USA > Illinois > Sangamon County > Historical encyclopedia of Illinois, Volume II, part 1 > Part 36
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immediate successor on the circuit bench being R. B. Shirley, of Carlinville. Judge Zane re- mained in office until 1884, when he resigned to accept the position of Chief Justice of Utah Ter- ritory, being then succeeded on the bench In Illinois by Willlam L. Gross, by appointment of the Governor, to fill out Zane's unexpired term of less than one year. Judge Welch, after one re-election, served until his death in 1888, his successor being Jacob Fonlke, of Vandalia. In 1885 James A. Creighton was elected as successor of Judge Zane, and has remained in office by successive re-elections to the present time (1911), a period of twenty-seven years. Judge Foulke remalned In office from 1888 to 1897, and Judge Shirley from 1893 to the present date.
Under a reapportionment in 1897, the State was divided Into seventeen circuits exclusive of Cook County, Sangamon County then becoming a part of the Seventh Circuit, the other counties embraced within the circuit being Macoupin, Mor- gan, Scott, Greene and Jersey. At the election held in June of the same year, James A. Creigh- ton of Springfield, Robert B. Shirley, of Carlin- ville, and Owen P. Thompson, of Jacksonville, were elected Judges for the regular term of six years, and since that date no change has been made in the list of occupants of the bench for the Springfield Circuit, Judges Creighton, Shir- ley and Thompson having been re-elected In 1903 and again in 1909.
(For personai sketches of John Reynolds, Charles R. Matheny, Samuel D. Lockwood, Rich- ard M. Young, Stephen T. Logan, Jesse Burgess Thomas, Jr., William Thomas, Samuel H. Treat, Sidney Breese, Walter B. Scates, Stephen A. Douglas, Thomas Ford, David Davis, Abraham Lincoln, Edward Y. Rice, Benjamin S. Edwards. John A. McClernand, Charles S. Zane, Horatio M. Vandeveer, Willlam R. Welch, Jesse J. Phil- lips, William L. Gross and James A. Creighton, mentioned in the order here named In the pre- ceding portion of this chapter, see tbe "Historical Encyclopedia" portion of this work.)
PROBATE AND COUNTY COURTS .- James Latham was the first Probate Judge of Sangamon County, having been appointed by the Governor under an act of the Legislature approved February 10, 1821, and held the first term of court June 4, 1821. Mr. Latbam was born in Loudoun County, Va., in 1768, emigrated to Kentucky when a young man, there marrled Mary Briggs and In 1819 came to Illinols, locating at Eikhart Grove,
tben a part of Sangamon County, but now in Logan County. Mr. Latham served as Probate Judge only a few months, being then appointed Superintendent of the Indians about Fort Clark (Peoria), whither he removed, and where he died December 4, 1826.
Zachariah Peter, who was the successor of Judge Latham, was also a native of Virginia, but spent his boyhood in Kentucky and in 1818 came to Sangamon County, locating In Ball Town- ship; was one of the three Commissioners ap- pointed by the Legislature to locate the tempo- rary seat of justice of Sangamon County, also filling a number of important offices. He died in Springfield August 5, 1864. .
Charles R. Matheny succeeded to the office of Probate Judge In 1822, which he continued to occupy for three years, serving also as Circuit Clerk, Recorder and County Clerk. Before com- ing to Sangamon Connty he served in the Terrl- torlal Legislature and also in the Second State Legislature. He was head of one of the bistoric families of Springfield, dylng there In 1839 while Connty Clerk, which office be had held for eigh- teen years.
James Adams, reputed to be the first lawyer to come to Sangamon County, held the office of Pro- bate Jndge from 1825 to 1843, being succeeded by James Moffett, also an early attorney, who held tbe office from 1843 to 1849, just after the adop- tion of the Constitution of 1848.
Under this constitution counties not having adopted township organization were under local jurisdiction of a Board consisting of a County Judge and two Associate Justices, upon the former devolving the duties of Probate Judge, and Judge Moffett then became County Judge. serving four years. The Associate Judges had jurisdiction as Justices of the Peace for the county. . In 1853 John Wickliffe Taylor was elected to succeed Judge Moffett. Judge Taylor was a native of Kentucky, and after coming to Springfield, Ill., In 1833, where he spent one year, located on a farm in Cartwright Township, where he lived at the time of his election. Hls Immediate successor, elected In 1857, was Wm. D. Power, who was born In Bath County, Ky., In 1821, and the same year was brought to Sangamon County, where he grew to manhood. He was reelected County Judge In 1861, but died in office March 2, 1863, Norman M. Broadwell then being elected his suc- cessor and serving out his unexpired term of two years.
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LIBRARY OF THE UNIVERSITY OF ILLINOIS
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HISTORY OF SANGAMON COUNTY
William Prescott succeeded Judge Broadwell, serviug from 1865 to 1869, beiug succeeded by A. N. J. Crook 1869-73.
By the adoption of township organizatiou iu Sangamon County in 1860, the office of Associate Justice was abolished and the administration of local affairs was intrusted to a Board of Super- visors representing the respective townships, the County Judge, however, being still retained as . Judge of Probate. Under provision of the Con- stitution of 1870, county courts were created having jurisdiction of all matters of probate, and inade a court of record. A. N. J. Crook was, therefore, the first County Judge having juris- diction under the new law.
James II. Matheny was elected County Judge, as successor to Judge Crook, in 1873, by successive reelections serving continuously up to the date of his death, September 7, 1890. Judge Matheny was born in St. Clair County, Ill., in 1818, a son of Charles R. Matheny, the first County Clerk of Sangamon County ; was a member of the Consti- tutional Convention of 1847, and for some time from 1852, was Clerk of the Circuit Court, after which he began the practice of law. During the Civil War he was commissioned Lieutenant Col- onel of the One Hundred Fourteenth Illinois Vol- unteers, and after the siege of Vicksburg served one year as Judge Advocate, when he resigned.
The following is a list of County and Probate Judges, who have served in Sangamon since the death of Judge Matheny, with term of office:
COUNTY JUDGES.
TERM.
Robert L. McGuire .. Sept. 12, 1890, to Dec. 1, 1890 Geo. W. Murray .... Nov. 26, 1890, to Dec. 1, 1894 Charles P. Kane .... Nov. 28, 1894, to Dec. 1, 1898 Geo. W. Murray .... Dec. 3, 1898, to Dec. 1, 1910
John B. Weaver .... Nov.
3, 1910, still in office.
PROBATE JUDGES.
TERM.
Wm. H. Colby ..... Nov. 19, 1902, to June 10, 1904 Clarence A. Jones. . Aug. 29, 1904, to June 30, 1908 Henry A. Stevens ... Nov. 12, 1908, to July 26, 1910 W. Edgar Sampson . July 30, 1910, to Nov. 5, 1910
C. H. Jenkins ...... Nov. 28, 1910, still In office.
BAR OF SANGAMON COUNTY.
James Adams is reported to have been the first attorney-at-law to settle in Sangamon County. He was a native of Hartford, Conn., born in 1803, and, after having spent his boyhood in Oswego, N. Y., came to Springfield in 1821; in 1823 was appointed Justice of the Peace, later served in the Winnebago and Black Hawk Wars, and in 1841 was elected Probate Judge, dying August 11, 1843.
Jonathan H. Pugh, the second attorney in the county, came from Bath County, Ky., and in 1823 located iu Springfield, having previously speut some time iu Bond Couuty, Ill., from which he served one term in the State Legislature. He was a mau of much ability and after coming to Sangamon County, served two terms as Repre- sentative in the General Assembly (1826-30), and later one term (1830-32) from Fayette County, having then taken up his residence at Vaudalia, the State capital. He was au unsuccessful cau- didate for Congress in opposition to Joseph Dun- can in 1831, being then an advocate of the con- struction of a railroad instead of the Illinois and Michigan Canal. He died in 1833.
Thomas M. Neale, a uative of Fauquier County, Va., born iu 1796, in boyhood was brought by his parents to Bowling Green, Ky., at sixteen years of age eulisted as a soldier in the War of 1812, and after studying law and being admitted to the bar at Bowling Green, in 1824 came to Spring- field and at once entered practice. During the Winnebago War of 1827, he served as Colonel of the infantry companies raised iu Illinois, and after the Black Hawk War was elected Surveyor of Sangamon County, one of his first acts being the appointment of Abraham Lincoln as his deputy. His death occurred August 7, 1840.
James M. Strode arrived in Sangamon County from Kentucky, in 1823 and, after spending a few years here, removed to Northern Illinois, being connected with the history of both Chi- cago and Galena, his death occurring at the latter place. He was the first State Senator from Cook County, serving from 1832 to 1836, also rep- resenting Jo Daviess County during the last half of his term.
William S. Hamilton, son of the noted Alex- ander Hamilton, came to Sangamon County pre- vious to 1825, and although he had received his training at West Point, became connected with the courts at Springfield ; also served one term (1825-26) as Representative in the General As- sembly from Sangamon County.
Thomas Moffett, from Bath County, Ky., came to Springfield in 1826 and after being engaged in teaching two years, meanwhile devoting his leisure hours to studying law, was admitted to the bar, being the first person to receive such a license in the county. He also served as Ser- geant during the Winnebago "war scare," and as Captain in the Black Hawk War; was County Commissioner two years, Judge of Probate from
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HISTORY OF SANGAMON COUNTY
1843 to the adoption of the Constitution of 1848, when he was elected County Judge for a four years' term. Judge Moffett, as he was always known In his later life, was a ruling elder in the Second Presbyterian church of Springfield, and a luan of high reputation, his death occurring in 1877.
William Mendall had a brief career in the Sangamou Conrts, but little of a historic character concerning him has been preserved.
George Forquer, the older half-brother of Gov. Thomas Ford, and a lawyer of recognized ability, was for sometime prominently connected with Saugamon County, rather officially, however, thau professionally. Coming from his native place in Western Pennsylvania, about 1804, after spend- ing some twenty years in Monroe County, Ill., where he had once beeu elected Representative in the General Assembly, he later occupied the office of Secretary of State and Attorney-General, each for a period of four years (1825-33), and stiil iater (1833-37) served one term as State Senator from Sangamon County.
Benjamin Mills and Henry Starr, the formuer fromu Massachusetts and the latter from New Hampshire, both for a time residents of Edwards- ville, Iil., were occasiouai practitioners before the Sangamon Circuit Courts about this time, and had a wide reputation for superior training and ability. Mills later went to Jo Daviess County and served one term in the Legislature from that county, and, in 1834, was the candidate on the Whig ticket for Congress from the Third (then the Northern Illinois) District, but was defeated by William L. May of Springfield. IIe is said to have died in 1835.
John Todd Stuart, In, itis closing years head of the well-known law firm of Stuart, Edwards & Brown, and justly rauking as the Nestor of his professiou in Sangamon County, was horn in Fay- ette County, Ky., November 10, 1807, the son of Robert and Hannah (Todd) Stuart, the iatter a relative of the Todd familly of which Mrs. Mary (Todd) Lincoln was a member. Mr. Stuart spent his early life on the home farm, later en- tering Centre Coliege at Danville, Ky., and grad- uating from the classical department at nineteen years of age. He then began the study of law with Judge Breck at Richmond, Ky., continuing thus employed two years, when (in 1828) he started on horsehack for the "Sangamo Country," going hy way of Frankfort, Ky., and there se- curing a license to practice, proceeded on his jour-
ney, ten days later arriving at the future State capital. There he made his permanent home and built up an extensive practice, which was probably continued for as long a period as that of any other lawyer in the State of Iillnois. He became an early associate of Abraham Lincoln, who began the study of law uuder his advice and in 1837 they entered Into partnership, which was continued until 1841. He served two terms as Representative in the General Assembly (1832- 36), was an unsuccessful candidate for Congress on the Whig ticket in 1836, but was elected as au opponent of Stephen A. Douglas In 1838 and re- elected two years later, served oue term in the State Senate (1848-52), in 1860 was candidate for Governor on the Bell aud Everett ticket, in 1862 elected to Congress for a third term and in 1864 defeated for the same office by Shelby M. Cullom. Originally a Whig, on the dissolu- tion of that party he became identified with the Deurocratic party, but was conservative in his opposition to the policy of the Republican party. His death occurred November 28, 1885.
One of the earliest comers after Johu T. Stuart was William L. May, a Keutuckian by birth, who came fromu his uative State to Edwardsville, Ill., thence to Jacksonville, and from there to Springfield In 1829, by appointment as Receiver of the Land Office at the latter place. Before coming to Springfield he served one term as Rep- resentative in the General Assembly and later (1834 and 1836) was twice elected to Congress. in 1838 was a law partner of Stephen T. Logan and the same year was defeated for renomina- tion for Cougress by Stephen A. Douglas, who was then just entering upon his political career hut who was hinuseif defeated as a candidate for Congress by John T. Stuart. Mr. May later became a resident of Peoria and finaliy dled in California.
David Prickett, who came soon after Mr. May, was a uative of Franklin County, Ga., and. a relative of the pioneer Prickett family of Edwardsville, Iil., where he was admitted to the bar in 1821, became Probate Judge and served one term as Representative in the General As- sembly from Madison County, was aide-de-camp of Gen. John D. Whiteside in the Black Hawk "war scare" of 1831, and in 1837 was elected State's Attorney for the Sangamon District, later served as Treasurer of the Illinois and Michigan Canai Commission, and occupled a number of other official positions, at the time of his death
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LIBRARY OF THE UNIVERSITY OF ILLINOIS
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in 1847 belng Assistant Clerk of the House of Representatives at Springfield.
Edward J. Phillips, who came about the same time as Prickett, is described by his contempo- raries as a man of prepossessing appearance, but remained in legal practice but a short time, then becoming an officer of the State Bank. Ed- ward Jones, another belonging to this period, was a native of Georgetown, D. C., was admitted to the Bar before reaching lils nineteenth year, and the same year (1830) came to Springfield, Ill., and eutered practice as the partner of George Forquer, took part in both campaigns of the Black Hawk War, In 1834 was appointed Clerk of the Circult Court of Tazewell County and afterward engaged in the practice of his profession at Pekin; aiso served as Captain of a Company in Col. E. D. Baker's reglment during the first year of the Mexicau War, finally dying December 20, 1857.
Others who came after those just mentioned, and between 1830 and 1840, included Henry E. Dummer, Stephen T. Logan, John D. Urquhart, Daniel Stone, Josephus Hewitt, Charles Emmer- son, Stephen A. Douglas, Jesse B. Thomas, Jr., Edward D. Baker, David B. and Antrim Camp- beli, A. T. Bledsoe, Schuyler Strong, Ninian W. Edwards, James C. Conkling and W. J. Gate- wood. Mr. Dummer, who was a native of Maine, came in 1832, soon after entered into partnership with John T. Stuart, a year or two later removed to Jacksonville and stili later to Beardstown, where he spent several years, then returning to Jacksonville, where he died about 1877. He was a man of high character and superior ability, and left behind him a rep- utation for integrity and capabiilty in his pro- fesslon. The career of Stephen T. Logan, in length of identification with Sangamon County iegal history, comes second only to that of Col. John T. Stuart, of whom he was a compeer in pubile and official iife. Sketches of both can be found in the "Historical Encyclopedia" (Vol. I) of this work. The most Important arrivai (though not recognized as such at the time) was that of Abraham Lincoln, the future Eman- clpator of a race and Preserver of the Union, who came in 1836 and was admitted to the Bar during the following year. Daniel Stone, also meutloned In this list, was a close friend of Lin- coin, and listed as one of the "Long Nine," who became an Important factor in securing the
transfer of the State capital to Springfield dur- ing the session of the General Assembly of 1837.
During the next decade were added to the roster of the Sangamon County Bar the follow- ing names : Silas W. Robbins, Charles R. Willis, Benjamin West, James Shields, Levi Davis, A. K. Smede, Benjamin S. Edwards, James H. Matheny, David Logan (son of Stephen T.), Wil- liam I. Ferguson, Elliott B. and Willlam H. Herndon, William Walker and Vincent Ridgely, several of whom had spent their youth or early manhood in Springfield. Besides these two groups personally identified with the Sangamon Bar, it is fitting that mention should be made of those who, while residents of other cities, were accustomed to visit Springfield in connection with the practice of their profession, and were prominent lu State history. These would in- clude such names as William Thomas and Col. John J. Hardln of Jacksonville; Aifred W. Cav- arly; of Carrollton; Judge David Davis of Bloomington; Orville H. Browning, Archibald Williams and William A. Richardson, of Quincy ; Wllllam A. Minshall of Rushville; Cyrus Walker of Macomb; Anthony Thornton of Shelbyville; Joseph Gillespie of Edwardsville; Mahlon D. Ogden, Hugh T. Dlckey, Justin Butterfield, Eben- ezer Peck and J. Young Scammon of Chicago; Josiah Lamborn and Usher F. Linder, both At- torneys General of the State. Samuel McRob- erts, Sidney Breese and Lyman Trumbull, ail of whom-besides Douglas, Shields, Richardson, Baker and Davis already mentioned-became United States Senators, and all but one (Col. E. D. Baker, who fell at Ball's Bluff, during the first year of the Civil War) at different periods rep- resenting the State of Illinois. With the name of Abraham Lincoln heading this llst, and those of Gov. Richard Yates, Sheiby M. Cullom and Gen. John M. Palmer being added thereto at a later period, there are few cities In any other State which conid present such a galaxy of nota- ble names so closely identified with Its locai history.
With the increase of Springfield and Central Illluois in population in the early 'fifties, lawyers practicing in the Sangamon Circuit Courts be- came more closely identified with the iocal Bar and iargeiy increased in number. According to the Bar records for that perlod, the following names were added to the llst between 1851 and 1861, viz .: John A. McClernand, L. B. Adams, Norman M. Broadweil, David A. Brown, W. J.
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HISTORY OF SANGAMON COUNTY
Black, W. J. Conkling, Primm & Gibson, J. E. Rosette, J. B. White, G. W. Shutt, Thomas Lewis, D. McWliiiams, Charles W. Keyes, Shelby M. Cullom, L. Rosette, A. McWilliams, J. R. Thomp- son, Charies S. Zane, Wililam Campbeli, J. R. Baii, G. W. Besore, S. S. Whitehurst, J. D. Hall, Christopher C. Brown, John E. Denny, Milton Hay, L. F. McCriilis, J. W. Moffett, Charles B. Brown, S. C. Gibson, T. S. Mather, T. C. Mather, H. G. Reynolds, Eugene L. Gross, L. C. Boyn- ton, A. B. Ives, C. M. Morrison, Joseph Wallace, Speed Butier, Edward F. Leonard and William Prescott. The next decade (1861-71), including the Civil War period, showed a smaller increase, as indicated by the following list: Lawrence Weldon, William M. Springer, J. K. W. Bradley, W. P. Olden, A. N. J. Crook, James E. Dowling, A. W. Hayes, Richmond Wolcott, L. H. Bradley, J. A. Chestnut, J. C. Crowley, William Fowler, James W. Patton, George C. Marcy, William E. Shutt and Alfred Orendorff.
The perlod between 1871 and 1881 saw a some- what larger increase, Including the location of a number in Springfield from other points in the State and the addition of several who had re- sumed their legal studles after the close of the war. The list foots up as follows : David T. Lit- tler, J. A. Kennedy, L. F. Hamilton, James C. Robinson, Winfield S. Collins, A. L. Knapp, Ber- nard Stuve, Bluford Wilson, Loren Hasson, Rob- ert Allen, Thomas C. Austin, John F. Barrow, S. D. Scholes, W. P. Emery, Charies H. Rice, Charles D. Harvey, Robert H. Hazlett, Robert L. McGuire, John M. Palmer and John Mayo Palmer, Alonzo W. Wood, Charies W. Brown, Clinton L. Conkling, Enoch Harpole, Wm. L. Gross, E. D. Matheny, J. C. Lanphler, Henry H. Rogers, George A. Sanders, J. C. Snigg, Ezra W. White, Charles P. Kane and Henry B. Kane. Others Immediately connected with this group or closely following in date of admission to the Sangamon Bar included the following: Frank W. Bennett, Collins & Sprague, John H. Gunn, Ralph W. Haynes, W. F. Houston, Frank H. Jones, J. R. H. Klng, James H. Matheny, Jr., Albert Salzenstein, Larue Vredenburg, Joseph Wallace, Walter B. Wines, and Richmond Wol- cott.
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Lawrence Weldon came to Springfield fron Clinton, Ill., in consequence of his appointment by President Lincoln, U. S. District Attorney for the Southern District of Illinols In 1861; had served in the Legislature from Dewitt County
the same year and was chosen a Presidential Elector In 1860. His later years were speut as Associate Justice of the United States Court of Clalms in Washington, where he died April 10, 1905.
John E. Rosette was a native of Delaware, Ohio, was admitted to the Bar at Columbus, Ohio, in 1850, and came to Springfield, Iil., in 1855, where he practiced his profession several years, meanwhile for a time editing a Republican paper in Springfield during the Civil War, but later removed and died some years since.
After holding the office of Circuit Judge for ten years for the Springfield Circuit, Judge Charles S. Zane was appointed Chief Justice of Utah Territory in 1883, and at the first State election in Utah was chosen one of the Justices of the Supreme Court ; has since continued to reside in that State, practicing his profession at Salt Lake.
Eugene L. Gross was a native of Starkville, Herkimer County, N. Y., born in 1836, came with his parents to Illinois in 1844, read law at Knox- vilie and was admitted to the Bar in 1857, com- ing to Springfield a year later and in 1865 was chosen by the City Council to revise the city ordi- nances. Later in conjunction with his brother William L. he published a Digest of the Law of Illinois, which then became known as Gross' Revised Statutes. He was a man of superior literary training and ability, but died of consump- tion June 4, 1874.
Maj. Bluford Wilson, born at Shawneetown, Ill., November 20, 1841, after taking a course in McKendree College, was a law student In the University of Michigan in 1862, when he enlisted in the One Hundred and Twentieth Illinois Vol- unteers, was appointed Adjutant and in May, 1863, became Assistant Adjutant General on the staff of Gen. Michael N. Lawler, later serving in the same capacity on the staffs of Gens. Dana and Eugene A. Carr, and being brevetted as Major .for gallant service. After the war he re- sumed his legal studies, was admitted to the bar In 1867, and during the administration of Gen. Grant was appointed U. S. District Attorney for the Southern District of Illinois and later Solic- itor of the Treasury in Washington, where he made a notable record as a supporter of the pollcy of Secretary B. H. Bristow in the war against the "Whisky Ring." On his retirement he engaged in practice in Springfield, but for a time has devoted considerable attention to the
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promotion of railroad enterprises in Southern Iiiinois.
Among those members of the Springfieid Bar who established themselves in the practice of thelr profession just before the Civil War, none attained a higher rank than the late Christopher C. Brown, who was born near the village. of Athens, Menard Connty, but then In Sangamon County, October 21, 1834, a member of a well- known pioneer family. Mr. Brown obtained his academic education at Hillsboro and Springfield, later took a course in the Transylvania Law School at Lexington, Ky., and was admitted to the bar in 1857, three years iater becoming a member of the firm of Stnart, Edwards & Brown, which partnership continued some twenty-five years until disrupted by the death of Coi. John T. Stuart, the head of the firm, in 1885. With some changes in partnership, he continued the practice of his profession nntil his own death, May 6, 1904, an event deeply depiored by a large circle of friends.
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