The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-12-13
INTERESTING ANECDOTES
OF JUDGE HENRY.
REPTBI.IC SPECIAL.

REPUBLIC SPECIAL.
Macon. No. Dec. 12-There are many in
teresting incidents in the career of Judge
John W. Henry. former Judge of the Su-
preme Court. while on the bench of the
Twenty-seventh Missouri Circuit
His death has developed much sympathy
and considerable discussion among his old
friends here who were intimate with him
when he occupied the then Twenty-seventh
Circuit bench Among the lawyers that
practiced before Judge Henry at that pc
riod who are still active in the profession
here are Major z. r. DySart. ex-senator W.
II. Sears. Judge G. Z. Hess, Captain Ben
Ell Guthrie. ". p Beach and Colonel r. j.
Eberman
Judge Henry was on the bench here at the
start of the VI. e N. bond litigation. and
his decision of the controversy. which was
favorable to Macon COUNT. has never been
overturned by any of tho higher tribunals.
In the early seventies the celebrated
Grove will case was brought here on n
change of venue from one OF the river coun-
ties of the State. 1t was an action to set
aside a large bequest to the American Bible
Society on the ground of the testator's al
legged mental incapacity.
Among the array of legal talent on the
Judge Fagg of Louisiana, Mo; George P.
Strong of st. Louis, Colonel John F. Will
1iams. Major b. r. Dysa.t. Norton Brown
and F. A. Jones of Macon. and several 9TH
ers. A large amount was involved. as old
man Grove was wealthy, and the legal bat
tie was fierce from start to finish. The case
at one time was taken from Judge Henry
and sent to the Federal Court on account of
the chief beneficiary being a nonresident.
an act the Judge boldly characterized as
a "high- handed usurpaton'' But later on
1t was remanded to Macon for trial and
finally compromised. Before the end was
reached however. there had been three long
and expensive trials.
Ask any of the older lawyers that prac-
ticed before Judge Henry what his marked
characteristic was. and they will tell you
it was his exceeding frankness. UIen one
occasion, Major Dysart was asked to un
dertake very delicate mission to Judge
Henry.
A certain well-known o.iceholder had
been indicted for accepting Illegal fees.
Captain W. H Terrell figured as prosecu-
tor. and looked up the evidence against
the defendant. The Defendants lawyers
knew that Judge Henry did not Ike their
client. and they got up a pretty strong mo-
ton, reciting that as ground for a change
of venue from the circuit.
Then came the hard part.
All the defendants lawyers were personal
friends of the Court. and each wanted the
other to assume the repugnant task OF
presenting the motion. which stated that
Judge Henry was so bitterly prejudiced
against their client that he could not give
him 4 fair trial. The result of their wran-
gle was to call in Major Dysart. whose re-
lations with the Court We're very cordial.
and ask him to DO the presenting of the
motion. With some reluctance. Major Dy-
sart consented. and when the time came he
addressed Judge Henry:
Your Honor. l have a little motion here
in the case of the State against "
What about it," asked the Court
ITS motion for change of venue"
well. file it with the clerk"
But. you seethat is" began the law
yer. fact is-just little formality, you
Accommodating personal whatever 1t just
says the Court is SO preiudiced against the
defendant that he can't have a fair trial
before your Honor
Having got or the awful accusation, Ma