USA > Kansas > Montgomery County > History of Montgomery County, Kansas > Part 23
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Mr. Burchard came to Independence late in 1871 and during the next year purchased a one-half interest in the South Kansas Tribune, of which he was the editor in chief from June 12, 1872. to January 1, 1874, and afterward for several months did some editorial work for the same paper. He then disposed of his interest in the paper and did no more editorial work until he purchased the Independence Kansan, which he edited with marked ability and independence for about one year, con- mencing January 1, 1879.
In 1882 he located in Chicago where he has since lived and been en- gaged in handling real estate, loaning money on mortgage security and promoting the building of railroads and in other important enterprises.
While living at Independence he always evinced a lively interest in its public affairs, and was elected its mayor in 1878 and served till 1881. During his administration the present city building was constructed. He is an able man, well educated and of extensive reading. Among the con- spicuous traits of his character are his independence in thought and ex- pression, his true friendship for his friends and his uncompromising ad- herence to principle.
R. E. BURNS was admitted to the bar here on motion of J. B. Zieg- ler, on his certificate of admission in the State of Iowa.
E 1. CAMPBELL was one of the early practitioners at the bar here. He was a partner of Col. Charles J. Peckham and for several years, dur- ing the 70's, the firm of which he was a member ( Peckham & Campbell) did a profitable law practice. Mr. Campbell went from here to Denver, Colo., and engaged in the practice there.
PHILIP H. CASS located at Coffeyville upon his admission, where he has since actively engaged in the practice of law. He was born at Buf-
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falo, Heart, Ill., on June 24, 1869, and lived there on a farm till February 11, 1881, when he moved to a farm near Nebraska City, Neb., where- he remained until November 11, 1881, and then located on a farm near Brownsville, Chautauqua county, Kans .. and afterward. on September 26, 1890, went to Beatrice, Neb., where he engaged as bookkeeper and stenographer for William Sculley until May 4. 1893, when he went to Washington, D. C., and entered the Govermental service as stenographer in the Record and Pension Office, from which he resigned October 3, 1899. and was admitted to the bar by the Court of Appeals of the Dis- trict of Columbia. About a year later he located at Coffeyville. He is a graduate and post graduate of the law department of the Georgetown University at Washington, D. C .. and was a special student in the law de- partment of the Columbian University at the same place before com- ing to Coffeyville.
JOHN CALLAHAN was born in Lake County, Ill., in 1858, and mov- ed with his parents to Montgomery County. Kans., where they located on a farm in the Onion creek valley in March. 1873. Here Mr. Callahan worked on the farm, attended and taught school until about 1877, when he went to Grenola, Kans., and was employed there as clerk in the store of Messrs. Ilewins & Titus, which position he held for about four years. He was then appointed postmaster at Grenola and served four years in that office. After his term as postmaster expired, he, about 1885, began the study of law, and shortly after-and before he was admitted to prac- tice in the court of records in the State-looked after business and tried cases in the justices of the peace courts. For about five years he devoted his time to the study of law and to the practice in the inferior courts until about 1890 when he moved to Independence and soon after became deputy sheriff under hisbrother, Thomas F. Callahan. in which capacity he served for two years and then went into the office of Samuel C. Elliott where he studied law and was admitted to practice in the district court. He then became a partner of Mr. Elliott, under the firm name of Messrs. Elliott & Callahan, where he continued until he was elected county attor- ney in 1896. He was reelected as his own successor in 1898 and shortly after having served two terms. the last ending in January. 1901, his health becoming impaired, he quit the practice here and went to Kan- sas City, Mo.
PATRICK CAVENAUGH, after practicing at Independence a short time, settled in the far west.
JOSEPH CHANDLER began the study of law at Independence, Ks., in the office of his brother, Hon. Geo. Chandler, in 1874. and wasadmitted to practice here and in the Supreme Court of the State. After his admis- sion he at once entered the practice in partnership with his said brother, under the firm name of Messrs. Geo. & Jos. Chandler, which he continued till early in 1883. when he formed a law partnership with Wm. Dunkin,.
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which continued for two years, after which he continned in the practice alone until his death at Independence, on October 16, 1902. A sketch of his early life appears elsewhere in this volume.
No member of the bar was more devoted than Mr. Chandler to the profession, during his twenty-seven years of practice here; and none ever had the implicit confidence of his clients in a greater degree than he. He was painstaking and conscientious in the discharge of his duties to his clients and often rendered to them his professional services for inade- quate compensation. His weakness was in his custom to defer closing out. without unnecessary delay, each matter placed in his charge and his fearless, tedions and uncompromising contention for every right of his client. however insignificant. In the trial of a case he was aggressive and unyielding, and his evident earnestness, honesty and sincerity, won the admiration of the bench and bar as well as that of his clients.
Hle was a fluent talker and always presented his views to the court and jury with mneh earnestness and power. He left a stainless charac- ter, after a long career at the bar of the county, and a host of friends and admirers whom he had unselfishly and devotedly served.
JAMES R. CHARLTON was born at Salem, in Marion Co., Ill., on July 21. 1858, and afterward resided successively in the county of his birth and at Sedan, Kans., until he was admitted to practice law by the district court of Cowley county, on August 12, 1880.
Before his admission to the bar, Mr. Charlton's life had been spent farming, attending and teaching school, clerking and reading law. He became a member of the bar of this county on March 1, 1884, and located at Elk City in the practice. Since then he was police judge of Elk City in 1889, justice of the peace in Louisburg township the two succeeding years and was then in 1890, while justice. elected county attorney, which office hie filled for two years ending in January, 1893. Since Mr. Charl- ton's admission to the bar he has spent much time preaching the Gospel, especially at revival meetings, where, by his well-known eloquence, he has exercised a potent influence for Christianity.
Mr. Charlton is now located in the practice of his profession at Ca- ney, Kans.
HON. ARTHUR B. CLARK has been a member of the bar and in the practice of law for a longer period than any other practicing attorney at our bar-he having been admitted to both State and Federal courts in Ohio m 1865-except B. Giltner, recently located at Coffeyville, who was admitted in 1856.
He was born in Geauga County, Ohio, October 15, 1843, and spent his boyhood days there, attending school during the winter months and in summers working on a farm, until he was abont grown, when he im- proved his education by a course of studies at Burton Academy and then at the Western Reserve Seminary in his native State.
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Ile then entered the law department of the Ohio State and Union Law College of Cleveland. Ohio, and was graduated from the latter in 1865 with the degree of L.L. B.
He entered the practice in 1867 at Mattoon, Ill., where he pursued his profession about four years, and then, in August, 1871, moved to Cof- feyville and began the pursuit of his profession. He took a leading part in organizing the city of Coffeyville and was selected as its first mayor.
At the general election in November, 1872, he was chosen county at- torney and in January, 1873, moved to Independence and entered upon the discharge of the duties of the office in which he continued until January, 1877-he having been elected as his own successor in 1874.
After his last term as county attorney had expired, Mr. Clark at once entered the general practice at Independence, which he continued until about 1901, when. on account of the health of his family, he moved to Portland. Ore., where he began the practice of his profession, which he continued until May, 1903, when he returned to Independence and re- sumed the practice here.
Mr. Clark represented Montgomery County in the lower house of the Kansas Legislature in 1877 and 1878; and was a member of the State Senate four years from 1880 to 1884. In 1890 he was the Repub- lican candidate for Judge of the Eleventh Judicial District which then included Montgomery County, but was defeated by the candidate on the fusion ticket.
EDGAR M. CLARK, after reading law with his brother, Hon A. B. Clark, was admitted to the bar of the county and afterward entered the practice at Independence as the junior member of the law firm of Clark & Clark which he continued 'till 1SSS, when he moved to Oklahoma, where he has since pursued his profession. He is now located at Pawnee, Pawnee county, Oklahoma, where he is filling the office of county attor- ney with marked ability ..
Mr. Clark is the youngest of a large family of brothers, all of whom have become prominent attorneys and he is ranked among the best in Pawnee county. He was born at Huntsburg. Geauga county, Ohio, July 16th, 1856, and reared on a farm and taught school in Ohio and Illinois before taking up the study of law.
W. G. CLARK was about thirty years of age when he was admitted and while of limited education, displayed much natural ability during the short time he remained in the county. He was especially effective in the trial of cases in the lower courts.
ALBERT T. COX was admitted to practice in Douglas county, Kan- sas, in June, 1894, after reading law and graduating from the University of the State. He, afterward, in partnership with his brother, under the firm name of Cox & Cox, practiced at Independence, Kansas, about eigh-
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teen months, until 1896. when he retired from the practice, and about November 1st of that year purchased an interest in the "Star and Kan- san." a weekly newspaper which he, in company with Hon. Henry W. Young, under the firm name of Young & Cox. published at Independence 'till May 1st. 1898. Mr. Cox then purchased the paper which he has con- tinued to publish here and on June 5th, 1900, started, in connection with it. "The Daily Evening Star," which has a wide circulation in the city. In the publication of his daily and weekly papers he uses a linotype and other modern machinery and appliances.
Mr. Cox was born at Morgantown. Johnson county, Indiana, October 2nd, 1865, and in February, 1869, moved with his parents to a farm in Montgomery county, Kansas, where he was reared until he began the study of law in 1892.
IRA E. COX was born at Morgantown, Johnson county, Indiana, February 26th. 1868, and was, in February, 1869, brought by his parents to Kansas, where they settled on a farm in Montgomery county, on which he was reared 'till he was twenty-four years of age. In 1892 he entered the University of the State and took up the study of law, and was, in 1894. graduated as a Bachelor of Law from that institution. He shortly after began the practice at Independence with his brother, Albert T. Cox, and, after continuing in the business over two years, moved on a farm and then. in 1902. went into the banking business at Anadarko, Okla- homa, where he now resides.
JOHN S. COTTON practiced his profession in Independence until about 1882 when he moved to Kansas City, Mo., and went into the real estate business, which he continued 'till his death there a few years ago.
Mr. Cotton was born at Millersburg, Ohio, in 1821, and subsequently moved to Indiana where he lived, first at South Whitney and then at Columbia City, until he came to Kansas in 1873. While residing at Co- lumbia City he filled the office of auditor and treasurer of the city and was a member of the Indiana Legislature five terms.
During a portion of the nine years he was in the practice here he was associated with M. Sickafoose under the firm name of Sickafoose & Cotton.
PERCY L. COURTRIGHT was born at Independence, Kansas, March 12th, 1873, and, except Arthur Billings, is the only member of the bar born in the county.
Mr. Courtright was reared on a farm about three miles west of Inde- pendence until he entered the University at Lawrenee in 1897, from which he was graduated two years later, in the law elass. He then, on June Sth. 1899, was admitted to practice by the District Court of Doug- las county and on the same day, by the Supreme Court of the State. He has lived in Montgomery county since his admission here.
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JOSEPH B. CRAIG. a son of Samuel Craig and Jane Miller Craig, his wife, was born in Columbia county. Pennsylvania, January 29th, 1814, and at the age of four years was taken by his parents to Clark county, Ohio, where he learned the blacksmith trade. but had to aban- don it on account of his eyes. He afterward engaged in trade, read law and was admitted to the bar at Springfield. Ohio, and then, in March, 1849, at the age of thirty-five years, located at Wapakoneta, where he served as justice of the peace from 1851 to 1853. He was also county surveyor from 1851 to 1854 and during the last year was elected prose- euting attorney, and after serving out his term. was, in 1858, elected county auditor, and served in that capacity until 1864. In the fall of 1864 he located at Muncie, Indiana, where he, in partnership with his brother, William, engaged in the drug business.
In 1866 he moved to Hartford City. Indiana, where he was in the drug business 'till he moved to Independence, Kansas. in 1870. Mr. Craig was admitted to the bar of Montgomery county but never engaged in the active practice of his profession.
He was the first Mayor of Independence, and afterward served as a justice of the peace of the city. Judge Craig (as by that title we all knew him) died at Independence on the 4th day of July, 1894. honored and respected. He was a genial, honorable man and a courteous gentle- man of "the old school;" and on one occasion in Ohio, refused a nomi- nation that would have placed him in Congress rather than betray a friend for whom he was working in the convention.
NATHAN CREE located at Independence in October. 1872, and in the same year became a member of the bar of Montgomery county. he having been, in June, 1868. at Lawrence, Kansas, admitted to practice by the District Court of Douglas county.
After his first admission he remained at Lawrence in the practice until he moved to Montgomery county, where he continued in the same pursuit until January, 1877, when he moved to Kansas City. Kansas, where he has since practiced his profession.
Mr. Cree was born in Adams county, Ohio, on July 28th, 1841. came to Kansas in 1859, lived on a farm and taught school in Douglas county until April, 1862, when he enlisted as a private in the 5th Kansas regi- ment and served in the Union army until he was honorably discharged in April, 1865. He then returned to Douglas county where he resumed his former occupations until he was admitted to the bar.
In the early days of the practice in Montgomery county, Mr. Cree was a marked character at the bar. He was well read in the science of his profession and technical in its practice. He was recognized in the profession as a man of fine natural ability, and the possessor of a well cultivated mind. He was a man of positive convictions and fearless and
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sincere in the advocacy of them, and not at all inclined to compromise or manipulate to meet the exigencies of the hour; and while he was always willing to accord an adversary his legal rights, he was ever persistent in claiming his client's dues.
He was forceful with his pen in discussing a legal question, and a trenchant writer on the political topics of the day, and, often, during his residence here, in a political paper published by Mr. Peacock, his father- in-law. exercised his powers with telling effeel.
While here Mr. Cree spent much time in the production of an able treatise on the procedure and practice before justices of the peace, but discovered it would not be profitable to publish such a work, as in the practice in that inferior court, scientific principles of law are not gen- erally of controlling influence.
While residing in Wyandotte county Mr. Cree has served as county anditor for two years, ending in 1887, and then as county attorney for the same length of time, ending in 1889, with honor to himself and credit to the profession.
E. R. CUTLER, although admitted, never pareticed the profession in the county.
D. Y. DARNALL was one of the pioneer members of the bar and located at Elk City about 1871, after having been admitted. He prac- ticed there about three years and then left the county.
JOHN M. DAVIS was admitted to the bar of the county on the re- port of an examining committee and on certificates of his admission from several courts of record in other states, and from one or more different circuit courts of the United States. He, however, did not engage in the practice after his admission.
C. M. DAVIS was admitted on the certificate of his admission to practice in the circuit court of the State of Wisconsin. He did not re- main in the county.
BENJAMIN F. DEVORE has never engaged in the active practice of the law here although he had, for a number of years, pursued his pro- fession in Ohio before coming to Kansas.
He was born in Washington county. Ohio, on February 11th, 1828, and in 1836 was taken by his parents to Marion county, Ohio, where they settled on a farm. He remained on his father's farm working, attend- ing school and teaching until 1849 when he entered the Wesleyan Uni- versity of Ohio, and for the next eight years spent his time studying and teaching, and then attended the Cincinnati Law College during the ses- sion of 1857 and 1858 and was graduated from that institution as Bachelor of Law in April. 1858. He then began the practice at Wapako- neta, Ohio, the same year, and continued to practice until 1866 when he moved to Hartford City. Indiana, where he engaged in the drug business,
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which he continued 'till 1870, when he located at Independence, where he has since resided.
During Mr. Devore's residence here he was a merchant from 1870 to 1880, farmer from 1880 to 1884. justice of the peace during 1884 and 1885. postmaster from 1885 to 1889, police judge in 1889 and 1890 and has since been in the general insurance business. He was also a member of the Legislature from this county in 1872. In 1880 he was nominated for Congress by the Democratic party but declined to make the race.
While he is now past seventy-five years of age he still takes an active interest in the public affairs of the county and is a highly respected citizen.
JUDGE JAMES DeLONG. in the early 70's became a member of the bar of Montgomery county, and in co-partnership with his son-in- law. Osborn Shannon, did some practice in the courts under the firm name of DeLong & Shannon. For several years Judge DeLong (he had been probate judge in Ohio before coming to Kansas) was the most con- spicuous character in Independence. His prominence arose ont of the entry and disposition of the townsite. and the judge's peculiar methods in handling the matters connected therewith. The townsite, as originally platted. contained about 1,500 lots besides several tracts known as out- lots that were located along the north side. Under the law this town- site became subject to purchase from the General Government for one dollar and twenty-five cents per acre by the corporate authorities of the city in trust for the use and benefit of the occupants, as their several in- terests might appear. After being elected mayor of the city the judge made the entry in his own name in trust. The Independence Town Com- pany at once laid claim to the lots, contending that the trust under which the lots were held was in its favor. and brought suit against Judge DeLong to secure a judicial declaration of the trust in its favor and a conveyance to it of the lots.
With his characteristic energy and determination the judge success- fully resisted the claim of the town company. The case was finally de- vided in the Supreme Court of the State, where the judge's views were fully endorsed. He at once become very popular with the lot occupants, whose rights to the lots were doubtful while the litigation was pending. This popularity, to the extent it had begun, did not long survive, after the judge announced his intention to make deeds, for a consideration, to such lot occupants as in his judgment owned the lots they respectively claimed. This consideration in no case was to be less than $6.00 per lot and an additional dollar for making out the deed. This. at the minimum charge per lot. would yield about $10,000.00 and the charges were excused on the grounds that they were to be used to liquidate the judge's ex- penses and attorney's fees in resisting what he asserted were the law-
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less claims to the lots. Many willingly paid the judge's charges and con- tinued to be his friends, while others denounced the charges and the judge, and hegrudgingly yielded to his demands and generally ever af- terward fought him in his aspirations for public office. At the end of the judge's first term he still held the title in trust, to many of the lots and also made application to enter some school land mostly in the third ward and also a strip joining the city on the south claimed by L. T. Stephenson, Wm. Maddaus and others. The bold, aggressive and cease- less fight he made to recover for the city these lands ,added to his popu- larity and he was, after one of the most bitter campaigns ever waged in the city, elected mayor for a second term. It then became somewhat more difficult for those who were not special friends and admirers of the judge to secure from him deeds to lots, and in many cases they had to pay an increase over the regular charges to secure their coveted deeds. This increase was justified by the judge on the ground that he was "wear- ing out his life" in making the fight for the lot owners, and they ought not to hesitate to make the payments and if they complained he was not slow in denouncing them in the most public and vigorous manner.
The judge kept up the warfare over the title to various lots he had entered and had not conveyed and over the contests for more land that he had inaugurated as long as he remained in office. His successor after- ward, with but little trouble and less agitation, carried the contests to a successful conclusion and secured the issuance of the patent to the townsite after it had been held up, on account of the pending contests, 'till 1878. However, the purchase from the State of the tract of school land mostly in the third ward by Mayor Wilson, in his individual name, caused much litigation after the issuance of the patent.
Shortly after the patent was secured, Judge DeLong moved to Wichita, where he died a few years later.
SAMUEL DONALDSON never entered the parctice here. He went to Chautauqua county where he practiced, and where he is well known as Colonel Donaldson, and is a prominent man and highly respected.
TO WILLIAM DUNKIN reference is made later on in this article.
HENRY C. DOOLEY, before being admitted here, was admitted to practice by the District Court of Coffey county, in July of the previous voar. He was born in Davis county, Iowa, on February 11th, 1869, and at the age of fourteen years moved to Coffey county, Kansas, and there worked his way through the public schools at Leroy. He then for two years applied himself to the study of law at Burlington, in that county. 'till the date of his admission and the next year located in the practice at Coffeyville, which he has since continued and where he has built up an extensive practice in this and adjoniing counties, in the Supreme Court of the State and the Federal Courts in Kansas and the Indian Territory.
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During the last few years Mr. Dooley has given much attention to corporation cases. He is now a member of the law firm of Dooley & Oshorn, formed about a year ago and which devotes its entire time to the practice.
Mi. Dooley represented the 29th district in the Lower House of the Legislature of Kansas at its session of 1901, and while he entered that body without legislative experience, he at once became, and continued during its session, one of its leading members.
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