USA > Illinois > Madison County > Centennial history of Madison County, Illinois, and its people, 1812 to 1912, Volume I > Part 59
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Dr. Julius Wirth was born in Switzerland
in 1847 and at the age of fifteen came with his parents to New Orleans. After attending the common and high schools of this city, he began the study of medicine and graduated from the New Orleans School of Medicine, March 15, 1870. Being an enthusiastic sharp- shooter he attended the National Festival of Sharpshooters in Highland, Illinois, in 1872, where he met Miss Emma Spindler whom he married the same year and returned with her to New Orleans. In 1874 he located at Highland and at once entered upon a large and lucrative practice which continued with- out interruption for thirty-three years. He retired from the active practice in 1907, and now watches the shadow of advancing years, surrounded by many friends, honored and esteemed by all in his community.
Dr. Charles Schott, although not to be classed as one of the pioneers, was a man who for twenty-two years exerted a large in- fluence in the southern part of this county, both in medical and lay circles. He was born in Germersheim, Rhein Province, Germany, March 26, 1832, and after his academic studies, entered military life, receiving the rank of lieutenant-colonel, cavalry, at the age of seventeen. He came to America in 1849 and began the study of medicine, graduating at Ann Arbor, Michigan. After practicing in Detroit, Janesville, Wisconsin, and Chicago he came to St. Louis and entered the Homeo- pathic Medical College of Missouri, gradu- ating in 1879. He immediately came to this county, locating at Troy, and began a success- ful career in medicine which continued until his death. He was held in high esteem by a large clientele and by the community in gen- eral, and his death, on May 21, 1901, was deeply deplored by all.
This simple recital does by no means give the names of all the old heroes of the pro- fession. There are many others whose names ought to be inscribed on the roll of honor,
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whose lives and deeds ought to have a place in these chronicles, but time has effaced the necessary data, has removed everything ex- cept possibly their names. During the past century many men have lived, followed their profession in this county, and died, leaving
no record of their ministration for future generations. This is very much to be regret- ted, and it is to be hoped that some future writer will be fortunate enough to secure the necessary material, so that the story of the old doctor will become more complete.
CHAPTER L BENCH AND BAR OF MADISON COUNTY
THE CIRCUIT BENCH-FORMER LAWYERS WHO PRACTICED AT THIS BAR-PRESENT PRACTI- TIONERS-ALTON COURTS.
By Henry B. Eaton
In attempting to chronicle the history of the bench and bar of Madison county one is met with the difficulty of putting into writing the best part of the life of the members of the bench and bar, to-wit, the many acts of kind- ness toward each other, and the little witti- cisms and pleasantries concerning each which are lost and cannot be written. The writer, too, can never depict or portray the many, many moments of anxiety and tension which filled the hearts of many an anxious litigant or attorney; nor can the thrilling moments when masters of the art of oratory were ap- pealing to the jury or the court be portrayed. Many times during the last hundred years has the old court house been packed to hear the haranguing of the jury when some important case was on trial. Those occasions have passed and linger only in the memories of the listen- ers and those who took part in the great dramas there being enacted. The rights of men to life or liberty, or their right to prop- erty, have been tried and the world has moved on with its activities ever increasing. The courts of the county have kept pace with this increased activity in business and population.
A few years ago our population was mostly rural and the business of the courts was, of course, mostly the settlement of estates, parti- tion cases. foreclosure of mortgages, etc. Of
recent years the coming in of the great indus- tries which are operating in the west and south sides of the county, and the increased mining of coal have greatly increased the work of the circuit court in the matter of trials of personal injury cases. These cases, from the intricate nature of the evidence make trials long and tedious, so that we now have four terms of circuit court per year and a great deal of the time through the winter months two of the judges of the circuit court are engaged here in the trial of cases. The influx, too, of a heavy foreign population caused by the planting of the steel and iron industries in our midst has also proportionately increased the work of the criminal side of our circuit court, so that an average of from four to five weeks per term is taken up in the examination of witnesses and the trial of cases involving an infraction of the criminal code of the state, two weeks of such time being taken up by the grand jury.
The circuit court has been relieved of some of the work formerly forced upon it by the establishment of a city court at Granite City. The city court of Alton has been in existence for fifty-three years and of course relieved the congestion of the circuit court a great deal. Also there was established in 1910 a probate court, which takes care of all of the probate matters, and thus relieves the county court
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of that part of its work. It has thus become possible for many cases to be certified down from the circuit court to the county court. This has been done but little as yet. but will no doubt be practiced more in the future to take some of the work from the shoulders of an overworked circuit court. The county court for years has had but two terms per year, but in 1911 another term was added, so that justice now is almost as speedy in the county court as the circuit.
One hears a great deal in this wonderful political year of 1912 about the recall of judges and the recall of judicial decisions, but it may be said of the courts of Madison county that while for the moment some of the decisions of our judges may have met with popular dis- approval, nevertheless the calm, sober after- thought has convinced the public that the deci- sions of our judges. in the main. have been right. And it may also be said in this connec- tion that the juries which have passed upon the great murder cases tried here have so per- formed their duty that Madison county has never been disgraced by a public lynching. Then may it not truthfully be said that the court is the bulwark of our liberty :
And it may be said that if the courts of this county discharge their duty so impartially and fairly in the future as they have done in the past, there need be no cause for fear for the litigant whose cause is righteous. And if the courts of our great republic deal as fairly and squarely as the courts of this county have done in the past. there need be no enactment giving the right to recall judge or decision.
THE CIRCUIT BENCH
From 1813 to ISIS the territory of Illinois was divided into three judicial districts and Madison was included in the first circuit.
Jesse B. Thomas presided between the dates above mentioned over the Madison county circuit court. He was appointed territorial
judge in 1809. and on the admission of Illinois as a state in ISIS he was elected to the United States senate and served in that capacity until IS29. He was a strong pro-slavery advocate and desired the recognition of slavery in our state constitution. but in this he was thwarted by the efforts of his anti-slavery constituents. He lived for some time during his public life at Edwardsville. He moved to Ohio about the year 1829, in which state he died in IS50.
Daniel P. Cook held court in Edwardsville at the March term. ISIS. He was born in Kentucky and removed from thence to this state. Upon the removal of the state capital from Kaskaskia to Vandalia he commenced the practice of law in Edwardsville. He was later elected to congress and made chairman of the ways and means committee. He gained considerable notoriety in congress and was a distinguished and able orator. both before the jury and in congress.
John Warnock presided at the July term of the Madison county circuit court in the year ISIS. He was succeeded in the fall term of the same year by John Reynolds. Reynolds was born in Pennsylvania. February 26, 1788. and at an early age removed with his parents to Tennessee, where he received his early edu- cation. He came to Kaskaskia in 1800. He received his legal education under the tutelage of Hon. John Campbell at Knoxville. Tenn. He was admitted to the practice of law in the courts of the state of Illinois in 1812. He was appointed judge advocate by Governor Edwards and in 1814 he opened a law office at Cahokia in St. Clair county. He was elected one of the associate justices of the supreme court of the state upon its admission to the Union in ISIS. He was elected governor of the state in 1830 and in 1834 he was elected to congress, where he served for seven years. He was later elected to the lower house of the general assembly of the state and made speaker. He was a strong Democrat and his
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sympathies during the War of the Rebellion were strongly with the South. He died at Belleville in 1865.
Samuel McRoberts succeeded Reynolds on the bench. He was born April 12, 1799, in Monroe county, Illinois. He was appointed circuit clerk of Monroe county when only twenty years of age. Two years later he entered the law department of Transylvania university at Lexington, Ky., and graduated after three full courses of lectures. In 1824 he was elected one of the five circuit judges of the state by the legislature. He lost the office in 1827 by reason of the repeal of the act creating the circuit courts. He was elected in 1828 to the state senate. He was appointed in 1830 United States district attorney for the state; in 1832, receiver of public moneys at the Danville land office; in 1839, receiver of the general land office at Washington, D. C. He was elected United States senator Dec. 16, 1840. He died at Cincinnati March 22, 1843. He was, while on the bench, strongly partisan. on all political questions. In defiance of a release by the legislature he assessed a fine against Governor Coles for settling his eman- cipated slaves in Madison county without giv- ing a bond that they should not become a public charge.
Theophilus W. Smith succeeded Judge Mc- Roberts in this circuit. He was born in the state of New York. He presided on the cir- cuit from 1827 to 1835. He came to Illinois in 1818. In 1821 he was elected attorney general of the state. He was secretary of state and receiver at the land office. He was regarded as one of the brightest judges who ever graced the ermine and his opinions, as found in Scammons Reports, will compare favorably with any of the judges.
Samuel D. Lockwood presided at the June terms of 1829 and 1831. He was born in New York and came to Illinois in 1818. He was elected attorney general of the state in 1821.
He held the offices successively of secretary of state, receiver at the land office in Edwards- ville, and supreme judge. He was elected to the latter office in 1825 and held that position until 1848. He died at his home in Batavia, Ill., in 1874.
Thomas Ford presided in the Madison cir- cuit court at the March term, 1845. He was a native of Pennsylvania. He was appointed prosecuting attorney in 1829 by Governor Rey- nolds and reappointed in 1831. He was later elected judge four times by the legislature ; twice circuit judge ; judge of Chicago, and as- sociate justice of the supreme court. He was also governor of Illinois. He died at Peoria in 1850.
Sidney Breese was judge of the circuit in 1835. He was born in Oneida county, New York, July 15, 1800. He entered Hamilton college at the age of fourteen years. In 1816 he was transferred to Union college, where in 1818 he graduated third in a class of sixty- four. He shortly thereafter removed to Illi- nois and entered the law office of Elias Kent Kane. He was admitted to the bar in 1820 and commenced his professional career at Brownsville, Ill., where he became so disgusted that he determined to abandon the law. He however returned to the practice and was in 1822 appointed attorney of the second circuit, which position he held for five years. In 1831 he compiled Breese's Report of the Supreme Court Decisions, the first law book in the state. He was elected judge of the second circuit in 1835 and chosen as one of the supreme judges in 1841. The following year he was elected to the United States senate. At the expiration of his term there, he was elected to the lower house of the general assembly and made speaker. In 1857 he was again elected circuit judge and two years thereafter elected again to the supreme bench, in which position he remained until his death, which occurred on
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the 28th of June, 1878, at his home at Carlyle, Illinois.
James Semple presided at the May term, 1843, who was at the time one of the judges of the supreme court. He was a brigadier general in the Blackhawk war, was speaker of the lower house of the general assembly for two terms. He was later appointed and later elected United States Senator while residing at Alton. He died at Elsah, Ill., in 1866.
James Shields, who was one of the supreme judges of the state, was the presiding judge of the Madison circuit court from October, 1843, until May, 1845. He was a very remarkable man, noted for his ability, wit and honesty. He was born in Ireland. He had the distinc- tion of having been elected United States senator from three different states-Missouri, Illinois and Minnesota. He died at Ottumwa, Iowa, June 1, 1879.
Gustavus Koerner was one of the supreme judges and he presided over the Madison cir- cuit court from 1845 to 1849. He was born in Germany, where he commenced the practice of law, and in 1833 emigrated to the United States. He was admitted to the bar of Illi- nois in 1835. He was elected judge of the supreme court of this state in 1845. He served on that bench until 1849. During his term of office there he presided on the Madison circuit, performing the duties of circuit judge. He was elected lieutenant-governor in 1852. He was on the staff of Generals Fremont and Halleck during the War of the Rebellion. He died at Belleville, Illinois.
John Caton presided in the Madison circuit court at the May term, 1846. He came from New York to Chicago and commenced the practice of law there. He was appointed by Governor Carlin judge of the supreme court in 1842, when he was only thirty years of age. He was elected several times to the same posi- tion until 1864, at which time he resigned, having served almost twenty-two years in that capacity.
William H. Underwood was presiding judge on the Madison circuit from 1848 to 1855. He was a native of New York. He moved to Belleville in 1840. He was elected state's attor- ney and served thereat for two terms. He was also elected to the legislature, and in 1848 to the position of circuit judge; he was after- wards for two terms a member of the state senate and a delegate to the constitutional con- vention of 1870. He published a work entitled "Underwood's Construed and Annotated Stat- utes of Illinois."
William H. Snyder was elected circuit judge in 1857 and served in that capacity until 1861. He was elected in 1870 a delegate to the con- stitutional convention of Illinois. In 1873 he was again elected to the circuit bench and held that position for several years. He died at his home in Belleville.
Joseph Gillespie was one of the judges of the circuit court of Madison county from 1861 until 1873. He was a native of New York. At the age of ten years he, with his parents, moved to Edwardsville. He was ad- mitted to the bar in 1837. In 1836 he was elected probate judge and in 1840 was a mem- ber of the lower house of the legislature, and subsequently a member of the state senate for eight years. He was a very close friend of Abraham Lincoln and very popular with all classes, being very democratic in his actions. He died at Edwardsville.
George W. Wall was elected one of the judges of the circuit bench on June 16, 1879. He is a native of Chillicothe, Ohio. He at- tended Michigan University from which insti- tution he graduated in 1858. He was admitted to practice in Illinois in 1859. He was elected state's attorney for the third judicial circuit in 1864. He was a delegate to the constitu- tional convention of 1870. He was also a dele- gate to the Democratic national convention of 1870. He made the race in 1872 for congress in his district but was defeated. He made an able and impartial judge. He is at present
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one of the board of examiners who pass upon the attainments of the "younger fry" who are attempting to enter into the secret and holy sanctum of the legal fraternity.
Amos Watts, one of the able judges of this circuit, was born in St. Clair county in 1825. He received his early education from a pri- vate tutor, who gave him instruction in the evening after the day's work on the farm was over. This was all the education he re- ceived by the aid of a teacher. He was elected in 1847 to the office of county clerk of Wash- ington county and was twice re-elected. He was admitted to the bar in 1854. He was elected state's attorney in 1857, and re-elected in 1860. He died in 1888 and the vacancy caused by his death was filled by the election cf Judge B. R. Burroughs.
Benjamin R. Burroughs, one of the able judges of this circuit, was born in Charles county, Md., May 20, 1849. He acquired his literary education at Charlotte Hall in Saint Mary's county, that state. He came to Ed- wardsville in 1867 and taught school for two years in Madison county and later conducted a hardware store. He began reading law in the office of Krome & Hadley in 1873 and later attended the Union Law School of Chi- cago, where he graduated in 1876. He held the position of city attorney of Edwardsville from 1877 to 1879. He was elected in Janu- uary, 1889, to the circuit bench to fill the vacancy caused by the death of Judge Amos Watts. In June, 1897, he was appointed judge of the appellate court. He held the position from 1889 until 1909, when he refused to stand for another nomination by his party. He was appointed later as a member of the state board of administration by Governor Deneen and is at present secretary of that board. Judge Burroughs made a good judge and was seldom reversed. He was distinguished for his ability to retain in his memory the controlling facts in a case which had been tried before him and
was able to clearly delineate and depict the facts when a motion for a new trial was either denied or allowed even though the matter had been before him months previously.
Hon. William E. Hadley was born Jan. 16, 1873, at Collinsville, Ill. He acquired his preliminary education in the public school and high school of Collinsville. He graduated from the high school there in 1890. He entered McKendree college in the fall of 1891. He took a part of the scientific course and pursued the entire law course. He graduated in 1893 in June with the degree of bachelor of laws. He was admitted to the bar on his twenty-first birthday. He began at once the practice of law at Collinsville and practiced alone for three years, when he became a partner of Capt. Anton Neustadt, which partnership continued until the death of the latter. July 1, 1906, he formed a partnership with William E. Wheeler and they opened an office at East St. Louis. This partnership continued until he was elected judge of the circuit court in June, 1909. He is a painstaking judge and has the respect of the bar of the entire district. He is unswerved by popular clamor but decides the cases which come before him according to the law, as the dictates of his conscience tell him it is.
FORMER LAWYERS WHO PRACTICED AT THIS BAR
Ninian Edwards was born in Montgomery county, Maryland, in 1775. His parents were quite wealthy and he was thus enabled to gain a good education, which he did. He settled first in Kentucky, where he became quite prominent in public affairs and at an early age was elected attorney general of that state. At the age of 28 he was appointed chief justice of the high court of appeals. He held that office until Chief Justice Boyle of Kentucky was appointed first governor of the Illinois territory. Mr. Edwards preferred to be gov- ernor of Illinois and Boyle preferred to be
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chief justice of Kentucky. All parties being satisfied, President Madison exchanged their places. Edwards held the office of governor of Illinois territory until 1818, when he was elected to the United States senate. He was re-elected at the end of his term. He it was who established by proclamation in 1812 the counties of Madison, Pope, Johnson and Gal- latin. He was appointed minister to Mexico by President Monroe. Edwards county and Edwardsville were named in his honor. He was elected governor of Illinois in 1826 and after serving his term retired to private life and died in 1833 at his home at Belleville, Illinois.
James W. Whitney came from Providence, R. I., in 1811, and settled at Upper Alton. He practiced in the county until about 1830, when he moved to Quincy, Ill. He was noted for his remarkable memory and his oratory. He died in Pike county, Illinois, about the year I870.
Henry Starr came to Edwardsville from the East about 1818. He remained as a prac- titioner until about 1828, when he moved to Cincinnati, Ohio, where he rose to considerable distinction as a lawyer.
Chester Ashley began the practice of law in Edwardsville in the year 1820. He was dis- tinguished as a very stylish dresser and wore knee breeches and white top boots. He moved to Arkansas a few years later and was elected to the United States senate from that state.
Jesse B. Thomas, Jr., moved to Edwards- ville about the year 1840 and practiced the legal profession for about eight years, when he moved to Springfield and later to Chicago. He was a man of fine personal appearance and a distinguished lawyer.
Thomas Ford was for a short time a prac- ticing lawyer at the Madison county bar. His life and history are given under the topic on the bench.
George T. M. Davis came from the state Vol. I-27
of New York to Illinois in the year 1832. He was a good lawyer and had a good practice. He stayed in Alton until 1846, when he was made private secretary to General Shields and he remained in that position until the close of the Mexican war, where he served as aide- de-camp. Prior to the war he was editor of the Alton Telegraph. After the close of that war he became associate editor of the Louis- ville Journal, whose editor was George D. Prentice. From Louisville he went to New York and became interested in the Goodyear Rubber Company and made quite a fortune there.
William Martin came from Utica, N. Y., to Alton about the year 1832. He studied law under George T. M. Davis and began the prac- tice of law in 1833. He continued to practice in the county until his death in 1855. He was an able lawyer and was for several years judge of the municipal court of Alton, and for one term member of the legislature.
John M. Krum came from New York and settled in Alton in 1834. He entered the prac- tice of law there and formed a partnership therefor with George T. M. Davis. He was also a partner for some time with Alfred Cowles. He was the first mayor of Aiton. He left Alton and moved to St. Louis some time after this and was later elected circuit judge and afterwards became mayor of that city.
Henry F. Sedgwick came from Albany, N. Y., to Alton in 1834. He practiced law here only a short time, when he returned to New York.
J. Russell Bullock was born in Rhode Island and came to Alton about 1835. He practiced in the county until 1840, when he returned to Rhode Island and became a judge of the supreme court. He was a partner of Edward Keating while in Alton.
Edward Keating came to Alton from Maine in 1835. He was a partner for several years
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of J. Russell Bullock. Subsequently he formed a partnership with U. F. Linder. He served one term in the legislature. He died March 10, 1857.
Samuel G. Bailey came to Alton from Pennsylvania in 1836. He practiced in Alton until his death, which took place in the year 1846. He was mayor of Alton 1842-3.
William L. Sloss came to Upper Alton in 1836. He died in St. Louis.
William F. D'Wolf was born in Bristol, R. I., April 21, 1811. He got his college train- ing at Brown University, Providence, R. I. He received the degree of master of arts from that institution in the year 1831. Four years later he received the degree of bachelor of laws. He came to Alton in the year 1836 and practiced there for eleven years, after which he was elected as a member of the lower house of the general assembly. Soon after serving his term as representative he moved to Chicago where he died. He was one time city treasurer of Chicago.
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