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 60
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By the people of Central Missouri Mr. Barton is considered one of the inost skillful pleaders of that bar. He is equally effective in either criminal or civil cases, but prefers the former, no doubt because it demands a fuller exercise of those gifts as an orator with which the young lawyer is highly endowed. He has engaged as counsel in a number of criminal cases of note, among others, the case of State versus James C. Talmadge. Tal- madge was arraigned at Brunswick, Missouri, for the murder of Charles P. Tidd, and Mr. Barton assisted Hon. W. W. Rucker, of Keytesville, now Judge of the Twelfth Judicial Circuit, in the prosecution. Another noted case was that wherein Harley McCoy was tried for the murder of Captain Hawley of the Denver police force. In this bitterly contested trial, Mr. Barton assisted Lafe Pence, late Congressinan from Colorado, in the defense of McCoy. He was also employed in the suits against the directors of the Stock Bank of
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Slater, Missouri, and the directors of the Salisbury Savings Bank of Salisbury, Missouri. He has been connected with no less than fifteen murder cases since he began practice.
Owing to his oratorical powers, he is splendidly adapted to campaign work and has been a potent influence in every recent campaign. As early as 1888 he was selected as one of those to stump the State for the Democracy in the campaign of that year. In Colorado lie naturally rose to the top, as men of his forcefulness and strength of character inevitably do, whiercsoever their lot may be cast. In the campaign of 1892 he made a number of speeches in Colorado and Wyoming. He was then a member of the "White Wing," or Cleveland faction of the Democracy and was the nominee of that party for the State Senate, but owing to the overwhelming Republicanism of the district, he never at any time had any chance of election. In the heated campaign of 1896 he was very prominent, making over thirty speeches in various parts of the State. In the political field, he may be said, considering his age, to occupy a conspicuous position, and that his standing and popularity inake easy the achievement of any future honors of that kind to which he may aspire.
Personally, Mr. Barton is a striking figure. Over six feet tall, broad shouldered, with a fine head, piercing eyes, a face sinoothily shaven and mobile, he has those graces of per- son which strongly prepossess an audience in his favor. He is of distinguished appearance, and is one who would naturally attract the eye in a crowd.
Mr. Barton has been twice married. His first wife was Miss Lenora P. Talbot, to whom he was married January 8, 1890, and who died August 2, 1892. She was the daughter of William Talbot, of Fayette, and granddaughter of Dr. Talbot. December 12, 1894, Mr. Barton was married to Miss Maude Hays, daughter of the late Marion F. Hayes, of Howard County. Prior to her marriage she was connected with the faculty of Baird Female College, at Clinton, Missouri. Mr. Barton's first wife bore one child, a daughter, who lived but a few days. His present wife has borne a daughter, which also died in infancy.
FRANCIS MARION BLACK,
KANSAS CITY.
THE subject of this brief paper has accomplished much. As a practicing lawyer, a inember of the Convention which framed the present Constitution of our State, as a Circuit Judge, a member of our Supreme Court, again as a counselor and practicing attorney, as a founder of and teacher in a shool of law, as a citizen informed as to public questions, as a man of affairs, he has exhibited the highest capacity and ability. It is not often that we find a person so generously endowed.
His early youthi was one of trial. His advantages for education were restricted, his means were limited, and largely procured by his own industry on his father's farm in Ohio. When he left it and located in Kansas City he came withont friends and without money. Ile was compelled at first to deny himself the ordinary comforts of life in order to maintain an office and practice the profession to which he had dedicated his life.
His highest and only ambition was to succeed in a science which deals wholly in the ascertainment of the highest principles of morality and the wisest rules of conduct applic- able to the affairs of men. To him the law had no other significance. To succeed he was willing to labor as few have done. He had chosen a noble work, and his whole life has
7. M. Black
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ennobled it. The law has been to him much more than "quirks and quibbles." He studied it broadly from the beginning. It is safe to say that it has always been difficult for him, as it is with every great lawyer, to remember a principle of law without first understanding the policy or conditions which called it into existence.
As a practitioner he became successful early in his career. His pleadings are pre- pared with the greatest care, and never undertaken until he first understands the facts and law of the case. In the trial of a case he is plain, simple and direct, and while not pre- tending to rhetorical ability, he has been remarkably successful before juries as well as courts, and the reason is that his presentment of a case is always so clear, plain and logical that there is no escape from his conclusions. He has always enjoyed the confidence of the courts to the highest degree, because of his absolute fairness and candor in his statements, both as to the law and the facts.
When he became Circuit Judge his capacity and impartiality placed him in a pre- eminent position in the esteem of the bar. He would not permit himself to decide a ques- tion in the hurry of a trial without considering and examining the authorities respecting it, and no person could be fairer than he in allowing his rulings to be reviewed by the appel- late courts. The amount of work lie did while Circuit Judge was something enormous.
As a member of the Constitutional Convention of 1875 he largely assisted in framning for Missouri a Constitution which has been the greatest safeguard and protection to individual liberty and property rights, for nearly a quarter of a century, which this commonwealth has ever enjoyed. He earnestly supported those many limitations upon legislative action which have so greatly benefited our State. He also strongly favored those restrictions upon the debt-making powers of the towns, cities and other municipalities of the State, which have protected them front extravagance and in many cases, bankruptcy. Through him we are chiefly indebted for the extension of the usual clause relating to the rights of eminent domain, so that it was made to provide that private property cannot be damaged for pub- lic use without just compensation. The value of this provision as now written is fully understood only in some of the larger towns and cities of the State.
His record as a member of our Supreme Court is known to every studious lawyer. His fame as a Judge of that court will grow with the increasing years, for the reason that his opinions are so clear, his conclusions so carefully stated, his reasoning so thorough and logical, that the depth and breadth of them will be more and more appreciated as com- mercial and social conditions improve or change. His decisions are broad enough to meet present and future conditions. He will stand in history as one of the greatest Judges of our highest court.
Upon his retirement from the Supreine Bench he resumed the practice of law in Kan- sas City, and has continued it with marked success ever since. He is much employed in assisting other members of our profession in their cases, and his advice is much sought. He is one of the founders and is President of the Kansas City School of Law, which has been an unusually successful institution from the beginning, and without compensation he devotes much of his time to lecturing to the students who attend it.
He is earnest and outspoken with respect to his political convictions. He has never hesitated to declare himself upon any public question. The influence of his example in being absolutely free and independent in all public matters, both local and general, has been highly beneficial. He has done much for good government in Kansas City.
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He was born on a farmi in Champaign County, Ohio, July 24, 1836. His father, Peter Black, was born in Pennsylvania, and his mother, Maria Hilliard, was a native of Vermont. His early education was obtained in a log school house. His father gave him a few acres of ground to cultivate, and with the income from them he paid his expenses while in col- lege. While in college he was a tutor for a short time of a class in philosophy. Hc took a full course in mathematics, natural science, mental and moral philosophy, and a limited course in Latin. Whatever he learned he learned thoroughly.
In 1867 he married Miss Susan Barges Geiger, a most estimable and accomplished lady, a daughter of Dr. Albertus Geiger, a prominent physician of Dayton, Ohio. He has a family of four children, two sons and two daughters.
In his personal and business dealings, no man could be more conscientious. Without any ambition to become wealthy, he carly acquired enough property to make him financially independent. His sound business judgment, united with his profound knowledge of the law, and his painstaking inquiry into all matters submitted to him, have made him one of the very best legal advisers. The influence of a strong and earnest character such as his has always been and will be of great value.
Kansas City, Mo., January 29, 1898.
O. H. DEAN.
LOUIS BENECKE,
BRUNSWICK.
I QUIS BENECKE, of Brunswick, was born May 1, 1843, in Blankenburg, Duchy of Brunswick, Germany, and is the son of Theodore and Augusta Benccke. His grand- father was a minister of the Lutheran Church, but after the First Napoleon had conquered the German States, and an appeal was made for volunteers to drive the French from German soil, he left his pulpit and entered the German Legion, wherein he served with fidelity until victory perched upon the banner of the German army. His son-the father of Capt. L. Benecke-was a teacher and supervisor of the forest district of Stiege (Hartz Mountain). Hc resigned his position mostly on account of his democratic views and came to the United States in 1856, locating at Brunswick, Missouri. His granduncle is the famous Louis A. Benecke, the German philosopher and scientist, inforination respect- ing whom may be obtained from any standard biographical dictionary or cyclopedia. Mr. Benecke's mother was a Von Buck, member of an old German family whose standing is attested by the " Von " prefixed to the surname.
Lonis was first educated at a college of Blankenburg, Germany. After coming to America and locating at Brunswick, he attended the high school of the town.
He responded with alacrity to the call of his adopted country, cnlisting when eighteen in Company H, Eighteenth Missouri Volunteers, for a term of three years. He entered the army as a private, but his good record won him the straps of a Sergeant. When his term expired, he re-enlisted in the spring of 1864, in the Forty-ninth Missouri Volunteers, and was commissioned Captain of Company I, serving as such until mustered out of service, Angust 2, 1865. He served throughout the Western campaigns of the Union forces, and was with Prentiss at the battle of Shiloh.
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His study of law was taken up after his return from the army, in the office of Judge Harris, of Brunswick. He completed his legal education in the office of Judge Winslow, afterward Court Commissioner of Missouri, was admitted to the bar at Keytesville, the county seat of Chariton County, November, 1867, and began practice at Brunswick. Not only has he attained a position as a lawyer beyond that reached by most practitioners, but he has served the city, county and State in various official positions. From 1870 to 1875 he represented the Sixth Senatorial District in the State Senate and during that time was instrumental in the introduction and passage of mnuch legislation of importance and value to the people. He was elected Mayor of Brunswick in 1866 and served seven con- secutive terms in that office. Always one of the most efficient friends of the cause of public education, his importance in this respect found recognition by his imaintenance for over a quarter of a century as President of the Board of Education of Brunswick. He held this office continuously from 1866 to 1892, and is still a member of the Board. He can boast that he never ran for any office in his life to which he was not elected.
In the civic life of Brunswick lie is a leading factor. He is President of the Library Association; is a director of the First National Bank of Brunswick; a director of the Bruns- wick Brick & Tile Company and is a director and was one of the organizers of the Bruns- wick Cemetery Association. He is an active member of various societies and fraternities, and is especially a figure of commanding importance in the affairs of the Grand Army of the Republic, of which, from 1895 to 1896, he was the Grand Commander for the Depart- ment of Missouri. For four years he was Grand Dictator of the Knights of Honor of the State and has held all the official positions of honor in all the local associations at Brunswick.
In June, 1868, Miss Josephine Amarlan reached New York from Germany. There Mr. Benecke awaited lier, and on the 23rd of the month named, they were united in mar- riage and their trip homeward was their honeymoon tour. Miss Amarlan is a native of Berlin and is a member of a family of position at the Gerinan Capital. One of her uncles is Judge of the Superior Court of Berlin and her brother is a Major in the German Army and a personal aide of Emperor William.
BANTON GALLITIN BOONE, OF CLINTON.
F there is any biography in this volume that contains to fullness the elements of encour- agement to the young man with his own way to make in life, it is that of Gen. Banton Gallitin Boone, of Clinton. It is a striking illustration of what may be accom- plished by the young man with spirit, industry and a good head as his only capital in life, and is no less an incentive to the young than it is an absolute demonstration of General Boone's worth and ability, for to rise from the bottomn to the top solely by individual effort "is the highest and most indisputable proof of manhood, strength and ability. Wholly self- educated, self-advised and self-dependent, and starting at the very beginning, he has risen to the proud position of one of the most noted members of the bar of Southwest Missouri, he has served his State as Attorney General, has been accorded various other honors by the people, and has frequently been urged by the Democratic press and his many friends to become a candidate for Governor, but has always declined to do so.
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General Boone is what might be considered a double descendant of that adventurous Daniel Boone, who is destined to always occupy a place as one of the most unique figures of American history. He can trace his origin to the great Indian fighter by both branches of the family tree. He is the son of Banton Gallitin Boone and Elizabeth Boone, that being the mother's name both as maid and matron. General Boone's maternal grandfather, Samuel Boonc, was the third son of Daniel Boone, and thus the noted Kentucky-Missouri pioneer was our subject's great grandfather on the inaternal side. On the paternal side lie was his great granduncle. Banton G. Boone, the father, was a native of Madison County, Kentucky. He was a physician, and coming to Missouri as early as 1816, settled in Calla- way County and afterwards settled at Bowling Green, Pike County, which was then a settlement of Virginian and Kentuckian pioneers. Subsequently he reinoved to Louisiana, Pike County, and practiced there for some time, when he returned to Callaway County, where he died, August 2, 1838. After Dr. Boone died his widow returned to her parents in Callaway County, and there, three months after she buried her husband, their son was born, October 23, 1838, in the same county his celebrated ancestor chose for a residence when he had to leave Kentucky because he conceived its wild natural beauty and fitness as a place of residence was marred by the influx of civilized men.
The fatherless boy lived with his maternal grandparents until he was ten years old, and then, at that tender age, incredible as it may seem, started out for himself. In 1854, when sixteen, he turned up at Troy, Lincoln County, learned the printer's trade and shortly thereafter was one of the publishers of the Troy Gazette, the first paper published in Lincoln County. In 1856, friendless and without means, he landed at Clinton, Henry County ; but he was not daunted, and turning his hand to the first thing that offered, soon secured the appointment of Deputy Circuit Clerk.
General Boone's education, like everything else he has secured in life, was achieved solely through his own efforts. He never attended school a day in his life, and yet he is a ma11 well read, possessing a deep fund of general information, is noted as one of the best informed historians in the State and no man would know by personal intercourse that he is not college bred. He manifested high ambition when but a boy, and without encouragement or guidance, spent many a night sitting with his books before the old-fashioned open fire- place, relic of pioneer days, straining his eyes by the flickering and uncertain light of the burning logs. A boy with such fixity of purpose in overcoming adverse circumstances, is certain to win, and that this particular boy has achieved such a high degree of success is 11ot strange when the vitality and pluck he evinced in the early "battle to survive," is understood.
When he obtained the appointment as Deputy Circuit Clerk, he at once set his mind on becoming a lawyer. He procured some books and began reading, fitting himself for his profession wholly at night after his day's work was done, and of Sundays. He was admitted to the bar at Clinton in 1860, by Judge Foster P. Wright, one of the older land- marks of the Missouri judiciary. Scarcely liad lic time to begin practice ere the Civil War broke out. Hc culisted in the Confederate Army, and did soldierly service, never shirking a duty or shrinking from danger.
Wlien pcace was declared he returned to Clinton and began practice. In 1874 he was cleeted to represent Henry County in the Legislature by the largest majority ever given a candidate in the county. If he impressed the people among whom he lived, liis col- leagues of the House evidenced that tlicy were no less sensible of his worth, as they elected
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him Speaker of that body. The complimentary character of this election is emphasized when it is understood that General Boone's competitor for the honor in the Democratic caucus was the noted and popular Gen. James Shields. The successful candidate filled tlie difficult office of Speaker with ability and firmiless, giving entire satisfaction to both political parties in the Legislature.
In 1884 he was elected Attorney General of Missouri, defeating in the convention of the Democratic party, D. H. McIntire, and at the general election, Judge David Murphy, now Judge of the Court of Criminal Correction, St. Louis. As the highest legal official of the State he discharged his duty in a manner to reflect credit both on himself and the people who elected him. In 1887 he was appointed by Governor Marmaduke one of the Commis- sioners to the Centennial of the Adoption of the Federal Constitution, held at Philadelphia, September 17, 1887. During the administration of Governor Morehouse he was appointed by that executive one of the delegates fromn Missouri to the Centennial of the Inaugura- tion of George Washington, at New York, in 1889, and personally attended and participated in each of these historical occasions.
General Boone is a member of the Masonic fraternity, is a Knight Templar, and has served as Eminent Commander of Boanerges Commandery at Clinton. As may be gath- ered from the foregoing, he is a Democrat - one thoroughly convinced of the truth of his party principles, who believes that this is a government of liberty regulated by law, and while firm in his own opinion and convictions is courteous, conservative and tolerant of the opinions of others.
On June 4, 1874, General Boone was married at Clinton, to Irene Rogers, daughter of Dr. John A. Rogers, one of the oldest settlers of Henry County. The Rogers family are of Kentuckian origin and of the highest respectability and standing. Mrs. Boone's mother was a sister of Major General Gorman, who was Governor of Minnesota, United States Senator from that State and a cousin of Senator Gorman, of Maryland. The marriage has been blessed by two children - Bessie Edwards and Britts Gorman. The son was educated in the high school at Clinton and at Westminster College, Fulton, Missouri, and is now a law student in his father's office.
The subject of this sketch while Attorney General represented the State in the cele- brated murder case of Maxwell when it came before the State Supreme Court, as well as before the Supreme Court of the United States. He was also one of the counsel, and very active, in what was known as the Hannibal & St. Joe bond case, which involved a matter of great importance to the State, General Boone being one of those who appeared before the United States Supreme Court, and secured a verdict in behalf of Missouri worth a half million dollars. General Boone is a thoroughi lawyer, and is effective as a speaker either before a jury or a mixed audience. He is accurate in statement, his style is always clear and he is especially versed in Constitutional law. His memorial address before the Supreme Court on the death of Judge Waldo P. Johnson, who was his friend, is generally regarded as one of the greatest speeches ever delivered before that august tribunal. It won the highest compliments from that body, which was then composed of Chief Justice Henry and Associates Ray, Sherwood, Black and Norton, admitted to be the ablest bench in Mis- souri judicial history.
One of General Boone's characteristics which is of the highest value to any public man, is his wonderful memory for names, faces and figures. In that respect he is almost the equal of Stephen A. Douglas. Once he has known a inan, he can grasp his hand and
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call him by his first name though he has not seen him for a dozen years. This is the inore remarkable when his far-extending acquaintanceship is considered. It is claimed that lie has a larger personal acquaintance than any other man in the State of Missouri. The Bible, Blackstone and Shakespeare are his favorite books, and he often adorns his arguments witli appropriate quotations from them. He has a rare and elegant private library, and devotes inuch of his leisure time to general reading. General Boone well deserves to be ranked among the able and distinguished public inen of Missouri. His account of the celebrated slander trial of Birch versus Benton, in this book, is well worth the historical student's perusal.
JOHN HOMER BOTHWELL, SEDALIA.
JOHN HOMER BOTHWELL was born November 20, 1848, at the village of Maysville, Clay County, Illinois. His father, James K. Bothwell, is now living at Clay City, Clay County, Illinois, in his seventy-ninth year. His mother, Marian Bothwell, 110w seventy-six years old, was the eldest child of John Brissenden, Esquire, of Albion, Edwards County, of the same State. On both sides the lineage of the subject of this sketch is sturdily American, the families whose blood comingles in his veins being of the pioneer, wilderness-conquering and self-conquering stock that has inade the West and is the essential greatness thereof. In the father there was the ascetic Scotch strain, tempered and inolli- fied somewhat by a rearing in the Ohio wilderness, in what is now Vinton County. From there lie migrated to Illinois to the section in which he has lived for a half century. The mother was of English stock, her parents having come to this country in the early part of the century and settled in Edwards County, Illinois.
The subject of this sketch, the second son of these parents, was educated in the common schools at Clay City, afterwards at the Indiana State University, at Bloomington, and gradu- ating there in the class of 1869, entered the law school at Albany, New York, from which he graduated in 1871. He had previously read law in the offices of A. B. Matthews, at Albion, Illinois, and of Stuart, Edwards & Brown, in Springfield. He was admitted to practice in Albany upon his graduation, and again at Sedalia, Missouri, in the same year. In Sedalia he has lived and practiced his profession for twenty-six years. From Septem- ber, 1872, to May, 1885, lie was a member of the law firm of Houston & Bothwell, engaged actively in general practice in State and Federal courts, and from May, 1885, to July, 1891, was a member of the firm of Bothwell & Jaynes, which was dissolved by the death of the latter in July, 1891. Since then Mr. Botliwell lias practiced alone.
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