Randolph County, Missouri - Chapter 19: Bench and Bar of Randolph County, 1920

SECOND JUDICIAL DISTRICT ESTABLISHED - JUDGE TODD PRESIDED OA'BR FIRST CIRCUIT COURT - FIRST LAW VERS IN ATTENDANCE - JUDGES THOMAS REYNOLDS, JOHN D. LELAND, WILLIAM A. HALL, GEORGE H. BURCKHARTT, JOHN A. HOCKADAY, ALEXANDER H. "WALLER AND ALLAN W. WALKER - EARLY LAWYERS - LATER MEMBERS OF THE BAR - PRESENT-DAY LAWYERS.

The second judicial circuit in Missouri was established in 1821, immediately after this state was admitted into the Union. Judge David Todd, prior to that time Territorial Judge, was appointed judge of this circuit by Gov. McGirk and served from 1821 until 1837. This circuit endured until 1882 as the second circuit, when the General Assembly of the state renumbered the circuits and the second circuit became the ninth circuit. Judge Todd presided over the first circuit court that was held in Randolph County in 1829. He was a Kentuckian bom in Fayette County in 1790. He came to Missouri about the year 1818 as Territorial Judge and located first at Old Fi'anklin in Howard County. Afterward he made Columbia in Boone County his hom.e, where he died in 1859. Judge Todd was regarded as an able lawyer and a just judge, impartial and conscientious.

John F. Ryland, Joseph Davis, Robert Wilson, John B. Clark and Robert W. Wells were among the lawyers that attended this first term of court. Judge Ryland was an eminent lawyer who was first appointed Judge of the sixth judicial circuit and afterward one of the judges of the Supreme Court. He died in 1873.

Robert Wilson was born in November, 1796, in August County, Virginia. In the spring of 1820 he located at Old Franklin in Howard County and afterward practiced law in Fayette. He served in the Missouri Legislature in 1845 and afterward in the State Senate. In 1862 he served an unexpired term in the United States Senate. He died in St. Joseph, Missouri.

General John B. Clark was born in Madison County, Kentucky, in 1802, and came with his father's family to Howard County in 1818. He served as an officer in the Black Hawk War in 1832. In 1854 he was elected to Congress and served for three successive terms. In the War of 1861 he served as a brigadier general in the Southern army and was wounded at the battle of Wilson Creek. He was afterward a member of the Confederate Congress. .General Clark was a lawyer of marked ability and a fluent speaker.

Mr. Wells was the first attorney general to appear and represent the state in the Randolph Circuit Court. He was born at Winchester, Virginia, in 1795. He was also a lawyer of marked ability. Mr. Wells was the first circuit attorney and in 1826 was appointed attorney general of the state in which capacity he served for a period of ten years, rafterwards he was appointed United States District Judge for the District of Missouri and held this office until his death, April 2, 1863, at Bowling Green, Kentucky.

Judge Todd, on retiring from the circuit bench in 1837, was spcceeded by Judge Thomas Reynolds, who resided at Fayette, Howard County. Judge Reynolds was born March 12, 1796, in Bracken County, Kentucky. He moved to Missouri in 1829 and located at Fayette. He was regarded as a just judge and bore a high reputation as a jurist. In 1840 Judge Reynolds resigned from the bench and was elected governor of this state and died in office.

Judge John D. Leland was appointed judge of the second circuit in 1840 to fill the unexpired term of Judge Reynolds. He served until 1847 and acquitted himself on the bench with credit and was considered a just judge.

In 1847, Judge William A. Hall of Randolph County was elected judge of the second judicial circuit. Judge Hall was a man of great ability and a stem but just judge. He served until 1862 when he resigned to become a member of Congress. -

Judge George H. Burckhartt of Randolph County was appointed to fill the unexpired term of Judge Hall in 1862, and. was afterwards elected and reelected from time to time until his death in 1890. Judge Burckhartt was a natural born judge. As a judge of evidence he was unsurpassed. He possessed a profound knowledge of human nature and of men and was seldom deceived by a witness on the stand. Judge Burckhartt was one of the kindest of men and at the same time a firm and just judge. As a personal friend he was steadfast and true. Judge Burckhartt's popularity in the counties that then constituted the second circuit, Randolph, Howard, Boone and Callaway, was unbounded and he was elected and reelected and served altogether as judge twenty-eight years. Judge Burckhartt died in the spring of 1890. He was succeeded by Judge John A. Hockaday of Fulton, Callaway County. Judge Hockaday served as judge for thirteen years until his death. He was a man of exalted character, a fine lawyer, a careful and just judge, painstaking and impartial. Among his close friends he was one of the most congenial of men. Upon the bench he hewed to the line and was seemingly austere, and at all times dignified. Judge Hockaday died in the latter part of November, 1903. He was succeeded by Alexander H. Waller of Moberly, Randolph County, who served for a period of thirteen years and retired from the bench January 1, 1917.

Judge Waller was succeded on the bench by Judge Allan W. Walker of Fayette, Howard County, an able lawyer, patient and conscientious. Judge Walker is the present incumbent and has given universal satisfaction.

In the early days it was the custom of members of the bar to travel with the judge from court to court over the circuit. Hence the lawyers in attendance at each term of court were composed largely of lawyers of other counties in the circuit and of adjoining circuits.

Among the leading lawyers of Randolph County in early days were Judge Wm. A. Hall, Judge George H. Burckhartt, and Abe McKinney, and at a somewhat later date H. M. Porter, Col. A. F. Denny, Capt. Thomas B. Reed, Robert Brooking, Isaac Bibb, Judge John R. Hull and probably others.

After the close of the Civil War in addition to the several above named, Judge A. P. Terril, G. F. Rothwell, W. A. Martin, John R. Christian, W. T. McCanne, W. N. Rutherford and Thomas B. Kimbrought were added to the list of active attorneys, all of whom made good as able and successful practitioners. In 1878 Mr. Rothwell was elected a member of Congress and served one term. Judge A. P. Terrill was an exceptionally able lawyer and a safe counsellor.

Between 1873 and 1877, Henry S. Priest, Franklin P. Wiley, Uriel S. Hall, John N. Hamilton, Ben T. Hardin and A. H. Waller, all young men, were admitted to tYie bar of Randolph County.

Waller was elected prosecuting attorney of the county in 1878, and served three terms. Wiley was elected to the legislature at the same time and was reelected in 1880 and afterward served two terms as prosecuting attorney from 1892 to 1896. Mr. Wiley was an able lawyer and probably the most resourceful and skillful trial lawyer the county ever had. He was a high class man in every respect, well educated, fearless, a ready and forceful speaker, and a true friend. Mr. Wiley was born in Illinois in 1853, and died at his home in Moberly at the age of forty-five years, in December, 1898.

Henry S. Priest in 1881 removed to the city of St. Louis and there served iirst as attorney for the Missouri-Pacific Railroad Company, next as attorney for t?ie Wabash Railroad Company and again for the Missouri Pacific, as general counsel. While serving in this capacity in 1895 he was appointed U. S. District Judge for the eastern district of Missouri. Judge Priest served in this capacity for about two years then resigned and the firm of Boyle, Priest and Lehmann was organized. All of the three lawyers who constituted this firm were exceptionally able lawyers and this firm became one of, if not the leading, law firm of St. Louis. Judge Priest is now living in the city of St. Louis and is yet practicing law with one or more of his sons.

Ben T. Hardin succeeded A. H. Waller as prosecuting attorney and served in that capacity from January, 1885, until January, 1889. Shortly thereafter he removed to Kansas City and has since practiced law in that city, successfully and profitably, and is yet one of the leading trial lawyers at that bar.

Judge Waller was elected mayor of the city of Moberly in April, 1899, in which capacity he served a term of two years and was thereafter appointed circuit judge, as we have already seen.

Uriel S. Hall, one of the five above named, was endowed with great energy and strength, both physical and mental. He practiced law in Randolph County successfully until the beginning of the year 1882, when he removed to Kansas City, where hr practiced law about two years, when he retired from the law and took charge of the large fertile farm belonging to his father, consisting of about 700 acres, situated in the northwest part of Randolph County, which he operated energetically and successfully until he was elected to Congress in 1892. He was reelected in 1894 and served altogether four years. Mr. Hall was a sound money Democrat as was President Cleveland, and was not again a candidate for Congress. Since, Mr. Hall has been an educator and the head of several colleges and schools and has proved himself to be equally efficient as an educator as well as in other vocations.

After 1882 Willard P. Cave, Will A. Rothwell, Forrest G. Ferries and William Palmer were successively within the next decade added to the list of lawyers of Randolph County.

Mr. Cave is still practicing law in the city of Moberly and is regarded as one of the county's ablest lawyers and has a large and lucrative practice.

Mr. Ferries practiced law in Moberly for a number of years. He was studious and unassuming, but his worth and ability finally became manifest and he was appointed assistant to the attorney-general by Attorney-General Hadley. Later he was appointed assistant circuit attorney of the city of St. Louis, and afterwards became a member of the firm of Ferries and Rosskopf, which firm is now doing a lucrative business in the city of St. Louis.

Will A. Rothwell was admitted to the bar in 1885 and began the active practice of law in 1891, when he was elected city attorney of Moberly. He was a highly educated and brilliant man and rapidly grew into an able and successful lawyer. He was elected a member of the Missouri legislature in 1894 and served one term. In 1896 he was elected prosecuting attorney of Randolph County and served two terms. He proved himself to be an able and successful prosecutor. In 1892 he was made chairman of the Democratic state committee of the state of Missouri and successfully managed the Democrat campaign that year. In 1894 he was appointed member of the national Democratic committee and served in that capacity until his death in October, 1908, aged 46 years.

Mr. Palmer was born and reared in Randolph County and rapidly developed into a good lawyer after his admission to the bar. He was elected prosecuting attorney of the county and served four years. Within a short time after the termination of his services as prosecut- ing attorney he died at his home in Moberly, still a young man. Will Palmer had many friends and his untimely death was a cause of general regret throughout the county.

John N. Hamilton is the senior member of the bar of Huntsville, having been admitted to the bar in the late seventies, and since that time has been a worthy member. He is an able lawyer, a progressive citizen, and has held several county offices, recorder of deeds being one of the several offices that he has filled with credit.

The bar of Randolph County will rank with any bar of equal numbers in this state, not only as capable lawyers, but as progressive citizens and men of high character. In the court room they contest their cases vigorously and efficiently, but courteously. A half a century ago personal strife and biting personalities were not uncommon in courts of record and jealousy and personal enmity among members of the bar was a rule, rather than the exception. Thirty years ago the bar of Randolph County composed as it then was of right minded men as .well as able lawyers reversed this order of things, and enmity and strife among the members of the bar became a thing of the past in this county. The bar of Randolph is now organized into a bar association and live together in peace each one respecting the other as he deserves, and are following the footsteps of the predecessors of the last generation in this respect.

The following is a list of active members of the bar of Moberly, Randolph County: William P. Cave, J. W. Wight, Jr., A. H. Waller, Major Lilly, E. 0. Doyle, Aubrey R. Hammett, E. J. Howard, Thos. Tydings, A. C. Gladney, Warwick McCanne, S. 0. Hunter, Arthur Chamier, Jerry M. Jeffries, Frank Lofty, 0. R. O'Brien, W. B. Stone, Edmund Burk, J. A. Walden, Wm. Morrissey, David E. Janes.

The following members of the bar are not in active practice: J. Morris Graves, special court reporter; Jerome Reigel, office practice only; J. F. Rothwell, retired ; James R. Lowell, post master and editor of Moberly "Democrat."