Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers, Part 30

Author:
Publication date: 1883
Publisher: Philadelphia, J. L. McDonough & co.
Number of Pages: 490


USA > Illinois > Edwards County > Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers > Part 30
USA > Illinois > Wabash County > Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers > Part 30
USA > Illinois > Lawrence County > Combined history of Edwards, Lawrence and Wabash counties, Illinois. With illustrations and biographical sketches of some of their prominent men and pioneers > Part 30


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Board of County Commissioners. 1873 to 1874, Je- remiah Fox, Jacob Seiler and L. A. Miller; 1874 to 1875, Jacob Seiler, L. A. Miller and E. H. Courter ; 1875 to 1876, L. A. Miller, E. H. Courter and O. H. Keen ; 1876 to 1877, E. H. Courter, O H. Keen and Luke A. Miller, re-elected. 1877 to 1877, O. H Keen, (died in office, vacancy filled by J. W. Tanquary), Luke A. Miller and Silas Andrews. 1878 to 1879, Luke A. Miller, Silas Andrews and J. W. Tanquary. 1878 to 1880, Silas Andrews, J. W. Tanquary and Berk- ley Armstrong.


1880 to 1881 .- J. W. Tanquary, B. Armstrong and Robert Ramsey.


1881 to 1882 .- B. Armstrong, died in office, vacancy filled by R. S. Gordon, Robert Ramsay.


1882 to 1883 .- Robert Ramsay, R. S. Gordon and J. E. Heniken.


County Clerks .- Hiram Bell, 1825 to 1853; James S. Johnson, 1853 to 1869; Sylvester Greathouse, 1869 to 1873; William Birkett, 1873 to 1877; Marquis D. McClintock, 1877 to 1882, and Isaac F. Price, since 1882


Sheriffs .- Abner Armstrong, 1825 to 1828; Isaac Parmenter, 1828 ; John D. Dyan, 1842 to 1846 ; Isaac N. Jaquess, 1846 to 1850; S. S. Luken, 1850, died February, 1851, vacancy filled by I. N. Jaquess, pro tem. William B. Beall, 1851 to 1852; Charles Cuqua, 1852 to 1854 ; D. S. Harvey, 1854 to 1856; Charles Cuqua, 1856 to 1858; Isaac N. Jaquess, 1858 to 1860; Charles Cuqua, 1860 to 1862; William Arbuthnot, 1862 to 1864; Isaac Ogden, 1864 to 1866; W. W. McDowell, 1866 to 1868; Isaac Ogden, 1868 to 1870; Neill C. Burns, 1870 to 1872; W. W. McDowell, 1872 to 1876; J T. Burkett, 1876 to 1878; James S. Wilson, 1878 to 1880; Martin Walser, 1880 to 1882, and Francis M. Cowling since 1882.


Circuit Clerks .- Hiram Bell, 1825 to 1826; Edward Munday, 1826 to 1828; Hiram Bell, to 1864; Richard H. Hudson, 1864 to 1872 ; William E. Keen, from 1876 to 1880, and J. T. Burkett since 1880.


Treasurers and Assessors .- Abner Armstrong, 1825; George Bell, 1827; J. H. Beall, 1843 ; G. C. Turner, 1849; David Reinhard, 1855; Paul Moyer, 1857 ; Isaac Ogden, 1859; W. W. McDowell, 1861; George W. Douglas, died in office, insane; Samuel Fisher filled vacancy ; Sylvester Greathouse, two terms, 1865 ; James B. Ramsay, two terms, 1869; N. C. Burns, two terms, 1873; Henry J. Henning, two terms, 1877, and Peter P. Keepes since 1882.


Coroners .- Levi Crouch, 1826; J. G. Wirth, 1862 ;


HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.


127


Richard Adam, 1864 ; Joel P. Thrall, 1868 ; John Kern, 1868; Samuel Shaw, 1870, four termes in office, and A. J. McIntosh since 1878.


School® Commissioners and Superintendents .- Gilb. C. Turner, 1843; James Mahorn, 1849; W. M. Harmon, 1853, two terms; James Leeds, 1861, five terms, and an additional one year term, and A. P. Manley since 1882.


State and County Attorneys .- John M. Robinson, 1825; E. B. Webb, 1832; Aaron Shaw, 1843; Alfred Kitchell, 1851; John Schofield, 1858; D. L. Brewer, 1864, and Silas Z. Landes since 1872.


COUNTY OFFICERS (SERVING IN 1883).


Stephen C. Midgett, of Mt. Carmel, Judge County Court.


Isaac F. Price, Mt. Carmel, Clerk County Court.


Francis M. Cowling, Mt. Carmel, Sheriff.


Peter P. Keepes, Mt. Carmel, Treasurer.


Alfred P. Manley, Mt. Carmel, Superintendent of Schools.


A. J. McIntosh, Allendale, Coroner.


Robert Ramsay, of Mier, Frederic Holsen, of Allen- dale, John E. Heniken, of Cowling, Members of Board of County Commissioners.


John T. Burkett of Mt. Carmel, Clerk of Circuit Court.


S. Z. Landes, Mt. Carmel, States' Attorney.


Charles Buckanan, Bellmont, Surveyor.


CHAPTER IX.


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BENCH AND BAR.


Y a wise ordination of providence, law and order govern everything in the vast and complex system of the universe. Law is everything. Law would still always exist., though every one of its professors and teachers should perish from the face of the earth. And should such a thing occur, and a new race spring up, the first instinc- tive desire of its best men would be to bring order out of chaos by the enactment and promulgation of wise and beneficent laws. Law in the abstract is as much a com- ponent part of our planet as are the elements earth, air, fire, and water; in a concrete sense, as applied to the government of races, nations, and peoples it plays almost an equally important part. Indeed, so grand is the sci- ence and so noble are the objects sought to be accom- plished through it, that it has inspired some of the best and greatest men of ancient and modern times to an in- vestigation and study of its principles.


Draco, among the first and greatest of the Athenian lawgivers, was hailed as the deliverer of those people, because of his enacting laws, and enforcing them, for the


prevention of vice and crime, and looking to the pro- tection of the masses from oppression and lawlessness. It is true that many of the penalties he attached to the violation of the law were severe and even barbarous, but this severity proceeded from an honorable nature, with an earnest desire to improve the condition of his fellow- men. Triptolemus, his contemporary, proclaimed as laws, " Honor your your parents, worship the gods, hurt not animals." Solon, perhaps the wisest of them all, a man of remarkable purity of life and noble impulses, whose moral character was so great and conviction as to the public good so strong, that he could and did refuse su- preme and despotic power when thrust upon him.


What is true of one race or nation in this particular is true of all, viz., that the wisest and greatest of law- makers and lawyers have always been pure and good men, perhaps the most notable exceptions being Justin- ian and Tribonianus. Their great learning and wisdom enabled them to rear as their everlasting monument the Pandects and Justinian Code, which, however, they sad- ly defaced by the immoralities and excesses of their pri- vate lives.


Among the revered of modern nations will be found, conspicuous for their great services to their fellows, in- numerable lawyers. To the Frenchman the mention of the names of Trouchet, Le Brun, Portalis, Roederer, Thi- baudeau, and others excites a thrill of pride for their greatness and of gratitude for their goodness.


What Englishman, or American either, but that takes just pride in the splendid reputation and character of the long line of England's loyal, lawyer sons? The Ba- cons, father and son, who, with Lord Burleigh, were se- lected by England's greatest Queen to administer the af- fairs of state, and Somers and Hardwicke, Cowper and Dunning, Eldon, Blackstone, Coke, Stowell, and Curran, who, with all the boldness of a giant and eloquence of Demosthenes, struck such vigorous blows against kingly tyranny and oppression ; and Erskine and Mansfield and a score of others. And in our own country have we not names among the dead as sacred, and among the living as dear ? In the bright pages of the history of a country, founded for the sole benefit of the people, and all kinds of people, who more than our lawyers are recorded as as- sisting in its formation, preservation, and working for its perpetuity.


On the organization of Edwards county, November 28th, 1814, the Illinois Territory comprised three judicial circuits, of which Edwards county formed a part of the third. From the admission of the State into the Union in 1818, until 1835, with the exception of a little more than two years, (1824 to 1827) the Judges of the Su- preme Court of Illinois, performed the duties of Circuit Judges. In that year a law was enacted establishing the distinctive office of Circuit Judge, and dividing the State into separate Judicial districts, which contin- ued to February, 1841, when the old system was re- established, and remained in force until the adoption of the new constitution in 1848. This constitution pro-


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HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.


vided for the election of one Circuit Judge in each judi- cial district.


The counties of Edwards, Lawrence and Wabash have been included within the same judicial district, except from 1851 to 1873. Edwards county was erected in 1814; Lawrence in 1821, and Wabash in 1824 A ref- erence to these dates will show a complete list of the


CIRCUIT JUDOES


doing duty in each of the counties in their respective order.


The earliest courts within the Territory of these three counties were held at old Palmyra, then the county seat of Edwards. The first session was held July 11, 1815, with Judge Stanley Griswold on the bench.


In 1816, Thomas Towles presiding. From 1817 to 1818, Jeptha Hardin was on the bench; 1818 to 1819 Thomas C. Browne; William Wilson, from 1819 to 1825; James (). Wattles from 1825 to 1827, when Thomas C. Browne, was again on the bench serving one year ; William Wilson again appears, serv- ing from 1828 to 1835; Justin Harlan from 1835 to 1841, when William Wilson again returns to the bench, serving until 1849, being succeeded by his predecessor, Justin Harlan, from 1849 to 1851 ; Samuel S. Marshall was then elected, serving until 1854, when he resigued, and Downing Baugh served one year; Edwin Beecher served from 1855 to 1861; Samuel S. Marshall, from 1861 to 1865, when James M. Pollock succeeded to the bench, serving until 1873. By act of Legislature, March 28, 1873, the State was divided exclusive of Cook county, into twenty-six judicial circuits, and at the election, in June, 1873, one judge was elected for each circuit, for the term of six years. Edwards and Wabash counties formed a part of the twenty-fourth district. Tazewell B. Tanner was elected judge of the circuit, and Lawrence county formed a part of the twenty-first district and elected James C. Allen, in that circuit. In 1877, the Legislature, in order to increase the number of Circuit Judges, and to provide for the organization of the Appellate Courts, consolidated the twenty-six judicial circuits into thirteen, thereby giving each cir- cuit two judges, and provided for the election of one additional judge in each circuit, in August, 1877, for two years, making three judges in each judicial circuit. The September following the Supreme Court appointed twelve of the Circuit Judges to appellate duty, the re- maining judges held the Circuit Courts in their respec- tive districts. In this change of the judiciary system the twenty-fifth and the twenty-fourth districts were thrown together to be known as the Second Judicial Circuit. In. those districts Tazewell B. Tanner and James C. Allen, were already serving on the bench, and John H. Halley was elected to make the requisite number. They pre- sided, as required by the above act, until 1879, when Chauncey S. Conger, Thomas S. Casey and William C. Jones, were elected, and are still on the bench.


.


The judges serving on the bench, in Lawrence county, while that county was not inclu lel within the same


judicial circuits, were: Justin Harlan, who served un- til 1859, when Edwin Beecher held two terms; Alfred Kitchell served nearly two years; James C. Allen, was commissioned July 1, 1861, and resigned December 31, 1862, and was succeeded by Aaron Shaw, March 2, 1863, who continued on the bench until 1867, being succeeded by Richard S Canby, and he by James C. Allen.


Some of the above named judges were, during their day very prominent and influential in shaping the af- fairs of state.


WILLIAM WILSON, a Virginian, one of the earliest judges in the State, and the first to hold court in Wabash and Lawrence counties, was for many years one of the lead- ing jurists of the State. He served on the supreme bench for a period of almost thirty years. As already mentioned he was first appointed July 7, 1819, nine months after Illinois was admitted into the Union. January 19, 1825, he was made chief justice and occu- pied that honorable position until December 4, 1848. He left behind him a most excellent record, and his memory is dear to his many friends and associates. He was a man of fine personal appearance and presided over his court with great dignity. On leaving the bench he retired to a farm in White county, where he resided until his death. THOMAS C. BROWNE was also on the Supreme bench from October 9, 1818, to December 4, 1849. He was a conscientious judge.


JEPTHA HARDIN, was a native of Kentucky, and be- longed to the celebrated Hardin family of that State. He was a half brother of the distinguished Benjamin Hardin, but not his equal, although an excellent judge and a fine lawyer.


JUSTIN HARLAN, was a man of the highest order of talents and although his learning was uot what is called liberal, yet he was a profound, well-read and able law- yer, and honest and impartial in the discharge of his ju- dicial functions. He was eminently social, and gained many friends.


SAMUEL S. MARSHALL, another able lawyer, repre- sented his district in congress in 1855, and again re- elected in 1857, '65, '67, '69 and '71, and is still figur- ing prominently in state and national politics.


JAMES C. ALLEN, was one of the Appellate Judges in the fourth district, and for several years a member of Congress. He is an able and sound lawyer, and while on the bench his fairness and impartiality and the correct- ness of his decisions won him much credit. He is a fluent and pleasing speaker and a genial, affable gentle- man.


NON-RESIDENT LAWYERS.


These counties being in the same judicial circuit in the early time, they were consequently visited by nearly the same traveling attorneys. Many were the priva- tions and hardships that surrounded the early bar of Illinois. At that time, owing to the small amount of litigation, attorneys, in order to gain a livelihood from the practice of their profession, found it necessary to fol-


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HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.


low the courts from county to county. Nevertheless, some of the most illustrious legal lights that the State has produced lived in those days.


Among the distinguished men that came to practice at Edwards, Lawrence and Wabash courts in that early day were: Edwin B. Webb, for many years in the Illinois legislature ; Col. William H. Davidson, who was a fair lawyer and for many years a leader in the State Senate ; Gen. John M. Robinson, who was prose- cuting attorney in 1821, and afterward represented the State for years in the U. S. Senate; John McLean, already mentioned, a native of Kentucky, and a good and popular lawyer: Henry Eddy, long the editor of the Shawneetown Gazette, and a man of fine legal ability ; Thomas C. Browne, who was the prosecuting attorney at the first courts of Edwards county, and afterward Judge of the circuit ; John McIntire, the prosecutor in 1816, and who for many years rode the circuit; U. F. Linder, witty and eloquent, eminent as a criminal law- yer and adroit politician; O. B. Ficklin, a profound lawyer, and leader in the national congress, who for several years was a resident of Mt. Carmel ; the hand- some and gifted Charles H. Constable ; Samuel S. Hayes, a scholarly lawyer and preëminently a self-made man ; Col. J. E. Whiting, George Webb, father of Edwin B. Webb, John Pearsons, Samuel McRoberts, Col. A. P. Field, who ranked among the ablest members of the bar of Illinois, and subsequently moved to Louisiana, and became Attorney General of that State, William J. Gatewood, an eminent lawyer, and for many years in the State Senate; August C. French, twice governor of Illinois; J. M. Krebs, John McElvain, and probably others whose names might be mentioned, but they have passed from the recollection of the oldest citizens.


EDWARDS COUNTY.


FORMER RESIDENT LAWYERS.


In early times lawyers were few in number, and resid- ed mostly in the larger towns of the State. This being a small county, there have been but few resident attorneys, and they mostly remaining but a short time. At the first term of the Circuit court held in the county, on the 12th day of July, 1815, the following gentlemen were admitted to the practice of law: Adolphus T. Hubbard, Elias Kent Kane, Thomas H. Blake, John McLean, Russel E. Heacock, Jeptha Hardin, and John McIntire. We simply mention the fact that these gentlemen were admitted at this term of court. They however were not residents of the county. The above named, afterward became prominent and conspicuous men in Illinois. Elias Kent Kane and John McLean, having represented the state in the United States senate.


The first resident attorney at Albion was JAMES O. WATTLES. He came in 1820. He resided there for a number of years and practiced in the courts of Edwards and adjoining counties. He was elected judge of the 17


Fifth judicial district in 1825, and served on the bench until 1827.


AUGUST O. FRENCH, came to Albion soon after 1820, then a young man fresh from some eastern college, and engaged in teaching a select school of small children at two dollars a quarter. He also employed a portion of his time writing in the clerk's office, at the same time reading law, and it was not long afterward that he was seen in the saddle, riding the circuit with the lawyers. He afterward removed to Palestine, Crawford county, was in the legislature in 1836 and was elected Governor of Illinois in 1846, and re-elected in 1849.


JAMES B. HINDE, who was subsequently elected cir- cuit clerk of White county, was a very early lawyer in . Albion, and practiced his profession there for a period of about six years. Soon after Mr. Hinde, came SAMUEL BOOKER, a bright and talented man, who made Albion his residence until 1849, when he emigrated to Cali- fornia, where he afterward became a man of some pro- minence.


WILLIAM HARROW, was a resident attorney for a number of years. He was considered a good lawyer. Early in the late rebellion, he enlisted in an Indiana regiment, and became colonel, and served his country with credit and distinction. He was killed a few years ago by a railroad accident, while on a trip to make a political speech.


O. S. CANBY, a single man, practiced herea few years and died in Grayville, in 1868. It is said he was a studious, careful lawyer and a man of ability.


AMOS B. MATHEWS, a lawyer of ability, located here in 1867 and remained in practice until July, 1882, when he removed to Minnesota.


R. G. BROWN, located here in 1870 remaining only a few months, when he moved to Kaskaskia, Illinois.


PRESENT MEMBERS OF THE BAR.


JOSEPH M. CAMPBELL, a native of Illinois, is the old- est resident member of the Edwards county bar. He received his education in the common schools of Wayne county, and began the study of law in the office of Wil- liam H. Robinson, and was admitted to the bar in the fall of 1865. In 1866 he came to Albion and opened a law office in partnership with his preceptor, W. H. Robinson, which relation continued until 1870. Since that date, with the exception of a short period in part- nership with H. J. Strawn, Mr. Campbell has practiced by himself. In 1873 he was elected judge of Edwards county, and by re-election still continues to hold that office. Mr. Campbell is a good judge of law, and a painstaking, careful lawyer.


HALBERT J. STRAWN is a native of Pennsylvania. He came west, and in 1870 was admitted to the bar at Princeton, Indiana. In a short time afterward he came to Illinois, and in September, 1872, prior to his admit- tance to the bar in this State, he had formed a law part- nership with Judge J. M. Campbell, which continued until 1873, when he opened an office by himself. In


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HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.


March, 1879, he was appointed master in chancery for a term of two years, and in 1882 he was elected prose- cuting attorney. Mr. Strawn has confined himself to a general practice in which he has been very successful.


WILLIAM F. FOSTER, although a native of Indiana, has been a resident of Edwards county since he was four years of age. His education was acquired by hard, studious application to his books, having attended school only nine months in his life. In January, 1876, he be- gan reading law in the office of F. A. Sampson, at Se- dalia, Missouri, and was admitted to the bar in that State May 8, 1876, having acquired the knowledge of law necessary for admission within the short space of four months. He was admitted to practice in Illinois January 22, 1879, and located at Albion, since which he has had a good practice. In November, 1880, he was appointed master in chancery and served in that capa- city for a term of two years.


LAWRENCE COUNTY. FORMER RESIDENT LAWYERS.


Many lawyers at various times have made Lawrence county their residence, some for a very short period and others remaining for several years. It is impossible to gather the names of all those who resided at Lawrence- ville in the earlier part of its history, as they have passed from the recollection of the oldest citizens.


JUDGE AARON SHAW Was the earliest resident attor- ney that became in any way prominent. He was ad- mitted to the bar at Lawrenceville in 1835, and remained there for several years. In 1850 he was elected to the Legislature, and in 1857 to Congress. He subsequently moved to Olney. March 2, 1863, he was commissioned circuit judge in the twenty-fourth circuit, vice James C. Allen, resigned. In 1882 he was again elected to Congress, and still resides in Olney.


JOSEPH G. BOWMAN located here about 1835. He is a fine judge of law and a successful attorney. He moved to Vincennes and from thence to Olney, where he now resides.


FREDERICK A. THOMAS, a young attorney, came about 1840, was elected circuit clerk and died while in office.


Two brothers, Louis and D. B. ABERNATHY, located here about 1860. The former held the office of school commissioner, and the latter was master in chancery for several years. They were promising young lawyers, and both died in Lawrenceville.


T. P. LOWERY became a resident practitioner about the same time as the above named, and remained for seven years. He held the office of county surveyor for two terms, and served in the capacity of school superin- tendent and justice of the peace. He moved to Texas.


WM. LINDSEY was here for a few years, leaving about 1864 or '65. He was politically inclined, a fair stump speaker, and receiving an office under the government he departed.


JOHN FIELDS, a lawyer of considerable ability, came to the bar in 1867. He graduated in the law department of the State University of Indiana. In 1870, he was a partner of E. B. Green of Mt. Carmel; was appointed master in chancery in 1871, performing the duties of that office until 1878. Failing health caused him to give up his lucrative practice here and he is now a resident of Colorado Springs, Colorado.


D. L. BREWER, a well known attorney, resided in Lawrenceville for a number of years.


HARRY BRISCOE, with the story of whose horrible death the citizens are so familiar, was a good young lawyer, and was for a time prosecuting attorney of the county.


T. A. STEWART, and I. N. FARNSWORTH were among those of the more recent years.


PRESENT RESIDENT LAWYERS.


The oldest resident lawyer of Lawrence county is the Hon. Wm. J. Chews. He was born in Crawford county, Illinois, in 1824, and five years later his father moved his family to this county, locating on Allison prairie. Here he grew to manhood, attending the common schools of his neighborhood, and laboring at home on the farm. At the age of twenty-one his father gave him forty acres of land, and he engaged in farming for himself. A few years later he moved to Lawrenceville, and embarked in the milling business, with which he soon became dissat- isfied and returned to farm life. In 1843, he began the study of law under the directions of J. G. Bowman, being admitted to practice in 1846. It was now, for the first time, that he had an opportunity of displaying his powerful intellect. His knowledge was acquired almost entirely by self-culture, and had he devoted his entire attention to law, he would doubtless have shed lustre on the bar of southern Illinois. He is a man possessed of extraordinary judgment, a good speaker and a sound, careful lawyer. In 1869 he was elected to the office of county judge, but resigned his position in 1872, when his fellow-citizens chose him to represent them in the State Senate, where he served with distinction for two years. The Judge is still living, on his farm, near where his father settled on coming to the county.


T. B. HUFFMAN, a native of Indiana, received his rudimentary education in the common schools of his native State, completing his literary education at the Vincennes University, aud at Lincoln University at Lincoln, Illinois. Commenced the reading of law in the office of Judge Willliam B. Jones, of Lincoln, and was admitted to the bar in the spring of 1869. In May of the same year he located in Lawrenceville, where he has since continued to practice his profession. In 1873, was appointed by the governor to the office of county judge, to fill the vacancy occasioned by the resignation of William J. Crews. About the close of the term of county judge, Harry Briscoe, the prosecuting attorney, died, and Mr. Huffman was chosen to fill the vacancy, and in 1875 was elected to the same for the term of four years. In 1869, he formed a partnership with




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