Cook County, Illinois - The whole text, 1884 (part 17 of 61)

" It was a court of superior or general jurisdiction within the citv. It was to be held that winter 1*37-38 for the first time. It was a time of great pecuniary distress, and all obligations created during the speculative times were just maturing and unpaid, and there was no money to pay them. The dockets were crowded in both the Circuit and Municipal Courts, and something must be done. Some of the debtors resolved that no court should be held ; a public meeting was called to prevent it. It was held at the New York House, a frame building on the north side of Lake Street, near Wells. It was held at evening in a long, low dining room lighted only by tallow candles. The chair was occupied by a State Senator, Peter Pruync; James Curtiss, nominally a lawyer, but more of a Democratic politician, who hail, practically, abandoned his profession, was active. Hut the principal advocate of suspension of the courts was a Judge of the Supreme Court of the State. Theophilus W. Smith. Cpon the other side were Collins, Hutterlield, Ryan. Scammon, Spring, Goodrich, M. I). Ogden, Arnold and others ; and among them the Hon. William H. Ogden, the Mayor of the city, who was subsequently admitted to the Bar of this Mate February 6, 1841 . We will count him in for he did manly service at that meeting in sustaining the law and its regular administration, and in repudiating and denouncing any interference with the courts. He was a noble, generous man. whose ham] was seen in all public works. The kittle was bitterly fought. It was shown by the opponents of courts that it meant ruin if they should be held, and judgments rendered against the debtors: that §2 .000. COO were then in suit against citizens which was equivalent to a sum Of S500 against every man. woman and child in Chicago. What was to l>c done ? 'No one was to be benefited,' Curtiss said, -but lawyers.' and he left that profession some time before. Then Ryan, a man < - f muscular frame, eyes large, wide open, as great lights in his luminous intellect, great as he ever was in debate, but then active, and in his wrath, like Mirabeau, ' fierce as ten furies and terrible as hell," when he rose to the full height of his great argument, pointing to Curtiss, asked that body of debtors if that was the kind of a lawyer they expected to save them. If so, it had long been a question whether he had left the profession of law, or the law had left him : hut of one thing they could be sure - that if he succeeded in his present unlawful attempt, he Ryan would guarantee them justice, and the sooner the law discharged that obligation the better it would be for the community. Butterfield, tall in stature, stern of countenance, denounced the Judge of the Supreme Court who could descend from that lofty seat of a sovereign people majestic as the law, to take a seat with an assassin and murderer of the law like Judge Lynch. Others followed ; but the good sense of the meeting laid the resolutions on the table, and the courts were held, as they have been ever since."

But the end was not yet: and the contest was transferred to the Legislature. The court was too dispatchful, and debtors found that scarcely had their obligations matured before a judgment and execution were secured in the ever-sitting Municipal Court of Chicago. After only fifteen months of active usefulness it was legislated out of existence, February 15. iSjo, and all its business turned over to the Circuit'Court which it had, as intended, so effectually relieved until a supposed political necessity demanded its repeal at the hands of Hie dominant party. Ten days later Judge Ford com.tnss.oned as Judge of the Ninth Circuit

Attempt to Impeach Jrix-.E Pkarson. - The increased burden thrown on his shoulders by the disestablishment of the Municipal Court had led Judge Pearson to hold the extra term in May, previously mentioned. It was at this special term that" the disside'nee between the Bench ami Bar of Chicago became irreconcilable, by the refusal of the Judge to sign a bill of exceptions made by J. V. Scammon, defendant's lawyer, in Phillips ?-*. Bristol. The Court unfortunately regarded the exceptions as inspired by a desire to embarrass ami antagonize him. rather than an honest defense. In this he was doubtless deceived by his prejudices. The case was appealed by Mr. Scammon. and in virtue of a motion made by him before the Supreme t'ourt. sonic weeks later, an alternative mandamus was granted commanding Judge Pearson to sign the bill of exceptions referred to, or show cause at next term of Supreme Court why he did not.

November 11. 1830, as the protracted fall term of the Circuit Court was drawing to an end, Justin Butterfield, whofie co-operation had been secured by Mr. Scammon, arose in bis place, holding two papers, and, as the affidavit of the clerk, dated November 23. declared: '-With marked politeness of manner handed one paper to the ludge, saying that it was a bill of exceptions in the case <if Phillips vs. Bristol, tried at a former term. The Judge said. ' I did not sign that bill of exceptions.' to which Mr. Butterfield graciously replied, ' I am aware of that, sir, but here' presenting the other paper , 'is a writ of mandamus from the Supreme Court of this State commanding you to sign it." The Judge held the paper toward Mr. ' Butterfield. saving, " Take it away, sir; ' to which he replied. ' It is directed to you, sir. and I will leave it with you; I have discharged my duly in serving it. and I will leave it with you.' It was :it this point," continued Mr. Hoyne.* " that the Court turned to me. as clerk, and said", 1 Mr. Clerk, enter a tine of twenty dollars against Mr. Butterfield^ and then he threw the papers - the bill of exceptions and writ of mandamus - on the floor in front of the desk. He continued, looking at Butterfield, ' What do you mean, sir ? It was now that Butterfield, raising his voice, hitherto restrained, fired the first gun of what was to be a campaign. ' I mean. sir. to proceed against you by attachment, if you do not obtrv that writ.' The Judge, replying, cried out, ' Sit down, sir ! Sit down, sir ! ' and to me. saving. ' Proceed with the record.'

"The record was read, the fine of twenty dollars entered up against Butterfield. and the court adjourned. The Judge was descending the Bench, and proceeding to pass through the Bar. when all the lawyers jumped to their feet; while Butterfield promptly marched up to Pearson, saying. 'Sir. vou now have disgraced that Bench long enough. Sit down, sir, and let me beg you to immediately attend a meeting of this Bar, to be hen instanter. in which we are about to try your case, and rid ourselves and the people, once for all, of WW '"' competency and ignorance ! ' The Judge left, but UK liar prepared an impeachment and that winter a long trial followed the presentation of articles before the House of Representatives at Springfield, where all tineloquence of the Bar was invoked, with that o others, to impeach Judge Pearson; but the House, which »as largely composed of his political friends, refused to gnc the impeachers a hearing. _ 1

" He, however, never recovered from the effects 01 this attack and prosecution. The party paraded him as a martyr, and it was said that he had achieved a truimpu over Butterficld, Scammon, Collins, Spring. Skinner, and Goodrich, as they were old Federals and Whigs, and only wanted to be rid of an incorruptible judge, a Democrat who was not to be terrified by such enemies of the Constitution, the Democracy and the Union. But Ryan, a life-long Democrat, established a newspaper called the Tribune, to drive Pearson from the Bench. Its leading articles were such as Junius might have written, animated by a spirit of determination to drag from the Bench a Jeffreys or a Scruggs. Pearson was finally disposed of by the parly taking him upas a State Senator and electing him from the counties of Cook and Hill, in 1S40. And from thence, hitherto, the Bench has heeded the lesson, for there has arisen no other occasion for the violent anil irrepressible conflict of a Bar atid Bench so divided by ignorance and incompetency on one side, and great independence and intelligence upon the other."

Besides the effort at impeachment, rendered abortive mainly by political influence, the Judge's case was also before the Supreme Court, where he neglected to appear in i>crson, contenting himself with a written defense which he requested a friendly lawyer to file in his behalf. Among the points made therein was the plea, that were this procedure of the Chicago Bar to be sustained, any Judge could, "by a malicious, trifling set of lawyers, if such should be found in a circuit, leaguing against him, be compelled every term to appear in the Supreme Court, and take issue with them on countless bills of exceptions. * * - In this wav a combination of designing men might exhaust the means of any Judge in the State, or make him truckle to their will, or compel a resignation for want of funds.'*

Mr. Scammon made a second motion, before the Supreme Court, January 14, 1840, asking that an attachment might issue against Judge Pearson for neglecting to return the writ of alternative mandamus, or sign the bill of exceptions. The Supreme Court, through Judge Theophilus IV. Smith, issued a peremptory mandamus that he should appear before it in person. In the spring term of the Circuit Court at Chicago, he again allowed his feelings to override his judgment, fining Mr. Stuart, editor of the American, $100, for constructive contempt of court, based on certain adverse editorial criticism during the Stone murder-trial. On appeal, bis decision against Stuart was reversed when reached by the Supreme Court in 1X42.

June 9, 1.S40, the motion for attachment was renewed, and the Court took until the next day to consider; but when the writ was placed in the hands of the Sheriff, it was found that the Judge had availed himself of the postponement and left Springfield. He was pursued and overtaken at Mavsville. Clay County, while apparentlv making the best" of his way to cross the border into Indiana. He was taken back to the capital and fined $100 for contempt, which was refunded with interest by the Fifteenth General Assembly, in the session of 1846.

It was now thought best by his political friends to withdraw him from a conflict in which his adversaries had won all the points, and he was therefore put in nomination as State Senator for the district embracing Cook, Will, DuPage. Lake and McHcnry counties, all within the Seventh Circuit, over which he presided as Judge. In July he made an unsuccessful attempt at Chicago to hold a meeting to indorse bis candidature; but at the election in August it was found that the Democracy of the district had come up handsomely to the support of their " martyr," Cook County alone giving him 1,404 votes, and sent him triumphantly vindicated to the

At this distance of time there is little room to doubt that Judge Pearson through self-willed and obstinate was a well-meaning man and an upright Judge. He was by nature or education, either a warm friend or an uncompromising enemy. In Chicago he was thrown into official relations with a Bar, the leaders of which were politically opposed to him, at a time when party spirit, always too high for justice and candor, was especially intense. Added to this was a sort of intellectual resentment that a Judge from the Wabash country should have been selected to preside over a Bar whose brightest lights were emigrants from the Eastern States. Exhibiting but scant respect and no friendship, they aroused the indignant and unguarded antagonism of a man, among whose faults cunning and hypocrisy could not be counted, nor patience and magnanimity among his virtues. He died at Danville, May 30, 1875, leaving a handsome estate to his family.

THE STOKE Murder-Trial. - The most notable criminal trial during the incumbency of Judge Pearson was thus designated. The story of the crime and the execution of Stone is fully related elsewhere in this work. A point of some legal interest is the apparent weaknessof the chain of circumstantial evidence upon which he was convicted of the murder of Mrs. l.ucretia 'Thompson, as there set forth. A bit of flannel torn from a shirt which was proved to have belonged to the accused and which was found near the body of the victim, the burning by him of the clothes worn in the earlier part of the day of her disappearance, the club used as the instrument of killing to which still adhered, when found, a bunch of her hair, and a remembered threat by him against her virtue, sworn to by a single witness, in the absence of any circumstances pointing toward any other neighbor, were deemed sufficient to warrant a verdict of murder in the first degree. Nor has there ever been any doubt of its justice, although John Stone stolidly asserted his innocence to the last.

Attempts toSdh-i.v NkeukkCoitrt Facilities. - Within a year of the disestablishment of the Municipal Court of Chicago, it was recognized by the legislature that something should be done to relieve the overloaded docket of Cook County. Toward the close of the second session of the Eleventh General Assembly on February 3, 1840, it was enacted that there should be in the county of Cook a term of the Circuit Court on the first Monday in August for the trial of criminal and chancery cases only. And it was specially provided that if the Judge of the Seventh Circuit should be unable to hold the March term in Chicago in 1841, he should there hold a term immediately after the spring term in Lake County, the last to be reached in the circuit. This law, however, by reason of failure to be returned in time by the council of revision did not go into effect until legally promulgated by the Secretary of State, at the close of the first session of the Twelfth General Assembly. December 5, 1842. It is of interest chiefly as showing the pressure of the problem how to give courts enough to Chicago,

Supreme Court Justices as Circuit Judges. - The Twelfth General Assembly, at its second session, for reasons which here need only to be characterized as political, by an act dated February 10, 1841, legislated out of office the Judges of the nine circuits into which the State had by that time become divided. In their steail were created five additional Justices of the Supreme Court, and upon the nine members of that court as thus re -organized were devolved all the Circuit

Court duties of the State, besides their associate duties as the Supreme Court, at the capital, twice a year. This arrangement remained undisturbed until the adoption of the Constitution of 184S. To the Seventh Circuit, irfeluding Cook County, was assigned Judge T. VV, Smith, w ho opened the spring term at Chicago toward the close of April, r&ft. On the docket were found one thousand and sixty cases. Of these, sixty-nine civil and six chancery were cases remaining over from the disestablished Municipal Court, while sixty-two criminal, fifty-one chancery, and eight hundred and seventy-two civil represent the unfinished business of the Circuit Court. The fall term in was also held by Judge Smith, but when the period of the spring term in 1842 came round he was too ill to hold a court, and as late as June 8 it was doubted whether he would ever be able to discharge his official duties. To keep Chicago court business within reach of judicial despatch, a special term was held by Stephen A. Douglas, July 18. 1842, the only time he served Chicago as Judge. There was a heavy docket of seven hundred ami fifty cases, and but little civil business could tie disposed of, because of the pressure On the court of the people's preferred criminal cases. All these terms since Pearson's in 1840 were held in the Chapman building, corner of Randolph Street and what is now Fifth Avenue, but was then Wells Street. The fall term of 1841 was held by Judge Smith, who had meanwhile recovered. At this term an important decision was that lands in this State sold by the United States are not taxable until five years from date of patent, not date of sale, as has been contended. At this term, too, the Grand Jury found indictments for libel against Walters and Weber, editors of the State Register, at Springfield, and John Weiuworth. of the Chicago Democrat, because of an editorial article which appeared in August in the State Register and was copied in the Democrat, containing libelous and scurrilous matter against Judge Smith. It was in the shape of charges and assertions of what was declared to be an act of corruption in an opinion given by him in the Supreme Court in January, 1S42, and concurred in by a majority of Judges, in favor of purchases of canal lots m Chicago and Ottawa in 1836. by that decision a peremptory mandamus was awarded against the Canal Commissioners to compel them to admit those purchasers to the benefit of an act of the General Assembly of this State, passed in 1841 in their behalf. He was also charged with removing certain clerks of court in his circuit to gratify personal malignity. With bodily powers weakened by disease ami feelings somewhat soured by these attacks it soon came to be understood that he Contemplated an early retirement from the Bench A meeting of the Chicago Par was held November 25, at which, among others, the following resolution was passed : "That in the estimation of this Bar Hon. T. W. Smith possesses a high order of talent and legal attainments ; that as a jurist and lawver he is able and profound ; that his conduct toward the members of this Par, while on the bench, has Inien courteous gentlemanly, dignified and honorable." He resigned December 26, 1842.

In 1842, about fifty residents of Chicago availed themselves of the bankrupt law in the United States District Court, as Springfield, Unconscious of what the future held in store for the bankrupts of a later generation, there was much grumbling because it cost $100 to get a discharge in bankruptcy, even where1 the cue was not contested. The lawyers charged fifty dolars and I the other expenses were fifty more. This vear marks the point of greatest financial depression in Chicago, which in a superficial view has lieen declared tr> have constituted " the harvest of the- notary and lawyer,"' but it need scarcely be remarked that a period of general distress is fraught with counteracting drawbacks to even lawyers and notaries. June 19, 1843, the same United States Court issued a peremptory order, '- That all applicants for benefit of bankrupt law |ierfeet their application before the 20th of December next. Upon their failure to do so, the petition will be dismissed."

Meanwhile on February 14, 1843, three terms of the Circuit Court were provided for Cook County, on the fourth Monday in March, the third Monday in August, and the first Monday in November, of each year. And at the same session, it was enacted that the Supreme Court should hold only one term, to begin at the capital on the second Monday in I >ecember of each year.

Richard M. Young, of whom a biographical | ketch is elsewhere given, was commissioned a Justice of the Supreme Court January 14, 1843, and assigned to the Seventh Circuit. He held several terms of the Circuit Court in Cook County until his second resignation in 1847. Although never rated very high as a jurist, he was always much esteemed here, and decidedly preferred to some of his colleagues by bar and people. His clerk of court was Samuel Hoard:

In February, 1844, Representative Wentworth presented to Congress a petition of the Chicago Bar, asking that two terms of the United States courts be held in Chicago each year. At home his constituents were growing impatient of the law's delays, arising from the State's inadequate provision for the city's judicial wants by only three terms of the Circuit Court. A communication from -'many citizens." written by a lawyer, who. however, rightly represented the public, appeared in the Weekly Democrat of October 16. asking that the next Legislature should establish a special court for Chicago. This request, supported by the public opininn of which it was the expression, was' reinforced December 3, by Governor Ford's message to the General Assembly, in which he urged that increased judicial facilities should be extended to the growing commercial metropolis of the State. The Court of County Commissioners at this time took measures to enlarge and adapt the clerk and recorder's office to the additional purposes of a court-house.

By an act of February 21, 1845- tlic ^ourtwnU! General Assembly ordained. " That there shall be. anil is hereby created and established a Cook County lourt. * * of record, with a seal and clerk, to be held by a judge to be chosen in the manner, and to hold officejnr the term of judges of courts of record in the Stale. Said court shall have jurisdiction concurrent with the Circuit Courts, * * and shall have exclusive jurisdiction in all appealed cases * - and in all cases of misdemeanor which are prosecuted bv indictment. * * The Judge ol said court shall hold four terms of said court in each year, in a building to be provided by the County Commissioners Court of said county, in the city of ( hn ;igu. commencing on the first Mondays in May, August. November and February, and shall continue each term until all the business before the court is disposed of. The clerk of said court shall be appointed by the Judge thereof. * * The grand and petit jurors shall lie clectcii. and the Sheriff shall perform same duties as in the urcuil Court " Of this court, Hugh T. Dickey was chosen by the Legislature, the first Judge, and James Curt'* was by him appointed the first clerk. Judge Wcuq opened the first term of the new court May 5. and at its close was thus favorablv noticed by the Jonrn.11.

edited and owned by lawyers, hut of the opposite School in politics: "Judge Dickey has during the session of the court shown himself a good lawyer, a sound reasoned and a dignified, impartial Judge. The rules of ihe court wen- submitted to the liar on the last day of the term, and meeting with their entire approbation were ordered printed." About ten days later, the Weekly Democrat of May 28, said: " He has made his court very popular, ami the Bar would not consent to dispense with it or him, upon any terms whatever." The new court clearly met the wishes of the public at the outset, bat as will lie seen, its docket so in became clogged by the swift-swelling tide of law business in Chicago.

At the close of the first year and fourth term of the Cook County Court, the Weekly Democrat of p'ebruary 24,1846, thus eulogized its presiding officer: "Judge Dickey grows in pop ilarity every succeeding court he holds.' His dignity, urbanity, and well-balanced legal mind commend him loallwh .have anything to do with the court." At their August term an agreed case in relation to assessment for protecting the lake shore was argued before him, and decide I against tii - city. His COtlll as well as the Circuit Court were kept busy with ever increasing judicial business of Chicago. Judge Caton supplied the place of Judge Young at one term of the Circuit Court in 1846, but as soon as the latter got well enough to hold court he presided at a special term, beginning June 15, anil yet the docket was always full.

Judge Young resigned January 25, 1S47, to take office in Washington, and his successor, Jesse It. Thomas, Jr., was commissioned two days later. He held the office until December 4. 1848. when the newjudicial system provided by the ((institution of that year went into force. By an act of the Legislature in the spring of 1847, with a view to harmonize the terms of the two courts in Chicago, the two term* of the County Court in August and November were replaced hy one term in October. James Cortim having been elected Mayor, his place as clerk of this court was filled by Louis D. Hoard, appointed thereto by Judge Dickey. The May term opened with three hundred and seventyeight cases on the docket: of these two hundred and sixty-eight were common law, fifty-seven chancery, and fifty-three people's cases, but none of any class possessed historic interest.

First Law School in Chicago. - On the first Monday in December, 1847, the first law institute, or school, "was opened tinder the auspices and with the endorsement of the Bench and liar of Chicago, by John J. Brown, a member of the Bar having a reputation for general scholarship as well as professional learning, and special proficiency as a jury advocate and orator. The announcement which appeared in the Daily Democrat of November 30. was rather grandiloquent and pretentious, but the comprehensive scope outlined perhaps not above his powers, when supplemented, as proposed, by lectures from members of the profession of acknowledged ability in special lines. Mr. Brown was a native of Virginia, settling at Danville, III., in 1839, had acquired some reputation in that section. He was the unsuccessful opponent of William rithian for the State Senate in 1S10. but was elected Representative to the same C.encral Assembly. About 1846. he removed to Chicago, and after a vcar or more of practice here, projected his law school.' as above. The impression made on the Bar of Chicago, and of the other sections of the Seventh Circuit where he became known, was quite favorable. He was regarded as an able advocate, scathing in sarcasm and merciless in vituperation. < Ni the hustings as well as at the Bar he could give and take with the best. It was remarked, however, that his snipe was really narrow, he adroitly using one or two lines of thought and anecdote, with almost endless variation. '- He had his faults," says Linder, "as we all have, over which it is our duty to draw the veil of charity: but no foul blot or stain was ever fixed upon his character as a lawver or as a man. * * He was an honor and an ornament to the Bar of Illinois." "He was naturally a retiring and misanthropic man." says Kastman. "the lenses through which he looked at lite seemed to be ever clouded - the glimpses of sunshine rare. * * Had his natural temperament been different, had his health been better, had life l>een more roseate, he would, as the years rolled on, have made for himself a high and honored name. * * He was undoubtedly the great master of withering and remorseless irony when aroused, of satirical and scornful gibe, then at the Chicago Bar of sarcasm, that when given full rein had something almost sardonic in it. To this end. his vehement gestures, his eyes, his tall flexible person, and his leonine hair, all added emphasis, and woe to those upon whom the razor-like edge of his tongue fell when unbridled."

t. " The jucliei.il power in this. State shall be. and is hereby vested in >>m- supreme court, in circuit courts, in county courts, and in justices of the peace. Provided, that inferior local courts, of civil and criminal jurisdicl ion, may lie established by the Gcneral Assembly in the cities of this Slate, but such courts shall have a uniform organization and jurisdition in such ciliei.

2. " The Supreme Court shall consist of ihrec Judges, two of whom shall form a i|iiorum : and ihe concurrence of two of said Judges shall in all cases be necessary to a decision.

3. " The Slale shall lie divided into three grand divisions, as nearly e<|ual as may be. and the qualified electors of each division shall elect one of the said ludges (or the term of nine years."

7. -* The Stale shali lie divided into nine judicial circuits, in each of which one circuit judge shall be elected by the qualified electors thereof, who shall hold his office for the arm of six years, and until his successor shall he commissioned anil qualified ; Provide.!, Thai ihe General Assembly may increase the number of circuits to meet ihe future exigencies of the State." They were increased accordingly to thirty before the Constitution of 1848 was replaced bv that of 1870."

8. " There shall be two or more terms of the Circuit Court hehl annually jn each county of this State, at such limes as shall Ik.- provided by law; and said courts shall have jurisdiction in all cases at law and equity; and in all cases of appeals from inferior ceurts."

Ifi to 10. " There shall be in each county a court to lie called a county court. One county judge shall lie elected by the qualified voters of each countv. who shall hold his office for four years, and until his successor isclectcd and qualified. The jurisdiction of said court shall extend to all probate and such other jurisdiction as the General Awembly may confer in civ il cases, and such criminal cases as may be prcscrilicd by law. where the punishment is by line only, noi exceeding one hundred dollars. The County Judge, with such Justices of ihe Peace in each county as may be designated by law, shall hold terms for the transaction' of county business," replacing the Countv Commissioner* Court and Judge of Probate of the first Constitution, as well as the Probate Justices ol later legislative institution.

s.iMiie supplementary provisos were added in "ihe schedule." or appendix to ibis constitution ; among others, these: "The Judge-, of Ihe Supieme Court shall have and exercise the powers and jurisdiction conferred upon the present Judges of that court ; and the said ludges of the Circuit Courts shall have and exercise the powers and jurisdiction conferred up"n the Judges of those courts, subject to the provisions of ihis constitution. . . . The Cook and |o llaviess County Courts shall continue to exist, and the Judge and other officers of the same remain in olticc until otherwise' provided by law."

The Pre-emption Claims TO Canal Land. - In January. 1848, the trustees of the Illinois & Michigan (.'anal brought suit against one Mr. Miller, before li. L Rucker, Justice of the Peace. Sixteen other suits, differing only in the names of the defendants, depended OH tlte result ; some two hundred persons were directly interested. The claim was for one hundred and sixty acres to each original pre-eniptor, or his later representative! on the canal lands, within what became the city limits, as elsewhere, by the general pre-emption acts of Congress. The 1 anal trustees awarded two blocks to each, as a full equivalent for one hundred and sixty acres of common Government lands. This was not satisfactory to the claimants, and the question was taken into I he courts. In this case against Miller, the canal trustees claimed rent for his land since January. 1847, at which time a two years' lease from them had expired. Miller's lawyers, Thomas Hnyne and Patrick liallingall, undertook "to show that he held his pre-emption right by virtue of settlement and improvements made in, and subsequent to 18 {6, that ignorant of his rights he signed a lease which the trustees presented to him in 1842, which lease was never legally executed ; that the estoppel by taking a lease only applied during the existence of' that instilment, and diil not prevent the pre-eniptor from setting up his title under the laws of the State. The opinion of Judge Caton and other members of the Supreme Court were cited and presented to the jury by Mr. Hoyne. Two juries disagreed, and when the third was summoned the excitement ran very high, but when the v returned a verdict for the defendant, popular enthusiasm knew no bounds. The question came up again, in another form, under Judge Spring, in 1851, and was again decided against the canal trustees, but the higher courts as will be seen eventually reversed these popular decisions Of the lower courts.

opened in July, 1848, in the absence of fust ice John McLean, of the Circuit Court, bv Judge Nathaniel Pope of the District Court, with his son, William, as clerk. Some lawyers were licensed to practice before it, and other preliminary business done, but no case of importance is known to have occupied the attention of the court at that term.

The Constitution of 1848, as has been seen, restored the circuit judiciary abolished for partisan purposes m 1841, and transferred the election of all fudges u"\ S?*«^nera' Assembly the people. " fudge Hugh r. Dickey, of the Cook County Court, was" nominated for the Seventh Circuit bv tlie Democrats and was elected without opposition from the Whigs He resigned his previous judgeship, and was commissioned as «. ircntt Judge December 4. 1848.

against the city of Chicago, in the case taken up by bill of injunction, and referring to the pretended right of the corporation to open and keep open the streets and alleys in the Fort Dearborn addition. The decididnnottv) t I'" thf the -P0Wers of the did not extend over that region, and that the fec-si.nple to its streets and alleys was still vested in the United crime as a means of converting to their use the sut> stance of their fellow-men. This state of things calls loudly for the organization of a well regulated |wlice It has been suggested by some that the Mayor should hold a court for the trial of persons charged with a violation of the city ordinances. If the Common Council desire the establishment of such a court, they will receive from me a willing co-operation."

In pursuance of that idea a Mayor's court was instituted as authorized by the city charier, and on April 26 it was ordered, and notice given to all police constables, that violators of any city ordinance be brought before the Mayor, daily, at 9 o'clock, in his officc in the north room of the market.

to the judgeship made vacant by the resignation of Mr. Dickey, and was commissioned April 14. 1849. At the May term be found about four hundred civil, otic hundred chancery and a proportionate number of criminal

In June a term of the Circuit Court was held by Judge Dickey, but both courts, however efficiently presided over, were unequal to the complete dispatch of the accumulating judicial business of Chicago. A number of cases were determined at each successive term, but the rapid influx of trade and population outran the best s|H.-cd of the courts, never remarkable for quickness of procedure.

Early in July Judge Pope, of the United States Court, held the annual term provided to Chicago in the law-rooms of Huckncr S. Morris, with William Pope as clerk; Archibald Williams, District Attorney; benjamin Bond, Marshal, and George W. Meeker, Commissioner. The court adjourned August 1 1, having lasted sonu- live weeks anil disposed of over twenty-live important cases. Among others a marine case, which excited much interest at the time, was determined. In November, 184S. the propeller "Ontario" collided with the barque " Ctica," on Lake Huron. The owners of the latter brought suit, and the court decreed to them for damages $790.91 and costs.

At the October term of the Cook County Court, Judge Spring had the largest criminal docket since the establishment of the court in 1845. There were at the opening of court sixty-one cases, and the Grand Jury returned eight or ten additional indictments. Hy act of November 5, 1849, the General Assembly ordered that to the title of Cook County Court should be added the words of common pleas. This was designed to distinguish Judge Spring's court from the County Courts of administration and probate established by the new constitution to replace the courts of county commissioners. The original County Courts, instituted by the act <>f 1845 were only two 'in number, for Cook and Jo Daviess counties, occasioned by the growth of Galena and Chicago, and were served bv one judge. It was now provided by the new act that the Cook County Court of Common Pleas and the Circuit Court of Cook County should have equal and concurrent jurisdiction: thai the terms of the former should begin on the first Mondays in February and September, and of the latter on the corresponding days in May and November.and that all appeals from justices should be taken to which ever term Of either court came next after the date of such appeal.

The year 1850 was marked by the decease of several members of the" judiciary, more or less connected with Chicago. Nathaniel Pope of the United States District Court, in January; lesse It. Thomas, Jr., ex-Justice of the Supreme Court of Illinois, in February, and Thomas Ford, ex-Circuit Judge and ex-Governor, in November.

The Benc H And Bar

Nathaniel Pope. - Few if any of the men identified with the early history of Illinois, have exercised so potent an influence upon the destiny of Chicago as Judge Pope. The delegate of Illinois Territory in Congress in 1818, he conceived and executed that farsighted measure of statesmanship, demanded as he urged by National as well as State interests, of removing the northern boundary of Illinois from the "east and west line drawn through the southerly bend or extreme of Lake Michigan," to 42" 30'. north latitude. It had hitherto been understood that if Congress decided to establish five rather than three Stales out of the " territory northwest of the Ohio," an alternative provided by the ordinance itself, the line referred to was the predetermined boundary between Illinois and the future State to the North. Mr. Pope set himself to work to secure a wider interpretation, and to enlist influential members in the support of his view, and succeeding in persuading Congress that the Ordiancc of 1 7S7 had itself empowered them to make the departure which he advocated. Among the results of the change introduced by him and ingrafted 0:1 the enabling act of April 18, 1818, authorizing the people of Illinois to form a State constitution, was the retention of Chicago within Illinois, instead of relegating it to the then Michigan Territory, and the later State of Wisconsin. An imperial city demands an imperial State a> well as a local commercial location. But the story of Nathaniel Pope's life in its completeness belongs to the State of which he was one of the most notable founders, rather than to any single point within its borders. Indeed his must effective argument for the change he advocated was based on the broad ground of national interest, and the permanency of the Cnion, in which he claimed for Illinois a sort of keystone position, touching the Southern and W estern Slates, through the Ohio and Mississippi, and the Northern and Eastern through the Great Lakes. Situated on the main channel of communication between Northern lakes and Western rivers, Illinois would hold together the wide-extending borders of the States.

Jesse B. Thomas, Jr., whose life covered the period from 1806 to 1850, was associated with the Bench and Bar of Chicago only during the last few years of his active work, while as a Slate officer he was more or less conspicuous since 1830. He was commissioned as Judge of the First Circuit March 20, 1837. and resigned in 1839. He was appointed Associate Justice of the Supreme Court August 16, 1843, to fill the place left vacant by the election of Stephen A. Douglas to the Twenty-eighth Congress. This he resigned two years later, and formed a law partnership with Patrick Ballingall ; but was again ap|>ointed to the same office, to replace Judge Young, as stated. He had also filled the Offices of State Senator, Attorney-general of the State, and Representative in the General Assembly. He died of erysipelas February 20. 1S50, with a reputation - as official, lawyer, Judge and citizen - for integrity, worth and honor that have made his name respected throughout the State, which he had served faithfully and creditably, if not always brilliantly, in every field of labor to which he was summoned.

Thomas Fokh, although twice connected with the judiciarv of Chicago, and still earlier associated with its Bench and Bar as Prosecuting Attorney of the Fifth Circuit, by reason of his later elevation to the Governorship of' Illinois, belongs to the history of the State rather than the history of Chicago. The February term of the Court of Common Pleas was somewhat delayed by an illness of Judge Spring, but he soon made up for lost time, being a man of great energy, bright intellect and quick perceptions. Successful in the dispatch of business, a number of his decisions were reversed, but perhaps no larger percentage than most of the lower courts. February 19, 1S50, President Taylor commissioned 'Thomas Druinmond, of Galena, to succeed Nathaniel Pope, deceased, as United States District Judge for Illinois. Mr. Druinmond had been a member of the Legislature, 1840-42, was a Whig of pronounced convictions, and indorsed by two of the most prominent members of the party and of the Bar of Illinois - Edward I). Barker, of Galena, member of Congress, and Justin Butlerfield, of Chicago, Commissioner of the General Land -office. 'The selection has ever since been regarded as an excellent one, and Judge Druinmond entered at once 011 the discharge of his duties. He held a term of his court in Chicago in 1850; has continued to hold them of increasing length and in larger number for a generation, and happily the end is not yet. Though now entering upon bis seventyfifth year, he holds his own among the jurists of the day, commanding universal respect for firmness, independence, courage and conscientiousness, as well as professional ability, judicial impartiality, and unbroken .. ig .1 ot mind.

At the May term of the Circuit Court in 1850, among the many casts of no special interest was one of a class that perhaps deserves mention as a reminder to the reader of a particular phase of Chicago's growth. A verdict of $575 was given the owners of the schooner "Jane" against the steamer "Sam Ward," for damage to the former in being run into by the latter vessel.

Police amd Mayor's Courts. - In the comprehensive act of the Legislature, approved February 14. iS^i, which was designed as supplementary to as well as amendatory of the city chatter of March 4, 1837, in chapter twelve, sections eijjht and nine, are found these provisions relating to this subject: "The Common Council shall have power to designate two or more Justices of the Peace in any actions for the recovery of anv fine or any ordinance, by-law, or police regulation of 'the City Council, anything in the laws of this State to the contrary notwithstanding. Such Justices shall have power to line or imprison, or both, in their discretion, where discretion may be vested in them by the ordinance or regulation, or by this act. 'The Mayor may hold a police court.

"Execution maybe issued immediately on the rendition of judgment. If the defendant in any such action have no goods or chattels, lands or tenements, whereof the judgment can be collected, the execution shall require the defendant to be imprisoned in close custody in the jail of Cook County, or bridewell, or house of correction, for a term not exceeding six months, in the discretion of the magistrate or court rendering judgment : and all persons who may be committed under this section shall be confined one day for each fifty cents of such judgment and costs. All expenses incurred in prosecuting for the recovery of anv penalty or forfeiture, when collected, shall be paid to the Treasurer for the use of the city."

At the February term of this court in 1851, the last at which he presided. Judge Spring delighted the hearts of the pre-emption claimants, by deciding for the plaintiffs in the cases of Daniel Brainard vs. Board of Trustees of Illinois & Michigan Canal, and of 'Thomas Dyer ft al. vs. the same. At the May term of the Circuit Court another of these cases, Elihu Granger VS. Canal Trustees, was similarly decided by Judge Dickey.

Hut si the June term of the Supreme Court :ii Ottawa, to whic h ihe two first-named cases were appealed, these decisions were reversed. Justices Treat and Trumbull

The question at issue was whether the privilege of pre emption was to be regarded as covering one hundred and sixty acres in a legally platted division of a town or city, a* in the broider domain of unsettled tkwernment lands The lower court had decided substantially in the affirmative The Supreme Court now reversed that decision, holding that the proper preemption privilege of person* whose claims were situated as descrihed was that Mich lots or hloi ks, as the case might he, as were covered by their actual ini]>roveme:its, shouhl he open to them as preferred purchasers at the appraised valuation. This was substantially the award made by the trustees themselves before the cases were taken into court ; and when thus sustained by the highest court in the Slate, came to Ik- accepted as eminently equitable. The public recognised that the decision was rather liberal than otherwise. The impetuous first pronouncement in favor of the c laimants was amended by the sober second thought developed and fostered by the arguments before the courts.

I he canal lands, through the munificence of Congress, had been withdrawn fnr a ureal natural object frmn the domain of the general pre-emption laws, and were at this time entirely amenable to Slate laws. A great public benefit was not to be marred by a strained sentimental interpretation of pre-emption privileges in favor of a few and against the broad commercial interests of the Stale, if not of the whole- nation. Those who bought by pre-emption or at public sale, within a legally platted town or city, could only buy in such lots or blocks as the law there recognized.

l iKst FriiiTivi: Si.avi: Cask. - on the 71I1 of June, 1S51, before (ieorge IV. Meeker. I'nttcd States Commissioner, was arraigned one Morris Johnson, alleged to he a runaway slave. Crawford K. Smith, of Lafayette County, Mo., by power of attorney to Samuel

S. Martin, of Chicago, had him arrested as his slave, William, who had escaped from his premises July 4, 1S50. After a trial which occupied three days besides postponements, the prisoner was discharged on the 13th, ostensibly because of a discrepancy between the writ and the record. The former Called for a copper-colored negro, five feet five inches in height, while the latter showed a dark enough negro to Ik: called black, while he measured - possibly by a trick of the measure - live feet eight inches. His acquittal was largely due to the unpopularity of the law. and the unwillingness of the Bench, bar ami people of

Chicago to act as negro-hunters for Southern slaveholders. Among other obstacles thrown in the way of the owner's representatives in this case, was the demand thai they should prove by any other hearsay testimony that Missouri was a slave State ! Mad the decision been different, it is probable Crawford K. Smith would have been no nearer to gelling possession of his chattel, as "the. underground railroad'' was at that time in active operation here.

Skinner found an overloaded docket The most important criminal case was "The People Martin « I'Brien" for the murder of Stephen Mahan. The trial lasted three days, anil no other defense was made than that the prisoner acted in the heat of passion, and to redress an injury offered to one of his relatives bv the de-

1 e.ised. He was convicted of manslaughter, and sentenced to eight years in the penitentiary with ten days of each year in solitary confinement.

Judge Skinner sat almost continuously for seven months, including the regular term in February, 1851. cleared the docket of his court, and kept its business under c ontrol fur the remainder of his term.

The city had been for several months preparing to throw a bridge ac ross ihe river on Lake Street, at considerable cx|R-nse for those times, when in February. 1S52. an injunction was asked of the I'nited States I >ist rid Court, which Judge Drummond refused. Navigation had its interests, and so had the city. The principle was understood to be that the right to navigate the river anil the right to cross it by bridges are coexistent, and neither could be permitted to essentially impair, much less destroy the other. They were to lie so harmonized as to afford the least possible olistruction or interruption to each other.

In Septembe r another murder case was tried before ludge Skinner. " The 1'coplc r». John O'Ncil. for the murder of Michael Brady." On Saturday, May 29, 1852, 31 1 1 o'clock at night, Michael Brady, a blacksmith, residing on Indiana Street, corner of I.aSalle. was killed by his neighbor, John O'Ncil. a tinner. For some time there had been a standing quarrel between them. On the day of the murder. Brady called a little girl <>f O'Ncil an opprobrious epithet Swearing to be revenged, O'Ncil waited at the door of Brady's h.mse. aT»c| when the- latter appeared, struck him over the head with a heavv c lub, fracturing bis skull, and he expired in a few minutes. O'Ncil lied, but was captured the next night, in a house ten miles out of town in the North Branch woods, by Owen Dougherty, Constable, accompanied bv Daniel T. Wood. Deputy Sheriff. When he saw the officer* he attempted to escape, but was sewed bv Doughertv, brought into town and lodged in jail. On trial, be was convicted of manslaughter and sentenced to five vears in the penitcntiarv.

In 'virtue of the law of 1S51. establishing a police curt. Henrv I.. Rucker and Frederick A. Howe hail been chosen by the Common Council as Police Justices, mainlv for the trial of violations of city ordinances and the lower grade of c riminal offenses. Besides these there were six other Justices of the Peace, two for each division of the city, .

I.kwis C. KkrchkvaU - One of the most singular characters of the early Bench and Bar of Chicago was ihe well-known and eccentric Justice of the Peace, U C. Kercheval. who died, rather unexpectedly. December &. 1852. Mr. Kercheval was for many years a memher of the judicial fourth estate, hanging on the outer circle of the judiciary. Few Judges were more quick to note and resent a contempt or more ready to vindicate tlic honor of the court. In iX;,q he was Inspector of Customs for the port of Chicago, in which office he was succeeded bv ( Ieorge W, Dole, in June. i«4'-, Some time afterwards he was elected and commissioned a lustice of the Peace: and was for many years a conspicuous representative of his class. " He rises before me to-day, savs Eastman, "as distinct as when 1 useu to meet him in the streets, straight as a pine, unliencimg as an oak. defiant and tough as hickory; with lusi.u", musc ular lorm. his grizzled hair, blue brass b.ittonni coat, and his soldier-like bearing, proud as J uJuu I and imperious as the Czar, always neatly dressed, « cleanly shaved face, and - a rani avis in those inuuii} times - well polished boots." , He was a person of good natural intelligence anu ability and took pride in his official station ; hut oecann badly demoralized by the high-living habits of the [>cri<Hl. He slept in his office, kept no records, hut tried to discharge his other duties as a Justice with fidelity and in accord with the dictates of natural honor.

Pallas Piiki.ps was another quaint character of the period, and with mock dignity nicknamed by some wag of the Bar as "Chancellor" Phelps. He is said to have been here several years before [S40, and he is known to have been admitted to the Bar in 1843. He liked to try his cases in the newspapers, and dispensed with the luxury of an otifice. With even the best lawyers, cases we're not numerous in those days, and Mr. Phelps was able to carry all the papers relating to his current business in his hat. Justin Buttcrneld, the acknowledged wit of the Chicago Bar, never missed an opportunity of playing on the eccentricities of Phelps. He made frequent references to his commodious office, "as big as all out doors," and would vary the joke by inquiring if he had any room to let. On rainy days when Chicago crossings were marvels of muddy consistency, the wit of the profession was wont to rally its butt, amid the plaudits of admiring listeners, about the beastly condition of his "office." When the first sprinkling cart was brought into requisition here, Butterlield on meeting Phelps saluted him with affected courtesy, which his dupe, proud of the attention, cordially reciprocated, saying, *' A fine morning, your honor] A very line morning!" "Yes. indeed."' replied Butterlield,* "and I am glad to find you improving the opportunity, Mr. Phelps to have your office sprinkled." Whenever Phelps had a case. Mr. Butterlield would inquire, with mock gravity, which of the papers he was to try the case in, or before which of them he should file his brief. Mr. Phelps survived this period many years, and finally disappeared from public notice in the whirl and preoccupation of the great city.

Chicago COURTS 185,? ro 1857. - Karly in January, 1K53, the Chicago Hydraulic Company applied to the Circuit Court for an injunction against the Board of Water Commissioners to stop the further progress of the new water-works, in the South and West divisions, claiming the exclusive right under their charter to supply those sections. The same company had asked for a second injunction to prevent the city from collecting the water-tax. Judge Dickey rejected both petitions. The first could not Ik; granted because exclusive privileges cannot be inferred, and their charter did not expressly confer them. A government, municipal or other, does not debar itself by implication from granting a like power to other corporations. 1. only debars itself from hindering the first in the exercise of the privileges granted. And although a section of the act establishing the Water Commissioners imposed the obligation of buying the property of the Chicago Hydraulic Company it was not to be understood that such purchase was a condition precedent to the beginning of operations. The remedy of the complainants was by mandamus or other process, not by injunction. The right of the city to collect the water-tax, for similar reasons could not be denied.

February 7, the first term for 1853 of the Cook County Court of Common Pleas, was held in the new court-house which had been In-gun eighteen months before, ami Judge Skinner congratulating the liar on the privilege of occupying their new room, where there was no fear of the walls or benches breaking down.

The RhxoKiiKR's Coi r i. - By an act, approved February 12, 1853. "an inferior court of civil and criminal jurisdiction, which shall be a court of record," was established under the above name, having "concurrent jurisdiction within said city with the Circuit Court in all criminal cases, except treason and murder, and of civil cases where the amount in controversy shall not

Clerk shall be elected by the qualified voters of said c ity, and shall hold their offices five years. * * * All recognizances, taken before any Judge. Justice or Magistrate in said city, in criminal cases, shall be made returnable to said Recorder's Court. * * * All appeals from decisions of Justices of the Peace within said city shall be taken to said Recorder's Court. * * * Appeals may be taken from said court to the Circuit Court of Cook County in all cases. * * * The regular terms of said court shall be held on the first Monday of each month."

The first term of the Recorder's Court began April 4, 1853, with Robert S Wilson as Judge and Philip A. Hoyne as clerk, both having been duly chosen by the votes of the people, at the regular city election of the previous month, as provided by act of February 12, establishing the court.

March 28, 1853, before Judge Skinner of the Cook County Court of Common Pleas, was argued the request of James H. Collins for an injunction against the Illinois Central Railroad. The petitioner argued in his own behalf, aided by I. X. Arnold and J. M. Wilson, while James F. Joy, of Detroit, was instructed with the advocacy of the railroad's interest. That corporation had purchased from the General Government the made land south of the Govennent pier. To get to it they had to lay the railroad track through the edge of the lake, back of Mr. Collins's dwelling. He claimed the ownership to the middle of the lake and contested the rightof-way. The final result was that the railroad corporation paid off his claim, as well as the similar one of Charles Walker tried the following year. Several years later, by its "influence" with the General Assembly, it attempted to secure, as against the city as well as the General Government, the whole "lake front" and almost as broad an expanse of the lake itself as was claimed by Mr. Collins, originating a quadrilateral contention which has not yet been definitely determined.

By the expiration of Judge Skinner's term of office there'arose a vacancy in the Cook County Court of Common Pleas, to which John M. Wilson was elected April 4, with Walter Kimball as clerk, and Daniel Mc Ilroy as Prosecuting Attorney. A special term of the court was held by the new Judge, beginning May 16, at which was found a large docket, notwithstanding his predecessor's great efforts to keep abreast of the business of his court. The truth is, Chicago's civil and criminal law business has always outstripped its greatest court facilities.

Thk Mayor's COURT. - About the middle of April Mayor Gray began to hold his court regularly in the basement room on the southeast comer of the courthouse, which had been fitted up for the purpose, lightening the work of the Police Justices Rucker and Howe.

About May I, before Judge Drummond of Ununited States Court was procured the first conviction of a counterfeiter since the establishment of the court here in 1848. Thomas Hoyne, who had been confirmed as District Attorney, March 22, was assisted by Grant Goodrich in prosecuting this case to a successful issue. The offender was James Campbell, and his crime, the counterfeiting of United States gold coin. Judge Dickey of the Seventh Judicial Circuit, whose limits hail meanwhile been restricted to the counties of Cook and Lake, resigned his office because of the press- ure of private and judic ial business, to take effect April 4, 1853. Buckner S. Morris was chosen to fill the vacancy for the remainder of the term until 1855.

Ik-fore the United States Court in October was tried the celebrated accretion case known as William S. Johnston vs. William Jones </ if/. It was the fourth trial of the case, which hail been decided, once for plaintiff, once for defendants, and once the jury had disagreed. It involved the title to about five acres of land, lying immediately north of the Government pier, in Kitutie's addition. It is all land thrown up by the action of the waters of Lake Michigan, treated mainly by the extension of the pier into tin- lake. The right of the plaintiff to recover depend! ii|n>n the claim that a portion of his lot, Number 34, in Kin/.ie's addition, when originally laid out touched the water on the old line of the lakeshore. The defendants had been in possession of the property in dispute for some time, and William Jones purchased Lot 35 September 10, 1S34. while the Johnston lot was purchased October 22, 1835. Both deeds were from Robert A. Kinzie. The case occupied the attention of the court for two or three weeks, and after four days' arguments from the learned counsel on both sides, the jury returned a verdict for the plaintiff. The case came up again seven years later.

Bar, died at F.ssex, New York, September 24, 1853, aged thirty-live years. He was a brother of Horatio who had been in practice here some years, and whom he followed to Chicago. In 185; they became partners, and Edward S. was admitted to the Bar in Illinois, June 24, 185.V "is health failing, he sought rest and restoration in the home of his youth, with the above result.

A contention had arisen between the canal trustees and the city of Chicago as to which corporation should excavate the basin at the confluence of the North and South branches of the Chicago River. After having been in dispute some time the Supreme Court decided in January, 1854, through Judge Treat, that the canal trustees were not under any obligation to perform the work.

ALLtGEO InxUOIMLITV Of \ JuiKiE. - The necessary papers to commence proceedings before the Cook County Court of Common Picas against Robert S. Wilson, Judge of the Recorder's Court, were served on him January 7. 1854. A month later, February 9. the application for leave to file a \<,irrantt> against Judge Wilson was argued before Judge |ohn M. Wilson in chambers. William T. Burgess, relator, and John F. Farnsworth argued for the application, with I nomas _ Hope and Robert S. Black well against it. Robert S. Wilson for many years a resident of Ann Arbor, Mich., had come to Chicago in 1850. and was of the law firm of Wilson & Frink for two or three years, when, as has been seen, he was elected | udge of the newly created Recorder's Court in March, 1853, He had meanwhile administered justice with an energetic and impartial hand, and the prison and jail of Chicago had many inmates duly sentenced bv him. Hut the question arose as to his eligibility to the office, not having been a resident here for five years before his election. The main points in the defense were that he was not a Judge under the constitution, and that were it otherwise the relator was not legally entitled to make application for the remedy.

In the case of the People, on relation of William T Burgess vt. Robert S. Wilson, Judge of the Recorder's i.ourt, for unlawfully intruding into and usurping the proposed a stipulation to take the case to the Supreme Court, to which the Recorder signified his assent, provided that he could have assurance that a responsible person would appear to prosecute the case, and give security for costs. Two days later Mr. Burgess announced that the case would* go up by appeal, under good and responsible bail to prosecute it with all doe diligence. In November the Supreme Court affirmed the dec ision of the lower court, and Judge Wilson continued to discharge the duties of his office with almost universal acceptance. He was generally regarded as specially adapted by his energy and ltoldness for the judgeship of the Recorder's Court, in whic h he was a terror to evil doers.

It was provided by the Legislature. February 28, 1S54, that Chic ago should " pay all fines, expenses and charges for dieting, committing," etc;,, of all persons convic ted by the Recorder's Court. And cm February 15. 1855, an act was approved, by which it was ordered that its " rules of practice should conform as near as may be to the rules of practice in the Circuit Court. * * * That in all cases where any suit, cither at law or in chancer)', shall be commenced in the Recorder's Court of the city of Chic ago, and the amount in controversy shall exceed one hundred dollars," such suit might Ik- " transferred to either the Circuit Court of Cook County or to the Cook County Court of Common I'leas," and "all further proceedings in said Recorder's Court shall thereupon c ease."

April iS, 1854, Judge Drummond opened a term of the United State courts at his chandlers in the Saloon Building; and at the same place a second term was opened by the same, October 3. N either was a -protracted session, and no case of historic interest marred the uniformity of court routine.

Before the Circuit Court, in May, Judge Morris presiding, in the case of Charles Walker VS. the Illinois Central Railroad, a jury was empaneled on the 9th, The suit was similar to that of James H. Collins in the previous year against the same corporation. The railroad track was laid across Walkers water-lot on the shore, to reach the river. F.ight days were occupied in taking testimony, and two in the closing arguments of counsel, when on the 20th. the jury returned a verdict of $20,712 in favor of plaintiff for damages sustained by loss of land taken by the company for their track A sec md claim for damages because' of nearness 01 the value of Walker's property was as likely to be enhanced as depreciated by that circumstance. Hie award by the commissioner, from which both partus had appealed, was §47.800

Three alleged fugitive slaves, thrown into jail « Chicago on a charge of assault, were taken to Springfield, on a writ of habeas corpus issued by Judge I real of the Supreme Court, and discharged by him September 22, 1854. Their names were George and John Buchanan, and William M. C.raub. Some ten weeks later Colonel Henry Wilton, United States Marshal, arrived in Chicago from Springfield, armed with four writs for the arrest of as many runaway slaves. n« ordered out the Light Guards in anticipation of resistance and direc ted that Company A of the Natiomi Guard should be in readiness. 'The officer incommami of the Light Guards took legal advice from ex-Judg* Dickcv. who assured him that Henry Wilton had w legal authority to issue such an order, whereupon tnt military withdrew and the Marshal returned to Spring field without the fugitives.

The Bknch And Bar

CSIte known as the ejectment suit of I). A. IS. Newkirk vs. Rosella Chapron, and involving eighty acres of land in the region west of Ashland and south of North avenues, together with two hundred and forty acres outside the limits, of the estimated value of half a million dollars, was decided for the plaintiff by Judge John M. Wilson, October 6, 1854; and a copy of the opinion requested by the bar for publication, but ten months later the Supreme Court, in session at Ottawa, reversed that decision.

The bar lost three of its members by cholera in 1854. Two of these, J. H. Collins and S. L. Smith, have already been sketched. The third was Alexander S. Prentiss.

Alexander S. Pkentiss was born in Cooperstown, N. Y., in March, 1829. He was a son of Colonel John H. Prentiss, who died in 1S61. He graduated at Hamilton College before he was twenty-one, studied law under Judge Deino, of Utica, and was admitted to the Bar in New York. In 1S51 he came to Chicago, entered the law office of Collins & W illiams to familiarize himself with the peculiarities of Illinois law, and was admitted to the bar in this State. May 3, 1851. Senile six months later he formed a partnership with Henry O. Miller, which was dissolved in February, 185 5, after which he practised alone until his death, October 1,5, 1N54. The occasion of his early death was due to the marked benevolence and self sacrifice in the presence of public calamity. "When," says Mr. Arnold, "Collins was struck down at the Bar of the Supreme Court, and so many were seeking safety in flight, he remained because he thought lie could be of assistance to Mrs. Collins; and again, when Smith was taken, young Prentiss was found ministering to the suffering and afflicted."

The rulings of Judge Morris in the case of George W. Green, for the alleged murder of his wife, covered some new points in the jurisprudence of Illinois, as it was the first case tried here, in which the testimony of experts as to the presence of poison, ascertained by chemical tests after death, was admitted in evidence.

The February term of the United States courts in Chicago, in 1855, was postponed from the 12th to the 19th, awaiting the act of Congress of the 13th, which divided Illinois into two districts. The criminal docket at that first term pf what was thenceforth known as the Northern District of Illinois, embraced twenty-five entries, of which two were burglaries, one counterfeiting, one forgery, and the remainder, various minor offenses.

William H. Bradlkv, of Galena, arrived in Chicago March 21, 1855, to fill the position of clerk of the United States courts by appointment of Judge Drummoml. and has served in that capacity with general acceptance to the present time.

The April term of the Recorder's Court began April 2. with one hundred and fifteen civil and sixty-three criminal cases on the docket- Since its establishment two years before, seven hundred and fifty three indictments had been disposed of, and one hundred and forty criminals sentenced. Of all the decisions from which appeals had been taken only one was reversed. For some Tv...nt'-i> there had been in:. re cases, civil and criminal, tried in the Recorder's Court of Chicago than in any court in the United States, except a few of the police courts of the larger cities, " We did," says Philip A. Hoyne, the then clerk, "a land-office business from 1854 to 1857."

Beer Rioters' Trial. - Before the Recorders Court, I une 15, 185^, the indictment found against fourteen of' the participants in the "Beer Riot" of April 21, was taken up, and the motion for separate trials overruled. There was some difficulty in getting a jury, and it was not completed until the' 18th. Soon after the municipal election in March an issue was joined with the foreigners on the liquor question. March. Mayor Boone issued a proclamation notifying saloon-keepers that the ordinance requiring their places to be kept closed on the Sabbath would be strictly enforced. That was on Saturday ; and on Sunday, the ifith, owing to the insufficiency of the notice, there were naturally many violations, and many arrests, but the next Sunday the saloons were very generally closed. At the trial of several of these saloon cases on Monday, March 26, before Justice H. L. Rucker, of the Police Court, the defendants raised the question of jurisdiction. They claimed that as these were criminal offenses, they could be prosecuted only by indictment ; and that criminal cases cognizable by Police Court justices meant such cases only as that entire body of the judiciary, known to the Constitution as Justices of the Peace, might try and determine. A few days later. Justice Rucker decided that the Justices had a right to try saloon cases. Meanwhile, at a meeting of the Common Council, March 27, the license to sell liquor was fixed at §300 from that date to July 1, 1856, when the prohibitory liquor law was to go into effect if sanctioned by the votes of the people at the preceding June election. Some dealers paid the fee and others gave up the business, but most preferred to test the question in the courts and before the people. Frequent meetings were held in North Market Hall by saloon-keepers and brewers, mostly Germans, urged on and encouraged by wholesale liquor dealers and the allied interests generally. Thev issued for gratuitous distribution a campaign paper known as the Anti- Prohibitionist. Meanwhile Rucker's decisions continued to be given in favor of the city with aggravating uniformity. Karly in the contest it was announced in behalf of the defendants that whenever an adverse decision should be rendered, the case would be taken by successive appeals to the Supreme Court. A large number of these- cases were to be tried on Friday, April 20, before Justice Rucker. During the week active preparations were made by the malcontents for a demonstration in force, either in the hope of overawing the court, or with a view perhaps to serve a sort of mob-law notice on the municipal administration just elected on the Know-Nothing ticket, that they should not expect to force their puritanical notions down the foreign throats, where beer and liquor had been wont to flow unburdened by so heavy a tax. On that day, about one hundred men, headed by a drummer, marched through some of the streets and took up a position on Randolph Street, opposite court-house Square, where they remained until it was learned that the cases would not then be heard, as Mr. Rucker was out of town. On Saturday, April 21, the demonstration was repeated, when the crowd came into collision with - the police, who had been ordered to disperse them. As the mob rounded the corner of Clark and Randolph streets about eleven o'clock, they were met by the officers of the law when about a dozen shots were fired by the more hasty spirits in the crowd. Peter Martin an alleged rioter, was killed; J. H. Reese and J. H. Redzie. two unoffending citizens, were wounded; George W. Hunt, a policeman, was so severely injured in the arm that amputation became necessary, and Nathan Weston, another officer, was also dangerously wounded. Some seventy or eighty " rioters " were arrested and jailed, but only fourteen were held, indicted and brought to trial The Light Guard, Flying Artillery, and a num- her <>f special polkemefi sworn in for the occasion, patrolled the streets for three or four days and mghts until their own excitement, the alarm of the authorities and the apprehensions of non-combatants had subsided. The liquor-dealers published a card May 2, denying the allegation that the money contributi -d by them was designed to be used in resisting the laws: their purpose was to test the legality of the new license law. which was personally oppressive, ami from n Inisiness point of view loo restrictive of traile. The Ami- Prohibitionist, they also said, was published for a similarly broad and statcsnu-nlike renown, to op|w>sc an innovation unheard of in all historv. The trial begun June 15. and clused lime ?o. with the acquittal of all except two, who had been more clearly identified with the alleged violence tfi the police, or had been more feebly defended. These were l-'arrcll ami 1 lalleman. both Irishmen, who were sentenced to one year in the penitentiary, but were granted a new trial by Recorder Wilson. July 11, on the ground of interference with the jury by the constable in charge. They were not again brought to trial, it seeming little less than a travesty of justice that in a sedition notoriously German the only victims should be two Irishmen, accidentally caught in the crowd, without any evidence of previous affiliation with the malcontents.

A Con tkstkh Ji'iiu i.w. Kl.KCTfOX. - By an act of the Eighteenth General Assembly in 1854 a system of Police Magistrates was established for the whole State. At the municipal election in Chicago in 1S55 Police Justices were voted for without reference t<» the new institution. It was supposed that Messrs. Ward. Akin and King were elected by a handsome majority, having each received about three thousand votes, and beating their competitors, Stiekncy. Magee anil Howe. A few votes were cast for police magistrates, of which Calvin De Wolf received thirty, W. H. Stu kney, twelve, and Nathan Allen, twelve. These received the commission of the Governor, as having In-en elected in conformity with the law of 1854, Mr. Stiekncy, having been one of the three unsuccessful candidates on the Police-Justice ticket, resigned March 1 7, not wishing to profit by a mere technicality. Mr. De Wolf was a Justice of the Peace at the time, and continued to act, the second commission being mere surplusage. Mr. Allen served under the commission for the West Side. Thomas G, Prendergast was substituted for Mr. Stiekncy as Police Magistrate for the North Side. Mr. De Wolf discharged the same functions on the South Side. The case was afterward taken by agreement to the Supreme Court, which decided that either title for the office was legal, as the difference in words could lead to no misunderstanding of the official station to which the people aimed to elect. Accordingly it Ordered that commissions should lie issued to the three gentlemen who hail received a majority of the popular vote, without prejudice to the three already commissioned. A double supply of Police Magistrates for the remainder of the "term was thus instituted.

At the State judicial election in June George Manicrrc, an industrious ami well-read member of the Chicago Bar, was chosen for the Bench of the Seventh Circuit, embracing then only the counties of Cook and l ake. He was commissioned as its Judge lune 15, 1855. for six years. Cook County then had four terms of the Circuit Court annually. Two were regular or " trial " terms on the first Monday in May and the third Monday in November. Two were special Or " vacation " terms" on the first Mondays in March and October. With this extra provision the docket continued heavv, anil judge Manierre"s extreme carefulness in weighing evidence.

while it guaranteed all possible safeguards against injustice, did, not tend to decrease the rapidly increasing business of the Chicago courts.

At an adjourned term of the l'nited States cuuits, extending from October 15 to December S, 1855, it was found that they too, in less than eight years [ran their introduction here, were involved in the same (kf> tiny as the other Chicago courts, an overloaded docket, After disposing of one hundred and fifty-three casts, there remained four hundred and one in the Circuit, and ninety-eight in the District Court. Not only did the more able members of the Chicago Bar find frequent occasion to plead before these courts, hut several eminent counsel from other cities were often in attendance. Among the most distinguished of these were Abraham Lincoln, O. II. Browning, Archibald Williams, Joel Manning. B. I.. Edwards. Charles Ballance, E. N. Powell, II. M. Weed. A. I.. Merriam, J. k. Conner. N. H. Purple, W. F. Brian, J. W. Drury and James GraiiL At the lanuarv term of the Recorder's Court, in 1S56. thirty-four convicts were sent to the ]ieniientiary, anil court adjourned to March, when there was a short term and a similar adjournment to May 5, whrn the Judge charged the drand Jury especially against lottery tickets and gambling, toward the close of the year it is again noted that this court kept its docket well cleared there being but a few cases civil or criminal undisposed of at the early close of the November term.

\t the February term of the l'nited Stales courts in 1856, two weeks were consumed in the famous case of Kingsburv rv. Brainard. The lot on the northeast corner of Clark and Randolph streets, where now stands the \shland Block, had been leased to the defendant fortwentv years by \. B. F. Russell, agent for the plaintilt at an annual rental of $-\ooo. of which hall was to be actually paid and the other half retained as purchase money for the buildings, which at the end of the lease were to revert to the owner of the lot. The plaintdi brought suit, on the ground that the agent had no rigti to grant so unusual a lease-. The jury, however, found a verdict against him, becoming satisfied that some others had declined to accept the same offer, ami iW the lease had virtually been ratified before the rapid increase in values had shown its alleged injustice.

March SI. 1.S56, bv a rule of court. Judge Pro* moml ordered three --adjourned" terms of the V**~j~ States courts in Chicago. on the first Mondays .dNlarch, May and October, in each year, in addition to UK regular terms, on the first Monday in July and tlicthiu Monday in December, previously provided by act 01 O mgre'ss. At the < tetober term in 1856. » *a.s noted that notwithstanding these apparently provisions, there was a large docket in admiralty, crunccrv and common law, as well as patent cases.

cago about 18*7, and studied law Goodrich until admitted to the Bar. December W, As earl v as February u. 184°. he is fount '« ^ , slop with George Manierre, the firm having about fanuary l. He held the offices o United SB» Commissioner and Clerk of the Limed Slites He died suddenly on April 2. 1856.

Medical History

In the following account of the medical practitioners of early Chicago, no attempt has been made to discriminate between those who were duly qualified physicians and those whose claim to the title was empirical. The fact that an individual represented himself, by announcement or advertisement, as prepared to heal diseases, has been accepted as ptima fade evidence of his having some claim to enrollment among the followers of Galen or .-Ksculapius.

The earliest authentic account of the existence of a disciple of the medical profession is found in a muster roll of Capt. Nathan Heald's company of the First Infantry,* lor the two months from November 30, 1R10, to December 31, 1810, wherein appears the name of

John Cooper, surgeon's mate, appointed June 13, 180S; on duty at Fort Dearborn. December 31. i8to: the muster roll being certified to by Phillip O'Strander. Lieutenant commanding the company, and John Cooper.

Dr. Cooper was succeeded by Dr. Isaac Van VoOfhis, one of the slain in the massacre of 1812, of whom the following account is given in the various works referred to :

The following extract is from the " Field- Hook of the War of 1812," by Benson J. Lotting: "I" the spring of 1812 the garrison at Fort Dearltorn was commanded by Captain Nathan I leald, assisted by Lieutenant l.inai T. Helm and Knsign George Ronan. The surgeon was Dr. v an Voorhis. The garrison consisted of fifty-four men. The massacre of Fort Dearborn, or Chicago, took place August 15, 1812. In this terrible tragedy in the wilderness, fifty-live years ago. twelve children, all the masculine citizens except Mr. Kcnzie and his sons, Captain Wells, Fnsign Ronan, Surgeon Van Voorhis. and twenty-six private soldiers, were murdered. Dr. Cooper, of I'otighkeepsie. N. V.. was the immediate predec essor of Dr. Van Voorhis at Fort Dearborn. They were natives of the same town. Fishkill. Duc hess County, and were class-mates. Van Voorhis was a veiling man of great powers. Dr. Cooper left the fort in 181 1, tendered his resignation and left the army."

In an obituary notice published in the Political Index, November' 17. 1X12, at Newburg. Orange Co,. N. Y.. is the following: * * * "Among the slain was Dr. Isaac Van Voorhis, of Fishkill, surgeon in the army. He was a young man of great merit, and received his early education at the academy in this village. He jwssesseel an enterprising and cultivated mind, and was ardent in the- support of the interest and honor of his country."

After the life of Dr. Van Voorhis had been sacrificed for his country, the services of a surgeon were needed to extract a ball front the arm of Mrs. Nathan Hcald, and Mr. Kinzie requested an Indian chief, who was reputed to be a medicine man, to perform the opera tion ; but lie declined, stating that qualms in the cardiac region prec luded the exercise of bis surgical skill. Mr. Kinzie then performed the operation, using his pen -knife for the purpose ; thus identifying the Kinzie family with the surgical profession, in addition to the. various other occurrences whereby this family are so intimately connected with the events that transpired in the history of Chicago, ami placing John Kinzie on record as the operator in the first surgical operation in Chicago. Another amateur is stated to have been Monsieur tin Pin. a trader, whose pharmaceutical and pathological knowledge was exercised to ameliorate the sickness of the captives in the hands of the Indians.

The next gentleman who was a member of the medical profession in Chicago was Dr. Alexander Wolcott, who was bom February (4, 1700. at Windsor, Conn., being the son of the second Alexander and Frances Rurbank Wolcott, and graduated at Vale College, in 1800.* He was appointed surgeon's mate March 25, 1812,4 and is designated in Schoylcrafl's " American Lakes" pp. 77 and 3S9 as having accompanied General Cass and Henry Schoolcraft in their voyages from May 26 to August 31, 1820; the services rendered by Dr. Wolcott being the subject of unstinted eulogium. Dr. Wolcott was the Indian Agent at Fort Dearborn in 1820. he having advanced in that year, in his official capacity, §4,258.50} and in the year 1821 $722. 14S and "between the first of January and the 31st of August, 1S22, there was employed bv the superintendent of Indian trade, at Chicago, Alexander Wolcott, at $108.33 per month. "|| Dr. W olcott married Ellen Marion Kinzie, the daughter of John Kinzie, as appears by the record in Lewiston, Fulton Co., III., "by John Hamlin, I. 1'., July 20. 1823, Alexander Wolcott' and Kllen Marion Kinzie." The lady was born in 1805. being the fust white child born in Chic ago, the place of her birth lieing the home of John and Kleanor Kinzie on the North Side. Dr. Wolcott retaineil the position of Indian Agent until his death, in 1X30. receiving, in 1826, the salary of $1,300 l>er annum, as appears by the official register of the Inited States for that year. After his death his widow married Hon. George C. Bates, of Salt Lake City.

During the residence of Dr. Wolcott, there was anothermedical practitioner at Fort Dearborn; Assistant Surgeon Thomas P. Hall, who is designated in the Armv Register for 1823 as on duty at Chicago, and in the Register for the ensuing year as at New York Har- . nor.

From records in the War Department, a syllabus of which appears in Hon. John Wtiitworth's "Fort Dear- bom," C. A. Fin ley is stated to have been assistant surgeon at the fort from October 3, 1828, until Dec ember 14, 1830 ; and the authority for his presence in that c apacity appears to have been the following order :

4. * * * The Surgcon-tienc-fal to provide medical oflken and suitable hospital supplies for the posts to be established ami rc-occupicd. By order of

Companies A and I, of the 5 1 ti Infantry, being designated as having arrived on < Ictober 3, 182S, the reason- .tbie pi 1-^11 tti pi : 11 -- that I )r I inlc\ u ,1- tl mean .1] officer designated by the Surgeon-General to accompany the troops to Fort Dearborn, Prior to the date that Dr. Finley is reported to have l)een relieved from duty at the fort, 1 >r. Harmon arrived in Chicago.*

Dr. Ki.ijah Df.wkv Harmon was born August jo, »;S2. in Bennington, Vt., and pursued his medical studies at Manchester, under the auspices of a celebrity in the profession named Benjamin Swift : commencing to practice in the fall of 1806, at Burlington, Vt, On October 30, 1.808, Dr. Harmon married Miss WVIthyan l.oomis. During the war of 1812, he was a volunteer surgeon im board the "Saratoga." Commodore Mc- Donuugh's flag-ship, and was with that officer in Uncelebrated naval engagement of I'lattsburg. September it, 1814; returning to Burlington at the close of the war and resuming hts practice. On January 22, 1816, Dr, Harmon was appointed Postmaster at Burlington, but how long he held the position is unknown. In 1 839 the Doctor Buffered some pecuniary reverses and resolved to attempt recuperation in the Great West. He arrived at Chicago in May, 1S30: his family followln« the succeeding year. He took the place of Dr. Finley, Who was absent, and was installed at the fort as post surgeon, performing the duties of that office in addition to such private practice as was attainable in those days. On the night of the 10th of fuhr, 1852, General Scott arrived with troops, on the steamer "Sheldon Thompson," among whom the cholera had manifested itself - six cases developing on the morning of July 9. subsequent to which the disease quickly attacked the whole command In consequence ol this the two companies in the fort antecedent to the arrival of General Scott were isolated and placed under the charge of Dr. Harmon, who ascribed his success in the treatment of the cholera cases that broke out in the sequestered troops m abstinence from the use of calomel by him. During this period historians relate that a misunderstanding ocCurr<-,i between Dr. Harmon and the martinet." relative to the practice of the Doctor- General Scott requiring him to devote his medical skill exclt.s.vely to the military assigned to his charge, which the Doctor refused to do. In the winter of 1811 Dr Harmon performed an amputation upon a half-breed Canadian, who hud frozen his feet while transporting the mail upon horseback from Green Bav to Chicago this being the first surgtcal operation of any importance performed. One foot and a portion of the other were medicines brought from the Green Mountains, constituted the stock ,n trade of the Father of Medicine in 1 niLaK°- His residence was a cabin of hewn Iocs - his larder, a repository of flpur. bacon and coffee But the epigastric regions of pioneers do not long for fin/,' ,/,- '<"f Chamberttn or Tokay, and the docto/s prattme increased and multiplied as rapidly as |acobs the vicinity ot Sixteenth Street, and upon a portion of which plot the home of the Hurley family - 1620 Indiana Avenue - is now situated. In 1834, Dr. Harmon migrated to Texas, and until the time of his death - January 3. 1869 - divided his sojourns between that State and Chicago. Dr. Harmon had nine children, four of whom died in infancy. The remaining live arc- Charles l.oomis Harmon, Isaac Dewey Harmon, Harriet Harmon. Lucretta Harmon, and Welthyan Loomis Harmon. In honor of the Doctor, Harmon Court received its name.

In Order No. 17, dated Adjutant-General's Office. Washington, February 23. 1832, Assistant Surgeon De- Camp, on duty at Madison Barracks, was assigned tu duty at Fort Dearborn, and ordered to accompany the troops sent to that post. He appears upon the roster of the fort as having arrived thereat with companies '* G " and " I " of the Second Infantry, under command of Major William Whistler . on June 17. 1832: remaining until November 23. following. Dr. Samuel (i. I. DeCamp was appointed Assistant Surgeon, October 10, 1823; promoted Surgeon December 1, 1833 ; retired from the army in 1S02, and tlied at Saratoga, X. V., September 8, 1871. From a report made by Dr. De- Camp during the prevalence of the cholera at Fart Dearborn in 1X32. il w> uld u>;>t-ai thai he was tni;agi in the performance of his official duties at the time, and he States that one-fifth of the entire force of one thousand soldiers were admitted into the hospital within a week, afflicted with this frightful scourge. In the foster to which allusion has been heretofore made, it is remarked thai " Fort Dearborn having become a general hospital, tin the nth July last 1832 no returns were rendered until its re-occupation."

On February 3, 1833, Assistant Surgeon Philip Maxwell is reported as having assumed his official duties at the fort. He was a witness to the Indian treaty on September 26 of that year.

run. it- M \xwn 1. was born at Guilford. Windham Co., Vt., April 3. 1799. and subsequent to his graduation, commenced the practice of medicine at Sackett's Harbor, N. V. He temporarily relinquished practice upon being elected a member of the State legislature. After his appointment and arrival in Chicago, as Assistant Surgeon, he remained in that military position until the abandonment of the fort on December 29, 1S36. Dr. Maxwell was promoted to Surgeon. July 7» >W and subsequently served with General Zachary Taylor. After his resignation from the army. Dr. Maxwell practiced medicine in Chicago, being mentioned in Fergus* Directory for 1839 as at the garrison, and in the directories from 1844 to 1847, as a physician, with his <«lhcc at the corner of I-ake and Clark "streets. In the directory for 1848, he is specified as being in partnership With Dr. Brock McVickar. subsequent directories not mentioning his association with any one in the ptactice of his profession. Dr. Maxwell is described as having been of stature approximating to the Anakim and to have been Falstaffian in his abdominal rotundity. W his jocundity, his geniality and the simulation of stern demeanor. Ixmcath which he carried the kindest 01 hearts, he has been likened to" Lawrence Boythorn - Charles Dickens's prototype of Walter Savage Lamlor. The Chicago Republican of September 13. IW thus justly speaks Of Dr. Maxwell: " It is not easy to escape his name and influence in turning over the [Hg» of twenty years of the growth of Chicago. He was one of nature *s noblemen. He was of that choice material that God makes to follow the first rough work "J* pioneers in laying the foundations of new society. »J education and training, learned, urbane and intelligent, with an acute brain, a large heart, a warm hand, with a geniality that made sunshine wherever he went; quirk to conceive, skillful to execute, Dr. Maxwell's name is upon the most solid pillar of our growth. From Chicago he went under Government orders to the Florida war, and thence returned only to civilian duties in which he here passed the rest of his life. His home was here for several years. Though often on our streets, and never relinquished as a citizen, he later removed to a beautiful country place, looking out on Geneva Lake, Wisconsin, where, since his death, a few years ago, his family still reside. Dr. Maxwell was a leading spirit here in the old garrison times. He mingled largely and controllingly in the growing social element." Dr. Maxwell died on the 5th of November, 1859, at the age of sixty years.