USA > Illinois > Macoupin County > History of Macoupin County, Illinois > Part 18
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Judge Brown was a native of Kentucky, a man of culture and agreeable manners, and at this time not more than twenty-five years of age.
The next in order of mention was Jesse B. Thomas, who held only a few terms of court here. John Pearson presided for him one term. Judge Thomas was a large and fine-looking man of polished bearing. It was a treat to a young lawyer to hear him deliver the opinion of the court. On one occasion when the judge was at chambers, and his presence was required at the court-room, the sheriff went to the door, and in his loudest voice called : " Jesse B. Thomas!" and concluded by saying : " Come into court." When the judge had taken his seat on the bench, he called the sheriff before him, and said : "Mr. Sheriff, the next time you want the judge in court, come after him." At a subsequent term of court, the same gentleman, not then being sheriff, was serving on the petit jury, and after the jury had been out awhile, and not agreeing upon a verdict, they concluded to sign and return instead of a verdict the following paper: " We the jury agree to disagree." The judge read it, and inquired if that was their verdict. When they all affirmed it, the judge turned to the clerk, and said : "Enter a fine of 85 against each of these jurors for contempt."
William Thomas, of Jacksonville, succeeded Jesse B. Thomas. He was a man of great gravity of manner and of few words, which he aimed right at the point in hand. A Kentuckian by birth and education, he was one of the first settlers in Jacksonville, and before and after his term on the bench was one of the leading members of the bar. He was and is a man of great integrity and trustworthiness. He retired from the bench in 1840 to make place for Samuel D. Lockwood, who has received due mention at our hands.
David M. Woodson of Carrollton, in 1848, was elected over the late Mur- ray McConnell, and held the office for eighteen years. He was a man of magnetism and great personal popularity. and long before his elevation to the bench had been known as "Honest Mead. Woodson," and he deserved it as much as any member of the profession. During one term of court in 1851, O. C. Skinner presided for Judge Woodson
He was followed by Edward Y. Rice, a native of Kentucky. He studied law under John M. Palmer, and was elected judge in 1857. He was a very able jurist, and his opinions were very sound.
Then succeeded H. M. Vandeveer, of Taylorville, in 1870, and, in 1873, Charles S. Zane, of Springfield.
In 1877 the legislature passed a law establishing an appellate court, en- larging the circuits and providing for the election of three judges for each circuit. Wm. R. Welch was elected for the short term. The judges then were Vandeveer, Zane and Welch. At the election in 1879, Wm. R. Welch, of Carlinville, and Charles S. Zane were re-elected, while Judge Vandeveer was succeeded by General Jesse J. Phillips, of Hillsboro.
Wm. R. Welch is a man of great popularity and genuine worth. . He was born in 1828, and in 1851 graduated at the law-school of Transylvania Uni- versity in 1851, and practised his profession very successfully for some years thereafter at Nicholasville, Kentucky. An able and conscientious judge, he has the respect and esteem of the bar and of his fellow-citizens.
STATE AND PROSECUTING ATTORNEYS.
George Farquer-a half brother of Governor Ford-attorney-general, filled the office of state's attorney in 1830, 1831, 1832. E. D. Baker served for him in 1830 and 1831.
John J. Hardin, 1833 and 1834. Baker appeared for him at the April term, 1833.
Stephen A. Douglas, 1835 and 1836.
Jesse B. Thomas, 1837 and 1838. S. A. Douglas appeared for him at September term, 1837, and April term, 1838.
In 1839 and 1840, D. M. Woodson held the office.
John S. Greathouse, in 1841 and 1842.
John Evans, in 1843 and 1844.
C. H. Goodrich, in 1845 and 1846. Wm. Weer served in his stead for a time.
Henry Dusenberry, in 1847 and 1848.
C. H. Goodrich, in 1849 and 1852.
Cyrus Epler, in 1853 and 1856.
James B. White, from 1857 to 1864 inclusive.
C. M. Morrison, 1865 to 1869.
Horace Gwin, 1870 to 1872.
S. T. Corn, from 1873 to the present time.
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HISTORY OF MACOUPIN COUNTY, ILLINOIS.
THE BAR-NON-RESIDENT LAWYERS.
Years ago, owing to the almost entire absence of litigation, attorneys found it necessary, if they would gain a support from their practice, to travel with the court from one county seat to another. "There were giants in those days." In an early period, Abraham Lincoln, "the world's most illustrious son," and Stephen A. Douglas, both destined to be life-long political opponents, and to great and enduring fame, came here a few times in the practice of the law. Douglas at one time was states' attorney of the district.
Here, too, was heard on more than one occasion, the surpassingly eloquent voice of E. D. Baker, who commanded a regiment in the war with Mexico, who was a United States Senator from Oregon, and who fell in his country's service at Ball's Bluff, early in the great war. Then also came U. F. Linder, witty and eloquent, of wide reputation in criminal law and politics. John J. Hardin, prominent in law and political circles, also practised his profession here. He was a colonel in the Mexican war and fell on the field of Buena Vista.
Seth T. Sawyer, of Alton, a good lawyer; Charles D. Hodges, of Carroll- ton, of fine personal appearance, a solid and pains-taking attorney ; Josiah Lamborn, a very able criminal lawyer, at one time states' attorney, and, in the estimation of lawyers who conducted a criminal's defence, a very dan- gerous prosecutor; Benj. S. Edwards, of Sangamon, of great legal reputa- tion; James Turney, of Carrollton, a very able man and renowned in criminal law; Josephus Hewitt, of the same town, a fine orator and a good lawyer and Christian minister; Robert Doyle, also from Green county, of unpretending appearance, but a fine speaker and good advocate; John M. Krum, now in St. Louis; Joseph Gillespie, of Edwardsville, prominent in the history of the state; Murray McConnel, one of the old settlers of Morgan county, an energetic and good lawyer, who was killed in his office in Jack- sonville; the aged Alfred Cowles, of Alton, and Adam W. Cavarly, all visited Carlinville professionally many years ago.
Among the prominent lawyers who at a later period practiced here, may be noticed the following : James A. McDougal, who went west and became a United States Senator from California; William Ferguson, a brilliant young man, who was killed in a duel in California; General John A. McClernand, the distinguished lawyer of Springfield; Martin B. Minor, of Jerseyville, an unobtrusive man and a good lawyer: James Davis, not so well educated as his compeers, but polished in demeanor and a successful criminal lawyer; Clark H. Goodrich, states' attorney, and John Evans.
FORMER RESIDENT-LAWYERS.
Major Palemon H. Winchester must be regarded as the Nestor of the Macoupin county bar, as he was the first lawyer to open an office in Carlin- ville. He was born in 1794, either in Virginia or Tennessee. He was a man of very fine natural abilities, but was possessed of only a fair educa- tion. If his competitor made a blunder in conducting a law case the Major would detect it as with the eye of an eagle. To increase his income he obtained the appointment of Judge of Probate (made by the legislature) which office he held for several years. If he had turned his attention to politics he might have been successful, for he had the qualities that gain the hearts of the people. They knew him and loved him, and would have delighted to serve and honor him. He died in Carlinville in 1860, at the age of sixty-six years, leaving behind him no enemy. He was the friend of all, and served his friends to the extent of his ability.
John S. Greathouse was a Kentucky lawyer, about the same age as Major Winchester, and began practice at Carlinville not long after him. He was a fair lawyer and forcible speaker, and of course divided the business with the Major. He, after some years of residence in town, moved out upon his farm, which is now owned by Judge Loomis. He gave his attention to farming and money-making. For a time he was circuit attorney. In 1843, he removed to Kentucky, where he died. His practice was extensive and his services sought after.
The third attorney, was Isaac Hendershot, a native of this state, and who lived at Staunton before coming to Carlinville. When he was candidate, in 1836, for the legislature, he published a circular in which he set forth his exploits in Mexico (not in the war), and how he had returned home hungry and literally naked.
Old Simeon Francis, then edited the Sangamon Journal, and for the sake of a little fun at Hendershot's expense, published the circular, and headed it with a cut of Hendershot riding naked on a Mexican pony. The carica-
ture excited the wrath of the candidate for office, who replied to Francis in a bitter communication, and closed it with an epitaph for old Sim, when he should die. It ran thus :
" Old Sim, here he lies, Nobody laughs, nobody cries ; Where he's gone and how he fares Nobody knows, nobody cares."
He attended the spring term of the court in 1836, and then went to Iowa. He said before he left, that he would be promoted or be hanged. It is not known that he ever attained either distinction, although he killed a man in Iowa. He was a sui generis. He had talent and energy, and knew the law, but he did not know men, and for that reason may have failed in his profession. His penmanship was beautiful, and his briefs were written with scrupulous exactness.
John A. Chesnut-to whom the publishers of this history are under obli- gations for most of the biographical sketches, and incidents of the early judges and attorneys in this chapter-came from Kentucky when about 21 years of age, and entered the law office of Maj. Winchester in 1856. He had a common-school education, and a fair knowledge of Latin. After read- ing diligently, such elementary works on law as were in his preceptor's library, he went to Vandalia, and at the December term of the Supreme Court, in 1837, was admitted to the bar. He was taken into partnership by Maj. Winchester, which was continued for two years, after which he un- dertook to go alone. He soon gained a fair share of the legal business of this county, and extended his business into adjoining counties. After John M. Palmer, Esq., came into the profession, he and Mr. Chesnut, for a good many years, divided a large part of the business between them. They found hard work, but pay was small, and they, like most of the lawyers of the day, prompted by ambition, engaged a little in politics and from a love of lucre sought office. To what pitch of eminence Mr. Chesnut might have attained in his profession, had he not left it in 1855 to engage in other lucrative pur- suits, can never be known. He became wealthy, but the disasters to busi- ness occurring in 1873, and again in 1878, swept away his accumulations, and he is now entering anew upon his profession at Springfield. He was four times elected clerk of the County Court, and held the office twelve years. Mr. Chesnut is an able lawyer, and his oratorical abilities are of a very high order.
In the spring of 1837, David A. Smith, a young man of 33, came to settle in Carlinville, from Huntsville, Alabama. His father had emanci- pated his slaves, and Mr. Smith had settled them in Macoupin, which gave great offence to part of the population, and secuted for him the epithet of " abolitionist," the worst that could be applied to a man in that day. He was a good lawyer, and quite as successful as any other at the bar. He had the respect and confidence of the court ; but jurors sometimes allowed them- selves to be prejudiced by their hatred of him as an abolitionist, and re- turned verdicts against him, rather than his client. In such cases the court would equalize things by granting a new trial. In practice, he was irre- pressible. If he undertook a case, he went to the bottom of it, and never gave up until the last means were exhausted that promised success. In person, he was stout and stocky, and for this and his vigorous prosecution of everything he undertook, his enemies called him " Bully Smith."
He was a fine shot with a pistol, and it was said, he could bring down a deer with his rifle-pistol at a distance of 200 yards. On one occasion, as he was going from his office to his dwelling in the twilight, two or more of his enemies followed, whispering loud enough for him to hear, " Bully Smith." He thereupon drew his rifle-pistol, and turning upon them said : "Gentlemen, do you want anything with me?" To which they replied, " Nothing at all, Mr. Smith-nothing at all." He was never personally insulted afterwards. Mr. S., always wore broad standing collars, and a faultless bosom. He was a strict observer of the Sabbath. He was a lawyer to be trusted, and his clients always felt sure that their interests would be faithfully attended to. He was liberal, and yet grew rich. In 1840 he moved to Jacksonville, where he died on July 12th, 1865.
John M. Palmer is now about 61 years of age, and so eminent in his pro- fession that he needs no words of praise from our feeble pen. His career, civil and military, stamps him great, and of him Macoupin county is proud as her most distinguished son. While in other pursuits he applied himself to the study of the law. In the spring of 1839, he came to Carlinville, and entered the law office of John S. Greathouse. After a few months of close
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HISTORY OF MACOUPIN COUNTY, ILLINOIS.
application he was admitted to the bar. It soon became evident, that he was a young man of good thought and an increasing knowledge of the law. He soon became very successful as a trial lawyer. And his great success in his profession, and his national reputation as a lawyer, have been secured in no small degree by that means. A sound thinker, learned in the law, and powerful in argument as, indeed, he is, there may be others who equal him in these respects, but few there are who rival him in the management of causes. It is not worth while to say more of this celebrated lawyer. Complete biographies of him have been published in the New York Sun and other papers, and the history of his early struggles and subsequent suc- cesses is familiar to all.
John W. Bainbridge, a Kentuckian, was for some years master in Chancery. He was a farmer and a lawyer. He had no office in town, but sometimes took a hand in the trial of cases. He started to California, but died on the way.
Wm. Weer was a liberally educated young man, and a graduate of McKendree College. He was studious, and possessed a fine logical and legal mind. To the arts of personal popularity he paid little attention, and was very decided in his convictions. He was for a time, prosecuting attorney, and no one before him had filled the office so ably. He was also for a time county judge, and was a very capable administrator of the law. He was eloquent in a high degree. He left Carlinville, and practiced his profession for a time in St. Louis. During the war, he was colonel of a Kansas regi- ment. He has been some years dead.
Thomas Jayne had been some years probate justice, and afterward read law and spent some years in the profession, but he began too late to rise to eminence. He had, however, some good qualities as a lawyer.
In the year 1843, Edward L. Rice, Lerry Palmer and William P. Ches- nut were all law students in Carlinville, and all, soon after, became members of the profession. Finding the field too limited, they sought other places. Mr. Palmer went as a volunteer to the Mexican war, and soon after his return emigrated to Iowa where he has since been in successful practice.
Mr. Chesnut, in 1846, went to Jerseyville, and entered into a good practice. He made many friends, and died in 1849, beloved and regretted.
Robert Foster, a man of great eccentricity and much self-appreciation, was at once doctor, preacher and lawyer. He never got into a good practice here.
John A. Lauderdale, a young man of promise, about this time (1856) came from Tennessee, and established himself at the county seat. He had practiced his profession but a few years, when he was prematurely cut off by death. The same year that brought Mr. Lauderdale, saw the arrival of Horace Givin, a very excellent lawyer, and naturally gifted for his profes- sion. But he, too, was destined to an early grave, and in Sept. 1858, he died.
James W. Langley and John S. Wolfe, now residents of Champaign, studied law in Carlinville with John M. Palmer. Both commanded regi- ments in the Union army during the war, and both have attained good prominence at the law.
James Lee studied law in Carlinville. He moved to Carrollton, and there made a good start in his profession ; but he died young.
George W. Hamilton, a prominent man, exemplary citizen and safe law- yer, was an honored member of this bar from 1860 until his death, in 1876, in Carlinville. Many friends mourned sincerely his decease.
George Hunter opened his law-office here in 1861, and was regarded by his brethren as an honest and fair lawyer. He died in the fall of 1878.
In 1866 John N. McMillan, a young man not showy or brilliant, but a fairly well-qualified lawyer, opened an office in the county-seat. He made steady growth in his profession, but died in the winter of 1874-5.
Restorus C. Smalley became a member of the bar of Macoupin county in 1867. He was a safe, pains-taking lawyer. His death occurred in 1876.
From 1872 till 1876 J. S. Wells, a young man of fair attainments, prac- ticed at this bar.
Others who have been in practice here are Joseph P. Messick, now prac- ticing in east St. Louis, who was here in 1871, and Thomas F. Stephens.
PRESENT MEMBERS OF THE BAR.
In all ages lawyers have formed a distinguished and influential class of men, and much of the liberty we enjoy is owing to their efforts.
In speaking of the members of the Macoupin county bar, it is necessary to be somewhat brief. Undiscriminating praise and fulsome adulation would be out of place when speaking of the living, and are not craved by refined
and scholarly men. It is not too much to say, however, that the bar of this county may be contemplated with pride by its citizens. It comprises young men of ability and ambition, before whom looms up a future rich in promise and bright with hope, and men of mature years, who have won high standing in a difficult and honorable profession, and whose careers furnish incentives to action for those who are to follow them.
Hon. S. S. Gilbert, a native of Massachusetts, the oldest practicing attorney, came to Illinois in 1835. He was for five years a student at Shurtliff Col- lege, and afterwards studied law with John A. Chesnut in Carlinville. He was admitted in 1850, and was taken into partnership by his preceptor. Afterward he formed a partnership with Thomas Jayne, and in 1857 with John I. Rinaker, which continued for five years. He has filled the offices of county judge and master in chancery. He was chosen by the people to represent them in the twenty-ninth general assembly. Mr. Gilbert is a man of unquestioned integrity, and is a good, sound and careful lawyer. He has always been found faithful to public and private trusts, and has the respect of his fellow-members of the bar and the esteem of his fellow-citizens.
Gen. John I. Rinaker .- This distinguished citizen of Illinois was born in Maryland. He came to this county, and began the study of law under the tuition and direction of John M. Palmer in 1852, and in 1854 received his license to practice. Since that year he has followed his profession here, except during the war, when he was absent in the service of his country. General Rinaker is a man of irreproachable character, an orator of great talents and reputation, and a lawyer of eminent ability.
Samuel Pitman in 1854 began the practice of the law. He also studied in the office of J. M. Palmer. For ten years after his admission he was associated with Mr. Palmer as partner. From 1865 to '70 he was not en- gaged in practice. From the latter date until '72 he was in partnership with John Mayo Palmer. Mr. Pitman is of a social disposition, and is a good lawyer.
Hon. C. A. Walker studied in the office of Gilbert and Rinaker, and be- came a member of the legal profession in 1858, and has continuously prac- ticed here since. He has attained high rank in his profession, and has a large and lucrative practice. He stands among the first, and enjoys that success which follows a man of good native powers when he studiously and persistently applies himself to a pursuit. He is a forcible speaker and an excellent lawyer.
Asa Potter, Esq., of Brighton, read law two years in the office of Judge Thayer, of Wyoming county, N. Y. He then in 1857 came to this state, and engaged in teaching until 1860, when, under the tuition of Gilbert & Rinaker, he further pursued the study of law. In February, 1862, he ob- tained a license to practice, and since that time-with the exception of a year and a half when he was in Green county-he has practiced with good success in this county. He is a good citizen, and a safe and careful lawyer.
J. G. Koester, a native of Germany, became a resident of Macoupin county in 1858. He began the study of law in St. Louis, but completed his prepa- ration for practice with Mr. Pitman in Carlinville, and in 1862 he was admitted. Mr. Koester is a good lawyer, guarding zealously the interests of his clients. He stands well in the estimation of his fellow-lawyers.
S. Thompson Corn, the present able public prosecutor of Macoupin county, was graduated. in 1860, from Princeton (N. J.) College. He studied law in the office of Wm. R. Welch in Kentucky, and in 1863 began to practice his chosen calling. He became a member of the bar of this county in 1866, and in 1872 was chosen to fill the office of prosecuting attorney. In so satisfac- tory a manner did he discharge its important duties, that he was re-elected in 1876. In November, 1878, he formed a partnership with Robert B. Shirley. Mr. Corn is a graceful and eloquent speaker, and is considered a good lawyer by the bar.
Judge Lewis P. Peebles, the efficient and popular county judge, is a native of Macoupin county. He read law with Wm. A. Grimshaw of Pittsfield for a time, and afterwards in the office of Wm. R. Welch. He was admitted to the bar in 1867. In 1873 he was elected county judge, and so well did he fill the office and administer the laws, that in 1877 he was re-elected with- out opposition. Judge Peebles is a social, pleasant gentleman, a clear-headed judge of law, and an accurate, safe and successful lawyer.
Balfour Cowen, of Virden, began the study of law immediately after being mustered out of the service in 1865. He studied at home, and on April 5th, 1867, was licensed to practice. His preference is for chancery practice. He has a good practice; is attentive, reliable and energetic. He is held in high esteem.
Archelaus N. Yancey has been in practice at Bunker Hill since 1867. A
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HISTORY OF MACOUPIN COUNTY, ILLINOIS.
native of Virginia, when twelve years of age, he moved with his parents to Kentucky. He was a student at Dartmouth College, New Hampshire, in 1863-4 and 64-5. In the fall of the latter year he entered the law depart- ment of the Michigan University, and was graduated in 1867. He has at- tained a prominent position in his profession. He is strong in argument, at once forcible and eloquent in delivery, and possesses in high degree the ele- ments for a successful criminal lawyer. He has been largely engaged in civil practice.
E. W. Hayes, also of Bunker Hill, was born in Pennsylvania. He was prepared for college at Shippensburg, then entered Lafayette College at Eas- ton, and in 1858 he completed the course of study and received his diploma. After enlistment in the army of the union, from which failing health compelled him to retire, he studied law in the office of R. P. McClure, of Shippensburg, and, in 1865, he was admitted. He first opened an office in Ralls county, Missouri, but in the spring of 1867 he became a resident of Bunker Hill, and a member of this bar. Among his professional brethren he is known as a skillful and cautious lawyer, and the carefulness and promptness with which he devotes his attention to legal business entrusted to him has secured him remunerative and large practice.
Mr. M. Duncan, of Girard, is a native of Virginia. He settled in this county in 1860. He read law with George W. Hamilton in 1867 and 1868 at the county seat. In February (16th), 1869, he was admitted to practice in Carlinville. The next year he removed to Girard, where he has since pursued his calling. He has filled the office of justice of the peace for six years. Mr. Duncan is a pains-taking and good lawyer.
F. H. Chapman, of the firm of Palmer & Chapman, was born in Macou- pin county in 1828, and has resided here all his life. He has been elected to the offices of county superintendent of schools and county surveyor, and possesses the confidence of the people. He attended college at Hillsboro and studied law under Gov. Palmer before the war, in which he served with distinction. On his return home he continued the study of law, and in June of 1869 he became a member of the bar. He is a man of quick perception, and great activity, a good thinker, energetic and successful in practice.
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