Washington County, Illinois - Chapter 6: The Bench and Bar, 1879

The , egal profession, and the Judiciary are so closely connected and associated with the development and progress of civilisation, that their history is almost inseparable from the civil history of the com¬ munity.

This county originally belonged to the twenty-third Judicial district, which was composed of the following counties; Marion, Clinton, Washington, Per¬ ry, Randolph and Monroe.

Southern Illinois in the early days, like all other newly settled countries, had but little litigation to occupy the attention of the Courts. A term of the Circuit Court seldom lasted more than a day or two.

This is in striking contrast to our courts of to-day, that often occupy from two to four weeks in a single term. The Judges in company with the lawyers rode from one county-seat to another on horseback. The first Circuit Court held in this county, was held at the house of James Bankson on Shoal creek, now in Clinton county, on the 13th d$y of July, 1818. John Warnock was the Judge, William H. Bradsby clerk and Daniel S. Swearingen sheriff. The following names composed the Grand Jury: Thomas F. Herbert, George Brown, Philip Martin, Leaven Maddox, Abraham Baker, Abner Eads, Bolin Green, Elis Chaffin, Andrew Bankson,, Jacob Turman, John Starnater, Mathias Eads, Joseph Watkins, Cyrus Cherby, John Clary and Henry McDaniel. TheGraod Jury was in session one day, and returned five in¬ dictments : one for assault and battery, and four for retailing " spirituous li¬ quor" without license.

Judge Warnock, after serving two terms, was succeeded by Judge John Reynolds, a noted politician, and a man of distinguished ability. He after¬ wards became Governor of the State.

The sessions of the court were held during Judge Reynolds* term ef of¬ fice at Covington, which was laid out and became the county-seat in 1818.

Judge Phillips and John Reynolds presided alternately, until the No¬ vember term, 1822, when Wm. Reynolds appeared upon the Bench. Judge Wm. Reynolds presided, continuously, until the year 1825.

Sidney Breese, a name conspicuous in the history of the legal profession of Illinois, was the next Judge, in the order of succession. He was elected and assumed the duties of his office, some time in the autumn of 1835. He presided continuously, until 1842, when he resigned the Judgeship to accept a seat in the United States Senate.

General James Shields, whose reputation is national in its character, hav¬ ing held tha office of Major General, in two wars - the Mexican and the war of the Great Rebellion, and who enjoys the eminent distinction, of hav¬ ing represented three States of the Union on the floor of the United States Senate, was the successor of Judge Semple. He served two years and re¬ tired in 1844.

Hou. William H. Underwood was the next Judge. He served for six years, and upon his retirement, the venerable Sidney Breese, was again called to the Bench. HU term of office began in 1855, and he served a little more than two years, when he was called to the Supreme Bench of the State of Illinois, which position he held continuously until his death in 1878.

Hoo. H. K. S. O'Melveney succeeded Judge Breese and served out the residue of the term to which Judge Breese had been elected. He retired from the Bench in 1861.

Judge Watts is a lawyer of dUtinguUhed ability, - yet in the vigor of manhood, of studious habits, and has a wide field of usefulness yet before him.

During a ten years' clerkship of the county court Judge Watts read law under the direction of Hon. P £. Hosmer, and was admitted to practice in 1854. He, from that time on enjoyed a lucrative practice until he was elected Judge in 1873.

By act of the legislature of 1877, the judicial system of Illinois was ma¬ terially changed. Two districts were thrown into one, and each of the dis¬ tricts so formed has three Judges. Washington county is now in the third judicial district, which is composed of the counties of Marion, Clinton, Wash¬ ington, Perry, Randolph, Monroe, St. Clair, Madison and Bond. Associated with Judge Watts, in this district, are Judge George W. Wall, of Duquoin^ Perry county, and Judge William H. Snyder, of Belleville, St. Clair county.

Ephraim Kilpatrick was the first resident lawyer in Nashville, or Wash¬ ington county. He practiced here for a few years and removed to Iowa.

J. Thomas Hanson was the next resident lawyer. He was a native of Maryland. Was a gentleman of culture and a good lawyer. Was an ar¬ dent politician of the olden type.

Ptolemy E. Hosmer, a native of Vermont, was admitted to the Bar, in the City of St. Louis, Missouri, by Judge John M. Krum, on the day that James K. Polk was elected President, in 1844. He practiced his profession in Franklin county one year, when he removed to Nashville, where he has ever since enjoyed a large and lucrative practice.

Lyman P. Lacey, now a resident of Mason county, Illinois, and Judge of the Circuit Court of that district, and one of the Judges of the appellate court, was the next resident lawyer.

He came to Nashville, in 1844. He remained here but a short time, but during his stay among the citizens of Washington county, he built for him¬ self a reputation as an able jurist and an upright man.

Judge Isaac Miller came here in 1850, has been in the practice continuous¬ ly ever since, and is now a resident of Nashville, (1879). He served one term in the State Legislature.

Marcus McCord, the present County Surveyor (1879), of Washington county, was admitted to the practice in 1853. After a brief period he aban¬ doned the practice of his profession.

Captain Lorenzo Johnson, a native of Connecticut, and who was appointed by the Governor of that State, as a captain in one of the ten regiment, raised in that State, for the Mexican war, located in Nashville at the close of this war, and practiced for two years; he removed from here to Chester, where he died.

At the close of the war, he returned to Nashville and resumed the prac¬ tice of his profession. He soon after removed to Kansas, where he died

H. Clay Bradsby, a native of Washington county, was admitted to the | practice in about the year 1854. He remained only a year after bis admis¬ sion to the Bar, when he removed to Vandalia, Fayette county, Illinois, and ( from there to Effingham, where he now resides, (1879).

I John N. Veruor, was admitted about this time, but never entered into the | practice on account of his frequently and almost continuously being honored with important offices and position by his fellow-citizens.

I Like thousands of others of the brave sons of Illinois, when the life of I the nation was trembling in the balance, be had his heart fired with that pa¬ triotic fervor that pervaded all classes of citizens who loved American insti¬ tutions, and he abandoned his civic duties for the privations and dangers of | the tented field.

| He was made a captain in the Forty-fourth Regiment of Illinois Volun- | teers, and fell at the head of bis company at the historic battle of Stone | River - one of the mary sacrifices for the nation's life.

I James Bassett, author of " Bassett's Criminal Precedents," located at Ashley, in about the year 1864. He practiced here for some time, but has long since been " gathered to his fathers."

Hon James M. Rountree, the present States Attorney of Washington county, is a native of the county. He studied law, while engaged in the | business of life, and was admitted by the Supreme Court of the State in the year, 1867.

Wm. S. Forman, studied law in the office of Judge Amos Watts, and was admitted to the Bar in 1872. Mr. Forman, is a young gentleman of genial disposition and engaging manners, of sound personal character, and of more than ordinary ability. He has a good practice, and bright prospects for the future.

Hon. Dan. Hay, read law under the direction of Hon. P. E. Hosmer, and was admitted in the year 1867. Mr. Hay is a lawyer of ability, and en¬ joys an extensive practice.

He is a native of Washington County, and has represented the district of I which it forms a part, in the State Legislature, He is a gentleman of a high order of intellect, and has a bright future before him.

Hon. James A. Watts, a native of Washington couuty, a-brilliant young lawyer of Nashville, studied law in the office of his father, Hon. Amos Whitts, and was licensed to practice in the year 1872, at the age of twenty-one years.

Mr. Watts, Jr., has by his business qualifications, strict attention to busi¬ ness, untiring industry, perseverance and integrity, built up for himself a large practice.

He has been honored with the highest office in the gift of the municipality of Nashville, having been chosen by the unsolicited suffrages of his fellowcitizens to the office of Mayor of the city, which office he now holds. There is no young man in Southern Illinois that has brighter prospects for ad¬ vancement and preferment than has Mr. Watts.

Judge S. E. Catterlin, a lawyer from the State of Alabama, came to this county in the year 1867, and has since resided at Ashley. Judge Catterlin has been eminently successful.

George Aikin, a native of Washington county, and a resident lawyer of I Nashville, studied law in the office of Judge Watts, and was licensed to | practice, by the Supreme Court, in the year 1875.

Judge Georg 3 W. Vernor, the present Judge of the county court of Washington, is a native of the county; was admitted to the Bar in 1860, and has been eminently successful in the practice of his profession.

Lewis M. Phillips, was licensed to practice, in 1860. He is a man of sound morals, well defined conscientious convictions, a diligent student, and conse¬ quently an able lawyer.

E. M Vance, located in Nashville, in 1854. He removed from here to Vandalia, Illinois, from whence he removed to Missouri, where he now lives.

Charles Rose, the present Master in Chancery of Washington county, is a native of Ohio. He studied law in the office of Hon. P. E. Hosmer, and was admitted in 1874.

Hon. Samuel W. Jones, was admitted to the Bar in 1874, and soon after located in Nashville. He graduated at the Law-School of Lexiogton, Ken¬ tucky, in 1874. He is at present one of the representatives to the General Assembly of the State, from this district.

Mr. Moore is an eloquent advocate, and bids fair to attain eminence in his profession. He has represented his district in the State Legislature.

Alpheus L. Watts, studied law in the office of his father, Hon. Amos Watts, and received his license to practice, in 1877. He is associated in the prac¬ tice, with his broth' r Hon. James A. Watts. He is a young man of marked ability, scholarly habits, and doubtless will achieve distinction in his chosen profession.

A. W. Smith, a native of West Virginia, located in Nashville, and com¬ menced the practice of the law, in 1875. He had previously resided at Sa¬ lem, Illinois, from whence he removed to Ashley, and from thence to Nash¬ ville.

Incident - In the history of the bar, as in the history of all other profes¬ sions and avocations, there are to be found many genuine specimens of the " Genus Homo," and many incidents that are peculiarly diverting in their character.

In the early days of Nashville George W. Lee, known as the " irrepressi¬ ble," afforded a source of great amusement for the lawyers and politicians. Lee was a great politician, and believed in the infallibility of General Jackson. His highest ambition was to be a lawyer, and at almost every term of the court he would present himself for examination, for admission to the Bar. On one occasion, when the examiners, the court and every one present had become satisfied of his incompetency, the examiners concluded to have some sport with the ''descendant of the Revolutionary Lees, and accordingly proceeded to propound all manner of ludicrous questions to him.

One of the examiners propounded this question: " What penalty do our laws prescribe for the crime of suicide ? Lee studied thoughtfully for a mo¬ ment, scratched his cranium, and anwered: " I don't know, unless it is to send the victim to h-11." On one occasion, as Senator Breese, was about to take his departure for Washington City, the indomitable Lee, sent him word that he wanted to see him before he left for the Capital. It was just as the talk of a war with Mexico had begun to get common over the country. With great digoity, Lee informed the Senator that he had a message, which he wanted conveyed to the president. The Senator expressed the pleasure that it would give him to be the bearer of a message from so distinguished a personage as Lee to the president, and asked him what it was that he desired to commu¬ nicate. Says he, " Tell President Polk, if we want to whip the Mexicans, we must fight them upon land and upon sea."

The brilliant General U. F. Linder was in attendance upon one term of the court in Nashville, iu 1842. He left behind him the record of being one of the most eloquent advocates that ever practiced at the Washington county Bar.

In 1840, and for several years thereafter many lawyers of wide-spread re¬ putation, were in attendance at the terms of the circuit court of this coun¬ ty. Among the most noted were Judge Joseph Gillespie, of Madison coun¬ tv ; Hon. Ben. Bond, of Clinton, Gov. G. Koerner, of St. Clair, Col. Wm. H. Bissell, Lyman Trumbull and others. Judges Trumbull and Gillespie were more engaged in practice than the others.

Judge Underwood, also, when not employed upon the Bench, was a practi¬ tioner in our courts. Between the years 1846 and 1865, Judge Underwood had a large and remunerative practice in this county.

For several years previous to the breaking out of the war of the Rebellion, General Haynie and Judge Parish attended the courts of Washington county.

T. M. Robinson, a native of the county, and resident of Ashley, was ad¬ mitted to the Bar in Texas, in about the year 1875, and is now a member of the Washington county Bar.

J. W. Hudson, present County Superintendent of schools, resides at Ash¬ ley, and practices law in the courts of Washington county. Mr. Hudson is a man of culture, well educated in his profession, and possesses those traits essential to success iu the profession of law - studious habits and sound per¬ sonal character.