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340.0977356 G76h
James M. Graham. History of Sangamon County Bar.
ILLINOIS HISTORICAL SURVEY
340.0977356 G76h
History of Sangamon County Bar
Address of HON. JAMES M. GRAHAM Delivered before Annual Meeting of Sangamon County Bar Association January 27, 1931
ILLINOIS HISTORICAL SURVEY
History of
Sangamon County Bar
Address of HON. JAMES M. GRAHAM Delivered before Annual Meeting of Sangamon County Bar Association January 27, 1931
340.0979350
History of Sangamon County Bar
Mr. President and Members of the Bar of Sangamon County :
When your President honored me by asking me to prepare a paper on the Bar of Sangamon County, my first thought was, "What's the use of telling the lawyers what they know already." but my second thought was that some of them are a little younger than I and might be interested in hearing something of their pro- fessional predecessors; that what was personal experience to me might be in the nature of history to them. After I got started it became a labor of love.
I need hardly say that I shall not venture any comment on those who are still with us, and but little on those who have recently passed away, whose lives are still fresh in our memory.
Let me remark, by way of introduction, that you have a very considerable burden of responsibility to carry if you are to maintain the fine traditions of the Sangamon County Bar.
From the very organization of the County, in 1821, the Bar of this County took a leading place among the lawyers of Illinois- indeed, of the whole country-as lawyers and as statesmen. They reflected credit on Springfield and Sangamon County, at the Bar, on the bench, in the field, in the Legislative Halls of State and Nation, and even in the White House.
It is significant that all three of the Representatives now in the General Assembly from this District are members of the Springfield Bar.
With so many illustrious exemplars from Sangamon a high mark is set for them to emulate. Unlike Macbeth, they have a spur to prick the sides of their intent and urge them on to great achievement in the public interest.
The Bar of Sangamon County always occupied an enviable position. Judge Joseph Gillespie, of Madison County, one of the great pioneer lawyers of the State, in a eulogy on the life of Major John T. Stuart, referring to the early Bar of this County, said : "They had no superiors-if equals-in any State in the Union."
Many causes contributed to that result.
First, there was the natural advantages of the Sangamon Country. In those early days, when agriculture was the only industry, it meant much to have a practically unlimited area of fertile soil ready for the plow.
It is difficult for us in this day of multiplied machinery, of automobiles, and aeroplanes and radios, to realize the amount of labor, time and patience it took to clear a forest farm with the ax and then for years thereafter to cultivate among the stumps in the clearing. In some way, not satisfactorily explained, nature kept this rich prairie soil free from tree growth, ready and waiting for the plow. As some wit has said, "All that was needed was to
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plant the seed, tickle the ground with a hoe, and it laughed into a harvest."
In the days when subsistence was a problem the very name was an attraction, for in the Indian tongue, Sangamo meant "the land of plenty to eat."
With a rich soil, a salubrious climate, an abundance of pure water, and plenty of timber along the streams for building and for fuel, and with an abundance of game, the conditions were very favorable to life and health and prosperity.
These favorable conditions, which soon became quite widely known, led to an influx of settlers, mostly from Kentucky at first, soon, however, to be followed by immigrants from other southern States, and a little later, from the states to the East of us, and even from New York and New England.
Other inducements followed quickly. The keen demand for land led to the early establishment of a United States Land Office ; and aided by our location near the geographical center of the State, and by the political sagacity and activity of Lincoln and the "long nine," Springfield became the capital of the State.
As a matter of course, the Supreme Court followed the capital, as did also the United States District Court; for at that time, the State constituted but one Federal Judicial District.
No wonder that this combination of advantages attracted the attention of ambitious young lawyers from the older settlements.
Two days hence Sangamon County will be 110 years old. It was established by act of the General Assembly on January 30, 1821; so that this meeting is in the nature of an anniversary- the 110th.
On February 6th, 1821, an act was passed establishing a Court of Probate, and James Latham was chosen as the first Probate Judge.
The first session of the Circuit Court was held on May 7th, 1821, in the home of John Kelly, with Chief Justice John Reynolds, afterwards Governor of the State, on the Bench.
There were four cases on the docket, one civil case for tres- pass, one indictment for riot, and two for assault and battery.
The Court had a rather inauspicious start; the civil suit was dismissed, and the criminal cases were all continued.
The next term was held in the new court house, on June 4, 1821.
This court house was built on contract by John Kelly, the first settler, at a cost of $42.50, and so far as I could find out, was located on the south side of Jefferson, about sixty feet east of Second Street. As has happened here a few times since, the contractor made a claim for extras, and was allowed $5.00. A new jail cost twice as much as the court house-$84.75.
Two years later-(1823)-the town was regularly laid out by survey, and a United States Land Office established, with Pascal P. Enos as Receiver.
In 1825, the County had outgrown its first court house and a new one was built at the northeast corner of Sixth and Adams,
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where the beautiful C. I. P. S. building has just been erected. This second court house cost $575.00.
Six years later, in 1831, it was abandoned and a pretentious two story brick building was erected in the center of the public square, where the present court house stands, at the enormous cost of $6,841.00.
It continued to be the seat of justice until 1838, when what is now Lincoln Square was deeded to the State, and the building was torn down to make way for the new State capitol, which, with some changes, is the present court house.
Thus the County was compelled to seek other quarters for its offices.
The next court house was built on the east side of Sixth, a little south of Washington Street, about where the Savoy Theater is now located. It and the old State Bank, both beautiful specimens of architecture, were the only buildings in that half block. It continued as the County's seat of justice until the present State capitol was completed in 1876, when the County moved into the old State House, where, with a short intermission, it has continued ever since.
Historical accuracy requires me to state that from the time Court House No. 3 was torn down in 1838, until Court House No. 4 was ready, in 1845, the County leased a part of "Hoffman's Row" for court house purposes. "Hoffman's Row" was on the west side of Fifth Street, a little north of Washington. And again when the present court house was being raised one story, in 1899, the County leased and occupied quarters in what was then known as the Odd Fellows' Building on the southeast corner of Fourth and Monroe.
So much for the buildings where the lawyers assisted in the administration of justice; now for the lawyers themselves :
During the first decade of the County's history, that is, from 1821 to 1831, the names of 22 lawyers appear on the court docket.
Among these were Judge Latham, the first Probate Judge; William S. Hamilton, a son of Alexander Hamilton, Secretary of the Treasury under Washington; John Reynolds, afterwards Gov- ernor of the State; Samuel D. Lockwood, afterwards a Judge of the Supreme Court; and John T. Stuart, who was generally recog- nized as the Nestor of the early Bar, although Judge Stephen T. Logan was conceded priority as the greater lawyer.
Here is a partial list of those early members of the Sangamon County Bar, the year of their arrival, and the population of Spring- field at the time :
Name
Date
Population
William Hamilton
1823
about
150
John T. Stuart
1828
250
Stephen T. Logan
1832
750
S. H. Treat
1834
900
Ninian W. Edwards
1835
1000
Colonel E. D. Baker
1835
66
1000
Abraham Lincoln
1837
1100
Stephen A. Douglas
1837
1100
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General James Shields
1839
1500
Ben. S. Edwards
1840
(census) 1600
Lincoln elected President.
1860
9820
R. H. Patton, E. L. Chapin and I came in
1885
about 21000
Springfield Metropolitan area
1930 (census) 83000
I hope you do not fail to see the connection.
When Illinois was admitted to the Union in 1818, Nathaniel Pope was the Territorial delegate in Congress, and, as you are no doubt aware, rendered the State inestimable service by securing a shift of the northern boundary from the southern extremity of Lake Michigan to its present location, about 60 miles north. As originally located in the northwest territory, Illinois had no access to Lake Michigan. The change, secured by Judge Pope, has been of tremendous consequence to the State, and probably to the Nation.
When the new State was created a federal judicial district, Judge Pope was made the first district Judge, with headquarters at Kaskaskia. When the capitol was moved to Vandalia in 1820, the District Court moved with it, and again, in 1839, when the State capitol was moved from Vandalia to Springfield, Judge Pope and his court came along. He continued as District Judge till his death in 1850.
The District Court was for a time located on the Third Floor of the old Farmers Bank Building, on the Southwest corner of Sixth and Adams, the building in which Mr. Catron officed for some years, and in which was my first office in Springfield.
While the court was located there an event occurred which I think worth relating. It was told to me more than once by Judge A. N. J. Crook, with whom I then officed. He had served a term as County Judge of this County. He was also a Mayor of Spring- field, and a member of the General Assembly from the Sangamon District, and very fond of reminiscensing.
In 1842 Governor Boggs, of Missouri, issued a requisition on Governor Carlin of Illinois, for Joseph Smith the Mormon prophet, as a fugitive from justice. Smith had been indicted in Missouri for conspiring against the life of the Governor.
He was brought before Judge Pope in a Habeas Corpus pro- ceeding. Justin Butterfield and Ben Edwards represented Smith, and Josiah Lamborn, then Attorney General, appeared for the State.
The Court room was packed full of men and women. Ladies occupied seats all about, even on the judge's platform-among them being Mrs. Lincoln, two of Judge Pope's daughters, a Miss Dunlap (afterwards Mrs. Gen. McClernand) and many others. The Prophet was accompanied by his 12 apostles and several of the Saints, as the Mormons called themselves.
Mr. Butterfield was a striking figure when he rose to address the court. He wore a dress coat with shiny metal buttons, and a buff low cut vest.
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After a dramatic pause, during which the people scarcely breathed, he began :
"May it please the Court :
"I appear before your honor under circumstances which might well embarrass the ablest and most experienced lawyer, circum- stances most novel and peculiar ; indeed-I may say-circumstances without precedent, for when up to this very moment, in all the long and glorious history of the Bar was a lawyer called upon to appear before the Pope; surrounded by Angels, (indicating the ladies) in the presence of the twelve apostles and the Saints, to defend a Prophet of the Lord?"
The evidence showed that Smith had not been in Missouri, and therefore could not have been a fugitive from Missouri Justice.
Judge Pope died in 1850 and was succeeded by Judge Thomas Drummond, who came from Maine to Galena, Illinois, in 1835. He was appointed Judge in February, 1850. He presided over the Federal Court in Springfield until 1855, when the State was divided into two Districts-Northern and Southern.
Judge Drummond took the Northern, or Chicago District. Judge Samuel H. Treat was appointed in the Southern, or Spring- field District, and held the place until his death in 1887.
Judge Treat came to Springfield in 1835 and spent nearly all of his long life on the bench. He served two years on the Circuit Court Bench, fourteen years in the Supreme Court of Illinois, and thirty-two years as Federal District Judge, making a continu- ous and successful judicial service of forty-eight years.
He was in many ways a notable man. When I knew him he had almost grown to be a judicial automaton. I mean by that, he administered justice without any apparent effort, with machine-like accuracy and wholly regardless of personalities.
He was exceedingly economical of words, whether with tongue or pen. His Supreme Court opinions are models of brevity and of clarity. No one can fail to see the point in issue or how it was decided. I never heard anything about him as a trial lawyer.
Many of you, indeed, most of you, remember his successor, Judge William J. Allen, familiarly known in Southern Illinois as Joshua Allen, one of the kindest, most courteous and most obliging of old school gentlemen. He served a term as United States District Attorney in the latter part of the '50's.
He came to Springfield from Southern Illinois in 1886, when he was 57 years old, probably a little too old for successful trans- planting.
He had a very wide and well-deserved reputation as a trial lawyer. On the Bench he won and held the esteem of all who came in contact with him.
In his early life he had been a partner of General John A. Logan, and they always remained friends, although differing radi- cally in politics in later life.
Judge Allen's paternal grandfather was one of the seven men killed in General Jackson's army at the battle of New Orleans.
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Judge Allen's successor, Judge J. Otis Humphrey, passed away so recently as to make comment unnecessary.
He read law in the office of Robinson, Knapp & Shutt. When Mr. Hay withdrew from the firm of Hay, Greene & Littler it was reorganized as Greene, Burnett & Humphrey. Judge Humphrey had a brilliant mind, and an aggressive driving manner which some thought better adapted to the Bar than to the Bench.
I always thought that he suffered somewhat as a trial lawyer from his long association with Mr. Greene, who always took the leading part in their trial work, leaving little for those who followed him on his side of the case. Judge Humphrey passed away in his intellectual prime.
From its organization until his death, he was the President of the Lincoln Centennial Association. His introductory addresses at the annual meetings of that organization are models of sparkling eloquence.
It is quite unnecessary to say that he was succeeded by Judge Louis FitzHenry, the present genial, capable and painstaking District Judge, who we hope will rival Judge Treat in length of service.
The creation of the Eastern District of Illinois greatly dimin- ished the volume of important business in the Southern District. East St. Louis, as a great railroad center and an interstate terminal, formerly furnished a large amount of the business of the District Court here, none of which comes to us now, although there is plenty of a less desirable kind.
Turning from the Federal judiciary to the State courts, I want to go on the record as saying that Sangamon County has been ex- ceedingly fortunate in the judges who have presided over our Circuit Court, as a mere calling of the roll will show. John Reynolds, John Y. Sawyer, Samuel Lockwood, Stephen T. Logan, Jesse B. Thomas, Samuel H. Treat, David Davis, E. Y. Rice, Benjamin S. Edwards, General John A. McClernand, Chas. S. Zane, William Vandeveer, Judge Welch, William L. Gross, Jesse Phillips, Jacob Fouke, Robert B. Shirley, and James A. Creighton.
Judge Smith and Judge Briggle, who are still with us, you are all quite familiar with, and know they are worthy of places in that illustrious line.
When I came to the Bar, James H. Matheny, Sr., was,-and for 12 years theretofore had been, Judge of the County Court, which then included probate business. I knew him, and remember him, quite well. He was the personification of kindness, especially to young lawyers. He did no trial work in my time, but he had the reputation of being a power with juries, especially in criminal cases.
I can testify that he was a very powerful speaker before mixed audiences. I have heard him often addressing old settlers' meetings and picnics; but it was at Grand Army gatherings that he was at his best.
When talking to his old comrades of the Civil War, and com- pletely carried away by his emotions, he actually thrilled his au-
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dience with a torrent of eloquence, his old eyes would literally sparkle with excitement as he described their battles, and their marches, and their camp fire scenes, while his enraptured audience hung on every word.
In the strength and fervor of appeal to the old soldiers of the Civil War, among those I have heard, I would place Judge Matheny and Governor Dick Oglesby in a class by themselves.
Judge Matheny died in 1890, a few months before the end of a term, and Robert L. McGuire was appointed by the Governor to serve out that term.
Judge McGuire was succeeded by George W. Murray, who became almost as popular in the County as Judge Matheny had been. He served several terms in that office and passed away so recently as to be well remembered by all.
I should state that Charles P. Kane dovetailed one term in that office between the terms of Judge Murray. Judge Kane, who died in 1918, did not court experience as a trial lawyer, but he knew the law very well. He was a great student, both in the law and in general literature, and a very genial companionable man.
Gentle, genial, lovable Eugene E. Bone was the latest of the County Court Judges to answer the last call. We all remember him with affection.
The census of 1900 showed that Sangamon County had sufficient population to justify a separate Probate Court, and William H. Colby, whom I have already referred to as a member of the firm of McGuire & Colby, was elected as the first Probate Judge of the County. He was both successful and popular. He died sud- denly in the Court room during his term of office.
Judge Henry A. Stevens, father of Albert H. Stevens, succeed- ed Judge Colby and served a very successful term.
As the other gentlemen who served in judicial positions in the County are still with us and we hope will long continue to be with us, they do not come within the scope of this paper.
Under the constitution of 1848, States Attorneys were elected for Judicial Districts, but under the Constitution of 1870 they were elected for Counties only.
Mr. L. F. Hamilton was the first States Attorney under the Constitution of 1870.
Robert Hazlitt, who came from Gardner Township, followed him.
James B. Jones, a Ball Township boy, came next.
Noah Turner followed Jones and died during his term. Mr. W. H. Colby served during Mr. Turner's illness, and until the end of that term. I followed next, in 1892, and was succeeded by E. S. Smith.
W. E. Shutt, Jr., followed Judge Smith, and was followed by Frank Hatch.
Mr. Hatch was followed by Edmund Burke, and he by C. F. Mortimer.
This brings us to the present States Attorney-Mr. H. E. Fullenwider.
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Time will not permit me to even mention any of the many cases of public interest which were handled through that office.
For a better understanding of the situation in 1885 it is neces- sary to go back of that date for perspective.
The firm of Robinson, Knapp & Shutt was dissolved in 1881 by the death of A. L. Knapp, familiarly known as "Tony" Knapp. It was later reorganized as Palmers, Robinson & Shutt.
The firm of Hay, Greene & Littler had been dissolved in 1879 by the retirement of Mr. Milton Hay, and was reorganized in 1883 under the name Greene, Burnett & Humphrey.
Henry S. Greene came to Springfield from Clinton, DeWitt County, and at once took a place in the front rank at the Bar.
He was born in Ireland, his parents having emigrated to Canada when he was six years old.
While yet a mere boy he crossed over to New York State and later on drifted to Indiana and finally to Illinois.
He read law with Mr. Hugh Crea, then of Indiana, and later with Mr. Lawrence Weldon, of Clinton, Illinois. He was admitted to the Bar at Springfield on motion of Abraham Lincoln. He served a term in the State Legislature, and at the end of the term located here as a member of the firm of Hay, Greene & Littler in 1869.
Mr. Greene was generally recognized as a very able lawyer. He argued a case to the court with consummate skill. He had a large railroad clientele.
He rarely spoke to general audiences. I heard him only once out of court. He delivered an address on the Irish Land Question in the old Chatterton Opera House to a very large audience.
His language was fine and his points well chosen but his voice was not equal to the occasion. It was about the time his health began to fail.
I was present in the Circuit Court when he broke down while arguing a case before Judge Creighton. He lost the power of utter- ance and would have fallen had he not been caught and placed in a chair.
I think it was his last appearance in that Court. He died in 1899, after a lingering illness.
Mr. Greene was a very fine character and enjoyed the respect of all who knew him. The firm of Stuart, Edwards and Brown was still in existence in 1885, but the death of Major Stuart in the fall of that year, and the death of Judge Edwards in the spring of 1886 left only Mr. C. C. Brown, who soon afterwards reorganized the firm under the title of Allen, Brown & Brown, the junior member of the firm being Mr. Stuart Brown, son of Christopher Brown, whom most of you remember as a good lawyer and a fine scholarly gentleman.
The firm of Patton and Hamilton was in full swing and doing a large volume of business.
Bradley & Bradley were also active, and the senior member of the firm, L. H. Bradley, was recognized as one of the leading
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trial lawyers of the city. In the late '80's he moved to Omaha, Nebraska, where he died not very long ago.
Gross & Broadwell were also prominent. Judge Broadwell had served a term as County Judge beginning 1862. He also served as member of the legislature, and as Mayor of Springfield. He was a good lawyer and a kind, genial gentleman. William L. Gross was also a good lawyer. He had been a stenographer in the army during the Civil War, and was breveted Colonel at its close.
Conkling & Grout were not yet associated as partners. Joe Grout had been associated with Thomas Sterling under the style of Sterling & Grout. That firm was dissolved by Mr. Sterling's migration to South Dakota. He had been principal of schools at Bement, Illinois, for a few years while I taught in Ivesdale, the next town to the East. I met him there at teacher's meetings and other places. We next met in Washington about 35 years later when he came to the United States Senate from South Dakota while I was a member of the House. He died last autumn.
Conkling & Grout formed a partnership about the end of 1885, which continued till Joe's death.
They made a strong team. Each was in a way the comple- ment of the other.
Joe Grout was a good trial lawyer. Very bright and quick as a steel trap. Mr. Conkling looked after the law of the case. He supplied the dignity. If any comedy was needed Joe furnished that. They handled much business of large importance, very successfully.
Major Bluford Wilson was well established here in 1885. He was appointed United States District Attorney during the first Grant administration, and was afterwards made solicitor of the Treasury during the activities of the infamous whiskey ring, and would have turned things upside down by the vigor of his prosecution if he had been given leeway.
When President Grant learned about the things that were going on he sent the famous laconic telegram :
"Let No Guilty Man Escape."
Major Wilson took the order literally, and started to obey it. He helped to send several of the guilty to the penitentiary, but was not allowed to finish the job. He didn't know how to soft pedal. He was Master in Chancery in the Federal Court under Judges Treat, and Allen.
He was a fine lawyer and a fine gentleman. He was an omni- vorous reader, and kept well abreast of the times in Historical, Scientific and Literary matters. In the latter part of his life he was associated with his son-in-law, Phillip Barton Warren, a very bright, capable young man, and one of the hardest workers at the Bar, whose mentality and ambition far exceeded his physique. He died prematurely.
Major James A. Connolly was appointed United States Dis- trict Attorney in 1876 and was reappointed twice. In 1886 he
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