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GENEALOGY COLLECTION
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ALLEN COUNTY PUBLIC LIBRARY 3 1833 01053 6537
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Digitized by the Internet Archive in 2018
https://archive.org/details/benchbarofboonec00gent
NORTH TODD GENTRY
THE BENCH AND BAR OF BOONE COUNTY
ر
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THE BENCH AND BAR OF BOONE COUNTY, MISSOURI
INCLUDING THE HISTORY OF JUDGES, LAWYERS AND COURTS, AND AN ACCOUNT OF NOTED CASES, SLAVERY LITIGATION, LAWYERS IN WAR TIMES, PUBLIC ADDRESSES, POLITICAL NOTES, ETC.
ILLUSTRATED
BY NORTH TODD GENTRY OF THE COLUMBIA BAR
PUBLISHED BY THE AUTHOR COLUMBIA, MISSOURI 1916
PRESS OF E. W. STEPHENS PUBLISHING COMPANY COLUMBIA, MISSOURI
1239414
This Book in Respectfully Dedtrated to The Lawyers and County Officials of 1821 to 1847,
Whose Loue of Justice and Patriotism mas such as to inspire Dr. William Jemell, an honored rittzen of Boonr county, to write the inscription quer the front door of the old court house,
"Oh! Justice, when expelled from other habitations, make this thy dwelling plare."
L
$7.50
Barnes-
TABLE OF CONTENTS
INTRODUCTION 17
CHAPTER I-BAR ASSOCIATION
19
Officers of 1913-15 19
Former Presidents 19
Former Secretaries 19
Constitution and By-Laws .
19
CHAPTER II-BOONE COUNTY BAR 27
Roll of Attorneys
27
Other Boone County Lawyers
47
Relationships
48
CHAPTER III-LAWYERS ACTIVE AND PROMINENT 51
Lawyers in Senate and House
51
Circuit, County and Prosecuting Attorneys 53
Lawyers, Fourth of July
55
Examination for Admission
56
Lawyers' Licenses
56
Lawyers' Races
57
Lawyers as Friends of Education
58
Lawyers Favor Roads
60
Lawyers in Literary and Dramatic Societies 60
Honored After Leaving Boone County . 61
CHAPTER IV-COURTS OF BOONE COUNTY 62
Circuit Court
62
Judges of Circuit Court 62
Special Judges
62
Circuit Clerks 63
Official Stenographers 63
Judicial Circuits
64
Sturgeon Court of Common Pleas . 65
Judges 65
Special Judges 65
Clerks of Common Pleas Court
66
(7)
8
THE BENCH AND BAR OF BOONE COUNTY
County Court
66
Judges of County Court
66
County Clerks
68
Sheriffs
68
Probate Court
68
Judges of Probate Court
69
Juvenile Court
69
Justice Court
69
Justices of the Peace
71
Old Todd House
76
Court House of 1824
76
Court House of 1847
78
Court House Bell
82
Clerk's Office Buildings
83
Court House of 1909
83
CHAPTER V-THE JUDGES
86
David Todd
86
Thomas Reynolds
88
John D. Leland
89 89
Geo. H. Burckhartt
90
Jno. A. Hockaday
92
A. H. Waller .
94
N. D. Thurmond
95
David H. Harris
97
P. H. McBride
98
Philemon Bliss
98
Alexander Martin
99
Jas. D. Fox
100
Warren Woodson
101
Jas. A. Henderson .
102
Jno. Hinton
103
Lewis M. Switzler .
105
Jno. F. Murry
106
John Slack
106
M. G. Corlew
106
Wm. W. Tucker
107
James McClelland
107
James Harris .
107
Saml. N. Woods
108
Judges Solemnize Marriages
108
.
.
Wm. A. Hall
9
TABLE OF CONTENTS
CHAPTER VI-THE LAWYERS
112
Samuel Wheeler .
112
A. B. Lane
113
Two Lawyers in a Duel
113
Peyton R. Hayden .
113
Sinclair Kirtley
114
Jno. B. Gordon
115
Jas. S. Rollins
116
A. W. Turner 118
When Jeff Woods Acted Horse
119
Candidates for Supreme Judge
120
Judge Gordon's Advice
120
Jno. B. Clark
121
Wm. A. Robards
122
Wm. F. Switzler
122
Jno. F. Stone
123
Saml. A. Young
124
Odon Guitar
125
A. L. Vandiver
129
Boyle Gordon
130
Jas. R. Shields
131
A. J. Harbinson .
132
F. F. C. Triplett
133
Wellington Gordon
134
Chas. W. Gordon
135
Squire Turner
136
Jno. M. Samuel
138
Interesting Letter
139
J. DeW. Robinson .
143
Alexander F. Denny
147
J. V. C. Karnes
147
Hiram C. Pierce
149
Jno. H. Overall
149
James H. Moss
150
E. C. More
151
CHAPTER VII-THE LAWYERS-CONTINUED
153
Wm. H. Kennon
153
Andrew J. Herndon
154
Eli Penter
154
Shannon C. Douglass . 155
Irvin Gordon .
156
10
THE BENCH AND BAR OF BOONE COUNTY
Thomas B. Gentry .
156
Wm. L. Berkheimer
157
James Cooney 158
Attorneys Received No Fee
158
Carey H. Gordon
159
Geo. S. Grover
160
Wm. J. Babb
161
Caught a Lawyer
161
C. B. Sebastian
161
Sam C. Major
163
M. M. Jesse
164
Wirt J. Warren
165
I. W. Boulware
165
Joe H. Cupp
166
Henry B. Babb
167
H. S. Booth
168
Ev. M. Bass
169 170
Wm. H. Truitt, Jr.
171
J. L. Stephens
172
N. T. Gentry .
173
Webster Gordon
176
Thos. S. Carter
.
177
E. W. Hinton
179
A. W. Turner, Jr. .
. 180
Yasakuni Nakajima
181
Wm. P. Coleman
181
Jas. C. Gillespy
181
O. H. Avery
182
Jerry H. Murry ·
183
Geo. P. B. Jackson
184
Wm. R. Gentry
185
Geo. H. Barnett
185
Harvey D. Murry
186
L. T. Searcy .
187
Frank G. Harris
187
M. R. Conley
189
Jas. W. Schwabe .
189
David A. Ball
190
James E. Boggs .
190
Chas. J. Walker
191
W. H. Rothwell
192
Arthur Bruton
193
W. Archie Bedford
11
TABLE OF CONTENTS
E. C. Anderson
194
J. P. McBaine 195
Don C. Carter
195
Boyle G. Clark
196
H. A. Collier
197
T. T. Simmons
198
Ralph T. Finley
198
Russell E. Holloway . 199
Wm. H. Sapp 199
200
Geo. S. Starrett
200
Thomas A. Street
201
Lee Walker
201
Herley S. Daily .
201 202
D. W. B. Kurtz, Jr.
202
Lakenan M. Price . 203
203
Anonymous 203
CHAPTER VIII-NOTED CASES 205
First Case Appealed
205
Sending Challenging Letter 205
Office for Circuit Clerk .
206
The Mormon Cases 207
University Subscription Case . 210
Another University Subscription Case
210
The Poison Case
210
Col. Schwabe in Court
211
He Was Not Guilty 212
The Goose Case . 213
Lightning Rod Case
215
The Watermelon Case
215
Poetry Cleared Him
216
Hamp Harney's Pulpit Chairs
217
Patent Churn Cases
222
The Hound Dog Case .
223
Columbia's Cases
223
Saloon Cases
227
Liquor Law Cases. 228
McCarty vs. Boone County.
229
Dinwiddie and Rollins
N. B. Hays
Honored Politically
12
THE BENCH AND BAR OF BOONE COUNTY
CHAPTER IX-NOTED CASES-CONTINUED 231
State vs. Maxey .
231
State vs. Hinkson
231
Mill Dam Cases .
232
The Boat Case
232
State vs. Casey and Stone
233
State vs. McClintock
233
Road Overseers Cases
234
Toll Cases
234
Railroad and Turnpike Bonds
235
Rocky Fork and Perche Bond Cases
235
They Could Run
236
The Sharp Case
237
One Physician Kills Another
237 238
State vs. Shroyer
238
The Bible Case
239
The Hultz Cases
240 241
County Judges Cases .
241
Niedermeyer vs. University
242 242
Was He Insane
243
Hancock vs. Blackwell
243
The Spectacle Case
243
John Carlisle Will Case .
244
The Dancing Case
244
Columbia vs. Bright
244
State vs. Butler
245
State vs. Quinn
246
Cook vs. Pulitzer Publishing Co.
246
Vantine vs. Butler
246
Garey vs. Jackson
247
State vs. White
248
Student Cases
248
University Condemnation Cases
249
Stealing by Proxy
250
Public Service Commission Cases .
250
Railroad Rate Case . .
250
State vs. McDearmon
Babb vs. University
Goshen Church Case
.
13
TABLE OF CONTENTS
CHAPTER X-SLAVERY LITIGATION 252
Suits By, For and Over Negroes 252
Slave Habeas Corpus Case 252
It Started With a Dog Fight
252
The Master Was Responsible
253
Master Criminally Responsible .
254
The Whipping Post 254
Other Cases of Corporal Punishment
255
Mortgaged Negro
256
Other Slave Cases
257
Killing of Slave
257
Sabbath Breaking
257
He Wanted to Be Free
257
His Witness Could Not Testify 258
Dealing With Slaves 258
259
Slaves Caused Will Contest
259
Decoying Slave
259
License of Free Negro
260
Selling Liquor to Slaves
260
Inciting Slave to Leave State
260
Replevin and Larceny Cases
260
Was It a Sale 261
Breach of Guaranty 261
Partition of Slaves 261
White Man Whipped 262
Slave Had a Gun 262
262
Apprenticeship
262
CHAPTER XI-DURING WAR TIMES 264
Black Hawk Indian War
264
Seminole Indian War 264
Mexican War
264
Kansas War
264
Civil War 264
Lawyers in War 264
Boone County War Meetings 265
Lawyers Take Oath
265
Justices Ousted from Office
265
Trial of Bill Anderson's Man 266
Judge Carried Pistols
266
Slaves Murder Master
Former Slave Bought Husband
14
THE BENCH AND BAR OF BOONE COUNTY
Sword Presented to Guitar 266
Flag Presented to Ninth Cavalry 266
Pistols Presented to Douglass 267
Lawyers at Fourth of July Meeting 267
Lawyers Petition for Relief 267
Spanish-American War 267
Guardian for Soldier 267
Capt. Gillespy's Company
268
The Stamp Tax 268
CHAPTER XII-ADDRESSES 269
Judge Switzler on Imprisonment for Debt
269
Mr. Sebastian on Courthouse Before the War 270
Mr. Gentry on Guitar and Gordon
274
Mr. Harris on Judge Hockaday 277
Col. Turner on Judge Persinger 277
Mr. Stephens on Judge Todd 281
Judge Philips on Old Boone County Bar
283
LIST OF ILLUSTRATIONS
FACING PAGE
EMMETT C. ANDERSON
247
HENRY B. BABB
229
JERRY G. BABB.
241
WM. J. BABB.
225
Ev. M. BASS.
237
PHILEMON BLISS
117
JAMES E. BOGGS
231
HENRY S. BOOTH.
199
ARTHUR BRUTON .
183 -
GEO. H. BURCKHARTT.
53
THOMAS S. CARTER
167
BOYLE G. CLARK
203
H. A. COLLIER.
171
M. R. CONLEY
219
COURT HOUSE OF 1847
45
COURT HOUSE OF 1909
69
Jos. H. CUPP. .
237
HERLEY S. DAILY.
187
EMANUEL V. DAVIS
151
W. M. DINWIDDIE ..
199
SHANNON C. DOUGLASS.
213
RALPH T. FINLEY. 273
WALTER W. GARTH.
97
N. T. GENTRY . .
1
THOS. B. GENTRY
171
WM. R. GENTRY .
215
JAS. C. GILLESPY
167
BOYLE GORDON
165
CAREY H. GORDON
221
JAS. M. GORDON
141
WELLINGTON GORDON
181
ODON GUITAR.
157
GUITAR BUILDING
151
WM. A. HALL.
49
A. J. HARBISON.
177
DAVID H. HARRIS
77
FRANK G. HARRIS
251
JAMES HARRIS.
281
JAS. A. HENDERSON
93
EDWARD W. HINTON
253
JOHN HINTON.
97
JNO. A. HOCKADAY.
61
SINCLAIR KIRTLEY .
129
D. W. B. KURTZ, JR
279
GARDINER LATHROP 193
37
ALEXANDER MARTIN
125
THOMAS MILLER
149
(15)
JNO. D. LELAND ..
16 THE BENCH AND BAR OF BOONE COUNTY
FACING PAGE
E. C. MORE.
197
JAS. H. Moss.
177
HARVEY D. MURRY
171
JERRY H. MURRY
271
JNO. F. MURRY
101
J. P. McBAINE.
257
PRIESTLY H. MCBRIDE.
109
F. W. NIEDERMEYER.
151
OLD COLUMNS.
187
OLD TODD HOUSE.
29
JNO. H. OVERALL.
205
ELI PENTER 209
ALEXANDER PERSINGER.
241
JNO. F. PHILIPS
113
H. C. PIERCE.
189
LAKENAN M. PRICE
199
THOMAS REYNOLDS
33
J. DEW. ROBINSON
173
CURTIS B. ROLLINS, JR.
183
JAS. S. ROLLINS. 145
261
W. H. ROTHWELL.
235
FRANCIS T. RUSSELL
177
WM. H. SAPP.
167
JAS. W. SCHWABE 241
167
C. B. SEBASTIAN .
237
HENRY G. SEBASTIAN
183
T. T. SIMMONS.
237
JOHN SLACK.
85
GEO. S. STARRETT
269
JAS. L. STEPHENS.
171
SUGAR TREE IN SMITHTON.
21
LEWIS M. SWITZLER.
97
WM. F. SWITZLER.
155
N. D. THURMOND.
199
DAVID TODD
17
ROBERT B. TODD
149
ROBERT L. TODD 149
F. F. C. TRIPLETT . 177
WM. H. TRUITT, JR. 245
ARCHIBALD W. TURNER 133
161
CHAS. J. WALKER
259
LEE WALKER.
275
ALEX. H. WALLER
65
EDWIN M. WATSON
183
LAZARUS WILCOX.
97
WARREN WOODSON
81
SAMUEL A. YOUNG 149
JAS. S. ROLLINS, JR
L. T. SEARCY
SQUIRE TURNER.
JUDGE DAVID TODD
INTRODUCTION
T HE purpose of this book has been to collect and preserve the history of the judges and lawyers of Boone county, both those of today and those who have finished their work. It has been difficult to obtain much information of some of the early lawyers, especially Messrs. Wheeler and Lane, who lived in Smithton, although deed records, will records, court records and early newspapers have been carefully searched. It is a matter of regret that such a book as this was not written by some one better qualified, and at a time when more information could be obtained. But if it contains a few words of praise justly due those who laid the foundations of such a noble profession in this county, and if some of the valuable history of that profession can be pre- served, it is believed that this book will fill a useful place.
The author is indebted to Hon. E. W. Stephens for the articles about Judge David Todd, Col. E. C. More and Col. Jas. H. Moss; and indebted to Judge Jno. F. Philips, Judge Lewis M. Switzler, Senator Frank G. Harris and Mr. C. B. Sebastian for the copies of the addresses delivered by them, appear- ing herein. And thanks must also be extended to Jas. E. Boggs and R. S. Pollard for many courtesies extended in the circuit clerk's office; to John L. Henry and C. W. Davis for similar courtesies in the county clerk's office; and to Judge Jno. F. Murry for the use of the probate records.
An effort was made to secure pictures of all of Boone's early lawyers, especially Hon. Jno. B. Gordon, Attorney General Wm. A. Robards, and others, but relatives of those men have no pictures of them, and it is believed that none are in existence. But it is fortunate that we have pictures of David Todd, the first circuit judge, Lazarus Wilcox, the first county judge, Warren Woodson, the first probate judge, and John Slack, the first justice of the peace.
While mention is here made of the many public positions held by the lawyers and judges of this county, mention should also be made of the work done by them outside of official positions, as counselors, many times without fee or reward, as friends of the court, and as patriotic and public spirited citizens of our county and our commonwealth. Many Boone county lawyers have been active in churches, lodges and schools, and in numerous organiza- tions of a military and civic nature; and some of them have become men of state and national reputation.
In the history of Boone county, in the history of the various municipal- ities and municipal townships of the county, and especially in the history of our business and philanthropic organizations and in our county's progressive enterprises, the bench and bar have been prominent, and judges and lawyers have done their whole duty. N. T. G.
2
(17)
THE BENCH AND BAR OF BOONE COUNTY
CHAPTER I
BAR ASSOCIATION
OFFICERS OF 1913-1915
President, N. T. GENTRY
Vice President, CHAS J. WALKER
Secretary, L. T. SEARCY Treasurer, HARVEY D. MURRY
FORMER PRESIDENTS
1860-1878, ODON GUITAR 1878-1908, WELLINGTON GORDON 1908-1913, LEWIS M. SWITZLER
FORMER SECRETARIES
CURTIS FIELD, JR. LEWIS M. SWITZLER
C. B. SEBASTIAN
J. H. MURRY
JAS. E. BOGGS H. A. COLLIER
CONSTITUTION AND BY-LAWS
On May 9, 1913, Messrs. Lee Walker, M. R. Conley, Boyle G. Clark and H. D. Murry, committee, reported to the Boone County Bar Association the following Constitution and By-laws, which were unanimously adopted.
(19)
20
THE BENCH AND BAR OF BOONE COUNTY
CONSTITUTION
ARTICLE I-NAME
Section 1. This association shall be called "The Boone County Bar Association."
ARTICLE II-OBJECT
Section 1. This association is established to promote and main- tain the honor and dignity of the profession of the law, to cultivate mutual confidence and social intercourse among its members, and for the promotion of legal science and the administration of justice.
ARTICLE III-MEMBERSHIP
Section 1. Any member of the profession in good standing, residing or practicing in Boone county may become a member by a vote of the association on the recommendation in writing of two members of the association in good standing. Any member of the profession, not residing in, but practicing in Boone county, may in like manner become a member of this association, having the privi- leges of the same except the right of voting.
ARTICLE IV-OFFICERS AND COMMITTEES
Section 1. The officers and committees of this association shall consist of a president, a vice president, a secretary, a treasurer, and a grievance committee, consisting of three members; which said of- ficers and grievance committee shall constitute a general executive committee which shall manage all the affairs of the association subject to the constitution and by-laws and shall hold their offices until their successors are duly elected.
ARTICLE V-MEETINGS
Section 1. An annual meeting, for the election of officers and such other business as may be deemed proper, shall be held on the third Monday in December of each and every year of which due notice shall be given by the president and secretary.
Section 2. A meeting of the association shall be held during each regular term of the circuit court at such time and place as may be designated by the president or the executive committee which shall be called a "term meeting".
SUGAR TREE IN SMITHTON
21
BAR ASSOCIATION
Section 3. Special meetings may be called by the president or executive committee at any time, and also upon the written request of five members of the association, at which no business shall be transacted except such as shall be designated in the call. Seven mem- bers of the association shall constitute a quorum at any meeting.
Section 4. The officers elected as above provided shall assume their duties immediately after their election, and if for any reason officers are not elected at the time for holding the regular annual election, an election of officers shall be held at the first regular "term meeting" thereafter and the officers so elected shall immediately as- sume the duties of their office.
ARTICLE VI-ANNUAL DUES
Section 1. Each member of the association residing in Boone county shall pay two dollars annually in advance on or before the second Monday of December of each and every year and no member of the association delinquent in the payment of his dues shall be entitled to vote.
ARTICLE VII-SUSPENSIONS
Section 1. Any member of the association may be suspended or expelled for misconduct in his relation to this association or in his profession on conviction in such manner as may be prescribed. by the by-laws.
ARTICLE VIII-ELECTIONS AND TERMS
Section 1. All elections to membership or office shall be by ballot and all officers and committees shall be elected at the annual meeting held for that purpose on the third Monday in December, and shall hold office until their successors are duly elected. Any vacancy in office may be filled by the executive committee until the regular annual election or until the next term meeting at which said office may be filled by election.
ARTICLE IX-FORFEITURE OF MEMBERSHIP
Section 1. Any member of the association residing in Boone county who shall fail or neglect to pay his annual dues for a period of six months after they become due shall forfeit his membership in the association and the secretary upon receipt of notice of such
22
THE BENCH AND BAR OF BOONE COUNTY
delinquency shall strike his name from the rolls, provided that such member shall be reinstated upon the payment of his dues at any time within six months thereafter, nor shall any delinquent member be entitled to vote at any election.
BY-LAWS
I.
PRESIDENT AND VICE PRESIDENT
The president, and in his absence the vice president, shall preside at all meetings of the association.
II. SECRETARY
The secretary shall keep a record of the proceedings of all meet- ings and of all other matters of which a record shall be deemed ad- visable by the association, and shall conduct all correspondence of the association with the concurrence of the president. He shall notify the officers and members of their election and keep a roll of the mem- bers and shall issue notices of all meetings.
III. TREASURER
The treasurer shall collect and disburse all the funds of the asso- ciation and render an account annually or oftener if required. He shall keep regular accounts which shall be at all times open to the inspection of any member of the executive committee. His accounts shall be audited by the executive committee.
IV. EXECUTIVE COMMITTEE
The executive committee shall meet at least once a month, except in July, August and September. It shall have power to make such regulations, not inconsistent with the constitution and by-laws. as shall be necessary for the protection of the association, and for the preserva- tion of good order in the conduct of the affairs of said association. It shall keep a record of its proceedings, which shall be read at the ensuing meeting of the association, and it shall be the duty of said committee to present business for the action of the association. It shall have no power to make the association liable for any debts for more than one-half of the amount in the treasurer's hands in cash, and not subject to prior liabilities.
23
BAR ASSOCIATION
V. ORDER OF BUSINESS
At each annual, term, adjourned or called meeting of the asso- ciation, the order of business shall be as follows :
1. Reading of minutes of preceding meeting.
2. Report of executive committee.
3. Report of treasurer.
4. Elections, if any.
5. Report of standing committees.
6. Report of special committees.
7. Miscellaneous business.
This order of business may be changed by vote of a majority of the members present.
The parliamentary rules established by the last House of Rep- resentatives of the General Assembly of Missouri, except as otherwise provided, shall govern all meetings of the association.
VI. REQUIREMENTS OF CANDIDATES ELECT
If any person elected does not, within one month after notice of his election, signify his acceptance by signing the constitution and by-laws, he shall be deemed to have declined to become a member.
VII. COMMITTEE ON GRIEVANCES
Whenever any complaint shall be preferred against a member of the association, for misconduct in his relation to this association or in his profession, the member or members preferring such com- plaint shall present it to the committee on grievances, in writing, and subscribed by him or them, plainly stating the matter complained of, with particulars of time, place and circumstances.
The committee shall thereupon examine the complaint, and if it is of the opinion that the matters therein alleged are of sufficient im- portance, shall cause a copy of the complaint, together with a notice of not less than five days, of the time and place when the committee will meet for the consideration thereof, to be served on the member complained of, either personally or by leaving the same at his place of business during office hours, properly addressed to him. If, after hearing his explanation, the committee shall deem it proper that there should be a trial of the charge, it shall cause a similar notice of five days of the time and place of trial to be served on the party com- plained of. At any time and place appointed, or at such other time as may be granted by the committee, the member complained of shall
24
THE BENCH AND BAR OF BOONE COUNTY
file a written answer or defense; or should he fail to do so, the com- mittee may proceed thereupon to the consideration of the complaint.
The committee shall thereupon and at such other times and place as it may adjourn to, proceed to try the said complaint, and shall de- termine all questions of evidence.
The complainant and the member complained of shall each be allowed to appear personally and by counsel, who must be members of the association. The witnesses shall vouch for the truth of their statements on their word of honor. The committee shall have power to summon witnesses, and, if members of the association, a neglect or refusal to appear may be reported to the association, and treated as misconduct.
The committee, of whom at least two must be present at the trial, except that a less number may adjourn from time to time, shall hear and decide the allegations and proofs thus submitted to it, and if it finds the complaint, or any part of it, to be true, it shall so report to the association with its recommendation as to the action to be taken thereon.
The decision of the committee shall be served on the member complained of, and if the decision be that the complaint, or any part thereof is true, and in that case only, the committee shall also serve a copy of the complaint, answer and decision on the president of the association, and if requested by either member or members complain- ing, or the member complained of, shall annex thereto a copy of the evidence taken, which said documents shall be regarded as a report of the committee of the association.
The president shall thereupon call a special meeting of the as- sociation, on a notice of not less than ten days, for the consideration of the report, specifying in the call the object thereof; and of which special meeting the member complained of shall have due notice.
The association shall thereupon proceed to take such action on said report as they may see fit, provided only that no member shall be expelled unless by the vote of two-thirds of the members present and voting.
Whenever a trial shall be determined on, the member complained of may object peremptorily to any one or more of the committee, not exceeding two; and the places of those objected to shall be sup- plied from the members of the association by the remaining members of the committee for the purposes of the trial.
Whenever specific charges of fraud, or gross unprofessional conduct, shall be made in writing to the association against a mem- ber of the bar not a member of the association, or against a person
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pretending to be an attorney, or counsellor-at-law, practicing in Boone county, said charges shall be investigated by the committee on griev- ances ; and if, in any such case, said committee shall report in writing to the executive committee that, in its opinion, the case is such as requires further investigation or prosecution in the courts, the execu- tive committee may appoint one or more members of the association to act as prosecutor, whose duty it shall be to conduct the further investigation or the prosecution of such offender, under the instructions and control of the committee on grievances.
Whenever any complaint shall be made in writing to the association concerning any other grievances touching the administration of justice, the committee on grievances shall make such preliminary investigation into the same as it may deem necessary in order to determine whether it is expedient that any further action shall be taken thereon. Should such further action be, in its opinion, expedient, the committee shall report in writing to the executive committee that, in its opinion, the charge or charges are of such a character as require further investi- gation. Thereupon the executive committee may direct such further investigation by the committee on grievances, or other wise, as it may deem most suitable to the case. Upon the termination of such investigation, a report thereon shall be made to the executive commit- tee, and if the said committee shall find the complaint or any material part of it to be of such a nature as to require action by the association. it shall so report to the association with its recommendations as to the action to be taken thereon, and it may also report the evidence taken or any part thereof.
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