Historical encyclopedia of Illinois and history of Hancock County, Volume II, Part 23

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 23

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Judge William Marsh of Quincy was one of the older practitioners at the bar of Adams County, and was one of the best laywers in that county as an adviser and for office business. He was not regarded as a strong lawyer before a jury. He had the judicial temperament, hold- ing the scales of justice with a steady hand, and administering the law courteously and yet firmly, and demeaning himself on the bench with the dignity of one who appreciates the na- ture and importance of his duties.

Judge Bagby of Rushville was an honored member of the bar of Schuyler County. He had served his district in the lower house of Con- gress, and had held other important offices. He was a man of the utmost integrity, of a kindly heart, and presided in court in a fatherly sort of way which won the affection of those who appeared before him.

Judge Bonney of Quincy had served the people of Adams County as state's attorney before he was elected circuit judge. He was a vigorous prosecutor. The characteristics of Judge Bon- ney at the bar followed him to the bench. He dispatched business rapidly. His style was to go at once to the merits of the controversy. His rulings were prompt and generally correct. After his term on the Circuit Bench had ex- pired in 1897, he removed to Chicago where he engaged successfully in the practice of law until his death.

Judge Orr of Pittsfield was a successful trial lawyer. Before attaining the bench, he had a large experience in the trial of cases in court. He was especially strong in the management of a criminal case, whether on the side of the people or the defendant. Upon the bench, Judge Orr was criticised sometimes as taking part in the trial, and not leaving the matter wholly in the hands of the lawyers, but this was regarded by many as a merit, and especially where the result attained was in the interests of justice.

A sketch of the life of Judge Scofield will be found elsewhere in this volume. Judge Scofield is the only living person, who was judge of any circuit, in which Hancock County was included, prior to the year 1897.

In 1897 the Legislature made changes in the circuits in view of the approaching June elec- tion of circuit judges. The constitution author- ized such changes to be made by the General

Assembly in session immediately prior to the election of the judges. In the 1897 re-arrange- ment Hancock was separated from Adams, Pike, Schuyler and Brown, and placed in a circuit, called the Ninth Judicial Circuit, in company with McDonough, Fulton, Knox, Warren and Henderson, which circuit has remained un- changed to the present time.

The old Sixth Circuit was strongly Demo- cratic, and the Ninth as thus constituted was strongly Republican. Judge Scofield was nomi- nated in the new circuit, but declined the can- didacy. The judges elected in the new circuit were John J. Glenn of Monmouth, George W. Thompson of Galesburg, and John A. Gray of Lewistown. In June, 1903, the three judges elected were Judge Thompson of Galesburg, Judge Gray of Lewistown, and Robert J. Grier of Monmouth. In 1909, Judges Thompson and Grier were re-elected, and Harry M. Waggoner was elected in place of Judge Gray, who was · not again a candidate. In 1915 Judges Thompson, Grier and Waggoner were re-elected.

Judge Glenn died on January 6, 1905. Before coming to the bench, Judge Glenn had been an active and successful practitioner in Warren and adjoining counties. During the closing years of his practice, he was in partnership with Kirkpatrick of Monmouth, one of the ablest lawyers of western Illinois. Judge Glenn was elected for the short term of two years in 1877, and served as circuit judge from that time until 1903, when he declined re-election. This was a period of twenty-six years, a long term of service, during which Judge Glenn had dis- charged his judicial duties with faithfulness and ability. He was held in great esteem by the lawyers practising before him, who felt assured that an adverse decision was the un- biased judgment of the court, without regard to the persons engaged in the cause, whether as attorneys or litigants. Judge Glenn served at one time on the Appellate Bench.

Judge Gray, who was on the bench in this circuit for twelve years, was highly developed along the line of executive ability, and dis- patched business with great energy. He was a just and fearless judge. He was particularly alert when a case of fraud was under investi- gation, for he loved right and justice, and it was his especial pleasure to participate in searching out fraud and wrongdoing, and in compelling reparation and restitution. Judge Gray removed from this state, soon after the

755

HISTORY OF HANCOCK COUNTY

expiration of his second term as circuit judge, and is now living at Los Angeles, California.

Judges Thompson, Grier and Waggoner are still living, and are the judges of the Circuit Court in this circuit at the present time. They are different in temperament, in manner of hold- ing court, in methods used in the dispatch of business, but they are men of unusual ability as judges, in whom the lawyers have confidence, and whose decisions are respected. It is gen- erally understood that no circuit in this state is favored with better circuit judges than ours. Judge Thompson served for many years on the appellate bench, and Judge Waggoner is now serving in that capacity.

EARLY LAWYERS

The following is a brief sketch of the Han- cock County Bar of early days as given by Mr. Gregg in his county history. As has been re- peatedly stated, Mr. Gregg was one of the early settlers of this county and edited a newspaper at Carthage about 1836, and his account of the lawyers of an early day is the best accessible authority on the subject.

"Among the members of the Bar of Hancock County may be counted a number who have acquired a wide and even national reputation. Not all of them have made the county their homes; but many, while residing in adjacent counties, have practiced more or less in our courts, and are therefore justly entitled to notice in these pages. Probably most conspicuous among them have been those from the older counties of Adams and Schuyler. Indeed, in the earlier days of our legal history, the Rush- ville and Quincy Bars supplied the only legal talent we had, we believe, with one exception, Robert R. Williams. If we mistake not, the county was without another attorney until 1834 or '35, when Mr. Little located at Carthage.

"In 1836, when the writer of this first knew the county, there were three attorneys at the county-seat, viz : Sidney H. Little, James W. Woods, and John T. Richardson ; and about that time Messrs. Calvin A. Warren and Isaac N. Morris were locating at Warsaw. We begin, then, with those who are gone from among us : "Robert R. Williams-A native of Kentucky, and brother to Wesley Williams, the first County Clerk, and to Hon. Archibald Williams, of Quincy. But little is known of Mr. Williams ; he died at an early day, and consequently his

acquaintance with the people was limited. He settled in the county about the date of organi- zation.

"Sidney H. Little-Was a Tennesseean by birth. But little is known of his early life. He came to Carthage about 1834 or '35, and began the practice of law, and soon took rank among the able young attorneys who frequented this Bar from abroad. Mr. Little was a man of decided talent, a good speaker, a clear rea- soner and affable and urbane in his intercourse with the people. In a word, he was popular, and in the election of 1838 was chosen by the Whigs and elected to the State Senate. In this body he took a leading position as an active working member. With Secretary Douglas, he took a leading part in obtaining for the Mor- mons their celebrated charters in the Legisla- ture charters which, gotten up in haste and without due consideration, contained powers and conferred privileges the application and use of which could never have been anticipated by him. Mr. Little's tragic death, by being thrown from his buggy by a runaway horse, occurred on the 10th of July, 1841 .-

"James W. Woods-This gentleman remained in the county only a year or so-long enough to acquire citizenship and run for the Legis- lature in 1836, and, although so confident of election as to bet freely on it, came out hind- most of four candidates, with a score of eighteen votes. This result disgusted him with the county and he left it for Iowa Territory, where in time he became a lawyer of some prominence.

"John T. Richardson-Only remained one summer in the county-that of 1836-when he went further west. He was a genial, good sort of a fellow, with no special talent for the law. Of his nativity or after career, we know nothing.

"Isaac Newton Morris-This gentleman's death occurred at Quincy, October 29, 1879. The press notices thereof furnish the following : 'He was the son of Hon. Thomas Morris, of Ohio, long a Free-Soil Senator in Congress ; was born in Clermont County, Ohio, January 22, 1812, came to Illinois in 1835 and settled in Warsaw

in 1836. A few years afterward, having mar- ried a Miss Robbins, of Quincy, he removed to that city, where he continued to reside till his death, engaged chiefly in the practice of the law. Mr. Morris was a strong Democrat in politics, was twice elected to Congress in this district, in 1856 and in 1858, and always made an industrious and active member. He held

756

HISTORY OF HANCOCK COUNTY

other offices of honor and trust, both under state and national authority. The Carthage Garette says of him : 'Col. Morris was a man of strong character. He possessed fine nautral ability, / was a good speaker, was full of vim, a warm friend, and a bitter, unrelenting enemy.'

"Louis Masquerier-We had almost forgotten the learned, the eccentric, communistic Mas- querier. French in his origin, he had imbibed the theories of the French philosophy, and came . West to disseminate them, and practice law. In this list he met with indifferent success; in the other, had he lived on another planet where human nature was not in the ascendant (if there be such a one) he might have succeeded better. He was a theorist only ; had no prac- tical ability with which to buffet the world's selfishness. He had resided in Quincy; in 1836 he was in Carthage, but soon went back to New York.

"Thomas Ford-He was a prosecuting attor- ney for the circuit in the early years of the county. As such there are few who remember him. He attended Court here only a few times, often enough, as he states in his History of Illinois, to conclude that the people here were a 'hard set.' Mr. Asbury, of Quincy, speaks of him thus kindly : 'All agree that Tom Ford was a bright, conscientious and just man. In 1833, when the cholera was raging in Quincy, he was here and stood his ground and helped the sick, like a man.'

"William A. Richardson-Why he was always. called 'Dick' Richardson we never knew. He re- sided at Rushville, and had considerable prac- tice in this county. Like his friend Douglas, Col. Richardson was best known as a politician. He was at one time prosecuting attorney for this circuit. He was not distinguished as a mere lawyer, though his sturdy, hard sense and experience, rather than study, made him suc- cessful. As an officer in the Mexican War he was brave and acquired distinction. After his return home it was that he became famous, not only in his district but in the House of Repre- sentatives and the Senate at Washington, as a politician. He was born in Kentucky, and died in Quincy on December 27, 1875.

"Archibald Williams-This 'Nestor of the Bar' in the Military Tract was a Kentuckian, and settled in Quincy as early as 1825 or '26, where he continued to reside and practice his pro- fession many years, acquiring a very high repu- tation. He had not an extensive practice in

this county, but was often called to take part in cases of great magnitude; and his manage- ment was always such as to gain him a wider and more enduring fame. He was not an orator, in the common acceptation of the term; but his direct, plain and earnest reasoning always made an impression on a court or jury. He talked to convince; never aimed at rhetoric, or de- scended to vulgarity or abuse. He served for a short period as U. S. Attorney for the District of Illinois, and was appointed by his friend President Lincoln, Judge of the U. S. District Court in Kansas. He died September 21, 1863 (we believe in Kansas), and his remains sleep in Woodland cemetery, in the city he had so long made his home, and where he had estab- lished an enduring fame.

"Charles Gilman-Mr. Gilman was 'better known as a law-reporter than as a lawyer, had a good education, fine literary taste and acquire- ments, and industrious habits. His reports have become standard publications. His prac- tice was limited in this county, but as a partner with Mr. Sharp, for a period, he became some- what known to our citizens. He was from Maine, resided, and died in Quincy (of cholera ), about the year 1848."

(Editor : Mr. Gilman was the reporter of five volumes of the Illinois Supreme Court decisions, beginning with the December Term, 1844, and ending with the June Term, 1849. These volumes are cited by his name, abbreviated, as 1 Gilm., 2 Gilm., etc. In the order of the Illinois Re- ports from the beginning, these volumes are VI to X, inclusive. When Mr. Gilman died about one-fifth of the last volume of Gilman's Reports had not "gone to press," and the publication of this part of the volume was superintended by Charles B. Lawrence, a prominent lawyer of Quincy, afterwards one of the justices of the Supreme Court. Mr. Gregg is mistaken as to the time of Mr. Gilman's death. He died on Tuesday, July 24, 1849. See proceedings of Quincy bar as published in 5 Gilm., under the title "Obituary.")

"Edward D. Baker-A resident of Springfield and a compatriot with Murray McConnell, John C. Calhoun, the Edwardses, Abraham Lincoln and others, and possessed finally of a national fame, 'Ned Baker,' may be classed as belonging to our Bar. His appearance at our Courts was not frequent; yet when he did appear, the oc- casion was sure to be an important one. Mr. Baker may justly be ranked as among the

757

HISTORY OF HANCOCK COUNTY

finest orators the country has produced. His speeches made in the Carthage courthouse have been among the ablest and most impressive ever made there. He possessed all the natural gifts of an orator, an easy flow of language, a good imagination, an attractive and graceful manner and an earnest honesty of purpose. He went in command of a regiment to the Mexican War, and achieved distinction at Cerro Gordo, re- moved thence to the Pacific coast, where he be- came a U. S. Senator from Oregon. In the Senate he stood high as a statesman and an orator. He resigned to take a position in the Union army, and laid down his life for his adopted country at Ball's Bluff. Gen. Baker was by birth an Englishman, and was raised in Adams County, Illinois.

"Nehemiah Bushnell-Of the many attorneys who have practiced at the Hancock Bar, no one has gone to the Bar beyond, leaving a brighter fame and a purer reputation, perhaps, than Nehe- miah Bushnell. To Mr. Henry Asbury's 'Sketches of Bench and Bar,' reference to which has been heretofore made, are we indebted for a por- tion of what follows, in regard to Mr. Bushnell. He came to Quincy in 1837, and entered into a law partnership with Mr. Browning, which was only terminated by the death of the former. He was a New Englander, a graduate of Yale College and a highly educated and finished gentleman. Mr. Bushnell was fond of books, was one of the best read men in the State and had accumulated a most valuable library. 'Per- haps Illinois never held a more modest and as- suming really great man than Bushnell; and perhaps few, if any, really intellectually stronger men than he.' Mr. Bushnell was a very pleasant speaker, though not what the world calls an orator. His manner was grace- ful, dignified and earnest. 'It has been alleged that he was too exhaustive and diffuse in argu- ment, and in the production of his authorities.' This is true, and it was nearly the only fault. that could be found with the matter or manner of his addresses to Court or jury. 'Perhaps no two lawyers ever lived better suited as law part- ners than Browning and Bushnell ;' and we state but a well-known fact when we add that, per- haps, no partner was ever remembered with a kindlier feeling. Mr. Bushnell was an active worker in behalf of the Quincy & Galesburg Railroad, the city of Bushnell, on said road, being named in his honor.

"Cyrus Walker-For ability as a lawyer, and

for persistence and force in the prosecution of a case, there were no superiors at the Hancock Bar to Cyrus Walker. He had been a success- ful practitioner in Kentucky, and was a man of middle age when he settled at Macomb. He had a good deal of practice in the 'hard' cases, ' not only in this, but in other counties in the Circuit and out of it. 'He was very strong in criminal cases, both on the side of the people, and in the defense. When Cyrus Walker was thoroughly aroused, and in dead earnest, with a determination to win the verdict from the jury, he was as terrible as an army with ban- ners.'

"William Elliott-Was a citizen of Fulton County, and was prosecuting attorney here for some eight years, embracing the period of our Mormon difficulties. He was regarded as a lawyer of medium ability, but not an eloquent orator. In the celebrated trials growing out of Mormon affairs, he usually had associated with him in the prosecution lawyers of more decided repu- tation. He afterward served as quartermaster in a volunteer regiment in the Mexican War, and died at home soon after the war was over.

"George C. Dixon-Was a Quincy lawyer who sometimes-not often-practiced at our court. He was from New York, where he had previ- ously practiced ; was a well-educated and well- read lawyer, and withal a good speaker, though he never became popular with our people. He removed to Keokuk, Iowa, where he died some years ago.

"Robert S. Blackwell-Genial ‘Bob Black- well,' admired and esteemed by all who knew him. Residing in Rushville, he was a frequent practitioner at our bar. Urbane, companion- able, witty, lively, generous, he soon gained a position among our lawyers, and might have made-did make-a shining light in our midst. Some of his speeches, while prosecuting attor- ney, it is remembered, were among the ablest ever made in our court, and compared favorably with those of his opponents, among whom we may name Browning, Walker and others. Mr. Blackwell was evidently a rising man when he left our courts and settled in Chicago, in a broader field of usefulness, where he died sev- eral years ago. Mr. Blackwell had a most re- markable memory, was always ready with his authorities, quoting book and page with the greatest facility.

"Jackson Grimshaw-Of Pike, afterward of Quincy, was for many years well known in our

758

HISTORY OF HANCOCK COUNTY

county and had considerable practice at our bar. He was always regarded as a strong law- yer and able to cope with the best. Mr. Asbury says of him: 'Mr. Grimshaw possessed an ac- tive, perceptive and vigorous mind, was well grounded in the law, and was pre-eminently strong before a jury in any and every case where an analysis of the testimony and motives of witnesses might be brought into view. A prevaricating witness or a mean defendant had to suffer from his terrible denunciations. Mr. Grimshaw would not pander to a mean prejudice in court or jury, and his most scathing com- ments and denunciations only fell where he felt that the right, the honor and the virtue of the case was on the side he represented.' But Mr. Grimshaw was, perhaps, best known to our people as a stump orator, having been on sev- eral occasions before the people of the district in that capacity, either as a candidate or a volunteer in aid of his party.

"Almeron Wheat-Was a Quincy attorney, an able lawyer, who years ago had considerable practice in this county. Whether still living we are unable to state. The same may be said of-

"N. Johnson-Excepting that he died a num- ber of years ago. Mr. Johnson was an active member of the 'Peace Committee of 100' from Quincy, during the last Mormon troubles, and through his influence and skill probably the destruction of much life and property was averted.

"William H. Roosevelt-Was a scion of a rich family in New York City. He settled in War- saw about 1836 or '37, and acquired large in- terests there. His practice at the bar was merely nominal, being better known as a poli- tician, a trader and land speculator. He was intimately identified with the interests of War- saw, and labored hard to advance her pros- perity. He was genial, good-natured, high- minded and held many honorable positions. He was several times a candidate for the Legis- lature, and was elected to that position in 1858. His death occurred soon after the commence- ment of the Rebellion.

"Malcolm McGregor-Was a New Yorker, who came to Warsaw about the same time with Mr. Roosevelt ; was also a Democratic politician ; was a candidate for the Legislature in 1840, but defeated by Doctor Charles. In 1839 he had been elected to the office of Probate Judge; was afterward appointed by the county commission-

ers to the responsible position of school com- missioner, and died while holding the office.

"Thomas Morrison-This gentleman was a Tennesseean, and settled in Warsaw about the year 1842 or 1843; afterward resided in Car- thage. He was a good lawyer, though he never obtained a large practice. He was a politician of the Whig school, and was elected to the Legislature in 1846. His death occurred not long afterward.

"Messrs. Roosevelt, McGregor and Morrison were brothers-in-law-married to the Misses Wells, sisters of James M. Wells, one of the Warsaw proprietors.

"Henry Stephens-Was a New Yorker, and is said to have read law in the office of Millard Fillmore. He settled in Warsaw about 1840, and arose to the rank of brigadier-general in the militia. General Stephens was not an able lawyer, neither was he an orator, yet by his industry, energy and methodical habits, he at- tained to considerable practice.

"Sterling P. Delano-Was raised in Hancock County in the vicinity of Warsaw. He studied with Browning and Bushnell, of Quincy, and entered into practice in that city with Messrs. Buckley and Macy. He enlisted in the army, and was elected captain of a company of cavalry. He was unfortunately wounded by a pistol ball accidentally discharged in the hands of his first lieutenant, Catlin, which lodged in the spine and proved fatal. He died at his home in Quincy after months of extreme suffer- ing. Mr. Delano's career as a lawyer was short but honorable. He was greatly esteemed by the inembers of the bar, and died regretted. We are not aware that he had practice at the Han- cock Bar, but as a Hancock boy this notice is due to his memory.

"Of the Hancock attorneys now living away, we can recall the names of Jason H. Sherman, Jacob C. Davis, William C. Wagley, N. W. Bliss, George W. Batchelder, and Robt. W. Mckinney.

"Of old attorneys, non-residents of the county, and who formerly practiced at this bar, we mention Hon. Orville H. Browning, Hon. James W. Singleton and Calvin A. Warren, Esq., all of Quincy, and all now venerable in age. And we must not omit to mention the younger at- torney, who though a Quincy man and a citizen there, is a native of Hancock County-Gen. Elisha B. Hamilton.

759

HISTORY OF HANCOCK COUNTY

OTHER ATTORNEYS OF NOTE

It is a difficult task to present a list of all attorneys who have lived or practiced in Han- cock County from the organization of the coun- ty to the present time. Some were admitted to the bar while living here but soon afterwards moved to other counties or states and their names have been forgotten and these may be unintentionally omitted in any enumeration made. It is difficult for one at this day to make an absolutely complete list of the attorneys of an early day, for one must depend upon sketches and notices in newspapers and an examination of the records and on the recollection of a few aged persons now living and on tradition, and even with the most careful research some names may be omitted.

The editor has a copy of the Warsaw Com- mereial Journal, being No. 4 of Vol. 3, dated March 12, 1853, in which appear the cards of some of the Hancock County attorneys of that day, as follows :

A. S. Rosecrans, Warsaw, Illinois, office on Main Street, opposite Kolatzky's store.

Grover & True, a firm composed of William N. Grover and Joseph M. True, office, one door west of the post-office, Warsaw, Illinois.

J. Sibley, attorney at law and master in chan- cery, office, Main Street, Nauvoo, Illinois. (This was Joseph Sibley, who was elected judge of the circuit court in June, 1855.)

Bryant T. Scofield, office, Carthage, Illinois. Mack & Scofield, a firm composed of David Mack and Charles R. Scofield, office, Carthage, Illinois. (Later the two Scofield brothers and Mr. Mack became partners in the practice of the law.)

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

Historical encyclopedia of Illinois and history of Hancock County, Volume II, Part 23

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