THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES Digitized by the Internet Archive in 2014 https://archive.org/details/benchbarofohioco0002reed BENCH AND BAB OF OHIO A COMPENDIUM OF HISTORY AND BIOGRAPHY gXtxistvated with MtezUfglukz and ^nlf+Xanc GEORGE IRVING REED, A. M. EDITOR EMILIUS AM ATT RA.NDALL, Ph. B., LL.B., LL. M. AND CHARLES THEODORE GREVE, B. A., LL. B. ASSOCIATE EDITORS VOL. IB CHICAGO THE CENTURY PUBLISHING AND ENGRAVING COMPANY 1897 COPYRIGHT, 1897 THE CENTURY PUBLISHING AND ENGRAVING COMPANY CHICAGO O. & H • PRESS DOXOHUE in 1829, located in Cincinnati for practice. During the first years his time was not fully occupied with law business and he wisely employed his leis- ure in compiling a new edition of the Ohio Statutes, including the territorial enactments. This work completed bore such evidence of painstaking, such discriminating judgment and thorough knowledge of legal principles, as to give the young lawyer a definite standing in the profession and attract to him desirable clients. The historical introduction to "Chase's Statutes" arrested attention by its accuracy of statement and pure literary style. Thencefor- ward he was a busy man and a successful lawyer. All of the powers of his great mind were concentrated and devoted to acquiring a deep and thorough knowledge of the principles of the law ; and to the application of those princi- ples, as well as statutes, in the trial of causes. He won his way to the fore- front by the time he was forty years of age. One or two cases tried in the early years of his practice contributed much to his fame, evidencing as they did his independence and his disposition to antagonize slavery, no less than his original views of the constitutional rights and limitations of the system. A slave woman known as Matilda, brought to Cincinnati by her master, refused to return to bondage ; and Salmon P. Chase, then a very young practitioner, conducted her suit for freedom. He contended that slavery, being naturally wrong and repugnant to the common law, could only be maintained by special enactment, and slaveholders had no right to retain possession or control of their slaves in a free State. He w r as also counsel of James G. Birney, aboli- tionist publisher, in the prosecution of a mob that destroyed his presses and type in Cincinnati. His convictions on the subject of slavery were deep and firm enough to influence his political action. He was a democrat in a broad sense and acted with the Democratic party during the early part of his political career ; although he was a leader in every convention and popular movement to restrict slavery. In 1849, by a fusion of the Free-soilers and Democrats in the legislature, he was elected to the United States Senate, and soon became conspicuous as a member of that body for his powerful opposition to the compromise measures of 1850, which gave birth to the Fugitive Slave Law. He broke with the Democratic party in 1852, when the platform of its national convention endorsed that law and denounced any further discussion of slavery as a moral and political question. At the close of his term as sena- tor, in 1855, he was elected governor of Ohio by the anti-administration voters of all parties, and was re-elected in 1857. In this office he displayed rare 30 BENCH AND BAR OF OHIO. executive ability. Foreseeing the issue of civil war, he organized the militia of the State and placed it on a war footing. His name was proposed in the Republican convention of 1860 as a candidate for President, and he received the votes of forty-nine delegates. He was appointed by his gubernatorial suc- cessor a member of the Peace Conference held in Washington at the instance of Virginia early in 1861. As one of the ablest and most eminent members of that body, he labored to induce the Southern leaders to trust Mr. Lincoln, and seek redress of their alleged grievances in the Union and under the Constitu- tion. With deep feeling he urged them to halt and ponder the situation. In closing his appeal he said: " On the coming 4th of March Mr. Lincoln will be inaugurated, and take an oath to support and defend the Constitution of the United States — of all the United States, and that oath will bind him to take care that the laws are faithfully executed throughout the United States. Will secession absolve him from that oath ? If the President does his duty, and seces- sion or revolution result, what then ? Civil war. Let us not plunge madly into that unfathomable gulf." When Mr. Lincoln became President he nominated Mr. Chase for secretary of the treasury, and the Senate promptly confirmed the nomination. Mr. Chase accepted the position, impressed deeply and solemnly with a sense of the responsibility it imposed. The treasury was empty, and the credit of the government was much impaired by the vacillating policy of the last administration. Secretary Chase was, at the threshold of his career as head of the treasury department, confronted by problems not less momentous and perplexing, and certainly much more embarrassing, than those which engaged Alexander Hamilton seventy years earlier. He was obliged to devise and formulate a system of raising revenue on a stupendous scale unprecedented in the history of the country. He must calmly and patiently create a fiscal policy at a time when one-third of the States had formally withdrawn from the Union and menaced the government by rebellion. The credit of the Nation must be restored so that money could be borrowed at reasonable rates of inter- est, and the chief reliance for Joans must be our own people. Theretofore Mr. Chase had not been prominent as a financier. No situation in his life had called into action talents distinctively financial; but now he rose grandly to the occasion, and his genius created a system of finance sufficiently elastic to meet the -exigencies and enormous requirements of the civil war and the moderate demands of a condition of peace. He entertained some doubt as to the constitutional power of the government to issue its treasury notes except as a war measure, and his doubt was shared by half the judges of the Supreme Court. A majority of that tribunal, however, after two justices had been added, settled the question by an affirmative decision. His greatest achieve- ment for posterity was the substitution of National for State banks. Mr. Chase was ambitious. He desired the Presidency of the United States. Many of his intimate friends urged his candidacy in 1864, while a large majority of the party favored the renomination of Mr. Lincoln. In June, 1864, Mr. Chase resigned from the Cabinet, and in November of the same year President Lin- coln appointed him Chief Justice of the United States Supreme Court. He BENCH AND BAR OF OHIO. 31 was an ideal Chief Justice, possessing in the highest degree the talents and attributes which enabled him to honor the position. He was a superb speci- men of physical manhood ; his frame was large, his carriage erect and stately ; his head magnificent in its proportions and poise ; his features were regular and refined, and his air altogether distinguished. Few Americans have been permitted to round out a career of equal greatness and usefulness. Mr. Chase was married three times. His first wife died in 1835, after one year of mar- ried life; his second lived six years, dying in 1845 : his third also lived six years, dying in 1852. His brilliant daughter, for whom his attachment was singularly strong, presided with charming grace in his Washington home while he was Secretary and Chief Justice. Judge Chase was a man of the most refined taste and undoubted purity. He was at all times under perfect self-control. He died in 1873. Morrison R. Waite was appointed Chief Justice in January, 1874, to suc- ceed Justice Chase. He was born in Lyme, Connecticut, November 29, 1816. His father, Henry Matson Waite, was also a native of Lyme, a graduate of Yale College, who practiced law in his native town with large success ; filling the offices successively of representative and senator in the State legislature ; receiving appointment in 1834 as judge of the Supreme Court of Errors, and later being elected Chief Justice by unanimous vote of the legislature, a posi- tion which he held until the age limit of seventy years was reached. Members of the Waite family generally were great men, and men of strong character and upright lives. The mother of Morrison R. Waite was a granddaughter of Colonel Samuel Selden, who commanded a Connecticut regiment in the Revo- lutionary army ; was made prisoner of war in September, 1776, and died the following month. Judge Waite was graduated from Yale in 1837, in a class comprising William M. Evarts, Edwards Pierrepont, Samuel J. Tilden, Ben- jamin Silliman, and others more or less distinguished. He took up the study of law in his father's office, but in 1838 came west and settled at Maumee, Ohio, where he renewed his studies in the office of Samuel M. Young. He was admitted to the Bar in 1839, and formed a partnership with his preceptor. The practice of that time involved travel on horseback to the different counties of the circuit and the management of all kinds of cases. In 1850 Mr. Waite removed to Toledo, opening a branch office for his firm, and six years later, upon the retirement of his associate from practice, his brother, Richard Waite, became a partner. This association was continued until his appointment as Chief Justice, when his son, E. T. Waite, became the junior partner of his brother. Mr. Waite continued in the practice and was very soon recognized throughout the State as one of the greatest lawyers at the Bar. He never was at any time a politician and yet always had deep convictions upon the impor- tant questions which separated parties. He was first a Whig and afterwards a Republican ; was elected representative in the State legislature in 1849 and served with special credit. He was a candidate for delegate to the Constitu- tional convention of 1850, but defeated simply on account of politics. Through- out the war he was the very earnest supporter of Mr. Lincoln's administration, 32 BENCH AND BAR OF OHIO. and was especially in sympathy with his policy of making the preservation of the Union, and not the abolition of slaver}', the paramount issue of the war. He was chosen by the Republicans who represented that policy as a candidate for Congress in 1862, but was defeated. In 1863 he declined the position of judge of the Supreme Court of Ohio, tendered by Governor Brough. Although his practice had been within the borders of Ohio almost entirely, his reputation as an able constitutional lawyer had become national ; so that in December, 1871, he was appointed by President Grant one of counsel representing the United States in the arbitration at Geneva, where the claim of the govern- ment against Great Britain for the depredations committed by the ''Alabama " was submitted. Before that tribunal he demonstrated large capacity, entire familiarity with the case and a wide knowledge of international law. There was no more effective presentation of the government's case than the one made by Morrison R. Waite. When the award was finally settled by the board of arbitration he returned to Toledo and resumed his law practice. As evidence of his growth among the people of his own section of the State it is only necessary to mention the fact that he was elected without opposition, in 1873, to the convention called to revise the Constitution of the State, and when that convention assembled in Cincinnati he was chosen president. While serv- ing as presiding officer he was nominated by President Grant for Chief Justice, although he had taken no steps to secure the position and was not aware that his name was seriously considered by the President. Members of the convention over which he presided were greatly pleased with the honor conferred upon him and a resolution was introduced expressing approbation of his nomination. This resolution he very promptly ruled out of order. It is a singular fact that Mr. Waite was admitted to practice in the Supreme Court only one year before his nomination as Chief Justice, and his admission was upon the motion of Caleb Cushing; and Caleb Cushing's name had been sent to the Senate as the succes- sor of Chief Justice Chase, and then withdrawn by the President just before Waite's nomination. Mr. Waite assumed the duties of Chief Justice March 4, 1874, and continued to discharge them with marked ability until his death in 1888. He brought to the position a very large mental capacity, and powers of physical endurance almost unequalled. Naturally strong and well knit as to his organism, he had been trained in early life by hard work and had become thoroughly seasoned by the exercise and toil incident to his early practice. His life had always been free from vicious habits and he was therefore strong, symmetrical and perfect in the development of a powerful physique. His experi- ences in the rough and tumble contests of the forum had contributed to his qualification for the labor and the acumen necessary to the correct decision of important questions submitted to the highest court. He took up the work courageously, exhibiting always ability, industry and patience in the discharge of his duty. He possessed the dignity of character and of manner which com- manded respect. Under his guidance the business of the court was transacted with harmony among the judges, and decisions were reached with as much facility as at any period of the court's history. He wrote many of the deci- BENCH AND BAR OF OHIO. 33 sions himself, and all of them passed the scrutiny of the critics and were accepted without complaint as the law of the land by all parties interested. Judge Waite had a very exalted estimate of the character and responsibilities of the office of Chief Justice of the Supreme Court. He regarded it so rever- ently as not to lend himself to any movement on the part of his friends to make him a candidate for President. He was not ambitious to be chief exec- utive of the Nation, and as a matter of principle he declined with great posi- tiveness to permit the use of his name in that connection. He averred it was dangerous to have a judge look beyond the judiciary in his personal ambition. In all that pertained to the duties of his office he was sincere, honest, pains- taking and capable. His usefulness was the more conspicuous because he was satisfied with the honors conferred and was unselfish throughout his public life. Judge Waite was married September 21, 1840, with Amelia C, daughter of Samuel Selden Warner, of Lyme, Connecticut. Five children were born of this union, of whom Henry Selden died April 10, 1873, leaving a wife and two sons ; Christopher C, a railroad official of prominence, died in Columbus in 1896; and one died in infancy. The living are Edward T., lawyer, Toledo, and Mary F., of Washington, D. C. Stanley Matthews, for many years a leader of the Bar of Ohio and of the country, was born at Cincinnati, July 21, 1824. His father, Thomas J. Matthews, was a native of Leesburg, Virginia, and subsequently professor of mathematics in Transylvania University in Lexington, Kentucky. He was by vocation a civil engineer, and as such ran the State line between Tennessee and Kentucky, and built the Lexington and Frankfort Railroad. The mother of Stanley was Isabella Brown, a daughter of Colonel William Brown, who came from Connecticut and settled at Columbia in Hamilton county, Ohio, in 1788. Stanley Matthews passed his boyhood in Kentucky, but in 1832 his father was made president of Woodward High School in Cincinnati, and the son entered that institution as a pupil and remained there continuously until 1839, when he entered the Junior class of Kenyon College at Gambier, Ohio, whence he graduated the following year, having displayed especial proficiency in the classics. In the following fall he entered upon the study of the law at Cincin- nati. In 1842 he removed to Maury county in Tennessee, where for two years he was a teacher in the Union Seminary, near Spring Hill, conducted by the Rev. John Hudson. In February, 1843, he married Mary, a daughter of James Black, a resident of Maury county. He began the practice of the law at Columbia, and also edited there a weekly political paper called the Ten- nessee Democrat. In 1844 he returned to Cincinnati, and being admitted to the Ohio Bar in 1845, he formed a partnership with Judge Hey s and Isaac C. Collins. He became prominent as assistant prosecuting attorney of the county, which appointment was secured for him by the president judge, William B.Caldwell. His reading of Dr. Gamaliel Bailey's anti-slavery daily newspaper, the Cin- cinnati Herald, led to his temporary abandonment of the law, and in Novem- ber, 1846, he became the editor of that paper and so continued for over a year, until the suspension of its publication. His political position by that time was 34 BENCH AND BAR OF OHIO. of such prominence that he was elected clerk of the Ohio House of Repre- sentatives for the session of 1848-9, at which Salmon P. Chase was elected United States senator. In 1850 he resumed the practice of the law, and in 1851. after the adoption of the new State Constitution, he was elected one of the three judges of the Court of Common Pleas of Hamilton county. He resigned his position January 1, 1853, and formed a partnership with Vachel Worthington, his former law preceptor, under the firm name of Worthington & Matthews. In 1855 he was elected to the Ohio Senate and served his term. In 1858 he was appointed United States attornej' for the Southern District of Ohio by President Buchanan. Shortly after the inauguration of President Lincoln he resigned his office, and in June, 1861, was commissioned lieutenant colonel of the Twenty-third Ohio Volunteer Infantry. The colonel of the regiment was W. S. Rosecrans, and the major Rutherford B. Hayes. He served in the West Virginia campaign until October, when he became colonel of the Fifty-first Ohio, and served under General D. C. Buell in the operations of the Army of the Cumberland in Kentucky and Tennessee. He was provost marshal of Nashville until July, 1862, when he was put in command of a brigade. In May, 1863, he was elected judge of the Superior Court of Cin- cinnati, having for his associates Bellamy Storer and George Hoadly. He resigned this office in July, 1865, and at once took a leading position at the Bar. Although previous to the war J udge Matthews had been a Democrat, his affiliations subsequently to that time had been Republican. In 1872 he was temporary chairman of the Liberal Republican Convention, but refused to sup- port Mr. Greeley, its nominee. In 1876 he was the Republican candidate for Congress, but was defeated by General^Henry B. Banning, after a very close vote. In the celebrated contest before the electoral commission Judge Matthews appeared for Rutherford B. Hayes, and his arguments before that tribunal were the admiration of the Bar of the country. Subsequently, when John Sherman resigned his seat in the Senate to accept the treasury portfolio, Stanley Matthews was selected to serve out his unexpired term, being succeeded in 1879 by George H. Pendleton. Upon the retirement of Justice Swayne from the Supreme Bench, President Hayes, and subsequently President Gar- field, nominated Stanley Matthews for the vacant position. He was confirmed and received his commission May 12, 1881, and served on the Supreme Bench until the time of his death, March 22, 1889. Shortly after Mr. Justice Matthews removed to "Washington he lost his wife. Two sons, one of whom, Mortimer, is a member of the Cincinnati Bar, and three daughters survive this union. In June, 1887, Mr. Justice Matthews was married in Washington to a highly cultured woman. Mr. Justice Matthews stood in the very first rank of Ohio lawyers. His learning was prodigious and his mind was trained to a thorough grasp of every phase of the law. Readiness, accuracy and force distinguished him as a debater and advocate. A man of fine physical presence, great personal dignity and an eminently judicial temperament, he represented the highest type of lawyer and judge. BENCH AND BAR OP OHIO. 35 UNITED STATES DISTRICT COURT. In pursuance of an Act of the Congress of the United States of America, begun and held at the city of Washington in the District of Columbia, on Mon- da,y the sixth day of December, in the year of our Lord 1802, entitled " An Act to provide for the due execution of the laws of the United States within the State of Ohio," the Honorable Charles Willing Byrd produced a com- mission from Thomas Jefferson, Esq., President of the United States of America, bearing date the third day of March, 1803, appointing him judge of the District Court of the United States in and for the Ohio District, together with a certificate of his having had the oath prescribed by an Act of Congress to regulate the time and manner of administering certain oaths, and also the oath of a judge of the District Court of the United States for the District of Ohio administered to him by Edward Tiffin, Esq., governor of the State of Ohio. And thereupon a court of the United States for the District of Ohio was held at the court house in the town of Chillicothe on Monday the sixth day of June, in the year of our Lord one thousand eight hundred and three, and of American Independence the twenty-seventh. The said Charles Willing Byrd served as judge until August 11, 1828, when he died. And thereupon William Creighton, Jr., was appointed. The latter assumed his duties November 1, 1828, and held court until December 31st of the same year. His appointment failed for want of confirmation by the Senate and thereupon a vacancy occurred, which was not filled until March. Mr. Creighton had served as secretary of the State of Ohio, having been elected by the General Assembly in 1803. John W. Campbell was nominated by President Jackson March 7, 1829, and unanimously confirmed by the Senate. He entered upon the discharge of his judicial duties at once and served until his death on the 24th of September, 1833. Judge Campbell was a Virginian by birth and Scotch-Irish by descent and parentage. Near the beginning of the seventeenth century his Scotch ancestors emigrated from Argyleshire and settled near Londonderry in the North of Ireland. In 1740, members of the family first settled in Augusta county, Virginia, where he was born February 23, 1782. His education was carefully supervised by private tutors, two of whom were Presbyterian clergy- men. He studied law under the instruction of his uncle, Thomas Wilson, at Morgantown, Virginia, was admitted to the Bar of Ohio in 1808, and began practice at West Union, Adams county. The family had removed into the territory in 1798. By his engaging manners and estimable character, his knowledge of the law and careful attention to business, he was enabled to rise rapidly in his profession. He served as prosecuting attorney for the counties of Adams and Highland, was a member of the legislature, and in 1812 was a candidate for Congress. He was defeated the first time, but was elected in 1816, and re-elected four times, by a vote that was practically unanimous. He 36 BENCH AND BAR OF OHIO. discharged the duties of Congressman faithfully and honestly for ten years, and was ever mindful of the obligation to his constituents arising from the representative character of the office. He was a supporter of Jackson's theory of the supremacy of the national law, and was the opponent of protective tariff. On retiring from Congress he settled on a farm in Brown county in 1827, and was the Democratic candidate for governor in 1828. His canvass was in all respects creditable to him, although it did not end in his election. Defeat at the polls was followed a few months later by his appointment to the office of judge of the United States Court for the District of Ohio. ■ Judge Campbell was a severe student and a man of exemplary habits. " He neglected no duty, and found much time by rising at a very early hour in the morning for writing on various topics of popular concern, and for literary study. He was a believer in Christianity and observed its precepts in his daily life. "When the scourge of cholera visited Columbus in 1833 no hands were found more willing to relieve want, and no voice brought more solace and cheer to- stricken households than the hands and the voice of Judge Campbell. He literally wore his life out in saving others or administering to their relief. Anxiety and exposure and the strain of overwork so reduced his vitality that he was unable to resist the acute attack, which terminated in his death at Delaware Springs, September 24. 1833. Judge Campbell had a clear intellect and a cultivated mind. He discerned points and principles of law and expressed his views with precision. His practical, saving common sense was his unerring monitor. Benjamin Tappan was appointed September 24, 1833, by President Jackson to succeed Judge Campbell and held court for three days — December 23, 24 and 25, 1833 — but the Senate refused to confirm him and thereupon a vacancy ensued which was not filled for more than six months. Judge Tap- pan, a native of Northampton, Massachusetts, had come to Ohio Territory in 1799 at the age of twenty-six and entered upon the practice of law at Steuben- ville. As a boy he had been apprenticed to a copper-plate engraver in Boston and learned the trade before taking up the study of law. His father was a gold and silversmith by trade and his mother was Sarah Homes, a grandniece of Benjamin Franklin. He belonged to a family of considerable distinction in commercial affairs, church work and philanthropy. He served as a member of the legislature of Ohio and was presiding judge of the Court of Common Pleas for seven years, and senator of the United States four years. He was a good lawyer, somewhat droll in manner, but master of a quick wit and keen sense of humor. He became a Free-soiler, lived to the age of four score and died at Steubenville in 1857. Humphrey H. Leavitt succeeded Tappan, entering upon the discharge of his judicial duties July 24, 1834. He was born at Suffield, Connecticut, June 18, 1796, and came to Ohio with his parents in 1800, settling at Steubenville after a short stop at Cadiz. After admission to the Bar he served a term as prosecuting attorney, was elected representative and senator in the State legislature, served in Congress from 1830 to 1834 and at the close of his BENCH AND BAR OP OHIO. 37 second term was appointed to the district judgeship. He served thirty-seven years on the Bench of this court and retired by virtue of the constitutional provision regarding the age limit. He was a clear-headed lawyer and a high- minded judge ; conscientious in the discharge of a public or a private duty and painstaking to discover his duty with respect to any question presented for investigation or decision. He was exceedingly well versed in laws relating to ' patents, and some of his decisions in cases of that class have been accepted as the highest authority. He was a firm supporter of the government during the .Rebellion, and held that incendiary speech, calculated to excite sedition, at such a time, was not to be justified or tolerated as a right of free speech." On Februarjr 10, 1855, the State was divided into the "Northern District" and the "Southern District'' of Ohio, Judge Wilson receiving appointment for the Northern District. From that time until his retirement Judge Leavitt presided in the Southern District. He was a Presbyterian and served as com- missioner in the General Assembls^ of the church eleven times. Hiram Y. Wilson, the first judge appointed for the United States Court in the Northern District of Ohio, was nominated by President Pierce in March, 1855, soon after the Act of Congress dividing the State became a law by the signature of the President. Judge Wilson had gone to Washington at the instance of the Cleveland Bar to labor for the passage of the bill, and his appointment to the judgeship was acceptable to members of the profession acquainted with his abilities and characteristics as a lawyer. He was a native of Madison county, New York, born in April, 1808; was graduated from Hamilton College in 1832; read law under the instruction of Honorable Jared Wilson of Canandaigua, New York, and Francis Scott Key of Washington, D. O, author of "The Star Spangled Banner." He was energetic, studious and self-reliant, maintaining himself while pursuing his studies by teaching school. Upon coming west in 1833 he stopped in Painesville for a short time, but soon settled in Cleveland, where he formed a partnership with the late Henry B. Payne, a former classmate in college. Both were very poor at the time, with barely the necessaries of life ; but they were persistent, plucky ? hopeful. In 184:4 Edward Wade was received into the firm, changing the name to Payne, Wilson & Wade. Upon the retirement of Mr. Payne in 1846, Reuben Hitchcock succeeded him in the firm of Hitchcock, Wilson & Wade. In 1850 Mr. Hitchcock retired and James Wade was admitted to the firm, which became Wilson, Wade & Wade, and so continued until Judge Wilson's appointment to the Bench. Up to that time he was a lawyer, devoted wholly to the practice, with ever increasing success and ever growing reputa- tion. He had, it is true, prior to his elevation to the Bench, engaged actively in partisan politics, and was the Democratic candidate for Congress in 1852. It was a three-cornered contest — Whig, Democrat and Free-soiler — and his law partner, Edward Wade, was elected as the Free-soil candidate. Upon his elevation to the Bench Judge Wilson abandoned the field of partisan poli- tics forever. He held it was the duty of a judge to keep his mind free from the possibility of bias or prejudice which might be fostered by the too active 38 BENCH AND BAR OiP OHIO. support of a party. He was a pure and upright judge, measuring up to the Baconian standard of impartiality. He became exceedingly proficient in admiralty law as applicable to the great chain of lakes and inland navigation generally. Perhaps his opinions set forth at length in deciding important cases of this character are the clearest expositions of the law to be found in the books. Certainly none exhibited a deeper research and none have been more generally accepted as authoritative. The prominent citizens of Oberlin,. indicted for the rescue of a fugitive slave from his captors in violation of the Fugitive Slave Law, were tried in his court, and it is said he calmly and dis- passionately charged the jury, without a manifestation of partisan zeal or a disposition to be influenced by the demonstration in favor of the prisoners. He was a War Democrat, judicially, holding that any attempt to subvert the gov- ernment was treasonable ; but the right of peaceful assembly and free speech should not be abridged or denied. Judge Wilson was naturally and always courteous, extolling the virtue of urbanity by his own example. His venera- tion for the profession was profound, and both at the Bar and on the Bench he sought to honor it. He died of consumption November 11. 1866. Chakles T. Sherman, of Cleveland, son of Judge Charles R. Sherman of the Supreme Court of Ohio, was appointed March 2, 1867, to succeed Judge Wilson, and served until 1873, when he resigned. Martin Welker was there- upon appointed and served until January 16, 1890. August J. Ricks, appointed to succeed Judge Welker on the day of the latter's retirement, is a native of Ohio. He was born at Massillon, February 10, 1843, son of Charles Ricks and Regina Marguerite LaPierre. His paternal lineage is German and his father lived in the fatherland (Prussia) until he arrived at man's estate. His grandfather, a man of large wealth, was engaged in the carrying trade when Napoleon's army confiscated his horses and wagons, together with all movable property, in 1813, leaving him poor. Judge Ricks attended the public and high schools of Massillon, and matriculated at Kenyon College in 1861. The martial spirit led him from the college to the army in 1862, with a lieutenant's commission. On account of his youth and inexpe- rience he declined the captaincy of his company, which was tendered. He served during the war, in the campaign of East Tennessee under General Burnside; on the staff of General Milo S. Hascall in the Atlanta campaign; on the staff of General J. D. Cox, with the rank of captain, in North Carolina in 1865. On returning home he took up the study of law in Mansfield, but in a few months went south and resumed his studies in the office of Judge Baxter at Knoxville, Tennessee, until 1870, when Mr. Ricks became editor and proprietor of the Knoxville Chronicle', a daily newspaper, of which he retained possession five years. In 1875 he settled in Massillon, forming a law partner- ship with Judge Anson Pease. Three years later he was appointed clerk of the United States Court for the Northern District of Ohio, and while clerk acted as master in chancery by appointment of Judge Welker. Numerous cases, especially relating to railroads, were referred to him as master, in which his opinions, when reviewed, were almost uniformly sustained by the Supreme BENCH AND BAR OF OHIO. 39 Court. On account of his general ability as a lawyer and his fine powers of analysis and capacity for ascertaining the equities in a case, and his unim- peachable integrity, he was appointed district judge by President Harrison. Judge Ricks has performed his judicial duties with efficiency, except at such times as the state of his health rendered rest or a change of climate indispen- sable. He spent the winter of 1896-7 in California with some benefit. Judge Ricks is a broad-minded man of unusual mental force and capacity for reason- ing. For several years he delivered lectures in the course at Kenyon College on Common Law and Code Pleading. That institution has conferred upon him the honorary degree of LL. D. He possesses the elements of .personal popularity and is much esteemed by his friends in and outside of the Bar. Phiijp B. Swing was appointed for the Southern District March 13, 1871, and served until his death October 30, 1882. William White was appointed by the President and confirmed by the Senate to succeed Judge Swing, but owing to illness did not qualify and the vacancy was not filled until after his death in March, 1883, when Judge Sage was appointed. George R. Sage was born at Erie, Pennsylvania, August 24, 1828, the eldest son of Rev. O. N. and Elizabeth (Berry) Sage — the former a native of Vermont, and the latter of New York. His father, who died in 1884, was a retired Baptist minister. H is paternal ancestors came originally from Wales and settled in Connecticut about 1657. The ancestors of his mother, Elizabeth Berry, came over in the "Sarah Jane Fortune," the first vessel after the May- flower. His grandfather on his mother's side, Samuel Berry, a man of liberal education, was the first schoolmaster of Fredonia, New York. The family removed from Erie to Ohio in 1835, and in 1843 to Covington, Kentucky. They remained there until 1849, when they returned to Ohio, locating in Cincinnati, where they have since resided. Judge Sage was educated at Granville College, now Dennison University, Granville, Ohio, where he graduated in 1849. Before entering college he learned the printer's trade, and during his vacations throughout his college course employed his time in setting type in various printing offices. The year following his graduation he taught mathematics in the academy at Lebanon, Ohio, at the same time studying law. Returning to Cincinnati in 1850, he continued his legal studies under the supervision of Hon- orable Alphonso Taft, father of Judge William H. Taft of the United States Circuit Court. In the fall of 1850 he entered the Cincinnati Law School, where he was a classmate of the late Oliver P. Morton of Indiana. He was admitted to practice at Frankfort, Kentucky, in June, 1852, and on the same day argued his first case in the Court of Appeals of Kentucky. The case involved the control of the property of the Western Theological Institute, of Covington, Kentucky? - , then worth $400,000, and turned upon questions of constitutional law. Charles K. Morehead and M. M. Benton were the leading counsel with him, and Attorney-General Harlan, father of Justice Harlan of the Supreme Court of the United States, and Senator Morehead of Covington, the opposing counsel. Judge Sage received $500, his first fee, for his argument in that case. 40 BENCH AND BAR OF OHIO. He was then twenty-four years of age. In November, 1852, he was admitted to practice at Cincinnati, and in February,' 1854, became a member of the law firm of King, Anderson & Sage. In 1857 he entered into partnership with Honorable Thomas Corwin, whose daughter, Eva A., he married in 1855. In 1858 the firm removed from Cincinnati to Lebanon, Ohio, where they were engaged in practice until Governor Corwin's death in December, 1865, Gov- ernor Corwin, however, being absent from Lebanon most of the time. Judge Sage returned to Cincinnati January 1. 1866p and soon secured a large, and lucrative practice in important cases. In 1867 the law firm of Sage & Hinkle was formed, which continued up to Judge Sage's appointment to his. present position by President Arthur, March 21, 18S3. Prior to accepting this exalted position, Judge Sage held but one- public office, that of prosecuting attorney of Warren county, Ohio, which he filled for six years. He had been repeatedly urged to become a candidate for Congress in the Warren dis- trict, but always declined. Judge White, who was appointed to succeed United States District Judge Swing, died in March, 1883, without having qualified as judge. Judge Sage was by President Arthur appointed his successor as United States District Judge for Southern Ohio, and took his seat on the Bench April 7, 1883, the anniversary of the battle of Shiloh. What was known as the iron-clad oath was administered to him by United States District Judge Hammond of Memphis, Tennessee, who was then hold- ing court at Cincinnati under designation, and who at that battle fought on the rebel side. The affirmation of the oath is that the affiant had never volunta- rily borne arms against the United States since he had been a citizen thereof, that he had not voluntarily given aid, countenance or encouragement to per- sons engaged in armed hostility thereto, nor sought or expected or attempted to exercise the functions-of any office whatever under any authority or pre- tended authority in hostility to the United States, and that he had not yielded a voluntary support to any pretended government, authority, power or Con- stitution within the United States hostile or inimical thereto. Judge Hammond, when he was qualified under his appointment by President Hayes, took the special oath provided for those who had participated in the Rebellion. When Lord Coleridge visited Cincinnati, in making a tour of the United States, the fact that the local Federal judge had been sworn in by a Federal judge who was an ex-Confederate, and that the latter had administered the iron-clad oath, was stated to him, and his comment was, that such a thing could not have occurred under any government on the face of the earth, except the govern- ment of the United States. While at the Bar, Judge Sage was employed m a very large number of important cases and was counsel in the only three cases wherein the trial proceedings were reported throughout in the daily press. Two of these, the case of the Irish Filibusters and the Bible case, were of national interest. Shortly before his appointment, Governor Foster tendered him a position on the Supreme Bench of Ohio, to fill the vacancy occasioned by the resignation of Judge Longworth, but he declined the offer. He has two children, a daughter Caroline, the wife of Captain J. M. Burns, U. S. A., and BENCH AND BAR OF OHIO. 41 one son Corwm, who is connected with the C. C. C. & St. L. Railroad, at Cin- cinnati. Judge Sage is a close student and an untiring worker ; he is quick to grasp the controlling points in the case before him and limits counsel and wit- nesses to the questions involved, thereby dispatching the business of his court with great rapidity. He was, while at the Bar, noted for his remarkably effective cross examination of witnesses; on the Bench the same intuitive knowledge of human motives and emotions makes him especially strong as a nisi prius judge. Availing himself of the practice of the Federal courts, he charges the jury with great thoroughness, both as to the law and the facts, and his statements of controverted points are marvellously simple and fair. His decisions are written in a literary style at once incisive, polished and pure. As expositions of law they campare favorably with those of any judge in the Federal judiciary. He combines culture that comes from many years' study in all fields of knowledge, and the maturity of intellect that is gained by long experience at Bench and Bar and by contact with men of prominence of sev- eral generations past, with a fund of anecdote and information that is within the reach of few living men. REPORTERS OE THE SUPREME COURT. BY E. O. HAND ALL. The court reportorial system took its origin in England, and can be traced back to the Norman Conquest, from which it continued, in. a more or less irregular and indifferent form, till the days of Elizabeth's illustrious reign, when Plowden's published reports (1550-1580) raised the office of court reporter to high legal dignity and great literary luster. Plowden was fol- lowed , by the distinguished Coke, whose reports are among his most preten- tious and valued legal work, and drew forth from his great rival Francis Bacon this tribute: 4> To give every man his due, had it not been for Sir Edward Coke's Reports, the law, by this time, had been almost like a ship without ballast ; for that the cases of modern experience are fled from those that are adjudged and ruled in former times." Subsequent to the adoption of the first Constitution of Ohio (November, 1802) the first enactment organizing the judicial courts of the State was passed April 15, 1803. (Vol. 1 O. L., 35.) This original act was amended from time to time until February 23, 1816, when, for the first time in the State legislation, recognition was made of the necessity, on the part of the Supreme Court, for putting in permanent form and properly preserving its opinions accompanying its decisions. That law was as follows: "* * * * It shall be the duty of the court to reduce the reasons of their judgment to writing and cause the same to be filed with the other papers of such cause, and if it should happen that the judges of said court should differ in opinion, then the dissenting judge shall also reduce the reasons of his opinion to writing, and the same shall be filed as aforesaid." (14 O. L., 310.) The provisions of this act were doubtless complied with, but the reports filed by the court are no longer extant. They were probably relegated to the garret of the clerk's office, where they made unequal struggles " 'gainst the tooth of time, and razure of oblivion." January 20, 1823, the legislature amended the last act and provided : " Section 6. That the said judges shall appoint a reporter, who shall report all decisions made at said sessions in Columbus, and such other important decisions as he may be directed by said judges to report, and cause the same to be pub- lished as soon as may conveniently be done after such session." (21 O. L., 9.) After the adoption of the new Constitution (1851) the General Assembly enacted— Section 8, Chapter 32 (S. & C, 379) : " The Supreme Court shall appoint a reporter, whose term of office shall continue three years; whose duty it shall be to attend the sessions of said court, and to report under the 42 BENCH AND BAR OK Oil 10. 43 directions of the court its decisions, together with such other decisions as the court may direct him to report, and to cause the same to be published as soon as may be conveniently done. Provided, that no arguments of counsel shall be published with said reports other than a brief containing a reference to the points made and authorities cited, and relied on by such counsel, unless specially directed by the court.' 1 etc. (50 O. L., 68.) April 14, 1854, (52 O. L., 41) an act was passed "regulating the publica- tions of the Ohio Reports," and providing that in lieu of the salan? heretofore accorded the reporter, he should have the right of personally publishing the court reports, and be entitled to the emoluments to be derived therefrom. April 11, 1865, (62 O. L., 119) the General Assembly further amended the last previous act, establishing further requirements as to manner and method of the publication of the reports of the reporter. April 23, 1872, (69 O. L., 99) the legislature repealed the previous acts ; established a definite annual salary for the reporter, and placed the letting of the contract for the publication of the reports in the hands of the Secretary of State, who was to direct their distribution and sale. This act was further amended as to distribution and publication, May 1, 1871 (68 O. L., 109). February 2, 1893, (90 O. L., 21) further provision was made as to the appointment of the reporter ; his bond ; salary and term of service. May 21, 1894,(91 O. L., 419) the General Assembly by enactment took the publication of the reports out of the office of the Secretary of State and placed the letting of the contract in the charge of the reporter, and provided that the publisher should have the control of the distribution and sale of the reports at a stipulated maximum price. The reporter has no pecuniary interest in the publication. That vests entirely with the publisher. The same General Assembly, May 19, (91 O. L . 341) still further provided for the com- pensation of the reporter because of the additional labor of publishing in the reports, as decreed by rule of the court, not only the opinions, but the memo- randa of the unreported cases. Under the present legislation, therefore, the reporter is appointed by the judges of the court for a term not to exceed three years, at a stipulated salary ^ with contingent fees regulated by the number of decisions handed down by the court. The reports are published as a private enterprise by the publisher, upon a contract made with the reporter, form and style of the volume and retail price to the public being determined by statute. Since the creation of the office fourteen different appointees, including the present incumbent, have discharged the duties of reporter for the court. Among them were lawyers whose names have taken high rank, not only in the legal profession of the State, but of the country. Brief sketches of these reporters herewith follow in the order of their appointment. Charles Hammond, born September 19, 1779, near Baltimore, Maryland. His parents, George and Elizabeth (Wells) Hammond were well to do farmers and people of culture, and personally assisted in the early instruction of their son, who, as a boy, became accomplished as a classical student, retaining his 44: BENCH AND EAR OF OHIO. familiarity with Greek and Latin throughout his life. The family removed from Maryland to Virginia in 1785, locating at Wellsburg, Brooke county, where, in 1800, Charles entered the law office of Phillip Doddridge, one of the most distinguished lawyers of Yirginia. Charles was admitted to the Bar at the General Court, sitting at Marietta, Ohio, in 1803. In the same year he was married to Sarah Tillingharst, and settled in Wheeling, Yirginia. In 1810 he moved to St. Clairsville, Belmont county, Ohio. Previous to the admission of Ohio as a State, violent attacks were made upon the life and character of the territorial governor. St. Clair, because of his pronounced views as a Fed- eralist and advocacy of a strong government, and the alleged assumption of extreme authority. Mr. Hammond, then in Wheeling, wrote a series of let- ters to the Scioto Gazette, published at Chillicothe, Ohio, defending the gov- ernor with great spirit and talent. Those letters made Mr. Hammond famous as a vigorous thinker, polished writer, and intrepid advocate. In 1812 he began, at St. Clairsville, the publication of the Ohio Federalist, which he con- tinued till 1818. This made him the leader of the Federal party in the West. In 1813 he was elected, from Belmont county, to the Ohio State Senate, serv- ing in the 12th and 13th general assemblies. In 1816 he was elected to the Ohio House of Representatives, and served in the 15th, 16th, 17th and 19th gen- eral assemblies till 1822. During this time he made a revision of the laws of Ohio, and was the author of many leading acts, especially those regulating the course of descents, distribution of personal estates, chancery proceedings, etc. In 1822 he removed to Cincinnati, which was thereafter his home. In 1821 he was made the first appointee to the office of reporter of the Supreme Court, which office he held till his death in Cincinnati, April 3, 1840. He edited the first nine volumes of the Ohio Reports, and they are monuments to his legal lore and literary acquirements. During all these years he was busy with his law practice, which often called him to Washington, and the pursuit of his profession as a journalist, in which he became equally distinguished. He was the author of the political essays signed "Hampden" in the Na- tional Intelligencer (1820), upon the Constitution, which letters were highly complimented by President Jefferson. In 1823 he became an editorial writer on the Cincinnati Gazette, and his pen was the chief power in that organ till the great destroyer hushed his voice. As a lawyer and editor he was equally prominent, and his influence in the public measures and political movements of his time was second to none of the great leaders in the West. As a constitutional lawyer he had no superior in the State and but few, if any, equals in the country. Mr. Hammond possessed natural talent of the very highest order, and he has been not improperly regarded as the Alexander Hamilton of the West. In 1819 arose the celebrated case of the State Auditor of Ohio against the United States Bank (9 Wheaton 738). Henry Chvv repre- sented the Government and Charles Hammond the State of Ohio. It was argued in the United States Supreme Court in February, 1824, and was a battle of legal giants. Mr. Hammond's reputation was already great, but this case placed him in the highest rank, although the decision of the Supreme Court \ BENCH AND BAR OF OHIO. 45 was against him. His argument was a masterpiece, admirable in temper, per- fect in logical construction, comprehensive in its grasp of principles, original^ and as a specimen of English composition will challenge comparison with any- thing emanating from the most eminent of the legal profession. Mr. Ham- mond's review of the opinion of Chief Justice Marshall in this case, says high authority, was perhaps never excelled by even the great constitutional lawyer of Boston." Mr. Hammond's last argument before the United States Circuit Court at Columbus (1838) was declared by Justice McLean, presiding on the Bench, to be one of the most happy and successful efforts of a great and powerful mind he had ever heard. Toward the close of his administration, President Adams tendered Henry Clay a position on the United States Supreme Bench. Mr. Clay declined, and the appointment was tendered Mr. Hammond, but he refused to accept the high honor. Mr. Hammond enjoyed the friendship and intimacy and often full confidence of the leading men of his time — Jefferson, Adams, Clay, Crawford, Marshall, Webster, Jackson, Birney, Harrison ; and others in letters and public utterances acknowledged their appreciation of his noble character and transcendent talents. Lieutenant Governor Greene, of Rhode Island, relates that in a conversation with Chief Justice Marshall, the latter " spoke of Mr. Hammond's remarkable acuteness and accuracy of mind, and referred with emphatic admiration to his argument before the Supreme Court in the bank case. He said that he had met no judicial record of equal intellectual power since Lord Hard wick's time." Mr. Hammond's opposition to slavery and its influence on the government was firm, consistent and powerful. Probably no public writer did more to form a just and reasonable anti-slavery sentiment. He induced the Ohio Legislature, in 1820, to adopt his views and to declare that the existence of slavery had ever been deemed a great moral and political evil, that its tendency was to impair our national character and naturally affect our national happiness. (18 O. L., 147.) Mr. Hammond's writings are unsurpassed for clearness, completeness, brevity and beauty. In elegance and simplicity they compare favorably with the best of the English essayists. ''For over forty years," writes one who knewhim well, " Charles Hammond was one of the Republic's ablest, most unselfish and most faithful sons, and a witness to the spirit and principles of government as established by the fathers." Phlnehas Bacon Wilcox, born September 26, 1798, atWestfield, Connect- icut. The only son of Seth Wilcox and Molly Bacon. Both parents were [ descendants of Saxon ancestry, the first emigrants in the family to this country settling in the Massachusetts colony about the year 1675. Phinehas during his early boyhood lived and worked upon his father's farm, obtaining such education as his meager opportunities afforded. At the age of sixteen he attended the academy at Cheshire, Connecticut, and the academy at Middlebury, Vermont. At these excellent preparatory schools he was fitted for Yale College, from which he was graduated at the age of twenty-three. Shortly after graduation he married Sarah D. Andrews of Wallingford,, Connecticut, and the new couple started, on their bridal trip, to the then far 46 BENCH AND BAU OF OHIO. distant wilderness of the "Ohio country," finally locating in the new town of Columbus, on the "Waters of the Scioto," where his father owned land, and where they arrived in the fall of 1821. Columbus never ceased to be his home. He immediately began the study of law in the office of Judge Orris Parish, and was admitted to the Bar in 1824, and at once commenced the practice of his profession, his legal forum then being the old red brick court house in Franklinton. His natural abilit} r , studious habits, superior education and unswerving integrity at once raised him to the front rank of his contemporary practitioners. He rapidly acquired a large practice in Franklin, Madison and Delaware counties. He soon became prominent as a "land lawyer," having mastered all the intricacies of the Virginia Military Land titles, that per- petual source of litigation in those days. He was also distinguished as a chancer} 7 lawyer, which practice he preferred. He was a master of common law pleadings, being familiar with all the subtleties of the old English special pleas, and a constant student of English common law. In 1833 he published a work on " Ohio Forms and Practice," which became at once standard authority on those subjects. He published an enlarged and revised edition in 1848. This book was the standard on law and equity practice and pleading, both in the State and the United States courts, until the adoption of the code of civil procedure in 1853, and was in universal use by judges, lawyers and clerks in this and other States under the old practice. In 1849, when the matter of a new Constitution and code was contemplated, he published a pamphlet entitled "Tracts on Law Reform," with a view of molding public opinion against the proposed changes in our law system. His motto was, " We know already the worst of what is — we know not the worst of what may be." Like many lawyers of the old school, he could not abide the new code; but, upon its adoption, adjusted himself to the new order of things, and in 1862 published bis " Practical Forms Under the Code of Civil Procedure." He was elected prosecuting attorney for Franklin county for the years 1834 to 1836. He was reporter of the Supreme Court of Ohio for the year 1840, reporting the tenth volume of the Ohio Reports, and his copious and scholarly notes to some of the cases therein give indisputable evidence of his wide knowledge of the law. general scholarship and remarkable accuracy and terse- ness of statement. So high did he stand in the confidence of the court, that it not infrequently happened that after deciding some difficult question, the court in handing its opinion to the reporter would say, "We have decided so and so in this case, and depend upon you to give the reasons." His note upon assurances of title, in the case of Foote vs. 'Bennet, 10 Ohio, 317, has been considered one of the ablest and clearest expositions of that abstruse subject, at that time not well understood by even good lawyers, and it received a high encomium from Chancellor Kent. Mr. Wilcox was United States commissioner for the district of Ohio for many years, but he resigned this office in 1858 rather than be made the instrument of re- manding a fugitive slave to bondage. For though he had nothing to do with politics as such, he was a staunch Whig, with a leaning toward the old BENCH AND BAR OF OHIO. 47 Federal doctrines, and afterwards a decided Kepublican. Upon the breaking out of the Rebellion in 1861, he was much disturbed as to the ultimate result upon our institutions. Never doubting that the North would conquer, he believed that the greatest perils would then arise, having little faith in the loyalty of the South to our Federal government thereafter. After a long investigation on the subject, from Magna Charta down, he settled upon cer- tain principles which he embodied in a brief, and sent, in 1862, to his friend Edwin Stanton, then secretary of war. It was a remarkable, pathetic docu- ment. Mr. Wilcox was famous as a student and a scholar, conspicuous for his culture in history and literature, and especially the classics, his knowledge of which he kept through life. His Jaw library was very large and varied, and the reports of the English cases were his delight and pastime. For many years it was the only library of any consequence in the West, and was con- stantly resorted to, both by lawyers and judges, whom he was always ready to assist. The library at his residence was often the scene of interesting and learned discussions, intermitted with rare wit and humor, when Ewing, Stan- bery, Hunter, Goddard, Lane, Swayne and others of his " brothers" met there. Mr. Wilcox % was a man of deep and sincere religious convictions, maintaining through life the principles instilled into his mind by a most excellent and sensi- ble mother, who trained him in the strict views of the Puritans of New Eng- land. It was once said of Mr. Wilcox by Judge Bennet, that he lived upon Coke and the Bible. A distinguished legal friend in Cincinnati, upon hearing of Mr. Wilcox's profession of religion, wrote him: "So you have become a Christian? I had thought that a business man could find something- better to do. Let me have your reasons." To this Mr. Wilcox replied by writing an essay, afterwards published by the American Tract Society, and styled "A Few Thoughts," wherein he set forth, in simple and forcible language, the cardinal truths of the gospel, and the reasons for the faith they inspired. Mr. Wilcox's character was once well summed up by one who knew him, as fol- lows: "He was a man of high character and personal integrity, of great benevolence and charity, a fine type of a conscientious Christian lawyer, attending with great diligence and fidelity to the cases of his clients, when, in his opinion, they had a just cause, but discouraging litigation, for the mere sake of litigation or procrastination, and utterly refusing to lend himself or his great legal attainments to any unjust cause, however large the fees or tempt- ing the glory." Mr. Wilcox died on March 25, 1863, at Columbus, Ohio. The late General James A. Wilcox was his son, and Anna Maria, wife of Robert Ellis, his only daughter. Edwin M. Stanton, LL. D., was born at Steubenville, Ohio, Decem- ber 19, 1814. He was of Quaker descent, and his ancestors, who were members of the Society of Friends, emigrated from Rhode Island to North Caro- lina about 1750. His grandmother, Abigail Macy, was a descendant of Thomas Macy, the first settler of Nantucket, whose flight as a result of giving shelter to a pursued Quaker was made the subject 'of a fine poem b}^ John G. Whit- tier ("The Exiles"). His father, David Stanton, and mother, Lucy Norman, 48 BENCH AND BAR OF OHIO. moved from Virginia to Steubenville a few years before the birth of Edwin. Here David Stanton, the father, was a physician. At the age of thirteen Edwin, obliged to contribute to his own support, became a clerk in the book- store of James Turnbull, where he remained some two or three years, study- in o- during his leisure hours as best he could, and in 1831 he entered Kenvon College, completing the course through the Junior year, when necessity com- pelled him to seek employment, and he went to Columbus and sought a clerk- ship in a bookstore, but returned in a few months to Steubenville and began the study of the law with his guardian, David L. Collier. He was admitted to the Bar in 1835 and opened an office and began practice in Cadiz, Harrison county. He at once exhibited every qualification of a successful lawyer, and shortly after commencing the practice he was elected prosecuting attorney of Harrison county. At the close of his term of office he removed to Steuben- ville, resuming practice at that place. In 1842 he was appointed reporter of the Supreme Court of the State. He prepared and published the reports of cases argued and determined in the Supreme Court of the State of Ohio for the years 1841 and 1844 inclusive, being volumes 11, 12 and 13, Ohio Reports. In 1847 he removed to Pittsburgh, Pennsylvania, forming a partnership with Honorable Charles Shaler, but also kept an office in Steubenville for nine years thereafter. His first Steubenville partner was Judge Benjamin Tappan, who edited and published a volume of the " Cases decided in the Courts of Common Pleas -in the Fifth Circuit of the State of Ohio; commencing with the May Term, 1816." Mr. Stanton's second Steubenville partner was Colonel George W. McCook, Supreme Court reporter in 1852. In 1856 he removed to Washington, D. C. During his residence in Pittsburgh he acquired a large practice and won an inter-state reputation as a scholarly, talented and energetic lawyer. This experience and reputation, carried with him to Washington City, at once gave him great prominence among the foremost practitioners at the National capital. Mr. Stanton took part in many of the leading cases before the United States Supreme Court, often acting as counsel for the government in important land and intricate patent cases. He was associate counsel (1859) in the famous trial of Daniel E. Sickles for the murder of Philip Barton Key. Mr. Stanton had been a Democrat from his early days and had at this time become a prominent figure in the counsels of his party. In December, 1860, James Buchanan appointed him attorney-general of the United States. Upon taking the oath of office he said to a friend, "I have taken the oath to support the Constitution of my country; that oath I intend to keep both in letter and spirit." Ably did he keep his pledge amid the ensuing treasons and perils that threatened the Union. In November, 1860, believing that the menacing language of the Southern press, immediately fol- lowing the election of President Lincoln, betokened secession and the design to destroy the Federal government, Mr. Stanton boldly and vigorously advised President Buchanan to incorporate into his last message to Congress the doc- trine that the Federal government had the power and that it was its duty to coerce the seceding States. In the cabinet Mr. Stanton constantly and BENCH AND BAR OF OHIO 49 earnestly advocated swift and decisive action, denouncing the dangerous and disloyal temporizing spirit manifested by the other members, but, except himself and one other, Buchanan's cabinet was composed of men who favored secession, while Buchanan himself was too timid and irresolute to assert in any manner doctrines offensive to] his official family. Mr. Stanton retired from the Cabinet with the close of Mr. Buchanan's administration and resumed the practice of his profession. In January, 1862, it having become evident to President Lincoln that Simon Cameron should be as- signed to some other position than that of secretary of war, the Presi- dent, notwithstanding the most resolute opposition of Montgomery Blair,, appointed Mr. Stanton secretary of war. Here he was in a position where his genius and almost boundless energy had full play. He immediately en- gaged in a thorough examination of the number and position of the United States forces, and submitted to the Senate military committee the result of his prompt and exhaustive labor and researches. He proposed to bring together and consolidate the more than one hundred and fifty regiments of Union troops dispersed throughout the northern, eastern and western States', Congress accepted and carried out his plans. It is unnecessary, and indeed the space of this sketch would not permit a full or just account of the services to his country through this period of Edwin M. Stanton, our nation's greatest secretary of war. The events through which he passed and of which he was one of the most important and influential directors are matters of complete record and common knowledge. Mr. Stanton's efforts were indefatigable ; he used little time for rest, never seemed weary, and many of the greatest move- ments in that tremendous struggle were made under his personal dictation. To his untiring energy, keen intellect and profound sagacity, is due in no small degree the result of that conflict. He enjoyed the most cordial personal friendship of President Lincoln to the time of the latter's assassination in 1865. Upon Andrew Johnson's accession to the Presidency, Mr. Stanton was requested to continue in charge of the war department. He differed with the President, however, with regard to the reconstruction acts and other important questions in the policy of the Executive. Mr. Stanton supported the position of the Republican party, which had a majority in Congress. Matters at length reached such a pass that on the 5th of August, 1867, Mr. Johnson requested his resignation on the ground of " public considerations of a high character," to which Mr. Stanton replied that "public considerations of a high character which alone had induced him to remain at the head of this- department constrained him not to resign before the next meeting of Con- gress." He could not be removed under the tenure of office act, but on August 12th the President issued an order for his suspension, and he obeyed it under protest, General Grant being appointed secretary of war ad interim . The Senate refused to sustain the President in the removal of Mr. Stan- ton, and on January 13, 1868, reinstated him in office. Mr. Johnson re- newed the conflict by appointing General Lorenzo Thomas secretary of war ad interim, but Mr. Stanton held the fort and refused to vacate, staying 50 BENCH AND BAR OF OHIO. in his office day and night. The proceedings in impeachment of the President followed, and on the failure to impeach Mr. Johnson, on May 26 Mr. Stanton resigned. The Senate in confirming his successor adopted a resolution that Mr. Stanton was not legally removed, but relinquished his office, and subse- quently Congress passed him a vote of thanks for the great ability, purity and fidelity with which he had discharged his duties. Although Mr. Stanton's constitution was broken down by the tremendous strain which his efforts during the war had imposed on it, yet his circumstances compelled him to renew the practice of his profession — indisputable evidence of his honesty and integrity while holding public office. On December 20, 1869, he was appointed by President Grant, associate justice of the Supreme Court of the United States, and was immediately confirmed by the Senate, but he was never to take his seat, for he died on December 24, before his commission to that high office was made out. Mr. Stanton was married on the 21st day of December, 1836, to Miss Mary A. Lamson, daughter of William Lamson, formerly of Connecticut. The marriage occurred at Columbus, Ohio, at the residence of Rev. William Preston of Trinity Church, Mrs. Preston being the oldest sister of the bride. Mary Stanton died on the 13th of March, 1844. Mr. Stanton married in June, 1856, Miss Ellen A. Hutchison, daughter of Lewis Hutchison of Pittsburgh, Pennsylvania, at which place he was then residing. Mr. Stanton left his widow and children in comparatively destitute circumstances. A testi- monial fund of $100,000 to repair the losses occasioned by the complete abne- gation of his private interests during the period of his secretarj'ship was by him refused in the firmest manner. Subsequent to his death, however, the amount was contributed for the benefit of his family. Hiram Geiswold was the son of Roswell and Jerusha Griswold. The family was of English descent, and upon its arrival in this country settled in Connecticut. Hiram was born at Colebrook, Litchfield county, Connecticut, July 5, 1807. His father was in moderate circumstances, with a farm situated among the rocks and hills of New England. Hiram was the third child in a family of twelve children, to no one of whom was the father able to give special advantages of education. Hiram was a striking example of a self- made man. He gained what education he could by winter's schooling in the district schools, in which he showed great aptitude as a scholar. At the age of eighteen he decided to push out into the world for himself, and obtained his father's permission to leave home. After teaching school for a few months in the State of New York, he followed the emigration West and located in Ravenna, Ohio, where he supported himself by teaching school. He gradu- ated from Western Reserve College, Hudson, Ohio. He resolved upon the study of law, and while still teaching began his legal studies at Ravenna and later completed the same under the fortunate guidance of Honorable Yan R. Humphrey, of Hudson, Ohio. He was admitted to the Bar at Bucvrus, Craw- ford county, in 1829, and shortly thereafter began the practice at Canton, Ohio, where he opened an office, and where he remained for twenty-two years. His unusual ability and excellent mental training enabled him to make / BENCH AND BAR OF OHIO 51 rapid progress in his profession, and he soon took a most prominent place at the Bar of Stark county. Mr. Griswold was a man possessed of sterling quali- ties of character and popular manner and address. On the stump no stronger man stood before the people of Ohio. With a strong courage, clearness of conviction, with a happy gift of language, with a commanding presence and an earnest and forcible delivery, he was upon the platform one of the first and finest representatives of the principles of the Whig party in the West. He was frequently urged during his residence in Canton to accept public office, even being offered the nomination to Congress from his district, but he refused political preferment, desiring to build up, as he did, a large and successful practice. In 1846, while a resident and practitioner of Stark county, he was appointed reporter of the Supreme Court to succeed Edwin McMaster Stanton. Mr. Griswold served in this office for five years, to and including 1851, report- ing volumes 14 to 19 inclusive, Ohio Reports. He was an able court reporter, painstaking and very popular with members of the Bar. Under his adminis- tration the reports became more voluminous, owing to the rapid increase of lit- igation attendant upon the growth of population in that, prosperous decade. In 1851 he was nominated by the Whigs of the Ohio Legislature as their can- didate for United States senator. Among his opponents for that position were Thomas Ewirig, Samuel F. Yinton, Judge Lane, Attorney-General Stanbery, Judge Johnson and Charles Anderson ; but the Whigs had not a clear majority, and after some eighteen ballots, during which Mr. Griswold came within two votes of election, the Whigs, perceiving that no election was possible except by a coalition with the Free-soilers, withdrew with his consent the name of Mr. Griswold. Thereupon, after several names had been presented and rejected, Benjamin Wade, of Ashtabula county, was brought forward and elected. In the year 1852, shortly after his retirement from the reporter's office, in order to have a wider field for his legal practice, Mr. Griswold removed from Canton to Cleveland, where he entered into a partnership with M. S. Castle, and in which city, for twelve years, he maintained the unques- tioned position of one of the foremost leaders of the Bar. In the fall of 1855 he was elected a member of the State Senate from Cuyahoga county, serving in the 52nd (1856-1858) General Assembly with such distinguished colleagues as Stanley Matthews, Hezekiah S. Bundy, Alfred Kelly', William Lawrence, Ralph P. Buckland and John T. Brasee. While Mr. Griswold was a resident of Cleveland, there occurred at Harper's Ferry that momentous event known as John Brown's Insurrection, October, 1859. The details of that tragic incident are familiar history. In that hour of John Brown's solitary danger, Hiram Griswold volunteered his services in defense of the Abolition hero. He participated in the trial as one of Mr. Brown's legal counsel, and dared to stand by his martyred friend to the last. With the name of John Brown that of Hiram Griswold will go down through history. It was natural that a man with such strong and intense convictions should feel a deep interest in Kansas. He longed to cast his fortunes with those of this young, liberty-loving State. Finally, in 1863, he yielded to this desire and removed to Leavenworth, Kan- 52 BENCH AND BAR OP OHIO. sas, where he resided till the day of his death, October 11, 1881. During his residence in Kansas he maintained the same high position at the Bar that he had held in Ohio. He was elected attorney-general of Kansas in 1864, and served one term. Immediately after the passage of the bankrupt act he was appointed, by Chief Justice Chase, register of bankruptcy for the State of Kansas, which position he filled until the repeal of the act. In 1832 he mar- ried Miss Eleanor Gordon, daughter of John' Gordon, of Pittsburg, Pa. She died some four years after their removal to Leavenworth. Three years before- his death he married Mary J. Chisholm of Bath, N". Y. This widow is now living in Leavenworth, Kansas. A sister, Mrs. "William S. Phillips, resides at West Winsted, Connecticut, and a brother, Edward K. Griswold, at Cleve- land, Ohio. William Lawrence, A. M., LL. D. He was born at Mount Pleasant, Ohio, June 26, 1819; graduated at Franklin College, September, 1838, with the highest honors of his class. Graduated at Cincinnati Law School, March, 1840, and admitted to the Bar in November of the same year, and has been engaged in the active practice of his profession ever since, excepting when his official duties prevented. As a lawyer, Mr. Lawrence has taken high rank, his clientage being scattered over many States. His name appears as counsel in many volumes of the Ohio and the Ohio State Reports, and in the reports of the Supreme Court of Kansas and of the United States. From July 15, 1841, to July 15, 1843, he was the law partner of Benjamin Stanton, afterwards member of Congress and lieutenant governor of Ohio. From July, 1851, to February, 1854, he was a law partner with his law student, William H. West, afterward attorney-general of Ohio and judge of the Supreme Court. From April, 1866, to August, 1871, he was the law partner of Emanuel J. Howen- stein, and later a partner with his son Joseph H. Lawrence. The political career of Mr. Lawrence has been most conspicuous and creditable. He was elected prosecuting attorney of Logan county for the year 1845-46. He Avas a member of the Ohio House of Representatives 1846-48 ; member of the Ohio Senate 1849, '50 and '54. During his legislative service he was the author of and caused to be enacted, among many other important measures, the Ohio Free Banking Law, from which the National Banking Act was largely modeled. He was Whig candidate for Presidential elector, 1852 ; was judge of the Common Pleas and District Courts in Ohio, 1857 to 1864; editor of the Cleveland Western Law Monthly, 1861 to 1864. In 1862 he was colonel of the Eighty-fourth Ohio Volunteer Infantry, engaging in active service in the State of Maryland; in 1863 was appointed by President Lincoln district judge in Florida, but declined the office ; was elected representative to Congress from his district in 1864, and served continuously in that body by virtue of re-elec- tions for ten years. He was one of the counsel selected by the Republicans in Congress, under the act of January 29, 1877, and argued in favor of the claims of the Republican Presidential electors for Oregon and South Carolina, before the Hayes-Tilden "Electoral Commission," and the records of that memorable contest show with what learning and ability Mr. Lawrence presented his argu- BENCH AND BAR OP OHIO. 53 ments. He was appointed first comptroller of the United Treasury Depart- ment, serving from July, 1880, to April, 1885. His published reports during that period are regarded as model financial and state documents. Mr. Lawrence's learning has not been confined to the field of his profession. Possessed of a mind as versatile as it is vigorous, he has been recognized by his speeches and publications as high authority in many departments of knowl- edge. He was a student of medicine and surgery from 1841 to 1843. and his medical education has been a valuable aid to him, not only in his legal pursuits, but in the practical affairs of a busy life. He was editor of the Logan Gazette from 1845-47 ; trustee of the Ohio Wesleyan University from July, 1878, to the present time. For many years Mr. Lawrence has been deeply interested in the agricultural interests of our country and State, and particularly in the subject of sheep raising, wool growing and the question of the tariff pertain- ing thereto. In January, 1891, he was elected president of the Ohio Wool Growers' Association, and by annual re-election has so continued ever since. In October, 1893, he was elected president of the National Wool Growers' Association and still retains that office. The New York Commercial Adver- tiser, November 30, 1895,'said : " He has made more speeches and written more newspaper articles on the wool tariff * * than any other citizen of the United States." April 9. 1896, Senator Mantle, in a speech in the United States Senate, said : " fie is beyond question the highest and best informed authority upon the wool question * * to be found in the country." Mr. Lawrence has been a prolific and scholarly writer in nearly all the depart- ments of study that have engaged his attention. His miscellaneous law articles in law journals, his speeches and pamphlets used as political campaign documents in Presidential and other elections, his judicial decisions and his miscellaneous addresses, if collected, would make several volumes, besides his speeches and reports in Congress. His printed briefs in law cases would in themselves constitute a large library, and embrace the discussion and elucida- * tion of nearly every principle of law. Many of these briefs are preserved in the government law library at Washington. He has been a frequent con- tributor to the leading law publications of the country, and has a ready famili- arity with more branches of the law than members of the profession generally possess. As lawyer and judge he has acquired a most thorough comprehension of both constitutional and common law. While serving in Congress, as a member of the judiciary committee, of the committee on the revision of the laws, and as chairman of the committee on war claims, be became unusually conversant with the Constitution and the laws of the United States and inter- national law, including the laws of war. And as first comptroller of the treasury he became versed in the national executive common law and in the construction of statutes. Several authors of law text-books have availed them- selves of Judge Lawrence's valuable assistance in the preparation of their works. Bishop in his works on " Statutory Crimes," and on " Criminal Law," has quoted with approval excerpts from the legal arguments of Judge Law- rence. Paschal in his annotated " Constitution," speaking of Judge Lawrence's 54 BENCH AND BAR OF OHIO. treatise on "'The Law of Impeachable Crimes," used in the impeachment of President Johnson, said : " In all that great trial there is no more accurate and precise learning than is to be found in the brief of authorities upon the law of impeachable crimes and misdemeanors, prepared by Honorable "William Lawrence, of Ohio, which was adopted by Mr. Butler." He was appointed reporter to the Ohio Supreme Court at the beginning of 1851 and served but one year. Although he edited but one volume, No. 20 and. last of the Ohio Reports, it is the most voluminous of all the Ohio and Ohio State Reports, and in the presentation of the cases, accompanjdng the opinions, Mr. Lawrence gave evidence of his legal learning and eminent qualifications for this office, which he so briefly held. Mr. Lawrence is still engaged in active practice, at his home, Bellefontaine, Ohio. George W. MoCook was a member of the famous family of Ohio known as the " Fighting McCooks," a family that has achieved a reputation both in mil- itary and civil life, and which will occupy a place in our country's history accorded but few. He was the son of Major Daniel McCook, and was born in Cannonsburg, Pennsylvania, July 21, 1822. When quite young his family removed to Columbiana county, Ohio, where they remained until George was nine years old, when the family removed to Carroll county. While living here he attended Franklin College, at New Athens, Ohio. At the close of his col- legiate year he studied law in the office of Edwin M. Stanton, and being ad- mitted to practice by the Supreme Court of the State, then sitting in Trumbull county, he became a partner with his preceptor, Mr. Stanton, in 1843. While pursuing his profession he also became active as a politician, and a prom- inent member of the Democratic party, taking an influential part in the affairs of that organization until his death. With the outbreak of the Mexican War a company of volunteers was formed in Steubenville, called " The Steubenville Grays." This company organized in May, 1846, by electing George W. McCook, then a rising young lawyer, as captain. On May 27th the company left for Camp Washington, at Cincinnati, where it became Company I of the Third Ohio Infantry. Captain McCook was promoted to the lieutenant colonelc} 7 , and a short time before the return of the regiment, Colonel McCook was placed in full command, Colonel Samuel P. Curtis, his predecessor, having been made inspector general. On July 3, 1846, the regiment proceeded to Cin- cinnati, New Orleans and thence to Texas, crossing the border at Fort Brown into Mexico, where they lay for six months at Camp McCook. From thence they proceeded to Matamoras, and soon after Lieutenant McCook, with three companies, was detailed to relieve Colonel Morgan's regiment at the front, which they accomplished after one of the hardest marches of the war. The regiment subsequently proceeded to Monterey and Buena Vista. They returned home and were mustered out on July 3, 1847. On his return to Steubenville, Colonel McCook resumed his partnership with Mr. Stanton, when, in 1852, he w,as appointed reporter of the Supreme Court of Ohio, but he served but one year, preparing the first volume of the Ohio State Reports under the new Con- stitution. In the fall of 1853 he was elected attorney-general of the State by BENCH AND BAR OF OHIO. 55 a large majority on the Democratic ticket, defeating both William H. Gibson, the Whig candidate, and Cooper K. Watson, the Free-soil candidate, and he served for the full term of two years, 1854-1856, but was defeated for re-elec- tion by his Republican opponent, Francis D. Kimball. Upon retiring from the office Colonel McCook resumed his law practice in Steubenville. A large part of Colonel McCook's practice was connected with the affairs of the Steu- benville and Indiana Railway Company, of which he was the attorney, and in 1859 he made a visit to Europe to make arrangements with the first mortgage bondholders of the road, in which he was successful. With the outbreak of the Rebellion, Colonel McCook was appointed by Governor Dennison one of the four officers to look after the interests of the Ohio troops. He took charge of the 126th Ohio Infantry, and in 1863 was made colonel of the 39th Ohio' National Guards, which afterwards became the 157th Ohio National Guards, and was part of the one hundred day troops engaged in guarding rebel pris- oners at Fort Delaware. They were mustered out in September, 1864, when the colonel returned to Steubenville. Colonel McCook was a leader in Dem- ocratic politics in Ohio, several times being chairman of the State delegation in their National conventions. He nominated John C. Breckenridge in the Cincinnati Convention of 1856, for Yice-President on the ticket with James. Buchanan, and at the New York Convention of 1868 he nominated Horatio Seymour for the Presidency. Colonel McCook was the Democratic candidate for governor of Ohio in 1871, defeating in the convention Thomas Ewing and' Durbin Ward. He was defeated at the polls by Edward F. Noyes, the Repul - lican candidate. During this campaign he was attacked by a disease of the brain, which compelled him to withdraw from the canvass, and after that he- took but little active part in politics, living quietly at his home in Steubenville. He made several trips to Europe in quest of health. He died in New York',. December 28, 1877, leaving three children, George W. McCook, Jr., Hettie 3L and Robert McCook. He married Miss Dick, an adopted daughter of the Rev-. C. C. Beatty, of Steubenville. Colonel George McCook was the second son,, the first being Latimer, who died in 1872, in the West. The other brothers, were General Alexander McDowell McCook, aid-de-camp of General Shei- man's staff ; General Robert McCook, assassinated by the rebels in Tennessee in 1863 ; General Daniel McCook, who fell in the front at Kenesaw Mountain.. 1864; General Edward McCook, assaulted by Wintermute in Yankton, Dakota ; Charles McCook, killed at the first battle of Bull's Run ; Captain John McCook. an attorney in New York City. There were also two or three sisters. Robert Bruce Warden was born at Bardstown, Nelson county, Ken- tucky, January 18, 1824. He was the son of Robert and Catherine Lew is. Warden. When about three years of age he with his parents went to Cincii - nati, Ohio, where the greater part of his life was spent. He was educated at the Atheneum, a Catholic College in Cincinnati. His education was irregular as to attendance at school. His father died when Robert was twelve years old. After his father's death he combined work with study. Being fond of his books, he was seldom without one in hand. It is told of him that he would 56 BENCH AND BAR OF OHIO. take with him his Latin grammar when sent to the baker's, and would find himself at the brink of the Ohio river, blocks beyond his destination, so absorbed was he in his book. He commenced the study of the law in Cincin- nati, in 1840, under the tuition of Judge Read, in the office of Morris & Rear- den. Afterward he had Judge Timothy Walker for his legal teacher. He became, at the age of seventeen, deputy clerk of the Court of Common Pleas of Hamilton county, Ohio. Two years later he was made clerk of that court with charge of the court house desk. This office he held until 1845, when, at the age of twenty-one years, he was admitted to the Bar. Early in 1850, having barely attained the legal age, he was elected by the legislature presi- dent judge of the Common Pleas Court, at Cincinnati. In 1851 he was elected by the people one of the co-equal judges of Court. In 1853 Judge "Warden was appointed reporter of the Supreme Court of Ohio. He prepared and issued volume 2 Ohio State Reports, and had begun the preparation of volume 3. when on December 9. 1854, he was appointed by Governor Medill to the Supreme Bench of Ohio, to fill the unexpired term of Judge John A. Corwin. Judge Warden served on the Bench until February 9, 1855, when he was suc- ceeded by Judge Joseph R. Swan, who had been regularly elected to the office the previous fall. Judge Warden was immediately reappointed reporter of the Court and issued volume 4. His practice in Ohio was extensive, his legal services having been engaged in cases on trial in various parts of the State. While he was presiding judge of the court in Cincinnati, he assigned Ruther- ford Burchard Hayes (later President of the United States), who had recently been admitted to the Bar, to his first important case, as counsel to defend Nancy Farrar (supposed to be insane), on trial for the crime of murder. Judge Warden removed to Washington City in January, 1873, being at that time engaged in writing his life of Chase. This biography was written at the request of Judge Chase, the then Chief Justice of the Supreme Court of the United States, who was an old and warm friend of Judge Warden. Judge Warden's legal practice in Washington, D. C, was chiefly before the Supreme Court of the United States and the United States Court of Claims. He also prosecuted several important matters in the Department of State and in the Treasury Department. In 1877, Judge Warden was appointed by President Hayes a member and attorney of the Board of Health of the District of Columbia. This Board was an important organization, upon which, by laws of Congress, were imposed duties of broad scope, involving the consideration of questions of great scientific importance and action for the protection of the health of the National Capital. Judge Warden continued a member and attorney of this Board until it was abolished by the law which provided a per- manent form of government for the District of Columbia by commissioners. Judge Warden did much writing for the press. Among his literary works were ''A Familiar Forensic View of Man and Law," written in Columbus, Ohio, in 1859; "A Voter's Version of the Life and Character of Stephen Arnold Douglas," written in Columbus, Ohio, 1860 ; "An Account of the Private Life and Public Services of Salmon Portland Chase," written in Wash- BENCH AND BAR OF OHIO. 57 ■angton in 1873, and published in Cincinnati in 1874 ; " The Law of Art," Washington, D. O, 1878, and many pamphlets. Another of his literary pro- ductions was a drama, entitled "Ardvoirlich," which was produced upon the stage of the old Columbus Atheneum. Judge Warden was a scholar of wide and varied attainments, with a brilliant and original mind, which turned easily from one subject to another, and adorned every topic that it touched. He was a most accomplished and graceful orator, equally eloquent and persuasive before a jury, upon the stump or on the lecture platform. He was also a prolific and polished writer and the author of many pamphlets of a political or literary nature, besides the more pretentious works named above. During the years 1857 to 1860, inclusive, Judge "Warden in connection with his brother, "William Wallace Warden, published and edited, in Cincinnati, Ohio, the Weekly Law Gazette. At the age of nineteen years he married Catherine E. Kerdolff, who died in Washington in 1884. Judge Warden survived his wife four years, his death occurring in Washington on December 3, 1888. He left two children and a niece (an adopted daughter), namely : Lucy A. Warden (now Mrs. Clifford Warden), and Charles G. Warden, both residing in Wash- ington, D. C, and Emma Becking (now Mrs. Atherton Thayer), of Wyoming, Hamilton county, Ohio. » James Haddock Smith was born November 6, 1822, in Georgetown, Brown county, Ohio. In that place he spent his youth and acquired his education, attending the schools of his native town. He early showed great predisposi- tion for scholarship and literary pursuits. He read law with Charles W. Blair, and upon his admission to the Bar became a partner of his preceptor, the firm being Blair & Smith. With Charles W. Blair he edited and published, in 1847, the Democratic Standard. In the same year Mr. Smith was elected a member from Brown county of the Forty-sixth (1847-1848) General Assembly and re-elected to the Forty-eighth (1848-1849). While a member of the Ohio House of Representatives he displayed great ability as a lawyer and legislator. _At the close of his service as representative he removed to Columbus, which always continued to be his home. In September, 1849, he was married to Louise Medary, daughter of Samuel Medary of Columbus the territorial gover- nor of Kansas by appointment of James Buchanan. Mr. Smith was associated •with his father-in-law as one of the owners of the Ohio Statesman, for many years the leading Democratic organ of the State, and during the absence of Governor Medary in Kansas, Mr. Smith was managing editor of the paper, and as such acquired a wide reputation as a fearless, vigorous and most polished and culti- vated writer. He was a man of great natural literary tastes. He possessed the most complete libran 7 of works of literature in the city, and his home was the center of the leading intellectual minds of the State. Upon the appointment of Robert B. Warden as a member of the Supreme 'Oourt, December 9, 1854, Mr. Smith was appointed to take the place of Mr. Warden as reporter. Mr. Warden had partially prepared volume 3. Ohio State Reports. Mr. Smith assumed the work as left by Mr. Warden, and his -duties as reporter were confined to the completion of the decisions found in 58 BENCH AND BAR OF ' OHIO. the third part of this volume, which appears under the joint names of Warden & Smith. At the expiration of Mr. Warden's term as judge, in February, 1855, he was reappointed court reporter, Mr. Smith vacating the office because of his election to the legislature as a representative from Franklin county, Fifty-second (1856-1858) General Assembly. In the fall of 1859 Mr. Smith was nominated as an independent (Democratic) candidate for the office of clerk of the Court, of Common Pleas of Franklin county. Although his opponent was Mathias Martin, regarded as the strongest and most popular Democrat in the county, Mr. Smith was elected by a large majority and served with great faithfulness and satisfaction to the people of the county until his death, Feb- ruary 2, 1862. He has a son, Washington Irving Smith, residing in Columbus, Ohio. Lbandee J. Critchfield, born January 13, 1827, at Danville, Knox county, Ohio. At the age of eight years he removed with his parents to Mil- lersburgh, Holmes county, Ohio, where he spent his youth, receiving such education as was afforded in the public schools of that place. When fifteen years old he obtained a position in the office of the clerk of Holmes county^ In this position, which he retained for some two } T ears, he early became familiar with the various legal forms, and obtained considerable practical knowledge in the methods employed in the practice of the law. With a view to a professional career at the Bar and with the purpose of acquiring a broader culture than was afforded by the public schools, by due diligence he fitted himself for admission to the Ohio Wesleyan University, at Delaware, Ohio,, in which institution he spent four years of study, graduating in the regular academic course in June, 1849. During his college course he also studied law, and was duly admitted to the Bar by the Supreme Court of Ohio in Decem- ber, 1849. He immediately began the practice of law in Delaware. He at once gave promise of great success in his profession, and in 1850, only a few months after his admission, he was elected prosecuting attorney for Dela- ware county, and at the end of his first term was re-elected, serving in all four years. In 1856 he took up his residence in Columbus, and in December of the same year he was appointed by the judges of the Supreme Court of Ohio, reporter of its decisions, in which office he continued to serve, by re-ap- pointment, for five consecutive terms of three years each. During this time he prepared and published seventeen volumes, from five to twenty-one inclu- sive, of the Ohio State reports. At the close of that service (1871), a re-appoint- ment was offered him, but he declined it, in order to devote his entire time and energies to the requirements of his profession. The causes determined by the Supreme Court have never been more accurately and skillfully reported than during the fifteen years of service rendered by Mr. Critchfield, and the Bar of Ohio will ever owe a debt of gratitude to him for this work. In 1858, at the request of Judge Joseph R Swan, Mr. Critchfield became associated with that distinguished jurist, in the preparation and publication of Swan & Critch- field's Revised Statutes of Ohio, with notes of the decisions of the Supreme Court. This work was completed and issued in 1860, and was received with, BENCH AND BAR OP OHIO. 59 great favor by the Bench and Bar throughout the State. These statutes con- tinued as the standard authority until 1880, when they were superseded by the Revised Statutes of Ohio, promulgated by the codifying commission. Governor Hayes tendered Mr. Critchfield a position on this commission, but he was obliged to decline it on account of his extensive law practice. Mr. Critchfield took a deep interest in the cause of popular education. He was a member of the Columbus Board of Education for many years, and also a trustee of the Ohio Wesleyan University. He was a member of the committee that planned and organized the Public Library of Columbus. He never accepted any purely political office, but took a deep interest in pub- lic affairs. He was a delegate to the Cincinnati National Convention (1876) which nominated General R. B. Hayes for the Presidency, and during the campaign and the exciting controversy following the election, he was one of the closest friends and most valued advisers of Mr. Hayes. After the assem- bling of Congress he wrote to Senator Sherman earnestly urging the employ- ment of counsel to present and argue the claims of Mr. Hayes before the electoral commission. His suggestion was adopted, and with possibly one exception, the eminent lawyers proposed by Mr. Critchfield were engaged and acted as counsel for General Hayes and the Republican party in that celebrated contest. Mr. Critchfield was married at Delaware, Ohio, in 1849, to Miss Sarah Jane Mansuer. He died at Columbus, Ohio, February 19, 1896, leaving two children, Mrs. John Short and a son, George W., an accomplished artist, recently deceased. At a meeting of the Ohio State Bar Association, held at Put-in Bay, July 15, 1896, high tribute was paid to the memory of Mr. Critchfield, who was one of the early members of the Association. Speaking of Mr. Critchfield, Congressman Harris, of Bucyrus, said : " Mr. Critchfield was thoroughly appre- ciative of the moral principles which underlie the correct and honorable practice of the law, and no one ever more faithfully carried them into practical, personal execution. He had a profound knowledge of law, and was most devoted to his profession. He prepared every cause in which he was counsel with great care, industry and thoroughness. His presentation of the law and the facts in his cases was singularly clear, and was strengthened by his charming refinement of manner, his scholarly and concise use of language, and his fairness, candor and spotless integrity. In his manner at the Bar he set an example of perfec- tion in courtesy. His simplicity of manner, his entire freedom from assump- tion, his gentleness of disposition, and kindness and tenderness of heart, endeared him to his professional brethren and to all who knew him. Mr. Critchfield discharged every duty with alacrity. He was as generous as he was just, fie was the soul of honor in all the relations of life. In every per- sonal relation he was a good man to know, a better man to love as relative or friend. He made the consciousness of rectitude, and not fame, the main object of his life. He was a man of sincere religious convictions and of deep relig- ious feelings. His conduct was always consistent with his professions. There was nothing but kindliness in his heart for any human being. Mr. Critchfield's most remarkable endowment was not his great intellectual distinction, brilliant 60 BENCH AND BAR, OP OHIO. imaginative force, or striking originality of mind, but a character which united in itself the rarest gentleness and the sternest sense of duty and resolve to do it." Moses Moorhead Granger is the descendant of a long line of dis- tinguished ancestors. The Grangers originally emigrated from England to America about 1640. Moses was born at Zanesville, Ohio, October 22, 1831. His father was James Granger of Sheffield, Connecticut, who^ moved to Zanesville, Ohio, in 1817, where he was married February 15, 1829, to Matilda Vance Moorhead, daughter of a distinguished family of Virginia. She was the mother of Moses M. Granger. He was married at Lancaster, Ohio, December 29, 1858, to Mary Hoyt Reese, daughter of William J. Reese of Philadelphia, Pennsylvania, and Mary E. Sherman of Lancaster, Ohio. Mary E. Sherman, mother of Mrs. Granger, was the sister of General William T. Sher- man and Senator John Sherman. He was educated in the town schools of Zanesville and at Kenj^on College, from which he graduated valedictorian of his class in 1850. He studied law at Zanesville, Ohio, under Judge Charles C. Convas, having as a fellow student William W. Johnson, afterwards a judge of the First Ohio Supreme Court Commission and of the Supreme Court of Ohio. He was admitted to the Ohio Bar at Columbus, Januan^ 4, 1853; in June of the same year he began practice and rapidly acquired an extensive business. At the outbreak of the Rebellion he left the pursuits of his pro- fession to engage in the service of his country. On May 14, 1861, he was commissioned a captain in the Eighteenth United States Infantry, and served with that regiment in General R. L. McCook's brigade of General George H. Thomas 'Division, in'Kentucky, Tennessee and Mississippi. On September 10, 1862, Governor David Tod commissioned him as major in the 122nd Ohio Volunteer Infantry. He was promoted to be lieutenant colonel of the same regiment on May 1, 1863, and later, on the recommendation of his brigade and division commanders, President Lincoln nominated him to be colonel of United States Volunteers by brevet, to rank as such from the 19th of October, 1864, the day on which the battle of Cedar Creek was fought, and in which Colonel Granger performed gallant and meritorious service. The Senate con- firmed the nomination, and he was duly commissioned as such by Andrew Johnson. He participated in the fighting between Milroy's division and EwelPs corps at Winchester, Virginia, 13, 14 and 15 June, 1863 ; in French's combat with Ewell, at Locust Grove, Virginia, 27th November, 1863; in Grant's battles of the Wilderness, Spottsylvania Court House, and Cold Har- bor ; in Sheridan's battles of the Opequan, Fisher's Hill and Cedar Creek. After service for more than three years in the Civil War, he resigned his commission on December 16, 1864, and resumed his practice at Zanesville, in January, 1865. The civil services of Mr. Granger have been as conspic- uous as were his military achievements. He was elected city solicitor of Zanesville, serving from April, 1865, to August, 1866*; member of the Put- nam village council, April to August. 1866 ; prosecuting attorney of Mus- kingum county, January to December, 1866; judge of the Common Pleas, first subdivision, Eighth Judicial District of Ohio, 10th December, 1866, to BENCH AND BAR OF OHIO. 61 9th October, 1871, when he resigned as judge and formed a legal partner- ship at Zanesville with Gilbert D. Munson, the present judge of the Com- mon Pleas Court. In October, 1872, while attending a trial of a cause in New York City, he received a telegram from Judge George W. Mcllvaine, Chief Justice of the Ohio Supreme Court, asking him to consent to be appointed reporter for that court. He accepted and served from October, 1872, to March, 1874, editing and issuing vols. 22 and 23 of the Ohio State Reports. Before the first year of his term of service had expired he desired to resume his practice in Zanesville, and tendered his resignation as reporter, but so ably and faithfully did he discharge the duties of this office that by the urgent request of the court he allowed the resignation to remain in the hands of the Chief Justice until vol. 23 had been printed, when he retired from the office. When the Ohio legislature created the second Supreme Court com- mission, to serve for two years from April 17, 1883, he consented to be appointed by Governor Charles Foster one of its five judges, because he wished to urge a change in the mode of examining cases by the highest State court. While reporter in 1872-3, he had observed how slowly the judges progressed with their docket, that much more work could be as well done in less time. During no year prior to 1883 had the court disposed of more than 257 cases on the general docket. The commission consisted of five judges, viz., Moses M. Granger, George K. ISTash, Franklin J. Dickman, Charles D. Martin and John McCauley. Mr. Granger was elected each year, by unanimous vote, presiding judge of the commission. The second commission under his lead decided about 330 cases on said docket within the first year. The Supreme Court itself later adopted the improved mode of work, and since 1887 has averaged 315 cases each year. Judge Granger's opinions appear in vols. 40 and 41 Ohio State Reports. Judge Granger, though urged by his legal friends, declined to be a candidate for the Supreme Bench of the State. In 1889 the judges and Bar of southeastern Ohio, and prominent lawyers in Cincinnati, Columbus, Springfield and Toledo, urged President Harrison to appoint him to the seat on the United States Supreme Bench made vacant by the death of Associate Justice Stanlej' Matthews. Judge Granger was chosen a trustee of Kenyon College in 1866, and served as such almost continuously until 1887, when he tendered his resignation. Among those who served with him as college trustees were Chief Justice Waite, Senator Stevenson of Kentucky, Secretary of the Interior Columbus Delano and the distinguished Rufus King. Judge Granger contin- ues to practice law in Zanesville and manage the extensive affairs of the Mclntire estate, of which he has been sole administrator since June 4, 1880. Judge Granger has two sons living, Alfred Hoyt, graduate of the School of Technology in Boston, and now an architect in Chicago, and Sherman Moor- head, graduated at Kenyon in 1890, and is now practicing law with his father. Epenetds L. De Witt was born at Marietta, Ohio, June 29, 1839. His father was Luke De Witt. The De Witt family emigrated from Holland to this country about the year 1650. The progenitors of the American line were 62 BENCH AND BAR OF OHIO. three brothers, one of whom settled in New York City, one in New Jersey, and the third, Ijerck Claeszen De "Witt, settled in Kingston, New York. The latter was the ancestor of Mr. De Witt. His mother was Eunice Marnten, of English descent, born in Bridgeport, Connecticut. Luke De Witt, father of Mr. De Witt, was a Presbyterian minister and a graduate of Auburn Theo- logical Seminary. The family moved from the East to Marietta, Ohio, dur- ing the infancy of E. L. De Witt, and in that town he spent his youth. He was educated in the private and public schools of Marietta and also at Mari- etta College, from which he graduated in 1863. Shortly after graduation he entered the service of the United States quartermaster's department, and was stationed in the discharge of his duties at Baltimore, Maryland; Nashville and Memphis, Tennessee. In March, 1865, he moved to Columbus, and entered as a law student the office of Judge Chauncey N. Olds, having previously studied law in Baltimore, Maryland. He was admitted to the Bar by the District Court at Marion, Ohio, in August, 1867. Began the practice of law in Columbus, and has ever since resided there. He was appointed reporter of the Supreme Court, February 24, 1874, on the resignation of Moses M. Gran- ger and he served continuously in the office, by reappointment, till June 22, 1885, a period of eleven years, during which he edited and issued nineteen vol- umes of the Ohio State Reports, viz., 24 to 42 inclusive. These reports embrace volumes 27, 28, 30, 32 and 33 of the first Ohio Supreme Court Com- mission, and volumes 40 and 41 of the second Supreme Court Commission. Mr. De Witt, therefore, prepared and published a larger number of volumes than any previous or subsequent reporter, and the excellent character of his work is evidence, not only of Mr. De Witt's legal ability and scholarly acquire- ments, but of his great energy and indefatigable industry. Mr. De Witt is regarded as a very careful, accurate and sound lawyer. He was elected by the Republicans of his ward in 1882 to the city council of Columbus, serving for one term of two years, and declining a re-election, as political life was distaste- ful to him and he has ever preferred to devote his entire energy and attention to the practice of his profession. In April, 1876, he was married to Miss Emily Backus Mcllvaine, of Columbus. They have two children living. George B. Okey, born at Woodsfield, Monroe county, Ohio, December 19, 1849. He is a lineal descendant of Colonel John Okey, the regicide, who was a member of the court that convicted Charles I. of England. His father was John W. Okey, who died in 1885 while serving his second term as judge of the Supreme Court of Ohio. His mother was Mary J. Bloor, who was born and lived at St. Clairsville, Belmont county, Ohio. His great-grandfather, Levin Okey, came to Ohio from Delaware in 1802, and settled in Belmont county. George B. Okey spent his boyhood in Cincinnati, Ohio, where his parents then resided. He was educated in the public schools of Cincinnati, and attended the Hughes High School of that city. In April, 1871, he graduated from the Cincinnati Law School, and was at once admitted to the Bar and entered into partnership with his father in that city. Mr. Okey annotated the Constitu- tions of Ohio for the use of the members of the Constitutional Convention of BENCH AND BAR OF OHIO. 63 1873. This work was published by the State. In November, 1877, he was appointed a member of the Codifying Commission to revise and consolidate the Ohio statutes. This commission began its labors in 1875 and completed them in 1879. The commission consisted originally of three members, appointed by Governor Allen, viz., Michael A. Daugherty, John W. Okey and Luther Day. Luther Day resigned February 1, 1876, to accept a seat on the Supreme Court commission, to which he had been appointed, and John S. Brasee was appointed by Governor Hayes to fill the vacancy. John W. Okey resigned November 9, 1877, to accept a seat on the Supreme Bench, to which he had been elected, and his son George B. Okey was appointed by Governor Young to fill the office vacated by his father. At the termination of the work of this commission, in the fall of 1879, Mr. Okey resumed the practice of law at Col- lumbus, where he has since resided. On June 22, 1885, he was appointed, by the judges, reporter for the Ohio Supreme Court, serving for one term of three years and editing vols. 43, 44 and 45, Ohio State Reports. In 1890 he was nominated by the State Democratic Convention for the office of judge of the Supreme Court, but with the remainder of the Democratic ticket was defeated at the election. Mr. Okey enjoys the merited reputation throughout the State of being a most able, learned and successful lawyer. Few practitioners at the Bar are so familiar with Ohio statutory law or the decisions of our courts. He has a most thorough knowledge of the principles of constitutional law, and his counsel and services are especially sought for in questions of that character. Mr. Okey was married December, 1872, to Miss Louise Schoomaker, of Cin- cinnati. He has two sons living. Levi James Burgess was born at Mt. Perry, Perry count}^ Ohio, Septem- ber 4, 1848. His father was Jeremiah Burgess, and mother, Eliza Evans. He obtained his education in the country schools of his locality, but received his mental training and literary acquirements mostly in that best of schools, the teachers' vocation. From his early boyhood he was compelled to sustain him- self. He was granted a teacher's certificate while yet in his teens. At an early age his resolution was firmly fixed to become a lawyer, and while teach- ing he entered upon the study of the law under the supervision of William E. Finck, a distinguished lawyer of Perry county, and for several years member of Congress from his district. This was at Somerset, then the county seat of Perry county. Mr. Burgess was admitted to the Bar August 26, 1873, and immediately began the practice at New Lexington, where he continued, being associated in partnership with Colonel L. J. Jackson and other members of the Bar at that place until 1879. By his magnetic disposition, brilliant oratory and universal popularity, coupled with great industry and natural legal ability, he soon occupied the most prominent position at the Bar of his county. He was nominated by the Democratic party of Perry county for the office of prosecuting attorney, and while the political complexion of the county rendered his election sure, he withdrew from the ticket because he was offered at that time special advantages for the continuation of his active practice in Hocking county. He thereupon removed to Logan, Hocking county, where 64 BENCH AND BAR OF OHIO. he formed a partnership with Judge Oakley Case, succeeding to the practice of John S. Friesner, who had just assumed the duties of the Common Pleas Bench. Mr. Burgess became counsel for the C. H. Y. & T. Ry. Co. and some large coal corporations of that place. An extensive and successful practice occupied his attention. In the meantime Mr. Burgess had abandoned the party of his early faith, and had become an ardent Republican in politics. On September 17, 1888, he was appointed reporter of the Supreme Court of Ohio,, when he removed to Columbus and became a member of the Franklin county Bar. As reporter of the Supreme Court he gave great satisfaction, perform- ing the duties of that office with care and ability. Volumes 46, 47, 48, 49> and 50 Ohio State Reports were published under his supervision, and volume 51 was well under preparation when he was stricken with a sickness which caused his untimely death, on May 11, 1895. A distinguished member of the Franklin county Bar and one who knew him well, justly said of Mr. Burgess: "Asa lawyer he disliked the drudgery necessarily attending the practice, but was an adept at drawing pleadings, and had few equals before the court and jury ; his perceptive powers were keen, his memory and oratory unsurpassed, and he was a good trial lawyer. There are few men who have clearer or broader perception of legal principles than did Mr. Burgess, and whether his preparation of a case was thorough or otherwise he could present an argument which indicated thorough preparation. Those who knew him most intimatelv were amazed at his ready knowledge and ability for its display, and wondered when and where he gained it. He was not frequently seen consulting law- books, and when he did he spent but little time with them, giving text-book or case a passing glance, making his notes in his memory, his apparent purpose being^only to gather the thought of the writer or judge and make it at once his own, dressing it in his own language." Mr. Burgess was married to Miss Rebecca Ann Weller at Zanesville, Ohio, December 11, 1870. There are three children living, Alma, Levi J. and Lulu, the latter now Mrs. Frank Nau, of Portland, Oregon. An article on the reporters of the Supreme Court of Ohio would be- incomplete without mention of a volume of reported cases by John C o Wright. Mr. Wright was one of the judges of the Supreme Court, serving during the years 1831 to 1834, inclusive. At that time, under the legal organization of the court, the judges sat in bank at Columbus only three or four weeks annually. During the remainder of the judicial year the court was held in the several counties, in rotation, generally by two judges only, which number constituted a legal quorum, and it was the custom for the judges to relieve one another, so dividing their labor that each might perform one half the county circuit duty, as it was quite impossible for any one judge to participate in all of the trials of the entire circuit. Court was then held in seventy-two counties each year, requiring some twenty-two hundred and fifty miles travel. And there were on the trial docket, for instance, in 1834, in all fourteen hundred and fifty-nine cases. It inevitably followed,, therefore, that the decisions of the court were largely " left to tradition, or BENCH AND BAR OF OHIO. 65 which, orally reported and cited by counsel, were made to reflect the various minds and memories of the reporters, and the interests advocated by them." Judge Wright took notes of cases at the trials in which he assisted, with the intention merely to help his memory in forming his opinions or in recalling previous decisions. These minutes and notes, upon retiring from the bench in 1835, he moulded into a volume known as "Wright's Reports," and published as a personal enterprise. While, therefore, not official, they have the authority of a learned, able and conscientious judge. This volume embraces the reports of four hundred and ninety-eight cases, duplicating but five of the cases con- tained in Mr. Hammond's Ohio Reports, Volumes 5 and 6, which two volumes cover the same period of time as " Wright's Reports." In conclusion we may be permitted to say that the office of the Supreme Court Reporter has ever been maintained by occupants of high character and ability. The reports of the Ohio Supreme Court have always received in the other courts of the country recognition commensurate with the prominent and influential position of our State. Since the days of Edward Coke, the office of court reporter has been one of increasing usefulness and importance in our judicial system. And Shakes- peare's famous character, Hamlet, must have been mindful of the faithful performance of the function of this office when in his dying words he enjoined Horatio to " report me and my cause aright." THE CINCINNATI LAW SCHOOL. The first school west of the Allegheny mountains instituted for the pur- pose of imparting to lawyers professional instruction and qualifying them for practice was established in Cincinnati in May, 1833. It was a private enter- prise, the work of a few public-spirited lawyers who had themselves received the benefits of education in special law schools of the East. Their own expe- riences and observations had convinced them of the advantages of special schools for professional study. The first term of the " Cincinnati Law School " was opened on the 7th of October, 1833. Two years later, to wit, in 1835, it was incorporated with the Cincinnati College, a literary and academic institu- tion founded in 1819. For a period of more than sixty years thereafter the law school was conducted under the name of the " Law School of the Cincinnati College." As such it was housed in the college buildings and endowed from the college funds for the establishment of professorships and the formation of a law library. Early data regarding the conduct of this school are meager, but it is known that many prominent lawyers from time to time were entrusted with its executive management and its course of instruction. Among the emi- nent men who filled the office of president and dean of the faculty were Bel- lamy Storer, Myron H. Tilden and Marshall E. Curwen. Most of the patrons of the school from the time of its first establishment have been from the State of Ohio. As nearly all of them remained in the State, they have greatly enriched the Bar of Ohio by their learning. The course of study adopted embraced three years, divided into Junior, Middle and Senior classes. The instruction included topical lectures and recitations from standard text-books. Hypothetical cases always had a place in the instruction as a means of making practical application of legal principles. The first or Junior year included both the general elements and the development of principles upon which each department of the existing law rests. It was the introduction to the topics taken up in later courses. It laid the basis for the advanced study of rights, wrongs and remedies, affecting person or property. During this year lectures were given upon the History of the Law, the relation of the English Common Law to American Law, the relation of the Feudal System to the existing Law of Real Property, the rise and the general province of Equity Jurisprudence. The Middle year took up Evidence, Criminal Law, Equity Jurisprudence ; the Study of Cases; Torts; the Ohio Constitution ; Domestic Relations ; Com- mercial Law, etc. In the Senior year the study of Commercial Law is con- tinued under various topics: Civil Procedure and Code Pleadings; Conflict of Laws; Real Property ; Wills, Administrations, Insolvency ; Corporations — 66 BENCH AND BAR OF OHIO. 67 Private and Municipal, Highways, Eminent Domain ; Equity Jurisprudence and Pleadings ; Legal Ethics. Upon the completion of the course of study the degree of Bachelor of Laws is conferred, and the number of students who have been thus honored approximates five thousand. A library of about six thousand volumes has been collected, which comprises the works of the best writers on law and jurisprudence, and such reports of cases as are regarded important. ii^a In 1877 Julius Dexter, who was at the time one of the trustees of the college, provided funds amounting to $250 per annum for prizes to be awarded! members of the graduating class, as follows : Seventy-five dollars for the* member passing the best examination ; seventy-five dollars for the best essay upon a subject designated ; fifty dollars for the second best examination, and' fifty dollars for the best performance in a public forensic discussion. Mr. Dexter continued this annual provision until 1881, when it was assumed by the board of trustees. In addition to the awards mentioned., a prize of seventy- five dollars has been awarded for the best examination in the Middle and Junior classes, and a prize of fifty dollars for the second best examination. The Law School was continued as a part of the Cincinnati College until 1867. The last faculty comprised ex-Governor Jacob D. Cox, LL. D., Dean ; ex-Governor George Hoadly, LL. D., Emeritus Professor ; Honorable Henry A. Morrell, LL. D., Professor of the Law of Contracts, Torts, Wills and Assign- ments; Judge George R. Sage, LL. D., Professor of Equity Jurisprudence and Criminal Law; Judge Hiram D. Peck, LL. D., Professor of the Law of Cor. porations and of Evidence; Judge John R. Sayler, A. M., Professor of Com- mercial Law and the Law of Contracts ; Francis B. James, LL. P., Lecturer on Statutory Law. In June, 1896, the Law Department of the University of Cincinnati was- organized, and in October of the same year it was opened. The board of directors intended to make it a genuine university law school. Before the close of the first year overtures ' 5 were made by the board of directors of the Cincinnati College to bring about a union of the two law schools. A contract drawn up by a joint committee of the two boards of directors was ratified bv both. It provided that a new school, to be designated " The Law Department of the University of Cincinnati," should be established permanently, and certain members of the faculty of the Law School of the Cincinnati College should be added to the faculty of the new school. A complete consolidation or union was thus effected. The faculty chosen for the year 1897-98 was composed of Judge William H. Taft, LL. D., Dean and Professor of Law ; and the following named members designated simply as Professors of Law : Henry A. Morrell, LL. D. ; Judson Harmon, LL. D. ; John P. Sayler, LL. D.; Joseph Doddridge Brannan, A. M., LL. B.; Lawrence Maxwell, Jr., A. M., LL. B.; Gusta- vus H. Wald, A. B., LL. B.; Rufus B. Smith, A. B., LL. B.; Alfred B. Bene- dict, A. B., LL. B.; Harlan Cleveland, A. B.; Francis B. James, LL. B., Instructor in Statutory Construction and Real Property ; Charles M. Hepburn,, A. B., LL. B., Instructor in Code Pleading. 68 BENCH AND BAR OF OHIO. Like the old school, the course of instruction in the Law Department of the University comprises three years. It is modeled after the Harvard Law School, which is generally regarded the equal of any in America. The Case system is adopted instead of the Text Book system, which prevailed in the old school. The valuable library belongs to the new school. Moot courts are held under the supervision of members of the faculty. Law clubs have been organized by the students, as well as a general debating club. Briefs are required from those appointed to lead in the discussions of law questions. Every candidate for admission to the Law Department is expected to be pro- ficient in orthography, punctuation, use of capital letters, paragraphing and English grammar. His proficiency is determined by a written essay. He is also required to translate correctly passages selected from Caesar's Commen- taries, or to read French and German at sight. He must have a knowledge of English and American histor} 7 and understand mathematics, including plane geometry. These provisions for some literary and scholastic learning as the basis of any intelligible study of the law are wise. They cannot fail to encour- age a higher standing and larger efficiency among members of the profession. BIOGRAPHICAL SKETCHES. RUFUS P. RANNEY, Cleveland. Among all the illustrious names pre- served in the records of the Supreme Court of the State none is higher, nobler or purer than " Rufus P. Ranney." He died at his home in Cleveland on the sixth day of December, 1891, at the age of seventy-eight years. The sketch of his life, together with the analysis of his character and the estimate of his public services here presented, is the collaboration of Allen G. Thurman, Richard A. Harrison, Jacob D. Cox, Francis E. Hutchins and Samuel E. Will- iamson. The memorial prepared by Judge Williamson for the State Bar Association in 1892 furnishes the material relating to Judge Ranney's work in the Constitutional Convention, and some of his important judicial deci- sions. As a man, as a lawyer, as a judge, and as a statesman, he left a record without a blemish ; a character above reproach ; and a reputation as a jurist and statesman which but few members of the Bar have attained. Judge Ran- ney came from New England, a land of robust men of wonderful physical and mental fiber and endurance. He was born at Blandford, Hampden county, Massachusetts, on the 30th day of October, 1813. His father was a farmer of Scotch descent. In 1822 the family moved to Ohio, which was then a " western frontier." They settled in Portage county. In the son, the old blood of New England had its forceful inheritance; and his hard struggles with pioneer life were favorable to the full development of his great natural endowments, his inherited characteristics and the attainment of' the highest excellence. The means of public instruction were quite limited ; but the stock of intelligence in the family, with a few standard books brought from Massa- chusetts, coupled with an active, penetrating and broad intellect, aroused in the son a desire to get an education. And he had one of those exceptional minds that take learning by nature, as Shakespeare and Columbus did. Not until he had nearly arrived at man's estate was he able to manage, as he did by his manual labor and teaching in backwoods schools, to enter an academy, where he in a short time prepared himself to enter college. By chopping cord-wood at twenty-five cents per cord, he earned the money to enter the Western Reserve College, but, for want of means, he could not complete the college course. He made up his mind to study law ; and at the age of twenty- one years he entered the law office of Joshua R. Giddings and Benjamin F. Wade and began his preparation for admission to the Bar, and in 1836 he was admit, ted. Mr. Giddings having been elected to Congress, the firm of Giddings & 69 70 BENCH AND BAR OF OHIO. Wade was dissolved, and, upon Mr. Wade's suggestion, he and young Ranney entered into partnership. This firm was the leading law firm in northeastern Ohio. In 1845 Wade was elected judge of the Court of Common Pieas. Shortly afterward Ranney removed to Warren, Trumbull county, which was the chief center of business and wealth in that section of the State. He at once commanded a large practice. In 1846, and again in 1848, he was nominated as a candidate for Congress ; but his party being hopelessly in the minority, the opposing candidate was elected. In 1850 he was elected, from Trumbull and Geauga counties, a delegate to the convention which bad been called to revise and amend the Constitution of the State. In this convention he served with distinction on the committees on the judiciary, on revision, on amendments, and others. His associates on the committee on the judiciary were Stanbery, Swan, Groesbeck and Kennon. Although he was then a } 7 oung man, he was soon recognized as one of the leading members of the convention. In this body of distinguished lawyers, jurists and statesmen, there were few members who had as thorough knowledge of political science, constitutional law, polit- ical and judicial history, and the principles of jurisprudence, as Judge Ranney displayed in the debates of the convention. There was no more profound, acute and convincing reasoner on the floor of the convention, and in the com- mittee rooms his suggestive and enlightened mind was invaluable. The amended Constitution conforms very nearly to the principles and provisions advocated by him. In March, 1851, he was elected by the general assembly judge of the Supreme Court, to succeed Judge Avery ; and at the first election held under the amended Constitution in 1851, he was chosen to be one of the judges of the new Supreme Court. He was assigned the longest term and served until 1856, when he resigned and removed from Warren to Cleve- land, where he resumed the practice of his profession as a member of the firm of Ranney, Backus & Noble. In 1859 he was the unsuccessful candidate of his party against William Dennison, for governor of the State. Three years after- ward he was nominated, against his expressed desire, as a candidate for supreme judge. One of his partners, Franklin T. Backus, was nominated by the oppos- ing party for the same office. To his own surprise, Judge Ranney was elected. He qualified, but resigned two years afterward, and resumed the practice of law in Cleveland. The demands upon his professional services were now more than he could comply with. Anything like a selfish regard for his own pecuniary interest would have induced him to select for his attention the most important and lucrative business that was offered ; but the needs of a man or woman in difficulty or distress were more likely to secure his devoted services than the offer of a large fee. When the Ohio State Bar Asso- ciation was organized in the year 1881, he was unanimously elected its president. Towards the close of his life Judge Ranney gradually withdrew from the practice of his profession ; but the urgent solicitation of some old friend, or an attack upon some important constitutional or legal principle, drew him occasionally from his library to the court room. The announce- ment that he was to make an argument never failed to bring together BENCH AND BAR OP OHIO. 71 an audience of lawyers, eager to learn from him the art of forensic rea- soning, of which he was a consummate and acknowledged master, and to be entertained and instructed by his sympathy and familiarity with the more recent advances in the science of jurisprudence. The well-earned leisure of his later years was far from being indolence. If he had needed an inducement to continue his reading and study, he would have found it in the pleasure it gave him to share with others the results of such study. He was anxious that young men should have the educational advantages which had been denied to him, and it was for the double purpose of helping to provide such advantages and justifying the confidence which had been reposed in him by a valued client and friend, that he devoted much of his time for several years to placing the Case School of Applied Science," at Cleveland, upon a firm foundation and providing for it adequate buildings and equipment. From the time of Judge Ranney's admission to the Bar he found time, by means of his ability to dispose of business rapidly and by unremitting industry, to make up to some extent the deficiency in his early education. Accident and taste combined to direct his attention particularly to the language of France, and as soon as he could read it easily he made a profound study of her literature, politics, history and law. The civil law and the debates which resulted in the Code Napoleon became as familiar to him as the Commentaries of Biackstone, and had their part in forming his clear and mature conceptions of natural justice and views of public policy. Judge Ranney was a man of great simplicity of character, wholly free from affectation and assumption. He was a man of native modesty of character. He could have attained the highest standing in any pursuit or station requiring the exercise of the best intellectual and moral qualities ; but his ambition was- chastened and moderate, and he seemed to have no aspirations for official place or popular applause. While always dignified, he was a genial and companionable man, of fine wit and rare humor. He had singular powers of memory. Every fact, every rule, every principle, when once acquired, remained with him always. He combined extensive and varied general knowledge with remarkable accurac}' of judgment. His originality of mind was not impaired by his accumulation of knowledge and the ideas of others. No man was more fearless in asserting the right, and in the performance of what he deemed his duty. His known integrity and honesty, and his never-failing common sense and sagacity in affairs.of business, placed in his hands many weighty and responsible trusts, embracing important interests and large amounts of property. From the beginning of his career as a lawyer, by reason of the professional learning, the clear and persuasive method of reasoning, the nice power of discrimination, the strict sense of justice, the inflexible integrity, and the great practical wisdom which char- acterized and adorned all his efforts, he occupied the position of a leading representative of the Ohio Bar. He had remarkable power of analysis, and saw with the quickness of intuition the principles of law, as well as the right or morality of a controversy. In the argument of a cause he never made a useless parade of authorities. He used authorities only to 72 BENCH AND BAR OF OHIO. illustrate principles. While Judge Ranney was on the Bench he was one of the strongest administrative forces of the State government. He held a place of his own. He was a personal force whose power was profoundly felt in the administration of justice throughout the State. He made a deep and permanent impression on the jurisprudence of Ohio. His facility and accuracy in disposing of business was owing, in a large measure, to his almost unequalled habit of concentration on the business before him — the analytical structure and logical action of his mind, his acute perception of the crucial points in a cause, his comprehensiveness of view, and his quickness in discovering how natural justice and equity suggested a controversy should be decided. His most distinguished trait was his grasp of general principles, in preference to decided cases. He never ran to book shelves for a case which had some resemblance to that in hand, perceiving as he did, that the resemblance is frequently accidental and misleading. To consider questions of constitutional law, or of public policy and justice, was above all things con- genial to him. He took large views of every matter or question with which he had to deal. He was at his best when under the stimulus of working to solve a great and difficult constitutional or legal problem. Difficulties melted away under the fire from his keen and powerful intellect. His reserve force never failed him. Occasionally, in hearing or deciding a case, his broad and mellow humor and bright imagination illustrated or illumined the questions involved. He was always courteous on the Bench, and no member of the Bar, young or old, ever had just cause to complain of unfair treatment at his hands. On the Bench, as at the Bar, he never extended any hospitality to loose notions of professional ethics. Judge Ranney's rich style furnished unmistakable evidence that he had drunk .deep at the wells of English undefiled. His reported judicial opinions, all of which are characterized by inherent strength and breadth, and dispassionate and unbiased judgment, show he had great facility in clear, precise, forcible expression. No one could say a plain thing in a plainer way, nor deal with an abstruse subject in a clearer manner. In oral argument or public discourse, he gave a sort of collo- quial familiarity to his utterances. No one could use an apt illustration or an amusing anecdote with greater effect. He never declaimed. He was as wise in what he left unsaid as in what he said. There was never anything puerile or irrelevant in his arguments. They were characterized by a vigor and grasp of mind, a full possession of the subject, and a fertility of resource whenever an emergency arose requiring him to bring to his aid his reserve power. Upon occasion, no one could use sarcasm with greater effect ; but the blade he used was the sword of the soldier, not the dagger of the assassin. Judge Ranney had those qualities of simplicity, directness, candor, solidity, strength and sovereign good sense which the independence and reflective life of the early settlers of the western country fostered. At the Bar, or in his own library, he was one of the most interesting of men. He had a just economy of labor ; he never did anything which men of narrower capacity could do for him well enough. He did not expend upon his work any superfluous strength. It is BENCH AND BAR OF OHIO. 73 unfortunate that his great powers were not called into use upon the broadest theater. Had he been given a seat upon the Bench of the Supreme Court of the United States, as was in contemplation when he was in his prime, he would have enriched not only his own fame, but the country would have had additional reason to be justly proud of institutions under whose fostering influences men like Judge Ranney are entrusted with the highest civil authority, and the protection of the rights and liberties of the citizen. He was himself a firm believer in representative government ; insisting, however, that in order to perpetuate it, its abuses and evils must be plainly exposed and resolutely resisted. In the Constitutional Convention Judge Ranney was made a member of the committee on the judicial department, chairman of the committee on future amendments to the Constitution, and chairman of the committee on revision, enrollment and arrangement. His part in the convention was largely the result of his intense belief in democracy ; not Democracy in a partisan sense, although that belief determined his party fealty also, but democracy in the first and best sense, as meaning government by the people. He trusted the people thoroughly, and although the character of the voting population of the State gradually changed before his death, his faith in the people continued to be so strong that he looked forward to the outcome of every struggle, in which both sides had a fair hearing, as sure to be wise and right. Without this key to his votes and speeches they would be sadly misunderstood. He favored every proposition to limit the power of the executive and the legislature, except as the duty of legislative action to restrain encroachments upon the rights of citizens could be imposed upon the general assembly. His faith in the peo- ple led him to wish for them a larger share in the administration of justice, and to desire that every court should be to some extent a court of first instance, and he would have had every question of fact, in equity as well as at law, referred to a jury. He favored biennial sessions of the general assembly. It was said in favor of annual sessions that one of the principal means by which the people had been able to secure, generation after generation, a portion of their rights under the British government was frequent elections and meetings of public bodies. But while he conceded this, his answer was that in England all power exercised by legislative bodies was taken from the monarch ; here, from the people. There the people would not fail to gain by legislative action ; here they could not fail to lose. He opposed the proposition to give the gov- ernor a qualified veto, which was supported by the argument that it would prevent much ill-considered legislation. He admitted that inconsiderate leg- islation had been a sore evil, but in his opinion it arose from the fact that the people of Ohio had theretofore delegated too much power to the departments of government. The remedies that he proposed were to take away patronage from the legislature, to require important laws to be submitted to a direct vote of the people, and to receive a majority of the votes of both branches of the general assembly by yeas and nays. The first and last of these remedies were applied by the Constitution with good results. He supported with success an 74 BENCH AND BAR OF OHIO. amendment to the report of the committee reducing the term of senators - from four to two }^ears. He proclaimed emphatically the opinion that the people should not delegate their power for any longer time than was neces- sary ; that the Senate ought to be as popular as the House ; that to say that the Senate ought to " hang back and hang on," to save the people from them- selves, was a part of the old argument that the people were incapable of self- government. He repudiated it from his very soul. He had not one particle of sympathy for it and it never could have any foundation whatever in his political creed. The committee on the legislative department reported a sec- tion forbidding the general assembly to pass retroactive laws, or laws impair- ing the obligations of contracts or their remedies. Judge Ranney opposed the introduction of the words "or their remedies," but gave the remainder of the section his cordial and effective support. The provision against retroactive legislation was then a new constitutional principle, the term " retroactive " being much more broad and comprehensive than the phrase " ex post facto/' then in common use. It was urged by such able men as Judge Hitchcock that the power of the retroactive legislation had been exercised beneficial ly, but Judge Ranney pronounced it dangerous. In his judgment the power of curing errors, defects and omissions should be reposed in the courts, and so the con- vention ultimately decided. He considered that as men became more enlight- ened the stringent laws required to protect the rights of individuals in an uncultivated state of society became unnecessar}^ and the legislative power should be restrained in proportion. It was Judge Ranney who first proposed that the creditors of corporations should be secured by the individual liability of stockholders, although the form and extent of the proposition were some- what changed by amendment before its adoption. He met strong opposition from many delegates, who agreed with him that, as an abstract principle, it was right that stockholders should be responsible for the debts of their corpo- rations, but contended that it was impolitic to so provide in the Constitution, because it would check public improvements. With terrific sarcasm he replied that to barter awa} r principles in order to push forward prematurely works of public improvement would be "making a most miserable swap," and with eloquence he denounced the abandonment of political principle in matters of legislation. He favored the proposition for the reformation of civil pro- cedure. His ideal of a lawyer was high. In his opinion no one could occupy a respectable position in the legal profession without a knowledge of law as a science, which could be attained only by the most assiduous labor and appli- cation. He wanted the profession to be relieved of the miserable jargon and mystery of forms and technicalities, that it might be left to pursue the noble study of the rights of man, the rights of property and all the varied relations of life subject to legal regulations. He took an active part in the discussions on education, the elective franchise, capital pun- ishment, levying poll taxes, finance and taxation, and the repeal of cor- porate franchises. His views upon all of these matters were pronounced, but the combined wisdom of all the delegates was wiser than the wisdom BENCH AND BAR OF OHIO. 75 of any one ; so in the closing hour of the convention he had occasion to say that after a careful review of the whole instrument, of all its parts, of every line and word, he believed before God and man that it was one of the best, if not the best, of the Constitutions of American States ; and if the peo- ple of Ohio were not well governed thereafter, it would be the fault of the people, for the whole responsibility then and thereafter was upon them. He devoted his best thought and labor to the judicial article. His chief objection to it was that it removed the courts of last resort too far from the people. He objected to County Courts with such limited jurisdiction. He objected to the District Courts because they might be held at only one place in the district, and consequently lawyers and witnesses might be compelled to travel a hun- dred miles for trial. But most of all he objected to the Supreme Court, because it was to become substantially a Court of Errors, sitting at Columbus. He looked upon the circuit system as absolutely indispensable. In his judg- ment a mere paper court would become but little better than mere papers themselves, and might as well be filed away in some secure place in the Capi- tol. It was an insurmountable objection that no judge of the court was ever to participate in a trial, face a jury, see the parties, hear the witnesses, study human nature as exhibited in a trial at court, or mingle with the people. He also wanted the effect of the circuit system upon the people, because he believed that no court could acquire that power, dignity, influence and authority in the eyes of the people, which it ought to have, unless it acts among the people, performs its duties in their sight, and places in their view the practical workings of the system of judicial power which acts upon and protects their interests. He and others who agreed with him were able to secure the abandonment of the County Courts, for which Probate Courts were substituted, and a provision, requiring District Courts to be held in every county. This was justly considered a great triumph, but they were unable to secure any substantial change in the duties of the Supreme Court judges, who, as business increased, were gradually withdrawn from District Court duty until they composed simply a Court of Errors sitting at Columbus. The old Supreme Court, under the leadership of Judge Peter Hitchcock, was one of the ablest courts in the United States, and was acknowledged as such where- ever the common law prevailed. It was remarkable for taking certain prac- tical views of the law which were widely accepted and applied to a great variety of cases. Judge Ranney found himself in thorough sympathy with them, as they satisfied at the same time his feeling of veneration for the princi- ples of the common law and his love of justice. One of his first opinions is an illustration of this. The owner of a judgment had accepted payment for about one-third of its amount, and one hundred dollars for attorney's fees, in satis- faction of the whole, and he refused to enter the satisfaction. The court recognized the existence of the rule that the payment of a sum less than the sum due upon a liquidated judgment, although agreed to be received in full satisfaction, could not be insisted upon as such for want of a valuable consid- eration. Judge Ranney, in giving the opinion, would not set aside this rule; 76 BENCH AND BAR OP OHIO. he had too much regard for well settled principles. But he had no hesitation in pronouncing both the reason and the rule purely technical, and said that there was nothing of principle left in the rule itself. He therefore held that the payment of one hundred dollars to the attorney instead of the judgment cred- itor, was a sufficient consideration to take the case out of the rule. " I am aware," he said, " that this is an exceedingly technical and unsatisfactory rea- son, but its justification is found in the fact that the plaintiff seeks to escape from his solemn engagement, by which he has obtained money from the defend- ant by the aid of a technicality. To prevent the consummation of such a fraud, he is met with technicalities nearly as absurd as that upon which he insists." A somewhat different illustration of the view which the court took of the force of the English Common Law, which also shows the effect of Judge Banney's early life upon the formation of his opinions, is found in his opinion of cattle running at large. (C. H. & D. B. B. Co. vs. Watterson, 4 O. S. 424.) After holding that before any statutory inhibition the owner of domestic animals was not in fault in suffering them to run at large, he said : " I am aware that this is flatly opposed to the common law doctrine upon the subject, and if the rule of the common law was enforced in this State it would be entirely inadmissible; but it is not in force, and it is not in force because, in addition to being utterly inconsistent with our legislation, it lacks all the essential requisites that give vitality to any principle of the common law and is opposed to the common understanding, habits and even the necessi- ties of the people of the State, fndeed, with the strict enforcement of such a rule the State could never have settled. The lands were all heavily timbered, and the introduction of domestic animals, from the scarcity of herbage, requir- ing a wide range for their support, became indispensable before the forests could be removed, ft would have been a novel proposition to a sturdy pioneer, when he listened in the morning for the bell that indicated where the oxen that had hauled his logs together for burning might be found, to have told him that his cattle were trespassers on every other man's unenclosed land upon which they might have fed during the night ; or that he could plant corn without enclosing the ground, and sue his neighbor whose cattle had eaten it up." The tendency of the court in Judge ftanney's time to sustain the title of occupants of land under generally acknowledged titles whether strictly legal or not, as against those who sought to gain possession under technical rights after the lapse of years, is shown by his opinion in Lessee of Blake vs. Davis (20 Ohio, 231). The title of the plaintiff came from a married woman. The title of the defendant came through an administrator's sale which had no validity. An allotment had been made by the trustees of the district known as the Ohio Company's Purchase, and the plaintiff claimed that the woman who was his grantor was entitled to the benefit of the presumption that a deed had been delivered in pursuance of the allotment. The court conceded that the claim was well founded if the plaintiff was in a position to avail himself of it ; but after a careful review of all the authorities Judge Banney said that the whole doctrine rested upon the idea that titles and possessions are to be quieted, not disturbed by it ; that right and justice are protected in its applica- BENCH AND BAR OP OHIO. 77 r tion, not injured ; in short, that it is only what ought to be done that can be considered as done. Referring to the plaintiff's grantor, he added : " She has no legal advantage, but now seeks by presumption to get it. To get it she must present an honest, not a technical case. She cannot in honesty take this land from the occupants while her father's estate was relieved by the very money that paid for it, and when she has acquiesced in the action of the admin- istrator for more than half a century. I know it is said that she is a mar- ried woman, but I have yet to learn that even a married woman has a right to do a wrong. We take from her none of her rights ; we only prevent her from taking the rights of others." It was Judge Ranney who pronounced the opinion, reviewing all the authorities in England and America, in which the rule was settled for Ohio that the transfer of a negotiable promissory note secured by mortgage on real estate to a bona fide endorsee, does not entitle the holder to foreclose the mortgage when it appears that both note and mortgage were obtained by fraud. (Bailey vs. Smith, 14 O. S, 396.) " Mortgages," he said, " are not necessities of commerce ; they have none of the 'attributes of money ;' they do not pass in currency in the ordinary course of business, nor do any of the prompt and decisive rules of the law merchant apply to them. They are 'securities' or i documents for debts,' used for the purposes of investment, and unavoidably requiring from those who would take them with prudence and safety, an inquiry into the value, condition and title of the property upon which they rest; nor have we the least apprehension that com- merce will be impeded by requiring the further inquiry of the mortgagor, whether he pretends to any defense, before a court will foreclose his right to defend against those which have been obtained by force or fraud." Perhaps the decision of most far-reaching influence and importance in every-day practi- cal affairs which he ever delivered, was in the case of Railroad Company against Keary (3 O. S., 201), which elaborated and made effective a rather weak decision of Judge Caldwell in 20 Ohio, 314. The latter held that when a,n employer places one person in his employment under the direction of another also in his employment, such employer is liable for injury to the person of the servant placed in the subordinate position caused by the negligence of his superior. Judge Ranney in the case of Keary, with the unanimous con- currence of the court, declared the rule and the principle thus tersely : "No one has the right to put in operation forces calculated to endanger life and property, without placing them under the control of a competent and ever- acting superintending intelligence. Whether he undertakes it, or procures another to represent him, the obligation remains the same, and a failure to comply with it in either case imposes the duty of making reparation for any injury that may ensue." W. S. Kerruish contributes the following from his personal recollections: " I was a law student in the office of Backus & Noble at the time Judge Ranney removed from Warren to Cleveland and became the head of that firm in 1857, after his first resignation from the Supreme Bench. Not long there- after Mr. Backus was chosen as the Republican candidate for Supreme Judge 78 BENCH AND BAR OF OHIO. of the State, and the Democratic party selected from the same office as its can- didate for the same Bench, Judge Ranney. It was said at the time that these candidates were both alike not only surprised, but, also each disappointed, at the result of the subsequent election — Mr. Backus at being defeated, and Judge Ranney at being elected. My knowledge of him began upon his accession to the. above named firm. He was then in his early prime. Though compara- tively } r oung, he had already attracted the attention of the Bar of the State for the grasp and vigof of his mind, for the marked ability with which he dealt with constitutional questions, and for his extraordinary judicial force and clear- ness. Anterior to his elevation to the Bench, as one of the younger members of the constitutional convention and as one of the most active of the com- mittee on judiciary in that body, the marked ability displayed by him in counsel and debate may be said to have first challenged general attention. Judge Peter Hitchcock, himself a member of that body and having for nearly a generation been an occupant of the Supreme Bench of Ohio, in the light of young Ran- ney's capability, and the constructive character of his talent, then prophesied that his young Democratic colleague would one day be the leader. An exam- ination of the two volumes containing the proceedings and debates of the con- vention will disclose that although in the first part of those proceedings Ranney's appearance was unfrequent — he was a modest man — yet before their deliberations were half ended he appears to have found his place, and the con- vention to have found its man; and the result is that the admirable judicial system imbedded in our Constitution to-day bears the marks of no other man's genius so visibly as it does that of Rufus P. Ranney. ' So much by way of introduction, and as the background of a few impressions made on my mind by him when he took his place in the office of Backus & Noble. I was less brought into contact with him, he being the leading member of the firm, and to some extent a stranger in the city, than a law student under similar circumstances might be at the present time, perhaps. As I remember it he was not especially communicative or effusive. I do not mean that his manner was repellent, or that he was difficult of accessor unduly dignified ; but the impression the average young man would get of him in those days could be expressed as follows : ' There's a man who can tell us all about it ; but state your point clearly, avoid all circumlocution, nonsense, and irrelevancy, and he will tell you all about it." There were old friends — friends of his earlier prac- tice, Judge Spaulding, Judge Tilden, Judge R. F. Paine, and others — with whom he delighted to unbend himself, and they often met, and notwithstand- ing the gravity and dignity of the interlocutors, the wit and banter and merri- ment and good humored personality, long to be remembered by the listener, would equal the best pages of Noctes Ambrosianas, and Judge Ranney was not behind any of them. I have an experience of his wonderful tact and deli- cacv in encouraging a beginner. It fell to my lot at the commencement of my practice to defend an old gentleman for a felony in which, if there were pretty strong symptoms of technical guilt, there was at least the mitigating circum- stance of ignorance and inexperience ; and my client, becoming alive at last to the gravity of the situation, suggested that I get additional counsel. I selected Judge Ranney. He took the second place at the trial table, and not- withstanding my protest, firmly but courteously declined to take the first place. He omitted nothing, however, by way of suggestion, but clothed every sugges- tion with such outward circumstances of deference to his young associate as to carefully conceal any consciousness on his part of my inexperience or his superiority. In this his art in concealing art seemed to me perfect. In his argument, whether to court or jury, in the one respect so many seem to me to BENCH AND BAR OF OHIO. 79 fail, namely, observance of the due proportions of things, he had no superior. It was not his habit to come into court loaded down with books — one or two authorities, in which the principle was enunciated, generally sufficed him. His reasoning was masterly, and if his premises were admitted it was exceed- ingly difficult to escape his conclusions. He never indulged in the habit of dwelling on unimportant things. He never wearied the listener with com- plicated details about irrelevant matter. He saw the real issue at a glance, and dealt with it directly. The most marked characteristic of the man was his wonderful power of perception. I am unable to give instances ; but what otner men attain to b}^ much study and the comparison of many data he appeared to arrive at instinctively and instantaneously. I have seen him come into the court room and, casting a. quiet glance around among the persons present, he would seem to have divined in some mysterious fashion not only what had been going on, but what was in contemplation, almost as well as some others could ascertain the same facts by half an hour's cross-examina- tion " In the course of a public address at the " Old Roman " banquet Judge Thurman thus referred to him: ■■ For forty years I have been a devoted -friend of Rufus P. Ranney, and I firmly believe that he has been mine. It may therefore be permitted to me to say that of all the great lawyers I have ever known, no one ever seemed to me to be so happily constituted for the office of a judge as Rufus P. Ranney. With the quickness of apprehension almost supernatural, with the power of analysis that Pascal might have envied, with an integrity that never for a moment was or could be brought into doubt, with a courage that never per- mitted him to fear to do what he believed to be right, with an industry that brought all his great qualities into successful operation, and with a mind culti- vated beyond the sphere of his profession, he is, in the eyes of those who know him as I know him, a man of whom Ohio is and always will be most justly proud. He is a star in her firmament that will never be blotted out." Judge Ranney never sought to appear learned, but rather to adapt his argument to the comprehension of the weakest member of the profession and of a layman. The course of his reasoning is readily followed to a conclusion which is impregnable. His style is charming, his choice of words felicitous. Clearness of expression is matched by purity of diction. His opinions are not more noteworthy for the soundness of the conclusions reached than for the beautiful simplicity of the language in which they are clothed. His tastes were simple and domestic. His home life, in its affection, confidence and constancy, exhibited the gentler traits of his strong character. His attach- ments to wife and children were of the tenderest and most enduring quality. He married Adeline W. Warner, who at the age of seven t3 T -eight survives and is greatly beloved. Mrs. Ranney was a daughter of Judge Jonathan Warner, of Jefferson, Ashtabula county, who was an associate judge of the Common Pleas, and one of the pioneers of the State. Their family consisted of six children, four sons and two daughters. Both daughters and two of the sons are dead. One son, John R. Ranney, was educated in the law, but is not now engaged in practice. The other son, Charles P. Ranney, is a successful busi- ness man of Cleveland. 80 BENCH AND BAR OF OHIO. WASHINGTON W. BOYNTON, Cleveland. Honorable W. W. Boynton, ex-judge of the Supreme Court, was born in Russia township, Lorain county, Ohio, on the 27th day of January, 1833. His father, Lewis D. Boynton, a farmer, came to Ohio from Maine in 1826, settling in that township. He cleared a large portion of the land in Russia township. In the early times he was a brigadier general of militia and took an active interest in public affairs. On the paternal side Judge Boynton is a direct descendant from Sir Matthew Boynton, who was created a baronet on the 25th of May, 1618, was a member of the English Parliament in the reign of Charles I. and sided with the Repub- licans during the civil wars. His second son, Matthew, who married Eliza- beth, daughter of Robert Stapleton, came to America about 1632, settling in New England. His mother, Ruth "Wellman, was born in the State of Maine. She was of English extraction, her ancestors also settling in New England at an early date. Washington's education was in the common schools and later in the academy, known in those days as the select school. He did not have the advantage of a collegiate education. At the early age of sixteen he com- menced teaching school. He taught during the winters at first, and from 1855 to 1857 a select school in Amherst township. During this period and for some time thereafter he was the examiner of teachers for Lorain county. From his earliest boyhood the neighbors used to say he was cut out for a lawyer, and he took to the profession naturally. Thus, having a taste for the law, he commenced its study during the time he was teaching, under the direction of his uncle, Elbridge Gerry Boynton, who was a prominent lawyer. While teaching he was admitted to the Bar, but did not regularly take up the practice of law until 1858, when he moved to Elyria and formed a partnership with General Sheldon. In 1861 General Sheldon went into the army, so this partnership was dissolved. From the spring of 1859 to the fall of 1863 he was prosecuting attorney for Lorain county. During his term of office he formed a partner- ship with John C. Hale, then a promising young attorney. This partnership also continued but a short time. As the subject of this sketch was in ill health, he was compelled to give up his practice and go west, young Hale becoming prosecuting attorney. His health having become practically restored, he returned home and formed a partnership with L. B. Smith. This partnership continued until February 9, 1869, when Governor R. B. Hayes, afterwards President of the United States, appointed him judge of the Court of Common Pleas for the Fourth Judicial District, comprising the counties of Lorain, Medina and Summit. He remained on the Common Pleas Bench until Feb- ruary 9, 1877, when he took his seat on the Supreme Court Bench, having been elected at the fall election of 1876. He discharged the duties of justice of the Supreme Court for nearly five years when, again, owing to ill health he was forced to resign. He came to Cleveland, but his reputation as a great jurist and lawyer preceded him ; so on opening an office he found plenty of clients. His practice grew so rapidly that he soon realized the necessity of assistance and he invited his former partner, Judge Hale (who had succeeded him on the Common Pleas Bench), to become his partner. After due consideration / BENCH AND BAR OF OHIO. 81 Judge Hale decided to accept, and tendering his resignation as judge of the Fourth District, he came to Cleveland, and the firm of Boy n ton & Hale was formed. Their practice was a very extensive one. They were interested in many of the most important cases tried in this county. In 1888 the firm became Boynton, Hale & Horr, continuing so until Judge Hale was elected to the Circuit Court Bench, when it continued as Boynton & Horr. January 1, 1897, Judge Boynton retired from the firm and he is now devoting himself to the trial of special cases, and assisting other lawyers in the trial of causes involving important legal questions. Few men at the Ohio Bar are better suited and equipped for this character of practice. His long experience acquired on the Bench and from his active general practice, coupled with an extraordinary legal mind, makes him to-day an acknowledged leader at the Bar. Judge Boynton has always been a great student, devoted to his profes- sion ; has a wonderful memory, a quick mind, a thorough knowledge of the law, and the faculty of recalling the particular decision applicable to the ques- tion at issue. These qualifications make him especially happy in the trial of cases. He is indeed a great advocate. His management of the trial of a cause is superb; like a great general, he is quick to see the weak points and to reinforce them before it is too late. As a man, jurist and lawyer he is free from those fixed prejudices which so frequently keep the brilliant down. Loyal to his friends, just in his dealings, he commands the respect and confi- dence of all. In politics he is a Republican, always taking an active interest in questions affecting the good and welfare of the people. In 1865, '66 and '67 he was a member of the Ohio legislature and it was he that offered the resolution to strike the word " white" from the provision of the State Consti- tution regulating the right of elective franchise. The resolution met defeat in the House on the first vote. A similar resolution was afterwards introduced in the Senate, and passed, came back to the House and after a bitter fight was adopted and went before the people at the ensuing State election, and the Democrats on this issue defeated the Republicans by more than 40,000 majority. It was this more than anything else that sent Allen G-. Thurman to the United States Senate. Shortly afterwards Congress amended the Consti- tution, and the question of franchise was settled for all time. Judge Boynton married Betsey A. Terrill, who was born in Ohio, but of an old Con- necticut family. They have never had any children. Mrs. Boynton is living. FRANKLIN T. BACKUS, Cleveland. It is a common reflection that the fame of great lawyers is of fleeting duration. Unless elevated to high judicial station or made conspicuous by distinguished political service, the mere lawyer — no matter how learned or accomplished — dies, and the memory of his great deeds and eminent services soon fades away and is forgotten. Ohio has had her proportion of great lawyers, and her most prominent sons have taken their rewards in the highest honors of the nation. We recall a goodly 82 BENCH AND BAR OF OHIO. assembly of these men : Justice John McLean, a model of judicial dignity and learning; his noble presence, benignant countenance and gracious manners won for him the regard of all who came within his influence. There was Thomas Ewing, towering above all his fellows in height, breadth and intellectual power, the undisputed head of the legal profession in our State. Here was Corwin, that genius whose silver tongue, unrivalled powers as an orator and statesman, made him the idol of the people. Here was the grand and graceful person of Henry Stanbery, tall as a cedar, dignified, courteous in manner, a face remarkable for refinement and manly beauty. From Lancaster came Hocking H. Hunter, a pattern of judicial integrity, beloved and honored by all who knew him, for his abilities and virtues. From Cincinnati, Judge "Walker, Judge Storer and Salmon P. Chase, who closed his great and useful career as Chief Justice of the United States. The members of the Bar of Cuyahoga, at the time Mr. Backus came to Cleveland, held high rank with their brethren throughout the State. It is onlj' necessary to name Sherlock J. Andrews, Moses Kelly, Horace Foote, Charles Stetson, Samuel B. Prentiss, Samuel Williamson, Henry B. Payne and Thomas Bolton, to realize how strong was the intellectual and moral force of the Cleveland Bar. These men, with many others worthy to be named with them, were for nearly forty years leaders of the profession. They were men of liberal education, careful training, great industry, and remarkable in any age for talents and varied learning. They all won high distinction as lawyers and citizens. It was in 1836 that Mr. Franklin T. Backus came to Cleveland and began the study of law. He brought his fortune with him in a fine, manly person, a most engag- ing countenance, a clear, discriminating mind, ambition for success, persistent industry, a stainless character, the best education Yale College could give, inflexible honesty, which, through a long and active life, was never questioned, and talents of superior order. He was born in Lee, Berkshire county, Massa- chusetts, May 16, 1813. While Mr. Backus was quite young his father removed to Lansing, New York, where he soon died, leaving the widow and several children with but scanty means for support. His parents were of the Puritan race, and young Backus was carefully trained in the religious faith of his ancestors. He early took upon himself the hardy labors of the farm that he might aid his mother in her necessities, and he often spoke of this period of his life, when he laid the foundation of that vigorous constitution which in after years enabled him to bear the greatest mental toil with endurance that seemed to know no limit. But as the youth grew toward manhood his early desire for knowledge became the mastering passion of his life, and he deter- mined to acquire a thorough classical education. In a comparatively brief period he fitted himself for the Junior year and entered this class in Yale Col- lege, after a careful examination, in 1834. He graduated two years afterwards with so much distinction that he was at once tendered the position of assistant professor of mathematics in that institution. For a time after his arrival in Cleveland, Mr. Backus supported himself by teaching a classical school, and soon afterwards entered himself law student in the office of Bolton & Kelly. BENCH AND BAR OF OHIO. 83 He was called to the Bar in 1839, and almost at once attracted the attention of the public, and entered upon that successful practice which became larger and wider until the close of his useful, honorable life. In 1841 he was elected prosecuting attorney of the county, was re-elected and served with special ability, gaining the esteem of the public and the Bar. In 1846 he was elected a Whig member of the Ohio House of Representatives. In 1848 he was elected to the State Senate, where his unusual talents, force of character and fitness for the position, made him prominently named as a suitable candidate for the Senate of the United States. He was afterwards nominated, both for member of Congress and judge of the Supreme Court of Ohio, by the Repub- lican party, and failed of election only because of the non-success of his party in those years. In 1840 he made a law partnership with Honorable J. P. Bishop, which continued fifteen years. On the election of the latter to the Bench, Mr. Backus became the partner of Judge Rufus P. Ranney, the eminent lawyer and jurist, and the firm of Ranney, Backus & Noble became widely known and respected as any in the State. Afterwards he was a partner of Mr. Estep, and continued in this relation to the time of his death. The high standing Mr. Backus held in the esteem of the people as a lawyer was indicated by his being chosen once by the Whig party and once by the Republican party as a candidate for Supreme Judge. In 1861 he was appointed by Governor Denison a delegate to the peace conference, which met at Washington on the 4th of February. His associates were Salmon P. Chase, Thomas Ewing, William Groesbeck, Reuben Hitchcock, V. B. Horton and Christopher P. Wolcott, the latter being appointed to take the place of John C. Wright, who died soon after reaching Washington. In 1864 Mr. Backus, who for years had been a distinguished leader of the Republican party, became dissatisfied with the administration in regard to the management of the war, and greatly to the distress of his immediate friends, gave his support to General McClellan for the Presidency. In 1866 he was one of the delegates to the National Convention at Philadelphia to form a new party. In 1868 he was the nominee of the Democratic party for for Congress in the Cuyahoga district, but was of course defeated. Per- haps no higher tribute can be paid to the memory of Mr. Backus, and prove the genuine respect all men had for his integrity of personal character and pure life, than the fact that while Mr. Backus changed his political associ- ates, and gave his great influence to the party he so long had opposed, and at a time when party spirit was the most bitter ever known in modern times, no man was found to doubt his absolute good faith in pursuing the line he regarded as right, and that he w r as acting from the most conscientious sense of duty and honor. It was evident from the time Mr. Backus came to the Bar that he was destined to achieve success and distinction. He was a man of warm, generous impulses, of pleasing address, quiet, unostentatious manners, persevering application, a man who could wait as well as work. He had an ardent love for his profession, a mind trained to close, patient study and pro- found reflection. His industry was tireless. He was not a genius, and leaned 84 BENCH AND BAR OF OHIO. for success on none of the arts or tricks by which popular applause is some- times gained ; but slowly, logically, with methodical labor and painstaking diligence, pushed himself to the very front rank of the Bar of Ohio. The firmness of his character, love of truth, rigid honesty, and the trust all men had in the purity of his life, gave him vast influence with court juries. The cause of his client was a solemn trust. He gave to it all he had of learning, influence and power. Neither his health, comfort nor inconvenience was allowed to interfere with what he regarded as his first duty. Courteous, genial and kindly at the Bar, treating his brethren with unaffected friendship of manner; yet if he felt his client was unjustly treated by Bench or lawyer, the sleeping lion was aroused on the instant. At once the quiet, modest man bristled at all points, like a warrior ready for battle ; and his weapons of offense and defense were ready at the moment. In the preparation of his case nothing escaped his scrutiny. The law and facts were fully known to him. If he lacked the faculty of brevity and conciseness in his argument, he never left his case until he had demonstrated every point, answered as far as possible every objection. When he concluded an argument the whole field had been actually explored. The judge had been told the law, the jury the evidence and the facts. Over juries he had great influence, not because he was brilliant, magnetic or eloquent, but from the confidence they placed in the integrity of the man. They thought his love of justice was superior to his desire for success, that he tried to do right, that he never sought to gain his causes by practicing in any manner deceit or art, but always appealed to their sense of justice and fair dealing. Juries are often carried away by the charms of a silver tongue, but the great success Mr. Backus achieved as a jury lawyer came from his sound sense, patient study, real candor, a belief in the worth of a man, his powers of persuasion, indomitable will and exhaustive knowledge of the subject before him. No man could look at Mr. Backus for a moment without realizing that he was a man of great natural intellectual powers. But he owed all his success in life to honest industry and hard work. His memory was tenacious, and in after years the stores of knowledge he had acquired as a student became a mine of useful wealth. That which he knew he knew thoroughly. He was wise in all departments of the law ; as a safe, prudent, sound counsellor he had no superior. All classes of society trusted him alike. As Judge Ranney said of him, "he was more resorted to for advice in important matters than any other member of the Bar in Cleveland." For many years he had the most lucrative practice in the county. In the later years of his life he was the leading lawyer in all special matters where the vast interests of railroads were concerned, and he had much to do in fixing the principles of the law which have since governed the courts in our State in regard to these great corporations. Those who attended the trial many years ago of Brooks, who was prosecuted for murder, for placing obstructions upon a railroad track, whereby a train was wrecked and persons killed, and heard Mr. Backus, in his remarkable speech, sum up the law and the facts against the prisoner, felt that a master of the criminal law was addressing the jury. As BENCH AND BAR OF OHIO. 85 he welded with invincible logic the links in the chain of guilt around the prisoner; as he took circumstance after circumstance, slight and delicate in themselves alone, fitting them together with the highest skill and mathemat- ical certainty, there was a feeling all over the court room that the doom of the prisoner was fixed as fate. The judge was deeply moved and profoundly interested. The jury scarcely stirred, so absorbed was their attention. As the waning day brought almost twilight gloom into the court room, as the crowded audience listened with painful silence to ever}' word that was spoken, as Mr. Backus, solemn, earnest, in the prime of his vigorous powers, crushed the hopes of the prisoner, darkness did indeed seem to settle upon the miser- able man, and the hope he had relied on — that no eye had seen his crime and no confidant shared his guilt— faded away, and he saw the awful doom of the outcast and murderer to be his own. The jury found the defendant guilty of murder in the second degree, and he was sentenced to imprisonment for life. He lived to extreme old age, a solitary, aimless, hopeless being, dying years after Mr. Backus had been buried from our sight. This trial gave Mr. Backus special distinction. His wonderful knowledge of the minutest facts, his famili- arity with all the criminal law applicable to the case and the evidence, the ability he displayed in tracing the motives, the conduct and the thousand little circumstances that went to make the guilt of the prisoner, won for him deserved commendation. Perhaps never in the history of our courts did an advocate have so grand an opportunity of displaying those high qualities of mind and heart as did Mr. Backus in the trial of the Oberlin rescuers. The slave law then dominated the Republic, and the courts of the United States were specially active in obeying its demands. In these cases the government was pushing with all its mighty power the prosecution of the prisoners, and had given orders to secure their conviction by all means known to the law. These Oberlin prisoners were not of the criminal class — the} 7 were men patri- otic, educated, humane. They had assisted a panting fugitive to escape his pursuers, and their crime was to be punished with, the penalties of the law. We can do no better than to quote from an article written some years ago by the present writer, in regard to these trials : " I well remember when the Oberlin rescue cases were on trial, and the attempt was made by the government to try all the prisoners before the same jury that had just convicted one of the defendants. Then to me Mr. Backus displayed those high qualities of the lawyer and advocate which made the celebrated lawyers of the seventeenth and eighteenth centuries the idols of the down-trodden populace. In these days we can scarcely understand the courage necessary in an advocate, who was resisting being crushed, and opposed by all the powers of a great and mighty government. But Mr. Backus was equal to the occasion. No more could judge or marshal or pros- ecutor shake the firmness of that iron-hearted man than kingly power could overwhelm and silence the noble Brougham, when before the parliament of Great Britain he defended, with consummate skill, learning, firmness and ability, the cause of the unfortunate and deeply injured Queen Caroline of England. There he stood, in the prime and vigor of his splendid manhood, almost single-handed, fearless and undismayed — inspiring courage in the 86 BENCH AND BAR OP OHIO. weakest heart and making the government tremble for the success of its prosecution, betraying great discretion and circumspection, and finally com- pelling the court to give a new jury and the semblance of a fair trial to the parties." Perhaps the most striking feature in the character of Mr. Backus was the moral courage of the man — the firmness at all times and under all circum- stances to act as his convictions of right and duty urged him. He was eminently conservative, and bred a lawyer; he held " the Constitution and the laws, made in pursuance thereof," as his chart and compass. Hence came differences of opinion with the political party he had so long served, and the severing of almost fraternal ties that had so long bound him to his political associates. But if he felt he was right, neither the applause nor the frowns of men, his dearest interests, his personal happiness nor ambition's hopes, were allowed to stand for a moment in the way of duty. He was of that class of men who in early days preferred the block and the executioner to the sacrifice of principle and dearest convictions. He was outspoken in his views of duty — despised all dissimulation — but no more loyal heart or sincere lover of his country ever lived or died. The hearty, cordial, upright nature of the man had made him widely honored and beloved in the city where he was best known. Confidence was given him as a matter of course, and his faithfulness and sincerity were never doubted. His word and bond were alike inviolable. There was something grand in the quiet, unobtrusive way he won the regard and esteem of his fellow men. Simple in all his habits, caring nothing for wealth as a means of personal gratification or display, doing good with a lavish but unseen hand, devoted to his friends, free from guile, and always ready to assist the young and deserving, he had become, at the time of his death, a central figure in the community, and his death was regarded as a great public as well as private calamity. In 1842 Mr. Backus was married to Miss Lucy Mygatt, daughter of the late George Mygatt. Into the home circle, so shattered and destroyed by his early and untimely death, we will not attempt to penetrate. It is enough to say that his sweet and tender nature bloomed in new beauty by his own fireside. There in the peace of domestic life he found his truest and highest happiness, and the richness of his nature, his cultivated intellect* delight in ministering to the happiness of others, made him the idol of the household. His belief in the Christian religion was clear and unclouded and his life testified to the soundness of his faith. He bore with unfaltering patience his last painful illness, and on the 14th day of Ma\% 1870, he departed this life, mourned as few are mourned, crowned with affection of all who knew him. " God's finger touched him and he slept." R. C. Parsons. ^ i BENCH AND BAR OF OHIO. 87 JOHN 0. HALE, Cleveland. Honorable John 0. Hale, the presiding judge of the Eighth Circuit of the Circuit Court of Ohio, was born March 3, 1831, in the little town of Orford, New Hampshire. His father, Aaron Hale, a farmer, and his mother, Mary Kent Hale, were of English ancestry. The forefathers of both came to this country in 1638, settling in New England about the time the great reformer, Oliver Cromwell, began to assert himself in shaping the destiny of Great Britain. His ancestors can well be classed among the American pioneers, and it is from these earlier settlers of our country that the best type of American manhood to-day is to be found. The subject of this sketch obtained his early education in the district schools, and at eighteen entered the academy at Orford to prepare for college. In 1853, at the age of twenty-three, he entered Dartmouth College, graduating with honors in 1857. He immediately came west, settling in Cleveland, where he taught in the pub- lic schools. While teaching he made up his mind to select law as his profes- sion, and at once commenced his preliminary study. After three years he gave up teaching and entered the law office of S. B. & F. J. Prentiss, at that time one of the leading law firms of Cleveland. One year in this office was sufficient to enable him to be admitted to practice. He immediately removed to Elyria, in this State, where he formed a partnership with W. W. Boynton, then a rising young lawyer. This partnership continued only about one year, when it was dissolved, both partners continuing in the practice. Mr. Kale practiced alone, with the exception of his connection with one or two young men at different times whom he associated with him under a firm name to bet- ter facilitate his business, but who in reality were only employed on a salary in his office. In 1863 he was elected prosecuting attorney of Lorain county, holding the office until 1869. During this time he was register in bankruptcy for the congressional district, holding the office until the repeal of the bank- ruptcy law. He was a member of the Constitutional convention of 1872, pre- sided over by Chief Justice Waite. He enjoyed a large and lucrative busi- ness, being retained on one side or the other of almost every important case brought while he was in active practice. In 1868 Judge Boynton was elected judge of the Court of Common Pleas, and from this time Mr. Hale was admit- ted the leading practitioner at the Bar of Lorain county. In 1877 Judge Boynton was elected to the Bench of the Supreme Court of the State, and the subject of this sketch was elected to the vacancy on the Bench of the Court of Common Pleas. Thus began his judicial work which has made him so famous as a jurist in the Western Reserve. He retired from the Bench in 1883, returned to Cleveland and formed a partnership with his old law partner, Judge Boyn- ton, whose term of office as judge of the Supreme Court had expired. This partnership continued without interruption until he was elected to the Circuit Court Bench in the fall of 1892, taking office as associate judge on the 9th of February, 1893, at which time Judge Hugh J. Caldwell was presiding judge, but as Judge Caldwell was re-elected in 1894, Judge Hale became the presid- ing judge under a provision of the statutes that the judge having the shortest term to serve shall be the presiding judge of the court. Judge Hale was noted 88 BENCH AND BAR OP OHIO. in college as a man of most unusual common sense, a close and diligent student. He stood well in his class, which was an able one, having many bright and intel- lectual men, a number of whom have since attained distinction in law, litera ture and politics. At the commencement in 1897 the board of trustees of Dartmouth College conferred upon him the degree of Doctor of Laws. The rare trait of common sense has been one of Judge Hale's most marked char- acteristics, which he has always applied, both as a lawyer and jurist, in all of his work. As a lawyer he is strong and forcible in the trial of cases. He is fortified by profound reading, intellectual originality and human sympathy. He is a hard worker as well as a deep thinker, and takes rank with the first lawyers in the S^ate. In point of learning, clearness of insight and ability to grasp and apply the principles of the law he has no superiors. He is, beyond doubt, the acknowledged head of the judiciary in Cleveland. This is the com- mon verdict of the lawyers at the Bar. In politics he has always been a Republican. Judge Hale belongs to that class of good men whose veracity and uprightness make the earth wholesome. His social disposition and geni- ality of temperament have drawn about him warm friends who find his com- panionship nutritious. His fondness of children is noteworthy and is also a proof of his lovable nature. Wherever he goes in Cleveland the little ones are round about him and his kindness invites their familiarity. They recog- nize in him a gentle friend. This love of children may be intensified by the want of any upon whom paternal affection can be centered. He was married in 1859 to Carrie A. Sanborn, who is living, and there has been no issue of the marriage. He has always appreciated the institution of home, with its duties and pleasures, so much as not to require or seek membership in clubs or frater- nal societies. v SAMUEL B. PRENTISS, Cleveland. Honorable Samuel Blake Prentiss, late of Cleveland, for fifteen years judge of the Fourth Judicial District of the Court of Common Pleas, was born in Montpelier, Vermont, in January, 1807. He was the son of Judge Samuel and Lucretia Houghton Prentiss (his middle name was that of his fathers old preceptor in law), and was the oldest of twelve children, of whom eleven were boys. He was the eighth generation in descent from Captain Thomas Prentiss, who won great distinction in some of the early wars, notably that of King Philip in 1676, when he commanded a troop of horse. His father, nearly all his life in public service and faithful and atten- tive to duty, left the care of the children mainly to his mother, who was indeed a very superior and competent woman, as a housewife at home, as a lady in society. Either in Montpelier or Washington, as a woman of efficiency and judgment, in care of so large a family of sons, she was equally capable. Her mildness and force and good sense were beyond praise, and her sons have deemed her perfect. The ten sons grew to manhood ; all but one practiced law ; that one was clerk in the United States Court, of which his father was judge. Samuel Blake Prentiss had, when a boy, such education as Montpelier BENCH AND BAR OF OHIO 89 afforded, and later went to the University of Vermont. The burning of that college ended his academic education. He received, however, an education by heredity — for few men had so much by nature — such mental qualities as usually result from a severe and careful education. He studied with his father and remained in Montpelier in practice until the year 1840. His father in early years was judge and Chief Justice of the Supreme Court of Yermont, and a few years afterwards was in the United States Senate for two terms, until the year 1840. Samuel B. had not only a fine and accurate early school- ing, but an opportunity for responsible practice while his father was in Wash- ington. In 1840 his father was made United States judge for the district in which he lived. A younger brother, Frederick J., still kindly remembered by many old citizens of Cleveland, had come to Cleveland in 1839, and urging the step was joined in 1840 by his brother in a business long and successfully con- ducted, under the firm name of S. B. & F. J. Prentiss, except during the years 1854 and 1855, when Mr. John T. Newton, now of Toledo, was a partner. This firm was broken in 1861 by the retirement of Mr. F. J. Prentiss, who became clerk of the courts. Mr. S. B. Prentiss then took into partnership Charles Candee Baldwin, formerly a student in his office. The firm continued for six years, until 1867, when Mr. Prentiss was elected to the Bench of the Cuyahoga Common Pleas, and he was twice re-elected, the last election being just before he reached the age of seventy years, and he entered upon his third term of office when past seventy. Judge S. B. Prentiss in 1840 made some polished Whig speeches, but thereafter took little public part in politics. He devoted himself closely and with affection to his profession, taking a hearty interest but very modest part in public affairs. He was a quiet citizen, but always performed very conscientiously the duties of citizenship. He took a great and intelligent interest in the late war. He even expressed, in the early part of the war, a desire to enlist. Being then and generally rather feeble, he modestly said he could not march very well, but he could shoot. He never held public office, except that of judge. His life offers little of adventure or little out of the ordinary save his character, and there, where so many eminent men fail, he was conspicuous. He was remarkably well fitted for his work. His mind was always acute and accurately logical. Apparently his hard work was easily done. He advanced in a difficult or complicated case step by step, each finished ere the next was determined. With him, more than with any other lawyer at the Cleveland Bar, law seemed like logic. He was known as a remarkably safe counsellor and safe in his presentation of cases. Though personally modest and retiring, indeed to yielding his own personal claims, he was most tenacious on the rights of his client and the merits and fate of a law suit — a training, by the way, infrequently gained in the legal profession and a very high praise to deserve. He was much urged to accept a place on the Bench in 1862, but declined. Four years later he accepted and continued in the office until he was seventy-five years old. To the present generation he is ohiefly known as a jurist. His mind and disposition were very favorable to his excellence. He inherited mental discipline. His first American ancestor, 90 BENCH AND BAR OF OHIO. Captain Thomas Prentiss, of King Philip's War, had for his service therein "the Pequot County," in Stonington, Connecticut. His descendant, Colonel Samuel Prentiss, was in the Revolution and a man of public affairs. His son Samuel was an educated and skilled physician, who settled in Massachusetts. The third Samuel born in Stonington was the father of Samuel Blake. This formed quite a line of professional men. The characteristics of the father, Judge and Senator Prentiss, were very marked, even to peculiarity. He was a judge remarkable for the accurate logic and solid good sense of his opinions. A few years ago Honorable E. J. Phelps, erstwhile United States Minister to England, delivered in the legislative hall of Vermont a discourse upon Judge Samuel Prentiss, which it is impossible to read without seeing in it a picture of the son. Mr. Phelps said : " Prentiss carried the scales hung on a diamond point, fit to weigh the tenth part of a hair ; so conscientious was he, so patient, so thoughtful, so considerate, so complete in his knowledge of every principle and every detail of the law of the land, when he held up the scales he not only weighed accurately, but everybody felt that he weighed accurately." Judge S. B. Prentiss bad also a remarkable faculty of making the losing lawyer feel that the decision was correct. His opinion had the sound of mathematical accuracy. While he was on the Bench, he adorned it both by his learning and by his manners. His patience was perfect under all circumstances. His man- ner was very dignified, yet gracious and kind, and he was very greatly a favorite with younger members of the Bar for these reasons. While all sub- mitted cases to him with great confidence, there was never any suspicion that he might be swayed even by prejudice. His ruling was marked by great gentleness. Although he never seemed strong, he had great vitality, and at a very advanced age slowly failed, dying at last slowly, and with much less dis- comfort than he had previously suffered, at one o'clock p. m., on Tuesday, the 27th day of November, 1894. On April 14, 1851, Judge Prentiss married Jane Atwood, daughter of Warren and Janett A. Russell, of East Haddam,. Connecticut, and by the union had two daughters, one the wife of J. D. Cox,. Jr., son of ex-Governor Cox, and Lucretia J. Prentiss. The following beauti- ful tribute is from Judge Samuel E. Williamson : "Although Judge Prentiss has been withdrawn from active connection with his profession for several years, his death brings personal grief to every lawyer who knew him on the Bench or at the Bar. I have no very distinct recollection of him as a practicing lawyer, as he became a judge at the request, of substantially the whole Bar when I was a student. The first event which attracted my attention to him was his vigorous attempt to secure the resigna- tion of a public officer who, in his judgment, had been false to his professions made when he was elected. I believe he failed to secure the united support of his associates at the Bar, and it is not now important to decide whether the attempt was wise or not, but the incident serves to indicate to those who knew him only in later years not only his patriotism but his intense devotion to duty. Once convinced that duty demanded a certain line of conduct, no per- sonal sacrifice could turn him from it. Indeed it was duty that guided and controlled his life. It inspired him in his work, which was so completely and conscientiously performed that it gave him the relief from pressure so essential. » BENCH AND BAR OF OHIO. 91 to every lawyer burdened with the cares of others. He said once that he had, when a cause had been submitted to the court or jury, no further anxiety or uneasiness about it. He had done his duty and that ended his responsibility. It is not strange that such a man should outlive most of his contemporaries, and that the affection of his associates and the respect of the whole community should follow him in his retirement and remain with him to the end. It is as a judge that he is best remembered by the Bar of the present day. If ever legal learning, judicial temperament and absolute integrity were united in a single man it was in Judge Prentiss. He came to the Bench with every advantage that could be given by birth, education and experience. But they would have been of little avail to arouse the tender memories which enshrine him in our hearts to-day without the con- spicuous purity which made it impossible for the worst defeated litigant to doubt it, and the kindness which took the sting from the most adverse opinion. I have heard it said that he was born with a hot temper, but if so, no man ever had his temper under such complete control. Those who knew him well were aware that he had strong and clear views upon most subjects of common interest. But no opinion or prejudice ever had the least influence in preventing the calm consideration of every case upon the law and testimony. Wherever these led him he followed. If argument ever worried him he gave no sign of it A f u 1 i hearing he never denied or avoided. His practice in this respect was probably the result partly of a desire to hear all that could be said, partly of his boundless kindness. I have seen him sit for hours with perfect calm- ness and listening to a flood of bombastic rhetoric without a thought which could aid him. Lawyers have made propositions in coming before him Avhich would have called out an indignant outburst from any other judge, but he heard them patiently to the end and then in the calmest tone disposed of them by the application of legal principles. The most severe reproof that counsel engaged in a personal altercation ever received, was the statement that court would be adjourned to facilitate a proper trial of the case, but you may be sure that there was no occasion to repeat the reproof. I think it is the memory of this uniform kindness which won them. All else dominates our thought of him to-day, and brings mourning and pain to the hearts of those who have not seen this loved and venerated judge for years." HENRY CLAY RANNEY, Cleveland. The subject of this biography is a native of Ohio, of Massachusetts ancestry on both sides. He sprang from the union of two historic families, distinguished in the annals of New England and Ohio. His father was Elijah W. Ranney, a successful merchant and the oldest of the three brothers, Elijah W., Rufus P., and John L. Ranney. His mother was Levana L. Larcom. He was born June 1, 1829, in Portage county, and bereft of his father when only six years old. At the age of eight he became a member of the family of his uncle, the late Judge Rufus P. Ran- ney, by whom he was educated. His education was limited to an academic course, because it seemed desirable that he should qualify himself for the pro- fession of law, which he had chosen, and become self-supporting as early as practicable. With that object in view he took up the study of the law in the office and under the instruction of his uncle, who was then one of the judges 92 BENCH AND BAR OF OHIO. of the Supreme Court of Ohio. He was admitted to the Bar in 1852 and immediately commenced practice at Warren, in the office of Judge Matthew Birchard. He left Warren in the fall of 1855 to enter into a partnership with his uncle, John L. Ranney, at Ravenna, with whom he was associated until the death of the latter in 1866. He continued practice at Ravenna until 1874, when he came to Cleveland and became associated with his uncle, Rufus P. Ranney (the firm later including Judge Ranney's youngest son, John R.). Since the death of Judge R. P. Ranney in 1891, he has continued in practice alone. His education in the law was not restricted to any single branch or division, but was in fact unlimited in scope. This statement is also applicable to the character of his practice, at least during the first twenty-five years of his membership at the Bar. Latterly the legal business of railroad companies and other corporations has commanded most of his time, and he is now seek- ing to limit or confine his practice to special cases. Richly endowed by the instinctive quality of mind which is the inspiration of a lawyer, and by that happy association of faculties which permits the highest distinction in the pro- fession, Mr. Ranney has not allowed himself to rely upon inspiration or nat- ural endowments. Strong in mental power and resource, he has ever been mindful of the proverb, " Labor omnia vincit." Not only have his intellectual powers been consecrated to the profession, but his time and his energy have been equally and unreservedly devoted to the professional work. He has had the breadth of view to appreciate the immensity, the infinity, of possible achievement in the profession, and the wisdom to understand that perpetual growth is dependent upon perpetual study and investigation. He has given himself with unflagging industry and unfaltering faith to the study and the mastery of all the intricate problems and involved questions presented in the important cases entrusted to him. And in the prosecution of this study he has been actuated quite as much by the purpose to know the real intent and meaning and application of the law, as by the desire to win a particular case. From the year of his admission to the Bar down to the present time, with the exception of a brief period in the army and the time spent in the recuperation of impaired health, he has labored constantly, earnestly and sometimes pain- fully in his practice of the law. Interests of very great magnitude have received his solicitous care ; but whether the financial consideration was large or small made no difference with his devotion to the interests and the rights of his clients. Principle, in his ethical code, has a value inestimable in the money of the realm. Favored from his youth up by associations which tend to the cultivation of a legal mind and the enthronement of high ideals, Mr. Ranney has given his mind and heart with singular integrity to the law. No allurements have been strong enough to tempt bim to turn aside ; noth- ing has prompted a division of his allegiance. And it may be asserted with candor that he has found quite as gratifying recompense in the love of his profession as in its monetary rewards. He is a master of the art and the law of pleading. His pleadings are noted for strength, directness and perspicuity. Anything added would be superfluous, anything elimi- BENCH AND BAR OF OHIO. 93 nated would detract from the force and symmetry of the argument. There is not a word too many or too few. He is unfamiliar with the " tricks" of the trained orator and the specious arts of the advocate, preferring- to convince the court or jury by plainness of speech and the choice of words which will most clearly express his meaning, and the logic which will most powerfully enforce his reasoning. His statements are made in such argumentative form as to seem unanswerable. They are characterized not more by clearness and logic than by candor and earnestness. His own con- victions of right and justice are deep and strong, and he has the faculty of impressing others with them. If one seeks for the hiding of his power and the fundamental resources of his remarkable success in the management of great cases, he will find it in the thorough preparation ; the masterful grasp of all the issues and the powerful influence of his own personality. He is gifted in a high degree with the rare faculty of holding in memory the details, both as to authorities bearing on a given case and the facts essential in proof. The keenness of his insight, the calmness of his demeanor and the equability of his temper are all potential factors in his conduct of a controversy. He understands his cause so thoroughly as not to be surprised by any question which may be sprung during the progress of a trial ; and his self-control is so complete that he is not disconcerted by any interruption. He is permeated with the old-fashioned notion that courts are organized for the purposes of declaring the law and securing the rights of all who appeal to them for redress. In the secret chambers of his private office the substantial triumphs of the great lawyer are wrought out. There he meditates and investigates ; consults the authorities and takes the bearings of his case ; prepares his plead- ings and arranges his facts; presents his motions and arguments ; anticipates the rulings of the court ; even puts himself in the jury box and imagines how the case thus presented would affect his understanding and judgment as a juror. Mr. Ranney is a great lawyer in all the work of preparation. He is a solid lawyer who regards with becoming gravity every interest, every prin- ciple and every right involved in a case, and then applies himself sedulously to the law and the evidence. His methods are peculiarly his own and his strong individuality impresses itself upon the organized courts. His reputation as a railroad and corporation lawyer is not excelled by that of any lawyer in the State, and has extended beyond the borders of the State. Whether as counsel or advocate, he prefers that kind of law business. He is no less distinguished as a man than as a lawyer. His citizenship has endeared him to the people of Cleveland in a very marked degree, because of the fine texture of his mind, his unselfishness and magnanimity. Cultured by wide reading and extended foreign travel, his companionship is charming. Successful by industry and the observance of correct principles of econom}^ in accumulating a competence, he is generous towards the public. Mr. Ranney is at the present time presi- dent of the Cleveland, Canton and Southern Railroad, and a director in the Cleveland Pittsburg Railroad and the Belt Line Railroad. He has been a member of the American Bar Association from its organization, and also a 94 BENCH AND BAR OF OHIO. member of the Ohio State Bar Association. In 1894 Kenyon College con- ferred upon him the degree of Doctor of Laws. He is president of the Western Reserve Historical Society ; a member of the State Board of Chari- ties ; one of the trustees of all the bequests given for the establishment and maintenance of a museum of art for the city of Cleveland, amounting to over $1,500,000. He has always been a patron of the arts, a lover of literature and the legitimate drama. He is a member and junior warden of St. Paul's Episcopal Church of Cleveland, also a patron of Freemasonry and has attained the highest degrees save one known to the order. He has never held political office, or sought the honors that appertain to public station. For a year dur- ing the war he held the position of assistant adjutant general, First Brigade, Third Division, Fifth Corps, Army of the Potomac, and was in the battles of Fredericksburg and Chancellorsville ; resigned in the fall of 1863 and returned to his, law practice. He was married September 19, 1853, to Helen A. Burgess, of Ravenna, who for more than forty years has contributed to the cheerful and genuine hospitality of his home. Of the seven children born to them three are living. The following brief estimate is from Judge H. C. White, of Cleveland : " Mr. Ranney is profoundly read in the common law — always a close student ; holds first rank among lawyers in the State as a sound lawyer; is always faithful to a trust. There is a kindliness about the man that is charming. With his clients he is not only their attorney, but their friend. No man ever lived in Cleveland who more fully had the respect of lawyers and the people of all classes. While he commands large fees, he is also the poor man's friend and lawyer, and if necessary will take cases with- out pay if he feels a wrong is being done. In all his work there is always an innate quality of greatness and goodness that has made him dear to the hearts of the people of Cleveland and all that know him." i JOHN L. RANNEY, Ravenna. One of the brightest and most profound lawyers at the Ohio Bar forty years ago was the late John L. Ranney, of Ravenna. He lives in the memory of those who knew him best as a modest yet conspicuous representative of the class of men whose attainments are self- acquired, who achieve intellectual independence through the exercise of self dependence. Mr. Ranney was born at Blanford, Massachusetts, on the 14th day of November, 1815, and died at Ravenna, Ohio, in 1865. His paternal lineage had its origin in Scotland, and the traits of his character were such as to establish kinship with the noblest of that high principled race. His father, Rufus Ranney, was a farmer in Massachusetts, a pioneer farmer and village merchant in Ohio. His mother was Dollie Blair. The family came west and settled in Portage county in 1822, when the practically unbroken forest afforded a refuge for wild animals and a dangerous abode for the few scattered settlers. The white men first to locate in this western wilderness were not adventurers or speculators, moved by the hope of acquiring sudden fortune to BENCH AND BAR OF OHIO. 95 spend in more luxurious living in New England. They came to subdue the forests and establish permanent homes for themselves and their descendants. They were "settlers," therefore, in the truest and broadest meaning of the word. John L. Ranney was only seven years old when he came with his father's family to the wilds of Portage county ; but he contributed his full share as boy and young man to the hard work of opening and cultivating a farm. The opportunities and advantages were meager indeed, but such as were found he grasped and utilized. The schools of the back woods were not up to the modern standard in system and text-books, but the learning which they imparted appears to have aided in the development of a high standard of manhood, both in morality and intelligence. Mr. Ranney's scholastic educa- tion had its limitations in the primitive public schools of the country and a single year in a school at Ravenna. While performing the duties of clerk in his father's country store he employed the spare hours in reading such text- books of law as he could procure. A little later he took up the study of law regularly at Ashtabula, in the office of his elder brother Judge Rufus P. Ranney, and Benjamin F. Wade, who were associated in partnership. By the application and diligence which characterized his whole professional life, he was enabled to grasp the principles of the law and qualify himself for admis- sion to the Bar in the course of two years. lie passed the examination at Jefferson and was admitted to practice in the courts of the State in 1839. The following year he located at Ravenna and formed a partnership with Daniel R. Tilden, who subsequently removed to Cleveland and served as pro- bate judge of Cuyahoga county for thirty years. Later he was with Ezra B. Taylor. His last partnership was with his nephew, H. C. Ranney, now of Cleveland, and continued until his death. Mr. Ranney was devoted to his profession from the time he began the reading of law books until he was cut down in the noonday of life and the meridian of his powers. He died Febru ary 22, 1866, only rounding out the half century, but his remarkable talents had gained for him recognition throughout the State. That recognition was tersely expressed in a single sentence by Benjamin F. Wade: "He knows all the law there is in the books." Mr. Rannev was indeed a distinguished lawyer, and the distinction was due to his vast and exact knowledge of the law, and his skillful use of it in the conduct of litigation. His transcendent ability as a pleader was known to the giants of the profession with whom he * was called to measure intellect and skill. It is reported as a historical fact, sustained by the records of the courts, that under the old system of practice no demurrer was ever sustained to any complaint drawn by him. His state- ments in argument were as clear and concise as his pleadings. He was always above any attempt to mislead the court or befog the jury. His candor and sincerity commended his speech, and being free from any coloring of specious- ness it had the quality of absolute reliability. The clearness of his argument arose from his complete knowledge of the subject and his felicitous use of the English language. He was able to instruct the court upon any obscure point or involved construction, and he was one of those high-minded lawyers who 96 BENCH AND BAR OF OHIO. recognize the duty of aiding rather than embarrassing the trial judge. His style of delivery as an advocate was earnest and forcible rather than impas- sioned or inflammatory, and he possessed the rare faculty of impressing a listener with the truth of his utterance. He was mentally and morally honest ; his sympathy was large; his sensibilities were quick; his sense of justice was innate and intuitive. He was exceedingly learned in the law and excessively modest in his pretensions. Quiet and undemonstrative in manner, upright in deportment, frank and generous in social intercourse, companionable with all who appreciate nobility of character and rectitude of conduct, genuine in the fiber of his manhood, firm and unyielding in his friendships, he was much loved by that inner circle of men admitted to the fullest measure of his confi- dence and the freest intercourse of his fellowship. He was a good man and a great lawyer. He was at the time of his death president of the First National Bank of Ravenna. Mr. Ranney was married on the 20th day of February, 1836, to Eliza E. Remington, and three sons and three daughters were born of the union. HENRY B. PAYNE, Cleveland. Honorable Henry B. Payne, who died at his home September 9, 1896 ; was about the last of the " Old Guard " of really emi- nent lawyers that made the Bar of Cuyahoga county great. He was of Eng- lish descent through the lineage of his father, while his mother descended from the stock of the great Douglas, Earl of Angus, Scotland. His immediate ancestors dwelt in New England, and his parents were natives of Connecticut. His father, Elisha Payne, a man of remarkable probity, strong character and resolute spirit, left Connecticut in 1795 and settled in Hamilton, Madison county, New York. At this place Henry B. Payne was born, November 30, 1810. He was carefully and thoroughly educated, graduated from Hamilton Col- lege at twenty-two. He possessed in a high degree the innate qualities which are the source of the largest professional success, and his bent was towards the law. His preceptor was John C. Spencer, of Canandaigua, an eminent lawyer and statesman, secretary of war in the cabinet of President Tyler. "While a student of law he formed the acquaintance of Stephen A. Douglas, who was at the same time pursuing his studies with another firm of lawyers in the same town. A close and intimate friendship was formed between the two young men, whose recognized abilities even then were prophetic of the exalted station attained and the commanding influence exercised by each of them in later life. The bond which united them in young manhood, based upon good fellowship, mutual confidence and esteem, strengthened by association in the same profes- sion and by political sentiments held in common, grew stronger with the years and was broken only by death. Mr. Payne settled in Cleveland in 1833, confident of his own powers and with astute prevision of the future greatness of the embryo city. He continued his law studies for one year in the office and under the wise supervision of Sherlock J. Andrews, whose fame as a lawyer- advocate was at its zenith. Mr. Payne was admitted to the Bar in 1834, and BENCH AND BAR OF OHIO. 97 in the following year formed a partnership with Judge Hiram V. Wilson, who twenty-five years later occupied the Bench of the United States District Court with such distinguished ability. The success of this firm, Pa\ T ne & Wilson, was very remarkable. Within ten years its business had grown to proportions unpar- alleled in the county and unexcelled in the State. The enthusiastic and unre- mitting application of Mr. Payne to the exacting demands of his profession and the interests of his clients was too severe to be endured long by his deli- cate physical organism. His health was broken at thirty-six, and he became conscious that the exactions of such a law practice as he had built up were incompatible with a reasonable degree of health. The strain to which he had been subjected and the resultant debility superinduced hemoptysis. Yielding to the inexhorable law of self-preservation, he retired from the practice of law and entered upon a business career which, while affording ample scope for the useful employment of extraordinary abilities, permitted larger freedom and more activity in the open air. The state of his health improved rapidly and he was permitted, after retiring from the Bar, to spend sixty years in great usefulness to his city and State. His marvellous success in the practice of law, during the dozen years of his practice in Cleveland, was matched by his tri- umphs in commercial business and his achievements in statesmanship. He was the first city solicitor of Cleveland under its municipal charter, and during the whole course of his life the growth, prosperity and good name of the city appealed to his civic pride and found in him a wise promoter. His counsel, prompted by public spirit" was freely given and gratefully accepted long after his retirement from the office of counsellor and the practice of law. He thus rendered vast service to the municipality. He was prominent in the railroad construction of the State, inaugurating and carrying to comple- tion, with two or three associates, the Cleveland and Columbus Railroad, which was opened in 1851 with Mr. Payne as president. He was also in the directory of the Painesville and Ashtabula Railroad, which at length expanded into the Lake Shore. Perhaps no single individual contributed more of thought, energy, enterprise and money to the metropolitan develop- ment of the beautiful Forest City. He was a member of the first board of water works commissioners and was the trusted instrumentality in planning and establishing the comprehensive system for supplying the city. From 1862 until the end of his life, a period of thirty-four years, he was president of the board of sinking fund commissioners, and to his admirable executive manage- ment the unprecedented increase of that fund was due. He was always lib- eral, broad-minded, sagacious and conservative in the control of a public trust. Mr. Payne exhibited a remarkable talent for politics while yet a young man. In 1848 he was a candidate for Presidential elector on the Cass ticket. In 1851 he was elected to the State Senate and before the close of the first session displayed rare skill as a parliamentarian and a party leader. He was then the choice of his party caucus for United States senator, but the few Free-soilers in the legislature holding the balance of power secured the election of Ben Wade. In 1857 Mr. Payne was the Democratic candidate for governor and 98 BENCH AND BAR OF OHIO. came near defeating Governor Chase, who was before the people for re-elec- tion. He was a delegate to the National convention of his party in 1856 from the Congressional district, and a delegate from the State at large to the mem- orable convention at Charleston in 1860. In the latter he was the personal representative of Douglas and repelled the sectional assaults of the Southern leaders — denouncing the spirit of secession disclosed by their inflammatory utterances and warning them of the ruin they were about to bring upon them- selves and their section. In that convention his reputation as a political orator, already established in Ohio, became nationalized. During the civil war which followed he was steadfast in his devotion to the Union, pledging his wealth, to the extent needed, for military equipment, giving his time and the influence of public addresses to promote enlistments. In 1872 he was chairman of the State delegation in the Baltimore convention which nominated Horace Greeley. In 1874 he was nominated and elected to Congress in the Cleveland district, overcoming a very large adverse majority and having 2.500 votes to his credit. As a member of the committee on Banking and Currenc} r he found opportunity for the display of the rare financial ability with which he had long been accredited by his friends. He was the author of a compromise measure, bearing his name, which secured the united support of the extreme gold Democrats of the East and the Greenbackers of the West, and had for its major purpose the appreciation of all the currency to a gold standard. He proposed the retention of the National Banks and the Greenback currency, paving the way to an easy resumption of specie payments by retiring twenty per cent of the paper money put into circulation by the banks and by the government. The compromise effected an adjustment of differences requiring superior skill in diplomacy, and presented a scheme for maintaining a stable currency of varying volume according to the requirements of trade. In this the keenness of the financier was happily blended with the ability of the statesman. In the contest following the Presidential election of 1876, to determine the manner of declaring the electoral vote, Mr. Payne with com- mendable patriotism supported the bill providing for an electoral commission, and was one of the five members of the House elected to membership on the commission. It is a historical fact worthy of mention in this connection that he was supported for President by a large representation of his party in the National convention of 1880, and his nomination could have been effected but for the instructions of the State convention, which bound the Ohio delegates to vote for Senator Thurman. In 1S85 Mr. Payne was elected senator of the United States and served six years, retiring permanently from politics at the close of his term in 1891. In 1836 he married Miss Mary Perry, the daughter of Nathan Perry. His home life built upon this union was singularly felici- tous. Of the five children born — Nathan P., Oliver H., Flora, Henry W. and Mary — two only survive, viz., Colonel Oliver H. Payne, of New York, and Mrs. C. W. Bingham, of Cleveland. On the occasion of Senator Payne's death, the Bar of Cuyahoga county held a memorial meeting and adopted res- olutions expressing appreciation of the noble traits of his character, the worth BENCH AND BAR OF OHIO. «J9 of his private citizenship and the value of his public services. Addresses were delivered by the ablest and oldest members of the profession. An extract from the address of Jud^e Franklin J. Dickman is selected for the close of this sketch : "No man could be taken from our midst who is so well known to the community, to the people of our State and to the country at large as the Honorable Henry B. Payne. It would be difficult, therefore, for me to add anything to the common knowledge of his varied claims to distinction, of his noble traits of character, of his intellectual attainments, of his eminent abilities displayed at the Bar and in the arena of public life, of his spirit of large nationality, of his patriotism, of his benevolence, of his fidelity to friends, of his genial courtesy and kindness to all who came in contact with him, of the manifold virtues which irradiated the sphere of his private life. Many years have elapsed since he laid aside his armor and retired from the contests of the Bar. When I first came to Cleveland to enter upon the practice of my pro- fession he had just left the Bar, in obedience to a warning of failing health ; but he had retired with a reputation for legal ability and powers of advocacy seldom attained, and attained, too, among rivals whose names will always shed luster upon the Bar of this county and State. To many of you his distinguished career as a lawyer is a tradition only — knowing him only as a statesman, in the public eye up to a comparatively recent period. And so it has been with many of the leaders who have illustrated the English and American Bar. In their day and generation their triumphs were on the lips of men — virum volitare per ora — but when their lips were sealed in death the stream of time soon began to wash the dissoluble fabric of their forensic fame. Thus it is that even Alexander Hamilton, of whom it is said that those who heard him at the Bar were lost in admiration at the strength and stretch of the human understanding, is now known and honored rather as the great and constructive statesman, whose genius shines in the papers of the Federalist, and from whose financial system streams of revenue gushed forth to fill an exhausted treasury. Yet it will not be forgotten that the growth of our juris- prudence is, in a large measure, the result of the assistance which the practicing lawyer extends to the judiciary, and, in so doing, may take part in rendering a public service not inferior to the highest achievements of statesmanship. I have often heard the characteristics of Mr. Payne as a lawyer, when he was in the full tide of a large practice, described by contemporaries who knew him well, and who had seen him and heard him before court and jury. He was a logical thinker, skilled in the dialectics of the law, withering in sarcasm when occasion required the use of that weapon, possessing a rich fund of humor, a perfect acquaintance with the English tongue, a familiar knowledge of human nature, courage in every emergency, and the most consummate pru- dence and address. We may, I think, fitly apply to him the words of Lord Brougham in delineating Erskine when in his prime at the English Bar : ' His understanding was eminent^ legal. His memory was accurate and retentive in an extraordinary degree ; nor did he ever, during the trial of a cause, for- get any matter, how trifling soever, that belonged to it. His presence of mind was perfect in action ; that is, before the jury, when a line is to be taken up on the instant, and a question risked to a witness, or a topic chosen with the tribunal, on which the whole fate of the cause may turn. No man made fewer mistakes; none left so few advantages unimproved; before none was it so dangerous for an adversary to slumber and be off his guard, for he was ever broad awake himself, and was as adventurous as he was skillful ; and as apt to take advantage of any, the least opening, as he was cautious to leave 100 BENCH AND BAR OF OHIO. none in his own battle-line.' * * * The political career of Mr. Payne virtually terminated upon his retirement from the United States Senate, of which he had been an honored member for six years. He did not, however, cease to take a lively interest in the important questions which divide the great political parties. He was fond of reading the constitutional history of our country, and the lives of the public men who have been conspicuous and instrumental in shaping the fortunes of the republic. He aimed at mental power and not mental acquisition alone ; and with that in view his literary tastes were severe, and he preferred the great books of the world — the vital books — which have been called the precious life-blood of master spirits embalmed and treasured for all time. * * * He was a charm and orna- ment of social life; his urbanity and cordiality of manner, and rare conversa- tional powers, drew around him a circle of warm and admiring friends." SHERLOCK J. ANDREWS, Cleveland. A large proportion of the first lawyers and earliest settlers of Cleveland emigrated from Connecticut. They were men of the best New England type — enterprising, honest, industrious and sagacious ; men broad enough to apprehend and wise enough to avail themselves of the superior advantages offered to settlers in the Ohio division of the Northwest Territory, and especially in the district of New Connecti- cut, or the "Western Reserve. Sherlock J. Andrews was a native of New Haven county, Connecticut, born on the 17th day of November, 1801. His father, Dr. John Andrews of Wallingford, was then one of the most distin- guished physicians of Connecticut, and in later life became a resident of Cleve- land. The subject of this sketch was prepared for college in the excellent academy at Cheshire, in his native State, controlled by the Episcopal Church. He matriculated at Union College, Schenectady, New York, and pursued the classical course, from which he was graduated in 1821. He was at the time not quite twenty years of age, but was a man in maturity of judgment and the learning acquired from books. A key to his character in this early stage of manhood is found in the diary of the great Professor Silliman, of Yale, who employed young Andrews as his private secretary and assistant professor of chemistry. The following brief excerpt will suffice: " He was a young man of vigorous and active mind, energetic and quick in his movements and deci- sions ; with a warm heart and genial temper; of the best moral and social hab- its; a quick and skillful penman ; an agreeable inmate of my family, in which we made him quite at home. He continued about four years, serving with ability and the zeal of an affectionate son, without whom I could scarcely have retained my place in the college." While employed by Professor Silli- man, Mr. Andrews found time to pursue the study of law in the law school at New Haven, so that when he settled in Cleveland at the age of twenty- four he was qualified for practice. Upon admission to the Bar in 1825, soon after coming West, he formed a partnership with Judge Samuel Cowles, which gave him a business and standing in the profession at once. The fortunate relations between the old practitioner and judge, and the inexperienced but BENCH AND BAR OF OHIO 101 capable young lawyer, was terminated by the retirement of the former from the active duties of the forum and the office. Soon afterwards Mr. Andrews became associated with the late John A. Foot, in a partnership to which James M. Hoyt was subsequently admitted (in 1837). The firm of Andrews, Foot &Hoyt, which is remembered by many living lawyers to-day, was the best known and most successful of any in northern Ohio for many years. All of its members were endowed with large natural abilities, dedicated to the profession of law. Mr. Andrews was the greatest advocate and orator. His remarkable gift of eloquence brought him into great prominence on the hust- ings in the campaign of 1840. He was a Whig, actively and earnestly sup- porting the candidacy of General Harrison for President. His surpassing gifts in political oratory and debate completed his availability as a candidate for political office and he was elected in 1840 to represent the Cleveland dis- trict in Congress. The activities of the canvass and close attention to his political duties at Washington, to which the active demands of a large law practice superadded a heavy burden, proved too great a strain on his physical endurance. His health was impaired to such an extent that he felt obliged to decline further public service and limit his professional engagements to the most important cases, in which he continued to act in the relation of counsel- lor and advocate. In these capacities his practice was maintained until 1848 when he was appointed judge of the Superior Court of Cleveland. His judicial career, in all respects honorable, was terminated by the con- stitutional convention of 1851, which abolished the Superior Court, largely at his own suggestion. Judge Andrews was a member of that con- vention and of three of its most important committees — judiciary, revis- ion and temperance. His broad and deep understanding of the law, and of judicial construction, his splendid vocabulary and familiarity with the best English, and his fixed moral principles contributed to make him a most valuable member of the committees on which he served. The records of that body bear evidence of his activity and usefulness in creating and mod eling a constitution so well adapted to the wants of the commonwealth as to have required few material amendments during the almost half a century of its operation. This was proved by the action and results of the convention of 1873, called for the purpose of revision, of which Mr. Andrews was also a member. His nomination for the position by conventions of the two great political parties acting separately is evidence of the high esteem entertained for him in the community and the universal confidence in his fairness and impartiality, his integrity and fidelity. His scholarship, experience, thorough knowledge of the law, and demonstrated ability made him chairman of the committee on judiciary in this body composed of the most eminent and pro- found lawyers of the State, after he had declined the presidency of the con- vention tendered by the Republican majority. The interval of twenty-two years between the two conventions had been employed with great success by Judge Andrews in general practice, especially as counsellor and advocate. No lawyer was ever more devoted to his profession, and none ever had a higher, 102 BENCH AND BAR OF OHIO. purer conception of the sanctity of the obligation assumed upon his admission to the Bar. It is seldom that the various and distinct talents which endow the able pleader, the successful trial lawyer and the great advocate are bestowed so copiously upon any man as they were possessed by Judge Andrews. These existed in due proportion and perfect harmony. All of his pleadings were prepared with scrupulous care and exactness. All of the evidence was exam- ined, weighed and sifted, so as to separate the material from the immaterial ; he counselled wisely in matters requiring fine discrimination and acuteness of judgment ; his argument in summing up a case evinced wonderful power of memory, facility of illustration and that insight into human nature which enabled him to adapt his reasoning to the understanding of a jury in such a way as to secure their sympathy. In forensic discussion he was an especially dis- tinguished member of the very able mid-century Bar of Cleveland, unsurpassed in the "West then or since that time. He was dearly beloved by his brethren in the' profession and b} T the community in which he lived so long and so use- fully. His death took place February 11, 1880. The tributes to his memory, brought out with unaffected sorrow and unfeigned sympathy at the meetings of the Bar association, the city council, the trustees of the public library and the board of education, testify to his abilities and moral excellence, his sim- plicity, sympathy and great usefulness. In his prime he was accustomed to battle with the giants in the forum — Reuben Hitchcock, Henry B. Payne, Edward Wade, F. T. Backus, Governor Reuben "Wood, Judge Horace Foote, Judge S. B. Prentiss, Judge Thomas Bolton, Judge Samuel Starkweather, Moses Kelley and Charles Stetson, all of whom were rated as profound law- yers. Intimate friends and professional associates declare his brilliant intellect, his professional ambition, his thorough study were all dominated by his innate love of right. These qualities made him invincible. All the powers of the orator were among his gifts. As an advocate "all his speaking was guided by the spirit and essence of the law as a science, which mingles itself so inti- mately and blends so fully with all efforts made in the illustration of facts that they are not to be separated. It is therefore but saying of him as a lawyer, that, having the clearest apprehension of the science of the law, he applied his fund of knowledge to it and to the case in such a manner as we have never witnessed." " He had those qualities of mind and heart which enabled him, by a few well chosen words, almost in a moment to reveal to courts the true meaning of statutes and of legal principles and to juries the path of right and justice. * * * Judge Andrews was a life, and it is in the life that he lived and the influence that life has had and will continue to have upon the lives of others that he was greatest." More severe words of denunciation against wrong never fell from human lips than were uttered by him. "With the most scathing sarcasm, with wit and humor, with all the boundless resources of lan- guage at his command, he could open the very heart and reveal it to the gaze of all who looked and listened. And yet in all places he was the same genial, kind, good-hearted man. His conscience was pervaded by the spirit of Chris- tianity, which exhibited itself in his daily conduct. As spoken by Judge Dick- BENCH AND BAR OF OHIO. 103 man : " Such was the kindness of his heart that one could hardly leave his presence without being a happier man. And so made up, how could he be otherwise than a man of deep religious convictions ? The charities of life were his ; and living ever in his great taskmaster's eye, under the guidance of rev- elation, of reason and instinct, he looked forward with unfading hope to that immortality which has been brought to light in the Gospel." In 1828 Judge Andrews married Miss Ursula McCurdy Allen, of ^Litchfield, Connecticut, whose father was at one time a justice of the Supreme Court of the same State and one of the most celebrated lawyers in New England, and whose brother, Honorable John W. Allen, was among the most prominent settlers of Ohio. Mrs. Andrews was connected with the Wads worths and McCurdys, famous [in Connecticut, and was a lineal descendant of the old-time governors Wolcott and Griswold, and traced a common ancestry with Chief Justices Ellsworth and Waite, of the United States Supreme Court, and Chancellor Walworth of New York. Judge Andrews left five children, viz., Sarah, Ursula M. (afterwards Mrs. G. E. Herrick, now deceased), Cornelia B., William W. Andrews (a member of the Cleveland Bar, not now in active practice), all of Cleveland, and Mrs. Harriet S. Whittlesey, of Wallingford, Connecticut. JOHN HUTCHINS, deceased, late of Cleveland. John Hutchins was born in Vienna, Trumbull county, Ohio, July 25, 1812. His father, Samuel Hutch- ins, and his mother, whose maiden name was Flower, were natives of Connect- icut and among the earliest settlers in the Western Reserve. Samuel Hutchins came to Ohio first in 1798, and in 1800 drove an ox team from Con- necticut to Vienna, where he settled and reared his family of three sons and four daughters. John, the subject of this sketch, was the fourth child. He was educated in the common schools of the county until about twenty years of age, when he continued his studies with a private tutor and subsequently entered the preparatory department of the Western Reserve College. He commenced the study of law at Warren, Ohio, in 1835, in the office of David Tod, afterwards well known as one of Ohio's ablest governors, and was admit- ted to the Bar in the fall of 1838, at New Lisbon. After practicing a year he was appointed clerk of the Court of Common Pleas of Trumbull county, in which capacity he served five years. He then resigned and entered the law firm of Tod & Hoffman, which firm became Tod, Hoffman & Hutchins. Afterwards he formed a partnership with J. D. Cox, since governor of the State and member of a President's cabinet, and was his partner at the breaking out of the rebellion. In 1868 he moved to Cleveland and formed a partner- ship with J. E. and G. L. Ingersoll, under the firm name of Hutchins & Inger- soll. Subsequently he became associated with his son, John C. Hutchins, and O. J. Campbell, as Hutchins & Campbell. Later the firm became John & J. C. Hutchins. In 1849-50 he was a member of the State legislature. It was this legislature which provided for the Constitutional convention of 1851. In 104 BENCH AND BAR OF OHIO. the year 1858 he was elected a representative in the Thirty-sixth Congress, as the successor of Joshua R. Giddings, and two years afterwards he was elected to the Thirty-seventh Congress from the same district. The territory of the district was then changed, and from the new district James A. Garfield was chosen to succeed him. In Congress Mr. Hutchins took an active part in the adoption of advanced measures for the prosecution of the war to suppress the rebellion and abolish slavery, and favored the employment of colored soldiers. He advocated and voted for the abolition of slavery in the District of Colum- bia, and indeed had espoused the anti-slavery cause as early as the year 1833, and continued an active worker until slavery was abolished. He belonged to the old Liberty party and was mobbed in Trumbull, his . native county, for declaring his convictions on the subject of slavery. In an anti-slavery meeting at Hudson, Ohio, about the year 1841, in criticising what he regarded as the pro-slavery attitude of the Western Reserve College, he used language which was distasteful to the faculty and students and was hissed by the latter. In giving the history of the anti-slavery movement in the Western Reserve and the active support of the cause by President Stover and Professors Beriah Green and G. E. Wright, Jr., when connected with the college, he said : " Then, an anti-slavery light blazed from College Hill, but where is that light now ? " The hissing which greeted this utterance continued for 'several min- utes, but was finally drowned in cheers. The following remarks of Mr. Hutch- ins in the Thirty-seventh Congress on the subject of employing colored troops to put down the rebellion are quoted from the American Cyclopedia: "If we can take for soldiers minor apprentices and minor sons, we have the same right to take slaves ; for they are either persons or property. If they are per- sons we are entitled to their services to save the government, and the fact that they are not citizens does not change the right of the government to their services as subjects, unless they owe allegiance to a foreign government. If colored persons are property we can certainly use that property to put down the rebellion." In Congress he took up the subject of postal reform, intro- duced a bill and made an able and carefully prepared speech in its favor, in which he advocated a reduction of postage on letters, and a uniform rate for all distances, as well as a uniformity in the rate of postage on printed matter, and in addition especially urged the advantages of the carrier delivery system. These measures, in the advocacy of which he was the pioneer, have since been substantially adopted by the government. Mr. Hutchins received special mention from the postmaster general for his able and persistent efforts to improve the service. As a lawyer Mr. Hutchins occupied a high rank. He was greatly esteemed by the members of the Bar, for the integrity and ability with which he discharged the duties devolving upon him. After the war he was elected (one of three) a member of the Loyal Legion of the third class of the Ohio Commandery, an honor conferred upon civilians for distinguished service rendered their country during the rebellion. He was a member of the Early Settlers' Association, always taking an active interest in the work. The wel- fare of this association was one of his great pleasures in his declining years. BENCH AND BAR OF OHIO. 105 At the time of his death he was vice-president of the association. He mar- ried Rhoda M. Andrews, and by this union he had five children, three sons and two daughters. It is in accordance with the fitness of things that his son, Judge John C. Hutchins, should to-day be the postmaster of Cleveland, and it is natural as well as commendable that the son should take great pride and active interest in carrying out and perfecting postal reforms inaugurated by his father. Another son, Horace A. Hutchins, of New York, is associated with Payne, Rockefeller and Flagler in the Standard Oil Company. He was one of the founders of that great enterprise. The later years of Mr. Hutchins' life were spent in the quiet, dignified practice of his profession, always attentive to his work, and when not able, owing to increasing age, to take ihat active interest for which he was once noted, he would always be on hand to advise with and direct the younger heads who might be associated with him. He died in 1891, in his eightieth year, with the good opinion of honest men, and the reputation of a friend of freedom and humanity. As a statesman he looked into the future and was guided by principles that endure. JOHN C. HUTCHINS, Cleveland. J. C. Hutchins, postmaster of Cleveland, was born in Trumbull county, Ohio, May 8, 1840. His parents were John Hutchins and Rhoda M. Andrews, both of whom were of English descent, although born, bred and married in Ohio. His paternal ancestors were among the earlier settlers of Connecticut, and his grandfather came to Ohio before the close of the last century. His father, John Hutchins, whose biography appears elsewhere in this volume, was an eminent lawyer and statesman, who probably contributed as much as any other Ohio man toward shaping the destinies of the nation about the beginning of the Rebellion. As a boy John C. Hutchins attended the district schools, afterward the high school at Warren, and later entered Oberlin College ; but left college in 1861, when in his Junior year, to enter the Second Ohio Cavalry. He was at once made second lieutenant, and shortly promoted to first, and acting captain. His regiment was ordered to Fort Scott, and was engaged in the hardest of the work on the frontier. In 1863 he met with an accident; was thrown from his horse, breaking his shoulder, and was compelled to resign. In 1864, having partially recovered, he entered his father's office and commenced the study of law. Later he entered the office of Judge Da\ r , who was a judge of the Supreme Court of Ohio. In 1865 he became a student of the law school at Albany, New York, taking his degree of LL. B. in 1866. He was immediately admitted to practice by the New York Court of Appeals. The same year, upon his return to Ohio, he was admitted to the Bar at Canfield, commencing the practice of his profession at Youngstown in partnership with General Saunderson. Returning to Cleveland in 1868, he formed a partnership with his father and Judge Ingersoll, under the firm name of Hutchins & Ingersoll. Four years later he and his father withdrew and formed the firm of John & 106 BENCH AND BAR OF OHIO. J. C. Hutchins. In 1877 he was elected prosecuting attorney, serving one term of two years ; again in 1879 he took up the general practice under the firm name of Hutchins, Campbell & Johnson. In 1883 he was elected judge of the Municipal Court, serving four years. At tbe end of his official term he again resumed general practice, but this time alone. In 1892 he was elected judge of the Court of Common Pleas, but resigned in 1895 to accept the postmaster- ship of Cleveland. The President, Mr. Cleveland, being a personal friend, and knowing the ability of Judge Hutchins, and no doubt mindful of the fact that his father had been so largely instrumental in bringing about the great postal reforms, tendered him the place, which was accepted after careful and serious consideration. Judge Hutchins has alread}^ justified the confidence bestowed, demonstrating the wisdom of the President's selection.' While in the law his practice was of a general character; he excelled in the trial of cases more than in any other branch. He was engaged in many important cases, among which three of the most noted are briefly mentioned : McGill vs. The State, 34 Ohio, 228. This was a murder or capital case, which went up from Cuyahoga county Common Pleas Court, and is chiefly notable in that the court reversed the finding of the lower court and granted a new trial for an error that was not discovered by anybody connected with the case until after the verdict was rendered. The finding of the Supreme Court was by a divided court, and the opinion of the court as well as the dissenting opinions are very exhaustive and able, covering forty-six pages of the report. The finding of the court as given is as follows: 1. Where, in a capital case, a person not summoned as a juror personates one who was returned in the venire, sits at the trial and joins in a verdict of guilty, the verdict will be set aside and a new trial granted, it appearing that neither the accused nor his counsel was guilty of laches. (He was prosecuting attorney in this case, which is the longest pub- lished in Ohio reports.) Railroad company vs. Hutchins, Guardian, 37 Ohio State, 282. This is an important and leading case, in measure of damages, etc. The -court decides : 1. A petition by aguardian alleged that his wards were owners in fee simple of a certain woodland, that the timber thereon was cut down and removed by a person unknown and without any authority whatever, and that the same was taken, used and possessed for its own use, and without any authority whatever, by a certain railroad company, which company was after- wards consolidated with another railroad company, etc. Held that on demur- rer the petition stated sufficient facts to constitute a cause of action. 2. Where discretionary power to sell lands is given by will to the executor such discretion cannot be delegated. But where an attorney in fact of such execu- tor assumes to make such sale, the subsequent receipt of the purchase money by the executor is an adoption and ratification of the sale, and is equivalent to the exercise of the discretion by the executor himself. 3. A judgment determines the rights of the parties according to the facts stated in the pleadings ; and if, after issue is joined, a change takes place in the rights of the parties it must be shown by supplemental pleadings ; otherwise it should be disregarded. 4. An action for the conversion of chattels, against an inno- BENCH AND BAR OF OHIO. 107 cent purchaser, from a person who had previously converted the property to his own use and had afterwards added to its value by his own labor, the measure of the damages is the value of the chattels when first taken from the owner, whether the first taker was a willful or an involuntary tress- passer. — L. S. & M. S. R. R. Co. vs. Hutchins, 32 Ohio St., 571, approved. (He was of counsel for defendant in this case.) The case of Talcottvs. Henderson, Assignee, et al., 31 Ohio State, 162. This is a leading case on the question as to what constitutes fraud in the purchase of goods on credit. The doctrine as laid down by the Supreme Court is as follows : 1. A contract for the purchase of goods on credit, made with intent on the part of the purchaser not to pay for them, is fraudulent ; and if the purchaser has no reasonable expectation of being able to pay it is equivalent to an intention not to pay. 2. But when the pur- chaser intends to pay and has reasonable expectation of being able to do so, the contract is not fraudulent, although the purchaser knows himself to be insol- vent and does not disclose it to the vendor, who is ignorant of the fact. (He was attorney for the plaintiff in this action.) Judge Hutchins is a most com- panionable man, a great student of general literature and history. He has a most retentive memory and possesses that delightful faculty of applying his knowledge at the proper time and place. He has a host of friends and admirers, has always been faithful and just in the discharge of every duty as a judge, clear and forcible in his opinions ; always impartial, knowing neither friend nor foe while on the Bench. He is a man of fine presence, a fluent speaker who is much sought on public occasions where an address is required. He can be counted upon to deliver it in an able and pleasing manner. For twelve years he has been a member of the library board, and for six years its president. In the issue of books the public library is the third largest in the United States. He is a member of the Loyal Legion. In politics he is a Democrat. In 1862 Judge Hutchins was married to Jennie M. Campbell, of Scotch ancestry, a native of New York ; has five children, three boys and two girls. His eldest son is now the assistant postmaster. RICHARD C. PARSONS, Cleveland. Richard Chappell Parsons was born at New London, Connecticut, October 10, 1826. His family was among the earliest and most distinguished in New England. Four of his direct ancestors were graduates of Harvard and preached the Gospel in Massachus- etts. His grandfather, Rev. David Parsons, D. D., of Amherst, Massachus- etts, married a niece of William Williams, of Connecticut, one of the signers of the Declaration. Lie was also a cousin of Jonathan Edwards. Mr. Par- sons received a liberal education and went to Norwalk, Ohio, in 1845, where he became a student at law. He was admitted to practice in 1851, and the same year entered into partnership with Honorable R. P. Spaulding, at Cleve- land, under the firm name of Spaulding & Parsons. The firm became widely known as among the foremost in the State. Mr. Parsons was elected a mem- 8 108 BENCH AND BAR OP OHIO. ber of the city council in 1852, and in 1853 president of that body. In 1857 he was elected to the legislature, and re-elected in 1859. This last legislature was the first Republican legislature known in Ohio, and Mr. Parsons was chosen speaker. In 1861 he was offered the mission to Chile by Mr. Lincoln, but declined the offer, accepting the position of consul at Rio de Janeiro. He resigned in 1862 and was appointed by President Lincoln collector of internal revenue at Cleveland. In 1866 he was made marshal of the Supreme Court of the United States and served six years. In 1872 he was offered by President Grant the governorship of Montana, or the place of assistant secretary of the treasury, both of which places he declined. He was elected to Congress in 1873. Few men have lived more useful and active lives. In the city council he was the urgent friend of education and was one of the chief originators of the high school. He was chairman of the committee locating the reservoir for the water works, and drafted personally the report which was adopted. In the legislature he was the champion of the repeal of the ten per cent inter- est law in Ohio, drafted the report organizing the Ohio volunteers, and carried through the legislature the first law authorizing a tax for military support. In a speech of the most moving character he denounced the passage of the bill for destroying the idiot asylum, and secured its indefinite postponement. In Congress he carried a measure providing for the building of a Harbor of Refuge at Cleveland, at a cost of $1,800,000 ; a law for a life-saving station at Cleveland, and a lease to the city of the Marine Hospital for ninety-nine years at one dollar per year. As attorney and agent of the Cleveland Vessel Own- ers' Association he is said to have succeeded in securing the building of more lighthouses, fog signals, life saving stations, and in helping to deepen more channels on the chain of lakes than any other living person. He was the principal originator of the plan for the removal of Hudson College to Cleve- land and was largely instrumental in making the effort a success. His last public service was securing from the legislature the repeal of the law author- izing the building of the city hall upon the public square, which The Leader said was one of the greatest public benefits. For nearly forty } 7 ears Mr. Par- sons was a prominent leader of the Free-soil and Republican parties, and in the early struggles of the Republican party was known as one of the most elo- quent and powerful speakers on the stump. During the larger part of this period he was the mouthpiece of his fellow citizens at Cleveland upon all occasions of a public character. He is the father of the plans for improving the outer harbor with modern docks, to provide Cleveland with the simplest and noblest facilities for commerce on the lakes. For three years he contested, for the Lake Shore Railroad Company, the opening of the old river bed, and, in a series of remarkable letters in The Leader, demonstrated the superiority of docks on the outer harbor, and their advantage over any river accommoda tions. Mr. Parsons is apparently in the active vigor of life, though seventy years of age. He is one of the trustees of the First Presbyterian Church, and also a trustee of the Western Reserve University. Many of his speeches, addresses and writings have been published in book form and read with interest. BENCH AND BAR OP OHIO 109 TIMOTHY D. LINCOLN, Cincinnati. Timothy Danielson Lincoln was born in Brimfield, Hampden county, Massachusetts, May 11, 1815, and was the son of Dr. Asa Lincoln and Sarah (Danielson) Lincoln. He was descended on both sides from some of the most honored families of New England. His father, Dr. Lincoln, held several prominent positions in his section of the State, and was highly esteemed both as a physician and as a man of liberal and advanced views. His mother was a daughter of General Timothy Danielson, who was chairman of the Committee of Safety in Western Massachusetts, and otherwise distinguished during the Revolutionary war. General Danielson, dying when his daughter was only twelve months old, his widow, Mr. Lincoln's grandmother, became the wife of General William Eaton, who distinguished himself as commander of the land forces, acting in conjunction with the United States squadron under the command of Commodore Barron in the war against the Bey of Tripoli, in 1805. General Eaton was affectionately attached to his little step-daughter and spared neither pains nor expense in her educa- tion. She died when the subject of this sketch, her son, was fourteen years old. Mr. Lincoln's education commenced in the public schools of his native village and was completed at Wesleyan University, Middletown, Connecticut. He read law for three years and a half with Honorable Charles H. Warren, of New Bedford, Massachusetts. It used to be said of nearly every man of New England that he was either teaching school, had taught school, or was about to do so. Mr. Lincoln made no exception to this rule, but took charge of one of the public schools while he prepared himself for his profession, working regu- larly sixteen hours a day. Having been admitted to the Bar at New Bedford, Massachusetts, he shortly afterwards, in the fall of 1841, started for the West, and in due time settled in Cincinnati, Ohio, in which place he had neither friends nor acquaintances. One year's study in the State being required before he could be admitted to the Ohio Bar, he remained twelve months in the office of Mr. Charles Fox, who at that time had the most extensive practice in the city, and in 1842 was admitted to the Bar by the Supreme Court of Ohio, then sitting at Zanesville. In the following year he became a partner of Mr. Fox, the firm name being Fox & Lincoln. This partnership continued until 1846, after which, until 1854, Mr. Lincoln practiced alone, rapidly acquiring increased business and a high reputation. From that time until his death on April 1, 1890, Mr. Lincoln was successively associated in partnership with Judge Fayette Smith, James Warnock, Charles II. Stephens, and John Ledyard Lincoln, his son. Mr. Lincoln's practice covered a wide range. He achieved pre-eminent distinction in admiralty, insurance and patent law, in the law of wills, of real estate and of trusts and commercial law generally. His practice was not confined to the State and Federal courts of Ohio, but frequently required his attendance upon those of neighboring States, while few mem- bers of the Bar of Cincinnati have practiced as extensively before the United States Supreme Court and Court of Claims. Among the many important cases with which Mr. Lincoln was connected may be mentioned the litigation growing out of the manner in which the piers of the railroad bridge at Rock 110 BENCH AND BAR OF OHIO. Island were placed in the Mississippi River, including a suit for the abatement of the piers as an obstruction to navigation and a public nuisance. In the series of cases included in this litigation between the river and the railroad interests, Mr. Lincoln, representing the former, was opposed to Abraham Lin- coln, afterwards President, and to Peverdy Johnson. In the case of the Lessee of Poor vs. Considine, which involved the title to 160 acres on the Western Hills adjoining the City of Cincinnati, Mr. Lincoln was opposed to Mr. Thomas Ewing, the elder. This was the last case but one Mr. Ewing argued in the Supreme Court. In the case of Barrett vs. Williamson, his opponent in the Supreme Court of the United States was Mr. John J. Crit- tenden, then United States attorne} r -general. Mr. Lincoln was senior counsel on behalf of the defendants in the case of Mannix vs. Purcell, growing out of the assignment of Archbishop Purcell and involving the title of all the property of the numerous Catholic congregations and of the numerous educational and charitable institutions, being more than one hundred and fifty pieces of property in all belonging to the Catholic church in Southern Ohio. Mr. Lincoln's suc- cess was due more to natural talent for the law, a thorough knowledge and just appreciation of legal principles, an untiring industry in the preparation of his cases, than to oratorical effects and forensic eloquence, though he expressed himself clearly and forcibly and with a sincerity and earnestness that carried conviction. From the commencement of his legal studies he was an industrious worker and close student. On one occasion early in his practice, after having given a client advice and received his fee therefor, he mentally questioned the soundness of the opinion given, and on searching the books in several offices he found that his opinion was erroneous and notified his client accord- ingly. This was the origin of his large law library, consisting of about nine thousand books ; for he determined that he would not pretend to a knowledge of which he was neither m the possession nor had the means of obtaining. He never sought any political or judicial office. He held the position of park commissioner of Cincinnati for a few years. During the war he was an uncompromising unionist, and though he was himself disqualified from serving in the army he furnished three substitutes. He was a generous and liberal friend to charitable and benevolent purposes and institutions. He was a great lover of books, and collected a large miscellaneous library in addition to his law library. He was very fond of travel and made seven trips to Europe. He married Miss Mary Clarke, daughter of Major Nathan Clarke of the United States army, a highly accomplished lady. Eleven children were born to them, of whom seven are living. BENCH AND BAR OP OHIO. Ill JUDSON HARMON", Cleveland. Honorable Judson Harmon was born February 3, 1846, at Newton, near Cincinnati, Ohio. His paternal ancestor, John Harmon, was one of the founders of Springfield, Massachusetts, and in 1669 his sons settled at SufBeld, Massachusetts. Towards the latter part of the last century David Harmon settled in Jefferson county, New York, where his son, Benjamin F. Harmon, the father of Judson, was born. The latter moved to Ohio in the year 1840, and soon afterwards married Julia Bronson, of Olean, New York, a descendant of one of the early settlers of New England, her grandfather, Enos Brooks, being an officer in the Continental Army. The names of the earlier generations of Harmons will be found enrolled in the armies of the French and Indian War, the Revolution and the War of 1812. They were all devoted puritans, strong, determined men and earnest advocates of purity of personal character, civil liberty and liberty of conscience. Benja- min F. Harmon, father of Judson, taught school and was also a Baptist minister, preaching for more than forty years to the same community. Throughout" his life he was known as a man of great integrity, strong common sense and upright character. Beloved and respected by all, he died in 1893 and was carried to his tomb by his four sons. Judson Harmon was the eldest son and received his first teaching from his father, who prepared him for college ; at the age of sixteen he entered the Freshman class of Dennison Uni- versity at Granville, Ohio. In order to help provide means for carrying on his college course he taught school during vacation, and during term time acted as tutor to a number of the other students. He graduated at the age of twenty, in 1866. Having determined at an early age to study law he directed his course of study toward that end, reading extensively the history of England and his own country as well as a number of works on the develop- ment of constitutional law. He also read with great care the works of Bun- yan, Milton and Shakespeare, and made it a point to read daily selections from the Bible. He took a high stand at college as a student and showed marked abilit}' as a speaker and off-hand debater. At the time of the surrender of Appomatox a celebration was had in the college town, at which young Harmon was called upon to make an address for the " boys." His address displayed so much wit and eloquence that he captured the crowd, and at the conclusion of his remarks the president of the meeting said to him : " My boy, if you are not spoiled while you are young the country will hear from you." After leaving college Harmon taught school for awhile and read at the same time Blackstone and Kent. In 1867 he entered the office of Judge Hoadly in Cincinnati, where he remained until he graduated from the Cincinnati Law College, in March 1869, at which time he was admitted to the Bar. In a short time he succeeded in building up a lucrative practice in the city of Cincinnati, and had won for himself a good position at the Bar. In early life Harmon was an ardent Republican. He was a constant reader of the New York Trib- une and the Cincinnati Gazette, and became a great admirer of Horace Greeley. When the Democratic party nominated Greeley for President, Harmon, being opposed to the extreme tariff policy of the Republican party, 112 BENCH AND BAH OF OHIO. went on the stump an advocate of Greeley's election. His success as a speaker, as well as his success at the Bar, attracted to him great attention, and in October, 1876, he was nominated by the Democratic party for judge of the Court of Common Pleas, in Hamilton county. At the election he received the majority of the votes, but the election was contested and the Senate of the State, at that time Republican, voted to oust him. In the following April he was nominated and elected judge of the Superior Court of Cincinnati, and was re-elected in 1883 by an increased majority. In March, 1887, when ex-Gov- ernor Hoadly retired from the firm of Hoadly, Johnson & Colston to enter the practice of the law in New York, Judge Harmon resigned his judicial position and became the head of the firm of Harmon, Colston, Goldsmith & Hoadly. This firm has always had a large practice, representing many of the most important corporations in the community, and is looked upon as one of the leading firms in this part of the country. After re-entering the practice of the law Judge Harmon refused to have his name used in connection with any public office although he took part in a number of political campaigns, using his influence to secure the nomination of proper candidates. He was a great admirer of Grover Cleveland and one of his warmest supporters in Ohio, and a strong advocate of his renomination in 1892. His prominent position at the Bar, his well-known integrity of character and his pre-eminence in his party, together with this earnest advocacy of the policy and principles of President Cleveland, caused his nomination to the attorney -generalship of the United States in June, 1895, to be regarded as an eminently fit appointment. He moved with his family to Washington and at once became a great favorite both in official and social circles of the life at the capital. He served through- out the remainder of President Cleveland's administration with great credit to himself and to the administration. He returned in March, 1897, to Cincin- nati, where he resumed the practice of the law with his old firm. As a judge Harmon was extremely popular. He was regarded as a lawyer of excellent legal equipment and strong common sense. He was kind and considerate in his treatment of attorneys and very fair in his conduct of causes. He was much opposed to legal trickery or chicanery and insisted upon maintaining a high standard of dignity and professional courtesy in his court-room. He is a large, strongly built man, above six feet in stature, fond of athletic sports, of splendid physique and just entering the prime of life, and, in the opinion of those who know him, a' man likely and tit to obtain the greatest prominence that membership at the Bar can afford any man. SAMUEL F. HUNT, Cincinnati. Judge Samuel Furman Hunt was born at Springdale, in Hamilton county, Ohio. His father was Dr. John Randolph Hunt, who had been a student of Nassau Hall, and was graduated from the College of Physicians and Surgeons in New York in the class of 1825. Dr. Hunt's father was Oliver Hunt, of Cherry Hill, near Princeton, New Jersey, BENCH AND BAR OF OHIO. 113 who first entered the service in the New Jersey troop as a " minute man," in March, 1777. He participated in the battles of Long Island, Princeton, Mon- mouth and Springfield, and was placed on the rolls of the government in recog- nition of his services in the war for independence. Dr. Hunt lived until August 1, 1863. A handsome window, representing Christ as the Great Healer, has been placed by the son in honor of the father in the Presbyterian Church of Springdale, the old church of the Northwest Territory. Judge Hunt's mother was Amanda Baird, born in Monmouth county, New Jersey, a lineal descendant of an old colonial family of high degree. She died November 23, 1892, and a lasting tribute to her memory erected by her son stands in the cemetery of Springdale on the site of the old church erected in 1802. The son entered Miami University in 1860. He, upon the beginning of his college career, took an active part in the debates and the literary exercises of Miami Union Hall. In his sophomore year he was elected fifth sessional speaker, class president in his junior year, to sign the diplomas of the graduating mem- bers, and class orator in his senior year, these being the recognized honors of the literary societies of the University at that time. Throughout his college career he was the president of his class, and for four successive years was chosen by the whole body of students as the orator on Washington's birth- day. His college course was completed at Union College, of which Dr. Eliphalet Nott was then president, and received the bachelor's and master's degrees from that institution. He also received the bachelor's degree with the class of 1864 of Miami Universitv. Since that time he has received the degrees of A. M., LL. D. and L. II. D. from that institution. His reputation as the " silver tongued orator" began in college. At that time as in subsequent years his addresses were of remarkable eloquence and glowing with patriotic feeling and sentiment. In a review of the exhibitions of the Miami Union Literary Societies, printed April 6, 1862, the Oxford Citizen calls special attention to the closing speech of the evening, which was made by Mr. Hunt, in which it said: "The gentleman's exordium was dignified and appropriate," and u his peroration was pathetically beautiful." The same paper, speaking in the year 1864 of the address by Mr. Hunt, said : "Mr. Hunt has erected a mausoleum more fitting than marble to the fame and memory of Miami Union's dead sol- diers. The society whose rolls they grace may gaze with pride upon his handi- work, and their friends, with tears more grateful than thanks, attest the beaut}' of his tribute. It should be hung on the walls of Miami Union Hall as a memorial of the fallen but honored brothers. As for the rest of his address, it was as forcible as elegant, abounding in good advice and in elegant language." The young student was a sincere believer in the war for the Union, and many of his public addresses at that time were made at meetings whose purpose was to stimulate enlistments in the volunteer soldiery of the period. He was particularly active in the organization of the 83d Ohio Regiment. In April, 1862, he visited the battle field of Shiloh to look after the wounded and dying, and his faithful services at that time received the commendations of the officers and soldiers, as well as the agents of the Sanitary Commission. In 114 BENCH AND BAR OF OHIO. March, 1865, he was with the army of the James, and entered Richmond with the advance of General Weitzel's command, being one of the first to enter that city, and among the group of officers that first saluted the flag of the Union as she was raised over the capital. After the completion of his college course he began the study of the law with the late Justice Stanley Matthews, and in the Cincinnati Law School, where he graduated with the degree of L L. B. in 1867. In the same year he made a tour of Europe, to the Holy Land, Arabia and Egypt, from which distant points he wrote a number of letters to the Cin- cinnati Enquirer and the Presbyter. These letters were received with general favor, and were copied into a great many papers. In May, 1868, upon his return from abroad, he took up the practice of the profession of law in the office of Henry Stanbery, who had just resigned the position of attorney-gen- eral of the United States to take part in the defense of President Johnson in the impeachment proceedings before the United States Senate. In October, 1869, Judge Hunt was elected by Hamilton county to the State Senate, and was made at once president pro tempore of that body and acting lieutenant- governor. He is the youngest man who has ever held that position in this State. He served on the judiciary committee and the committee on municipal corporations, committee on common schools, and several other committees of minor importance. Among the measures introduced by him were a large num- ber affecting the interests of Cincinnati, notably that establishing the Univer- sity of Cincinnati, and those establishing the park commission and the platting commission. In 1870 he acted as chairman of the Democratic Convention for the second Congressional District, at which time he was tendered the nomina- tion for Congress, which he declined. In 1871 he accepted the nomination of lieutenant-governor at the hands of the Democratic party, and by reason of the illness of the candidate for governor, General George W. McCook, he was obliged to bear the principal burden of the canvass of this State for the party. In 1873 he acted as chairman of the convention which nominated William Allen for governor, and subsequently as chairman of the convention nomi- nating Thomas Ewing for governor. He was a member of the Constitutional Convention elected in 1873, which framed a new Constitution for Ohio, and was most largely instrumental in having the veto power incorporated in the Con- stitution adopted by that body to be proposed to the people. In 1878 he was appointed by Governor Bishop to be judge-advocate-general of Ohio with the rank of brigadier general. During his services in this position he prepared a review of the courts-martial, which has been regarded as the highest authority, and in his published report he gave a complete history of the State militia. In 1878 he was nominated as a candidate for the judge of the Court of Common Pleas of Hamilton county, and in 1880 was unanimously nominated for Congress by the Democracy of the First Congressional District. At both elections he ran far ahead of his ticket, but was unsuccessful. In 1887 he was tendered the nomination for circuit judge in the First Judicial Circuit ; but this nomination he declined. In that year he was chairman of the Democratic State convention which assembled at Dayton, which nominated Thomas E. BENCH AND BAR OP OHIO. 115 Powell for governor. In 1889 he presented the name of Governor Campbell to the Democratic State convention at Dayton as a candidate for governor. In January, 1890, he was appointed judge of the Superior Court of Cincinnati by Governor Campbell to fill the position left vacant by Judge William H. Taft until the succeeding April election, at which time he was elected by a large majority for the period of three years, the unexpired term of Judge Taft. In April, 1893, he was again elected for the full term of five years to succeed himself. Judge Hunt's prominence at the Bar of this State and of the United States was shown by the fact that in 1892 he was elected president of the Ohio State Bar Association, and in 1893, vice-president of the American Bar Association, and was also appointed a member of the committee on legal reform, in place of John F. Dillon, who had been elected president. In 1874 he became a trustee of the Miami University, appointed by Governor Noyes, and unanimously confirmed by the Senate. At the end of nine years he was re-appointed by Governor Foster for the full term ending January 1, 1890, at which time he was appointed by Governor Campbell for an additional term of nine years. In 1874 he was also appointed director of the University of Cin- cinnati by the common council, and continued a member of that body by re-appointments by the Superior Court until his accession to the Bench of the Superior Court, at which time he retired from the board. From 1878 to 1890 he acted as chairman of the University Board and also as president of the Society of Alumni of Miami University during the years of 1887 and 1888, being the orator of the society in 1889. He is also a member of the Ohio commandery of the military order of the Loyal Legion and of the society of the Sons of the Revolution, and governor of the society of the Colonial Wars in the State of Ohio. During an unusually active life in the pursuit of his profession, Judge Hunt has given great attention to general literature, and particularly to the history of his own State. He has been in great demand throughout the State as an orator on literary subjects, particularly at various institutions of learn- ing. Among his literary addresses of especial note are those delivered at Kenyon College, Marietta College, Georgetown College, University of Cincin- nati, the Northwestern Normal College, the University of Michigan, the Central University of Kentucky, the Ohio State University, the University of Yirginia, at Williams College, and Adelbert College before the annual con- vention of Delta Kappa Epsilon Fraternity. Among the most important of his historical addresses are those as follows: Miami Yalley, on the site of Fort Hamilton ; the Treaty of Greenville, on the site of Fort Greenville ; the campaign of Anthony Wayne, on the site of Fort Defiance ; the campaign of Scott and Taylor, before the National Association of the Veteran Soldiers and Sailors of the Mexican War, of which Judge Hunt is an honorary member ; the dedication of the soldiers' monuments at Findlay, at West Union, and at Athens, Ohio; the centennial of the Republic, at Sandusky; the reception of General Grant, at Cincinnati ; the unveiling of the monument to Garfield, ai, Music Hall, Cincinnati ; the semi-centennial of the Young Men's Mercantile Library, of Cincinnati; the Life of Charles McMicken, the founder of the 116 BENCH AND BAR OF OHIO. University of Cincinnati, before the municipal authorities, at Pike's Opera House ; the laying of the foundation stone of the Glendale Lyceum ; the cen- tennial of the adoption of the ordinance of 1787, at Springdale ; the centen- nial of the settlement of Ohio, at Marietta; the reinterment of the dead who fell under St. Clair, at the centennial of Fort Recovery ; the American Flag, before the Ohio commandery of the military order of the Loyal Legion, at Cincinnati ; the Ohio Day at the Columbian Exposition, at Chicago, and Abraham Lincoln, on February 15, 1894, before the people of Dayton, Ohio. He also delivered the centennial oration on "The Battle of the Fallen Timbers," on the battle ground, August 20, 1894 ; the oration on the laying of the corner-stone of the new edifice of the University of Cincinnati, Septem- ber 23, 1894; the oration of the semi-centennial of the Delta Kappa Epsilon Fraternity of the United States, at New York, December 15, 1894, and pre- sided over the seventeenth annual meeting of the American Bar Association, at Saratoga Springs, August 23-25, 1894. Judge Hunt has received the academic degrees of A. B., A. M., L. H. D. and LL. D. from different colleges. His orations have been remarkable for their literary style, which is of the highest polish and excellence, betraying a thorough knowledge and familiarity with classic models and with the best literature of all times and languages. He is gifted with unusual facility of expression, which enables him to present the most dry and matter-of-fact proposition in beautiful and captivating form ; as a result, this power, together with his excellent judgment and his knowledge of the law, has made him very effective in the practice of his profession. During the years preceding his elevation to the Bench his practice was very large, embracing every class of litigation, and requiring the most arduous and unceasing labor. He was particularly popular as a consulting lawyer among the farming population and his neighbors in the various parts of the country lying outside of the city, a fact which showed in a very marked degree the high reputation he had for integrity and uprightness. Upon the Bench he has been distinguished not only for a careful and conscientious performance of his duties, but also for the dignity of his court and the uniform courtesy shown by him to all the members of the Bar, both young and old, as well as to all others who came into contact with him in his court-room. In the trial of a case he is usually very quick in rendering his decisions, particularly upon points of practice, and his thorough familiarity with the details of the law in this regard has made these decisions carry great weight. On more important matters arising before him as judge he has delivered a number of carefully prepared opinions, showing deep though^ earnest consideration and painstak- ing study of the law. Several of these decisions are noteworthy as being on questions of unusual interest to the community at large. All are remarkable for their literary excellence as well as for their merits, by reason of the ques- tions of law which are decided. His associates on the Bench of the Superior Court during the time of his service have been Judges Edward F. Noyes, F. W. Moore, J. R. Sayler, Rufus B. Smith and William H. Jackson. Among the important decisions in which Judge Hunt has rendered opinions are the BENCH AND BAR OF OHIO. 117 following: The Cincinnati Inclined Plane Railway Company vs. The City and Suburban Telegraph Association involving the Trolley System ; Scott's Sons vs. Raine, Auditor (O. L. T., March 16, 1891), involving the powers of the City Board of Equalization. CHARLES H. STEPHENS. Cincinnati. Mr. Stephens was born in Cincin- nati October 2, 1841. He was a son of J. H. K. and Elizabeth Stephens. His grandfather, Henry Stephens, was in the early part of his life a lieutenant in the navy, commissioned by President Madison, and later in life became a distinguished member of the Bar in the State of Indiana. As a result, the subject of this sketch was urged from his early years to adopt the profession of the law. He received his education in the public schools of Cincinnati, gradu- ated at the Hughes High School in June, 1858, and a few years later from the Law School of the Cincinnati College. He began the study of the law in November, 1858, in the office of Lincoln, Smith & "Warnock, and was admit- ted to the Bar in 1864. Shortly after that date he became a member of the firm and was associated with Mr. Timothy D. Lincoln from that time until the death of Mr. Lincoln, in April, 1890, a period, including his years of study, of more than thirty years. The firm after the death of Mr. James "Warnock became Lincoln, Smith & Stephens, and later, Lincoln, Stephens & Lincoln. Upon the death of Mr. T. D. Lincoln the firm name was changed to Stephens, Lincoln & Smith, Mr. Stephens' associates being Mr. John Ledyard Lincoln, the son of his former partner, and Mr. Samuel W. Smith, Jr. The firm had for many years a large practice in admiralty and insurance, subjects to which the firm had given great attention. As a result, Mr. Stephens became the legitimate successor to a practice involving questions of maritime law and practice in proceedings in admiralty, in which branch of the law he became especially proficient. His law practice, however, has not by any means been confined to the admiralty, but has been of a general character, subjects of com- mercial banking and insurance law being prominent. Their business has always been large in extent and in the main successful in results. The law library of Mr. T. D. Lincoln was one of the largest in the "West, and by reason of the especial facilities that such a library afforded to the members of the firm, and the individual energy and thoroughness of the subject of this sketch, Mr. Stephens has always been remarkable for his knowledge of adjudicated cases as well as for his general grasp of the law. He is untiring in the prepa- ration of his cases and forcible in their presentation to court and jury. "When once convinced that the position he has taken is correct he is most determined in maintaining it, and most effectual in convincing others of its correctness. His persistent and conscientious adherence to a position once taken, together with his well-known thoroughness and ability as a lawyer, have frequently gained victories under adverse circumstances. Mr. Stephens has always been ready to give a part of his time to the public service. He served three terms, 118 BENCH AND BAR OP OHIO. six years in all, as a member of the board of education of Cincinnati, at the end of which he declined a reappointment. He was a member of the board of aldermen for four years and was its president for two successive terms, being so at the time that body passed out of existence. For more than twenty- five years he has been a trustee of the Hughes Fund and a member of the Union Board of High Schools, being now trustee of the Hughes Fund. In 1873 Mr. Stephens married Miss Alice Bard, daughter of Sylvester W. and Louisa Mayhew Bard. His family now consists of three sons. Mr. Stephens' residence is in Avondale, recently annexed to the city of Cincinnati. The fol- lowing is an estimate of Mr. Stephens from the pen of a distinguished associ- ate at the Bar: " I have known Mr. Stephens for twenty -five years. His general char- acteristics are bright, industrious, energetic and a clear-headed lawyer. When I first knew him he was a junior partner with the lateT. D. Lincoln and Judge Fayette Smith, and the firm was Lincoln, Smith & Stephens, and having one of the largest practices in the city. Mr. Lincoln was a man of great experi- ence and very great knowledge, and had one of the largest private law libra- ries in the West ; and it was under such training as this that Mr. Stephens came to the maturity of his powers, and he has become successor to the large practice and industrious habits of his former partners. In the trial of a case Mr. Stephens is quick, energetic and sometimes impulsive, but never malicious, and always ready to meet an opponent of yesterday with a smile and a friendly grasp of the hand. He prepares his cases with great care, both as to matters of law as well as fact, and tries them with equal care and assiduity. His addresses to the court and jury are clear and terse, and without indulging in rhetoric or flights of oratory he manages to impress both with his ideas, so that he has met with a great degree of success at the Bar. He stands high in OCT cj the opinion of his fellow members of the Bar, and his integrity has never in the slightest degree been called in question." GEORGE W. CORMANY, Cincinnati. George W. Cormany is the eldest son of William and Margaret Cormany and was born January 19, 1836, on the " Brotherton Farm," owned by his father, which was situated near Cham- bersbu rg, Franklin count} 7 , Pennsylvania. He came to this State while a boy with his parents, and located at Lancaster, in Fairfield county. His education was received in the common schools of this city, where he made an excellent record as a student. Before he attained his majority he was employed as amanuensis by the late^Governor Medill, who was then living in Washington. D. C. As a result he came into contact with some of the ablest lawyers of his own State as well as the prominent men of the National Capital. In 1855 he attended a"course in the R. M. Bartlett Commercial College, where he graduated in June, 1856. Subsequently he returned to Lancaster and began the study of law in the office of Medill & Whitman, and was admitted to the Bar at the September term of the District Court. In the next year he removed to Mount Carroll, Carroll count} 7 , Illinois, and practiced law there until the BENCH AND BAR OF OHIO. 119 war broke out. Immediately upon the outbreak of the war he returned to Ohio and enlisted for three years' service as a private in Company B of the well-known Guthrie Grays, of Cincinnati, afterwards known as the Sixth Ohio Volunteer Infantry. He passed rapidly through all the non-commissioned grades, and for distinguished bravery and good conduct at the battle of Stone River his name was placed on the roll of honor. He was commissioned a sec- ond lieutenant and assigned to Company G of the same regiment on February 19, 1863. He later became first lieutenant of the same company, which he commanded at the expiration of the term of his service. He received wounds both at the battle of Stone River on January 2, 1803, and again at the battle of Chicamauga on September 26, 1863. He was tendered a captain's commis- sion in Hancock's corps in August, 186-1, which he declined. Subsequently he received the brevet of major for meritorious service. After leaving the army- he resumed the practice of law in Cincinnati. Mr. Cormany was elected mag- istrate and served his term of three years, at the expiration of which he returned to the general practice, with which he has had reasonable success. On October 10, 1867, he married Miss Nettie E. Creswick, of Cleveland, Ohio, and in 1874 he took up his residence in Hartwell, Hamilton county, having acquired the residence of the late Judge Cilley, known as Rensselaer Park, where he has resided ever since. He is the father of six children — three boys and three girls, all of whom are living, one of his sons, Charles C. Cor- many, being associated with him in the practice of the law. FRANK HOLMES SHAFFER, Cincinnati. Frank H. Shaffer was born in Cincinnati, Ohio, March 31, 1857. His father was William Shaffer, one of that sterling class of merchants whose enterprise and integrity built up the com- mercial strength and reputation of Cincinnati. His mother was Susan A. Lewis, who descended from families identified from early times with the growth and prosperity of Hamilton and Butler counties. After graduating at the Chickering Institute at Cincinnati, in 1873, Mr. Shaffer entered the class of 1877 at Yale College, and was graduated in June of that year. Entering the Law Department of the University of Michigan he completed the full course in 1879, and was admitted to the Bar by the Supreme Court of Ohio in May, 1880. Mr. Shaffer began the practice of the law at once, opening an office in Hamilton, Ohio, where he remained in active practice until 1884. He held the office of solicitor for that city during the years 1882 and 1883, having been elected on the independent Republican ticket, although the other candidates on that ticket were defeated, and the political complexion of the city had been strongly Democratic for many years. A favorable opportunity came to him to continue his practice in broader fields by the offer of a partnership with Mr. W. G. Mayer, the surviving partner of the old and well-known firm of Forrest, Cramer & Mayer, of Cincinnati. Coming to Cincinnati in 1884, Mr. Shaffer associated himself with Mr. Mayer and Mr. Smith, and practiced his 120 BENCH AND BAR OF OHIO. profession with marked ability and success. In 1890 he formed a partnership with Judge Hiram D. Peck, who had a short time previously completed a full term on the Bench of the Superior Court of Cincinnati. The law firm thus formed is one of the strongest and most successful of the Cincinnati Bar, and is engaged continuous^ in important litigation. To this work Mr. Shaffer brings a geniality of disposition and kindliness of manner which endear him to all with whom he comes in contact. His fidelity to their interests binds old clients to him, while his high character, skill and reputation bring increasing business from year to year. Mr. Shaffer has had in his charge as important matters as any lawyer of his age in Cincinnati, and numbers among his clients some of the leading citizens of his county. On September 25, 1883, be was married to Miss Alice A. Blackwell, of Louisville, Kentucky, and has four children : Lucy, Annie, Susie and Frank H., Jr. JAMES B. SWING, Cincinnati. Honorable James Black Swing was born in Batavia, Clermont county, Ohio, May 15, 1854. He is a son of Judge George L. Swing (native of Ohio, but of German descent) and of Elizabeth (McMean) Swing (a native of Hamilton county, Ohio, of Scotch-Irish descent). The subject of this sketch went through the public schools at Batavia and completed his education at Hanover College, Indiana, from which institution he was graduated in 1876, after which he studied law with his father at Batavia and was admitted to the Bar in 1877, and was at once taken into partnership with his father. In 1881 he was nominated and elected probate judge by the Republican party in Clermont county, and in 1884 he was renominated and again elected to the same office. At the expiration of his second term of office, in 1888, he came to Cincinnati and formed a partnership for the practice of law with Howard Ferris, which continued until Ferris was elected probate judge of Hamilton county in 1890. Immediately thereafter Judge Swing formed a partnership with Frank R. Morse, which lasted until January 1, 1897, when it was succeeded by the present firm, Swing, Cushing & Morse, Wade Cushing being taken into the firm. Judge Swing was married in 1881 to Carrie M., daughter of the late Judge Philip B. Swing of the United States District Court. In 1884 Judge Swing was a delegate to the National Republican Con- vention from the then seventh, now the sixth, district of Ohio. On several occasions the nomination to Congress was tendered him, at times when a nom- ination was equivalent to an election, but he could not be induced to accept. He invariably disclaims any knowledge of politics or the affairs of State, yet his advice is sought, and he has a way of knowing the inside of everything that is going on. He is a strong partisan, and whether it is his friend or foe he (to use his own language) is always " for " the Republican nominee. While Judge Swing is a far-seeing, clear-headed man of affairs, remarkable for penetration and faultless judgment, an orator with few equals, a style peculiarily his own — logical, clear and convincing, yet his mind is at its best and shows more capa- The GvnUvry Publishing & Engraving Or Crucagv. BENCH AND BAR OP OHIO. 121 bility in the law than anywhere else. He seldom makes notes in the trial of any case, and never forgets or misses an important point. His great mind grasps and at will reproduces every point at the proper time. In the prep- aration of a case he works it out in his mind without the assistance of book or pencil. When that is done you are sure to hear his favorite expression : "That is the lavy, and if I can just find some authority to support me the case is won." Another expression peculiar to him is, " There is a turning point in every case." A judge of the second highest court in this State said of Judge Swing, that his statement and presentation of a case were the strongest of any man that had come before him in his experience of more than twenty-five years on the Bench. CHARLES TOWNSEND, Athens. Honorable Charles Townsend is a native of the State of Ohio. He was born at Harrisonville, December 22, 1834, and in childhood removed to Athens county with his parents, which has been his home continuously since that time. Through the lineage of his father, James Townsend, he is of English extraction, and through that of his mother, Rebecca Morrison, he is Irish. The ancestors of both emigrated to America during the early colonial period. All were patriots in the sense of loyalty to self-govern- ment and the independence of the colonies. Many of them were soldiers in the war for such independence, and to this fact may be due the martial blood which quickened his pulse and tingled his veins when the rebellion was organ- ized against the government of the United States, seventy years after it was established. He attended the common schools of Athens county, and was ambitious to go higher. Paying his own expenses with the wages earned at teaching, he was enabled to take a thorough course in Ohio University at Athens. More time for this was required than if he could have studied con- tinuously ; but the time was not lost. There was abundant compensation in the discipline and the practical application of his acquired knowledge in the work of teaching others. So many men who have started as teachers have become prominent and successful in other professions, have found their best impulses for high achievements and their best preparation for success in such early employment that we may almost regard such a start essential to the best results. All who have considered the subject and become familiar with the illustrious examples are disposed to regard the boyhood years spent in teaching intelligently and conscientiously as important and valuable. It promotes devel- opment and brings the immature mind to a state of maturity and self-confi- dence more rapidly and effectually than any other employment. Let no one decry the work of the teacher, even though it is undertaken as a means of tem- porary relief from financial stringency to enable the vealy young man to pros- ecute his studies in the line of another profession. Let no man be so high-minded as to ignore or refuse to mention this "pony " which may have helped him through college or to the threshold of success in law. Before his graduation young Townsend had the qualification and the nerve to organize and conduct 122 BENCH AND BAR OF OHIO. the De Camp Institute in Meigs county, and he was employed as principal of this institution when the Government was assailed by rebels in 1861. Laying aside the text books on mathematics and science — implements that succeeded the birch and the ferrule of the pioneer schools — he responded to the call for volunteers as though it was personal. With enthusiasm and haste he recruited a company of one hundred and twenty men, whose services were tendered through the governor to the President, and accepted. He was elected cap- tain of this company and led it in the battle fields of West Virginia under Rosecrans, of the Potomac, under Pope and McClellan ; thence to the west, attached to Sherman's corps in the army of the Tennessee ; in the battles around Vicksburg and down through Tennessee and Georgia to Atlanta. While storming a battery at Hickajack he was severely injured by the explo- sion of a shell, from the effects of which he was obliged to leave the service just before the final triumph of the Union armies. He had been promoted to the rank of major of the Thirtieth Ohio Infantry in 1864, and subsequently had declined the colonelcy of another regiment because he preferred service with the friends who had gone with him to the field and became near to him by association in peril and victory. He was, under all circumstances, a good soldier, an obedient subaltern, an intelligent commander. On returning home he took a course in the Cincinnati Law School, from which he was graduated in 1866. On admission to the Bar he settled in Athens for practice. Not long after- wards he was elected prosecuting attorney for the county and re-elected twice, serving six years continuously. In 1876 and again in 1878 he was chosen to represent his county in the State legislature. In 1880, largely through the influence of his associates in the House, who had become closeh^ attached to him and recognized his merits, he was nominated by the Republican State convention and elected secretary of State. His ability on the stump was' a factor in that campaign, as it has been many times since. In 1890 he was nominated and elected to represent in the State Senate a district which had always been Democratic. His popularity was sufficient to overcome an adverse majority of nearly two thousand, and he is entitled to the distinction of being the first Republican who ever won success in the district. In 1894 he was elected Department Commander of the G. A. R. for the State of Ohio. Major Townsend is a gentleman of high personal worth, who enjoys the esteem of a very wide circle of friends. He belongs to the Masonic order and has a mem- bership in the higher divisions — the Chapter and the Commandery. He was married in October, 1859, to Miss Margaret J. Allen, and has three children : Helen M., Charles H. and Mary. BENCH AND BAR OF OHIO. 123 LORENZO ENGLISH, Columbus. Lorenzo English was a son of John English and Laura S. English. He was born in Herkimer county, New York, May 22, 1819, upon his father's farm, where he remained until he was eighteen years of age, and received only the advantages of such an education as the common schools of his native county then afforded. In 1837 the family removed by wagon — then the usual mode of traveling by those seeking homes in the West — to Ohio and finally located at Mount Vernon. Our subject was one of the family then and proved a useful member, not only performing his full share of toil incident to a long and tedious journey, but also in adapting himself readily to any kind of labor common in a new country, and continued so to do for a period of two years. In the fall of 1839 he entered Oberlin College as a student, and pushed his way through by hard study during term time, and by hard work in any honorable vocation which first presented itself during vacations, and was graduated with honor in August, 1843. He came to Columbus in September of the same year, and commenced the study of law under Edwards Pierrepont, afterward attorney-general of the United States. He completed his legal studies in 1845, and was admitted to the Bar in that year by the Supreme Court at Mount Vernon, Knox county. He immediately thereafter commenced the practice of law in Columbus. Mr. English was well qualified for success in life as a lawyer. He possessed patience, industry, integrity and great popularity, a rare combination in a young man starting out upon a professional career, which was a success from the beginning. In 1850 he was the choice of the Whigs as their candidate for mayor of Columbus, and was elected to that office over a Democratic nominee by a handsome majority. He was re-nominated in 1852, and the same result followed. Again in 1853, 1855, 1857 and 1859 he was nominated and elected over his Democratic opponents by handsome majorities. In 1853 both of the leading political par- ties nominated strong men for the office of mayor, and Mr. English was induced to stand as an independent candidate. The result was that he was elected over both party candidates by a large majority, thereby demonstrating that he was stronger before the people than the organization of the two parties and all the factions put together. His record as mayor of Columbus for eleven successive years is without blemish. He contributed largely of his means to aid in the relief of the families of the soldiers who enlisted in the armies of the Union, and shouldered a musket as a private soldier when John Morgan invaded the State in 1864. After his retirement from the office of mayor lie resumed the practice of law, and his clientage increased to the extent that it may be said to have been larger, if not more lucrative, than that of any other lawyer at the Columbus Bar. He was methodical and a very hard- working lawyer. In 1871 his party nominated him for the office of county treasurer, and at the October election following the result showed that he had overcome a previous Democratic majority of 1,800 votes and had received 800 more votes than his opponent. He made a popular and faithful county officer. He held many other places of trust and honor besides those named, discharg- ing the duties of all with singular fidelity and skill. It is not often that it 124 BENCH AND BAR OF OHIO. may be said of a man, who had been so long in active professional life, and in politics, that he had no enemies ; yet it may truth fully be said of our subject, that he departed this life on the 14th day of March, 1888, at the age of sixty-nine years, without a known enemy, and his death^was mourned by countless friends. EMILIUS O. RANDALL, Columbus. Honorable Emilius [Oviatt Randall was born in Richfield, Summit county, Ohio, October 28, 1850. He is the son of Rev. David A. Randall, author and traveller, and Harriet Oviatt Randall. Both parents were natives of Connecticut and descendants of early Puritan stock. His great-grandfathers on the side of both father and mother were soldiers in the army of the American Revolution. Mr. Randall was brought to Columbus, where his parents were then residing, when but a few weeks old, and that city has always been his home. His education was begun in the pub- lic schools of Columbus and he was prepared for college in Phillips Academy, Andover, Massachusetts. In the fall of 1870 he entered Cornell University, and in 1874 was graduated in the literary course of that university, with the degree of Ph. B. He then pursued a two years' post graduate course at Cor- nell and in Europe. From 1878 to 1890 his attention has been given to mer- chandising and literary pursuits in Columbus, and in the intervals of business he read law under the direction of Frank C. Hubbard, of the Cqlumbus Bar. He was admitted to practice by the Supreme Court of Ohio, June 5, 1890, and was graduated from the Law School of the Ohio State University, in 1892, with the degrees LL. B. and LL. M. He is a member of the Delta Kappa Epsilon and Phi Delta Phi, college fraternities. Mr. Randall was „made instructor of commercial law in the Ohio State University in 1892 and professor of com- mercial law in the same institution in 1895. On the 14th of May, 1895, he was appointed reporter of the Supreme Court of Ohio by the judges of that court. He was elected president of the Columbus Board of Trade for the year 1887 and was a member of the board of education of Columbus from 1887 to 1889, declining a re-election. He is a member of the board of trustees of the Colum- bus Library, having been first elected to that office in 1884 by the city council and re-elected every two years since that time. He is a member of the Ameri- can Bar Association , American Library Association, American Historical Association, Society of the Sons of the American Revolution, and of the Ohio State Bar Association. In February, 1893, he was appointed by Governor McKinley a trustee of the Ohio State Archaeological and Historical Society, to which position he was reappointed by Governor Bushnell in February, 1896. He has acted as secretary of that society since February, 1894, and has edited three volumes of the society's publications. Mr. Randall is a Republican in politics. He was a member of the committee of seven chosen by the Colum- bus Constitutional Convention in January, 1891, to draft the charter of the present municipal government of the city. October 28, 1874, he married Miss Mary Coy, of Ithaca, New York, and by this marriage has three children, a BENCH AND BAH OF OHIO. 125 daughter and two sons. Mr. Randall's preparation for practice at the outset was far superior to that of the average lawyer upon his admission to the Bar. His literary attainments were broad and high ; his judgment was mature ; his experience in affairs was large and varied ; he knew much of business and of men; he was familiar with the practical side of life through the intercourse of business and trade. This accumulation of experience was invaluable and gave him at once a standing at the Bar which young lawyers without such aids attain only after years of effort and struggle. He is a patient and thorough student of the problems of the law. His mind, trained to study and investi- gate, is satisfied with nothing less than a clear understanding of the principles and the philosophy of Constitutional and statute law. He is not a showy law- yer, but a very substantial one. Integrity of mind and character insures hon- esty of purpose and action in all matters, personal as well as professional. He is a polished orator. His vocabulary is ample, his diction pure, his delivery graceful. Having an abundance of ready wit, he is the best after dinner speaker at the Columbus Bar. He is as clever with the pen as with the tongue. The historical article which he contributes to this volume is in evidence. JAMES P. GOODWIN, Springfield. Mr. Goodwin's early career is a prac- tical illustration of what a young man may do for himself who begins his lifework without any resources except those with which he is endowed by nature. His parents, James P. and Mary Goodwin, are of Scotch-Irish descent, natives of the North of Ireland, who came to the United States and settled in New York City, where James P. was born August 12, 1857. Acting on Horace Greeley's advice to go West, the family early in the sixties removed to Illinois, and settled on a farm. His early educational advantages were confined to the district school of a thinly settled community. He found greater opportunities in developing his muscle on his father's farm than he did in training his mind in a school room. Rural life was distasteful to him, and when seventeen years of age he left the parental roof to carve out for himself a place in the world. His first ambition was an education, but the means for getting it must first be earned. In 1874 he came to Springfield and obtained employment in one of the industrial establishments of the city. While working in the shop he seized every opportunity to improve his mind, and when he entered the University of Michigan at Ann Arbor, a few years after coming to Springfield, he was able to take quite an advanced position in some of his classes. Of the years passed at Ann Arbor the last two were spent in the Law Department of the University. Returning to Springfield he read law in the office of W. A. Scott for almost three years, and was admitted to the Bar in 1883. He began practice the same year in Springfield, alone, and has not at any time since had a business associate. His natural abilities were of a high order; he had been a hard student, and before he had been long at the Bar the public gained recognition of his merits, and he, early in his professional career, found him- 126 BENCH AND BAR OF OHIO. self in possession of a lucrative practice. Possessing a talent for public speak- ing, and taking an active interest in the principles of the Republican party, of which he is an ardent supporter, without any efforts of his own or desire to become active in politics, he was made the candidate of his party for mayor of the city of Springfield in 1887, and at the ensuing election in the fall was elected by a handsome majority. He managed the affairs of the city in a man- ner to give satisfaction to his constituents and reflect credit on himself. The men who have made the Darke county Bar so famous for the past half cen- tury are rapidly being gathered to their fathers, and those who will fill their place in the next quarter century and maintain their high reputation are the rising young members of the profession to-day. Amongst those who will stand in the very front rank, James P. Goodwin is placed by unanimous con- sent. Speaking of his standing and future prospects one of the oldest and ablest of the Springfield Bar said: "James P. Goodwin is rated high as to ability, and is held in very high esteem by the profession. He is already a good lawyer, and being a hard student possessing a good legal mind, honest and conscientious in the discharge of his duties to his clients, he will rise in his profession until he goes to the top. He is not a politician, but stands ready to discharge his duties as a citizen, and when such a man possesses the attributes that fit him for a public position is called upon he cannot well decline. He is a good citizen, a credit to himself and to his profession." STEPHEN JOHNSTON, Piqua. Major Johnston is of Irish descent, his ancestors coming from the North of Ireland. The Johnston family are inti- mately associated with the pioneer history of Western Ohio. Colonel John Johns- ton, for many years the Indian agent for Upper Piqua, was his uncle; and his father, Stephen Johnston, was factory agent for the government at Ft. Wayne in pioneer times. The latter was killed by the Indians in August, 1812, near Ft. Wayne. Major Johnston's mother was Mary Caldwell, who was born at Bry- ant Station, Kentucky, a frontier port near Lexington, in 1788, and was con- temporary with Daniel Boon, Simon Kenton, Tecumseh, and other famous spirits of those times. Major Johnston's maternal grandfather came to Ohio in 1805 and entered two sections of land, on part of which is now located the city of Piqua. The subject of this sketch was born at Piqua, September 20, 1812, one month after the death of his father. The house in which he was born is still standing, though modernized by its present owners. His early education was limited to the rather meager advantages offered by the public schools of those days. He belonged to that class whose education was largely obtained at night by the light of the ruddy tire or tallow dip. When he was fourteen years of age he was put out to learn a trade, and his individual career began as a saddler's apprentice in the village of Urbana. He became an effici- ent workman and devoted fourteen years to the avocation of journeyman sad- dlemaker in Ohio, Indiana, Kentucky and Maryland. During these years of BENCH AND BAR OP OHIO. 127 work at his trade he had kept up a course of reading and study of law text books. In 1841 he was elected sheriff of Miami county and at the close of his first term was re-elected. In the fall of 1845 he was chosen to represent Miami county in the State legislature. During this session of the legislature the law establishing the ad valorem valuation of property was enacted. This at the time was a radical measure in Ohio, cutting loose as it did from a discrimi- nating system in favor of actual settlers entering upon public lands and improving them. The construction of canals in Ohio by the State at great cost made this change necessary to meet the expenditures. In the debates on this measure Major Johnston took an active and influential part. He supported and voted for the bill, and the system it created still stands. After leaving the State legislature he determined to take up the practice of law and after reviewing his studies was admitted to the Bar in 1850, and has continued in the practice up to the present time, though he has not been actively engaged in recent years. Major Johnston has for over forty years been the central figure of the Piqua Bar. He was one of the principal organizers of the Colum- bus, Piqua & Indiana railroad, drew its charter and was for twenty-five years its chief attorney. That line now forms a part of the Panhandle system of roads. The major served one term as mayor of the town, was for several years city solicitor, has been a member of the city council, one of the board of trustees of the city water works, and various other places of trust have been filled by him with entire satisfaction to the public and with credit to himself. Major Johnston has always been a public spirited citizen and it is to his inde- fatigable energy that the city owes its splendid hydraulic and water system which has made it the manufacturing town that it now is. Steps were taken as early as 1854 to construct these works, but nothing practical was accom- plished until 1868, when Major Johnston was placed at the head of the com- pany that had undertaken the work of construction, and six years later they were completed, after overcoming financial difficulties and obstacles in the way of privileges that had proved insurmountable to his predecessors. Piqua's hydraulic and water works are an enduring monument 10 Stephen Johnston's public spirit, energy and integrity. In 1877 when the Ohio Senate unani- mously passed Senate Bill No. 132 to abolish the Lewistown reservoir, Major Johnston's service and good judgment were instrumental in defeating the measure in the House. Piqua was vitally interested, because the destruction of the reservoir would have been about equivalent to destroying the Piqua hydraulic. Major Johnston immediately went to Columbus to meet the House committee on public works, to which the bill had been referred. He had forti- fied himself with canal statistics and was thoroughly conversant with canal history and the vested rights of the people in western Ohio and with the moral obligations of the State. He presented the case with such force and made so convincing an argument to the committee, that they unanimously reported the indefinite postponement of the bill. The statistics submitted by Major Johnston were embodied in the report of the committee, which is the strongest argu- ment for the maintenance of the canals that has ever been formulated. The 128 3ENCH AND BAR OF OHIO. Lewistown reservoir has never since been seriously menaced. Major Johnston is the oldest native born citizen of Piqua now living. He arrived at the age of manhood about the time the then little village began to try to better its condition, and from that day to the present has been associated with almost every public enterprise that promised to benefit the city. He has the esteem of the profession and respect and admiration of his fellow citizens. He was married in 1837 to Miss Uretta Garnsey, daughter of Chester Garnsey, one of the early citizens of the town. Seven children were born to them, four of whom are living. HIRAM L. SIBLEY, Marietta. Hiram Luther Sibley was born in Trumbull county, Ohio, May 4, 1836. His father was a minister, and in later life a member of the Ohio Conference of the Methodist Episcopal Church. The ancestry is traced to John Sibley, who came from England in the Fleet, A. D. 1629, and settled at Salem, Massachusetts. He became a selectman of that town, and member of the general assembly at Boston. On the mother's side the parentage was from Colebrook, Connecticut. The maternal grand- mother and the late Mrs. Joshua R. Giddings were sisters. The grandfather, Luther Simons, was a school teacher, who at times did the work of a "petti- fogger." He was gifted with a remarkable intellect. His brother-in-law, Mr. Giddings, a strong lawyer, once told him he was " the only man he ever feared to meet in a lawsuit." A partly dislocated spine made Mr. Simons a cripple, and he died in what otherwise would have been the prime of his powers. At thirteen Mr. Sibley went to the shoemaker's trade, not to leave it until three years after his majority. During this period he had two terms of six months each in select schools, working nights and mornings to pay board and tuition. April 22, 1858, Mr. Sibley was married to Miss Esther A. Ellis, of Racine, Ohio, by whom he has living three children. The same year he began the study of law, rising for that at 4 A. M., but doing his day's work in the shop. He was elected clerk of the courts for Meigs county in 1860. In 1862 he accepted a lieutenancy in Company B, 116th Ohio Volunteer Infantry, resign- ing his office to enter the Union army. He fell under the command of Major- General R. H. Milroy, who in April, 1863, recommended him for provost marshal of the fifteenth district of Ohio, saying : " I have known Lieutenant Sibley for the last six months, while with his regiment in my command, and have observed that he is an able, energetic, and efficient officer; always prompt and attentive to duty; a true gentleman of high moral character and excellent business talents and habits." June 15, 1863, in the valley of Vir- ginia, with near half the command to which he belonged, he was captured by the advance of Lee's army, then moving North, and held a prisoner at Rich- mond, Virginia; Macon and Savannah, Georgia; Charleston and "Camp Sor- ghum," near Columbia, South Carolina. December 10, 1864, he was exchanged, and January 11, 1865, honorably discharged, being too much enfeebled by his imprisonment for military duty. April 14, 1865, Mr. Sibley was admitted to flic- Century PziMishinx? & E?igraving Or Chicago BENCH AND BAR OF OHIO. 129 the Bar at Pomeroy, Ohio. The August following he went to Marietta and served as clerk one year in the United States assessor's office. September, 1866, by request of its senior member, he began practice as one of the law firm of Ewart, Shaw & Sibley. The next year he was nominated for prosecuting attorney, but, with the rest of his ticket, defeated. About that time he formed a partnership with Honorable R. L. Nye. Broken health drove him out of practice for a year, but in 1870 he became one of the firm of Paine & Sibley, at Pomeroy. Just before this he wrote some newspaper articles upon the con- stitutional law of Ohio, respecting religious liberty. Two short extracts are as follows : " I. What is a ' right of conscience,' in the sense of our Constitution ? "We answer. (1.) The right to entertain any opinion, conviction or faith what- ever, in regard to morality or religion, without question or molestation. (2.) The right, also, to act in accordance with the opinion, conviction or faith entertained, so long as the conduct is consistent with an equal right in all oth- ers, and is not palpably destructive of social order. II. As to the condition of the citizen with reference to these rights we affirm. (1.) That in matters of conscience all persons are equal before the law ; and (2) are entitled to full and adequate protection therein. III. The power and duty of the State in the premises is. (1.) To extend to every citizen the protection to which he is entitled, in the exercise of his rights of conscience. (2.) Beyond that, to refrain from any interference what- ever, in matters of conscience." Finally, in answer to a critic, was the following : " Your fallacy is in confounding every conviction of conscience with a right of conscience. These are not always convertible. Either may exist in the absence of the other. A right of conscience, in legal and constitutional sense, is the right to entertain any opinion whatever in regard to religion or morality, without question, and to act in accordance therewith, so long as the conduct is consistent with an equal right in all others, and not palpably destructive of social order. These rights the State obligates itself in the Con- stitution to protect. Hence, when the conviction of conscience coincides with the rights of conscience, the aegis of the Constitution is thrown around it, but not otherwise. This distinction will dissipate a thousand sophistries, grounded upon a tacit assumption of the necessary and unvarying identity of a convic- tion with a right of conscience." A little later, by request, Mr. Sibley addressed a Teachers' Institute in Meigs county, on the Nature and True End of Education. We give a para- graph : " In virtue of a law penetrating to the center of his being, for a man habitually to exert his powers for self alone, is moral debasement, spiritual defilement, and death. Selfishness is a malignant cancer in the best impulses and tenderest affections of the heart, a fatal blight upon the noblest desires and holiest aspirations of the soul. Like a darkness that can be felt, unless dispelled by the light and power of love, it settles down upon the spirit, enshrouding it from the healthful, life-giving influences of goodness, and shut- ting up the soul to die from moral and spiritual inanition. Under this general law of his Constitution, therefore, man is forbidden the use of the power of education of self alone. Hence, considered with exclusive reference to its sub- ject, the true end of culture reaches beyond himself, and shrivelling moral and 130 BENCH AND BAR OF OHIO. spiritual death confront him as the divinely ordained penalty for clipping the wings of education until its powers and ends are cooped in the narrow limits of his own soul. * * * Wherever Christian thought has penetrated, and the best results of philosophical inquiry are known, the oneness of our race in nature and general capability is recognized and believed. Out of the notion of com- mon endowment, and the idea of unity in origin, arises the conception of the brotherhood and social nature of man, with all their sequences of mutual obli- gations and duties, in virtue of which, if we live in obedience to the law of our being, we necessarily become reciprocating co-workers for the common good. Alike, therefore, upon the principles of philosophy and Christianity, every one stands in correlated obligation with all his fellows to use his various abilities and powers for others as well as himself, so long as he remains a subject of social relations. * * * The educated man, as a member of society, by virtue of his moral Constitution, is imperatively bound to use his culture for the elevation of his kind. He is to raise up those bowed down in ignorance, to establish the weak in knowledge, to open the eyes of the blind to truth, to aid in breaking the power and dominion of passion, and keep in the work of dispelling the thick clouds of prejudice that everywhere overshadow the uned- ucated mind. In brief, he is to consecrate his culture to the doing of good, and exalt it thereby into an instrumentality of human progress. Here the true social and individual ends of education meet as brethren to dwell together in unity." In a Decoration day address at Marietta, Ohio, in 1877, Mr. Sibley maintained that " rectitude is an inseparable element of true greatness." By force of " the laws of our moral being," he said, "we come to assign the honors of history, not merely to great abilities or wondrous success in what men undertake, but more to the royal qualities found in intrepid uprightness of character — the genius for being right as well as able and successful in the affairs of life." He concluded thus: "It is right here, however, in the application of the principle we have endeavored to present and illustrate, that we touch upon the real grounds of distinction in the honors which history will confer upon the brave men who fell on opposing sides in this terrible struggle. They were all Americans. Speaking in general terms, both armies were equally heroic in the field. Upon the whole, perhaps their leaders will not be found to differ largely in military genius and skill. Yet the proud record of those who fought for the American Union and human liberty will shine in ever increasing brightness and glory when compared with that of our equally gallant countrymen behind whose line of battle w r ere the flag of disunion and the clanking chains of slavery. Those who followed the Nation's ' banner of beauty and glory' were allied by their cause to the most exalted aspirations and hopes of the future, and consequently were fighting a battle for the elevation and progress of the race. Government by the people, for the people, was inwrapped with their success. On the other side was the principle of civil disintegration, the fact of human bondage — iron links which bound our brave but erring fellow-citizens to the dead body of a barbaric past. In truth, the Lost Cause was lost before its fight with arms began. The thing itself — disruption and slavery — was an anachronism. Judged by the moral sense of mankind, as well as the law of the land, the attempt to sustain it by war was a crime. The spirit of the age, the conclusions of the best political thought, and the high demands of the immediate future were all in league against this cause. It received no sympathy, and was entitled to none, from the toiling millions of civilization, but only the deceptive, baleful friendship of tottering despots, or aristocracies whose very foundations were crumbling under pressure of the great ideas of popular government. Hence, though we saw it not, if faithful to our duty, the success of this cause was from the begin- BENCH AND BAR OF OHIO. 131 ning impossible, No human genius or bravery could save it. And for the same reasons the heroism of those who fell, its devoted victims in the carnage of battle, cannot lift them to the position iu history forever to be occupied by the soldiers of ' Liberty and Union/ who in the mighty conflict ' perished for the Right.'" At its Commencement, in 1878, Marietta College gave him the honorary degree of Master of Arts. In the presidential canvass of 1880, at Pomeroy, Mr. Sibley delivered a speech, published by request of those hearing it, on State Rights. After showing that these doctrines, or " more properly State supremacy, as against the power and authority of the National government under the Constitution," had " been in contest ever since that instrument was before the people for ratification," he said : " But it is to the administration of Washington that the country is most deeply indebted for the assertion and practical establishment of the powers and authority of the general government upon the National principles embodied in the Constitution. The laws enacted by Congress during that period provided for a National judiciary invested with the power of final authoritative decision, in all cases at law or in equity, arising under the Con- stitution itself, the laws of Congress and treaties made by the Nation. They also armed the President with the authority and means of performing his sworn duty to 'preserve, protect and defend the Constitution,' and of taking ' care that the laws be faithfully executed.' Moreover, as a matter of wise policy, Washington, against the bitter opposition of the State Rights school of his time, made the National Constitution and laws supreme in fact as they were in legal theory, by crushing, with military force, in 1794, armed resist- ance to them in what is familiarly known as the Whiskey Insurrection of Western Pennsylvania. Before his retirement from the Presidency, there- fore, the true theory of the Constitution and of National power had become essentially settled, not only in the letter of the law, but in the vastly higher efficiency of its actual enforcement by the combined civil and military power of the people acting in National capacity. The result was a second and most signal defeat of the advocates of State Rights or State supremacy, the first having been in the adoption of the Constitution by the people. At a later period the same principles respecting the National authority and power were emphatically asserted and acted upon by the Supreme Court of the United States, through the great Chief Justices Jay and Marshall; were sanctioned and carried into execution with patriotic vigor by the prompt, decisive action of Jackson in his conflict with State rights as nullification, and were made clear and intelligible, and thus immensely strengthened in the popular mind through the masterly expositions of Webster. Thus vitalized, they from time to time overcame the ' political heresy ' of State supremacy even when sup- ported by the name and fame of Jefferson, the acute and subtle argument of Calhoun, the influence of a great party organization, and finally by an armed rebellion of unprecedented magnitude and power." While in practice his firm was engaged in a number of cases which went to the Supreme Court. In all but one Mr. Sibley framed the arguments and wrote the briefs, and in that he put in a brief of his own. Most of the cases were won. He also wrote an extended and able argument in a case in the United States District and Circuit Courts, involving the question of whether or not an assignee in bankruptcy takes title to assets subject to equitable liens 132 BENCH AND BAR OP OHIO. good between a creditor and the bankrupt. The decision was against him, but later the Supreme Court of the United States held the doctrine for which he contended in a precisely similar case, putting its decision on the ground also asserted in his brief. (Stewart v. Piatt, 101 U. S., 731.) In 1882 Mr. Sibley was elected Common Pleas judge, in the Seventh District, and re-elected in 1887 and 1892. He was each time nominated by acclamation, and for his third term elected without opposition. During more than twelve years on the Bench he has been reversed but twice by the Supreme Court. A number of his decisions, however, have been affirmed by that body. Judge Sibley first of all the Bench of Ohio, announced the law, under the Code, as to the limita- tion of suits to foreclose mortgages. For more than a generation the uniform practice had been to apply the rule of twenty-one years. Upon careful investi- gation of the whole subject he set this aside and held that such actions were barred in fifteen }^ears. His opinion in the Ohio Law Joxirnal (v. 23, 246) is one of the most thorough and able examinations of the question to be found in the reports of the State. The Circuit Court overruled him. But the case was taken up and the Supreme Court reversed the Circuit ruling, holding the law to be as Judge Sibley had declared it. (31 Ohio L. J., 290.) Another case tried by him was taken to the Circuit Court by appeal. On the same facts he in effect was reversed. The case turned upon the application of the statute of limitations where part of a public road had been fenced in. It was taken to the Supreme Court. The decision of the Circuit Bench was overruled, and the same judgment as that by Judge Sibley in the Common Pleas entered. (33 Ohio L. J., 220.) Two other important cases wherein he was affirmed throughout, and the doctrine of which had not before been declared in any reported Ohio decision, are Brundred vs. Pice, 49 O. S. 640, and Pride vs. Andrew, 32 Ohio L. J. 248. On request of members of the Bar, several other of his opinions have been reported. In one of them he was called on to define an action, right, cause, and the place of an action. This he did with such clearness and force that a judge of the Supreme Court wrote him in these words : " The able manner in which you have applied elementary principles, and your analytical distinction of an action, right of action, and cause of action will make the opinion of permanent value to the profession." The syllabus is as follows : " An action is a judicial proceeding for the preven- tion or redress of acts in violation of legal duty or right, the threat of which in some cases, and the doing of in all, is in law a wrong. A right of action is the right which, upon the commission of a wrong ipso facto arises from the law of remedy, to the injured party, of prevention or redress, by suit, against the wrong doer. A cause of action, in personam, is the wrong which, under the remedial law, gives to the party injured a right of action. Generally, the locus of a cause of action is the place where the wrong which con- stitutes it is done." In 1896 Mr. Sibley was nominated and elected circuit judge for the Fourth Circuit of Ohio, and began his duties as such in February, 1897. To accept this added honor he was compelled to resign from" the Common Pleas Bench, which, "however, he occupied longer than any other BENCH AND BAR OF OHIO. 133 judge in the district which elected him had ever done. Since 1856 Mr. Sibley has been a member of the Methodist Episcopal Church. In 1884 he was a lay delegate to the general conference. That body, in 1888, provided for a con- stitutional commission of three bishops, seven ministers and seven laymen. Of the latter, he was one. In 1896 another commission was authorized, on which he has been appointed. The judge won recognition as an able and useful member of both bodies. To the second Ecumenical Methodist Conference, held at Washington, D. C, in October, 1891, he was appointed a delegate and given a place on the program. He delivered an address upon " Marriage and Divorce Laws," which is published in the report of its proceedings. This attracted much attention, both on account of the principles maintained and the ability shown in their advocacy. He was at once engaged to write an article for the Methodist Review, on " The Grounds of Divorce." In this, after showing that Paul makes desertion a cause, he says : "Christ, then, named one ground, St. Paul another, wholly different. Consequently neither stated the moral law of divorce. Each, however, gave a case within, and which illustrates it. The law itself, evidently, must be broad enough to cover both cases, in which event it may, and as shown, does include others. Thence follows that it is not embodied in what is said on the subject by Paul and Christ. Hence the Scriptures nowhere declare this law. Therefore it is to be deduced from the nature, right to, and obligations of the marriage union, the two cases given justifying its severance, in connection with the consequences of these or like misdeeds, to a faithful mate, if divorce were denied. I state it thus: Adultery, desertion, and other acts which, like the first, destroy the sexual 2?urity of marriage, or like the second, operate to deny to an innocent partner and to society the substantial benefits of, and so what is essential in the right to marriage, if its bonds be held indissoluble, are in morals, as on sociological grounds, valid causes for annulling it. The gist of this obviously is in the principle, resting equally upon reason and Scripture, that the right to marriage, in what it implies, becomes paramount to the rule relating to its permanence, in cases of wrong to an innocent partner, whereby a primal law of the relation is abnegated, and one or more of the fundamental objects of the union is defeated. This view of the subject makes the great ends of marriage, moral and social, more important than its naked bond, as manifestly they are. It looks on the union, also, in its real character of a means designed to work noble results for those within it, and not a chain to fetter the good after the bad break and repudiate it. Moreover, it leaves to the innocent escape from propagation with the moral rot of adultery, or kindred vices, and from celibacy forced upon them otherwise, by the wicked- ness of desertion, or like crimes. Finally, we profoundly believe it accords perfectly with the Scriptures, so read as to give the life of their teaching on the whole law of marriage." For a decade the judge has been writing upon questions of church law. In 1894 he published a small volume on " The Organic Law of the Methodist Episcopal Church," which has been highly commended in critical notices. At its commencement in 1895, Claflin University, of Orangeburg, South Carolina, conferred upon him the honorary degree of Doctor of Laws. This, like the earlier one froni Marietta College, came without solicitation on his part, or so much as a hint of it, until done. In the Methodist Review for July, 1895, 134 BENCH AND BAR OP OHIO. the judge published an able article entitled "A Doctrine of Civil Liberty." He analyzed the conception of government and found its essential elements. Only his final summary can be given here. " Our discussion," he says, " has conducted to the conclusion that a sound doctrine of civil liberty may briefly be stated in three general propositions : 1. The true source of governing power is the properly expressed will of the men of a nation. 2. The relative rights of the subjects of government are determined by the rule of equality before the law. 3. Government is limited in its power to such action as maybe necessary to preserve social order, and to affairs of a public nature which it can better manage than could private per- sons. The first gives to government its popular character and presents the true antithesis to monarchic, oligarchic, and aristocratic systems. The second prevents the rule of the governing class from degenerating into tyranny, and so conserves justice, the great end of government. The third adjusts the balance between the freedom of the individual, as such, and the control over him, as, an integral part of the social organism, which the governing body may exercise." The judge is a great lover of music, especially that of the violin. He wrote a lecture on this instrument, which has been delivered at Mount Lake Park, Maryland ; De Funiak Springs, Florida; Chautauqua, New York, and else- where. Critics declare it to be a very finished production, of great interest to those who care for the king of instruments. He also recently has lectured on " How Civil Laws Come to Be," and is often called upon for speeches and addresses. His intellectual tastes and sympathies are broad and varied. Theology, history, philosophy, sociology, political economy, and particularly what relates to improving the condition and opportunities of the laboring classes excite his interest and attention. His opinions accord with those of Professor Ely, and others of the new school of economic thinkers, with respect to "socializing" or putting into government ownership "natural monopolies." He is a Knight Templar and belongs to the G. A. P. and Loyal Legion. A Republican in politics, his personal qualities and demeanor on the Bench are such that many of his warmest friends and supporters are Demo- crats. He belongs to the progressive party rather than the conservative, whether in church or State. Yet he does not break with the old until the superior worth of the new is clearly seen. Working with the exhaustion of a long " prison life " upon him and struggling more for knowledge than wealth, his means are limited. But his library, private and professional, is one of the best in the city where he lives. WILLIAM BUTLER LOOM1S, Marietta. The same energy and determina- tion to succeed that made the name of Loomis prominent in the industrial development of Connecticut for two hundred years, placed the subject of our sketch high up in his chosen profession at the Bar of Ohio. It is not ease, but effort; not luck, but labor, that brings success in the profession of law are maxims that Judge Loomis realized and acted on early in his career. His ancestors came from Essex in England and settled in Connecticut in 1638. .«S». ''MM BENCH AND BAR OF OHIO. 135 F©r generations the family of Loomis have been engaged in the production of fabrics, and in commercial pursuits the name is a familiar one. Both Chris- topher and Joel Loomis, the father and grandfather of Judge Loomis, were large manufacturers of cotton and woolen goods. William Butler Loomis was born at New London, Connecticut, February 1, 1837. When he was three years of age his father, Christopher C. Loomis, came West and located at Marietta, Ohio, and engaged in merchandising. Our subject attended the public schools of this town, and at the age of sixteen was graduated from the high school. The president of the board of education in charge of the school at that time was Dr. Israel Ward Andrews, who afterwards became president of Marietta College After leaving school he took a course in history, philos- ophy and letters, under private tutors. He then took up the study of law in the office of Clark ra,ctice at Cincinnati, where h^fesi ing and practical experience he peai id the practice without ioterrn,.:! >n le soon made for himself a name anc nchnation and aptitudes, re-enforced > were the potential influences whiCi a profitable business. Responding the State and Federal courts with successful lawyer bv either winning >v in a bad cause as to win the adra med ^several ^trtner ships dm nd 'A d u A. M. Lewis, third with 1 Referring ns Ohio became a oiati" Both of his parents were near the town which was d was passed on the farm is primary education was enty he was qualified for v'an University, Delaware. degree of A. B. upon le profession of law, and m of Josiah Morrow, who mty. After studying one ;,ered the Cincinnati Law achelor of Law. He first mained four vears. Well utoen, industry and tcted a large client- *;■■«■,:■, mands, of cases, and ||g or so conduct- 8 &l the Bench and at the Bar about he time — first with Dichant, and finally stands higher as a is career, one of the Alvin W. Kuhler Miltoh Clark ren b. Browh BENCH AND BAR OF OHIO. 345 leading members of the Warren county Bar writes substantially as follows : Judge Clark is perhaps the best fitted man by nature and education to fill the position of judge of any man who has occupied the Bench of the Common Pleas Court of Warren county for many years. He has good judgment, an equitable mind, and is thoroughly well posted in the principles of the law. As a prac- ticing lawyer he ranked with the best at this Bar, and when he was elected to fill the unexpired term of Judge Walter Dilatusb, deceased, he received the endorsement of every member of the Lebanon Bar, thus evidencing their con- fidence in him. In the two years he has sat on the Bench he has demonstrated that this confidence was not in any respect misplaced. It is the universal senti- ment with the members of the Bar here that when they go into court with a case they will get equal and exact justice for their clients in so far as his rulings and instructions will affect the result. He is absolutely impartial, inter- preting and applying the law, as he understands it, without fear or favor ; and he is in a position to do this. His elevation to the Bench was due solely to his recognized fitness for the place, and it came to him unsought. He was a member of the Lebanon Bar for about* fifteen years before going on the Bench. He established his reputation as a strong lawyer in the case of the State vs. Graham and Coleman, the defaulting auditor and treasurer of Warren county, which took place in Lebanon some ten years ago. Because of the large sum involved, and peculiar methods used in effecting the embezzlement, the case attracted wide attention. He was retained by the commissioners to assist Albert Anderson, the public prosecutor, and despite the fact that the culprits were defended by the ablest lawyers in the State, the prosecution was suc- cessful. His practice was large, and for several years he participated in most of the important litigation that arose in this county. One of his leading attributes is his ability to state his points clearly and concisely. He is unas- suming in his manners, always courteous and affable in his intercourse with his fellow men, whatever may be their position in life. He is high-minded and honorable. In all the years of his practice at this Bar he was never known to stoop to a mean act to secure an unfair advantage of an opponent. As a citi- zen he has the respect and esteem of the entire community, not only at home but wherever he is known. He is a man of strong convictions. Politically he is a staunch Republican, but aside from regularly assuming his prerogative as an American citizen to cast his ballot he has not been active in politics. Judge Clark has never sought or accepted political office. His abilities, activities and energies have been employed in his profession. He was endorsed generally by the Bar for election to the vacant judgeship in 1895, and was again nomi- nated by the Republicans for a full term in the spring of 1896 without opposi- tion. He was married in 1878 to Miss Isabella Gordon, of Lebanon, and has two children living. One of his brothers, Lucien Clark, was for many years a prom- inent minister of the Gospel in the M. E. Church. The family occupies a high position intellectually, socially and morally. The judge is not a member of any social club or benevolent society. His family and home take the place of a club for enjoyment and recreation, and the opportunities for benevolence are open on every hand. He is strong, self-poised and upright. 346 BENCH AND BAR OF OHIO. OREN BRITT BROWN, Dayton. Judge Brown was born at Juddo, Orleans county, New York, June 27, 1853. His parents were Colonel E. F. Brown and Elizabeth Britt Brown, both natives of New York. Colonel Brown entered the United States service as commander of the Twenty-eighth New York Regiment in 1861 and lost his left arm at the battle of Cedar Mountain. Recovering from his wound he remained in the service until the close of the war, as post department commander. On the completion of the National Millitary Home at Dayton he was, in 1868, made governor, retaining the position until 1880, when he was made inspector general of the entire system of national military homes. Oren Brown's early education was obtained in the public schools of Medina, New York, which he attended until he came to Dayton with his father's family, in 1869. For two years thereafter he attended the Dayton high school, when he entered the Dennison University at Granville, Ohio, continuing his studies there for three years. In January, 1874, he entered the sophomore class at Princeton College, from which insti- tution he was graduated in 1876. He began his legal studies the same year in the office of Gunckle & Rowe, prominent practitioners at the Dayton Bar. He was admitted to the Bar in 1878 and began practice at once. He was nominated for prosecuting attorney in 1879 and defeated by a small majority, the entire ticket being defeated. In 1881 he was the nominee of the Republi- can party for clerk of the courts of Montgomery county, and was the only one elected on his party ticket. He served in this position three years, declining another nomination in order to resume his law practice, which was done by forming a co-partnership with Oscar M. Gottschall, under the firm name of Gottschall & Brown, a relation that remained in effect until he was appointed to the Common Pleas Bench, in July 1896. Possessing both tact and ability he built up a valuable clientage early in his professional career. The firm of Gottschall & Brown has for several years been one of the most prominent in southwestern Ohio. Being in hearty sympathy with the principles of the Republican party and possessing qualifications of a leader, he very naturally became quite prominent in local and State politics, although he never accepted an office for himself that was not in the line of his profession. He represented the Third Congressional District as a delegate in the National Republican Convention at Chicago in 1888. During several campaigns he served as chair- man of the county central committee and has represented the party frequently in State conventions. He was chairman of the Montgomery county delega- tion in the convention held at Zanesville in 1895, which nominated Bushnel for governor, Foraker for United States senator and McKinley for President. He was for many years president of the board of elections of the city of Day- ton, and until he went upon the Bench. In June, 1896, upon the unanimous recommendation of the Dayton Bar, Mr. Brown was appointed by Governor Bushnell to the judgeship of the Common Pleas Court, third subdivision of the Second District, made vacant by the death of Judge Elliott. At the Novem- ber election of the same year he was chosen judge for a full term of five years. Referring to his career as a lawyer and a citizen, one of the practitioners of the Dayton Bar, remarked : BENCH AND BAR OF OHIO. 347 " So far Judge Brown's work on the Bench has been very satisfactory and I have no doubt that he will maintain himself well in the position under all circumstances. He is well versed in the principles of law and has good judgment ; is fair and impartial, firm in his convictions, dignified in bearing and commands the respect both of the Bar and of the public. As a lawyer he has been a success and as a public-spirited citizen he is universally respected. Like all men of capacity and force he has created some animosity, but he has never stooped to take an unfair advantage of an opponent, either in the political arena or in the practice of law." Judge Brown was married June 12, 1883, to Miss Jeanette Gebhart, daughter of Simeon Gebhart, an old and prominent resident of Dayton. In social circles Judge and Mrs. Brown are highly esteemed. GEORGE B. HOLLISTER, Cincinnati. George B. Hollister was born at Plattsburg, Clinton county, New York, April 29, 1820. His father, Alva Hollis- ter, who was a farmer, and his mother, Polly Munson Hollister, were natives of Manchester, Bennington county, Vermont, and resided at that place during most of their lives, each living to be considerably over seventy years of age. Mr. Hollister's paternal grandfather and his maternal great-grandfather were soldiers in General Ethan Allen's army of Green Mountain boys, and his ancestors, direct and collateral, took an active part in the American Revolu- tion. When a youth Mr. Hollister attended the Burr & Burton Seminary, founded in part by his great-uncle, Josiah Burton, and was there prepared for Middlebury College, which he entered in the class of 1847. After two years of study at college his health failed, and in hope of regaining it he went to New Bedford, Massachusetts, and shipped on a whaling vessel then about to start on a long voyage. For two years and a half the vessel cruised in the Pacific Ocean, Behring Sea, and Sea of Okhotsk, and was the first whaler to enter the Japan Sea. After a successful voyage the ship returned by way of Cape Horn, bringing back the young sailor then in most vigorous health. In 1848 Mr. Hollister came to Cincinnati and entered the law office of Thomas J. Strait, then in active practice, with whom was S. S. Cox. Two years later he was admitted to the Bar, and has been in continuous practice for more than forty-seven years. In 1851 he was married to Laura B. Strait, the only daugh- ter of his law preceptor. The children were Ella S., Emma B., Howard C, Th omas, Laura S., and Burton P. Hollister, and the familv reside on Southern avenue, Mt. Auburn, where Mrs. Hollister has lived for fifty-six years. Mr. Hollister continues in the active practice of his profession in partnership with his second son, Thomas. In politics Mr. Hollister was a Whig, and became identified with the Republican party at its formation, and has since been an earnest supporter of it. While a member of the city council, as chairman of the law committee, it became his duty to take charge of the organization of the McMicken, or Cincinnati, University. He subsequently entered the board of trustees of that institution and remained a member for sixteen consecutive 348 BENCH AND BAR OV OHIO, years. In 1866 and 1867 he was a member of the Ohio Senate. For many years Mr. Hollister has been a member of the Presbyterian Church, and is now an elder in the Mt. Auburn Church. GEORGE W. KISSER, Ottawa. On his father's farm in Putnam county, near Pandora, George W. Risser was born October 30, 1868. His father, David Eisser, was a native of Bavaria, Germany, and his mother, Margaret Krohn, of German descent, was a native of Butler county, Ohio. David Risser left the Fatherland in 1856 for the United States — the land offering larger liberty and better rewards for labor. After living a short time in New York State he came on to Cleveland, wherein June, 1861, imbued with patriotism for his adopted country, he enlisted in the Union army. He served throughout the war and was mustered out in November, 1865. Returning to Ohio he settled on a farm in Putnam county, where he has continued to live and prosper with the thrift characteristic of the industrious citizens of his nationality. On the 24th day of May, 1866, he married the daughter of Samuel and Sarah Weaver Krohn, and George W. Risser is the first born of this union. He worked on his father's farm and attended the country school in boyhood, cultivating the habits of industry, econom} 7 and thrift while he acquired the rudiments of a substantial education, broadened later by attending a business college at Ada, Cleveland and Delaware, and rendered more practical by three j r ears of teach- ing during the time he was a student. He was graduated from the business course of Delaware College. In October, 1891, he entered the Cincinnati Law School, where he remained to complete its course of study and from which he received his degree of Bachelor of Laws on the last day of May, 1893. The next day he was admitted to the Bar of Ohio, with permission to practice in all of the State courts. He settled in Ottawa at once and entered the office of A. V. Watts, where he remained two years. On the first day" of January, 1895, he opened a law office on his own account and has carried on a general practice alone to the present time. Although a young practitioner he has managed a considerable amount of important litigation, and so successfully as to prove his adaptability to the law. Politically Mr. Risser is a Democrat, zealous for his party's success and active in behalf ol it. During the campaign of 1896 he loyally supported the ticket nominated by the convention held in Chicago. He is a pleasing, argumentative speaker. In 1897 he was nominated by his party for prosecuting attorney of Putnam county, and was elected in Novem- ber by a plurality of more than eighteen hundred, the largest plurality ever given to a candidate for that office in the county. Mr. Risser is a member of the order of Free and Accepted Masons and of the Knights of Pythias. He is manager of the Ohio Telephone Company, operating in Putnam county, and has already made a reputation as a business man equal to his reputation at the Bar. The elements that combine to make him a strong character are well compacted in him, and his personal worth is duly attested. The, Century Publishing & Engraving Or. Chicago BENCH AND BAR OP OHIO. 349 HARRY D. CRITCHFIELD, Mount Vernon. Harry D. Critchfield is a native of the State and of Knox county. He was born on a farm within six miles of Mount Vernon. His boyhood until the age of sixteen was spent in work on the farm and in attendance at the district school. For the next two years he was a student in the high school at Urbana, after which he worked for several years as a clerk in mercantile houses at Mount Vernon. The con- finement indoors had a deleterious effect upon his health and he went to the mountainous regions of the West to recuperate. After spending four years in Montana and regaining his health he returned to Mount Vernon and took up the study of law. He studied in the office of Critchfield & Graham from December, 1887, to March, 1889, when he was admitted to the Bar. For the first five years he practiced alone, and then, in January, 1894, he received H. C. Devin into partnership, and the firm of Critchfield &Devin,then formed, con- tinues in business. In April, 1892, Mr. Critchfield was elected city solicitor, and in 1894 was re-elected, holding the office four years and performing the duties appertaining thereto in a very efficient manner. During his continu- ance in the office he was called upon to defend the municipality in several important suits brought against it for damages. With zeal and ability he guarded the corporation from all attempts to loot the public treasury. At the same time he advocated a liberal policy in the matter of street improvements and kindred enterprises undertaken to promote the beauty, the material pros- perity of the city and the comfort of her citizens. The paving of streets was an incident of great importance whilst he was the official adviser. In private practice he has secured a valuable clientage, whose business he manages suc- cessfully both in and out of the courts. He is the adviser and active attorney of some large companies whose business is not only extensive but involved. Among his clients are C. and G. Cooper & Co., of Mount Vernon, proprietors of the water works. The duty of winding up the affairs of the Mount Vernon Bridge Company was intrusted to him. Mr. Critchfield is an active, earnest, zealous Republican. He was appointed the first State organizer of the Repub- lican League, and has served as chairman of the county executive committee. In politics, in his profession and in personal matters he is active, vigorous and successful. He is well read and generally informed on matters of public importance or concern. He is keen, shrewd, aggressive and a good speaker. ' His social status is indicated by membership in the Royal Arcanum, the National Union and all the Masonic bodies of the city. He was married Jan- uary 20, 1890, to Miss Elizabeth Curtis, granddaughter of Hosmer Curtis. They have one daughter, Catherine 0., five years old. HOWARD CLARK HOLLISTER, Cincinnati. Judge Hollister was born Sep- tember 11, 1856, on Southern avenue, Mt. Auburn, Cincinnati, Ohio. He is the eldest son of Honorable George B. Hollister and Laura B. (Strait) Hollister. George B. Hollister was born in Plattsburg, New York, of Vermont parents 350 BENCH AND BAR OF OHIO. and was, in fact, a Yermonter by family and training. Coming West, he was associated in the practice of the law with his wife's father, Thomas J. Strait, then one of the most successful lawyers in Ohio. George B. Hollister became a prominent member of the Bar of Hamilton county, Ohio, and served in the Senate of the State of Ohio. Howard Hollister was by inheritance, then, a lawyer. He was educated at the public schools, but left before he finished his course at Woodward High School to complete his preparation for college by two terms at Greylock Institution, South Williarnstown, Massachusetts. In September, 1874, he entered the academical department of Yale University and was graduated in June, 1878. He has always had a magnetic social qual- ity and a power of attracting and retaining friends, which made him one of the most popular and best beloved members of his large class of one hundred and twenty-five men. Although he did not make any particular effort to secure honors in scholarship, he derived a benefit from his college life in mental dis- cipline and a knowledge of men which has stood him in good stead ever since. After graduation he returned to Cincinnati and studied law with his father and attended the Cincinnati Law School. He was admitted to the Bar of the Supreme Court of Ohio in May, 1880, and within a few weeks after received the degree of Bachelor of Laws from the Cincinnati Law School. In the year 1882 he was appointed assistant prosecuting attorney of Hamilton county and acquired a valuable experience while still young at the Bar in the trial of jury cases and the examination of witnesses. When he left the prosecuting attor- ney's office he became a member of the firm of Hollister, Roberts & Hollister. He developed an interest in his professional work and a power of application that soon attracted clients. After a practice of some ten years he was elected a judge of the Court of Common Pleas of Hamilton county, in the fall of 1893, by a handsome majority. He has brought to the discharge of his duties on the Bench the same industry and power of application which were shown in his practice, and in the administration of his office he exhibits a high appreciation of^its dignity and responsibilities which is too often wanting in the members of the judiciary. He is making a valuable reputation as judge. Judge Hol- lister, on the 2nd of June, 1887, was married to Miss Alice Keys, a daughter of Samuel B. and Julia (Baker) Keys. They have four children, three boys and one girl. The judge's home is on Madison Road, East Walnut Hills. COLUMBUS DELANO, Mount Yernon. Any history of the Bar of Ohio during the last fifty years, or, in fact, any history of prominent men of Ohio in any department during the period would be incomplete if it omitted any reference to Columbus Delano, who for more than half a century was one of the most brilliant lawyers, and one of the most cultivated of the prominent public men of the State. Through a long and busy career he was recognized as a leader in public affairs, and reached a high position among his contem- poraries as a man of brilliant attainments, strict integrity and far-reaching BENCH AND BAR OF OHIO. 351 influence. Columbus Delano was born at Shoreham, Vermont, June 15, 1809, and died at his residence, Lake Home, near Mount Yernon, Knox county, Ohio, October 23, 1896, in the eighty-eighth year of his age. At the age of eight years he was removed to Ohio, in the care of relatives, who settled in the county of Knox. His boyhood was passed on a farm, where he engaged in the usual farm work of that time, but he was devoted to study and made good use of all his spare time in the pursuit of knowledge. His elemental education was acquired at such schools as were then available, by means of which he gained a good common school education and a fair knowledge of the classics. He had an absorbing love of history, and at the age of eighteen he had read such standard historical works as were then available in a rural neighborhood. He was ever of a serious and thoughtful disposition and early looked upon life as a matter of the utmost importance, and after long deliberation he chose the legal profession as the vocation best adapted to make his way to a useful position in the community. In 1829 he entered the law office of Hosmer Curtis, at that time the leading attorney at the Knox county Bar. After three years' study he was admitted to the Bar, in 1832, and at once entered upon the practice of law at Mount Yernon. His success as a practitioner was imme- diate and phenomenal. Soon after his admission he had the good fortune to be retained as junior counsel in a very important case involving intricate legal questions and a large estate. By an accident he was left in sole management of the case when it came to trial, in which he achieved a signal victory, and at once gained such a reputation that he was elected prosecuting attorney in a county largely opposed to him in politics. He served one full term, and was re-elected, but resigned because of his rapidly growing practice, with which his official duties seriously interfered. His close application to business, his con- stant attendance upon the courts of his own and adjacent counties, his unusual skill and success as an advocate, his industry and prominence in his profession and his strict integrity met with their deserved reward, and at a comparatively early age he went to the front rank of his profession in Ohio, among the Ewings, Stanberrys and others, whose legal reputation was national. Mr. Delano was an anti-slavery Whig in politics, and while seeking no office and holding none, he was looked upon as the leading exponent of the principles of his party in all State and local contests, and his reputation as a stump orator extended beyond the bounds of his State. His congressional district was strongly Democratic, and a Whig stood little chance for official honors. In 1844, however, he was unanimously nominated as the Whig candidate for Congress, and although the Democratic candidate for governor for that year carried the district by a majority of over six hundred, Mr. Delano was elected over his Democratic oponent by a majority of twelve votes, after one of the most hotly contested campaigns in the previous history of the State. Mr. Delano took his seat in the Twenty-ninth Congress, in 1845, where he soon took high rank as a leader and debater in that eventful time. The Twenty- ninth Congress contained many men of great experience and abilty. Mr. Delano was a member of the committee on invalid pensions, where he ren- 352 BENCH AND BAR OP OHIO. clered excellent service, but bis influence was by no means confined to the duties of that committee. He bore an active part in the heated and often acrimonious debates of the session, and his career was brilliant. His district having been changed in the meantime, he was not a can- didate for re-election, but returned home and closed up his business preparatory to a removal to the city of New York. At the Whig State Convention of 1848 he came within two votes of receiving the nomination for governor. Retiring from the practice of law he removed to New York as principal of the banking firm of Delano, Dunlevy & Co., with a branch at Cincinnati, Ohio, in which business he was very successful. In 1856 he returned to Ohio to engage in agricultural pursuits, for which he always had a very strong predilection. He was a delegate to the Chicago convention of 1860, and was an ardent friend and supporter of Mr. Lincoln. In 1861, at the outbreak of the war, he was appointed by Governor Dennison as commissary general of Ohio, and administered the affairs of that department with his usual thoroughness and marked ability. In 1862 he was a candidate before the Republican legislative caucus for United States Senator and again lacked two votes of the nomination. In 1863, he was a member of the Ohio legislature, where his legal talent and his thorough familiarity with public affairs enabled him to render most valuable service. In 1864, he was a delegate to the Balti- more Republican National Convention and was chairman of the Ohio delega- tion. He was elected to the Thirty-ninth Congress, in which he was chairman of the committee on claims, a position involving a vast amount of labor. It is a remarkable fact that during that session every bill that Mr. Delano intro- duced became a law. He was re-elected to the Fortieth Congress, in which he was a member of the committee on foreign affairs. March 5, 1869, he was appointed by President Grant commissioner of internal revenue. Here his careful business methods came into play and his administration of the affairs of that important bureau was marked by the most signal success. Under his administration the bureau was thoroughly re-organized and so effective was his management that, in a single year, he increased the revenues from distilled spirits more than 300 per cent, and on tobacco more than 400 per cent. It was during Mr. Delano's administration of the internal revenue department that the first colored man was appointed to a clerkship under the United States government. November 7, 1870, Mr. Delano was appointed secretary of the interior, a position he held until October 1, 1875, when he resigned and returned to his farm in Ohio. He discharged the duties of sec- retary with characteristic ability and painstaking method. From the time of his retirement from the interior department he spent his time at his beautiful country place near Mount Vernon, Ohio, where he enjoyed the well earned repose from life's labors, though he was far from being an idle man. He engaged in the active management of his large estate and in sheep raising, his flocks being among the finest in the country. He was the founder and for many years president of the National Wool Growers' Association, and he was the recognized champion of the wool industry during several tariff revisions of BENCH AND BAR OF OHIO. 353 the past two decades. In that behalf he was of great service to the flock masters of the country. In educational and religious affairs he took great interest. He was for many years trustee of Kenyon College and its ancillary institutions, and at the time of his death was chairman of the executive com- mittee of its board of trustees. "Delano Hall," built by him, is a fitting memorial of his substantial interest in the institution. He was a life-long member of the Protestant Episcopal Church. In his religious life he was earn- est, constant and straightforward. His zeal and devotion to his church and its interests were recognized by his associates in that he was a senior warden of St. Paul's Episcopal Church at Mount Yernon and was repeatedly elected a delegate to diocesan and national assemblies. For many years, and, at the time of his death, he was president of the First National Bank of Mount Yernon. He was one of the oldest Free Masons in Ohio at the time of his death. His domestic life was peculiarly happy and beautiful. In 1834, he was united in marriage with Miss Elizabeth Bateman Leavenworth, a native of Connecticut, who survives him. The fruit of this marriage was three children, one of whom died in infancy — Elizabeth, wife of Rev. John G. Ames, of Washington, D. C, and John Sherman Delano, who died a few months before the death of his father. Mr. Delano was not an ambitious man in the ordi- nary sense of that word, in that he was not self-assertive. What he gained in the way of public recognition he deserved by his recognized talent, his great industry, his careful and conscientious discharge of duty and his power as a public speaker. He was especially valuable as a cautious, conservative coun- sellor, not liable to be stampeded by excitement, and calm in the midst of alarms which were apt to sweep the average statesman from his moorings. So thoroughly grounded was he in the elementary principles that a longer experi- ence at the Bar must have raised him to the ver} r highest rank in the profes- sion, if he did not really attain that position in his comparatively short career lawyer. SHELDON H. TOLLES, Cleveland. S. H. Tolles was born at Burton, Geauga county, Ohio, October 1, 1858. His father, Henry S. Tolles, a mer- chant andanatuve of Connecticut, located in Ohio about 1850. His mother was Cynthia Hitchcock, a daughter of the late Judge Peter Hitchcock, who for twenty years was judge of the Supreme Court of Ohio and one of the most useful members of the constitutional convention of 1850. The early education of Mr. Tolles was in the district schools of his native town. Afterwards he entered the Western Reserve College, from which he was graduated in 1878. He at once entered the office of Judge J. B. Burrows, at Painsville, where he studied law and was admitted to practice in 1880. He then went to Minne- apolis, Minnesota, and practiced there for one year. Returning to Ohio in the winter of 1881-2 he located in Cleveland and formed a partnership with Judge J. E. Ingersoll, the firm being Ingersoll & Tolles. This partnership was shortly afterwards dissolved, in consequence of Mr. Ingersoll's appointment as 354 BENCH AND BAR OF OHIO. judge of the Court of Common Pleas. Mr. Tolles then became the junior in the firm of Henderson, Kline & Tolles. In January, 1895, Mr. Henderson retired and the firm of Kline & Tolles was continued for one year, when it was augmented by the addition of two new members — W. F. Carr and F. H. Goff — and the firm of Kline, Carr, Tolles & Goff was formed. The practice of Mr. Tolles has been general, but he has always had a large amount of cor- poration and manufacturing business. He is a man of ability and high moral character, and his standing at the Bar and in the community is excellent. In politics he is a Republican but has never held an office or been an applicant for office. In 1887 he married Jessie E. King, of Painesville, and has two sons. DANIEL A. RUSSELL, Pomeroy. Honorable D. A. Russell, one of the judges of the Fourth Circuit, is an excellent scholar, an eminent jurist, an esteemed citizen. He was born on a farm in Athens county, Ohio, September 2, 1840, and at the age of three years removed with his parents, who settled on a farm in Meigs county. His early educational advantages were such as the district schools of that county afforded. When he arrived at the age of sixteen he entered the Ohio University at Athens, where he studied two years, and then went to the Ohio Wesleyan University at Delaware, where he also remained for two years. He left college with the class of 1860 to continue his studies a little later, and in the meantime accepted a position in the county treasurer's office at Pomeroy. He remained but a short time in this office. The blood of the heroes of 1776 was in his veins, and when his country called for defenders he promptly laid aside his own hopes and aspirations and offered himself for his native land. He enlisted July 16, 1861, in Company E, Fourth Virginia Infantry, as a private soldier, and served with marked bravery in the first West Virginia campaign, participating in the battles of Hurricane Ridge, Charleston and Poliko, West Yirginia. August 22, 1861, he was promoted for bravery on the field to the position of second lieutenant of his company. In September, 1862, he was again promoted to first lieutenant, and January 5, 1863, he was made captain of his company. His regiment was transferred to the West, and he took part in the important action at Haines Bluff, Miss- issippi, and served with Grant during the siege of Vicksburg, where he was twice hit by confederate bullets. He was with Grant's army at the battle of Cherokee Station, and the siege and capture of Jackson, Mississippi, and the famous battle of Missionary Ridge, where the entering wedge that split the confederacy in two was driven. From there his regiment was sent East and attached to Sheridan's army, operating in the Piedmont region of Yirginia. He was an actor in the battles of Piedmont, Lexington, Lynchburg, Snickers Ferry, Winchester, Cumberland and other engagements that followed in rapid succession the movements of that dashing commander. His term of enlist- ment having expired, he was honorably discharged September 11, 1864. February 3, 1865, he was appointed major of the 187th Regiment Ohio Yol- BENCH AND BAR OF OHIO. 355 unteer Infantry, and served in that capacity until January 27, 1866, when he received his final discharge. After closing his army career, he took up the thread where he had dropped it in 1861. He entered the law school at Cincin- nati, and was graduated in April, 1866, and admitted to the Bar at the same time. Having finished his preparation he returned to Pomeroy and took up the active practice of his profession in partnership with Louis Paine. This connection lasted for one year, when the partnership was dissolved. He next associated himself with John Cartwright, an arrangement that continued until 1874. He was city solicitor for six years, from 1873 to 1879. In 1874 he associated his brother, Charles Francis, in partnership with himself under the firm name of Kussell & Russell. This firm continued in this connection until our subject, in 1889, went out of the firm to take a seat on the Bench of the Fourth Judicial Circuit, to which he had been elected the previous year for a term of six years, and to which he was re-elected at the close of the term in 1891. He is said to possess one of the ripest legal minds in the State. He was chosen as one of the delegates which met at Columbus, Ohio, in 1873 to revise the State constitution. Of his attainments and the esteem in which he is held by those who have known him longest, we reproduce quotations from a few men prominent in the profession from all parts of the fourteen counties which his circuit embraces, and from his colleagues on the Bench: " ' Judge D. A. Russell stands high in his profession, and as a judge admin- isters justice fairly and impartially. He is one of our foremost citizens, and is a liberal and public spirited man in all matters pertaining to the welfare of the community. In his practice he was a good all round attorney and as a trial lawyer was hard to surpass. Judge Russell is a lawyer of ability and an able practitioner, and as a judge is sustaining himself on the Bench. His decisions stand the tests of the higher courts.' ' At the time he was called to the Bench he was considered the best lawyer at the county Bar and had the largest practice. As a citizen he is held in very high esteem.' ' I have tried cases with Judge Russell and I know that he deserves his high reputation as a lawver. He is conscientious and will not swerve in the discharge of his duty, unpleas- ant though it may be. As a soldier he had no superior, and as a citizen ranks high.' 4 1 have the very highest opinion of Judge Russell. Have known him for many years and have been associated with him in many very important cases, and he has the best ideas of the ethics of the profession of any man I ever knew. As a lawyer he has no superior in this district, and as judge is popular with the Bar and with the public. Socially, he stands high, and as a companion and friend no one can be more.' " Judge Russell was married September 23, 1873, to Miss Florence R. Ral- ston, daughter of James Ralston, of Meigs county. They have three children : Ralston, Albert D. and Florence E. He is a member of Pomeroy Lodge Free and Accepted Masons, also of Bosworth Council and of the Grand Army of the Republic. 356 BENCH AND BAR OF OHIO. FKEDERICK II. GOFF, Cleveland. F. II. Goff, the junior member of the firm of Kline, Carr, Tolles & Goff, was born at Blackberry, Kane county, Illi- nois, on the 15th day of December, 1858. His father, Frederick C. Goff, who is largely interested in coal mining, is a native of Connecticut. In 1854 he removed to Columbia, South Carolina, where he remained but a short time. He removed to Chicago in 1856, and from there went to Kane county, Illinois, where the subject of this sketch was born. In 1862 he removed to Chicago, where he resided until 1866. From Chicago he came to Cleveland, where he has since resided. The mother of Frederick H. Goff, Catherine J. Brown, was born in New York City in 1835. He attended the public schools of Cleveland until eighteen years of age. In 1876 he entered the high school at Ann Arbor, Michigan, where he was prepared for the university. In 1878 he entered the University of Michigan, and was graduated in 1881. Returning to Cleveland, he was appointed librarian of the law library, and at once began the study of law under the direction of Judge C. E. Pennewell. In 1883 he was admitted to the Bar. In October of the same year he began practice in the office of W. F. Carr. In the following year the firm of Carr & Goff was formed, and con- tinued until January 1st, 1890, when the firm of Estep, Dickey, Carr & Goff was organized. January 1st, 1896, Messrs. Carr & Goff withdrew and assisted in forming the firm of Kline, Carr, Tolles & Goff. He continues in the prac- tice as a member of this firm. Mr. Goff is the general counsel of the Cleve- land Terminal and Valley Railroad, and the local counsel of the Baltimore and Ohio Railroad. He is a lawyer of ability, a close student, and occupies an enviable position at the Bar and in the community. Politically he is a Repub- lican, but has never held or sought office. He is a member of the Rowfant Club, the leading literary organization of Cleveland. In October, 1894, Mr. Goff married Frances, daughter of W. P. South worth, of Cleveland. By this union there is one daughter. HENRY G. BAKER, Defiance. The subject of this sketch is a native of Ohio, born at Cleveland, September 22, 1857. His mother was a native of the State of New York, of Dutch lineage, and his father emigrated from Holland. His paternal ancestors, originally English, removed from England to Holland in the days of Peter the Hermit, at the time when the followers of that great preacher were making their first pilgrimage to the Hoi)' Land. They pos- sessed much of the self-abnegation and the consecration to duty that charac- terized the pilgrims of the Crusades and those of a later century who left Holland for America to secure freedom of conscience in worship. The family removed from Cleveland and settled in Defiance when Henry was only eight years old, so that his early education was acquired in the common schools of the latter city. It was begun and ended in the public schools, so far as text- books and class recitations are concerned. In 1879, at the age of twenty-two, he commenced the study of law in the office of Hill & Myers, and was BENCH AND BAR OF OHIO. 357 admitted to the Bar in 18S1. Taking up the practice alone he continued in that way until January 1, 1897, when he formed a partnership with Honor- able W. D. Hill, who was head of the firm in whose office he pursued his pre- paratory studies. Mr. Baker has always manifested lively interest in politics and affairs generally, supporting the Democratic party loyally by the full measure of his influence. In 1879 he was elected justice of the peace and enjoyed the distinction of being the youngest incumbent of that office in the State of Ohio. After discharging the duties of the justice's office two years he resigned. In 1890 he was elected probate judge and held the office one term. As candidate for re-election in 1894 he was caught in the avalanche which swept his party off its feet throughout the country, and was permitted to return to the practice of law. In 1892 he was appointed commissioner of the World's Columbian Exposition. This graceful compliment was bestowed by Governor Campbell, and was the last official act of that governor. He was one of the very active Ohio commissioners transacting business relating to the exposition, was chairman of the committee on education and a member of several other important committees. He is not actively connected with church or society affairs. September 12, 1881, he was married to Miss Lilian M. Steele, of Henry county, a cousin of Chief Justice Waite. Their only child is Myrtle, born September 11, 1882. Mr. Baker spent two or three years of his time, after being admitted to the Bar, in travel and observation through all the Western States and Territories, including the Republic of Mexico, which give him an opportunity of observing and studying the various conditions in the laws, manners and customs of the people upon our Western frontier and of its Mexican neighbors. He is a man of pleasing address, exceedingly urbane and courteous to all with whom he comes in contact, and though not possessing a classical education, he impresses himself upon strangers as a thoroughly educated man. He is an advocate of more than ordinary power, and is a natural orator. Though young in the practice, he has already attained a reputation as one of the best lawyers and advocates in north- western Ohio. On the first of January last he formed a partnership with W. D. Hill, his former preceptor, and the firm of Hill & Baker now enjoys a lucrative practice at Defiance. It is conceded by everyone, both friends and political opponents, that in every public position he has filled he has done it with great credit to himself and to the service in which he was employed. His old-time popularity in Defiance county and northwestern Ohio has more than returned to him, and wiped out the sting of his defeat in 1894, which was brought about by financial failures in Ohio, with which he was supposed to be connected, but in which he was really not interested to the extent of a single dollar. In 1896 his friends urged him to be a candidate for his old position, probate judge, but he declined. His subsequent experience has shown that he would have been elected by an immense majority, but his law practice is more lucrative than the salary of that office. He is a man of untiring energy, and of sleepless vigilance in the prosecution of his business, never neglecting a 358 BENCH AND BAR OF OHIO. single detail which he thinks might be of service to his clients. If he continues to grow in reputation and usefulness as he has in the last two or three years he is destined to become one of the most eminent lawyers of the State. WILLIAM L. PARMENTER, Lima. William Lewis Parmenter, born at Lima, Ohio, May 12, 1867, is of 'English descent. His father was Cornelius Parmenter, a native of Greene county, New York, who removed to Ohio in 1855, was for twenty years editor of the Allen County Gazette, the leading Republican paper of this section, and was post master of Lima by appointment of Presidents Lincoln and Grant. His mother was Mary E. Boyer, of Lima. " He attended the public schools and was graduated from the Lima high school in 1884. After that he worked for one year at the printer's trade in his father's office, but not taking kindly to the business decided to study law. He pursued a course of reading in the office of Davis J. Cable. He entered the University of Michigan and took the law and literary course, graduating in 1888 from the Law Department, and forming a partnership with his former preceptor, which still continues under the firm name of Cable & Parmenter. The firm is energetic in the prosecution of business, progressive in its methods and has a general practice, taking cases in all the courts. One of the important cases conducted by them was that of Frank B. Craig vs. The L. E. and W. R. R. Co. This was an action brought for damages on account of personal injur- ies received by plaintiff while in the employ of defendant company. The case was tried in the United States Circuit Court in June, 1895, before Judge Ham- mond, and a verdict and judgment of $12,000 for the plaintiff secured. This is one of the largest judgments ever entered in the United States Court at Toledo in a personal injury case. Mr. Parmenter is an ardent Republican ; has always taken an active interest in the success of his party. He was unan- imously elected chairman of the Republican executive committee of the Third Judicial Circuit (comprising sixteen counties), organized for the purpose of promoting the election of Judge James L. Price, and it is claimed that the result was largely due to Mr. Parmenter's personal efforts, as Judge Price was the first Republican ever elected judge in the circuit. He was married June 2, 1891, to Miss Hattie A. Crippen, daughter of Milton A. Crippen, of Lima. Of two sons born of this union, one, Warren Crippen, is now living. The family attends the Baptist Church. One of the oldest and most prominent members of the Bar contributes this testimonial : " William L. Parmenter shows great ability as a lawyer ; is a persuasive speaker, and a man of considerable force, good sense and excellent judgment. He ranks as one of the leading members of the Bar of Allen county, and I predict for him a brilliant future." The Century -Publishing ScHnymviny Co. CI Mayor BENCH AND BAR OF OHIO. 359 EVAN H. HOPKINS, Cleveland. Evan Henry Hopkins was born on the 4th day of November, 1864, at Johnstown, Pennsylvania. His father, David J. Hopkins, was of Welsh parentage, having been brought to this country when three years of age. His mother was Mary Jeffreys Hopkins, also of Welsh parentage, and also brought to this country, in her fourth year. Her father was the Rev. John L. Jeffreys, one of the foremost ministers of the Welsh Calvjnistic Methodist Church in America. The parents of Evan H. Hop- kins raised a family of nine sons and one daughter. Eight of the sons are still living. In his younger days E. H. Hopkins was connected with the Cleveland Rolling Mill Company of Cleveland, but at the age of nineteen years entered the Western Reserve Academy at Hudson, Ohio, whence he graduated in 1885 at the head of his class ; he then entered Adelbert College in Cleveland, whence he graduated in 1889 with philosophical honors. He then entered Harvard, whence he graduated in 1892 with the honor degree, and while connected with the law school was one of the board of editors of the Harvard Law Review. Prior to his graduation at the law school, that is, in the fall of 1891, he was admitted to the Bar of Ohio. In the fall of 1892 he was chosen registrar of the Law Department of the Western Reserve University, and to him fell a considerable portion of the work of organizing that department. In the year of 1895 he was made clean of the Law Department, and holds that position now. In connection with his duties as dean he has also taught several of the subjects of the school course, having made a specialty of the subjects of torts, contracts and equit} 7- jurisdiction. The school was begun with a class of twenty-two in the fall of 1892, and now has an enrollment of ninety men, and offers one of the most extensive courses of study that can be obtained anywhere in the country. Since 1892 Mr. Hopkins has also been a member of the Cleve- land public library board, and for the three years last past he has acted in the capacity of secretary of the board. He has also been a member of the board of directors of the Y. M. C. A. of Cleveland for the past two years. In 1892 he formed a partnership with Mr. Frank R. Herrick, and since that time this firm has practiced law under the firm name of Herrick & Hopkins. Mr. Hop- kins married Miss Frances P. Shane, of Cleveland, in 1892, and by the union there is one daughter. MOSES B. EARNHART, Columbus. Moses B. Earnhart was born on a farm near the village of Fletcher, Miami county, August 7, 1849. His grand- father Earnhart was a native of Germany, and emigrated to Pennsylvania in the early part of the present century, locating near Harrisburg, and subse- quently moving to Ohio about 1820. The father of Moses was Jacob Earn- hart, a minister, first of the Christain Church and afterwards of the Baptist denomination, serving in all some forty years in the pulpit. His mother was Philene Branson, a native of Miami county, Ohio, of German-English ancestry. Moses obtained his early education in the common school of his native village, and in the high school, from which he graduated in 1870, 360 BENCH AND BAR OP OHIO. entering the same year Miami University, from which he graduated in 1872. He then entered the Law School of the University of Michigan, and received his degree of LL.D. in 1874. .Returning to Ohio, he was admitted to practice in 1875, and opened an office in Troy, with W. S. Thomas. In the fall of the same year he was elected mayor of Tro}^, serving in the office for two years, when he was elected city solicitor for the term of two years. During this time he formed a partnership with Judge Theodore Sullivan, which partner- ship continued for ten years. In 1879 he was elected prosecuting attorney, serv- ing until 1883. At the Republican State Convention of that year he received the nomination for attorney general upon the ticket headed by Joseph B. Foraker. In the campaign, however, the Democrats were successful, electing Governor Hoadly and their entire ticket. In 1886 Mr. Earnhart removed to Columbus, where he has since resided. His first partnership in the latter city was with C. O. Hunter and C. P. L. Butler, the firm being Earnhart, Hunter & Butler. Four years later, upon the appointment of Mr. Hunter as general counsel for the Hocking Yalley Railway Company, this firm was dissolved and Mr. Earnhart practiced alone until 1893, when he formed a partnership with Samuel Swartz. This partnership was dissolved in 1896 when Mr. Swartz was elected judge of the Police Court. Mr. Earnhart then formed a partnership with Franklin Rubrecht, which firm still continues. In 1893 Mr. Earnhart was elected State Senator from Franklin county, upon the re-election of Governor McKinley. Mr. Earnhart served one term. His practice is of a general character. He has been identified with many important cases, among which may be mentioned the testing of the constitutionality of the Dow Law ; the Hocking Yalley Company vs. Burke et al., involving many millions of dol- lars ; the Bond-Rennick case, in which Mr. Earnhart represented the Wooster University. Mr. Earnhart has been especially successful as a criminal lawyer, having appeared in over twenty murder cases. Mr. Earnhart is an orator of the popular type, a forceful and ready pleader before a jury and fluent debater upon the stump. He is a close student of the social and economical questions of the day ; a bold and independent thinker, and especially interested in the amelioration of the laboring classes. He is a frequent contributor to the press, not only on political questions, but also on those of a literary and philo- sophical character. He has a poetic imagination and analytic mind and had he so chosen might have been a successful writer in the fields of history, criti- cism and metaphysics. His style of expression is clear, simple and entertain- ing. In 1893 he was married to Miss Ida Morrison, of Columbus. They have two daughters, Helen and Philene. STEYENSON BURKE, Cleveland. Whenever a complete roll of the really great lawyers of the present generation in the United States is called, the name of the subject of this biography must always be near the top. Stevenson Burke was born in St. Lawrence county, New York, November 26, 1824. At BENCH AND BAR OF OHIO. 3G1 the age of eight years he came to Ohio with his parents, who settled on a small farm in Lorain county. On this farm he worked as a boy at clearing the forest and cultivating the fields, contributing his share to the common sup- port of the family, and at the same time developing a sturdy physical organ- ization with powers of close, severe application. In boyhood he enjoyed only the educational advantages of the district schools of the country ; but he was ambitious, aspiring always to larger opportunities and better things. His acquirements in the common schools served to broaden his horizon and stimu- late his ambition. He qualified himself for teaching before reaching the age of seventeen years, and taught school successfully for several terms. During all this time he was an earnest student, unsatisfied with a superficial knowledge of any subject presented to his mind for investigation. This disposition to dig and to fathom and to sift, first manifested in the common schools, has char- acterized all the undertakings of Judge Burke's maturer life, whether of a pro- fessional or business nature. With indomitable will and dauntless courage he pursued his studies, supporting himself meanwhile with the wages earned at teaching, and benefited by the mental discipline and self-assertion which that occupation imposes. From all the fields traversed in youth he was gathering and sifting and assimilating treasures of knowledge and wisdom, as a contri- bution to the immeasurable resources of his professional and business career. He was a student in the Ohio Wesleyan University at Delaware in 1846, but did not remain long enough to graduate. Resolute in his purpose to connect himself with the lawyer's profession, and eager to begin the specific work of preparation, he entered upon the study of the law while at Delaware, under the instruction of Powell & Buck. Perhaps no young student was ever more deeply impressed with the dignity and majesty of the law than Stevenson Burke, and none ever had a deeper sense of the responsibilities and duties of a lawyer. Upon returning home he continued his preparatory studies under the capable direction of H. D. Clark, of Elyria ; was admitted to the Bar August 11, 1818, and within a few months thereafter was received into partnership by his preceptor, Mr. Clark. His taste for the law was so keen, his preparation so thorough and his energy so persistent that his success was immediate and unmistakable. At the age of twenty-seven he enjoyed the largest clientage and controlled the most profitable business of any lawyer in Lorain county. At thirty he had fairly won his spurs in the front rank of lawyers in the dis- trict. The records of the Supreme Court note his appearance in nearly all the cases taken by appeal to that tribunal from the courts of Lorain county in the decade from 1851 to 1861. During the same period he was also retained in important cases brought in the United States District Court. It is proper to refer in this connection to his superior tact and shrewdness in securing the release of clients indicted for violation of the fugitive slave law, known in his- tory as the " Oberlin Pescue Case." The United States judge was in political sympathy with the party that passed the law, and the power of the national administration was exerted through the attorney general's office to secure its vigorous enforcement. The United States district attorney was expected to 362 BENCH AND BAR OF OHIO secure the conviction of all persons accused of aiding a fugitive slave on his perilous flight for freedom. To quote another's report: " In the case in question the alleged slave had escaped from Kentucky and had settled in Oberlin, Ohio, where he had sought to enjoy the fruits of his labor and escape from the lash of the taskmaster. The owner, ascertaining his whereabouts, employed four stalwart Kentuckians, armed with the requisite documents, to go to Oberlin and arrest the slave and return him to bondage. For the purpose of getting him safely in their possession a decoy was employed to entice him to the country under the pretense of giving him labor. As he was riding along in the wagon with the decoy, and passing through a ravine, the four men sprang from the clump of bushes in which they had been hiding, seized the negro, handcuffed him and hurried him off toward the railway station at Wellington. The news of his capture spread through the country, and soon a vast crowd of people congregated at Wellington, the result being the liberation of the slave. Several of the citi- zens of Oberlin who were concerned in the rescue were indicted and tried under the fugitive slave law. They were ably defended by such men as Franklin T. Backus, Rufus P. Spalding and other eminent advocates, but in every instance the parties accused were convicted and sentenced to fine or to both fine and imprisonment. The cases caused a great sensation in the State and were watched from all parts of the nation. Salmon P. Chase was governor of Ohio and was in hearty sympathy with the accused. The Supreme Court of the State, upon hearing one of the cases divided in opinion, three against two, as to the validity of the law. Judge Burke had been retained by several of the accused. The time was approach- ing when they must stand trial. He saw the utter hopelessness of making defense in the United States Court as it was then organized, and the thought came to him that he could defend his own clients better by convicting the men from Kentucky of kidnapping, than any other way. It was a shrewd, strategic move, with a long reach into the future. Accord- ingly he had the cases brought before the grand jury of Lorain county and bills of indictment were promptly returned against the men from the South. They were arrested, taken to Lorain county and arrangements made for their trial. This prompt and decided flank movement on the part of Judge Burke opened the eyes of all concerned and caused the other side to do just what he had intended— as the Kentuckians were about as certain of conviction in abolition Lorain, as were the men from Lorain in Cleveland. A discontinu- ance of all cases was proposed by the attorneys of the kidnappers, and this was agreed to by the other side. The Kentuckians went free at Elyria and the Lorain men were taken out of jeopardy in Cleveland." In 1861 Mr. Burke was elected judge of the Court of Common Pleas by a vote that w r as practically unanimous. Before the close of his first term he was re-elected, in October, 1863, without opposition. After serving two years of his second term he resigned, in order to re-enter the practice in a wider field. He was prompted to this step solely because of the inadequacy of the compen- sation as measured by the salary fixed by law. He was worth much more than that and could earn vastly more, either in litigated cases or as a counsel- lor. The judicial office was entirely in harmony w T ith his taste, his tempera- ment and his capabilities. He loved the Bench and the administration of justice. He regarded with affection members of the Bar that practiced in his court. He was in turn esteemed and beloved by the Bar. His intuitive per- BENCH AND BAR OF OHIO. 363 ception, powers of keen analysis and logical argumentation ; his exact knowl- edge of the law ; his capacity for thorough exposition and lucid statement; his clear, sound judgment, unbiased to a degree rarely excelled in a human judge; his absolute and incorruptible integrity ; his powers of original thought, and his intellectual independence— all these, with his perfect health and remark- able powers of endurance, combined to make him a model judge. It is cause for deep regret that the rewards of office are not sufficient to hold a man of such ability and character in the judicial office. He removed to Cleveland in January, 1869, and formed a partnership with two great lawyers, F. T. Backus and E. J. Estep, which was terminated by the death of Mr. Backus the following year. The surviving partners remained together until 1875, and subsequently Judge Burke was associated at different times with Judge Will- iam B. Sanders and Judge J. E. Ingersoll. The scope of his practice naturally widened and its importance increased. Almost immediately after locating in Cleveland Judge Burke was retained in very important railroad litigation. The foreclosure of mortgages on the Atlantic and Great Western Railway and the reorganization of the compan}'- occupied much of his time from 1869 to 1872. He was thus brought into personal contact with prominent business men and railway managers of Ohio and New York, and with leading lawyers of both States. Morrison It. Waite, soon to become Chief Justice of the United States Supreme Court, represented the Atlantic and Great Western, while the client of Judge Burke in the same litigation was the Erie Railroad Company. All parties to the controversy at length submitted the whole matter to Mr. Waite and Judge Burke as arbitrators, by whom the complications were adjusted and disposed in a manner satisfactory to all parties interested. In 1878 Judge Burke was retained by L. E. Holden, Cleveland, to defend his title to valuable mining properties in Utah against adverse claimants. The interests involved in the series of cases concerning the Nez Perces and Old Telegraph Companies were large, and the judge, as principal counsel, was required to make two jour- neys to Utah in conducting the litigation, and was completely successful, with the aid of counsel resident at Salt Lake, in establishing his client's title. Cases of great magnitude required his presence in the higher courts, and no lawyer appeared more frequently in the Supreme Court of the State in the argument of such cases for twenty years, and until other interests than the strictly pro- fessional divided his time. Among the railroad cases with which Judge Burke has been connected as counsel are some of the most important ever carried to the Supreme Court of the United States. A few only can be mentioned. He represented the Pennsylvania Company in its complicated litigation with the St. Louis, Alton and Terre Haute Railroad, in the United States Circuit Court for the District of Indiana. The nature of the action was a bill in equity to enforce specific performance of a contract of lease of a railway, and contracts of guarantee. There were cross appeals from the Circuit to the Supreme Court of the United States, where the cases were argued exhaustively Jan- uary 14 and 15, 1886, by Judge Burke, representing the Pennsylvania, and by the late Senator Joseph E. McDonald and his partner, John M. Butler, rep- 364 BENCH AND BAR OF OHIO. resenting the St. Louis, Alton and Terre Haute. Mr. Justice Miller, who was then probably the ablest jurist on the Supreme Bench, sustained the conten- tion of Judge Burke in a very elaborate opinion, which was concurred in by seven members of the court, only two dissenting (U. S. Eeports 118, pp. 290 et seq.). Another branch of the case was argued by the same counsel in March, 1888, and decided in April following, Mr. Justice Matthews delivering the opinion for the court. (U. S. Eeports 125, pp. 658 et seq.) These cases involved close and intricate questions which had not been before adjudi- cated, and material interests of a million and a quarter dollars. McGourkey vs. Toledo and Central Ohio Eailroad Company (U. S. Eeports 116, pp. 536 et seq.), was another case involving equally nice distinctions of law and vast material interests. Judge Burke represented the appellee, in the Supreme Court, as he had been counsel of the plaintiff in the Circuit, and was success- ful. The opposing counsel representing the defendant corporation were ex- Governor George Hoadlv and Fisher A. Baker. The case was argued in the Supreme Court in November, 1892, and decided the following month. The opinion of the court, seven justices concurring, was delivered by Mr. Justice Brown and filled twenty-five printed pages of the reports. Another celebrated case was one growing out of the consolidation of the Cleveland, Columbus, Cincinnati and Indianapolis Eailway with the Cincinnati, Hamilton and Day- ton. It was argued on one side by Honorable Benjamin II. Bristow, of New York, Aaron F. Perry, of Cincinnati, and George K. Nash, of Columbus, then attorney general of Ohio ; on the other side by Judge Harrison, of Columbus, Judge Glidden, of Cincinnati, Judges Eannev and Burke, of Cleveland. Judge Burke had little time for preparation, but his argument in the case was great. It was concise, severely logical and directed to the questions at issue. The consensus of opinion of the lawyers who listened to him is that for clear, close, legal reasoning, and effective delivery, the argument is entitled to rank with any ever delivered before the Supreme Court of Ohio. A case which attracted attention, at least throughout the State of Ohio, was that brought to deter- mine the constitutionality of the Scott liquor law, and argued in the Supreme Court by McDougall, of Cincinnati ; Judge Eanney, of Cleveland, and Judge West, of Bellefontaine, supporting the law ; and by Judge Burke, of Cleveland, E. W. Kittredge and J. W. Warrington, of Cincinnati, in opposition. The Law Bulletin, of Cincinnati and Columbus, in its issue of June, IS 84, says : "The argument of Judge Burke, of Cleveland, who represented Butzman and Mueller in the Cleveland Scott law case, was undoubtedly one of the finest efforts ever heard in the hall of the Supreme. Court, where have been heard so many of the great arguments of eminent lawyers who ornamented the Bar of Ohio in the last half century. He speaks rapidly, but with great distinctness being easily heard throughout the hall of the Supreme Court, so distinguished for its bad acoustics. There is little merely oratorical and ornamental in his speech, but his language is to the point and is noted for its clearness, compact- ness and plain English. His repartee is remarkably quick and sharp. Whenever interrupted by questions and remarks from the court or counsel, he w r as not only found immediately ready, but never failed to turn the point so BENCH AND BAR OF OHIO. 365 as to make it a strong one in his favor. It seems certainly bad policy for his adversaries to interrupt him with questions or remarks. From what we heard we would think it much safer for opposing counsel to keep quiet and let him have his say. Listening to his argument on the constitutionality of the clause of the Scott law requiring the written consent of the lessor to the carrying on of the traffic on the premises by the lessee, as being within the constitu- tional inhibition of license under the definition given to the word 'license 5 by the Supreme Cour t in the Hipp and Frame cases, we considered it almost unan- swerable, and were not surprised when the court decided that question in his favor. It would be a great treat for the Bar of Cincinnati to hear Judge Burke argue a great case in one of their courts. He would remind them of Senator Pugh, whom he, in many respects, resembles." The penetration and intellectual power of Judge Burke, in discerning the niceties of the law and in the elucidation of obscure questions raised for the first time, are great ; his resources in the trial of a case are marvellous. He is cool, self-possessed, quick to see the relevancy and the importance of testi- mony, keen and persistent in the cross-examination of witnessess. A reluct- ant witness gives up the truth almost unconsciously in response to the searching questions of the lawyer. No evasion is effective ; no effort at con- cealment escapes detection. Judge Burke is possessed of the power of as- similation which apropriates to his own growth and advantage all his reading and knowledge, however acquired. It becomes a part of himself, available on demand. This rare capacity augments his power as a trial lawyer and must be considered in estimating the sources of his strength. He knows the principles of the law and the rules of construction ; and pos- sesses in a conspicuous degree the logical faculty of applying the rules to a given case. His genius takes hold of known principles and applies them to new questions. In a legal argument he imparts to the court full and accurate knowledge of his case with courage and force. The qualities which most deeply impress a jury in his advocacy are clearness of statement, forceful presenta- tion of the facts and readiness in questions suddenly raised. He is always quick with a responsive answer, and his repartee attests his thorough mastery of the subject. Although this biography is intended especially to represent the professional side of Judge Burke, it would be manifestly incomplete without a brief reference to his executive ability and organizing faculty, as exhibited in his grasp of the involved problems of business and the man- agement of railroad properties. He is one of the few men who can be great in commercial affairs without detracting from his greatness as a law- yer. For many years he was general counsel for the Cleveland, Columbus, Cincinnati and Indianapolis Railway Company; was a member of its director} 7 , and for several years vice-president and afterwards president ; chairman of its finance and executive committees. He was the general counsel of the Cleveland and Mahoning Yalley Railroad Company fifteen years; has been its president since 1880, and for twenty-five years, as attorney, has represented the owners of all the stock. He has filled the offices of vice- president and president of the Indianapolis and St. Louis Railroad Company. In June, 1881, he entered into negotiations with the president and others inter- 3«6 BENCH AND BAR OF OHIO. ested in the Columbus and Hocking Valley, the Ohio and West Virginia and the Columbus and Toledo railroads, which terminated on the 16th of that month, in his agreement to purchase the entire capital stock of the three roads for himself and associates, at a cost of $7,000,000. This gave him control of the railroads carrying coal from the Hocking Valley fields, in which he already had large holdings and in which his possessions were immensely increased soon afterwards. In 1885 he acquired control of the new line of the Ohio Central running from Toledo to Corning, the center of the coal field, with a branch to Columbus, giving in exchange a small percentage of the stock of the Colum- bus, Hocking Valley and Toledo Company. To consumate this exchange he was obliged to make contracts with nearly all of the eight hundred stockhold- ers of the Toledo and Ohio Central Company. He purchased for William H. Vanderbilt the New York, Chicago and St. Louis road, commonly knows as the " Nickel Plate." The negotiations, lasting nearly three months, were conducted with perfect secrecy by Judge Burke, only three men besides him- self — Mr. Vanderbilt, General Devereux and Augustus Schell — having a hint of it before its final consummation, October 26, 1882. The contracts were executed in Judge Burke's name, and, so far as the venders knew, the property was purchased for his associates and himself. The amount of mone}^ entrusted to him and paid out in that transaction was somewhat over seven million dollars. In speaking of this subject, a leading railroad man of Cleveland said : " There have been, up to this time, built in this country three parallel and competing lines of railroad. The New York Central has been paralleled by the New York, West Shore and Buffalo ; the Lake Shore was paralleled by the New York, Chicago and St. Louis ; the Columbus, Hocking Valley and Toledo was paralleled by the Ohio Central ; and it has been Judge Burke's fortune to purchase and absorb two of these new lines, the ' Nickel Plate ' and the Ohio Central. For many years he represented, as attorney, three-fourths of the stock of the Shenango and Allegheny Railroad Company and the Mercer Mining and Manufacturing Company, two large and important corporations in Pennsylvania. He was also a director in each and was offered a choice of all their offices. For two years or more he was a director of the Cincinnati, Hamilton and Dayton, of the Cincinnati, Hamilton and Indianapolis Railroad Company, which position he resigned in 1885. He has been for a number of years a member of the directorate of the Central Ontario Railway Company and is now its president. He holds a similar position in numerous mining and manufacturing companies." Judge Burke is great in constructive ability ; great in his versatility. He is remarkable alike for his vitality and the elasticity of his nature. He is gen- erous in disposition, always ready to assist a worthy man or a worthy cause. He is always approachable and thoroughly democratic. His oonvictions are strong. He supports the Republican party, but has always been too busy to desire public office. He is both a scholar and a thinker, familiar with a wide range of literature and thoroughly informed on subjects with which he is con- cerned. He was married April 26, 1849, to Miss Parthenia Poppleton, of Richland county, who died in 1878. June 22, 1882, he was married to Mrs. Ella M. Southworth, of Clinton, New York. He believes in the sanctity of home and finds in the family relation the truest happiness. BENCH AND BAR OF OHIO. 367 JAMES H. DEMPSEY, Cleveland. J. H. Dempsey was born at Shelby, Ohio, on March 29, 1859. His father, who was a native of Ireland, and brought to America and to Ohio when a boy, for a number of years engaged in the wholesale grocery business. His mother was Martha C. Davis, a native of this State, whose father came here from Howard county, Maryland, shortly after the close of the war of 1812, in which he had taken an active part. When a mere boy young Dempsey's father selected the profession of law for him. His early education was in the district schools and the academy of his native town. At nineteen he entered Kenyon College, graduating in the class of 1882. He then entered the Law Department of Columbia College, New York, where he remained one year. Coming to Cleveland he entered the law office of Estep, Dickey & Squire, where he completed his law education and in 1886 became a member of the firm. He continued his membership of the firm until 1890, when he withdrew and the present partnership of Squire, Sanders & Dempsey was formed. Few men at the Bar of Cleveland have attained distinction so young. He is a man of force and ability. In politics he is a .Republican; has never held office. In September, 1885, he married Emma N. Bourne, daughter of Mr. E. H. Bourne, cashier of the Union National Bank, and by this union there were three children, a daughter, deceased, and two sons. Mrs. Dempsey died on March 14, 1893. MORTIMER D. LEGGETT, Cleveland. It would be difficult to find a better example of what an earnest, honest, intelligent American boy can make of himself, working upon his own merits and grasping every opportunity, than the life and work of General Mortimer Leggett. Starting with practically nothing but a good physical constitution, a high moral sense, and a brain active and clear, he reached as high a place in the hearts of his fellow men in the communities in which he lived as one can attain outside of public office. Mor- timer D. Leggett came directly from Quaker ancestry, both on the part of his father and his mother. He was the son of Isaac and Mary Strong Leggett, born April 19, 1821, at Ithaca, New York. His father was a farmer and young Mortimer led the life of the ordinary farmers boy. In 1836 the family removed to Montville, Geauga county, Ohio, where he resided with his parents until eighteen years of age. Up to this time he had worked hard on the farm, developing a physique which enabled him to endure great trials in the army and many years of hard mental labor. He was naturally fond of study and most of his leisure time was devoted to his books. In these early efforts to get an education he was directed and assisted by his parents. In his boy- hood days young Leggett was greatly helped by his elder sister, a woman of marked intelligence, high purposes and most unusual self-education. He never forgot his obligation to this older sister, whose advice and active loving help furnished for him the foundation for success in after years. At eighteen he entered the Teachers' Academy at Kirtland, where he completed the course of 368 BENCH AND BAR OF OHIO. study and was graduated at the head of his class. He at once devoted himself to teaching, although he had for some time determined upon the law as his profession. By teaching he acquired the means to support himself while studying for his profession. He was often heard to say later in life that no work was so helpful to a lawyer as that of teaching ; it requires the greatest care in studying to express one's ideas clearly ; it develops quickness in esti- mating the mental caliber of the person to whom one is speaking ; it marvel- ously cultivates one' s patience, which is invaluable to the lawyer, and he would add with a merry twinkle of the eye, "you quite often have to teach the court." General Leggett's work in the class room was most successful from the very beginning. He at once manifested his pre-eminent ability as an instructor. He assiduously studied law as he could get time between school hours and from school work, and was duly admitted to practice in 1844. He did not actively enter upon his profession until some six years after. He devoted himself meanwhile to raising a popular feeling among the people of the State in favor of free schools, stumping the State with Dr. A. D. Lord, Loren Andrews and M. F. Cowdry, for the establishing of common schools, paying his own expenses. General Leggett found time to- study medicine, taking the regular course of study at the Willoughby Medical College, from which he took the degree of M. D. in 1846. His work with those who were interested in the school question resulted in what is known as the Akron school law, and in the fall of 1846 General Leggett went to Akron to live and organized the first system of graded schools west of the Allegheny mountains. He remained there two years until the graded system had been thoroughly tested and proven a success, when he removed to Warren and there arranged a similar system. His success at the Bar was rapid. His reputation as a man at once brought him a clientage, and the trial of a few cases manifested his capacity and shrewdness as a lawyer. For the times and the condition of Ohio he became prominent in his profession. Whatever might be General Leggett's work or especial trend of thought at any time, he at once became an instructor in that work. He had a gift for teaching, devel- oped by a love of it, and in 1856 he was made professor of equity juris- prudence and of pleading and practice at the Ohio Law College. In 1S57 he removed to Zanesville where his reputation had preceded him, and where his practice became more extended. Here he also had general supervision of the public schools, which his experience and advanced thought greatly improved in discipline and instruction. He was a personal friend of General George B. McClellan, who at the opening of the war was commissioned Major-General of Ohio volunteers, and was placed in command of the Department of the Ohio, which comprised the States of Ohio, Indiana, Illinois and the western portions of Pennsylvania and Virginia. He attached himself as a volunteer aid without pay to General McClellan, and accompanied him in his campaign in Western Virginia, where he was in several engagements. He was soon convinced the war could not be " a ninety-day affair," and returning to Zanes- ville was soon commissioned by Governor Dennison to raise and organize the BENCH AND BAR OF OHIO. 369 Seventy-Eighth Kegiment Ohio Volunteer Infantry. "Mortimer D. Leggett" was the first name on the roll, volunteering as a private soldier. His patriotism and his enthusiastic devotion to the cause were contagious. Men rushed to place their names upon the roll of the regiment. His unceasing energy and tireless effort bore immediate fruit, for in the short period of forty days he had raised a regiment of 1,040 men. Meantime he had risen from a private to the rank of colonel, passing successively through the grades of second-lieutenant, first-lieutenant, captain, major and lieutenant-colonel. Colonel Leggett at once reported for duty with his regiment to General Grant at Fort Donelson, arriving in time to take an active part in the siege and capture of that strong- hold. The discipline and conduct of himself and regiment attracted the attention and commendation of General Grant, which was the beginning of a personal intimacy between the two, lasting through life. Colonel Leggett was the youngest colonel in command of a regiment at Donelson, and in due appreciation of his services General Grant attached him to his personal staff. On the field of Shiloh he discharged his responsible duties with great courage; was wounded, but did not leave the field. He led the command at Corinth and had a horse killed under him. His bravery here was recognized by a brigadier general's commission. At Middlebury, Tennes- see, with five hundred soldiers he defeated General Van Dorn with four thousand, through consummate strategic skill. For this he received honorable mention by General Grant, and a letter of thanks from Secretary Stanton. In all subsequent battles he was brave and deliberate. He took part in the siege of Vicksburg, was wounded at Iuka ; commanded the expedition against Mon- roeville, Louisiana : was with Sherman in his raid to Meridian, and entered the Atlanta campaign as commander of the Seventeenth Corps, in the absence of General Blair. July 21, 1864, in pursuance of an order of General McPher- son, General Leggett took a strongly fortified hill, after a desperate struggle, and captured a number of prisoners almost equal to the number of soldiers in his command. All through the following day, the memorable 22nd of July, he held this position against fearful odds and repeated terrific assaults. For this he was commissioned major general, on the recommendation of General Sherman. He marched with General Sherman to the sea ; was in the final review. Throughout the war he secured the love and respectful obedience of subordinates, the confidence and esteem of superiors. After the final sur- render he was mustered out of the service and returned to Zanesville, where he resumed the practice of law. He invariably declined to enter actively into politics and allow himself to be nominated for office, although never failing to take an earnest and active interest in political affairs. He accepted, at the hands of President Grant, the office of commissioner of patents, early in 1871. If his previous training had not prepared him for the office the versatilit} 7 of intellect and quick adaptability to his surroundings enabled him to fill the position with great credit to himself and with equal credit to the patent office. He instituted, the binding for general distribution of certified copies of the specifications and drawings of letters patent issued, the first volume of which 370 BENCH AND BAR OF OHIO. containing his certificate, bears date May 30, 1871. These volumes may now be found from that date to the present time in every public library in the United States. He practically founded the " Official Gazette of the United States Patent Office," a publication issued every week containing a list of patents issued with drawings and descriptions. In 1875 General Leggett resigned and removed to Cleveland, when he again entered upon the practice of law, making patent law a specialty and becoming one of the most promi- nent patent attorneys in the country. Later General Leggett became person- ally interested in many commercial enterprises of local interest and import- ance, the most prominent of which was the Brush Electric Company. In 1880, he became a member of the board of education of Cleveland, and later he was chosen a member of the board of managers of the Cleveland Public Library, in both of which he rendered valuable service. In 1888, he was appointed a mem- ber of the Cuyahoga Soldiers' and Sailors' Monument Association by Gov- ernor Foraker. The monument now standing in the public square of Cleve- land speaks for those who worked for its production. The form and features of General Leggett are immortalized there in bronze. General Leggett died January 6, 1896, and this sketch is fittingly closed in a few words from the memorial address by his intimate friend and pastor: "His great heart reached out and took in the whole world. He loved his friends. Without demonstra- tion and without pretense, there was in his manner a transparent affection for those with whom he was intimate. There was nothing narrow or limited about his religion. He was broad and progressive in that as in everything else." ' . SCOTT BOISTHAM, Cincinnati. One of the most capable of the younger members of the Bar and most energetic members of the Board of Legislation of the city is Mr. Scott Bonbam. Mr. Bonham is a native Buckeye. His birthplace was Midway, Madison county, and his initial birthday January 25, 1858. His parents, William J. and Letitia Hays Bonham, were born in Ohio, the former in Highland and the latter in Fayette county. His mother is still living ; his father died in 1895. They were descended from old Scotch-Irish stock. Mr. Bonham was educated in the village schools of Midway, in Bloom- ingburg Institute, and in the Ohio Wesleyan University, at Delaware. He was graduated from the university in the class of 1882, comprising fifty-four members, receiving the degree of A. B. When but fifteen years of age young Bonham began to help himself to an education by teaching school. At inter- vals in the four years, while engaged in fitting himself for college, and while in college, he taught the young idea how to shoot the way he was shooting. For one year after graduation he was principal of the schools at West Unity, Ohio. Then he entered upon a law course in the University of Yirginia, and took his degree of LL.B. in the class of 1885 at the Cincinnati Law School, taking the full course. In college Mr. Bonham was the freshman class orator on Washington's birthday in 1878, and in the junior discussion in 1881 BENCH AND BAR OF OHIO. 371 debated with S. M. Taylor, ex-secretary of the State of Ohio, the merits and demerits of Greek letter fraternities. He was a member of the editorial staff of the college paper, and was selected by the Cincinnati Law School in 1885 to represent his class in forensic debate. Admitted to the Bar by the Supreme Court May 26, 1885, he at once opened an office in the Esplanade Building, and later moved into a suite of rooms in Lincoln Inn Court, 519 Main street. In 1893 he was admitted to practice in the United States Court. He is a general practitioner in civil and commercial law, both in the State and Federal courts, and is the attorney for numerous building associations and other corporations. Mr. Bonham is a staunch Republican. He was a delegate to the Ohio Republican State Convention, from Williams county, in 1883, delegate to the Hamilton county Republican Convention in 1889, again to the Ohio State Convention in 1890, and again to the State Conventions in 1894, 1896 and 1897, besides taking an active part as a delegate in nearly all local Republi- can conventions, both city and county, that have been held in the last few years. As a Republican candidate he was elected a member of the Board of Legislation of Cincinnati for the short term under the new charter, April 6, 1891, was re- elected by an increased majority in 1892, and again in 1894, when his last in- creased majority was nearly doubled, and in 1897 was re-elected for another term of three years. His first majority was forty ; second, one hundred and eighty- two ; third, three hundred and fifty-four, and last one-hundred and eighteen. Thus it will be seen Mr. Bonham has been able to reverse the usual custom of cutting down the majorities of members of legislative bodies as they come up for approval. He is now serving as president of the Board of Legislation to which he was elected in April, 1897. He is a member of the Young Men's Blaine Club, of the Lincoln Club and the Butterworth Club. He was elected president of the Lincoln Club in 1897. From 1889 to 1891 he was president of the Glee Club of the Young Men's Blaine Club. He is somewhat fond of the military, and is sergeant of Troop B Cavalry, Ohio National Guard. He is also president of the Cincinnati Cavalry Club, organized in November, 1893, in the interests of Troop B, and for social purposes. He was a member of the Phi Delta Theta fraternity in college, and became a Mason in 1879. He has been master of La Fayette Lodge one term. He is a member of the Cincinnati Commandery, Knights Templar, and is a 32nd degree Scottish Rite Mason. He is also a member of the Second Presbyterian Church. Mr. Bonham is a bachelor, and occupies bachelor's quarters at 1039 Wesley Avenue. A Cincinnati judge furnished the following estimate: "Scott Bonham's honesty is well recognized and his professional word is taken and accepted by his brethren at the Bar. He is known as being painstaking, earnest and faithful on behalf of his clients. He enjoys a large clientage and a lucrative practice. He has been a useful public citizen ; not even his adversaries question his integrity." A prominent member of the Bar says : " Scott Bonham is a good lawyer and a capable man in every way, and above all he is a modest, honest and conscientious man. As a lawyer he has been successful and has a great deal of business and a large clientage. He takes an 372 BENCH AND BAR OF OHIO. active interest in public affairs, and is now president of the Board of Legisla- tion. In the matter of granting franchises he made quite a reputation for him- self for the bold stand he took against the monopolies. In the Board of Legislation he was recognized as the champion of the people as against the effort of the corporations which were attempting to secure the monopoly of franchises — for electric lightingand other purposes. In his private relations he is very popular and well liked, and is blessed with one of the brightest and happiest dispositions of any man I ever knew.'" NELSON B. LUTES, Tiffin. Nelson B. Lutes was born March 1, 1848, in Wyoming county, Pennsylvania, the son of Stephen and Hannah Jayne Lutes. On his mother's side he is of Puritan descent, and traces his lineage back to "William Jayne I, a Puritan preacher, who was born in Bristol, Eng- land, January 25, 1618; emigrated to New England, died March 21, 1714, and was buried in the old Puritan graveyard at Suffold, Long Island. His father was a native of Pennsylvania, of Welsh and German extraction. His parents are both dead. Mr. Lutes was reared on the old homestead farm and received in boyhood such limited educational advantages as were afforded in the county district schools. At the age of sixteen, March 21, 1864, he enlisted in the army as a member of Company D, 188th Pennsylvania Volunteer Infantry, and served in the army of the James through the memorable campaign of 1864-5. He was honorably discharged June 21, 1865, on surgeon's certificate of disability, and was, indeed, almost a complete physical wreck. After return- ing from the Army he attended school about two years, and then spent one year in teaching ; but his education, which is liberal and comprehensive, has been very largely self-acquired under private tutelage since he entered the profession of law. Mr. Lutes pursued his professional studies in the law office of W. P. & H. Noble, at Tiffin. It was there he first met his wife, who as Miss Nettie Oronise, was a fellow student in the same office. Mr. Lutes and Miss Cronise were admitted to the Bar in the same class in April, 1873, and were united in marriage at Tiffin, August 24, 1874. Upon his admission to the Bar Mr. Lutes was taken into partnership by his preceptors, and the firm name was changed to Noble Brothers & Lutes. He was thus enabled imme- diately to acquire one of the largest practices in the county. After an exist- ence of one year this firm was dissolved by the withdrawal of Honorable W. P. Noble, and a partnership was formed by and between Judge Harrison Noble and Mr. Lutes, under the firm name of Noble & Lutes. This firm continued with a large and increasing practice until 1880, when by reason of his infirmity of hearing it became necessary for Mr. Lutes to have the assist- ance of his wife in the trial of his cases. The partnership with Judge Noble was thereupon dissolved, and since that time the practice has been continued by the husband and wife under the firm name of Lutes & Lutes. In con- sequence of sickness and exposure in the army, resulting in chronic catarrhal BENCH AND BAR OP OHIO. 373 inflammation of the eustachian tube and middle ear, Mr. Lutes has entirely lost the sense of hearing. The progress of the disease was slow and the loss of hearing gradual. As early as 1870 it was first noticed by him, but the deaf- ness did not become total until 1881. Owing to the peculiar qualifications of his wife and the wonderful facility with which she keeps him informed during the progress of a trial, the infirmity does not materially interfere with the success of his law practice. All of his remaining senses are more acute in con- sequence of the loss of one. His ability as a lawyer is unquestioned by any lawyer who has opposed him in the trial of a cause. He is a profound student, careful in the preparation of pleadings, strong in argument before court or jury, and altogether very successful in practice. He is a member of the Ohio State Bar Association, the G. A. B, , and the Junior O. IT. A. M., and of no other society whatever. He has never held public office. Mr. and Mrs. Lutes have three children: Elinor Seney, born June 4, 1875, Evelyn Latta, born June 27, 1877 ; Lillian Cronise, born August 8, 1882. Honorable Warren P. Noble adds a brief characterization : " I have known Nelson B. Lutes from the time he commenced the study of his profession as intimately as any member of the Bar. I can say of him that as a man he is possessed of a good mind and a splendid physical make-up in almost every particular. He is above the ordinary size, straight, tall and erect, with an easy and dignified carriage, and finely chiseled features. He is a man to attract attention in any company. As a lawyer he is one of the most able, careful, painstaking and zealous of the profession in this part of the State. Whilst it seems as though he came to his conclusions naturally, without effort, and correctly, yet he never fails to know from a most thorough examina- tion of the books just what has been held and decided by the higher courts upon the questions he has under consideration, nor does he fail to find out the teachings of the elementary writers upon the same subjects, and in these researches his industry and energy are untiring. In his intercourse with his fellow members of the Bar he is always kind, courteous and generous. No person ever calls in question his integrity. If in the heat of debate he is ever led to say or do anything that even seems to be unkind toward a fellow lawyer, no one can be more ready and willing to at once ungrudgingly ask pardon- and make the best possible amends. I say, in short, that Mr. Lutes may be set down as one of the best lawyers to be found in this part of the State." NETTIE C. LUTES, Tiffin. Mrs. Nettie (Cronise) Lutes is " to the manner born." She is a daughter of one of the first families of Tiffin. Her grandfather, Honorable Henry Cronise, was a Virginian, a gentleman of the old school, and a man of great prominence and influence, who fills a large and honorable place in the history of the city and county. He was one of the leading mer- chants of the city for many years, and by his influence and public-spiritedness did much toward the building up and advancement of the city. He was a Democrat in politics, and very influential in his party councils, and served one term in the Ohio Senate, being elected to that body in 1846. Mrs. Lutes is one of the most thoroughly educated women of the State, and was the 374 BENCH AND BAR OF OHIO. first woman admitted to the Ohio Bar. She was educated in the public schools of the city, and at Heidelberg College ; and also took a special course in the State Normal School at Bloomington, Illinois, where she received that special training in phonics which has been of such incalculable value to her in communicating with her husband by means of visible speech. She read law in the office of W. P. & H. Noble, at Tiffin, and was admitted to the Bar in April, 1873, on the recommendation of a committee composed of George E. Seney, John McCauley, E. G. Pennington, W. H. Gibson and Nelson L. Brewer, who, with her preceptors, were the leaders of the Bar at that time. This was before the law was passed by the State Legislature authoriz- ing the admission of women to the Bar, and after Mrs. Bradwell had been refused admission in Illinois, and the question was naturally raised as to her right to be admitted, with the majority of the court inclined to the opinion that women were not eligible for admission to the Bar in the State. Judge Seney and other eminent lawyers offered their services to present her case to the court, which she declined, and taking charge of her own case, by the force of her own character and learning, she succeeded in convincing the court of her right to be admitted, thus opening the door for admission of women to the Bar of this State. Her admission to the Bar was taken favor- ably. Her sister, Miss Florence Cronise, was admitted in the following year, and both of them were admitted to practice in the United States Courts, in the Sixth Circuit, at Toledo, in 1879. As the pioneer woman lawyer of this State, Mrs. Lutes, then Miss Nettie Cronise, opened her office at Tiffin, and entered upon the practice of her chosen profession immediately upon her admission to the Bar, and has ever since been actively engaged in the practice in her native cit\ T , with remarkable success. For the last seventeen years she has practiced with her husband, Nelson B. Lutes, under the firm name of Lutes & Lutes. Mrs. Lutes possesses the qualifications neces- sary for the success in the profession of the law in a marked degree. Her knowledge of the law is profound and her judgment good. She is broad- minded and liberal in her views, clear, analytical, exact and logical in her mental make-up ; she has the faculty of examining a question in all of its bearings, the power lacking in so many; of looking on both sides of a ques- tion, with a perception so quick that nothing seems to escape her notice during the progress of a trial. She is a great student and an indefatigable worker; has undaunted courage and great staying powers, with an abiding faith that the right must prevail, and she never advocates a proposition that she does not believe is right. She has good business tact and extraordinary executive ability, with the power to lead others to her way of thinking, and is so good a reader of human nature that she seems intuitively to read a person's thoughts and divine his motive of action. Mrs. Lutes also possesses the most perfect self-control, and never loses her head or becomes confused during the most exciting contest, and with her perfect mastery of language, her knowledge of the power of words, her repartee and sarcasam, though always refined and often classical, is as cutting as a two-edged sword ; and with it she possesses BENCH AND BAR OF OHIO. 375 the power of lashing her opponent to fury and exasperation, while she remains apparently as cool and undisturbed as a disinterested spectator. She rarely, if ever, uses this power, however, except in self-defense. One dose of it is usually sufficient, and the recipient seldom returns to the second attack. Much of her courage and power is founded in her absolute fidelity to honor and truth. She puts truth and right above all other considerations and would scorn to take an unfair advantage. This is recognized and acknowl- edged by all, and of itself begets confidence in any proposition maintained by her. Though herself a fine and effective speaker, thoroughly trained in the art of oratory, by reason of her determination that her husband should not be shorn of his power and strength as a lawyer because of his deafness, her voice is seldom heard in argument either to the court or jury. Though taking a leading part, and largely managing the conduct of all of the cases tried by the firm, few persons understand or appreciate the masterful power exerted by Mrs. Lutes in the trial of a case ; for to the unthinking spectator it looks as though Mr. Lutes were taking the leading part, while the fact is, that by reason of his deafness, their professional labors are so intermingled and closely connected that there is no leadership about it, and, as has often been remarked, it is almost impossible to consider them separately, as the two work together almost as one person. Their manner of conducting a trial is so peculiar that it is hard to describe, and has little similarity to the professional labors of other attorneys in the trial of a case. That it results in a most masterful handling of ail cases tried by the firm is recognized and acknowl- edged by all competent persons who ever saw them conduct a trial, and it is probable that by reason of the peculiar position occupied by Mrs. Lutes, she receives much less, and Mr. Lutes much more, of the credit than they are respect- ively entitled to. It may be said that necessity and practice have developed what might well be called a sixth sense in both of them — in Mrs. Lutes the power to receive and convey, to listen and talk at the same time, and in Mr. Lutes the power to hear with his eyes quicker and more accurately than the most sensitive ear, as much quicker as light travels faster than sound. Their important cases are thoroughly prepared together, each having taken part in making the brief and examining the witnesses out of court. They come into court both of one mind, with their case thoroughly prepared. They know what they have to present ; have settled upon the manner of its presentation and have anticipated as far as possible, and prepared to meet the case made by the other side. If a jury case, the panel has been carefully examined, and if the jurors are unknown their character, antecedents and characteristics have been looked up as far as possible, and the jurors are carefully examined on their voir dire. Mr. Lutes makes the opening statement of the case to the court and jury; examines and cross-examines the witnesses as they are produced, interposes objections to evidence, and argues questions of law to the court as to the admission and rejection of evidence, as they occur during the trial. How is this possible when it is known that he is stone deaf, and what has Mrs. Lutes 376 BENCH AND BAR OF OHIO. been doing all this time? A person looking on, who did not know that Mr. Lutes was deaf, would not readily discover that fact, or clearly understand the part taken by Mrs. Lutes, as shown by an incident which occurred in the trial of a case not long since in the Circuit Court of Clermont county, in the southern part of the State, where Mr. and Mrs. Lutes were strangers. An old gentleman, an habitue of the court room, was sitting in the audience room looking on at the trial. At the noon recess he came forward and quite indignantly inquired of a member of the local Bar with whom he was acquainted, why the court allowed that woman to sit in front of that lawyer and talk to him and thus interrupt him during the whole time he was trying the case. Mrs. Lutes sits facing Mr. Lutes, and if a jury trial, also facing the jury, and repeats, by the motion of the organs of speech, without the least sound or whisper, every word that is spoken by the witnesses, judge and opposing counsel, on the instant the words leave the mouth of the speaker, so that Mr. Lutes gets it all as quickly as any other person in the room. This is not all she has been doing. As the case progresses she takes notes of all new points brought out in the evidence, and finds time to communicate her views thereon to Mr Lutes. Her eye is constantly on the jury and opposing counsel, and her quick perception and knowledge of human nature are brought into active play. New points are anticipated and conveyed to Mr. Lutes to be guarded against. The effect the evidence is producing on the minds of the different jurors is carefully noted, and also conveyed to Mr. Lutes. She also draws and answers all the cross-fire, side remarks and repartee of opposing counsel, thus leaving Mr. Lutes wholly undisturbed and without the fear of surprise, to present the case as prepared, and combat the case made by the other side. Thus her part in the trial of the case might be likened to the signal corps, cavalry branch, sharpshooters and skirmish line of an army in the field, and she is to Mr. Lutes in the trial of a case what Sheridan was to Grant in the capture of Lee's army. When it comes to the argument of the case, she in like manner repeats to Mr. Lutes every word of the argument of opposing counsel to be answered, and suggests to him the answer to the points made which occur to her. Neither of them takes any notes of the evidence during the trial, and necessity and practice have developed still another remarkable faculty in Mr. Lutes, that is, to take his notes by mental process, and the power to retain in his memory all of the important and material evi- dence, so that he can repeat much of it word for word in the argument of the case. As the evidence is given he carefully notes its materiality and import- ance and arranges it in his mind in the order in which he desires to present it in support of his argument, and there it remains, under proper classification, and in clear and logical order, indellibly impressed upon his mind until he wants to use it in his argument, and he has no fragmentary and imperfectly taken notes to be hunted up, arranged, overlooked or forgotten, when he comes to argue the case. If lawyers generally understood the advantage to be gained by learning to take their notes by the mental process, few notes would ever be taken with pencil, but it is impossible for any man to retain his BENCH AND BAR OP OHIO. 377 notes in his mind so long as he allows himself to depend upon his written notes. That the faculty can be acquired is clearly shown in the case of Mr. Lutes, for while he never takes any notes it is generally recognized that he has a superior and especially accurate command of the evidence in argument. As the result of their joint labors, they have the reputation of being very success- ful lawyers and of never losing a case which they ought to win, and in conse- quence their practice is comparatively large, and their retainers are largely in the most important cases, not only in their own county but to a considerable extent in other courts of the [State, and occasionally in the United States courts and the courts of adjoining States. So^ engrossed is Mrs. Lutes in her life's work and her studies and reading that she gives but little of her time to social functions, though by right of birth, as well as by her personal accomplishments, she occupies the highest social rank in the city. She is an exceptionally fine conversationalist, and a very entertaining and lovable com- panion, an ideal wife and. most devoted mother. She has three beautiful daughters, of whose reputation for unusual brightness and intelligence she is especially proud. Her husband, for whom she has done so much, very natur- ally idolizes her, and in their life, these two lawyers seem to have realized the inspired lines of the poet : " For woman is not undeveloped man, But diverse. Could we make her as the man, Sweet love were slain, whose dearest bond is this — Not like to like, but like with difference. Yet in the long years liker must they grow ; The man be more of woman, she of man . He gain in sweetness and in moral height, Nor lose the wrestling thews that throw the world — She, mental breadth, nor fail in childward care ; More of the double-natured poet each ; Till at last she set herself to man As perfect music unto noble words. And so these twain upon the skirts of Time, Sit side by side, full summed in all their powers, Self-reverent each, and reverencing each ; Distinct in individualities, But like each other even as those who love." CHARLES T. GREYE, Cincinnati. Charles Theodore Greve, born at Cin- cinnati, January 3, 1863, is of German-English extraction. His father, Dr. Theodore L. A. Greve, is a native of Germany, who came to the United States in 1849, and settled first in Illinois, removing thence to Cincinnati a few years later, where he engaged in the drug business. Dr. Greve is a German univer- sity man, and is descended from a long line of teachers. He is also a success- ful man of business, in which he has beconre prominent. He has occupied the same building with his store for the last forty 3'-ears. Charles T. Greve's 378 BENCH AND BAR OF OHIO. mother was, before marriage, Clara Emrie, a daughter of the Honorable Jonas R. Emrie, of Ohio. She is of English lineage, and her forefathers settled in Massachusetts, at Newbury, in 1636. Several of her ancestors fought in the great historic swamp fight of 1675. At an early age Charles became a pupil in the Hillsborough high school, from which he was graduated in 1878. In the fall of 1880 he entered Harvard University, from which he was graduated in 1884, receiving the degree of Bachelor of Arts. Immediately thereafter he entered the Cincinnati Law School, from which he received his degree of Bachelor of Laws in 1885. He at once entered upon the practice of law, and shortly afterwards formed a partnership with C. Bentley Matthews, in whose office he had studied, and S. H. Holding, now of Cleveland, under the firm name and style of Matthews, Golding & Greve. Later Mr. Holding withdrew from the firm, leaving it Matthews & Greve. Subsequently the partnership was dissolved, and Mr. Greve practiced alone until 1894, when he was appointed assistant United States attorney for the southern district of Ohio. In 1892 he was nominated by the Democrats of the second district as their candidate for Congress, and made a highly creditable canvass; but the majority was against his party. His record in the important office of assistant district attorney has been entirely honorable and eminently praiseworthy. He is alert, cautious and systematic in the trial of a case, watching every step in order to keep the record free from error and irrelevant matter. As an advocate, whether in a civil case or as a public prosecutor on behalf of the United States, his style is perspicuous and argumentative rather than rhetorical ; although any address which he delivers, either in court or on the hustings, is not deficient in rhetorical finish or impressiveness in manner of delivery. Mr. Greve was for years a regular contributor to the daily press of Cincinnati. He was literary editor of the Tribune during the separate existence of that paper. For thirteen years he has been an officer and is now the president of the Cin- cinnati Literary Club, the oldest club of its kind in the country. He is also president of the U. C. D., a literary club including ladies in its membership, now in its thirty-third year. He is a member of the Ohio Chapter of Colonial Wars and the Society of the War of 1812. He was married October 23, 1895, to Miss Laura Belle, daughter of Major E. Y. Cherry, of Cincinnati. WILLIAM H. MACKOY, Cincinnati. The subject of this sketch is a son of the State of Kentucky ; he is a lineal descendant of Scotch ancestry, easily tracing his antecedents back to his father's great-grandfather, James Mackoy, who left Scotland and settled in King William county, Yirginia, prior to the year 1718. John Mackoy, grandfather of William H. Mackoy, removed from Yirginia to Kentucky early in the present century and purchased a farm in the fertile valley of the Ohio, ten miles distant from the town of Greenup. On this farm was born John Mackoy, Jr., father of our present subject, who when quite a lad bid farewell to the "old farm " and took up his residence in BENCH AND BAR OF OHIO. 379 Covington, Kentucky, where he lived until his death, covering a period of more than fifty years. He was one of the first elders of the First Presbyte- rian Church of Covington, and took a prominent part in everything that per- tained to the moral and material development of his fellow citizens. The mother of William H. Mackoy was Elizabeth, daughter of William Hardia, of Fredericksburg, Virginia. William H. Mackoy was graduated a Master of Arts of the University of Virginia ; subsequently studied law ; was admitted to the Bar in May, 1865, and began its practice in 1866, since which time he has devoted his entire time to his profession, having his office in Cincinnati, and practicing in the courts of both Ohio and Kentucky. In the summer of 1890 he was elected a delegate to the Kentucky constitutional convention from the Second Legislative District of Covington. As a member of that body he served upon the important committees on corporations and municipalities, and drafted the articles of the Constitution relating to those subjects. At the adjourned session of the convention in September, 1891, he was a member of its committee on revision, and rendered important and valuable services in making corrections in the draft of that instrument which were necessary to make it consistent in all its parts and as a whole. Mr. Mackoy was married to Margaret Chambers Brent, a daughter of Hugh Innes Brent and Margaret, his wife, of Paris, Kentucky. He is the father of two sons, Lewis and Harry, and of one daughter, Elizabeth. VERNON H. BURKE, Cleveland. Mr. Burke was born at Saybrooke, Ashtabula county, Ohio, December 22, 1866. His father, John F. Burke, was a native of Dublin, Ireland, who came to this country at the age of fourteen and settled in Ashtabula county. His mother was Minerva A. Stewart, a daughter of A. M. Stewart, of New York State, and a relative of A. T. Stewart, the merchant prince. Young Burke was first sent to the district schools, later went to Buffalo, New York, and entered Bryant & Stratton's business College, graduating therefrom at the early age of fourteen. Returning home he took up the study of telegraphy and became an operator. At the age of fifteen he entered the University of Notre Dame at South Bend, Indiana, and in 1886 took from this institution not only his degree of Bachelor of Arts, but also that of Bachelor of Laws. He was at once admitted to the Bar in Indiana. Returning to Ohio, was again admitted to practice in the State courts. He then came to Cleveland and entered the office of Everett, Dellenbaugh & Weed. After remaining with this firm for a year and a half he formed his first partnership with Captain M. B. Garry, under the firm name of Garry & Burke. Withdrawing from this partnership after a year, he practiced alone until 1892, when he again formed a partnership, this time with H. B. Gregory; but in 1893 he withdrew from the firm and has since continued in practice alone. Mr. Burke, though quite a young man, enjoys a large and lucrative practice of a general nature. He has always been an active worker in the 3S0 BENCH AND BAR OF OHIO. Republican party. In 1897, he was nominated by his party as candidate for State Senator, and in November was elected after a very exciting campaign and close contest in the State. The senatorship is the first elective office he ever filled. He was never a candidate for any other. He has made many speeches, and in the last campaign was on the stump for McKinley from the beginning to the close of the fight. He is a member and vice-president of the executive committee of the Republican committee of his county, commonlv known as the committee of fifteen. He is. also a member of the Republican committee of the Ohio State Republican League. Mr. Burke is a great stu- dent, not only of law, but general literature, and possesses far more than aver- age ability. A man of strict integrity and high moral character, he no doubt will take high rank both in his profession and politics before he is much older. In 1893 he married Tillie H. Hahn, of Cleveland, and has one son. JOHN D. SEARS, Upper Sandusky. Among the reputable members of the Ohio Bar may be placed the name of John Dudley Sears. For knowledge of the law, legal acumen, and a clear, almost unerring research, he is certainly entitled to the high regard in which he is held. Our subject was born on a hill farm in Meredith, Delaware county, New York, the 2d day of February, 1821, the eldest son of Elkanah and Desiar (Phelps) Sears and a descendant in the eighth generation of Richard Sears, who lived at Plymouth, Massachusetts, in 1633, afterwards removing and settling at Yarmouth, on Cape Cod, where many of his descendants are still to be found. The boyhood of our subject, until his fourteenth year, was spent on a farm, where he bore his share of its labors. He attended the district school and became quite proficient in the three most useful branches, which formed the basis of the more thorough edu- cation he afterwards acquired. In 1832, for three months, he attended a pri- vate school at Meredith Center, taught by Mr. Brainard, a young Yale gradu- ate, whom Judge Law, a man of note and prominence in that place, had engaged as tutor for his own sons. In this instruction young Sears and a Miss Fisher, daughter of a Presbyterian clergyman, were allowed to share. The study of Latin, begun then, was resumed in an academy at Delhi the following year and continued through another term of three months. The home at Meredith having been sold, the family migrated to Ohio in the spring of 1836, travelling in a three-horse wagon through central and western New York; thence along the lake shore to Cleveland; thence to Columbia, in Lorain county, Ohio, where two sisters of his mother resided on farms. There a cabin was rented and some little farming was done. Young Sears worked several weeks that summer at grubbing and clearing swamp land, for which he received fifty cents per day and his dinner. In the fall he was sent for a three- months' term to an academy at Strongsville, where rudiments of the Latin grammar were again taken up. In January, 1837, the family moved to Craw r - ford count}^, and the first of February found them settled on a newly pur- f )/ BENCH AND BAR OF OHIO. 381 chased farm, two miles west of Bucyrus. This town then had a village library containing a few books and John, having induced his father to buy a share, sold at an administrator's sale, in a few months read the works of Sir Walter Scott, Life of Franklin, Russell's History of Europe, Plutarch's Lives, Miss Edgeworth's novels, and others of less importance. This feast of the mind was supplemented by chopping, logging and other hard work incident to clear- ing a wilderness. In June, 1838, having obtained from the commissioners of Crawford county a certificate entitling him to free tuition at the Ohio Uni- versity, he started for Athens, where he arrived on the 3d day of July, remain- ing until commencement in 1841, going through the regular course as far as the senior year, when, appropriations for educational purposes becoming ex- hausted, with some debts incurred, his school life came to an end. In the sum- mer of 1842 he was employed to teach an "academy" in McConnellsville, Ohio, at a salary of four hundred dollars per year. In 1843 he returned to Bucyrus, and in the fall of that year taught a select school for three months, devoting his leisure to reading law under instruction of Josiah Scott (afterwards chief justice of the Supreme Court of Ohio). Mr. Sears was admitted to the Bar June 29, 1844, and on the 15th of July following formed a partnership with his preceptor in the practice of law, under the name of Scott & Sears, which continued for two years. On the 3d day of March, 1845, he removed to Upper Sandusky, county seat of the new county of Wyandot, where he has resided ever since. Mr. Sears was but twenty-four years of age at that time, yet he took a leading position at once, the }^ears rapidly developing his strength and winning the reputation he so richly deserved. He soon acquired a lucrative practice that reached beyond the county limits ; and now, at the Psalmist's full measure of life, retiring from a profession he so dearly loved and so ably sustained, and ever retaining the esteem and affection of neighbors and friends, he can gracefully rest, with the comforts of an ample competence and the reflection of a useful, successful life. March 5, 1847, he was married to Frances E. Manly, and together they have celebrated the golden anniversary of their united lives. A daughter was the result of this marriage, wife of the late Pliny Watson, of Toledo, who now resides at Pasadena, California. Mr. Sears has kept out of politics, as far as he has been able to do so, yet has held positions of public trust to his honor and the best interests of the people he served. He was elected mayor of Upper Sandusky in 1854, and again in 1856 ; was a candidate for judge of the Court of Common Pleas in 1861, and received a handsome majority in his own county. In 1873 he was elected a delegate to the constitutional convention, practically without opposition. In that body were a number of men of national reputation — Chief Justice Waite, ex-Gov- ernor Hoadly, Pufus King, Lewis D. Campbell and others, and Mr. Sears served prominently in the deliberations of the convention. It is, however, as a member of the Ohio Bar that Mr. Sears has gained his greatest distinction. During his long and active practice he was very generally retained in all civil and criminal cases of importance. In Shaffer vs. McKee (19th O. S. 526), the Supreme Court, at his instance, reversed the judgment of the District 382 BENCH AND BAR OF OHIO. Court, and, without preparing an opinion, directed Mr. Sears's argument for the plaintiff to be reported in full as the opinion of the court— an unusual compliment. He was solicitor of the Ohio and Indiana Railway Company until its consolidation, and for some years afterwards attended to the law business of the Pittsburg, Fort Wayne and Chicago Railway on a portion of its line. Among his latest professional successes, not the least important is the decision in Blue vs. Wentz (54 O. S., 247), which puts an end to the con- struction of the ditch law, under which thousands of dollars have wrongfully been taken from parties not benefited, to pay for ditching their neighbors' swamps. His, truly, has been a busy, active life, almost solely devoted to his profession as a member of the Ohio Bar, garnering its results and achieve- ments with remarkable success ; yet he has always been a close reader of history, the literature of the past and present, and there is scarcely a subject . of importance on which he is not well and notably informed. WILLIAM S. ANDERSON, Youngstown. William Shaw Anderson was born on December 31st, 1848, at North Jackson, Mahoning county, Ohio. He is of Irish descent. His father, when a boy of fifteen years of age, emi- grated from County Kerry, Ireland, to Pennsylvania, and afterwards to Mahoning count}', Ohio. Here he became a merchant and farmer. His son, William Shaw, was born on the farm, and spent most of his youth in the per- formance of the duties devolving upon him at home, and in acquiring an edu- cation. He attended the public schools, worked on the farm, and devoted himself to his studies. He had, at an early day, resolved to enter the legal profession, and with great determination he availed himself of every means to secure the necessary qualifications. He supplemented his earlier studies by reading law in the office of Hutchins & Glidden, of Warren, and was admitted to the Bar on April 7th, 1870. He at once commenced practice alone in Can- field, which at that time was the seat of Mahoning county. In 1872, he formed a partnership with Mr. Gilson, under the firm name of Gilson & Anderson, which continued until the death of the senior partner. Then, in 1877, he entered into partnership with Mr. King, under the st\ T le of Anderson & King, which was dissolved upon the junior member being elected probate judge of Mahoning county. At this time he associated himself with A. J. Woolf, the firm being Anderson & Woolf. After some years this was dissolved by mutual consent, and Mr. Anderson entered into a partnership arrangement with Lieutenant-Governor A. W. Jones, which still continues, constituting to-day what is probably one of the strongest law firms in the State of Ohio. Mr. Anderson, as an advocate, has few equals at the Bar. He is not only a brilliant speaker, but he possesses in a remarkable degree all the fine charac- teristics and elements that make a great trial lawyer. He is a close observer, a reader of human nature and a keen judge of character. One of his many strong points is the selection of a jury, in which he displays a knowledge of men and BENCH AND BAR OF OHIO. 383 character that is little less than marvelous. Indeed, it has often been said of him that " he appears to possess an intuitive perception of the qualifications of each man under examination." It is the same in the examination or cross- examination of witnesses. He never makes a mistake, but brings out just the testimony that he wants and passes over the rest. He is particularly happy in stopping exactly at the right time. He possesses a keen power of analysis, a logical mind and a determined will. In his earliest days at the Bar he became engaged in criminal cases. Before reaching twenty-three years of age he was called upon to defend a man charged with murder, and acquitted himself in a manner that drew upon him the attention of the legal fratenity in all the sur- rounding counties. As a direct consequence of the great ability he displayed in handling this class of cases in court, criminal business was forced upon him, and before he was scaroely aware of it he had achieved a reputation as a great trial lawyer. In spite of such success his preference is civil cases, and of those his practice is largely composed. There is, however, in criminal cases, a greater scope for the exhibition of personal power, which appeals strongly to the pub- lic, and in one who has shown remarkable ability in this line the less conspicu- ous qualities displayed in civil cases are liable to be overshadowed. As a speaker, Mr. Anderson holds the closest attention of the audience. He moves the hearts of a jury by his earnestness, and enthralls their intellect and imagi- nation by his brilliancy and eloquence. His reputation as a trial lawyer is not confined to the State of Ohio, but he has been called into a dozen cases of more than local celebrity in Pennsylvania. One of these the " Homestead riots," was of national importance, and in this he was called upon to defend two of the men over whom those serious charges were impending, and for whom he succeeded in securing a verdict of "not guilty." There was an unusual array of legal talent engaged upon these cases — comprising Tom Marshall, of Pitts- burg; Major Montooth, of Pittsburg; Colonel W. C. Irving, of Minnesota, and others, whilst the owners of the " Homestead Works," backed by the county authorities and the State of Pennsylvania, spared no effort and no expense to secure a conviction. In politics Mr. Anderson is a Republican, strongly imbued with the principles of that party. He has, however, never permitted his name to be used in connection with any political office. He loves his pro- fession, and devotes himself assiduously to his law practice. On November 4th, 1868, he was married with Miss Louisa M. Shields. They have four chil- dren — Blanche, William Noble, Randall and Annie. The elder son, William Noble Anderson, is now studying law in his father's office. AARON F. PERRY, Cincinnati. Honorable Aaron F. Perry was born January 1st, 1815, at Leicester, Vermont. He received his early education in the common schools, after which he studied law for awhile. In 1837 he entered Yale Law School, and after one year's study was admitted to the Bar. He then made his residence in Columbus, Ohio, where he practiced law for a \ 384 BENCH AND BAR OF OHIO. number of years. At different times in Columbus his partuers were Governor William Dennison and Colonel H. B. Carrington. In 1S54 Mr. Perry removed to Cincinnati and entered into a partnership with Alphonso Taft and Judge Thomas M. Key, under the firm name of Taft, Key & Perry. This part- nership was dissolved in 1861, when the old age of Judge Key made it necessary. Mr. Perry subsequently entered into a partnership with his son-in- law, Herbert Jenney. Mr. Perry was a delegate to the Baltimore Convention in 1864 that nominated President Lincoln for a second term. He was nomi- nated and elected by the Eepublicans as a member of Congress for the First Ohio District. He remained in Congress but a short time, but became very prominent in the deliberations of that body both by bis earnest work and his speeches. Jlis speech on Civil Service Reform attracted much attention, being one of the earliest on that subject that had been made in Congress. He resigned before the end of his term and declined a re-election. In 1876 Mr. Perry headed the Hayes electoral ticket, and made speeches throughout the State in favor of that ticket. During the war, Mr. Perry supported with such vigor the Northern cause that his services were at one time mentioned by Governor Dennison in an annual message, and one of the defensive works thrown up near Cincinnati at the time of the threatened siege of that city was named in his honor. Mr. Perry stood among the foremost lawyers ever con- tributed by Ohio to the Bar. His prominence and ability at the local Bar became so well known that in 1877 the President appointed him senior counsel on behalf of the United States in its suit against the Union Pacific Railroad and the Credit Mobilier, one of the most important cases ever tried in the United States. He was also counsel in the great railroad case involving the Erie railroad in 1881, and also in the case of A r allandigham against General Burnside involving the validity of the arrest of citizens by the military in time of war, Mr. Perry being retained by the Government to assist the United States attorney. His great ability as a lawyer overshadowed success in other directions, but he was very successful as a writer and as an occasional orator. He received from Marietta College and the Western Reserve University the degree of LL. D. in recognition of his accomplishments in literature. He married in 1843 Elizabeth, the daughter of Micajah J. Williams. His children are Mary, the wife of Herbert Jenney, of the Cincinnati Bar, Elizabeth the wife of Dr. Herman J. Groesbeck, Edith Strong, the wife of Dr. Fred Forch- heimer, and Nelson Williams Perry. January 1st, 1891, Mr. Perry retired from the practice of the law. This was made the occasion of a banquet tendered him by the Bar of the locality, at which time there assembled the most distinguished members of the profession, who testified to their apprecia- tion of Mr. Perry's long service, and their regret that he was to leave their midst. He died March 11th, 1893. BENCH AND BAR OF OHIO. 385 JOHN McSWEENEY, Wooster. The late John McSweeney was long recognized as one of the greatest criminal lawyers who ever practiced at the Bar of Ohio. He was of Irish descent, his parents having both been born in Ireland. He Avas born at Black Rock, near Rochester, New York } August 30, 1824, and was brought as an infant by his parents to Stark county, Ohio. They were in very moderate circumstances, having learned in the school of poverty to appreciate the modest comforts of life which their own labor secured. His father was a shoemaker, honest, industrious, intelligent; he was also a large man, physic- ally, of commanding mien and impressive personality. Both parents died while their son John was in his early childhood and he was left to the care of a guardian appointed by law. This guardian, John Harris, a lawyer, of Can- ton, appreciated his responsibility, took an interest in his ward and placed him in the care of Mrs. Grimes, of Canton, a pious and estimable woman, member of the Catholic Church, who reared him. The small sum of money left by his father was honestly and judiciously applied by his guardian to the best possi- ble advantage in his support and training. Young McSweeney's education was procured at the Western Reserve College and in Cincinnati. His scholar- ship was not only liberal and broad, but he was especially proficient in the Latin classics. He took up the study of law with his guardian, John Harris, of Canton, and removed thence to Wooster in 1845. He there entered the office of Judge Ezra Dean, who was at the time one of the leading lawyers of Wayne county. At different periods subsequently he engaged in practice in partnership with Olin F. Jones, Judge William Given, Honorable George Bliss, and Honorable C. C. Parsons, Sr. So great was his aptitude for the law, so broad and deep his learning, that he rose almost immediately to the first rank of lawyers at the Wayne county Bar. This position he retained almost without a rival to the end of his life. In his practice Mr. McSweeney was brought into contact and competition with Judges Dean, Avery, Given and Cox; Honorable John P. Jeffries, Honorable Lyman Critchfield, Samuel Hemphill ; Judges Ruf us P. Ranney and Rufus P. Spalding ; Honorable Thomas Bartley, Honorable Thomas Corwin, Honorable D. K. Carter, and Senator John Sherman. At the end of twenty 3 7 ears of practice the reputa- tion of Mr. McSweeney, both as a civil and criminal lawyer, had not only become firmly established in Wayne county, but had extended to neighboring counties ; and still later it spread throughout the State and became national. He was retained in nearly all of the important criminal cases tried in north- ern Ohio, and generally by the defense. His influence with a jury was great ; his stature, massive, yet graceful proportions, and his resonant, powerful voice fitted him physically for most effective oratory. His earnestness of manner, his masterful use of a choice and extensive vocabulary, his pathos in appeal, his terrific invective, his pleasing humor, his sparkling wit, his keen repartee, his fairness toward an opponent, his lively and opulent imagination, his mag- netic manner, his sound reasoning and his luxuriant discourse, all combined to give his almost matchless influence in a jury trial. Nor was his power con- fined to his argument before the jury. He was watchful and careful during the 386 BENCH AND BAR OF OHIO. trial to keep out of the record anything which might be detrimental to his cause, and equally careful to avail himself of every expedient known to the law, and every rule or decision that could benefit his cause. He was a close and keen examiner of witnesses, possessing not only fine discriminating quality of mind as to what was relevant or irrele- vant, but also as to the extent to which the examination should be pursued in any direction. He knew when to stop. Mr. McSweeney was engaged with Colonel Robert G. Ingersoll for the defense of Stephen W: Dorsey and others in the famous Star Route trials at Washington, which not only attracted atten- tion throughout the country, but also extended his own high reputation as a criminal lawyer. Mr. McSweeney heartily accepted the presumption of law that a defendant is innocent until his guilt is proven. He was so frequently employed in the defense of persons charged with crime that his sympathy was quick and active, and his belief in the common honesty of human nature was firm and sincere. He was heartily devoted to the interests of a client and never lost sight of a fact, or a circumstance, or a point of law that could be construed in his favor. His study was so thorough and his familiarity with books so great that his word could be accepted as the law in regard to any criminal case. He was not a narrow man in the sense of devoting himself wholly to professional reading and study. His general information was large regarding history, ancient, mediaeval and modern. His accumulation of learn- ing was one of the immeasurable advantages possessed by him in framing an argument for the court or in a public address to the jury. He could draw from it almost without limit in the adornment of his speech. He was a man of generous impulses and strong sense of justice in his dealings with his fellow men. He often invoked the attribute of mercy for the tempering of justice in his appeal for a client charged with crime. He believed in giving every man the best possible chance in the race of life. He had compassion for the unfor- tunate and excuses for the unwary. It may be claimed for him that he was an orator by nature and training, and he belonged to the race that has pro- duced some of the greatest orators in the history of the world. His mother was a sister of Daniel O'Connell. Mr. McSweeney was, in 1851, joined in marriage with Miss Catherine Rex, a sister of Honorable George Rex, of Wooster, one time judge of the Supreme Court of Ohio. She was a woman of strong mental endowment and excellent moral character. John McSwee- ney, Jr., born August 31, 1854, was the fruit of this union. The marriage tie was dissolved June 11, 1884, by the death of Mrs. McSweeney. Mr. McSwee- ney, the subject of this biography, died January 22, 1890. JAMES H. CLEVELAND, Cincinnati. James Harlan Cleveland was born in Frankfort, Kentucky, January 21, 1865. He is a son of Francis L. and Laura Harlan Cleveland. He studied at Princeton College, New Jersey, graduating in the class of 1885 and receiving the appointment to the " Chancellor John C. BENCH AND BAR OF OHIO. 387 Green Fellowship " in moral science. He studied the following year in Ger- many, at the University of Berlin. He then returned to America and studied law at the Columbian Law School, in Washington, D. C, where he graduated in 1888. He was appointed assistant district attorney for the Southern Dis- trict of Ohio, February 29, 1888, which position he retained until November 3, 1889, when he retired to form a partnership with C. Bentley Matthews, under the firm name of Matthews & Cleveland. The firm in 1897 became Matthews, Cleveland & Bowler, by the addition of Robert B. Bowler, formerly comp- troller of the treasury of the United States. On March 28, 1894, Mr. Cleve- land was appointed United States attorney for the Southern District of Ohio, which position he still retains. He is professor of criminal law in the Law School of the University of Cincinnati. He was married in Washington, June 5, 1888, to Grace E. Matthews, daughter of the late J ustice Stanley Mat- thews. He has four children. JOHN McSWEENEY, JR., Wooster. John McSweeney, Jr., was born in Wooster on the 31st day of August, 1854. His father, the late John McSweeney, whose biography is published in this volume, had just entered upon a career at the Bar which has never been excelled in brilliancy by any other practitioner in his section of the State. His mother was Catherine Rex, a woman rich in mental resource and moral excellence, sister of Judge George Rex, who served on the Bench of the Supreme Court. Nothing is more natural, therefore, than the inheritance of talent and taste for the law by young McSweeney. He is a lawyer by heredity ; an orator by kinship with Daniel O'Connell, the renowned patriot of Ireland. His early instruction was received in the pubilc sohools, followed by a classical course in the university and sup- plemented by liberal researches in history, philosophy and literature. He enjoyed peculiar opportunities of obtaining knowledge of the law by associa- tion, observation and absorption. These were not relied upon, however, for the exact and useful knowledge which is so essential to successful practice. He read and studied in the office of his father until he acquired a comprehensive knowledge of the text books and a pretty thorough understanding of the prin- ciples of the law— the science of jurisprudence. He attended the Boston Law School for a full term, and was graduated as a Bachelor of Laws in 1880. Admitted to the Bar in the same }'ear he was received into partnership with his father and thus had the advantage at the outset of a clientage such as in the figment of an ambitious dream rises before the imagination of the ablest young candidate for practice, who enters the field alone, but is realized only after years of patient toil. Indeed many aspiring members of the profession, who subsequently achieved great distinction as advocates and jurists, waited long and anxiously for clients after admission to the Bar. Some of them, in a con- dition of painful poverty, were obliged to turn aside and engage in other occu- pations in order to procure their daily bread and the strength for still further endurance. For such as have the patience and the fortitude, the sedulous 388 BENCH AND BAR OF OHIO. application and the unconquerable determination these early struggles are not without their compensation ultimately. And yet he is the favored of fortune who, possessing the taste, the inclination, the natural abilities, the ambition, the energy, the application and the unwavering purpose to advance himself, finds the doors of opportunity wide open as soon as he is qualified. Mr. McSweeney was quick to avail himself of the advantages which a provident and proficient father had prepared for him. He brought into the practice the ardor and the enthusiam of youth, tempered by scholarship and association with men of learning and eminence. He continued his studies in the law and in the broad field of literature, after engaging in the practice, with the same ambitious purpose, the same conscientious application, as in the stages of prep- aration for admission. He has never ceased to be a student and has never been dismayed by the illimitable fields of research yet unexplored. The infinite variety and the infinite resources of the law charm and satisfy the student whose inclination and purpose unite to lead him into an exploration of its depths a student who is not satisfied with superficial knowledge ; who is not content simply to examine authorities with a view to winning a particular case. Mr. McSweeney has sought to understand the principles of the law and apply them to conditions by means of reasoning. He has always been a busy law3 7 er in the courts,' and has continued in practice alone since the death of his father. He served as prosecuting attorney of Wayne county for six years, and prose- cuted violators of the law with characteristic energ} 7 , as well as fidelity to the State. This official experience made him acquainted with criminal statutes and has led to his retention in important criminal cases as counsel for defend- ant. In State of Ohio vs. McCoy he secured from the Supreme Court a decision upon an important question that had not theretofore been reviewed and set- tled by the highest court, viz., that a woman upon whom an abortion has been performed with her consent is an accomplice, and her evidence will require corroboration. Prior to that the same question had been ruled upon adversely in some eighty-eight cases. Mr. McSweeney has conducted much important litigation in the courts and has been successful not only as a trial lawyer, but also in a business sense. He has succeeded in accumulating a comfortable for- tune. He is a strong advocate, possessing the elements of oratory which influence the minds of juries. His gifts in public speech are frequently employed on the hustings for the benefit of the Democratic party, of which he is an influential member. He was a delegate to the Chicago convention in 1896, which nominated Bryan for president. He was married December J 8, 1884, to Miss Ada Mullins, of Wooster, and has three sons living — Eex, James and John. His temperament is rather poetical and finds much gratification in the perusal of such authors as Byron and Longfellow, whom he adores. He is a Shakespearean scholar and never wearies in the study of this great interpreter of human nature. His charming wife presides gracefully in a home noted for its hospitality and for the entertainment of prominent visitors to Wooster. The- Century Publishing & Engraving Or Chicago: C. C. Archer. BENCH AND BAR OF OHIO. 389 FRANK C. HUBBARD, Columbus. Frank Coe Hubbard, son of Herman M. and grandson of William B. Hubbard, who was a distinguished lawyer and legislator, and for twelve years Grand Master of the Grand Encampment of United States, he being the only Ohio man ever elected to this, the highest office of the Masonic order. The Hubbards have an illustrious history in the annals of the colonial period of our country. The first members of the family to emigrate to America settled in Connecticut as early as 1620. The mother of Frank C. Hubbard was Mariana Coe, from Middletown, Connecticut. She was the grand-daughter of Joshua Stow, one of the civil engineers chosen by the State of Connecticut to survey and lay off that portion of its western ter- ritory known as the Western Reserve. Frank C. Hubbard was born at Columbus, Ohio, February 13, 1852. He was prepared for college in the pre- paratory school of Racine College of Wisconsin, and in due time was admitted to Hobart College, Geneva, New York, from which he was graduated in June, 1873. For several years after graduation he engaged in business, principally banking, at his home, Columbus. During this time he also read law with the firm of Collins & Cole, and was admitted to the Bar by the Supreme Court of Ohio, in June, 1885, and has ever since been engaged in the practice of his profession, in which he is regarded by his fellow members as a lawyer of unusual ability, superior attainments and high character. For two years Mr. Hubbard served as a member of the State examining committee on admission to the Bar, having been appointed to that position by the judges of the Supreme court. In 1887 Mr Hubbard was elected a director of the Columbus Board of Trade. He has also served in an official capacity in connection with many of the business interests of Columbus, being a director of the Columbus and Xenia Railroad Company ; Columbus Terminal and Transfer Railway Company, and is attorney for the Clinton National Bank. He is a member of the Ohio State Bar and Franklin County Bar Associations. He is also a director of the Columbus Club and served for several years as its secretary. He finds his recreation in outdoor sports and is an enthusiastic and successful disciple of Izaak Walton and a leading member of the famous Castalia Trout Club. Mr. Hubbard is a staunch Republican in politics and an influential member of his party, but has always declined public office, though frequently urged by his fellow citizens to become a candidate for various positions of honor and trust. Mr. Hubbard is a gentleman of critical and cultured literary tastes ; is a great reader of all that is best in literature, and enjoys the possession of an extensive and carefully selected library. In June, 1883, Mr. Hubbard was married to Mary Belle Smith, of Columbus, Ohio. CHAPMAN C. ARCHER, Cincinnati. C. C. Archer was born December 31, 1843, in Clermont county, Ohio, near the town of Amelia. He is the son of Benjamin and Keziah Sargeant Archer, natives of Ohio and Pennsylvania, respectively, and both of English origin. His father was a farmer, who gave a 390 BENCH AND BAR OP OHIO. great deal of attention to the growth of fruits and grapes, being among the first to introduce the grape into Clermont county, and owning for a long time the best equipped wine cellar in his section of the country. He was a descendant of Gabriel Archer, who emigrated to Virginia from England in 1604, locating at a place then known as " Archer's Hope." The father died in 1874, at the age of fifty-eight years, surviving his wife some fourteen years. The family originally consisted of five children, of whom but two are now living: Chapman, the subject of this sketch, and James S. Archer, who is engaged in the wholesale flour business in Cincinnati. Chapman C. Archer was educated in the public schools of Clermont county, and subsequently went to what is now known as Belmont College ; he was prevented by illness, how- ever, from graduating from the latter institution in the class of 1864, although he lacked but three months of completing the course. Subsequently he entered the law school of Cincinnati College, and graduated from that institu- tion in 1867. Immediately after his admission to the Bar he associated him- self in the practice of law with H. R. Cox, the firm name being Cox & Archer. This association continued for about two years. Subsequently he practiced his profession alone for a short time, until, in 1870, a partnership with Honorable Aaron McNeill was formed, the firm being known as Archer & McNeill". This association continued until 1894, when Mr. McNeill was elected to the office of judge of the Court of Insolvency. Subsequently Mr. Archer associated himself with G. F. Osier, the firm being at present Archer & Osier. Mr. Archer on November 22, 1872, was married to Alice M., daughter of Nathaniel G. and Rachel ,Maguire Witham, of Withamsville, Ohio. They have one daughter, Kittie R. Archer, who graduated from the well-known Bartholomew School in Cincinnati in 1893. Mr. Archer is a Democrat in politics, and has always been actively engaged in the work of his party in Hamilton county and in the State. He represented the county in the Sixty-first General Assembly of Ohio in 1873 and 1874, being at that time the youngest member of the body. He was also for many years a member of the board of education from the First Ward. In 1893 he was the nominee of his party for the office of probate judge, but was unsuccessful with the rest of the ticket in the election. He is a Knight Templar, a member of the Inde- pendent Order of Odd Fellows, a Knight of Pj'thias and a member of the Red Men. Mr. Archer is a man of commanding presence, affable manners and conservative disposition. He has been engaged continuous^ in the active practice of his profession since his admission to the Bar, and his industrious habits and sound judgment, combined with his careful study of legal prin- ciples and his high character, have made for him a foremost position among his associates in the legal profession. He has not confined himself to any special branch of law, but has participated in the general practice, being regarded as an effective advocate in the trial of causes, as well as a safe coun- sellor in the work of his office. BENCH AND BAR OF OHIO. 391 GEORGE H. PENDLETON, Cincinnati. Honorable George Hunt Pendle- ton was born July 19, 1825, in the city of Cincinnati. He was the grandson of Nathaniel Pendleton, a friend and confidant of Washington, who served through the Revolutionary War on the staff of General Greene and whom Washington appointed judge of the United States District Court of Georgia, and a son of Nathaniel G. Pendleton, one of the most distinguished men of his day, a member of Congress and an intimate friend of President Harrison. His mother was a daughter of Jesse Hunt, one of the pioneers of the western country. His early education was obtained at Woodward High School and under Professor O. M. Mitchell at the old Cincinnati College. He studied for several years under private instruction at home and concluded his educational preparation by two } T ears' travel through Europe, Asia and Africa and a term at the University of Heidelberg. He returned to America in 1846 and studied and practiced law in Cincinnati. In 1853, he was elected a member of the State Senate from Hamilton county and served through the full term of two years. From that date until the time of his death he was prominent in the politics of his country. In 1856, he was elected to Congress and served until March 4, 1865. In 1864, when General McClellan was nominated for Presi- dent of the United States, Mr. Pendleton received the unanimous vote of the convention of his party, for the Vice-Presidenc} 7 . In 1868, he was the most popular man of his party for President, but was defeated by Mr. Seymour by a few votes. He was the candidate of his party for Governor of Ohio in 1869. Subsequently he was elected United States Senator from Ohio, and served from 1878 to 1884 in that position. His greatest distinction rests upon the civil service bill, which was introduced by him, and after untiring efforts on his part was enacted into law. His term as senator expired in March, 1885, whereupon he was appointed by President Cleveland minister to the German Empire. He occupied this position for more than two years and made a splendid impression upon the German government as a diplomat of dignity and ability. While in the discharge of the duties connected with this office he became so seriously ill that he started home for a rest from his labors. Upon his homeward journey he stopped at Brussels, and there died, November 24, 1889. In the following year memorial services were held in the great Music Hall in Cincinnati, at which was delivered an appreciative address by the late Isaac M. Jordan. The ceremonies were most impressive, and were attended by a distinguished body of his fellow citizens, who, regardless of party or belief, testified to the great worth of the departed statesman. Throughout his political life Mr. Pendleton was one of the leaders of the Democratic party. Although strongly opposed to the war, after peace was no longer possible he supported every measure necessary to its successful prose- cution. As an orator he stood among the first men of his day and the sin- cerity and complete integrity of the man were never questioned even by his opponents. The respect with which he was regarded by all was indicated by the familiar name " Gentleman George," which, first applied to him rather derisively, became a proud title which was never disputed by any one. He 392 BENCH AND BAR OF OHIO. was a man of very high moral sense and of the purest character, and, although a public man throughout his life, his reputation remained unsullied. In 1847, he married Alice Key, a daughter of Francis Scott Key, the author of the Star Spangled Banner. At his death he left a son, Frank K. Pendleton, and two daughters. LAWRENCE MAXWELL, JE., Cincinnati. Honorable Lawrence Maxwell, Jr., was born at Glasgow, Scotland, May 4th, 1853, during a visit of his mother to that country, both of his parents being natives of Scotland. His father was a brass founder for a number of years, and a member of the firm of Thomas Gibson & Co., of Cincinnati. He received his education in the public schools and at Woodward High School, and subsequently at the University of Mich- igan, where he graduated in 1874. Thereupon he became a member of the Cincinnati Law School, and studied law in the office of Stanley Matthews. He .was admitted to the Bar in May, 1875, and in the fall of that }'ear connected himself with the firm of King, Thompson & Longworth. Upon the election of Nicholas Longworth to the Common Pleas Bench the firm was reorganized under the name of King, Thompson & Maxwell. In 1879 he delivered lectures to the students of the Cincinnati Law School, and in 1881, by request, a special series of lectures upon the science of jurisprudence, which were attended by many members of the bar as well as the students of the school. His argument before the Supreme Court of the United States in the celebrated case involving the McArthur will was made in 1884, and attracted the attention of the Bar of the country, being characterized by the justice who wrote the opinion of the court as the finest argument he had heard while on the Bench. At the time Stanley Matthews became a member of the Supreme Court of the United States, in 1884, Mr. Maxwell retired from the firm with which he had been associated, and formed a partnership with William M. Ramsey, who had been Mr. Matthews' partner, and remained associated with Mr. Ramsey until the time of the latter's death. With E. W. Kittredge, of Cincinnati, and James C. Carter, of New York, he acted as arbitrator in the Hocking Yalley Rail- road case, in which several millions of dollars were involved. On March 30, 1893, President Cleveland appointed him solicitor general of the United States, which appointment he was at first inclined to refuse, but which he afterward accepted and filled with signal success. He subsequently resigned in 1895. He married, in December, 1876, ClaraBary Darrow, of Ann Harbor, Mich- igan. They have two children. Upon the organization of the law school connected with the Cincinnati University, Mr. Maxwell was chosen as one of the faculty, his special subjects being common law and equity pleading. BENCH AND BAR OF OHIO. 393 ARTHUR A. BROWN, Cincinnati. It is often true that the young man who carves out his own fortune attains a position before men which if thrust upon him by inheritance or combination of circumstances beyond his control he would be unable to maintain. The subject of this sketch, now standing at the front among the young members of the Cincinnati Bar, is the architect of his own position. Coming to this city at the age of thirteen years he was variously employed as an operator of wood-working machinery in the carriage and furni- ture factories, during which time he prepared himself for active life by attend- ing the night schools of the city. At the age of eighteen years he began the study of law, frequently carrying with him to his work a copy of some law text book, and pursued his studies while engaged in his daily labor. He was admitted to the Bar in February, 1880, and soon after began the practice of his profession in the city of Nashville, Tennessee. In 1885 he returned to this city, and for a time engaged in editorial work ; but his desire and inclina- tion urged him to re-engage in the practice of his chosen profession. Opening an office again as a practicing lawyer he was at once rewarded with a clientele that would honor a much older practitioner. Among his first import- ant engagements was his selection as attorney for the National Association of Furniture Manufacturers, a position he continues to hold. His strength at the Bar is found in his eloquence as an advocate before a jury. In the presen- tation of a case he is peculiarly gifted with a manner that appeals to the sentiment of a juror. He can with the greatest skill play upon the emotions, appeal to sympathy, arouse the enmity and hate of a jury at will. Compara- tively few men at the Ohio Bar excel him in power over a jury. Mr. Brown has by indefatigable effort established a commercial practice extending from the seaboard on the East to the Mississippi Valley, and has for his clients many of the largest manufacturers and jobbers in the United States. As a politician he has won fame as an orator, and as a leader with fixed and uncom- promising political opinions, his counsel and advice are constantly in demand from members of his party. As a public speaker Mr. Brown is especially gifted, possessing a freedom of speech, a clearness of thought, a power of logic, a fund of humor and telling sarcasm that electrify and hold his audience wherever he appears on the platform. A number of times he has been urged as a candidate for Congress, for secretary of state, for attorney general, but has never permitted his name to be placed before a convention. More than content is he to pursue the duties of his practice and enjoy the confidence and esteem of his friends and clients, and the quiet of his library at home, rather than engage in an unseemly scramble for office. EVAN P. MIDDLETON, Urbana. Mr. Middleton is a native of Champaign county, born on his father's farm in Wayne township, April 19, 1854. Trac- ing the line of his ancestry back to the colonial times, we find the family seat in South Carolina. The family was originally English, but because of long 394 BENCH AND BAR OF OHIO. residence and frequent inter-marriages with persons of other nationality their English blood, in common with that of most old families, has become the com- posite of modern American stock. The family was prominent in the agitation for liberty which led up to the Kevolutionary War. One of Mr. Middleton's ancestors, Arthur Middleton, member of Congress from South Carolina, in 1776, was one of the signers of the Declaration of Independence. His immediate family came from Virginia, both of his paternal grandparents being natives of Fairfax county in that State. They came to Ohio in 1810, and settled on a farm in Brown county, near Georgetown. His grandfather served in the American army in the war of 1812. He was a civil engineer and surveyor, and assisted in the survey and establishment of the county lines of Pike, Brown, Adams and other counties in the southern part of the State. He was also a farmer and land owner. Later the family removed to Cham- paign county, settling on a farm where the grandparents spent the remainder of their lives, his grandfather dying at the age of ninety-five and his grand- mother at the age of ninety-three years, and they had passed the seventieth anniversary of their wedded life before either of them died. John Middleton, the father of our subject, was a farmer and devoted his life to that vocation. He died in 1881, of pneumonia, at the age of sixty years, on his farm in Wayne township. Mary (McCumber) Middleton, his mother, died July 4th, 1897, in the village of Cable, near the old homestead. She was of Scotch and German parentage, her mother being of German and her father of Scotch descent. Evan P. received his early education in the common schools of Wayne township. At the age of seventeen he entered the Urbana High School, where he attended about a year. He began teaching at the age of eighteen, and continued in that avocation for a period of eight years. During those years he and his brother Arthur kept up a course of literary and classical studies under private tutorship, studying the higher branches of mathematics and the Latin classics, as well as English literature. The last two and a half years of this course were devoted to the study of law under the preceptorship of General John H. Young. They were admitted in Octo- ber, 1878, by the Supreme Court of Ohio, to practice in all the State courts. In the spring of 1879 they entered on the practice of law at Urbana, under the firm name of Middleton & Middleton. This partnership continued up to the death of Arthur Middleton, December 23, 1889. Since that time Mr. Middle- ton has continued the practice alone. In the fall of 1883 he was elected prosecuting attorney of Champaign county, and was re-elected in 1886, serv- ing six years in that office. In the spring of 1881 he was appointed by the Supreme Court, and served as one of the board of examiners of the Cincinnati Law School for that year. As a lawyer Mr. Middleton ranks with the best at the Champaign county Bar. He is purely a lawyer and devotes all his time to his profession. He is thorough in the preparation of his cases and strong in their presentation before court and jury. He is a pleasant and forceful speaker and a successful trial lawyer. He has a large and remunerative practice. There have been but few important cases tried in the county courts BENCH AND BAR OF OHIO. 395 during the past ten years in which Mr. Middleton has not appeared on one side or the other. In politics he is a Republican, and takes considerable part in party politics. Speaking of his characteristics as a lawyer, one of the most prominent members of the Champaign county Bar observed : " Evan P. Middleton ranks with the most successful attorneys at this Ear. He is the sole architect and builder of his own career. He is a well educated man, and got it altogether by his own exertions and without aid of friends. He has been a close student and hard-working lawyer. He spares no pains in the preparation of his cases and is usually prepared for any emergency that may arise. He possesses considerable ability as a speaker, and is a forceful advo- cate before a jury or court. He is highly respected by the Bar; both for what he is and for what he has done for himself." Mr. Middleton was married on December 23, 1875, to Miss Zeppa Rippetoe, daughter of William and Martha (Farmer) Rippetoe, the former a native of Virginia and the latter of Kentucky, though both have passed most of their days in Champaign county. They have two sons and one daughter. GEORGE E. PUGH, Cincinnati. George E. Pugh was born in Cincinnati, November 28, 1822. He studied at Miami University, whence he graduated in 1840. He took up the study of law and practiced with success until the opening of the Mexican war. He became a captain in the Fourth Ohio Regi- ment, and also served as aid to General Joseph Lane. At the close of the war he was elected to the Ohio legislature. In 1850 he became city solicitor of the city of Cincinnati, and in 1851 attorney-general of the State. He was elected United States Senator from Ohio in 1855, when hardly thirty-three years of age, his term extending from December 3, 1855, to March 3, 1861. In the senate he served on the committee on public lands and the committee on judiciary. He took a very active part on the floor of the senate, and was one of the leaders of the Northern Democrats. In 1860 he was a delegate to the National convention held at Charleston, South Carolina, and made the reply to the celebrated speech of William L. Yancey. In 1861 he, with William S. Groesbeck, Rutherford B. Hayes and others, telegraphed the President sug- gesting that General George B. McClelland be put in military authority in Cincinnati. In 1863 he made a very able speech in the Yallandigham habeas corpus case. In 1863 he was the Democratic candidate for lieutenant gov- ernor of the State, but was defeated, as he was the following year when a candidate for congress. In 1873 he was elected delegate to the State consti- tutional convention, but declined to act in that capacity. He died July 19, 1876. George E. Pugh has always been regarded as one of Ohio's ablest men. As an orator and a lawyer he was without a rival. His intellectual powers matured early in life and for some years he was the idol of the people and the Bar. His memory was little short of marvelous and his power of using his materials, even under the most adverse circumstances, made him almost invincible. 396 BENCH AND BAR OF OH 10. CHARLES S. BE NT LEY, Cleveland. The Honorable Charles S. Bentley was born at Chargrin Falls, Cuyahoga county, on the 5th of September, 1846. His father, Staughton Bentley, was a merchant, born in Ohio. The grand- father, Adamson Bentley, was a native of Pennsylvania, of Quaker stock. The latter came to Ohio in the latter part of the last century, where he became one of the most prominent of the Early Disciple Ministers. The Bentleys are of English descent. His mother, Orsey Baldwin, also a native of Ohio, was of English extraction and her ancestors settled first in Connecticut, at a very early period. In childhood young Bentley was sent to the common district schools, which he attended until he was eighteen years of age, when he entered the Eclectic Institute at Hiram, now Hiram College. At the age of twenty- one he entered Hillsdale College, Michigan, where he took the classical course, and was graduated in 1870. He then went to Allegan, Michigan, where he engaged in the wholesale lumber business for something over a year, and while in this business he began the study of law with Honorable B. D. Pritchard, known as the captor of Jefferson Davis. Later he went to Cleveland and entered the office of Judge Darius Cad well, where he remained until his ad- mission to the Bar in the fall of 1872. He commenced practice in the office of Barber & Andrews, and in February, 1873, he removed to Bryan, where he formed a partnership with the Honorable Albert M. Pratt, under the firm name of Pratt & Bentley. This co-partnership continued until 1887, when Mr. Bentley was elected judge of the Sixth Circuit of Ohio for a short term of one year. At the expiration of this term he was elected for a full term of six years, at the close of which he declined a re-election. He then located in Cleveland and resumed the practice of law in partnership with Charles II. Stewart. To have a fair estimate of Judge Bentley he must be considered both as a lawyer and a judge. Before his elevation to the Bench he was but little known beyond the counties near his home; but after assuming his judicial duties he became well and favorably known throughout the State, especially for his decisions, which were models of clearness and conciseness. There was no misunderstanding their scope, yet, withal, they were clothed in choice words, which marked the scholar as well as the jurist. Many of these decisions are found reported in the Ohio Circuit Court Reports from Vol. Ill to X. His associates on the Bench, Judges George R. Haynes and Charles H. Scribner, both of whom served with him the entire seven years, early recognized his worth, and while these three judges presided over the Sixth Circuit it was regarded by the Bar of Ohio as one of the ablest courts in the State. The work of Judge Bentley contributed largely to placing the court upon this high plane. While he was on the Bench the Court of the Sixth Circuit was called upon to deal with three notable subjects of litigation as to which the law was not well settled, viz, petroleum, natural gas and electricity (as a motive power). The introduction of electricity into cities for the propulsion of street cars was bitterly resisted, on the ground, among others, that it was destructive of property and the lives of persons and horses, and its use in streets would compel their abandonment by vehicles 'Hie Q}?itun/ PuMtstwtg & Engixivi/ig Co .Chicaner BENCH AND BAR OF OHIO. 397 drawn by horses, and would be such a standing menace to all safety that franchises to thus use it were void, and injunctions to prevent its use were sought. All this caused much litigation and that court was to quite an extent a pioneer in dealing with these questions and aiding to settle the law of Ohio concerning them. While Judge Bentley was a member of that court it also had to deal with novel and intricate questions as to the legal power of an electric street railway company to obtain by condemnation the right to use jointly with a horse street-car company parts of the established tracks of the latter, and as to the measure of damages therefor, and his opinions in these cases are especially important and interesting. His relations with the Bar were always most cordial, and every member thereof was treated with the utmost courtesy. He was particularly kind to the young practitioner, and when he decided to retire and again take up his work at the Bar there was universal regret that the circuit should lose his services, and he received many urgent letters from both political parties requesting him to reconsider his decis- ion. But wishing to resume practice, he persisted upon retiring. His rank at the Bar before his elevation to the Bench was second to none in his part of the State. He was recognized as a fighter, and when a lawyer knew that Bentley was on the other side of the trial table he well knew that every faculty would have to be alert, for nothing would be left undone which the interest of his client required. While he was a fighter, his methods were fair and only such as a lawyer with a high sense of the proprieties of his profession would employ. After retiring from the Bench he became the senior member of the firm of Bentley & Stewart, at Cleveland, where he at once took rank with the leaders €>f the Cleveland Bar, often being called in consultation in important cases. From his judicial experience he acquired the habit of looking at questions from both sides, and his services in consultation were most invaluable. Judge Bentley is Dean of the Baldwin University Law School at Cleveland. He is a Mason, having attained the thirty-second degree. In 1874 he married Isabel Kemton, of North Adams, Michigan, and by this union there is one daughter, now in the Woman's College at Cleveland. In 1877 Mrs. Bentley died, and in 1890 he married Mary E. Logan, of Toledo. There is no issue of this marriage. University of California Library Los Angeles This book is DUE on the last date stamped below. / JUN 2 8 2004 CUE 3 MONTHS FROM DATE RECEIVED *A YRL/SlL 4