Chapter XXI

THE BENCH AND THE BAR

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Since all history is essentially a history of individuals, a chronicle of Fayette county and the events that have transpired since its formation, would not be complete without due mention of the brilliant legal talent that has ever constituted its bench and bar.

Court records, while we deem them complete with respect to transactions recorded, are silent for the most part with respect to the men behind the scenes, but for the most part the litigants are the principal actors. Yet there are times which the case at bar is eclipsed by the forensic battle of brilliant legal talent, when the court room is packed and the crowd hangs breathlessly on every word uttered, either by counsel for the plaintiff or by counsel for the defense. Great trials of this kind, mostly when the defendant is charged with murder, have occurred occasionally at the Fayette bar. The universal approval of the verdict of the jury, either at the time or upon mature reflection, has served to give the bench, bar and jury a word of praise. West Virginians have always taken a great pride in the Judiciary and the attorneys that compose the bar have been ever zealous of the great traditions of these professions.

But little is known at the present time of the learned men who, in times before the war, rode horseback or traveled in stage coach to try cases here. History gives us a list of the circuit judges who have held court at Fayetteville. The majority of them are entirely unknown to the present generation. The first was Allen Taylor, who was followed by E. L. Duncan, then came George H. Lee, M. Dunbar, Edward B. Bailey, Evermont Ward, Daniel Polsly, George Loomis, J. W. Hoge, H. L. Gilispie, next was H. A. Holt. Judge Holt was a Greenbrier man, father of Hon. John H. Holt of the Huntington bar who was the Democratic candidate for governor in 1904. Judge Holt is well remembered by many of our older citizens. This was then the Tenth Judicial Circuit and embraced the counties of Fayette, Greenbrier, Monroe, Pocahontas and Summers.

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   Three times a year in the fourth Monday in February, the third Monday in May, and the third Monday in September court terms were held at Fayetteville. Attorney A. W. Hamilton, probably the oldest member of our bar in point of years was clerk of the circuit court at this time. His personal reminiscences of the courts of that day and time are many and interesting.

Judge A. N. Campbell of Monroe succeeded Judge Holt. He died about 1919 at his home in Monroe, full of years and honors. Standing over six feet in height, with long flowing beard he was a familiar figure, well remembered by many of the younger generation. He was a gallant Confederate soldier and one of the well known Campbell clan that helped to make the history of Monroe, Judge "Nelse" Campbell, as he was affectionately called, was held in high esteem by his profession throughout the sate.

Judge J. M. McWhorter of Greenbrier was next in the line of succession. He, too, has passed to his reward, but his name is perpetuated by Attorney L. A. McWhorter of Charleston, West Virginia.

The history of Fayette county courts from 1891 to 1919 is a dual one. Because of the rapid development and population of Fayette county and the fact that the circuit was large and the judge overworked, the legislature of 1891 saw fit to establish the Fayette county criminal court, and thereafter the circuit court was relieved of the responsibility of criminal trials.

Major H. W. Brazie, long an attorney at the bar here, was the first judge of the criminal court. He served until 1897 when he was succeeded by L. G. Gaines, brother of ex-Congressman J. H. Gaines, who served for a period two years. James H. Dunbar was the next succeeding to the criminal court bench in 1899. At the death of Judge Dunbar in 1901, Attorney E. G. Pierson, who came to Fayette county in 1891 from Clay county having been a state senator from that district, was appointed by Governor A. B. White to succeed Judge Dunbar. Mr. Pierson served for the remainder of the term, and then in 1904 was elected as prosecuting attorney. After serving his term of office here, he later went to Charleston where he was pardon attorney under Governor Hatfield. At the election in 1920 he was elected prosecuting attorney of Clay county which position he filled until January 1st, 1925.

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   Judge Pierson was succeeded by Judge W. R. Bennett, a native of Nicholas county who had been practicing his profession at Montgomery for some years. He served in this capacity for two years, from 1902 to 1904, when he was called to larger service by being elected judge of the circuit court which at this time was composed of the counties of Fayette, Greenbrier and Pocahontas.

Judge Bennett succeeded Judge McWhorter on the circuit bench and in turn was succeeded on the criminal court bench by Jacob Koontz, one of the oldest citizens and attorneys of the county who had been an unsuccessful aspirant for the nomination for circuit judge. The term of Judge Koontz was short for death claimed him in 1905. So many deaths had occurred in the office of judge of the criminal court that superstitious persons saw it a sign of ill omen and dire predictions were made, but happily the “spell” was broken, and former criminal court judges are now numerous.

Judge Koontz was succeeded by Attorney John Wesley Eary by appointment of Governor Dawson. Judge Eary was a young man of ability, and a native of Fayette county, and after serving out the unexpired term of Judge Koontz, he was elected for a four year term which he served with honor and distinction. More about Judge Eary will be said later.

How much the political element entered into the choosing of former judges, the writers are unable to say, but in late years the history of the bench in Fayette county shows that it has not been entirely divorced from politics.

In 1910 a fusion movement between Independent Republicans and Democrats was started which overturned normal Republican majorities and engendered partisan feeling that ranked for several years. In that year E. R. French was the nominee on the fusion ticket for judge of the criminal court and was opposed by John T. Simms as the Republican nominee. Less than a hundred votes stood between them and the final count, with the result that a contest arose in which Judge Simms was finally declared winner. He served his term of four years, an effort being made at the beginning and in the middle of his term to have the office abolished by the legislature, but the effort was without success. At the conclusion of his term of office, he was candidate of his party for state senate in the ninth district but was defeated by Dr. Gory

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Hogg. Judge Simms later moved to Charleston where for the last few years he has been prominently connected with the office of the state tax commissioner.

Attorney E. R. French, the unsuccessful contestant for the office of criminal judge, is now a resident of the state of New Mexico where the people in his adopted state have honored him with election as justice of the peace.

Ben D. Koontz, a son of Judge Jacob Koontz, followed in the footsteps of his illustrious father, and in 1914 was elected judge of the criminal court on the fusion ticket by a small majority over J. W. Eary who had again tried for the place. Judge Koontz was the last judge of the criminal court. In 1911 the legislature cut off Fayette county from the then judicial circuit, making it a circuit of one county. Two courts were no longer needed and the legislature of 1917 abolished the criminal court on and after the 31st day of December 1918, thus allowing Judge Koontz to serve with distinction to the end of his term. Two years later Judge Koontz entered the race for the Republican nomination for prosecuting attorney but was defeated by George Love. In November of that year he was offered a position as legal advisor to a southwestern oil company, with headquarters in New Mexico, and left immediately for that state where he is now a resident.

We now digress to the judicial election of 1912. Judge Bennett, a candidate to succeed himself as circuit judge was opposed for the nomination by E. G. Pierson and J. W. Eary, both of whom had been criminal court judges. There was much opposition to Judge Bennett. His opponents, at Fayetteville particularly, pick Judge Pierson to accomplish his defeat. When the votes of the primary were counted it was found that Judge Bennett had won, with Eary second and Pierson third in the race. Amazed at Bennett’s success as a vote getter and fearing that he would succeed himself, impeachment proceedings were then brought against him. Not caring to face the same in the midst of campaign, Judge Bennett resigned from the bench, retaining however his nomination for the office. Attorney M. Van Pelt of Oak Hill, who years before had been warden of the penitentiary, was named by Governor Glasscock to fill out the unexpired term of Judge Bennett. Wm. L. Lee, a young attorney who came from Virginia and was a law partner of R. T. Hubard, Jr. under the firm name of Hubard & Lee, was the

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fusion candidate opposing Judge Bennett. Mr. Lee was elected by a very large majority. Since his retirement from office, Judge Bennett practices law at the bar here at Fayetteville.

Judge Lee took office on January 1st, 1913 and served acceptably and with distinction until the early spring of 1918 when he resigned to again reenter the practice of his profession, having formed a partnership with C. W. Osenton under the firm name of Osenton & Lee.

Governor Cornwell immediately appointed Attorney Vernon C. Champe of Montgomery to fill the vacancy until the next election in the fall of 1918. Judge Champe presided with fairness, and was in the meantime nominated by the Democratic party as its candidate for circuit judge for the two years unexpired term of Judge Lee. Judge J. W. Eary was similarly honored by his party. A dignified campaign resulted with Judge Eary as winner.

Two years later, in 1920, the regular term having expired and the term of office of the circuit judge being for eight years, these same two gentlemen were again candidates for election.  Judge Eary was again successful, and now has a long period of service before him, with perhaps greater honors at the hands of his people.  He now conducts circuit court in two counties.  The legislature of 1919 redistricted the judicial circuits, putting Fayette and Nicholas counties into the Twelfth Circuit.  Court terms are now held in Fayette county beginning on the first Tuesday in January, April and July, also the third Tuesday in February, May, August and November.  So much for the bench.  Let us briefly discuss the bar.

For a long time there were no resident attorneys in Fayette county.  When cases were to be tried, Charleston and Lewisburg usually furnished the attorneys.  From the former place there came the gifted Chiltons - Joe and Will, John E. Kenna, Adam B. Littlepage, and others.  From Lewisburg came Col. John W. Davis, Governor Samuel Price, and John A. Preston, then a young man.  In the seventies came Col. J. W. St. Clair, L. D. Isbel, J. H. Isbel, M. Van Pelt, W. D. Payne, Joe and Lud Gaines, and C. W. Dillon.  These in turn were followed by others who came to Fayette county as resident attorneys, and to-day the litigant does not have to go to Kanawha, Greenbrier or other counties to find an attorney who will ably present his case.

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   Much has been said of the ability of those who at one time were resident attorneys and have either passed on to the Great Beyond or have sought other places to pursue their professions.  Foremost among these was the late Col. J. W. St Clair, whose death occurred in November 1906.  He came here from Virginia and his knowledge of the law, his energy and loyalty to his friends soon won him high esteem among the people.   He served as prosecuting attorney of the county from 1881 to 1885 and was a fearless and able prosecutor.  Again in the nineties he was called to public service and represented this district in the twentieth and twenty-first sessions of the legislature as a state senator, succeeding M. Van Pelt who had been similarly honored.  Col. St. Clair was a Democrat, bug hearted and generous, and a person who made many friends.  In the late years of his life he was associated with the firm of St. Clair, Walker & Summerfield.  After his death the firm of Walker & Summerfield continued for a number of years.  C. R. Summerfield, a native of the county, was elected prosecuting attorney of the county in 1912 and gave four years of faithful and efficient service to the people.  His election dissolved the firm of Walker & Summerfield.  Mr. S. L. Walker, who was also a native of the county and familiarly known as Captain Walker because of his having commanded a company of the National Guards once stationed here, moved to Charleston where he is now located.  Mr. Summerfield is yet a resident of Fayetteville and one of the successful lawyers at the bar.

Lud and Jos. H. Gaines were among our first resident attorneys.  Lud Gains has been dead for a number of years.  His widow, Mrs. Martha E. Gaines and son Ebersol, still make Fayetteville their home.  Hon. Joseph H. Gaines went from here to Charleston, and for several terms represented the old Third District in Congress.  Just recently he was appointed as legal adviser to the Shipping Board in Washington, D. C.

C. W. Dillon, now one of the leading attorneys of the state, came here years ago from Virginia.  For a time he taught school, but later gave all his attention to the practice of law at which he has made a great success.  In 1893 he was elected prosecuting attorney of the county and was re-elected in 1896.  Vigorous prosecutions of the criminal elements of the county followed, and his eight years

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in the office were busy ones.  Mr. Dillon was appointed as the first State Tax Commissioner by Governor Dawson, and it was under his guidance that the machinery of that office was set in motion.  He soon resigned, however, to give all his time to the practice of law.  In 1912 he entered the Republican primary to contest for the nomination for governor, but was defeated by Henry D. Hatfield.  A new political honor has recently come to Mr. Dillon, he having been appointed by Governor Morgan as a member of the water power commission which was given the duty of drafting a water power bill for submission to the legislature, same being a step toward the development of the great water power of the state that will result in the harnessing of the water on its wild rush from our mountains to the lower lands.  Associated with Mr. Dillon in the practice of law was for many years, but now retired was Attorney E. L. Nuckolls, who twenty years or more ago came from Virginia.  He has been eminently successful in the practice of his profession, and the firm of Dillon & Knuckolls is held in high regard.  His place has been taken by C. E. Mahaw, Jr., a product of Fayette county, graduate of West Virginia University, World War Veteran and brilliant young attorney, very much esteemed by all.

The firm of Payne & Hamilton, composed of W. D. Payne and A. W. Hamilton, was one of the early firms of resident attorneys.  Mr. Payne was a native of Virginia who came here in the seventies.  At one time he served as mayor of the town.  About twenty years ago he went to Charleston where he now lives.  Mr. Hamilton, heretofore referred to, was circuit clerk many years ago, taking up the practice of law after his retirement from that office.  He has a son, J. C. Hamilton, who is also a member of the bar, but who devotes all his time to the automobile business.

John L. Ryan is also one of the older members of the bar.  He is a native of Roane county and in his early days was a teacher, being yet the champion speller of this section.  He took up the study of law, was admitted to the bar and has been a successful practitioner for years.  He was elected to the house of delegates from this county in 1896.  He is now mayor of Fayetteville.  His brother, M. W. Ryan, was for many years a member of this bar, but moved to Charleston several years ago.

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   Possibly C. W. Osenton is next to the oldest attorney here in the point of service.  He is a native of Kentucky, but a thoroughly acclimated West Virginian.  Politics and law have always been fascinating for him and in each he has been successful.  He held an appointment in Washington, D. C. under President Cleveland's administration.  There he studied law and then came to Fayette for the practice of his profession.  In politics he is a Democrat.  His first political office was that of state senator from the Eighth district, being elected in 1898 and serving two terms.  He accepted the nomination for prosecuting attorney in 1900 and was elected by a big majority.  Since then Mr. Osenton has declined elective office, except to serve as Democratic state committeeman, and as a big four delegate to the Democratic national convention.  Upon the death of Hon. John T. McGraw in 1920, Mr. Osenton was chosen to succeed him as Democratic nation committeeman, a post of no little honor.  He is in great demand as a political public speaker, and during each campaign travels over the state in that capacity.  Mr. Osenton is widely known, also, because of his success in the practice of criminal law.  For many years he was associated in the firm of Osenton & McPeak, and later A. J. Horan, a Nicholas county man of prominence was admitted as a member of the firm.  Mr. McPeak died in 1908.  The law firm of Osenton & Horan was then formed.  Mr. Horan went to Charleston to live a few years ago, and not being able to continue the partnership the firm was dissolved by mutual consent.  Judge W. L. Lee at that time resigned from the circuit bench to form a law partnership with Mr. Osenton.  The law firm of Osenton & Lee is now a prominent one.

From Virginia also came A. D. Smith, Jr., R. T. Hubard, Jr., and the aforementioned W. L. Lee.  Mr. Smith first settled at Montgomery but afterward came to Fayetteville where he has resided for the past eighteen years.  Though well qualified he does but little law practice.  He served as post master at Fayetteville under the Wilson administration resigning shortly after entering upon his second term.  He is now a member of the board of education of Fayetteville district.

In 1906 a partnership for the practice of law was formed between R. T. Hubard, Jr. and W. L. Lee.  This firm was very successful, but its progress was broken by the election of Mr. Lee to the cir-

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cuit bench.  Some time later Mr. Hubard associated himself with Frank N. Bacon under the firm name of Hubard & Bacon, and this is considered as one of the strong law firms of the county.  Mr. Bacon is a native of Tennessee.  He came to this county to teach school, studying law in the meantime.

Another teacher who developed into a lawyer of no little ability is Attorney Magee McClung who is a native of Nicholas county.  About 1906 he taught school at Oak Hill.  Later he taught in and near Fayetteville.  Upon being admitted to the bar he came to Fayetteville to reside.  He was nominated by the Democratic party for prosecuting attorney in 1916 and notwithstanding the fact that the fusion movement was at an end between Independent Republicans and Democrats, he won over George Love by over a thousand majority.  He was a vigorous prosecutor, retiring from the office on January 1st, 1921 to again take up the work of his profession.  For a short time McClung & Bacon was the style of a firm name.  Later T. A. Myles, a native of the county who came here in 1915, was associated with Mr. McClung under the firm name of McClung & Myles.  This partnership was later dissolved and Mr. Myles and C. E. Mahan, Jr. engaged in practice together.

Mr. C. E. Mahan, Jr., is a native of Fayette county.  Upon being admitted to the bar he settled at Wheeling.  When his father, C. E. Mahan, Sr., was appointed as county clerk in place of R. L. Stegall, who had resigned, he came here as chief deputy for his father.  Upon retiring from this office he engaged in his profession here.  Mr. Mahan is an ex-service man, the only one of the Fayette county bar who saw service overseas.

For a period of years George Love practiced law at Montgomery.  In 1908 he was the candidate of the Republican party for prosecuting attorney.  Upon his election he came to Fayetteville and has since made this his home.  He was a vigorous prosecutor, but being a candidate to succeed himself in 1912 he was defeated by C. R. Summerfield.  He resumed the practice of law, was defeated for the office again in 1916, but tried again in 1920 and this time turned the tables on Mr. Summerfield.  Mr. Love has entered upon the discharge of his duties with all the old time spirit and has a period of service yet ahead of him.

J. C. Farr, who served two terms as circuit clerk, is also a resident attorney, but does little practice, not maintaining an office.

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   There are three colored attorneys in Fayette county. T. L. Sweeny who was formerly a school teacher, maintains an office at Fayetteville where he has lived for a number of years, making a success of his profession.  J. M. Ellis has long been a successful lawyer at this bar.  He has served his people in the legislature and is regarded as a leader of his race.  He makes his home at Oak Hill.  J. H. Love, the latest colored man to be admitted to the bar, lives at Montgomery where he maintains an office.

Attorneys living in Fayetteville are not mow so numerous as they once were.  E. R. French and Ben D. Koontz have gone to New Mexico; M. W. Ryan, F. H. Braize, Elmo McVey, L. E. Poteet and John S. Horan have gone to Charleston as have others heretofore mentioned.  Jesse W. Daniel, J. W. St. Clair, E. M. McPeake, and H. J. Tucker have crossed the Great Divide.  Others come to mind who tarried here awhile and then passed on, among them being J. A. Dotson, S. M. Wood, Sam Love, former assistant prosecuting attorney, and W. C. Elwick.

Of the seven attorneys of Fayette county now living outside of Fayetteville, three make their home at Montgomery.  C. T. Dyer has for a long time been an attorney there.  L. Burke O'Neal is also one of the busy attorneys at that place.  J. H. Love who has already been mentioned is the third.

George H. Brackland, formerly a justice of peace, resides at Gauley Bridge and is a practicing attorney at this bar.  In addition to his profession, he further adds to his income by acting as the local jeweler.

Robert Essex has long been practicing his profession at Glen Jean where he maintains a successful office.  It was at Glen Jean where Judge Eary, then a young barrister, first settled for practice, but he shortly afterward came to Fayetteville, leaving Mr. Essex the only attorney there.

R. O Hamilton, now of Ingram Branch, practices his profession in that section.  Col. G. W. Imboden who lived at Ansted was also an attorney, but recently he crossed the Great Divide.

We have, we believe, named every attorney at the Fayette bar.  Some are more active than others in the practice of their profession.  They are a fine body of men, the peer of throughout the state.

The foregoing text was taken directly, verbatim, from The History Of Fayette County, West Virginia as it was originally written.  This book was written by J. T. Peters and H. B. Carden.  It was published in 1926 by the Fayette County Historical Society, Inc., Fayetteville, West Virginia, and printed by Jarrett Printing Company, Charleston, West Virginia.  All rights reserved.

[Table Of Contents]
[ Dedication | Foreword ]
[ 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 ]
[ 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 ]
[ 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ]