The history of Linn county, Missouri. An encyclopedia of useful information, Part 90

Author:
Publication date: 1882
Publisher: Kansas City, Mo., Birdsall & Dean
Number of Pages: 906


USA > Missouri > Linn County > The history of Linn county, Missouri. An encyclopedia of useful information > Part 90


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867


HISTORY OF LINN COUNTY.


1


EARLY RESIDENT LAWYERS.


Some time in 1840 John A. Parsons moved from Rocheport, Boone county, Missouri, and settled at Linneus. He was originally from Boston, Massachusetts, a man of fine education. By. occupation he was a school teacher, but incidentally practiced law in the Circuit Court and justices' courts of the county after he came here. He was the son-in-law of David Prewitt, one of the earliest settlers near Linneus, and has descendants yet living in the county. He died in 1851. His early cotemporary was James Carson, who lived at Linneus, and had a small local law practice in the county. In 1849 or 1850 he started across the plains and died on the way.


In 1845 the limits of the Eleventh Judicial Circuit were changed. Wes- ley Halliburton, of Woodville, Macon county, was at that time the circuit attorney. Macon county was put into another circuit when the change was made, which necessitated a change of residence on the part of Circuit At- torney Halliburton. He removed to Linneus in the fall of 1845. About the same time Carlos Boardman, then twenty-six years of age, a native of Vermont, came from Fayette, Howard county, Missouri, and located at Lin- neus. He had just finished his studies with General John B. Clark and been admitted to the bar at Fayette. Hon. Wesley Halliburton was cir- cuit attorney for two terms, during which time he remained an honored member of the Linn county bar and so continued until 1858, when he removed to Sullivan county.


Judge Boardman has remained a member of the Linn county bar since his first location here; has held several official positions, and his record as a lawyer and public officer is unstained. The members of the present bar respect and honor him, and from his fund of early recollections are gathered many of the facts which help to make a reliable history of the county.


Judge Jacob Smith removed from Marion county, Kentucky, with his family, and located on a farm one mile east of Linneus. His complete biography, in another chapter, will give such items of his personal history as need not be repeated here. Gradually he gave up his trade and his farm- ing, studied law and became a member of the bar, with his office at Lin- neus, rapidly taking rank as an active and leading practicing attorney. In 1861 he was appointed judge of the Eleventh Judicial Circuit by Gov- ernor Hamilton R. Gamble, to fill the vacancy caused by the ousting of Judge James A. Clark. He met his tragic death at the hands of bush- whackers, in Linneus, during 1862. He was a successful lawyer, a popular man, strong and outspoken in his beliefs, and unswervingly loyal to the government for which he suffered death. His good name is a rich heritage for his children, and a source of pride to the profession which he honored.


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HISTORY OF LINN COUNTY.


ADDITIONS TO THE LINN COUNTY BAR.


After John U. Parsons's death, in 1851, Boardman, Halliburton, and Smith had no permanent local cotemporaries for five or six years. In 1856 Wil- lard Long came from Kentucky, and N. E. Quinby from Illinois, located at Linneus and formed the law partnership of Quinby & Long. They prac- ticed here for three or four years, finally dissolved just before the war and left. Willard Long returned to Kentucky where he afterwards died. The last heard of Quinby he was practicing law at Charleston, Mississippi county, Missouri.


Before Quinby and Long came, Young Allison from Louisville, Kentucky, was here for a year or two, but finally returned home to stay. About the same time George Parsons, from Macon county, located at Linneus and soon gained considerable practice, but left in two or three years.


Judge W. H. Brownlee came from Gibson county, Indiana, in 1857. He was then twenty-four years of age, had studied law under Judge Embree, attended the law department of the Indiana University under Judge Mc- Donald, and been licensed in 1855, by Judge Niblack. He opened his of- fice at Linneus, but, like all other young attorneys, had to aid his income by serving as justice of the peace, and in different county offices before and during the Rebellion.


George W. Thompson came also from Gibson county, Indiana, with W .. H. Brownlee in the spring of 1857. He was admitted in 1856. The two began practice together at Linneus under the firm name of Thompson & Brownlee, and so continued until the breaking out of the war, when Thomp- son enlisted and served in different capacities until the war closed, when he was discharged with the rank of colonel. Soon after he was elected circuit clerk of the county, and continued by reëlections in this office until a short time before his death, which occurred at Linneus, in 1871. Colonel Thomp- son was of an extremely social, jovial disposition; had the respect and con- fidence of everyone and died lamented by the entire bar of the county.


In October, 1857, A. W. Mullins, a farmer's boy, who had grown up in that vicinity, was licensed to practice law by Judge Clark. When admitted to the bar A. W. Mullins was twenty-two years old. He began the study of law under Judge Smith and at his solicitation, commencing also his prac- tice as a partner of Judge Smith, which was continued until Smith was ap- pointed judge of the circuit, when Mullins bought out the office and busi- ness. In the winter of 1861, he enlisted as a private in Company C, First Missouri State Militia. The next spring he was commissioned a major in the regular service, and was mustered out in 1865. In the fall of 1862, while in the army, he was elected a member of the State legislature from Linn county. When he returned to Linneus, in 1865, he had not seen the inside of his law office before for three years; many of his books had been


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HISTORY OF LINN COUNTY.


boxed up and put away, and the remainder were badly scattered. He im- mediately opened the same office which he had previously occupied and which he helped to build. In this he has remained ever since, forming no partnerships but usually keeping some student in his office, several of whom he has prepared for successful careers. He rose rapidly to a place among the leading members of the bar of this circuit, and is now recognized as one of the foremost lawyers of the State.


George W. Stephens was licensed by Judge Clark, and became a member of the Linneus bar in 1858. He is a native of Virginia, came to Missouri in 1856, and was thirty-one years old when he was admitted to practice. He remained at Linneus engaged in the profession until after the war. In 1866 he formed with Judge G. D. Burgess the law firm of Stephens & Burgess, which for four years after had the largest practice in the county, at the end of which time the partnership was dissolved, and Stephens retired until 1876, when he again opened a law office at Linneus, and is now engaged in active practice.


THE BAR IN 1860 AND DURING THE WAR.


In 1860 Boardman, Smith, Mullins, Thompson, Brownlee and Stephens constituted the membership of this bar at that time. Outside of Linneus there were no lawyers permanently located in the county until after the war. Judge Harry Lander came to Laclede from Brunswick, Missouri, in 1861, and Gen. I. V. Pratt, of the same place, was enrolled a member of the bar the same year.


Oscar F. Smith, son of Judge Jacob Smith, was admitted and began prac- tice at Linneus in 1860. Pratt, Lander, Thompson, and Mullins enlisted in 1861. Judge Smith was killed in 1862, and Oscar F. Smith enlisted soon after. Thus Boardman, Stephens, and Brownlee were left to hold the of- fices and attend to the very limited law business of that time.


After the death of Judge Smith, Hon. R. A. DeBolt, of Trenton, Grundy county, was elected judge of the Eleventh Judicial Circuit, which position he continued to hold until succeeded by Judge G. D. Burgess, in 1874.


AT THE CLOSE OF THE WAR.


A great change took place in 1865. The former members of the bar re- turned to their homes, and, doffing the epaulets, settled down to regain their practice. The tide of immigration that poured in from the Eastern States, at that time, brought with it many newly fledged, ambitious lawyers, who thought to immediately enter upon and possess the land. Resident ambi- tious young men caught the infection and resolved to secure the attorney's license and join with the throng in reaping the golden harvest.


Major A. W. Mullins returned to Linneus; Boadman, Stephens and Brownlee were still there. Oscar F. Smith did not return, and finally lo- cated at Keytesville, Chariton county. George W. Easley had left the army 54


870


HISTORY OF LINN COUNTY.


in 1863, and began the study of law with Judge W. H. Brownlee; attended the law department of the Indiana University, where he graduated, re- turned to Linneus, and began practice in 1865. He opened a separate office and immediately gained a large business.


Col. B. F. Northcott, a resident Methodist preacher of the county, after his return from the war, in 1865, was admitted to the bar, and began prac- tice at Linneus. His son, B. J. Northcott, in 1865, commenced the study of law with A. W. Mullins and was admitted in October, 1866. He and his father then formed the law partnership of Northcott & Northcott at Lin- neus, which continued until about 1870, when the elder Northcott became president of the North Missouri Central Railroad Company. Afterwards he devoted himself to farming until 1881, when he located at Browning and again opened a law office. After the dissolution of the firm, B. J. North- cott continued his practice at Linneus and is now the senior member of the firm of Northcott & Bigger.


In the spring of 1866, Hon. G. D. Burgess, present judge of the Elev- enth Judicial Circuit, moved to Linneus from Milan, Sullivan county, and with George W. Stephens formed the law partnership of Stephens & Bur- gess, as before mentioned. Judge Burgess at once became one of the lead- ing practicing attorneys of this county, and remained so until he was elected circuit judge in 1874. He was reëlected to the same position in 1880, and has the reputation of being the best circuit judge in the State, a fact. of which the bar of the county is justly proud.


Thus, in 1866, the Linneus bar was composed as follows: The firms of Stephen & Burgess, Northcott & Northcott, and W. H. Brownlee, Carlos. Boardman, A. W. Mullins, and George W. Easely. George W. Thomp- son had been elected circuit clerk, and was out of the practice at that. time.


SOME RECOLLECTIONS.


George W. Easley may be considered the first " native " that was ad- mitted to the Linn county bar. "Wood " Easley was born in Clarke. county, Missouri, December 15, 1841. His father, Thornton T. Easley, moved to Linneus in October, 1842, before Wood was a year old. The old residents of Linneus remember him as a pretty hard case when a boy. He. prided himself on his ability to lick every boy of his size and age in town. His uniform success made him rash and defiant, until he one day attacked a rather quiet, unassuming young ruralist, who gave him a thrashing which he probably remembers yet.


Mr. Easley's education was principally obtained in the common schools of Linneus. He served two years as clerk for his father while the latter was probate judge, and this was his initiation into court business. He was deputy sheriff under Joel Wilkinson in 1863 and 1864; served as pros- ecuting attorney one term; was elected to the legislature in 1876; and


871


HISTORY OF LINN COUNTY.


became general attorney of the Hannibal & St. Joseph Railroad Company in 1879, when he removed to Hannibal and has since continued to occupy the position with the growing reputation of a lawyer of extraordinary abil- ity; a fact of which the people of Linn county, and particularly the bar, of which he began his profession as a member, feel especially proud.


EARLY BROOKFIELD BAR.


There was no attorney located at Brookfield until 1865. In August of that year W. D. Crandall, Jr., came to Brookfield from St. Louis. He had just finished his course of reading under Hon. E. W. Pattison, and been licensed to practice. He was the first lawyer to locate in Brookfield; was followed by A. W. Myers, in November of that year; and Henry Ward, about the same time.


In the spring of 1866 S. P. Huston came from Armstrong county, Pennsyl- vania, and was followed in 1868 by Ell Torrance from Pittsburgh in the same State. In the fall of 1866. Judge Harry Lander, who had been re- siding at Laclede since the war, moved to Brookfield.


W. D. Crandall and Henry Ward formed a partnership in 1866 and con- tinued in active practice together until September, 1867, when they en- tered the newspaper business, and gave up the law.


Hon. A. W. Myers was born in Ohio; read law in 1849 and 1850 with Eckley & Davis, of Carroll county, in that State; was admitted to the bar in 1852. In the fall of 1866, after he came to Brookfield, he and S. P. Huston formed the partnership of Myers & Huston, which continued several years. Hon. A. W. Myers is of prominence in the politics of the State, and was elected in 1870 as representative on the Gratz Brown liberal ticket, from Linn county to the legislature, by the largest majority ever given any successful candidate for that office from the county.


Hon. S. P. Huston was born and raised on a farm in Armstrong county, Pennsylvania. Was educated in the neighboring common schools, also at Elder's Ridge Academy and finished his course at Jefferson College, Wash- ington county, Pennsylvania. Studied law with Hon. A. J. Boggs, of Kittanning, Pennsylvania. He has of late years devoted himself exclusively to his profession, in which he has gained considerable eminence.


Judge Ell Torrance was born in New Alexandria, Westmoreland county, Pennsylvania, in 1844, and educated in the common schools and neighbor- ing academies of his native State. He studied law in the office of White & Slagle, Pittsburgh, Pennsylvania, and was admitted to the bar of that city, where he practiced for a short time before contracting the Western fever, which brought him to Brookfield, in 1868. He formed a partner- ship with S. P. Huston, which continued for a short time, and then he went in with T. D. Price, making a specialty of real estate business for a year or more. In 1870 he was elected probate judge of the county, which office he held for four years, residing in the meantime at Linneus. At the ex-


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HISTORY OF LINN COUNTY.


piration of his term of office, he returned to Brookfield and opened a sepa- rate office, and soon gained rank with the foremost attorneys of the bar. In August, 1881, he disposed of his business at Brookfield to George N. Elliott, and located at Minneapolis, Minnesota.


Judge Harry Lander, the oldest member of the Brookfield bar, was born in Kentucky, August 15, 1826. Harry Lander was raised on the farm, read law with Curtis K. Harvey, of Knoxville, Illinois, and was admitted to the bar at that place in 1848, and moved to Laclede.


Judge Lander served acceptably as judge of common pleas until 1869, when he was succeeded by Judge W. H. Brownlee. Soon after, Judge Lander located at St. Louis, where he practiced until 1877, when he re- turned to Brookfield, and has since remained. He is acknowledged to be one of the leading real estate lawyers in Missouri, and his joviality, fund of anecdote, and hearty good will make him the favorite of all who associ- ate with him.


Judge W. H. Brownlee removed from Linneus to Brookfield in 1869, in the fall of which year he was elected judge of the Linn county Court of Common Pleas to succeed Judge Lander. He held this office for four years, when he resigned. Soon after his resignation, Judge Brownlee engaged in banking at Brookfield, which he followed for several years; sold out, and for one year was member of the law firm of Huston & Brownlee. He is now president of the Linn County Bank at Brookfield, but still enjoys a large law practice. He is the idol of the younger members of the bar, to whom he has always shown great consideration and courtesy, and given, at all times whenever deserved, encouragement.


LAWYERS AT OTHER TOWNS.


Jacob E. Rose came to Bucklin a short time before the war; remained there until 1872 or 1873, when he removed to Iowa. He called himself a lawyer, but had very little business in the courts.


C. G. Fields was born in Russell county, Virginia, in 1829; came to Missouri in 1842; read law with Judge Jacob Smith in 1851-52; was ad- mitted in 1853, and soon after located at Bucklin, where he has remained ever since. The practice of the law has only been incidental with him, his chief occupation being that of school teaching.


Benjamin F. Parsons, from Maine, located at St. Catharine soon after the Hannibal & St. Joseph Railroad was completed to that place, and remained until 1872, when he removed to Wichita, Kansas. He did some office busi- ness, but appeared seldom in the courts.


General I. V. Pratt was licensed to practice law in 1861, but devoted himself principally to agriculture and politics until he left for Kansas, some eight years ago. He is now a practicing lawyer of Hays City, Ellis county, Kansas.


In June, 1865, Ralph Smith came from Rockport, Indiana, and located


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HISTORY OF LINN COUNTY.


on his farm adjoining Laclede. He has practiced law in the county more or less ever since, though engaged largely in stock-raising and farming ..


In 1865 Major Alfred Williams, a licensed attorney from Putnam county,. Indiana, located at Laclede, and practiced for a short time, but was com- pelled to give up the profession on account of failing eyesight. He then moved to a farm near Laclede, where he remained until recently, when he returned to the town and is now serving as justice of the peace.


John N. Locheny, an eloquent young lawyer of fine talents, came from Marietta, Ohio, to Laclede in 1871, and remained until 1873. He was a. graduate of the law school of Cincinnati.


D. M. Cook and G. W. Wannamaker, both young Canadians, located at Laclede and remained a year. Cook returned to Canada, and Wannamaker is now engaged in successful practice at Bethany, Harrison county, Mis- souri.


Oscar F. Libby is the only attorney at Laclede who devotes special atten- tion to the practice. He was born in Gray, Cumberland county, Maine, December 9, 1852. October, 1869, he came to Linn county, Missouri, and commenced reading law with Ralph Smith; in 1876, was admitted at the June term circuit court; 1878 located at Laclede, and has been practicing: there since.


In June, 1866, Thomas Whitaker came to Linneus. He was just from the law department of the Michigan University at Ann Arbor. He was examined and admitted to practice at Linneus, and soon after located per- manently at Bucklin, where he yet resides, having gained considerable reputation as a lawyer and jurist.


John H. Hill is also a resident attorney of Bucklin. He was born in Hart county, Kentucky, November 9, 1838, was educated in the county dis- trict schools; learned in very early life to wield the shovel and the hoe. In August, 1858, he arrived in Macon county, Missouri, as he says, "out of money, friends, and credit." There he followed farming until 1868, when he removed to Bucklin and commenced to read law in the office of Judge Thomas Whitaker. In 1871 he was licensed to practice, and he opened an office at Bucklin, where he has since continued to practice with considerable. success.


GOING BACK TO BROOKFIELD AND LINNEUS.


The lawyers who came to Brookfield along in the '60's, and afterwards left are several in number.


Chester D. Pratt came to Linneus from Massachusetts in 1867, studied law with Judge Boardman, was licensed to practice, and located at Brook- field in 1870. He acquired some standing as a lawyer and moved to Chicago in 1875.


In 1866 George M. De Pui, a young lawyer from Indiana, located at


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HISTORY OF LINN COUNTY.


Brookfield and gained considerable reputation as an orator and ready prac- titioner. In June, 1871, he left Brookfield for Kansas.


L. A. Bullard, a practicing lawyer from Fort Wayne, Indiana, located in Brookfield in 1868. About the same time Joel B. Ketchum, a lawyer from McLean county, Illinois, also came to this place. They formed a partner- ship and practiced together for about three years, when Bullard returned to Fort Wayne, and Ketchum abandoned the law on account of his health, and retired to a farm near Brookfield, where he now lives.


Homer Newell came from Connecticut in 1867; was in Brookfield about a year and died there in 1870. His remains rest in Brookfield cemetery. He was an excellent young man and promising lawyer.


David A. Robinson, a young man from Ohio, read law with S. P. Hus- ton; was admitted in 1869, and in 1871 left for Texas, where he is now largely engaged in railroad business.


W. W. Hicks, the present editor and proprietor of the Brookfield Chron- icle, read law at Brookfield and was admitted in 1870. He served as clerk of the Common Pleas Court for several years. He is now engaged in the newspaper business, to which he devotes himself exclusively.


Judge Charles L. Dobson studied law with Judge Brownlee, and was ad- mitted in 1870. He then opened an office in Brookfield and practiced with much success. In February, 1873, Judge Brownlee resigned the office of judge of the Common Pleas Court and Judge Dobson was appointed to fill the vacancy. He served in this capacity until Judge Whitaker was elected in the fall of the same year. After this he opened an office at Linneus and practiced there until the winter of 1878-1879, when he removed to Kansas City.


From 1870 to 1873 Ephriam and Thomas Banning, two brothers, resident young men of Brookfield, studied law with S. P. Huston, and were licensed to practice. They at once located at Chicago, where they have been very successful.


YOUNGER MEMBERS OF THE LINN COUNTY BAR.


From eight to ten years ago there were a number of additions to the bar of this county; young men of energy and talent who have successfully made their way in the profession and are now taking their places with the older members.


Among these may be mentioned H. Lithgow, cf Brookfield. He was born in Whitby, Canada West, August 5, 1844, and raised in Chicago. 1869 he came to Brookfield and began reading law with Judge Brownlee; in 1870, admitted to practice, and in 1872 opened an office at Brookfield. January 1, 1878, he became assistant attorney for the Hannibal & St. Jos- eph Railroad Company, in which capacity he served three years. He has now a good practice in Linn and adjoining counties, and will soon be con- sidered one of the " old lawyers."


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HISTORY OF LINN COUNTY.


P. B. Malloy, of Jackson township, was admitted in 1870. He was born in Tazewell county, Virginia, in 1838, and came with his father's family to Linn county, Missouri, in 1839. He practices in Linn and adjoining counties, while, at the same time, he successfully manages his farm.


E. R. Stephens, of Linneus, was admitted in 1872. He is the son of George W. Stephens, and was born in Hanover county, Virginia, August 29, 1849. Began reading law in 1870 with Stephens and Burgess and afterwards attended law school at the Cumberland University. After his admission to the bar he began practice at Linneus, where he has since con- tinned. He was elected prosecuting attorney in 1874 and served one term.


Ed. W. Smith, Linneus, son of Judge Jacob Smith, was admitted in De- cember, 1873. He was born in Linn county, Missouri, September 22, 1851. He began the study of law with A. W. Mullins in 1871. After his admission to the bar he at once began practice at Linneus. He was elected prosecuting attorney in 1876 and reëlected in 1878 and 1880, which office he now holds. He and E. R. Stephens compose the law firm of Stephens & Smith, of Linneus, one of the most prominent of this bar.


John B. Wilcox, of Linneus, was born in Linn county, Missouri, July 28, 1851. Began study of law with George W. Easley, at Linnens, in 1873, and was admitted in 1874. He opened a separate office at Linneus; has been in successful practice there ever since. In 1878 he was elected judge of the Linn county Probate Court, which office he holds at the present time.


George N. Elliott, a former newspaper man of Brookfield, was admitted in December, 1876. He had read law for two or three years before at Brookfield in the offices of S. P. Huston and H. Lithgow. Mr. Elliott was born in Howard county, Missouri, February 26, 1851; came with his father's family to Linn county at the age of three months; was educated in the county and graduated at Missouri State University in 1873; in the spring of 1874 he started the New Era newspaper at Brookfield, and was engaged in this business and teaching until some time after his admission to practice. In 1878 he settled down to law practice in Brookfield and in August, 1881, succeeded to the business of Judge Ell Torrance at this place, who sold out to him and removed to Minneapolis, Minnesota. Mr. Elliott is one of the rising young men of the profession.


Mont. M. Crandall, a " native of Missouri," was the next addition to this bar. He was admitted in February, 1878, a few months before he was of age, after two years' study with S. P. Huston and W. H. Brownlee. Im- mediately after his admission he formed a partnership with A. W. Myers, at Brookfield, which continued for two years. After that he practiced for ·one year alone; then from May, 1881, to January, 1882, was in partnership with Judge Brownlee. He now has a separate office at Brookfield, and is one of the leading young members of the bar in advancement in the pro-




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