Jefferson County, Illinois - Chapter 11: Jefferson County Courts, 1909

Chapter 11: Jefferson County Courts

"Oh make Thou us, through centuries long, In peace secure, in justice strong; Around our gift of freedom draw The safeguards of Thy righteous law; And cast in some diviner mold, Let the new cycle shame the old!"

In these days of light thinking and still lighter talking about the law and the courts, it is well to get back towards the old landmarks and understand that the perpetuation of our liberties depend largely upon an honest and intelligent bar. It is by the courts that criminals are apprehended and punished; it is through these courts that wrongs are redressed, and the innocent given their liberty. Coming nearer home, we can truly say that Mount Vernon may well be termed the seat of justice - the home of Judges. In 1848, the Supreme Court was located here, and the state has spent considerable money in buildings and equipments, and today Mount Vernon has a fine state court-house and contains one of the best law-libraries in the state. The first term of the Supreme Court was held here in 1848, with S. H. Treat, Chief Justice, and J. D. Caton and Lyman Trumbull, Associates; Finney D. Preston, Clerk. In 1854

Preston resigned the clerkship and Noah Johnson was appointed. In 1855 Treat resigned, and O. C. Skinner elected to the vacancy, but Scates was made Chief Justice, but in 1857 Caton came in as Chief Justice and Sidney Breeze was elected in Scates' place. In 1870 the new constitution increased the number of judges from three to seven, making seven districts instead of three. In 1878 Breeze died, and D. F. Baker succeeded him, and J. H. Mulkey succeeded Baker. In 1867 R. A. D. Wilbanks (Bob) was elected Clerk; in 1878 J. O. Chance succeeded him. Until the court-house was ready for use, the court held its sessions in the basement of the Odd Fellows old hall, and in the Masonic hall, over J. Pace & Son. T. B. Tanner, Major Johnston, Z. Casey, W. J. Stephenson and J. N. Johnson were selected to superintend the building of the Supreme Court House, and Tanner, who had been sent to Legislature, obtained ten thousand dollars and the building was finished and is a credit to the state.

Among the men who occupied the bench of this court, perhaps there was none better equipped for the place than our Carlyle neighbor. Judge Sidney Breeze. He had served as State's Attorney, Attorney for Illinois under President Adams, and had been a member of the United States Senate, in all of which positions he proved himself competent. Many good things might be said of him, truthfully, but his record is in the hands of the people.

Walter B. Scates

one of our own legal jewels, needs but a brief notice at our hands. Although "brought up in the woods", he was a man of excellent repute, a useful citizen of Mount Vernon, a superior judge of law and a pure citizen without guile. He ranked among the best and most honorable judges of the state, and was withal a Christian genwall's history of JEFFERSON CO., ILL. 105 tleman of the old school. After leaving Mount Vernon, he located in Chicago and held positions of honor and trust there. When Lyman Trumbull was elected to the United States Senate, Judge Scates succeeded him on the Supreme Bench.

Baker, Mulkey, Breeze, Scates, Koerner, and all who came to the Supreme Bench from our part of the state, proved themselves the peers of the best talent from the northern part of the state, as well as from other states.

The new Constitution provided for the creation of Appellate Courts after 1874 in districts made for that purpose, to which appeals from the Circuit Courts could be taken. Such Courts to be held by Judges of the Circuit Courts, as provided by law. Under this provision this was made the Fourth District, with three Judges. On the organzation of the court for this the Fourth District with headquarters at Mount Vernon, T. B. Tanner, J. C. Allen and George W. Wall were assigned by the Supreme Court to Appellate duty. Judge Tanner became presiding Judge and Wilbanks, Clerk, by virtue of his Supreme Court clerkship. In 1879 Judges Wall, Baker and F. S. Casey came to the Appellate Bench. This court greatly relieved the Supreme Court, where much business had accumulated.

Tazewell B. Tanner

No member of our Jefferson county bar ever became so thoroughly identified with every material interest of the town and county as did T. B. Tanner. He came to this county in 1846 and took charge of the public schools and afterward assumed the editorship of the Jeffersonian, the only paper published here. In 1849 he was siezed with the gold fever and went to California, but returned the next year and was elected Circuit Clerk, served two years, resigned to give place to John S. Bogan. He then entered the practice of law with T. S. Casey, and in 1854 was elected to the Legislature and secured favors for Mount Vernon in aid of the building of the Supreme Court House. In 1862 he was elected to the Constitutional Convention. In 1867 he was a candidate for Judge, but James M. Pollock, another Mount Vernon Judge, was elected. Four years later he was elected over Pollock and Colonel Crebs, of Carmi. At the expiration of his term he took up the practice of law, and held his own against all comers. He was a profound lawyer and kept up with all the decisions. To his clients he was honest and just, and if his patron did not have a good case he would frankly tell him so. He married Governor Stinson Anderson's daughter, Sarah, who is still living among us. On the bench he was diligent and painstaking, sifting every case and bringing to the front all the equities. Of unimpeachable integrity, a better and purer man never sat in judgment. Tanner still lives in the hearts of our Jeffersonians.

Judge T. S. Casey

was another Jefferson county product - a son of Governor Casey. He was educated at McKendree College, and after securing the degree of Master of Arts, studied law with Hugh Montgomery, and in 1854 was admitted to the bar. Elected State's Attorney in 1860 and re-elected in 1864. In 1862 he entered the United States army as colonel of the One Hundred and Tenth Illinois Volunteer Infantry. He participated in the battles of Perryville, Stone River and several minor conflicts. On his return home he resumed his professional labors, discharging the duties of Prosecuting Attorney until 1868. In 1870 he was elected to the Legislature and in 1 872 to the State Senate, where his noted father had served years before. In 1879 he was elected Circuit Judge and assigned to duty on the Appellate Bench. In politics he was always a hardwall's history of JEFFERSON CO., ILL. 107 settled in Fairfield in 1 844, and was a few years later made Judge of this Circuit for six years. We believe the old Judge is still living in Fairfield - totally blind. Circuit Court commenced in this county in 1819, with Judge Wilson presiding and has been in business ever since. It is impossible as well as undesirable, to follow up the succession. Suffice it to say, we have had many learned judges and many important cases since then. In 1 838 we find that Downing Baugh was indicted for peddling clocks without a license, but he was not convicted and the very next year was elected Circuit Judge. In 1841 an indictment for murder was returned against Rolin Bradley for the murder of Elijah King in Elk Prairie. He was pronounced guilty and sentenced to he hanged. A gallows was erected on the road, somewhere this side of Newby's and stood there for many years. We well remember how we boys used to "shy around" it when we had been out "plugging" watermelons. Bluford Hayes took a petition to Springfield for reprieve and got back with the papers just in time to disappoint one of the largest crowds that had ever assembled in the county. Bluford wqs thereafter very unpopular because he had interfered with the exhibition and many believed as long as they lived that the jury was right when they said "hang." The jury consisted of Coly Smith, W. M. Fuller, John H. Watson, S. B. Shelton, B. McConnell, Jesse Phillips, Downing Baugh, John Holt, D. McLaughlin, Joel Smith, Ed Owens and W. Gibberson.

Judge Scates was on the bench from 1837 to 1840, then Judge Denning to 1846 - when Judge Baugh came in. Marshall came back from Congress and presided till 1 865 and then Judge Pollock came and was succeeded by Judge Tanner, and then Casey. Since then we have had as Circuit Judges: Allen, Creighton, Pierce, Newlin and other residents of other counties - all good Judges, however.

William H. Green, Sr

was another member of the bar of this county whose light was not to be hid. He came with his father's family to Mount Vernon in 1846. He was the son of Dr. Duff Green, Sr., whose ashes sleep in Old Union cemetery, and a brother of Dr. W. Duff Green, who was for so many years prominent in Mount Vernon's history. After teaching school, he read law with Judge Scates and was made a lawyer in 1 852. He moved to Metropolis, then to Cairo, and became prominent both in the law and in politics. He died about a dozen years ago, at his home in Cairo.

Lewis F. Casey

was another Jefferson county boy struggling up to manhood. He read law with R. F. Wingate, and was admitted to the bar in 1 845 ; went to the Legislature in 1846 and voted for S. A. Douglas for Senator. For two years he was a law partner of Judge Breeze. In 1852 he moved to Texas and was elected Prosecuting Attorney and made financial agent of the state. In 1861 he was sent to the Texas Senate, the one that passed the ordinance of secession ; voted for Wigfall for Senator of the Confederate states, and of course for Jeff Davis for President of the same. He returned to Illinois in 1 866 and located at Centralia for the practice of law. He and Captain S. L. Dwight had an extensive practice, until he died and Captain Dwight was elevated to the Circuit Bench. He was a son of Green P., a nephew and son-in-law of Governor Zadok Casey.

Richard S. Nelson

was another Mount Vernon lawyer for many years, and all admitted that he was a good one. He also held forth at Shawneetown, Old Frankfort and Metropolis. While at this place last he had some experience - more than he wanted. He arrayed himself with the law-and-order party as against the "Flatheads," something like the Kentucky Regulators, and they tried to "get him," but he got away from them and came to Mount Vernon. He was a man of more than ordinary ability and rose to distinction without friends or money. His intellect, legal erudition and unbending integrity commanded confidence and respect wherever he was known. Jasper Partridge was a partner with him, but in 1861 he raised Company I of the Forty-fourth Illinois Volunteer Infantry and became captain of same, and located at Carmi after the war until he died.

Seth F. Crews

came in 1872 and joined teams with George M. Haynes in the law. He was elected State's Attorney in 1876, and to the Legislature in 1882, then moved to Chicago where he now resides.

A. M. Green

graduated in the law at Ann Arbor, Michigan, and was admitted to the bar in 1870. In 1872 he was elected State's Attorney and served four years. In 1877 he was sent to the Legislature and moved to Texas, where he is quite prominent in his profession and in politics.

Judge in 1877, serving acceptably for four years. He edited a Democratic paper here and moved to Texas several years ago and is doing well there.

George B. Leonard

another Jefferson county production, admitted to the bar in 1876; practiced here for several years and moved to Danville, Illinois, where he ranks with the most successful practitioners.

for many years the acknowledged head of the Mount Vernon bar. came here just before the war, taught school and worked about. Was elected County Clerk in 1865, served until 1869, then pursued the practice of law with diligence until his death, which occurred a few years ago. He was a leading Mason, and a prominent man in politics - always a Democrat - public-spirited in all local enterprises and a valuable citizen of the town and greatly missed when he died.

James M. Pollock

came to Mount Vernon in 1857 and entered upon the practice of law. In 1864 he was elected Circuit Judge, and was re-elected. He was a good lawyer, a Presbyterian and a Democrat. He died some time in the eighties.

W. C. Pollock

son of J. M., obtained license and began the practice of law here, but now holds a legal position of some kind at Washington, D. C. He married Judge Grant's daughter. May.

James M. Pace

was born in Mount Vernon in 1 826, among the first male children coming into the world in Mount Vernon. He was a "fixture" here during his natural life. Nearly everybody knew him and it may be nearer the truth to say that he knew everybody in the county, for he was almost a walkmg encyclopedia of knowledge of things pertainmg to Jefferson county and we personally regret his absence as we try to lasso facts for this volume. He certainly would be of very great help to us now and our life-long friendship would, we feel certam, insure us this assistance. For several years he was County School Superintendent and when a city charter was granted to Mount Vernon, he became its first Mayor. He and his wife died within a year of each other, leaving Judge W. T. Pace and Mrs. Bitrolf, surviving children.

W. N. White George M. Haynes

admitted in 1870, was a partner of Seth Crews and drifted to Chicago with him and has served as Corporation Counsel and other important places. George is one of these good, whole-souled fellows that we read about, but seldom meet. He was a grandson of Joel Pace and a better historian than we ever expect to be.

admitted to the bar in 1867, for twelve years was Clerk of the Supreme Court, but was generally too busy with politics to do much at the law. He has been dead several years.

Colonel Hicks

too, was a great lawyer, but he gloried more in military achievements and we have not his legal record, but his military history is given elsewhere.

Finney Preston

This concludes the members of the bar who are "absent without leave" - who have "appealed their cases to the higher court" - and we feel it proper and right that we turn our pencil upon the legal lights who are still with us, cumber the earth with their presence, as follows:

JOEL F. WATSON. We take our young friend, Joel F., first, because we believe in putting our young men to the front and because Joel F. Watson, Sr., was an honored name among our pioneers. He was the grandfather of our youngest attorney whose name he bears. Joel was recently graduated from a noted Texas law school, married a Texas belle and came home to embark in the practice of the profession as a partner of his father, Albert Watson. He is now serving as Master in Chancery, and has a bright future before him.

WILLIAM T. PACE, son of James M. Pace, and the grandson of Harvey T. Pace, is too well known to be presented to the people now living here, but for the benefit of coming generations, we will state that no more genial man lives than Willie Pace. He is a lawyer of good repute, always seeking to know just what is the law, and have it take its course. He is true to his clients and if any of them have a bad case he frankly tells them so. He served as County Judge for several years, and gave general satisfaction. Recently he and Miss Dry, of DuQuoin, were united in wedlock, and have settled down to housekeeping in the old homestead so recently vacated by the death of his lamented parents.

ALBERT WATSON, the youngest of three sons bom to Joel F. and Sarah (Taylor) Watson, was born in Mount Vernon, April 15, 1857, attended Mount Vernon schools and finished up at Mc- Kendree College. He taught school two years, then began reading law under C. H. Patton, was married to Mary E. Way. He was admitted to the bar in 1880 and it is now admitted by all that he is a good, safe lawyer. He is also president of the Ham National Bank of this city, the bank at Ashley, at Ina, and Ewing.

WILLIAM H. GREEN, the son of Dr. W. Duff Green, is another Jefferson county production, a valuable citizen and one of the best lawyers in Southern Illinois. He is an impressive pleader, a close student of all the important decisions of the courts, with a mind judicially poised, backed up with a determination to reach the highest round in the ladder of professional excellence. He has been the choice of his own county for several years for the Circuit judgeship. He has served the county as State's Attorney, as representative in the State Assembly, and other important places with honor and fidelity. The most peculiar part of it is he is a bachelor. "A hint to the wise," etc.

A. D. WEBB, now County Judge, is a Franklin county product, but a fine man and a good lawyer. He is now in the full flush of manhood, with ability and determination enough to keep him at the front for many years to come. As Judge he is proving himself the right man in the right place.

C. W. HAE^ISS, a Perry county boy, son of Rev. J. Carroll Harriss, a war-time friend of the writer, "Clarence," as we all call him, is a conscientious, industrious, painstaking young man, combining all the elements that go to make up an ideal legal light. He has a business partnership with Judge Webb, and is getting his share of the practice and has a bright future before him. He recently married an excellent Mount Vernon girl, the late William H. Herdman's daughter, and is "one of us" for all time to come. He is developing into an orator of considerable ability.

WILLIAM C. BLAIR came to us as a Washington county product, and is gaining prominence as a criminal lawyer, but is perhaps a little more inclined to politics than the law. He has served in the capacity of State's Attorney, Master in Chancery, and has just been re-elected as Representative in the Legislature. Both as a lawyer and a politician, hunting the "deep swimming holes," he will no doubt succeed in "getting there."

Walls History Of Jefferson Co., Ill

ceed. He graduated at the law in one of Indiana's best law schools. He has just served two terms as City Attorney for Mount Vernon. He may not intend to get in anybody's way, but it would be a good idea for aspiring young fellows, like himself, to leave him a clear track.

CON SCHUL is an importation, but has been forging to the front since he came. He is one of those self-made lawyers that knows no defeat, and his only danger, perhaps, comes from within. He is persistently for his client (as all good lawyers are) and no loop-hole escapes his attention. When it comes to pros and cons, he is always on the "Con" side.

ROBERT CARPENTER was a student of C. H. Patton and succeeded in getting the correct principles of the law well settled in his mind, but never has sought much practice, and he is advanced in age now, so that he will not long be seeking earthly justice, but justice of a higher order, and it certainly cannot be that any Jefferson county lawyer will be found on the wrong side when it comes to - the highest court. At least, we hope not.

JAMES L. POLLOCK, son of the late Judge Pollock, was raised in our midst, married here, and is one of us. He is a good, quiet citizen, a good lawyer and is doing well m the practice of his profession. He was a candidate for State's Attorney, but was distanced in the primary. He is a better lawyer than politician. No doubt, he will be favorably heard from along the legal road of life.

KIRBY SMITH, a Scion of one of the F. F. J's. (first families of Jefferson), is another member of our local bar, well equipped for unravelling the legal tangles that may occur in our county. Like the rest of the bar, he is comparatively a young man and has great possibilities ahead of him. Perhaps the law would yield more to him than politics, as he has just received his second defeat for State's Attorney, but is now ready for any legal tussle that may come along.

GEORGE L. ORE, his Republican opponent, was re-elected State's Attorney. Ore is a Hamilton county production, but as the saying down there is, "he's a yallar good one." He is just entering on another four years' term as State's Attorney, which position he fills to the perfect satisfaction of the people, and although the county is normally Democratic and he is a Republican, he has been elected twice in succession.

NORMAN H. MOSS is another Jefferson county production and a good one at that. He has been in the practice of law several years, and is quite popular - a logical reasoner, a close thinker, an attractive speaker and wears a smile that will not come off. He has a bright future before him, legally speaking, if he does not follow the ignis fatuus of politics too far into the dismal swamp. He has been a member of the Legislature and is now serving as parole officer of the Southern Illinois Penitentiary.

NORMAN A. PIERCY is another Jefferson county product, and interests himself both in the law and agricultural pursuits and is doing well. He is strictly conscientious in his dealings with his fellow men - a thing, we regret to say, cannot always be truthfully said of lawyers.

ROBERT M. FARTHING, also a native of old Jefferson county, ranks A No. I in the courts and on the bench. He served four years as County Judge. For the past two years he has held an important legal position under the government, with headquarters in Ohio, but has never thought of giving up Mount Vernon as his home. We still claim him as "our Bob." The people will watch for his home-coming.

JOHN BAKER, Farthing's student, is also in Ohio, with him. Baker is a young man just entering the profession and will no doubt make his mark. He is also a Jefferson county product.

the fact that they are all comparatively young men (except one) and nearly all Jefferson county "kids," hence our anxiety to see them all do well, so that the next historian may embalm them in a sarcophagus of good words and sweet memories.