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 74
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Our subject's birth occurred near Cincinnati, Ohio, December 18, 1832. His father, Samuel, a native of Ohio, was a mechanic, having a cooper shop near Cincinnati, and employing about fourteen workmen. After selling this shop in 1840, he removed to Wayne County, Indiana, where he engaged in agriculture. Still following this avocation, he after- ward lived in Henry and Grant Counties, Indiana. Our subject's paternal grandfather, William, emigrated when a young inan from his native Emerald Isle, near Dublin, first settling in Pennsylvania and later going to Ohio, and was one of the early settlers near Cincinnati. In the War of 1812. he was in active service with his two sons, John and David, all of whom were in Hull's surrender. The wife of William Kelley was Miss Wallace, an aunt of Governor David Wallace, of Indiana, Gen. Lew Wallace's father. Mr. William Kelley, who was a well-to-do man in this world's goods, was one of the contractors for the Miama Canal, and was prominently connected with inany public enter- prises. Nothing is known of his ancestors in the Old Country, but he raised a large family whose descendants are living in different parts of the United States. Our sub- ject's father engaged in farming in Indiana until his death in 1878. His wife, formerly
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Miss Mary Holder, was born near Cincinnati, her parents of German descent, having emigrated there from Pennsylvania. Her death occurred in Grant County, Indiana, in the same year as that of her husband, 1878. Of her eleven children, ten grew to adult years, and five brothers of our subject were in the Civil War, on the Federal side; two of these, Samuel and William, dying while in the service. The others, Jonathan, Abraham and Daniel, served until the close of the conflict. Jonathan died in Benton County, Mis- souri, in 1896; the other two are still living.
Judge Henry S. Kelly's boyhood was passed in farm work and attending district school. He assisted his father in clearing his land after his removal to Grant County, and about that time attended the Marion select schools, working for his board and thus earning his tuition. The last winter he attended school he became acquainted with Mr. James Brown- lee, the County Auditor, and boarded at his house. That gentleman assisted him in his study of law, as he was an attorney, while the young student helped him in his office. About this time he was assistant to the Postmaster, all the time, however, keeping up his studies. He was admitted to the bar in 1853 in Marion, Indiana, having practiced a little previously and being then only twenty years old. He was elected Prosecuting Attorney for the district in 1854, serving one term, and in 1856 was elected Judge of the Common Pleas Court, then thought to be the youngest Judge in the United States. He served in that position for four years, being only twenty three at the time of his election.
In 1861 Judge Kelley went to Dakota, locating at Vermillion, where he was honored by an appointment to the staff of Gen. James Bouge. In 1862 he was a candidate for Auditor of the Territory, but was defeated by fraudulent election returns from the Red River Country. He engaged in the practice of his profession, located and surveyed a road in 1862 from Lake Shetec, Minnesota, to Sioux Falls, South Dakota, and established a mail route. He also in 1862 located on a claim, but on account of Indian massacres and depre- dations, returned to Grant County, Indiana, his former home, after remaining the winter of 1863 in Sioux City, Iowa. His particular object in returning was to assist in the manage- ment of an important case. For a time he resided in Marion, Indiana, engaged in the practice of law, and also edited a newspaper, vigorously advocating the Union cause, and in the fall of 1864 located in Wabash and formed a partnership withi Hon. Calvin Cowgill, where he built up a good practice and edited the Wabash Tribune, and stood by Congress in its opposition to the policy of President Jolinson. He was Deputy Provost Marshal and served on the Board of Enrollment in 1864.
In August, 1866, the Judge removed to this State, locating at and practicing law in Savannah, and in 1869 was elected Alderman of the city. In 1870 he was a candidate for Circuit Judge on the Republican ticket, but was then defeated. In the spring of 1872, at a special election, lie was nominated on the same ticket for the same office, and was elected Judge of the Twenty-ninth Judicial Circuit by a handsome majority. He was re-elected in 1874 and again six years later, serving in that position about fifteen years. In 1884 he was nominated on the Republican ticket as a candidate for Congress, running against James N. Burnes, but was defeated. In 1886 he was the Republican candidate for re-election as Cir- cuit Judge, but a combination of the opposition defeated him. In 1888 he inade the race 110 the Republican ticket in Buchanan County for Judge of the Criminal Court, but his party being largely in the minority, he was defeated.
Since 1887 lie has made St. Joseph his home and has been actively engaged in gen- eral law practice. The Department of Law in the University of Missouri conferred upon
AS Milley
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Judge Kelley the degree of LL. D. in 1882. He gave up his post as lecturer in that institution in 1889 on account of the pressing demands of professional business. He is not wealthy, but is comfortably situated.
In Sturgis, Michigan, Judge Kelley was married in 1855 to Miss Adalia Harlan, who was born in Marion, Indiana, and is the daughter of the Hon. Andrew J. Harlan, ex-Mem- ber of Congress and a prominent politician in Indiana, having served two terms in Con- gress and seven years in the State Legislature. For two terms Mr. Harlan was Speaker of the Missouri House of Representatives and for one terin Speaker of the House in the Dakota Legislature. Being of Quaker ancestry, he was in sentiment a Free Soil Demo- crat, and assisted in organizing the Republican party, and has been an active Republican ever since. He is now in his eighty-third year, living at Savannah, Missouri, enjoying reasonably good health. He is a descendant of Michael and George Harlan, who emi- grated from England about the middle of the Sixteenth Century, and whose descendants are very numerous and may be found in all parts of the United States, many of whom have occupied important positions as statesmen and jurists. Mrs. Kelley was reared and educated in Marion, Indiana, and also attended the St. Augustine Convent at Fort Wayne, Indiana. By her marriage she has become the mother of seven living children, namely: David B., who was educated at the University of Missouri, is a practicing attorney of St. Joseph. Samuel H., a graduate of the Columbia College, of Washington, D. C., from which he received the title of Bachelor of Laws, was Judicator of Claims in the United States Treasury Department from 1882 to 1885, and was then appointed Chief Clerk of the United States Land Office at Wakenney, Kansas, November 1, 1886. He resigned his position and removed, in 1887, to Scott City, Kansas, where he engaged in practice and also edited the Scott County News. Later he practiced with his father in St. Joseph. In 1888 he was nominated for the Legislature from Scott County, Kansas, but was defeated. Two years later he was nominated on the Republican ticket in St. Joseph, Missouri, for the Legislature, but was also defeated. In 1887 he was united in marriage with Miss Julia Gra- ham, who was born in Berrien Springs, Michigan. He now lives at Benton Harbor, Michi- gan, and is engaged in practicing law. Henry S. graduated from the Ensworth Medical College of St. Joseph in the class of 1893. Jolin M. is carrying on a farm in Andrew County. Mary is now Mrs. S. M. Marshall, of Lowry City, Missouri. Ralph and Thalia, who are now at home, complete the family.
Mrs. Kelley is a member of the Methodist Episcopal Church, and is an active worker in all its various departments. She is also prominent in the Women's Christian Temper- ance Union, having served six years as local President, and represented her society as delegate to the several State and National Conventions of that organization. The Judge is a member of the Ancient Order of the United Workinen and tlie Select Knights, and is a staunch Republican.
ALEXANDER WINFIELD KELSO,
GRANT CITY.
LEXANDER WINFIELD KELSO is a " 'forty-niner," not one of the golden Argo- AL nauts, but born in the year 1849. This year is memorable for the birth of many of Missouri's famous lawyers. His birthday was on October 19, in Grundy County. The sturdiness of the Scotch and the fervor of the Irish character are illustrated in him, and
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are his by inheritance. His father was of Scotch parentage and a prosperous farmer, and came here from Indiana. The mother's family were Scotch-Irish. They settled in South Carolina. The father of this lady (the grandfather of Mr. Kelso) was a soldier who won renow11 as a Colonel in the War of 1812.
Young Kelso obtained his education in the public schools of Grundy County. Then lie studied law in the office of Judge George Hall, and afterwards with Col. J. H. Shank- lin, both of Trenton, Missouri, and was admitted to the bar at Trenton, Missouri, in 1874, by Judge Debolt.
While not yet fifteen years old he became a soldier in the Civil War, enlisting in Com- pany A, Forty-fourth Missouri Infantry. This was in 1864. He served until 1865, being nearly all the time with General Thomas' corps in the campaigns of Tennessee and Missis- sippi, an instance of youthful valor and patriotism of which few can boast. Promotions would have been his in plenty had the war lasted and his years as a soldier increased.
In his character can be found a precocity remarkable. A soldier at fifteen, he became a Justice of the Peace on reaching the legal age, a position he held in Lincoln Township, Grundy County. For three terms he was Prosecuting Attorney of Worth County, from 1875 to 1881. It was shortly after his arrival in Worth County that he was appointed Prose- cuting Attorney, to complete the unexpired term of R. T. Sloan, and his services were so faithful and efficient that his fellow-citizens saw fit to elect him twice afterwards to the same office.
Mr. Kelso as a lawyer does not believe in dwelling on trifles, for his mind and his tal- ents are of too large a calibre. In debate, no subject is too complicated for him, and the more involved the topic under discussion, the more heartily he enters into the contest. He practices brevity and conciseness in speech, and he is brief and concise to a degree that carries conviction readily into the hearts of his auditors. Rounded rhodomontades and elongated alexandrines are not in his category of rhetoric. Many juries have confessed that he was their convincer, as much by his quaint directness of speech as by the forceful- ness of his arguments. Juries do not doze when Mr. Kelso's voice rings through the court room, and the attention they pay to him is like that of the listener at a lecture by a pro- found scholar. They drink in every word and are refreshed, enlightened and convinced. Perhaps one of the secrets of his success lies in the simplicity of the man, which inspires confidence in the rectitude of all his utterances. Inequality in men is a thing he cannot consider when in forensic attitude, for then, by his earnestness and downright humanity he 11takes all men his equal. He has a fine habit of dragging up those below him and placing tliem at his side. He is one who appears to live for the highest objects for which inen of culture strive, and his refinement is purely of the class which has been thrice through the crucible. Intelligent, beyond the current education of the day; erudite in all that relates to legislation and human character; pathetic in appeal and bold in denunciation, Mr. Kelso is a Missouri lawyer of whose talent his State should be proud. While fond of performing the liardest work in behalf of his clients, he is still a lover of relaxation. It is in these genial moments of easc that liis intensc humanity makes itself apparent. All the toil and botlicr of thic court room are laid aside and forgotten, the enmities of dispute forgiven, and lic becomes a playful boy again. He looks more to health than to wealthi, because he believes happiness is the chief end to be sought, and that health contributes thereto in a much greater degree than wealth. Those absorbed in the pursuit of gain, though not his enemies, are still not liis boon companions. While obedient to conventional usages, he
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has an originality of intellect which marks out an independent course, and his independence is a prevailing factor in his successful career.
In 1884, when Mr. Cleveland was the Democratic nominee for President, Mr. Kelso was made Elector from the Third Congressional District. For several years he has been Chairman of the County Central Democratic Committee, and still holds that honored position. No State Democratic Convention is complete without him, and he has been sent as delegate so many times he has ceased counting them.
As Odd Fellow, Mason, Knight of Pythias and member of the Grand Army of the Republic, he has served his fellow-men with the integrity and good faith of a Spartan. In politics he is, as has been said, a Democrat, and as "straight" Democratically as a drawn string.
In September, 1875, in Grundy County, he was married to Miss Fanny Linnie, daughter of Dr. William Linnie, one of Grundy County's foremost physicans. They have two brilliant children. One is Arthur P., an attorney-at-law, who was admitted to the bar in 1897. The other is Edgar, a student, who lives at home, and promises to follow in his father's footsteps.
JOHN KENNISH,
MOUND CITY.
NE of the rising men of the State is John Kennish, of Mound City, who is not only one of the best known lawyers of the Northwest, but also one of the most promi- nent young Republicans of the State. Mr. Kennish is a Manxman, having been born in the Isle of Man, November 11, 1857. He is the son of William and Katherine (Callow) Kennish, both families being of ancient occupation of that peaceful little island. William Kennish, the father, was a Methodist preacher and came to this country in 1870 with his family, his son, the subject of this sketch being then thirteen years old. The elder Kennish in his native country was a farmer and miller, as well as a minister, and the farm he sold, when he decided to emigrate, had been in his family for more generations than could be counted. When the family reached America they settled in Holt County, Mis- souri, and there the elder Kennish followed the vocation of a farmer until his death in the fall of 1897, his wife and helpmeet also dying within the same month.
John Kennish received his higher education at the University of Missouri, where he graduated in the class of 1884. He at once went to Kansas City and began the study of law in the office of John S. Crosby, and in August, 1885, he returned to his home county, and was admitted to the bar at Oregon, the county seat. Then he opened all office at the neighboring town of Mound City and is still established there.
He has been City Attorney of Mound City and Prosecuting Attorney of Holt County, having been elected to the last-named position in 1888. In 1890 he was again a candi- date, but was defeated by a fusion of the Democracy and the Farmer's Alliance element. Two years later (1892), he was elected from the First Senatorial District to the State Senate, having the distinction of being the only Republican in the Senate of the Thirty- seventh General Assembly from that great stretch of territory north of the Missouri River. It was in the enlarged field thus offered him that he first gave the public an idea of his mettle. Although the opposition in the Upper House was overwhelming, the young lawyer did not permit that to intimidate him, but presented a courageous front on all occa-
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sions and on partisan measures made such resourceful opposition as won the admiration of his fellow-partisans and opponents alike. He easily took rank as one of the leaders of the minority and played a conspicuous part in all the debates and acts of that session. His effectiveness naturally attracted the notice of the influential mnen of the party, and he was urged in 1896 to become a candidate for Attorney-General on the Republican State ticket. This sentiment respecting him was unanimous, and he was nominated at the party conven- tion held at Springfield, without opposition. The ensuing canvass brought him before the people of the entire State, and wherever he spoke he made a good impression, which will doubtless redound to his benefit at some point in his future political career, for that he will have such a future can scarcely be questioned.
Young, popular, able, of fine address and winning personality, he is well equipped to make a name and reputation that will be the envy of every ambitious young man. He is an impressive speaker, and his words glow with vigor and eloquence. He has the talent to adapt himself to conditions, and whether addressing a mixed political gathering, a non-political assemblage, a jury, or a learned Judge, he always shows a remarkable sense of proportion and his ideas are admirably apropos. He is genial in manner and "warm- blooded, " and has many qualities of head and heart to excite admiration and win friend- ship. He is a Master Mason and a Knight of Pythias, and is patriotically alive to the wel- fare of his State, county and town.
June 15, 1896, Mr. Kennish was married at Kansas City to Nellie, daughter of H. C. Offutt, senior member of the firm of Offutt, Elmore & Cooper, of Kansas City. Mrs. Ken- nish is a beautiful and accomplished lady, and those who know her believe she will con- tribute a full share to her husband's future success.
RANDALL REUBEN KITT,
CHILLICOTHE.
R ANDALL REUBEN KITT, a native of Indiana, was born at Huntington, that State, January 24, 1845. The name Kitt is doubtless of English or Scotcli derivation, though descendants of the family regard themselves as Pennsylvania Dutch. The solution is to be found in the fact that the family name was planted in that State far prior to the Revolution, but by long residence among and intermarriage with this sturdy and peculiar people for many generations, the family became and are Pennsylvania Dutch. This has led to the impression that this family name was of a derivation that conformed to its Keystone environ- incnt. Mr. Kitt's grandfather, who died at the advanced age of one hundred and two, was born in York County, Pennsylvania, in 1779. His father, Daniel Kitt, married Mehetable Morse, thic mother of our subject, who came of an English family which settled in New York at a date even earlier than the Kitts found a location in the colony to the south. That they were of true pioneer stock, brave and adventurous, is shown by the fact that prior to the Revolution they penetrated westward and settled in Indiana, and from this branch the subject of our sketch is derived. Many of the family's descendants are to be found in various parts of that State to-day. The calling of the elder Kitt, who was a millwright and a cabinet maker, was of a nature that caused him to travel considerably, and hence his son's youth was spent in Indiana, Iowa, Missouri and Arkansas, where the family resided at various times.
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Randall received the elements of his education in a private school of Adair County, his attendance thiereat being terminated by the family's removal to Arkansas. There they were located when the Civil War began, at which time young Randall was about seventeen years old. The Union sentiments of both father and son soon forced them to leave Arkansas, the former going with his family back to Indiana. The son enlisted, May, 1862, in the Ninth Illinois Cavalry, with which he served until 1863, when he was relieved on account of sickness. After his recovery, in November of the same year, he re-enlisted with the Twenty-second Indiana Infantry, with which command he served until the cessation of hostilities. He served under Curtis, A. J. Smith, Sherman and Thomas, and participated in the various campaigns of those Generals in Arkansas, Tennessee, Mississippi, Kentucky and Georgia. He underwent many dangers, exposures and privations which permanently broke his health and from the effects of which he has suffered for over thirty years.
After the war he returned to Missouri, entered the State Normal at Kirksville and com- pleted his education. Then he studied law under J. M. Davis at Utica, Missouri, and was admitted to practice by Judge Clark at Chillicothe in 1872. He returned to Utica and began practice as a partner of his preceptor, Judge Davis. From Utica he removed to Bed- ford, which like Utica, is one of the thriving towns of Livingston County. He remained at Bedford five years, and then returned to Utica in 1880, where he sojourned until 1890, in which year he removed to Chillicothe, the judicial seat of Livingston County.
Mr. Kitt is a Republican, willing at all times to serve his party up to the point of run- ning for office. He has always drawn the line there, convinced that the law was sufficient to employ to the fullest the talent of any man. He is known by every citizen of the pop- ulous and rich county where he lives, and is held in the highest credit by his fellow-citi- zens. He is a member of the Masonic fraternity and of the Grand Army of the Republic, and has served as Commander of the last named organization. He is at this time President of the Exchange Bank, of Chula, Missouri.
Mr. Kitt was married January 20, 1874, at Bedford, Missouri, to Miss Miranda M. Davis, the beautiful daughter of W. T. Davis, a mmerchant of Bedford, and a brother of Judge J. M. Davis, Mr. Kitt's legal preceptor and former partner. Mr. and Mrs. Kitt have three living children: Paul Duane, a law graduate of Missouri State University; Kate, a graduate of Stephens Female College, of Columbia, a beautiful and gentle girl and one of the most popular in Chilicothe, of whose society she is a leader; and Laura, a minor, now attending the primary schools.
LOUIS CHARLES KRAUTHOFF, KANSAS CITY.
OUIS CHARLES KRAUTHOFF is a native of St. Louis and was born February 18, L 1858. His father, Louis Krauthoff, born at Coblentz, Germany, emigrated to Ainer- ica in his youth and married Sophia Riseck. The subject of this biography is their eldest son1.
The latter was educated in the cominon schools of St. Louis and Jefferson City, hav- ing removed to the State Capital with his parents in 1863. When thirteen years old he left the public school and became a inerchant's clerk, serving as such for a year and a half, or until he quit to enter Washington University, St. Louis. He manifested a bright, quick intelligence and was a splendid student while at school, and though but sixteen when
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lie left the University, it was to take up the study of law. For this purpose he entered the office of H. Clay Ewing and J. L. Smith, at Jefferson City, and had completed his studies and was admitted to practice December 5, 1876, by Judge Dillon, of the United States Circuit Court, at Jefferson City. This made him a regularly constituted attorney at eighteen years of age. In the same year he was appointed City Attorney of Jefferson City and served as such and practiced law until he accepted the position of clerk offered him by Hon. J. L. Smith, then Attorney-General of the State. He accepted that post in 1877 and held it until the expiration of Mr. Smith's terin in 1881. Mr. Smith was a man of perception, and recognizing the powers and possibilities of the young lawyer, then admitted him to partnership.
In 1882 the Democracy of Cole County named him as its candidate for the Legisla- ture. He was elected, and although barely eligible to serve, on account of his youth, it was shown that this was a technical and not a real objection, by the fact that the Speaker, recognizing his ability, placed him on the following committees, some of which are import- ant: Criminal Jurisprudence, Penitentiary, Benevolent and Scientific Institutions, Per- manent Seat of Government, and the special committee on Judicial Circuits.
In 1886, desiring a larger field of practice, he located at Kansas City. The wisdom of this change is shown in the success that has followed it and in the prominence he has attained as a lawyer and as a citizen. On July 1, of the year above named, Mr. Ess retir- ing from the firm of Karnes & Ess, Mr. Krauthoff succeeded him. D. B. Holines was admitted to partnership in 1889, and the firm style is now Karnes, Holines & Krauthoff. The firm is one of the strongest legal associations in Kansas City. It devotes its attention largely to civil and corporation law, and has about all the business it can take care of.
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