USA > Missouri > Boone County > The bench and bar of Boone County, Missouri; including the history of judges, lawyers, and courts, and an account of noted cases, slavery litigation, lawyers in war times, public addresses, political notes, etc > Part 14
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Col. More was a most courteous man, always had time to stop and speak to every one, and invariably had a kind word or a word of encouragement. Chris Mahoney was a small boy attending the Colum- bia public school about 1878, and his teacher asked the class the mean- ing of the word "gentleman". Chris replied, "I cannot give the defini- tion, but I can tell who one is ; it is Col. More." Hearing of this, Col. More presented the youngster with a suit of clothes.
CHAPTER VII THE LAWYERS-CONTINUED
WM. H. KENNON
Wm. H. Kennon, who was raised in the Potts-Glenn neighborhood out northeast of Columbia, practiced in Boone county for many years after he moved to Mexico. Mr. Kennon is responsible for the follow- ing, which he said Judge Persinger told him about a Missouri legislator, and a visiting lawyer, both of which stories Mr. Kennon told in his talk at the old settler's reunion of 1907 in Boone county.
I saw Judge Persinger often, as he lived a neighbor to my father and me. He said that his brother, Joe Persinger, was elected door- keeper in the house of representatives, in early times. That as door- keeper, it was his only duty to distribute bills to the members of the legislature after the bills had been printed; that on one occasion Gov- ernor Boggs had printed in "dodger form" a lot of invitations to an "eggnog party" at the governor's mansion. That the doorkeeper gave one to a member, who could not "read writing". He looked at it, turned it over and looking closely at it, all the time, as though he could read writing, and finally said, "I'll be darned if I am going to vote for this bill."
In illustrating the ill-feeling that existed between the whigs and democrats, Mr. Kennon told of a Boone county sheriff who was a whig, and the circuit judge, who was a democrat. "When I was a boy, a visiting lawyer tried a case in Columbia, and tried it before a jury. At the proper time, he handed up some instructions which he had carefully prepared, all of which he had written with a quill, as the type-writer was then unknown. The judge was overly cautious about this case and spent a good deal of time examining the instructions, and was so slow about it that the lawyer said to the sheriff, who was not very friendly to the judge, 'I do not believe your judge can read writing.' The sheriff whispered back, 'He can't read readin', let alone 'ritin'.' "
Chas. H. Hardin, also a former Boone county lawyer, after he became governor, had a petition presented to him for the pardon of a man who lived in southeast Missouri. The petition was presented by Mr. Kennon, who was a brother-in-law of the governor. When the governor read the petition and saw that the prisoner lived in a distant
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part of the state from Mr. Kennon, he asked if Kennon had been em- ployed to present the petition. Kennon said, "I want to be frank with you; yes, I have." "Well," said the Governor, "I want to be frank with you ; there is no use in you saying anything more to me about this man's case."
ANDREW J. HERNDON
Hon. Andrew J. Herndon, although a resident of Howard county, practiced extensively in Boone county, in the days when lawyers "rode the circuit". He was the grandfather of H. A .. Collier. It was told of Judge Herndon that he had a case appealed shortly after the Kansas City court of appeals was created, and he was successful. He con- gratulated himself by bragging on the higher court, and especially Judge Smith, who delivered the opinion. But the next case he had in that court, he lost ; and the opinion was delivered by the same judge. When Judge Herndon read the concluding portion of the opinion of the court of appeals, "The judgment is therefore reversed ; all concur. Jackson L. Smith, P. J.", he said, "Well, it ought to be J. P."
ELI PENTER
A short time before his death, Eli Penter, the well known Ash- land lawyer, dictated the following regarding himself: I was born in Batesville, Arkansas, in 1836. At the age of fourteen, I left home and hired to a farmer for three dollars per month. As a number of my neighbors were going to Oregon, I arranged to drive an ox team, and walked and drove the team more than half the distance. This was in 1851. After the Indians began to murder settlers, I volunteered and joined the army, and engaged in three battles with the savages. We were successful every time. I worked in Oregon and Idaho, on farms and in gold mines, till 1865, when I started for home. I drove a mule team as far as Omaha, where I bought a skiff, and started down the river to St. Joseph. I had under my shirt my bag of gold dust, con- taining one thousand dollars, the proceeds of my western trip, and this bag was tied by a strap over my shoulder. The skiff ran on a snag, and the front part of my shirt was open, so my precious bag went forward and almost fell into the water before I caught it. At St. Joseph, I took a train for Quincy, where I sent my gold to the mint and had it coined into ten and twenty dollar gold pieces. From there, I went to my native town in Arkansas, and found the people almost at the point of starvation, owing to the Civil War. After staying there a while, I bought a Mexican pony and rode to Boone county,
COL. W. F. SWITZLER
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intending to enter the Missouri University, having attended the Oregon University a little while during my stay out there. I graduated from the Missouri University, taught school and read law; then I was admitted to the bar, and engaged in the practice of law, in banking and in editorial work. For thirty years I was president of the Ashland school board; several times mayor of Ashland and police judge of Ashland. My first case was in the justice's court, when two parties had a law suit over an axe, and my client was successful; and I never enjoyed a legal victory more than this one."
Mr. Penter was such a careful conveyancer that he attended to most of the legal business in Ashland and Cedar township for a num- ber of years. He possessed the confidence of the people to such an ex- tent that it was difficult to get a jury of that township to decide against him.
SHANNON C. DOUGLASS
Shannon C. Douglass was a Columbia boy and the grandson of Dr. James Shannon, at one time president of the Missouri University. He was active in the practice in Boone county, and also active in poli- tics, both county and state. Two or three times he was a member of the state democratic committee, and for one term was chairman of the democratic state committee. He was appointed circuit judge of Jack- son county by Governor Dockery.
While Judge Douglass was prosecuting attorney, a certain man was charged with violating the law which prohibited the sale of liquor within three miles of the State University. Seventeen men were sub- poenaed as witnesses for the state, and one of them, Mr. W., wanted to be excused. Just before the trial, he went to see Judge Douglass, and with tears in his eyes, begged like a child. He said, "I am in a serious situation, and if ever a poor fellow needed sympathy and as- sistance, I am the one. Now, I am a member of the Baptist church, and the brethren threatened to turn me out if I drank any more. Then, I have neglected my wife, and she has talked of leaving me-and I suppose she ought to leave me. But I promised the church and I prom- ised her not to drink any more; so there you are. Now, if you put me on the witness stand and make me swear that I drank liquor, I will be put out of the church and my wife will leave me." Judge Douglass promised the gentleman to use all of the other witnesses before calling on him ; and not to use him, unless it became absolutely necessary. Then one after another of the sixteen witnesses testified that he went into the defendant's place of business to get a drink of water; so Judge Douglass saw it was necessary to use his Baptist
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friend. When that gentleman was called to the stand, he had the cue, and he too testified that he went in that place and only got a drink of water.
When Judge Douglass, Judge Switzler and perhaps other Boone county lawyers of that day were examined by Judge Arnold Krekel. of the United States Court, the question was asked what is law. Each one gave a different answer, when Judge Krekel said, "Law is public sentiment crystallized. And if it isn't crystallized, it is very poor law."
IRVIN GORDON
One of the best known lawyers in Boone county was Irvin Gordon. for so many years city attorney of Columbia, now a well known Nevada lawyer. Mr. Gordon made such a fine prosecutor during his official terms that he was afterwards employed by the city to assist in certain prosecutions, and as a result many and large fines were imposed and col- lected by the city.
Mr. Gordon was good in the defense, as well as in the prosecu- tion of a case. He was appointed by the court to defend a negro, who was charged with burglary and larceny, breaking into a junk shop and stealing fifty cents worth of old rags; and the court gave instructions on the subject of burglary, grand larceny and petit larceny. Mr. Gor- don argued to the jury that three years, the lowest punishment for burglary, was too severe for such a case; and the jury seemed to agree with him. Accordingly, a verdict of not guilty was returned as to burglary, but the defendant was convicted of grand larceny, and given two years in the penitentiary. As all the evidence showed the stolen property was only worth fifty cents, the trial court granted a new trial; whereupon the defendant entered a plea of guilty to petit larceny.
While Mr. Gordon was city attorney of Columbia, the three-mile law was in force, and, by instituting various prosecutions, he added to the city treasury some three thousand dollars in fines.
THOS. B. GENTRY
Thomas Benton Gentry was a justice of the peace of Columbia township for many years, and police judge of Columbia while Hon. Wm. J. Stone was city attorney. Mr. Gentry was deputy postmaster. and was engaged in the dry goods business in Columbia before and during the Civil War. When the University Law School opened in 1872, he was forty-two years of age, and concluded he would again enter school; he was the first married man to attend the University.
GENL. ODON GUITAR
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Considerable talk was created in Columbia by such an occurrence. Some people thought he had softening of the brain, others said that he had attained his second childhood. But a friend expressed his opinion in rhyme, wrote it on a postal card and mailed it to Mr. Gentry. It read as follows :
"An old married man going to school, Forty years old, and a darned old fool."
Mr. Gentry graduated in law at the age of forty-four, the oldest person who had up to that time graduated in any department. He opened a law office in Columbia, but loss of health caused him to give up the active practice.
While Mr. Gentry was police judge, Reynard Pigg, who lived in Blackfoot, was arrested on the charge of talking in a loud and unusual manner on a public street of Columbia. The plaintiff made out a prima facie case; but the defendant proved by his neighbors that he was in the habit of talking loud at all times, that they could easily hear him talking to his wife, although they lived half a mile from the Pigg resi- dence. But the court held that although the conversation on the street was not loud or unusual for Mr. Pigg, yet it was loud enough to fine him one dollar and costs.
The old statute provided that one justice in each township be ap- pointed "allotting justice, to allot hands to overseers of roads in said township." Mr. Gentry was appointed allotting justice for Columbia township in March, 1862.
Judge Arnold Krekel appointed by Mr. Gentry United States commissioner for Boone county, and he served about one year.
WM. L. BERKHEIMER
Wm. L. Berkheimer, of Centralia, was the only German lawyer Boone county has ever had. He was a good lawyer, but not a good scribe. During Mr. Berkheimer's residence in this county, S. W. Early was justice of the peace; and most of the Centralia cases were tried before him. At one time, Mr. Berkheimer's client desired a change of venue from Justice Early's court; so the usual affidavit was pre- pared by Mr. Berkheimer and filed. After granting the change of venue, and after all parties had left his office, Mr. Early read over the affidavit, and became very angry. He went to Berkheimer's office and wanted to know what he meant by having his client to sign and file such a paper as that in court. The attorney looked at the paper and said that it was the usual paper filed in such cases, alleging prejudice. "Oh," said Mr. Early, "It is prejudice, is it ; well I just wanted to tell you that my 'pedigree' is as good as any body's."
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JAMES COONEY
Judge James Cooney, afterwards a member of congress, taught school while he lived in Columbia and Sturgeon. He told of one of his first cases, which was tried before a justice, who was also an Irishman. It was a suit against an insurance company for injury to a black horse, which was near a tree that was struck by lightning. After much evi- dence as to injury and lack of injury, the case was vigorously argued to the jury. Then the magistrate said, "Gentlemen of the jury, I have just been down to the saloon, and saw this black horse, and he is not hurt a dam bit. But it is customary to decide against a corporation ; so I instruct you to bring in a verdict for the plaintiff for fifteen dol- lars, which will be sufficient to give the plaintiff's attorney a reasonable fee, also sufficient to carry the costs."
ATTORNEYS RECEIVED NO FEE
In 1874, an old darkey living east of Columbia on Grindstone creek had one his neighbors arrested for stealing a horse. The defendant loudly protested his innocence, and employed General Odon Guitar and Carey H. Gordon to defend him. As the defendant objected so strenu- ously to going to jail and insisted that he was absolutely innocent, the sheriff yielded to the pressure and decided to keep the defendant con- fined one night in a second-story room of the court house, having the door locked and a guard to sleep with him. During the night, the prisoner claimed to the guard that he was sick and needed a drink of water. Not fearing anything, the guard allowed the prisoner to go near the window, when the prisoner raised the window and leaped to the ground in safety. The guard fired several times at the fleeing man, but missed him; and the last time he was heard of, the man was still fleeing. The only property that this alleged horse thief had when he was arrested, aside from the stolen horse, was a pair of mules. So he gave one of them to each lawyer in payment for his fee. One night not long after his escape, both mules disappeared from their respective pastures, and, like their former owner, their place of residence is un- known.
General Guitar and Carey Gordon were both farmers, and did a great deal toward improving the breeds of live stock in Boone county. As a result, General Guitar lost considerable money on Jersey cattle and Berkshire hogs, and Mr. Gordon lost considerable money on sad- dle horses and jacks.
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CAREY H. GORDON
Another member of the Gordon family, prominent at the bar, was Carey H. Gordon, whose nickname was "Darb." Mr. Gordon was a member of General Guitar's regiment during the Civil War, and was in an engagement in Clay county with Jesse James and his band ; and to Mr. Gordon belongs the distinction of getting close enough to the noted outlaw to shoot off one of his fingers. The next day, James sent word to Gordon that he would like to meet him at Kearney, by himself, and fight it out; but Gordon did not care to engage in that kind of warfare.
Mr. Gordon's experiences in the war made him an expert horse- man, and he was a fine rider. In the early 'seventies he was a candi- date for a county office, and desired to attend every public function during the campaign. This was before the days when the candidates arranged the times and places for speaking. Mr. Gordon attended one picnic at Claysville, in the southeast corner of the county, where he was detained till after dark. The next day, a picnic was advertised for McCauley's Mill, in the extreme northwest corner of the county ; and of course Mr. Gordon must attend that. So he rode all night, over some rough roads, and reached the picnic in time for the opening, doing without rest, supper or breakfast.
In 1895, John Hunt, Jr., was tried for burning a country store building and contents, and Mr. Gordon and Mr. Gentry defended him. Ben Earhart was jointly indicted for the same offense, but he turned state's evidence and was released. At the trial, the defense tried to discredit Earhart, and succeeded. It was shown that Earhart denied all knowledge of the affair till he was arrested by a self-appointed posse and given a whipping. Then Earhart was taken down in a cellar, so it is claimed, given some tobacco and clothes; he thereupon ex- pressed a willingness to testify, and did testify that he and Hunt com- mitted the crime. As a part of his speech in the arson case, counsel for the defense said :
Down in the cellar, Neath the surface of the ground, They turned Ben Earhart loose And the suit of clothes was found.
There in the darkness, Where no eye could see, They laid it on to Hunt And turned Ben Earhart free.
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Yes, Earhart was released, Provided he would swear That John Hunt was the rascal Who burnt the store house there.
But even Ben couldn't remember Till he felt the bundle of switches
Come down like lightning On the seat of his old breeches.
And none but one of the gang, Who was in that lonely place, Knows how much the tobacco Has to do with this little case.
And so Ben's here today, With his associates in sin, Trying to send John to prison To save his own worthless skin.
As might be expected, the defendant was found not guilty.
Mr. Gordon assisted in the prosecution of the case of State vs T. J. Gillaspy, a murder case, and his argument was the best effort of his life, and one of the best speeches ever delivered in the court house. The result of that trial was a complete nervous breakdown for Mr. Gordon, and, although he lived ten years after that, he was not able to again engage in the practice of law.
GEO. S. GROVER
Although he lived in St. Louis county, Mr. Geo. S. Grover attended the Boone circuit court a great many times during the thirty years that he was attorney for the Wabash railroad. Once Mr. Grover represented the Wabash in a change of venue case fom Randolph county, wherein the plaintiff claimed that he had received a nervous shock, in a rail- road accident, and was disabled. After a favorable verdict for a large sum, the plaintiff went home, joined the base ball team and engaged in that fine sport. In the meantime, Mr. Grover suspected as much, had a representative of the Wabash to take a photograph of the young man, as he went running to first base, and filed a motion for a new trial, accompanied by that picture. It was not necessary for the court to pass on the motion, the case was settled on a reasonable basis.
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COL. SQUIRE TURNER
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WM. J. BABB
Not only was Wm. J. Babb a good lawyer, but he was an active worker in the Baptist church, and often attended district and state gatherings of that denomination. At one time, Judge Burckhartt, who was also a Baptist, was trying a case, and Mr. Babb was one of the attorneys. A witness was testifying, and Mr. Babb was trying to im- peach him out of his own mouth, so to speak. He asked the witness if he had not after dark sold a blind horse to a man named Barnes; and the witness replied, "No, Brother Babb, I did not do that.' ' He was then asked if he had piled up a lot of stumps and brush and built a hay stack over it, and sold the stack of hay; and he replied, "No, Brother Babb, I never did that." Judge Burckhartt then asked why he called the attorney, "Brother Babb." The witness said, "Because him and me'are Sunday school superintendents, and members of the Little Bonne Femme Baptist Association."
CAUGHT A LAWYER
In 1875, Prof. Baldwin gave a lecture in the old court house on "Spiritualism Exposed," and did many sleight-of-hand tricks. The crowd in attendance was astonished at the way Baldwin could be tied in a chair, and then release himself in less time than it takes to tell it. One spectator, a Columbia lawyer, offered to bet five hundred dol- lars that he could tie Baldwin so tight that he could not get lose. The bet was accepted, the money put up, and won by Baldwin; and the legal gentleman then resolved never again to bet on another man's trick.
C. B. SEBASTIAN
Like L. T. Searcy, Arthur Bruton, W. H. Rothwell, Wm. J. Babb, W. S. Pratt and perhaps other Boone county lawyers, C. B. Sebastian was a school-teacher before he practiced law. He was a country school-teacher, and taught school according to the old methods, one of which was the use of the hazel switch.
For some years, Mr. Sebastian was attorney for the public ad- ministrator, and also local attorney for the M., K. & T. Railroad.
At the trial of the John Carlisle will case, Mrs. Mary Metcalf, a native of Wales, testified to the good memory and sound mental condition of the testator. Mr. Sebastian, who was trying to break the will, cross-examined this witness, at first asking her if Mr. Car- lisle was not getting old. The lady said, "Yes, so am I." Mr. Sebas- tian then asked if he was not lame. The witness said, "Yes, so are 11
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you. But you are the first person that I have ever heard say that a man's lame leg affected his brain."
While Mr. Sebastian was prosecuting attorney, he made out what he thought was a strong case of assault with intent to kill, against a negro from Providence. The physician described the wound on the prosecuting witness as a dangerous one, and one that would surely have proved fatal, but for his timely and successful treatment. Mr. Sebastian then placed a colored witness on the stand to add the finish- ing touches to his case; but he proved the salvation of the defendant. The witness said, "The doctor put on his spectacles, looked at the nig- ger's tongue and said that the nigger had been stabbed. He then un- buttoned his shirt and listened to his heart beat and said that the nig- ger had been stabbed on the arm. Then he put something in the nig- ger's mouth, under his tongue, and held his watch on him, and said that the nigger's arm had been bleeding. And then the doctor took off his specks and left the cabin, but he said he expected somebody had better do something, or the nigger might die." The jury gave the defendant sixty days in jail.
Mr. Sebastian argued two cases at one term of the Kansas City court of appeals, while Hon. Jackson L. Smith was presiding judge; and Judge Smith appeared to be a little impatient, and suggested to Mr. Sebastian that his argument should be "cut shorter." The same impatience appeared in Judge Smith when Mr. Sebastian argued the second case that day. At that time, C. B. Crawley, of Chariton county, was a candidate for judge of the court of appeals, to succeed Judge Gill; and, while Mr. Sebastian and other lawyers were sitting around the clerk's office, discussing candidates for that position, one lawyer suggested that Mr. Crawley was hard of hearing. "That is true," said Mr. Sebastian, "but he can hear all that Jack Smith will allow a lawyer to say in this court."
Mr. Sebastian, while arguing a motion in the court of appeals, was so honest in his expression that he caused even that dignified body to laugh. Judge Burnes tried a case in Boone county, and, at the next term of court, made an order by simply mailing the order to the cir- cuit clerk, but the record showed that Judge Burnes was present in per- son when the order was made. That did not suit opposing counsel, Webster Gordon, who filed suggestions in the higher court, based on the ground that the judge was absent and the order was a nullity. Mr. Sebastian insisted that the record showed that Judge Burnes was present, and no one could go back of the record. Judge James Elli- son asked if Judge Burnes was present, and again Mr. Sebastian stated that the record showed that he was. "But was he in fact present,"
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insisted the inquisitive judge. "Well," replied Mr. Sebastian, "I did not see him there." Judge Ellison remarked that that was sufficient.
Mr. Sebastian is a Methodist and a Knight Templar.
SAM C. MAJOR
Senator Sam C. Major, of Howard county, who died in 1894, was also a regular practitioner in Boone county. In 1890, three young men Jacks, Roberts and Robinson, were charged with trespass, and, not hav- ing any lawyer to represent them, the court appointed Senator Major to defend them. The facts disclosed that they were hunting one night in Bourbon township, discovered a bee tree and cut it down. The tree was situated on the land of a man named Barnes, and the young men declined to divide the honey with Mr. Barnes; hence the prosecution. C. H. Gordon was then prosecuting attorney, Ev. M. Bass was his assistant, and Thos. S. Carter was employed to aid the prosecution. There was no defense to offer ; so Senator Major, while opposing coun- sel was making his argument wrote the following poetical effusion, which was read to the jury :
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