De Witt County, Illinois - Chapter 10: The Bexch and Bar, 1882

Chapter 10: The Bexch and Bar

H yf^Sss^^S^ She lawyer in all civilized nations lias .AiFSEsVnf/- dli. eupied a position of prominence and distinction. The legal profession is the one in which men of the keenest mind and most aggressive intellect have naturally found a place. It will be found that this important and influential class of men has not b>:en deficient in patriotism and love of lilierty. Especially under the influence of the comm)u law of England, the principles of which spring from the great body of the people, the profession of law has produced men who have been foremost in advocating the liberties of the masses, and in maintaining popular rights against the encroachments and aggressions of tyranny. The liberty-breathing spirit of the old common law nurtured in no small degree the sturdy notions of independence which have ever characterized the English race, while the sacred right of trial by jury, and the writ of Habeas Corpus have always been regarded as the strongest bulwarks of popular freedom. To this heritage, bequeathed by our English ancestors, the American lawyer has been faith ul. His voice was the first to lift itself in opposition to encroachments on the rights of the inhabitants of the thirteen colonies. It was a lawyer who formulated the principles of the Declaration of Independence, and in the subsequent history of our country, the great part of the legal profession has been composed of men who tor intelligence and patriotism have stood in the foremost rank. In Illinois, among the early pioneers, were men of mark in the profession, of high personal character and broad attainments, who instead of confining themselves to the old centres of wealth and population, where it might be thought their labor would reap the richest rewards, and their talents secure the highest emoluments, pushed to the frontier with the first wave of advancing population. Their services were of inestimable value in placing on a broad and firm basis, the foundations of the commonwealth. Their voice has since been potent in directing public opinion, and shaping the broad and liberal policy with which in general the state has treated public questions. And the two names which are most conspicuously and honorably connected with the history of the state, are those of two lawyers, who won their first triumphs at the bar of Illinois, and there fitted themselves for a wider arena in which they achieved a reputation more than national; Stephen A. Douglas and Abraham Lincoln.

The Bench

Some of the brightest aritiy of talent in the state have presided at the courts in De Witt county since its organization in 1839. When first organized it formed part of the eighth circuit, which comprised the following counties: Tazewell, Livingstone, McLean, Piatt, Champaign, Vermillion, Edgar, Coles, Moultrie, Christian, Macon, Sangamon, Logan, and De Witt.

Stephen T. Logan was commissioned Circuit Judge February 29th, 1839. His rapidly increasing, and extensive jiractice at that time, however, imluced him to resign, and Samuel H. Treat succeeded hijn. May 27th, 1839, and was again elected and recoramissioned January 30th, 1840 and continued to preside until the adoption of the new constitution in 1848. His successor being David Davis, who received his commission December 4th, 1848; recommissioned June 25th, 1855, and was again elected July 1st, 1861, and was then appointed by President Lincoln one of the judges of the Supreme Court of the United States. He was followed by John M. Scott, December 2d, 1862 who was re-elected June 27th, 1867, and presided until 1870. Thomas F. Tipton was elected Judge, August 18th, 1870, and held the position until 1873. '' Under the constitution of 1870, the General Assembly, by act of March 28th, 1873 divided the state into twenty-six judicial circuits, (Do Witt county forming part of the seventeenth), in each of which one judge of the circuit court was elected for the term of six years. Lyman Lacy, of Havana, was elected circuit judge June 10th, 1873. In 1877, the legislature passed a law establishing an appellate court, and providing for the election of three judges for each circuit. The judges thus elected, ofiiciating in this county, were respectively Lyman Lacy, C. Eppler, and A. G. Burr - who fill that position at the present time. O. L. Davis officiated as judge pro tern, in 1861, and C Emmerson in 1864. A brief sketch of the before-mentioned representatives of the bench we append as follows:

Stephen T. Locsan possessed a brilliant intellect, and won for himself a high reputation, both in law and politics. His career as circuit judge commenced in 1S35, when he was elected judge of the first judicial district. He was subsequently elected judge of the eighth circuit, which position he resigned as above stated, in 1839. His death occurre<l a few months ago, at his home in Springfield. He was one of the ablest lawyers that Illinois ever produced.

Samuel H, Tre.it, a dirtinguished jurist, and an eminent man, possessing great legal talent, and exercising strict impartiality in his official duties, presided for a time over the courts of De Witt county. He is now one of the United States district judges, located at Springfield. And by his erudition, and purity of character, has won for himself a proud and enviable fame.

David Davis, of Blooraiugton (now United States Senator). The career of judge Davis is familiar to all, and honorable to himself and his state and therefore will receive but brief mention here. In all public trusts, as Judge of Circuit, as one of justices of the Supreme Court of the United States, as U. S. Senator from Illinois, he has proved himself worthy and efficient. He is one of the few men who are able to rise equal to all emergencies, -

John M. Scott - one of the Supreme judges of Illinois, was born in St. Clair county, near Belleville, August l^t, 1823. He is of Scotch-Irish extraction. His immediate ancestry, however, were born iu Virginia ; prior to the organization of the state his parents emigrated to Illinois. His rudimentary education was acquired in the common schools, and subsequently under private tuition he acquired a knowledge of Latin, and great proficiency in the higher branches of mathematics ; he taught school for a short period, and then began the study of law in the office of Kinney & Bissell. After his admission to the bar in 1848, he removed to McLean county, and began active practice. In politics, in his early boyhood, he was an ardent Whig, and on the formation of the Republican party, he became an active member of the new organization, and has since adhered to its principles. Upon the appointment of Judge David Davis to the Supreme Court of the United States, in 1862, he became a candidate, and was elected judge of the circuit, and presided until 1870. When on the adoption of the new constitution, he became a candidate, and was elected one of the judges of the Siipreme Court of the state. For several years he presided as Chief Justice. He is the first native who has been honored with the distinction of a seat on the Supreme bench of Illinois. He is a sound and able jurist, and has shed additional lustre upon the jurisprudence of his native state.

Thomas P. Tipton - was born in Ohio, of English parentage, in the year 18-33. His father, who was a farmer, moved to McLean county in 1844, and died within a year. Owing to the death of his father, and the necessity of his aiding in the maintenance of the family, therefore the educational facilities of Judge Tipton in his boyhood, were limited to the common schools, and a short period at an academy at Knoxville. AVhile at Knoxville, he read law, - was admitted to the bar, and in 1854 began practice at Lexington, Illinois ; and in January, 1862, removed to Bloomington, and iu the summer of 1870, was elected Circuit Judge of the district, in which De Witt county forms a part. As a circuit judge he became noted for the rapid dispatch of business, and the soundness of his rulings.

Lyman Lacy was a native of Tompkins County, New York, in 1836 ; he then a mere child removed with his parents to Michigan, and the next year they settled in Fulton County, Illinois. His elementary education was acquired in the common schools. He subsequently became a student at Illinois College, Jacksonville, graduating therefrom in 18.5.5. The same year began the study of Law, in the office of Hon L. W. Ross, of Lewiston, Illinois, and the next year was admitted to the bar, and i-nmediately thereafter located in the practice of his profession at Havana, Mason County. In politics he is a Democrat, and in 1862 was elected a member of the legislature, representing the Counties of Mason and Menard. In June, 1873, he was elected Judge of the seventeenth circuit. As a jurist he has won golden opinions, his decisions are clear, forcible, and concise, and exhibit a thorough and sound knowledge of the law.

We have been unable to obtain data bearing on the history of the other able jurists who hold court in this county. Judge Cyrus Eppler, of Jacksonville, and Judge A G. Burr, of CarroUton, however, are regarded by their contemporaries as men well learned in the law.

(.'onntij and Probate ('aurt.^. - The Court having jurisdiction of probate matters and wills, was originally known as the Probate Court, and presided over by a justice of the peace under the constitution of 1848 ; this was superseded by the County Court, over which presides a County Judge, having a clerk and seal, and being a court of record. The f jllowiug County .Judges have held office in De Witt County : Daniel R(jbbins, 1849 to 1857 ; W. H. Lafferty, to 1861 ; A. A. Eals, to I860 ; Samuel Graham, to 1869 ; Jonathan R Hall, to 1873; Robert Walker, to 1877; J. J. McGraw, to 1881. Judg'^ McGraw resigned in the early part of the present year, and was succeeded by G. K. Ingham, (appointed by the Governor), who is the present incumbent.

Foujier Resident Lawyers

E. H. Palmer, was born in Madison County, Ohio, attended the common .schools there, afterwards the Granville College, finally gradu.ating at Wittenberg College, Ohio. Mr. Palmer being desirous of making money to effect a good start in the world went south, where higlier salaries were paid for services in those days than in the north He undertook the charge of a Collf-ge in the State of Missisippi; in the meantime he studied the languages, also read law, and was admitted to the bar in Mississippi. Judge L. Weldon being an old schoolmate, induced him to come to Illinois. He settled in Springfield in 1855, and commenced the practice of his profession. He removed to C inton in 1X56. The first night of his arrival in Clinton, at the hotel he met Abraham Lincoln, Leonard Swett, David Davis and others. The host being pressed for room, suggested to his guests the necessity of making each bed hold two persons. Mr. Lincoln arose to his full height, and looking calmly down at Mr. Palmer .said, I will take the young stranger under my wing ; from that time the two were always staunch friends, and Mr. Palmer was always fimd of telling the story of his introduction to Lincoln. Mr. Palmer was a well-educated man, a good linguist, and a man of experience and ability.

Among his professional brethren he was known as a skillful and cautious lawyer, and the carefulness and promptness with which he devoted his attention to legal business entrusted to him, secured him a large and remuuerative practice. He died on the 20th of March, 1S79. His eldest son, Frank, has recently been .admitted to the bar.

Henry S. Green, also an excellent lawyer, is now a resident of Springfield, Illinois ; L. Weldon, of Bloomington ; Samuel Ashton ; S. F. Lewis, still a resident here, but not in practice; E O. Hill, J. B. McK nley, H. C. Wisner W. L. Chambers, J. Ogle, .Jos. Kelly, AV. R. Kelly, Mr. Ferguson, J. R. Bl.ackford, A. Hayne, Rcinhart, Bayliss and J. W. Fell, also practiced the profession of law in De Witt county.

C. H. Moore, the oldest resident practitioner at the De Witt county bar, was boru in Ohio. Leaviug that state, he located in Pekin, Illinois, removing here, in 1841. He had obtained a fair education in the Painesville Academy and Western Reserve Teachers' Semii ary, whose sessions were held in the old Mormon Temple, at Kirtland. His early manhood was jrassed in the schoolroom, as teacher and pupil - teaching to enable him to defray his expenses as pupil. In Pekiu ha entered the law office of Bailey & AVilmot, and in Jul_v, 1841, was admitted to practice, having passed an examination in Springfield. August found him penniless, but full of energy and hope, in the village of Clinton. His proudest dream was to become as independent ill life as an uncle, worth perhaps ten or fifteen thousand dollars. To work he went, and abundance has crowned his arduous labors with success. His energy knows no flagging ; his zeal on behalf of his clients has no abatement ; his keen foresight into future values, and firm faith in the destiny of Illinois, has been rewarded. As a lawyer, he is painstaking, judicious and skillful. He is recognized wherever known as being well-read in tlie law, of pleasing address and urbane manners. He has hosts of friends.

William Fuller is a native of Pennsylvania; he came to De Witt county in 1848, engaged in teaching, and while prosecuting this work read Blackstone, Chitty's Pleadings, and pondered over the Illinois Form Bijok, and the General Statutes of the State, and acquired a somewhat lucrative practice in justices courts long before his admi.ssion to the bar - in fact, a larger one than that of any attorney in the county. When he applied for admission to the bar in 1807, the first question asked him was with whom he had studied law. The reply was prompt: " Wiih William Fuller, sir." A close examination proved his fitness, and he was admitted. He has acquired an extensive criminal practice, and enjoys the reputation of having always cleared his man. No client of his has suffered death by hanging, nor been imprisoned, although he has defended several charged with murder. As a speaker he is earnest and effective ; his power is not that of persuasive speech, but of a thorough understanding and judicious application of the law. ^

Geokge B. GRAn.\M is an Ohioan by birth ; came to Illinois with his parents in 18-32; obtained a fair common-school education ; commenced the study of law with E H. Palmer in 1S6-5 ; was admitted to the bar in 1867. In 1868 he formed a copartnership with William Fuller, with whom he has since remained; was appointed master in chancery in June, 1874, a position which he has continually held since. In 1881 he was elected Mayor of the City of Clinton, on the anti-license ticket. He is characterzied by great earnestness of manner, close application to business, and firmness i j his advocacy cif what he deems to be the right. He has taken strong grounds in behalf of the cause of Temperance. Possessed of social qualities of a high order, he endears himself to all friends.

Michael Donahue was born in jS^ew York but came when a lad to Chicago, in which city he obtained his education. He studied law with Moore & Greene, of Clinton, for three years, and was admitted to the bar in 1S63; he immediately began the practice of his profession in partnership with J. Kelly a former resident of Clinton, and afterwards with W. R Kelly. Mr. Donahue in 1870 was elected states senator, and was re-elected in 1872. Vespasian Wakner, a native of De Witt county, acquired his first teachings in the schools here, and continued his education at the Lombard University, Galesburg ; began reading law in the winter of 1S60, with Moore & Greene, of Clinton; joined the federal armv in the late war, in 1861, and after a service of five years, was breveted major. He graduated in the law department of Harvard University. Cambridge, Mass., and was admitted to the bar in 1S67, and the following year commenoed the practice, in partnership with C. H. Moore, of Clinton ; he is a man of education and culture, and an able advocate. S. K. Carter, when a boy, came from Ohio, h!s native state.

to De Witt county ; attended the schools here until the breaking out of the rebellion. He joined the Union forces, and after his return from the war entered the State Normal University ; subsquently read law with H. S. Green, and became a member of the bar in 1870, and the year following commenced practice in Clinton ; was elected states attorney for four years, and city attorney for three years.

P. T. Sweeney, a native of Ireland, landed in New York in 18-18, in which state he received his education ; came to Illinois in 1856, and tlie following year commenced reading law with Judg*' Richmond of Lacon. Mr. Sweeney gave his services to the Union in the late war, after which he came to Clinton, where his professional studies were continued with John R. Blackford, a former resident lawyer of this county ; he was admitted to the bar in 1871, and commenced the practice in parnership with his preceptor.

G. K. Ingham came to Dd Witt county from Ohio, in 18-58, and obtained his early education at the schools here, after which for two years he attended the Wesleyan University, Bloomington, subsequently the University at Ann Arbor, Michigan, where he graduated in the law department, in 1875. He first began the practice of law in Kenney, this county, where he remained until 1879 ; during that time he was elected to the legislature for one term. Siuce 1879 he has resided in Clinton, and during the present year was appointed county judge, to fill the resignation of Judge McGraw.

F. M. Burroughs has been but a short time in practice, commencing in partnership with E. A. Lemon. He is a native of the state of N-^w York, but received his education at Illinois Industrial University, Champaign ; came to Clinton in 1873, and began the study of law with R. A. Lemon, with whom he subsequently entered into partnership.

G. W. Herrick, of Farmer City, attended the academies of his native state, (Indiana) also the LTniversity at Ann Arbor, Michigan, where he graduated in the law department of that instit Jtion. He took an active part in the late war, and did valiant service for the cause of the Union, and was promoted captain. He began the practice of law in Farmer City in 1870, and has held the office of city attorney for the last three terms. Mr. Herrick has a large and increasing practice, and possesses an excellent knowledge of his profession.

R. A. Lemon was born in Sangamon county. 111., in 184'^, but removed when young to Piatt county, and received his education in the schools there ; r ad law in 1867 with W. G. Randall, afterwards with Ingersoll, Harper & Cassel, at El Paso, until 1870; during that year was admitted to the bar, and practiced in Farmer City until 1877 ; he then came to Clinton, and during the present year entered into partnership with F. M. Burrouglis.

William Monson is a native of Ohio, but came when very young to De Witt county, and obtained the rudiments of an education at Clinton, which was completed at the Illinois Wesleyan L'niversity, Bloomington. He read law with Fuller & Graham, and was admitted to the bar iu 1875. He practiced alone until 1870, when he became a partner iu the firm of Fuller, Graham and Monson. Mr. Monson is a good lawyer and a genial, pleasant gentleman.

WiLLiAJi H. Booth, originally fr-im Greene county, Ohio. He obtained the rudiments of an education at Waynesville, this county ; subsequently gained the highest class honors at the Illinois Wesleyan University, Bloomington, in 1873, in which place he afterwards studied law with Rowell & Hamilton, subsequently with Orendorf & Creighton of Springfield ; was admitted to the bar in ihe early part of 1879, ami began the practice of his profession in the same year at Clinton, and was for a time in partnership with E. S. Van Meter. He was elected states attorney for four years in November, 1880, and is the present incumbent.

C. M. Welch, of Farmer City, a native of Ohio, obtained his education in the academics of that and the neighboring state of Jndiaia; came first to Illinois in 1860 ; the ne.xt year returned to Indiana and commenced studying law with Judge John Morris, of Fort Wayne, in 1861 ; soon afterwards joined the Union troops in the late war, and at its close iu 1865 came to Farmer City, where be for a number of years followed tbe profession of teacher; finally renewed the study of law with G. W. Herrick; qualified himself, and was admitted to the bar in 1S79, from which time he has continued to practice. In April, 1S81, he was elected Mayor of Farmer City for the usual term of two years.

O. E. Harris, of Kinney, came from Henry county, Kentucky, at an early age, and received the first rudiments of an education in tbe neighboring county of Logan; attended the State Normal University in 1S6S, and completed his education at Eureka College ; read law with Judge W. E. Dicks, of Logan county, and was admitted to the bar in 1S73 ; settled at Kinney in the early part of last year, where he continues the prac ice of his profession.

Edgar S. Van Meter, born in Hardy county. West Virginia, and educated in the schools of that state, came to Illinois in 1870, and to De Witt county in 1875 ; began the study of law with E H. Palmer^ and was admitted to the bar in 1878. He practices tbe profession in Clinton, and does an extensive business in conLcction with the railroad interests of the county.