Benjamin Drake Magruder was born in
Jefferson County, Mississippi on September 27, 1838. He entered
Yale University at the age of fourteen, graduating fourth in his class four years later. He moved to
Baton Rouge, Louisiana to teach at a school. In his free time, he studied law under
Joseph Barton Elam. Magruder then attended the
University of Louisiana at New Orleans Law School and graduated as valedictorian in 1858. Magruder opened a law office in
Memphis, Tennessee in September 1859. He moved to
Chicago, Illinois in 1861 to escape the
Civil War. George F. Bailey admitted him as a junior partner, forming the Bailey & Magruder law practice. He later formed his own law practice as Magruder & Norton. The firm later became Magruder & Kerr before Magruder joined in the formation of the Hervey, Galt & Magruder firm.
Joseph Gary, a former partner of Bailey, appointed Magruder Master in Chancery for the
Superior Court of Cook County in 1868. He served this court until 1885. Upon the death of
Theophilus Lyle Dickey in 1885, Magruder was elected to fill his position in the
Supreme Court of Illinois. After finishing the rest of Dickey's term, Magruder was elected to two more nine year terms. He served as chief justice in 1891, 1896, and 1902. His tenure on the court is best known for his decision in
Illinois vs. August Spies et al. in 1887 to uphold the convictions against the
Haymarket anarchists. Magruder also wrote the decision denying the creation of the Chicago Gas Trust Company, which would have monopolized the local illuminating gas trade. He was not nominated for re-election to the court in 1906. The
Yale Law School conferred upon him an honorary Doctor of Laws degree later that year. Magruder then resumed practicing law. Magruder married Julia Maria Latham, the daughter of Philip Clayton Latham, on June 15, 1864; they had a son and a daughter. He attended
Fourth Presbyterian Church. He died in Chicago from
Bright's disease on April 21, 1910. He was buried there in
Rosehill Cemetery. ==References==