Pueblo County, Colorado
John Wesley Henry

Contributed by Maggie Stuart Zimmerman.

No history of the third judicial district of Colorado would be complete without mention of John Wesley Henry, who was the first to occupy the bench of the district after the admission of Colorado into the Union. A native of Kentucky, he was born near the birthplace of Abraham Lincoln and in that locality was reared and acquired his early education. He was just emerging into manhood when he went to Dubuque, Iowa, attracted by the business interests which had sprung into existence with the development of the lead mines there. He afterward removed to St. Joseph, Missouri, where he took up the study of law and later engaged in practice for several years, while at the same time he was active as a local political factor. In the early '50s he became a resident of Kansas, at which period the state was in a condition at political turmoil and excitement. There he entered upon the practice of law and also became active as a supporter of democratic principles, but his peace-loving nature was at variance with the continuous trouble between the supporters of slavery and the free-soil people, and in 1859 with his family he left Kansas for Colorado, joining the caravan that was constantly proceeding across the plains toward the gold fields of Pike's Peak.

After reaching the mountains Judge Henry made his way into the Gregory diggings, then the principal mining camp of the district, and for two or three years was engaged in washing gravel in the search for gold in the gulches, meeting sometimes with success and again with disappointment. At the same time he became actively interested in public affairs, aided in establishing local laws and government and occasionally practiced his profession in the primitive miners' courts of that period. In 1863, however, he decided that he had had enough of the hills and with an inbred longing for the fertile valleys of a farming country, he removed to the Arkansas valley, settling on a ranch at the mouth of Chico creek, a few miles below Pueblo. There he turned his attention to the raising of cattle and corn, irrigated his land and continued its development in the face of many difficulties and hardships, not the least of which were the grasshoppers, which turned green fields into deserts in a day and were more dreaded than hostile Indians. As time passed on, however, conditions changed, many other settlers coming, and as the town of Pueblo grew there was a demand for active practitioners at the bar. While Judge Henry continued to reside on his Chico Creek farm, he also attended the courts of the Arkansas valley and became a familiar figure at the Pueblo bar. The third judicial district at that time included all the southern half of the terrritory from the Divide to New Mexico and from the western boundary of Kansas to the Utah line. Courts were held at Colorado City and later at Colorado Springs, at Canon City, Pueblo, Las Animas, Walsenburg, Trinidad and at San Luis de Culebra and Conejos over the mountains in the San Luis or Rio Grande valley. The court of the district during the territorial days was presided over by but two judges, covering the period from 1862 until 1876. The first judge was Allan A. Bradford, who was succeeded by Moses Hallett. Writing of Judge Henry, Wilbur F. Stone said in this connection: "Over this vast region, larger in extent than an average state, the lawyers of the old third district, with the judge and other officials, witnesses, litigants, Spanish interpreters and often prisoners for trial, used to travel from court to court in a motley caravan of wagons,, ambulances, primitive buggies, horseback and muleback, over dusty sagebrush plains and mountain ranges, fording rivers, in heat, snow, wind and dust, camping out at night where there was 'wood, water and grass,' fishing trout in the mountain streams, occasionally shooting an antelope, cooking their own 'grub,' smoking their pipes round the campfire, swapping stories, singing songs, sleeping in their blankets on the ground, holding courts within rude adobe walls with dirt floors, attending Mexican fandangoes at night—got up in honor of the court—and having more fun, legal and unlegal, than the bench and bar have ever seen since in the effeminate days of railroads and fine courthouses. After the adoption of the constitution in 1876, assuring our admission to statehood, there chanced to meet one day in the office of the writer of this sketch, at Pueblo, a number of members of the bar, including Judge Henry, (he had long been called 'Judge' in compliment), who, in course of conversation on the approaching change in government, said: 'Boys, I want to confide a personal desire of my own. I want to be the first judge of this district when we come in as a state. I am the oldest one in years of our early lawyers here, and I know that if I do not get that office first I shall never get it afterwards. I have never held nor sought office, as you all know, and I have a little natural ambition to be a judge for one term only, and on that to end up my professional career. I am outspoken about this and I want you to be outspoken, boys, and say what you think about it.' With one voice all present declared the judge was entitled to it and should have it. The bar of the district saw to it that Judge Henry was nominated and elected at the first state election under the constitution. At the end of his six years' term he retired from the law, and with his faithful old wife went over to Los Angeles and bought a few acres of an orange grove where he spent the rest of his years in the quiet shade of his own vine and fig tree."

Judge Henry was married about 1844 in Mercer county, Kentucky, to Ann Elizabeth Shoots, of an old Virginia family, and to that union were born the following children: Mrs. Martha Noble; Margaret, who became the wife of John A. Thatcher, the first merchant and afterward millionaire banker of Pueblo; and Edna, who became the wife of Perry Baxter, who was a partner of John A. and Mahlon D. Thatcher in their commercial and banking interests. Mrs. Henry passed away in St. Joseph, Missouri, in 1851. In 1854, Judge Henry married in St. Joseph, Missouri, Margaret Struby, no children being born of this union. After the death of his second wife the Judge made his home with his three daughters in Pueblo, staying with each one for a time—and it was while at the home of his daughter, Mrs. O. H. P. Baxter that he passed away, November 9, 1903.

Judge Henry held membership in the Presbyterian church but was a Christian in the broadest sense of the term and his views were not limited to narrow denomina-tionalism. He was most upright in all that he did and said. He possessed a sense of humor that brightened many a weary day for his colleagues and contemporaries at the bar as they practiced their profession and traveled from place to place where courts were held. Again we quote from Wilbur F. Stone, who said of him: "Judge Henry was not such as can be called 'brilliant' as a lawyer, either by natural adaptation or experience in practice. Without the advantages of scholastic education, culture, varied experience in extensive practice or single devotion to the legal profession as a life business, he was of the old class of plain country lawyers; earnest, straightforward, trustworthy and utterly devoid of the cunning trickery of the 'smart' lawyer, or the pretentious theatrical attempts at oratory of the pompous pettifogger. From his earliest settlement in the Arkansas valley he was spoken of by his neighbors and acquaintances as 'Honest John Henry.' His administration as a judge was marked by justice, moderation and a shrewd sense of finding the path which led to the very right of a cause though it might be at the sacrifice of technicalities in form and manner. His rulings and decisions, always deliberate and impartial, seldom provoked contention, were void of offense and never gave occasion for an instance of 'contempt of court.' At that period—the infancy of litigation in a pioneer community—it is true that few if any great questions arose in the courts of that district, such as agitate the courts, the bar and the public at the present day; still, railroads were building over that region, and mining and irrigation companies were multiplying, and all bringing into the courts their newer questions of legal rights and claims, but the record of Judge Henry during his whole term of office gave general satisfaction to the bar and the community, his conduct without a taint of malfeasance, bias or prejudice, his personal character and reputation without a stain, and a blessed memory of unselfish good deeds and incorruptible integrity is his enduring monument." Extracted from History of Colorado Illustrated Volume II 1918.


HON. JOHN W. HENRY.
This gentleman was born in Jackson County, near Louisville, Ky., July 30, 1820. When six years of age, his father moved to Coles County, Ill., where he was raised on a farm. He studied law and was admitted to the bar at Charleston, in 1841. In 1842, he went to Platteville, Wis., where he entered the practice of law, and continued to 1850. In that year, he removed to St. Joseph, Mo., where he practiced law several years. In 1857, he went to Leavenworth, Kan.. at which place he lived about three years. He came to Colorado in 1860, and settled first at Nevada, where he owned an interest in a quartz-mill. He mined and milled in that vicinity until spring 1862. He afterward lived in Denver to February, 1863. His family then joining him he removed to Pueblo County, and settled on a ranch some miles below Pueblo. In 1872, he located at Pueblo, at which place he has since resided. He was a member of the Lower House of the State Legislature from Pueblo County in 1865. He was District Attorney for the Third Judicial District of Colorado from 1872 to 1876. In 1876, he was elected Judge of the Third Judicial District, which position he now holds. His district now comprises the counties of Bent, Huerfano, Las Animas and Pueblo. Judge Henry has become eminent as a lawyer. As a District Judge, he has no superior in the State, and his opinions and decisions are very highly regarded. History of the Arkansas Valley, Colorado, O. L. Baskin & Co., Chicago, 1881


Contributed by Jean Griesan.

Henry, John Wesley (arrived in Colorado in 1859)

John Wesley Henry, a native of Kentucky, was born near the birthplace of Abraham Lincoln and in that locality was reared and acquired his early education. He was just emerging into manhood when he went to Dubuque, Iowa, attracted by the development of the bad [sic] mines there.

He afterward moved to St. Joseph, Missouri, where he took up the study of law and later engaged in [its] practice for several years, while at the same time he was active as a local political factor. In the early '50s he became a resident of Kansas, at which period the State was in a condition of political turmoil and excitement.

In 1859, with his family, he left Kansas for Colorado, joining the caravan that was constantly proceeding across the plains toward the gold fields of Pikes Peak. After reaching the mountains, Judge Henry made his way into the Gregory diggings and for 2 or 3 years was engaged in washing gravel in the search for gold in the gulches, meeting sometimes with success and again with disappointment. At the same time he became actively interested in public affairs, aided in establishing local laws and government, and occasionally practiced his profession in the primitive miners' courts of that period.

In 1863 he moved to the Arkansas Valley, settling on a ranch at the mouth of Chico Creek, a few miles below Pueblo. He engaged in the raising of cattle and corn, irrigated his land, and continued its development in the face of many difficulties and hardships, not the least of which were the grasshoppers, which turned green fields into deserts in a day and were more dreaded than hostile Indians.

While Judge Henry continued to reside in his Chico Creek farm he also attended the courts of the Arkansas Valley and became a familiar figure at the Pueblo bar.

The Third Judicial district at that time included all the southern half of the territory. From the Divide to New Mexico and from the western boundary of Kansas to the Utah line, courts were held at Colorado City and later at Colorado Springs, Canon City, Pueblo, Las Animas, Walsenburg, Trinidad and at San Luis de Culebra* and Conejos over the mountains in the San Luis or Rio Grande Valleys. The courts of the district during the territorial days were presided over by but two judges, covering the period from 1862 until 1876.

Judge Henry was married about 1844 in Mercer County, Kentucky, to Ann Elizabeth Sheets of an old Virginia family, and to that union were born the following children: Mrs. Martha Noble; Margaret, who became the wife of John A. Thatcher, the first merchant and afterward millionaire banker of Pueblo; and Edna, who became the wife of Perry Baxter, who was a partner of John A. and Mahlon D. Thatcher in their commercial and banking interests.

Mrs. Henry passed away in St. Joseph, Missouri, in 1851. In 1854 Judge Henry married in St. Joseph, Missouri, Margaret Struby, no children being born of this union.

After the death of his second wife, the judge made his home with his three daughters in Pueblo, staying with each one for a time and it was while at the home of his daughter Mrs. O. H. P. Baxter, that he passed away November 9, 1903.

*Bright, 1993, p.130.

Extracted from "The Real Pioneers of Colorado," by Maria Davies McGrath, published in 1934 by The Denver Museum, retyped with added notes by Jane P. Ohl, in October 2001.



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