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 81
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Colonel Phelps has by virtue of intellectual power and personal charin made himself one of the best known and most influential men of the commonwealth. Although never asking, or in a state of mind to receive any political reward whatever, for years he has been known as one of the creative minds of the Democratic party in this State. For a decade or more he has been a potent force in shaping its action. He is a natural diplomat, and years of constant intercourse with the best inen of his time has polished and perfected this faculty to the highest possible degrec. Suave in manner, persuasive and polite, lie seeks to control
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men by leading rather than by methods which have any suggestion of driving. His expe- rience with men is most inclusive. As Assistant General Solicitor of the great Missouri Pacific railway system, charged with the duty of protecting his client's interest on many sides, he has shown a tact, skill and wealth of resource which have compelled admiration that is his as one of the ablest men of the State. Notwithstanding his diplomacy and his art of winning men to his view, he is a mnan of inflexible will and high spirit. His per- sonal courage has been more than once tested and is without a flaw.
Colonel Phelps was married February 8, 1868, to Miss Lois J. Wilson, of Summit County, Ohio. An interesting family of children have been born to the couple. Although Colonel Phelps' office as attorney for his road, frequently takes him away from home for weeks at a time, he loves the quiet joys of home and family above all else. He resides at the picturesque and interesting town of Carthage, in a beautiful mansion, recently erected, which is said to be the finest and most beautiful home in that part of the State.
JOHN FINIS PHILIPS, KANSAS CITY.
THE history of Judge John Finis Philips, of Kansas City, soldier, jurist, orator and statesman, should be to the pen of the biographer an inspiration, qualified though it must be by a knowledge of a lack of ability to accord such an able and eminent man the justice that is his due. That John F. Philips must be given high rank among the many sons of Missouri who are her moral and intellectual Titans, and that luster will be added to that page of her history on which his name is written, no one will question. His fame has long ago passed beyond the confines of the State of his birth and life, but in him is not found the verification of that bit of poetic phrase which tells how "distance lends enchantment to the view," but rather an exception to the rule, for on the contrary it is true that the nearer he is approached, the more worthy he is found of public honor and private regard, and that his greatness of soul and intellect is most clearly apparent to those who know him best; to those who as his neighbors and friends hold close contact and communion with him. He must indeed be nobly endowed whose qualities are such as to withstand the familiarity of daily life, and make of it an agency whereby respect is engendered rather than the contempt which such intimacy is said to breed. In this respect Judge Philips is peculiar. The circle of his fame extends as the wavelets from a stone cast into the waters, not increasing fictitiously on the outer circumference, but naturally and justly of greatest moment and effect at the center. He is a many-sided man, and in this respect also is peculiar; for on every side he presents a polished and perfected surface. As a soldier he displayed a natural aptitude for the science of war, and by brave and gallant conduct won high promotion; as a statesman he proved his eminent ability and his deep knowledge of the affairs of State; he is a brilliant scholar, and as a citizen is worthy the emulation of every youth who aspires; but it is as a jurist and orator that he is best known, and this is the field in which he most fully demonstrates his great abilities. He is a student of the law and his knowl- edge of it is profound, while as an orator he is brilliant, graceful and eloquent.
His father, John G. Philips, was of Irish ancestry, and although born in Virginia, was early in life taken to Kentucky, which must hold in its environment much that is best calculated to shape character aright and develop strength and virility in men and
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the highest virtuc and beauty in women. Here he grew to manhood. He was a patriot and an ardent lover of his country, and when the War of 1812 broke out, was one of the soldiers of the republic. Although but a boy in his 'teens, he demonstrated that in fortitude and courage he was the equal of any of his comrades. He followed General Harrison on his "Tippecanoe Campaign, " and saw mnuch active service. In 1817 he married Miss Mary Copeland, of Mercer County, Kentucky, and moved by that pioneer courage and love of adventure which nothing daunted, the couple determined to seek their fortune in that wilderness then known as the Territory of Missouri. After the fatigue and dangers of weeks of travel, they at last reached what is now Boone County, and settled near Thrall's Prairie, and faced the future with all the world before them and with no capital but strong and willing hearts and hands. There the elder Philips laid the founda- tion of the old homestead, where the family lived for half a century and where John F., the youngest child of the family, was born December 31, 1834.
Young John F. passed his childhood and youth, as do mnost country lads, imbibing a love of nature from an intimate association with her in her various moods, and being trained in the practice of industry and self-reliance by his excellent parents. His father impressed lis inind with the dignity of labor and his mother early instructed him as to his duty to himself and to others. It was she also who early led his mind to the study of books and encouraged him to cultivate a taste for such things. From an early age he assisted at the work of the farm, attending the district school in winter. His mother was a thorough believer in the adaantage of education, and to her he is largely indebted for his rudimentary education. But he early co-operated with her efforts, as he soon displayed a taste for study and all of his idle time was spent with his books. His inother more accurately gauged the talents and abilities of her son than any one else, and was ambitious for him to adopt the law as a profession, and accordingly he procured a set of text books and began the work of instructing himself in the law's intricacies. He read these works and re-read them, study- ing and analyzing them, with the result that he was well versed in the law when in 1856 lie entered the office of Gen. John B. Clark, of Fayette. Besides the instruction he obtained by study at home, Colonel Philips was given an excellent schooling in the literary branches in private schools and at Missouri University, which he entered in 1851 and left in 1853. In the same year he went to Kentucky and matriculated at Centre College, there completing his education, and graduating with honor in April, 1855. As before stated, he entered the office of General Clark at Fayette in 1856, and in 1857 he passed his examina- tion, was admitted to the bar and turned out a full-fledged lawyer.
He located at Georgetown, Pettis County, which was then a town of comparative importance, but has since been overwhelmed and in a measure extinguished by the greater development of Scdalia. The young lawyer believed in beginning life aright, and accord- ingly, in the same year he began the practice of law, entered into a life partnership with the sweetheart of his college days, Miss Fleecie Batterton, of Danville, Kentucky.
Those were days of great possibilities to the young man of ambition and of energy in Missouri. The State was just beginning that development which within a few decades transformed it from a virgin and sparsely settled country into a rich and productive Statc, and naturally in such a condition the best and strongest are frequently given opportunities to claim their own. It is not surprising then that the young lawyer soon demonstrated the mnettle that was in liini, or that at the breaking out of the Rebellion he was reaping the benefits of a good practice. He had already forged to the front, and his brilliancy and
So & Philips
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oratory had won him the marked attention of the public. Young as he was, he in 1860 was honored by the position of Alternate Presidential Elector on the Bell and Everett ticket. The eloquence and the intellectual forcefulness of the young orator merited this mark of confidence, as well as the higher honor of a place in that Convention called to con- sider the relations of the State to the Federal Government. It was in 1861 that he was nominated to represent his Senatorial District in that important and dignified body, and making the canvass as a pronounced Union man, was elected by a large majority over such able and popular men as Judge William B. Napton and Frank T. Mitchell. With one exception he was the youngest inember of that potent and venerable convention, but not- withstanding this, his eloquence and genius forced him into a conspicuous position, and although he bore himself modestly, as was fitting in the presence of age and experience, he to no small extent determined the results of its deliberations.
But the breaking of the war cloud changed everything, upset everything, reversed everything, and naturally had a profound bearing on the fortunes of the subject of this biography. It suspended the professional work in which he was engaged, but offered opportunities to gain distinction in another field. His efforts in the Convention which for- mally ratified the loyalty of Missouri to the Union, attracted the attention of Governor Gamble, who marked the young lawyer as one who displayed characteristics as a natural leader of men. The Governor had obtained permission fromn President Lincoln to organize ten regi- ments of special cavalry for the Federal service, and he selected Mr. Philips as one of the ten to carry out this plan. The latter began the work of recruiting, and in a short time the Seventh Cavalry Regiment reported for duty, with John F. Philips as Colonel, Thomas T. Crittenden (afterward Governor of Missouri), as Lieutenant Colonel, and Emory S. Foster (now of St. Louis) as first Major. The regiment did effective service in Missouri and Arkansas and was frequently complimented by division commanders for its gallant bearing. For bravery and gallantry in repelling Price when he raided Missouri, Colonel Philips received the commendations of Major-General Pleasanton, and was placed by Department Commander Rosecrans in charge of the Central District of Missouri, and by Governor Hall was brevetted Brigadier General, but failed of confirmation, not being in sympathy with the extreme party then in the majority in the State Senate.
On the declaration of peace he returned to his legal work, locating at Sedalia, where he was complimented by the opening of negotiations for a partnership, coming from Judge Russell Hicks, then the Nestor of the Missouri bar. This partnership was strength- ened in 1866 by the admission of the Hon. George G. Vest, now Senator from Missouri, this arrangement continuing up to 1869, when Judge Hicks withdrew. The firmn built up an enor- mous practice, and its wide extent and character are shown by the fact that their briefs range from the thirty-fifth to the seventy-seventli volume of Missouri Reports. This practice extended to many counties and covered every variety of litigation in all the courts, and in this connection the fact is worthy of record that Mr. Philips made the first important argument before Judge Dillon of the United States Circuit Court in the celebrated bond litigation in Missouri, and he was one of the leading attorneys in that battle of able lawyers.
His tastes incline him to the pursuits of private life, rather than to the strife of public and political contests, but his light could not be hid under a bushel, and in every contest involving public interests he has appeared on the side of the people and for justice and right. The ex-Confederates owe him much, as after the war he was one of the ablest
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advocates of pacification. In 1868 he was a delegate to the National Democratic Con- vention which nominated Seymour and Blair, and the same year was, without his knowl- edge or consent, nominated for Congress. Owing to the operations of the disfranchis- ing registration law of that time, his defeat was a foregone conclusion, but he made the race, and in 1874 was again nominated, and elected to the Forty-fourth Congress. Although a new member, his genius largely compensated for that disability and before the end of his term he was recognized as one of the brainy men of the House. He played a conspicuous part in the electoral troubles incidental to the Hayes-Tilden election, and his speech in the Electoral College in answer to Hoar of Massachusetts must be regarded as one of the finest examples of forcible and eloquent expression in the history of those times. The Speaker of the House recognized the analytical bent of his inind and made him a mem- ber of the special committee to go to South Carolina and investigate the Hayes-Tilden returns. His report thereon was conspicuous for its conciseness and clearness. He retired from Congress, March 4, 1881.
On returning from Washington to Sedalia, the place in his firm having been filled by James B. Gantt, now Supreme Judge, he determined to separate himself from politics if possible and practice his profession. As a measure contributing to this end, he fixed on Kansas City as a location and permanently established his home there in the spring of 1882.
It was his intention to enter the field of regular practice, as this is the work of all others to which his tastes incline him and to which his talents fit him. But he towered as a man and a lawyer too high above his fellows to long escape a call to the public service. Shortly after his removal to Kansas City, the Legislature provided for the selection of three Supreme Court Commissioners to aid the Supreme Court, which was greatly in arrears with its work. Judge Philips, Judge Alexander Martin, now Dean of the State University Law School, and Mr. Winslow were the three selected, and they entered on their duties in Marclı, 1883. This body existed until January 1, 1885, an amendment to the State Con- stitution having prior to this abolished it and created in its place two Courts of Appeal, one at St. Louis and the other at Kansas City. Judge Philips was again drafted for public service and was appointed one of the three Judges for the Western District Court. He acted as Presiding Judge of this body until 1888, in June of which year he was appointed Judge of the United States District Court for the Western District of Missouri, to succeed the late Judge Krekel, and still occupies that seat.
In the field of polite literature the Judge has displayed inany scholarly attainments, and as a post-prandial orator is famous. His wide and general knowledge of subjects of every character has made him in demand as an orator before college bodies and other gatherings of wide range in their variety. One of his most commendable efforts in this line, was inade before the Triennial Conclave of the Phi Delta Theta Society, at Nashville, Tennes- see, a few years ago, when he delivered an address that was a marvel of polished thought and elegant diction. He has been honored by the degree of LL. D., conferred on him by Missouri University, Centre College of Kentucky and Central College, Missouri.
On the benclics of the Supreme Court Commission, the Court of Appeals and the United States District Court, Judge Philips showed another side of his character. To be superior in many things is a genius accorded to few inen, but whatever he has essayed, the Judge has shown a knowledge of the subject and an adaptability to the requirements of the case that would lead to thic belief that he had been a specialist all his life and had bent his
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efforts to fitting himself in that particular line. Whatever may be its other endowments, his is a mind essentially judicial. His wide range of legal knowledge is shown in his opin- ions and decisions, which are inarked by their clearness and completeness. Another element of his character is decision. He never hesitates or evades the issue, and his quick intelligence and intuitive perception of the merits and bearings of the case, seldom leads him into error. On assuming the Federal ermine, many new and intricate legal questions con- fronted him. During the time he has sat on the Federal bench, he has grappled with many questions of constitutional import, has had to decide matters involving the prin- ciples of Federal law as it applies to corporations, real estate, mining, patents, etc., some of which were supposed to require a technical expert in their elucidation, but the Judge proved equal to every requirement of the office, and disposes of the big docket that confronts him, always with a promptness and thoroughness that is surprising. Few Judges liave earned his fame in the same length of time for the soundness of their opinions or their forceful thoroughness. His industry is only equalled by his decisiveness, and this is shown in the fact that during the five years he was on the bench of the Commission and the Court of Appeals he wrote and delivered 437 opinions.
As a lawyer before the bar and as a forensic orator, Judge Philips has shown a power and ability that have seldom been equaled in the history of the Missouri bar. He was ex- haustive in the preparation of a case, and his thorough understanding of it in all its possible bearings, his mastery of the law and his accuracy made him an invincible opponent. His oratory is persuasive, forceful, polished in rhetoric and abounding in graceful and well rounded periods.
While averse to all cases of a criminal character, thie disturbed character of society just subsequent to the war almost forced him to take such cases, and his great ability as a pleader has since then made the demand for his services so urgent that in all cases he has not been able to refuse. His acceptance of the defense of Frank James, the noted bandit, illustrates his kindness of heart and his devotion to a sense of duty. Although James was a member of the noted command of the rebel guerilla, Quantrell, and Judge Philips was a Colonel in the Union Army, and both operated in the same territory, it was to the latter that James applied through a friend, when he was considering the matter of surrendering to the State. The appeal to the Judge was reinforced by the statement that James was without money with which to pay for legal service, and this is believed to have had much to do with deciding the Judge to accept the case. He felt that humanity and chivalry demanded of him a defense of one in trouble and without money, notwithstanding that the odium and disfavor in which the noted guerilla was held, he knew would bring down on him a shower of criticism and abuse. But that was one more reason why he should undertake the case, and he did. All his great skill, learning, tact and ability were marshaled in that memorable trial. When he faced the jury he made the greatest speech of his life. It was preserved by the stenographer, and the strengthi, boldness, passionate eloquence and in, vocation of the spirit of Justice under a constitutional government, of that great plea- have seldom been equaled in forensic annals. As is well known, James was acquitted, and no one conversant with the facts doubts that liis able and eloquent defense was in the largest measure contributory to that result. During his career, Judge Philips has appeared as the defender in twenty-one murder cases, only two of which were lost, and these were reduced to lesser grades of manslaughter. Of five cases defended in other high felonies, he lost none.
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The Judge is still in the prime of life, alert, strong and virile. His future as a jurist is full of promise, and it is not too much to assume that his career has not yet reached the zenith of its fame.
Religiously he subscribes to the Presbyterian interpretation of faith. In 1877 he was a delegate representing this church in the Pan-Presbyterian Convention at Edinburgh, Scotland, and he took advantage of this opportunity to travel over most parts of Europe and visit all points of interest.
Judge and Mrs. Philips have two children, a son and a daughter. The son, Emmett, has followed in the footsteps of his father and adopted the law as a profession. He is located in St. Louis and is rapidly demonstrating his ability. The daughter, Hortense, is now married to William M. Fible, a broker of Kansas City.
VINTON PIKE,
SAINT JOSEPH.
F a long line of Puritan ancestors, dating their beginning in America so far back that history has preserved neither the day 11or the year, comes Vinton Pike, the well-known St. Joseph lawyer, who was born April 3, 1850, at Cornish, York County, Maine. His father was Charles W. Pike, and his mother, Susan Pike, was before imarriage a member of the Lewis family. The first named was a farmer, a man of the highest char- acter and one of more than ordinary education, having been in early life a teacher. He was always deeply interested in educational matters, and for many years served as Super- visor of public schools of liis town. He was a lineal descendant of Robert Pike, of Salis- bury, Massachusetts, who lived from 1620 to 1707, and who was a noted man of his day. His life is the subject of J. S. Pike's "New Puritan," published in 1879, and his character is also celebrated in Whittier's "How the Women Went from Dover, " and in "Margaret Smith's Journal." One of Robert's descendants, John Pike, of Epping, New Hampshire, the great great grandfather of the subject of this sketch, appears as a signer of the "Associa- tion Test." This Pike was a farmer and also a "Master Builder," in those days nearly the same as an architect of the present time. His sons settled on a tract of land in Cornish, York County, Maine, soon after the close of the American Revolution, and their descend- ants are now among the leading citizens of that county. The family of his mother was also engaged in agriculture and was among the oldest and 1110st highly respected of that part of the State.
Vinton Pike was educated in the public schools of his native town and at North Bridgeton (Maine) Academy. In April, 1869, at the age of nineteen, he left his native place to follow that vast army which had sought fame and fortune toward the setting sun. Reaching St. Joseph, he entered the law office of his uncle, the late Judge Bennett Pike, wlio settled in St. Joseph in 1863, and in 1879 became a citizen of St. Louis. Vinton Pike was admitted to the bar at St. Joseph, May 23, 1872. Since that day he has been in con- tinuous practice there, as well as in all other parts of Northwest Missouri. An unusual degree of success has been his, and this he has fully merited by reason of his assiduity as a legal student and his high natural ability as a barrister.
In politics he has not been an extreme partisan. Independence is one of his character- istics. He has always reached a well-defined opinion on every subject of personal and pub-
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lic interest and has often found it difficult to yield personal conviction to the supposed exigencies of party. However, he has generally voted the Democratic ticket. In 1896 he was a delegate to the State Convention of the National Democracy at St. Louis. In view of his independence of party dictation it may be concluded that he was never desirous or ambitious of holding public office, and with the exception of acting as City Counselor of St. Joseph from April, 1882, to April, 1884, he has devoted his whole time and attention to the law. He is a member of the Masonic fraternity, having been connected with Zeredetla Lodge, No. 189, A. F. & A. M., for many years.
He was married June 6, 1878, to Miss Minnie Frances Hereford, daughter of Dr. Richard H. Hereford, a leading physician of Buchanan County. Two sons have been born to them: Vinton, Jr., and Hereford, aged respectively seventeen and fifteen.
Mr. Pike is in character a man of the highest principle, and those who know him feel that every act of his life springs from or is governed by motives that have been conscientiously measured by a careful consideration of what is just and right. He is inspired by high ideals, a believer in and a seeker of the Good and the True. Positivismn is one of the marked traits of his character, and that much of his Puritan sternness and determination is to be noted in him, is not strange considering his antecedents. He is disposed to "hew to the line," and such determination and directness are two elements on which the success of the hardy New Englander is founded and by which he has demonstrated his fitness to sur- vive in all places and surrounded by every condition. But such traits are softened by a kindliness of demeanor and a saving humor which cause those who know him to love him. As a lawyer his ability would place him high at any bar. He has been a student of his profession and he understands its intricacies fully.
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