John M. (John McAuley) Palmer.

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ligiously with the First Baptist church, which he is serving as trustee.

Samuel W. Packard. The Chicago bar, with its talent and learning, ac-
cords to Samuel Ware Packard a most prominent and enviable place in its
ranks; but though he is a resident of the western metropolis, his fame is by no
means confined within the boundaries of the city or state, but extends largely
throughout the country. He has attained to heights that the mediocre lawyer
could never reach, and has shown an ability in the handling of the intricate
problems of jurisprudence that results only from the most careful preparation
and the most marked talent. His legal learning is so comprehensive and accu-
rate, and his methods of conducting a suit so original and forceful, that some
of the most notable victories in the judicial history of Illinois are attributable
to him. It is such elements in the professional career of Air. Packard that have
gained him prestige at a bar where are found many of the brightest minds of
the nation, and made him one of the manifestly representative citizens of Chi-
cago.

The Packard family is one of long and honorable identification with the
history of N.ew England, and the name is deeply engraven on the annals of
colonial days and the era of republican government. Samuel Packard, of Wind-
ham, England, was the first of the name to seek a home in the New World. He
became a resident of the town of Hingham, in the Plymouth colony, in 1638,
eighteen years after the landing of the Pilgrims on Plymouth Rock, and among
his descendants was Rev. Theophilus Packard, D. D., a celebrated Congrega-
tional minister, who was one of the founders of Amherst College and for many
years a trustee of Williams College. For half a century he and his son, who
bore the same name, preached to one church in Shelburne, Franklin county,
Massachusetts. The son, Rev. Theophilus Packard, Jr., was.,the father of our
subject. He married Elizabeth Parsons Ware, daughter of Rev. Samuel Ware,
of Ware, Massachusetts, and at their home in Shelburne, Massachusetts, on the
2Qth of November, 1847, tne subject of this review was born.

In early life Chicago's now prominent lawyer came to the city which is his
home, and at the age of sixteen started out for himself. He felt that he must
provide for his own livelihood, and accordingly began the search for employ-
ment, which ended in his taking up the study of law. His old. family physician,
Dr. Newkirk, meeting him one day and discovering that he had come to the city
to launch out for himself, informed the young man that he was intended for the
legal profession and that he would get him a position in the office of his brother-
in-law, Joseph N. Barker, of the firm of Barker & Tuley. By this seemingly
accidental meeting the whole future life of Mr. Packard was determined. The
clerical position in the law office seemed the open door of opportunity to Mr.



THE BENCH AND BAR OF ILLINOIS. 1025

Packard, and he accepted it and entered upon the discharge of his duties with
all the zeal and energy of an ambitious young nature, and soon became deeply
interested in his work. From the spring of 1864 until the fall of 1865 he re-
mained as a student in the office of Barker & Tuley, and when only seventeen
years old began practice in justice courts. One year he spent in the east in the
Shelburne Falls Academy, of his native county, and in Williston Seminary, of
East Hampton, Massachusetts, in a diligent effort to better his general educa-
tion.

Returning to Chicago in 1866 Mr. Packard spent another year in the office
of his former preceptors, Messrs. Barker & Tuley, and on the i6th of August,
1867, when nineteen years of age, was admitted to the bar of the supreme court
of Illinois. The following year he entered into partnership with Colonel J. S.
Cooper, and the connection was continued for ten years, during a portion of
which time Judge Gwynne Garnett and W. W. Gurley were members of the
firm.

Mr. Packard's rise to prominence was rapid. At the age of twenty-six, in
1874, he argued his first case in the United States supreme court. From 1877
until 1882, as attorney for the creditors of the Chicago & Illinois River Railroad
Company, he carried a very complicated litigation to a successful issue, obtain-
ing a hundred thousand dollars for clients, who, during the preliminary stages of
the litigation, had vainly attempted to effect a compromise for ten thousand dol-
lars. The Yankton county (Dakota) bond case has become famous, not only in
the legal but also in the civil and political history of the west. Any one man
who, for a considerable time, could prevent the recognition of one of our great
territories as a state, and that, too, not for political but for business reasons,
would surely deserve some praise for his astuteness, pertinacity and power to
make all means work to an end desired. That is precisely what Mr. Packard did,
a little more than a decade ago, in the case of southern Dakota, and in effecting
such delay he not only secured three hundred thousand dollars to his clients, but
also changed the complexion of the territorial legislature and the whole policy of
the territorial government; and it is to be noted that, while these radical changes
served the purpose of Mr. Packard and his clients, their influence was for the
honor and credit of the territory. Yankton county had been bonded for two
hundred thousand dollars, and after the sale of the bonds the supreme court of
the territory had declared them invalid. Mr. Packard took the case to the
United States supreme court, and there, with Hon. Matt. H. Carpenter as oppos-
ing counsel, obtained a reversal of this decision. After this he found his way
obstructed by certain acts of the territorial legislature, which prevented him
from enforcing payment of the judgments for principal and interest. Shortly
afterward, in 1882, a strong effort was made by the Republican party, then in
control of both houses of congress, to procure the admission of southern Da-
kota as a state, and large delegations from Dakota visited Washington to urge
the immediate passage of the pending bill for admission. Mr. Packard recog-
nized his opportunity and was prompt to avail himself of its advantages. He
prepared a protest, which was presented to congress against the admission of

6s



1026 THE BENCH AND BAR OF ILLINOIS

the territory on the grounds that its legislature aided and abetted Yankton
county in its action of repudiation, and until it purged its records of this disgrace
he argued that it ought not to be admitted to the sisterhood of states. By circu-
lars and pamphlets which he scattered profusely throughout all parts of the
Union, he created so strong a sentiment in favor of this claim that it was found
impossible to obtain a vote for the admission of southern Dakota while the ter-
ritory encouraged repudiation and dishonor. Upon the adjournment of con-
gress the delegate of the territory informed his constituents that the Dakota
admission bill could not be passed until the Yankton bond matter was settled,
and settled honorably. He also advised the election of a legislature favorable to
the payment of the debt. This advice was followed, and in the spring of 1883
a refunding act was passed through the operation of which the matter was ad-
justed to the satisfaction of the bond-holders. It was not until some years later
that the territory assumed the dignity of statehood.

Mr. Packard is noted for the thoroughness with which he prepares his cases.
He is unwilling to go into court in a litigation unless he can go thoroughly pre-
pared for whatever turn the case may take. This no doubt has been one of the
important factors in the remarkable success he has had. He is felicitous and
clear in argument, thoroughly in earnest, full of the vigor of conviction, never
abusive of adversaries, imbued with highest courtesy, and yet a foe worthy of the
steel of the most able opponent.

Mr. Packard is ever an advocate of reform and progressive measures, and
lends his support and co-operation to every movement for' the public good. He
is a strong temperance man and as such opposes saloon domination, and in
every way exerts himself to hasten an era of advanced temperance sentiment
which will reduce the rum traffic to a minimum by the rule of reason and so-
briety among the people.

Mr. Packard was married June 23. 1874, to Miss Clara A. Fish, of Lombard.
Illinois, and has five children: Stella, Laura, Walter. Esther and John Cooper.

Ill health occasioned Mr. Packard's practical retirement from the bar, for
some years prior to 1897, but in that year, his health having been fully restored,
he entered again upon the discharge of his professional duties, and is now de-
voting his whole time to his practice. He resides at Onk Park, where he is
closely identified with the religious life and activities of that delightful suburb.

Paul Brown, whose history is one of close connection with that of Illinois,
where his entire life has been passed, was born in McHenry county, a son of Dr.
Henry T. and Almira M. Brown, the former a native of New York and the lat-
ter of Vermont. In an early day the father came to the west and was one of
the pioneer physicians of McHenry county. To the public and high schools of
his native county, Paul Brown is indebted for the educational privileges which
he received. His law course was pursued in the office of Hoyne, Horton &
Hoyne, then one of the most prominent law firms of Chicago, and in the spring
of ^1855 he was admitted to the bar. A high compliment was paid him in his ap-
pointment, soon 'afterward, to the position of master in chancery of the circuit
court of Cook county ; for it is seldom that one so young is named for the office.



THE BENCH AND BAR OF ILLINOIS. 1027

Three times he was reappointed, a fact which stands in unmistakable evidence
of his ability and fidelity in the discharge of his duties. In the fall of 1893, after
eight years of service, he was forced to resign in order to meet the demands of a
very large and important private practice.

In the meantime, in 1889, Mr. Brown had become a partner of Clarence A.
Knight, under the firm name of Knight & Brown, a connection which has
since been maintained. They enjoy an ever increasing patronage and an ever-
growing popularity, and their business has gradually drifted into the very im-
portant branches of corporation and real-estate law. They are the general solic-
itors for some of the most extensive steam and street railway corporations in
the west, and the high percentage of cases which they win is truly remarkable.

The Chicago Law Journal has said of Mr. Brown: "He is a man of plain
manners with fixed convictions, sterling integrity and a firm purpose to do the
right. He possesses a well balanced judgment, keen sense of honor and a mind
of strong concentration. As a lawyer he is distinguished for thoroughness in
detail and careful attention in the preparation of his pleadings, his plain pres-
entation and logical arrangement of the issues involved, his terse and telling ar-
gument, and withal his knowledge of the law, supplemented by an ingenuous-
ness in stating its principles that inspires confidence. He is a close student of
the law, and studies each case as though he never had one similar to it, but ex-
pected to have many more involving the same questions."

In 1888 was celebrated the marriage of Mr. Brown and Miss Grace A,
Owen, daughter of O. W. Owen, of McHenry county. They have two sons
and a daughter, Paul Donald, Grace Dorothy and Clarence Raymond. Mr.
Brown is a valued member of the Masonic fraternity and various other benevo-
lent organizations, and to the Union League Club and Chicago Athletic Asso-
ciation. Though somewhat quiet and reserved in manner he is nevertheless a
favorite among a large circle of friends, and his acquaintance in Chicago is very
extensive.

Hope Reed Cody, prominent at the bar and as a leader in political circles
in Chicago, has gained prestige equaled by few men of his years. He is a mem-
ber of the well known firm of Hiram H. Cody & Sons, and his eminent ability
has won him distinction among those who have long been practitioners at the
bar. He was born in' Naperville, Illinois, on the I4th of April, 1870, and is a
son of Hon. Hiram H. and P. E. (Sedgwick) Cody. The father served as a
member of the constitutional convention of Illinois in 1870, and for many years
was judge of the twelfth judicial circuit of the state.

Hope Reed Cody began his education in the public schools of his native
town, and later matriculated in the Northwestern University, of Evanston, in
which institution he was graduated in 1888, being the youngest student who had
at that time ever completed the course in that college. He was also president
of his class. For a brief period after his graduation he was upon the reportorial
staff of the Chicago Times, and subsequently entered the Union College of
Law, in which he was graduated in 1890, but another year passed before he was
of legal age and could receive his license to practice law at the bar of Illinois.



1028 THE BENCH AND BAR OF ILLINOIS.

Since 1891 he has been an active member of the firm of Hiram H. Cody & Sons,
and in his practice has fully sustained the reputation that is attached to the
family name, which figures conspicuously on the pages of the judicial history
of Illinois. His knowledge of law is accurate and comprehensive, and his thor-
ough investigation of all the points of a case and the law applicable thereto has
been a very potent element in the gratifying success which has crowned his
efforts.

Mr. Cody is likewise prominent and honored in other walks of life. In 1897
he was regent of Garden City Council, No. 202, Royal Arcanum, the largest
council in the west, having over thirteen hundred members, and in the history of
the organization, covering a period of seventeen years, is the only person who
has ever been honored by re-election. He is also identified with the Masonic
fraternity, the National Union, the Knights of Pythias, the Royal League, and
is one of the prominent members of the Phi Delta Phi fraternity.

In politics he is a Republican. He was reared in the Democratic faith, but
through careful study of political questions he became convinced that Republi-
can principles embodied the best forms of government, and in consequence allied
himself with that party. In March, 1898, he was elected president of the Ham-
ilton Club, one of the soundest Republican institutions in the country. He is
also a valued member of the Chicago Athletic Association, the Marquette and
the Law Clubs.

In 1893 he was united in marriage to Miss Alta Virginia Houston, of Cin-
cinnati, and they have one child, Arthur Houston. In social circles they oc-
cupy a very prominent position, and Mr. Cody's prominence as a young lawyer
and Republican leader is only equaled by the esteem in which he is held by rea-
son of his genial temperament and uniformly courteous manner.

Stephen A. Douglas was born in Rockingham county, North Carolina,
November 3, 1850. He received his education at Georgetown College, District
of Columbia, and after leaving college he studied law in the office of Richmond
M. Pearson, chief justice of the North Carolina supreme court. Chief Justice
Pearson at the time of his death had been on the bench thirty-two years, and it
is recorded as a remarkable fact that all of his associates on the bench have been
his students. Mr. Douglas was the last of Judge Pearson's students. Richmond
Pearson Hobson, of Merrimac fame, is a grandson of Judge Pearson. Prior to
the time of his father's death, which occurred June 3, 1861, Mr. Douglas lived in
Chicago; subsequently he lived in Washington. He went south in 1869 to close
his mother's estate. He was appointed adjutant general of North Carolina in
1870, during the troublesome times of the Ku-Klux organization, which was
widespread and powerful throughout the southern states. He was admitted to
the bar in North Carolina in 1878.

In March, 1879, he came back to Chicago to practice law, and became mas-
ter in chancery of the county court in 1881. It was he who at this time raised
the question of. constitutionality of the mastership, which created a sensation
in legal circles. He made up the case, which was taken to the supreme court,
which decided that his office, and also that of the probate court, was unconsti-



THE BENCH AND BAR OF ILLINOIS. 1029

tutional, being special legislation. A rehearing was had on the office of probate
court, but none was asked on his.

He has continued in the practice of law as much as his health would permit,
his practice having been practically broken up five times in the last twenty years
on this account. Since the last two years, however, he has been growing much
better and his friends confidently count on a robust future. Under Mr. Wash-
burne's city administration Mr. Douglas held the office of prosecuting attorney.
In this election canvass the American Protective Association organization was
then at the height of its power and very actively engaged in defeating Hemp-
stead Washburne. At the close of the canvass they tried to prejudice the elec-
tors by underhandedly attacking him because his wife was a Catholic. Saturday-
night before election Mr. Douglas made a memorable speech in Battery D, re-
ferring to this shameful attack in a ringing speech on religious liberty, which
brought the vast audience, cheering and wild with enthusiasm, to its feet. This
speech, which brought back forcibly to the minds of the old residents the power
and the eloquence of his father, won the day on election for Mr. Washburne.
Mr. Douglas was a Republican till 1898, though in 1896 he advocated bi-metal-
lism. In 1898 he went to the Democratic party on the question of trusts and
expansion.

Elmer E. Barrett, secretary of the Chicago College of Law, was born in
Kalamazoo, Michigan, June 2, 1863, and is the son of James Henry and Sarah
(Hopkins) Barrett. Of Irish descent on his father's side and of Welsh ancestry
through his mother, he comes of a race of fighters who were conspicuous not
only in the late war between the north and south, but also of that of 1812 and
in the struggle for independence.

Mr. Barrett was admitted to the bar of this state in 1889 and entered at once
upon the active practice of his profession in Chicago. He soon demonstrated his
ability in his chosen work and within a short time had established a practice of
considerable magnitude. He is a member of the firm of Shope, Mathis, Barrett
& Rogers, which is comprised of Hon. Simeon P. Shope, justice of the su-
preme court of the state of Illinois; Mr. John C. Mathis, Mr. Barrett and Mr.
R. M. Rogers.

Mr. Barrett has always manifested an interest in educational matters. He
was one of the founders of the Chicago College of Law, the law department of
Lake Forest University, and has been one of its chief executive officers since its
organization. This institution is one of the four largest law schools in America.
The late Hon. Joseph M. Bailey was its first dean, which position he held until
his death. Hon. Thomas A. Moran is its present dean. His reputation as an
instructor is second only to his national reputation as a lawyer. The curricu-
lum of this institution is broad and thorough ; it has adopted no one method,
but has taken the most useful features of all the systems and made them its
own. It aims to teach the fundamental principles of the law which gives logical
shape to our system of jurisprudence, to teach how laws are enacted, how to
extract ruling principles from adjudicated cases and how to apply them. The
course, therefore, embodies the study of standard legal treatises and ruling



1030 THE BENCH AND BAR OF ILLINOIS.

cases, and the drafting of legal instruments. Lectures are also given on differ-
ent branches of the law by members of the faculty and special lecturers. It was
the first to set the pace in the west for advancing the requirements, by requir-
ing, in 1890, three years' study instead of two years' study for the degree of
Bachelor of Laws.

Mr. Barrett is also president of the Law Journal Print, publishers of the
Chicago Law Journal, one of the best known legal publications in the country.
He is a member of the Union League, Chicago Athletic, Marquette and Press
Clubs, and also a governing member of the Art Institute of Chicago.

He was married, in 1883, to Miss Helen Marie Walters. His home is in
Western Springs, a suburb of Chicago.

James McCartney, a prominent figure at the Chicago bar and at one time
attorney general of Illinois, is numbered among the distinguished Ameri-
can citizens that the Emerald Isle has furnished to the New World. He was
born near Enniskillen, Ireland, February 14, 1835, and is a son of Irvine and
Margaret (Fiffe) McCartney, who brought their family to America when our
subject was two years old, locating in Trumbull county, Ohio. In 1857 the
family came to Illinois, settling in Warren county, where the father still makes
his home, the mother having died in that county in 1896.

Mr. McCartney of this review was educated in the common schools of
Ohio and in the Western Reserve Seminary, of Farmington, that state. He
began the study of law in the office of Judge Mathew Birchard, of Warren,
Ohio, and completed his preparation for the bar in the office of the firm of Hard-
ing & Reed, of Monmouth, Illinois. He was admitted to the bar January 28,
1858, since which time he has been engaged in the active practice of law with
the exception of the period spent in the service of his country during the civil
war.

Hardly had the echoes from Fort Sumter's guns ceased when he offered
his services to the government and joined the "boys in blue" of Company D,
Seventeenth Illinois Infantry, April 19, 1861. He served until April, 1862, and
won the rank of first lieutenant, but was forced to resign his commission on
account of physical disability. As soon as he had sufficiently recovered his
health he re-enlisted, becoming a member of the One Hundred and Twelfth Illi-
nois Infantry, in August, 1862. He was made captain of Company G, and con-
tinued in command until finally discharged at the close of the war, in July, 1865.
He valiantly defended the Union cause on many a southern battle-field, and his
military record is one of which he may be justly proud.

On his return to the north Captain McCartney located in Fairfield, Illinois,
where he engaged in the practice of law with excellent success until called
again into public service as attorney general of Illinois. From the beginning,
his professional career is one which has attracted the attention of members of
the profession by reason of his pronounced ability and skillful handling of many
intricate problems of jurisprudence. His fitness to handle the litigated interests
of the state led to his selection for the office to which he was elected in 1880,
and in which he rendered efficient service to the commonwealth during a four-



THE BENCH AND BAR OF ILLINOIS. 1031

years term. On his retirement in 1885 he went to Hutchinson, Kansas, where
he practiced law until 1891, since which time he has been a member of the
Chicago bar. The importance of the legal business entrusted to his care indi-
cates the confidence reposed in his ability by the public, and many of the leading
members of the bar would much rather see him as an associate than an oppo-
nent in the trial of a suit, owing to his masterful handling of the questions at
issue. His practice has always been general and his knowledge of law in its
various departments is comprehensive and accurate. He is now attorney for
the Lincoln park board of commissioners, and has an extensive clientage among
business firms and private, individuals.

Socially Mr. McCartney is connected with the Hamilton and Lincoln Clubs,
and George H. Thomas Post, No. 5, Grand Army of the Republic. In politics
fie has always been a Republican and is a recognized leader in the ranks of the
grand old party in Illinois. A man of distinguished ability, of strong intellec-
tual endowments, of desirable acquirements, of pleasant manner, kindly dis-
position and honorable purpose, James McCartney ranks among those whom
the state delights to honor, and who honors the state to which he belongs.

George Everett Adams, lawyer and statesman, and a leading citizen of
Chicago, is numbered among the native sons of the old Granite state, his birth
having occurred in Keene, New Hampshire, June 18, 1840. In the early col-
onial epoch of American history the family was founded in America by William



Online LibraryJohn M. (John McAuley) PalmerThe bench and the bar of Illinois : Historical and reminiscent (Volume v.2) → online text (page 58 of 83)