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 85
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THE HISTORY OF THE BENCH AND BAR OF MISSOURI.
One of the elements which contributed to Judge Sawyer's success was the courage with which he addressed himself to hard work. His attention to the duties of his profes- sion was unremitting, but the stress proved too great for him and a severe spell of typhoid fever compelled him to abate his efforts, and as a result the firm of Sawyer, Sharp & Broadhead was of short duration. Judge Sawyer withdrew and returned to Lexington, where after a period of rest, he changed his mode of life for the benefit of his health, and moved onto a farin situated six miles from Lexington. His great activity and industry are shown by the fact that he rode the six miles to and from his office every morning and even- ing, reaching his office before eight and leaving it after six, and carrying his saddle bags full of papers on which to work at home. This trip to his office was made through storm and sunshine daily for years.
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Early in his Missouri practice he met one who was thenceforth to have an intimate association with and a profound effect upon the balance of his career. William Chrisman, of Independence (whose biography will be found on page 454 of this volume), was then rapidly rising into prominence as one of the brilliant lawyers of that section. Judge Saw- yer often inet him on the circuit and a friendship grew up between the two. In character- istics they bore a strong resemblance to each other. They were both devoted to their profession, both of the strictest integrity and the highest ability. In 1860 they formed a partnership, Judge Sawyer, though, remaining at Lexington until 1866, when he removed to Independence. At the time when both partners retired in 1869, there was no law firm in the State considered better balanced, abler or more successful. In the year last named both reached the conclusion that the work they had done and the success they had achieved merited retirement from active service. They therefore quit the law and organized the banking business of Clirisman, Sawyer & Co. With two such men at its head the bank sprang at once into popular favor. One who knew Messrs. Chrisinan and Sawyer well says of them: "They were both men of fine personal appearance, and when I began practice in Jackson County in 1865, every case of importance was represented on one side or the other by Chrisman & Sawyer. They were always well dressed and the embodiment of courtesy and dignity. Jackson County has had many fine practitioners but none surpassed tliese two inen. They were both thorough business men and one seemed to supplement the other; " and herein is perhaps found the reason of their success as bankers.
Prior to locating in Independence, Judge Sawyer had twice been elected Prosecuting Attorney of Lafayette County. He was a Whig, and although the Democratic majority in tliat county was great, his personal popularity was such that he easily overcame it. In 1861 he was a member of the "Convention to Consider the Relations of Missouri to the Federal Government," and although not in harmony with the government, his opposition to secession was vehement and able. In 1871 when the Legislature created the Twenty- fourth Judicial Circuit, with terms of court at both Kansas City and Independence, the bar almost unanimously insisted on calling Judge Sawyer from his retirement to occupy the bencli. He yielded reluctantly and was appointed by Governor Brown, serving until 1876, when loss of health compelled his resignation.
Again in 1878 he was recalled from the retirement he so much loved, and very unwill- ingly became the candidate for Congress of the Republicans and that wing of the Democ- racy which protested against the candidacy of Col. John T. Crisp. Judge Sawyer was elected, and after serving one terin with honor to himself and country, refused to be a can- didate for re-election, and as the author from whom we have already quoted says, "he
TIL HISTORY OF THE BUNCH AND RAR DE MISSOURI.
One of the elements which contributed to Judge &. ... er's success was the courage with which he addressed himself to hard work. His attention to the duties of his profes- sion of murenatting, but the stress proved too great for him and : c. tre spell of typhoid lever compelled him to abate his efforts, and is a result the firm of Sawyer, Sharp & brotthead was of short duration. Judge Sawyer withdrew and returned to Lexington, Whoce tuber a period of rest, he changed his mode of life for the benefit of his health, and wed onto a farmi situated six miles from Lexington: His greit activity and industry are by the fact that he rode the six miles to and from Ins office every morning and even- w weblivog liis office before eight and leaving it after six, and carrying his saddle bags 100 of payers .on which to Work at Home. This trip to his office was made through storm and sendhie daily for years.
Fur, in his Missouri practice he met one who was thenceforth to have an intimate association with and a profound effect upon the balance of his career. William Chrisman, ( Inl pendence (whose biography will be. found on page 454 of this volume), was then rapidly rising into prominence as one of the brilliant lawyers of that section. Judge Saw- ver often met him on the circuit and a friendship grew up between the two. In character- . istics they bore a strong resemblance to each other They were both devoted to their profession, both of the strictest integrity and the Ighest ability. In 1860 they formned a partnership, Judge Sawyer, thoughi, remaining at Levington until 1866, when lie removed to Independence. At the time when both partiers retired in 1869, there was no law firm - in the State considered better balanced, abler or more successful. In the year last named both reached the conclusion that the work they had done and the success they had achieved mwited retirement from active service. They thcictore quit the law and organized the banking business of Chrisman, Sawyer & Co With two such men at its head the bank sprang at once into populair favor. One who knew Messrs. Chrisman and Sawyer well says of them: "They were both men of fine personal appearance, and when I began practice in Jackson County in 1865, every case of importance was represented on one side or the :00; by Chrismay & Sawyer. They were always well dressed and the cinbodiment of courtesy and dicolty. Jackson County has had many fine practitioners but none surpassed these two men. They were both thorough business men and one seemed to supplement the other; "' and herein is perhaps found the leland of their success as bankers.
Poor t locating in Independence, Judge Sawver had twice been elected Prosecuting Attorney of Lafayette County. He was a Whi, and .Ithongh the Democratic majority in that county was great, his personal popularity was such that he easily overcame it. In 1561 he was a member of the "Convention to Consider the Relations of Missouri to the Pederal Government. " and although not in harmim with the government, his opposition to sera ion was vehement and able. In 1871 when the Legislature created the Twenty- fourth Judicial Circuit, with terins of court at bolu Kansas City and Independence, the bar almost wwwohously insisted on calling Judge Sawyer from his retirement to occupy the bench Hle yielded relretantly and was appoitod by Governor Brown, serving until 1976, when less of health compelled his resignat . n.
Again in 1878 he was recalled from The retirerve i he so much loved, and very unwill- indly Wwwwww the candidate for Congress of the Reddie us and that wing of the Democ- * When protested against the candidacy of Col J. In 1. Crisp. Judge Sawyer was Ve, and after. Fring che terin with honor to himself and country, refused to be a can- Wany le re-election, and as the author from whom we have heady quoted says, "he
Jan. L. Haugen
Loyal Toblishing Do. St.Louis.
603
THE HISTORY OF THE BENCH AND BAR OF MISSOURI.
expressed regret that he had ever been a member of Congress. He had supposed that when inen were honored with such a high and responsible trust, that they would bring to it the most conscientious effort, but the illusion was soon dispelled, which brought himn disappointment and actual sorrow." The balance of his life was passed as a private citizen, honored and beloved by all who knew him.
No one is more competent to estimate the life and character of Judge Sawyer than Hon. J. V. C. Karnes, of Kansas City, himself one of the ablest lawyers of the State. Mr. Karnes knew him well and admired him greatly, and of him as lawyer, Judge, official and man, he says:
" He was an ideal Judge. He had the confidence of everybody. The word 'law' took on a new significance. His very presence on the bench was inspiring. No one, law- yer or layman, could go into his court room without feeling that he was verily in a temple of justice and that he must not approach its altars with profane hands. On the bench he knew nothing but the law. No one had his ear. He was equally attentive to the young and old alike. His uniform courtesy was inost pronounced. He was a good listener and wanted every case fully presented. As a pleader he had few superiors, and he held the lawyers to strict rules of pleading. Jackson County has been honored with inany able Judges, but in learning, courtesy, patience, conscientious investigation, I do not believe anyone would be claimed as the superior of Judge Sawyer.
" He was a man of very positive convictions, possessing fine physical and moral cour- age, but he was respectful and tolerant of the opinions of others, and he had few enemies. His life was a singularly pure one. He did not drink or swear and was never heard to use an obscene word, but there was no cant of Pharisaisin about liim.
"Let it be written of Judge Sawyer, that he was an accomplished lawyer, an able, fearless, upright Judge, but better than all he was a dutiful son, a kind husband, a loving father, a good neighbor, an active participant in all the high duties of citizenship."
EDWARD LUCKY SCARRITT,
KANSAS CITY.
E DWARD LUCKY SCARRITT, Judge of the First Division of the Sixteenth Judicial Circuit of Missouri, was born in Jackson County in that State near Kansas City, August 30, 1853. His character gives an intimation of his ancestry, in which the chivalric traits of the natives of the Old Dominion are mingled with the sterner virtues of the New Englander. His grandparents, on his father's side, emigrated from New Hampshire and settled near Alton in Illinois. From that homestead the Rev. Nathan Scarritt, father of Judge Scar- ritt, came to Missouri and in 1848 located at the place now known as Kansas City, then known as Westport Landing, and entered upon the lowly but fruitful labors of a missionary among the neighboring Indian tribes. His life was devoted to the work of the ministry and of Christian education in his adopted State; and he left the influence of a lofty Christian example upon the city into whose young life and phenomenal development his life work was so intimately wrought. The inaternal grandparents of Judge Scarritt emigrated from Virginia and settled within the present limits of Kansas City as early as 1840, the grand- father, Col. William M. Chick, subsequently becoming one of the original owners and pro- prietors of the Town of Kansas, now Kansas City.
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THE HISTORY OF THE BENCH AND BAR OF MISSOURI.
Judge Scarritt received his early education in the ward and high schools of Kansas City and continued his studies at Pritchett Institute at Glasgow, Missouri. Choosing the law as liis profession, he entered the Law School of Harvard University in 1872 and spent one year there. Returning to Kansas City in 1873, he entered the office of the Hon. Warwick Hough, subsequently a member of the Supreme Court of the State, and was ad- mitted to the bar in that year. His attainments and reputation as a lawyer grew with his years, and in 1885 lie was made the City Counselor of Kansas City. His administration of tliat office was marked by fidelity to the city's interests. In 1889 he was chosen one of the Board of Freeholders which drafted the existing charter of Kansas City, and was made the Secretary of that body. At the age of thirty-nine he was called from a suc- cessful professional career by his election to the judicial position which he now holds.
Born on Missouri soil, of parents identified with Kansas City years prior to its incor- poration, educated in its common schools, Judge Scarritt has the satisfaction of having achieved his professional and judicial successes among the people of his native city. His legal ability, courage and great learning were rewarded in the fruitage of his professional labors and were recognized and commended in his election to the judiciary.
While his habits are those of a student, he is of a genial and social disposition. As a lawyer he was engaged in the most important litigation pending at the bar before which lie practiced. Upon the bench he has displayed an intimate knowledge of human charac- ter and a capacity for large business affairs ; a faculty of grasping quickly the determinative issues of intricate controversies and of analyzing and deciding them upon the simple prin- ciples of justice that underlie all complications. The confidence of litigants in his high integrity and purpose lias lessened in a measure the distressing tasks of judicial labors and added to his popularity as a Judge; and his patience and learning have been rewarded with the esteein and affectionate regard of the learned bar with which he is in daily asso- ciation.
JOHN ELVIS SCHOOLER, GRANT CITY.
NE of the most prominent of the lawyers of Worth County is John Elvis Schooler, who during the sixteen years of his career as a barrister has held an enviable position in that county.
He was born in Worth County, July 28, 1855. His father, Charles H. Schooler, en- joyed the distinction of being the second settler of Ringold County, Iowa. Naturally he was a farmer, but at that early day tilling the soil seldom bounded the farmer's occupations and ambitions, and thus he served as the first Sheriff of Ringold and Taylor Counties, being afterwards, for several terms, Judge of the County Court of Ringold County. He was an official distinguished by all the robust common sense of the judiciary of those simple days. His grandfather, a native of Kentucky, emigrated to Logan County, Ohio, in the first part of the century and Charles removed from there to Iowa. The Schoolers are an old Welsh family, and came to this country before the War of the Revolution, settling in Kentucky. Mehitabel Barber was the maiden name of John E. Schooler's mother, and she descended from an old English family that came to America in the old Colonial days. Miss Barber's father emigrated to Iowa, being one of the first to settle in that fertile region.
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THE HISTORY OF THE BENCH AND BAR OF MISSOURI.
Mr. Schooler's education has been carefully attended to, he having conned his lessons in the public schools of Worth County, the Grant City high school, the Albany high school, and also in Red Oak, Iowa. After this thorough preparation, he studied law at Grant City, Missouri, in the office of W. J. Gibson, and afterwards in the office of A. W. Kelso, at the same place. For two years he earned a livelihood by teaching in the graded schools of Worth County, displaying a love for imparting knowledge and a taste for discipline neces- sary in a tutor of that class. He was admitted to practice at Grant City by Judge John C. Howell, in April, 1881. With the exception of eighteen months that he practiced law at Trenton, Missouri, he has been in continuous practice at Grant City. He formed a part- nership in March, 1882, with A. W. Kelso, with whom he had read law and has been asso- ciated with him ever since, but during a part of that period the firm had an auxiliary office in Denver. Mr. Schooler has also been admitted to practice in the Federal Courts, both circuit and district.
As large a number of important legal victories can be found in the record of Mr. Schooler as in that of any lawyer of his age in his section of the State, and he has won all of them through his exercise of the rare faculty of instantaneously grasping details. No favorable point in an argument, however small and insignificant seemingly, escapes his wary mental eye, and he has that other fine faculty of making it of the utmost advantage in furthering the cause of his client. His substantial educational training is to a large extent responsible for these traits, but it is possible that the robust common sense and directness of method which he inherited from his Welsh and English ancestry, go far towards bring- ing about the successful results which have built him up professionally.
He was City Attorney of Grant City from 1881 to 1882, and Prosecuting Attorney of Worth County from 1882 to 1885, both of which positions he filled with satisfaction to his fellow-citizens. He is a Republican, and he did excellent work for his party as a delegate to the Springfield Republican Convention of 1896. As Judicial Committeeman for the Third Judicial Circuit he has also done some praiseworthy managing.
He has the progress and improvement of Grant City much at heart, and has dein011- strated it repeatedly as President of the Worth County Public Improvement Company. He is a leading member of tliree secret orders-the Odd Fellows, the Knights of Pythias and the Modern Woodmen.
Mr. Schooler's marriage occurred in Grant City, September 11, 1881, his wife being Miss Hannah H. Witinar, daughter of Squire Samuel Witinar, an old and honored citizen of Worth County. They have two bright boy children- Vernon E., aged thirteen, and Cleo J., aged six.
Here are a few of the more important cases with which Mr. Schooler lias been con- nected: Fanning versus Doan, 128 Missouri Reports, 323; State of Iowa versus King & Quigley, et al. ; insurance case; Iowa Reports, 1890. Bradley Wheeler & Co. versus Harlen Asher, Grant City Hardware and Lumber Co., et al .; 65 Mo. Ap., 589 and 594.
JOHN AUSTIN SEA, INDEPENDENCE.
A BRILLIANT and accomplished advocate and a devoted member of the legal fra- ternity of Missouri, and one well worthy of a place on this roll of honor, is John Austin Sea, of Independence. Mr. Sea is a native of that State which has given to Mis-
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THE HISTORY OF THE BENCH AND BAR OF MISSOURI.
souri so much of her capable and vigorous manhood, and lias especially graced its bar with inany of her gifted sons, the State whose inen are so noble and peculiarly American - Kentucky. Mr. Sea was born in Jessamine County, that State, August 5, 1850. His father, Leroy M. Sea, was a native of Virginia, while his mother, who prior to her mar- riage was Mary M. Moselcy, was born in Kentucky. The patronymn was originally spelled Seay, but by his father and his father's brothers, the spelling of the name was changed to Sea, its present style. The family as far back as it can be traced shows Eng- lish and French Huguenot blood, a combination that is productive of a natural aristocracy that in vitality is the equal of that noble strain created by a mixture of Scotch and Irish blood. The Seays, as might be surmised from their antecedents, were intense lovers of liberty and invincible haters of tyranny always. They settled in Virginia at a day that is not exactly known, but which was prior to 1700. The great grandfather of our subject was a soldier in the American War of the Revolution, while his grandfather gave his country valiant service in the War of 1812. The Moseley family were of pure English origin, while his maternal grandmother had a strain of French Huguenot blood, and were also pioneers of Virginia, to the development of which they contributed much.
Mr. Sea came to Independence when five years of age, his father having arrived in that town from Kentucky in April, 1855. Eight years later, or in August, 1863, the family was compelled to leave Independence under that harsh and destructive war measure known as "Order No. 11." They settled in Howard County, Missouri, but about the close of the war went to Mason County, Kentucky, where they remained until 1868, and then returned to Independence.
John A. completed his education at the Independence high school, where he took a full collegiate course in English, Latin and mathematics under the tutelage of that most competent educator, Prof. George S. Bryant, now of Woodland College, Independence. About the time he left school he selected the high and honorable profession of the law as his avocation in life, and as a means to that end, taught school in Missouri for three terms, then left home and went to Doniphan, Kansas, where he taught school during 1873 and 1874, pursuing, when his regular duties would permit, his study of the prescribed legal branches. Early in 1875 he returned to Jackson County, and in the office of Hon. Robert L. Yeager, at Kansas City, completed the work of fitting himself for practice. In the same year he was admitted to the bar by Judge Samuel L. Sawyer, of the Jackson County Circuit Court; June 21, 1876, he opened an office for practice at Independence, and has continued there to the present time, adding to his successes from year to year and con- stantly widening the circle of his influence and usefulness.
While an earnest devotec of the law, he is a man of broad and versatile mind and has found time to contribute his share to the progress and development of the community in which he lives. He properly holds that education is the basis of all future advancement of the race, and has given generously of his time and effort to promote its elevating influences. For twelve years he has been one of the most active members of the Independence School Board, is now the President of that body and is just entering upon another three years' term. He is also connected with the commercial development of his city as one of the stock- holders and as a director in the Bank of Independence, of which he was one of the organiz- ers. In fraternal circles he is known as a leading Mason, being a member of McDonald Lodge, No. 312, Royal Arch Chapter, No. 12, and Palestine Commandery, No. 17, all at
John C. Sea.
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THE HISTORY OF THE BENCH AND BAR OF MISSOURI.
Independence. He has been Past Master of Independence Lodge, No. 76, to which he at one time belonged, and is a Past Commander of Palestine Commandery.
Mr. Sea married Sallie Christopher, daughter of Dr. H. Christopher, now a leading medical man of St. Joseph, Missouri, dean of the St. Joseph Medical College and editor of the Herald, a medical journal, published at St. Joseph. Dr. Christopher was formerly of St. Louis, but at the time of the marriage of his daughter, May 5, 1880, was a resident of Independence. . Three children have been born to Mr. and Mrs. Sea, and are named respectively, Madge, fifteen ; Roi, fourteen; Helen, five.
In the list of citizens honored in her professional world for integrity, ability and high and pure purpose; the great County of Jackson has cause to be proud of the honorable record of John Austin Sea. Of a rather modest and retiring disposition, he has never insisted on or advertised his own merits, but like the sensible man he is, has turned his attention solely to doing what he knows to be right, thoughtless as to whether it earned him credit, although never despising the good opinion of his fellow-men. He has never entered politics, although lis profession and his talents opened the way for him. He is a man peculiarly unselfish and generous, and in this is perhaps found the reason of his shrink- ing from a game where self-assertiveness and self-insistence are to such an extent the means whereby success is achieved. He lias largely been tlic architect of his own fortunes, grap- pling with the difficulties of his career with a good naturc, energy and determination that compelled them to yield him his way.
He is a fluent and graceful speaker, and what he says never fails to bear the impress of his sincerity. He is a lawyer of great reserve force, and this has often stood him in good stead in the trials of the law court. Quick and resourceful withal, his alertness lessens the possibilities of surprise.
One element of his success is his entire frankness in dealing with a case and his fair- ness to his opponent - qualities that have far more to do with influencing a court and jury than many are aware. While Mr. Sea is always courteous to everybody, he is especially true and faithful to his friends. He is a great lover of outdoor sports and the "gentle art of angling" has no stronger devotee than he. There are scarcely any fishing waters in or around our continent that have not been "troubled" by his beguiling hook. It is doubtful if there is an angler in our country of greater skill, experience and reputation than Mr. Sea.
He has appeared as counsel in a number of cases of the first importance, in which is included the adjustment with the United States in the Court of Claims of the remnant of the Star Route cases, involving the estate of H. M. Vails. Another inuch quoted case with which he was connected was that of Hunn versus the Missouri Pacific Railway.
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