Wednesday, July 14, 2021

D. D. EVANS master in 1882-1883

 

A biographical sketch of Judge D. D. Evans who was Master of Olive Branch No. 38 in 1883 is included in the book, The Past and Present of Vermilion County, Illinois, published by the S.J. Clarke Publishing Company in 1903.  The text of the sketch is here.

JUDGE D. D. EVANS.

Perhaps there is no part of this history of more general interest than the record of the bar. It is well known that the peace, prosperity and well-being of every community depend upon the wise interpretation of the laws, as well as upon their judicious framing, and therefore the records of the various persons who have at different times made up the bar will form an important part of this volume. A well-known jurist of Illinois said: "In the American state the great and good lawyer must always be prominent, for he is one of the forces that move and control society.  Public confidence has generally been reposed in the legal profession. It has ever been the defender of popular rights, the champion of freedom regulated by law, the firm support of good government. In the times of danger it has stood like a rock and breasted the mad passions of the hour and finally resisted tumult and faction. No political preferment. no mere place, can add to the power or increase the honor which belongs to the pure and educated lawyer."  Judge D. D. Evans is one who has been honored by and is an honor to the legal fraternity of Illinois. He stands to-day prominent among the leading members of the bar of the state.—a position which he has attained through industry, energy and marked ability.

The Judge has passed the seventy-third milestone on life's journey, his birth having occurred on the 17th of April, 1829, near Ebensburg, Pennsylvania, his parents being David and Anna (Lloyd) Evans. As the name indicates, the Evans family is of Welsh origin. His paternal grandfather was a native of the northern portion of Wales, while the grandmother was born in a southern district of the rock-ribbed country. In childhood they crossed the Atlantic with their respective parents, who located in the Keystone state. The maternal grandfather of the Judge was a leading and influential resident of Pennsylvania at an early day and was instrumental in the formation of a county there, which he called Cambria, the ancient name of Wales. He also laid out and founded the county seat of the new county, which he named Ebensburg in honor of a deceased son. Not only was he active in the material development of his portion of the state but was a man of much influence as the promoter of its moral progress, being a minister of the gospel.

David Evans, the father of the Judge, was reared in Pennsylvania, became a stonemason

and contractor and aided in the construction of the famous portage road across the Allegheny mountains in Pennsylvania.  That was at an early epoch in the history of railroads and the work was considered a piece of wonderful engineering. The money which he earned in this way Mr. Evans invested in farm land and then turned his attention to agricultural pursuits. It was thus that Judge Evans became familiar with farm labor in his youth. The advantages and privileges which he enjoyed in his early youth were few. He did not enter a schoolroom until he was ten years of age, and then spent only two months in each year for a few years as a student there. He had a love of learning, however, that prompted his acquirement of knowledge through reading and study at home, and in this way he became qualified to teach, and for one or two terms followed the profession of teaching, whereby he acquired means sufficient to enable him to continue his own education at Hiram, Ohio, His capital was also supplemented by his earnings in the harvest field during the summer vacations. On leaving that institution he made his way to southern Ohio and for five or six years continued his work as a successful teacher. During that time he also spent one term as a student in the Normal Institute of Lebanon, Ohio.  Forming the determination to become a practitioner -at the bar, while still pursuing his educational work as an instructor he took up the study of law, and in 1860 he matriculated in the law department of the University of Michigan, at Ann Arbor, and was there graduated in 1863.

In the meantime the country had become involved in civil war, and with patriotic loyalty Judge Evans offered his services to the government, but almost immediately after his enlistment he was taken ill with typhoid fever and was thus forced to return home. In November, 1864, he became a resident of Danville, and has since been numbered among its valued and honored citizens. Here he entered upon the practice of his profession in connection with John A. Kumler. Older practitioners were in the field and the amount of legal business at that time was not great.  He found it difficult to obtain a foothold that would bring him sufficient pecuniary returns to meet his expenses, and, while gaining a start in his profession he again engaged in teaching for a year, and showed himself a successful teacher.  He also became a factor in journalistic circles, and, in connection with Judge Clapp, became the owner of the Chronicle, which was consolidated with the Vermilion County Plaindealer and became the Danville Plaindealer, Judge Evans acting as editor of the new paper. All this, however, was but the means of tiding him over and after a year spent as editor of the Plaindealer he again returned to the practice of law as a partner of M. D. Hawes, and when Mr. Hawes withdrew from the legal profession after four years, Mr. Evans was then alone in business for two years. He then formed a partnership with Charles M. Swallow, this being continued for four years, when the Judge was again without a partner. In the meantime, however, he had demonstrated his ability to successfully cope with the intricate problems of jurisprudence, had displayed broad and comprehensive knowledge of the law, had shown force in argument, strength in reasoning and clearness and capability in the presentation of a cause. His ability attracted to him the attention of the leaders of the Republican party and in 1881 he was nominated on that ticket for the office of county judge.

In speaking of this part of his life a contemporary biographer has said, "When Judge Evans came to the bench he found the affairs of the court in a deplorable condition, owing partly to the long-continued illness of his predecessor, Judge Hanford, and partly to the loose and wholly inefficient methods which had prevailed in the conduct of the office.  He found cases on the docket ten, fifteen and even twenty years behind, and grave abuses and neglect of duty were evident, not the least of which was the practice of allowing guardians, executors and administrators to settle at such times as they might elect, with their wards out of court, and such settlements had been accepted by the court in direct violation of law, which requires such settlements to be made under oath, in court, with an itemized account of all transactions pertaining to the estates or other property in trust.  Judge Evans insisted upon changing all of this.  It is probable that the history of the entire state would fail to show such a complete and radical reformation and transformation in so short a time as was wrought by him during his first term in this office. He radically revised the methods in vogue in probate matters, and as rapidly as possibly under the circumstances, took up, straightened out and disposed of the old cases which had so long been lingering on the docket: required all guardians, administrators, executors, assignees and conservators to account for their trusts in the manner prescribed by law; developed the common law term from practically nothing to three terms per year of several weeks each, or in short he made the county court of almost equal importance to the circuit court. He appointed over two hundred executors and administrators, and about one hundred and fifty guardians and conservators, all of whom he required to account regularly in court as the law required. He gave his undivided attention to the duties of the position to which he had been chosen, and gave careful consideration to each case as it came up; and as a result of this care and as evidence of his knowledge of law and sound legal judgment he achieved the proud distinction of having but one finding revised and but a single one reversed by the higher courts during his term of service.  Upon the expiration of his first term, Judge Evans was again elected to the same position, and for four years more presided over the court, the standing of which he had done so much to establish and elevate.

It must not be supposed that the methods adopted by Judge Evans met the unqualified approval of all people in the community, although no one could speak aught against him personally, for his honor, integrity, ability and all that goes to constitute the ideal judge he was above reproach; yet there were many malcontents. There were those who had been thriving off the estates in trust, who found their occupation gone; the machine politicians were not in love with him, for he was not the kind of man they could approach, much less handle, for the furtherance of their schemes ; and when it came time to nominate a candidate for the third term Judge Evans busied himself with the duties of his office instead of wire-pulling for the nomination, with the result that he awoke one morning and found another Republican in the field. Then it was that the better element of the other political party— the Democratic—formed plans, and without consulting him and entirely without his knowledge, and of course without his consent, either directly or indirectly, placed his name on the ticket as their candidate for county judge. They justified their action in this matter partially by citing the fact that during his first candidacy for the office they had placed no candidate for the office of their own against him but had instead placed his name on their ticket, thus making him virtually the candidate of both political parties ; and now, when the machine element in his own party had succeeded in getting him put aside, the Democrats placed his name on their ticket from consideration of the able and impartial manner in which he had for eight years conducted the affairs of this important position. This action of his friends—undoubtedly kindly meant—placed Judge Evans in an awkward position. He could not without wounding the feelings of his friends preemptorily spurn this indorsement and in fact and truth he had no opportunity of "declining the honor," as he was never consulted in the matter; so he simply let matters take their course. His enemies worked persistently and desperately, while he made no move and gave no utterance in his own behalf. The result was that he was defeated at the polls by a small majority. This may have been poor "politics," and undoubtedly was from a practical standpoint, but Judge Evans was never a practical "politician" in the sense that term is used in the present day. He has none of that "all-things-to-all-men" sort of qualification which is the principal stock in trade of the average latter-day politician. He is modest, dignified and reserved, and scorned the practice of going into the field and actively soliciting votes for himself. The result was that his opponents called him an aristocrat without sympathy with the common people, and said he was a party turncoat because his name appeared on the Democratic ticket. By these and other like methods enough votes were secured to retire him from the office he had done so much to dignify and honor. He accepted his defeat gracefully, and at once took up again the practice of his profession

While the practice of law has been the real life work of Judge Evans he has at the same time been connected with some very important business affairs and with public interests. In 1892 he became an equal owner in The Wabash Milling Company, but in 1894 a disastrous fire destroyed the plant, which was only partially insured, and thus a large loss was sustained. In matters pertaining to the general good the Judge has always been found on the side of progress, improvement and reform. He has been a member of the board of education in Danville and the cause of the schools have found in him a warm and helpful friend. He has never wavered in his allegiance to the Republican party and has been recognized as one of its leaders in his district, serving as chairman of the Republican central committee.  In 1876 he was made a delegate to the Republican national convention, which nominated Hayes for the presidency and again and again he has been sent as a delegate to the state conventions of his party.  He has ever been fearless and outspoken in defense of his honest political convictions, yet is not bitterly aggressive, however, no one has occasion to question his views. It is doubtful if he ever weighed an act of his life in the balance of political policy. He is an incorruptable patriot and deserves the homage that commanding ability wins from all men. In the press by his own pen he has denounced false methods and has ever believed in the office seeking the man rather than the man seeking the office. 

In 1867 occurred the marriage of Judge Evans and Mrs. Edwilda A. Sconce, whose maiden name was Cromwell. They became the parents of three children, but only one is now living, Waldo Carl.  The Evans household has ever been noted for its gracious hospitality, this home being the favorite resort of the citizens of Danville and its social features are most enjoyed by the friends of the Judge and his estimable wife. As an orator. Judge Evans is not one of prominence, but is clear and forceful. He has been a student not only of political issues but of social and economical questions and from his pen have come able utterances on many subjects, covering a wide range of thought and investigation.  There is nothing narrow or contracted about him and he cannot accept narrow creeds or dogmas but his is a religion which believes in the uniform laws of the universe and the brotherhood of man.  He is a member of no church but his morals and integrity are unquestioned. He is a follower of facts rather than faith and is a believer in the freedom of thought.  Few lawyers have made a more lasting impression upon the bar of the state, both for legal ability of a high order and for the individuality of a personal character, which impresses itself upon a community. Of a family conspicuous for strong intellects, indomitable courage and energy, he entered upon his career as a lawyer, and such was his force of character and natural qualifications that he overcame all obstacles and wrote his name upon the keystone of the legal arch. In his private life he is distinguished by all that marks the true gentleman. His is a noble character,—one that subordinates personal ambition to public good and seeks rather the benefit of others than the aggrandizement of self. Endowed by true nature, with high intellectual qualities, to which he has added the discipline and embellishments of culture, his is a most attractive personality. Well versed in the learning of his profession, and with a deep knowledge of human conduct, with great sagacity and extraordinary tact, he stands to-day as one of the most distinguished members that has ever practiced at the bar of this portion of Illinois.

No comments:

Post a Comment