USA > Illinois > Mercer County > Past and present of Mercer County, Illinois, Volume I > Part 31
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Another important case in which Isaac N. Bassett and John C. Pepper were engaged was known as the Turner will case. William J. Turner, formerly a citizen of Baltimore, Md., bought a large quantity of land in Mercer County and settled in Warsaw, Ill., about 1850, and subsequently in New Boston, Ill., and later died in Aledo, about the year 1875, leaving a will, devising most of his property to Fred Mead and Rachel Mead, his wife, who had taken care of Mr. Turner in the last years of his life, as he was a bachelor. The will was contested by some nieces and nephews, heirs of Mr. Turner, alleging that he was mentally incapable of making a will, and that it was obtained by undue influence. The estate was worth some forty or fifty thousand dollars-over one hundred thousand dollars if it had not been for a banker failing who owed Mr. Turner some seventy or eighty thousand dollars, just a short time before Turner's death. In the trial of the cause in the Circuit Court Mead's attor- neys, besides I. N. Bassett and John C. Wharton, were Benjamin C. Taliaferro, James H. Connell and Lewis D. Holmes, who put on the stand seventy-five witnesses, and succeeded in sustaining the will. There was subsequent litigation over the estate of Turner between Mead and other persons in different courts, among them the Federal Court of the United States, which lasted for twenty-five years.
Luther T. Ball located in Keithsburg for the practice of law in 1856, and continued in the practice until 1862, when he went into the army and was lieutenant of a company in the Eighty-fourth Illi- nois Infantry, and was killed at the Battle of Stone River in Ten- nessee. Mr. Ball was a very good, honorable, upright attorney.
Also in 1856 Charles M. Kay located in Keithsburg for the prac- tice of law and continued to practice in Mercer County for some ten years, part of that time being master in chancery, and then removed to Michigan. There were several other attorneys who were not very prominent and who practiced but a short time in the county. But in 1856 and 1857, after Aledo was laid out and settled, Samuel W. McCoy commenced the practice of law in Aledo and continued to practice for some fifteen years and had considerable practice, but he was a lawyer of very moderate ability. A young lawyer, John M. Shoemaker, commenced practicing in 1860, entered the army in the Civil war and was mortally wounded in the battle of Shiloh, and a young lawyer by the name of Waterbury, who entered the war from Aledo, was also killed.
Walter J. Pepper, a brother of John C. Pepper, commenced the practice of law at Keithsburg about 1870 and had considerable prac- tice for a number of years ; he was an attorney of very good ability
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and had some important cases. Among the cases of importance that he had was one against Dr. George Irvin by Frank Smith for mal- practice. The plaintiff was a boy who was injured by riding in a wagon and Doctor Irvin was called to treat him, and the result was that the young man was left a cripple; and it was charged that it was caused by the neglect of Doctor Irvin giving proper treatment. The case was three or four weeks on trial and created considerable excitement, because Doctor Irvin was a physician of good standing, a prominent man, and the physicians throughout the county almost unanimously sustained him. In fact, about that time there was a county organization of physicians, and suits against physicians on account of malpractice had been frequently brought before and judg- ments obtained against the physicians; and the physicians through- out the county effected the organization, among other things to unite in sustaining all physicians who were regularly licensed and were fair physicians. There was quite an amount of bitterness exhibited during the trial, and considerable between the attorneys; Benjamin C. Taliaferro appeared with Walter J. Pepper, and John C. Pepper, brother-in-law and brother of said attorneys, appeared for Doctor Irvin. The result was that Doctor Irvin was successful.
James M. Wilson later was admitted to practice, having served a term as clerk of the Circuit Court, and entered into partnership with John C. Pepper. Mr. Wilson was master in chancery for a number of years and then was elected judge of the County Court, which he held for one term, and afterwards continued to practice alone until his death, which was very sudden.
J. E. Griffin was an attorney in New Boston in 1860, was elected county judge in 1861, and served one term, and then removed to Los Angeles, California.
Amos Waterman also commenced practice about 1860 and located at New Boston, was county superintendent of schools for one term, and continued in the practice until about 1872, when he removed to Los Angeles, California, where he died.
Charles H. Brass was also an attorney of New Boston, com- mencing practice there not far from 1870, and after about ten years' practice in Mercer County removed to South Dakota.
William McK. Young, who is still living in Aledo, commenced practice in 1860, but taught school, being the principal of the public schools both at Millersburg and Aledo; and then was elected justice of the peace, and filled that office for more than thirty years.
Walter J. Pepper was quite successful financially for a time in the county and commenced farming operations and stock raising,
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having a large farm in Millersburg Township, and practically re- tired from law practice. He was unsuccessful in his farming business and became badly involved financially, left his family and went to Washington Territory, as it was then. His farm property was all sold under execution, and a number of years later his family went west at his request and they were united again, and he is still in Washington, if living. Mr. Pepper. when he went out West, changed his name, and when writing to his wife urging her to come out and live with him again, he told her that he had changed his name, and to come to him as his wife under another name. She replied that if she went out to meet him she would go as Walter J. Pepper's wife, and consequently Mr. Pepper had to reveal his right name, and his wife met him, and he was thereafter known by his proper name, had a farm there, and also practiced law there.
Among the important suits in Mercer County was one against John R. Deeds in 1854. Deeds was indicted for murder, having killed his father-in-law, Doctor Ditto, and was tried in the fall of 1854, William C. Goudy being at that time state's attorney, and he was acquitted. There was a great deal of interest manifested in the case, especially in Keithsburg, the sympathy being almost entirely in favor of the defendant, Deeds. Doctor Ditto was a farmer, a very rough; overbearing, tyrannical man, and it was through his overbearing manner and language that the altercation was brought about in which he was killed.
Another incident occurred in the fall of 1854 in the trial of a civil case. Lewis W. Thompson was attorney for the plaintiff and Leander Douglass for the defendant. Clifford J. Ungles had been a witness in the case. In the argument to the jury, Mr. Thompson characterized some one of the witnesses as being a "swift witness," and in reply to that Mr. Douglass, in his argument, said he did not know what Mr. Thompson meant by a swift witness, but that there had been a witness testifying for Mr. Thompson's client that was death on settlements, Mr. Ungles; and just when Mr. Douglass got that far in his talk to the jury, Mr. Ungles, who was sitting inside of the bar, jumped to his feet, called for protection from the court, and immediately proceeded to assault Mr. Douglass. Douglass, in addressing the jury then, had his back to Ungles, and knew nothing of Ungles' demonstration behind him. Ungles aimed to strike Doug- lass' head, but just when he delivered the blow, Douglass had bowed in addressing the jury and thereby escaped the blow. Judge Weed, who was presiding in the court at that time, was sitting inside of the bar and immediately seized Ungles, shoved him back, and went and took his seat on the bench, and fined Ungles $50.
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Mr. Ungles was a man of fine character, and was very sensitive about any charge affecting his character; and supposed that the lan- guage used by Mr. Douglass was disrespectful. Ungles was never committed, and never paid the fine.
Another important case in Mercer County should properly be mentioned here. In 1897 William Drury died, leaving his property for the benefit of his wife during her lifetime, and at her death his property to be sold and converted into money by James H. Connell, who was made trustee for that purpose by his will; and all of the remaining property, except nine-one-hundredths part thereof, which he gave to certain of his nieces and nephews, was to be used and given to a college to be located in that town in the county that would give the largest amount of money for its location.
Mr. Drury had no children nor descendants of children-Ed L. Drury was a foster-child, but had never been legally adopted, and he did not give him anything in his will. This and some other things dissatisfied Mrs. Drury, and she renounced the will under the pro- visions of the statute and consequently took one-half of his estate. There was a contest of the will by several of the heirs of William Drury, his nieces and nephews ; but the will was sustained. In another chapter there will be given an account of the college. established by Mr. Drury's will.
Another case showing how land titles in Mercer County may be disturbed after a great many years, had its commencment in 1847. Romulus Riggs, of Philadelphia, bought a great many tracts of land in Illinois, and among them as many as thirteen quarter sections in Mercer County. Riggs made a will in 1846 in which he devised the land in Mercer County to his daughter, Illinois Riggs, and in case of her marriage to the daughter and her husband, to be held and used for the benefit of any children that might be born to them under said marriage. Romulus Riggs died in 1846 and his will was duly probated; in 1847 his daughter, Illinois, was married to Charles H. Graff, and a child, Nettie Graff, was born to them during that year. In 1853 a suit was commenced in Mercer County Circuit Court by Chas. H. Graff and his wife, setting out the provisions of the will and the birth of Nettie Graff, and praying the court for author- ity to sell the land by the petitioners in order to obtain money to educate their daughter Nettie. It was alleged in the petition that the land was all vacant, and that the petitioners had no money to pay the taxes levied against said land was another reason why the land should be sold.
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A decree was entered by the Circuit Court in 1854 authorizing James L. Riggs, a son of the deceased Romulus Riggs, who resided in Peoria, as commissioner to sell the land, and under that decree the thirteen quarter sections of land were sold and bought by dif- ferent persons in the county. The purchasers improved the land, and have been in the actual possession of each tract of land for sixty years.
There was another child afterwards in 1863 born to Illinois and Chas. Graff, who was a son and named Chas. H .; and subsequent to that time Nettie Graff died, and still later Illinois Graff and her husband, Chas. H. Graff, died, leaving the son, Chas. H. Graff, who is still living; and now, after sixty years, the real estate having been in the active possession of the persons who improved and cultivated the land for more than fifty years, suit is threatened by Chas. H. Graff against the occupants of all but three quarter sections of land, which had been conveyed by Chas. H. Graff prior to that time.
Chas. H. Graff is now claiming title to the ten quarter sections of land, or about that number, and suits have been entered by nearly all of the occupants of said land in' the Mercer County Circuit Court again Chas. H. Graff to quiet the title to said real estate, and the suits are now pending.
Another suit affecting the interest of quite a number of persons, illustrating the insecurity of real estate titles, arose in the county some years ago. In 1854 Harrison Riggs was residing upon a half section of land in Millersburg Township, and in that year, with two of his sons, went to Texas, leaving his wife and ten other children on the farm in Mercer County. Harrison Riggs afterwards sent one of his sons back to Mercer County with instructions to make sale of some property and then to return to Texas, and bring the mother and family along if she would come; but the mother refused to leave the place and go to her husband. In 1892 the wife of Harrison Riggs died, and thereupon Harrison Riggs wrote to Isaac N. Bassett, authorizing him to sell the half section of land. The children of Riggs in Mercer County set up title to the land and brought suit for partition, making the children of one of Harrison Riggs' sons, who died in Texas, and the wife of the son, parties defendant. Riggs was at that time living with the widow of his deceased son in Texas; thereupon Riggs conveyed the land to his daughter-in-law, and the heirs in Mercer County then set up that Riggs was incompetent mentally to convey his real estate, and that the deed was obtained under undue influence. They also alleged that the land was bought with the money of their mother, and also that when Riggs left Illinois
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in 1854, he had made a contract with his wife in and by which she was to remain on the farm, take care of the children, give them a common school education, and when each of them became of age, give them a horse and $100. They made proof of the compliance with this contract substantially by the wife and mother. One of the other points made in the case was that the father was mentally inca- pacitated to make a deed to his daughter-in-law; the proof sustained the mental capacity and right to make the deed.
Mr. Isaac N. Bassett and his co-partner, Thos. W. Bassett, were employed by Mr. Riggs and later by his daughter-in-law, who was married to a man by the name of Erringdale, to defend the suit brought by the heirs in Illinois. The judge of the Circuit Court entered a decree for the children in Illinois for partition; and Mrs. Erringdale appealed the case to the Supreme Court, and the case was reversed, the Supreme Court holding, among other things, that the contract between Mr. Riggs and his wife in 1854 was illegal; that a married woman at that time could not make any valid or binding contract; and this decision of the Supreme Court settled the title in Mrs. Erringdale. The case may be found on page 403, 148 Illinois Reports.
The common law has since been changed by the statutes so that a married woman now can make a valid contract with any person, including her husband, and can sue and be sued, and hold property in her own right, which she could not do in 1854.
Lewis D. Holmes and James H. Connell both commenced the practice of law in Mercer County about the year 1869. Holmes continued to practice until about 1887, when he removed to Omaha, Nebraska, and died there some two or three years ago. He was a very good lawyer and had very good success both in Aledo and Omaha.
James H. Connell became associated with Isaac N. Bassett and practiced with him from 1869 until 1874; removed to Colorado about 1879, and after some three years returned to Aledo, and was elected county judge, in which office he served eight years, and thereafter continued to practice in Aledo until his death in 1906. Mr. Connell was engaged in some important cases during his practice, but he was not a very close lawyer nor a pleasant speaker to a jury. He gave fairly good satisfaction as county judge and was an honorable, upright lawyer. When Mr. Connell returned from Colorado and became a candidate for judge of the county court, it was charged against him that he was not eligible, the statutes requiring five years' residence previous to election as a qualification for the office of county judge,
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and Connell had only been in the state since his return from Colo- rado a little over a year. Mr. Connell contended that he was eligible, and after his election his title to the office was contested by James M. Wilson, who was the candidate opposed to him. On a trial it was proved that Connell, with his wife, had gone to Colorado, having sold his house and other property in Aledo; and under the statutes of Colorado, in order to obtain a license to practice law, a person must either be a citizen of Colorado or take and subscribe an oath that he intended to become a citizen within six months from the time of his application. Mr. Connell took such an oath and then received license to practice, entered into a partnership with an attorney there and continued to practice between two and three years under that license, and then returned to Mercer County; and testified that he did not go to Colorado with the intention of becoming a citizen of Colorado only upon conditions; that is-that his wife's health was poor, and that if he found it necessary to remain there for his wife's health, he would remain, and if not, he would return; and upon that evidence the Circuit Court held that he had not lost his citizenship in Illinois, and on appeal to the Appellate Court the judgment of the Circuit Court was sustained. The case created a good deal of interest among political parties in Mercer County and the friends of the respective candidates, and also in the legal fraternity on account of the question involved; it being contended that Judge Connell was estopped from saying that he did not intend to lose his citizenship in Illinois by going to Colorado by the oath he took there, and remain- ing to practice under that license for two years and a half after obtaining the same.
The later attorneys in Mercer County who took any prominent part in litigation were Benj. F. Brock, James M. Brock, Guy C. Scott, Alex. McArthur, Creighton Hayes, George A. Cooke, William J. Graham, Thos. W. Bassett, Leander Thomason, David A. Hebel, Oscar E. Carlstrom, Henry E. Burgess, Robert Watson, William T. Church, Friend Church, George Werts, Frank Carnahan, L. D. Kirk- patrick and some others whom it is not necessary to note in this con- nection.
Benj. F. Brock and James M. Brock, his brother, practiced law for a number of years in the county, and were both very good lawyers, and each of them filled the office of state's attorney.
Creighton Hays also filled the office of state's attorney and removed to Denver and practiced there a while, and at present is located in Philadelphia.
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George B. Morgan, who has not been mentioned heretofore, com- menced to practice in Mercer County about 1880, and was for a number of years a co-partner of Benj. F. Brock, and was master in chancery for some twenty years, which office he filled with ability and satisfaction to the courts and legal fraternity. Subsequently, he was a co-partner of Isaac N. Bassett for the practice of law, and then with I. N. Bassett and D. A. Hebel, under the style of Bassett, Morgan & Hebel, but on account of ill health he removed to Los Angeles, California. Mr. Morgan was a very popular man, a man of un- doubted integrity and a lawyer of fair ability.
Guy C. Scott and George A. Cooke both were elected to the office of justice of the Supreme Court of the State of Illinois, Guy C. Scott in 1903, and upon his death in 1909, George A. Cooke was elected to succeed him, and upon the expiration of the term in 1912 Cooke was again elected and is now serving as one of the judges of the Supreme Court of the state, and both of them acquired an excellent reputation as justices of said court.
Henry E. Burgess and William T. Church have both filled the office of county judge of Mercer County, Burgess being the present incumbent. Robert L. Watson is now master in chancery of the Circuit Court and county surveyor.
Of the judges of the Circuit Court Charles B. Larrence was con- sidered by the bar as the finest judge that occupied the bench in Mercer County, and he acquired a fine reputation as one of the justices of the Supreme Court, and afterwards practiced law in Chicago until his death. George W. Pleasants, of Rock Island, who subsequently was judge of the Circuit Court for many years, was considered universally by the bar as being next in ability to Judge Larrence, and by many claimed to be fully equal to Judge Larrence. And Judge William H. Guest, who filled the office for a number of years and died while occupying that position, was universally con- sidered as a very able judge. The other judges of the Circuit Court of Mercer County were John J. Glenn, of Monmouth; Hiram Bige- low, of Galva; Frank D. Ramsey, of Morrison; Emory C. Graves, of Geneseo; Robert W. Olmsted, of Rock Island, the three last men- tioned being the present incumbents.
The judiciary of the county has stood as high as any of the sur- rounding circuits, and the bar of Mercer County has always main- tained a very excellent reputation in the adjoining counties and with the judges who presided in the Circuit Court of said county.
Among the attorneys of prominence who attended the courts of Mercer County from other counties was Thomas G. Frost, of Gales-
PAST AND PRESENT OF MERCER COUNTY
burg, who was a lawyer of excellent ability, and who attended the courts in Mercer County for about ten years, from about 1866 to 1876-the exact dates are not known. He assisted in the trial of some cases of considerable importance, afterwards removed to Chi- cago and had a large practice there, and died while living in Chicago.
There was one attorney in Mercer County that has not been men- tioned who was very prominent. Mr. Cox, who was a bachelor and resided with his brother near the line in Knox County, attended the circuit courts of Mercer County, commencing with 1856, for about ten years. Mr. Cox was also a very prominent political speaker, being a republican, and would frequently, during a term of court, speak in the evenings on some political question, and especially during the period of the Civil war. He was not a good lawyer, but he was a good orator; full of wit; and could tell a story either in a political speech or in an argument to a jury with all the ease and facility and appropriateness with which Abraham Lincoln could always illustrate his points by a story. Mr. Cox, in addressing a jury, would nearly always during his address turn to the audience in telling his stories, and the old farmers and others who would listen to him would stand with open mouths, thinking that he was the greatest lawyer that they had ever heard. He would bring down the house, both in his political and jury speeches, with roars of laughter. He was not a deep lawyer, did not often make a logical speech, but could make a very good point with his stories. In preparing his pleading he did not show any great versatility in the law, and was defeated in the points that he raised in regard to his pleading in a great majority of cases.
Another lawyer I have mentioned heretofore as attending the courts of Mercer County was Charles M. Harris, of Oquawka. Mr. Harris was a regular attendant of the circuit courts of Mercer County from early in 1850 until about 1869, when he removed to Chicago. Mr. Harris was a large, heavy-set man, heavy-jawed and had a strong voice, and argued a case with great energy, and he was quite a good lawyer ; not only a good lawyer, but a careful lawyer. Among the cases that he had in Mercer County was one for a client in New Boston. His client was Mrs. Sabra Ann Sink, an heir of J. R. Denison of New Boston. J. R. Denison owned a large portion of land in the vicinity of New Boston, all of which was sold by the administrator for the payment of debts, and the land was improved, farmed and held by the following persons, to-wit: William Drury, Courtney Drury, Pettis Finch and Thos. Willits; some of the farms had been very highly improved. Separate suits were brought against
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each of the defendants in ejectment, and judgment given in the Circuit Court in favor of the plaintiffs; and the several defendants appealed to the Supreme Court, which reversed the decision of the Circuit Court and held that the defendants had a good title. Chas. M. Harris was assisted in the Supreme Court in the trial of the cases by Blanchard & Leland, and the plaintiffs in the Supreme Court, being the defendants in the Circuit Court, were severally represented as follows: William C. Goudy, J. R. and I. N. Bassett. John C. Pepper was the attorney in all of the cases for the defendants in the Circuit Court, except Courtney Drury. The case will be found to be reported in the 46th volume of Illinois Reports. The property involved in the suit against William Drury was that which contains the fine residence occupied by William Drury when he died.
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