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 18
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Mr. Rothwell was the first Boone county lawyer, so far as is known, who delivered an address at the funeral of a brother lawyer. In 1905, Mr. Rothwell spoke at the funeral of Ev. M. Bass, in Ashland. Later, Eli Penter spoke on the occasion of the funeral of Wirt J. War- ren, in Cedar township. Judge Jas. C. Gillespy spoke at the funeral of Thos. S. Carter, June, 1913, in Sturgeon in the yard of the home place of Mr. Carter. In March, 1915, N. T. Gentry spoke at the funeral of Eli Penter, at Salem Baptist church, near Ashland.
ARTHUR BRUTON
Arthur Bruton and Jas. A. Henderson are the only Boone county lawyers who have been county school commissioners. Mr. Bruton taught school in Boone county, and has been attorney on one side, or the other, of nearly every school case or school teacher case, tried here. He now occupies the distinction of being one of the few Boone county lawyers to own an automobile; and, therefore, is attorney in nearly every automobile case that has arisen in the county. In a dam- age suit against an automobile owner, for injury while operating his machine at a reckless rate of speed, Mr. Bruton cross-questioned the defendant as to how fast he was running it at the time of the acci- dent. The owner answered, "Just about as fast as you run your car every day." Mr. Bruton gained the case, by mentioning the fact that the defendant admitted that he was running at high speed, saying that "high speed, of course, meant that he was running at a high rate of speed, which necessarily was reckless driving".
Mr. Bruton was attorney for W. L. Green, a Centralia mule dealer, in a suit against the Wabash for damages on account of a mule kicking a slat off of the car in which it was being shipped, and injuring its leg. Mr. Bruton insisted that the railroad company knew that a mule would kick, and that a stronger car was required for the
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shipment of a mule than a sheep. The court and jury agreed with him.
Webster Gordon was often a candidate for office, state senator, representative, prosecuting attorney, county judge, justice of the peace, mayor of Columbia and city attorney, but was nearly always defeated. Some months after his last defeat, Arthur Bruton advised with Mr. Gordon about the next race for prosecuting attorney. Mr. Gordon said, "Don't talk to me about running for office. The people don't want a man and will not elect a man who is qualified for any office." Mr. Bruton then modestly said that the people had been talking to him (Bruton) about running. To which Mr. Gordon said, "All right; I think you can be elected."
E. C. ANDERSON
Emmett C. Anderson is the only Boone county lawyer who can claim Browns Station as his birth place. He was born there before Browns Station existed. Mr. Anderson was a blacksmith in Sturgeon until he was thirty-six years of age, when he concluded he would study law. He read law in his blacksmith shop and was admitted to the bar, by examination in open court during Judge Hockaday's term. Mr. Anderson made a fine record as a prosecutor. It is said that more men were convicted and given long terms during his admin- istration than that of any of his predecessors. See the murder cases of State vs George Fenton, 248 Mo. 482, and State vs Henry Lee Moore, State vs Henry Baumhoefer, State vs William Sleuter and State vs Isaac Jackson, which were never appealed. Then, in mis- demeanor cases, Mr. Anderson had two Columbia druggists fined twenty-four thousand six hundred dollars for violating the local option law, and a Rocheport druggist fined fifteen hundred dollars for similar offenses. He prosecuted and convicted Columbia and Centralia physi- cians for writing whiskey prescriptions, and convicted bootleggers galore. He even convicted one woman of bootlegging. During his four year term, he instituted prosecutions of violations of every statute in our criminal code.
In the case of a man charged with a criminal assault on a little girl seven years old, the defendant proved a good reputation by a number of people. One character witness was an Irishman. Mr. Anderson asked him if a man's good reputation was worth anything; if King David did not have a good reputation prior to his meeting with Uriah's wife? The witness replied, "Yes, but Uriah's wife was more than seven years old."
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After Mr. Anderson retired from the prosecuting attorney's office, he began defending men charged with crimes, and now believes in juries showing mercy to defendants, and giving them the full benefit of the reasonable doubt. In April, 1915, Mr. Anderson represented a Rocheport negro who was in jail, under indictment for a felony. The day before the trial, Judge Harris asked if the case was to be tried the next day, and was assured that it would be. In a few minutes, Sheriff Sapp came into the court with word that the defendant had broken jail and gone, and Mr. Anderson announced that fact to the court. Whereupon, Judge Harris jokingly said, "Well, I did not intend to require you to disclose your defense in advance."
In January, 1915, Mr. Anderson was appointed receiver of the Columbia Guarantee Abstract Company. He looked after the affairs of that corporation in a manner satisfactory to every one, altho the interests of the contending parties were varied and complicated.
J. P. McBAINE
"Pat" McBaine, as he is familiarly called, is not an Irishman as his name might indicate, but is a son of native Missourians. His father, Turner McBaine, was the owner of a large amount of Missouri River bottom land, some nine or ten miles southwest of Columbia, hence, the town of McBaine was named for him.
Mr. McBaine has been associated in the practice of law with 1 Boyle G. Clark, also of Columbia, for some years past. The firm of McBaine & Clark are attorneys for the Wabash Railroad and, also, attorneys for the Columbia Special Road District.
Mr. McBaine was once called to Wisconsin to teach in the Summer Law School of the University of Wisconsin, and twice to Columbia University Law School. He is also a teacher in the Missouri Law School.
Mr. McBaine is a director in the Exchange National Bank, and his firm are attorneys for that bank.
DON C. CARTER
Like his distinguished father, Don C. Carter has been the only lawyer in Bourbon township for some time. He is on one side of every case tried in, or appealed from that township. Mr. Carter enjoys an extensive practice in Boone, Audrain, and Randolph counties. He is equal to almost any emergency that may arise in the midst of a trial.
In his younger days, however, Mr. Carter was defending a man who was charged with larceny; and in rebuttal, the state proved that
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the defendant's general reputation for morality was not good. Feeling that his duty to his client demanded that he ask some questions of one of the character witnesses, Mr. Carter inquired if the witness had ever heard any one say that the defendant would steal. The willing witness promptly said that he had. "Who was it?" asked Mr. Carter. "His brother!" said the witness. "Which brother?" asked Attorney Carter. "Both of them!" said the ready witness. The defendant was convicted.
An old citizen of Sturgeon once said, "When you get Tom Carter on one side of a case, and Don Carter on the other, there is going to be fun in court."
Mr. Carter brought suit against a lady for alienating the affec- tions of the husband of his client. All the parties lived in or near Sturgeon; so Carter was familiar with them. When the defendant arranged to have a Columbia lawyer to visit Sturgeon and consult with her, Carter knew of the day and the train on which the lawyer would arrive. So he had a witness to be at the depot in Sturgeon and watch ; and, as he expected, the husband of the plaintiff met the attorney at the train and took him to see the defendant. This was brought out in evidence at the trial, and the effect on the jury was favorable to the plaintiff.
BOYLE G. CLARK
Boyle G. Clark, who is named for a prominent Boone county lawyer, Judge Boyle Gordon, was one of the prize debaters at the Columbia High School and Missouri University. He began the practice of law in Moberly, Missouri, but soon returned to Columbia. For several years he has been attorney for the county collector, in the collection of back taxes.
One of Mr. Clark's first cases was tried before a cross-roads justice, who was not well acquainted with the Missouri decisions ; but he thought he knew how the reports ought to look. Mr. Clark had his set of Missouri reports rebound, and a green colored binding had been used, instead of sheep or tan buckram. When he offered to read from one of these green bound volumes, the attorney on the other side objected, as the United States Agricultural reports were not the law in Missouri. The justice sustained the objection.
Mr. Clark defended two young men, residents of Black Foot, who were charged with disturbing religious worship at a Holiness church. One witness for the state testified that he was inside the church and that he heard the two defendants on the outside talking loud enough to be heard a quarter of mile. Mr. Clark wanted to know what they
COL. E. C. MORE
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said, but the witness said he did not hear what they said. "Well," said Mr. Clark, "if they were talking loud enough to be heard a quarter of a mile, why was it you could not hear what they said?" "Because," said the witness, "the preacher was talking mighty loud." The jury thought the defendants talked loud enough to pay a small fine.
Mr. Clark was employed by the Missouri statute revision com- mission in 1909-10 and assisted in arranging the criminal code for. the new statutes. He was secretary of Columbia's first chautauqua, in 1908.
Mr. Clark is a Presbyterian, an Odd Fellow and Elk.
H. A. COLLIER
"Jack" Collier, as he is universally known, is the grandson of a lawyer, and has been active in politics as well as the practice of law. He served as clerk of important committees in both branches of the Missouri legislature, and made a fine record as engrossing clerk of the senate of 1915. As city attorney of Columbia, Mr. Collier repre- sented the city at a time when there were many damage suits on account of street paving and change of grades. He also assisted in revising the city ordinances.
While city attorney of Columbia, Mr. Collier cross-examined a negro woman in the police court, claiming that she had disturbed the peace. Then he asked her if she was not arrested for such conduct to which she replied that she was not. Mr. Collier again asked if she was not arrested by one of the city policemen, and again she replied that she was not. Calling the name of the officer, Mr. Collier asked what he did with her immediately after this difficulty, and the woman replied : "He took me and locked me up in jail, but he never arrested me."
Judge Ben M. Anderson says that several years ago Mr. Collier, whose ancestry had always been taught to speak of the "gentleman on the other side", had a case before a justice of the peace near Roche- port, and that the defendant had employed no counsel. When the case was called, it was discovered that the defendant was a Ph. D., M. D. and L.L. D., and quoted law like one qualified for a position on the supreme bench. Whereupon Mr. Collier, with the manners of a Chesterfield, suggested that, not knowing he would be opposed by a doctor, a lawyer and a theologue, he would have to ask for a con- tinuance, in order that he might have time to analyze the grave ques- tions at issue. Realizing that Mr. Collier was taken by surprise, the justice granted the continuance.
Mr. Collier is an Elk.
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T. T. SIMMONS
T. T. Simmons has had two positions which have enabled him to learn much of human nature, and at the same time given him an experience in legal matters. He was police judge of Columbia one term, and became familiar with municipal law; and he was claim agent of the M., K. & T. railroad for three years, and learned corpora- tion law by practical experience.
While police judge, a colored woman made complaint regarding the misconduct of her husband, who worked at the Brown's Station coal mines. She said that he failed to come home Saturday night, and she learned that he had purchased a pair of lady's shoes, but had been unable to ascertain the name of woman for whom the shoes were purchased. A few days later, she saw her indiscreet husband, and took after him, chasing him through the streets of Columbia to the city cemetery, where he tried to hide behind a tombstone. On being asked by Judge Simmons if she had a knife, a pistol or a club, she replied that she did not. "Why, then, did your husband run from you?" asked Judge Simmons. Pointing her finger at her spouse, the woman said, "He ran because I had the evidence against him."
As claim agent, Judge Simmons first visited "Uncle Ef", an old negro near Claysville, whose mule had been killed by a Katy train, and who wanted two hundred dollars for the deceased animal. After lis- tening to the many excellent qualities of the mule, Judge Simmons offered Ef ten dollars in full settlement, and the negro promptly ac- cepted the offer. Later, it was learned that the mule was blind and had only cost the negro five dollars, and he sold the hide and carcass for three dollars.
Judge Simmons belongs to the Christian church and the Knights of the Maccabees.
RALPH T. FINLEY
For several years prior to practicing law, Ralph T. Finley was engaged in the abstract business with W. K. Bayless, of Columbia, and in that way became thoroughly familiar with land titles. Mr. Finley enjoys the distinction of being the leading counsel in a suit for slan- der of title, the only suit of that character ever brought in Boone county, and he gained the case (see Long vs. Rucker, 177 Mo. App. 402).
Mr. Finley is active in Masonic circles, and is frequently sent to neighboring lodges.
JUDGE N. D. THURMOND
LAKENAN M. PRICE
HENRY S. BOOTH
W. M. DINWIDDIE
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Messrs. Finley and Sapp were attorneys for the circuit clerks as- sociation of the state, and attended to their suit in the supreme court, in which the constitutionality of the act of March 26, 1915, was decided.
They are now attorneys for the Central Bank of Columbia.
RUSSELL E. HOLLOWAY
Although one of the younger members of the bar, Russell E. Hol- loway has made a reputation as one of the best collecting attorneys in the county. If any tardy debtor has any property or expects to have any property, and the claim against him is placed in Holloway's hands, the debtor is anxious to make peace with his creditor.
At the trial of a colored divorce case, Mr. Holloway represented the husband, and the wife desired alimony. When the question was asked the husband what real estate he owned, he replied, "I own one small place, but it is pawned to Mr. Holloway."
WM. H. SAPP
W. M. Dinwiddie tells the following on Mr. Sapp, and on such authority, the same cannot be doubted :
When Wood Sapp and I began practicing law, the first case that came to us was a divorce case, and we were asked to represent the defendant. There had been thirty days service, and the case was set for the fourth day of that term; but we filed no answer. When the case was called, Wood thought he would be the leading attorney, so he spoke up and told the court that we would take the three days to answer in. A number of lawyers laughed, and I saw that a mistake of some kind had been made, so I laughed, too. Wood turned to me and said, "What are you laughing about, you don't know any more than I do about this?"
In 1914, Mr. Sapp was the successful candidate for representa- tive, and, during the contest in the primary, the only thing that his op- ponents could say against him was that he was a lawyer and a bach- elor. One of his opponents used about this language: "There is my young friend, Wood Sapp, who is a lawyer. You know a lawyer is like a livery horse ; he hires out first to one man and then to another." Although Mr. Sapp is a brother of Sheriff G. B. Sapp, a cousin of Assessor P. H. Sapp and a cousin of Treasurer J. W. Sapp, all of which was told during the campaign, he defeated Rev. W. S. St. Clair, Richard Cook, Dr. C. O. Davidson and Thomas C. Scruggs.
Mr. Sapp has the distinction of being one of the youngest men to represent Boone county in either branch of the general assembly.
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At the democratic caucus, Mr. Sapp made the speech nominating James P. Boyd, of Monroe county, for speaker of the house of representa- tives in 1915, and it was so eloquent and flowery that Mr. Boyd re- ceived the caucus nomination and was elected. Mr. Sapp was chair- man of the University committee, and a member of other important committees.
Mr. Sapp is a Baptist and an Elk.
DINWIDDIE AND ROLLINS
Two of the younger members of the bar are W. M. Dinwiddie and Jas. S. Rollins, Jr. (better known as Morris Dinwiddie and Sid- ney Rollins) ; and they were associated together in the practice of law before the election of Mr. Dinwiddie to the office of prosecuting attorney. Mr. Dinwiddie then used good judgment and appointed Mr. Rollins his assistant. At the first term of court after they began prosecuting, these gentlemen were remarkably successful. They se- cured nine convictions, two acquittals and one hung jury, besides eighteen pleas of guilty.
Before beginning the practice of law, Mr. Dinwiddie taught school three years in Randolph county, and Mr. Rollins was raised on a farm, "Grasslands", on the Providence road. Mr. Rollins is a member of the Episcopal church.
Mr. Dinwiddie was the first to suggest the Country Club in Co- lumbia, and was active in its organization.
GEO. S. STARRETT
After serving as assistant prosecuting attorney, and proving him- self to be a good trial lawyer, Geo. S. Starrett ran for prosecuting · attorney in 1914, and lacked only a few votes of securing the demo- cratic nomination. A complete report of Mr. Starrett's official career must be told by some other author of an edition of this book which may appear in later years.
On December 1, 1914, Mr. Starrett was appointed city attorney of Columbia, to fill out the unexpired term of W. M. Dinwiddie, who resigned to begin the duties of prosecuting attorney. As was ex- pected, Mr. Starrett is making good.
Mr. Starrett is attorney for the Knights of the Maccabees, and was elected delegate from that order to represent Missouri at the National gathering during the Panama-Pacific Exposition.
Mr. Starrett and Lakenan M. Price revised the city ordinances of Columbia in 1915, and the work, although very difficult, was well done.
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In July, 1915, Mr. Starrett was unanimously chosen captain of the lawyers' base ball team, the first official of that new organization. Those who played with him were T. K. Catron, pitcher, Wm. H. Sapp, catcher, W. M. Dinwiddie, J. S. Rollins, Lee Walker, F. G. Harris, Lakenan M. Price, Ralph T. Finley and D. W. B. Kurtz. The first game was played by the lawyers with the Columbia bankers, on Rollins Field, and resulted in favor of the bankers by a score of twenty to three.
THOMAS A. STREET
Prof. T. A. Street, of the University Law School, is one of the honored members of this bar who is now engaged as a law writer in a foreign land. Prof. Street is a Presbyterian, and was interested in religious work while in Columbia. He delivered an address in the new Y. M. C. A .. building one Sunday afternoon shortly after the completion of that building. His subject was "Christian Courage", but unfortunately some loose plastering interrupted his talk by falling from the ceiling, near where he stood, and Prof. Street forgot his theme. Mr. J. S. Moore, general secretary of the Y. M. C. A., says Prof. Street ran to a nearby window and jumped through the large glass, lighting on the ground some feet below, fortunately without injury.
LEE WALKER
Lee Walker, while born and partly raised in St. Charles county, spent most of his boyhood days in Columbia. He graduated from the Missouri University and was a Phi Beta Kappa of 1910, and then graduated in law and was a Phi Delta Phi of 1912. He enjoys the distinction of being the only law graduate to be appointed teacher of law, and begin teaching the next year.
Mr. Walker began his professional career by presenting some matter to the county court. In describing his experience, he said, "It is a good court, I reckon, but the three judges were trying three different cases at the same time."
Mr. Walker prepared the constitution and by-laws for the Boone County Bar Association, to be seen elsewhere in this book.
HERLEY S. DAILY
In May, 1911, the Boone county lawyers had a picnic and fish fry at Dully's Mill on Cedar Creek, and most of the members were in attendance. Herley S. Daily, a young lawyer, was there, and as- sisted in arranging the spread for dinner, placing everything on the
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ground beneath a giant oak. Just before the others were called to dinner, Mr. Daily sat down, but by accident sat on a cherry pie, which made a lasting impression on his Palm Beach suit. In order to prevent his brothers in law from ascertaining the truth, Mr. Daily remained seated on the ground till dark. But the boys found it out, and Daily furnished the cigars.
At the lawyers picnic the next year at McBaine, a mock trial furnished the entertainment, and Mr. Daily was tried for insanity, and of course he was convicted. The proof of insanity consisted in practicing deception on the members of the legal profession, while at- tending the annual picnic the year before.
Before engaging in the practice of law, Mr. Daily was in the merchant-tailoring business.
D. W. B. KURTZ, JR.
Daniel Webster Boon Kurtz, Jr., is one of the few Boone County lawyers to be named for a man of National reputation. He enjoys the further distinction of being one of the few Boone county lawyers to have been seriously wounded, while attending to his duties as a practitioner. In 1912, Mr. Kurtz was endeavoring to collect an account for a client, and had brought suit on the same, when he was assaulted and stabbed on the face. Although suffering from the wound, he wrote a letter to the circuit court and asked to have his assailant pa- roled, which was done.
Mr. Kurtz was retained to defend a man charged with a felony, and he received a pair of mules for his fee. Later on, the son of the defendant brought suit for the mules, claiming that the animals be- longed to him, and a jury in the justice of the peace court found in his favor and against Mr. Kurtz.
Mr. Kurtz graduated from the medical department of the Mis- souri University and practiced medicine for four years, the only physician, so far as known, who has reformed sufficiently to become a lawyer.
N. B. HAYS
Napoleon B. Hays, formerly attorney general of Kentucky, has recently moved to Boone county, and is practicing law in partner- ship with his son, Hume Hays. General Hays was attorney general at the time of the prosecution of the men charged with the murder of Governor Gobel, and he also represented the commonwealth in many antitrust prosecutions. He has practiced extensively in Oklahoma,
BOYLE G. CLARK
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Kansas and other states. He was attorney for the Boone county court in the case with the Columbia special road district, a suit over the road and bridge tax.
LAKENAN M. PRICE
Mr. Price practiced law for several years in Washington, and there devoted himself largely to admiralty law. He represented a ship- owner in a libel suit, so-called, which was an action by the owner of another ship for damages. It was claimed that Mr. Price's client's ship was standing in the harbor channel at night; and failed to have lights in sight and the bell ringing; and that the plaintiff's ship was injured by reason of a collision. Mr. Price filed a cross-bill, in which he claimed the plaintiff had damaged his ship two thousand dollars by reason of negligently running against the vessel. As the crew on Mr. Price's ship made good witnesses, he gained his case.
Mr. Price was connected with another interesting case, which was unusual. A California man left his wife and three children and ran off with another woman, moving to Washington, where he died. His wife wanted his body shipped to her, but the second woman refused to give it up. So determined was the woman in possession that she had the body cremated, and the ashes were carefully placed in an urn · and put in a vault of a safety deposit company. Mr. Price did not know whether to bring a replevin suit, or an attachment suit, or gar- nishee the safety deposit company, or just what to do, as the ashes had no value. He finally negotiated a compromise. He secured the money and personal property of the deceased husband, which he sent to the lawful widow, and allowed the paramour to keep the vase of ashes.
Mr. Price is attorney for the Merchants' Retail Association.
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