Although Walter B. Scates never resided in Marion he served as one of Williamson County’s first circuit court judges that resided over court in the small county clerk’s office on the public square in Marion before the first court house was ever built. He also helped form not only the statutes of Illinois but was responsible for the passage of legislation allowing lawyer’s to have access to their clients in jail.
Walter B. Scates was born on January 18, 1808 in South Boston, Halifax County, Virginia, and when but a child his parents removed to Tennessee, and soon after to Christian County, Kentucky. He was the son of Joseph W. Scates (1775-1842) and Elizabeth Eggleston Bennett (1774-1849). His brothers and sisters were: William Bennett (1802 – 1882), Harriet Fields (1804 – 1855), Joseph W., Jr. (1805 – 1856), Elizabeth Eggleston (1810 – 1860), Isaac Coleman (1812 – 1854) and John Tyler Scates (1814 – 1888).
Walter received his early education in Kentucky, with a finishing course at Nashville, Tenn. Upon arriving at maturity he read law with Hon. Charles S. Morehead, and was admitted to the bar in 1833. In 1832, during the Black Hawk War, Walter served as musician in the army for a period of 90 days.
He married Mary Ellen Ridgeway who was born in 1818 in Virginia. They were married on November 21, 1836 in Gallatin County, Illinois. In 1836 he moved to Vandalia, Illinois when he was appointed Attorney-General of the State, and the next year was elected a Judge of the Third Judicial Circuit Court by the Legislature.
In 1840, he was elevated to the Supreme Bench, moved to Southern Illinois and was living in Mt. Vernon, Illinois.
By act of the Legislature approved January 7, 1835, the State of Illinois was divided into five (5) Judicial Circuits. Williamson County, then Franklin, was in the first circuit, but we have no records of courts being held in this county prior to the establishment of the County Seat of Marion on August 20, 1839. The records show that Samuel D. Lockwood, William Brown, Jeptha Hardin, held court in and for the County of Franklin prior to 1840.
The first Williamson County court house was merely the clerk’s office on the square, first occupied May 4, 1840 by the circuit court over which Judge Walter B. Scates and Sidney Breese presided and held the courts up to September, 1848 when Scates resigned and later moved to Chicago. It was recorded in Irwin’s history of the county that, “This court was conducted very loosely. A Justice’s court had simply authority, without dignity, in those days.”
During his time as Judge of the Third Circuit Court in Southern Illinois, he spent much of his official time concerned with the Flathead and Regulator war that was flourishing in Massac County, a county in extreme Southern Illinois situated on the Ohio River. The most important case tried in the circuit court of Franklin County was tried before William A. Denning, in 1847, which grew out of troubles in Massac County the previous year. For some time there had been a band of horse thieves, counterfeiters, and other criminals who had split the people of the county into two groups: the Flatheads and a group who proclaimed it their duty to eliminate this group, the Regulators.
Such anarchy prevailed that regular court in that county could not be held. George W. Akin was appointed Deputy U.S. Marshall, and with about a hundred citizens went to Massac County and arrested about 50 offenders, and took them to Benton in Franklin County for trial. Richard Nelson was prosecutor and Walter B. Scates was defender of the group. Feelings ran so high that one day after court adjourned, the two attorneys got into a quarrel and Nelson drew a pistol and shot at Scates. The shot missed him and others interfered and prevented further trouble.
For a time, prisoners were held in hotel rooms for lack of space at the jail. Scates came by to see some of the Regulators who were his clients and was refused admission by the jailor, who had orders from the Marshall to admit no one. Scates declared that he would have a law passed permitting attorneys to visit their clients at any time and under all circumstances. He kept his promise and a law was afterward passed.
In the 1850 census, he and his family was living in Mt. Vernon in Jefferson County, Illinois. He was 42 years old and his wife was 22. They had four children living at home: Walter, 10; Eugene, 8; Clarence, 5; Mary E., 2. Also, living with the family was Nancy Elsworth, 17, probably a domestic servant.
By the 1860 census, they were living in Ward 8 in Chicago, Cook County, Illinois. Their family had grown considerably. In addition to Walter, 20; Gene, 18; Clarence, 15; and Mary, 12; they had Charles, 7; William, 4, and Lillie, 1. Mary Dunley, 22, lived with them to help with the children.
With the outbreak of the Civil War, he enlisted in the U.S. Army on June 30, 1862 and was commissioned a Major on the staff of General John A. McClernand. He was then promoted to Full Lt. Colonel on January 1, 1863. As Lieutenant Colonel, he served as General John A. McClernand’s Chief of Staff for the entire war and for meritorious services, was brevetted Brigadier General of U.S. Volunteers on March 13, 1865 at discharge. After the war, he declined President Lincoln’s offer of the New Mexico Territory governorship and served as collector of customs for the Port of Chicago, (1866-69).
In 1870, he resumed the practice of law in Chicago and continued until his death at age 78. He died in Evanston, Illinois on October 26, 1886 and was buried at Rose Hill Cemetery in Chicago. His wife Mary Ellen died in 1891.
Notes on the Children:
Walter B. Scates, Jr. was born on Feb. 28, 1840 in Shawneetown in Gallatin County, Illinois. He married Aurelia Noble Lathrope. They had: Alice, Bernie, Bessie, Edgar L and Lydia Scates. He died on May 5, 1917.
Clarence Scates was born on Mar. 6, 1842 in Mount Vernon, Illinois. He married Margaret S. Perry in Cook County, Illinois on July 26, 1877. They had a son named Theodore P. Scates in 1878. He died on April 17, 1887.
Eugene Scates was born on May 8, 1845 in Mount Vernon, Illinois. He married Lillie N. Lathrope. He died on October 20, 1911.
Mary Elizabeth Scates was born Sept. 23, 1848 and died Aug. 7, 1937.
Charles W. Scates was born on Sept. 16, 1853 in Caseyville, St Clair County, Illinois and died in Chicago on July 19, 1929. He married Cora A. Cox. They had a child named Carlie E. Scates.
Lillie Scates was born on May 6, 1856 in Mt Vernon. She died on Sept. 9, 1937
William Scates was born in Evanston on July 10, 1859. He died in Chicago on Feb. 4, 1931. He married Marie McMahon Sept. 8, 1892. They had Paul W. and Helen M. Scates. In the 1900 census he was a bookkeeper. In 1920 he was a bookkeeper in a law office. His death certificate says he was an accountant. He was buried in Rose Hill Cemetery in Chicago.
Walter B. Scates did not have a daughter, Sarah Ann, who married John Goodall as is reported in some books. Sarah Ann Goodall’s father was Zebulon B. Scates.
(Sources: U.S. Census Records; Ancestry Family files; History of Gallatin, Saline, Hamilton, Franklin and Williamson Counties, Illinois; Pioneer Folks and Places; compiled by Colleen Norman)