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 17
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In answering Senator Avery, General Guitar said something to which Senator Avery objected, because he said it was outside of the record. General Guitar retorted, "Outside of the record, didn't you take that baby all the way up to the gates of heaven, a place where you never will be, except in poetry or in song?"
JERRY H. MURRY
Jerry H. Murry made a splendid record as prosecuting attorney, and assisted Circuit Attorney Joseph W. Folk in prosecuting Edward Butler in Boone and Callaway counties, and gained a state reputa- tion. He was a candidate for the democratic nomination for attor- ney-general in the spring of 1904, when he was suddenly taken ill and died in a few days. There was a universal expression of regret that one, who was so promising and so worthy, should have his career ended so soon. Hon. Elliot W. Major, an opponent of Mr. Murry, received the nomination for attorney-general, but although defeated that year, four years later was elected attorney-general, and then in four years was elected Governor of Missouri.
In 1898, Mr. Murry was a candidate for re-election to the office of prosecuting attorney, and he was telling it on the stump that he had never had a case of his reversed by the supreme court. After mak- ing that statement at three different barbacues, two of Mr. Murry's cases were reversed by the supreme court on the same day.
Mr. Murry is one of the few lawyers who has been sued for slan- der. At the trial of the case of State v. Asberry, Justice P. S. Hocker of Centralia, seemed to think he had authority to sustain a demurrer to the evidence, at the close of the state's case; which he did, and dis- charged the defendant. The defendant, who was accused of deserting his wife, was then arrested and prosecuted before another justice; and
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his attorney plead res adjudicata. It was at. the second trial that Mr. Murry seriously criticized Justice Hocker, who was a witness for the defendant ; hence the suit for slander. The case of Hocker vs. Murry was taken on application of the plaintiff to the Cole circuit court, where it was afterwards dismissed.
Mr. Murry was once prosecuting some negroes before Benton White, J. P., for breaking into a saloon in Rocheport and stealing some pint bottles of whisky. He placed an old negro on the stand and proved that one of the defendants had a pint bottle of whisky shortly after the alleged burglary. He asked the witness what kind of a label the bottle had on it; and then learned that the witness did not know the meaning of that word. "I mean," said Mr. Murry, "what was on the outside of the bottle." The witness said, "Now, boss, I wasn't paying no at- tention to what was on the outside of the bottle; I was paying at- tention to what was on the inside of the bottle."
GEO. P. B. JACKSON
Although he lived in Sedalia and later in St. Louis, Mr. Geo. P. B. Jackson had one or more cases nearly every term in the Boone circuit court after the projection of the M., K. & E. railroad, afterwards the M., K. & T. railroad through this county. Mr. Jackson had a custom of fighting a case before the jury, before the trial judge as well as in the appellate court. He tried one personal injury case before a Boone county jury, and was successful, much to the surprise of many, includ- ing himself. The plaintiff appealed, and Mr. Jackson, in arguing the case before the court of appeals, said, "I take a special interest in this case, as I am not often here asking this court to uphold the verdict of a jury. I hope, therefore, that in this case this court will use that expression, so often used by this court, that it 'will defer to the finding of the jury, and the action of the trial court.'"
Mr. Jackson represented the M., K. & T. in Texas in some impor- tant cases. In order to avoid appeals in small cases, the Texas legis- lature passed an act, prohibiting an appeal from the justice of the peace court in damage suits, where the amount involved was ten dol- lars or less. Accordingly, persons sued the railroad for calves, hogs and dogs that were killed, and every one recovered judgment for ten dollars, and the railroad seemed to have no remedy. So the matter was turned over to Mr. Jackson, and he conceived the idea of filing an off- set or counterclaim for ten dollars against the owner of the animal, as damages to the locomotive and cars. Of course the jury in the jus- tice of the peace court decided against the railroad, but, as the amount then involved exceeded ten dollars, the railroad could appeal.
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WM. R. GENTRY
Like many St. Louis lawyers, Wm. R. Gentry is proud of the fact that he was reared in the country, and especially that he began the practice of law in Boone county.
Mr. Gentry defended a farmer who was sued by a lawyer bec- cause of an alleged slander. The lawyer moved to Missouri from a distant state, and he took depositions in that state to prove that he there had a good reputation, but he offered no evidence of his good conduct in Missouri. In his argument, Mr. Gentry commented on the fact that the depositions referred to a time that was remote, and the place was far away. He said that it reminded him of an Irish girl who had worked for a number of good families in Ireland and England, all of whom gave her letters of recommendation when she sailed for America. She landed at New York and tried to get employment but could not, as she had lost her letters. Her cousin, Patrick O'Connell. told her that he could fix that all right, and would write her a character letter. Taking a pen, he wrote, "This is to certify that Katie O'Lary had a good character in the old country, but she lost it on the ship com- ing over." The jury found for the defendant.
Mr. Gentry taught German and French in the University before he studied law. He was very fond of hunting, and it was during this time that the following occurred. A small boy named Butcher was telling of a discussion that he had with his mother and brother re- garding Mr. Gentry's occupation : "I said he was a teacher, but mother said he was a lawyer, but my brother Jimmie said he thought he just went a hunting."
Mr. Gentry is the father of two prospective lawyers. When the older one was about five years of age, he was attending a party and the boys were telling what occupations they expected to follow. Young Gentry said, "I am going to be a two horse lawyer." When he was asked why, he said "Because there are enough one-horse lawyers in the family."
Mr. Gentry belongs to the Presbyterian church and the A. O. U. W., and is a Knight Templar.
GEO. H. BARNETT
Geo. H. Barnett, although deprived of the sight of one eye, was a most industrious student of law. As city attorney of Columbia, he made such a fine record that he received the democratic nomination for prosecuting attorney, although he was opposed by some of the older and more experienced practitioners. A short illness brought Mr. Barnett's bright career to a sudden close. He died before the November elec-
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tion, and was the only man in the county to receive the nomination of the party in power and then die before being elected.
Mr. Barnett tried to recover damages for a client, the damages being the result of the injury to certain cattle. He stated to the jury that the cattle were very valuable before the happening of the negli- gent act, but that they were almost worthless thereafter. He made the mistake of his life in introducing a cattle expert as his first witness. After qualifying him as a judge of cattle, and acquainted with the cat- tle in question, he asked the condition of the animals before the time of their injury. The witness started off thus: "Well, sir, I saw the cattle before that time, and they looked like they had been through the fiery furnace." Mr. Barnett rose in court, and said, "The plaintiff will accept of the defendant's offer of settlement."
Mr. Barnett's death, so early in his professional life, was regretted by lawyers and laymen alike.
H. D. MURRY
During the illness of Judge Jno. F. Murry, Harvey D. Murry was clerk of probate and attended to the court business for two or three terms. While he was on the bench, Joseph H. Cupp was in court, had various motion to file and divers objections to make ; all of which were seriously considered by the court. After he left, Mr. Cupp said : "Every probate judge is just alike. He reminds me of the undertaker -he always looks serious and sad but never cries."
It is said that, while he was on the bench, Judge Harvey Murry received the following letter :
"Dear Sir: My Father deserted this life not long hence, leaving a wife and five scorpions. He died detested and his estate is likely to prove insolvent. I was left electrocutor, and being told that you were judge of reprobates, apply to you for letters of condemnation."
Sixteen young ladies at one of the girls' boarding schools had a disagreement with a Columbia laundryman, and the latter declined to deliver their laundry, but held it much to their displeasure. So great did their disagreement become that the young ladies determined to bring a replevin suit, and they sought the assistance of Mr. Murry, a bachelor of an uncertain age. Great haste was necessary for the young ladies desired their possessions in time for a public entertainment, and the laundryman was threatening to hide their clothing until an agree- ment could be reached. Mr. Murry started in with all the speed that he could muster, but he was greatly embarrassed at trying to describe that kind of personal property. So in the affidavit that he made, he said that the same "constituted the clothing such as was usually worn by.
HERLEY S. DAILY
OLD COLUMNS
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young ladies, the exact names and natures of which were to their at- torney unknown."
L. T. SEARCY
L. T. Searcy, better known as "T" Searcy, is one of two or three Boone county lawyers who served as assessor of the county. He claims "Terrapin" as his birthplace.
As county clerk and during his first term, Mr. Searcy tried to prepare the necessary orders in a road case, but when the case was appealed, the circuit court dismissed the same for want of jurisdiction. It was then that Mr. Searcy said, "All you have to do is to appeal a road case, for the higher court always reverses the action of the county court, no matter how the case is decided."
Mr. Searcy entered the University Law School at the age of forty, and studied law while he was county clerk-the only county clerk who attended school during his official term. Owing to the fact that he had weak eyes and Geo. H. Barnett, a fellow student, had but one eye, Mr. Searcy and Mr. Barnett studied together, and one read the lesson aloud one evening and the other the next.
In one of his characteristic articles, W. J. McQuitty, editor of the "Rocheport Commercial", described a county campaign, represent- ing the candidates as if they were horses in a race. Referring to Mr. Searcy, the article read : "There's T. Searcy, a water-jointed, chestnut colored sorrel, seventeen hands high, is sure to win in the race, although he has bad eyes. Searcy has traveled all over Missouri, Kansas, Colorado and New Mexico, but he has never yet taken a trip up Salt River."
Mr. Searcy belongs to the Christian church and the Modern Woodmen.
FRANK G. HARRIS
One of the youngest and one of the most successful prosecutors Boone county has had is Frank G. Harris, whose friends now call Senator Harris. Mr. Harris was elected prosecuting attorney, while a citizen of Centralia, at the age of twenty-six. He at once removed to Columbia, where he has since resided. During his incumbency of six years, he convicted two men of murder in the first degree, and their convictions were sustained by the supreme court (State vs Clay, 201 Mo. 679, and State vs Baker, 209 Mo. 444). Mr. Harris is a greatnephew of Overton Harris, the first sheriff of Boone county, and a third cousin of Judge David H. Harris.
In 1910 and 1912, Mr. Harris was elected to represent Boone county in the legislature, and served as chairman of the judiciary committee.
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In 1914, Mr. Harris was appointed by Governor Major to a posi- tion on the code revision commission, and, with the other members of that body, made many suggestions to the general assembly, regard- ing our civil and criminal code.
In 1914, Mr. Harris was elected to the state senate from the tenth district, composed of Boone, Callaway, Montgomery, Warren and St. Charles counties, and served as chairman of the code revision com- mittee, and was also a member of the criminal jurisprudence com- mittee, the private corporation committee, and the internal improve- ment committee. Senator Harris was appointed to serve on a com- mittee during the recess of the general assembly, but he promptly wrote a letter declining to act, as he was of the opinion that such a committee could not legally do anything, and that the senate had no authority to appropriate any money for that purpose. Afterwards, Attorney General Jno. T. Barker gave a similar opinion.
The first case Mr. Harris had in the circuit court was when he represented the state in the prosecution of five young men, Orear, Chandler, McLane, Turner and Woolfolk, for the murder of Chapman, the Wabash station agent at Browns Station. As stated by several who attended the trial, "he handled these cases like an old prosecutor."
Messrs. Harris and Gentry recently defended a man charged with obtaining money under false pretenses, and the defense was insanity. After proving by P. S. Quinn, a witness for the defense, many strange and unusual things that the defendant did, the question was asked what the witness believed was the mental condition of the defendant. He replied, "I think he is a cool, calm, calculating scoundrel." The defendant was found guilty.
A few years ago, it is said that Mr. Harris was called on to defend a chiropractor, who was charged with violating the law in regard to the practice of medicine. There were several cases against the defendant, and some difficulty was experienced in the selection of a jury at the trial of the fourth and fifth cases. One man, named Roberts, stated on his voir dire that he had not formed nor expressed an opinion. Mr. Harris then asked if he heard any of the testimony at either one of the former trials, and the juryman replied that he had not; but that he had heard the speech of one of the attorneys. "Did that make any impression on you?" asked Mr. Harris. "No", was the reply. "Whose argument did you hear?" inquired Mr. Harris. "I heard your argument", the juror replied.
Senator Harris was the first to suggest that the lawyers close their offices on Thursday afternoons during July and August. This was in 1915.
CAPT. HIRAM C. PIERCE
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Senator Harris is a member of the Christian church, Odd Fellows and Elks.
M. R. CONLEY
In 1910, M. R. Conley was endorsed by the Boone county lawyers for judge of the new judicial circuit, composed of Boone and Callaway counties, and a lively race was had by the two candidates. Judge Harris defeated Mr. Conley by a small majority.
On one occasion, Mr. Conley represented a colored man, who lived on Flat branch, and was being sued for divorce. The wife claimed and proved that the husband never supported her, but lived entirely on money that she had earned. Mr. Conley, thereupon, put his client on the stand to explain this damaging testimony, and he swore that he was always glad to work when he was able, but that he had been sick and therefore unable to work. When asked how long he had been sick, to the amazement of Mr. Conley, he replied thirty-one years, which was the length of his married life. He further said that his peculiar ailment consisted in being "tired all of the time".
Mr. Conley was a delegate to represent Boone county at the deep waterways convention at Kansas City, in August, 1915.
Mr. Conley, like Ralph T. Finley, belongs to the Presbyterian church; he also belongs to the Elks.
JAS. W. SCHWABE
Jas. W. Schwabe is more of a real estate man and auctioneer than a practicing lawyer, though he graduated in law and does prac- tice some. He was raised in Columbia, then moved to a farm in Black Foot, where he lived for a number of years, occasionally tak- ing a case in the magistrate and county courts.
Once Mr. Schwabe was connected with a road case, and in his argument, took occasion to criticise an opposing witness, who, he said, "had moved from Black Foot to Columbia, for some unknown reason". In reply Col. Turner sarcastically said, "I don't know that it is any more disreputable for an honest man from Black Foot to move to Columbia, than it is for a dishonest man to move from Co- lumbia to Black Foot."
Mr. Schwabe defended a young man from Black Foot who was charged with horse stealing, the defense being that he took the horse from his employer to drive with his girl to church, not intending to steal the animal. By a most ingenious argument, Mr. Schwabe made the jury shed tears over the good youth, who was not only going
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to church, but engaged in taking one of Boone county's worthy girls to church.
Mr. Schwabe is one of the few Boone county lawyers to take part in extensive litigation : in 1914, he brought suit against the city of Columbia to enjoin it and its officers from paying three thousand two hundred and seventy-eight dollars to the Hamilton-Brown Shoe Company for a sewer, as he alleged that it was a private sewer. After a careful investigation, the circuit court decided that it was a private sewer, and made the injunction perpetual.
DAVID A. BALL
Senator David A. Ball was called as a witness to testify to the bad reputation for honesty of one of his fellow-citizens of Pike county, whose case was being tried in the Boone circuit court. After testifying that the gentleman's reputation was bad, Senator Ball was extensively cross-examined by Rass Pearson, also of Pike. He was asked if he and the defendant were not brothers in the Methodist church, and he replied, "We're brothers-in-law, sir." He was then asked if he and the defendant had not recently contributed to the amount of five hun- dred dollars each to pay off a debt on that church, to which he replied in the affirmative. With a degree of satisfaction, the defendant's attorney inquired if at that time the defendant was not in good stand- ing in the church; to which the senator replied, "For the purpose of that contribution, we were both in good standing, sir."
JAMES E. BOGGS
James E. Boggs, or "Ned" Boggs as he is called by his intimate friends, is a son of Tyre Boggs. He served several years as justice of the peace of Columbia township, and was a popular justice. Mr. Boggs decided the case of Columbia & Cedar Creek Turnpike Co. v. I. C. Vivion, which decision was reversed by the circuit court. But the court of appeals reversed the decision of the circuit court, and followed in substance the written opinion filed by Justice Boggs.
It was told of Mr. Boggs that he tried a case (his first case) in a schoolhouse, not many miles from Columbia, and the representatives of the plaintiff and defendant were not licensed attorneys-they sim- ply tried to act as lawyers. There were seventeen witnesses to testify for the plaintiff and twenty to testify for the defendant. The justice, for satisfactory reasons, decided in favor of the plaintiff. Thereupon the attorney (?) for the defendant arose and moved for a new trial,
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and a friend of the defendant seconded the motion. The motion was put, and was carried by a vote of twenty to seventeen. "That," said Justice Boggs, "is recall of judicial decisions."
Mr. Boggs edited the "Missouri Justice" for some years, which paper was a monthly and had a large circulation in the state. After- wards, he was president of the circuit clerk and recorders' association of this state.
To Mr. Boggs is due the credit for the idea and success of the Jefferson Banquet, which was held in Columbia, April 13, 1915, and attended by some three hundred persons, including visitors from St. Louis, Kansas City, Jefferson City, Hannibal and other Missouri towns. Senator Wm. J. Stone and Judge Irvin A. Barth delivered the principal addresses at this banquet.
Mr. Boggs is an Elk.
CHAS. J. WALKER
Senator Charles J. Walker had a fine practice in St. Charles and Warren counties, but moved to Columbia to educate his children ; hence, began the practice in Boone county after he was advanced in years. He made a specialty of commercial and real estate law, and was considered one of the best posted men on commercial and bank- rupt law in Boone county. For some years, Senator Walker and his son, Lee Walker, composed the firm of Walker & Walker, and had an office in the J. H. Haden Building in Columbia. Unfortunately. Senator Walker received a partial stroke of paralysis in February, 1914, and has been confined to his house most of the time since.
Senator Walker once cross-examined Robert Carter, a well-known negro from the McBaine neighborhood. Uncle Bob said that he was born in 1834. The Senator wanted to know how he knew it was 1834. "Well," said the old negro, "my old mahster was a Whig back there in Virginia, and I remember when Henry Clay ran against Jas. K. Polk. Old mahster had all of us niggers to carry a knife around over the farm, and he told us to cut a polk stalk whenever we found one. And that was in 1844, and I was ten years old, and that's how I know I was born in 1834."
Senator Walker was attorney for a certain real estate agent in a suit to collect a commission. As usual, opposing counsel got after real estate agents, saying that they were simply employed to lie about the value of property. Senator Walker calmly admitted the accusa- tion, and said that his client was employed to lie, because the defendant realized that he needed a man to do that kind of work, and the de- fendant was too honorable to do it. "Now," said the Senator, "the
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defendant ought to pay my client for doing such fine work." And the jury agreed with him.
Senator Walker represented Dr. Jamison Vawter, a Columbia physician who had nearly every kind of a civil law suit known to the profession, and the jury decided in favor of Vawter. Some one con- gratulated Dr. Vawter on his success, and incidentally complimented his attorney's good work. "Oh," said Dr. Vawter, "my lawyer does not deserve any of the credit, he simply did what I told him to do." When Senator Walker heard this, he admitted that there was a good deal of truth in his client's statement.
A maiden lady was one of Senator Walker's witnesses in the circuit court, and a friendly witness she was to his side. She was a great talker, and when she got wound up, she just could not stop until she had told her tale. Repeated objections from the opposite side did not stop her, nor did the court's ruling have any effect on her. At last the court said, "Senator Walker, you will have to control your witness." To which the Senator frankly replied, "I will be glad to have your honor tell me how to control her; she has already told a lot that I did not want her to tell."
In 1907, Senator Walker was appointed by the supreme court of Missouri referee for the taking of evidence in the case of State ex rel. city of Centralia vs State Auditor. He held court in Centralia.
Senator Walker is a Methodist and Knight Templar.
W. H. ROTHWELL
W. H. Rothwell, familiarly known as "Hamp", was a friend of the boys, especially some of the University boys. While Mr. Rothwell was city attorney of Columbia, it became necessary to prosecute two of the members of the University football team for disturbing the peace. It was then not long before the Missouri-Kansas game, and all loyal Missourians were anxious for the success of the "Tigers". It leaked out that some of the football boys had been arrested, and the University discipline committee got busy. Mr. Rothwell told the erring athletes that he would file an information against them under assumed names, which he did, and the fine was paid by a friend, the boys not appearing in court. When the discipline committee came to the police court to get the names, to their surprise they learned that John Smith and Tom Jones were the guilty parties. No amount of urging on the part of the discipline committee could induce Mr. Rothwell to disclose the real names. The discipline committee then tried to force Rothwell. They threatened him with impeachment pro- ceedings before the city council, and also a prosecution for malfeasance
GARDINER LATHROP
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in office. Mr. Rothwell told them to get busy, that he would rather "beat Kansas" than to be city attorney of Columbia.
Mr. Rothwell was attorney for certain men charged with numer- ous violations of the local option law, and there was an organization in Columbia which was active in having such men prosecuted. On the regular panel of jurors at one term was J. D. McQuitty, a member of that organization. Mr. Rothwell, as attorney for the defendant, scratched Mr. McQuitty off of four juries. When his name appeared on the list for the fifth time, a mistake having been made it appeared as J. T. McQuitty. Just before the jury was sworn, the sheriff discovered the mistake, and called the court's attention to it. "Never mind," said Mr. Rothwell, "I know him, and he is already scratched."
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