USA > Illinois > Stark County > History of Stark County, Illinois, and its people : a record of settlement, organization, progress and achievement, Volume I > Part 22
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1839. Mr. Purple was distinguished for his legal ability and served as judge of Fulton County from 1845 to 1849. After that he declined all public honors and devoted his time to his profession. Benjamin F. Fridley, of Ottawa, was the last state's attorney previous to the adop- tion of a new constitution in 1848. Since that time Stark County has always had a state's attorney of her own, to-wit: Burton C. Cook, 1848: Aaron Tyler, Jr., 1850; E. G. Johnson, 1852; Alexander McCoy, 1856; Charles P. Taggart, 1864; James II. Miller, 1872; Bradford F. Thompson, 1876: John E. Deeker, 1884: B. F. Thomp- son, 1888: J. H. Renniek, 1892: John W. Fling, Jr., 1912.
UNITED STATES COURTS
The State of Illinois is divided into three Federal Court districts- the Northern, Southern and Eastern. The Southern District is sub- divided into two divisions. The northern division is composed of the counties of Bureau, Fulton, Henderson, Henry, Knox, Livingston, MeDonough, Marshall, Mereer, Putnam, Peoria, Roek Island, Stark, Tazewell, Warren and Woodford. Two terms of the United States District Court are held in this division annually, beginning on the third Monday in April and October at Peoria.
THE BAR
In early days it was the exception rather than the rule for a lawyer to have a nieely furnished office and an extensive library. Litigants were somewhat searce, large fees were seldom charged or collected for legal services, and about all the lawyer in a young and growing com- munity eould do was "to hang on and hope for better times." The judicial cireuit generally comprised several counties and as the judge rode from one county seat to another to hold court, he was often accompanied by several attorneys, carrying the principal portion of their libraries in their saddlebags with a elean shirt and an extra pair of soeks. Sometimes these attorneys would have a client in the county to which they were bound, but many times they "just went along.' hoping to pick up a case when the court opened.
"Riding the eirenit" was a strenuous way of practicing law, but it was not altogether void of pleasant experiences. After the adjourn- ment of court for the day, the judge and the attorneys would gather in the big room of the tavern and spend the evening "swapping yarns." relating their experiences in court, and occasionally taking a small
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drink of something to ward off malaria. In fact, there was a frater- nity among the lawyers and judges of "ye olden time" that has been dispelled by the increase of litigation and the fact that nearly every attorney of the present day has a library of his own and is not con- pelled to borrow books from counsel of the opposition.
And there were good lawyers in those days-men whose knowl- edge of law and powers of oratory were equal to many of the grad- uates of law schools of later years. They were students of human nature and knew how to swing the jury to their side, and they were nearly always attentive to the needs of their clients, conscientious in their adviee, and persistent in their efforts to win their cases, not simply for the fee or the honor that would come to them, but because their client would profit by the court's decision.
When Stark County was organized there was not an attorney within its limits. Consequently, the practice in the early courts was nearly all given to the "eircuit riders." Among those who practiced in the Stark Circuit Court prior to the Civil war were: J. S. Fancher, William F. Bryan, Lorin G. Pratt, L. B. Knowlton, Henry B. Hop- kins, E. G. Johnson, Ezra G. Sanger and Merriman & Merriman, of Peoria; II. G. Reynolds, Leander Donglas, II. N. Keightly and Julius Manning, of Knoxville; Levi North. C. K. Ladd and John HI. Howe, of Kewanee; C. K. Harvey, Ira O. Wilkinson and Robert Wilkinson, of Rock Island; Silas Ramsey and Ira J. Fenn, of Lacon: Hiram Bigelow, of Galva, and George W. Stipp, commonly called "Judge" Stipp, of Bureau County.
Several of these pioneer lawyers achieved prominence in their chosen profession, and a few of them became known in other comec- tions. John II. Howe, of Kewanee, was colonel of the One Hundred and Twenty-fourth Ilinois Infantry in the Civil war, and after the war served as eirenit judge. H. G. Reynolds, who located at Knox- ville about 1851 was state's attorney and postmaster. In 1854 he removed to Springfield and later to Kansas, where he became promi- nent as an attorney. Lorin G. Pratt went from Peoria to Chicago soon after the war and won a high standing at the Cook County bar. C. K. Harvey was a typical eireuit riding lawyer. Full of enthusiasm for his work, quick to grasp a situation, and never averse to playing a practical joke on some brother attorney, he was regarded as one of the popular and reliable lawyers of his day.
One of the most noted lawyers of pioneer times was Richard M. Young, who held the first circuit court in Putnam County in May, 1831. He was a Kentuckian by birth, but came to Illinois while still
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a young man and in 1828 was appointed circuit judge. He remained on the bench until 1837. when he resigned to accept a seat in the United States Senate. He was recognized as an authority on the con- stitution and laws of state and nation and tried a few cases in Stark County during the early history of the Circuit Court. After many years of usefulness he became insane and died without regaining his reason.
Of the resident lawyers of Stark County, W. W. Drummond is eredited with being the first. In his early praetiee in the Circuit Court of Stark County he was frequently assisted by Julius Manning, who was a very able and successful lawyer. W. J. Phelps, the second resi- dent attorney, located at Toulon soon after the county seat was estab- lished there, but did not remain long, leaving in 1846 for the West.
One of the best remembered lawyers of early days was Martin Shallenberger. He was born in Fayette County. Pennsylvania. December 3, 1825, and received a common school education in that county. In 1838 his family removed to Illinois, locating in the north- ern part of Fulton County. Martin finished his education in the Peoria Academy and early in the year 1846 began the study of law under Onslow Peters, afterward judge of the circuit court. By working diligently for a little over a year, he was ready for admission, passed the examination with credit and was formally admitted to the bar by Judges Caton and Treat of the Illinois Supreme Court. The same year he opened an office in Toulon and for more than half a century was a leading figure at the Stark County bar. Although always interested in publie affairs. Mr. Shallenberger never held but one political office. that of representative in the Legislature of 1857. He was an artist of more than ordinary ability and it is said painted more than two hundred pictures, many of them of rare excellence. Several young men studied law with Mr. Shallenberger. Among these may be named Robert Barr, Ford D. Smith, Thomas D. Higgs and Frank Marsh, all of whom practiced in the Stark Circuit Court at some period of its history with honor to themselves and their pre- ceptor.
Mr. Shallenberger's Swiss ancestors dwelt upon the mountain called the Sehallenberg, in Canton Uri, and when surnames were adopted by the Swiss people in the Eleventh Century they became known as the "Sehallenbergers." This was the origin of the name. thongh in later years the spelling was simplified by dropping the letter "c" from the first syllable. In June, 1849. he married Miss Eliza HI .. daughter of Dr. Thomas Hall. who in 1876 published her "Stark
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County and Its Pioneers," an interesting little volume containing many valuable facts concerning the early days in Stark County. One son of this marriage, Ashton C. Shallenberger, was at one time gover- nor of Nebraska and is now (1915) a member of Congress from that state.
On at least one occasion Martin Shallenberger turned his artistic talent to good account in his law practice. He was employed to defend a man charged with stealing a hog. While the state's attorney was addressing the jury, Mr. Shallenberger took a piece of charcoal from the stove in the old court room and in a fit of apparent absent- mindedness began drawing a picture of a man driving a hog, on the wall opposite the jury box. The jurors grew so intent in watching the work of the artist that they lost the thread of the proscentor's argu- ment and Shallenberger won his case. Similar stories of his eccen- tricities are told by old residents of Toulon, but taken all in all Martin Shallenberger was unquestionably one of the ablest lawyers that ever practiced in Stark County. His death occurred on January 4, 1904.
George A. Clifford, who has been repeatedly mentioned in these pages, was another pioneer lawyer of Stark. He was a native of Massachusetts, but at an early date eame to Illinois and settled at Rochester, in the northern part of Peoria County. His first law prac- tice in Illinois was in the Circuit Court at Knoxville, after which he went to Chicago and there became city editor of the old Chieago Democrat. Returning to Toulon he resumed the practice of law and in 1858 formed a partnership with Patrick M. Blair. Two years later he was one of the editors of the Stark County Democrat during the political campaign and in 1862 was appointed master in chancery. Hle also served on numerous occasions as stenographer and court reporter. Mr. Clifford had a taste for literary work and wrote the first history of Stark County. In later years he became dissipated in his habits and met his death by falling from a window in Washing- ton. D. C.
Patrick M. Blair, mentioned in the above paragraph, was born at Frankfort, Ky., April 10, 1829, only a few days before Isaac B. Essex, the first white man to settle in Stark County, built his cabin in the Spoon River Valley. His ancestors took part in the Revolutionary war and the War of 1812. He was educated at the St. Louis University, studied law with his consin, Montgomery Blair, and was admitted to the bar at Ottawa, Ill .. in 1850. Four years later he became a resident of Toulon, where he and John Berfield opened the first lumber yard ever known to the town. In 1858 he and
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George A. Clifford formed a partnership for the practice of law and for a time had their office in the courthouse. The partnership did not last long and after its dissolution Mr. Blair became associated with James Hewitt. In 1860 he was elected circuit elerk, which office he held for eight years, and he was one of the active organizers of the Peoria & Roek Island Railroad Company. In 1886 he was appointed master in chancery. Throughout his legal career he was recognized as an able and consistent lawyer, always attentive to the interests of his clients.
Thomas J. Henderson, a member of the well known Henderson family which played a conspienous part in the early history of Stark County, was born at Brownsville, Tenn .. November 29, 1824, and came to Stark County with his parents when he was twelve years of age. Before arriving at his majority he taught school in what is now West Jersey Township and later in the "Old Brick" at Toulon. In 1847 he was elected clerk to the board of county commissioners. Two years later, when the county court took the place of the com- missioners, he was made clerk of that tribunal and served until 1853, when he began the practice of law. In 1854 he was elected to the lower house of the Illinois Legislature, and in 1856 was elected state senator for the district composed of Henry, Knox, Mereer, Rock Island, Stark and Warren counties. On August 11, 1862, he was mustered into the United States service as colonel of the One Hundred and Twelfth Illinois Infantry and served until the close of the war, being made brigadier-general by brevet by President Lincoln on January 6, 1865, "for gallant and meritorious services."
Upon returning home from the army he decided to remove to Princeton, the county seat of Bureau County, believing that town offered a better opportunity for the practice of his profession. There he formed a partnership with Joseph L. Taylor, under the firm name of Taylor & Henderson, which lasted until 1871, when General Hen- derson was appointed collector of internal revenue. He afterward served in Congress and one who knew him well describes him as "a brave and generous man, a patriotic citizen, a good soldier, an upright politician, and a pleasant and impressive speaker." One of his last visits to Stark County was on the occasion of the dedication of the soldiers' momment at Toulon, June 12, 1902, when he delivered the principal address.
Harvey J. Rhodes, a pioneer justice of the peace in Stark County, began the practice of law in 1851, and Charles C. Wilson, the first supervisor elected from Valley, commenced practice in 1857. The
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former died many years ago and the latter removed to Princeton, from there to Kewanee, where he continued in practice until a short time before his death.
Aaron Tyler, Sr., appeared in the Stark Circuit Court in a number of cases in 1846. His son, Aaron Tyler, Jr., studied law under Judge Onslow Peters and located in Toulon. In 1850 he was elected state's attorney. At the elose of his term he removed to St. Louis and from there to Knoxville, Illinois, where he was appointed circuit judge. Ile died in the City of Chicago some years later.
William W. Wright, who was admitted to the bar at Mount Vernon. Ill., in November, 1866, came to Toulon shortly afterward and won distinction as a lawyer. He was born in Fulton County, Illinois, September 10, 1842, and passed his early years upon a farm in Goshen Township, Stark County. During the latter part of the war he served in the One Hundred and Thirty-ninth Illinois Infantry. In 1873 he was elected county judge and served for about thirteen years, and in 1890 he was again elected to the office and served for twelve years more. He was also master in chancery for one term.
James II. Miller, who was admitted to the bar in the spring of 1869, was born in Wyandotte County, Ohio, August 29, 1843. His parents came to Illinois in 1851, first settling in Winnebago County, but in 1861 they removed to Stark County and located in West Jersey Township. In the fall of 1862 young Miller was commissioned to reeruit a company for the Fourteenth Illinois Cavalry. While engaged in this work he met with an injury to his hip which prevented him from entering the military service and kept him on erntehes for several years. During this time he studied law and in 1869 opened his office in Toulon. In 1872 he was elceted state's attorney and held the office for four years, having previously served as justiee of the peace. For several terms he was counsel for the Village of Toulon and from 1884 to 1890 was a member of the lower branch of the Illinois Legislature. In connection with Judge Thompson, he was one of the projectors of the Toulon Public Library early in 1891, but died before he could enjoy the fruit of his labors.
Bradford F. Thompson was of good old New England stock, his parents, Benjamin M. and Ann ( MeLaughlin) Thompson. coming to Stark County from Maine in 1856. He received a good edueation. studied law, and his name first appears upon the docket of the Stark Cirenit Court in 1878. In that year he was elected a member of the Toulon village board and two years later was made village attorney. He was elected state's attorney in 1876 and re-elected four years later,
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and in 1888 he was again eleeted for one term. On January 29, 1891, he appeared before the village board with a petition to establish a public library: was the first president of the library board, and maintained his interest in the institution as long as he lived. In 1902 he was elected county judge and held the office by repeated re-eleetions until his death in 1912. For several terms Judge Thompson presided over Toulon Masonic Lodge as worshipful master, and he was a member of W. W. Wright Post, No. 327, Grand Army of the Republie, having served as a sergeant in Company B, One Hundred and Twelfth Illinois Infantry.
Frank N. Prout, a native of Newark, N. J., eame to the County of Stark in his boyhood with his parents, Nelson and Jane (Davis) Prout. He studied law under James II. Miller and was admitted to the bar in Stark County, but soon afterward removed to Blue Spring, Neb., where he rose to prominenee in his profession and was elected attorney-general of the state.
It would be impossible to give detailed sketches of every attorney who has ever practiced in the county, but in addition to those above mentioned may be added the names of Benjamin F. Williams, who practiced in Toulon about the beginning of the Civil war and was captain of Company G, One Hundred and Sixth Illinois Infantry: Tillottson & Guitean, who began practice here in 1874, the former staying in the office at Bradford and the latter at Toulon; W. W. Hammond, a son of A. G. Hammond, of Wyoming, who after his admission to the bar located in Peoria: Harry Pierce, who was admitted to the bar in May. 1883; H. L. and A. P. Miller, the former one of the early lawyers and the latter admitted in 1879: Frank A. Kerns, a native of the county, admitted in 1888 and practiced here for several years. then went to Chieago and later to Philadelphia. and D. C. Young, who practiced in Toulon for a few years imme- diately after the Civil war.
No history of the beneh and bar of Stark County would be com- plete without some mention of Miles A. Fuller, who was one of the best known lawyers and citizens of the county for many years. Mr. Fuller was born in Luzerne County, Pennsylvania. April 25, 1822. When he was about twelve years of age his parents eame to Stark County and settled in what is now Penn Township. When Miles grew to manhood he became associated with his brother in the milling business. building the "Modena Mills." He was elected county clerk in 1853 and held the office for thirteen years. during which time he read law and was admitted to the bar in 1862, just before the expira-
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tion of his last term as elerk. For a few years he did not practice regularly, but after 1869 devoted his time to his profession. That year he was elected a delegate to the constitutional convention, and in 1870 was elected to the lower branch of the Legislature as the repre- sentative from Stark County. During the war Mr. Fuller was appointed a special commissioner from Stark to go to Springfield to inquire into the military credits in connection with the county's quota of volunteers. He served several terms as attorney for the Village of Toulon, was granted a franchise and built the electric light plant, and in other ways gave evidence of his enterprise and publie spirit. In 1915 the Old Settlers' Association honored Mr. Fuller's memory by placing his portrait upon the badge worn at the annual picnic. His son, Vietor G. Fuller, was also a popular attorney. For a number of years he was city attorney of Toulon, holding the office at the time of his death in Deeember, 1913.
THE BAR OF 1915
From the bar docket of the Stark Circuit Court for the June term, 1915, the following list of court officers and attorneys is taken: Judges, T. N. Green, John M. Niehans and N. E. Worthington (the last named since succeeded by Clyde E. Stone) : state's attorney, John W. Fling, Jr. ; master in chaneery, M. L. Hay; elerk. Walter F. Young; sheriff, James K. Fuller.
Attorneys-Frank Thomas (county judge), J. H. Renmick, W. W. Wright, Jr., M. L. Hay and T. W. Hoopes, Toulon: John W. Fling, Jr. (state's attorney), Wyoming: Leslie N. Cullom. Bradford.
CRIMINAL CASES
By far the greater part of the eourt business in Stark County has been in connection with eivil eases. A number of such eases have been carried to the Supreme Court and argued before that tribunal by members of the Stark County Bar. In cases of this character the Stark County attorney has demonstrated his knowledge of the law and his ability to hold his own, but the county has never produced a lawyer who has distinguished himself as a specialist in eriminal eases. The reason is plain. The pioneers of Stark County were not of the criminal class. A diligent search of the court records reveals but very few occasions where the professional eriminal lawyer would find an opportunity for the display of his peculiar talents. Vol. 1-15
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There has never been a legal execution in the county, and but one man received a sentence of life imprisonment. On December 1. 1881, Peter Huber, of West Jersey Township, was killed by Andrew J. Church. A coroner's jury brought in a verdict that Huber met his death by a knife wound inflicted by the said Church, death occurring within a few minutes after the stabbing was done. Church tried to make his eseape, but was overtaken by William H. Bell and Robert H. Thompson and confined in the jail at Toulon. At the April term in 1882 he was arraigned for trial. State's Attorney Thompson was assisted in the prosecution by James H. Miller and the defense was represented by J. E. Decker and A. P. Miller. The evidence brought out the fact that Church was a man of rather unsavory reputation. The jury brought in a verdiet of guilty and he was senteneed to "hard labor for life."
While returning to his home from the postoffice in Lafayette on the evening of October 13, 1867, Joseph II. Wilbur was assaulted and killed by David Ansehutz. The assailant was soon afterward arrested and was tried in November, 1868. Martin Shallenberger eondueted the prosecution and John II. Howe, of Kewanee, appeared for the defense. A verdiet of guilty was returned by the jury and Anschutz was senteneed to twenty-one years in the state's prison. These are the two most noted eriminal eases that have ever oeeurred in the eourt annals of Stark County.
A STRAY INCIDENT
While the judge of early years was generally capable and eon- seientious in the performance of his duties. he was not always marked by that "judicial dignity" that in later years has beeome a distinguish- ing characteristic of the eourt official. Judge Thomas Ford, the first judge to hold eourt in Stark County, used to have a fund of aneedotes relating to the methods in vogue in the pioneer eourts of Illinois. One of these stories of the humors and eeeentrieities of judges not thor- oughly versed in the law, nor in the fundamental principles of English grammar, was of the manner in which the sentence of death was pronounced upon a prisoner. As told by Judge Ford the judge called the prisoner before him and said:
"Mr. Green, the jury in their verdiet say you are guilty of murder, and the law says you must be hung. Now, I want you and your friends to know that it is not I who eondemms you, but it is the jury and the law. The law allows you time for preparation, so the court wants to know what time you would like to be hung."
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To this the prisoner responded that he was ready at any time, as he had his preparations all made, after which the judge continued :
"Mr. Green, do you realize that it is a serious matter to be hung? It is a thing that can't happen but once in a man's life, so you had better take all the time you ean get. I shall give you until this day four weeks-Mr. Clerk, look and see if this day four weeks falls on Sunday."
The clerk looked at the calendar-or pretended to-and replied that the day fell on Thursday, whereupon the judge completed his sentence as follows:
"Very well, then, Mr. Green, you will be hung this day four weeks, in accordance with the law and the verdict rendered by the jury."
James Turney, then attorney-general of Illinois, was present and requested permission to say a few words. Permission being granted he addressed the court in this manner: "May it please the court, on solemn occasions like the present, when the life of a fellow human being is to be sentenced away by an earthly tribunal for crime, it is usual and proper for the court to pronounce a formal sentence, in which the leading features of the crime shall be brought to the recol- lection of the prisoner, a sense of his guilt impressed upon his conscience, and in which the prisoner should be duly exhorted to repentance and warned against the judgment in the world to come."
The presiding judge listened attentively to Mr. Turney's remarks and when the attorney-general had coneluded replied: "Why, Mr. Turney, Mr. Green understands the whole business just as well as if I had preached to him for a whole month. He knows he's got to be hung in four weeks, don't you, Mr. Green?"
The prisoner answered in the affirmative and the court added: "Well, then, the business before the court is settled and the court now stands adjourned."
CHAPTER XIV THE MEDICAL PROFESSION
MEDICINE AN OLD PROFESSION-HOME-MADE REMEDIES-CHARACTER OF THE PIONEER DOCTOR-HIS METHODS OF TREATMENT-HARDSHIPS OF FRONTIER PRACTICE-STANDING OF THE DOCTOR AS A CITIZEN- STARK COUNTY DOCTORS-BRIEF SKETCHES OF OLD-TIME PHYSICIANS -STARK COUNTY MEDICAL SOCIETY-REGISTERED PHYSICIANS IN 1913.
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