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Chronicles of Oklahoma
Volume 20, No. 3
September, 1942
NECROLOGY

Page 285

Royal J. Allen

ROYAL J. ALLEN
1865 — 1942

Royal J. Allen, born October 5, 1865, in Collin County, Texas, about five miles north of McKinney, was the son of Malichi W. Allen and his wife, Mattie Virginia Allen. His grandfather, Jonathan Allen, was born in Virginia and came from Virginia to Arkansas and from Arkansas to Texas and engaged in the mercantile business and was a member of the legislature of Texas and an early day county judge of Collin County.

Royal J. Allen was educated in the local common schools and Academy and at the A. & M. College, College Station, Texas. He was elected as a Democrat from District No. 93 to the Convention to frame a Constitution for the state of Oklahoma, and served on the following committees: Education, Revenue and Taxation, Public Institutions and State Buildings, Primary Elections, Legislative Apportionment, Judicial Apportionment, Counties and County Boundaries, the latter of which he was chairman.

His father, during the administration of Governor James W. Throckmorton, with others, guarded the border of its northern frontier against Indian depredations, and acquired a farm near Pilot Point, Texas, and resided there at the time of his death.

Royal J. Allen, whilst a young man, was sent to Duncan by J. B. Wilson of Dallas, to look after his cattle ranch and later operated a grocery store and then was president of a bank.

His wife, Miss Nora Jeans, whom he married at Duncan, died on January 17, 1929, and was there interred.

He was a member of the Council and later Mayor of Duncan and immediately after the erection of the state he was appointed and qualified as a member of the State Board of Affairs, and designated as its chairman, and continued as such until early in January, 1911. He was a member of the Masonic Order, and a Past Grand Master.

He died at Muskogee on January 26, 1942, interment at Duncan, January 29, 1942, survivors of his family being as follows: a daughter, Mrs. Arthur H. Brown, Muskogee, and two grandsons, Fred Allen Brown and Arthur Brown, Jr., and two sisters, Mrs. Mittie A. Wiley of Denver, Colorado, and Mrs. L. A. Scott of McKinney, Texas.

In addition to the offices and places of trust hereinbefore enumerated, for years he was tag agent at Duncan and held other official places under appointment of the governors of the state.

He was devoted to his wife and children and a loyal and patriotic citizen, and a faithful public servant.

R. L. Williams.

Durant, Oklahoma


EMMETT LEE RODMAN 1873 — 1939

Emmett Lee Rodman, born in Marshall County, Mississippi, Feb. 12, 1873, and died on May 17, 1939, and interred in Nichol's Chapel Cemetery at Altus, Ark., was the son of William DeKalb Rodman, who was born in Chester County, S. C., on Sept. 29, 1841, and died at Van Buren, Ark., on May 28, 1919, and his wife, Nancy Evelyn (Cumpton) Rodman, born in Marshall County, Miss., on June 24, 1852 and died at Altus, Ark., on Oct. 6, 1916, where they were interred.

His paternal grandfather, John Rodman, was born in Chester County, S. C., on April 8, 1801, and grandmother, Sarah (Kell) Rodman, on Jan.

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21, 1802, and died in 1875. His maternal grandmother, Martha Caroline Moseley, born in Georgia May 20, 1829, was married to Perry Cumpton in 1847, who was born in Lawrence County, S. C., on Nov. 20, 1819, and died at Altus, Ark., on March 26, 1908, where interred. His paternal great-grandfather, Alexander Kell, was born in Chester County, S. C., in 1770, and his paternal great grandfather, John Kell, was born in Ireland in 1736 and died in Chester County on Nov. 2, 1819.

His father and mother were married at Barton, Marshall County, Miss., on Oct. 5, 1871, and to this union came the following children, towit, Emmett Lee Rodman; Willie Rodman, born Feb. 27, 1875, died Nov. 15, 1877; Dovie Rodman, born Jan. 25, 1878, died May 25, 1884; Evan Rodman, born May 26, 1880, died Aug. 20, 1924; Ewell Rodman, born May 25, 1882, died Feb. 25, 1883; Bertha Rodman, born July 28, 1886, died Nov. 25, 1940.

He matriculated at Central Collegiate Institute at Altus, Arkansas in January, 1887, the name of which during that year was changed to Hendrix College, and continued there as a student until it was removed to and relocated at Conway, Ark., and then he continued at Hiram & Lydia College, which succeeded Hendrix College, at Altus, Ark., from which he graduated on June 8, 1893. On March 5, 1894 he matriculated at the Arkansas Industrial University at Fayetteville, which later became the University of Arkansas, and continued there until Nov. 9, 1895, when he began teaching at Center Cross, and later at Stone Hill, and then as principal of the Altus schools on Sept. 7, 1896. He received an A. B. degree from the University at Fayetteville, Arkansas. He remained as principal at Altus until 1901 and on Sept. 2, 1901, he became superintendent of the Public Schools at Poteau, Choctaw Nation, Indian Territory, where he remained in such capacity until September, 1912, and then became superintendent of the schools at Antlers, Oklahoma, where he remained in such capacity until his death on May 17, 1939.

He received from the governors of Oklahoma recognition by appointment as a member of the State Textbook Commission on June 20, 1929, and at time of his death having been so appointed was member of the Oklahoma State Board of Education.

He became a member of the Kappa Sigma Fraternity on Aug. 11, 1894, and of Knights of Pythias, Lodge No. 96, Altus, Ark., on May 6, 1897, and Denning Lodge No. 146, I. O. O. F. on April 22, 1897; and a Master Mason in Central Lodge No. 389, Altus, Ark., in May, 1898, and of Queen Esther Lodge, Order of Eastern Star at Altus, Ark., and continued as such until his death and was also a member of the Presbyterian Church, and an Elder, and superintendent of its Sunday School at Antlers, and affiliated with the Democratic party.

His father at the beginning of the Civil War in 1861 was a student at Erskine College, then at Donald Station, now at Due West, S. C., and returned to his home in Mississippi and enlisted Sept. 19, 1861 at Iuka, Miss., with the following service record: Private and 1st sergeant, Capt. Geo. M. Moseley's Company (Walker's Reserves), which became Co. A, 1st (Johnston's) Regt., Miss. Infantry, C. S. A. Muster roll for July and August, 1864 shows him present, with notation: "On extra duty as Sgt. Major from 13th June to 9th August, and as Adjutant since that time," and promoted to Sgt. Major, of regiment Aug. 8, 1864, and muster roll of the Field and Staff of regiment for Aug. 31, 1864 to Feb. 28, 1865, last on file, shows him present, and that he was captured Feb. 16, 1862 at surrender of Fort Donelson, and imprisoned at Camp Morton, in Indiana, and received near Vicksburg, Miss., Sept. 11, 1862, by the Confederate Agent for Exchange, and again captured July 9, 1863 at Port Hudson, La., and paroled on July 12, 1863, and that W. D. Rodman, Captain, Co. C, 22nd Regt., Miss. Inf., C. S. A., paroled at Greensboro, North Carolina,

E. L. Rodman

Page 287

May 1, 1865, in accordance with terms of military convention entered into on April 26, 1865, and was a gallant Confederate soldier.

Emmett Lee Rodman's record in Indian Territory and Oklahoma as a teacher and educator and citizen, from its beginning on Sept. 2, 1901 until his death on May 17, 1939, was creditable and outstanding.

R. L. Williams.


Lewis Milton Poe

LEWIS MILTON POE
1863 — 1941

Judge Lewis Milton Poe was born at Russellville, Arkansas, August 29, 1863, the son of Elijah Holley Poe and Eliza (Green) Poe, and died at Tulsa, Oklahoma, March 8, 1941.

Judge Poe was married to Lou Lane at Dallas, Arkansas, June 28, 1885, and of that marriage the following children were born: Myrtle Poe, a daughter; Roy Robert Poe; Elijah Holley Poe; Lewis Lane Poe; Lewis Milton Poe, Jr., and John Hunter Poe, sons. The widow and all children survive him.

Judge Poe was admitted to the practice of law at Dallas, Arkansas, in 1885, and continued in practice there until he moved to Pawnee, Oklahoma, at the opening of the Cherokee Outlet in September, 1893. He was a delegate to the National Democratic convention at St. Louis, Missouri, in 1904. On his moving to Pawnee he and Harry Campbell entered a law partnership under the name of Poe & Campbell, for the practice of law, which partnership continued at Pawnee and Tulsa until Judge Poe, on the erection of the state, was elected on September 17, 1907, first District Judge in the 21st Judicial District, including the County of Tulsa, and assumed office on the admission of the State into the Union on November 16, 1907. The 21st Judicial District at that time was composed of Osage, Payne, Pawnee and Tulsa counties, Judge Poe being the only Judge in the District as then constituted.

Judge Poe was always active in civic and political affairs and projects looking to the general welfare of the community, and was largely instrumental in preparing all papers and notices looking to the incorporation of Tulsa as an incorporated town and headed the committee that went to Muskogee and appeared before the United States Court and procured the decree incorporating the town in 1898.

He was elected and served as the third Mayor of Tulsa and represented Tulsa County in the Fifteenth Legislature of the State of Oklahoma.

Shortly after coming to Tulsa he joined the Methodist Episcopal Church, South, and was thereafter continuously active in its affairs, serving as Sunday School superintendent, Trustee, and in other official capacities. He was a charter member of Tulsa Lodge No. 71 A. F. & A. M. of Tulsa, and served as Worshipful Master of the Lodge.

Judge Poe, after serving two terms as District Judge, retired from the bench, resuming the practice of law, which he continued until the time of his death; interment at Rose Hill Cemetery, Tulsa, Oklahoma. From the time he came to Tulsa he enjoyed an extensive and lucrative practice until he was elected District Judge, and after retiring from the bench his practice was extensive and profitable.

Judge Poe, in both his private and professional capacities, was a man of the highest character, life morally clean and steadfastly maintaining the finest and highest traditions of his profession. As District Judge he so conducted his court that there was never any suggestion of irregularity of any kind. He conducted his court with ability and the highest sense of judicial conduct and ethics. He was fair and unbiased in all

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decisions, never influenced by friendship, animosity, bias or pressure of any kind. A good man and fine citizen, a devoted husband and father, who proved his faith by his works, is gone from our association, and will will be so remembered.

Harry Campbell.

Tulsa, Oklahoma


PERRY C. BOLGER
1867 — 1936

Perry C. Bolger, born November 4, 1867 in Columbia County, Arkansas, was the son of Hiram P. Bolger and his wife, Sarah E. (Mathews) Bolger, natives respectively of South Carolina and Georgia.

His grandfather, John Bolger, Sr., born in London, England about 1760, landed at Charleston, South Carolina about 1774, where he received his education and became a physician and a Baptist preacher and located at Abbeville, South Carolina, where his oldest son, John Bolger, Jr., was born on March 3, 1798, who married Sarah Nobles on March 23, 1821. To this union came fourteen children, the tenth of whom was Hiram P. Bolger, born February 19, 1837 in Talbot County, Georgia, who in 1855 settled in Columbia County, Arkansas. Whilst residing near Pocahontas, Arkansas on May 8, 1861, he joined the Columbia Guards, 6th Ark. Inf., Confederate States of America, according to Confederate records in the United States War Department, and at Little Rock on May 29, 1861 completed his enlistment and was mustered into service on July 26, 1861. Muster roll from February 28 to April 30, 1862 as to him shows "discharged—wounded, Shiloh" and "paid May 19, 1862." After remaining in a hospital for along period he was discharged as disabled and returned home and later again rejoined his command and served until the close of hostilities.

In 1867 he was married to Sarah Mathews, daughter of Dr. James P. Mathews and his wife, Mary Keith Mathews, at Sharman, Arkansas. To this union came four children, Perry C., born on November 4, 1867, and died November 26, 1936, interment at Poteau, Okla. The other children, Annie, Willie and Hiram P. Jr., died in infancy.

Perry C. Bolger's father, Hiram P. Bolger, died May 3, 1904, interment in Magnolia (Arkansas) cemetery on May 4, 1904.

Dr. James P. Mathews settled in what is now southwestern Columbia County, Arkansas in 1847 and engaged not only in the practice of medicine and surgery but also in business as a merchant and planter. During the Civil war he was captain of Co. H, 11th Ark. Regt., Confederate States of America, which was organized under his leadership.1

He was born January 8, 1818 in Georgia and died in Arkansas December 20, 1876, interment in cemetery at Magnolia, Arkansas.

Sarah E. Mathews, his (Perry C. Bolger's) mother, was born at Sharman, Arkansas December 8, 1842 and died at Poteau, then Indian Territory, March 15, 1907, interment in Magnolia (Arkansas) Cemetery.

On June 27, 1913 he was united in marriage with Mary Stalcup, who survives him. He attended the common schools until he was enabled to teach the primary courses, for six years being so engaged. With his savings, he entered Washington & Lee University at Lexington, Va., and after having finished the junior law course, returned to Arkansas and was admitted to the Bar and entered the law office of Wood & Henderson of Hot Springs, Arkansas, where he continued his work and law



Perry C. Bolger

Page 289

studies for two years. Then after engaging in teaching in Arkansas for two years he came to Indian Territory and was admitted to the Bar of the Central District of Indian Territory and began practice at Cameron on August 30, 1905.

In 1897 he was appointed Referee in Bankruptcy and Probate Commissioner at Cameron in said court; which positions he held until the erection of the state on November 16, 1907. When the federal territorial court by act of Congress was moved from Cameron to Poteau in 1900, in September of that year Perry C. Bolger removed his residence and office to Poteau and continued there until his death.

He was designated in the ordinance providing for the election that was held on September 17, 1907 as to the ratification of the Constitution for the state of Oklahoma and election of county, township, and state officers, as Clerk of the proposed county of LeFlore, so that said election should be held in said proposed county according to the laws of Oklahoma Territory, which were being extended over the state of Oklahoma. He was also the first member of the State Democratic Central Committee from said county. At the general election in 1910 he was elected to the office of county judge and re-elected in 1912 and in 1914, holding the office for three consecutive terms.

For a number of years he was United States Commissioner for the Eastern District of Oklahoma for the Commissioners' Division at Poteau and mayor of the city of Poteau and one of the organizers and directors and president of the Central National Bank at Poteau.

Descended on both sides from pioneer stock, such as had been active in establishing the fundamentals of the republic and maintaining good government, a member of the Baptist Church and an active teacher in its Sunday Schools and faithful to all the relations of home, he was always found on the side of law and order and good government.

R. L. Williams.


JOHN HENRY DILL
1868 — 1942

John Henry Dill was a man of many parts. Born and reared on a farm, he was a self-made man, a farmer, a banker, a lawyer and a public officer. He was also a pioneer. Early in life leaving his home land in an old settled state he went to a far country, the Indian Territory, where the Indian laws and customs still prevailed. At times he was visionary and an idealist but his great wealth of good sense aided him in keeping his feet on the ground. His courage, energy, willingness to work brought him success.

Mr. Dill was born in Transylvania County, North Carolina, May 24, 1868. When a small child his family moved to Inman, Spartanburg County, South Carolina and here on a farm his boyhood days were spent. He was the son of James E. Dill, a farmer and merchant, and Mary Reid Dill. His mother died when he was small and his father married again. His father joined the Confederate Army when seventeen years of age, in which his grandfather, Elijah Dill, and two great uncles, Edward Dill and John Dill, were soldiers. His grandfather served with distinction in the 22nd South Carolina Regiment and of which his great uncle, Edward, was Chaplain. Elijah Dill was the name of his great grandfather, an Englishman who owner a sailing ship, landed on the Jersey shore, settled in Delaware and was a soldier on the American side in the War of 1812.

When eighteen years of age, Mr. Dill left home, walking some thirty miles from Inman to Greenville, South Carolina, where he took the train

Page 290

for Atlanta, Georgia. Hearing a railroad was being constructed near Cedartown, Georgia, he went there and was employed for a year as water boy. He saved his money and at the end of the year bought a ticket for Fort Smith, Arkansas, where he secured a position as helper putting in bridges and culverts for the Frisco Railroad. A year later we find him on a farm at Redlands, Indian Territory where he proved that he could pick more cotton than anyone in the country. Roy Toombs of Muskogee says he and Dill picked cotton together; that Dill picked over four hundred pounds of cotton a day and when the landlord doubted it, Dill proved it by picking more than four hundred pounds the next day. Under the landlord's eyes, Dill picked more than sixty-two pounds in one hour. Dill was not afraid of work.

In 1889 he landed in Muskogee and worked at selling sewing machines. He learned to talk the Creek language which gave him better approach to the Indians in his work. C. W. Turner, a pioneer merchant and cattle man, operating the Turner Hardware Company and other vast interests then engaged Dill to handle his collections in the country. On these collection trips, Dill frequently spent as much as a week at a time at the home of Isparhecher, Chief of the Creek or Muscogee Nation, who lived on a large plantation west of Okmulgee, Indian Territory. This Indian Chief promoted the Green Peach War, the main battle of which was fought near Okmulgee in a peach orchard while the peaches were green. Hence, the war gets the name, "Green Peach War." Dill knew the Indians, could talk their language and was a valuable man to Mr. Turner in his far flung enterprises. Dill saved his money, loaned it out at interest and so prospered that at last he decided to go into business for himself. Having just collected a note for $750.00 from Perry Murphy, he rented a store room eleven feet wide in Muscogee, put in fixtures and opened a bank. The day he opened the bank, Captain F. B. Severs, a wealthy merchant and cattle man of Muskogee, asked Dill to handle his paper, his drafts and bank account. That day Captain Severs shipped 1896 cattle to Kansas City, Missouri, many car loads, and placed the drafts with Dill for collection. The account of Captain Severs and the energy of Mr. Dill set the bank on its feet. The second day Mrs. N. F. Hancock, a pioneer resident of Muskogee, opened her account with the bank and became the bank's second customer. Some years later, Dill sold his interest in the bank which afterwards became what is now the Commercial National Bank in Muskogee. In 1899, the year of the big fire in Muskogee, Dill was in the real estate business and he was the first to set up a tent for his office, a picture of which was carried in the newspapers. He showed he still had faith in the burned city.

He next became interested in Texas farm land and invested heavily in several hundred acres of land near Maybank, Texas, which land he cleared and improved with Mexican labor. While in Maybank, Texas, he divided his time between his farms and the bank of that town, of which he was part owner. The flood water and boll weevil destroyed the value of his farms and in 1906 he returned to Muskogee to live. With Albert P. McKellop, a prominent citizen of the Creek Nation, and others, he organized in 1906 the Alamo Savings Bank at Muskogee. Fred E. Turner erected a building on Broadway to house the bank that was known as the Alamo Building, the building being patterned after the historical Alamo in Texas. After two years he sold his interest in the Alamo Savings Bank and went again into the real estate business in Muskogee.

In the year 1914, he moved to Ashland, Oregon where he operated a fruit ranch, was secretary and treasurer of a farm loan bank, president of the Fruit Association and Police Judge. In 1923 he returned

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to Muskogee, was admitted to practice law in 1924 by the Supreme Court of Oklahoma and from that time until his death, was in the general practice of law in the City of Muskogee with honor and distinction to himself and the bar. In 1938 he was Judge of the Municipal Court of the City of Muskogee.

As a boy he went to the common schools at Inman, South Carolina. In 1893 he attended school in Lebanon, Ohio. In the fall of 1899 he went to Washington, D. C., and entered Columbian University, now George Washington University, where he remained for about a year. He was forced to return to Muskogee as the treaty with the Creek Indians had been ratified and he was needed in improving his town property in order to hold it under the terms of the new treaty. In 1893 he joined the Baptist Church. He went most of the time to the Methodist Church with his wife.

On August 3, 1898, he married Margaret Cook, the daughter of Mr. and Mrs. John B. Cook, a prominent aristocratic family of Wagoner, Indian Territory, who had lately moved from Columbus, Kentucky to the Indian Country. Of this marriage there were no children. Mrs. Dill is a lady with fine personality, intelligence, and much charm. Their married life was a happy one and reminds the writer of the story in Genesis of Isaac and Rebekah: "And Isaac brought her into his mother Sarah's tent, and took Rebekah, and she became his wife; and he loved her; and Isaac was comforted * * *."

Mr. Dill died April 13, 1942 at Muskogee and was buried in the cemetery at Wagoner, Oklahoma. His widow, Mrs. Margaret Dill, survives him.

At all times and in all places that he lived his friends and associates had faith in him and trusted him. He was a man of high intelligence and honor. In his private life, he was sober, clean and his conduct was well ordered. He was a man who had a multitude of strong friendships and many spoke well and none spoke ill of him.

His equipment for his duties was of a high order. In his conception of professional efforts, he was an idealist. That must be the bed rock. He realized intensely the duty of service which the bar owes to the community and the duty which the lawyer owes to his profession. These were his prime motives. To these two beliefs, he added energy, courage and character.

I never knew a man who loved the law and his books more than Mr. Dill. He believed the practice of law was in fact a time honored institution and in his day the most honored among men. He believed our profession of law in its highest walks afforded the most noble employment in which any man could engage and that a man could be of better service to his country as a member of the bar than anywhere else. To be a priest and possibly a high priest in the temple of justice, to serve at her altar, aid in her administration, to maintain and defend the inalienable rights of life, liberty, property and the pursuit of happiness, upon which the safety of society depends, to aid the oppressed, to defend the innocent, to maintain constitutional rights against all violation, whether by the executive, by the legislature, by the resistless power of the press, or worst of all, by the ruthless rapacity of an unbridled majority,—all this seemed to him to furnish a field worthy of any man's ambition.

William B. Moore.

Muskogee, Oklahoma.


Page 292

CLINTON ALEXANDER GALBRAITH
1860 — 1923

Clinton Alexander Galbraith, born in Hartsville, Ind., March 6, 1860, was the son of S. Joseph William and Catherine Elizabeth (McAllister) Galbraith, who had four sons and three daughters, to-wit, Dr. Thomas Sharp Galbraith, who died in Seymour, Ind., where he was a physician and surgeon for about 30 years with an interim of two years spent as superintendent of the Indiana Hospital for the Insane at Indianapolis; James Galbraith, who died in Indianapolis; Garrett Galbraith, who died whilst a young man at the family home in Hartsville; Mary, who married George H. Boyd, and died at Hope, Ind.; Susan, who married W. H. Wrightsman; and Louisa, who married A. F. Duke, and died at Forney, Texas.

His father was twice married, his second wife being Mattie Townsley, and to this marriage came five children: Maggie, Lydia, Vinnie, and Nelle, and Harry Galbraith, who survives and resides at Terrell, Texas.

Clinton Alexander Galbraith attended and graduated in June, 1883, from Hartsville College at Hartsville, Ind., a United Brethren institution, moved to Huntington, Ind., in 1897, succeeded by Huntington College.

He matriculated in the University of Michigan Law School, Ann Arbor, on September 26, 1883, and gave his home address as Hartsville, Ind. After the close of that college year he went to Texas and began the practice of law at Terrell, Texas, associated with J. O. Terrell, and in 1888 removed to Fort Worth where for less than a year he engaged in the practice of law when on April 22, 1889 he made the run, entering on the first train from the south (on the Santa Fe), locating in Oklahoma City on a lot at the northwest corner of Third Street and Broadway.

He was married at Terrell on December 22, 1886 to Miss Nova Harmon, with no children. His wife survived him, and passed away in 1941; interment by his side in cemetery at Oklahoma City.

Clinton Alexander Galbraith was in 1889 president of the first democratic club (Cleveland) in Oklahoma City and was still president of the Cleveland democratic club in 1892. He was appointed by Governor W. C. Renfrow as attorney general and served from early in 1893 to like time in 1897. In April, 1898 he went to the Hawaiian Islands and located at Hilo. He was a member of the Masonic Lodge, the Consistory, Scottish Rite, Commandery, Knights Templar, India Temple, Ancient Arabic Order, Nobles of the Mystic Shrine, and the Order of the Eastern Star, and bore the distinction of having founded the first chapter of the Order of the Eastern Star outside of the United States, at Hilo, Hawaiian Islands. He was a member of the Eighty-Niners Club, Oklahoma Bar Association, Oklahoma City Club, and the Oklahoma City Country Club. His Alma Mater, Huntington College, successor of Hartsville College, in July, 1919, conferred upon him the degree of Doctor of Laws.

After his removal to the Hawaiian Islands he was appointed and served as associate justice of the Hawaiian Supreme Court, and after then resided in Honolulu four years, 1900-1904, inclusive, his decisions being reported in volumes 13-16, inclusive.

After his term as associate justice on the Hawaiian court expired in 1906 he returned to Oklahoma and located at Ada where he engaged in the practice of law under the firm name of Galbraith & McKeown, until the junior member of the firm was elected as a representative in the lower house of the United States Congress, when he continued the practice alone until September 10, 1913, when he was appointed member of the Oklahoma Supreme Court Commission and served in such capacity until the Commission expired under Act of Legislature of Oklahoma, March 21, 1917, serving from January, 1915 as Chairman of Division 2. His opinions were reported beginning with the thirty-ninth volume of Oklahoma Reports.

Clinton Alexander Galbraith

Page 293

Throughout his life he was an active Democrat. His father and family in Indiana were followers and supporters of Hendricks, Turpie, Jos. E. McDonald, Voorhees, and other leaders. At the time of his death he was an assistant attorney general and had been since the early part of 1922, and died on Sunday, May 27, 1923.1 Interment in Oklahoma City.

A fine citizen with a long and creditable public career passed from life's activities.

R. L. Williams.




STOCKTON SUMMERFIELD FEARS
1839 — 1902

When Stockton Summerfield Fears passed away, at the age of 63, and was recognized as one of the first citizens of the old Indian Territory. The legal fraternity held him in high esteem because of his knowledge of the law and his background of scholarly attainments.

He was as often called "Judge" as Colonel as a typical southern gentleman. He was born in the South and lived in the South all of his life. He was a gentle, kindly man, gracious and considerate, just, broad minded to those with whom he came in contact. Throughout his career as a lawyer, during which he engaged in many strenuous battles, he retained the admiration and friendship of his opponents at the bar because he always fought fair and with meticulous regard for the strictest ethics. He was noted for his wit—had the gift of repartee, but bitterness of speech and invective were not in his vocabulary.

The opening of the United States Court at Muskogee in April, 1889, with Judge James M. Shackelford on the bench, beckoned to Colonel Fears who, at the time, was practicing law in Grayson County, Texas. Colonel Fears had moved from Atlanta, Georgia, to Sherman, Texas, in 1872 and lived there with his family for twelve years, during which time he served three terms as Mayor of that city. He moved to Denison, Texas, in 1884 where he remained until his removal to Muskogee in 1889. He presented the first case, a civil suit, in the newly established court at Muskogee, with the late Judge N. B. Maxey as his opponent, and won. Colonel Fears was in active practice up to the time of his death, and his reputation as a lawyer extended beyond the borders of the Indian Territory to Arkansas, Texas and throughout the southwest.

Stockton Summerfield Fears was born on a farm near Atlanta, Georgia, on January 4, 1839. His forbears were of sturdy pioneer stock. He received his education at Bethany College, West Virginia, graduating about the time of the outbreak of the Civil War. He joined the Confederate Army, May 20, 1861, raising the first company from Jonesboro, Georgia, Company "E," 10th Regiment Georgia Infantry, of which he became the Captain. He served under General Lee in Virginia and participated in many of the historic battles of that war. He was wounded and sick in a hospital at Richmond, Virginia, in 1863, at which time he was in command as Colonel of his regiment. He was relieved of his command by reason of disability, but rejoined the army again May 2, 1864, as Captain of Company "I," 2nd Regiment of Georgia Reserves, and served to the end of the war.

Despite conspicuous service as an officer in the Confederate Army, Colonel Fears rarely talked about the war. Even his children knew very little about his army record. His service, as given above, was obtained from the War Department in Washington and the Historical record of the State of Georgia.

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At the close of the Civil War, Colonel Fears returned to Atlanta where he practiced law with Judge Mile M. Tidwell, a distinguished criminal lawyer of that period. In 1866 he married Mattie Elizabeth, daughter of Judge Tidwell, the union being blessed with a family of six children; three boys and three girls, all of whom are living as this is written (1941), except Walter T., the first born, who was a well known lawyer and for a time United States commissioner and who died at his home in Eufaula, Oklahoma, about fifteen years ago, the other children being: William Summerfield Fears, farmer, living at Nowata, Oklahoma; Leonard Augustus Fears, long a resident of Leonard, Oklahoma; Sarah Ruby, wife of George R. Cullen of Tulsa, Oklahoma; Millie May, wife of William Adair Porter, son of the late General Pleasant Porter, living on a farm near Bixby, Oklahoma; Mattie, wife of Judge Thomas W. Leahy, lawyer, Muskogee, Oklahoma. The mother of this fine family died September 13, 1884. Colonel Fears, in 1895, married Mrs. Anna M. Bruce of Ft. Smith, Arkansas, who survived him for a number of years.

Judge Fears died on April 8, 1902, at his home in Muskogee where he lies buried and where his grave is suitably marked.

—George R. Cullen.

Tulsa, Oklahoma


DR. O. N. WINDLE
1882 — 1942

Dr. O. N. Windle, pioneer Sayre physician, died following a heart attack January 3, 1942. He came to Sayre in 1908 and began the practice of medicine with Dr. H. K. Speed. He had continued his practice here since that time except for the months he spent at his home in Florida. He was a member of the Beckham County Medical Association and also the American Medical Association. Dr. Windle was a charter member of the Sayre Rotary club and was a member of the Masonic lodge and Shriner Indian Temple. During the administration of the late Gov. J. B. A. Robertson, he served on the state medical board of examiners. Dr. Windle had been a member of the Christian church for twenty-two years.

He was born in Ripley, West Virginia, on November 3, 1882. He attended the American Medical school at Baltimore, Maryland, and did postgraduate work in New York City.

On September 6, 1906, Dr. Windle was married to Miss Mattie Coble and to this couple was born one daughter, Mrs. Eloise Windle Dugger. In 1927 Dr. Windle was again married to Miss Clyde Rice.

Survivors of Dr. Windle include Mrs. Windle, two daughters, Mrs. Ross Dugger, Laura Ann, and one son, Robert H., and one grandson, Ross Windle Dugger. Other survivors include his mother, Mrs. Marian Windle, Ripley, West Virginia, one sister, Mrs. Elsie Rhodes of Ripley, two brothers, Walter of Ripley and Howard Windle of Dayton, Ohio.

Funeral services were conducted the following Monday at the First Christian Church, Sayre, with the Reverend Carl Belcher, Pastor, officiating. He was interred in the mausoleum of the Rose Hill Cemetery at Oklahoma City.

Mrs. J. M. Danner.

Sayre, Oklahoma

DR. O. N. Windle

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