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 8
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After the enfranchisement of the Southern element after the war, Col. Anderson was ambitious to be again returned to Congress, but his aspiration was never gratified. He acted with the Democrats until the formation of the Greenback party, when he became a leader of that organization and gave much of his time to advocating its principles. Prob- ably no man ever questioned his integrity, and he had the confidence of the public as few men had, keeping it for fifty years, and was always worthy of it. He was a member of the Presbyterian Church, a Royal Arch Mason, and a great advocate of temperance. Married twice, he raised ten children, four of whom became lawyers: Rufus E., at Hannibal, a man
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THE HISTORY OF THE BENCH AND BAR OF MISSOURI.
of great talents, and Williamn R., at Palmyra, an excellent business lawyer. Another son, Samuel, died many years since in Memphis, Tenn., greatly admired by the bar and the people of that Southern city; and the other, Thomas L., settled in Louisiana, Mo., where he was making a fine reputation, wlien he too was called up higher. Col. Anderson died some twelve years ago at a good old age.
Uriel Wright was another gifted man who for a time shed luster on the Palmyra bar by his great eloquence and skill as an advocate. No doubt, justice will be done to his great merits by Col. Broadhead in connection with the members of the St. Louis bar, to which place he removed about 1840, having, however, first represented Marion County in the Legislature. He is said to have been one of the most eloquent men who ever lived in this State. He was born at Madison Courthouse, Va., in 1805 and removed to Missouri in 1833, settling, as intimated, at Palmyra. At that time the cholera was bringing mourning into nearly every household in that village, for during 1832 and 1833 this epidemic was much more fatal in this isolated country place than even in any of the larger cities, although it is stated that in the latter year one-twelfth of the population of St. Louis fell victims to the dread disease. In Palmyra, it is said, 105 died out of a population of less than 600. This fatality has been attributed by some to the fact that the people all used water from the fine spring of which mention has been heretofore made. The writer had the facts about the cholera from the mouth of Col. Anderson. Maj. Wright, as he was called, was not deterred by the prevalence of the epidemic from locating among the good people of Marion's capital, but young and brave, cast his lot among the sick and dying.
Samuel T. Glover, another shining light of the Palmyra bar, was of a family noted for its high spirit and quickness to resent any imputation of dishonor. Hon. John M. Glover, a brother of Samuel, represented the Northeast Missouri District in Congress from 1873 to 1879 and was a most fearless inan in advocating what he thought right and in denouncing every- thing he believed wrong. No danger could move him. The father of these Glovers lived in Knox County, Mo., and was noted for his courage, integrity, impetuosity and honor. The subject of this sketch studied and practiced law in Palmyra until he moved to St. Louis, ten years or more before the war, and in that metropolis he became leader of its learned and talented bar. He departed this life some twelve years since.
Judge John D. S. Dryden was still another man who helped make the Marion bar famous, and who after acquiring a great reputation moved to St. Louis and there practiced his profession for many years. In 1838 he was admitted to the bar in Montgomery County, Mo., but immediately joined himself to the brilliant legal constellation at Palmyra, and succeeded by industry and hard study in holding his own, though not a great orator, with the famous advocates who there adorned the profession. In 1862 Governor Hall appointed him one of the Justices of the Supreme Court, which place he filled with honor and ability until ousted by the vacating ordinance of 1865, which emptied all the offices in the State that they might be filled by Radicals under the Drakc Constitution. He died a few years ago in St. Louis and his son, John Winchell Dryden, is still a member of the bar there. Nat C., another son, now deceased, was in his day one of the most erratic but brilliant geniuses of the Missouri bar. Judge Dryden was a very pleasant, polite and courteous gentleman -and the writer acknowledges favors at his hands.
Edwin G. Prattle is a character well remembered by the old citizens of Northeast Missouri, for he had a striking appearance, was over six feet tall, with a very large head and broad shoulders, was somewhat eccentric, but very bland, and he had a child-like and
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THE EARLY BAR OF NORTHEAST MISSOURI.
innocent sinile which was irresistible. To see it once was never to forget it. He was a man of moral and studious habits and wholly devoted to his profession. Born in the State of New York, his early advantages were excellent and he had a classical education; but like thousands of enterprising young men, determined to seek his fortune in the West, and he, like Major Wright, settled in Palmyra in the cholera year of 1833. He was a profound and painstaking man rather than brilliant, and was not an attractive speaker; but he con- tinued up to old age, and longer than most other members of the profession, to travel around the circuit. He took little interest in politics and never became a candidate for office. He died some fifteen or more years since. Though a very mild man, "Counselor Prattle, " as he was familiarly known, had spirit, and in July, 1838, in the trial of a case at Shelbyville, he and Samuel T. Glover becaine involved in a personal difficulty and blows were exchanged. They were fined for contempt of the court, the Grand Jury then indicted them, each plead guilty and each was fined five dollars.
Henry S. Lipscomb studied law in Shelbyville in the office of A. L. Slayback, but went to Palmyra to practice. Being an industrious and careful man of business, with good legal and speaking ability, he rapidly built up a large practice, even in competition with such inen as Anderson, Glover, Dryden and Redd, and accumulated quite a fortune. He liad alı impediment in his speech which at times caused him to stutter in a manner that amused strangers. During the war he was Colonel of a regiment of Union soldiers, but after the war he denounced inost bitterly all who favored the disfranchisement of the Southern sympathizers. He had a great ambition to go to Congress, but this was never gratified, though in 1874 he was a candidate on the People's ticket against Col. John M. Glover, the Democratic nominee, and the two being both bitter men, had a very bitter controversy.
Col. Lipscomb was kind to the younger members of the bar and for years always gave James C. Hale, now for many years Judge of Probate of Shelby County and a brilliant speaker and writer, great help, when he was young in the practice; and the writer has often heard Judge Hale speak in the warmest terins of praise of his friend. Some fifteen or more years ago Col. Lipscomb went to St. Louis and there practiced for a while and for a few years in Denver, Col., but he returned to Palmyra to die.
The writer well remembers that in the spring of 1866, in company with another young lawyer from Illinois, H. Payne Higgins, he entered Col. Lipscomb's office, both being per- fect strangers to Missouri, to Missouri people and Missouri politics, and after inquiring about a good place to locate, Col. Lipscomb said: "Young gentlemen, I sincerely hope you will locate in this State, and that you will come with the determination to help us over- throw the worst tyranny that was ever fastened upon any people. We are bound hand and foot by the Radical tyrants." This mnade a deep impression upon the writer's mind and he can yet remember the deep earnestness of the man as he denounced the tyrranical acts of the party in power.
Judge John T. Redd is the last one of the old Palmyra bar of which it is my duty and pleasure to speak. He was not in any sense brilliant, but was deep, broad, profound and logical. For fifteen years he was Judge of the circuit composed inost of the time of Marion, Shelby, Ralls and Monroe Counties; part of the time Audrain and perhaps other counties were included, and he always had the confidence of both bar and people. In 1834, at the age of eighteen, he came with his father from Kentucky to Marion County, and continued to farin until he was twenty-seven, having studied law during nights and at odd times, and then was licensed to practice law, and soon took rank among the leaders in the profession. He was a
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THE HISTORY OF THE BENCH AND BAR OF MISSOURI.
deeply religious man and took great interest in such matters. While holding court at Shelby- ville about 1877, a inan delivered, one night at the court house, a very peculiar religious dis- course, and just as the congregation was being dismissed the Judge said: "I have a few words to say, my friends," and for nearly one hour he held the audience while he discoursed most logically and profoundly on religions subjects. For many years Judge Redd was in partnership with Col. Edward McCabe, one of the most polished and scholarly men who ever adorned the bar of Northeast Missouri. Col. McCabe is still living, but for a number of years has been so afflicted that he could move about only in a chair.
THE SHELBY BAR.
About the year 1835 the Western part of the territory included in Marion, and called Black Creek Township, was organized into a new county named Shelby and the county seat was located near the center and called Shelbyville, though the first term of Circuit Court was held at a place six miles east, where there was a store and probably a blacksmith shop and called to this day, Oak Dale.
Alexander F. Slayback. The first lawyer of any note appears to have been Alexander F. Slayback, the father of Col. Alonzo W. Slayback, who came to such a tragic death in the office of the St. Louis "Post-Dispatch " some fifteen or more years ago. Mr. Slayback was a hard student and having completed his preliminary studies, was in 1838 admitted to the bar and settled in Shelbyville, where his distinguished son, above mentioned, was born, and there for ten years the father worked diligently and even laboriously at his profession in the new county; but though he had plenty to do, it brought little cash to his coffers and he changed to Lexington, where he remained till his death in 1848. He is said to have been socially one of the most companionable of men.
Joseph M. Irwin. This gentleman was Shelby's second lawyer of note. He was born in Winchester, Va., in 1819 and came to Shelbyville when sixteen years of age; there he studied law in company with Henry Lipscomb, afterward a member of the Palmyra bar, in the office of A. F. Slayback. In those days a man had to go to the Supreme Court to secure a license to practice and the examinations were very strict. There young Irwin went and returned with the necessary "sheepskin," and immediately opened an office. He was recognized as a young man of talent, and being a good speaker, he rapidly secured a good practice.
During the 'fifties he served two terms in the State Senate. Hancock Jackson, of Ran- dolph County, was his opponent at one time, and while Irwin was a very honorable, confid- ing man, Jackson was the opposite. The question then was the granting of State aid to tlie North Missouri, now the Wabash Railway, which was to run through Randolph. The people of that county were enthusiastic for the road, while in Shelby they were bitterly opposed to granting it State bonds. The candidates had an appointment to speak at Leverick's Mill in Randolpli, and Jackson wrote Irwin that he could not well be at the meet- ing and asked his opponent also to stay away. To this Irwin agreed; but the night before, two of Irwin's friends in southwest Shelby learning that Jackson intended to fill the appointment, went in haste to Shelbyville, where they arrived at the "noon of night," awakened Irwin from his peaceful slumbers and told him of Jackson's scheme. These friends were Charles Kyle, now dead, and Edward Tansil, still a citizen of this county. So all three lastened to Leverick's Mill and Irwin remained undiscovered until Jackson had made his speechi advocating State aid for the railroad. Then the two friends raised a loud cry
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THE EARLY BAR OF NORTHEAST MISSOURI.
for Irwin, who promptly appeared, exposed Jackson's trick, and told the people how their candidate had in Shelby denounced the railroad scheine. This crcated much indignation against Jackson and secured Irwin's triumphant election.
In 1861 Irwin was elected to the Constitutional Convention as an unconditional Union man, and there he voted against secession and for the emancipation of the slaves to take effect in 1876. In 1866, his health being impaired, he quit the practice of law, moved to Clarence in the same county and went into mercantile business, and in 1877 departed this life. One of his sons, L. E. Irwin, died recently while filling the office of Chief of Police of Kansas City; and another, Win. A., now lives in Maryville, Mo.
John McAfee. A noted character in Shelby County for many years was John McAfee, not so much as lawyer as a politician. He was repeatedly elected to the State Legis. lature, usually as a regular Democrat, but once as an independent candidate, and at the breaking out of the war, he was Speaker of the House and a strong secessionist, and was in the Confederate service. After the war he settled in Quincy and became a stock trader.
John F. Benjamin. Probably a man of more real ability than any lawyer that ever lived in the county, was John F. Benjamin. He came from Central New York in 1848, then between twenty-five and thirty years of age, bought a yoke of oxen and commenced farming. The next year he went to California, returned in 1850 with somne gold, was immediately noini- nated and elected to the Legislature by the Democrats, then studied law, becaine County Surveyor, and laid off the swamp lands and bought much of it. This land is now the best in the county, and in this speculation Benjamin made some money. He then became County Attorney and "gathered gear by every wile that's justified by honor " and by some, possibly, that was not, for he was a lover of the dollar, and piled them up rapidly. He was a financier and became the wealthiest inan in the county in his day. He was also a great joker, full of pranks and "sells." Circuit Clerk Chipley was rather a stylish, proud man, and one day he bought a sack of flour and asked the grocer to find a cheap boy to carry it (this was before the days of delivery wagons). Benjamin, standing by dressed in broadcloth, said, "I'll carry it home for a dime." "I'll give it," replied Chipley. Benjamin wrapped a paper around the sack, took it upon his shoulder and carried it to his own house instead of Chipley's, then returned and permitted Chipley to "guy" him about going into the dray business. But when the Clerk went home and found the flour had not reached his kitchen, his wrath became warm. Benjamin said he would take a sack of flour at any time, espe- cially when he could get a dime along with it. He built the finest house ever seen in the county before the war, and in 1872 built, at Shelbina, the most expensive one ever erected in the county. He was also fond of fine furniture and pictures.
When the war came on, he declared himself an unconditional Union man, and became active in opposing secession. In the fall of 1861, some of Porter's men, led by William (known also as " Doc ") Davis, who had for a time practiced law in Shelbyville, made a dash one night into the town and surrounded the houses of some of the leading Union men. They sought Irwin, but he happened to be at church and a friend picked him up (he was a small man), and carried him away and kept him concealed. Benjamin hid in his garret, but he was discovered and taken prisoner. The next day he was taken to the house of Judge Oliver Terrill for dinner, surrounded by enemies. Judge Terrill, who knew him to be a religious man, asked him to say grace, and as he did so the tears filled his eyes; the only time, it is said, he was ever known to exhibit such weakness.
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THE HISTORY OF THE BENCH AND BAR OF MISSOURI.
From Captain, Benjamin became a Colonel, and as a commander he had a prisoner shot in retaliation for the killing of some Union inen by bushwhackers. This was a dark and bitter day for Shelbyville and the surrounding country. About this time McNeil was having men shot in retaliation and because they had violated their parole.
From 1865 to 1871 he represented this district in Congress. Then he established a bank at Shelbina, the first one in the county (now there are seven), and having insulted James Hanly, who had worked for him, he was shot and severely wounded in the breast by Hanly, who was acquitted. This occurred in 1874 and developed the fact that there was a very bit- ter feeling against the Colonel, so he sold out the bank and went to Washington, where he opened another banking business; Mrs. Benjamin, however, remained in Shelbina, and occupied their mansion alone.
While in Congress the Colonel had become enamored of a very beautiful and charming young woman named Guy Allen, whom he adopted (he having no children), but Mrs. Benjamin drove her away from Shelbina. In the spring of 1877 Col. Benjamin died in Washington under somewhat suspicious circumstances, and it was found that he had willed the most of his property to the adopted daughter. Mrs. Benjamin died a few months later, and a brother and a few other relatives of Col. Benjamin brought suit in Shelby County to set aside the will on the ground of undue influence. This suit was brought by King and Giles of Shelbina, and there were two unsuccessful trials in which the best legal talent was employed on both sides. Then the Washington court decided that city to be Colonel Ben- jamin's residence at the time of his death and distributed his property so the handsome woman got his money. Col. Benjamin did a great deal to make Shelby a strong Union county.
Benjamin F. Dobyns had a brief career of only ten years at the bar, but he established, in that time, tlie reputation of being a very careful, reliable and learned lawyer. He was raised in Marion County, was in the Confederate Armny, where he was twice wounded. After the close of our late "unpleasantness," he taught school at Shelbina and studied law. Admitted to the bar about 1870 or 1871, he was in 1872 elected the first Prosecuting Attorney of the county, which office he filled with great credit and faithfulness for two terms.
In 1880 he became State Senator, and in that body he held a high rank, being consid- ered about the best legal talent there. His health being poor, largely in consequence of his wounds, he abandoned the law and became a lumber merchant at Shelbina. A few years ago he died, leaving a very interesting family of children, he having married, in 1872, Miss Cordelia Williams, a woman of great ability and force of character. Mr. Dobyns was one of the purest and most honorable men that ever lived, and in consequence, his life added Inster to the legal profession of this county. He was kind and true in every relation of life.
Richard Porter Giles. Born in Kentucky, the son of Dr. Granvill Giles, raised in Mon- roe County, educated at St. Paul's in Palmyra, Richard Porter Giles there studied law in the office of Redd & McCabe. In 1868 he opened an office, then a very young man, in St. Joseph, wlicre he remained several years. Being discouraged, as young lawyers are apt to be, with the difficulties of securing practice, hc abandoned the profession and went into the grocery business at Shelbina. But this not proving to his liking, in 1875 he formed a partnership with Charles M. King, who had been in practice for a number of years, and this firm soon took a leading position. In 1880 Mr. Giles was elected Prosecuting Attor- ney (the only office he ever held), to which position he was four times chosen. He estab-
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THE EARLY BAR OF NORTHEAST MISSOURI.
lished a great reputation as a prosecutor, especially in securing the conviction of Joseph Glahn, for the murder of Judge Joseph Hunolt. The testimony was all circumstantial and was handled in a inasterly manner. The Supreme Court, however, set the verdict aside and the defendant went free. He was employed to prosecute Young, at Palinyra, for the murder of his father, and to the great surprise of everybody, including probably Mr. Giles himself, the defendant was convicted, but the Supreme Court also knocked this out. He helped the prosecution, likewise, in the celebrated Hearne case, and he was employed in other murder cases. He was always best on the side of the prosecution, and his delight was to close tlie argument. He was a good, thorough lawyer, but as an advocate he excelled. He gained the confidence of the jury, and he riddled his opponents and their witnesses with red hot shot. He was positive and sanguine, and when interested or stirred up, he had great power. He had a way also of ingratiating himself into the confidence of the Judge, and other members of the profession, as well as the people, usually, though, he had more influence with the Court than anyone else.
He was tall, and, in his younger days, very slimn, and he had a great desire to broaden out, which desire was gratified largely. As a conversationalist he had few equals. With a inind well stored with information, a fine command of language, and a vivacious, sociable disposition, he was of course always interesting. His young wife died in 1872, leaving two infants, a boy and girl. Mr. Giles remained a widower to the day of his death, living with his aged inother and father, the foriner of whom survives him. His son is practicing medi- cine in Texas and his daughter lives with her grandmother in Shelbina.
The great ambition of Mr. Giles' life was to go to Congress. Of this he dreamed and for this he struggled. In 1892 he made a gallant fight against the veteran Col. Hatch for the nomination, but was defeated in a primary by about 400 votes. Again two years later, he renewed the contest and came a little nearer the goal. In 1896 he made another effort and this time he was successful, being triumphantly nominated and elected. But disease had marked him for its victim. He was sick all the latter part of the summer and fall, and two weeks after receiving the largest majority ever given in the district, he passed over the river to his reward. His funeral was one of the largest ever seen in this part of the State.
Mr. Giles had literary taste, and loved books; he was fond also of anecdotes and reminiscences. He was a firm believer in the Christian religion, and belonged to the M. E. Church South.
He was not a financier and lived and died poor, though his habits were not expensive, saving in cigars. But in country places, a lawyer may have a large practice and yet his income be small, and only by careful management and rigid economy can he accumulate anything. Mr. Giles, like most lawyers of prominence, had students in his office, and one of these, G. W. Humphrey, is commencing a promising career at the Shelby County bar, and occupies the rooms so long held by his instructor.
Before the war and for ten years after, a large part of the litigation in the Circuit Court of Shelby County was managed by lawyers from Palmyra. Col. Anderson, R. E. Ander- son, W. M. Boulware, Col. McCale, Col. Lipscomb and " Counsellor " Prattle attended every term. But for the past twenty years, be it said to the credit of the bar of this county, few cases have been tried which have not been managed by home talent; and at present the Shelby bar is composed mainly of young men who promise the ability and learning to keep up the reputation of the profession. It is said (I question the truth, however) that Horace Greeley once said that the only good of a lawyer was to be hanged. No profession has
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THE HISTORY OF THE BENCH AND BAR OF MISSOURI.
done more for the public good than the legal one. The lawyer helps to adjust the conflicts that necessarily arise, and to inaintain law and order, without which we should soon sink into barbarisin. The lawyer is a necessity (if he is an evil, then he is a necessary one) in all civilized countries.
MONROE COUNTY BAR.
A little more territory was given to Shielby's neighbor on the south of her, and that county was established four years sooner, in 1831. As was the case in Shelby, so in Mon- roe, the first Circuit Courts were held in dwelling houses, and these were built of logs.
James R. Abernathy was the first lawyer of note, and was a character that attracted much attention for many years. Born in Virginia five years before the close of the last century, at the age of twenty-one he made his way to this State and taught school among the pioneers of Marion, Monroe and Ralls County, and while thus. engaged, application was made to him to recover a stand of bees-a "bee gum," as it was called. "Abbey," as he was familiarly named, found a copy of the statutes, then a small volume compared to its present bulk, and looked the index through for "bee gum," then for "bees," and finally for "honey." He had an idea everything had to be in that book. Being disap- pointed, he commenced turning the leaves until he found the chapter on "Forcible Entry and Detainer." "Ah," said he, "I have it." He instituted his action under this chapter and secured the "bee guin."
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