EARLY JUDICIAL DISTRICTS — "NO MAN'S LAND" — COUNTY LINES IN 1864 — COUNTY SEAT CHANGED — EARLY LAWYERS AND LAW SUITS — FIRST DEED RECORDED — FIRST AND SECOND TERMS OF COURT — HORSE THIEVES — VIGILANCE COMMITTEES — LYNCHINGS — "BUTLER COUNTY WAR" — CRIMINAL AND CIVIL CASES — ATTORNEYS.

Butler county was one of the original thirty-six counties laid out by the first territorial legislature in 1855, and until the admission of Kansas as a State on the 29th day of January, 1861, Butler county was a part of the second judicial district and Hon. Rush Elmore of Alabama, associate justice of the Supreme Court of Kansas territory was assigned to hold court therein. It is quite certain that no term of court was ever held in the county while Kansas was a territory. By a statute of 1860, this county was attached to Breckenridge, now Lyon, county, for judicial purposes, and in the constitution of the State it was made a part of the fifth judicial district. Again on May 22, 1861, after Kansas became a State, the county of Butler was attached to Breckenridge county and courts were provided for commencing on the seventh Monday after the first Monday of March and September.

For several years prior to 1860, disputes arose, as to the boundary lines of the county on the south and east, and criminals, principally horse thieves, escaped punishment on account of the uncertainty in regard to the county lines. Witnesses were unable to testify as to the county in which crimes were committed, and the disputed territory became a "No Man's Land" and the the rendezvous and asylum of numerous bands of horse thieves. The law-abiding citizens were up in arms and appealed to the authorities for relief, and the legislature on February 27, 1860, passed two laws, one declaring the fifth standard parallel the South line, and the line between ranges 9 and 10 east, the east line of the county, and the other forming the county of Irving, adjoining Butler on the south and making El Dorado the county seat, the new county being thirty-six miles from east to west and twenty-four miles north and south, and comprising about all of the south twenty-four miles of what is now Butler county. The fifth parallel was

made the north line and the line between ranges 8 and 9, east, the east line of Irving county.

There was not much change in the county lines until the legislative session of 1864, when Butler county was reconstructed, and made to include all the territory in what is now Butler and Cowley counties, the east twelve miles of the present counties of Harvey, Sedgwick and Sumner, the west nine miles of Greenwood, Elk and Chautauqua, and the south six miles of Chase and Marion. Early settlers say this change in county lines was demanded so that the Indians who had stolen their cattle and horses during the war could be punished and their depredations stopped. At any rate the new law had the desired effect. When this law was passed, the town of Chelsea, having been the county seat of Butler county since its organization, became the capital of the enlarged county of Butler. At this time being supposed to be the largest county in the United States, if not in the inhabited world, this county was named, and has been denominated ever since, "The State of Butler."

Very soon the settlers along the Arkansas river and lower lower Walnut demanded that the seat of government be brought nearer to their homes, claiming that the town of Chelsea was too far away. An election was held on May 21, 1864, which resulted in the removal of the county seat to El Dorado by a large majority.

There are no records so far as known in Butler county showing that any litigation occurred here during or before the Civil war. For several years during that period a lawyer named Prince G. D. Morton lived at Chelsea, and there must have been some lawsuits there, but if so, no records of any legal proceedings have been made, or if made, they have been lost or destroyed. Early settlers say that suits were brought before justices of the peace at or near Chelsea, but only one they remember of was actually tried by a jury. A man named Pratt was sued before a justice of the peace who lived on Durachen Creek, but whose name is not remembered. The plaintiff lived in Chase county, and claimed that Pratt had his horse and had converted him to his own use. P. G. D. Morton was plaintiff's attorney. The identity of the horse was the question in dispute. Pratt demanded a jury, and the case was set for a certain day for trial. Pratt sent to Wilson county for an attorney. When he came, he proved to be Capt. A. J. Miller, who later became a prominent lawyer of Butler county in the early seventies. Numerous witnesses were subpoenaed, from both Butler and Chase counties. The constable had ridden over 100 miles to summon the jury. Several hundred people traveled long distances to hear the trial, which lasted about a week. The plaintiff's attorney's argument to the jury consumed an entire day and a part of the night following. An adjournment until the next day was taken, when Capt. Miller's argument began. His client demanded that he put in as much time as the opposing attorney, which

he did. The verdict of the jury was as follows: "We, the jury, find that the plaintiff has no cause of action."

The first deed recorded in the county was to P. G. D. Morton of Chelsea, Butler county, territory of Kansas, and is in book A, page 1. It is dated August 7, 1860, and was acknowledged before "J. R. Lambdin, clerk of the court in and for Butler county," on August 27, 1860, and was made by George Birch and Sarah Birch, his wife, and conveyed "one house 13x16 and three lots, two on which the house now stands, the other some one of the business lots on town plat of Chelsea townsite, being the same house in which said Birch now resides, and same lots promised to said Birch for building said house standing on south-half of southeast quarter of section 28, township 24, range 6." Sylvester Carter is the present owner of this eighty acres of land.

The first term of the district court ever held in the county began on July 9, 1866, in El Dorado, and the journal recites: Present, Hon. J. H. Watson, judge of the fifth judicial district; Henry Imel, clerk; W. D. Show, sheriff; D. M. Bronson, county attorney. No cases were tried, but two orders were made in the case of the State of Kansas v. H. A. Bemis, charged with grand larceny, as follows: "It is ordered by the court that the clerk of the district court of Chase county be required within sixty days after adjournment of court to make out and transmit to the clerk of this court a certified transcript of the proceedings had in this case in said court." Also, "It is ordered by the court that the said Hezekiah A. Bemis enter into a new recognizance in the sum of $300 for his appearance at the next term of this court, to be approved by the sheriff of Butler county, and it is further ordered that the said Hezekiah A. Bemis be held in custody by the said sheriff until the order be complied with." The only other cases on the docket were: The State v. Christopher Anderson, charged with grand larceny; the State v. James F. Fongler, charged with grand larceny and bigamy, and the State v. Norris Harron, charged with bigamy, all of which were continued. All of the above cases were dismissed at the April term, 1867.

The second term of the district court commenced on Monday, April 22, 1867. Present, Hon. S. N. Wood, judge of the Ninth judicial district; W. W. Slayton, clerk; D. M. Bronson, county attorney. Jurors present were Joseph Adams, William Thomas, James Craft, T. W. Satchell, John Bishop, Edward Jeakins, P. P. Johnson and Doctor Lewellyn. Jurors failing to appear and excused were William A. Badley, William Tousley and A. B. Allen. The first attorneys to appear in the district court were W. T. Galliher, for the plaintiff, and Ruggles & Brown, of Emporia, for the the defendant, in the case of James Thomas v. J. B. McCabe. The following attorneys had business in the district court prior to January 1, 1872: D. M. Brown, W. T. Galliher, B. O. Carr, I. A. Moulton, W. P. Campbell, W. H. Redden, Henry T. Sumner, W. B. Parsons, Augustus Ottenott, W. D. Carpenter, J. J. Wingar and

A. L. Redden, of El Dorado; I. M. Philips, E. E. Eaton, Eugene L. Akin. S. D. Pryor, F. B. Kager, G. P. Garland. D. Dodge, J. F. Lanck and James McCollum, of Augusta; S. W. Taylor, of Douglass; R. M. Ruggles, W. R. Brown, P. B. Plumb and Hunt & Gillett, of Emporia; William P. Hackney, of Winfield; W. S. Romigh, of Cottonwood Falls; Isaac Sharp, of Council Grove. Many Butler county lawyers resided with their families on claims, traveling from there to their offices, some every day, others being with their families over Sunday only. Mr. Galliher's home was on the Little Walnut, a few miles southwest of where Leon now is. I. A. Moulton lived on Turkey creek; D. M. Bronson on land now a part of the city of El Dorado; W. P. Campbell, about two miles west of El Dorado; Henry F. Sumner, on land now owned by Joseph King, near El Dorado.; J. J. Wingar, in Prospect township.

In 1870, several thousand new settlers came to the county. They came in covered wagons, about the only way to get here in that early day. The large majority had all their worldly possessions in a single wagon, to which was hitched their only span of horses. With this team they expected to plow the land and put in their crops, and they had no money with which to buy another team. It was soon discovered that an organized hand of horsethieves was in the country. Many settlers would find their horses had disappeared during the night, and could not be found in the morning after diligent search. Hiding places were found where horses had been kept for a short time. These were generally in the thickest timber along the Walnut. They were usually a few miles apart. One place was found dug out along a high bank of the Walnut river, where horses had recently been kept, but no horses could be found at the time on the place. A system of spying was organized, and several horses were found in the cave and returned to their owners. The people learned positively as tothe[sic] identity of some of the thieves, and found out who others were by their intimate association with the thieves. "Birds of a feather flock together." Arrests were made, but convictions were impossible because of lack of positive proof or of some intimate friends of the defendant being on the jury. The settlers organized "vigilance committees" in every neighborhood, and soon resolved to take the law into their own hands. "Patience had ceased to be a virtue." In the month of November, 1870, four men were shot and killed a few miles north of Douglass and a few days later four others were taken from Douglass to a tree along the Walnut river and hung, and "the Butler county war" was on. Warrants were sworn out, charging nearly one hundred of the settlers with the murder of the eight men. Col. W. P. Hackney, then a young lawyer of Arkansas City, now a prominent attorney and honored citizen of Winfield, was employed to defend them, and he has kindly consented to give to the readers of this history his recollection of what took place, which follows:

"THE BUTLER COUNTY WAR."

"In August, 1870, a young lawyer, in search of adventure, found himself in El Dorado. Kan. On the morning of the sixteenth of that month he took stage for Winfield, where he arrived in time for supper, but the accommodations for his entertainment not being in evidence, at the instance of the driver, he went on to Arkansas City. During that night one of its citizens jumped one-quarter of the town site, and while at breakfast the lawyer was employed to defend him before the claim league that evening, therefor. That claim league was, seemingly, composed of every one, but the lawyers client, and all were against him, and consequently hostile to his lawyer. When the case was on trial, one of the mob, seeing that the lawyer was a stranger, and taking that case had alienated every one from him, concluded he would intimidate the lawyer, and thereby advertise his own prowess, and for that purpose explained to the lawyer, who weighed only one hundred and twenty-six pounds, what he would do to him if he repeated a question theretofore asked him of a witness. The lawyer called the bluff and the "bully" subsided, to the evident mortifcation of the mob. The next morning a committee of three, composed of the postmaster, superintendent of the stage line, and chairman of the meeting the night before, waited upon the lawyer and advised him to get out of town, else they did not know what the people would do to him, etc., etc. The lawyer had expected to return to Winfield on the stage after breakfast, but for which employment. When thus threatened he told the committee that he had intended to leave the next morning, but that the people there evidently did not know who he was, so he would locate and stay with them until they found out, and that if any of them had an ambition to "wrestle his hash in hell," let them interfere with him; when he proceeded to build himself a house, sent for his family, and the people then thus became acquainted with him, and were wise enough not to interfere with him further.

"On election night, early in November, 1870, that year a vigilance committee killed the two Booths and Jack Corbin, at Booths' Ranch, north of the Little Walnut, and were looking for Jim Smith, and just after they crossed that stream, near Douglass, they met him, where, in a running fight, he was killed. The stage was late that evening and crossed that stream just behind the killers. Warrants were out for eighty-seven men and one woman, charged with the murder of those men, and among them was that stage driver, whose home was in Arkansas City. He employed that lawyer to defend him, and with bondsmen all started in a double-seated spring wagon for Douglass. When they arrived there, the town was full of armed men, who had driven the sheriff away, and refused to be arrested and stopped the stage driver and prevented his surrender. Learning that he had a lawyer with him, they engaged him, too, and he prepared complaints and warrants

charging Bill Quimby, Dr. Morris and his son, and Mike Drea with horse stealing, or haboring such and receiving stolen horses, the exact charge, he no longer recalls. They were arrested and on their application, as he remembers, their hearings were adjourned by the court for two weeks, and they were guarded in Quimby's store in Douglass

"In the meantime, that lawyer was employed generally to defend them in all prosecutions then pending, or thereafter commenced, growing out of said killing, and he remained there at the hotel, awaiting developments. Qumby's home was probably 500 feet from his store, and the next day after his arrest, and while he, the two Morrises and Drea were thus confined in the store, and hundreds of armed men guarding them, or on the lookout for a rescue party of outlaws, said to be on their way from Wichita for the purpose of releasing them and killing the men who shot one of the Booths and Smith and hung the other Booth and Corbin, their friends; when out from their home came Mrs. Quimby, revolver in hand, her long hair rustling in the breeze, and she made a "bee-line" to where her husband was. Everybody seemingly yelled to her to "Stop!" or to "Stop her!" Hundreds of men drew gun or revolver, rushed before her, threatening to shoot her if she did not stop, but pushing her revolver in their faces, she cleared an opening and rushing into the store, handed her revolver to her husband, saying: "Take it and shoot your way out, or die like a man. Otherwise they will kill you as they would a dog." But the guns were upon him, with the admonition that, "If you dare to touch that revolver, you are a dead man." He hesitated, turned away and she returned (screaming defiance and vengeance) to her children.

The lawyer, as usual with him that afternoon, took a walk out from the town, and when nearly to the hotel on his return was met by three men, a large crowd following, when what seemed to be the spokesman said to him: "Here, you! We want you to get out of this town as quick as possible, and we don't want you to wait upon the order of your going, either." The lawyer had learned by this time that any kind of a suspicion against a man ripened into conviction conclusive very quickly, and his first thought was that some evil disposed person had poisoned the minds of the mob against him, and hence his order to leave, and of course his fighting blood was at a white heat instantly; and he said: "Here, you fellows. You don't know who I am. I served four years in the United States army, and was shot twice on the field of battle to make this country free, and no damned outfit is going to tell me when I shall leave this town, or how I shall travel; and if any of you want to try that issue with me, make your bluff good, and see how you come out!" Thereupon the spokesman said: "Don't be a damned fool! You have been employed by us, as our attorney; and for reasons sufficient to us, we don't want you here any longer. Therefore, we want you to leave for home at once." Thus admonished and mollified, he replied: "But the stage is gone and I have no other mode of

conveyance." To which he replied, pointing to hundreds of horses hitched nearby: "Take your choice of any of those horses. He is yours on your fee and we will settle with the owner." But he said: "It is growing cold, a norther is in evidence. It is late in the afternoon; it's nearly forty miles to Arkansas City, where I live, and I have no overcoat, no gloves, no spurs, and in these times I need for such a trip, revolvers, but have none." Thereupon they said to a young man about the size of the lawyer, with a new overcoat on: "Get out of that overcoat and give it to him." That was done, another gave him a new pair gauntlet gloves, another a large comforter, another an elegant belt and holsters and a pair of ivory-handled seven-shooters; and another $150 in gold. He selected a large, splendid roan horse with new bridle, blanket and saddle, and they telling him that they would look after his hotel bill, he gladly mounted and rode away, followed and soon overtaken by a veritable blizzard that covered the whole country with snow three or four inches deep on the level, through which he miserably wended his way, arriving at his home about 3 o'clock the next morning. The night following, Quimby, Doctor Morris, his son, and Mike Drea were taken to a tree down on the Walnut river, southwest of Douglass, and there hung.

The next day, about 4 o'clock p. m., the lawyer received a letter from his employers calling him to Douglass at once. He started promptly, facing as he went another blizzard from the north, and after much suffering, he and the companion bringing him the summons, finally late at night, came upon the home of John Irwin, and sheltering their horses behind a hay stack, went to the house, a log structure without chinking, with wagon sheets fastened on the north and south sides to keep out the snow. John, his wife and little daughter were in the only bed in the house; five or six others were ahead of them, who had placed their wagon sheet on the dirt floor, lain down with their clothes on in front of the improvised fire-place, covering themselves with the few blankets they had, when room was made for the new corners, who spent the balance of that night miserably, indeed, but it was life, whereas death lurked on the outside. When morning came they wended their way to Douglass, where they found that seemingly all of the men had stampeded to somewhere in the Flint Hills, where they were in hiding. Putting up at Lamb's hotel, the lawyer finally got into communication with them, and after some days—the weather moderating—they returned; when rumor had it that Lieutenant Wallingsford, of the United States army at Abilene—a notorious outlaw afterwards dismissed from the service—with hundreds of outlaws sworn in as deputy marshals, in which a newly organized company of militia at and above Augusta, would not fire into each other. Those on the west side were concealed, those whom they suspected of having killed their said friends. In fact, two men came in, their horses covered with sweat, claiming that they had been chased by some of that gang, who were then on their way

there, only a few miles out. Everybody seemingly believed that and organized for war then and there. Two battalions of about three hundred men each were advanced along the main road, just outside of Douglass, one on the east of that road and the other on the west side, separated so that in firing on the enemy coming in over that road, they would not fire into each other. Those on the west side were concealed, as the writer now recalls, in a corn field, and those on the east in tall grass, while probably one hundred and fifty men were advanced half a mile further north with skirmishers, front and flank army fashion, thrown forward with orders to skirmish with the enemy, slowly falling back, and thus drawing them into the fire of the forces left and right, when they were to be annihilated.

It was a beautiful, moonlight night, and when all was ready, over the protest of the fighters, who insisted they would be killed sure, the lawyer, with one companion, started to meet the invaders with the idea of persuading them, if possible, to halt and go back. Meeting no one, however, they passed through Augusta and arrived at El Dorado just at dawn, where they learned that a militia company had been formed by the friends of the murdered men at Augusta, who had called upon the Governor of Kansas for arms, and that his adjutant general was then in the hotel, with arms, ammunition, etc., for one hundred men, having arrived the evening before. The lawyer then repaired to the general's room, where he informed him that the organization of said militia company, and their armament meant civil war, as the men who had killed the alleged outlaws and their freinds[sic] meant every man and boy old enough to fight in southern Butler and northern Cowley counties. That they were largely old soldiers, fresh from fields of battle, fully armed, ably officered, and were ready to fight and would fight any and all persons, officers or not, who dared to try to arrest them, and that the best thing he could do was to ship his war materials back to Topeka, and hie himself there, and allow the excitement to subside, when the lawyer would undertake to have the alleged murderers surrender themselves to the sheriff, under said warrants. This was agreed to, the parties responsible for his presence so notified, and after eating breakfast with the lawyer, he and his war materials left for Topeko,[sic] and the lawyer and his companions left for Douglass, where they learned that parties had come in after they left and reported both killed by said outlaws, and, strange as it may seem, believed what they heard, no matter how absurd.

After much wrangling and some days of deliberation, it was finally determined that those for whom warrants were out should go to El Dorado and surrender themselves to the sheriff, but that all others should go with them, as the sheriff and everybody else who dared criticize such lynchings were classed as like outlaws. In the meantime another violent snow storm was in evidence, and on a very cold day, amidst a deep snow, the cavalcade, late in the afternoon, started, passing through Augusta—which was classed as hostile territory—about sundown. They

continued north and west into camp in the timber about our miles below El Dorado. The wagons were drawn up in a circle, horses on the inside, guards were stationed outside, the snow shoveled off, tents put up, supper cooked. Aye, ham, eggs and coffee—black coffee—and a feast had, after which the men, other than those on guard, slept until morning, when a like breakfast was had, and all then went into El Dorado, where these men, and their friends, reported to the sheriff, and all then went before three justices of the peace (their names are not now recalled) theretofore arranged for, and their cases set down for trial a few days later, and the amount of the bonds for the appearance of each fixed by the court. The question of who their sureties should be, coming up, the lawyer then stated that he was directed by his clients to say that 'No bondsmen had been provided, and none would be, and that the court must admit them to bail on their own recognizance, or they, would go home without, and be ready for trial as ordered.' After much wrangling by lawyers employed to assist in the prosecution, the general commanding said: 'Here, you fellows! It is getting late, the weather is cold and we have a long cold ride to make, in order to get to our homes. If you want these men to sign their bonds to be back here, do it quick. Otherwise we and they will depart now.' Cavil then ceased, the bonds were signed by each of the defendants, and all left for home. At the time appointed they and their said attorney were on hand, and separate trials demanded and the grind commenced before the three justices of the peace, which ended after some weeks, in the discharge of all but three, who gave bond to appear in court in April following. In the meantime, and when, the writer does not now recall, but the paper will show, an article appeared in the Walnut Valley Times, purporting to be, as he now recollects signed "798 Vigilantes," to the effect that the people coming into that country were mostly old soldiers and that their property consisted largely of their teams, wagons, harness, plows and a scanty supply of meager household goods, and that without their teams they could not live and care for their families, and would have to go back from whence they came, and that they did not propose to do that, but in order to stay, the horse thieves then infesting that country, and their friends, must go. That they had killed four on November 4th and four on December 4th, and that they proposed to kill four on the 4th of every month thereafter until all were gone, and that any attempt to prosecute them therefor, meant death, or words to that effect, after which it is hardly necessary to recite that many left between two days that none had suspected of wrongdoing.

On the second day before the April term of the district court commenced in 1871, that lawyer, then living at Belle Plaine, in Sumner county, repaired to Douglass, and the next day the said defendants and about three hundred of their friends, with teams loaded with feed and provender for man and beast, and fully armed, with him wended their way to El Dorado, where they went into camp, just outside of the vil-

lage on the Walnut river, near sundown. The general and his adjutant with said lawyer repaired to the hotel, where they were assigned to a large room with three beds in it and a table in the center, where they spent the night, during which an officer would appear and the following formula would be gone through with. Officer: 'Captain — and — men from — are here and await your orders as to where they shall go into camp.'" General: 'Give Captain — my compliments and tell him to go into camp on the west of the line, facing out, and post guards accordingly, and await orders.' And so it went on until late at night, when Captain — from Hickory Creek reported with eighty-nine men and was directed likewise, and when dawn arrived, El Dorado was girded with armed soldiers from the Walnut river below to that river above. On the way up from Douglass, the general, in conversation with the lawyer said: 'You will not have to defend these men.' When he asked why, that officer replied: 'Young man, you need not concern yourself about that.' And the lawyer subsided, without the least idea of what he meant thereby. After an early breakfast the next morning, the general, adjutant and lawyer were joined by two other officers, all fully armed, when the general remarked to the lawyer: 'Come with us.' When all started down the street towards the court house. When opposite the county attorney's office they met the judge of that court, when the general said to him: 'Judge, our people came into this country to make themselves homes, where they hoped to rear their children, and found it infested with horse thieves and their friends, who stole their horses and robbed them of the means to support their families. The law was powerless to protect them and they were forced is self-defense to kill some of them, when the others decamped. Three of our men have been bound over in your court today, therefore, and this is to notify you that these men will not be tried, and if necessary to kill some officials to prevent that, their blood will be upon their own hands, not ours.' He turned and walked into the county attorney's office. The judge said to the lawyer: 'Sir, what means this?' He replied: 'You know as much about that as I do. Had I dreamed that such was their mission I would not have been with them, but, judge, they have killed eight men; they have families; they believe that killing was necessary under all the circumstances, and desperate at the thought of prosecution long continued, there is no telling what they may do. 'He replied: 'Are you not their lawyer? It is your duty as an officer of court to control and hold them in check.' He replied: 'That is all very true in theory, and no lawyer has a higher appreciation of his duty as such than myself; but, judge, I am very much in love with life, and especially with a little girl who is wife to me, and I am not going to abandon the one to throw away the other by playing with these men the game you suggest.' Then he said: 'Then it is your duty to withdraw and refuse to defend them, under such circumstances.' To which he replied: 'Oh! That is all very fine theory, but it won't work in this case. First, because if I

did that, it would be my duty to surrender back to them the considerable sums of money they have paid me, and having spent it, I cannot do that. Second, because, just how much I may know about said killing is Greek to hundreds of them, and if I did that, some of them might conclude therefrom that I was ready to betray them to courts and officers of the state, and I am somewhat ticklish about my throat and I love my wife, so I prefer to stay with her and let matters drift, rather than to follow the eight into that bourne from whence no traveler has returned; and if you are like circumstanced I would suggest that discretion is the better part of valor, and those men had better be discharged and sent back home today, else your wife may be a widow. They indulged in like talk to the county attorney. Later when the lawyer arrived in court it was jammed with the vigilantes. The judge, as pale as death, took his seat upon the judicial bench, when the county attorney, likewise pale, arose and said: 'If Your honor please, too much blood has been recently shed in this county already and I doubt if, under present conditions, convictions can be had in these cases (naming the three), and further blood might be shed, and I therefore move the court to dismiss these cases, and discharge these defendants, that they go hence without delay.' And the court said: 'The order is so made, and these defandants[sic] are discharged.' And thus ended what was then known as the Butler County War.'"       W. D. Hackney.

The number of criminal cases in the district court up to the present time is 1,367, and of civil cases, 8,560. Many of these cases were of great interest at the time and some of the most brilliant lawyers in the West have tried cases here. It can be truthfully stated, however, that nearly all of the trials have been conducted by our local attorneys and it is very seldom that litigants have deemed it necessary to import lawyers from outside the county, and when they did were often disappointed with the results. It was the custom here as elsewhere when the country was new for lawyers to travel with the judge from one county to another and attend the sessions of the court, expecting employment in cases to be tried; but this has become unprofitable and was entirely abandoned many years ago.

Of the numerous attorneys who have resided in the county and practiced here, the large majority only remained a short time. Many have found it impossible to establish themselves and soon removed elsewhere. Others, more patient and plodding, not expecting to make their fortunes in a day, remained, and some of the latter are still with us. Generally, it can be said of these that they have done well and have become substantial citizens and are possessed of a reasonable amount of the good things of this life. Of the attorneys who have practiced at this bar but comparatively few have died. Several of these were among the leading lawyers of the State. Some were more brilliant than others. Nearly all were good attorneys and successful practitioners. All of these

have long since gone on before: Eugene L. Akin, William T. Galliher, George Gardner, Eli N. Smith, Alfred L. Redden, Col. Henry T. Sumner, Col. William H. Redden, Israel A. Moulton, Daniel M. Bronson, W. D. Carpenter.

Butler county has been fortunate in the members of the bar. Some attorneys in nearby counties have been disbarred for unprofessional conduct; others have become habitual drunkards; some have been prosecuted and convicted of crime; but it is to the credit of the bar of this county that our lawyers have been generally law-abiding, honorable and worthy citizens.

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