USA > Kansas > Montgomery County > History of Montgomery County, Kansas > Part 24
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DANIEL W. DENNETT was admitted to the bar of the county in the early 70's and for several years was located in the practice at Coffey- ville, where he at one time practiced as a partner of Hon. A. B. Clark, under the firm name of Clark & Dunnett. Mr. Dunnett, some twenty years ago, moved to the western part of the state and died about two years ago.
THOMAS E. DEMPSEY was born at Urbana. Ohio, where he re- sided before coming to Kansas in 1885. He was admitted here at once and entered the practice, which he continued for about one year, when he located at Greensburg. Kansas, where he practiced for about a year and then moved to Ilinois. Before his admission he was graduated from the Cincinnati Law School at Cincinnati, Ohio.
Mr. Dempsey possessed a good legal mind, which had been well trained, and he was a diligent student and successful in his practice. He was a young man of excellent habits, of a quiet and unassuming de- meanor, and yet of true courage when aroused. He approached a trial with considerable timidity and was always fully prepared on the law of his cases.
C. W. ELLIS located at Verdigris City in 1869. and the next year went to Parker. Westralia or Coffeyville. where he entered the practice with Hon. John M. Soudder, which he continued until, in 1872. he went to Wellington and afterward to Medicine Lodge, in Barber county, where he located and pursued the practice 'till elected Judge of the District Court.
During his short residence in this county he was known to possess. in a high degree. the qualities essential to a fine lawyer. He possessed a strong, clear mind and was a close student and painstaking in the prepa- ration and trial of his cases. He has made an honorable record in the profession in Barber county, where most of his professional life has been spent.
CAPTAIN DAVID STEWART ELLIOTT became a member of the bar of Montgomery county in 1885 and located in the practice at Coffey- ville.
He was born in Bedford county, Pennsylvania. December 23rd, 1843. and at the age of about fifteen years entered a newspaper office to learn
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the business. In April, 1861, he enlisted in Co. "G." 13th Penn. Volun- teers, and at the end of his three months' term re-enlisted in Co. "E," 76th Penn. Volunteers, and served therein over three years.
In 1868 he assumed the editorship of the Bedford County Press, at Everett, Pennsylvania, which he continued 'till 1873. On February 9th, 1869, he was admitted to the bar of Bedford county, Pa. He was editor of the Everett, Pa., Press from 1881 to 1885, and in May of the last year located at Coffeyville, where from June 5th, 1885, to September 1st, 1897, he edited the Coffeyville Weekly Journal and early in 1892 he establish- ed the Daily Journal and edited it 'till 1897.
On April 5th, 1898, Captain Elliott enlisted and was commissioned Captain of Co. G. 20th Kansas regiment and entered the Spanish-Ameri- can war, and engaged in active warfare with the Filipinos early in 1899. While in line of duty, on February 28th, 1899, he was shot by a Filipino sharpshooter, and died a few hours later. His remains were brought home and buried at Coffeyville on April 14th, 1899, with military honors.
After locating in the county Captain Elliott devoted only a portion of his time to the practice of law. His tastes led to the formation of his fellow men into associations, political parties and other organizations and the promulgation and advocacy of their principles, rather than to the irksome and methodical work demanded in the practice of law. For this work of his choice he was by nature admirably equipped. He was a fluent and pleasant speaker and at once took a leading part in meet- ings to effect such organizations, or to advocate their tenets. As a writer he was terse, graceful and effective and as a solider, enthusiastic and courageous.
During his residence at Coffeyville Capt. Elliott was its attorney for one or more terms and a member, one term, of the Lower House of the Kansas Legislature, where he was at once a conspicuous member.
At his death he was a member of sixteen lodges.
J. D. EMERSON became a member of the bar of the county, and af- terward practiced law with Judge E. Herring at Independence. He then became interested in United States mail contracts in Louisiana and Texas and abandoned the practice.
He resided at Independence for some years after retiring from the practice and finally returned to Ohio.
OLIVER P. ERGENBRIGHT was admitted to the Montgomery county bar on July 10th, 1883. His life sketch appears in the department of biography in this work.
ELIJAH. EVANS did not, after his admission, engage in the practice of the profession in the county.
CHARLES FLETCHER was born at South Royalton, Vermont. January 11th, 1844, and admitted to the bar at Emporia in Lyon county,
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Kansas, in September, 1879. Before becoming a member of the bar Mr. Fletcher resided for a time at Plainfield, Vermont, then at Ware. Mass., where he was employed in a woolen mill, and was afterward in the same business in Boston, Mass., and at Norwich, Rockville and Hartford, Con- necticut. He then moved to Brookfield, Mo., where he was a locomotive engineer and subsequently settled at Emporia, Kansas, and engaged in the same vocation, until his admission to the bar. He then entered the practice at Emporia. which he continued at that place 'till October. 1901. when he located at Cherryvale, where he has since resided and practiced his profession.
G. W. FITZPATRICK was admitted to the bar of Montgomery county about 1897, and shortly afterward entered the practice at Coffey- ville as the senior member of the law firm of Fitzpatrick & Wiggins, and continued in the pursuit of his profession for two or three years, when he removed to the Choctaw Nation in the Indian Territory, where his prae- tice still continues. The members of this firm were the first and only colored men that ever became members of onr bar and while they prac- ticed here, were, by court and attorneys, freely accorded all rights and privileges that belong to the members of the profession.
ELMER W. FAY located at Old Liberty as a lawyer in 1869-be- fore any court existed in the county-and afterward entered the prace- tice as a partner in the law firm of Bass & Fay. and, later, he became "wheel horse" in the suit brought to compel the removal of the county offices to Old Liberty as a recognition of its claim to being the county seat. The stone was too ponderous to be moved to Mahomet's head and Old Liberty died in its infancy. without honors, and its eloquent cham- pion shortly after moved westward. After remaining at Pern, Chau- tauqua (then Howard) county a few years, Mr. Fay went to Texas where he engaged in the real estate business and came to grief.
Mr. Fay, before coming to Kansas, had been a minister of the gospel, but finding the restrictions imposed npon those who pursue that calling too distasteful for his peculiar temperament, came to Kansas, and sought to fill one of the grades in the legal profession ; and it is said by those who have heard him speak, that he filled the oratorieal features of it to perfection.
EMERY A. FOSTER was born at Dayton, Missouri. on July 17th, 1868, and the next year moved with his parents (MIr. and Mrs. Goodell Foster) to Montgomery county, Kansas, and, in 1870, located at Inde- pendence. He grew up in this city and spent his time attending the city schools and in reading law, 'till Angust. 1888, when, on a thorough ex- amination in open court in which he evinced remarkable proficiency. he was admitted to the bar of the county, before he was twenty-one years of age.
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HISTORY OF MONTGOMERY COUNTY, KANSAS.
He shortly afterward moved to Oklahoma where he began, and has since continued, the practice of his profession. At the November, 1902, „election in that territory he was chosen county attorney of Lincoln county and he is now performing the duties of that office.
FELIX J. FITCH located at Independence in 1890 and reference to him will be found on another page herein.
LUTHER FREEMAN was born at Fort Shaw, Montana, on Novem- ber 27th, 1872. His father, General Freeman, had spent his life in the regular army and, hence, Luther, while a boy, was moved from one mili- tary post to another where his father's duties called him. He became a member of the bar of Montgomery county and practiced here until June, 1902. when he took charge of a cattle ranch near Douglas, in Converse county. Wyoming, where he is now located.
Mr. Freeman was a student at Kenyon Military School at Gambier, Ohio, read law one year in the office of Judge J. D. Vandeman in Dela- ware and was a student of law for two years at the University of Miehi- gan, from which far-famed institution he graduated in 1894 with the degree of L. L. B.
BERNARD GAINES was admitted to the bar of Montgomery county on the certificate of his admission to practice in the courts of record in Kentucky. He never entered the practice here.
JAMES D. GAMBLE was one of the earliest members of the bar of the county and was. in the early 70's, a member of the law firm of Bennett & Gamble, which, for several years, did a thriving business in the prac- tice of law and as real estate agents. Some time before 1880 Mr. Gamble moved to Knoxville, Iowa, where he subsequently became Judge of the Cireuit or District Court.
NAPOLEON B. GARDNER was admitted as a member of the bar on the report of an examining committee appointed by Hon. H. G. Webb while he was presiding as judge pro tem. Mr. Gardner never pursued the practice in the county.
BARSABAS GILTNER was born at New Washington, Clark county. Indiana, on June 9th, 1832, and spent his boyhood days on a farm 'till he was thirteen years of age, when he entered Hanover Col- lege in his native state, where he studied for the next five years. He mov- ed to Indianapolis and taught school in and near the city, the next four years, and then studied law and was admitted to the bar at Danville, Indiana, in 1856, and at once entered the practice, which, except tho years 1863 and 1864, which he spent in teaching school at Richland, Iowa, he has since continuously pursued. In 1865 he located in the practice at Fairfield, Iowa, and after pursuing the profession there for about eight years, in 1873, he moved to Marshall county, Kansas, where he continued in the practice 'till he moved to Coffeyville in 1897. Owing
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to a physical disability in the shape of a broken ankle, he did nothing in his profession at Coffeyville until 1898, when he joined the bar of Mont- gomery county and has since practiced law. Mr. Giltner has never oc- cupied any public office, except that he served as common pleas attorney in Indiana from 1857 to 1863.
Mr. - -GIFFORD became a member of the bar of Montgomery county in the 80's and for about three years was located in the practice in partnership with E. L. Begun at Cherryvale, Kansas. About 1888 he located in the practice at Kansas City, Missouri, where he now resides. While living at Kansas City he has served as police judge.
GEORGE E. GILMORE has, since his admission, pursued his pro- fession at Independence, where he now resides, practicing law, handling real estate, writing insurance and is a pension attorney. He was ad- mitted to the Supreme Court July 3rd. 1901.
Mr. Gilmore was born at Grove City, Pennsylvania, on November 17th. 1861, and resided with his parents on a farm there until he was sixteen years old, and from that time until 1886 he attended the Grove City College and taught school. In July of that year he located at In- dependence, where he has since resided.
Since Mr. Gilmore came here he has successively elerked in the pro- bate court (under Col. Brown, probate judge) taught school, filled the office of justice of the peace five terms, handled realty on commission and been an insurance agent and has filled the office of city attorney for three successive terms.
COLONEL DANIEL GRASS was admitted to the bar of Mont- gomery county and practiced law in the county until his death at Cof- feyville, Kansas, on the 24th day of December, 1894.
He was born in Lawrence county, Illinois, on September 21st. 1825. and thereafter lived in his native county, attending and teaching school and farming until 1860, when he was admitted to the bar at Lawrence- ville, Illinois, and entered the practice at that place, which he pursued until the breaking out of the civil war, when he entered the Union army as a captain in the 8th Illinois infantry, which was recruited for the three months' service. At the end of his term of enlistment he resumed the practice which he continued until early in 1862, when he re-entered the military service as a first lieutenant in the 61st Ilinois infantry.
At the end of the term of his second enlistment by an eloquent speech, he induced nearly every other member of his regiment to remain in the war, that continued for a long time thereafter. He stayed in the army until the close of the war, and rose to the rank of colonel of his regiment.
Colonel Grass was a remarkable man. By nature he was endowed with many fine qualities "of heart and mind" and possessed an "iron con-
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stitution." He was generons and good to everyone, but himself. In his own affairs he was careless and improvident, to others in trouble his generous hand was ever ready to extend relief. He was all his life a great reader of the choicest works of literature, and had a well stored mind, which, with his natural gifts, enabled him to talk on many sub- jects most intelligently and entertainingly. His disposition was genial and happy. his manners polite, courteous and attractive-even in his most careless attire and to the humblest. He was a keen judge of human nature and an accurate critic of literature, and ever entertained a pro- found contempt for a deceitful or an unworthy man and never hesitated to dissect and expose the weaknesses of a literary production that may have been having a season of undeserved popularity. He loved his coun- try as he did his friends-patriotism and friendship were a part of him.
While Col. Grass was a well read lawyer, he was never technical in the application of its principles and was sometimes careless in those minor details that so often influence the result in a trial. His strong forte was his oratory, in which he excelled before a jury, and as a lec- turer and political speaker. His appeals to the jury were earnest, sin- cere and eloquent and his lectures and political speeches entertaining, instructive and effective. The colonel always evinced a keen interest in polities and was always one of the "wheel horses" in each compaign. For years he annually stumped the county for the Republican ticket and in expounding the principles of the party and enthusing its members, never sought for himself any public office, although any in the gift of his po- litical friends was ever within his reach. The only public office he ever filled in the state, was that of State Senator from Montgomery county from 1876 to 1880.
MAJOR H. D. Grant was admitted to the bar of Montgomery county in 1871 but never engaged in the practice of law. He was born in Chan- tauqua county, New York, on March 26th, 1835. He was reared 'till he was eighteen years of age. in Herkimer county, New York, and moved to Illinois where he worked for a short time on a farm and then entered Central College at JJackson, Michigan. Shortly afterward he assisted in recruiting Co. "1," 4th Michigan, and in July, 1862, entered the mili- tary service as first lieutenant of that company, and, a month later, was promoted to the captaincy of the same. Two months and a half later he was assigned to the command of a battalion in the army and continued in that position 'till May 27th, 1864, when he was taken prisoner near Kingston, Georgia. He was taken to Charleston, S. C., where he was one of the fifty officers of the U. S. army placed under fire to prevent further bombardment of the city. Two months later he was exchanged and there- upon returned to the army and served 'till December 11th, 1864, when he was mustered out. While in military service he participated in battle at
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Perryville. Stone River. Chicamanga and Missionary Ridge and was slightly wounded at Sparta. Tenn., in August, 1963.
After the war the major hekl several responsible positions in rail- road service in Tennessee, and also several important public offices at Nashville. He removed from Nashville to Montgomery county, Kansas. locating in what is now known as West Cherry Township, on February 5th, 1870. He came to Independence in 1873. where he has since resided. Since living in the county he has filled a number of responsible public offices, including deputy U. S. Marshal for Kansas and the Western Dis- triet of Arkansas, county commissioner. justice of the peace and police judge. The major has been in frail health for a number of years and has retired from all kinds of business and is now quietly living at his home in this city.
S. A. HALL was admitted to the bar of Montgomery county, Kansas, at the November, 1871, term of court on the certificate of admission to practice in the Supreme Court of Illinois. Ile was past middle life when he came to Montgomery county and practiced here four or five years, a part of the time alone and a portion of it in company with W. O. Syl- vester.
Mr. Hall did not have an extensive legal business and during the later years of his practice he unsuccessfully played the double role of at- torney and client in most of his cases.
WM. J. HARROD was admitted to the bar of the county on exami- nation and report of a committee.
He lived on a farm some years after, about two miles southeast of the present "McTaggart's Bridge" across the Verdigris, but never entered the practice, although he was a bright, active and well known man and might have been a success in the profession had his inclinations led him to pursue it.
THOMAS HARRISON was a conspienous character among the first pioneers of the county, and one of its first members of the bar. He was admitted to practice on the first day of the first term of the District Court in the county, held May 9th, 1870, and thereafter pursued the practice 'till March, 1877, when, on account of failing health, he retired from the practice and moved to his farm about three miles southwest of Independence, where he remained until his death on May 13th, 1894, ex- cept during the four years he served as probate judge ending in 1887, while he lived in the city. More extended reference is made to him else- where in this volume.
Judge Harrison was a man of lofty character and was ever held in the highest esteem for the many noble qualities he possessed. He was honest and sincere in his convictions and a man without guile and pos-
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sessed both moral and physical courage and could neither be driven nor led into anything he did not believe was right.
L. BENJAMIN HASBROOK was, at the age of about twenty-two years, admitted to the bar of Montgomery county, on the certificate of his admission to practice in the courts of record in New York State. He was of a highly respected family in the Empire State, and had been ten- derly reared by a widowed mother who had spared neither expense nor pains to edneate him. He did but little practice in this county, although fairly well skilled in the science of law, but in a short time went to Win- field, Kansas, and undertook the defense of a desperate criminal and, in the excitement or rather frenzy of the hour, was hung by a vigilanee committee.
ELIJAH D. HASTINGS was admitted by the District Court of the county in September, 1878, and located in the practice at Cherryvale, Kansas, which he continued for about twenty-two years, and then, owing to poor health, quit the practice and took up fire insurance, at which he is still engaged.
Mr. Hastings was born at Grantham, New Hampshire, on November 2nd, 1831, and spent his time there and at Newport in the same state, farming and teaching school, umtil 1859, when he was, at Newport, N. H., admitted to practice law. After practicing less than two years he en- tered the army and, after leaving it, located in the west. He settled at Cherryvale shortly before his admission to the Montgomery county bar and while residing there has been city attorney for three years and also a member of the city council for three terms.
JOHN A. HELPHINGSTINE wasadmitted to the bar of Montgomery county and at once entered the practice here, which he pursued for a short time as a partner of the law firm of Grass & Helphingstine. In 1871 he was elected police judge of Independence and at the end of his term was chosen county clerk. in which office he served three successive terms and thereafter, in 1880. moved to New Mexico, where he became engaged in the practice, and at the same time published a newspaper and was in- terested in mining 'till 1886. when he went to California and for years did an immense business in real estate.
While in New Mexico Mr. Helphingstine served as Inspector General of Militia with the rank of colonel. He is still an active and vigorous man and is enthusiastic over the mining prospects in New Mexico, and contemplates returning to the territory and engaging in the practice and looking after some mining interests he has in that territory.
BENJAMIN S. HENDERSON. upon his admission to the bar of Montgomery county, located and practiced law at Independence until early in 1882, when he moved to Chautauqua county, where he continued in the practice for about eight years, during which time he was county
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attorney for five years ; one year by appointment and two terms of two years each by election. He then moved to Winfield where he became a member of the law firm of Peckham & Henderson, which for several years was the general attorneys of the Denver, Memphis & Atlantic Railway Company during its construction. He afterward moved to Kan- sas City, Kansas, and entered the general practice under the firm name of Anderson & Henderson.
After several years he moved to Terre Haute, Indiana, and entered the practice as a member of the law firm of Beecher & Henderson and is now pursuing the practice at that place.
Mr. Henderson was born at Crittenden, Grant county, Kentucky. October Ist. 1843, and on October 4th, 1861. enlisted in the Union army and served until he was discharged in February, 1866. Afterward he moved to Washington. Daviess county, Indiana, where he taught school until January 1st. 1872. He was admitted to practice at Washington in September, 1871, and since January, 1872, he has been constantly in the practice.
In the practice Mr. Henderson was exceedingly active and energetic. and in the trial of causes aggressive, full of confidence and fearless, and in his pleas to the jury earnest, fluent and effective.
W. R. HENDRIX was admitted on examination to practice at the May, 1871, term of conrt but did not enter the legal field here.
EBENEZER HERRING was admitted to the bar of the county about 1871 ; and in 1872 was elected probate judge of the county which office he filled from January, 1873, to January, 1883. Afterward, on March 27th, 1883, he located at Kansas City. in the practice and in the real estate business, which he pursued there 'till his death on October 16th, 1888.
Judge Herring was born in Pennsylvania and went from there, when a young man. to Des Moines, Iowa, where he joined the army and was captain of Co. "E," 34th lowa Infantry. At the close of his military life he went into the grocery business at Mt. Pleasant, Iowa. and then entered the University at Iowa City, from which he was graduated, and afterward, in June, 1870, was admitted to the bar of Jowa.
lle then located in Independence, where he was associated in the practice with J. D. Emerson 'till elected probate judge of the county.
A. T. HIGBY was admitted to the bar of Montgomery county on the certificate of his admission to practice in Illinois but never entered the practice in the county.
RUFUS J. HILL was born in the city of Ogdensburg, in the State of New York, on the 16th day of February, 1836, and resided there until he was thirteen years of age, when he left home and spent about eight years on the St. Lawrence river and the Great Lakes.
In 1857, he left the river and lakes, and, at the age of twenty-one
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years, settled at Chatfield. Minnesota, where he remained 'till the sum- mer of 1863-during a greater portion of which time he acted as the agent of Messrs. Osborn & Sons, who were non-residents and owned large tracts of land in that state. Mr. Hill's duties extended to paying taxes, negotiating sales and reporting to his principals. During the winter seasons he also attended such schools as that new country afforded. He also, from August, 1862, to December, 1863, belonged to the state militia, which was being trained to be used, when urgent necessity demanded, in the Civil war, then raging in the country and for protection against threatened Indian invasions.
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