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 82

Author: Stewart, A. J. D., editor. cn
Publication date: 1898
Publisher: St. Louis, Mo. : The Legal publishing company
Number of Pages: 1330


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 82


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THOMAS JEFFERSON PORTER, SAINT JOSEPH.


JUDGE THOMAS JEFFERSON PORTER, of St. Joseph, comes of an honorable ances- tral line, being able to trace his descent back to forefathers who played worthy parts in the history of the American Colonies, and to men of character and distinction in England, Scotland, France and Germany, he having in his veins the blood of people of all those countries. His father, Jesse J. Porter, was of English, Scotch and French derivation, and was the son of Truman Porter. He was born in Suffolk County, Long Island, New York, in 1804, and was married in New York City, May 6, 1837, to Marion M. Fowler, who became the mother of our subject. Miss Fowler, of English and German ancestry, was born in New York City, October 22, 1815, and was the daughter of David Fowler and Saralı Ann Brown, his wife. In the year of their union (1837), the young couple removed from New York to Greenville, Dark County, Ohio, and there their son, Thomas Jefferson was born, December 17, 1842. He was the second son of a family of five sons and four daugli- ters, of whom three brothers-Welland M., of Cleveland, Oswego County, New York; Judge Virgil R., of Clinton County, Missouri; and Daniel R., and two sisters, Marion E. and Ida C., of Marion, Kansas, are living.


Jesse J . Porter, the father of the present Mr. Porter, died at Mount Moriah, Missouri, September 15, 1871, without an enemy in the world. Of extraordinary mental vigor, gen- erous to a fault and governed in all the relations of life by the highest conceptions of honor,


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lie commanded the respect and confidence of all who knew him or of him. The wife and mother who had for so many years been his adviser and helpmeet, survived his death, and now, at the venerable age of eighty-two, still retains to a remarkable degree the mental and physical vigor of her youth. She was possessed in a rich measure of the wisdom, culture, virtue and nobility of soul which made her a model wife and mother - qualities with which she knew how to imbue her children.


In his native town, our subject passed his childhood until the removal of his family to Sidney, Shelby County, Ohio. He was there educated, and there, in 1860, when he was eighteen years old, he began his legal studies in the office of Edwin Smith, a distinguished lawyer of that day and section of Ohio. In 1863 the father, in the hope of bettering his condition, decided to move farther west, and the son who had lived at home up to that time, determined to go with his parents. They located at Leon, Iowa, where Thomas J. resumed his law studies in the office of John W. Warner. He completed his course in 1865, and in that year was admitted to the bar at Leon.


Not considering the outlook at Leon as favorable as it might have been, he concluded to seek a location elsewhere. Within a few months after his admission to the bar he reached Plattsburg, Missouri, and there pitched his habitation. It took some degree of courage for a young man only twenty-three years old, with no legal experience and only his courage, natural ability, the nucleus of a law library and a few dollars, to begin his career and ask the confidence and patronage of strangers, amidst lawyers of long acquaintance and years of practice. The difficulties of the situation were aggravated by the asperities bred by the bloody conflict just closed. The Federal soldier had just returned from the army flushed with victory, while to the sting of defeat suffered by his Confederate brother was added the harsh policy of civil disfranchisement. The public mind was inflamed and all things in a demoralized condition and one less resourceful and bold than the young lawyer would have found the prospect most discouraging.


In the face of such adverse conditions, he made his start, and soon so proved his strength that in a short time he was doing a reasonable legal business. Just at this time he was also submitted to a test which illustrated his sincerity of purpose and honesty of conviction as nothing else could. Many young men would have yielded to the allurements offered by a political party then exercising a complete and victorious sway in State and Nation. Many would have seen in this new party's sudden rise, with most of its leaders scarcely known to the people, the supreme opportunity of the ambitious but obscure young man. Coming to a strange community, none knew the young lawyer's former party predilections. Perliaps to none were these opportunities clearer than to the young stranger on the qui vive for means of advancement and with his faculties sharpened by inexorable necessity. But "Tom Porter," as he afterward came to be known by all of Northwest Missouri, was a man of principle. He was a Democrat, and though that party then seemed forever extin- guished, he did not waver in his allegiance to it in the least. He boldly proclaimed liis political belief and became a courageous advocate of the policy of re-enfranchising the late citizens in rebellion. He would not do violence to his convictions; to teniporize was con- trary to liis nature, and thins by his steadfastness and activity as an advocate of Democratic principles at this critical time, lie both attracted the attention of the people of Clinton County and won the confidence of his party. He enjoys that confidence to this day, and has been no less conspicuous than unselfish in the political affairs of Northwest Missouri for over thirty years. Because of his eloquence he is in constant demand in every campaign,


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he commanded the respect and confidence of all who knew him or of him. The wife and mother who had for so many years been his adviser and helpmeet, survived his death, and now, at the venerable age of eighty-two, still retains to a remarkable degree the mental and physical vigor of her youth. She was possessed in a rich measure of the wisdom, culture, virtue and nobility of soul which made her a model wife and mother - qualities with which she knew how to imbue her children.


In his native town, our subject passed his childhood until the removal of his family to Sidney, Shelby County, Ohio. He was there educated, and there, in 1860, when he was eighteen years old, he began his legal studies in the office of Edwin Smith, a distinguished - lawyer of that day and section of. Olio. In 1863 the father, in the hope of bettering his condition, decided to move farther west, and the son who had lived at home up to that time, determined to go with his parents. They icitel at Leon, Iowa, where Thomas J. resumed huis law studies in the office of John M Wirver. He completed his course in 1865, and in that year was admitted to the ba


\ t considering the outlook a line as it might have been, he concluded to seek a location elsewhere andre ter his admission to the bar he reached . Platsburg Missouri, and there pe beg for habitation. It took some degree of courage for a young man. only twenty-thi .. old, with no legal experience and only his courage, natuur ability, the nucleus oba and a few dollars, to begin his career and ask the confidence and patron dodger , amidst lawyers of long acquaintance and years bloody conflict just closce sollier had just returned from the army flushed Thash go ley of civil disu The public mind was inflamed and all things in a


of platte The difficul Cien were aggravated by the asperities bred by the .il -bort, while to the uticied by his Confederate brother was added the derthalcondition and . resourceful and bold than the young lawyer would have


In the face of such alle litions, he made his start, and soon so proved liis strength that is moet time he was oarg a reasonable legal business. Just at this time lie was also sufonte1 to a test which illustrated his sincerity of purpose and honesty of conviction as mo hale could. Many young men would have yielded to the allurements offered by a polmed party then exen ing a complete and victorious sway in State and Nation. Many was onve seen in the new party's sudden rise, with most of its leaders scarcely kilden to the people, the supreme opportunity of the ambitious but obscure young man. coming to rage commis, none knew the young lawyer's former party predilections. Mfgwho were these opportunities clearer than to the young stranger on the qui vive Datement und woh his faculties sharpened by inexorable necessity. But he afterward gone to be known by all of Northwest Missouri, was a 111211 of p He was Tremmerat, and though that party then seemed forever extin- Quished, De wt waver in hnu allegiance to it in the least. He boldly proclaimed his political best and became a courageous advocate of the policy of re-enfranchising the late citiweh in rob de. He would not do violence to his convictions; to temporize was con- 'rary to his ho mol thus by his steadfastness and activity as an advocate of Democratic pimple & the policyl time, he. both attracted the attention of the people of Clinton County and a conilence of his party. He enjoys that confidence to this day, and has been so las vegas than unselfish in the political affairs of Northwest Missouri for Wey thirty your Date of his eloquence he is in constant demand in every campaign,


-


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and has given of his time and talent generously to advance the political cause in the right of which he sincerely believes. He is fair and courteous at all times. Even in the heat of a campaign these qualities are calculated to impress his opponents, for while in all things he is intense and positive he is bigoted in nothing.


In 1866 Judge Porter was appointed County Attorney of Clinton County, holding that office until the reorganization of the court following the election of that year, when he was succeeded by a Republican to agree with the political complexion of the court. In 1873 he was appointed by Governor Woodson, Judge of a court created for Clinton County by a special act of the Legislature, which had probate and other limited jurisdiction. He refused a re-election to this position, because it interferred with liis law business. Frequently his name has been urged as his district's nominee for Congress, but only once with his acqui- escence. This was in 1878, when he had as opponents before the convention, Gen. James Craig and Colonel Cundiff, of St. Joe; Judge Lafe Dawson, of Maryville; and Hon. David Rea, of Savannah. The last named was nominated after a protracted struggle in the con- vention. Again in 1886 he consented to the use of his name as a candidate for Judge of the Fifth Judicial District, comprised of the counties of Platte, Clay, Ray and Clinton. At the election, although he carried Platte, Ray and Clinton by handsome majorities, they were all overcome by the heavy vote of Clay for her favorite son, Judge James M. San- dusky.


In December, 1888, Judge Porter moved to St. Joseph, where he now resides, engaged in the practice of law. In his residence of about twenty-three years in Plattsburg, there were few cases of moment, either criminal or civil, in which he was not of counsel. He was engaged as a defender in every homicide case tried in Clinton County in that time, saving three. He defended the celebrated bandit, "Clel " Miller, whom it will be remem- bered was a companion of the Youngers and was killed in their celebrated attempt to rob the bank at Northfield, Minnesotta. Judge Porter defended Miller for robbing a bank at Chariton, Iowa, and secured his acquittal.


In October, 1866, Judge Porter was married to Sarah A. Shepherd, a native of Cum- berland County, Ohio. She is of English and Scotch ancestry, and a member of one of the oldest families of Pennsylvania. To this union there have been born six children, one of whom, the only son, died in infancy. In those who survive, their parents have five charming and accomplished daughters, four of whom are still at home. Alleta Attella is now the wife of Warren R. Mintern, engaged in the grocery business at St. Joseph. They have two children, Warren Porter and Helen. The daughters still at home, the pride and comfort of their father, are Zella Kate, Nettie Viola, Florence Leonie and Clara.


Judge Porter has been no less active in civic than professional and political affairs. He was an able and untiring advocate of the construction of the St. Louis & St. Joseph, and the Chicago & Southwestern (now the Rock Island) railways through Clinton County, and has always exhibited the most liberal public spirit. For many years he has been a consci- entious worker in the cause of Christ and a prominent member of the Presbyterian Church. His influence and effort have universally been exerted in behalf of everything that pertains to the good of mankind. Perhaps as fair an estimate of his character as has been made, here follows. It was written for this memoir by one who knows him intimately:


"Judge Porter is a man who is peculiarly and persistently true to his convictions. He never conceals or abandons them through purpose to placate or court the populace. With a highly analytic and discriminating inind, based on great study and the possession of wide


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information, lie assures himself of the correctness of his position and then goes forth to battle for it with eloquent tongue and persuasive logic. He, perhaps, has no superior in the State as a public speaker. There is certainly none who makes such convincing speeches. He is well nigh invincible in a campaign, because he appeals more to reason than prejudice and passion. His arguments are adorned with apt language and with such intellectual force as makes thein effective and often irresistible. His method of present- ing a matter to a jury is unique in that it is accompanied with evidence of sincerity as he proceeds, and armed with manifold displays of truth. He speaks with a natural grace and dignity that makes lasting impression, riveting the minds of his hearers with the deduc- tions and conclusions he seeks to enforce and establish. The evident earnestness of the advocate is depicted in countenance, gesture and bearing with such force and effect as to secure attention, respect and approval. But the plain frankness, candor and genuine- ness of the man seem to explain the power of his pleas, and render him forceful at the bar, or to any audience he may address. His reputation is for all that is good, high- minded, honorable, and above reproach. The man who trusts him is always confident and secure, knowing that his interests are in wise and safe keeping. Those who know him best are ready to vouch for him in any enterprise in which he may engage, and to guarantee his fidelity and trustworthiness in any undertaking. Coupled with his rare ability are such admirable traits of character as make him a citizen and lawyer of extra- ordinary influence and distinction."


WALLACE PRATT,


KANSAS CITY.


W ALLACE PRATT was born October 16, 1831, in Georgia, Vermont, where also were born his father, Nathan Pratt, and his mother, Charlotte Hotchkiss. His great grandfather, who settled in Vermont in about 1770, was a direct descendant of Lieut. William Pratt, who came to this country from England in 1633, and was one of the original proprietors of Hartford, Connecticut. The branch of the Hotchkiss family, to which Mr. Pratt's inother belonged, had also removed from Connecticut to Vermont; and this fact naturally led to close and intimate relations between the two families. In 1839 Mr. Pratt's father, with his family, removed from Vermont to Canton, St. Lawrence County, New York, where he soon became largely interested in the manufacture of pine lumber from the Adirondack forests.


In Canton the subject of this sketch was prepared for college, and, at the early age of fourteen, entered Union College, then under the control of the great educator, Dr. Eliplialet Nott, graduating in the class of 1849. Soon after leaving college Mr. Pratt began the study of law in thic office of Hon. Henry L. Knowles, of Potsdam, New York, but liis constant and close application resulted in impaired health, which obliged him, temporarily, to leave his studies and engage in outdoor life. From 1852 to 1855 lie assisted his father in his lumber business, and spent a great part of his time in the forests of Northern New York, where his health was soon re-established, and the founda- tion laid for that strong, robust constitution which has accompanied him thus far through life, giving energy and vigor to his mind, as well as his body.


Wallace Prates


Legal fblishing Co. St Louis.


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In 1855 nearly all the lumbermen of Northern New York, including Mr. Pratt's father, were forced to suspend business, in consequence of the great influx of pine lum- ber from Canada, permitted to come in free of duty by the terms of the Reciprocity Act of 1854. This freed young Pratt from the somewhat irksome restraints of business pursuits and enabled him to turn his attention again to the law.


November 27, 1855, he was married in Canton, New York, to Adaline A. Russell, daughter of Hon. John Leslie Russell, an eminent member of the bar of that State. She was a woman of much personal beauty, highly educated, and with great literary and artistic tastes and culture.


In his new relations Mr. Pratt again resumed the study of the law with such earnest- ness and vigor, that in the spring of 1856 he was admitted to the bar in Chicago, Illinois, to which point he had removed. In the latter part of 1857 he transferred his residence to Milwaukee, Wisconsin, and resolutely set himself to work to acquire a practice and achieve eminence in his profession, in the midst of a bar renowned for the number of its brilliant, able and learned advocates and lawyers.


In 1859 he formed a partnership with Hon. John W. Cary, under the name of Cary & Pratt, which for many years was one of the leading law firms of the busy and growing Northwest. In the spring of 1869, the failing health of his wife compelled him to seek a milder climate, and after careful examination, and apparently, with an almost prescient knowledge of its coming greatness, he selected Kansas City as his home. His family then consisted of his wife and six children, namely: Alice M., Elizabeth C., Adaline R., Leslie R., Wallace, and Charles E.


In Kansas City the knowledge and experience he had acquired in his practice at Mil- waukee enabled him soon to acquire a large and lucrative business. As the town grew, business expanded, and the practice settling into grooves, the demand for his services increased accordingly, and he was thus enabled to select his special line in his profession. Thus, in a comparatively brief space of time, his growing and important practice was chiefly for railroads, other corporations and large business enterprises, all of which have so considerably aided in the development and greatness of Kansas City.


His is a master mind. He is quick, ready, accurate. His legal education is so well grounded that he decides a new question upon presentation, almost without a moment's thought, and subsequent investigation usually only serves to confirm his first judgment. He understands perfectly the art of organizing his business, and however large it may be, and however many persons may be engaged in it, he so impresses such persons with his strong personality that it is done on the lines he indicates, and almost as if he had done it himself. In a long line of railroad, running through six States, with a great number of law suits in each, he knows the particulars of each suit, both of law and of fact - could try each case himself, if need were, and in any event, will have it tried accord- ing to his instructions, either general or special. Thus equipped, it is not strange that liis success has been almost phenomenal.


For more than a quarter of a century he has been General Counsel of the Kansas City, Fort Scott & Memphis system of railroads, the lines of which start from Kansas City and terminate at Birmingham, Alabama. He has never dabbled in politics, having no taste or inclination therefor.


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Mr. and Mrs. Pratt were among the original members and organizers of Grace Episcopal Church, of Kansas City, and Mr. Pratt is still a communicant and officer thereof, as well as Chancellor of the Diocese of West Missouri.


In 1874 the great misfortune of his life overtook him in the death of his wife, leaving a family of six children, scarcely past infancy, on his hands. He gathered them under his tender care, in the desolate home, and thenceforth was both father and mother to them. All lived to manhood and womanhood, and all but one still live to repay his tender and watchful care.


In 1875 he became associated in the general practice with Judge Jefferson Brumback and Watson J. Ferry, under the firm name of Pratt, Brumback & Ferry, which firm con- tinued until 1887, when Judge Brumback retired, and Hon. George W. McCrary (ex-Secre- tary of War and ex-United States Circuit Judge) took his place, the firm name then being Pratt, Mccrary & Ferry. In 1887 Mr. Frank Hagerman became a member of the firm and the firm so continued until Judge McCrary's death, about 1890. Thereafter the remaining parties continued together under the name of Pratt, Ferry & Hagerman, until September 1, 1896, when the firm was dissolved. At that time Mr. Pratt associated with himself Mr. I. P. Dana and Mr. James Black (both of whom had been in his office for many years) under the firm name of Pratt, Dana & Black, which firm is still in existence, and is one of the leading law firms of the city.


Although the demands upon his time as chief adviser of so many large corporations and industrial enterprises prevent his frequent appearance in the courts in the trial of causes, yet when he does so appear, his readiness, alertness and energy are no less conspicuous than in the time when he yet had his professional spurs so win, and it can also be relied on that his directing hand will be present in the trial, even in case of his personal absence there- from.


In 1884 Mr. Pratt had the deserved good fortune to marry Mrs. Caroline Dudley, of Buffalo, New York, a lady of rare charms of person and mind and manners, and their delightful home, refined by mutual affection, and the admiration of their hosts of friends, is one of the most charming in the West.


STONEWALL PRITCHETT, FAYETTE.


A


LTHOUGH he has scarce passed his thirtieth year, there is no lawyer in the State who


has attained a higher position in the same length of time, or whose splendid endow- ments inore certainly foreshadow a brilliant future career than Stonewall Pritchett, of Fayette. He was born in Warren County, Missouri, April 4, 1867, and is a son of a inan of the highest intellectual attainments and culture. His father, Joseph Henry Pritchett, D. D., is a native of Virginia who came to Missouri early in the 'fifties. He was educated for the ministry and is now a member of the Missouri Conference, Metli- odist Episcopal Church, South, and is considered one of the most eloquent preachers of that church in Northern Missouri. But he is even better known as an educator, and for thic splendid work he has donc in advancing the cause of higher education in this State, than as a minister, having been President of Howard Payne College, Fayette, for five ycars; was President of Pritchett College, Glasgow, Missouri, for three years; lield the


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same relation to Paynesville College, Pike County, Missouri, for two years, and was Pro- fessor of Mental and Moral Philosophy, Logic and Evidences of Christianity for two years at Central College, Fayette, Missouri, succeeding Bishop Hendricks in that position when that divine was elected Bishop. He now occupies the same chair in Northwestern Mis- souri College at Albany, Missouri. Professor Pritchett married Mary Jane Johnston, a member of an old and respected Tennessee family. To her training her son owes much of the strength of character and noble purpose from which his career has started so auspiciously. The mother is yet living. The Pritchetts are of Scotch-English derivation and settled in Virginia while that State was still a colony.


Stonewall Pritchett received his education in the common schools of Missouri, at Pritchett College, Glasgow, Missouri, and at Central College, Fayette, Missouri. He then journeyed South and entered Vanderbilt University at Nashville, Tennessee, in whose law department he was fitted for the bar. On graduation he returned to Fayette, where his parents then resided, and was there admitted to the bar in 1891, by Judge John A. Hockaday.


Some idea of ability and what he has accomplished may be gained from the state- inent that within the short time he has been a licensed attorney, he has appeared as the defender of seventeen culprits charged with capital crimes, not one of whom was convicted of the offense of which he was indicted. On the other hand, he has appeared as the prosecutor in one murder case and succeeded in having the man sentenced to be hanged. He practiced alone until January, 1897, since which date he has been a partner of Sam C. Major, under the firmn style of Major & Pritchett.




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