Historical encyclopedia of Illinois and history of Hancock County, Volume II, Part 22

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913. cn; Currey, J. Seymour (Josiah Seymour), 1844-1928. 4n; Scofield, Charles J. (Charles Josiah), 1853- 4n
Publication date: 1921
Publisher: Chicago : Munsell Pub. Co.
Number of Pages: 1174

USA > Illinois > Hancock County > Historical encyclopedia of Illinois and history of Hancock County, Volume II > Part 22

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A brief statement of certain changes in the judicial circuits affecting this and adjoining counties may not be inappropriate.

By act in force on February 11, 1853, Mercer County was detached from the Fifteenth Ju- dicial Circuit and placed in the Tenth Circuit.

By act in force January 29, 1857, Fulton, McDonough, Schuyler, Brown and Pike were made to compose the Fifth Judicial Circuit. Thus McDonough and Hancock were separated.

By act in force February 15, 1857, entitled "An Act to change the time of holding court in the Fifteenth Judicial Circuit," the times for holding the courts in Adams and Han- cock counties are provided for. From that time until 1897 Adams and Hancock were in the same circuit, part of the time without other counties, and part of the time with other counties. In 1877 a judicial circuit was created, called the Sixth Judicial Circuit, com- posed of the counties of Hancock, Adams, Pike, McDonough, Fulton, Brown and Schuyler, and . this arrangement continued until 1897, when Hancock, McDonough, Fulton, Henderson, Warren and Knox were placed together as one circuit, called the Ninth Judicial Circuit.

By act of February 11, 1853, McDonough County was attached to the Fifteenth Judicial Circuit, and so was in the same circuit with Hancock County for a few years following.

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By act in force February 14, 1855, Henderson was detached from this Fifteenth Circuit and placed in the Tenth Circuit. This left Adams, Hancock and McDonough as companion coun- ties in the Fifteenth Circuit.

Joseph Sibley-Judge Sibley was elected judge of the Circuit Court in the circuit includ- ing Hancock County on the first Monday of June, 1855, for the term of six years, as pro- vided by the constitution of 1848, and was thereafter reelected in 1861, 1867 and 1873, and was judge of the Circuit Court of this county for twenty-four years, his period of service ter- minating when his successor, elected on the first Monday of June, 1879, was qualified to assume the office.

During that long period of time the records show that Judge Sibley held all terms of the Circuit Court of this county up to and including the October term, 1877, during all of which period of time there were three terms held every year. These terms were known as the March, May and October terms, until 1867, when the May term was changed to June by legislative enactment.

APPELLATE COURTS

The act of 1877 provided for Appellate Courts, decreasing the number of judicial circuits and increasing the number of judges of the circuit court, and provided for three judges in each circuit. The terms of Judge Sibley and Judge Chauncey L. Higbee, whose circuits were con- solidated, did not expire until 1879. The law provided for a third judge to be elected for two years and Judge Simeon P. Shope was elected for this short term.

Judge Sibley, having been appointed to the Appellate Bench, it became necessary for the other two judges to keep up his work, partly at least, on the circuit, and so Judge Higbee pre- sided at the March term, 1878, Judge John J. Glenn of Monmouth, an adjoining circuit, at the October term, 1878, and Judge Shope at the March term, 1879. Judge Sibley held the June term, 1878, and the June term, 1879.

Judge Sibley as a man and judge was sui generis. He was a good lawyer, rapid in the disposition of business, ordinarily safe in his judgment as to law, and undoubtedly honest in his actions and rulings on the bench. He was a man of strong prejudices, who did not go out of his way to coach a lawyer for whom he had

no especial affection. He attacked a docket with vigor, requiring all cases for trial by jury to be set down for the first day of the term, and proceeded from one case to the other with great regularity and energy. Consequently on the first day of the term the court-house would be packed with litigants and witnesses, and it would be manifest that something was going on, at the court-house, on the streets and at the hotels. This was a hardship upon lawyers, who were figuratively torn limb from limb by parties and witnesses who were anxious to get home and could not find out how long they would have to attend before the cases in which they were interested or subpoenaed would be tried.

Judge Sibley required all male witnesses who were not infirm with age or sickness to stand while testifying. He permitted a woman or an old man or a sick man to be seated. He as- signed to the editor as a reason for this prac- tice that the witnesses, if standing, would not be apt to "talk so much."

It was the practice of Judge Sibley to press the taking of evidence in a cause with great vigor, but he seldom limited the attorneys in the argument to the jury, during which he was frequently absent from the courtroom. The at- torneys did not complain of this in making up their records, for the reason that they were willing as a rule for him to be absent, as that gave them a free rein in the argument.

During the argument of the case of Wilson v. The People, reported in 94 Ill., p. 299, when the state's attorney indulged, in "much intem- perance of speech in his closing argument," Judge Sibley was absent from the courtroom, and that is the reason why his attention was not directed to the matter by the attorneys for the defendant. The Supreme Court says: "It does not appear that the judge's attention was called to this language, and it can not, there- fore, be said the court erred in not checking him." But the judge was not present at that time in the courtroom, and the attorneys for the de- fendant did not ask to have the record show that the judge was absent.

Judge Sibley required all instructions of law, offered to be given to the jury, to be passed up to him by the commencement of the closing ar- gument. Judges at the present day frequently demand the instructions by the commencement of the first argument. Judge Sibley would re- turn to the courtroom about the time of the

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commencement of the closing argument, and would pass upon the instructions very rapidly. The editor can close his eyes and imagine that he sees him now reading the instructions, part of the time working his lips, and, having fin- ished the reading, taking up his quill pen and marking them "Given" or "Refused" without further ceremony. He did not waste time in this judicial act. His rulings on the instructions were ordinarily correct, as much so probably as if he had consumed a much longer time in examining them.

Another characteristic of Judge Sibley was accelerated speed as he approached the close of the term. The editor speaks as to Hancock County only. The judge seemed anxious to reach that point when the sheriff would } directed to adjourn court for the term, or, as it was sometimes inaccurately expressed, "until court in course." All the judge had to do was to adjourn "without day," and the law fixed the "court in course" part of it.

As illustrative of this characteristic, the edi- tor remembers an occasion when he was perspir- ing profusely at his office, endeavoring to pre- pare an affidavit for continuance in a criminal case which would pass the scrutiny of the court. This was the last case for trial by jury, and if this case were out of the way, the term would end. During the preparation of the affidavit, the judge entered the office. "What are you doing?" he asked. The lawyer answered : "Judge, I am trying to prepare an affidavit for continuance in this criminal case, but I am afraid I can't make much of a show- ing." The judge answered, "Go ahead with it." Then, with a bare reference to a certain place of excessive heat, he added: "It won't take much." And it did not, for, on the next morn- ing, the judge promptly held the affidavit suf- ficient, and adjourned court for the term. That was an instance of "Where a feller needs a friend," and found one.

Notwithstanding his eccentricities, the editor remembers Judge Sibley with profound respect and with a large degree of admiration. He was a strong, able man. He made enemies, but he made friends also. He was a hard driver in court, but he generally drove straight to the goal.

After the expiration of Judge Sibley's last term as circuit judge, he entered into partner- ship with Carter and Govert of Quincy, under

the firm name of Sibley, Carter & Govert. After a few years this partnership dissolved.

OTHER PROMINENT JURISTS

Chauncey L. Higbee-Judge Higbee was one of the judges of the circuit including Hancock from 1877 until his death in December, 1884. He was a native of Ohio and came to Illinois early in life. He was at Nauvoo during the Mormon troubles, and was one of those inter- ested in the protest against certain practices of the founder of Mormonism, which resulted in the destruction of the "Expositor" press. Afterwards Judge Higbee moved to Pittsfield in Pike County, where he entered upon the - practice of law, establishing a reputation as a lawyer second to none in that vicinity. In June, 1861, he was elected judge of the Circuit Court, and was reëlected in 1867 and in 1873, and held the office until his death.

In September, 1877, under the law by which the judges of the Circuit Court were to serve as judges of the Appellate Court, by appoint- ment of the Supreme Court, Judge Higbee was appointed one of the judges of the Appellate Court for the third district, at Springfield. He was reappointed in June, 1879, and in June, 1882, and was such appellate judge when he died

Judge Higbee was regarded as one of the ablest judges of the Circuit Court in the state of Illinois. The editor asked the Hon. William H. Neece of Macomb, during a certain con- versation with him, as to why it was that so few appeals were taken from the decisions of Judge Higbee on the circuit, and Mr. Neece's answer was: "The people have such confidence in Judge Higbee's integrity and ability that a defeated litigant will say, 'Well, if the old judge says I haven't a good case, there's no use to appeal it.' "

Judge Higbee was rapid in the disposition of business, always courteous and yet firm as a rock on the bench, and a judge who believed with all his heart that the law should be en- forced, and endeavored to see that this belief was realized in results.

Judge Higbee, in a certain conversation, gave the editor an account of a trial, at which he presided in another county, in which a woman was under indictment for the murder of her husband. The jury, much to the judge's cha- grin, had returned a verdict of not guilty. The

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editor remarked: "Judge, you would not be willing to sentence a woman to be hanged, would you ?" Judge Higbee answered : "This woman was guilty, and I would have sentenced her to be hanged with great pleasure."

At one time, as the editor was on the way to Springfield, he saw Judge Higbee seated in the train, in conversation with a gentleman whom the editor had never met, and the judge introduced the editor to that gentleman, who was none other than the Hon. William L. Vande- venter, then at Mt. Sterling, afterwards of Quincy, Illinois. Judge Higbee invited the edi- tor to be seated with him and Mr. Vandeventer, and, when the latter left the train, the judge continued the conversation with the editor until they separated at Springfield. During this con- versation Judge Higbee said of Mr. Vandeven- ter, that, in his opinion, he knew more of the contents of the Illinois Supreme Court Reports than any other man in the state, that he knew the cases in most instances by name, and the volumes in which they were respectively to be found, and that while he was nervous and ec- centric, he was indeed a very great lawyer. (And the editor bears like testimony to the ability of Mr. Vandeventer.)

The opinions written by Judge Higbee as Ap- pellate Judge are marvelously clear and accu- rate.

Judge Shope, who attended the funeral of Judge Higbee at Pittsfield in December, 1884, told the editor that the ceremony at the grave was most beautiful and impressive; that chil- dren carrying cut flowers of exquisite beauty approached the open grave and covered the cas- ket with these flowers; and that there was a demonstration of feeling upon the occasion rarely witnessed at a cemetery service.

Although the younger Judge Higbee has never been a judge of this circuit, it is not out of place to say that Judge Harry Higbee of Pitts- field, Illinois, is the illustrious son of an illus- trious father. After having practiced success- fully at the bar of his county, Judge Higbee was elected one of the judges of the Circuit Court of that county in June, 1897, and has been reëlected from time to time until he will have served continuously on the bench for twenty-four years if he lives until June, 1921. In June, 1897, he was appointed one of the judges of the Appellate Court for the second district, and has served as appellate judge since

that time in one or another of the Appellate Courts of the state.

Asa C. Mathews-Upon the death of Judge Chauncey L. Higbee, the governor appointed Judge Asa C. Mathews of Pittsfield to fill out the unexpired term, and so for a short period, about five months, Judge Mathews was one of the judges of this circuit. He did not hold any term in Hancock. He was a candidate for elec- tion on the Republican ticket in June, 1885, but the circuit was largely Democratic, and Judge Mathews was defeated by Judge John C. Bagby of Rushville.

Judge Mathews was an able lawyer, and there is every reason to believe that his career on the bench would have been highly creditable if he had been elected to that office in 1885. After his brief term of service on the bench, he re- sumed the practice of the law at Pittsfield, and was so actively and successfully engaged for many years. He was one of those lawyers who did not waste his own breath or tax the pa- tience of a judge. He explained his position clearly and in brief terms, frequently adding, "If I have made the point clear I have no de- sire to repeat." Upon being assured by the court that his position was understood, he sub- mitted the question for decision. Judge Mathews died at Pittsfield some years ago.

Simeon P. Shope This eminent man was one of the judges of this circuit for a period of about eight years, holding the short term from 1877 to 1879, and a full term from the latter date to June, 1885. At the June election, 1885, for justice of the Supreme Court from this dis- trict, Judge Shope was elected to the Supreme Bench for the term of nine years. He was not a candidate for reëlection, but, upon the expi- ration of his term as Supreme Court justice in 1894, he moved to Chicago and engaged there in the practice of law until near the time of his death.

Those who remember Judge Shope on the cir- cuit will have a vision of a man of superior physical endowments, great mentality and un- usual charm of manner. At that time Judge Shope was at the prime of his mental and physi- cal powers. He was forty-two years of age when he came to the Circuit Bench and fifty when he was elected justice of the Supreme Court. He was tall, straight and well pro- portioned, having a magnetic personality, being one of those men who make an impression and attract attention at first sight. When not on

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the bench, he was affable and courteous, and at all times a charming conversationalist. Upon the bench, he was rapid in the transaction of business, but sometimes slightly tyrannical in his attitude toward the bar. He sought under all circumstances to see that justice was ultimately done as between litigants, but he sometimes pursued a course toward that goal which sub- jected him to criticism, whether unjustly or not, it is not for the editor to say.

The following brief sketch of the life of Judge Shope, who died at Chicago on January 23, 1920, is taken from The Chicago Tribune of January 24, 1920 :

"Simeon P. Shope, once chief justice of the Supreme Court of Illinois, who played marbles with Stephen Douglas, 'The Little Giant,' and swapped stories with Abraham Lincoln, died yesterday at the Lake View hospital. Death was caused by injuries suffered in an auto acci- dent several weeks ago.

"Mr. Shope was eighty-five years old. He lived at 941 Lawrence avenue. He was born in Akron, O., December 3, 1834, was educated in Marseilles, Ill., taught school, and studied law. He was admitted to the bar in 1858 and became a judge in 1877.

"The judge was fond of telling stories about Douglas and Lincoln. His favorite yarn illus- trated the Great Emancipator's love of a joke.

"One day there came into Judge David Davis' court-room a man named Welcome Brown, a shiftless, careless sort of lawyer. When he leaned over to speak to the judge everybody in the room could see a big hole in the seat of his trousers. A young law student came up to Lincoln and asked him to subscribe for a new pair of pants for Brown.

"Lincoln looked, then wrote, 'I cheerfully con- tribute, to the end in view, fifty-two cents.'

"The judge will be buried at Lewistown, Ill., his old home. Funeral services will be held at three o'clock tomorrow at Bentley's chapel, 2701 North Clark street.

"The following committee has been appointed to represent the Chicago Bar association : Judges Samuel Alschuler, Jesse A. Baldwin, Bernard P. Barasa, George F. Barrett, Theo- dore Brentano, Orrin N. Carter, William Feni- more Cooper, Robert E. Crowe, Joseph H. Fitch, Jesse Holdom, M. L. Mckinley, Richard S. Tut- hill, Charles M. Walker, and Thomas G. Windes, Leonard A. Bnsby, Clarence S. Darrow, Edward F. Dunne. John R. Guilliams, W. W. Gurley,

Elbridge Hanecy, Maclay Hoyne, Charles L. Mahony, Harry P. Weber, John M. Zane.

"Judge Shope is survived by four grandchil- dren, Alice Barnett Price of San Diego, Cal., and George, Ray and Shope Kriete of 941 Law- rence avenue."

John H. Williams-Judge Williams was one of the judges of the Circuit Court in the Sixth Judicial Circuit, which included Hancock, from June, 1879, until June, 1885. His home was at Quincy. He was a son of Archibald Williams, who was a Kentuckian and had come to Quincy as far back as 1825 or 1826. He practiced law at Quincy and generally in this state for many years. Archibald Williams had superior stand- ing at the bar for his knowledge of the law, and especialy of real-estate law, which was one of the principal matters of judicial investigation in that day. He had great ability in the man- agement of a case. While he was not an orator in the ordinary use of the word, he was a con- vincing and impressive reasoner. Nature had not distinguished him as a handsome man, but his face evidenced strong character, and he commanded respect physically as well as men- tally.

When Judge John H. Williams was elected to the Circuit Bench, he was at his best in body as well as mind, and he gave his matured powers unreservedly to his judicial duties. Dur- ing his six years of service he held the eighteen terms of court in Hancock County, calling in one of the other judges occasionally only, for the trial of some particular case, and he held all the terms of the Adams Circuit Court in like manner, with occasional assistance as to matters in which he had been interested while engaged in practicing law.

Judge Williams had an unusual grasp of common-law pleading, as modified by statutory enactments, which has always been regarded in this state as one of the principal tests of judicial qualification. He had a keen sense of the equities of a case, and, while giving due re- gard to technical rules of law and practice, sought above all the true end of judicial inves- tigations, which is impartial enforcement of the law with justice tempered with equity.

Judge Williams was patient in hearing the arguments and suggestions of counsel. The edi- tor remembers one occasion in which Judge Williams came from Quincy to hear an argu- ment on questions of pleading, during the even- ing hours, and gave earnest attention, without

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interruption, to the arguments of counsel, pre- sented in one of the law offices of Carthage, although these arguments were lengthy, extend- ing to one or two hours each.

As a rule, Judge Williams announced his de- cisions without argument, which was in marked contrast with the practice of Judge Shope, who frequently delivered lengthy and elaborate oral opinions. Judge Williams said that he had heard judges give poor reasons for good opin- ions and good reasons for poor opinions, and that he considered it the safer plan for a judge to announce his decision and then proceed to the next case.

Judge Williams, a Republican, had been elected judge in a circuit largely Democratic, as the result of a furious controversy among Democrats over the nomination. At that time the editor, a Democrat, was master-in-chancery of the Circuit Court of this county, and had been such master since the October term, 1875. It was the practice of the judges in this cir- cuit in that day to appoint a master and then let him hold over, without further appointment, as long as the attorneys were satisfied and did not interfere by petition. When Judge Williams was elected, the editor expected a Republican lawyer to be appointed master-in-chancery, and so stated to Mr. Henry W. Draper, his partner, a prominent Republican lawyer of Hancock County, requesting Mr. Draper, who was inti- mately acquainted with Judge Williams to in- form Judge Williams that a change in the master's office was expected and that the master would take the initiative by resignation, or de- clining to serve further, or in any other man- ner acceptable to the judge. Mr. Draper re- ported to the master that the judge did not intend to make a change, and would not, but desired him to continue to nold the office, and so it came to pass that the editor, although po- litically opposed to Judge Williams, was, his master-in-chancery in this county throughout his term of six years.

During the sessions of court at which Judge Williams presided in this county he made his home with Mr: Wesley H. Manier, one of the prominent and able attorneys of this bar, wlio was in partnership with Mr. John D. Miller, af- terwards Judge Miller of the County Court, another able lawyer. Judge Williams and Mr. Manier were distantly related. But such was the fairness of Judge Williams that the editor never had occasion to feel that this association

of Judge Williams with Mr. Manier in his home interfered in any manner with the impartial ad- ministration of justice by Judge Williams while on the bench.

Judge Williams was not a candidate for re- election in 1885, but resumed the practice of the law at Quincy after the expiration of his term of six years, and continued in the prac- tice of his profession until his death, which occurred some years ago.

When the editor was holding a term of the Circuit Court in Whiteside County in the fall of 1887, by assignment of the Chief Justice of the Supreme Court, on account of the death of one of the judges of that circuit, he met a prominent attorney of Sterling by the name of J. E. McPherson, who had married a Macomb girl years before, and who therefore felt inter- ested in McDonough County affairs, and even in the editor as a judge of the circuit including that county. This gentleman told the editor that the highest compliment he had ever heard a lawyer receive in the court-room had been paid by Judge Drummond, U. S. judge at Chi- cago, to Archibald Williams, many years before, when Mr. Pherran was but a young man and just beginning the practice of the law. Mr. Mc- Pherran had wandered into Judge Drummond's courtroom. A difficult question of real-estate law was under consideration. Attorneys rep- resenting the two sides of the question had argued the same elaborately. Upon the conclu- sion of the argument, the judge said : "Mr. Wil- liams, the court would like to hear from you on this question." Thereupon, Archibald Williams, although not an attorney in the case, arose and in clear and convincing terms, stated the law as he understood it. Thereupon the judge said : "The court will hold with Mr. Williams." Mr. McPherran said that this unusual incident had made a deep impression upon him, and that he had always thought that Archibald Williams must have been a man of remarkable legal at- tainments.

At the June election, 1885, William Marsh of Quincy, John C. Bagby of Rushville and Charles J. Scofield of Carthage, were elected judges of the Sixth Judicial Circuit, composed of the coun- ties of Hancock, Adams, Pike, McDonough, Fulton, Schuyler and Brown. At the June elec- tion, 1891, Oscar P. Bonney of Quincy, Charles J. Scofield of Carthage, and Jefferson Orr of Pittsfield were elected judges in the same cir- cuit. Judge Scofield held for twelve years, his

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second term expiring in June, 1897. Each of the other judges named in this paragraph held for one term of six years.

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Historical encyclopedia of Illinois and history of Hancock County, Volume II, Part 22

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913. cn; Currey, J. Seymour (Josiah Seymour), 1844-1928. 4n; Scofield, Charles J. (Charles Josiah), 1853- 4n Publication date: 1921 Publisher: Chicago : Munsell Pub. Co. Number of Pages: 1174

Author: Bateman, Newton, 1822-1897. cn; Selby, Paul, 1825-1913. cn; Currey, J. Seymour (Josiah Seymour), 1844-1928. 4n; Scofield, Charles J. (Charles Josiah), 1853- 4n
Publication date: 1921
Publisher: Chicago : Munsell Pub. Co.
Number of Pages: 1174