| | WOODSON COUNTIES, KANSAS. | 45 cont'd |
Byrne was another of those striking characters whom to have known briefly was
to remember for ever. Light complected flaxen haired, pale blue eyes, lithe as a
cat, of most nimble wit, one of the kind that could keep the table in a roar,
and with temper nimbler still. He came to Humboldt in 1868. I recall one
incident which characterizes the man. Driving up to Iola in a hack Goodin and
Gilbert were regaling later arrivals such as Byrne, Barber and myself with
stories of more primitive times. Finally Byrne broke in "Pshaw, that's nothing.
Do you see that hill over there?" pointing to the Dave Parsons Hill south of Elm
Creek whose demolition for cement purposes now furnishes employment for hundreds
of men, "When I first came to Allen County that hill was nothing but a hole in
ground."
Byrne was always prominent and quite active in all public affairs. His family
consisted of a wife, a most estimable lady of culture and refinement, and
several children to all of whom he was devotedly attached. In the spring of '71
without warning he dropped from sight and for no conceivable reason, and from
that day to this "What became of Byrne?" has been a mystery which remains to be
solved in generations to come by some literary genius of Allen County who
chooses to interweave in thrilling romance the stirring scenes and picturesque
characters of Allen County's early days.
Here too was romance.The son of Matthew Hale Smith, a writer of national
distinction, he disliked the name for some reason and changed Smith for
Burleigh. Though rather young for the position he served during the war on the
staff of some corps commander, Burnside, I think, in the army of the Potomac
with the rank of Major. His appearance was striking, of medium height, spare and
straight, dark visaged, wicked twinkling black eyes, brisk, alert, with air and
bearing suggestive of dash, rattle of sword and scabbard and jingle of spur,
always neatly attired, in cold weather with a military cloak with the cape
jauntily thrown back to exhibit a trifle of its red flannel lining, such was the
appearance of the man.
One picture of Burleigh I shall never forget. An editor by an injudicious
application of an epithet to a newly arrived lawyer converted the writer hereof
into a prosecuting witness, and himself into a defendant, in a criminal libel
suit. Upon the trial Burleigh, who in addition to being County Attorney, was an
excellent reader, for one solid hour read in evidence from Dickens to a jury of
Allen county farmers, and from that day to this no Allen county editor has ever
called an Allen county lawyer "Uriah Heap".
Burleigh was an accomplished gentleman, somewhat literary, much above the
average as a talker and very fair as a lawyer. Soon after the
incident referred to he went to Athol, Massachusetts, where he practiced law for
some years. Then came an interregnum of mysterious disappearance coupled with
piratical and sentimental romance. Afterwards he reappeared and practiced law in
Athol until a few years since when he was found dead in his office.
Strongly touched with genius, versatile and visionary, active and energetic,
fearless and tireless, audaciously aspiring and thirsty for prominence and
notoriety, of very exceptional ability as speaker and writer, such was Colonel
G. P. Smith. Probably no man was ever more on the alert for an opportunity to
rise and address his fellow citizens, and few could do so on short notice with
more credit. Lack of continuity, both as to occupation and locality, was his
most notable characteristic. Ohio, Virginia, Eastern Illinois, Middle Illinois,
Humboldt, Fredonia and back to Ohio. Doctor, soldier, editor, lawyer and farmer,
doctor and farmer, editor, lawyer and always a politician, such was his history.
His career was strenuous, stormy and eventful. In '56 he was a leading spirit in
organizing a Fremont Club in Wheeling and during the fall of that year he made
an aggressive campaign in West Virginia. On one occasion an attempt was made to
lynch him but he was rescued by friends though not until he had disabled several
of his assailants with his knife.
In '61 Lincoln appointed him collector of customs at Puget Sound, but the
outbreak of the war offered employment more to his liking and he declined the
appointment. Aide-de-camp on the staff of General Rosecrans with rank of
Captain, Major of the 69th and Colonel of the 129th Illinois, such was his army
career and in each of these positions his energy, force of character and courage
won for him distinction.
After the war he edited the Journal at Jacksonville, Illinois, for several
years. In 1869 he settled in Humboldt, Kansas, as lawyer and farmer. Through the
seventies he alternated in rapid succession between law, medicine, farming,
editorial work and politics and in fact at times combined all five. Though fond
of mingling with people he was at the same time an indefatigable student of
general literature, political economy and kindred subjects as well as
philosophy. No hard day's work on the farm or in the office was ever tiresome
enough to send him to bed before midnight when he had a good book to read, and
he never read an inferior book. He held it to be the most inexcusable waste of
time to read a good book when one better could be had. One of his poems entitled
"The Gods and I are at Strife", written in moments of depression after the death
of an idolized and only daughter and his phenomenally gifted son Byron, and
after the utter failure of all his plans, may still be seen occasionally in the
newspapers.
His special excellence was as a campaign orator and as such he was always in
demand. In '64 together with Ingersoll then unknown to fame, he campaigned over
Northern Indiana. In '71 he represented his district in the State Legislature.
As candidate for State Auditor he canvassed the State some years later but was
on the wrong ticket. In about '85 he returned to his starting point in Eastern
Ohio where he soon after died.
| | WOODSON COUNTIES, KANSAS. | 47 |
Born in Morgan county, Illinois, in August, 1841, raised on a farm, entered the
army in August 1861, present with Company A of 32nd Illinois (of which John
Berry of Erie Kansas, was afterward Captain) at the capture of Fort Donelson and
wherever else the army of the Tennessee won glory, including the march to the
sea and the grand review at Washington; mustered out in September 1865. He was a
private until three days after the battle of Hatchie River, then first Sergeant
until January 1865, then Second Lieutenant until mustered out. From the time of
receiving his commission until mustered out he was on staff duty as acting
adjutant, or as aide-de-camp on the staff of General W. W. Belknap of the Iowa
Brigade. He graduated at Wesleyan University at Bloomington, Illinois in 1868;
then with Major J. W. Powell's "exploring expedition" in Colorado; with Powell
and W. N. Byers, then editor of the Rocky Mountain News, and some others made
the first ascent of Long's Peak in August 1868, read law at Bloomington,
Illinois, admitted to bar in December 1869, had trunk packed for Kansas in time
to have been there before the close of '69 but was detained until a few weeks
later by sickness of a relative, was therefore constructively present and one of
the sixties, opened office in Humboldt early in 70, first in partnership with G.
P. Smith; then with Orlin Thurston; then with J. B. F. Cates; from '83 in
partnership with J. R. Goodin at Wyandotte, now Kansas City, Kansas, until
Goodin's death in '85, since that time and now in practice with Hon. C. F.
Hutchings at Kansas City, Kansas. He was in the Legislature in 1877. Such is the
history of the subject of this sketch.
Keplinger was as different from each one of those heretofore mentioned as they
were from each other. He was not convivial. He liked to be with books rather
than with people. He shunned rather than sought after prominence. He had a
horror of being called on to make a speech. He regarded sentiment as of
paramount consideration and he sought to make up in earnestness and industry
what was lacking in grace or eloquence. He brought with him to Kansas an
uncertain quantity of political aspiration which however was hampered with the
notion (which he still entertains) that the office should seek the man. After
years of waiting, a little measly office that no one else in the party wanted,
sought him. He was permitted to write his own platform. He put in this plank
"When bad men secure nominations the mistakes of conventions should be corrected
at the polls." The rest of the ticket was elected and Keplinger was defeated.
But he had his revenge a few months later when the candidate on the State ticket
at whom that plank in the platform was especially hurled, became a sudden
inhabitant of South America. But all the same the State never recovered the bonds
he ran off with.
For all that, however, and though now a resident of Wyandotte county, he accords
Allen the foremost place in his affections and to her he will assuredly return
when he dies.
Mr. Barber was born August, 1848, in Morgan County, Illinois. He remained on the
farm upon which he was born until 1863 when his parents removed to Jacksonville
where he graduated at Illinois College in 1868, standing second in his class; he
was admitted to the bar in 1870 and in October of that year came to Humboldt
where he at once entered upon the practice of law with exceptional prospects of
success, but in 1875 he added banking to law, by going in business with B. H.
Dayton under the firm name of Dayton, Barber & Company, and soon thereafter
he organized a National Bank which wholly engrossed his attention. The general
financial disaster of 1893 numbered this bank among its victims, although he
continued the struggle until some years later. In 1896 he removed to
Springfield, Missouri, where he now resides.
Mr. Amos came to Humboldt in 1868 or 1869 and went into the lumber business. The
extermination of private enterprise by consolidated capital which has since
driven out pretty much all lumber yards conducted by private individuals,
influenced Amos to enter the law. He was admitted to the bar in 1875 and
continued in the practice there until 1889 when business connected with the
settlement of his father's estate caused him to remove to Springfield, Illinois,
where he remained until 1894. He then returned to Humboldt where he still
remains engaged in the practice. His ability and energy as a lawyer soon gave
him prominence at the bar and he was elected county attorney. That was a time
when it was thought to be the proper thing for county attorneys to see to it
that laws were enforced and Amos did see to it in such fashion that Mrs. Nation
would have had no occasion to visit Allen county.
Amos was chiefly responsible for one memorable event in Allen county's history.
Humboldt's zeal in behalf of the famous "East and West road" outran her
discretion. She not only voted but she also issued the necessary bonds but she
never got the road. When payment of the bonds was demanded, to borrow the slang
expression then current, which I trust the severe taste of the future Allen
county bar will excuse, she "kicked". A city could be sued only by getting
service on certain named officers. By a judicious selection of persons who were
about to leave the State or the world, the municipal machinery was disintegrated
beyond the power of a Federal Court mandamus to ever put it together again. In
this way the city was placed and kept under cover for nearly twenty years and
until a favorable compromise was effected. Mr. Amos was chief conspirator in the
scheme.
Though hardly justified by his prominence at the bar, the romantic incident
which made him an Allen County lawer
[sic] throwing light as it does upon
the vicissitues of life on the frontier may excuse the insertion of Larimer's
biography in a history of the Allen County bar.
The Larimer and Kelly families were among the early settlers in Allen County.
Shortly after the close of the war they in company with several other families
started in wagons for some point on the Pacific slope. While
| | WOODSON COUNTIES, KANSAS. | 49 |
in Wyoming Territory the train was attacked by the Sioux Indians. Larimer was
badly wounded but escaped by hiding in the brush. Kelly was killed. Mrs. Larimer
together with her young children also Mrs. Kelly were captured.
Mrs. Larimer alter being a prisoner about two days escaped. Mrs. Kelly remained
a captive until ransomed about five months later. After her release she regained
her friends the Larimers. Some time later Mrs. Larimer published a book as her
own production and on her own account, giving a full story of the occurrence
which was largely made up of an account of Mr. Kelly's experiences while a
captive. Thereupon Mrs. Kelly came to Allen County, attached land belonging to
the Larimers and brought suit for damages, claiming that the manuscript was the
joint production and property of both herself and Mrs. Larimer and was to have
been published on joint account. This woman's quarrel became a matter of general
public interest and was prolonged in the courts for several years with varying
results until the costs equaled the value of the land attached, when it was
adjusted.
Larimer having nothing else to do during its progress read law and was admitted
to the bar. He soon after wandered off to the Black Hills where he afterwards
served a term or two as Probate Judge in one of the leading counties, after
which he resumed practice until his death which occurred several years since.
Mr. Slavens was born in Putnam county, Indiana, August, 1849, came to Kansas in
1869, began the practice of law at Neosho Falls, Woodson county, in 1870,
removed to Humboldt in 1876 where he remained until elected county attorney in
1878 when he removed to Iola. After the expiration of his term, he returned to
Yates Center. He removed to Kansas City, Kansas, where he died in 1897.
Mr. Slavens possessed in a high degree many of the qualities necessary for a
successful lawyer. He was bright, genial and likeable, and exceptionally
influential with the jury. He represented Woodson county in the Legislature in
1884 and 1886.
Mr. Fife was born near Plymouth, Ind., September 10, 1854, was raised on the
farm, was educated at the Indiana State University, came to Kansas in 1878 and
began the practice of law at Humboldt in September of that year. Mr. Fife's
qualifications entitle him to a place in the foremost rank of those who have
been Allen county lawyers. He speedily became prominent. In 1880 he was
appointed county attorney to fill a vacancy occasioned by the resignation of Mr.
Slavens. In the fall of that year he was elected to the same position. In 1883
he removed to Kansas City Kansas, where he at once established an extensive
practice. Though by no means wanting as a counsellor, his special excellence is
as a trial lawyer. Mr. Fife takes an active interest in politics and appears as
a prominent and influential factor in every congressional and State convention
of his party. Since his removal to Wyandotte he has been County
Attorney for one or two terms. Of late years he has been extensively interested
in mining operations in Colorado, and contrary to the general rule his
adventures in that line have been quite successful.
Mr. Donoho was born in Macon County, Tennessee, in 1844, came with his parents
to McDonough County, Illinois, in 1846, served three years in the 47th Illinois
Infantry during the Civil War, came to Allen County in 1868, was admitted to the
bar in 1876. From 1881 to 1889 he practiced law and edited the Pilot at Bronson,
Kansas. In 1889 he began the practice of law in Kansas City, Kansas. Sterling
integrity, sound judgment, strong common sense and an innate love of justice
coupled with a familiarity with the fundamental principles of law are his
striking characteristics. He is now filling his second term as Judge of one of
the city courts in Kansas City, Kansas, and has just been re-nominated without
opposition for a third term with certainty of election.
Other Allen County Attorneys
The publishers of this History regret that they have not been able to command
the services of so able a chronicler as Mr. Keplinger on behalf of the attorneys
who came here since Mr. Keplinger removed from the county or who lived at Iola
during his residence at Humboldt and with whom he did not feel sufficiently
acquainted to include in his article. In the absence of such an expert little
more can be done than to set down here the names of those who made for
themselves, a permanent place in the records of the Allen County bar.
Mr. Murray held a prominent place among Iola lawyers for several years. He went
from here to Missouri and is now at Harrisonville, Arkansas.
Mr. Simpson practiced at the bar a comparatively short time, but he holds a
large place in the earlier history of Iola for the reason that he was for
several years clerk of the district court and afterwards for a number of years
post-master, resigning the latter position, chiefly on account of his health, to
go to Pasadena, California, where he now lives and where he has taken a
prominent place at the bar and in politics, having been twice elected to the
Senate of the State.
Mr. Richards came to Iola soon after the war as a young lawyer and would
probably be willing to admit that he had a hard fight of it for several years.
When the Fort Scott Wichita and Western railroad, (now a division of the
Missouri Pacific), was built through Allen County Mr. Richards, who had been
active in securing right of way and other concessions, was appointed its local
attorney. His work was so well done that he was soon advanced to the general
attorneyship of the road, with headquarters at Fort Scott where he has ever
since made his home. While never holding or seeking political office, Mr.
Richards has taken an active interest in politics and is now recognized as a
strong factor in the Republican councils of the State.
| | WOODSON COUNTIES, KANSAS. | 51 |
Mr. McDonald was perhaps one of the most ambitious men who ever tried to
practice law in Iola. He was a man of considerable natural ability, but his
professional success was hampered by lack of early training. He soon gave up the
law and after holding a subordinate office at the San Carlos Indian Agency in
Arizona for a time, returned and started a newspaper at Kiowa. When Oklahoma was
opened to settlement he "made the run" and located a claim in "D" one of the far
western counties. In Oklahoma he engaged actively in politics and soon achieved
a wide reputation for his radical and fearless utterances and for the unusual
and picturesque oratory which he developed. He was shot and killed one day on
the road between his claim and the neighboring town, by a man with whom he had
quarreled. The man gave himself up, admitted the shooting and claimed
self-defense. As there was no testimony to disprove this claim he was never
punished. The very general opinion was, however, that "McDonald of D," as he was
known all over Oklahoma, was waylaid and shot in the back.
Mr. Boyd will be remembered by the old citizens of Iola as a little gray
cheerful talkative man who seemed to have out lived his ambitions and his energy
and was simply waiting around "killing time" with infinite good humor and
patience. He rarely had a case in the district court but he was for many years
police judge or justice of the peace and was much missed when he died.
Mr. Knight came here from Iowa in the early eighties and engaged at once in the
practice as a partner of Oscar Foust. He was a man of great energy and force and
was considered especially strong as a criminal lawyer. He removed to Los
Angeles, California, some years ago, where he still resides, and where he has
built up a lucrative practice.
Mr. Davidson was first admitted to the bar here, but soon removed to Hutchinson
where he rapidly advanced well toward the front rank. He afterwards located in
St. Louis where he now lives and is reported to be doing well.
Mr. Bogle came to Iola first as stenographer for the district Court. He soon
resigned that position, however, and engaged in the practice of law. He was a
shrewd, well schooled lawyer, a most likeable man to his intimate friends, but
with oddities of manner and dress that did not promote his success in gaining
clients. Mr. Bogle was a southerner by birth and he never felt really at home in
the North. After a few years, therefore, he went to Macon, Mississippi, where he
was when last heard from by any of his Iola friends.
Mr. Fisher came to Kansas from Pennsylvania and began his first practice at
Iola. He was a man of tremendous energy and great determination, and speedily
took rank among the first of the many bright young lawyers who were then
practicing law in Allen County.
Becoming dissatisfied with the narrow field that Iola offered at that time he
went to Chanute and later to Conneaut, Ohio, where he is now engaged in the
successful practice of his profession.
Mr. Benton also tried in Iola his first lawsuit, coming here from Illinois. He
was thoroughly devoted to his profession and had perhaps the most distinctly
legal mind of any of his associates at the bar. He applied himself diligently
and rose rapidly in his profession. He formed a partnership with J. H. Richards
and when the latter was appointed solicitor for the Fort Scott Wichita and
Western railroad Mr. Benton was appointed as his assistant and went with him to
Fort Scott where he has since made his home
Mr. Scott grew up in Iola and after graduating from the University of Kansas and
from the Columbia Law School, Washington, D. C., he returned here and engaged in
the practice of law in partnership first with J. H. Richards and C. E. Benton,
and afterwards with Mr. Benton alone. He went to Oklahoma City when that
Territory was opened for settlement in 1889 and continued there the successful
practice of law. In 1898, failing health compelled him to relinquish the law and
he accepted an appointment as Professor of English Language and Literature in
the Agricultural and Mechanical College of the Territory of Oklahoma. After one
year in that position he was appointed President of the institution which place
he has since filled.
Mr. Gordon grew up in Osage township, Allen County, and worked his way up to the
practice of the law. He was a man of splendid physique and considerable natural
ability and he soon acquired a good standing as a young lawyer of promise. He
lacked continuity, however, and after a few years at the law drifted into the
newspaper business for which he was not adapted. About 1890 he left Iola and
when last heard of by Allen County friends was teaching school in Illinois.
Mr. Acers was one of a number of unusually clever young lawyers who came to Iola
in the later sixties. Handsome, delightfully companionable, a speaker of much
more than average ability, he easily took a place well toward the front rank
which he held as long as he chose to devote himself to his profession. He
succumbed to the allurements of politics, however, and after making an
unsuccessful race for Congress as the candidate of the Democratic party, he was
appointed internal revenue collector. For a few years after retiring from that
office he devoted himself to mining enterprises. These failing to return the
rewards promised he returned to Iola and engaged in the real estate business
which now occupies his time.
Mr. Talcott came to Iola from the army, slight of figure but with rare dignity
and courtesy and with a knowledge of law that speedily sent him to the District
bench and kept him there for twelve years. Upon his retirement from the bench he
followed
| | WOODSON COUNTIES, KANSAS. | 53 |
his old friends, C. M. Simpson and R. H. Knight to southern California and is
now engaged in the practice of his profession at San Diego.
A close scrutiny of the court records of the past thirty years would doubtless
bring to light some names not mentioned in this rapid review, but it is believed
that the names of all who really made a place for themselves have found mention
here.
To comment on those who are now actively engaged in the practice of law in Allen
County would seem to be hardly the province of history, and hence the editors
content themselves with placing on record the following list of present day
attorneys taken from the current docket of the District court:
Amos, G. A.
Atchison & Morrill.
Bennett & Morse.
Beatty, L. C.
Baker, J. E.
Choguill, W. A.
Campbell & Goshorn.
Cullison, R. E.
Conley, A. B.
Clifford, B. E.
Ewing & Savage.
Foust, Oscar & Son.
|
Gard, G. R.
Gard & Gard.
Goshorn, J. B.
Hankins, W. C.
Jacoby, M. P.
McClain, Baxter D.
Ritter, Chris. S.
Stover, T. S.
Thompson, J. F.
Thompson, Harry.
Tudor, H. M. M.
Thrasher, Geo. C.
|
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Pages 45-53,
transcribed by Carolyn Ward from History of Allen and Woodson Counties, Kansas:
embellished with portraits of well known people of these counties, with biographies
of our representative citizens, cuts of public buildings and a map of each county /
Edited and Compiled by L. Wallace Duncan and Chas. F. Scott.
Iola Registers, Printers and Binders, Iola, Kan.: 1901;
894 p., [36] leaves of plates: ill., ports.; includes index.
