Knox County TN Archives History - Books .....The Bench And Bar - Chapter XVIII 1900
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Book Title: Standard History Of Knoxville

CHAPTER XVIII.

THE BENCH AND BAR.



THE COURT OF THE WATAUGA ASSOCIATION.



First Court in Tennessee—First Court in Knoxville, 1792—The Courts of Knox

County and Judges who Held Them—Courts of Chancery— Clerks of the

Courts—Sketches of Members of the Knoxville Bar in the Past Hundred Years.



THE first ever held in Tennessee consisted of five members: John Sevier, John

Carter, Zach Isbell, Charles Robertson and James Robertson. It continued to

exercise authority from 1772 until 1777, in April of which year the general

assembly of North Carolina established courts of pleas and quarter sessions, and

passed laws for the appointing and commissioning of justices of the peace and

sheriffs for the several courts, in the district of Washington, as the Watauga

county was then called. In 1777 the district of Washington was organized into a

county. The courts of pleas and quarter sessions had original jurisdiction in

all cases when the debt exceeded £5, in all misdemeanors of an inferior nature,

etc., and appellate jurisdiction in all cases tried before a-jingle justice. The

court was composed of all the magistrates within its jurisdiction, but any three

of them were authorized to transact the business of the court. The first court

of this kind in Washington county, then a part of Salisbury district, met in

February, 1778. In 1782 the district of Salisbury was divided and the district

of Morgan, including Washington and Sullivan counties, established, its first

court session being held in August of the latter year, and the Hon. Spence McCay

presiding. This court, however, failed to accomplish the purpose for which it

was created, and soon afterward the general assembly of North Carolina organized

the counties of Washington, Sullivan, Davidson and Greene into a judicial

district, and appointed an assistant judge and an attorney general for the

superior court. This court was directed to be held at Jonesboro.



  In May, 1788, courts were held under the authority of North Carolina in

Greeneville, and the following lawyers admitted to practice: Andrew Jackson,

John McNairy, David Allison, Archibald Roane and Joseph Hamilton. In 1792 the

governor of the territory removed the seat of his government to White's Fort,

now Knoxville, and the first session of the court of pleas and quarter sessions

for Knox county was held here July 16, of that year, James White being the

chairman, and there being four other justices. The following-named lawyers were

admitted to practice: Luke (Lew?) Bowyer, Alexander Outlaw, Joseph Hamilton.

Archibald Roane, Hopkins Lacy, John Rhea and James Reese.



  When the territory south of the Ohio river was organized, the courts were

permitted to remain practically as they had been, while this country was

governed by North Carolina, and the two judges of the superior court—David

Campbell and John McNairy—were reappointed by the President, and Joseph Anderson

was added as the third judge. Judge McNairy, however, does not appear to have

taken any active part in administrative affairs, as authorized by the act of

congress creating the territory. These three judges held their offices until the

state was admitted into the Union, in 1796.



  Among the remarkable facts connected with the first constitution of Tennessee

one was that it established no courts, leaving that duty to the legislature: and

the first general assembly of the state, which assembled at Knoxville March 28,

1796, established a superior court of law and equity and courts of pleas and

quarter sessions, defining their jurisdiction and modes of procedure, which did

not materially differ from those of the courts previously existing- under the

authority of North Carolina and the territory.



  Congress passed an act January 31, 1797, making the state a judicial district.

Under the act of April, 1796, establishing the superior court, John McNairy,

Archibald Roane, and Willie Blount were elected judges. Blount declined to

serve, and in his stead W. C. C. Claiborne was appointed September 2, 1796.

McNairy resigned to accept the federal judgeship, and to succeed him Howell

Tatum was appointed in May, 1797. McNairy served as district judge until 1834,

and was succeeded by Morgan W. Brown, who served until 1853, being then

succeeded by West H. Humphreys. In 1861 Judge Humphreys accepted the office of

confederate states judge for Tennessee, was impeached by the house of

Representatives at Washington, and was convicted and deposed by the senate.

Connolly F. Trigg was appointed by President Lincoln, in July, 1862, serving

until his death in 1880, and being succeeded by D. M. Key, appointed in August

of that year by the President and holding the position until his retirement

January 26, 1894. His successor was Charles D. Clark, the present judge.



  November 16, 1809, an act was passed abolishing the superior court, and

establishing circuit courts, and a supreme court of errors and appeals. The

judges of the superior court were as follows: David Campbell, 1797 to 1807;

Andrew Jackson, 1798 to 1804; Samuel Powell, 1807 to 1809; John Overton, 1804 to

1809: Parry W. Humphreys, 1807 to 1809; Hugh L. White, 1801 to 1807; Thomas

Emmerson, 1807 to 1809.



  The act of November 16, 1809, mentioned above, as establishing circuit courts,

established five circuit courts for the state, each court to consist of one

judge, and to be held twice annually in each county. The circuit court was given

the same jurisdiction in all matters of common law and equity as previously

belonged to the superior court; it had exclusive jurisdiction in criminal cases,

and appellate jurisdiction in case from the court of pleas and quarter sessions.

The judge and solicitor-general were elected by a joint vote of the general

assembly. The second circuit was composed of the following counties: Anderson.

Bledsoe, Blount, Cocke, Jefferson, Knox, Rhea, Roane and Sevier.



  The supreme court of errors and appeals under this act consisted of two judges

in error and one circuit judge, and was to be held annually at Jonesboro,

Knoxville, Carthage, Nashville and Clarksville. This court had only appellate

jurisdiction. The judges of this court were Hugh L. White, 1809 to 1815; George

W. Campbell, 1809 to 1811; John Overton, 1811 to 1816; W. W. Cooke, October 19,

1815 to 1816, and Archibald Roane, 1815 to 1818. In 1815 the number of judges of

the supreme court was increased to three, Archibald Roane being appointed as the

third judge. In 1823 a fourth judge was added, and in 1824 a fifth. Shortly

afterward, however, the number was reduced to four, as it remained until 1834,

when a new constitution was adopted. Under this constitution there was

established a supreme court, of which William B. Turley, William B. Reese and

Nathan Greene were elected judges. Judge Reese resigned in 1848, Judge Turley in

1850 and Judge Greene in 1852. Their places were severally filled by the

election of Robert J. McKinney, A. W. O. Totten and Robert L. Caruthers, all

three of whom were elected again in 1853. Judge Totten, who resigned in 1855,

was succeeded by William R. Harris, who, upon his death in 1858, was succeeded

by Archibald Wright. Upon the resignation of Judge Caruthers in 1861, William F.

Cooper was elected to the vacancy thus caused. During the Civil war no term of

this court was held, and when the war ceased Governor Brownlow declared the

supreme bench, appointing thereto Samuel Milligan, J. O. Shackleford, and Alvin

Hawkins. Judge Shackleford resigned in 1867. Horace H. Harrison holding the

office about a year, when Judge Shackleford was reappointed. In 1868 Milligan

and Hawkins resigned, their places being filled by the appointment of Henry G.

Smith and George Andrews. In May, 1869, George Andrews, Andrew McLain and Alvin

Hawkins were elected judges of this court, serving until the new constitution of

1870 went into effect.



  Because of the suspension of this court during the four years of the Civil war

and the large accumulation of litigation growing out of the war, the dockets of

the supreme court were much crowded when the constitutional convention met in

1870. It was therefore ordered that temporarily there should be six judges of

the supreme court, two from each grand division of the state; but that after the

first vacancy occurring after January 1, 1873, the court should consist of five

members only. The members of the court elected in 1870 were: From East

Tennessee, Thomas A. R. Nelson and James W. Deaderick; from Middle Tennessee, A.

O. P. Nicholson and Peter Turney, and from West Tennessee, John L. T. Sneed and

Thomas J. Freeman. Judge Nelson resigned December 5, 1871, and was succeeded by

Robert McFarland. Judge Nicholson, who was chief justice from the establishment

of the court, died March 23, 1876, and was succeeded by James W. Deaderick. In

1878 all the members of the court were re-elected except Judge Sneed, who was

succeeded by William F. Cooper, and four of these judges served the full term.

Judge Deaderick being chief justice. Judge McFarland died in October, 1884, and

was succeeded by J. B. Cooke, by appointment.



  In 1886 the following court was chosen: Peter Turney and W. C. Caldwell for

the state at large; D. L. Snodgrass for East Tennessee; Horace H. Lurton for

Middle Tennessee, and W. C. Folkes for West Tennessee. Judge Folkes died in

1890, and was succeeded by W. D. Beard of Memphis, who served until the August

election of that year, when B. J. Lea was elected. Upon the death of Chief

Justice Lea, in 1894, Judge Snodgrass became chief justice, the former chief

justices having been Judge Turney and Judge Lurton. In January, 1893, Judge

Turney having been elected governor, his place on the bench was filled by the

appointment of John S. Wilkes, and when Judge Lurton accepted the United States

circuit judgeship his place was filled by the appointment of W. K. McAlister,

April 1, 1893. Upon the death of Judge Lea in 1894, the vacancy thus caused was

filled by the appointment of A. D. Bright.



  In 1894 the following gentlemen were elected to the bench of the supreme

bench: For East Tennessee, D. L. Snodgrass, who was re-elected chief justice;

for Middle Tennessee, John S. Wilkes; for West Tennessee, W. D. Beard, and for

the state at large, W. C. Caldwell and W. E. McAlister.



  It was soon discovered that even the enlarged supreme court could not dispose

of the cases in arrears on the docket, and in 1873 temporary courts with limited

powers were created to assist in the work, the first of these courts being the

arbitration court of Middle Tennessee, which expired by limitation September 1,

1873. In 1875 and in 1877 the experiment was tried again, in the latter year

being extended to West Tennessee. In 1879 a similar court was created for East

Tennessee, its members being Henry H. Ingersoll, J. B. Cooke and William V.

Deaderick.



  In 1883 there were created courts of referees, composed of three members from

each grand division of the state, appointed by the judges of the supreme court.

These courts were authorized and instructed to report on the facts and the law

of each case, except revenue cases filed in the supreme court for their

respective divisions before January 1, 1885. The members of the court for East

Tennessee were John Frizell, John L. T. Sneed and S. J. Kirkpatrick. The reports

of the referees were final unless excepted to in writing with assignments of

error within fifteen days after they were filed.



  During recent years the appealed cases have steadily grown in number, those of

the East Tennessee docket having increased from an average of about two hundred

to more than five hundred. The labors of the supreme court, therefore, are

constant and incessant, and for this reason it became necessary in 1895 to

devise additional means of clearing the dockets.



  The court of chancery appeals was therefore created, composed of three

members, one from each grand division of the state. This court hears chancery

cases such as may be assigned to it by the supreme court, but cannot determine

causes affecting state revenue. It has only appellate jurisdiction. Upon all

questions of fact its findings are conclusive, but on questions of law an appeal

in the nature of a writ of error to the supreme court may be taken within ten

days after decree. By every one this court is considered the most satisfactory

experiment yet made to relieve the supreme court. In 1895 R. M. Barton, Jr., was

appointed from East Tennessee, and was elected in 1896.



  The circuit court, as stated elsewhere in this chapter, dates back to 1793, on

March 13 of which year Governor Blount established the district of Hamilton,

including Jefferson and Knox counties, in which district a superior court of law

and equity was held at Knoxville twice each year, beginning on the second Monday

of April and October. To trace the succession of judges that have held the

circuit court with anything like accuracy would be a very difficult matter,

hence it is attempted only to present a tolerably complete and accurate list of

the judges that have held court in this district, which was denominated the

third judicial circuit at least from 1853 down to 1870, when the criminal court

was established. The first judges that held court were John McNairy, David

Campbell and Joseph Anderson, and succeeding them have been Edward Scott, who

was judge from as early as 1818 and down to 1847; Samuel Powell, from 1823 to

1838; Charles F. Keith, from 1826 to 1850; Robert M. Anderson, 1840 to 1850; S.

J. W. Lucky, 1845 to 1847; E. Alexander, 1845 to 1856: William C. Dunlap, 1846;

William G. Swan, 1857; Thomas C. Lyon, 1858; George Brown, 1859 to 1863; E. T.

Hall, 1865 to 1878; S. A. Rodgers, 1878 till Knox county was made a separate

circuit.



  In 1885 the judge of the criminal court was authorized by law to hold the

circuit court, and as Judge S. T. Logan was then judge of the criminal court he

also held the circuit court from 1886 to 1891, but in 1891 the two courts were

again separated and Joseph W. Sneed was appointed judge of the criminal court,

presiding in this court until he became judge of the circuit court in 1894,

succeeding Judge Logan, Judge Sneed's term expiring in 1902.



  The clerks of the circuit court have been in part as follows, the records in

the early part of the century not giving the names of all the clerks: I.

Hamilton, in 1793, and how long is not shown by his record. George M. White was

clerk at least from 1838 to 1847 and possibly to 1853, when M. L. Hall was

clerk, serving until he resigned April 11, 1864; S. H. Smith, 1864-66; W. R.

McBath, 1866-70; E. W. Adkins, 1870-82; William B. Ford, 1882-98, and R. A.

Brown, 1898-1902.



  The chancery court, first established in what is now Tennessee by an act of

the legislature of North Carolina in 1784, was a general law and equity court

combined. In 1787 this court was divided and the chancery branch called the

court of equity, a clerk and master being appointed for each equity court, but

both courts being held by the same judge.



  The North Carolina session act of 1790 provided that the laws of North

Carolina should remain in force in the territory until changed by the

territorial legislature, and the first act of this legislature 1794, chapter 2,

section 1, continued the superior court as established by North Carolina, and

the same act confirmed the division of the territory south of the River Ohio,

into Washington, Hamilton and Mero districts, and conferred upon each district a

superior court of law and equity. Knox county was in Hamilton district. The

state of Tennessee adopted the same system in April, 1876.



  By an act of the legislature passed in 1809 these superior courts were

abolished, and a superior court and five circuit courts were established, the

circuit courts being invested with all the original equity jurisdiction of the

superior courts. In 1811 this equity jurisdiction was taken away from the

circuit courts and conferred upon the supreme court. In 1813 the circuit courts

were given concurrent jurisdiction with the supreme court in equity cases, and

in 1822 an act was passed to amend the judiciary system of the state, by which

it was provided that there should be held by one of the supreme court judges a

court of equity in each of the places in which the supreme court was then held

in each circuit, said courts to be confined entirely to matters of equity. Under

this act the chancery court was held once a year in Rogersville, Knoxville,

Chattanooga, Sparta, Nashville and Columbia, sitting two weeks at each place

except at Nashville, where it sat six weeks.



  In 1824 it was enacted that the chancery court should sit twice a year in each

circuit, and finally in 1827 it was enacted that two chancellors should be

elected, the state being divided into two chancery divisions, with one

chancellor for each, having jurisdiction over the entire state, and the right to

interchange.



  The first legislature under the constitution of 1834 increased the chancellors

to three, since which time the number has been enlarged at the will of the

legislature. The first chancellor under the act of 1827 was Nathan Green, who

was chancellor of the Eastern district from 1827 to 1831, the second chancellor

for this district being William B. Reese, who served from 1831 to 1836. The

first record found in the office of the clerk and master of Knox county is of a

court held at the court house on Monday, April 16, 1832. for the chancery

division, composed of Sevier, Knox, Anderson, and Campbell counties, by W. B.

Reese. W. B. A. Ramsey was appointed clerk and master. The next record is dated

October 15, 1832, on which day R. H. Hynds, William Swan, Jacob F. Foute, S. R.

Rodgers and E. Alexander were admitted to practice.



  On April 11, 1839, the court was presided over by Judge Thomas L. Williams,

for the sixth chancery district of the Eastern division of Tennessee, and W. B.

A. Ramsey was re-appointed clerk and master. Chancellor Williams served from

1836 to 1854, when he was succeeded by S. J. W. Lucky, who held the office until

1865, in which year S. R. Rodgers was appointed and served one year. He was

succeeded in 1866 by Oliver P. Temple, who served until 1878, in which year W.

B. Staley was elected and served until 1886. Henry R. Gibson was then elected

and served until 1894, when the present incumbent, H. B. Lindsay, was elected,

his term expiring in 1902. Judge Lindsay's chancery division was abolished by

the legislature in 1899.



  The clerk and masters of this court have been as follows: W. B. A. Ramsey,

April 16, 1832 to 1848; Hu. L. McClung, appointed January 29, 1848; Samuel A.

White, appointed October 7, 1857; David A. Deaderick, appointed January 18,

1859; M. L. Patterson, appointed October 3, 1870; S. P. Evans, appointed

November 10, 1882; W. L. Trent, appointed November 10, 1888; John W. Conner,

appointed November 10, 1894, and J. F. Chumbley, appointed December 31, 1898.



  The criminal court for Knox county was established by an act of the

legislature in 1870, second session, chapter 100, which provided that there

should be a court in the city of Knoxville for the county of Knox, which should

"have exclusive jurisdiction for the indictment, or presentment, trial and

punishment of all crimes and offenses in said county against the state." This

court was also given common law jurisdiction, the practice and pleadings therein

to be the same as prescribed for circuit courts.



  In 1873 the style of the court was prescribed as "The Criminal court for the

District of Knox." and the judge of this court was granted the privilege of

interchange with other judges, and the judges of the criminal court were not

disqualified from the practice of their profession in other courts. In the same

year it was also provided that there should be a district attorney for the

district of Knox and a clerk, both of whom should be elected at the regular

August election. In 1875 it was enacted that there should be three terms per

year, beginning on the first Monday in January, May and September.



  The first term of this court was begun on Monday, September 26, 1870, that

being the day prescribed by law for the first term of the court. Hon. M. L. Hall

was judge of this court, elected in August preceding, and H. C. Tarwater was

clerk, he having been elected by a majority of 534 votes. Judge Hall's

commission was signed by Governor D. W. C. Senter.



  The several judges of this court have been Hon. M. L. Hall, 1870-86; S. T.

Logan, 1886-91; Joseph W. Sneed, 1891-94; and T. A. R. Nelson, the present

incumbent, elected 1894.



  The district attorneys have been as follows: J. M. Thornburgh, 1870-72; John

M. Fleming, 1872-73; J. C. J. Williams, 1873-78; D. D. Anderson, 1878-86; T. A.

R. Nelson, 1886-94, and E. F. Mynatt, 1894-1902.



  The clerks of this court have been as follows: H. C. Tarwater, 1870-73; W. H.

Swan, 1873-74; G. L. Maloney, 1874-82; W. F. Gibbs, 1882-94, and A. G. French,

1894-1902.



  ARCHIBALD ROANE, second governor of the state of Tennessee, and one of the

early lawyers and judges of Knoxville, was born in Lancaster county, Pa., in

1760. He was a thoroughly educated man, and appears to have been admitted to the

bar both at Jonesboro and at Greeneville in 1788. He was the territorial

attorney-general for the district of Hamilton, comprising originally the

counties of Jefferson and Knox, and he was a delegate to the constitutional

convention of 1796 from Jefferson county. He was one of the first three judges

of the superior court of the state, the other two being John McNairy and Willie

Blount. In 1801, John Sevier having served three consecutive terms as governor,

the length of time permitted by the constitution, Archibald Roane was elected,

and served one term, became a candidate for a second term, but was defeated by

John Sevier. The reason for this defeat is probably to be found in the enmity

aroused in the mind of Governor Sevier, who during Roane's term of office had

been a-candidate for the office of major-general of the militia of the state,

against Andrew Jackson. The electors of the major-general were the field

officers of the militia, but upon the vote being cast and counted there was a

tie as between Sevier and Jackson. The law in this case gave the deciding vote

to the governor of the state, who cast it in favor of Andrew Jackson.



  The casting of this deciding vote by Gov. Roane was followed directly by his

own defeat for re-election, by the election of John Sevier instead, and to the

subsequent career of Andrew Jackson, military and civil, fraught with such

tremendous consequences to the people of the United States, with which all

readers of American history are familiar. Archibald Roane was a most scholarly

man, and at one time the tutor of Hugh Lawson White. From 1811 to 1815 he was

judge of the Second circuit, and in the latter year he was made one of the

judges of the supreme court of errors and appeals, serving in this capacity

until his death in 1818.



  According to Joshua W. Caldwell, from whose longer sketch of the subject this

sketch is condensed, Archibald Roane was, in all probability, with the exception

of Haywood and possibly also Felix Grundy, the most cultured man of his time in

the state. He was fond of literature, well versed in the classics, of affable

manners, and next to Sevier in favor with the people, the superiority of the

latter in this regard being because of his services in the war of the Revolution

and in Indian wars. Among the common people courage upon the field of battle is

more easily appreciated than mere scholarly attainments, and for this reason, in

part, Sevier, the determined man of action, the partisan, the inveterate

hand-shaker, the lavishly hospitable Sevier, defeated the thoughtful, careful,

scrupulous scholar, Archibald Roane.



  THOMAS L. WILLIAMS, formerly a chancellor and also a judge of the supreme

court of Tennessee, was born in North Carolina, and came to Tennessee early in

the present century. He was a skillful and successful lawyer, and in 1826 was

made a judge of the supreme court, being appointed to a vacancy by the governor,

but the legislature declined to permanently fill the place, thereby reducing the

number of judges. From the time of his retirement from the supreme court he

practiced law in Knox and adjoining counties until 1836, when he was elected

chancellor for the Eastern division, and held the position until 1854, having

been twice re-elected. He presided in nineteen counties, holding thirty-eight

courts each year, and being absent from home forty weeks of the fifty-two. To

all of these courts Judge Williams rode on horseback, there being then no

railroads in Tennessee until the fifties, and this riding was over rough roads,

in summer and in winter, in all kinds of weather, and he endured hardships which

few men now, or even then, could have endured. And it is to this endurance and

to the fidelity of Judge Williams that the lawyers of the state attribute in

large measure the preservation of the chancery system. Judge Williams was a man

of strong convictions and will, and, though not without prejudice, yet he was

essentially honest and just, and he holds a prominent and honorable place in the

judiciary of the state. His death occurred December 2, 1856, at Nashville, and

his portrait hangs in the chancery court room at Knoxville, showing him to have

been a dignified, handsome, refined looking man.



  JOHN WILLIAMS, one of the pioneer lawyers of East Tennessee, and later a

United States senator from this state, was born in Surry county, N. C., January

29, 1778. That he was well educated in his youth appears evident from the fact

that he was a man of culture and refinement, as well as strength, and he was

admitted to practice law in North Carolina, though he did not enter upon the

practice until he came to Tennessee, this date not being certainly known, but it

must have been prior to 1813, as in that year he was commissioned colonel of the

Thirty-ninth regiment United States infantry, and was in command of that

regiment in the Creek war. In this sketch, for want of space, it can only be

stated that he came out of that war with great credit, and in 1815 he was

elected to the United States senate, to fill the vacancy caused by the

resignation of George W. Campbell. At the end of this short term he was

re-elected and served until 1823, when he was again a candidate for re-election,

but was defeated by Andrew Jackson, the friends of Jackson having resolved to

defeat Williams, unless he would promise to support Jackson for the presidency.

Mr. Williams had already committed himself to the support of Crawford, and so

could not comply with the demands of Jackson's friends. In 1825 he was appointed

by President Adams minister to Guatemala, and after returning home he was an

active promoter of the projected Louisville, Cincinnati & Charleston railroad,

which was intended to extend from the Ohio river through Kentucky, Tennessee,

North and South Carolina, to the Atlantic ocean, on substantially the same route

now in contemplation for the Black Diamond railway. From this time on until his

death, which occurred August 10, 1837, he devoted his time mainly to the law,

though twice after coming home he was elected to the state senate.



  His son, Colonel John Williams, probably the most intimate friend of Andrew

Johnson, was the father of J. C. J. Williams, and Thomas L. Williams, both

members of the Knoxville bar, and of Rufus W. Williams, of the New York bar.



  HUGH LAWSON WHITE, a man remarkable for the high order of his mental and moral

endowments, was for many years one of the most prominent leaders in East

Tennessee. He was a son of James White, the founder of Knoxville, and hence

whatever pertains to his life is of unusual interest to the people of this city.

But in this sketch, as in all others in this chapter, he is treated of mainly as

a lawyer and a judge. When he was sixteen years of age, Hugh L. White began the

study of the classics under Rev. Samuel Carrick, the first president of what is

now the University of Tennessee. Occasionally he was assisted by Archibald

Roane, who is described as a "scholar of eminence." Young White was in the

battle of Etowah, which closed the career of Governor John Sevier as an Indian

fighter, and in this battle he shot and killed the Indian leader, King Fisher,

an act which, though committed in open and honorable warfare, yet so overwhelmed

him with grief that he would not permit it to be mentioned in his presence, and

he even went so far that he forbade Dr. Ramsey to relate it in his "Annals of

Tennessee."



  About 1794 he went to Philadelphia to study mathematics, and about a year

later to Lancaster, Pa., to study law. In 1796 he began the practice of the law

in Knoxville, meeting with almost immediate success. In 1801 he was elected a

judge of the superior court, then the highest judiciary in the state. In 1807 he

resigned to enter the state senate, and in 1809 he was appointed United States

district attorney, resigning this office also to go into the state senate. At

the close of his second senatorial term he was appointed a judge of the supreme

court of errors and appeals, holding this office until 1815. In 1812 he was

elected president of the Bank of Tennessee, and he retained this office until

1827, in the meantime having been for the third time elected to the state

senate. In 1807 he had compiled the land laws of Tennessee, and in 1817 he

prepared and secured the passage of the first effective law against dueling in

the state, doing more than any other man to establish the law against, and the

public sentiment against, this barbarous custom in Tennessee. Throughout his

entire career he was guided by a large and accurate knowledge of the essential

principles of the law, and by a strong natural sense of justice. His most

distinguished career was terminated by death April 10, 1840. He was United

States senator from 1825 to 1839, was for a time president pro tem., and was

candidate for presidency of the United States in 1836.



  ROBERT J. McKINNEY, one of the great judges who served upon the supreme bench

of the state under the constitution of 1834, was born in County Coleraine,

Ireland, February 1, 1803. His father, Samuel McKinney, settled not far from the

present site of Rogersville, Tenn., and there young Robert J. grew up on the

farm, determined to rise in the world. After attending school in the winter

months for some years he then went to Greeneville College, leaving, however,

without graduating, and began the study of law in the office of his uncle, John

A. McKinney of Rogersville, being admitted to practice in 1824. Settling at

Greeneville, he there began practice, by riding the circuit, as was the custom

in those days. In 1829 the case of Rhea vs. Rhea was tried at Blountville, on an

issue of devisavit vel non, McKinney being the junior counsel for the

proponents, and when the case was called the senior counsel was ill, and

McKinney tried and won it, thereby establishing his reputation and securing a

lucrative practice. He was probably the most thorough lawyer in the

constitutional convention of 1834.



  In 1847 William B. Reese resigned his place upon the supreme bench, and.

largely through the instrumentality of Return J. Meigs, Mr. McKinney was elected

to the vacancy, his principal competitor being William Henry Sneed. He served

continuously until 1861, when he became one of the peace commissioners sent to

Washington by Governor Isham G. Harris. After the war, when the state brought

suit to enforce its lien against the railroads to which it had given aid. Judge

McKinney was one of the commissioners, the other two being Archibald Wright and

Francis B. Fogg. He died at his home in Knoxville, October 9, 1875.



  While he was in no respect a brilliant or showy lawyer, yet he was diligent,

thorough, accurate and sound, and he had great knowledge of and admiration for

the common law. And while as a judge his opinions lack the embellishments and

flavor of scholarship, yet they are always definite and clear, and are carefully

written in strong, plain English, with the single purpose of expounding the law.

So far as the necessities of lawyers are concerned, they are considered equal to

the best among those of the judges of the supreme court.



  CONNALLY F. TRIGG, the fourth in succession of the United States district

judges for Tennessee, was born in Abingdon, Va., March 8, 1810. He entered upon

the practice of the law at Abingdon in 1833, lived there until 1856, when he

removed to Knoxville, Tenn., bringing with him an excellent reputation as a

professional man. This reputation he not only maintained but increased, and when

the Civil war came upon the country he was looked upon as one of the ablest

lawyers in Tennessee. He was great by nature and possessed a most attractive

personalty, was kindly and cordial and made friends wherever he was known.

Though a Southerner by birth, relations and sentiment, yet he clung to the Union

with unswerving devotion, was outspoken in his opinions, and displayed the

highest courage and most positive decision in laboring to prevent Tennessee from

seceding, and it was this course, taken at the beginning of the war and

maintained steadily all through, that won for him the confidence of Union men

everywhere, and secured for him the appointment by President Lincoln in July,

1862, mentioned in the beginning of this sketch. And at the close of the war he

was the sole Federal judge in Tennessee to administer the penal laws of the

United States. While he had been one of the strongest and most pronounced of

Union men, yet when it came to a decision on the constitutionality of the Test

Oath act, he declared it unconstitutional, and was the first Federal judge to so

decide. He was essentially generous and just in his character, and in the

administration of his high office the qualities he displayed, devoid as they

were of malice or resentment, cannot be too highly commended. All men of all

parties he treated fairly, and the Confederate soldier or sympathizer, while

never unduly favored, was always sure of justice in the court presided over by

Judge Trigg. More than this need not be said. The memory of Judge Trigg is held

in honor and gratitude. He remained upon the bench until his death, which

occurred April 25, 1880.



  THOMAS C. LYON, formerly of the Knoxville bar. was born in Roane county.

Tennessee. December 10, 1810, and was educated at the East Tennessee University

under Dr. Charles Coffin, graduating in 1829. his graduating address being an

original poem, which "was esteemed by the large audience present and the best

critics of the day, a most excellent and creditable production."



  He has the reputation of having been an able and successful lawyer, and a

thorough and profound jurist. He was an ideal lawyer, and brought honor to the

profession, and he was frequently called upon to sit upon the supreme bench as a

special judge, his opinions being among the best to be found in the state

reports. He was exceedingly careful of the rights and feelings of others, and it

is said of him that during a professional career of thirty years there was no

instance of his having used a term offensive to the bench or to any member of

the bar.



  In 1864 he left Tennessee for Richmond, Virginia, with the view of offering

his services to the Confederate government, but on the way was attacked by

disease, and died at Richmond, October 1, 1864.



  JAMES W. DEADERICK was born at Jonesboro, Tenn., November 12, 1812, and began

life by farming and keeping a store in Jefferson county, Tenn. After failing in

business about 1837, because of the general financial depression of the times

and also because of having gone surety for his friends to a considerable extent,

he moved to Iowa, where he resided as Indian agent, and afterward returned to

Jonesboro, taking up the study of the law. In 1844 he was admitted to the bar,

and by persevering industry gradually rose in his profession until he achieved

an honorable position. In the Presidential election of 1860 he was a Bell and

Everett elector for the first district, but when the state seceded he united his

fortunes with the Confederacy and was loyal to that government throughout the

war. In 1870, when under the new constitution the judiciary was reorganized, he

was elected one of the judges of the supreme court from East Tennessee, and in

1878 he was re-elected, for the state at large. In 1876, upon the death of Judge

A. O. P. Nicholson, he was elected chief justice of the court, and continued to.

hold that position until his retirement from the bench in 1886.



  Judge Deaderick was a good man. a good lawyer and a good judge, without

pretense of superior learning and yet possessed of great learning. Upon his

retirement from the bench in 1886 he repaired to his home in Jonesboro, and

there died October 8, 1890. His career is illustrative of the value of industry,

perseverance and integrity, which will always win for their possessor the

highest position possible for him to attain.



  WILLIAM HENRY SNEED, a prominent member of the Knoxville bar in the period

immediately preceding the war, was born in Davidson county in 1812, and soon

after attaining his majority began the practice of the law at Murfreesboro. The

high standing which he early attained he maintained until the end of his life.

In 1843 he was elected to the state senate, and at the end of his term located

at Greeneville. He had in 1839 formed a partnership with Judge Charles Ready,

his former preceptor, this partnership lasting until he was elected to the

senate. After locating- in Greeneville he formed a partnership with R. J.

McKinney, which lasted about a year, and he then removed to Knoxville, where he

was unusually successful in practice until the beginning of the war. In 1855 he

was elected to congress as a whig from the Knoxville district, served in that

body with distinction and made many friends. At the beginning of the war he was

a strong Union man, but said that his conduct with regard to secession would be

governed by the action of the state. When Tennessee seceded, he gave his

adherence to the Confederate cause. When Burnside occupied Knoxville, he moved

his family to Virginia, remaining there until after the surrender of Lee. As

soon as conditions would permit he returned to Knoxville, residing here until

the time of his death in 1869.



  As a lawver Mr. Sneed was unusually successful, excelling especially as a

chancery pleader and practitioner. There is no question that he was one of the

most painstaking, laborious and able lawyers of his time in Tennessee, and he

was of great force of character, of high social standing and one of the most

popular men in the state. His son, Joseph W. Sneed, is judge of the circuit

court of Knox county.



  HORACE MAYNARD, one of the most brilliant of orators, one of the ablest of

lawyers, and one of the best of men, was born at Westborough, Mass., August 30,

1814, and graduated at Amherst college in 1838. During that same year he came to

Knoxville, Tenn., and began the study of law in the office of Judge Ebenezer

Alexander, at the same time being made tutor in East Tennessee university, and

afterward professor of mathematics. Having been connected with the university

six years he then began the practice of the law. His means being quite limited

he walked the circuit, while other lawyers rode. But he had industry, the first

requisite in law as in everything, and was not long in making himself known and

felt. While the bar of East Tennessee at that time contained many lawyers of

learning and culture, yet Horace Maynard was easily the best read man of them all.



  A story is told that at one time the Knoxville lawyers in going to court at

Clinton found the Clinch river so swollen that it could be crossed only by

swimming. Maynard plunged boldly in and swam across, when the other lawyers told

him to attend to their cases, and returned home. From that time on, the story

continues, the cases being well attended to, the clients all went to Maynard. As

an advocate he was a brilliant and logical speaker, but at times very sarcastic

and severe, yet he was at heart one of the kindest of men. He was always

regarded, even by his most bitter political antagonists, as a sincere and honest

man. A story is told of him that on one occasion a certain prominent Tennessee

politician approached him with the suggestion which involved improper rewards.

Mr. Maynard took down a copy of the United States statutes, and read to his

auditor again and again the law on the offering of bribes to congressmen, at

each reading emphasizing a different word in order that the full effect of the

statute might be felt. The visitor was thus given every opportunity for becoming

familiar with the law on bribery, and is said to have ultimately retired in

confusion.



  While his speeches always seemed far above his audience yet they were always

appreciated by even the common people, and with the possible exception of Judge

T. A. R. Nelson he was the most popular public speaker in East Tennessee. As a

man, however, he was rather admired and respected than popular, for in manner he

was austere and cold except to personal and intimate friends, who alone were

able to know and to appreciate his real worth. In 1875, after having served

sixteen years in congress, he was appointed by President Grant minister to

Turkey, and there served until 1880, when he was recalled by President Hayes and

made postmaster-general. This was his last public office, and he died at

Knoxville, May 3. 1882.



  THOMAS A. R. NELSON, one of the most distinguished men in the history of

Tennessee, was born in Roane county, Tenn., in 1812, and graduated at East

Tennessee College, now the University of Tennessee, in 1828. Having studied law

with Judge Thomas L. Williams, he was admitted to the bar before he attained his

majority, and when he became twenty-one he was appointed by Governor William

Carroll, state's attorney for the first circuit, in which he then resided.

Afterward he was twice elected by the legislature to that office, and held it

until 1844. In 1851 he was a candidate before the whig caucus for United States

senator, but was defeated by one vote by James C. Jones. In 1859 he was a

candidate for congress in the First district, his competitor being Landon C.

Haynes, and they two were more capable of affording the people the entertainment

they most craved than any other two men in the state. Nelson was elected by a

small majority, and it was during his service in the succeeding congress that

his famous speech was made, which was declared by the London Times to be the

highest product of American oratory.



  In 1861 he was again elected to congress, but endeavoring to make his escape

across the mountains into Kentucky he was captured by Confederate scouts, taken

as prisoner to Richmond, where he was paroled upon the condition that he would

not engage in hostilities against the Confederate states so long as they held

possession of Tennessee. Returning to his home in Washington county, he there

remained until General Burnside took possession of East Tennessee in 1863, when

he removed to Knoxville, making that city his home the remainder of his life,

dying in 1873.



  In 1870, when the supreme court was reorganized, he was elected a member

thereof, serving about a year when he resigned for the purpose of attending to

his private affairs. In the great impeachment trial of Andrew Johnson. Judge

Nelson was one of the counsel of the President. His argument was almost an

impromptu one, and so failed to satisfy him that until the day of his death he

did not cease to criticise it, and some say with undue severity. But the speech

is an admirable one, and will continue to reflect credit on its author.



  Judge Nelson was one of the best lawyers Tennessee has produced. His mind was

both powerful and quick to act. He was a thorough and profound student of the

law. and he was always fond of the rounded verbiage and fine distinctions of the

common law. He was his own secretary, and his constant companion was a large

portfolio in which he carried carefully prepared briefs and notes for argument

in every case. Judge Nelson had a large practice, but was too indifferent to

money to secure from his practice adequate returns. His temperament was that of

the orator and also of the poet, two rare qualities still more rarely combined,

but when so combined giving great strength. For style he went to the old

masters, and as a consequence his diction was always imposing and rich. His

retirement from the bench was a purely personal matter, for his relations with

his associates were pleasant and the work was congenial to his tastes. And after

retiring, he spent the remaining two years of his life quietly and happily among

his friends.



  His son, Thomas A. R. Nelson, is a lawyer of high standing in East Tennessee,

and in 1894 was elected judge of the criminal court of Knox county. His court

was abolished by the legislature in the spring of 1899.



  MAJOR LEAROY HALL was born in Knox county, Tenn., August 16, 1814, and was the

eldest of six children born to William and Nancy (Nelson) Hall. He was reared on

the farm, and when nineteen years of age began teaching school, which profession

he followed a short time after his marriage in 1836, and then began the study of

law with Judge Robert M. Anderson. Afterward he studied with Samuel R. Rodgers

until January, 1841, when he was admitted to the bar. In 1852 he was elected

clerk of the circuit court and held the office until the close of the war, being

re-elected in March, 1864, but resigned in April following to accept an

appointment by Judge Trigg to the office of clerk of the United States circuit

and district courts and United States commissioner, all of which he resigned in

August, 1870, to accept the office of judge of the criminal court, created in

July, 1870. This office he retained until 1886, when he was defeated, for the

first time in his life, by Judge Logan, and he then resumed the practice of the

law. Judge Hall wrote a treatise on criminal law.



  WILLIE BLOUNT, youngest half-brother of Governor William Blount, was born in

Bertie county, N. C, in 1767 or 1768. While still under thirty years of age, he

was elected a judge of the superior court of the state, but declined to accept

the office. In 1809 he was elected governor, and by successive re-elections

served three terms. During his administration occurred the Creek war, and by his

personal efforts, and, it is said, on his own responsibility, he raised for

General Jackson $370,000, for which he received the thanks of the President and

three secretaries of war. He was eminently patriotic, and his vigorous

prosecution of the war of 1812 attracted attention throughout the country. He

was earnestly devoted to the policy of internal improvements, and as a delegate

from Montgomery county to the constitutional convention he urged upon that body

the importance of increased facilities for transportation and travel, and it is

believed that but for the Civil war events would have proved the soundness of

his views. He died September 10, 1835, and the legislature voted him a monument

to be erected at Clarksville.



  ALFRED CALDWELL. formerly one of the acknowledged leaders of the Knoxville

bar, was born in Jefferson county, Tenn., July 5, 1829, and was a son of John

Caldwell, pension agent at Knoxville under the administration of Andrew Johnson.

Alfred Caldwell grew to manhood on the -farm, and as a school teacher earned the

money to pay his way through college, graduating at Maryville College, having

taken the junior and senior class studies in one year. Graduating at the Lebanon

law school in 1854 he at once entered upon the practice of his profession at

Athens, where he formed a partnership with Milton P. Jarnagin, and was at once

successful at the bar. Thoroughly educated and possessing a mind of unusual

acuteness and power, he found the study and practice of the law entirely

congenial, and his great gifts as a speaker made him an exceptionally successful

advocate.



  After the war he located at Knoxville, and there practiced law until his

retirement from active life in 1882. At Knoxville his ability was fully

recognized, and he was habitually chosen special chancellor when one was needed.

Being thoroughly equipped and efficient in all branches of the law, his practice

in the higher class of cases was always large and remunerative. His knowledge of

land law was exceptional, and he was one of the counsel on the successful side

of the famous Jolly Island case, the most noted land suit in the history of East

Tennessee.



  As a speaker he was earnest, impressive and often eloquent, and in diction he

was copious but accurate, and forcible without exaggeration. He was incapable of

inflicting injury or pain, and because of the kindliness of his nature conflicts

at the bar were often distressing. A natural diffidence which he could not

overcome caused him at times to appear reserved, but he craved the sympathy of

and loved his fellow men. In his death the bar and society of Knoxville lost one

of their chief ornaments.



  RICHARD G. DUNLAP was born in Knoxville some time in 1793, and was the first

male child born in the city. He was a student at Ebenezer Academy under the Rev.

Samuel G. Ramsey when the war of 1812 began. Being filled with patriotism and

martial ardor, he raised a company of cavalry which was accepted by General

Jackson. Becoming one of the favorites of General Jackson, he retained his

confidence and good will to the end. At the conclusion of the war he located at

Knoxville and studied law in the office of John McCampbell, and while the

practice of this profession does not seem to have been altogether suited to his

tastes, yet, according to Dr. Ramsey, he was a successful practitioner. In 1831

he was elected from Knox county to the legislature, where he appears to have

been one of the champions of public improvements, and Dr. Ramsey refers to him

as the "father of our system of common schools," though the exact service he

performed in connection therewith does not appear. While he was not so

conspicuous as some others in the practice of the law, yet he was an energetic

and able man, best satisfied when in action, and he was worthy, honest and brave.



  JOHN BAXTER, one of the most successful of the lawyers of East Tennessee, was

born in Rutherford county, North Carolina, March 5, 1819. He had no

opportunities for education except such as were afforded by the old field

schools of the neighborhood in which he lived. For a time he followed the

occupation of a merchant, but abandoned it for the study of the law, his

adaptation to which was speedily shown in the most gratifying manner. In the

spring of 1857 he removed to Knoxville, and it was here that his most important

professional work was done. During the Civil war he was loyal to the government

of the United States, and was always a fearless advocate of its cause. In the

constitutional convention of 1870 he was a delegate from Knox county, and was a

prominent member of the judiciary committee, and it is worthy of note that the

majority of the members of the convention had supported the Confederacy. During

the succeeding seven years he conducted what was probably the most lucrative law

practice that had ever been acquired in East Tennessee, his ability being

acknowledged in all the courts of the state, including the supreme court. In

1877 he was appointed by President Hayes judge of the circuit court of the

United States for the Sixth district, which position he filled with great

credit. He died at Hot Springs, Ark., April 2, 1886. His distinguishing

characteristic was force, and he was independent, self-reliant and firm in all

respects. Though sometimes arbitrary and harsh in his language and manner, yet

he was essentially just, progressive and liberal, and he was the accepted leader

of the East Tennessee bar. Taking him all in all, he was one of the most

remarkable men known to the history of Tennessee.



  JOSEPH ANDERSON, one of the judges of the superior court of the territory of

Tennessee, was born near Philadelphia, Pa., November 5, 1757, and was of German

ancestry, his family having come to America in 1656. Joseph, together with five

of his brothers, was an officer in the Continental army. Having received a good

education he studied law, and in 1775 was appointed ensign in the New Jersey

line, was made first-lieutenant in November, 1776: captain in October, 1777, and

was regular paymaster from that time until the end of the war, retiring with the

rank of brevet-major. Then practicing law in Delaware he removed to the

territory southwest of the Ohio river, and became one of the judges of the

territorial court, serving throughout the existence of the territory. He was one

of the trustees of Blount College and of Washington College, and in the

constitutional convention of 1796 was a delegate from Jefferson county. When

William Blount was expelled from the United States senate, July 8, 1797, Judge

Anderson was elected to the vacant seat, serving continuously until 1815. Upon

retiring from the senate in 1815 he was appointed by President Madison

comptroller of the United States treasury, serving in that capacity until 1836,

and dying in 1837. Anderson county, Tenn., is named in his honor.



  Judge Anderson was the father of Alexander Anderson, who was a senator of the

United States from Tennessee, and was the grandfather of David D. Anderson of

Knox county, who, by virtue of descent from him, is a member of the Order of the

Cincinnati. Judge Anderson was a devout man, and of sincere but unostentatious

piety. His sister, Margaret, married David Deaderick and became the mother of

the late Chief Justice James W. Deaderick.



  THOMAS EMMERSON, the first mayor of Knoxville, was one of the lawyers and

judges of the early days. He served on the superior bench from 1807 to 1809, was

judge of the first circuit from 1816 to 1819, and from 1819 to 1822 was a judge

of the supreme court. From these facts it would appear that he was no ordinary

man. From 1832 to 1837 he edited at Jonesboro the Washington Republican and

Farmers' Journal, an anti-Jackson paper, for the first three years of which

period his associate in the enterprise was S. J. W. Lucky.



  LEONIDAS CAMPBELL HOUK, one of the most prominent men in East Tennessee for

many years, was born in Sevier county, Tenn., June 8, 1836, and died in

Knoxville, May 25, 1891. His birthplace was a log cabin located in the

mountains, and his early life was passed in obscurity, hardship and poverty. It

was as a cabinetmaker that he began the course of self-improvement which made

him one of the most notable men in the state. While carrying on this trade he

read law at night by the light of a blazing pine knot, and was admitted to the

bar shortly before the war. From 1866 to 1869 he served as judge of the circuit

court for the Seventeenth circuit; from 1873 to 1875 he was a member of the

lower branch of the legislature from Knox and Anderson counties, and was elected

to all the congresses from the Forty-sixth to the Fifty-second, inclusive of

both, his death occurring in the middle of his seventh term. At the bar he was

one of the most successful advocates in East Tennessee, and it was said by a

judge of the supreme court that his briefs were not surpassed by those of any

other lawyer practicing in that court.



  JUDGE EBENEZER ALEXANDER, one of the most popular men that ever lived in Knox

county, an able lawyer and a competent, efficient and dignified judge, was born

in Blount county, Term., December 23, 1805, and died at Knoxville, April 29,

1857. His father, Adam R. Alexander, soon after the birth of Ebenezer, moved his

family to West Tennessee. Ebenezer Alexander was educated at Greeneville

College, and at East Tennessee College, at Knoxville, now the University of

Tennessee. Afterward he studied law with Judge Joshua Haskell at Jackson, Tenn.

Having removed to Knoxville he was there married, October 15, 1829, to Margaret

White, fourth daughter of Hugh L. White, was a long time a member of Judge

White's family, and in charge of his private affairs while the judge was absent

on public duties. Mr. Alexander's wife died soon after the marriage, and on

January 31, 1833, he married Margaret McClung, youngest daughter of Charles
McClung.



  In 1838 Mr. Alexander was appointed attorney-general for the second circuit,

serving a little less than a year, and in 1844 he succeeded Edward Scott as

judge of the second circuit. Judge Alexander remained in this position until his

death, and was one of the best judges that ever sat upon the bench in Tennessee,

always courteous, upright, pure and without reproach.



  SPENCER JARNAGIN. one of the most prominent men and lawyers of his time, was

born in Grainger, county, Tenn., in 1792. He was a well-educated man, and

graduated from Greeneville College in 1813. Four years later he was admitted to

the bar, having studied law with Hugh Lawson White. Very early in his career as

a lawyer Mr. Jarnagin became connected with litigation growing out of the

interpretation of Indian treaties and the cessions of lands made under these

treaties. He was connected with the famous Foreman case, which had its origin in

the following manner: The legislature had passed an act to extend the

jurisdiction of the state in cases of high felony over the territory of the

Cherokee nation, and under the provisions of this law Foreman was indicted in

McMinn county for a murder committed in the country of the Cherokees. The

circuit judge sustained a plea to the jurisdiction, the case was appealed by the

state and was heard by Judges Catron, Peck and Green. The state was represented

by John H. Crozier, solicitor for the fourth district, and by George S. Yerger,

while Foreman was represented by Spencer Jarnagin. Jarnagin's speech before the

supreme court has ever since been famous in East Tennessee as a masterpiece of

audacity, eloquence, learning and logic, the audacity consisting in its

criticisms of the court. Judge Catron's opinion in the case is certainly one of

the most learned in the history of Tennessee jurisprudence, and is invaluable to

the student of history and of the law.



  Until about 1838 Mr. Jarnagin made his home in Knoxville, moving at this time

to Athens, attracted to that place, it is thought, by the prospect of litigation

under the Ocoee land law. If these were his expectations they were realized, and

he was generally the lawyer of the Indians, presumably because of his connection

with the Foreman case. Milton P. Jarnagin states that Spencer Jarnagin largely

instructed the Federal courts in the law of Indian titles. In 1843 Mr. Jarnagin

was elected to the United States senate by the whigs, having been prevented from

election to that high office in 1841 by the immortal thirteen, headed by Andrew

Johnson. In the senate he took high rank both as a constitutional lawyer and as

an orator, being justly regarded as one of the most brilliant and able members

of that body. Upon retiring from the senate, being entirely without means. Mr.

Jarnagin took up his residence in Memphis, where he continued the practice of

his profession with brilliant success. Chancellor Kent is reported to have said

of him that he was one of the most intellectual men of the country, and in this

high tribute all who were not influenced by prejudice concurred. In July, 1853,

while engaged in preparing an argument in an important case, he went to a lake

near Memphis to fish, and, having fasted all day, ate so heartily a supper as to

cause a violent illness, and his attending physician, thinking he had cholera,

resorted to such heroic treatment as to cause his death. It is generally

conceded that he was one of the brightest intellectual lights of his time.



  GEORGE ANDREWS, one of the best of men and one of the best of lawyers that

ever lived in Tennessee, was born at Putney, Vt., December 28, 1826. His father,

Rev. Elisha D. Andrews, removed to Macomb county, Mich., in 1840, and there

George Andrews was well educated, both in literature and in law. He first

established himself in practice in Detroit, and came to Knoxville in 1865,

residing here the remainder of his life. In 1868 he was appointed by Governor

Brownlow to a vacancy on the supreme bench, holding the office for two years,

and proving himself to be a thoroughly competent judge. His opinions rank among

the best in the Tennessee state reports, and are, hence, highly esteemed both by

the profession and the courts.



  After retiring from the bench he was United States district attorney for East

Tennessee, and for the last twelve years of his life he was the senior member of

one of the most successful law firms in Knoxville. He was one of the unfortunate

victims of the great railroad disaster on the Knoxville, Cumberland Gap &

Louisville railroad. August 22, 1889, which is fully treated in another chapter

of this work. Judge Andrews was a man of extraordinary intellect and

versatility, was a most industrious and capable lawyer, and was widely read in

the general literature of his profession. For some years before his death he

held probably the first place at the Knoxville bar, submitted to interruption

and gave assistance to others with marvelous patience and kindness. Judge

Andrews was a member of the board of trustees of the University of Tennessee,

and for several years was chairman of its executive committee. To this place he

was peculiarly adapted, and hence was of great service to the university. He was

a devout Christian, and a member of the Presbyterian church.



  EDWARD SCOTT, one of the early judges of East Tennessee, was a diligent

student and had a tenacious memory, though he was not considered a man of broad

and comprehensive mind. Good lawyers seldom trust their memories, even though

their memories are good; but in order to make no mistake, carefully look up the

law in each case as though they were entirely ignorant of it. This was not the

habit of Edward Scott. He prided himself on his ability to cite and quote cases,

and on one occasion he made a decidedly original ruling. It was in an assault

and battery case, where it appeared in the testimony that the prosecutor had

called the defendant a "school-butter." the meaning of which term is not now

known, but it certainly was considered one of the most offensive of insults.

This was the opinion of Judge Scott, who charged the jury that the use of the

epithet was equivalent to striking the first blow, the result being that the

defendant was acquitted.



  Judge Scott resided at Knoxville from 1815 to 1841, serving during the whole

of that period as circuit court judge. This fact alone would seem to indicate

that he was well thought of, even if his manners were not pleasant, as is said

to have been the case. Goodspeed's History of Tennessee says that he was never

partial to young lawyers, but was frequently uncivil and rude, though at heart a

man of kind and tender sensibilities.



  In 1820 he published his "Revisal" of the statutes of Tennessee, and of the

charters and statutes of North Carolina, a work even now highly valued by the

profession. It is a careful, trustworthy and creditable piece of work, and will

never cease to be interesting and useful.



  PLEASANT M. MILLER., a native of Virginia, removed to Rogersville, Tenn., in

1796, remaining there until 1800, when he removed to Knoxville. In 1801 and 1802

he was one of the commissioners for the government of Knoxville, and in 1809 he

was elected to congress from the Hamilton district. About 1824 he removed to

West Tennessee, serving as chancellor of that division of the state from 1836 to

1837. He was one of the most successful and prominent members of the Tennessee

bar of his time. He married Mary Louisa Blount, daughter of Governor William

Blount, and from this marriage are descended many of the best people in

Tennessee, especially of the city of Knoxville.



  WILLIAM B. REESE, at one time a member of the supreme court of Tennessee, was

born in Jefferson county, Tenn., November 19, 1793, and died at Knoxville, July

7, 1859. His father was a lawyer and a prominent supporter of the state of

Franklin. William B. Reese was educated at Blount College and at Greeneville

College, and was admitted to the bar in 1817. In 1832 he was elected chancellor

of the Eastern division to succeed Nathan Green, in which position he displayed

ability of the highest order, of the cases appealed from his court to the

supreme court only two being reversed. In 1835, when the legislature was called

upon to elect judges of the supreme court. Judge Reese was unanimously chosen

one of the three, and served the full term of twelve years, but was a candidate

for re-election in 1847. Soon afterward he was made president of the East

Tennessee University, holding this position until failing health compelled him

to retire. With the possible exception of Haywood, Judge Reese was easily the

most scholarly of the supreme judges of the state, and his opinions show the

results of extensive and thorough research. He could analyze as well as acquire,

and he had a clear understanding and a firm grasp of principles, and he was

certainly one of the most learned and efficient of the jurists of the state.



  His son, William B. Reese, of Nashville, was one of the most learned of the

scholars of his time, blest with a wonderful memory, with a sound judgment, with

the manners of a gentleman, a profound knowledge of the law, and was highly

esteemed by all.



  JACOB MONTGOMERY THORNBURGH was a son of Montgomery Thornburgh, a prominent

lawyer of Jefferson county, Tennessee, and was born in that county July 3, 1837.

He died at Knoxville on the I9th day of September, 1890. He had just been

licensed to practice law when the Civil war began. He crossed the mountains into

Kentucky in 1861 and joined the Union army. He was afterwards commissioned as

lieutenant-colonel of the Fourth Tennessee Cavalry. He made an enviable

reputation as a soldier and officer, having for some time been the commander of

a brigade. He was mustered out in July, 1865. In 1866 President Johnson tendered

him a majors commission in the regular army, which he declined. He was district

attorney for the third judicial circuit from 1866 to 1871. In 1872 he was

elected to congress and re-elected in 1874 and 1876. After retiring from

congress he formed a law partnership with Judge George Andrews, which continued

until Judge Andrews' death, which occurred in 1889. He was industrious, popular

and a successful lawyer, especially noted for his ability as an advocate.



  O. P. TEMPLE, one of the oldest men and one of the oldest members of the bar

of Knoxville, was born in Greene county, Tenn., in 1820. He was reared upon the

farm and attended Greeneville College when young. In 1838 he went to Tusculum

College, remaining three years, and then spent three years at Washington

College, graduating in 1844. Soon afterward he began reading law and was

admitted to the bar in 1846, settling at Greeneville, Tenn. In 1848 he removed

to Knoxville, which place has ever since been his home. Here he successfully

followed the practice of his profession until 1880, when he retired. In 1866 he

was appointed chancellor, which position he held for twelve years, in 1878

declining to become a candidate for re-election. In 1881 he accepted the

position of postmaster of Knoxville, as a convenient method of retiring from the

practice of the law, filling the office four years. Since then he has been

engaged in attending to his own private affairs and in literary pursuits, to

which he is peculiarly adapted. He has recently written and had published two

books: "The Covenanters, the Cavaliers and Puritans," and "East Tennessee in the

Civil War," which show great research and are valuable volumes.



  In the Knoxville bar of to-day there are many men who are an honor to their

most honorable profession. Some of them would rank high in the bar of any city

in the land. The bar of Knoxville has always been a strong one, as will be seen

from the brief sketches of some deceased members, printed in this chapter. There

are men in this bar to-day who have had the advantages of a better education

than most of those who figured conspicuously in the profession in the earlier

days of the city's history. It may be said of them, too, that they take the same

pride in sustaining the good name and the honor of their profession that

characterizes good lawyers everywhere. Their contests before the courts in which

they practice are such as will be seen wherever foemen meet foemen worthy of

their steel, and it is a rare thing for one of them to lose a case through

ignorance of its strong points, or neglect to avail themselves of them. A

Knoxville lawyer who would go into court without having his cases well and fully

prepared would soon find that he was losing clients. Those who are leading

practitioners owe the fact to their ability, fidelity to their clients, and to

untiring industry.



Additional Comments:
From:



STANDARD HISTORY

OF

KNOXVILLE TENNESSEE



WITH FULL OUTLINE OF THE NATURAL ADVANTAGES, EARLY SETTLEMENT, TERRITORIAL

GOVERNMENT, INDIAN TROUBLES, AND GENERAL AND PARTICULAR HISTORY OF THE CITY DOWN

TO THE PRESENT TIME



EDITED BY

WILLIAM RULE

GEORGE F. MELLEN, PH. D., AND J. WOOLDRIDGE COLLABORATORS



PUBLISHED BY

THE LEWIS PUBLISHING COMPANY

CHICAGO 1900

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