Denver, History of Colorado, BIOS: BAXTER, JOSEPH N. (published 1918) *********************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. *********************************************************************** File contributed for use in USGenWeb Archives by Maggie Stewart-Zimmerman http://www.genrecords.net/emailregistry/vols/00015.html#0003643 January 25, 2000 *********************************************************************** "History of Colorado", edited by Wilbur Fisk Stone, published by The S. J. Clarke Publishing Co. (1918) Vol. II p. 436, 438 photo p. 437 JOSEPH N. BAXTER. For almost forty years Joseph N. Baxter has engaged in law practice in Colorado and stands today as one of the leading representatives of the profession In Denver. His knowledge of law is comprehensive and exact and his devotion to his clients' interests has long since become proverbial. Mr. Baxter was born on the 10th of April, 1856, at sea, while his parents were on a trip from Japan and China to Boston on the bark Z. D. His father, Captain John Baxter, was a Cape Cod sea captain, who engaged in trade with Japan and who passed away in the year 1866. His wife, who bore the maiden name of Eleanor Santord Nickerson, was a native of Massachusetts and a representative of one of its oldest and most honored colonial families. She, too, has passed away. The ancestry in the paternal line is traced back to Thomas Baxter, who in 1679 married Temperance Gorham, a daughter of Captain John and Desire (Howland) Gorham, the latter a daughter of John Howland, of Plymouth, who was one of the passengers on the Mayflower. John Howland married Old Tilly's daughter. The phrase, "slow as Old Tilly," was originated because of him. Sarah Tilly was his wife and their daughter became the wife of John Howland. Thus it is that Joseph N. Baxter of this review can trace his ancestry back to four Mayflower passengers. One of his ancestors. Captain Thomas Baxter, fought in Captain John Gorham's Company in the battle of Narragansett and in the big Swamp Port fight and in recognition of their services they were awarded that part of Maine called Gorham, so named in honor of the Captain. Joseph Sanford, a great-great-grandfather of Joseph N. Baxter, was at the battle of Abraham's Heights and helped to carry Wolfe off the field and heard him say: "I die content." He was also a soldier in the Revolutionary war. In the acquirements of his education Joseph N. Baxter attended the Boston Latin School until 1871 and in the fall of that year entered Harvard College, where he pursued a four years' course, being graduated with the Bachelor of Arts degree in 1875. Having determined to make the practice of law his life work, he then entered the law school of Boston University and won his LL. B. degree in 1876. By the supreme court at Boston in June of that year he was admitted to practice and remained an active member of the profession there for three years. In 1879 he removed westward to Denver and was admitted by the supreme court to practice in the courts of Colorado. For a time he followed his profession as a member of the firm of Bullock, Baxter & Dickson, which was succeeded by the firm of Baxter & Wrigley and later by the firm of Baxter & Fillius. At the present time, however, he practices independently and he has been connected with some of the most important mining cases tried in the state. A notable case with which he was identified is reported in 83 Federal Reports, page 790, and 28 United States Circuit Court of Appeals Reports, page 85. It was the case of Joseph N. Baxter vs. Margaret Billings. The latter made a contract with Mr. Baxter and T. D. W. Youley for services on a contingent fee of one-half of a recovery on a claim against the owners of the Emma mine at Aspen, Colorado. Mr. Youley died in January, 1887, and Mrs. Billings went on with Mr. Baxter as attorney for ten years. He recovered for her over five hundred thousand dollars, of which, according to the terms of the original contract, he should have received one-half. Mr. Baxter, however, could not recover that amount owing to a decision that the death of Mr. Youley ended the written contract, which was for the professional services of both and the death of one ended the contract, although the defendant, Mrs. Billings, went on with Mr. Baxter for attorney. She recovered as much as both attorneys might have recovered had Mr. Youley lived, but the decision was rendered against Mr. Baxter. It has been a matter of comment by the legal profession from Maine to Oregon, many opposing the decision that was rendered. While Mr. Baxter has argued many cases, he has lost but few. No one better knows the necessity for thorough preparation and no one more industriously prepares his cases than does he. His course in the courtroom is characterized by a calmness and dignity that indicates reserve strength. He is always courteous and deferential toward the court, and the officers and lawyers connected with the proceedings. He examines a witness carefully and thoroughly but treats him with a respect which makes the witness grateful for his kindness and forbearance. His handling of a case is always full, comprehensive and accurate. His analysis of the facts is clear and exhaustive; he sees without effort the relation and dependence of the facts and so groups them as to enable him to throw their combined force upon the point they tend to prove. In Salem, Massachusetts, on the 13th of June, 1878, Mr. Baxter was united in marriage to Miss Edith M. Shedd, a daughter of Henry P. Shedd, of Boston, Massachusetts, She is a descendant of Peregrine White, the first white child born after the landing of the Pilgrims from the Mayflower. It was at the house of her great-grandfather, Daniel Shedd, on the site of the postoffice on Milk street in Boston that the Mohawks dressed for the Boston Tea Party. To Mr. and Mrs. Baxter have been born six children: Beatrice, the wife of Louis H. Ruyl, of New York and Hingham, Massachusetts; Harold, who married Helen Alexander, a daughter of Captain J. L. B. Alexander, of Phoenix, Arizona, and who is now a sergeant in the Twenty-third United States Volunteer Regiment of Engineers, engaged in active duty in France; Edith, the wife of J. Jefferson Tyndall, of Birmingham, Alabama; Shirley, who is a registered nurse of the Naval Corps of the United States Navy at Mare Island, California; Alice M., an artist in New York city; and Josephine, a graduate of the Girls' Latin School of Boston and Sargent's School of Cambridge and now engaged in research work in Denver, Colorado. Mr. Baxter's military training covers service as a member of the Governor's Guard of Colorado in 1880 and he was one of the organizers of the Denver City Troop of the National Guard of Colorado in 1897, becoming second lieutenant and acting captain of Troop B. In politics he has always been a stalwart republican and was lieutenant colonel of the Boys in Blue Campaign in 1880 in support of U. S. Grant. It was in the same year that he was elected the first city attorney of Gunnison, Colorado. He was for years secretary of St. Luke's Hospital and was a member of the board of managers for about thirteen years. He drew the will that made this hospital possible. Fraternally he Is well known in connection with the Odd Fellows. He has held all the chairs in Washington Lodge, No. 72, I. O. O. F., which was afterward consolidated with Denver Union Lodge, No. 1. He was also captain of Canton Rogers, No. 13, of the Patriarchs Militant, and he has been venerable consul in the Modern Woodmen camp and holds membership with the Sons of the American Revolution. He is well known in club circles, belonging to the Rocky Mountain Harvard Club, of which he was the organizer, the old Cactus Club, the Denver Athletic Club, and the Denver Whist Club. He is also identified with the Society of Colonial Wars as well as with the Sons of the Revolution, His religious faith is that of the Episcopal church and he has been vestryman and clerk of the vestry of St. John's Church in the Wilderness. He gives his support and cooperation to all plans and measures that tend to promote the welfare and upbuilding of his community, his commonwealth or his country. He is forceful and resourceful in every work which he undertakes and his efforts have ever been tar-reaching and resultant. In the practice of law he has made for himself a prominent position and while he continues in general practice he has always specialized in mining cases and there are few, if any, more thoroughly Informed concerning the principles of jurisprudence that bear upon mining interests. He has conducted many important cases and won many verdicts favorable to his clients. The success which he has won indicates the measure of his professional attainment.