USA > Missouri > Greene County > Past and present of Greene County Missouri, early and recent history and genealogical records of many of the representative citizens, Volume I > Part 49
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The lawyers in Springfield before the war were John S. Phelps. John S. Waddill, Littleberry Hendricks, Andy T. Haun, W. C. Price. Runsford Bailey, A. J. Beal, Nick Lain Jones, Charles S. Yancy. Jarvis Barker, Sample Orr, J. W. D. L. F. Mack, R. A. C. Mack, John A. Mack. James M. Mack, H. J. Lindenbower, S. H. Boyd. D. C. Dade, P. H. Edwards. A. M. Julian, Solomon Vaughan, J. M. Richardson. J. H. McBride, Mordecai Oliver, John R. Chenault, D. Mckinney, Samuel A. Boak, - - Geary, T. A. Ruffin, Peter Singleton Wilkes and John T. Coffee. E. D. Mckinney was the first resident lawyer of Springfield. John T. Coffee and a lawyer named Payne had taken a horse on a fee. After putting a few under their belt, so to speak, they could not agree as to how they should divide the horse or how they would dispose of him. Coffee got his pistol and started toward where the horse was. Payne asked him what he was going to do. His reply was, "I am going to shoot my part of that horse. You may do what you please with your part." All of these are on the other side of that river which we must all cross. Some of them won enduring fame. For years the names of Littleberry Hendricks and John S. Waddill were as familiar
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in the homes of all southwest Missouri people as were the names of their children, and even now an old timer is occasionally found who will speak of them as the great lawyers of the early days.
THE NOBLEST ROMAN OF THEM ALL.
John S. Phelps was the most distinguished citizen of them all. He was born in Connecticut December 22, 1814, of Revolutionary parentage and was graduated from Washington-Trinity College in 1832. He studied law in his father's office and was admitted to the bar on his twenty-first birthday and two years later came to Missouri. Ascertaining that it was necessary to pass an examination in this state before he could practice he sought Judge Tompkins of the supreme court and found him hard at work in the woods of Cole county. The two sat on a log. The judge propounded and Phelps answered the questions, and there in Nature's home, roofed by Heaven's blue amid the singing of birds and the rustling of summer foliage, a future governor of Missouri received from a judge of its supreme court, scrawled on an unsightly page torn from a memorandum book, his license to practice law in all the courts of the state. He located in Springfield in 1837 and soon his practice was remunerative. In a short time he was admittedly the leading lawyer in southwestern Missouri. In 1840, he was a member of the state Legislature and in 1844 was elected to Congress where he was con- tinued for eighteen years, twelve of which he served on the committee of ways and means, part of the time being its chairman. There he made a reputation nation wide and was a statesman in the true sense of the word. In 1861 he recruited the Phelps regiment which participated in the battle of Pea Ridge and lost severely. He was appointed military governor of Arkansas in 1862, soon after which he was forced by ill health to repair to St. Louis, where he sufficiently recovered to enable him to return to Spring- field where he resumed the practice of his profession in 1864. In 1868 he was nominated by the Democratic convention for governor but was de- feated in the election. He was nominated again in 1876 and elected by an overwhelming majority. His nomination occurred July 19th, and on the 22d day of the same month he returned to Springfield on the Frisco railroad. He was met at the depot by a large concourse of people with a brass band. As he alighted from the train the band played "Behold the Conquering Hero Comes." The throng crowded the platform and filled the streets around. It was the spontaneous welcome of a people who loved and admired the man recently so highly honored. When he went to the governorship he virtually quit the practice and did not again resume it.
J. W. D. L. F. Mack was clerk of the circuit court in 1859 and repre- sented the Springfield district in the state senate from 1863 to 1866, and for
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a short time was adjutant of the Forty-sixth Missouri Infantry. From 1867 to 1870 he was county attorney of Greene county. He retired from practice in 1875 and devoted the remainder of his life to farming. R. A. C. Mack was clerk of the circuit court one term and was noted for the slow pace of his pen in writing which resembled that of a tortoise climbing a hill. Yet he was exact. John A. Mack was probate judge for a term and retired from practice at the expiration of his time. J. H. McBride was a brave and gallant soldier in the Confederate army. D. C. Dade was of a philosophical turn of mind, an entertaining speaker, full of apt illustrations and anecdotes and represented Greene county in the Legislature when the greenback simoom swept this section. Sample Orr was a man of big brain and strong person- ality-a born leader of men. J. M. Richardson one time held the office of secretary of state. He was then a Benton Democrat. In 1860 he was candidate in this district for elector on the Lincoln and Hamlin ticket. After the war was over he returned to his first love and was an ardent Democrat till he died. Geary, of the firm of Boak and Geary, became the judge who presided during the trial in Chicago of what is known as the Haymarket cases.
Formerly there were circuit attorneys whose sphere of official duty was coextensive with. that of the circuit judge. Thomas J. Gevins was the first of these for this judicial circuit. Benjamin F. Robinson succeeded him. The third circuit attorney was E. B. Boone. He was followed by H. J. Lindenbower, who was followed by J. A. Mack, and he by G. W. Randolph. R. W. Fyan then came by appointment of Governor Fletcher to be circuit attorney. He was succeeded by W. F. Geiger, who was followed by J. M. Patterson the last of the circuit attorneys. Mr. Patterson was a strong man before a jury and as a criminal lawyer has never had a superior at this bar. As an expert in the cross-examination of a witness he elicited the admiration of his brother lawyers. By intuition he seemed to know what answer the witness would make to his question and he seldom asked one that did not bring the desired result. No one could know J. M. Patterson without lov- ing him. Through his veins the milk of human kindness flowed abundantly. He was generous to a fault. He gave to every one that asked of him and from him that would borrow he turned not away. At the expiration of his term the system of prosecuting attorneys went into operation. Joseph T. Rice was the first one being elected in 1872. He served one term, then abandoned the practice and became a commercial traveler. After him came James R. Waddill who was elected in 1874. Mr. Waddill was one of the most efficient and effective prosecuting attorneys the county has ever had. He was a power in argument before a jury. He was city attorney of Spring- field, represented this district in Congress and was commissioner of insur- ance during the administration of Governor Stone. He was succeeded as
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prosecuting attorney by W. D. Hubbard, who was elected in 1876 and he- was followed by O. 11. Travers, who was elected in 1878. Mr. Travers was born in Baltimore, Maryland, April 3, 1846 and was educated by private tutors and at St. Mary's Academy. He located in Springfield, April 1, 1867. He studied law in the office of McAfee and Phelps and was admitted to the bar in 1869. He has remained in the practice here ever since.
Col. S. Il. Boyd followed Mr. Travers, being elected in 1880. Hle served one term and was followed by P. T. Simmons who was elected in 1882 and served till the summer of 1883 when he died. Mr. Simmons was a man of fine promise. His moral character stood high above even the breath of suspicion, and as a lawyer he was rapidly establishing himself in the confidence of the people and in the admiration of his brother members of the bar when death cut him down. He walked the straight and narrow way of the true Christian man. His foot never trod within a brothel, nor did his eye ever behold the inside of a saloon. The legacy of an honorable name which he bequeathed his wife and children is more precious to them than all the sordid wealth of questionable accumulation.
A NOTED CRIMINAL LAWYER.
T. J. Delaney was appointed by Governor Crittenden in September, 1883. to fill out the unexpired term of Mr. Simmons. He was born May 10, 1859 in New Orleans, Louisiana, and was graduated there from St. Mary's Academy, in 1880, and also from the law department of Washington Uni- versity where he took the Bachelor of Law degree. He soon afterwards came to Springfield and engaged in the practice of his profession. To enable himself to complete his law studies he worked as fireman on an engine of the Frisco railroad. He married Cordie Boyd, daughter of Col. S. H. Boyd. Of his union with her there is now living one son, James B. Delaney, a young man of ability. T. J. Delaney was elected city attorney of Springfield in 1882. As prosecuting attorney Mr. Delaney performed the duties of his office, as he performs every duty imposed upon him, faithfully and well. As a practitioner of the law he has from his very beginning stood in the front rank of his profession. He is resourceful to an exalted degree. When his opponent thinks he has him beaten, quicker than a lightning's flash he will change his tactics and appear more formidable than before. The lawyer against him is ever wondering what he is going to do next and how he is going to do it. He knows the law. He found it in musty tomes under the flicker of midnight lamps. He is safe in counsel and as true to a client as the needle is true to the pole. In argument before a court he is logical and concise. Before a jury he plays on human nature's chords and the music of his speeches also was burnished with choice diction and vivified by classic
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thought awakens responsive echoes in their bosoms. He is a genial, jovial gentleman and in an assemblage of friends he is always the central and en- livening figure. In conjunction with his partner, S. H. Boyd and O. H. Travers, he defended the Bald Knobbers in the circuit court of Christian county. The defendants, and there was a score of them, to pay their lawyers deeded to them their farms. On trial of their cases they were convicted. Delaney, Boyd and Travers deeded to their wives all the lands that had been deeded to them and never received a dollar for their services. Mr. Delaney spent a large sum of his own money in getting the cases of four of them who had been convicted of murder in the first degree before the supreme court. The supreme court affirmed the judgment of the trial court and the writer says the judgment was rightfully affirmed notwithstanding the dissenting opinion of Judge Sherwood which years after the supreme court decided was the law.
Mr. Delaney was followed in the office of prosecuting attorney by J. A. Patterson who was elected in 1884 and again in 1886. Prior to his coming to Springfield Mr. Patterson had been superintendent of public schools of Webster county and before he became prosecuting attorney he was elected and served one term as city attorney of Springfield. Mr. Patterson is a man of deep convictions, and a stickler for his friends. He loves the right ; he abhors the wrong. His example in life has been one of rightful conduct. By his straightforward manner in his professional life he has won for him- self the sobriquet of "honest John": and his speeches as prosecuting attorney always convinced the jury that he was conscientious in asking the conviction of the defendant. During his period of prosecuting attorney he was re- quired to participate in the trial of a murder case that caused more interest and excitement than any case ever tried in Greene county. The citizenship of the county was thoroughly and wildly aroused. The case was the State of Missouri vs. Cora Lee, charged with the murder of Sarah E. Graham, whose mutilated body was found in a cavern some miles southwest of Spring- field. In the conduct of this case Mr. Patterson displayed marked ability. The evidence was wholly circumstantial, but the circumstances he wove to- gether with a dexterous hand and in his closing argument to the jury threw them around the defendant so closely that apparently there was no escape. The chain of circumstances however, was not without its weak places. and the jury returned a verdict of not guilty. Mr. Patterson has surpassed every other member the bar has ever had or probably ever will have in that he has brought to it three sons. Orin, Roscoe and Otis, all robust in mind and body, fine lawyers, clothed with the respect and ingratiated into the confidence of the community. Mr. Patterson was followed by J. J. Gideon who served two years and was succeeded by H. E. Havens. For a long time Mr. Havens was the leader of his party in this section of the country. He represented
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this district several terms in Congress, where he was a conspicuous member and his ability was recognized in the legislative assembly of the Union. He is somewhat austere to the ordinary man but to those who break the ice and get close to him he is a warm hearted individual. He always gave freely of what he had to the one in need, and is sociable, entertaining and instructive in his conversation. He is more of a politician than a lawyer. In fact, he never made much effort to practice law being rather averse to its drudgery, yet he filled the prosecuting attorney's office with commendable skill.
J. H. Duncan came to this office after Mr. Havens. He filled the office with honor and faithfulness. He proved a master workman in manipulating the facts in the case he was trying, arranging them in forceful way before a jury and always fair in their presentation. He was admitted to the bar in 1876 and in 1878, also in 1879 he was elected recorder of the city of Spring- field, and was four years justice of the peace of Campbell township. As a party manager lie displayed transcendant acumen. For years he upheld his party in Greene county by the word of his power and carried it to success through hard fought campaigns. To his efforts and magnificent general- ship may be ascribed the fact that Greene county is politically Republican. He is a clever gentleman withal and notwithstanding his strong party feel- ing he is devoid of partizan bitterness.
Mr. Duncan was followed in office by A. H. Wear, a man who illumined the position with the light of a brilliant mind, and discharged its functions with unswerving fidelity. One charged with an offense of whose guilt he was not reasonably satisfied he would not prosecute but the one whose guilt was established in his conviction he prosecuted with relentless determination. Consequently, there were comparatively few acquittals in the cases tried dur- ing his incumbency. His speeches before a jury were logical, persuasive and convincing, illustrated the while with anecdote apt and telling. He was a fascinating speaker and possessed that peculiar faculty that enabled him to pick a jury up and carry it whithersoever he would-sometimes beside a smoothly flowing stream along whose banks flowers bloomed and where the fragrance of summer's breath filled the air, and then again along the clouded mountain tops where the angry elements fought and rattled the thunders of their wrath. He had a magnetic disposition and drew all men to him. His friends were legion and to them his heart and pocket book were always open. He was touched with human infirmities and gave liberally of his substance to those in need. He was succeeded in office by A. B. Lovan who was elected in 1898 and again in 1900, holding the position two terms. Mr. Lovan was born March 24, 1865, at Buffalo, Missouri, where his education began and which was completed at Bolivar and the State University at Columbia. He was admitted to the bar at Buffalo in 1880 and soon thereafter came to Springfield and entered the practice and served as city attorney in 1894 and
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1895. In the office of prosecuting attorney he performed his duties with fidelity and was then as he has always been, a strong advocate of the law's enforcement. He discountenances any attempt at its evasion. During his first campaign the "slot machine" was holding high carnival in Springfield. The burning question was, Is the "slot machine" a gambling device? On this question even legal minds held conflicting opinions. Lovan maintained the affirmative and on that position made the race. After his election he proceeded against them, having a number of them destroyed and their operators arrested. About then it was determined by the supreme court in some case from another circuit that it was a gambling device, and the "slot machine" went out of business in Springfield.
In 1902, Roscoe Patterson was elected to succeed Mr. Lovan and held the office two terms. He is one of the youngest as well as one of the brightest members of the bar ever elected to this position. He was born in Springfield, September 15, 1876, attended the public schools and Drury Col- lege here and was graduated from Washington University in 1897 and wears the degree of Bachelor of Law. He was a vigorous prosecutor. Before a jury he marshaled his facts in a masterly way and pressed them home with all the strength and discipline of a well trained mind. His speeches are in- cisive and convincing and in delivery he possesses many of the graces of the true orator. During his administration several of those supposed to be implicated in the lynching of some negroes on the public square were indicted; one of them was tried; the jury failed to agree; and after his term of office expired the cases went off the docket. Looking back over the records of all the prosecuting attorneys Greene county has yet had, it would be hard to say there has been a more thorough and efficient one than Roscoe Pat- terson.
W. R. Self succeeded Mr. Patterson. Before his accession to the office Mr. Self had been city attorney of Springfield and representative of Greene county in the Legislature. Prior to his advent to Greene he represented Dallas county in the Legislature. He is a man of winning personality and has a peculiar way of drawing about him men of influence and of means. He is not inapt in applying financial methods to the affairs of life whereby he finds his earthly possessions are augmented by daily gain. He is dis- tinctively a church man, and the reflection that he is a member of the official board of the South Street Christian church and the superintendent of its Sunday school, brings him more genuine pleasure than all the honor given him by his fellow citizens in placing him in positions of honor and trust. Faithfully and well he performed his official duties and the pronouncement of his fellows regarding all his public acts is, "Well done thou good and faithful servant."
After Mr. Self came J. C. West. He had formerly been prosecuting
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attorney of Christian county. He is one of the most companionable and friendly gentlemen that a person meets in a life time. He will never be as rich in worldly wealth as a Morgan, a Carnegie or a Rockefeller. There is too much of genuine human kindness in him for that. The needy mendi- cant. the destitute widow, the homeless orphan, the wanderer on life's high- way never escape his kindly eye, nor ever appeal to him in vain; and he is ever ready and willing to share his last dollar with a friend in need. He conscientiously and honestly performed the functions of his office and is now enjoying a paying practice which is his merited meed.
After Mr. West. J. 11. Mason came to the office of prosecuting attorney. He was elected in 1910, and assumed the duties of the office immediately following the expiration of his term as city attorney of Springfield. In 1012 his party honored him with a distinction never before held by a mem- ber of the bar here-the nomination for attorney general of the state. As a prosecutor he was energetic and sought always to ascertain as the bottom fact whether the defendant was innocent or guilty. To the guilty one he showed no mercy and in his prosecution he asked no quarter. .
Sam M. Wear, who is at present holding his second term, succeeded Mr. Mason. Mr. Wear brings to his office a mind of classic education and an ambition fired with all the enthusiasm and expectancy of aspiring youth. He is well prepared in every case he tries and in his speeches are often seen unmistakable traces of the genius which his father, .A. H. Wear, transmitted to him. He sometimes regales the jury with the pyrotechnics of oratory, and aron he elucidates his case with apt illustration and logical demonstra- tion. He is a likeable fellow and among his many friends may be reckoned every member of the Springfieldl bar.
SIX CONGRESSMEN. 4
Six members of the Springfield bar have served in Congress, namely : John S. Phelps, S. H. Boyd, H. E. Havens. J. R. Waddill. J. P. Tracey and C. W. Hamlin. All of these have heretofore been spoken of except J. P. Tracey and C. W. Hamlin. Years ago Mr. Tracey came here from Cedar county and became editor of the Springfield Patriot, of which the Spring- field Republican is the successor. He was a clear and forceful writer. The practice of law was a secondary matter with him. Politics was his delight, and he was an intense partizan. He served one term in Congress and then resumed his work as editor.
Courtney W. Hamlin is now serving his sixth term, a longer period than any of the others served except John S. Phelps. He has always in Congress supported by voice and vote the policies of his party and has constantly grown in the esteem of his constituents. He is an accomplished politician,
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and though strenuous efforts have been made from time to time to defeat him for the nomination he has always distanced every opponent he ever had. He was defeated in the election in 1904, but the securing of the nomination in every campaign during sixteen consecutive years is no mean tribute of respect and is an honor of which Mr. Hamlin is justly proud.
W. C. Price, heretofore mentioned, was the first lawyer to be state senator from this district; John S Waddill was the next one, J. W. D. L. F. Mack was the third one, and he was a thoroughly honest man. He was a gen- tleman, "one of the olden school," and of him it may be said, "His word was as good as his bond." J. M. Patterson was the fourth. F. M. McDavid was the fifth. During his service he made a state wide reputation as an able and fearless legislator, entirely free from the influence of cliques and pro- fessional lobbyists and a careful guardian of the public interests. He has a striking and distinguished personality, and wherever he may be he has about him friends who rely implicitly in him. He was born December II, 1863, in Montgomery, Illinois, and was educated in the common schools and at the high schools in Hillsboro. He came to Springfield in September, 1889, and was admitted to the bar in October, 1889. He was elected to the senate in 1902 and again in 1906. He was president pro tem of the senate in 1907 and chairman of the revision committee in 1909. He formed a partnership with E. A. Barbour in 1895. This partnership represents among other clients the Missouri Pacific Railway Company. Mr. McDavid has won for himself high standing as a lawyer, a citizen and a Christian gentleman.
Kirk Hawkins was the sixth and the only native Missourian that is a lawyer who ever represented this district in the senate. He was born at Ash Grove, Greene county, July 19, 1880. After attending school at Ash Grove and Drury College he was graduated from the law department of Michigan University in 1902 with the degree of Bachelor of Law. The same year he was admitted to the bar and afterwards formed a partnership with C. W. Hamlin which continued till 1909 since which time he has been in the prac- tice of the law by himself. At the age of twenty-eight he was elected representative from Greene county to the Legislature and two years there- after was elected from this district to the senate. During his legislative career he impressed himself upon the legislation of the state. In the lower house he was instrumental in obtaining the passage of the bill establishing the Springfield court of appeals, the bill establishing the second division of the circuit court of Greene county, and was member of the committee on the revision of laws, which committee produced our present revised statute. In the senate he was the youngest member and was the author of our good roads law, as well as the law, to protect fruit growers and shippers against commission merchants. He is also, author of the present state depository
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law, which saves to the state on an average of about fifty thousand dollars a year. Mr. Hawkins ingratiated himself into the favor of the people not only of this senatorial district but throughout the state as well, by the ability he displayed while a member of the general assembly of the state.
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