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.
Levin
D. Gass served as Master of Olive Branch No. 38 in 1899-1900. We share the biographical sketch included in
the book, The Past and Present of Vermilion County, Illinois,
published by the S.J. Clarke Publishing Company in 1903. 
