USA > Missouri > The history of the bench and bar of Missouri : With reminiscences of the prominent lawyers of the past, and a record of the law's leaders of the present > Part 35
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General Kennan was educated in the common schools of Missouri and at the Missouri University, at Columbia. Scarcely had his schooling been completed at the University, when the War of the Rebellion began. True to his Southern origin, lie espoused the cause of the Confederacy. He enlisted in the Missouri State Guards, and his first important engagement was the battle of Boonville, in which his father also fought on the Confederate side. But that was the latter's first and last battle. After the conflict was ended, hc announced himself fully satisfied with "grim visaged war," returned to his home near Columbia and quietly and peaceably remained there throughout the war, fortunate in escaping molestation of any serious nature. His son, however, continued in the Confed- erate service, and after Boonville, participated in the battle of Lexington. Afterward lie was transferred South and there passed through many hot engagements and made inany wearisome marches. He entered the service as a private in Company C, Sixteenth Missouri Infantry, C. S. A., commanded by Col. Levin M. Lewis, of Clay County, and which was a part of Gen. Monroe M. Parson's brigade. He was first promoted to be Fourtli Corporal, then Fourth Sergeant. He was next made First Lieutenant, and the next step made him Adjutant of a regiment. He surrendered at Alexandria, Louisiana, June 8, 1865, nearly two months after the surrender of Lee. During the administration of William J. Stone as Governor of Missouri, he commissioned the subject of this sketcli as one of his military staff, and conferred on him the rank of Brigadier-General.
After his surrender in 1865, the young veteran returned to his home in Boone County and soon thereafter resumed the study of law which he had begun, before the war, under the direction of Hon. James M. Gordan (who lived on a farin near Columbia). In 1869 he was admitted to practice by Judge George H. Burckhartt, Circuit Judge of the Judicial District, at the town last named. On the twenty-sixth day of September of that year, he went to Mexico and began practice in the office of the late Gov. Charles H. Hardin, and has actively engaged in professional work there ever since. He remained with Governor Hardin until the latter retired from practice and next, in 1874, forined a partnership with Daniel H. McIntyre, which continued up to the date of Mr. McIntyre's election to the Attorney Generalship of Missouri in 1880. Since then he has had no law partner.
The first civil office held by General Kennan came in 1871, when he was elected City Attorney of Mexico, and on the expiration of his term succeeded himself in that office. In 1884 he was nominated by his party, without opposition, for Representative of Audrain County, and duly elected to the Thirty-third General Assembly. He made a record as one of the most aggressive and capable Representatives in that body, serving both on the Judiciary and Appropriations Committees, the two principal committees through which the House enacts legislation. He is a Democrat, and is one of the inost active and influential adherents of that political faith in Audrain County. He was Chairman of the Democratic Central Committee of that county for six consecutive years, and as such inaugurated the system of selecting delegates for all conventions, etc., by school districts. He has been one of the most enthusiastic of all the friends of the Confederate Home at Higginsville. He was one of the prime movers in its behalf from its inception to the time it was turned over to the State in 1897. In fact, it was hc who conceived the plan of transferring it to the State, as the burden of its maintenance liad proved too heavy for private charity. He also drew the bill passed by the Legislature and the deed whereby it passed to the control of the commonwealth. His civic pride is only exceeded by his interest in the cause of education, and he has contributed muchi both to thic advancement of liis town and its
IN Kemman
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schools. At the present time he is a member of the Board of Directors of Hardin College, and is President of the Farmer's Mutual Fire and Lightning Insurance Company, both of Mexico. He is a member of the A. O. U. W. and a communicant of the First Baptist Church of Mexico.
On November 2, 1871, General Kennan married Miss Cordelia P. Jenkins, daughter of Major Theodoric Jenkins, of Boone County. Her mother was Eliza Duncan, of Lexington, Kentucky. Mrs. Kennan died November 27, 1893, deeply regretted by her husband and surviving children. Their oldest child, Mary Hardin Kennan, a bright and lovable girl, died April 11, 1888. The surviving children are: Harriet Rogers, Carrie Jenkins, Flor- ence Maitland and Churchill B. Kennan. Since the death of his wife, the husband has never re-married, but lives happily with his three daughters and son.
General Kennan is a skillful lawyer, and has been connected with many of the import- ant cases that have come before the bar in his part of the State in recent years, as the reports of the Supreme Court and Court of Appeals will show. One of these, which attracted much attention at the time, was the suit of Waddingham vs. Waddingham, for divorce, wherein the plaintiff attempted to prove that the defendant had a husband living at the time of his marriage to her. Congressman Chanip Clark, one of the best known public men and lawyers in the State, writes thus of General Kennan, whom he has known for years :
"General Kennan is a splendid specimen of Missouri physical inanhood. In personal appearance he presents a striking resemblance to the late Samuel J. Randall, the Pennsyl- vania Democrat. His chief characteristic is absolute fidelity in all the relations of life, a more honorable man, a more faithful friend, a more candid adviser never lived. In very truth his word is as good as his bond. His moral as well as his physical courage is above all cavil and all doubt. If he thinks a thing is right he does it, regardless of opposition or censure. He despises an act of meanness with the intensity of Roscoe Conkling himself." One of the General's pronounced traits of character is his promptness on all occasions. When he makes an appointment he is there to the minute. He never permits himself to be called into court when he has business that requires his attention elsewhere, and it is a notable fact that he has never missed a roll-call of the various boards to which he belongs, except when illness or absence from home prevented. His absolute reliability in all respects makes him an example of regularity and exactitude, by a study of whose habits many of his fellow-inen might profit.
JACOB KLEIN, SAINT LOUIS.
JACOB KLEIN, Judge of the Circuit Court of St. Louis, was born September 1, 1845, D in the little town of Hechtschein, in what was then Hesse-Darmstadt, but is now a por- tion of Prussia. His father, John M. Klein, and his mother, whose inaiden name was Caroline Guth, were Gerinans of the good old school, whose characteristics werc thrift, industry and health and honesty. Jacob Klein inherited these desirable traits and exhibits them to this day. Still those who know him now recognize him more as an American than as a German, for the reason that during his career of nearly half a century in this country he has, while retaining all the sturdiness of the Fatherland, become thoroughly imbued with the habits, customs and principles of the Republic. To emphasize this fact, it is
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necessary to state that his parents came with him from Germany to the United States as long ago as 1851, landing at New Orleans, and a year later settling in St. Louis.
He was educated in the public schools of St. Louis, and as a pupil exhibited an apti- tude for gaining knowledge which is seldom found in the young. He had excellent teach- ers, who took both an interest and a pride in him. Being thus fortified scholastically, he began the study of law by reading in the office of the well known Missouri advocate, "Seymour Voullaire, with whom he remained a year and a half. Then he continued liis studies with the law firm of Knox & Smith, composed of Hon. Samuel Knox, who was a member of Congress, and the noted Judge Irwin Z. Smith, who is remembered with admiration by all citizens of Eastern Missouri for thirty years back. In the year 1869 he was admitted to the bar, being then about twenty-four years of age, and immediately began the practice of law in St. Louis, where he has remained and labored ever since.
As an illustration of Judge Klein's love for thoroughness, it is proper to mention here that after his first year as a lawyer he abandoned all practice and went through a course at the Harvard Law School for the purpose of completing his legal education. Here he grad- uated in the class of 1871, coming out with the degree of LL. B. Thus reinforced profes- sionally, he returned to St. Louis and resumed his practice at the bar, and for nine years practiced alone. During this period a bright young man named William E. Fisse studied law in his office, and in 1881 he became the partner of Mr. Klein, the firmn name being Klein & Fisse. It was a pleasant and profitable combination of interest and ambitions, redounding to the benefit of both. Mr. Fisse later attained local distinction as a inember of the St. Louis School Board and now stands high at the metropolitan bar. The partner- ship lasted until January, 1889, when Mr. Klein entered what might be termed legal politics and retired from active practice. That is to say, he was elected Judge of the Circuit Court in 1888, and in 1889 took his seat, which he still occupies, in Court Room No. 1.
There have been varied elements that have contributed to the elevation of Judge Klein, but perhaps the principal of these is a firmness and impartiality that almost reach severity in their rectitude, all his successes, whether on the bench or before the bar, being inspired by a desire to not only do justice to the litigants, but to also decide or plead in consonance with an elevated conception of right and duty. By this it is meant that in all his arguments and decisions, legal technicalities are not permitted to supersede common sense. The result of this admirable judicial qualification is seen in the fact that when appeals have been taken from his court his rulings have generally been affirmned by the higher tribunal. Being essentially a man of the law, his chief pleasure in life is the conducting of difficult cases. He delights in disentangling and simplifying, and the intri- cacy of a case only serves to stimulate him to mental brilliancy. The secret of his popularity, if secret it can be called, may be discovered in his unswerving fixity of purpose and devotion to duty. The general good of the people is also an objective point in all his acts. An instance of this can be found in the case of the State of Missouri at the rela- tion of the Attorney General vs. Schweickardt, which came up before him, and which involved the right of the City of St. Louis to control the refreshunent privileges of Forest Park. His ruling was unsatisfactory to the plaintiff, who took an appcal, but the higher court affirmed Judge Klein's decision, much to the gratification of the public in general.
For inborn ability, temperate decisiveness and prompt execution, the Circuit Benchi of St. Louis has not often had the equal of Judge Jacob Klein. He is a Republican in pol-
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itics, and a most earnest and consistent one, having battled steadily and hopefully for years against disheartening Democratic majorities. The reward of his fidelity and valor came when he was a candidate for the Circuit Judgeship, in which contest he ran so far ahead of his ticket as to reach the goal by more votes than had ever been given any candidate for a similar position in his community.
His adopted city always finds him a willing servitor in her time of necessity, and he has constantly proven himself thereby a mnodel St. Louisan. One phase of his public- spiritedness has found expression through the St. Louis Law School, which has long been an object of interest to him. He is now one of the faculty of that noted school and in his conscientious devotion to his work is not excelled by any of his colleagues. In this capa- city he occupies an exalted position, being the one who lectures to the graduates and advanced students. He is considered one of the most learned members of his profession in St. Louis.
The marriage of Judge Klein occurred April 17, 1873, when he took for his wife Miss Lilly Schreiber. They have four bright children, who inherit all the praiseworthy charac- teristics of the parents. The Kleins have always been residents of South St. Louis, where their social graces have gathered around them an ever-growing throng of friends.
SAMUEL KNOX, SAINT LOUIS.
THE venerable Samuel Knox of St. Louis was licensed to practice law in Missouri fifty T and nine years ago. That carries us back to 1838, when Missouri as a State lacked three years of having reached her "majority." Although he is retired now, his practice in Missouri reaches across the span of a half century, and there are few if any Missouri lawyers now living who were admitted to the bar earlier than he. Even the venerable Melvin L. Gray, of St. Louis, was admitted to practice after Mr. Knox, or to be more specific, May, 1843. Judge Nathaniel Holmes, now a resident of Massachusetts, was admitted at St. Louis in 1840, and the venerable Samuel Knox and these, as far as known, are the only lawyers of that early period living. It will thus be seen that Mr. Knox is the senior in point of admission of any living St. Louis lawyer, and is perhaps the oldest living lawyer licensed by any Missouri court. A reference to these venerable inen and the lawyers and conditions of that remote period will be found in Mr. Gray's entertaining and instructive narrative, which is a part of his biography in this volume.
Mr. Knox is a lawyer by birth as well as training, by natural inclination as well as experience. He comes of a race of lawyers, and in the days of his practice was one of the ablest representatives of the St. Louis bar. He was born at Blandford, Hampden County, Massachusetts, March 21, 1815, almost three months before Napoleon inet disaster before the allies of Europe at Waterloo. That was nearly two years before James Monroe, fifth President of the United States, was inaugurated, and since that time twenty different Pres- idents have occupied the White House-surely much of history to be included in one life- time. Mr. Knox is the son of Alanson and Lucinda (Knox) Knox. The father was a lawyer, a man of high ability, and one who received honors at the hands of the people of his native State. He served in both branches of the Massachusetts Legislature and was a Major General of State militia. The Knoxes were of Scotch origin and were among
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the earliest American colonists, reaching these shores in 1650, less than thirty years after the landing of the Mayflower, and settled in Massachusetts Bay Colony. Samuel Knox, the maternal grandfather of our subject and after whom he was named, was likewise a citizen of influence in his community, and served his people in the Legislature. In 1840 the father of Mr. Knox moved to Ohio and practiced law there until his death.
Our subject was educated in the academies of Massachusetts and at Williams College, the same State, from which he graduated in the class of 1836. Having made up his mind to adopt the law as a profession, he entered the office of Chapman & Ashmun, two of the most accomplished Massachusetts lawyers of that day. Judge Chapman afterward became Chief Justice of the Supreme Court of Massachusetts, and Mr. Ashmun represented his district in Congress for many years. Their young protege after reading law in their office for a terin, entered the famed law department of Harvard University; there completed his studies, graduating in 1838.
The newly fledged lawyer with the object of bettering his condition determined to leave his native State. At that time St. Louis was only a little river town on the edge of a wild and untamed empire, and was apparently a most impossible place for a lawyer and Harvard graduate. But the latter, with that rare good judgment which has always been one of his marked characteristics, saw that the territory west of the mighty river would soon be settled and tamed, and that St. Louis, because of her natural advantages, would thenceforward develop rapidly, though he admits that the actual results in that line far exceeded his 111ost sanguine expectations. His first step after locating in the little river town was to seek and obtain admission to the Missouri bar. This was accomplished in 1838, fifty-nine years ago. He was enrolled as an attorney in the St. Louis Circuit Court, July 13, 1838. He at once began practice and continued as one of the most successful lawyers of that city through a period of fifty years, and for that length of time exercised a marked influence on the growth of his adopted city and the development of the State.
As those who know him now will understand, it was no great length of time ere the young lawyer's activity of mind led him to take an interest in public affairs, and that liis force of character and sharply defined individuality carried him to a position of leadership in affairs in the young city. In 1843 and 1844 he stood as a candidate for the House of Delegates; running as a Whig he was elected by a Democratic constituency, an event that was a splendid test of his popularity. By the House of Delegates he was elected chairman, filling the place with satisfaction to all his colleagues. In 1845 he was appointed City Counselor and served in that capacity until the end of his term in 1846. Then he declined to accept further public office for more than fifteen years, in the meantime giving liis law practice liis close attention with the mnost satisfactory results. In 1862, in the heat of war time, when his fellow-citizens again demanded public service at his hands, he felt that it was his duty to respond. In answer to a call signed by many prominent citizens lie con- sented to become the Radical Republican candidate for Congress in what was then the First District. His opponent was Hon. Frank P. Blair, who ran on the Conservative Republican ticket. 'The certificate of election was given to General Blair. Mr. Knox contested; after two counts the office was given to Mr. Knox. Again in 1864, responding to the call of twenty-five hundred citizens, he became an Independent candidate for Congress. Elections of those troublons times were very loosely conducted. Many of those who were permitted to vote outside of the city were Illinoisans and not entitled to cast a ballot for liis district while a number of the votes cast for him by the men in the army never did reach the district,
Samuel Kuny
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and hence he was defeated. Such injustice forever disgusted him with politics, with the result that he has since then always absolutely refused to stand for any office whatsoever, even refusing appointive positions, either of a municipal, State or National character.
After a career of more than a half century as a practitioner in St. Louis, Mr. Knox retired, his labors having been remunerated to a degree that left him in comfortable circun1- stances. He devoted his time in the early years of his profession to making himself thoroughly acquainted with the literature of the law, knowledge that was strengthened in the latter half of his career by the widest and most valuable experience. His high natural business capacity was by him turned to the fullest professional advantage. To this business talent, which is certainly one of the strongest elements of his nature, he largely owes his success profes- sionally, as the strongest inducement a client can have to entrust his business to the hands of a lawyer is evidence that the latter has proved his competence by transacting his own business successfully. Eight or ten years ago Mr. Knox retired, though the volume of his practice then was still maintaining its yearly record of increase. It was only a love for his profession that kept him in its service during the last years of his activity. He had sons to take his place who were an honor to his name, and he accordingly stepped aside.
March 18, 1845, Mr. Knox was married, at St. Louis, to Mary Kerr, daughter of Matthew and Hannah Kerr of St. Louis. Both parents were early pioneers and the father was for many years a leading merchant of that city. Mrs. Knox died August 1, 1863, leav- ing to her husband's care five children. Of these, three sons and two daughters, all the sons followed the professional footsteps of their father. Samuel, his father's namesake and the eldest, was a member of the St. Louis bar, and demonstrated that he had inherited in full measure the Knox legal genius. He was associated for a long time with Judge Jacob Klein (now one of St. Louis' Circuit Judges), and gave promise of a successful professional career; but he did not pursue the practice after 1889. He died in Blandford, Massachu- setts, September 11, 1897, greatly beloved and respected by a large circle of friends and acquaintances. Hannah, the second child, is now the wife of Otis Luscomb of Boston, Massachusetts. Reuben is an attorney-at-law, liaving practiced at different times in Mis- souri, New York and Minnesota. About ten years ago he retired from active practice owing to ill health. He lives in Plainfield, New Jersey, is married and has one child, a son named Kerro. Henry is now a rising young lawyer of New York City, while Mary, the youngest child, is an invalid and lives in Springfield, Massachusetts.
It would be a difficult task to enumerate the many important trials in which Mr. Knox participated in his career of over fifty years at the bar. His earliest case in the Supreme Court of the State is Papin vs. Howard, decided at the May term, 1841 (7 Mo., 34) ; and from that volume down to Pomeroy vs. Benton (1882) 77 Mo., 64, nearly every volume of the Supreme Court Reports contains cases argued by him. Doubtless his arguments helped the development of the law of his adopted State. This is shown by the cases of Potter vs. McDowell (1860) 31 Mo., 62, and (1868) 43 Mo., 93; Potter vs. Stevens, (1867) 40 Mo., 229 and 591; and Pomeroy vs. Benton (1874) 57 Mo., 531, and (1882) 77 Mo., 64. These were important cases, the last case imentioned being now the leading case in this State on the law concerning fraud, misrepresentation and concealment between partners. He was engaged in many other important cases: Garvin vs. Williams (1869) 44 Mo., 465; Union Savings Association vs. Edwards (1871) 47 Mo., 445; Buchanan vs. Salılein (1881) 9 Mo. Ap., 552; and the great case of in re Bowman (1879) 7 Mo. Ap., 569.
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In the trial of cases at nisi prius he was quiek, alert, and forceful, displaying singular taet in the management of a case, and thorough knowledge of the applicatory law, as well as of human nature and human motives. No one excelled him as a cross-examiner, and liis arguments in summing up a case to a jury often rose to splendor in eloquence, invective or praise, as the character of the witnesses and their testimony were reviewed. No one was more ready, none better equipped than lie for a forensic battle; and his chaste dietion, modeled largely on King James' version of the Bible, delighted and instructed alike the courts, the lawyers, the jurors and the other auditors.
In polities he started as an ardent Whig and early espoused the anti-slavery cause, defending in a publie speech in St. Louis the celebrated Hartford Convention. At the outbreak of the Rebellion he was an outspoken Union inan, and soon became a Radical Republican. During his term in the National Legislature he served on the Com- mittee on the Conduet of the War, and enjoyed the confidence and respect of the Repub- liean leaders of that day, including President Lincoln.
During all his long life Mr. Knox has been a consistent and sincere Christian, having been a constant member of the Congregational Church.
For many years Mr. Knox has passed much of his time in liis native State, and may be said to be both a citizen of Missouri and Massachusetts. He has property interests in Missouri, Illinois and elsewhere. He still maintains a lively interest in passing events and travels mueh, notwithstanding his advanced age. In fact he is old only in years; in body, mind and heart he is still young, and he always surprises his new acquaintances by telling them he is over eighty-two years old. They can scarcely believe it, for he is hale and vigorous physically and shows few signs of age. His mentality is clear, strong and alert, and he appears as a well preserved man of sixty instead of one twenty-two years older. That the years sit so lightly on him is due to the fact that he has known how to live, and has conformed to the laws of his being, a rule of life he still practices, with the result that even though an octogenarian he yet finds more satisfaction and zest in life than inany a man who is not yet forty.
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