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

by William Denison Lyman

Judge Wingard was red headed, a little dyspeptic, somewhat irritable at times and usually wore a shawl around his shoulders, while occupying the bench. He was much given to imposing fines on lawyers, jurors and witnesses who came in late, but generally remitted them after he had cooled off. He was always kind to the young, inexperienced lawyer, giving him good advice, and extending a helping hand when the young fellow was lost in his case and grasping for a straw. He was more exacting with the older lawyer and quickly became impatient when one of them tried to mislead him as to the law. However, he was a good judge, honored and respected by all, and administered the law as it appeared to him, without fear of being recalled.

Andrew J. Cain was probably the pioneer lawyer of Southeastern Washington, and made his first appearance as a clerk in the quartermaster's department, at the time the treaty was concluded by General Wright with the Indians, at Walla Walla in 1858, and assisted in preparing the terms of this treaty. He practiced in Walla Walla from 1860 until 1873, when he came to Dayton and soon afterwards founded the Dayton News, Dayton's pioneer newspaper. He had full charge in the Legislature of the bills creating the present County of Columbia, is frequently mentioned as the father of that county, and was its first county auditor. He was always considered an able and well equipped lawyer, not particularly eloquent, but very forcible in his speech, and was quite successful while engaged in the practice. He died in 1879.

Col. Wyatt A. George was born in Indiana in 1819, and after serving in the Mexican war, came to the coast during the gold excitement of 1849. He followed the mining camps until 1860, when he settled in Walla Walla, practicing there until the District Court was established in Dayton in 1878, when he removed to that town. He practiced in Dayton for ten years and then went to Pomeroy for a short time, then to Colfax, and afterwards returned to Walla Walla, where he died without means, his last wants being administered by the members of the bar, with whom he had practiced for so many years. His knowledge of the law was wonderful, and he was often referred to as a walking law library, and by many as "Old Equity." He seldom referred to a law book, yet his knowledge of the principles and reasons of the law, and his familiarity with the technical system of pleadings then in vogue, was such that he seldom entered a case, without interposing a demurrer or motion against the pleading of his adversary, and always demanded and collected terms before allowing them to plead over. He was perhaps the ablest common lawyer in the territory, and was very successful in his practice. The old colonel with his tall, slender form, his white beard, his stove pipe hat and cane, was noticeable in any gathering, and he always believed in maintaining the dignity of his profession in the manner of his dress and his bearing on the street. The colonel wasn't much of a joker, but had a sense of dry humor about him, which sometimes cropped out, and was much appreciated by his associates. There was a drayman in Dayton in those days, known as "Old Jake," who drove a pair of mules to his dray. His mules were attached and he employed Colonel George to claim them as exempt. The previous Legislature in describing the property exempt to a teamster, had unintentionally omitted the word "mules," and Judge Wingard held against the colonel. After studying the statute for a moment, the colonel remarked to the judge that the members of the late lamented Legislature had evidently overlooked mules, but that it was the first time in the history of the world that a mule had been overlooked by a set of jackasses.

Judge Sturdevant came to Dayton in 1874, and was soon elected prosecuting attorney of the first judicial district. He was the first probate judge of Columbia County and its prosecuting attorney for many years. He was a member of the constitutional convention, and the first judge of this judicial district after we became a state. He practiced law in Columbia County until a few years ago, when he removed to Olympia, but occasionally comes back for the trial of some case and recalls old memories. The judge was of a very genial disposition, always ready to lay aside his work and tell a good story, yet withal he was a splendid lawyer, trying his cases closely and generally with success, and even yet in his old age, he retains his knowledge of the law, his cunning and his ready wit, and bids fair to practice law for many years to come.

Morgan A. Baker was a young man when he came to Dayton from Albany, Ore., in 1877. He was a good office lawyer and a safe adviser. He was somewhat diffident in court, but usually tried his cases well. As a politician and manager of the old democratic party in this county, he was in a class by himself. He practiced here for thirteen years and was very successful in his profession and in a financial way. He removed from here to Seattle and afterwards returned to his first home at McMinville, Ore., where he died a few years ago.

The other local lawyers who were present at the first term of court, did not remain here long. M. W. Mitchell is still living at Weiser, Idaho. Tom Crawford located at Union, Ore., and attained considerable political prominence in that state.

In 1879, David Higgins and James Knox Rutherford came to Dayton. Higgins was an elderly man, and somewhat hard of hearing; he never had to amend his pleadings, because no one could read his writing; he had a very good knowledge of the law, and is principally remembered as the man who broke the first city charter. He afterwards located at Sprague where he died many years ago.

Rutherford was prosecuting attorney for several years and assisted John B. Allen in the prosecution of Owenby, McPherson and Snodderly, the most celebrated murder trials of this part of the state. Rutherford went from here to Whatcom, and when last heard from was working at his old trade as a paper maker at Lowell, Wash.

In 1880, Melvin M. Godman and John Y. Ostrander located in Dayton. Judge Godman was then a young lawyer, from Santa Clara, Cal., but was very successful from the start, and soon attained prominence in his profession. He was acknowledged by all, as one of the greatest trial lawyers in Eastern Washington. He was an eloquent advocate, with a good knowledge of the law, forcibly presenting the strong points of his own case, and quick to discover the weak points in his opponent's case, and turn them to his own advantage. He was twice a member of the Legislature, a member of the constitutional convention, the second superior judge of this district, an unsuccessful candidate for supreme judge, congressman and governor of the state, and at the time of his death was chairman of the Public Service Commission. He was one of the great men of the state. John Y. Ostrander was the son of Dr. Ostrander, and born in Cowlitz County, but came to Dayton from Olympia. He was a good lawyer for a young man; was red headed and a natural fighter, and even when he lost his case, he gave his opponent good reason to remember that he had been in a lawsuit.

In 1881, Elmon Scott was admitted to practice in the courts of this district, at Dayton, and located at Pomeroy, where he became prominent in his profession, and when we became a state, he was elected to the Supreme Court, doing honorable service for twelve years. He then retired from practice and is now living quietly at Bellingham, enjoying a well earned competency. In 1883, Mack F. Gose took his examination at Dayton and also located at Pomeroy, where he developed into one of the most successful lawyers in Eastern Washington. He served for six years on our supreme bench, where he justly earned the reputation of being one of the greatest judges our state has yet produced. Judge Gose delved deeply into the law and his thorough knowledge of its fundamental principles was responsible for his great success upon the bench. The judge is admired by his acquaintances and worshiped by his friends in Garfield County, where he spends his summers on his ranch at Mayview.