The St. Louis Republic., 1900-09-09
TYPOGRAPHY. ~ ~ - ~ :.
% Daviess, the First Western Lawyer to Appea,
in the Supreme Court of the United States.


JOSEPH HAMILTON DAyIESS was borr
in Virginia in l174. but his parents removed
to Kentucky In 1873. The name of Daviess
Is perpetuated in both Missouri and Illinois
States which were settled by many emf
grants from Kentucky. The monument
of name Is still potent. and Daviess Coun-
| ty. Missouri, and 10 Daviess County, IIIi-
nois. tell Of the honor in which this Ken
! tuckian was held. Gallatin Is the county
seat of Daviess County. Missouri, and Ga
| lena. in Northern Illinois. Of 10 Dayiess
| County, Illinois
The title Of the Illinois county Ia said
to have originated In the following circum-
| stance. which shows how familiar that
name was in the mouths of the people long
| after the man who bore 1t was dead. When
the bill creating the county was before the
| Legislature i debate arose as to its name
| Many Of the members who were from Ken
| lucky. wished it to be called after Daviess,
| and in the course OF their remarks fire.
! Quenty used the more familiar name Of
| 10 Daviess. A Northern member who de-
| sired that the new county should be named
| Tor one Of the heroes of his own section
arose and sneerineiy suggested that IL
/ should be called 10 Dayiess. The idea was
| instantly caught up. and what was meant
| Tor sarcasm Was adopted by acclamatioa as
| an amendment TO the bill, and the county
Is Low Jo Daviess.
| Born in Bedford County. Virginia IN l774
Joseph Hamilton Daviess came Of a hardy
race. His people were of Scotch Irish de-
scei4t. haFuy and enterpTising His father
was Joseph, and his mother Joan, intelIi-
| gent. brave and courageous. 1t is told Of
Mrs Daviess that. Oh the journey across
the mountains to Kentucky, she rode horse
back. carrying child In her arms On
one occasion the horse became frightened
and. starting back. threw her over his head
ihe mothers instinct Was uppermost even
In this moment. Clasping her cnild close
70 her breast. she received the Shock upon
her outstrelched arm. which was broken.
De!ay Was dangerous and Mrs. Daviess
knew H. She consented to stop only long
enough to have the broken arm bound up
with handkerchief and a few spIinters
from the next tree. Remounting tue same
horse she went ON. stil bearing ner son in
her arms.
Joseph Davies settled with hts family In
LInccin County in the Crab Orchard neigh
Dorhood. then wild, unbroken forest Al
thoush Jo Ddv!ess never saw inside OF a
schoolnouse until after lie was Y years old
ne was not unframed in the rudimeuts Of
an education at that time. His mother who
was d woman OF torce of character, taught
her Children every evening after the days
work Was done, and while her education
was not extended, she had q practical
knowledge which was worth much TO her
children. When young Joseph was about
Y the family removed TO O farm near DAN
vile. and The son was placed under the
care or the celebrated Doctor Presty at
harrodsburg. where his schoolmates were
those who were to be his associates and
rivals III public life. In this school and that
OF Doctor Culbertson. to which ne after
wards went, he became good classical
and mathematical scholar. His reading was
wide and various. His method of study IL
lustrated the native eccentricity Of his char
acter. Unable to endure the confinement Of
the schoolroom. It was his custom to rise
with the sun. and repair TO some secluded
spot in the woods with his books where,
stretched out at full length on a log he
would read and muse alternately. II was
probably at this period that ne acquired
that habit Of SOLITARY reverie which. N
after life was one OF his most striking
peculiarities in the eyes Of strangers.
Reared In an atmosphere OF adventure, IL
Is not strange that 10 Davtess should have
wished to Join In the border warfars Of his
time. In 1883 he Joined. as q volunteer, q
corps OF mounted men. than being raised by
Major John Adair to escort Q train CT pro-
visions to the forts north Of the Ohio River.
That expedition came near to being disa5- |
trous TO the whites. Camping near the fort |
one night they were surprised. and their |
horses stolen by the Indians. Several OF the
party were killed. Out OF the 30 horses Z
taken only one was recovered. that OF 10
Daviess That hsadstrong and courageous
youth. angry at the loss Of his horse. made
a dash for the edge of the timber. where
the red men had tied the stolen steeds. He |
succeeded In reaching the horse and was |
uatying the halter when tbs savages dis |
covered him. Leaping to the animals back. 1
Daviess galioped toward the fort. Bullets /
few about him. one penetrating his coat and /
gra zing his side. but he returned in safety.
aI
to his home. He disiked farm work. and |
the family vote. and one that pleased him.
was that he should study law. He studied
under George Nicholas. then the leading
lawyer at the Kentucky bar. His teacher |
predicted a brilliant career for the young |
man. and he soon had reason to feel that he 4
had not overestimated the ability of his |
pupil for In his first important case before
the Court of Appeals. Daviess had the sat-
sfaction of triumphing, after a long strug-
gle. over his veteran Instructor.
Daviess located In Danville and began a
brilliant career. a course that made his
name d household word throughout the
State and we'll remembered In the younger
States of Illinois and Missouri. His fame
as an orator soon spread far and wide. and
the report of his eccentricities made him
an object OF interest to all. He was q |
man of high character and frank and
simple manners. His political faith was at
with IEat OF Ills IellOW |
and he was never elected to any political Of
ice. He was a Federalist.
Instead of riding the circuit as most Of his
brother lawyers did. he took his rife. and. |
srrayed In hunting shirt. coOn-skin cap and |
,uckskin leggings, ranged through the |
woods. thus combining .iis favo-ijs recrea- |
ion of hunting with professional duties.
The story is told on him that on one oo-
casion he entered a scnooidouse in the
woods which was the scene of a trial. A |
strange young man was being tried for
horse stealing. and as no one knew him. he
could call no witness tc his defense. The
public prosecutor pushed the case with
,igor. and one witness In particular, a
n detail against the prisoner. Just then
he tall backwoodsman, who had been lean
ng on his rife. In the rear of the court |
'oom came forward and questioned the big
witness sharply in such a way to upset
hat individuals confidence end give a hint
IS to the falsehoods he had been telling. |
The Prosecuting Attorney hastened to pro- |
ect his witness. and the Judge inquired:
Il say, stranger, what mought your name
pep
II am Joseph Hamilton Daviess." replied
he hunter There was a CULVER of excite |
nent at this announcement. The young man |
.ccused was soon proved to be innocent |
through the cross-examination conducted
" DaviesS.
At 26 DaviesS was at the summit of his
profession. As lawyer none surpassed
lin, and as public speaker he had but
W., riy and Redsna His |