Logan County, Illinois - Chapter 9: Logan County Bar, 1886

Chapter 9: Logan County Bar

Lyoneal P. Lacy, was here at least as early as the close of the Mexican war. He was a good and reliable lawyer, a better counselor and business man than advocate.

"William H. Young was a member of Colonel Baker's Fourth Regiment in the Mexican war. Returning home in 1847, he studied law and afterward formed a co-partnership with James S. Jones, under the firm name of Young & Jones. This arrangement was discontinued in the early part of 1860, when Jones removed to Champaign, where he still resides.

Samuel C. Parks studied law with Stuart & Edwards at Springfield, and located in the county late in the " forties," or early in the "fifties," when the seat of justice was at Mt. Pulaski. In 1863 he was appointed Territorial Judge for Idaho; but this position he resigned, three years later, in order to resume the practice of law at Lincoln. President Hayes appointed him a Territorial Judge in New Mexico, and President Garfield appointed him to a similar position in Wyoming. His term of ofiice has just expired.

In 1858 or 1859 Wm. McGalliard, a scholarly, industrious lawyer, a native of New Jersey, came to Lincoln and formed a partnership with Judge Parks, which continued until the latter entered upon his official life. Judge Parks was the first attorney and agent for William Scully in this county. The firm of Parks & McGalliard were his attorneys and agents after the formation of the co-partnership until the same was dissolved, and then Mr. McGalliard, who in the meantime had been appointed master in chancery for

Logan County, resigned that office, retired from the practice of law, and systematically organized the great Scully estate. He conducted its agency until he committed suicide by shooting himself. The firm of Parks & McGaliiard was known as a very reliable, safe and able one.

John E. Cammings located at Middletown before the seat of justice was removed from Mt. Pulaski to Lincoln, but upon its removal came to Lincoln. He was of Irish extraction, a fine scholar, and fluent speaker, and would have made an eminent and successful lawyer and advocate but for his dissipated habits. One night in 1866, while intoxicated, he fell down his office stairs and was killed.

In 1855 or 1856 Eli L. Austiu came here from Morgan County and in 1857 formed a partnership with Mr. Cummings, under the firm name of Cummings & Austin. This was of short duration, and Mr. Austin became a partner of William Callon, now of Morgan County. This relation was dissolved by Major Callon entering the military service in 1861.

Colonel Edward D. Baker removed to Oregon, became United States Senator, commanded a brigade in the early days of the war, and met a hero's death at Ball's Bluff, Virginia.

Major John T. Stuart died at Springfield, Illinois, in November, 1885. He practiced law nearly fifty years in Springfield, was three times in Congress, and was the lawyer with whom Abraham Lincoln read law.

Judge S. H. Treat is still in the legal ranks as judge of the United States District Court at Springfield, a position he has filled with credit for many years.

Major Wm. Callon is now practicing in Jacksonville, Illinois, has served four years in the State Senate and is an eloquent and able attorney.

Captain Frank Fiske, John Moran, who studied law with Colonel Wyatt (as did Colonel Edward Lynch and Hon. Alfred Orendorff), and now lives at Carlinville, and Hon. David T. Littler were all admitted to the bar in 1860.

Logan Ooxtnty Bar

Goodrich, William Springer, William McGalliard, A. C. Edmona and Lorenzo D. Norton. Afterward came one Kerr, a graduate of Tale and tlie Albany Law School, and he was in partnership with W. D. Wyatt a short time. He afterward committed suicide at Cheyenne. Rnfus Mayfield succeeded Kerr as a partner of W. D. Wyatt.

W. H. Herndon, law partner of Abraham Lincoln at the time of Lincoln's election to the Presidency, retired from practice many years ago, and is now a Sangamon County farmer.

Josiah Lamborn was a Kentuckian and a lawyer of the keenest wit and shrewdest perceptions, a natural born lawyer. He was Attorney-General of the State in 184:1-' 42; died at Whitehall, Illinois, 1847. He was once prosecutor and General Gridley defender of a horse thief in the old court-house at Postville. Gridley asked for a continuance on ground that two material witnesses were absent. Mr. Lamborn promptly outgeneraled him by a bold, ingenious move. He said that the prosecution would admit that the two men would, if present, testify to exactly what the General claimed they would. On the trial Lamborn won his case and did it by showing that he had recently convicted the two men spoken of as horse thieves.

William Ferguson, perhaps the most brilliant and effective pleader of his day in Illinois, removed to California; was elected to the State Senate, and was fatally shot in a duel at Sacramento.

William P. Hackney, now a leading lawyer and politician, after the close of the war studied and practiced law with Wyatt. Samuel P. Davidson, now Circuit Judge at Tecumseh, Neb. , was admitted to practice at the Logan County bar in 1870. Charles E Forsyth was admitted about the same time, and has recently located at Winfield, Kan. W. G. Webster studied law with Beach & Hodnett, was admitted in 1878, and is now in Kansas. Hubert Orendorff was admitted here about 1864. He went, later, to Kansas City, where he died. William G. Bates, a farmer and lawyer of Elkhart Township, removed in 1883 to Fort Scott,Kansas. Joseph B. Bates resided in Alabama from 1867 to 1877, and was candidate for Judge. He is now on the Bloomington (111.) Pantagraph.

These, with the attorneys now in practice, complete the roll of Logan County lawyers, past and present. It is necessary in this place, however, to make special reference to those who belong to the history of Mt. Pulaski, the old county seat, though most of them have been referred to above. During the period 1847-'56, when the seat of justice was at Mt. Pulaski, Horace H. Ballou was the senior member of the bar. He followed the county seat to Lincoln; died there, and is now buried at Mt. Pulaski. W. H. Young is spoken of as an able but rather unscrupulous lawyer. James S. Jones resided here a short time and removed to Champaign. Samuel G. Parks and L. P. Lacey went to Lincoln soon after the removal thither of the county seat.

One of the best remembered men in legal matters at Mt. Pulaski was Colonel Nathaniel M. Whittaker, who was from Indiana. He located here about 1842, kept the Mt. Pulaski House for a time, and was for a great many years justice of the peace. As a judge of law and a safe, sagacious counselor, he, though not a member of the bar, had but few equals. In later years came W. H. H. Allen, known as "Tip" Allen, and a young man named Martin, neither of them possessing marked abilities. About 1875, S. L. Wallace, now of Lincoln, and A. G. Jones located here. The latter yet resides here, as does C. H. Curtis, who was born in the county and is a graduate of the Iowa University Law SchooL

The walls of the old court-room have on many occasions in the past re-echoed the high-pitched voice of Abraham Lincoln, as well as the eloquence of John T. Stuart, "W. H. Herndon, William Ferguson, 0. H. Moore, George H. Estabrook, Joseph H. January and others.

At Atlanta, Major George H. Estabrook was the pioneer. He practiced many years; was in the Seventh Illinois Volunteers during the late war, and is now a resident of New Rockford, Dakota. William E. Dicks lived here several years. He was afterward county judge, and is now practicing in Chicago. A. J. Turley was born near Mt. Pulaski, and practiced there, at Lincoln and at Atlanta. Colonel James G. Price, though blind, was an eloquent advocate and bright lawyer. He came to Atlanta from Louisiana, and returned South after a few years. C. H. Goodrich resided and practiced here several years, and is now at Jerseyville. Charles Worthington, from Maryland, was a resident and practitioner here in an early day and returned East. Joseph H. January was au early settler and attorney here. He came from Ohio in 1854, and now lives in Missouri. F. L. Capps and J. L. Bevan are the present practitioners at this point.

From the time Logan County was organized until he was elected a member of the Supreme Court, Hon. Samuel H. Treat was the judge who held the Circuit Courts of this county. He was succeeded by Hon. David Davis, who held our courts here until appointed one of the justices of the Supreme Court of the United States by Lincoln in 1862. Judge Davis was succeeded by Hon. John M. Scott, now one of the supreme judges of Illinois. After him came Hon. Thomas B. Tipton, who held court here until there was a' change made in the circuits by which De Witt, Logan, Mason and Menard counties were constituted a circuit. Hon. Lyman Lacey, of Havana, was elected judge of the new circuit; and when this and Judge Cyrus Epler's circuit were united, Hon. Albert G. Burr, of Carrollton, was elected the third judge. In June, 1879, these three were re-elected. In 1882 Judge Burr died, and Hon. George W. Herdman, of Jersey County, was elected his successor. In June, 1885, all the old judges were reelected, and are now the judges of the circuit of which Logan forms a part.

We are not informed as to who was the State's Attorney, under Judge Treat, any more than that Josiah Lamborn, in the early days of the county, attended the courts in that capacity. David Campbell, of Springfield, we believe, was the first State's Attorney under Judge Davis, and he died while an incumbent of that office. Prior to the legislative session of 1857, Sangamon was in this circuit, but it was cut off by act of the Legislature of that session. Prior to this David Campbell had died, and Zimri Mc Williams, of Springfield, had been appointed his successor. His term of office had expired, and Ward H. Lemon, afterward appointed Provost Marshal of the District of Columbia by President Lincoln, was elected his successor. Mr. Lemon, when appointed Provost Marshal, resigned the office, and his law partner, Hon. Harvey E. Hogg, of Bloomington, was appointed his successor by Governor Yates. Mr. Hogg was soon after appointed Lieutenant-Colonel of the Second Illinois Cavalry (and was afterward killed in the service), and Governor Yates appointed William H. Young his successor, who died before his term of office expired. Then Hon. Henry G. Green, of Clinton, now of Springfield, was appointed his successor, and was elected his own successor, but resigned the office before his term expired, and was succeeded by Thomas F. Tipton, of Bloomington. He in turn was succeeded by Hon. Jonathan H. Kowell, of Bloomington, who held the office when this and DeWitt County were taken from the Bloomington circuit, and the office was made elective for each county. Under the new arrangement James A, Hudson was appointed State's At- torney for Logan County, by Hon. Wm. E. Dicks, then county judge. Mr. Hudson was succeeded in office by Timothy T. Beach, and he by James T. Hoblit. He gave way to Randolph

In the early days of the courts of this county most of the business was done by lawyers from Springfield, Bloomington, and other places. Among these were Abraham Lincoln, E. D. Baker, Josiah Lamborn, A. Gridley, Thomas L. Harris, David Davis, Clifton H. Moore, John T. Stuart, Stephen T. Logan, Benjamin S. Edwards, William Ferguson, William H. Herndon, Elliott H. Herndou, David Campbell, and later on Leonard Swett and partner. General Orme, William Hannah, John M. Scott, James

In fact, Ligan County was seemingly regarded as an out-post of Springfield and Bloomington lawyers, who claimed it as a part of their bailiwick and monopolized or "gobbled up" all the paying practice; but a time came when the lawyers here were not only able to sustain themselves and hold their practice at home against all comers, but were able to retaliate upon the enemy by carrying the war into their own camps and "foraging" upon them; and for many years past all the business in the courts, at least all of any importance and having pay in it, has been done by the members of the local bar; and according to numbers no county in the State has an abler or more reliable local bar than Logan County. As will be seen by reference to the names of the attendants of the courts here in early days, as well as later on, many of the gentlemen subsequently acquired a world-wide reputation. The illustrious Lincoln heads the list, the distinguished Congressman and martyred President; the gallant and eloquent Baker, Congressman, United States Senator, and hero of two wars; the profound jurist, able and enlightened statesman, David Davis, Circuit Judge, Associate Justice of the Supreme Court of the United States, United States Senator, President of the Senate and ex-officio Vice-President of the United States; the gallant Major Thomas L. Harris, of Colonel Baker's Fourth Illinois Regiment, who, with Captain Hart's compuny from Logan County and a company from Menard County, belonging to that regiment, in night-time mounted the cannon on the top of the mountain heights at Oerro Gordo, and at daybreak opened them upon the enemy, thus surprising and drivino; them from the field and a position deemed impregnable, which resulted in the historic victory of Cerro Gordo. He was later elected for four terms to Congress, and died on the evening of the day of the last election. He is remembered as a man distinguished alike as a soldier, a lawyer and statesman. The able lawyers and enlightened statesmen John T. Stuart, Shelby M. Cullom, and Wm. M. Springer; the distinguished lawyer and jurist, Hon. John M. Scott, Circuit Judge and Justice of the Illinois Supreme Court; the learned lawyers and jurists, Stephen T. Logan and Benj. S. Edwards; the eloquent Leonard Swett; the gallant,^Generai William Ornie, Colonel Harvey Hogg, the brilliant William Ferguson, the able and distinguished railroad attorney, Henry S. Green, and others too numerous to mention, are remembered; and yet the leading members of the local bar of Logan County reflect high credit npon the profession even when following in the wake of such illustrious men.

Lincoln and Judge Treat, while returning from Postville to Springfield on a quiet moonlight night, came suddenly upon a polecat in the narrow track before them. Lincoln, remarking that he had had more experience in such matters than the judge, took the reins and made a wide circuit through the timber, saying: " I have been caught once and taught a lesson, and this is my way of dealing with all such, be they two-footed or four-footed!"

In 1843 or 1844 Judge Treat was holding court at Postville. Lincoln was attorney for a Logan County man on a suit to collect a note. The evidence showed that Lincoln's client had misrepresented and really had no case whatever, as he was trying to collect the note a second time. Lincoln became disgusted, quit the courtroom, and, when sent for to make his argument for the prosecution, sent word: " Tell the judge he must excuse me; my hands are dirty!" His innate honesty and abhorrence of rascality could in no way be better expressed. When Lincoln first visited Postville, he was gay and rollicking - a regular bov - and used to wrestle, jump, run foot-races, tell jokes, throw the maul or "beetle" and ride to and from Springfield on horseback.

Irf 1859, while en route to Columbus, Ohio, to meet Mr. Douglas in a political discussion, Mr. Lincoln remarked to Mr. Sylvester Strong, of Atlanta, this county, that Mr. Douglas would be a candidate before the Democratic National Convention of 1860, and, says Mr. Lincoln, " should he be nominated and defeated he will not live a year; 1 know the constitution and temperament of the man." How prophetic this was is now a matter of history. Mr. Lincoln at this time also expressed a desire to live to see every man, woman and child in America free, and the possessors of bread earned by their own paid labor.