Page images
PDF
EPUB
[graphic][subsumed][ocr errors][merged small][ocr errors]

place of his birth, at Milan, and at Brunswick. In the fall of 1864 he was a student at Mount Pleasant College, Huntsville, Missouri, but the Price raid disrupted the school. Returning home, he enlisted in a company under the command of Captain James Kennedy, at Brunswick. It joined General Price's army at Waverly, and was attached to Colonel Searcey's regiment of General Tyler's brigade. This entire command was made up of recruits, mainly youths, who had come together as the army passed through. Young Halliburton participated in the desperate battle of Mine Creek, which was followed by the retreat to the Red River. After many privations the troops reached Texas, and there wintered. He was then attached to Shelby's division, a member of Captain I. N. Sitton's company, of Colonel D. A. Williams' regiment, of General Jackman's brigade. He was finally discharged from service, after the close of the war, in June, 1865, having performed the full duty of a soldier, courageously and uncomplainingly, in a spirit of fervent devotion to the cause he held to be right, in face of certain defeat. He passed the following winter in Chihuahua, Mexico, where he clerked in a general store. In March, 1866, he began his journey home, with so little means that he was pleased to serve as guard for a private train in order to be subsisted. In Texas he was variously engaged in procuring means with which to proceed farther, and finally reached home in August. From August, 1866, to September, 1867, he clerked in his father's store at St. Louis, and at Bonfil's Station. In the fall of 1867 he went to Kirksville, where he read law with his brotherin-law, J. M. DeFrance, returning in July, 1868, to St. Louis County, where he farmed for some months. Later the same year he entered upon the junior course in the St. Louis Law School, and in April, 1869, was admitted to practice, being licensed by Judge Irwin Z. Smith, receiving the high compliment of being passed without examination, on motion of Judge E. B. Ewing. He assisted in the law office of DeFrance & Hooper, at Kirksville, until January 1, 1871, when he was received as a partner by Mr. DeFrance, with whom he was associated until November, 1874. He then removed to Milan and entered into a law partnership with his father, the firm name being Hallibur

ton & Son. In April, 1867, he started to Texas in search of a location, visiting relatives in Carthage, and this incident proved the turning point of his life, for he decided to make his permanent location there. In May of the same year he formed a law partnership with his brother-in-law, Samuel McReynolds, who had located there two years before. This association is yet maintained, and they take pardonable pride in the fact that theirs is the oldest law firm in Missouri, so far as they have been able to ascertain. Their practice has been and continues to be at once extensive and successful to an unusual degree, being principally in civil lines, covering all departments of commercial law. They have probably brought more attachment suits than any other four firms in Jasper County, and no client of theirs was ever mulcted for damages. They are attorneys for the South West Missouri Electric Railway Company and for the Central National Bank, of Carthage. They are averse to criminal practice, and only engage in it where an old and well regarded client is in interest. Mr. Halliburton was fortunate in his professional training. From his father he acquired knowledge of the old methods of practice, in some degree effective even in this day, to which he adds that derived from the teaching of the law school, and constant familiar intercourse with the most eminent legal minds in the State. With such he maintains a close companionship, professionally and socially, and among them he is highly regarded for his professional attainments, his clear, analytical mind, and pungent, convincing style of expression in oral argument and written brief. In the wide acquaintance which he has made throughout the State, he has, without seeking it, established a reputation as an anti-corporation lawyer. With reference to corporations, his fundamental principle is, that the creature must necessarily be held as inferior to the creator; corporations must be accorded all the rights conferred upon them under the law, but they must also be held to a strict responsibility to the law giving them existence, and must not be permitted to act beyond or outside of such powers as are explicitly bestowed upon them. Out of these considerations has grown a strong and constantly increasing sentiment favoring his elevation to the supreme bench of the State. This found expression in the

strong support given him for the position in the State Convention in 1898. To him are due two judicial interpretations of law which are far-reaching in effect. One is important as touching the police powers of the city. In a test case, originating in Carthage, he contended that the city had authority to oblige the owner of a dog to pay license, and the Supreme Court sustained him. At the time, decisions upon this question were conflicting in many of the States, and while the case was pending it was regarded with interest throughout the country, in questioning anticipation of the position which would be taken by the Supreme Court of Missouri. In another instance he contended that suit could be brought against a person for the purchase price of property bought, and also against the party to whom the purchaser had sold with knowledge of unpaid purchase price, and maintain action against both parties in one suit. The circuit court held with him, and its decision was maintained by the Kansas City Court of Appeals. He is peculiarly strong as a trial lawyer, and is at his best before a jury. In 1882 Mr. Halliburton was elected city attorney, but declined further service in that position. In politics he is an uncompromising Democrat, taking active part in all political campaigns, for the sake of principle, and without thought of reward or self-seeking. He is a favorite political speaker in southwest Missouri, and a familiar figure in State conventions, where his influence is potent. He was one of the active agents in the movement which led to the Pertle Springs Democratic Convention in 1895, and was instrumental in formulating the action of that body in its declaration for "free silver." In 1896 he was a delegate to the National Democratic Convention. He accepts the golden rule as his guide of conduct, holding membership with no religious body, but regarding the Baptist faith with especial favor. He became a member of the order of Odd Fellows in 1873, and has filled all the chairs in the local lodge. He has always been an earnest supporter of the militia system. In 1877 he entered the Carthage Light Guard as a private, and passed through all the grades to the rank of first lieutenant. Upon the organization of the Second Regiment, National Guard of Missouri, in 1889, he was appointed judge advocate, with the rank of captain, and served

as such until the regiment was mustered into the service of the United States at the outbreak of the Spanish-American War, when he retired, the position which he occupied having no place in the regular military establishment, and business and family considerations forbidding him leaving home. He was married, October 16, 1878, to Miss Julia B. Ivie, daughter of the Rev. William S. Ivie, a Christian minister. Mrs. Halliburton was educated in public and private schools in Kirksville, and in the convent school at Edina. Seven children have been born of this marriage, of whom three are deceased. Westley is a student in the University of Missouri. The others living are John Joseph, Louise and Sallie Halliburton.

Halliburton, Westley, one of the early lawyers of Missouri, was born January 4, 1812, in Humphrey County, Tennessee. His parents were Ambrose and Mary (Freeman) Halliburton. The father was of ScotchIrish descent, and the mother of English and French descent. They removed to Missouri in 1823, locating in Randolph County. The son, Westley Halliburton, was the eldest of nine children, and his early years were passed upon the farm. He knew a country school. house for but three months; all else of his education was self-acquired, from borrowed books read by the light of bark fires at night. In spite of want of educational facilities, he became well informed for that day, and during several years taught schools in the neighborhood during the winter months in the territory comprising and adjoining the present Randolph County. When about twentyone years of age he opened a store at Shelbyville, but soon began the study of law, using borrowed books. In 1840 he removed to Bloomington, Macon County, and entered upon practice. The same year he was elected judge of the county court. In 1844 he was elected circuit attorney, the district covering a number of counties as now constituted. Ať the first term which he attended the court sat in a log stable, and the grand jury met in a clump of timber near by, a log serving as a desk. In 1845 he moved to Linneus. In 1848 he was re-elected circuit attorney, defeating Captain William Y. Slack, who had just returned from the Mexican War. 1851 he resigned, and was elected a Representative in the General Assembly from Linn.

In

constantly into more conspicuous place with his party, and was regarded as a probable Governor of the State. Never a church member, he was deeply religious by nature, and strongly imbued with the doctrines of the Baptists. From early manhood he was an earnest member of the Order of Odd Fellows. When about twenty-one years of age he married Sophia Holman, of Macon County; he spun the wool and made the cloth for his wedding suit. His wife died in 1841, leaving two children, Joseph H., a merchant at Milan, and Mary E., who became wife of J. M. DeFrance, a member of the Kirksville, Missouri, bar; she died in 1876. Judge Halliburton afterward married Armilda Collins, of Randolph County; born of this marriage were Helen M., wife of Samuel McReynolds, of Carthage, Missouri; John W., and R. E. Lee Halliburton, of Carthage; Martha A., wife of R. W. Richardson, of Omaha, Nebraska; Thomas Halliburton, of Brookfield, Missouri, and Westley Halliburton, of Alton, Illinois. James C. Halliburton died at Warsaw soon after reaching maturity. In November, 1878, Judge Halliburton married Juliette Owens, of Chariton County, who is now making her home with her stepson, John W. Halliburton, at Carthage. Judge Halliburton died at Milan, June 16, 1890, aged seventy-eight years. He was buried with the rites of the Order of Odd Fellows, all the business houses being closed in respect to his memory. Throughout his life he was held in respectful regard by all with whom he associated. In law he was constantly associated with the foremost of his profession; his strong analytical mind searched out all the details of the most complicated cases; before the jury he appeared to splendid advantage, presenting his case clearly and conveying his ideas to the most illiterate; notwithstanding his limited education he was ready in language, rising on occasion to passages of great force and rugged eloquence. His facility as a speaker made him much sought after in political canvasses, and he was heard in many momentous campaigns. It is not too much to say that up to the Civil War period no Missourian occupied higher place in the esteem and confidence of the people, and his influence was coextensive with his acquaintance. His home ever afforded a hearty and unaffected hospitality. Until 1860 he possessed

County. In 1853 he was appointed receiver of public moneys for the Chariton land district by President Pierce, this necessitating his removal to Milan and his resignation as a member of the General Assembly. During his incumbency of this position he collected about $1,000,000, mostly in specie, which he transferred to St. Louis by wagon. During this time he loaned considerable sums to persons desiring to enter land, and a large amount was never repaid. In 1857 he was again elected to a seat in the lower house of the Legislature to fill a vacancy, and the following year he was elected to the State Senate, and was returned to that body in 1882. As Senator and Representative he devoted his effort, with all his zeal and ability, to fostering the construction of railroads, and the enactment of a homestead law. He was also a great friend of the public school system, which he labored effectively to perfect in this State. As early as 1853, or about that time, he purchased a printing plant and started the first newspaper at Milan, which was called the "Milan Farmer." From 1864 to 1873 he resided on a farm in St. Louis County, and then returned to Sullivan County, in which he made his home during the remainder of his life. In 1875 he was elected a member of the Constitutional Convention which gave the State its present organic law. In 1880 he was again elected to the State Senate, and in 1888 Governor Morehouse appointed him probate judge to fill an unexpired term. Throughout his life he was energetic and public-spirited, forwarding all enterprises aiding in the development of the country. He was numbered among the incorporators of the old Hannibal & St. Joseph Railway Company. In politics he was a Democrat of the old school. His first presidential vote was cast for Van Buren in 1836. In 1860 he was a presidential elector on the Breckinridge and Lane ticket. In that critopposed equally to secession and to coercion, but when war began all his sympathies were with the South. His sentiments being known, he was one of the first men arrested under military authority, and he was sent to Quincy, Illinois. General John M. Palmer, of Illinois, ordered his release, there being no charges against him, an act which made that officer the object of his grateful regard ever afterward. Up to the war period, Judge Halliburton had grown

ical time he was

Vol. III-11

« PreviousContinue »