History of Nemaha County, Kansas, Part 19

Author: Tennal, Ralph 1872-
Publication date: 1916
Publisher: Lawrence, Kan., Standard Publishing Company
Number of Pages: 964

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However wise, beneficient and just the laws may be, much depends on the application of the law to the existing facts of the case on trial and its proper enforcement, to prevent a miscarriage of justice. It must be remembered that all officers, from the highest to the lowest, are but hu- man, moved by the same passions and prejudices as other men, and sub- ject to the same liability to err, so gentle reader, if you would be secure in your full rights under the law, see that the most available men of integrity, capacity, suitable temperament and sound common sense, be chosen to administer and enforce the law without fear, favor or oppres- sion, always remembering that where the best results are not reached in lawsuits, the failure can be generally traced to the defects or weaknesses of witnesses, juries, attorneys or judges and not to the laws themselves.

THE BENCH.

"When on you the law, Places its majestic paw Whether in innocence or guilt You are then required to wilt."

-IVare.

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The "Bench" is a designation originally applied to the seat of the judges, when benches, instead of richly upholstered furniture, on which they now recline, was in use and the term "Bench" was applied to the judges collectively, as a distinction from the attorneys and counsellors, who are called the "Bar." Anciently all, and now many of the judges in the nations of the world, were arbitrarily appointed by the king, prince, power or potentate governing the Realm and held their office during life or the pleasure of the sovereign, and even now, in our own democratic republic, all Federal judges are appointed by the President. Judges so chosen naturally are more or less subservient to the power that creates them and the common rights of the people are greatly endangered and there have been many instances where they have been grossly and ar- bitrarily denied.

In this free and enlightened Nation, where the judges or "Bench" in all the States are chosen by the ballot of the citizens at their general elec- tions, and recently without regard to political considerations, or the in- trigue of political parties and politicians, the common people are supreme in their ballots and can have an intimate knowledge of the honesty, in- tegrity, capability and temperament of the men whom they elevate to these very important trusts. Few mistakes are made in their selections and when made, the people stand ready to yield them a cheerful, respect- ful and courteous obedience, while applying the law that governs them, which of necessity gives them almost autocratic power over their lives, property and liberty, subject to review only by a higher court, and in many instances of discretion and weight of evidence, their decision is fi- nal and cannot be reviewed even on appeal. An ignorant, a dishonest, a revengeful, an impetuous and a partisan judge is a menace to the rights and privileges of every citizen and it is a wonder that there are so few instances on record where this autocratic power has been abused and for this reason there is a general feeling of respect and confidence in the ju- diciary, that makes their duties and positions a pleasant task.

May 30, 1854, by an act of Congress, Kansas was organized into a Territory, conferring the functions of government and vesting the ju- dicial power of the same in a supreme court, consisting of a chief jus- tice and two associate justices, all appointed by the President, and pro- viding the territory should be divided into three judicial districts and that a court be held in each district, by one of the supreme judges, who should possess chancery and common law jurisdiction, in the trial of cases. Nemaha county was placed in the Second Judicial district and the first court was held at Lecompton, Douglas county. When the State was organized in 1861, Nemaha county was in the same district and so remained until 1876, when a new district was created, consisting of Nemaha, Brown and Doniphan counties and said district was then and ever since has been constituted as the "Twenty-second Judicial District of the State." The respective judges of the District Court sitting in and for Nemaha county, Kansas, are as follows:

Albert L. Lee, of Elwood, Doniphan county, Kansas, on the organi-

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zation of Kansas as a State, was duly appointed by the Governor, Jan- uary 29, 1861, and while he immediately qualified and passed on some matters at Chambers, he never held a term of court in this county and on October 31, 1861, he resigned and entered the Union army and served during the Civil war and rose to the rank of brigadier general and after the war he settled in the East. But little is known of him personally here now, except that he was a bright, capable young attorney of good repute and lived a successful and prosperous life. He died in New York City December 31, 1907. After his resignation,

Albert H. Horton, of Atchison, Kans., was appointed as his suc- cessor on October 31, 1861, and afterward held by election until May II, 1866, when he resigned and resumed the practice of law at Atchison, Kans., until January, 1877, when by election he assumed the duties of Chief Justice of the Supreme Court of the State of Kansas, which posi- tion he held continuously until April 30, 1895, when he resigned and be- came a very active candidate for United States Senator, but failed by a very small majority of election and later died at his home in Atchison, September 2, 1902. He was always popular and a man of great force of character, clear and logical, and his opinions richly illuminate the pages of the supreme court reports, while acting as its chief justice for seven- teen years. After his resignation as district judge,

Robert St. Clair Graham, of Atchison, Kans., was appointed to fill his place on May 11, 1866, and was reelected and served until January, 1869. He was a young man of good family connections and a fair law- yer and made a creditable judge, but was defeated for nomination on the Republican ticket. His successor,

Nathan Price, of Troy, Doniphan county, Kansas, was elected and served from January, 1869, until March 1, 1872, when he resigned, to contest for the nomination on the Republican ticket, for the office of representative in Congress, but failing to secure the nomination he re- sumed the practice of law at Troy, Kans., which he continued until his death, March 8, 1883. He was a type of the early settler, strong, vigor- ous and forceful in body and mind and a capable and popular judge. He was succeeded by

Perry L. Hubbard, of Atchison, Kans., who was first appointed and afterward elected and served until January, 1877. He was a gentleman- ly politician, of kindly disposition of a good judicial temperament and of fair ability but had many bitter enemies among the bar of the district, who after his renomination on the Republican ticket, were largely instru- mental in defeating him at the polls, notwithstanding the large Repub- lican majority in the district. He died in Atchison, May 7, 1912.

Alfred G. Otis, of Atchison, Kans., was the first Democrat to hold the office of judge of this district. After defeating Judge Hubbard, he served from January, 1877, to January, 1881. He died in Atchison March 2, 1901. He was a good lawyer, a capable judge, and well liked by the bar and the people. At the end of his first term he was renominat-

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ed by his party, but defeated by the large Republican majority of the dis- trict and gave way to

David Martin, of Atchison, who served the people of Nemaha county faithfully and well from January, 1881, until the formation of the new Twenty-second district, composed of Nemaha, Brown and Doniphan counties, in 1886, leaving him in charge of the old Second judicial dis- trict, composed of Atchison county alone, which he continued to serve as judge for many years thereafter. There never has been a district judge on the bench of this county that has commanded a greater univer- sal respect from both the bar and the people. He did not have a parti- cularly active and alert mind and might be termed a "plodder" but was of a kindly disposition, careful and very conscientious in his methods, dispatched business satisfactorily and seldom failed to arrive at the cor- rect results. His judicial temperament and methods were almost be- yond criticism. To the casual observer he had few attractions; short of stature, very fleshy and waddled as he walked, cheeks flabby and fore- head low and retreating and not fluent of speech, the first impression would naturally be that he was dull, yet he plodded steadily on and up- ward, from student to practitioner, from justice of the peace to district judge and thence up the ladder of fame and usefulness to the highest ju- dicial office in the State, Chief Justice of the Supreme Court of Kansas, which he graced with dignity and learning, and while ascending the ju- dicial ladder, by his kindly consideration for the rights of others he won the universal love and confidence of all who knew him and became the ideal man and judge, worthy to be imitated by one and all. He died in Atchison, Kans., several years ago.

Reuben C. Bassett, of Seneca, Kans., a member of the Nemaha coun- ty bar, was a member of the State legislature in 1886 and was largely in- strumental in having the law passed creating the new Twenty-second judicial district, and was rewarded by being appointed its first judge by the governor. His appointment dated February 25, 1886, to fill the va- cancy and was reelected and served to the end of the term, in January, 1891. when he retired and moved to Chicago, Ill., where he engaged in the wholesale lumber trade, also practiced law there and later removed to Oklahoma, where he now resides. He was a well informed, scholarly and capable lawyer and judge and his career on the bench was highly satis- factory to his constituents. His successor,

John F. Thompson, of Seneca and the Nemaha county bar, was elect- ed on a fusion ticket of the Democrats and Populists, over Simon L. · Ryan, of Hiawatha, Kans., the Republican nominee, and served his four years' term, beginning January, 1891, and ending January, 1895, when he resumed the practice of law at Seneca and afterward removed to Iola, where he died. At both Seneca and Iola his son, William Howard Thomp- son, now United States Senator of Kansas, was his law partner. Judge Thompson presided with dignity, was careful and deliberate, and courte- ous to all, and his administration tended to elevate the dignity of the

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bench and inspire confidence of the people in the laws. The great Popu- list wave at the end of his first term had subsided and while he was a candidate for reelection on the Democratic ticket he was defeated at the polls by

Rufus M. Emery, of the Seneca bar, then State senator from his dis- trict and a member of the Nemaha county bar since 1877, whose term be- gan in January, 1895 and ended in January, 1899. He was elected at the age of forty years, after an active experience as practitioner, county at- torney for six years and State senator for four years. He is the writer of this article and his natural modesty forbids that he should place an es- timate of his record on the bench, but he can truthfully state that his four ycars' term as judge, was the most pleasant and satisfactory business of his life to him: that he was received and treated with courtesy and respect by the bar and the people of his district, among whom he formed many lifelong friendships, which he still values and cherishes. He re- tired from the bench under pressure from the politicians, with a high re- gard for the honesty, integrity and ability of the bar of the district and resumed the practice of law with his son, R. M. Emery, Jr., as his part- ner, at Seneca, Kans., where he still resides and is in the active practice of his profession. He was succeeded by

William I. Stuart, of Troy, now of Hiawatha, Kans., January, 1899, who, as the Republican nominee of his party, defeated James Fallon of Hiawatha, Kans., and has been reelected and served continuously as judge, to the present time and holds the record for continuous service on the bench of the district, which is the highest evidence of the fact that his administration of the office has been satisfactory to the people, and his quick, active, judicial mind has secured to all, speedy and impartial justice during his long service in office. In 1912, he contested the nom- ination of representative in Congress in the Republican primaries of this district, with Hon. D. R. Anthony, Jr., but failed of nomination and is now favorably spoken of as a candidate for Justice of the Supreme Court.

DISTRICT CLERKS.

A very important office in connection with the "Bench" and "Bar" of each county, is clerk of the district court. Not only should this of- ficer be a person of intelligence, methodical and of good clerical ability, but as large sums of money are paid in and disbursed through this of- fice, he or she should be honest and capable with confidence in themselves to discharge the manifold duties required of them, by the court and the law, very often crowding upon them, in the most bewildering and com- plex manner, likely to disturb the equilibrium of the ordinary person. Nemaha county has been fortunate in securing such persons, many of whom have been of the gentler sex. The following is a list of such clerks in the order they have served since the State was organized and the reader will recognize among them many old friends and business as-

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sociates : J. C. Hebbard, O. C. Bruner, William Histed, Abijah Wells, Wmn. R. Wells, J. H. Williams, George Gould, G. R. Benedict, Jas. H. Gleason, H. B. Crary, D. M. Linn, J. D. Magill, Miss Blanche Magill, Miss Lulu Ervin, J. E. Neighbor, Miss Mable Worley.

SHERIFFS.

What has been said of the clerks of the district court is also true of the sheriff, who, under the direction of the presiding judge, has the general supervision of the court room, the process and orders of the court and who is specially charged with preserving the order and tran- quility of the county, the suppression of crime and the apprehension and safe keeping of those charged and convicted of crime. In this office is re- quired a personal and moral courage, practical common sense and a clear and active executive mind that will insure speedy and intelligent action, in pursuing and arresting criminals and securing the rigid enforcement of all laws, without fear or favor, with a due regard to the interests of the State, the people and the rights of the accused. We believe the essential requirements of this office have been exercised by the sheriffs who have served the county since the organization of the State, a list of whom is given in the chapter on county organization.

COUNTY ATTORNEYS.

Early in the history of Kansas, the present duties of county attorneys were incumbent on a prosecuting attorney of the entire judicial district, who accompanied the judge on his circuit through the counties and prosecuted all criminal cases. The first three in the list below were prose- cuting attorneys. The county attorney's duties consist in advising the county and other officers as to their duties under the law, representing the county in all civil cases and he has charge of all violations of law and the prosecution of offenders in the courts of the county. The faith- ful and efficient discharge of his duties are of the utmost importance to society, the welfare of the community and the security of the individual in his personal and property rights. Nearly all the leading lawyers of . this bar have in times past, served as county attorney and their efficient service is largely responsible for the present quiet, orderly, law abiding and law loving condition of society in this county, at this time. " In the order they have served we name them in the chapter on county organiza- tion.

PROBATE JUDGES.

There is no county office so important and filled with greater respon- sibilities as that of probate judge. Once in a lifetime all the property in the county comes under his jurisdiction, and the title thereto is likely to be affected by his acts and decisions. He has supervision and con-

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trol, through his appointed administrators, executors, trustees and es- tates of all deceased persons and those incompetent to transact their business. The unfortunate insane, imbecile, drunkard and incorrigible children must be tried and adjudged such, in his court and he has "Hab- eas Corpus" jurisdiction to determine whether any one is illegally re- strained of his liberty and to determine the custody of children and incor- rigibles. It is very necessary that his records and proceedings be accur- ate, methodical and lawful and that no error, by carelessness, may appear on his records to cast a cloud on the title of the real estate of the county. He should not only be clear headed, conscientious and a practical man of good judgment, but should have a legal education and a thorough knowledge of the law to insure the fullest protection to the widows, or- phans and unfortunates as the law contemplates. Nemaha county has been most fortunate, in the selections of her probate judges. We have had some that were lacking in these requirements, but fortunately no very serious consequences have occurred. Self interest should demand of every elector that the judiciary be kept out of politics and that they se- lect and vote for the best and most capable candidate for this most im- portant office. Space forbids special mention but we give in the chapter on county organization the list of Probate Judges and the date of the be- ginning of their respective terms.

CHAPTER XXIV.

THE BENCH AND BAR. (Continued.)

THE BAR-A LAWYER'S DUTY-HIS WORK-RESIDENT LAWYERS-NEMAHA ATTORNEYS WHO HAVE ATTAINED DISTINCTION- EXPERIENCES OF LAWYERS-SENATOR INGALLS-CASES-EARLY JURIES-IMPORTANT CASES-LOUIS LORIMER AND REGIS LOISEL TITLES-RAILROAD BOND CASE-NOTED CRIMINAL CASES-STATE VS. BLANCETT-STATE VS. JOHN CRAIG-STATE VS. CARTER AND WINTERS-STATE VS. WILTON BAUGHN-STATE VS. MRS. FRANK MCDOWELL-STATE VS. THOMAS RAMSEY-STATE VS. FRED KUHN.

By Judge Rufus M. Emery. THE BAR.

"Here is to bride and mother-in-law, Here is to groom and father-in-law, Here is to friends and friends-in-law. May none of them need an attorney-at-law." -Toast to legal fraternity

The legal profession is now and always has been the foremost of all the professions, in practical and political life. While the necessity for their service is to be lamented and avoided when possible, as the doctor and dentist and many others, yet in times of trouble and discord. civil - and criminal, the lawyer is the first sought and his counsel and advice most strictly followed, on account of the importance of the service and the confidence of his client in his knowledge, integrity and ability to pro- tect them in their rights under the law. From this profession there have risen to distinction, more eminent and prominent statesmen and leaders of men, than from all the other professions and avocations of life com- bined, notwithstanding they number a very small per cent. of the aggre- gate population. Many lawyers of strong, vigorous intellects and natur- al tact and ability have won laurels and met with considerable success at the bar, without having the advantage of a moderate common school edu- cation, yet they are the exception to the rule and it has always been deemed essential and it is now a requirement, that before they will be re-

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ceived as students in the law universities, they must have a liberal educa- tion in the arts and sciences as a foundation upon which to build a correct knowledge and proper understanding of the many intricate and import- ant principles of the law and apply them in a practical way to the affairs of men, so that they will be enabled to advise and so represent their cli- ents' interest, as to secure to them their rights of persons and property under the law. The relation of attorney and client is one of the strictest trust and confidence and while the pessimistic and frivolous are wont to regard lightly these close relations and question the honest and faithful service of attorneys, in the interests of their clients and consider the same as purely selfish and class them as "tricksters," yet the occasions are very rare, when the attorney does not act in the utmost good faith, toward his client and put forth every honorable means to advance his in- terests at a great personal sacrifice and labor. My observation at the bar generally is that they allow their zeal for their clients to lead them to extreme methods which subject them to just criticism.

An attorney-at-law is an officer of the court, acting under his oath of office. He is expected to present his client's case in its most favorable light both as to the law and the evidence, that the court-judge and jury -may be fully informed and render a fair and impartial decision accord- ing to the law and the evidence. That the litigants may have equal and exact protection under the law ; that false evidence may be exposed, er- roneous ideas of the law may be eliminated and all feelings of passion, prejudice and favoritism may be laid aside, in the decision of the case. With the zealous attorney on guard as to his client's interests, the court carefully expounding the law applicable to the case and the jury, select- ed from the common people to weigh the evidence, from a common sense hasis, the false testimony of the witnesses is usually detected, technicali- ties are ignored and a righteous and just verdict or decision is usually ob- tained. There is no profession more satisfactory to the individual prac- titioner than the legal profession. He comes equipped with a liberal edu- cation, giving him a broad and comprehensive view of life and the rela- tion of things. He is especially versed in the best known and approved principles of government and the rights of persons and property and all the rules and methods of securing and preserving them in all their simpli- city and purity. He has the confidence and esteem of his clients and there comes to him in the practice of his profession, an intimate know- ledge of his fellow beings, their joys, sorrows, disappointments and tri- umphs, thenr passions and prejudices, weaknesses and despair ; all that is good and all that is evil in the human heart and mind is laid before him through his privileged and sacred relations and with all these opportuni- ties, he may form a correct knowledge and philosophy of life that is in- deed a satisfaction and enables him to be a great help to his fellows. Be- low is a list of the resident attorneys of the county who have practiced in the district court in the order that their names first appear on the court records : Samuel Lappin, Thos. S. Wright, Haven Star, J. E. Hock-

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er, J. P. Taylor, J. E. Taylor, William Histed, Wm. F. Wells, Charles Kroff, Abijah Wells, E. M. Sappenfield, R. D. Markham, G. W. Collins, Joseph Sharp, Simon Conwell, W. W. Sargent, C. W. Edgar, C. I. Sco- field, W. D. B. Motter, Levi Dinkelfield, George Gowdy, J. E. Purnell, M. P. M. Cassity, R. C. Bassett, A. M. Flint, S. W. Brooks, Elwin Camp- field, Don J. Perry, A. C. Cook, T. J. Hayes, R. M. Emery, C. E. Hendry, W. D. Kistler, C. C. K. Scoville, J. F. Curren, A. L. Coleman, O. H. Stillson, G. W. Clawson, Joshua Mitchell, George Puhl, J. A. McCall, J. F. Thompson, R. T. Thompson, Frank E. Smith, J. T. Campbell, H. G. Stewart, G. W. Wren, Chas. H. Herold, J. W. Cunnick, Howard Thomp- son, A. J. Felt, E. G. Wilson, P. L. Burlingame, E. L. Miller, Frank Wells, Jas. L. Breeding, Geo. W. Hook, J. E. Stillwell, N. S. Smith, S. K. Woodworth, Charles H. Stewart, F. A. Meckel, R. T. Ludlow, A. A. Brooks, Wm. H. Thompson, Nathan Jones, J. G. Schofield, Ira K. Wells, Moulton DeForest, Wm. M. Taylor, John Stowell, W. W. Simon, F. W. Jacobs, W. R. Jacobs, H. R. Fulton, O. H. Mack, M. L. McIntire, W. T. Behne, W. H. Cook, Frank L. Geary, S. P. Nold, R. M. Emery Jr., H. M. Baldwin, Edgar W. Campbell, and Chas. F. Schrempp.

Of the above list of resident attorneys many have reached distinc- tion ; Samuel Lappin was State treasurer ; Abijah Wells was judge of the Appellate Court of Kansas; R. C. Bassett, J. F. Thompson, R. M. Em- ery and F. A. Meckel have each been district judge of the State; Byron Sherry was judge of the Criminal Court of Leavenworth; Wm. H. Thompson is the present United States Senator from Kansas; A. J. Felt was Lieutenant Governor of Kansas and quite a number have been Pro- bate judges and members of the State senate and house of representa- tives. Nemaha has always had a strong, capable bar, fully equipped to defend their clients' interests against all foreign attorneys from where- ever they came. They have not only been capable and energetic, but from the first organization of the State until the present moment there is no record that any one of them has ever betrayed a client, or been guilty of any serious professional misconduct. Many very prominent at- torneys of the State have practiced at the bar of this county and been prominent in State and National affairs : F. P. Baker, when a young man was the first prosecuting attorney of this district, and was afterward editor and proprietor of the Topeka "Commonwealth," now the "Daily Capital." Albert H. Horton and David Martin, both of Atchison, were chief justices of the Supreme Court of the State. W. W. Guthrie, of Atch- ison, was the first attorney general of Kansas. John J. Ingalls was many terms a United States Senator from Kansas, president pro tem. of the United States Senate and an orator and statesman of national reputa- tion. C. G. Foster was for years United States district judge of Kansas ; George W. Glick was governor of this commonwealth; Lucien Baker, of Leavenworth, was our United States senator from Kansas; George R. Peck, of Topeka, was United States district attorney for Kansas and general attorney for the Santa Fe railroad system; W. R. Smith, of At-

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History of Nemaha County, Kansas, Part 19

Author: Tennal, Ralph 1872- Publication date: 1916 Publisher: Lawrence, Kan., Standard Publishing Company Number of Pages: 964

Author: Tennal, Ralph 1872-
Publication date: 1916
Publisher: Lawrence, Kan., Standard Publishing Company
Number of Pages: 964