Stark County, Illinois - Chapter 13: The Bexcit and Rak, 1916

Chapter 13: The Bexcit and Rak

Ill the very dawn of civilization the legishitor and the lawyer made their appearance and imieh of the history of every civilized country or coniiiiunity centers about the law s and the manner in which they are enforced. "To establish justice" was written into the Federal C'cnstitution by the founders of the American Republic as one of the j)rimary and jKiramount purposes of government. The founders of that republic also showed their wisdom in separatino- the functions of the g()vernment into three departments - the legislative, the executive and the judicial - the first to enact, the second to execute, and the third to interpret the nation's laws. States have copied this system, so that in every state there are a Legislature to i)ass laws, a sui)reme and subordinate courts to interpret them and a governor as the chief executive otficer to see that they are fairly and impartially enforced.

The law is a jealous profession. It demands of the judge on the bench and the attorney at the bar alike a careful, conscientious effort to secure the administration of justice - "speedy and substantial, efficient, equitable and economical." Within recent years there have been some rather caustic criticisms of the courts for their delays, and a great deal has been said in the columns of the public press about the need of "judicial rel'orm." Concerning the tendency to criticize the courts, one of the justices of the Ohio Supreme Court recently said:

"A reasonable amount of criticism is good for a public otficer - even a judge. It keeps reminding him that, after all. he is only a public servant; that he must give an account of his stewardshi]), as to his efficiency, the same as any other servant ; that the same tests applied to private servants in private husiness should he applied to public servants in public business, whether executives, legislators or judges - at least that is the public view. \V()uld it not be more wholesome if more public officers, especially judges, took the same view?"

Perhaps some of the criticisms have been made for good cause, but unfortunately many have condemned the entire judiciary system because some judge has failed to measiu-e up to the proper standard, and the entire legal profession has been denounced as one of trickery because some lawyer has adopted the tactics of the pettifogger. It sh.ould not be forgotten, in exercising the right of free press or free speech, that some of the greatest men in our national history were lawyers. John Marshall, one of the early chief justices of the United States Supreme Court, was a man whose memory is revered by the American people and his legal oj^inions are still quoted with confidence and respect by his profession. Thomas Jefferson, Robert R. Livingston and James JNIonroe, who negotiated the Louisiana Purchase and gave to their country an empire in extent, were all laAvyers. Daniel Webster, Heiuy Clay, Salmon P. Chase, Stephen A. Douglas, Thomas M. Cooley and a host of other eminent Americans wrote th.eir names permanently upon history's pages through their knowledge and interpretation of the laws, and all were men whose jjatriotism and love of justice were unquestioned. And last, but not least, was Abraham Lincoln, self-educated and self-reliant, whose consummate tact and statesmanship saved the Union from disruption.

The Circuit Court

The first session of the Stark County Circuit Court was held at the house of William H. Henderson, about one mile south of the jjresent county seat, lieginning on October 11. 18.39. Judge Thomas Ford presided, Augustus A. Dunn was sheriff, John W. Henderson, who was not quite twenty-one years of age, was appointed clerk for the occasion, and Xorman J. Purple appeared as state's attorney. In anticipation of the session, the county commissioners, on June .j, 1839. had selected the following citizens to serve as grand jurors: ^l. G. Brace, Asa Currier, Henry Seely, Joseph Avery, INIoses Boardman, Henry Breese, Samuel Love, Samuel Seely, Nero Mounts, IIo\\ar(l Ogle, John Finley, William Porter, Sumner Shaw, Nehemiah Wycoff, Luther Driscoll, Conrad Emery, John Hester. David Simmerman. Nathaniel Swarts, Israel Dawson, Adam Day, Adam Perry and AN'illiam jNIahanev.

From each of these lists were to be selected "twelve good men and true," to perform the duties of jui-ors as re(|uiied l)y law. Some of those summoned as grand jurors i'ailed to appear and the court ordered the sheriff to summon two others from the l)ystanders. James :McClenahan and ^^'illiam \V. Drmumond were chosen, Luther DriscoU was appointed foreman, and the grand jury retired to a corn crib to hear and determine such business as might come before it. Gen. Thomas J. Henderson, in an address before the Old Settlers' Association some years afterward, said:

'T can hardly remember where these juries met, but think one of them at least occupied a log crib or stable belonging to my father: however, I do well recall that the first lessons in jin-ispiudence which I received were taken in a board loft, looking down thn)ugh the cracks, u])on that most dignified tribunal, the first Circuit Court of Stark County."

.fudae Thomas Ford, who i)resided at that term of court, was born in the State of Pennsylvania in the year 1800. When but four years old he was taken by his widowed mother to Missouri, where the family lived but a short time, when they removed to Illinois. He was given a good education, studied law, and before being elevated to the bench served as state's attorney. Mrs. Shallenberger describes hi)n as "a man thoroughly resi)ected by all classes of the community, both for the evenhanded justice he dispensed from the bench and the staijiless integrity that ever characterized him as a politician." Under the constitution of 1818. the Legislature appointed the judges of the circuit courts, conseciuently Judge Foi-d held his office by legislative a])pointment. After serving on the bench until August, 1842, he resigned to l)ecome a candidate for governor of Illinois, having been nominated for that high office l)y the democratic party. He was elected governor in the fall of that year and at the conclusion of his term devoted some time to writing a history of the state, which was published in 184.7. His death occiu-red in 18.50.

Circuit, ol' which Stark County formed a part. The circuit, at the time of Ju(l<j;c Caton's a])])oiiitmciit, was composed of the counties of Peoria, Marshall, Putnam, La Salle, Kendall, De Kalh, Kane, O^le, Bureau and Stai'k, a territory of over five thousand square miles. Judge Caton was a man of fair legal attainments, though it has been said that "his strict adherence to the dogmas of the democratic jjarty sometimes blinded his sense of justice. One of the duties of the circuit jutlge of that ^Jcriod was the ajjpointment of a clerk ui' the Circuit Court. In Stark Count}' there arose a spirited contest between John W. Henderson and Oliver Whitaker for the office. The latter, being a democrat, received the appointment, which caused Judge Caton to be criticized by some of Henderson's friends, though after the clerk's office was made elective, JMr. Whitaker was chosen by the people and held the jjosition for several years.

Following Judge Caton came Judge Koerner, who remained on the bench until the adoption of the constitution of 1848, by which the cii-cuit judges were made elective by the people. Under the new constitution Stark County was placed in the Xinth Judicial Circuit, of ^\hich T. L. Dickey, of Peoria, was elected judge. He was a lawyer of more than ordinary ability, a good judge, and many regretted the change which placed Stark Comity in the Tenth Circuit, throwing Judge Dickey into another district.

H. M. Wead was elected the first judge of the Tenth Circuit, but for some reason failed to (|ualify and William Kellogg was appointed to the vacancy. Judge Kellogg was one of the leading lawyers of this section of the state prior to his elevation to the bench. In 18.50 he was elected for a second term and served until another change in the judicial districts placed Stark County in the Sixteenth Circuit in 1853. After retiring from the bench Judge Kellogg was elected to Congress. He then resumed the practice of law in Peoria, where he died some years later.

Onslow Peters was elected judge of the Sixteenth Circuit in March, 18.53. He was a native of INIassachusetts, studied law in his native state, came to Peoria, Avhere he built up a lucrative practice and won the reputation of being an able and successful attorney. He was a lawyer of the old school, scholarly, courteous and dignified, and well liked by everybody with whom he came in contact. His death occurred at Washington, D. C, in February. 1850.

In April, 18.5(5, following the death of Judge Peters, Jacob Gale was elected judge of the Sixteenth Circuit, but, like Judge Wead, he declined to serve. Elihu N. Powell was ajipointed and at the expira- tion of the tei'iu lie was elected to the office and eontiimed on the l)eiich until 18(J1. Before becoming jud<>e he was engaged in the practice of law at Peoria, and upon retiring from the office resumed his practice in that city. He died there on July 1.3, 1871.

Amos L. JMerriman was elected circuit judge in 1861, defeating Judge Powell. Prior to that time he had been associated with his brother, H. O. Merriman, in the practice of law at Peoria and the firm of jMerriman & IMerriman had an enviable reputation throughout a large jjortion of the Illinois Valley. He resigned in 18(53, a short time before the expiration of the term for which he was elected, and removed to Washington, D. C.

In Xovember, 1863, JMarion \\'^illiamson was elected circuit judge, his opponent having been iNIartin Shallenberger, of Stark County. Judge ^Villiamson was a native of Adams County, Ohio, but came to Peoria soon after his admission to the bar and rose rapidly in his profession. He continued on the bench until 1867 and his decisions were noted for their simplicity of language and clear statements of the law. His death occurred at Peoria in 1868.

Sabin D. Puterliaugh was elected in 1867 to succeed Judge Williamson and continued on the bench until the adoption of the new State Constitution of 1870. He was the author of a w-ork on "Pleading and Practice," \\ hich has been widely used in the courts of Illinois and is recognized as an authority on those branches of law.

Article VI, section 13, of the Constitution of 1870, provides that "The state, exclusive of Cook County and other counties bavin"- a population of 100,000, shall be divided into judicial circuits, prior to the expiration of the terms of office of the present judges of the circuit courts. Such circuits shall be formed of contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to business, territory and population, atid shall not exceed in number one circuit for every 100.000 population in the state."

It was also provided in the constitution that the first election of judges under the new regime should occur on "'the first JNIonday in June, 1873, and each six years thereafter."

Pm-suant to these constitutional provisions, the General Assembly passed an act. a]>proved March '28, 1873, dividing the state into judicial districts, the counties of Peoria and Stark constituting the Ninth Circuit. At the election on the first Monday in June, 1873, Sal)in D. Puterbaugh, John Eurns and Joseph W. Cochran were elected judges, each district being entitled to three. Judge Pviter-

Uavid jNlcCiilloch succeeded Juilge Cochran in aVugust, 1877, and in 1870 the judges elected were John Burns, David ^McCulloch and JNIilton ^1. Laws. In the meantime a change had been made in the circuit, the counties of Putnam, jNlaishall, ^Voodford, Tazewell, Peoria and Stark constituting the Eighth Judicial Circuit under the provisions of the act of June 2, 1877.

In 1885 there was a complete change in the judges of the Eighth Circuit, Thomas M. Shaw, Nathan W. Green and Samuel S. Page being elected. Judge Page retired and on April 5, 1890, L. W. James was appointed to fill out the unexpired term. The judges elected in 1891 were: Nathan W. Green, Thomas ]M. Shaw and Nicholas E. Worthington.

Another change in the judicial districts was made by the act of April 23. 1897, whicli placed the counties of Peoria. ^Nlarslial!. Putnam, Stark and Tazewell in the Tenth Circuit, Woodford County being added to the Eleventh. Under the new law the following judges were elected for the Tenth Circuit on the first INIonday in June, 1897: Tliomas JNI. Shaw, of Lacon; Leslie D. Puterbaugh and Nicholas E. AVorthington, of Peoria. Judge Shaw dieil before the expiration of liis term ami on September 3, 1901, Theodore N. Green, of Peoria, was elected at a special election to the vacancy. All three of these judges - Puterbaugh, Green and Worthington - were reelected in 1903 and again in 1909.

Judge Puterbaugh resigned in October, 1913, to become a candidate for judge of the Supreme Court of Illinois, and John INI. Niehaus was elected for the remainder of the term. In June, 1915, the present judges of the Circuit Court - John INI. Niehaus, Theodore N. Green and Clyde E. Stone - were elected.

Such in brief has been the history and personnel of the Circuit Court since the organization of Stark County in 1839. And though none of the men who luive presided over the Stark Circuit Court has been a judge of "national re])utation," most of them liave been ca])- able, conscientious judges, discharging their official duties with due regard to the dignity of their office, the riglits of litigants and the general Melfare of the community.

Probate Court

county. John Millev was elected ])rol)ate justice of Stark County on August .5, 18yi>, the tirst man to hold tliat olHeial position in the county. He was succeeded in IHi'ii by Jonathan Hodgson, wiio served until 184.T, when he in turn was succeeded by S. ^\^ J^astnian. 'I'he last probate justice in the county was Harvey J. Kliodes, who was elected in April. 184.9, to fill out the unexpired term of Mr. Eastman. He served but a short time, when the otfiee was abolished by law. The probate justice was not requiied to have a profound knowledge of rhe law, his business, as the name indicates, being mereh^ to act in matters of a probate nature, such as the settlement of estates, etc.

County Court

Article VI, section 18, of the Constitution of 1870, provides that "There shall be elected in and for each countj% one county judge and one clerk of the county court, whose terms of office shall be four years. * * * County courts shall be coiu'ts of record, and shall have original jurisdiction in all matters of probate, settlement of estates of deceased ])ersons. appointment of guardians and conservators, and settlement of their accounts, in all matters pei'taining to apprentices, and in proceedings for the collection of taxes and assessments, and such other jurisdiction as may he provided for by general law."

Prior to the ado})tion of that constitution, however, the office of county judge had been created by the Constitution of 18-18, the county court thus established taking the place of the l)oar(l of county commissioners until the adoi)tion of township organization. The county judges of Stark County, with the year in which each Avas elected, have been as follows: James Holgate, 184-1); David JNlcCance, 18G1 ; Hugh Rhodes, 18().j; W. W. Wright, 1873; ^liles A. Fuller, 1886; W. W. Wright, 1890; Bradford F. Thompson, 1902 (reelected and died in office, Frank Thomas being elected to the vacancy in December, 1912) ; Frank Thomas, 1914.

Staters Attoeney

Before the adoption of the Constitution of 1848 the state's attorney "rode the circuit," practicing in all the counties of the judicial district. The first man to serve in that capacity in Stark County was Xornian H. Purple, Avho was in attendance upon the court at the first session, which was held at the house of Colonel Henderson in October,

1839. JNIr. Purple was distinguished for his legal ability and served as judge of Fulton County from 184.5 to 1849. After that he declined all public honors and devoted his time to his profession. Benjanun F. Fridley, of Ottawa, was the last state's attorney previous to the adoption of a new constitution in 1848. Since that time Stark County has always had a state's attorney of her own, to-wit: Burton C. Cook, 1848; Aaron Tyler, Jr., 18.50; E. G. Johnson, 18.5-2; Alexander iAlcCoy, 1856; Charles P. Taggart, 1864; James H. JNIiller, 1872; Bradford F. Thompson, 1876; John E. Decker, 1884; B. F. Thompson. 1888; J. li. Rennick, 1892; John W. Fling, Jr., 1912.

United .States Coukts

The State of Illinois is divided into three Federal Court districts - the Northern, Southern and Eastern. The Southern District is subdivided into two divisions. The northern division is composed of the counties of Bureau, Fulton, Henderson, Henry, Knox, Livingston, ]\IcDonough, INIarshall, JNIercer, Putnam, Peoria, Rock Island, Stark, Tazewell, Warren and Woodford. Two terms of the United States District Covu't are held in this division annually, beginning on tlie third JMonday in April and October at Peoria.

The Bak

In early days it was the exception rather than the rule for a lawyer to have a nicely furnished office and an extensive library. Litigants Mere somewhat scarce, large fees were seldom charged or collected for legal services, and about all the lawyer in a young and growing community could do was "to hang on and hope for lietter times." The judicial circuit generally comprised several counties and as the judge rode from one county seat to another to hold court, he was often accompanied by several attorneys, carrying the principal jiortion of their libraries in their saddlebags with a clean shirt and an extra pair of socks. Sometimes these attorneys would have a client in the county to which they were bound, but many times they "just went along," hoping to pick up a case Avhen the court opened.

"Riding the circuit" was a strenuous way of practicing law. but it was not altogether void of pleasant ex])eriences. After the adjoui-nment of court for the day, the judge and the attorneys would gather in the big room of the tavern and spend the evening "swapping yarns." relating their experiences in coiu't. and occasionally taking a small drink of something to ward off malaria. In fact, there was a fraternity among tlie hiwyers and judges of "ye olden time" that has heeii dispelled by the increase of litigation and tiie iael that nearly every attorney of the present day has a library of his own anil is not compelletl to borrow books from counsel of the opposition.

And there were good lawyers in those days - men whose knowledge of law and powers of oratory were equal to many of tlie graduates of law schools oi" later years. Tliey were students of human nature and knew how to swing the jury to their side, and they were nearly always attentive to the needs of their clients, conscientious in their advice, and persistent in their efforts to win their cases, not simply for the fee or the honor that would come to them, but because their client would profit bv the court's decision.

When Stark County was organr/.ed there was not an attorney within its limits. Consequently, the practice in the early courts was nearly all given to the "circuit riders." Among those who practiced in the Stark Circuit Court prior to the Civil war w^ere: J. S. Fancher, William F. Bryan. T.orin G. Pratt, L. B. Knowlton, Ilemy B. Hopkins. E. G. Johnson, Ezra G. Sanger and JNlerriman ^: ^lerriman, of Peoria; H. G. Reynolds, Leander Douglas, H. N. Keightly and Julius JMamiing. of-Knoxville; Levi North, C. K. Ladd and John II. Howe, of Kewanee; C. K. Harvey, Ira O. ^Vilkinson and Robert Wilkinson, of Rock Island; Silas Ramsey and Ira J. Fenn. of Lacon; Hiram Bigelow, of Galva, and George W. Stipp, commonly called "Judge" Stipp, of Bureau County.

Several of these pioneer lawyers achieved ijrominence in their chosen profession, and a few of them became known in other connections. John H. Howe, of Kewanee, was colonel of the One Hundred and Twenty-fourth Illinois Infantry in the Civil war, and after the wai- served as circuit judge. H. G. Reynolds, who located at Knoxville about 18.51 was state's attorney and postmaster. In 18.54 he removed to Springfield and later to Kansas, where he became prominent as an attorney. Lorin G. Pratt went from Peoria to Chicago soon after the war and won a high standing at the Cook County bar. C. K. Harvey was a typical circuit riding lawyer. Full of enthusiasm for his work, (juick to gras]) a situation, and never averse to playing a practical joke on some brother attorney, he was regarded as one of the ])opular and reliable lawyers of his day.

One of the most noted lawyers of pioneer times was Richard M. ^'ounff, who held the first circuit conrt in Putnam Countv in ^lav. 18.'n. He was a Kentnckian bv liirth. but came to Illinois while still a young man and in 1828 was appointed circuit judge. He remained on the bench until 1837, when he resigned to accept a seat in the United States Senate. He was recognized as an authority on the constitution and laws of state and nation and tried a few cases in Stark County during the early history of the Circuit Court. After many years of usefulness he became insane and died without regaining his reason.

Of the resident lawyers of Stark County, \V. W. Drunmiond is credited with being the first. In his early practice in the Circuit Court of Stark County he was frequently assisted by Julius ]\Ianning, who was a very able and successful lawyer. W. J. Phelps, the second resident attorney, located at Toulon soon after the county seat was established there, but did not remain long, leaving in 1846 for the West.

One of the best remembered lawyers of early days was ^Martin Shallenberger. He was born in Fayette County, Pennsylvania, December 3, 182.5. and received a common school education in that county. In 18.38 his family removed to Illinois, locating in the northern part of Fulton County. INIartin finished his education in the Peoria Academy and early in the year 18-46 began the study of law under Onslow Peters, afterward judge of the circuit court. By Morking diligently for a little over a year, he was ready for admission, ])assed the examination with credit and was formally admitted to the bar by Judges Caton and Treat of the Illinois Supreme Court. The same year he opened an office in Toulon and for more than iialf a century was a leading figure at' the Stark County bar. Although always interested in public affairs, ^Ir. Shallenberger never held but one political office, that of representative in the Legislature of 18.57. He was an artist of more than ordinary ability and it is said painted more than two hundred pictures, many of them of rare excellence. Several young men studied law with ]Mr. Shallenberger. Among these may be named Robert Barr, Ford D. Smith, Thomas D. Higgs and Frank ]Marsh, all of whom practiced in the Stark Circuit Court at some period of its history with honor to themselves and their precejitor.

jNIr. Shallenberger's Swiss ancestors dwelt upon the mountain called the Schallenberg, in Canton Uri, and when sm-names were adopted l)y the Swiss i^eojile in the Eleventh Century they became known as the "Schallenbergers." This was the origin of the name, though in later years the spelling was simplified by dropping the letter "c" from the first syllable. In June, 1840, he married ]Miss Eliza H., daugliter of Dr. Thomas Hall, who in 1876 published her "Stark

County and Its Pioneers," an interesting little vohinie containing many valuable facts concerning the early days in Stark County. One son of this marriage, Ashton C. Shallenherger, was at one time governor of Nebraska and is now (1915) a member of Congress from that state.

On at least one occasion ^lartin Shalienberger turned his artistic talent to good account in his law practice. lie was employed to defend a man charged with stealing a hog. \Vhile the state's attorney was addressing the jury, INIr. Shallenherger took a piece of charcoal from the stove in the old court room and in a fit of apparent absentmindedness began drawing a jMcture of a man driving a hog, on the wall opposite the jury box. The jurors grew so intent in watching the work of the artist that they lost the thread of the prosecutor's arg\iment and Shallenherger won his case. Similar stories of his eccentricities are told by old residents of Toulon, but taken all in all JNIartin Shalienberger was uncpiestionably one of the ablest lawyers that ever ])racticed in Stark County. His death occurred on January 4, 1904.

C^eorge A. Clifford, who lias been repeatedly mentioned in these pages, was another ])ioneer lawyer of Stark. He was a native of Massachusetts, but at an early date came to Illinois and settled at Rochester, in the northern part of Peoria County. His first law practice in Illinois was in the Circuit Court at Knoxville. after which he went to Chicago and there became city editor of the old Chicago Democrat. Returning to Toulon he resumed the ])racticc of law and in 1S.J8 formed a partnership with Patrick M. Hlair. Two years later he was one of the editors of the Stark County Democrat dni'ing the political campaign and in lS(i2 was appointed master in chancery. He also served on numerous occasions as stenogra])her and court reporter. JNIr. Clifford had a taste for literary work and wrote the first history of Stark County. In later years he became dissijiated in his habits and met his death by falling from a window in Washington. 1). C.

Patrick ^I. Rlair. mentioned in tlie above paragra])h. was born at Frankfort, Ky., April 10, 1829, only a few days before Isaac R. Essex, the first white man to settle in Stark County, l)uilt his cal)iii in the Sjioon River Valley. His ancestors took part in the Revolutionary war and the War of 1812. He was educated at the St. Louis F^niversity, studied law with his cousin, ^Montgomery Rlair, and was admitted to the bar at Ottawa. 111., in 18.)0. Four years later he became a resident of Toulon, where he and .lohn Rerfield o])ened the first lumber yard ever known to the town. In 18.)8 he and

George A. Clifford formed a partnership for the practice of hn\ and for a time had their office in the courthouse. The partnershij) (Hd not hist long and after its dissolution ^Ir. Jilair became associated with James Hewitt. In 1800 he was elected circuit clerk, which office he held for eight years, and he was one of the active organizers of the Peoria & Rock Island Railroad Company. In 1886 he was appointed master in chancery. Throughout his legal career he was recognized as an able and consistent lawyer, always attentive to the interests of his clients.

Thomas J. Henderson, a member of the well known Henderson family which played a conspicuous part in the early history of Stark County, was born at Brownsville, Tenn.. Xovember 29, IS'Jl, and came to Stark County with his parents when he was twelve years of age. Before arriving at his majority he taught school in what is now West Jersey Township and later in the "Old Brick" at Toulon. In 1847 he was elected clerk to the board of county commissioners. Two years later, when the county court took the place of the commissioners, he was made clerk of that tribunal and served until 18,33, when he began the practice of law. In lH5i he was elected to the lower house of the Illinois Legislature, and in 18.50 was elected state senator for the district composed of Henry, Knox, fiercer. Rock Island, Stark and Warren counties. On August 11, 1802, he was mustered into the United States service as colonel of the One Hundred and Twelfth Illinois Infantry and served until the close of the war, being made brigadier-general by brevet by President Lincoln on January 6, 180.5, "for gallant and meritorious services."

Upon returning home from the army he decided to renu)\e to Princeton, the county seat of Bureau County, believing that town offered a better opportunity for the practice of his profession. There he formed a partnershii^ with Joseph L. Taylor, under the firm name of Taylor & Henderson, which lasted until 1871, when General Henderson Avas appointed collector of internal revenue. He afterward served in Congress and one who knew him well describes him as "a brave and generous man, a patriotic citizen, a good soldier, an upright politician, and a pleasant and impressive speaker." One of his last visits to Stark County was on the occasion of the dedication of the soldiers' monument at Toulon, June 12, 1902, when he delivered the princi])al address.

Harvey J. Rhodes, a jiioneer justice of the peace in Stark County, began the practice of law in 18.51. and Charles C. ^Vilson. the first supervisor elected from Valley, connnenced practice in 18.57. The former died many years ago and the latter removed to Priiieeton, from there to Kewanee, where he continued in practice until a short time before his death.

Aaron Tyler, Sr., appeared in the Stark Circuit Court in a number of cases in 184(). His son, Aaron Tyler, Jr., studied law under Judge Onslow Peters and located in Toulon. In 18.50 he was elected state's attorney. At the close of his term he removed to St. Louis and from there to Knoxville, Illinois, where he was aijpointed circuit judge. He died in the City of Chicago some years later.

William ^V. Wright, who was admitted to the bar at ^Mount Vernon, 111., in Xovembei-, 18()(), came to Toulon shortly afterward and won distinction as a lawyer. He was born in Fulton County, Illinois, September 10, 1842, and passed his early years upon a farm in Goshen Townshij), Stark County. During the latter part of the war he served in the One Hundred and Thirty-ninth Illinois Infantry. In 1873 he was elected county judge and sei'ved for about thirteen years, and in 18!)0 he was again elected to the office and served for twelve years more. He was also master in chancery for one term.

James H. JMiller, who was admitted to the bar in the spring of 1869, was born in \Vyandotte County, Ohio, xVugust 29, 184.3. His parents came to Illinois in 18.51, first settling in ^Vinnebago County, but in 18()1 they removed to Stark County and located in West Jersey Townshij). In the fall of 18(12 young INIiller was commissioned to recruit a company for the Fourteenth Illinois Cavalry. While engaged in this work he met with an injury to his hip which prevented him from entering the military service and kept him on crutches for several years. During this time he studied law and in 1809 opened his office in Toulon. In 1872 he was elected state's attorney and held the office for four years, having previously served as justice of the peace. For several terms he was counsel for the Village of Toulon and from 1884 to 1890 was a member of the lower branch of the Illinois Legislature. In connection with Judge Thompson, he was one of the jjrojectors of the Toulon Public Library early in 1891, l)ut died before he could enjoy the fruit of his labors.

Bradford F. Thompson was of good old New England stock, liis parents, Benjamin M. and Ann (^IcLaughlin) Thompson, coming to Stark County from Elaine in 18.50. He received a good education, studied law, and his name first appears upon the docket of the Stark Circuit Court in 1878. In that year he was elected a member of the Toulon village board and two years later was made village attorney. He was elected state's attornev in 1870 and re-elected four vears later.

and in 1888 he was again elected for one term. On January 29, 1891, he appeared before tlie vilhif^e board with a petition to estabhsli a public library; was the first president of the library board, and maintained his interest in the institution as long as he lived. In 1902 he was elected county judge and held the office by repeated re-elections until his death in 1912. For several terms Judge Thompson presided over Toidoii Masonic Lodge as worshipful master, and he was a member of ^V. W. AYright Post, Xo. 327, Grand Army of the Republic, having served as a sergeant in Company B, One Hundred and Twelfth Illinois Infantry.

Frank X. Prout, a native of X^^ewark, X". J., came to the County of Stark in his boyhood with his parents, X'elson and Jane (Davis) Prout. He studied law under James H. INIiller and was admitted to the bar in Stark County, but soon afterward removed to Blue Spring, X^eb., where he rose to prominence in his profession and was elected attorney-general of the state.

It would be impossible to give detailed sketches of every attorney who has ever practiced in the county, but in addition to those above mentioned may be added the names of Benjamin F. Williams, who jjracticed in Toulon about the beginning of the Civil war and was captain of Company G, One Hundred and Sixth Illinois Infantry; Tillottson & Guiteau, Avho began practice here in 1874, the former staying in the office at Bradford and the latter at Toulon; W. W. Hammond, a son of A. G. Hammond, of Wyoming, who after his admission to the bar located in Peoria; Harry Pierce, who was admitted to the bar in ^Nlay, 1883; H. L. and A. P. :Miller, the former one of the early lawyers and the latter admitted in 1879; Frank A. Kerns, a native of the county, admitted in 1888 and practiced here for several years, then went to Chicago and later to Philadelphift. and D. C. Young, who practiced in Toulon for a few years inmiediately after the Civil war.

Xo history of the bench and bar of Stark County Avoidd l)e complete without some mention of Miles A. Fuller, who was one of the best known lawyers and citizens of the county for many years. Mr. Fidler was born in Luzerne County, Pennsylvania. April 2.5, 1822. j "^Yhen he was about twelve years of age his parents came to Stark County and settled in what is now Penn Township. When Allies grew to manhood he became associated with his brother in the milling business, building the "Modena ^Slills." He was elected county clerk in 18.)3 and Iield the office for thirteen years, during which time he I'ead law and was admitted to the bar in 18()2. just before the expira- tioii of his last term as clerk. For a few years he did not practice regularly, but after 1869 devoted his time to his profession. That year he was elected a delegate to the constitutional convention, and in 1870 was elected to the lower branch of the Legislature as the representative from Stark County. During the war ^Slr. Fuller was appointed a special commissioner from Stark to go to Springfield to iiKluire into the military credits in connection with the county's qviota of volunteers. He served several terms as attorney for the Village of Toulon, was granted a franchise and built the electric light plant, and in other ways gave evidence of his enterprise and public spirit. In 191,5 the Old Settlers' Association honored IMr. Fuller's memory by placing his portrait upon the badge worn at the annual picnic. His son, 'N^ictor G. Fuller, was also a popular attorney. For a number of years he was city attorney of Toulon, holding the office at the time of his death in December, 1913.

The Bar Of 191.5

From the bar docket of the Stark Circuit Coiu-t for the June term, 1915, the following list of court officers and attorneys is taken: Judges, T. X. Green, John INI. Niehaus and N. E. Worthington (the last named since succeeded by Clyde E. Stone) : state's attorney, John W. Fling, Jr.; master in chancery, JNI. L. Hay; clerk, Walter F. Young; sheriff, James K. Fuller.

By far the greater ])art of the court business in Stark County has been in connection with civil cases. A number of such cases have been carried to the Supreme Court and argued before that tribunal by members of the Stark County Bar. In cases of this character the Stark County attorney has demonstrated his knowledge of the la\v and his ability to liold his own. l)ut the county has never produced a lawver who has distinguished himself as a si^ecialist in criminal cases. The reason is plain. The pioneers of Stark County were not of the criminal class. A diligent search of the court records reveals but very few occasions where the professional criminal lawyer would find an opportunity for the display of his peculiar talents.

There has never been a legal exeeution in the county, and but one man received a sentence of life imprisonment. On December 1. 1881, Peter lluber, of West Jersey Township, was killed by Andrew J. Church. A coroner's jury brought in a verdict that Huber met his death by a knife wound inflicted by the said Church, death occurring within a few minutes after the stabbing was done. Chmx'h tried to make his escape, but was overtaken l)y William II. Bell and Robert H. Thompson and confined in the jail at Toulon. At the April term in 1882 he was arraigned for trial. State's Attorney Thompson was assisted in the prosecution by James H. JNIiller and the defense was represented by J. E. Decker and A. P. Miller. The evidence brought out the fact that Church was a man of rather unsavory reputation. The jury brought in a verdict of guilty and he was sentenced to "hard labor for life."

While retin-ning to his home from the postoftice in Lafayette on the evening of October Vi, 18(i7, Joseph H. Wilbur was assaulted and killed by David Anschutz. The assailant was soon afterward arrested and was tried in November, 1868. ^lartin Shallenberger conducted the prosecution and John H. Howe, of Kewanee, appeared for the defense. A verdict of guilty was returned by the jury and Anschutz was sentenced to twenty-one years in the state's prison. These are the two most noted criminal cases that have ever occurred in the court annals of Stark County.

A Stray Incident

While the judge of early years was generally capable and conscientious in the performance of his duties, he was not always marked by that "judicial dignity" that in later years has l)ecome a distinguishing characteristic of the court official. Judj^^homas Ford, the first judge to hold court in Stark County, used to have a fund of anecdotes relating to tile methods in vogiTeTn the pioneer courts of Illinois. One of these stories of the humors and eccentricities of judges not thoroughly versed in the law, nor in the fundamental principles of English grammar, was of the manner in which the sentence of death was jM-onounced upon a prisoner. As told by Judge Ford the judge called the prisoner before him and said:

"]\Ir. Green, the jury in their verdict say you are guilty of murder, and the law says you must be hung. Now, I want you and your friends to know that it is not I who condemns you, but it is the jury and the law. The law allows you time for preparation, so the com-t wants to know what time you would like to he hung."

The clerk looked at the calendar - or pretended to - and replied, that the day fell on Thursday, whereupon the judge completed his sentence as follows:

James Turney, then attorney-general of Illinois, was present and requested permission to say a few words. Permission being granted he addressed the court in this manner: "INlay it please the court, on solemn occasions like the present, when the life of a fellow human being is to be sentenced awav b\' an earthly tribunal for crime, it is usual and proper for the coin-t to pronounce a formal sentence, in which the leading features of the crime shall be brought to the recollection of the prisoner, a sense of his guilt impressed upon his conscience, and in which the prisoner should be duly exhorted to repentance and waiued against the judgment in the world to come."

The presiding judge listened attentively to INIr. Turney's remarks and when the attorney-general had concluded replied: "Why, Mr. Turney, Mr. Green understands tlie whole business just as well as if I had preached to him for a whole month. He knows he's got to be hung in four weeks, don't you, Mr. Green?"

The prisoner answei-ed in the aftii'inative and the court added: "^Vell, then, the business before the court is settled and the court now stands adjourned."