Tuesday, February 2, 2021

The law students of the Radical University: Edgar Caypless


Edgar Caypless
History of the State of Colorado, Embracing Accounts of the Pre-historic Races and Their Remains

Edgar Caypless (b. June 8, 1855; d. June 8, 1917)
New York.  White.
Occupation: lawyer.

Edgar Caypless was born in Auburn, NY to unknown parents. While he was in school, Edgar's family moved to Albany, the state capital. Later the family moved to New York City. In Albany, he became involved with state government and worked as a page for the state legislature from 1867-70. Edgar was educated at public schools and the Glenwood Collegiate Institute in Matawan, NJ.

In 1871, Edgar traveled throughout the western states with a theatrical company. It is unclear exactly when he moved to Columbia, SC. A short biography reports that he arrived in Spring 1872, but local newspapers first announce Edgar's arrival in Columbia in May 1873. After Edgar moved to Columbia, he worked as a court stenographer.

In Columbia, Edgar enrolled in the Univeristy of South Carolina as a law student. As with the time of his arrival in the city, it is unclear when exactly he enrolled. A short biography of Caypless states that he enrolled at the end of the spring 1872. University records describe his registration status as "October 8, 1874,  resigned," and records of the Clariosophic Society show that he served as society President in fall 1873 and spring 1874. Edgar was awarded his LL. B. in June, 1874. It may be the case that Edgar first enrolled in spring 1872, resigned in fall 1873, and then reenrolled. Many students resigned from the university in 1873, after the first African American enrolled.

After receiving his LL. B. degree, Edgar worked as an attorney. He was never admitted to practice law before the state Supreme Court, but a biography states that he was admitted to the bar in Columbia, possibly meaning the local circuit court. Starting in July, 1874 (shortly after he graduated from USC), Edgar represented Walter R. Jones, a former USC classmate, in Common Pleas Court. He represented him in a lawsuit against U.S. Senator John J. Patterson for $100. The outcome of the suit is unclear.

In addition to his legal work, Edgar taught at USC's college preparatory program and continued to do clerical work for the state legislature. While at the Statehouse, he informally tutored some of the African-American legislators.

Edgar left South Carolina in late 1876. This was around the time of the conflicted election which resulted in the collapse of the Republican state government. That collapse would have eliminated many of Edgar's professional opportunities in the state.

After leaving South Carolina, Edgar lived for a brief time in Hartford, CT. There he worked as a stenographer and as Deputy City auditor. However, he soon moved out to the American west.

Edgar's path out west was circuitous. He left the U.S. for Europe and traveled throughout the continent. Among other cities, he visited London. While there, he accepted the position of secretary for the Maxwell Land Grant company. The Maxwell Land Grant company developed a large tract of land in New Mexico Territory (now modern New Mexico and Arizona). The origins of the company date back to the 1840s. In 1841, the Mexican government granted land to two Mexican citizens living in the area. The exact size of the land was disputed, but it was over 1 million acres, making the grant of the largest transfers of land to private ownership in U.S. history. By the 1860s, ownership of the land had passed to Lucien Maxwell, the son-in-law of one of the citizens. The Maxwell family grew very wealthy from farming on the land. However, settlers began to challenge their land claims in 1867, after gold was discovered in the area. Around 1870, the Maxwells sold the land title to British investors. The investors would have found Edgar's legal training valuable as legal issues surrounding land ownership were become increasing complicated. 

After being hiring by the Maxwell Land Grant company, Edgar moved to Cimarron, NM, where the company maintained its headquarters. Edgar's employment at the company ended acrimoniously. In 1883, the company owners dismissed Frank R. Sherwin, the man who had hired Edgar. A year later Edgar sued Frank for $50,000 for violation of contract. Edgar alleged that Frank hadn't given him a land lease that he'd been promised as compensation for his services.

In 1880, Edgar left Cimarron for Santa Fe. There he received an appointment as a U.S. Commissioner, and he also ran his own law practice. He specialized in criminal defense work. Among his more famous clients were Dave Rudabaugh and E. M. "Choctaw" Kelly. His legal work for Kelly was especially note-worthy. Kelly was sentenced to be executed for killing a man in a saloon dispute. However, before he was executed, another attorney (one Mr. Knaebel) was able to get President Chester Arthur to commute the sentence to life imprisonment. This case established the precedent that the President could commute a death sentence by a Territorial Court. 

Edgar also crossed paths with Henry McCarty, popularly known as Billy the Kid. While imprisoned, McCarty asked for legal representation from Edgar. Edgar ultimately did not represent McCarty as McCarty's was unable to provide a requested retainer.

By 1885, Edgar had moved to Denver, CO and continued his work as a lawyer. He was well-regarded by much of the community. For example, one newspaper said that he was a "fearless lawyer as well as a talented man."

Edgar left Colorado for Seattle, WA around 1898. In Seattle, he began to continue his work as a lawyer. However, his plans changed during a trip to Hawaii. In September 1898, Edgar traveled to the Hilo, Hawaii on the S. S. City of Columbia, a steamship. The trip to Hawaii was marked by acrimony. For example, the ship's captain imprisoned one of the passengers for the last two days of the trip. After the ship landed, several passengers filed civil suits against the steamship, and the ship's captain was criminally charged with malicious and unlawful imprisonment. Edgar provided legal representation for the captain and the steamship. The criminal charge was dropped, but the civil suits dragged on for at least a year. The Hawaiian courts ordered the steamship to pay damages to at least one plaintiff.

Edgar stayed in Hawaii for several months, providing legal defense for his clients. At the end of this period, he decided to stay on the islands. A contemporary newspaper article said that he decided to stay because he had made many friends, and he received "unusual inducements." 

Around early November, Edgar attempted sailed back to Seattle on City of Columbia. However, the steamer encouraged heavy seas. The steamer experienced major damage. At one point, the captain and crew were concerned that they would need to abandon ship and began preparing the life boats. Thanks to what the captain described as "superhuman efforts" by the Chief Engineer and his men, the ship was able to return to Hilo bay. The captain told the newspapers that the ship was beyond repair and claimed the ship as a total loss to its insurers.

In Hawaii, Edgar become involved in regional politics. The 1880s and 1890s were an eventful time for Hawaii. For most of the 19th century, Hawaii was a sovereign state that was ruled as a kingdom. However, in 1894, political groups led by descendants of American settlers with strong political and financial ties to the United States overthrew the queen and established a Republic. With support of the leaders of the Republic, Hawaii was annexed by the United States in Summer, 1898, a few months before Edgar visited the islands.

The annexation of Hawaii was opposed by many native Hawaiians. One of the leaders of the opposition was Robert W. Wilcox. Wilcox was a native Hawaiian who had been involved in an 1895 plot to overthrow the Republican government and restore the Hawaiian royal family to power. Wilcox had been imprisoned for his role in the plot, but he had been pardoned in 1898. After being pardoned, Wilcox helped advocate for Queen Liliuokalani, the monarch who had been ousted in 1891. 

In Fall, 1899, Edgar started working as Wilcox's attorney. They traveled to Washington, D.C. so that Wilcox could make a claim to ownership of certain public lands in Hawaii. They also lobbied Congress for legislation favorable to natives, and give public lectures on the Hawaiian Islands.

The next year Wilcox established the Independent Home Rule political party. This was an alternative to the Democratic and Republican parties that focused on promoting the rights for native Hawaiians. Edgar was active in party for the duration of his time in Hawaii. Edgar also served as an advisor to Queen Liliuokalani, as a secretary for the territorial senate.

In Hawaii, Edgar crossed paths with his former classmate T. McCants Stewart. McCants had moved to Hawaii the same year as Edgar  They both practiced law and were involved in state politics, although McCants worked with the Republican party rather than the Home Rule party. In 1900, McCants was opposing counsel on a legal trial that he was working on. 

In the early 1900s, McCants appears to have supported Edgar's politics. In 1901, Edgar ran for a circuit judgeship. At a meeting of the Republican Territorial Committee held that year, McCants moved to adopt a resolution supporting Edgar as circuit justice. The resolution stated that the committee endorsed Edgar because of "his integrity, ability, and legal experience, and because he is a Republican in principle." The motion carried, and the resolution was made front page news in Hawaiian newspapers. Despite the resolution, Edgar lost the election.

By 1903, Edgar and many supporters of the Home Rule party began to distance themselves from Republicans in favor of an alliance with the Democrats. In November, 1903, Edgar and other influential members of the Home Rule party formed the Home Rule Democratic party, which as the name suggests was an alliance between the old Home Rule party and the Democratic party. 

The next month Edgar, then 48 years old, came to blows with a Republican politician. Edgar participated in a public political event. At the event, Edgar gave a speech in which he challenged Republicans to refute his statements. Republican politician Henry Birbe accepted the challenge. However, the debate became personal and the two came to blows. Police ended up breaking up the event.

Edgar's political career reached its height the next year, in 1904. That year he was elected mayor of Honolulu. Edgar's life after his election is poorly documented. It appears that the left Hawaii for Colorado after his term as mayor ended. 

Edgar died in 1917. That year he was living in Denver, CO in 1917. In June of that year, he was found dead in his bed. 

Advertisement for Caypless's legal services
From The Daily Phoenix

Publications
1) "Mokuaweoweo." Sons of Colorado. Vol. 1, February 1907, No. 9. pp. 8–11.

2) "Apotheosis of Pele." Sons of Colorado. Vol. 1, May 1907, No. 12. pp. 21–23.

Sources
1) Hall, Frank. History of the State of Colorado, Embracing Accounts of the Pre-historic Races and Their Remains, Vol. IV. Chicago: The Blakeyly Printing Company, 1895. p. 409.

2) The Fremont County record, December 23, 1882, p. 2.

3) Census of the state of New York, for 1865. Microfilm. New York State Archives, Albany, New York

3). 1880; Census Place: Denver, Arapahoe, Colorado; Roll: 88; Page: 234A; Enumeration District: 011.

4) Official Register of the United States, Containing a List of Officers and Employees in the Civil, Military, and Naval Service, Vol. 1. 1881.

5) "Hotel Arrivals." The Daily Phoenix. May 15, 1873. p. 2.

6) "South Carolina – Richland County" The Daily Phoenix, July 28, 1874, p. 1.

7) "District Court. " Las Vegas morning gazette, March 9, 1881, p. 4.

8) Sherman, James E. and Sherman, Barbara H. Ghost Towns and Mining Camps of New Mexico. University of Oklahoma Press, Norman, Oklahoma. 1975. p. 26c.

9) "Current Comment." Las Vegas daily gazette., February 25, 1882, p. 2.

10) "Breakfast Briefs." Las Vegas daily gazette, June 9, 1882, p. 4.

11) "Santa Fe County Convention" Las Vegas daily gazette, October 10, 1882, p. 2.

12) "Heavy Damages Asked." The Wheeling daily intelligencer, September 3, 1884, p. 1.

13) "Personal." Las Vegas daily gazette, November 7, 1885, p. 4.

14) "Former New Mexicans. " Las Vegas daily optic, December 9, 1896, p. 4.

15) "Witnesses Leave the City." The Seattle post-intelligencer, June 30, 1898, p. 12.

16) "Hail Columbia." The Independent, September 10, 1898, p. 3.

17) "Lawyer E. Capyless." The Hawaiian star, October 26, 1898, p. 2.

18) The Hawaiian star, May 25, 1912, p. 9.

19) "General." The Benson signal, June 16, 1917, p. 2.

20) "Former Honolulan Found Dead in Bed." The Hawaiian gazette, June 12, 1917, p. 6.

21) "Lawyer who defended Billy the Kid is Dead." Albuquerque morning journal, June 9, 1917, CITY EDITION, p. 1.

22) "Honolulu Has a New Mayor and a New Federal Judge." The Pacific commercial advertiser, July 2, 1904, p. 2.

23) The Hawaiian star, July 5, 1904,, p. 5.

24) Hartford, Connecticut, City Directory, 1877

25) Seattle, Washington, City Directory, 1898

26) "Steamer 'City of Columbia' in Dire Distress." Evening bulletin, November 4, 1898, p. 1.

27) The Hawaiian star, September 15, 1898, p. 1.

28) "Lawyer E. Caypless." The Hawaiian star, October 26, 1898, p. 2.

29) "Steamer 'City of Columbia' in Dire Distress!" Evening bulletin, November 4, 1898, p. 1.

30) "Colegrove and Columbia." The Hawaiian star, March 10, 1899, p. 1.

31) "Edgar has gone." The Pacific commercial advertiser, November 11, 1899, p.  3.

32) "'Bob' Wilcox has gone." Evening bulletin, November 27, 1899, p.  1.

33) "Hawaiian Royalist Gone." The Seattle post-intelligencer, December 9, 1899, p. 10.

34) "Where Success Lies" The Hawaiian star, October 23, 1902, SECOND EDITION, p. 4.

35) "Theresa and Caypless Form Political Alliance." The Pacific commercial advertiser, November 26, 1903, p. 1.

36) "Politicians Came to Blows." The Pacific commercial advertiser, October 18, 1903, p.  1.

37) The Hawaiian star, May 25, 1912, SECOND EDITION, p. 9.

38) "Circuit Court Term." Evening bulletin, November 5, 1900, p. 1.

39) "Caypless for Judge." The Pacific commercial advertiser, May 29, 1901, p. 1.


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