Madison County, Illinois - Chapter 10: The Bexcir and Bar, 1882 (part 1 of 2)
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Chapter 10: The Bexcir and Bar
V l^/^^r^^ ^ HROUGH the rapid growth and immense ^^P*3><ril f . .1 ; development of the state in population business and wealth, numerous changes have been rendered necessary in its judicial system, an outline of which is given below. By the constitution of 1818 the judicial power of the state of Illinois was vested in one supreme court and such inferior courts as the General Assembly should from time to time establi.-h. The supreme court consisted of a chief justice and three associate justices, and was vested with appellate jurisdiction only, except in cases relating to the revenue, cases of mandamus, and such casej of impeachment as might be required to be tried before it. The justices of the supreme couit and the judges of the inferior courts were chosen by joint ballot of the General Assembly, and were to hold their offices until the end of the session of the General Assembly of 1824 ; and were required to hold such circuit courts in the several counties, and exercise such jurisdiction as the General Assembly should b}' law prescribe.
The state was divided into four judicial circuits, within which the chief justice and the associate justices of the supreme court performed circuit duties till 1824. On the 28th of December, 1824, an act was passed requiring the appointment by the General Assembly of five circuit judges, to continue in office during good behavior, and dividing the state into five judicial circuits. The performance of circuit duties was now wholly assigned to the circuit judges. On the 12th of January, 1827, the act of 18.i4 was repealed, and the s'ate was again divided into four judicial circuits, in which the chief justices were again required to perform circuit duties. By act of January 8, 1879, a fifth judicial circuit, north of the Illinois river, was created, and a circuit judge was elected by the General Assembly to preside in that circuit, the justices of the supreme court performing the judicial duties of the other four circuits. By act of January 7, 1835, a sixth judicial circuit was created five additional circuit judges were elected, and the justices of the supreme court were again relieved from judicial duties in the circuit courts. In 18'}7 a seventh circuit was created, and an additional judge elected, and in 1839 the eighth and ninth circuits were formed and provided with judges. In 1841, by act of the 10th of February, the acestablishing the circuit courts was repealed, and the General Assembly elected five additional justices of the supreme court, who with the chief justice and the three associates just tices then in office, were to constitute the supreme court- By the same act the justices of the supreme court were to perform circuit duty in the nine circuits into which the state was at that time divided. A re^organization of the judiciary took place in 1848. Up to that time the circuit courts had only a legislative existence. But by the constitution of 1848 the judicial system was to consist of one supreme court, circuit courts, county courts, and justices of the p"ace, and such courts of uniform organization and jurisdiction of civil and criminal cases in the cities of the state as the General Assembly should establish. The supreme court consisted of three judges, one of whom was elected for the term of nine years by the people, in each of three grand divisions into which the state was divided by the new constitution for that purpose. Appeals and writs of error could be taken from the circuit court of any county to the supreme court held in the diusion including such county, or by consent of parties, to the supreme court in the next adjoining division. The state was divded into nine judicial circuits, but the General Assemblj' increased their number from time to time until there were thirty circuits created under the constitution.
One circuit judge was elected by the people in each circuit for the term of six years and until his successor should be elected and qualifed. The first election for justices of the supreme court and judges of the circuit courts was held on the fir^t Monday in September, 1848, and afterwards on the first Mondaj' in June, 1855, and every six years there- ! after for county jud^^es. All vacancies in the supreme court j or the circuit courts were to be filled by election by the people, unle.<s the unexpired term did not exceed one | year, when it might be filled by executive appointment. Two \ or more terms of the circuit court were to be held annually ! in each county, and that court had jurisdiction of all cases in law and equity, and of appeals from all inferior courts.
The constitution of 1870 vested the judicial power in one supreme court, circuit courts, justices of the peace, police magistrates and such courts as may be created by law in and for cities and incorporated towns. The supreme court consists of seven judges, and has both appellate and orignal jurisdiction. One of the number is chief justice, and the concurrence of four judges is neces.=ary to a decision. There are three grand division for holding supreme court.
One judge is elected from each of the seven districts into which the state is divided for that purpose. The election occurs on the fir^t Monday in June, and the term of office is nine years. The supreme court in each grand diviiou has a reporter and oue clerk, whose terms of office are each six years ; the former being appointed by the court the latter elected by the people of his division.
The legi.-ilature, in 1877, in accordance vith the constitution of 1870, cr. ated four appellate courts, with appellate jurisdiction only, and provided districts of follows : First, Cook county ; second, all the northern grand division except Cook county ; ihird, the central grand division ; fourth the southern grand division. Three circuit judges a'C assigned to each appellate court by the judges of the supreme court for a term of three years. The concurrence of two judges is necessary to a decision, and certain cases may be apptaled to the supreme court.
The cnnstitutioi s of 1870 provides that circuit courts shall have original jurisdiction of all cases in law and equity, and such appellate jurisdiction as may be provided by law. The judges are elected by districts for tix years.
In 1873 the legislature divided the state into twenty-six judicial circuits and in 1877 the general assembly divided it into thirteen districts, with three circuit judges for each district. The circuit judges not assigned to the appellate courts perform circuit duty in the districts for which they were respectively elected. Cook county is a unit in the judiciary system of the state ; it forms a judicial circuit, and the supreme court holds one or more sessions therein annually. The circuit court of that county consists of five judges, who hold office for five years. Their number may be increased by adding one for every five thousand inhabitants over the above a population of four hundred thousand. The superior court of Cook county may also be increased in number in the same manner until the court shall be comcomposed of nine judges.
Ic accordance with that provisions of the constitution, four additional judges were elecled at the November election in 1880. The above is an outline of the judiciary system of the state. As it is intended for the general reader and not to furnish professional information, all details
The Bench
From 1813 to 1818, the territory of Illinois was divided into three Judicial districts, as set forth in the following act " Be it known that under an act of Congress, entitled an act regulating and defining the duties of the Uuited States Judges for the territory of Illinoss, it is alloted to Jesse B. Thomas to preside in the first circuit; to William Spriggs to preside in the second ; and to Thomas Fowles to preside in the third circuit. "
Under this regulations, Jesse B. Thomas presided over the circuit court of Madison county, between the dates already mentioned. He was appointed territorial Judge in 1809, and on the admission of Illinois as a state in 1818, he was elected to the United States Senate, and in 1823 was his own successor, serving in that capacity till 1829. In his senatorial career he gained considerable notoriety from having originally suggested the line of thirty-six degrees and thirty minutes as the basis of what is known as the Missouri Compromise. He strongly advocated the recogition of slavery in our state constitution, but, in this, his eflbrts were thwarted by the spirit of freedom that prevailed in our first constitutional convention. Daring part of his official life, he was a resident of Edwardsville. About the year 1829, he removed to Ohio, where, in 1850, he died.
In 1818, in March term, Daniel P. Cook held court in Edwardsville, He was a native of Kentucky, and on the removal of the capital of Illinois from Kaska^kia to Vandalia, commenced the practice of law in Edwardsville. He was sub.=equently elected to Congress, and made Chairman of the Committee of Ways and Means, in which position he gained great notriety. At the bar, on the hustings, and in the hall of Congress, he was a most accomplished orator- He was also a very amiable and popular man. In the presidential election of 1824, the popular vote of Illinois was in favor of Adams ; but two of the three electors were for Jackson, and the third for Adams. When the election went to the House of Representatives, Mr. Cook boldly, but ho" nestly cast the vote of Illinois for Adams. This act defeated his re-election to Congress, and he soon afterwards died at his old home in Kentucky. He was pre-eminently a selfmade man, brilliant lawyer, and eminent jurist.
The July term of the JNIadison circuit court in 1818, was held by Judge John Warnock, who was succeeded in the fall term of the same year, by John Reynolds one of the Supreme Judges of Illinois. Judge Reynolds was of Irish extraction. He was born in Pennsylvania February 2()th 1788, and, at an early age, removed with his parents to Tennessee, where he received his primary education. In 18U0 he came to Illnois, and settled at Kaskaskia. He subsequently took a two years' course in Latin and the sciences, and in 1810 commenced the study of law in the office of John McCampbell, Kuoxville, Tennessee. In 1812 he was examined at Kaskaskia before Judge Thomas and Sprigg, U. S. territory Justices, and admitted to practice. He received the appointment of Judge Advocate from
Governor Edwards, and in 1S14 opened a law office at Cahukia in St. Clair county. O.i the admission of the state in 1818, he was elected one of the associate Justices of the Supreme Court of Illinois by the general assembly, ^Vhich then held its session at Kaskaskia. In 1830, he was made Governor of Illinois, and in 1834 was elected to Congress. He was seven years in Congress, and in 1846 was elected to the general assembly of Illinois, becoming speaker of the House. He wa.s always a staunch adherent of the principles of the democratic party, and during the late civil war manifested a deep sympathy with the South. He was a plain, blunt man, without any of the social refinements characteristic of the more modern bench. He died at Belleville in 186.5.
Samuel McRobert.? was born April 12th, 1793, in what is now Monroe county, Illiaois. He received an English education only, from a private tutor. . At the age of twent)' he was appointed circuit clerk of Monroe county. Two years later he entered, the law department of Transylvania University, at Laxingtou, Kentucky, and graduated after three full courses of lectures. In 1824, he was at the age of twenty-five, elected by the legislature in the second circuit, one of the five circuit judges of the state. On the 12th of January, 1827, the act providing for the appointment of circuit judges was repealed, and the office of circuit judge then ceased to exist. On all political questions, he was, while on the bench, strongly partisan. In defiance of a release by the Legislature, he assessed a fine against Gov- Coles for settling his emancipated slaves in Madison county without giving a bond that they should not become a public charge. In 1828, he was elected state senator; in 1830, was appointed United States District Attorney for the state; in 1832, receiver of public moneys at the Danville land office ; in 1839, receiver of the General Land Office at Washington. He was elected L^nited States Senator, December 16th, 1840. On his route home from Washington, he died at Cincinnati, March 22d, 1843.
Judge McRoberts was succeeded in this circuit by Theo- PHILUS W. Smith, who was Supreme judge of Illinois, from 1825 to 1842. He was a native of New York, and was regarded as one of the most talented of the Supreme judges of his time. Many of his decisions are found in Scammon's Supreme Court Reports, and they compare favorably with the opinions of any of the judges. He was the presiding judge of this circuit from 1827 to 183-5. At the request of Judge Smith, Judge Samuel D. Lockwood presided at the June terms of 1829 and 1831. He was born in New York, and came to Illinois in 1818. In 1821 he was elected attorney-general of the state. He was successively secretary of state, receiver at the land office in Edwardsville, and was elected Supreme judge in 182.i, and retained his office till 1848. He died at his home in Batavia, Illinois, in 1874.
Judge Tho.mas Ford presided in the Madison circuit court at the March term, 184r). He was a native of Pennsylvania. In 1829, Gov. Reynolds appi)i;ited him prosecuting attorney. In lh31, he was re appointed. Afterwards he was four times elected judge by the L"gia]alure; twice circuit judge; judge of Chicago, and associate judge of the
In 1835 Sidney Breese was appointed Circuit Judge of this circuit. This eminent Judge and statesman was born in Oneida Co., N. Y., July 15, 1800. At the early age of fourteen he entered Hamilton College. In 1816 he waa tran^ferred to Union College where, in 1818, he graduated, third in a class of 64. He soon removed to Illinois, and en. tered the law office of his old friend and school-fellow, Elias Kent Kane. In 1820, he was admitted to the bar, and commenced his professional career at Brownsville, Illinois, where he was so unsuccessful in conducting a ciise before a jury that he determined to abandon the practice of law forever. He returned to his profession, however, and in 1822, was appointed attorney of the second circuit, which position be filled fir five years with honor. In 1831, he compiled Breese's Report of the Supreme Court decisions, the first law book in the state. In the Black Hawk war he served as LieutCol., in 1835, was elected judge of the second circuit and in 18 Jl was chosen one of the supreme judges of the state. The next year he was elected to the U. S Senate. At the expiration of his term, he was elected to the Legislature, and was made Speaker of the House. In 1S57, he was again elected circuit judge, and two years later was again elected circuit judge, and two years later was again called to the Supreme bench, in which position having been chief justice two terms, he remained till his death, which took place on the 28th of June, 1878, at his home in Carlyle, Illinois. In 1843, Judge Jame.s Sem- PLE, who was then one of the judges of the Supreme Court, held the May term of the Madisun Circuit Court. He had previously been Brigade General in the Black Hawk war, two termsspeaker of the house, minister to " Bogota," and circuit judge. Soon afterwards he was appointed U. S. Senator. He died at his residence near Elsah, 111., in 1866.
James Shiklds, whose remarkable career has been the subject of wide comment, was born in Ireland, and was elected one of the Supreme Judges of Illinois in 1843. From October of that year until May 1845, he held the circuit in Madison county. He was U S. Senator from Illinois, Minnesota and Missouri On June 1st, 1879, he died at Ottumwa, Iowa.
GusTAVus KoERNER is a native of Germany where be commenced the practice of law, and in 1833 emigrated to the United States. He was admitted to the bar of Illinois in 1835. In 1845 he was elected judge of the Supreme Court. He retained his position till 1849, during which time he performed the duties of circuit judge in the Madison county circuit court. In 18.52 he was elected Lieut-Gov. Duiing the Rebellion he served on the staffs of Gens. Fremont and Hal leek. He has been honored with other high positions, and is still living in a serene and honored old age at Belleville, Illinois.
By agreement with Judge Koerner, Judge John Caton presided in the Madison circuit court at the May term, 1846. Judge Caton came from New York to Chicago, when the latter was but a village in a swamp, and commenced the practice of law there under the most adverse circumstances.
In 1842, when only thirty years of age, he was appointed by Gov. Carlin, jiulge of the supreme court. He was repeatedly elected to the same position until 1864, when he resigned his seat upon the bench, having served nearly twenty-two years in that capacity. He has bv successful business ventures become very wealthy He has al.-o traveled over a large part of Eurojie, and now in vigorous old age, enjoys the reward of his labors. The circuit court of the circuit comprising Madison county, was held six years and a half from 1848 to 1855, by Judge Wm. H. Uxderw'ood, who was a native of New York. In 1840 he removed to Belleville. He was elected and re-elected State's attorney, member of the legislature, and in 1848 circuit judge; he was afterwards for two terms a member of the State Senate, and was a delegate to the constitutional convention of 1870. He is also author of the highly valuable work, "Underwood's Construed and Annotated Statutes of Illinois."
In 1857, after Joseph Breese had ceased to perfirra the duties of circuit judge, the Hon. Wm. H. Snyder, of Belleville, 111., was elected circuit judge of the twenty-fourth circuit, serving till June, 1861. In 1870 he was elected delegate to the Constitutional convention of Illinois. He had previouslj' been for two terms a member of the Legislature. In 1873, he was again elected circuit court judge, and still holds that position.
The Hon. Joseph Gillespie was born in the city of Kew York, and at the age often years removed to Ed wardsville. He was admitted to the bar in 1837. In 1836 he was elected probate judge, and in 1840, was a member of the lower House of the Legislature, and subsequently was a nitmber of the State Senate for a period of eight years. In 1861 he was elected circuit judge of the twenty-fourth judical district, comprising the counties of Bond, St. Clair and Madison. He served on this circuit for twelve years. He is still residing in Edwardsville, crowned with the honorable and affectionate regards of all that know him.
On the 16th of June, 1879, Geo. W. Wall, of Du Quoin, was elected one of the judges of the third judicial circuit, embracing Ma'lisou Co. Joseph Wall is a native of Chillic )- the, Ohio. He graduated from Michigan University in 1858, and was admitted to practice in Illinois in 1859. He was for many years attorney for the Illinois Central R. R. ; was a delegate to the Constitutional convention of 1862. In ltt64 he was elected State's Attorney for the third judicial dis trict, in 1868 he was a delegate to the Democratic National Convention and also the Constitutional Convention of 1870, and in 1872 was a Democratic candidate for Congress. He is an able and impartial judge.
Judge Amos Watts was born in St. Clair county, in 1825. His early education was obtained under a private tutor, who gave him instruction in the evening after the day's work on the farm had been done. This was all the education he ever received with the aid of a teacher. In 1847, he was elected county clerk of Washington county, and was twice re-elected. In 1854, he was admitted to the bar. He was elected State's attorney in 1857, and in 1860 was reelected. From 1866 to 1573 he was an assiduous student of the law. lu 1873 he was elected judge of the United States
Madison county has always had so many resident attorneys that those from other counties have never had very extensive practice in her courts. However, by a thorough examination of the court records and considerable questioning of old residents, the names of quite a number who occasionally practiced at the bar of this county have been obtained. Several of those menti )ned below are known to have been resideuts of other counties; the others were either non-residents or were simply admitted to practice here.
Among the former, were William Mear?, a native of Ireland, who appeared as an attornej' at the Madison county courts at an early day. He came from Pennsylvania to Cahokia, and was the third lawyer at that place, John Rice Jones, being the first, in 1790 ; and Isaac Darnielle, the second, in 179 1. In 1814, Gov. Edwards appointed Mears attorney-general of Illinois Territory. He had some knowledge of law, and made a fair living at his practice. He died in 1826, at Belleville, whither he had gone on the removal of the county seat of St. Clair county from Cahokia to that place.
Alexander P. Field, a nephew of Nathaniel Pope, lived at Vandalia, but practiced in the court-j of this county at an early day. He was a Kentuckian by birth, and was originally a Jackson Democrat, but became a Whig. He was a man of strong feeling, and was very ultra in the avowal of his political sentiments; was an able politician and a good stump speaker, but owing to his being on the Weak side c luld not attain the distinction to which his merits entitled him. During the ten years he resided at St. Louis, whither he had gone on leaving Vandalia, he became eminent as a criminal lawyer. Just before the opening of the Rebellion, he removed to New Orleans, and lived there for a number of years, although during the war he was often in danger of losing his life on account of his being an outspoken Union man. He held the office of Attorneygeneral for the State of Loui=iana, and claimed to have been elected to Congress from the New Orleans district, but, on account of some irregularities in election matters, was not allowed to take his seat.
William H. Eissell was born in 1811 at New York, and there, after acquiring a good common education, studied medicine. After removing to Monroe county. 111., he practiced a few years ; but having no liking for the irofession he had chosen, he abandoned it for the law, for which he had a great fancy. In a very short time he was admitted to the bar, and was soon thereafter appointed prosecuting attorney. As a prosecutor he was so successful that it soon came to be considered a hopeless task to defend where he was the opposing counsel. He served in the Mexican war, as a colonel, and evinced a very high order of military talent. After the war, he served two terms in Congress; and, in 1856, mas elected Governor of Illinois on the Republican ticket. He died March 18, 1860, ten months before his term of ofBce expired. The following sketch is given in the language of Judge Joseph Gillespie, to whom we are indebted for much of the early history of t he bar :
"Benjamin Mills was a son of an eminent Presbyterian divine iu Massachusetts, but was not very godly himself He was gifted with a wonderfully retentive memory and had a happy faculty of extricating himself from difficulties and embarrassing positions whatever their nature might be. When a boy, he was required to copy all his father's sermons, and they were stamped upon his memory. When quite a young man Ben, with a young companion by the name of Wa'te, a famous singer, started west. They ran out of money in the neighborhood of Richmond, Va. ; and, in order to raise the amount necessary to carry them on their journey, Ben gave out that they were missionaries going to Illinois. Ben was requested to preach in Richmond. He, with great unction, delivered one of his father's best sermons, which accompanied by Waite's singisg, took Richmond by storm. Their exchequer was soon replenished, and Ben and Waite went on their way rejoicing. Ben settled in Greenville, Bond county, established a law office there, and was elected justice of the peace. At that time the law of Illinois authorized a J. P. to impose a fine of one dollar upon any one guilty of using profane language in his presence, but the fine might be remitted on the production of evidence of deep contrition on the part of the offender. Ben and one Squire Enlow were discoursing one day, and Ben indulged in some profanity. After a few minutes' absence, Ben rejoined Enlow, when the latter said: you know it is my duty to impose a fine upon you for swearing." Ben said : "Brother Enlow, I'm a little ahead of you. I've been to ni_v office and entered a fine against myself, and am now considering the propriety of remitting it."
Mr. Mills was one of the most witty and brilliant orators ever known iu this part of the state. -He made a famous speech at Vandalia against Theophilus W. Smith, during the impeachment trial of that gentleman ; and with the attorney-general, Alfred Cowles, prosecuted P. H. Winchester for the killing of Daniel D. Smith, - Felix Grundy, the eminent criminal lawyer of Tennessee, being attorney for the defense.
Mr. Mills moved to Galena and was nominated for Con. gress on the whig ticket for the northern district of Illinois, but was defeated at the election by Wra. L. May.
John S. Greatiiouse was one of the lawyers who, in past years, came from Carlinville to attend cases in the Madison county courts He was a forcible speaker and a good lawyer. While in this state he had an extensive practice, and his services were always in good demand. In 1843 he removed to Kentucky, where he resided until the time of his death in 1860.
GusTAVU.s KoERXER, of Belleville, ex-lieutenant-governor, has at times been engaged as counsel at the Madison county bar, and is a lawyer of considerable ability. A great deal of his time has been spent in public offices, but when not so engaged he has given his attention to his profession.
The names of the following persons are found on the records of the courts of this county, but they never figured conspicuously in law circles, and we have been unable to obtain data of their live? with the exception of the year in which the names were recorded : John Cook and Edward Hen)pstead (1816); Thomas Reynolds (1817); La Fayette Collins, Robert Farris (1819); Nicolas Hin.«on (1820); Alfred W. Calvary, David Blackwcll (1822) ; Duff Green (1825); Gustavus Bird, Joshua T. Bradley (1S28) ; Wm. Wiochell (1829) ; Theodore N. W. Narcik (time unknown) ; Aaron Woodman (1833) ; L. M. Olden and John 'Si. Stiintou (time unknown)
NiNiAN Edwards was born in Montgomery Co., Jlaryland, in 177.5. His parents being wealthy, he was enabled to get private instructions, and up to the time of his entering ci)llege, was the pupil of Rev. Mr. Hunt. When only nineteen years old, he left college without completing his course and went to Kentucky. He was a young man of firm mind, great energy, and rare intellectual gifts, and fast rose to prominent public positions, becoming at a very early age Attorney-General of Kentucky. At thcage of twenty-eightt he was appointed Chief Justice of the High Court of Appeal. He held that office till Cnief Justice B lyle of Kentucky was appointed first Governor of Illinois Territory, in 1809. Mr. Edwards preferred to be Governor of Illinois ; Mr. Boyle, to be Chief Justice of Kentucky. All j)arties being pleased with the exchange of appointments, President Madison sent Edwards out as the first Governor of Illinois Territory. He held this office till 1818, when he was elected to the U. S. Senate. At the end of his term as Senator, he was re-elected. In 1812, Gov. Edwards established, by proclamation, the counties of Madison, Pope, Johnson and Gallatin. Edwards county and Edwardsville were named in his honor.
While serving as U. S. Senator, he was appointed Minister to Mexico, by President Monroe. In 1826, he was elected Governor of Illinois, and, after serving his terra of office, remained at Belleville till his death, July 20, 1833.
James W. Whitney, familiarly known as " Lord Coke," came from Providence, R. I.,iu 1811, and settled at Upper Alton. He practiced law in Madison county till about 1830, vh u he removed to Quincy, Illinois. He died some ten years ago at an advanced age, in Pike county, Illinois. He was a man of remarkable memory, a law library in himself, hence his title of " Lord Coke." He always wore a cue. During the sessions of the Legislature he was always chosen Speaker of the " Legislative Lobby," the " Third House," which was an assembly of citizens and legislator for the discussion of public questions. Whitney lacked application, so that notwithstanding his admitted ability, he never attained a leading position in his profession.
In 1820, Chester Ashley opened a law office in Ed- He was a man of stylish dress, and, in this respect, he was distinguished as theouly man in these parts that wore knee breeches and white top boots. He was a brilliant man and a profound lawyer. In later years he moved to Arkansas, from which state he was elected to the U- S. Senate.
Jesse B. TnonrAs settled at Edwardsville about the year 1840, and remained here in the practice of law some six or eight years. He then moved to Springfield, and thence to Chicago. Mr. Thomas was a man of fine personal appear- i ance and commanding presence, and his legal attainments of the highest order.
For a short time Gov. TnoiiAS Fokd was a member of | the Madison bar. This was about the year 1830. While I here he married a Miss Hambaugh. He was a very able I man and a good lawyer.
Geo. T. M. Davis removed from the state of New York to Illinois in 1832. He was a good lawyer, and for several i years had an extensive practice. He remained in Alton till 1846, when he became private secretary to Gen. Shields, on whose staff he continued throughout the Mexican war. Soon after the close of the war he became associate editor of the Louisville Journal, then edited by the celebrated George D. Prentice. Davis was a man of versatile talents and a very fluent writer. From Louisville he went to the city of New York and became interested in the Goodyear Rubber Company. He still lives in that city, and has accumulated a magnificent fortune. He has three grandchildren now residing at Alton.
About the year 1832, William Martin came from Utica, New York, and made his home in Alton. He studied law with George T. M. Davis, and commenced practice in Alton in 1833. He was a man of great professional industry, and was an able lawyer. He continued to practice here till his death, which occurred in March, 18-55. He was for several years judge of the municipal court of Alton.
In 1834, John M. Krum removed from New York to Illinois, and, on his arrival at Alton, formed a partnership with Geo. T. M. Davis for the practice of law. He was a well-read and skillful lawyer. During his residence in Alton he dissolved partnership with Davis, and was for some time a partner of Alfred Cowles. He was the first mayor of Alton. In 1834 he removed to St. Louis. After his removal to St. Louis he was elected circuit judge, and afterwards became mayor of that city. He is still a resident of St. Louis.
J. Russell Bullock was born in Rhode Island, and removed to Alton about 1835. He was an excellent lawyer. He practiced in Alton till 1840, when he returned to Rhode Island and became a judge of the supreme court. While in Alton he was partner of Edward Keating. Judge Bulkck is still living in Rhode Island.
Edward Keating removed from Maine to Alton, 111., in 183.5. He was a brilliant lawyer, and was for some time a partner of J. Russell Bullock. Subsequently, he entered into partnership with the distinguished lawyer, U. F. Linder. For a considerable period, he was financial agent for the Chicago and Alton R. R. Go's. During a business visit to New York, and while his family was residing in Alton, he died, March 10, 1857. Mr. Keating was a man of fine social qualities.
Samuel G. Bailey-, a native of New Hampshire, came to Alton, from Pennsylvania, in 1836. He was a fair lawyer and practiced in Alton until his death, which took place about 1846. But little is now known of an attorney by the name of Wm. L. Sloss who came to Upper Alton in 1836. He died in St. Louis.
Wm.FD Wolf was born in Bristol, R. I., April 21, 1811. He completed a course of study in Brown University, Providence, R. I., received the degree of Master of Arts from that institution in 1831, and four years later had conferred on him the degree of Bachelor of Laws. He studied law with Hon. Theron Metcalf of Massachusetts, and afterwards with Hon. Thomas Burgess of Providence, and was admitted to the Rhode Island bar in 1834. He practiced law in partnership with Mr. Burgess till the fall of 1836 when he removed to Illinois and located at Alton. Af er practicing at Alton eleven years he was elected (in 1847) to the Legislature as a member of the House. Soon after his first term as Representative, he moved to Chicago, where he now resides. He has served the city of his residence as City Treasurer and Justice of the Peace, and now, - at the age of seventy-one, has retired from active business. John W. Chickring, formerly a resident attorney of Alton, came to that place in 1835 from the East. In 1843 he removed to Chicago, where he still resides.
Alex.\nder M. Jenkins was born in one of the Southern States, Kentucky most probably, but removed to Illinois and settled in Jackson county, where he married a Miss Brush, an Eastern lady. Jenkins was by trade a carpenter, but turning his attention somewhat to politics he was elected Lieutenant Governor of this State in 1834, which office he filled very creditably, and was afterwards appointed in 1836 to the office of Receiver of Public Moneys at Edwardsville, Illinois, which office he retained until 1838. During his residence here he studied law, and when he left returned to the Southern part of the State and became an excellent lawyer and was soon elevated to the bench, which place he filled very acceptably for many years. Gov. Jenkins was a remarkable man. He attained a respectable position in the legal profession solely by dint of his assiduity backed up by a large stock of natural ability and good tommonsense. He had no extraneous aid whatever in climbing the hill of fame. His dependence was solely upon himself His reputation was that of an honest lawyer and judge.
Henry W. Billings came from the East at a comparatively early day and settled at Cairo, 111., where he remained a few years and then removed to Monroe Co , 111. About 1845 he established himself in the practice of law at Alton and continued to practice there till bis death in 1872. He was a member of the constitutional convention of 1870 from the 16th district, composed of Madison and Bond counties. He was a very able and excellent speaker, and was greatly above the average aad was able to compete on equal terms, with the most eminent of his profession in the state. He conducted his cases in the circuit court with great adroitness, and was not often excelled in the preparation and nianagenieut of business in the higher courts. He was in partnership while in Alton with Lewis B. Parsons, now of Clay county Illinois, and the firm was considered one of great strength and reliability. Billings was a man of remarkably engaging manners and splendid presence, and was exceedingly popular with both bar and people.
David Jewett Baker was born atEast Haddam, Conn , September 7th, 1792. He was the oldest son of Bayze and Johanna Baker. His maternal grandfather was Captain Miner, who commanded a vessel in the Revolutionary War ; and his paternal grandfather was a Revolutionary soldier who died in New York City while a British captain. His father removed to West Bloomfield, X. Y., in 1800, and settled on a farm. David had no taste for farm work, and eirly determined to go to coljege. He prepared himself, and entered the Sophomore class of Hamilton College, from which Institution he graduated in 1816. He decided upon the law as his profession, and for several years devoted bis entire time and attention to fitting himself for the work - After being admitted to the Bar he removed to Illinois, the journey being made down the Ohio river in a flat-boat as far as Shawneetown, thence on horseback, to Kaskaskia, then the capital and largest town in the State. He entered upon the practice of his profession, but did not use it as a steppingstone to political preferment. He was made Judge of the probate court of Randolph county, and held the office for several years. In 1829 he was appointed United States Senator from Illinois by Governor Edwards. While in Congress he successfully carried through the measure for disposing of public lands in tracts of forty acres, making a great change in the old laws of the disposition of lands, and one that greatly benefited settlers. In 1833 he was appointed United States Attorney for Illinois by president Jackson, and was re-appointed in 1837 by president Van Buren. In 18-18 he ran for Judg; of the Suprema court of Illinois, but was defeated by Judge Lyman Trumbull. Judge Bdker was one of the earliest and leading Republicans in the state. He was with Owen Lovejoy and others in 1854 when the party was organized. He was a bitter and unrelenting advocate of the prohibition of slavery. When it was attempted to introduce the iniquitous traffic in this state he turned his whole power against it. For his bold utterances he was attacked in the streets of Kaskaskia by Gov. Reynolds of Missouri. The marks of the bludgeon used by Gov. Reynolds on Judge Baker's head were carried by him to his dying day. As a lawyer he was distinguished and eminent, and a majority of the important cases in the Supreme court reports up tothetimeof his retirement from the profession will be found to be connected with his name. In 1841 on account of the wonderful overflow of the Mississippi
River, he removed to Alton, where he continued the practice of his profession until the year 1854 when he retired from its active duties and devoted the remainder of his daj's in beautifying and ornamenting his home in Middletowu. Judge Baker was married twice. His first wife was Miss Sara!) Tenney Fairchild, of Geneva, N. Y. She died May 4th, 1859. He was united to his second wife, Miss Elizabeth Swanwick, of Chester, Ills.
Judge Baker died at Alton, on the 6th of August, 1869, at the age of 77 years. At the January term of 1870 of the Supreme court, resolutions were placed upon the record of the court commemorative of Judge Baker. Chief Justite Breese, who had known Judge Baker from boyhood, in closing his remarks upon the resolutions said : " In a few words he was a ripe scholar, a genial gentleman, a faithful friend, a true patriot and a Christian, and well worthy of the honors this day done to his memory."
Daniel Kerr was in former years a practicing attorney of Edwardsville. He is of Scotch descent, and possesses the industry and thrift that are characteristic of the Scotch people. He married a daughter of John Estabrook, an old and wealthy citizen of Madison county, and, some years ago, removed to western Iowa. Mr. Kerr is a well read lawyer, of good promise ; is attentive to his busine.^s and faithful to his clients. JoHX Fitch, who lived at Edwardsville a number of years ago, wasa lawyer, but never figured extensively in the courts. He was engaged as editor of a spirited newspaper about the beginning of the rebellion - entered the military service of the United States ; wrote and published some very interesting reminiscences of the war; and, since peace was declared, has resided at Chicago. Lyman Trumbull, a former lawyer of Madison county, was originally from Connecticut. From his native state, he moved to Georgia, and thence to Illinois, locating at Belleville, where he practiced about ten years. He resided next at Alton, aud while there, was appointed Secretary of State by Gov. Carliu. In 1848, he was appointed one of the Justices of the Supreme Court of Illinois, and held that position for a long term of years, and in lSo8 was elected to Congress, but before taking his seat in the House was chosen United States Senator. He is a very able and successful lawyer ; exceedingly diligent and ambitious to win his cases; thoroughly versed in orgauic and statute law ; aud when on the bench, was one of the most acute and discrimiuating judges.
Lewis B. Parsons is a member of the celebrated Parsons family of Massachusetts. He emigrated somewhere about 1835 or '36, and settled in Alton, and soon became a member of the firm of Billings & Parsons. He had the reputation of being a very sound and industrious lawyer. His forte, however, consisted in his remarkable business capacities. At the breaking out of the war of the rebellion he was selected for commissary of subsistence of the west, and he discharged its multifarious and complicated duties with transcendent ability, and gained a world-wide reputation. Since the close of the war he engaged extensively in farming in Clay county, Illinois, where we believe he now resides. Parsons when at the bar was always confided in,
John York Baavyer, came here from Vermont and settled in E iwardsville as early as 1817, and commenced prac- j ticing law. He was very soon however, placed upon the circuit bench, which he occupied when he died. He married a Miss Ground of this county, who survived him, but by whom he never had any children. But little was known of him as a lawyer, though he was reputed to be a good judge.
John G. Cameron, was born in New York and removed to Edwardsville, where he opened a law office or rather occupied the office of James Semple. He was soon placed in the office of receiver of the land office, which he filled from 1845 till 184', when he removed to the southern portion of Illinois, where he practiced his profession for some years, and then removed to and settled in St. Louis, Mo. He was the brother-in-law of Alexander M Jenkin«, who held the office of register of the land office in Edwardsville for many years, and who removed or rather returned to southern Illinois and read law, and was elected to a judgeship, which position he occupied we believe until his death. Cameron's practice was but slight here, owing to his soon engaging in political life, but he was considered by those who knew him intimately, to be a well-read lawyer. He died in St. Louis not many years since.
William A. J. Sparks, now member of Congress from the Carlyle district, was formerly a resident of Edwardsville. He is an ludiauian by birth, and removed with his parents to Illinois in 1836. In early life, being dependent upon his own exertions, he labored on a farm, and at intervals attended the country schools. He afterwards taught school, ^nd in 1820 graduated at McKendree College. Studied law with Judge Breese, and in 1851, was admitted to the bar, began practice at Carlyle, and in 1853 was appointed by President Pierce, United States land receiver for the Edwardsville, (111.) land office, and held the office until 1856. He has represented his district several times in Congress. Mr. Sparks is a ready speaker, fine debater and very popular in his congressional district.
Joseph H. Sloss, practiced for a time in partnership with Col. Rutherford. He was an easy, graceful speaker, and good lawyer. Mr. S. is a native of Florence, Alabama, where he received a good education. He left here about 1861, and went south, subsequently was elected to Congress from Alabama, and is now one of the prominent and well known men of that state, is a Republican and at present US. Marshall for the northern district of Alabama ; now a resident of Huntsville.
David Prickett, was the son of Elisha Prickett, and brother of Absalom, Isaac, Jacob, John, George and Elisha Prickett, former residents and prominent citizens of Madison county. Ills. David studied law at an early day, and practiced in conjunction with Thomas Atwater with very good success. Atwater, however, soon removed to the northern part of the state, and David Prickett became judge of probate of this county, which office he filled until his removal to Springfield, where he married a Miss Lamb, a connection of the family of Thomas Mather, President of the State Bank of Illinois. Prickett we believe withdrew from the profession, when he took up his residence in Springfield. The firm of Prickett and Atwater was regarded as a reliable one. Prickett died in Springfield, leaving a widow and several children.
Alfred Cowles, a native of Connecticut, on coming to Illinois settled first at Belleville, and removed thence, in 1839, to Alton. While serving as Attorney-general he and Benjamin Mills prosecuted P. H. Winchester for the killing of Daniel D. Smith, a citizen of Pike county. 111. In this celebrated case, which was tried at Edwardsville about 1824, Henry Starr, of Edwardsville, and that eminent criminal lawyer, Felix Grundy, of Tennessee, were attorneys for the defense. The trial, which was a battle of legal giants, resulted in the acquittal of Winchester. Mr. Cowles spent the last years of his life in Oregon. He was a man of acknowUdged legal ability, and was considered a very safe and reliable lawyer.
Francis B. Murdock was an attorney of Madison county for several years preceding 1841, at which time he removed to St. Louis. He afterward went to California, and there died. He was engaged in general practice and was called a good lawyer.
Horatio Bigelow came to jSIadison county in 1837, and began the practice of law. He was appointed assignee in bankruptcy for Madison county, when the county was laboring under financial embarrassment in the 40's. Mr. Bigelow removed to Boston some years ago, and still resides there.
David H. Brigham, formerly a resident of Alton, had a legal education and was admitted to the bar, but never devoted much time to practice. He engaged in speculations, and after living here a few years went to Iowa in 1850.
Usher F. Linder lived in this county some three or four years; came about 1837. He was a very brilliant lawyer, and had a good practice. On leaving this county he went to Chicago, where he died a few years ago.
From 1«35 to 1840, there lived at Edwardsville a young attorney, named Junius Hall. He was an accomplished lawyer and had a fine practice for those times, but became discouraged, as it seemed to him that the West was making very slow progress, and returned to Boston, whence he had come only a few years before. He was a partner of Newton D. Strong, a native of Connecticut, who removed to Easton, Pennsylvania, where he studied law with his brother^ ' William Strong, late Justice of the Supreme Court of the United States. He came to Edwardsville about 1835, and while here he married a daughter of Hon. Cyrus Edwards. After his marriage he returned to Easton, and there engaged in the practice of his profession. Shortly after the death of his wife at Eiiston, he again came west and located at St. Louis, where he died Mr. Strong was a man of marked ability, a finished scholar, and as a lawyer had few equals. He ouce represented Madison county in the Illinois Legislature ; his style of addressing the court was purely Websteriau - never using a word too many nor a word too few.
Franklin Niles, who was a young lawyer from Easton, Penna., came to Edwardsville about 1840 and opened an office with Judge Joseph Gillespie. He left his practice to engage in the Mexican war under Col. Doniphan, who afterwards became a general, but died at the commencement of \ the march at 110 mile creek. He was an excellent lawyer, and was remarkable for the facility with which he could prepare his papers and for the accuracy of his pleadings. Had Mr. Niles lived he would have become, in all probability, an eminent lawyer.
Wm. S. Lincoln, a son of Gov. Levi Lincoln, of ilassachusetts, lived in Alton from about 183-5 to 1840. He had a fair share of the law practice in this county in those times, and had he remained would, perhaps, have become one of the leading lawyers of this section, but becoming discouraged by the hard times that set in here about 1840 he returned to his native state. His brother, John W. Lincoln, was a lawyer here about the same time, but never practiced much-
Nelson G. Edwards came with his father, Hon. Cyrus Edwards, to Illinois when a mere child. Having completed his literary education at Shurtlett' College, Upper Alton, 111., he began the study of law under the supervision of his father. He was admitted to the bar when quite young, and formed a jjartnershij) with Levi Davis of Alton. He was a lawyer of good promise, and would no doubt have at'ained considerable prominence in his profession and in political life as well, had he not died a few years after his admission to practice. He was a man of rare gifts, and was exceedingly popular and engaging in his manners ; was zealous and indefatigable, and had the entire confidence of the public for integrity and ability- Perhaps no other young man in this country made a more favorable and lasting impression upon acquaintances and friends than did Nelson G. Edwards.
Alexander AY. Jones, an eccentric man, but well educated and a good lawyer, located in Jladi.son county in 183G. He was appointed register of the land office at Edwardsville about 1841 or 1842 by President Tyler, and died at that place some years afterward.
Lauresten Kobbins, who resided at Alton from 1830 to 1846, prei)ared himself for practice under the direction of Hon. Seth. T. Sawyer of Alton ; as also did Foster Fletcher, who came to the county in 1842 and remained here till 184.5, he removed to Carrollton, 111 Neither of these gentlemen practiced very extensively, and both went into the Mexican war and were killed at the battle of Buena Y ista.
James W. Davis, was a young man who was admitted to practice just before the beginniii:^ of the rebellion. He enlisted in the Union army, served out his term (jf enlistment.
Joseph Conway was one of the early settlers of Illinois. He came from Kentucky to this state as early as 1812, perhaps earlier. AVhen Illinois became a state he was appointed clerk of the circuit court for the county, and held that position till 1825. In 1828 he was elected to the state senate from Madison county. At the close of his service as state senator, or shortly thereafter, he removed to Rock Island, 111., and while residing there, fell from the upper to the lower deck of a steamboat, thereby sustaining injuries from which he died.
John Tbibble came to Alton in 1852, opened a law office, and was engaged in the duties of his profession till the beginning of the late war, when he entered the Union army. AVhile serving his country, he was so badly wounded that he was sent home to Alton, where he died of his injuries.
Friend S. Rutherford was a resident lawyer of Edwardsville, and afterwards of Alton, from 1856 till the opening of hostilities between the north and the south, when he enlisted and became colonel of an Illinois regiment. He served throughout the war as a soldier, and at its close came back to this county, where he died a few years later.
George T. Brown, of Alton, who died some years ago ,w as an attorney, but he did not give his attention so much to law as to jjolitics, in which he played an important part in Madison and the adjoining counties.
Charles Newman, a native of Madison county, graduated from St. Louis Law School iu 1874, was admitted to the bar in Illinois; and after practicing a year, closed his office and engaged in farming.
Charles F. Springer, a cousin of Wm. M. Springer, M. C. from Springfield district, was born in Sullivan county, Indiana, Aug. 10, 1834, and emigrated to Illinois iu 1848. He graduated with honor at Asbury University, Greencas. tie, Ind., in 1858, and soon after completing his collegiate course began his legal education in the office of Judges David and Joseph Gillespie at Edwardsville. Upon his admission to the bar in 1859, he became the par'ner of Judge David Gillespie, and the remaining years of his life, with the exception of iutervals during which he was called to public duties, were devoted to his profession. He was a man of splendid presence and pleasing address, and at once con. vincel those with whom he came in contact, of his sterling integrity. He was a profound thinker, a good lawyer, a shrewd politician, and was eminently gifted as a speaker. He was one of the prominent members of the Constitutional Convention of 1870. His death, which occurred November 15, 1370, filled with deep sorrow the hearts of his numerous friends and admirers.
Frank W. Burnett, a former resident attorney of Edwardsville, was born in Michigan in 1849. His literary education was acquired in the public schools of his native state and in Germany. He received his legal education at the University of ]\Iichigan, from which institution he gra- duated in 1873. In the same year he was examined and licensed to practice in Illinoi;^, and soon after was admitted to partnersliip with ]\[e.ssrs. Dale and Burnett of Edwards- Judge Dale withdrew from the firm in 1876, on account of his election to the office of county judge, leaving George B. and Frank W. Burnett to continue the business. In 1S77 the brothers dissolved partnership, each establishing a law office for himself. After practicing alone for some mouths, Frank W. became a law partner of B. R. Burroughs. He was associated with Mr. Burroughs till 1881, when he removed to Springfield, Ills. He still remains at that place in the practice of his profession.
Judge David Gillespie was born in Edwardsville, September oO, 1828. In the absence of public schools at that early day, he received a rudimentary education in the private schools of his native town, and afterwards continued his studies for a time at Shurtleft' College. While yet a lad, he entered the office of his uncle, Joseph Gillespie, and applied himself diligently to the study of law. He afterwards attended a course of law lectures at Cincinnati, Ohio, and on attaining his majority in 1849 was examined and admitted to practice in Illinois. He immediately became the law partner of his uncle Joseph, the style of the firm being J. & D. Gillespie. This partnership continued till 1861, when Joseph Gillespie was elected circuit judge, and David became the law partner of Charles F Springer, with whom he was associated till the death of the latter in 1870. He practiced by himself from 1870 to 1872, when he took Cyrus Happy into partnership with him. Mr. Happy was his partner till 1879, after which time and till his death, Aug. 1, 1881, he had an office by himself. The subject of this sketch was one of the noted lawyers of Illinois, aud was well worthy of the high reputation which he bore among the legal fraternity.
His eminent success as a lawyer was due chiefly to his wonderful powers of mental abstraction. While engaged in the consideration of questions, he seemed oblivious to everything else. He was a man of logical miud and of remarkably retentive memory. His devotion to the cause of his clients, of whom he always had a great number, was constant aud untiring. He was a most conscientious attorney, never advising to bring suit unless fully satisfied of the justness of his cause. He was a large-hearted, generous m in, bestowing benefactions upon the needy and the frieiidless wherever he met them. His great professional ability was always at the command of the poor as well as of the rich ; and fees were of minor consideration to him in defending the right or exposing the wrong. His wonderful power over a jury consisted, not in the ordinary method of appealing to their sympathies, but in presenting the facts of his case with such sincerity aud clearness as to produce conviction in the minds of all intelligent hearers. In his conduct of cases he made no attempt at oratorical display, but every sentence he spoke raiig with true eloquence.
He was naturally averse to political life, and scorned the many petty schemes and intrigues by which men often rise to official position. Consequently he held no political office except that of county judge of Madisoa county, for one term. Prior to his election, Madison county orders had always been at a discount, and consequently the medium of unjust speculation, greatly to the detriment of the county's credit ; but during his term of office he borrowed money on his own account, paid off the county orders, and brought theraJo par, where they have since remained, thereby saving large amounts of money to the county. Judge Gillespie was a man of the finest morals ; was very plain, aud somewhat careless in dress. He was exceedingly fond of his family. He was very fixed in his likes aud dislikes, but was never disposed to antagonize anybody. Like Fabricius of old, he could not more easily be turned from honesty than the sun from its course. He was everybody's friend, but to the poor and unfortunate his sympathy and services were especially extended. His death, in the prime of his noble manhood, has left in the community a void that can not soon be filled.
Present Members Of The Bar
Seth T. Sawyer is the oldest practicing lawyer in Madison county, aud is one of the oldest active members of the profession in the State of Illinois. He was born on the 19th of August, 1806, at Reading, Windsor Co., Vt. His early education was obtained first in the common schools of his native state and in Chester Academy of Windsor county. In 1830, he commenced reading law in the office of Nathan Sawyer at Medina, Orleans Co., N. Y., and continued there till October 9, 1831, when he removed to Illinois, reaching Alton, October 29. He at once resumed the study of law in the office of Hon. James Semple, who was then practicing at Edwardsville. He r^-mained in Judge Semple's office till the spring of 1*^32, when he was admitted to the bar and became a partner of his preceptor. He thus practiced till 183(5, when the partnership dissolved aud he removed to Alton, where he has, since that time, had an office. He has been a notary public for twenty years. In 1836, he was appointed State printer, vice his brother, .lohn Sawyer, deceased. Since 1855, he has been U. S. Commissioner. Although engaged iu a general practice he has been best known as a real estate lawyer. He has also had an extensive practice in the federal courts. His practice in this state has been mainly in the first, second aud third judicial circuits. Mr. Sawyer, notwithstanding his advanced years, still conducts cases in the courts with much of tje vigor and energy of his younger days.
Among the ranks of the present veterans and distinguished lawyers of Illinois, no one, perhaps, is better known or more illustrious thau Judge Joseph Gillespie of pAlwardsville. This eminent jurist was born in New York in the year 1809, and as there were few schools at that day, he received his early education under the direction of his mother, who was a woman of superior intellectual ability. In 1819 he came with his parents to Illinois, aud settled on a farm iu Madison county About the year ls30 he became acquainted with the Hon Cyrus Edwards, then a distinguished retired lawyer of this county, who saw iu young Gillespie indications of true mental worth, and invited him to become his student of law.
After two years of diligent application to his legal studies in the office of his gfcercus patron, Mr. Gillespie attended a course of lectures on law at the Transylvania University, of Kentucky. In 1837 he was examined and admitted to the bar, and during the same year opened a law office in Edwardsville, where he has since continued in active practice. In 1840 he was elected to the lower House of the State Legislature, and there made the acquaintance of Mr. Lincoln, w'hich afterwanis ripened into a life-long, intimate friendship. In 1847, Mr. Gillespie was elected to the State Senate, and was one of the leaders of that body during the next eight years. In 1861 he was honored with the election to the circuit bench of this district, and filled with distinction that position till 1873. Asa citizen, lawyer, legislator, or jurist. Judge Joseph Gillespie stands in the ranks of the distinguished men of our great commonwealth, and is one of the few survivers of those noble sons of Illinois who for the last half century, both in field and forum, have won their way to fame and distinction.
Henuy S. Baker, son of Judge David J. Baker, was born at Kaskaskia 111., November 10, 1824. He received his preparatory education at Shurtleff College, Upper Alton, HI., and in 1843 went to Brown University, at Providence, R I. He graduated at Brown in 1847, and studied law with his father at Alton, during the next two years, at the end of which time he was admitted to practice. He was in partnership with his father for some time, but when the latter retired from active practice he formed a copartnership with Wm. B. Gilbert, his nephew, who is now a prominent attorney at Cairo, III. This firm lasted until 183o, when Mr. Gilbert left Alton. In the same year he was elected judge of the city court of Alton. He held this office until 1881, a period of sixteen years, although he was a Republican and the city strontrly Djmocratic. In March, 188 1, he was defeated for the office by Judge A. H. Gambrill, a Democrat. He then formed a partnership with John J. Brenholt, of Alton, and the firm at once took a leading place among those of the Madison county bar, and is still in successful continuance. Judge Baker has had little to do with politics, although a popular man and a pleasing public speaker; yet he has from time to lime been honored by his party by being chosen member of State and National Republican conventions ; notably the Republican convention held at Bloomington in 1856; the Republican State convention, of 1876, of which he was president, and in the same year, the Republican National Convention, at Ciuciun Iti.
Another able and prominent member of the Madison county bar, and one long identified with the profession, is the Hon. A. W. Metcalf, of Edwardsville.
Mr. ]\retcalf was born in Guernsey county, Ohio, August 6th, 1828, and received his literary education at Madison College in his native county, from which institution, having completed the classical course, he graduated in 1846. He afterward studied law three years in the office of Evans and Scott at Cambridge, Ohio, and in 1850, having passed the required examination, was admitted to the bar of his native state. In January, 1851, he went to Appleton, Wisconsin, where, in company with George H. Myers, he opened an office and commenced the practice of his profession.
Having remained there a year, he in 1852 went to St. Louis and came thence to Edwardsville, whence, after stopping a few months, he went to Alton to transact the legal business of George T Brown and to perform the duties of reporter for the Alton Courier.
In January, 1853, he returned to Elwardsville, opened a law office, and has here, ever since, continued in active practice. In 18.59 he was appointed state's attorney by Gov. William H. Bissell, and served one year in that capacity. In 1864, he was elected to the state senate from the district composed of Madison and St. Clair counties, and took a leading part in the deliberations of that body till the expiration of his term in 1868. In 1872, he was a delegate to the national Republican convention which met at Philadelphia, and which nominated Gen. Grant for re-election to the Pre.-<i(lency. In 1876 he was a lay delegate from the southern Illinois conference to the national iSIethodist conference, which held its session that year at Baltimore, Md. He was also a delegate to the national Republican convention which met at Chicago in 1880 and which nominated Gen. Garfield.
During the last twenty years he has been a tru.-^tee of McKendree College, and in that capacity has done much to advance the interests of that institution.
Mr. Metcalf has always taken a deep and active interest in the Sunday-school cause, attending most of the State Sunday-chool conventions and otherwise contributing to the advancemeat of that work throughout the state. He was for one j'ear the law partner of Judge John G. Irwin and had for several years a branch office at Greenville, III. J. F. Alexander being in charge of the office at that place. In 1874 Mr. Metcalf formed a partnership with William P. Bradshaw, which firm, under the style of Metcalf and Bradshaw, still continues, and is one of the leading law firms in this part of the state.
JuDUE Alexander H. Gambrill was born in the city of Annapolis, Md. His paternal ancestors were among the earliest settlers of Maryland ; those on his mother's side settled in Virginia at an early day and were prominent citizens of that state. He was educated at St. John's College in his native city, and graduated from that institution having c impleted the full classical course of study. He then studied law with Hon. Alexander Randall of Annapolis, Md. ; was admitted to the bar of that State in 1850; and practiced law till October, 1855, when he removed to Alton, 111., where he immediately opened a law office by himself. He has never been in partnership with any one. In 1857 he was elected city attorney of Alton, and was afterward re-elected to the same position for several consecutive terms. At that time the office of city counsellor had not been established, and he therefore performed the duties jjertaining to both offices during his successive terms of office as city attorney. For several years prior to 1881, he was Master in Chancery of the city court of Alton, and in discharging the duties of that office, so fully demonstrated his fitness for the position of Judge of that court that he was
Hon. John H. Yager was born in Germany, Oct. 12, 1833. j He attended school in various places when a boy, but finish- j ed his littrary education in the St. Louis high school. He read law with Hon. A. W. Metcalf ; and, subsequently, with T. L. Dickey of Chicago, now one of the Justices of the Supreme Court of Illinois. AVhile in the office of the latter, he was admitted to the bar, in April, 1857 ; and in June of the same year, he removed to Alton, 111., where he has since remained in the practice of law.
He has held several important oflSces since locating in this county ; among them the following : elected Enrolling and Engrossing Clerk of Illinois House of Representatives in 1861 ; appointed Surveyor of Customs for Port of Alton by President Lincoln, in 1861; elected member of the House of Representatives, in 18G6; in April 1871, appointed Collector of Internal Revenue for the 12th District of 111., by President Grant; in November 1872 elected State Senator from the 41st District of Illinois ; and in 1880 elected State's Attorney for Madison Co., 111., the duties of which office he still very ably performs. He is a sound lawyer and a useful man.
Ikwix B. Randle was born in Stewart county, Tennessee, March 24th, 1811, and came with his parents in 1815 to Illinois, and settled near Edwardsville. His early education was acquired in the public schools of Madison county, Illinois, and a High School in Christian county, Kentucky. In 1834 he removed to Upper Alton, and in 1839 commenced the study of law. In 1859 he was examined, and admitted to the bar of Illinois. Immediately aft r obtaining license to practice, he opened a law office in Upper Alton, and was there engaged in legal business till 1870, when he removed to Edwardsville, where he has since been engaged in the work of his profession. From 1845 to 1853, Mr. Randle was a member of the county court of Madison county. On October 24ih, 1881, Mr. Randle and wife celebrated their golden wedding, and on this occasion the other members of the Madison county bar showed in what high regard they held him and his estimable lady, by presenting to them a cushion covered with white satin, upon which were placed twenty-eight gold dollars, so arranged as to form the number 50. The tweutv-eight gold dollars, represent twenty-eight members of the present Madison county bar. This was an honor and an occasion long to be remembered by Mr. Randle, his family, and their posterity.
George B. Burnett, one of the prominent lawyers of the Madison county bar, was born in Ontario county. New York He pursued his legal studies under the supervision of his father, Benjamin F. Burnett, and was admitted to the bar in 1860. From 1860 to 1862, he practiced law at Aledo, Mercer county, Illinois. In 1862 he came to Edwardsville, and began the practice of law, by himself, and' thus continued till 1866, at which time he formed a partnership with Judge Dale, which lasted till 1876, his brother, Frank W. Burnett being admitted to the partnership in 1873. In 1876, Judge Dale was elected county Judge, and withdrew from the firm. The brothers, Baructt, continued their partnership about a year, and then dissolved, each establishing a practice for himself. Quite early in life i\Ir. Geo. B. Burnett gained considerable distinction as a criminal lawyer He has been for twelve years past the attorney for the St. Louis Branch of the Wabash, St. Louis and Pacific Railroad. He is a fine lawyer, and excels as an advocate. Judge M. G. Dale is a native of the city of Lancaster, Pennsylvania, and received his early educdtion in the schools of his native city. In 1832 he entered Pennsylvania college at Gettysburg,^ and graduated in full course in 1835. He had the honor of being salutaturian of his class, and delivered his graduating oration in Latin. His legal education began in the office of Judge Champney, at Lancaster, and in 1837 he was admitted to the bar. On coming to Illinois in 1838, he settled at Greenville, Bond county, and opened a law office. From 18S9 to 1853 he served as probate judge and county judge of that county, and washy President Pierce appointed register of the land office at Edwardsville, to which place he removed. On the removal of the land office from Edwardsville, he was elected county judge of iladison county, in which capacity he served eight years. At the close of his term as judge he resumed the practice of law, and continued it till seven years ago, when he was again elected county judge of Madison county, which office he still holds. Judge Dale is a very affable and cour. teous gentleman, and an excellent county judge, as is shown by his successive elections to that office.
Hon. Levi Davis, Sk , of Alton, Illinois, is a native of Maryland, having been born in that state in May. 1808. Ou coming to Illinois he located at Vaudalia. In 1835 he became Auditor of State, and removed to Springfield, where he remained till 1846, when he came to Alton, where he has since been engaged in general practice. He ii considered one of our best lawyers, one to whom some of the best lawyers of the. country have said they could entrust their cases with a feeling of security, a feeling that whoever might be the opposing counsel, he would have hard work to gain the case against Mr. Davis, if the latter had justice on his side. Davis is pre-eminently trustworthy on account of his accuracy and extent of legal knowledge, but also by reason of his integrity. He has been conspicuous during his life as a peace-maker ; his advice to his clients was invariably to keep out of the law, or if in, to compromise their cases, if they could do so consistently with their h>nor. Davis and Nelson G. Edwards, formed at one time one of the most successful and popular law firms in the county of Madison. He is now living in the enjoyment of a character of which any ipan may be proud.
Charles P. Wise, one of the leading lawyers of this county, is a native of ifaryland, and was born at Emmet^- burg, in that state, in 1839. His education was acquired principally at the University of St. Louis, Missouri, where he pursued the classical course till some time during his junior year, when he left college to prepare for entering the legal profession. He first read law in the office of Levi Davis, Sr. at Alton, during the years 1 858-59 ; his legal studies were further prosecuted at the Albany Law School, from which institution he received his degree of LL B. in 1861.
In the same year he was licensed to practice law in the State of New York, also at the bar of Illinois, and in the latter part of the year opened a law office in Alton, where he was soon in successful practice. In 18C8 he formed a partnership with Judge Henry W.Billings; this partnership was dissolved in 1871, and Mr. AA'^ise continued practice by himself from this time till 1880, when he and Levi Davis, Jr., formed a partnership which still exists. He is engaged in a practice which embraces all branches of the bar.
1878 he was admitted to practice in the Supreme court of the United States. He is also one of the attorneys for the Chicago and Alton Railroad Company, has a large and lucrative practice, and ranks high as a councillor and practicing attorney.
G. M. Cole is a native of Ashtabula county, Ohio ; born in 1834. His early school years were spent in Kingsvillc Academy, in his own native county. About the year 1854, he came west, and during the ne.Kt fifteen years was employed as principal of various graded scliools of Illinois, being a part of the time principal of the Edwardsville schools. In 18()3, under the instruction of George B. Burnett, he began to prepare himself for the practice of law ; was examined in 1864, and admitted to the bar. During the next two years he was a partner of George B. Burnett, his preceptor, since which time he has practiced law by himself From 1873 to
Judge John G. Irwin was born in Edwardsville, Illinois, January 2lst, 1842, and passed his boyhood days in the public school of his native town. At the age of twentythree commenced reading law in the office of Judge David Gillespie, at Edwardsville. In December, 1866, he was examined, and in January following, received license to practice law. Shortly after his admission, he formed a partnership with Hon. A. W. Metcalf, which continued about a year, when he formed a partnership with W. H. Krome, which continued till April, 1874, at which time he was elected county judge, to succeed the late Judge William T. Brown, at a special election held in April, 1874; was de. clared elected by one majority by the board of canvassers. M. G. Dale, one of his competitors, contested his election, upon trial HI the circuit court ; the cojitest was decided in his favor, but upon appeal to the supreme court the judgment of the circuit court was reversed, and Judge Dale declared to have been elected. The only questions involved in the case irregularities, which were the result of mistakes of the judges of election, due to a lack of familiarity with the election law which had been changed shortly before the election. The most important case decided by Judge Irwin was that of Madison county vs. the estate of the late Judge AVilliam T. Brown, and as some difference of opinion was expressed in regard to the matter, we append a brief synopsis of the theory of the decision.*
Judge Irwin served the county as judge two years, and at the expiration of that time formed a law partnership with Edward C Springer. Jlessrs. Irwin & Springer are engaged in a prosperous general practice of their profession, and the firm is one of the most prompt and reliable in the county. Judge Irwin is justly regarded as a man of profound cast of mind, and a deeply read lawyer. He carefully investigates and analyzes every subject or case presented for his consideration, and exhibits his side with remarkable clearness and force. His forte is in his masterly presentation to the court of the legal propositions in his ca.se. In addition, he is known to be actuated by the highest sentiments of honor.
Levi Davis, Jr., is a native of Illinois, and was born at Springfield, Xov. 2, 1842. He received a thorough common school education in the public school of Alton and afterward pursued a course of collegiate study at the University of St. Louis, Mo. Being thus prepared for professional study he began to read law in the office of his father at Alton, in 1865, and after studying there one year entered the Albany Law School at Albany, N. Y. Soon after his graduation from that institution in 18IJ7. he was admitted to the bar of Illinois and opened an office with his father at Alton. He remained associated with the latter till 1871, when he joined the ranks of the profession in St. Louis, where he practiced till 1879, at which time he returned to Alton and formed a law partnership with Charles P. Wise, with whom he is still connected under the firm name of Wise & Davis. He has twice been city attorney of Alton ; is a man of ability, and is in every sense a sound and successful lawyer.
Captain Anton Neu.stadt, one of the enterprising foreign-born citizens of this county, received his literary education at the University of Prague, subsequently emigrated to America, and settled in Madison county, Illinois. He studied law under the direction of Gillespie & Springer, and was admitted to the bar in August, 1867. He began the practice of law in Collinsville, where he has since continued to reside, and has been successfully engaged in the practice of his profession.
the aggregate amount of credits proved. The proceedings were pending about eighteen months, and every opportunity was given to the administrators, as respects time and otherwise, to make as full and complete a defense as it was possible to make, and neither they, nor their counsel were in any degree negligent in the performance of their duties; they had access to all public records and were aided by the county clerk. They also had the private books and memoranda of the deceased, and preserved as vouchers a great many papers pertaining to public affairs, and obtained credit for them ; among these were $84,850.67 cancelled coupons paid by the deceased and preserved by him as vouchers. In these reports counsel for the estate had advantages which counsel for the county did not possess. A written opinion was rendered and placed on file, and from an inspection of this document it will be found that the estate got the benefit of all the doubts, besides the estate liad the right of appeal and trial dc nova, aud although an appeal was taken, the only question raised on the trial of the appeal was as to the correctness of the ruling of the probate court in the classification of the claim. The circuit court affirmed the decision of the probate court in this respect.
Cyrus L. Ccok was born and rfared in Madison county, j Illinois. He entered Shurtlefl' College, at Upper Alton, in i, 1856, and graduated from that institution in 1862, in full [ classical course. His legal education was acquired by taking | private lessous and attending law lectures in the University i of Michigan. About the year 1867 he was admitted to the bar of Illinois, and established himself in the practice of law at Edwardsville, where he has since continued in active practice. During the late war he was a member of the One Hundred and Thirty-third Illinois Infantry. In 1876, he was elected Slates' Attorney of Madison county, and filled the office with emiuent ability till the election of his successor in ISSO. His opinions on legal points are sound, and evince a thorough knowledge of law. He is a most genial gentleman, an eloquent advocate, and a lawyer of the finest scholarly attainments.
Cyrds W. Leverett was born at Upper Alton, Illinois^ in 1841. His literary education was received at ShurtlefT College. He pursued his legal studies in the ofiice of Levi Davis, Sr., of Alton, and in the law department of the University of Michigan. Since his admission to the bar, about 1867, he has been engaged in an extensive practice at his native place.
Henry O. Billings has been for several years in the practice of law at Alton. He was elected in 1880 a member of the Illinois legislature, as the democratic candidate of Madison county.
Hon. William H. Krome, was born in July, 1842, at Louisville, Kentucky. In 1848 he left that city with his parents and came to St. Louis. Two years later his parents removed to Madison county, 111., and settled on a farm nine miles south of Edwardsville. Mr Krome received a common school education in the public schools of this county, and in the fall of 1858 entered McKendree College for the purpose of better preparing himself for the battle of life. He took a classical course and graduated in June, 1863. In 1865, he commenced the study of law in the office of Judge Dale of Edwardsville, and remained a student in that office till the fall of 1866, when he entered the law department of the Michigan University, Ann Aibor, Mich., from which he graduated in 1868. He had been examined with reference to bis legal quaifications in June, 1867, and had been admitted to practice in Illinois but did not open an office till April, 1868, when he and John G. Irwin of Edwardsville formed a partnership the firm name being Iiwiu and Krume. This firm continued till 1874, when Mr. Krome entered into a partnership with W. F. L. Hadley ; the firm Krome and Hadley still continues. Mr. Krome was a member of the State Senate from 1874 to 1878, and served as mayor of the city of Edwardsville from 1873 to 1875. He is an able lawyer, a good pleader and a sue. cessful advocate.
John J. Brenholt, is a native of Missouri, born in the city of St. Louis, in 1843. He acquired a thorough scholastic education at Illinois College, Jacksonville, 111., graduating in 1856, and then entered the Albany Law School at Albany, N. Y., from which institution he received his diploma in 1867. In the same year he was admitted to the bar in New York, and in the following year was examined and received his license to practice in Hlinois. In 1873 he began the practice of law in Chicago, where he remained two years ; he then removed to Alton, opened an office and at once engaged in the general practice of his profession. From April 1879 till April 1881 he was corporation counsellor for the city of Alton. In the latter year he formed a partnership with Judge H. S. Baker, with whom he is now associated in general practice under the firm name of Baker and Breuholt. In 1878 Mr. Brenholt was appointed by Gov. Cullora a member of his staff with the rank of Colonel, and still holds that position. He is a clear-headed, active, painstaking lawyer.
Alexander W. Hope, was born at Alton, 111., July 10, 1848. He spent bis youth in gaining a thorough education and graduated from the University of Virginia in 1868, having taken the full classical course of that institution. After completing his collegiate course he attended the law department of his Ahna Mater, and at the end of two years received the degree of LL. B. He was immediately admitted to the bar of Illinois and opened an ofiice in Alton, where he has since remained. He was for three terms city attorney of Alton, and has been elected mayor twice. Mr. Hope has been engaged in many important cases, and is regarded as a very promising member of the profession.
Robinson S. Sawyer, was born in Alton, III., in 1845. After acquiring a preliminary education in the public schools of his native city, he attended Shurtleff College one year. In the fall of 1867 he began the study of law in the office of his father, Seth T. Sawyer, and read till 1870, when having successfully passed examination he received license to practice. In January, 1871, he entered into partnership with his father for the general practice of law, the firm name being S. T. and R. S. Sawyer.
E. Breese Glass, Master in Chancery for Madison county, is a native of St. Clair county, 111. Having completed the studies pursued in the public schools of his native county, he entered Shurtleff College at Upper Alton in 1864 and took a four years' Latin course. After leaving college he studied law one year at Leavenworth, Kansas, and soon afterward entered the law office of Levi Davis, Sr., (Upper Alton, 111. ) with whom he studied till he was admitted to the bar in 1870. Mr. Glass first opened a law office in Upper Alton, but upon being elected States Attorney in 1872 removed his office to Edwardsville where he has since remained in the practice of his profession. He was appointed Master in Chancery in 1879, and still holds that office by re-appointment.
William H. Jones was born in St. Louis, in 1849. When twelve years old, he graduated from the academic department of the Washington University, St. Louis, jNIo., and shortly afterward attended Columbia College, New York. In 1868, under the direction of Judge David Gillespie of Edwardsville, he commenced reading law and after a thorough course of study was examined and admitted to the bar in 1871. Mr. Jones is attorney for the Toledo, Cincinnati and St.
W. F. L. Hadlev was born in Madison county, Illinois, June lo, 1847. Mr. Hadley attended the district schools of his native county until the fall of 1863, when he entered McKendree College at Lebanon. He graduated from that institution in 1867, in the scientific coarse, including Latin. In 1870, he entered the law department of Michigan University, at Ann Arbor ; graduated in the spring of 1871, and in the following fall opened a law office in Edwardsville. He practiced by himself till May 1S74, when he formed a partnership with Hon. Wm. H. Krome. He is a successful lawyer, and rauks among the leading attorneys at the Madison county bar.
Thomas J. Richard.«ox received his early education in the common schools of Clinton county. 111., and also attended Shurtlefl" College two years. He read law privately, and subsequently took a law course in the University at Louisville, Ky. After his admission to the bar of Illinois in 1870 he began practice at Carlyle, Clinton county, and was Master in Chancery for that county from 1871 to October 1874, at which time he resigned and removed to St. Louis to practice law. In August, 1878, he returned to Illinois and located at Highland, where he has since been engaged in a general practice. Mr. Richardson is an industrious, careful lawyer, and a man of good abilities.
Edward Phillips, a native of Madison county, received his education in the public schools of Edwardsville and at Shurtleff College, Upper Alton, Having decided to adopt the legal profession as his life work, he entered the law office of Hon A. W. Metcalf of Edwardsville in 1869, and after studying a year was admitted to practice. Since his admission to the bar he has continued in the practice of law with the exception of five years, during which time he was engaged in the lumber business.
Jons D. Heisel a native of Germany, came to America at the age of twenty-one, and settled in Burlington county. New Jersey, in 1!^5.3; after living there five years he came west, and in 1870 began the study of law in the office of I. B. Randle of Edwardsville. In 1»71 he was licensed to practice law in the courts of Illinois, and immediately formed a partnership with his former preceptor, I. B. Randle. This partnership lasted till 1872, when Mr. Heisel was elected Circuit Clerk of JIadison county, and served two terms. In 1880, he resumed the practice of his profession.
Cyrus Happy was born near Du Quoin, 111. In 1864 when only nineteen years old he enlisted in the 18th Illinois Infantry and served his country as a soldier till he was mustered out at the close of the war. He entered McKendree College in the fall of 1860, and inJJune 1869 graduated from that institution, having taken the scientific course, including Latin. He commenced the study of law in September 1869 in the office of Gillespie & Springer, and continued a student in the office till 1871, when he was admitted to the bar. Soon after his admission he entered into partnership with Judge David Gillespie, one of the law firm with whom he had studied. This partnership lasted till 1S79, when he
Wm. p. Bradshaw is a native of Illinois, his father having emigrated to this State in 1812. He attended the public schools of his native county (Wayne), and finished his literary education at McKendree College, Lebanon, 111., graduating from that institution in 1869. While on his father's farm prior to his entering college, he devoted his evenings to the study of law, afterward continued his legal studies under Prof H. H. Horner, of McKendree College, and in 1869 entered, as a student, the law office of Dale & Burnett, at Edwardsville, where he remained two years. In 1871, admitted to the bar, he immediately opened an office in Edwardsville and practiced by himself till 1874, when he became the partner of Hon. A. W. Metcalf, the style of the firm being Metcalf & Bradshaw, which still continues. Mr. Bradshaw was an active and influential member of the State Republican Central Committee. He is engaged in a general practice, but especially excels as a jury lawyer, in which capacity he has few equals of his age in this part of the State.
Clay H. Lynch received a common school education in the district schools of his native county (Madison), and at the age of twenty-one commenced the study of law in the office of Hon. David Gillespie. Having read law two years in 1870 he entered the law department of the University of Michigan, from which institution he graduated in 1871. Soon after finishing his course he opened a law office and practiced two years, at the end of which time he quit law and engaged in the grain trade. In January, 1881, he resumed his legal practice, and now bids fair to make a successful attorney.
John W. Coppinger was born at Alton in 18.52. He received his elementary education in the cathedral schools of his native city. From 1864 to 1866 he was a student in St. Mary's College, at Perry ville. Mo. He then attended the University of Notre Dame, at Notre Dame, Ind., from which he graduated in the scientific course. From 1870 to 1872 he read law in the office of John H. Yager at Alton, and during a portion of the time attended the St. Louis Law School. In 1872, he was admitted to the bar, and commenced the practice of law.
Henry' S. Pettingill, now engaged in the practice at Edwardsville, was born in Madison county, 111., April 25th, 1850. When fifteen years of age, he entered Shurtlefl' College, at Upper Alton, 111., to take a four years' scientific course. During his senior year he left college and entered the law office of Dale & Burnett, at Edwardsville, and there applied himself to his studies till 1869, when he entered the law department of the University of Michigan. After his graduation in law, in 1873, he opened an office in Peoria, but after remaining there only a few months he went west, and traveled through the western states and territories till 1877, at which time he returned and opened a law office in Carrollton, Illinois. In 1878 Mr. Pettingill removed his office to
Provenance
Text from History of Madison County, Illinois ... With Biographical Sketches .., published 1882, in the public domain in the United States and digitised by the Internet Archive.