History of Madison County, Illinois With biographical sketches, Part 47

Author: Brink, W.R. & Co
Publication date: 1882
Publisher: Edwardsville, Ill. : W. R. Brink & co.
Number of Pages: 698


USA > Illinois > Madison County > History of Madison County, Illinois With biographical sketches > Part 47


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HENRY W. BILLINGS came from the East at a compara- tively early day and settled at Cairo, III., where he remained a few years and then removed to Monroe Co, Ill. About 1845 he established himself in the practice of law at Alton


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HISTORY OF MADISON COUNTY, ILLINOIS.


and continued to practice there till his death in 1872. IIe was a member of the constitutional convention of 1870 from the 16th district, composed of Madison and Bond counties. He was a very able and excellent speaker, and was greatly above the average and w.is able to compete on equal terms, with the most eminent of his profession in the state. He conducted his cases in the circuit court with great adroitness, and was not often excelled in the prepara- tion and management of business in the higher courts. Ile was in partnership while in Alton with Lewis B. Parsons, now of Clay county Illinois, and the firm was considered one of great strength and reliability. Billings was a man of remarkably engaging manners and splendid presence, and was exceedingly popular with both bar and people.


DAVID JEWETT BAKER was born at East Haddam, Conn , September 7th, 1792. He was the oldest son of Bayze and Johanna Baker. His maternal grandfather was Captain Miner, who commanded a vessel in the Revolutionary War ; and his paternal grandfather was a Revolutionary soldier who died in New York City while a British captain. His father removed to West Bloomfield, N. Y., in 1800, and set- tled on a farm. David had no taste for farm work, and e irly determined to go to college. He prepared bimself, and eutered the Sophomore class of Hamilton College, from which Institution he graduated in 1816. He decided upon the law as his profession, and for several years devoted his entire time and attention to fitting himself for the work -After being admitted to the Bar he removed to Illinois, the journey being made down the Ohio river in a flat-boat as far as Shawneetown, thenee on horseback, to Kaskaskia, then the capital and largest town in the State. He entered upon the practice of his profession, but did not use it as a stepping- stone to political preferment. He was made Judge of the probate court of Randolph county, aud held the office for several years. In 1829 he was appointed United States Senator from Illinois by Governor Edwards. While in Congress he successfully carried through the measure for dis- posing of publie lands in traets of forty aeres, making a great change in the old laws of the disposition of lands, and one that greatly benefited settlers. In 1833 he was ap- pointed United States Attorney for Illinois by president Jackson, and was re-appointed in 1837 by president Vau Bu- ren. In 1843 he ran for Judge of the Supreme court of Illinois, but was defeated by Judge Lyman Trumbull. Judge Baker was one of the earliest and leading Republicans in the state. He was with Owen Lovejoy and others in 1854 when the party was organized. He was a bitter and unrelenting advocate of the prohibition of slavery. When it was attempted to introduce the iniquitous traffic in this state he turned his whole power against it. For his bokt utterances he was attacked in the streets of Kaskaskia hy Gov. Reynolds of Missouri. The marks of the bludgeon used by Gov. Reynolds on Judge Baker's head were carried by him to his dying day. As a lawyer he was distinguished and eminent, and a majority of the important eases in the Supreme court reports up to the time of his retirement from the profession will be found to be connected with his name. In 1844 on account of the wonderful overflow of the Mississippi


River, he removed to Alton, where he continued the practice of his profession until the year 1854 when he retired from its active duties and devoted the remainder of his days in beautifying and ornamenting his home in Middletown. Judge Baker was married twice. His first wife was Miss Sarah Tenney Fairchild, of Geneva, N. Y. She died May 4th, 1859. He was united to his second wife, Miss Elizabeth Swanwick, of Chester, Ill +.


Judge Baker died at Alton, on the 6th of August, 1869, at the age of 77 years. At the January term of 1870 of the Supreme court, resolutions were placed upon the record of the court commemorative of Judge Baker. Chief Justice Breese, who had known Judge Baker from boyhood, in closing his remarks upon the resolutions said : " In a few words he was a ripe scholar, a genial gentleman, a faithful friend, a true patriot and a Christian, and well worthy of the honors this day done to his memory."


DANIEL KERR was in former years a practicing attorney of Edwardsville. He is of Scotch descent, and possesses the industry and thrift that are characteristic of the Scotch people. He married a daughter of John Estabrook, an old aud wealthy citizen of Madison county, and, some years ago, removed to western lowa. Mr. Kerr is a well read lawyer, of good promise ; is attentive to his business and faithful to his clients. JOHN FITCH, who lived at Edwards- ville a number of years ago, wasa lawyer, but never figured extensively in the courts. He was engaged as editor of a spirited newspaper about the beginning of the rebellion ; entered the military service of the United States ; wrote and published some very interesting reminiscences of the war; and, since peace was declared, has resided at Chicago.


LYMAN TRUMBULL, a former lawyer of Madison county, was originally from Connecticut. From his native state, he moved to Georgia, and theuce to Illinois, loeating at Belle- ville, where he practiced about ten years. Ile resided next at Alton, and while there, was appointed Secretary of State by Gov. Carliu. In 1848, he was appointed one of the Justices of the Supreme Court of Illinois, and held that position for a long term of years, and in 1858 was elected to Congress, but before taking his seat in the House was chosen United States Senator. Heis a very able and sue- cessful lawyer ; exceedingly diligent aud ambitious to win his cases; thoroughly versed in organic and statute law ; and when on the bench, was one of the most acute and dis- erimiuating judges.


LEWIS B. PARSONS is a member of the celebrated Par- sous family of Massachusetts. He emigrated somewhere about 1835 or '36, and settled in Alton, and soon became a member of the firm of Billings & Parsons. Ile had the reputation of being a very sound and industrious lawyer. His forte, however, consisted in his remarkable business ca- pac ties. At the breaking out of the war of the rebellion he was selected for commissary of subsistence of the west, and he discharged its multifarious and complicated duties with transcendent ability, and gained a world-wide reputa- tion. Since the close of the war he engaged extensively in farming in Clay county, Illinois, where we believe he now resides. Parsons when at the bar was always confided in,


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as an enterprising attentive, successful, and honorable member of the profession.


JOHN YORK SAWYER, came here from Vermont and set- tled in Edwardsville as early as 1817, and commenced prac- ticing law. He was very soon however, placed upon the circuit bench, which he occupied when he died. He mar- ried a Miss Ground of this county, who survived him, but by whom he never had any children. But little was known of him as a lawyer, though he was reputed to be a good judge.


JOHN G. CAMERON, was born in New York and removed to Edwardsville, where he opened a law office or rather occupied the office of James Semple. He was soon placed in the office of receiver of the land office, which he filled from 1845 till 1849, when he removed to the southern portion of Illinois, where he practiced his profession for some years, and then removed to and settled in St. Louis, Mo. He was the brother-in-law of Alexander M Jenkins, who held the office of register of the land office in Edwardsville for many years, and who removed or rather returned to southern Illinois and read law, and was elected to a judge- ship, which position he occupied we believe until his death. Cameron's practice was but slight here, owing to his soon engaging in political life, but he was considered by those who knew him intimately, to be a well-read lawyer. He died in St. Louis not many years since.


WILLIAM A. J. SPARKS, now member of Congress from the Carlyle district, was formerly a resident of Edwardsville. He is an Indianian by birth, and removed with his parents to Illinois in 1836. In early life, being dependent upon his own exertions, he labored on a farm, and at intervals attended the country schools. He afterwards taught school, and in 1820 graduated at McKendree College. Studied law with Judge Breese, and in 1851, was admitted to the bar, began practice at Carlyle, and in 1853 was appointed by President Pierce, United States land receiver for the Edwardsville, (Ill.) land office, and held the office until 1856. He has represented his district several times in Congress. Mr. Sparks is a ready speaker, fine debater and very popu- lar in his congressional district.


JOSEPH H. SLOSS, practiced for a time in partnership with Col. Rutherford. He was an easy, graceful speaker, and good lawyer. Mr. S. is a native of Florence, Alabama, where he received a good education. He left here about 1861, and went south, subsequently was elected to Congress from Alabama, and is now one of the prominent and well known men of that state, is a Republican and at present U. S. Marshall for the northern district of Alabama ; now a res- ident of Huntsville.


DAVID PRICKETT, was the son of Elisha Prickett, and brother of Absalom, Isaac, Jacob, John, George and Elisha Prickett, former residents and prominent citizens of Madi- son county, Ills. David studied law at an early day, and practiced in conjunction with Thomas Atwater with very good success. Atwater, however, soon removed to the northern part of the state, and David Prickett became judge of probate of this county, which office he filled until his re- moval to Springfield, where he married a Miss Lamb, a connection of the family of Thomas Mather, President of


the State Bank of Illinois. Prickett we believe withdrew from the profession, when he took up his residence in Spring- field. The firm of Prickett and Atwater was regarded as a reliable one. Prickett died in Springfield, leaving a widow and several children.


ALFRED COWLES, a native of Connecticut, on coming to Illinois settled first at Belleville, and removed thence, in 1839, to Alton. While serving as Attorney-general he and Benjamin Mills prosecuted P. H. Winchester for the kill- ing of Daniel D. Smith, a citizen of Pike county, Ill. In this celebrated case, which was tried at Edwardsville about 1824, Henry Starr, of Edwardsville, and that eminent crim- inal lawyer, Felix Grundy, of Tennessee, were attorneys for the defense. The trial, which was a battle of legal giants, resulted in the acquittal of Winchester. Mr. Cowles spent the last years of his life in Oregon. He was a man of acknowledged legal ability, and was considered a very safe and reliable lawyer.


FRANCIS B. MURDOCK was an attorney of Madison county for several years preceding 1841, at which time he removed to St. Louis. He afterward went to California, and there (lied. He was engaged in general practice and was called a good lawyer.


HORATIO BIGELOW came to Madison county in 1837, and began the practice of law. He was appointed assignee in bankruptcy for Madison county, when the county was laboring under financial embarrassment in the 40's. Mr. Bigelow removed to Boston some years ago, and still resides there.


DAVID H. BRIGHAM, formerly a resident of Alton, had a legal education and was admitted to the bar, but never devoted much time to practice. He engaged in speculations, and after living here a few years went to Iowa in 1850.


USHER F. LINDER lived in this county some three or four years; came about 1837. He was a very brilliant lawyer, and had a good practice. On leaving this county he went to Chicago, where he died a few years ago.


PALEMON H. WINCHESTER settled in Illinois about 1819 or 1820, and was united in marriage to a daughter of Col. Benjamin Stephenson, of Edwardsville. He practiced law here until his trial for the killing of Daniel D. Smith, in 1824, for which he was tried in this county and acquitted. He was a native of Tennessee, and was def nded by the celebrated Felix Grundy of that state. He lived here a few years after his trial and then removed to Macoupin county, in this state.


From 1835 to 1840, there lived at Edwardsville a young attorney, named JUNIUs HALL. He was an accomplished lawyer and had a fine practice for those times, but became discouraged, as it seemed to him that the West was making very slow progress, and returned to Boston, whence he had come only a few years before. He was a partner of NEWTON D. STRONG, a native of Connecticut, who removed to Easton, Pennsylvania, where he studied law with his brother, William Strong, late Justice of the Supreme Court of the United States. He came to Edwardsville about 1835, and while here he married a daughter of Hon. Cyrus Edwards. After his marriage he returned to Easton, and there engaged


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HISTORY OF MADISON COUNTY, ILLINOIS.


in the practice of his profession. Shortly after the death of his wife at Easton, he again came west and located at St. Louis, where he died Mr. Strong was a man of marked ability, a finished scholar, and as a lawyer had few equals. He once represented Madison county in the Illinois Legisla- ture ; his style of addressing the court was purely Websterian -never using a word too many nor a word too few.


FRANKLIN NILES, who was a young lawyer from Easton, Penna., came to Edwardsville about 1840 and opened an office with Judge Joseph Gillespie. He left his practice to engage in the Mexican war under Col. Doniphan, who after- wards became a general, but died at the commencement of the march at 110 mile creek. He was an exceltent lawyer, and was remarkable for the facility with which he could pre- pare his papers and for the accuracy of his pleadings. Had Mr. Niles lived he would have become, in all probability, an eminent lawyer.


W3. S. LINCOLN, a son of Gov. Levi Lincoln, of Massa- chusetts, lived in Alton from about 1835 to 1840. He had a fair share of the law practice in this county in those times, and had he remained would, perhaps, have become one of the leading lawyers of this section, but becoming discouraged by the hard times that set in here about 1840 he returned to his native state. His brother, John W. Lincoln, was a law- yer here about the same time, but never practiced much.


NELSON G. EDWARDS came with his father, Hon. Cyrus Edwards, to Illinois when a mere child. Having completed his literary education at Shurtleff' College, Upper Alton, III., he began the study of law under the supervision of his father. He was admitted to the bar when quite young, and formed a partnership with Levi Davis of Alton. He was a lawyer of good promise, and would no doubt have attained considerable prominence in his profession and in political jife as well, had he not died a few years after his admission to practice. He was a man of rare gifts, and was exceed- ingly popular and engaging in his manners ; was zealous and indefatigable, and had the entire confidence of the public for integrity and ability. Perhaps no other young man in this country made a more favorable and lasting impression upon acquaintances and friends than did Nelson G. Ed- wards.


ALEXANDER W. JONES, an eccentric man, but well edu- cated and a good lawyer, located in Madison county in 1836. He was appointed register of the land office at Edwards- ville about 1841 or 1842 by President Tyler, and died at that place some years afterward.


LAURESTEN ROBBINS, who resided at Alton from 1830 to 1846, prepared himself for practice under the direction of Hon. Seth. T. Sawyer of Alton ; as also did Foster Fletcher, who came to the county in 1842 and remained here till 1845, when he removed to Carrollton, Il Neither of these gen- tlemen practiced very extensively, and both went into the Mexican war and were killed at the battle of Buena Vista.


JAMES W. DAVIS, was a young man who was admitted to practice just before the beginning of the rebellion. lle en- listed in the Union army, served out his term of enlistment,


and returned to Alton, but soon went west and settled in the vicinity of Omaha, where he has since lived


JOSEPIE CONWAY was one of the early settlers of Illinois. He came from Kentucky to this state as early as 1812, per- haps earlier. When IIlinois became a state he was appoint- ed clerk of the circuit court for the county, and held that position till 1825. In 1828 he was elected to the state sen- ate from Madison county. At the close of his service as state senator, or shortly thereafter, he removed to Rock Island, Ill., and while residing there, fell from the upper to the lower deck of a steamboat, thereby sustaining injuries from which he died.


JOHN TRIBBLE came to Alton in 1852, opened a law office, and was engaged in the duties of his profession till the be- ginning of the late war, when he entered the Union army. While serving his country, he was so badly wounded that he was sent home to Alton, where he died of his injuries.


FRIEND S RUTHERFORD was a resident lawyer of Ed- wardsville, and afterwards of Alton, from 1856 till the opening of hostilities between the north and the south, when he enlisted and became colonel of an Illinois regiment. He served throughout the war as a soldier, and at its close came back to this county, where he died a few years later.


GEORGE T. BROWN, of Alton, who died some years ago , was an attorney, but he did not give his attention so much to Jaw as to politics, in which he played an important part in Madison and the adjoining counties.


B. F. LUCAS, who came from Pennsylvania, opened an office at Edwardsville in 1876, and after remaining about a year, removed to Missouri.


CHARLES NEWMAN, a native of Madison county, graduated from St. Louis Law School in 1874, was admitted to the bar in Illinois ; and after practicing a year, closed his office and engaged in farming.


CHARLES F. SPRINGER, a cousin of Wm. M. Springer, M. C. from Springfield district, was born in Sullivan county, Indiana, Aug. 10, 1834, and emigrated to Illinois in 1848. He graduated with honor at Asbury University, Greencas. tle, Ind., in 1858, and soon after completing his collegiate course began his legal education in the office of Judges David and Joseph Gillespie at Edwardsville. Upon his admission to the bar in 1859, he became the par'ner of Judge David Gillespie, and the remaining years of his life, with the ex- ception of intervals during which he was called to public duties, were devoted to his profession. Ife was a man of splendid presence and pleasing address, and at once con_ vinee ! those with whom he came in contact, of his sterling integrity. He was a profound thinker, a good lawyer, a shrewd politician, and was eminently gifted as a speaker. He was one of the prominent members of the Constitutional Convention of 1870. His death, which occurred November 15, 1870, filled with deep sorrow the hearts of his numerous friends and admirers.


FRANK W. BURNETT, a former resident attorney of Ed- wardsville, was born in Michigan in 1849. His literary education was acquired in the public schools of his native state and in Germany. He received his legal education at the University of Michigan, from which institution he gra-


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duated in 1873. In the same year he was examined and licensed to practice in Illinois, and soon after was admitted to partnership with Messrs. Dale and Burnett of Edwards- ville. Judge Dale withdrew from the firm iu 1876, on ac- count of his election to the office of county judge, leaving George B. and Frank W. Burnett to continue the business. In 1877 the brothers dissolved partnership, each establishing a law office for himself. After practicing alone for some months, Frank W. became a law partner of B. R. Bur- roughs. He was associated with Mr. Burroughs till 1881, when he removed to Springfield, Ills. He still remains at that place in the practice of his profession.


1


JUDGE DAVID GILLESPIE was born in Edwardsville, Sep- tember 30, 1828. In the absence of public schools at that early day, he received a rudimentary education in the pri- vate schools of his native town, and afterwards continued his studies for a time at Shurtleff College. While yet a lad, he entered the office of his uncle, Joseph Gillespie, and applied himself diligently to the study of law. He afterwards at- tended a course of law lectures at Cincinnati, Ohio, and on attaining his majority in 1849 was examined and admitted to practice in Illinois. He immediately became the law partner of his uncle Joseph, the style of the firm being J. & D. Gillespie. This partnership continued till 1861, when Joseph Gillespie was elected circuit judge, and David be- came the law partner of Charles F. Springer, with whom he was associated till the death of the latter in 1870. He prac- ticed by himself from 1870 to 1872, when he took Cyrus Happy into partnership with him. Mr. Happy was his partner till 1879, after which time and till his death, Aug. 1, 1881, he had an office by himself. The subject of this sketch was one of the noted lawyers of Ilinois, and was well worthy of the high reputation which he bore among the legal fraternity.


His eminent success as a lawyer was due chiefly to his wonderful powers of mental abstraction. While engaged in the consideration of questions, he seemed oblivious to everything else. He was a man of logical mind and of re- markably retentive memory. His devotion to the cause of his clients, of whom he always had a great number, was constant and untiring. He was a most conscientious attor- ney, never advising to bring suit unless fully satisfied of the justness of his cause. He was a large-hearted, generous min, bestowing benefactions upon the needy and the friend- less wherever he met them. His great professional ability was always at the command of the poor as well as of the rich ; and fees were of minor consideration to him in defend- ing the right or exposing the wrong. His wonderful power over a jury consisted, not in the ordinary method of appeal- ing to their sympathies, but in presenting the facts of his case with such sincerity and clearness as to produce convic- tion in the minds of all intelligent hearers. In his conduct of cases he made no attempt at oratorical display, but every sentence he spoke rang with true eloquence.


He was naturally averse to political life, and scorned the many petty schemes and intrigues by which men often rise to official position. Consequently he held no political office except that of county judge of Madison county, for


one term. Prior to his election, Madison county orders had always been at a discount, and consequently the medium of unjust speculation, greatly to the detriment of the county's credit ; but during his term of office he borrowed money on his own account, paid off the county orders, and brought them to par, where they have since remained, thereby saving large amounts of money to the county. Judge Gillespie was a man of the finest morals ; was very plain, and some- what careless in dress. He was 'exceedingly fond of his family. He was very fixed in his likes and dislikes, but was never disposed to antagonize anybody. Like Fabricius of old, he could not more easily be turned from honesty than the sun from its course. He was everybody's friend, but to the poor and unfortunate his sympathy and services were especially extended. His death, in the prime of his noble manhood, has left in the community a void that can not soon be filled.


PRESENT MEMBERS OF THE BAR.


SETH T. SAWYER is the oldest practicing lawyer in Madison county, and is one of the oldest active members of the profession in the State of Illinois. He was born on the 19th of August, 1806, at Reading, Windsor Co., Vt. His early education was obtained first in the common schools of his native state and in Chester Academy of Windsor county. In 1830, he commenced reading law in the office of Nathan Sawyer at Medina, Orleans Co., N. Y., and continued there till October 9, 1831, when he removed to Illinois, reaching Alton, October 29. He at once resumed the study of law in the office of Hon. James Semple, who was then practicing at Edwardsville. He remained in Judge Semple's office till the spring of 1432, when he was admitted to the bar and became a partner of his preceptor. He thus practiced till 1836, when the partnership dissolved and he removed to Alton, where he has, since that time, had an office. He has been a notary public for twenty years. In 1836, he was appointed State printer, rice his brother, John Sawyer, deceased. Since 1855, he has been U. S. Commissioner. Although engaged in a general practice he has been best known as a real estate lawyer. He has also had an extensive practice in the federal courts. His practice in this state has been mainly in the first, second and third judicial circuits. Mr Sawyer, notwithstanding his advanced years, still con- ducts cases in the courts with much of the vigor and energy of his younger days.




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