Tazewell County, Illinois - Chapter 12: The Tazewell County Bak, 1879

Chapter 12: The Tazewell County Bak

As the prosperity and well being of every community depends upon the wise interpretation, as well as upon the judicious framing of its laws, it must follow that a record of the members of the Bar, to whom these matters are generally relegated, must form no unimportant chapter in the county's history. Upon a few principles of natural justice is erected the whole superstructure of municipal law tending; to relieve the wants and meet the desires of all alike. But where so many interests and counter interests are to be protected and adjusted, to the judiciary is presented many interesting and complex problems. But change is every-where imminent. The laws of yesterday do not compass the wants and necessities of the people of to-day. The old relations do not exist. New and satisfactory ones must be established. The discoveries in the arts and sciences; the invention of new contrivances for labor ; the enlargement of industrial pursuits, and the increase and development of commerce, are without precedence, and the science of the law must keep pace with them all ; nay, it must even forecast events and must frame its laws as will most adequately subserve the wants and provide for the necessities of the new conditions. Hence the lawyer is a man of the day. The exigencies he must meet are those of his own time. His capital is his ability and individuality. He cannot bequeath to his successors the characteristics that distinguished him, and at his going the very evidences of his work disappear. And in compiling this short sketch one is astonished at the paucity of material for a memoir of those who have been so intimately connected with and who exerted such an influence upon the county^s welfare and progress. The pecvdiarities and the personalities which form so pleasing and interesting a part of the lives of the members of the Bar, and which, indeed, constitute the charm of local history, are altogether wanting. Unlike the fair plaintiff in Bardell vs. Pickwick, we have no pains-taking sergeant to relate " the facts and cir- cumstances " of the case. The Court records give us the facts, but the circumstances surrounding and giving an interest to the events are wanting.

Tazewell, like all pioneer counties, suffered much in the stability of her judiciary owing to the numerous contests concerning the location of the county-seat and the consequent bitterness and local prejudice attending the various removals. The county-seat was first located at Mackinaw, March 22nd, 1827. Tazewell county, at that time, for judicial purposes, formed a part of the Second Circuit. The first term of the Circuit Court ever held in this county was at Mackinaw, May 12th, 1828, and presided over by the Hon. Samuel J. Lockwood. The first case docketed was entitled Bryan and Morrison vs. Wm. Eads, action of debt. The first indictment presented was against William Herbert for assault and battery.

Samuel J. Lockwood. - The Hon. Samuel J. Lockwood was one of the justices of the Supreme Court of Illinois and assigned to circuit duty in the Second Circuit. He was a man of good ability and discharged his duties very acceptably.

Stephen T. Logan. - The Hon. Stephen T. Logan was the next presiding Judge for several years and afterwards was Judge in the Sangamon Circuit. He now resides in Springfield, Illinois, having retired from active life. He was one of the ablest lawyers in the State, and one whose ability and legal knowledge placed him in the front rank of his profession. The Judge had a mania for whittling, and Court never moved smoothly until the Sheriff had placed a number of white pine shingles beside the wool-sack, when the evolution of law and pine shavings proceeded Avith equal dignity and composure.

John Pearson. - The Hon. John Pearson succeeded Judge Logan. He is spoken of as a man of good ability and a good Judge, but was not popular with the people on account of his inability to accommodate himself to their ways and primitive civilization. The court-houses were rude buildings with but few of the conveniences considered necessary at the present time, and Judge Pearson, not content with the chair provided for the Court, refused to sit until a rocking-chair was procured for his use, which desire for personal comfort led to a great deal of unfavorable comment among the people.

Judge and presided for several years. He was one of the most active men ever upon the bench. He allowed no delays, and his executive ability is highly praised. At one term of Court in this couutv he cleared the docket of some 500 cases and did much to avoid the delays so tedious to litigants. Judge Thomas was President of the first Constitutional Convention of the State, and in whatever position called served with distinction.

William Thomas. - The Hon. William Thomas served as Judge but few terms owing to some change in the judicial circuit, and was scarcely identified with the legal interests of this county.

Samuel H. Treat. - The Hon. Samuel H. Treat next came on this Circuit and served until 1848, when the Judges were elected in accordance with the provisions of the new constitution then adopted. Judge Treat was afterwards appointed to the bench of the United States Court, at Springfield, which position he still holds. He is a close observer of men and times, and is considered one of the ablest and most upright judges in our entire judiciary.

David Davis. - The Hon. David Davis was elected Judge of this Circuit in 1848, and so remained until 1857. On first coming to Illinois Judge Davis settled in Pekin, but shortly afterwards removed to Bloomington. Early in Lincoln's administration he was appointed to the United States Supreme Court from which he resigned in 1877, being elected in that year to the United States Senate from Illinois. He was much inclined to indolence while Judge of this Circuit, and required a great stimulus to exertion, but he discharged very acceptably the onerous duties of his office.

James Harriott. - The Hon. James Harriott was elected to succeed Judge Davis in 1857. He came to this county in 1849, having previously served a term in the State Legislature from the district surrounding Jerseyville. He was the first Judge of the old 21st Circuit, including the counties of Tazewell, Mason, Menard and Cass. He filled the office for over 10 years and was highly respected for his sterling good sense and discernment, and was well liked by the Bar and the people. He died at his home in Pekin in the year 1869.

Charles Turner. - The Hon. Charles Turner was elected over Judge Harriott in 1867. Judge Turner came to this State from Ohio, 1851, and practiced law until 1862, when he entered the army, serving three years and attaining the rank of Brev. Brig. General. On his return he again pursued the practice of law, and was elected

CountyTrcasurer in 1865, when he resigned to accept the Judgeship in 1867, and served until 1873, when the circuit was changed from the 21st to the 12th.

John Burns. - Hon. John Burns in 1873 was elected over Judge Turner, and is now one of the three Judges of what is known as the 8th Circuit, being composed of the counties of Tazewell, Peoria, Woodford, Marshall, Putnam and Stark. His term expires in June of this year, and he is now (April, 1879) a candidate for re-election. He is an able lawyer, an upright judge, and has proven very acceptable to the people of this circuit.

Among the lawyers who were prominently known at this Bar during and previous to the time when Judge Treat held Court at Tremont were, Lincoln and Douglas, whose names and history have become a part of that of our country ; George Farquhar, at one time Secretary of State ; John T. Stewart, now of the firm of Stewart, Edwards & Brown, Springfield, Illinois, and for many years in Congress ; Daniel Stone and Thomas Nealc ; A. F. Hubbard, during 1826 ad interim Governor of the State, and who precipitated the celebrated case of Ewing vs. Farquhar, which called into question the construction of Art. 3 of Sec. 18 of the then Constitution; Edward Baker, Senator from Oregon, who was killed at Ball's Bluff during the war for the Union ; Col. John J. Hardin, killed during the Mexican War at Buena Vista ; Wm. A. McDougal, afterwards United States Senator from California; Judge Dunmur, David Pickett, Alexander Herring, A. L. Davidson, W. H. Purple, O. H. Merryman and others whose history is coeval with that of the early days of the county.

Echcard Jones, who came to this county about 1830 and was among the first Circuit Clerks. He was a captain in the Mexican War, a man of fine education, a natural lawyer, and in the days of the strict common law pleadings was without a peer at the local Bar. He died at an early age, the victim of those habits which are too frequently the accompaniment of brilliant and distinguishing qualities of mind.

William B. Parker and his son Edward Parker, men of fine education and good abilities, but who lacked the perseverance so necessary to the success of a lawyer. They died respectively in the years 1873 and 1874.

Samuel W. Fuller, who came from the East in 1851, and was elected to the State Senate in 1856. In 1858 he removed to Chicago, where he resided up to the time of his death, in 1873. Mr. Fuller was an able and accomplished lawyer, and at the time of his death had a reputation second to none in the State.

Samuel P. Bailey settled in Pekin about 1830 and practiced law up to the time of his death in 1869. Mr. Bailey was an omnivorous reader, and was probably the most widely read lawyer at the Bar, but he lacked practical application and could in no way utilize the immense stores of his knowledge ; and the learning which would have given him the highest place as an advocate, was rendered valueless because it availed him but little in the practical discharge of the duties of his profession.

Richard W. Ireland came to Pekin about 1848 or 9 and was Clerk of the County Court. At different times in his life he was associated with prominent attorneys as a partner and was a very successful office lawyer. He removed to Tremont a short time previous to his death, in 'l 869.

James Roberts was admitted to the Bar in Missouri, in 1849, but removed to Pekin in June, 1852. He was a man of fine abilities, to which he united the most studious habits. He prepared his cases with the most painstaking accuracy, and his knowledge of the law was such as could only be gained by the severest application. He built up one of the largest and most lucrative practices ever controlled by any one lawyer, but his career was cut short at the early age of 33 years by his death from overwork. He practiced in the Supreme Court of the United States, being engaged in the cases concerning the patents of the Illinois Harvesters, which at that time attracted great attention.

in 1857 formed a partnership with Samuel W. Fuller, and after its dissolution he removed to Peoria where he still resides. He was elected Judge in that circuit for one term of six years. He is the author of Puterbaugh's Pleadings and Practice, a work of merit and which is in general use throughout the State.

Joseph Hanna came to this county from McLean about 1859 as a partner of Hon. J. B. Cohrs, under the name of Cohrs & Hanna. Mr. Hanna was a young lawyer of great promise, but on the breaking out of the war he enlisted in the army and was killed at Fort Donelson.

Richard W. Williams, one of the finest educated men, and one of the best speakers at the Bar, came from the South to Pekin in 1866, He died suddenly in the summer of 1873.

Abram Bergen came to Pekin in 1862, and shortly afterwards was appointed States Attorney to fill the vacancy caused by the absence of Major Fullerton in the army. In 1865 he moved to Minnesota, and was there elected to the State Senate. He again moved, going to Kansas, and from there was appointed to a judgeship in New Mexico, but finding the position distasteful he resigned and returned to Kansas, where he now resides. Mr. Bergen is an excellent lawyer, and the various distinguished offices he has filled mark him as a man of no ordinary ability.

Cassius G. Whitney was admitted to the Bar in 1869, and was elected States Attorney of the 21st Circuit in 1868. In 1872 he removed to Cass county, taking a very prominent part in the countyseat contest between Virginia and Beardstown, which was finally decided in favor of Virginia, where Mr. Whitney now resides. He is a young man of talent and a leading lawyer in his county.

Charles Tinney was admitted to the Bar in 1870, practiced in this county awhile and then removed to Virginia, and is now the junior partner in the firm of Whitney & Tinney.

Frank Purple read with Messrs. Roberts & Green and after his admission to the Bar, in 1869, became a partner in the firm. He finally removed to Peoria and has since forsaken the law for other pursuits.

Thomas W. Mehan was admitted to the Bar in 1868; was elected to the office of City Attorney for one term and remained here until 1876, when he removed to Mason, and is now States Attorney for that county.

JSIias C. Brearley was admitted to the Bar in 1861 in the State of New Jersey. He practiced in Pekin several years in the firm of Brearley & Henry, then at Jacksonville and Washington City. He is now located in Leadville, Colorado.

Henry P. Finnigan was admitted to the Bar in 1868. He had served as Circuit Clerk in this county. He removed to Lincoln, Nebraska, about 1870, where he resided up to the time of his death, in 1878.

Albert J. Ware came to this Bar in 1868, and was for some time associated as a member of the firm of Prettyman & Ware. He practiced here until the spring of this year when he removed to Leadville, Colorado, his present home.

George B. Foster was admitted to the Bar in 1869, and practiced in Pekin until 1877, when he moved to Peoria and became a member of the firm of Johnson & Foster.

The Bar of the county has always maintained a high standard of legal excellence, and that it has not diminished will be seen by the present able representation.

Hon. B. S. Prettyman came from New Castle, Delaware, in 1831, and commenced the practice of law in 1845. Mr Prettyman's interests have always been identified with those of Pekin, which has been his home since coming to this county. He is an able lawyer and in the matter of real estate law has scarcely an equal in the State.

Wm. A. Tinney came to this State from Kentucky in 1833, and in 1834 he was elected to the office of sheriff, which he held until 1840, but was beaten in "the coon-skin campaign." He then removed to Washington where he opened a country store. In 1846 he enlisted for the Mexican war. On his return he opened the Eagle House, and at one time owned and conducted the Bcmis House. In 1861 he was elected Justice of the Peace and also Police Magistrate, which he still retains. In 1865 he was admitted to the Bar but has practiced but little, being principally occupied in the discharge of the duties of his office.

Judge David Kyes was Sheriff of the county in 1852. At the expiration of his terra he moved to Washington where he carried on a grocery store until 1857, when he was admitted to the Bar. In 1860 he was elected to the State Legislature, and in 1865 to the office of County Judge, which he hel4 for 12 years. He is now en-

Hon. Ccesar A. Roberts came to Tazewell county from Missouri in 1850, and practiced medicine up to 1858. In 1859 Mr. Roberts, in company with a large number of the citizens of Tazewell, was attracted to Colorado by the promising mining prospects. At a convention on the 11th of July the same year, and of which Mr. Priscoif, the present Mayor of Denver, was president, he was appointed to and drafted a code of mining laws, many of which are still in force, and was then elected Recorder of Claims in the district surrounding Central City. Later in the same year he returned to Illinois, and in 1860 was admitted to the Bar. In 1864 he was States Attorney for the 21st Circuit, and in 1870 became a member of the State Legislature and served through the long session of the 27th General Assembly, engaged in revising the statutes in accordance with the new constitution of 1870.

Judge Wm. Don Maus came to Illinois from Pennsylvania and was admitted to the Bar in 1857. He was appointed Master in Chancery by Judge Harriott, and filled that office for ten years, or during the entire term of that Judge on the bench. In 1863 he was elected County Judge, to fill the unexpired term of Wm. Tackaberry, then recently deceased.

Nathaniel W. Green came to Illinois from New Jersey and was admitted to the Bar in 1856. He practiced in Delavan, in this county, until 1865, when he removed to Pckin and became a member of the firm of Roberts & Green. Although frequently solicited, Mr. Green has refused to accept any official position, and has confined himself exclusively to the practice of the law.

Hon. John B. Cohrs was born in South Carolina, and at an early age removed to New York where he received a collegiate education. He then came to McLean county where he engaged in farming, but shortly afterwards sold his farm, read law in Bloomington, Illinois, and was admitted in 1859, when he came to this county as a member of the firm of Cohrs & Hanna. In 1864 he was elected to the State Senate. He is now a prominent candidate for the Judgeship in this Circuit.

Hon. Abial B. Sawyer was admitted to the Bar in 1861. He has made a specialty of Real Estate and Collection law. In 1877 he was elected Mayor of Pekin, which he held one term.

mltted to the Bar in 1866; is a graduate of the Ohio State and Union Law College. He served three years in the Army and was Captain of Company "B," 108th Illinois volunteers; was Master in Chancery from September 1867 to 1873, and was States Attorney for this county from 1872 to 1876.

William S. Kellogg was admitted to the Bar in this county in 1869 and practiced until 1876, when he was appointed Deputy Circuit Clerk, in which capacity he now acts.

Collins J. Elliott was admitted to the Bar in 1862. He has several times filled the office of City Attorney, and is still engaged in the law practice in Pekin.

Gurdon T. Saltonstall was admitted to the Bar in 1866, and in 1877 was appointed Master in Chancery for this County by Judge Burns, which position he still holds.

Judge A. W. JRodecker was admitted to the Bar in 1868, and in 1877 was elected County Judge as successor of Judge Kyes. Judge Rodecker was a member of the Board of School Inspectors for 7 years, and to his energy and ability may be attributed much of the excellence of the public schools of Pekin'

John H. Pirkey was born in Virginia and came to Illinois at an early age. In 1862 he enlisted in the Army under the " 600,000 call," and served three years. In 1875 he was admitted to the Bar in the State of Missouri. Shortly afterwards he came to Illinois and engaged in school teaching, and in 1879 he was admitted to the Bar in this county. Mr. Pirkey has been principal of the public schools for several years, but contemplates soon to engage in the active practice of his profession.

James Haines, Sr., came to Pekin about 1849 and was admitted to the Bar in 1850. He practiced several years when he engaged in the Banking and Insurance business, and since then he has not resumed the practice of the law.

William T. Stansberry came to this State from Ohio, in 1848, and was admitted to the Bar in 1849. He has engaged but little in the practice, having turned his attention to mercantile pursuits.

George C. Rider came from New York to Illinois in 1870, and was admitted to the Bar in 1873. He was first elected to the office of City Attorney in 1873, which office he has filled for 5 years, and has now entered upon his fourth term.

The Bar at Delavan is represented by Mr. M. D. Beecher, who was admitted to the Bar in 1869 ; by W. R. Curran, who came to this county from Livingston county in 1876, and by Edward Reardon, who was admitted to the Bar in 1876, and associated with Mr. W. R. Curran under the name of Curran & Reardon. And at Washington, Illinois, by Matthew Craig, who was admitted to the Bar in 1870; by J. W. Dougherty, who was admitted in 1875 and acted as Master in Chancery in this county for four years, and by Mr. William Dougherty, who was admitted in 1877, but who is now engaged in teaching in the College at Quincy, Illinois,

Thus closes the complete roll, as we believe, of judges and attorneys who have presided at the courts of Tazewell county or pleaded at its Bar. *

Court Days

Among the notable days in the early history of the county, was court day. The convening of Court was one of the events of the year. On that day nearly everybody gathered at the county-seat. If a settler happened not to be on a jury, or a witness, or a suitor, he felt it his bounden duty to " go to Court," to see and hear what was going on. It answered the place of the shows and circuses of a later day, and perhaps was as instructive if not as entertaining. When Court was over, in the evening the Judge, lawyers and citizens congregated in the bar-rooms of the taverns, where stories were told and the evening spent in conversation. These seasons were accounted the most enjoyable of pioneer life, and when we consider the men who were there to edify and please the crowd, with their stories and anecdotes, we may well consider court days as possessing an interest of no little merit. There was Lincoln and Douglas, two of the greatest statesmen the world has ever known.

and both of whom possessed an inexhaustible fountain of anecdotes. It is said the immense fund of anecdotes possessed by the late President Lincoln was largely derived from collections made while " on the circuit." Then there was Baker, Stewart, Lockwood, Farquhar, the comical Hubbard, Hardin, Treat, Logan and Davis, and others who could relate as good a story as ever was heard. Who would not love to sit at the feet of such men and listen to their arguments, their general conversation and their stories. Abraham Lincoln was attending Court at Tremont, in 1842, when Gen. Shields sent him the challenge to fight their famous duel. Many of the older citizens remember this exciting: occurrence.

In speaking of the Circuit Courts in the very earliest settlement of this part of the State, before Tazewell county was organized, Nathan Dillon said: "In those days (1824) when we could not get the store room of Hamlin or Allen, or the dwelling house of John Dixon, we held our courts on the river bank ; not being as wealthy or strong handed as in Sangamon, we had to do without a courthouse. Judge Sawyer was our circuit Judge, and it was some time before we could scare up a jury. At that date there was not a cabin on the site of the city of Pekin, and perogues were the only crafts we had to freight our whisky, salt and iron from the State to Peoria."

Nathan Dillon was a Justice of the Peace for many years in the early history of the county, and in an action for debt always rendered decision in favor of the plaintiff. He did so on the grounds, as he would say, " that if the defendent had never owed the plaintiff he certainly would not have sued him." That was his logic, which overruled good evidence to the contrary.

At the June term of the County Commissioners' Court the Judges placed 'into the hands of a young aspirant of the legal profession the following commendation :

" Whereas, J. Farnham is a gentlemen of respectability, honest, and of good repute ; and, whereas, he is desirous of practicing in Court, therefore, he is recommended to the Justices of the Supreme Court as a man worthy to be admitted to practice in said Court."

Armed with this document Farnham was admitted. No doubt he was a promising young sprig of the law, or else we believe the Commissioners had refused to grant him a recommend. But he had some practical knowledge to gain, and this essential part of his education 'Squire Wni. A. Tinney undertook to supply. It is true he received but one lesson from the 'Squire, but let us hope that it was so eifective, and made so strong an impression upon his mind, that he never needed another.

It was in a suit for debt that Farnham received this lesson. 'Squire Tinney was at the time Sheriff of the county, and had levied upon a fine team and carriage belonging to the defendant in the suit. He proceeded to call a jury of disinterested persons to decide the matter. The defendant had secured the services of Farnham to defend his interests. The latter, being but just admitted to the bar, endeavored to show off his legal knowledge, and consequently was a great stickler to red tape. As might have been expected, he used the privilege of objecting to one of the jurymen. This, of course, delayed the case for several days, for it must be remembered a petit jurv could not be gathered so quickly as at the present time. The Sheriff was put to considerable trouble in impaneling another jury, but finally the case was again opened when Farnham objected, as usual. Of course, this was mere pettifogging, and merely done to provoke and harass. A third jury w^as called, and Farnham began, "I object" - but forbearance could endure no more, and Sheriff Tinney gathered up a chair and laid the legal gentlemen sprawling upon the floor. That trial was ended. Farnham soon thereafter sought the exhilerating atmosphere of Oregon, and was never heard of afterwards by any of the Tazewell county Bar.