USA > Nebraska > Douglas County > Omaha > History of the city of Omaha, Nebraska > Part 36
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James W. Savage came to Omaha in April, 1867, having practiced law in the city of New York prior to the war; and, after having done honorable service as colo- nel of a regiment of New York cavalry, had
gone to Mississippi to engage in the raising of cotton; and, finally, desiring to resume his profession, came here. The writer never will forget the first time that he met Judge Savage, which was two days after his arrival in the city. From that time until his death they were friends, and in a somewhat active professional life to both there never was any necessity of a written stipulation as to the conduct of any law suit. His term upon the bench, of seven years, was important, in that he was the first judge in this district under the constitution of 1875, and many questions arose before him which were new, and which had not been passed upon by the Supreme Court. He was painstaking and patient as a judge, always pleasant and af- fable, and very considerate, especially of the feelings of younger men at the bar. The full history of Judge Savage's life is written elsewhere. The writer, at the memorial services held by the bar at his death, took occasion to speak of him:
"It is a great mistake to think that the best thoughts of man find utterance in hu- man language. They come to us all in silent meditations and adoration, and no ear ever hears, and no heart is ever gladdened, except the heart of Ilim who is the Father of us all. The nature of Savage was spiritual, earnest, highly poetic and sympathetic; and, if the incandescent light of the past could be turned on, the glow would reveal that the unuttered thoughts of him we mourn were far brighter than any of those which have pleased us when we heard them. Savage was a copyist. Did you ever view the paint- ings of the old masters, side by side of which hung the copy ? Go, look, if you never have, and observe that, while the old is per- fect and massive, the new, touched by a master hand as well, is resplendent with roseate hues and a newer life, touched with the ever present. In such a sense he was a copyist. His mind was stored with the lore of the masters of literature. He made large drafts upon them, but what he brought to us
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from them was tinctured with a newer life and a holier purpose.
"'Noise and heat are born of earth, and die with time:
The soul. like God, its source and seat, is solemn, stiil, silent. sublime,'
" So with our brother."
Silas A. Strickland was a native of the State of Ohio, and, in the early days, under Judge Ferguson, served as a clerk of the Dis- trict Court of this district. His residence was at Bellevue, which was at that time in Douglas County. Ile served in the Legisla- ture of the Territory for many terms. Ile was an important factor in the legislative assemblies. Ile always fought against Omaha and for Bellevue becoming the capital of this State. Upon the breaking out of the war, General Strickland entered as a private of the First Nebraska Infantry and was soon promoted to adjutant, and re- signed in 1862. Ile was then mustered in as lieutenant-colonel of the Fiftieth Ohio Volunteer Infantry, and was afterwards, in 1865, promoted brevet brigadier-general. Ile was a distinguished officer and served with credit to himself and his country. Upon the admission of Nebraska as a State, he was appointed by General Grant as United States attorney for this district and returned to Omaha with his family, which consisted of his wife and one child, who still survive him, and are residents of this city. General Strickland served as United States attorney for four years. In politics he was an ardent, hard-working Republican; he was a man who was always a friend to those who had befriended him. No more genial gentleman ever graced this bar: and no one was ever listened to with keener de- light than was General Strickland. Ile was an impassioned orator, and after his retire- ment from the office of United States attor- ney his practice was confined almost exclu- sively to criminal business. As an illustra- tion of his style the writer remembers a defense made by him of a criminal in the
District Court of the United States for Ne- braska, but the character of the offense is forgotton; but, when General Strickland had completed his argument and left the court room, the writer, together with General Man- derson, picked up a sheet of foolscap upon which were entered in the general's hand- writing the heads of his argument. The face of the sheet of foolscap was covered with his notes, in the logical order of the facts, as presented; and, ending up in large letters in lead pencil, underscored, were these words, " then a blaze of glory;" and Strickland might be called a " blaze of glory " when- ever he was at his best. The effect of those words can be imagined better than described. General Strickland died in this city some twelve years or more ago, and his memory is still fresh among those who knew him.
Edwin F. Smythe was a native of New York and came to Omaha in the early seventies. He married the only daughter of the late Jesse Lowe, who is mentioned elsewhere as the first mayor of the city. In many respects Mr. Smythe was a remarkable man. He was in no sense a student, but his intuitive perception of the law was very great. Ile had a fine, retentive memory and a great adaptability to the circumstances with which he was surrounded. It is no slur upon other members of the profession to say that there is no lawyer who has ever practiced at this bar who had the number of clients that Mr. Smythe had. By his genial nature, and right adaptation to the circum- stances, he had a large circle of friends and acquaintances, who, notwithstanding the vicissitudes of his life, never deserted him. He was a friend to everybody and every- body was his friend. 1Ie died in the prime of life, leaving a wife and one daughter.
General George M. O'Brien was an Irish- man by birth, and served in the army of the late rebellion as brigadier general. IIis ser- vice was mostly confined to the western ter- ritory, but that service was an honorable one to him and a credit to his country. In
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1866 he commenced the practice of law in Omaha, and continued until his death in 1885. Mr. O'Brien was a painstaking law- yer and had the confidence of a large client- age. Ile was a great friend and admirer of General Logan, and the writer remembers that the death of the lamented Logan was learned in Omaha on Sunday night. Gen- eral O'Brien then heard of his death and re- turned to his home greatly shocked and de- pressed at the death of his favorite general. Very soon thereafter he was taken sick. Ile said to his wife when first taken, " Mother, I am called." General O'Brien was held in esteem by a large circle of friends and ac- quaintances, and died in the prime of his life, leaving a large family: his two sons, Moses P. and George M. O'Brien, succeeding him as lawyers in his practice, and are now prospering beyond most young men of their years.
Hon. James M. Woolworth has been a res- ident of Omaha since the 31st of October, 1856. Hle was born in Onondaga County, New York, in 1829, and was educated at Hamilton College, graduating with distinc- tion in 1849. He was admitted to the bar two years before locating here, and has fol- lowed that pursuit from the date of his ad- mission. Ile served as the first city attor- ney of Omaha, and was also a member of the Legislature in the territorial days, and was a member of the Constitutional Convention of 1871. In 1873 he was the Democratic nominee for chief justice, but the over- whelming Republican majority which char- acterized Nebraska in those days prevented the election of any of the Democratic candi- dates. He has been prominently identified with the advancement of the interests of the Episcopal Church in this city, and was for a quarter of a century a vestryman of Trinity Church. IIe contributed generously to the erection of Trinity Cathedral, but soon after its completion severed his connection with that society, and organized the All Saints' Church Society, bearing a very heavy por-
tion of the financial obligations connected therewith, and taking an active part in the church management. For several years he has held the position of chancellor of the diocese of Nebraska; is a trustee of Racine College, Wisconsin, and of Brownell Hall, in Omaha, which former institution con- ferred the degree of LL. D. upon him, in 1875. Ile was one of the projectors of the Union Stock-yards Company, one of the original trustees of the South Omaha Land Syndicate, and is a director of the South Omaha Land Company, counsel of the Stock- yards Company, and a director of the First National Bank. Ilis professional practice has been for many years confined to in:por- tant cases, and, as a chancery lawyer, he en- joys the distinction of standing at the head of his profession in the West. Ile has been identified with many important cases in which the Union Pacific Railroad Company was a party, notably the legal battle which resulted in transferring the " initial point" of the Union Pacific Road from the Ne- braska to the Iowa side of the Missouri River. Mr. Woolworth has always held large real estate interests in this city, which have contributed to make him one of the wealthy men of Omaha.
General Experience Estabrook, the first United States Attorney for Nebraska, ap- pointed by President Pierce, came to Omaha in April, 1855, from Geneva Lake, Wiscon- sin. During the summer of 1855, he brought his family, consisting of Mrs. Estabrook, a daughter Augusta, now Mrs. Robert Clowry, and son, Henry D., a prominent member of the Douglas County bar. General Estabrook was born in Lebanon, New Hampshire, April 30, 1813, and just previous to coming to Nebraska filled the position of attorney gen- eral of Wisconsin, thus being a member of two administrations in the conduct of public affairs, in speaking of which, recently, he said that he had learned upon investiga- tion that of all of the officials forming those administrations he was the only one yet liv-
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ing. In 1855 he helped General Curtis pre- pare the first bill for a Pacific railroad char- ter which was passed by any legislative body, being the bill passed by the Nebraska Leg- islature, in February, 1855. The draft of this measure was made in the office of Dr. Lowe, then receiver of the land office in Council Bluffs. General Estabrook was re- tained as attorney by the Council Bluffs & Nebraska Ferry Company, and, in part con- sideration of his services, was given the block upon which he has resided for thirty years, bounded by Chicago, Cass, Sixteenth and Seventeenth Streets, now valued at over 8300,000. Ile was a member of the Consti- tutional Convention of 1871, and of 1875, and has always taken, until recent years, a lively interest in State politics, though never in any sense an office seeker. Ile has been recognized during all of his residence in Nebraska as a lawyer of decided ability, though he has not made the efforts to dis- tinguish himself at the bar which have char- acterized many of his associates in that pro- fession who located here at an early period.
Ilon. Andrew J. Poppleton, one of Omaha's pioneers, located here October 13, 1854. He was born at Troy, Michigan, July 24, 1830, graduating from Union College of Schenec- tady, New York, in July, 1851. In Octo- ber. 1852, he was admitted to the practice of law by the Supreme Court of Michigan, and soon after entered upon the practice of that profession in Detroit, which pursuit he has followed during all of his residence in this city. He was a member of the first ter- ritorial Legislature, which assembled Jan- uary 16, 1855, and also of the sessions of 1857 and 1858. The location of the terri- torial capital was a subject of paramount importance to be considered by the first Legislature, and it was only by the most careful management on the part of the Omaha members, of whom Mr. Poppleton was the leader, that this city secured the prize, by a majority of one vote. His ser- vices in this connection are more particu-
larly referred to elsewhere in these pages. In 1858, Mr. Poppleton was elected mayor of Omaha, and in 1867, and again in 1868, was the choice of the Democratic party of Nebraska for congressman; but the Repub- licans, being in the majority, succeeded in defeating the Democratic nominees. Decem- ber 3, 1863, he was appointed attorney for the Union Pacific Railroad, which position he retained until 1888. During this period he had charge of the company's interests in litigation in Nebraska, Colorado, Wyoming, Kansas, Utah, Idaho, Montana, Oregon and Iowa, appearing frequently in cases before the Supreme Court at Washington. His con- nection with the hearing in that tribunal of the vexed question of the eastern terminus of the U'nion Pacific Railroad is set out in detail in the chapter relating to the location of the Union Pacific bridge. Mr. Poppleton has always stood at the head of the Nebraska bar, and is widely known for his ability as a public speaker, though he has confined himself exclusively to the practice of his profession. In 1879, he represented, in the I'nited States Court here, a party of Ponca Indians who appealed to that court for pro- tection in certain legal rights then, for the first time in the history of this country, claimed by the red man. The questions in- volved were novel and, of course, with no precedent to guide in their determination. In this litigation, Mr. Poppleton attracted national attention from all classes of people, and succeeded in putting the Indians upon a higher plane, with respect to their relations with the government, than they had ever before occupied. This service was rendered a defenceless people, without hope of fee or reward, though it involved much hard labor projected into a life already one of unusual activity and mental strain. In 1887, the degree of LL. D. was conferred upon Mr. Poppleton in recognition of his unusual at- tainments in a literary way. Upon resign- ing the position of general attorney of the Union Pacific, it was Mr. Poppleton's inten-
Estakeley
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tion to refrain from active pursuits; but the charms of his profession were not to be re- sisted, and, when he was offered the position of city attorney by Mayor Cushing, in Jan- uary, 1890, he accepted, to the decided satisfaction of all classes of Omaha people, who felt that their interests could not be in better hands in litigations in which the city might be a party.
Hon. John R. Meredith, for many years a prominent lawyer of this city, was born at Gettysburg, Pennsylvania. April 15, 1820, but soon after moved with his parents to Pittsburg. He used to say, in a joking way, that his grandfather was in the revolu- tionary war, his father in that of 1812, and he in the war of the rebellion, Mr. Meredith having been one of the guards at the White ITonse in the early days of 1861, sleeping beside General Hunter, on the floor of the east room. A certificate of this service was afterwards sent him, and is now in the pos- session of the family. Mr. Meredith secured a classical education, in spite of financial difficulties, and was admitted to the practice of law at Steubenville, Ohio, in 1848, where he served for some time as prosecuting at- torney, and while filling this position was successful in a famous criminal case, where the prisoner was defended by Edwin M. Stanton. Ile located in Omaha with his family in 1858. In 1867, Mr. Stanton, then Secretary of War, telegraphed Mr. Meredith at Omaha, as follows: " You are appointed on the board of examiners at West Point." But this honor Mr. Meredith declined, and about this time Salmon P. Chase wrote him that he would be appointed judge of the first district of Nebraska, if he would ac- cept, but this position was also declined. He was urged for the chief justiceship of the territory by the lawyers of both parties, and it is known that Mr. Lincoln had de- termined upon his appointment, but was overruled in that matter by the influence of Mrs. Lincoln and her friends, and the place was given to William Pitt Kellogg, then
colonel of an Illinois regiment. After the death of Mr. Meredith, October 21, 1880, there was found among his papers a letter from Mr. Stanton, stating that he would gladly ap- point Colonel John M. Thayer, of the First Nebraska Infantry, a brigadier-general, as a personal favor to him. About 1865, he formed a law partnership with George W. Doane, which continued for five years, dur- ing which period Mr. Meredith was for some time collector of internal revenue for this district. In the fall of 1871 he was stricken with paralysis, which necessitated his retirement from active business. Ile was an elder in the Second Presbyterian Church (now known as the First) and contributed liberally toward the erection of the building at the corner of Dodge and Seventeenth Streets. A man of winning, lovable charac- ter, Mr. Meredith was universally esteemed. He was active in all good works, honorable in all his dealings, and of the highest Chris- tian character. December 30, 1852, he was married to Miss Annie M. Collier, of Phila- delphia.
Judge George W. Doane located at De- catur, Nebraska, April 18, 1857, and three years later moved to Fort Calhoun, coming to Omaha in the fall of 1864. Ile repre- sented Burt, Washington and Sarpy Coun- ties at the fifth session of the legislative as- sembly, and Douglas County at the twelfth. IIe also represented this county in the State Senate at the regular session of 1881 and the special session of 1882. In August, 1857, after a residence of but four months in the territory, he was elected district at- torney of this judicial district, and re-elected in 1859. In 1865, he was elected prosecut- ing attorney of Douglas County, and during the term prosecuted and convicted Ottway G. Baker for the murder of Woolsey D. Higgins, being the second conviction under which a legal execution took place in Doug- las County. In 1887 he was elected one of the judges of the third judicial district for a term of four years. He was re-elected in
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November, 1891, for four years. Mr. Doane while at the bar always convinced the court and opposite counsel that there was a lawyer trying his side of the case. As a judge, he is always prompt in attendance, decisive in his judgment and makes a model trial judge.
Judge George B. Lake was born in Sara- toga County, New York. Ile came to Omaha November, 1857, from Elyria, Ohio, and has made this city his home since that date. Ile has had various professional part- nerships in the meantime, the first being with A. J. Poppleton, under the firm name of Poppleton & Lake; the second was with George I. Gilbert, as Lake & Gilbert; the third, with Charles H. Brown, under the style of Lake & Brown; the fourth, with James W. Hamilton, formed in January, 1888; and the fifth and present, being styled Lake, Hamilton & Maxwell, Henry E. Max- well, a son of Chief Justice Maxwell, of the Supreme Court, having been recently ad- mitted to the firm membership. Upon the admission of Nebraska to the Union, Mr. Lake was elected one of the three judges then composing the Supreme Court, the State being divided into three judicial dis- tricts, and he was assigned to the district which included Douglas County, with nine others, and held in Omaha, in April, 1867, the first term of court held in. Nebraska under State government. In 1870 he was elected chief justice for a term of four years, and four years later was again elected, drawing by lot the short term of two years, as the result of which he became chief jus- tice for that period. In 1877, he was elected associate justice for a term of six years, under the constitution of 1875, the last two years of which term he was the pre- siding judge. He declined re-nomination in 1883, and since the first of January, 1884, has been engaged in private practice in this city. lle has always taken an active in- terest in matters of public concern. For years he served with credit to himself and
advantage to the city upon the school board, under the old system, and was elected a re- gent of the high school, in 1871. IIe was four times elected a member of the territo- rial Legislature, and represented Douglas Connty in the constitutional convention of 1871. Ile was appointed by Judge William Pitt Kellogg to assist Prosecuting Attorney Charles Il. Brown in the trial of Cyrus D. Tator, the first man legally executed in Douglas County, and as judge of this dis- trict tried and sentenced to death Ottway G. Baker, the second criminal hanged in this county by process of law. Judge Lake has four children: George E., Carrie J. (Mrs. Jay Morton), Mary (Mrs. Charles Deuel) and Fred.
Ilon. Phineas W. Hitchcock located in Omaha in 1857 and engaged in the real es- tate and insurance business, and was, soon after his arrival here, admitted to the bar, but never engaged in active practice. Ilis native place was Lebanon, New York, his birthday being November 30, 1831. Ile graduated in 1855 at Williams College, Mass- achusetts. Mr. Ilitchcock was a delegate from Nebraska to the Chicago convention which nominated Mr. Lincoln, in 1860, and was appointed United States marshal for the territory in 1862, and held that office two years. In 1864 he was elected a delegate to Congress. In 1867 he was appointed Sur- veyor General of Nebraska, and was elected to the United States Senate in 1871. IIe was married to Miss Annie Monell in 1857. His only surviving son, Gilbert M. Hitchcock, is the editor and chief owner of the World- Herald, of this city. As a lawyer he never took front rank, but as a politician he was a success, and one of the chief elements of that success was that he never forgot or forsook a friend.
Hon. Charles H. Brown was elected mayor of Omaha in 1867, six years after first be- coming a resident of the city. His early life in the West was spent on the plains and in aiding in the construction of the Union
I. H. Joan
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Pacific Railroad. He was elected prosecut- ing attorney of Douglas County in 1862. and was re-elected in 1863. In 1864 he was elected a member of the constitutional con- vention and a member of the territorial. House of Representatives, being re-elected to the Legislature in 1865, in which year he was also elected a member of the city coun- cil and re-elected in 1866. In 1875, he was a member of the convention which drafted our present State constitution, and in 1876 was elected to the State Senate, re-elected in 1878, and again in 1882. While prosecuting attorney of this connty, he convicted Cyrus Tator of the crime of murder, this being the first case where a man was legally executed in the territory. Mr. Brown was born at Stephentown, New York, and was admitted to the bar of New York in 1860. In 1884 he was the Democratic nominee for Congress. and was defeated by 650 votes, in a distriet of about eight thousand Republican major- ity. As mayor, Mr. Brown was ex-officio justice of the peace, and as such did the en- tire magistrate business of the city, then con- taining ten thousand people. It is a remark- able fact that, during the year he held this office, trying a multitude of cases, both civil and criminal, he had but one case appealed from his court, and that was dismissed be- fore reaching a decision in the district court. Mr. Brown has a logical, judicial mind, but, having no particular ambition in that direc- tion, and no need to struggle for the al- mighty dollar, he has kept himself in later years, especially, from advancement at the bar. Ile retired from active practice some years since.
Hon. George I. Gilbert located in Omaha in 1857, and the following year was elected city attorney. In 1860 he formed a law partnership with George B. Lake, and the following year was elected prosecuting at- torney for Douglas County; in 1862 he lo- cated in Washington Territory, and in 1863 was appointed by the territorial Legislature as probate judge of a county which embraeed
the southern half of what is now the State of Idaho. During the five years he spent in Washington, he was largely interested in mining. In 1867, he went to Chicago and engaged in the commission business as a member of the firm of Gilbert, Wolcott & Company. In 1869 he returned to Omaha, and in April, 1875, formed a partnership with B. E. B. Kennedy, which still exists. He was appointed by Governor Thayer, in 1887, a member of the fire and police com- mission, which position he still holds. Ile was married several years ago to Miss Cor- nelia Richardson, daughter of the late Gov- ernor O. D. Richardson.
Elmer S. Dundy was appointed judge of the Supreme Court of Nebraska Territory by Mr. Lincoln. in 1863, and again on the 20th day of January, 1864, which office he held until the admission of Nebraska as a State in 1867. In April, 1868, he was com- missioned judge of the United States Dis- triet Court for the district of Nebraska by President Johnson, and has held that office ever since; and now in his old age he is en- joying life and still holding court nearly the year around. Judge Dundy for many years resided at Falls City, Richardson County, Nebraska, but some ten years ago removed to Omaha, where he with his family still continues to reside. „Judge Dundy has made an able, upright judge; has adminis- tered the law, as he has seen it, in a digui- fied and impartial way; and is one of the most pleasant and affable gentlemen to associate with that there is within the bound- aries of the State. A man who is sentenced for a crime by Judge Dundy feels as though a favor has been conferred upon him, from the urbane manner and kindly spirit in which the sentence is pronounced.
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