“Do Lawyers Think, and If So, How?” with Professor Frederick Schauer

Professor Frederick Schauer examined whether thinking like a lawyer is unique to the legal profession at an alumni luncheon on April 30. Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law.
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Joseph A. Wells

Joseph A. Wells
Virginia Lawyers
Image by jajacks62
Captain, Co. H, 91st ILL. Infantry
The Chanute Daily Tribune, Tuesday, March 16, 1926, Pg 1
Volume XXXIV, Number 288

He Came to County in 1866 and Was
One of the Founders of Erie and
Of New Chicago, Now a
Part of Chanute.

Judge J. A. Wells, dean of Neosho county pioneers, passed away last evening at his home in Erie at the age of 88 years. Funeral services will be held from the Methodist church in Erie tomorrow afternoon at 2:30 and burial will be in the Erie cemetery.
Judge Wells came to this county in 1866. He was one of the founders of the city of Erie and of New Chicago, a part of Chanute. He was the first mayor of Erie and was the organizer of the first Masonic lodge in Erie. He was a thirty-second degree Mason and was secretary of the Erie chapter for forty years. He has served as justice of the peace in Erie for twenty-five years and wrote up his last case just a day or so before he was taken sick last week.
When his country needed men in the days of the Civil war, Judge Wells joined Company H, Illinois volunteer infantrymen as a private, served during the struggle and came home a captain. The year following the close of the struggle he left his home in Illinois and came to Neosho county, where he has been a factor in the development since.
Judge Wells has always enjoyed good health until a few days ago and has been unusually active for a man of his years. He took to his bed last week and was sick only three or four days.
He is survived by three sons and a daughter. The sons are Seth G. Wells, state oil inspector and editor of the Erie Record, Logan H. Wells, Fort Worth, Tex., and J. C. Wells, Los Angeles, Cal. The daughter is Mrs. Jennie Rogers, Topeka.

William G. Cutler’s History of the State of Kansas

JOSEPH A. WELLS, born in Greene County, Ill., in March, 1838; received a limited education at the district schools of his county, the most of his early life being spent on the farm, but was always acknowledged as a very apt scholar. At the age of eighteen he received a first grade certificate as a school teacher, passing an examination before the State Commissoner (sic) At the age of twenty-one he was elected a Justice of the Peace of his township. Previous to this he was, on motion, admitted to practice law before the District Court of his county. At the age of twenty-two he was married to Matilda, youngest daughter of Pleasant and Lydia Wood of his county. At the age of twenty-four he entered the service of his country as a private of Company H., Ninety-first Illinois Infantry, and by his prompt attention to business, he was rapidly promoted to the office of Orderly Sergeant, First Lieutenant and Captain of his company, and for daring acts on the battle field in and around Mobile, Ala., in March and April, 1865, he was, by the president, in special order, breveted Major of Volunteers. At the close of the war, in 1865, he returned home to his family, and a short time afterward declined the offer of a Second Lieutenancy of Cavalry of the regular army. In August, 1865, he removed to Adair County, Mo., where he bought a farm and remained until the spring of 1866, when he sold out and started for Kansas, arriving in Neosho County on the 4th of April, 1866, and bought a claim three miles northwest of where Erie is now located. In the fall of 1866 he was elected Probate Judge of Neosho County, and served as such until January, 1869. In the summer of 1867 he sold his farm and went to the woods and cut, hauled, rafted and then sawed the logs of which the Erie House, in Erie, and other buildings were built. He then, as a member of the Erie Town Company, built the first hotel ever built in the town, and moved into and occupied the same on the last day of 1867. Here he has ever since had his family residence. He, together with S. W. Fastar, bought the first piece of land for town purposes where Chanute now stands, and here he built two houses in 1870. He also completed the first business house ever built in Coffeyville, Kansas in August, 1871. He has several times been appointed Justice of the Peace of the city and was the first Mayor of the city of Erie, at its organization in December, 1869. In 1871 he was editor of the Erie Ishmaelite, a red hot local organ. In 1872 he was appointed Deputy United States Marshal, which place he held until 1874. During his two years service he was instrumental in bringing a large number of offenders to justice; those acts, coupled with the fact that he was chairman of the Erie executive committee for county seat purposes, made him many enemies as well as a large number of warm friends. In 1873 he was arrested for violation of his duties, which caused him a great deal of trouble. After two years of law bickerings the case was finally nolle prosequied. June 19, 1874, he received his appointment as one of the force of the United States secret service, which place he now holds. Among the noted criminals that he has captured he mentions those of J. S. Wilson, at Shreveport, La., in 1875, and Martin Hixley, in Sumner County, Kansas, in 1877, both of those being arrested and delivered to the proper officers, the former at Memphis, Tenn., and the latter at St. Louis, Mo. In February, 1876, he was ordered to report at New Orleans to the United States Marshal and was detailed to go to Cuba in the interest of the United States, but owing to the revolutionary state of the country at that time, the business was not arranged to his satisfaction; nevertheless the government was pleased with the tact he displayed, and for his shrewdness in the matter he was highly complimented. He mentions many other arrests and incidents of his life which would be of interest, but space forbids. He has been a Notary Public of Kansas ever since May 1, 1868, and is now engaged in the real estate and loan business. In February, 1883, was elected Justice of the Peace and City Judge by an almost unanimous vote.

Volume III, part 2 of Kansas: a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc. … / with a supplementary volume devoted to selected personal history and reminiscence. Standard Pub. Co. Chicago : 1912. 3 v. in 4. : front., ill., ports.; 28 cm. Vols. I-II edited by Frank W. Blackmar

Joseph A. Wells of Erie, Kan., is a pioneer settler of the state and the representative of a family whose patriotism is unquestioned, for four generations of the Wells family have served in as many of our wars, Judge Wells, himself, being a veteran of the Civil war. He was born in Walkerville, Ill., March 24, 1838, a son of Samuel and Mary (Powers) Wells. Samuel Wells was a native of Tennessee, from which state he removed to Illinois in 1831. There he settled on a large farm which thereafter remained his home. He was a Democrat in politics and during the struggle of 1861-65 his sympathies were with the Southland. He was the father of twenty-four children and died in 1893, at the age of eighty-four. Philip Wells, the father of Samuel and the grandfather of Judge Wells, was born in Tennessee and was a Baptist minister. He, too, became a resident of Illinois and died in that state at the age of seventy-six. His wife attained the age of ninety. Philip Wells served in the war of 1812 and participated in the battle of New Orleans under Gen. Andrew Jackson. Carter Wells, the great-grandfather of Judge Wells, represented Virginia in the patriot army during the Revolution and soon after the war removed to Tennessee. The Wells family is of English descent and very early settled in America. The maternal grandfather of Judge Wells was Joseph Powers, who was a native of North Carolina but moved to Tennessee, where he engaged in farming and reared his family. Later he moved to Illinois and thence to Missouri, where de died. Judge Wells received his education in a log schoolhouse in Illinois and began life independently at the age of sixteen. He worked on his father’s farm for a time, read law, and at the age of twenty-two was elected a justice of the peace in Illinois. Two years later, Aug. 8, 1862, the young man, inspired with the generous sentiments which actuated the flower of the youth of the North, enlisted in Company H, Ninety-first Illinois infantry, as a private under Col. Henry M. Day. The regiment was mustered in Sept. 8, 1862, left for the front Oct. 1, and arrived at Shepherdsville, Ky., on the 7th. On Dec. 27, at Elizabethtown, after an engagement with the forces of Gen. John Morgan, the regiment surrendered and the men were paroled. On June 5, 1863, it was exchanged and newly armed and equipped for the fray. The regiment was sent to Louisiana, where in the following September the brigade to which it belonged had a fight with the enemy near the Atchafalaya river, the result of the contest being that the enemy held his ground and the brigade fell back six miles. On the following day the brigade again advanced, driving the enemy across the river. On Nov. 6 the regiment started for Brownsville, Tex., skirmishing all the way with the enemy, and reached Fort Brown on Nov. 9, going into winter quarters, where it remained until Dec. 31, when it made its famous raid on Salt Lake, ninety miles out in the enemy’s country, capturing a lake of salt two miles square, a few hundred horses, mules and cattle, which were promptly confiscated for the good of the command. In September, 1864, the regiment had quite a fight with the Confederates near Bagdad, on the north side of the Rio Grande, and it was said at the time a squadron of French troops forded the Rio Grande to help the Confederates, but all to no use, for they were driven back over the "old battlefield," Palo Alto, of 1846. Throughout the siege of Spanish Fort and Fort Blakely the regiment took a very active part, and the fall of those strongholds resulted in the surrender of Mobile April 12, 1865. Company H was one of six that participated in a running engagement with Hardee after the surrender of the city, which was the last fight in which the regiment was engaged. The regiment was mustered out July 12, 1865. Besides the engagements mentioned above Judge Wells participated at Vicksburg and at Baton Rouge. During his service he was promoted to first lieutenant and during the last year of the war served as captain of his company. After the war he returned to Illinois, from whence he moved to Adair county, Missouri, where he remained six months. He then came directly to Erie, Kan., where he took a claim, proved it and sold it. In 1867 he built his home, which is the second oldest house in Erie. At this date (1911) he is the oldest continuous settler in Erie and was one of the original town-site men that established that place. He was also one of the organizers of Chanute and built the first house erected in Coffeyville. Judge Wells has always been a Republican and was the only Wells up to his time that believed in and supported the principles of that party. In 1866 he was elected probate judge of Neosho county and served until 1869. He has also served a number of years as a justice of the peace. He was admitted to the bar at Erie, Kan., in 1886, but had practiced law previous to that time. His business career has been along different lines, though his attention has been given principally to a general insurance, loan and pension business, in which he has been extensively engaged, but from which he is now retiring. He is now interested in raising fancy poultry and in past years has raised thoroughbred horses, principally trotters and pacers. In 1860 he married Matilda, a daughter of Pleasant Wood, a farmer resident of Illinois. Of their union were born six children. Loyal T. Wells, the eldest son, died in 1898, after serving five years in the regular army. Seth G. Wells, the second son, is well known to the people of Kansas through his official services and his political and journalistic activities. He was the efficient auditor of state eight years, from 1903 to 1911, and was postmaster at Erie five years preceding that. He has edited the "Erie Record" for a number of years and is one of the leading Republican politicians of the state. He was born, reared and educated in Kansas and his whole career has been one of useful activity in promoting the welfare of his state. Byron C. Wells, the first child born in the town of Erie, died in 1898. He was deputy postmaster there at the time of his death. Logan H. Wells, now an attorney at Lawton, Okla., and Jay C. Wells, a horseman at Salt Lake City, both served in the Spanish-American war, the former as a second lieutenant and the latter as a corporal. Jennie E. Wells, the only daughter, is a high school graduate and married J. E. Rodgers, who at the present time (1911) is bookkeeper for the state treasurer of Kansas and resides at Topeka. The mother of these children died in 1891, and in July, 1894, Judge Wells married Mary J. Hazen, a native of Pittsburgh, Pa. Her father, David H. Hazen, was a practicing lawyer at Pittsburgh for a number of years, but later removed to Iowa and thence to Kansas, where he died. He had enjoyed a successful business career and was a wealthy man at the time of his death. Mrs. Wells takes a prominent part in the work of the Methodist Episcopal church at Erie and is a leader in the Woman’s Relief Corps there. Judge Wells is an enthusiastic member of the Masonic order and is one of the best informed men in Masonry in Kansas. He is a Thirty-second degree Scottish Rite Mason and a Noble of the Mystic Shrine. He has served as master of his lodge ten years, as secretary about the same length of time, and is at present filling that office. He is a man of unquestioned force and probity of character and throughout a long and active career has entered heartily into every movement which would promote the growth and welfare of his town and county. He is one of Neosho county’s oldest and most honored pioneers and by an upright and useful life has won the esteem of all who know him.

Here is where his photograph is: www.flickr.com/photos/civilwar_veterans_tombstones/630650…

Trial Handbook for Virginia Lawyers, 2011 ed. (Vol. 1, Virginia Practice Seriesâ„¢)

Trial Handbook for Virginia Lawyers, 2011 ed. (Vol. 1, Virginia Practice Seriesâ„¢)

This title gives you a succinct, easy to use, reference tool to every major facet of Virginia trial practice. It provides a clear and concise treatment of questions of law that frequently arise during the trial, moving sequentially from motions during trial and selection of a jury, to summary judgments, damages, and closing arguments. The research references included contain more in—depth treatment of subject areas.

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Obituary of J. B. F. Cates

Obituary of J. B. F. Cates
Virginia Lawyers
Image by jajacks62
Probably Company E, 4th Tennessee Cavalry, C. S. A..
Below information from Kevin Ivey, Sons of Confederate Veterans, Kansas.
I have two obits (below) on Joseph B. F. Cates, but neither tell the unit he
served in. There is a Jospeh B. Cate in Co. E 4th TN Cavalry (Branner’s),
which became Co I, 2nd TN Cavalry I suspect strongly as being him, as it
was formed up in Jefferson County, which matches the location from the
obits, and the age matches, service records show 24 in 1864.
J. B. F. Cates is indeed in Mt. Hope in Independence, but he is in the
mausoleum there.

South Kansas Tribune
Wednesday, August 25, 1926
Front Page Column 1

Was Kansas Pioneer; Chief Counsel for Prairie Interest for Many Years

Judge J. B. F. Cates, aged 89, a pioneer Kansas attorney, and
from 1900 to 1917 chief legal counsel for the Prairie Oil & Gas Company,
died at his home here at 418 North 12th street shortly after 2 o’clock last
Friday morning. His death followed an illness which had lasted since
November 11, 1925.
Funeral services were held Monday afternoon at 3 o’clock from
the local Episcopal church, with Rev. T. G. Hill, rector of the Chanute
Episcopal church, in charge. Interment was made in the mausoleum at Mount
Hope cemetery, where services were held by the Elk’s Lodge, of which Judge
Cates had long been a member. The body lay in state at the Episcopal parish
house from 11:30 until 2:30 Monday. The Prairie offices closed at 2:30 for
the remainder of the day in tribute to the memory of Judge Cates.
Judge Cates had enjoyed fairly good health, and had been very
active, until last November, when he fell over a cable stretched along West
Myrtle street, where paving operations were in progress. The fall fractured
his hip, and since that time, he was confined to his home, under the care of
a nurse. Despite the fact that he was closely confined to his home, he
manifested his usual interest in public affairs.
At 2 o’clock last Friday morning he complained to his daughter,
Miss Ada Cates, who was reading to him, that he could not see through his
glasses, and death followed in but a short time.
The deceased is survived by his daughter, Miss Ada Cates, of the
home address, and two sons, Charles H. Cates of New York City, and R. W.
Cates, of the Citizens-First National bank here. Judge Cates’ wife died in
January 1925.
Judge Cates was born in Grainger county, Tennessee, April 19,
1840, a descendant of a fine old English family which had settled in
American in the colonial period. He spent his boyhood in his native state,
where he obtained a common school education. In 1860 he graduated from
Newman college, in Jefferson county, Tennessee. He served in the
Confederate army until 1864, then he was taken prisoner.
He was soon paroled, however, and went to Platte City, Missouri,
where he began to read law. He was admitted to the bar in 1867. Mr. Cates
was untied in marriage to Miss Nellie Wilhoite, of Platte county, Mo. Three
of the five children born to this union survive. For a short time he
established himself at Leavenworth, and the came to Humboldt, where he
remained for ten years as a pioneer Kansas lawyer. In 1877 he left Kansas
to open up an office in Kansas City, Mo. In 1884 he went to Florida, where
he spent three years, and then returned to this state, this time locating in
Fredonia. In 1893 he left Fredonia for Chanute, and practiced there until
1905, when he came to Independence.
From 1900 until 1917 he was chief counsel for the Prairie Oil &
Gas Company. He was one of Kansas’ oldest practicing lawyers, and was
recognized as one of the most efficient. Early in his career, Judge Cates
was attorney for Guffey & Galey, the forerunners of the Prairie system.
Judge Cates was a member of the Knights Templar here, as well as
of the Ancient Order of Nobles of the Mystic Shrine, Mirza Temple, at
Pittsburg. He was also a member of the local Elks lodge.

Independence Daily Reporter
Friday, August 20, 1926,
Front Page Column 3

Long Chief Counsel of Prairie Oil & Gas Co. Here
Judge Cates Lived in Humbolt in Early Days – Death Came at the Age of 89

Judge J. B. F. Cates, aged 89 years, retired attorney for the
Prairie Oil & Gas Co., died early this morning at the family home, 418 North
Twelfth street, following an illness since November 11, 1925.
Funeral services will be in charge of the Prairie companies, who
will furnish the pall bearers and make other necessary arrangements which
will be announced in detail either Saturday or Monday. Judge Cates had
requested that his body be taken to the Potts Funeral home to lie until
services could be held from the Episcopal church, and then taken to the
mausoleum, where the Elks should have charge.
Arrangements are held up pending arrival of one son, Charles H.
Cates of New York City, who is now on a trip in New Hampshire.
Injury Proved Serious.
Judge Cates was very active during his life time until he fell
over a wire cable stretched along the paving on West Myrtle street, where
paving operations were going on. His hip was broken, and since that time he
has been confined to is home under the care of a special nurse. Despite his
advanced years and the seriousness of his condition he manifested a close
interest in the affairs of the city.
His daughter, Miss Ada, was reading to him at 2 o’clock this
morning when he complained that he could not see through his glasses and
death followed shortly after.
The deceased is survived by one daughter, Miss Ada of the home;
and two sons, Charles H. Cates, New York City; and R. W. Cates of the
Citizens National Bank here. Mrs. Cates passed away in January 1925.
Born in Tennessee.
Joseph B. F. Cates was born in Grainger county, Tennessee, April
19, 1840, the son of Charles and Elizabeth (Lloyd) Cates. His father was a
native of North Carolina, and was reared and educated in his native state,
being the descendant of fine English ancestors, who settled in the Carolinas
during the colonial period.
Mr. Cates was the youngest of a family of three sons and three
daughters. His boyhood was spent in Tennessee, where he attended the common
schools and worked on the farm during vacations. He afterwards took a
collegiate course at Newman college, Jefferson county, Tennessee, where he
graduated in 1860. Immediately after aiding in surveying public lands in
Nebraska, he began to read law in Platte City, Mo., where he was admitted to
the bar in 1867. For a short time he located at Leavenworth. Soon after he
located at Humboldt for the active practice of his profession, bec oming a
pioneer lawyer of Kansas. He was a partner of L. W. Keplinger, now of
Kansas City, Kans., for a time.
For ten years Mr. Cates remained in Humboldt, where he built up
a good practice, but left Kansas in 1877 to open an office in Kansas City,
Mo., where he remained until 1884. From that city he went to Florida for
three years returning to Kansas and opening an office at Fredonia. From
1887 until 1893 he remained in that city, moving from there to Chanute where
he lived until 1905, when he moved to Independence.
Joined Prairie in 1900.
From 1900 until 1917 he devoted his entire time and services to
the Prairie Oil & Gas company of Independence as chief attorney for the
corporation. He was one of the oldest practicing lawyers in Kansas and had
a wide range of experience in professional work. He was admired and
respected by the men of his profession and highly esteemed by many friends
and acquaintance as a broad, liberal, and generous man.
Fraternally he was a Mason, being Knight Templar here and a
member of the Ancient Order, Nobles of the Mystic Shrine, Mirza Temple at
Pittsburg. He was also a member of the Elks lodge.
Served in Civil War.
Mr. Cates served in the Confederate army during the Civil war
until 1864, when he was captured and paroled, following which he returned to
Missouri, where he began the study of law.
Mr. Cates was united in marriage in 1869 to Nettie Wilhoite, of
Platte county, Missouri. Five children were born to the marriage of whom
three survive.
In his early career Mr. Cates was a attorney for Guffey & Galey,
pioneer oil men who afterwards sold out to the Forest Oil Company which was
afterwards reorganized as the Prairie Oil & Gas company and the offices
moved to Independence. E. T. Patterson has been with the company since the
days of the early organization of the company along with Mr. Cates.

Joseph B. F. Cates, lawyer, was born in Grainger county, Tennessee, April
19, 1840, the son of Charles and Elizabeth (Lloyd) Cates. His father was a
native of North Carolina, and was reared and educated in his native state,
being the descendant of fine English ancestors, who settled in the Carolinas
during the colonial period. He became a farmer and then emigrated from North
Carolina to Tennessee, where he became a pioneer settler west of the
Alleghany mountains. The mother, who bore the maiden name of Elizabeth
Lloyd, also was born in North Carolina, but of Welsh ancestry.
Mr. Cates is the youngest of a family of three sons and three daughters, all
of whom grew to manhood and womanhood, but he is the only one who survives.
His boyhood was spent in Tennessee, where he attended the common schools and
worked on the farm during vacations. He afterward took a collegiate course
at Newman College, Jefferson county, Tennessee, where he graduated in 1860.
Immediately after receiving his degree of A. B. Mr. Cates came West, and
after aiding in surveying public lands in Nebraska, began to read law in
Platte City, Mo. He was admitted to the bar in 1867, at Platte City, and
soon afterward located at Humboldt, Kan., for the active practice of his
profession, becoming a pioneer lawyer of Kansas. For ten years Mr. Cates
remained in Humboldt, where be built up a good practice, but left Kansas, in
1877; to open an office in Kansas City, Mo., where he remained until 1892,
with the exception of four years spent in Florida; then he returned to the
Sunflower State and located at Chanute, where he resided until 1907, since
which year he has resided in Independence. Since 1900 he has devoted his
entire time and services to the Prairie Oil & Gas Company, of Independence,
as attorney for the corporation. He is one of the oldest practicing lawyers
in Kansas, and has had a wide range of experience in professional work. He
is admired and respected by the men of his profession, and is highly
esteemed by many friends and acquaintances, as a broad, liberal and generous
man. Fraternally, he is a Mason, being a Knight Templar and a member of the
Ancient Arabic Order, Nobles of the Mystic Shrine, Mirza Temple, Pittsburg,
Kan. He has never sought political honors, preferring to devote his whole
time and attention to professional work.
Mr. Cates was married in 1869, to Nettie, the daughter of John H. Wilhoite,
of Platte county, Missouri. Five children were born to the marriage: Charles
Henry, who was educated at the Virginia Military Institute, Lexington, Va.,
and who is now a traveling salesman for a New York City house; Lloyd R.,
engaged in farming in Oklahoma; Philip F., a graduate of the Kansas City,
Mo., Dental College, who is now practicing dentistry in Oklahoma; Roscoe W.,
a graduate of the law department of the University of Kansas, now assistant
cashier of the First National Bank of Independence; and Ada F., a graduate
of the University of Kansas, class of 1906, who later spent two years at
Pratt Institute, Brooklyn, N. Y.
Pages 261-262 from volume III, part 1 of Kansas: a cyclopedia of state
history, embracing events, institutions, industries, counties, cities,
towns, prominent persons, etc. … / with a supplementary volume devoted to
selected personal history and reminiscence. Standard Pub. Co. Chicago :
1912. 3 v. in 4. : front., ill., ports.; 28 cm. Vols. I-II edited by Frank
W. Blackmar. Transcribed December 2002 by Carolyn Ward. This volume is
identified at the Kansas State Historical Society as microfilm LM195. It is
a two-part volume 3.

Nicked/Cut Ureter Injury: Virginia Medical Malpractice Lawyer

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Thomas Franklin Burke

Thomas Franklin Burke
Virginia Lawyers
Image by jajacks62
Company A, 116th Illinois Infantry
South Kansas Tribune, Wednesday, June 20, 1917, Pg. 5:

Death of an Honored Citizen

In the passing of Thomas Franklin Burke, who died at the age of 75 years Wednesday, while sitting in his chair while his wife was preparing to walk up town with him, the county lost a good citizen. He was born in Macon county, Illinois, and served his country in the 116th Illinois, Company A, and was with the General Grant campaigns down the Mississippi, at Vicksburg and across Tennessee, with Fifteenth Army Corps. At Ezra Chapel he was struck by a rebel bullet and lost an eye. After returning from the hospital he was with the army that chased Hood to the Tennessee River and later marched with Sherman. In the battle at Fort Waggoner he was color sergeant and the first man to plant the Union flag on the breastworks, around which the victorious army rallied and won the battle. He was with those who marched through Raleigh and on to Petersburg and Richmond, and it was the pride of his life to have had a place in the grand review at Washington, and was discharged at Springfield, Ill.
Oct. 22, 1871, he was united in marriage with Miss Ellen Nesmith, who has been a loving, faithful wife.
In the early eighties Mr. and Mrs. Burke came to Kansas, locating in Sycamore where they resided many years until he was elected register of deeds and re-elected serving four years. He has been a faithful trustee of the county high school for many years and its treasurer at his death.
The funeral was held at his home and very largely attended by the friends. And his pastor and neighbor Rev. F. L. Pettit of the Christian Church paid high tribute to his character as a citizen and soldier. There was present at the funeral his widow, son Arthur of Denver, and daughters, Bessie and husband Attorney William Brown of Iola, and Alice, wife of Professor Humes. The son Walter could not be reached by telegram.
At the cemetery the Grand Army conducted the beautiful funeral ceremony and Rev F. L. Pettit pronounced the benediction.

From History of Montgomery County, Kansas, By Its Own People, published by L. Wallace Duncan, Iola, Kansas, 1903, pgs. 378-380:

THOMAS FRANKLIN BURKE – Ex-register of deeds, Thomas F. Burke of Independence, has resided in Montgomery county twenty years. Fourteen years of that time he was engaged in farming in Sycamore township, and only abandoned rural pursuits to assume public office, to which he had just been chosen. After five years of official service, in one of the most important positions in the gift of the people of Montgomery county, he retired, and became a member of the real estate firm of Heady & Burke.
Mr. Burke’s parents were early settlers of Macon county, Illinois, Micajah Burke, his father, emigrating from Hardin county, Kentucky, in 1832, and founding the family on the bleak prairies of the “Sucker State.” Virginia was the original American home of the family, and early in the century just past, John H. Burke, grandfather of our subject, joined the throng of immigrants to Kentucky, remained there some years, and accompanied his son, Micajah, into Macon county, Illinois, where he died in 1854. He was a shoemaker by trade, married and had a family of two sons and six daughters. James Burke was his other son and he brought up a family in Illinois.
Micajah Burke was born in Virginia in 1803 and died in 1863. The labor of the farm furnished him with employment through life and he and his wife, nee Lucy Ann Pasley, of Kentucky, reared a family of sever children. Mrs. Burke was a daughter of Rev. Henry H. Pasley, a Methodist minister of Hardin county, who was a native of the State of Kentucky. Mrs. (Pasley) Burke died in 1892, at seventy-two years of age, being the mother of: John H., of Macon county, Illinois; James W., deceased; Robert Y., of Iola Kansas; Thomas F., Adelpha C., deceased, wife of Henry Stevens of Macon county, Illinois; Joseph W., of the home county in Illinois; and Lewis D., of Pueblo, Colorado.
Thomas F. Burke grew up in the country where school advantages were not of the first order. His enlistment in the army, for service in the Civil War, marked his exit from the domestic and parental fireside. He joined Company “A”, One Hundred and Sixteenth Illinois Infantry, first, Col. Tupper, and later, Co. Maddox. The regiment formed a part of Grant’s Army, operating on the Mississippi river, and its first engagement, in which Mr. Burke participated, was at Haines Bluff. Then came Champion Hills, and the siege and capture of Vicksburg. The army then came up the river to Memphis, and started on its journey from there to join the Federal troops, operating in the east. Mr. Burke took part in the Missionary Ridge battle and was present with his regiment, at the relief of Gen. Burnside at Knoxville, Tennessee. During that winter, the command with which Mr. Burke was serving, was stationed at Larkinsville, Alabama, and the following spring, it took up the work of the Atlanta campaign, at Resaca, Georgia. Was in battle at Dallas, Big Shanty and Kenneshaw Mountain, in which latter the troops charged the Confederates and captured their redoubt. The One Hundred and Sixteenth then went to Rossville, Georgia, on orders, and was in the fight of the 21st and 22nd of September in front of Atlanta. On the 28th, it was at Ezra Chapel, where Mr. Burke was struck on the head with a Rebel ball, which, in time, caused blindness of the right eye. After a turn in the hospital, at Marietta, Georgia, he returned to his regiment, and was in the fight at Jonesboro. The command then marched back to Atlanta and followed Hood to the Tennessee river, near Chattanooga; returned to Atlanta and took up the march “to the sea”. Mr. Burke participated, with his company, in the charge on Ft. McAllister, at Savannah, in which engagement he was color bearer, and he believes he placed the first banner of the stars and stripes on the Rebel works. At Savannah the One Hundred and Sixteenth Illinois was embarked aboard a ship for Pocataligo, South Carolina, where it disembarked and went to Charleston and on to Goldsboro, North Carolina. Took part in the engagement at Bentonville, North Carolina, marched on through Raleigh, to Petersburg, and into Richmond, Virginia, the late Confederate capital. Leaving there, the army marched to the Grand Review at Washington, D. C., and terminated its services and celebrated its victories in the grandest military display the world ever saw. Mr. Burke was discharged at the Capital, but was mustered out at Springfield, Illinois, with a promotion from private to color-sergeant, and with three years of arduous and patriotic service to his credit.
On returning to his old home, our subject donned the habiliments of a farmer and resumed civil pursuits where he left off three years before. For thirty-two years, in Illinois and in Kansas, he continued at his favorite calling, and only separated from it at the behest of the people to assume public office.
October 22, 1871, Mr. Burke married Ellen Nesmith, a daughter of Samuel Nesmith, a lawyer by profession and an Ohioan by birth. The Nesmiths were English, their family home being Londonderry, which this branch left, came to America, and settled at Londonderry, Connecticut, away back in Colonial times. The children of Mr. and Mrs. Burke are: Walter S., of Denver, Colorado; Alice G., wife of Morris Humes, of Emporia, Kansas; Bessie F. and Arthur N., of Denver, Colorado.
In his political life, Mr. Burke is an avowed Republican. He had ever taken a keen interest in local politics, and was first elected Register of Deeds, in November, 1897, by a majority of sixty-six votes, being the only candidate on his ticket to “pull through”. In 1899, he was reelected, this time receiving a majority of three hundred and fifty-two votes, and being again the only Republican candidate to win on the county ticket, except the surveyor and coroner. His service as county recorder was efficient and pains-taking and it included the time from January, 1898, to January, 1903.

Defend the Black Woman

Defend the Black Woman
Virginia Lawyers
Image by capn madd matt
I tried my hand at some photo journalism today and attended the March for Justice in Charleston, WV. This petite young lady was brutally raped and held captive for days by six sub-human idiots (that included a mother and daughter) in a shed in Logan County, West Virginia before her cries for help were heard. I will elaborate later as I have many images of a the day and little time now. Needless to say, it was a powerful day of unity where I was the minority.

To learn more you can go to the Black Lawyers for Justice website.


Virginia Lawyers
Image by William & Mary Law Library
AD 1893

John M. Dunsmore (2)

John M. Dunsmore (2)
Virginia Lawyers
Image by jajacks62
Co. F, 110th PA. Infantry
The Chanute Daily Tribune, Mar. 13, 1922

Grief Stricken, He Survives His Wife Only Eleven Days–
Helped Make Kansas History for More Than Half a Century.

Col. J. M. Dunsmore, one of the most picturesque characters in this part of the state, ticket agent and operator for the Leavenworth, Lawrence & Galveston Railroad, now the Southern Kansas division of the Santa Fe Railroad in Thayer when Thayer was the line’s southern terminal, speaker of the Populist house of representatives in the legislative war of 1893, a veteran of the Civil War and prominent in Kansas political affairs for half a century, died at his home in Thayer at three o’clock yesterday morning.
The funeral services will be held in his home at 3 o’clock tomorrow afternoon. The Masons will have charge and the address will be by County Attorney T. F. Morrison. The Thayer Masonic Hall will open at 2 o’clock as a meeting place for Masons from outside the city.

Wife Dead Eleven Days.

Colonel Dunsmore’s death was caused by erysipelas. He was stricken down last Thursday, since when he was not only helpless but unconscious most of the time until the end came. His wife died March 1, last, and he survived her but eleven days, grief because of her death bringing about his fatal illness.
He is survived by his son, Oscar D. Dunsmore of this city, and four daughters, Mrs. Helen M. Tracy of Kansas City, Mo.; Mrs. Effie M. Bennett of Oxford, Kan.; Mrs. Blanche C. Hays of Arkansas City, Kan.; and Mrs. Marjorie G. Phillpott of Tulsa, Okla.

Almost 78 Years Old.

Colonel Dunsmore was almost 78 years old, having been born April 25, 1844, in Cincinnati, O. His father, Robert W. Dunsmore, was a soldier in two wars, the Florida Indian war and the Civil War. In the latter he was a bugler in Company K of the Seventh Pennsylvania cavalry and was with Buell on his retreat from Tennessee. He is among the missing of the war.
Colonel Dunsmore enlisted March 2, 1862, in Company F of the 110th Pennsylvania volunteer infantry. He served under General Shields in the valley of Virginia and afterward in the Third and Second Army Corps. At the time of his discharge he was serving in the Army of the Potomac.

His War Record.

He took part in the battle of Winchester March 23, 1862; Port Republic June 9, and Cedar Mountain August 9, when he was captured while on a detail reconnoitering the enemy’s lines. He was also confined in Belle Isle, being exchanged in time to take part in the battle of Fredericksburg in December, 1862.
Following this came Chancellorsville May 2 and 3, 1863, and Gettysburg July 2 and 3, then the Campaign of the Wilderness with the third division, Hancock’s corps, from May 5 to 7 1864, Spottsylvania May 12, Cold Harbor June 1, the siege of Petersburg from the night of June 15 to October 27 and the battle of Hatcher’s Run, where he was wounded.

Learned Telegraphy While Wounded.

He was discharged May 3, 1865, eight days after his twenty-first birthday. In all his service covered a period of three years, two months and one day. In 1889, when his regiment dedicated its monument on the battlefield of Gettysburg, he was invited to deliver the oration, and did so, an honor rarely conferred upon a private soldier.
Following the war he attended the Quaker City College in Philadelphia and the Maryland Institute in Baltimore. He had learned telegraphy in the fall of 1864, while lying wounded in a hospital in Fairfax, VA. While he was lamenting the fact that he had no trade and that the prospects for him would be gloomy after his discharge from the army, a roommate, who was a military telegraph operator, suggested telegraphy. That night Mr. Dunsmore took his first lesson using a jackknife for a key. In about six months after his discharge the following May he had become a fair operator and during the following three years he worked in and about Baltimore, Md., mostly in connection with stock exchange business. He then worked a while for the Baltimore & Ohio railroad before coming to Kansas.

To Kansas in 1870.

In the summer of 1870 the Leavenworth, Lawrence & Galveston, now the Southern Kansas division of the Santa Fe, was constructed from Lawrence to Garnett and was being rapidly built southward.
Mr. Dunsmore worked as operator at Garnett and Iola, then became operator for O. Chanute, superintendent, at Lawrence. In June, 1871, he became ticket agent and operator at Thayer, then the terminal point of the road, where he remained until his admission of the bar.

Admitted to Bar.

He read law as his duties to the company permitted and in August of 1872 was examined by a committee consisting of Col. C. J. Peckham of Sedan, Col. A. M. York of York Pomeroy fame and George R. Peck, afterward attorney general for the Santa Fe. Just ten years after his first day in Libby prison he began the practice of law.
He was a member of the Kansas state Republican convention in 1872 and served on its resolutions committee. In 1880 he was nominated as the Republican candidate for county attorney but was defeated by six votes. In 1882 he was elected to the state legislature, serving in the regular session of 1883 and the extra session in 1884. During these sessions the mine inspection law, the first railroad law, the cattle quarantine law, the first Australian ballot law, the coal miners’ screen law and the law for the benefit of unfortunate debtors, giving eighteen months time for redeeming property sold under foreclosure were enacted.

His Political Career.

He was elected as a Republican and served part of the term on the Republican side of the house and the rest on the Democratic side. The passage of the Haskell tariff bill in 1883 was the cause of his change.
He at once became prominent as a leader in the Democratic party. He was sent as a delegate to the Third District congressional convention and was made its chairman. In 1888 he was nominated for state senator but resigned before election.
Two years later he was chairman on resolutions of the Democratic convention which endorsed the congressional candidacy of Ben Clover, Farmers’ Alliance nominee, who was elected.

The Legislative War.

In 1892 he was nominated by the Democrats and Populists for representative and was elected, and as a result of which became one of the most prominent participants in the legislative war of 1893. The Republicans had a majority of the house, but the Populists claimed it had been obtained by fraud. Both parties claimed the right to organize the house. Colonel Dunsmore was elected speaker by the Populists. The Republicans elected George L. Douglas.
Both speakers occupied the same desk and during the first night they slept under the same blanket on the floor in the rear of the speaker’s desk, each one with a gavel in his hand.
Governor Lewelling recognized the Dunsmore house as legal on the third day. The Republicans protested and both houses continued to sit. An arrangement was made by which one house met in the morning and the other in the afternoon.

Stormed the House.

Attempts to settle the difficulty were in vain. L. C. Gunn, a business man of Parsons, was summoned to testify in a case in the Douglas house. He refused to appear, saying the Republican house was illegal, and was arrested by a Republican sergeant-at-arms. The matter was taken before the supreme court.
Pending the decision the officers of the Populist party barricaded themselves in the Hall of Representatives. The next morning the door was smashed in by members of the Republican house who entered and took possession.

Militia Called Out.

The situation looking serious Governor Lewelling called out several companies of state militia. Guns were brought up and artillerists ordered from Wichita.
Sheriff Williamson of Shawnee county announced himself to be the only regular guardian of the peace and swore in a large force of deputies, acting in the interests of the Republicans.
There was much excitement and Topeka was filled with well armed men. The Republicans were in a state of siege, food being passed up to the representatives in baskets lowered from the windows.
On the third day a decision was reached that the Republican house should hold the hall and the Populists meet elsewhere. This ended the war. February 23 the supreme court affirmed the constitutionality of the Republican house, and the two houses united.

Beaten by Woman Suffrage.

In 1897 Colonel Dunsmore was chosen, by the Populist house of representatives as its sergeant at arms. He was chairman of the Populist state convention which nominated Governor Lewelling and his associate state officers. This convention pledged the party to the support of the woman suffrage amendment to the constitution, resulting in the defeat of the ticket. Mr. Dunsmore was a candidate for re-election and went down with the rest, being held responsible for the action of the convention in recommending the proposed amendment.

Back to the G. O. P.

During the Spanish-American war Colonel Dunsmore supported the government and candidacy of President McKinley for re-election in 1900, since when he had made more than a hundred public addresses in behalf of the policies of McKinley, Roosevelt and Taft.
He was a candidate for the Republican nomination as probate judge two years ago, being defeated by C. P. Swank, who won in the election.
Colonel Dunsmore dedicated, politically, the new auditorium in Topeka in 1900, delivering the first address therein.

City Clerk of Thayer.

He has served Thayer as mayor, police judge, city attorney and for twenty-two consecutive years as city clerk, and when the woman administration was elected in Thayer last spring, Mrs. Abbie Forest, the mayor, reappointed him city clerk.
Colonel Dunsmore was prominent in Grand Army circles, having served on the department staff as mustering officer, been aide-de-camp on the staff of Commander-in-Chief General Van Sandt, and commander of the Southeastern Kansas Old Soldiers’ Association.

The Iola Daily Register, Tuesday, Mar. 21, 1922

The old soldiers of Iola, and some others who knew him have learned with regret of the death of J. M. Dunsmore, of Thayer, which occurred on Sunday, March 12, following by only a few days the death of his wife which occurred on March 1. Mr. Dunsmore known in the days of his political activity as "The Bald Hornet of the Neosho" because of the stinging tongue with which he assailed his political enemies, was the first agent in Iola of the Santa Fe railroad and thus became acquainted with all the old timers here. He was a Republican until the Populist party came along when he joined it and became speaker of "The Dunsmore House" in the exciting days of the "Lewelling War." When the Populist party passed on he returned to his first political love (as a Pennsylvanian who had served in the Union army could not help doing) and died in the faith. For many years he has lived at Thayer, a practicing lawyer, and one of the elder statesmen of the town, where he will be sadly missed.

The Iola Register, Saturday, Mar. 25, 1922, Pg. 1.

As Such The Late Col. J. M. Duns-
more Was One of Two Male Officials.

(By the Associated Press)

Thayer, Kans., Mar. 25–Aside from the distinction he acquired during the Populist reign in Kansas in the early 90’s, when he was nic-named "The Bald Hornet of Neosho," Col. J. M. Dunsmore, who died at his home here on March 12, came back into the limelight a year ago when he was a candidate for mayor in the famous city election here in which a complete ticket of women headed by Mrs. Abby Howe Forest, swept all before them. Dunsmore, a veteran of many fierce political struggles saw the "handwriting on the wall" however, and before the ballots were cast withdrew as a candidate. Mrs. Forest had the field to herself in the mayoralty contest. Subsequently, Colonel Dunsmore was appointed city attorney by Mayor Forest. He was the only man, aside from the marshal, and the Thayer official municipal staff at the time of his death.
Colonel Dunsmore was the Populist speaker of the Kansas House of Representatives, during the historic siege of 1893, when both Republican and Populists claimed a majority of members and each party elected a speaker. George L. Douglas, was chosen as speaker by the Republicans and for days this chaotic condition prevailed. Finally on February 15, 1893, after Gov. L. D. Lowellyn had attempted to call out the militia to oust the Republicans, war broke out. The Populists attempted to lock the Republicans out of the hall, and bar them from the state house. En masse the Republican members marched through the guards, battered the heavy oak doors down with a sledge hammer, took possession, the Populists retiring to the basement. After a two day siege in which the Republicans obtained food by hauling it up to the windows with ropes, an armistice was declared. On February 26, the supreme court decided the Republican speaker duly elected and the warfare ended. On February 15, 1921, a reunion of the "Douglas house" was held in Topeka.