History of McDonough County, Illinois, together with sketches of the towns, villages and townships, educational, civil, military and political history; portraits of prominent individuals, and biographies of the representative citizens, Part 43

Author:
Publication date: 1885
Publisher: Springfield, Ill. : Continental Historical Co.
Number of Pages: 1150

USA > Illinois > McDonough County > History of McDonough County, Illinois, together with sketches of the towns, villages and townships, educational, civil, military and political history; portraits of prominent individuals, and biographies of the representative citizens > Part 43

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carry out their nefarious and dishonest designs, which are usually for the rapid accumulation of money, although at times for more evil and sinister purposes, and which are the instincts of naturally de- praved and vicious natures. None of the professions stand alone in being thus affected. All suffer alike. The most holy and sacred offices have been prosti- tuted to base uses. And it would be quite as reasonable to hold the entire medical fraternity in contempt for the malprac- tice and quackery of some of its unscru- pulous members, or the church, with its thousands of sincere and noble teachers

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HISTORY OF MCDONOUGH COUNTY.

and followers, in derision for the hypoc-" risy and deceit of the few, who simply use it as a cloak to conceal the intentions of . a rotten heart and corrupt nature, as to saddle upon a profession as great as either, the shortcomings of some of its individual members.

By a wise ordination of Providence, law and order govern everything in the vast and complex system of the universe. Law is everything-lawyers nothing. Law would still exist, though every one of its professors and teachers should perish from the face of the earth. And should such a thing occur, and a new race spring up, the first instinctive desire of its best men would be to bring order out of chaos by the enactment and promul- gation of wise and beneficial laws. Law in the abstract is as much a component part of our planet as are the elements, earth, air, fire and water. In a concrete sense, as applied to the government of races, nations and peoples, it plays al- most as important a part. Indeed, so grand is the science, and so noble are the objects sought to be accomplished through it, that it has inspired some of the best and greatest men of ancient and modern times to an investigation and study of its principles; and in the long line of great names handed down to us from the dim and shadowy portals of the past, quite as great men will be found enrolled as members of the legal profes- sion as any other, and owe their great- ness to a sound knowledge of the princi- ples of law, and a strict and impartial application of them. Draco, among the first and greatest of Athenian law-givers, was hailed by the people of that province as a deliverer, because of his enacting

laws and enforcing them, for the prevent- ing of vice and crime, and looking to the protection of the masses from oppression and lawlessness. It is true, that many of the penalties he attached to the viola- lation of the laws were severe and even barbarous, but this severity proceeded from an honorable nature, with an honest desire to improve the condition of his fellow man. Triptolemus, his contem- porary, proclaimed as laws: "Honor your parents, worship the Gods, hurt not animals." Solon, perhaps the wisest and greatest of all, a man of remarkable purity of life and noble impulses, whose moral character was so great and convic- tion as to the public good so strong, that he could and did refuse supreme and despotic power when thrust upon him, and thus replied to the sneers of his friends:

Nor wisdom's plan, nor deep laid policy, Can Solon boast. For, when its noble blessing Heaven poured into his lap, he spurned them from him.

Where were his sense and spirit, when inclosed He found the choicest prey, nor deigned to draw it?

Who to command fair Athens but one day Would not himself, with all his race, have fallen Contented on the morrow?

What is true of one nation or race in this particular is true of all, viz: that the wisest and greatest of law-makers and lawyers have always been pure and good- men, perhaps the most notable exceptions being Justinian and Tribonianus. Their great learning and wisdom enabled them to rear as their everlasting monuments the Pandects and the Justinian Code, which, however, they sadly defaced by the immoralities and excesses of their private lives. Among the revered of

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HISTORY OF MCDONOUGH COUNTY.

modern nations will be found, conspicu- ous for their great services to their fel- lows, innumerable lawyers. To the Frenchman the mention of the names of Tronchet, LeBrun, Portalis, Roederer and Thibaudeau, excites a thrill of pride for greatness and of gratitude for their goodness. What Englishman, or Amer- can, either, but that takes just pride in the splendid reputation and character of the long line of England's loyal lawyer sons? The Bacons, father and son, who, with Lord Burleigh, were selected by England's greatest queen to administer the affairs of state, and Somers, and Hard- wicke, Cowper, and Dunning, Eden, Blackstone, Coke, Stowell and Curran, who, with all the boldness of a giant and eloquence of Demosthenes, struck such vigorous blows against kingly tyranny and oppression; and Erskine and Mans- field, and a score of others.

These are the men who form the cri- terion by which the profession should be judged. And in our own country, have we not names among the dead as sacred, and among the living as dear? In the bright pages of the history of a country, founded for the sole benefit of the people, who, more than our lawyers, are recorded as assisting in its formation, preservation, and working for its per- petuity ?

The American will ever turn with es- pecial pride, to the great Daniel Web- ster, Henry Clay, Jo Daviess, Rufus Choate, William Wirt, Taney, Marshall, and hundreds of others, who reflected the greatest honor upon the profession in our own country. Among the truest and best sons of this state are her law- yers, and even in this county, some of

her most highly esteeemed and most re- sponsible citizens are members of this noble profession.

LAWYERS OF THE COUNTY.

The first resident lawyer to locate within the limits of McDonough county was undoubtedly William W. Chapman, who came to Macomb in 1832. He re- mained in the then little village some two or three years, when he took up his line of march westward, going to Flint Hills, as Burlington, Iowa, was then called. He was afterwards the first ter- ritorial delegate to congress from the newly organized territory of Iowa.

The next attorney to locate in tlie

county was Cyrus Walker. He was born in Rockbridge county, Virginia, May 14, 1791. He was taken, when an infant to Adair county, Kentucky, where he resided until 1833, when he removed to Macomb, McDonough county, Illi- nois, where he resided until the day of his death, whichi took place December 1, 1875, at the residence of Benjamin Simpson, in Scotland township. When the family first went from Virginia to Kentucky, settlers for 20 miles had to assist each other in house raising and log rolling, and for three years the father of Cyrus acted as a ranger, watching the movements of the Indians and warn- ing settlers of approaching trouble. His circuit embraced several hundred miles of wild, unsettled country, and he was compelled to live almost entirely on game, and camp out at night. Several of the uncles of Cyrus Walker were sol- diers in the revolutionary war. The old stocks were both Irish Presbyterians, all of them learned in the scriptures, and of

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stern, unyielding wills. Cyrus was mainly self-taught, there being no schools in that section of the country at that day, and from his admission to the bar he took high position as a lawyer. At that time, in that part of Kentucky, the lawyers traveled the circuit on horse- back, and were a merry mess. They were getting ready to attend the Burks- ville court when Billy Owens, a man of large ability, kind heart and a good law- yer, but rough and rather dissipated, saw that Walker was not with them, when he hunted him up, and inquired the reason, Walker told him that he had no money. Owens at once gave him $15, and Walker went along, and was so successful that he paid expenses and took home $37, a larger sum than he had ever at one time possessed; and as long as he remained in Kentucky, he was the leading lawyer of that county. Several years later, when Walker was at the head of the bar, Owens, being partially under the influence of liquor, made a bitter attack on Walker, during the trial of an important case, to which Walker made no reply, although at that day rather disposed to readily resent an in- sult. Some of his friends inquired the reason. Walker told them of the kind assistance of Owens when he so much needed help, and when it did him so much good; remarking that nothing Owens could say that did not affect his integrity would be resented by him. The next morning Owens made an apology to the court for his unjust remarks to Walker. Walker's motto through life was to never forget a friendship nor do injustice to any one. Mr. Walker was heard several times say that he regretted

the prosecution of the unfortunate young man that was tried, con- victed and hung for a murder commit- ted by him in Frederick, on the Illinois river. He always believed he could have saved the life of the young man if he had defended him; and while the case was an aggravated one, still Mr. Walker said that nothing could ever induce him to prosecute another man for murder, and he never did; but he defended and got clear a good many that deserved to be hung.

Mr. Walker removed to McDonough county, Illinois, in 1833, and lived there until his death. He never moved to Iowa, but he practiced there for several years. The partiality of Judge Douglas against him, as he believed, was the cause of his going to Iowa, and his large practice retained him there for several years. Mr. Walker had no taste for office. He served two terms in the Ken- tucky legislature during the great excite- ment between the "old court" and "new court," because he was the most popular man on the old court side in the county, and was forced by his friends in the con- test on their ticket, and carried the county by a majority of 222, when no other man on his side could have carried it. After the formation of congressional districts in Illinois, based on the census of 1840, the JoDaviess district was largely whig with the Mormon vote, but a debatable district, the Mormon vote going to the democrats. Nearly all the counties in the district had whigs who wanted to be candidates, but they were willing to give way to Mr. Walker, if he would only consent to be a candidate. Walker was then in Iowa; attending the

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HISTORY OF MCDONOUGH COUNTY.

courts, the last one being in Lee county, lasting several weeks. His trunk was full of letters from all parts of the dis- trict, urging him to allow the use of his name for congress. Amongst the letters were, at least two, from Joe Smith, and several from George Miller, then a Mor- mon bishop, but who had formerly lived at Macomb, and was, while there, a brother elder in the Presbyterian church with Mr. Walker. All these letters urged Mr. Walker to be a candidate to save the district for the whigs. Smith, in his letters, pledged the Mormon vote to Walker, if he would allow his name to be used, but would not agree to vote for any other whig. Mr. Walker had steadily refused to be a candidate, until he felt that his duty to the noble whig party required him to make the sacri- fice; but when he entered into the con- test, he was terribly in earnest and went into the fight with a will. It was well understood by Walker and his friends, that the democracy would not give up the Mormon vote without a great effort. One of the Backinstose's was sheriff, and the other clerk of the Hancock circuit court, and Douglas was a · candidate for congress in the Adams district.

Mr. Walker went to Nauvoo. The next morning he called on Joe Jmith, and told him that he released him from the pledges to give him the Mormon vote, but in turn asked honest dealing, tell- ing Smith that if it was necessary for their (the Mormons) safety from arrest by the state authorities that he should vote for Hoge, that he would tell him so, and in that event he would at once go to Galena, and spend the balance of time before the election in the northern part

of the district. Joe said, with great ve- hemence: "I promised you the support of this church, and you shall have it. You stay here and meet Hoge on Thurs- day." Mr. Walker was worn out in the canvass, and not well, and he stopped with Joe. The joint discussion between the candidates took place, and every- thing indicated that Mr. Walker would get the united vote of the church. On Saturday the voters of the church, in city and county, were called together in the grove near the temple, where Hiram Smith made a speech of about one hour, urging the voters to vote for Hoge. It was a regular democratic speech, and appeared to have no influence. He was followed by Wilson Law in a bold, tell- ing, whig speech in favor of Walker, and from the commencement until the end, he was cheered by the entire Mor- mon audience. At the close of the speech, Hiram arose, black and furious, stretching himself to his full height, and extending his arm its full length, said: "Thus saith the Lord, if this people vote against Hoge for congress on Monday, a greater curse would befall them than befell them in Missouri. When God speaks, let men obey," and immediately left the stand; the whole audience dis- persed in silence. When Walker heard of Hiram's speech he was indignant, and was for leaving Joe's house, but Joe stopped him, professing to be fur- iously mad at Hiram, saying that he would himself make a speech to the peo- ple on Sunday morning, and he again repeated the pledge that Mr. Walker should have the Mormon vote. The next morning Joe did speak to the peo- ple just one hour, and no hour's speech

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ever had closer attention. In that speech Joe passed the highest eulogy on Walker that was ever heard from man. He denounced politicians-declaring that Walker was not a politician, but an honest and a true man, that had been forced to be a candidate against his will. He denounced in the most bitter terms any member of the church who would consult the Lord about who they should vote for, and declared that if any one should do it, he should be cut off from salvation; said that he would vote for his friend Cyrus Walker, and commanded all to vote for the man of their choice without reference to what any one said; but in his hour's praise of Walker, and denunciation of any one that would con- sult the Lord about who they should vote for, he said: "Brother Hiram is the elder brother;" "Brother Hiram never has deceived his people;" "Brother Hi- rom loves this people;" "When the Lord commands, the people must obey," etc, The next day Joe did vote for Walker, and the balance of the Mormons voted for Hoge and elected him, as the Lord had commanded.

This is the real history of that cam- paign, so far as Mr. Walker was con- cerned. It was to him a campaign of mortification from the start. He was forced into it contrary to his wishes, and forced into it largely to get the Mor- mon votes; but after entering the con- test he was denounced by whigs all over the district for trying to get the Mormon, and really lost more whig votes in the district than would have elected him, simply because it was supposed that he could get the Mormon vote.

Cyrus was the eldest of a large family,

and contributed largely to the education of his brothers and sisters, and to start- ing them in business. Probably no man ever gave a larger share of his earnings than did Cyrus Walker to the education of his brothers and sisters and relations, to the church to which he belonged, and to benevolent purposes.

In 1833 or 4, H. L. Bryant came to the incipient city of Macomb, and opened an office for the transaction of legal busi- ness. He was a native of New York, and quite an able man, although young. In 1837 he was elected to the office of state's attorney and served two years. In 1844 or 5, he left here, and having married a Miss Sanders, of Lewistown, settled in that town, where he at present resides. He had a brother here with him at one time, who was deputy clerk under James M. Campbell, who was admitted to the bar, but never practiced. He was a dissipated sort of man, and some time afterwards killed himself by jumping out of a window, at Lewistown, while in a fit of delirium, brought on by drink.

Judge Pinkney H. Walker, was for many years a resident lawyer of this county. In 1838 he came to Macomb, and in the fall of that year entered the office of his uncle, Cyrus Walker, to en- gage in the study of law. He made rapid progress, and late in the year 1839, was admitted to the bar. He opened an office and remained in Macomb in prac- tice until 1846, when he removed to Rushville, but in the spring of 1848, re- turned, and remained until October, 1848, when he finally left to take up his residence in Rushville. Judge Walker held the position of circuit judge from

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HISTORY OF MCDONOUGH COUNTY.

1855 to 1858, in this circuit, and is noticed at length in the chapter devoted to the courts of the county.

J. C. Thompson, now of Quincy, was for many years a resident of Macomb, and practiced law quite successfully. He came there in about 1852 or 3.

Louis H. Waters came to Macomb during the year 1849, and opened a law office.

Louis H. Waters was born December 22, 1828, in Philadelphia, Pennsylvania. In 1830, his father and family removed to Kentucky. From Kentucky, the fam- ily in the spring of 1838, removed to Fort Madison, Wisconsin territory. Louis read law at Fort Madison, in the office of Miller & Williams, and in 1848 was admitted to the bar, and in 1849 re- moved to Macomb, McDonough county, where he opened a law office. For the first two years of his residence at Ma- comb he taught school most of the time, practicing his profession as opportunity offered. From 1851 until the commence- ment of the war, Mr. Waters gave his whole time to his profession and built up an extensive practice. In 1858, he was appointed by Governor Bissell, pros- ecuting attorney of the fifth judicial cir- cuit, and in the discharge of his duties added to his reputation as a lawyer. Upon the inauguration of President Lin- coln, Mr. Waters was offered the posi- tion of U. S. attorney for the territory of Nebraska, and visited Omaha with the intention of making arrangements to settle in that city, but on the break- ing out of the rebellion in 1861, he deemed it his duty to go into the army. Governor Yates tendered him a commis- sion in the 2nd cavalry regiment as ma-

jor, which Mr. Waters declined, but en- tered the service as captain of company D, 28th infantry regiment. In August 1861, he was commissioned as lieuten- ant-colonel of that regiment. In the spring and summer of 1862, he organ- ized the 84th regiment infantry volun- teers, of which he was colonel, was ap- pointed commandant of the camp of in- struction at Quincy. On the 23d of September 1862, his regiment was or- dered to Louisville, Kentucky, and was assigned to a brigade in Buell's army, commanded by Colonel Grose, 36th Ind- iana. He was with his regiment at the battles of Perryville, Stone River, Chickamauga, Lookout Mountain and Missionary Ridge, and at every engage- ment from Chattanooga to Atlanta. He was severely wounded in the right shoul- der at Franklin on the 30th of Novem- ber, 1864, and nearly lost the use of his arm thereby. The colonel was mustered out with his regiment at the close of the war. At the close of the war he re- ceived a commission as brevet-brigadier general. After the war he resumed his practice of his profession and on the death of Mr. Morgan was appointed by Governor Oglesby, prosecuting attorney for the fifth circuit. In 1869 he re- moved to Carrolton, Missouri, where he soon enjoyed an extensive practice. In 1878, he was appointed by President Hayes, U. S. attorney of the western district of Missouri, which position he held from February, 1878, until May, 1882. He resided at Jefferson City un- til the fall of 1879, when he moved to Kansas City where he now resides. Colonel Waters has been a republican since the organization of that party.

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HISTORY OF MCDONOUGH COUNTY.

He was elected to the lower house of the Illinois legislature in 1854 as a whig. The colonel has been twice married. His first wife was Cordelia T. Pearson, by whom he had four children, three of whom, a son and two daughters are liv- ing. His second wife was Mrs. Annie E. Wylie to whom he was married in Covington, Kentucky.

Among the more prominent lawyers who have graced the bar of McDonough county, perhaps there has been but few in the past the superior of Louis H. Simmons, who came to the city of Macomb in June 1858, and opened an office. In the fall of 1859 he formed a copartnership with J. C. Thompson, which lasted three years, or until Mr. Simmons entered the army. Mr. Sim- mons was identified with the official life of this county and is noted at length in connection with the office of county judge, which position he held for four years.

BAR OF THE PRESENT.

The present members of the bar of McDonough county, who are in active practice, are recognized throughout the state as among the leading representa- tives of their profession. Indeed, some of them occupy exalted positions and have national and state reputations for astuteness and legal acumen. The fol- lowing is a list of those who ornament the profession in question: William H. Neece, Damon G. Tunicliff, William Prentiss, James H. Bacon, H. M. Shan- non, W. A. Twaddle, Byron Pontious, Crosby F. Wheat, Charles I. Imes, H. C. Agnew, Jacob L. Baily, James M. Blazer, S. B. Vose, L. Y. Sherman, John S. Bailey, of Macomb ; Abner E.

Barnes, Solon Banfill, J. T. Sanders, T. J. Sparks, George Fox, R. W. McKin- ney, of Bushnell; and Charles R. Hume and Frank Fuhr, of Blandinsville.

William H. Neece is the present rep- resentative from this district in the national halls of congress, and is noticed in full under that head in the represen- tation chapter.

Charles R. Hume, of Blandinsville, is mentioned at length in the chapter en- titled, national, state and county repre- sentation, to which the reader is re- ferred.

D. G. Tunnicliff, in point of practice the oldest attorney at Macomb, is a native of Herkimer county, New York, having been born on the 20th of Aug- ust, 1829. His father, George Tunni- cliff was a native of New York state, and his mother, Marinda (Tilden) of Con- necticut, the former of whom was a far- mer and owner of several mills. Mr. Tunnicliff remained on a farm with his parents until after reaching his 15th year and then, in the capacity of a clerk, be- gan a mercantile life. In 1849, he came to Illinois, located at Vermont, Fulton county, and engaged in general merchan- dising. In 1853, he commenced read- ing law, subsequently going to Chicago, where he read under Blackwell & Beck- with, but had previously been admitted to the bar at Rushville. In 1854, he re- moved to McDonough county, locating in Macomb, and entered into a partner- ship with Cyrus Walker & C. L. Higbee which continued until 1861, when Mr. Higbee was elected circuit judge. Mr. Tunnicliff then practiced alone until 1865, when he formed a co-partnership with Asa A. Matteson, under the firm

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HISTORY OF MCDONOUGH COUNTY.

name of Tunnicliff & Matteson, and they continued to practice together for about ten years, when Mr. Matteson removed to Galesburg, Illinois, after which Mr. Tunnicliff remained without a law part- ner till in November, 1879, he became associated with James H. Bacon, his present partner. The firm of Tunni- cliff & Bacon is one of the leading firms of the county, and does a general law and collection business. They have the largest law library in Macomb. Mr. Tunnicliff has been twice married. His first wife, Mary E. Bailey, a daughter of Colonel W. W. Bailey, died in 1865. leaving five children-Mary E,, wife of W. L. Parotte, of Omaha; Bailey, George D., W. W., and Henry, since de- ceased. November 4, 1868, Sarah A. Bacon, a daughter of Larkin C. Bacon, became his wife. By this marriage, three daughter have been born to them -Helen, Sarah and Ruth. Politically Mr. Tunnicliff is a republican. He has no political aspirations, and, although his friends have elected him to local of- fices, he has steadfastly refused to qual- ify. He is a member of the Masonic council. He was an elector on the Grant presidential ticket in 1868, and on the 16th of February, 1885, he was appointed by Governor Oglesby, one of the justices of the Supreme court of Ill- inois, to fill the unexpired term of the late Pinkney H. Walker, deceased, a po- sition he yet holds. The term will ex- pire on the 1st of July, A. D., 1885. He is a candidate for election for the full term, but the district being largely democratic, and his opponent having re- ceived the nomination of his party, the result is uncertain.

William Prentiss and Jacob L. Baily were admitted to the bar at Springfield, at the same class, in June, 1878, and im- mediately formed a law partnership, which is to-day second to none in the county. They practice in all the courts of the state, and the district and circuit courts of the United States. William Prentiss was born in Davenport, Iowa, September 19, 1848, and is the son of William and Elizabeth (Gapen) Pren- tiss. His great-grandfather, Staunton Prentiss, served as wagonmaster to Gen- eral Lafayette during the Revolutionary war and was honored by a visit from that nobleman when he was on a visit to America, in 1824. William Prentiss, the elder, was a native of Pickaway eounty, Ohio, born on 1815, and died at Vermont, Fulton county, this state, in January, 1854. His wife was a native of Pennsylvania. William Prentiss at- tended the common district schools of this and adjoining counties, during the winters and farmed during the summer months until he had reached the age of 15 years. He attended the seminary at Cherry Grove, near Abingdon, Illinois, a term or two, after which he entered the Normal school, near Bloomington, intending to take a full course in the model department, but broke down in health in two months, and was obliged to give it up. Not long after, however, he entered Knox college, Galesburg, fol- lowing the scientific course, with the ad- dition of the latin language. It was his intention, at the time, to pursue a full collegiate course, but after two years of study, his health again gave way, and he was again compelled to suspend his la- bors. In the spring of 1869, having but

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History of McDonough County, Illinois, together with sketches of the towns, villages and townships, educational, civil, military and political history; portraits of prominent individuals, and biographies of the representative citizens, Part 43

Author: Publication date: 1885 Publisher: Springfield, Ill. : Continental Historical Co. Number of Pages: 1150

Author:
Publication date: 1885
Publisher: Springfield, Ill. : Continental Historical Co.
Number of Pages: 1150