Snohomish County, Washington - Chapter 7: Bench and Bar, 1926

Judicial District No. 3, which was composed of Island, Whatcom, Clallum, Jefferson and Slaughter counties, was established in 1857. This included what was later Snohomish County, and all District Court litigation originating here was tried at Port Townsend, prior to January 25, 1868, when a sub-district comprising King, Kitsap and Snohomish counties was created with the court at Seattle. The Legislature of 1875-76 established the District Court of the County of Snohomish, and the first session of that court was held at Snohomish on Tuesday, March 21, 1876. Judge Joseph R. Lewis, chief justice of the Territory, and judge of the Third Judicial District, presided. The officers of the court were George N. McConaha, prosecuting attorney; H. A. Gregory, clerk, and Benjamin F. Stretch, sheriff. The first grand jurors were John Ross, William Whitfield, F. H. Hancock, Robert Barrett, Charles Baker, James Town, F. L. Foss, Lot Wilbur, Joseph Getchell, A. W. Foye, P. Wilkinson, Charles Harriman, J. D. Morgan, John Pike, John Davis and E. Blackman.

The petit jurors drawn for this term were H. Blackman, John Davis, C. H. Stackpole, G. W. Stetson, Charles Short, Robert Parker, M. Barnett, John Little, John Harvey, Henry F. Jackson, John Batt, L. H. Witter, Robert Smallman, John Pike, Samuel Howe, O. F. Murherd, Henry Oliver and Henry Getchell. The first bailiffs were James Austin and F. Mathews. The seal of the District Court, together with the initial records, consisting of six "finely bound books," cost in the neighborhood of $90 and they arrived on the steamer Zephyr just prior to the opening of court. |

The attorneys from out of the county were G. N. McConnaha, James Mc- Naught, D. P. Jenkins, I. M. Hall, William H. White, Thomas Burke and Captain Inman of Seattle and G. M. Haller of Port Townsend. The resident attorney in attendance was Eldridge Morse, the only lawyer in Snohomish County.

A session of the court had been held at Seattle in February, and at that time cases on the docket from Snohomish County had been transferred to the new court. The first jury trial of a civil cause was the case of George Plumb vs. John Richards. The jury found damages of $1 due the plaintiff and judgment was entered for $1 damages and $1 costs. The first true bill found by a Snohomish County grand jury was against Jacob Brem for assault with intent to commit murder. He was tried, found guilty and sentenced to two months' additional imprisonment and to pay a fine of $5. An indictment was also found against John Richards, for assault with intent to commit great bodily injury, and he was found guilty of assault and battery and sentenced to pay a fine of $100. The entire term lasted for four days and the most sensational feature was the charge to the grand jury. Judge Lewis urged the rigid prosecution of criminals and said: "Let it be known that Snohomish County will in all proper cases properly indict persons who violate the laws of the territory, and that petit jurors will let no guilty ones escape, and murderers, thieves and vagabonds will avoid your county, even as you would avoid a pestilence; your treasury will not be depleted for the support of criminals, and good order will prevail." The judge continued: 'Yet it is the truth, that oftentimes, grand jurors have gone from the squaw brothels and faro tables directly to the jury room, and refused to aid the law against these iniquities." The judge called particular attention to those selling liquor without a license and to sales of liquors to minors and Indians. He urged action against "nuisances" among which he listed ''squaw dance houses, mad houses and gambling houses,"' and asked for close inspection of the acts and accounts of public officials. Except for the two indictments for assault the grand jury brought in no indictments, and like many other grand juries did not appear to take the instructions of the judge very much to heart.

Prior to this first term of court cases arising in Snohomish County had been tried in King, Kitsap, Island and other counties and it was a distinct recognition of the growth of Snohomish County that it was given a court of its own. Lesser justice was administered by the justices of the peace and by the probate judge, an office which was created in 1859. This office was difficult to fill as it required a considerable amount of time and paid but little. Royal Haskell held the office the longest, and the oftenest, in the pioneer history of the county, but he resigned frequently and only took it again when no one else could be forced to qualify. Eldridge Morse was, as has been said, the first lawyer in the county and his practice was fairly extensive, but he never devoted his entire time to the profession and he 1s chiefly identified with the history of the county as the editor of its first newspaper. The lawyers of this district resided chiefly in Seattle, following the court from county to county. At some county seats they found hotels sufficient to accommodate them, and at others they did not. When the first term of court was held at La Conner the judge as well as the attorneys were obliged to camp out during the session, bringing their own supplies and doing their own cooking. But at Snohomish they found the old Riverside Hotel ready to receive them and that hostelry was the scene of many a merry-making after the work of the court was done for the day. It was not considered that an attorney had earned his fee unless he had abused the honorable opposing counsel to the full extent of his vocabulary, and after hearing the bitter tirades at the bar of justice in the daytime, it was with open-eyed and open-mouthed amazement that the natives saw these supposedly bitter enemies on the friendliest possible terms when they mingled at the bar of the hotel in the evening. Nevertheless, these men used all their shrewdness and ability to protect the interests of their clients and the battles were real ones even if the smoke screen of abuse was, fortunately, not sincere. The roll of those first attorneys who appeared before the court of Snohomish County contains the names of some great lawyers; men of eloquence, brains and deep knowledge of the law.

It was fine for Snohomish County to have a court of its own, but the aftermath was apparent in the proceedings of the county commissioners, in May. At that session out of a total of $1,502.85 in scrip issued to pay the bills of the county, $1,096.65 went to pay the expense of that first term of court, and the conviction and imprisonment of Brem. This was at a time, too, when the total paid into the county fund was but $2,831.54, for an entire year, and the total county tax was $1,928.15. The auditor's report lamented that "there has been an unusual

In passing it may be well to record that the first divorce of which mention was made in the books of the county was issued August 19, 1871, by Orange Jacobs, judge for Kitsap, King and Snohomish counties, the case being that of Mary Ann Harvey vs. John Harvey.

Before the second term of the court was held, Snohomish County welcomed its second lawyer in the person of W. M. Tirtlot. The Star said of Mr. Tirtlot by way of introducing him to the community that "Mr. T. was a student at Wheaton College, Illinois, at the commencement of the war. Enlisted in the summer of 1862 as a private, was promoted at the battle of Stone River, Tenn., to second lieutenant; was with the army of the Cumberland up to. May 15, 1864, at which time he was wounded at the battle of Resaca, Georgia, while in command of his company, from which he is a cripple for life. In 1866 he was appointed clerk in the General Land Office at Washington, D. C. He graduated from the law department of Howard University in the class of 1872, and was admitted to the bar the same year; came to this territory in 1873, and has been at New Tacoma about eight months in the practice of his profession."

Mr. Tirtlot's first active work in the community was as a preacher, Rev. J. R. Thompson announcing that the new lawyer would read a sermon each Sunday when no clergyman was present. In the then state of public opinion Mr. Tirtlot was perhaps too religious to suit the rough and ready majority and while he was an influence for good he never took deep root in the affections of the community although all sympathized with him when, but two months after his coming and when recovering from an illness, he fell on the steps of the Riverside Hotel and dislocated his knee joint which was artificially held in place since the wound received in the Civil War.

William A. Inman was the republican and W. H. White the democratic candidate for prosecuting attorney at the election held in 1876. White was a Union soldier, one of the few who voted the democratic ticket. He lived at Seattle and was said to be a fine orator. Snohomish City favored Inman, the vote of the city being White 59, Inman 106, but in the county Inman received but one majority, and in the district White was elected. This brought no change as to the prosecutor at the second term of the District Court which was held November 14, 1876. The members of the bar attending this court were Morse and Tirtlot of Snohomish, Thomas Burke, C. H. Hanford and James McNaught of Seattle and G. M. Haller of Port Townsend. The first divorce decrees ever granted in Snohomish County were entered at this session, and one McDonald was fined $10 for boisterous conduct in court. The grand jury was in session three days and the petit jury was in attendance for two days but there were no jury trials, all cases triable by jury being settled, and what was still more singular in Washington Territory practice, no motions were filed or argued except in one case. Full citizenship papers were issued at this term to John Stafford, L. Hanson, David Humphrey and William Hunt; they being the first citizens naturalized by a Snohomish County court. |

The Star, under date of March 31, 1877, calls attention to the card of a new firm of lawyers at Seattle, Ellsworth and Hanford. Of Hanford the Star said: "He has done too much business for our citizens to need further notice from us; his acts speak for themselves as a careful, honorable and able lawyer. His part- ner was admitted to the bar last week at the session of the District Court for this county. He appears to be a gentleman thoroughly qualified; a practicing lawyer in Nebraska before coming here."

Judge Lewis was known as the terror of evil-doers and there is no question but that he did much to improve the morals of his district. In speaking of Judge Lewis and the first term of the court in Snohomish County the Star said: "The term of our District Court marks a new era in the history of our county. His Honor, J. R. Lewis, succeeded not only in winning the respect of the bar and all officers of the court, but encomiums of praise have been awarded him by this entire community. His impartiality is beyond all doubt. Hus entire influence has been cast in favor of law, order and morality. The establishment of the court is unquestionably a decided step onward for our county. Even should it cause a slight increase in taxation the amount expended will remain at home instead of being spent in an adjoining county. The time heretofore spent by jurors, witnesses and litigants in travelling to and from and while in attendance on court there, 1s much less, and consequently a decided gain, for time is money." The attitude of Judge Lewis was not pleasing to all and a side light is thrown upon this by a paragraph in the Star on June 9, 1877, as follows: "Because Judge Lewis was efficient in enforcing the law, the class who do not relish things of that character tried and succeeded in fraudulently resigning him off the supreme bench of Montana. But fraud is rarely successful the second time, so when this thing was tried on the Sound by men who feared him as a judge, its failure was so signal that the question is frequently asked, 'who will try to bulldose Judge Lewis now?" |

In September, 1877, a W. W. Newlin, "formerly of Washington City, but lately from China," visited his friend W. M. Tirtlot, who by this time had the first law office in the county, with a sign and window shades, according to the Star. Newlin must have decided to remain in Snohomish, for his name appears among the resident attorneys in attendance upon the court held in November. He later moved to Seattle and was the democratic candidate for prosecuting attorney in 1886. W.H. White was the prosecuting attorney at this term of court, and the attorneys from abroad were James McNaught, W. R. Andrews, Thomas Burke, C. H. Hanford and C. D. Emery of Seattle, and G. M. Haller of Port Townsend. This was a history-making session for Snohomish County. Judge Lewis submitted a charge to the grand jury covering the ever-present subjects of the conduct of county affairs, and the liquor traffc. He also submitted a supplemental charge in which he called attention in most vigorous language to the many illicit unions of white men and Indian women throughout the county. "This offense," he said, "is contrary to public morals and public decency. The crime is generally against Indian women and the children thus wronged. Our boasting to be high up in culture and civilization should no longer permit this condition of society to exist. We are here making permanent homes, raising and educating children. The schoolroom is fast taking its place, the church is succeeding the gambling room; our valleys and prairies are being settled with an intelligent and enterprising people, and we have reached that point in civilization where it is imperative that this offense be prosecuted, and the offender punished. The question is whether it is better that individuals be now punished, or that the guilty party have time to reform." The grand jury acted upon this suggestion that some time be given for reform, and the report signed by J. C. Gregory, foreman, read in part as follows: "There is evidence before us that there are persons living in the county with native women, without having been married to them. Many of these persons have raised large families. We have seen best not to indict them at this term of court for the reason that several years ago the legislative assembly enacted a law forbidding persons to marry native women. We would recommend, however, that the court lay this matter before the next grand jury and that, hereafter, the law be rigidly enforced against all who continue to live with Indian women without making them their legal wives." In another chapter has been given the list of the first one hundred marriages recorded in the county, and a large number of them took place within the six months following this report and prior to the next session of the court. Perhaps no one act of a court in Snohomish County ever did more to change its social status. Many people may well be grateful to Judge Lewis and to this grand jury for the stand they took.

On motion of W. M. Tirtlot, Edward H. Nicoll was admitted to the bar on presentation of a certificate from the State of New York. He was a graduate of Columbia College in 1868, assisted Mr. Tirtlot in his practice, and was a partner of Eldridge Morse for a short time.

Judge Lewis again presided at the November term, 1878. The only new name in the list of attorneys was that of C. M. Bradshaw of Port Townsend. John Davis was foreman of the grand jury, and other members were Thomas Overnell, U. S. Martin, N. P. Laque, Thomas Williamson, John Elwell, Jr., Robert Smallman, H. Spurrell, C. Scotney, Tamlin Elwell, P. Trana, W. F. Geue, L. H. Hansen and P. Henry. The session lasted four days and there were forty-two cases in court, all of which except seven were disposed of. Commenting upon the trial of a civil case, in which James McNaught appeared for the plaintiff, and Thomas Burke for the defendant, the newspaper said: 'Not being crowded for time, they made this the amusing phase of the term by sharp shooting between attorneys. There were so few facts in evidence on either side to discuss, that for lack of better arguments, each indulged in a very elegant and scientific abuse of opposing counsel, Burke beginning the attack in a furious manner. He secured the favorable ear of the auditors when he described the case as a "Dolly Varden' case, etc., and was repeatedly greeted with suppressed applause, which would have been loud and boisterous were it not that the listeners feared they might be compelled to contribute towards the school fund by Judge Lewis if they testified in a too emphatic manner their appreciation of the brilliant and sarcastic hits that Burke was continuously making about his able opponent. When he sat down, daring McNaught to the contest, it was supposed he had won the field, but they counted the victory won before the contest was terminated. Mc. was cooler and fully as stinging as his opponent. Each held his temper admirably, and awakened the admiration of all by the brilliant defense, as well as the sudden and violent attack. Seldom is exhibited a more skillful specimen of word fencing than these two able and popular attorneys showed in this wordy battle. Many times we have heard an enemy described as the off-scourings of H , but never so scientifically described, illustrated and applied, as by McNaught, when he applied it to Burke, whom he termed the 'Little Goliah,' perhaps the most appropriate designation ever applied to him. This brilliant contest was the event of the session, in which each used the bitterest invectives in so skillful a manner as to awaken surprise and admiration of all. Although the attack of McNaught appeared to be overpowering, his reply was so searching, yet in its proper place, that many, who at first awarded the victory of the 'Little Goliah,' were afterwards inclined to admit that Mc., before he sat down, had more than held him level."

The grand jury at this session showed that good judgment which has marked the majority of Snohomish County grand juries. Judge Lewis, in his charge, said that complaint had been made that Ebey Slough had been obstructed, that it was a navigable stream and that if such obstructions existed, the parties involved were guilty of a crime punishable by fine and imprisonment and should be made to move the obstruction at their own expense. He asked the grand jury to indict any person guilty of this offense, and added, "it must be at once understood that every person has the right to paddle his own canoe in any of the waters of the territory." The grand jury refused to follow the judge's instructions, and in its report said that when the boom complained of was put into the slough, it was already obstructed by a great drift pile, which made it unnavigable. This pile was removed and the persons complaining were more benefitted by this than they were inconvenienced by the boom. 'This boom,' it continued, "is used only to receive logs during extraordinary high water, and has been the means of saving hundreds of thousands of dollars by securing timber which otherwise would have gone to sea, and have been lost. There is at least $40,000 worth of property now in this boom, and to remove it would be to lose all this property, entailing bankruptcy and ruin on almost every man on the river engaged in logging. We do not think the river is unnecessarily obstructed there, as it is but little used, and but three or four persons are inconvenienced while over five hundred are benefitted. The logs are being removed as rapidly as possible, and in a few days the slough will again be open. Hence we have been unable to find any bill of indictment for obstructing this slough. The destruction of the logging enterprise in Snohomish County would entail irreparable loss on this entire community ; farmers, merchants, and all."

The next lawyer to hang out his shingle in the City of Snohomish to share disputes in court with Eldridge Morse was Beriah Brown, Jr., son of the historic pioneer editor, Beriah Brown, of the Seattle Dispatch. Young Beriah had been associated with Judge William H. White in Seattle, but in the fall of 1879 came to Snohomish and opened an office to practice law on his own account. He stayed less than a year, but was still there in September, 1880, when Walter P. Bell went to Seattle to study for admission to the bar. He left Snohomish soon afterward, and later published and edited Whitman County's first newspaper at Colfax. For many years, up to 1918, he was the leading editorial writer on the Seattle Post- Intelligencer. Originally he had been educated for the navy, was a graduate of Annapolis and served a hitch at sea as an ensign, but then resigned. He is now editor of the Island County Times at Coupeville.

In 1879 the court held its first session in the new courtroom in the Masonic Building, and Judge Roger S. Greene presided for the first time, and while less agpressive than Judge Lewis, he made an acceptable judge for many years. The office of probate judge went a-begging, as usual. Royal Haskell, failing to give sufficient bond in 1879, was succeeded by M. W.. Packard, who was followed by Ansel Hulbert, who resigned in 1882, and was succeeded by Haskell, who resigned after three months, and was followed by A. H. Iddy. George J. Forbes of Brodie, Calif., located at Snohomish in 1882, remaining but a short time, and the resident attorneys, whose professional cards appeared in the Eye in 1883 were

George C. Fulton and J. W. Shaver. Fulton was an expert accountant, and almost upon his arrival was employed to prepare an expert balance sheet for the county. An item appearing at this time tells of the death of W. W. Newlan, at one time a lawyer at Snohomish, at Walla Walla, where he was register of the United States Land Office. W.M. Tirtlot had left Snohomish, and in 1883 was admitted to the bar of California at San Francisco, from which city Shaver hailed, so there was an even exchange between Snohomish and San Francisco. The March, 1883, term of the District Court was the lightest known in the county before or since. There were no attorneys present, no indictments found, and the court adjourned as soon as the routine of formalities would permit. In 1884 there were women jurors for the first time, the pioneer women jurors being Mrs. Joseph Getchell, Mrs. J. H. Hilton and Mrs. Harriett Stevens. J. L. Griffith of Nevada was admitted to the bar at La Conner in June, 1884, and another new attorney was Ralph Ross, a native of Maine. The first mention of Samuel Henry Piles in a Snohomish newspaper was December 12, 1883, being simply a card announcing "S. H. Piles, attorney and counselor at law, office over the postoffice, Snohomish City, W. T." and contrary to the usual custom, there was no eulogistic announcement of his coming. Fulton had left the city and Piles and Shaver were the sole representatives of the legal fraternity in Snohomish County. Piles was a young man of twenty-five, and was a Kentuckian by birth. He was admitted to the bar of Washington Territory in 1882. His first appearance in Snohomish County was at Stanwood, and it is reported that he was "flat broke" when he arrived there. He clerked in the Irving store for $30 a month, and when he thought that he had saved sufficient money to risk the venture, he came to Snohomish, hung out his shingle, and inserted his "card" in the Snohomish Eye. The furniture in his little room over the postoffice consisted of a smooth board for a desk, a chair, a three-legged stove, and a drug box, which he used as a desk cabinet and which was given to him by Lot Wilbur, the pioneer druggist. The acquaintances he had made among the loggers and ranchers of the north part of the county proved an asset to him, but more than this, there was his indomitable courage, never-failing cheerfulness and good humor, and his love of hard work. 'The first mention of Mr. Piles as an attorney was when he appeared with Eldridge Morse to defend Jim Libby, an Indian, who killed Captain Sam, another Indian, near Snohomish City on the night of October 22, 1883. When the accused was arraigned, Piles submitted the motion to dismiss on the ground that the complaint had not been signed by the accuser, and numerous other technicalities. When the sheriff sought to defend his actions, Piles moved that the sheriff be fined for contempt of court for overstepping the boundaries of law in appearing as an attorney, and for interrupting the attorneys. The justice did not see fit to impose a fine, and the prisoner was held for trial. The following week Libby was discharged, there not being sufficient evidence, although it was known to all that he had committed the crime, and thus, Sam Piles won his first case in the courts of Snohomish County. In connection with this case the Eye said: "As is customary, the Siwashs will probably settle the matter among themselves, and Libby will, with the assistance of some of Sam's Tillicums and a knife or a shotgun, shortly climb the trail leading to the happy hunting ground. This case has cost the county about $200." The last sentence of this item shows the popular sentiment in regard to fines among the Indians, and, in fact, to crimes of violence in general. The days of the duel were not long past, and there was a general feeling that if two men settled their grievances and one of them happened to be killed it was not a matter of great public concern, and that the county was not justified in going to great expense to punish the survivor. Just prior to the March term in 1884, Al Gifford, a Pilchuck logger, was found outside of Pat Cull's saloon with a deep gash in his forehead. Cull and Stevens, his bartender, were arrested for the assault. The grand jury failed to indict, and Cull was discharged, but at the same time it was recommended that his license be taken away from him on the ground that he was not a fit person to conduct a saloon. C. M. Bradshaw, the prosecuting attorney, also dismissed other indictments for different offenses against public morals on the ground that the evils had been abated, that conviction would be difficult, and the county should be saved the expense of trials. Five women served on the grand jury and five on the petit jury. It was said that most of them did so much against their will, the newspaper accounts saying "the majority of our female citizens do not seem to thoroughly appreciate this part of their new-found 'rights,' and the different tactics which many adopted to escape duty as jurors were extremely amusing."' The members of the bar at this term of court were Orange Jacobs, W. H. White, T. J. Humes, who later was mayor of Seattle, U. M. Rasin and J. H. Mitchell of Seattle, P. P. Carrol of Olympia, Alexander Campbell of Tacoma, S. H. Piles, E. Morse and J. W. Shaver of Snohomish. At the September session the grand jury reported no indictments and said that while crimes were becoming too frequent, it was unable to secure sufficient facts to warrant action. This grand jury also investigated the affairs of the county, and said "While we are satisfied that there has been culpable neglect of duty, we are not able to say that it has been willful.' H. Blackman was foreman of this jury and the docket seems not to have been important and the only attorneys present were J. T. Ronald of Seattle, a deputy prosecuting attorney, J. H. Mitchell and C. F. Munday of Seattle, and Piles and Morse of Snohomish, Shaver having left the county. As Morse was given to long journeyings about the Sound the major part of the law business soon fell into the hands of Mr. Piles, and most of his business was transacted in justice courts throughout the county. The justices of the peace were little versed in the law and the account of some of these trials is highly amusing. There was much excitement in the town over the raffling of a horse at the Cathcart saloon. It was charged that C. C. Thornton had won the animal, but that Robertson, the bartender, had changed the figures on the tally sheet and declared himself the winner. This case was brought into the Justice Court and there was a jury trial before two women and four men. After much evidence had been submitted the defense moved to dismiss on the ground of insufficient evidence, and this motion was sustained at once, and without argument. It was held that this action on the part of the justice of the peace was dictated, wholly by his friendship for the accused. This is given simply as a sample of the conditions which confronted the young attorney of that time.

An anecdote of the Justice Court, as related by S. H. Piles, has been printed before and may, perhaps, be called a classic in the annals of the bar of Snohomish County, but coming from such a source and from one who has become such a distinguished citizen, it 1s worthy of repetition in any history of Snohomish County. The incident, as related by Mr. Piles, is as follows: 'In the fall of 1883, I located in Snohomish County, this state, and began the practice of my profession. My office was not as luxuriously furnished as one might expect. My desk consisted of an improvised smooth board, one end of which was nailed to the wall, the outer side being supported by two pine slips; this, together with a stove of three legs, one chair and a drug box, constituted the whole of my furniture. Snugly ensconced in my office, I anxiously awaited a client, when, late one afternoon, I was surprised by a knock at my door, and in entered a lean, long, lank individual who inquired if I were a lawyer. Having satisfied him on that score, he informed me that some time previous he had been employed by a neighbor to construct a chimney ; that his neighbor had refused to pay him, and in consequence, a deadly enmity had grown up between them; that a few days prior to his visit to my office, his neighbor was driving along a lonely road that penetrated the magnificent forest in that county and that someone had suddenly leaped up from the forest into his wagon and proceeded to give his neighbor a good choking from the rear, after which the unknown mysteriously disappeared into the forest from whence he came. His neighbor was unable to ascertain with any degree of certainty who the villain was, but suspected the unfortunate man who stood before me. He had in consequence, been arrested for assault and battery and would be tried on the following afternoon before a Norwegian justice of the peace who lived some five or six miles from Snohomish City, and desired to know what I would charge him to conduct his defense. I weighed the subject with great care as I was badly in need of funds to liquidate a few unsettled demands, and told him I thought ten dollars ought to be cheap in view of the seriousness of the charge and the long distance from my office, and explained the necessity of closing my office, which of course was a great detriment, in view of the numerous clients I had. The defendant looked at me, then at my furniture in a somewhat dubious manner and remarked that three dollars and fifty cents was all the money he could afford to pay, and inasmuch as I was a newcomer in the county, I ought to be willing to take the case at a reasonable figure, as it would give me great notoriety, provided I cleared him, owing to the fact that the whole neighborhood was in arms over the affair and would attend the trial en masse. I saw the force of his argument, and finally consented to go. The Hon. Eldridge Morse, the pioneer lawyer of Snohomish, I learned, had been engaged to prosecute the prisoner and he, as I subsequently learned, had taken his departure from home that afternoon and remained over night with the justice who was to preside at the trial on the following day. After the trial of the case I also learned that Brother Morse had told the justice on his visit to his house, that I had been engaged to conduct the defense; that I was nothing but a bluffer, that I would blow a great deal and explain the law to the justice, but for him to pay no attention to what I said as I knew nothing about the law, except what he had told me, and that he had given me no advice on the manner in which I should conduct the defense, and I would be entirely at sea during the trial. It seemed that his honor paid a considerable attention to what my friend Morse had said, for when the defendant was arraigned and I arose to make some objection to the information which I discovered the court had drawn, his honor, with great dignity, said: 'Sit down, sir; you can't run any bluff on this court.' I tried to explain that I had no intention of so doing, and that I was compelled, in justice to my client, to show that his honor had no jurisdiction of the offense, owing to the defective information. This, however, was all in vain, and the court in peremptory tones commanded me to sit down, and down I went, greatly humiliated, as, in truth, all the citizens of the county, as it looked to me, were there and I was very anxious to make a display of my eloquence. I was about to appeal to the justice from another standpoint when I caught Brother Morse's eye which revealed the fact that he had 'seen the justice' before the trial, and by chance, I recalled the fact that a section of the code provided that any attorney admitted to practice in any of the district courts of the territory of Washington should be admitted to practice in all the courts of the territory, and that another section provided that if any officer refused to perform any act enjoined upon him by law, he should forfeit his office and pay a fine. I determined to pay Mr. Morse back in his own coin. Drawing my chair a little closer to the justice, I began to read these sections in a stage whisper. My interpretation of the fact was that 'Any attorney admitted to practice in any of the district courts of the territory should be allowed to practice before a justice of the peace who was enjoined by law to listen attentively to an attorney upon all occasions,' that the second section was 'If any justice of the peace, at any time fail or refuse to listen to an attorney, he should be removed from office, his property confiscated and applied to the support of the county's poor.' I had scarcely finished the latter section when the justice exclaimed 'What's that?' I re-read the latter section and he looked somewhat confused as I rose and proceeded to make my objections to the information, and I became so eloquent in the course of my remarks that at a proper pause, the justice asked me what I thought he ought to do under the circumstances. I replied that I did not presume to advise his honor, but the only way I could see out of the difficulty, was to throw the case out of the court. At this point Mr. Morse tried to interrupt me, but the court would not permit it. His honor evidently thought I used the term 'throw the case out of court' in its literal sense, for I had not concluded my tirade on the information when in a fit of frenzy, he seized the papers and threw them out of the window, exclaiming: 'This case is out of court. I will have nothing to do with it. Mr. Constable, adjourn this court to no particular day.' Brother Morse and the audience were stupefied. My client and I left the court room, with his honor and Brother Morse close behind. I took my client to one side, received his congratulations and three dollars and fifty cents and told him from the earnest manner in which Brother Morse was expounding the law to his honor, that I was afraid that the court might reverse itself, and the best thing for him to do was to beat a hasty retreat. The last I saw of my client, on that occasion, he had vaulted into a saddle and was imitating, with a degree of satisfaction, Ichabod Crane, fleeing from the headless horseman."

It may be well to insert here another story that shows something of how justice was dispensed in these early days. The loggers objected to the payment of the road poll tax. The road supervisor would notify them to pay $4 cash or work on the county roads two days; in most instances he would notify them to be at some distant place in his district, usually four or five miles from the camp - the supervisor much preferring the cash. On one occasion, the supervisor being unwell, deputized a friend - one Robert Shelton - to act for him. Shelton served notice on the men who failed to appear at the place designated. The next day he called for his money, which was also refused. Ina day or two the sheriff appeared and served a garnishee upon the boss and served a summons on the men to appear before a justice of the peace, J. P. Voisard. On the day set, twenty-two men proceeded to the home of the justice, having previously appointed one of their number to conduct their defense. On their journey it was necessary to pass through Snohomish, where they procured a gallon of whisky which they hid in the brush near the justice's cabin. At the time set for the hearing, Jim Stewart, the attorney, asked for a continuance until the afternoon, which the justice granted. Before that hour arrived the justice was invited, first by one and then by another, to sample the contents of the jug. This put him in a mellow mood when court reconvened. Stewart in his argument maintained that the law did not provide for a "deputy road supervisor," and the justice dismissed the case. On the return trip some of the loggers fell by the wayside - tarried too long at the "Blue Eagle,"' and it took Jerome Berry, the camp boss, a week to get all his crew together again.

Judge Roger S. Greene presided at the March, 1885, term, with J. T. Ronald as prosecuting attorney and C. A. Missimer as clerk. The lawyers present were Burke, Haines, Humes, White, Munday, McNaught, Mitchell and Gilman, of Seattle; M. W. Smith of Portland, and Morse and Piles of Snohomish. T. B. Neeley of Stillaguamish was admitted at this term. The most important trial was that of Meigs, an Indian, for murder. T. J. Humes and S. H. Piles were lawyers for the defense and they presented a motion to dismiss on the ground that the accused and his victim were both Indians and the case did not come under the jurisdiction of the white man's court. This motion was denied, but as the chief witness for the prosecution was the wife of the murdered man and the defense proved that she was drunk at the time the crime was committed and an Indian alibi was easily procured, Meigs was acquitted by the jury. This was said to be the longest and most expensive term of court the county had had. The grand jury found no indictments, its only recommendation being that a twelve-foot fence be built to surround the county jail. The September term was short and sweet. Court was delayed in opening because the boat was late, the grand jury convened and adjourned the same day, Morse and Piles were the only attorneys present.

This was the famous session when, according to the Seattle Star, the jovial attorneys took possession of the Riverside bar and forced the dignified Orange Jacobs to act as bartender.

During 1886 there was almost no legal business transacted at Snohomish County outside the justice courts. Judge Greene was ill and there was no session of the district court until the latter part of December. This dullness must have discouraged at least 50 per cent of the bar of the county, for on May 6, 1886, S. H. Piles took down his shingle, packed his grip and took the boat down the river to go to Spokane Falls where he had formed a partnership with Ralph Ross. The Eye said of Mr. Piles: "Sammy has been a bright star in the legal constellation of this district and he will no doubt make his mark and court Dame Fortune with success in the Minneapolis of the West, where he goes well recommended." For about six weeks after Piles left the county, Eldridge Morse reigned supreme as the sole representative of the legal fraternity in Snohomish County, but the fact of Piles' departure must have been heralded abroad and there must have been something of a race for the location, for on June 19, 1886, the Snohomish newspaper contained the announcement that F. M. Headlee, "formerly of Montana, but lately of Seattle, has 'hung his shingle on the outer wall' of the Blackman block," and just a week later the statement that "W. P. Bell, after an absence of several years, has returned and opened a law office over the Wilbur drug store.' Mr. Bell had worked on the Bakeman ranch until he saved enough to study law for three years at Seattle. These two men were destined to remain in the county for many years, and W. P. Bell is, in 1926 - just forty years later - the dean of the legal profession, still holding the esteem and affection of the people and of his fellow members of the bar.

Snohomish people were personally interested when J. 'TF. Ronald, the district attorney at Seattle, took young Sam Piles into partnership in December, 1886. The Eye said of Mr. Piles: "While residing in Snohomish, Piles built up a lucrative practice, to do which he had to contend with the best legal talent of the Queen City. Coming to Snohomish unknown and unheralded, he soon forced from the Seattle bar a recognition never before accorded a practitioner at this place. Mr. Piles is a polished orator and a settled reasoner, possessing that rare talent of magnetism which enables him to wield a powerful influence in a trial by jury."

The first term of court for more than a year opened just before Christmas, 1886, with Judge Greene again able to preside. The list of Seattle attorneys present contains a number of new names of men who became famous in the history of Washington and some of the old names are missing; those present were E. P. Ferry, J. Hamilton Lewis, N. Soderberg, J. Rochester, T. J. Humes, T. N. Haller and S. H. Piles, already tired of Spokane Falls and settled in the city which he was to call his home for the remainder of his life. Morse, Headlee and Bell were the resident attorneys. The Snohomish Eye looked with suspicion born of sad experience upon these lawyers from Seattle; they were brilliant barristers, perhaps, but poor pay. This caused the newspaper to announce in January, 1887, that thereafter all legal notices must be paid for in advance, ''as we have too many accounts against Seattle attorneys."

Both of the new attorneys took an active part in village life and Mr. Headlee proved his efficiency by winning the spelling contest held by the Society of Wranglers. There was some business in the justice courts and the attorneys made the most of it. An account of a trial before Justice Swafford said that "it was as good as a circus; judge, witnesses and attorneys all got up steam and talked at once and the justice several times threatened to clear the court room." Judge Richard A. Jones succeeded Judge Greene as chief justice in February, 1887, and Judge F. A. Lynn succeeded Judge Hoyt as associate justice; Judge Jones presiding at the May term of court for Snohomish County.

The grand jury found five minor indictments and again pronounced the jail a disgrace, but the term was not important. The next change in the bar of the county was when F. M. Headlee and T. J. Humes formed a partnership. This did not change the status of the resident bar, however, as Headlee conducted the Snohomish end of the business while Humes remained in Seattle; this was the first of the Seattle-Snohomish partnerships, and the second was formed in February, 1888, when the new firm of Ronald, Piles & Winn was formed, with J. R. Winn as the Snohomish County member. This was announced as a "special and limited" partnership. The next addition to the local bar was in January, 1889, when J. B. Ault opened an office over the Lumberman's Bank.

John B. Ault was born in Canada in 1859 and came to the United States in 1877, finding employment in Chicago with a sewing machine company. He came to Snohomish in 1882 as bookkeeper for Blackman Bros. He read law under S. H. Piles and was admitted to the bar in December, 1887, but did not resign his position to practice his profession until 1889. He was the founder of the Lumberman's Bank and for a number of years was a central figure in Snohomish County politics.

Another strong addition to the bar during this period was J. C. Denney. He was born in Delaware County, O., lived for a time at Iowa City, Ia., and was admitted to the bar of Henry County, Ind., in 1877. He resided for ten years at Stockton, Kans., where he served two years as probate judge, coming to Snohomish in June, 1888, as the junior partner of the firm of Humes, Headlee & Denney.

A. W. Frater, another native Ohioan, after practicing law at Brainerd, Minn., and Kansas, came to Snohomish in 1889 and at once became a power in politics as well as at the bar. He formed a partnership with J. B. Ault, which was dissolved, however, in 1890.

The next accessions were J]. W. Miller and L. F. Hart, both of whom came to Snohomish in the spring of 1889. Owing to the sudden death of Judge Jones there was no December term in 1888, and the May, 1889, session was the first for a year. Judge Hanford presided, W. W. Newlin was prosecuting attorney and C. A. Missimer, clerk. New names among the Seattle attorneys were W. R. Andrews and H. J. Jacobs. The Snohomish County Bar had increased to six members: Morse, Headlee, Bell, Miller, Hart and Winn. New members admitted at this session were A. B. Rogers, D. W. Craddock and J. W. Heffner, the latter of whom was to be much in the limelight of county affairs. This was the year when Washington advanced to the dignity of statehood and this caused changes in the judicial system as well as in other departments of government. As is apt to be the case, the attorneys were active in the politics of the county, and as the law business could not have been very lucrative, two of the attorneys, J. R. Winn and J. W. Heffner, had opposed each other as candidates for county superintendent of schools in. 1888, Heffner being elected. Wann was an ardent democrat and the county and district was nominally strongly republican. Judge Kellogg, of Whatcom, was first nominated for judge by the republicans, but he died soon afterwards and J. J. Weisenburger, also of Whatcom, was named to fill the vacancy, but this was done in such a way as to arouse the resentment of Snohomish County republicans, and thus when Winn was nominated by the democrats he won by a narrow margin. This election resulted in his removal, first to Mount Vernon and then to Whatcom, where he resided during the remainder of his time in office. In August, 1890, he was married to Miss Lulu Piles, a sister of S. H. Piles. J. W. Heffner was elected by the republicans as prosecuting attorney in 1890, this being a new county office, and in the meantime A. W. Hawks had formed a partnership with Heffner. In 1890 J. C. Denney formed a partnership with F. M. Headlee, but this combination lasted but a short time, as Mr. Denney was elected to the new office of superior judge. J. P. Smith won his maiden suit in 1890, and C. T. Roscoe was admitted to the bar. This was the great railroad building era with the boom days in full flower, and Ivverett just beginning to see the light, and the bar of the county, which had known but few members, suddenly became crowded. The roster of the attorneys as published in the Snohomish Eye, January 4, 1891, consisted of A. W. Hawks, J. W. Heffner, F. M. Headlee, A. W. Frater and his partner, J. A. Coleman, J. B. Ault and his partner, H. G. Munns, W. P. Bell, and Craddock & Miller; to these were added the firm of Megquier and Hartson in May. The members of this firm were Judge George H. Megquier, who came from Spokane, and P. D. Hartson, who had practiced law in Dakota. They had their office in the England Block. W. W. Black, of Leavenworth, Kans., joined the Snohomish bar in July, and in November A. D. Warner was added to the list. The most important trial in 1891 was that of Montgomery for the murder of Oscar Trask. As Judge Denney had been assistant prosecutor when this case originated he disqualified himself from serving on the bench at this trial, and the case was heard by Judge H. McBride, of La Conner. Lawyers for the prosecution were J. W. Heffner, Richard Windsor and G. D. Farwell; for the defense, A. W. Frater, J. A. Coleman and J. T. Ronald. This crime grew out of a neighborhood row and there had been much bad blood between the two men. The murdered man was not held in good repute, and although it was shown that he had no weapon and that Montgomery shot him five times, the jury acquitted Montgomery on the ground of self-defense. The verdict was very popular, and a newspaper account said cheers rent the air as never before in a Snohomish County court, when it was rendered, that hundreds shook hands with the defendant, J. A. Coleman making a speech of thanks on behalf of his client. With the founding of Everett, the bar of the county took on an entirely new aspect, with new names and faces, and with the removal of the county seat the scene shifted to Everett and the bar of Snohomish was well nigh deserted. This closed what may be termed the pioneer period of the legal profession; the county had a court of its own, and it was no longer necessary for lawyers to journey by boat or on horseback to follow the judge from county to county. Not only this, but the bar contained so many able and gifted lawyers that no longer did the list of Seattle attorneys at a Snohomish court far outbalance the list of resident attorneys. In some cases, as in the county seat fight, their old friend Sam Piles was called upon and J. Hamilton Lewis had quite a vogue as a criminal lawyer throughout the entire Sound region, but the people came to rely more and more upon the local attorneys and the imported lawyer soon became almost a thing of the past.

Among the many new attorneys of this period, some of whom remained, while others had but a temporary stay, were S. Baird of Tacoma, who opened a law office at Lowell in July, 1891; W. H. Kennedy, A. J. Morgensten, and Fred Lysons, who were admitted to the bar in November, 1891, and who were tendered a banquet at the Penobscot Hotel at Snohomish; Frank W. Spear, a former editor of the Snohomish Sun, who opened an office at Everett in January, 1902; R. J. Mooney, who came to Snohomish; George Allen, who removed from Eastern Washington and entered the firm of Hawks & Heffner in February, 1892; and W. C. Morris and W. R. Andrews, who located at Snohomish in the spring of that year and formed a partnership in October. The great social event among the attorneys was the marriage of Frank M. Headlee and Mrs. Fannie King, July 5, 1892. They went to Alaska for their wedding trip and were accorded the warmest kind of a welcome upon their return to Snohomish. Mr. Headlee died in October, 1926, in Eastern Washington. J. W. Hartnet of Everett and Leonard Waldron, from Knoxville, Tenn., who had been a schoolmate of C. 1. Roscoe and W. H. Kennedy at Muskegon, Mich., were admitted to the bar in September, 1892. At the close of his term as county clerk C. T. Roscoe formed a partnership with John Waterson Miller, and it is of the latter that the following anecdote is told: In the trial of a case against A. D. Austin, Miller asked Austin to yield for a few minutes. Austin replied, "Certainly." "For how long?" inquired Miller. "As long as the gentleman will keep his hands in his pockets," said Austin, laughing. Muller smilingly accepted the terms and proceeded as follows: "I know, your honor, that Mr. Austin is one of the English lawyers of this country, but - " here both of Miller's hands flew in the air. 'Time's up," cried Austin, and Miller slowly took his seat. A. D. Austin went from Missouri to Seattle in 1889 and formed a partnership with W. P. Bell in 1892. He died at Seattle in December, 1911.

law firm of Bell, Austin and Bevington in January, 1893, and took charge of the firm's business at Everett, while Whitney, Frame and Rogers opened an office at Stanwood with Rogers in charge. New attorneys in 1893 and 1894 were E. B. Palmer, who associated himself with A. W. Frater at Snohomish, Hugh M. Fry and Will J. Ferguson, F. E. Davis and George E. Banks. In February, 1895, Frank Crow and L. N. Jones were admitted to the bar. Mr. Jones had studied under Bell & Austin and located at Arlington, at which city he has now been in successful practice for thirty-one years, now holding the record for the State of Washington for the longest continuous service as a city attorney. There were numerous additions to the bar during this year, and among them were Judge P. K. Lewis of Everett, Sheriff James Hagen and two of his deputies, Dan Currie and Harry Knowles, James Burton, and two editors, Davis of the Haller City Times and Bartholomew of the Monte Cristo Mountaineer. There were some removals, as when J. F. Bakeman left for Oakland, Cal., in 1895, and former County Attorney Whitney left for Los Angeles in 1896, and T. E. Skaggs, who opened an office at Arlington in 1897, removed to Everett. The firm of Heffner & Hawks was dissolved in 1894, Hawks forming a partnership with Frater and in 1896 abandoning the law for mining; in 1897 Allen left the Headlee firm and removed to Granite Falls. A. W. Frater left Snohomish County in 1898 and became interested in the Yukon Transportation Company at Seattle. He became one of the judges of the superior court, which position he held for many years, dying in 1925. George L. Brown, who came as lawyer with the Everett Land Company in partnership with Frank H. Brownell, removed to Seattle in 1895.

George L. Brown and Frank H. Brownell, the firm being styled Brown & Brownell, were the first lawyers to locate in what is now the city of Everett. They had been located in Tacoma, but in the summer of 1891 removed their offices to Lowell, occupying a small building near the river front of that little river landing settlement, and a few months later removed to the first office building of the Everett Land Company, for which they were attorneys, at the corner of Pacific and Oakes avenues. Brown, years later, removed to Nevada, where he has for many years served on the bench of the Nevada State Supreme Court. Brownell, once Everett's favored candidate for Congress from the old first district, removed to Seattle in 1909, and later to New York City, where he still resides.

H. D. Cooley was the second Everett pioneer lawyer, and first on the present Everett town site. He came from Eau Claire, Wis., and in October, 1891, opened a modest little law office in the rear of a small, one-story shack erected by a real estate dealer who occupied the front part of the little building situated on Chestnut Street, Riverside addition. He remained there only two or three months and then occupied rooms in a larger two-story building farther up Chestnut Street. In 1892 John Eugene Horan, who had acted as private secretary for Manager Schuyler Duryee of the Everett Land Company for eight or nine months of 1891 and 1892, with offices on Second Street, Lowell, joined Cooley, both having come from Eau Claire, where they had been admitted to the bar. They established offices in a new two-story building farther up the street. Two years later they leased a suite in the Wisconsin block, corner of Hewitt and Hogt avenues, which was built by A. S. Taylor in 1893, at which time Cooley & Horan removed their offices there. This firm continued unbroken until January, 1926, when Mr. Horan formed a new partnership with Robert Mulvihill, under the firm name of Horan & Mulvihill. Mr. Horan distinguished himself as an author in 1895, when he published the scholarly

Black & Edwards, Judge W. W. Black and W. DeF. Edwards, were the next to arrive in the projected City of Everett, in the late fall of 1891. They occupied the so-called tower apartment on the second floor of the then most imposing frame structure of Riverside, at the corner of Chestnut and Hewitt. About fifteen years ago this historic structure was removed intact to the northeast corner of Hewitt and Rucker avenues, where it has ever since been a conspicuous object and known as the Hotel Tower building. Of late years Judge Black has made his home in Seattle, but Lloyd Black, his son, still practices law and makes his home in Everett.

Alexander Ackerman, later city attorney, a son of United States Attorney General Ackerman under President U. S. Grant, practiced law here during the year 1892, having arrived late in 1891. He left soon afterward for his former home in the South.

Mills & Sullivan also opened law offices in the Riverside addition late in 1891, and Edward Mills still continues active practice in the city.

With the public launching of the towsite of the City of Everett by the Everett Land Company, filed February 6, 1892, came an influx of lawyers, among the first of whom was the dashing and brilliant T. J. Dooley, who was elected prosecuting attorney at the election of 1892 on the populist ticket, but served only three or four months. He was taken ill and died in office May 6, 1893, the county commissioners appointing L. C. Whitney, a democrat, to serve out the unexpired term. Among the newcomers who located and practiced in Everett were H. A. Porter, who later died at his home in Everett, and S. J. Sherry, who later returned to his former home in Canada. Shea & Shea were active in the practice, the firm being composed of father and son, the latter, Julian, some years later removing to Seattle, where he has since resided. Three Clarks were members of the bar here in 1892, C. A. Clark being a partner of T. J. Dooley, and F. A. and George Clark, brothers, composed the firm of Clark & Clark. A. K. Delaney and A. H. Gamel also established themselves as a legal firm in Everett in 1892, Gamel later removing to Spokane, in 1896, where he has been a prominent member of the bar ever since that time. Louis K. Church, former governor of Dakota, who died suddenly of pneumonia at Juneau, Alaska, in 1897, was one of the most noteworthy of the attorneys of 1892. One son, L. K. Church, Jr., still practices law as a special investigator in Everett, while the other son, Thomas J. Church, embraced journalism as a profession, was a member of the Seattle Times staff a number of years and later published Seattle's only theatrical paper, The Critic. Judge A. K. Delaney, who had a partner named Lentz, the firm name being Lentz & Delaney, became one of the pioneer lawyers of Alaska, leaving Everett for the North in December, 1895. W. DeF. Edwards, original partner of Judge Black, removed to Los Angeles, where he died, but his widow returned to make Everett her permanent home, and she died here in 1925.

One of the ablest orators among the early lawyers of Everett was Col. H. A. Eddy, of the law firm of Eddy & McMartin. Colonel Eddy was prominent in practice here for several years, concluding with his election to represent the Everett district in the lower house of the Legislature. At the conclusion of the legislative session the eloquent colonel did not return to Everett, but departed for San Francisco, where he soon established himself as a forceful power in the politics of the Golden State, and was credited with having practically effected the election of United States Senator Perkins by the persuasive force of his unusual eloquence.

Nearly all the pathfinding lawyers of Everett experienced almost primitive conditions of practice as well as all sorts of discomforts due to the absence of anything but rude shack housing. Joseph Coleman, who is still a valued and prominent member of the Everett bar, says he really enjoyed what was probably more than the usual share of pioneering. Mr. Coleman, a native of Nebraska, had waited on table and taken care of a bunch of horses and dairy cattle to work his way through a four-year course at the University of Nebraska, after which, determined to be admitted to the bar of Nebraska, he spent three years in Omaha studying law, all the time working for his living as a waiter in a restaurant and getting up at 5 o'clock every morning to carry a delivery route of the Omaha World-Herald. When he arrived in the new-born city of Everett he was practically broke, but managed to rent a bare room in the old Bast block, Riverside, where he opened his modest little law library on September 16, 1892. He slept on an improvised cot in his office, which was also his dining room, his culinary furniture consisting of a small kerosene lamp, over which he twisted a wire holder or frame for his other utensil, a tin cup. He had brought with him some tea, and this he would cook or steep over the oil lamp and then wait for it to cool. He was able to get an extra loaf of rye bread by purchasing a dollar's worth of bread tickets from the neighboring pioneer bakery - thirteen big loaves for a dollar. For several weeks the young lawyer's "meals" consisted exclusively of tea and rye bread. And yet he maintains he was really never discouraged, but was enthusiastically confident that both he and the embryo city would win abundant success and live happily practically all the rest of their lives. In 1894 John B. Fogarty, now president of the Snohomish County Bar Association, joined Mr. Coleman, and ever since that time the firm of Coleman & Fogarty has been one of the leading elements of the Snohomish County bar.

Judge Walter P. Bell, one of the most distinguished members of the Snohomish County bar, practiced in Snohomish for many years before coming to the metropolis and new county seat. The original firm of Bell & Austin, however, upon the eventual transfer of the county seat to Everett from Snohomish, in February, 1897, established the firm's central law office in the Marion block at the corner of Rucker and Hewitt avenues, with the junior partner, A. D. Austin, in charge, Judge Bell remaining in Snohomish City to take care of the well-established business of the firm there, until 1903, when he, too, removed to Everett, where he has ever since made his home. Five years later, in November, 1908, Judge Bell was elected attorney general of the state on the republican ticket. He served in that position until the Legislature of 1911 created an additional superior judgeship for Snohomish, and Governor Marion E. Hay appointed Judge Bell to that position for the initial term of two years. He served out the term, and at the general election of 1912 Judge C. Bell was elected to succeed him, and Judge Walter P. Bell retired to renew his private practice in January, 1913.

Albert Washington McIntyre, sixteenth governor of Colorado, came to Everett in 1900 and at once became one of the outstanding figures of the Snohomish County bar, a position which he maintained until his death a number of years later. He was a native of Pittsburgh, Pa., born January 15, 1853, but had been a disiinguished resident of Colorado since 1876, having served both as county judge and as district judge of the twelfth judicial district before his election to the governorship on the republican ticket in 1894 over the famous Governor David H. ("Bloody Bridles") Waite, by a vote of 93,502 to 74,894. He opened law offices in Everett in December, 1900, and at once became profoundly interested in mining opportunities in the neighboring Cascade Mountains. His outstanding mining project was the Foss River Consolidated Copper Company, of which he was president and controlling owner. Although he had the preparation of a university course in mineralogy, he spent three months of the winter of 1906-7 studying at the School of Mines of the University of Washington. At his death he was survived by his widow, who was his second wife, married in 1899, and an only son, Joseph Phillips McIntyre.

In 1906 the Washington State Bar Association held its annual meeting in Everett, at which time Frank H. Brownell, who had been prominent in the councils of the association for a number of years, presided as president. Daniel W. Locke of Everett has served three terms as vice president of that organization. In 1925 John A. Coleman of Everett was elected president of the state body.

Including the judges of the superior court, there are now sixty-four members of the Snohomish County Bar Association, most of whom participate in the annual meeting, which takes the form of a banquet on Washington's Birthday, February 22, these events being made the more delightful by the presence of the wives of the members. One of the most memorable meetings or outings of the association was eventuated in the summer of 1918 at beautiful Silver Lake, when the Snohomish County Bar Association joined with that of King County in a joint outdoor session and picnic, in which more than 300 participated.

The first bar association was organized in Snohomish in 1892, two years preceding the spectacular political and legal battle over the removal of the county seat. Among the pioneer lawyers who participated in this historic meeting, according to the recollections of Judge W. P. Bell and others who attended, were: J. W. Heffner, Joseph Coleman, Hawks, A. W. Frater, George Allen, W. W. Black, John C. Denney, F. M. Headlee, A. D. Austin, L. C. Whitney, Geo. H. Munns, A. B. Rogers, R. J. Mooney, Capt. H. L. Coon, John B. Ault, V. J. Bevington and George Clark, the two last named practicing under the firm name of Clark & Bevington. This firm was dissolved in 1898, when Bevington departed for Alaska, in the first year of the great Klondike gold stampede. He remained in the north country a number of years, and then came out and purchased a farm near Chehalis. At the time great stands of timber were blown down in western Clallam and Jefferson counties by the great storm of 1920, Mr. Bevington was appointed by the governor to organize and head an emergency system of fire patrol for the stricken district, and he accomplished the task admirably.

At this first general assembly of legal lights of the county, practically all of whom then maintained their offices in the county seat, City of Snohomish, Walter P. Bell was elected president and John B. Ault secretary. The old association was fairly active and continued to function until 1897, when the county seat was finally transferred to Everett. The advisory committee appointed in September, 1893, consisted of Delaney, Church and Austin, and the committee on constitution was composed of Grosscup, Sherry and Coleman.

Attorney Naylor, one of the old-timers in the profession here, was defending in superior court a man accused of having obscene printed matter in his possession. Attorney Hartnett was county prosecutor.

"Gentlemen, here is a book my dear old mother gave me when I was a little boy. You, of course, all recognize it - it's the Bible. You don't think for a minute my dear old mother or any mother would give her boy a book which contained obscene matter. You recall what my client is accused of having in his possession. Gentlemen, I want to read you from this book to prove to you that what my client had in his possession was not obscene, as all of us who have Bibles in our homes have matter of a similar nature. Gentlemen, I'll read first from the book of -

"T object; I object!" shouted Prosecutor Hartnet, rising to his feet hastily from the bar table where he had been drawing pictures on a piece of paper. He rushed to Attorney Naylor, thrust out his hand and took the Bible. Quickly he thumbed over the leaves to the one on which the date of its printing was shown.

"T object," he reiterated. "Your honor, this Bible was printed in 1868; it is not a revised version, and much matter that is in this edition has been expurgated from the recent issues."

Attorney Naylor was nonplussed, nay flabbergasted. Also, he was ignorant of whether his brother attorney spoke the truth about the matter having been expurgated. He therefore changed his attack, not waiting for a ruling, and did not attempt to use the Bible's contents in his argument.

The officers of the Snohomish County Bar Association in 1926 were: John B. Fogarty, president; O. Duncan Anderson, vice president; Charles W. Jordan, secretary, and Daniel W. Locke, treasurer. Treasurer Locke had already served the association three notable terms as president, first in 1917, which marked the beginning of considerable activity by the organization, another term beginning in 1921, and again in 1923. J. Y. Kennedy was president in 1918, B. E. Padgett in 1920, Judd in 1922, QO. A. Kaune in 1924 and 1925. Unfortunately, the earlier records of the association have not been preserved. The members and practitioners of the Snohomish County bar, nearly all of whom are also members of the bar association, at this time are (the superior court judges being Hon. Ralph C. Bell and Hon. Guy C. Alston):

Everett: O. Duncan Anderson, Oliver Anderson, Walter P. Bell, E. L. Bennett, W. W. and Lloyd L. Black, S. A. Bostwick, S. J. Brooks, W. H. Clay, Joseph Coleman, Clarence Coleman, J. A. Coleman, G. F. Cook, H. D. Cooley, F. L. Cooper, E. C. and A. E. Dailey, John R. Dally, Charles R. Denney, J. W. Dootson, G. D. Eveland, John B. Fogarty, M. H. Forde, L. B. Gunn, H. W. Holmes, Earl W. Husted, J. E. Horan, Andrew Johnson, Wm. A. Johnson, C. W. Jordan, J. Y. Kennedy, G. M. LeCocq, D. W. Locke, Geo. W. Louttit, W. H. Mason, Lewis A. Merrick, Edward Mills, Robert Mulvihill, Newton & Newton (Clifford and A. M.), B. E. Padgett, John C. Richards, C. T. Roscoe, John Sandige, Noah Shakespeare, Wm. Sheller, Joseph H. Smith, Stiger & Kaune (T. A. and Q. A.), Sherwood & Mansfield (B. W. and F. W.), T. E. Skaggs, Albin W. Swanson, C. A. Turner, Alex M. Vierhus, O. T. Webb, Williams & Davis (Clayton M. and Jesse). Snohomish: Minor C. Hazen, Michael J. McGuinness, A. W. and E. W. Klein, John W. Miller. Arlington: Geo. W. Hinman, Newton L. Jones, Albion M. Wendell. Monroe: E. T. Bascom, T. P. Ranall, G. L. Snyder. Stanwood: George M. Mitchell. Edmonds: O. L. Miller, who died in October, 1926. Granite Falis: A. R. Moore. In all there are seventy-two lawyers qualified and practicing in Snohomish

County, fourteen of them practicing in communities outside of Everett, and of this total of practicing attorneys sixty-two are members of the association.

At the instigation of President D. W. Locke, 1923, who levied a special assessment of $4 per member for the purpose in that year, the association made a beginning in the matter of accumulating an association reference library by purchasing the valuable files of the Pacific Reports collected and owned by J. A. Coleman. Since then other volumes have been added, and the association library now numbers more than 1,000 volumes and booklets.

Since that time, however, a statutory provision has been enacted by the state Legislature to provide funds for the establishment and maintenance of law libraries in counties of the second and third classes, such as Snohomish County. Under this law, now in effect, in all causes tried in the superior court the plaintiff and defendant each is assessed $1, the proceeds of this fixed charge, $2 in each such case, are placed in a fund for the purchase of books for the county's official law library. At the present time no provision has been specially made for the housing or care of such a library, and for the time being, and ever since the operation of the new law, the library has been accommodated in the judge's chambers, and Superior Judge Ralph C. Bell has voluntarily taken charge and care of the books. With the completion of projected additions to the county courthouse, however, for which provision has been made in the budget for 1927 to the amount of $30,000, it is quite probable that permanent and adequate provision will be included for this new feature of court work.

In conclusion it may be well said that the superior courts of Snohomish have uniformly maintained high rank in the state in the matter of court procedure and administration, and under the progressive management of former County Clerk Hulbert, in March, 1893, this county was the first in the commonwealth of Washington to establish the improved modern system of court records, which had then come into general adoption and use in the more efficient courts of the eastern states.