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 50
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 50
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Several lawyers were formerly admitted to the bar at the early sessions of the circuit court, conspicuous among whom was John F. Doherty, who has left to posterity a record of which the citizens of De Kalb County feel justly proud. Mr. Doherty was born in Claiborne County, East Tenn., March 30, 1807, and was descended from the ancient family of O'Doughertys in the north-
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ern part of Ireland. His paternal grandfather was a native of Virginia, but early immigrated to Tennessee. William Doherty, his son, and father of John F., was a soldier in the War of 1812, and an early resident of Cumberland County, Ky. John F. Doherty was educated at Shelbyville, Tenn., and while quite young began the study of law, in which he early acquired con- siderable proficiency. He immigrated to Missouri in 1828, and settled in Clay County, where he'engaged in teaching, and where, a little later, he was united in marriage to Miss Phœbe Hawkins, a cousin of President Abraham Lincoln. In 1836 he became editor of the Far West, published at Liberty, Clay Co., Mo., and four years later moved to what is now De Kalb County, in the organization of which, in 1845, he was chosen county and cir- cuit clerk. He was admitted to the De Kalb County bar Sep- tember 24, 1846, and at once entered upon the active practice of his profession, which he carried on in connection with various different duties for a number of years. In 1850 he was elected to represent De Kalb in the State Legislature, and took a distin- guished part in the debates of that body during the trying pe- riod just preceding the war. He was an ultra States rights man, and on account of his strong political views was severely censured by some of his constituents. In 1855 he was appointed first school commissioner of De Kalb County, and it was during his ad- ministration of the office that the school system was properly or- ganized and the county divided into districts. At the breaking out of the war he refused to take the oath of allegiance, in conse- quence of which he was declared a rebel, and forced to leave the State until the close of the struggle.
Returning home after the proclamation of pardon by President Johnson, he settled on his farm near Stewartsville and for some time was engaged in teach- ing. He took an active part in the township organization, and was one of the first five judges, after the law providing for the organization went into effect, elected in 1873, and re-elected the following year. As a lawyer and politician Mr. Doherty ranked among the most successful in the county, and as a citizen few stood higher in the estimation of the people of the county than he. He was of commanding appearance, possessed a well balanced and logical mind, and was always considered an
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able lawyer and safe counselor. He died at his farm near Stew- artsville a few years ago.
Isaac N. Shambaugh, one of the first resident lawyers of De Kalb County, was a native of Virginia, and an early resident of Maysville, moving to the town when it was but a niche in the surrounding forest. He began the study of law at Plattsburg, Clinton County, under Judge James Birch, and, after becoming well versed in the subtleties of legal science, was admitted to practice at the De Kalb bar in 1848. He rapidly gained a prac- tice, which steadily increased until he became known as one of the successful attorneys of the Fifth Judicial Circuit. He was an able advocate, and his addresses to a jury were always clear, logical and, when the nature of the case demanded it, eloquent. His mental organization was a fine texture, and eminently fitted him for a high rank in the profession. His specialty was crimi- mal practice, and during his long residence in Maysville was con- nected with many of the noted cases of the county. He prac- ticed in the courts of. De Kalb, and other counties in the cir- cuit, from 1848 to 1861, at which time he located at Nebraska City, Neb. At this time he is living in McDonough County, Mo.
Prominent among the early lawyers of the Fifth Judicial Cir- cuit was Hon. Henry M. Vories, whose name appears in connec- tion with much of the early litigation of De Kalb County. Mr. Vories was born in Kentucky, but in early life immigrated to Indiana, in which State he was for a number of years engaged in farming, merchandising and trading. Becoming tired of these occupations, he turned his attention to a calling more in harmony with his tastes and inclinations, and began the study of law un- der the able instruction of Hon. Oliver Smith, late United States senator from Indiana. After becoming acquainted with the principles of the legal profession he was admitted to the bar, and began the practice in a circuit abounding in talented men. He soon made himself conversant with the intricacies of his pro- fession, and a thorough master of the science of pleading under the old Chitty practice. In 1843 he came to Missouri, and lo- cated at the town of Sparta, where his fine legal mind soon won for him a conspicuous place among the leading lawyers of this part of Missouri. Two years later he moved to St. Joseph,
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from which time until 1865 he practiced his profession in the courts of Buchanan and other counties of Northwest Missouri. After a most successful legal career for some years he was elected judge of the supreme court of the State, the duties of which position he discharged with signal ability until a short time before his death. Judge Vories was essentially a lawyer, and as such was the peer of any attorney in the State. From the beginning of his professional career he exhibited a high order of talent, especially in that he aimed to acquire a critical know- ledge of the law, coupled with the ability to present and success- fully maintain the soundness of his opinions. He died at his home in the city of St. Joseph a few years ago.
Prominent among the early practitioners of the Fifth Judicial Circuit was Aaron Conrow, a resident of Clay County, and at one time circuit attorney. As a criminal lawyer he was pre-emi- nently a success. Well and deeply read, with a clear, logical mind, which had been disciplined and strengthened by laborious study, he was especially strong as an advocate, and was re- tained as counsel in the majority of criminal cases that came up for trial during the period of his practice on the circuit. He practiced in the courts of De Kalb County for a number of years, and will always be remembered as one of the representative attorneys of Northern Missouri. He was killed in the late war while on his way to join Gen. Price's army at Mexico, this State.
Charles J. Hughes, a native of Kentucky, and resident of Caldwell County, was among the early practitioners at the De Kalb bar. While not a profound lawyer, he was fairly success- ful, and during his legal career acquired a lucrative practice throughout the circuit. He subsequently abandoned the profes- sion and engaged in other pursuits.
Robert E. Doherty, brother of Hon. John F. Doherty, was an early resident of the county, and among the first lawyers ad- mitted to the De Kalb bar, having been licensed to practice in 1847. He read law in Clay County, but practiced principally in the courts of De Kalb, where he early acquired a fairly lucrative business. He left the county many years ago.
Hon. Ephraim Ewing practiced in the courts of De Kalb County in an early day, and is remembered as one of the leading
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lawyers of the Fifth Judicial Circuit. His judicial qualifications were of the first order, enabling him with comparative ease to follow the thread of law through all the complicated subtleties of legal questions. As an attorney he gained much more than a local reputation, and in the domain of politics became widely and favorably known throughout the State. He filled various official positions, among which was that of secretary of State, having been elected to the same some time prior to the breaking out of the late war.
Hon. James N. Burns, of Platte County, practiced for a num- ber of years in the Fifth Judicial Circuit, and is well remem- bered by the older citizens of Maysville. He is an able man, well read in the principles of his profession, and during a long and laborious practice earned the reputation of a painstaking and honorable counselor. He is an argumentative rather than a brilliant advocate, and achieved his chief success in practice. In 1883 he was elected a member of the National House of Repre- sentatives, and is the present incumbent of that office from the district of which Platte County forms a part.
James N. Armstrong, of St. Joseph, practiced in De Kalb County for a number of years, and ranked well among the suc- cessful lawyers of the circuit. He met with a violent death a few years ago, having been shot and killed by a prominent phy- sician of the above city. John Strong, brother of the preceding, was also an early practitioner at the De Kalb County bar. He enjoyed a fair measure of popularity as a lawyer, and appears to, have been connected with a number of important cases at differ- ent times.
Samuel Richardson, of Gallatin, practiced for a number of years throughout the circuit, and was afterward elected judge in Daviess County. He possessed a clear and comprehensive mind, capable of grasping intricate legal technicalities with great exactness, and as a jury lawyer ranked with the most successful in this part of the State.
Hon. Benjamin F. Loan, one of the leading lawyers of North- west Missouri, was an early practitioner in the Fifth Judicial Cir- cuit, and was frequently retained as counselor by litigants in De Kalb County. In legal learning he was the peer of any law-
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yer of Northwest Missouri, and as citizen, attorney and politician few commanded as high respect in the estimation of the people. He was for six years a member of the Congress of the United States, and in the deliberations of that body earned the reputa- tion of a wise and patriotic legislator. He was a resident of St. Joseph, where his death occurred a few years since.
William Lewis, of Gentry County, brother of George W. Lewis, acquired a lucrative practice in the county, and for some years attended regularly all sessions of the courts at Maysville. He was a good lawyer, but not noted for any especial brilliancy in the profession.
Conspicuous among the resident lawyers of De Kalb County was Hon. George W. Rose, a native of Kentucky, born in the town of Flemingsburg, April 22, 1834. He received a liberal education, and having completed his literary studies applied him- self to teaching, which profession he followed for some years, reading law in the meantime. He subsequently entered the law office of Messrs. Cox & Cavin, men of high legal standing, and after remaining under their instruction until becoming familiar with the principles of the profession was admitted to the bar by Judge Reed, of the Thirteenth Kentucky Judicial District. He came to Missouri in 1856, settling at Weston, Platte County, and six years later moved to Stewartsville, this county, where he re- sumed the practice of his profession. He was subsequently elected prosecuting attorney, and for several successive terms filled that office with commendable ability. As a lawyer he was deservedly popular. He was a good advocate, and his perfect familiarity with legal technicalities won for him an extensive practice. He died at his home in Maysville, February, 1880.
Conspicuous among the early practitioners in this circuit was Hon. Mordecai Oliver, a native of Kentucky, born in Franklin County in the year 1819. In 1830 he immigrated to Missouri, where he was educated, and where he entered upon the study of the legal profession. He was admitted to the bar after three years' close application, and with characteristic energy followed up the profession until 1848, when he was elected prosecuting attorney. At the expiration of his term as prosecutor he resumed the practice until 1852, at which time he was elected a member
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of Congress. Re-elected in 1856, he took an active part in the deliberation of that body during the stormy political period pre- ceding the Civil War.
He entered the Union army in 1861, and later was chosen Secretary of State under the provisional government of Missouri. As a lawyer Mr. Oliver long occupied a front rank in his profes- sion, and stood high in the estimation of the people. As an advocate it may be said that he had but few if any superiors in the State. He practiced a number of years in De Kalb, but was never a resident of the county.
Among other lawyers who practiced throughout the circuit from time to time, and who were well known in De Kalb County, were the following: Philip Edwards, G. W. Poage, J. R. Scott, V. E. Bragg, James H. Birch, E. A. Lewis, William V. McCand- less, William Moore, A. H. Vories, Samuel Ensworth, Thomas S. Montgomery, Joseph Merriman, J. W. Strong, L. M. Lawson, T. J. Weatherby, James C. Higgins, H. K. White, Lewis Brown, Charles Ingalls, William Henry, J. H. Ringo, E. O. Hill, Hon. David Rea, S. S. Brown, Mr. Chapman, Benjamin J. Casteel, Charles F. Booher, I. R. Williams, Mr. Ramey, Judge William Herren, Allen Vories, W. J. Franklin, B. K. Davis, T. H. Collins.
THE BENCH.
The eminent character of Hon. Austin A. King requires more than a passing notice, in fact a sketch of the early courts and bar of De Kalb and other counties would be im- perfect without an extended mention of him and his many public services. He was born in one of the counties of East Tennessee, about the beginning of the present century, and in 1828 immi- grated to Missouri, locating at Columbia, Boone County, where he began the practice of the legal profession. He soon took high rank as a lawyer, and entering politics was elected representative in the State Legislature about the year 1836.
While a resident of Boone County he became a leader of the Democratic party, and at the expiration of his term in the Legis- lature was appointed, by the governor, judge of the Fifth Judicial Circuit. He moved to Ray County in the spring of 1837, where he resided until his death in 1870. He held the office of judge
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of the Fifth Judicial Circuit from the time of his appointment until 1848, during which period all the lawyers of his courts traveled with him around the circuit on horseback. He possessed a strong, vigorous intellect, was well read in the elementary princi- ples of the law, and thoroughly familiar with the leading adjudged cases of his time. He was industrious and indefatigable, had a strong love of justice and right, and against his judicial record no breath of suspicion was ever known to have been uttered. As a judge he enjoyed the confidence and esteem not only of the bar but of the people of the circuit, with all of whom he was very popular.
In 1848 he became the Democratic nominee for governor, and after a vigorous campaign was elected by a larger majority than any man ever received for the same office. His administration proved eminently satisfactory alike to friends and political enemies, although marked by a strong political period in the history of the State. At the close of his term of office he resumed the practice in his old circuit, where he acquired a large and lucrative busi- ness. As a speaker Judge King was logical, a close reasoner, and seldom failed to convince either court or jury of the correct- ness of his views and the rightful claims of his case whether civil or criminal. In 1864 he was elected a member of the Congress of the United States, and served one term, during which he took an active and distinguished part in the debates and general business then before the public.
Returning home at the expiration of his congressional service, he resumed the legal profession, which he carried on until his death in the year above mentioned.
Judge King was an uncompromising Democrat in politics, but whether in that field or his profession everybody was ready to concede his great ability. As a lawyer, jurist or statesman he was pre-eminently great, and for a long period of years devoted his best energies to the public service, wielding an influence ex- ceeded by few of his day and time.
Among the early practitioners of the bar of De Kalb and other counties of Northwest Missouri, few have surpassed in legal attainments G. W. Dunn, the immediate successor of Hon. Austin King, as judge of the Fifth Judicial Circuit. He was
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an able and forcible speaker, a faithful and conscientious attorney and an excellent judge of the law. Strength of mind and purity of purpose were his leading traits, and while upon the bench these made him popular alike with attorneys and the people. Prior to his election to the bench, Mr. Dunn had served as circuit attorney, and at the close of his second term upon the bench he resumed the practice of his profession, which he successfully continued until advancing age prompted his practical retirement from the bar. Judge Dunn is still livng, being a resident of Ray County, where he moved in an early day. He is pre-eminently a lawyer, and as such early took high rank among the leading attorneys of the State.
James McFerran was the immediate successor of Judge Dunn, and came to the bench well fortified for its duties with a profound knowledge of the law acquired by a number of years of successful practice. Judge McFerran was a native of Pennsylvania, but early moved to Daviess County, Mo., where his legal attainments soon won for him recognition as a skillful and successful coun- selor. As a judge he ranked well with those of a high order of talent in their respective fields, and, as a rule, had the confidence of clients and litigants. As a man he was gentlemanly in man- ners and of easy address, having few enemies and many friends. He resigned the judgeship early in the sixties, and entered the Federal service as colonel of a regiment of volunteers, and did good service in defence of the Union. He is still living, being at this time engaged in the banking business in one of the West- ern States.
Hon. Jonas J. Clark, successor of Judge McFerran, was elected and commissioned November 3, 1863, and served until March, 1866. While not as profound as some of his predeces- sors, Mr. Clark made a creditable record while upon the bench, and appears to have been held in high esteem both by lawyers and litigants. While not a brilliant lawyer, he was painstaking and methodical, and his decisions were, in the main, well made and impartial.
William Herren was the fifth judge of the circuit. Judge Herren was born in Ohio, but came to Missouri with his parents when about eighteen years old. Having early determined to make
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the legal profession his life work, he pursued his studies with that object in view, and after acquiring a practical knowledge of the law was admitted to the bar in Andrew County, by Hon. Sol- omon L. Leonard. He at once entered upon the active practice of the profession, and by a laudable ambition to succeed, soon acquired a large and lucrative business. In 1862 Mr. Her- ren was elected to the State Senate from Andrew County, but soon resigned in order to accept the judgeship, to which he was appointed the same year. As a judge Mr. Herren won a high reputation for the soundness of his decisions, while his thorough knowledge of the law, and acquaintance with the subtleties of legal science, placed him in the front rank of Missouri's leading law- yers. He possesses an analytic mind, is an able advocate, and has always been considered a reliable counselor and judicious practitioner. He served six years on the bench, and at the ex- piration of his judicial term resumed the practice of his profes- sion in Savannah, Andrew County, where he still resides.
Isaac C. Parker, successor of Judge Herren, came to the bench in 1869, having previously been one of the leading law- yers at the Buchanan County bar. He early took high rank among the most learned lawyers of Northwest Missouri, and as judge possessed, in a full measure, that absolute incorruptibility that insures purity in the administration of the law. His judg- ments were always distinctly marked with impartiality and even- handed justice, and a person convicted of a grave offense learned to expect but little sympathy at his hands. In addition to his record as judge and jurist, Mr. Parker"attained to considerable prominence in the field of politics, having been called to fill various official positions, among which was that of representative in the Congress of the United States. He moved West several years ago, and at this time is judge of the United States District Court, at Fort Smith, Ark.
The successor of Judge Parker was Hon. Bennett Pike, a master spirit of the bar of Northwest Missouri, whose reputation for candor and honesty, coupled with a clear sense of justice, won for him a name and fame second to few jurists in the State. In his bearing as judge, Mr. Pike sustained the relation of a pains- taking and honorable official, and such was the soundness of his
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decisions that but few of them met with reversal at the hands of the supreme court. After a number of years' successful practice in the courts of Buchanan and other counties, Judge Pike removed to St. Louis, in which city he still resides.
Following Judge Pike in the line of succession came Hon. Joseph P. Grubb, of St. Joseph, who discharged the duties of the judgeship for two terms. Judge Grubb has a profound knowl- edge of the law, and in a long and varied practice has met with much more than ordinary success in his profession. As a judge he was firm and methodical, and had the confidence of both law- yers and litigants. He resides at St. Joseph, where he has a large practice, his specialty being business connected with railroads.
Hon. William Sherman succeeded Judge Grubb, and came to the bench in 1880. He was a resident of Buchanan County, and at the time of his election was in command of an extensive legal practice in the city of St. Joseph. While not as profound as some of his predecessors Mr. Sherman was an able lawyer, and in the short time spent upon the bench he became popular alike with members of the bar and people. He died before the expiration of his term, the vacancy of which was filled by Hon. Silas Wood- son, who served until 1884. Mr. Woodson had previously served a term as judge, and as a lawyer ranked among the most eminent legal minds of the State. In 1872 he was elected governor of Missouri, the duties of which exalted position he discharged with distinguished ability for a period of two years. He is at this time judge of the criminal court of Buchanan County.
Hon. Joseph P. Grubb was elected to succeed Judge Wood. son, and discharged the duties of the position until the election of the present incumbent, Hon. Oliver Spencer, in November, 1886. Mr. Spencer is a prominent member of the Buchanan County bar, and as judge has already won a reputation for promptness in the discharge of court business and the justice and impartiality of his decisions.
PRESENT BAR OF DE KALB.
The oldest practicing attorney at this time in De Kalb County is Robert A. Hewitt, Sr., who came to Maysville in the year 1849. Mr. Hewitt is a native of Maryland, and was born in the city of Baltimore, in 1826. He came to Missouri in 1846, 24A
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and located at St. Joseph, where he remained some years, mov- ing subsequently to De Kalb County, where he has since resided. He began the study of law in Maysville under the instruction of Hon. I. N. Shambaugh, and in 1856 was admitted to the bar. En- tering upon the practice of his profession Mr. Hewitt soon ac- quired a lucrative practice, which he carried on for some years in connection with the office of circuit clerk, to which he was elected a short time after his admission to the bar. As a lawyer Mr. Hewitt has a high character for personal and professional integrity, which has distinguished him during his long legal career in De Kalb County. Well read in the principles of his profession, and possessed of a practical knowledge of the same ac- quired by long years of successful practice, he has made a record of which he feels deservedly proud. Having acquired a com- fortable competency he does not at this time give all of his atten- tion to legal business.
Prominent among the successful lawyers of Northwest Mis- souri is J. F. Harwood, a native of Cattaraugus County, N. Y., where he was born on the 24th of November, 1843. He began the study of his profession in Illinois in 1868 under Judge O. L. Davis, and was admitted to the bar at Cameron, Mo., in 1868. He began the practice in that city where he continued with
marked success until he removed to Maysville in 1886. From 1868 to 1871 he was assistant United States assessor, but it is as a lawyer that he is well known throughout the counties of the northern part of the State. He is a man of high personal integ- rity, well versed in the law and the discipline of courts, and is deservedly considered the leading lawyer of De Kalb County. In addition to the duties of his profession Mr. Harwood has ever taken an active interest in political affairs, and was twice his party's candidate for Congress. At this time he has an extensive and lucrative practice in a number of counties, and is frequently retained in important cases in distant parts of the State.
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