Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers, Part 47

Author: McDonough, J.L., & Co., Philadelphia
Publication date: 1883
Publisher: Philadelphia : J.L. McDonough & Co
Number of Pages: 578


USA > Illinois > Perry County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 47
USA > Illinois > Randolph County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 47
USA > Illinois > Monroe County > Combined history of Randolph, Monroe and Perry counties, Illinois . With illustrations descriptive of their scenery and biographical sketches of some of their prominent men and pioneers > Part 47


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Judge Scates was appointed to the Supreme Bench i


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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


1840, and served with distinction in that body until 1857, when he resigned. IIe was well read in the law and had been prior to his election State's Attorney of the Third Judi- cial District.


JUDGE SEMPLE held but one term of court in Perry county. . He was succeeded by James Shields, who presided in this eireuit until the April term, 1845.


JUDGE JAMES SHIELDS was of Irish birth. He read law in the office of Elias Kent Kane at Kaskaskia. Upon the reorganization of the Supreme Court of the State, he was appointed one of the justices of the Supreme Court. Further mention is made of Judge Shields in the article on Bench and Bar of Randolph county.


At the April term, 1845, HON. GUSTAVU'S KOERNER, of Belleville, St. Clair county, came to the bench and presided over the courts of Perry county until the April term, 1849, when he was succeeded by Hon. William H. Underwood. Judge Koerner is a native of Germany, and was educated at University of Munich, and completed his studies at Heidle- berg, receiving the degree of LL.D. In the Republican uprising of 1832, he took an active part which rendered him obnoxious to the reigning powers. In consequence thereof, he, after much tribulation and several arrests, escaped to this county. He took up his residence in Belleville, Illinois, and commenced the study of American law. He attended the law school at Lexington, Kentucky, and in 1835 was admitted to the bar. In 1845 he was appointed by the Governor of the State to a position on the Supreme bench, and in the following year was elected to the same position. In 1852 he was elected Lieutenant Governor of Illinois, being the first German nominated and elected to that position. During the late war he was appointed by President Lincoln colonel of Volunteers, and assigned to a position on the staff of General Fremont. In 1862 he represented this country at the Court of Madrid as Minister, and had much to do in maintaining the strict neutrality of that foreign power dur- ing the progress of the civil war. As a judge upon the bench he had the reputation of being a clear logical reasoner, and his decisions were marked by great clearness and research.


HON. WILLIAM H. UNDERWOOD presided in this circuit until the October term 1855. Judge Underwood was born in Schoharie county, New York, February 1818. Hle re- ceived his education in the Academy of his native county, and Hudson River Seminary. In June 1840 he came to Belleville, Illinois, and commenced the practice. He was elected a member of the State Senate in 1856. In 1869 he was chosen a member of the Constitutional convention that framed the present constitution of the state. Ile was an able lawyer, not only in one but in all branches of the profession.


At the October term of the circuit court, 1855, held in the county of Perry, SIDNEY BREESE presided and con- tinued until the April term 1857 when he was appointed to the supreme bench to fill the vacancy occasioned by the resignation of Hon. Walter B. Scates.


JUDGE BREESE's history is so well known to the people of Illinois that it is unnecessary to speak of him at length. He was born in Oneida county, New York, in 1800. He graduated at Union College which was presided over by the celebrated Dr. Nott, in 1818. He came west to Kaskaskia


the same year and read law at the office of Elias Kent Kane. In 1822 he was appointed by Gov. Bond circuit attorney and reappointed by Edwin Coles In 1827 he was appointed by President Madison attorney for the state of Illinois. In 1831 he compiled and reported the decisions of the supreme court. The result was "Breese's Reports " published at Kaskaskia in 1831 and the first book printed in Illinois, In 1835, on the establishment of circuit courts, he was elected Judge of the second judical circuit, then comprising the counties of Madison, St. Clair, Monroe, Randolph, Washing- ton, Clinton, Bond, Fayette, Montgomery and Shelby. In 1838 there came before his court the celebrated and at that time exciting question of the power of the governor to re- move the incumbent of the office of sceretary of state, and to appoint another. The question assumed a personal and a partisan, as well as a legal aspect, though Judge Brecse treated it, in one of the most elaborate judicial opinions ever delivered in this state, purely as a legal matter. He decided that the power existed but the supreme court reversed the judgment. Judge Breese remained on the bench until in December 1842 when he was elected United States Senator. In the fall of 1850 he was elected without opposition to the Legislature and upon the organization of that body was elected Speaker. In 1857 when Judge Walter B. Scates re- signed he was elected to fill the vacancy and again elected in June 1861, re-elected and held a position on the supreme bench until his death, which occurred June 27th, 1878. It may be said of Judge Breese that he united the scholar with the statesman, the polished gentleman, warm-hearted, cordial companion with the gravity and profundity of an able and experienced jurist. One of the most significant tributes to his character is that though exposed for sixty years with public service of the state as circuit and state attorney, judge upon the circuit, senator, legislator, lawyer and judge upon the supreme beneb, in both judicial and political life a conspicuous mark for personal and political hatred, yet slander and calmuny have failed to leave a single blemish upon his great name and reputation.


"A combination and form in deed Where every god did seem to set his seal To give the world assurance of a man."


Judge Breese was succeeded by WM. K. PARRISH, who was commissioned January 4th, 1854, but held no term in Perry county until April 1857. HIe resigned June 15th, 1859, and died April 22nd, 1861. He was a resident of Franklin county, Ilinois, removed to Du Quoin after his election and re-ided there until his death. He was a man of signal ability a very clear-headed lawyer and presided with great dignity.


He was succeeded by ALEXANDER M. JENKINS who first presided at the September term 1859. He was elected to fill the vacancy occasioned by the resignation of Judge l'ar- rish, and re elected and commissioned July 1st, 1861, and presided until his death, which occurred Feb. 13th, 1864. He was a resident of Murpheyboro, Jackson county, and was closely connected with the Logan family, of which Gen. John A. is a distinguished member. He was well advanced in years when he came to the beneh. He gave good satis- faction as a Judge and was regarded as a good lawyer.


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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


He was succeeded by Hon. John K. Mulkey of Cairo. He came on the bench at the April term 1864, and presided until the April term 1866, when he resigned and was suc- creded by Wm. H. Green, who was commissioned December 28th, 1865, and held until the April term 1867.


Hon. John H. Mulkey, after his retirement practiced law in the third judicial circuit and attained eminence in his profession. In 1879 he was elected to the Supreme bench of the state.


Hon. William H. Green was and is yet a resident of Cairo, Illinois, and is a prominent lawyer.


Hon. Monroe C. Crawford was elected judge of the third judicial circuit, and commissioned June 27th, 1867, and held this po ition until the new apportionment, when he was changed to the first circuit, and was re-elected for a full term of six years. His time expired at the May term 1873. He is a native of Franklin county, Illinois. He received his primary education in the common schools, and his literary education at McKendree College. He read law in the office of Hon. William K Parrish at Benton, and was admitted to the bar in 1856. He served two terms as states' attorney. He is a resident of Jonesboro, Illinois county, and still engaged in practice.


In June 16th, 1873, Hon. Amos Watts, of Nashville, was elected judge and presided until 1877, when the circuits were consolidated and it was made the third circuit, and is at present presided over by Judges Amos Watts, William H. Snyder and George W. Wall.


Hon. Amos Watts is a native of Illinois, and was reared in Nashville, Washington county. He read law with Hon. P. H. Hosmer, and, soon after his admission, was elected states' attorney. He h's been upon the circuit bench since 1873. Ile is a pains taking, able ard careful judge.


Hon. George W. Wall is a native of this, but a resident of Perry, county since 1840. He was ducated at Mckendree College, Lebanon, Illinois, and graduated from the literary department of the University of Michigan at Ann Arbor in 1858, and from the Cincinnati Law School in 1859. He read law in the office of Cyrus G. Simons of Cairo, Illinois, and was admitted to the bar at the June term of the Su- preme Court, held at Mt. Vernon, in 1859. He commenced the practice in Perry county. Iu 1864 he was elected states' attorney for the judicial district. When the districts were consolidated he was elected one of the judges of this judicial district. In 1879 he was appointed by the Supreme Court one of the judges of the Appellate Court of the Fourth Dis- trict of Illinois, and is now serving in that capacity. He was a member of the Constitutional Convention of 1862 and 1870-71. Judge Wall possesses a bright legal mind. Few judges upon the bench have superior perceptive powers. His statement of a legal proposition is clear, logical and con- vincing. He gets at the heart and real merits of the point in question in the shortest and most direct manner, stripping it of all verbiage and sophisms until it stands out clear and perceptible to all concerned. His power of concentration and presenting the real point or pith of a case is good.


Hon. William H. Snyder, of Belleville, Illinois, the third judge in this circuit, was born in Prairie du Point, St. Clair


county, Ills. His father, Adam W. Snyder, was in his day one of the leading lawyers of Southern Illinois. William HI. Snyder completed his education at Mckendree College, in his native county. He prepared himself for the legal profession in the office of Hon. Gustavus Koerner of Belle- ville. He served his country in the Mexican war, and was adjutant of the Fifth Illinois regiment. He was twice elected to represent his district in the legislature, and in 1855 was appointed states' attorney by Governor Mattison. He was elected judge of the circuit court in 1857, and was on the bench until 1862. In 1870-71 he was a member of the Constitutional Convention that framed the present Con- stitution of the State. He was elected Judge of the Circuit Court in 1873 and reelected in 1879, and alternates with Judges Watts and Wall in holding the courts of Perry county. He is a gentleman of genial manners and warm, generous impulses, of great literary attainments, and a thorough jurist. He has made an efficient and popular judge.


Non-resident Lawyers .- The early sessions of the Perry county courts were usually attended by the lawyers compris- ing the bar of Kaskaskia, Chester, Cairo, Belleville, Ed- wardsville, Nashville and Shawneetown Among the ear- liest lawyers to practice at this bar, and who were present at the opening of the first court, was Daniel J. Baker. The records show that he was appointed States' Attorney pro tem. at the first court. He was a native of New York and a resident of Kaskaskia. In 1829, Henry Eddy, of Shawnee- town, commenced attendance upon the circuit courts of the county ; also, Richard J. Hamilton. The next year came Sidney Breese, Alexander F. Grant, Walter B. Scates, John Dougherty of Johnsboro. William H. Ramsey was States' Attorney. The next year came Martin Doriyes, A. P. Field, who was an eminent lawyer from Kaskaskia, after- wards removed to Vandalia ; Adam W. Snyder of St. Clair county, who was the Democratic candidate for Governor of the State in 1842, and died during the campaign ; Stephen R. Rowen, James Shields (afterwards judge), and United States Senator John Reynolds (the " Ranger " Governor), John A. McClernand, then of Gallatin county, now of Spring- field, Illinois. In 1834 came Samuel S. Marshall, from Mc- Leansboro, a fine lawyer, and subsequently elected judge of the Circuit Court, and also represented his district in Con- gress several terms. Jepthah Hardin and Lyman Trumbull commenced the practice in the courts of Perry in 1838, and J. L D. Morrison in the same year. Stephen G. Hicke, M. C. Kinney, W. H. Stickney, Willes Allen, L. B. Clement, John Whitehead, William H. Underwood, Richard Nelson, Joseph Gillespie, George Trumbull, Philip B. Fouke, I. C. Holbrook, P. E. Hosmer, Richard S. Bond, of Carlyle ; W. J. Galewood, of Shawneetown ; John A. Logan, Judge Duff, Samuel Casey, Benj. Boud, W. A. J. Sparks, Joshua Allen, F. Albright, I. N. Haynie, subsequently Adjutant General of the State; A. P.Corder, W. K. Parrish, William Hacker, John Michen, R. S. Nelson, Nathan S. Weeks, Samuel Eaton and Geo. Abbotts were among the prominent lawyers who practiced in the courts of Perry county. Last but not least was William H. Bissell. We subjoin a brief sketch


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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


of him: He was born in New York in 1811, where he studied for the medical profession, and removed to Monroe county Illinois. He abandoned medicine soon after, and took up the profession of law, in which he became eminent. In 1840 he was elected a member of the legislature, and served with distinguished honor in that body and was reeog- nized as one of the ablest debaters and speakers on the floor of the House. At the breaking out of the Mexican war he was commissioned colonel of the Second Illinois regiment, and won the plaudits of the whole evuntry for his gallant actions on the field of Buena Vista. He was elected to Congress, and, in 1856, became Governor of Illinois, and died near the close of his gubernatorial term. He was a fine lawyer, but specially excelled as an advocate. Hle was irresistible before a jury, and none excelled him in the use of language and power to stir the deeper feelings of his hearers.


FORMER AND PRESENT RESIDENT LAWYERS.


Among the first resident attorneys was Humphrey B. Jones, who deserves more than a passing notice. He was a native of Christian county, Kentucky. He there studied medicine, and in 1821 came to Illinois, and settled in Brownsville, in Jackson county, and practiced his profession. In April, 1827, he came to Perry county, which had by an act of the Legislature of 1826-7 been organized as a county. He entered the land on which the town of Pinckneyville now stands. When the courts were organized he was appointed clerk, and held that position for fourteen years, He in faet held all the county offices for a number of years. and was also the only physician and postmaster of the town. During his term as county officer he acquired considerable knowledge of the law, and was frequently called upon for advice as to the proper method of bringing suits ; in short, was the oracle who was consulted in all kinds of business. He commenced the practice in the courts regularly, and was soon employed on one side or the other of every case that was tried in the courts of Perry county. His prae- tiee was large, but not so lucrative as it would be at the present day. Then a ten dollar fee covered a large amount of work, both in the preparation of the case and its progress through the courts. lle was regarded as an able lawyer, and perhaps had no superior in southern Ilinois as a chaneery and real estate lawyer. His large practice con- tinned until his death, which occurred November 18th, 1855. He was the judge of the probate court for many years.


C. L. STARBUCK, a resident attorney of Perry county, was a native of New York, and came to the county about 1841, and commenced practice Ile was a good lawyer. He removed to the northern part of the State, and there died about 1856.


WILLIAM EDWARDS came to Pinckneyville in 1830. He was born in Athens, Vermont, February 14th, 1805. The family moved to Ohio in an early day, a.d from there to Shawneetown, and Mr Edwards came to this county on the date above mentioned. He followed the mercantile business here until 1843, when he commenced the practice of law, which he continued until his death, April 10th, 1854,


The court records disclose the fact that he, too, had a large practice, and is remembered as a sound, thorough lawyer.


PRESLEY P. HAMILTON was a brilliant young lawyer. lle was born in White county, Illinois, March 25th, 1824. He read law in the office of Hon. S. S. Marshall, of McLeausboro, Illinois. Before he finished his studies he removed to Pinckneyville, and continued his studies under William Edwards. He was admitted to the bar in 1846. He practiced in the surrounding courts. . In 1858 he entered the Law School at Louisville, and graduated from that institution in February, 1859 He succeeded to a fine lucrative practice and continued therein until 1863, when he abandoned the law and entered the ministry of the M. E. church, and died in the ministry October 22d, 1869.


LEWIS HAMMACK, attorney at law, has now the honor of being the " oldest man on the job." He was born in War- ren county, Pa , June 25th, 1825, and was but two years of age when the family came to Illinois. He was educated in the subscription schools of Perry county. During the Mexican War he was a member of Company K, of the Second Regiment, Illinois Volunteers, commanded by Colonel Bissell. After the war he returned and taught school several terms. During that time he obtained a copy of "Chitty on Contracts," which awakened in him a desire to study for the profession. In the meantime he was elected circuit clerk, and served until 1852, then the year following obtained his license and commeneed practice. His position of eircuit elerk gave him a knowledge of forms which was a great help to him, and he soon had a large practice, partic- ularly on the chaneery side, and in real estate litigation. Like many of the old lawyers, while he had a large practice, yet in consequence of the fees being small he failed to reap the just rewards that should always attend industry and ability. Hle was master in chancery two terms, and was a candidate for judge of the circuit in 1861, and again in 1864, but each time was defeated by a small majority.


WILLIAM McEWING, an attorney of Waterloo, Monroe county, came to Pinckneyville in 1855, and continued here three years, then removed to St. Louis, and is, now prac- ticing in Missouri. He is more particularly remembered in connection with the journalism of the county, and is credited with being the first editor and publisher of a newspaper in Pinckneyville.


WILLIAM H. MCKEE was from the east. He came to Pinckneyville in 1856. He was a graduate of the Law School at Louisville, Kentucky. He removed to Belleville in 1861 and died the year following. Ile was a bright, talented lawyer, and gave evidence of a brilliant career, but the dread disease, consumption, carried him off before he had reached the zenith of his professional career.


JUDGE GEORGE W. WALL, of Du Quoin, is mentioned in the bench of the county.


HON. WILLIAM K. MURPHEY is to the "manor born." He is a native of Perry county. He received his education in the common schools, and private instruction under the tuition of B. G. Roots, a veteran educator of Perry county. In 1859 he entered the law office of William H. McKee, of Pinckneyville, and commenced the study of law. Hle


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HISTORY OF RANDOLPH, MONROE AND PERRY COUNTIES, ILLINOIS.


pursued his studies diligently, and in the spring of 1860 was admitted to the bar. In 1861 he was appointed master in chancery, in which positiou he continued until 1865, after which he confined himself closely to the practice. A- a trial lawyer he has no superior in the county, is well read in the law, and is an advocate of more than ordinary force. He represented his district in the Twenty-fourth, Twenty- fifth and Thirty-first General Assemblies of the State. In 1872 he was elected a member of the State Senate, and served in that body for four years. He was also a candidate for Congress in the Twentieth Congressional District in 1882.


JUDGE WILLIAM ELSTUN, who until recently was a resi- deut lawyer of Perry county, is a native of Franklin county, Illinois. He came to Du Quoin a short time before the late war. He was regarded as a good lawyer, particu- larly in probate law. Hle was county judge for twelve years. He is now a resident of Emporia, Kansas.


MORTIMER C. EDWARDS is the son of William Edwards, who was one of the early resident lawyers of Perry county. He was born in Pinckneyville and received his early educa- tion in the public schools, and in the Masonic College at Lexington, Missouri. He read law in the office of Lewis Hammack, and was admitted to the bar in 1860. During the war he enlisted for three years, and was captain of Company C., of the Eighty-first Regiment, Illinois Volun- teer Infantry. In 1880 he was clected States Attorney, and at present he is prosecuting attorney. He is a good lawyer and able prosecutor.


HON. JOHN BOYD is a native of Randolph county, Illi- nois. He received his education in the common schools, and subsequently followed the profession of teaching. He read law with Lewis Hammack, and was admitted to the bar in 1862. He formed a partnership with his preceptor, which continued one year From 1866 to 1882 he was associated in the practice with William K. Murphey. Mr. Boyd possesses a fine legal mind of a logical and analytical order, and excels as a pleader. He represented his district in the Legislature in the session of 1876-77.


RICHARD M. DAVIS is a native of Jackson county, Ill. ; he was educated in the common schools, and read law in the office of Louis Hammack, and was admitted to the bar in May, 1864. During the late rebellion he was lieutenant in Co. I of the 80th Reg't Ill Vols. He served one term as superintendent of schools of Perry county. In 1876 he was elected State's attorney, and served one term. He was a vigilant prosecutor, and earned the commendation of the good citizens of Perry county.


ROBERT R. TOWNES, a resident lawyer of Du Quoin, was a native of Franklin county, Ill., and came to Perry county in 1865, and was State's attorney for the judicial cir- cuit from 1868 to 1872. He removed to Jonesboro', in Union county, and subsequently to Athens, Alabama, where he at present resides.


EDWARD V. PIERCE is a native of Liverpool, England, and emigrated to America in 1848. He learned the printer's trade, and for some time edited and published a newspaper in Franklin county. He read law in the office of Judge


William A. Denning, of Benton, Franklin county, and was admitted to the bar in 1851. He was State's attorney of the 26th judicial circuit from 1858 to 1860, and master in chancery for a number of years. He came to Du Quoin in 1864, and in 1874 removed to St. Louis and practised there. He returned to Perry county in 1882, and has continued the practice here to the present. Mr. Pierce is a good lawyer, well posted in the elementary principles of the law, and has been a successful practitioner.


G PARKS, a resident attorney of Du Quoin, is a native of Indiana. He commenced the study of law with Cyrus G Simons, of Jonesboro', Ill., and was admitted to the bar in 1856; commenced the practice in Johnson county. In 1862 he went into the service, and was mustercd out as captain at the close of the war. After the war he came to Du Quoin, and continued the practice. In 1881 he was appointed county judge by the county commissioners, and in 1882 was elected to the same position.


HON. T. T. FOUNTAIN is a native of Washington county, Ill. He received his primary education in the common schools and his literary training at McKendree College, Lebanon, Illinois, and subsequently graduated from the law department of the University of Michigan, at Ann Arbor, in the class of 1868. He commenced the practice at Du Quoin, iu connection with Judge Munroe C. Crawford. During the late war he enlisted for three years in Co. K of the 13th Ill. cavalry, and passed through the grades to the second lieu- tenancy. He resigned in 1864. He was master in chancery from 1873 to 1875. He represented his district in the 38th General Assembly. Mr. Fountain has a good practice and possesses an excellent knowledge of his profession.


DEMPSEY FOUNTAIN, who was until recently a resident attorney of Perry county, is a native of Williamson county, III. IIe received his legal education at the University of Michigan, and was admitted to the bar in 1869. He was State's attorney from 1872 to 1876. He is now a resident of Big Stone City, Dacotah Territory.


R. W. S. WHEATLEY was born in St. Clair county in 1850. He received a fair English education in the schools of Perry county. Ile read law in the office of Colonel R. R. Townes, of Du Quoin, and was admitted to the bar in 1871. Commenced the practice in Du Quoin. He is a man of talent and energy, and bids fair to attain eminence in his profession.




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