USA > Illinois > Vermilion County > History of Vermilion County, Illinois, Volume One > Part 19
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John B. Robinson and Thomas C. Cone seem to have been the first lawyers after Sample. Solomon Banta was admitted to practice along with Moses Cox, Albert H. White and Peleg Spencer at the May term, 1830, on motion of Robinson.
In the twenties, besides those mentioned, were Isaac Pearson, Justin Harlan, James C. Cravens and a man named Strother. James O. Wattles was the first circuit court judge of the fifth judicial circuit. It is still known
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as such. His first act was to appoint Amos Williams of Danville, clerk of the court, during the term of his good behavior. John Lycan took the oath as justice of the peace. William Reed qualified as sheriff.
The first grand jurors were Jacob Brazelton, foreman; John Haworth, Henry Canaday, Barnet Star, Robert Dixon, John Cassaday, James McGuire, Alexander Mc- Donald, Henry Johnson, Henry Martin, William Haworth, Robert Trickle, Isaac M. Howard, John Current, John Lamb, Francis Whitcomb, Amos Wooden, Cyrus Douglass, Harvey Ludington, George Beckwith and Jesse Gilbert. Many of these persons are well known as pioneers of the county. This grand jury indicted two persons for assault and battery. The name of the prosecuting attorney is not given. Amos Williams was also appointed judge of pro- bate, recorder and notary public for the county.
The first court was held at Butler's Point at the house of James Butler, near the present site of Catlin, on the 29th day of May, 1826. The next session was at the house of Asa Elliott near by, on May 30, 1926. The next term was in May, 1828, at the house of Amos Williams. This was the first court held in Danville.
The following term convened October 2, 1828, at the house of George Haworth in Danville. The May term, 1829, was at Haworth's house. The October term, 1829, was held at the court house.
The location of what is known as the first court house is somewhat in doubt. Some writers claim it stood at the southwest corner of the Public Square at Vermilion Street, while others claim that it was one of the corners at the intersection of North and Hazel streets.
In 1828 steps were taken for the building of a new court house. It was finally erected in the early thirties.
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Not long afterward, the site of our present court house was chosen.
William Wilson succeeded Judge Wattles. He was a member of our Supreme Court, and for some time chief justice. There were three supreme court justices in those days and they did circuit duty throughout the state. Each circuit was of large area. Justin Harlan succeeded Wil- son as judge and was followed by John Pearson, who pre- sided over the April term, 1837.
Until 1826, Vermilion County was a part of Edgar, which embraced most of Eastern Illinois. Travel over por- tions of the territory was difficult. There were no rail- roads or wagon roads. There were trails recently broken and some of them not well defined. Much of the prairie was swamp and most of the remaining land was heavily timbered. Accommodations were meager.
There were few law books and few legal precedents in the state. There was little law business and few lawyers, and no records of much consequence are left of them. Some of the Vermilion county histories have something to say about early courts but less about early lawyers. Little can be learned of them prior to 1830. Some of them traveled from county seat to county seat on horseback, with saddle- bags containing their papers.
They were itinerants, but among them were men of much ability, if not much learning. They shared the hard- ships of their time. There was little money and business, and when the usual starving period of a lawyer is consid- ered, it can be understood quite easily that the pioneer law- yers did not usually live in affluence.
With few exceptions, no reference will be made to any lawyers now living, not because many of them do not merit consideration, but we are interested chiefly in those who
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have their reward. It is impossible to appraise the influ- ence of early lawyers upon the development of our state. Among them were men of rugged character, of great in- tellectual power and influence.
An adequate history of the outstanding lawyers of Ver- milion county would make more than one large volume. Prominent facts are given, in many cases without dates, as the author makes no attempt to arrange a chronology of the span of one hundred years in which lawyers have. been more or less conspicuous. There were strong men among them in those early years and they left their stamp upon our history.
Some of them were picturesque, and their character- istics are still matters of tradition. Among them was James C. Cravens, who was prominent in the twenties and thirties. It is not known whence he came. He was de- scribed as a man of giant frame, imposing appearance, great force of character, with tremendous persuasive power. His name appears frequently in cases before juries, which he moved by his rustic eloquence. He lived after the manner of his time and was not afraid of a con- test, either in or out of court. It is not known what be- came of him.
The first petit jury of which we have record was that in the case of the People vs. George Swisher, assault and battery, at the May term, 1828, consisting of Nathan How- ard, Ezekiel Phillips, Aaron Packer, Johnston Foley, George Hitson, John H. Morgan, Frederick Canaday, Na- thaniel Taylor, Adam Sillivent and Zachariah Parhan, and they found the defendant not guilty.
The first divorce case was at the May term, 1827. In that term there were ten criminal cases and they were all for assault and battery, which fact seems to justify the
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statement that many of the pioneers of our county were of fighting stock. Among these ten are some prominent names.
Not much is known of the lawyers of the thirties. Be- ginning in the forties and continuing until 1861 we enter upon a period of unusual interest in respect to those who practiced law in the county. The careers of several law- yers of prominence extend over the later twenties to 1840 and beyond.
Among the most notable was Josiah McRoberts, who came in the latter part of 1831 as receiver of the land office, located here during that year. The first account we have of him as a lawyer is during the April term, 1832. For seven or eight years he was a prominent figure in the courts, appearing in most of the cases. He became United States senator and is the only Danville man who ever rep- resented Illinois in the United States Senate.
Associated with him, first as a law student and later as a practitioner at the same bar was Isaac P. Walker, who went to Wisconsin after some years and was elected United States senator from that state in 1850. McRoberts and Cravens were about the most conspicuous trial lawyers of those times.
Among the first of whom we have much record is John Pearson. He came from New York state to Chicago and Danville early in 1832. The Indians at Chicago were trou- blesome and he left his family at Fort Dearborn for safety, continuing his trip to Danville by the way of Joliet, fol- lowing the trails of that day.
He considered Danville more favorable than Chicago and brought his family here. He was a graduate of Prince- ton. One of his ancestors, Abraham Pearson, was the first president of Yale. He was appointed to the legislature,
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judge of the circuit, composed of Cook, Dupage, Dekalb, Will and Iroquois counties, and took up his residence for a time at Joliet.
His first service as judge in Vermilion County was to preside over the April term, 1837. Before the expiration of his term he was elected state senator and resigned as judge. He was a friend of Stephen A. Douglas and at- tended the first political convention in the state which Douglas had caused to be called in December, 1835, at Van- dalia. He participated in its deliberations. He was a friend also of Gov. Matteson.
He made the overland trip to California after the dis- covery of gold in that state. Later he returned to Dan- ville. He owned most of the land in the southeast part of the city and was largely instrumental in having it set- tled and developed. He brought the first carriage to Dan- ville. A letter which he wrote to a friend in New York shortly after locating here, is probably the oldest in exist- ence describing local conditions, and is prophetic of the development of the state. He died in 1875.
Two events occurred in early times of unusual interest. May 1, 1832, James Huls, a Revolutionary soldier, who served in the Army of Virginia, appeared in open court for the purpose of establishing his claim to a pension. This method of proof is unknown now.
He was a cooper by trade. He listed his property as: Part of set of cooper's tools, nine dollars and five cents; one iron kettle, two dollars; one tea kettle, eighty-seven and one-half cents; one set of knives and forks, thirty-one and one-quarter cents; one dozen plates, seventy-five cents; horse, thirty dollars; one pair gears, five dollars; total, forty-eight dollars, sixty-nine and three-quarter cents.
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Appraisers were appointed by the court to establish the above value. A certificate that he was entitled to a pen- sion was furnished him by the court to be filed at Wash- ington. He stated that he had a wife and stepdaughter, an unmarried woman, to support.
The other instance is that of a colored woman, named Polly, who presented her petition to the October term of the court, 1836, stating that she had resided a number of years in the state but had no certificate such as the law required to enable her to reside in the state free from molestation.
She produced and filed the affidavits of Abraham So- dowsky and Thomas Wright, showing facts in regard to her residence, that she was free and that no person had any claim to her services.
The court ordered the proofs filed and that Polly be per- mitted to continue to reside in the state free from molesta- tion and that the order be taken as the certificate of her freedom, saving however, to all persons the right to estab- lish and assert any claim they might have "to said woman of color or to her services."
This is a forceful reminder of a tragic feature of slav- ery. This woman was Polly Neel, who lived in the San- dusky family in Carroll township. She lived a life of use- fulness and was universally respected.
Other prominent lawyers of the decade from 1830 to 1840 were Justin Harlan, John M. Robinson, Peleg Spen- cer, George Webb, L. B. Taylor, Joseph A. Wright, J. J. Brown, M. Vanderveer, Isaac C. Pearson, Moses Cox and Albert H. White. Some of these men did not live here but traveled on the circuit.
Harlan became judge and for some years presided over the deliberations of the courts. Brown was an orator of
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first rank. White earned a deserved reputation as a lawyer.
Sometimes there appeared on the scene a man noted in Indiana history, Edward A. Hannegan of that state, and who became United States senator. He was known as a first grade lawyer, a brilliant orator and conversationalist, with the abilities of a talented actor.
In the period of 1840 to 1870 are many names, well known not only in Vermilion county, but throughout the state. We find among them John M. Palmer, of Spring- field, a profound lawyer and of public fame. He became governor of his state, and later United States senator, serving with distinction in both capacities. In 1896 he was the candidate of the Gold Democrats for President of the United States. That was the year of William Jennings Bryan's sixteen to one campaign.
Among the early attorneys of high reputation are those of Isaac H. Sconce, John H. Murphy, G. W. Lawrence, Joseph Peters, Josiah McRoberts, son of Samuel McRob- erts, afterwards judge in the Joliet circuit, E. S. Terry, Oscar F. Harmon, O. L. Davis and Robert V. Chesley. There were a number of others, whose first names are not known. Among them are Emerson, Moore, McDougall, Brown, McWilliams and Moses.
McDougall and McWilliams were public prosecutors and handled a great many criminal cases. Murphy was a man of affairs and influence. Lawrence was prominent. Terry came from Indiana, where he had been elected mem- ber of the supreme court. He was a profound lawyer, with a great knowledge of the common law. Harmon lost his life at Kenesaw Mountain. Chesley served in the Civil War. He was a good lawyer with more than a local repu- tation as an orator.
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This period in the history of Vermilion County bar is of outstanding prominence and importance. Much of the time the circuit court was presided over by William Wil- son, already mentioned as a member of the supreme court, and by David Davis, of Bloomington, who was a great lawyer and became a judge of the United States Supreme Court and United States senator from his state.
He was one of the ablest and most eminent men of Illi- nois of any time. He was an intimate friend of Lincoln, and probably had the most influence of any in the nomina- tion of Lincoln for president in 1860. He was often con- sulted by our first martyred president, and was placed by him upon the Federal Supreme Bench. It is thought that Lincoln offered him a place in his cabinet. At any rate, while Lincoln was president, Davis was a trusted friend and adviser. Oliver L. Davis probably had more cases in the courts than any other lawyer of that time. Subsequent to the Civil War, he became circuit judge, served two terms, and for a time was a member of the Appellate Court of this district. He achieved a great reputation as a judge. He is remembered by many who are now living. He and David Davis were not related to each other, but were firm friends.
The history of the bar in this county cannot be written without including the names of many men who lived else- where but practiced in our courts. One of them was Usher F. Linder, of Coles county, who maintained an office in Danville a short time and carried his professional card in the old "Danville Citizen."
Linder was exceptionally able, and was said to be ec- centric. He was an advocate of great power. He had cases in courts in various parts of the state. His reputation as a jury lawyer was not excelled. He served in the legislature
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and a term as attorney general of Illinois. He wrote a volume of reminiscences, entitled "The Early Bench and Bar of Illinois."
O. B. Ficklin, a distinguished lawyer of Charleston, fre- quently appeared in our courts. He was contemporary with Linder and others who are mentioned. The two were intimate friends. He was a man of limited education but of great intellectual power. He was a formidable adver- sary in any case. He understood human nature as few men do and could appeal to the average mind with great success. He served eight years in Congress with much credit.
The most eminent man who practiced law in our courts of course, was Abraham Lincoln. He and his partner, Ward H. Lamon, maintained an office for many years in an old two-story frame building where the First National bank is now.
Many years ago this building was moved to the north- west corner, a block east of the Wabash railroad on Main street, where it was used as a saloon and war museum for Civil War relics, until it was burned some years ago.
Lincoln appeared in a great many cases. Those were the days of settling disputes with lawyers and juries. It is said that people came from all the countryside for the pur- pose of witnessing contests in court.
The headquarters of itinerant lawyers was the old McCormick house, just west of where is now the Lincoln hotel, an old frame building with a porch in front. The lawyers who came from other places to attend the sessions of our courts stopped at that hotel. They were not only interesting as individuals and lawyers but as story tellers. It was always a contest of wits, and these men of stage coach days were keen.
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Lincoln's ability to present his cases in the thought and language of the common people made him unusually strong as an advocate. Hence his name appears many times upon the court dockets. His reputation as a speaker and de- bater was made in part at Danville, and his following was great in this territory. He possessed the confidence of peo- ple in his motives and probity, which finally led to his ele- vation to the highest and most responsible place in the land. There is no need to say more of him here.
Perhaps the most eloquent lawyer that appeared in our courts often, for a space of nearly twenty-five years, beginning in the early fifties, was Daniel W. Voorhees, popularly known as "The Tall Sycamore of the Wabash." He once lived in Covington, Indiana, and later at Terre Haute. He served several terms in Congress and for many years as a member of the United States Senate from Indiana.
He appeared in many celebrated cases, and there has been compiled a volume of his famous speeches, under the title of "Forty Years of Oratory." It is said that he was matchless before a jury. He stood six feet two inches in height and was an Apollo in form.
His voice was music, and so powerful that he could be heard by any outdoor audience. A writer once said his voice could be as gentle as a summer breeze, or could roar like a tempest, and strike all the strains between. When he appeared in a case, the court room was crowded, while many were unable to obtain admittance. He had all the charm and graces of the orator.
In early life he served as federal district attorney His success in securing convictions was so great, that he resigned his office, with the statement that he feared he was sending innocent men to the penitentiary, and that no man
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with his supposed power over juries had the right to be public prosecutor.
There came at times, in very important cases, the famous Robert C. Ingersoll, the charm of whose poetic ora- tory always attracted a full court room. His superb pres- ence, pleasing voice and unexcelled diction were a delight to those fortunate enough to be present. Back of all these, however, was a master mind that made him a dangerous antagonist at all times.
Leonard Swett, of Bloomington, and later of Chicago, was another conspicuous lawyer who came to Danville. He became nationally known as one of the ablest men in the legal profession.
Lyman Trumbull sometimes came in important cases. He was one of the strongest of our state. He became United States senator.
Lawrence M. Weldon, also of Bloomington, and author of some law books, was another famous man who trans- acted business in our courts.
Adlai E. Stevenson, who served in Congress and was elected vice president of the United States with Grover Cleveland in 1888, was a contemporary of those mentioned and sometimes appeared at our bar.
Richard W. Thompson, of Terre Haute, Indiana, a man distinguished and honored in his own state both as a law- yer and public servant, occasionally had cases here. He was a great lawyer, a splendid orator, and lovable man. He served a term as Secretary of the Navy.
Others might be named but available space is too short to mention them.
Danville had once a member of the Supreme Court in the person of Jacob Wilkin, who came from New York State to make his home here. Previously he had served a
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a number of years as circuit judge. He was one of our best judges and one of the ablest members of the Supreme Court. At the time of going upon the circuit bench he was a resident of Clark County in our present circuit.
James A. Outland was a soldier of the Civil War, who suffered much from wounds sustained in action, was a suc- cessful lawyer and later state's attorney.
William H. Mallory came from Indiana and settled at Danville, where he established a high reputation as a lawyer.
One of the exceptions the author makes as to mention of a living person is that of the Honorable Joseph G. Can- non, who served nearly fifty years in Congress and was for eight years speaker of the House of Representatives.
The span of his life covers most of the time included in this statement. He served as prosecuting attorney in this circuit prior to his election to Congress. As a rule, during the time of his service as prosecuting attorney, he traveled the circuit, going from county seat to county seat to attend the sessions of court. It was the end of the circuit rider days. Since then there has been a state's attorney for each county.
"Uncle Joe" knew many of the men mentioned in this sketch. It would have been a valuable contribution to the history of our time if he could have left to us his personal memoirs. They would give us intimate glimpses of the most famous public men in the last three quarters of a century.
Unusually able men entered the legal profession in Ver- milion county following the Civil War.
General John Charles Black of conspicuous service in the Civil War, where he was very severely wounded in action, was a man of distinguished appearance, rare power
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of oratory, a courteous gentleman, good lawyer and desir- able citizen, enjoying a national reputation, and was in de- mand throughout the country as a speaker, especially in political campaigns. He became commissioner of pensions during the first term of Grover Cleveland as president and under President Mckinley was chairman of the federal civil service commission.
Joseph B. Mann, studied law with Oliver L. Davis, married his daughter and became his partner in practice. None excelled him as a lawyer. He was a leader of the Danville bar for many years, and became nationally known in the practice of his profession.
He held but two offices, his last being that of corpora- tion counsel of the city. He adorned his profession. He engaged in the trial of many famous cases in opposition to many able lawyers. His skill in argument and presenta- tion were not surpassed.
He became associated with another man who came in that period, younger in years, a Civil War soldier, of charming personality, a student who became one of the foremost lawyers of our state. He was William J. Cal- houn, who served as state's attorney, a member of our leg- islature, was a friend of President Mckinley, who offered him a position on the Interstate Commerce Commission, which he declined, and who sent him as his special repre- sentative to investigate conditions in Cuba prior to the Spanish-American war.
He was sent by President Roosevelt to Nicaragua on a special mission and afterward became Minister to China, where he served his country with honor to it and to himself. After the expiration of his public service, he resumed the practice of law in Chicago, where he died some years ago. The firm of Mann & Calhoun obtained very high rank.
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David I. Evans came to Danville from Pennsylvania and became one of the leading men at the bar. He served a term as county judge. He was a soldier in the Civil War. As a lawyer, he was one of the best of his time.
Ferdinand Bookwalter migrated from Indiana to Dan- ville in 1870, immediately taking high rank as a lawyer. He was twice elected circuit judge and died during his second term. Upon the bench he served with signal ability. He was one of the most forceful characters ever at the Ver- milion County Bar. It is said that he had the most thor- ough knowledge of the statutes and of court decision of any lawyer in Danville in his day. He was in every sense a successful lawyer of very high rank.
William D. Lindsey located in Danville in 1870, and remained until 1884, when he was appointed by President Cleveland as registrar of the land office in Oklahoma. He was elected county treasurer in 1882, being the first Demo- crat elected to a county office since the Civil War. He died in Washington.
Hiram P. Blackburn is another who began his legal career in Danville, a partner of Gen. John Charles Black. At a later time he served as state's attorney. He died many years ago.
The author has not referred to all that he would like to mention. There are men now living as worthy of notice as those who have passed. It would be a pleasure to speak of them also, but the limitations of time and space will not permit.
It is a privilege to pay tribute to lawyers of Vermilion county, and those who have come into the county in the practice of their profession, who have had much to do with its affairs. They have done their share in its progress and development. They have written one of its finest chapters.
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It is a matter of regret that more is not known of some of them, and that some of them are not known at all.
The Vermilion County Bar Association has always maintained a high standard and its members are recog- nized not only for their legal ability but also for their ster- ling qualities as builders of the county.
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