Judge Russell Hicks & Hicks City – Lone Jack Historical Society

Warrensburg Journal, April 28, 1876

Judge Hicks.
After the death of Judge Russell Hicks, an impressive funeral discourse was delivered in the court house to a very large audience by Rev. Father Welch, perhaps the oldest minister in the state. The address was listened to attentively, especially by the members of the Warrensburg bar, who were all present, as well which his remains were followed to the grave, where all that was left of one of the most eminent and distinguished lawyers and jurists of the state was consigned to the tomb; but on the next day the old settlers of Independence, where his first work was done, claimed his body and sent to this city a very fine metallic coffin, and the body and distinguished dead was taken to and placed in the coffin and forwarded to Independence, where grave honors were paid to him.
Judge Russell Hicks was a native of New York. He was a young man when he came to this state, in the year 1824, as near as can be ascertained. He first settled in old Franklin, in Howard county. He was then but a boy, and poor, but possessed of one of the most perfect physical forms that the eye ever beheld, coupled with robust health and an iron will. It is no wonder then that he succeeded in life. His education was liberal, and made school teaching and manual labor his source of living for quite a while.
At the time he came to Howard county Judge Todd was upon the bench. Gamble, Ryland, French, Geyer, Hardin, Barton, Benton and Bates were either residents in old Franklin, or practiced law in that court.
Judge Hicks was employed as a teacher in Judge Todd’s family, and we suppose it was an association with these great men that first gave him an idea of the law as a profession. At all events he began its study about that time.
Although young Hicks was poor, he had a will which could not be baffled. He taught school when it was convenient, or mauling rails when necessary, meanwhile applying himself to his study until finally admitted to the bar. After his license he settled in Independence, Mo., and was, we understand, the first lawyer to open an office in that place. He soon rose to eminence in his profession, and although younger than Todd, Geyer, Gamble, Ryland, Bates, French or Hardin, he was in a few years regarded their equal.
Judge Hicks gave undivided attention to his profession, never settling. He was the first settler in this county, which position he held for twenty-three years, never having opened his mouth to get, and only gave up office to go upon the circuit court bench, to which position he was elected in 1854 or 1855 to fill a vacancy occasioned by the death of Judge Young.
So admirably did he discharge the duties of a Judge, that he was elected to a succeeding term of six years without opposition, but resigned in a short time after his re-election, and returned to his practice at the bar.
There is a history connected with the resignation of Judge Hicks which truly displays the purity of his character, and his love for law and justice, and perhaps any event of his life. In 1838 Saline county was in his circuit. He was holding a called term of court to try some criminals, then in custody, as was then provided by statute. The parties were indicted, a jury empannelled, and the prosecution tried, when a juror from the circuit took the prisoners from the court and executed them without violence. Judge Hicks felt the outrage so keenly that he adjourned court, wrote a history of the affair, in which he denounced the perpetrators as murderers, published it in the papers of the state, and declared that he could not respect the court of law presided over by himself, and would never practice his profession in that country which tolerated such proceedings. He kept the pledge to the day of his death.
Judge Hicks was never seen at the saline court afterwards, though he visited the county once or twice.
He was conscious of a purpose, and the act was not rash or impulsive but was an act of moral courage and firmness. Judge Hicks not break it, and we are free to say that there were few better lawyers in the state.
Though perhaps four score years old at the time he died, he had not impaired his mental vigor as youth. Thirty hours before his friends were summoned close his eyes in death, he made a will of his best legal argument.
Judge Hicks is well known in the courts of the state, and among lawyers he was fully ranked with the best and most honorable.
He is the very last of that race of great men who first settled Missouri. They are all gone now. It is true Judge Hicks never became distinguished as some of them, yet had he not deepened public life, his best influence would have been more beneficial. He was a man of great ability, but all the while absorbed in the investigation of matters connected with his profession, and this thought had not him, made him seem morose and eccentric. But the friends who knew Judge Hicks best, knew where to find a pure and kindly heart as warm as ever beat in human breast.
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The Kansas City Times
Thu, Apr 20, 1876 ·Page 4

AN OLD PIONEER.

Sudden Death of One of the Leading Lawyers of the State.

Judge Russell Hicks, One of the Pioneers of Western Missouri, Closes a Useful Career.

A special telegram to the TIMES from Warrensburg yesterday announced the death of Judge Russell Hicks, who died at the residence of his law partner, S. P. Parks, in Warrensburg, at ten o'clock yesterday, after an illness of twenty-four hours. The announcement of the death of a gentleman so closely identified with the history of Western Missouri, and particularly Jackson county, caused more than ordinary comment. Especially was this the case among the members of the bar, Judge Hicks being recognized as one of the oldest and foremost jurists in Western Missouri.

Judge Hicks was one among the oldest settlers of Jackson county, and one of the first white men to take up his residence in Western Missouri. He was one of the founders of Independence, and came to that city from Old Franklin, in Howard county, before that place had ceased to be the capital of the State. When he arrived at Independence that historic city was the abode of the Mormons, the tree stamp were yet in the public square, and it was a boast of this distinguished gentleman that he labored as a common laborer with the people, grubbing the stumps out of the public square. Judge Hicks was truly a self made man. He came to the (then) frontier of Missouri, with no other fortune than health and a willingness to work. At that time rails were sent for 30 cents per hundred, but Russell Hicks tackled them at that price, and old colored veterans now living in Jackson and Saline counties love to quote “Jupper Hicks” as the man beat wool chopper two years ago, and he found that chopper of those days now residing at Independence speaks of Judge Hicks as the only man that could beat him chopping. While he was thus laboring in obscurity in the woods near Independence he attracted the attention of Col. Samuel C. Owens, the first Circuit Clerk of Jackson county, who died upon the field of battle in Mexico, on Christmas Day 1847. Col. Owens perceived something worthy of encouragement in Russell Hicks, and gave him employment as Deputy Circuit Clerk of Jackson county. This enabled Hicks to better prosecute his law studies already commenced, and during which he had sustained himself chopping rails or cordwood in the woods, and studying by night. From Deputy Clerk young Hicks soon reached a higher position; he was a close student, and possessed of indomitable will, and overcame all obstacles. He was admitted to the bar, and afterwards divided with Gen. John Doniphan, the distinction of being called one of the leading lawyers of Western Missouri.

In politics he was an Old Line Whig, and, when that party went out of existence he became a Democrat, and he “kept the faith” to his death, although he has not voted since close of the war. He was a candidate for the State Senate during the early days of the State's history, and loved to tell of the time when he and Judge McClellan rode over this Senatorial district, which then reached down south at least one hundred miles, to canvass among his scattered constituents. He was County Treasurer of Jackson county many years ago, an office he filled with great credit. He occupied the bench of Circuit Judge of this district from 1855 to 1867, when he retired as rapidly, under the following circumstances: He had been called to preside over the trial of two negroes, charged with rape in Saline county. During the trial a mob raised, and disregarding the exhortation and appeals of Judge Hicks, took the accused from the court room, and hung the Judge was indignant at the act once resolved his position as Circuit Judge. He took no active part in the war.

A very candid and interesting speech, delivered by him at the opening of court, was printed in pamphlet form. (A copy of this speech is now in the possession of Judge R. E. Cowan.) He then retired to private life, and has of late years made Warrensburg his home.

His old acquaintances tell many interesting incidents illustrative of the character of this honest old pioneer, one or two of which will bear repeating.

In the early days of steamboating on the Wabash, the river was low, what Kansas City afterwards became was Westport, a busy steamboat landing. Judge Hicks often went down to the landing to watch the boats unload their freight, or perhaps to take passage on one of them. He made of the boat called for volunteers to assist, and not knowing the Judge in his shabby, patched raiment, derided him to turn in and help unload freight. The Judge pitched in and joined the deck hands, but acted rather clumsily at first. The mate, who stood by the gangway plank abounding with swearing, noticed Hicks laboring with a handsome walnut bureau, which the Judge was endeavoring to bring ashore. “Now then, you lubber, thrust that bureau overboard, will you?” “All right. Just as you say,” said Hicks, and over went the bureau into the river. The mate exclaimed, “The service.”

A year or two before his death he was called upon by an ambitious young aspirant for legal honors for advice. “How long,” said the young man, “will I have to study to become a perfect lawyer?” “To the day of your death, sir. I have been reading law for more than forty years, and I feel I can learn more than ever yet.”

Judge Hicks bore a widely known reputation for honesty and candor. He was not polished, but possessed an almost inexhaustible store of legal information. He never married, and at his death he left little or no property for his heirs to dispute over. His memory will ever be fresh and green in the hearts and minds of the old residents of Jackson county.

This brief and imperfect sketch was noted down by a reporter from conversations with a few of Judge Hicks’ old acquaintances, and hence is incomplete. The place of his birth was unknown to most of his acquaintances. Judge Woodson believes he was a native of New York, and that he was about 70 years of age. The members of the Jackson county bar propose to pay his remains the respect of a formal attendance at the funeral.

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The Kansas City Times, Apr 20, 1876

AN OLD PIONEER.
Sudden Death of One of the Leading Lawyers of the State.

Judge Russell Hicks, One of the Pioneers of Western Missouri, Closes a Useful Career.

His old acquaintances tell many interesting incidents illustrative of the character of this honest old pioneer, one or two of which will bear repeating.

The Examiner, May 6, 1935
TO VACATE MOST
OF HICKS CITY
Village Near Lone Jack Was
Platted in 1872 But Never
Incorporated—Few
Stores Left.
The greater part of the village known as Hicks City was “vacated” today by order of the County Court. This was done on petition of Wilbert Haines, owner of the land sought to be vacated, who was represented in court by Burns Strader, as his attorney.
Only a small part of Hicks City remains platted, after today’s order of the court. This might be called the business district, in which are two or three stores, a building known as the Cassidy Hotel, a blacksmith shop and a few other smaller ones.
“Hicks City” never was an incorporated town, but about sixty-five years ago, it had ambition to become not simply a “town,” but a “city,” as the name chosen would indicate.
The land at that time was owned by Judge Russell Hicks, who platted it into blocks, lots and streets. He took the plat before the County Court in office on July 30, 1872, and at his request the county judges approved the “plat.”
At that time railroads were being projected in this region, one of which was expected to run through “Hicks City.” The plat indicates the location of the proposed “railroad station.”
Judge Hicks was born in Massachusetts in 1799, and came to Missouri in 1832. From 1857 to 1859 he served as judge of the sixth Missouri judicial circuit comprising Jackson County and what now are several other adjacent counties. He lived in Jackson County twenty-seven years, most of the time on his farm at Hicks City, which is three miles northeast of Lone Jack and just inside the Jackson County line. He died in 1876 at Warrensburg. He is buried in Woodlawn Cemetery, Independence, a short distance from the shelter house.
The balance of Hicks City not included in the Wilbert Haines holdings will remain as platted property, until and unless the owners seek to do as he has done and have it legally “vacated” as platted property.