Biography of Oliver Martin Spencer

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Oliver Martin Spencer,   Born  8/23/1850 Died June 5th, 1924

Judge Spencer nickname "Tom"  comes from  one of those prominent pioneer
families of the west who have left such worthy examples and honorable
names to their posterity. He was born on the old  Spencer homestead in
Crawford Township, Buchanan County, Missouri August 23, 1850. His
father, Obadiah Spencer was a native of North Carolina his mother, Nancy
Williams, a native of Kentucky. His parents came to Missouri in 1837. It
was Judge Spencer's good fortune to see much of life and men when he was
a boy. His father, who was one of the leading citizens of the Platte
Purchase, resided near the line of Platte county in the ~hot-bed" of
Southern sympathizers. "Tom," as he was nicknamed, and his four brothers
were one day in the company of the rebels, commonly called
~bushwhackers," and the next with the Union troops. The boys inclined
toward the cause of the South. But their father determined that his sons
should neither fight to destroy the Union or oppose those with whom he
sympathized, and accordingly sent the older boys across the plains to
Denver with a wagon train of freight. "Tom" being too young, remained at
home to do active field work-that is in the corn field. Too young to
excite the partisan animosity and suspicion of the contending adherents
of North and South, he was still  old enough and shrewd enough to
appreciate the constant danger that menaced his parents, and with the
ubiquity of boyhood he assisted in no small degree in the efforts of his
parents to preserve their lives and property from the ravages of war. An
incident occurred in 1865, that determined the career of young Spencer.
The pedagogue who was teaching his "young ideas how to shoot"  concluded
one day that  his pupil would have to be disciplined on account of a
fight he had engaged in with Zeke Whittington at the Spencer school
house in  Buchanan county. The youngster, however, differed with the
instructor about the necessity for such a proceeding, and  while the
teacher went after the switch with which  to bestow the chastisement.
"Tom"~  tackled Zeke another round or two and then took French leave and
when the teacher returned he had to be satisfied with whipping Zeke. The
next morning his father sent him to Raffington School at St. Joseph
where he remained for a year and made rapid progress in his studies. He
often said he owes is vocation in life to Zeke Whittington whom for many
years he has counted as one of his best friends. After the ending of the
school year, young Spencer returned to his fathers farm and after
another twelve months spent amidst its natural surroundings went again
to St. Joseph, this time to become a student of the high school. This
was 1868, and during the following year he entered the State University
of Columbia Missouri In 1871 he became a student of the Christian
University at Canton, Mo. form which he graduated with one of the honors
of the institution in 1873 .Subsequently he read law at Leavenworth
residing with  his parents who in the meantime had removed to Kickapoo
Kansas six miles north of Leavenworth. To reach the office he was in the
habit of riding to the city each morning on horseback and returning home
in the evening. In 1874 he entered the law school at Harvard. The
following year he opened an office for the practice of his profession at
St. Joseph. He was elected to the office of prosecuting attorney in
1880, and served as such for two years, thereby gaining experience of
incalculable value to him in his after practice  Like nearly every
~Missouri lawyer who has made his mark on his time, Judge Oliver Martin
Spencer (Prosecuting Attorney of Buchanan County when Jesse James was
killed. (detailed story at the end of this article) During this time, he
was senior member of the well-known law firm, Spencer & Hall. of which
Willard  . Hall was junior member. In 1886, the Democrats nominated Mr.
Spencer for judge of the Circuit Court. and his candidacy met with such
favor with the bar, that the opposition party put no candidate in the
field.  His term on the bench was characterized by capability and
impartiality and at the end of his four years he resigned to accept his
present position as general solicitor of the Burlington Railroad System
in Missouri. He was at one time a member of the firm of Spencer, Burnes
& Mosnian. recognized as one of the strongest firms in the State.  In
1875, Judge Spencer was joined in marriage with Lillian tootle a
daughter of Joseph Tootle and niece of the deceased millionaire Milton
Tootle . Mrs Spencer died in 1880 aged 24 years leaving two sons : Harry
Hedddens born July 20,1877: and Edwin M. born July 4, 1879. On March
5th, 1895 the Judge married Katharine turner of Columbia, Missouri. They
had one son Tom and a Daughter Sarah. A friend justly analyzes and
truthfully portrays the public and and private character of Judge
Spencer as follows: When young Spencer left school, he at once engaged
in life's earnest duties He was marked by neither the preciosities nor
the infirmities of genius.  He was a level headed youth and a solid
reasoner.  He selected St. Joseph as his permanent home and at once
entered upon the practice of his profession. He was fortunate in
becoming associated in the law office of ex Govenor Willard Hall. He has
always acknowledged the benefit received in his studies by such
association. The greatness of great character was what mostly impressed
young Spencer as he began life. Their exploits and sufferings, their
potencies of intellect and will, the operation of their influence and
example, were for him the essence of history. As rapidly as the young
attorney became acquainted he acquired popularity with the people.  He
was soon elected prosecuting attorney and in that position displayed
remarkable efficiency and rare common sense. He was an able prosecutor
and not a senseless vindictive persecutor. He won the respect of all
regardless of party affiliation. He was named circuit judge and was
recognized as eminently fit for judicial career. He was elected without
opposition.  On the bench he proved himself a sound and just jurist. He
was not a prejudiced passionate and partisan judge but his course and
action rather exhibited the older and more respectable type--- dignified
and conservative. Off the bench his manners were cordial and democratic
with honest pride and perfect manhood. After four years on the bench
Judge Spencer resigned the position to become general solicitor for the
Burlington Railroad He has continued in service vast benefit to the
corporation especially by making friends for it instead of enemies and
in conducting litigation with such ability and fairness as to be
successful in all important cases. As a lawyer , no man practicing at
the St. Joseph bar is his superior. He has found the form and mode of
expression that best suits hes genius and talent.  In argument the
strength , conciseness and harmony of style are at their height  and
seldom fail to convince. He learned in early youth that  "cunning" is
not wisdom: prevarication is not policy. The essence of urbanity and
force of truth leads to success. Judge Spencer has been engaged in many
cased of great import--a number involving hundreds of thousands of
dollars --- and his success has been remarkable. He seldom  takes a case
into court which he concludes after examination he cannot win and often
succeeds for his client  in making a settlement out of court  to his
advantage generally and also to the satisfaction of the opponent. He
does not admit much scenic or accessory ornament when conducting a case
at the bar, but plainly addresses judge and jury, giving them a
thorough  understanding of all the facts and points at issue. He
analyzes the evidence fairly and never indulges in misrepresentation.
Judge Spencer's gifts, attainments, his originality, his force, his
complete self control are all of the same conspicuous and imposing kind.
All must acknowledge his tact and skill as a lawyer. It is his strength
that he has been all his life a law unto himself, acting in conformity
with the best standards and pursuing no ideals but his own. Outside of
law practice, Judge Spencer is a pillar of Democratic opinion, and a
friend of most of the chief men of the party: but he never abuses a
political opponent and therefore has made a host of friends among
Republicans. He has an energetic and delicate way of doing things. The
inevitable friction of practical politics often generates hate and
destroys friendships. Not so with him. He has a strong hold of both
facts and principles, but never gives utterance to frantic vituperation
at a man who differs from him in political views. All his aims and
actions testify to a stanch and high devotion to the great principles of
freedom and justice, as well as to a just observation of many of the
broad facts of politics and society. He has all the sober and retired
graces of dignified style: all the confident ease of manliness and
strength , with an honest but not abrupt simplicity which appeals to the
reason but is also admitted to the heart. There is a little about him
that encourages challenge, partly due no doubt to his obvious
intrepidity and partly, we may infer, to his habitual exactness on the
part of personal courtesy even in the midst of startling sallies. Judge
Spencer's genial and social disposition is the admiration of all who
knew him.  He has a heart infinitely kind and tender. He has been
generous all his life. From his earliest days he has been the friend of
people in trouble and distress. His generosity is liberally delicate,
never hesitating, In his pride there is no moroseness: in his
independence not a shadow of jealousy. He is loyal and devoted in
friendship.  As an example of his ordinary manner in conversation he is
part playful, part serious and not altogether free from slips of speech,
but always shows a kindly disposition to his friends. But all is
perfectly natural: there is no trick about him: no preaching , no
playing off. All recognize " The genial voice and radiant eye of Judge
Spencer, and besides all have many expressions of affection for his
person and admiration for his character and his powers. ( Jno L.
Bittinger) **