Saints and sinners called to the Lucas County bar

Warren S. Dungan (left), who died at 90 during May of 1913, may well have been Lucas County's most highly respected attorney during the 50 years or so that he practiced in Chariton. He also was active in politics, so was not universally loved, but I've never found his honor or professional ethics challenged.

A.J. Hill, on the other hand, was a scoundrel. He arrived in Chariton during 1855 and had been disbarred before 1860 --- perhaps the first Lucas County attorney to meet this fate.

Here's a little tribute to Mr. Dungan, published in The Chariton Patriot of June 17, 1897, when he was only 74, that contain a brief account of Mr. Hill's shenanigans:

+++

Monday, June 14, was the forty-first anniversary of the arrival of Col. W.S. Dungan in Chariton. June 14, 1856, he arrived in Chariton, then a village of some three or four hundred people. With  him, in the stage, came G.M. Binckley, afterward associated in the publication of Chariton's first newspaper, The Mail, first named the Little Giant in honor of Senator Stephen A. Douglass of Illinois.

Having previously studied law in his native state of Pennsylvania, W.S. Dungan, then a young man, came to this far western village to practice his profession. Among the attorneys then practicing at the Chariton bar were James Baker, John Edwards, B.B. Siggens, James Hall and  Acting County Attorney Hill.

This Hill had a singular, and not altogether savory history. He was indicted for changing the index in the mortgage record book so as to make it appear that land in which he was interested, though really mortgaged, was unincumbered. At the time he was brought to trial it was discovered that he had conceived an entirely original line of defense by simply stealing the indictment. For this reason the trial could not be had.

Upon the development of this state of facts, Judge Townsend of Albia, who was then on the bench, peremptorily directed attorney James Baker to draw up a motion disbarring Hill from practice. In five minutes the motion was filed, and the judgement of the court rendered, who said to the offending attorney: "You are disbarred sir." Hill soon after disappeared. Of all those early members of the bar in Lucas county, not one is now living, we believe, except Col. Dungan.

Among the honored citizens still with us, who were here in June 1856, are Thomas Palmer, C.T. Brant, Joseph Braden and the venerable John Sheller. Oliver Palmer, now of Kansas, and E.A. Temple, of Des Moines, were also prominent and leading citizens. Among those since passed away, but still reverently and kindly remembered by all Lucas Countians are Robert Coles, Dr. Charles Fitch and Cyrus F. Temple.

These forty-one years have been eventful in the history of our county, state and nation. In 1856 that portentous controversy --- the irrepressible conflict between liberty and slavery --- was fast approaching that faithful period, which, five years later, culminated in a great war, the destruction of slavery and the re-establishment of the national authority on the basis of freedom and total extinction of the dangerous political heresy that a state could, at its own pleasure, withdraw from the federal compact and at will destroy the Union of the states.

Throughout this formative, as well as progressive period, when we were making a history that would furnish future poets, orators and historians with the noblest examples of heroic patriotism, Col Dungan has been ever active and prominent. Resigning a seat in the senate of Iowa to enter the army he performed honorable and meritorious service for his country. Returning to civil life he has been honored by his fellow citizens and as representative, senator and lieutenant governor he has served the people faithfully and well.

His public and private life is without a stain. In the forty-one years he has lived in this comunity no act of his has brought other than that of good repute. In the church, sabbath school, and in every good work in behalf of his town,  county and state, he has always generously given his time and efforts. We trust that he may long live to enjoy, in his venerable age, the affectionate regard of those among whom he has honorable and usefully lived nearly half a century.

+++

Here, from Mr. Dungan's pen, is a more complete account of that rascal Hill. This paragraph is part of an address delivered by Dungan during dedicatory ceremonies for Lucas County's current courthouse and published in The Chariton Herald of May 31, 1894:

A.J. Hill was another addition to the Lucas county bar in 1855, and in 1856 he was elected prosecuting attorney. Hill was a man of brains but without any moral perceptions whatever. He read law in Iowa City and was first examined for admission to the bar in 1854 and his application refused because of bad moral character. He went to Davenport, was examined and admitted. Soon after he was disbarred at Davenport on the ground of fraud in securing his admission. He then went to Missouri, where he was admitted and then came to Chariton. While acting as prosecuting attorney of this county he changed the index of the mortgage record to enable him to sell certain real estate and by this fraud he accomplished his purpose. For this he was indicted. He stole the indictment and when the case was called the acting prosecutor informed the court of the theft of the indictment. Judge Townsend directed James Baker to draw up a motion to disbar him. Baker sat down, drew up the motion and the court, after hearing Hill deny the charge, sustained the motion. Not more than 15 or 20 minutes intervened between the order to Baker to draw up the motion and the sustaining of the motion by the court. Hill soon after left the state for Kansas, where it was currently reported he soon landed in the penitentiary. His former history became known to the bar and court prior to his disbarment here.