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 4

Author: Gentry, North Todd, 1866-1944
Publication date: 1916
Publisher: Columbia, Mo.
Number of Pages: 446


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 4


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28


47.


BOONE COUNTY BAR


Young, Samuel A., Columbia ; born in Kentucky ; admitted to bar in Boone county in 1846; state senator ; colonel of Missouri forces in Kansas war; died in Lawrence, Kansas, in 1863.


Young, Fred B., Columbia ; born in Kentucky; admitted to bar 1872; private in Southern army in Civil War; deputy circuit clerk and deputy county clerk of Boone county; moved to St. Louis in 1881 ; thence to Dent county ; died in Lebanon, Missouri, in 1907.


Yantis, James A., Columbia; born in Saline county ; admitted to bar in Arkansas ; enrolled in Boone county in 1887 ; teacher in Missouri University Law School; moved to Muskogee, Oklahoma, in 1903 ; died there in 1904.


Youdan, J. Claud, Sturgeon ; born in Michigan; admitted to bar in 1901; moved away in 1902.


Zook, Ellsworth E., Columbia; admitted to bar in 1905; moved to Philippines in 1906.


OTHER BOONE COUNTY LAWYERS


Aside from those who practiced law in this county are a number of Boone county men who have attained distinction as lawyers since leaving Boone county.


John F. Philips, who was born and reared near Rocheport, is now living in Kansas City. He has served as colonel in the United States army during the Civil War, congressman, commissioner of Missouri Supreme Court, judge of the Kansas City court of appeals, and judge of the United States circuit court for Western District of Missouri.


Gardiner Lathrop, son of the first president of the Missouri Uni- versity, is a citizen of Kansas City, and has been president of the Kansas City Bar Association. He is now general solicitor of the Atchison, Topeka & Santa Fe Railroad.


Virgil M. Harris, of the Model Farm, moved to St. Louis, and became a corporation attorney, financier and author.


Joseph H. Maupin, of Columbia (a grandson of Judge Joseph W. Hickam), served two terms as attorney general of Colorado.


Irvin A. Barth, of Columbia, has been practicing law for several years in St. Louis and is a teacher in the St. Louis Law School. He was elected judge of the circuit court of St. Louis in 1912.


Wm. W. Henderson, a Columbian by birth and a son of Judge Jas. A. Henderson, was elected judge of the probate court of St. Louis in 1898.


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THE BENCH AND BAR OF BOONE COUNTY


Charles H. Mayer, a native of Sturgeon, moved to St. Joseph and served as city attorney of St. Joseph and as state senator.


Wm. B. Hale, of the Two-Mile Prairie neighborhood, is practicing law in New York, and is one of the legal writers and editors of the American & English Encyclopedia of Law.


Ben E. Todd, a son of Robert L. Todd, also of Columbia, is a lawyer in Kansas City, and teacher in the Kansas City Law School.


Robert H. Davis, of the Wilton neighborhoood, is now prac- ticing law in Joplin. He served two terms as prosecuting attorney of Lawrence county, Missouri.


RELATIONSHIPS


John R. Bedford was the uncle of W. Archie Bedford and Jno. S. Bedford, and the cousin of the Robinsons.


Wm. J. Babb, Henry B. Babb and Jerry G. Babb are brothers ; they were brothers-in-law of T. B. Gentry.


Henry S. Booth and John N. Booth are brothers.


Walter E. Boulton was a son of Judge Jesse A. Boulton.


Thomas S. Carter was the father of Don C. Carter.


Boyle G. Clark is a second cousin of N. T. Gentry and Wm. R. Gentry ; also a second cousin of Wm. P. Coleman.


M. R. Conley and James P. McBaine are second cousins.


Walter W. Garth was the son-in-law of Jno. M. Samuel.


Jno. B. Gordon, David Gordon and Jas. M. Gordon were brothers ; and Jno. B. Gordon was the father of Boyle Gordon, Wellington Gor- don, Emmett Gordon and Carey H. Gordon. Wellington Gordon was the father of M. Fleetwood Gordon. Irvin Gordon and Webster Gor- don were brothers, and they were nephews of Jno. B., David and Jas. M. Gordon. And John M. Gordon was a cousin of the other Gordons. From 1826 to 1911, Boone county had at least one Gordon who was a practicing attorney.


Odon Guitar was also a nephew of Jno. B., David and Jas. M. Gordon, and a cousin of the other Gordons. Abiel Leonard Guitar is a son of Odon Guitar, and the grandson of Abiel Leonard.


Thomas B. Gentry was the brother of R. H. Gentry and the son of Richard Gentry. Thomas B. Gentry was the father of two sons, North Todd Gentry and William R. Gentry. He was also the first cousin of Boyle, Wellington, Emmett and Carey H. Gordon. N. T. and Wm. R. Gentry were the nephews of Robert L. Todd and Jno. N. Todd ; and the two last named were the sons of Roger North Todd, a brother of Judge David Todd.


-


JUDGE WILLIAM A. HALL


49


BOONE COUNTY BAR


Jas. C. Gillespy is the uncle of James E. Boggs.


Wm. G. Haydon and Curtis Haydon are brothers, and grandsons of Judge Gilpin S. Tuttle.


Jas. A. Henderson was a brother-in-law of Wm. F. Switzler, and the father of Wm. W. Henderson.


Judge John Hinton was the father of Dean Edward W. Hinton.


N. B. Hays is the father of Hume A. Hays.


Ruby M. Hulen is a great-grandson of Justice Wm. W. Tucker, and a third cousin of R. S. Pollard, deputy circuit clerk.


Wm. H. Hulett is a son of Justice J. W. Hulett, and a brother- in-law of Don C. Carter.


J. V. C. Karnes and J. E. Crumbaugh were brothers-in-law. Mr. Karnes married a niece of Thomas B. Gentry.


Sinclair Kirtley was the uncle of Francis K. Lynch.


James H. Moss was the son-in-law of Warren Woodson, and a cousin of E. C. More.


Jno. F. Murry, Jerry H. Murry and Harvey D. Murry were broth- ers, and claimed to be of Irish descent.


F. W. Niedermeyer was the son-in-law of Hiram C. Pierce, and Mr. Pierce was the son-in-law of Judge James Harris, who was the father of Judge David H. Harris.


Judge Alexander Persinger was the father of James B. Per- singer.


R. B. Price, Jr., and Lakenan M. Price are brothers. Their aunt married Frank P. Blair, Jr.


B. F. Robinson and Lewis W. Robinson were brothers; and J. DeW. Robinson was the son of B. F. Robinson, and a cousin of Wm. H. Robinson. W. Archie Bedford was a cousin and nephew by mar- riage of J. DeW. Robinson. John R. Bedford was a brother-in-law of J. DeW. Robinson.


James S. Rollins was the father of Curtis B. Rollins, and the grandfather of Frank B. Rollins, James Sidney Rollins, Jr., and Curtis B. Rollins, Jr. Jno. H. Overall was the son-in-law of James S. Rollins.


Francis T. Russell was the brother of Judge Thomas A. Russell, and the grandfather of D. W. B. Kurtz, Jr.


James W. Schwabe is the uncle of Geo. B. Schwabe.


James Jasper Searcy was the uncle of L. T. Searcy.


C. B. Sebastian is the father of Henry G. Sebastian.


James R. Shields and Wm. S. Pratt were cousins ; and grandsons of Judge William Shields.


Richard J. Smith was the father-in-law of Andrew J. Harbinson. John F. Stone was a cousin of Charles H. Hardin.


4


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THE BENCH AND BAR OF BOONE COUNTY


Senator Wm. J. Stone and Squire Turner were brothers-in-law. Wm. F. Switzler and Lewis M. Switzler were brothers, and War- ren Switzler was the son of Wm. F. Switzler.


David Todd was the father of Robert B. Todd.


A,. W. Turner was the father of Squire Turner. Squire Turner was the father of A. W. Turner, Jr., and the father-in-law of Edward W. Hinton.


Kirk B. Turner was a cousin of the Turners above mentioned.


Charles J. Walker is the father of Lee Walker.


Samuel A. Young was the father of Fred B. Young.


CHAPTER III


LAWYERS ACTIVE AND PROMINENT


LAWYERS IN SENATE AND HOUSE


The bench and bar of Boone county have been well represented in both branches of the Missouri legislature; and it is said that some Boone county lawyers of today have legislative aspirations. A complete list of the senators and representatives from Boone county is here given; which shows that there were thirteen senators and eighteen representatives who were lawyers; besides several county judges and justices of the peace, who were members of our legislative bodies.


REPRESENTATIVES


1822-1824, Peter Wright, David C. Westerfield, Elias Elston. (Mr. Elston died and James W. Moss was elected to fill the unexpired term.)


1824-1826, Peter Wright, John Slack, David C. Westerfield. (Mr. Westerfield died and Thomas W. Conyers was elected to fill the unexpired term.)


1826-1828, Tyre Harris, Thomas W. Conyers, Wm. Jewell.


1828-1830, Sinclair Kirtley, William S. Burch.


1830-1832, John B. Gordon, William S. Burch, Daniel P. Wilcox.


1832-1834, John B. Gordon, Tyre Harris, Oliver Parker.


1834-1836, John B. Gordon, Thomas C. Maupin, Sinclair Kirtley. 1836-1838, John B. Gordon, Thomas C. Maupin, Archibald W. Turner, Michael Woods. (Mr. Woods died and Austin A. King was elected to fill the unexpired term.)


1838-1840, John B. Gordon, David M. Hickman, James S. Rollins, Alexander Persinger, Tyre Harris.


1840-1842, David M. Hickman, James S. Rollins, Alexander Per- singer, George Knox, Tyre Harris.


1842-1844, William Smith, Matthew R. Arnold, William Rowland.


1844-1846, George Knox, Sinclair Kirtley, William Jewell.


1846-1850, William F. Switzler.


1850-1852, Absalom Hicks, Lewis W. Robinson, Steward B. Hatton.


(51)


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THE BENCH AND BAR OF BOONE COUNTY


1852-1854, James M. Gordon, Stephen Wilhite, David H. Hickman.


1854-1856, James S. Rollins, Odon Guitar.


1856-1858, William F. Switzler, Joseph B. Douglass.


1858-1860, Odon Guitar, James Harris.


1860-1862, John W. Harris, James M. Gordon.


1862-1864, William Slade, William W. Todd.


1864-1866, John W. Harris, Boyle Gordon.


1866-1868, James S. Rollins, Rollin Lyman.


1868-1870, Francis T. Russell, Tyre Harris.


1870-1872, A. G. Newman, John L. Bass.


1872-1874, Squire Turner.


1874-1879, W. R. Wilhite.


1879-1883, Jas. W. Kneisley.


1883-1885, Jas. M. Proctor.


1885-1891, Jas. W. Kneisley.


1891-1893, D. W. B. Kurtz.


1893-1895, Jno. L. Paxton.


1895-1897, Henry Jenkins.


1897-1899, Wm. H. Truitt, Jr.


1899-1901, Jas. W. Kneisley. (Captain Kneisley died three weeks after the session began, and Webster Gordon was elected to fill the unexpired term.)


1901-1903, Wm. F. Roberts.


1903-1907, Jas. C. Gillespy.


1907-1911, Morton H. Pemberton.


1911-1915, Frank G. Harris.


1915- Wm. H. Sapp.


Representatives Westerfield, Slack, Maupin, Woods, D. M. Hick- man, Smith, Rowland, Hatton, Stephen Wilhite, James Harris, Jno. W. Harris, Lyman, Bass, W. R. Wilhite, Kurtz and Roberts were farmers ; Representatives Kirtley, J. B. Gordon, A. W. Turner, King, Rollins, Persinger, Robinson, J. M. Gordon, Guitar, Douglass, B. Gor- don, Russell, S. Turner, Truitt, Web Gordon, Gillespy, Pemberton, F. G. Harris and Sapp were lawyers; Representatives Parker, Knox, Tyre Harris, Newman, Proctor, Paxton and Jenkins were merchants ; Representatives Moss, Jewell, Wilcox, Arnold and Todd were physi- cians ; Representative D. H. Hickman, a banker ; Representative Switz- ler, an editor; Representative Conyers, a tanner ; Representative Wright, a surveyor ; and Representative Kneisley, a carpenter.


JUDGE GEO. H. BURCKHARTT


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LAWYERS ACTIVE AND PROMINENT


STATE SENATORS


1822-1826, A. J. Williams 1868-1872, Jas. S. Rollins


1826-1830, Richard Gentry


1872-1874, Chas. H. Hardin


1830-1834, William Jewell 1875-1877, Dan'l H. McIntyre


1834-1838, Alex M. Robinson


1877-1879, Jno. A. Flood


1838-1840, Thomas C. Maupin


1879-1881, Jno. A. Hockaday


1838-1840, Archibald W. Turner


1881-1885, Jas. L. Stephens


1840-1842, Sinclair Kirtley


1885-1889, Jas. M. Proctor


1840-1842, Hiram Phillips


1889-1893, Sam C. Major


1842-1846, Tyre Harris- 1893-1897, N. M. Baskett


1846-1850, Jas. S. Rollins


1897-1901, Ben M. Anderson


1850-1854, Sam'l A. Young 1901-1903, Thos. L. Rubey


1854-1856, Alex M. Robinson


1903-1907, Chas. J. Walker


1856-1860, Lewis W. Robinson


1907-1911, A. H. Drunert


1860-1862, Chas. H. Hardin


1911-1915, S. P. Beaven


1862-1866, Jas. M. Gordon


1915- Frank G. Harris


1866-1868, Paul Hubbard


Senators Williams, Stephens and Proctor were merchants; Sena- tor Gentry, a tavern keeper ; Senators Maupin, Phillips and Tyre Harris were farmers; Senators Jewell, Baskett and A. M. Robinson were physicians ; Senator Hubbard, a dentist; Senator Rubey, a teacher ; Senator Anderson, a real estate dealer, and Senator Beaven was ex- probate judge of Callaway county. The remaining senators were lawyers.


Senators Hardin and McIntyre lived in Audrain county ; Senators Flood, Hockaday and Beaven lived in Callaway county ; Senator Major lived in Howard county ; Senator Baskett lived in Randolph county ; Senator Rubey then lived in Macon county; Senator Drunert lived in Montgomery county ; and Senator Walker, when he was first elected, lived in St. Charles county. The district was changed, he moved to Boone county and was re-elected. The remaining senators lived in Boone county.


CIRCUIT, COUNTY AND PROSECUTING ATTORNEYS


Under different statutes, the different offices of circuit attorney, county attorney and prosecuting attorney have been created, and the following are the lawyers who have filled those positions since the organization of Boone county. It will be noticed that most of these lawyers did not live in Boone county ; Hamilton R. Gamble, Abiel


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THE BENCH AND BAR OF BOONE COUNTY


Leonard, John Wilson, Charles French and Robert T. Prewitt lived in Howard county ; William B. Napton lived in Saline county ; Robert W. Wells and Samuel M. Bay lived in Cole county ; Jno. F. Williams, Wm. C. Barr and Jno. H. Overall were from Macon county ; H. M. Porter from Randolph county, and Jno. A. Flood from Callaway county.


CIRCUIT ATTORNEYS


1821-1824, Hamilton R. Gamble 1848-1853, Chas. H. Hardin


1824-1826, Abiel Leonard 1853-1857, Robert T. Prewitt


1826-1827, Charles French 1857-1861, Jno. F. Williams


1827-1828, John Wilson 1861-1862, H. M. Porter


1828-1836, Robert W. Wells 1862-1865, A. J. Harbinson


1836-1837, Wm. B. Napton 1865-1869, Wm. C. Barr


1837-1838, Samuel M. Bay 1869-1872, Jno. H. Overall


1838-1848, Jas. M. Gordon 1872-1873, Jno. A. Flood


COUNTY ATTORNEYS


1848-1852, Jas. S. Rollins 1863-1865, Boyle Gordon


1852-1863, Odon Guitar 1865-1873, Wellington Gordon


PROSECUTING ATTORNEYS


1873-1875, Wellington Gordon 1893-1897, Jas. L. Stephens


1875-1881, Shannon C. Douglass 1897-1903, Jerry H. Murry


1881-1883, J. DeW. Robinson 1903-1909, Frank G. Harris


1883-1885, C. B. Sebastian


1909-1911, L. T. Searcy


1885-1891, Carey H. Gordon 1911-1915, Emmett C. Anderson


1891-1893, J. DeW. Robinson 1915- W. M. Dinwiddie


The office of county attorney was established by the Act of February 25, 1843 (see Session Acts of Mo. 1842-1843, page 17) : but it was left to the discretion of the county court to appoint one. The reason there was no county attorney of Boone county from 1343 to 1848 was that James M. Gordon was circuit attorney from 1838 to 1848, and he lived in Boone county, discharging the duties of county attorney. Sinclair Kirtley, John B. Gordon and Benjamin F. Robinson were employed as county attorney at various times prior to 1843. For some time after this office was established, the salary was fifty dollars per annum.


John H. Overall lived in Macon county at the time he became circuit attorney, but moved to Boone county during his term.


55


LAWYERS ACTIVE AND PROMINENT


LAWYERS' FOURTH OF JULY


On July 4, 1827, the ladies of Columbia furnished the dinner and the Boone county lawyers furnished the oratory at a celebration on the court house square. Judge Warren Woodson presided, and speeches were delivered as follows: John B. Gordon, "Henry Clay, the orator and statesman ; his bold and giant exertions in behalf of the political rights of Missouri can never be forgotten by her grateful citizens"; Jesse T. Wood, "The virgin purity of elections-her pres- ervation essential to the perpetuity of our government; cajoled by an European parasite; debauched by a Kentucky libertine; she will in future avoid their incestuous embraces"; Sinclair Kirtley, "General Lafayette, the compeer of Washington, the patriot of the world; his name will be a watchword to the sons of freedom, while tyrants have a foe. May the sunset of his day be as peaceful as its meridian was glorious".


On July 4, 1842, the bench and bar of Boone county showed patriotism by having a celebration, far surpassing anything of its kind in recent years. Judge David Todd presided, Judge John Slack was vice president, Col. Wm. F. Switzler was secretary, and Judge John Vanhorn was marshal. The Declaration of Independence was read by John R. Bedford, and an oration was delivered by Wm. A. Robards, the exercises being held under the shade of a sugar grove.


A rainstorm compelled the celebrants to seek the shelter of a nearby church, when toasts were responded to as follows :


By Robert L. Todd: "The State University, our pride and boast. Palsied be the hand or tongue that would do or say anything to produce jealously or dissension among the good people of this land in relation to its usefulness. An editor somewhere in Jackson county has at- tempted this thing; may he have the gout in his toes and chilblains in his fingers when he may attempt another such essay."


By Judge Warren Woodson: "George D. Foote, Elliott P. Cun- ningham and Phineas Kenyon, contractors for building the principal edifice of the University of the State of Missouri, whose fidelity. skill and untiring efforts in the discharge of their undertakings are only equalled by the liberality of the citizens of Boone in their dona- tions to said object."


By James H. Moss: "May the utility of their country ever be the mainspring in directing the actions of American citizens."


By James S. Rollins: "The Constitution of the United States, the richest boon bequeathed by the patriots of 1776 to their posterity,


56


THE BENCH AND BAR OF BOONE COUNTY


let us cherish and maintain its principles with the same patriotic de- votion which actuated our forefathers in its adoption."


By John R. Bedford: "John Tyler ; a political shuffler, what he loses in dancing he makes up in turning around."


EXAMINATION FOR ADMISSION


Under the old law, the circuit court appointed a committee of lawyers to examine the applicant for admission to the bar, and the examination often took place in private. The private examination occurred at a time when the lawyers were busy and usually was no examination at all. The examination in open court frequently oc- curred when the court was busy, often behind with the docket, so it many times was formal. Mr. Wellington Gordon said that a certain justice of the peace, who had played checkers in a law office long enough in his estimation to be admitted to the bar, was examined in open court in this county. He was asked to explain the difference be- tween an executor and an administrator. "To the average man," said he, "there is no difference ; but to the legal mind, there is a marked dif- ference. An administrator has charge of a man's business after his death ; while an executor has charge of his business before death." He was then asked to explain the difference between a man who died tes- tate, and one who died intestate. His explanation was that a man died testate when he owned some property ; but he died intestate when he owned no property ..


To the Boone County Bar Association as much as any other or- ganization is due the credit of the present statute, which provides for a state examining board and the legal standard for admission to the bar.


LAWYERS' LICENSES


On January 23, 1847, Thomas C. Maupin, sheriff and collector. reported to the county court that he had collected license from Jas. M. Gordon, Wm. A. Robards and F. T. Russell, $2.50 each.


On September 14, 1847, a similar report was made to the county court, which showed that A. O. Forshea, Jas. S. Rollins and David Todd paid the same license.


On May 14, 1849, Wm. T. Hickman, sheriff and collector, re- ported that he had collected licenses from auctioneers, dramshop keep- ers, tavern keepers, peddlers, physicians and lawyers. The lawyers' licenses were collected from A. L. Vandiver, Garey & Robinson and Russell & Persinger, $2.50 each.


57


LAWYERS ACTIVE AND PROMINENT


On August 13, 1850, Wm. T. Hickman reported that he had collected lawyers' license from Jno. B. Gordon and John M. Myers, $2.50 each.


Strange as it may seem, lawyers as well as physicians, were re- quired to pay for a license in the "good old days," as provided by Session Acts of Mo. 1847, p. 124. All lawyers or firm of lawyers were required to deliver to the collector a written statement containing the amount of business done by such attorney or firm within the preceding twelve months; and a tax of $2.50 was levied if the fees amounted to five hundred dollars or less, and at the rate of $2.50 on each additional five hundred dollars income. All of the lawyers did not pay this license tax, but nothing seems to have been done with those who were thus derelict.


In 1851, this law was repealed. See Session Acts of Mo. 1850- 51, page 251.


LAWYERS' RACES


Four of the most remarkable races that have been made in Boone county were made by lawyers, two in the county campaign, one in the city of Columbia and the third was in this senatorial district.


J. Sam Banks was admitted to the bar in February, 1894, and was therefore a briefless, clientless as well as penniless lawyer. He was anxious to be city attorney, but could not get any one to nominate him at the democratic city convention. He concluded that he would run as an independent, as he had everything to gain and nothing to lose. He did so, visited every dwelling house in Columbia and secured the aid of the women of Columbia. He told them that his father, Dr. J. W. Banks, had recently died, that his estate proved to be insolvent, on account of the practice that he did for the poor, and that he wanted to get a start, etc. Mr. Banks' name was not printed on any ticket, and every one who voted for him had to write his name on the ballot. But such a fine campaign did he make that he defeated the democratic nominee in every ward of democratic Co- lumbia. Mr. Banks' majority in the city was two hundred and thirty-five.


Walter E. Nicklin moved with his widowed mother to Columbia in 1886, when he entered the law department of the Missouri Uni- versity. Two years later he graduated, and decided to run for public administrator of Boone county. He did not know anybody outside of Columbia, and very few persons in Columbia ; and his opponent was a lawyer of experience and of wide acquaintance in the county, as


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THE BENCH AND BAR OF BOONE COUNTY


well as a fine citizen. Mr. Nicklin got himself a sway-back mare that had a mule colt; and he and the old mare and mule colt visited every election precinct that summer. He told that his opponent had a large private business ; while he had no practice at all, and would be glad to attend to even the smallest estate. Either his argument was convincing, or his mare and colt were pleasing; the result was that Nicklin was successful in the democratic primary of 1888 by a majority of one thousand and sixty votes.


In 1868, Maj. Jas. S. Rollins was a candidate for the state senate, having announced after he learned that his friend, David H. Hickman, had withdrawn. As Major Rollins ran as a liberal republican, most of his friends were unable to vote, owing to disfranchisement. But he secured the certificate of election. However, his election was con- tested; but the senate, a majority of whose members differed with him politically, declared him elected. It might be added that his serv- ices in that body were of the greatest value to his county and state.


In 1876, Wm. J. Babb and Monroe Ellington were young men just out of the University, and each desired to be public adminis- trator of Boone county. On the day that the county democratic convention was held in the court house, they called on a delegate, while the convention was in session, and asked him to nominate both of them and see which would get the most votes. The delegate de- clined, saying they must settle it between themselves, and he would nominate the one they agreed on. Accordingly, Babb and Ellington drews straws, and Babb drew the long straw. Mr. Babb was nom- inated by the delegate, and defeated the then incumbent of that office, who was a candidate for re-election. Mr. Babb was elected at the November election, and re-elected four years later.


LAWYERS AS FRIENDS OF EDUCATION


Not only have the bench and bar of this county been prominent in politics, but they have been ever active in the work of education. In 1829, the Bonne Femme Academy was organized in this county, and Warren Woodson and Sinclair Kirtley were among the first trustees ; also County Judges William Shields, Gilpin S. Tuttle and Overton Harris.


David Todd, Warren Woodson, Jno. B. Gordon and Sinclair Kirtley were among the first trustees of Columbia College, the insti- tution which was organized in 1831, and which has been termed the "seed from which the University grew". Thomas Miller, afterwards a Columbia lawyer, was the first president of Columbia College, and James S. Rollins was the first secretary of the board.


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LAWYERS ACTIVE AND PROMINENT


In 1833, the Columbia Female Academy was organized. Austin A. King was one of the first trustees, and William Shields was the first secretary.


The bench and bar have been specially prominent in their work for the State University. James S. Rollins, properly called the "Father of the University of Missouri", was largely responsible for its creation and its location in Boone county. In this great work, he was ably assisted by David Todd, Warren Woodson, Archibald W. Turner, Sinclair Kirtley, Jno. B. Gordon and Jas. M. Gordon, all of whom liberally contributed to the University fund of 1839. At different times, the following members of the bench and bar of Boone county have served on the board of curators; Priestly H. McBride, Warren Woodson, William A. Robards, Alexander Persinger, James S. Rollins, Lewis W. Robinson, Jno. B. Clark, Odon Guitar, Robert L. Todd, Francis T. Russell, Wm. F. Switzler, Jno. F. Philips, Jno. A. Flood, Jas. H. Moss, Squire Turner, Chas. H. Hardin and Curtis B. Rollins, Judge John A .. Hockaday, Judge John Hinton, and County Judges William Lientz, William Shields, John Slack, Peter Wright and M. R. Arnold. As mentioned elsewhere, R. L. Todd was secretary of the board of curators for a number of years, and J. G. Babb has been sec- retary for the past twenty-five years.




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