History of Montgomery County, Kansas, Part 21

Author: Duncan, L. Wallace (Lew Wallace), b. 1861, comp
Publication date: 1903
Publisher: Iola, Kan., Press of Iola register
Number of Pages: 1162

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young city. Here he met and contended in the courts with such lawyers as Webb, Glasse, Bettis. Kimble, Perkins, Bishop, Ayers and other well- known and learned attorneys.

In 1870, Judge MeQue formed a partnership with Hon. J. B. Ziegler, under the firm name and style of MeCue & Ziegler and entered the prac- tice at Independence. This copartnership was shortly afterward dis- solved and thereafter Mr. MeQue continued in the practice alone until he was elected Judge of the District in 1889. During his practice he was widely known as an accomplished lawyer and a man of extensive infor- mation.

Hle was always, after coming to Kansas, a great reader and was pos- sessed of a remarkable memory, which enabled him often in the trial of causes, to cite, unerringly, cases in point, giving the title of cases and the volinie and page of the reports where they could be found.

In the practice, Judge MeChe was somewhat careless in fully in- forming himself on his evidence before going into trial, and sometimes indulged in the dangerous experiment of placing a witness on the stand, after but slightly informing himself of what such witness would testify to; he. however, more than compensated for this lack, with his thorough knowledge of the law on every feature of his case. In the practice, he was fair and honorable and never resorted to any of the little devices or trickery that sometimes serve to deceive and to unfairly win a case. He over scorned to engage in a case that contained a purpose to blackmail or extort or to needlessly blacken a reputation or assail a character.

While Judge MeOne's early education was sadly neglected his as- sidnous reading of standard works and his fine natural talents had given him a ready command of the English language and made him an excep- tionally fluent orator. His speeches were clothed in chaste language. constructed of true logie and filled with thoughts on a high plane and de- livered in a pleasing voice and presence and generally with telling effect.

JUDGE ANDREW H. SKIDMORE convened his first term of court in the county on March 5, 1895. He had been elected as the Republican candidate in the fall election of 1894 over Judge MeChe, by a decisive majority. When Judge Skidmore opened court there were on the trial docket 208 cases of which 13 stood on dumurrer, 11 were criminal, 69 civil jury and 115 court cases. At this time the district comprised three rap- idly growing counties (Montgomery, Labette and Cherokee) which then had an aggregate population of about 77,000 and this had increased to nearly 100,000 when, by an act of the Legislature, which went into effect on the 22d day of February, 1901, a new district ( the 14th) was created, comprising Labette and Montgomery counties, which left Judge Skid- more presiding over the Eleventh District, then comprised of Cherokee County only, with a population of about 40,000.

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HISTORY OF MONTGOMERY COUNTY, KANSAS.

After Judge Skidmore's term as judge expired, in January, 1903, he at onee resumed the practice at Columbus, Kans., in co-partnership with S. L. Walker, under the firm name and style of Skidmore & Walker.

Before going on the beneh, JJudge Skidmore had, for years, been in the active practice at Columbus, Kans., where he had built up an exten- sive and lucrative business, and had met with unusual success as a prac- titioner. While, at the time he first convened his court in the county, he may not have possessed the profound knowledge of the law that some of his predecessors had acquired, he demonstrated executive ability that had not been excelled in the office. In the trial of cases he promptly overruled or sustained objections to the introduction of testimony, without spending time to furnish reasons for his rulings and he generally disposed of motions and demurrers in the same summary manner. This course often occasioned severe complaints from some of the members of the bar, who had been in the habit of being favored with the court's reasons for its rulings and had often indulged the habit of combattiug such reasons; vet such complaints did not serve to dissuade the court from its course, which undoubtedly saved much time. While a more mature consideration of many of the questions might have resulted in a safer interpretation of the law, yet by the adoption of the course suggest- ed, the popularity of the Judge was greatly increased with the public, and he was generally sustained by the Supreme Court in such cases as were appealed.

At the November, 1898, general election. Judge Skidmore was the Republican candidate, as his own successor and was opposed in the race by Hon. Thomas H. Stanford, a prominent member of the bar in Mont- gomery County, who entered the race as the nominee of the two opposing parties (Democratic and People's) .

At the preceding annual election the combined vote in the district of the two opposing parties had far exceeded that of the Republican par- ty, and for that reason Mr. Stanford and his friends felt confident of his election, and were much astonished at the returns, which showed that Judge Skidmore had carried every county in the district.

Judge Skidmore served out his term in Cherokee County and was succeeded in January, 1903, by Col. W. B. Glasse, a distinguished lawyer of Columbus, Kans.

Judge Skidmore was born in Virginia on February 14, 1855, and re- ceived a liberal education at the University of Michigan, at Ann Arbor, in that State. He was admitted to practice on September 15, 1876, be- fore he had arrived at the age of majority and in the same year settled and commenced to practice law at Columbus, Kans., which he contin- ued, until elected Judge of the District Court as before stated.

JUDGE THOMAS J. FLANNELLY, the present incumbent on the

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HISTORY OF MONTGOMERY COUNTY, KANSAS.

bench, was appointed to the office by Gov. Stanley, in February, 1901. The Legislature, by an act that went into force on the 22d day of February, 1901, had created the Fourteenth Judicial District out of that part of the Eleventh comprising the counties of Labette and Montgomery, leav- ing Cherokee County only. in the Eleventh.

Judge Flannelly had not sought the office, to which a number of prominent attorneys in this and Labette County were earnest aspirants. To these, as well as the people generally. his appointment was a sur- prise, and to many of the active candidates and their friends, a disap pointment. He, however, had presided over the court but a short time, until his peculiar fitness for the high office was universally conceded. He was elected as his own successor in the fall election of 1902 and be. gan his full term of four years in January, 1903.

Judge Flannelly was born in Cincinnati, Ohio, on March 23, 1868, and thereafter lived at Newport. Kentucky, until 13 years of age, when he moved to Kansas with his parents, who settled at Chetopa in Labette County. He graduated with the degree of Bachelor of Laws at the Uni- versity of Kansas in June, 1890, having previously taken the degree of Bachelor of Arts at the St. Louis University. He was, upon his gradna- tion at the Kansas University, admitted to the Bar of Douglas County and has since, until his appointment as JJudge, pursued the practice.

The Judge first entered the practice at Topeka, in 1890, and contin- ued there for two years, when he moved to Kansas City, Mo., and became a member of the law firm of Beardsley, Gregory & Flannelly. After prac- tieing four years in Kansas City, as a member of this firm, he, in Jan- mary, 1896, located at Chetopa, in Labette County, Kans., where he pur- sned his profession for four years and then, in January, 1901, located at Oswego, where, in partnership with Judge Ayres, he was pursuing his profession when appointed Judge of the District Court.

SECTION IV.

County Attorneys

GOODELL FOSTER was elected the first couty attorney in Novem- ber. 1869. At the same time a permanent county seat was selected and a full corps of county officers chosen. Afterward, in a contest growing out of that election, before the Probate Court of Wilson County, to which Montgomery was then attached for judicial purposes, the court declared the election unauthorized and void. After that, none of the county officers so elected. qualified, except Edwin Foster, who had been elected county surveyor. He took the oath of office and entered upon the discharge of its duties. At that time a most urgent and popular demand · prevailed for the services of a competent civil engineer to locate the cor- ners and lines of the various claims. Mr. Foster qualified in response

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HISTORY OF MONTGOMERY COUNTY, KANSAS.

to this demand and his work was generally satisfactory and cheerfully acquiesced in, until the official survey of the lands by the government.

Early in 1870, Goodell Foster moved to Indepenence and shortly afterward formed a copartnership for the practice of the law with O. P. Smart, under the firm name and style of Smart & Foster; and while this firm existed, it was prominent in the litigation carried on in those early days. Mr. Foster, however. from the beginning, had an aversion to the practice and developed a decided propensity to deal in real estate, and soon after beginning the practice here, retired from it and became engaged in buying and selling real estate on his own account and as the agent for others, which business he has successfully carried on at Inde- pendence for about thirty years, during which time he has bought, sold or exchanged a vast number of tracts of land.

CLAYTON M. RALSTIN was the first county attorney who ever per- formed the duties of the office in the county. He was appointed to fill the position in the spring of 1870 and served until Frank Willis was chosen at the regular November, 1870, election. Mr. Ralstin was a notable and highly esteemed man among the early pioneers of the county. He was born in Brown County, Ohio, November 14, 1840, and afterward moved to Fulton County, Ill., where he lived on a farm and was educated at the High School at Lewistown in that county, and afterward read law at the same place in the offices of Judge Hope and I. C. Judd. He was then, in May, 1863, admitted to practice law at Springfield, Il1.

The next year, and on December 15, 1884, he began the practice at Prescott, Ariz .. and remained there till 1869, when he came to Independ- ence, and was the first attorney here. He remained here until in April, 1890, when he moved with his family to Stillwater, Oklahoma Territory, where he was admitted to practice law in April, 1891, and died at that place January 2. 1892.

Mr. Ralstin was a man of medium height and slender build and wore an immense beard. He was very active and industrious and had a va- ried experience in life. He had been a farmer, a merchant, a real estate agent, an abstractor, a lawyer and an official, and, at times, pursued more than one of these useful vocations at the same time.

He had practiced law and farmed in Arizona, at Independence he dealt in lumber and hardware and pursued his profession; and at the same place was at one time Register of the United States Land Office. and at times farmed, made abstracts and bought and sold realty. In a closely contested suit Mr. Ralstin was a valuable man on account of his ability to look up and arrange the evidence in the case. Few, if any, members of the bar ever excelled or equalled him in learning the facts per- taining to the controversies in the courts. He was also a most genial man and the hospitality of his home was ever open to his many friends.

11 84

IHISTORY OF MONTGOMERY COUNTY, KANSAS.

HON. FRANK WILLIS was elected county attorney in November, 1870, and served two years. He was a large, fleshy young man, awkward in his motions and had a deep, droll voice. In many things he was inno- cent and easily imposed upon, yet nature had provided him with a natu- ral analytical mind and he was a man of sterling integrity and of great energy. After serving his term as county attorney, he embarked in the drug business at Independence and then, finding himself unqualified for that untried vocation, sold out and emigrated with his family to the l'an Handle of Texas and entered the practice of his profession with varying results.

At the time Mr. Willis went to Texas the country there was, in the main, peopled with cattle men who were aggressive and somewhat domi- neering. He was, in a short time, elected Judge of the District or Circuit Court and his rulings failing to accord with the views of the controlling element of the country, measures were inaugurated to depose himn. The lower house of the Legislature of Texas presented articles of impeach- ment against him and these seem to have been supported by such evi- dence, that Mr. Willis' attorneys became discouraged and feared it use- less to argue the case, whereupon, on a broiling hot day, Mr. Willis made the closing speech of two hours duration in his own defense, which is said to have been masterly, and so logical, and delivered with such mag- nificent sincerity that he was at once acquitted and thereafter returned to his duties as Judge, with the respect of all, till his death, about 1897.

HON. JOHN D. HINKLE was elected county attoreny in November, 1876, and served two terms, ending in January, 1881. At the time of his election to this important office he was but twenty-five years of age and had not yet distinguished himself at the bar, to which he had been admitted about two years before ( September 12, 1874) after having read law in the office of Judge J. D. MeCue. He succeeded A. B. Clark, one of the most vigorous prosecutors the county has ever had. He was natural- ly a modest and retiring young man and at that time, beardless and boyish looking, and did not impress the public with the real ability his close friends at the bar knew he possessed. It was, however, soon learned that he was endowed with fine judgment and that in his quiet and unas- suming way, he was a very successful prosecutor. It was also recog- nized that he used sound judgment in disposing of such of the financial affairs of the county as were intrusted to him. At the end of his first term, he was reeleted and after having served four years, left a fine official record and then located at Cherryvale, where he divided his time in the practice of his profession and in editing a paper in which he had acquired an interest.

In 1883, Mr. Hinkle moved to the Territory of Wyoming and in 1885, was selected and served as prosecuting attorney for a term of two years.

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HISTORY OF MONTGOMERY COUNTY, KANSAS.

He then located at the city of Spokane, where he served four years as the city justice of the peace and was afterward elected to the important and responsible office of Judge of the Municipal Court of Spokane, Wash., on a salary of $2,500 per year, which position he now fills to the satis- faction of the public and with credit to himself.

Mr. Hinkle was born at West Salem, in Edwards County, III., on December 31. 1851. and was reared on a farm. He attended school in his boyhood days and before beginning the study of law had taught in Kan- sas.

Mr. Hinkle is now 52 years old and in prime health and has but slightly changed from what he appeared when he left the State some twenty years ago.

EDWARD VAN GUNDY was the next county attorney. He was elected to the office in November, 1880, and served one term, ending in January, 1883.

Mr. Van Gundy was born in Fountain County, Ind., January 22, 1855, and moved to Independence with his parents, who were among the first settlers here. His father. Samuel Van Gundy, at an early day, built the brick residence at the east end of Main street, now owned and oecu. pied by Captain L. C. Mason and family, and was at one time treasurer of the county.

Edward Van Gundy spent his youth here till about 1875, when he went to Texas and became secretary to MeDonald & Co., contractors of public buildings in that state. He spent about two years in that po- sition. during which time he began the study of law under Governor Davis, of Austin, Texas, and subsequently returned to Independence and spent his time teaching distriet schools and studying law, till he was admitted to the bar, about 1878.

Shortly after vacating his office he located and began the practice of his profession at Pittsburg, in Crawford County, Kans., and was soon elected county attorney of that county and filled the of- fice one term. He then became actively engaged in the general practice and became one of the most prominent members of the Crawford County bar, and had built up a lucrative business, when, in 1894, he went to Hot Springs, Ark., in a vain effort to recover his broken health and, at that famous resort, died on September 26, of that year.

Mr. Van Gundy was by nature, a talented man. He possessed a fine and well-cultivated legal mind. Aided by these qualities, he could, by elose application, have made of himself a brilliant lawyer. During his professional career at Independence. he was inelined to spend too much of his time in the indulgence of the passing pleasures of the hour. Af- ter going to Pittsburg, he married and settled down and devoted himself

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HISTORY OF MONTGOMERY COUNTY, KANSAS,

more closely to the pursuit of his profession and before he died had es- tablished a fine practice.

HON. JEREMIAH D. MeCUE was the sixth county attorney, having been elected as the successor of Edward Van Gundy, in November, 1880. Mr. McCue served but one term, during which he exercised his recogniz- ed ability in the administration of the duties of the office. Inasmuch as I have already written of him, under the chapter devoted to the Judges of the District Court, I deem it unnecessary to add anything further here.

SAMUEL C. ELLIOTT was elected county attorney in November, 1884, and served two successive terms, the last of which ended in January, 1889. During the four years that he served in the office he won the re- speet and confidence of all, and after retiring, contrary to the usual ex- perience of lawyers who serve as public officers, he at onee established and for several years, while his health lasted, maintained a Inerative practice.

Mr. Elliott was born at Paris, Edgar County, Ill., on March 10, 1857, and when ten years of age, moved with his parents to Oswego, Kans., where he was educated in the schools of that city. Several years before he had attained the age of majority. he aided the Clerk of the Dis- triet Court of Labette County, where he acquired a familiarity with the duties of that office, which afterward became very useful to him in the practice.

lle then, at about the age of 18. entered the office of Messrs. Webb & Glasse, attorneys at Oswego, Kans., and began the study of law, and in about two years or less, had become well posted in the rudiments of the science, but being a minor, was not entitled to admission to prac- tice. In 1876, while waiting to come of age, he entered the office of Wm. Dunkin as a clerk and continued his studies till the JJune, 1877, term in Labette County, when he was thoroughly examined in open court, and, having passed an unusually fine examination, was admitted to practice.

After his admission to the bar, Mr. Elliott located at Independence but did not at once acquire a paying practice, and for several years de- voted most of his time assisting the county clerk and the clerk of the dis- triet court as deputy. The reputation he won while county attorney created a demand for his professional services outside of his publie duties during his official career and at the end of his last term he met no diffi- enlty in building up a handsome practice, which he retained as long as his health permitted.

Mr. Elliott was a warm-hearted and genial man, that is, toward his friends, but he never exerted himself to please those he did not like. He was a man of very positive opinions on all subjects he had investigated and when he first began the duties of a useful life, was very dogmatie

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HISTORY OF MONTGOMERY COUNTY, KANSAS.

and combative, and ever ready to argue his side of the question with all comers. As he grew older and his time was more taken up with his legal business, he became more diplomatic.

He had a clear, analytical mind, good judgment and a quick, keen insight into legal questions. He was usually ready, on the spur of the moment, to give an accurate opinion on the law of a case. He was en- abled to do this, from his thorough knowledge of Blackstone's Com- mentaries-which he acquired early in life-and his talent for quick ap- plication.

He had and deserved the implicit confidence of his clients, to whose interests he was devoted. He was successful in the practice and rarely lost a suit, as he had wisely adopted the policy of settling by compro- mise, such of his cases as he thought he could not successfully litigate. In the trial of a case. he was earnest and able and never stated to the court a proposition of law he did not believe, and presented to the jury only such facts as he thought were trne. These qualities, with his evi- dent sincerity and earnest and logical presentation of his cases and the well known probity of his character, very generally brought him success.

Mr. Elliott, after a lingering and painful affliction, extending over several years, died on May 30, 1900, sincerely mourned by a host of ad- mirers and friends.

All of the seven remaining county attorneys are in the active prac- tiee in the county, except John Callahan, who is at present at Kansas City, Mo., and he may return here. In view of this, it is deemed more proper to include them in the list of practicing attorneys, who have not elosed their respective professional careers at the bar of the county and who will be treated in the next chapter of this article.

It may be observed that all the county attorneys who served in the two decades from 1870 to 1890, except A. B. Clark and O. P. Ergenbright, who served in 1889, none remain in the practice here ; and that all who have served since 1890 to the present time, except John Callahan, are active- ly pursning their profession in the county.

A list of all the county attorneys is as follows :

Goodell Foster, elected in 1869, and the election declared void.

Clayton M. Ralstin, appointed in 1870. served nearly one year.

Frank Willis, elected November, 1870. one term till JJanuary, 1873.

Arthur B. Clark elected November, 1872, served two terms till Jan- uary, 1877.

John D. Hinkle, elected November, 1876, served two terms till Jan- uary. 1881.

Edward Van Gundy, elected November. 1880, served one term till Jannary, 1883.

Jeremiah D. MeC'ne, elected November, 1882, served one term till JJan- mary, 1885.

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HISTORY OF MONTGOMERY COUNTY, KANSAS.

Samuel C. Elliott, elected November, 1884, served two terms till January, 1889.

Oliver P. Ergenbright, elected November, 1888, served one term till January, 1891.

James R. Charlton, elected November, 1890, served one term till Jan- uary, 1893.

William Edward Ziegler, elected November. 1892. served two terms till January, 1897.

John Callahan, elected November, 1896, served two terms till Jan- uary, 1901.

James Howard Dana, elected November, 1900, served one term till January, 1903.

Mayo Thomas, elected November, 1902, present incumbent.

SECTION V.

Attorneys

Since the organization of the county there have been admitted to practice law at its bar, over 170 members. It would be an endless task to find and record, with perfect accuracy, the antecedents of each ; and it may be truthfully said that such events as have transpired in the pro- fessional lives of many of them, furnish but little or no information that would be of interest in a history of the bench and bar of the county. The loose restrictions and disregard of the law that have prevailed with at least one of the judges who presided over our courts, opened an easy way for admission to the bar; and as a consequence of this, many have been accepted who had but little or no preparation and without being required to submit themselves to the usual tests as to their qualifica- tions. These unprepared yet formally, qualified members have gener- ally borne their honors in silence in the district court, where they have sometimes exercised their prerogative to a seat among the active mem- bers, and have always, in their discretion, been exempt from duty on a petit jury. In justice to many of them it may be said that notwithstand- ing the proud distinction they have enjoyed of being among the elect, whose science they have not practiced, they have been useful and honor- ed citizens in other pursuits.

In writing a sketch of each member I feel the best course to pursue, is to briefly note the antecedents of each before his admission to the bar, and refrain from commenting at length on any of those who are yet in the active practice here. However pleasant and inviting it would be to write of many of the present practicing members and record their achievements in the profession, such a course would manifestly be in- vidious and embarassing to many of the active practitioners, whose ea- reer at the bar is not ended. It would be equally objectionable understrict

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History of Montgomery County, Kansas, Part 21

Author: Duncan, L. Wallace (Lew Wallace), b. 1861, comp Publication date: 1903 Publisher: Iola, Kan., Press of Iola register Number of Pages: 1162

Author: Duncan, L. Wallace (Lew Wallace), b. 1861, comp
Publication date: 1903
Publisher: Iola, Kan., Press of Iola register
Number of Pages: 1162