USA > Missouri > Vernon County > History of Vernon County, Missouri : past and present, including an account of the cities, towns and villages of the county Vol. I > Part 34
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writer's best information. Judge Parkinson was elected as a Democrat and from the latest reports he has kept the faith.
At the termination of Judge Parkinson's term in 1880 Hon. C. G. Burton, a Republican, was elected to succeed him, although the circuit was largely Democratic. This fell about by reason of factions in the Democratic party and they had two candidates in the field, which split the vote and made it possible for Judge Burton to be elected. Judge Burton was a native of Ohio, was living in Nevada where he had been living for about ten years, being one of the leading lawyers, active politicians and promi- nent citizens generally. He was a well-educated lawyer and in every way well fitted to fill the high position to which he had been elevated. As a judge he was quick in grasping both the law and the facts of a case, accurate in his reasoning and just in his judgments. Being quick in his apprehensions and aggressive in his disposition made him somewhat independent on the bench, which was often noted by the bar. He made a record as judge which is often referred to in terms of praise in every county in the circuit. He is now living in Kansas City, filling the office of collector of the United States revenue. At the expiration of Judge Burton's term in 1886 Hon. D. P. Stratton, of Nevada. Mo., was elected on the Democratic ticket to succeed him on the bench of this circuit. Judge Stratton was born at Salem, N. J., Septem- ber 19, 1839, and died at Eldorado Springs, Cedar county, Mis- souri, on January 15, 1901. Judge Stratton was a man of con- siderable erudition, a sound lawyer, especially imbued with chan- cery practice for which his native state was eminent, the old chancery reports of New Jersey standing in the front rank. He had deep religious feelings and a keen sense of moral principles. He was careful and painstaking as a judge and to such an extent as to subject himself to criticism, as his courts were thought too protracted by the people generally. His administration on the whole was satisfactory to the people and in some things he was very much applauded, i. e., in this that it is said he never granted a divorce where there was a contest and children involved and seldom in contested cases even if there were no children. He served two terms and his successor was elected at the general election in 1898, and the honor fell to Hon. H. C. Timmonds, of Lamar, Mo. Judge Timmonds was born at Knoxville, Iowa, May 12. 1853, and was a leading lawyer not only in his home town,
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but throughout the circuit at the time of his election. The judge had what is termed the judicial temperament in a high degree and was conceded by all to be fair and impartial and made a per- manent record as such, and the people all over the circuit continue to praise him as an upright judge. He was very industrious, what we call a hard worker as a judge and his decisions were succinct and pointed. Upon his retirement from the bench he took up his residence in Kansas City, where he has a large and lucrative prac- tice as a member of the prominent law firm of Warner, Dean, Mc- Leod & Timmonds. At the election in 1904 L. W. Shafer (a Re- publican was elected in the Republican landslide of that year) to succeed Judge Timmonds. Judge Shafer was quietly practicing his profession at his home town of Greenfield, Dade county, when he was nominated and hardly expected to be elected, but assumed the judicial ermine with becoming dignity when he was elected. He made no pretentions to being a great lawyer and was modest and unassuming in the extreme and kind and genial in his dis- position. He was governed in his decisions by his innate sense of justice and unless there was some very technical point involved his judgment was about right most of the time. The bar and the people loved him and mourned his death, which occurred on the 6th day of May, 1906, having served about eighteen months of his term. The writer hereof was appointed by the governor to serve until the next general election, which came off that fall and re- sulted in the election of Hon. Berry G. Thurman, of Lamar, Mo., to succeed Judge Shafer. Judge Thurman, like his fellow townsman, Judge Timmonds, was a prominent and successful lawyer at home and abroad when elected. In the "Bench and Bar," published in 1898, it is said of Judge Thurman that "he is a tireless worker, en- dowed with great firmness of purpose, clear insight into a proposi- tion, a fine natural intelligence, rounded out and perfected by the education that comes from the schools, from experience and from extensive reading. In addition to this it may be said the judge is always spoken of in commendable terms on account of his broad and warm sociability, his freedom from pretense and convention- ality. He is noted and proud of being a devotee of the hounds and he grows enthusiastic over a fox chase. In assuming the bench he inaugurated the plan of putting the running of the court upon a business basis and to keep up with the docket, so it would not get crowded and lengthen out the term. He most
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consistently and insistently carried out this program and won the good opinion of the people thereby, for he was nominated and elected in 1910 to succeed himself by a large and handsome majority. He is now serving his second term in an acceptable manner to the people at large. Judge Thurman is a native of Missouri, being born in Miller county, Missouri, June 25, 1851. This brings us to the second in order, i. e.,
THE PROBATE COURT BENCH.
By an act of the legislature dated March 15, 1861, the probate court of this county was established. Prior to this time the county court exercised probate jurisdiction. By the provision of this act the first election was to be held on the first Monday in August, 1862, and every four years thereafter, the county court to appoint a judge to serve in the meantime, but some- thing happened about that time, the war coming on and the county court failed to appoint and when the time arrived for the first election in 1862 affairs were in utter confusion in Ver- non county. In truth it was hotter here than most any other part of the state, and holding an election was the least thought of thing by the people. After the war there seemed to be some confusion as to how to proceed to provide a probate judge, and the difficulty was solved by holding an election in August, 1866, when Dr. Albert Badger was elected judge of the probate court, and he assumed the duties of his office in October of that year, the county court being in session, holding its regular October term and part of the records of this, the first term of the probate court, is made by the county court. Judge Badger at the time of his election was a farmer and retired physician. He was born in 1820 (there is a little confusion as to the date of his birth. as he gives it in Brown's history as 1821, but after this his brother died and in looking up records in connection therewith it was discovered that Judge Badger had lost a year). Judge Badger made a good and acceptable judge. The accumulation of estates during the war made his court a busy one and equally important. The judge died March 14, 1911, at a ripe old age, honored and respected by all. At the general election in 1870 Mr. C. B. McAfee, a practicing attorney of Nevada, Mo., was elected probate judge. Judge McAfee discharged the duties of the office quite satisfactorily and pleased the people highly ; act-
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ing as his own clerk and writing a fine hand, he kept exception- ally neat records. He died at Lamar, Mo. In 1874 Ashby Gray was elected to follow Judge McAfee and led to the making of quite a record of family service on the probate bench, he and his father serving in that position for twenty years. Judge Ashby Gray was a man of fine character and not only a good but had in him the making of a great lawyer, and this was recognized by the bar at an early stage of his life as a lawyer, for while he was studying law and tramping back and forth from the farm, some three miles from town, he was dubbed by general opinion "Chancellor," which term characterized him significantly. His service upon the probate bench was an un- interrupted. enlightened administration of the law. The inter- ests of the widows and orphans were carefully safeguarded and looked after. He was born in Pettis county, Missouri, July 10. 1846, and died July 12. 1881, at Springfield, Mo., on his way home from a health-seeking trip, being about thirty-five years old. His father, Hampton P. Gray, was appointed by the gov- ernor to serve until the next general election, which occurred in 1882, when he was elected for a full term and elected to succeed himself at the elections in 1886 and 1890, and was a candidate for re-election in 1894, with a good chance of success when he died on June 1. only a few days before the primary. It can be truly said of Judge H. P. Gray that he grazed being a great man; he was gifted with a big brain and had a well-balanced. disciplined and vigorous intellect. He was a native Missourian and in his young manhood had applied himself to the study of the law, but never practiced it as a profession. His long service fully attests the fact that the people considered him a faithful. honest and capable judge. To fill the vacancy caused by the death of Judge Gray, Fielding Childs. of Schell City, was ap- pointed by the governor. Mr. Childs (commonly called "Tobe") was a lawyer living at and practicing his profession at Schell City and was an old resident of the county and one of the first citizens of that town. He was recognized as a man of more than ordinary ability and legal attainments. The people were well pleased with him as judge during his short term of service. He was born in Boon county, January 27. 1820, and died at Schell City.
At the 1894 election Judson W. Smith was elected as our
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probate judge and was again elected in 1898 to succeed himself and so served two full terms. Judge Smith is a native Mis- sourian. He made a good probate judge, and although he was a licensed and practicing attorney, yet in discharging the du- ties of his office he made a reputation for the practical good sense that pervaded all of his official acts and it is this which parties want and are impressed with who have business before the probate court. Upon retiring from the bench, not being sat- isfied with the uncertain returns from a practice that had to be built up anew, as he had been out of practice for so long, he engaged in other lines of business and is now, we believe, a com- mercial traveler, which shows his versatility of talents. At the election in 1902 Hon. T. J. Myers was elected to succeed Judge Smith and was re-elected in 1906 and 1910 and is therefore now serving on the bench. Judge Myers is a native Missourian, hav- ing been born near Cepha's Ford bridge, Vernon county, then Bates county, December 20, 1846. Judge Myers is an ideal pro- bate judge, being plain in manners, level headed and conserva- tive and, withal, a first class lawyer. No better proof of his official integrity, ability and faithfulness could be asked than the fact that he was elected to serve his third term. From the above it will be observed that this county with only one ex- ception (Judge Badger) has had lawyers to fill the office of probate judge, which can be said of very few counties in the state.
The two remaining branches of this subject are :
THE COUNTY COURT BENCH.
While this court is recognized as a court of record still it is hardly a part of the judiciary of the state, as it has more particu- larly to do with the business of the county properly speaking- roads and bridges. revenue, schools, etc .- and the judges are usually lay men, and elected on account of their business integrity and capacity and general interest in county affairs, the record showing that only one practicing lawyer was ever elected to this position, and that was Judge T. J. Myers, our present Probate Judge; reference is therefore made to the general list of county officers to be found in another part of this work for the names of the county judges ; however, there is one period we feel called on to give some attention to and that is when the movement swept
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over the state to have only one judge of the county court-this was in 1874-5-and we find that the Legislature by an act dated March 24, 1875, provided for one judge of our county court, to be elected first Tuesday in April, 1875, and at general election in 1876 and every two years thereafter. Under this act James McKill, of Harrison township, was elected and at the election of 1876 Paul F. Thornton was elected to succeed him, but in 1877, by an act dated April 27th, we were changed back to the old system and three judges to be elected at the general election of 1878. The people of this county did not like to go back to the old system, especially on account of the highly satisfactory way in which Judge Thornton had managed the affairs of the county, and this was not to be wondered at as he was recognized not only in this county but all through this part of the state as being one of the finest business men in the state, being at that time presi- dent of the Thornton Bank, of which he was one of the original founders. The judge is now living in Dallas, Texas, moving there on account of his health many years ago.
And now for the last on the Bench list :
J. P. ("JUDGMENT FOR PLAINTIFF") COURT.
While J. P. courts are not courts of record yet every lawyer in the country districts knows that in a new country his court is the bee-hive of litigation and therefore they are entitled to notice of themselves, as well as to round out this sketch. The J. P's in this county in the early days were typical of their class the world over and when this is said it means the master hand of delineation to do the subject justice and we keenly feel our deficiency and therefore approach the subject with great diffidence, for what pen can properly portray Col. E. I. Fishpool, Col. S. P. Doss and little "b" "f" long, be it remembered that no amount of coaxing could induce Squire Long to use capital letters in his signature and this was not his only peculiarity, for he was one of the old time J. P's who had the faculty of making the law to "kiver" the case when necessary and he could not comprehend or understand the argument of the lawyers. Fish- pool was a man about six feet tall, weighing something over 200, with "big, round belly," and having other traits of the fa- mous Jack whose other name was Falstaff, periodically he pro- voked an encounter with "booze" and kept up the record of
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coming out second best, but it was only after numerous rounds, intermixed of wine, beer, whiskey, brandy, and other ingredients, that he finally succumbed, his paunch seeming to be of infinite capacity. In appearance, when he would come fresh from home (he had a devoted wife who made it her business to send him up town looking spick and span) he was imposing-really pompous -his shirt front immaculate, high plug hat, long-tail coat, and shoes shining. He was a practicing attorney, but it could hardly be said that he was a man of profound legal attainments, but he did shine in polite literature and was somewhat of an elocutionist, being gifted with a well modulated, deep and resonant voice ; when about half sees over he could sing "Rocked in the Cradle of the Deep" or "The Old Sexton" in a way worth listening to and just before he reached the maudlin stage-"discoursing fustian to one's own shadow"-his quotations from Shakspeare -a la Booth-made the natives stare. On the days when he held court he would show up trimly dressed as above set forth and after dashing off a goblet about two-thirds full of alcohol without any water in it or on the side, and without a grimace, he would consider himself in shape to try the case of John Doe vs. Richard Roe, "Action in assumpsit on the common counts."
He died many years ago. He had a kind and sympathetic nature and was an enemy only to himself. Squire Doss was a man of some considerable legal ability and learning, and he rather played the role of an old fashioned J. P. to meet the public expectation and his general make up and appearance made it an easy task; he was a native of Tennessee, eastern part, and was a good sample of the mountaineer of that state, lean, lank and tall, heavy mustache, big brown lustrous eyes, deep set, and prominent features, with a big quid of tobacco in his mouth, . squirting amber promiscuously and in great quantities, made him rather picturesque. He was an all round sport and social drinker, but as high-minded and unselfish man as we had among us. He has long since joined the majority. H. A. (Hank) Wight was another of our early J. P's. His general character may be guessed by his remark when elected, which was-what in the d-1 did they elect him J. P. for ?- and from the fact that his brother Ame (S. A. Wight) never would bring a suit before him and always took a change of venue when he represented the defend- ant, because "Hank," to be like Caesar's wife, above suspicion,
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would give his brother the worst of it in his decisions so as to avoid all criticisms on account of relationship. He is still with us and remembers with pride and a touch of humor his expe- rience as a J. P.
The faces and forms of many of the old country J. P's present themselves to my mind, provoking many pleasing memories and interesting occurrences, but time and space will not permit any extended notice of them: they were all good men and dispensed common sense justice, if it was in the rough.
This brings up to the last but not least part of our phrase. that is :
THE BAR OF VERNON COUNTY.
I know my brethren, at least, will pardon me for indulging a little professional pride by briefly saying by way of preface that the legal profession is the greatest and most important among men dealing with human affairs-"the fabric of civilized society is supported by the pillars of law"-and it is the special business of lawyers to supply, put in place, and maintain in good order and repair these great pillars. Lawyers have more entrusted to them and betray less than any other class of men and proudly count among their number the greatest logicians, the profoundest thinkers, the most brilliant orators, the most patriotic and able statesmen, and some of the most devout men who have bent the knee at the foot of the Cross have been great lawyers in every civilized nation; they encounter more obstacles and difficulties, meet with keener defeats and have to struggle with greater dis- couragements and disappointments in their calling than any other class of men, and yet never flinch or lose their nerve, and while brought in contact with all that is worst in men and women, their faith in normal human nature is never shaken and the most beau- tiful and touching tributes paid to the tenderness, purity and devotion of woman and the honor and manhood of man will be found in the addresses of advocates to the jury; truly can it be said that "the study of the law exercises the highest faculties of the mind and its practice brings into play the cardinal virtues of the heart." When all the dirt and dross is washed out of the profession there will always be found the lump of pure gold-the true, noble lawyer.
The practice in the early days was somewhat different from
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what it is now when certain means and methods have been re- duced to a fine art which at that time would not have been thought of or tolerated, not that our methods were above criti- cism, but we played in the open and were inexperienced. Among the novelties of the early practice was the country pettifogger, so dubbed in the absence of a better and more appropriate term. Some of them were enrolled attorneys, but never pretended to practice in any court but J. P's. The older members of the bar will remember them as I name some of them: John Trusket in Deerfield township (Mouthy John), Clay Parrish in Harrison township, Jim Gillette in Metz, George Jones in Osage,
Hawes at Walker, Doc Lipscomb in Virgil, Colonel Snider in Montevallo ; these were hard fellows to deal with before a country Justice or jury, for they would have the local feeling with them and the crowd at the trial wanted to see the town lawyer downed. and they generally had things fixed before the trial, but some of the town boys played back by leaving their books behind and taking with them a bottle filled with proper stuff and when they arrived at the school house of the J. P's home they got busy and would consult with parties behind the house or straggle off down to the barn and do a little fixing themselves and it was some time before the country jakes got onto the game, and then a howl went up of unfair and corrupt means being used, losing sight of the fact that the town lawyer was adopting their tactics of trying the case before it was called in court.
It so happens that the first person to sign the roll of attorneys in this county, April, 1856, was the foremost lawyer and citizen of southwest Missouri, the Hon. Waldo P. Johnson. A volume could be written of him as a lawyer and his career in this part of the state but we must content ourselves by saying that to sum it all up he was really a remarkable lawyer and great man. The first case we had anything to do in the trial of in this county was with Judge Johnson-Upton vs. Dodson. The de- fendant was my stepfather and that is how I got in the case. There had been a mistrial at the preceding term and was to be tried over at this, the May, term, 1871, and so at the very outset of my practice in this county I was brought into close relations with the Judge, and the impression made upon me at that time was lasting, and I think he impressed every one in the same way.
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Ile was faithful to his client, yet above any little trickery ; he was a good pleader on paper, before the judge or jury, sharp, incisive and logical in his argument to the court, and forceful in his appeals to the jury, often reaching high strains of eloquence ; courteous to all, combining qualities of the thorough business man with the accuracy of the trained lawyer; his sense of pro- fessional honor was very keen and he would not brook its being trifled with ; he was never suspected as to lost papers, of plugging a jury or trying to get an inside pull on the court; he was what is termed wiry, both in mind and body. He died August 14, 1885, in Osceola, leaving an unblemished character and a distinguished reputation. Following his name on the roll are those of Burr H. Emerson and Foster P. Wright, of whom we have spoken above, but there is one other matter I wish to mention here and that is that Judge Wright and Judge Johnson were in full practice in our court during the incumbency of Judge McGaughey and on account of their prestige-one having served sixteen years as judge and the other also bein an ex-judge and former U. S. Senator from this state-their "ipse dixit" had great weight with the court and the younger members of the bar felt the disad- vantage when they had to meet either one in a case, for their statement of the law generally went with the judge, but we had our satisfaction when the court was put in the predicament of trying a case with just them as opposing counsel, the statement of one being met with a counter statement from the other; and I think Judge Wright and Judge Johnson appreciated and en- joyed the situation. But I find that to say all that could and ought to be said of the various attorneys who have practiced at this bar would not only tax my time but the patience of the reader, and we must proceed in a general way. In 1857 we find W. H. Blanton, D. C. Hunter and J. C. Boone enrolled, which closes the ante-bellum list. After the war the first name appear- ing is that of A. A. Pitcher, having the date of September 12, 1865, but how he signed the roll at that date is a mystery, as it is understood the records were not here at that time and there surely was no court in session and by what right or whose per- mission he signed up we are in the dark, but be that as it may there is his name with that date. In April, 1866, we find the names of John T. Birdseye, R. C. Anderson and E. I. Fishpool.
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At the November term, 1866, S. A. Wight signs; at the May term, 1867, Paul F. Thornton; at May term, 1868, C. G. Burton and E. E. Kimball, S. H. Claycomb, C. R. Scott. In 1870, at May term, the following became members of the Vernon bar: J. B. Upton, D. G. Boone, A. W. Vanswearingen, C. H. Morgan, and at the November term of the same year the following : George Fowler, Meigs Jackson, W. J. Stone, R. C. McBeth, C. C. Basset, C. T. Davis ; at the May term, 1871, A. R. Patterson, J. B. Johnson ; at the November term, 1871, Thomas Vanswearingen, W. F. Davis and Ashby Gray; John F. Phillips, J. K. Hansbrough, 1872; in 1873, John Montgomery; in 1876, M. A. Pinkerton and G. C. Gregory ; November, 1877, B. G. Thurman and D. A. DeArmond ; May, 1878, T. J. Myers; November, 1880, Lee Chiswell and M. T. January. In this list I have practically confined myself to those who were regarded as regular practitioners at the bar and not inere transients having a stray case, as it might be termed, and signed the roll. By oversight the name of William Bradford was omitted from the above. He became a member of this bar in May, 1867, and was regarded as one of the best and most brilliant law- yers then practicing in our court. With this list of such bright and talented men and genial spirits how a person is moved to write and write, and I cannot refrain from mentioning Meigs Jackson, so uniformly good humored, and I can now see his beam- ing face, broad smile, twinkling black eyes, merry chuckle, and his sides shaking with laughter but no articulate sound; Colonel Hunter, with his clear blue eye, who, when he laughed had to do so with his feet, raising them up and down; E. E. Kimball, broad and high-minded and liked so well by every one, and C. R. (Charley) Scott, who was a living contradiction to the statement that a man could not be a lawyer and a Christian, for he was a good, shrewd lawyer and not only a church member but a genuine Christian-no man ever lived in this county in whom the people had more implicit confidence. Our present bar is composed of gentlemen of high character and fine legal attainments and will compare favorably with the bar of any county in the state, to speak of them in detail I am afraid would be a venture in which I would more than likely "get my feet wet"-therefore I forbear. For anything objectionable or offensive that may be in this article I ask that forgiveness I would freely grant.
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