USA > Illinois > Shelby County > Historic sketch and biographical album of Shelby County, Illinois > Part 15
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in the name of Mr. Moulton. His services in its establishment were valuable, and were fitly recognized when the institution was inaugurated. He presided on that occasion. Our system now is complete. No son or daughter of our state need to travel beyond its borders to get an edu- cation. Martin Luther set down three rules for the public speaker: ist. Open your mouth widely. 2nd. Shout out strongly. 3d. Shut it quickly. Unless 1 make an end I shall violate the last and most important of the three. And vet I may not close without a word more. As the years pass and the way of life of this noble friend of education shall fall into the sear and yellow leaf, let him be cheered by the reflection that he has that which Macbeth could not look to have, and which should accompany old age. as honor, love, obedience, and troops of friends. And among those who love and revere him are the 25000 teachers of Illinois. Say what you will this day, gentlemen, of his career as a law- ver and jurist. We concede it all, but we beg you not to forget to put down also that Samuel W. Moulton is that friend of education, who in the establishment of our system of free public schools, was permitted under the providence of God to render to the state of his adoption the greatest service which is in the power of a citi- zen to bestow.
In closing, let me say that men never grow old while the heart stays young. The fame of these lawyers, jurists, and statesmen, whom we honor today has gone far beyond the wide bound- aries of their state ; and yet while they are not old. I may address them in the language of the immortal Falstaff to the Chief Justice of Eng- land and say admonishingly :
"Your honors though not clean past your youth, have yet some smack of age in you, some
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relish of the saltness of time : 1 humbly beseech your Honors, to have a reverend care of your health."
Mr. Moulton was a Buchanan elector in 1856; was a Democrat up to the time of the war, and followed Douglas' lead in 1861. He supported Douglas in 1860. Espousing the cause of the Union against secession, he was elected to Congress in 1864 as a war Democrat. receiving the votes of the entire Republican party. When Andrew Johnson was president Mr. Moulton took prominent part in the famous trial, and was associated in that work with Thad- deus Stevens, Benjamin Butler, John A. Bing- ham and other famous men. In 1872 he fol- lowed N. F. Banks, Carl Shurz, and Chas. Sum- ner in supporting Horace Greeley for president. against Grant.
He was afterwards elected to Congress by Democrats in 1880, and again in 1882, and Speaker John G. Carlisle appointed him on the Judiciary committee. In 1896 the apostasy of the old Democratic party from its life-long doctrines on the money question, and following Bryan into the labyrinths of Free Silver and various other wild vagaries, appeared too much for Mr. Moulton, and he supported the MeKinley ticket. following the advice of Gen. John M. Palmer. in not wasting his vote. He is at the present time supporting the Republican party in nearly all of the questions now before the public.
In 1898 1 conceived the idea of having the life-sized portraits of these veteran lawyers. Thornton and Moulton, painted and hung in the court house in the county where they had for fifty years fought the battles of giants, and by the assistance of the Bar and the Board of Supervisors, and the concurrent act of the Central Committees of both political parties, the
matter was made a great success and the pic- tures of these two men now adorn the walls of our beautiful court house, and, under an order of the court made at that time. they are to re- main as "enduring monuments of greatness and grandeur, and as an inspiration to those now liv- ing and to the generations yet unborn." On that occasion Shelby County entertained a host of the brightest men in the state. among whom were Chief Justice Phillips, Judge Creighton. Judge Gross from Springfield. Gen. John C. Black. Judge Bradwell and others from Chicago Judge Eden from Sullivan. Judge Farmer from Vandalia. Judge Dwight from Centralia. Judge Wood from Effingham. Judges Clark. Hughes and Craig, and others from Mattoon, and numer- ous others. Letters of regret were sent by United States Chief Justice Melville W. Fuller. the Hon. Adlai E. Stephenson. Prof. John W. Cook. Ex .- Gov. R. J. Oglesby. Ex .- Gov. John P. Atgeld. Ex .- Gov. John M. Palmer, and numerous others. In fact that was a Red-Letter day for Shelbyville, and if space were permitted I know of nothing in the history of the county more unique. interesting and instructive than a copy of those proceedings as preserved in the Shelby County Leader of the week following the banquet. June. 1898.
Mr. Moulton never was blessed with child- ren of his own, but he has educated a number of boys and girls. He lives in a beautiful home at the south end of Broadway, in comfort and elegance, having a large library with which he can indulge his excellent literary taste, and spend the larger part of his time. He was always a great student. and took more pleasure in un- raveling a knotty question of law than most people do in reading the most exciting romances or biography.
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HON. ANTHONY THORNTON.
In preparing the biography of Mr. Thorn- ton, as a member of the Shelby County Bar. for a book like the one now offered to the public. the space being limited, it becomes a difficult problem to decide what to omit.
His career covers nearly the entire history of the county, and no important event has ever occurred here in which he did not take a part, and every old citizen knows him well, most of the younger men have seen him all their lives. His life embraces the period of all the other members of the Bar, and is interwoven with all their acts, and in many ways is closely connected with every family.
1 shall use much that I had occasion to pre- pare for another purpose, knowing that the mass of readers of this book may have no opportunity of ever seeing the other.
Respect for age and merit is one of the les- sons taught more in the past, than in the busy present.
In summarizing the life of Judge Thornton. I have gathered most of the matter from the supreme court reports.
Anthony Thornton in many ways is a very remarkable man.
Ile is a familiar figure to us all. He has walked these streets for over 65 years.
His voice was heard in our old court honse when many who are now old men were "mewl- ing and puking in the nurse's arms."
When our present court house was dedi- cated he said, "1 am with the present, but of the past."
After much persuasion 1 succeeded in get- ting the Judge to give me a memorandum of
his life, which I felt his many old friends would like to read, and therefore have made it part of this sketch.
I have prefaced it by a brief analysis of some of his work prepared in connection with the courts
Of course this is fragmentary and in no way exhaustive and is only intended to keep in memory for his many friends, some of the legal experiences of a long and honorable life, spent in attending to the affairs of his clients in a country town.
The Judge's career in Shelby County be- gan when the state was unsettled.
To glance forward for another 85 years and contemplate as great changes as he has seen, benumbs the senses and paralyzes the imagina- tion.
When and where will science and art. me- chanics and discovery cease their onward march ?
The history of a lawyer's life as a lawyer can never be made complete. The labor re- quired in preparing cases for court. the skill used in preparing papers, the knowledge and judg- ment exercised in examining witnesses, the long preliminary labor of acquiring a thorough knowledge of the laws of the country, the con- tinual training of the mind to understand the ten thousand fine points which arise in an ordi- nary practice can never be explained or written so that an ordinary man. not experienced in the same line of business, can comprehend even to a small degree the amount of labor and learning which is brought into use upon even trivial cases.
Judge Thornton had the advantage in his early life of having a thorough collegiate edu- cation, which made him master of the learning of the day. He was a fine linguist, reading Latin and Greek with ease and a great reader of all the literature of his time. He took unbounded
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HISTORIC SKETCH. -
delight in reading romance and has in his library all of the writings of all of the best writers pre- ceding or contemporary with him : added to this he was a close student of the law. He has a complete knowledge of the constitution and all of the statutes of the state.
Considering that he lived in a small town and in the agricultural heart of the state, he had as wide experience as ordinarily falls to the lot of a practitioner.
The Judge was an active friend of education and contributed liberally in organizing and promoting the Shelbyville Seminary, at which most of our people obtained a good education prior to the adoption of the common school sys- tem.
The Seminary building still stands on Broadway and was used up to a short time ago. as a public school, with very little change from its first construction.
He always had the confidence of the people and in 1863 the county made him its agent to sell bonds to pay bounties to drafted men to fill Shelby County's quota for the war. He handled over $100.000, without being called upon to give any security whatever.
For his entire service and expense in this matter, covering many months' time, travel to Springfield and elsewhere and the risk of loss and robbery, he charged and was paid the mu- nificent sum of $307.
By election, in 1870, Judge Thornton be- came a member of the Supreme court, and the new court then became composed of Charles B. Lawrence, Pinkney 11. Walker, John M. Scott. Sindey Breese. William K. Mailister and Benja- min R. Sheldon, all of whom are now dead ex- cept Judge Thornton. The bench thus com- posed was perhaps the strongest that Illinois ever had. The court soon became famous. Judge
Breese, taking into consideration the length of time he served on the beach and the great legal ability shown in his decisions, never had a super- ior in this state.
The bar of the State as a rule credited Judge Thornton with being the peer of Judge Breese. He occupied the bench for about four years, and except for resigning from it volum- tarily, would have doubtless been retained in that position until the present time.
Judge Thornton gave as a reason for his retiring from this position, that his wife's health was not good and that it was necessary for him to be at home.
Other reasons have been surmised among which was the fact of a newspaper criticism upon the court, for its action in fining the editor of the Chicago Journal several hundred dollars for contempt of court, because the editor had com- irented severely upon one of the court's decis- ions relating to a criminal case arising in Cook county.
The paper was published in Chicago and the editor lived there. The decision was made at Ottawa. The comments of the editor were held to be constructive contempt.
The next legislature passed an act which deprived the court of exercising such long-arm powers relating to such matters.
Another reason that has been given for the Indge's retiring from the bench was, that he and Judge Breese were too much alike and could not agree, and both of them were irascible and used very strong language toward each other.
Another reason surmised was that his for- mer partners here at home. under the law that had recently been enacted by which attorneys fees were allowed by the court in partition cases, had great success in getting such cases, and made a great deal more money than the Judge
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was making, without taking very much of their time, such cases not requiring very much legal ability, and the Judge thought that if he was at home his old clients would return to him, and with his added experience as Judge he could do much better with less labor.
Another reason was that the supreme court was badly overworked at that time, as we then had no Appellate court and the Judge was com- pelled to work night and day to get rid of his share of the cases. The last was doubtless the most weighty of all the impelling causes.
Whatever the reason may have been, it w.is undoubtedly a great mistake and a great injury to the profession and to the bench to have a man so well qualified as he. retire from its ser- vice.
If he had retained his position, the Appel- late court afterwards taking off a large share of the labor, there is no telling how great a Judge he might have become.
While upon the bench he wrote one hundred and eighty-two decisions, reversed one hundred of these cases, and affirmed eighty-two. In ad- dition to this he had to hear and join in con- sidering an equal number of cases that each of the other judges wrote opinions upon.
When we remember all this work was done by himself, without the aid of a stenographer or typewriter, and that in preparing to write a (lecision he had to read briefs and abstracts fre- quently covering thousands of pages in each case and examine the authorities cited and write out the opinion, lawyers only can appreciate the vastness of his labors.
We who have examined our own briefs and abstracts and know how much labor it takes to prepare one properly, can give some little esti- mate of what an immense amount of work he must have performed.
In reading over the cases that he took to the supreme court and in looking over those which he decided as judge, it would seem that it is about an even chance, in taking a case up that you will win. I have examined eighteen cases which he took to the supreme court. He won ten and lost eight, and as before remarked he re- versed one hundred and affirmed eighty-two. while on the supreme bench.
The dead and almost forgotten institution of slavery affords an instance of affection for the slave in the Judge's life not infrequent with slave owners, but the instance is known only to a few persons. Several years ago a white haired negro was seen walking around with the Judge. The Judge treated him with the utmost kindness. Those who met him knew him as Uncle Charles. lle had been an okl house servant at the old home when the Judge was a boy and a strong at- tachment grew up between them.
The emancipation proclamation and free- dom meant nothing to him and he stayed where he had spent a happy life. When too old to work any more the Judge sent him money to pay his way for a visit to Illinois, and while here the higher laws of friendship overcame the prejudice of cast and color, and Uncle Charles was treated as one gentleman treats another.
The visit over, he returned to his home and as long as he lived he was cared for at the Judge's expense, and after death was given a christian burial.
Like most slaves he imitated the character and habits of his masters, and Uncle Charles was always a kind, courteous gentleman.
I have heard it said that when the Judge went to the bench and commenced to write his decisions that he struck a high note in legal learning, and thus by the law of emulation caused the other judges on the bench more carefully to
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prepare their opinions, and by that means ele- vated the tone and standing of the entire bench. This was easy to Judge Thornton.
Ilis command of language was great, his diction was easy, and he has told me that he rarely re-wrote his sentences in any of his de- cisions. llis statement of a case was always clear. the point involved readily ascertained. His ability to rightly understand any authority cited and apply principles decided to the question be- fore him, made his work a matter of comparative ease. Having fully mastered the briefs and ab- stracts he could write a decision with much less labor than a man of less learning, experience and ability.
As a practitioner he excelled in defending parties charged with crime and in cases demand- ing damages.
He was a large man. over six feet high. Had a strong sonorous voice and when fully roused had few equals and no superiors in the state, as an advocate before the jury or a lawyer present- ing a case to a court.
He had great skill in examining witnesses. especially a witness who was trying to lie or in- tending to deceive or who did not want to tell the facts in the case.
For a great many years in his practice in Shelbyville and in the adjoining counties he had great influence with juries. He was in politics a democrat and the counties in which he had most practice were largely democratic, and this may have aided to some extent in obtaining ver- dicts, as men are more easily influenced by their political faith, than by their religion or other affiliations, but outside of these extrinsic circun- stances and even against prejudices when the Judge was at his best. he made such a fight for his clients that he often won the decision against all opposition.
As a specimen of the Judge's perspicuity in stating a proposition. I want to qnote one sen- tence in a case decided when he first went onto the bench, found in 54 111.
"When life and liberty are at stake, every circumstance connected with the alleged crime. and which may tend to excuse or palliate the conduct, of the party charged. or explain the motive, should be submitted to the jury."
In a case of the People against George E. Ford decided in 54 111 .. Ford being a lawyer at the time who had swindled a client, in a proceed- ing to disbar hint. Judge Thornton shows his high appreciation of the character which a law- yer ought to have and struck Ford's name from the roll of attorneys from the state of Illionis.
Many of the younger members of the pro- fession and often some of the old ones might read this decision with profit and take the lesson to themselves for the benefit of their clients. The Judge says : "The facts in this case develop a delinquency abhorrent to every honest man, they reveal his wicked intent and disclose the use of a falsehood for the base love of gain. A lawyer assumes high duties and has imposed upon him grave responsibilities. He may be the means of mich good or much mischief. Interests of vast magnitude are intrusted to him. Confidence is reposed in him. Life and liberty, character and property should be protected by him. He should guard with careful watchfulness his own reputation as well as that of his profession. The defendant has neglected his duties, betrayed con- fidence, practiced deceit and turned recreant to virtue.
"He has not alone disgraced himself. He has tarnished the fair fame of a profession always esteenied honorable. He should no more be per- mitted to minister in the temple of justice. His name should no longer be enrolled on the list
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of those who scorn meanness and abhor false- hood. lle who has not an instinctive and un- swerving love for truth and honor is not a faith- ful lawyer."
Since I have known him from 1861 down to the present time, he has rarely attended church anywhere, but in ne rly all of his public ad- dresses, and frequently in talking to juries, he speaks in commendatory terms of christianity and in the most vigorous condenmation of hypoc- risv.
His habits in life were always extremely temperate. He smokes, but not to excess, and occasionally used the chief product of Kentucky. manufactured into a toddy, with a little mint in it, but never to excess. I never knew or heard of him being intoxicated, and he frequently ex- pressed a hearty contempt for people who make a living by selling adulterated liquors over saloon counters, and against those who license the traffic.
While he is a man of austere appear- ance, cold and repellant to persons whom he dis- likes, or even to strangers, yet, when the crust is broken and one becomes intimate with him, he is exceedingly charming, interesting and soci- able, and enjoys life to the highest degree.
He is exceedingly boyish in his tastes, and notwithstanding age, would often go hunting and fishing, and around the campfire in the woods, he was past master of the frying pan. and expert with rifle and shot gun. He was an expert and an ardent disciple of Isaac Walton. At night, after the fishing and hunting were over. he was the life of the occasion around the camp- fire: would organize a mock court, indicting some of his fellow-hunters for some alleged misde- meanor, appoint some one prosecuting attorney. impanel a jury, and trying the culprit with the forms and ceremonies of court turned into the
most ridiculous shape and circumstances, with some smart fellow for witness, after elo- quent speeches for prosecution and defense. the Judge always presiding, would deliver a sen- tence that would be the talk among the campers for months afterwards, and remembered long by those engaged in it for its genuine mirth and ri- iculous solemnity.
The Judge, like most lawyers who were born and raised on a farm, always had an idea that he was a fine farmer, and spent much of the money he made in huis practice, in experimenting upon the uncertain results of getting grain out of the soil, or profit out of cattle and hogs. Like most professional men engaged in that kind of busi- ness, he probably kept his accounts poorly, and always thought he made money, whether he did or not.
Judge Thornton was a devout follower of Henry Clay in his life time, and a whig of the ('lay school until Clay ceased to be a figure in politics, when the Judge became a democrat.
Hle practiced law with many of the men who gained historic reputation in the state of Illinois. He practiced on the circuit before Sidney Breese. Gustav Koerner, Judge David Davis. Samuel Treat. Judge Gallagher. Rice, Vande- veer. Welsh, Zane. Phillips. Creighton and many others. He tried cases with Lincoln, Vandeveer. Ficklin, Oglesby, Ed Baker. Palmer, Stewart, Edwards, Eden and many others whose names are familiar to the older members of the profes- sion.
His life long rival in business at home for nearly fifty years, was Samuel W. Moulton, as hard a working, close thinking, accurate and safe a lawyer as ever practiced in the State of Illinois.
This rivalry helped to make both of them great lawyers, but it was carried beyond emula- tion in business, and was so bitter that neither
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would consent to the other getting office where it was carned and well deserved. Except when Judge Thornton ran for judge of the supreme court, this feeling was ever dominant.
Save for this, one of these well qualified men, should and would have been circuit judge, in- stead of inferior men from other counties who profited by their dislikes.
They both went to congress at the same time, but this rivalry did not hurt. as Moulton ran on the republican ticket for the state at large. and Thornton as a democratic candidate in the old tenth district.
Judge Thornton in his practice with Mr. Moulton, was disposed to belittle his opponent. on any position that he might take upon both the law and the facts, but he learned long ago to re- spect Moulton's opinion in law, and his ability to take care of himself in a law suit.
When these old men were young men in the practice. they rode horseback all over Shelby county and into the adjoining counties : looking through their old books will show that a fee of five dollars for a day or two service, including the horse, was the usual compensation, and that was frequently paid in meat or something to live upon. Either of them probably would have pre- ferred to take and try a case for nothing rather than permit his rival to win a case without an effort. Judge Thornton's nephew and former partner. A. T. Hall, once showed me his old books, showing the accounts which the Judge had made for services rendered for Gen. Wm. F. Thornton, who was the leading man and financier in Shelby county for many years.
These books disclose the fact that a fee of from two dollars and a half to ten dollars for foreclosing a mortgage, was the amount that compensated a great lawyer in those days.
Judge Thornton was in partnership with . An- thony Hall, his nephew, Geo. T. Wendling, the
famous platform orator. H. J. Hamlin. B. F. Wilson. Wm. J. Lloyd, Judge Hess. W. (. Wal- lace and Wm. Ragan. at different times, but all of his partnerships were of short duration.
At one time he moved to the city of Deca- tur, where he remained two or three years in partnership with a couple of young men of that city.
At another time he gave up his old practice and moved to his old home in Kentucky. He engaged. in the last year of the war. in an unfor- tunate enterprise, in the woolen business, by which he lost twenty or thirty thousand dollars.
He was a man of peculiar disposition, and it was owing probably to some of his weaknesses that he failed to reach the altitude of greatness to which his talent and ability entitled him.
lle was in his prime about the time the war began, and if his heart and feelings had permit- ted him to follow the lead of Stephen A. Doug- las, or join with such men as Gen. Palmer and Gen. John .A. Logan, Mr. Lincoln, who knew him well and recognized his great ability, would doubtless have been glad to have had his assist- ance, and he could have given the judge such an office or place, and preferment. that his great power could have been used for his country's welfare, and his name would have been forever among the other patriots who did so much in that time of great trial to the country, to save it from destruction.
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