USA > Missouri > Clinton County > The History of Clinton County, Missouri : containing a history of the County, its cities, towns, etc., biographical sketches of its citizens, Clinton County in the late war, general and local statistics, portraits of early settlers and prominent men etc > Part 48
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To shield and bless the sons of men ; For heaven born truth by right prevails And baffles every crafty scheme, When Justice holds the impartial scales And Mercy's tears bedew the beam.
HION. AUSTIN A. KING.
was born in East Tennessee, about the beginning of the present century, and moved to Missouri in 1828, and located in Columbia, Boone County. There he commenced the practice of law, and soon took high rank among the members of the legal profession. He was elected representive in the legislature of the state about 1836, serving one term. He was a prominent leader of the Democracy while there, and was at the close of his term, appointed by the governor of the state, Judge of the Fifth Judicial Circuit. In the spring of 1837, he moved to Ray County, Mis- souri, and located on a farm one mile and a half southeast of Richmond, where he continued to reside until the date of his death. He held the office of Judge of the Fifth Judicial Circuit from the time of his appoint- ment until the year 1848. During the period of his judgeship, all the lawyers of his court traveled with him, horseback around his circuit. He possessed a strong, vigorous intellect, was well read in the elementary principles of the law, and was familiar with the leading adjudged cases of that period. He was industrious and indefatigable, and had a strong love of justice and right.
As a judge, he enjoyed the confidence and esteem of not only the bar, but the people of his circuit. His ardent nature, however, was better suited for the political arena than the bench. Accordingly, in 1848, he became the Democratic nominee for the gubernatorial chair of the state, and was elected by a larger majority than any other man had
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HISTORY OF CLINTON COUNTY.
ever received for the same office. In the canvass he discussed the then pending political issues with marked ability. His administration as Governor, although it covered a peculiarly stormy period politically, was nevertheless eminently successful and satisfactory.
At the close of his term as governor, he resumed the practice of law in his old circuit, doing a large and lucrative business. He was a logical speaker and a clear reasoner, and rarely failed to convince either court or jury of the correctness of his views and the rightful claims of his case, whether civil or criminal. In 1864 he was elected a representative in Congress from Missouri, serving one term. While in Congress he took an active part in his support and advocacy of the Union cause, as well as all other measures pertaining to the welfare of the nation. On returning home from Congress, he resumed the practice of law, and continued his professional labors unremittingly until his death, which occurred in 1870. He was during all his long life an uncompromising Democrat, and was emphatically a positive, affirmative man. He had warm friends and some bitter enemies, but all alike conceded his integrity, his fairness, and his great ability. He had, "Charity for all, and malice towards none," and now all unite in doing honor to his memory.
Upon the death of Judge King, the members of the Plattsburg Bar, met and passed (April 28, 1870) the following resolutions:
WHEREAS, The members of the bar of the Fifth and Twelfth Judicial Circuits assembled in Plattsburg have received the mournful intelligence that the venerable and illustrious brother, the Hon. Austin A. King, departed this life in the city of St. Louis on the 22d instant, after a brief illness, therefore, with heartfelt grief, it is
Resolved, That the death of ex-Governor Austin A. King is an irreparable loss to the state, the bench and the bar, and fills the hearts of his numerous friends and associates with the most profound sympa- thy and sorrow.
Resolved, That in every relation of life, whether official and public, or personal and private, either as the chief executive of this great com- monwealth,-on the bench, at the bar, or as a representative in the state and national legislatures, Gov. King was earnest, sincere and faithful, and zealously employed his great abilities and wonderful energy in the maintenance of his conscientious convictions of duty and right.
Resolved, That a venerated and illustrious citizen has fallen, an able lawyer and profound jurist has retired from all earthly courts, a dis- tinguished statesman has terminated an honorable career in his country's service, and a practical Christian gone to test the reality of a living faith in the great Redeemer, and we, his professional brethren, with affection- ate veneration for his memory, tender to his stricken family our unfeigned sympathy and condolence.
Resolved, That the foregoing resolutions be presented to the Hon- arable, the Circuit Court of the Fifth Circuit, now in session, with a request that the same be entered upon the record thereof ; and that a copy, attested by the chairman and secretary of this meeting, be trans- mitted to the family of the deceased.
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HISTORY OF CLINTON COUNTY.
Resolved, That the Hon. James H. Birch, an illustrious compeer and friend of the late Governor King be, and he is hereby, fraternally requested to present these resolutions to the court, in pursuance of the fourth resolution.
Ordered by the court, that the court do now adjourn until to-morrow morning at 9 o'clock.
BENJAMIN F. LOAN.
I first knew the late General Loan in Platte County. He was born in Hardensburg, Breckenridge County, Kentucky, in 1819. He remained at the old home in Kentucky until 1838, when he came to Missouri and settled in Platte County. He commenced reading law in Platte City with Isaac N. Jones, in 1842. After two years spent in close study, he obtained a license and located in Buchanan County. He was an active. industrious, painstaking and conscientious attorney. He was a deep thinker and a ripe scholar in legal and political lore, and possessed great personal honor and integrity, and was admired, by not only his- brother attorneys, but no one spoke of him but to praise.
When the late civil war broke out he took an active part in military affairs, and was appointed brigadier general. In 1862 he was elected to a seat in the Thirty-eight Congress, and served as a member of the Com- mittes on Pacific Railroads, and Freedmen, and Debts of Loyal States, and other committees. During the Fortieth Congress he was chairman: of the Committee on Revolutionary Pensions, and on that of Freedmen's affairs. In 1869, he was appointed visitor to West Point. He was the Republican candidate for congress in 1876, and was defeated by Hon. David Rea. These in brief are the salient points of one of the most popular and one of the ablest and best known lawyers in the "Platte Purchase."
General Loan died at his home in St. Joseph on the 30th day of March, 1881, at the age of sixty-two years. The St. Joseph bar held a meeting on the occasion of his death, the proceedings of which we here: give :
"The adjourned meeting of the Bar Association of St. Joseph was: held in the circuit court room yesterday afternoon at half-past four .. General Craig, as chairman, called the meeting to order, and requested the chairman of the committee appointed to wait upon the family of General Loan to ascertain their desire as to the funeral arrangements, to report. Mr. Allen H. Vories then informed the meeting that General Loan's family had expressed their wish that the bar should take charge of the funeral, which was to take place at two o'clock this afternoon. Mr. Vories suggested that the bar should not monopolize the funeral arrangements, but should invite a number of citizens to assist in the obsequies.
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HISTORY OF CLINTON COUNTY.
It was moved and seconded that six members of the bar be appointed pall bearers, with authority to select four citizens to act with them in the same capacity.
Messrs. Vories and Vineyard were appointed by the chair to select the legal pall bearers, and made choice of the following gentlemen : Governor Woodson, General Craig, Judge Tutt, Governor Hall, John D. Strong, and A. H. Vories.
The committee on resolutions was then called upon to report and did so through Mr. Benj. R. Vineyard, as follows :
WHEREAS, We have learned with profound sorrow of the death of our friend and professional brother, Hon. B. F. Loan ; and
WHEREAS, We deem it fitting that the living should suitably com- memorate the virtues of the dead, therefore
Resolved, That we, the members of the bar of St. Joseph, bear wit- ness that through the crucial test of a long and active practice in a pro- fession which, more than any other, tries and makes known to his fellows the real character of a man, Benjamin F. Loan has passed, without an imputation of the slightest neglect of a client's interest or of the courte- sies and fair dealings due to an opponent ; that his life is a noble illus- tration of the truth that untiring industry and unswerving honesty are the essential elements of real success in our own, no less than in the other avocations of life ; and we direct the attention of every young man who would gain an enviable distinction in the legal profession to the course and career of the deceased as worthy of the highest emula- tion.
Resolved, That our departed brother was true to the interests com- mitted to him in all the relations of life ; that he was a faithful public servant, a steadfast friend, a devoted husband, an estimable citizen and an honest man.
Resolved, That as a mark of respect to the memory of the deceased, we request the judge to adjourn the circuit court of this county, now in session, during the day of the funeral, and that the members of this bar attend the funeral in a body.
Resolved, That the secretary of this meeting furnish a copy of these resolutions to the press of the city for publication, also a copy thereof to the family of the deceased, and also a copy thereof to Alex. D. Vories, by him to be presented to the judge of the Buchanan Circuit Court, with a request that they may, with other proceedings of this meeting, be spread in full upon the records of said court.
B. R. VINEYARD, JOHN S. CROSBY, W. H. SHERMAN, H. M. RAMEY, JAMES CRAIG, M. R. SINGLETON, W. P. HALL, JR., .
Committee.
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HISTORY OF CLINTON COUNTY.
RESOLUTIONS OF THE MERCHANTS' BANK DIRECTORS.
At a meeting of the directors of the Merchants' Bank, with which General Loan had long been identified, held yesterday, the following resolutions were adopted :
WHEREAS, It has pleased Almighty God, in His divine providence, to remove from our midst our valued friend and associate, the Hon. Ben- jamin F. Loan, therefore be it
Resolved, By the Board of Directors of the Merchants' Bank, that in the death of the Hon. Benjamin F. Loan, this board has lost a member whose counsels were of the utmost value to the interests of the institu- tion, and that we, individually, have lost a friend and associate whose death is deeply and sincerely deplored ; and be it further
Resolved, That we sympathize most sincerely with the family and relatives of our deceased friend in this hour of their sad bereavement ; and be it further
Resolved, That these resolutions be spread at length upon the minutes of the board, and that a copy signed by the president be sent to the family of our deceased friend.
ST. JOSEPH, Mo., March 31, 1881.
After reading the resolutions Mr. Vineyard said that it seemed strange to him to stand among his professional brethren and miss the form of General Loan. Only two days ago he was engaged in the active duties of his profession, and now he was no longer among us. Not very long ago General Loan had said to him that he would go soon and go suddenly, and his foreboding had proved true. He had known the deceased since 1866, and had enjoyed his disinterested friendship. Of his military and congressional record, he would let others speak, but as a lawyer he had found him frank, upright and sincere. General Loan never made a promise to a brother lawyer that he did not faithfully keep. His zeal for his clients was unbounded, while he was ever an indefatiga- ble worker. To pronounce this eulogy was a sad task, not because the subject did not deserve it, but because he was no more.
The chairman here suggested that the youngest member of the bar be selected to present the resolutions to the Circuit Court. The sugges- tion was adopted.
Mr. R. T. Davis then addressed the meeting and recalled his last conversation with General Loan. It was the opinion of the deceased that young lawyers should stick to their practice and avoid politics. He had such a high appreciation of the bar of St. Joseph that he told the speaker that nothing could induce him to reside away from this city. Free passes to Chicago and New York, a large income and nothing to do would have no temptation to him, compared with the society of his friends, if he had to give up the latter to enjoy the former.
Mr. Allen Vories next addressed the meeting: General Loan's death had not been altogether unexpected by him, but by that death he
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HISTORY OF CLINTON COUNTY.
had lost his most confidential friend and he could not reconcile himself to his loss. For thirty years a close friendship had existed between himself and the deceased. If ever there was an honest man General Loan was that man. Ever faithful to his clients he was the soul of honor in his dealings with all men. Among the members of this bar he had not one enemy. Outside of his professional career he had no enjoyments, and was so attached to the members of the St. Joseph bar that he had determined to spend all his days among them. Of his proficiency as a lawyer it was not necessary to speak. The harder the case the better lawyer General Loan proved himself to be. His courtesy to other attorneys was remarkable. "By his death," concluded Mr. Vories, " I have lost my best friend."
Mr. Thomas had known General Loan for eleven years, and had frequently, as a young man, applied to him for advice, and had always found him gracious and courteous. Whether opposed to him or associ- ated with him, he always exhibited a courtesy which was extended to all the attorneys with whom he came in contact. His loss will be greatly felt. Mr. Thomas endorsed the sentiments of the resolutions.
Mr. H. K. White said that General Loan had attained the high degree of philosophy which enabled him to endure differences of opinion without giving up personal regard. In his adherence to the ideas of the past upon legal matters, General Loan had many sharp conflicts with the rising generation, but from these antagonisms an unkind personal feeling had never once been developed.
Mr. John S. Crosby, as a younger member of the bar, paid an earnest tribute to the friendliness toward young members of his profession, which characterized General Loan. He also referred to the strong domestic affections of the deceased, which he had had occasion to witness. Carry- ing with him a heavy and constant burden of disease and suffering which would have made most men morose, he was always cheerful and good natured.
Mr. P. V. Wise said that he had so long associated with General Loan that he did not consider it inappropriate on his part to make a few remarks. The deceased was a man who took for his motto " deeds not words." He acted justly from a principle of right and not from the hope of future reward. He was satisfied to practice the golden rule. Not- withstanding the industrious habits of the deceased he enjoyed philo- sophical contemplation, and believed that the best of all lives was to so live here that when the great change came there would be nothing to repent of. He fulfilled William Cullen Bryant's noble lines:
"So live that when thy summons come to join The innumerable caravan which moves
To that mysterious realm where each shall take His chunber in the silent halls of death,
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HISTORY OF CLINTON COUNTY.
Thou go not, like the quarry slave at night, Scourged to his dungeon, but sustained and soothed By an unfaltering trust, approach thy grave, Like one who wraps the drapery of his couch About him, and lies down to pleasant dreams."
The chairman then said that he first knew General Loan thirty-five years ago, when he was struggling to earn his first town lot. In those days he had traveled the circuit with him, had observed his course dur- ing the war, and had known him intimately as a Congressman, and he had always found him honest. During the days of political corruption that followed the war, no man had ever dared to say that General Loan had taken a dollar that was not his own. His home life was full of ten- der affection, one long honeymoon. It has been said that he was not without a presentiment of his approaching end, and on Tuesday called at the bank and transferred some bonds, from his own name to that of his wife. In all the relations of life, he, General Craig, had never known a better man than Benjamin F. Loan.
Mr. J. F. Pitt said he was with the deceased in his last labors, and gave some details of his sudden illness.
Mr. Mossman paid a brief tribute to the worth of General Loan, and the meeting adjourned to meet at the funeral to-day at 2 o'clock.
OTHER ATTORNEYS.
We have given short biographical sketches of only those members of the bar, who came to Plattsburg or practiced before the Plattsburg bar at an early day. In addition, will be found below a short and incom- plete list of names of other attorneys. There have been many itiner- ant lawyers and journeymen counsellors, many of whom are doubtless still living, and known to the reader, and others are dead, or have moved- elsewhere, that have practiced in the Clinton County courts. We should be glad to speak of all, but our limited space precludes us from doing more than merely chronicling their names :
Thomas E. Turney,
Wash. Adams, John Doniphan,
S. C. Woodson, Stephen C. Woodson.
Charles Ingles,
James M. Riley,
Mordacai Oliver,
John A. Pitt,
James H. Birch, Jr.,
Richard R. Rees,
John G. Woods,
Winslow Turner,
James Strong,
Joseph Black,
Charles A. Wright,
John Strong, James W. Denver,
Morgan Turner, Dwight Parsons,
John E. Goldsworthy, Freeman,
Stephen Brown,
Thomas H. B. Turner.
J. M. Lowe,
M. A. Lowe,
B. F. Craig,
Charles Mansur,
E. W. Turner, J. F. Harwood,
Thomas J. Porter, Roland Hughes, A. G. Craig,
John Cross,
Thomas McCarty,
S. H. Corn,
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HISTORY OF CLINTON COUNTY.
E. C. Hall,
Samuel Hardwick,
William Henry,
Thomas W. Walker,
William H. Woodson, William Burriss,
E. J. Smith,
Clem. Porterfield,
B. J. Castile,
C. T. Garner, John M. McMichael,
Henry Smith,
A. J. Althouse,
James E. Lincoln,
Zachary Provolt,
T. D. W. Yonley, Charles C. Birch,
R. S. Musser, Henry Gwinner,
Thatcher B. Dunn,
D. M. Birch, James L. Farris, - Estep,
James H. Moss,
Henry Hughes,
Abraham Shaver, Pennell,
Benjamin R. Vineyard, B. F. Stringfellow,
Thomas G. Barton,
H. M. Ramey,
Joseph E. Merryman,
WV. L. Birney,
Upton M. Young,
Jeff. Chandler,
D. C. Allen,
S. A. Young,
E. H. Norton,
Henry L. Routt.
- Jenkins,
R. P. C. Wilson,
BENCH AND BAR OF CAMERON.
The first attorney to locate on the site of the present town of Cam- eron, was the late Colonel M. F. Tiernan, one of the earliest settlers of the place.
In 1858, Charles C. Bassett, Esq., located in the practice of the law there, and remained till 1862, when he entered the Sixth Missouri State Cavalry, of which Major B. was quartermaster. Captain Bassett was afterwards the founder of the prosperous town of Rich Hill, in Bates County, and is now (1881) a resident of Kansas City, and a representa- tive lawyer of that section.
In 1866, William Henry, afterwards Judge of the Cameron Court of Common Pleas, opened in partnership with T. Criss, Esq., since deceased, an office in Cameron. He is still a leading attorney of that town.
O. P. Newberry afterwards located there in the practice of law, and, subsequently, moved away.
In June 1867, J. F. Harwood moved from Illinois and settled in Cam- eron, where, with the interval of a few months residence in Kansas City, he has since continued uninterruptedly to remain, in the enjoyment of an excellent practice.
Robert Caldwell, now a resident of the State of Iowa, located in the same year in the practice of law in Cameron.
S. H. Corn, Esq., came from Ohio, and in 1869, located in Cameron, where he still resides, in the practice of his profession. About the same period William V. McCandless (afterwards a partner of the present Judge Henry, above referred to), but since deceased, came to Cameron as a practicing attorney.
Colonel F. M. Tiernan was at one time a law partner of S. H. Corn.
In 1869, Newton Chalker, now (1881) a resident of Ohio, settled as a legal practitioner in Cameron.
Horatio Simrall,
M. F. Tiernan,
S. H. C. Langworthy,
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HISTORY OF CLINTON COUNTY.
In 1876, E. J. Smith, at one time publisher of the Cameron Observer, opened a law office in the city of Cameron, and has since devoted his attention to the practice of that profession.
Hiram Smith, another attorney, located in Cameron in 1873.
Judge Thomas Turney, formerly of the Common Pleas Bench, set- tled in Cameron in 1872, where he still resides.
Judge A. W. Seaton, one of his successors in the same office, located in the town in 1869.
A. J. Althouse, an attorney from Turney Station, in this county, also located there in 1880.
These constitute the roll of attorneys that have been identified with the population of Cameron from the founding of the town to the present period.
In view of the increasing demands of legal business in this part of the county, the Court of Common Pleas of Cameron was established by an act of the legislature, passed March 28, 1861. This act provided that " a court of record, to be called the Cameron Court of Common Pleas, is hereby established, to extend its jurisdiction over the territory included within the township of Shoal in Clinton County, which shall possess all the powers, perform all the duties, and be subjected to the restrictions of a court of record according to the laws of this state."
Section 2 provided that this court have concurrent original juris- diction within said township as follows :
1. Concurrent original jurisdiction with the circuit courts of Clin- ton County in all civil actions, except in actions whereby the title to any real estate may be affected or impaired ; provided, however, that nothin herein expressed shall prevent real estate from being sold under executions issued from said Court of Common Pleas, and the sale thereof from being a valid sale.
2. Concurrent original jurisdiction with justices of the peace in all civil cases not exclusively cognizable before a justice of the peace, a concurrent superintendent control with the circuit court of the county aforesaid over justices of the peace, and a concurrent jurisdiction with such circuit court over appeals from the judgments of justices of the peace within said township.
Section 8 provided that the Judge of the Cameron Court of Com- mon Pleas hold his office for four years, and until his successor is elected and qualified.
Section 13 provided for the holding of four terms of this court dur- ing the year, at some place in the town of Cameron, in each year, com- mencing on the third Mondays of January, April, July and October, and he (the judge), may appoint and hold adjourned terms and special terms of said court in the same manner as is or may be provided by law in regard to circuit courts.
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HISTORY OF CLINTON COUNTY.
Section 14 provided for the election of a marshal by the qualified voters of Shoal Township, on the first Monday in May, 1861, and every two years thereafter, and prescribed the mode, which was similar to that provided in the act for the election and commissioning of the judge of said court of common pleas. The act incorporating this court was passed at the suggestion of Major A. T. Baubie (one of the founders of the city of Cameron, and first settler in the town), who had long previ- ously advocated the necessity of its establishment. Major Baubie was the first judge of this court, having been elected in the fall of 1861. He served till 1862, when he joined the Federal army. During the period of the civil war there were no sessions of this court held.
In 1866, the Cameron Court of Common Pleas was virtually defunct. On a petition then signed by William Henry, Major Baubie and others, the court was revived, and at the suggestion of the latter named gentle- man, Thomas E. Turney, Esq., was appointed to the bench, and Henry C. Culver marshal. These appointments took effect in 1867. In 1869, Judge Turney resigned, and A. S. Seaton was appointed his successor. Judge Seaton continued to discharge the duties of the office till January, 1871, when he resigned. William Henry was immediately appointed his successor, and held the office till after the close of the July term fol- lowing, when his resignation was accepted. A. W. Frederick, Esq., for- merly of the State of Ohio, became by appointment his successor, and continued on the bench till the office was abolished by act of the legis- lature, in the spring of 1873. This act was passed in obedience to a petition circulated for that purpose. During the administration of Judge Turney, Taylor Criss was clerk of the court up to the period of his death, when he was succeeded by Jesse S. Hake. During the administration of Judge Seaton he was his own clerk, discharging the duties of both offices by virtue of a provision in the organic act rendering such modus ope- randi admissable. During Judge Henry's term S. A. Powers was clerk of the court. Judge Frederick acted as his own clerk.
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