USA > Illinois > Madison County > History of Madison County, Illinois With biographical sketches > Part 46
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183
HISTORY OF MADISON COUNTY, ILLINOIS.
Governor Edwards, and in 1814 opened a law office at Ca- hokia in St. Clair county. On the admission of the state in 1818, he was elected one of the associate Justices of the Supreme Court of Illinois by the general assembly, which then held its session at Kaskaskia. In 183), he was made Governor of Illinois, and in 1834 was elected to Congress. He was seven years in Congress, and in 1846 was elected to the general assembly of Illinois, becoming speaker of the House. He was always a staunch adherent of the principles of the democratic party, and during the late civil war mani- fested a deep sympathy with the South. He was a plain, blunt man, without any of the social refinements character- istie of the more modern bench. He died at Belleville in 1865.
SAMUEL MCROBERTS was born April 12th, 1790, in what is now Monroe county, Illinois. IFe received au English education only, from a private tutor. At the age of twenty he was appointed circuit clerk of Monroe county. Two years later he entered. the law department of Transylvania University, at Lexington, Kentucky, and graduated after three full courses of leetures. In 1824, he was at the age of twenty-five, elected by the legislature in the second eireuit, one of the five eircuit judges of the state. On the 12th of January, 1827, the act providing for the appointment of cireuit judges was repealed, and the office of circuit judge then ceased to exist. Ou all political questions, he was, while on the beuch, strongly partisan. In defiance of a release by the Legislature, he assessed a fine against Gov. Coles for settling his emancipated slaves in Madison county without giving a bond that they should not become a public charge. In 1828, he was elected state senator; in 1830, was appointed United States District Attorney for the state; in 1832, receiver of public moneys at the Danville land office ; in 1839, receiver of the General Land Office at Washington. He was elected United States Senator, Deeem- ber 16th, 1840. On his route home from Washington, he died at Cineinnati, March 220, 1843.
Judge McRoberts was succeeded in this eirtuit by THEO- PHILUS W. SMITH, who was Supreme judge of Illinois, from 1825 to 1842. He was a native of New York, and was regard- ed as one of the most talented of the Supreme judges of his time. Many of his decisions are found in Scammon's Supreme Court Reports, and they compare favorably with the opinions of any of the judges. He was the presiding judge of this circuit from 1827 to 1835. At the request of Judge Smith, JUDGE SAMUEL D. LOCKWOOD presided at the Juue terms of 1829 and 1831. He was born in New York, and came to Illinois in 1818. In 1821 he was elected attorney-general of the state. He was successively secretary of state, reeciver at the land offiee in Edwardsville, and was elected Supreme judge in 1825, and retained his office till 1848. Ile died at his home in Batavia, Illinois, in 1874.
JUDGE THOMAS FORD presided in the Madison circuit court at the March term, 1845. He was a native of l'enu- sylvania. In 1829, Gov. Reynolds appointed him prosecu- ting attorney. In 1831, he was re-appointed. Afterwards he was four times elected judge by the Legislature ; twice circuit judge ; judge of Chicago, and associate judge of the
Supreme Court. IIe was subsequently elected Governor, and died at Peoria, in 1850.
In 1835 SIDNEY BRELSE was appointed Circuit Judge of this eircuit. This eminent Judge and statesman was born in Oneida Co., N. Y., July 15, 1800. At the carly age of fourteen he entered Hamilton College. In 1516 he was transferred to Union College where, in 1818, he graduated, third in a class of 64. He soon removed to Illinois, and en_ tered the law office of his old friend and school-fellow, Elias Kent Kane. In 1820, he was admitted to the bar, and commenced his professional career at Brownsville, Illinois, where he was so unsuccessful in conducting a case before a jury that he determined to abandon the prac- tice of law forever. He returned to his profession, however, and iu 1822, was appointed attorney of the second circuit, which positiou he filled for five years with honor. In 1831, he compiled Breese's Report of the Supreme Court deci- sions, the first law book in the state. In the Black Hawk war he served as Lieut Col., in 1835, was elected judge of the second circuit and in 1811 was chosen one of the su- preme judges of the state. The next year he was elected to the U. S Senate. At the expiration of his term, he was elected to the Legislature, and was made Speaker of the House. Iu 1857, he was again eleeted circuit judge, and two years later was again elected circuit judge, and two years later was agaiu called to the Supreme beneh, in which position having been chief justice two terms, he remained till his death, which took place on the 28th of June, 1878, at his home in Carlyle, Illinois. In 1843, JUDGE JAMES SEM- PLE, who was then one of the judges of the Supreme Court, held the May term of the Madison Circuit Court. He had previously been Brigade General in the Black Hawk war, two terms speaker of the house, minister to " Bogota," and cir- euit judge. Soon afterwards he was appointed U. S. Sena- tor. He died at his residence near Elsah, Ill., in 1866.
JAMES SHIELDS, whose remarkable career has been the subject of wide comment, was born in Ireland, and was elected one of the Supreme Judges of Illinois in 1843. From October of that year until May 1845, he held the eireuit in Madison county. He was U. S. Senator from Illinois, Min- nesota and Missouri On June 1st, 1879, he died at Ot- tumwa, Iowa.
GUSTAVUS KOERNER is a native of Germany where he commenced the practice of law, and in 1833 emigrated to the United States. He was admitted to the bar of Illinois in 1835. In 1845 he was elected judge of the Supreme Court. He retained his position till 1849, during which time he per- formed the duties of circuit judge in the Madison county circuit court. In 1852 he was elected Lieut-Gov. During the Rebellion he served on the staff's of Gens. Fremont and Halleck. He has been houored with other high positions, and is still living in a serene and houored old age at Belle- ville, Illinois.
By agreement with Judge Koerner, Judge JOHN CATON presided in the Madison circuit court at the May term, 1846. Judge Caton came from New York to Chicago, when the latter was but a village in a swamp, and commeneed the practice of law there under the most adverse circumstances.
184
HISTORY OF MADISON COUNTY, ILLINOIS.
In 1842, when only thirty years of age, he was appointed by Gov. Carlin, judge of the supreme court. He was repeatedly elected to the same position until 1864, when he resigned his seat upon the bench, having served nearly twenty-two years in that capacity. He has by successful business ventures be- come very wealthy He has also traveled over a large part of Europe, and now in vigorous old age, enjoys the reward of his labors. The circuit court of the circuit comprising Madison county, was held six years and a half from 1848 to 1855, by JUDGE W.M. H. UNDERWOOD, who was a native of New York. In 1840 he removed to Belleville. IIe was elected and re-elected State's attorney, member of the legis- lature, and in 1848 circuit judge ; he was afterwards for two ternis a member of the State Senate, and was a delegate to the constitutional convention of 1870. He is also author of the highly valuable work, "Underwood's Construed and Annotated Statutes of Illinois."
In 1857, after Joseph Breese had ceased to perform the duties of circuit judge, the HON. WM. H. SNYDER, of Belle- ville, Ill., was elected circuit judge of the twenty-fourth cir- cuit, serving till June, 1861. In 1870 he was elected dele- gate to the Constitutional convention of Illinois. He had previously been for two terms a member of the Legislature. In 1873, he was again elected circuit court judge, and still holds that position.
The HON. JOSEPH GILLESPIE was born in the city of New York, and at the age of ten years removed to Edwards. ville. He was admitted to the bar in 1837. In 1836 he was elected probate judge, and in 1840, was a member of the lower House of the Legislature, and subsequently was a men- ber of the State Senate for a period of eight years. In 1861 he was elected circuit judge of the twenty-fourth judical dis- triet, comprising the counties of Bond, St. Clair and Madison. He served on this circuit for twelve years. He is still re- siding in Edwardsville, crowned with the honorable and af- fectionate regards of all that know him.
On the 16th of June, 1879, GEO. W. WALL, of Du Quoin, was elected one of the judges of the third judicial circuit, embracing Madisou Co. Joseph Wall is a native of Chillic.)- the, Ohio. He graduated from Michigan University iu 1858, and was admitted to practice in Illinois in 1859. He was for many years attorney for the Illinois Central R. R. ; was a delegate to the Constitutional convention of 1862. In 1864 he was elected State's Attorney for the third judicial dis trict, in 1868 he was a delegate to the Democratic National Convention and also the Constitutional Convention of 1870, aud in 1872 was a Democratic candidate for Congress. He is an able and impartial judge.
JUDGE AMOS WATTS was born in St. Clair county, in 1825. His early education was obtained under a private tutor, who gave him instruction in the evening after the day's work on the farm bad been done. This was all the educa- tion he ever received with the aid of a teacher. In 1847, he was elected county clerk of Washington county, and was twice re-elected. In 1854, he was admitted to the bar. He was elected State's attorney in 1857, and in 1860 was re- elected. From 1866 to 1-73 he was an assiduous student of the law. In 1873 he was elected judge of the United States
circuit, and has shown himself' a learned and accomplished jurist.
TIIE BAR. Non-resident Lawyers.
Madison county has always had so many resident attor- neys that those from other counties have never had very extensive practice in her courts. However, by a thorough examination of the court records and considerable question- ing of old residents, the names of quite a number who oc- casionally practiced at the bar of this county have been obtained. Several of those menti med below are known to have been residents of other counties; the others were either non-residents or were simply admitted to practice here.
Among the former, were WILLIAM MEARS, a native of Ireland, who appeared as an attorney at the Madison county courts at an early day. He came from Pennsylvania to Cahokia, and was the third lawyer at that place, JOHN RICE JONES, being the first, iu 1790 ; and ISAAC DARNIELLE, the second, in 1794. In 1814, Gov. EDWARDS appointed MEARS attorney-general of Illinois Territory. He had some knowledge of law, and made a fair living at his prac- tice. He died in 1826, at Belleville, whither he had gone on the removal of the county seat of St. Clair county from Cahokia to that place.
ALEXANDER P. FIELD. a nephew of Nathaniel Pope, lived at Vandalia, but practiced in the courts of this county at an early day. He was a Kentuckian by birth, and was originally a Jackson Democrat, but became a Whig. He was a man of strong feeling, and was very ultra in the avowal of his political sentiments; was an able politician and a good stump speaker, but owing to his being on the weak side could not attain the distinction to which his merits entitled him. During the ten years he resided at St. Louis, whither he had gone on leaving Vandalia, he became
eminent as a criminal lawyer. Just before the opening of the Rebellion, he removed to New Orleans, and lived there for a number of years, although during the war he was often in danger of losing his life on account of his being an outspoken Union man. He held the office of Attorney- general for the State of Louisiana, and claimed to have been elected to Congress from the New Orleans district, but, on account of some irregularities in election matters, was not allowed to take his seat.
WILLIAM H. BISSELL was born in 1811 at New York, and therc, after acquiring a good common education, studied medieine. After removing to Monroe county, Ill., he prac- ticed a few years ; but having no liking for the profession he had chosen, he abandoned it for the law, for which he had a great faney. In a very short time he was admitted to the bar, and was soon thereafter appointed prosecuting attorney. As a prosecutor he was so successful that it soon came to be considered a hopeless task to defend where he was the oppos- ing counsel. He served in the Mexican war, as a colonel, and evinced a very high order of military talent. After the war, he served two terms in Congress; and, in 1856, was elected Governor of Illinois on the Republican ticket. He
185
HISTORY OF MADISON COUNTY, ILLINOIS.
died March 18, 1860, ten months before his term of office expired. The following sketch is given in the language of Judge Joseph Gillespie, to whom we are indebted for much of the early history of the bar :
" BENJAMIN MILLS was a son of an eminent Presbyterian divine in Massachusetts, but was not very godly himself. He was gifted with a wonderfully retentive memory and had a happy faculty of extricating himself from difficulties and embarrassing positions whatever their nature might be. When a boy, he was required to copy all his father's sermous, and they were stamped upon his memory. When quite a young man Ben, with a young companion by the name of Waite, a famons singer, started west. They ran out of money in the neighborhood of Richmond, Va. ; and, in order to raise the amount necessary to carry them on their journey, Ben gave ont that they were missionaries going to Illinois. Ben was requested to preach in Richmond. He, with great unction, delivered one of his father's best sermons, which accompa- nied by Waite's singing, took Richmond by storm. Their exchequer was soon replenished, and Ben and Waite went on their way rejoicing. Ben settled in Greenville, Bond county, established a law office there, and was elected justice of the peace. At that time the law of Illinois authorized a J. P. to impose a fine of one dollar upon any one guilty of using profane language in his presence, but the fine might be remitted on the production of evidence of deep contrition on the part of the offender. Ben and one Squire Enlow were discoursing one day, and Ben indulged in some pro- fanity. After a few minutes' absence, Ben rejoined Enlow, when the latter said: "Squire, you know it is my duty to impose a fine upon you for swearing." Ben said : "Brother Eulow, I'm a little ahead of you. I've been to my office, and entered a fine against myself, and am now considering the propriety of remitting it."
Mr. Mills was one of the most witty and brilliant orators ever known in this part of the state. . He made a famous speech at Vandalia against Theophilus W. Smith, during the impeachment trial of that gentleman ; and with the at- torney-general, Alfred Cowles, prosecuted P. H. Winchester for the killing of Daniel D. Smith,-Felix Grundy, the eminent criminal lawyer of Tennessee, being attorney for the defense.
Mr. Mills moved to Galena and was nominated for Con- gress on the whig ticket for the northern district of Illinois, but was defeated at the election by Wm. L. May.
JOHN S. GREATHOUSE was one of the lawyers who, in past years, came from Carlinville to attend cases in the Madison county courts He was a forcible speaker and a good lawyer. While in this state he had an extensive prac- tice, and his services were always iu good demand. In 1843 he removed to Kentucky, where he resided until the time of his death in 1860.
GUSTAVUS KOERNER, of Belleville, ex-lieutenant-gover- nor, has at times been engaged as counsel at the Madison county bar, and is a lawyer of considerable ability. A great deal of his time has been spent in public offices, but when not so engaged he has given his attention to his profession.
Sketches of the lives of James Semple, Samuel D. Lock-
wood, and Samuel MeRoberts, will be found in the article on The Bench.
The names of the following persons are found on the re- cords of the courts of this county, but they never figured conspicuously in law circles, and we have been unable to obtain data of their lives with the exception of the year in which the names were recorded : John Cook and Edward Hempstead (1816); Thomas Reynolds (1817); La Fayette Collins, Robert Farris (1819) ; Nicolas Hinson (1820) ; Alfred W. Calvary, David Blackwell ( 1822) ; Duff Green (1825); Gustavus Bird, Joshua T. Bradley (1828) ; Wm. Winchell (1829) ; Theodore N. W. Narcik (time unknown ) ; Aaron Woodman (1833) ; L. M. Olden and John M. Stan- ton (time unknown)
FORMER RESIDENT LAWYERS.
NINIAN EDWARDS was born in Montgomery Co., Maryland, in 1775. His parents being wealthy, he was enabled to get pri- vate instructions, and up to the time of his entering college, was the pupil of Rev. Mr. Hunt. When only nineteen years old, he left college without completing his course and went to Kentucky. He was a young man of firm mind. great energy, and rare intellectual gifts, and fast rose to prominent public positions, becoming at a very early age Attorney-General of Kentucky. At theage of twenty-eight, he was appointed Chief Justice of the High Court of Appeal. He held that office till Chief Justice Byle of Kentucky was appointed first Governor of Illinois Territory, in 1809. Mr. Edwards preferred to be Governor of Illinois; Mr. Boyle, to be Chief Justice of Kentucky. All parties being pleased with the exchange of appointments, President Madi- son sent Edwards out as the first Governor of Illinois Terri- tory. Ile held this office till 1818, when he was elected to the U. S. Senate. At the end of his term as Senator, he was re-elected. In 1812, Gov. Edwards established, by procla- mation, the counties of Madison, Pope, Johnson and Galla- tin. Edwards county and Edwardsville were named in his honor.
While serving as U. S. Senator, he was appointed Minister to Mexico, by President Monroe. In 1826, he was elected Governor of Illinois, and, after serving his term of office, remained at Belleville till his death, July 20, 1833.
JAMES W. WHITNEY, familiarly known as " Lord Coke," came from Providence, R. I., in 181I, and settled at Upper Alton. He practiced law in Madison county till about 1830, when he removed to Quincy, Illinois. He died some ten years ago at an advanced age, in Pike county, Illinois. He was a man of remarkable memory, a law library in himself, hence his title of " Lord Coke." He always wore a cuc. During the sessions of the Legislature he was always chosen Speaker of the "Legislative Lobby," the "Third House," which was an assembly of citizens and legislator for the dis- cussion of public questions. Whitney lacked application, so that notwithstanding his admitted ability, he never attained a leading position in his profession.
HENRY STARR came from the east and settled at Edwards- ville about 1818. He remained here till 1827 or 1828,
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186
HISTORY OF MADISON COUNTY, ILLINOIS.
when he removed to C'ineinnati, Ohio. He was a profound lawyer, and rose to distinction in his profession.
In 1820, CHESTER ASHLEY opened a law office in Ed- wardsville. He was a man of stylish dress, and, in this re- spect, he was distinguished as theonly man in these parts that wore knee breeches and white top boots. He was a brilliant man and a profound lawyer. In later years he moved to Arkansas, from which state he was elected to the U. S. Senate.
JESSE B. THOMAS settled at Edwardsville about the year 1840, and remained here in the practice of law some six or eight years. He then moved to Springfield, and thence to Chicago. Mr. Thomas was a man of fine personal appear- ance and commanding presence, and his legal attainments were of the highest order.
For a short time Gov. THOMAS FORD was a member of the Madison bar. This was about the year 1830. While here he married a Miss Hambaugh. He was a very able man and a good lawyer.
GEO. T. M. DAVIS removed from the state of New York to Illinois in 1832. He was a good lawyer, and for several years had an extensive practice. He remained in Alton till 1846, when he became private secretary to Gen. Shields, on whose staff he continued throughout the Mexican war. Soon after the close of the war he became associate editor of the Louisville Journal, then edited by the celebrated George D. Prentice. Davis was a man of versatile talents and a very fluent writer. From Louisville he went to the city of New York and became interested in the Goodyear Rubber Com- pany. He still lives in that city, and has accumulated a magnificent fortune. IIe has three grandchildren now re- siding at Alton.
About the year 1832, WILLIAM MARTIN came from Utica, New York, and made his home in Alton. He studied law with George T. M. Davis, and commenced practice in Alton in 1833. He was a man of great professional industry, and was an able lawyer. He continued to practice here till his death, which occurred in March, 1855. He was for several years judge of the municipal court of Alton.
In 1834, JOHN M. KRUM removed from New York to Il- linois, and, on his arrival at Alton, formed a partnership with Geo. T. M. Davis for the practice of law. Hle was a well-read and skillful lawyer. During his residence in Alton he dissolved partnership with Davis, and was for some time a partner of Alfred Cowles. He was the first mayor of Al- ton. In 1834 he removed to St. Louis. After his removal to St. Louis he was elected circuit judge, and afterwards becane mayor of that city. He is still a resident of St. Louis.
HENRY F. SEDGWICK came from Albany, New York. to Alton, about 1834. After practicing here for a short time, he returned to New York.
J. RUSSELL BULLOCK was born in Rhode Island, and re- moved to Alton about 1835. He was an excellent lawyer. He practiced in Alton till 1840, when he returned to Rhode Island and became a judge of the supreme court. While in Alton he was partner of Edward Keating. Judge Bullock is still living in Rhode Island.
EDWARD KEATING removed from Maine to Alton, Ill .. in 1835. He was a brilliant lawyer, and was for some time a partner of J. Russell Bullock. Subsequently, he entered into partnership with the distinguished lawyer, U. F. Linder. For a considerable period, he was financial agent for the Chicago and Alton R. R. Co's. During a business visit to New York, and while his family was residing in Alton, he died, March 10, 1857. Mr. Keating was a man of fine social qualities.
SAMUEL G. BAILEY, a native of New Hampshire, came to Alton, from Pennsylvania, in 1836. He was a fair lawyer and practiced in Alton until his death, which took place about 1846. But little is now known of an attorney by the name of WM. L. SLOSS who came to Upper Alton in 1836. He died in St. Louis.
WM. F D WOLF was born in Bristol, R. I., April 21, 1811. He completed a course of study in Brown Univer- sity, Providenee, R. I., received the degree of Master of Arts from that institution in 1831, and four years later had conferred on him the degree of Bachelor of Laws. He studied law with Hon. Theron Metcalf of Massachusetts, and afterwards with Hon. Thomas Burgess of Providence, and was admitted to the Rhode Island bar in 1834. He practiced law in partnership with Mr. Burgess till the fall of 1836 when he removed to Illinois and located at Alton.
Af er practicing at Alton eleven years he was elected (in 1847 ) to the Legislature as a member of the House. Soon after his first term as Representative, he moved to Chicago, where he now resides. He has served the city of his resi- dence as City Treasurer and Justice of the Peace, and now, at the age of seventy-one, has retired from active business.
JOHN W. CHICKRING, formerly a resident attorney of Alton, came to that place in 1835 from the East. In 1843 he removed to Chicago, where he still resides.
ALEXANDER M. JENKINS was born in one of the South- ern States, Kentucky most probably; but removed to Illinois and settled in Jackson county, where he married a Miss Brush, an Eastern lady. Jenkins was by trade a carpenter, but turning his attention somewhat to politics he was elected Lieutenant Governor of this State in 1834, which office he filled very creditably, and was afterwards appointed in 1836 to the office of Receiver of Public Moneys at Edwardsville, Illinois, which office he retained until 1838. During his residence here he studied law, and when he left returned to the Southern part of the State and became an excellent lawyer and was soon elevated to the bench, which place he filled very acceptably for many years. Gov. Jenkins was a remarkable man. He attained a respectable position in the legal profession solely by dint of his assiduity backed up by a large stock of natural ability and good common- sense. He had no extraneous aid whatever in climbing the hill of fame. His dependence was solely upon himself. His reputation was that of an honest lawyer and judge.
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