History of Andrew and De Kalb counties, Missouri : from earliest time to the present; together with sundry personal, business and professional sketches and family records. besides a condensed history of the state of Missouri, etc, Part 28

Author:
Publication date: 1888
Publisher: St. Louis : Goodspeed Pub. Co.
Number of Pages: 810


USA > Missouri > DeKalb County > History of Andrew and De Kalb counties, Missouri : from earliest time to the present; together with sundry personal, business and professional sketches and family records. besides a condensed history of the state of Missouri, etc > Part 28
USA > Missouri > Andrew County > History of Andrew and De Kalb counties, Missouri : from earliest time to the present; together with sundry personal, business and professional sketches and family records. besides a condensed history of the state of Missouri, etc > Part 28


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Prince L. Hudgens, a native of Kentucky, came to Andrew County among the first settlers, and took a prominent part in the growth and development of the country. He early fitted himself for the legal profession, and was admitted to the bar of Andrew County at the June term, 1841. Mr. Hudgens had a comprehensive mind, and possessed excellent judgment. Possessed of exception- ally fine abilities as a public speaker, his clear voice, distinct


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articulation, well chosen language and earnest sincerity, rendered him a popular and successful advocate. He was for many years an able minister of the Christian Church, and as such did as much as, if not more than, any other man toward founding local con- gregations in Andrew and surrounding counties. He died at his home in the city of Savannah a few years ago.


James B. Gardenhire, a name familiar throughout the entire State of Missouri, was one of the prominent lawyers of the Platte Purchase during the early days of its history. He was a native of Tennessee, but early immigrated to Missouri, and located at the town of Sparta. He subsequently moved to St. Joseph, where his fine abilities soon won for him a conspicuous place among the successful lawyers of Northwest Missouri. The following brief sketch of Mr. Gardenhire is from the pen of a gentleman who knew him long and well. "He was very modest, seemed to lack confidence, and was of a sensitive nature. He impressed one as having acquired a rather superficial knowledge of the law, but had energy and industry which soon enabled him to overcome those deficiencies of his early education. He used good English, pure English, and seemed to have the ordinary literary acquire- ments of young men of his age. He was graceful in manner and deportment. He soon became a good lawyer, and was really an orator, although he occasionally failed to come up to what his friends expected; very effective in law arguments before courts and as an advocate very effective before juries. He had consider- able taste for politics, and once represented Buchanan County in the Legislature, and was once a candidate for Congress. During his candidacy for Congress I heard him make two speeches, re- markable for their brilliancy, and in one of these he drew a parallel between Marshall Ney and Col. Benton. It was so thrillingly eloquent and pathetic that old men sobbed aloud." He was admitted to the bar of Andrew County in 1841, and practiced here continuously for a number of years thereafter. He became attorney-general of Missouri in 1856, and in the presidential election of 1860 was an elector on the Republican ticket. He died at the head of some bureau in Washington dur- ing Mr. Lincoln's administration.


John Wilson, of Platte County, was for a number of years a.


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leading practitioner at the Andrew County bar. During the period of his practice, which took a very wide range, he was ranked among the thorough and logical lawyers of Northern Mis- souri, and stood second to none on the Twelfth Judicial Circuit. He represented his county in the Legislature, and died several years ago in Platte City.


Booth Atherton was one of the early resident attorneys of Savannah, locating here in the practice of his profession when the city was but a mere western village. He was a man of fine natural abilities, excelled as an advocate, but never earned the reputation of being a close student. He enjoyed a fairly lucra- tive practice for several years, and is remembered as one of the tonguey lawyers of the early days of the county.


Prominent among the early lawyers of the Twelfth Judicial Circuit was Hon. C. F. Halley, afterward United States judge of Colorado Territory. He was a shrewd practitioner, an able politician, but not a profound lawyer, although he succeeded in acquiring quite a lucrative business during the period of his prac- tice in Andrew County.


Williard P. Hall, one of the leading lawyers of Northwest Missouri, and a man of State reputation, was for a number of years a practitioner in the courts of Andrew County. He was born in Virginia, educated partly in Baltimore, and graduated at Yale College. Shortly after completing his literary education he moved with his father to Missouri, and began the study of law with his brother, Judge William Hall. He was very industrious and energetic, and soon became one of the most eminent lawyers in that section of the State where he began the practice. "System, order and logical arrangement were natural with him. He was early elected prosecuting attorney, and proved himself a very efficient officer. He prevented grand juries from prosecuting any- thing that could not be sustained, and prosecuted with great energy those he believed to be guilty." As a criminal lawyer he had few if any superiors, and as an advocate was clear, bright, logical, concise, and, when the occasion demanded, eloquent. In 1844 he was selected by the State Democratic Convention as one of the electors, and during the canvass gained a very high rank as a public speaker, and well-informed politician. He was elected 8A


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a representative to Congress in 1846, in which capacity he served until 1853, having been elected three times. "He made a very industrious, efficient and popular representative of his district, and at the end of his third term declined to become a candidate for re-election." In 1861 he was elected to the State convention, called by an act of the General Assembly for the purpose of ascertaining the position the State should take in reference to the secession of the cotton States, and on the formation of the provisional Government, was chosen lieu- tenant-governor. On the death of Gov. Hamilton R. Gamble, Mr. Hall succeeded to that office, the duties of which he dis- charged during the exciting times of the war, his administration having been highly satisfactory to all conservative men. At the expiration of his official term he retired to St. Joseph, which city was his home until his death, a couple of years ago.


A. W. Doniphan, a prominent attorney of Clay County, was one of the successful lawyers at the Andrew bar for a number of years, during which he gained a reputation as a criminal lawyer second to but few in Northern Missouri. He was studious, care- ful and judicious in the preparation of his legal papers, thorough in their presentation to court, and frequently secured verdicts at the hands of a jury by skillful and elaborate arguments presented with great force. Mr. Doniphan led an expedition to Mexico during the war between the United States and that country, and soon rose from colonel to brigadier-general. He died at his home, in Ray County, in August, 1887.


R. M. Stewart, of St. Joseph, early became a conspicuous lawyer in this circuit, and for some time was connected with the land office at Savannah. His practice embraced, not only the local, but the supreme and United States, courts, in all of which he achieved marked success. He was early chosen to represent this senatorial district in the State Legislature, and shortly after the war was elected governor of the State of Mis- souri. He can with propriety be classed among Missouri's brilliant politicians, and to him more than to any other man is the city of St. Joseph indebted for its present efficient system of railroads.


Conspicuous among the many eminent legal men of North-


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west Missouri was Hon. Henry M. Vories, for many years & successful practitioner in this circuit. Mr. Vories was a native of Kentucky, but early immigrated to Indiana, where for some years he led a varied life, engaged principally in farming, merchandising and trading. Becoming tired of these employ- ments he began the study of law with Oliver Smith, of Indiana, and began the practice in a circuit abounding in good lawyers. He soon became conversant with the intricacies of the pro- fession, and a thorough master of the science of pleading under the old Chitty practice. In 1843 he immigrated to Missouri, and began the practice at the town of Sparta, where his abilities soon won for him an extensive and lucrative business. In 1846 he moved to St. Joseph, from which time until about 1855 he practiced in the courts of this district. After a most successful practice for some years he was elected a judge of the supreme court of the State, which office he held until a short time before his death. Judge Vories was essentially & lawyer, and as such was the peer of any attorney in the State. From the beginning of his professional life he exhibited a high order of talent, especially in that he aimed to acquire a critical knowledge of the law, coupled with the ability to present and successfully maintain the soundness of his opinions.


James Craig was admitted to practice at the Andrew County bar a number of years ago, and early became one of the leading lawyers of the circuit. He was at one time circuit attorney, and subsequently represented this district in the Congress of the United States. Professionally and politically he is a very popular man, and as president of the Hannibal & St. Joseph Railroad became prominently identified with the business interests of the State.


B. F. Loan, of Buchanan County, deserves mention as one of the successful attorneys of this circuit, in which he commanded an extensive and lucrative practice for a number of years. He ranked high professionally, and acquired an honorable reputation, politically, having been twice elected to the Congress of the United States.


Bela M. Hughes practiced for some time in the courts of Andrew County, and had the reputation of being a good lawyer.


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He was a resident of Platte County, which he early represented in the Legislature. At this time he is a resident of Denver Colo., where his abilities have won for him the reputation of a successful lawyer and politician.


J. M. Bassett, of Buchanan County, practiced in the courts of this county for some years, and at one time held the office of prosecuting attorney. His legal abilities were above the average, and he earned the reputation of a safe and honorable counselor.


Jefferson Chandler, prosecuting attorney of this circuit, in an early day was one of the prominent members of the Andrew Coun- ty bar, and for many years sustained the reputation of being one of the ablest and most learned counselors in the northern part of the State. He subsequently located in St. Louis, and shortly af- ter the close of the war went to Washington City, where his dis- tinguished talents soon won for him a conspicuous place among the leading lawyers of the United States. He still practices his profession in Washington, and, as a jurist, takes front rank among the eminent legal minds of that city.


Mordecai Oliver was one of the early successful attorneys of this circuit, and is remembered in Savannah as a man of fine natural abilities, but not a very profound lawyer. His chief strength lay in his power as an advocate, few of the attorneys in this part of the State being more gifted in the art of popular oratory. He occupied several positions of trust, having been Secretary of State during the war, and subsequently served as a member of the National House of Representatives. He is at this time a resident of Springfield.


A. J. Harland, of Andrew County, was considered a good lawyer, and excelled in the art of public speaking, in which lay his success before a jury. He represented the county several times in the Legislature, and is now a resident of the State of Kansas.


Among the early popular lawyers, Lawrence Archer, now of California, is deserving of appropriate mention. He was at that time a resident of St. Joseph, but practiced extensively through- out this circuit and among the Northern Missouri counties. He served as circuit attorney for some time, and is remembered as a very powerful and eloquent speaker and successful practitioner.


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Allen A. Vories, of St. Joseph, practiced from time to time in the courts of Andrew County and throughout the circuit. He is well versed in the principles of the law; is a fine reasoner and safe counselor.


Additional to the foregoing list the following attorneys prac- ticed their profession from time to time in the courts of Andrew County: Frederick Greenough, James S. Thomas, Benjamin Hays, William A. Owsley, Samuel R. Campbell, E. P. West, Lansford W. Hastings, John M. Young, Benjamin Stiles, L. M. Hastings, M. R. Singleton, C. C. Ellis, James Craig, James M. Davis, P. B. Locke, T. Ward, J. C. Higgins, Cyrus Herren and others.


Hon. David R. Atchison, first judge of the Twelfth Judicial Circuit, was a native of Kentucky, born in Fayette County August 11, 1807. He was educated at Transylvania University, and, after graduating from that institution, read law with Charles Humphrey, and at the same time attended lectures at the law school of Lexington. He came to Missouri in 1830, and com- menced the practice of his profession at Liberty, Clay County. He was a bachelor-a man of convivial habits, and soon became popular with the early settlers of that region. In 1834 he was elected a member of the Lower House of the General Assembly, re-elected in 1838, and in 1841 was appointed judge of the Twelfth Judicial Circuit, organized that year. He discharged the duties of the judgeship until 1843, and was then appointed United States senator to fill the vacancy caused by the death of Hon. L. F. Linn. He was afterward elected for six years, and re-elected for the same time, his second term expiring March 4, 1855. He was frequently elected president of the Senate, and was ex-officio Vice-President of the United States under the administration of Fillmore and Pierce. Mr. Atchison became especially prominent in the legislation for the organization of the territories of Kansas and Nebraska, and claimed to have originated the clause in the bill repealing the Missouri Compromise. He was for many years prominently identified with the military service of the State, and held various commissions, from captain to major-general. Dur- ing the Kansas troubles in 1856-57, he was a leader and chief adviser of the pro-slavery party. He died at his home in Gower,


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Clinton County, a few years ago. Mr. Atchison was an able lawyer and an impartial judge, but his fame rests principally upon his abilities as a politician and great political leader.


Hon. Henderson Young, second judge of the Twelfth Judicial Circuit, came to the bench in Andrew County to fill the vacancy caused by the resignation of Hon. David R. Atchison. At this late day but little is known personally of the character and judicial abil- ity of Judge Young further than is disclosed in his record. From this it may readily be inferred that he was methodical in the dis- position of business, ready in the examination and settlement of issues, impartial in his decisions, and, withal, gentlemanly and courteous to the members of the bar especially, and to all others with whom he came in contact. He came of a very intelligent family, several members of which ranked high in different learned professions. He was a safe lawyer, and during his brief period on the bench won the confidence and esteem of his professional brethren throughout the circuit.


Hon. Solomon L. Leonard, the immediate successor of Judge Young, was one of the early settlers of the Platte country. He had been engaged in teaching school at the time of his coming, and was in moderate circumstances-indeed, might be termed poor. He settled originally on a small farm about two miles from Platte City, where for some time he carried on agricultural pursuits in connection with teaching, applying his leisure mo- ments to a careful study of the legal profession. After his ad- mission to the bar his progress was quite slow, and it was not until 1840 or 1841 that his legal abilities began to be recognized. About the year 1843 he was appointed commissioner to select land for the State, and in 1844 or 1845 was appointed judge of the Twelfth Judicial Circuit, to fill a vacancy occasioned by the resignation of Hon. Henderson Young. He continued in office, by successive elections, until 1852, when he declined being a can- didate for re-election. "In many respects he was a model judge, commencing court every morning early, at the very moment to which it was adjourned." Every day he got through the docket of that day, if it could be done, by dark. Lawyers had to work hard, and those not fond of hard work found fault. The hard work imposed on the bar was not the result of any ar-


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bitrary feeling on his part, but a determination and an honest purpose to subserve the interest of the public properly." Judge Leonard had a thorough knowledge of every department of the law, and was a man of strong will and large brain power. "Rath- er impatient by nature, yet he was fond of legal and logical discussions, and listened with patience to lawyers of any ability." He discharged the duties of his office expeditiously and impar- tially, and was considered a just and able judge.


William B. Almond, successor of the preceding, was a Vir- ginian by birth, and an 'early resident of the Platte purchase, locating in Sparta, Buchanan County, about the year 1839. He was educated for the ministry, graduated from Hampton and Sydney College, after which he determined to make the legal profession his life work. He began the practice in Platte Coun- ty, where he soon succeeded in acquiring a successful business. He subsequently went to California, in which State he was ap- pointed judge, and which he made his home for several years. Having accumulated a comfortable competency, he returned to Missouri, and settled permanently in Platte City. He was elected judge in 1854, but held the office only a short time, resigning to look after his interests in the West. "Judge Almond was a flu- ent speaker, without approaching or approximating eloquence. He was a fair lawyer, and, while not an orator, was an honorable and successful advocate."


E. H. Norton was one of the early successful lawyers of the Platte country, and subsequently a member of the Congress of the United States. He was the immediate successor of Judge Almond, and, as judge of the circuit court, stood high among the most efficient and able officials-one of the best that graced the bench. He was a close and ready pleader, possessed a clear, logical mind and great force of character. As a judge he was self-reliant and unequivocal, making few mistakes in the enunci- ation of his decisions; his style brief and exhaustive. He is now a member of the supreme court of Missouri.


Silas Woodson, sixth judge of the Twelfth Judicial Circuit, was elected in 1860, and discharged the duties of the position for one term. He was for years prior to his election one of the leading attorneys of Buchanan County, taking high rank among


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the most eminent lawyers of the State. In August, 1872, he was elected governor of Missouri by a large majority, and served in that honorable position two years, with distinguished ability. " He possesses an earnest nature, great energy and firmness, a clear, comprehensive and analytical mind, and a heart full of charity and noble impulses." At the present time he is judge of the criminal court of Buchanan County.


William Herren, of Savannah, was the seventh judge of the Twelfth Judicial Circuit, and as such came to the bench in 1863. Judge Herren is a native of Ohio, and came to Missouri with his parents when about eighteen years old. He early began the study of the legal profession, and was admitted to the bar in Andrew County by Hon. Solomon Leonard. He was elected to the State Senate in 1862, but resigned to accept the judgeship in the year above named. He held the position of judge six years, and faithfully performed its duties. Judge Herren is an able lawyer, profound in the principles of the law, and thoroughly posted in the subtilties of legal science. Few judges of North- west Missouri have acquired so high a reputation for soundness in the knowledge of the law and for careful application of princi- ples in the investigation and determination of questions submitted for his consideration and disposal. His mind is analytical, and he is a clear logician, an able advocate, and has always been a safe counselor and judicious practitioner. At the expiration of his official term he resumed the practice in Savannah, where he still resides.


I. C. Parker succeeded William Herren in 1869, and earned an enviable reputation as an able and impartial judge. He was for some years a successful member of the Buchanan County bar, in fact one of the most learned, taking a position among those of more advanced age and wider experience. In addition to his office of judge Mr. Parker held various other positions, among which was that of congressman. He is at this time judge of the United States District Court, Fort Smith, Ark.


Bennett Pike, of St. Joseph, served one term on the bench, being the immediate successor of Judge Parker. In his rela- tions as judge Mr. Pike sustained the reputation of an able and honorable official, few of his decisions having met with re-


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versal at the hands of the supreme court. He is an excellent lawyer, a courteous gentleman, of firm integrity, and enjoys the respect of his professional brethren of the St. Louis bar, where he now has a lucrative practice.


Henry S. Kelley, of Savannah, was the tenth judge in line of succession of the Andrew Circuit Court. Judge Kelley studied law, and was admitted to the bar at Marion, Ind., in 1853. From 1854 to 1856 he was prosecuting attorney of a district in that State, and from the latter year until 1860 was judge of the com- mon pleas court embracing the counties of Grant, Blackford and Delaware. He came to Andrew County, Mo., in 1866, lo- cating at Savannah, where he engaged in the active practice of his profession, continuing therein until his election to the judg- ship in April, 1872. He was re-elected in 1874, and filled the office, by successive re-elections, until 1886. Judge Kelley is the author of several legal works, among which are "Kelley's Treatise for Justices and Constables in the State of Missouri," "Criminal Law and Practice," "Probate Guide" and others. For a num- of years he has at stated times lectured on criminal law and practice in Missouri, at the State University, and is also a con- tributor to the Central Law Journal, St. Louis. As a judge Mr. Kelley was without a superior. Fortified by his profound knowl- edge of the law and convictions of right, he seldom committed errors of sufficient import to justify reversal.


As a lawyer he is a an able counselor, and in points of critical knowledge and high intellectuality occupies a prominent place among the eminent jurists of Missouri. He is still in the active practice of his profession, being at this time a member of the leading law firm of St. Joseph and Kansas City.


Cyrus A. Anthony, present judge of the Twelfth Judicial Circuit, was elected to the position in 1885. Judge Anthony is a native of New Jersey, and at this time a resident of Maryville, Nodaway Co., Mo., locating in that city in the year 1870. He served in the Federal Army from 1861 until 1865, and subse- quently began the study of law. He was admitted to the bar in 1869, was county attorney of Nodaway County for some time, and in 1882 was elected a member of the Lower House of the State Legislature. "His success as a lawyer lies in his noble devo-


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tion to his profession," and as a judge he has already earned the reputation of a judicious and impartial official. .


The Andrew County bar as now constituted comprises a list of attorneys, who, for legal acumen and professional ability, will compare favorably with the bar of any other county in the State. Two of the county's leading lawyers have already been appro- priately mentioned in connection with the judgeship, to wit: Hons. William Herren and Henry S. Kelley. The following is a brief mention of those constituting the bar at the present time (1887) : Hon. David Rea, one of the leading lawyers of Northern Missouri, is a native of Ripley County, Ind. He accompanied his parents to this county in 1842; studied law, and was admitted to the bar in 1862, since which time he has been engaged in the active practice of his profession in the courts of Andrew and neighboring counties. In 1874 he was elected representative to Congress, and was re-elected in 1876, serving in all four years. Mr. Rea is a lawyer of eminent ability, and as an advocate, has few, if any, superiors in the Platte country. He is courteous in his treatment of others, and his safety as a counselor has gained for him the homely, but highly honorable, appellation of " Honest Dave." He conducted his congressional canvasses with great ability and was a representative of whom his constituents felt justly proud. His practice at this time is quite extensive, being frequently retained to conduct important cases in neighboring and distant counties.




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