Cass County, Missouri - Chapter 31: Bench and Bar, 1917

The characteristics of the very early bar of the county is at this date forever lost. The names of some are recalled. There is Joel Snyder, E. P. West and Charles Sims, recalled as resident lawyers. Russell Hicks, Abraham Comingo, William Crissman, J. Brown Hovey, Judge Henderson Young and the Mills and Sam C. Owen, and others whose names have passed out of memory, who made the circuit of our county from Independence and Lexington. These towns were, at an early day, the center trade and the seat of distinguished jurists, doctors and clergy¬ men. All of these men were strong in natural traits as well as learned in the law. In many characteristics have never been excelled by their suc¬ cessors. They left their imprint on the growth and development of the county. In later years, and in some respects cotemporary with these came R. L. Y. Peyton, R. 0. Boggess, W. J. Terrell, H. P. Mather, James S. Wooldridge, Mr. Parker, Moses Bowden, Josiah Bowden, John F. Lawder, Mr. Hines, J. R. Cline, H. Clay Daniel, who at diverse times resided at Harrisonville, and John L. Morrison, Robert Adams and L. M. Trumbell, who resided at Pleasant Hill.

Bird, A. L. Burney, W. D. Summers and George M. Summers, Samuel W. Hoover, J. R. Nicholson, Allen B. Glenn, Leslie M. Crouch, John A. Davis, Charles W. Hight and doubtless others now overlooked, all resided in Harrisonville. At Pleasant Hill there resided Allen M. Sterns, T. H. Cloud, Porter, Leslie A. Bruce and George R. Chamberlin. At Belton, James H. Houston, W. P. Houston, George B. Strother, Charles M. Wil¬ liams and Samuel B. Strother. R. H. Ross resided at Creighton. Joseph H. Page near Garden City. A. L. Graves and James W. Denny at Garden City and J. J. Berry at Archie.

Among these attorneys there were many unique characters, and some arose to that degree of distinction requiring special mention. West and Snyder of the very early date, neither of whom were specially dis¬ tinguished by great acts and deeds, but both of strong mind and forceful characters. Both did much in their quiet ways to shape the destinies of the country, and each were credit to the country, to their homes and to the times in which they lived. Sims was probably one of the most influential men of the list named. Reared in the country, with limited education, with few books and without extensive experience, pushed him¬ self to front at the bar and in politics. In 1846 Sims ran against Hugh G. Glenn for the State Senate and was elected by eight votes. The dis¬ trict then composed of nearly a quarter of the State in area, in south¬ west Missouri. As a member of the legislative body of the State, Mr. Sims was an active and influential member. His ability was always considered high. Sims was nominated on the dominant party ticket for lieutenant governor of the State in 1856, but refused to accept the nomination. He was tricky in his law practice. It is told of him that, called to defend a man charged with murder, the defendant was also wounded slightly in the fight. When Sims arrived at a country home, he found the prisoner under guard by the sheriff and a deputy. He pronounced his client dangerously Vwounded, sent the sheriff? for the prisoner's mother, a few miles off, and after the sheriff was gone, sent the deputy in posthaste for a doctor. When the sheriff with the mother, and the deputy with the doctor arrived, the prisoner, well armed, on a fleet horse of Sims was several hours ahead on his way to Texas. This prisoner never was heard of. Sims became wealthy, for wealth of those days. He moved to New York City, lost his property and some¬ time after the war of the rebellion returned to western Missouri. In later years drink got the best of him and he met an untimely death. He was his own murderer.

R. L. Y. Peyton was born in old Virginia in 1822. Disappointed in an early love affair, he drifted west and settled in Cass County, Missouri, as early as 1844. Peyton was a highly educated man, having attended the best colleges of the east. A thorough classic scholar. He was a polished gentleman and a brilliant orator. He at once took high rank as a lawyer in western Missouri. Especially was he recognized as a great orator and advocate. He ranked with such men as Hicks, Young, French and Ryland of his day. These men were eminent in ability, learning, integrity and everything that goes to make men great in character and grand manhood. Notwithstanding he had been brought up in luxuries, and 'midst all the refinements and social pleasures of Virginia's oldest aristocracy, and by such rearing and training was so w'ell fitted both by nature and education to shine in, and adorn society, after settling here he became a recluse and for years rarely entered society at all. His fame so spread that he soon became engaged in the most important trials, both criminal and civil, in the surround¬ ing counties of Pettis, Lafayette, Jackson, Johnson, Cass, Henry, Bates, Vernon, Hickory, St. Clair, Polk and Cedar.

In those days the lawyer traveled the circuit. In 1858 he formed a law' partnership with R. 0. Boggess, which continued until Mr. Peyton's death. Peyton w'as always gentle, kind, affectionate and pure in thought and yet as ambitious as any man. His ambition was kind in character and so as never to offend. He was ambitious to enjoy the confidence of the people, employed in the public service, in the field of thought, the halls of legislation, the judicial forum, where his great genius as an orator and advocate might shine and reflect its benefits upon people for w'hose peace, happiness and prosperity his soul ever yearned. He used no blandishment common to the ordinary politician. His efforts for promotion w'ere based solely and confidently on his own merits. He never married - had no family - had no ambition to accumulate wealth. His w'ants w'ere simple and few, a sufficiency of this world's goods to supply them, satisfied him. Being thus easily satisfied he rarely, if ever, exhibited any great degree of energy in business. Some considered him physically lazy. He never did today what could be postponed to another date. Persons entrusting business to him sometimes became fearful he wras not looking after the details. Nothwithstanding this seeming carelessness he never forgot and never neglected proper prep¬ aration for the skillful and generally successful trial of the cases com- mitted to his charge. His library was small. In those days elementary books were mostly used and he had in his early studies mastered the principals laid down. When he referred to opinions or precedents, he generally took one leading and controlling case. He wrote few instruc¬ tions and what he did write read like a paragraph from an essay. His powers of generalization and presentation of facts, with his captivating and persuasive style of oratory, were such as hardly any adversary could meet, or jury withstand.

Peyton at one time became a candidate for circuit attorney and was beaten by Samuel L. Sawyer of Jackson County and in 1855 became a candidate for the State Legislature and was beaten by Joel Snyder. His defeat in each instance was explained by his getting into the race too late. In 1858 he was elected to the State Senate. He distinguished himself in the State Senate as he has always done at the bar. He was a Democrat of the Calhoun school. He never doubted but Hayne had the best of the struggle, in his memorable debate with Webster. It follows he was a secessionist and cast his fortunes with the South. He entered the Confederate army, but his military career was short. He was elected to the Confederate Senate from Missouri, by the Legislature, convened at Neosho, early in the winter of 1861. He served well in the Confederate Senate, taking high station in all the big things done by that body. He died a comparatively young man in Alabama in 1863. He seemed to foresee the magnitude of that fearful struggle. He said to a friend on his departure for Richmond, Virginia, that "the man with a beard would be fortunate who lived to see its end."

Noah M. Givan was born in Dearborn County, Indiana, December 1, 1840. He was educated at Franklin College, Indiana, and the Univer¬ sity of Indiana at Bloomington. He taught school in Indiana in his younger days. In 1865 he was editor of the Lawrenceburg Register. He held the office of school examiner for three years in his native state and served as deputy county treasurer of Dearborn County for two years. In 1866 he removed to Harrisonville, Cass County, Missouri, and in 1867 became editor of the Cass County Herald or sometimes referred to as the Democratic Herald, the first Democratic paper in Cass County after the war. He was in the active practice of the law until 1877 when a successful and just judge. During his active practice he was one of the foremost practitioners and always recognized as an able high minded and fair advocate. He was a consistent Democrat from the day of his first vote to the day of his death. He was married to Lizzie Jackson on August 7, 1862. His wife was likewise born in Dearborn County, Indiana, on January 15, 1810. There were four children born of this union, only one of whom survive, Mabel G. Allen, a daughter. Judge Givan was reared a Baptist, and lead a consistent Christian life to his death. His widow is now a member of the First Baptist church of Harrisonville, Missouri.

In 1868 he was delegate to the National Democratic Convention in New York, which nominated Seymour and Blair, for president and vice-president. Givan casting his ballot for Hon. Thomas A. Hendricks throughout the session. He was a prominant Mason, known through¬ out the State. He passed the grades of Masonic offices to the highest in the State. He held all the offices of the local Masonic bodies of Harrisonville.

He was a member of many orders of the State whose purposes were the uplift of humanity and glory of God; he was clerk of Blue River Association at its meeting with Lone Jack church in 1874. He served as moderator of Blue River Baptist Association continuously from 1892 to the date of his death. No more faithful and efficient servant of the Master ever lived. His time, his strength, and his means, were ready whenever need appeared. He did not wait for opportunities to do good - he sought to find some opportunity to make the world and community in which he lived, a better place for all mankind. The local church of which he was a member owes much of its present efficiency to Judge Givan's care, oversight and labor, always freely given that his Master might be honored and His cause glorified.

He passed to his reward, in the prime of life and usefulness, at St. Louis, Missouri, in October, 1907. No higher eulogy can be paid man than to say "He was a good man and will ever be affectionately loved by those who knew him" and remembered by their children and children's children. This can be said of Judge Givan. Indeed he was a Christian gentleman, a fair and wise judge an excellent lawyer and an exemplary citizen.

Charles W. Sloan was born in Lafayette County, Missouri, on December 24, 1842. He was of Scotch-Irish ancestry. His father, Robert Sloan, was born in Tennessee and moved to Cass County, Mis¬ souri, in early life. The father of Judge Sloan was a Presbyterian min- ister and his mother, Margaret Davidson Ewing Sloan, was a Presby¬ terian and known well wherever their church was known. The Ewings, ancestors of Judge Sloan, were known and recognized as the organizers of the Cumberland Presbyterian church.

Judge Sloan was reared on his father's farm near Peculiar, Cass County, Missouri. His education was obtained at the common schools of the county and the Jefferson City high school. He studied law in the office of his uncle, Judge Ephraim B. Ewing, at Jefferson City. In those days it was the custom to learn law in a lawyers office instead of a law school. The present day preparant for the law has much the advantage over the old time law student.

During the war Judge Sloan was much about Jefferson City, St. Louis and Kansas City. It was quite unhealthy for males near man¬ hood to be in the country. Maurading bands, claiming to one person to belong to one side of the unfortunate struggle, and to another to belong to the other side, all the time being the same murdering thieving band.

In 1866 with R. 0. Boggess opened an office in Harrisonville to practice law and made a success in his profession. He was a Democrat in politics. He united with the Cumberland Presbyterian church in 1870, the church of his parents. All know how well and faithfully he served this church at Harrisonville to the day of his death. He literally fell asleep in the harness of his Master.

Judge Sloan was a Mason in high standing, having passed to all the grades of office in the several Masonic bodies of the county up to and including the Knights Templar. Long and well did he serve the commandery as its prelate. He was married twice - first to Miss Alice Pat¬ ton, April 8, 1875. This wife died December 10, 1875. No children survived this union. He was married the second time on the 30th day of January, 1880, to Miss Jennie Todd.

Judge Sloan died at his home in Harrisonville in the active prac¬ tice of his profession at an advanced age on the 17th day of May, 1916. He was elected and presided as judge of the Seventh Judicial Circuit of Missouri from 1886 to 1892. He was a just judge, and all who knew him loved him for his upright character, whether in public or private life. He left surviving him his widow, Mrs. Jennie Sloan, an unmar¬ ried daughter, Miss Helen Todd Sloan, and a married daughter, Mrs. Florence S. Vaughn, and Mrs. Vaughn's four children.

Daniel K. Hall, one of our early lawyers, was a native of Indiana. He was born in Dearborn County, that State, on September 5, 1843. He practiced law in Harrisonville for many years and for the most of that time was a partner of his nephew, the late Judge Noah M. Givan. Captain Hall was reared in Indiana and educated at Franklin College of that State, and also attended the Danville Academy at Danville, Illinois. He taught school to work his way through college. He studied law in the office of A. E. Payne, of Monmouth, Illinois, for six months and after that became a student under and in the office of J. T. Morgan. He was admitted to the bar by the Supreme Court of Illinois in May, I860. He began the practice of his profession at Taylorville, Illinois.

In the month of July, 1861, his practice was cut short by enlisting in the Federal Army. He was soon commissioned first lieutenant of Company G, Forty-first Illinois Regiment. He participated in the fol¬ lowing battles of the war: Fort Donelson, Pittsburgh Landing, siege of Vicksburg and Jackson, Miss. He was wounded in the hip and was compelled to retire from active field duty. In May, 1864, he was com¬ missioned commissary captain, which office he filled to the close of the war.

Mr. Hall returned from the war to his old home, thence removed to Mercer County, Illinois, and after a short residence there came to Cass County, Missouri, where he made his home to the date of his death. He was a successful lawyer until 1880, after which year he gradually gave up his practice to care for his estate. By thrift and hard work Captain Hall accumulated quite an estate. At his death his estate ex¬ ceeded a quarter of a million dollars.

Politically, Captain Hall was a Democrat, religiously he was a faith¬ ful Baptist. Whenever his church needed money the Captain was ready and cheerfully furnished more than his share. He was not constituted to be active in such affairs, but he was ever ready to show his love for his Master and his Master's cause by liberal contributions to the church as well as all other deserving needy causes.

Captain Hall was married to Miss Lou J. Hawley on March 17, 1867. Captain Hall passed to his reward on the 18th day of February, 1905, and left surviving him his widow, Lou J. Hall and children, Mrs. Iza Elder, Charles R. Hall, Delmar K. Hall, Sabrina Runnenburger (now' deceased), and May H. Deacon.

state. When about 27 years of age he removed to Missouri, locating in Johnson County. We find him in Harrisonville, this county, in 1858, studying law in the office of Judge Elias P. West. In 1859 he was ad¬ mitted to the bar and followed the practice of his profession with suc¬ cess until his death on the 28th day of January, 1913. Mr. Wooldridge served in the Southern Army during the war of the Rebellion, returning to his adopted State at the close of the war. For a time he followed farming for the reason that southern soldiers were prohibited from fol¬ lowing professions, but after a short time resumed the practice of the law at Harrisonville. For several years he was a partner of H. Clay Daniel. On the creation of the office of prosecuting attorney he was elected to that office and served in that capacity during 1873 and 1874. Wooldridge was not considered a brilliant lawyer, however, he was con¬ sidered safe and reliable.

He was twice married, first in 1862 to Sallie J. Moffett, who died August 27, 1875. Of this union five children were born. None of them survived him. In May, 1876, he married Miss Sallie F. Horn, who sur¬ vives him. To this union two children were born and both are now living. Of James S. Wooldridge it can be truthfully said he served his county and age well and was a useful citizen.

Robert Tarlton Railey was born in the State of Louisiana, Jan¬ uary 19, 1850. His father removed to this county in about 1855, where Robert was reared to manhood. During this period, however, his father moved to several different states always returning to Cass County. Young Railey was educated in the common schools of this county, the Christian Brothers' School at St. Louis and the State University of Mis¬ souri at Columbia.

Railey studied law in the office of his brother-in-law, R. 0. Boggess, and was admitted to the bar in 1873. In 1874 he became a law partner of James Armstrong. This was soon terminated. In 1874 he and Judge Charles W. Sloan entered into a law partnership. This continued until 1878 when Railey and his brother-in-law, R. 0. Boggess, formed a part¬ nership which ended in 1881. Afterwards he practiced law as partner of James T. Burney under the style of Railey & Burney. Railey served for several years as attorney for several of the largest railroads of the State. In about 1910 he took charge of the Missouri Pacific Railroad business for the State and removed to St. Louis.

In 1915 he became a commissioner of the Supreme Court of Missouri and is occupying that office to this day. Hailey was always an able, aggres¬ sive lawyer, leader of the bar of the county in his later years here and at all times acknowledged to be one of the foremost lawyers of west¬ ern Missouri. Since his election to the Supreme Bench his opinions have proved to be strong and ably written. It is said of him he turns off more business than any judge or commissioner of the court. He was always a hard worker, industrious and studious.

Mr. Hailey is a Mason of high rank and a Methodist in his religious beliefs. He was married in 1874 to Martha S. Beattie, a daughter of Dr. Thomas Beattie, of Harrisonville. Only one child was born to this union, Thomas T. Hailey, who is now in the practice of the law in St. Louis.

William J. Terrell, one of our early lawyers, was born in Trumbull County, Ohio, in 1834. He came to Harrisonville, September, 1865. Mr. Terrell was a Republican in politics. His convictions were strong and partisanship bitter. He descended from distinguished ancestry of the old patriotic days of revolutionary times. He was educated in the schools of his native State and finished in the law at Michigan University. He taught school in his earlier days as an aid to get through school. He was admitted to the bar at Detroit, Michigan, in 1865 by the Supreme Court of that State.

Soon after his admission to the bar he landed in Harrisonville, and as long as he lived among us he was a strong personality in the shaping of our civilization in this county. He was a fighter at the bar and was, after a hard struggle against opposition, a decided success. He was much loved by his political friends and bitterly hated by the opposition. He did not always make a good impression with the people, but the writer personally knows he was deserving of much more credit as a citizen than he ever received. He was foremost in his efforts to better the school sys¬ tem. He served as Superintendent of Public Schools of the county in

1872. He was a member of the Methodist Church and he and his wife were for years the stay and support of this church. He was a Mason and ranked high in that order at one time officiating as grand commander of Knights Templar of Missouri. He held high office in quite a number of benevolent and fraternal orders of the State. His life tended to the uplift of humanity.

had any children of their own. However they adopted and raised sev¬ eral children. By untiring attention to business, strict integrity and economy, Terrell has demonstrated the truth that he who wins must work, and he who works will win. In the eighteen eighties Mr. Terrell and his wife moved to Ohio, thence to other points in the East, finally landing in the State of New Jersey. In this last State he departed this life, about a year ago, leaving his now aged wife surviving him.

John L. Morrison, a lawyer of the pioneer days, a man of no little ability, unique in character, blunt in words and withal a big-hearted old bachelor, resided in the days of his practice at Pleasant Hill, Missouri. Little is known of him at this date. It is a shame, too, so little is pre¬ served of the life of this man. He meant much to Pleasant Hill and country in his time. At the time of his active practice his face was familiar about the county seat. He would fill his pockets with his client's papers and business and come by stage, or horseback, or buggy, to the county seat, attend to the cares of his clients and wend his way home-* ward. He was a hard worker. He never received credit commensurate with his real worth. He did much work, charged little for his services and as usual, died poor, with but little care from those for whom he had done much.

Andrew A. Whitsitt was born in Mt. Sterling, Kentucky, February 1, 1856. He was educated in the common schools of his native State and Indiana, and at the DePauw University at Greencastle, Indiana. Prior to 1880 he removed to Missouri with his father and grew to manhood on a farm near Peculiar town.

He was admitted to the bar July, 1881. He was elected and served as Prosecuting Attorney for the county from 1893 to 1897. He was elected and served as judge of the Seventeenth Judicial District from 1911 to 1917. He was one of the most laborious working lawyers and judges in Missouri. Few of his decisions were ever reversed by the higher courts. He was married in 1888 to Miss Mary Tatum. To this union two children were born, both of whom are living. Judge Whitsitt is now, on his retirement from the bench, in the practice of his profes¬ sion at Harrisonville.

Other lawyers have come, served and gone, and some yet remain. About all much might be said to interest the future lawyers and laymen of our county, but space forbids to further proceed here. It is for the future historian to tell the story of the present lawyers' and judges'

The Circuit Judges who have presided over the judicial districts in which Cass County was a part are: John F. Hyland, 1835 to 1849; Hen¬ derson Young, 1849 to 1854; William T. Wood, 1854 to 1856; Russell 1863; Chan P. Townsley, David McGoughey, Foster P. Wright, Noah M. Hicks, 1856 to 1859; Robert G. Smart, 1859 to 1860; John A. S. Tutt, ( i i van. Chas. W. Sloan. W. W. Wood, William L. Jarrott, Nicholas M. Bradley, Andrew A. Whitsitt and Ewing Cockrell.