1858. William Cole came here from Kentucky in 1844 and practiced his profession until his death, which occurred in 1850. Governor Thomas Ford held court here in 1839. The circuit at that time embraced nearly all of northern Illinois. The records show that as late as 1849 this circuit comprised the counties of Peoria, Putnam. Bureau, La Salle, Lee, Ogle, Kane, DeKalb and Marshall. James Fencher, a bright and gifted young man, came here in 1846, but lived only two years, dying in 1848, in the age of twenty-eight. Few only at the present time remember this young man, but those who do are warm in the praise of his manly ways and manv virtues. He was buried in the old burying ground on the Moseley road, south of the Presbyterian Church. It seems sad to think that a young life so full of energy and hope should sink to utter oblivion so soon, but such is the inevitable. Charles L. Kelsey came to Princeton in 1S44 at the age of twenty-six. He was a great admirer of Owen Lovejoy, and always stood ready to go at his call to assist in any of his struggles for mankind. He died in Chicago in 1857. Selby Doolittlc came in 1845 and died in 1848. Milo Kendall came in 1845 from Vermont. Mr. Kendall enjoyed the distinction of being the oldest member of the Princeton bar for many years. No one who knew Uncle Milo Kendall intimately could help feeling, as they came in contact with him, that they stood in the presence of one of God's noblemen. He was a man of broad views and majily ways, but the pale horse with its rider came and touched the seat of life and he passed over the boundary of time on December 25, 1905, at the advanced age of eighty-six. George W. Stipp came to Princeton in 1853. He was born in 181S in Ohio. His early advantages were very limited. Being reared amid the scenes and jirivations of frontier life, he naturally absorbed many of the conventional characteristics of those early days. He was admitted to the bar in Mason countv, Illinois, in

1848. Judge Stipp was a man of great native ability. This ability soon brought him into prominence, and four years after settling here he vTis elected to the oflk-e of district attorney. When the war broke out he enlisted in Company B, Yates' Sharpshooters; his health failed liim, and he returned to Princeton in 1862 with the rank of major. In 1879 he was elected judge of the ninth judicial district and was re-elected in 1885 and 1891. He died January 30, 1899, having lived over four score years. Milton T. Peters came to Princeton from Iowa in 184T. He was originally from Ohio. He practiced law here for several years, then moved back to Iowa, and then went to Chicago, and again returned to Princeton, and at different times was associated with Eckels & Kyle, R. R. Gibons and R. M. Skinner. J. I. Taylor located in Princeton in 1847. He was a native of Kentucky; married a daughter of Cyrus Langworthy. Mr. Taylor was admitted to the bar in 1841 when but nineteen years of age. He practiced law in Princeton for twenty-eight years. He died in Geneva, Switzerland, in the summer of 1876, aged fifty-four years. Judge Samuel Richmond came here in 1850 and carried on a law practice for abO|Ut five years, then moved to Marshall county. John M. Grimes came here about 1850 and practiced his profession for about ten years, wlien he moved to Chicago, where lie died. His body was brought to Princeton for burial. His family resided here for many years afterwards. John Porter, Jr., came here from Pennsylvania in 1854 and remained about six years, then returned to his native state. Levi North was one of the early lawyers of the Princeton bar. He moved to Kewanee, where he lived the rest of his life. J. J. Herron, a native of Pennsylvania, came to Princeton in 1862 and was in partnership with J. I. Taylor. He was elected to the legislature in 1876 and again in 1878. He is remembered as one of the able men of this bar. He died in 1878. Col. Robert Winslow came in 1S56 and formed a partnersliip with Milton Peters. After the war he was located in Lacon. George 0. Tde also eanie in 1856. He was from Massachusetts, where he had acquired his professional training before coming west. In 1857 he went info partnership with Milo Kendall, which lasted until he went to Chicago in 1871. He and George L. Paddock were partners after he went to the city. He died a few years ago as a result of an accident. About this time G. Gilbert Gibons came here and remained until 1875, when he removed to Chicago. He was held in high esteem by the legal profession. George L. Paddock and Wiliam M. Zearing were two more attorneys who left Princeton for Cliicago. Charles Baldwin came td tlic I'i'incoton bar in 1S.")S. Imt gave most of his lime til business iiislcail nl' liis pi-ofession. He served in the lower limisi' of the Icaislnl iii'c and was chairman of the judiciary committee at the time of his death in 1882. Lyman Kendall fitted for the bar in Princeton, but located in Des :\Ioines, Iowa, but moved to Port McHenry, where he died at the age of twenty-nine. He is said to have been one of the brightest young lawyers that this county has produced. John T. Kyle came to Bureau county in 1857 and formed a partnership with James S. Eckles, which continued until his death, which occurred December 31,. 1905. Mr. Kyle was a graduate of Jefferson college, Pennsylvania. Hon. Owen Lovejoy was a licensed lawyer, although he did not practice law as a profession. Owen G. Lovejoy was admitted to the bar in 1873. He was a great student, and was considered by the members of the bar as a very safe eoimsellor in regard to points in law. He died but a few years ago in the prime of his young manhood.

C. C. Warren came to Princeton in 1870. Mr. Warren was one of the ablest men that ever practiced at this Ijar. He was logical, forceful, and elocjuent. He was elected state's attorney in 1872 and again in 1880, and moved to Ida Grove, Iowa, in 18S4, where he died about two years ago.

S. M. Knox came to Bureau county in 1850, was admitted to the bar in 1861, and was elected county judge the same year. He has not given his attention to law since 1867. He now lives in Kansas.

John Scott was admitted to the bar in 18G6. He was born in Ohio in 1837, and came to this county with his father in 1844. His death occurred a few years ago.

Captain R. R. Gibons was born in Pennsylvania in 1840 and came to Bureau county in 1857. After the war he studied law with Stipp & Gibons and was admitted to the bar and practiced for many years. He served one term as county judge, being elected in 1890. He died in 1898. " Captain Gibons was a large-hearted and genial man and will long be remembered throughout the county.

Jesse Emerson was born in Massachusetts in 1824. He came to Bureau county with liis father in 1836, and settled in French Grove, about where Buda now stands. Judge Emerson was admitted to the bar in 1858. In 1873 he was elected county judge and served one term. His death occurred a few years since at his home in Buda.

General Thomas J. Henderson has been a member of the Princeton bar for many years, but has not given his attention to his profession since his first election to Congress in 1874.

Judge II. M. Trimble was admitted to the bar in 18UT and was elected county judge in 188T, and served in that capacity until ISiiO; was again elected county judge in 1894 and served until 1S9T, when he was elected and couimissioned circuit judge of the ninth judicial district.

Judge R. M. Skinner was admitted to the bar in 1872; was elected state's attorney in 1876 and again in 1888. and was elected circuit judge in 1903.

Caro Trimble, W. K. Trimble, and E. M. Young \7ere admitted to the bar in 1892; Ora H. Porter in 1891; Iv. L. Russell and Ira C. Gibl)ons in 1885; Z. S. Hills in 1897; George S. Skinner in

William Hawthorne, C. N. Hollerich, Charles W. Knapp, John L. Murphy, and John J. Massicon. Spring Valley; M. A. Stiver, E. 0. Mathis, and E. 0. Wooley, Walnut; S. P. Prescott, Arlington; H. A. Stanard, La Moille, and Paul R. Van Der Vort, Tiskilwa.

The act which provided for the organization of Bureau county also provided that it should become a part of the sixth judicial district and that there should be two terms of court each year. Daniel Stone of Peoria was the presiding judge; accordingly he issued his proclamation convening the court at Princeton on the fourth Monday in June, 1838. On the day appointed the court was opened in the Hampshire Colony church. The officers present were: Daniel Stone, judge; Cyrus liryant. clerk; Cyrus Laiigwnrlhy. sherifl' ; Edward Southwick, district attorney. Mr. Bryant was appointed by Judge Stone, his commission bearing date of August 19, 1837. Governor Duncan commissioned Mr. Langworthy sheriff July 11, 1837.

The primal case on the docket was an attachiiicnt suit, Jacob (;al(T vs. iiicbaril I'caicr, Tho plaintiif sued defendant for a bill of lumber amounting to $53, the lumber having been used in improving defendant's property on lot 159, in

Princeton. This case was published in the Peoria Register at a cost of $3.25. The records further show that the second case was an appeal from D. G. Salisbury's justice court to the circuit Court. It was a case brought by Davis and Moon against James Peters for the collection of a promissory note of $94, drawing twelve per cent interest. The first indictment was for larceny, against David Beaty. The fall term of court was not called, so that the second term convened on March 27, 1839. Thomas Ford was judge and Norman II. Purple district attorney. But little business was transacted at this term. After a three days" session the court adjourned. In July, 1839, and in March, 1840, the court was in session with the same officers as before.

In 1841 Judge Ford reappointed Cyrus Bryant circuit clerk. In April, 1842, the court again convened with same officers except Seth B. Farwell, district attorney. In September, 1842, Judge Caton was on the iicuch and Stephen Smith shcrilf. In August, 1842, Stephen Smith was elected sheriff and Cyrus Bryant was again elected circuit clerk and Henry Thomas coroner. In August, 1842, Rudolph G. Saner applied to the circuit court for naturalization papers, his application being the lii'st one received. Judge Caton again presided at the October term of court in 1843, and Benjamin F. Fridley was district attorney. The same officers held through 1844-45, with the exception of Burton C. Cook, who appeared as district attorney in Ma}', 1845. In 1S4T Burton C. Cook was again elected to that office. The following is the list of district attorneys from the above date:

Up to this date the attorney of the court had charge of the judicial districts and went with the judges to the different counties comprising his charge. From the above date, 1872, the law was changed and instead of district attorneys we have state's attorneys, wlio have charge of their own counties. The state's attorneys from 1872 were as follows :

The supreme court consists of seven justices, <4ected for a term of nine years, one from each of the seven districts into which the state is divided. Bureau county is in the fifth district, which is composed of the counties of Kno.x, Henry, Stark, Peoria, Marshall, Putnam, Bureau, La Salle, Grundy, and Woodford. John P. Hand of Cambridge is justice; his time expires in 1909.

The state was formerly divided into three grand divisions, southern, central, and northern, the court sitting at Mount Vernon, Springfield, and

Lincoln School, Princeton

Ottawa. In 1897 the graud divisions of the supreme court were consolidated into one, comprising the entire state. Provision was made that all terms of the supreme court should be hold hereafter in the city of Springfield on the first Tuesday in October^ December, February, April, and June. The term of office of a justice of the supreme court is nine years.

Appellate Court

The legislature in 1887 created four appellate courts and divided the state into four appellate court districts. Each court is held by three of the judges of the circuit court, assigned by the supreme court, three to each district, for the term of three years at each assignment.

Two terms of the appellate court are held in each district every year. Bureau county belongs to the second appellate district, which is composed of the following counties: Boone, Bureau, Carroll, DeKalb, DuPage, Grundy, Henderson, Henry, Iroquois, Jo Davioss. Kane. Kiinkiikce, Ivciidall. Knox, Lake, La Salle, Lee, Livingston, Marshall, McHenry, Mercer, Ogle, Peoria, Putnam, Rock Island, Stark, Stephenson, Warren, Whiteside, Will, Winnebago, and Woodford.

Circuit Judges

When Bureau county was created it was placed in the sixth judicial district and Thomas Ford was judge, but resigned in March and Daniel Stone was commissioned on March 4, 1837, and held the first term of court in the Hampshire Colony church. By an act of the legislature in 1839 Bureau county was changed to the ninth judicial district and remained there until 1857. The second term of court was held March 29, 1839. Thomas Ford, afterward governor, was judge. The next term was held in July, and Judge Ford again presided. Judge Ford continued to hold court in Bureau county until April, 1842. At the September term, 1842, Judge Caton -was the judge and again in October, 1843, and the records show that he continued to preside until 1849, when, at the May term Judge Hugh Henderson was judge. At the October term of 1849 T. Lyle Dickey presided on the bench and continued until January, 1853, when Judge E. S. Leland came to the Bureau county court and was the presiding judge until a special term was called in June, 1855, when Martin E. Holister was judge. Judge Ilolister was also the presiding judge at the October term, and the January and October terms, 1856. He presided also at the January term in 1857. Bv an act of the legislature in 1857 we were placed in the twenty-third judicial district and Martin Ballou was commissioned judge on March 31 of that year, and presided at the September term. He was also the presiding judge in the January, April, and September terms of 1858.

September term and was the judge at each term until the December term in 1866, when Edwin S. Leland was on the liench. In the March term of 1867 Samuel L. Richmond was judge. At the December term Judge Leland again presided. He also held court at each term until March, 1875, when he exchanged with Judge Arthur S. Smith of Galesburg. In 1873 the legislature, acting under the authority of the constitution of 1870, divided the state into twenty-six judicial districts, outside of Chicago, and one judge was elected in each. Bureau county was placed in the sixth district and Edwin S. Leland was elected judge on the second day of Juno, 1873. At the December term of 1876 and the March and September terms in 1877 Judge Leland was on the bench. By an act of 1877 the judicial circuits wore reduced from twenty-six to thirteen, and Bureau county was placed back into the ninth, and at the December term of 1877 Francis Goodspeed was judge. In March. 1878, and until December, 1879, Judge McRoberts presided; in December, 1879, Judge Goodspeed; in March, 1880, Judge George W. Stipp, also in June; in December, 1880, Judge Goodspeed; in March, 1881, Judge Stipp; in August, 1881, Judge McRoberts; in December, 1881, Judge Goodspeed; in March, 1883, and August and December, 1882, Judge Goodspeed ; in March, 1883, Judge Stipp; in August, 1883, Judge McRoberts; in the December term, 1883, Judge Stipp; March and August terms, 1884, Judge Stipp : December term, 1884, Judge Blanehard; March term, 1885, Judge McRoberts; August and December terms, 1885, Judge Stipp; March term. 1886, Judge Dibell ; August term,

September terms. 1891), and January and April terms, 1900, Judge Trimble; September term, 1900, Judge Blanchard; Januarj- term, 1901, Judge Trimble; April term, 1901, Judge Blanchard; September term, 1901, Judge Trimble; January term. 1902. Judge Gest (in exchange with Judge Trimble) ; April term, 1902, Judge Blanchard: September term, 1902, and January and April terms. 1903, Judge Trimble; September term, 1903, January, April, and September terms, 1904, January, April, and September terms, 1905, and January, April, and September terms, 1906, Judge R. M. Skinner.

It will be seen by the foregoing statement that Bureau county was first in the sixth judicial circuit and Daniel Stone and Thomas Ford were judges. In 1839 we were placed in the ninth circuit, with Thomas Ford as judge. In 1857 we were taken from the ninth and placed in the twenty-third. In 1859 we were placed back in the ninth Circuit again. In 1873 we were transferred to the si.xth circuit. In 1877 we were again in the ninth. Finally, in 1897, the number of circuits or districts was raised from thirteen to seventeen, the term fixed at six years, salary $3,500, and Bureau county placed in the thirteenth district, and on June 18, 1897, Charles Blanchard, Harvey M. Trimble, and Samuel C. Stough were commissioned judges, and on June 18, 1903, Charles Blanchard, Samuel C. Stough,and Eicharrl M. Skiimer were commisioned judges, and are the present incumbents.