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 73
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Hallo & Johnson
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He was with Price's command when it went to Corinth, Mississippi, in 1862. In the fall of that year, he was placed in charge of the recruiting of the Missourians, by special orders from the Confederate War Department, and at the close of that year had organized and placed in service a regiment of cavalry and six companies of infantry. Afterwards, until the fall of 1863, he was on special service. He was then appointed, by Governor Reynolds, of Missouri, to fill the vacancy in the Confederate Senate occasioned by the death of Hon. R. L. Y. Peyton, and served in that body until its existence was terminated by the fall of the Confederate Government. While in Richmond, he was one of the confidential advisers of President Davis, as well as an ardent supporter of his policy in the Senate.
Leaving Richmond about the last of March, 1865, upon the adjournment of the Con- federate Congress he made his way to the Missouri Confederate troops, then near Shreve- port, Louisiana. Soon afterwards they surrendered, and the war came to an end. As the United States Government was then causing the arrest of many persons who had been connected with the Confederate Government, he went to Hamilton, Canada, by way of New Orleans and Chicago, traveling from New Orleans to Cairo by boat, on which, for a part of the distance, was a Missouri (Federal) regiment. As this regiment was composed largely of Illinoisans, he was not recognized.
His family rejoined him in Hamilton, and he resided there until April, 1866, when, by previous arrangement, made by letter, he went to Washington, gave a parole, and returned to Missouri. The parole required him to report himself, at such time and place as might be directed, "to answer any charge" that might thereafter "be preferred against him by the President of the United States."
No charge was ever preferred.
In common with all the people of the country, he rejoiced that the war, with its terrible accompaniments, was ended. He never regretted the course pursued by him in the struggle, and never ceased to believe that the South contended for the better principles, and that civilization in America sustained a shock and a serious loss by its failure to achieve independence. His idea was, that, until the year 1861, the government rested upon the consent of all the governed; afterwards, upon the consent of a majority only. He sought neither a pardon nor the removal of the political disabilities which were imposed by the vindictiveness of those in control of the government.
He spent the next ten years of his life in the active practice of his profession, and in trying to collect the fragments of his possessions, left after the destruction caused by the war. In 1875 the people of Missouri determined to have a Constitution in place of the document that had been pinned upon the State by the bayonets of the Enrolled Militia in 1865, and public sentiment demanded that he should give them the benefit of his wis- dom and experience in its formation.
The Convention of 1875 is conceded by all to have been composed of the ablest and best men in the State. He was elected President of that Convention, during an absence enforced by professional duties, and without any caucus or combination. He discharged the duties of the position to the entire satisfaction of his associates and the people of the State.
In 1876, he removed to St. Louis, in order to attend more conveniently to important litigation in which he was interested. He remained there until 1884, when he returned to Osceola, although still retaining an office in St. Louis.
Judge Johnson was married October 27, 1847, to Miss Emily Moore, of Clarksburg, Virginia, and of this union there were born four sons and a daughter: William T., a law-
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yer of Kansas City, Missouri; Thomas M., a well known Greek scholar and lawyer of Osceola, Missouri; St. Clair C. and Charles P., citizens of Texas, and May, who died in infancy. Mrs. Johnson died at Osceola, Missouri, May 31, 1884, and Judge Johnson died there August 14, 1885, and botli sleep in the cemetery of that city, which was so long their home.
While he was a constant reader of the Holy Scriptures, a firm believer in Christian principles, and frequently expressed his admiration for the Roman Catholic Church, as the best organized expression of Christianity, yet he never connected himself with any ecclesi- astical organization. Whatever may be the reward of those of kindly heart, who by their deeds earn the gratitude of the industrious poor, and by charity in thought and works make friends of all who know them, he has received in the eternal world .*
WILLIAM TELL JOHNSON,
KANSAS CITY.
A SON who has proved altogether worthy of his father's name, and is endowed with the force and character to carry forward the great work prosecuted by him during his life, is William Tell Johnson, of Kansas City. He followed in the footsteps of his father, Judge Waldo P. Johnson, professionally, and has succeeded to the management of the greater part of the large estate left by the latter, who was one of the noblest men Missouri ever pro- duced. As lawyer, soldier, member of the Legislature, Judge, member of the Confederate Senate and a member of the Senate of the United States, much of his life and high ability were given to the service of his fellow-citizens and are of public record. As a private citi- zen, he inust ever be remembered as one of Missouri's most public spirited men, and one who used his wealth freely in the development of the State's resources through private investment. His son has demonstrated that he is likewise endowed with both the capacity for great business affairs and exceptional talent as a lawyer. In the law respecting corpora- tions he is rated as an authority, and in that field of practice has been very successful. He is a thorough believer in advancement and progress, and may be considered a broad, lib- eral, talented, patriotic, public-spirited citizen, whose residence cannot be otherwise than in the highest degree beneficial to any community or section.
*The following just analysis of his character was made by Maj. John N. Edwards, his intimate friend, and the most distinguished writer Missouri has produced: "As quict as he was in the last twenty years of his life, as modest, as retiring and as unassuming, he was yet the safest guide, the truest friend and the wisest counselor any one ever had who wished to know what honor was, and truth and spotless integrity. Yon had to know him long to know him at all. After the war, he went through the world grave, placid, thinking much, reading a great deal, and going out to men rarely. For the struggle of life - for that constant need to be equal to any crisis or any emergency- no one was ever more thoroughly armed and equipped. He knew law, war, men, politics, history, science, religion and philosophy, and yet he was so gentle and winning in his conversation that you only listened, satisfied, without striving to analyze his many-sided character, or sum up the various qualities wherein the man excelled. Before he died, he saw a great many strange sights, and had to do with a great many strange things. What a history he might have written! He knew Missouri so well. A pioncer among her pioneers, he was also a giant when there were giants in the land. After the Civil War, peace showed just as clearly as military strife what a soldier he was. He owed $100,000 in security debts, and he had some wild lands here and there to pay these debts. He paid them. The same gentleness, patience, and forbearance which began with him in the beginning, abode with him to the end. And so he dicd." Hon. B. G. Boone, then Attorney-General of the State, said when presenting, in the Supreme Court, the memorial of the St. Louis and Henry County bars on the death of his life-time friend: "Brilliant and commanding as was the public and professional career of Judge Johnson, his private life shone with a still more resplendent Instre. He was possessed of an elevation of thought, a purity of purpose and nobility of action worthy of earnest emulation. To-day, as we pay tribute and homage to his name and virtnes, he sleeps quietly on the banks of the beautiful and historic Osage, while his lofty spirit has passed to the distant Aiden, where hope provides an Elysium for the soul, mortality assumes immortality and life becomes an endless splendor. A carcer so full of earnest endeavor and honorable actions is equally the pride and glory of the State, and among all the great names of Missouri, both of the living and the dead, there is none more honored than that of Waldo P. Johnson."
William J. Johnson
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The biography of his father, Judge Waldo P. Johnson, will be found elsewhere in this volume. His mother, whose maiden name was Emily Moore, was a daughter of an old Vir- ginian family, whose members have been frequently distinguished in various walks of life. His great grandfather was a soldier in the Revolution, achieving the position of Major on the patriotic side in the struggle. He was also prominent in the Indian Wars, his wife, whose maiden name was Rachel Pindall, having been slain by the red men in western Virginia.
William Tell Johnson was born August 4, 1848, at Osceola, St. Clair County, Missouri. After a complete educational training at the University of Notre Dame, Indiana, he studied law in the office of his father, and under his direct supervision. Becoming proficient in
legal literature and theory, he was admitted to the bar June 29, 1872, at Butler, Missouri. Returning then to Osceola, he began his career as a barrister, exhibiting at once an ability which foreshadowed his present success. In his methods he has always displayed a patience that succeeds, preferring, instead of cutting legal Gordian knots, to untie them. Plainness in language and clearness of demonstration are two traits that mark him professionally. He has never been guilty of multiloquence, being convinced that plain, clear, logical statement of fact is often more effective than ornate rhetorical flourishes, and thus Mr. Johnson's juries have always been convinced, more by simple, matter-of-fact proofs of truth than by ebullient bursts of oratory. The wholesome light of day shines on all his transactions before the bench and bar, for he is peculiarly a man of fact as a lawyer, and his success depends largely on that characteristic.
The scene of his legal labors was Osceola until 1879, when he removed to Kansas City. Meanwhile he established a partnership with John H. Lucas* in 1874, and in 1883 William H. Lucas was added to the firm. Johnson & Lucas is the name of the firm to-day, and they do business at both Kansas City and Osceola, though Mr. Johnson resides in Kan- sas City. He believes in railroads, and like his eminent and public-spirited father, has done much as a developer of various parts of the State through such investments. Street railways have likewise been favorite investments with him, and his enterprise has also been active in the founding of a number of banks.
An ardent Democrat and a practical Roman Catholic, he prides himself on being upright politically and religiously, and lias made himself and his fellow-citizens better men thereby.
September 15, 1885, he took for his wife Miss Agnes M. Harris, a native Missourian, daughter of Dr. Edwin E. Harris, of St. Clair County, a prominent surgeon in the Confed- erate Army, who sacrificed his life upon the altar of Southern liberty. To intrinsic per- sonal loveliness, she adds the breadth of a liberal college education, and the grace of mus- ical culture, that ranks with the highest to be obtained in America. Three children bless their union, Margaret, Robert and Mary. Their home is in the southern suburbs of Kansas City, where by reason of the environments, they enjoy both the comforts of the city and the pleasures of the country.
J. V. C. KARNES, KANSAS CITY.
J. V. C. KARNES was born in Boone County, Missouri, on the 11th day of February, 1841. He is the son of Thomas Karnes and Elizabeth (Payne) Karnes. His father was of German descent, his mother a member of the Payne family of Virginia, which,
*The sketch of Mr. Lucas will be found in its regular order in this division of this work.
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from early time, furnished many well known names to local and national history. Of this line was the charming and beloved "Dolly " Madison and her equally attractive sister who married a nephew of General Washington.
Even at the period of young Karnes' birth, Boone County was one of the richest and most prosperous in the State, affording favorable surroundings for his growth and develop- ment. After passing through the country school in his vicinity, he entered the State Uni- versity at Columbia, maintaining the highest standing in his class during a four years' course under President John H. Lathrop, the influence of whose commanding personality and active interest in him, Mr. Karnes has declared one of the most, if not the most, im- portant formative factors of his life.
Before his graduation, the law had become his chosen profession, and soon thereafter he entered the Harvard Law School as a student of the science. Subsequently he was elected an instructor in English literature and the classics at the Missouri State University, and accepted the position. He made a most successful teacher, awakening the enthusiasm of the students and inspiring their interest in the work they had to do. But his ultimate purpose was the law, and he did not allow his temporary educational work to entice him from the pursuit of his legal studies and his determination to win his way in the "great profession."
During his college days, he had become associated with Henry N. Ess, a fellow-student, able and forceful in mind and character. Ess, too, had become an instructor in the State University after graduation, and had adopted the law as his prospective vocation in life. The two pursued their legal studies together while in the university faculty, under the direction of Hon. Boyle Gordon, of Columbia, a lawyer of ability and learning.
In 1863 Mr. Karnes was married to Miss Mary A. Crumbauglı, of Columbia. Her in- fluence upon the life of her husband has been a blessing and an inspiration. Her native power, with her eager assimilation of all that was best in her environment, has kept her in growth and development fully abreast of her husband, and the success which crowns their lives-if not, as Mr. Karnes would loyally insist, due pre-eminently to her-may be truly said to be their mutual achievement. Their three children, a son, Lathrop, and two daughters, Mrs. Alfred Gregory and Miss Mary Gilman Karnes, reside in Kansas City, the last named with her parents.
The choice of a location confronted Karnes and Ess in 1865, and after surveying the field, they wisely, as the event proved, fixed upon Kansas City. It was then the eastern terminus of the Santa Fe trail, a rough, straggling, border town of a few thousand inhab- itants, which had had its full share of vicissitudes incident to the Civil War. Its geograph- ical location, however, its subsequent selection as a Western railroad center, and the energy of its people, all combined to make its destiny assured. The firm of Karnes & Ess opened an office in Kansas City in the month of August, 1865. Their professional beginnings were small. The starvation process through which most successful lawyers have to go was borne with fortitude and without complaint. Mr. Karnes and his partner believed in the maxim that if they kept their office, their office would keep them. By degrees clients began to drop in, and thicir interests being well served, others followed in their train, until soon the firm of Karnes & Ess was recognized as one of the leading firms of the city.
After twenty-one years of joint professional life, the longest of any firin in the city, Mr. Ess retired, and his place was taken by L. C. Kranthoff, a brilliant young lawyer, who
1 A-C.K.
Legal Publishing Co. St.Louis
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had already won laurels in the profession as a member of the firm of Smith & Krauthoff, at the capital of the State. A few years later, D. B. Holmes, a lawyer of the highest standing at the bar of the city, was taken into partnership, the firm name being Karnes, Holmes & Krauthoff.
As a profound lawyer and a successful practitioner, Mr. Karnes stands in the foremost rank of the profession. By many he is regarded as the leader of the Kansas City bar. The secret of his success is not difficult to discover. At the bottom of his legal learning, he has a well disciplined mind, a large amount of strong common sense, a rare mastery of details, and an ability to reach results. To this is added unflagging industry. As a coun- selor, he is conservative and safe, taking a broad view of the situation and surroundings of every matter submitted to him, and foreseeing the result of his advice in a given case witlı wonderful certainty. As a practitioner, he is most thorough in his preparation of a case for trial, not only going over it in detail with client and witnesses and examining the law bearing upon the points at issue, but laying out a plan of attack or defense with all the care of a military leader. A fine judge of human nature, one of the best cross-examiners at the bar, he has the remarkable gift of never appearing surprised or discomfited in the eyes of court or jury, no matter how damaging the evidence or how disappointing the instruc- tions.
His belief in the justice of his client's cause, and his sincerity and earnestness in presenting it, have had very much to do with his phenomenal success as a trial lawyer. Many lawyers are recognized as peculiarly strong either before the court or before the jury. Mr. Karnes is strong before both. He is not only clear, logical and forcible in his pre- sentation of a proposition of law to the Judge, but persuasive and convincing to a marked degree in his arguments to the jury as well. He has had to do with very much of the heavy litigation of the city for the past quarter of a century, his clients including many of the leading business inen and inany of the largest corporations of the city. His firm led the fight for the Water Works Company with the municipality in the great contest over the purchase of the works or the renewal of the franchise, and while the franchise was not re- newed, the purchase by the city was decreed at such a price and upon such terins as would, undoubtedly, have been accepted by the company if proposed in advance of litigation.
Mr. Karnes has always been a favorite with his professional brethren when occasion required the aid of additional counsel. His advice and assistance have been of the best at all times, and association with him in a case has always given confidence of success if at all attainable. He has ever been approachable by young men, being considerate of their views and helpful with wise counsel and active aid whenever requested.
He was one of the first Presidents of the Kansas City Bar Association, continuing in office until he declined to be further re-elected, and at all times upholding a high standard of professional ethics and promoting good-fellowship among its members. The papers read by him before the Association have always been prepared with care, have been listened to with interest and are preserved among its most valuable archives.
The loyalty of his clients is proverbial. Like the true lawyer that he is, he makes their causes so thoroughly his own that they look upon him as much from the standpoint of a "friend " as from that of "guide " and "counselor."
His home life has been uniformly pleasant, and with his wife and family lie las dis- pensed a generous hospitality to his friends. Mr. Karnes has always taken a lively interest in public affairs, but without ambition for personal political preferment. A Republican
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from principle, he has adhered to the party upon State and National issues. In matters of municipal concern, however, he has always been independent, looking upon the city as a great business corporation and measuring candidates for office by the standard of honesty and fitness, regardless of political considerations. In 1880, the Republican party, recog- mizing his standing as a lawyer and as a Republican, nominated him for Judge of the Supreme Court, but the party being in a hopeless minority at the time, he was not elected.
In 1887, he was a member of the first Board of Freeholders appointed to draft a Char- ter for Kansas City, making it a constitutional city, and while the Charter prepared by that board was defeated, it was used as the ground-work of the Charter subsequently framed which was adopted.
In the educational life of his chosen eity, Mr. Karnes has been a prominent factor. Becoming a member of the non-partisan Board of Education in 1869, he served successively as Treasurer, Secretary and President for a continuous period of thirteen years, retiring of his own motion in 1882. During his term of service, and largely through his intelligent supervision, the public schools of the city developed from small beginnings into one of the most complete and successful systems of education in the entire West. To him is the credit due for the establishment of the Public Library, now having more than 30,000 vol- mines, and which recently took possession of a commodious and well appointed building, erected at a cost of $200,000.
The public, after respecting his desire for relief from the cares of office, has again called him into service upon the School Board, where it is to be hoped he will consent to remain for life and continue to build upon the foundations so well laid by him and his associates more than a quarter of a century ago.
Mr. Karnes is a many-sided man. He recognizes that while the law is a jealous mis- tress, a lawyer has other duties to perform in the community in which he lives aside from the mere practice of his profession. He, therefore, early identified himself with the Co111- mercial Club of Kansas City, an organization of business men and publie spirited citizens which has contributed more largely, perhaps, than any other one element in the upbuilding of the city's interests, both at home and abroad, not only in a business way, but also in the way of public improvements and in its support of public charities. As Chairman of the Committee on Municipal Legislation, he has rendered most valuable service to the con1- munity, both in the discussion of measures that were proposed and in the promotion of such as promised substantial benefit to the public. A just recognition of his faithful per- formance of duty in that position is seen in his re-appointment from year to year, with- out question, by cvery incoming President of the Club.
As further evidence of his many-sided character, Mr. Karncs drew the charter and was one of the charter members of the Provident Association of Kansas City, that being the organization which has dispensed the charity of the citizens in a systematic way for a long period of years. He served upon the Board of Directors and gave much time to the work for several years after its organization and has been a constant contributor to its funds. Aside from this, however, many a man, woman and child will rise up to call him blessed for encouraging words and a helping hand in times of need.
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While not a member of any church, Mr. Karnes is a firm believer in the great truths of the Christian religion, and his life and character attest the truth of the statement that he is daily walking in the "narrow way" of duty.
His virtues may be summed up in a few words: A good father, a faithful husband, a loyal friend, an eminent lawyer, a model citizen.
Kansas City, Mo., November, 1897.
GARDINER LATHROP.
HENRY SMITH KELLEY, SAINT JOSEPH.
JUDGE HENRY SMITH KELLEY, LL. D., has been a prominent figure in the legal and political life of Northwest Missouri for thirty years, and before coming to this State, had asserted his strength as a lawyer, writer and a inan in all the various places he chose as a residence. As Circuit Judge he upheld the majesty of the law for fifteen years, and as a legal writer he has added mnuch valuable literature to his profession. His work on "The Powers and Duties of Justices of the Peace, Etc.," with practical forms and essays on various titles of law, published in 1869, is regarded as one of the best of its kind ever published, and has passed through three editions. "Kelley's Criminal Law and Practice," published in 1877, is considered one of the best compilations on that subject. In 1871 he published "Kelley's Probate Guide," a treatise on the law and practice of Probate Courts. On the organization, in 1873, of the Department of Law in the University of Missouri, Judge Kelley was appointed Lecturer on Criminal Law and Practice, and on Pleading and Practice, and held that honorable and responsible chair in the University for sixteen years. In 1879 he was employed by the Missouri Legislature to assist in the revision of the Mis- souri Statutes. Although lie assisted in the revision of all the laws, he had especial charge of the criminal code, into which he introduced many important and beneficial changes. After removing to St. Joseph, he revised thie ordinances of that city, and has been for many years one of the Central Law Journal's most interesting contributors.
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