John M. (John McAuley) Palmer.

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pletion of his collegiate course he took up the study of law as a student in the
office of Judge Ben Champney, where he read law until September, 1837, when
he was admitted to the bar.

The following year Judge Dale visited Bond county, Illinois, where he was



698 THE BENCH AND BAR OF ILLINOIS.

retained in a lawsuit, and before it was concluded he was solicited to become
the counsel for other parties interested in litigations and who, witnessing his
superior handling of his first case, desired his services in their behalf. This led
him to locate in Illinois and for almost fifty years he was a conspicuous figure at
her bar. He was connected with much of the most important litigation heard
in the state and federal courts of the southern part of Illinois and such was his
demeanor that he won the highest respect of his professional associates, while his
superior ability enabled him to gain high prestige and excellent financial returns
for his services. Judge Irwin said of him : "He was a man of most excellent
mind. On special occasions in the argument of chancery causes and compli-
cated cases on the civil side of the docket, he displayed mental qualities which
showed great clearness and apprehension of the intricacies of the law." His
fitness for leadership in civic affairs often led to his selection for public office,
and in the discharge of his duties he honored the state which had thus honored
him. In the year of his arrival in Bond county he was chosen school treasurer
of Greenville, and in August, 1839, he was elected probate or county judge of
Bond county, being continued in that office by successive re-elections until May,
I 853> when he resigned, having sat upon that bench for fourteen years. In 1844
he was elected and commissioned major of a battalion of state militia and was
a member of a military board which sat in Alton, in 1847. He was also chosen
a member of the constitutional convention the same year, and his knowledge of
constitutional law made him an able factor in preparing that important docu-
ment for the state. He served as a member of the legislative and internal im-
provement committees, and when the labors of the convention were ended he was
appointed a member of the committee to prepare the address of that body to the
people. In June, 1852, he served as a delegate to the Democratic national con-
vention which nominated Franklin Pierce for the presidency.

I' 1 T 853 Judge Dale removed to Edwardsville, having been appointed regis-
ter of the United States land office, and in that capacity served from May, 1853,
until 1857, when the office was removed to Springfield. From December, 1857,
until December, 1865, he served as county judge of Madison county, and after
an interval of eleven years he was again elected, serving from January, 1876, until
December, 1886, making his incumbency in that office over a period of nineteen
years. He was master in chancery from 1855 until May, 1863. first by appoint-
ment of Judge Sidney Breese and afterward by appointment of Judge William H.
Snyder. He was at various times in his law practice associated with able part-
ners, and from December, 1865, until January, 1876, was thus connected with
George B. Burnett as a member of the firm of Dale & Burnett. In December,
1886, he entered into partnership with William P. Bradshaw, under the firm style
of Dale & Bradshaw, and later they were joined by C. W. Terry, who later with-
drew to form a partnership with Judge W. H. Krome, when the old name was
resumed. The periods of these partnerships cover the time when Judge Dale
was not on the bench. Judge Krome said of him: "In 1865 'I began reading
law in his office under his direction. He was in many respects a remarkable
man. He was never idle, on the contrary was industry personified, and as a legal



THE BENCH AND BAR OF ILLINOIS. 699

adviser he was cautious, but safe, never advising clients into unnecessary litiga-
tion." One of his last public services was the delivery of the address at the
unveiling of the monument erected by the state at Fort Gage to the memory of
the pioneers of Kaskaskia, the ancient and now extinct capital of the state.

"In my recollection of the lawyers of Edwardsville," said W. F. L. Hadley,
"Judge Dale stands out most prominent;" and C. N. Travous gave utterance to
the following words : "No lawyer was held in higher esteem by the younger
members of the bar than Judge Dale, because of his uniform courtesy and kind-
ness. His helpfulness to the young men in the profession was certainly one of
his marked characteristics, and at all times he showed the utmost consideration
for the members of the bar. In his practice he was absolutely fair, never in-
dulged in artifice or concealment, never dealt in indirect methods, but won his
victories, which were many, and suffered his defeats, which were few, in the open
field, face to face with the foe. He treated the court with the studied courtesy
which is its due, and indulged in no malicious criticism because it arrived at a
conclusion, in the decision of a case, different from that which he hoped to hear.
Calm, dignified, self-controlled, free from passion or prejudice and overflowing
with kindness, he gave to his client the service of great talent, unwearied industry
and great learning, but he never forgot there were certain things due to the court,
to his own self-respect, and above all to justice and a righteous administration
of the law, which neither the zeal of an advocate nor the pleasure of success
would permit him to disregard. He was an able, faithful and conscientious
minister in the temple of justice. On the bench his career was above reproach.
What higher tribute can be paid his judicial ability than the approval of a critical
public which demonstrated its trust in him by continuing him in office for two
decades?"

Judge Dale was married in Vandalia, Illinois, on the 24th of May, 1849, to
Margaret M. Ewing, a daughter of General W. L. D. Ewing, auditor of state
and for a time acting governor. They had eight children, of whom Ewing, the
eldest, died in 1873 while practicing medicine in Kansas; and three daughters,
Emma, Annie and Carrie, died in early life. The living sons are James B.,
Charles S., Lee and Samuel. In his home Judge Dale was a devoted and con-
siderate husband and father, a faithful friend and a genial host. He was
especially interested in young people and their welfare, and Hon. A. D. Met-
calfe said of him: "He had a personal interest in every child trying to get an edu-
cation. No young man who has grown up in Edwardsville but feels that he is
indebted to Judge Dale for kindness and the work he has done for the schools.
He was a man of whom the state of Illinois might be proud." He certainly
achieved high distinction and he deserved it. He was eminent as a lawyer and as
a 'member of the convention which framed the organic law of the state. His
spotless and exalted reputation will be long remembered by the profession and the
community, and his memory be held precious by his friends, while that which he
accomplished will live long after his name is dimmed by the mists of years.

Elliott Breese Glass, a practicing attorney of Edwardsville, was born April
16, 1845, and is a son of Cornelius and Elizabeth Jane (Pulse) Glass. The great-



/oo THE BENCH AND BAR OF ILLINOIS.

grandfather, George Glass, was a native of the Emerald Isle, and was of Scotch-
Irish descent. James Glass, the grandfather, was a farmer by occupation, and
emigrating to Illinois in 1817 took up his residence in St. Clair county, where he
died in February, 1863. Cornelius Glass was born in Fleming county, Ken-
tucky, in 1815, and was also a farmer at Millstadt, St. Clair county, Illinois. H;s
death occurred October 29, 1862, and like his father he gave his political support
to the Democracy. His wife was born in Berkeley county, Virginia, March n,
1821, but her people were from Pennsylvania. By her marriage she became the
mother of four children : E. B. ; Alonzo B., deceased ; Dr. Cornelius A., who
joined the Howard Association soon after his graduation at Rush Medical Col-
lege, of Chicago, and was sent to attend the yellow-fever cases in Vicksburg,
dying of that disease at Highland Place, October 13, 1878; and Euphemia, who
lives in Upper Alton, Illinois, with her mother, who is now seventy-seven years
of age.

Mr. Glass of this review was educated in Shurtleff College, of Upper Alton,
and then went to Leavenworth City, where he studied law in the office of Sears &
Taylor for a year. Later he returned to Alton and became a student in the law
office of Hon. Levi Davis, an able attorney, with whom he continued until his
admission to the bar, in June, 1870, successfully passing an examination before
the supreme court. The following year he opened an office in Upper Alton and
in 1872 he was appointed state's attorney to fill a vacancy. In the same year
he was nominated on the Greeley ticket as the candidate for that office and was
elected over W. F. L. Hadley, the Republican candidate. For four years he filled
that position, discharging his duties with marked fidelity and ability. During that
time he removed to Edwardsville, and in 1879 was appointed master in chancery
of the circuit court and was reappointed for four successive terms, covering a
period of ten years in that office. In 1883 he received the Democratic caucus
nomination for secretary of the state senate, but was not elected. He has also
been prominent as a leader in city politics, in 1888 was elected by a large majority
to the position of president of the board of education of Edwardsville; in 1889
was elected mayor and served one term ; and in 1892 was nominated by acclama-
tion in the Democratic convention for the office of state's attorney, to which
position he was elected by a large majority. In the administration of the affairs
of these various positions he has displayed a public-spirited loyalty and devotion
to the general good most commendable. At the bar he indicates his compre-
hensive familiarity with the principles and precedents of law, is forceful and con-
vincing in argument, cogent in reasoning and logical in drawing his conclusions.
He has won many notable cases and his ability insures to him a gratifying
clientage. At the Democratic convention of Madison county, held August i,
1898, he was nominated for county judge by acclamation.

In June, 1874, in Upper Alton, Mr. Glass was united in marriage to Miss
Eudora, a daughter of George R. Stocker, one of the associate judges of the
county court. Her mother bore the maiden name of Margaret Cline and was a
native of North Carolina" while Mr. Stocker claimed Louisville, Kentucky, as the
place of his birth. Mr. and Mrs. Glass have two children, Breese and Gene-



THE BENCH AND BAR OF ILLINOIS. 701

vieve. Our subject is a charter member of the local lodge of the order of
Knights of Pythias, and in social as well as business circles his standing is high.

William P. Early, among the younger members of the Illinois bar who have
gained distinguished preferment, is now capably filling the office of county
judge of Madison county. He was born near New Douglas. Illinois, July 12,
1860, and has passed his entire life in his native county. He spent his boy-
hood on his father's farm and in the public schools acquired his education, fit-
ting him for the practical duties of life. After attaining his majority he engaged
in teaching school for several terms in Madison county, but the profession of
law proved to him a more attractive field and he began preparing for the bar as a
student in the law office of Judge J. G. Irwin, and completed his studies in the
office of Hon. Charles N. Travous, of Edwardsville, in 1887. His close applica-
tion and diligent study enabled him to successfully pass an examination before the
appellate court at Springfield, in 1889. and thus licensed to practice he opened
an office in Edwardsville, where his talent, thorough preparation of cases, de-
votion to his client's interest and laudable ambition have enabled him to make
continued progress toward the front rank of the representatives of the legal
fraternity.

In 1891 he was nominated by the Republicans and elected by an overwhelm-
ing majority to the office of city attorney, and so ably did he conduct the pro-
secutions and conserve the public good that he was re-elected in 1893. The
following year he was his party's nominee for the office of county judge, and
after making a thorough canvass defeated his Democratic opponent, who was
considered the strongest man on their ticket. Resigning his position as city
attorney to enter upon his duties as judge, he has won high commendation by
his fairness and freedom from judicial bias. In 1898 he was again the choice of
his party, was nominated by acclamation, and was re-elected to succeed himself.
He is the youngest man that ever sat upon the bench of the county, but his age is
no impediment to able service. His decisions are clear, concise and yet com-
prehensive and indicate a broad and accurate knowledge of the law. A number
of his cases have been appealed to the supreme court and in every one his
decisions have been affirmed.

On the 17th of November, 1894, Judge Early was united in marriage to
Miss Ritchie B. Ground, daughter of the late Richard B. Ground, to whom two
children have been born, Doris and Dudley G. The gracious hospitality of
their home makes it a favorite resort with their large circle of friends. He has
won the admiration of fellow members of the bar by his wise and considerate
course and he possesses the four indispensable qualities of the able judge to hear
courteously, to answer wisely, to consider soberly, and to give judgment without
partiality.

Charles N. Travous, of Edwardsville, was born of Irish parentage, near
Shiloh, St. Clair county, Illinois, January 26, 1857. Losing his father when very
young, he was early thrown "upon his own resources, and not only provided for
his own maintenance, but also aided his mother to support the other members
of the family. During his boyhood he attended the district schools in the winter



702 THE BENCH AND BAR OF ILLINOIS.

and through the remainder of the year worked on a farm. Later he obtained a
first-grade teacher's certificate in both St. Clair and Madison counties, and en-
gaged in teaching school in the latter county for four years, from 1876 until
1880. During that time, having determined to enter the legal profession, he
devoted his leisure time to the mastery of the principles of jurisprudence, also in
perfecting himself in a knowledge of stenography and the German language, in
both of which he acquired proficiency without the aid. of a teacher. His legal
studies were prosecuted under the direction of Messrs. Gillespie & Happy, one of
the leading law firms of Edwardsville, the county-seat of Madison county. To
those gentlemen he recited on Saturdays, riding horseback a distance of twenty-
four miles to their office. During several terms of the Madison county circuit
court he served as its official stenographer, and in the spring of 1881 was ad-
mitted to the bar by the supreme court of the state, easily ranking first in a class
of sixteen applicants.

In June following Mr. Travous entered into partnership with Cyrus Happy,
the junior member of the firm under whose supervision he had studied. This
partnership continued until 1891, when Mr. Happy removed to the state of
Washington. On the ist of August, of that year, Mr. Travous formed a part-
nership with W. M. Warnock, under the firm name of Travous & Warnock, and
this association is still maintained. The senior member is an excellent example
of what may be accomplished by fidelity and close attention to business. Begin-
ning at the very foot of the ladder, without wealth or influential friends to aid
him, in fact his lot cast among strangers, he has by individual effort achieved a
remarkable success, and enjoys the highest reputation for thorough knowledge
of the law and integrity and ability as an advocate. He represents some of the
largest interests, corporate and individual, in Madison and adjoining counties,
and there are few civil cases of importance in the circuit in which he is not re-
tained.

On the 6th of October, 1886, Mr. Travous was united in marriage to Miss
Gillian L. Torrence, a granddaughter of John T. Lusk, one of the pioneers of
Edwardsville. They now have two daughters, and theirs is one of the ideal
homes of the city in which they reside. In his political views Mr. Travous is a
Republican, and has always taken an active interest in politics, but has never
allowed himself to become a candidate for any office or otherwise permitted
politics to interfere with his professional pursuits.

Charles H. Burton, engaged in the general practice of law in Edwardsville,
has won a fair degree of success in his chosen profession, and is known as a
painstaking, thorough and competent attorney, whose devotion to his clients'
interests is proverbial. His connection with Illinois is not of short duration, for
he is one of the native sons of the state, his birth having occurred in Johnson
county, August 14, 1861. His father, Charles Burton, Sr., was born in Virginia,
on the I4th of July, 1824, and at the age of twenty years came to Illinois. He
married Caroline Russell, who was born in Tennessee, and was a lady of many
excellencies of character. He provided for his family by engaging in the grain
trade, and h'is well directed efforts brought to him a comfortable competence.



THE BENCH AND BAR OF ILLINOIS. 703

His last days were spent in Mount Vernon, Illinois, and during his residence
there he was a member of the board of appeals of the Chicago board of trade.
His death occurred December 21, 1893. For forty years he was a consistent and
exemplary member of the Masonic fraternity and in his religious connection he
was a Baptist. His political support was given the Democracy and in all the
relations of life he was an honest, upright man, true to his convictions and
faithful to the trusts reposed in him. The Burtons came from England, locating
in Virginia. They were among the colonists who loved liberty and imbibed their
democracy from the "fountain head" of America, Thomas Jefferson, and time and
change have not altered their love or faith in the people.

Charles H. Burton, having acquired his elementary education in the public
schools, pursued a course of study in the State Normal University, at Carbon-
dale, Illinois, and on the completion of the regular classical course was gradu-
ated in 1881. His boyhood days were passed in a manner not unusual to most
lads of the period. Hunting, fishing and other sports of childhood afforded him
recreation and amusement when his father did not keep him employed at work
on the farm, and thus he grew to manhood, imbibing those principles in his home
and school life which make the reliable American citizen. Upon his graduation
he immediately began assisting his father in the purchase and sale of grain, con-
tinuing in this line until taken ill, when he went to Wyoming for his health,
spending several months in that state. With a thorough classical education to
serve as a foundation on which to rest the superstructure of professional knowl-
edge, he took up the study of law in the office of Judge Andrew D. Duff, of
Carbondale, Illinois, in December, 1881. In 1884 he was admitted to the bar and
in the courts of his district put to the practical test the knowledge he had gained
concerning the principles of jurisprudence, and the precedents that have grown
out of the litigation of former years. He practiced alone in Mount Vernon from
January, 1885, until 1891, and was then for a few months a member of the law
firm of Conger & Burton Brothers, the partners being Judge C. S. Conger, our
subject and his brother, John W. Burton. On the 2ist of June, 1892, Charles H.
Burton removed to Edwardsville, having previously formed a partnership with
Hon. W. F. L. Hadley, and the firm of Hadley & Burton is one of marked
prestige at the bar of Madison county. They have a liberal clientage and are
both recognized as men of more than ordinary legal ability. Mr. Burton en-
gages in general practice, but taste and patronage have led him more into the lines
of chancery and civil cases than of criminal. He ever guards his clients' inter-
ests as his own and in his practice he is absolutely fair, indulging not in artifice or
concealment, never dealing in indirect methods, but winning his victories or
suffering his defeats in the open field, face to face with his foe.

His legal work in the supreme court began in 1885, when he was retained
as counsel in the case of Warren versus Cook et al., reported in Illinois Reports,
volume 116, page 199, involving the revenue laws. The appellate and supreme
court reports show his connection with various important suits in those branches
of the judiciary, the latest case of special note being that of the Consolidated
Coal Company versus Scheiber, reported in Illinois Reports, volume 167, page



704 THE BENCH AND BAR OF ILLINOIS.

539. This was heard in 1897 and involved the liability of coal operators for in-
juries to employes, this being one of the most important decisions of the supreme
court of Illinois touching the liability of coal-mine owners. Mr. Burton has
also been interested as counsel in some of the litigation heard in the federal
courts at Springfield and Chicago, as shown in the records.

Politically Mr. Burton is a Democrat in principle and practice, is a firm be-
liever in the policy of his party and an admirer of Hon. W. J. Bryan, but has
never been an aspirant for office. Socially he is connected with the Knights of
Pythias fraternity, but of late years has not taken a very active part in the work
of the lodge. Reared in the faith of the Baptist church, he is now liberal in his
religious views, giving to those who differ with him 'the same respect that he
accords to those who agree with him. He believes firmly in honesty in busi-
ness, in religion, in politics, and in every other department in life, and exempli-
fies in his own upright career this trait of his character. With him friendship
is inviolable ; no trust reposed in him is ever betrayed.

On the 15th of October, 1885, Mr. Burton was married in Edwardsville, to
Miss Annie C. Wheeler, a daughter of Colonel William E. and Piety F.
(Hatcher) Wheeler. Mrs. Burton's father is a native of Edwardsville, a repre-
sentative of a New York family, and was a captain in the war of 1812, the Black
Hawk war and the Mexican war. Mrs. Wheeler represented a southern family
of Kentucky and Tennessee. To Mr. and Mrs. Burton have been born four
children: Margaret Eugenia, who was born May 27, 1887; Lady Elizabeth,
born July 6, 1889; Charles William, born August 31, 1891 ; and Julia, who was
born in Edwardsville, in 1892, and died in infancy. The living children were all
born in Mount Vernon. The parents occupy a prominent position in social
circles in Edwardsville, and Mr. Burton is known as a valued and progressive
citizen, as well as a thoroughly reliable man and lawyer.









\^L-^^^t-^



CHAPTER XXXIV.

REPRESENTATIVE LAWYERS OF ST. CLAIR, McLEAN, McDONOUGH,
MASSAC AND CLARK COUNTIES.

COLONEL THOMAS SLOO CASEY, as a lawyer, soldier and statesman,
has left a name ineffaceably engraved on the pages of Illinois history. He
left the impress of his strong individuality and noble character upon the
legislation and jurisprudence of the state, and in the hour of his country's peril he
marched at the head of a loyal Union army that aided in winning more than one
important victory for the nation. It is not an easy task to describe adequately
a man who led an eminently active and busy life and who attained to a position
of high relative distinction in the more important and exacting fields of human
endeavor. But biography finds its most perfect justification, nevertheless, in
the tracing and recording of such a life history. It is, then, with a full apprecia-
tion of all that is demanded, and of the painstaking scrutiny that must be ac-
corded each statement, and yet with a feeling of significant satisfaction, that the
writer essays the task of touching briefly upon the details of such a record as has
been the voice of the character of the honored subject whose life now comes
under review.

Thomas Sloo Casey was born on "Red Bud farm" in Jefferson county, Illi-
nois, April 6, 1832, and was descended from one of the Revolutionary heroes, his
grandfather, Randolph Casey, having served under General Francis Marion in



Online LibraryJohn M. (John McAuley) PalmerThe bench and the bar of Illinois : Historical and reminiscent (Volume v.2) → online text (page 15 of 83)