Notes


Note    N7440         Index
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Capt William Thaddeus McCarty Jr. BIRTH 15 Dec 1838 Fauquier County, Virginia DEATH 30 Oct 1925 (aged 86) Emporia, Lyon County, Kansas BURIAL Maplewood Memorial Lawn Cemetery Emporia, Lyon County, Kansas
PLOT Section 29, Lot 31, Space 6 MEMORIAL ID 84966945
Parents William Thaddeus McCarty 1807-1874 Hannah Fox McCarty 1805-1885
Spouse Olivia Cecelia West McCarty 1850-1921 (m. 1867)
Siblings
John Chew McCarty 1837-1913
Mary Louisa McCarty 1841-1914
Emily Mason McCarty 1843-1917
Children
Mason W. McCarty 1868-1958
William Cecil McCarty 1872-1959
James Brooke McCarty 1875-1958
Evangeline McCarty Brunswick 1878-1942
Wirt Glover McCarty 1880-1911
Keith McCarty 1883-1969
Fay McCarty Rankin 1884-1944
Alston Madden McCarty 1886-1972
Olivia Cecelia McCarty Kerr 1890-1992

William G. Cutler's History of the State of Kansas
W. T. McCARTY, attorney-at-law, was born near Warrenton, Fauquier Co., Va., December 15, 1838. He was educated at Bloomfield Academy, Virginia; was one year in the law department of the University of Virginia. He enlisted in the Confederate army in the spring of 1861; served with Stonewall Jackson in the Artillery, first as a non-commissioned officer, then as Lieutenant, then as the AQ'ntant of Poague's Artillery Battalion; afterwards commanded a battery and surrendered to Grant at Appomattox. Read law one and a half years with Hon. J. V. Brooke, of Warrenton, Va., and was admitted to the bar in Winchester, Va., in November, 1866. In January, 1867, he went to Oxford, Miss., and attended the law school of the University of Mississippi two years, graduating from that department. He was married at Oxford, Miss., October 22, 1867, to Olivia C. West, a native of Lexington, Holmes Co., Miss., and daughter of Gen. A. M. West, then President of the Mississippi Central railroad. Mr. McCarty came to Emporia July 6, 1869. For one year he was associated with H. C. Cross in the practice, after which he was alone until November, 1876, when he became a partner of E. W. Cunningham, which association has continued to the present time. Mr. and Mrs. McCarty have seven children - Mason W., William C., James Brooke, Carrie H., Evangeline, Wirt G. and an infant son.

Son of William Thaddeus McCarty and Hannah W Fox

The Emporia Gazette, 30 Oct 1925, Fri, Pages 1 & 2
W. T. McCARTY DEAD
W. T. McCarty died suddenly this morning at 5 o'clock at his home, 1002 Rural. He had been in failing health for several months.
William Thadeus McCarty was born in Fauquier County, Virginia, December 15, 1838. He was the son of William T. and Hannah Fox McCarty, both of whom were of Scotch-Irish descent. Mr. McCarty was educated in Bloomfield Academy in Albemarle County, and the law department of the University of Virginia. He was a student in the university at the beginning of the Civil war, and helped to form a company of volunteers for the Confederate army in April, 1861. This company was mustered into active service under General Wise the following July, and was disbanded in December of the same year.
Mr. McCarty returned to his home at Warrenton, Va., and assisted in raising a battery, of which he became a lieutenant. With this battery he saw much service, and participated in the Seven Days' battles around Richmond, Fredericksburg, Chancellorsville, the Battles of the Wilderness, the sieges of Petersburg and Richmond, and many minor engagements. At Gettysburg, he commanded his battery, and was promoted to a captaincy. At Fredericksburg and Spotsylvania, the horse from which he rode was shot from under him, but Captain McCarty never received a wound in battle, and never was absent from duty. He served under both Lee and Johnston, and was with Lee at the surrender at Appomattox.
At the close of the war, Mr. McCarty returned to his father's plantation to find the home and farm ruined by the fortunes of war, and with no money to rebuild. The house, fences, barns and sheds had been burned, and young McCarty helped the family in the tasks of getting started anew. He felled trees and split rails and made fence posts, and together they got the plantation once more under fence. As soon as possible, he resumed the study of law, this time with Allen Forbes, a noted Virginia lawyer. He was admitted to the bar in 1866, following a rigid examination by three judges. A little later he left Virginia and started to Texas, where he had relatives, to visit, with the prospect of locating in Texas should the country appeal to him. He stopped to visit relatives in Oxford, Miss., and there delivered a letter of introduction to L. Q. C. Lamar--afterward a member of Cleveland's cabinet--then dean of the law department of the University of Mississippi. Mr. Lamar induced him to enter the university and study for a degree, which he received in 1868. At Oxford, young McCarty met Miss Olive C. West, the daughter of Gen. A. M. West, of the Confederate army, a planter and politician, and at that time a member of the Mississippi legislature. Mr. McCarty and Miss West were married October 20, 1867.
In May, 1869, the McCartys came to Kansas on a prospecting trip. They liked Emporia, and went no further. Captain McCarty opened a law office, and for a year was associated with the late Col. H. C. Cross. Then he went into partnership with the late E. W. Cunningham, with whom he was associated until Judge Cunningham's selection to the supreme bench of Kansas, in 1891. Judge Cunningham was a Republican. Captain McCarty always was a Democrat, yet their long association served only to cement a warm and sincere friendship.
Captain McCarty was interested in the town, and made himself not merely in the town, but of it. He served as a member of the school board and as city attorney. He was county attorney for two terms. In 1906 he was elected judge of the probate and juvenile courts, and was re-elected to this office. He administered the office wisely and well, and won the approbation of Republicans as well as Democrats. Especially was he a terror to bootleggers, and his record of prosecutions of liquor sellers was a long one.
Ten children were born to Mr. and Mrs. McCarty. The death of a son, Wirt G. McCarty, in 1911, was the first break in a devoted family circle. Mrs. McCarty died five years ago. The surviving children are: J. B. McCarty, Los Angeles, Calif.; Mason W. McCarty, Emporia; Mrs. W. H. McBride, Nashville, Tenn.; Mrs. W. W. Brunswick, Niagara Falls, N. Y.; Keith McCarty, Emporia; Mrs. H. N. Rankin, Topeka; Mrs. D. R. Kerr, Atchison; William C. McCarty, and Alston G. McCarty, both of Denver, Colo. There are eight grandchildren, Mrs. Warren Macurdy, of Emporia; Mrs. Horace Polk and Miss Martha McBride, of Nashville, Tenn.; Eleanor Grace and Kenneth Rankin, of Topeka; Alston, Jr., and Anne McCarty, of Denver, and David Kerr, Jr., of Atchison.
Mr. McCarty was a Mason, and a member of the Episcopal Church. He had been a member of the vestry of St. Andrew's church for nearly 50 years, and had been junior warden for more than 20 years. Funeral arrangements have not been made.

The Emporia Gazette, 12 Aug 1925, Wed
Judge W. T. McCarty, who was stricken with paralysis Monday morning at his home, 1004 Rural, is slightly improved today.

The Emporia Gazette, 30 Oct 1925 TAPS FOR THE CAPTAIN
Some way he was a soldier to the end, a soldier and a gentleman. Tall, spare, courtly, dignified, never sacrificing his square-cut military beard to the hirsute adornment of a newer day, Capt. W. T. McCarty, who died this morning, remained always a soldier and a gentleman, of the Old South.
Since the bitterness of the Civil War has become only a memory he fraternized more or less with the veterans of the G.A.R. But in his heart, he remained a Confederate soldier, true to the conditions of the confederacy. Not that he was in a whit disloyal; no more devoted American ever stood in shoes than Captain McCarty. But he thought in terms of the Old South. Blood meant much to him. The amenities of life were important. He said "sir" more times than any 10 men in town. Money spelled little in his estimate of success. He had a low opinion of all the forms and obligations and fashions that go toward the accumulation of wealth. He practiced law, but he never made out a statement of account in his life.
Yet he and his wife reared a large family--10 in all--educated them and started them well in life. They have done well. One died after maturity in a successful position. How he did it was the marvel of the town. Yet there was the fact accomplished. We of these colder northern climes could not understand how a man to whom money meant nothing could get on in a world where money was the counter of success.
But he lived his own life, the life of a Southern gentleman in his own way, quite indifferent to his environment. He was strong--stronger than our northern traditions and customs and creeds. It was rather a fine thing to do--to live up to his traditions and ideals to the last. But the captain did it well. And as he passes in the innumerable procession out to Maplewood, we lift our hat in reverence to the passing of a fine, strong, knightly soul. And in the end he conquered, for he never lowered his flag, God bless him even though he laid down his sword.

The Emporia Gazette, 02 Nov 1925, Mon McCARTY FUNERAL AT CHURCH
Funeral services of Capt. W. T. McCarty, who died Friday morning, will be held Tuesday afternoon at 2 o'clock at St. Andrew's Episcopal Church instead of at the home which was previously planned. The change was made at the request of Captain McCarty's friends.

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