History of Sangamon County, Illinois, together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history, portraits of prominent persons, and biographies of representative citizens, Part 16

Author: Interstate publishing co., Chicago. [from old catalog]
Publication date: 1881
Publisher: Chicago, Inter-state publishing company
Number of Pages: 1084

USA > Illinois > Sangamon County > History of Sangamon County, Illinois, together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history, portraits of prominent persons, and biographies of representative citizens > Part 16

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

William A. Minshall, of Schuyler county, first figures in this Bar in 1841. Ile was a very

able lawyer and at one time was Judge of the Circuit of which Schuyler county formed a part. Linder says of him:

"Minshall, I believe, was a native of Ohio, and studied law with Judge McLean. In his early days he was given to dissipation. He courted a most beautiful woman, and on propos- ing marriage to her, she promptly rejected him, on the strength of which he got most gloriously drunk, and in his crazy mood put on seven clean shirts, and in that condition went over to see her again, letting her know that it was impossi- ble for him to live without her. The young lady, being far from indifferent to the suit of Minshall, finally concluded that she would try and make a man of him, so she said to him: . Mr. Minshall, I will never marry a drunkard, and if I had a husband and he should become one, I would leave him on the instant, if I loved him as I loved my life, but I have come to the conclusion I will marry you on one condition: If you will reform your habits, and give me satisfactory proof of the same, and make a solemn vow that you will never drink again. So, now, you go home and divest your- self of all those shirts but one, and come back in a month from now, and we will consummate this agreement.' Minshall gladly took her at her word, and after a month's probation he re- turned, took the vow, and they were married, and he religiously lived up to his pledge to the day of his death; and I know of no happier couple than they were in the whole circle of my acquaintance. He had a reputation of being one of the kindest."

Benjamin West came to Sangamon county in 1841, and settled in the village of Rochester. He was a man of fair talents, and was a good lawyer. In 1846 he was elected to the legisla- ture, and died before the expiration of his term.

Israel Crosby figured here during this Decade, but did more in the real estate business than in law.

William Walker studied law, and was here admitted to the Bar. He soon afterwards went to Camden, and from thence to Havana, Mason county. From the latter place he emigrated to Missouri, where he was afterwards elected Circuit Judge. He was regarded as above the average in ability.

Elliott B. Herndon was born on Silver creek, Madison county, Illinois, in 1820. In company with his parents, he came to Sangamon county in the spring of 1821. His parents first settled about four miles northeast of Springfield, and in 1823 erected a cabin on the lot where Mr.

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Herndon now resides, where they lived the re- mainder of their lives. Elliott B. read law in Springfield, and was admitted to the Bar in the winter of 1842-3, and was one of the three first young men admitted in the county. He at once commenced an active practice, which con- tinned until 1868, when he retired, but resumed practice in 1873, continuing until 1878, when he permanently retired. Joseph Wallace, in a local paper issned February, 1880, thus speaks of Mr. Herndon :

"At present he belongs to the retired list of our barristers, and enjoys his otium cum digni- tate; but still appears in court in special cases, and his opinion is often sought upon difficult and abstruse questions of law. He has always been recognized as the possessor of one of the soundest legal minds at our Bar, and if he had been prompted more by the spur of necessity, would have risen to yet higher rank as a lawyer.

"Though not a classical scholar, Mr. Herndon is a person of wide reading and multifarious knowledge. He is fond of philosophizing, that is, of penetrating beneath the surface of things to ascertain their hidden origin and bearing. To illustrate, he tells us that he read through Don Quixote three times; first, for the story or stories; secondly, for the humor and pathos; and, thirdly, for the deep philosophy and in- sight into human nature contained in that in- comparable production. He is also an earnest admirer of Shakespeare's inimitable creations, but does not approve of the lengths to which some ingenious commentators go in searching after new and far-fetched interpretations to the text of that author, such as the great bard him- self never dreamed of. Among his other ac- quirements, Mr. Herndon is no bad judge of horses and dogs, and he is (or at least affects to be) skilled in gardening and horticulture."

Politically, Mr. Herndon is a Democrat "of the strictest sect of our religion." For many years he was engaged in the promulgation of Democratic doctrines, both from the stump and through the press. From 1857 to 1860 he edited the Illinois State Democrat, J. J. Clarkson, pro- prietor, a paper started to contend for Demo- cratic doctrine, " pure and undefiled," in opposi- tion to what he regarded as heresies in the Douglas wing of that party.

Mr. Herndon has held several very important offices, both elective and appointed. He has served as City and County Attorney, United States Attorney for the Southern District of Illinois. In 1858 he was appointed Disbursing Agent by the General Government for Illinois.

In 1876 Mr. Herndon was married to Jerusha Palmer, in Springfield, Illinois. In the same article already quoted Mr. Wallace further speaks of Mr. Herndon:

" Physically and intellectually he is quite un- like his brother, William H .- the one inheriting the characteristics of the mother, while the other more nearly resembles the father. In person, Elliot B. is of medium height, broad shouldered and heavy set, with a tendency, of late years, to obesity. His cranium is massive and finely de- veloped, and his face square rather than oval. His style of speaking is deliberate and senten- tious, his jestures few, and his voice keen and penetrating rather than ore rotundo.

"In manner or demeanor, he is not always the same, being subject to moods. Sometimes he is taciturn and morose; at other times talkative, jovial and full of anecdote, yet always more or less sarcastic. Upon the whole, he is a man of marked ability, of striking individuality, of pro- nounced likes and dislikes, and of sterling integ- rity-in a word, he is one whose place at the Bar and in general society, if once made vacant, could hardly be supplied."

FOURTH DECADE.

As Springfield and Sangamon county increased in population, and as the business before the Supreme Court of the State and the United States District Courts increased, the resident members of the Bar became more numerous. It will therefore be seen that between the years of 1851 and 1861, the distinctive local Bar was quite large. Many who had been following the Circuit had ceased their attendance, and only appeared before the courts here on special occa- sions. The greater number of those heretofore mentioned as making a residence in Springfield, yet remained at the beginning of this Decade, and few left during the time. The Bar was therefore a strong one. Among those who fig- ured during this time whose names have not already been given are John A. McClernand, L. B. Adams, N. M. Broadwell, D. A. Brown, W. J. Black, W. J. Conkling, Primm & Gibson, J. E. Rosette, J. B. White, G. W. Shutt, Thomas Lewis, J. France, D. McWilliams, Charles W. Keyes, Shelby M. Cullom, L. Rosette, A. Mc- Williams, J. R. Thompson, Charles S. Zane, William Campbell, J. D. Bail, G. W. Besore, Christopher C. Brown, John E. Denny, Milton Hay, L. F. McCrillis, J. W. Moffett, Charles B. Brown, S. C. Gibson, T. S. Mather, J. R. Mather, H. G. Reynolds, E. L. Gross, L. C. Boynton, A. B. Ives, C. M. Morrison, Joseph Wallace, Speed Butler, E. F. Leonard, William Prescott.

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Among the number comprising the Bar of this Decade will be noticed the names of some who have since become distinguished as statesmen and others whose names have become so famil- iar to every reader of history as among the brave men who responded to their country's call when traitors sought to destroy the Union, and who became as adept in the art of war as in the intricacies of the law. Sangamon County fur- nished the Commander-in-Chief of all the armies, one of whom the Bar of the county may well be proud, one of its brightest ornaments, the great and noble Abraham Lincoln. From the Bar of Sangamon County went General John A. Mc- Clernand, a brave and skillful General who rose to the rank of a Division Commander, Colonel James H. Matheny, Colonel L. F. McCrillis and others. Of the Bar of this period much can be said and only that which is good.

Thomas Lewis,-everybody that lived in Springfield during this Decade knew Tom,-was a character in his way. Originally a shoe- maker by trade, he accummulated some money, engaged in banking, and then studied law; was admitted to the Bar, and practiced for a time, though he secured but little business. To crown all he became a newspaper man and was editor and publisher of the Illinois Atlas until its in- corporation with the Political Crisis, in 1871. He now resides in Cairo.

J. France was a man well advanced in years when he came to Springfield. He was a fair lawyer and had a good practice for a time.

D. McWilliams was a young man and had been admitted to the Bar but a short time when he came here. He succeeded in securing a fair practice, but after a time he left and is now re- siding in Piatt, and is one of the leading mem- bers of the Bar of that county.

A. Mc Williams, came here from Bloomington where he was regarded as a very talented law- yer, and had fine success in all his professional engagements. The same success attended him here, and had it not been for an unfortunate temper he would have left a highly honorable and proud record. He was States Attorney one term. . He died in 1862, near St. Louis.

C. M. Morrison was one of the most talented young men that have practiced in the court of Sangamon County. He was from Kentucky and came to Springfield about 1856. He very soon secured a lucrative practice and was for several years Prosecuting Attorney for this district. As a prosecutor he had few superiors. He had a frail body but a strong mind. He died in the prime of life.

William Prescott was from Wales, read law in Springfield and was admitted to the Bar about 1860. When the war broke out he laid down his law books and took up the sword. He served as Captain in one of the companies of the 130th regiment. While in the service, he was captured and held a prisoner of war for fourteen months. On his return to this county he was elected County Judge and was the im- mediate predecessor of Judge Matheny. He re- moved to Chicago about 1879.

L. F. McCrillis came to this county from Cal- houn. While a resident of the latter county he served a term in the legislature. He was re- garded as a good lawyer. On the breaking out of the war he offered his services to the Gov- ernor and was commissioned Colonel of one of the Illinois regiments, and served with credit in the defense of his country. After the war closed he returned to Springfield and shortly after made a business trip to Washington, and while in that city he died very suddenly.

H. G. Reynolds was better known as a Mason than an attorney. He was for some years pub- lisher of the Masonic Trowel, an account of which is given under the head of "The Press."

A. W. Hayes was here but a short time, and obtained no special standing as an attorney. He now resides in Kansas.

S. S. Whitehurst was a fair lawyer and a good business man. He was clerk of the Circuit Court for some years. He is now dead.

Lawrence Weldon was a good lawyer, and was from Bloomington.

L. M. Phillips came from Southern Illinois, and remained but a few years, and then returned to his old home. He was a fair lawyer, and secured a good practice while here.

C. D. Harvey was a good bankrupt lawyer, and had a good practice in the bankrupt courts. He only remained a short time, when he re- moved to California, and now resides there.

Primm & Gibson were young and vigorous men, who turned their attention principally to the land business. They are both now dead.

William Campbell was Irish by birth, inherit- ing the social qualities of that fun-loving race. He was strong before a jury, having the natural eloquence of the Irish. He died some years ago.

J. D. Bail was more of a poet than a lawyer, and in the profession was scarcely known.

FIFTII DECADE.

Whatever may be said of the Bar of Sanga- mon county, it cannot be said that it has ever deteriorated. It has always maintained a high

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HISTORY OF SANGAMON COUNTY.

standard of excellence. While it may be true that through political influence some of those of one Decade may have become more noted, yet as regards standing before the courts, it will be seen no comparison can be made that would de- tract from the good name of either. The Fifth Decade, embracing the years 1861 to 1871, shows a list of names alike creditable to the period and to the excellent standing of the Sangamon County Bar.

Some of the familiar names of the pre- vious Decade have disappeared, of which it might be said that some bearing them have re- moved to other points, some have retired from active practice, while others still are now prac- tieing before a higher court and before the Bar of Almighty God. Among the new members of the Bar of Sangamon county during this Decade were William M. Springer, J. K. W. Bradley, W. P. Olden, A. N. J. Crook, James E. Dow- ling, A. W. Hayes, Richard Wolcott, L. H.

Bradley, J. A. Chesnut, J. C. Crowley, William Fowler, James M. Mason, James W. Patton, Lawrence Weldon, L. M. Phillips, George C. Marcy, William E. Shutt, A. Orendorff.

SIXTH DECADE.

During this Decade the Bar of Sangamon County was increased in number by the follow- ing named: D. T. Littler, J. A. Kennedy, L. F. Hamilton, James C. Robinson, A. L. Knapp, Bernard Stuve, Bluford Wilson, Loren Hasson, Robert Allen, Thomas C. Austin, John F. Bar- row, S. D. Scholes, W. P. Emery, Charles H. Rice, Charles D. Harvey, Robert H. Hazlett, Robert L. McGuire, John M. Palmer, John Mayo Palmer, Alonzo W. Wood, Charles W. Brown, Clinton L. Conkling, Enoch Har- pole, W. L. Gross, E. D. Matheny, J. C. Lanphier, Henry H. Rogers, George A. Sanders, J. C. Snigg, Ezra W. White, Charles P. Kane, Henry Kane.

13-

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HISTORY OF SANGAMON COUNTY.

CHAPTER VI.

THE BAR OF SANGAMON COUNTY-CONTINUED.

SEVENTII DECADE.

The year 1881 is the beginning of the Seventh Decade, and only of this year can anything be said as a matter of history, of the Bar of San- gamon. The following named firms now con- stitute the resident Bar of the county: L. B. Adams, John F. Barrow, Bradley & Bradley, N. M. Broadwell, Frank W. Burnett, James C. Conkling, W. J. Conkling, Collins & Sprague, A. N. J. Crook, J. E. Dowling, Ninian W. Ed- wards, W. P. Emery, Joseph A. Gill, HI. S. Greene, Gross & Conkling, John H. Gunn, Mil- ton Hay, Ralph W. Haynes, Hazlett & Kane, Herndon & Colby, W. F. Houston, Frank H Jones, James A. Kennedy, J. R. II. King, David T. Littler, Webber E. Loomis, Jas. II. Matheny, Jas. H. Matheny, Jr., McClernand & Keves, Mc- Guire, Hamilton & Saltzenstein, Murray & Tur- ner, Orendorff & Creighton, Palmers, Robinson & Shutt, Patton & Lanphier, Rice & Trapp, Rob- ertson & Maxwell, John E. Rosette, Louis Rosette, Sanders & Williams, Scholes & Mather, J. B. Scott, Fred E. Smith, John C. Snigg, Ster- ling & Gront, H. A. Stevens, Stuart, Edwards & Brown, T. J. Thompson, William A. Vincent, La Rue Vredenburg, Joseph Wallace, E. W. White, Bluford Wilson, Wines & Wickersham, Richmond Wolcott, Rogers & Kane.

In reviewing the history of the Bar of to-day, it must be born in mind that the historian is speaking of those who are yet hving and in active practice, and therefore he Jabors under an embarrassment that does not exist when writing of parties that have passed away. Words of praise, by envious ones, are apt to be construed into words of flattery, for which reason many things are left unsaid which are rightfully due the parties of whom the historian is writing. In the following sketches care has been taken against such use of terms as will lead to even a thought of flattery, or stating an untruth, with the idea that it will please the one

of whom it is written, even if it does not offend others. But whatever is written is the opinion of the historian, who reserves the right to speak as he may think best of each individual. The members are introduced in chronological order, as they appeared at the courts, so far as it is really known.

John T. Stuart, the senior member of the firm of Stuart, Edwards & Brown, was born November 10, 1807, in Fayette county, about seven miles east of Lexington. Kentucky. IIe comes of good old Scotch-Irish stock and has inherited many of the peculiarities and fine qualities of that hardy race. Robert Stuart, the father of the subject of this sketch was born in Rockbridge county, Virginia, and early in life adopted the profession of the Christian minis- try. He removed from Virginia to Lexington, Kentucky, and became a professor of languages in Transylvania University. While a professor in this institution, he was there married to Han- nah Todd, daughter of General Levi Todd.

During the earlier years of his life John T. Stuart remained with his parents upon a farm, attending the common schools in winter and assisting his parents in the summer in cultivat- ing the soil. While yet young he entered Cen- tre College. at Danville, Kentucky, pursning a regular classical course, and graduating from that institution when but nineteen years of age. Immediately upon graduating, Mr. Stuart en- tered the law office of Judge Breck, in Rich- mond, Kentucky, and for two years pursued his studies under that eminent barrister. Having heard much of the "beautiful country of the Sangamo," and having relatives living in that favored regior, he determined to emigrate there. Starting on horseback, he first made his way to Frankfort, Kentucky, and by the Supreme Court of that State was licensed as an "Attorney and Counselor at Law." In ten days he arrived in Springfield, weary and worn. A heavy rain had

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fallen the morning of his arrival which had given to the houses of the village, which were gener- ally of logs daubed with mud, a dreary look, making him feel a little blue. His mind reverted to the pleasant home which he had left, sur- rounded by all the comforts of a civilized life, and he could but wonder what the future would have in store for him, and whether the joys of the future would compensate for the pleasures left behind.

At this time Mr. Stuart had barely attained his majority, and in looks and actions had re- tained much of the boy about him. He was kindly received by the generous, open-hearted people, then living in Springfield, but he tells a good story upon himself which goes to show man's judgment is not always infallible. Billy Fagin, a shrewd, witty Irishman, as all Irishmen are, met him a few days after his arrival, and as common in that day, began to question him as to his past and future. He was asked where he was from, what he was here for, and what were his expectations. The questions were all an- swered as well as possible, considering the sur- prise manifested at being thus quizzed'by an entire stranger. "Now," says Mr. Fagin, "would you like to know my opinion of you?" Mr. Stuart replied that he would not object to know- ing it. " Well," says he, "it is my opinion you may be a pretty fine man, but you stand a mighty poor show of meeting with success as a lawyer." Mr. Stuart laughed, but said nothing in reply.

The attorneys Mr. Stuart found at the Bar on his arrival, were James Adams, Thomas M. Neale, James Strode, Thomas Moffett and Jona- than H. Pugh, men of mark then, but all of whom have since died and have almost been for- gotten, they being overshadowed by that bril- liant galaxy of lawyers that canie a few years after.

Hon. Joseph Gillespie was asked to give his opinion of Mr. Stuart as an attorney. The fol- lowing was his reply:

" Colonel John T. Stuart may be emphatically denominated the Nestor of the Bar of Spring- field, Illinois, a body of men without superiors, if equals, in any State in the Union. We be- lieve there is but one man now living in Illinois, who ante-dates him as a practitioner, and that man is William Thomas, of Jacksonville. John T. Stuart is a native of Kentucky, from whence he emigrated to Illinois in 1828, and located in the future capital. After the manner of the Kentucky school, he was thoroughly grounded in the history and elementary principles of the

law, whereby he was enabled to elucidate and apply it to the cases which might arise on the circuit, with the aid of such authorities as one could carry in his head and saddle-bags. John T. Stuart is pre-eminently a man of reason, and if he be tried by the maxim, 'By their works shall ye know them,' he will come out all right. He was the tutor of one of the greatest men who ever lived, Abraham Lincoln, who imbibed his precepts, principles and methods. An important part of Lincoln's great character was the work of John T. Stuart. The leading traits of the sub- ject may be summed up in the attributes of ster- ling integrity, great forecast, and strong will. In the management of professional business, he seeks first to understand his own side of the case, and next to penetrate the designs of his adver- sary, in which he never fails. He keeps his own batteries effectually masked, while those of the opposite side are closely scrutinized. He knows their calibre and position completely. It was this quality. which made him so eminently suc- cessful as a politician. Such was his adroitness and sagacity that his adversaries could never comprehend how he could obtain a knowledge of their plans; therefore they dubbed him "Jerry Sly." No one, however, ever suspected him of even the slightest breach of faith or dishonor- able dealing. He was fastidiously sincere in all his professions and engagements. There was no trouble in discerning the attitude of John T. Stuart, but in regard to his plans, either political or professional, he was perfectly inscrutable. Whatever you had a right to know he would communicate with the greatest cheerfulness; but whatever he had a right to conceal, no man could find out. Stuart always believed in the efficacy of labor, and worked his cases well. He was eminently conscientious with his clients, and never allowed them, if he could prevent it, to go to law for a profitable wrong or an unprofitable right. Hle has done more than any other man in the State to discourage frivolous litigation. He has always taken a great interest in assisting young men, aiding them by his counsel in the management of their cases, and by inspiring them with confidence and laudable ambition. His veneration for the profession of the law is very great, and anything like unworthy conduct, tending to lower it in the estimation of honor- able men, calls out his prompt and decided ani- madversion. There is not a particle of envy in his composition. He deals out equal and im- partial justice to all men. He scorns everything like ostentation or display, and desires to gain his cases upon their merits, and not otherwise.

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His character for honesty and fair dealing gave him a power few hold upon courts and juries, and made him almost invincible. He has passed now into the sere and yellow leaf, and, of course, seldom engages in the active duties of the pro- fession; but his old clients and friends cannot be induced to dispense with his counsel and advice, and he has not yet been permitted to doff the harness he has so long and honorably worn. It would, perhaps, be enough to establish the fame of John T. Stuart upon a solid and endur- ing basis, to say, as can be truthfully said of him, that throughout all those long years he practiced with and was the recognized peer of such men as Stephen T. Logan, Abrakam Lin- coln, Milton Ilay, John M. Palmer, and a host of others whose lives will adorn the pages of our judicial history so long as talent and worth shall be appreciated."

In politics, Mr. Stuart is a disciple of Henry Clay, and therefore a Whig of the old school. He loved the old Whig party as he loved his life, and has scarcely yet realized that the party is dead. In 1832, when but twenty-five years of age, he was elected for the first time a mem- ber of the legislature, and re-elected in 1834. In the House he made a useful member, ever at his post, and ever looking forward to advance the interests of his constituents. In those days the question of internal improvements was the leading issue before the people, and Mr. Stuart strongly advocated every measure, that in his opinion, would tend to develop the indus- tries of the country. It may be well to remark here, that in these views Mr. Stuart has always been consistent, there hardly being a measure proposed for the advancement of public inter- ests but what has found in him a strong advo- cate. More enterprises of a public character will be found in which he has figured than any other man in the county.

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History of Sangamon County, Illinois, together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history, portraits of prominent persons, and biographies of representative citizens, Part 16

Author: Interstate publishing co., Chicago. [from old catalog] Publication date: 1881 Publisher: Chicago, Inter-state publishing company Number of Pages: 1084

Author: Interstate publishing co., Chicago. [from old catalog]
Publication date: 1881
Publisher: Chicago, Inter-state publishing company
Number of Pages: 1084