History of Charleston and Kanawha County, West Virginia and representative citizens, Part 14

Author: Laidley, William Sydney, 1839-1917. [from old catalog]
Publication date: 1911
Publisher: Chicago, Ill., Richmond-Arnold publishing co
Number of Pages: 1066

USA > West Virginia > Kanawha County > Charleston > History of Charleston and Kanawha County, West Virginia and representative citizens > Part 14

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We have been asked to state the differ- ence between the two judges Summers- brothers, Judge Lewis and Judge George. Judge Lewis was a stern, quiet, dignified, judicial character, more on the order of men that would be expected among the ancient order of Virginians in Fairfax. Judge George was more of the ancient order of Charlestonians. While of suffi- cient dignity, he was not so much so but that he could afford to see the humor of a thing, without giving way to too much lev- ity. One was always stern, while the other . was at times much less so.

Judge Lewis instructed his servant man, Williams, (not Bill) never to sign a paper

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without first reading it. The fame of Judge Lewis rested on his thorough judicial knowledge and his strict adhesion to the precedent and the common law, while that of Judge George was known better among the people as the orator and the advocate, where humor and pathos were exhibited, and the crowd or the jury or both, were moved along, taken up and carried, as it were.

On one occasion Judge George WV. Sum- mers was defending one Mr. Johnson, charged with taking a horse that did not belong to him, and it was supposed that the prospect of conviction was almost cer- tain, but the jury said "not guilty" and when he was discharged, the Judge took his client to his office to attend to the finan- cial part of the case, and after all had been duly attended to, he stated to Johnson, that the matter was concluded and he was in no further danger. Tell me, whether or not you did really take the horse? Johnson said, "Judge I always thought I did until I heard your speech."

It was after the war, and a poor unfor- tunate unmarried woman was tried on the charge of having killed her child, a very young one too, and her friends feared the result of the trial. Judge Summers was secured as her advocate and much time was taken in the examination of the wit- nesses. When finally it was all through and it was known that the Judge would speak in her defense in the afternoon, long before the hour for the Court to meet, the Court House was crowded, and he was lis- tended to with the utmost attention, and at times he had the audience in tears, and again in smiles. The verdict was "not guilty."

The sheriff was greatly interested and manifested much concern for the fate of the poor woman, and when the case was over, his comment was that it was "not much of a case no how;" he had been carried along with the jury so that he did not see how the jury could have done otherwise. and really thought the judge's effort was overdone and not at all necessary.

When the Convention met, Judge Sum- mers was opposed to establishing a con- federacy, if it had been possible, but he saw that it was not possible, and the result would be disastrous to the South, and espe- cially to Virginia. Then when he came home he was, by some who imagined that he was in their way to some place they were seeking, was charged with disloyalty to the Federal Government.

This was done by the editor of the "Wheeling Intelligencer" who wanted to be a Senator, and fearing that others much more prominent than he might be consid- ered, he attacked those with the charge of disloyalty, and in Wheeling and Western Virginia, such a charge was, equal to that of being an Abolitionist in Virginia. The charge amounted to nothing as to Mr. Summers for two reasons, first because he was not seeking the place and then he was too well known to be affected by anything that said paper could say or do,

After the war, and after almost all the people interested in the controversy that had brought on the war, had departed this life, there' was a man in Chicago that had been employed on said Wheeling paper, who was an Abolitionist aborigine, who had retained copies of the said paper and who supposed that he could, by making a book with all sort of charges against all promi- nent men in West Virginia as to their loy- alty, create a sensation and make a finan- cial success in the sale of his book, but it failed and fell flat. He charged Mr. Sum- mers with having had it within his power to prevent the war and that he did not ex- ercise that power, which the bare state- ment shows on its face to be ridiculous, and untrue. This book contains the elec- tion squibs that the said editor had pub- lished to prevent Mr. Summers from being voted for, and which were intended to be used and thought of only with reference to the election of the United States Senator, and not to be taken seriously. Then in the life of President Lincoln, the editors found some facts and evidence that arose in some spirited controversy between J. M. Botts

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and J. B. Baldwin, taken by some commit- tee of Congress, in relation to what tran- spired about the first of April, 1861, be- tween Mr. Lincoln and the Union men in the Virginia Convention. The editor of said book referred to what was found and states that the evidence taken was very contradictory and he undertakes to estab- lish facts by taking a midway course with a leaning to Mr. Botts' side, he being a friend of the President politically, and against Mr. Baldwin, who was a decided Union man, until the call for 75,000 troops to coerce the south changed his views, when he entered the Confederate army and resisted coercion. All this grew out of the fact that Mr. Lincoln, on April 3, 1861, sent a speical messenger to Richmond, ask- ing Mr. Summers to come to Washington, or else send some good man in his place. Both the President and Secretary were ac- quainted with Mr. Summers and knew his relation and standing in the convention. When this message reached Mr. Summers. he called several of the leading Union men together and laid the same before them. and it was decided that Mr. Summers should not then leave, that it was very important that he should remain in the convention daily, and that he was to make his speech before the proposition should be voted on and no one knew when it might be, or what might happen. These Union men agreed upon sending, in the place of Mr. Summers, Mr. John B. Baldwin of Staunton, Va., and he left immediately and went with the messenger to Washington. and reported to the President and they had a consultation, and as to what Mr. Lincoln said was the controversy between Mr. Botts and Mr. Baldwin, after the war- Mr. Botts said that the President offered to withdraw all troops from the port at Charleston, S. C., if Virginia would adjourn her convention and send the delegates home, while Mr. Baldwin said that no sitch proposition was made to him.

In 1866 Mr. Baldwin published a pam- phlet giving in detail all that transpired in relation to the matter, and he also inserted

the statements of the persons known to the same, viz: the messenger sent to Richmond, Mr. J. F. Lewis, Judge Thomas, G. W. Summers, John Janney, A. H. H. Stewart, Governor Samuel Price, Robert Whitehead and others,-all of whom concur with Bald- win's statements.

The supposition was that the Union men in the convention never presented Mr. Lin- coln's offer to the convention, and it was never acted on, but the same was suppressed, and thus it was all charged to Mr. Summers as having had it in his hands to stop the war and as having declined to use such power. The ab- surdity is on its face. Mr. Lincoln never made such a proposition in the first place, and there is no evidence of his own that he ever said so. Mr. Botts says the President told him that he did, but Baldwin denies it and gives the facts detailed. As to what took place between Mr. Lincoln and Mr. Baldwin-as no one else was present-they only know what took place. We have Mr. Baldwin's but not Mr. Lincoln's testimony.

Mr. Botts and Mr. Baldwin were not friend- ly-and Mr. Baldwin's testimony as to all other matters is corroborated, and then what earthly purpose would have been served by the suppression of the proposition of the Presi- dent? What did the Union men want if it was not to save the Union and prevent the war?

Whatever may have been the facts, there was nothing in the case by which Mr. Sum- mers could have been blamed and in the state- ment of the editor of the Life of President Lincoln, they were so far from the truth of the case, that nothing therein contained should re- ceive the least consideration concerning this matter; and the Chicago book was written without the facts and only that book on the Life of the President and the "Wheeling In- telligencer," with an evident disposition to dis- close a mare's-nest, bolster up the charge.

During the war, Judge Summers remained at his home, and while General Wise was in the Valley, he was placed under arrest but the General left rather hurriedly and did not take time to execute his threat. While the Federal soldiers were in occupancy of the Valley, there was no disturbance of any one that went about

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their business and were not caught in any in- home office and remained with him until his terference with the business of the military.

It was.during the time that the Federal of- ficers were in control that occasionally a rebel soldier or other person was brought in and a court martial ordered to try the prisoner. Once there was one Absalom Knotts brought and placed in the guard-house, and a trial ordered on the charge of his being a spy found within the Federal lines. The charge was a serious one, and the prisoner was regarded as worthy of death, from the reputation given to him from his own neighborhood and the soldiers did not hesitate to declare that he would be hung.

Judge Summers was employed for the pris- oner and he worked hard to save his life and to have him treated as a prisoner of war. It took some time to go through the testimony and the Judge studied the law bearing on the case and after the same was submitted, the Court held that he was no spy. Knotts gave his note for the Judge's fee, but he refused to pay it after the war was over, although he was amply able so to do, and he was sent to the Legisla- ture of West Virginia.

There were many able men in Kanawha, many that ranked high as men, as politicians, statesmen, lawyers, but there was no one that stood higher in either of these stations than did George W. Summers, and if you ask the old people who was the ablest man this county has ever produced, they will uniformly tell you that it was Mr. Summers, the lawyer and ad- vocate.

Not a great while ago, a grandson bearing the name of the late George W. Summers, in Washington, was called on by Col. Mosby, the Confederate cavalryman, and the Colonel, learning who the said Mr. Summers was, told him what he thought of his grandfather. The Colonel said he was in Richmond while the convention was in session and while he did not then agree with Mr. Summers, that Sum- mers, though surrounded with great men, was the most brilliant man in the convention of 1861. That he was a giant among the giants, the most brilliant, the most powerful, the most eloquent man in the gathering, etc., etc.

The writer, W. S. Laidley, was the brother of Mrs. Summers and he visited them in 1863, and begun to read law with the Judge in his

death. That he was the Judge's amanuensis, aid was in the office with him and after Decem- ber, 1865, was a partner under the firm name of Summers and Laidley, and he knew the Judge's views on those matters of which he expressed any views.

It was in 1866 that Judge Summers was in Mason county attending court, and was taken ill, and was brought home by his associate, James W. Hoge. Dr. Spicer Patrick and Dr. Cotton attended him.

It was in 1867 that Mrs. Summers was taken ill and lived but a short time. She was well known in Charleston and was beloved by all her associates. She was a gentle, sweet, lovely Christian character.

It was in the fall of 1868, the Judge seemed to so improve that he gave promise of recov- ery. He went about all the time around the house, took an interest in everything and espe- cially in Col. Smith's campaign for governor. On September 19, 1868, there was a polit- ical meeting and barbecue and many people called together. In the late afternoon the mem- bers of the family that were in town reached home and some of them were relating the events of the day to the Judge when he was suddenly stricken with total paralysis and died immediately. Doctor Cotton was present at the time.

The Summers cemetery is at Walnut Grove in Putnam county, the orignal home seat of his father Col. Summers, and the family were up to that date all buried there.

Judge George W. Summers was a mem- ber of St. John's Episcopal church of Charles- ton, and he was the owner of a pew in the first Episcopal church erected here, and he and his family all attended the same, and he was one of the vestry of said church and aided in its support. He was a Christian gentleman and worshipped in spirit and in truth. He was well known throughout the county and he loved to be with his acquaintances, he was full of humor and was kind and gentle to all.

During the war a tenant lost a child, and in their distress, there being no minister conve- nient, he attended to the burial and read the burial service.

His whole life testifies to his Christian spirit.

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He was but sixty-four years of age and in the very strength of his ability as a lawyer, judge or advocate.

JUDGE MATHEW DUNBAR

Judge Dunbar was born in Monroe county in 178I and came to Kanawha a young man well educated, and he read law with James Wilson, the prosecuting attorney, and was admitted to the bar in 1818. He was a great slave man and paid strict attention to his individual af- fairs, and in whatever office he held he gave it his strict attention and was a most competent and efficient holder. He was sent to the House of Delegates with Mr. James Wilson in 1823, with Daniel Smith in 1829-1830. He was Judge of the Circuit Court for a while and under the Constitution of 1852, he was elected the prosecuting attorney for the county. He had two daughters and one son: Mrs. Eben- ezer Brown and Mrs. James L. McLain and Dr. William Dunbar. He was a consistent Pres- byterian and died in the faith in 1859, and was a lawyer in whom all persons had confidence in his integrity.

John Dunbar Baines, attorney, was a son of Ebenezer Baines and a grandson of Judge Dunbar. He was born in Charleston, educated here and was a well read, scholarly man. He was elected mayor of the city, and served as councilman many years. He read law and was admitted to the bar, but never devoted much of his time to the trial of causes. He was an exact, conscientious Presbyterian elder, in whom all had confidence. His wife was the daughter of James M. Laidley and they had one daughter. His father, an Eglishman, did not become nattiralized, and paid no attention to politics, but his son was not a Republican, and always votes, sometimes for the man, and not always for the man or the party. His wife was Mrs. Hallie, and his daughter was Miss Allie Baines.

JUDGE JAMES W. HOGE

He was the oldest child of Rev. P. C. Hoge and his wife Sally ( Kerr) Hoge, and was born in Augusta county, Virginia, near Middle- brook, on the 30th day of April, 1830, but he grew up near Scottsville in Albemarle, except

while attending the Shenanah Academy. He finished his law course before he was twenty- one years old, and he was a good Latin scholar. He was licensed to practice by Judge Lucas P. Thompson, Briscoe G. Baldwin and Richard H. Fields in the year 1850. He first settled at Harvardsville, but some one from Putnam county persuaded him to come to Winfield, Putnam C. H., in 1852. In 1856 he was elected prosecuting attorney and again in 1860. He married in 1857 Miss Sarah C. Wright, daughter of John G. Wright of Charleston, and they settled in Winfield.

He was commissioned colonel of the 18Ist Regiment of the 22nd Brigade of the 5th Di- vision of the Virginia Militia in 1859, and he was elected member of the Virginia Conven- tion of 1861, as a Union man, and he re- mained such and voted accordingly. He was elected prosecuting attorney for Fayette county in 1865. He was appointed by Gov- ernor Boreman as judge of the 7th Judicial Circuit, to fill the vacancy occasioned by the resignation of Judge Daniel Palsley in 1867 and was afterwards elected in 1868. In 1872 he was given a banquet by the attorneys. He died in 1882, leaving his widow and eight children. Mrs. Hoge was sister of Mrs. Julia Forbes, who was the widow of Mr. Forbes, the first clerk of Putnam county, and who was another daughter of Mr. John G. Wright of the Kanawha House in Charleston. Judge Hoge was well known in Kanawha as a law- yer and better as a judge. He had all the qualifications of a good judge, learned in the law, strictly honest and impartial and a Vir- ginia gentleman, he easily won the confidence and respect of everyone that came in contact with him.

JUDGE FRANCIS A. GUTHRIE

Judge Francis A. Guthrie, a descendant of a prominent Scotch family, was born in Tyler county, Virginia, April 12, 1840. His mother was Elizabeth Hughes of Nicholas county, Va. He attended Allegheny College at Meadville, Pa., until his enlistment in the Civil War, volun- teering as a private Sept. 10, 1861. He was promoted to sergeant, November 2, 1861, to first lieutenant, November, 1862, and to captain

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of Company E, IIIth Regiment, Pennsylvania Volunteer Infantry on March 30, 1863.

After the war, he attended college at Ann Arbor, Mich., and graduated in law. He mar- ried Clara Van Gilder of Cheshire, Ohio, April 30, 1866, and located at Point Pleasant, W. Va. where his only child, Lewis V. Guthrie, was born in January, 1868.

He was elected prosecuting attorney for Ma- son county in 1870. In 1880 he was elected judge of the Seventh Judicial Circuit, compris- ing the counties of Mason, Putnam, and Ka- nawha. He was re-elected in 1888 and for a third term in 1897, which position he held con- tinuously for nearly 24 years, and at the time of his death, August 16, 1904.

In politics Judge Guthrie was a life-long Republican. He was the possessor of a winning personality, which made him friends every- where he went, was a good story teller and an entertainer of rare qualities.

His knowledge of the fundamental principles of the Law was profound, and his insight into the essential points of a case was exceptionally keen. He was particularly courteous and con- siderate of the young practitioner, and was es- teemed and respected by the Bar throughout the State.

Judge Guthrie loved the wild flowers, and the forest, and was an ardent sportsman. He had great faith in the intrinsic value of the vast tracts of mountainous land and made several profitable investments in the undeveloped parts of the State.

Judge Guthrie, being the son of a Methodist preacher (Rev. Francis Guthrie), with twelve other children to be provided for, was compelled to make his own way in life from about fifteen years of age. He taught school in the winter and worked in the harvest fields in the summer to procure sufficient money to attend college and complete his education.

Judge Guthrie succeeded Judge Joseph Smith of Jackson county. He died at Point Pleasant from the results of gastro-enteritis, and was buried in Lone Oak cemetery near that place.

JUDGE SAMUEL C. BURDETT

Judge Burdett came to Kanawha from Ohio

during the Civil war and has ever since made his home in Charleston. He came to the front as a speaker on temperance and there were few speakers that were preferred to him on this subject. In later years he began to make speeches on political campaigns and has always been known as a Republican. He read law afterwards and has been practicing law in the Courts of Kanawha for several years. He was nominated for judge of the Circuit Court, suc- ceeding Judge F. A. Guthrie on the same Court. He conducts his court with decorum, his man- ner is agreeable, and his opinions are generally expressed with well chosen words, which state his meaning clearly and to the point.

JUDGES OF THE COURT OF APPEALS OF VIRGINIA

The first court of appeals, elected December 24, 1788, by the legislature, consisted of Ed- mond Pendleton, John Blair, Peter Lyons, Paul Carrington and William Fleming.

Edmond Pendleton was a poor boy, and Mr. Robinson saw in him the making of a man, took him into his office and taught him law. Mr. Robinson was speaker of the House of Burgesses and Pendleton also became a member, and he was also a member of the con- vention of 1775, and on the death of Peyton Randolph was made president of the conven- tion and of the succeeding one which made the constitution of Virginia. He became judge of the high court of chancery and by virtue thereof was the president of the first court of appeals, and he was made president on the reorganization and held that place until his death in 1803. His biographer says his poverty made him great, and his industry gave him fame, and says the "spear of necessity" must have been driven deep when it made him read the English law reports for amusement.

John Blair was chief justice of the general court and also a judge of the high court of chancery and a judge of the first court of ap- peals, and he was for a few years on the U. S. supreme court, which he resigned and died in 1800, in the sixty-ninth year of his age.

Peter Lyons came to Virginia from Ireland and studied law and was a friend of the col- onies. In 1779 he was made judge of the

GEORGE W. SUMMERS

COL. BENJAMIN H. SMITH

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general court and thereby became a judge of the court of appeals. He was possessed of both integrity and urbanity and made an up- right and impartial judge.

Paul Carrington was the son of a wealthy gentleman, made, in 1779, a judge of the gen- eral court and afterwards a judge of court of appeals. He was upright and impartial and at the age of seventy-five resigned in 1807. He lived to be ninety-three years of age.

William Fleming was a member of the con- vention of 1775, was made a judge of the gen- eral court and of the first court of appeals, and died while a member of that court. He was honest and correct.

Robert Carter Nicholas was bred to the bar and on familiar terms with Lord Botetourt, governor of Virginia. Both the governor and Mr. Nicholas were popular and both religious men. Judge Nicholas died in 1780.

Bartholomew Dandridge was made a judge of the general court in 1788, and hence was on the first court of appeals. He was gener- ally esteemed as a judge by both bench and bar. He died in 1785.

Benjamin Walker was a lawyer and was made clerk of the general court, and was often consulted in chambers, and was made judge of the Virginia court of admiralty in 1777 and hence one of the first court of appeals. He would not leave Williamsburg and go to Richmond. He was universally respected.

William Roscoe Wilson Curle was a law- yer, judge of the Virginia court of admiralty and judge of the first court of appeals.

Richard Cary was a judge of the Virginia court of admiralty and a judge of the first court of appeals. He was an educated, schol- arly man.

James Henry, a Scotchman and a Philadel- phia lawyer, was judge of Virginia court of admiralty and was on first court of appeals.

John Tyler, the father of President Tyler, was on Virginia court of admiralty and on the first court of appeals. In 1808 he was governor of Virginia, in 1811 was U. S. cir- cuit judge in Virginia.

James Mercer was on the general court and on the court of appeals. He died in Rich- mond while attending court.

Henry Tazewell was on the first court of appeals by reason of his being on the general court. He married daughter of Judge Waller, and was a man of fortune, was U. S. senator, etc.

Richard Parker was born on Northern Neck, became a judge of the court of appeals in October, 1788, by being a judge of general court. He was a learned lawyer and an up- right judge, and a friend of the Lee family and hated the British.

Spencer Roane was born in Essex in 1762, attended the lectures of Chancellor Wythe, be- came member of legislature, married a daugh- ter of Patrick Henry, then governor, was made judge of the general court in 1789, and when Judge Tazewell went to U. S. senate he was elected to the supreme bench. He dis- liked aristocracy and family pride and played the fiddle and died in 1822.

St. George Tucker was made a judge of the supreme court in 1804, was born in Ber- muda, settled in Williamsburg. In 1797 he married Mrs. Randolph, the widow of John Randolph of Matoax; was colonel of a regi- ment at Guilford Court House. His wife died in 1788, and she was the mother of the celebrated John Randolph of Roanoke, and he took the place of Edmond Pendleton in 1803 at the death of Pendleton, which he held till he resigned in 1811. In 1813 he was made judge of the U. S. district of Virginia. His second wife was a Miss Carter. He favored the gradual emancipation of slaves. He died in 1827. His son, Henry St. George Tucker, became president of the court of appeals.

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History of Charleston and Kanawha County, West Virginia and representative citizens, Part 14

Author: Laidley, William Sydney, 1839-1917. [from old catalog] Publication date: 1911 Publisher: Chicago, Ill., Richmond-Arnold publishing co Number of Pages: 1066

Author: Laidley, William Sydney, 1839-1917. [from old catalog]
Publication date: 1911
Publisher: Chicago, Ill., Richmond-Arnold publishing co
Number of Pages: 1066