Lyman's History of old Walla Walla County, Vol. 1 / Embracing Walla Walla, Columbia, Garfield and Asotin counties

by William Denison Lyman

While the systems prevailing prior to the admission of the state in the territorial courts permitting the judge who tried the case to be a member of the Supreme Court on the hearing of the case on appeal would seem to be peculiar, it was not so unsatisfactory in its results as one would be inclined to think it might have been.

J. L. SHARPSTEIN.

We next present a contribution from Judge Chester F. Miller, of Dayton, long and intimately identified with the legal practice and with the court decisions of this section. We have had occasion to refer to Judge Miller many times in the course of this history, and we have had the privilege of enrolling him among the advisory board for the work. Anything from his pen is of exceptional value. His contribution follows here:

LAWYERS AND JUDGES OF COLUMBIA AND GARFIELD COUNTIES

The district court of Walla Walla County, with jurisdiction over all of the eastern part of the territory, was created by the Legislature in 1860, and made a part of the First Judicial District of the territory. Judge William Strong of Vancouver then presided over this court, and held his first term at Walla Walla on June 4, 1860. In 1861, James E. Wyche was appointed judge of the district, took up his residence in Walla Walla and thereafter held regular terms in that place. The territorial judges succeeding him were James K. Kennedy in 1870, J. R. Lewis in 1873, Samuel C. Wingard in 1875, and William G. Langford in 1886.

COUNTY COURTHOUSE, WALLA WALLA

The only resident attorneys appearing of record at the first term of court held in Walla Walla were Andrew J. Cain and Col. Wyatt A. George. There may have been other mining camp lawyers in Walla Walla at that time, but they did not remain long enough to become identified with the courts or the early history of this section. William G. Langford, James H. Lasater and James D. Mix came in 1863, Benjamin L. Sharpstein in 1865, Nathan T. Caton in 1867, Thomas H. Brents in 1870, Thomas J. Anders in 1871, John B. Allen and Charles B. Upton in 1878 and Daniel J. Crowley in 1880. Although these lawyers resided in Walla Walla, and were more closely identified with the history of that county, yet they should be mentioned here, for the reason that they followed the judge around the circuit of the old first judicial district, and practiced in the district courts of Eastern Washington, as fast as they were created by the Legislature. The court practice in those days was very different from what it is now. When Judge Wingard was appointed in 1875, he held court in Walla Walla, Yakima and Colville. Afterwards Dayton, Colfax and Pomeroy were added to the court towns. Court was held two or three times each year in each town, and usually lasted for two or three weeks. The judge was followed around the circuit by the members of the bar above mentioned. They took their chances of picking up some business at each term, and on account of their experience and ability were usually associated with local counsel on one side or the other of each case. There was no preliminary law day, and the attorneys had to be ready on a moment's notice to argue the motions and demurrers, and get their cases ready for immediate trial. Stenographers and typewriters were unknown, and the lawyer prepared his amended pleadings at night with pen and ink, and in the morning proceeded with the trial of his case. Law books were few and far between; a good working library consisted of the session laws, "Bancroft's Forms," "Estee's Pleadings," and a few good text books. Supreme Court reports were unknown in this section of the country, and the case lawyer had not yet come into existence. In the argument of legal questions, decisions of the courts were seldom mentioned, but the lawyers depended upon their knowledge of the principles of the law, and their ability to apply those principles to the facts of the case on trial. There were no specialists in different branches of the law in those days and the successful lawyer was able to take up in rapid succession, with only one night for preparation, first an important criminal case, then a complicated civil jury case, and then an intricate equity case. There may be at this time abler lawyers in some one branch of their profession, than were this pioneer bar, but for a general knowledge of all the branches of the law, and readiness in applying the fundamental principles of the law to their particular case, without having reference to the court reports, the pioneer lawyer was far in the lead of the modern practitioner. This method of practice made big, broad and ready men; the little lawyer drifted in and soon drifted out; only the big ones remained, and they made their mark both in law and in politics. In those days, when there were no railroads, no daily newspapers, no moving picture shows, or other places of amusement, the people from far and near came to town during court week and regularly attended its session, enjoying the funny incidents coming up during the trials, and listening attentively to the eloquent speeches of the able lawyers.

The District Court for Columbia County was created in 1878, and in June of that year, Judge Wingard held his first term in Dayton. In addition to the Walla Walla lawyers above mentioned, the following members of the local bar were in attendance at that time: Andrew J. Cain, Robert F. Sturdevant, Wyatt A. George, Morgan A. Baker, Mathew W. Mitchell, Thomas H. Crawford, John T. Ford, William Ewing and John D. McCabe, of Dayton and William C. Potter and Joseph H. Lister of Pomeroy.