USA > Illinois > DeKalb County > Past and present of DeKalb County, Illinois, Volume I > Part 47
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78
326
PAST AND PRESENT OF DE KALB COUNTY.
labors they had wrested from a state of nature, and had made beautiful and fruitful as the "Gar- den of the Lord."
We who have entered so largely into the results of their labors and sacrifices and have benefited so much from them, do well on such occasions as this to recall their memories and bestow the tribute of our gratitude and kindly remembrance.
THE BENCH AND BAR.
Judicial proceedings began very early in the history of De Kalb county, and through a long and most honorable career they have been conducted upon a plan that has been at once the pride of our citizens and the envy of surrounding juris- diction. The story of our courts has added Istre to De Kalb county history and honor to a high calling.
The first session of the court was held at the house of Rufus Colton in Coltonville, on the 9th day of October. 1838. Judge John Pearson presiding. The first suit was that of Erasmus Walrod vs Stephen Sherwood. This case was an appeal from a justice court. and the judgment of the lower court was sustained. There were twenty cases on the docket at this term. The June term of the circuit court convened at Coltonville, with Judge Thomas Ford presiding. While the court was in session the board of county commissioners ordered its clerk to notify the Judge that the new court house was ready. Captain Eli Barnes served the notice upon the Judge. Judge Ford decided that the court must remove to Sycamore. According to Boise. "Judge Ford took his record under his arm, States Attorney Purple bundled up his papers, the sheriff. lawyers. jurors, parties and witnesses followed suit, and. led by Capt. Barnes on that well known spotted horse that he rode upon all public occasions for more than twenty years later. all took up their line of march through the thick woods and across the green prairies, to the new seat of empire at Sycamore." Judge Ford presided at cach session of the circuit court from 1839 to 1811 inclusive. Ile was fol- lowed by Hon. J. D. Caton of Chicago, from 1842 to 1819. Judge T. Lyle Dickey of Ottawa, fol- lowed in 1850. He was succeeded by Judge Isaac G. Wilson of Geneva, in 1851. Hon. Allen C. Fuller. of Belvidere, next discharged the duties
of that oflice. Hle remained on the bench but a short time, however, resigning to receive the ap- pointment of Adjutant General, and Hon, T. D. Murphy of Woodstock, was elected to succeed him in 1862. He was re-elected June 27, 1867, and served until 1829.
By the act of 1817, three judges were elected to each circuit, and Judges Clark W. Upton of Waukegan. Isaac G. Wilson of Geneva, and Chas. Kellum of Sycamore, were commissioned for this circuit : they were followed by Geo. Brown of Wheaton, II. D. Willis of Elgin, and Chas. A. Bishop of Sycamore, who are still on the bench.
Every bar has a number of natural born lead- ers of men, advocates skilled trial lawyers, bril- liant orators, and DeKalb county bar form no exceptions. The first lawyer to take up the prac- tice of his profession in DeKalb county was Mr. ('rothers, who located in Coltonville when the vil- lage was laid out in 1837, and remained until the county seat was removed to Sycamore, when he moved to Ottawa, where he became associated with T. Lyle Dickey. Mr. Crothers was a man of great natural abilities and desired a wider field for work. Andrew J. Brown was the second lawyer to locate in DeKalb county. He was soon followed Messrs. Masters. Favor. E. L. Mayo, and W. J. Hunt. E. L. Mayo, however, was the only one of them to practice law successfully, the others either giving up their profession and entering other lines of business or moving to some other location. The names of members of the bar dur- ing the earlier history are John L. Beveridge, who is located in Sycamore and opened a law office in 18.19. but removed to Evanston in 1854, he was afterward governor of Illinois; Jacob A. Simon, who removed in the 60's to Missouri Valley, Iowa : .A. C. Allen, who in the second decade of our county's history had a larger practice than any lawyer in the county: D. B. James. Zelotus B. Mayo. William Fordham, O. S. Webster, A. C. Bryant. Gilbert Winters. Volney Owen. Chas. Balliette. F. P. Partridge, Mr. McBroom, Geo. Kretsinger. J. H. Sedgwick. L. E. Hay. J. J. McKinnon. R. L. Divine. JJ. Frank Mecker, O. J. Bailey and A. C. Babcock. Among the members comprising the bar during the last three decades. are from Sveamore: Luther Lowell. Chauncey Ell- wood. George S. Robinson. H. A. Jones. George Brown. Frank E. Stevens. D. J. Carnes. J. B.
32:
PAST AND PRESENT OF DE KALB COUNTY.
Stephens, G. II. Denton, J. L. Pratt, J. II. Ken- yon, Chas. A. Bishop, George W. Dunton, J. J. Flannery, W. C. Kellum. L. F. Hodge, A. H. Waterman, II. S. Earley, C. D. Rogers, Walter Langlois, Thos. W. Cliffe, Adam C. Cliffe, J. W. Cliffe, J. N. Finnegan, H. T. Smith, John Fais- sler and E. M. Burst; from DeKalb, E. B. Gilbert, Thos. MI. Hopkins, W. L. Pond, W. L. Rathbone, I. V. Randall, D. E. Reed, C. A. Boise, J. E. Mat- teson. A. G. Kennedy, Il. W. Prentice and J. S. Orr: from Sandwich, E. G. Coe, W. W. Sedgwick, S. B. Stinson, J. 1. Montgomery, J. B. Castle. Eugene Randall and John W. Blee; from Genoa, G. E. Scott and A. S. Hollenbeak, and from Somonank, C. B. Olmstead.
Among the members of the DeKalb county bar who have served as county judges are: Ilon. E. L. Mayo, three terms, being elected in 1849, serv- ing till 1857; Judge George II. Hill of Kingston (who was not admitted to the bar) presided on the bench till 1861, when E. L. Mayo served another term : IIon. D. B. James, who served from 1865 to 1869: Hon. Luther Lowell, whose term extended from 1869 to 1872: Hon. Geo. S. Rob- inson, who served from 1877 to 1882, resigning on account of business which needed his attention in Vermont. In July, 1882. Hon. S. B. Stinson of Sandwich, was appointed by Governor Cullom to fill the unexpired term of Judge Robinson, and was elected at the following election. hut he was compelled by poor health to resign the judgeship in February, 1883, and April 3, 1883. Judge Imther Lowell was elected to fill the vacancy ; C. A. Bishop served from 1886 to 1897: W. L. Pond, present county judge. was elected to fill vacancy caused by Judge Bishop's resignation in 1897, and was re-elected in 1898.
As a learned profession, the law is justly ranked foremost in our county, and the story of the men who have made its history in DeKalb county is the story of men who have been foremost in our history and progress. Among some of the most influential are the following with a short sketch of their lives :
Richard L. Divine was born September 27, 1832. in Fallsburg. Sullivan county, N. Y. He was educated in the common and a select school He studied law for a time in Monticello, N. Y .. and afterwards with Hon. E. L. Mayo in Syca- more, and was admitted to the bar in this state
in March. 1860, and practiced in Sycamore until he died, in August, 1882. lle had a large prac- tice. although he devoted a part of his time to the banking business, in which latter business he accumulated a fortune. Hle was a man of strong will, wonderful energy and great application, and as a trial lawyer ranked with the best in this part of the state. He was a Republican, but did not give much attention to politics or society. He de- voted his energies to the law and to his banking business, in each of which he was very successful.
Hon. Luther Lowell was born May 14, 1827, at Brookfield, Orange county, Vermont. Ile is a graduate of Middleburg College, Vermont. and spent his younger years in teaching. He came to Sycamore in 1856, studied law with the firm of Mayo & James, and was admitted to the bar in 1857. He commenced practice in partnership with his preceptors, and afterwards at different times was in the firms of James, Lowell & Ell- wood, Lowell & Sedgwick, Lowell & Meeker. Lowell & Carnes and Lowell & Pond. As mentioned in another part of this article, he was for many years county judge, an office for which he was by nature peculiarly fitted, and he brought the probate practice in that court to a high standard of excellence. He was for several years, master in chancery of the circuit court of this county, where again his hahits of thought and business methods made him a valuable and efficient officer. He was never engaged extensively in litigated business. and was not what is termed a jury advo- cate, but in chancery, probate and office business he ranked with the best lawyers, not only of this county, but of this part of the state. He is still living at Sycamore, but because of poor health has retired from practice.
Eli B. Gilbert was horn in Lanrens, Osage county, N. Y., April 12, 1822, and died in De- Kalb August 30, 1895. He had an academic education. He came to DeKalb county in 1847 and was admitted to the bar in 1858, and practiced law in DeKalb until the time of his death, which occurred in 1895. IIe did a large office business, and was for many years justice of the peace in DeKalb. He never sought or enjoyed the con- tests incident to the practice of a trial lawyer. but was regarded as a good counselor, and was highly esteemed at the bar and in the community in which he lived.
328
PAST AND PRESENT OF DE KALB COUNTY.
Ira Vail Randall was born at Mount Holly. Vermont, March 2. 1>20, and died in DeKalb January 12. 1891. Ile had an academic educa- tion : was admitted to the bar at Rutland, Ver- mont. in 1842. In 1856 he came to DeKalb, where he practiced his profession until his death. In his later years he was not in very active prac- tice. because of failing health. At an earlier date he had a large practice and a good reputation as a trial lawyer. Ile was a man of very gentle- manly demeanor. A Republican in politics and a good public speaker. and devoted considerable of his time to public speaking on various topics.
George S. Robinson was born June 21. 1821. in Derby, Orleans county. Vermont, and died in Sycamore in 1891. Was admitted to the bar in 1816 in Vermont. He spent a part of his carlier years in teaching. and practiced his profession for several years in the south. In 1866 he moved to Sycamore and entered into a partnership with Charles Kollum, which lasted four years. He afterwards practiced here until Is8 ;. when he was elected county judge, which office he held five years. He also held the office of master in chanc- ory for a number of years, and was for many years a member of the State Board of Charities. Judge Robinson was a gentleman in every respect and very highly esteemed in the community where he resided Hle had a large acquaintance among the public men of this state. all of whom held him in high regard. He was a very pleasing public speaker and filled every office to which he was called with credit to himself and to the satisfaction of the people. He never entered largely into what is known as jury business, but gave his at- tention to other branches of his profession and to his private business, which in later years became quite extensive, and was always a much esteemed and respected member of the bar.
Edward L. Mayo was born April 2. 1802. in Moretown, Washington county. Vermont, and died November 16, 1874. at DeKalb, Illinois. He had an academic education and studied law at Montpelier. Vermont. and was there admitted to the bar in 1835. In 1841 he came to Sycamore and was in practice there until a few years be- fore his death. for several years holding the office of county judge, as will be seen by reference to other parts of this article. Ile ranked high among the lawyers of this part of the state during his
active business years. Law books were then not numerous and the practice did not involve large interests. He had no taste for speculation, but had a fine legal mind and was an excellent law- ver. both from the lawyer's and layman's stand- point. Ile never acquired a large property. be- cause there was no opportunity except in specula- tion and investments to acquire one in this county in his profession in his day. but he left an enviable reputation at the bar that will long survive him.
Charles Kellum was born in Dimock, Susque- hanna county, Pa., March 16, 1821. He is a self educated man and has an academic education. lle was admitted to the bar in LaPorte, Indiana. and came to Sycamore in 1812, where he engaged in the practice of his profession. a part of the time in the firms of Kellum & Robinson, Kellum A Balliet, Kollum & Carnes and Kellum & Steph- ens. Hle was three times elected circuit judge of this judicial circuit, as noted in another place in this article, and was at one time state's attorney for the circuit, when the duties of the state's at- torney extended to the whole circuit instead of being confined to this county as now. For many years he was engaged in substantially all the im- portant active litigation of this county. He ex- celled as a jury advocate and was what is known among lawyers as a "legal mind." Few men have so broad comprehension and clear expression of propositions of law as Judge Kellum. He was an ideal trial judge. In the days of his active practice the amounts involved in litigation were small. Ile was always moderate in his charges of fees, and never engaged in speculation and business, in which field many lawyers of his day acquired wealth. He is a Republican in polities. but not a politician. and successive elections to the office of circuit judge were due entirely to the esteem in which he was held as a lawyer and a man by the bar and the people of the circuit. He is still engaged in the practice, though not ae- tively.
Stephen B. Stinson was born October 3. 1829. in Boston. Mass .. and died in Sandwich. Ill .. in 1899. He was a graduate of Dartmouth College. Was admitted to the bar at Albany. N. Y., in 1850. In 1856 he came to Sandwich. where he practiced his profession until the time of his death. in 1899. being at one time county judge of this county. He never engaged in litigated prac-
329
PAST AND PRESENT OF DE KALB COUNTY.
tice to any great extent, but was a good office lawyer and safe adviser, and as such a very val- uable man to the community in which he lived. He was very much esteemed by the other mem- bers of the bar and was very much of a gentleman with literary taste and tendencies that impelled him to a quiet life rather than to the active bustle of such professional work as the country afforded in his younger days.
Chauncey Ellwood was born December 14, 1816, in Minden, Montgomery county, N. Y., and died at Sycamore, Illinois, in 1897. He had an aca- demic education ; was admitted to practice in Illinois in 1858, and practiced at Sycamore a few years in the firms of James, Lowell & Ellwood and Owen & Ellwood. He was by nature a busi- ness man more than a lawyer. He took an active interest in public affairs and held many public offices. His private business was always large. and he acquired a considerable fortune in its management. Though for more than twenty-five years before his death he did not practice his pro- fession, he always took a great interest in the bar and attended its meetings, and was much esteemed by the members of the bar. as well as by the com- munity generally.
ITarvey A. Jones, nestor of the DeKalb county bar, is of Scotch and Irish and Welch descent, opened his eyes first in the Hoosier state in 1837, and was a boy of the farm. He entered Wabash College and two years later Lombard University. Ile, like most lawyers of his day, began his active work for himself as a pedagogue. He studied law with Hon. A. M. Harrington, Geneva, III., and finally graduated from Law Department of the Michigan University. Mr. Jones first formed a partnership with Hon. Dan. B. James, which lasted three years. In 1880 he formed a partner- ship with C. A. Bishop, which continued until the latter became county judge, and at present he is senior member of the firm of Jones & Rogers. Mr. Jones is distinctly a trial lawyer, a tireless worker, and an antagonist at the bar whom the opponents always consider dangerous. His suc- cess as a practitioner in the appellate and supreme courts has been marked. Mr. Jones is an om- nivorous reader. a staunch Republican, a presi- dential elector in 1888, was a strong advocate of temperance. and strange perhaps to many it may seem, but no less true. a theologian. He once
preached a sermon of such force and power that even the speaker himself was surprised at the religious fervor created. Mr. Jones has fought his way to prominence and now. in his three score and ten years, enjoys the fruits of his successful struggle.
Thos. M. Cliffe, senior member of the firm of Cliffe Bros., was born in 1866, educated in the Sycamore schools, graduating in 1883. He en- tered the office of Jones & Bishop, and later graduated from the Union Law School. Chicago. lle immediately demonstrated his ability as a trial lawyer and at present has no superior at this bar. He has also shown marked ability as a criminal lawyer and has won many notable cases. He is an effectual campaigner, and has done loyal service for the Republican party. At present he is master in chancery. Mr. Cliffe is still a young man, with a bright future that will answer to his bidding.
Geo. W. Dunton of the firm of Carnes & Dun- ton. was born in Belvidere, Ill., in 1854, was a student of the Belvidere schools and at the age of 17 entered the University of Iowa, graduating in 18:5. He entered I'nion College of Law in Chicago and two years later was admitted to the har. ITis father was a man of splendid business ex pacity. Mr. Dunton inherits those qualities and his career as a business man has been as suc- cessful as his work at the bar. He is a man of New England heritage, possesses those qualities of thrift and industry common to many descendants of those states, poor in soil, but rich in a vigorous, honorable manhood.
In the firm he has assisted to prominence he was known as the silent member, not often taking part in trial cases. His work was none the less efficient, however. He is a deep and thorough student and goes to the bottom of whatever he turns his hand to. As a counselor, a business law- ver, a man of profound mind and strong character he has no superiors in our part of the state.
D. J. Carnes, one of the foremost practitioners of his profession in Northern Illinois. is of New England origin. having the blood of the three vigorous races that constitute the nationalities of the British Isles: but for over two centuries his immediate ancestors have been residents of the land of the Puritans and Mr. Carnes himself exhibits a truly New England flavor.
330
PAST AND PRESENT OF DE KALB COUNTY.
He was born and reared on a "Vermont farm," where a lazy man finds life unbearable, and no donbt his habits of industry and thoroughness were firmly founded during this period of his life.
His educational training after leaving school was for the profession of teaching and he gradu- ated from the Vermont State Normal, then fol- lowed that vocation until he entered the law of- fice of Hon. Charles Kellum, being admitted to the bar in 1875. He formed a partnership with Mr. Kellum and later with Judge Lowell. He next became associated with the firm, known so long and favorably as Carnes & Dunton.
Mr. Carnes' advance in his profession was rapid and he soon took front rank at the De Kalb county bar, and soon appeared in other counties and in the Appellate and Supreme courts, so the field of his practice is as extensive as any lawyer in our part of the state. He is a forceful speaker. a close reasoner, has a philosophie mind and a quick per- ception, is a strong trial lawyer and a good coun- selor. He succeeds well in many different lines of legal work so that no particular line of practice gives his legal career special emphasis. He is a man of probity. well read. and possesses th' true genius of a typical Yankee.
MEDICINE AND SURGERY.
The various branches of medical science are well and ably represented in De Kalb county. From the day when Old Shabbona and his herbs quit the practice of this noble calling in this county. it has been represented by a lot of sterling. self-sacrificing men, and at no time did it stand higher in the estimation of our people than at the present tinie.
In general. this is a healthy locality. no viru- lent epidemies are recorded in its history. but what over emergencies have arisen they have been met by our physicians and conquered.
The progress we are making in all matters sani- tary which tend to prolong life and happiness. is largely due to the leadership of our learned doctors of medicine. The illustrations which accompany this sketch. while they do not exhaust the list of those who have and are practicing medicine in the county, are fairly representative of the men who stand in the foreground of one of the most advanced of our learned professions.
Dr. Iloratio F. Page, the first permanently located doctor in Sycamore, was born at Ilawley, Franklin county, Massachusetts. September 22, 111. His parents, Levi and Cynthia Macomber Page were both natives of Massachusetts, and they gave their son the advantages of a good education. He studied with Dr. Winslow. in Charlemont, Mass .. three years and finished his studies at Wil- liamstown, Mass. In 183; or "38 he came west to DeKalb county, locating in Genoa, where he re- mained for about a year and in 1838 or '39 settled permanently at Sycamore. A few years later he went back east, and in 1849 was married to Eliza A. Pratt at Pittsfield. Mass. They lived congenially together. and she died in 1×89. Dr. Page was a member of the Congregational church, a Republican in politics and a straightforward man. He was the first physician of Sycamore and lived on what is now the C. O. Boynton place. Ile practiced medicine at the county seat from 1839 until three months before his death, which occurred June 23, 1873, when he was 12 years of age.
Dr. Stephen Newell Fish was for many years the most celebrated physician in southwestern DeKalb county. His practice extended through the territory between Ross and Melugin's Grove and from Milan to Earlville. He was of Vermont parentage. possessed an academic education and was a graduate of Rush Medical College. His wife was Miss Libbie Cory. of Pawpaw. Two boys were born to them, both of whom sleep by the side of their father in the cemetery at Pawpaw. In early days everybody knew Dr. Fish and loved him for his sterling worth.
Another of the old time physicians of the south part of the county was Col. Ryan of the 15th Illi- nois Volunteers. He began the practice of medi- cine in that section in the early 50's, and when the war broke out he went to the front with his regi- ment. and when he returned settled at AAmboy. where he died. Many old settlers of south De- Kalb county well remember the kindly ministra- tions of Dr. Ryan.
Dr. Orlando M. Bryan, lately deceased, was for years a prominent physician of Sycamore and one of the pioneer medicine men of the county. He first saw the light of day in Fairfield. Herkimer county. New York. July 6. 1823. and was a son of Dr. M. L. and Phobe (Whiteside) Bryan. He
331
PAST AND PRESENT OF DE KALB COUNTY.
received a common education of medicine, finish- ing his education and receiving his degree at the University of New York City in 1844. At the age 23 years he came west and located near Sycamore. Later. in the year of 1849, he was married to Jane Leslie Voorhees, daughter of James and Martha Voorhees of Onondago county, New York, and to them six children were born. Jane Leslie, the only survivor, is the wife of Elthom Rogers. Dr. Bryan did much toward the growth of Sycamore, the town which he grew up with. He gave his undivided attention to his medical duties until 1861, and then served during the war as physician and surgeon, receiving his discharge in 1866, at Santa Fe, N. M., while he had the rank of colonel, by brevet. Giving up the army life, he resumed practice in Sycamore and min- istered to the fors of fleshly ills until failing health, in 1873, compelled him to seek another climate, and during the last years of his life he passed the winters in California. He died in 1892.
Dr. Ellsworth Rose was born in Sherburne. Chenango county, New York, March 26, 1811, and died in Sycamore, Ill .. January 19, 1892, in his 81st year. He was educated for the medical profession at Willoughby Medical College, Ohio, and began the practice of his profession in Evans, Erie county, New York. He removed to Sycamore in 1843 and was for many years in successful prac- tice of his chosen calling. All lines of reform found in him a warm-hearted, clear-headed and earnest advocate. He was true to his convictions when adherence to them might mean loss of popularity and friends. He had an unusual knowledge of human nature and correct judgment of character. His judicial cast of mind would have made him eminent as a consulting jurist if he had chosen the legal profession. It may be worthy of note that Dr. Rose and Dr. O. M. Bryan, who were in contemporary practice in Sycamore from an early date, both died in the same year.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.