USA > North Carolina > Western North Carolina; a history, 1730-1913 > Part 37
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65
OLD LAWYERS.
"The bar of Asheville in 1840 was not large in numbers but was ex- ceedingly strong in all the qualities that go to make up a grand and noble profession. General Thomas L. Clingman early turned aside from his profession and gave his life to politics, in which field he maintained through a long career and to the day of his death the purity of his es- cutcheon. Although not as magnetic in his personality as some men, yet a wiser statesman or braver soldier or truer, grander man and patriot North Carolina has never produced. The people especially of Western North Carolina owe to his memory a lasting monument.
"Ezekiel McClure, was a man of good attainments in the law, but being enamored of rural life, gave up his profession at an early day and spent his life quietly in the country.
391 -
BENCH AND BAR
NOT A "SKELPER."
"William Williams went from the mercantile counter to the bar but failed to reach 'the top.' I will not class him with the 'skelpers'; but then he was what Capt. Jim Gudger would term 'shifty.' The word 'skelper' in fox hunter's parlance when applied to a dog means one that for want of bottom, cannot come down to 'dead packing' and follow the game through all its windings and doublings, but short cuts and skims the high ridges and jumps high to see and catch the game unawares.
GEN. BAYLES M. EDNEY, WIT.
"General Bayles M. Edney was a man of fine physique, who always kept his whiskers trimmed 'a la mode'. He was of commanding appear- ance and possessed of sparkling wit and infinite and pleasing humor. He was a stormer before a jury."
THE NOMINAL FINE AND THE REAL COW. 29 One of his clients in Yancey county, having been convicted, was called up for sentence. Col. Edney urged in mitigation that he was a poor man and a good citizen, and the Court said he would impose a nominal fine of twenty dollars. Whereupon, Bayles retorted that it would take not a nominal but a real cow to pay that nominal fine.
JOSHUA ROBERTS, OLD-TIME GENTLEMAN. 30 " Mr. Roberts, about the time of which I [Dr. Baird] write (1840), established a most pleasant and delightful home on the French Broad, about where the Southern depot now stands, and there he spent his life and raised a large family. To bear testimony to the high character and noble, sterling qualities of such a man as Joshua Roberts is a privilege of which I am glad to avail myself. He was truly a model old-time gentleman; a law- yer by profession, though not engaging largely in practice at the bar. It was said of him, by those who were capable of judging, that he had no superior as far as knowledge of the law was concerned. He was especially held in high esteem by the boys and young men toward whom his manner was always kindly and gracious. He took great interest and pride in the institution of Free Masonry and was the first and, for many years, the Worshipful Master of Mt. Hermon Lodge. He loved to bring men into the order for he believed in and practiced its principles.
ANOTHER CHARMING FAMILY. 30 "His family consisted of four sons and four daughters. The sons were Philetus W., John M., William and Martin; the daughters were Miss Aurelia,
392
HISTORY OF WESTERN NORTH CAROLINA
who married a Methodist minister, Rev. Mr. Wells; Miss Sarah, who married Mr. John H. Christie; Miss Harriett, who married Rev. William M. Kerr, well known to many citizens of Asheville and father of Mr. J. P. Kerr; Miss Jane, who married Dr. George W. Whitson, who is also well known to our people.
PHILETUS W. ROBERTS. 30 "Philetus W. Roberts was an able young lawyer and was just entering upon a career which promised great usefulness and success when the Civil War came up, in which he sacrificed his life for his country. This writer succeeded him as clerk of the Superior court of Bun- combe in 1853 and I have never known & more scrupulously honest and conscientious man in all my life."
OTIUM "CUM" DIGNITATE. 30 General Robert M. Henry, who came to the bar some later, was a fine lawyer, but a great lover of "rest and ease." He loved to hear and tell good jokes and laugh in his deep sepulchral tones. From 1868 to 1876 he was solicitor of the Western circuit.
JUDGE RILEY H. CANNON. 30 Riley H. Cannon, who came in about this time, was a modest and even-timed man. He was not prominent until after the war when he was made a judge of the Superior courts of the State.
COL. JOHN W. WOODFIN. 30 Maj. John W. Woodfin came to the bar, I think, about 1845. He was a man of splendid qualities all round. He was a magnetic man, a genial, sunny man. While not possessing the "heft" of his brother Nicho- las as a lawyer, he was nevertheless a fine lawyer and suc- ceeded well in his profession. In his forensic efforts he often found occasion to deal in bitter sarcasm and keen and wither- ing invective, which he could do to perfection for he was a master of both. He was a handsome, dashing and brave man, and gave his life for his country's cause.
"How sleep the brave who sink to rest By all their country's wishes blest. There honor comes a pilgrim gray, To bless the turf that wraps their clay."
COL. N. W. WOODFIN'S CHARMING FAMILY. 30 Mr. Woodfin married Miss Eliza McDowell, daughter of Col. Charles McDowell of Burke County. She was a queenly woman and most gracious and lovable in her disposition. The family, consisting of three daughters, who are all now [1905]
.
393
BENCH AND BAR
living in Asheville, are as follows: Miss Anna, so well beloved by all the people of Asheville; Mrs. Lillie Jones, widow of Mr. Benson Jones, who died many years ago, and Mrs. Mira Holland.
GEORGE W. CANDLER. 30 Almost the exact counterpart of Mr. N. W. Woodfin was George W. Candler. Here was a sturdy, stalwart, rugged man of the people, with brawn and brain to match, a powerful frame encasing a big, warm heart, and all presided over by a masterly intellect. When he began to planth imself for a legal battle on the "Serug" style, it was like a mighty giant placing his feet and clothing his neck and gathering his strength to upturn everything that came in his way, and he generally did so. He, too, was a close stu- dent of human nature and knew where to feel for a respon- sive chord. This and his exceeding plain manner made him a "power" before a jury. He generally won his cases. He was fond of rural life and loved much more to wade in the creeks and fish than to "bother with courts." We shall see few, if any, more like him. He was my valued friend and I cherish with affection his memory.
NON-RESIDENT LAWYERS. 30 Those who attended the courts of Buncombe from other counties were: Col. John Gray Bynum, Col. Burgess S. Gaither, Col. Waightstill W. Avery, Col. John Baxter, George Baxter, Esq., Samuel Fleming, Michael Francis and William Bryson, with occasionally some others. These were all exceedingly strong lawyers and when they were all present with our local bar and with such judges to preside as Romulus M. Saunders or David R. Caldwell or John L. Bailey or David Settle, John M. Dick or Mathias Manly, it was "court right and commanded universal respect."
STICKLERS FOR FASHION AS WELL AS FORM. 30 The law- yers of that day almost universally dressed in regulation style and not as they do now. A coat of the finest French broad- cloth of swallow-tail or cutaway style with fine doe-skin cas- simer pants, silk or satin vest, "nine biler" silk hat, ruffled and fluted bosom shirt and French calf-skin boots and a hand- some necktie, made up the lawyer's suit.
YOUNG MEN OF ABILITY. 30 "From about 1849 to 1852, there came to the bar of Asheville half a dozen young men who, for brilliancy and real ability, have never been equaled at any bar in the State, coming as they did so nearly at the
394
HISTORY OF WESTERN NORTH CAROLINA
same time. There were Philetus W. Roberts, Marcus Erwin, Newton Coleman, David Coleman, Zebulon B. Vance, James L. Henry, and Augustus S. Merrimon. All these were men of the first order of ability and those of them who lived to maturer manhood all made their mark, not only in their pro- fession, but in the councils of the State and nation as well and some have left their names emblazoned high on the roll of fame, but of all of those of whom I have written, there is no one left to greet me today. They have all passed to the 'other shore' and are resting with the great silent host. May we see them all again in that 'great bright morning.'"
JOSEPH W. TODD, EsQ., was born in Jefferson September 3, 1834, was admitted to the bar after the Civil War, in which he had served gallantly. He is said to have been the only lawyer who ever told a joke (successfully) to the State Supreme court. He was never a very ardent student, but his wit, humor and resourcefulness, at the bar and on the hustings, were marked. He died June 28, 1909. His contest with the Rev. Christian Moretz for the legislature in the seventies is still remembered for the vigor and energy displayed by both candidates. He gave the name of "red-legged grass-hoppers" to the internal revenue agents, who, soon after the Civil War, were the first to wear leather leggins in their peregrinations through the mountains in search of blockade stills. Those who remember the famous joint canvass of Gov. Vance and Judge Thomas Settle in the summer of 1876 for the office of governor will recall that Vance made much capital of the red-legged grass-hoppers, a name he applied to all in the service of the general government, until Settle showed that two of Vance's sons were in the ser- vice of the United States, one in the naval academy and the other at West Point. Mr. Todd's daughter still preserves a caricature of this canvass. He married Sallie Waugh of Shouns, Tenn.
"TWENTY-DOLLAR LAWYERS." Under the act of 1868-69, (ch. 46) any male twenty-one years of age could, by proving a good character, and paying a license tax of twenty dollars- that was the main thing in the eyes of the carpet-bag legis- lators of that time get a license to practice law in North Carolina without undergoing any examination as to academic or legal knowledge whatever. Under it several lawyers began practice of this "learned profession." This act, however, was repealed in 1872.
395
BENCH AND BAR
MARCUS ERWIN. He was the son of Leander Erwin and a grandson of Wm. Willoughby Erwin and a great grandson of Arthur Erwin. His father removed from Burke county to New Orleans, from which place Marcus was sent to Center College in Kentucky, where he was a college-mate of Gen. John C. Breckenridge. After graduation Marcus Erwin was study- ing law in New Orleans when the Mexican War began, in which he served six months. After this war he came to Asheville and became editor of the News, a Democratic paper, after having changed from Whig politics on account of the acquisition of new territory. His connection with this paper led to a duel with the late John Baxter. Later he became a prominent laywer and Democratic leader, and was elected solicitor of the large district extending from Cleveland to Cherokee. He was a member of the legislature in 1850, 1856 and 1860. "He was a powerful prosecutor, and maintained as high a reputation as B. S. Gaither and Joseph Wilson had established." 31 He was a Secessionist, and in the discussion between himself and Governor John M. Morehead in the State senate in 1860-61 made an especially powerful and memorable speech. He joined the Confederate Army and became a major in a battalion of which O. Jennings Wise, a son of Henry A. Wise of Virginia, was lieutenant-colonel. This battalion was captured in the fall of 1861 at Roanoke Island. Major Erwin "rendered volunteer service subsequently in the southwest. He ran as a candidate for the Confederate Congress, but was defeated. In 1868 he cast in his lot with the Republican party, and afterwards became assistant district attorney of the United States, where he displayed great ability." He was a man of varied attainments and versatile talents, and spoke a number of modern languages. He was familiar with the best literature and was one of the most effective and eloquent of political speakers. Governor Vance is said to have dreaded meeting Major Erwin on the stump more than any other. Their debates may be likened to the storied duel between the battle-ax of Richard and the cimeter of Saladin.
CALVIN MONROE McCLOUD. He was born at Franklin, Macon county, N. C., February 9, 1840, where he obtained only a com- mon school education. He volunteered in the Confederate Army, where he served till the close of the War. In 1865-66 he studied law in Asheville under the late Judge J. L. Bailey. On the 5th
396
HISTORY OF WESTERN NORTH CAROLINA
of July, 1866, he married Miss Ella Pulliam, daughter of the late R. W. Pulliam. He formed a partnership with the late N. W. Woodfin for the practice of law. He died June 20, 1891. He was a public spirited citizen and did much to promote the welfare of Asheville and the community, having been among 'the first to agitate a street railway, gas, telegraph, and other enterprises.
JUDGE EDWARD J. ASTON. He was born in November, 1826, in Rogersville, Tenn. He married Miss Cordelia Gilliland in November, 1852, moving to Asheville in 1853, where he en- gaged in the drug, stationery and bookstore business. He was three times mayor of Asheville and a director of the first railroad. He was among the first to see Asheville's great future as a health and pleasure resort. He not only donated books but supplied the first room for the Asheville public library. In 1865 he added real estate to his business, and later on insurance, soon becoming head of the firm of Aston, Rawls & Co. He is credited with having originated the idea of making Asheville the sanatorium of the nation. He devoted much time and large means to the distribution of circulars and literature setting forth the advantages of this climate. In 1871 he interested the Gatchel brothers in establishing the first sanatorium at Forest Hill. Then he got Dr. Gleitz- man of Germany to open another in Asheville. It was largely through his influence that the Rev. L. M. Pease established his school for girls here. He also had much to do with get- ting the late G. W. Pack to build a home in Asheville. Judge Aston was so called because he had studied law, but had aban- doned the practice. He died in 1893.
POST-BELLUM LAWYERS. Space can be given to only a few of the more prominent attorneys who came to the bar after the Civil War and have passed beyond the nisi prius courts. William Henry Malone wrote several valuable law books, his "Real Property Trials" being indispensable; Melvin E. Carter for years was one of the most prominent and able of the Asheville bar, enjoying an extensive practice, and being a sound lawyer; T. H. Cobb was one of the clearest and most forceful of attorneys; Kope Elias of Franklin en- joyed an extensive practice in Cherokee, Macon, Clay, Gra- ham and Jackson counties. For a sketch of Gen. James G. Martin, who came to the bar late in life, after the Civil War,
397
BENCH AND BAR
see chapter 27. He was one of the commissioners in the inves- tigation of the Swepson and Littlefield frauds.
JUDGE JOHN BAXTER. He was the son of William Baxter and Catherine Lee, and was born at Rutherfordton, N. C., March 19, 1819. He was admitted to the bar in 1840. He married Orra Alexander, daughter of James M. Alexander of Buncombe, June 26, 1842. He was a member of the legis- lature from Rutherford county in 1842. He lived for several years in Hendersonville, but afterwards removed to Asheville. About 1852 he fought a duel with the late Marcus Erwin, Esq., and was wounded in the hand. He moved to Knox- ville, Tennessee, in May, 1857. He was a strong Union man during and before the Civil War. He was appointed United States Circuit Judge by President Hayes in December, 1877, for the sixth circuit - Tennessee, Kentucky, Ohio and Michigan. Some of his decisions are said to stand high with the English courts. He died at Hot Springs, Arkansas, April 2, 1886, and was buried in Gray cemetery, Knoxville, Tennessee.
JUDGE J. C. L. GUDGER. He was born in Buncombe county, July 4, 1837. His father was Samuel Bell Gudger and his mother Elizabeth Siler Lowery, a daughter of James Lowery who held a captain's commission in the war of 1812. He was educated at Sand Hill academy and Reems Creek high school, now known as Weaverville college. He was ad- mitted to the bar in August, 1860. He enlisted in the 25th N. C. Infantry July 22, 1861, and served till the close of the war. He moved to Waynesville December, 1865. He was married to Miss Mary Goodwin Willis of Buncombe county August 28, 1861. He was elected judge of the Superior court in August 1878, and served eight years. He held a position in the United States Treasury for years. He died January 29, 1913.
JUDGE WILLIAM L. NORWOOD. He was born in Franklin county, N. C., July 1, 1841. His father was James H. Nor- wood, a native of Hillsborough and a graduate of the State University. In 1846 James H. Norwood moved with his fam- ily to Haywood county and engaged in the practice of the law, and for several years conducted a classical school. In 1852 he was murdered at Sargents Bluff on the Missouri river, while serving as agent of the Sioux Indians. W. L.
398
HISTORY OF WESTERN NORTH CAROLINA
Norwood was graduated from Bingham's School in 1856, after which he attended the school of Leonidas F. Siler in Macon county. He taught school in Haywood county till 1861, when he enlisted in Arkansas and served throughout the war. He was admitted to the bar in 1866, and was elected judge of the Superior court in November, 1894, from which position he resigned in 1899. On March 4, 1872, Judge Norwood mar- ried Miss Anna Duckworth of Brevard. He died about 1909.
JUDGE EUGENE DOUGLAS CARTER. He was the eldest son of Thomas D. and Sarah A. E. Carter, and was born May 18, 1856, in North Cove, McDowell county, was educated at Col. Lee's school in Chunn's cove, at Wafford College, at Weaverville College, and at the University of North Carolina. He married Miss Sallie M. Crisp in June, 1877, at Fayette- ville, and began the practice of law at that place, but soon removed to Asheville, where he was several times elected solicitor of the Criminal court of Buncombe county, making an excellent prosecutor. He was appointed by Gov. Russell in the summer of 1898 to fill the vacancy caused by the sup- posed resignation of Judge W. L. Norwood as judge of the Superior court. But Judge Norwood denied that he had legally resigned, and began quo warranto proceedings to re- cover the office, which abated by Judge Carter's death, Octo- ber 10, 1898. Judge Carter evinced throughout his life a high order of literary and oratorical talent. As an advo- cate he had no superior at this bar.
JUDGE JOHN LANCASTER BAILEY. He was born August 13, 1795, in eastern North Carolina; was married June 21, 1821, to Miss Priscilla E. Brownrigg; was admitted to the bar at some date prior to 1821; was representative from Pasquotank county in House of Commons in 1824 and a senator in 1828 and 1832; was a delegate to the State Convention of 1835; was elected judge of the Superior court January 11, 1837, and resigned there- from November 29, 1863, after a service of over twenty-six years; practiced law at Elizabeth City, and also taught law there, probably up to the time of his election as judge. It was about the time of his election as judge or a few years afterward that he removed to Hillsboro, and with Judge Nash taught school there. In 1859 he moved to Black Mountain, near what is now the intake of the Asheville water system and Mrs. J. K. Connally's summer home, where he taught a
399
BENCH AND BAR
law school from 1859 to 1861. He moved to Asheville in 1865 and taught a law school there until about 1876. He also practiced law in Asheville in copartnership with the late Gen. J. G. Martin. He died June 20, 1877. Judge Bailey was loved and honored by all as an able and upright lawyer and a worthy and useful citizen. (For fuller sketch see "Bio- graphical History of North Carolina, Vol. IV, p. 52, and Vol. VI, p. 6.)
JUDGE FRED MOORE was born in Buncombe county on the 10th day September, 1869. He was the son of Daniel K. Moore, and the grandson of Charles Moore and the great- grandson of William Moore, one of the pioneers who helped to drive back the Indians and establish peace in this section. He attended school at Sand Hill near his home, and was ad- mitted to the bar at the September term, 1892, of the Supreme court. He spent part of his youth in Macon and Clay coun- ties, and began the practice of the law at Webster, Jackson county as a partner of his cousin, Hon. Walter E. Moore. In 1893 he removed to Asheville and formed & copartnership with another cousin, Hon. Charles A. Moore. In 1898 he was elected judge of the Superior court of this judicial dis- trict. He died in August, 1908. Judge Moore's mother was a Miss Dickey of Cherokee, and his wife a Miss Enloe of Webster. He tried many important cases, and his rulings and decisions were fair and sound. His life was as nearly blameless as it is possible for human lives to be. When first made a judge he was probably the youngest who ever served on the Superior court.
JUDGE GEORGE A. JONES. He was born in Buncombe county February 15, 1849, a son of Andrew and Margaret Jones. He attended Sandhill Academy on Hominy creek while it was open during the Civil War, and early in the seventies removed to Franklin, Macon county, where he became an assistant in the high school and later principal. He was admitted to the bar in 1878, having married in December, 1875, Miss Lily Lyle, daughter of Dr. J. M. Lyle and Mrs. Laura Siler Lyle, his wife. There were six children by the union, and after the death of his first wife, he married, Janu- ary 31, 1895, Miss Hattie B. Sloan, by whom he had four children. She was a daughter of Mr. and Mrs. W. M. Sloan. In 1889 Judge Jones represented Macon county
400
HISTORY OF WESTERN NORTH CAROLINA
in the legislature. In 1891 he was elected solicitor of the twelfth judicial district, and was re-elected in 1895, serving two full terms. In 1901 he was appointed by Gov. Aycock judge of Superior court of the newly created sixteenth judicial district and served about two years, when he resumed the practice of law at Franklin, where he died August 13, 1906.
JUDGE ROBERT P. DICK. Judge Dick was for many years U. S. district judge for the district of western North Caro- lina, having been appointed soon after the close of the Civil War, and serving continuously till July, 1898, when President Mckinley appointed Hamilton G. Ewart of Hendersonville to that position; but as the senate failed to act upon this ap- pointment the President sent his name to three successive sessions of the senate. But as that body persisted in its refusal either to reject or confirm this appointment, Judge . Ewart's name was withdrawn and that of Hon. James E. Boyd sent in instead. This appointment was confirmed in 1900, Judge Ewart having served since July 13, 1898. Judge Dick had a great deal to do with the trial and sentencing of those who had violated the internal revenue laws, and was always considerate and merciful in imposing punishment on the poor people who were found guilty in this court, "thirty days in jail and a hundred dollars fine" being the almost universal sentence.
JUDGE LEONIDAS L. GREENE. He was born in Watauga county, in November, 1845, and was elected Superior Court Judge in 1896, and served as such till his death, November 2, 1898.
HON. CHARLES H. SIMONTON. Judge Simonton of Charleston, N. C., was Circuit judge of the United States for a number of years, succeeding the late Judge Hugh Bond of Baltimore of KuKlux fame. Upon his death in May, 1904, President Roosevelt appointed Hon. Jeter C. Pritchard judge of this circuit, and he was confirmed by the senate without reference to the ju- diciary committee. He qualified June 1st, 1904, having re- mained in Washington as judge of the District court there to try an important case by special request of President Roose- velt.
COLONEL ALLEN TURNER DAVIDSON. He was born on Jon- athan's creek, Haywood county, May 9, 1819. His father was William Mitchell Davidson and his mother Elizabeth Vance
A. J. Davison
401
BENCH AND BAR
of Burke county, a daughter of Captain David Vance of Rev- olutionary fame. William Davidson, first senator from Buncombe county and a soldier of the Revolutionary War, was the father of William Mitchell Davidson, and a cousin of Gen. William Davidson who was killed at Cowan's Ford. Col. Allen T. Davidson attended the country schools of his day, and at twenty years of age he was employed in his father's store at Waynesville, and in 1842 married Miss Elizabeth A. Howell. He began the study of law, and in 1843 became clerk and master in equity of Haywood county, being admitted to the bar in 1845. In 1846 he removed to Murphy, Cherokee county, then a remote backwoods place. He at once took a leading place at the bar of the western circuit, and during his sixteen years residence there served as solicitor of Chero- kee county, and became one of the leading lawyers of this section. In April, 1860, he became president of the Mer- chants and Miners Bank. The secession convention of 1861 chose him one of the delegates from Macon county to the provisional congress of the Southern Confederacy. He served out the pro- visional term and was elected in 1862 a member of the permanent congress, serving till the spring of 1864, being succeeded by the late Judge G. W. Logan of Rutherford county. In 1864-65 he served as a member of the council of Governor Vance, and at the same time acted as agent of the commissary depart- ment of the State in supplying the families of Confederate soldiers in this section. In the fall of 1865 he settled in Frank- lin, Macon county, and in 1869 he came to Asheville to live, buying and occupying the Morrison house, which stood where the present county court house stands. He soon became leader of the Asheville bar, and continued in active practice till 1885, when he retired. He died at Asheville, January 24, 1905.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.