Lafayette County, Missouri - Chapter 13: The Bench and Bar, 1910 (part 1 of 2)

Lillard county, which was established by legislative enactment of date November 16, 1820, was on the 25th day of the same month, in the act establishing judicial circuits and prescribing the time for holding courts, made a part of the first judicial circuit of Missouri. Judge David Todd, of Franklin, Howard county, was commissioned as judge of this circuit on December 5, 1820, by Governor Alex. McNair, and a few days later Hon. Hamilton R. Gamble, afterwards governor, was commissioned as circuit attorney for this circuit. In the act establishing the county, the county seat was fixed at Mount Vernon, a little village near the mouth of Tabo creek, which remained the county seat until 1823, when it was removed to Lexington, and at that time to that part of it now known as "Old Town."

Among other institutions of the town of Mount Vernon was what was known in those days as a "tavern," corresponding to the hotel of today, where "entertainment for man and beast" was furnished to the public, the former including that of a liquid nature. To this hostelry came from St. Louis the newly-fledged Judge Todd and Circuit Attorney Gamble, who on February 12, 1821, at the hour of ten o'clock A. M., with the assistance of Young Ewing, clerk, and William R. Cole, sheriff, opened the first circuit court held in the territory now known as Lafayette county and inaugurated the reign of law in our precincts. A grand jury was empaneled, which brought in six indictments for assaults and affrays, a petition for a divorce, which was more of a novelty in those pioneer days than now, and a few other suits, were instituted. Besides the circuit attorney, Judge Peyton R. Hayden, then a young lawyer but afterwards judge of the supreme court, and John T. McKinney were enrolled as attorneys and attended that term of court, which lasted only two days. Judge Hayden was from Boonville, and while it is not known to the writer, it is probable that Mr. McKinney was from Old Franklin, then and for many years noted for its numerous lawyers comprising many of the leaders of the Missouri bar.

Judge Todd served as judge of this circuit until the year 1831 and was about the best known nisi prius judge in the state, his circuit including the rich river counties as well as St. Louis. He was a Kentuckian by birth, educated at the Transylvania University in Lexington, Kentucky, studied law in the office of Judge Bibb, then one of the most distinguished lawyers in his state, where he was admitted to the bar in 1810. He served as captain under General Harrison in the war of 18 12, represented his county (Fayette) for several years in the Legislature and removed to this state soon after its admission into the Union, where he located at Franklin. The last thirty years of his life were spent at Columbia, where he died in 1859 in his seventy-third year. He was a fine-looking man, with black eyes and hair, an entertaining conversationalist and graceful and easy in his manners. Having a fine memory, he was well versed in literature and science as well as the law, and with a vigorous and well-balanced mind, he was eminently successful in his profession, and was an impartial, upright, and conscientious judge.

Of Governor Gamble, with a state-wide reputation, having served as judge of the supreme court as well as other important offices, it is hardly necessary to make more than a passing mention. He was born in Winchester, Virginia, November 28, 1798, was educated principally at Hampden Sydney College, and attained a large practice in his profession in St. Louis where for years he was retained in almost every important case, following many to the supreme court of the United States, where he was well known as a jurist. He died at his home in St. Louis January 31, 1864.

Like Governor Gamble, Judge Peyton R. Hayden was well-known throughout the entire state. He was born near Paris, Kentucky, February 8, 1796, and had only a common school education, and then turned his attention to the study of the law, when a lad of fifteen. He removed to this state in 1817, at first settling in Cape Girardeau, but soon after changing to old Franklin. He was licensed by the supreme court to practice law in 1819, in which year he married a sister of the late Judge Wash. Adams, of Boonville, where he immediately located and resided there until his death, on December 26, 1855. As a lawyer he was one of the ablest in the state, was a strong, vigorous and argumentative speaker and very successful in the practice of his profession. He limited his reading to books of his profession, paying no attention to newspapers, by reason of which his knowledge of matters outside the law was very imperfect. He was quite a wit. Upon one occasion he was arguing a case in the supreme court, when Judge Tompkins interrupted him by saying: "Why is it, Mr. Hayden, that you spend so much time in urging the weak points of your case, to the exclusion of the more important ones?" "Because," replied Mr. Hayden, "I find in my long practice in this court that the weak points win fully as often as the strong ones."

We thus see that the nucleus about which the bar of this county formed and grew from time to time was composed entirely of outside lawyers and it is more than probable that there was then not a single resident attorney in the county. Not every county could support a resident attorney, and nonresident attorneys traveled the circuit and took cases there to furnish them with a line of practice. In those days the people were poor and illy supplied with ready money, fees were small and many of them were paid in trade, a horse most usually, or a cow or other product of the farm being the medium of trade.

The next term at Mount Vernon was held for three days, commencing in June, 1821. There were admitted at that term George Tompkins, afterwards and for many years presiding justice of the supreme court, Cyrus Edwards, John S. Brickey, Abiel Leonard, Armstead Grundy, Cornelius Burnett and Dabney Carr, all "circuit riders," as were their predecessors, coming principally from Franklin and St. Louis.

Judge Tompkins was born in Caroline county, Virginia, in March, 1780, obtained a common school education in that state and removed to Kentucky in his early manhood, and during all this time storing his mind by extensive reading, including such law books as fell in his way. From Kentucky he came to St. Louis, where he taught school and pursued his legal studies. In 18 16 he removed to old Franklin and entered into the practice of the law. He was judge of the supreme court from 1824 until 1845, wnen he was retired on account of his age reaching the constitutional limit, sixty-five years. He died on his farm near Jefferson City on April 7, 1846. As a lawyer he was very successful, was a fine jurist and of spotless integrity. His opinions show much learning and legal research for those days when books were not plentiful. On the bench he was at times sarcastic and irritable. He dressed very plainly, but could not tolerate slovenliness in others. To a lawyer arguing a case before the supreme court he said, as the hour of adjournment drew near, "Mr. Mendell, it is impossible for this court to see any law through as dirty a shirt as you have on, and this court will now adjourn until ten o'clock tomorrow morning, to give you a chance to change your linen."

John S. Brickey was born in Richmond county, Virginia, November 2, 1 79 1. His father being poor, he only received an ordinary country school education. At the age of eighteen he started west, teaching in the western part of his native state, then to Tennessee, then to Missouri, finally reaching

St. Louis, where he studied law under Edward Hempstead, Esq. On being admitted to the bar he located in old Franklin, from which he traveled the circuit with the other lawyers and from which he took cases in this county, then Lillard county. He held several offices, the highest being that of presidential elector, casting his vote for Mr. Monroe, whose name has become famous through the "Monroe doctrine," so much talked of in these late years. As a speaker he was fluent, pleasant and captivating and especially strong as a jury lawyer. He was diminutive in stature, being only five feet and three inches in height, but that did not lessen his powers before a jury. He lived in Potosi, Washington county, the most of his life, moving to a small farm near St. Louis towards the end, where he died in 1872. He were long hair and beard which in old age became perfectly white and gave him quite a patriarchal appearance.

Abiel Leonard, afterwards one of the great lawyers of the state and serving for a short time as judge of the supreme court, which he was compelled to resign from ill health, was born in Windsor, Vermont, May 16, 1797, and was sent to Dartmouth College to be prepared for the ministry. He soon changed his intentions and selected the law as his profession, but left college after a stay of three years, on account of ill health. In 1816 he commenced the study of law in the office of a prominent law firm in Whiteboro, New York, and was admitted to the bar in 18 18. In 18 19 he came to St. Louis, from whence, after a stay of a few days, he went to old Franklin, making the journey on foot. On this journey at St. Charles he met Peyton R. Hayden, then, like himself, a young lawyer looking for a location, and soon these two men were leaders of the bar, being on opposite sides in almost every important case. Judge Leonard was one of the most thorough lawyers ever enrolled in the state ; he was no orator, his voice was harsh and coarse, he was small, being only five feet and four inches in height, and weighing only about one hundred pounds, insignificant, even homely, in appearance ; but his masterly logic, his extensive learning and his truthfulness and earnestness won success despite these personal drawbacks. He was a Yankee besides, but after killing Major Berry in a duel arising from this fact it was never urged against him any further. From Franklin he removed to Fayette, which remained his home until his death, on March 28, 1863.

The writer can get nothing concerning the personality of the other lawyers then enrolled, nor of Amos Rees, who was admitted at the October term, 1822, although the latter was well known to the lawyers practicing before the war at this place. It is probable that he was the first resident attorney of this county, as he was acting attorney-general in the prosecution of criminal cases during the years 1827 to 1831, and up to the 6th day of June, 1831, when he entered upon the discharge of the duties of circuit attorney, he being duly appointed by the supreme court to that office in March of that year.

At the March term, 1822, Young Ewing, clerk of the circuit court, produced in court a seal provided by him for the court, which was approved by the court. The design was a plow and an axe, which is still retained, and the lettered inscription, "Missouri, Lillard Circuit." At the July term, 1822, Duff Green was admitted to practice, of whom we have no history, except that after a short stay west he went to Washington, where he became a noted editor and writer.

On St. Patrick's Day, March 17, 1823, the circuit court was removed from Mount Vernon to Lexington, and was first held at the house of Doctor Buck. This was said to be the first house built in the town of Lexington; it was on the west end of lot 60 on the north side of Main street (now South), and was standing in 1876 when the writer wrote the Centennial history of this county. Just across the street, on the southeast corner of Main (or South) and Twenty-fourth streets, where formerly stood for so many years the hotel called the "Lafayette House," stood then the tavern of Elisha Green, in which the circuit court was also held until the building in 1824-25 of the first court house in the public square in old Lexington. This was a brick building built by Col. Henry Renick, but it was poorly constructed and it was finally condemned, sold and July 4, 1832, was celebrated by tearing it down.

On July 22, 1823, John F. Ryland, afterwards judge of the supreme court, and William D. McRay were enrolled as members of the bar, the first enrollments noted in the Renick court house; of Mr. McRay we have no history.

Judge John Ferguson Ryland was born in King and Queen county, Virginia, November 2, 1797, and at the age of twelve the family moved to Kentucky where his father shortly died, in meagre circumstances. He was fond of books and study and his mother sent him to Forest Hill Academy in Marion county, Kentucky, where he secured a classical education, including a thorough knowledge of Latin, which he kept up through life, reading it fluently in his old age. He read law in Kentucky with Judge Hardin and came to old Franklin, this state, in 18 19, and entered upon the practice of the profession he so greatly adorned. On February 7, 1831, having been appointed as judge of this circuit, then the sixth, he held his first term of court, succeeding in office Judge David Todd, and removing to Lexington from old Franklin upon his appointment to this office. Lexington was his home during the remainder of his life. Judge Ryland was judge of this circuit for eighteen years and until 1848, when he was appointed as one of the judges of the supreme court, which office he held until 1857, when he returned to the practice, taking as his partner his son, John E. Ryland, afterwards for so many years the judge of the criminal court of this circuit. He was elected to the Legislature in 1866, but resigned after serving one session as the work was distasteful to him. Judge Ryland was a member of the Old School Presbyterian church, a Democrat and a Mason, holding the office of grand master of the grand lodge of Missouri for one term. He was married twice, raising a family of twelve children, three of whom became eminent in the profession of their father. He died at his home in Lexington on September 10, 1873, after a long life of usefulness and distinction.

On July 16, 1827, Robert W. Wells, the attorney-general of the state, was admitted to practice, it being a duty of that officer in those days to prosecute important cases in the lower courts. He was born in Winchester, Virginia, in 1795 and removed to St. Charles, Missouri, after acquiring his profession, about 1818 or 1819. He was the first circuit attorney in his circuit after Missouri became a state and was appointed attorney-general on January 21, 1826. He was reporter of the supreme court during his term of office, that being one of his official duties. Upon retiring from the office of attorney-general he was appointed as judge of the United States district court for the district of Missouri, which he held until his death, April 2, 1865, at the ripe age of nearly seventy years. The attorney-general could not attend all courts in those days and assistants were appointed from the local attorneys, and it may be of interest to know about their duties and pay. Amos Rees, who has been mentioned before, did a good deal of this work and on November 19, 1828, Judge John F. Ryland was appointed to assist him in the prosecution of John Mays, charged with grand larceny. He was found guilty, was sentenced to pay a fine of one hundred and fifty dollars, to "whipping thirty-nine stripes on his bare back and to stand in the pillory thirty minutes!!" Mr. Rees was allowed eight dollars (why eight?) for his services, but it does not seem that Judge Ryland received anything, which is not the way with such cases in these later times.

On March 16, 1829, Joseph Davis was admitted to practice and on July 27th of the same year John D. McRay. Of the latter we have no record, but "Joe Davis," as he was known, was a prominent lawyer and politician. He was born in Christian county, Kentucky, January 14, 1804, and came to Missouri with his parents in 1818. Having obtained a good common school education, he pursued his law studies with Gen. John Wilson, of Fayette, and Hon. Edward Bates in St. Louis. He was licensed to practice law when he attained his majority and opened an office in old Franklin, but soon returned to Fayette, where he remained through life and died in 1871. He served many years in the Legislature, but was defeated for Congress, being a Whig and living in a Democratic district. As a lawyer he was very successful and enjoyed a large practice.

At the July term, 1830, Thomas J. Givens, Alexander W. Doniphan and William T. Wood were admitted to practice and at the November term Charles A. Vieder. Of Mr. Givens and Mr. Vieder we have no information, but the other two were very prominent in after years.

General Doniphan, as he was better known from his command of the celebrated "Doniphan Expedition" to Mexico, settled in Lexington at the time of his enrollment, and lived here for several years, removing afterwards to Liberty and then to Richmond, where he died at an advanced age several years ago. General Doniphan was strong and vigorous mentally and physically, being almost a giant in stature. He was a fine speaker and his success in his profession was largely due to that, oratory being an important part of the lawyer's equipment.

William T. Wood, afterwards three times judge of this judicial circuit, removed to Lexington in 1839 and was the fourth judge of this circuit, serving twice in this capacity afterwards. He enjoyed a fine practice and succeeded Judge Henderson Young upon the circuit bench in 1855. He went to St. Louis in 1856 and practiced law there for several years, returning to Lexington about 1865. He was elected circuit judge again in 1868 but did not get his office until March 1, 1874, when Judge Townsley was ousted by the supreme court, Judge Wood having been counted out by "Count" Rodman, and was again elected to this judgeship in 1874, which place he held until December, 1881, when he retired on account of his advancing age. Judge Wood was a Democrat, a member of the Old School Presbyterian church, a good citizen and kind neighbor and as a judge he enjoyed the confidence of the people, as is evidenced by his many years upon the bench. Judge Wood was in Kansas City in 1880-82 where he was engaged in important real estate litigation. He was married three times and outlived all of his wives, dying at the home of a daughter in Lexington, May 11, 1902.

Judge Todd held his last term of court here in November, 1830, and Judge John F. Ryland held his first term as successor in February, 1831. At the June term, 1831, Russell Hicks was admitted to practice at this bar. Judge Hicks, as he was better known, having been circuit judge of this cir- cuit from Jackson county, before the war, was born about the close of the eighteenth century in Worcester county, Massachusetts. His parents were poor and his education limited as he had to work a part of the time to pay for his schooling and support himself while at his studies. He came to this state and spent a short time in St. Genevieve and St. Louis as a common laborer. He then came to Saline county and engaged in cutting cord wood, and at this time conceived the idea of studying law. He borrowed law books and studied them at night, performing manual labor in the day. He was admitted to the bar and went on foot to Independence where he opened a law office. His worth soon attracted attention and he was elected circuit judge in 1856. Although a Northern man, he was a very active secessionist and left Independence about the beginning of the war and went to St. Louis, where he was not very successful. After the war he went to Sedalia and formed a partnership with John F. Phillips and George G. Vest, which was of short duration. He finally settled in Warrensburg, where he died in 1875. Judge Hicks was one of the most remarkable men we have ever had in the state. In natural ability, vigor of thought and close logical reasoning he had few rivals. He was an attractive speaker and had the power to control men. He was a large, heavily-built man, with dark coarse hair, and high cheek bones and looked as if of Indian blood.

From July, 1832, to July, 1833, during the construction of the second court house to take the place of the Renick building, court was held in the houses of Jesse Nave, Benedict Thomas and Mrs. Jones in the old town of Lexington. The new court house was a large three-story brick building, well built and commodious, and was the seat of justice until 1847, when the present building was built by Hunter & Alford, brick masons, with the stone work by James A. Crump. The year 1833 marked the enrollment of Richard R. Rees as a member of the Lexington bar and the advent of Judge Eldridge Burden. Of Mr. Rees I can get no information.

Judge Burden was born in Nicholas county, Kentucky, on December 2j, 1802, where he was left a penniless orphan at the age of seven. Gov. Thomas Metcalf assumed his guardianship and he was adopted as a member of the Governor's family. He was educated in Transylvania University in Lexington, Kentucky, from which he was graduated from the law department in the year 1833, removing the same year to this city. The Judge was prominent in politics as well as the law and was the leader of the Whig party for many years. He served eight years in the Legislature, was three times elected as president of the State Bank at Lexington and for twelve years judge of the probate court of this county. The Judge was likewise a Mason, a member of the Christian church and was prominent in all public and business affairs of his time. The Judge was well versed in the law, had an eminently judicial mind and possessed the esteem and confidence of his fellow citizens. He was married October 26, 1837, to Miss Patsey T. Waddell, who preceded him to the grave many years and died himself on January 30, 1898, leaving an only son, John E. Burden, who follows the profession of his honored father.

Judge Henderson Young also located in Lexington in 1833 and entered upon the practice of his profession. He was born in Tennessee, was circuit attorney in 1841, circuit judge of this circuit in 1848, which office he held until his death, in 1854, at the early age of forty-three. He was the father of Judge William Young, the editor-in-chief of this history, and as a sketch of his life is published elsewhere in this book, no further mention is made here.

In 1839 Charles French, one of the most noted lawyers of this county as well as state, settled in Lexington, where he remained until his death. Like so many of the pioneer lawyers of this state, he was a New Englander, being born in Dunstable, New Hampshire, about the year 1797. He received a good English education, though not a collegiate one, studied law there and removed to Missouri before he attained his majority ; received his license here and located at old Franklin with the notable colony of lawyers which congregated there. From there he came to Lexington. He was a well-read lawyer, well versed in pleading, growing very indignant upon the introduction of the code, but became more mollified when it was adopted in its present form. He was not an orator in the light of these days, but in speaking, his style was strong, lucid and convincing. Before both court and jury he was always impressive. He was about six feet in height, of fine personal appearance, well proportioned and readily attracted those who saw him. He was rather reserved in his manner, but was very approachable and his attachment for his friends was warm and steadfast. He never married. His mind became deranged in the latter part of his life and he committed suicide by cutting his throat while visiting on the Powell farm south of what is now Mayview in November, 1859, being about sixty-five years of age at that time.

In December, 1841, William S. Field, Worthington Larsh and Frederick Greenough were admitted to practice. Mr. Field continued to practice his profession in Lexington until the breaking out of the war between the states. at which time he removed to St. Louis. He had a very good practice and stood well at the bar. In St. Louis he did not do so well, but managed to maintain himself until extreme old age, when he died, which was but a few years ago. There was a well-known family named Larsh living in this county many years ago, and this Mr. Larsh was a member of it, being the son of Abram Larsh. Judge Waller W. Graves' father, Abram Larsh Graves, was a member of this family and the Judge was born and spent his childhood in the neighborhood of what is now Corder. Abram L. Graves, Esq., was a nephew of Worthington Larsh. Worthington Larsh does not appear to have figured much as a lawyer.

Fidelio C. Sharp, who became one of the most eminent members of the Missouri bar, came to Lexington a young lawyer, just entering upon his life's duties, in 1843, and entered into partnership with another young lawyer, John P. Campbell. Mr. Sharp was born in Hopkinsville, Kentucky, August 24, 1 82 1, and his education was limited to private schools and teachers.. He selected the law as his vocation early in life and was admitted to the bar in his native town at the age of twenty-one. He remained in Lexington until 1857, attaining the head of his profession and a large practice. Seeking a larger field, he went to St. Louis in 1857 ar,d entered into a partnership with the Hon. Jas. O. Broadhead and that firm was soon at the head of the practice in that city, being employed in almost every case of magnitude. In the full tide of professional success and in the prime of his manhood, he died suddenly on November 28, 1875. Mr Sharp was unequaled as a trial lawyer in the state ; prepared in every detail of his case both of law and facts, he was ready for every emergency, alert, sagacious and vigorous. He was a tall, spare man, with dark hair and eyes, and a face beaming with intelligence. While he was a firm Democrat, he always declined political honors for himself! although always ready to serve his party in counsel and action.

Enrollments were small in the ensuing few years. In 1844 Robert G. Smart, of Independence, Jackson county, filed his commission as circuit attorney. He was subsequently judge of this judicial circuit, which then included Jackson county, and was an able and well-known attorney and judge. In 1846 Edward A. Lewis was admitted and in 1847 Alexander L. Slayback was admitted, he having removed to this county from Shelbyville in May of that year. Mr. Slayback was born in Cincinnati, Ohio, in 181 7, attended college at Marion College, in this state, and was admitted to the bar by Judge McGirk, of the supreme court, in 1838. Although Mr. Slayback is better known as the father of his brilliant son, Alonzo W. Slayback, he was himself a lawyer of fine ability and possessed great oratorical powers, which doubtless his son inherited from his no less brilliant father. He was an ardent Mason and labored assiduously in securing the location of the old Masonic College at Lexington and delivered the address at the laying of its corner-stone. He was a member of the Presbyterian church from his sixteenth year and was a genuine and sincere Christian. He died very suddenly August 19, 1848, in his thirty-first year.

In May, 1849, J11^^ John E. Ryland retired from the circuit bench and was succeeded by Judge Henderson Young, the third to occupy that place, and in that year Hon. Mordecai Oliver and Hon. Henry C. Wallace were enrolled as members of the bar. Mr. Oliver was evidently a casual attendant upon the court, as wc can not find that he ever resided here. Mr. Wallace became a leader of the bar and practiced his profession in Lexington and the surrounding counties for fifty years with distinguished success. A sketch of his life will be found elsewhere in this history.

At the May term, 1850, William Anderson, Joseph C. Anderson and Henry Clay Dunlap were enrolled. The Anderson brothers were young lawyers from Kentucky, whose father removed here from that state about that time and they were social and political leaders in Lexington. William Anderson devoted his time more to politics and edited the Expositor, a vigorous Democratic newspaper in the ante-bellum days. Joseph C. Anderson took no particular interest in his profession and so they soon dropped out without getting very far in.

In 1 85 1 Garland J. Blewitt and Joseph R. Troxell were enrolled as members of the local bar. Mr. Troxell practiced with much success for several years, but left before the war. "Major" Blewett remained here until his death, which occurred in an advanced period of old age, and took part in the work of his profession to a greater or less degree to the last. He was noted for his oratory and few men in his time were as efficient as he in moving upon the sympathies of a jury, he being able to evoke tears under the powers of his fervid and touching oratory at will.

At the November term, 185 1, there is recorded the first resolutions of respect for a fellow member of the bar ever admitted to record at Lexington. They were upon the death of Benjamin Bray Wilson, Esq., and were presented by his law partner, Capt. John J. Reese, and seconded by William T. Wood, afterwards circuit court judge. The resolutions recite that 'Tn the morning of life and when a bright career of honor and usefulness was just opening before him, he has been called to the bar of the Eternal." The late Hon. Henry C. Wallace, who was a cotemporary of "Bray" Wilson, as he called him,

At the May term, 1852, John W. Bryant, for years a prominent lawyer of Marshall, and for a time our circuit attorney, and William B. Napton, also of the same place, and who five years later ascended to the supreme bench, were enrolled at Lexington, but probably only for some special case in which they were employed. William Chrisman was enrolled at the same term and he became, whether then or not is not known, a resident of Lexington and was for several years in active practice as a partner of Judge Samuel L. Sawyer. Sawyer & Chrisman built up a large practice, but becoming dissatisfied with the order of things following the war, they went to Independence, where they went into the banking business, by reason of which and other business ventures, Mr. Chrisman amassed a large fortune. Mr. Chrisman was a fine lawyer as well as successful business man. In those days F. A. Kownslar was an active practitioner at Lexington, but he was not long-lived, dying at his home in Lexington in May, 1858. He owned the suburban place at the northeast corner of the city, now owned by Joseph Schaal, Jr., and owned after the death of Mr. Kownslar by Judge John A. S. Tutt.

Judge Henderson Young held his last day of court on June 9, 1854, a long and heavy day's work, and died on the 23d day of the following month. Judge W. T. Wood, his successor in office, commenced with the November term of that year, making an order on the 28th day of November for the removal of the clerk's office to the (then) new building just constructed east of the court house proper. This building was at first one story high, but later had the second story added and was fitted with vaults for the second story also. Reece Paynter was admitted to practice at this term.

Judge Samuel L. Sawyer, another very eminent member of the Lafayette county bar, was born at Mt. Vernon, New Hampshire, on November 27, 181 3. He was graduated from Dartmouth College in 1833 and studied law with his father, who was a distinguished lawyer; he was admitted to practice at Amherst in 1836. In 1838 he removed to Lexington, where he prosecuted his legal studies further and during the time he was a clerk in the land office. He then entered into the practice alone, but soon formed a partnership with Charles French, then the leader of the bar. This made a strong firm, which lasted until 1855, when he and Fidelio Sharp, who has already been mentioned, formed a partnership. This lasted only two years, when Mr. Sharp went to St. Louis and his younger brother, Lee J. Sharp, was taken into the firm. Lee J. Sharp removed west in 1862 or 1863 and the Judge then took into partnership William Chrisman, another strong lawyer. This firm removed to Independence in 1866 and in 1869 retired from the law and engaged in banking, in which they were equally successful. The subject of this sketch was not permitted to remain in private life, however, but was called to the circuit bench in 1871, in which capacity he served until 1876. He then was elected to Congress, but after one year's service he retired and engaged actively in banking, in which he continued until his death. Judge Sawyer was a lawyer of the highest degree of excellence, was thorough in his knowledge of the law, quick and accurate in his judgment, a man of the highest integrity, whose word as well as his opinions had great weight with judge and jury alike.

Lee J. Sharp went to Montana on account of failing health. This he regained and entered into active practice there and was very successful, remaining there throughout his life.

John C. Royle, another promising young lawyer of those days, likewise went west for new fields and settled in Salt Lake City, where he became a leader of the bar and acquired and retained a large and lucrative practice. He died within this year at an advanced age. His son, Edwin Milton Royle, is widely known as an actor and successful playwright.

Thomas H. Allen was enrolled at the November term, 1855, and became at once prominent, representing this county in the Legislature. During the war he removed to St. Louis, where he lived until his death.

Judge William T. Wood retired from the bench at the close of the June term, 1856, and Judge Russell Hicks succeeded him, holding the November term, 1856, as the beginning of his judicial career.

At the May term, 1857, the bar adopted appropriate resolutions upon the death of William Musgrove, Esq., an old and highly esteemed citizen and also a member of the bar, but who had given up his profession for the editorial life, in which he was highly successful. He was editing, at the time of his death, The American Citizen, a paper of ability and influence.

At the May term, 1857, James W. McMillan, who had prepared himself for the law as a student in the office of William S. Field, Esq., was admitted to practice. He followed his profession with fair success for a beginner, but left about the time of the breaking out of the war and what became of him is not known to the writer. John W. Shotwell and William A. King, of the Ray county bar, were enrolled here in November, 1857. Mr. Shotwell, who is well known here, has appeared in our courts a number of times in important cases. He is still living and practicing at Richmond.

Ex-Governor Thomas T. Crittenden came to Lexington in 1857 an<^ commenced the practice of the law. He was born in Shelby county, Kentucky, on

January 2, 1834, and was educated at Center College. He studied law with his illustrious uncle, John J. Crittenden, then 'one of the great men of Kentucky as well as of the United States. He was admitted to the bar in Winchester, Kentucky, in 1856 and soon afterwards married and came to Lexington with his young bridge. After a short time he formed a partnership with Judge John A. S. Tutt, with whom he practiced until the breaking out of the war between the states. He and Judge John F. Philips, both of whom were ardent Unionists, raised a regiment which was afterwards mustered into the United States service. Their regiment was known as the Seventh Regiment of Cavalry, Missouri State Militia. With this regiment he went through the war as its lieutenant-colonel. After the war he located at Warrensburg, where he went into partnership with Gen. Francis M. Cockrell, who had just returned from service in the Confederate army. They did a large business, which continued until both members went into politics, Colonel Crittenden being elected as governor of the state and General Cockrell as United States senator. From the office of Governor, Colonel Crittenden located at Kansas City, where he served until his recent death, as referee in bankruptcy. Governor Crittenden, having spent the most of his life in public life, necessarily shone more as a politician than lawyer.

Judge John A. S. Tutt, who was the first law partner of Governor Crittenden, was born in Culpeper county, Virginia, and was educated in and graduated from Baltimore Academy at the age of eighteen. He came to Boonville, Missouri, in 1841 and studied law, for which he was licensed to practice in 1845. He came to Lexington in 1858 and practiced with Governor Crittenden until May, 1862, when he was appointed as judge of this judicial circuit, which office he held until 1869. Upon his retirement from the bench he was limited in his business to office work and the management of estates, on account of impaired health. In his line he commanded a large and paying business, and was the successful manager of a number of rich estates up to his death, which occurred May 27, 1884. The Judge was a large man, six feet and two inches in height, and of commanding appearance. He was a Baptist and carried his religion in his business, being a man of the strictest integrity and upright in character.

William D. Beard, A. W. Jones and Charles H. Collins were admitted to the bar here at the May term, 1859. Judge Beard took unto himself a wife here and soon returned to his native state, Tennessee, where he soon became a leader of the bar and in time was elevated to the position of judge of the supreme court of that state, an office which he still holds. Judge Beard was one of the most brilliant and fascinating men who ever lived here and was a natural lawyer and orator, to which was added all the finish and culture the best of schools could add. "Charley" Collins, as he was best known, located at Waverly and was a popular and successful lawyer at that place. He was carried away by the tide of the great Civil war and never returned.

Major and Judge John E. Ryland, a son of Supreme Judge John E. Ryland, was admitted to the bar in 1858. He was born in Fayette, Missouri, July 8, 1830, and removed to Lexington in his infancy, when his father was appointed circuit judge. He was graduated from the Masonic College, and became a teacher and assistant in the college work. Studied law with his father and became his partner on being licensed. This firm continued until 1873, when it was dissolved by the death of its senior member. He then took into partnership his younger brother, Xenophon Ryland, with whom he was associated until appointed judge of the criminal court of this circuit in 1880, to succeed Judge Hill, deceased. This office Judge Ryland held until his death, from cancer, in 1899. Judge Ryland was a successful lawyer in all of its phases. His first office was that of prosecuting attorney, in which he was very vigorous and efficient. As a lawyer he was active, watchful and painstaking and was rewarded with a large and profitable practice. As a judge he was kind-hearted to the weak and erring, though firm in punishing those who were deliberately wicked and persistent in the error of their ways. The Judge held many honors at the hands of the people and of the Democratic party, of which he was an active member. He served a little more than a year as major of the Seventy-second Regiment of the Enrolled Missouri State Militia. In 1876 he was a Democratic elector from Missouri and cast his vote for Samuel J. Tilden. He was a Mason and Knight Templar, holding at one time the office of deputy grand master of the state. In religion he was a prominent and working member of the Southern Methodist church. He died lamented by a large circle of friends and acquaintances.

Robert G. Smart, afterwards judge of this circuit, William Collins and George S. Rathbun were enrolled at the November term, 1859. Colonel Rathbun was born in Newburgh, Ohio, February 27, 1829, and received a good common school and commercial education. He studied law in Cincinnati and came to St. Louis at the age of nineteen. From there he removed to Wellington in this county and at first taught school. He then represented this county in the lower house of the Legislature, as well as practiced law, but enlisted in the army of the South, was in the Confederate service during the war, and after its close came to Lexington. He was a member of the several firms of Green & Rathbun, Rathbun & Graves and Rathbun & She- waiter and commanded a fine practice which extended over many years. Deafness, however, finally retired him from his profession as to court work. He then removed to Springfield, Missouri, where he was appointed register in bankruptcy, which office he held until his death, a few years ago. Colonel Rathbun was a prominent Odd Fellow and member of the Christian church.

Judge Smart held his last term in November, i860, and was removed from office for not taking the oath of allegiance. He was a strong sympathizer with the South in its struggle and in that way called upon himself a great deal of hostility, which finally cost him his life, he being shot down by a squad of Home Guards sent to arrest him and from whom he was trying to escape. There was no circuit court held in Lexington from Judge Smart's last term until the May term, 1862, which was held by Judge John A. S. Tutt, who had been appointed to the office. Judge Tutt commenced serving on May 19, 1862. At this term of court Elisha M. Edwards and Cuthbert O. Smith were admitted to the bar.

"Gov." Edwards, as he was always called, was born in Cabell county, West Virginia, on January 26, 1823. His father moved to Kentucky when he was but seven years old, where he obtained a good common school education and learned the tailor's trade. He came to Johnson county, Missouri, on November 2, 1839, where he, like Andy Johnson, engaged in his business as tailor and also studied law. On obtaining his license he located at Waverly where he remained in the practice until death a few years ago. He was postmaster, alderman and mayor of his town and in 1876 was elected to the state Senate and re-elected to the position in 1880. Mr. Edwards made a safe and conscientious legislator and was the soul of honor. Not residing at the county seat, the practice of Mr. Edwards was largely an office practice, for which he was peculiarly well fitted, being a careful adviser and possessed of a large fund of that species of wisdom we call "common sense." Mr. Edwards, by his attention to business and his fine business qualities, accumulated a goodsized estate, largely consisting of farming land, which he managed judiciously. He was a Mason and member of the Methodist Episcopal church South.

Cuthbert O. Smith, commonly known as "C. O.," was a graduate of the old Masonic College and of the law school at Lebanon, Tennessee, which stood at the forefront of law schools in the South before the war. He was a brilliant man intellectually and as a speaker was not surpassed by any of his college mates. He did not seem to be able to adapt himself to his chosen profession and abandoned it after a very brief attempt. He devoted his life to school teaching, for which he was well fitted and in which he was very successful. * He taught in the public schools of trie county until his death, a few years ago. Mr. Smith was a gentleman in every sense of the word, an interesting companion, a true friend and was esteemed by all who knew him

Mr. Alexander was born in Virginia, but removed to this state when a child. He was graduated from the old Masonic College, where he was one of its brightest students. He was a good all around scholar, was one of the most profound mathematicians in the state, read Latin and Greek readily, was a fine historian and well versed in belles-lettres. He went to New York in 1864, returned and went to Kansas City in 1865, but, true to the town of his choice, returned here, where he remained until his death. With the most thorough knowledge of the law as a science, his turn was rather judicial than forensic ; he delighted in solving the deepest problems of the law, but took little interest in the active trials of cases. He was a close reasoner, logical and consistent in all of his positions. He was known throughout the state as one of its ablest lawyers and in one of the instances where our supreme court, by reason of being divided upon a question, could not agree he was called in to settle the division among them. He was thus appointed special justice of the supreme court in the case of Johnson County vs. Wood, and his very able and convincing opinion is found in 84 Mo., page 489.

Tilton Davis came here in 1862 as a young lawyer from Kingston. He was very bright in his profession and aggressive and soon attained a good line of practice, in which he was very successful as attorney and advocate. He practised but a very few years and retired to take charge of his private business interests, which had become large and required all of his time. His retirement was a distinct loss to the local bar, in which he promised soon to be a leader. He is still living in Lexington, engaged in the coal mining business, but takes an active interest in the doings and sayings of the courts and lawyers.

William M. N. Green was an estimable gentleman who had a small suburban place just south of Lexington where he engaged in market gardening. He was possessed of ambition, however, and studied and obtained a license to practice law. He had little aptitude for the business and it was limited principally to the collection of pensions and similar business. He died a number of years ago.

On May 23, 1864, Xenophon Ryland and the writer were admitted to the bar as fledglings of the law, the former fresh from the office of his preceptor, his father, Judge Ryland, and the latter from that of Hon. Henry C. Wallace. A sketch of the writer will be found elsewhere in this history.

Xenophon Ryland was the third of the sons of the elder Judge Ryland to engage in the practice of the law and he promised to equal the others. He was born in Lexington on June I, 1844, and was educated in the private schools of Lexington, including the tutorship of Rev. (since Bishop) George K. Dunlap, the scholarly rector of the Episcopal church in this city, which gave him a liberal and classical education. He practiced law alone, receiving a liberal practice, until the death of his father, in 1873, when he became a partner of his elder brother, John E. Ryland, which was continued until the accession of the latter to the criminal bench. He was elected judge of the probate court of Lafayette county in 1882, and received a second term, making a service of eight years in that court, and in which he received unstinted praise on every hand. He was a member of the Old School Presbyterian church and of a deeply religious nature and at the termination of his official career as judge he qualified himself for and entered the ministry of his church, in which he is still engaged, being at present pastor of the church at Higginsville. Judge Ryland has been as successful in his ministerial career as in his lay one and the loss of the bar has been the gain of the church.

John S. Blackwell located in the town of Wellington in 1865 to practise law, coming to Lexington in 1878. He was born in Anderson county, Kentucky, January 8, 1832, and in 1850 went to California with the great crowd drawn there by the reported discovery of fabulously rich gold mines. After mining and trading for several years, he finally determined to study law, for which he was eminently fitted. He was admitted to the bar in Placerville, went to Nevada, where he practised for three years and then returned to Kentucky, from which state he finally removed to Wellington, in this county. On being elected prosecuting attorney he removed to the county seat, where he resided until his death. He served as prosecuting attorney for eight years with a record for efficiency as well as economy in the expenditure of the people's money that has never been surpassed. Mr. Blackwell was a very able lawyer, was untiring in his industry and indefatigable in all things. He possessed in an eminent degree confidence of his fellow citizens and with all these things to back him, of course he had a practice which was not only large but successful to the fullest extent. Mr. Blackwell made enough money to have died rich, but he was liberal and free with his money with his friends as well as his family and died a comparatively poor man. He has left a priceless inheritance in his good name and fame which is of greater value than riches. Mr. Blackwell was a constant worker and adviser of his party, the Democratic, and gave much time and money for its success.

He was a delegate to the Democratic national convention at Chicago in 1892 which nominated Grover Cleveland. Mr. Blackwell was also a Mason, Knight Templar, Odd Fellow and member of the Christian church, to all of which he gave the vigor of his thought, action and support.

A contemporary and opponent of Mr. Blackwell in many a hard fought battle in those Wellington days was J. Harvey McHatton, the date of whose admission to the bar is not of record. Mr. McHatton was a true exemplification of the old-time "country lawyer" with his "Kelley's Treatise on Justices of the Peace" and his saddle bags, traveling the circuit of the justice courts, in which he was truly formidable. He afterwards removed to Lexington, where he served as city attorney. He then removed to California, as his growing deafness had about prevented him from the active practice of his profession. This doubtless led to his death, as he was run over and killed by a railway train in that state a few years ago.

At the close of the war there was quite an influx of lawyers from the Northern states to the South. The bar at Lexington had three additions in this way who were enrolled at the November term, 1865, and all of them were Republicans ; these were William Walker, Mark L. De Motte and James H. Beatty.

Judge Walker was from Illinois and was a personal friend and acquaintance of President Lincoln, although of course a somewhat younger man. He was in his prime when he located at Lexington and being a fine lawyer, a forcible speaker and gentleman of good address he easily acquired at once a fine practice. He took into partnership Mr. Beatty, who came to Lexington about the same time. Many important criminal cases were in the courts at that time and Judge Walker was employed on the part of the defense in the most of them. So strong did he intrench himself in public favor that at the institution of the common pleas court in 1867 he was the unanimous choice of every one for the position of judge of that court. That court commenced work on July 8, 1867, and was legislated out of existence June 12, 1872, the circuit court being by that time arranged to attend to the large volume of litigation then on hand. Judge Walker was judge of this court during its entire history and won the favor and approbation of people as well as the bar by his high standard of judicial probity, justice and enforcement of the law. On his retirement from the bench, the Judge reentered the practice, taking as a partner Richard Field, afterwards circuit judge, and enjoyed a large and well-paying business. As age drew on the Judge quit the practice and served as police judge of Lexington, in which he gave entire satisfaction. The Judge died in Lexington a number of years ago at a ripe old age.

James H. Beatty did not remain in Lexington for a very great while, but went farther west, first to Utah and then to Idaho, where after a few years he received the appointment to the judgeship of the district court of the United States for Idaho, a place he held until a very recent date.

Mark L. DeMotte was a genial, bright and companionable man, who won personal favor at once. His knowledge of the law was not as thorough as it might have been or as he thought it was and so he soon dropped out of the practice and into the editorial chair of the Missouri Valley Register, the Republican organ of the county, a place for which he was eminently fitted. He made it a very newsy and readable paper, although rather extreme in its politics. "Colonel" DeMotte, as he .was known, served a term as prosecuting attorney and an incident in his official work in that office will give a very fair idea of his legal proficiency or rather deficiency. At this first term of court in preparing the indictments found by the grand jury, he noticed that they all concluded with the words, "against the peace and dignity of the state," and, thinking that this was a relic of antiquity, he omitted that phrase from all of his indictments. They were all quashed for lack of those words, as the constitution of the state required that they should all be closed with them, a bit of law which the Colonel did not know. He was politically ambitious and when the state became Democratic again, he returned to his former home in Indiana where his ambition was gratified by being elected to Congress. Colonel DeMotte died at his home in Indiana a few years ago.

Zachariah J. Mitchell, who studied law in the office of Hon. Henry C. Wallace, was admitted to the bar at the May term, 1867, and was taken into partnership by Mr. Wallace. Mr. Mitchell was a member of a prominent and wealthy family and had a fine education, finishing it at the University of Heidelberg. He became prominent at once as a lawyer and politician and was elected to the lower house of the Missouri Legislature. At the expiration of his term of office he removed to St. Louis and is now located at Clayton in the practice of his profession.

Judge Tutt held the November term, 1869, of the circuit court and gave way to his successor, Judge Charles P. Townsley, of Sedalia. who held the May term, 1869. Judge Townsley was a novice at law as well as on the bench and went into office with considerable prejudice against him (Judge Wood, who ran against him. having really defeated him), which did not entirely disappear during his official term. But the Judge did really the best he knew how and his decisions were as a rule correct and always free from bias and improper motive. He was a quiet, gentlemanly man, kind and courteous to the bar. He was not heard of again at Lexington after his ouster from the office of judge (State ex rel. Atty. General vs. Townsley, 56 Mo. 107) and the writer does not know his subsequent history; at least his judicial career appears to have ended.

With Judge Townsley came William Warner, now United States senator, as prosecuting attorney, and he was a constant attendant upon the courts here during his official term. The "Colonel" was a young and strong lawyer in those days and a vigorous prosecutor, and he filled his office without fear or favor and always with ability.

In those post-bellum days came to Lexington also Amos Green, Esq., from Illinois, but, unlike those last mentioned, the Colonel was a rampant Democrat. The date of his admission to the bar here is not of record and can not be given. Suffice it to say that soon upon his advent here he became interested in the bulk of the litigation then in vogue. Mr. Green was a handsomely dressed man, with silk hat and cane, broadcloth frock coat, polished manner and address, and at once impressed all with whom he came into contact. He took as a partner Col. George S. Rathbun, to carry on the large business which they at once built up. The Colonel was not as successful in his work in the courts as was anticipated and he lost much of the large practice he won at the outset. He then became involved in the railroad building which prevailed at that period of the history of this county and became very unpopular, indeed, offensive to many of his fellow citizens. He soon left and has since been at several places in the country farther west. where he probably is today. He at one time was said to have accumulated a large fortune in western mining operations.

William C. Hall also came here from Kentucky in those days and practised law for a few years and then went to Salt Lake City, where he acquired and still commands a good business and stands high in the estimation of the people as a man as well as lawyer.

Atterson W. Rucker, a native of this county, who read law in the office of Green & Rathbun, was admitted, as was also his brother, Thomas A. Rucker, about 1869. They went to Baxter Springs, Kansas, and then returned to Kansas City, Missouri, where they practised a short time. Being dissatisfied, they both went to Colorado, where both have achieved an abundant success. Atterson W. Rucker is a member of the lower house of Congress from the Denver district and Thomas A. Rucker is a judge of one of the judicial circuits of that state.

During this period of the heavy influx of new lawyers, young and otherwise, there were admitted to the bar Judge William Young and Henry L. Haynes, both natives of this county and both strong and promising young men, who formed a partnership under the style of Young & Haynes and conducted a successful practice. Judge Young, who is the editor-in-chief of this history and who receives a more extended notice in a separate sketch of his life, needs not a further notice in this place, more than to say that an unfortunate deafness compelled the retirement from the active practice of his profession, one who would have most profoundly honored it.

Henry L. Haynes did not linger in Lexington but after five or six years went to Ft. Smith, in what was then the Indian Territory. He has practised his profession successfully at several points and is now located at Mc- Alester, Oklahoma, and still engaged in the practice.

In May, 1869, Capt. Richard A. Collins was admitted to the bar at Lexington, but locating at Waverly. Captain Collins was an ex-Confederate artilleryman, a very popular and whole-hearted gentleman. He conducted a successful law business at Waverly and was at length rewarded for his faithfulness and merits by being elected to the lower house of the Missouri Legislature. After the expiration of his term he located in Higginsville, where he married and afterwards removed to southeast Missouri. The Captain was a Kentuckian of an old and wealthy family and was a brother of "Charley" Collins, also a Waverly lawyer, as before stated.

Hon. Alexander Graves was enrolled as an attorney at the November term, 1869. He is a Mississippian by birth and was educated in that state, but was graduated from the law department of the University of Virginia. He was but a boy at the breaking out of the war between the states and volunteered in the Confederate service and served until peace was declared, making a brave though youthful soldier. Mr. Graves' first argument in court after his admission, which was a question involving the rather complex subject of the rights of married women, attracted the universal attention of the bar and stamped him as a lawyer of very great learning and ability. He soon entered into partnership with Col. Geo. S. Rathbun and from that time on has stood in the front ranks of the Lafayette county bar. Mr. Graves has also been prominent politically, having been elected to Congress from this district, and has been favorably mentioned on several occasions as a candidate for the office of judge of the supreme court. Mr. Graves is still actively engaged in the practice of his profession and his career is still marked with that success which his learning, thoroughness and vigor have always won.

At the September term, 1869, of the common pleas court, T. Chalmers Wood and Henry Turner, Sr., were admitted to the bar. Chalmers Wood was a son of Judge W. T. Wood and was a law partner for several years of Hon. Alexander Graves. He was an amiable gentleman and good lawyer, but gave tip his profession to look after the large estate of an uncle in Hamburg, Iowa, where he remained until his death from consumption, a disease which eventually swept away his entire family with possibly one exception.

Mr. Turner was a middle-aged prominent politician here who desired the license of a lawyer more as an ornament than for actual use, but it enabled him to hold the office of city attorney, to which he was elected about the time of his enrollment. Mr. Turner was a man of strong mind and vigorous thought and had he given his early life to the profession would have made a successful lawyer far beyond the ordinary.

In the same court at the March term, 1870, George F. Ballingal was admitted to practice and at the September term, 1870, Alfred J. Hall was enrolled. Mr. Ballingal was a young lawyer fresh from his studies and his native state, Kentucky, seeking a betterment of his fortunes. He accepted the position of principal of the Lexington high school, and after his term of service moved on to Kansas City, Missouri, where he engaged in the practice of his profession successfully and where he still lives.

Alfred J. Hall was a brother of William C. Hall, already mentioned, and entered into a partnership with his brother. He was afterwards elected prosecuting attorney, a position for which he was well adapted. He was a good speaker and before a jury was somewhat of a power. He removed from here to Independence, where his stay was short, and he joined his brother at Salt Lake City. He did not resume the law, however, and was reported as being dead a short time since.

William P. Beck and James T. Clayton, both born and raised in Lexington, were admitted to the bar at the May term, 1871, of the circuit court. Mr. Beck was a highly educated and scholarly man, being educated at Columbia University, New York, and the University of Heidelberg, Germany. He studied law under Alexander & Chiles and after an ineffectual attempt to build up a business here, in which his great shyness was an obstacle, he removed to Pueblo, Colorado, where he enjoyed a fine practice and became a leading lawyer. He fell dead while arguing a case before the court a few years ago.

James T. Clayton, after a short stay here, went to Colorado Springs and located, but being attracted by the coming greatness of Kansas City, Missouri, returned to that city, where he still resides. By his energy, ability and good business habits, Mr. Clayton has accumulated a comfortable fortune, which he enjoys as age comes on.

Judge Richard Field, who had married in Lexington in 1869, removed to that city and located there in 1872 in the practice of his profession, for which he was first licensed in 1865. Judge Field came from a good old Kentucky stock of lawyers, his father being a distinguished judge in Pettis county, this state, at the time of the outbreak of the war. Judge Field and Judge Walker, who had just retired from the common pleas court, formed a strong partnership in the year mentioned and forthwith entered into an extensive practice. This continued until the year 1887, when Judge Field was elected judge of this judicial circuit, which position he held until December, 1898. Since then the Judge has been busily engaged in his professional pursuits and the attention to his private business interests are large and include the presidency and management of the Morrison-Wentworth Bank of Lexington. The Judge's highest lines of merit are those won during his judicial career, for which he was evidently intended by nature. Having a cool, clear head, a dispassionate mind, and a thought and endeavor at all times to ascertain the truth and apply the unerring law, his decisions gave general satisfaction to both bar and litigant.

James M. Callahan, a student in the office of Tilton Davis, Esq., was admitted to the bar in the same year, 1872. Mr. Callahan was and still is a close and hard student and his industry in working up his cases and getting them thoroughly prepared is remarkable as well as praiseworthy. After a few years here, Mr. Callahan removed to the larger field offered by Independence, Missouri, where he is still located and engaged in a large practice.

About this time J. D. Shewalter, who had just received his law degree at the University of Virginia, located in Lexington. Mr. Shewalter was born and raised in this county and received a fair but not complete education in the country schools and the Lafayette Military Institute, the war coming on preventing him from completing it. While at this point let it be recorded that this school was the first military school established west of the Mississippi river. It has long since been disestablished and its building used as a residence. It was about two miles north and one mile west of what is now Mayview and was established in 1859. Besides Mr. Shewalter, Judge William Young and the writer were pupils of this institution, three members of the Lexington bar. Mr. Shewalter did not remain long but went to St. Louis where he made only a short stay, returning to Lexington where he practised for many years and established a reputation of being a fine lawyer and especially strong in matters involving the constitutions, state and federal. The tendency of Mr. Shewalter to rove took him next to Colorado, where, at Colorado Springs, he practised successfully for several years. Then he returned and located in Independence, opening a law office in Kansas City, and at this writing he is engaged in a horseback tour of the state in behalf (18) of himself as a candidate for the position of United States senator, which position he would undoubtedly dignify with great ability and more regard for the rights of the sovereign people than a majority of that august body now concedes. But to get there by horseback in these days of motor cars, airships and wireless everythings is a novel undertaking, which smacks of the days of Jefferson.

M. Chaney Shewalter, a cousin of J. D. Shewalter, located about the same time at Waverly, where he has since resided and still resides. Mr. Shewalter is a brainy man and an orator of fine ability and power. He represented this county in the lower house of the Legislature at one time and made his mark. Some disease or affliction of the eyes, which makes it almost impossible to use them, has hindered his studies and interfered with his practice to such an extent as to almost retire him from active life and has marred what would have been, with strong eyes, a brilliant career.

Judge Townsley was ousted by the supreme court from his office as circuit judge and Judge William T. Wood was installed, holding his first term in April, 1874. Then were admitted to the bar R. Emory Doggett and T. Benton Taylor. Mr. Doggett was a young lawyer, a relative of Bishop Doggett and a very pleasant young gentleman, who remained only a short time and his subsequent history is not known at Lexington.

Thomas Benton Taylor was born in Lexington, Virginia, and educated at the Washington and Lee University. He studied law under the tutelage of Judge J. W. Brockenbrough and was admitted to the bar in his native state. He went to Chicago in 1877, thence to New York City, where he practised for a short while, then returning to Virginia. He next came to this state and to Lexington; was in partnership with Judge Tutt until about 1877, when he removed again, this time to Fulton, where he is still living at the advanced age of seventy-eight. His most notable work here was done as referee in the chancery suit of Thomas vs. Thomas, for an accounting, which was a long drawn-out action and required a great deal of writing in those days when the court stenographer was unknown. The defendant alone was on the witness stand for one hundred days and parts of days. Mr. Taylor's work was approved in the main by the court, Judge Wood.

Capt. Charles V. Mead was admitted to the bar at Lexington at the December term, 1874. The Captain married a daughter of William Limrick, a banker in Lexington, and really made no serious attempt to practice law, but worked in the bank of Mr. Limrick. After a short stay here he went west where he died several years ago.

Capt. A. E. Asbury, of Higginsville, and Thomas A. Seddon were admitted to practice at the April term, 1875. Few of the Captain's friends know that he is a lawyer although he might have been a good one. His large private business as banker and capitalist has always taken all of his working time. Had he not been so successful financially he might have been a shining light at the bar. A few years ago his son and namesake studied and was admitted to the bar at Higginsville, but made no attempt to practice. He is now the manager of the large flouring mill at Higginsville, which is principally owned by him and his father.

H. B. Hamilton was enrolled at the April term, 1876. Mr. Hamilton was the assignee in bankruptcy of the Lexington & St. Louis Railroad Company, the home corporation which constructed the branch line to Sedalia now owned and operated by the Missouri Pacific Railway Company. Mr. Hamilton's official connection with this company caused him to have a good deal of business at Lexington and in the courts here, but he did no outside business. He eventually went west and showed his appreciation of his early life in Lexington by sending his son a few years ago to be educated in the Wentworth Military Academy and visited our city in that connection.

Hon. Thomas P. Akers was enrolled as an attorney at Lexington at the August term, 1876. This was the last sad chapter in an eventful life. Mr. Akers was a minister of the Southern Methodist church and the pastor of the church at Lexington about the year 1855 or '56. He was a brilliant orator as well as of distinguished appearance, being over six feet in height and broad in proportion. He attracted public attention at once and became connected with the Masonic College, delivering a magnificent oration on one occasion in that connection. Of course such a man could not remain out of politics if he listened but a moment to the call of the public and so in 1857 he was sent to Congress where he distinguished himself by his splendid oratory and finished address. He next went to New York where he became prominent himself as a financial leader, being at one time president of the Gold Board in Wall street. His sympathies in the war being with the South, when the crash came at the close of the war all of his fortune was swept away by being on the wrong side of the gold market. Away back of this in the old Lexington days he had at one time an attack of pneumonia, from which he recovered, but with a small section of a lung solidified ; this his physician said would some day give way and in all probability be the cause of his death. And so it was, when he returned to Lexington it was the beginning of the end ; the blocked-up section of the lung began to give away and with it the balance was involved, consumption set in and the massive physical frame weakened and consumption claimed its victim. He did not survive long, his last futile attempt to regain himself by entering into the practice of the law.

The first map of Lafayette county ever published was prepared in 1876 and distributed in the following year. Connected with the company engaged in this undertaking was a young lawyer named Anderson L. Drew, who was admitted here at the August term, 1876. After a short time he removed to some point in southern Missouri. Lately he has turned up in Sedalia, where he seems to be located in the practice.

Mr. Burden was born and raised in Lexington and was a student at Bethany College, Virginia, when the war broke out. During the war, in the year 1862, his father, Judge Eldridge Burden, was appointed as judge of the probate court for this county, an office which he held continuously until the year 1874, being a period of twelve years. Mr. Burden went into the probate court as its clerk and served as such during the entire time, and with his quickness of mind and close application came out of the office thoroughly acquainted with probate law and procedure. He was also county recorder of deeds from 1868 to 1870. In 1874 he entered the law office of his father and undertook the study of the law as a profession and after a successful examination was admitted as stated. He then became a partner of his father under the style of Burden & Son, which firm continued until not long before the Judge's death, which took place on January 30, 1898. Since then Mr. Burden has practised alone. His familiarity with the law of administration and wills has given him a large business in those lines and in which he has won his best victories. But Mr. Burden has always been a close student and is thorough in the preparation of all his business and is regarded as a safe lawyer.

Hon. Robert A. Hicklin was also born and reared in Lexington. He was educated at the Missouri State University and originally intended to study medicine as his profession, but changed his mind and read law in the office of Judge Tutt, who had charge of his father's estate. At one time he was a partner of Hon. John Welborn and they had a highly successful practice in criminal cases. He also practised law in Kansas City for some time. Mr. Hicklin represented his county in the thirty-fourth and thirty-fifth general assemblies of the Legislature. He died a few months ago after a very short illness. He was a genial, kind-hearted man and had many friends who lament his early demise.

William B. Wilson came from the farm to study and engage in the practice of the law and is a brother-in-law of Judge William Young. He served his county for two terms as prosecuting attorney, which office he filled with credit to himself and satisfaction to his constituents. Mr. Wilson's continued ill health has interfered with his law business and at times has caused him to abandon it for the time. He has made a specialty of the law of real estate and examination of titles, and is regarded as one of the best in the county. But outside of this Mr. Wilson is a fine and well posted allaround lawyer and deservedly has a fine reputation. Mr. Wilson is also a Christian gentleman, upright, honorable and trustworthy.

Hon. John Welborn was born in this county November 20, 1856. In 1875 he entered the Normal School at Warrensburg, from which he was graduated two years later. In 1877 he commenced studying law in the office at Warrensburg of John J. Cockrell, the son of United States Senator Cockrell, and was admitted to practice two years later at Lexington. Mr. Welborn immediately took a high position at the bar by reason of his very great skill and ability. He was also a good "mixer" and had a large acquaintance among the people which gave him clients and friends upon the juries and great power and influence in jury trials. His personal magnetism took such a firm hold upon his friends that few could resist him. He also served a term in Congress, to which he was elected as a Republican from this district, but was defeated in his attempt for re-election. Mr. Welborn died about two years ago after a very brief illness and no one has ever been lamented more. Although his large practice brought him in large sums of money he scattered with a lavish hand, and died a comparatively poor man. His faithful wife, who had shared his adversity and triumphed in his successes, outlived him but a short time and soon followed him to the grave.

Uriah G. Phetzing was admitted to the bar at the April term, 1880. He was educated in the public schools of this county and took his law degree at the University of the State of Missouri. He was born in Ohio in September, 1855. On being admitted to the bar he formed a partnership with Judge William Walker, with whom he was associated for nine years, since which time he has been alone. The firm did a fine business and Mr. Phetzing has kept it up, having a very extensive clientage among the large German-American population of the county. Mr. Phetzing is a prominent member of and worker for the Republican party and has been an important factor in the growing success of that party. Mr. Phetzing served as city attorney of Lexington from 1890 to 1892, and has often led the forlorn hope of his party on the ticket when defeat was certain. Lately he has received a handsome reward for his long service in being appointed by Governor Hadley to the important and lucrative office of county collector, in which even his political opponents rejoice. Mr. Phetzing is a good lawyer and an exemplary gentleman.

Judge Wood retired from office at the December term, 1880, and was succeeded in office by Judge John P. Strother, of Marshall, Saline county, who began at an adjourned December term on January 17, 1881. Judge Strother was one of the leaders of the Saline bar, a man of the highest integrity and a lawyer of profound learning. Much was expected on the accession of such a distinguished lawyer to the bench and no one was disappointed in him. On retiring from the bench the Judge removed to California, where he still lives and is honored in his profession in his new home.

At the August term, 1881, George B. Price and Isaac W. Whitsett were admitted to practice. Mr. Price's parents removed to this county from Johnson county and he was reared and. educated here. He was a young lawyer of much promise and after a short stay he removed to Kansas City and from there he went to the Southwest and has been lost sight of for many years.

Isaac W. Whitsett was originally a grocer and huckster of Lexington, having his stand at the old Summers' (now Liter's) corner. He had a bright mind and a natural turn for the law and after a course of study was rewarded with his long-coveted license. Mr. Whitsett was a man of mature years when he began to practice and his success was remarkable considering his handicap of a lack of a sufficient education and an early training so necessary to make a thorough lawyer. Mr. Whitsett removed to Sedalia, where he had a successful practice. Returning to this county, he opened an office in Higginsville. Loss of property and the result of advancing age with a growing deafness overshadowed his closing days and he had finally to go to the County Farm, where he died in poverty about a year ago.

George S. Rathbun, Jr., a son of Colonel Rathbun, was taken into partnership by his father, with whom he was associated both here and at Springfield, to which city they removed. He had a very bright mind and was a genial and companionable young man, but was cut short in his promising career by an early death at Springfield.

William Aull was born in the suburbs of Lexington, Missouri, on August 17, 1857, and was educated in the public schools of his native city. After finishing at Lexington, he entered the University of Virginia, where he entered the law department as well as took several special courses in history, literature, rhetoric and German, and was awarded his law degree in 1882. On his return to Lexington he at once entered upon the practice and shortly afterwards formed a partnership with his brother-in-law, Hon. Alexander Graves, which continued until June, 1891. Since then he has been in the practice singly. He was elected prosecuting attorney of Lafayette county in 1892 and served two terms, four years. Mr. Aull is one of the most capable and industrious members of the Lexington bar and has in consequence built up a practice which is second to none. He is a prominent member of the Old School Presbyterian church and takes the deepest interest in its welfare and the spread of the gospel. He is an officer of the church, superintendent of the Sunday school and is one of the largest contributors to missions in the county.

Clarence Vivian, E. F. Keyton and Isaac P. Ryland were admitted to the bar in Lexington in 1883. Mr. Vivian was born in Winchester, Kentucky, August 27, 1855, and received his preliminary education in the excellent schools of that state. His father removed to Mexico, Missouri, in 1869 and Mr. Vivian Was graduated from the high school of that city in 1873. He taught school and at the same time studied law, and was admitted to the bar by Judge Elijah Robinson in 1882. In 1883 he removed to Higginsville and opened an office there. A few years ago he was elected prosecuting attorney of this county, and was re-elected for a second term. On being elected he removed to the county seat, Lexington, where he still resides. Mr. Vivian is a fine orator and in jury cases is especially strong, being powerful and convincing in his appeals. With this gift he has built up a large criminal practice in which he has been unusually successful, having cleared the defendants in many difficult cases. Mr. Vivian is a Democrat and a member of the Christian church and in both politics and church is influential in work and advice.

E. F. Keyton also located in Higginsville on coming to this county from Saline county, where he was born and reared. After a few years' stay Mr. Keyton removed elsewhere and is now practicing law in Joplin, Missouri.

Isaac P. Ryland was born and reared to manhood in Lexington, being the son of Judge John E. Ryland. Mr. Ryland removed soon after being licensed to Kansas City, Missouri, where he has built up a large commercial practice for which he is peculiarly adapted. He is also the referee in bankruptcy at that city, an important office which he fills with satisfaction to all.

Higginsville at that time was in its most promising youth and received several additions to its bar. In April, 1884, William P. Mayfield located there and opened an office. Mr. Mayfield was just getting in command of a good practice when he fell sick and died after a very short illness.

Albert R. Strother, a son of the Judge, removed to Lexington from Marshall and was enrolled as an attorney at the April term, 1885. He was taken in as a partner by John S. Blackwell and he was a valuable assistant in helping Mr. Blackwell with his large line of business. But like a great many young and ambitious lawyers, the temptation to get into a city practice was something he could not overcome so he removed to Kansas City, Missouri, where he is enjoying the rewards of a mind deeply stored in the law and the ability to use it to the best advantage.

Judge Strother retired from his office at the December term, 1886, and Judge Field entered upon the discharge of his duties at Lexington at the April term, 1887.

Stephen N. Wilson, a law student in the office of Walker & Field, was admitted to the bar at the September term, 1886, and has always maintained a high standing in his profession, but as there is elsewhere a sketch of his life and services the reader is referred to that part of this history.

At the April term, 1887, John J. Hendricks, a promising son of old Lafayette county, was admitted to practice, but the ranks being crowded Mr. Hendricks went farther west where he is still busily and successfully at work.

In the year 1888 two other young men born and reared in Lafayette county, coming from the farm to study law, were duly admitted to the bar. These were Walker Bascom and R. Y. Prigmore. After a short stay at Higginsville, Mr. Prigmore went to the Southwest and is now practicing law at some point in the state of Texas. An excellent sketch of Mr. Bascom is given in the biographical section of this history, where Mr. Bascom's friends and clients may learn further of him.

The August term, 1889, marked the accession to the bar of two other natives who are still with us. These are Judge Thomas A. Walker and ex- Prosecuting Attorney Nicholas M. Houx, the latter of whom has his life more fully recorded elsewhere in this book. Judge Walker, after a successful practice at the Higginsville bar, was elected probate judge at the November election. 1905, and is now the Democratic candidate to succeed himself in office. Judge Walker is a careful, well-read and painstaking lawyer, who has been very successful in his practice and in the conduct of the important office which he now holds.

The predecessor in office of Judge Walker, Judge James P. Chinn, also hailed from Higginsville, and was admitted to the bar in 1890. The Judge held the office of probate judge for two terms, making eight years in all, and made a most excellent judge. Judge Chinn was born in this county June 21, 1863, and was educated in its public schools and at the University of Missouri, graduating from its law department in 1889. Judge Chinn returned to Higginsville on the expiration of his second term as probate judge and was elected as senator from the seventeenth senatorial district at the election in 1908, in which he is making a fine record. Judge Chinn is a strong Democrat and has but one fault - he is an old bachelor.

At the August term, 189 1, Henry C. Wallace, Jr., H. J. Dooley and John M. Price were admitted to the bar. Mr. Dooley located at Higginsville, where he remained but a short time, and was the local attorney for the Chicago & Alton Railway Company at that point.

John M. Price remained at Lexington, where he studied his profession and still is living and practicing. Mr. Price has given the public a long and satisfactory service as justice of the peace and is now serving the city of Lexington as city attorney. Mr. Price is a quiet but very industrious lawyer and gives his undivided attention to his business.

The younger Henry C. Wallace, familiarly known among his friends as "Harry," has a separate sketch of his life given in this history and his life and services need not be repeated here.

At the December term. 1891, Mel. C. James was admitted to the bar at Higginsville, where he is still living and is its postmaster. This takes the most of the time of Mr. James although he still maintains a law office and is a vigorous and effective practitioner.

Charles A. Keith and Gerson B. Silverman were admitted to the bar at Lexington in 1892. Mr. Keith is our present efficient prosecuting attorney, which office he has held for two years and is now the Democratic candidate for re-election. A fuller history of his life and services will be found in the separate biographical section of this work.

Gerson B. Silverman practised his profession for two or more years in Lexington and then removed to the larger and more important field offered by Kansas City, Missouri, where he is now enjoying a large and lucrative practice.

The year 1893 marks the extension of the convenient service of the circuit court by the establishment of a branch court in the city of Higginsville. The enterprising citizens of that place, in constructing their beautiful and roomy city hall, made provision for the accommodation of this court and its officers and two terms a year are still held there, although the business has not been so extensive as was hoped by its promoters. The location and custody of the general public records at the regular county seat, make attorneys a little wary in bringing important actions out of the immediate reach of these sources of evidence so often needed in emergencies.

James A. Kemper, who had been a resident of and in charge of public schools of Odessa, determined to make a lawyer of himself, as is the way with so many of that profession, and so qualified and was admitted to the bar in

Lexington at the December term, 1893. He located at Odessa where he built up a good business, but was impelled by better opportunities offered to remove to Warrensburg, where he has remained ever since. Mr. Kemper is a wideawake and progressing lawyer, has secured a large practice and is one of the leaders of the bar at Warrensburg, where he is upon one side or the other in almost every important case.

Charles Lyons was born and reared in this county where his parents still reside, as do a great many others of the name, the Lyons family being one of the oldest and most prominent in the county. Mr. Lyons was graduated from Westminster College at Fulton in 1891, took his law degree at Washington and Lee University in 1893 an(^ was admitted to the bar at Marshall in 1894. Mr. Lyons located at Lexington, going into business with Hon. John Welborn and since the death of Mr. Welborn has been alone in business. Mr. Lyons is a well-posted lawyer in every branch of the law and does a large and growing business. In 1905, on the closing of the Middleton Bank at Waverly, Mr. Lyons was appointed by Judge Davis as receiver, and he is still engaged in the business pertaining to that matter. This receivership has been of unusual importance on account of the large amount of litigation attending it, all of which has been conducted by Mr. Lyons wisely and well. Mr. Lyons' well established business ability has been also a useful factor in that connection. Mr. Lyons is a bachelor and has handsome apartments, well furnished and supplied among other things with one of the largest and best selected libraries in Lexington, covering all lines of literature, of which Mr. Lyons is a devotee as well as of the law.

Horace F. Blackwell, a son of John S. Blackwell, deceased, was enrolled at the August term, 1895. Mr. Blackwell was born and reared in this county, receiving his preliminary education in the public schools, but afterwards attended at Bethany College, West Virginia, from which he was graduated. After graduation he entered the office of his father, from whom he received his legal education. After obtaining his license he was taken into partnership by his father and so remained until the death of the latter. Mr. Blackwell has served with satisfaction two terms as prosecuting attorney and also as chairman of the Democratic executive committee for this county. Mr. Blackwell is alone in business and has received and is receiving a patronage very complimentary to his recognized ability as a lawyer.