DEATH OF JUDGE J. D. McCUE

Soldier, Pioneer and Lawyer

J. D. McCue, for thirty years one of the most widely known attorneys and jurists in Independence, died at his home in Kansas City, Mo., Dec. 8, after two years illness from Bright’s disease. He was born in Cincinnati, March 4, 1842, and left an orphan in early years and was raised by foster parents. In 1861 when President Lincoln issued his first call for 75,000 volunteers Jerre McCue, than a boy of nineteen years, responded, “Here am I”. On the 25th day of May 1861 he was mustered in the Union army in Co. _, in the Seventeenth Illinois Volunteers, and served over four years being discharged at Blakely, Ala., in June 1865.

Returning to Illinois he began the study of law and was admitted to the bar in 1868. The following year he came to Kansas and located in Oswego for a time. When Independence was laid off in 1869 he came to this town and opened an office and for years was a partner with the late Capt. Joseph B. Ziegler. For twenty-seven years he was a prominent citizen of Independence, and was among the boosters in his day, and recognized as one of its greatest lawyers, its most prominent Democratic politician, served as county attorney, and one term as judge of this district court, and in many public positions. He brought his bride, Miss Robb, to this city, and in this city their children were born, and all died, except his son Clarke McCue, now of Kansas City, who is the

sole survivor of the McCue generation. He was a member of the First Presbyterian church, and the writer met him, on Sunday evening in February 1871, when services were held in the Vandiver dance hall.

Mr. McCue was elected judge in 1889 and opened court in Independence in March 1890, and it fell to his lot to sentence Emmett Dalton, the sole survivor of the Dalton gang of bank bandits, to the penitentiary for ninety-nine years in 1893. Two years after the death of his first wife he married her sister, a widow, and in 1897 moved to Kansas City, where he engaged in the practice of law. Two years ago he was taken seriously ill on a business trip to Cincinnati, and has not been able to do much business since, and became greatly emaciated. He is remembered as a goodhearted, generous citizen, and one of the best supreme court lawyers in his day.

The funeral was held in Kansas City and his son, Mr. Clarke McCue, Mrs. J. D. McCue, her sister Mrs. Peck and Mrs. McDonald, brought the remains to Independence for interment beside his wife and all the children save one.

Judge Flannelly adjourned court, and with the bar and jury attended the interment exercises, which were simple, and in charge of Rev. C. H. Jones.

The active pallbearers were: Henry Young, J. M. Anderson, T. N. Sickles, G. L. Banks, Charles Yoe and M. F. Wood. The honorary pallbearers were composed of members of the Montgomery county bar and were Judge J. T. Flannelly, William Dunkin, A. B. Clark, F. J. Fritch, S. H. Piper, and W. E. Zeigler.

William G. Cutler's History of the State of Kansas

HON. J. D. McCUE, County Attorney, is a native of Cincinnati, Ohio, born March 3, 1843, educated in the schools of the ci y [sic] of his nativity. Read law at Aledo, Ill., and was admitted to the bar at Ottawa, Ill., in 1867. Soon after the War of the Rebellion broke out he enlisted in Company I, Seventeenth Illinois Volunteer Infantry, mustered into the State service May 13, 1861, and was mustered into United States Army May 25, 1861, his regiment being the first in Illinois, which was accepted for the three year's service. Mr. McCue served in that regiment for the full term of enlistment (three years), and then re-enlisted in Company E, Eighth Illinois Volunteer Infantry, finally discharged June 5, 1865. He participated in all the engagements of his commands and was wounded at Blakely, Ala., April 9, 1865. He is a member of the G. A. R. Mr. McCue located at Oswego, Kan., July 17, 1867. The Independence Town Company was organized by Oswego gentlemen and Mr. McCue drew the charter of the company, and at an early day located in this place. He does an extensive law practice and gives considerable attention to collections. He was married, in Illinois, to Orvilla Robb, December 20, 1870. She is a native of Pittsburg, Pa. They have two children, Clark and Hugh R.

Contributed by Mrs. Maryann Johnson a Civil war researcher and a volunteer in the Kansas Room of the Independence Public Library, Independence, Kansas.