Livingston County, Illinois - Chapter 12: Livingston County Bench and Bar, 1909

E. Payson, Judge N. J. Pillsbury And Others

EARLY LAWYERS IN LIVINGSTON COUNTY - WOODFORD G. MCDOWELL THE FIRST LAWYER TO LOCATE IN THE COUNTY - OTHER PRACTITIONERS WHO HAD A NOTABLE CAREER - JUDGE BILLINGS P. BABCOCK, JOHN H. MCGREGOR, ALFRED E. HARDING, JASON W. STREVELL, JOHN B. PERRY, LEWIS E. PAYSON, JUDGE N. J. PILLSBURY AND OTHERS WHO ESTABLISHED NOTABLE REPUTATIONS - PERSONAL SKETCHES OF LAWYERS OF THE PRESENT DAY - LIVINGSTON COUNTY JUDGES.

As Woodford G. McDowell is so celebrated in the early history of Livingston County, we are interested in every detail we can get concerning him. Without doubt, Mr. McDowell was the first resident attorney to practice the profession of law in the county, although there is no record that he was ever admitted to the bar. While operating a sawmill, running a store and farm in Avoca Township, he found a few spare moments to study law in which he became proficient, as not one of his decisions during his fourteen years as justice of the peace was ever reversed when taken up on appeal. In 1844, he was appointed master in chancery by Judge T. Lyle Dickey, of Ottawa, and in 1859 was elected county judge. In 1858, Mr, Mc- Dowell formed a partnership with the Hon, Greenbury L. Fort, of Lacon, and engaged in the practice of his profession as occasion required. In 1860 he moved to Fairbury, thence to Washington, D. C., where he died several years ago.

Judge Billings P. Babcock settled in Esmen Township in 1848, and engaged in farming. He studied Jaw in New York and was regularly admitted to practice in that state. Mr. Babcock devoted but little of his time to the practice of his profession in this county. In 1852 he was elected county judge, serving three years, resigning as he could not be absent from his office, when he so desired. He devoted the remaining portion of his life to farming, with the exception of the last few years, when he moved to Pontiac, at which place he passed away.

John H. McGregor was the first practicing attorney to locate at the county seat, arriving in 1852. He found but little work in his profession, and shortly after arriving engaged in the mercantile business with I. P. McDowell and Samuel C. Ladd. In a few years, Mr. McGregor retired from the firm, devoting all his time to the practice of his profession. He was a very able lawyer and his ability as such is highly spoken of by the people in the early days. He died in Pontiac in 1856.

Joel H. Dart. also a lawyer of ability, came from the state of Vermont in 1854. Shortly after his arrival he formed a partnership with John H. McGregor, which continued until the death of Mr. McGregor. In 1857, Mr. Dart returned to his native state, where he died the same year.

Richardson S. Hick, of New York state, located in Reading Township in 1852. Besides being a farmer, Mr. Hick engaged in the practice of law and had considerable business in the northwestern portion of the county. He was elected justice of the peace and served one term in the House of Representatives, being elected in 1858. He took an active part in politics and was one of the*leading orators of his day in the county. He moved to Kansas about the year 1865.

Orlando Chubbuck engaged in the practice of law at Long Point Township in the early '508. He figured largely in the politics of the county during the period preceding the Civil War. Soon after coal was discovered at Streator he moved

Charles J. Beattie located in Pontiac in 1856 and a few years later entered into a partnership with Jerome P. Garner, practicing until about 1870, when he removed to Chicago.

Alfred E. Harding came from New York state and located at Pontiac in 1857. After his arrival, Mr. Harding took charge of the Livingston County News, which he edited until 1859, advocating the cause of Stephen A. Douglas, of whom he was an enthusiastic admirer. In the early days of Pontiac, Mr. Harding was a leader in the Democratic party, always taking an active part in politics. He was one of the leading lawyers of the county and has served the city of Pontiac as mayor and alderman. About ten years ago he received a stroke of paralysis and was compelled to retire from his chosen profession. A few years ago he published a book of his poems, which were well received by his old time admirers, one of them, "Outside the Gates," deserving special mention. At the age of 78, Mr. Harding is still a resident of Pontiac.

Jason W. Strevell located in Pontiac in 1855, coming from Albany, N. Y. Besides practicing law, Mr. Strevell engaged in merchandising, conducting the first exclusive hardware store in Pontiac. He was an able lawyer and was the leader in the early days of the Republican party in Livingston County. He was intimately acquainted with Abraham Lincoln and entertained him at his home in Pontiae after his lecture, which was delivered in January, 1860. In 1864, Mr. Strevell was elected to the lower house of the General Assembly, serving two years. In 1868, he was elected to the State Senate, being the youngest man in the body at that time. He was on the most important committees in that body and served the people with marked ability. He moved to Miles City, Montana, about thirty years ago, where he met with deserved success, Ten years ago he passed away and his remains were brought to Chicago for burial beside those of his daughter Nellie.

Jonathan Duff, one of the able advocates at the Livingston County bar, arrived in Pontiac in 1856 and engaged in the practice of law with Hon. A. E. Harding. who came one year later. Mr. Duff engaged in the real estate business in connection with his practice. He was postmaster at Pontiac during the Buchanan administration and was elected county judge in 1861,

In 1866 he engaged in the banking business with A. W. Cowan, and was instrumental in locating the first industry of any size in Pontiac in 1867 - the Pontiac Woolen Mills. He was a leader in tbe Democratic party and was always at the head of everything which went to the upbuilding of the county. He passed away about twenty years ago.

John B. Perry arrived in Pontiac about 1860, from Bloomington. He was the youngest member of the bar at that time, being 21 years of age. In 1862, he enlisted and went to the field as captain of Company C, of the 129th Regiment. In the fall of 1864 he was obliged to resign and come home, resuming the practice of his profession. As soon as his health was restored, he returned to the army where he remained until the close of the war. After his return to Pontiac he became a member of the law firm of Collins, Perry & Payson, and at once took a leading position at the bar. Although the youngest member of the bar, Captain Perry was always considered the leading orator. He was distinguished most of all for his kindly disposition, great heart and persuasive eloquence. His popularity was great among all classes, but especially with those who had occasion to employ him in the line of his profession. With an entire freedom from egotism, so often the bane of talented public speakers, and a voice so pleasantly and musically modulated as to carry delight; with a grace of manner and an elegance of diction which we have seldom seen exceeded, he was the ido: »f his hearers on the forum or on the stump. So great was his popularity at that time, that whenever it was known that he was to sum up an important case in court, people would flock to the court house discourse rise to such brilliant strains as to eclipse, for a time, his incomparable style. Captain Perry died in Bloomington in October, 1869, aged 30 years.

Simeon DeWitt was another of the pioneer attorneys of Livingston County, arriving in Pontiac in 1854 from the state of Pennsylvania. Mr. DeWitt was an able lawyer. He built the first house on the south side of the river at the corner of South Mill and West Reynolds streets, where he died in 1860.

from Ottawa and opened a law office. He was one of the leaders of the Republican party in Livingston County in 1860, and a lawyer of marked ability. At the outbreak of the Civil War he enlisted in Company D, Twentieth Infantry. and was commissioned first lieutenant,. resigning in one year on account of ill health. He came back to Pontiac to practice his profession but only remained a short time, moving to Ottawa, where he died in 1864,

Joseph F. Culver came to Pontiac in 1859: from the state of Pennsylvania, having studied law in bis native state. On his arrival he entered the office of the county clerk as deputy, continuing his legal studies at the same time,. During the campaign of 1860 he took a prominent part in the political affairs of the county, being a leader in the Democratic ranks. At the breaking out of the war he was made captain of Company A, 129th Regiment, and served throughout the rebellion. In 1865 he was elected county judge serving four years. April 28, 1866, he was admitted to the bar. In 1869 he engaged in the loan, real estate, insurance and banking business, continuing also in his profession. Mr. Culver was a leading member of the Methodist church and one of the best pulpit orators of his time in this county. He did more for Pontiac than any one man who has ever lived within the limits of the city in more ways than one, In his business dealings he was lax, and when the crash came in 1878, he was left penniless. But his friends stood by him, and he soon left for Kansas to recuperate his fortune. In this he was partially successful. He died there about twelve years ago. Draw the mantle of charity over his faults; forget, if you can, whatever you would not like to remember, but you cannot forget his kind, beaming face, the superlative grandeur of his eloquence, and his friendly love.

J. G. Strong was among the early practitioners of the Livingston bar, locating in Dwight. Herepresented this district in both branches of the Legislature, and in 1866 started the first bank in Dwight. Mr. Strong moved to South Dakota in 1879.

L. G. Pearre, Joseph I. Dunlop and R. S. Mellduff were the leading lawyers of Dwight in the early days. Pearre and Dunlop are dead, the former being killed in a railroad wreck on the C. B. & Q. in 1884. Mr. McIlduff moved to- Pontiac in 1881. having been elected state's-

Samuel T. Fosdick came to Livingston County in 1858, locating on a farm in Germanyille Township where he remained until 1864, when he moved to Chatsworth and opened a law office. In 1876 he was elected senator from this district, the duties of which he performed in a faithful manner. Mr. Fosdick was a man of acknowledged ability and a leading citizen of the southeastern part of the county until the day of his death.

R. R. Wallace located in the village of Chatsworth in 1867. During the Civil War he was captain of a company from Ohio, his native state. In 1874 he moved to the county seat. having been elected county judge in 1873, a position he held for twenty-one consecutive years. He was nominated by the Democrats of this district for congressman, but was defeated by L. E. Payson. Mr. Wallace is still engaged in the practice of law in Pontiac.

George Torrance came to Chatsworth from Danville, Ill., being a native of Ohio, where he was born in 1847. In 1864 he enlisted with the 149th Illinois Volunteers and served until the close of the war. After coming to Chatsworth he served as justice of the peace and studied law in the office of Fosdick & Wallace, being admitted to the bar in 1875. He engaged in practice at Chatsworth until 1881, when he moved to Pontiac, becoming a member of the firm of Mcllduff & Torrance, and when that was dissolved he was alone for some years. Mr. Torrance was elected to the State Senate from this district in 1880 and served in that capacity for eight years. He would never accept criminal cases, but as a civil lawyer met with most excellent success in his chosen profession. In 1897 Mr. Torrance was appointed by Governor John R. Tanner superintendent of the Illinois State Reformatory at Pontiac, which position he held for four years, making a good executive officer. On his retirement from this position he started in Pontiac a weekly paper called the Commonwealth, which he published until his death in October, 1905. He also served as master in chancery for four years and was a member of the township high school board for six years, being president of the board for five years.

Mr. Fleming was a successful lawyer, a brilliant orator, and several of the leading attorneys, who afterwards became members of the bar in this county, read law in Mr, Fleming's office, among whom were Judge N. J. Pillsbury and O. F. Pearre.

L. E. Payson came to Pontiac about the year 1864 from Iroquois County. He was then a young man of ability and formed a partnership with M. E. Collins and Captain John B. Perry. This firm at once became leaders at the bar, every member being noted for his ability in some particular line. Mr. Payson as a lawyer ranked high and his professional services were in demand all over the county. In 1869 he was elected county judge, serving one term. At the urgent request of his many admirers in Livingston County he became a candidate for Congress from this district in 1880. He secured the nomination and was elected in 1881, serving five terms, being the only congressman ever elected from this county since the date of its organization down to the present tíme. As a legislator ín the halls of Congress, Mr. Payson at once galned prominence, and during bis first term became a member of the committee on public lands. Thé next term he became chairman of that important committee and introduced several bills declaring forfeited thousands of acres of unearned grants all over the United States. In 1891 he was defeated for re-election by Herman W. Snow, and at once moved to Washington to practice his profession, where his ability was recognized, his services being in demand by the large corporations throughout the United States.

William T. Ament, one of the leading criminal lawyers of the state, came to Pontiac in 1860, from Ottawa, where he had previously practiced his profession, Like Captain John B. Perry, Mr. Ament was an orator, and several noted criminals in the early days of Pontiac were set free owing to his ability as a pleader before the jury. On one occasion he was employed by a lady as counsel in a breach of promise case, the damages being laid at $10,000. The defendant was one of the leading citizens of the eastern part of the county, one of the first settlers, and a man held ín high esteem by everyone who knew him. In summing up before the jury, Mr. Ament presented such a horrid picture of the man that many of his old neighbors, who were present at the trial, gathered at a school house the next evening for the purpose of mobbing the defendant and driy- Ing him from the country. Better counsel prevailed, however, and the mob was dispersed. The jury found for the plaintiff, but on taking the case up to the supreme court that body changed the whole situation by finding for the defendant. Mr. Ament died in Pontiac in 1897.

Since the retirement of the Hon. A. E. Hard- Ing and Judge N. J, Pillsbury from active practice, C. C. Strawn is the oldest living member of the Livingston County bar in point of service. Mr. Strawn is a native son of Illinois, being born at Ottawa in 1841, his father being one of the early settlers of La Salle County. In 1861 he enlisted as a private in Company I, 11th Illinois Volunteers and served three months. On his return be read law in Chicago and was admitted to the bar in 1863, practicing in Chicago and Omaha, and arrived in Pontiac in 1867. In 1870 he was appointed state's attorney for this judiclal district by Governor Palmer and performed the duties in a creditable manner. Since coming to Pontiac, Mr. Strawn has always taken an active interest in political affairs and several times was nominated for office. As a civil and criminal lawyer, Mr. Strawn ranks high, as his connection with several of the most important cases ever tried in Livingston county will attest. For many years be has been attorney for the Chicago & Alton Railroad in this county, and is now actively engaged in practice with his son, Major Louis F., the firm name being Strawn & Strawn.

William B. Fyfe, a native of Scotland, came to Livingston County in 1856 and followed merchandising two years at New Michigan and then went to farming. In 1862 he moved to Pontiac and entered the law office of A. E. Harding. He was always a stanch Abolitionist, and while located at New Michigan was associated with Moses Rummery, Otis Richardson, Rev. H. H. Hinman and others in the early days of the antislavery movement, and kept one of the depots of the underground railroad. In 1862 he enlisted and went to the front with the 129th Regiment and remained until the close of the war. On his return he was appointed deputy county treasurer and county land commissioner, and in 1867 was elected county treasurer, serving two years, since which time he engaged in the practice of law until his removal from Pontiac about twenty years ago. Mr. Fyfe died in the state of Nebraska about ten years ago.

B. H. McDowell came to Livingston County with his mother and brothers in 1850, locatíng at Avoca. In 1860 he was engaged in teaching school in this county, and was in attendance at one of the first teachers' institutes held in this county. At the outbreak of the Civil War he enlisted in the 17th Indiana Volunteer Infantry, and was discharged by reason of ill health the following winter. He returned to Pontiac and six months later recruited and drilled a company of men which afterwards became a part of the 129th Regiment, became sergeant major of the regiment and afterward promoted to lieutenant, remaining with the regiment until the close of the war. On his return from the war he engaged in the hardware business in Fairbury, studying law at the same time. He was admitted to the bar in 1869, removed to Pontiac in 1872, and in 1888 was elected state's attorney, serving one term. He died at his home in Pontiac, August 13, 1908.

Alonzo P. Wright came to Odell in 1867 from the State of Maine. He served his village as clerk and attorney for several years, and had a large practice in the vicinity of Odell. Mr. Wright was an able attorney and now resides in Streator, Il.

James H. Funk came to Odell in 1866 from Ohio. He engaged in farming, pursuing the study of law at the same time. In 1871 he was admitted to the bar and became a partner of Alonzo P, Wright. Mr. Funk was elected state's attorney in 1872, serving four years. He was a man of ability in the legal profession and a politician of note. About twenty-five years ago Mr. Funk removed to the State of Iowa where he became a power in politics, being elected a Representative in the General Assembly and Speaker of the House, a position he filled with honor to himself and the people. Mr. Funk is still engaged in the practice of the law in Iowa Falls, Iowa.

O. F. Pearre, teacher, writer, poet and lawyer, settled in Newtown Township in 1859, coming from the State of Ohio. He engaged in teaching in this county and in 1860 took charge of the New Michigan Academy as principal, remaining two years. He next spent two years as principal of the public schools of Dwight and in 1865 was elected county school commissioner, serving in that capacity for two years, in the meantime reading law with Samuel L. Fleming of Pontiac. Mr. Pearre was admitted to the bar in 1866 and at once engaged in practicing, making a specialty of collections. For ten years, from 1865 until 1875, he was engaged as local editor for either the Pontiac Sentinel or Free Trader. As a local editor, Mr. Pearre never had an equal in Livingston County from the date of the first publication down to the present time, but as a poet he will be remembered longer, perhaps, than any citizen of the county who lived during his fime. No gathering of the old settlers, the old soldiers or, in fact, any meeting of importance, was considered complete without his presence on the program with a poem. Competent critics pronounced many of his poems classics, and he was urged time and again by prominent publishers of the state to compile and publish a complete volume of his writings; but this was impossible, for the most part the files of papers in which they were published, as well as the manuscript, being destroyed. Fifty years ago, while engaged in teaching in this county, he made a tour of the adjoining counties, delivering lectures and was everywhere greeted with good audiences, who were delightfully entertained by his droll philosophy and the recitation of his poems. Mr. Pearre died at Pontiac in 1897.

James T. Terry located in Pontiac in 1869, being a native of the State of New York. Mr. Terry is a man of ability and at once secured a good clientage. He was elected mayor of Pontiac in 1885, serving two terms, and again in 1895, serving one term. During his last term as mayor the first paving in Pontiac was laid, Mr. Terry being heartily in favor of the improvement. As an executive officer of the city he discharged his duties faithfully and to the satisfaction of the citizens. Mr. Terry is still engaged in the practice of law in Pontiac.

J. M. C. Lisenby was one of the early attorneys of Fairbury, locating there in 1862. As a lawyer, he possessed naturally the best legal mind of any man who practiced that profession in that city. Before going to Fairbury he was a prominent member of the legislature of Kentucky, and was honored by a position on the goyernor's staff. He was found dead on the side walk in front of the Arcade block in that city on the morning of August 11, 1871.

George E. Ford was one of the prominent attorneys of Fairbury during the '60s. In 1870 he suffered the penalty of the supreme court in haying his name stricken from the roll of honorable attorneys of the state.

ingston County bar were E. B. Neville, E, M. Johnson, John Campbell, S. S. Lawrence, M. S. Robinson, James W. Remick, Martin I. Brower, R. B. Harrington, John R. Wolgamott, M. E. Collins and Smith M. Garrett of Pontiac, and Joseph Hamer, Elijah Plank, Jackson B. Young, Thomas Black, Charles Fanning. Romeo T. Perry and David L. Murdock of Fairbury.

Of some of these mentioned but little is known as they were engaged in practice but a short time in the county, while others moved away and have been entirely lost sight of.

From the time of its organization down to the present time Livingston County has had but two representatives on the circuit bench - Judge Nathaniel J. Pillsbury and Judge George W. Patton.

Judge Pillsbury was born in York County. Maine, in 1834, received a good common school education, taught school and in 1856 moved to Illinois, locating in Bureau County. In 1857 he came to Livingston County, purchasing a farm in Ne braska Township, where he operated until 1863, Moving to Pontiac he entered the law office of Samuel L. Fleming and was soon admitted to the bar. He formed a partnership with Mr. Fleming and in a short time had acquired a lucrative practice and excellent reputation as a sound and honest lawyer. In 1869 he was elected a member of the constitutional convention, which met the following year, and in 1873 was elected judge of the thirteenth judicial circuit, then composed of Livingston, Kankakee and Iroquois counties, Four years later the circuit was enlarged by adding McLean and Ford counties and became the Eleventh. He was re-elected in 1879 and again in 1885, serving in all, eighteen years to the entire satisfaction of all concerned. He was also one of the first judges of the appellate court, being on that bench ten and a half years from 1877, and an undeniable proof of his popularity was found in his re-election. He wrote many opinions that are to be found in the first sixteen volumes of the appellate court reports of the state of Illinois. In 1891 Judge Pillsbury was urged to become a candidate for a fourth term by the bar and people generally, but on account of injuries received in 1882, while returning to Pontiac from Chicago, he declined. The judge was a passenger on a Chicago & Alton train leaving Chicago. On board were a few non-union men, and when the train reached Bridgeport it was fired into by union men, the judge receiving a painful wound from which he bas never recovered. On his retirement from the bench the bar, together with the citizens of Pontiac, tendered him a banquet at the Odd Fellows' hall. During the evening the following poem was read by a fellow member of the bar, O. F. Pearre:

But if, sometimes, like all mankind, You're feeling melancholy, Then take a rest and fix your mind On_ Barrickman and Holly On Norton, and on Brown 'and Ball, Who sure renown are winning, And then your memory will recall The days of your beginning.

Judge George W. Patton ís a native of Penn- Sylvania, and during his infancy was brought to Woodford County by his parents in 1851, Reared on the home farm in Woodford County, Judge Pat" ton attended the common schools of the neighborhood until twenty years of age, and then took a three years' course at Normal, Ill., completing the same in 1871. During the following two years he taught school in Secor and El Paso, Woodford County, and with the money thus earned he commenced the study of law with Hay, Green & Little at Springfield, Ill., and was admitted to the bar in 1875. Subsequently he again taught school and engaged in other pursuits until 1881, following farming for three years, to regain his health. In 1881 he commenced the practice of law in Fairbury and two years later located in Pontiac, where he formed a partnership with C. C. Strawn, which was dissolved in 1888. After that he was alone and succeeded in building up a large and lucrative practice. In 1897 he was elected one of the judges of the Eleventh judicial district and reelected in 1903, and is now most creditably filling that office. In 1907 Judge Patton was honored by his home county in receiving the unaminous endorsement of the Republicans as their candidate for judge of the supreme court to fill the vacancy caused by the death of Judge Wilkin.