McLean County, Illinois - Chapter 20: Mclean County Bar, 1924

Day Lawyers

Special distinction attaches to the organization of the McLean County bar, for its membership has included scores of men who attained local, state or national eminence in their profession, or in its ally, statesmanship. The bar of the county as a whole has always borne a reputation for high ideals of professional action.

In the realm of public affairs, the bar of McLean County has given to the state and nation a vice-president, a president of the U. S. Senate pro tern, a United States Senator, a justice of the Supreme Court, a United States minister plenipotentiary, a member of the interstate commerce commission, an assistant postmaster-general, seven members of Congress, a judge of the United States court of claims, a federal district judge, two governors of Illinois, a secretary of state of Illinois, a judge and two reporters of the Supreme Court of Illinois, a chairman of the State Board of Pardons, two state railroad and warehouse commissioners, a penitentiary commissioner and many men who attained exalted military rank in the service of their country.

The bar of this county included graduates from many of the principal universities and law schools of the United States, including Harvard, Michigan, and Chicago and Illinoiss Universities. The Bloomington Law School, an adjunct of the Wesleyan University, has turned out many able and well-qualified attorneys of late years.

A large and comprehensive law library is maintained by the bar association, with a large room in the court house set aside for its accommodation. In the great fire of June 19, 1900, this library was practically a total loss, the monetary damage being placed at $40,000. Nevertheless, it was reorganized and incorporated and a new stock of law books purchased. Its shelves are now a treasure house of legal citations, and are much consulted by the members of the bar.

No summary of the history of the bar of McLean County could claim to be complete without having mentioned the fact that Abraham Lincoln, the great American President and martyr, once practiced in the courts of this county, as well as those of the other counties of the old Eighth Judicial Circuit. Long before Lincoln was known to national fame, he rode the circuit with David Davis, Lawrence Weldon, Leonard Swett, and other lawyers of that day, going from county seat to county seat as the terms of court were held. He used to put up at the hotels or taverns of the town at that time and was a welcome companion in many a social circle in the interims of court. The home of Mrs. Judith Bradner, which long stood at the corner of Jefferson and West Streets, had entertained him on several occasions of a social nature, and Mrs. Bradner during her later life used to relate circumstances of his actions and appearance in those years. The late Stephen Smith, a well-known merchant of Bloomington, just after the Civil War, was an intimate friend of Lincoln, and Mrs. Smith traveled on the train with him when he went to Washington to be inaugurated. Letitia Green Stevenson Chapter of the D. A. R. erected, in 1922, a granite marker with a bronze tablet upon it in the court house yard in Bloomington to commemorate the fact that Abraham Lincoln often traveled this way on his professional journeys as a lawyer.

The highest national office to which any citizen of McLean County was elected was that of vice-president of the United States, which was filled from 1893 to 1897, inclusive, by Adlai Ewing Stevenson. Mr. Stevenson also occupied several other offices of importance, both elective and appointive, during his long and honorable career at the bar of his adopted city and state. Mr. Stevenson was born in Christian County, Kentucky, Oct. 23, 1835, the son of John T. and Eliza (Ewing) Stevenson, and removed with his parents to Bloomington in 1852. He attended Wesleyan University and also Centre College, in Kentucky, studied law and was admitted to the bar in Illinois in 1858, locating for practice first at Meta- mora, Woodford County. For ten years he continued at this place, occupied in succession the positions of master in chancery and state's attorney. In 1868 he returned to Bloomington, and for many years was in partnership in law practice with James S. Ewing, his cousin, whom afterward he had appointed U. S. minister to Belgium. In 1864, Mr. Stevenson had been candidate for presidential elector on the Democratic ticket, and was delegate to his party's national conventions in 1884 and 1892, serving as chairman of the Illinois delegation in the latter year. He was elected to congress two terms, serving with distinction, from 1875 to 1877 and from 1879 to 1881. In 1877 he was appointed by President Hayes as a member of the board of visitors for West Point. Under the first administration of President Cleveland, Mr. Stevenson was appointed first assistant postmaster general, serving from 1885 to 1889. In 1892 he was nominated by the Democratic convention for vice-president, being elected with Cleveland in the latter's second term. He served with great distinction for the four years, and on his retirement was presented with a very handsome silver service by members of the Senate for his unfailing courtesy and fairness in presiding over the deliberations of that body. In 1897 Mr. Stevenson was appointed by President McKinley as member of the bi-metalic monetary conference, authorized by act of Congress, and he attended the sessions of the conference held in England, France, Italy and Belgium. In 1900 Mr. Stevenson was again nominated for vicepresident, this time on the ticket headed by William Jennings Bryan, but the election in November failed to give the ticket a majority, and Mr. Stevenson again resumed his law practice in his home city. Shortly after this he wrote a book entitled, "Some of the Men That I Have Known," a very readable and popular publication of personal reminiscences. In 1908, Mr. Stevenson was nominated on the Democratic ticket for governor, opposed to Gov. Charles S. Deneen. He ran nearly 200,000 ahead of his ticket and came within a few thousand votes of being elected on the face of the returns. In fact, his friends always contended that he was elected, but they were unable to secure a recount from a Republican assembly.

Mr. Stevenson was married to Miss Letitia Green at Chenoa on Dec. 20, 1866. They were the parents of four children: Lewis, Mary (now deceased), Julia and Letitia. Mr. Stevenson was prominent in many Bloomington business enterprises, being president of the McLean County Coal Company for 20 years, director of the People's Bank, and interested in other commercial matters. Mr. Stevenson died on June 14, 1914, and his wife preceded him on Dec. 25, 1913. The son, Lewis G. Stevenson, served as Secretary of State of Illinois, 1914-16. Julia Stevenson became Mrs. Martin D. Hardin, wife of Rev. Mr. Hardin, now of Ithaca, N. Y.

Mr. Stevenson lived his later years quietly at his home in Bloomington, honored, respected and beloved by the whole community and a large circle of friends elsewhere to whom he had endeared himself during his long life of kindness and good deeds. He stood out as the most distinguished citizen of Bloomington and McLean County, and lived long to enjoy his merited honors. As an evidence of his high standing in the community, there was placed in the art room at the public library in Bloomington soon after his death a life-sized portrait of him by a famous artist. This picture was secured by a popular subscription, to which people in all walks of life contributed. It remains as a lasting community memorial to Mr. Stevenson.

Three generations of the David Davis family have had much to do with the settlement and upbuilding of McLean County. The first two generations have passed away, and now the third generation is in the active years of life, while the fourth generation is represented by young people just coming onto the stage of action.

David Davis, the elder, was born in Cecil County, Md., on March 9, 1815. He was educated at Kenyon College, at Gambier, Ohio, then a noted school, where some of his college mates were Edwin M. Stanton, Stanley Matthews, Rutherford B. Hayes, Henry Winter Davis and others who afterward gained fame in public life. Graduating from college in 1832, young Davis studied law at Lenox, Mass., with Judge Bishop and then at the New Haven law school. In the fall of 1835 he came west, locating at Pekin, and then after one year removing to Bloomington. He succeeded to the law business of Jesse W. Fell, who was beginning to give his whole time to real estate transactions. On Oct. 30, 1838, Judge Davis married Sarah Walker, daughter of Judge Walker, at Lenox, Mass. In 1840, Judge Davis was Whig candidate for state senator against Governor Moore, but the latter succeeded. In 1844 he was elected to the lower house of the Legislature, serving one term and declining re-election. In 1847 he was chosen delegate to the constitutional convention and helped frame the new basic law which was adopted by the people. In 1848 he was elected without opposition as judge of the Eighth Judicial Circuit, embracing fourteen counties. Judge Davis was a model of the upright jurist, being prone to administer the equity of the case in all instances. He was just, considerate and deeply learned in the law. In the Eighth Judicial Circuit at that time were some of the most distinguished lawyers and judges of the Illinois bar of those times. Judge Logan was the leader of the bar, and among the other distinguished names were Abraham Lincoln, Stuart, Baker, Linder, Gridley, Judge 0. L. Davis, Judge Thornton, 0. B. Ficklin, Judge Emerson, C. H. Moore, Judge Benedict, Judge Parks, Judge Edwards and others. Lincoln and Judge Davis were very often companions as they rode from county to county of the circuit.

Naturally this close association between these men led Judge Davis to come to the front at an early date and propose the name of Abraham Lincoln for president of the United States. After "Lincoln's nomination and election, Jesse W. Fell, who had been credited with having first proposed Lincoln, wrote a letter, in which he said: "To Judge Davis, more than any other man, living or dead, is the American people indebted for this extraordinary piece of good fortune, the nomination and election of that man who combined in his person in so high a degree the elements necessary for a successful administration of the government through the late most critical period of our national history."

In 1862, Judge Davis was appointed by President Lincoln as one of the associate justices of the Supreme Court of the United States. This appointment was made without solicitation on the part of Judge Davis. This gave him a wider field for his eminent legal talent, and his work on the bench here included some decisions which attracted more attention than any others since the time of Justice Taney. He laid down fundamental principles of constitutional law which served as landmarks if. many years.

Judge Davis resigned his high judicial position in 1877 to become United States Senator from Illinois in succession to John A. Logan after the latter's first term. Senator Davis served in that position with sucl distinction that on Oct. 13, 1881, he was elected president pro tern of thi senate, after Vice-President Chester A. Arthur had succeeded to the presidency of the United States on the death of President Garfield. Senator Davis served out his term as acting vice-president. He then returned to Bloomington and died on June 26, 1886.

How near to becoming president of the United States Judge Davis approached, is shown by a glance at the history of the campaign of 1872. Judge Davis was then on the supreme bench. The liberal Republicans held a convention in Cincinnati to consider a nominee for the presidency to oppose President Grant. There were five names prominently before the convention, of which Judge Davis was pre-eminent, the others being Gov. B. Gratz Brown, Lyman Trumbull, Charles Francis Adams, and Horace Greeley. It was generally conceded that if Judge Davis were nominated he would have been endorsed by the Democratic convention and this would have meant his election. But a series of deals in the Cincinnati convention resulted in the nomination of Horace Greeley, who was defeated at the election. Prior to the meeting of the Cincinnati convention, when the name of Davis was being boosted for the nomination, plans were made for a special train bearing McLean County men to go over and attend the meeting. There were 500 men with a band, and the delegation made a great impression on the convention as showing the popularity of Judge Davis in his own home and state. Good judges of political events have said that if he had been nominated there is little doubt he would have been elected.

Judge Davis was an excellent judge of real estate, and to his prescience in this line it was due the foundation of his fortune. He made excellent investments in Chicago, and also acquired many thousands of acres of farm land in McLean and adjoining counties, as well as Bloomington city property. His liberality and public spirit were many times manifested. He gave 40 acres of land to secure the location of the State Normal University and 60 acres to locate the Soldiers' Orphans' Home in Normal. When the Alton shops were burned in 1869, Judge Davis in Chicago learned of a move to remove the plant to another city, and his activity in a great measure prevented this and saved the great industry for Bloomington.

Jesse W. Fell was the first lawyer to make his home in McLean County. He was born in Chester County, Pa., in 1808, and came to Bloomington in 1832. He had been admitted to the bar in Ohio, and was later admitted in Illinois, but retired from active practice in 1844. He served as school commissioner of McLean County and was paymaster in the U. S. army in the Civil War. As recounted elsewhere, he was influential in founding

Welcome P. Brown was an early lawyer of prominence, coming to the county in 1835. He served as probate judge and also police magistrate. In 1842 he removed to Woodford County, where he served as county judge. Later he moved to Kansas and died in Colorado.

Colton Wells came to the county in 1837 and was admitted to the bar in 1842; was probate judge, 1839-43; removed to St. Louis, where he died in 1849.

Gen. Asahel Gridley was a lawyer in addition to his other activities. He was born in Cazenovia, N. Y., in 1810 and came to Bloomington in 1831. He served as an officer of militia in the Black Hawk War; was elected to the Legislature in the 12th, 17th and 18th assemblies ; engaged in banking and other commercial enterprises. Died Jan. 20, 1881.

Judge John M. Scott was admitted to the bar in St. Clair County in 1847 and came to McLain County the next year. He served as city attorney of Bloomington and circuit judge 1862-70. He served as justice of the Supreme Court of Illinois 1870-88. He died Jan. 21, 1898.

Gen. William W. Orme came to Bloomington in 1850 and was admitted to the bar two years later. Was master in chancery and delegate to the constitutional convention 1862. Was colonel of the 94th Illinois in 1862, later promoted to Brigadier General. Died in 1866.

Leonard Swett was born in Maine in 1825; came to this county in 1853 and began practice. Served one term in Legislature 1858. He was a close friend of A. Lincoln. He removed to Chicago in 1865 and died there, having retired in 1889.

Thomas F. Tipton, a native of Franklin County, Ohio, came to McLean County in 1844 and began practice in 1854. Served as state's attorney for Eighth Circuit 1867-8; circuit judge 1870-76; was elected to Congress in latter year. Served as circuit judge 1891-97. Died in 1904.

Owen T. Reeves, born in Ohio 1829; graduated Ohio Wesleyan 1850; removed to Bloomington 1854 and began practice; elected circuit judge 1877-91. Was member appellate court last three years. In Civil War served colonel of 100-day emergency regiment. Was one of founders of

Reuben M. Benjamin born at Chatham Center, N. Y., 1833; graduated at Amherst; admitted to bar in Bloomington in 1856 on certificate from Abraham Lincoln. He was a prominent member of the constitutional convention of 1870. Served as county judge 1873-86. Was author of several books on law, and taught for many years in Wesleyan Law School.

Ezra M. Prince, native of Maine, located in McLean County in 1856. He served as master in chancery and taught in Wesleyan Law School. Was secretary of McLean County Historical Society from its organization until his death, and was author of many local historical papers.

Ward H. Lamon was one of the prominent early lawyers of the county. A native of West Virvinia, he came here in 1857, having previously practiced in Danville, where he was associated with A. Lincoln. Served as states attorney for the old eighth district. After Lincoln's election, he appointed Lamon marshal for the District of Columbia. For a short time during his residence in Washington he served as colonel of a regiment of volunteers. He died in 1893.

James S. Ewing came to Bloomington in 1840; in 1859 was admitted to the bar of Illinois and practiced law continuously up to the time of his death, except the year when he was U. S. minister to Belgium during the presidency of Grover Cleveland. He lived for many years in the fine brick house at Mulberry and East Streets, which after his death was sold to become the site of the Consistory Temple.

Jonathan H. Rowell was born at Haverhill, N. H., in 1833; came to McLean County in 1849 ; graduated from law department of Chicago University in 1865. Had taught in Eureka College prior to the Civil War and during that struggle served as captain in Company G, 17th Illinois. After the war was chosen master in chancery and states attorney. Served four terms in Congress, 1882-90. He died in 1904.

John McNulta came to McLean County in 1859; served in Civil War from private to colonel of 94th Illinois. Was elected state senator in 1868 and to Congress in 1872. During his latter years he spent much time as receiver of railroads, one of them being the Wabash. He removed to Chicago in 1895 and died there in 1900.

George P. Davis, son of Judge David Davis, born in 1842, was admitted to practice in 1867, but retired from active practice in 1870, devoting himself to his banking and farm interests. He served as president of the McLean County Historical Society several years prior to his death.

Lawrence Weldon, born in Ohio in 1829, came to Illinois in 1854 and practiced in DeWitt County for several years. Was elected to Legislature and chosen as elector on Republican ticket 1860. He was named by President Lincoln as district attorney for southern Illinois, serving till 1866, when he removed to Bloomington. In 1883 he was appointed justice of the U. S. Court of Claims and served in that capacity in Washington till his death in 1905.

Leonidas H. Kerrick, an extensive farmer, was also a lawyer, practicing for five years, 1865-70. Served one term in Legislature and several terms as trustee of the University of Illinois. Was president of the board at his death in 1907.

John M. Hamilton, born in Ohio, came to McLean County in 1869 and began practice in 1870. In 1876 was elected state senator and in 1880 lieutenant-governor. In 1883 he succeeded to the office of governor when Governor Cullom was chosen U. S. Senator. On retirement from governorship in 1885 he removed to Chicago, where he died in 1908.

Joseph Wilson Fifer, born in Virginia in 1840, came to McLean County as a boy. Served as private in 33d Illinois through the Civil War ; was badly wounded. In 1868 graduated from Wesleyan University and Law School. Served as city and state's attorney and was member of state senate 1880-84. In 1888 he was elected governor of Illinois and served four years. He was member of the Interstate Commerce Commission in Washington 1899-06. He served as member of state constitutional convention 1920 and is in active practice of his profession (1923).

Colostin B. Myers was admitted to the bar in Michigan, 1874, began practice of law in this county same year. Was city attorney and state senator one term, 1888-92. Was county judge for 12 years and for 18 years served as circuit judge. He served on the appellate bench and was mentioned for justice of the Supreme Court and he received a large vote in convention. He died Jan. 12, 1920.

Thomas C. Kerrick came to McLean County in 1868 and practiced many years. He served as city attorney and was state senator one term, 1888. He was one of the delegates to the constitutional convention, 1920. Is still in active practice.

James S. Neville began practice in 1881. He served as alderman and mayor of Bloomington and died while occupying the latter office in 1906. For several years he served as member of the state warehouse and railroad commissioner.

John A. Sterling was admitted in 1885 ; elected state's attorney in 1892, and served four terms. In 1902 he was elected to Congress and reelected for each succeeding two-year term except in the Sixty-third Congress. He met accidental death on Oct. 17, 1918, when an automobile in which he was riding was overturned on a road near Pontiac.

Alfred Sample was judge of the Eleventh Circuit for many years until his death. Practiced in Ford County, served as city attorney of Paxton; as presidential elector for Garfield, 1880.

Charles Laban Capen came to McLean County in 1857; began practice in 1871 ; served as president of State Bar Association ; now and for many years dean of the Wesleyan Law School; served many years on the state board of education, in management of the Illinois State Normal University.

John E. Pollock was admitted to the bar in Ohio and Virginia, and came to this county in 1866. Served as master in chancery and also was on the state board for management of penitentiaries.

Two lawyers who practiced outside the county seat and yet who made their mark in their profession during their lives were Wesley M. and Leslie J. Owen, both of Leroy. They were native sons of McLean County, being born at Covell, their parents being Martin J. and Sarah Hopkins Owen. Leslie taught school when a young man, worked as railway mail clerk, and then graduated at Wesleyan Law School. Mr. Owen practiced very successfully in partnership with his twin brother, Wesley, for many years at Leroy, and after the latter's death Leslie continued until his own tragic death. He was killed by being hit by an automobile near the Big Four station in Bloomington on the morning of Nov. 12, 1922. Wesley

M. Owen also taught school when a young man, and then attended Wesleyan Law School, graduating in 1894. Establishing in practice at Leroy with his brother, he took part in politics and in 1900 was elected to the Legislature. He served with distinction. In 1910 he was appointed by President Roosevelt as judge of the Panama Canal zone, which office he filled with great ability for several years. On retirement he resumed, practice until his death on Oct. 16, 1917.

Erskine M. Hamilton was admitted to practice in McLean County in 1871 ; had served in 84th Ohio in Civil War, and afterward was city attorney of Steubenville, Ohio; acted as pension atorney in Bloomington for many years. Died about ten years ago.

Darius H. Pingrey began service here in 1877; taught in Wesleyan Law School; was author of several legal text-books, including one on international law.

Sain Welty, after graduating from Yale Law School at the head of his class in 1883, came to Bloomington and formed a partnership with John A. Sterling in 1884. He served as city attorney and as master in chancery. In 1915 he was elected circuit judge and filled the position with distinction until his death in April, 1920.

Judge Edward Barry, the sitting jurist of this judicial district, was admitted to the bar in 1887, and for years practiced in partnership with Joseph F. Fifer and later with John J. Morrissey. He was elected judge without opposition at a special election after the death of Judge Welty in 1920, and in June, 1921, was elected for a full term.

Robert E. Williams was one of the eminent members of the bar in the earlier days. Born in Pennsylvania, he lived in Texas for some years after being admitted to the bar. He came to McLean County in 1856 and remained here until his death in 1899. He attained more than ordinary local prominence as a lawyer. In 1868 he was nominated by the Democratic party as candidate for attorney-general of Illinois, but he with his party met defeat, after an able campaign.

It is impossible to give sketches of all the lawyers of other years who practiced with ability and success in McLean County, and who adorned the bar by their lives. A mere list of some of their names will bring to mind of the older citizens, men who served their day and generation well. Following is a fairly complete list of the names:

Following are the present (1923) members of the McLean County bar, who are in active practice, together with the year in which each began his practice: John Alexander, 1902; William R. Bach, 1894; William