USA > Illinois > Peoria County > Peoria > Peoria city and county, Illinois; a record of settlement, organization, progress and achievement, Vol. I > Part 60
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He was a man of about medium height and weight, had a heavy shock of black hair, which showed but slight acquaintance with either comb or brush; heavy eyebrows, small piercing eyes, prominent Roman nose, thin lips covering firmly set teeth, protruding chin and full beard, less the mustache. His ill fitting clothes seemed to be hung upon him without reference to appearance. He wore low shoes, often down at the heels, and, if tied at all, they were tied with leather shoestrings.
But with all these peculiarities Henry Grove was a man of power as well in political life as at the bar. As might be supposed from his antecedents, he had an utter contempt for the aggressions of the slave power, and early es- poused the cause of the Anti-Nebraska party. He was elected to the legislature in 1854, and recorded his votes with others of that political faith, and when the tug of war came in 1860 he was made a delegate to the national convention, and had the honor of voting for Abraham Lincoln as a candidate for president of the United States. He was loyal to the core, and although too old, as he
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said, to go into the army, he was one of the most liberal supporters of those who did go. At the time of his death the Peoria bar passed a series of resolu- tions commemorative of his life and services, and upon presentation of the same to the circuit court, William F. Bryan gave the following sketch of his character: "It is superfluous to say that Mr. Grove had traits of character which made him peculiarly notable. His presence was always manifested by some demonstrative act. With but a limited education he had a rare command of the sturdy elements of his mother tongue. He was laboriously diligent in the practice of his profession and was always energetic and aggressive in behalf
of his clients. * He loved the court room and the excitement incident to its proceedings. His whole professional career has passed like a popular panorama before the public eye. Better, therefore, perhaps than any of his contemporaries, has he delineated his own character, and as it were so molded and shaped it that like the statue of a sculptor it stands forth seen and recog- nized by all men." Henry Grove died in the month of May, 1872.
Alexander McCoy was a native of Pennsylvania, was graduated at Wash- ington College in the class of 1844, was admitted to the bar in Ohio about the year 1850, after which he came to Peoria and formed a partnership with Henry Grove, in 1851. In 1856 he was elected state's attorney for the sixteenth circuit, for the term of four years, and was reelected to the same office in 1860. The duties of this office he discharged with signal faithfulness and ability. In 1861 he formed a partnership with Judge Purple, which continued until the latter's death in 1863. In 1864 he was elected to the lower house of the legislature on the republican ticket. llis ability as a lawyer was at once recognized by his being made chairman of the judiciary committee, which made him the leader of the house.
When the thirteenth amendment to the constitution of the United States was submitted to the legislature of Illinois for ratification and the same had passed the senate, it was upon the motion of Alexander McCoy that the same was at once ratified by the house. By this prompt action of its legislature the state of Illinois was the first to place the seal of immortality upon the brow of her noblest son, by its ratification of this amendment, insuring perpetual free- dom not only to the black men of the south, but to every human being wherever our flag floats.
Upon the retirement of Judge Marion Williamson from the bench in 1867, a partnership was formed between himself. Alexander McCoy, Lorin G. Pratt and John S. Stevens, which continued until the death of Judge Williamson, the year following. The business was then continued under the name of McCoy & Stevens until 1870, when Mr. McCoy retired and took up his residence in the city of Chicago. There he had at different times as partners, George F. Hard- ing, Lorin Grant Pratt, C. B. McCoy and Charles E. Pope. About the year 1887 he retired from business and in January, 1889, removed to California, where he died on February 10, 1893.
His late partner, Charles E. Pope, in writing to the surviving members of his college class in 1894, pays him the following beautiful and truthful tribute : "I can truthfully say that closely he approached my ideal of what the lawyer and true man should be. He was by nature and practice an honest man. This characteristic, united with great knowledge of equity principles and practice, made him a most excellent equity lawyer. His manner of presenting his case in court impressed those who listened to him with the feeling that he thoroughly believed in the justice of the cause he was advocating. His force of character, his rugged common sense, his careful, conscientious preparation of his case, his cool analytical dissection of the facts and law, usually led to success. Mr. McCoy's ability as a lawyer was well known to the public at large. His clients were among the most prominent citizens here. As regards his character as a man it is hard for me to speak in terms of moderation. His standing among his professional brethren was unchallenged. He was trusted and respected by
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all. Most genial, and gifted with a keen sense of humor, he was a most de- lightful companion. Those who have known him cannot, I am sure, but have been led thereby to a higher realization of what man can and ought to be."
Jonathan K. Cooper was one of the early members of the Peoria bar. He was a native of Pennsylvania, grandson of Robert Cooper, a noted Presby- terian divine and chaplain in the Revolutionary army. His father was John Cooper, who for many years was principal of a classical academy at which the son received his early education, and where he laid the foundation of that liter- ary taste and that felicity in the use of pure English for which he was noted. At the age of seventeen years he entered Jefferson College, an institution of high grade, located at Cannonsburg, in western Pennsylvania, and was graduated in 1835. He afterward pursued a course of study of the law in the law school attached to Dickinson College, in Carlisle, where he came in contact with such men as Justice Gibson, Thaddeus Stevens and other leading lawyers of the state.
Upon the completion of his course he was admitted to the Carlisle bar, about the year 1839, soon after which he came to Peoria. As a lawyer Mr. Cooper was conscientious, painstaking and extremely careful of his clients' interests. He was modest and retiring to a fault, generally underrating his own abilities, while probably overrating the ability of others. By cultivation he had become accustomed to the use of the choicest language, which he never lost sight of even in the heat of debate. He was a forcible, although not brilliant speaker, but he fully made up for this apparent defect by the earnestness of his manner, the force of his language and by the most admirable choice of words in which he was accustomed to express his thoughts.
Mr. Cooper was not ambitious for fame, nor was he ever an aspirant for any office, but quietly and industriously pursued the practice of his profession as long as the state of his health would permit. He had a supreme contempt for everything low or vile, and never would on any occasion countenace a sug- gestion of vulgarity, either at the bar or in his intercourse with his fellow men. lle, as well as others, sometimes became the object of Mr. Grove's ridicule, but Mr. Cooper was able to cut back with a keen blade. On such occasions it was a contest between the tomahawk of the son of the forest and the polished steel of the knight errant. Yet, opposite as they were in character, they were warm friends and each enjoyed the confidence and esteem of the other.
At the time of his death it was truthfully said of him by HIon. H. B. Hop- kins, one of his associates at the bar: "For many years he enjoyed more of personal regard and friendship. and the kindly expression of them, more of the love and trust of home friends, of professional associates and business patrons than falls to the happy lot of many men of our times and locality. * It is with regret, with grief and a tear that we contemplate the broken tie which bound him to us, and place a fresh memory along with that of those who have preceded him. *
* And in amiable qualities, in gentleness and sweetnes of life and character he had few equals among the living or departed of our generation."
About the year 1857 two brothers, Ebon Clark Ingersoll and Robert G. Inger- soll, came from Gallatin county to Peoria. They were both immediately recog- nized as talented young attorneys, and, both being democrats, they soon took prominent positions in that party. The elder brother was then a representative in the legislature from the fourth district, and after the death of Owen Love- joy, in March, 1864, he was eleced as a republican to succeed the latter in congress. After the expiration of that term he was elected three times in succession to represent the fifth district. Having failed in his reelection in 1870, on account of the breaking up of party lines, he retired to private life in Washington city, where he continued to reside until the time of his death. He was in congress at the time of the close of the war, and took an active part in the proceedings of that body during the exciting time of the reconstruc- tion of the Union.
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Robert G. Ingersoll was regarded as an able lawyer, but was not so suc- cessful in politics as his brother. In 1860 he ran for congress as a democratic candidate against Judge William Kellogg, the republican candidate. In 1861 he went into the army as colonel of the Eleventh Regiment of Illinois Cavalry. Ilis experience in the army wrought a complete revolution in his political views, and ever afterward he was an ardent republican. From February, 1867, to January, 1869, he held the office of attorney general, by appointment of Governor Oglesby.
In 1868 he was a candidate before the republican state convention for the office of governor, but was defeated by the friends of General John M. Palmer, who was subsequently elected. Some years after his brother had taken up his residence in Washington city, Robert G. Ingersoll went there to reside, and the two continued in business together until the death of the former. The latter subsequently went to New York city, where he achieved such a wide reputa- tion that a full account of his career becomes impossible in these local notices. Henry W. Wells is perhaps the senior member of the Peoria bar in active practice. Having received his carly education at Galesburg, Illinois, he entered the National Law School ( then at Ballston, but afterward removed to l'ough- keepsie, New York), where he graduated in 1853 and was admitted to the New York bar. Returning to Illinois he continued his studies in the law office of Messrs. Johnson and Blakesley, teaching school in the winter seasons, until the year 1855, when he entered upon the practice of the law at Cambridge, Henry county, Illinois, and very soon did an extensive business. In 1862 he enlisted in the One Hundred and Twelfth Regiment of Illinois Infantry, as a private, and was afterward promoted to the rank of major. He continued in the service until the close of the war. In 1865 he returned to Peoria and resumed the prac- tice of law. He was well known to the profession as the author of a valuable treatise entitled Wells on Replevin, which is accepted as standard authority. In 1869 he was elected as a member of the constitutional convention and did efficient service in the framing of our present constitution.
John T. Lindsay was at one time a member of considerable prominence of our bar but is now a non-resident of our county. When I first became acquainted with the bar of Peoria he was engaged in the practice of the law in company with Henry Lander, formerly a partner of Julius Manning, in Knox county. Mr. Lindsay continued the practice of the law for many years thereafter and during that time had several partners. He served for one term as a member of the house of representatives and one term in the state senate. While a member of the senate, although he had been elected as a democrat, he voted for the ratification of the thirteenth amendment to the constitution of the United States.
Charles C. Bonney properly belongs to Chicago, where his reputation has been achieved, yet it is true that he was admitted to the bar and for several years practiced his profession in Peoria. While here he took into his office as a student a penniless Irish boy named William O'Brien, who afterward became a man of considerable note at the bar, as well as in political life. He was unfortunate in not having a good academical education, for he was a man of natural abilities and force of character. As a successful criminal lawyer he had few superiors in the state. He was a forcible speaker, impulsive in the argument of his cases and seemed to carry his point by mere force, rather than by logical argument.
He was an ardent democrat and adhered to the anti-war wing of his party to the last. He was elected to the lower house of the legislature in 1862 and took a prominent part in the action of that body which finally led to its ad- journment by the proclamation of Governor Yates. He was a delegate to the national democratic convention which nominated Horatio Seymour for president in 1868, and in that same year was the candidate of his party for congressman for the state at large against General John A. Logan, the successful candidate.
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He subsequently removed to Chicago, where after some years of practice, with varying success, he died.
In addition to those already named the following members of the Peoria bar have been members of the legislature, namely: Senators, Mark M. Bassett, one term ; Andrew J. Bell, two terms; Lucien H. Kerr, one term; John S. Lee, two terms; John M. Neihaus, one term; James D. Putnam; representatives, Mark M. Bassett, one term; Robert S. Bibb, one term; Samuel Caldwell, one term; Horace R. Chase, one term; John S. Lee, one term; John M. Neihaus, one term; William E. Phelps, one term; Michael C. Quinn, two terms; James M. Rice, one term; Julius S. Starr, two terms.
JUDGES OF THE CIRCUIT COURT
Onslow Peters was the first judge of the sixteenth circuit. He was a native of Massachusetts and had come to Peoria as early as the year 1836. Before his accession to the bench he had enjoyed a practice extending over a large por- tion of the northern end of the state. He was a man of great public spirit ; had been a member of the constitutional convention of 1847, and is said to have been the author of our system of township organization. He was a strong advocate of popular education and aided much in the establishment of our system of public schools.
He was reelected in 1855, but occupied the bench less than three years in all, having died in Washington city, February 28, 1856. As I remember him, Judge Peters was rather short in stature, had a very bald head, surrounded by a ring of dark hair ; had a broad and not very expressive face, and was burdened with a great rotundity of person. He is, by one historian, said to have been somewhat pompous in his manner, but never having heard him speak except at some local meetings of a business character, I am not able to add my testi- mony to that charge. I knew him as a good natured, genial gentleman, ever ready to do a kindness or to render friendly advice to a young man when needed.
Upon the death of Judge Peters, Jacob Gale became his successor for a few months. Judge Gale had not been engaged in the active practice of the law for some years, but had for a long time held the office of circuit clerk and by that means had kept himself well informed as to the proper administration of the law. But the onerous duties of the bench proving distasteful to him, he resigned his office and was succeeded in November of the same year by Elihu N. Powell.
Judge Powell came from Ohio at a very early day, and although he had not the advantage of a thorough education in early life, yet, through indomitable industry and perseverance in his studies, he became a very able lawyer. He had as a partner for some years William F. Bryan, under the firm name of Powell & Bryan, which firm attained to a very extensive and lucrative practice. At the time of his death, in 1871, Judge Powell was considered the senior mem- ber of the Peoria bar. He had the rare faculty of being able to cite from mem- ory, giving book and page, any reported case he had ever read. Neither he nor his partner. Bryan, were great orators, but each of them was able to present his case to court or jury with commendable ability and force.
Judge Powell was succeeded in 1861 by Amos L. Merriman, who held the office until the latter part of the year 1863, when he resigned the same to take up the then growing business of prosecuting war claims against the government, for which purpose he removed to Washington city. As before stated, he had been a partner of his brother until the time of the latter's death, in 1854, after which he was a partner of Julius Manning until his accession to the bench. He was the office lawyer of both firms and became an expert in the preparation of court papers, as well as all other documents necessary to be prepared in the office of an attorney. He was not considered a very able advocate but was an
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excellent judge of the law and discharged the duties of his high office with ability and to the satisfaction of all. Upon the retirement of Judge Merriman he was succeeded by Marion Williamson.
Judge Williamson had come to Peoria about the year 1856. He was a native of Ohio and had received only a common-school education, but his native talent and diligent study overcame all obstacles and placed him in the front rank of the younger members of the bar. After coming to Peoria he was first associated for three years with Hon. Hezekiah M. Wead, after which, until his accession to the bench, he practiced alone. It was truthfully said of him, "He filled the office with honor to himself and benefit to the community. His peculiar adaptability to the position made him one of the best officers that ever sat upon the bench." Upon retiring he formed a partnership with Alexander McCoy, Lorin G. Pratt and John S. Stevens, which was terminated by his death the following year. Sabin D. Puterbaugh, the successor of Judge Williamson, was likewise a native of Ohio, but had come with his parents to Illinois when he was five years old. His early education was obtained at the common schools of Tazewell county. He was admitted to the bar in January, 1857, and at once became partner of Hon. Samuel W. Fuller, then state senator from that dis- trict. After the removal of Mr. Fuller to Chicago, Mr. Puterbaugh formed a partnership with Hon. John B. Cohrs, which continued until 1861. Mr. Puter- baugh then entered the army as major of the Eleventh Illinois Cavalry, and remained in the service until November, 1862, when he resigned and removed to Peoria. In 1868 he formed a partnership with E. C. & R. G. Ingersoll, the former of whom was then a representative in congress. This firm continued until June, 1867, when he was elected to the office of cricuit judge. He held this office until March, 1873, and then resigned to resume the practice of his profession. As a judge he was upright, painstaking, diligent and correct in decisions, and discharged the duties of his office with ability and fidelity. He is perhaps best known to the profession as the author of Puterbaugh's Common Law Pleadings and Practice and Puterbaugh's Chancery Pleading and Practice, both of which works are accepted as standard authority.
Judge Puterbaugh also, in 1877, took a conspicuous part in the measures before the legislature for the reorganization of the judiciary, and the creation of the appellate courts. To his efforts probably more than to those of any other one man the state is indebted for the adoption of those measures.
In politics he was a democrat until the outbreak of the rebellion, when he identified himself with the republican party, and he was one of the presidential electors in 1880, at which time he cast his vote in the electoral college for James A. Garfield for president, and Chester A. Arthur for vice president. He con- tinued in the practice of the law until his death, which occurred September 25, 1892.
Upon the resignation of Judge Puterbaugh, Henry B. Hopkins was ap- pointed by the governor to fill out the unexpired term. Although an excellent lawyer, Mr. Hopkins did not give promise of very great success as a judge. The trouble seemed to be that he was too cautious and too considerate, and consequently too slow in his movements for the speedy dispatch of business. He was a native of Vermont and had for many years been a partner of E. G. Johnson. He was exceedingly laborious and painstaking and had the reputation with the judges of the supreme court of having prepared some of the best argu- ments ever presented to that tribunal. He died in 1892.
Joseph W. Cochran, a native of Ohio, succeeded Judge Hopkins. He had come to Peoria about the year 1858, and had been successful as a lawyer and master in chancery. He removed from here to Chicago. At the same election John Burns, of Lacon, Marshall county, was elected judge of the adjoining cir- cuit. Judge Burns had been engaged in successful practice for many years in Marshall and adjoining counties, and had represented his district in the con- stitutional convention of 1862. By the action of the legislature of 1877 these
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two circuits were united, and David McCulloch was elected as the third judge of the new circuit.
At the election of 1879 Judges Burns and McCulloch were reelected and Ninian M. Laws, of Marshall county, succeeded Judge Cochran. Judge Mc- Culloch was immediately assigned to the appellate bench of the third district which position he continued to occupy until the end of his term.
At the election of 1885, Thomas M. Shaw, of Marshall county, Nathaniel WV. Green, of Tazewell county, and Samuel S. Page, of Peoria county, were elected. Judge Shaw had very ably represented his district in the state senate during the thirty-second and thirty-third sessions of the legislature, and had at the latter session been honored with the unanimous vote of the senators of his party for the position of president pro tempore of the senate.
Judge Green was immediately assigned to the bench of the appellate court, a position he continued to occupy until his retirement in 1897. Judge Page re- signed in 1890, and was succeeded for the remainder of the term by Hon. Law- rence W. James. At the election of 1891, Judges Shaw and Green were re- elected and Nicholas E. Worthington succeeded Judge James.
Judge Worthington had ably represented the tenth district for two terms in the congress of the United States and had been appointed by President Cleveland as a member of the labor commission, in which capacity he had made and presented to the president a very able report.
At the election of 1897 Judges Shaw and Worthington were reelected and Leslie D. Puterbaugh succeeded Judge Green. Upon his reelection Judge Worthington was immediately assigned to the bench of the appellate court for the fourth district.
DAVID M'CULLOCH
David McCulloch was born in Cumberland county, Pennsylvania, January 25, 1832, and died September 17, 1907. He was a college-bred man and taught school about six months in his native village. Ile arrived in Peoria on the 23d day of April, 1853, completing his journey from LaSalle by way of the Illinois river. Two years after his arrival here he conducted a private school; in the spring of 1855 began the study of law in the office of Manning & Merriman, and was admitted to the bar in 1857. Previous to this, however, he had been elected school commissioner of Peoria county-an office similar to that of the present county superintendency, and served in that capacity six years. After his admission to the bar he formed a partnership with his preceptor, Julius Manning, one of the ablest lawyers of the state. This business association con- tinued until Mr. Manning's death, July 4, 1862. That same year Mr. McCulloch formed a partnership with Charles P'. Taggert. From 1870 to 1875 the law firm of McCulloch & Stevens existed, and 1877 he was elected to the office of supreme judge, in which he served for eight years. He was assigned by the supreme court as one of the judges of the appellate court for the third district in 1879, and served as such five years, being associated with Judges Chauncey L. Higbec and Oliver 1. Davis. Judge McCulloch retired from the bench in 1885 and formed a partnership with his son, E. D. McCulloch, which continued until the Judge's death.
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