Horace Greeley once said that the only good use a lawyer could be put to was hanging, and a great many other people entertain the same opinion. There maybe cause for condemning the course of certain practitioners of the law, but the same may be said within the ranks of all other professions. Such men should not be criticised as lawyers, doctors, or the like, but rather as individuals who seek through a profession that is quite essential to the welfare to the body politic as the science of medicine is to that of the physical well being, or theology to the perfection of the moral nature, to carry out their nefarious and dishonest designs which are usually for the rapid accumulation of money, although at times for more evil and sinister purposes and which are the instincts of naturally depraved and vicious natures. None of the professions stand alone in being thus afflicted. All suffer alike. The most holy and sacred offices have been prostituted to base uses. And it would be quite as unreasonable to hold the entire medical fraternity in contempt for the malpractice and quackery of some of its unscrupulous members, or the church, with its thousands of sincere and noble teachers and followers, in derision for the hypocrisy and deceit of the few who simply use it as a cloak to conceal the intentions of a rotten heart and a corrupt nature, as to saddle upon a profession as great as either the short comings of some of its individual members.

By a wise ordination of providence, law and order govern everything in the vast and complex system of the universe. Law is everything -- lawyers nothing. Law would still exist, though every one of its professors and teachers should perish from the face of the earth. And should such a thing occur, and a new race spring up, the first instructive desire of its best men would be to bring order out of chaos by the enactment and promulgation of wise and beneficial laws. Law in the abstract is as much a component part of our planet as are the elements, earth, air, fire and water. In a concrete sense, as applied to the government of races, nations and people, it plays almost an equally important part. Indeed, so grand is the science and so noble are the objects sought to be accomplished through it, that it has inspired some of the best and greatest men of ancient and modern times to an investigation and study of its principles, and in the long line of great names handed down to us from the dim and shadowy portals of the past, quite as many great men will be found enrolled as members of the legal profession as in any of the others, and owe their greatness to a sound knowledge of the principles of law and a strict and impartial application of them. Draco, among the first and greatest of Athenian law-givers, was hailed as the deliverer of those people because of his enacting laws and enforcing them for the prevention of vice and crime, and looking to the protection of the masses from oppression and lawlessness. It is true that many of the penalties he attached to the violation of the law were severe, and even barbarous, but this severity proceeded from an honorable nature, with an earnest desire to improve the condition of his fellowmen. Triptolemus, his contemporary, proclaimed as laws, "Honor your parents, worship the Gods, hurt not animals." Solon, perhaps the wisest and greatest of them all, a man of remarkable purity of life and noble impulses, whose moral character was so great and conviction as to the public good so strong that he could and did refuse supreme and despotic power when thrust upon him, and thus replied to the sneers of his friends:

What is true of one nation or race in this particular is true of all, viz., that the wisest and greatest of all law makers and lawyers have always been pure and good men, perhaps the most notable exceptions being Justinian and Tribonianus. Their great learning and wisdom enabled them to rear as their everlasting monument the Pandects and Justinian Code, which, however, they sadly defaced by the immoralities and excesses of their private lives. Among the revered of modern nations will be found, conspicuous for their great services to their fellows, innumerable lawyers. To the Frenchman the mention of the names of Tronchet, Le Brun, Portalis, Roederer and Thibaudeau excites a thrill of pride for greatness and of gratitude for their goodness. What Englishman or American either but that takes just pride in the splendid reputation and character of the long line of England's loyal lawyer sons? The Bacons, father and son, who, with Lord Burleigh, were selected by England's greatest queen to administer the affairs of state, and Somers and Hardwicke, Covvper and Dunning, Elden, Blackstone, Coke, Stowell and Curran, who, with all the boldness of a giant and eloquence of Demosthenes, struck such vigorous blows against kingly tyranny and oppression; and Eskine and Mansfield and a score of others.

These are the men who form the criterion by which the profession should be judged. And in our own country have we not names among the dead as sacred and among the living as dear? In the bright pages of the history of a country, founded for the sole benefit of the people, and all kinds of people, who, more than our lawyers, are recorded as assisting in its formation, preservation and working for its perpetuity. And among the best and truest sons of our own state and the good counties of Cass and Bates are their lawyers, men who are capable of feeling and uttering such divine sentiments as: "With charity for all; with malice towards none."

JUDGE JOHN DANIEL PARKINSON was born in Lafayette County, Wisconsin, January, 1839, three years after Wisconsin was organized as a territory, and ten years before it became a state. His father, Peter Parkinson, who was born in Tennessee, moved in 1819, with his father, Daniel M. Parkinson, to old St. Jacobs, opposite St. Louis, in Illinois. After remaining there but one year, they moved to Sangamon County, and there stopped until 1827, going thence to the Territory of Wisconsin, and settling near Galena. There the judge was born, and there he grew up amid the wilds of that wilderness country. At sixteen years of age, he entered the University of Wisconsin, and in 1861, graduated with honor under the care of Dr. Lathrop, its honored president. After his graduation he became a teacher in the university for three years. He read law in the offices of G. B. Smith and John D. Gerney, and subsequently attended law lectures in 1864-5, at the University of Michigan, at Ann Arbor, where he graduated in the law department. In 1866, he was admitted to practice in the courts of Wisconsin. He came to Greenfield, Dade County, Missouri, where he commenced the practice of his chosen profession, and continued it until the spring of 1872, with great success, when he was elected Circuit Judge of the Twenty-fifth Judicial District, serving until January, 1881. In June, 1881, he moved to Butler and formed a law partnership with John W. Abernathy, a leading attorney of the county. Judge P. married Miss Mary L. Fulton, daughter of Rev. W. R. Fulton, late of Greenfield, Missouri, in December, 1870. By this union they have three children living: Mary Fulton, Elizabeth McCullum and Philip Fulton. They lost two in infancy. Judge Parkinson's mother was Mary A. Wilson, born in Ohio. His great grandfather, Peter Parkinson, came from England in 1774, and settled in the Shenandoah Valley, Virginia. After serving through the Revolution, he moved to East Tennessee, where his grandfather lived, and in 1790, located near Nashville where his father was born in 1812. Politically, he is a Democrat. He is a supporter of the Presbyterian Church, his wife being a consistent and devoted member thereof.

SAMUEL P. LASHBROOKE, ESQ. was born in Mason County, Kentucky, April 21, 1848. He was there reared to manhood, attending the common schools of his neighborhood, and in 1866, 1867-68 he was a student at the Washington College, at Lexington, Virginia, which was then under the management of Professor Lee. That institution is now known as Washington-Lee University. In the fall of 1868 Mr. L. began the study of law at Maysville, Kentucky, under E. C. Phester, now the member of Congress from that district, with whom he studied till 1870. In that year he was admitted to the supreme bar of Kentucky. After his examination he began practicing at Maysville, where he remained till the fall of 1872, when he came to Butler, Missouri. Since his arrival at Butler, he has been a prominent and successful practitioner. Mr. Lashbrooke was united in marriage, October 1, 1879, with Miss Sallie Beunebaker, a native of this state. They have one child, Morton P. In 1884 he enlisted in the Confederate Army, in Company C, Fourth Kentucky Cavalry, serving till he was taken prisoner, December 13, 1864, at Kingsport, Tennessee. From that time till June, 1865, he was a prisoner at Camp Chase, Ohio.

THOMAS W. SILVERS, ESQ. was born in Davis County, Iowa, December 12, 1851. When three months old he was taken by the family to Decatur County, Iowa, where he was reared to manhood, there receiving his education. His youthful days were spent in following agricultural pursuits. In 1871 he began the study of law, under the guidance of Worner & Bullock, of that county, remaining so engaged till 1873, in which year he removed to Bates County, Missouri and for one year he was occupied in teaching in the city schools of Butler. Returning home to Iowa he gave his attention to the practice of law at Leon, until 1877, when he again came to Butler and continued his practice. In 1880 he was elected to the office of prosecuting attorney. Mr. Silvers was married July 30, 1874, to Miss Eva Thompson, a native of Iowa. They have three children: Gertrude L., Samuel L. and Lon O. They are members of the Christian church.

HON. WILLIAM PAGE. The subject of this sketch is a native of McHenry County, Illinois, and was born October 4, 1842. He was brought up in the county of his birth, and received his education at the city schools of Marengo, Illinois, and the university of Chicago. In 1862, he began the study of law with the firm of Church & Kerr, with whom he remained a student for three years, during which time he attended the terms of 1873-4 and 1874-5 at the Michigan University at Ann Arbor. He became a graduate of that institution in the latter year. In May 1865, he was admitted to the bar of the Illinois Supreme Court, and in July, 1865, he came to Bates County, Missouri, and began practicing at Pleasant Gap, which was then the county seat. In the spring of 1866, Mr. P. removed to Butler. When first coming to this county, he became a law partner of Judge David McGaughey. They remaining together till 1869, when A. T. Holcomb became associated with him. They were identified as a firm till 1874, when L. T. Page, engaged with him in the practice of law. In 1877 he began business alone. Mr. Page was married August 13, 1873, to Miss Mary A. Slater, a native of Texas. In 1866, he was appointed county attorney, serving in that capacity three years. From 1879 to 1881, he was mayor of Butler. In 1877, he was the Republican nominee for representative, and in 1880, he was that party's choice for circuit judge. He is a member of the Masonic fraternity.

THOMAS J. SMITH, ESQ. came originally from Edmonson County, Kentucky, where he was born March 24, 1849. He was reared in his native county and during 1869, 1870 and 1872 he attended Urania College at Glasgow, Kentucky. In 1872 he began the study of law which he continued till 1873 when he was admitted to the bar of Edmonson County, and in that year he became deputy circuit clerk there. This position he held till 1875 when he commenced the practice of law. In 1877 he was appointed to fill a vacancy in the circuit clerk's office, and he discharged his duties in this capacity for six months . Continuing practice till 1879, he came to Butler and in December, 1881, he became a member of the present firm of Lashbrooke & Smith. Mr. S. was united in marriage, January 24, 1882, to Miss Mary Allen, a daughter of Dr. Allen of Mackville, Kentucky. He is a member of the Masonic fraternity, and is junior warden of blue lodge and master of the third veil in the chapter. He also belongs to the Baptist Church. Mr. Smith is the present city attorney and has held the office of city clerk since 1881.

PHINEAS H. HOLCOMB, ESQ. was born in Gallia County, Ohio, April 26, 1841. He resided there during his minority, and from 1861 to 1863, inclusive, he attended the university at Athens, Ohio. In 1865 he was a student at the Michigan University, at Ann Arbor, in the law department. Previous, however, to this time (in 1864) he was a law student in the office of General A. T. Holcomb, of Vinton, Ohio, with whom he was engaged in studying for three years. In 1866 he went to Nicholas County, Kentucky, where he devoted his attention to school teaching for one year. He then returned home, and was admitted to practice in the supreme court of Ohio. In 1867 he moved to Dade County, Missouri, and was there occupied in the practice of law for one year. Coming to Butler, he has continued to prosecute his profession here. Mr. Holcomb was married December 6, 1876, to Miss Mary L. Henry, a native of Ohio. They are members of the Presbyterian Church. In 1862 Mr. H. enlisted in the United States army, in Company K., Sixtieth Ohio Volunteer Infantry. At the battle of Harper's Ferry, he was taken prisoner, and was at the parole camp at Annapolis for a short time, when he was removed to Camp Douglass. Here he remained until the company was disbanded.

J. S. AND S. P. FRANCISCO, ESQRS. These gentlemen compose the firm of Francisco Bros., attorneys-at-law, at Butler, and are considered as being among the prominent attorneys in the place. Their parents, Andrew and Joan (Christy) Francisco, were natives of Kentucky, and emigrated to Missouri in 1858, locating in Saline County, which is the native home of J. S. and S. P., the former having been born August 7, 1855, and the latter June 14, 1858. They were brought up on a farm and received a primary education in the common schools. Each attended the Kirksville Normal School, after which they took a thorough course in the Warrensburg Normal School, from which institution they both graduated -- S. P. in 1878 and J S. in 1879. S. P. also attended the literary department of the University of Michigan. In 1879 they began, the study of law, S. P. Francisco in the office of O. L. Houts and his brother at home. They then attended the law department of the University of Michigan and graduated there in 1881, and in June of the same year located in Butler, where they have since been engaged in the practice of their profession. S. P. was admitted to the bar at Warrensburg February, 1880, and J. S. in June, 1880. At the primary election September 16, 1882, Mr. S. P. Francisco was nominated by the Democratic party for the office of prosecuting attorney of Bates County, and received the nomination again of that party in the fall of 1882, being successful each time.

JOHN WILLIAM ABERNATHY, ESQ. The grandparents of J. W. Abernathy, both paternal and maternal, were natives of Virginia, His parents, William and Mary Lee Abernathy came originally from Ohio. John is the only child of William and Mary Abernathy, and was born in Putnam County, Illinois, April 28, 1852. When he was three years of age, the family moved to Cumberland County, Illinois. William Abernathy was by profession a physician, but abandoned this calling in 1868, and located on A farm. The subject of this sketch was from this time until he attained the age of twenty years engaged in working on a farm during the summer and teaching school during the winter seasons, teaching his last term in the public schools of Prairie City, Illinois. Here he studied law with Brewer & Warner, and in June, 1875, he was admitted to the bar of the Supreme Court of Illinois, at Mount Vernon. During the same year he located at Butler, Missouri, where he has since been occupied in the practice of his profession, and is now one of the most prominent of the Bates County attorneys. The firm of which he is a member (Parkinson & Abernathy) was formed in May, 1881. Mr. A. is a member of Butler Lodge, No. 254, A.F. and A.M. October 19, 1880, he was married to Miss Katie B. Hereford, the marriage taking place at Covington, Kentucky. Mrs. A. was a daughter of B. P. and Kate Hereford, the former a prominent attorney of Covington. Mr. Abernathy is young, ambitious and energetic, and is destined not only to occupy a prominent place at the bar of Southwest Missouri, but, we doubt not, will ere long be called to bear aloft the standard of his party (Democratic) for some high official position of honor and trust.

JOHN T, SMITH, JR. One among the attorneys of Butler who is worthy of more than a passing notice is he whose name stands at the head of this biography. He is a son of John T. Smith, Sr., who now resides in Kirksville, Adair County, Missouri, but originally from Tennessee, he having settled in Howard County among the first settlers, afterwards locating in Kirksville, where he was for many years engaged in mercantile pursuits. In 1856 he represented Adair County in the Legislature. He also presided over one of the first territorial conventions of Montana. John T. Smith Sr. was married to Miss Sarah A. Good, a native of Kentucky, and a daughter of William Good, one of the prominent citizens of Casey County, Kentucky, he having been a representative of that county and first elected when twenty-two years of age. John T. Smith, Jr., is one of a family of eight children, three daughters and five sons, four of the latter selecting the law as a profession. John T. was born in Kirksville, Missouri, July 17, 1850. He was reared and educated in his native town, and was a member of the first class graduated from the Kirksville Normal School in June, 1872. The following year he was elected to the position of Professor of Chemistry, Geology and History of the same institution, having accepted the position for the purpose of fulfilling his obligation to that institution, when he became a student of the state institution. After the close of his engagement he entered the office of Ellison & Ellison, attorneys of Kirksville, (one of whom is now circuit judge of Adair County), and in March, 1874, he was admitted to the bar by Judge Henry, (now one of the supreme judges of the state). The same year he was admitted to the profession he located in Butler, Missouri, where he has since resided. In 1876, he was nominated and elected by the Democratic party as prosecuting attorney of Bates County, performing his official duties to the satisfaction of the people and with credit to himself. Mr. S. is a member of Butler Lodge No. 254, A.F. & A.M, September 7, 1877, he was married to Miss Ida Jacobs, of Ohio, who was a daughter of Button and Elizabeth (Kirk) Jacobs, also natives of Ohio, The family of Mr. and Mrs. S. consists of but one child. Kirk.

P. C. FULKERSON, ESQ. is a son of James and Fannie E. (Hereford) Fulkerson, who were natives of Virginia. James Fulkerson studied law in his native state, and moved to the eastern part of Kentucky, where he was engaged in the practice of his profession till his death. P. C. Fulkerson was born in Louisa, Lawrence County, Kentucky, January 21, 1848. In 1858, he with his mother and stepfather, moved to Milan, Sullivan County, Missouri, where they resided till 1865, then locating in Elwood, Saline County. Mr. F. was educated in the common schools and in the Central College of Fayette, Howard County, Missouri. During his boyhood days he was clerk in a store, and in 1872, he located in Burdett, Bates County, where he was interested in the mercantile trade till 1875, when he accepted the position of deputy county clerk under W. A. Walton. He acted in that capacity till 1877. During that time he was engaged in the study of law, which he completed under Judge L. B. Valliant, of St. Louis. In July, 1879, he was admitted to the Bates County Bar, since which time he has given his attention to the practice of his profession. February 10, 1880, Mr. Fulkerson was married to Miss Jennie Patty, a daughter of J. M. Patty, a sketch of whom may be seen elsewhere. The family of Mr. F. consists of one child, Samuel M.

F. COLEMAN SMITH, ESQ., insurance and real estate agent and attorney at law, is a son of Robert N. Smith who was a native of Yorktown, Virginia, and who was born June 6, 1794. He was reared in Virginia and there married, on December 14, 18 15, Miss Mary Fry, a native of that state. They moved to Kentucky in 1817 and to Missouri in 1844. Robert N. Smith was a highly educated man, being well versed in 'the classics and for twenty-seven years was engaged in teaching school in Kentucky. When he came to Missouri he located near Lexington, Lafayette County, where he was interested in farming till the time of his death which occurred April 10, 1877. His wife died August 6, 1866. Unto Mr. and Mrs. Smith were born eleven children, two of whom are now living. F. C. Smith was born in Jefferson County, Kentucky, February 11, 1842. He was reared in Lafayette County, Missouri, and here attended the common schools till he was thirteen years of age. He then entered the St. Paul College of Palmyra, Missouri, remaining four years, after which he was a student at the University of Virginia where he stayed two years and until the breaking out of the civil war of 1861. He then enlisted in Bledsoe's Battery of Missourians. In four months he was taken sick and returned home. The following summer he enlisted in Bledsoe's Battery of General Joe Shelby's command and remained in service till the close of the war, when he was discharged as lieutenant. He then went to Mexico and from there to California, where he stopped till the spring of 1866 when he returned to Lafayette County, Missouri. He was there engaged in teaching school and farming till 1872 when he went to Santa Fe, New Mexico. While there he studied law, and in two years retraced his steps to Lexington, Missouri, and was admitted to the bar in 1874. In 1876 he came to Butler and devoted his attention to the stock business till 1880, since which time he has been occupied in his present business. April 11, 1876, Mr. Smith was married to Miss Madaline McNaught Taylor, by whom he has three children: Mary E., Ella T. and Robert J., Mrs. S. was born in Rockbridge County, Virginia. She was the daughter of Rev. Robert J. Taylor, a native of Virginia, where he died in 1873. Her mother, whose maiden name was Eliza McNaught was also a native of Virginia and died when Mrs. S. was but a child.

JUDGE DAVID McGAUGHEY was born in Mount Carmel, Franklin County, Indiana, August 26, 1826. His father, who was born in Pittsburg, Pennsylvania, was of Scotch-Irish descent and a farmer by occupation. His mother was formerly Mary Clark, born on Indian Hill, Hamilton County, Ohio, in 1810. David's grandfather, also David McGaughey, was born in the north of Ireland, and, owing to political troubles, came to this country and settled in Virginia in 1772. He was one of the first to enter the revolutionary war with General Washington, whose aid he was, and with him he remained to the close of the war. He first saw his wife on the battle field of Monmouth, the battle being on her father's farm. Her name was Mary Lytle, and she was married in New Jersey after the war and moved to Pittsburg, Pennsylvania. In early life the subject of this sketch attended the common schools, and in 1845 entered Miami University, where he remained three years. On leaving the university he devoted himself for several years to teaching in different localities south and west, and in June, 1854, he entered the law office of Governor Wallace at Indianapolis. In the summer of 1855 he emigrated to DesMoines Iowa, and engaged in locating land warrants for eastern parties and in surveying. He was elected a member of the first city council of Des Moines. In 1858 he removed from DesMoines and located at Hackbury Ridge, Andrew County, Missouri, where he taught school a few months, and the next year he commenced the practice of his profession at Albany, the county seat of Gentry County. In 1860 he was elected county superintendent of public schools. For a time during the war the judge resided at Falls City, Nebraska, and while there he was elected prosecuting attorney of Richardson and appointed superintendent of schools by the county court. After the close of the war in August, 1865, he came to Bates County, Missouri. He has for several years served the county as superintendent of schools, and has been president of the board of directors of the Butler Academy. He was appointed by the county court in February, 1866, county seat commissioner. While acting in that capacity the present court house and county jail were built. He also closed up the sale of the county court house and property at Papinville, the old county seat, and sold it to Philip Zeal. On the organization of the Twenty-second Judicial Circuit, in 1869, Mr. McG. was elected the first circuit judge. While he was circuit judge the $400,000 Kansas City & Memphis Railroad bond swindle question, in the form of an injunction, and also the $200,000 of the same kind on the Missouri, Kansas & Texas Railroad, were both defeated by his decision in favor of the people of the county, and because of that the people of Bates are free from a railroad debt. In religious belief the judge is an Old School Presbyterian and is an elder in the church at Butler. He is Republican in politics, and was an officer in the first Republican club organized west of the Mississippi River in Iowa. In October, 1875, he was married to Miss Dorcas Tattle, of Bates County. They have two children, John Edwin and Mary Rebecca. Mrs. McGaughey's father, David Tuttle, was born in Virginia, and her mother, formerly Rebecca Buckels, came from Ohio.

The following are some of the attorneys who came before the war:

West & Stratton.
W. Patrick Green.
Miles Brown.
Hollingsworth & Smith.
Starnes & Smith.
Freeman Barrows.

The following came after the war:

Thomas H. Starnes came to Bates County in 1856 or 1857, and died in August 1866.
William Page came to Bates County in July 1865.
David McGaughey came to Bates County in August 1865.
W. H. H. Waggoner came to Bates County in September 1865, left in 1867 or 1868, and no one knows where he is.
Stephen W. Horton came to Bates County in February or March 1866, and died in October 1868.
Alpheus M. Christian came to Bates County in February or March 1866, left in 1874 or 1875, and now lives in Clay County, Illinois.
Anthony Henry came to Bates County in May 1866.
Samuel A. Riggs came to Bates County in 186-.
Charles C. Bassett came to Bates County in January 1866, and moved to Kansas City in August 1881.
Calvin F. Boxley came to Bates County in April 1866.
Phineas H. Holcomb came to Bates County in 1868.
Anselm T. Holcomb came to Bates County in 1868, and moved to Portsmouth, Ohio, in 1877.
Leander D. Condee came to Bates County in 1869, and moved to Chicago, Illinois, in November 1873.
John L. Stanley came to Bates County in 187-, and was killed in August 1872.
John H. Druitt came to Bates County in 1872, and moved to Ottawa, Illinois in 187-.
J. J. Brumback came to Bates County in 1872, and now lives at Adrian, Bates County.
Thomas Burnsides came to Bates County at an early day.
Jacob S. Shaw came to Bates County before the war, and died in 1881.
H. C. Tutt came to Bates County at an early day, and died in 1882.
Allen L. Betz came to Bates County in 1865.
Thomas J. Galloway came to Bates County in 1869.
Charles H. Wilson came to Bates County in 1869, moved to Texas in 187-.
N. A. Wade came to Bates County in 1869.
Louis F. Page came to Bates County in 1872. Now lives on a farm near Adrian, Missouri.
Joseph R. Hansbrough lived in this county before the war; partially raised here; now lives in St. Louis.
W. F. Bassett came to this county at an early day.
J. L. Vickers came at an early day and now lives at Rockville.
John Smith came in 187-.
Charles T. Forbes came in 187-, moved to Eureka, Arkansas, in 1881.
Charles P. Bock came at an early day but subsequently returned to Kentucky.
S. B. Lashbrooke came in 1872.
John W. Abernathy came in 1875.
E. E. Swift came at an early day.
T. W. Silvers came in 1873.
Thomas J. Smith came in 1880.
W. O. Jackson came in 1880.
W. W. Henry came in 1881.
Peter Wilson came in 1881.
A. J. Smith came in 186-. Partially reared in this county.
S. C. Holcomb came in 1868. Partially reared in this county.
P. C. Fulkerson came in 1872.
F. C. Smith came in 187-.
Tilden Smith came in 1881.

Bates County Missouri MOGenWeb