McDonough County, Illinois - Chapter 28: The Bar of the County, 1878

Ill looking over the records of the Circuit Court ot this county, we observe the names of many practicing attorneys who have since become eminent in their chosen profession or in the aftairs of the State. We propose, in this chapter, to give a short sketch of some of these, giving first, the Judges; second, State's Attorneys, and third, practicing attorneys.

Judges of the Circuit Court. - McDonough county is now in the Eleventh Judicial Circuit, but on the organization of the county and up to 1873, it was included in the Fifth Judicial Circuit of the State. Originally this circuit included all that part ot the State known as the "Military Tract," and extended across the northern part of the State, including the counties of Cook and JoDavies.

The first judge of this circuit was the Hon. Eichard M. Young, who was appointed in the year 1828, and made his residence at Galena; afterwards in 1833, he resided in Quincy and remained in office till January 1837, when he resigned, having been by the legislature elected United States Senator for six years. Judge Young was a native of Kentucky, and was one of thetirst settlers of northern Illinois. He ranked high in his profession, and his counsels did much to shape the policy ot the State. In his manners gentle, courteous and entertaining; which qualities rendered him attractive and popular. He was generous in his feelings and liberal in his views, and hence stood high in the esteem of all who had the pleasure of his acquaintance. He possessed a liberal endowment of intellectual ability and literary and legal acquirements, and these with his other qualifications, admirably fitted him for the post he was called to till. Upon all with whom he came in contact he left a lasting aud favorable impression. His course in the United States Senate brought him to general notice, and after the expiration of his term he was appointed commissioner of the general land office, by President Polk. lie also discharged the duties of other offices, at the city of Washington, with honor to himself and advantage to the country.

The Hon. James II. Ralston, a native of Kentuckv, was elected by the Legislature in 1837 to fill the vacancy occasioned by the resignation of Judge Young, and in August of the same year he resigned on account of his health, with a view of going to, and living in, Texas, whither he went, but soon returned to Quincy, his former residence and resumed the practice of his profession. In 1840 he was elected State Senator. In 1846 President Polk appointed him Assistant Quartermaster of the United States army, and he was ordered to report for duty to the Commandant of the Illinois Volunteers, then en route for Mexico. Having discharged the duties of his station faithfully during the Avar with Mexico, he returned home and soon after emigrated to California.

The Hon. Peter Lott, a native of ISTew York, was elected the successor of Judge Ralston, and continued in the office until Januar}', 1841. He was subsequently appointed clerk of the circuit court of Adams county, in which capacity he served until 1848, when he was elected to the same office under the provisions of the new constitution, and served until 1852; he then went to California and was appointed Superintendent of the United States Mint, in San Francisco, by President Pierce, and was removed in 1850 by President Buchanan, and afterwards moved to Kansas and lived in humble life.

Hon. Stephen A. Douglas was elected Judge by the Legislature in 1841, and continued in office till August, 1843, when he resigned, having been elected to Congress from the Fifth Congressional District. The life and career of this great man, is so well and widely known as to render any extended notice of him useless. It is sufficient to say that the circumstances under which he entered upon the duties of the office were sufficient to thoroughly try the force and scope of his abilities. The circuit was large - the previous incumbent of the office had left the "docket" loaded with unfinished "cases" ; but he was more than equal to the task. He "cleaned out the docket" with that dispatch and ability which distinguished his subsequent course; and so profound was the impression which he made upon the people, that, in the first congressional electional which occured after he was established in his character as a judge, he received the nomination for member of the lower house of Congress, and was elected thereto. Through the distinguished abilities which he displayed as a Statesman, he received the appellation of the "Little Giant," and became the recognized leader of a great political party. In 1860 he received the nomination for the Presidency, but was beaten by Abraham Lincoln, his competitor for the United States,, Senate two years previous. On the inauguration of President Lincoln, and the subsequent w^ithdrawal of the Southern States from the Union, and the Avar following, Mr. Douglas took strong uniou ground, and declared henceforth there could be but two parties in the county, patriots and traitors. In a few days thereafter he was taken sick and died on the third of June, 1861, sincerely mourned by the whole nation. But two men have ever been more sincerely mourned than Stephen A. Douglas - George Wasliington and Abraham Lincoln.

Hon. Jessie B. Thomas succeeded to the ofHce. He was appointed in August 1813, and continued in it until 1845, when he resigned. Judge Thomas possessed high legal abilities and acquirements, and discharged the duties of the office with honor to himself and to the satisfaction of the people. After his resignation he was appointed to another circuit and soon after died.

Hon. Norman II. Purple was the next incumbent of the office. He was elected in 1845, and served till May 1849, when he resigned. The probable cause of this was the insufficiency of salary. The people of this district were anxious to retain him as judge and probably would but for the cause stated. He was distinguished for high legal abilities and executive talents, and the office was rendered the more honorable by his having occupied it.

Hon. Wm. A. Minshall was the next judge. He was elected in May, 1849, and continued in the office until his death, which was in October, 1851. Judge M. w^as a native of Tennessee, and came early into the State. He was an active and successful lawyer and attained distinction in his profession. Previous to his election as judge, he had been a member of the constitutional convention, and also a member of the State Legislature.

Hon. O. C. Skinner succeeded Judge Minshall, and occupied the office from May, 1851, to May, 1853, w^hen he was elected to the supreme bench and remained there till 1858, when he resigned. He w\as a sound, able lawyer and popular as a judge, and gained eminence in his position on the supreme bench.

lion. Piiikue}' H. Walker succeeded Judge Skiniier. He occupied the office from May, 1853, to May, 1858. He ^vas then appointed by the Governor to till a vacancy in the supreme bench - caused by the resignation ot Judge Skinner. In 1859 he was elected to the supremo bench for nine years, which position he now holds. Judge Walker was a native of Kentucky, and came into the State with his father among the tirst settlers, and located in this county. He had only such advantages for obtaining his literary acquirements as the county then aftbrded ; but a strong determination, added to high intellectual abilities and good health, carried him over all the educational wants of the time, and gave him a fair position as a scholar. The same qualitications rendered him thorough as a student of law, and gave him superiority as a counsellor, and marked him as a proper person for the position which he now occupies and sustains with distinguished ability. His present residence is liushville, Schuyler county.

Hon. John S. Bailey was the succeeding incumbent of the office, and served for three years. Previous to this appointment, he was State's Attorney for the district ; was considered a sound lawyer, and made an impartial judge. He now resides in Macomb, and yet follows his chosen profession.

Hon. Chauncey L. Higbee, the present incumbent, was first elected in 1801, and has been re-elected twice, each time for six years. His reputation as an able judge is unquestioned, and less appeals are made from his decisions than from any other in the State.

S. P. SJiopc. - This gentleman was born in Mississippi, but was taken by his parents to Ohio while yet an infant. In the spring of 183!) he removed to this State; afterwards read law with Judge Purple and Judge Powell in Peoria, and on the eleventh of June, 1856, was admitted to the bar. He first opened an office in Metamora, Illinois, remaining there but a short time, when he removed to Lewistown, in Fulton county, in which place he yet resides. For many years he has had an extensive practice, not only in the counties of his own judicial district, but in Logan, Mason and Cass counties he has had a large amount of business before the courts. In August, 1877, he was elected judge of this district without opposition. Although he has had but little practical experience on the bench, his thorough knowledge of law, quick comprehension and well known impartiality, will doubtless make him popular with the bar and the people.

Stale s Attorneys. - The gentlemen wlio have filled the office of State's or prosecuting attorijey for the district of which McDonongh county forms a part, deserves more than a passing notice. Like the judges they form a galaxy in which the citizens of the county may justly take pride. If it were possible we would be pleased to give a more extended notice of the life work of each, but our space forbids.

The first incumbent of the office was the Hon. Thomas Ford. This gentleman served from the organization of the county until -lanuary, 1835. Possessed of high and noble qualities of manhood, a thorough student, a keen, energetic, untiring lawyer, of strict integrity and high and laudable aspirations, he was universally esteemed and respected. Afterwards became judge of the northern district, and when he became known over the State he was chosen governor by a spontaneous movement of the people. He held this office during the Mormon war.

The successor of Mr. Ford was the Hon. William A. Tiichardson, who served till 1837. Mr. liichardson's personal merits and characteristics are too well known to the people to require any delineation. His predominating traits were courage, unyielding })erseverance and unvarying adherence to the course to which he was committed. He had command of a regiment of Illinois volunteers, in the Mexican war, and in the battle of Buena Vista his cap was carried from his head by a musket ball. At the close of the war he returned home, where his services were recognized and rewarded by a generous people by an election to Congress. He was re-elected five times. His last election was in 1860. He was also appointed Governor of Xebraska, by President Buchanan. This post he resigned after a year's service.

Hon, Henry L. Bryant succeeded Mr. Richardson, his term commencing in 1837 and continuing until 1839. He is characterized as a gentleman of fine qualities and an able lawyer.

Hon. William Elliot was the next occupant of the office. He served from January, 1839, till January, 1848. He was esteemed as a worth}" man, a warm friend and a good lawyer. He served in the Black Hawk war, and was wounded in a liand-to-hand conflict with a single Indian, whom he killed. He was quartermaster in the fourth regiment of volunteers during the Mexican war, and served through. He returned to Lewistowu after tlie war, and soon died.

Hon. liobert S. Blackwell was the successor of Mr. Elliot, and served from 1848 till 1852. Mr. Blackwell was one of the most distinguished lawyers in the State, and is the author of "Blackwell on Tax Titles."

Hon. Calvin A. Warren followed Mr. Blackwell in the office. Mr. Warren served from May, 1852, until August, 1853. This gentleman was a popular, fluent speaker and successful lawyer.

Hon. John S. Bailey succeeded Mr. Warren. He filled the ofiice with credit to himself and satisfaction of the people of the district, until September 1858, when he resigned to take a seat oq the bench.

Hon. L. H. Waters was appointed by the Governor to serve out the unexpired term of Mr. Bailey. Mr. Waters served until the fall of 1860, giving due satisfaction to the people. In the following year Mr. Waters offered his services to the general government, and served a few months as Lieutenant Colonel of the 28th Begiment Illinois Volunteers. Resigning, he was commissioned to raise another regiment, which he succeeded in doing, and received the appointment of Colonel. The 84th Regiment Illinois Volunteers, under his command, did much excellent service. C0I. Waters made a splendid officer, and was much thought of by his men. At the close of the war he returned to his home in Macomb, where he practiced his profession for about four years, when he removed to Missouri. He now resides at Jefferson City, the capital of that State.

Thomas E. Morgan was the next incumbent of this office, and was elected in 1860. Mr. Morgan was a lawyer of fine abilities, and stood at the head of the bar in this part of the State. He died on the twenty-second day of July, 1867. L. H. Waters, a notice of whom is given above, was appointed to fill the vacancy occasioned by his death. ^

L. W. James, of Lewistown, was the next incumbent. Mr. James is a lawyer of more than ordinary abilities, and was one of the 1 best prosecutors in the district. He enjoyed the respect and good will of every member of the bar. His term of oflice expired in 1862.

! taken when an infant to Kentucky, where he resided until 1833, when he removed to Macomb, McDonough county, Illinois, where he resided until the day of his death, which took place December 1, 1875. We are indebted to Hon. Hawkins Taylor, of Washington City, for the following sketch, first appearing in tlie Carthage Gazette^ January 5, 1876 :

"The father of Cj'rus Walker and my mother were brother and sister, and we both grew up in the same county (Adair). When the families first went from Virginia to Kentucky, settlers for t twenty miles had to assist each other in house raising and log rolling, and for three years the father of Cyrus acted as a ranger, watching the movements of the Indians and warning settlers of approaching trouble. His circuit embraced several hundred miles of wild, unsettled country, and he was compelled to live almost entirely on game, and camp out at night. I have often heard him class dried coon as the sweetest meat that he had. Several of the uncles of Cyrus Walker were soldiers in the revolutionary war. The old stocks were both Irish Presbyterians, all of them learned in the scriptures, and of stern, unyielding wills. Cyrus was mainly self-taught, there being no schools in that section of the country at that day, and from his admission to the bar he took high position as a lawyer. At that time, in that part of Kentucky, the lawyers traveled the circuit on horseback, and were a merry mess. They were getting ready to attend the Burksville court when Billy Owens, a man of large ability, kind heart, and a ^ood lawyer, but rough and rather dissipated, saw that Walker was not with them, when he hunted him up and inquired the reason. Walker told him that he had no money. Owens at once _gave him $15, and Walker went along, and was so successful that he paid expenses and took home $37, a larger sum than he had ever at one time possessed : and as long as he remained in Kentucky he was the leading lawyer of that county. Several years later, when Walker was at the head of the bar, Owens, partially under the influence of liquor, made a bitter attack on Walker,

' during the trial of an important case, to which Walker made no reply, although at that day rather disposed to readily resent an insult. Some of his friends inquired the reason. Walker told them of the kind assistance of Owens when he so much needed by him. The next morning Owens made an apology to the court for his unjust remarks to Walker. Walker's motto through life was never to forget a friendship nor do injustice to any one.

"I have often heard Mr. Walker say he regretted the prosecution of the unfortunate young man that was tried, convicted and hung in your town for a murder committed Ijy him in Frederick, on the Illinois river. He always believed he could have saved the life of the young man if he had defended Kim ; and while the case was an aggravated one, still Mr. Walker said that nothing could ever induce him to prosecute another man for murder, and he never did ; but he defended and got clear a good many that deserved to be hung.

"When Mr. Walker made a profession of religion, he, for a time, contemplated quitting the law and turning his attention to the ministry. He was educated to believe that slavery was a ein, and when he joined the church he freed all his negroes and paid their passage to Liberia, Amongst the number was a sprightly boy who has since risen to distinction in Liberia. This boy had a young and handsome wife, who was the property of the pastor of the Presbyterian church, to which Mr. Walker belonged. When Mr. W. set his slaves free he urged his minister to free the wife of the boy he had set free, but the minister refused to do so, saying he was not able to lose the value of the woman, although he had himself got her by marriage. Mr. Walker sent off his freed people, fully believing that the minister would not separate the man and wife when the time for separation came, but he still refused, and Mr. Walker bought and paid him for her and sent her on after her husband to Louisville.

"Mr. Walker removed to McDonough county, Illinois, in 1833, and lived there until his death. He never moved to Iowa, but he practiced tliere for several years. The partiality of Judge Douglas against him, as he believed, was the cause of his going to Iowa, and his large practice retained him there for several years.

"Mr. Walker, as you truly say, had no taste for oflice. He served two terms in the Kentucky legislature during the great excitement between the "old court" and " new court," because he was the most popular man on the old court side in the county, and was forced by his friends in the contest to their ticket, and carried the county by a majority of 222, wlien no other man on his side could have carried it.

"After the formation of congressional districts in Illinois, based on the census 1840, the JoDaviess district was largely Whig with the Mormon vote, but a debatable district, the Mormon vote going to the Democrats, Nearly all the counties in the district had Whigs who wanted to be candidates, but they were willing to give way to Mr. Walker, if he would only consent to be a candidate. Walker was then in Iowa, attending the courts, the last one being in Lee county, lasting several weeks. lie stopped with me. His trunk was full of letters from all parts of the district, ui'ging him to allow the use of his name for Congress. Amongst the letters were, at least two, from Joe Smith, and several from George Miller, then Mormon Bishop, but who had formerly lived at Macomb, and was, while there, a brother elder in the Presbyterian church with Mr. Walker. All these letters urged Mr. Walker to be a candidate to save the district for the AVhigs. Smith, in his letters, pledged the Mormon vote to Walker, if he would allow his name to be used, but would not agree to vote for any other W^hig. Mr. Walker had steadily refused to be a candidate, until he felt that his duty to the noble Whig party required him to make the sacrifice ; but when he entered into the contest, he was terribly in earnest and went into the fight with a will. Alexander Sympson, one of God's people, and myself were to watch the movements at Nauvoo. It was well understooci by Walker and his friends, that the Democracy would not giveup the Mormon vote without a great effort. One of the Backinstose's was sherifl", and the other clerk of the Hancock Circuit Court, and Douglas was a candidate for Congress in the Adams district. I supposed, and I became satisfied, that things were not working well in ISTauvoo, and went down to War?aw to meet Mr. Walker, who was there holding a joint discussion with his opponent, Hoge. That night Mr. Walker went up to -Nauvoo. The next morniug he called on Joe Smith, and told him that he released him from all the pledges made to give him the Mormon vote, but in turn asked honest dealing, telling Smith that if it was necessary for their (the Mormons) safety from arrest by the State authorities that he should vote for Iloge, that he would tell him so, and in that event he would at once go to Galena, and spend the balance of time before the election in the northern part of the district. Joe said, with great vehemence : " I promised you the s.upport of this church, and you shall have it. You stay here and u - 20 meet Iloge on Thursday." Mr. Walker was worn out in the canvass, and not well, and he stopped with Joe. The joint discussion bet»\'een the candidates took place, and everything indicated that AValker would get the united vote ot the church. On Saturday the voters of the church, in city and count}^, were called together in the grove near the temple, where Hjrum Smith made a speech of about one hour, urging the voters to vote for Iloge. It was a regular Democratic speech, and appeared to have no influence. He was followed by Wilson Law in a bold, telling. Whig speech in favor of Walker, and from the commencement until the end, he was cheered by the entire Mormon audience, At the close of the speech. Ilyrum arose black and furious, stretching himself to his full height, and exteudiug his arm its full length, said : 'Thus saith the Lord, if this people vote against Iloge for Congress on Monday, a greater curse would befall them than befell them in Missouri. AVhen God speaks, let men obey,' and immediately left the stand ; and the whole audience dispersed in silence. When Walker heard of Ilyrum's speech he was indignant, and was for leaving Joe's house, but Joe stopped him, professing to be furiously mad at Ilyrum, saying that he would himself make a speech to the people on Sunday morning, and he again repealed the pledge that Mr. Walker should have the Mormon vote. The next morning Joe did speak to the people just one hour, and no hour's speech ever had closer attention. In that speech Joe passed the highest eulogy on Walker that I ever heard from man. He denounced politicians - declaring that Walker was not a politician, but an honest and a true man, that had been forced to be a candidate against his will. He denounced in the most bitter terms any member of the church who would consult the Lord about who they should vote for, and declared that if any one should do it, he should be cut off from salvation, said that he Avould vote for his friend Cyrus AValker, and commanded all to vote for the man of their choice without reference to what anv one said; but in his hour's praise of Walker, and denunciation ot any one that would consult the Lord about who they should vote for, he said : 'Brother Hyrum is the elder brother;' 'Brother Ilyrum never has deceived his people ;' 'Brother Hyrum loves this people ;' 'When the Lord commands, the people must obey,' etc. The next day Joe did vote for Walker, and the balance of the Mormons voted for Iloge and elected him as the Lord had comnianded.

"Joe's whole object, from the commencement, was to force Governor Ford to give an unconditional pledgee that no more writs should be issued against him and other Mormons on requisition from the Governor of Missouri on the old Missouri indictments ; and he succeeded. At least, such a paper was brought to him, Saturday night aboutone in the morning. Ford, I believe, denied that he signed such a paper. The parties engaged in securing the pledge were not particular how they got it, and may have forced it, oi^ Ford mav have been in a muddled condition when he signed the paper. The election of Hoge and Douglas depended on getting the pledge. They made three trips to Springfield before they got the pledge that satisfied Joe, and as soon as he was satisfied he at once sent messages to the commanding and faithful to support Douglas. They did support and elect him.

"This is the real history of that campaign, so far as Mr. AValker was concerned. It was to him a campaign of mortification from the start. He was forced into it contrary to his wishes, and forced into it largely to get the Mormon votes; but after entering the contest he was denounced by Whigs all over the district for trying to get the Mormon, and really lost more "Whig votes in the district than would have elected him, simply because it was supposed that he could get the Mormon vote.

"Cyrus was the oldest of a large family, and contributed largely to the education of his brothers and sisters, and to starting them in business. Probably no man ever gave a larger share of his earnings than did Cyrus Walker to the education of his brothers, sisters and relations, to the church to which he belonged, and to benevolent purposes; besides the freeing of his slaves, which were twice as much in value at the time as all his other property amounted to."

O. H. Browning, Ex-Sectetary of the Interior, and Ex-United Senator. Archibald AYilliams, the leader of the Republican party in the old 5th Congressional District, of which McDonough county formed a part, J. P. M. Buchanan, an able man, himself his worst enemy, W. C. GouHy, S. Corning Judd, W. H. Manier, B. T. Schofield, T. Lyle Dicky, present Judge of the Supreme Court, and others, have had a good practice in this county.

The Present Bar. - T\\Q present resident representatives of the liar are no less able than those preceding them at any time in the history of the county. Among the number are several who en- joy a very large and lucrative practice, not only in our own court, but in the United States District Court, and in the Supreme Court of the State. As we give a list of attorneys in the business directory of the various towns, it is unnecessary to repeat in this connection.