USA > Kansas > Montgomery County > History of Montgomery County, Kansas > Part 29
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Though remarkably free from personal vanity, Mr. Dunkin felt the just and laudable pride of a true Virginian in the splendid history of his native State-the Mother of Presidents; but as a young and ambitious lawyer he drew his controlling inspiration from the more enduring fame of the Pinckneys, the Marshalls, the Wirts and other great jurists and lawyers of Virginia whose brilliant careers have so profoundly impress- ed the judicial history of the country, and shed imperishable Inster upon the American bar. Indeed he was guided, from the start, by the well- known advice of William Wirt to a young lawyer, "to read law like a horse, pursue it indefatigably and suffer no butterfly's wings or stones to draw you aside from it." Accordingly. he resisted the temptation that comes to so many young attorneys to dabble in politics, or other lines of business, and confined himself exclusively to the study and prac- tice of his chosen profession. Notwithstanding his unusually thorough
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equipment, in the way of preliminary study, he devoted his leisure time to his books with remarkable assiduity.
He did not long wait for clients. Almost from the beginning, busi- ness came to him and in less than a year he was retained in much of the more important litigation pending in our courts. He rapidly acquired a practice that kept him busily employed, not only in the District Courts of this and neighboring counties, but extending to the Supreme and Fed- eral Courts of Kansas.
His practice grew upon him steadily until it taxed his energies and time to the utmost limit, though few men equaled him in that peculiar faculty of dispatching business rapidly and well done. This practice he held for nearly a quarter of a century, down to the last few years, when he voluntarily relinquished part of it, in a measure, retiring from active professional work ; retaining, however, his large library and his old office, or "work-shop," as he calls it, where he has spent so many of the best and busiest years of a strenuous professional life.
Of an active temperament, and being as vigorous as ever, both men- tally and physically, he seems loth to entirely abandon his work as a law- ver and still retains a limited clientage among his old friends-includ- ing his attorneyship for the Santa Fe Railway Company-and acts as advisory counsel in the more important cases, especially in connection with the younger members of the bar, who consult him freely and draw liberally upon him for his judgement and advice.
In addition to this Mr. Dunkin devotes much time and attention to his extensive private business concerns, including the care of his large and valuable real estate holdings, taking special pride and interest in the management of his extensive farm properties in Montgomery county.
The very marked success of Mr. Dunkin as a lawyer, is easily ac- counted for by those who know him best. First, his natural gifts and mental endowments were decidedly favorable to the legal profession. Second, his preliminary training and education for the bar were thor- ough. Third, he supplemented these advantages by devoting his leisure to hard and persistent study of the law, after coming to the bar, observ- ing Wirt's advice, before quoted, most faithfully. He thus became a strong lawyer, fully armed and equipped at every point, displaying a versatility of legal talent that was, to say the least. remarkable; and it is no disparagement to others to say, that as an all-round lawyer, he has had no superior at the Montgomery county bar, one of the strongest in the State.
To his thorough knowledge of the general principles of law, he adds a remarkable clearness of judgment in the application of these principles to the facts of the case under consideration, so that he is seldom mis- taken as to the remedy to be invoked or the faets necessary to entitle a client to the relief asked for. He is skillful and resourceful in the trial
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of causes, especially in the examination and cross-examination of wit- nesses. He is especially strong in the art of developing, marshaling and presenting testimony to the best advantage in support of his theory of a given case, and very artful in the examination of witnesses called to give expert testimony, particularly medical or surgical in character.
As an advocate, he affects neither the flowers of rhetoric, nor the finer graces of oratory ; and yet, he is a strong, ready and fluent speaker. His success as an advocate lies in clear thinking. cogent reasoning, an earnest and forceful manner, with an instinctive grasp of the salient questions of law and fact involved in the cases at bar.
Mr. Dunkin is further aided in the trial of causes by the unbounded confidence of court, jury and his brethren of the bar in his absolute sin- cerity and the high sense of honor and probity which characterize his conduct at the bar, and in all the relations of life. It is safe to assert that during his longer service at the bar of the county. his word, once giv- en, his promise once made, concerning the management of cases pending, was accepted with implicit confidence by his fellow lawyers, who never challenged or called in question the good faith or motives of his conduct.
Ile detests the sharp practices and doubtful methods occasionally employed by some, and at all times seeks to practice law on the high plane of an honorable and learned profession.
These well-known traits have contributed much to his standing with the courts and juries, giving him the victory in many a closely contested case, where the scales of justice seemed evenly balanced.
His conduct toward the court is ever respectful and dignified, but he never sought special favors from the bench. He asks only for fair treatment, relying on the law and the facts of his case, jealous of his rights as an attorney, and the interests of his client under the law which he has undertaken to protect.
His relations with his fellow-members-of-the-bar are always cordial and friendly, and his treatment of them uniformly courteous and manly. While he is justly regarded as a dangerous antagonist in the trial and management of hotly contested lawsuits, yet he commands the respect and confidence of both bench and bar by the frank and open methods that over characterize his course both in his private and professional business. He never recognized the false distinction sometimes attempt- ed between personal and professional integrity. and. as a lawyer. he has ever observed the same high standard of ethics, and lofty conception of honor that governed him in all the walks of life. His reward has been rich in a long and successful career at the bar. and in the nnqualified respect and confidence of his professional brethren, which he richly de- serves and enjoys ; a well merited tribute-"more precious than rubies" -to his learning, integrity and ability as a lawyer.
Though a close student of political questions, and keenly interested
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in public affairs, Mr. Dunkin never sought political preferment. He served a term or two as city attorney of Independence, and also as may- or, at a time when important public interests seemed to call for espe- cially careful attention regardless of partisan considerations; and it is needless to say that he discharged the duties of these public trusts faithfully and efficiently, displaying a high order of ability for public affairs, both executive and administrative.
Too broad and tolerant in his mental makeup to be a rabid partisan, he is politically a Democrat of the Jefferson school. Positive in his convictions as to principles and policies, he is so fair and liberal in his conduct toward those who hold a different political faith, as to com- mand the general respect and confidence of all his fellow citizens; and even his elosest personal friendships and professional associations have been formed and maintained absolutely regardless of party lines. When he transplanted himself from Virginia to Kansas, had he followed the example of many others, and allied himself with the dominant (Repub- lican) party, in which he had so many personal friends, there is little room for doubt that he would have found an open door to a successful political career, if his tastes and ambitions had inclined in that direc- tion. He fully realized, however, that "the law is a jealous mistress :" that eminence in the legal profession requires a constancy of applica- tion that forbids the dissipation of time and energy necessary to the pur- suit of political distinction, which, at best, is but transitory and fraught with untold disappointments, vanity and vexation of spirit.
Probably, only judicial honors ever tempted him, as they do most lawyers at times, but these, like political honors, in Kansas, are cast in- to the general partisan hotch potch and controlled by the conventions of the dominant political party to which Mr. Dunkin does not belong. though within its ranks he has hosts of personal friends who would be glad to see him round ont his long and successful career at the bar, by an experience on the bench for which his talents and life work so emi- nently fit him.
To the younger aspirants for professional honors at the bar, the career of William Dnukin is valuable as a striking example of the suc- cess that can come only by the singleness of purpose, diligently pursued, which held him to his books and his briefs "without variableness or shadow of turning." coupled with a true conception of the high calling of a lawyer in connection with the administration of justice, concerning, as it does, the most vital affairs of society.
Whatever the future may hold in store for Mr. Dunkin in a profess- sional way, his record as a lawyer. already made, is certainly a most gratifying one to him, as it surely is to his multitude of friends. Like a veteran soldier, justly proud of the scars received as he stood on the "perilous edge of battle" on many historie fields, Mr. Dunkin can survey
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and review with modest and becoming pride and satisfaction, his quarter century of active service at the bar, with its conflicts fierce and furious, its battles lost and won, its varied experiences, both pleasurable and ex- citing, that make up the life work of a busy lawyer; a retrospect, sad- dened only by the recollections of so many members of the Montgomery county bar, once so bright and active in the years gone by. who have re- moved to other fields of labor, or have gone to "that undiscovered coun- try from whose bourne no traveler returns."
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HISTORY OF MONTGOMERY COUNTY, KANSAS.
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BIOGRAPHIES
EBENEZER ERSKINE WILSON-One of the incorporators of the- county seat of Montgomery county and the pioneer merchant of that city, was the late subject of this memoir, E. E. Wilson. His life, from that August day in 1869, when he first occupied a spot on the Independence townsite, to the day of his death. Angust 28th, 1894, was a leading and active spirit in the public affairs of the county and by the character of his citizenship won the confidence and esteem of his city and county.
Ebenezer E. Wilson was a native of the "Keystone State." He was born at Elizabeth, in Allegheny county, November 21st. 1838, and was reared on his father's farm. His father provided him with only the ad- vantages of a country school education. When the Rebellion came on his patriotic enthusiasm led him to enlist as a private soldier at MeKees- port, Pennsylvania, April 22nd, 1861, but he was rejected because of a crippled hand. September 25th, of the same year, he enlisted in Company "C"," of the 2nd West Virginia Cav., and passed into the service without question. His record shows his service to have been meritorions and he received promotions from the ranks to a captain's commission, as fol- lows: Sergeant, November 1st, 1862; Orderly Sergeant, October 16th, 1863; Second Lieutenant, April 9th, 1864; First Lieutenant, November 26th. 1864; Captain, January 7th, 1865, and, as such, was mustered out at Wheeling, West Virginia, June 30th, 1865.
Returning home he remained a citizen of his native state 'till March, 1867. when he immigrated to Kansas, settling at Fontana, where he main- tained his residence 'till Angust. 1869, when he drove into Montgomery county with the goods necessary to stock a small store in the proposed town of Independence. It was the first stock of goods brought to the place and the expense of getting them to their destination was $2.25 per hundred pounds. The building in which he installed it was one with dimensions 14x24 feet, and cost $500.00. It was one story high and the business that was done within its walls rendered it an important mart of trade in those days. In company with F. D. Irwin, he began business October 1st, and the partnership lasted two years. He was one of the earliest business men of Elk City, where he was identified perhaps two years, but his chief concern was for his favorite, Independence, and he maintained his residence there in almost unbroken continuance for twenty-five years. His high standing as a citizen commended him to the best consideration of the voters of the town and county and he held sey-
E E. WILSON.
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eral offices, beginning with that of Mayor of Independence.
was a member of the board of trustees, who incorporated the town July 23rd, 1870, and the next year was elected its chief executive officer. In 1874, he was appointed deputy county treasurer and did the work of the office as such 'till 1882, when he became treasurer himself. lle was ap- pointed postmaster of Independence by President Harrison, and died the incumbent of the office. He was prominent in the Grand Army, was post commander of MePherson Post, and was president of the Independence Reunion in 1881 and 1882.
Mr. Wilson was first married to Rebecca Braden, a lady of Washing- ton, Pennsylvania, who died in a few months, at Grand View. Ilinois, January 30th, 1872, he married Morna Moore, a native of Knox county, Illinois. January 30th, 1890, she died, leaving children: Zell, wife of Assistant General Freight Agent of the Mo. Pac. Ry., Arthur T. Stewart, of St. Louis, Mo .; Albert E., manager of the Hall-Baker Grain Co.'s ele- vator business in Coffeyville ; Sallie B. and Floyd M., twins, born March 15th. 1878; Jennie M., wife of Thomas E. Wagstaff, of Coffeyville, born May 25th, 1880; and George T., born March 24th, 1883, who is in the state grain inspection department at Coffeyville.
Albert E. Wilson, second child of our subject. was born in Indepen- dence, Kansas, February 24th, 1876, and grew up and was educated in the public schools of that city. He took a course in short-hand in St. Louis, Mo., and at nineteen years of age began life as stenographer for Hall and Robinson, in the grain business in Coffeyville. He filled this position eighteen months and was then made the company's book-keeper, in which capacity he served two years, being then made manager of the firm's business in Coffeyville, in 1899. This firm was one of the leading exporters of grain in the west and their business in Coffeyville marks this city as one of their most important points.
Like his father, Mr. Wilson is a Republican, and was a delegate from Montgomery county to the state convention at Wichita in 1902, where he helped nominate W. J. Bailey for Governor of Kansas. He is commit- teeman for the third ward of Coffeyville and is secretary of the city cen- tral committee of his party. He is a Master Mason, an Elk and is un- married.
HORACE H. CRANE-The names of some of the pioneers of the West are preserved in the names of towns and cities in the localities where they settled. This is true with the name which is here presented, it having taken its name from the gentleman who is herewith reviewed, and who, in 1868, first settled on the tract which now furnishes the site for the railway station of that name. Mr. Crane purchased the protec- tion and right of settlement from the noted Osage Indian chief, Nopa-
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walla, for the sum of one hundred dollars. This was to guarantee pro- teetion for ten families, which Mr. Crane wished to settle in that vicin- ity. It is worthy of note that while no paper was signed between the parties, the chief carried out his part of the agreement without a breach. There were at that time some four hundred Indians in that immediate vicinity, and some of them remained until the government removed them by force.
Horace H. Crane was born on the 15th of November, 1836, in Shalers- ville, Ohio, the son of William B. Crane, who was the son of Belden Crane. a native of Connecticut. Belden Crane reared seven children, Jerusha Chamberlain, Orville, Laura Tilden. William, Frederick. Asenath and Orlando. William B. Crane was born in Shalersville. Ohio, in 1803. He married Sallie Ann Olney, who was a sister of Jesse Olney, the author of the Olney Geography. To this union were born Asenath Fitch. now residing in Oklahoma ; Calista Ryan, deceased : William W .. who resides with Horace; Helen Cavert, deceased ; Horare H .. the subject of this re- view, and Oscar, deceased.
Horace HI. Crane resided in the place of his birth until the age of nine, when he accompanied his parents to Appleton. Wisconsin, where he was living at the time of the Civil war. In 1862 he answered the call of his country and enlisted in Co. "1" Brd Wis. Vol Cav., under Col. Bar- ratow. General Blunt's division of the Army of the West. In this regi- ment he saw some active service, participating in the battles of Cane Hill and Pea Ridge, and in numerous skirmishes. Much of his service was in the escorting of government trains through Missouri and Arkan- sas. Ile was mustered out at Fort Scott, in August. 1863.
Before returning home from the army he purchased, in the vicinity of Fort Scott. a car load of horses, and took them through to Wisconsin, and disposed of them at his old home. After a short visit he returned to Kansas and settled on a farm near Leroy, Coffey county. from which place he came to Montgomery county in 1868, as stated.
While living in Coffey county, Mr. Crane met and married Elizabeth, daughter of Charles and Elizabeth (Hunter) High. these parents being natives of the Keystone and Blue Grass states, respectively. Mrs. Crane was born in Warren county, Indiana, March 27th, 1842, where she lived until she was eighteen years of age, when she accompanied her parents to Coffey county, Kansas. To the marriage of Mr. and Mrs. Crane four children have been born, viz: Charles O., of Bristol, 1. T., who is married to Minnie St. John and has three children . Fred, Bessie and Paul; Frankie resides at home; Ilorace O. and Frederick HI. reside at Elgin, Kansas. The quarter of land which Mr. Crane selected and filed on was in section 5-32-15. To this body he has added until he now owns 330 acres. Since the discovery of oil and gas he has been very active in drill- ing on his land and has met with much success.
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During the residence of Mr. Crane in Sycamore township, he has evinced a lively interest in the educational and religious welfare of the community and has served in the various unpaid offices of the school dis- triet and township. He is a firm believer in fraternal principles and is a member of several of the most worthy fraternities. He is a Knight Templar Mason and a Shriner, is also a member of the Elks, the Wood- men of the World, and of MePherson Post, Grand Army of the Republic.
JOHN NEWTON-Since 1884 there has lived in Sycamore township the gentleman above named, who has established a reputation for up- rightness and integrity equaled by few and surpassed by none. He re- sides on section 7-31-15, where he cultivates one of the most tasty farms in the township.
Mr. Newton is a native of the "Buckeye" state, his birth occuring in Harrison county, March 14th. 1842. He was reared to farm life and accompanied his parents in their removal to Tuscarawas county, Ohio, where he continued to reside until the date of his coming to Montgomery county. Kansas. In May of 1865, he enlisted as a private soldier in Co. "D." 16th Ohio National Guard, under Colonel Taylor, and General Siegel, of the Army of the Potomac. He spent some four months in the service-being at Martinsburg and Harper's Ferry-and was mustered out at the capital of his state.
Mr. Newton takes a good citizen's part in the life of his community. He has served on the school board and as road overseer of his district. He is a member of the Grand Army of the Republic and has been a Repub- lican since he was able to cast a vote.
Turning now to the points of interest in the family history of Mr. Newton, the biographer recalls that he is a son of Isaac and Rachel (Murphy) Newton. both natives of Ohio. Isaac was a son of Levi and Mary Newton, whose children were: Ransom. Isaac, Levi. Zimena, Rox- ina and Annie. To the marriage of Isaac Newton and his wife were born nine children, as follows: Louise Hasebrook, Anne Smiley, of JJewit, O .; Martha Walker, of Urichsville, O .; Jane Brewster. of Montgomery county; Matilda Kennedy, of Columbus, Ohio; John. the subject of this review ; Robert, of Illinois; Luther, deceased, and Albert, who resides in Ohio. After the death of the mother of these children, Isaac Newton married Mary J. Tope, to whom were born Cora Baumer and Netta Thomas, both of whom reside in Ohio.
The domestic life of our subject was begun March 2, 1866. when he was happily joined in marriage with Mary E. Balitt. Mrs. Newton was born in Tnsearawas county, Chio. March 23rd. 1845, and is a daughter of Samuel and Mary A. ( Baltzey, Balitt, natives, respectively, of Pennsyl- vania and Ohio. Mr. and Mrs. Newton's children are as follows: Mary
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C. Wilson, with her four children, Nellie. Harris, Frank and Bulah, re- sides in Montgomery county ; Sarah L. Mathis, resides in Indian Terri- tory with her children, Maude, Frederick and Lester M .; Isaac, vet at home ; Daniel O., of Montgomery county ; Luman B., at home, and Carrie M. Oliver, with her daughter, Flora, resides in Sycamore, Kansas.
As a member of this family there is at present the mother of Mrs. Newton, Mrs. Mary Balitt, now in her SOth year.
WILLIAM CAHOON BAYLIES-The pioneer has been the advance guard of civilization and about his personality clings the story of the ad- vanee, the struggle and the final victory. What is true of him in other localities is true of him in Montgomery county. He has helped to lay the foundation for the splendid work going on about us and to him who came at the beginning, remained to the finish and is here now. is due great credit, now and everlasting. In this list and belonging to this class we are pleased to present William C. Baylies, the subject of this review.
Mr. Baylies came to Montgomery county in July. 1869. when the Red Men ruled, but chaos reigned. He came as a settler and in search of a home and he located on section 16, township 32, range 15. just sonth of Table Mound, where the transition from nature to art persistently and systematically took place. He came to the county by wagon, with less than fifty dollars in his pocket. from the state of lowa. He is, by nativ- ity, a Southern man but by disposition and training. decidedly North- ern. He was born in St. Helena Parish, Louisiana, July 27th. 1843, and is a son of Nicholas Baylies, who was born in Vermont's capital April 9th, 1809. His grandfather was also Nicholas Baylies, born on the 9th of April. 1869, in Massachusetts, and Nicholas and Mary were the par- ents of three children. namely: Horatio N., Mary R., and Nicholas. They emmigrated from the Old Bay State and settled near Montpelier, Vermont, where their children grew up. Their youngest child married Harriet Helen Cahoon, a daughter of William Cahoon, of Lyndon, Ver- mont. a lineal descendent of the famous founder of the Colony of Rhode Island. (It is a distinction worthy of record to descend from the first great pioneer preacher. Roger Williams.) Eight children were born to Nicholas and Harriet Baylies, as follows : William C., Ripley N., Lawson W., Mary H., Charles E., Oscar S., Francis A., and George A.
When William C. Baylies was eight years old his parents returned north with their family. after having spent several years in the South, and located in Griggsville, Illinois, where they resided 'till 1858, going thence to Des Moines, lowa. The common schools had to do with the education of our subject and when the Rebellion came on he enlisted in Company "K." 10th Iowa Inf., under Col. Perezell. His regiment formed a part of the 15th Army Corps. Army of the Tennessee, and was in bat-
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HISTORY OF MONTGOMERY COUNTY, KANSAS.
tle at Island No. 10. New Madrid, Corinth. Vicksburg, thenee east to the aid of Rosecrans at Chattanooga, thence on the campaign of Atlanta and the march to the sea. Its service ended with the march up through the Con- federacy from Savanna to Washington, D. C., where Mr. Baylies received orders to proceed to Little Rock, Arkansas, from which point he was or- dered to Davenport, Iowa, to be mustered out, on the 15th of August, 1865. He enlisted as a private, was promoted through the grades of non- commissioned officers and commissioned a First Leutenant, and as such, was mustered out.
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