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BENCH AND BAB

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

O. & H • PRESS

DOXOHUE <fc HENNEBERRY
CHICAGO

INDEX.

Jf2Si

v Jl. '

The Early Bench and Bar of the Western Reserve.

The United States Circuit Court of Appeals for the Sixth District

Ohio in the Federal Courts

Reporters of the Supreme Court

The Cincinnati Law School

Adams, Franklin

Anderson, William S

Andrews, Sherlock J

Angell, Elgin A

Archer, Chapman C

Backus, Franklin T

Baikd, Charles

Baker, Henry G

Baldwin, Charles C . . . . :

Bates, James L

Bentley, Charles S

Blandin, Edwin J

Bolin, Andrew R

Bolton, William B

Bonham, Scott

Boynton, Washington W

Brown, Arthur A

Brown, Orin B

Browning, George K

Burke, Stevenson

Burke, Vernon H

Carr, William F

Case, Leonard

Clark, Milton

Cleveland, James D

Cleveland, James H

COFFINBERRY, JAMES M

Converse, George L

Cormany, George W

Critchfield, Harry D

Crowell, John

Delano, Columbus

Dellenbaugh. Frank E

Dempsey, James H

Dickman, Franklin J

Dolson, Thomas H

Donnelly, Michael

Doyle, John H

Dustin, Charles W

Earnhart, Moses B

English, Lorenzo

Everett, Charles D

Fisher. William H

Fitch, Edward H

163
382
100
297
389

81
171
356
155
225
396
222
303
289
370

80
393
346
340
360
379
311
160
344
157
386
306
232
118
349
309
350
246
367
146
333
295
260
328
359
123
159
311
231

Fitch, Orramel H

Fitch, Winchester

Foote, Horace '. . .

Force. Manning F

Frazier, Alfred A

Geiger, Levi

Gilmore. James A ■

Goff. Frederick H

Goodwin. James P ...

Goulder, Harvey D

Greve, Charles T t

Hale, John C

Hall. Theodore

Hamilton Edwin T

Harmon. .Judson

Harrington, Charles A

Heiserman, Clarence B

Heisi.ev, John W

Henderson, John M

Herrick, Gamaliel E

Herrick. John F

Holding, Samuel H

Hollistek, George B

Hollister Howard C

Hopkins, Evan H

Hoyt, James H

Hoyt, James M

Hubbard. Frank C

Hubbard, William B

Hunt, Samuel F

Hutchins, John

Hutchins, John C

Irvin, Obed W

Johnston, Joseph R

Johnston, Stephen

Jones, Asahel W

Jones, James M

Keith, Myron R

Kelley, Alfred

Kennan, Jairus

Kerruish, William S

Killits, John M

King, Louis W

Kline, Virgil P

12
24
42
66

227
234
203
262
342
322
136
356
125
290
377
87
235
153
111
279
321
285
145
219
154
293
347
349
359
211
206
389
228
112
103
105
327
275
126
265
248
285
291
177
241
186
270
305

1397885

INDEX.

Kumlbb, Alyin W 343

Lawrence, James 247

Leggett, Mortimek D 367

Lincoln, Timothy D 109

Livingston. Duncan 282

Loller, Thomas H 237

Loomis, William B 134

Lutes, Nelson B 372

Lutes, Nettie C 373

Lynch, William A 237

Mackoy, William H 378

Marble, Gilford L . 23(3

Marvin, David L 172

Marvin, Ulysses L 176

Maxwell, Lawrence, Jr 392

May, Manuel . : 223

Michael, Albert J 298

Middleton, Evan P 393

Miller, John C s 318

Mooney, William T 141

Moore, John J 143

Munger, Edmund H 317

Murray, Robert B . . 272

Musser, Harvey 184

McELRo\ r , William L 294

McFarland, William C. 287

McKinney, Henry 208

McMahon, John A 312

McSweeney, John 385

McSweeney, John, Jr 387

Nevin, Robert M 330

Nye, David J 167

Ong, Walter C 296

Osborne, C. Woodruff 178

Paine, Robert P 212

Parmenter, William L 358

Parsons, Richard C 107

Payne, Henry B 96

Pendleton, Geo. H 391

Perry. Aaron F 383

Platt, Rutherford H 230

Powell, Thos. E 259

Power, Benjamin F 299

Prentiss, Samuel B 88

Pugh, George E 395

Randall, Emilius O 124

Ranney, Henry C 91

Ranney, John L 94

Ranney, Ruffs P 69

Rice, Hara^ey 243

Richards, Channing 254

Richie, Horace G 198

Ridenour, Jacob C..\ 190

Ridgely, John H 165

Risser, Geo. W 348

Rockel, William M 334

Russell, Daniel A 354

Ryan, Daniel J 141

Sadler, Rolin W 169

Sanders, William B 308

S A Y r RE , Moses M 338

Schroth, Geo. E 179

Scott, Charles E 188

Sears, John D 380

Shaffer, Frank H 119

Sherwood, William E 240

Sibley, Hiram L. 128

Sloane, Thomas M 185

Smith, Barton 194

Smith, Horace L 315

Smith, Rufus B 255

Southard, Frank H 339

Squire, Andrew . . . . " 245

Stephens, Charles H 117

Stone, Carlos M v 209

Sumner, Charles E 197

Swing, James B 120

Taft, Alphonso 25q

Taft, William H 253

Taylor, Ezra B 181

Thomas, Daniel E 191

Thomas, Jas. M 302

Tilden, Daniel R 150

Todd, David W 331

Tolles, Sheldon H 353

TOWNSEND, CHAS •. 121

Tracy, Thos. H 195

Tucker, William H 192

Tuttle, Geo. M ,283

Tyler, Joel W 199

Vickery, Jesse 185

Vickery, Willis 196

Voris, Alvin C. ._ 278

Voris, Edwin F 180

Wagner, William S 164

Watson, David K 257

Webster, John H 288

Welty, John C 173

White, Henry C 201

Whittlesey, William A 137

Wickham, Chas. P 274

Wickham, Emmet M 13'.i

Williams, Israei 314

Williams, Jas. M 220

Williams, Thos. B 337

Williamson, Samuel 215

Williamson, Samuel E 218

Wilson, David M 268

Wilson, Jas. P 269

Winn, Simeon M 341

Wright, Silas H 325

BENCH AND BAR OF OHIO.

THE EARLY BENCH AND BAR OF THE
WESTERN RESERVE.

BY JUDGE HENRY CLAY WHITE.

The marked influence and advanced standing of the people of the State of
Ohio is due, in no small degree, to the diversity in the social sentiments and
traditions of the early pioneers, at the initial points of settlement. In the
southern portion of the State there was a mingling of the Puritan life from Mas-
sachusetts Bay, and the generous impulses of the Cavalier spirit from Virginia.
In the northern portion of the territory constituting the State, the modified
ideas of Puritanism, as it came through the Connecticut col'ony, found lodg-
ment. This was~ especially true of that part of Ohio originally claimed by
Connecticut. The events involved in the history of the Connecticut Western
Eeserve retarded the establishment of social government in that part of the
Northwest Territory for many years, and when civil government finally
became established by the Act of Congress of 1800, the civil institutions came
to sudden and permanent maturity. These events grew out of the most pecu-
liar and complicated relation of the State of Connecticut to the United States.
The claim of Connecticut was founded upon a patent granted by King Charles
II., in which the western boundary of the territory of Connecticut was imper-
fectly defined. Connecticut claimed not only the right to the soil of her terri-
tory in the Northwest, but also the right of jurisdiction. After the sale of the
territory constituting the Reserve to the Connecticut Land Company, which
was a syndicate of capitalists in the East, Connecticut undertook to convey to
this company, not only the title to the soil, but also the "right of jurisdic-
tion. 1 ' The company at no time considered itself justified in assuming civil
jurisdiction, and when it was ascertained that the sale and settlement of the
lands was seriously interfered with by the lack of civil government, the Land
Company made strenuous appeals to the State of Connecticut to resume juris-
diction.

The territory thus reserved by Connecticut in her cession of western
lands to the United States, dated September 14, 1786, was to be bounded on
the north by the international line, forty-two degrees and two minutes ; east
by the western boundary of Pennsylvania ; south by the forty-first parallel,
and west by a line parallel with the eastern boundary and distant from it one
hundred and twenty miles. The acreage area of this reserved territory was

BENCH AND BAR OF OHIO.

supposed to be four millions of acres, but on actual survey proved to be less
than three millions. This territory is not at present bounded by county
lines.

The initial step in defining civil jurisdiction, in all the western cessions
made by the States to the Union, was the erection of counties, and the county
became the unit of organization in the Northwest, instead of the township, as
in New England, and the parish, as in the southern portions of the United
States. In the Connecticut Western Reserve, the final division of local
government was into counties and townships ; so that the indestructible unit
of primary self-government, "The New England Township," finally asserted
itself in the institutions of the Western Reserve. The efforts to extend the
privileges of civil government in the wilderness of the Northwest Territory,
afford a very curious and valuable history. That part of the Northwest Ter-
ritory now comprised in the boundaries of Ohio, so far as the Indian titles
had been extinguished, was erected into two counties — Washington and
Hamilton. Washington county was erected by the action of the Territorial
government at Marietta in 1788 ; that government, at that time, being the
governor, General Arthur St. Clair, and the three judges appointed by
Congress, constituting a Grand Council. Washington county comprised about
half of the territory of Ohio, and about half of the Western Reserve, but this
immense county was merely a paper government. The actual and immediate
jurisdiction, which had found lodgment at Marietta on the Ohio river, had not
been extended to the virgin wilds of the Western Reserve. At a later period
the attempt of Governor St. Clair, through his fiscal agents, to levy taxes
upon the inhabitants of the Western Reserve, led to a slight conflict of
authority. The officers of the territorial government never exerted any
official control of the settlements made upon the Western Reserve. The deed
granting the territory of the Reserve to the Connecticut Land Company, by
the State of Connecticut, conveyed all the right, title and interest of the State
of Connecticut, " Juridical " and " Territorial."

One of the most accurate and painstaking historians of the Western
Reserve has said : " So little was know r n at this time, of the respective powers
of the State and of the United States, under the Constitution of 1787, that
many of the parties thought the Land Company bad received political
authority and could found here a new State. They imagined themselves, like
William Penn, to be proprietors, coupled with the rights of self-government."
He further says: "Both parties to the transaction imagined that the deed of
Connecticut conveyed powers of civil government to the company, and that
the grantees might organize a new State." *

This assumption of civil authority, when fairly asserted and understood,
met with a decided opposition by the United States. It was considered
entirely anomalous and unwarranted that a syndicate of land speculators
should be allowed to erect a new State within the territory of the North-
west.

* Colonel Charles Whittlesy in " The Early History of Cleveland," page 167.

BENCH AND BAR OF OHIO.

From this time, until the year 1800, frantic appeals were made by the
Land Company to the State of Connecticut, and finally by the State of Con-
necticut to the United States, and Congress, to solve the problem of civil
government on the Western Reserve. A narrative of the various applications
made to the general assembly of Connecticut, by the corporate parties
interested, would be inconsistent with the purposes of this sketch. The
difficulty which confronted the State of Connecticut was, to concede civil
jurisdiction to the Federal Union, and still maintain her claim to reserve
title to the soil of the territory.

On the 18th day of February, 1800, Mr. Brace, of Connecticut, offered in
the House of Representatives a resolution to appoint a committee to take into
consideration the expediency of accepting the proffered cession of jurisdiction
over this territory of the Reserve from the State of Connecticut. It is a
remarkable fact that the chairman of this committee was a man of no less
distinction than John Marshall, the great jurist, and afterwards Chief Justice
of the United States. Mr. Marshall, at this time, was a member of the Federal
House of Representatives. He made a lengthy report of the situation, giving
a history of all the events leading to the assumption and reservation of juris-
diction by the State of Connecticut, and concluding that Connecticut could set
up a government on the Reserve, if she chose to do so, but that it would be
far more politic and expedient to merge the jurisdiction in that of the North-
west Territory. This report was finally adopted by Congress, and deeds were
repectively made by the Federal government and the State of Connecticut,
through and b}^ which the United States confirmed the title to the soil of the
Western Reserve, in Connecticut, and Connecticut renounced forever all terri-
torial and jurisdictional claim over such soil; and thus a serious controversy
and emergency, which retarded the settlement of this magnificent domain, and
had seriously imperiled the relations between the State of Connecticut and the
Federal government, was happily composed and averted.

The judicial functions and jurisdiction, as it was originally exercised in the
territory "northwest of the River Ohio," was vested in judges appointed by
the President of the United States ; the original appointment by President
Washington being conferred upon the following persons: Samuel Holden
Parsons, James Mitchell Varnum and John Armstrong — John Armstrong
declining the appointment, John Cleves Symmes was appointed in his place.
These judges, or any two of them, constituted a court of common-law jurisdic-
tion. They also had certain legislative functions, which it is not necessary here
to define.

There was a somewhat serious contention touching the powers of the
governor, secretary and judges of the territory to legislate originally for the
territory. It w r as insisted by many that they were simply confined to adopt-
ing such laws as might suit the conditions of the new territory, found already
enacted in the statutes of the older States.

" These judges, appointed by the National Executive, constituted the
Supreme Court of the territory. They were commissioned during good

BENCH AND BAR OF OHIO.

behavior, and their judicial jurisdiction extended over the whole region north-
west of the Ohio. The court thus constituted was fixed at no certain place,
and its process, civil and criminal, was returnable wheresoever it might be in
the territory. Inferior to this court, were the County Courts of Common
Pleas and the ' General Quarter Sessions of the Peace.' The former consisted
of any number of judges, not less than three, nor more than seven, and had a
general common-law jurisdiction concurrent in the respective counties with
that of the Supreme Court ; the latter consisted of a number of justices for
each county, to be determined by the governor, who were required to hold
three terms in every year, and had a limited criminal jurisdiction. Single
judges of the Common Pleas, and single justices of the Quarter Sessions, were
also clothed with certain civil and criminal powers to be exercised out of court.
Besides these courts, each county had a judge of probate, clothed with the
ordinary jurisdiction of a Probate Court. Such was the original constitution
of courts and distribution of judicial power in the Northwest Territory. The
expenses of the system were defrayed in part by the National Government,
and in part by assessments upon counties, but principally by fees, which were
payable to every officer concerned in the administration of justice, from the
judges of the General Court downward. In 1795 this judiciary system under-
went some changes. The General Court was fixed at Cincinnati and Marietta,
and a Surrogate Court was established, with power to try, in the several
counties, issues of fact depending upon the superior tribunal where alone
causes could be finally decided. Orphans' Courts, too, were established, with
jurisdiction analogous to, but more extensive than that of the judge of probate.
Finally, as if with a view to create some great reservoir from which, whatever
principles and powers had been omitted in the particular acts, might be drawn
according to the exigency of circumstances, the governor and judges adopted
a law providing that the common law of England, and all general statutes in
aid of the common law, prior to the fourth year of James L, should be in full
force within the territory." (Chase's Statutes of Ohio, Yol. 1, Preliminary
Sketch, page 26.)

A fruitful histor\ T might be written upon the origin and evolution of the
primitive and historic magistrate, known to the English law as the " Justice
of the Peace." Pursuant to the powers conferred upon the governor and
judges of the Northwest Territory by the Ordinance of 1787, the territorial
government appointed for each county a number of justices of the peace, five
of whom, designated by the governor, should constitute what was called " The
Quorum." This body of justices were required to meet three times a year
at the seats of justice designated, and hence the name of the ''Court of
Quarter Sessions of the Peace." The meeting of the five justices, who seemed
to have pre-eminence under the orders of government, was a meeting of the
" Quorum." This may be said to be the primitive court of the Northwest
Territory. While single justices may have dispensed a rude justice in the
wilderness, previous to the date of August 25, 1800, it was on that date that
the first Court of Quarter Sessions for Trumbull county, which comprised

BENCH AND BAR OF OHIO. 5

nearly all of the Western Reserve, was held. It was held at Warren, which
has since been known as the original "capital" of the Western Reserve. In
this court was lodged the entire civil jurisdiction of the county, local, legis-
lative and judicial. The first court opened on the public square or common, in
the city of Warren, at four o'clock in the afternoon, under a bower of trees,
between two large corn cribs. It continued five days, and the labors it accom-
plished can be best shown by the following synopsis of the record preserved in
the handwriting of Judge Pease :

Court of General Quarter-Sessions of the Peace, begun and holden at
Warren, within and for said county of Trumbull, on the fourth Monday of
August, in the year of our Lord eighteen hundred, and of the independence of
the United States the twenty-fifth. Present, John Young, Turhand Kirtland,
Camden Cleveland, James Kingsbury, and Eliphalet Austin, Esquires, justices of
the quorum, and others, their associates, justices of the peace, holding said court.
The following persons were returned, and appeared on the grand jury, and were
empaneled and sworn, namely : Simon Persons (foreman), Benjamin Stowe,
Samuel Menough, Hawley Tanner, Charles Daly, Ebenezer King, William
Cecil, John Hart Adgate, Henry Lane, Jonathan Church, Jeremiah Wilcox,
John Partridge Bissell, Isaac Palmer, George Phelps, Samuel Quinby, and
Moses Park. The court appointed George Tod, Esq., to prosecute the pleas
of the United States for the present session, who took the oath of office. The
court ordered that the private seal of the clerk shall be considered the seal of
the county, and be affixed and recognized as such till a public seal shall be pro-
cured. The court appointed Amos Spafford, Esq., David Hudson, Esq., Simon
Perkins, Esq., John Minor, Esq., Aaron Wheeler, Esq., Edward Payne, Esq.,
and Benjamin Davidson, Esq., a committee to divide the county of Trumbull
into townships, to describe the limits and boundaries of each township, and
to make report to the court thereof."

Thus the institution of civil and judicial government on the Western
Reserve was contemporaneous with the beginning of the century, and from
that time to this the enlightened administration of justice by the duly consti-
tuted tribunals has never been interrupted in that part of the State of Ohio.
According to my best information, there never has been a lynching upon the
Western Reserve, and with very few exceptions the enforcement of civil order
has never been impeded by mob law.

The changes made in the erection of counties upon the Western Reserve,
and their division and subdivision, affords material for an interesting discussion ;
but its consideration would be apart from the purpose of this sketch.

The courts to which reference has now^been made continued under the
territorial government until the admission of the State into the Union, under
the Constitution of 1802, when other courts were created somewhat modifying
the functions and jurisdiction of the judicial magistrates.

The character of rights and remedies with which these early tribunals had
to deal, was of course fixed by the social conditions of the community. Abun-
dant litigation, touching land titles, was of later origin, when lands became
more valuable.

In every new community, courts stood most prominently before the peo-
ple as conservators of the peace. Nearly, if not quite all, the criminal juris-

BENCH AND BAR OF OHIO.

diction exercised by these early magistrates grew out of the conflicts between
white settlers and the Indian tribes. It must not be inferred from the fact
that the early settlers upon the Western Reserves were without judicial insti-
tutions, that there was no need of them, and that, in the conduct of life, these
pioneers were so saintly as to be beyond the need of law and civil order. The
fact, authenticated by history, is that " the settlement of the Reserve was
opened at a time when religion in New England was at a low ebb. Old Con-
necticut did not at first send, as a rule, what she considered her best elements
to New Connecticut. At a later day, the character of the emigration improved
in respect to religion and morals ; but the first emigration was largely made
up of men who desired to throw off the heavy trammels of an old and strongly
conservative community, where church and state were closely connected, and
where society was dominated by political and religious castes. Still further,
the East was at this time swept by an epidemic of land speculation ; while the
laxative moral influence of a removal from an old and well-ordered society to
the woods produced its usual effects."*

And yet, it must be conceded that these pioneers bore with them into the
wilderness the intuitive reverence of the Anglo-American race for law and
social order. This in-born reverence for the majesty of the law is the most
hopeful solvent for all the serious problems of democracy. These men from
New England, while not of the choicest of the population, nevertheless ex-
emplified the Puritan spirit of mingled subordination and independence. The
Connecticut Western Reserve was the last home of colonized Puritanism.
The Puritan always inculcated a righteous sense of justice. He drew his legal
inspirations from that ancient people whose code was graven on tables of
stone. In his eyes not only crime, but venous sins, were heinous and offensive.
This bias can be traced in the early administration of public justice.

The first capital case, the trial of which attracted public attention on the
Western Reserve, was the case of the State of Ohio against O'Mic, which was
tried in the city of Cleveland, in the year 1812. This was an indictment
against a young Indian of the Chippewa tribe, for murdering two trappers in
the wilds of Ohio, which is now a part of the county of Sandusky. The trial
was conducted under a spreading oak tree. The jury were seated upon rude
puncheon benches extemporized for the occasion. It was before the erection
of a court house and jail, and the prisoner was confined in the loft of the only
public house in the village. The presiding judge at this trial was Benjamin
Ruggles, and his associates whose names have not been very carefully pre-
served by the records. After a fair and impartial trial, O'Mic was convicted
and sentenced to be hanged upon the public square, and after an execution
which was at once primitive, ludicrous and pathetic, paid to the majesty of
the law the penalty with his life, and was buried under his gallows. To pur-
sue the history of these causes celebres, would demand too much space. The
most populous of the counties upon the Western Reserve, that of Cuyahoga —
named from the river which finds its way to Lake Erie through its borders —

*Dr. B. A Hinsdale in "Magazine of Western History," August, 1889, page 353.

BENCH AND BAR OF OHIO.

was erected after the adoption of the first Constitution of Ohio, in the year
1807. The seat of justice, however, for this new county, was not Cleveland,
but Chardon, Geauga county. Until January 16, 1810, Cuyahoga county had
no judicial institutions of its own. During the territorial period preceding the
admission of the State into the Union, Governor St. Clair had appointed
James Kingsbury, of Cleveland, a justice of the Court of Quarter Sessions for
the county of Trumbull. This statement leads me to group the further dis-
cussion of this subject around brief, and necessarily imperfect, sketches of
some of the pioneer magistrates and lawyers.

Samuel Huntington. One of the foremost of the pioneers of the Western
Reserve, and who became distinguished in early public life, above all others,
was Samuel Huntington, Esq., of Connecticut. He was born in the State of
Connecticut in 1765. He was a graduate of Yale College, and subsequently
studied law, and was admitted to the Bar in his native State. He engaged in
the practice of his profession in that State until 1800, when he came to Ohio,
living at different times at Youngstown, Marietta, Cleveland and Painesville.
He was a member of the Constitutional Convention of 1802 ; was a State sen-
ator from Trumbull county ; was a judge of the Supreme Court, and while so
serving, resigned the judgeship, having been elected governor of the State.
He died at Painesville in the county of Cuyahoga, now county of Lake, in
1817. He was the adopted heir of his uncle and namesake, Governor Samuel
Huntington, of Connecticut. In the year 1801 he removed from Youngstown to
Cleveland, and built himself a spacious block house in what is now the very heart
of the city of Cleveland. He had a liberal education and was refined and
aristocratic in his habits and manners. He was thoroughly conversant with
the French language, and had studied abroad — a very rare accomplishment
for a young man of those days. His family consisted of three servants, and
his home in the wilderness manifested no small degree of taste and refinement.
His first public office was that of a justice of the Quorum, being appointed by
Governor St. Clair in 1802. A murder case was tried in Youngstown about
that time, before Justice Huntington. It was the case of McMahon, who was
charged with murdering an Indian by the name of ''Spotted George" at Salt
Springs, now in Mahoning county. On that occasion Governor St. Clair paid
a visit to the Western Reserve, the first and only time that the territorial gov-
ernor so honored that part of Ohio. By common consent Huntington took
priority on the Bench of the Court of Quarter Sessions. In November, 1802,
he was elected a delegate to the convention, to form the State Constitution,
about to assemble at Chillicothe, Ohio. He took a prominent part in the con-
vention, and for nearly half the session was the only representative from the
large county of Trumbull in the territory. He was active upon the judiciary
committee and his influence was felt in this notable body, who laid so well
and wisely the foundations of the State in the first Constitution.

There is very little recorded judicial history, in which Judge Huntington
participated. It was before the day of the court reporter and stenographer,
and the literary remains of such a public man are decidedly meager." The

BENCH AND BAR OF OHIO.

legal profession, at that time, was beset with peculiar hardships and dangers.
The judges were more in the saddle than upon the Bench. The usual means
of transit from place to place was upon horseback. The law libraries were in
the saddle-bags, and consisted only of two or three volumes. The judges and
the lawyers, out of court, in all their social intercourse, were on an equal foot-
ing, and their common experiences and close intercourse engendered a familiar
comradeship, the amenities and jovial incidents of which did much to modify
the asperities and adversities of their lives.

" The journeys of the Court and Bar, to those remote places, through a
country in its primitive state, were unavoidably attended with fatigue and
exposure. They generally travelled with five or six in company, and "with a
pack-horse to transport such necessaries as their own horses could not conven-
iently carry, because no dependence could be placed on obtaining supplies on
the route; although they frequently passed through Indian camps and vil-
lages, it was not safe to rely on them for assistance. Occasionally, small quan-
tities of corn could be purchased for horse feed, but even that relief was
precarious, and not to be relied on.

" In consequence of the unimproved condition of the country, the routes
followed by travellers were necessarily circuitous, and their progress slow. In
passing from one county seat to another, they were generally from six to
eight, and sometimes ten, days in the wilderness ; and at all seasons of the year,
were compelled to swim every water course in their way, which was too deep to
be forded ; the country being wholly destitute of bridges and ferries; travel-
lers had therefore to rely on their horses as the only substitute for those con-
veniences. That fact made it common, when purchasing a horse, to ask if he
were a good swimmer, which was considered one of the most valuable quali-
ties of a saddle-horse. Strange as this may now appear, it was then a very
natural inquiry." *

Such was the common experience of Judge Huntington, from which
none of the jurists of that day were exempt. It is related of Judge Huntington
that the most thrilling experience through which he passed in the wilderness,
was during a ride through the forest from what was then the village of
Painesville, on the lake shore, to Cleveland. At a point now in. the heart of
the residence portion of the city of Cleveland, he passed through the primeval
forest at night and was set upon by a pack of hungry wolves, who had their
covert in that portion of the woods, and his life was saved by his beating off
the boldest of the pack with his umbrella, which was broken to pieces, and the
fleetness of his horse, which took fright and whose speed outstripped the fore-
most of the pack, in their race toward the scattered village of Cleveland.
There is something characteristic of the man, that his only weapon on that
occasion was that necessary adjunct to the equipment of every refined gentle-
man, an umbrella.

Samuel Huntington was a learned man, of generous culture and much
refinement. No doubt there was something of unvielding 1 sternness in his dis-

* BuraeVs Notes on the Northwestern Territory, p. 65.

BENCH AND BAR OF OHIO.

position and service as a magistrate, coming to him through his ancestors in
Connecticut. Record is made of the fact that one Isaac Huntington, who was
no doubt Governor Huntington's ancestor, while a justice of the peace in the
State of Connecticut, and administering the " Blue Laws" in all their rigor,
disposed of a case thus :

" 1738, July 12. John Downer and Solomon Hambleton for profaning
the Sabbath day by oystering, fined five shillings and costs."

This same justice, in 1749, fined a person twenty shillings for playing at
cards, and another five shillings for laughing in a meeting.

No doubt the early jurisdiction of the judges of New Connecticut was
exercised over cases quite as trivial, if not of the same character, as the above
reported cases. But here was a young man who died but little past middle
life who had spent years in procuring his education at home and abroad, rising
step by step on his merits from the humble office of a justice of the peace to
the gubernatorial chair of the State, and yet one has to glean through
numerous volumes of obscure history to learn even the simplest outlines of his
life. His portrait may be found in the gallery of the governors of Ohio,
exhibited in the rotunda of the capitol at Columbus. No one can look upon
the refined and delicate lines of his face, his elegant attire, his large, lustrous
eyes, without wondering how so refined and cultivated a gentleman could have
found congenial life in the unbroken wilderness of northern Ohio.

It has been well said of Governor Huntington that "his character for
strict integrity, great executive ability and accomplished scholarship was
second to that of no incumbent of the executive chair."*

The first Court of Common Pleas held in Cuyahoga county was held in
Cleveland in June, 1810. The population of Cleveland was then fifty-seven.
Honorable Benjamin Ruggles was president of the court. The business term
embraced the consideration of five civil suits and three criminal prosecutions.
Thomas D. Webb is recorded as the attorney who filed the first precipe for a
summons, being the suit of Daniel Humason against "William Austin — action
for trespass on the case for eleven hundred white fish of the value of $70,
which came into the hands of the defendant by " finding," but who refused to
give them up on demand, and converted them to his own use. Alfred Kelley
appeared for the defendant, denied the force and injury, etc., the plaintiff
joined issue and "put himself on the country." At the next term the
defendant appeared, by his attorney, "and the plaintiff being solemnly
demanded to come into court and prosecute his suit, but came not. Where-
upon the court considered that said Daniel take nothing by his bill, but that
he be amerced, and that said William go without delay and have execution
for his costs and charged by him laid out about his defense, of $9.55."

I am indebted for this record to the Honorable F. T. Wallace, now
deceased, in his admirable sketch upon the legal and judicial history of Cleve-
land, published in the " Bench and Bar of Cleveland."

* A sketch of the Supreme Court of Ohio, by Edward B. Kinkhead.

BENCH AND BAR OF OHIO.

Honorable Alfred Kelley. This gentleman's name is ineffaceably
written and prominent in the early history of Ohio. He also was bred to the
law in the State of Connecticut. He was a man of great breadth of states-
manship, as well as legal acumen. He was for many years one of the great
leaders in framing wholesome laws for the government of the new State of
Ohio, and stood at the head of those who founded its commercial and finan-
cial institutions. He was a great financier. The Bankers' Association of the
State of Ohio recently did tardy justice to the memory of this great man by
publishing a memorial paper, prepared by Honorable T. H. Wilson, in their
transactions at a recent meeting. He was the father of the banking system of
the State of Ohio, and its outgrowth, the State Bank of Ohio, one of the
strongest financial institutions of its day, and the progenitor of the National
banking system of the United States. His name appears upon all the early
records of the courts, of both the northern and middle portion of the State of
Ohio. His early residence was Cleveland, and he was justly regarded, in his
day and generation, as a leader among men.

James Kingsbury, Esq. This remarkable pioneer came upon the Western
Reserve with the original surveying party sent out by the Connecticut Land
Company, in 1796, and the winter subsequent to his landing upon the shores
of Lake Erie, with his young wife and child, was of such severity that to keep
his family from starvation he was obliged to start alone through the primeval
forests, to reach Buffalo, if possible, to procure provisions. When he returned
to his hut, now in the county of Ashtabula, Ohio, he found his child dead, and
his wife almost in the last stages of starvation. He was a man of sound judg-
ment and of native force of character. In 1802 Governor St. Clair, of the
Northwest Territory, appointed him a justice of the Quorum for the county of
Trumbull. He was also honored by being elected to the first general assembly
of the State. He was an enterprising, progressive and typical pioneer. He
built the first frame house for a dwelling, near Cleveland, more than eighty
years ago, and the structure still stands as one of the historic landmarks in the
suburbs of the city.

Honorable Benjamin Tappan was the first settler in that county of the
Western Reserve now called Portage, so named because it occupies territory
between the head waters of the Cuyahoga and the Muskingum rivers, which
was long used by the Indians as a portage. He was a lawyer of great original
force and ability. He was somewhat eccentric and very brusque in his man-
ners. His cabin was the first to be erected in the town of Ravenna, which is
now the seat of justice in Portage county. In his fortitude and chivalry, no
less than in his strong and indomitable will, there was something heroic. He
emigrated from Connecticut with his household goods and " gods " transported
with a cart and ox-team. Arriving at the mouth of the Cuyahoga, he,
together with David Hudson, another pioneer, embarked upon the "crooked
river" and paddled their way up stream to a point now in the county of
Summit. Here he lived with his family in a tent, and with a hired man and a
rude dray, constructed by himself out of poles, to which he had attached his

BENCH AND BAR OF OHIO.

ox-team, he broke his way through the wilderness toward his destination. In
the midst of the forest one of the oxen became over-heated and died, and he
was stranded in the wilderness with only one dollar in his pocket, being one
hundred miles remote from any settlement. With his trusty rifle, and a
pocket compass, he made his way to Youngstown, and making a favorable im-
pression upon Colonel James Hill, who was the leading citizen in that settle-
ment, he purchased of Hill an ox on credit, and with his beast of burden found
his way back to his lodge in the wilderness, and with this new team pressed
on to his future home. Like so many others, coming from the East, and. its
strict rigorous and conservative religious life, he discarded all external observ-
ances of religion and its dogmas, and in the reaction from his former convic-
tions, became a pronounced skeptic. It is said of him that, while a man of
very generous and kindly disposition, he was once approached by a voluble
preacher for a contribution to build a church, and in the exuberance of his
appeal, the preacher said that the Lord " owned the cattle on a thousand hills."
Mr. Tappan was then a member of the United States Senate. He turned to
the preacher with a droll expression on his countenance and said : " Why
don't the Lord sell some of those cattle and build his own church ?" He was
possessed of a good academic and professional education, and reached a proud
eminence as a jurist and statesman, and was elected by the first legislature as
one of the first United States senators for the State of Ohio, where he became
a conspicuous, as well as useful public servant.

To even transcribe the roll of those who might be deemed worthy of a
special sketch, in this fragmentary history of the Western Reserve, would
occupy vastly more space than could be allotted to its treatment in this con-
nection. These men, whose names I have mentioned, may be taken as tj'pical
of the class of pioneer professional lawyers and judges upon the Western
Reserve. There are scores of others whose names are worthy of at least men-
tion : George Tod was one of the early judges of the Supreme Court from this
portion of the State of Ohio. Honorable Reuben Wood, although serving at a
somewhat later date, was also a pioneer judge of the Supreme Court, and also
filled the gubernatorial chair — a strong and conspicuous minister of justice and
statesman. Judge Calvin Pease was also a member of the Supreme Court,
from the State of Ohio, under the old Constitution. All these men seemed to
be possessed of such qualities of original force and wise foresight as to render
their lives and services indispensable in planting judicial institutions, and
engendering a love for law and order during the formative period of life and
settlement upon the Connecticut Western Reserve.

THE UNITED STATES CIRCUIT COURT

OF APPEALS FOR THE
SIXTH DISTRICT.

BY JUDGE WILLIAM H. TAFT.

The task of writing the history and relating the traditions of a court
only six years old would seem not to be a heavy one. The Federal Circuit
Courts of Appeals historically are now much more interesting in their period
of gestation than in their life since birth. The time which it took to create
them, after their conception by those interested in reforming the administra-
tion of justice, was considerably greater than that which has elapsed since the
passage of the act of March 3, 1891, which gave them being. The united and
long continued efforts by the Bar and the Bench of the country to rouse Con-
gress to the necessity for creating them measure the conservatism which has
always characterized that body in its attitude toward the Federal judicial
system. When comparison is instituted between the legislation of Congress
on that subject since 1800 and the legislation of the British Parliament with
reference to the English courts during the same time, it will be found that
Congress has been much less disposed to change than its English prototype.
This difference, of course, is not wholly due to greater conservatism on the sub-
ject. The English system, hoar}^ with the age of half a dozen centuries, Avas
more in need of reform than that system which in 1789 sprang full armed
from the brain of Oliver Ellsworth, and it needed many changes before it
approximated in simplicity the Federal system as at first established. Then,
too, the constitution of the English Parliament is much better adapted to law
reforms than that of the American Congress. The chief law officers of the
Crown are always members of the Government in the House of Commons and
exercise a controlling influence on legislation to be passed for the improvement
of courts, while in the House of Lords are usually half a dozen law Lords,
including the Lord Chancellor and the Lord Chief Justice, whose experience
admirably fits them to prepare and discuss such legislation and who have the
strongest motives for making the administration of justice efficient. In Con-
gress it usually happens that the judiciary committee of the Senate has upon
it some lawyers quite familiar with the practice and needs of the Federal
courts, but the same thing is not always true of the judiciary committee of
the House. The attorney-general may recommend improvements in the judi-
cial system to Congress, but this is very different from the power exercised by
his British brother, who may formulate and introduce a .bill, argue its merits
to the House and marshal in its support the vote of the majorit}^ party.

BENCH AND BAR OF OHIO.

"Whatever the cause of it, in the whole 109 years of the life of the Federal
judicial system there have only been three changes which have affected its
judicial framework, and one of these was completely repealed fourteen
months after its enactment. By the Judiciary Act of 1789 three courts
were provided for, the Supreme, Circuit and District Courts. It was
the intention of the founders of the system that the District Court,
which had but a limited jurisdiction, should be presided over by a single
district judge from whose decisions appeals could be taken to the Circuit
Court, and that the Circuit Court, in which was vested the widest original juris-
diction, should be held by two judges, the supreme justice and the district judge
sitting together. Provision was made for the holding of the Circuit Court by
either judge, but this was evidently intended to be the exception. On Febru-
ary 13, 1801, Congress passed " an act to provide for the more convenient organ-
ization of the courts of the United States." The act divided the country into
six circuits, the first three of which were exactly the same as to-day, and the
sixth of which included all of the present Sixth Circuit except Michigan, which
was then a part of the Northwest Territory. The main change in the act was
the provision for three circuit judges in each circuit who were to hold the
Circuit Court in each district, and two of whom could form a quorum. Even in
those days the Sixth Circuit seemed not to have received its share of the judi-
cial force of the country, for the law only provided for the appointment of one
circuit judge in that circuit, and vested the district judges of the circuit with
power to act as circuit judges. It was this law under which the "midnight
judges" were appointed by President Adams, and which roused so much crit-
icism among the members of the old Republican party. The result was that
on March 8, 1802, President Jefferson approved an act repealing the law of
1801 in toto and restoring in every respect the judiciary act of 1789. The
question of the power of Congress to abolish the office of a judge whose ten-
ure of office bv the Constitution was for life was not raised at that time, and
it remains still an open question unless the acquiescence in this act can be said
to have settled it. The reasoning in the recent decision of the Supreme Court
in the income tax cases would seem to deprive such acquiescence of conclusive
effect at least. From 1801 until 1869, no change was made in the Federal
judiciary. Possibly two or three judges were added to the Supreme Court,
and as new districts were organized, new district judges were appointed, but
the system still embraced only two grades of judges, supreme and district, and
their powers and duties remained practically the same. The jurisdictions of
the three courts were enlarged somewhat and the business very greatly
increased, but it had to be disposed of in the District and Circuit Courts by
then district judges with not a great deal of assistance from the supreme justices
on the circuit. In 1866 a bill was introduced in the Senate and reported from
the Judiciary Committee providing for the establishment of Federal Courts of
Appeals, but it passed neither House. In 1869, it had long been evident that
with the increase in the business of the Supreme Court, the work of the
supreme justices on the circuits must be nearly nominal and that the only way

BENCH AND BAR OF OHIO.

to facilitate business in the Circuit Court was to provide a judge to hold that
court, instead of continuing the anomaly of a court which was without its own
judge and was administered by judges of other courts. Congress was finally,
on the 10th of April, 1869, induced to take action and passed " an act to amend
the judicial system of the United States," which provided for the appointment
of a circuit judge in each of the then nine circuits and vested him with power
to hold the Circuit Court in each district of his circuit alone, or with the
circuit justice or with the district judge. The law also contained a provision
(now more honored in the breach than the observance), that each of the
supreme justices should attend at least one term in two years in each of the
districts of the circuit to whioh he might be assigned. The enactment of the
provision suggests, what was doubtless a fact, that even at that time the visits
of the circuit justices were quite like those of angels. And it is no wonder,
for the business of the Supreme Court had then increased so much that it
became a physical impossibility for a justice of the Supreme Court to visit each
district of his circuit in the short vacations of his own court. It is interesting
to compare the business of the Supreme Court of John Marshall's time and
that of the court between 1870 and 1890. From 1801 until 1810 the cases did
not number more than twenty-five a year. From 1826 to 1830 their number
was about fifty-eight a year. In 1850 the average number of cases dock-
eted a year was about seventy. After that the increase was such that in 1880
the number had increased to about 400 cases a year. Under the present
methods of business in the Supreme Court, each justice will average thirty
opinions a year. In the days of Marshall, fifteen opinions was a goodly
number for one judge. In 1819, the court disposed of thirty-three cases,
including the Dartmouth College case, McCulloch vs. Maryland, Sturges vs.
Crowninshield and Baptist Association vs. Hart's Ex'rs., and of the thirty-three,
Marshall announced the opinion in 12, Storey in 9, Johnson in 6, Washington
in 2, and Duvall and Livingston each in one. The increase in the business of
the Supreme Court had its effect and the court soon began to fall so far behind
its docket that a case could not be heard until three years after it was docketed.
It would seem that such a condition of affairs would have called for immedi-
ate action, but it was more than ten years after the matter was forcibly
brought to the attention of the National Legislature before any relief was
granted. Mr. Justice Davis resigned from the Supreme Bench to go into the
Senate in 1877, and early in his term he developed a plan for the relief of the
Supreme Court. In 1880 his bill was reported to the Senate by the Judiciary
Committee and passed that body, but it failed to pass the House. Judge
Davis's bill provided for an intermediate Court of Appeals in each circuit of
five judges, the quorum of the court to be four. The court, when full, was to
consist of the circuit justice, the existing circuit judge and two more circuit
judges to be appointed in each circuit, and one or two of the district judges to
be designated to sit in the court. This court was to have the power
of reviewing practically all cases heard in the District and Circuit Courts.
Judgments of the intermediate court were to be reviewed in the Supreme

BENCH AND BAR OF OHIO.

Court in all cases involving more than $10,000 exclusive of costs, all
cases involving constitutional questions and in all patent and copyright
cases. It is not too much to say that it was the presence of Judge
Davis in the Senate and his prestige as a member of the Supreme Court of
long experience which led to the final adoption of a plan something like his
for the relief of the Supreme Court. It ought to be added that the public
attention was attracted to the growing evils and the best plan to remedy them
by an article from the pen of Mr. Justice Strong, then recently retired from the
Supreme Court, in which he depicted in strong words the denial of justice in that
court due to inevitable delay, and set forth in a most convincing way the advan-
tage of the general plan embodied in Judge Davis's bill. The fact that the Court
of Appeals system owes its adoption as much to these two justices as to any
one, justifies the remark already made that the presence of the great judges
of England in the House of Lords is of the greatest assistance in bringing
about law reforms. Soon after Judge Davis's bill was introduced and discussed,
other bills having the same ultimate object of relieving the Supreme Court,
but drawn on very different lines, were introduced in Congress. These bills
proposed a division of the Supreme Court into three parts, for the purpose of
hearing and disposing of all cases but those cases involving the Constitution or
laws of the United States, which were still to be submitted to the whole court
in banc. In 1881, the matter came before the annual meeting of the
American Bar Association, and a committee of leading lawyers was appointed
to make a report on the best plan for the relief of the Supreme Court. At
the next year's meeting of the association, in 1882, the committee submitted a
majority and a minority report, and a very full discussion followed before the
association. The majority of the committee included Governor Stevenson of
Kentucky, Henry Hitchcock of Missouri, and Eufus King of Ohio. Mr.
Hitchcock acted as their spokesman. They favored a plan like that proposed
in the Davis bill, to wit : The establishment of intermediate courts of appeal
for each circuit, in which all judgments of the courts of original instance could
be reviewed and a limitation in amount involved, and in subject matter upon
those cases which could be carried for review to the Supreme Court from the
courts of appeal. The majority contended that this was the only feasible plan
for the relief sought ; that it provided for a review in every case, and yet
reduced the cases to be considered by the Supreme Court to those of sufficient
variety and importance to retain for that court its all-important function of
maintaining uniformity in the administration of Federal justice throughout
the country, and of furnishing to the country and the world decisions of high-
est authority on questions of general jurisprudence. The majority of the
committee objected seriously to the division of the Supreme Court into
parts for hearing and deciding causes, on the ground that such an
arrangement would be a violation of the constitutional mandate to Congress
that " there shall be one Supreme Court," and that it would be quite
as productive of dissatisfaction among unsuccessful litigants denied access
to the full court as a system which made judgments of an intermediate

BENCH AND BAR OF OHIO.

appellate tribunal final. The minority of the committee included E. J.
Phelps and William M. Evarts. They expressed the confident opinion that
the constitutional objection to the division of the Supreme Court into parts for
all hearings but those in constitutional cases had no weight. They argued
strenuously that to entrust to nine different Courts of Appeal final decisions in
all cases involving less than $10,000 was to make the Supreme Court the court
for corporations and the wealthy, and the Appellate Courts the last resort of
the poor man, and was to deny to the latter the benefit of the ability, legal
learning and absence of local prejudice which so distinguished the Supreme
Court. They expressed grave doubt whether the ability and learning and
professional standing of those circuit judges who would sit constantly as mem-
bers of the Courts of Appeals would be such as to command the greatest
respect, and felt much apprehension lest such local Courts of Appeal might be
swayed by local prejudice in a manner which it was the very object of the
founders of the Constitution in providing for a Federal judicial system to
avoid. The minority seemed also, to be much impressed with the additional
expense involved in the appointment of eighteen new circuit judges required
by the Davis bill as a serious objection to its enactment. The association
adopted the majority report by a vote of thirty-nine to twenty-seven, and
from 1883 until 1891, when the Court of Appeals act was passed, had a stand-
ing committee charged with the duty of bringing before each Congress the
necessity for the passage of the Davis bill or a similar measure. In 1885,
Howell E. Jackson, then a senator in Congress from Tennessee, introduced a
bill for the amendment of the Federal judicial S3 T stem which, actual experi-
ence has demonstrated, was in its main features the best solution of the
difficulties present in the system as it then existed. It provided for the
appointment of two additional circuit judges in each circuit, established a
Court of Appeals, to consist of the three circuit judges, and abolished the Cir-
cuit Courts, transferring all their jurisdiction and pending business to the
existing District Courts. It limited the reviewing power of the Supreme
Court as much as did the Davis bill. Before the bill could be passed, its
author was appointed to be the United States circuit judge for the Sixth Cir-
cuit. In 1887 Congress passed a judiciary act which did not change the judi-
cial system, but which very much cut down the business of the Federal courts
by increasing from $500 to $2,000 the minimum limit of the amount
which must be involved in a controversy before it can become subject to the
Federal judicial jurisdiction. The real necessity for such a change was not
apparent, and as no case could be taken to the Supreme Court unless it involved
$5,000, the aid which the change afforded to that court was not percepti-
ble. It only cut off from the inferior Federal courts jurisdiction of cases
which could not under existing laws be carried to the Supreme Court in any
event. The Congress w T hich met for the first time in December, 1889, took up
the judiciary problem in earnest, and during the session of 1889-90 the House
of Representatives passed what is called the Rogers bill. It was introduced
by Mr. Rogers of Arkansas, a Democratic member of the Judiciary Commit-

BENCH AND BAR OP OHIO.

tee. Mr. Ezra Taylor of Ohio, the chairman of the Judiciary Committee, was
understood to have assisted the gentleman whose name the bill bore, in its
preparation. The bill was framed on very much the same lines as the Jack-
son bill. It established the intermediate Appellate Court in each circuit, to
consist of the existing circuit judge and two other circuit judges to be
appointed ; it abolished the existing Circuit Courts and transferred their
jurisdiction and pending business to the District Courts. It provided for a
review of every case in the new District Court by the new Court of Appeal.
It made the decision of the Courts of Appeal, final in all cases jurisdiction
of which depended on diversity of citizenship, in all patent and admiralty cases
and in revenue and criminal cases. It provided for a direct review by the
Supreme Court of all cases involving the construction of the Constitution and
treaties of the United States and in all questions of the jurisdiction of the
District Court. It contained an important provision transferring all the busi-
ness of the Supreme Court then undisposed of, and which by this act came
within the final jurisdiction of the Courts of Appeal, to the docket of the latter
courts. When the bill reached the Senate, it was referred to the Judiciary
Committee, at the head of which was Mr. Edmunds, who was not very friendly
to the general plan and much preferred a division of the Supreme Court into
parts. Mr. Evarts was also a member of the Judiciary Committee and to a
sub-committee of which he was chairman was referred the House bill for con-
sideration. It will be remembered that Mr. Evarts had signed the minority
report of the special committee of the American Bar Association which
opposed intermediate Courts of Appeal and favored a division of the Supreme
Court. The substitute for the House bill which Mr. Evarts reported from the
Judiciary Committee to the Senate, however, did not depart from the general
plan of the House bill, but the changes which it made were all for the worse,
as the sequel has shown. It provided for only one additional circuit judge in
each circuit, instead of two, and it made the Court of Appeals to consist of the
circuit justice and the two circuit judges, and in the absence or disability of
either a district judge was to be designated to sit. It did not transfer the
heavy Supreme Court docket of nearly 1,400 cases to the Courts of Appeal,
but left that to be removed by the Supreme Court, so that an interval of seven
years was required to elapse before the condition of business in the Supreme
Court should be as the bill intended it to be.

This latter change has continued the burden upon the Supreme Court,
so that the justices have been unable to give more than a few days in each
year to the business of the Courts of Appeals, and has made it necessary to
call into those courts different district judges, and to change the personnel of
those courts at every session. By another change the absurdity of a Circuit
Court and a District Court with distinct organizations in each district has been
maintained. By an amendment in the Senate the direct appellate jurisdiction
of the Supreme Court was extended to every criminal case involving a possi-
ble imprisonment for more than a year, and thus the Supreme Court has come
to be a court of crown cases reserved. Action in the Senate upon the Evarts bill

BENCH AND BAR OF OHIO.

was so long delayed that it became manifest after it passed the Senate and
went into conference that unless the House took the bill exactly as it passed
the Senate, the bill must fail. But for such an unfortunate condition of affairs
the House would certainly have succeeded in modifying some of what may be
called the uselessly conservative changes in the bill. As it was, the vote by
which the bill passed the House came very near disclosing the lack of a
quorum. The Democratic party in the House attempted by filibustering to
defeat the bill, but there were enough members of that party, including Mr.
.Rogers of Arkansas, and Judge Culberson of Texas, to rise above petty party
considerations to vote on the question and for a bill, the public necessity for
which was a crving one. President Harrison recognized the fact that the bill
owed its passage to Democratic support by making two of the nine appoint-
ments made necessary by the act from the Democratic party. This is the first
instance in the history of the country of a President's crossing party lines to
make his judicial appointments.

It was not the last ; for the same president appointed Judge Jackson to
the Supreme Bench. It is to be hoped that his example may often be followed.

It is not too much to say that most of the changes from the Eogers bill
contained in the Evarts bill were the result of that conservative spirit seen so
frequently in English reforms, which finds great comfort in maintaining the
old forms while the substance is entirely changed. The admission contained
in the bill that the Supreme Court needed relief, and the postponement of it
for six years by refusing to transfer the congested docket to the Courts of
Appeals, was a grudging mode of conferring a benefit and enacting a reform of
which many counterparts can be found in English history. The only reason
that ever could have been given for the separate maintenance of the Circuit
and District Courts established by the Judiciary act of 1789, was that it was
necessary to have an intermediate court to review cases within the exclusive
jurisdiction of the District Court, and yet by the Evarts bill all appellate juris-
diction of the Circuit Court was abolished. The clumsiness and the expense
of having two such courts with separate court organizations would seem plain
enough to any one, while not a single advantage of such a system can be sug-
gested. The reluctance of the Senate, while establishing a new court, to pro-
vide judges enough for it, is an instance of that penny wise and pound foolish
policy that is sometimes also called conservative. Changes which experience
shows to be necessary are being gradually made in the act, and each amend-
ment tends toward the original plan of the Eogers bill. In each of four of the
circuits, the 2nd, 7th, 8th and 9th, there are now three circuit judges who hold
the Court of Appeals. Bills to increase the number in the other circuits have
been recommended by the President and the attorney-general, and have
passed the Senate. It is reasonably certain that in the next decade there will
be three circuit judges in each circuit to hold the Court of Appeals, as there
ought to be. Bills have been introduced to abolish the Circuit Courts and to
give all their jurisdiction to the District Courts, and if the views of the present
chairman of the Senate Judiciary Committee, Senator Hoar, are a.uy indication,

BENCH AND BAR OF OHIO.

such a bill is likely to pass. Another provision of the Court of Appeals act
which interfered with the main object of the act, to wit, the furnishing of a
quick and inexpensive review of cases from the Circuit and District Courts, was
that which required the costs in the Courts of Appeals to be the same as those
of the Supreme Court. The costs of the latter court were fixed by the court
itself at a time when the court was naturally anxious to discourage the
increase of business, and were quite heavy.

An act has been recently passed which enables Courts of Appeals to fix
their own costs at not exceeding the Supreme Court costs. This will much
reduce the expense of the litigant in the Courts of Appeals. The clause of the
Court of Appeals act which made the Supreme Court a court of criminal
appeals has now been amended so that only capital cases go to that court, and
the great body of criminal appeals will now go to the Court of Appeals, where
they can be quickly disposed of.

The main object of a great tribunal of last resort like that of the Supreme
Court of the United States is not to give every litigant a chance to have his
cause reheard before it. It is to declare in an authoritative way what the law
is in cases of a number, variety and importance sufficiently great to cover in a
general way the whole field of Federal and general jurisprudence. The indi-
vidual litigant is quite sufficiently provided for when he has the absolute right
to have two impartial courts pass on his case, one in the first instance and the
other by way of review. It follows that the only motive the law-maker should
have in defining cases which may be appealed to the Supreme Court should be
a desire to secure a decision by that court of cases the judgments in which are
likely to add something either to the science of jurisprudence and public law
or to the certainty in the construction of our Constitution. With the exception
of that for appeals in criminal cases, the provisions of the Court of Appeals
act in dividing the appellate jurisdiction between the Supreme Court and the
Courts of Appeals are admirably adapted to make the Courts of Appeals the
courts where reviews are given to prevent individual hardships from judicial
errors, and the Supreme Court the tribunal for declaring the law and keeping
it uniform for the benefit of the Nation and all the people. There is no money
limit to the jurisdiction of the Supreme Court except in a single unimportant
instance. It has absolute jurisdiction in constitutional cases, which all will
concede should be considered by it, and in cases of jurisdiction which, because
they mark the line between the Federal and State judicial power, should cer-
tainly be committed ultimately to the decision of the supreme tribunal of the
Nation. Cases involving the construction of treaties are of such public moment
that no doubt can exist of the wisdom of committing them to the decision of
the Supreme C©urt in every instance. In substantially all other cases of Fed-
eral jurisdiction, the Supreme Court may get jurisdiction in one of two ways ;
first, by certificate of the Court of Appeals, second, by certiorari by the
Supreme Court. In this way every case which is so important and so doubt-
ful that the Court of Appeals finds it difficult to reach a satisfactory conclu-
sion, and every case which the Court of Appeals does not find doubtful but

BENCH AND BAR OF OHIO.

the Supreme Court regards as belonging to that class of cases in which it would
be well to settle the law more clearly, will reach the Supreme Court, and that
court will remain, as it has always been, one of the world's great authorities
on commercial and general jurisprudence. By these features, the most serious
objection to giving Courts al" Appeal final jurisdiction in all cases save those
involving jurisdiction, the Constitution and foreign treaties, is removed. It is
a favorite argument of those who urge that there should be a review by the
Supreme Court of all felony cases that one ought to have the same right to carry
to the highest court questions involving his life and liberty as those involv-
ing money or property. The answer to this, so far as it concerns the present
Courts of Appeals act, is that the act gives no opportunity as of right to carry
questions concerning money or property to the Supreme Court, except as the
Appellate Court or the Supreme Court may deem them unsettled and of gen-
eral public importance, and the same thing is true of those criminal cases of
which the Court of Appeals has final jurisdiction. On the other hand, before
the recent amendment every felony case could be carried as of right to the
Supreme Court, and now under the act as amended every capital case can be.
Such a provision is imposing a burden on the Supreme Court merely for the
purpose of giving another chance to the defeated defendant, and not to sub-
serve the proper purpose of such a court to declare authoritatively what the
law is on questions of general importance. Because the life or liberty of one
charged with crime may be at stake in a cause, it by no means follows that
questions upon which the correctness of the trial court's ruling turns are either
doubtful or of general importance. One jury trial and one review before three
judges of experience and impartiality are all that any practical and useful
code of criminal procedure should allow. The opportunities afforded, by over-
nice and over-technical judges and by emotionally weak legislatures, to hard-
ened criminals to delay the execution of the law upon their crimes have brought
the administration of the criminal law in this country into just reproach and
should be eliminated as far as possible from Federal legislation.

So hasty were the final steps in making the Evarts bill a law, and so
necessary did it become not to risk defeat by the delay of amendment, that
as it was passed on the 3rd of March, 1891, it provided for the organization of
the new Courts of Appeal in the preceding January. It was necessary to
avoid several mistakes of this character by a joint resolution, which fixed the
1st day of July, 1891, as the day for the organization of the court and the day
after which appeals and writs of error from the Circuit and District Courts
should be taken to the Courts of Appeal under the act. In spite of the
defects in it, the Court of Appeals act has worked well. The Supreme Court
has been much relieved. The docket of that court is becoming less burdened
each year, and it is already certain that in less than two years, the cases
docketed each year will not be too many for the court to dispose of in the
same year. Nor is there any ground for fear that the Supreme Court will run
out of work, or that it will lose its importance as the highest tribunal for
declaring what the law is in all its branches. The judicious use of the writ of

BENCH AND BAR OF OHIO.

certiorari, as already explained, will prevent this. Of course litigants and
lawyers defeated in the Courts of Appeal are prone to complain of the defi-
ciencies of the Courts of Appeal, and continue to storm the Supreme Court
with their grievances rehearsed in motions for certiorari, but that court, follow-
ing truly the spirit of those who framed and passed the Court of Appeals act, has
refused to hearken to such complaints except in cases in which the principles
involved are such that it will serve the public interest to have them stated and
expounded by the tribunal of highest authority. In most of the circuits it
has become possible, provided counsel wish it and take steps to secure such a
result, to have a cause begun in the court of first instance and concluded by
a judgment in the Court of Appeals, all in the period of one year. Greater
expedition than this in the settlement of important controversies is hardly
consistent with careful preparation by counsel [and due consideration of the
interests involved by the courts. It may be said confidently that the system
inaugurated by the Court of Appeals act is the only satisfactory solution of
the difficulties which had become so formidable before its passage.

And now as to the Circuit Court of Appeals for the Sixth Circuit, which
it is the especial object of this article to discuss. The Sixth Circuit embraces
the four great States of Michigan, Ohio, Kentucky and Tennessee. It reaches
from Lake Superior to Lookout Mountain and embraces within its jurisdiction
nearly all the differing types of American manhood. Its population is great,
and its commercial, farming, manufacturing and mining interests are enormous.
Though rich in itself, much of the wealth of the Eastern States is invested
within its borders, and this circumstance leads to litigation of great magnitude
in its Federal courts by reason of their jurisdiction over controversies between
citizens of different States. With its extensive shore line on four of the great
lakes, the maritime interests within its jurisdiction are very heavy and the
admiralty business of its courts is second in importance only to that of the
Second or New York Circuit. The manufacturing done in Ohio and Michigan
leads to much patent litigation in those States, while the large production of
whisky, legal and illicit, and the immense growth and manufacture of tobacco
in Kentucky and Tennessee, bring many Federal revenue cases, civil and crim-
inal, into the Federal tribunals of those States. As all cases in the Federal
courts of first instance may be reviewed in the Circuit Court of Appeals, it is
easy to see why it is that the docket of that court for the Sixth Circuit is
considerably heavier than that of any other circuit except the Second or New
York Circuit, and the Eighth or St. Louis Circuit.

The Circuit Court of Appeals for the Sixth Circuit was organized at Cin-
cinnati on July 1, 1891, in accordance with law. The judges in attendance
were Mr. Justice Henry B. Brown, of the Supreme. Court, Circuit Judge Jack-
son, and Judge Sage, district judge for the Southern District of Ohio. Walter
S. Harsha, of Detroit, was appointed clerk and Thomas Claiborne, of Ten-
nessee, was appointed marshal of the court. In October, 1891, the court,
similarly constituted, met and heard some five cases. In January, 1892, in the
necessary absence of Mr. Justice Brown, Judge Swan, the district judge for

BENCH AND BAR OF OHIO.

the Eastern District of Michigan, was called in and the court was then made
up of Judges Jackson, Sage and Swan. In March, 1892, President Harrison's
appointments to the new circuit judgeships were confirmed, and William H.
Taft, resigning his office as solicitor-general of the United States, became the
additional and junior circuit judge for the Sixth Circuit. The Court of Appeals
met in June, 1892, with Mr. Justice Brown presiding and Judges Jackson and
Taft in attendance. Thereafter, the sessions of the court, because of the
increase of business, were lengthened so much that the circuit justice was able
to be present at comparatively few of the sittings, and the permanent court
came to be made up of the two circuit judges and such one of the seven district
judges of the circuit as could absent himself from the court work of his own
district.

By designation, Judge Ricks of the Northern District of Ohio, and Judge
Key of the Middle and Eastern District of Tennessee, have sat as members of
the court for one session and in emergencies. In March, 1893, Judge Jack-
son was appointed and confirmed a justice of the Supreme Court, and Judge
Horace H. Lurton, till then Chief Justice of the Supreme Court of Tennessee,
was appointed by President Cleveland to succeed him. Since Judge Lurton's
appointment, it has been the custom to designate a district judge for a year
to sit in the Court of Appeals. Under such a designation, Judge Severens of
the Western District of Michigan sat for one year, Judge Hammond of the
Western District of Tennessee for another, Judge Sage for a third year, and
Judge Clark, the successor of Judge Key, is about beginning a year's work in
the court. Judge Severens has done much more work in the Court of
Appeals than any other judge except the circuit judges, by reason of having
supplied the place of other judges disqualified. After Justice Jackson was
upon the Supreme Bench for a year he was assigned to the Sixth Circuit, and
Mr. Justice Brown went to the Second Circuit, but owing to his bad health,
Mr. Justice Jackson never presided as circuit justice in the Circuit Court of
Appeals for the Sixth Circuit, save in one case heard at Nashville. Upon his
death in the summer of 1896, Mr. Justice Harlan was assigned to the Sixth
Circuit, and still is the circuit justice and presiding officer of the Court
of Appeals of that circuit. The dependence of the Court of Appeals upon
justices and judges owing their first allegiance to other courts has much
interfered with the smooth working of the system. No court can preserve a
satisfactory uniformity in its decisions when its personnel is constantly chang-
ing, and while the two circuit judges are present in nine-tenths of the cases
heard, the variation in one-third of the court is a detriment. More than this,
the circuit judges can not fairly invite a district judge to aid them in
the Court of Appeals without rendering assistance to him in his circuit court
work, and each of them is thus obliged to devote to circuit work time really
owing to cases on appeal. Several earnest efforts have been made to secure
legislation providing a third circuit judge in this circuit, and though they
have thus far failed, there is good reason to believe that this relief will
be given at an early day.

BENCH AND BAR OF OHIO.

The court meets at Cincinnati, where it has a very fine court room and
commodious quarters for its judges. Its law library is larger and more con-
veniently housed than that of any other Circuit Court of Appeals. For one
year the court held one of its three sessions in each State of the circuit, merely
to acquaint the Bar of each State with the court, but its home is and is always
likely to be in Cincinnati.

The court, in its five years of active business, has had before it many
cases of great pecuniary magnitude and its members have had to devote much
labor to keeping its docket clear. The official reporter has published six vol-
umes of the court's decisions down to July, 1896, and there is material enough
for another volume in the decisions rendered between that date and October
1, 1897. The six volumes are the 6th, 16th, 22nd, 31st, 37th and 43rd of the
United States Appeals Reports.

Of the standing of the court among its brother Courts of Appeals, and
with the Bar of the circuit and the country, it is too soon to speak. It takes
much longer than a decade before the calm and unbiased judgment of a court's
virtues and shortcomings can be had. Of the professional fitness and the
personal characteristics of its individual members now living, the writer of
this article cannot with propriety say anything.

The court and the country suffered a great loss in the death of Mr. Jus-
tice Jackson. He was a great judge, and as a man and a colleague was one
with whom intimate association was most delightful. He took much pleasure
in the working out of the new system which he had foreshadowed so clearly
in the bill he had introduced in the Senate when he represented Tennessee in
that body. It is not too much to say that his reputation as a jurist gave the
Sixth Circuit Court of Appeals a standing at the outset, because it was known
that as senior circuit judge he would be a permanent member of the court.

One effect of the establishment of the Circuit Court of Appeals has been
to form a Bar of the Sixth Circuit. While its members have thus far taken
united action only on funeral and festal occasions, the esprit du corps there mani-
fested indicates that should need arise, the Sixth Circuit Bar can be relied on
to throw a powerful professional influence in favor of legal reform. In high
tone, in legal learning, in forceful argument, in brilliancy of forensic oratory,
in real aid to the court, this Bar is second to none in the country.

OHIO IN THE FEDERAL COURTS.

THE UNITED STATES SUPREME COURT.

The Supreme Court of the United States, organized in 1789 under the
Constitution of 1787, has always maintained a high standard of respectability.
Originally the court was composed of six justices, but in 1863 Congress made
provision for an additional member to meet the exigencies on the Pacific coast,
which had been populated by Americans after the war with Mexico and the
extraordinary gold discoveries. Land titles were complicated by Spanish and
Mexican grants, the rights of settlers and the claims of miners. It was deemed
expedient to have a member of the court familiar with these complications,
and accordingly Stephen J. Field, who had been Chief Justice of the Supreme
Court of California, was appointed. It is worthy of record here that his resig-
nation was tendered in April, 1897, to take effect December 1st, and his period
of service has been longer than that of any other justice. In 1869 two addi-
tional members of the Supreme Court were provided for and appointed in order
to secure an opinion of a majority of the judges affirming the constitutionality
of the Legal Tender Act. During the one hundred and eight years of its
existence the court has had but eight Chief Justices and fifty-one Associate
Justices chosen from twenty-one States. Ohio enjoys the unique distinction of
being twice honored by the selection of her eminent jurists to fill the office of
Chief Justice. A brief general reference is appropriate in this connection.
During the eight years of his administration Washington appointed three
Chief Justices — John Jay, of New York, in 1789 : John Putledge, of South
Carolina, in 1795 ; Oliver Ellsworth, of Connecticut, in 1796. John Adams
appointed one — John Marshall, of Virginia, who served thirty-four years and
achieved imperishable fame. Andrew Jackson appointed Roger Brooke Taney,
of Maryland, who, although a good lawyer and a great jurist, is known chiefly
in history for his extra-judicial opinion in the case of Dred Scott. Justice
Taney served twenty-eight years. Lincoln appointed Salmon Portland Chase,
of Ohio ; and Grant appointed Morrison P. Waite, of Ohio ; Cleveland
appointed Melville W. Fuller, of Illinois. The State of Ohio has had repre-
sentation on the Bench of the Supreme Court eighty-two years. No other
State has a record equal to this except New York, which has already had a
representation in the court for eighty-five years, with Justice Peck still on the
Bench. Massachusetts has had a member of the court for seventj^-eight years,
with Justice Gray still serving. Pennsylvania has had representation sixty-
three years, and Justice Shiras now in service. Twenty-nine Justices of the
Supreme Court have died in office and fourteen have resigned. Ohio has had

■ 24

BENCH AND BAR OF OHIO.

three Associate Justices of the Supreme Court, besides Edwin M. Stanton,
who was nominated by President Grant and confirmed by the Senate, but
died before taking his seat on the Bench. When it is remembered that Ohio
became a State of the Union thirteen years after the Supreme Court of the
United States was established, her relative share in the honors of that tribunal
is the more remarkable. It certainly is a high compliment to the ability and
character of her jurists.

John McLean was the first Ohio representative on the Bench of the
Supreme Court of the United States, and he brought to the position great
ability, broad learning and varied experience. He was a native of 'New
Jersey, born in Morris county, March 1, 1785. He was really born into poverty,
and the inhospitable conditions of his environment gave no promise of future
greatness. His father, a poor, hard-working farmer, who was not anchored to
any particular locality, changed his residence three times before the boy was a
dozen years old. First, the family removed to Virginia, thence to Kentucky
and thence to Ohio. Near the close of the century they settled, with some
assurance of permanence, on the rich lands of Warren county, where John
became familiar with toil and by the fire-light read such books as he could
borrow. He w T as ambitious and resolute. His expanding mind refused to be
satisfied with the rewards of the work of his hands. He craved better oppor-
tunities for mental growth than the frontier farm afforded and was permitted
to leave the home of his parents in 1803, to seek his own fortune. Prior to
that time he had the advantage of two years' study under a private tutor, pay-
ing his own expenses meanwhile by such work as he could find. At the age
of eighteen he located in Cincinnati and found employment as copyist and
writer in the office of the clerk of the court. He took up the study of the
law meanwhile, improving all of his time in reading which was not emplo3 7 ed
at clerical work. His preceptor was Arthur St. Clair, son of the governor of
Northwest Territory. He also availed himself of the Lyceum, in which he
acquired the art of ready speaking and became strong in controversial discus-
sion. His qualifications for practice were unusual for a young man of twenty-
two, upon his admission to the Bar in 1807. His sholarship, obtained by the
hardest, most patient work, was classical ; his mind was strong and flexible ;
he was independent as to habits of thought and original as to method. His
success was almost immediate and his growth rapid. Within five years he had
gained a reputation at the Bar amongst the foremost practitioners of Ohio, and
then his public career opened. He was elected to Congress as a Democrat in
October, 1812, and re-elected in 1814:. He had no opposition in the second
race and enjoyed the unique compliment of receiving the vote of every elector
in the district who voted on that day. For one so young he exercised great
influence as a member of the House and served on the most important com-
mittees. He introduced and secured the passage of a bill providing for the
payment of private citizens for property seized and appropriated to the public
service. He had the courage to decline a candidacy for the United States
Senate in 1815, when the election was reasonably assured. In 1816 he was

BENCH AND BAR OF OHIO.

elected judge of the Supreme Court of Ohio, and served six years. In 1823
he was appointed commissioner of the land office by President Monroe, and
discharged the duties with such efficiency and intelligence as to hold the posi-
tion during the Whig administration of John Quincy Adams. Although a
strong Democrat, he did not endorse the views of Andrew Jackson regarding
public office as the "spoils" of partisan victors, and declined to accept at the
hands of Jackson both the war and naval porfolios which were tendered him.
In the same year, however, (1829) he was nominated for associate justice of
the United States Supreme Court, and the nomination was promptly confirmed
by the Senate. His service on the Supreme Bench continued until his death,
December 4, 1861, and he exhibited admirable judicial qualities. Among the
noteworthy opinions which he wrote was the one in which he dissented from
the views expressed by Chief Justice Taney in the historic Dred Scott case.
Judge McLean, always benevolent in disposition and charitable in views and
action, had become a Free-soiler in 1848, and joined the Republican party
upon its organization in 1856. He was a man of strong character, inflexible
will, and therefore opinionated. When his opinion was formed and the judg-
ment expressed, it was unalterable. It is proper to add, he was conscientious
and thorough. He won the regard of all who came into contact with him bv
the very nobility of his presence, the benignant expression of his countenance
and the graciousness of his manners. On the Bench he was the incarnation of
dignity, wisdom and erudition. He left one son, Nathaniel C. McLean, a suc-
cessful lawyer and colonel of the Seventy-fifth Ohio Regiment in the war of the
Rebellion.

Noah Haynes Swayne was one of the most distinguished jurists that
Ohio has given to the nation. He was born in Culpepper county, Virginia,
December 7, 1804, the youngest of five sons of Joshua Swayne, a prosperous
and influential farmer, and a member of the Society of Friends. The family
were Pennsylvanians, Francis Swayne, the earliest American progenitor,
having come over with William Penn, and settled on a farm near Philadel-
phia, which is still in the possession of his descendants. Joshua Swayne died
in 1808, having, some two years previously, removed to Jefferson county,
Virginia, and his widow, a woman of remarkable vigor of mind and excellence
of character, carefully conducted the training and education of her sons. After
being kept at school in the neighborhood until he was thirteen years old, Noah
was sent to the academy of Jacob Mendenhall, at Waterford, in Loudon
county, then in high repute with the Society of Friends. Two years after-
wards he was placed with Dr. George A. Thornton, a prominent physician at
Alexandria, Virginia, who conducted the business of an apothecary in connec-
tion with his practice. It was intended that the studies begun here should be
continued in a Philadelphia hospital, but the death of Dr. Thornton caused a
change of plan, and fixed the mind of the student on the study of law as that
of his choice. A collegiate education being regarded necessary in view of
this change, he attended school at Alexandria, where he pursued his studies
with great earnestness until thoroughly prepared for college, when his

BENCH AND BAR OP OHIO.

guardian found himself without the funds to send the boy through a four
years' course. Ambitious and undaunted, Noah decided to enter at once the
law office of Scott & Brooks at Warrenton, finding there, as a fellow student,
Henry S. Foote, afterward governor of and senator from Mississippi. Admitted
to the Bar in 1823, the non-slaveholding example of his father corresponding
with his own views on the subject, he resolved to remove immediately to
Ohio. The entire journey, as was the fashion of those days, was travelled on
horseback. After passing at Zanesville the year of preliminary residence,
at that time required by law before an attorney from another State could
engage in practice, he opened an office in 1825 at Coshocton. His success
was sudden, and during the year he was elected prosecuting attorney for
the county, and held the office until elected to the legislature in 1829.
In 1830 he was appointed United States attorney for the district of
Ohio, and removed to Columbus, where the United States Courts for the
State were then held. He declined later the office of presiding Common
Pleas judge for the circuit, an office to which two years later he was elected
by the legislature. In 1832 he married at Harper's Ferry, Virginia, Miss
Sarah Ann Wager of that place, and became by this marriage the owner of a
number of slaves, who, by the joint act of himself and wife, were immediately
manumitted. The years following until his elevation to the Supreme Bench,
were devoted to his practice, and, after holding the office of district attorney
nine years, he resigned. In 1837, with Alfred Kelly and Gustavus Swan as
his associates, he was appointed by the legislature a commissioner to take
charge of the State debt. Those commissioners faithfully applied themselves
to their difficult task, and in three years restored the State credit and supplied
the funds to complete the public works. Having in the most economical man-
ner completed the work assigned, they resigned, after refusing to accept any
compensation for their services. The controversy on the subject of the south-
ern boundary of Michigan having occasioned much public excitement, Judge
Swayne, with David T. Disney and William Allen, were sent by the governor
of Ohio to Washington, and effected there a peaceful solution of the contro-
versy. In 1810, Judge Swayne, Dr. William M. Awl and Dr. James Hoge
were by the legislature appointed to ascertain and report the number of blind
persons in the State, preparatory to erecting asylums for them. Their labors
resulted in the establishment of the admirable asylum of Ohio for the blind,
and also the asylums in Columbus for the deaf and dumb, and for lunatics and
imbeciles. Noah Swayne was the confidant and assistant of Governor William
Dennison and ably aided the governor in his preparation of levies of troops for
the field. A complete change took place in the political opinion of Mr. Swayne in
view of the war of secession, and he identified himself then and subsequently
with the supporters of the Federal government. One of the law cases in which
Judge Swayne achieved great celebrity was the trial of William Kissane and
others in the United States Circuit Court, in 1853, for burning the steamboat
Martha Washington to obtain the insurance. His opposing counsel in the
case was Henry Stanbery, afterwards attorney-general of the United States.

EENCH AND BAR OF OHIO.

Among other distinguished lawyers engaged in the case were Judge Walker
and Messrs. Ewing, Pugh and Pendleton. In 1839 Judge Swayne formed a
partnership with James L. Bates, of Columbus, which continued until 1852.
In 1853 Llewellyn Baber, a relation of Judge Swayne, succeeded Mr. Bates in
the partnership. This partnership was dissolved April 1, 1860. In May,
1S59, Judge Swayne appeared as co-counsel with Mr. Belden, United States
district attorney in the famous fugitive slave cases, being pitted against Attor-
ney-General Wolcott. The Sixth Circuit of the Supreme Court of the United
States, comprising at that time Ohio, Indiana, Michigan and Illinois, was pre-
sided over by the venerable Judge McLean, between whom and Judge Swayne
a warm personal friendship had existed for many years, and the wish the former
had often expressed that he might be succeeded by Judge Swayne was well
known to leading members of the Bar within the circuit. The appearance of
Judge Swayne before the Supreme Court at Washington about this time prob-
ably induced members of that court to favor the appointment, and, on the
unexpected death of Judge McLean, Judge Swayne was appointed by Presi-
dent Lincoln in February, 1862, a justice of the United States Supreme Court,
and he was unanimously confirmed by the Senate with expressions of general
approval. He held the position of associate justice until 1881, when he was
obliged, on account of advanced age, to resign. He died in New York City on
June 8, 1884, at the age of eighty. The degree of LL. D. was conferred on
him by Yale, Dartmouth and Marietta colleges. Judge Swayne had nine
children; four sons — General Wager Swayne, Henry Foote Swayne, Noah and
Frank Swayne; five daughters — Catherine, Rebecca, Virginia, Sallie and
Mrs. Edward Parsons. The four daughters first named died in childhood and
were buried in Green Lawn Cemetery, Columbus, Ohio.

Salmon Portland Chase was appointed Chief Justice by President Lin-
coln in 1864, to succeed the venerable Justice Tane}\ Judge Chase stood a
giant among men — physically, mentally, morally. He sprang from a union
of English Puritans with Scotch Covenanters, and inherited the firmness and
fortitude, the character and constancy which belonged to those sturdy reli-
gionists. He was born at Cornish, New Hampshire, January 13, 1808, eighth
of the eleven children of Ithamer Chase and Janette Ralston. His father, a
farmer of very moderate means, who died too early to have any part in his
rearing or education, belonged to a family of much prominence and distinc-
tion. One brother, Dudley Chase, was a senator of the United States for New
Llampshire; another, Philander Chase, was a distinguished bishop of the Prot-
estant Episcopal Church. Salmon was a very industrious youth, working hard
in season, during the day, and studying at times when boys more favored of
fortune slept. He became the protege of his uncle Philander, whom he accom-
panied to the West, when that dignitary was appointed Bishop of the Diocese
of Ohio. At Worthington he continued to work and at the same time con-
tinued his studies under safe and wise direction. When the uncle went to
Cincinnati as president of the college Salmon went with him, entered the col-
lege and pursued its course of study one year. He then returned East, entered

BENCH AND BAR OF OHIO.

the Junior class at Dartmouth, completed thecourse and was graduated in 1S26.
He paid his expenses by tutoring and work outside. On leaving college, when
little more than eighteen years of age, he went to "Washington, D. C, where
he engaged for a while in teaching a classical school. This was not an unqual-
ified success, except for the extremely fortunate circumstance of having for
his pupils the sons of some very distinguished Americans, among whom were
Henry Clay and William Wirt. The latter, famous both as an orator and a
lawyer, conceived a fancy for young Chase and induced him to take up the
study of law. For three years he studied under the direction of Mr. Wirt,
and then > 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

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.

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,

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.

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

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.

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

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

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.

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.

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

BENCH AND BAR OK Oil 10.

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

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,

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

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

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

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-

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.

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

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.

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

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.

■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

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.

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

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

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.

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

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.

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 —

BENCH AND BAR OF OHIO.

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.

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 &

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.

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

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.

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

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.

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;

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.

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

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.

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.

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

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

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.

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

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

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

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,

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.

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

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.

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

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."

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.

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

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.

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

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

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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

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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,

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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-

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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

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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

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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,

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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

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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,

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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

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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-

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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

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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.

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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

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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-

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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

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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

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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

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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

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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-

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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

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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

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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,

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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

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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 <fc Ewart, remaining with them for about three years, when,
in 1857, he was admitted to the Bar, at the age of twenty ; but did not imme-
diately commence the practice of his profession. About this time his father
and family removed to Logansport, Indiana, where they remained for four
years, when they returned to Connecticut, where Mr. Loomis re-embarked in
the manufacturing business. He is still living, at the age of eighty-two, at
Little Eock, Arkansas. In 1858 William entered into partnership at Marietta
with Mr. Thomas W. Ewart, continuing in this relation until 1859. After the
dissolution of this partnership he spent six months with his father's family at
Logansport, returning to Marietta in 1860 and entered into a partnership with
Mr. Melvin Clark, which continued until the death of Mr. Clark, who was
killed while in command of his regiment at the battle of Antietam. He
remained in practice for one year alone at Marietta, when he associated him-
self with Judge Nash, of Gallipolis, one of the most distinguished lawyers at
the Southern Ohio Bar. The firm thus formed continued in business until
1865, when it was dissolved. Two months later Mr. Loomis entered into part-
nership with Samuel S. Knowles, of Washington county, an arrangement that
was continued until he was, in 1868, elected judge of the Common Pleas Court
of the Third Subdivision in the Seventh Judicial District of Ohio, embracing
four counties, but he held court as circuit judge all over the district. He
retired from the Bench in 1873, and has been ever since engaged in the prac-
tice of his profession. Judge Loomis has the reputation of being one of the
most careful and painstaking attorneys in preparing his cases for trial in the
district. In presenting his cases he depends more upon their merits to win
than he does in pyrotechnical oratory. His standing as a lawyer and a citizen
is best represented by the language of his colleagues in the profession. Said a
prominent attorney :

"I think the general estimate among his associates and those who have
practiced before him as a judge, or associated with him or on the opposite side
in the trial of cases, that he is just and fair to all parties interested and pos-
sesses in an eminent degree a judicial mind. He is very studious and thought-
ful, and possibly a little slow in his methods; but the lawyer or client who has
obtained his opinion on any subject that he has investigated has something of
as great or greater value than he would have coming from any other attorney

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BENCH AND BAR OF OHIO.

at the Bar. He is essentially adapted for the Bench, more so perhaps than
for practice at the Bar. He was a hard student in his youth and while he
was pursuing his legal studies, and the fruits are shown in his well ripened
mind. He is accurate, careful and analytical in all his work; is highly
respected as a lawyer wherever he is known, and in this respect nothing too
high can be said of him. He is not brilliant, but safe. As a citizen he stands
very high in the community."

In political principles Judge Loomis is a Republican and, while not a pol-
itician, takes an active interest in the success of the party. He was married
in 1865 to Harriet Frances Wheeler, daughter of Frederick A. Wheeler, of
Marietta, Ohio. To them were born four children. The eldest of these,
Francis Butler, held until very recently the position of editor-in-chief of the
Cincinnati Tribune. Charles Wheeler died May 22, 1893. Frederick Kent is
now on the editorial staff of the Cincinnati Tribune. Harriet Francis Loomis
died in March, 1879, and in June, 1880, Judge Loomis was married to Mrs. N.
C. Holdkinson, of Marietta. They have one child, William D wight. The
judge and his family are attendants and members of the Episcopal Church of
Marietta.

JAMES A. GILMORE, Eaton. Honorable James A. Gilmore was born on a
farm in Israel township, Preble county, Ohio, on the 11th day of July, 1834.
His father, Dr. Eli Gilmore, was a native of Virginia, and removed to Ohio in
1825, and for thirty years was in the active practice of his profession. The
Gilmores are of Scotch-Irish descent. They settled originally in Virginia,
where they became prominent in State and National affairs. His mother,
Clarissa M. Clayton, also a native of Virginia, was related to the Mosbys.
Her brother was one of the judges of the Supreme Court of Mississippi, and
afterwards a member of the Confederate Congress. While Mr. Gilmore's edu-
cation was confined to the common schools of his county, he had careful train-
ing at home, his mother and father both being highly educated and persons of
strong character and high moral principles. At eighteen he entered the law
office of his brother, the Honorable W. J. Gilmore, who afterwards served five
years on the Supreme Bench of Ohio, where he commenced the study of law.
In the winter of 1853-4 he entered the Law School of the Cincinnati College t
and received his degree of Bachelor of Laws in 1854. He was at once admitted

to practice by the District Court of Butler county, on the day after he attained
his majority. Returning to Eaton he commenced the practice of law in his
brother's office, where he remained until 1858, when he removed to Green-
castle, Putnam county, Indiana, where he remained about one year. Before his
return to Eaton he married Miss Lizzie Applegate. In 1860 he again opened an
office at Greencastle. In the fall of 1861 he enlisted in the Forty-third Regi-
ment Indiana Volunteer Infantry. Shortly after his regiment was mustered
into service he was detailed in the quartermaster's department, where he
served three years, during the term of his enlistment. He was honorably dis-
charged in the fail of 1864. During his service Mrs. Gilmore died, and shortly

BENCH AND BAR OF OHIO.

137

after his discharge he enlisted in the Ninety-first Indiana Volunteer Infantry,
one of the regiments forming the Twenty -third army corps. With his com-
pany he went to North Carolina and was again detailed, this time with the
Jude Advocate's department. A part of the time he was clerk under Captain
Phineas R. Minor in the commissary department. After his discharge in 1865,
at the close of the war, he spent a year in the West and then returned to his
native State and located at Eaton. Here he formed a copartnership with
Judge J. V. Campbell. On the 12th of November, 1869, he was married to
Ada M., daughter of General George D. Hendricks. Some time afterwards
he removed to Hamilton and opened an office for the practice of law. Here
he remained two years, then returned to Eaton, where he has since resided
and become prominent in his profession. His partnership with Judge Camp-
bell was dissolved in 1879, when he was elected an additional judge of the
Court of Common Pleas, serving until 1884, and until the special term created
by act of the legislature had expired. Returning to his practice he took first
rank at the Bar. Judge Gilmore is a lawyer of recognized ability, and is well
and favorably known throughout the southern part of the State. His practice
is of a general character, and there are few important cases tried in his county
in which he is not engaged. He is an orator of force, and has delivered many
political speeches and addresses. In politics he is a Democrat, always taking
an active interest in local, State and National affairs. Judge Gilmore takes a
great interest in educational matters. He has for a number of years been a
member of the school board, and is now president of that body. By his first
marriage there was one son, who is now in the employ of the C, H. & D.
R. R. Company ; and by the second union there are seven children, four sons
and three daughters.

WILLIAM A. WHITTLESEY, Marietta. This distinguished lawyer, faith-
ful public servant and esteemed citizen was born at Danbury, Connecticut, in
1796, died in Brooklyn, New York, and was buried at Marietta, Ohio, in 1866.
He had a classical education; was graduated from Yale College in 1816, and
remained at the college for some time as a tutor. In 1818 he came to Ohio and
entered the office of his uncle, the Honorable Elisha Whittlesey, at Canfield,
as a law student. Later he studied with Joshua R. Giddings, and in 1820 was
admitted to the Bar. He settled in Marietta in 1821, and began the practice
of his profession alone. Four years later he was elected to the position of
auditor of Washington county, and held the office for- two successive terms.
In this, his first place of public trust, he discharged the duties of the office with
such fidelity and conscientious regard for the interests of the publio as to raise
himself very high in public esteem. After retiring from office he devoted his
attention entirely to his law practice, until 1839, when he was elected on the
Democratic ticket to represent Washington county in the State legislature,
serving for two years. In 1841 he formed a partnership with General Charles
B. Goddard, of Zanesville, for the practice of law in Washington county, a

138 BENCH AND BAR OF OHIO.

relation that continued for several years. In 1848 he was made the nominee
of the Democratic party to represent the district composed of the counties of
Washington, Morgan and Perry, in the thirty -first Congress, and was elected ;
and so faithful was he in the discharge of his duties to his constituents that
he was offered the nomination to be his own successor, but declined to serve
another term. While he was willing to perform his full duty as a citizen, he
was not ambitious for political honors. The various positions of trust and
honor that he held in his eventful life came to him unsought, and the duties
were discharged with fidelity and regard for the public welfare, rather than
for personal or partisan ends. In 1858 he was elected mayor of the city of
Marietta, and his administration of the office was endorsed by re-election in
1860 and in 1862, so that he served the city six years as chief magistrate. Dur-
ing these latter }^ears he had been afflicted with severe bodily infirmities
though he continued to discharge his duties to the public and to his clients,
bearing his pains with remarkable fortitude. In 1866 he went East for the pur-
pose of receiving treatment from celebrated specialists, but he found no relief
until the silent Boatman carried him to the other shore. He died at Brooklyn,
New York, November 6, 1866. His remains were brought to Marietta for
interment, and laid beside those of his son, Captain W. B. Whittlesey, a brave
and deserving officer, who was killed at the battle of Mission Ridge, in Novem-
ber, 1863. Judge Whittlesey's wife and daughter survived him. He was hon-
ored in life, and in death was deeply mourned. The quotation below is an
extract from resolutions passed by the Bar Association of Washington county,
and is given as an index of public sentiment :

" Ic is with feelings of deepest sorrow and regret that we — the members of
the Washington county Bar — have heard of the death of our late associate,
the Honorable William A. Whittlesey. During the whole period of our con-
nection with the profession in this county, we have been witnesses of the esti-
mable qualities of the deceased. As a lawyer his discriminating mind, his
legal acquirements, the friendliness and honest} 7 " of his counsel, his urbanity in
the court, and his uniform courtesy and kindness toward the junior members of
the profession have elicited our esteem and endeared him to our recollections.
As a citizen and a neighbor, the kindness of his disposition, his liberality, his
cheerfulness, and his remarkable freedom from all feelings of envy, resent-
ment and ill will, won for him the respect and friendship of all who knew him."

Said a prominent judge on the Bench of this district :

'' Mr. Whittlesey was never a very active man in court-room practice ; he
was a good lawyer, a man of extremely good judgment, an excellent adviser.
He was a cultivated gentleman, a man of fine feelings and wonderfully inter-
esting socially. He had, without exception, the finest fund of anecdotes of
any man I ever knew, and they were always applicable to illustrate his points.
He was an exceedingly kind man, and in his old age liked the companionship
of young men. One of his characteristics worthy of mention was his great
willingness to help young men in getting an education. He paid all of the
expenses of two nephews while at college and took them into his own home,
besides assisting many others to complete their education."

The following is contributed by a prominent practitioner of the Marietta

Bar :

BENCH AND BAR OF OHIO. 139

"Judge Whittlesey was an unusual man. There were not many men like
him. He was a true friend ; one who could not be tempted to take advantage
of another's necessity, however great the pecuniary benefit might be to him-
self. There was no room for meanness in his nature. As a lawyer he was
upright and honest. He told a story well to illustrate an argument. All his
stories had pith and point, and high, pure tone. He was true and just in his
dealings with all men. As a companion he was one of the most genial of
men ; correct in all his habits. His popularity arose from his courtesy and
affability, his generous disposition and exalted character. He gave legal
advice to the twenty magistrates of the country free of charge."

Mr. Whittlesey was married to Miss Jane Hobby, October 25, 1838. Of
this union four children were born, but only one is now living — Emily, the
wife of W. B. Mitchell, of St. Cloud, Minnesota, a gentleman of ability and
prominence who was for man3 r years the editor and publisher of the St. Cloud
Journal-Press. Mrs. Whittlesey died February 10, 1896, at the home of her
daughter in St. Cloud, Minnesota, after a very brief illness, in the eighty-
fourth year of her age.

EMMET M. WICKHAM, Delaware. Honorable Emmet M. Wickham, judge
of the Court of Common Pleas, is a native of Delaware county. He was born
in Genoa township, near the border of Franklin county, October 29, 1859. He
is of English-German extraction and a lineal descendant of Joseph Wickham,
who carried on mercantile business at Sag Harbor, Long Island, more than
two hundred years ago. His great-great-grandfather, Jonathan Wickham,
born in the State of New York three years after the birth of Washington,
was among the heroes and patriots of the Revolution ; and his grandfather,
Wickham's mother's father, Joseph Welsh, was captain of a company of New
York infantry during the Revolutionary War. Judge Wickham's grandfather
Asa Wickham, emigrated from Essex county, New York, to the State of Ohio
in 1834, and settled in Delaware county in 1850. His father, Kitridge H.
Wickham, a native of New York, is a stone cutter by occupation, a man of
industry, integrity and very moderate means. His mother, whose family
name was Sebring, was born in Ohio, of German parents, her grandfather,
Francis Sebring, having emigrated to the State from Pennsylvania in 1808.
He was the eldest of three children, and in early boyhood learned the lesson
of self-dependence. He attended the district schools as soon as he attained
the lawful age, and bought his clothing with money paid him by neighboring
farmers for all kinds of farm work. The vigorous physical organism with
which he is favored doubtless derived much of its vigor and healthfulness from
the open air employment of the farm, much of which was laborious and some
of which was recreative. During these boyhood years of toil, privation and
preparation, his imagination was actively painting brighter pictures of the
future, and all unconsciously he was weaving into the web of life by pluck and
persistence, in work and study, the realistic picture of his imagination. His
aspiration was continually leading him out of his environment, but honest per-

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formance of his daily tasks - in the humble sphere was the only road to the
higher goal. He was a student while he was a typical boy on the farm — not
a farmer's boy. He pursued his studies to the farthest limit of the district
school and thus qualified himself to teach others. It was in his twenty-first
year that he rode on horseback twenty miles to Delaware, to attend the exam-
nation for teachers in the public schools. He passed creditably, obtained his
certificate, and in April, 1880, opened school in the home district, governing
and teaching boys and girls who had been his fellow pupils. This is one of
the severe tests of a young man's strength of character and self-control.
Judge Wickham possessed the essential and practical knowledge of branches
taught, the self-confidence that springs from such knowledge, and the natural
dignity of character to make success immediate and continuous. For twelve
years he engaged in teaching, while the intervals between terms were
employed with farm work. His inclination was toward the law, and in 1889
he took up the study of legal text books under the instruction of Honorable
F. M. Marriott. Applying himself with the diligence and earnestness char-
acteristic of all his undertakings, he was qualified for admission to the Bar in
two years, and passed the examination conducted by the Supreme Court Com-
mission in the first three days of December, 1891. His teaching was continued
until May following, as per contract, and in September, 1892, he entered into
the practice of law, in the office of his former preceptor, Mr. Marriott. His
mind was mature, well disciplined by study and teaching, and having the
instinct of a lawyer he came to the front rapidly. The principles of the law-
had been grasped by previous study and now it was easy for him to appre-
hend its complications, as they arise in practice. His abilities were speedily
recognized by fellow practitioners and his brilliant parts made him a leader at
the Bar. After less than four years of practice he was nominated in July,
1896, as the Democratic candidate for Judge of the first Subdivision of the
Sixth Common Pleas District, and was elected in November. He has occu-
pied the Bench since Februar}^, 1897, with ability and a conscientious endeavor
to measure up to the standard of an upright judge. His moral character and
genial disposition contributed to his personal popularity among the best citi-
zens. His application to study and capacity to think for himself on the prob-
lems which the law presents are high qualifications for a judge. Fie is clear
in his understanding, in his rulings and opinions. Judge Wickham is a Demo-
crat by inheritance, choice and life long affiliation. The only office held by
him before the judgeship was that of school director in his home district,
where he served for three years, an office in which his practical views of edu-
cation were of much advantage. He was the candidate of his party several
times for city solicitor when there was no shadow of hope in the election.
The canvass each time was made in conformity to a sense of party fealty
rather than expectation of reward.

BENCH AND BAR OF OHIO.

141

DANIEL J. RYAN, Columbus. Daniel J. Ryan was born at Cincinnati,
January 1, 1855. His father, John Ryan, and his mother, Honora Ryan, were
born in Ireland and came to this country about 1850 and settled in Cincinnati.
They afterwards removed to Portsmouth, Ohio, where young Ryan received
his education in the public schools, passing through all the grades. He was
graduated from the high school in 1875. For a year before leaving school he
was entered as a law student in the office of Judge James W. Bannon, where
he continued his studies after graduating. In February, 187T, he was
admitted to the Bar by the Supreme Court at Columbus. He at once
commenced practice alone at Portsmouth, and in the following April was
elected city solicitor; was re-elected in 1879, serving until the spring of 1881.
In 1883 he was elected a member of the Ohio House of Representatives, and
was re-elected in 1885. During this service he was speaker pro tem. and chair-
man of the committee on public works. At the expiration of his legislative
duties he resumed practice. In 1888 he was elected secretary of State of Ohio,
and in 1890 was re-elected for a second term. He resigned this office, how-
ever, in 1891 to accept the appointment of commissioner in chief for Ohio of
the World's Columbian Exposition, the duties of which required his services
until May, 1894. While secretary of State he assisted in the compilation of
Smith & Benedict's edition of the Revised Statutes of Ohio. He has since
been engaged in the practice of law at Columbus. He has always been a
Republican ; was the first president of the Ohio Republican League, and pre-
sided at New York over the first convention of the National League of Repub-
lican Clubs which met in 1887. For ten years Mr. Ryan has been one of the
trustees of the Ohio Historical Society. He was appointed by the Exhibitors'
Association at the World's Fair as one of the commissioners to the Antwerp
Exposition in 1894. He was appointed by Governor McKinley as delegate to
the National Water Ways Convention which met at Vicksburg in 1894. At
the present time he is president of the Ohio Canal Association. Mr. Ryan is
well and favorably known throughout the State as a man of high character
and a lawyer of ability. He has been identified with many important cases
in Ohio which have attracted general attention both in and out of the State,
among which might be mentioned the case touching the constitutionality of
the abandonment of the Hocking canal, and litigation relating to the food
department of the State. On the 10th day of January, 1884, Mr. Ryan was
married to Myra L. Kerr, of Portsmouth, and by this union five children were
born, two of whom are living, Julia E. and Elinor.

WILLIAM T. MOONEY, St. -Marys. Judge Mooney is of Irish descent.
He was born at St. Marys, Ohio, November 14, 1862. His parents are Michael
J. and Catherine Mooney, the former a native of Indiana, the latter of Ohio.
His father is department manager of one of the great American life insurance
companies. Judge Mooney's advantages for obtaining an education were

142 BENCH AND BAR OF OHIO.

good, and he improved them from his earliest school years. He was graduated
from the St. Marys high school May 23, 1880, at the age of eighteen years.
He then entered the Ohio Normal University at Ada, and was prepared to
enter the junior class. Two years later he was graduated from the institution
with the degree of A. B. He read law privately for a period at home, and in
October, 1886, he entered the Law Department of the Cincinnati College, from
which he was graduated May 24, 1888, with the degree of LL. B. He received
the Dexter prize for highest proficiency in both the junior and senior examina-
tions. He was immediately admitted to the Bar and began the practice of his
profession alone at St. Marys, June 1, 1888. He did not have a tedious wait
for clients. Being well known and personally very popular he soon built up a
good business, which continued to grow so long as he was in practice. In
1890 he formed a partnership with J. II. Goeke, under the firm name of
Mooney & Goeke, which remained in effect until he was elected to the Bench
of the Common Pleas Court. He held the office of city solicitor of St. Marys
for two terms. In the. fall of 1892 he was elected to fill a vacancy on the
Common Pleas Bench of the first subdivision, third judicial district, to fill the
unexpired term of Judge John Day, who had resigned to accept a seat on the
Bench of the Circuit Court. He was re-elected in 1894 for a full term. In
1895 he was the candidate of his party for judge of the Supreme Court, but
was defeated with the ticket in the landslide of that year. In his own dis-
trict where he was best known he ran far ahead of his ticket. He has gained
a reputation for legal acumen that is remarkable for a man of his years. The
public is apt to estimate a man at about his true worth where they have oppor-
tunities of observation, as with a man on the Bench of a nisi prius court, and
no truer estimate of a judge's ability is obtainable than is made up from the
opinions of the men who practice in the court over which he presides. Refer-
ring to Judge Mooney's career at the Bar and on the Bench, one of the promi-
nent practitioners of the district says :

" I have known Judge Mooney all his life, as a boy, as a student, as a law-
yer and as a judge, and I can truthfully say I have always known him as a
leader. At school he was a leader in his classes, as he also was out of school
in making life miserable for residents of the town. He was always fond of
athletic sports, and he is a well developed man both physically and mentally.
Anything he undertakes he does thoroughly. He has the quick intuition of
his race, a strong, well balanced mind, and industry and will-power to accom-
plish his purposes. He is a warm-hearted man, and there is no counterfeit in
the cordiality with which he meets his acquaintances. He possesses in a degree
that quality which is commonly defined as magnetism, but a better definition
of the term would be a just appreciation of what is due others. He is unas-
suming in his manners, and is personally one of the most popular men in the
district. As a lawyer he leaped into the front rank at the Auglaize county
Bar at a single bound. As a judge he is recognized as one of the ablest jurists
on the Common Pleas Bench in this section of the State. Attorneys in the
district have absolute confidence in him in every respect, and feel that when
he has passed on a case they pretty nearly know the law that will govern it.
He is fair and impartial, and is respected by the public just as highly as he is
by the profession."

BENCH AND EAR OF OHIO.

143

A judge of one of the higher courts of the State adds : "Judge Mooney's
opinions are very highly respected by the members of the higher courts. It is
very rare that any of his cases are carried up. He has a profound knowledge of
the law, and his judgment is very accurate. He seems to have a natural affinity
for the law, and his work on the Bench evinces hard and conscientious study
of the law books. He has a strong mind, trained carefully and methodicallv."

Judge Mooney is not a society man. His time is devoted to his profession,
his family and his books. In politics he is a Democrat, and manifests due
interest in all political questions, although he has never accepted anv office not
related to his profession. He was married August 31, 1892, to Miss Mary E.
Spellacy. They have two daughters, Catherine and Eleanor.

JOHN" J. MOORE, Ottawa. Judge John J. Moore, for six years on the Com-
mon Pleas Bench, and late Judge of the Circuit Court, is a native of Ohio. He
is of Scotch-Irish extraction on both sides. The ancestors of his father emi-
grated from the North of Ireland in the seventeenth century and settled in
Pennsylvania, and the ancestors of his mother came from the same locality to
Pennsylvania about the middle of the eighteenth century. His paternal grand-
father, James Moore, served under General Anthony Wayne in some of the
expeditions against the Indians, and his maternal grandfather, then a resident
of Ohio, served in the War of 1812. Both parents were born in Pennsylvania,
the father in 1800 and the mother two years later. His father, James Moore,
came to Ohio in his twenty-fourth year and settled in the wilderness of Trum-
bull county,which was then inhabited largely by Indians and wild animals. Here
he cleared and cultivated a farm, and here married Margaret Johnson, who as
a child of nine years had come from her native State of Pennsylvania in J 811
and settled in the primeval forest of Trumbull county. His father carried on
the business of a tannery in addition to his farming, was a prosperous business
man and lived until 1879. His mother lived for about seventy years in the
neighborhood where she settled in 1811, and assisted also in transforming the
wilderness into a garden of fertility and beauty. She died in 1880. Judge
Moore was born August 3, 1835, on the farm situated in Milton township,
Trumbull county, as it was then, which has since become a part of Mahoning
county. Until eighteen years of age he worked on the farm steadily except
during the winter, when he attended the district schools in the township of his
birth. At eighteen he entered upon an independent career for himself, teach-
ing school in the winter and attending schools of higher rank in the summer,
in order to enlarge and perfect his own education. In this manner he sup-
ported himself and paid his expenses for five years, at Mount Union College,
near Alliance, Stark county. By alternate teaching and study — managing a
district school in winter and attending college in summer — he acquired a lib-
eral education. In 1861 he commenced the study of law in the office of Hon-
orable S. W. Gilson, at Canfield, and continued his reading there under

144

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instruction until the spring of 1863, when he was admitted to the Bar. He was
fortunate at the beginning of his practice in being associated as a partner with
his preceptor, Mr. Gilson, who was not only a very able practitioner, but a
gentleman of literary culture and distinction in his section of the State. The
partnership was continued until the fall of 1866, when Judge Moore removed
to Putnam county and settled in Ottawa. This place has been his home con-
tinuously for more than thirty years and during all that time his abilities and
energies have been devoted to his profession. When not engaged in practice
at the Bar he has been occupied with service on the Bench. He formed a
partnership at Ottawa with C. J. Swan, in the firm of Swan & Moore, which
was maintained until he was elected judge of the Court of Common Pleas in
the fall of 1878. In 1883 he was re-elected and entered upon the duties
for a second term. A year later, however, he was nominated and elected
judge of the Circuit Court for the Third Judicial Circuit, comprising
nineteen counties in the northwestern corner of the State. In 1889 he
was re-elected for a term which expired in 1895, so that his judicial serv-
ice covered a period of sixteen years — six on the Common Pleas and
ten on the Circuit Bench. He was not a candidate for a third term
as Circuit Judge, but resumed practice in the various courts upon retir-
ing from the Bench. He has been engaged in all the important litigation
and in some of the criminal cases in Putnam county. Among the latter was
the case of John Goodman, indicted for the murder of Haywood and his wife,
in which he was retained for the defendant. It was a case exciting deep inter-
est in the community and the evidence against the accused was so clear and
overwhelming that he was convicted and hung, despite the able defense put
up for him. During the six years Judge Moore occupied the Bench of Com-
mon Pleas he tried seven murder cases, a record unequalled in that part of the
State by any other judge. Five of these cases were tried in Henry county.
Among them was the State of Ohio vs. R. K. Scott, who was a general of
volunteers in the Union army during the Rebellion and subsequently was Gov-
ernor of South Carolina. He was charged with the murder of a young man
named Drury, but was acquitted on proof that the shooting was accidental,
the pistol having been discharged by catching the hammer on the margin of a
pocket from which it was being removed. Judge Moore was first elected to the
Legislature in 1869 and again in 1871, taking an active part in the legislative
proceedings during the sessions of 1870 and '72-3. He has always been a
Democrat, but too much of a lawyer to enjoy a life of political office holding.
Before his election to the Bench it was his custom to support his party by an
active campaign on the stump. He was a delegate to the National Democratic
Convention which was held at Indanapolis in 1896, and supported the ticket
there nominated. He has been a member of the State Bar Association of Ohio
from the date of its organization, and was chosen president of it in 1889. He
is also a member of the National Bar Association, and of the American Bar
Association. His social and benevolent traits find expression to a degree by
membership in the Masonic Lodge. Judge Moore has travelled extensively in

BENCH AND BAR OF OHIO.

145

the United States, visiting every section of the country and gathering valuable
information concerning physical characteristics of different sections. He was
married in 1859 to Miss E. C. Patterson, of Mahoning county, whose father,
Hugh Patterson was of Scotch descent, and whose mother, Anna Yan Etten,
was of Dutch descent, her ancestors being among the Hollanders who first set-
tled New Amsterdam (New York). They have one son, Gilson Moore, who is
engaged in mercantile business in Ottawa.

JOHN M. HENDERSON, Cleveland. John M. Henderson, who is entitled
to be classed as one of the representative lawyers of the State, was born April
14, 1840, at Newville, Richland county, Ohio. His father, Dr. James P. Hen-
derson, an eminent physician who continued in the practice of his profession
until 1885, was one of the pioneers, coming to the State from Pennsylvania in
1823, where his ancestors had settled. Dr. Henderson, as early as 1838, was
elected to the State legislature and in 1850 was a member of the convention
which prepared the present Constitution of Ohio. The Hendersons were of
Scotch-Presbyterian stock, the first of the family having been sent to this
country as a missionary by the Scotland Presbytery of Fife, about the year
1753. His mother was Ann Moreland, whose family ancestors came originally
from the North of Ireland and settled in Pennsylvania. The subject of this
sketch was one of four children, the others having died in childhood or early
youth. Young Henderson's education commenced in the district schools and
at an academy near home. Upon leaving the academy he entered the pre-
paratory department of Kenyon College, where he remained three years and
until the end of his freshman year. From there he entered Miami University
at Oxford, Ohio, where he was graduated in 1862. This latter college was
one of two universities of this State founded upon grants from the general
government, the other being the Ohio University at Athens. He was allowed
to select his own profession. Law being his choice he entered the office of
Judge Darius Dirlam, of Mansfield, who became his preceptor in the prelim-
inary study of the profession he had chosen. Later he went to Cleveland,
and entered the Cleveland Law School, from which he received his degree of
LL. B. in 1864. He immediately commenced the practice of law, not limit-
ing his practice to any particular branch of the profession. There have been
no breaks or interruptions in his practice, and to-day it has grown to large
proportions, and he now enjoys as select a clientage as any lawyer in Cleve-
land. Several times efforts have been made to induce him to accept the nom-
ination for a judgeship. His high character as a man and his strong judicial
mind eminently fit him for the Bench. However, he has invariably declined
the honor, preferring to continue in active practice, for which he is so well
qualified. One of the leading judges of Cleveland, speaking of Mr. Hender-
son, says : " He is, without doubt, one of the best lawyers at this Bar, always
careful, painstaking and considerate in his work, and if I wanted an opinion

146

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upon an intricate legal proposition there is not a lawyer in the State better
qualified to give it and to whom I would give preference." He has one of the
best law libraries in the city and possesses the rare quality in a lawyer of
knowing how to use it. He cannot be called a great jury lawyer, but as a safe
counsellor he excels, and in the trial of equity cases and argument before the
court he is excellent. Quick to see the finer points in a case, he presents them
with a force of logic which is remarkable. He possesses a high sense of honor,
is faithful and just in the discharge of every duty. These are the virtues,
coupled with the man's gentleness of character, which have gathered about
him so many close friends. He not only has the respect and confidence of the
Bar, but of all who know him. His first partner was John C. Grannis, with
whom he was associated from 1865 to 1874. Afterwards he was associated
with Virgil P. Kline, from July, 1875, until October, 1882, under the firm
name of Henderson & Kline. The latter year S. H. Tolles was admitted to
the partnership and the style of the firm became Henderson, Kline & Tolles,
which continued until 1895, when Mr. Henderson withdrew and formed a
partnership with F. A. Quail, the firm now being Henderson & Quail. Mr.
Henderson has been engaged in many important cases, of which the following
are noted: Talcott vs. Henderson, as fixing for the State of Ohio the rule as
to the duty of purchaser in insolvent circumstances to disclose his condition in
making purchases of property on credit ; Ohio vs. Lake Erie Iron Company.
This was a case involving the constitutionality of an act of the Ohio legisla-
ture requiring corporations to make bi-monthly payments to their employes,
being one of several acts passed about the same time attempting to restrict
the right of employers in dealing with employes. Another important case
was that of Laubeok vs. Andrews, defining the rights of owners of land cov-
ered by non-navigable lakes throughout the State, as against the public and
owners of marginal lands. In politics Mr. Henderson is a Republican, always
taking an active interest in political questions which affect his party or coun-
try, but never a seeker of public office ; and with the exceptions of a few minor
positions he has never held office. He is not a member of any society or club
that might tend to divide his time with his family. In 1872 he married Anna
Carey, and they have a most interesting family of seven children, six daugh-
ters and one son, all living.

FRANKLIN J. DICKMAN, Cleveland. Honorable Franklin Jackson Dick-
man, LL. D., ex-Chief Justice of the Supreme Court of Ohio, was born in
Petersburg, Virginia, August 22, 1828. His parents were Joseph Dickman
and Mary Foster Bartlett. His mother, Mary Foster, born in Dudley, Mass-
achusetts, was a great-granddaughter of Timothy Foster, of Dudley, who, with
his twelve sons, served in the American Revolutionary War, all at the same
time. For her first husband she married Nathaniel Bartlett, a relative of Josiah
Bartlett, one of the signers of the Declaration of Independence. Upon removal
to Petersburg, Virginia, her husband there died, and she married Joseph Dick-

BENCH AND BAR OF OHIO.

147

man, who was born in New England and came of distinguished ancestry.
(Joseph Dickman and his wife are buried in the Blandford Cemetery, in the
suburbs of Petersburg.) The subject of this biographical notice was fitted for
college at the Petersburg Classical Institute, under the instruction of the Rev.
Dr. E. D. Sanders, late of Philadelphia, and in the same class with General
Roger A. Pryor, who was an officer in the Confederate service and afterwards
became one of the Supreme Court judges of the State of New York. At the
age of sixteen he entered the junior class of Brown University, at Providence,
Rhode Island, and was graduated at the age of eighteen, with the salutatory
honors of his class. During his college course the Rev. Dr. Francis Way land,
author of Moral Science," was president of that institution, and among Mr.
Dickman's classmates were Chief Justice Thomas Durfee, of Rhode Island, the
Honorable Francis Wayland, ex-lieutenant governor of Connecticut, and now
at the head of Yale College Law School, and the Honorable Samuel S. Cox,
who long bore the pseudonym of " Sunset Cox." After graduation Mr. Dick-
man spent a year at the university, during which time he availed himself of
the ample facilities there offered for literary and scientific study. Leaving the
university he entered the law office in Providence of the Honorable Charles F.
Tillinghast and Honorable Charles S Bradley, and at the end of two years was
admitted to the Rhode Island Bar. He opened an office in Providence and
there remained in the practice of his profession until his removal to Cleveland,
Ohio. In 1857 he was the candidate of the Democratic party of Rhode Island
for the office of attorney-general of the State, running on the same ticket with
General A. E. Burnside, who was the Democratic candidate for Congress for
the Eastern District of Rhode Island. In 1858 Mr. Dickman was appointed a
member of the board of visitors to the West Point Military Academy, and was
made secretary of the board. While a member of the board and under induce-
ments held out by several of its members, he determined to change his resi-
dence, and in November, 1858, left Providence for the purpose of locating in
the West. Having finally concluded to settle in Ohio, he spent a few weeks
in his native place, Petersburg, Yirginia, and then went to Cleveland, where
he has ever since resided. On the breaking out of the war between the States
he ardently espoused the cause of the Union, and in 1861 was nominated as a
War-Democrat by the Union party of Cuyahoga county for member of the
Ohio House of Representatives, and was elected by a large majority. In that
body he was made chairman of the committee on railroads and was a member
of the judiciary committee, and of the committee on municipal corporations.
On the 24th of December, 1862, he was married to Miss Anne Eliza Neil, only
daughter of Robert Neil, Esq., of Columbus, Ohio, and granddaughter of the
Rev. Dr. James Hoge, a son of Dr. Moses Hoge, president of Hampclen-Sidney
College, Yirginia, who was pronounced by John Randolph the most eloquent
man he ever heard in the pulpit or out of it. Mr. Dickman has three children
now living, a son, Robert Neil Dickman, and two daughters, Edith Hoge Dick-
man and Mabel Elkin Dickman. At the close of his legislative term he formed
a law partnership with the Honorable Rufus P. Spaulding, who had just been

148

BENCH AND BAR OF OHIO.

elected to Congress from the Cleveland District, which partnership was
continued until May, 1875. In March, 1867, he was appointed by President
Johnson, United States attorney for the northern district of Ohio, which
office he resigned in March, 1869. In April, 1883, he was appointed by Gov-
ernor Charles Foster a member of the Ohio Supreme Court Commsssion, and
served two years, until the commission terminated by the operation of law.
In November, 1885, he was appointed by Governor J. B. Foraker a judge of
the Supreme Court of Ohio. In July, 1887, he was nominated by the Repub-
lican State Convention assembled at Toledo for judge of the Supreme Court
of Ohio, to fill the unexpired term of Judge W. W. Johnson, then deceased,
and was duly elected at the following November State election. In June,
1889, he was renominated by acclamation by the Republican State Conven-
tion, at Columbus, for judge of the Supreme Court, for the full term of five
years, beginning February 9, 1890. Under the judicial system of the State he
became Chief Justice of the court in February, 1894. The written opinions of
Mr. Dickman while judge and Chief Justice of the Supreme Court may be
found in volumes XL to LII of the Ohio State Reports, and cover a wide range
of legal questions. Among his decisions are many involving important con-
stitutional questions, and in cases which are now leading authorities. From
the many we may cite the following : Anderson vs. Brewster, 44 Ohio St. Rep.,
576, settled that the act known as the Dow Law, which provided for an assess-
ment or tax upon the business of trafficking in intoxicating liquors was not in
effect a license law, was not within the inhibition of the 18th section of the
schedule of the Constitution of Ohio, and in no respect violated the Constitution.
State vs. City of Hamilton, 47th Ohio St. Rep. 52, quo warranto, involved the
constitutional right of the municipality to erect its own gas works at the
expiration of its contract with an incorporated gas company which had
erected works and supplied gas for streets and public and private buildings.
The company contended that it had been deprived of vested rights by the
municipality. In State vs. City of Toledo, 48th Ohio St. Rep., 112, quo
warranto, was considered the constitutional power of the defendant to issue
its bonds and exercise the taxing power to pay the principal and interest
thereon, for the purpose of erecting natural gas works to supply gas for public
and private uses. In Railway Company vs. Telegraph Association, 48th Ohio
St. Rep., 390, there was a full examination of the respective rights of telephone
companies and electric railway companies. It was held as a fundamental
rule that the dominant purpose for which streets in a municipality are dedi-
cated and opened is to facilitate public travel and transportation, and in that
view new and improved modes of conveyance by street railways are by law
authorized to be constructed ; and a franchise granted to a telephone company
for constructing and operating its lines along and upon such streets is subor-
dinate to the rights of the public in the streets for the purpose of travel and
transportation. The doctrines announced in this opinion were favorably com-
mented upon and approved by Lord Chief Justice Coleridge, of the Queen's
Bench in an important jury cause. In State ex rel vs. Jones, Auditor, 51st Ohio

BENCH AND BAR OF OHIO.

149

St. Rep.. 592, mandamus, the statute known as the Nichols Law, for the taxation
of express, telegraph and telephone companies, came under review, and it was
contended with great ability that the statute was in conflict with the State and
Federal Constitutions. The case was taken on error to the Supreme Court of
the United States, where the opinion of Chief Justice Dickman was carefully
considered in argument and the decision of the Supreme Court of Ohio
affirmed. On June 22nd, 1892, the honorary degree of Learned Doctor
of Laws was conferred upon Judge Dickman by his Alma Mater, Brown Uni-
versity. While engaged in the practice of his profession he did not forget the
liberal studies of earlier years and found time to prepare many orations and
addresses for literary and patriotic occasions. During the existence of the
New York Knickerbocker Magazine he published in its pages a series of
articles requiring much research, on Butler's "Horae Juridicae," and was the
author of several elaborate contributions to other periodicals on historical sub-
jects. There is a curiosity of literature connected with Mr. Dickman's
student life in Rhode Island, which may be of interest to some readers. Mr.
Rufus Choate, in his noted letter to the Maine Whig committee, in 1856,
refers to the "glittering generalities of natural right which make up the
Declaration of Independence." Bartlett, in his " Familiar Quotations," 9th
edition, 1896, in a note to the quotation from the Maine Letter, says :
"Although Mr. Choate has usually been credited with the original utterance of
the words 'glittering generalities,' the following quotation will show that he
was anticipated therein by several years : ' We fear that the glittering-
generalities of the speaker have left an impression more delightful than per-
manent' "—-Franklin J. Dickman, review of a lecture by Rufus Choate,
Providence Journal, December 14, 1849. Judge Dickman is a most charming
and companionable man. Notwithstanding he has lived away from the South
since his boyhood days, he retains all of the characteristics of the true southern
gentleman of the old school. Gentle, considerate and thoughtful of others, he
has a host of friends and admirers, not only in his adopted city, but throughout
the State of Ohio and the country. The lives of such men make the world
better by their living. While Judge Dickman is an able lawyer, and while he
spent many of the best years of his life in active practice, it must be from the
standpoint of a jurist that he will be judged in the future. A most important
service was rendered to the public of this State when Judge Dickman was
appointed a member of the Supreme Court Commission, as it directed the public
to his eminent fitness for the Supreme Court, a position to which he was subse-
quently twice elected. No member of our Supreme Court has brought to the
discharge of its duties higher qualifications for the position than he. During
the ten years he was on the Bench he never forgot the responsibilities of, or the
requirements necessary to the position he so ably filled. His opinions are not
only profound expositions of the law upon the questions involved in the case,
but they are the best statement of the reasons for the existence of the law as
adjudged. No one can read them without recognizing the mind of a great
master. In his breadth of scholarship, in his legal learning, in his lucidity of

150 BENCH AND BAR OF OHIO.

statement and in his mental integrity, no judge of the Supreme Court is
entitled to a higher rank. In these respects he may be compared to the late
Justice Story, of the Supreme Court of the United States.

DANIEL E. TILDEN, Cleveland. Daniel Kose Tilden, late judge of the
Probate Court, of Cuyahoga county, was a noteworthy character. He was
born in Lebanon, Connecticut, in November, 1807, and died in Cleveland March
4, 1890. All of his adult life was spent in Ohio. He came to this State at the
age of twenty, and settled first in Portage county. Having studied law with
Judge Rufus P. Spalding at Warren, he was admitted to the Bar and removed
with his preceptor to Ravenna, where the firm of Spalding & Tilden was
formed, and continued in practice until Portage county was divided and
Summit organized. Upon the removal of Judge Spalding to Akron, Mr.
Tilden continued in practice at Ravenna in partnership with W. S. C. Otis
until his election to Congress in 1844. He was re-elected in 1846, and at the
close of his congressional service removed to Cleveland, where his residence
was maintained to the end of his life. His law practice was conducted in
partnership with Robert F. Payne, and was continued until 1854, when he was
elected judge of the Probate Court. For eleven successive terms Judge Tilden
was elected to this office, in which he served thirty -three years. He retired
in 1888, after he had exceeded the limit of four score years, enjoying the con-
fidence of the public and the respect of all the Bar. He was married three
times, has last wife being Cornelia Lossing, who survived him. His life was
pure and clean, such as to deserve the high tribute indicated by his repeated
elections. Judge Tilden was succeeded in office hy Judge Henrj r C. White,
who, on request of the editor, has prepared the subjoined comment and
estimate :

"The Probate Court as an institution of government in the United States,
while being the direct successor of the ancient secular county tribunals in
England, known as Memorial Courts, nevertheless now exercise the same
functions that the later ecclesiastical courts in England were wont to exercise.
Probate and testamentary causes finally became wholly remitted to the care
of ecclesiastical officers, and this impressed the service of the probate official
with a peculiar character The Probate Court has always been intimately
connected with the domestic and family life of the people. The dignity and
responsibility of the Probate Court is well stated by Mr. Schouler in his
admirable treatise on executors and administrators in the following- language:
' As befits an authority which pervades the threshold and exposes to public
view the chamber of mourning, probate jurisdiction in the United States is
exercised with great simplicity of form, coupled with dignity and decorum.'
The clientage of probate jurisdiction generally comes into the court clad in the
habiliments of mourning, and all the tender sympathetic aid that can be ren-
dered to the widow and orphan, while under the shadow of bereavement, is

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151

expected from the presiding judge. This marks the service of the probate
judge at once as being of a peculiar character. He is clothed with judicial
dignity, .and yet must be ever open to the informal approach of widows,
orphans and humble classes of the laity without ceremony. To him are confided
the most delicate and profound secrets of the family history. Pie is required
to be learned in the law, and, coupled with this qualification, he is ever called
upon to exercise that weight and accuracy of judgment in business affairs with
which a good solicitor or business manager is supposed to be endowed. lie
becomes, therefore, counseller as well as judge, and it is his ordinary experi-
ence also to become a consoler and comforter of those in great distress. The
successful administration, therefore, of the probate office, demands peculiar
personal qualities in the judge. Honorable Daniel R. Tilden, as has been
stated in this sketch, exercised the responsible functions of the probate judge-
ship in Cuyahoga county for thirty-three successive years, having been elected
every third year by the people of the count} 7 at large. During this period the
county grew in population from about one hundred thousand to four hundred
and fifty thousand. A succession of more than one generation transpired
during his incumbency. During all those years there' was scarcely a family
in the whole county whose interests were not in one way or another brought
to the knowledge and attention of the probate judge. His court is required
by law to be open for the transaction of business every day in the year, except
holidays and Sundays, and it became his daily function to give counsel and
advice upon every conceivable domestic concern, and to stand as the general
counsellor for all the people. These habitual duties not only presupposed but
cultivated certain peculiar qualities in the judge. He was required to have an
intimate knowledge of the tendencies and impulses of human nature. He
must exercise absolute impartiality and hold sacred the confidences confided
in him. Overall he must exercise the most constant and unwearied patience.
Judge Tilden was profoundly gifted in all these qualities. He was a man
of very broad sympathies; he was intimately acquainted with the struggles
and trials of the common people, in their domestic life, and both from experi-
ence and taste exercised a very wise and abundant sympathy in everything
pertaining to the rights and duties of the domestic relation. He became in
fact as well as in theory the ultimate guardian of all orphans in the county.
In the exercise of the peculiar functions of the probate office he became, like
ancient Job, filled with a spirit of unwearied patience under all circumstances,
and it may be said of him, as of Job, that, ' he was a father to the poor, and
the cause which he knew not he searched out.' Patience with him was not a
mere negative quality — it became a positive virtue. No emergency or sur-
prisal of excitement could cause him to relax self-control or move him to abate
in any degree that calm complacency and discriminating patience. The elder
Pliny, the great jurisconsult, once wrote his emperor, that 'patience in the
judge played no small part in the administration of justice.' This patience and
self-control were not a matter of temperament with Judge Tilden ; they were
the result of long years of discipline in an office in which patience is of the

152 BENCH AND BAR OF OHIO.

highest value in the incumbent. Judge Tilden, while endowed by nature with
great powers of reasoning and discrimination, was not, under all circumstances,
an arduous student. By his professional education and studies he had become
thoroughly imbued with the fundamental principles of jurisprudence, and he
wasj perfectly familiar with all the statutory laws affecting his official action.
It took an occasion or cause of unusual interest to move him to review or
investigate legal learning for immediate application. Ordinarily in all the
discharge of his judicial duty, he was sufficiently equipped to deal with the
probate business without special effort or preparation, but, when occasion
seemed to require it, he aroused himself and applied the learning of the law
with such discrimination and vigor, as to manifest to all, profound abilities as
a jurist. He left very few reported cases on record during his long judicial
career. The reason of this was that there never had been systematic report-
ing or preservation of the numerous important causes tried in the probate
courts of the State ; but some of his decisions in important cases were pub-
lished in the public press and in pamphlet form, and rank with the work of
our ablest judges. In another respect he was a remarkable judge. He had a
most retentive memory and a masterful grasp of complicated facts when pre-
sented in the trial of a case. He would listen for days to a volume of oral
testimony, keeping but few notes, and attend at the same time to the constant
interruptions to which the probate judge is always subjected by the current
business of the office, and at the end of the trial, and after argument, analyze
the evidence and marshal the facts upon the lines of soundest reason, and
render a judgment in such moderate terms and kindly spirit, and with such
profound good sense, as to satisfy both parties of the wisdom, justice and
soundness of his decision. This was one of his peculiar and high qualifications
as a jurist. The explanation of this masterful ability to open a direct way to
the truth through a mass of conflicting evidence lay in his possession of pro-
found common sense. He had an almost intuitive knowledge of the opera-
tions of the ordinary laws which govern our common human nature. As usual
in men of broad sympathies, there was ever a fountain of sweet and whole-
some humor in him, which bubbled over on all proper occasions, and often
mellowed the asperities of the contention before him. The two dominant
characteristics of Judge Tilden as a probate magistrate were his broad and
active sympathies with the struggles of the common people in their daily
domestic life, and his profound and never failing common sense. In a public
career of unusual length, extending over a period of more than thirty years,
no man in our country ever discharged the responsible and delicate functions
of a judicial office in a station immediately connected with the concerns of ail
classes of people with greater acceptance and favor than Honorable Daniel K.
Tilden."

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153

EDWIN T. HAMILTON, Cleveland. Honorable E. T. Hamilton, for twenty
3^ears judge of the Court of Common Pleas, was born in Newburg (now
a part of the City of Cleveland) on the 13th day of July, 1830. His father,
Justus Hamilton, a farmer, was one of the first settlers of Cuyahoga county,
coming to Ohio in 1801 from Massachusetts. His family had been among the
first settlers of New England. He is of Scotch-Irish ancestry and his lineage
is traced to the sturdy race from the North of Ireland. His mother, Salinda
Brainard, was born in Connecticut. Her parents were among the early set-
tlers of Northern Ohio. Miss Brainerd was a direct descendant of Daniel
Brainard, who, when a lad of eight years, was brought to the United States
from England, and who, in the year 1662, became the largest landholder in
Haddam, Connecticut. The early days of young Hamilton, the subject of this
sketch, were spent upon the farm and his first education was received in the
public schools of the district. About 1848, when in his eighteenth year, he
was sent to Allegheny College at Meadville, Pennsylvania, where he remained
for two years, and left before graduating. Shortly afterwards he took up the
study of law under the direction and in the office of Kelly, Bolton & Griswold,
at that time one of the leading law firms of Cleveland. In 1854 he was
admitted to the Bar. The same year he went West, locating at Ottumwa,
Iowa, and was admitted to practice by the Supreme Court of Iowa. In less
than a year he returned to Cleveland and took up the practice of law. His
first partnership was with Mr. Wyman, and the firm of Wyman & Hamilton
continued until the summer of 1862, when he enlisted as a private in Company
D, Eighty-fourth Regiment Ohio Volunteer Infantry. The regiment was sta-
tioned in Maryland, doing guard duty on the south branch of the Potomac
river for a period of four months, when it was disbanded. He returned to
Cleveland and resumed the practice of law, under the firm name of Hamilton
& Dennison. This firm continued until the summer of 1875, when he was
elected judge of the Common Pleas Court for a term of five years. The nom-
ination came to him unsought. In fact he knew nothing of the movement
until the afternoon before the nominating convention met, when some of the
leaders came and informed him that he was to be nominated. He was elected
for four successive terms, having a continuous service of twenty years, and
would now be serving his fifth term had he allowed himself to be ag-ain nomi-
nated. Judge Hamilton is admitted to be among the ablest of the nisi pruts
judges that ever sat on the Bench in Cuyahoga county. He is of even tem-
perament, possessing a fine legal mind ; is always cool, deliberate, considerate
and firm, and a close student. In the clear interpretation of the statutes he is
unexcelled. His decisions are precedents and are frequently quoted by the
present judges of Cleveland. Judge Hamilton is a most lovable man. Kind,
gentle and considerate, he has a host of admirers. In him the younger mem-
bers of the Bar have a true and valuable friend, who is always willing and
ready to assist and aid them in their work. A law} T er can possess no greater
quality than this, and no virtue that could make him more respected and loved
by the profession. Judge Hamilton is now associated with his son, Walter J.,.

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and Halbert D. Smith, under the firm name of Hamilton, Hamilton & Smith.
It is not his purpose to again engage in the active practice. His work now is
more in the way of directing and counselling the younger ones, and occasion-
ally engaging in the trial of important causes, when the finer questions of law
are involved. He is the lecturer of the Franklin T. Backus Law School of the
Western Reserve University, on the law of res adjudicata and collateral
attack. In 1863 he married Miss Mary E. Jones, of Cleveland, and by this
union two children were born, a son and a daughter. Mrs. Hamilton and
both children are living.

JOHN F. HERRICK, Cleveland. Colonel John Frank Herrick was born at
Wellington, Ohio, on the 23rd of February, 1836. His father, Ephriam Her-
rick, was a farmer and a native of Massachusetts, who came to Ohio in 1830
and settled in Wellington, Lorain county. He was of English extraction.
One of the family was a colonel in the American Revolution and commanded
a regiment under General Stark. His mother, Chloe Wilcox, was also a native
of Massachusetts. Young Herrick, when old enough, was sent to the com-
mon schools of his native village, later entering the academy. In 1856 he
went to Oberlin College, and spent two years in the preparatory department.
In 1858 he entered upon his collegiate course and was graduated in 1862.
Some three months before the college conferred upon him the degree of Bach-
elor of Arts he had recruited a company of volunters for service in the Union
army. This company became a part of the Eighty-seventh Regiment Ohio
Volunteers, and he was in the field at the time of receiving his degree. He
was captured at Harper's Ferry by General Stonewall Jackson and was at
once paroled. Coming to Cleveland he commenced the study of law at the
Ohio State and Union Law College, from which institution he was graduated
in June, 1863. About this time he was exchanged. He at once organized
another company, and in July of the same year was elected major of the
Twelfth Ohio Cavalry. He served with his regiment in the western army
under Generals Burbridge and Stoneman ; was promoted in regular order to
lieutenant-colonel and was mustered out of the service in 1865. In the fall of
that year he commenced the practice of law at Cleveland in partnership with
his brother, G. E. Herrick. The firm then formed continued until 1890. Col-
onel Herrick has since that time engaged in a general practice alone. He is a
man of high character and a lawyer of abilty, and has had much to do in the
management of large estates. He is interested in educational affairs and is
now a member of the board of education for East Cleveland. In politics he
was a Republican until 1896, when he left the party and supported the Demo-
cratic ticket for President, believing that independent bimetalism was the only
remedy for the wrongs the people of this country are now enduring. He was
nominated in 1897 as candidate on the Democratic ticket for State senator for
Cuyahoga county. He has never held or sought office. This nomination came
to him without the asking. In 1866 Colonel Herrick married Mary B. Clay,

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155

a daughter of Cassius M. Clay, of Kentucky, and by the union three children
were born, the eldest of whom, Clay Herrick, is now the principal of Western
Reserve Academy at Hudson. He married in 1877, Flora E. Waring, of
Cleveland. By this marriage there were five children, one son and four
daughters, all of whom, with their mother, are living.

CHARLES C. BALDWIN, LL. D., deceased. Honorable Charles Candee
Baldwin, late of Cleveland, was for ten years judge of the Eighth Circuit of
the Circuit Court of Ohio. In his premature death, on February 2, 1895, not
only his family and the wide circle of personal friends, but the higher interests
of the City of Cleveland, of the State of Ohio, and indeed the whole country,
suffered an irreparable loss. Charles Candee Baldwin was born December 2,
1834, at Middletown, Connecticut. His parents were Seymour Wesley and
Mary Candee Baldwin. Early in the seventeenth century the Baldwins were
a prominent family in Aylesbury, England, from which place most of them
emigrated to Connecticut in 1637. Sylvester, the direct ancestor of Judge
Baldwin, died, however, on shipboard before reaching his destination. Mrs.
Baldwin was a bright, attractive and intelligent young woman, of a French
Hugenot family early in Connecticut and descended, through her mother, from
such worthies as William Pynchon, the first treasurer of the Massachusetts
colony and the founder of Springfield ; Captain Wadsworth, who hid the Con-
necticut charter, and the famous secretary, John Allyn, of that colony. In
every line the lineage of John Baldwin is purely Connecticut for two hundred
years. When Charles was five months old his parents removed to Elyria, Ohio.
A considerable part of the journey was made by boat on the Erie canal, at
that time the most luxurious mode of travel. Judge Baldwin's father was a
most energetic, successful and highly respected merchant in Elyria from 1835
to 1847. A little more than a year after reaching Elyria, Charles's mother
died, leaving his brother David an infant five days old. After a time the father
married a second wife, Miss Fidelia Hall, who thus came into the care of these
small children. Of her Judge Baldwin wrote, that she was as gentle and con-
scientious as any mother could be. In 1847 the family returned to Connecti-
cut and resided for nine years in Meriden. During this period, when fourteen
years of age, Charles entered a boarding school in Middletown to prepare for
college. Among his companions at that time, and one with whom he main-
tained pleasant associations in later life, was the distinguished historian, John
Fiske. At the age of sixteen Charles entered Wesleyan University, Middle-
town, graduating with honor in 1855, at the age of twenty. Among his class-
mates was Justice Brewer, now of the Supreme Court of the United States.
Immediately upon graduating from college young Baldwin entered Harvard
Law School, taking the degree of LL. B. in 1857. Coming to Cleveland in
March of the same year he entered the law office of S. B. & F. J. Prentiss,
and was admitted to practice in October, 1857.. The advantage and training

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of this partnership were very great, since no one has ever occupied the Bench
of Cuyahoga county who had the reputation of possessing a more accurate and
logical legal mind and more learning than the senior member of this firm,
who ten years later was elected to the Bench in Cleveland, and continued
there until he retired some years afterwards. On being admitted to the Bar
yotfng Baldwin located first in the office where he studied, and in 1861 was
admitted to equal partnership by the senior of the firm, under the name of
S. B. Prentiss & Baldwin. In 1867 the firm was dissolved by the election of
S. B. Prentiss to the Bench of the Common Pleas Court, and the successive
partnerships became C. W. Prentiss & Baldwin, Prentiss, Baldwin & Ford,
afterwards Baldwin & Ford, which latter was the style when, in 1884, Mr.
Baldwin was nominated to the Circuit Bench, a position which he held at the
time of his death, having been re-elected a third time shortly before
that lamented event. On the 8th of September, 1862, Judge Baldwin was
Married to Miss Caroline S. Prentiss, a daughter of Charles W. Prentiss, who
was later one of his partners. All of the Prentisses here mentioned with
whom Judge Baldwin was associated were sons of Judge Samuel Prentiss, of
Yermont, who was United States Senator from 1830 to 1842. Judge Bald-
win's devotion to his family and his attachment to home life were marked
features in his character. Outside of his family circle he spent little time in
social recreation. Of his four children, two died in early years. Of the two
surviving children, Mary Candee is the wife of Dr. John P. Sawyer, Profes-
sor of Medicine and Clinical Surgery in the Western Reserve Medical College,
while the son, Samuel Prentiss Baldwin, is continuing the traditions of the
family : Having been admitted to the Bar, he is now actively engaged in the
practice of his profession. In 1892 Judge Baldwin received the degree
of Doctor of Laws from his Alma Mater. Among the many who united in
nominating him for this honor was David J. Brewer, of the United States
Supreme Court, who in his letter to the faculty of the university says : " He
is a gentleman of high character and especially loved and honored in the
State in which he has made his home during his active life. He has won a
name, too, outside of the law, by his researches into the early history of the
State, both before and since its settlement by the whites. He is eminently
worthy of any honor the university can confer upon him, and certainly a host
of friends will be gratified by hearing that he has received an LL. D. from
his Alma Mater." Judge Baldwin's many decisions found in the Circuit Court
reports attest his abilit}^ as judge and lawyer. His career was marked by
rapid and signal success. His mind was such as to enable him to solve im-
portant questions relating to business and finance. Corporation and bank-
ing law was his special study. He was always popular with the people. In
the convention of 1884 that nominated him, out of 160 votes he received 142.
Though eminent as a lawyer and judge he found time for activity in various
business and educational pursuits; and was a director in several banks. At one
time he was trustee in two colleges and was actively connected with several
other educational organizations. Among the latter the most important was

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157

the Western Reserve Historical Society, of which he was one of the founders,
and at the time of his death president. He was favorably known by histori-
cal, scientific and antiquarian societies, both in this country and Europe. He
gave much time and original research to the work of the historical society.
He wrote and translated a number of works, and the library and museum owe
much to his judicious selections. Through his efforts a building was purchased,
which is now owned by the society. The suggestion which led to the organi-
zation of the society is said to have come from him. This institution will
always stand as a lasting monument to his memory. In his examination of
cases he was thorough and exhaustive. His conclusion was reached upon the
facts and law involved in the case without the slightest reference to the par-
ties affected by the judgment, the personality of counsel, or any outside influ-
ence whatever. He deserved and commanded the respect of the entire Bar.
His business judgment was much sought and relied upon, whether as bank
director, trustee, lawyer or in the management of estates, in all of which he
had much to do. His work was faithfully done. He never betrayed a trust
or shirked a duty. Every associate who served with him on the Bench gladly
gives testimony to his faithful, conscientious and efficient work. The judge
was a member of the Presbyterian Church and in politics always a Republican.
The Honorable Hugh J. Caldwell, now associate judge of the circuit, says of
him : " He had a wealth of mind and heart that pre-eminently fitted him for
his place on the Bench and endeared him greatly to all who knew him. His
life was an open book. All the world could read him — nothing covered or
secret. He had nothing to hide from his fellow men. No false pretense in
him. His strong sense of right and justice was never overcome by passion.
No friendship or influence was ever strong enough to swerve him from an
honest and impartial judgment. He was self-reliant, industrious and thorough
in his investigation of cases submitted to the court. His judgment was
always based on honest purpose, a purpose so well grounded in his nature that
he could not be induced to give judgment until his mind was convinced. As a
man he was genial and much beloved, and honored by all who knew him. He
was especially considerate of the opinions of his associates and at all times
kept his mind open to conviction. He ignored self in all his work, sought
criticism and always profited by it. His associates on the Bench loved him
exceedingly well. They greatly mourn his loss. They will ever remember
him as a true, honest and able judge and an exceedingly affable, agreeable and
dear friend."

JAMES D. CLEVELAND, Cleveland. Judge Cleveland was born in Madi-
son, Madison county, New York, on the 15th day of September, 1822. His
father was Daniel Cleveland, a merchant, and his mother, Julia R. Gold, both
of English ancestry. On his paternal side the Clevelands came from Ipswich,
on the east coast of England, and settled in Woburn, Massachusetts, about 1635.
The family later moved into Connecticut, and James's branch of the family

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went to New York State. There have always been men in the family who
held high rank, both in the civil and military history of our country. The
judge's grandfather, Erastus Cleveland, in his diary says : " When I was in
Whiteston, situated on the great highway between Albany and Buffalo, Gen-
eral Moses Cleveland (a cousin of my father, Moses Cleveland) of Canterbury,
Connecticut, went out and surveyed the land in Ohio belonging to the Con-
necticut Land Company, known as the Western Reserve, and ^he city of Cleve-
land was named in honor of him." The grandfather of James was a general
in the War of 1812, stationed at Oswego, New York. He later represented
his county for several terms in the New York legislature. Judge James D.
Cleveland, the subject of this sketch, came to Cleveland in 1835 and was pre-
pared for college in private schools, but was prevented from entering college
by the great financial disasters of 1838. His father's failure at that time com-
pelled him to turn his attention to something by which he could earn a sup-
port for himself. So at the early age of seventeen he commenced teaching in
the district schools. In 1839 he commenced the study of law and was admit-
ted to practice in 1843. In the same year he went to New Orleans, Louisiana,
and there entered the law office of Clark & Slidell, and continued the study of
law with this noted firm for two 3 7 ears. He then returned to Cleveland and
commenced the practice of law with F. W. Bingham, but got into politics in a
short time and was elected clerk of all the courts, filling this office from 1852
to 1855. About this time he was also elected justice of the peace. It was
much more of an honor at that time to fill the office of justice than it is now.
All the great lawyers in those days, such as Foote, Andrews and Backus, tried
cases before him. He was the youngest man that ever filled the office of jus-
tice of the peace in Cleveland. He was managing editor of the Cleveland
Plain Dealer from 1855 to 1858, and deputy Clerk of the United States Court
for nine years, from'1858 to 1867. From 1869 to 1871 he was judge of the
Municipal Court. Since that time he has been in practice, always alone,
never having formed any partnerships. His practice has been almost entirely
confined to the administration of estates and the execution of trusts involving
large landed interests. He has never been a trial lawyer. Having been a
schoolmate of Leonard Case, and always a friend of the family, he was made
one of the trustees for " The Case School of Applied Science," a school
founded by Leonard Case, Jr., by deeds of trust to real estate worth $1,500,-
000. Judge Cleveland is now president of the board. He is also one of the
trustees of the Society of Savings. No man in Cleveland stands higher than
Judge Cleveland, having the respect and confidence of all who know him. He
is to-day more active and energetic in his work than many who are his juniors
by a score of years. In politics he has always been an uncompromising Dem-
ocrat, following in the footsteps of his grandfathers on both sides, whose polit-
ical faith and belief had its birth with the Jeffersonian teachings and with
the party of 1796. Judge Cleveland married Charlotte J. Bingham in 1851
and by this union has three children, two sons and one daughter. The older
son, a promising young lawyer, is now associated with his father in the prac-
tice. Mrs Cleveland and all the children are living-.

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159

CHARLES D. EVERETT, Cleveland. Charles D. Everett was born in Lib-
erty township, Trumbull county, Ohio, on the 17th day of November, 1836.
His father, Samuel Everett, was for a number of years engaged in the manu-
facture of linseed oil. He was born in Pennsylvania and came to Ohio with
his parents in 1802. Mr. Everett is of English descent. His ancestors came
to America in 163G, settled in Massachusetts and early in the eighteenth cen-
tury moved to Pennsylvania. His grandfather, although too young to enlist
during the Revolution, was employed as courier and bearer of dispatches, and
was attached to "Washington's army. His mother, Sarah Pheil, born in Penn-
sylvania, was of Prussian extraction. Her father came to the United States
in 1795, settling in Pennsylvania at Little York, and in 1808 the family re-
moved to Columbiana county, Ohio. For several hundred years the Pheils
have been prominent in Prussia. During the Franco-Prussian war one of that
name was chief quartermaster general of the Prussian army. Young Ever-
ett's education was obtained in the public schools of his native county until
he was fourteen years of age. In 1850 his parents moved to Cleveland, where
he continued and completed his education in the public schools. In 1856, hav-
ing determined upon law as his profession, he entered the office of Mason &
Estep, and commenced his studies. Later he entered the Cincinnati Law
School and was graduated in 1858. Returning to Cleveland he continued in
the office of his preceptors for two years, in the meantime having been ad-
mitted to practice by the district court in Hamilton county. In 1860 he
opened an office and commenced the practice of his profession alone. In 1866
he went to Montana, where he engaged in gold mining some years. Return-
ing to Cleveland in 1871 he at once resumed the practice of law, and shortly
afterwards formed his first partnership with ex-Judge McMath, under the firm
name of McMath & Everett. This association continued but a short time,
when he withdrew and formed a partnership with M. B. Gary. Later his
nephew, Frank E. Dellenbaugh, became a member of the firm, the name and
style becoming Everett, Gary & Dellenbaugh. Shortly afterwards Mr. Gary
retired and the firm became Everett & Dellenbaugh and later Everett, Dellen-
baugh & Weed, and so continued until 1895, when Governor McKinley ap-
pointed F. E. Dellenbaugh to the Common Pleas Bench of Cuyahoga county.
In January, 1897, Mr. W. D. Meals and Mr. E. E. Sluss were taken into part-
nership and the style of the firm became Everett, Weed, Meals & Sluss, since
which time no changes have been made. Mr. Everett has for years enjoyed
a large and profitable practice of a general character. He is of a studious
turn, devotes great care and thought to the preparation of his cases, and con-
ducts the trial of a case with great skill and ability. He is a man of high
moral character and his standing in the community is of the highest order.
He always has been a Republican, consistent in the support of party principles
and taking at all times as active interest in party matters as his professional
work would allow. With the exception of six years in the Cleveland city coun-
cil he has never held office. In 1874 he was elected a member of the council
for a term of two years and thereafter was re-elected for two successive terms,

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being president of that body during the last term. He is an active Mason,
having attained the Knight Templar degrees. In 1868 he married Fannie S.
Johns, a native of Devonshire, England, who came to this country and to the
State of Ohio as a child with her parents, settling in Cleveland. There are no
children living by this union. Mrs. Everett is living.

LEONARD CASE, Cleveland. The late Leonard Case, Senior, was born July
29, 1786, in Westmoreland count} 7 , Pennsylvania, near the Monongahela river.
His father, Meshach Case, was of Holland stock. The grandfather was one of
four brothers who came to this country from Holland early in the last century.
We know little of these brothers as individuals, only that they came from a
nation that had fought the longest and bloodiest wars for religious and civil
liberty against the Spanish inquisition, and had become the rival of Great
Britain for the supremacy of the seas, and in planting colonies in America,
Africa and the East Indies. These four Case brothers settled on Long Island
and in Morris county, New Jersey, and one of them, Butler, moved into
Westmoreland county, Pennsylvania, in 1778, where Meshach, a farmer, the
father of the subject of this sketch, met and married Magdalene Eckstein in
1780. On the maternal side there is more knowledge of the family history.
Leonard Eckstein, the grandfather, was a native of Bavaria, and was born near
the ancient city of Nuremberg, the old walled and castellated city founded in
medieval times, about ninety miles from Munich. Some of the brothers of
Leonard Eckstein were sculptors and carvers. One worked for Frederick the
Great in Berlin and Potsdam, and others at The Hague in the Netherlands.
In 1750 Leonard Eckstein landed in Philadelphia, pushed on to Virginia,
married in Winchester and moved again into western Pennsylvania, where his
daughter Magdalene and Meshach Case were married. As the fruit of this
union of the Holland and German stock eight children were born, Leonard
being the oldest. In 1799 his father and mother went on an exploring expedi-
tion into Ohio, and on horseback came into the Connecticut Western Reserve,
bu} 7 ing two hundred acres of land in the township of Warren, Trumbull
county. Before returning they had raised a log cabin and cut away an acre of
timber around it. The next spring, April 26, 1800, the family arrived on the
spot, and with them came several of their Pennsylvania neighbors. There
were not fifty people on the whole domain of the Connecticut Land Company.
It was here they celebrated their first Fourth of July. Mr. Case in his
narrative gives an account of the celebration, when even the musical instru-
ments were made on the spot, the drum from the trunk of a hollow pepperidge
tree with a fawn's skin stretched across the ends, and the fife from a large,
strong stem of elder. Every settler, man and boy, had a gun. From April,
1800, to October, 1801, the lad (Leonard), upon whom the whole family leaned
for the heaviest work on the farm and for hunting game (deer and bear), was in
robust health and untiring strength. Suddenly he was prostrated with fever,

BENCH AND BAR OF OHIO.

161

in consequence of crossing Mahoning river when overheated in pursuit of the
cattle, resulting in ulcers, which made him a cripple for life, and he was never
free from pain during the long years of his life. This sickness was prolonged,
and it was not until the end of two years that he was able to get up and about.
He determined that he would not be dependent upon charity or the labor of
others. He schooled himself in reading and writing, made instruments for
drafting, and in order to get books and clothes bottomed all the chairs in the
neighborhood, made riddles and sieves for the grain of the farmers, and finally
found himself necessary to those around him. Then his handwriting attracted
the attention of the clerk of the court at Warren, and in 1806 he was absorb-
ing all that there was to know in the laws and land titles of the county. He
was appointed clerk of the Supreme Court for Trumbull county in 1806, and
had an opportunity to study and copy the records of the Connecticut Land
Company in the recorder's office, and when he was employed by General
Simon Perkins, who was the land agent of the company in 1807, he was made
his confidential clerk. From that time until 1844, when General Perkins died,
they were bound together in strong and true friendship. He studied law
under the direction of John D. Edwards, who at that time held the office of
recorder of Trumbull county, then comprising all of the "Western Reserve.
While studying law he made an abstract of the drafts of the Connecticut Land
Company, showing from the records of that company all the original pro-
prietors of the Reserve and the lands purchased by them, an abstract which
was so correct that it became the standard beginning of all searches of land
titles, and is still copied and used by all the abstractors and examiners of titles
in all of the twelve counties of the Reserve. The war of 1812 found Mr. Case
at Warren, having among his other duties that of the collection of non-resident
taxes on the Western Reserve. Having to go to Chillicothe to make his set-
tlements, he prepared for his journey to the State capital by making a careful
disposition of all official matters, so that in case of misfortune to him there
would be no difficulty in settling his affairs and no loss to his bail. The money
belonging to the several townships was parceled out, enveloped and marked,
in readiness to hand over to the several trustees. The parcels were then
deposited with his friend, Mr. Edwards, with directions to pay over to the
proper parties should he not return in time. The journey was made without
mishap, but on his return he found that his friend had set out to join the army
on the Maumee, and had died suddenly on the way. To the gratification of
Mr. Case, however, the money was found untouched where he had left it. In
1816 Mr. Case received the appointment of cashier of the Commercial Bank of
Lake Erie, just organized in Cleveland. He immediately removed to Cleve-
land and entered on the discharge of his duties. These did not occupy all of
his time, so he practiced law and conducted the business of land agent. The
bank was compelled to suspend operations, but later was revived with Mr.
Case as president. He earnestly devoted himself to the practice of law. He
had a natural taste for the investigations of titles and the history of the
earlier land transactions. He had ample scope to gratify his taste, and his

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BENCH AND BAR OP OHIO.

agency for the Connecticut Land Company from 1827 to 1855 enabled him
still further to prosecute his researches. His strong memory retained the
facts acquired until he became complete master of the whole history of titles
derived from the Connecticut Land Company. From his earliest connections
with Cleveland Mr. Case took a lively interest in the affairs of the village, the
improvement of the streets, the maintenance and enlargement of the schools
and the extension of religious influences. To him Cleveland is indebted for
the name of " Poorest City" more than to any one man. It was his thought-
fulness and public spirit that the work of planting shade trees was commenced.
From 1821 to 1825 he was president of the village. When Cuyahoga county
was created he was the first auditor. From 1824 to 1827 he was a member of
the State legislature, where he was distinguished by his persistent labors in
behalf of the canals. He organized and drafted the first bill providing for
raising taxes on lands according to the value. They had been before that
time taxed so much per acre without regard to their value. This change in
the method of raising taxes has been continued. Out of his experience and
practical sense he was enabled to furnish a system of checks for the systematic
estimates and auditing of accounts on the great public works then set on foot,
which was adopted, and proved a safeguard against frauds, jobbery and defal-
cation. He headed the subscription to the stock of the Cleveland, Columbus
& Cincinnati Railroad Company with the sum of $5,000, and was largely
influential in the organization of this first railroad project for Cleveland. One of
his rules from which he never deviated was not to contract a debt beyond his
ability to pay within two years, without depending upon a sale of property.
His opportunities of buying in the earlier days were, of course, unlimited, but
he never refused to sell lands, and never placed any obstacle to their settlement
and improvement by keeping large tracts out of the market. He married at
Stow, Portage county, September 28, 1817, Elizabeth Gaylord, a native of
Middletown, Connecticut. His son, William, was born August 10, 1818, after-
wards mayor of Cleveland, and Leonard, June 27, 1820. There were other
great men in Cleveland in those days, but Leonard Case, although feeble
physically, was a tower of strength; broad, square and lofty in wisdom, char-
acter and financial stability. He was looked upon as the source of all wisdom
on all Ohio land laws, most of which he had helped to make. There was not
a man, woman or child that did not feel at liberty to approach and shake his
friendly hand. A sufferer of physical pain from his boyhood days, he was
never known to complain. Both of his sons were quick and diligent in their
studies. William devoted himself to looking after the interests of his father.
Leonard entered Yale and graduated with honors in the class of 1842. He
afterwards read law, but literature was more to his liking. It was the second
son that by deeds of trust to valuable real estate founded the " School of
Applied Science" in Cleveland, which will ever stand as a worthy monument
to both father and son. Leonard Case, Senior, died December 7, 1864, in his
seventy-ninth year.

Note— We are indebted to Judge J. D. Cleveland, now President of the board of trustees for the School
of Applied Science, for the valuable data from which this sketch is prepared.

The Cent ury i'tiMishmg SiEiigraviixl Co. Clue* kit

BENCH AND BAR Ob 1 OHIO.

163

FBANKL1N ADAMS, Bucyrus, The name of Adams is one of the most
honored as well as eminent of all names in the history of the American Colo-
nies and the Kepublic of the United States. The subject of this biography is
descended from a collateral branch of the same family that inspired the Con-
tinental Congress and furnished two Presidents of the United States. He was
also a native of New England, born at Alsted, New Hampshire, on the 16th
of November, 1813. His father was John Adams, a farmer, and his mother
bore the name of another historic New England family — Morse. His ances-
tors, of course, were English, and they were also among the early emigrants
to Massachusetts. Frank Adams attended the common schools in early boy-
hood and acquired such knowledge of the common branches of learning as
these schools were able to impart. Later he attended, as a student, acade-
mies located at Middlebury, Wyoming county, and Henrietta, Monroe county,
in the State of New York. At the threshold of manhood he came West,
located in Ohio, and took up the preliminary reading and study, of the law,
first under the instruction of Silas Bobbins, of Ashland, and later under that
of James Purdy, of Mansfield. He was admitted to the Bar of the State by
the Supreme Court of Ohio at the July term held at Bucyrus in 1836, and by
the District Court of the United States held at Columbus in 1839. He settled
permanently at Bucyrus before entering upon independent practice, and
has remained there. While his practice has been general, covering the usual
variety of litigated cases that make up the docket of nisi jyrius courts in a
country town, he has given special attention to chancery cases and business
appertaining to the administration of estates. However sedulous his applica-
tion to the books may have been, however careful and exact his pleadings were
prepared, however alert, shrewd and persistent at the trial table, and however
able, logical and convincing his arguments before a court or jury may have
been in the conduct of litigation, it may confidently be asserted that his great-
est victories as a lawyer have been achieved out of court. When clients have
com/ 1 to him in a spirit of contention he has advised them to compromise the
differences with their neighbors rather than take their complaints into court.
Even in the early years of his practice it was not unusual for disputants to
bring before him their respective grievances for arbitration and for him to
become, in the best sense, counsel for both parties. The integrity of his mind,
the amiability of his disposition, his unfailing tact, his insight into human
nature, and his regard for equity as well as law, enabled him to solve hun-
dreds of difficulties and restore the relations of friendship and confidence
between men who came to him out of temper, ready to destroy each other's
substance by litigation. The wisdom of his counsel so often and deeply
impressed disputants that it is claimed the private records of Mr. Adams' law
office, if brought to light, would disclose the amicable settlement of more cases
out of court than have been tried in the courts of Crawford county during the
last fifty years. However this may be, there is little doubt that scores of
thrifty, upright citizens of the county have found in their own experiences
abundant reason for adopting the beatitude, " Blessed is the peacemaker " —

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especially if he is at the same time a lawyer. Franklin Adams is in no sense
a timid or a weak man ; for such a man is never skillful in diplomacy. He is
courageous, strong and honest. Moreover he is a great chancery law} 7 er —
probably the greatest in his section of the State. His profound knowledge of
the law and his keen discernment of the principles of equity united make
this pre-eminence possible. His character and his reputation for honesty, so
thoroughly established as to be unquestionable, have gained for him the
highest standing at the Bar and the fullest confidence of the community.
Naturally reserved in manner, as students usually are, and strong in himself,
he does not seek to form the confidential relations with a multitude. His
acquaintances are many ; his intimates are few. He is kind and benevolent
and his charities are dispensed without ostentation. Mr. Adams is a Demo-
crat in political affiliation, but has never held office except that of prosecuting
attorney of Crawford county, which he filled for seven years. His residence
at Bucyrus has been continuous since 1837. He has never married.

WILLIAM S. WAGNER, Tiffin. The subject of this biography is a native
of Seneca county, and has never resided elsewhere. His mother's father settled
in the county in 1829. Her name was Catherine Berke} 7 . Her grandmother's
father, named Carpenter, was a soldier in the Eevolutionary War. His extrac-
tion through paternal ancestry is Dutch. His father came to Seneca county
in 1846 and purchased a farm, on which his home was established, and which
he cultivated successfully. William was born June 27, 1860, and his early
education was received in the public schools. Later on he attended the normal
school at Ada to qualify himself for teaching, which became his gateway to
the profession of law. For the five years next ensuing he taught in the public
schools of Seneca county, and employed all his leisure in reading the standard
text books of the law. He spent 1885 and a portion of 1886 in Kansas, and
upon returning home applied himself sedulously to the study of law in the
office of George E. Schrotb, of Tiffin. Upon passing the required examination
he was admitted to the Bar in 1889, and immediately thereafter engaged in a
general practice alone. At the opening of his practice he was fortunate in
representing the Union Central Life Insurance Company in their investments
in several counties. While the work was heavy and the duties exacting, the
opportunity was of vital importance in the experience and knowledge of real
estate law required. The study of titles and conveyances, essential to the suc-
cessful management of the insurance company's business, made him a sound
title lawyer, and afforded a material part of his substantial qualifications for
the office which he now holds. While at all times interested in political ques-
tions, and active in support of his party in campaigns, Mr. Wagner has not
been a candidate for any office until his nomination for judge of the Probate
Court in 1896. He was elected to that office in November, and entered upon
the four-year term of judicial service in January following. The unusual

BENCH AND BAR OP OHIO.

165

advantages enjoyed during the six or seven years of practice were in the nature
of a special training for probate business, and he is therefore able to dispatch
it with unusual facility and accuracy. His majority, the largest ever given in
the county for a candidate on the Democratic ticket, may be accepted as the
popular estimate of his fitness for the office as well as the measure of his per-
sonal popularity. For the number of years spent in professional reading and
practice he is a capable, strong and well-informed lawyer. He is active, diligent
and intensely earnest in the prosecution of his practice in the management of
judicial business. As a man he is honest and fair-minded; as a citizen he is
progressive and public-spirited. He is not a churchman, but bears a good
reputation. As evidence of his cautious investigation into the merits of a con-
troversy, and his carefulness in the preparation of complaints and pleadings, it
is proper to state that in all his experience at the Bar he has lost only two
cases in which he represented the plaintiff and brought the action. He sup-
ports the Democratic party actively in all city, county, district, State and
National campaigns.

JOHN H. RIDGELY, Tiffin. Honorable John H. Ridgely, late judge of the
Court of Common Pleas, is one of the prominent and successful law3 T ers of
Seneca county. He is a native of Allegheny county, Maryland, where he was
born on the 16th day of August, 184T. His parents, William Ridgely and
Catherine Hoye, were also natives of Maryland. In fact, the Eastern Shore of
that State was the cradle of the family in America. Five brothers settled there
in the seventeenth century, coming from England, and from them all of the
Ridgelys in the United States are supposed to have descended. The family
records in possession of the judge are not complete as to the achievements of
the several members, but historical information of a trustworthy character
proves that many of them have occupied prominent positions in Maryland and
some have distinguished themselves in the civil and military service of the
country. Judge Ridgely 's father was a merchant at Grantsville, Maryland,
and the owner of a fine farm in the neighborhood, which he operated for many
years, rather as a diversion, while the main drift of his pursuit was commer-
cial. The judge was only one year old at the time of his father's death. His
education was begun in the schools of Grantsville, where he remained until
fifteen years of age. In 1862 he came to Tiffin, Ohio, for the purpose of com-
pleting his classical education in Heidelberg University. He entered the uni-
versity and pursued his studies until June, 1863, when he was impelled by
patriotic fervor and the general war excitement throughout the country to offer
his services to the Nation. He enlisted in Company I, Eighty-sixth Regiment
Ohio Volunteer Infantry, and went into active service under General Burn-
side in southern Kentucky and thence into eastern Tennessee, near Knoxville,
where he remained with the regiment until March, 1864. The command then
being mustered out by reason of expiration of time of enlistment, he returned
to Tiffin and re-entered the university. In February next following he enlisted

166

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again and was mustered in the 197th Regiment Ohio Volunteer Infantry,
serving with the command around Washington and in his native State until
the close of the war. Mustered out finally in August, 1865, he returned to
his classes and pursued his studies until June, 1867, when he was graduated as
a Bachelor of Arts. Going back to Maryland immediately afterwards he took
up the study of law at Cumberland, in the office of George A. Pearce, then one
of the prominent lawyers of the State. He passed the required examination
and was admitted to the Bar in 1869. During his term in college he had
formed attachments at Tiffin which led to his location there as soon as he was
prepared for practice. He settled in that city in January, 1870, and continued
in active practice until 1887, when he was elected judge of the Court of Com-
mon Pleas for a full term, which expired in February, 1893. He was accus-
tomed to take all kinds of cases offered to a general practitioner in a country
town, and by his assiduity and fidelity succeeded in building up a large client-
age and a profitable business. Judge Ridgely has had his full share of the
important litigation in the courts of Seneca county, and his successes have
been commensurate with the number of his clients, and the magnitude of inter-
ests involved. At the Bar his knowledge of the law, his industry in learning
all that can be known of his faithfulness to clients, and courtesy to

brethren commend him. For the Bench he was peculiarly well fitted. Natur-
ally of a reserved and somewhat conservative nature he could not be led away
from justice by any momentary impulses. In his decisions he recognized no
friendships, no enmities. Never was litigation known to suffer at his hands by
considerations of a personal nature, but on the contrary his decisions were
reached and judgments rendered only after the most careful and impartial
examination of the facts and the law applicable. His integrity was never
questioned, and through the reputation made by him during his six years on
the Bench he found awaiting him on his retnrn to the practice a large and
remunerative clientage. No member of the Bar in the State is held in higher
esteem than is Judge Ridgely throughout the judicial district in which he pre-
sided. In private and social intercourse he stands well among men and natur-
ally takes his place with the best of the community. He is a Mason, a Knight
Templar, and member of De Molay Commandery of Tiffin ; a member of the
Grand Army of the Republic, and commander of William H. Gibson Post
No. 31. He is a director of the Tiffin National Bank, and a member of the
board of trustees of Heidelberg University. His wife, formerly Miss Ella E.
Bacher, of Tiffin, to whom he was married in 1870, was a fellow student and
a graduate of the same college as her husband, and 'twas within these classic
walls that the acquaintance began, which ended in a life long union.

BENCH AND BAR OP OHIO.

167

DAVID J. NYE, Elyria. Few men at the Ohio Bar and on the Bench
deserve greater credit for the position attained than the Honorable David J.
Nye, who is now one of the judges of the Court of Common Pleas for the dis-
trict embracing Lorain, Medina and Summit counties. David J. Nye was
born in the town of Ellicott, Chautauqua county, New York, on the 8th day
of December, 1843. His father, Curtis F. Nye, was a native of Vermont, and
as a young man removed to New York, settling in the central part of the
State with his parents. When of age he removed to Chautauqua county,
where his son David was born. Shortly after David's birth he went to Otto,
Cattaraugus county, where the son received his early training. His mother,
Jerusha Walkup, was also a native of Vermont, settling with her parents in
New York while in her girlhood. Young Nye attended the district schools
until he was eighteen years of age, devoting much time during this period to
work on his father's farm. He then entered Randolph Academy for the
spring and fall terms of 1862, and in the winter taught district school, return-
ing in the spring of 1863 to Randolph for one term, and the following winter
taught near the academy. In 1864, upon the invitation of a friend, he came
to Cuyahoga county, and taught school for four months in Bedford township.
The following spring he returned to New York, remaining until fall. He
then settled in Ohio, teaching school in Boston, Summit county, for the winters
of 1865 and 1866. In the spring of 1866 he entered Oberlin College in the
preparatory department. Up to this period he had taught school during the
winters and worked on the farm in the summer. In 1867 he entered the
Freshman class, and thus his collegiate course commenced. He continued to
teach school during the winters, but, however, applied himself with such dili-
gence as to take an honorable position in the class, passing all the examinations
required of him with credit, just the same as if his attendance had been regu-
lar, completing his college education in th£ prescribed term of four years,
and received his degree of Bachelor of Arts in 1871. In July, 1883, Oberlin
College conferred upon Mr. Nye the degree of Master of Arts. Not only was
he able to maintain his literary standing as a student in college, after giving
one-third of his time to the work of teaching, but during the Senior year he
filled the position of superintendent of schools at Milan, Erie county, to the
entire satisfaction of the board of Education. More than this, he found time
to keep up the study of law. The bent of his mind from early boyhood had
been toward the law, and his determination to qualify himself for the profes-
sion was firmly fixed even before he began to teach. Upon entering Oberlin
College he bought a copy of Blackstone, which he studied assiduously during
his leisure hours. There seemed to be no limit to his capacity to read and
study, or to his versatility. He could manage a large public school, teach
some of its classes and hold steadily to his course in classical, psychological
and literary studies, at the same time mastering the fundamental principles of
law as laid down by Blackstone. After he received his degree, and at the
solicitation of the board of education of the Milan schools, he accepted the
superintendency for another year, in the meantime pursuing the study of law.

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BENCH AND BAR OF OHIO.

He was admitted to the Bar at Elyria in August, 1872. From the time he
entered Randolph Academy until he was admitted to the Bar he paid all his
expenses by his own labor, receiving no financial aid from any other source.
In October following his admission to the bar he went West, locating at
Emporia, Kansas, where he engaged in the practice of his profession. Finding
that a residence there would not be congenial to his taste, five months later,
in March, 1873, he returned to Ohio, and entered the office of John C. Hale at
Elyria (now the presiding judge of the eighth Circuit). Here he pursued the
study of law under the direction of Judge Hale for one year. In 1874, being
qualified and self-reliant, he opened an office at Elyria and proceeded to build
up a practice. He continued in active practice for seventeen years, and during
this period established himself in the confidence not only of the profession but
of the public in general. He served as prosecuting attorney of Lorain county
from 1882 to 1885, and was also county school examiner for a time, and a
member of the board of education and member of the city council at Elyria.
In 1891, when it became necessary to elect a judge of the Court of Common
Pleas, several aspirants for the honor presented themselves. The attorneys
of Lorain county agreed among themselves that the Republican members of
the Bar should choose the candidate of the party to be supported by the
attorneys of Lorain county, and that their choice should receive their unani-
mous support. In pursuance of this agreement Mr. Nye was chosen. He
received the nomination of his party at Medina in July, 1891, and was elected
in November following, and entered upon the discharge of his official duties
on the 9th day of February, 1892. His record as a judge has tended to con-
firm the public estimate of his character and to advance his reputation in the
profession. It could be truly said of him that he is an excellent lawyer and an
able jurist. Always successful as a practitioner, his work upon the Bench gives
promise of being equally successful, and after nearly six years it can be said
that as a judge he has done what but few jurists have ever accomplished — made
himself not only satisfactory to lawyers but to litigants. Being a man of good
business attainments, possessed of an accurate knowledge of the law, his advice
to clients, and services in their behalf, have won for him an excellent position
at the Bar. As a lawyer and a judge he has achieved success and occupies an
honorable position. As a judge he has taken great pains to examine the
authorities submitted by counsel, and to obtain a correct and clear under-
standing of the law as well as the evidence in the case, being careful and con-
scientious because he is actuated less by pride of opinion than by a desire to
reach a correct conclusion. His judicial opinions are not only plain and easily
followed, but they are usually strong enough to bear review by a higher court.
In one important case involving the right to have debts deducted from
national bank stock for taxation, Judge Nye held that such deductions could
not be made under the laws of Ohio. This decision was afterwards affirmed
by the Supreme Court of the State. During his service on the Bench, but one
criminal case has been reversed that he has tried. Judge Nye is now serving
his second term, having been re-elected in 1896. He possesses that kind of

BENCH AND BAR OF OHIO.

169

civic virtue which is allied to enterprise and public spirit. He is a stockholder
in the Garford Manufacturing Company, the largest manufacturers of bicycle
saddles in the United States, and a director and stockholder in the Savings
Deposit Banking Company of Elyria. In politics Judge Nye is a Republican
and thoroughly grounded in the principles of his party. Socially he is a mem-
ber of the Masonic Order, being a Knight Templar and Ancient and Accepted
Scottish Rite Mason. In 1880 Judge Nye married Luna, daughter of Alfred
Fisher, Esq., of Cuyahoga county, Ohio, a highly respected citizen, being one
of the early pioneers who settled at Independence. Mrs. Nye is a true and
faithful wife, an affectionate and devoted mother. By this union there are
two sons, David Fisher Nye, born October 27, 1882, and Horace Hastings
Nye, born August 4, 1884.

ROLIN W. SADLER, Akron. The late Rolin W. Sadler was born at Center-
ville, Michigan, July 7, 1855. He removed to Ohio in 1867 with his parents,
who located at Bryan. His father, James G. Sadler, was born of English
parents in Ireland. His mother was Loretta J. Sutton, of Scotch parentage.
In 1871 young Sadler entered Baldwin University, where he remained one
year. He then entered Mount Union College, Ohio, and was graduated in
1874. The two years following he was principal of the public schools of Read-
ing, Michigan, and Bedford, Ohio. In 1876 he entered the law office of
Edgerton & Kohler, at Akron; was admitted to the Bar in 1878, commencing*
practice at once in Akron. In 1879 he formed his first partnership with
the Honorable J. A. Kohler, now on the Common Pleas Bench and once
attorney-general of Ohio. This partnership was dissolved in 1884 upon Mr.
Kohler's election to the attorney-generalship. Mr. Sadler then formed a
partnership with Harvey Musser, which lasted eighteen months. He then
practiced alone until 1892, when he became a member of the firm of Marvin,
Sadler & Atterholt. In 1895, upon the appointment of Judge Marvin to the
Circuit Bench, the style of the firm was Sadler, Atterholt & Marvin, D. L.
Marvin being the junior member. This was the style of the firm at the time
Mr. Sadler received the injuries caused by the running away of his horse,
which resulted in his death three days later, February 22, 1897. In Septem-
ber, 1880, he was married to Carrie M. Comstock, of Bedford, Ohio, and
by this union two children were born, a son and a daughter. Mr. Sadler was
a devout member of the First Methodist Episcopal Church of Akron.
He was a Republican who always took great interest in part) 7 affairs and
made many speeches in Ohio and other States. He never sought or held
political office. The following estimate of Mr. Sadler as man and lawyer
is taken from the proceedings of the Akron Bar, at the meeting held after his
death :

" Unlike most young lawyers, who are compelled to sit and wait for a
clientage, and to endure what some one has called ' dignified starvation, 5 Mr.
Sadler was offered, and accepted, an advantageous partnership with one

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of his preceptors, Mr. J. A. Kohler, now one of our Common Pleas judges
of this district. This partnership, together with his extensive acquaintance,
formed largely as we have above indicated, gave him plenty of business from
the start, and at once afforded him an opportunity to bring into play those
splendid faculties with which he was by nature endowed, and which, even
then, were finely developed. From the date of Mr. Sadler's admission to the
Bar he was identified, not in a formal or nominal way, but actively, with
much of the important litigation, civil and criminal, in this county. His life
became a part of the judicial history of this part of the State. His practice
was as general as his abilities were varied. He was not a specialist ; he was
an all around lawyer. His specialty as a lawyer was the law, and he mastered
every branch of it. The law} 7 er of the past has been essentially the student
and advocate; the lawyer of to-day is the man of business, of tact — the
counsellor. Mr. Sadler combined all these qualities. He was as ready with
figures as is the trained accountant or the skilled book-keeper. He seldom
erred in giving advice, for he never advised except as he was thoroughly
informed, and he was usually informed. He was skillful in examination, and
a master in the art of cross-examination. As an advocate he had few
superiors at the Bar of Ohio. The compliment he once paid an associate in
the defense of a client who was technically guilty of a crime, justly applies to
him. As he listened to the eloquence of his colleague he whispered to one of
your committee who was seated at the Bar table beside him, ' That is art —
consummate art.' He was master of the art of advocacy. He was devoted
to his cause ; he was always true to his client ; he never betrayed him. No
one could truthfully say that Mr. Sadler did not do all in his power,
exert himself to the utmost, honorably to win his cause. Lord Brougham, in
his celebrated defense of Queen Caroline, in speaking of the duty of the
advocate to his client, said : ' To save that client by all means and expedients,
and at all hazards and costs to other persons, and, among them, to himself, is
his first and only duty ; and in performing this duty he must not regard
the alarm, the torment, the destruction which he ma} T bring upon others.' "

With the qualification "honorable" before the word "means," Mr. Sadler
filled the requirements of Lord Brougham. In the trial of a cause he knew but
one man, and that man was his client. He had tact. He was full of
resources. If one resource proved unavailing, he resorted to another and
another until the victory was his. These qualities, so essential in an advocate,
and which Mr. Sadler possessed so abundantly, may be best shown by an
illustration. He was trying a cause to a ju^. He singled out one juror and
directed his argument to him. His opponent at once objected, and the Court
suggested that he should not single out any one juror, but address the entire
panel. Quick as a flash he turned and said : " Well, gentlemen of the jury, if
I were permitted to address Mr. Smith, I should say," and he proceeded to
state what he had been addressing to the single juror. He was honorable not
only to his client, but to his associates and to his opponent. He never settled
a case with an opposing client without the approval and consent of opposing
counsel. He was always watchful, not only of his own, but of the fees of his
associates and of opposing counsel. He believed that the lawyer, like the lay-
man, should be paid for his services, and he discounted and condemned every
effort upon the part of the client to defraud his counsel. He believed that
lawyers should not underestimate their own services, knowing that such esti-

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171

mate would be adopted by their clients. Socially, Mr. Sadler was kind, genial
and companionable. He appreciated enjoyment, and had a keen perception
of the humorous. His varied literary tastes led him to read history, fiction,
biography and poetry. His addresses and arguments were marvels of rhetoric,
and were always adorned with the choicest of classic and historic gems. His
efforts were always brilliant, never commonplace. Had he been spared to still
further develop his splendid abilities, we believe he would have become not
only one of the great lawyers of the State, but that he would have attained
National fame. Flis tragic end'illustrates the truth of the saying, " Death
loves a shining mark."

CHARLES BAIRD, Akron. Charles Baird was born at Akron on the 25th
of March, 1853, of Scotch parents. His father, Robert Baird, a blacksmith by
trade, was born in the parish of Kineff, Kincardineshire, Scotland, and came to
this country in 1843, settling at Akron. His mother, Helen Knox Moir, was
born in Brechin, Forfarshire, Scotland. She came to Akron in 1846, where she
was afterwards married to Robert Baird. Charles Baird's education was in
the public schools of his native town. Passing through all the grades he was
graduated from the high school in 1872. He afterwards took a course in Latin
and Greek at Buchtel College. On June 20, 1888, the board of trustees of
Buchtel conferred upon Mr. Baird the honorary degree of Master of Arts. In
xVugust, 1873, he entered the office of Upson & Ford and began the stud y of
law, and on the 2nd of November, 1875, was admitted to practice by the Su-
preme Court of Ohio, at Columbus. Returning to Akron he next day formed
a partnership with Honorable W. H. Upson, one of his preceptors, the firm of
Upson & Ford having been dissolved and Mr. Ford having left for an eighteen
months' trip through Mexico. The partnership of Upson & Baird continued
until Mr. Ford's return, when the firm became Upson, Ford & Baird. In
March, 1883, this partnership was dissolved upon the appointment of Judge
Upson to the office of justice of the Supreme Court of Ohio. Mr. Baird con-
tinued in practice alone, Mr. Ford retiring from practice. He was at this time
prosecuting attorney for Summit county, having been elected first in 1880 and
re-elected in 1882 for a three years' term, serving five years. In 1891 he
formed a partnership with E. F. Yoris under the firm name and style of Baird
& Yoris. This firm was dissolved in 1895, since which time he has practiced
alone. Mr. Baird has from the time of his admission to the bar been most
active in the profession, enjoying a large practice of a general character. He
is a lawyer of exceptional ability. Possessing a fine legal mind, with acute
perceptive faculties, he is quick to grasp the principles of the law and to dis-
cern the finer distinctions, so as readily to apply the authorities to a cause.
He has always been a student and his close application has enabled him to se-
cure an enviable position in the profession. Clear in his conceptions, strong
in the power of reasoning and forcible in expression, he prepares his cases so
as to protect all vulnerable points and conducts the litigation with much tact.

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His arguments of law before the court and of the facts before a jury are most
effective. His diction and style are perfect. He is recognized by the Bar of
Akron to be the leader at the present time. In recent years his practice has
developed into an extensive corporation business. He assisted in the organiza
tion of the Diamond Match Company, and has since been one of the attorneys
of this great corporation. In connection with Mr. O. C. Barber, of the Dia-
mond Match Company, he organized the Portage Straw Board Company,
which has its mills at New Portage and Circleville, Ohio. Subsequently he
assisted in the organization of the American Straw Board Company, and was
its first secretary. He was one of the incorporators of the Goodrich Hard
Eubber Company, and has since been one of its directors. In 1890, with Mr.
O. C. Barber, J. K. Robinson and A. T. Page, he purchased the present site of
the town of Barberton, the title to the property resting in him as trustee. He
assisted in the organization of the National Sewer Pipe Company (the largest
company of its kind in the United States), the Sterling Company, the Creed-
more Cartridge Company and the Barberton Belt Line Railroad Company. In
the management of all these corporations Mr. Baird takes an active part.
In 1891 he assisted in the organization of the Neracher Sprinkler Company,
with its works located at Warren, Ohio. This company was afterwards
merged into the Neracher & Hill Sprinkler Company, of Columbus, Georgia.
In November, 1892, the Neracher & Hill Company and the Providence Steam
and Gas Pipe Company, of Providence, Rhode Island, were consolidated in
the General Fire Extinguisher Company, of New York, with a capital stock
of $3,000,000. Mr. Baird looked after the legal part of this work, and has since
been a director of the company and its general counsel. He is the adminis-
trator of the Cummins estate and one of the executors of the will of Thomas
W. Cornell, which is the largest estate ever administered upon in Summit
county. In politics Mr. Baird has always been a Republican, and in the early
years of his practice took, an active and lively interest in party, affairs; but in
recent years he has been compelled to devote all his time to the practice of
his profession and the management of his extensive business interests. On
the 10th of February, 1882, he married Lucy Allyn Yoris, a daughter of Gen-
eral A. C. Yoris, and by this union there are five children: Alvin Y., born
December 3, 1882; Helen Elizabeth, born August 30, 1884; Betsey Coe, born
June 11, 1886; Charles, born October 15, 1888; and Katharine, born Novem-
ber 19, 1890. Mrs. Baird and all the children are living.

DAYID L. MARYIN, Akron. D. L. Marvin was born at Kent, Portage
county, Ohio, November 17, 1862. His father, Honorable U. L. Marvin, now
on the Circuit Bench, is a native of Ohio, of English ancestry. His mother,
Dorena A. Rockwell, is also a native of Ohio and of English descent. In 1866
his parents removed to Akron, where he attended the public schools until sev-
enteen years of age, when he entered Kenyon College as a member of the

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173

class of 1885. He left college in 1882 to accept an appointment as examiner
in the United States Pension Office at Washington. He was at that time the
youngest man ever appointed in the pension bureau. Two years later he
resigned to take up newspaper work and was correspondent at New Orleans
during the Cotton Centennial Exposition. "While at Washington he attended
lectures at the Law School of the Columbian University. In 1886 he was
elected assistant civil engineer of the Ohio Public Works, with headquarters
at Columbus and re-elected in 1888 and 1890. During his stay at Columbus he
read law under the direction of Honorable J. A. Kohler, then attorney-gen-
eral, and was admitted to practice in 1889. In 1891 he resigned his office,
came to Akron and became the junior partner of the firm of Marvin, Atter-
holt, Slabaugh & Marvin. One year later the firm became Marvin, Sadler &
Atterholt. Upon Judge Marvin's appointment to the Circuit Bench the firm
became Sadler, Atterholt & Marvin. Since the death of Kolin W. Sadler in
February, 1897, the firm has been Atterholt & Marvin. While Mr. Marvin
has only been in practice a few years he has demonstrated that he possesses
those qualifications which go to make a lawyer. He is naturally a bright and
attentive student, quick to see the weak as well as the strong points of a case.
He is exceedingly careful never to advise a client until he has first satisfied
himself as to the law involved. In pleading he is especially strong. Possess-
ing a genial disposition he makes friends readily. He is a man of high moral
character. In 1888 he married Frances Saxe Fish, and they have one child, a
daughter, five years old. Mr. Marvin is a member of the Psi Upsilon frater-
nity and of the Loyal Legion of the United States. He is a Republican in
politics and for many years has been a member of the executive committee.
Mr. and Mrs. Marvin are communicants of St. Paul's Protestant Church at
Akron.

JOHN" C. WELTY, Canton. John Cullen Welty was born in Tuscarawas
county, Ohio, September 10, 1852, but has lived in Stark county nearly all of
his life. Upon his father's side the family has for three generations been iden-
tified with the State of Maryland, and upon his mother's side for the same
time with the State of New York. In each of these States his ancestors were
prominent in public life, and unusually energetic in the promotion of whatever
cause they espoused. His grandfather on the mother's side rendered notable
service during the war for independence. The father of our subject was a
farmer, and his own early days were spent upon the farm. He attended the
public schools for some time, and afterwards entered Betheny College, West
Yirginia. Upon leaving there he went toMt. Union College, in Stark county,
and there completed his course. He read law with Judge Seraphin Meyer, of
Canton ; was admitted to the Bar in 1877, and immediately commenced the
practice. About one year afterwards he was elected city solicitor, and was
re-elected for three successive terms. This is a distinction never accorded to
the incumbent of that office, either before or since, and the honor was the more

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pronounced from the fact that it was conferred upon so young a man. It was

appreciated as a token of confidence and respect, and undoubtedly stimulated

its recipient to the achievement of still higher purposes ; it also gave him a

taste of the well earned approbation and applause of his fellow men. In 1884

he was elected prosecuting attorney of Stark county, and was re-elected in

1887. From that time to the present, although devoting himself assiduously

to the practice of his profession, he has constantly grown, step by step and

year by year, in the public eye and in public favor until to-day he is one of

the most popular political leaders in his State. He is a man who not only

makes friends, but he holds them. His evident earnestness and sincerity of

character and purpose warm people to him, and compel honesty and sincerity

from others. A friend of his once remarked that associating with him always

recalled the lines —

" Be noble and the nobleness that lies in other men,
Sleeping but Dever dead, shall rise in majesty to meet thine own."

Mr. Welty, with his numerous occupations and engagements, is a lawyer all
the time. He is devoted to his profession and loves its practice. An ardent
student, he is indefatigable in his researches, and indomitable in his energy.
No labor is too great, no pains too tedious for him to get at the bottom of
every detail and every point of a case. At the same time, probably his great-
est power is shown in conducting an important case in court ; he is then in his
element. With his case well prepared, his brain charged with every point
involved, and with the authorities bearing upon them, he is ready for the'intel-
lectual contest. Cool, calm and deliberate, in action and speech, he is never
off his guard. His never-failing courtesy to his opponent, his consummate
tact in meeting every point and every emergency, not only display his ability
and accomplishments, but indicate clearly and emphatically his strength and
great reserve power. He is an eloquent and impressive speaker, either in
court or on public occasions. His matter is always well considered, his argu-
ment clean and concise, his conclusions distinctly drawn and positively stated.
He is a powerful political speaker, never wearies his audience, but holds them
from beginning to end. The strong points of his subject are emphasized, and
stated within the comprehension of his hearers ; he never descends to subter-
fuge or the petty tricks of the stump orator. His impressive appearance and
earnestness, and his great personal magnetism, bring his hearers very near to
him, and inspire them with a confidence bordering on affection. In 1896 the
Democratic district convention was divided upon the issue of the single gold
standard, and the split in that convention was referred to the State convention
at Columbus. Mr. Welty had charge of the interests of the silver contingent,
and after a bitter struggle achieved a signal victory. The opposing element
appealed to the National convention at Chicago, and notwithstanding the fact
that the National committee was in full sympathy with the single standard
gold element, Mr. Welty won his case and seated his delegates. His straight-
forward, frank and manly contention disarmed animus and rendered trickery
abortive. The real points at issue involved legal questions and methods of

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175

parliamentary procedure, and the dispute, conducted in a masterly way, was
held within these limits. This was not the first time Mr. Welty had identified
himself with the friends of silver. When a delegate to the National convention
of 1892, he opposed the nomination of Mr. Cleveland for the Presidency solely
on account of the latter's pronounced hostility to silver. In 1897 he was a
strong candidate for the nomination for governor in the State convention at
Columbus, and many of his friends entertained no doubt that he would have
been the choice of a large majority of the delegates had he not withdrawn.
He, however, declined to permit his name to be placed before the convention,
as in his judgment the perfect harmony of the party was pre-eminently desira-
ble this year, when an unusually stubborn fight was anticipated all along the
line, with the almost assured success of the Democracy. He made his personal
ambition subservient always to the interests of his party. Faithful to his
friends upon all occasions, he can never be diverted from what he deems to be
the greatest good of the greatest number. His active affiliation with the Dem-
ocratic party dates back to his boyhood days. At nineteen he was stumping
his home counties for the party's cause, and right along he has worked strenu-
ously and effectively for the sound principles of Democracy. Never having
sought office or reward, he has maintained a dignified and influential position.
His high standard of political morals, combined with his unquestioned personal
integrity and strength of character, promise eventually to place him among
the Nation's leaders, as the}' have already made him a popular chieftain in his
State. Mr. Welty is a man of substantial means ; he enjoys a lovely home in
Canton, where he is surrounded by all the refinements that a cultured mind
could suggest or desire, and where he entertains his friends with genuine hos-
pitality. He is broad and liberal in his views on the most important questions
in life: he is big hearted and generous, deeply interested in all that tends for
the welfare of his city and county. Among the local enterprises to which he
has contributed his support are the Peoples' Savings Bank, of which he is the
president; the Diebold Safe and Lock Company ; the Crucible Steel Company,
and many others. In public improvements he is always active ; in matters of
church and morals he has been vestryman and treasurer of the Episcopal
Church for ten years, besides being an earnest and generous supporter of all
educational and philanthropic work. He was married October 11, 1878, to
Miss Anna T. Graham, the daughter of Charles H. Graham, a prominent capi-
talist of Philadelphia, Pennsylvania. An eminent jurist, who recently retired
from the Bench in Ohio, contributes the following:

" My personal acquaintance with Mr. Welty has extended over many
years. He is peculiarly and essentially a trial lawyer; he possesses greater
tact and exercises more skill in the trial of a case than any other man I have
known. He is known throughout the entire State, and is recognized by the
members of the Bar as a great trial lawyer. His characteristics are kindli-
ness, affability and courtesy. No matter what attitude the opposing counsel
may assume, it is met by him with a courtesy and attention that throws his
opponent completly off his guard from its unobtrusive and unexpected charac-
ter. He is an excellent judge of human nature, and exercises this faculty

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keenly in the selection of a jury. In examination of witnesses, and in address-
ing a jury, he is exceptionally strong, and is invariably on good terms with the
court. He is a great worker in his office, constantly searching the authorities,
and apparently possesses inexhaustible energy and resources. As a man he is
honest and sincere ; in his friendships, true as steel. He was never known to
speak an ill word of anyone. Kindly in disposition, firm in convictions, strong
of soul, a man of splendid individuality, he is a born leader of men."

ULYSSES L. MARVIN, Akron. Judge Marvin was born at Stow, Summit
county, Ohio, on the 14th of March, 1839. His father, Ulysses Marvin, was
a native of Connecticut and of English ancestry. The Marvins settled in
Connecticut in the early part of the seventeenth century. He is a lineal
descendant of that captain and deacon on whose monument, still extant,
is the inscription, " This Deacon, aged sixty-eight, is freed on earth from
serving (sarvin) ; May for a crown no longer wait Lyme's Captain, Rey-
nold Marvin." His mother was Elizabeth Bradley, whose ancestors were also
among the early English settlers of Connecticut. Young Marvin's early edu-
cation was obtained in the public schools in the neighborhood of his home
until at the age of thirteen he was sent to the Twinsburg Academy, where
he remained for some time pursuing academic studies. He then entered the
Franklin Institute, in which his scholastic education was finished. At the age
of sixteen he commenced teaching in a country school, and in 1861 and 1862
was superintendent of the union schools at Kent, Portage county, Ohio. While
teaching he took up the preliminary study of law under Mr. H. B. Foster,
whose influence and instructions were most helpful. He was a scholarly gen-
tleman and a thorough lawyer. According to the family traditions the Mar-
vin men have either been clergymen or lawyers for many generations. In
compliance with the wish of his father, Judge Marvin determined to enter
upon the st udy of law in earnest and equip himself for practice with as little delay
as possible. With that object in view he entered the office of Edgerton & Sanders,
the former of whom was afterwards appointed governor of the Territory of
Montana, and the latter elected the first United States Senator from the State
of Montana. On the 2nd of May, 1860, Mr. Marvin was admitted to the Bar
at Canton, Ohio, and at once commenced practice in partnership with Mr.
Sanders. Shortly afterwards, upon the breaking out of the Civil War, his
law preceptor went into the army, and he commenced teaching school at Kent.
In August, 1862, Mr. Marvin enlisted as a private in the 115th Regiment Ohio
Volunteers, and in the following year was commissioned first lieutenant in the
Fifth United States Volunteers. In 1864 he was promoted to the rank of cap-
tain, and in the spring of 1865 brevetted major, his commission reading "For
gallant and meritorious service." He was severely wounded before Richmond
on the 29th of September, 1864. He participated in all the engagements of
his division during the sieges of Richmond and Petersburg. At the close
of the war in 1865 he was appointed judge advocate of the district of Newbern,

BENCH AND BAR OF OHIO.

177

North Carolina, and remained in that service until the 4th of October, 1865,
by which time civil government had been established. Upon being mustered
out of service he at once returned to his native State and commenced the
practice of law in Portage county. In the fall of 1867 he removed to Akron,
where he formed a partnership with J. J. Hall, which continued until 1869,
when he was elected probate judge, serving six years. He then formed a
partnership with Mr. Foster and Charles R. Grant, the firm being Foster,
Marvin & Grant. In 1883 he withdrew from the firm, having been appointed
judge of the Court of Common Pleas. Upon retiring from the Common
Pleas Bench he formed a partnership with Mr. F. M. Atterholt, which
continued for nine years. They then associated with them 'Rolin W. Sadler
and D. L. Marvin, under the name of Marvin, Sadler & Atterholt. Judge
Marvin retired when he was elected to his present position as judge of the Cir-
cuit Court of Ohio for the Eighth Circuit. Judge Marvin when in practice
enjoyed a large and lucrative business, having been engaged in many important
cases. He is a lawyer of ability and an orator of note ; has delivered a num-
ber of addresses and made many political speeches. In politics he has always
been a Republican and manifested commendable interest in political affairs,
taking such active part as his law practice and judicial positions would permit.
Judge Marvin is the senior warden of the vestry of St. Paul's Protestant Epis-
copal Church at Akron. He is an active member of the Loyal Legion and the
Grand Army of the Republic. On the 24th day of November, 1861, Judge
Marvin married Dorena, daughter of Honorable David L. Rockwell, of Kent.
Mrs. Marvin is living and there are four sons by this union : David L., a law-
yer at Akron; George U., a journalist at Columbus ; Charles A., a journalist
at Akron ; and Frank R., now a student in "Williams College.

JAIRUS KENNAN, Nor walk. Jairus Kennan, who was honorably engaged
in the practice of law at Norfolk for a period of thirt}^-seven years, died on
the 16th of June, 1872. He was born at Moira, Franklin county, New York,
on the 22nd of April, 1813. His father, Thomas Kennan, was a Presbyterian
minister, a native of Yermont, where his family settled at a very early period.
They were of Scotch-Irish descent. When the Rev. Thomas Kennan began
his ministerial work he removed to New York State, where he resided until
1833, in which year he settled at Norwalk, Ohio. The grandfather of the sub-
ject of this sketch was a colonel in the American Revolution. Mr. Kennan
* came first to Ohio when he was fifteen years of age, joining an elder brother

who resided at Norwalk. He remained two years, and during this period
taught school a part of the time. At an early age he began the study of law.
In 1831 he returned to New York and was for two years a student at Potsdam
Academy. In 1833 his father removed to Ohio and he came with him. He
then entered the office of Judge E. Lane and began regularly the study of his
profession, and in 1835 was admitted to practice. At different times he was

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in partnership with Gideon T. Stewart, G. R. Walker, B. F. Bryant, and at
the time of his death his son, Colonel C. L. Kennan, was his partner. Mr.
Kennan was one of the oldest members of the Bar at the time of his death.
He commanded the confidence and respect of all who knew him or who had
business with him. Every trust confided to him was always faithfully dis-
charged. He never carried a case in court until he had first exhausted every
means of settlement. For a number of years he was interested in the old
Norwalk Seminary. All his life he was prominent in church work. He helped
build the First Presbyterian church; also the Second, which was completed
about a year before his death. No man was ever more useful in church work.
He was leader of the choir for a full generation. He had been connected with
Sunday school work longer than any other member of the church, and as an
elder he was second to no man in usefulness and fidelity. In his fatuity his
gentle, quiet, unconscious influence and character were most marked, and at
his death the heart of an intelligent, cultivated. Christian husband and father
had ceased to beat. In 1837 Mr. Kennan married Charlotte E. Gardiner, a
sister of John Gardiner, president of the Norwalk National Bank. She was a
native of New London, Connecticut, and of English ancestry. Of the nine
children born of this union eight are living, two daughters and six sons.

C. WOODRUFF OSBORNE, Painesville. C. W. Osborne was born at
Mesopotamia, Trumbull county, Ohio, on the 31st day of December, 1845.
His father, Rev. Hezekiah W. Osborne, was a Presbyterian minister; came
to Ohio in 1836 from New York State, where he was born, and was for six-
teen years pastor of the church at Mesopotamia. In 1852 he removed
to Hambden, Geauga county, where he died in 1854. He was of English
descent. His mother was Evelina L. Smith, of New Haven county, Connect-
icut, and was of the Smiths of North Haven, Connecticut. Mr. Osborne's
early education was obtained in the common and select schools of Hambden.
Later he entered the Kingsville Academy, Ashtabula county, and was grad-
uated therefrom in 1866. He then became a teacher in the district and
high schools of Ashtabula, Lake and Geauga counties for five years. During
this time he commenced the study of law. He then entered the office of
Canfield & Canfield, at Chardon, where he remained one year preparing him-
self for the practice of the profession he had chosen for his life work, and on
the 2nd of September, 1872, he was admitted to practice. He at once
opened an office at Chardon, but shortly afterwards he formed a partnership
with T. W. Porter, under the firm name of Porter & Osborne. This con-
tinued about three years, when he. became the partner of Honorable I. N.
Hathaway, the firm name being Hathaway & Osborne. In the spring of 1889,
Mr. Osborne withdrew from this firm, removed to Painesville and soon there-
after formed a partnership with W. A. Breed, the firm being Osborne
& Breed. In the spring of 1897 this firm was dissolved, and the firm of

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179

Osborne & Reynolds was formed, Judge Reynolds having retired from
the Probate Bench of Lake county. Mr. Osborne has for a number of years
been recognized as one of the leading lawyers in north-eastern Ohio, with a
good practice in the State and Federal courts. He was prosecuting-attorney
for Geauga county from 1882 to 1887. He is a member of the American Bar
Association and the Ohio State Bar Association, a prominent Mason, having
attained the 32nd degree, and has been chief officer in all the branches of the
masonic order, including the Commandery. Politically he is a Republican
and has always taken an active interest in county, State and National politics.
He is an effective and ready speaker and from time to time has delivered
many speeches. In the campaign of 1896 he displayed great energy, enthu-
siasm and determination in his efforts on the stump. His speeches were both
argumentative and eloquent. Mr. Osborne in 1872 married Flora A. May-
nard, of Hambden. There are five children — Merton S., Allyn L., Carlotta
M., Bessie E., and Carrie E.

GEORGE E. SCHROTH, Tiffin. Mr. Schroth, prosecuting attorney for Sen-
eca county, is a native of Ohio, of German parentage. His mother, Cathrina
Biehler Schroth, was a native of the province of Alsace and his father of
Wurtemberg, Germany. The senior Mr. Schroth came to the United States '
and settled in Cincinnati about the year 1848, after the revolution in Germany,
in which General Carl Schurz and General Ashboth participated, and on
account of which they became citizens of this country. George Schroth was
born April 7, 1863, at Cincinnati. His education was obtained principally in
the public schools of that city. After passing through the primary and
grammar schools, he entered the high school, where he studied for several
years, but left the city just before his class was graduated. He located at
Tiffin, and soon afterwards began teaching a district school, at the age of six-
teen. This was his avocation for six years, teaching during the school year
and attending the short term of normal school during the summer vacations
at Ada. While teaching he was also a student of law text books. In 1885
he entered the office of John K. Rohn, of Tiffin, for the purpose of complet-
ing his law course. He remained with Mr. Rohn for one year when he was
examined by the Supreme Court and admitted to practice. He opened an
office at Tiffin, and in the time intervening between that date and the present,
has established himself firmly, and secured a lucrative practice. In 1887 he
was appointed school examiner for Seneca county, holding the position for
three years. In 1890 he was elected prosecuting attorney for the county, and
re-elected in 1893. During his term of office as prosecutor, he has tried two
capital cases and secured the first conviction in Seneca county for murder in
the first degree with a death penalty. The first of these cases was that of the
State vs. Marvin Kuhns, an Indiana desperado, who had murdered a fellow .
horse-thief, named Campeau. The evidence was wholly circumstantial and
resulted in a verdict of murder in the second degree, and the accused received

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a life sentence. The second case was one that attracted the attention of the
entire country, and Mr. Schroth, as the representative of the State, has been
eulogized by the press and people in the strongest manner for the able and
impartial discharge of his official duties in the premises. The title of the case
was the State vs. Leon J. Martin, indicted for murder in the first degree.
The capital crime of Martin was the murder of the cit} 7 marshal who had a
warrant for his arrest on complaint charging the minor offense of assault with
intent to kill. The feeling against the prisoner was so strong that an attempt
was made to lynch him, and the official guards who were defending the jail
shot and killed two members of the assaulting mob. What followed has
passed into history. State troops took possession of the jail and protected the
prisoner. Tiffin fortunately escaped the odium attaching to the execution of
vengeance by an inflamed mob, and the slower but defensible processes of the
law were faithfully executed. The prisoner was tried in an orderly manner,
found guilty by the verdict of a jury, and was sentenced by the court to suffer
the death penalty. The case was duly taken to the Circuit and Supreme
Courts on error, and the judgment of the Common Pleas was affirmed. The
case is fully reported by Judge Price in Yol. 13 on page 67 of the Circuit
Court Reports of Ohio. The leaders of the mob were indicted on the charge
of inciting a riot, and the cases against some of them are still pending. Mr.
Schroth has been a fearless and zealous upholder of the law as he finds it. He
is a Republican in politics and an active supporter of the party in every cam-
paign. He belongs to the Knights of Pythias and is a member of the order
of American Mechanics. He was married in August, 1889, to Miss Rose
Wolfe, daughter of Solomon and Mahala Wolfe, prominent citizens of Seneca
county, whose ancestors were among the earliest settlers of northwestern
Ohio. They have one daughter.

EDWIN F. VORIS, Akron. Edwin Francis Voris was born at Akron, July
31, 1855. His father, General Alvin C. Yoris, is an eminent lawyer who was
at one time judge of the Court of Common Pleas of his district, and at the
close of the late war was, in December, 1865, mustered out of the service as a
brevet major general of volunteers, having served through the entire war
with great distinction and gallantry. The Yorises (originally Yan Yoorhees)
are of Holland stock. The first of the name came to this country in 1660 and
settled in New Amsterdam. Mr. Yoris's branch of the family removed thence
to New Jersey, where his great-grandfather was born ; the latter removed
to Pennsylvania where his grandfather was born, who, in 1815, came to Ohio.
The Yorises were prominent during the American Revolution. From first to
last about one hundred of that name took part in the great struggle for inde-
pendence. His mother was Lydia Allyn, born in Ohio of Connecticut parents,
who came to the State in 1817, settling in Summit county. The Allynsare of
English ancestry. The first of the family, Robert Allyn, came to America

The/ Cbritury PuMishau? gcErwmviiig Co. Chic ay <r

BENCH AND BAR OF OHIO.

181,

about 1640 and settled in Massachusetts, and later removed to Groton near
New London, Connecticut. Here they became prominent in the early history
of the State and were most active during the American Revolution. Collat-
erally he is related on his mother's side to Governor Eaton, the first governor
of Connecticut, and the author of the Blue Laws. E. F. Yoris's early educa-
tion was obtained in the public schools of Akron. He passed through the city
high school and in 1872 entered Buchtell College, from which he was gradu-
ated in 1875. He at once took up the study of law, entered the Law School
at Harvard, and received his degree of Bachelor of Laws in 1877. Returning
to Akron he was, on the 7th day of October, 1877, admitted to practice.
Entering his father's office he remained there until the following May, when
he went to St. Louis, Missouri, where he engaged in practice. After remain-
ing there one year he returned to Akron and formed a partnership with his
father, the firm being Voris & Voris. The firm continued until General
Voris took his seat on the Common Pleas Bench, in January, 1891, to which
he had been elected in the fall of 1890. He then formed a partnership with
Charles Baird, under the firm name of Baird & Yoris. This lasted until June,
1895. Since that time he has practiced alone. His practice has always been
of a general character. Mr. Yoris has been identified with much of the
important litigation in this and the neighboring counties. He has won for
himself an enviable position as an able and conscientious lawyer, always dili-
gent and painstaking in matters entrusted to him. He possesses a fine mem-
ory and has the faculty of being able to recall authorities that are applicable
to the principles of law involved in a cause with great promptness and at the
proper time. He has always been a student. His arguments to the court are
strong and logical, and in the presentation of facts to the jury he is forcible
and convincing. Mr. Yoris is a man of high moral character, and with his
genial and sociable nature he has a large circle of friends, both in and out of
the profession. A Republican, politically, he has always taken an active gen-
eral interest in political questions. In 1886 he was appointed prosecuting
attorney for Summit county to fill. the unexpired term of John C. Means, who
died while in office. From 1888 to 1892, he served two terms as a member of
the school board of Akron. In 1879 he married Miss Lizzie U. Slade, daugh-
ter of W. H. Slade, of Columbus, and has five children, all of whom are living :
Lydia, born July 17, 1880; William S., born August 28, 1882 ; Lizzie, born
August 12, 1884; Edwin F. and Marion, born October 15, 1892.

EZRA B. TAYLOR, Warren. Honorable Ezra B. Taylor was born in Nel-
son township, Portage county, Ohio, July 9, 1823. His parents were Elisha
and Theresa (Couch) Taylor, who came from Berkshire, Massachusetts, to
Ohio in 1814. Like the average pioneers they were not blessed with a super-
abundance of this world's goods, and the family endured all the hardships and
privations suffered by the early settlers. After Ezra had attended the district

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school until seventeen years of age, he was thrown very much upon his own
resources. He had from youth manifested a love for books and firmly resolved
upon fitting himself for a professional career. With this end in view he
devoted himself closely to study and by earnest application acquired an
intimate knowledge of a wide range of literature. He studied law under
Honorable Robert F. Paine, then of Garrettsville, and in 1845, when twenty-
two years of age, he was admitted to the Bar by the Supreme Court at Char-
don. In 1847 he settled at Ravenna, where he engaged in the practice.
After a year alone he entered into partnership with General Lucius V. Bierce,
who was in the zenith of his career. This was a great opportunity for a
young man and at once introduced him into a profitable practice and placed
him in intimate relations with the foremost members of the Bar. These
advantages were improved, and the characteristic ability displayed by Mr.
Taylor was soon appreciated in a wider field than he had theretofore occupied.
At a subsequent period he entered into partnership with John L. Ranney and
still later with Judge Luther Day. He continued the practice of his profession
at Ravenna until 1861, when he moved to "Warren, which has since been his
home. He had in 1849 been elected prosecuting attorney of Portage county.
From the outbreak of the civil war Mr. Taylor had been a strong supporter of
the Union, active in all movements tending to the success of that cause. In
1864 he enlisted as a private in the 171st Ohio National Guards, serving
three months in the field, and upon his return home was elected colonel
of his regiment. On settling at Warren, in 1862, he formed a partnership
with L. C. Jones, for the practice of law, which was dissolved in 1876.
In 1877, upon the death of Judge Servis, of the Court of Common Pleas, Mr.
Taylor was tendered the position, but declined the offer. He was subse-
quently greatly surprised to learn that nearly every lawyer, both Republican
and Democrat, in the sub-district composed of Mahoning, Trumbull and Por-
tage counties, had signed a petition for his appointment, which the governor
made and he accepted. He was elected in the fall of the same year to succeed
himself, and subsequently re-elected, being continuously on the Bench until
1880. In this year General Garfield was elected to the United States Senate,
creating a vacancy in the representation in Congress for the Nineteenth con-
gressional district, and Judge Taylor was at once selected as the most suitable
candidate. He did not participate in the preliminary canvass personally, but
confined himself entirely to his duties as judge. He received the nomination
over a large number of influential aspirants, and resigned his position on the
Bench so that he might take an active part in the canvass. He was elected,
and for thirteen years thereafter served in Congress. In 1892 he was strongly
urged to again accept the nomination of his party, but for personal and family
reasons he declared his purpose to withdraw from public life. In the Forty-
sixth and Forty -seventh Congresses he served on the committee of claims ; in
the Fifty-first and Fifty-second Congresses he was on the committee of manu-
factures; in the Fifty-second Congress he was a member of the committee to
investigate the Homestead riots, of Pennsylvania, and of the sweating system

BENCH AND BAR OF OHIO.

183

of making clothing, cigars, etc. In the Forty-seventh Congress he was one of
the regents of the Smithsonian Institution, and also a member of the judiciary
committee, on which he served during the remainder of his public life, acting
in the Fifty-first Congress as chairman of that committee. His work on that
committee consisted largely in examining and settling questions of law con-
stantly arising, for the purpose of avoiding bad and unconstitutional legisla-
tion. He was regarded by his fellow members as one of the ablest and most
efficient of committeemen. Since his retirement from Congress Judge Taylor
has given his entire attention to his law practice, having associated with him
his son-in-law, George W. Upton, a lawyer of high standing and a citizen of
excellent reputation. In 1849, Judge Taylor was married, in Ravenna, to
Harriet M. Frazier and they had two children, a daughter and a son. The
former is now the wife of Mr. Upton. She is highly educated and has gained
quite a reputation in literature. Some of her productions have met with great
success. Perhaps the best known of her writings is that devoted to the lives
of the Presidents of the United States and their families, which was pub-
lished by D. Lathrope, of Boston. She has throughout her life been devoted
to her father, and while he was in Congress she was continuously in Washing-
ton with him, where she became a pronounced favorite in society, on account
of her literary tastes and ability, as well as for her amiability of char-
Hacter. H. Taylor, the only son of the judge, is a representative lawyer
of Youngstown, and bids fair to emulate his father, if not in political honors,
at least in ability. In 1876 Judge Taylor was called to mourn the loss of his
wife, the devoted mother of his children and the mistress of his home for so
many years. Since that time he has found his greatest comfort and consola-
tion in the society of his children. As a lawyer Judge Taylor takes a promi-
nent place among the great trial lawyers of Ohio. Although his preference
for civil business is very positive, like all lawyers practicing outside of the
large cities, he has participated in many criminal trials. He has been
employed in some of the most notable cases tried in northeastern Ohio. As
counsel for the defense his fame extended far beyond the practice of the Bar
of his section, and he has been frequently called to distant courts in important
cases. He has at various times met as opponents in the forum many of the
ablest and most famous lawyers of the State and has always been distinguished
for his intimate acquaintance with every detail of his case, for his profound
knowledge of the law and his courtesy to opposing counsel. The judge enter-
tains a decided preference for the preparation of his own cases. He is pos-
sessed of a keen perceptive faculty that enables him to clear away all the
immaterial matters and see the strong points of a case, upon which he concen-
trates his strength. Since the founding of the Republican party he has been
one of its earnest and efficient members. He has rendered valuable services in
many hard fought campaigns. He is cool and sagacious in council, a forcible
and eloquent speaker. The strength and purity of his diction, his skill and
force in the presentation of facts and arguments render him a most powerful
advocate and lend dignity and strength, so that his addresses are alike effect-
ive upon a jury or the public.

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BENCH AND BAR OF OHIO

HARVEY MUSSER, Akron. Mr. Musser was born at Millheim, Pennsylvania,
August 30, 1858. His father, Phillip T. Musser, was an eminent physician,
and was greatly respected by his large circle of acquaintances in the section of
his native State where he resided and practiced his profession for so many
years. The father was of Swiss-French ancestry. His mother, Mary J.
Mumbauer, was a native of Bucks county, Pennsylvania, of German ancestors,
who were among the earliest settlers of the State. Mr. Musser's early educa-
tion was obtained in the public schools of his native State, and he was pre-
pared for college at the Aaronsburg Academy and Missionary Institute. In
1875 he entered Franklin and Marshall College at Lancaster, Pennsylvania,
and was graduated in June, 1879. He then taught school at Aaronsburg for
one year, and it was during this time he commenced the study of law under
the direction of the Honorable A. O. Furst, of Bellefonte, Pennsylvania. Mr.
Furst afterwards became judge of the Court of Common Pleas. In the fall of
1880 Mr. Musser entered the law department of the University of Michigan,
and received his degree of Bachelor of Laws in April, 1882. He was admitted
to the Bar of Michigan, and at once went to Akron, Ohio, where he was
admitted to practice. He was alone for the first two years. His first part-
nership was with the late R. W. Sadler, under the firm name of Sadler &
Musser. They continued in business together for about one and a half years,
until the expiration of the Honorable J. A. Kohler's term as attorney-general
of Ohio, when the firm of Kohler & Musser was formed. This firm continued
until January, 1895, when Mr. G. C. Kohler was taken into partnership. The
firm then became Kohler, Musser & Kohler. In the fall of that year Mr.
J. A. Kohler, having been elected Judge of the Court of Common Pleas for a
term of five years, beginning in May, 1896, retired, and the firm has since con-
tinued as Musser & Kohler. Mr. Musser occupies an enviable position at the
Akron Bar. He is decidedly bright, and possesses a clear, logical mind. He
is persuasive in his arguments, strong in his convictions, determined and
unyielding when he feels that he is right. Courage is his strong characteristic.
His life has been most exemplary. Mr. Musser enjoys a large and profitable
practice of a general character. He has been connected with many important
cases. The case that has probably attracted the most attention was that of
the State of Ohio vs. Romulus Cotel. With Mr. E. F. Voris he defended
Cotel, charged with the murder of the Stone family and Ira Stillson at Tall-
mage, Ohio, in 1896. A conviction was secured, and the Supreme Court set
aside the verdict on error. Cotel afterwards pleaded guilty to murder in the
second degree. The defense was upon the ground that he was a degenerate,
and the saving of this man's life was due to the skillful work of the attorneys
in the case. Mr. Musser is a Republican. "While he takes a general interest
in all political questions, he allows nothing to interfere with his law practice.
He was for several years a member of the Republican executive committee of
the county. He has never held political office. He is a director and stock-
holder in the Citizens' National Bank of Akron. In 18S6 he married

BENCH AND BAR OF OHIO 185

Elizabeth Hammond Huston, of ISTitany, Pennsylvania, and has had by this
union four children. Three sons are living : Harvey Huston, James Coburn
and Philip Sumner.

THOMAS M. SLOANE, Sandusky. Thomas Morrison Sloane, son of Judge
Rush R. Sloane, was born at Sandusky, Ohio, July 28, 1854. He was prepared
for college at Exeter, New Hampshire, in that ideal preparatory school — Phil-
lips Exeter Academy — whose admirable curriculum has been at once the inspira-
tion and the foundation of the broad and thorough scholarship of so many
eminent men. Having completed the academic course he passed the examina-
tions for admission to Harvard University in June, 1873, and entered upon the
literary course there in September of the same year. He was graduated from
Harvard in 1877, receiving his baccalaureate degree in course. He then stud-
ied law for one year in the office of H. & L. H. Goodwin, of Sandusky, begin,
ning in September, 1877. With this preliminary reading he entered the Law
School of the University of Michigan, at Ann Arbor, in the fall of 1878, and
was graduated as a Bachelor of Laws in March, 1880. Upon receiving this
degree he was admitted to practice in the courts of Michigan, and at once
returned to his home in Sandusky. In May, 1880, he passed the required
examination before the Supreme Court and was admitted to the Bar of the
State. He began the practice or the law in partnership with E. B. King. He
has continued in the practice and won a good position at the Bar. His suc-
cess has been facilitated by the broad scholarship and clear understanding of
the principles of the law which served as the preparation for practice in the
courts. Mr. Sloane was married June 22, 1881, to Sarah Maria Carswell Cooke
daughter of Pitt Cooke, a member of the Sandusky Bar. The union has been
blessed with two children, Rush R. Sloane, Jr., born October 25, 1884, and
Thomas Morrison Sloane, Jr., born January 14, 1893.

JESSE VICKERY, Bellevue. The subject of this biography is a native of
the State and city in which he resides. He was born January 30, 1860. His
parents, William and Sarah Vickery, natives of Devonshire, England, came to
the United States in 1856 and settled directly in Bellevue, which was then a
mere country village. He attended the district schools at first, until be was
prepared to take up the academic studies. He then entered the high school
at Clyde, whose course of study he pursued to completion. He was graduated
from the school in 1880, after which he spent two }^ears as a student in the
Western Reserve University at Hudson. On leaving the university he engaged
in teaching for a year, studying the text books and principles of law mean-
while with Mr. Thomas P. Dewey, of Clyde. In 1883 he entered the Law
School of the University of Michigan. The credit which he had earned by pre-
vious reading, and the habit of close application to study which he had formed,

186

BENCH AND BAR OF OHIO.

enabled him to complete the two years' course in one year. He passed the
examination creditably, and was graduated with the class of 1884. In that
great law school he enjoyed the benefit of the instruction and lectures of a
very able faculty : Charles a Kent, of Detroit, the sound lawyer and ready
instructor whose points and explanations were always clear to the class — who
is descended from the same stock as the renowned chancellor ; the noble and
venerable Alpheus Felch, who died in 1896, judge, governor and senator of
the United States, who had honored himself in all these positions ; the enthu-
siastic, popular and clear-headed Henry Wade Rogers, now president of the
Northwestern University of Chicago ; and last and greatest of all, that pro-
found jurist, keen analytical and constitutional law} ? er, Thomas M. Cooley.
With his natural tastes and aptitudes for the law, supplemented by close and
critical study, illustrated and impressed by instruction of the highest char-
acter, Mr. Yickery was well qualified for practice when he was admitted to
the Bar in 1884. On April 1, 1885, he opened his law office in Bellevue, in
partnership with his brother, Willis Yickery, under the style of Yickery Broth-
ers, which continued until 1897, when his brother removed to Cleveland. The
character of his practice is general, and the little city of Belleview is admir-
ably situated for reaching a number of larger cities with equal facility. On
the very border of Huron county, it is scarcely more than a stone's throw from
corners of the counties of Erie, Sandusky and Seneca. As a matter of record
Mr. Yickery has practice of almost equal proportions in each of the four coun-
ties. One of the important cases with which he has been successfully con-
nected was that of the depositing creditors of the suspended Bellevue Bank —
a case in which, as counsel for the creditors, his firm collected one hundred
cents on the dollar, of all claims, with five or six per cent, additional. Cases
growing out of this one against the bank are now in the courts of New York
on appeal. Politically Mr. Yickery is a Eepublican, exhibiting the activity
and interest in local politics which are among the best evidences of good citi-
zenship. He married Bettie F. Haas, of Bellevue. The issue of this marriage
is two boys. He is a believer in Christianity, a member of the Congregational
Church and the superintendent of the Sunday school. He has a beautiful and
comfortable residence, completed in 1895, and a pleasant home. He is active,
enterprising and public-spirited, esteemed for moral worth and integrity, no
less than genial manners and social traits. He is a careful, conscientious,
painstaking lawyer. While earnest and zealous in behalf of a client, he employs
such methods only as are approved by the most reputable practitioners. With
him a case which can only be won by a trick is lost.

JOHN M. KILLITS, Bryan. Mr. Killits, prosecuting attorney of Williams
county, is a native of the State, born of parents whose descent was German.
He was born at Lithopolis, Fairfield county, October 7, 1858. His paternal
grandfather, John Killets, came to America from Hamburg in 1805 and died

BENCH AND BAR OP OHIO.

187

in 1847. The father of our subject was born in Pennsylvania in 1836 and
spent the early years of his life in that State and in Fairfield county, Ohio,
later removing to Williams county, and was engaged in the dry goods trade
from 1867 to 1881, at Brj r an, and at farming until 1890. He then retired from
active business and removed to Chicago where he now lives. The maternal
ancestors of our subject emigrated from Germany the latter part of the ]ast
century and settled in Pennsylvania, where Daniel Crumley, his grandfather,
was born. The latter married and settled in Fairfield county about 1825. He
was by occupation a farmer and was for many years a justice of the peace
and a highly respected citizen. He died in 1887 at the advanced age of eighty-
five years. John M. Killits received the rudiments of his education in the pub-
lic schools of Bryan. At the age of seventeen he entered the preparatory depart-
ment of Oberlin College, where he remained one year, and then entered Will-
iams College, Williamstown, Massachusetts, from which he was graduated in
1880, with the degree of A. B. Seven years later his Alma Mater conferred
on him the degree of Master of Arts. After leaving college he entered the
field of journalism, publishing a daily and weekly paper at Red Oak, Iowa,
which he conducted for three years, when he retired from the business with a
valuable and costly experience. In March, 1884, he accepted a clerical posi-
tion in the war department at Washington, but was soon after offered the
position of private secretary to General Hazen, chief of signal corps and
weather bureau. He held the position until 1887, when he resigned in order
to enter on the practice of law, for which he had prepared himself during his
residence in Washington. He was graduated from the Columbian Law School
in 1885 and the following year took the post-graduate course, and was admit-
ted to the Bar of the District of Columbia in the same year. Returning to
Bryan he entered upon the practice of his profession February 1, 1888. He
was thoroughly equipped so far as preparatory study could fit him, and he
soon built up a good practice. In 1892 he was elected prosecuting attorney
of Williams county and was re-elected in 1895. In the discharge of the duties
of this office he has demonstrated his fitness for the profession. The two
cases that brought him most prominently before the public and established his
reputation, both as a lawyer and as an advocate, were those of the State of
Ohio vs. William B. Elkins and Walter Plummer, charged with the murder of
Arthur Brown. Despite the fact that there had already been two convictions
for this murder, Mr. Killits was not satisfied that the guilty had all been pun-
ished, and, taking up the thread of the case where his predecessor had dropped
them, developed from new testimony so strong a case that the two men, here-
tofore unsuspected, were indicted for murder in the first degree, thirteen
months after the commission of the crime. They were separately tried and
convicted on evidence largely circumstantial, and both are now in the peniten-
tiary under life sentences. These trials lasted for almost three months and
Mr. Killits had as opposing counsel a strong array of legal talent, but both
parties were convicted after the hardest legal contests in the history of the
county. The defendants carried the cases to the Circuit Court, but the ver-

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diets of the lower court were sustained. Subsequently the Plummer case was
taken to the Supreme Court of Ohio, where, again, the trial court was
affirmed. In the Court of Common Pleas Mr. Killits was assisted by C. H.
Masters, but in the Circuit and Supreme Courts he argued the cases alone. In
political convictions Mr. Killits is a Republican and is active in local politics.
He was married in Washington, D. C, June 21, 1887, to Miss Alice Nourse
Steuart, a member of an old Maryland family whose ancestors came from
England and Scotland in early Colonial times and whose representatives took
part in both wars with England. They have two children, daughters.

CHARLES E. SCOTT, Bryan. Mr. Scott was born in Williams county, near
Bryan, July 19, 1858. He is of Irish-German descent. His parents were
William C. and Elizabeth (Millhouse) Scott, his father a native of Ohio and
his mother of Pennsylvania, His paternal grandfather was a native of
the North of Ireland and came to America in the latter part of the last cent-
ury, locating first in New York State, afterwards coming to Ohio at the
the beginning of the present century, and before the admission of the territory
as a State into the Union. He located in Wayne county, where he passed the
remainder of his days. The father of our subject came to Williams county in
1850 and engaged in the manufacture of woolens, building one of the first
woolen mills in northwestern Ohio. Later he exchanged the mill for a farm
near Bryan, on which he lived until his death, in 1887. Mr. Scott's maternal
ancestors came to the United States in the latter part of the last century and
settled at Johnstown, Pennsylvania, where his mother was born. She came,
in early life, to live with an aunt in Wayne county, where she met and mar-
ried his father. Charles E. was educated in the public schools of Bryan, grad-
uating from the high school in 1876, at the age of eighteen. Having chosen
the law as a profession for his life work, he at once took up its study. He
entered the Law Department of the University of Michigan and pursued his
legal studies there for about two years. He passed the required examination
before the Supreme Court of Ohio, in October, 1880, and was admitted to
practice in all of the State courts. He began the practice at Defiance in con-
nection with a Mr. Knapp, under the firm name of Knapp & Scott, a relation
which continued for three years, when it was dissolved. Mr. Scott returned
to Bryan and entered into partnership with his brother, Robert A. Scott, then
prosecuting attorney for Williams county. This partnership was dissolved in
1886, by the death of his brother. He then formed a partnership with Phile-
tus Smith, and practiced in this connection until 1890, when Mr. Smith
removed to Chicago. In 1891 the present firm of Scott & Schrider was formed
by associating with himself John H. Schrider. Mr. Scott's political creed is
Democracy, but he is in no sense a politician. His ambition is to be known
as a lawyer, and he devotes his time to the interests of his clients. He was

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189

married December 25, 1888, to Miss Daisy Plank, daughter of Samuel and
Mary Fasig Plank, of Wauseon, Ohio. A well-known member of the Toledo
Bar says :

"I have known Mr. Scott for several years. He is honorable, reputable,
active and industrious. He possesses intellectual attainments of a high order.
He is a close student, a clear and logical reasoner, an eloquent advocate and
a first-class all-round lawyer. Well read in all branches of the law, it is in the
defense in criminal causes that he excels. He carries an old man's head on a
young man's shoulders. Young in years, strong and healthy in frame, with
a strong, striking face, the manner of a tragedian, the voice, style and finish
of an orator, I predict for him a brilliant future."

A very capable lawyer and prominent citizen of Columbus adds the fol-
lowing :

" Charles E. Scott, of Bryan, Ohio, possesses the rare but sometimes
dangerous quality of starting out upon the investigation and preparation of his
case with the conviction (which strengthens as he proceeds) that his client is
all right ; that his cause is just ; that if he does not win it is by reason of some
default in the administration of justice and not because his facts are deficient
or his law mischosen ; that everyone who stands between him and his client,
whether witness, counsel, juror or judge, is his enemy. He comes near illus-
trating the lawyer who, when he enters upon the trial of his cause, raises the
black flag. In spite of all this Charles E. Scott is a prime favorite with the
Bench and Bar. It was once said of him in the writer's presence that his
mere presence before a court or jury was a fortune to any lawyer. Always
superbly attired, he is still most popular with the plainest people, many times
seen in the street walking arm in arm with a shabbily dressed client, appar-
ently unconscious of all observers and with an air which impresses all behold-
ers that he is saying to his client, 'We'll swipe 'em off the face of the earth.'
He is not only a tireless general student of the law, but in the preparation of
his cases he is an omniverous reader, discarding everything that he finds in the
books which seems against him as stuff not applicable to such a case as his. In
a forensic sense he possessess many of the graces and accomplishments of an
orator. When he is to make a plea, as plain people call it, he may depend
upon a good audience outside of the jury box, and an attentive and interested
hearing within it. Blunt, brave, rugged and faithful, he will clothe a scathing
attack upon witness or counsel in words so smooth and sentences so well
formed that the victim will half imagine himself the recipient of an exquisite
compliment. It is not unusual to see him in pleasant converse with some one
whom, within the previous half hour, he was fairly cauterizing with his slick
but blistering words, explaining to him how disagreeable were, many times,
a lawyer's duties. One thing Mr. Scott is in a pre-eminent degree. He is
always himself. He is no imitation. He is original and unique, whenever and
wherever you find him. Handsome, attractive and prepossessing in his per-
sonal appearance, with a graceful and impressive presence, singly devoted to
his client and his cause, he is well advanced upon a career which is destined
soon to assign him to a conspicuous and commanding place in his chosen pro-
fession/'

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JACOB CLOYD RIDENOUR, Lima. J. C. Ridenour is a member of the
firm of Ridenour & Halfhill. He is an American of Scotch-German descent.
His ancestors were among the early settlers of the country and located in the
State of Maryland. His great-grandfather, John Ridenour, was a soldier in the
American army in the war of 1812. His grandfather emigrated from Maryland
in 1820 and settled in Ferry county, Ohio, removing from there ten years
later and settling in Allen county. He was one of the pioneer settlers of that
now populous region. His father, John Ridenour, was born and raised there ;
married to Dorcas Dixson, daughter of Jacob Dixson, deceased, who was
a prominent farmer of Licking county and settled in Allen county, where
Jacob Cloyd was born, March 9, 1860. When Jacob was two years old
his father entered the army as a private soldier. He was a member of the
118th Regiment Ohio Volunteer Infantry, and served in the Eastern Depart-
ment, participating in many of the hard fought battles of the Army of
the Potomac, under Hooker, Burnside, Mead and Grant. When success was
about to crown the Union arms he sickened and died in camp, at Washington,
D. C, February 5, 1865. Our subject was raised on the farm and his early
education was obtained in the district school, doing farm work in the intervals
between terms, until he was eighteen. He then entered the Ada University,
and passed the larger part of four years there, but did not take the regular
course. A portion of the time was spent in teaching in the nearby districts,
both common and graded schools. In 1883 he entered the Law Department
of the Iowa State University and was graduated in June, 1885 ; was examined
at Iowa City and admitted to the Bar, June 23, 1885. to practice in both State
and Federal courts of Iowa. Returning to Ohio, he was made principal of the
high school at La Rue, a position which he retained for one year. In 1886 he
applied for admission to the Ohio Bar ; was examined and admitted at
Columbus, June 2. He located at Lima in his native county, and began prac-
tice June 21 of the same year. He formed a partnership with Gideon Ditto
which was terminated by the latter's death, August 1887. September 1, of the
same year, the present firm was organized by a partnership agreement with
J. W. Halfhill under the firm name of Ridenour & Halfhill. Their practice
includes all classes of legal business, and the} 7 have built up a large clientage
both in the city and surrounding country. In late years they have undertaken
some intricate and important cases, and the successful manner in which they
handled them has greatly added to their reputation for legal acumen and
forensic ability. In political affiliation Mr. Ridenour is a Democrat, while
his partner is just as strongly Republican ; though neither of them allows
politics to affect business or social relations. Mr. Ridenour is now serving a
three-year term as prosecuting attorney for Allen county, having been elected
in 1893. He was married, November 6, 1887, to Miss Maggie H. Browsher,
daughter of the late Anthony Browsher, a farmer of Allen county. Two
children, Walter Emily and Chester Eugene, are the fruits of this wedlock.
The family belongs to the Methodist Episcopal Church, and occupies a high
social position in the community.

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191

DANIEL E. THOMAS, Toledo. Mr. Thomas came from revolutionary
stock. His ancestors earned their title to citizenship by active participation
in the battles of the war for independence. They came to this country from
Wales, three brothers, prior to the Declaration of Independence and settled in
Connecticut. All of them entered the American army, and all passed through
the war unscathed except one, who lost an eye in battle. James Thomas, the
grandfather of our subject, was the son of one of these brothers. He left the
family homestead and settled in Pennsylvania, where his son, Daniel M., the
father of Daniel E., was born. When a young man, Daniel went to New
York State, where he married Mary E. Tuttle and soon afterwards removed to
Michigan, not lone- after that State was admitted to the Union. He followed
both farming and merchandising and opened the first store in Quincy town-
ship, Branch county. It was there that Daniel E. was born, March 16, 1846.
Later the family removed to Dowagiac, where he received his early education.
He was graduated from the high school of that town in 1865. Shortly after
this he entered Kalamazoo College, where he spent several years. Returning
to Dowagiac he became superintendent of the public schools of that city. He
followed teaching in Michigan for about seven years, and was reckoned one of
the leading instructors in the State. He was professor of mathematics in
Milwaukee Academy one year. He took up the study of law in 1869, in the
office of D. Darwin Hughes, at Marshall, Michigan, and pursued legal studies
in connection with his other duties until 1873, when he was admitted to the
Bar by the Supreme Court of the State and immediately entered on the prac-
tice of law at Sturgis. He remained at Sturgis in practice until 1885, when
he removed to Toledo, Ohio. During that interval he held the office of circuit
court commissioner and prosecuting attorney of St. Joseph county, serving in
each office for four years. Upon locating at Toledo he devoted his time and
attention exclusively to his law practice with well merited success. He was
vice president of the People's Savings, Loan and Building Company. His fra-
ternity spirit and belief in Christianity were evidenced by membership in the
Masonic order and the Episcopal Church. He was vestryman of St. Mark's
from the organization of the society to the time of his death. In his
political affiliations he was always a Republican, but after his removal to
Ohio, he was not active in party work. He was married July 14, 1868,
to Miss Agnes Yan Home, daughter of John A. Yan Home, of Marshall,
Michigan, for many years county clerk of Calhoun county. To tbem were
born three sons, all of whom have reached man's estate. One of the ablest and
best known lawyers of Toledo thus briefly characterizes him: "Mr. Thomas has
been a member of our Bar for a number of years; is a lawyer of high standing
and a man of excellent character and reputation." Daniel E. Thomas died
May 6, 1896. He was stricken with paralysis February 28. After a few
weeks, brain trouble developed and he grew rapidly worse, dying after an ill-
ness of nine weeks, in the prime of life. The following is quoted from a
memorial prepared and adopted by the Toledo Bar Association:

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" His high ideals and unswerving integrity together with his feeling of
loyalty and patriotism made him one of the very best of citizens. He was lib-
eral to a fault, both with his time and his not over-abundant means. The needs
of his unfortunate fellows and the affairs of his community, his city and his
church appealed to him with a force that the majority of men know nothing of.
It has been noted and commented upon that the present extraordinary
good criminal record of St. Joseph county, Michigan, began with the con-
scientious and skillful official work of Daniel E. Thomas as its prosecuting
attorney. In time his practice became one of the most desirable in his county.
His Michigan Supreme Court cases form two full bound volumes, and several of
his cases have made the law of the State of Michigan as to the points involved.
Though in his later years he had given some special attention to patent law,
yet in variety of information and all-around ability as a lawyer he had few
equals. As counsel he was safe, for in addition to his legal ability he was
possessed of unusual good judgment and he was conscientious at all times and
in all things. To the good influences of his beautiful home-life he yielded
most willingly and this made him and kept him the pure Christian gentleman
that he was."

WILLIAM H. TUCKER, Toledo. The subject of this sketch was the son of
Dr. John A. Tucker and Elizabeth Brush. He was born at La Porte, Lorain
county, Ohio, October 6, 1849. On his father's side he is descended from Eng-
lish and Scotch ancestors, who were Quakers by profession and practice. Their
religion caused them to favor peace, and prevented their taking up arms in
war. On the other hand, his maternal ancestors were Connecticut patriots,
who participated in the war of the Revolution and the later war with Great
Britain. His grandfather's family, on his father's side, came to Ohio in 1816,
while his mother's father settled in this State in 1832, coming to Lorain county
when it was a forest, dense and almost unbroken. The boy grew up in Lorain
county and learned to work, as all well bred farmers' boys are required to do.
His early education was received in the public schools of Huron county, and
enlarged in the Normal School at Milan; some of the accomplishments were
added by a year's study in Yale College and at Cornell University ; finally, his
college education was completed by a four years' course in Baldwin University
at Berea. All of these years afforded the preliminary mental training and the
scholarship which formed the broad foundation on which to build his profes-
sional studies and his success in the law. He began reading law in the office
of Haynes & Potter, in Toledo, and was admitted to the Bar in April, 1876.
His first partnership association was with John T. Greer, and continued for a
period of ten years. After its dissolution he continued the practice alone, and
has won enviable success. Two branches of the law have claimed his atten-
tion and commanded his abilities. First, all of the laws relating to real estate;
and second, all matters relating to probate business. In these he has become
very proficient. His time has been given wholly to his profession. He has
never held a political office, and never been a candidate for such office, and
yet he has at all times taken lively interest in political affairs. He has sup-

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193

ported and been identified with the Republican party from his earliest recol-
lections ; has participated actively in its campaigns, and whenever matters of
importance are under consideration has given to the managers the benefit of
his counsel. Indeed, it may not be amiss to say that he has been prominent in
planning the work of campaigns, and in executing the plans. He has for some
years been a member of the Republican county committee, and is now chair-
man of the congressional committee. He has frequently been a delegate to
State conventions, and in 1892 was a delegate to represent his congressional
district in the National convention at Minneapolis. In 1884, April 10, he was
married to Miss Harriet Yan Gorder, a native of Warren, and a daughter of
George W. Yan Gorder and Martha Ewing Murdock. They have two sons and
two daughters. Mr. Tucker was a friend of the late John Poag, and was pecu-
liarly fortunate in having the friendship and confidence of that gentleman.
For several years he attended to the personal concerns and the law business of
Mr. Poag, who had been his room-mate for some time prior to his marriage.
Their friendship was intimate and confidential to a degree seldom enjoved
between man and man, and yet Mr. Tucker was unaware of the eminently
practical turn Mr. Poag's friendship for himself had taken until the latter's
will was opened. On November 2, 1894, while at Fostoria engaged in litiga-
tion growing out of a contested will, he was advised by telegraph that his
friend Mr. Poag had been thrown from his buggy and dangerously injured.
Procuring a postponement of the case, he went immediately with kindly min-
istrations to the bedside of his friend, whom he found unconscious, and who
died the same evening without recovering consciousness. When the will was
probated it was first discovered that Mr. Poag had remembered him most gen-
erously, bequeathing to him a private library containing forty-five hundred
volumes, well selected, and many letters of historic value — autograph letters of
General Washington, Thomas Jefferson, James Monroe, Robert Morris and
La Fayette — all conspicuous in the Revolution and the formation of the gov-
ernment; and of Generals Grant, Butler and others, distinguished in the late
civil war; and of the historians Lamartine, Jsred Sparks and George Bancroft.
The library and the manuscripts are indeed one of the most valuable collections
owned by any private citizen in the State. In addition to this princely gift,
he received by the terms of the same will a cash bequest of twenty thousand
dollars. Some of the books are rare and costly, requiring a lifetime for their'
procurement. In the collection are also found valuable paintings, bronzes and
bric-a-brac. With the exception of membership in the board of education of
the city of Toledo, of which he is president, Mr. Tucker has never held public
office. He has been devoted solely to his profession, and by giving undivided
attention to the law has earned reputation and achieved success of which all
who know him bear willing testimony. One of the prominent members of the
Bar says: " He has made a deep study of laws pertaining to real estate, and is
a recognized authority upon that branch of the law. He is a general student
as well as a law student, and possesses what is probably the finest and most
complete general library in Toledo. He is a hard-working, industrious, care-

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ful and thorough lawyer." Another attorney who has been most intimately
associated with him for twenty years, and had every opportunity to acquire
accurate information concerning him, says: "His opinions on titles and real
estate law are regarded very highly. He commands the esteem and confi-
dence of all. He has been executor of many important estates, and is at pres-
ent acting in that capacity in estates comprising unusually large and valuable
properties. He is honest, public-spirited and exceedingly careful. Taken all
in all, as a man, a citizen and a lawyer, Mr. Tucker has integrity of character,
uprightness in conduct, qualities which are esteemed in a friend and abilities
which command attention in the profession."

BARTON SMITH, Toledo. Mr. Smith was born on his father's farm, near
Joliet, Illinois, June 2, 1852. He was the son of a liberal and public-spirited
farmer and stock dealer who had settled on the farm in 1835, having left his
native State of Tennessee in boyhood and lived some vears in Indiana. His
mother was a native of the State of Indiana.- He attended the University of
Michigan, and upon completion of the full literary course was graduated in
1872. After spending a year in the stock business with his father he returned
to Ann Arbor and took the course in the law school of the University of
Michigan, receiving his degree from that department in 1875. Immediately
afterwards he settled in Toledo for practice, where he first formed a partner-
ship with Mr. Geddes, which was continued six years and dissolved in July,
1881. He then formed a partnership with William and Rufus IT. Baker, under
the firm name and style of Baker, Smith & Baker. This relation was main-
tained until the death of William Baker, the senior partner, in the fall of 1894.
Since that time the business has been continued by the remaining members of
the firm. Mr. Smith has made a particular and profound study of real estate
law. For several years his practice was confined to that branch of the law
exclusively. In the course of time, however, it was naturally enlarged so as
to include a corporation practice. He has for a long time been the attorney
of street railroad companies, electric light companies and other large corpora-
tions. Perhaps the most important of these engagements, in its relations to
the public, is the attorneyship of the street railroad interests. Fifteen years
ago (1881) the street railroads of Toledo were controlled by four or five
separate and independent companies. Mr. Smith was the attorney and coun-
sellor of the original owners of one of the several roads. After much litiga-
tion and diplomacy a consolidation of all the small companies was effected,
and a single, powerful organization incorporated as the Toledo Traction Com-
pany. The advantage of this to the municipality and the people is unques-
tionable, and the counsellor is entitled to his full share of the credit for brino-.
ing it about. Mr. Smith was a member of the board of education for one
term, a position which his interest in popular education compelled him to
accept. He has never held a political office or been a candidate for one,

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195

although he has not manifested want of interest in politics. On the contrary,
he has been active in support of the Democratic party and its cardinal prin-
ciples. His views on economic questions had the effect of placing him with
the minority in the National convention of his party held in Chicago in July,
1896. He was a sound money delegate to that convention. A former judge
of the Supreme Court of Ohio contributes the following:

" The old firm of Baker, Smith & Baker handled immense interests for
corporations, including the business of the Connecticut Mutual Insurance
Company. When the street railroad litigation of this city commenced Barton
Smith was acting for the company. This was a kind of red letter litigation
for the whole State, and the best legal talent was employed in it. Barton
Smith was eminently qualified to handle these large, important and involved
interests. He possesses the clearest and most analytical mind of any man of
his age that I have met. He is great in the solution of intricate legal ques-
tions involving philosophical study. He has a peculiarly logical mind, and is,
a great student of the authorities. He is very popular and successful. He is.
an intense man, earnest, self-sacrificing in his duties; thorough, working out,
every detail and examining every authority, even at the sacrifice of his health.
He is very strong before a jury, a fascinating speaker — logical, clear, pointed'
and impressive ; always courteous toward opposing counsel. He is a man of
spotless character. I know no man who is his superior in personal integrity,
and none who has a higher sense of professional honor. He is of sweet dis-
position and admirable temper."

Mr. Smith was married on Christmas day, 1877, to Miss May Searles, of
Kendall county, Illinois. He has two children, a boy seventeen and a
daughter seven years old.

THOMAS H. TRACY, Toledo. Mr. Tracy is a native of Ohio, having been
born near Bowling Green, Wood county, July 13, 1859. His father, Joseph
R. Tracy, was a farmer who came from Chenango county, New York, in 1836,
and was one of the early settlers of Wood county. Both his father and
mother were descendants of old Connecticut families and brought to their
Western home those substantial virtues of industry, diligence and frugality
which so extensively prevailed among the early families of New England,
Their son, Thomas H., spent his early days upon the farm, commencing his
education in the public schools and afterwards entering college at Mansfield,
Ohio. He read law in the office of the old firm of Bissell & Gorrill, of Toledo,
and was admitted to practice in June, 1883. In the following year he became
a partner of the firm, which association was continued until April 1, 1892,
when he withdrew for the purpose of forming the present existing law part-
nership, King & Tracy. Besides their extended general law practice these
gentlemen are general attorneys for a number of corporations of great com-
mercial importance, including financial organizations, railroad corporations,
and many others. In politics Mr. Tracy has thoroughly identified himself
with the Republican party, and were the demands upon his time by his pro-
fessional duties less exacting he would gladly give to that organization more

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active assistance. He is in complete harmony with its creed, traditions and
history, and feels that its success is essential to the best interests of the entire
country. In 1889 he was appointed by Governor Foraker one of the trustees
of the natural gas department of the city of Toledo, whose duty it became to
formulate plans, make all necessary arrangements and to construct the natural
gas plant for that city. He takes a deep and earnest interest in church and
educational matters, being a member and trustee of St. Paul's Methodist
Episcopal Church. Until recently he was a member of the city board of
education. In all the duties of a citizen he is active and energetic. Any
movement for the advancement of the interests of Toledo, either of a com-
mercial, political or educational character, is certain to receive his cordial sup-
port and hearty co-operation. As a lawyer and counsellor he is well versed in
the authorities, diligent and faithful in acquiring a complete knowledge of the
facts, and cautious and sagacious in his opinions and suggestions. In court
his language is simple, his manner earnest, while his bearing displays
unbounded confidence in the justice of the cause he represents. He is of dis-
tinguished presence, a good talker — logical, earnest and impressive. On Janu-
ary 1, 1885, he was married to Miss Laura E. Pratt, of Weston, Ohio. They
have five children, three boys and two girls — Pratt, Newton, Thomas, Ethel
and Laura. An old and prominent member of the Toledo Bar in speaking of
him says: u He presents bis cases thoroughly and supports them amply by
authorities. He is bright and read} r in almost an} 7 emergency, prompt and
quick to meet an adversary's point, unusually resourceful, possessing a great
deal of reserve power. He is a hard worker, a careful and thorough student,
besides being an honorable, whole-souled gentleman."

WILLIS VICKERY, Cleveland. Willis Yickery was born at Bellevue,
Huron count} 7 , Ohio, on the 26th day of November, 1857. His father, Will-
iam Yickery, a farmer, was born in Devonshire, England, and in 1857 came
to this country with his wife, Sarah (Perkins) Yickery, settling in Sandusky
county near the town of Bellevue. Young Yickery received his early educa-
tion in the country schools. Later he entered the high school at Clyde, where
he was graduated in 1880, being the valedictorian of his class. He then
•entered the office of Everett & Fowler at Fremont, Ohio, and began the study
of law. A year later he accepted a position as teacher in the grammar school
at Clyde. He remained in the position one year and then taught for a year in
the high school at Castalia. In the fall of 1882 he became a student in the Law
School of the Boston University and received his degree of Bachelor of Laws
in June, 1884. Returning to Ohio he was admitted to the Bar and in the
spring of 1885 commenced the practice of law in partnership with his brother,
Jesse Yickery, at Bellevue, under the firm name of Yickery Brothers. This
firm continued in general practice until the spring of 1896, when it was dis-
solved, and Mr. Willis Yickery removed to Cleveland, where he has since prac-

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197

ticed alone. While in practice at Bellevue he was prominently identified with
much of the important litigation in Huron and the neighboring counties. He
was practically engaged during this period in all the important cases in Belle-
vue. He was the local counsel for the Wheeling and Lake Erie Railroad and
the Sandusky and Columbus Short Line. He was the counsel in the Bellevue
Bank cases, representing all the creditors. In these cases he was opposed by
nearly all the leading lawyers of the Huron, Erie and Sandusky county Bars.
The litigation continued over a period of ten years, from June, 1887, to 1897.
In every particular he was successful, collecting all claims in full for some
three hundred creditors. Mr. Vickery is a lawyer of recognized ability. He
is not only a student of the law, but gives much time to general reading. He
is favorably known through the country as a Shakespearean scholar and is the
owner of one of the best private libraries in the State of Ohio. He is a mem-
ber of the Shakespeare Society of New York, and he wrote the Introduction
for Caliban, a continuation of "The Tempest," by Ernest Renan, and trans-
lated from the French by Mrs. Vickery. This work was published by the
New York Shakespearean Society. He is now writing the Introduction for
"A Winter's Tale,"' a part of the Bankside edition published by the society.
In politics he is a Republican and was for some years a member of the central
committee for Sandusky county. For four years he was the city solicitor for
Bellevue. He was urged to accept but declined the nomination for prose-
cuting attorne} T , his practice at that time being so large he could not accept
the office without great sacrifice. He is now secretary and Professor of Law
in the Baldwin University Law School. He has for some time been quite
prominent in the order of Knights of Pythias ; is a member of the Grand
Lodge of Ohio; has for five years been a member of the judiciary committee
and by virtue of such membership aided in preparing the code of statutes of
the order for this State. He is also a Mason. In 1884 Mr. Yickerj'' married
Anna L. Snyder of Clyde, Ohio, and of the union three children were born, a
daughter and two sons. Mrs. Vickery died in March, 1894. In 1895 Mr.
Vickery married Eleanor R. Grant, of Boston, a lady of intellectual ability
and high literary attainments who was for some time a correspondent of the
Boston Herald. She is very popular personally and is an active member of
tlie leading literary societies of Cleveland.

CHARLES EDWARD SUMNER, Toledo. Sumner is a great American name
in letters and statesmanship. The subject of this sketch sprang from a union
of the Sumner and Janney families. The ancestors of his mother came to
America with the Quaker, William Penn. He was born February 9, 1860, at
Lambertville, Michigan. In boyhood he attended the common schools, and
the knowledge therein acquired was supplemented by a complete course in the
Agricultural College of Michigan, from which he was graduated in 1879. Fol-
lowing this he took a post graduate course in the Literary Department of the

198

BENCH AND BAR OF OHIO.

University of Michigan, at Ann Arbor, in 1881-2. During the last named
year he was appointed to a clerical position in the war department at Wash-
ington, in which he continued four years. While performing his clerical duties
he found time for the study of law and improved it. The opportunity here
offered of taking a course in the Law Department of Columbian College was
heai iilv embraced. It could be done without neglecting the duties for which
he received a salary, and the salary was convenient for the purpose of defray-
ing expenses while securing an education in the law. He was graduated from
the law school in 1886, and thereupon resigned from the war department. He
located in Toledo, but before engaging in practice on his own account, spent a
few months in the office of Swayne & Swayne, in order to become familiar
with forms of pleading under the Ohio code. He was admitted to the Bar in
1887, and formed a partnership with Judge Collins, under the name and style
of Collins & Sumner. After practicing four years, in the courts generally, he
was chosen assistant prosecuting attorney, in 1891, which position he held
until January 4, 1897, when he was elected to the office of prosecuting attorney
of Lucas county. This is an office of large responsibility in so populous a
county, and one requiring abilities of a high order to enable that official to
meet on equal terms the able lawyers who are frequently emplo3 7 ed by defend-
ants in criminal cases. Clear and accurate knowledge of the criminal statutes
and much technical knowledge are requisite even to enable a prosecuting attor-
ney to draw an indictment that will stand against the fierce attacks of critical
lawyers, who search for microscopic defects. Equal skill is demanded through-
out the trial to keep within the rules and so mass the evidence as to make out
the State's case. The prosecutor must be alert, keen, self-contained and strong,
standing as the protector of society, the representative of the State, without
show of vindictiveness toward the prisoner and without display of temper
toward the prisoner's counsel. Justice rather than conviction is the end and
aim. Fairness to Mr. Sumner impels the assertion that he has conducted him-
self as a high-minded, honorable official, having a comprehensive understanding
of his responsibilities and a disposition to perform his duty. Politically he is
a very active, earnest Republican. For two years he was chairman of the
executive committee of Lucas count}'. He was married .December 17, 1884,
to Miss Matie H. Ryan, of Huron, Ohio. The union has been favored by the
birth of three daughters — Frances, Helen and Katherine.

HORACE G. RICHIE, Van Wert. Mr. Richie occupies an honored position
as a member of the Bar of northwestern Ohio. His father, Mirabeau F.
Richie, of French and Irish extraction, was born in Pennsylvania, and in his
early youth became a resident of New Lisbon, Ohio. His mother, Sarah
Eaton, was born in Columbiana county, Ohio. In 1839 Mr. Richie's parents
removed to Yan Wert county, then one of the undeveloped, forest-covered
counties of the State, and proceeded to open up for themselves a home in the

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199

almost unbroken wilderness. Horace was born August 18, 1844, on the farm
upon which his parents had settled in 1839 and his early life was devoted to
the hardest of hard labor, clearing the timber from the land, planting and
harvesting the crops, and such other labor as was incident to his life as a
farmer's son in a "new" country. His opportunities for education wej'e only
such as the common schools of that day afforded. During all his life he has
been a close and earnest student of affairs, and of human nature, and an
extensive reader of the leading works of history and fiction. When about
thirty years of age he took up the law as his life work, and by a most diligent
and systematic course of study he built the foundation for his subsequent suc-
cess as a lawyer. In March, 1877, he was admitted to the Bar, and in May of
the same year he entered upon the practice of his chosen profession at Van
Wert, since which time he has diligently and with success practiced in all the
Courts of northwestern Ohio.

JOEL W. TYLER, Cleveland. Joel Walter Tyler was born in Portage county,
Ohio, of parents who were among the pioneers of the State. During his boy-
hood opportunities for education were limited, but with Tyler's fondness for
study no opportunity for learning could escape, and early in life he sought the
companionship and intimacy of the best educated people within his reach. He
was most fortunate in coming early under the influence and instruction of a
gentleman of scholarly attainments, who possessed an unusual ability as an
instructor. This was the local school teacher and, as he took a great interest in
young Tyler, he shaped and guided his w T ork not only while in- attendance at
his own school, but later when he entered an academy in the neighborhood.
So great was the boy's application to study and so unusual his ability that at
the age of ten years he was far in advance of his fellows in all the elementary
branches of education. He was especial^ proficient in arithmetic and could
easily solve problems ordinarily considered too intricate for one of his years.
The friend referred to, besides being the local school teacher, was also a doctor
of medicine and kept young Tyler in the office as much as possible when
he was hardly more than ten years old. Then, as leisure would permit, the
doctor taught him phyisology, anatomy, natural philosophy and chemistry in
promoting his mother's desire that he should become a physician. His mind
being essentially of a logical bent he did not care for the practice of medicine,
although showing ability as a student. About this time he began the study of
Latin, under the instruction of a minister who took an interest in the lad. At
about the age of fourteen he came into intimate association with a surveyor by
profession and devoted to the study of the natural sciences. This gentleman
was a " free thinker." He took the Boston Investigator, and his library con-
tained such works as Voltaire's writings, Tom Paine's " Age of Reason " and
Volney's " Ruins." Such an appreciation did this friend have for the boy's
-ability and learning that he engaged him when he was but fifteen to take
charge of the district school, and gave him a home meanwhile. Here young

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Tyler had an opportunity to stud\ T the sciences, particularly astronomy, and
delve in skeptical literature, but oddly enough he believed in the teachings of
Jesus and claimed to be a Christian to his dying day ; but never united with a
church or subscribed to the creed of any denomination. After closing his
school ,he went to Hudson, Ohio, and entered a preparatory school for
Western Reserve College. Here his eyes became affected from study, and he
was obliged to give up the full course. He attended the lectures on science
delivered to the senior class by those eminent scholars Loomis and St. John,
and for six months he hired a person to read to him in mathematics and
a Latin grammar while obliged to remain in a darkened room. He began the
study of law when about eighteen under Esquire Wheaden at Hudson,
with whom he remained over two years, a portion of the time studying
at night and teaching during the day. On the advice of Mr. Wheaden
he entered the office of Tilden & Ranney. at Ravenna, with whom he
remained for a year and a half, when he was admitted to practice. After
travelling through Illinois, Wisconsin and Ohio Mr. Tyler finally settled at
Garrettsville, Ohio, and entered upon the practice, obtaining in a short time a
clientage in Trumbull and Summit counties, as well as Portage. In 1851 he
removed to Kent, then known as Franklin Mills, where he declined a nomina-
tion for State Senator. He gave particular attention to the laws governing
banking, manufacture and railroads. The mortgage drawn by him in 1851, to
secure the payment of $4,000,000 in bonds issued by the Franklin & Warren
Railroad Company was regarded as a model, and the form has generally been
adopted for such instruments. From 1853, until work was suspended in 1858,
he was general solicitor of the Atlantic & Great Western Railway, and in
the meantime removed to Mansfield, whence in 1858 he w T ent to Warren and
formed a partnership with Judge Matthew Birchard. Mr. Tyler was an
ardent Republican and participated actively in campaigns. In 1860 he was
elected judge of the Probate Court. He did not enter the army on account of
his official duties, but used his influence on the stump and elsewhere to secure
enlistments, promising to turn over his office to any worthy lawyer who
might be wounded in the service. He was re-elected and soon afterwards
resigned in favor of Mr. Youmans, a wounded soldier, whose appointment he
secured from Governor Brough. In 1865 Mr. Tyler removed to Cleveland to
accept the solicitorship of the Atlantic & Great Western Railway. Soon
afterwards he formed a partnership with Judge Rufus P. Ranney, who
resigned from the Supreme Bench, and the two were associated together
as solicitors of the railway company until 1869, when the financial embarrass-
ment of the road culminated in foreclosure and a subsequent receivership.
Mr. Tyler was attorney for the receivers. About the same time he became
solicitor of the Cleveland, Lorain & Wheeling Railroad, and retained
the position until his death. Mr. Tyler's active Republicanism brought him
into contact with the leaders of the party in Ohio, and among his personal
friends were Sherman and Garfield. Mr. Tyler was a man of refined taste and
literary culture. Being on intimate terms with Horace Greeley he received a

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201

letter of introduction from the latter to Washington Irving, and the presenta-
tion of this letter to the popular American author was an incident cherished
in his memory. Notes of the interview are published in " Irving's Life
and Letters." Mr. Tyler, was married three times; first to Nancy V. Horr,
who lived but a few years after marriage and left one son who has since died;
second, to Sarah A. McKinney, by whom he had two sons, Charles W., a
journalist, residing in New York, and William B , a lawyer, who practiced
law with his father in Cleveland until the latter's death and then removed to
New York ; third, the widow of James B. Parish, and whose maiden name
was Emer I. Waite and who in girlhood had been a pupil of Mr. Tyler.

HENRY C. WHITE, Cleveland. Honorable Llenry Clay White is a native
of Cuyahoga county, born just outside the limits of the city of Cleveland, Feb-
ruary 23, 1839. He is of English-Welsh extraction. His parents were natives
of Massachusetts and of Berkshire county in that State, where they were
reared, educated and married. The ancestors of both were among the early
settlers of the Connecticut colony. His mother, Sabina Williams, was
of Welsh descent. In her childhood days she was a schoolmate of the Fields,
who have since achieved such remarkable distinction at the Bar, on the Bench
and in commercial affairs. His father, Wileman W. White, emigrated from
his native town of Lenox in 1815 to seek a home in the new commonwealth
of Ohio, leaving his young wife in her girlhood home at Stockbridge until he
should find the conditions desired for a location in the West. The vicinity of
Cleveland offered many natural advantages and inducements to industry and
enterprise, and here the family tree was planted — possibly it is more accurate
to say the forest tree was removed to ma'ke room for the family cabin of the
settler. The next year he returned to Massachusetts for his wife and the
household gods, and brought them all the way to Cleveland in a wagon. He
was an architect, a builder and a millwright, whose skill and public spirit con-
tributed much to the improvement to the frontier and the development of its
resources. He built manv of the mills in the neighborhood of Cleveland and
acquired a large landed estate before his death. Judge White was little more
than three years of age when his father died, but he was fortunately possessed
by heredity of those moral and intellectual traits and tendencies which need
little repression and only gentle guidance to make the strong, capable,
successful man. His education received careful supervision. Arrived at the
age of eleven his guardian placed him in the school at Hiram, out of which
was subsequently evolved Hiram College. He remained in the school only a
term and a half on his first entrance, but returned to it in 1856 and remained
four years. James A. Garfield, a graduate fresh from Williams College, was
then principal of the school at Hiram and stood in the relation of teacher to
young White for a period of four years. It is the deliberate opinion of
Judge White, founded upon personal observation and study of the man in all of

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his relations, that Garfield achieved his greatest success in life as a teacher of
young men and boys. The high positions afterwards won and held with pop-
ular approval never obscured that success, in the judgment and the memory
of such as received his instruction at Hiram. Possibly the halo that encircled
the brow of the general, the congressman and the President, lends a peculiar
charm to the memory that '• he was once my teacher." After completing his
course at college Mr. White entered the Law Department of the University
of Michigan, where he enjoyed the benefit of instruction and lectures by Judge
Thomas M. Cooley, James V. Campbell and Charles I. Walker, who composed
the first faculty of that school, and were among the greatest lawyers of the
West, even then. He was graduated as an LL. B. in 1862 and was admitted
to the Bar at Cleveland. The War of the Rebellion had so depleted the popu-
lation by calling men to the front, and the interests dependant upon the
issue were so completely absorbing the attention of the remnant that a young
lawyer found it difficult to secure business enough for a livelihood. There
was, indeed, comparatively little practice for the old lawyers. So young
White took employment in the office of the county clerk, where he was
enabled to earn a salary and at the same time keep in touch with the courts
and lawyers. He held the position for ten years and then resumed the general
practice of the law, which was continued without interruption until 1887.
Daring all this time he formed but one business and professional partnership
and that was with William Robison, now deceased. He won and maintained
a high standing at the Bar, by his acquirements and accomplishments in the
law, and his regard for the character and dignity of the profession. One
writer sa\ 7 s two things are essential to the highest success of a lawyer : "To
possess himself entirely of the facts in his case, and believe in its justice." This
is rather a narrow view of the qualifications of a lawyer, and certainly Judge
White in active practice surpassed the requirements of the two essentials. He
was much more than a "case lawyer." He did not cram and prepare
in a limited sense to gain a single case, but pondered deeply the principles and
informed himself in the philosophy of the law. He studied his cases and
believed in them, but in a much higher and broader sense he sought to under-
stand the cold law and believed in abstract justice. In 1887 he was elected as
candidate of the Republican party to the office of Probate Judge of Cuyahoga
county. He succeeded Daniel R. Tilden, a relative of the great Samuel J.
Tilden, of New York, who had held the office thirty-three years. Judge
White has already been re-elected four times and his administration of the
trust is so clean and able that the tenure for him as long as that of his prede-
cessor would be extremely desirable. Fortunate indeed are the widows and
orphans and devisees whose rights are determined and whose estates are
adminstered by such a judge — pure-minded, righteous and upright. His guide
is the law; his rule of action, duty. The work of the office frequently involves
prodigious industry and unwearied diligence to ascertain under the law the
exact rights of claimants whose interests are conflicting. It sometimes requires
patient investigation and honesty of judgment to determine the distribution

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203

of an estate in a reasonable, benignant spirit, according to equity, when the
letter of the law is not adapted to all the complications. Judge White is
endowed with the capacity for work, the intellecual integrity which impels
an observance of the demands of justice and a conscientious sympathy which
insists upon a consideration of pending rights, in all their breadth and depth,
before a final decision. The measure of popular esteem entertained for him
is indicated by his election five successive terms to the office of Probate Judge.
He has never been a candidate for any other office. His professional standing
is excellent. He is professor of Testamentary Law in the F. T. Backus Law
School of the Western Reserve University, and occupies the chair of Medical
Jurisprudence in the Cleveland Medical College, whose graduating class last
year numbered fifty-five. Judge White is a gentleman of cordial manners and
pleasing address; in social intercourse the incarnation of urbanity. He is a
popular orator, whose addresses are not only entertaining but effective in the
advocacy of any matter of public concern. He is a member of the Masonic
Order, in which he has advanced to the thirty-second degree. He has member-
ship in the Union, Colonial and Masonic Clubs, but his social qualities find
their best expression in his family and home. He was married in 1866 to
Sabina M. Capron and has four children, two sons and two daughters.

HORACE FOOTE, Cleveland. Judge Horace Foote, deceased, was born
March 21, 1799, in the southern part of Hartford count} 7 , Connecticut. His
father, Roger Foote, was a farmer, who was also born in Connecticut. The
family was of English extraction. He was the fourth son in a family of ten
children. His early life was spent upon his father's farm, and during the
winters he was sent to the country district schools. His brilliancy and acute-
ness of mind were manifested at an early age, and at fifteen he had gone
beyond his classmates and was sent to an academy at Cheshire, Connecticut.
Here he began the study of the classics, and in the course of a year or so he
had made such progress that he felt he could stand an examination for admis-
sion to the freshman class in Yale College. One of his classmates, Seth Pad-
dock, afterwards a Bishop of the Episcopal Church, was also anxious to obtain
a college education ; so the two quietly left the academy without the knowl-
edge of an} 7 one and walked all the way to New Haven. Having no acquaint-
ance with any person connected with the college, and seeking no outside
influence, they asked for an examination. The request was granted ; both were
admitted upon disclosing their identity, and upon the merit of their scholar-
ship alone they were entered, not in the freshman, but in the thi r d term of the
sophomore year. This was in 1818. Young Foote remained at Yale two
years, when he was graduated with high standing. Among his classmates
and intimate friends were President Woolsey, of Yale ; Solomon Stoddard, of
Vermont, and Leonard Bacon and Alexander T wining, of New Haven, who
became celebrated in the professional and literary world, and were at one

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time professors in Yale. President Woolsey was the honor man and the vale-
dictorian of the class; Horace Foote and Solomon Stoddard having orations.
There was a standing premium (The Bishop Berkley premium of $50) every
year offered for the student who passed the best examination in three Greek
and three Latin books. Alexander Twining, Mr. Williston and Horace Foote
competed for this prize. Mr. Foote made no especial preparation for this
examination, but as he was exceedingly fond of language studies it was his
custom to read further in the classics than the course required. The lessons
assigned did not occupy all of his time or give him sufficient work. He was
therefore able to win the prize, although he had never looked into certain of
the books used. During his term in college he also studied French. After
graduating he immediately began the study of law in the office of Seth P.
Staples, a distinguished lawyer in New Haven, and two yeais later was admit-
ted to practice. He then went to Geneseo, New York, to open an office, but
his father dying about this time he went back home to look after the farm
and family, which needed his care, and he remained two or three years, rais-
ing, as he once said, "potatoes, beans and a litile of everything and not much
of anything." During this time he carted his produce to market more than
ten miles over very bad roads. After leaving the farm he went to Chatham,
where one of his brothers was engaged in merchandising, thence he went to
Cincinnati to look after some business for the merchant brother. Soon after-
wards his health failed, and for several years he was an invalid. "Whilst sick
he visited Cleveland, where a brother-in-law resided, then went back to Con-
necticut to consult a physician. He really thought he was going to die, but
with skillful treatment and rest he completely recovered. Before leaving
Connecticut for Cincinnati, in the year 1834, he was married to Mary Elenor
Hurd, of Middle Haddam, that State. He was regarded by the professors of
Yale as a brilliant and thorough scholar, and after graduating was invited by
them to deliver an oration the following year. In 1836 he removed to Cleve-
land, residing in what was then called the City of Ohio, now the West Side,
where he opened an office and began the practice of law. He soon came to be
regarded as a strong lawyer, although not a great jury advocate. He knew and
remembered about all there was in the text-books and was an excellent pleader.
The law business of this Bar then was not large, but he had to contend with
Sherlock J. Andrews, who was the greatest jury advocate in this section of
the State; Henry B. Payne, Bolton, Kelly, Bishop, Backus and others. He
was judicial in his methods, and strong and clear in his ideas and enunciation.
He of all of them was regarded as the best lawyer, although perhaps not the
most brilliant. In 1854 he was elected judge of the Common Pleas Court,
which position he held for twenty years consecutively. During this period he
was looked upon by the people as an oracle of the law and when he had care-
fully considered a case and given his opinion it was regarded as settled as the
Supreme Court would decide. His decisions were rarely if ever reversed by
that tribunal. When too old to longer endure the fatigue and labors of the
Bench, he retired from active life, leaving a judicial record of which an}' man

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205

might be justly proud. Judge Foote was a man who never adopted any of
the arts of the demagogue to win public applause. When he was elevated to
the Bench it was because of his especial fitness for the position. If he was
more distinguished than his brethren at the Bar or on the Bench, it was
because of his superior learning, legal acumen and ability. He was a peculi-
arly modest man and so despised ostentation and brag in others that he
seemed to make an effort to hide his own light " under a bushel " lest some
one might think he was arrogant and assuming. It was said of him that he was
cold and wanting in the pleasant courtesies of life ; yet it may be truly said of
him as it was of anotner, " Lofty and sour to those who loved him not, yet to
those friends who sought him, sweet as summer." Judge Foote was a man
who was terribly in earnest. He acted as though he thought time was given
him only to use, and every minute of it. When he made up his mind,
he was sure he was right, and he expressed his opinion with so much clearness,
precision and force that even those who differed with him on the trial felt
that perhaps he was right — and he generally was. He was a most uncom-
promising energy of fraud, and sometimes he thought he discovered it when
it did not exist. His manner was dignified even to austerity. Pie had so high
an opinion of the dignity of the judicial position that to the younger mem-
bers of the Bar he seemed sometimes severe and unapproachable, but he had
no pride of opinion. His mind was so acute that he could catch the force of
an argument as soon as the point was stated, and whatever may have been his
expressed convictions, if the argument showed him wrong, he would change
instantly and acknowledge his error. It was not necessary for the young-
practitioner to come before him with his arms full of authorities. He knew
the law without the aid of books, and he always gave the younger or weak the
benefit of his knowledge when he decided the case or charged the jury, which
often amounted to the about the same thing. Judge Foote died November
16, 1884, in his 86th year. He had married Mary E. Hurd in early manhood,
and to them were born six children, three sons and three daughters. One of
the latter died in 1881. His widow survived him about six years. All of the
sons and two of the daughters are still living.

Note. — Upon the death of Judge Foote a memorial meeting of the Bench
and Bar of Cleveland was held. It was attended by all the representative
men in the profession. Judge Rufus P. Ranney presided and delivered a very
able address. He was followed by addresses from a number of the leading
men of the Bar.

We are indebted to W. C. McFarland, a member of the Cleveland Bar,
for much valuable information as to the early life of Judge Foote. He was a
close and intimate friend of the judge in his declining years.

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JAMES M. HOYT, Cleveland. The late James M. Hoyt, LL. D., was born
at Utica, New York, on the 16th of January, 1815. Both his father and
mother were of Puritan descent. Great care was exercised in the preliminary
education and training of their son. At an early age he entered Hamilton
College, New York, and was graduated in 1834. Upon leaving college he
commenced the study of law in his native city, but in a short time removed to
Cleveland, and in 1836 read law in the office of Andrews & Foot. On his
admission to practice in the following year, the law firm of Andrews, Foot
& Hoyt was formed, and continued for twelve years thereafter, when Judge
Sherlock J. Andrews withdrew from the firm, upon being appointed Judge of -
the Superior Court of Cuyahoga county. The firm of Foot & Hoyt continued
until 1853, when Mr. Hoyt withdrew from the practice of law and turned his
whole attention to the purchase of real estate in Cleveland and vicinity.
Shortly after arriving in Cleveland he became connected with the First Baptist
Church Sunday School, and was for twenty years its superintendent. He
then resigned and became teacher of a Congregational Bible class. Although
never ordained a minister, for twenty years he preached at intervals, having
been licensed for that purpose by the church with which he was connected.
In 185-1 he was chosen president of the Ohio Baptist State Convention and
was annually for twenty years thereafter elected to that position. He pre-
sided over anniversary meetings of the church in nearly every city of the
State. He was chosen president of the American Baptist Home Mission
Society, the National organization of missions in North America, and was
elected at each subsequent annual meeting until 1870, when he retired. For
eight years he was president of the Cleveland Bible' Society, an auxilliavy to
the American Bible Society. In 1877 he was elected a member of the State
board of equalization, a body charged with important duties, having the same
constituency as the State Senate, and which for high character, talent and
practical business sense was probably never surpassed in the history of the
State. In 1873 he was appointed to represent the interests of the people on
the Cleveland board of public improvements. In 1870, Dennison University
at Granville, Ohio, conferred upon Mr. Hoyt the degree of Learned Doctor
of Laws, and the distinction was well merited. In 1836 he married Mary
Ella Beebe, in the city of New York, and six children were born of this union.
Of these, the eldest son, Wayland Hoyt, is an eminent Baptist divine; Cole-
gate Hoyt is a leading business man residing in the city of New York, and
James H. Hoyt is one of the representative lawyers at the Cleveland Bar.
Mr. Hoyt died at his home in Cleveland on Sunday, April 21, 1895, having by
his upright life, abounding in good works, builded for himself a monument
more enduring than brass or marble. Among those not engaged in scientific
pursuits very few had kept more steadily abreast of the progress of modern
science. He had an affluence of language and a rich imagination, with the
poetic sense, but his imagination was always kept in subordination to the
reason and the judgment. The career of Mr. Hoyt will fill a wide space in
the history of Cleveland. He came when our city had not given its fullest

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207

earnest of the bright future which has been realized in its present population
and wealth, its culture and its institutions, public and private, which meet the
eye on every side and are a source of so much pleasure to us all. He has fur-
nished an example for the imitation of the young men in our midst who would
do something for common welfare in their day of generation. His influence,
we are sure, will long be felt, and will be an inspiration to those who would
strive to accomplish the greatest good in the place where their lot has been
cast.

" Peace to the just man's memory, let it grow greener with the years and bloi-som through
the flight of ages.

Let the light

Stream on his deeds of love that shunned the sight
Of all but heaven ; and in the book of fame

The glorious record of his virtues write,
And hold it up to men, and bid them claim
A palm like his, aud catch from him the hallowed flame."

He was well acquainted with the doctrines of the different schools of
theology, but while cherishing his own religious creed without the shadow of
a turning, he was ever prompt to raise the healing voice of charity for the
opinions of others. His mind was most acute and discriminating, and by a
natural selection he seemed to take special pleasure in the investigation of
metaphysical truth. But in analyzing and tracing the operations of the intel-
lectual faculties he never fell into mysticism, but always moved in the cloud-
less region of large, sound, common sense. He was a fond lover of nature ; he
constantly interrogated her and acquired a rare knowledge of her trees and
flowers. At a meeting of the Bar of Cuyahoga county, on the occasion of the
death of the Honorable James M. Hoyt, by unanimous election Judge
Franklin J. Dickman was chosen chairman, and by his permission we quote
the following from his address :

" One of the most striking proofs of the respect and consideration in which
the legal profession is held in this country may be found in the fact that when
distinguished citizens have reached the highest political honors they deem it
no disparagement to return again to the ranks and become instruments for
advancing the cause of justice, for vindicating the rights and redressing the
wrongs of their fellow men. And not only is the profession itself, from its
aims and objects, ennobling in its nature, but it derives lustre in turn from
those who follow it. If we seek exhibitions of the rarest intellectual powers,
we find them at the Bar and on the Bench. The historv of jurisprudence is
illumined by the intellectual triumphs of Erskine and Pinkney and Choate at
the Bar, and of Hardwicke and Mansfield and Marshall and Kent and Story
on the Bench. But after all, in estimating- the world's best men and greatest,
it is moral power, moral attributes that weigh most in the scale It has been
well said by Charles Sumner that the true grandeur of humanity is in moral
elevation, sustained, enlightened and decorated by the intellect of man. It was
the combination of moral with intellectual traits that gave Mr. Hoyt his
prominence and influence among those who knew him. It was in the sunshine
of the heart that the fruits of his intellect were ripened. Few men were
moved by a stronger benevolence and soul ; few men more thoroughly per-
meated by a love of his fellow men. He lived as ever in his great Taskmaster's

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eye, and in obedience to the divine command to love your neighbor as your-
self. His affections expanded to embrace the near and the remote, and he
was always ready to deal out with a generous hand that he might ameliorate
the condition of sufferers around him, and even of the distant heathen who sat
in the region of darkness. The sentiment of the Roman dramatist, ' Humani
nihil alienum,' would have been a fitting motto for his shield. It was from
this broad humanity, this disposition to promote human happiness, that in his
purchase of large tracts of real estate in and around Cleveland — and its
division into lots and sale for homesteads, he rarely foreclosed a contract or
mortgage. Hence it was that the poor and honest laboring man who was
struggling to secure a homestead was quick to purchase of him, for he knew
that if misfortune overtook him he would be treated with forbearance and
indulgence. Thus it was, too, that while his philanthropic kindness dispelled
anxiety and distress from many a household, he had the satisfaction of wit-
nessing his own contribution to our city's rapid growth, for it has been
estimated that nor far from a thousand acres of city suburban property were
owned by him, wholly or jointly with others, and subdivided into lots and sold
for settlement, and that more than a hundred streets were opened and named
by him. But I would not on this occasion omit to notice some of the mental
characteristics of Mr. Hoyt. As a lawyer he was well versed in the doctrines
of equity. He was thoroughly grounded in real estate law, and unravelled
with more than ordinary ease the complicated difficulties in which titles to
real property are often involved. He read history extensively, and studied its
lessons in the spirit of philosophy. He was fond of belles-lettres, and had a
delicate appreciation of the best productions in English poetry and prose. Pie
was a constant and habitual reader, not only of speculative and philosophical
but of practical works."

HENRY McKINNEY, Cleveland. Henry McKinney. ex-judge of the Court
of Common Pleas for Cuyahoga county, was born at Canfield, Ohio, October
9, 1828 ; was educated at the Western Reserve Seminary at Farmingtdn,
Trumbull county, and at Twinsburg Institute, of Twinsburg, Ohio. He read
law two years with Judge J. W. Tyler and one year with Judge S. W. Mc-
Clure ; was admitted to the Bar in 1850 and immediately formed a partner-
ship with his former preceptor, Judge McClure, under the firm name of
McClure & McKinney. This lasted fifteen years. He then formed a partner-
ship with N. D. Tibbals, of Akron, which continued eight years. In the spring
of 1873 Mr. McKinney came to Cleveland and practiced law in connection
with Judge Tyler and A. C. Casky. While residing at Akron he was prose-
cuting attorney from 1856 to 1858, and was State Senator for Summit and
Portage counties. In 1880 he was elected Judge of the Court of Common
Pleas ; served one term of five years, and three years on his second term, when
he resigned and became a member of the law firm of Ranney & McKinney. This
partnership was continued several years. Judge McKinney retired from act-
ive practice when in the full vigor of his manhood. He had no superiors and
few equals in Ohio, possessing a thorough knowledge of legal principles, a
clear, logical mind and a wonderful power of discrimination. He was one of
the most powerful trial lawyers at the Cleveland Bar, presenting his points

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209

with a force and clearness both effective and remarkable. In jury trials he
was peculiarly strong and forcible. His oratorical powers were of the highest
order. Judge McKinney is to-day considered by the Cleveland Bar to have
been one of the ablest jurists ever upon the Bench in Cuyahoga county. His
rulings and decisions were clear, logical and remarkably sound.

CARLOS M. STONE, Cleveland. C. M. Stone, judge of the Court of Com-
mon Pleas, was born in Strongville, Cuyahoga county, March 27, 1846. His
father, Montraville Stone, who came to Ohio from Vermont in 1830, was a
farmer, and for the last twenty } 7 ears of his life was a banker. His mother,
Mary A. Smith Stone, was born in Ohio. Both father and mother were of
English ancestry, his father's family coming from Somersetshire and settling
in New England in the early part of the seventeenth century. Judge Stone's
early education was received in the district and select schools of the county.
He entered Oberlin College in 1861, but left in his junior year, in 1867, and
entered the office of the district attorney, A. T. Brinsmade, at the same time
becoming a student of the Ohio State Union Law College (now out of exist-
ence) taking his degree in 1869. Young Stone, when quite a boy, determined
upon law for his profession, and entered college with that object in view. The
influence which probably had more to do with his decision than any one thing
was his early association with his cousin, Judge Walter F. Stone, of Sandusky,
late judge of the Supreme Court of Ohio. The latter was a frequent visitor at
his father's home, and as a child he formed a great admiration for him and
determined to follow in his footsteps. After taking his degree of LL. B. he
immediately entered into practice and shortly afterwards became a partner of
his preceptor, under the firm name of Brinsmade & Stone. This partnership
continued until 1875. He then formed the partnership of Stone & Hessen-
muler, from which he retired upon assuming the duties of prosecuting
attorney. He was elected prosecuting attorney at the October election in
1879, taking the office on January 1, 1880. While serving his first term the
law was changed, making: the term of office three vears instead of two. He
was re-elected in 1882, retiring from office in 1885. He then resumed the
practice of law under the firm name of Stone, Hessenmuller & Gallup, but
in the fall of the same year he was elected Judge of the Court of Common
Pleas, taking his seat on the Bench in November, 1885. He has twice been
re-elected and is now serving his third term since coming to the Bench.
Many important cases have come before him. A brief mention of two of these
cases is not out of place here.

Stevenson Burke vs. The Cleveland, Columbus, Cincinnati & Indianapo-
lis Railway Company. In March, 1889, The Cleveland, Columbus, Cincinnati
& Indianapolis Railway Company, The Indianapolis & St. Louis Railway
Company, and the Cincinnati, Indianapolis, St. Louis & Chicago Railway
Oompany agreed upon a contract of consolidation, by the terms of which the

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companies named were to become one company, under the name of the Cleve-
land, Cincinnati, Chicago & St. Louis Railway Company, with a capital stock
of $30,500,000 (These roads are now popularly known as the Big Four.")
The action was brought to enjoin the carrying out of the agreement of consol-
idation. The judge held that these roads were not in their general features
t; parallel and competing," but formed a continuous line, and that under the
laws of Ohio the proposed consolidation was fully authorized, and thereupon
refused the injunction. The case attracted general attention both East and
West because of the magnitude of the interests involved. The decision stood
as the law of the case and was not questioned in the higher courts.

One of the pioneer cases in Ohio involving the use of electricity in oper-
ating street cars came before Judge Stone in 1889, the title of the case being
F. W. Pelton and others vs. The East Cleveland Street Railway Company.
This company owned and operated a street railway along Euclid Avenue and
other streets in the city of Cleveland, its cars being drawn by horses. In July,
1888, the city council authorized the company to use electricity as its motive
power, by means of the overhead wire system. The plaintiff's, who were abut-
ting property owners upon the streets through which the compan} r operated
its lines, sought by their action to prevent the proposed change, claiming it
could not lawfully be done under the original grant made to the company.
The court decided that " In the operating of a street railroad the change in
the motive power from horses to that of electricity applied by means of the
overhead wire system, does not constitute a new and additional burden upon
the street, entitling abutting lot-owners to compensation before such change
is. made ; or to an injunction to prevent such change." This view of the law
in the case was sustained by the Supreme Court of the State. More than
usual local interest was felt in the case, not only because of the novel questions
involved, but because the eminent jurist, Honorable Rufus P. Panne}',
appeared in person to argue the case and had for his opponent Judge Steven-
son Burke, the distinguished railroad attorney and operator.

Judge Stone was too young a man when elected to the Bench to have
developed into a great lawyer ; he, however, was a most successful practi-
tioner. He had the reputation of preparing his cases with great care, and con-
ducted the trial of them with marked ability. As a man he possesses a high
sense of honor, an unexceptional character, always faithful in the discharge of
a trust. As a jurist he can better be judged, for the best years of his life thus
far have been spent upon the Bench. Always courteous, careful and conserv-
ative, he exercises the greatest patience in the trial of cases brought before
him. Industrious and painstaking in his investigations, and conscientious in
his conclusions, as in all his work, his decisions usually bear the test of criti-
cism and review. One of the strongest testimonials of his character as a man
and his standing as a judge is the fact that he is now serving his third term.
Different from the average lawyer and judge he is a man of wide reading in
general literature and is well posted on both historical and sociological ques-
tions. He has always been a Republican, taking as active an interest in polit-
ical matters as he could, consistent with his position as judge. In 1884, he
was chairman of the county central committee that conducted the Blaine cam-
paign in the county. He is a member of the Cleveland Chamber of Commerce.
He was a member of the Peace Congress which met in Washington in 1895,
and on the 17th of March, 1896, delivered a very able address before the

ilw Century Publishing & Engraving Or. Qucagir.

BENCH AND BAR OF OHIO.

211

Cleveland Chamber of Commerce, upon "A Permanent International Court of
Arbitration." This address has been most highly spoken of. In 1872 Judge
Stone married Jeanette Follett, and by this union has two children, both girls.

JAMES H. HOYT, Cleveland. Mr. Hoyt was born in the city of Cleveland
on the 10th day of November, 1852. His father, James M. Hoyt, was a native
of the State of New York, but resided in Cleveland from 1836 until his death
in 1895. He was a lawyer in the front rank of his profession, of liberal cul-
ture, prominent in business affairs, public-spirited, and most active and influ-
ential in promoting the cause of religion and benevolent enterprise. The
mother of James H. Hoyt was Mary Ella Beebe, a native of New York City.
She was a woman richly endowed with graces and accomplishments — with
traits of mind and character that rendered her singularly attractive to all who
knew her. James II. Hoyt received his early education in the public schools-
of Cleveland and the preparatory department of the Western Reserve Univer-
sity, at that time located at Hudson, Ohio, but now at Cleveland. He after-
ward entered Brown University, and graduated in 1874 with the honor of
class orator. His career at the University was one of marked success, and;
gave an earnest of his future distinction. Among the professors and resident
graduates in Providence, Rhode Island, he is still remembered, after a lapse of
over twenty years, for the native vigor of intellect and scholastic attainments
that distinguished him during his undergraduate course at that institution.
Returning to Cleveland he commenced the study of law in the office of Spald-
ing & Dickman, where he remained one year, when he entered the Harvard
Law School, taking the degree of LL. B. in 1877. In the study of his profes-
sion he was indefatigable, and laid up a store of elementary principles by
which he has been enabled to solve with great readiness difficult and compli-
cated questions as they have arisen in an extensive practice, and in solving-
which he could get but feeble light from adjudicated cases. The writer of this
once heard Judge Spalding remark, that while in his office he on one occasion
heard Mr. Hoyt analyze a legal proposition in a vt&y that reminded him of the
old-school lawyers in Connecticut, who had been trained in the Litchfield Law
School under Chief Justice Swift, to seek for the philosophy of the law, and to
go up to the fountains rather than follow the rivulets. Upon being admit-
ted to the Bar he at once commenced the practice of his profession with Henry
S. Sherman, under the name of Sherman & Hoyt: Afterward the partner-
ship of Willey, Sherman & Hoyt was formed, which continued in successful
practice for several years. Later Mr. Willey retired, and the firm of Sherman
& Hoyt continued until 1884, when it was succeeded by that of Sherman,
Hoyt & Dustin. In 1893, upon the death of Mr. Sherman, the firm became
Hoyt & Dustin for one year, when Mr. Kelley became a member of the present
partnership of Hoyt, Dustin & Kelley. This firm is one of the best known in
Ohio, and its practice is largely in the line of corporation, commercial, admi-

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ralty and patent causes. Mr. Hoyt is well known as a lawyer of eminent
ability. He is a cautious, safe and wise counsellor, and is vigilant and sagacious
in watching the important interests intrusted to his charge. He is frequently
engaged in cases before the Supreme Court of Ohio, and always commands the
respect and close attention of that tribunal. As an orator he has few if any
superiors in his State. While he never fails to address himself to the reason
and judgment, he has the faculty of imparting interest to the dryest details.
With ample stores of knowledge, derived from reading and observation, with an
affluence of speech, written and spoken, with a fund of ready wit and humor,
with an imagination and fancy curbed with a skillful hand, with a clearness
and precision of statement, he could not fail to be in general requisition when
popular assemblies are to be addressed. In politics Mr. Hoyt is a Republican,
always taking an active interest in political affairs, and known throughout the
State as having rendered yeoman service for his party. While he has never
held office, he has been a candidate for the nomination of governor of his
State., The city of Cleveland and the county of Cuyahoga, in which he resides,
were enthusiastic for his nomination as governor; and there was a general feel-
ins: throughout northern Ohio that if nominated and elected he would be the
right man in the right place. He is an especial favorite of his party, and as
long as merit and superior fitness and qualifications are appreciated by a dis-
criminating public, he will continue to grow in popular favor. Mr. Hoyt is
now the general counsel for the Cleveland Chamber of Commerce, and as a
member and director of that body, has always taken a most active and promi-
nent part in its work of advancing the interests of the city of Cleveland. In
1885 he married Miss Jessie T. Taintor, and has two children, a daughter and
a son.

ROBERT F. PAINE, Cleveland. The parents of Robert Findley Paine
were from Connecticut, whence they removed to Madison county, New York,
where Robert was born the 10th day of May, 1810. He was the second son of
Solomon J. and Lucretia Bierce Paine, who were both natives of Cornwall,
Connecticut. His father was the son of Rufus Paine, and his mother the
•daughter of William Bierce, both of whom served in the American army dur-
ing the entire War of the Revolution, and both lived to be over eighty years of
aae. On his father's side his ancestors could be traced to Robert Treat Paine,
one of the signers of the Declaration of Independence. This would indicate
that on his paternal side he is of English descent and that the Paine f amity
came to Connecticut from Massachusetts. In March, 1850, Solomon Paine
came West with his family and settled at Nelson, Portage county, Ohio, where
they continued to live until his death in 1828. Young Robert had but little
opportunity to obtain an education. He daily walked a mile and a half to the
log school house, and after he was nine years of age was obliged to work
on the farm during all but the winter months. At the time of his father's

BENCH AND BAR OF OHIO.

213

death young Paine was eighteen, but even then manifested the pluck and
steadfastness which were the prominent features of his character and the great
sources of his success in after years. He took entire charge of his father's
family, and continued to provide for them until the children were able to take
care of themselves. He was obliged to educate himself. This hard fact he appre-
ciated, made the best of circumstances and did get a good education. Judge
Paine began the study of law in 1837, while a clerk in a crossroads store. With
but few books and without an instructor he devoted his leisure hours to hard
study. Not having had a single previous recitation, he was examined at the
September term of the Supreme Court, then sitting at Ravenna, in 1839, and
was admitted to practice. He got his legal education as he got everything
else in early life, by unremitting toil ; by his own exertion alone. The follow-
ing quotation from J. H. Kennedy's History of Cleveland gives an idea of his
condition: "Judge Robert F. Paine, of Cleveland, once used these words in
describing the home accommodations of his boyhood in Portage county : ' We
possessed few dishes of any kind. There was a man in Trumbull county who
made them of wood, and his advent into a neighborhood would cause more
excitement than the establishment of another national bank in Cleveland to-day.
We ate at what we called trenchers, a modern affair in shape something like a
plate. Our neighbors were in the same condition as we, using modern plates,
modern bowls, modern everything, and it was years before we could secure
dishes harder than wood, and when we did they were made of yellow clay.'"
As soon as Judge Paine was admitted to the Bar he opened an office at Gar-
rettsville and entered upon what for those days was a good practice. In 1844
he was elected to the State legislature, being obliged to go to Columbus, a dis-
tance of one hundred and forty miles, on horseback. Judge Paine took an
important position among his colleagues and succeeded through much oppo-
sition in securing the passage of the first law in Ohio granting to women the
rights of property. So satisfactorily did he represent his constituents that he
was offered a renomination, but declined the honor. He was, however, elected
prosecuting attorney for Portage county, which led to his removing to Ravenna.
While practicing law at Garrettsville Judge Paine became the intimate friend
of the Honorable Daniel R. Tilden, who, like himself, was deeply interested in
the slavery question. These two young men enthusiastically working among
their neighbors created a strong and aggressive feeling in favor of the freedom
of the negro in the United States, and together they organized the first anti-
slavery organization in Portage county, at Garrettsville. On the expiration of
his term as prosecuting attorney Judge Paine removed to Cleveland and
opened an office in May, 1848. After a short time he became the clerk of the
Court of Common Pleas, a position he retained until 1852, when he returned
to the practice of the law. About this time Honorable Daniel R. Tilden
removed from Portage county to Cleveland, and formed a partnership with
his friend, under the firm name of Tilden & Paine. The partnership was dis-
solved when Mr. Tilden was elected probate judge of Cuyahoga county, in
1854. In 1855 Judge Paine entered into partnership with James Wade, which

214

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continued until the former's election to the Common Pleas Bench of Cuyahoga
county. In 1861 Judge Paine was appointed United States district attorney
for the Northern District of Ohio, assuming the duties of tne office in May of
that year, with Mr. Wade as his assistant. When his term expired he resumed
his law practice with Mr. Wade. He was elected to the Common Pleas Bench
in 1866, where he remained as his own successor until 1874, when he again
entered upon the practice. While on the Bench Judge Paine was called upon
to try one of the most noted cases ever tried in the State, made celebrated
through his remarkable instructions to the jury. The case was the State vs.
Dr. Jay T. Galentine. The defendant was indicted for murder in the first
degree, with counts for murder in the second degree and manslaughter. The
defense was emotional or temporary insanity, which was ineffectually set up,
the verdict being guilty of manslaughter. In his charge to the jury the judge
dealt in a remarkably original as well as remarkably clear and able manner
with this class of defenses. The press throughout the country commented
editorially upon the charge, strongly endorsing its good sense, its sound rea-
soning and its unmistakable clearness. Not the least interesting incident in con-
nection with the case was a letter written by James A. Garfield, then in
Congress, to Judge Paine congratulating him, little dreaming that ten years
later he as President would fall by the hand of an assassin presenting the same
plea for his act. Following is the letter :

"Washington, D. C, February 6, 1871.
'•'■Dear Judge : — Allow me to congratulate you on your splendid charge to
the jury at the close of the Galentine case. The whole country owes you a
debt of gratitude for brushing away the wicked absurdity which has lately
been palmed off on the country as law, on the subject of insanity. If the
thing had gone much farther all that a man would need to secure immunity
from murder would be to tear his hair and rave a little and then kill his man.
I hope you will print your opinion in pamphlet form and send it broadcast
to all the judges in the land. Very truly yours, J. A. Garfield."

The portions of the charge which created the most comment are as fol-
lows : "If you should find that the defendant was overwhelmed by any real
or supposed provocation which for the moment deprived him of all power to
control his action and incapable of reasoning or deliberation, then inquire, did
the defendant by indulging passion, by meditating revenge and cultivating
malice toward the deceased for real or fancied provocation, voluntarily pro-
duce the inability to reason, reflect, deliberate and control his will, or was he
rendered powerless in these respects by the circumstances surrounding him,
and for which he was not responsible?" The judge continuing says he does
suppose one with malice in his heart to commit crime can voluntarily become
intoxicated to a point beyond self-control and then commit -crime with impu-
nity. "Nor do I suppose one * * * * can make fancied or real provo-
cation, however great the occasion, for voluntarily entertaining malice and
revenge, and thus cultivating a disposition to execute vengeance, until his pas-
sions have become too forceful to be controlled by his will and judgment and

The, Gnltiry Puiliskitur & Enora vina Or. Chicaa/r.

BENCH AND BAR OF OHIO.

215

in this condition take the life of the subject of Ms hatred with impunity. To
my mind to hold thus would be to offer a premium on depravity and encour-
age the cultivation of the worst elements of our nature."

The broadest form of the proposition laid down by Judge Paine is this, •
that a person cannot for any cause voluntarily through mental or other process
permit himself to lose his self-control and commit acts for which at the
moment he is irresponsible and not be held responsible in law. In politics — a
subject which always demanded of Judge Paine the greatest interest — he was
originally a Whig, becoming an ardent supporter of the Free-soil party in 1848.
He was a Republican almost from the inception of the party, and was one of
the delegates to the National convention which nominated Abraham Lincoln
for President in 1860. In the Grant-Greeley Campaign of 1872 he supported
the latter for the Presidency and afterwards his affiliations were with the
Democratic party. Judge Paine was a man of forceful character, incapable
of half-way measures. He was strong, energetic, full of resources and never
awed into hesitancy by any obstacle. Nothing was too much for him to
undertake, and nothing he undertook was a failure. With a very intense
nature he was at times severe, but never unjust. As a judge he was fearless
and impartial, with a mind masterful in seizing upon the point presented and
quick in decision. As a lawyer in court he was aggressive and strong and lost
his cases, when he did lose, as a good soldier may lose a battle. As a coun-
sellor he was wise and cautious. He was a ready speaker, a good debater,
logical in argument and blessed with a keen sense of humor with which he
could easily "point a moral or adorn a tale." He was first married to Miranda
Hazen, of Garrettsville, in August, 1846, by whom he had one child, a daugh-
ter, Miranda H., who is now Mrs. Oliver P. Demuth, of Cleveland. Mrs.
Paine died in August, 1848, and in 1853 he married Mrs. Cornelia H. Harris
(nee Gridley) of Cazenovia, New York, who bore him three sons : Robert F.,
Jr., now editor-in-chief of the Cleveland Press ; James W., of Cleveland, and
Findley W., of Syracuse, New York. Judge Paine's second wife died in 1870,
and in May, 1872, he married Delia Humphrey, of Summit county, Ohio, who
still survives. He died September 23, 1888, after a lingering and painful
illness.

SAMUEL WILLIAMSON, Cleveland. The late Samuel Williamson was born
March 16, 1808, and died January 14, 1884. He was a native of Crawford
county, Pennsylvania, and the eldest of the seven children born to Samuel
Williamson and Isabella McQueen. The family settled in Cleveland in 1810.
Samuel Williamson, Senior, possessed in marked degree the qualities essential
to success in a new and progressive settlement. He was well informed, honest,
energetic, far-seeing and public-spirited. While prospering in his private
business he contributed materially to the upbuilding of the city and conserva-
tion of the community interests. He served long and faithfully as a justice of
the peace, and was also an associate judge of the Court of Common Pleas.

216

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He lived until 1834, and was carrying on the business of tanner and currier in
partnership with his brother during the whole period of his residence in Cleve-
land. Samuel Williamson, the principal subject of this biography, coming to
the city when a child of two years, attended the public schools from the time
he was old enough to be enrolled until he was eighteen years of age and pre-
pared for college. He then entered Jefferson College in Washington county,
Pennsylvania, in which he pursued the regular course, and was graduated in
1829. He had already decided upon the profession of law, and immediately
after graduating began a course of reading in the office of Judge Andrews,,
than whom no student of law ever had a more competent, sympathetic
instructor. He remained with Judge Andrews two years and became deeply
learned in the philosophy and principles of the law. He was admitted to the
Bar in 1832, and formed a partnership for practice with Leonard Case, which
was maintained for two years. In 1834 he was elected auditor of Cuyahoga
county, and held the position eight years. The auditor's office is a fine school
in which to acquire knowledge of land titles in the county, if the incumbent is
inclined to improve his opportunity. Mr. Williamson devoted himself to the
study, and thus laid the foundation for that thoroughness as a real estate and
title lawyer which characterized all of his subsequent practice at the Bar.
Upon the expiration of his service as auditor he resumed the practice in part-
nership with A. G. Kiddle, and the association was practically unbroken for a
period of nearly forty years. In 1872 Mr. Williamson gave up his court
practice, and indeed all of the arduous labors of professional life, and devoted
his personal attention to the executive management of the Society for Savings,
whose president he had been for several years. In this position of semi-
retirement the last twelve years of his life were passed pleasantly. During
the period of his active connection with the Bar he gave much time to the
duties of public office. He served at various times as member of the city
council, of the board of education, of the State board of equalization, of which
he was president. He also represented Cuyahoga county in the State legis-
lature in 1850, and in 1862 was elected to the State senate. In every official
station his clear and comprehensive understanding of the duties required, and
his conscientious performance of every duty gave to his public service an
inestimable value. His intellectual originality was such that he could not be
content to leave things as he found them, if it were possible to make them
better. As a member of the board of education, for example, his activity was
conspicuous in securing improvement in methods, whose operation brought
better results. His hearty sympathy with popular education by the State gave
to his service in that behalf the character of a labor of love. His heart was
in the work. He was so earnest and so sincere in any undertaking that he
would decline employment in a case which did not permit the exercise of
earnestness and sincerity. His conscience was so sensitive as to protest against
success in a bad cause. From the memorial meetings of the Bar and other
organizations the materials for this biography are procured. It is only
necessary to summarize the statements and report the consensus of opinion

BENCH AND EAR OF OHIO.

217

expressed by his brethren. Mr. Williamson was never accredited with the
shrewdness which some lawyers cultivate — the disposition to take advantage
of a lapse or an error in order to win a case. He sought rather to discover the
merit in a controversy and press his contention upon the ground of deserving-
success. He was regarded as reliable authority on mooted questions of law,
because he never expressed his opinion without first acquiring a complete
understanding of the subject and deliberately solving the question in his own
mind ; and then his mental integrity compelled an honest answer. He was
so reliable, and his reputation so well established, as frequently to save a court
the trouble of investigation. His old preceptor, Judge Andrews, while on the
Bench, was accustomed to say, " If Mr. Williamson has looked this matter up
and arrived at a conclusion his simple word on the question is good enough
for me ; he never makes a mistake." The preponderance of opinion among
members of the Cleveland Bar assigned to Mr. Williamson first place as coun-
sellor, or an authority, upon all questions involving title to real estate. He
was so learned in these matters that his counsel or the expression of an opin-
ion probably avoided much litigation. Judge Ranney said of him:

" He came to the Bar with no extraordinary or adventitious circumstances
to give eclat or introduce him prominently before the public. He possessed
none of those rare elements of genius and oratory which are sometimes used
to obtain temporary reputations, at least, and elevate men to high positions.
His strength consisted in the fact that from the beginning to the end he
brought to the discharge of duty labor, integrity, industry and fidelity to all
the great trusts that had been imposed upon him through a long life. Whether
as a practicing - lawyer, a county officer, a legislator, or, final^, during the last
years of his life, presiding over one of the largest institutions of our city, with
immense responsibilities to the poor and those of small means, he has travelled
through life without leaving a suspicion upon any man's mind that in the dis-
charge of any of the duties which these places imposed, he has not been
faithful and honest to the utmost. * * * No man's example can be more
safely presented to the young to follow than that of Mr. Williamson."

He came to the Bar in the early history of Cleveland and brought with
him large and varied ability, habits of sobriety, of patient, continuous
industry, and a character of sterling integrity which were at once recognized,
and which identified him with the promoters of the growth and welfare of the
community. He was a good advocate, a cautious, wise and safe counsellor,
and was especially learned in equity and in all law respecting real property.
In the practice of the law he was laborious, painstaking, sympathetic and
generous. In his long and useful career he merited and possessed the respect
and confidence of the entire Bar. This represents the judgment of his
professional associates. It may be added that the respect, esteem and rever-
ence for the man increased as the relations with him became more intimate.
The frequency with which other lawyers called upon him for an opinion
attested his preeminence as a counsellor, and the acceptance of his opinion as
conclusive attested their confidence in his wisdom and the soundness of
his judgment. If he was not a brilliant advocate he was certainly a success-
ful one. The candor and sincerity of his statement, supported by a personality

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that stood for all that is true, honorable, upright and of good report, carried
more weight with a jury than mere rhetoric or impassioned oratory. For
more than twenty years he was president of the society of the First Presby-
terian Church and yet never made a public profession of Christianity. What
is of greater consequence, he lived it. He was an examplar in his daily life,
performing his duties as he came to them, whether they appertained to
the large affairs and great trusts he assumed or the little things encountered
every day. He was just as faithful and just as conscientious in the latter as
in the former. Simple and unobtrusive, kindly and benevolent, just and
upright, his life, covering three-quarters of the centur}% was irreproachable and
the memory of it is sweet to his friends. The harmony between his inclina-
tions and purposes was perfect and lasting. His moral and intellectual facul-
ties were attuned to the same pitch, so that for the accomplishment of an
undertaking all of his powers could be united. Young lawyers loved him not
more for his helpfulness than for the spirit with which he met their inquiries and
rendered the assistance. His tact and patience, his evident interest in their
advancement, gave him a hold upon their affections. Though naturally
reserved in manner his intercourse with all was marked by a genuine urbanity.
The record of his deeds and the analysis of his character may not decorate the
pages of history with as much coloring as the achievements of a hero possessed
of more showy genius, but they strengthen the generations that come after,
as they bettered the generation in which he lived. Mr. Williamson was a man
honored, trusted and beloved in all conditions and circumstances ; but in his
home he was animated by the gentle, tender spirit that adorns and glorifies
the holy relations of husband and father. He married Mary E. Tisdale
of Utica, New York, in 1843, and reared a family of three sons : Judge Samuel
E. Williamson, of Cleveland ; George T. Williamson, of Chicago, and Eev.
James D. Williamson, of Cleveland.

SAMUEL E. WILLIAMSON, Cleveland. Samuel E. Williamson is a native
of Cleveland, where he was born April 19, 18-14. His parents were Samuel
Williamson and Mary E. Tisdale. His father, a native of Pennsylvania, had
settled in Cleveland in 1810 as a boy, when the State was young and the beau-
tiful city of the lake was no more than a village. He became a lawyer, a man
of affairs and influence in the community. The early life of Samuel E. William-
son was therefore highly favored, and he made excellent use of his opportunities.
He attended the public schools until sixteen, when he was prepared to enter
the Western Reserve College. Upon completion of the course in that institu-
tion he was graduated m 1864 at the age of twenty. In his father's office he
took up the study of law, which was pursued diligently for the next two years,
until he had obtained a good knowledge of the elemental principles and
became familiar with the great commentaries and other standard text-books.
In 1866 he went to Cambridge and spent a vear in the Law School of Harvard

BENCH AND BAR OF OHIO.

219

University. In the meantime, when at home in vacation, he passed the exam-
ination before the Supreme Court and was admitted to the Bar of Ohio. In
February of the year 1867 he was admitted to partnership with his father, and
at once began the practice of law. Some years later he became associated in
partnership with T. K. Bolton and sometime later with J. E. Ingersoll. The
last association was maintained until 1880, when Mr. Williamson was elected
Judge of the Court of Common Pleas. He was inducted into the office and
served on the Bench about two years, when he resigned in order to accept the
more lucrative position of general solicitor of the New York, Chicago & St-
Louis Railroad Company. He preferred the active practice of the law, espe-
cially that branch of it which relates to railroad corporations. His record as
judge was clean and honorable ; his superior qualifications for the duties were
acknowledged, and his opinions embodied his views of the law obtained by
conscientious investigation. He might have remained on the Bench for a
long period with satisfaction to the Bar and the public, but the salary of
the judge was not equal to the salary of the counsellor, and the duties of the
latter are compatible with a larger degree of personal freedom and inde-
pendence of action. Judge Williamson has held the position of general coun-
sel of the railroad mentioned (commonly called the Nickel Plate) for the last
fifteen years. He is a lawyer of high standing and a man of most exemplary
habits, holding the esteem of his brethren at the Bar and the unqualified
respect of the community. He is a patron of education and at the same time
is wedded to his profession. In 1897 Western Reserve University conferred
upon him the honorary degree of LL.D. He is one of the trustees of that
University and of Adelbert College, and takes a deep interest in the manage-
ment of both institutions. He is president of the University School and has
membership in the American Bar Association as well as the Ohio State Bar
Association. Judge Williamson has been married twice, the first time, in
1878, to Mary P. Marsh, who died in 1881, leaving two daughters; the second
time, in 1884, to Harriet W. Brown, who is the mother of his son and is still
living.

G. E. HERRICK, Cleveland. Gamaliel E. Herrick was born Januarjr 17,
1828, at Wellington, Lorain county, Ohio. His father, Ephraim Herrick,
who was a farmer, and his mother, Chloe Louise Willcox, were both from
Berkshire county, Massachusetts, and their English ancestors were among the
early settlers of Massachusetts. On the paternal side he is of Revolutionary
stock. His grandfather, Francis Herrick, was a colonel in the war of 1812.
His early education was received in the district and select high schools, after-
wards entering Oberlin College, but sickness prevented his completing his
college course. When he was convalescent he received a very flattering offer
to engage in mercantile business, devoting two years to it. Having a natural
inclination to law, and a father who believed in allowing his children to
choose for themselves their own occupation or profession, he entered the

220

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office of Honorable Sherlock J. Andrews, who at that time was conceded to be
the greatest advocate in northern Ohio, and occupied first rank in the State as
a lawyer. He was admitted to the Bar at Mount Vernon in 1852, and at once
entered into active practice. Opening an office by himself, he continued alone
for three or four years. Business had accumulated so rapidly that he was
forced to take a partner. He thereupon formed a partnership with General
Merrill Barlow, which continued until politics took General Barlow out of
practice. In 1873, Mr. Herrick formed a partnership with his brother, Colonel
J. F. Herrick, which continued for fifteen years. He has since practiced alone.
His practice has been varied, but always of a most absorbing nature. In
the earlier years at the Bar he had a large amount of litigation, but in later
years it has been largely corporation law, and the management of large
estates. There are three estates that have been under his management for an
average of more than twenty-five years, and they are still in his hands. He
has much to do with litigation affecting property rights. Some years ago he
was counsel in two cases of great importance which established the principle
that one owning real property in a city has a valid property interest in both
light and air from the street. He was president of the Cleveland Linseed Oil
Company for about fifteen years, and is now chairman of the board. For a
number of years he was attorney for the East Cleveland Railroad Company.
In politics, Mr. Herrick has always been a Republican, but never an office-
seeker or office-holder. He is a man of great executive ability, and his advice
and aid are much sought where large interests are invoved. He has been an
active and devout member of the Presbyterian Church, and is now president of
the board of trustees of the First Presbyterian Church. He was one of the
original members of the Union and Country Clubs. In 1860 Mr. Herrick
married the daughter of his preceptor, Miss Ursula M. Andrews, and by the
Union five children were born, three of whom are living, one son and two
daughters. His son, Frank R., is a rising young lawyer, devoted to his pro-
fession. He is a member of the firm of Herrick & Hopkins. Mrs. Herrick is
dead.

JAMES M. WILLIAMS, Cleveland. James M. Williams was born in Plain-
field, Coshocton county, Ohio, July 22, 1850. His father, Heslip Williams, a
leading physician of Coshocton county, was a native of Ohio, and a member of
the House of Representatives of this State in 1845 and 1846, and of the Senate
in 1854 and 1855. His grandfather, Levi Williams, was a native of Staunton,
Virginia. He came to this State with General Wayne's army at the time of
the establishment of the Greenville treaty line. He was a captain in the ser-
vice, and on their march West the army encamped where the public square of
Cleveland is now located. His great-grandfather, David Williams, and his
great-great grandfather, Richard Williams, were both in the Colonial Army
during the War of the Revolution, and were in General Washington's army at
the surrender of Yorktown. His ancestors on the paternal side came originally

BENCH AND BAR OF OHIO. 221

from England, settling in Virginia. His mother, Charlotte Miskimen, was also
a native of Ohio. Her father, James Miskimen, came to Ohio in 1803 from
Washington county, Maryland. He was of Scotch-Irish ancestry. Mr. Will-
iams's education was obtained in the common schools of his native county, at
the Newcomerstown, Ohio, high school, and at Allegheny College, Meadville,
Pennsylvania, where he graduated in the class of 1873. He studied law in the
office of Judge J. C. Pomerene, of Coshocton, and was admitted to the Bar in
September, 1875. He practiced law at Coshocton until 1888, when he removed
to Cleveland. He enlisted as a private soldier in company C, Third United
States Cavalry during the late civil war, when he was only thirteen years
old, and served in campaigns in Tennessee, Mississippi and Arkansas. In 1883
Mr. Williams edited the Revised Statutes of Ohio, in three volumes, which
was afterwards adopted by the general assembly and furnished to the judiciary
and all the other State and county officers. In 1885 he was elected a member
of the House of Representatives of this State, as a Democrat, serving for two
years. While in the legislature he was a member of the committees on judi-
ciary, revision of the laws, and public works, and was chairman of the special
committee which prepared a code of parliamentary law for the Ohio House of
Representatives. He drafted the statute passed in 1885 providing for the
organization and jurisdiction of the Circuit Courts of the State, and the con-
stitutional amendment adopted in the same year changing the time of holding
the State elections from October to November; also the proposed constitu-
tional amendments submitted in 1889, providing for biennial elections and for
single legislative districts. He is the author of the laws, passed in 1887, defin-
ing the rights and liabilities of husband and wife; how a married person may
sue and be sued in courts of record ; and exempting every honorably discharged
soldier from the two days' labor then required on the public highwa} 7 s. Mr.
Williams is well known as a practitioner before the Supreme Court of Ohio.
He has appeared frequently before that court in causes involving important
constitutional questions. His arguments have always been characterized by
clear and forcible statement, searching analysis, and great argumentative power.
In the notable case of Cope vs. Foraker, governor, the issue was the adoption
or rejection of the biennial elections' amendment to the Constitution ; and the
plaintiff applied for a writ of mandamus to compel the governor to declare by
proclamation the amendment adopted, because it received a majority of the
votes cast directly on the question, though not a majority of all the votes cast
at the election. The utmost interest was felt in the decision, and few abler
and more ingenious arguments were ever made before the Supreme Court than
that of Mr. Williams in behalf of the adoption of the amendment. Equal
praise was elicited by his argument before that court in the application for a
mandamus in State vs. Sawyer, sheriff of Cuyahoga county. The points made
by Mr. Williams, in a masterly argument, were sustained, and the unanimous
decision of the court was, that proclamation must issue, and four Common
Pleas judges be elected for Cuyahoga county, with the other county officials,
in November, 1889, instead of 1890. Mr. Williams was married in 1879 to
Miss Mary S. Brockway, of Chautauqua county, New York, and by this union
they have one child, a daughter.

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EDWIN J. BLANDIN, Cleveland. Honorable E. J. Blandin, ex-judge of the
Court of Common Pleas, was born in Hornby township, Steuben county, New-
York, on the 13th day of July, 1843. He is of English-German extrac-
tion. His father, John Blandin, a farmer, settled in New York Slate, coming
from Vermont, where his family where among the early English settlers. His
mother, Parthenia Fisher, was of German descent. Her family settled in the
State of New York, where Edwin was born and lived until the age of
six years. The family then came West and settled in Wisconsin, where
he received his early education in the common schools. Afterwards he entered
the preparatory department of Hillsdale College, Michigan, where he remained
one term. In the fall of 1866 he came to Cleveland, Ohio, and took a course
in book-keeping in the Commercial College. He kept books for an oil refinery
and held the position until 1870, when he became a stockholder in the
company. During this time he took up the study of law, devoting himself to
reading nights and holidays. He remained in the concern five years, when he
sold his stock, and in the fall of 1875 he was admitted to the Bar. He
at once commenced the practice of law in partnership with George A. Groot,
under the firm name of Groot & Blandin. This partnership continued three
years, but for the last two years of the time he was assistant prosecuting
attorney under Judge J. C. Hutchins, who was then prosecuting attorney for
Cleveland. After retiring from office he formed a partnership with E. K.
Wilcox, which continued about one year. In 1883 he was elected judge of the
Court of Common Pleas, serving for two years, the residue of an unexpired
term. Retiring from the Bench he practiced alone until 1886, when he formed
a partnership with Alfred E. Buell, which continued until 1890. Again he
was alone until 1893,' when the present partnership of Blandin & Rice
was formed. To Judge Blandin more than any one man Cleveland is indebted
for its present excellent municipal laws. In 1884 he delivered an address
before the Cleveland Chamber of Commerce on the subject of reform of
the municipal government, urging the adoption of the Federal plan, separating
the legislative and the executive branches, applying the same system in use by
the National government. The press of the cit} 7 at once took up the subject, and
it had the support of all good citizens. It was strongly opposed by the element
that usually prospers and flourishes under a weak form of government. After
four years of hard fighting the act finally passed in the Ohio legislature, and the
present system of government was organized in the spring of 1891. Judge
Blandin is a broad-chested, broad-minded man, a close student and an able law-
yer, who ranks among the first in his profession at the Cleveland Bar. There is
nothing narrow in the man. He is determined, brave and outspoken in his
views when he feels he is right, even if his cause is unpopular. Honorable and
straightforward in all his transactions he has the respect and confidence of
the community. In politics Judge Blandin is a Democrat, a strong and able
advocate of free trade and independent bimetalism as the only means by
which the financial conditions of the country can be permanently benefitted.
He has never been an office seeker. He was at one time a member of

BENCH AND BAR OF OHIO.

223

the board of education and a trustee of the waterworks. In 1868 he married
Martha D. Van Ness, of Illinois, and by the union has two children, a son
and a daughter, both living.

MANUEL MAY, Mansfield. Honorable Manuel May, who for ten years
occupied the Bench of the Court of Common Pleas, is a native of Ohio, and
has lived in the same town all his life. He is of English extraction on his
father's side. John May, a ship captain, emigrated from May field, England,
in 1640, and settled in Massachusetts, and became the founder of the family in
America. His descendants were patriotic and imbued with the spirit of inde-
pendence when the mother country began to oppress the colonies. The grand-
father of Judge May served in the Revolutionary War, participated in the
battle of Bennington and in that of Saratoga at the time of the surrender of
Burgoine. His mother's name was Wolfe, whose parents were of distinguished
families, prominent in the Revolutionary War and prior colonial wars, and
long resident of the Wyoming Valley in Pennsylvania. Some of the members
held military rank in the War for Independence, and some of their descend-
ants were equally conspicuous in the war for the preservation of the Union in
1861. John M. May, the Judge's father, was a native of Conway, Massachu-
setts ; came to Ohio in youth and studied law in Lancaster with Philemon
Beecher, and was fellow-student with the elder Thomas Ewing and the late
Judge Jacob Parker. After admission to the Bar he settled in 1815 at Mans-
field, and was the first lawyer to reside in that town. Manuel attended the
public schools and was prepared for college by Lorin Andrews and William
Johnston in Ashland Academy. He then entered Kenyon College at Gambier,
and was graduated upon completion of the course. Having adopted the pro-
fession of law he took the prescribed course in the Cincinnati Law School and
continued the reading and study of law under the tutelage of his father.
Upon his admission to the Bar he was received into partnership with his father,
continuing to practice with him until the latter's retiracy from the Bar. His
subsequent law partners were Honorable John K. Cowen and the late Thomas
McBride. The subject of this sketch has taken a prominent part in the edu-
cational affairs of his county and city and also has been active and influential
in politics. He served as school examiner of Richland county several terms.
In 1858 he was elected prosecuting attorney of the county and was re-elected
in 1860, serving two terms. He was a member of the Mansfield city council
four years, and during a part of the time served as president of the body. In
1866 he was elected to the State Senate and also served two terms in that
body. He is a Democrat and has always supported that party vigorously,
and yet it is a tribute to his personal popularity that for the first term in every
election to a political office he was chosen in a district or precinct having an
adverse majority. In other words, whenever he was inducted into office he
displaced a Republican. The fact is complimentary also to his fidelity and
usefulness in positions of trust. Fie could not without violence to his consci-

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ence and temperament be inactive or indifferent in the performance of a
public duty. In the Senate he was known as a hard worker, especially in the
important committees of which he was a member. He represented his con-
stituents with ability and zeal ; was strong in debate and influential in the
deliberations of the judiciary committee. The very satisfactory manner in
which he discharged the duties of other positions to which he was chosen by
his fellow citizens led to his election as judge of the Court of Common Pleas.
Ke entered upon the duties of this office equipped with a good knowledge of
the law, obtained from general practice in all the courts, and with a wide
knowledge of business and public affairs. His purpose to be right in the
decision of cases tried before him led to careful and conscientious investigation,
through which be almost uniformly reached correct conclusions. He was
re-elected and served a second term, occupying the Bench altogether for a
period of ten years. No other commentary on his ability in this office could
be stronger than the record of cases tried by him. During his service of two
terms, out of all the cases appealed from his decisions, reversals were rare by
the Supreme court, and in one of these that tribunal afterwards approved his
decision by reversing itself and the Circuit Court. Judge May is a plain,
careful, painstaking, honest man, who shirks no labor necessary to subserve
the ends of justice. He is particularly careful to inform himself not only as
to the facts but also as to the law, in even 7 - case. He is not influenced by
personal acquaintance or friendship, or any sort of favoritism, in a judicial
decision. His natural equability of temper, his love of justice and his inflexi-
ble integrity are among his qualifications for a judicial office. His patience
and industry, his earnestness and devotion to the duty in hand are conspicu-
ous in his practice as well as his judicial investigations. As may be expected,
he prepares his pleadings with a carefulness and cautiousness which combine
to make them exceedingly strong. Judge May was known as a War Demo-
crat and performed essential and conspicuous services for the Union during the
late civil war. He is known to all as a man of noble mind, strong in his
convictions and energetic for what he believes to be right. His convictions
govern his action in politics and business affairs as well as in professional
duties. He has earned and receives the unqualified respect of the community
in which he has always lived. His religious faith is that of the Episcopal
Church, but he is not an active church man. Judge May is a Mason of the
thirty-second degree, Past Eminent Commander of Mansfield Commandery
Knights Templar, and has been presiding officer in Mansfield Lodge and in
the encampment of I. O. O. F. Upon retiring from the Bench he resumed
the practice of law which he has continued without interruption. He has
never married.

BENCH AND BAR OP OHIO.

225

JAMES L. BATES, Columbus. The Honorable James Lawrence Bates died
at Columbus on the 2d day of May, 1890, highly respected as a judge, a lawyer
and a citizen. Judge Bates was born in Canandaigua, New York, on the 4th
day of January, 1815. He was descended from sturdy, honorable and patriotic
ancestry. His father, the Honorable Stephen Bates, removing from the
vicinity of Durham, Connecticut, in the year 1790, was one of the first settlers
of western New York. The father was prominently identified with the early
history of the State. He filled several offices of trust, among them those of
sheriff, associate judge and a member of the general assembly. Judge Bates
was next to the youngest of twelve children. He graduated from Hobart
College, Geneva, in the year 1833, and at once began the study of law in his
native town. His first preceptor was the Honorable John C. Spencer, a
brilliant and distinguished son of the illustrious Ambrose Spencer, and a pro-
fessional as well as political leader in the State, the friend and ally of DeWitt
Clinton, one of the three great lawyers who were engaged from 1824 to 1830
in revising the statutes of New York (John Duer and Benjamin F. Butler
being his colleagues), and secretary of war and secretary of the treasury of the
United States, nominated to the Bench of the Federal Court, but rejected by
the Senate on exclusively partisan grounds. At the close of this course of
study Judge Bates had not attained his majority, and he determined to move
to Columbus for the purpose of completing his law studies and begin the
practice of law. He came in October, 1835, and completed his studies with
Colonel Noah H. Swayne, who was afterwards an associate justice of the
Supreme Court of the United States. Upon his admission to the Bar he
entered into partnership with Colonel Swayne in the practice of law, which he
pursued with diligence and success until he was elected, in 1851, the first judge
of the Columbus judicial subdivision under the present constitution. Prior to
his promotion to the Bench he was city solicitor of Columbus when Lorenzo
English was mayor, and was also a member of the board of education. He
was on the Bench fifteen years, having been elected three successive terms.
During his whole judicial life he maintained the upright character, the judicial
integrity and the efficiency which had characterized the administration of his
eminent predecessor, Judge Joseph R. Swan. He left behind him as a judge
the highest reputation for singleness of purpose and honest and efficient labor
in the most important and useful judicial tribunal of the State. His retire-
ment from the Bench was a serious public loss. Judge Bates served the State
as director of the Ohio penitentiary for eight years, from April 5, 1866, to
April 5, 1874, during which time he secured a thorough codification and
improvement of the law governing that institution, under which the prison
became not only remunerative, but most thoroughly disciplined and successful
in all its departments. Upon the close of his judicial services Judge Bates
seldom appeared in court. He enjoyed the performance of judicial duties, but
the warfare of the Bar was not so congenial, and he avoided it. His time and
attention were to a large extent occupied in the administration of many
important private trusts which were placed in his hands by associates of his

226

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active life, owing to their unbounded confidence in his integrity and his
practical sagacity in the management of whatever might be given him in
charge. It would, however, be a mistake to infer that Judge Bates, after he
retired from the Bench and the Bar, lost bis interest in either. On the con-
trarv, he took a lively interest in whatever concerned the honor or usefulness
or efficiency of the judiciary, and down to the death of his wife and the
failure of his own health he manifested his regard and esteem for the per-
sonnel of the Bench and the Bar. Judge Bates was a strong man ; strong in
mind, strong in body, strong in will, and a tower of strength in character.
The last real labor of Judge Bates was a labor of love, affection and gratitude.
This was the preparation of a memoir of his father-in-law, Alfred Kelley.
Mr. Kelley was one of the most intellectual public men who has appeared in
the annals of Ohio. No one who knew Mr. Kelley and Judge Bates could
hardly have failed to perceive that the former had exerted a strong influence
in the formation of the character of the latter as to his mental traits and
marked individuality. On the occasion of the meeting of the Franklin
county Bar, held after the death of Judge Bates, the Honorable Richard A.
Harrison said :

" I was admitted to the Bar in the spring of 1846. The term of the Court
of Common Pleas of Madison county, where I began the practice, opened a
few days afterwards. I first met Judge Bates at that term of the court. He
appeared in a cause as the counsel for one of the banks of this city. I saw
him occasionally from the spring of 1846 until the spring of 1852, when he
assumed the responsible position of judge of the Court of Common Pleas, and
undertook at the age of thirty to discharge the duties and exercise the powers
which Judge Joseph P. Swan had discharged and exercised, a fearful under-
taking for a young man, however equipped, to assume. From that time until
his death I met him very often. He not only held court in his own judicial
subdivision, which was composed of Madison, Franklin and Pickaway counties,
but he frequently presided in other counties of the district. He never failed
in his attendance as a member of the District Court. During the fifteen years
I practiced before him I never saw him unjust toward a member of the Bar.
He administered justice with a firm, impartial and just hand. Counsel, parties,
litigant and the public at large felt that with Judge Bates on the Bench their
dearest rights and interests were safe. There was no suggestion of suspicion
during his long judicial service that he ever rendered an unjust judgment.
He was a power upon the Bench. Every member of the Bar felt and
recognized the fact, but he administered his official authority under a full
sense of judicial responsibility. He knew counsel at the Bar had their rights
as well as duties, and did not intrude upon these rights The authority he
exercised was simply such power in propelling the wheels of justice as was
necessary to attain the ends for which judicial courts are established. Any
court over which he presided commanded the respect and confidence of all."

In October, 1837, he married the eldest daughter of Alfred Kelley. Mrs.
Bates died suddenly in March, 1887, when they had nearly completed half a
century of unalloyed devotion to each other, and were looking forward to the
" Golden Wedding " that should come with the next autumn. The livino-
children of this union are Mrs. Holmes, wife of J. T. Holmes ; Mrs. Little, wife
of W. P. Little; Miss Mary S. Bates, all of Columbus, and the Rev. Alfred

BENCH AND BAR OF OHIO.

227

Kelley Bates, now of Cadiz, Ohio. Judge Bates was a man of strong and
decided religious convictions, and he died a member and in communion of the

O 7

Reformed Episcopal Church of Philadelphia, Pennsylvania, there being no
church organization of that denomination in Columbus.

ORRAMEL H. FITCH, Ashtabula. Honorable Orramel Hinckley Fitch was
born in Connecticut, January 12, 1803, at Lebanon, a town founded by his
ancestors in 1660. His father, Azel Fitch, was a woolen manufacturer, whose
business was destroyed by the free trade policy of the United States after the
war of 1812. He was of English ancestry and a direct descendant of Baron
Fitch of the English Bench. The first of the Fitches who emigrated to
America was the Rev. James Fitch, one of the settlers of Norwich, Connecti-
cut. The township was granted to him and his father-in-law, Major John
Mason, with thirty-three others, in 1659, by Uncas, the noted Mohegan Indian
chief, in consideration of the assistance these settlers could render the Mohe-
gans against their enemies, the Pequods. At a subsequent period Owaneco,,
the son and successor of Uncas, in consideration of favors received from Mr..
Fitch, granted to him a tract of land five miles square within the present lim-
its of Lebanon, a portion of which comprises the homestead which was occu-
pied by the family for several generations. Collaterally the Fitches are
descended from LeScrope, who was Lord Chief Justice of England in the
reign of Edward I. The mother of O. H. Fitch was Fannie Hinckley, of
Plymouth, Massachusetts, a granddaughter of Governor Hinckley of Plymouth
Colony before and at the time of its consolidation with Massachusetts. Mr.
Fitch's grandfather, Abraham Fitch, was a captain in the Second Regiment
Connecticut Light Horse Cavalry, which played a conspicuous part in the
American Revolution and the French and Indian wars. At an early age Mr.
Fitch entered West field Academy where he was prepared for Yale College,
but owing to the loss of his father's fortune he was prevented from entering
college. With the assistance of his cousin, who entered Yale about this time,
he pursued the college course and was prepared to graduate from the institu-
tion, but not having been regularly entered as a student the diploma could not
be granted him. He afterwards became the principal of the Westfield Acad-
emy, and later of an academy in Richmond, Virginia. He read law with
Honorable Calvin Goddard, of Norwich, Connecticut, who was at one time a
member of Congress and on the Supreme Bench of Connecticut. He was
admitted to the Bar of that State in 1827, and the following year came to Ohio
and was admitted to practice in this State, at Cincinnati. After visiting sev-
eral points in the State he finally located in Ashtabula, where he practiced
law continuously until 1863. He then retired from the practice to look after
his large and varied interests. He was one of the organizers and president of
the Farmers' State Bank of Ashtabula, and when it became a national bank he
was elected president, which position he held at the time of his death in 1882.

228

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In 1835 Mr. Fitch was married to Catherine Hubbard, of Holland Patent,
New York, and by this union two children were born : Edward Hubbard
Fitch, one of the leading lawyers in Ohio, recently deceased ; and Fannie, who
married Marshall H. Haskell, of Ashtabula. Few men have ever resided in
this part of the State who more thoroughly had the respect and confidence of
the people. Mr. Fitch was greatly beloved by those who knew him intimately.
Always honorable and just in his dealings, his advice was much sought,
even after he had given up the practice of his profession. . As a lawyer be
was very clear and forcible, and while in practice enjoyed a large and profita-
ble clientage. In 1861 Salmon P. Chase, Secretary of the United States
treasury, appointed him one of the agents to negotiate the seven-thirty bonds
issued by the United States government to defray the expenses of the war.
From 1835 to 1839 he was a member of the State legislature. In 1841 and
'42 he was prosecuting attorney for Ashtabula county. He was the first
mayor of Ashtabula, and was most active in securing railroad and harbor
improvements. Always prominent and active in church work, he was for forty
years an elder in the Presbyterian Church. In 1854 he became a member of
the American Association for the Advancement of Science, always attended
the annual meetings of the association, and was a Fellow of the Society when
he died. He devoted much time to scientific pursuits. Fie was also promi-
nent in securing the establishment of Lake Erie Seminary at Painesville, to
which he left a valuable geological collection. He was originally an old-line
Whig, afterwards a Republican, but for many years prior to his death had
not taken an active interest in political affairs.

WILLIAM B. HUBBARD, 1795-1866. William Blackstone Hubbard, law-
yer, statesman and financier, was born in Utica, New York, August 26, 1795.
He was the son of Bela and Naomi Hubbard. His ancestors sprang from the
best Anglo-Saxon stock. Mr. Hubbard was a descendant of the Stow family,
of which the first American progenitor came to this country as early as 1640,
only twenty years later than the landing of the Pilgrims. The Stow family
settled in Connecticut, where it has been distinguished for many generations.
After receiving a thorough classical collegiate education, Mr. Hubbard read
law with his maternal uncle, Silas Stow, who was an accomplished lawyer and
the father of the late Chief Justice Stow, of Wisconsin. With this excellent
equipment for his profession, Mr. Hubbard, after being admitted to the New
York Bar, removed to St. Clairesville, Belmont county, Ohio, where he began the
practice of law in 1816. He rose rapidly to eminence in his profession and for
years stood at the head of the Bar, being contemporaneous with such re-
nowned jurists as John C. Wright, Charles Hammond, Benjamin Tappan,
John M. G-oodenow, Phillip Doddridge and Judges Hallock and Leavitt. Mr.
Hubbard served for several years as State's attorney for Belmont county. His
great ability and enviable success were acknowledged by his election from

BENCH AND BAR OF OHIO.

229

Belmont county to the Ohio State Senate of the Twenty-sixth and Twenty-
seventh General Assemblies from 1827 to 1829. During his term as Senator,
Mr. Hubbard entertained the idea of a railway, and on the 23rd of February
a bill was passed by the Legislature which had been drafted by him, entitled,
" An Act to incorporate the Ohio Canal and Stubenville Railroad Company."
This was the first legislation by the State relating to railroads, and is among
the first legislation passed by any State on this important subject. Mr. Hub-
bard was elected to the House of Representatives of the Thirteenth Ohio
General Assembly in 1831, and his fellow members in that body chose him
for their speaker. He presided over the deliberations of that body with dis-
tinguished dignity and capability. In the fields of law and politics Mr. Hub-
bard thus early won distinction and honor, and had his ambition so aimed
he might easily have attained to the highest political preferment, but from
choice he gradually identified himself with financial and business affairs, and
there also he exhibited the same unusual talent and achieved eminent success.
From 1834 to 1865 he was trustee of the Ohio University at Athens, which
institution recognized his rare scholarship by bestowing upon him the degree
of LL. D. In politics Mr. Hubbard was first a Whig, and afterwards a Repub-
lican. During the civil war he was a staunch and uncompromising Union
man, and used all the influence at his command in behalf of the Union cause.
He was instrumental in the legislation resulting 1 in the establishment of the
State banking system. The Honorable Salmon P. Chase frequently consulted
him upon financial questions, and held his opinion in high regard. Few men
were so well versed in science, literature, philosophy and the arts. In the
midst of a most busy life, crowded with cares and financial trusts, Mr. Hub-
bard still found time to indulge his taste and talent for learning and culture.
His mind retained a perennial vigor and brightness. He never lost his love
for the classics, and m his last years he could converse readily with profes-
sional scholars in Latin. Endowed with rare conversational powers his speech
sparkled with gems of wit and humor. In his intercourse with his fellow men
he was sociable and affable, a most entertaining companion and wise counsel-
lor, a firm and fearless advocate of justice and truth; and a stranger would at
any time have marked him for what he really was, an intelectual, dignified,
cultured gentleman, with a sincerity of purpose and an unswerving integrity
in all his motives. Mr. Hubbard died in Columbus, January 5, 1866, having
lived the allotted Scriptural span of three score years and ten. He was mar-
ried January 2, 1817, to Margaret Johnson, of St. Clairesville, who survived
him many years and was noted for her loveliness of character and the impor-
tant part she took in promoting and assisting the many charities in the city
of their adoption.

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EUTHERFOED H. PLATT, Columbus. Rutherford Hayes Piatt was born
September 6, 1853, at Columbus, Ohio. The Piatt family from which he is
descended came to America with the earliest colonists about 1620. Benjamin
Piatt, his great-grandfather, was a native of Connecticut, and removed from
Milford in that State to Columbus, Ohio, shortly after the foundation of the
latter city. His father, William A. Piatt, was born in Lanesborough, Mass-
achusetts, and came to Columbus to join his grandfather while still a boy.
Eutherford's mother was Fanny A. Hayes, sister of President Eutherford B.
Hayes. William A. Piatt was prominently identified with the growth of the
city of Columbus, was a successful merchant, and a man of great business abil-
ity. Eutherford was the only son, and was educated at Harcourt Place
school, Gambier, Ohio, and at the famous Phillips Academy, Andover, Mass-
achusetts. He graduated from the latter school June, 1870, and in the fall of
the same year entered Yale College, graduating in the classical department in
1874. , He then spent two years in Europe in travel and the stud\ 7 of the
modern languages. In 1877 he entered Columbian Law School, from which
he graduated in 1879, being one of the five honor' men in a class numbering
250. He was admitted in June, 1879, to the Bar at Columbus, Ohio, by the
Supreme Court. For some years he was the law partner of General John G.
Mitchell. When the College of Law of the Ohio State University was estab-
lished in 1891, Mr. Piatt was chosen professor of the subject of pleading, and
filled that position for four years with great satisfaction to the students and
trustees of the university, until the removal of the law school from the center
of the city to the university grounds, when Mr. Piatt resigned in order to give
his entire attention to his private practice. Mr. Piatt is one of the best edu-
cated members of the Columbus Bar, and as a lawver is held in the highest
esteem by the fellow members of his profession. He is especially versed not
only in court procedure but in the laws governing estates and their adminis-
tration, in which practice he has had large experience. He was appointed
member of first board of directors of Columbus Work House, and has given
much time and attention to the organization and operation of that institution;
has served as director and counsel for many of the largest corporations, includ-
ing the Door, Sash and Lumber Company, Columbus Gas Light and Coke
Company, Franklin Insurance Company, The National Exchange Bank, Colum-
bus Savings Bank, the Columbus and Xenia Eailroad Company. He has been
a member for many years and since 1894 president ©f board of trustees of
Greenlawn Cemetery Association. Mr. Piatt married in January, 1887, Miss
Maryette Smith, of Columbus, Ohio, the daughter of Captain Eobert S. Smith,
counsel for the Columbus and Xenia Eailroad. Mrs. Maryette Smith Piatt is
the granddaughter, on her mother's side, of Joseph E. Swan, one of the most
eminent jurists of the Ohio Supreme Court. Mr. Piatt has two sons, Eobert
S. and Eutherford, Jr., and two sisters living, Mrs. General John G. Mitchell
and Mrs. General Eussell Hastings, and one sister deceased, Mrs. Dr. Erskine
B. Fullerton.

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231

EDWARD H. FITCH, Jefferson. Honorable Edward Hubbard Fitch, who
has for years been conspicuous in law, science and politics, was born May 27,
1837, at Ashtabula, Ohio. His father, Honorable Orramel Hinckley Fitch, a
lawyer and man of affairs, was born in Connecticut, and his ancestors were
English. His mother, Catherine M. Hubbard, was a native of Trenton, New
York State, whose parents formerly resided in Middletown, Connecticut, and
were likewise of English descent. At an early age Edward was sent to the
grammar school at St. Catherine's, Canada, where he was prepared for college.
In 1854 he entered Williams College and was graduated with honors in 1858,
being one of the class orators. While at college he was the president of the
Natural History Society. After receiving his degree of Bachelor of Arts he
returned to Ashtabula and at once entered his father's office where he began
the study of law. He was admitted to the Bar by the District Court of Cuy-
ahoga county in September, 1860. The following year Williams College con-
ferred upon him the degree of A. M. He commenced practice at once alone,
but in a short time formed a copartnership with his father, which continued
until January 1, 1863, when his father retired from practice. He then formed
a partnership with Judge Horace Wilder, afterwards a judge of the Supreme
Court of Ohio, under the name of Wilder & Fitch. This continued until the
December following, when Mr. Wilder was appointed to ihe Supreme Court
Bench. He then practiced alone until July, 1864, when he became a partner
of Judge L. S. Sherman, who at this time is the oldest practitioner in this
county. In 1868 this firm was dissolved and he was again alone until 1878,
when he formed a partnership with Honorable S. A. North way, now Con-
gressman from this district. In the fall of 1878 he removed to Jefferson,
Ashtabula county, where he has continued to reside. Ten years later this
partnership was dissolved and he remained alone until September 1, 1896,
when he formed a copartnership with his son, Winchester Fitch, with offices
at Jefferson and Ashtabula, the son being in charge of the Ashtabula office.
In 1870 Mr. Fitch was, by Governor R. B. Hayes, appointed delegate from
the Nineteenth District to the National Capital Convention, at Cincinnati, and
in the same year he was admitted to practice in the Supreme Court of the
United States upon the motion of James A. Garfield, who had been his friend
since college days. Mr. Fitch has for years enjoyed one of the largest law
practices of the lawyers of northeastern Ohio. He is a lawyer of great abil-
ity and has the reputation of conducting a case with great skill. His argu-
ments to the court are always clear, strong and to the point, omitting nothing
essential to a complete statement and containing no surplusage. Before the
jury he is both forcible and persuasive, evincing the art and power of the
advocate. He has been most successful with his cases on error, and has won a
large majority of the numerous cases he has argued in the Supreme Court.
His practice, while it has been of necessity of a general character, has had
much to do with insurance and real estate law. Mr. Fitch is politically a
Republican. His first vote was cast for Lincoln and he has always taken an
active interest in State and National politics. An orator of force and influence

232

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he is much sought for public speaking. For twenty years he was recorder and
a member of the Ashtabula council. In 1867 and 1868 he was prosecuting
attorney for Ashtabula county. He was for fifteen years a justice of the
peace and forty years a notary public. He was several years a member of the
Republican State central committee. Mr. Fitch was appointed by Governor
McKinley in 1894 chairman of the Torrence Commission. He is a Fel-
low of the American Association for the Advancement of Science, a
member of the American Bar Association, the Ohio Bar Association and
of the Sons of the American Revolution. He was for a number of years
chairman of the committee of judicial administration and legal reform
of the Ohio State Bar Association. In 1863 Mr. Fitch was married to
Alta D. Winchester, a daughter of Philander Winchester, at one time
editor of the Painesville Telegraph, a noted Abolitionist and one of the
founders of the Republican party. Of this union there have been eight
children, five of whom are living: Winchester, born November 21, 1867, now
a member of the Bar and partner of his father; Annette, born January 31,
1870, and married January 31, 1892, to Curtis Brewer, who is at present city
engineer of Sand usky and connected with the Jarecki Chemical Company;
Edward H., born March 31, 1873, educated in the Western Reserve Academy
at Hudson, Oberlin College and Cornell University ; at the latter place, being
a member of the Delta Kappa Epsilon Fraternity, to which his father, brother
and brother-in-law also belong, and of the University foot-ball team, receiving
his degree of Bachelor of Laws in 1897 ; Alta, born July 24. 1875, and Flora,
born August 5, 1878. [Mr. Fitch died at Conneaut, his summer residence on
Lake avenue, Thursday, September 9, 1897, and was buried in Chestnut Grove
Cemetery, Ashtabula.]

GEORGE L. CONVERSE, Columbus. The late George Leroy Converse
was born in Georgeville, Franklin county, Ohio, on the 4th day of June, 1827.
He was a son of Dr. George W. and Casandra (Cook) Converse. His father
was a physician, the son of Sanford Converse, a soldier in the war of 1812,
and Sanford was a son of Jeremiah, a soldier in the Revolutionary War. The
family descent is from the French Hugenots, and the first of the American
line came to the western continent with Governor Winthrop. After the death
of Dr. Converse his widow, being a woman of more than ordinary attainments,
supported herself and child by teaching. George, guided and assisted by his
mother, attained the elements of his education in the district schools, after-
wards attending the Central College for seven years, then entered Dennison
University at Granville, and was graduated in 1849. He studied law in the
office of General J. W. Wilson at Tiffin, but removed to Columbus in January,
1852. In 1854 he was elected prosecuting attorney, serving one term and
declining re-election. Mr. Converse was accorded a leading position in the
Franklin county Bar. He was devoted to his profession and did not court
political preferment. In 1859 he was elected a member of the legislature and

BENCH AND BAR OF OHIO,

233

was re-elected in 1861, serving two terms'. In 1863 he was elected to the State
Senate and became the recognized Democratic leader. In 1863 he was elected
to the lower House and was made Speaker, where his efficiency and resources
as a parliamentarian attracted the attention of the entire country. He was
re-elected in 1875 and was the Democratic leader on the floor of the House.
In 1887 he was a prominent convention candidate for governor, with Durbin
Ward and R. M. Bishop as competitors, Bishop being successful. In 1878 he
was elected to Congress. Mr. Randall, the speaker, appointed him chairman
of the committe on public lands. He was re-elected in 1880 with but little
opposition. The position taken by Mr. Converse on the tariff and his eminent
abilities made him a conspicuous figure. He was fully in accord with Mr.
Randall, believing and advocating that a tariff should be so levied as to pro-
tect the industries of the country against foreign competition, especially agri-
cultural interests, including wool. It was Mr. Converse who moved to strike
out the enacting clause of the Morrison horizontal tariff bill when in com-
mittee of the whole it was under discussion. After the defeat of the bill its
friends and opponents agreed that the question should be authoritatively set-
tled by the Democratic National Convention of Chicago. Mr. Randall was to
champion those who opp6sed and Mr. Morrison those who supported the bill.
Mr. Randall wa°. unavoidably detained from the first day of the convention
and Mr. Converse, though not a delegate, sought a place in the Ohio delega-
tion and membership on the committee on resolutions, when the control was to
be reached by an attempt to make Mr. Morrison chairman. The opponents
of the bill were successful, but Mr. Converse, although entitled to the honor
himself, requested that Mr. Morrison be made chairman. In return for this
courtesy he was invited by Mr. Morrison to make a speech in reply to Benjamin
F. Butler, who spoke against the report of the committee. Mr. Converse con-
tributed largely to the presidential success in 1884. "With Mr. Randall he
was called to New York and made a canvass of that State. In his practice, as
well as in his life and citizenship, Mr. Converse sustained a character for
integrity and honesty of purpose beyond reproach. He was fairly entitled to
the distinction he won. He was clean-cut and sagacious. As a lawyer he
attained high rank at the Bar; as a citizen be gained the respect and confi-
dence of all who knew him. He was a typical American, loyal to the best
interests of his country ; was kind and obliging to those who were struggling
to obtain recognition at the hands of his countrymen. In 1892 Gov-
ernor McKinley appointed him a delegate to the Nicaraguan Canal convention
held at St. Louis. He was made chairman of the convention, and of a subse-
quent convention held at New Orleans, called by him under authority of the
St. Louis convention. In this he advanced the view that this government
should construct the Nicaragua Canal as a national safeguard and in the
interest of commerce, supporting his position by a strong argument and later
by public addresses in the larger cities. George L. Converse practiced at the
Franklin county Bar nearly fifty years and undoubtedly had more cases than
any other lawyer at the Bar. The space allotted to this sketch prevents the

234

BENCH AND BAR OF OHIO.

mention of important cases in which he was engaged. He was known as a
hard, earnest and almost desperate fighter and would never surrender a point.
On the 16th day of September he married Sara-h E., daughter of Nathaniel
Patterson. Mrs. Converse died on the 19th of November, 1883, highly
respected for her many good qualities. He again married in 1889, his second
wife being Eloise, daughter of Dr. C. P. Landon, an eminent physician of Colum-
bus. Mr. Converse died at his home at Columbus on the 30th of March,
1897.

WINCHESTER FITCH, Ashtabula. Winchester Fitch is descended from a
family of lawyers. His earlier English ancestors were connected with the pro-
fession, and he is the third generation of the family engaged in the practice of
law in Ashtabula. With his inherited tendencies, studious habits and determi-
nation to master the principles of the law, it is fair to assume he will maintain
the reputation of the family. The son of Honorable Edward H. Fitch and
Alta D. Winchester, he was born at Ashtabula, November 21, 1867, and
received his primary education in the public schools of that city. After he
had passed through the grammar school his parents removed to Jefferson,
where he was graduated from the high school. At the age of fifteen he
entered the Cascadilla School at Ithaca, New York, where he was prepared for
college. In 1884 he entered Cornell University, and was graduated .in 1888
from the literary department of that institution. His favorite studies were
history and the languages. After graduation he went to Chicago, and was
for a time in the general offices of the Chicago, Burlington & Quincy Railroad.
He then became a reporter upon the Inter Ocean, and later was appointed the
marine editor, and afterwards literary editor of the Chicago Evening Journal.
For a short time prior to the Columbian Exposition he was a member of the
real estate firm of Edwin Reed & Co. While in Chicago he read law and was
a student of the Chicago College of Law, taking the night course. In 1893 he
returned to Jefferson to complete his law studies in his father's office. In 1894
he was admitted to practice at Columbus by the Supreme Court. At this time
he owned an interest in the Geneva Times, and edited the paper until 1895,
when he came to Ashtabula. Since that time he has been associated with his
father in the practice of law, under the firm name of Fitch & Fitch, with offi-
ces in Jefferson and Ashtabula. Mr. Fitch is a Republican, and has been a
member of the county central committee, of the senatorial committee, and of
the board of county school examiners. During the campaign of 1896 he was
an assistant to Colonel Haskell and Major Dick at the Republican National
headquarters in Chicago. In that position he discharged the duties devolving
upon him with much skill, and in a manner entirely satisfactory to them and
the National committee. On June 30, 1897, Mr. Fitch was married to Miss
Florence Hopper, daughter of George H. Hopper, Esquire, of New York, a
member of the Standard Oil Company, at "Elmwood"his country seat at
Unionville, Lake county, Ohio. Mr. Fitch is a member of the Ohio State Bar

BENCH AND BAR OF OHIO.

235

Association, the Western Reserve Society, of the Sons of the American Revo-
lution, the Cincinnati Society of Colonial Wars, the Rowfant Club of Cleveland
and the Twentieth Century Club of Chicago.

THEODORE HALL, Ashtabula. Theodore Hall was born August 29,
1838, at Ashtabula, Ohio, his father, Stephen Hall, was a native of ~Ne\v
York, and removed as a young man to Ohio and settled in Ashtabula,
where he engaged in the mercantile business. The family are of English
descent. The first member of the family in America was John Hall, who
was born in Kent, England, in 1584, and came to this country in 1633,
settling in New England. He died at Middletown, Connecticut, May 26,
1673. Stephen Hall, the great-grandfather of the subject of this sketch,
served through the Revolutionary War and was a member of the Society
of Cincinnati, a society of American Revolutionary officers, founded by
George Washington. He was captain of a company in Colonel Herman
Swift's regiment. Friend Hall, his grandfather, was born in Connecticut,
September 10. 1773, and was a private in the war of 1812. His great-
uncle, Amos Hall, was general in command at Buffalo, New York, in the
same war. His mother was Ruth Booth, daughter of George Booth, who
resided in Ashtabula county. She died when Theodore was a child. His
early education was in the district and high school at Ashtabula, and in 1858
to 1860 he attended the Alleghany College at Meadville, Pennsylvania. He
then entered the office of the Honorable Laban S. Sherman, where he read
law, and was admitted to practice September 10, 1861. In November, 1861,
he located in Geneva, Ashtabula county, and practiced law there one year.
From November, 1862, to the fall of 1863 he was deputy internal revenue col-
lector at Ashtabula. Returning to Geneva he practiced his profession until
March, 1866. He then returned to Ashtabula, where he has since practiced.
In 1867 he formed a partnership with Honorable L. S. Sherman under the
firm name of Sherman & Hall. This lasted until 1875. He has since almost
continuously practiced alone. His business has been of a general character.
For a number of years he has had a large amount of corporation business, and
has probably tried more personal damage cases than any other lawyer in
Ashtabula county. He is now the local counsel for the Lake Shore & Michi-
gan Southern Railroad, and also for the Nickel Plate. Mr. Hall's ability as a
critical, technical lawyer is recognized by the Bar, and he has been most
successful upon error, winning a large proportion of his cases taken to
the higher courts. Politically a Republican, he has never sought or held
office of any importance. In the campaign of 1896 he made a number of
speeches for McKinley. In 1862 he married Lucy Pierce, of Say brook, and by
this union there are two children, a son and a daughter. Mrs. Hall died
in 1889 and in 1892 he married Nellie Ketcham, of Ashtabula, by whom
he has one son.

236

BENCH AND BAR OF OHIO.

GILFORD L. MARBLE. Tan Wert. Gilford Lionel Marble was born in
Delphos, Allen county, Ohio, September 22, 1862. He is the son of Colonel
John M. 0. and Mary L. Marble, and is recognized both in the profession and
in the community as one of the representative members of the Bar of his
county. He was educated in the public schools and afterwards received the
best scholastic advantages as a student of the college of New Jersey at Prince-
ton, the Ohio Wesleyan University, at Delaware, and the University of Woos-
ter. Having decided at an early age to enter the legal profession, he began
his special preparation in 1880 in the office of J. K. O'Neal, at Lebanon. Soon
afterwards he entered the office of Irvine, Brice & Hackedorn, at Lima, where
he remained until he was admitted to the Bar. The firm was then reorganized
and he was admitted to membership under the firm name and style of Hacke-
dorn, Wheeler & Marble. While a member of this firm Mr. Marble gained for
himself a high reputation. His first important work was the settlement of the
complicated affairs of the Lima Car Works, the adjustment of which was placed
in his hands when the works failed in 1884. In 1885 he returned to Van Wert
and became identified with the Cincinnati, Jackson and Mackinaw Railroad as
general counsel, a position which he retained until 1888. Among the note
worth}' cases with which he has been connected as counsel a few may be men-
tioned : He was attorney for the contractors of the C. J. and M. Railway in
their suit against that company, which he finally won, after three years of lit-
igation, securing to his clients the full payment of their claim. He was attorney
for the employes of Luman A. Andrews et al, trustees, vs. Pittsburg, Akron
and Western Railway. The road had been placed in the hands of a receiver
in 1895 owing its employes back pay for services extending over a period of
from six months to three years. He was successful in this suit also, collecting
his clients' claims in full. He was attorney for the defendant in the contest
brought by Warren F. Penn vs. Roenna Penn et al, to set aside the will of
John W. Penn, deceased. It was the most noted will case in the county,
involving some thirty thousand dollars, and was very stubbornly contested.
Marble and Blockly won the case for their clients when it seemed hopeless in
the opinion of other attorneys of the county. Mr. Marble is a progressive,
enterprising and public-spirited citizen. He is at the same time conservative
in the best sense of that word, opposing reckless extravagance and unneces-
sary loss or waste ; he would foster and build up, promoting every practical
undertaking whose object is the betterment of conditions in the municipality,
physical, educational and moral. Mr. Marble is a man of excellent intellectual
attainments and professional ability. His personal traits are such as gained
for him popularity and esteem. He has an individuality that is marked and
positive, while his cordiality of manner in intercourse and his equability of
temper attract others. He has been married twice, first in December, 1887,
to Miss Leonora Sherwood, by whom he had one daughter, Katherine, born
April 8, 1891. In September, 1891, he was married to Cora M. DePuy, an
accomplished lady of Yan Wert. By this marriage he has one son. named
John McKinley, born December 13, 1895.

77ic Century Puttis/wig &Enyixiviiy Co.Clncayo-

BENCH AND BAR OF OHIO.

237

THOMAS H. LOLLER, Dennison. Mr. Loller is a native of Ohio, born at
Nashville. Holmes county, September 14, 1861. His parents were W. B. and
Lucinda M. Duncan Loller, the former a native of Pennsylvania and the latter of
Ohio. He obtained his early education in the public schools of his native town,
graduating from the high school with the class of 1880. He then entered the
Ohio Wesley an University at Delaware, remaining there for one year, when
he took up the study of law under the instruction of T. D. Healey, of Urichs-
ville, Ohio, taking a preparatory course, after which he entered the Law
Department of the University of Michigan and was graduated from that insti-
tution in 1884, with the degree of Bachelor of Laws. He was admitted the
same year by the Supreme Court at Columbus to practice in all the courts of
Ohio, and began the practice of law at Dennison in the spring of 1885, where
he has continued without interruption to the present time. He has held the
office of city solicitor for a period of ten years. He has been the attorney for
the Dennison Building and Loan Association for about the same period. He
has devoted himself entirely to his profession and has built up a clientage that
is eminently respectable both in proportions and character. He attends closely
to his business and is faithful in the interests of his clients. In politics he is
Republican, but not an active partisan, though at present a member of the
county central committee. Referring to his standing at the Bar, one of the
ablest practitioners of Tuscarawas county remarked : " T. H. Loller is a very
good all around lawyer. During the ten or twelve years he has been at this
Bar he has maintained himself very well. He appears frequently in court
trials, though I think most of his practice is in the nature of chancery cases
and office business. He is well read, a pleasant speaker and makes a strong
argument before a jury. He has in him the elements of a successful attorney.
He is upright, of strict integrity and deserves the liberal support he is receiv-
ing." Mr. Loller affiliates fraternally with the Masonic Order. He is a
Knight Templar and a member of the Mystic Shrine, Aladdin Temple, of
Columbus. He was married in 1886 to Miss Lucy Laylander, daughter of
James and Mary Crouch Laylander, an old and prominent family of Millers-
burg, Ohio. They have one son, Charles Ansell.

WILLIAM A. LYNCH, Canton. W. A. Lynch was born at Canton, Ohio,
August 4, 1844. His father and mother were both natives of Ireland, who
met in Stark county, Ohio, and were married. His father was county sur-
veyor and county recorder, a man of great energy and of unusual business
ability. He was one of the pioneers in developing the coal mining interests
of this county, and also in opening up the coal fields of western Pennsylvania.
Besides these, he became deeply interested in railroad construction and pro-
motion. He was one of the projectors of the Pittsburg, Fort Wayne and
Chicago Railroad, and was active in the building of other railroads. These
large enterprises necessarily carried with them a corresponding responsibility,

BENCH AND BAR OF OHIO.

and upon his death, which occurred just prior to the financial panic of 1857,
it was found that the great depreciation in the values of all property, caused
by the stagnation of business and the general financial depression had seriously
involved his estate. Indeed, so great had been the shrinkage in values and
the loss entailed by the want of his personal supervision that a large indebt-
edness was shown. At this time William A. Lynch, the son, was a boy of
twelve years — old enough to realize the great loss, and yet quite young to
assume the burden placed upon his shoulders. That these early trials had
much to do with developing the breadth and keenness of his business capacity,
and the firmness, decision and earnestness of his character cannot be doubted.
One of the earliest acts of his business career was to pay off all the outstand-
ing obligations of his fathers estate. He faced the situation more like a man
than a boy twelve years old. He appreciated the value of education, and set
himself to work most assiduously to acquire knowledge. With the assistance
of the education received in the public schools he became a great reader and a
deep student, and when he had attained his sixteenth year he entered the law
office of Honorable Lewis Schaefer, of Canton. He was admitted to practice
immediately upon reaching the legal age, September 1, 1865, and was taken
into partnership by his preceptor. While studying law, and afterwards in the
early days of practice, he made the acquaintance of many men of great promi-
nence and of distinguished ability. Among others, Honorable John McSwee-
ney was attracted to the young man by the promise shown in him of future
strength, and took delight in seeking his company and aiding him by advice
and council from his own wide experience. This was always gratefully received
and wisely utilized, so that in a few \ T ears the young and ardent student was
by far the strongest advocate that his friend McSweeuey had to contend with
in the courts of northern Ohio. His partnership with Honorable Lewis
Schaefer was dissolved at the end of four years, and Mr. Lynch remained alone
until 1872, when he was joined in practice by the Honorable W. A. Day, now
assistant secretary of State, appointed by President McKinley, and the style
of the firm was Lynch & Day. April 17, 1878, an addition was made to the
firm by the admission of Austin Lynch, a brother of the senior partner, under
the style of Lynch, Day & Lynch. In 1893 Mr. William A. Lynch retired
from the firm. A notable and historical case in northern Ohio in which he
was prominent was that of the State vs. Richardson. The defendant was a
woman charged with killing her husband, and the legal talent engaged upon
both sides was of the strongest character. The State's attorney was assisted
by William A. Lynch and Judge Day, whilst the defendant had employed
John McSweeney, Judge Ricks, Judge Mayer, Judge Pease — an array of
talent that is rare in one case. Medical expert testimony lent its aid m excit-
ing the public interest, and the tragic affair concluded with a verdict of
manslaughter. Mr. Lynch was twice elected by the people to the office of
prosecuting attorney. The first time his opponent was Charles M. Manderson,
recently Senator from Nebraska. The second term he had Major McKinley
for a competitor and failed of election. But upon the succeeding term he

BENCH AND BAR OF OHIO.

239

again contested with Major McKinley for the position, and was returned to
the office to which they had aspired. Daring this period the county of Stark
was strongly Republican. The office of prosecuting attorney and solicitor of
the city of Canton are the only offices to which Mr. Lynch has been elected and
the only offices for which he permitted himself to be placed in nomination.
He has always been a staunch, consistent, old-line Democrat, and has repeatedly
been tendered the nomination for Congress from his district, but always declined
to enter political life. So firm was this resolve that he declined even an appoint-
ment to the Common Fleas judgeship, tendered him by Governor Hoadly.
He was a delegate to the Indianapolis " National Democratic Convention " in
1896, and was one of the electors at large upon that ticket for the State of
Ohio. In 1883, upon retiring from the firm of Lynch, Day & Lynch, he
devoted himself to the work of counsel of corporations, and this soon led him
into an active participation in the management of several enterprises of great
magnitude. He was one of the projectors of the Pittsburg, Akron & West-
ern Railroad in northern Ohio, besides being exceedingly active in promoting
the construction of new railroads in the West ; reorganizing, railroad, coal and
iron properties and manufacturing companies. He has frequently been
appointed receiver for large interests, whilst in matters of litigation and reor-
ganization of big properties his counsel and active co-operation and assistance
are invariably sought. He is president of the local street railway of Canton,
and is always deeply interested in every enterprise tending to benefit the
town. He was married with Eliza Rush Underhill October 14,1874, daughter
of Judge Underhill, of Canton. They have a family of three daughters, all
of whom are now attending school — two at Smith College, Northampton, Mas-
sachusetts, and the youngest is now preparing for the collegiate course. In
speaking of Mr. William A. Lynch, a prominent member of the Oho Bar said :

" I have known him from his student days. He is a man of keen, logical,
analytical mind. No fallacy escapes his attention. He was always most studi-
ous and industrious. He has the principles of the law thoroughly mastered,
and knows more of the philosophy of the law than of mere case law. He is
well versed in law literature and the best English literature. He is a wide
reader, and of good general intelligence, reading and experience. When he
was in the general practice of the law, he was easily leader of the Bar in Starke
county, and while his reputation was somewhat local, I know of no better trial
lawyer in this State. He possesses exactly the temperament for a trial lawyer,
sufficiently combative, but not unreasonably so. He always retains complete
control of his temper, of his feelings, and of himself, and never permits any of
these to get the better of him, or to betra} 7 him into a mistake. He is full of
wit, pathos and logic, and possesses command of a wonderful vocabulary. He
is a most forcible and convincing speaker. If elegance of diction, pathos,
humor, fine analysis, logical argument and forcible manner, combined with a
warm enthusiasm for any cause he espouses, make an orator, then William A.
Lynch is one. He has a cool head, rare tact and ripe judgment. His percep-
tions are quick. He is a broad-minded, capable man, who in a law suit or other
matter quickly grasps the strong points and relies upon them for success,
rather than by magnifying unimportant details, the common fault with loose
thinkers. Mr. Lynch's position at the Bar was entirely the result of his high

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character, his great ability, and his sterling integrity. A man of solid parts,
he relied upon the public judgment of his character and qualifications for his
business, and never resorted to the arts of the small lawyer to bring it to him.
He has a warm, generous, sympathetic nature free from all demagogy ; a man
of convictions, and a man of courage. The measure of the man, his strong
sense of duty, courage and fearlessness, where duty prompted any line of con-
duct, was shown in the late campaign. He has always been a strong Demo-
crat, an ardent partisan, but his conscience impelled him to oppose the action
of his party in 1896, and he did so with all the force and ability of his char-
acter. On this occasion he made a truly magnificent speech in Canton. In
my opinion, there was no speech made during the campaign on the sound
money question, excepting, perhaps,' that of Carl Shurz, at Chicago, which will
in any way compare with it. Mr. Lynch is a strong Catholic, but free from
all bigotry. On the contrary, he is always tolerant of the religious views of
others. He has never sought office, and yet there is no public office, even to
the highest, that he would not be well qualified to fill. Had his mind and
inclination run in that direction, he would certainly have achieved a great
national reputation."

WILLIAM E. SHERWOOD, Cleveland. William Edgar Sherwood was
born at North Royalton, Cuyahoga county, October 2, 1850. His father was
Orasmus Sherwood, a native of Genesee county, New York, and of English
descent. The family for generations lived in New England; first in Connecti-
cut and later at Bennington, Vermont, where his ancestors, notably Ethan
Allen, of whom he was a direct descendant, took part in the contest concern-
ing the boundary line between the colonies of New York and New Hampshire,
just before the Revolutionary War. The mother of William E. Sherwood was
Anne M. Cane, who was born at the Isle of Man, November 18, 1822. His
early education was obtained at the public schools of Cleveland, later entering
Western Reserve College at Hudson in the class of 1872. His legal studies were
pursued at Columbia College Law School, in New York City, where he remained
for two years. He was admitted to the Bar in 1874 and immediately located
himself in the practice at Cleveland. He was from boyhood a devoted reader
and student, his favorite subjects being history, political economy and political
science. He possessed an unusually logical mind even for a lawyer, which,
combined with some combativeness of disposition, made him an agressive and
forceful debater, at times almost overwhelming his antagonist by his intellec-
tual power. His active interest in politics began almost with his entering
upon the practice of the law and he soon became prominent in public affairs.
In 1876 and 1877 he was a member of the city council. About this time he
formed a partnership with the Honorable H. J. Caldwell, now one of the
judges of the Circuit Court; but the association was dissolved by Judge Sher-
wood's becoming clerk to the mayor. He was appointed clerk of the board of
improvements July 1, 1878, and held the office until July 15, 1881. He then
became assistant city solicitor and continued as such until January, 1886. He
then formed a partnership with Amos Dennison, which continued until 1889,
when Judge Sherwood was elected to the Common Pleas Bench. Before his

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241

nomination to the Republican County Convention be was declared the unani-
mous choice of a non-partisan meeting of the lawyers of Cuyahoga county for
the judicial office. No higher compliment could be given to a lawyer; it came
to him from those who were the best judges of his ability, his integrity and his
impartiality. He was elected a year in advance of the opening of his term;
but was appointed January, 1890, for the residue of the term of Judge Will-
iam B. Sanders, resigned. Judge Sherwood was a recognized authority upon
municipal law. He had made it a special study, besides having become prac-
ticallv familiar with the subject while assistant city solicitor, where he took
the lead in tiding city cases. He showed marked ability in drawing bills for
legislative enactment. Such was his standing in this regard that he was
chosen with Judge Blandin to draw the original bill for providing an improved
form of city government, known as the "Federal Plan," which passed the
State legislature March 16, 1891. Judge Sherwood worked long and labori-
ously on the bill, which will remain a lasting monument to his legislative
capacity as well as to his thorough knowledge of municipal laws. He was
married October 8, 1874, to Mary Hall, of North Royalton, and three children
born of the union survive: William Edgar, Anna and Mary, the eldest of
whom is about nineteen } 7 ears of age. They all reside in Cleveland. Judge
Sherwood was stricken with appendicitis in the very vigor of his intellectual
and physical manhood, and, after an illness of hardly more than ten days, died
on the 22nd of September, 1892. By what he had proved himself to be he
gave promise of what he could become, and those who knew him never
doubted the utmost fulfillment of the promise, had his life been spared. Mrs.
Sherwood died December 16, 1896.

WILLIAM S. KERRUISH, Cleveland. William S. Kerruish, although,
born in Ohio, is a real Manxman. Probably no man living speaks, writes and
understands more perfectly than he the Gaelic language. He was born at
Warrenville, Cuyahoga county, on the 13th day of October, 1831. His father,
William Kerruish, and his mother, Jane Kelley, were natives of the Isle of
Man, and came to the United States in 1827, settling in Cuyahoga county,
Ohio. The father was a farmer and a most estimable, highly respected citi-
zen. Young Kerruish's early education was obtained in the district schools of
the county. At sixteen years of age he entered Twinsburg Institute, where he
spent four years preparing for college. He then entered Western Reserve
College, remaining therethrough his junior year. In 1854 he entered the
senior class at Yale, graduating with honors in the class of 1855. At college
he especially excelled in languages. Upon leaving Yale he taught the lan-
guages for a year at the Twinsburg Institute. During this time his name was
entered as a law student in the office of Ranney, Backus & Noble. Upon
retiring from teaching he at once entered this office and was admitted to prac-
tice in 1858. After admission to the Bar he remained with his preceptors a

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short time, then opened an office and practiced alone until his first partnership
was formed under the style of Hays & Kerruish. This firm lasted only about
a year, when he formed a partnership with William Heisley, under the firm
name of Kerruish & Heisley. This partnership continued until 1865. From
that time until 1880 Mr. Kerruish practiced alone. In the latter year he
formed a partnership with George T. Chapman, under the firm name of Ker-
ruish & Chapman. His son, S. Q. Kerruish, also a graduate of Yale, is now
the junior member of the firm, the style being Kerruish, Chapman & Kerruish.
The practice of the firm has been general in scope and character. Now, how-
ever, Mr. Kerruish, the senior member, if engaged almost entirely with impor-
tant litigated cases. He has always been a great student of the law and has
acquired a thorough knowledge of its principles. His natural abilities are
large and he is very successful in the conduct of litigation. Quick in his
apprehension of the points of law and the relevancy of testimony, terse and
clear in argument, he is a formidable adversary at the trial table. With a
persuasiveness of manner that is almost irresistible and a forcefulness of style
that is convincing, he usually brings the jury to his own view of a case. There
are few lawyers at the Cleveland Bar to-day who enjoy as large and lucrative
a practice as Mr. Kerruish. Outside of his profession he has always devoted much
time to the study of languages. In addition to the Gaelic language he speaks
German, has considerable knowledge of French and Italian, and has been a
life-long student of Greek and Latin. Some years ago, while he was in Italy,
he visited near Rome a church where it is claimed they have a stone bearing
the footprint of Christ. Wishing to see it he addressed a priest first in
English, then in German, only to be met with a shrug of the shoulders. He
then spoke to him in Latin, and at once received prompt attention and was
shown the stone. After this conversation was carried on between them, he
speaking in Latin and the priest replying in Italian. He reads Greek and
Latin — especially Latin — as others read novels, and no doubt finds as much
pleasure and recreation in his reading as the maiden does from the poems of
Tom Moore, Burns and Byron. Mr. Kerruish is a member of the Philological
Association of the United States, and in 1880, when the association met in
Cleveland, he read a paper on the Gaelic languages, which was afterwards pub-
lished in the proceedings of the association and received much favorable com-
ment both in this country and in Europe. This paper was prepared at the
request of Professor Lanman, of Harvard University. He has written various
articles for magazines at home and abroad, and his correspondence has been
extensive on the subject of Gaelic and Celtic languages. Mr. Kerruish has a
host of friends and admirers in the community. He is a man of the highest
moral character, possessing a true sense of justice. Straightforward and
square in his dealings he has the respect and confidence of all who know him.
In politics he is a Republican, but liberal in his views. He has never sought
or held political office. In 1859 he married Margaret Quayle, also a native of
the Isle of Man, and by this union seven children have been born — two sons
and five daughters, all living.

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243

HARVEY BICE, Cleveland. For nearly seventy years the life of the sub-
ject of this memoir was intimately related to the civic and social life of
Cleveland, and to the progress and well-being of the State. He was born on
his father's farm at Conway, Massachusetts, June 11, 1800, the son of Stephen
Rice and Lucy Baker, his wife. He was a lineal descendent from Edmund
Bice, who emigrated from Barkhamsted, England, with his family and settled
at Sudbury, Massachusetts, in 1638. His mother died when he was four years
old and he remained with his father at work on the farm until he reached the
age of seventeen, when he began in earnest to acquire a thorough education.
His studies were pursued with diligence, and in 1824 he was graduated from
Williams College. In the same year he made the trip westward by the stage
coach, Erie Canal and Lake Erie, arriving in Cleveland with three dollars in
his pocket. His capital consisted of a robust, healthy constitution, a vigorous
mind, whose faculties were admirably assembled and adjusted for the most
effective use; a moral character strong in its integrity, and aspiration to
the best and noblest things in life. Many years afterwards he spoke of
his landing at midnight on the wharf at Cleveland and carrying his trunk in
the dark to a lodging place. He was armed with no other weapon than a letter
of introduction to a leading citizen, a college diploma printed in Latin affix-
ing to his name the title of A. B. He says further : " With these instru-
mentalities I succeeded the second day after my arrival in securing the
position of classical teacher and principal of the Cleveland Academy/' At the
same time he became a student of law- during leisure hours under the instruc-
tion of Judge Reuben Wood. In the spring of 1826 he resigned from
the school and continued his legal studies at Cincinnati under Bellamy Storer.
Upon his admission to the Bar he returned to Cleveland and practiced with
Judge Wood until the latter was elected to the Supreme Bench in 1830. In
1829 Mr. Rice was elected justice of the peace. The next year he was elected
to the legislature and served on the joint committee to revise the statutes. It
was the first revision. Some of the most important provisions were drawn by
Mr. Rice and incorporated in the statutes. While in the legislature he
was appointed agent to sell the Western Reserve school lands, consisting of
56,000 acres, located in the counties of Tuscarawas and Holmes. For conveni-
ence he opened an office at Millersburg and disposed of the land in three
years, turning in nearly $150,000, which became a fund, the interest of which
is devoted to the schools of the Western Reserve. In 1833 he returned
to Cleveland and was appointed clerk of the Common Pleas and Superior
courts of Cuyahoga county, which he held for seven years. In 1834, and
again in 1836, he was the Democratic candidate for Congress, but as his party
was hopelessly in the minority he was both times defeated. Mr. Rice was
elected to the State Senate in 1851 as the first Democratic Senator chosen in
the county (and only two have been elected since). He was a prominent and:
useful member of the joint committee to revise the statutes in conformity with
the new Constitution, his former experience at revision making his service in
this position invaluable. He was also influential in the legislation providing

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for two asylums for the insane, and took a leading part in the discussion of the
reform of juvenile offenders, which led to the provision of a subsequent session
for the State Reform School at Lancaster, in accordance with his views.
As chairman of the committee on schools he achieved his greatest distinction
and most permanent fame. His work was such that history attributes to him
the honor of being the founder of the common school system of the State.
The Senate journals furnish the record of his advocacy of the cause —
his authorship of the bill, his report in its favor and his effective support of it
on the floor and its final passage by the vote of twenty-two in favor to only
two against. His vigilance did not sleep until the house also passed the bill
pledging the State to a wise and generous provision for the liberal education
of her children. In closing his argument and appeal he said :

"By the provisions of this bill it is intended to make our common schools
what they ought to be, the colleges of the people — cheap enough for the
poorest and good enough for the richest. With but slight increase of taxation,
schools of different grades can be established and maintained in any township
in the State and the sons and daughters of our farmers and mechanics have an
opportunity of acquiring a finished education, equal with the more favored of
the land. * * * Philosophers and sages will abound eve^where, on the
farm and in the workshops, and many a man of genius will stand among the
masses and exhibit a brilliancy of intellect which will be recognized in the
circling years of the future as a light, a landmark on the cliffs of time. * * *
Though I would not break down the aristocracy of knowledge of the present
age, yet I would level up and equalize and thus create, if I may be allowed
the expression, a democracy of knowledge. In this way, and in this way only,
can men be made equal in fact, equal in their social and political relations,
equal in mental refinement, and in a just appreciation of what constitutes man
the brother of his fellow man."

Mr. Hice was elected in 1857 to the city council of Cleveland. There he
took the lead in establishing a home of refuge, which was discontinued
but a few years ago. He was author of the resolution in the council which
resulted in the erection of the monument to Commodore Perry, and was made
chairman of the committee appointed to carry it into effect. In 1861 he was
president of the board of education and in 1871 was a member of the first
board of directors of the Cleveland Workhouse and House of Correction. Mr.
Rice was appointed in 1862 a commissioner of the War Department to conduct
the first draft of soldiers. While in discharge of his duty his office was
besieged one morning by a mob of some five hundred angry and excited men,
who brandished weapons and were intent upon the destruction of the record
of the draft, having gained the idea that it was unfair. Mr. Rice did not
flinch, but faced the mob until the military could be called out, when a
«' demonstration in force" quieted the turbulent crowd. He demanded that a
committee of the dissatisfied be appointed to investigate, which being done, he
soon convinced them that the draft had been properly and fairly conducted.
Mr. Rice was of a deeply religious nature, and on the grounds of Williams
College he erected, in 186.7, at his own expense, a monument as an expression
of regard to the cause of foreign missions. The monument stands on the

BENCH AND BAR OF OHIO.

245

spot where, in the midst of a storm, Samuel J. Mills suggested to four of his
companions in 1806 the thought which led to the organization of the American
Board of Foreign Missions. He was one of "the organizers of the Early
Settlers' Association of Cuyahoga county, Ohio, and was its first president,
an office he held until his death. Although Mr. Rice did not begin his literary
labors until 1869 he gained an enviable reputation in that field of work. He
was a voluminous, versatile writer, in poetry and prose, on subjects scientific,
historical, descriptive, sentimental. In 1871 Williams College conferred upon
him the honorary degree of Doctor of Laws. He died November 7, 1891, a
painless, peaceful death. In 1840 Mr. Rice married Emma Maria Wood, who
died in 1889. Two sons survive, Harvey and Percy W., both residents
of Cleveland.

ANDREW SQUIRE, Cleveland. Andrew Squire was born at Mantua, Port-
age county, Ohio, on the 21st day of October, 1850. He is the son of Andrew
Jackson Squire and Martha Wilmot, both of whom are natives of the State.
His paternal ancestors were among the early English settlers of New England,
and the family seat was for many generations in Berkshire count} 7 , Massachu-
setts. His father, born two years after the settlement of the family in Ohio,
now retired at the ripe age of eighty-two, was a very successful physician with
a large practice for many years. His mother belonged to an old New Eng-
land family, whose home was long in Connecticut. Andrew commenced his
education in the district schools in his native town, but in 1861, at the age of
eleven, he entered the Western Reserve Eclectic Institution at Hiram (after-
wards Hiram College). In 1863 his family removed to Hiram, and he remained
at the school, with occasional breaks, until 1872, when he graduated. Coming
to Cleveland at once, he entered the office of Cad well & Marvin and com-
menced the study of law, and on December 3, 1873, was admitted to the Bar.
In January, 1874, he formed a partnership with A. J. Marvin — Judge Cad well
having been elected to the Bench — the firm being Marvin & Squire. In 1876
Alphonso Hart, who was lieutenant-governor of the State, became a member of
the firm, under the name of Marvin, Hart & Squire. In 1878 Mr. Squire
retired from this firm and formed a partnership with E. J. Estep, under the
firm name of Estep & Squire. In 1882 Judge M. R. Dickey joined them, and
the firm became Estep, Dickey & Squire, and so continued until 1890, when Mr.
Squire withdrew. Judge William B. Sanders retired from the Bench, and with
James H. Dempsey (who had been a partner in the firm of Estep, Dickey &
Squire) established the present firm of Squire, Sanders & Dempsey. This is
acknowledged by the Bar to be a most excellent combination, all being men of
exceptional ability. Mr. Squire's standing as a man and lawyer is unexcelled
in this section of the State. " Gentle by nature, kind and considerate in his
family," is the verdict of those who are in a position to judge the man in his
domestic life. Possessed of unusual common sense, superior judgment, and a
thorough training in the law, and being a good judge of men, he is admirably

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qualified to be at the head of one of the ablest law firms of the city, and one
that enjoys a large practice. He cannot by any means be classed as a case law-
yer. While he conducts a trial with skill, it is in presenting the principles
of the law involved in the cause that his clearness, force and ability are
most observed. He is a safe counsellor, and his advice is much sought.
In the formulating of methods and plans in business he has been most
successful, and by his advice and counsel in this direction he probably has
contributed as much as any other lawyer at the Bar to the advancement of
the great commercial interests of the city of Cleveland. The business of the firm
can be classed as a general civil practice, but they have a very large and lucra-
tive corporation practice. Mr. Squire is a Republican, always taking an active
interest in political affairs, but his professional work has been so continuous
and exacting he has not had time to be much of a worker. However, he was
a delegate to the Republican National Convention which met in St. Louis and
nominated Mr. McKinley. Mr. Squire has been twice married. In 1873 he
married Miss Ella Mott, of Hiram, Ohio, and by this union there were two
children, a daughter, who died, and a son, Carl A., still living. After the
death of his first wife he was married again, in 1896, to Mrs. Eleanor Seymour
Sea, whose father, Mr. Belden Seymour, for many years prior to his death had
been his friend.

FRANK E. DELLENBAUGH, Cleveland. Honorable Frank E. Dellenbaugh
is judge of the third subdivision of the Fourth Judicial District of the Court
of Common Pleas, Cuyahoga county. He was born at North Georgetown,
Columbiana county, Ohio, on the 2d day of October, 1855. His father, C.
W. Dellenbaugh, a native of Ohio and a physician, was prominent in his pro-
fession and highly respected at his home. His grandfather, also a physician
very eminent in his day, was a native of Switzerland and came to America in
the early part of the present century, settling in Ohio. His mother, Sarah A.
Everett, was also a native of Ohio, of English ancestry. When Frank was
less than a year old the family moved to Cleveland, and his early education
was received in the district schools and the Cleveland Academy. Afterwards
he entered the Western Reserve College, but owing- to ill health he was com-
pelled to leave before completing his collegiate course, and for two years he
had a private tutor. In 1875 he entered the law department of the University
of Pennsylvania, where he remained one year and until he was appointed by
President Ha} T es inspector in the department of finance of the Centennial
Exposition, which position he filled from May 1, 1876, to November 29 of the
same year. Returning to Cleveland in December, 1876, he entered the law
office of his uncle, Charles D. Everett, Esquire, and continued the study of
law. In 1877 the Ohio State Union Law College conferred upon him the
honorary degree of Bachelor of Laws, and on the 21st of March, 1877, he was
admitted to practice in the State courts, and on the same day one year later
he was admitted to the Federal Courts. Commencing the practice of his pro-

BENCH AND BAR OF OHIO.

247

fession he remained alone for about one year, when he formed a partnership
with Albert H. Weed, under the firm name of Weed & Dellenbaugh. This
partnership continued about two years when he withdrew to form a partner-
ship with his uncle, Charles D. Everett, under the firm name of Everett &
Dellenbaugh. In about two years the firm was enlarged by taking in his
first partner, Mr. Weed, and so continued until 1895, when President McKinley,
then Governor of Ohio, appointed Mr. Dellenbaugh judge of the Court of
Common Pleas to fill the unexpired term of Judge John C. Hutchins, who
resigned to accept the postmastership of the city of Cleveland, to which posi-
tion he had been appointed by President Cleveland. Mr. Dellenbaugh gave
up a large practice to accept the judgeship. He had been a most successful
practitioner. Coming upon the Bench he brought with him and applied busi-
ness methods, and very soon demonstrated the wisdom of Governor McKinley
in making the appointment of so young a man. So efficiently had he dis-
charged his duties that six months after his appointment he was the unanimous
choice of the Republican party for the nomination for a full judicial term of
five years, and without any effort on his part defeated Judge Noble, the Demo-
cratic candidate, by nearly six thousand majority, and in the spring of 1897
entered upon his judicial service for the full term. Judge Dellenbaugh is a
close student, possessed of strong will-power, high moral character and great
industry. He is evenly balanced and well grounded in the principles of the
law. His judicial career is very bright and promising. Judge Dellenbaugh
has always been in politics a Republican, taking a most active part in political
matters, but never held elective office until he accepted his present position,
and even this came unsought, for he was not a candidate. He is a speaker of
more than average ability. When the St. Louis convention nominated Gov-
ernor McKinley for the Presidency he immediately offered his services as a
speaker to the Republican National Committee. His offer was gladly accepted
and he was sent first into the Northwest, where he made many speeches,
closing the campaign in his native State. Judge Dellenbaugh is a Mason and
a member of all the leading social clubs of Cleveland. Having a most genial
and affable manner he has as large a circle of friends and admirers as any
lawyer in Cleveland.

JAMES LAWRENCE, Cleveland. James Lawrence was born in Guernsey
county, Ohio, on the 15th of January. 1851. His father in his younger days
was a merchant, but always took a great interest in affairs relating to the pub-
lic good. He was a member of the Constitutional Convention of 1851, once a
member of the Ohio House of Representatives, three times a member of the
Ohio Senate, and a member of Congress from 1857 to 1859, during Buchanan's
administration. He was of Scotch-Irish descent. The great-grandfather of
James came to this country toward the close of our Revolutionary War, some-
where about 1783, and settled in Maryland, his grandfather being born at
Havre de Grace, Maryland. The family removed to Washington county,

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Pennsylvania, coming to Ohio about 1810, where his father was born. His
mother, Margaret E. Ramsev, was of Scotch descent, her ancestors coming to
this country at an earlier date than those on the paternal side, and settling in
Pennsylvania. The larger part of his mother's early life was spent in Virginia
with relatives. The early education of James was in the public schools and after-
wards at the academy. He entered Kenyon College in 1868, in the sophomore
class, taking his degree of Bachelor of Arts in 1871. Having when quite a
boy determined upon the law as his profession he immediately took up the
study of law with the Honorable J. W. White, at Cambridge, Ohio, remaining
with him for three years, and in 1874 was admitted to the Bar. He immedi-
ately removed to Cleveland and entered the office of G. H. Foster. After a
time he became a partner of Mr. Foster, remaining with him until 1893, when
the partnership was dissolved. The firm at the present time is Lawrence &
Estep. During the administration of Honorable George Hoadly as governor
of Ohio, for the years 1884 and 1885, Mr. Lawrence was the attorney-general
of the State. He was corporation counsel for the city of Cleveland from 1893
to 1895. Mr. Lawrence is considered by the Bar to be a good all around law-
yer, a close student devoting great care to the preparation of his cases. He
possesses a keen sense of justice and honor and has the confidence and respect
of both the profession and the public. In politics he has always been a Dem-
ocrat, taking an active interest in all matters affecting his party. In 18S8 he
married Jennie Gardner Porter, and by this union has three children, one boy
and two girls, all living.

JAMES M. JONES, Cleveland. James Milton Jones first saw light in Eng-
land, having been born in Llerefordshire, near the ancient Roman walled city
of Hay, in the beautiful valley of the river Wye, and in the shadow of the
battlements of Clifford Castle, famed for its romantic legends of Henry II. and
Fair Rosamond. He was the third son of Thomas and Mary Jones, and was
brought by his parents to Cleveland in his infancy, in 1831, when the city was
but a village. The family consisted of thirteen children, six sons and seven
daughters. It was a family noted for its eminently social characteristics, for
the public talent of its sons and the bright and cheerful personality of its
daughters. The status of the sons among men is manifest. The eldest, Thomas
Jones, Jr., was United States collector of internal revenue and postmaster at
Cleveland ; James M. was twelve years on the Superior Court and Common
Pleas Bench ; John P. is United States Senator for Nevada, now serving his
third term; Samuel L. is superintendent of Crown Point Mine, Nevada, and
Frederick was at one time head of the coining department of the United
States mint, New Orleans, Louisiana. The father, for more than forty years
a prominent and enterprising citizen of Cleveland, is now dead. The vener-
able and beloved mother died at the age of ninety, in the home of her son,
Senator Jones, at Gold Hill, Nevada, in 1893. It is mainly in the legal and
judicial character of Judge Jones that this sketch is written — phenomenal sue-

'flic Century PuMistuitg & Enyraving Co. Chicaner.

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249

cess coupled with judicial eminence. With the requisite professional prepara-
tion he came to the Bar in 1855, and probably but few lawyers immediately
acquired so profitable a clientage. Shortly after his admission to the Bar he
was retained as leading counsel for the defense of the famous " Townsend-
McHenry " extradition case, a proceeding pending before the United States
commissioner, on the charge that the prisoner who claimed to be Robert
McHenry was no other than the notorious William Townsend, a well known
desperate Canadian highway robber and murderer. It was a long hearing and
several successive lots of witnesses had to be brought from Canada before they
could make a case. The prisoner was, however, extradited and ultimately put
upon his trial for murder, as William Townsend, the sole question on trial
being one of identity. About one hundred witnesses testified to his being
Townsend, but he was nevertheless able to produce a large number of witnesses
to testify that they knew Townsend and this was not the man. He was
acquitted. For public notoriety and identity of issue it has hardly been sur-
passed by the Tichborn case. It was in this case that Mr. Jones first attracted
public attention for his skill in the cross-examination of witnesses and the
forcible style of his advocacy, which at once brought him to the front. This
early manifestation of legal accomplishments led very directly to his appoint-
ment as attorney for the Western Union Telegraph Company, a relationship
which he for many years sustained. Having supervision of a large and pecul-
iar legal business for this company, extending over various States and Terri-
tories covered by its lines, he made telegraph law a specialty for some years,
and his experience in that new branch of the law is probably unsurpassed by any
other lawyer. In 1867 he was elected prosecuting attorney for Cuyahoga
county. In 1873 he was elected one of the three judges of the Superior Court,
having the rare compliment of a nomination by two political conventions. He
served until July, 1875, when the judicial system was changed and he was
transferred by election to the Court of Common Pleas for the full term of five
years. At the end of his term in 1880 he resumed the practice of law, with a
largely increased clientage. One year thereafter he was elected, by the largest
majorities ever given a judge in the county, to succeed the Honorable Samuel
B. Prentiss, who voluntarily retired, having served fifteen years. Judge Jones
resumed the Bench in Februan^, 1882. His last judicial term was a season of
unprecedented litigation, often involving millions in a single case, and requir-
ing not infrequently the elucidation and administration of municipal, commer-
cial and railroad corporation law, and it is sufficiently specific and expressive
to remark that in his entire judicial service Judge Jones proved equal to every
occasion. Finally, in 1887, Judge Jones stepped from the Common Pleas
Bench into a large and paying practice, and has since been identified with
many of the most important cases brought before the courts in the northeast
section of Ohio. In the investigation and preparation of his cases and in the
trial thereof the peculiar genius, skill and vigor, and the convincing presenta-
tion of the facts and law applicable thereto, have won for him pre-eminent pro-
fessional distinction. Not only for his legal and judicial eminence is he

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recognized, but -for his social and business qualifications. He is a director of
the Citizens Loan and Savings Association, was once president of the German-
Ameri can Sa vings Bank Company, trustee of the Kelley Fund for the Art
Gallery and School in Cleveland, and for considerable time was the president
of the Cleveland Bar Association. In 1894 he secured the passage of a law
doing away with jury trials in a certain class of commercial cases. Judge Jones
has been singularly blessed and made happy in his domestic relations. In
1860 he married the most excellent and accomplished Miss Ermina Barrows.
Three bright, lovely and accomplished daughters, the fruit of this union, lend
charm and grace to their lovely home.

ALPHONSO TAFT 3 Cincinnati. Honorable Alphonso Taft was born at
To wnsend, Vermont, November 5, 1810, the only son of Peter Rawson Taft
and Sylvia Howard Taft. His grand parents, both on his father's and his
mother's side, emigrated from Vermont to Worcester county, Massachusetts,
the families being originally from England. One of his ancestors, Edward.
Rawson, came to Newbury, Massachusetts in 1636. He was a man of very
high standing, holding for thirty-five years the position of secretary of the
province of Massachusetts. Judge Taft's father was reared as a farmer, but
subsequently studied and practiced law. He served a number of years in the
Vermont legislature, and also as judge of the Probate and Circuit Court of
Windham county, Vermont. Alphonso Taft was brought up as a farmer, and
attended the neighboring country schools until he was sixteen years of age.
He taught school during the winter and earned money to pay his tuition at
Amherst Academy. His summers were largely spent at work upon his
father's farm. After several years of hard work he entered Yale College in
his nineteenth year, and graduated with high honor from that institution in
the class of 1837. After graduating he taught for two years in the high
schools at Ellington, and for two years later held the position of tutor at Yale.
He attended the Yale law school, from which he graduated in 1838, being
admitted to the Bar in the State of Connecticut at that time. After visiting
a number of the western States, he finall^v settled in Cincinnati in 1839, where
he began the practice of the law. His first associate was Judge Thomas Key,
who entered his office in 1842, and became judge of the Commercial Court in
1849. Subsequently, Mr. Taft was associated with Judge Patrick Mallon,
Honorable William M. Dickson, Honorable Aaron F. Perry and Honorable
George R. Sage. Later he was associated with Major H. P. Lloyd, and with
his sons, Judge William IL, Charles P., Peter R. and Horace D. Taft.
Although Judge Taft was an entire stranger at the time he entered upon the
practice of his profession in Cincinnati, he eventually obtained a very large
practice, appearing in some of the largest cases brought in the State. A well-
known case was one involving the will of Charles McMicken, by which prop-
erty valued at over one-half million of dollars was devised to the city of Cin-

BENCH AND BAR OF OHIO.

251

einnati to found a university for the free education of the youth of the cit}^.
Mr. Taft was of counsel defending the will. The case was tried before
Justice McLean, of the Circuit Court, and the will was sustained. Subse-
quently, the case was carried to the Supreme Court of the United States where
again the will was sustained. The justice in delivering the opinion of the
court paid a very high compliment to the brief of Mr. Taft, which was a com-
plete compendium of the law on the subject of religious and eleemosynary
trusts in wills. Another important case in which Judge Taft appeared as
counsel was a suit involving the issue of two million dollars in bonds for the
completion of the Cincinnati Southern .Railroad, in which Judge Taft was ,
retained by the trustees of the railroad to defend the constitutionality of the
bill. Fie was also successful in this suit, which was carried to the Supreme
Court of Ohio. During his earlier residence in Cincinnati he was a member
of the city council, where he favored the extending of the city limits north
from Liberty street to what is now known as McMillan street. He was one
of the incorporators of the Ohio & Mississippi Railroad, and acted as its coun-
sel for many years. He was also a member of the first board of trustees of
the Cincinnati & Marietta Railroad, as well as a director for many years of
the Little Miami Railroad. He was strongly interested in the subject of rail-
roads, and delivered before the Mercantile Library Association an address on
railroads, in which he showed the importance to the city of having a large
number of railroads. He believed that Cincinnati, Baltimore and St. Louis
should be joined by railroads, which should form the main avenue of com-
munication between the East and the West, very much as is now accomplished
by the Baltimore and Ohio system. He favored strongly the building of the
Cincinnati Southern Railroad. As one of the judges of the Superior Court
the question of the validity of the Act authorizing the first issue of bonds was
before him. He delivered the opinion of the court sustaining the constitu-
tionality of the act. Lie was one of the court at the time of the appointment
by the court of the first board of trustees of the Southern Railroad, and upon
his retirement from the Bench he was himself appointed a trustee in 1875.
This office he resigned upon being called into the cabinet, but upon his return
to the practice of the law he was retained as counsel to defend the two-million
dollar issue of bonds which enabled the final completion of the road. He was
first president of the Mount Auburn Street Railway, which was the pioneer in
the way of street railways connecting the city with the suburbs. He took a
great interest in the founding of the House of Refuge, and delivered the open-
ing address upon the completion of that institution. Mr. Taft during his
whole life was much interested in politics, but took no prominent part until
1S56, when he was a member of the convention which nominated John C.
Fremont for President. In that year he was a candidate for Congress in the
First Ohio District against George H. Pendleton, by whom he was defeated.
In 1864 he was tendered an appointment to fill a vacancy in the judgeship
of the Superior Court of Cincinnati, but declined the honor. In 1865, how-
ever, he accepted the position made vacant by the resignation of Judge

252

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George Hoadly, and the following year was elected to the position for the full
term, and again in 1869, receiving at that time the unusual honor of the
unanimous vote of both political parties. He resigned in 1873 and resumed
the practice of the law in partnership with his two sons, Charles and Peter.
Daring his term on the Bench he delivered a great number of opinions, which
are considered among the very best among the records of the court. The best
known case perhaps which came before him was the so-called Bible case,
in which suit was brought to enjoin the school board of Cincinnati from strik-
ing out of the rules governing the public schools the provision for the reading
of the Bible in the opening exercises of the school. Judges Storer and Hagans,
constituting a majority of the court, granted the injunction, but Judge Taft
dissented. The case was taken to the Supreme Court, which unanimously
reversed the decision of the court below and sustained the opinion of Judge
Taft. In 1875 Judge Taft was a candidate before the Republican convention
which nominated Rutherford B. Hayes for governor, and again in 1879 he was
a candidate against Charles Foster and was defeated, in the latter instance, by
but seven votes. One of the arguments used against him in each of these cases
Avas the Bible decision, which, though affirmed unanimously by the Supreme
Court, prejudiced him in the minds of those of his party who differed with
him upon that question. On March 7, 1876, President Grant appointed Judge
Taft secretary of war to succeed General Belknap. After three months in this
position he was appointed attorney-general of the United States, succeeding
Edwards Pierpont, which position he held until the close of President Grant's
administration. At that time he returned to Cincinnati to the practice of the
law, and associated with Major H. P. Lloyd. In April, 1882, President Arthur
appointed Judge Taft United States minister to Austria, where he resided for
several years at Yienna with his wife and daughter. In the summer of 1884
he was appointed by President Arthur United States minister to Russia. He
remained in St. Petersburg until the fall of 1885, when he returned to Cincin-
nati, and resumed once more the practice of the law. In 18S9 his health
became so poor that he was obliged to go to San Diego, California, where he
remained for two years, dying May 30, 1891, in the eighty-first year of his
age. Judge Taft during his life-time took a great interest in the cause of
education, and was one of the original trustees of the "Woodward fund, and for
more than twenty years a member of the Union Board of High Schools. His
sons he caused to be educated at Yale College, from which he himself received
the degree of LL. D. in 1867. In 1873 he was elected one of the corporation
of Yale College, and was re-elected for a subsequent term of six years, at the
end of which time he refused another election, for the reason of his appoint-
ment to Austria. He married for his first wife Miss Fannie Phelps, of Town-
send, Yermont, in the year 1811, who died in 1852, leaving two sons, Charles
Phelps and Peter Rawson. In 1854 he married Miss Louise M. Torrey, of
Millbury, Massachusetts, who, with four children, William Howard, Henry
W., Horace D. and Fannie Louise, survives him.

BENCH AND BAR OF OHIO.

253

WILLIAM H. TAFT, Cincinnati. William Howard Taft was born in Cincin-
nati, Ohio, September, 15, 1857.. Lie was a son of Alpbonso Taft and Louise
M. Torrey, of Millbury, Massachusetts. He prepared himself for college in
the public schools of Cincinnati, graduating from Woodward High School. He
entered Yale University in 1874 and graduated from tbat institution in 1878,
the second in his class. He delivered the salutatory oration at commencement,
and was selected by his class to deliver the class oration during commence-
ment week. Upon his return to Cincinnati be studied law in his father's office
and in the Law School of the Cincinnati College, from which he graduated in
1880, securing first prize for the year. He was admitted to the Bar at Colum-
bus in 1880 and became the law reporter of the Cincinnati Commercial, which
position he held until January 1881, when he was appointed assistant prose-
cutor of Hamilton county, Ohio. This position he held until March, 1882,
when President Arthur appointed him collector of internal revenue at Cincin-
nati, fie resigned this position in the same year and in January of the follow-
ing year became a law partner of Major H. P. Lloyd. In March, 1887, he
was appointed by Governor Foraker to fill a vacancy in the position of judge
of the Superior Court of Cincinnati, caused by the resignation of the Honora-
ble Judson Harmon. During the time he was engaged in the practice of law
with Major Lloyd he also held the position of assistant county solicitor under
Honorable Rufus B. Smith. At the expiration of the term for which Judge
Taft had been appointed by Governor Foraker in 1888, he was elected judge
of the Superior Court for the full term of five years. In January, 1890, while
holding this position, he was appointed by President Harrison to be solicitor
general of the United States, and he entered upon his new position in Febru-
ary, 1890. During his three years' occupancy of the Superior Court Bench,
Judge Taft heard and decided a number of cases which, in importance, ranked
among the highest tried by that famous court. At Washington he repre-
sented the United States government before the Supreme Court in a great
number of important cases. His briefs were always carefully prepared and one
of them which related to one of the Behring Sea cases won high commenda-
tion from the court. After a little more than two years' service as solicitor
general he resigned to accept the appointment of the position of United
States Circuit Judge for the Sixth Circuit, which was tendered him by Presi-
dent Harrison. He took the oath of office as a judge March 17, 1890. His
associate at that time on the Bench of the newly created court was Howell E.
Jackson, and upon the appointment of Judge Jackson to be Justice of the
Supreme Court of the United States, Judge Taft became the senior judge of
the Circuit and presiding judge of the Circuit Court of Appeals. This circuit
includes four States — Michigan, Ohio, Kentucky and Tennessee. The business
of the court since its establishment has been of very great importance and has
included many cases of interest to the public at large. Judge Taft's decisions
have made him a reputation as a judge of the first rank throughout the
country. In the fall of 1896 Judge Taft with others organized the Law
School of the Cincinnati University with which was incorporated, the follow-

254

BENCH AND BAR OF OHIO.

ing year, the Law School of the old Cincinnati College. Of this institution
Judge Taf t has been the dean since its organization. In June, 1897, he received
the honorary degree of LL. D. from Yale University. In June, 1886, he mar-
ried Miss Helen Herron, daughter of Honorable John W. Herron, of
Cincinnati.

CHANNING RICHARDS, Cincinnati. Honorable Charming Kichards, a
leading member of the Cincinnati Bar, is descended from patriotic ancestry
through both his paternal and maternal lineage. He is of the eighth genera-
tion from John Richards, who emigrated from Wales and settled at Plymouth
before 1637. His grandfather, Guy Richards, was a brother of Captain Peter
Richards, one of the patriots killed at Fort Griswold, near New London, when
it was captured by the English under the leadership of Benedict Arnold in
1781. His father, a native of New London, Connecticut, located in Cincin-
nati about 1832 and engaged in merchandising; was at one time secretary of
the chamber of commerce, and lived until 1869. His mother, Lydia William-
son before her marriage, the granddaughter of General Elias Dayton, an offi-
cer on General Washington's staff, was born in Elizabeth, New Jersey, and
died in her Ohio home in 1850. Channing Richards, the lawyer, was born in
Cincinnati February 21, 1838. He was prepared for college in Brooks Acad-
emy, entered Yale in 1854 and was graduated in 1858. He was graduated
from the Cincinnati Law School the following year and began the practice,
which was soon interrupted by his entrance into the military service. He
enlisted under the first call for volunteers, April, 1861, in the Sixth Ohio
Infantry ; served in the West Virginia campaign six months, when he returned
home and accepted appointment as second lieutenant on the staff of General
M. S. Wade, commandant at Camp Dennison. In January, 1862, he went to
the front as first lieutenant in the Twenty-second Ohio Infantry, and a month
later was promoted to the captainc}' of the company. His service thencefor-
ward was in the Army of the Tennessee until the close of the war, with the
rank of captain. He participated with his command in numerous battles,
among which were the earlv engagements at Laurel Hill and Carrick's Ford
in West Virginia, Forts Henry and Donelson, Shiloh and Corinth and Vicks-
burg. After the surrender of that western stronghold to the Union forces,
Captain Richards was asssgned to duty at Memphis, Tennessee, serving as
provost marshal, judge advocate and military mayor of the city until the
rebellion was finally suppressed. He remained there engaged in the practice
of law until 1871, when he returned to Cincinnati and formed a partnership
with William Stanton. This was continued until October, 1872, when he was
appointed assistant United States district attorney. In 1877 he was appointed
United States district attorney by President Grant, and reappointed to the
same office in 1881 by President Hayes. After service of five years as the
assistant he was well qualified for the larger responsibility of chief. For eight
years succeeding 1877 he conducted the legal controversies in behalf of the

BENCH AND BAR OF OHIO. 255

United States for southern Ohio with ability and zeal, protected the interests
of the government and rendered complete satisfaction to the several ad minis-
trations with which he was officially connected, as well as individuals whose
interests were involved. After the expiration of his second term, in 1885, Mr.
Richards formed a partnership with the late Rufus King and Mr. Samuel J.
Thompson, which was dissolved by the death of Mr. King. The firm as now
constituted is Thompson, Richards & Richards. Since 1888 he has been the
professor of commercial law and contracts in the law school of the Cincinnati
College. His practice has been confined almost exclusively to civil business,
and very largely to commercial cases. His distinctive ability is recognized by
his most eminent and successful associates, who unhesitatingly accord to him
high rank at the Bar. He possesses large mental capacity with a genius for
analysis and the orderly arrangement of details. His argument is always
clear, concise, logical and scholarly, without evasion or sophistry ; not only a
very thorough exposition of the law applicable to the case under considera-
tion, but impressed and re-enforced by his integrity of character, probity and
uprightness of conduct, in the profession and in society. To the studious care
with which his cases are prepared is added perfect loyalty to clients. An old
practitioner in the State and Federal courts of Ohio, who knows Mr. Richards
intimately, remarks : "As an associate or an adversary I always found him
courteous and strong. Against him I knew that I could not rely for success
upon any oversight or neglect of preparation on his part. I do not regard him
as inferior in mental vigor to any member of our Bar." He is Republican in
politics, rendering valuable support to the party by public speaking and active
membership in the leading club of the city. His religious belief finds expres-
sion in the forms of the Episcopal Church, in which he has held membership
since 1857. He has also been a member of the standing committee of the
Diocese of Southern Ohio since its organization in 1875, and in 1895 was
appointed chancellor of the diocese. Mr. Richards has cause to thank the
military authority of the government for his assignment to duty at Memphis,
as it resulted in a most fortunate partnership. He was married April 11,
1865, to Miss Hattie, daughter of P. P. Learned, a prominent business man of
Memphis for many years. Seven children have been born of this union : Hat-
tie L., born in 1866, died in 1872; Channing, born in 1870, now an attorney
in Cincinnati ; Paschal, born in 1872 ; Brayton, born in 1874; James, born in
1876; Bessie, born in 1878, died in 1891 ; and Virginia, born in 1887. Mr.
Richards died September 12, 1896.

RUFUS B. SMITH. Rufus B. Smith, on the Bench of the Superior Court of
Cincinnati, is a native of that city, born October 24, 1854. His father, Henry
R. Smith, was for many years a prominent citizen and successful business man
of the city ; a man capable in affairs, as evidenced, not only by the manage-
ment of his own private business, but also by his administration of the trustee-

250

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ship of the Cincinnati Southern Railroad. Rufus B. obtained his primary
education in the excellent public schools of his native city, continuing until he
had reached the senior year of the high school course, when he prepared for
the examination at Yale College under a private tutor. He was graduated
from Yale in 1876 upon completion of the full classical course. Immediately
thereafter he entered the Cincinnati Law School and Dursued its regular
course of study. He was fortunate in being received into the law office of
the late Alphonso Taft, where he began the practice of the law. In 1880 he was
appointed first assistant to the prosecuting attorney of the county, serving as
such for almost a year. In 1885 he was elected to the office of county solic-
itor, and served a term of three years. In 1891 he was elected judge of the
Superior Court for the unexpired portion of the term of Judge No} 7 es who
died in office, and discharged his official duties so acceptably that he was
re-elected in 1894 for the full term of five years. One of the best of the older
lawyers of Southern Ohio says of him :

"Rufus B. Smith, as a judge of the Superior Court of Cincinnati, has
acquired the respect of the profession for his sterling integrity, industry and
fidelity in the discharge of his official duties. He has* a clear, logical mind
and that satisfaction in the work in which he is engaged that secures thorough-
ness of investigation and justifies the conclusion which he reaches. His opin-
ions are characterized by their sound argument rather than their rhetorical
finish. His judgments inspire confidence in their correctness ; and the Supreme
Court of Ohio has frequently affirmed them by referring to and adopting the
reasoning of his opinions. As an illustration I would refer to his opinion in the
case of the city of Cintinnati vs. the Cincinnati Inclined Plane Railway Com-
pany in the thirtieth Weekly Law Bulletin, page 321. The high estimation in
which he is held by the legal profession, in view of his comparatively brief
career at the Bar and upon the Bench, gives assurance that his ultimate place
will be in the foremost rank of the lawyers of the State."

Another leading member of the Bar whose reputation is both State and
National, says : "Judge Rufus B. Smith, of the Superior Court is one of the
strongest men intellecually on the Bench in Ohio. He is a close, careful stu-
dent, always at work and he never fails to do good work. He is not only able
but thorough, and has the confidence and esteem of all who know him, not
only as a lawyer and a judge but also as a gentleman and a citizen." He was
married in 1886 to Miss Edith Harrison, daughter of L. B. Harrison, president
of the First National Bank of Cincinnati. To them have been born four chil-
dren. For a man who has not } 7 et reached the meridian of life Judge Smith
has attained unusual eminence in the profession and unusual distinction as a
lawver. His elevation is due in some degree to that combination of talents
with which nature endows a man intended for the law ; but it has not come
without a struggle. His success has been achieved. Every contest has been
earned. He was a hard student in school and his studious habit has accentu-
ated every step in his progress as a lawyer. The power which he displays in
mastering a new question is not due alone to superior intellectual force, but
dependent in some degree upon his method of study and his capacity for the

BENCH AND BAR OF OHIO.

257

concentration of his mental faculties in the investigation. He considers the
question from different points of view as an. entity, and by the skillful use of
analysis and logic determines its relations to the known.

DAVID K. WATSON, Columbus. David Kemper Watson was born on a
farm in Range township, near London, Madison county, Ohio, June 18, 1849.
He was the youngest of seven children of Jesse and Margaret (Jones) Watson.
David Watson, grandfather of the subject of this sketch, was a Virginian by
birth, and in early life was a sailor and afterward a surveyor, in which latter
occupation, while employed by the government, he selected for settlement lands
in Madison county, Ohio. This property still remains in the possession of the
Watson family. Mr. Watson's father was a successful farmer and later a
banker at London. He died in 1871. He was a man of great energy and
executive ability, a friend of progress and education, a loyal patriot, and
uncompromising adherent to the cause of the Union in the War of the Rebel,
lion. He contributed not only generously of his means to the cause of the
Union, but four sons, all that were old enough to enter the army. He thor-
oughly appreciated the advantages of education, and his five sons were given
every opportunity that schools and colleges could afford. The subject of this
sketch attended the country schools of his district, and then prepared for col-
lege under the private tutorage of Rev. C. W. Findley, at London. In 1867,
he entered Dickinson College, at Carlisle, Pennsylvania, from which institution
he graduated in 1871. The fall of the same year he began the study of law,
and in 1872 entered the Law School of Boston University, graduating in 1873
with the degree of LL. E. He was awarded the first prize for a thesis on the
subject of "Caveat Emptor." He immediately began the practice of his pro-
fession at London, Ohio, where he remained for two years, when he sought a
broader field of opportunity in the courts of Columbus, which has since been
his residence. He has never formed any partnership alliances, but from his
admission to the Bar (1873), equipped with superior education and mental
training, and with natural ability and great fondness for his profession, he has
been eminently successful. In 1881, he was appointed by President Arthur
assistant United States district attorney for the southern district of Ohio,
serving under Hon. Channing Richards. This position he held for four
years. In 1887, the Republicans of the State recognizing Mr. Watson's quali-
fications for the office, nominated him at the Republican State Convention at
Toledo, on the first ballot, against seven other candidates, for the office of
attorney general. He took an active part in the campaign and contributed
much to, the election of the entire ticket. So ably and faithfully did he dis-
charge the duties of his high office that at the close of his term he was renom-
inated by the Republican State Convention by acclamation, and was again
elected, receiving the largest vote cast for any candidate. He displayed
marked ability and integrity and fearlessness m the discharge of his official

258

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duties, being engaged in defending the State in many of the most important
cases ever brought before the Supreme Court. Particularly was this true in
the famous suit he brought against the Standard Oil Company, in which he
petitioned the court to declare the charter of that company forfeited, on the
ground that it had entered into and was a party to an illegal trust or combine,
to prohibit competition in the production and sale of oil, and consequently to
create a monopoly against law and public policy. This suit resulted in one of
the greatest legal battles ever fought in the courts of Ohio, the Standard Oil
Company having employed the best legal talent of the country to defend its
interests. Mr. Watson won a conspicuous victory, the court dissolving the
trust. It was the most important if not the first blow struck by the courts of
this country at illegally organized and conducted corporate power. The case
is fully reported in 49 Ohio St., 137. In 1893, Mr. Watson was appointed by
President Harrison special counsel to conduct the suits brought by the United
States government against the Pacific railroads. In 1891, he was nominated
by acclamation by the Republicans of the Twelfth District of Ohio as their
candidate for Congress. His opponent was Hon. Joseph H. Outhwaite, who
for ten years had been the representative of the Democratic party in Congress
from that district. Mr. Watson was elected by a handsome majority, being
the first Republican elected to the National House of Representatives from his
district for more than thirty years. In 1896 he was renominated by acclama-
tion, and although the majority in the district against him, by reason of the
fusion of the Populist and Democrat parties, was more than four thousand, he
came within forty-nine votes of being elected. Mr. Watson's course in Con-
gress was one of wise but unqualified support of the great measures of his
party. He is a close and careful student of the great public questions of the
day, thoroughly informed, and a clear and forceful debater. His thorough
legal education and persistent application to his profession have won for him
a reputation as a general practitioner which is not confined to his own State.
He ranks as one of the best orators of the country, and in political campaigns
is in general demand in his own and other States. Mr. Watson is a man of
fine literary tastes and broad culture. He finds especial delight in the field of
history. At the Centennial anniversary of Gallipolis (October, 1890), he deliv-
ered an address on "The Early Judiciary of Ohio," which is one of the most
interesting and valuable articles ever contributed to the legal history of Ohio.
It is published in full in Yol. III. of the Reports of the Ohio Archaeological and
Historical Society. His public life has been conspicuous for strict integrity in
office, while simplicity and purity characterize his private life. In 1873, Mr.
Watson was married to Miss Louise M. Harrison, daughter of Hon. R. A.
Harrison, of Columbus. He has two children — a daughter, Marie, and a son,.
J ames.

J7i£/ Century PuMisltiiig ScEnymvi/iy Co.Chicaya

BENCH AND BAR OF OHIO.

259

THOMAS E. POWELL, Columbus. Thomas E. Powell was born at Dela-
ware, Ohio, on the 20th of February, 1842. His father, Thomas W. Powell,
was a lawyer and for many years a recognized leader at the Delaware Bar.
The latter was born in South Wales, and when a child was brought to this
country by his parents who settled in New York, and was educated in that
State. " Thomas W. Powell removed to Ohio about the time he was admitted
to the Bar. He was in active practice for about forty years and a judge of
the court for some ten years. The mother of Thomas E. Powell, Elizabeth
Gordon, was a native of Ohio and of Scotch ancestry. Her parents settled in
Pennsylvania and afterwards removed to Franklin county, Ohio. Thomas E.
obtained his early education in the common schools of Delaware. At the age
of thirteen he entered the Ohio University and graduated in 1863, at the age
of nineteen. He then enlisted in the Eighty-Fourth Regiment Ohio 'Volunteer
Infantry, and was afterwards transferred to the 145th. In the fall of 1864 he
was mustered out of the service as a lieutenant. He at once entered his
father's office at Delaware and continued the study of law, having commenced
his studies while in the army. In 1865 he was admitted to practice and
formed his first partnership with W. P. Reid. The firm of Reid & Powell
continued twelve years. In 1879, upon the death of Mr. Reid, he associated,
with himself Judge J. S. Gill. The firm of Powell & Gill lasted until Mr,
Powell's removal to Columbus, in 1887. He then became the senior member
of the firm of Powell, Owen, Ricketts & Plack. This firm was dissolved in
1895, and he then formed a co-partnership with T. B. Minahan, under the firm
name of Powell & Minahan. Mr. Powell is a lawyer of recognized ability
and standing in the profession. He is especially quick and a master of legal
procedure, and he is to-day acknowledged to be one of the ablest orators at
the Columbus Bar. His practice has always been of a general character. He
has been identified with much of the important litigation in this part of the
State, always conducting his cases with great skill and remarkable success.
He was counsel against the will of M. Louise Deshler, and counsel in the
Church divorce case. He was counsel for the defense in the noted Inskip
murder case, and, to the great surprise of all who had followed the evidence,
he saved the life of the accused. He has had much to do with the litigation
growing out of the lease of the Hocking Canal, touching the title of the canal
lands and the right of the State to donate lands. Many of the large corpora-
tions in the State have been reorganized under his direction and advice. He
is counsel for the Ohio and Western Coal and Iron Company, Ohio Southern
Railroad Company, and the C. S.. and H. R. R. Company. In 1872 he was a
delegate to the Democratic National Convention which nominated Horace
Greeley, and was a candidate for presidential elector for his district on the
Greeley ticket. In 1875 he received the Democratic nomination for attorney
general on the ticket with Governor William Allen. In 1879 he placed Gen-
eral Thomas Ewing in nomination for governor in the State convention. In
1882 he did the same for James W. Newman. In 1882 he was the Demo-
cratic nominee for Congress in the old Ninth District, and though defeated

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260 BENCH AND BAR OF OHIO.

ran 1,500 ahead of his ticket, carrying his native count} 7 , which no Democratic
congressional candidate has ever done before or since. In 1883 that old
Democratic war horse, Durbin Ward, selected Mr. Powell to present his name
to the State convention. In 1884 he was a delegate to the Democratic
National Convention, and, at the request of Governor George Hoadly, placed
that gentleman's name in nomination for the presidency. He was also a can-
didate for elector at large on the Democratic ticket. In 18S5 he was chair-
man of the State executive committee. In 1887 he was nominated by the
Democrats for governor, and though defeated at the polls he ran about ten
thousand votes ahead of his ticket. In 1888 he placed in nomination at the St.
Louis convention the Honorable Allen G. Thurman for President of the United
States. In 1896 he was at the head of the Democratic presidential electoral
ticket in this State. Mr. Powell has always taken a most active interest in
educational matters. He has been for a number of years one of the trustees
of the Ohio Wesleyan University. He is the professor of medical jurispru-
dence ,in the Ohio Medical College. In 1872 Mr. Powell married Eliza,
daughter of Bishop Thomson, of the Methodist Episcopal Church, and by this
union there have been born six children who are living, four sons and two
daughters. One son Edwald T.. is now a practicing attorney in his father's
office.

JOHN H. DOYLE, Toledo. Honorable John II. Doyle, ex-judge of the
Supreme Court, was born in Perry county, Ohio, April 23, 1843. When three
years of age he was brought by his parents to Toledo, where the father died
in 1852. He was thus left at the age of nine years to the care and training of
his mother, who lived to see the seal of approval on her work by the people of
Ohio. He was educated in the public schools of Toledo, and Dennison Uni-
versity at Granville, where he spent a short time. He began the study of law
with General H. S. Commager, and continued it with Edward Bissell, Jr. On
the twenty-first anniversary of his birth he was admitted to the Bar, and into
partnership with Mr. Bissell. He was well qualified for practice, and thus had
a fair start in his profession at the threshold of manhood. Apt. energetic and
ambitious he made rapid progress. It required only a short time for him to
gain a reputation for the possession of legal knowledge and powers of advo-
cacy unusual in a young man. He was skillful and successful in the manage-
ment of numerous important and difficult cases entrusted to him. Yery early
in his practice he was employed in a case involving the title to one hundred
and sixy acres of land within the corporate limits of the city of Toledo, whose
estimated value was more than a million dollars. He was counsel for the
claimants, who were heirs of a man named Ford, a soldier of the war of 1812,
who was at the time of beginning this action living near Baltimore, Maryland.
The title of Mr. Doyle's clients was contingent upon the legitimacy of a
daughter of Ford, who was born while the latter was a prisoner of war at
Plymouth, England, and alleged to be illegitimate. A considerable portion of

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261

the winter and spring of 1874, and the summer of 1875, was spent in Mary-
land and the District of Columbia by Mr, Doyle, taking testimony in the case,
He was successful in establishing the legitimacy of the child, and the validity
of the title of his clients. It was rather a remarkable triumph for a lawyer of
so little experience in practice, and was illustrative of the keenness and the
energy which have characterized his entire professional life. In 1879 Mr.
Doyle was elected, as a candidate of the Republican party, judge of the Com-
mon Pleas Court for the district embracing the counties of Lucas, Sandusky,
Ottawa, Huron and Erie. The election terminated the partnership between
himself and Mr. Bissell. The Bar of Toledo, without distinction of party,
unanimously endorsed his candidacy. He soon became distinguished on the
Bench of the nisi prius court for his fine discrimination as to the relevancy of
testimony, the acuteness of his perception as to the law and its application, the
dignity with which he presided, and his remarkable faculty for the dispatch of
business. In 1882 he was nominated by the State convention of his party for .
judge of the Supreme Court, but the Republican ticket was defeated by a
majority so large that the several thousand votes cast for him in excess of the
party vote were not sufficient to elect. In February, 1883, Judge Doyle was
appointed by Governor Foster to fill a vacancy on the Supreme Bench caused
by the resignation of Judge Longworth, and served until the next succeeding
election. His intellectual, physical and professional qualifications for appel-
late judicial duties were superb. He possessed natural abilites of a high
order. He was just forty years of age, in the prime of vigorous middle life,
and in full command of his best powers. He was also fresh from the experien-
ces of a trial judge, in which his career had been a continuous and unqualified
triumph. His record on the Supreme Bench was short, but unexceptionable.
At the convention of 1883 the Republicans again nominated him for the full
term, but the party was defeated that year. The game of battledoor and shut-
tlecock in Ohio politics relieved him of further judicial service when the ver-
dict of the November election was recorded. Judge Doyle then resumed
practice in Toledo, and has continued to the present time. He is the senior mem-
ber of one of the strongest firms in Lucas county. His ample resources derived
from profound study and varied experience, and reinforced by habits of indus-
try, good health and physical powers, make him powerful at the Bar. Both
as a jurist and a practitioner he occupies the front rank in the profession of his
State. Judge Doyle is quick, active and earnest in his work. He has a vast
supply of nervous energy, and prodigious capacity for endurance. He has long
been not only an active but also an advisory member of the Republican party.
He is identified in belief and active relations with Christianity, and has for
thirty years been a member of the First Congregational Church of Toledo.
He has, in spite of an immense law practice, found some time for the study of
literature, and connection with such educational work as tends to improve the
minds and cultivate the society in his city. He was one of the organizers of
the Toledo Library Association, now the Free Library of Toledo, and was
chairman of the lecture committee for six years. In 1865 he assisted in organ-

262

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izing the Northwestern Lecture Bureau at Chicago, and served as its secretary
for several years. Judge Doyle was commissioned a lieutenant in the Sixty-
Seventh Regiment Ohio Yolunteers during the war, but was prevented from
accepting the commission by a severe and protracted illness. At the time of
this appointment he was but eighteen years of age. In 1886 he was appointed
by Governor Foraker one of the trustees of the Toledo Asjdum for the Insane.
Judge Doyle was married October 6, 1868, to Miss Alice Fuller Skinner,
daughter of Dr. S. W. Skinner, formerly of Windsor, Connecticut, who is a
descendant of the Wolcott and Ellsworth families, of which Chief Justice
Ellsworth and Governor Wolcott were members. Three daughters born of
this marriage are Elizabeth Wolcott, Grace Alice and Hellen Genevieve.
Judge Doyle is a very courteous gentleman, whose popularity has fairly been
won by his genial disposition, kindness of heart, high moral character and
estimable social traits.

MANNING F. FORCE, Sandusky. General Manning F. Force was born at
Washington, District of Columbia, December 17, 1824. His paternal ancestors
were French Hugenots. His grandfather, William Force, was a soldier in
the Revolutionary army. His father, Peter Force, a native of New Jersey,
was the well-known compiler of the " American Archives,' 1 in the preparation
of which he gathered the most complete collection of books and phamphlets
upon American history ever made (except that of the British Museum), which
was purchased for the Congressional Library a few months before his death,
January 23, 1868. Manning prepared himself for West Point, at Alexandria,
Virginia, but changing his purpose entered Harvard University ; was gradu-
ated from the college in 1845 and from the law school in 1848. In January,
1849, he w T ent to Cincinnati, and studied law for one year in the office of
Walker & Kebler. In Januarj", 1850, he was admitted to the Bar; afterward
became one of the firm of Walker, Kebler & Force; remained in partnership
with Mr. Kebler after the death of Judge Walker, until the commencement of
the war of the Rebellion. He then entered the army as major and w T as soon
promoted to lieutenant colonel of the Twentieth Ohio Volunteers ; and, having
taken part in the capture of Fort Donelson and the battle of Pittsburg Land-
ing, was soon after promoted to its colonelcy. Colonel Force was active in the
advance to Corinth, and in the movements connected with the battles of Iuke
and the Hatchie, or Pocahontas. He was engaged the entire day in Colonel
Leggett's desperate fight near Bolivar. In the advance on to Vicksburg he was
hotly engaged in the battles of Raymond and Champion Hills, and participated
in those of Port Gibson and Jackson. During the siege of Vicksburg his reg-
iment was taken from the trenches and sent with General Blair's expedition
up the Yazoo. On his return in June, 1863, he was placed in command of the
Second brigade, Third division, Seventeenth corps, which was detached to
form a part of General Sherman's army, watching the movements of General
Johnson. After the capture of Jackson by General Sherman, General Force re-

BENCH AND BAR OF OHIO.

263

ceived the Seventeenth corps gold medal of honor, by award of a board of offi-
cers. In the latter part of August he was in General Stevenson's expedition
to Monroe, Louisiana, on returning from which he received his appointment
as brigadier general, and in October took part in General McPherson's demon-
stration toward Canton. On November 15th, he was transferred to the com-
mand of the First brigade, and was, during the winter, in command of the
outpost at the crossing of the Big Black. In February, 1864, General Force
went with General Sherman to Meridian. On the 1th the Seventeenth corps
advanced, skirmishing eleven miles when the enemy gave way, and General
Force's brigade, volunteering to push on, entered Jackson in the night. On
the 14th General Force's brigade, detached to destroy the railroad bridge at
Chunkey, came upon the rear of two brigades of cavalry, Stark's and Wirt
Adams's, charged into their camp, drove them across the river, destroyed the
bridge, and rejoined the army at Meridian, after an absence of two days.
When the Seventeenth corps returned from veteran furlough and found Gen-
eral Sherman at Ackworth, Georgia, Force's brigade formed the extreme left
of Sherman's army. In June, Leggett's division, including Force's brigade,
carried and occupied Bushy Mountain at the foot of Kenesaw. On July 3rd
his brigade constituted the extreme right flank of the army. On the 4th
General McPherson directed General Blair to have General Leggett send
General Force with two regiments to beat up a cavalry camp understood to
be somewhere in front, and to find a certain crossing on Nicajack creek. He
drove the cavalry from their camp and across the creek, and in pursuance of
additional orders penetrated to the main line of the enemy, and remained
there almost surrounded, till recalled in the night. The army having crossed
the Chattahoochee, he was again transferred to the extreme left flank, on the
14th, and on the 21st his brigade attacked and carried a fortified hill in full
view of Atlanta, defended by General Cleburne's division. In the terrible
battle next day, when General Hood endeavored in vain to recapture this hill,
General Force was shot through the upper portion of his face ; was supposed
to be mortally wounded, and sent home. He was able, however, on October
22nd, to report for duty to General Sherman at Galesville, Alabama, where
the latter had paused in his pursuit of General Hood. General Force was
brevetted major-general for " especial gallantry before Atlanta," and subse-
quently received the congressional medal of honor. He commanded his bri-
gade on the march from Atlanta to Savannah and commanded the Third
division across South Carolina. He forced the crossing at Orangeburg, and
was promoted at Goldsborough to command the First division Seventeenth
corps. While General Force had but four staff officers, besides a quarter-
master, in the seven months from June, 1864, to January 1865, three of his
staff were killed in the field, one mortally wounded, one taken prisoner, and
two sent to the hospital broken down with exhaustion. After the general
muster out of the army of the Tennessee, in the summer of 1865, General
Force was appointed to the command of a district of Mississippi, where he

264

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was mustered out in January, 1866. Upon returning to Cincinnati he was
appointed colonel of the Thirty-second regular infantry, but declined. Of
General Force's record as a soldier it ma}^ be said that he was at the front
during the whole war, that he lost neither a cannon noracaisson nor a wagon,
and his command, though always in the extreme front, was never taken by
surprise, and never gave way under fire. Having resumed the practice of his
profession in Cincinnati, he was elected in the fall of 1866 a judge of the Court
of Common Pleas, and at the expiration of his term in 1871, was re-elected.
In the autumn of 1876 he was nominated for Congress on the Republican
ticket, but being on the Bench took no part in the canvass. He was defeated
by a majority of nearly seven hundred by Milton Sayler, an able and popular
member of Congress, who had previously been elected by majorities of three
and four thousand. In the spring of 1877 Judge Force was elected judge of
the Superior Court of Cincinnati, and in April, 1882, was re-elected without
opposition, being unanimously nominated by the conventions of both political
parties. ' He was able, patient, industrious and impartial ; a diligent student of
the older law as well as of later decisions ; adept in hearing jury trials. He
disposed of many important cases and some new questions and was seldom
reversed by the Supreme Court. Both the Common Pleas and the Superior
Court being vested by law with authority to appoint trustees of many public
institutions, he always insisted on the appointment of the best men who could
be found. But when the legislature required the Superior Court of Cincinnati
to appoint a large portion of the municipal government of Cincinnati, he con-
curred with the other judges in holding that was not a judicial function and
in declining to make such appointment. He was for twelve years professor of
equity and criminal law in the Cincinnati Law College, and for twenty years
president of the Historical and Philosophical Society of Ohio. He is fellow
of the American Academy of Arts and Sciences, member of the Archaeological
Institute of America, American Historical Association, Anthropological Society
of Washington, National Geographic Society, Historical and Philosophical
Society of Ohio, and Ohio State Archaeological and Historical Society ;
and corresponding member of Real Academia de la Historia, Madrid, and
of the Historical Societies of Massachusetts, Virginia, Wisconsin, Buffalo
and Western Reserve. He wrote notes to two editions of Walker's
American Law, and two editions of Harrison's Criminal Law; "From Fort
Henry to Corinth" and pamphlets, " Pre-Historic Man," "Darwinism
and Deity," "The Mound Builders," "Observations on the Letters of Amer-
igo Vespucci," "Early Notices of Indians in Ohio," "To What Race
Did the Mound Builders Belong," "Scholar and Man." "Marching Across
the Carolinas," "Personal Reminiscences of the Vicksburg Campaign,"
"Address Before the Historical and Philosophical Society of Ohio," "Bio-
graphical Sketches of Justice John McLean and General John Pope.
The State of his health compelled him to give up judicial work in
January, 1887, and to decline re-election. His health being partially

BENCH AND BAR OF OHIO.

265

restored, he resumed the practice of his profession for a short time, but as open
air work was necessary for him, he accepted the appointment as commandant
of the Ohio Soldiers' and Sailors' Home at Sandusky, which was tendered him
by Governor Foraker, on the opening of that institution in 1888. He is still
serving the State in that position. He married Frances Dabney Horton,
of Pomeroy, Ohio, May 13, 1874, and has one son. Judge Force is a gentle-
man of deep and wide culture, a lawyer of great ability; a judge of acute
discriminating quality of mind, and a man in whom all the gentler traits pre-
dominate. The fiber of his intellect is fine and its texture strong; his nature
is compassionate, and his human sympathy easily touched. Kindness, court-
esy, gentleness and sincerity characterize his social intercourse.

ASAHEL W. JONES, Youngstown. Honorable Asahel Wellington Jones
was born September 8, 1838, at Johnstonville, Trumbull county, Ohio. The
earliest record of the family in America is at Barkhamstead, Connecticut,
when Benjamin Jones, of Welsh origin, and probably the founder of the
family in this country, moved there from Enfield in the same colony in 1635.
His grandson, Captain Isreal Jones, also moved from Enfield and became the
second settler in the township of which Barkhamstead is the center. The latter
established his home in East Mountain and his farm still remains the property
of his descendants. His son, William C. Jones, a veteran of the Revolution,
conspicuous in the battles of Bunker Hill and Saratoga, emigrated with his son
William to Herkimer county, New York, and thence to Hartford, Ohio, in 1802.
William was the father of William P. Jones, who was the father of our sub-
ject and a native of Hartford, Ohio, born July 11,1814. William P. Jones
married Mary J. Bond who was born at Avon Springs, New York, February
26, 1816 and came to Hartford, Ohio, in 1833. She died at Youngstown in
March, 1882, leaving only one child, Asahel W. Jones. He was born and
raised on a small farm, and in 1849 removed with his father's family to Farm-
ington, Trumbull county, and there he attended the common school, after-
wards taking an academic course at the Western Reserve Academy at Farm-
ington. In those days he went through the routine that so many of our promi-
nent men have experienced — worked on the farm in summer and attended
school during the fall and winter months. This continued until the spring of
1857, when he commenced reading. law with Curtis & Smith, of Warren, and
was admitted to the Bar September 27, 1859. He practiced alone there until
1861, when the oil excitement broke out at Mecca, when he at once opened an
office there, which he continued until July 5, 1864. He then removed to
Youngstown, where he has remained. He was the first in this section of the
country to make a strong move for the protection of the public and the labor-
ing classes by instituting suits for damages against railroads and large corpo-
rations for personal injury. In one year he recovered judgments aggregating
$100,000, and by his vigorous action gave large employers and transportation

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companies an object lesson in the necessity of exercising- care and vigilance in
the protection of their employes and the public. His practice has been con-
fined almost en tirely to civil cases. He does not like criminal practice, and
for the past twenty years has absolutely declined to appear in criminal trials.
He is an authority on corporation law, and although at the commencement of
his career he was in a position somewhat antagonistic to corporations, he has
since become a great corporation counsel. His advice is always based upon a
full consideration of the public welfare and interests. He considers that it is
the duty of corporations to give due weight and thought to the public good,
and is not content to confine action to the narrow ground of the public rights.
He advocates a fair and honest policy in all matters affecting the people. For
the past twenty years he has been general counsel for the Pittsburg and West-
ern Railroad, attorney for the Penns\ 7 lvania Railroad Company and for the
Baltimore and Ohio Railroad. He has been conspicuous in the reorganization
of many smaller railroad corporations, among others the Pittsburg, Akron
and Western Railroad. It has become a fixed principle with him to keep his
clients out of court if possible, and no matter if it is a large corporation or an
individual client he is equally earnest in bringing about a settlement and
avoiding litigation if it can be accomplished with equity and justice. He is
broad-minded and of an equable temperament. After exhausting every effort to
settle outside of court he assumes a very different attitude, becomes firm,
determined and aggressive. The kid glove is exchanged for the mailed hand,
and the opposing parties find their vigilance and legal acumen tested to the
utmost. He possesses all the qualities that make up a great lawyer ; is indus-
trious and cautious, a sound reasoner and thinker and a gifted advocate. In
politics he is a Republican. It is his conviction that the tenets of that party
comprise the essence of sound government and the highest moral principles.
He is thoroughly consistent in his life, words and actions, and although a
strong partisan there is no bitterness in his political attitude. He has never
sought or desired office, but in 1895, in the Republican convention at Zanes-
ville, he was unanimously chosen for lieutenant governor of Ohio, and although
he protested most emphatically he was induced by his numerous friends to
accept the nomination, and was afterwards elected by a large majority.
Probably one of the most powerful influences that determined him ultimately
to accept this nomination was his great esteem for Governor Bushnell, who
headed the ticket. They had been warm personal friends since the time they
were both members of Governor Foraker's staff, when Governor Jones was
judge advocate general of the State. He is very close to the hearts of the
people of Ohio, and is universally esteemed for his sincerity, integrity and
courage. He was the principal factor in the organization of the Second
National Bank of Youngstown, in which institution he is a director and large
stockholder. Another important enterprise that was suggested and brought
into being by his energy is the Dollar Savings and Trust Company of Youngs-
town, in which he is also a director. Outside of law, business and politics, his
recreation is a magnificent model farm of six hundred acres, within easy dist-

BENCH AND BAR OF OHIO.

267

ance of the city, which is perfectly equipped with buildings and implements,
and in addition is stocked with a superb herd of short-horn cattle and Oxford
sheep. A few years ago he found it advisable to discontinue the breeding of
sheep, but under the present more favorable auspices has resumed. His cattle
are famous throughout the country, and although he has lavished large sums
of money upon the breeding of cattle and in perfecting the farm, it has been
done with judgment and sagacity, and instead of being an expensive luxury
it has not proved unprofitable. An eminent member of the Ohio Bar who
has been closely associated with Governor Jones for more than twenty years,
and who speaks of him from intimate personal knowledge, writes as follows:

" Nature has been generous to Mr. Jones. She bestowed upon him a
magnificent presence. He is large and commanding in person; his features
are strong and impressive. He is well known in every part of the State ; for
once seen, no one would torget him. His mind operates with quickness and
precision, taking in and holding a broad view upon all subjects. He has
a natural talent for investigation, and whatever he undertakes to investigate it
seems impossible for him to stop until he has gone over the entire field. He
is a great reader on all subjects, particularly history and biography, and for
the last thirty years has been a great student upon a variety of subjects. One
peculiarity of his mind is that he possesses a wonderful memory. Having
chosen the law early in his life, with his wonderful ability to investigate, it is
not at all surprising that in this field he is best known, and to which he has
devoted most of his great abilities. In a very short time he showed great
ability in the handling of large and important causes, and he has always been
remarkably successful in the outcome of causes in which he took special
interest. Once enlisted in a case there is no labor too great for him to
perform that seemed necessary to bring it to a successful termination. He
does not always rise to his full capacity in an argument of a cause, either
to the court or jury, but when he does it is little short of terrific. His great
common sense and his quickness to discern the strong points in his own case,
and the weak points in his adversary's, has rarely been excelled, and equalled
by but few lawyers in this country. When investigating a legal proposition
it is his habit to put himself as near as possible in the position of a judge, and
he has a remarkable felicity in disrobing himself of all partisan interest, and
when he arrives at a conclusion his presentation of the same becomes a pro-
found thesis upon that branch of the law. In politics Mr. Jones has always
been a Republican of the staunchest sort, and has always found some time to
devote to furthering the interests of the party. For one period of twenty
years the writer has known him never to miss attending a State convention of
the party in Ohio. He was never a candidate but once before his nomination
for lieutenant governor, and that was when he was a candidate for governor,
at which he would in all probability have been nominated, but for the fact that
there was a general call for the nomination of Senator Foraker for a third
term. His great, rugged common sense and ideas of justness and propriety in
politics have often led him to express himself in a way which the ordinary
politician would pronounce as impolitic, but once committed to a cause he had
always the courage of his convictions. He believes that politics should be
conducted as squarely and honestly as any business transaction. In a division
of the honors of the party, he lias eminently preferred others to himself, and
the convention over, always found him devoting all the time at his command
to the success of the ticket. As a campaign speaker he has been much sought
for, and there is scarcely any corner of the State that has not heard him, and

268

BENCH AND BAR OF OHIO.

where once heard he is always again a welcome visitor. On all political
questions he has been a most thorough investigator. Government has been
his nmst favored theme of investigation. All forms of government, and
the weakness and strength of each, have been well considered by him,
and few are so well equipped to sustain ideas of government and govern-
mental policy as he. He is not a mere politician. He brings to his ideas
of statesmanship the history of all governments of the past. His study of
governments has been not as a politician but as a statesman."

In his domestic relations Mr. Jones has been most happy. On September
24, 1861, he was married to Miss Jeanette Palmer, whom he met while
attending the same seminary. There were born to them two children,
a daughter and a son, the latter having died just after having arrived at
the age of twenty-three. His daughter is the wife of Professor Robert King,
of Wabash College, and inherits, in a great degree, the ability of her father.
Mr. Jones is of a genial and kind disposition, as his hosts of friends all over
the State are glad to acknowledge. Every position of trust which was ever
committed to him has been performed with the utmost fidelity. One of the
cardinal virtues of the life of Mr. Jones has been that whenever he made a
promise it was willingly fulfilled.

DAVID M. "WILSON, Youngstown. The late David M. Wilson was born
in 1823, in Medina county, Ohio. He was educated in the schools of his native
county, studied law there, and was admitted to the Bar in 1844. He continued
to reside and practice his profession in Medina until 1862, when he removed to
Canfield, the county seat of Mahoning county, and afterwards to Youngstown
when the county seat was removed there. Here he established himself in the
practice of the law and from the commencement, aided by his ability, exper-
ience and success elsewhere, took a conspicuous place among the leaders of the
profession. Northeastern Ohio has produced some of the most profound stu-
dents and most eloquent exponents of the law that are to be found in the his-
tory of the State, and it is amongst these that the Honorable D. M. Wilson
belonged and won his place at the Bar. He was strong as a man and as a
lawyer, holding high rank with very able contemporaries. He was a brilliant
advocate, deep thinker, and was gifted with a clear judicial mind, a penetra-
tive and incisive wit and an intelligent grasp that has rarely been' excelled.
He was a forcible, vigorous and convincing speaker, and whether the subject
was a case on trial or the principles of apolitical party, his hearers were-
equally impressed with his complete knowledge of the subject and his evident
sincerity of expression. He was deeply earnest in all he undertook. His man-
ner was winning and cordial and made for him hosts of friends. A strong
Democrat, residing in an overwhelmingly Republican district, he was nomi-
nated by his party for attorney general of the State in 1863, and in 1874 as
candidate for representative in Congress, and by his. personal popularity
effected a change of more than thirty-five hundred votes. He was one of the

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269

most active and prominent members of the Constitutional convention of 1873?
where he gave valuable aid to every suggestion that he believed to be for the
best interest of the State. President McKinley at one time studied law in the
office of Mr. Wilson, and the acquaintance thus formed ripened into esteem and
friendship that was only terminated by his death. The late President Gar-
field was another intimate friend, and so close were their relations that a law
partnership was at one time under serious contemplation by them. Some of the
personal letters of Mr. Garfield submitted to the editor evidence very clearly the
confidence and the intimacy existing between the two friends. In one of them,
dated January 27, 1874, the writer, doubtless for the first time, expressed the
beautiful sentiment given to the public, with a variation of language, six years
later in his speech accepting the high office of United States Senator as the
successor of Judge Thurman : " On the vines that grow over the walls of
party politics are found the sweetest flowers that bloom in the garden of
friendship/' (The later rendering is quoted in Judge Thurman's sketch in
Yol. I of this work.) Mr. Wilson died February 11, 1882. He was married
in 1871 to Miss Griselda E. Campbell, daughter of Thomas Campbell, of Old
Town, Trumbull county. They had one son, Francis Service Wilson, who is
now a prominent member of the legal profession in Chicago. The widow also
resides in Chicago. She is an earnest, devout member of the Presbyterian
Church, to which she has always given her faithful support and adherence.
During the last five years of his life Honorable D. M. Wilson was associated
in practice with his nephew, James P. Wilson, of Youngstown.

JAMES P. WILSON, Youngstown. J. P. Wilson was born in Lyons, Iowa,
February 6, 1857. His parents were James T. and Harriet (Hawes) Wilson,
both of them natives of Ohio. The father was admitted to the Bar in Cuya-
hoga county in 1850 and practiced law at Cleveland five years. Subsequently
he became engaged in manufacturing and mercantile pursuits in Lyons, Iowa,
afterwards returning to Cleveland, where he died in 1887, at the age of fifty-
eight. While in Lyons he was mayor of the place, and afterwards held several
important elective positions in the municipality of Cleveland. He left three
sons, James P. being the only one who has followed the legal profession. The
widow still resides in Cleveland, where she has been prominently identified
with some of the more important charitable movements of that city. She is a
broad-minded, religious woman of great moral worth, exceedingly liberal and
emphatic in her religious views and most highly esteemed by all who enjoy
the privilege of her acquaintance. James P. Wilson received his earl^y educa-
tion in the public schools of Cleveland, graduating from the central high
school in 1875. He then studied law for a year with Rufus P. Ranney and after-
wards took a course at Columbia, and a two years' course at the Law School of
Columbia College in New York City. He was admitted to the New York
Bar in 1878, and to the Bar of Ohio in the same year. He immediately

270 BENCH AND BAR OF OHIO,

entered upon the practice of law at Youngstown, becoming associated with
his uncle, Honorable David M. Wilson, which partnership continued until the
death of his uncle in 1882. He then associated himself with ex-mayor W. J.
Lawsher in a partnership which terminated in 1895. He has since prac-
ticed alone. Mr. Wilson is a lover of the profession of the law. He is a wide
reader and an earnest student both of the law and of literature of the better
sort, and possesses the necessary industry and keen analysis that enable him
to acquire full acquaintance with all questions of fact and every point of law
applying to the same. He is never satisfied with less than an exhaustive
examination of details. As a consequence he is always thoroughly prepared.
In handling his cases in court he is equally patient. He is conspicuous through-
out a trial in which he is engaged for his quiet, earnest attention. Nothing
escapes his observation and he is quick and ready to avail himself of the
slightest opportunity to make a point. As an advocate he is earnest, clear
and logical; he never wearies the court or the jury, and displays great tact
in emphasizing his strong points without unduly dwelling upon them or reiter-
ating them. His more pronounced success has been gained in the higher
courts of Ohio. He has given especial attention to the laws affecting railroad
corporations and has represented the Pittsburg and Lake Erie Railroad in
Ohio for the past eight years. During this period many important questions
have arisen in which his intimate knowledge on the points involved have been
of invaluable service. He has in writing an easy, graceful, literary style and
has done not a little creditable work with the pen in essays, briefs and as col-
laborateur in a number of successful plays. In 1896 he presented a paper
before the Ohio State Bar Association, which was very favorably received. In
politics he is a Democrat, but has no political aspirations. He is consistent in
his principles and earnest in advocating them. His devotion to the law pre-
cludes his entering into politics. He feels that his profession is exacting and
that its highest awards are not won by anj^thing less than complete devotion-
He was married in 1887 to Miss Frances E. Patton, daughter of Thomas Patton,
of Newark, Ohio, the former editor and proprietor of the Youngstown Vindi-
cator. They have three children, Richard Hartley, named for his maternal
great-grandfather, the ex-governor and ex-senator, who afterwards became
judge of the Supreme Court of Ohio; James Taylor and Harold Leslie.

LOUIS W. KING, Youngstown. Honorable Louis W. King was born Novem-
'ber 24, 1851, at Unity, Columbiana county, Ohio. The family are descended
from Scotch-Irish ancestry. In 1805 his grandfather settled in Ohio. His
mothers family came from Baden Baden, Germany, although she was born in
Ohio. His father was and still is a farmer on a very large scale in Columbiana
county, and has achieved a wide renown and popularity as a breeder of thor-
oughbred horses. His name is familiar to all lovers of fine horses throughout
the United States, among whom he is highly regarded as a man of high busi-

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271

ness principles and sterling integrit} 7 . His son, Louis W. King, was born on
the farm, and secured his earlier education in the public schools, after which
for three years he attended the academy at New Lisbon. At the time there
resided in his neighborhood a teacher of German nationality, Andrew Harter,
a man of profound learning, a scholar and a tutor of wide experience. He
was under considerable personal obligations to the father of our subject, and
being honorable and sensitive and entertaining a strong affection for both
father and son, he took deep interest in the education of the young man.
Indeed, he became private tutor to the boy, and it was his ambition to impart
to him the knowledge he had acquired in a life of study and teaching. He
was untiring in his efforts, and his pupil made rapid progress under his instruc-
tion. When Louis was sixteen years old he attended an examination of appli-
cants to teach in the public school, and not only secured his teacher's certificate
but obtained the grade of one hundred in every branch of study. His old
tutor expressed no surprise, simply remarking that £i the boy knew more on
every subject than the examiners." Upon the completion of his education he
taught in the public schools four years, giving instruction to the high school
classes. He then spent a year with his brother, a physician, in the study of
medicine, acquiring a thorough acquaintance with physiology, anatomy and
the nervous system. He then devoted himself to the study of the law which
had long been his purpose. In 1874 he began reading in the office of W". T.
Anderson and Judge Van Hyning at Cunfield, and was admitted to the Bar
in March, 1876. Whilst studying law he was deputy clerk of Mahoning
County Court, and continued to hold the office until February, 1877. He then
formed a partnership with W. S. Anderson, which lasted until February, 1882.
In the fall of 1881 he had been nominated on the Kepublican ticket as judge
of the Probate Court, was elected, and took his seat on the Bench in February,
1882. In 1881: he was re-elected, serving six years, and retiring in 1888. He
then formed a law partnership with John E. Mc Vey, which continued until
1891, when H. M. Robinson was taken into the firm. Their practice is to a
large extent corporation business. They represent all the electric street rail-
roads of the Mahoning Yalley, Mineral Ridge and Youngstown companies, as
well as a large number of the manufacturing corporations in Youngstown.
These corporations and the railroad companies are the constant mark for vex-
atious damage suits, which form a goodly proportion of the court trials in
Mahoning county, and more than half of them are defended b\ T the law firm of
which Judge King is the senior partner. One of the highest officials in what is
probably the most important manufacturing corporation in Youngstown in
speaking of him said :

" Judge King possesses a remarkable faculty for handling bodies of men

legislative assemblies, city councils, etc. His methods are invariably straio-ht-
forward and honorable; he never uses money, but attains his ends on strictly
legitimate business principles. In preparing for the construction of our works
it was necessary to secure the consent of the city to the vacating of streets and
highways, and such matters as often lead to contentions, and not infrequentlv
assume such magnitude as to become impediments to the locating of large

272

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enterprises. In our case this was avoided by the skill and tact with which
Judge King handled the details of every measure and action. I consider him
a very able man, and one of the most prominent trial lawyers in northern
Ohio. He is an orator, a forceful speaker either in a court of law or at a polit-
ical convention. He can always secure the attention of an audience. I have
known him to quiet a noisy convention with apparent ease, when others of far
greater public fame had utterly failed to make themselves heard. If he ever
permits the people to send him to Congress he will make a conspicuous mem-
ber of the Ohio delegation. He is as learned in the law as he is eloquent in
expounding it, and he is equally sagacious and safe in his advice and counsel. 1 '

In politics Judge King has always been a strong Republican, and has
made from twenty to fifty speeches in each State campaign since he was
rwenty years old. He has been twice chairman of the Republican State cen-
tral committee, and has served for six or seven years as an active member of
the State executive committee. In 1892 he was a candidate for Congress
before the district convention, and has since then been pressed by the strongest
element in his party to accept the congressional nomination, but has declined.
He has always been devoted to the law, and the demands upon by his exten-
sive practice have compelled him to withhold his consent. It is, however,
quite within the probabilities that his strong partisan zeal will yet lead him
into public life.

ROBERT B. MURRAY, Youngstown. Robert Barclay Murray was born
March 6, 1843, at Youngstown, Ohio. The family are of Scotch-Irish descent,
and emigrated to this country in the colonial days, those on the father's side
settling in New England, and those on the mother's side in Yirginia. The
New England branch of the family were in the Revolutionar}' War, and were
conspicuous for their loyalt} 7 and courage, bearing their full share of its pri-
vations, responsibilities and dangers. In the early part of this century the
father of our subject moved from New England to New York, and in 1816
moved from New York to Ashtabula county, Ohio, eventually settling in
Youngstown. Here he established himself in business, and was married, and
here his son was born and received his early education. He acquired the rudi-
ments of his education in the public schools, then attended the Allegheny Col-
lege, at Meadville, Pennsylvania, and still later studied law at the Law School of
the University of Michigan. He returned to Youngstown where he commenced
teaching school, shortly afterwards accepting the position of principal of the
public schools at Mercer, Pennsylvania, still later, upon his graduating at Alle-
gheny College, in 1867, taking charge of the Academy at Meadville, as prin-
cipal. During these years he was a devoted student of both law and medicine.
In the latter science, anatomy, physiology, nervous diseases and even dissection
interested him keenly, and his experiments in these lines were endless and his
researches deep. His labor was well rewarded, for he acquired a profound
knowledge of these subjects, which has proved of inestimable value in later
life. The law was, however, his chosen profession, and the acquirement of

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273

other knowledge was always with a view to its practical bearings in the prac-
tice of the law. He was admitted to the Bar in 1868, and at once commenced
work alone. In 1870, he entered into a partnership with Honorable A. W.
Jones, which became one of the strongest law firms in northeastern Ohio.
After a continuance of sixteen years, this partnership was dissolved by mutual
consent, each member retaining the regard, esteem and good will of the other ;
indeed their social and political relations are of the most intimate character.
Mr. Murray has never formed any other partnership, but has continued in
practice alone. He possesses a wonderful capacity in all matters of law per-
taining to real estate, and to personal injury cases. In the latter he has prob-
ably done more than any other individual to impress upon the corporations
operating in this part of the State the necessity of adopting all means at their
command to insure the safety of employes and the public and to awaken
them to the responsibilities they incur by any negligence or inattention. His
great ability and profound knowledge of real estate law were demonstrated in
the well-known case of the Pittsburg, Shenango & Allegheny Railroad, which
was a foreclosure case for the bondholders. A number of prominent individ-
uals and great financial institutions were holders of second mortgage bonds
when the holders of the first mortgage bonds attempted the foreclosure. They
were holding the second mortgage bonds as collateral security for money
advanced, and were dismayed to find that they would be rendered valueless by
the sale of the road under the first mortgage bonds, and that they could exer-
cise no influence at the reorganization. Under these circumstances they placed
the matter in the hands of Mr. Murray for the purpose, as one of them
expressed it, "not with a hope of saving anything, we know we have lost the
money, but to find out how it has been done." Mr. Murray undertook the
task and entered upon it with that quiet diligence and persistence that is so
characteristic of the man. He caused the abandonment of foreclosure pro-
ceedings, and as representing his clients he became a member of the reorgan-
ization committee, and in the courts and in committee for five }^ears he contested
point by point, and step by step, until he had secured a full and complete
recognition of the interests he represented. He had conducted this remark-
able contest with such consummate skill and ability that at its close the com-
mittee appointed him chairman of the sub-committee that should pass upon
the securities, which amounted to some six millions of dollars. His tact,
sagacity, skill and knowledge of the numerous points of law involved were
recognized and commended by all parties, and won for him the respect and
confidence even of the men whom he had opposed. As a lawyer Mr. Murray is
exceedingly cautious and more than industrious. He prepares every important
case upon a written brief which is kept on file in his office, the various clauses
of which contain specific answers covering every point that his mind can sug-
gest, and the authorities bearing upon such points. He is thorough and method-
ical in all his habits and arrangements. In preparing his case he goes to
work with the greatest deliberation, and exhausts every detail of evidence,
getting its exact and definite bearing upon the case. He eliminates all rubbish

274

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surrounding the essential points and brings out his facts with force and dis-
tinctness. In handling his case in court, the same pronounced characteristics
of decision, determination and confidence are always distinctly in evidence.
He is clear, logical and strong, and it is apparent to every hearer that he is in
full possession of eve^ detail of his case. He might not be considered elo-
quent, but he is impressive ; the quietness of sincerity and a deep earnestness
pervade his utterances. It is difficult to say if he carries greater weight with
the court or the jury. His polished style and scholarly attainments insure the
respectful attention of the court, whilst his earnestness, confidence and evident
acquaintance with all the facts are equally impressive with the jury. In the
examination and cross-examination of witnesses he is especially strong, and it
is here, in the case of expert medical testimony, that his intimate knowledge
of physiology and kindred sciences has proved of great value. This is particu-
larly the case where damages for personal injury are sought, as in such suits
the medical testimony offered is usually of their own physicians in behalf of
the defendant. It has been no uncommon thing for Mr. Murray to expose the
weakness and fallacies of the testimony by a scientifically technical cross-
examination, which frequently forces from the unwilling witness admissions
and evidence that help the cause he was seeking to damage. Mr. Murray has
a striking personality. His face indicates power and intellectuality. In man-
ner he is reserved, unassuming and thoughtful. A man of the highest integ-
rity, of a genial, cordial nature, charitable in all things, he has made hosts of
friends who are strongly bound to him. In politics he is a Republican, and
while not a politician he is quite prominent in his political views, and gives all
the assistance to his party that he can consistently with the heavy demands
made upon him by his professional duties. He married, on December 28, L872,
Miss Sophia Bond, of Geneseo, New York, who died in 1885. On June 30,
1897, he was married to Miss Weltha Darby, of Meadville, Pennsylvania. Mrs.
Murray is a lady of exquisite taste and culture. Her delight is in artistic sur-
roundings. She derives constant pleasure from the cultivation of her genius
for painting both in oils and water colors. She is also an excellent musician.
She is endowed with a charming personality, refined and accomplished, and is
a great social favorite.

CHARLES P. WICKHAM, Norwalk. Charles Preston Wickham, judge of
the Common Pleas Court, was born in Nor walk September 15, 1836, and has
kept his residence there continuously to the present time. His father, Frederick
Wickham, who was for a number of years editor and publisher of a newspa-
per at Norwalk, is a native of New York State and his ancestors were among
the early English settlers of New England. His mother is Eliza B. Preston,
born in New Hampshire and also of English descent. Mr. Wickham's educa-
tion was in the Norwalk Academy and his father's printing office until he was
eighteen years of age. He then devoted all his time for two years to news-
paper work. In 1856 he entered the Cincinnati Law School and graduated in

BENCH AND BAR OF OHIO.

275-

1858. Returning to Norwalk he was admitted to the Bar, at once commenced
practice and remained alone until 1877. From 1867 to 1871 he was prosecut-
ing attorney. His first partnership was with the Honorable Samuel A. Wild-
man, now judge of the Court of Common Pleas. This partnership continued
until the spring of 1881, when he was elected judge of the Common Pleas.
He served on the Bench until 1886, when he resigned to become a candidate
for Congress. He was elected that year and re-elected two years later, serv-
ing as a member of the Fiftieth and Fifty-first Congresses. At the expiration
of his second term he resumed practice in partnership with his son, Louis W„
Wickham, at Norwalk, which partnership is in existence at this time. On the
1st of January, 1897, he established an office in Sandusky, forming a partner-
ship with W. E. Guerin, Jr., the firm now being Wickham, Guerin & French.
His practice is general in its character and is most extensive in scope, embrac-
ing all the courts and reaching into all the counties of northern Ohio. He is
engaged on one side or the other of many of the leading cases that have been
tried in this part of the State. Mr. Wickham is a lawyer of great force and
possesses marked ability. As a trial lawyer he occupied first rank in his pro-
fession. Gentle and kind in his nature, honorable in his dealings, he is greatly
beloved by his friends and enjoys the respect and confidence of the profession,
as well as the people of his native town and county. In September, 1861, he
enlisted as a private in the Fifty-fifth Ohio Volunteer Infantry and was mus-
tered out of service in 1865, at the close of the civil war, as lieutenant-colonel
of the same regiment. For a time he was attached to the Army of the Poto-
mac and was engaged in many of its most heated battles. He was afterwards
with the Army of the Cumberland, and later with Sherman in Georgia, and
with him also in his march to the sea and northward in the Carolina cam-
paigns. While major he was brevetted lieutenant colonel by President Lin-
coln, his commission reading " For gallant and meritorious service in the
Carolinas." In 1860 Judge Wickham married Emma J. Wildman, a sister of
Judge Wildman, his old law partner, and by this union nine children have
been born, six of whom are living — four sons and two daughters.

JOSEPH R. JOHNSTON, Youngstown. Honorable Joseph R. Johnston
was born in Jackson township, Mahoning county, Ohio, September 12, 1840.
He is of Scotch-Irish descent, some of his ancestors having been prominent in
the affairs of Scotland both in matters of church and state. On coming' to
this country they settled in Pennsylvania, and in 1811 the branch from which
he is directly descended came from Westmoreland county, now Armstrong
count}', Pennsylvania, to what is now Mahoning county, Ohio. The other
branches of the family removed to the South. A prominent member of the
family was General Albert Sidney Johnston, whose death at Shiloh termi-
nated what gave promise of being a remarkable 1 brilliant military career.
General Joseph E. Johnston was also a distant relative. The father and

276

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mother of Judge Johnston met and married in Mahoning county. He was
brought up on the farm and acquired the rudiments of an education at the
public schools, afterwards attending the academy at Canfield, and still later
the academy at Jackson. He was about completing his course at the latter
academy when the war broke out in 1861, which so aroused his patriotism
that he at once relinquished all further thought of study, threw up his books
and enlisted in Company E of the Second Ohio Cavalry. He served over
three years in the war, bearing all the hardships and dangers heroically and
uncomplainingly, contented to make any sacrifice and endure all privations for
the cause in which his heart as well as his services were enlisted. It was not
thought of fame or of promotion to be gained that actuated him ; he cared
little or nothing for these; he was moved by the deepest sentiments of loyalty
to his country and devotion to the cause of freedom. These were his incen-
tives, and these were the motives that impressed him to abandon everything
else with the determined purpose of giving all his aid and strength to the cause
until victory was achieved. He served the greater part of the time with the
army of the frontier and with the army of the Missouri. During the last
eighteen months of the war he was in the Twenty-fifth Ohio Battery as second
lieutenant. During a part of his service, for some six months, he was brigade
adjutant, and throughout the entire service displayed great tenacity of pur-
pose, determination, firmness and courage. He was mustered out in Septem-
ber, 1864. and in October of the same year returned to Canfield, and at once
commenced the reading of law with Judge Giles Yan Hyning. He was
admitted to the Bar September 12, 1866. He was immediately elected judge
of the Probate Court for Mahoning county, to which office he was re-elected,
serving until 1873. He then formed a partnership with his former preceptor,
Judge Van Hyning, which lasted until the death of the latter in 1884. He
then continued the practice alone until 1886, when he was elected judge of the
Court of Common Pleas. At the expiration of his term he was re-elected, and
thus served ten years upon the Bench, retiring in 1897, when he resumed the
law practice in Youngstown. In 1875 he was elected to the Ohio Senate and
re-elected in 1877, serving two terms terminating in 1879. In the Senate he
was a patient and hard working member of the judiciary committee, and -gave
invaluable aid during the codification of the Ohio laws, which took place at
that time. He prepared and introduced the "limited partnership laws" which
now adorn the statute books of Ohio. He did not, however, have the pleasure
of seeing those become law during his term in the Senate, as they failed of
passage upon the first effort. They were afterwards taken up and passed.
Judge Johnston was one of the incorporators of the Northeastern Ohio
Normal College at Canfield, a prominent and flourishing educational institu-
tion which he aided materially by his services and otherwise in its growth and
success, and of which he was for many years trustee. He has for the past
two years filled the office of judge advocate of the Department of Ohio for the
Grand Army of the Eepublic. He is quite conspicuous in all Grand Army
matters, and earnestly co-operates in all movements that are formulated for

BENCH AND BAR OF OHIO.

277

what he believes to be for the best interests of the old soldiers. During the
ten years as judge of the Common Pleas Court he was called upon to try many
cases of more than average importance, both in criminal and civil suits, and it
is a noticeable fact that his decisions were invariably sustained by the Supreme
Court. This may be attributed to some extent to his painstaking, careful
habit of thought. He never spares himself; is more than industrious, persists
in getting 1 to the bottom of facts and evidence, and then exhausts the authori-
ties bearing upon the case. He possesses a quick perception of the application
of precedents and is logical and sound in his reasoning. His decisions were
alwaj's received by the Bar with the utmost respect. They were recognized
as well considered, fairly arrived at, and honestly given. As a lawyer he
exhibits all the characteristics of industry and caution in the preparation of
his cases, and in court he is strong and convincing in his argument, besides
being very quick to observe a weakness upon the other side and prompt to
secure an advantage. He is a good lawyer and a safe counsellor. In politics
he is a Republican, and, to be accurate, it should be said a partisan. He
believes in the principles of that party and considers it the duty of each anil
every one of its members to abide by the decisions of the properly authorized
bodies within the party, to the end that the fundamental principles shall be
maintained. He is an active worker and gives his help whenever and where-
ever he thinks he can do the most good. He is a popular citizen, universally
regarded for his courage and his honesty. He never evades a duty or a
responsibility, but is frank and straightforward, possessing to a rare extent the
"courage of his convictions." In 1873, in company with Colonel J. M. Nash
and others, he founded the Youngstown Tribune, a Republican paper, with
which he retained his connection for a number of years. By various consoli-
dations and changes it has 'now become the Telegram, a very influential and
prominent Republican paper, published at Youngstown. He was married
June 9, 1868, with Miss Mary S. Hartzell,of North Benton, Mahoning county.
They had one child, a boy, born to them in 1870, but he did not survive more
than a few months. Mrs. Johnston's ancestors were among the very earliest
settlers of this part of the State, and the family have attained a great promi-
nence both in professional and commercial circles. She is a graduate of
Mount Union College, and is a lady of literary and scientific tastes and attain-
ments. In loyalty and love of freedom she is in full sympathy with her dis-
tinguished husband, and is indefatigable in her efforts to promote in every
way in her power the best interests of the men who fought for the Union.
She has taken an important part in the auxilary of the Grand Army of the
Republic known as the Women's Relief Corps, of which she is vice-president
of the Department of Ohio, besides taking charge of the columns of the " Relief
Corps Record," published at Urbana, which are devoted to the affairs of the
Grand Army of the Republic. Mrs. Johnston is a member of the Presbyterian
Church, and is active and influential in movements of a charitable and moral
character.

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ALVIN C. VOEIS, Akron. General A. C. Tori's, who was born in Stark
county Ohio, April 27, 1827, is now a citizen of Akron. As a jurist, a member
of the Summit county Bar and an officer of distinction in the late civil war, he
deserves a prominent place in the history of the State. He remained in the
paternal home until he was eighteen years of age, when his desire for knowl-
edge found its gratification. He gave a year to study at the Twinsburg Insti-
tute, and then spent two years more at Oberlin College, where he took an
elective course. Compelled to support himself, he found part of the means in
teaching school during the winter months and giving several hours each day
at the shoemaker's bench, a trade he had learned while on the farm. In Feb-
ruary, 1850, he made Akron his home, and his residence has been there ever
since. He was appointed a deputy clerk in the Common Pleas Court, holding
the place for two years. In February, 1852, the first Probate Judge elected
in Summit county under the new Constitution being too ill to visit his office,
young Voris was made his deputy and held the position until the death of the
judge, in August following. The entire business of the office was thrown
upon him. That he performed his duties well and devised proper means for
doing the business of the office and keeping its records, is attested by the fact
that his methods have since been followed. His official acts as judge were
never legally questioned. Meanwhile he had kept steadily in mind the pur-
pose of devoting himself to the law and had lost no opportunity of gaining
knowledge in that direction. He studied faithfully, and having a legal mind
was able to learn much from the surroundings in which he was placed. His pre-
ceptor was General L. V. Bierce, with whom he formed a partnership upon his
admission to the Bar in June, 1853, under the firm name of Bierce & Voris.
In 1869 he was elected to represent Summit county in the State legislature,
where he soon took rank as a leader. He gave himself to the solid business
of legislation and was one who could be counted on to be present and who
knew the meaning and purpose of each measure before the assembly.
Although young he was counted, even then, as one of the strong men of
the bodj-. In September, 1861, he enlisted in the Twenty-ninth Ohio Volun-
teers, was appointed by Governor Dennison a second lieutenant and detailed
by the recruiting service. He was mustered into the volunteer service on the
2nd of October following for the organization of a regiment, of which he
became lieutenant colonel. This regiment went into the field in western
Virginia January 19, 1862. On March 16th, he was made commanding officer
of the regiment and on the evening of the 22nd of the same month he led it
into its first fight against a reconnoisance of Stonewall Jackson before Win-
chester, which was, in fact, the opening of the first battle of Winchester, one
of the hardest fought infantry battles of the war. Colonel Voris was
promoted to the colonelcy of this regiment (the Sixty-seventh Ohio). On
the day of his promotion he received a severe wound in the assault on Fort
Wagoner, which compelled him to go North. Two months later he reported
for duty. In January, 1863, he was transferred to the Department of the
South, where he participated in the siege of Charleston. In the spring of 1864

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he was assigned with his regiment in the army of Virginia, with which he
was identified until the close of the war. On April 2, 1865, he led the charge
on Fort Gregg, at Petersburg, and after having been in the ditch of the fort
up to his neck in mud and water for nearly half an hour, he climbed up on its
walls by the aid of a ladder made of guns with bayonets thrust into the walls
and was the first Union officer in the fort. This was the last Confederate fort
taken by storm around Petersburg and Richmond. At Appomattox he was
in the fight at the last ditch and was wounded in the left arm by a fragment
of shell. For his splendid military services Colon el, Voris was brevetted a
brigadier general in 1864 and in 1865 made brevet major general of volunteers
"for distinguished services in the field." At the close of the war he was
assigned to the command of the military district of South Anne, Yirginia.
Here he rendered valuable services and displayed remarkable executive ability.
He was mustered out in December, 1865; returned to his home in Akron, and
resumed the practice of law. In the spring of 1873 he was elected a delegate
from the Akron district to the Ohio constitutional convention and was one of
its most efficient members. Pie was a member of the committee on rules and
thus was instrumental in shaping the work of the body. He served also on
the committees on apportionment, representation and corporations other than
municipal, under the permanent organization of the convention. Evidence of
his usefulness may be found in the records of the convention. General Voris
was identified with much of the important litigation in Summit and neigh-
boring counties. He is an orator of great force and a lawyer of recognized
ability. In the fall of 1890 he was elected judge of the court of Common
Pleas, and served with marked ability for one term. On retiring from the
Bench in the winter of 1896 Judge Yoris did not again enter into general prac-
tice, but has confined his practice to consultation and the direction of special
important litigation. In politics he is an ardent Republican, but is too fair-
minded and patriotic to allow partisanship to warp his judgment. He is an
earnest advocate of protection and has made many campaign speeches in favor
of that policy. He is well read in law, history and general literature, and
loves books. He is a model citizen and does all that lies in his power to
advance the interest and welfare of his city, State and country. Septem-
ber 21, 1853, he married Lydia Allyn, and of the union were born E. F. Voris,
who is a member of the Akron Bar, and a daughter, who is the wife of Charles
Baird, Esq., also a member of the Akron Bar. March, 16, 1876, Mrs. Voris
died, and in February, 1882, General Voris married Mrs. Lizzie H. Keller,his
present wife. There are no children by this union.

CHARLES A. HARRINGTON, Warren. Charles Adams Harrington is a
native of Trumbull county, Ohio, having been born in Greene township, on
June 16, 1824. The family is of sturdy New England stock. His father, Will-
iam Harrington, was a native of Brookfield, Vermont, while his mother, who

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before her marriage was Helena Bascom, was from Massachusetts. Early in
life William had been bound out as an apprentice, but he bought his time and
went to try his fortunes in Canada. At the outbreak of the war of 1812 he
immediately returned to the United States, and in March, 1817, he came to
Trumbull county, bringing his mother with him. In Greene township he
bought some land, built a log house and settled down to clearing the farm for
cultivation. His mother kept house for him until 1821, when he married. He
took quite a prominent part in the affairs of the county and acted as justice of
the peace, making an efficient and upright magistrate. He died in 1885 at the
ripe old age of ninety-one. His son Charles A. spent his early years upon the
farm. He was a hard working, thoughtful boy of an industrious nature, and
determined to secure the best education that was possible. While working on
the farm he attended the public schools and afterward took a course at the
Grand River Institute at Austinburg. He subsequently entered Oberlin Col-
lege, where the rules at that time made a course in Hebrew extending over a
period of a year and a half necessary before a student could graduate. Not
being willing to spend so much time upon a study that did not seem to him to
be essentia], he left before graduating and returned to Greene township. The
college authorities afterward rescinded this rule and invited him to come
back, but other occupations had then gained his attention, and he declined to
return. At this time he had entered upon a career as a school teacher, at the
same time attending to the farm. In 1845 he established a select school in
his native community, and subsequently increased the number of these, employ-
ing able and efficient assistance, but keeping all under his direct personal
supervision. They proved a decided success, and were continued by him for
several years. During all the time he had been applying himself to the study
of law with a view of entering the profession, and in 1846 he commenced
reading law in the office of Crowell & Abell, of Warren. He was admitted to
the Bar in 1848. He continued his schools in Greene township, and at the
same time practiced law. In 1860 he was elected to the office of clerk of the
Court of Common Pleas in Trumbull county, and at the expiration of his term
was re-elected, retiring from the office in 1867. At this time President Andrew
Johnson had appointed Alexander McConnell assessor of internal ae venue for
the Nineteenth Ohio Congressional District, and the Senate had refused to
confirm him. Under these circumstances the President consented to appoint
an assessor upon the recommendation of the Republicans of the district, and
Mr. Harrington was selected as their choice for the office. Up to this time he
was entirely uninformed as to the intentions of the party representatives, and
had no reason to suppose that his name would be brought forward. The honor
was greatly enhanced from the fact that the office was one requiring not only
great business sagacity, but called also for strong legal ability and the exercise
of judicial functions. The nomination was made by the President and con-
firmed by the Senate, and in March, 1867, he assumed the duties of the assess-
orship, which he continued to hold until the office was abolished. In the
winter following he went into the office of his friend, W. T. Spear, to assist

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281

him. Two years ]ater, in 1875^ the law firm of Spear & Harrington was
formed, and continued until the election of Mr. Spear to the Bench in 1878.
From this time Mr. Harrington continued to practice alone. In 1880, he
became associated with others in the organization of the Second National
Bank of "Warren. He was a member of its first board of directors, and
has continued in the board ever since. Soon after its organization he was
elected president of the bank. While continuing his law practice he at the
same time had executive supervision of the affairs of the bank. In 1887 the
cashier died, and, at the urgent request of his brother directors, Mr. Harring-
ton consented to take the position. This demanded such close attention that
he was compelled to retire from the active practice, and after a year or two
he was able to withdraw almost entirely from the duties of the profession ;
though to this day many of his old clients and friends are continually seeking
his advice and counsel, which he willingly imparts where it may be done with-
out encroaching upon his official duties. During his professional career, Mr.
Harrington did his best to avoid appearing in criminal or divorce cases. It
was not always possible to keep out of this line of practice, and when he did
consent to try that kind of cases he rarely failed of success. In civil cases,
when his sympathies and predilections were enlisted, the strongest lawyers
and advocates in northeastern Ohio found in him an opponent who called all
their resources into action. In the preparation of his cases he is diligent, pains-
taking and exact in every detail. His scrutiny is penetrating, and not a point
of law or link of evidence escapes his sagacious observation while its bearing
or application upon the case involved is clearly exposed. His profound legal
knowledge enables him to grasp the law in the case with great readiness, and
his papers are models of careful industry, knowledge of the law and logical
argument, fie is exceptionally strong before the court, never permitting an
important point to be lost sight of for a moment. He has the faculty of con-
centration in argument, and brings his facts before court and jury with appar-
ently irresistible force. One of his prominent characteristics is to advise his
client, when possible, to avoid litigation. He never permits them to go into
court while there remains any possibility of effecting a settlement outside.
He regards litigation as the last resort, and it has 'been his good fortune to
compose many family differences that under less careful and kindly advice
would have developed into lifetime antagonisms. As a counsellor he is exceed-
ingly earnest, careful, judicious and wise, while his counsel is marked by kind-
liness and benevolence. In politics he is a Republican, firmly believing that
the moral tone of the country, the greatest natural blessings, and the highest
principles of good government are found in the principles of that party. In
public, he has been identified all his life with moral and educational move-
ments. He has been trustee of the Childrens' Home since its organization in
1890, and for more than twenty-five years he has been an active member and
a good part of that time president of the board of education, covering a period
when the greatest work had to be done in providing school buildings and edu-
cational facilities generally. A man of high principles and steadfast integrity,

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he is respected and honored by the community. His life has been ennobled by
constant effort for others, and he enjoys in his delightful home all that is purest
and brightest in the memories and affections. With his wife, his daughter-in-
law, the widow of his younger son, and their two little ones, his only grand-
children, he lives in an atmosphere of love. In 1848 Mr. Harrington was mar-
ried to Miss Eliza Bascom, who died in February, 1892. They had two children,
Charles Frederick and Frank Wales. The elder son, when seventeen years of
age, entered the army, and served until the close of the war. He was in the
government service, surveying department, when he died, in October, 1871.
He married Miss Skinner, of New York, but left no children. Frank Wales
Harrington, the younger son, was a lawyer by profession. He was married to
Miss Carrie L. Park in 1888. They had two children, Charles A., born Septem-
ber 1, 1887, and Priscilla Park, born July 31, 1889. October 7, 1893, Frank
Wales Harrington died, after a protracted illness accompanied by great suffer-
ing, since which time his widow and two children have made their home with
his father. On November 28, 1893, Charles Adams Harrington, the subject of
this biography, was married to Miss Sophia M. Smith, a daughter of Honora-
ble Charles W. Smith, who formerly was a member of the Trumbull county
Bar, but afterwards moved to West Virginia, where he became exceedingly
prominent in politics, and though a Republican his great personal popularity
led to his election as judge. He was a great orator and a man of high attain-
ments. He died in West Virginia in 1878.

DUNCAN LIVINGSTON, Portsmouth. The subject of this biography is of
Scotch lineage. Both of his parents were born in Argyleshire, Scotland, in
the vicinity of Fort Williams. His father, mother and two uncles emigrated
to America and located near Wheelersburg, in Scioto county, Ohio, ten miles
i from Portsmouth, where Duncan was born. He was educated in the public
schools of Scioto county, and his course of stud}^ did not extend beyond the
academic branches. He began the study of law in Portsmouth, and com-
pleted his preparation for the Bar under the instruction of Captain
N. W. Evans, his present partner. The relations were found to be not only
advantageous from a business point of view, but so eminently satisfactory in
other respects, that after a partnership association of twenty-five years,
Captain Evans says it will be continued for life, unless Mr. Livingston accepts
a position on the Bench. The two partners have been friends during more
than a quarter of a century, intimate in the relations and constant in their
mutual attachment. Mr. Livingston has an aptitude for the law, both in
acquiring an understanding of its principles and in the application of its prin-
ciples to general practice in the courts. He is a very successful practitioner,
and is aided by a very serviceable memory. This faculty in him is remark-
able, covering not only that which is material in the report of a case which he
has read, but what is technical, local and geographical. He is able to recall

'Pic Cc?tturt/ PuMes/u/g & Dujiuviny Co. Chic ay a:

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283

at will the subject-matter, the title of the case and the volume in which it may
be found. His mental index of the reports of important cases in the United
States and England is about as complete and accurate as that which is
printed in the volumes. He is extremely careful and cautious in forming his
opinions, but when he deliberately reaches a conclusion his position is impreg-
nable. His arguments in support of a conclusion are unanswerable. Duncan
Livingston is regarded by members of the Bar, who have measured his ability
and strength, as one of the best lawyers in his county, or even in the State.
He enjoys in unlimited measure the confidence of the profession, and the
esteem of all who know him in the community, and as a man he is true to his
friends, courteous to his enemies, and the soul of honor in all things.

GEORGE M. TTJTTLE, Warren. Honorable George M. Tuttle was born in
Litchfield county, Connecticut, June 19, 1815. His father, Eri Tuttle, was a
native of the same county, born in 1787. His grandfather was Jared Tuttle,
also a native of Connecticut and a descendant of William Tuttle who, in 1635,
came from England to America on the ship Planter, landed in Massachusetts,
and after a brief residence there emigrated to the colony of New Haven,
where he finally settled. Eri Tuttle married Miss Harriet Phillips, daughter
of Samuel Phillips, and from this union were born one son and four daughters.
In 1839 they removed with their family to Ashtabula county, Ohio, settling
on a farm in Colebrook. George M. Tuttle received his rudimentary educa-
tion at home and began attending school very early in life. Such was his apti-
tude that when only four years of age he was able to read in the Testament.
He was of a studious nature and acquired habits and thoughts of reflection
that have remained with him all through his life. At twenty years of age he
commenced teaching school, and was so occupied for one winter in Connecticut
and two seasons in Ontario county, New York, before reaching Ohio. He
had, in the mean time, devoted himself to the study of the law, and with one
interruption on account of ill health continued this study until 1811, when he
was admitted to the Bar at Jefferson. In January, 1844, he removed
to Warren and entered upon the practice of law there. At times he has
practiced in partnership with lawyers of prominence and at other times he has
practiced alone. In 1882 he formed a law partnership with his son-in-law,
Charles Fillius, which still continues. In February, 1867, he was elected
judge of the Court of Common Pleas and remained on the Bench a few weeks
short of his full term of five years, when he resigned to enter a partnership in
the practice. He was a prominent member of the Constitutional Convention
of 1873, and conspicuous in its deliberations. In politics he was originally a
Democrat, but in 1848 joined the Free-soil movement, and upon the organiza-
tion of the Republican party joined its ranks and has ever since been a
consistent supporter of its doctrines. In January, 1841, he married with Miss
Emily Lee, who became the mother of one daughter, Harriet, now the wife of

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Ira N. Poland. On November 23, 1852, he married his second wife, Julia
Adeline Sullivan, a native of New York State, whose father, Jere Sullivan,
was born in Rhode Island. His father, Peleg Sullivan, was a son of
Humphrey Sullivan, a sea-faring man of Rhode Island, of Irish descent. The
mother of Mrs. Tuttle was, before marriage, Margaret |Pierce, who was
a native of England. Mr. and Mrs. Tuttle have five children : George
Phillips, of Warren ; Mary Sutliff, who was married with Charles Fillius ;
John Milton, now at home; William Ellsworth, a member of the Bar, who is
at home; and Charles Ward, who is in business in Pittsburg, Pennsylvania.
It is now about fifty-four years since Mr. Tuttle became identified with
the Warren Bar, and fifty-seven years since he was admitted to practice. Dur-
ing this long period he has been associated in the trial of cases, as lawyer and
judge, with some of the very foremost lawj^ers of the country. His local
prominence has brought him into most of the more important cases that have
come before the courts of his section for more than half a century, and either
with hjm or against him have been Rufus P. Ranney, Benjamin F. Wade,
Milton Sutliff, Joshua R. Giddings, Peter Hitchcock, Matthew Birchard and a
host of other celebrated lawyers that have now passed over to the other side.
In great contests, where the brightest minds have been engaged, Mr. Tuttle has
performed his part and has always been an important and powerful factor.
Judge Tuttle and Judge Milton Sutliff, as partners, were indeed most formid-
able antagonists in any case. Upon the Bench Judge Tuttle was always
a close reasoner, careful in reviewing testimony and deliberate in arriving at
his conclusions. He was fair, just and r firm, and could not be swayed or
moved one particle when his decision had been reached. As a lawyer he is
great in the preparation of his cases as well as in the trial of them. He exercises
unusual caution ; no point in the evidence escapes his attention, nor does the
law applicable to it. He is singularly sagacious and quick to seize the weak
point in his opponent's case. He never permits the wasting of strength on
what is immaterial, but concentrates his energies to the utmost. In argument
he is clear, cutting, logical and concise, and holds the interested attention of
the court as profoundly as that of the jury. As a man, he is kind-hearted,
sincere in his friendships, loyal to his party, and true as steel to the interests
of his clients. Throughout his life he has been a student, a great reader and
deep thinker. So intense has this reflective habit become and so strong the
power of concentration of thought developed in him that there are few prob-
lems either of law or philosophy whose solution he would not work out. He
is not only well acquainted with and deeply read in the authorities of the law,
but he is a mathematician of high order, a wide reader of current literature
and a scholar of broad attainments.

BENCH AND BAR OP OHIO.

285

MYRON R. KEITH, Cleveland. The subject of this memoir was born in
Winrield, Herkimer county, New York, in March 1819, and was a son of Colo-
nel Ansel Keith. His education was obtained in the public schools and
Oneida Institute. When a youth he came West and settled at Elyria, Ohio,
whence in 1837 he removed to Cleveland. Shortly afterwards he was
appointed a deputy under the Honorable Harvey Rice, clerk of Cuyahoga
county. Subsequently he studied law with Edward Wade ; was admitted to
the Bar in 1842, and began practice with Mr. Rice as his senior partner. This
association continued until 1847, when Mr. Keith returned to Elyria, where he
was appointed clerk of the Common Pleas and Superior Courts for Lorain
county. In 1852 he resigned, returned to Cleveland and resumed practice, in
which he actively engaged until ill health compelled his retirement ; but he
continued to act as counsel for clients whose business he had transacted for
years. In 1867 he was appointed registrar of the Court of Bankruptcy for
the Northern District of Ohio, which office he held until the law was repealed
in 1878. Mr. Keith was a counsellor rather than a pleader before a jury. He
was a man of sound judgment, deep learning and great carefulness. For
years before his death he was the legal adviser of executors controlling vast
estates. As a drawer of legal papers he had few equals. He was the attorney
of the Standard Oil Company, whose charter he drew many years ago. He
also drew the articles which created and organized what is commonly known
as the " Standard Trust." The will of the late W. J. Gordon, of Cleveland,
was a remarkable legal document of its kind, and brought spontaneously from
the profession praises of Mr. Keith's shrewdness and ability as soon as it was
made public. Mr. Keith was a Republican in politics and during the rebellion
he was chairman of the Cuyahoga county central committee. In 1844 he
married Miss Mary L. Beebe, of Lorain, who survives him. Two daughters
are the living issue of this marriage: Mrs. Minnie Yergest, of Logan, and
Mrs. Frances Hallowell, of Cleveland. Among the marked traits of Mr.
Keith was his ability to inspire confidence, which resulted not only in the
acceptance of large trusts and responsibilities, but also drew to him many
warm friends. Mr. Keith was a sufferer for years from the disease to which
he finally succumbed August 7, 1893.

JOHN W. HEISLEY, Cleveland. The late John Wesley Heisley was born
at Williamsport, Lycoming county, Pennsylvania, February 16, 1824, the son
of John and Elizabeth Heisley, who were of German descent. His youth and
early manhood were passed at his birthplace, where he had the educational
advantages of the public schools, after which he entered Dickinson College,
Pennsylvania, from which he was graduated in 1848. Having selected the
law he at once began its studies, after graduation, at his native town, where
he was admitted to practice in April, 1849. He immediately opened an office
and soon found a flattering clientage for so young a practitioner, and a busi-

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ness fairly remunerative. In April, 1851, he married Miss Elizabeth Keller, of
Williamsport. He removed to Cleveland in 1854, where his earnest devotion
to business inspired confidence and soon gave him a fine practice and position
as one of the prominent leading lawyers in northern Ohio, a position he
retained until his death. Mr. Heisley spoke German almost as fluently as
he did English, which gave him a large German-speaking clientage. He
entered heartily into political affairs, and soon had great influence as a leader in
the local Democratic party. As early as 1857 his party nominated him for city
attorney and elected him, a position he occupied for two years, performing his
duties with honor to himself and to the advantage of the public. He was
placed before the Democratic State Convention at Columbus in 1877 as
Cuyahoga's candidate for governor, and received a large vote. In 1883 he
received a similar compliment from his party. Without any solicitation on
his part his name was presented at that time to the Democratic State Conven-
tion as a candidate for judge of the Supreme Court of Ohio. He again failed
of nomination, but received nearly half the votes of the convention. Local
and accidental reasons seemed to determine the choice. In 1871 Judge
Heisley formed a partnership with his brother, William Heisley, who was
some ten years his junior, and Mr. Arnold Green, who had been a student of
William Heisley, under ' t the name of Heisleys & Green. In 1872 Mr. Green
dropped out of the firm, which became in name Heisley & Heisley and
continued until 1871, when P. F. Young was taken into partnership, and the
firm name became Heisleys & Young for a short time. After practicing
at the Bar of Cuyahoga for twenty-nine years with marked success Mr.
Heisley was elected judge of the Common Pleas in 1883. Prominent among
Judge Heisle-y's qualifications may be mentioned the long, varied and success-
ful experience as a nisi prius practitioner. It has been written of him as a
judge that one of his rare qualities was the ignoring of all mere forms
and ceremonies without the sacrifice of real official dignity. In a marked and
unusual degree he carried into all his judicial labors and intercourse that
genial spirit of good-fellowship and spontaneous kindness which made him
universally approachable and always familiar, without the suspicion of parti-
ality. Prompt, systematic and expeditious in the dispatch of business, tolerant
of argument if relevant, quick to grasp the points of a controversy, cautious,
patient and thorough, he certainly fulfilled on the Bench the expectations of
those who knew him best and longest. When the Cleveland Bar Association
was formed in March, 1873, Judge Heisley became one of its vice-presidents.
He died after a long illness, May 17, 1893, at Pasadena, California, whither
he had gone in hopes of regaining his health. His widow is still living with
her son, Samuel K. Heisley, who is in business in Cleveland. Another son,
Ecko M. Heisley, is a prominent member of the Cleveland Bar. A daughter
is the wife of Dr. Joseph E. Cook, of Cleveland. A quotation from the Rev.
Mr. Hartman fitly closes this memoir : " Judge Heisley was a well rounded
man of general information,' broad judgment and wise counsel. As a lawyer
he was a peer of peers. As a citizen he was one of the leading. On the

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287

Bench he stood conspicuous. As a husband and father he was kind and
loving. As a Christian he stood fearless in his faith. As a friend he was
beloved by all. He was a man who will be universally remembered."

WILLIAM C. McFARLAND, Cleveland. W. C. McFarland was born in
Lawrence county, Pennsylvania, September 24, 1838. His father, John Mc-
Farland, a farmer, and his mother, Eliza McCombs, were of Scotch descent.
His grandfather came to this country from the North of Ireland just after the
close of the Revolution, about 1790, and settled in the western part of Penn-
sylvania, acquiring a large tract of land in the Mahoning Valley, the west
line of which was the east line of the Northwest Territory, afterwards Ohio.
He was a direct descendant from the Scotch Macfarlane Clan, the larger part
of which settled in the North of Ireland about 1650. The grandfather was
born there and educated in Trinity College, Dublin, coming immediately after-
wards to this country and settling in Pennsylvania, as hereinbefore stated.
The McCombs were of Scotch ancestry, and they also settled in Western
Pennsylvania. The mother's branch of the family came to Ohio about 1820.
The paternal lineage of William C. McFarland is traced to his ancestors of the
Macfarlane Clan, whose territory in Scotland bordered on the northwest shore
of Loch Lomond, and where the ruins of the Macfarlane castle stand on the
banks of the Loch Sloy. The orthography of the name has changed consid-
erably. The Scotch was originally Macfarlane, " Mac" in the highland tongue
meaning "son of." The early education of Mr. McFarland was received at
the Poland Academy. Afterwards he entered Westminster College, leaving
in 1859, in his junior year. During his attendance at college he determined
upon law as his profession, and while there read Blackstone. After leaving
college he went to Kentucky, where he taught school until the beginning of
the war in 1861. He then returned to his home in Pennsylvania and would
have entered the army, but ill health prevented. About that time he went
to Cleveland and entered the Ohio State and Union Law College, taking his
degree of LL. 13. in 1862. Immediately afterwards he commenced to practice
his profession, but there was little business, owing to the excitement incident
to the war — not enough even to occupy the time of the older lawyers — so he
accepted a position in the quartermaster's department, and was stationed at
Nashville, Tennessee, for about a year. Resigning from the military service
he returned to Cleveland, and in the fall of 1863 formed a partnership with
Judge J. P. Bishop under the firm name of Bishop & McFarland, afterwards
Bishop, Knight & McFarland. In 1875 he formed another partnership with
Lyman K,. Critchfield, under the firm name of Critchfield & McFarland; but
this continued only one year, and since it was dissolved he has continued in
the practice alone. His practice has been general, but in the later years con-
fined largely to corporation law. Mr. McFarland has the confidence and
respect of the Bench and Bar, and stands high as a man. In the profession he

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has the reputation of being careful and painstaking in all his work, displaying
great industry and care in the preparation of his cases. He also conducts the
trial of them with great facility and cleverness. In the examination of wit-
nesses he excels. He is quick in measuring a witness, artful and ingenious in
■drawing out his testimony. He has been very successful as a practitioner, has
a good clientage, and has accumulated a competency by means of his practice.
In politics he has always been a Republican, taking an active interest in all
political questions. The only office he has ever held is that of representative
in the State Legislature, to which he was elected in 1871. He served one
term and was not a candidate for re-election. Mr. McFarland has never
married.

■JOHN H. WEBSTER, Cleveland. John Howard Webster was born at Ports-
mouth, New Hampshire, on the 8th day of November, 1846. His father,
John Webster, came to Ohio in 1850, settling in Cleveland, where he was
actively engaged in business until 1868, being one of the city's leading man-
ufacturers. Mr. Webster is a fourth cousin of Daniel Webster. The Websters
are descendants of Thomas Webster, who came over in the Mayflower, settling
in New Hampshire as early as 1836. Daniel Webster in his autobiography
says : " The family is no doubt originally from Scotland, although I have not
been able to learn how far back any Scotch accent was found lingering on our
tongue. Probably enough the emigrants may have come last from England.
The characteristics of the personal appearance of the Websters are pretty
strongly marked and very generally found with all who bear the name in New
England." His mother, Sarah B. Perry, was also of a noted New England
family, from York county, Maine, of Scotch-Irish descent. Her ancestors
came to this country shortly after the Revolutionary War, settling at
Limerick, York county, Maine, on what was then known as part of the Hamp-
shire grant, in the extreme eastern part of New flampshire. Young Webster's
early education was in a private school, where he was prepared for college,
graduating from the high school in 1864. He at once entered Yale College,
and upon completing the course was graduated with- honors in the class of
1868. Returning to Cleveland he at once entered the office of James Mason,
who was at that time general counsel of the Lake Shore and Michigan
Southern Railroad, and commenced the study of law, and in June, 1870, was
admitted to the Bar. Immediately he commenced the practice of law and was
alone until 1884, when he formed his present partnership with E. A. Angell,
under the firm name of Webster & Angell, the firm now being Webster,
Angell &Cook. His practice has always been general in its nature. He has,
however, large business interests outside of his profession which require much
of his attention. Notwithstanding the great demands of his profession and
business interests, he has found time to aid in the promotion of educational
institutions, which have gone far toward establishing a reputation for Cleve-
land as an educational center in Ohio. He was one of the original organizers

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and promoters of the Cleveland Manual Training School, and was for six
years its treasurer and chairman of the executive committee, and until the
institution was turned over to the city of Cleveland and became a part of the
city's general school system. He was also one of the organizers of the Univer-
sity School of the city of Cleveland, and one of the trustees of the school
which is to-day recognized as the best preparatory school in the "West. Mr.
Webster helped to organize the Yale Alumni of northern Ohio, and was for
thirteen years actively identified with its management, and for two years its
president. He is a man of great force and energy. There is a heartiness and
enthusiasm about his work which makes his undertakings successful. He is a
lawyer of ability and a man of high moral character, having a large circle of
friends and admirers. His father was a noted abolitionist, who, before the
war, and until the emancipation of the slaves, maintained one of the under-
ground railroad stations. He is politically a Republican in his convictions,
but he has never held political office. In 1870 Mr. Webster married Helen
Curtis, of Stratford, Connecticut, and they have three children, two sons and
one daughter. The oldest, Paul Wentworth, is a mining engineer, now
practicing his profession at Coolgardie, West Australia ; the second son,
Harold Curtis, is a law student in his father's office ; and the daughter, Jean
Howard, is a charming young lady.

WILLIAM B. BOLTON, Cleveland. The subject of this sketch was born in
New Haven, Pennsylvania, January 7, 1853. His father, John Bolton, a
teacher by profession, is a native of Baltimore, Maryland. He removed to
Pennsylvania, where his son was born, and later to Ohio. He is now a pro-
fessor in the West High School at Cleveland. The Boltons are of English
extraction. His great-grandfather, John Bolton, was an officer in the Revolu-
tionary War, and the grandfather, of the same name, was an officer in the
navy during the war of 1812. His mother, Martha Russell McCune, is of
Scotch-Irish descent, a native of Pennsylvania, where her ancestors settled
prior to the Revolutionary War. Young Bolton's education was obtained at
Portsmouth. Ohio. Passing through all the grades in the grammar school, he
entered the high school, from which he was graduated in 1871. He then
became a clerk in Judge Thompson's office, the Probate Judge of Scioto county.
He retained this position until 1873, when he removed to Cleveland and
entered the employ of the Lake Shore Railroad, holding a clerical position for
two years. Having determined upon law as a profession, in 1876 he entered
the office of Ingersoll & Williamson and began his studies. This firm, having
a large amount of trust business which required Mr. Bolton's attention, he did
not feel the necessity of admission to the Bar until 1881. In 1880 Samuel E.
Williamson became judge of the Court of Common Pleas, resigning that office
in 1882 to accept the position of general solicitor for the Nickel Plate Rail-
road, the subject of this sketch at the same time accepting the assistant gen-

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eral solicitorship of the road. Later, under the reorganization of the company,
he became the assistant general counsel. In 1890 he resigned to accept the
position of general counsel for the Brush Electric Company, which position he
now holds. Mr. Bolton's practice has been confined almost exclusively to cor-
poration business, in which line he has had a large and varied experience. He
has also had an extensive experience in the litigation carried on upon behalf
of the Brush Company in actions involving the validity of the various elec-
trical patents for inventions made by Mr. Brush and others. He is a lawyer
of ability, a close student, and his opinions in corporation matters are highly
regarded. Politically a Republican, always interested in National and State
politics, yet be has never held or sought office. In 1883 Mr. Bolton married
Lilyon Beckett Beamer, and b}^ this union there is one son, John Donald, born
February 12, 1885.

HARVEY D. GOULDER, Cleveland. Harvey D. Goulder was born in Cleve-
land on the 7th day of May, 1853. His father, Christopher B. Goulder, was
one of the pioneer captains on the great lakes, the master of a vessel over sixty
years ago. Born in England he came to the United States in the early thir-
ties, settling first in Detroit and afterwards removing to Cleveland, where he
resided until his death. His mother, Barbara FreeLand, was a native of Scot-
land, and when a child came with her parents to this country, settled first in
New York State and about sixty years ago came to Cleveland. Young
Goulder's education was obtained in the public schools of Cleveland and he
was graduated from the Central High School in 1869, at the age of sixteen.
During his school days his summers were spent sailing on the lakes. After
leaving school, having determined to study law, he entered the law office of
Tyler & Dennison and for three years read law, and the remainder of the year
served as ship's mate on the lakes. When nineteen years old Judge Tyler
advised him to give up navigation, as he by this time had a thorough knowl-
edge of sailing, and, being too young to be admitted to the Bar, he accepted a
position as entry clerk in the wholesale house of Alcott, Horton & Co. Here
he remained two years. He then entered the office of the late John E. Cary,
the great admiralty lawyer of the lakes, and continued his studies with Mr.
Cary until the latter's death in 1874. In the spring of 1875 he took his exam-
ination and was admitted to practice. He at once opened an office and prac-
ticed alone for considerable time. Later he formed two partnerships, but they
were purely experimental and lasted only a short time. He was then alone
until January, 1893, when the present partnership with Samuel H. Holding,
under the firm name of Goulder & Holding, was formed. While he has at all
times enjoyed an active general practice, he is better known as an admiralty
lawyer. The firm no doubt has the largest admiralty practice of any firm
located anywhere in the lake region of this country. They are employed on
one side or the other of almost every important case. He has successfully
fought every effort made by the railroads to bridge the Detroit river, and has

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291

clearly demonstrated that it is practicable to tunnel the river. He is the gen-
eral counsel for the Lake Carriers' Association and one of the leading spirits
in its work. Mr. Goulder is a director in a number of transportation, finan-
cial and mining companies. He is a representative citizen, taking great pride
in his native city, and is always ready and willing to take an active interest in
anything that will tend to promote its good and welfare. He is a director of
the Cleveland Chamber of Commerce, and a member and chairman of some of
its most important committees. In politics he is a Republican, but has never
held office. In 1878 Mr. Goulder married Mary F. Rankin, daughter of Rev.
J. E. Rankin, D. D., president of Howard University. There are no children
by this union.

ALFRED KELLEY, 1789-1859. The history of the State of Ohio, and par
ticularly the Western Reserve, presents few equals and no superiors to the
Honorable Alfred Kelley, in strength and integrity of character and versatility
of achievement. He proved himself the equal of his distinguished ancestors.
His great-great-grandfather, Joseph Kelley, was one of the first settlers of
Norwich, Connecticut, whence his great-grandfather, Joseph Kelley II.,
removed to Yermont at an advanced age, and died in 1814. Daniel Kelley,
the grandfather of Alfred, was born and brought up in Norwich, where Daniel
Kelley II., Alfred's father, was born, November 27, 1755. Daniel Kelley II.
was married January 28, 1787, to Jemima Stow, a daughter of Elihu Stow,
and a sister of two prominent judges, Joshua and Silas Stow, of Lowville, New
York. Alfred was one of a family of six sons, and was born in Middletown,
Connecticut, November 7, 1789. When he was nine years of age the family
moved to Lowville, New York, where his father was principal judge of the
Court of Common Pleas of Lewis county, and also one of the founders of Low-
ville, Academy and president of its board of trustees. The family moved to
Cleveland, Ohio, subsequently, where Daniel Kelly served as president of the
village from 1816 to 1819. He was one of the incorporators of the "Cleveland
Pier Company;" was the fourth postmaster of Cleveland, and died August 7,
1831. Alfred Kelley received his education in the academy at Fairfield, New
York, and read law at Whitesborough with Jonas Piatt, one of the judges of the
Supreme Court. In the spring of 1810, with Joshua Stow, his uncle, and some
others, he made the journey to Cleveland on horseback. His arrival was most
fortunate for him as well as for Cuyahoga county, whose courts had just been
organized. Although there was one lawyer in Cleveland at that time, he had
never entered upon active practice, so it may be claimed Mr. Kelley was the
first lawyer of the village. On the 7th of the following November, the
twenty-first anniversary of his birth, he was admitted to practice on motion of
Peter Hitchcock, of Geauga county, prosecuting attorney, whom he was imme-
diately appointed to succeed. He held this office until 1821, when he declined
further appointment. The first Monday of June, 1815, Mr. Kelley was unan-
imous^ elected the first president of " Cleveland's first village official staff,"

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a position from which he resigned, being succeeded by his father, within a year.
As prosecuting attorney he brought to trial and convicted John O'Mic, an
Indian, the first person tried for murder and executed in Cuyahoga county.
The Indian was ably defended by Peter Hitchcock. In August, 1816, Mr.
Kelley was elected president of the Commercial Bank of Lake Erie, the first
bank established in Cleveland. It failed in 1820 ; was reorganized in 1832,
and resumed business after paying off its liabilities, consisting of less than
$10,000, due the treasurer of the United States. In 1814 he was elected repre-
sentative in the State legislature, and was the youngest member of that bod\r.
He continued to represent Cuyahoga county at intervals until 1822, when
he was appointed one of the canal commissioners. As early as 1820
there was some legislation in Ohio on the subject of joining Lake Erie and the
Ohio river by a canal, and on the 31st day of January, 1822, an act was passed
authorizing the appointment of a commission to examine into the feasibility
of the project. The act named the commissioners. Alfred Kelley was super-
vising commissioner during its construction, performing his duty with such
fidelity and economy that the actual cost did not exceed the estimate. The
dimensions of the Ohio canal were the same as those of the Erie canal of New
York, but had almost double the number of locks, and yet the Erie canal cost
$19,679 per mile. The Ohio canal cost $15,300 per mile, being less than that
of any other canal constructed on this continent. The work was finished about
1830. The labor, for w T ant of adequate facilities, was onerous, but Mr. Kel-
ley's indomitable will and iron constitution overcame all obstacles. He neither
charged nor received pay for his first year's services, and received only three
dollars a day for the remainder of the time ! During the construction of the
canal Mr. Kelley moved to Akron, and later to Columbus, where he resided the
remainder of his life. The eight years he had devoted to the exacting duties
of canal commissioner told heavily upon his health. When the work was com-
pleted he resigned, and retired to private life. In 1836, however, he was
elected to the State legislature from Franklin county, and was his own succes-
sor for two following terms. In the presidential campaign of 1840, Mr. Kelley
was chairman of the Whig State central committee. The same year he was
appointed State Fund commissioner, where he displayed his accustomed force
and integrity. Ohio, like most of her sister States, was tempted to be dishonest,
but thanks to Alfred Kelley she did not yield to the temptation. A strong fac-
tion in the legislature in 1841 and 1842 advocated the non-payment of the inter-
est accruing upon the State debt, and even the repudiation of the debt itself.
Mr. Kelley, feeling keenly the impending disgrace to his State, went to New
York and succeeded in obtaining a loan of nearly a quarter of a million dollars
on his own personal security. With this the interest on the State debt was paid
when due. He was one of a committee of three that adjusted the matter and
saved the State's credit. Mr. Kelley was elected to the State Senate in 1844.
While senator he drafted the bill to organize the State Bank of Ohio, and other
banking companies, which was almost universally conceded to be the best bank-
ing law then known in American legislation. While in the House, in 1818, Mr.

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293

Kelley was the author of the first bill to abolish imprisonment for debt ever
presented to a legislative body. It did not become a law, but he clearly fore-
saw that sooner or later justice would demand such a measure. In a letter to
a friend he said : " The time will come when the absurdity as well as the
inhumanity of adding oppression to misfortune will be acknowledged." Mr.
Kelley became president of the Columbus & Xenia Railroad at the close of his
senatorial term, to which he devoted his energy and influence until it was
completed. In 1847 he accepted the presidency of the Cleveland and Cincinnati
Railroad, and new life was instilled into the enterprise, which had languished
for several years. Under his management it was completed in February,
1851. It is related that he dug the first wheelbarrow full of earth and
dumped it to save the charter, by a show of work, on the right of way, and
as a compliment he was allowed to lay the last rail. In 1848 Mr. Kelley
became one of the projectors of the Cleveland, Painesville and Ashtabula Rail-
road, and in 1880 became its president. He resigned the presidency of these
roads on their completion, but remained a member of their several directories
until his death. Mr. Kelley was again a member of the Ohio senate in 1857.
His physical strength was much impaired, but he attended the sessions and
was influential in passing important laws — especially in relation to taxes. He
died December 2, 1859, leaving behind him many valuable monuments of his
patient, useful toil. He was married in 1817 to Mary S. Wells, of Lowville,
New York, and eleven children were born of the union.

SAMUEL HOWARD HOLDING, Cleveland. Mr. Holding was born in
Philadelphia, Pennsylvania, January 27, 1858. On his paternal side he is
of English ancestry. The first of his ancestors in this country settled upon
the eastern shore of Maryland about 1763. His grandfather removed to
Smyrna, Delaware, where Mr. Holding's father was born, who in 1854 re-
moved to Philadelphia, in which city he subsequently became engaged in mer-
cantile business. He died in 1865. His maternal ancestors were Scotch on
one side and French Huguenots on the other, the former being among the
early settlers of Baltimore, Maryland, and the latter being among the first of
those exiles to settle in Virginia. Mr. Holding received a public school and
academical education. In 1877 he commenced the study of law under the
direction of Robert Emmett Monaghan, of West Chester, Pennsylvania, and
later in the office of Daniel Dougherty, of Philadelphia. He was admitted
to the Bar March 11, 1880, and shortly thereafter came West to practice,
locating in Cleveland, August 7, 1880, as attorney in the legal department of
the Cleveland, Columbus, Cincinnati and Indianapolis Railway Company. He
resigned his position October 1, 1886, and went to Cincinnati as member of
the firm of Matthews, Holding & Creve. Withdrawing from this firm January
1, 1888, he again entered the legal department of the same railway as assistant
general attorney. He remained with the company after its consolidation

294

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under the name of the Cleveland, Cincinnati, Chicago and St. Louis Railway
Company. On December 1, 1892, he was removed to Cincinnati, where the
general offices were located, and resigned January 1, 1893, to form a partner-
ship with. Harvey D. Goulder, in Cleveland, under the present firm name,
Goulder & Holding. During his connection with the railway company he
engaged in the trial of cases throughout Ohio and Indiana, and since that
time he has been a special attorney for the trial of cases for that company.
The firm has a very large admiralty practice along the great lakes, besides
business of a general nature. Mr. Holding is a Democrat, but never held office.
He was a delegate to the National Convention at Chicago in 1896, but disa-
greed with the platform and was one of the first to withdraw from the conven-
tion. He was one of the forty-five who determined upon the organization of the
National Democratic party in the " Sound Money Conference" of Democrats
from eleven States, which assembled at Chicago, July 23, 1896. He after-
wards represented Ohio on the Provisional National Committee and is now
State chairman of that party.

WILLIAM L. McELROY, Mount Yernon. The subject of this biography
was born near Howard, Ohio, October 6, 1865. His father, James R. McElroy,
was of Scotch-Irish descent, and his mother, Frances E. Mast, of German and
Scotch, lineage. He was reared on his father's farm, engaged in the usual
farm work and attended the district schools until he was fourteen when he
entered Butler University, at Irvington, Indiana. After remaining there one
year he went thence to Bethany College, West Virginia, where he pursued the
classical course, from which he was graduated, receiving the degree of Bachelor
of Arts, June 18, 1886. His scholarship entitled him to first honors of his
class and to him was awarded the honor of delivering the Greek oration. Mr.
McElroy, having completed his scholastic education, returned to his home in
Ohio and entered the law office of William M. Kuns, at Mount Yernon, under
whose instruction he was fitted for the Bar. December 6, 1887, he was
admitted by the commission of the Supreme Court at Columbus to practice in
all the courts of the State. Immediately thereafter he opened an office and
entered upon the practice in Mount Yernon. August 11, 1888, he was nomi-
nated in the Republican county convention for prosecuting attorney, and on
the 6th of November following was elected, being the first Republican to hold
that office for more than twenty years. Mr. McElroy has been successfully
engaged in the practice continuously since his admission to the Bar, devoting
himself to litigated cases. He studies his cases well and is widely informed in
the law as well as general literature. He takes an active interest in politics
and has been frequently chosen a delegate to district and State conventions of
his party. In 1894 he received the hearty support of the Knox county delega-
tion in the Congressional convention of the Fourteenth District held at Mount
Yernon. He is still unmarried and resides with his aunt, Mrs. Catherine Cole-
man. Mr. McElrov' is a bright young lawyer of good abilities, studious habits

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295

and high promise. With his intellectual equipment, classical scholarship,
application to the business of informing himself in the literature of his profes-
sion, his prospect of success as a lawyer is unclouded, provided he continues
to give his whole mind and all his talents to the profession. There is little
doubt indeed of his attaining distinction at the Bar before reaching middle
life. Should he be influenced by the guilded promises of politics and seek
preferment at the hands of his party, his ambition, personal character, knowl-
edge of practical politics and undoubted qualifications for public office will be
serviceable in securing for him high position.

MICHAEL DONNELLY, Napoleon. Judge Michael Donnelly was born in
Henry county, Ohio, August 18, 1856, of parents who emigrated from Ireland
and settled on a farm in that county. During boyhood he worked on the farm
and attended the public schools. At the age of sixteen he entered the famous
Normal University at Lebanon and completed the course therein, teaching a
part of the time in order to support himself and make practical use of his
acquirements. He was graduated in 1878, and took up the study of law in the
office of Honorable Justin H. Tyler, at Napoleon. At an early age he discov-
ered in himself a very strong inclination toward the law, and his purpose to
qualify himself for practice was formed while yet a school-boy. This purpose
was resolutely maintained, and he therefore engaged in the preliminary reading
with heartiness and zest. He was admitted to the Bar in December, 1880, and
was at once received into a partnership by his preceptor, Mr. Tyler, under the
firm name of Tyler & Donnelly. This partnership was maintained until 1886,
when Mr. Donnelly was elected Probate Judge of Henry county, as the candi-
date of the Democratic party. Before the close of his first term he was re-
nominated and re-elected, serving as judge for six years. Upon retiring
from the Bench he resumed the practice of law and succeeded in estab-
lishing himself in a profitable business while building up and extending his
reputation as a lawyer. In 1894, he received the Democratic nomination for
judge of the Court of Common Pleas, but was overtaken by the Republican
landslide which buried all opposition in November of that year. Even candi-
dates for the judiciary did not escape. Mr. Donnelly's activity in support of
his party for fifteen years prior to that time, and his astuteness as a politician,
counted for naught in a campaign like that of 1891. An overwhelming
majority of the people took occasion to register a protest against certain poli-
cies inaugurated at Washington, and many voters, either discontented or
displeased, remained away from the polls and permitted the opposition to
register the protest. Mr. Donnelly is possessed of unusual business sagacity
and a strong will. Receiving no aid from others, he learned very early the
lesson of self-dependence and self-reliance. He took the measure of his own
capacity pretty accurately by the things accomplished and the means
emyloyed, and early became closely observant of life in its various aspects and

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the affairs with which men concern themselves. He has always been practical
and methodical, working with an aim in view and making effective use of
every force or influence available for success. He was the active, working
influence at Napoleon which secured the Lima Northern Railroad for Henry
county. The projectors had other plans, intending the road should take a
different course, but the active interest and persistent efforts of Judge Don-
nelly succeeded. His activity has been uniformly enlisted in behalf of enter-
prises promotive of the public welfare. He was married July 5, 1886, to Miss
Ma}^ Vocke, of Napoleon, and has a family of one daughter and three sons.
He is a member of the Roman Catholic church. A personal friend and capable
member of the Bar furnished the information that Judge Donnelly's strong
point is his remarkable faculty for business. He is naturally and easily a
money-maker. His instinct for business is keen, his sense of adaptation strong,
and his discernment clear. His mind works rapidly and accurately. He is
quick to apprehend every point in a law case or business transaction. He aims
directly at the principles of the law on which any case depends, and devotes
himself with tireless industry to the search and examination of authorities,
either sustaining or combating his theory. He studies sedulously and is
exceedingly accurate in the preparation of his pleadings. He has laid a sub-
stantial foundation in the law, and is careful as well as methodical in the trial
of cases. He presents and sums up his cases before a court and jury in admir-
able style, and at the same time very effectively. He reasons well and power-
fully. He has built for himself an irreproachable character, and has maintained
a spotless reputation in his domestic relations as well as the larger arena of his
professional and business activities. His gentleness is indicated by his abound-
ing love of children.

WALTER, C. ONG, Cleveland. Honorable Walter C. Ong, judge of the
Court of Common Pleas, was born in Smithfield township, Jefferson county,
Ohio, on the 24th day of November, 1851. His father, Moses H. Ong, was a.
farmer and a native of Ohio, whose grandfather, a Quaker minister, came to
the State at the beginning of the present century from Westmoreland county,
Pennsylvania. The Ongs are of English descent. Members of the family
emigrated to America and settled in Pennsylvania not long after William
Penn founded his Quaker colony. His mother, Mary Cane, was a native of
Ohio and was descended from Scotch stock. Her family settled first in Vir-
ginia and came to Ohio in the early days. Young Ong's primary education
was obtained in the district schools, from which he was received into the high
school at Mt. Pleasant, Ohio. Afterwards he entered Richmond College,
where he was graduated in 1870, after completing the classical course. Hav-
ing selected law for his profession he entered the law office of W. P. Hayes at
Steuben ville, where he remained one year. He then entered the Law Department
of the University of Michigan, in which he derived much benefit from lectures
by the first and probably the greatest faculty of that Department— Thomas

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297

M. Cooley, the late James Y. Campbell and the late Charles I. Walker — all of
whom were not only eminent in the profession, but also exceptionally capable
and masterful instructors. He was graduated as a Bachelor of Laws in 1874.
Returning to Ohio at once he went to Columbus and was admitted to the Bar
of the State by the Supreme Court. He commenced practice at Steuben ville
alone. In the fall of 1875 he was elected prosecuting attorney of Jefferson
county, and subsequently was re-elected, serving two terms of two years each.
In 1879 he formed his first partnership, with Charles Reynolds, the firm being
Ong & Reynolds. This partnership lasted only a year, when it was dissolved,
and he became associated with John A. Mansfield, now of the Common Pleas
Bench. The style of this firm was Ong & Mansfield, and the partnership
lasted until 1882. Mr. Ong having determined to locate in Cleveland, arrived
there June 27th of that year and at once opened an office and practiced alone
until 1881, when he formed a co-partnership with F. C. McMillan, under the
name of Ong & McMillan. This relation was continued six years. On January
1, 1891, he formed a partnership with Walter Hamilton, a son of Judge E. T.
Hamilton, who was for twenty years a judge of the Court of Common Pleas
at Cleveland. Ong and Hamilton remained together until the 1st of Febru-
ary, 3 891. On the 9th of February in that .year Judge Ong took his seat on
the Common Pleas Bench, to which he had been chosen at the fall election in
1893. From 1886 to 1888 Judge Ong represented the Twentieth ward in the
city council. He is a Republican with convictions on the subject of finance
and coinage, and is enrolled with the members of his party who openly declare
themselves in favor of independent bimetalism. Judge Ong while at the Bar
enjoyed a large practice. He is quick and outspoken, always having the cour-
age of his convictions. He is a fair, impartial judge and has shown great
clearness and force in the interpretation of the. principles of law. In 1875 he
married Anna M. Mansfield, and there are two children from the union, a
daughter and a son.

ELGIN A. ANGELL, Cleveland. E. A. Angell was born at Hanover Centre,
Chautauqua county, New York, on the 14th day of August, 1849. His father,.
C. D. Angell, has for years been in the oil business, and now engaged at Pitts-
burg in the buying and selling of oil lands. On the paternal side he is
descended from Thomas Angell, who came over with Roger Williams in 1632^
and was related to him. The family settled in that part of New England
known as the Providence Plantations, afterwards Rhode Island. The great-
grandfather went to Berkshire county, Massachusetts, in 1778, and thence to
New York State, where he died. The grandfather was one of the pioneers of
western New York. His mother, Lucina Sheppard, was born in central New
York, her family being among the earlier settlers of that part of the State-
At the age of thirteen Elgin was sent to the Belleville Seminary, at Belleville,
Canada, where he remained for two years. On his return home he remained
out of school for three years, and during this time received instruction at home.

298

BENCH AND BAR OP OHIO.

In 1869 he entered Harvard College, taking his degree of B. A. in 1873.
After graduating he at once entered the law department of the college and
took his degree of LL.B. in 1875. In college he was a close student of history
and political economy. This no doubt greatly influenced him in the selection
of law as his profession. In the spring of 1876 he was admitted to the Bar at
Youngstown, where he practiced for ten months. He then removed to Cleve-
land and practiced alone until 1884, at which time he formed a partnership
with Mr. J. H. Webster, the firm being Webster & Angell. Mr. Angell, while
active in the practice of the law, has found much time to devote to historical
and economic questions, has written many articles on these subjects and deliv-
ered a number of addresses. A recent and very able paper on " The Tax
Inquisition System in Ohio " was published in the February number of the
Yale Review. In 1893 he was appointed by Governor McKinley a member
of the Ohio tax commission, serving until the first of January, 1894, when the
commission made its report. Since that time he has served on two committees
appointed by the Cleveland Chamber of Commerce, each committee making
reports which have been published. He has been a contributor to the reviews
of this country devoted to the discussion of economics. The laws of heredity
teach us that man is the sum of his ancestors, but to view him properly .we
must take into account all the modifications of education and surrounding cir-
cumstances. On both sides of the house the subject of this sketch is descended
from historical families, who have contributed much to the glory and good of
our country. With a thorough education and a broad, practical experience
acquired before reaching the prime of life, it is safe to predict greater achieve-
ments. As a historical and economic writer and in his profession as a lawyer
his influence in the communit}' has been felt. By the Cleveland Bar he is
considered an authority on all questions relating to taxation. A man of high
moral character, straightforward, prompt and candid in all business and social
duties, he has the respect and confidence of all who know him. Until three
or four years ago his practice was of a general character, not confined to any
particular branch of the law. Now, however, it is confined almost entirely to
litigated patent cases. He does no soliciting, leaving that to the regular
patent solicitor. In politics he is a .Republican, but he has never been an office-
seeker and has never held political office, preferring to devote himself to the
work for which he is so ably equipped and well suited. He has, however,
made a number of political speeches. In 1887 he married Lily Curtis, of Con-
necticut, and by the union has two children, a son and daughter, both living.

ALBERT J. MICHAEL, Cleveland. A. J. Michael was born in Ross county,
Ohio, October 12, 1849. His father, John Michael, a farmer, was the first
child in his family born in the State after his parents moved from Baltimore,
Maryland, and located in the Virginia Military District. Mr. Michael is
related to Thomas Jefferson, his grandmother on his paternal side being a

Benjamin F. Power

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299

niece of Jefferson. His mother, Katharine Hauser, was also the first child in
her family born in Ohio after her parents came to Eoss county from Lees-
burg, Virginia. On the maternal side he is related to the McDowells of Vir-
ginia, one of whom was governor of that State. On both sides of the house
he is of English extraction. Young Michael's early education was obtained
in the public schools at Chillicothe. In 1869 he entered Ohio University,
graduating with honors in 1872. Afterwards he took a special course in Har-
vard University, at Cambridge, Massachusetts. Having been compelled to
educate himself he found himself in debt when his collegiate education was
completed. He accepted the superintendency of schools at Monroeville, Ohio,
which position he held for five years. Afterwards he held a similar position
for one year at Youngstown. Having determined upon law as his profes-
sion when in College, he devoted as much time as could be spared to the
study of law. In 1880 he came to Cleveland and entered the office of Judge
Q. E. Pennewell, under whose directions he completed his studies, and in 1881
was admitted to practice. He at once opened an office, and has since devoted
himself industriously to his profession. He now enjoys a large and lucrative
business. Mr. Michael has always practiced alone, never forming a partner-
ship. In politics he is a Republican, always taking a great interest in the
work of his party, and whenever necessary has given much time to public
speaking. In the last campaign he made many speeches for McKinley. Mr.
Michael was for one term (two years) a member of the Cleveland city council,
the second year of the term being the president of that body. He served one
year as a member of the park and boulevard commission, rendering most
valuable services to that important body. He was for fifteen years a member
of the board of examiners of public school teachers for Cleveland, and for
nine years president of the board. Mr. Michael is highly respected in Cleve-
land. He is industrious and painstaking in his work, and has shown marked
abilit\ T in his profession for one so young in practice. He has never married.

BENJAMIN F. POWER, Zanesville. Mr. Power was born near McConnells-
ville, June, 1837, and died at Zanesville, September 8, 1895. During all the
interval of fifty-eight years he was a resident of the Slate of Ohio. His
parents were both natives of Virginia. They emigrated to Ohio in 1837 and
settled on the farm where Benjamin was born. The family was numerous,
and the father's means were limited, necessitating the incessant labor of the
sons for the common support of all the members. On this account the early
education of Benjamin was sadly neglected. He never attended school of any
kind until he reached the age of sixteen. He had mastered the common
branches usually taught in the public schools of that day at home, so that after
attending school for a period of eighteen months he received a certificate to
teach in the district schools, an avocation he followed for several years during
the winter, attending Ohio University, at Athens, during the summer. He

300

BENCH AND EAR OF OHIO.

had decided on the law profession for his life work and occupied his leisure
hours while teaching in the study of law privately and under the instruction
of the late Judge Hanna, of McConnellsville. In the meantime the civil war
broke out, and his sense of duty to his country impelled him to sacrifice per-
sonal ends for his country's welfare. He enlisted in Company C, 122d Ohio
Volunteer Infantry, August 16, 1862, at Zanesville, for three years or during
the war. While in camp at Zanesville, before going to the front, he passed
examination before the Circuit Court and was admitted to the Bar to practice
in the courts of the State. After a few months' service in the Shenandoah
Valley of Virginia his regiment was attached to the Army of the Potomac,
and was with it to the end of the war. Mr. Power entered the ranks as a
private, was promoted to first sergeant, commissioned first lieutenant June 27,
1864, and captain December 7 of the same year. He, with his regiment, par-
ticipated in Grant's Virginia campaign, and was in the engagements at Front
Royal, the two weeks' fighting in the Wilderness, Spottsylvania Court House,
Cold Harbor, Bermuda Hundred, Petersburg and the Monocacy and the wind
up at Sailor Creek and Five Forks. He was mustered out of the service after
taking part in the grand review at Washington in July, 1865, at Columbus,
Ohio. Returning to his home in Morgansville, in Morgan county, he soon after
began the practice of his profession at McConnellsville, in partnership with
Colonel William H. Ball, who in later years became one of the most
prominent attorneys at Zanesville, and for several years judge of the Court of
Common Pleas of Muskingum county. Mr. Power was the inventor and
patentee of an elliptic spring for use in railway cars and road vehicles. The
law firm of Ball & Power was dissolved after several years' duration to permit
Mr. Power to give his attention to the manufacture of this spring, a company
having been organized for that purpose. The spring came into general use on
railroad cars, and there was a time when Mr. Power could have sold out his
interests in the business and patent to great pecuniary advantage. The man-
ufacturing business proved disastrous in the end, on account of the J. Cook
& Co.'s failure, which caused the worst financial disasters in manufacturing in
the history of our country, and he lost both his investment and time given to
the business. After the failure of this venture he returned to McConnellsville
and resumed the practice of law alone, continuing there for several years,
when he removed to Zanesville, forming a partnership with Judge
W. A. Brown, of that city. This association continued until Mr. Power
removed to Dresden, in 1871. He resided there, practicing his profession for
six years, and during that time built up a large practice. In 1880 he was
elected prosecuting attorney of Muskingum county, and was re-elected a
second term in 1881. Accepting the office of prosecutor made it necessary to
remove to Zanesville, and at the close of his official term he continued to
practice in that city, in partnership with Mr. H. F. Achener, which continued
for about two years, when the firm was dissolved and a partnership was
formed with his son, Edwin E. Power, under firm name of Power & Power,
which remained in effect until the death of the senior member of the firm.

BENCH AND BAR OF OE1IO,

301

Mr. Power was a typical representative of the self-made men of the country.
He had no education until he himself realized the necessity for it, and then it
was obtained entirely by his own efforts. He achieved distinction in the
military service, and rose to a prominent position in his profession by virtue
of his own indomitable will, perseverance and force of character. Asa lawyer he
achieved the greatest success in criminal practice, though he made no claim of
being a specialist in this line of business. He was the author of the system
under which the Zanesville work house is operated, which has proved so
beneficial that it has been duplicated by many other towns and in other
States. Pie was a prominent factor in bringing about the erection of the
beautiful Memorial Building in Zanesville, by Muskingum county, for the
benefit of the soldiers and sailors of the volunteer army of 1861-5. Mr.
Power was a member of the Democratic party, of which he was a leader for
many years in the community where he resided. While active in party man-
agement, he never sought preferment for himself, the only office he ever
accepted being in the line of his profession. He was a member of the I. O. O. F.
and the G. A. R. He affiliated with the Christian Church, of which he was
an honored member. He was married in 1860 to Miss Aurelia M. Scott,
daughter of Alvin and Melissa Scott, of McConnellsville. They had five sons,
of whom Edwin E. was the eldest. Mr. Power was recognized as a useful
citizen and was highly esteemed. Said a prominent attorney of Zanesville:

4t B. F. Power was one of our successful lawyers, though as a jurist he
did not rank in the highest class. His greatest ability was as an advocate and
trial lawyer. He was a man who had excellent command of himself on his
feet, and his ability to state before a jury all he knew about a case in the
strongest form was remarkable. In some respects he was a brilliant man, but
was not particularly fond of study or office details of the profession. I do not
wish to be understood as implying that he was disinclined to work; he was an
industrious man. His mind was too active to contentedly dwell on abstract
questions of law. The active part of the practice suited him better, and he
was also better adapted by nature for the trial and argument of cases. He
had a very receptive mind, quick perception, and an extensive vocabulary —
qualifications that fitted him well for a trial lawyer. His reputation as a
criminal lawyer was high, and as an office lawyer he was above the average.
He was a man of great versatility, and would have been successful in business
had he devoted himself to that instead of a profession. His military record
was excellent. He was a brave soldier, and arose to a command because of
conspicuous gallantry on many fields of battle. He was a useful citizen, and
had the esteem of the public of the community as well as of the profession."

Edwin E. Power, successor to Power & Power, is a native of Morgan
county, and his literary education was obtained largely in the public schools
of Zanesville. He graduated from the high school of that city, after which
he took a course in the Ohio University, at Columbus. In 1889 he took up the
study of law in his father's office, and in 1892 was admitted to the Bar by the
Supreme Court. He at once entered on the practice of his profession, in part-
nership with his father, and has ever since been in active practice alone, since
his father's death. He had the prestige of an established business, and is

302 BENCH AND BAR OF OHIO

maintaining himself well in the practice of law. He is a member of the order of
Red Men and of the Masonic order. In politics he is a Democrat, and is quite
active in local party management ; was chairman of the county central com-
mittee for the year 1895. He is studious and upright, and has the respect of
the profession, and of the public wherever he is known.

JAMES M. THOMAS, Chillicothe. James Milton Thomas is a native of
Ross county, the son of Archibald and Mary Norris Thomas, born April 24,
1858. He is a descendant of Samuel Thomas who emigrated to America in 1620
as one of the Mayflower's sturdy passengers and settled in New England.
His grandfather, Samuel Thomas, and grandmother, Jane Payne, were both
natives of Maryland who married and lived in Virginia until 1818, when they
moved to Ohio and located a homestead in that part of Ross county which is
now included in Pickaway. The locality was known as the Deer Creek settle-
ment. That homestead scattered three generations of the family, two of whom,
the father, who was born in Virginia in 1814, and grandfather of our subject,
died there. Both the Paynes and Thomases are of Welsh descent. Archibald
Thomas was the only son of Samuel Thomas and Jane Payne, but had three
sisters. He Was highly respected in the community and lived until 1888. He
was married twice, the first time to Miss Sarah Ater, by whom he had two
children: William A., who is a citizen of Pickaway county, and Mary A., wife
of John J. Junk, of Judsonia, Arkansas. His second wife was Mary E. Nor-
ris daughter of Leonard and Dorothy Shepard Norris, who were likewise
nativesof Maryland. Her grandfather, Arnold Norris, was an officer of the Rev-
olutionary army, in which other relatives also rendered valiant service. James
Milton was the sixth of nine children born to Archibald Thomas and Mary E.
Norris, his second wife. He sprang from patriotic and puritan ancestors,
brave and reliable in the military service of the country and true to their con-
victions in the civil service. He worked on the farm and attended the district
school until he was seventeen years of age, having qualified himself for teach-
ing in the meantime. For three years thereafter he engaged in teaching and
in 1879 entered Ohio Wesleyan University, at Delaware, with a view to com-
pleting his scholastic education. He did not remain for the full course, but
resumed teaching at Clarksburg and at the same time pursued the study of
law in its preliminary stages. Afterwards he continued his legal studies in the
office of Judge William H. Safford, until his admission to the Bar in June,
1884, and then immediately entered upon the practice in Chillicothe. Having
a good knowledge of the principles of law, a general acquaintance in the com-
munity and the full confidence of the' public, as well as his colleagues at the
Bar, he soon built up a profitable practice, which continued to increase until
1893, when he was elected Judge of Probate. Judge Thomas is an active
member of the Republican party, whose candidate he was for ma} T or in 1885.
The Democratic majority was too great to be overcome, but he succeeded in

riic Century PuMisluiiy &Cnymvi/iy Co . Chi c ay o-

James M. Thomas.

BENCH AND BAR OF OHIO.

303

reducing it about one-half. lie was married October 18, 1887, to Miss Flora E.
Wayland, whose father is a merchant of^Chillicothe. Four children are the
offspring of this marriage : William A., Julia E., Lulu W. and Virginia E.
His membership with that of his family is in the First Presbyterian Church of
Chillicothe. The only fraternity or benevolent society to which he belongs is
the Order of Elks and in this he is prominent.. The opinions of prominent
associates of the Bar may be accepted as the basis of a correct estimate of his
qualities and characteristics. One says:

u Judge Thomas is universally popular, is genial, social and very approach-
able. Although a young man he has been very successful; is very thorough
in whatever he undertakes and is more concerned about doing his duty than
to secure fame. He stands very high socially. He had a fine office practice
and a large business in settling up estates; his advice was sought and trusted
by all."

A judge of high reputation says:

" Judge Thomas is a man of good education and fine intellect — a solid
man; not particularly brilliant, but a sound, safe man of good judgment; a
safe counsellor who stands as well as any young man at this Bar. He is uni-
versal^ popular; has a good legal mind, well versed in the principles of the
law ; is a very good trial attorney, quick to discern the strong points in his
case and careful to avoid those that endanger it ; is a fine commercial lawyer,,
but is more than a commercial lawyer — a universal lawyer is more appropri-
ate. He is a pleasant speaker, has a ready use of language and a nice dis-
crimination of points. In his present position he is rendering great satisfac-
tion ; is upright and thoroughly honest, and his judgments are usually satis-
factory."

ANDREW R. BOLIN, Circleville. Honorable A. R. Bolin, a native of the
city in which he resides, was born in January, 1849. His parents were John
P. and Mary A. (Brannon) Bolin, the former of French and the latter of Irish
descent, and both natives of Martinsburg, West Virginia. Mr. Bolin's pater-
nal grandfather came to America from France in the early part of the present
century and lost his life in defense of his adopted country during the War of
1812. He died at Norfolk, Virginia. At that time the family name was
spelled Boleyn, but the succeeding generation dropped the "y "and eventually
adopted the present mode of spelling the name. John P. Bolin, the father of
our subject, married and came to Ohio in 1834, settling first in Jackson town-
ship, but later removed to Circleville, where he engaged in contracting and
building, but spent the later years of his life at Harrisburg, Franklin county,
in the vocation of a hotel keeper. Andrew was the youngest in a family of
seven children ; his preliminary education was in the public schools of his
native town, but at the early age of twelve years he was thrown on his own
resources. Young as he was he appreciated the value of an education and
bent all of his slender resources in that direction. At the age of seventeen he
had completed the course in the Circleville public schools, then followed teach-
ing and other avocations by which he could earn an honest penny. In 1867

304

BENCH AND EAR Ol; 1 OHIO.

he entered Miami University at Oxford, Ohio, and was graduated from that
institution four years later with the degree of Bachelor of Arts, receiving the
honors of his class. At a later period the faculty conferred upon him the
degree of Master of Arts. Mr. Bolin had chosen the law profession for a life
work and immediately after leaving college took up legal studies which he
pursued for about one year, first with Judge 01ds,'now of Columbus, and later
with Henry F. Page, a leading member of the Circleville Bar, now deceased.
In 1872 he entered the Law Department of the Cincinnati College, from which
he was graduated the next year with the degree of Bachelor of Laws. He
was admitted to the Bar in the same year and at once entered upon the prac-
tice of his profession at Circleville among the friends of his youth by whom
he was honored and respected for the gallant up-hill fight he had made to get
a start in life. His natural ability, fine attainments, and industry soon
brought him into prominence in his profession and obtained for himself a cli-
entage that extended far beyond the usual boundaries of the Pickaway county
Bar. - He has taken an active part on one side or the other in most of the
important litigations that originated in his county during the past twenty
years. A few of the cases in which he took a leading part that attracted
widespread attention was the "Thomas Brown Will Case," involving some
$300,000 worth of propert}^ in which he succeeded in his contentions for
sustaining the will. Another will case that was important in which he w T as
one of the counsel was the McArthur case, in which on the different sides of
the case were engaged many of the most eminent lawyers of the State. One
of the most hotly contested cases ever tried in Pickaway county was what
was known as the Bond-Kenick Contract case. Mr. Bolin was one of the
leading counsel for the plaintiff, assisted by Job E. Stevenson, A. J. Cunning-'
ham and J. K. Love, of Cincinnati. The trial occupied six weeks and cost
nearly $25,000. The defendants won, but the verdict was set aside and a
new trial granted, and finally the case was compromised. He has also estab-
lished more than a local reputation as a criminal lawyer, and in that capacity
is often called to practice in outside districts. He in recent years defended
four murder cases, that of the State of Ohio vs. Bechtel ; State vs. Newlen ;
the State vs. Shaw, and the last one the State of Ohio vs. Josephine Purcell,
which was tried in July, 1896. In every case he obtained a verdict of acquit-
tal except the first one,, Bechtel. He received a penitentiary sentence. He is
known as a working attorney, and never slights the drudgery of the profes-
sion. He prepares his cases thoroughly and tries them on their merits. He
sticks close to his practice and has never held office or engaged in any outside
business that took his attention from his professional work except as a member
of the general assembly of Ohio. One of his senior colleagues of the Circle-
ville Bar, in referring to the professional side of his life, observed :

" Mr. Bolin is a good all around lawyer and has made himself from the
start without the aid of money or influential friends. He arose in his profes-
sion by virtue of hard work and natural ability. He is very unassuming in
his manner and is affable and courteous in his bearing towards his fellow men

BENCH AND BAR OP OHIO.

305

whether he meets them at his home, in public places or in the court room. He
has always been a close student, but has not confined himself to his law books ;
his readings have covered a wide range of subjects and this no doubt has con-
tributed in a large measure to his success as a trial lawyer and a public
speaker. He has a logical mind and is able to clothe his thoughts in clear,
concise and forcible language, and in the trial of important cases, or on the
platform, under the spur of deep feeling his addresses are often truly eloquent.
An)' man who is gentlemanly in his deportment is apt to be graceful in bear-
ing, and Mr. Bolin is no exception to the rule. He is a man of keen percep-
tions and always ready to take any fair advantage, but never stoops to trick-
ery, or anything that could be construed as unprofessional. As a lawyer he
stands high and as a citizen he has the respect and esteem of the entire com-
munity. In his political affiliations he is Democratic, and takes an active
interest in advancing its principles, both with his ballot and on the public ros-
trum. As a campaign orator he has quite a reputation, often being called into
border States to talk for his party."

In 1880 he was a candidate for presidential elector on the Hancock ticke^
and in 1888 he was the nominee of his party in this congressional district, but
as it had at that time a nominal Republican majority of 4,000 he was not
elected ; but his popularity was such that he reduced this by nearly 1,500 votes.
He is prominent in Masonic circles, is Past Master of the Blue Lodge, High
Priest of the Chapter and Eminent Commander of the Scioto Commandery
Knights Templar of Circleville, a thirty-second degree Mason and a Shriner,
and has been a delegate to the grand bodies. Mr. Bolin was married April 8,
1875, to Miss Sophronia Rector, daughter of Edward and Sophronia Rector,
one of the oldest and most prominent families of Pickaway county. They
have two children living : Stuart R. and Mabel E. Bolin.

VIRGIL P. KLINE, Cleveland. Virgil P. Kline was born at Congress,
Wayne county, Ohio, on November 3, 1844. When a small boy his parents
moved to Conneaut, Ashtabula county, Ohio, where he attended the common
schools. He was prepared for college in the Eclectic Institute at Hiram,
entered Williams College in 1864, and was graduated in 1866. After gradua-
tion he was superintendent of public schools at Cuyahoga Falls, Ohio, for two
years. In 1869 he moved to Cleveland and began the study of law in the
office of Albert T. Slade, and was admitted to the Bar in 1870. He immedi-
ately formed a partnership with his preceptor, under the firm of Slade &
Kline, which lasted until the death of Mr. Slade in 1874. He then joined in
partnership with John M. Henderson, under the firm name of Henderson
& Kline. This firm continued until 1882, when S. H. Tolles entered the part-
nership, and it then became Henderson, Kline & Tolles, and so continued
until January 1, 1895, when Mr. Henderson withdrew from the partnership.
From January 1, 1895, to January 1, 1896, the firm was Kline & Tolles, when
another partnership was formed with W. F. Carr and F. H. Goff, the name of
the firm then becoming Kline, Carr, Tolles & Goff, and has since so continued.

306

BENCH AND BAR OP OHIO.

Mr. Kline is a lawyer of fine ability, holding the front rank in his profession.
No lawyer in the State is a more read}'- and powerful advocate, or a more
industrious student of his cases, or in a higher degree commands the confidence
of courts. He has an unusual talent for effective work and a recognized
genius for quick and comprehensive perception and safe judgment. His
clientage is made up of all classes, rich and poor. Mr. Kline has always been
a Democrat in politics and in social life. Democracy is part of his nature. In
the application of civil government to the affairs of men, he sees and advo-
cates democracy as the best means by which to establish equality in accord-
ance with justice. He has frequently been placed in nomination by his party
for judicial office, for Common Pleas, Circuit Court and Supreme Court judge-
ships, and, although always running ahead of his ticket, he has never been
elected, because when on the ticket his party has always been in the
minority. For many years he has taken a prominent part in the counsels and
campaigns of his party. Whether at the Bar, in politics, or on general sub-
jects, upon which he is often invited to deliver addresses, his speeches are
distinguished by clearness of thought and impressiveness of delivery, by learn-
ing and brilliancy. As a man, Mr. Kline occupies a prominent station among
his fellow men. Of remarkable strength of character and of unquestioned
integrity, generous in disposition and a hater of shams, his actions always
inspired by lofty purpose, no man at the Bar or as a citizen has greater influ-
ence in the community in which he lives.

JAMES M. COFFINBEKRY, Cleveland. The late James M. Coffinberry
was born May 16, 1818, in Mansfield, Ohio. He came naturally by a strong
intellect and a logical cast of mind, having inherited from his father a decided
predisposition for the law and ability of a special nature. His grandfather
was one of the very first settlers of Mansfield, and his father, Andrew Coffin-
berry, was a man of strong character and rare mental gifts, and was distin-
guished as a lawyer and pleader throughout northwestern Ohio. He was ad-
mitted to the Bar in 1813 and rode the circuit in the early days, and was in
active practice for over forty years, and until within a short time of his death,
which occurred in 1856. He was greatly respected for his exemplary habits
and purit}^ of thought, and he readily made friends through his affable and
courteous manners and his keen ready wit, which never caused a sting except
to him who really deserved it. He was known familiarly by his brother law-
yers, particularly the younger portion of them, as " the good Count Coffin-
berry," and usually behind his back, and often to his face, was called " Count."
So persistently was the term used throughout the country that many supposed
"Count" to have been his first or Christian name. Many stories are told of
the origin of this nick-name, but the most plausible one is that some one called
him "Count" because of his courtly manners ; everybody at once saw its
applicability, and in consequence the name staid with him. Andrew Coffin-

BENCH AND BAR OF OHIO.

307

berry was a poet of considerable ability and had an extended reputation as
such in his portion of the State. In 1840 he wrote an extended poena of very
considerable merit in seven cantos entitled " The Forest Rangers." It is a
vivid and stirring story of the march of General Wagner's army against the
Indians in 1749, and his final victory over them. James M. Coffinberry
attended the common schools of Mansfield, and all his early education was
obtained at them. He then studied law with his father who had moved to
Perrysburg, in Wood county, gaining practical experience in the practice of
the law while still a student by rendering assistance to his father, under advice.
In 1841 he was admitted to practice and was at once taken into partnership
by his father, opening an office at Maumee city, at that time the county seat
of Lucas county. Young Coffinberry's ability and the excellence of his train-
ing soon brought him into prominence at the Bar, which in those days meant
prominence in politics. He was elected prosecuting attorney for the county
and was re-elected for a second term. In 1845 he removed to Findlay, where
he remained for a period of^ about ten years practicing his profession with
marked success and taking a leading position among his associates. Although
he took no part in politics as a candidate for office, he had much to do with
forming public opinion and wielded much influence in political affairs. This
power he exercised as editor and proprietor of the Findlay Herald, a Whig-
paper. Mr. Coffinberry moved to Cleveland in 1855. Here he devoted him-
self exclusively to his profession and, as his reputation had preceded him, he
almost immediately found himself possessed of a fine and lucrative practice.
He had been in Cleveland but six years when he was induced to accept a
nomination for judge of the Court of Common Pleas and he was duty elected,
serving one term. Through his quick decisions of legal questions raised on
trial, his impartiality and learning he gave unusual satisfaction to the Bar.
Judge Coffinberry was particularly gifted in formulating charges to the jury.
They were essentially logical and lucid in dealing with the law of the case,
and so clearly set forth the duties of a juror in reaching a verdict that one
could rarely go wrong except wilfully. His charge to the jury in the case of
the State vs. Dr. John W. Hughes, who was indicted for the murder of Tamzen
Parsons, of Bedford, in 1865, gained for the judge a wide reputation. The case
was a celebrated one and attracted attention among laymen as well as law-
yers, and it was generally acknowledged that the charge by Judge Coffinberry
was one of the ablest ever delivered from the Bench of Cuyahoga county in a
trial for murder. While living it was written of him, "He possessed an
apparently intuitive perception of legal truths, a peculiar faculty for seizing
the strong points of a case, and great power to present his arguments in an
original and forcible manner. While appreciating the learning of the profes-
sion and ever mindful of its nice distinctions, he made them subservient to his
own broad and liberal views." This statement is remarkable in view of the
claim that while acting as judge he never had a case reversed. On leaving the
bench he resumed for a time the practice of the law, but was obliged to dis-
continue it on account of poor health. He was naturally fond of study and

308 BENCH AND BAR OF OHIO.

gave much of his time to reading upon scientific subjects and original investi-
gation. Judge Coffinberry was appointed to many offices of trust and respon-
sibility. He was one of the committee appointed by the city council to solicit
funds for and erect the statute to Commodore Oliver Hazard Perry, which
for many years was an object of artistic beauty adorning the public square of
Cleveland. He was one of the originators of the Superior street viaduct over
the Cuyahoga river, and most urgently advocated that it should be a free
bridge. In politics Judge Coffinberry was an ardent Whig until the campaign
of 1856, when he supported James Buchanan for President, and ever after affili.
ated with the Democratic party. When the War of the Rebellion broke out
he was chairman of the Democratic central committee of Cuyahoga county,
and at once became a " War Democrat " and zealout-ly worked among the
members of his party in bringing them into active support of the war. After
the great Union convention of Ohio which nominated David Tod for governor,
and over which Senator Thomas Ewing presided, he acted as the principal
secretary. In 1875 Judge and Mrs. Coffinberry met with a most painful acci-
dent. They had just returned to the city from Mount Vernon where they
had been to attend the wedding of their son. In crossing a track on the way
from the depot their carriage was struck by a freight train and both were
seriously injured, the judge suffering the loss of a leg. In Januar}', 1841,
Judge Coffinberry was married to Anna M. Gleason, of Lucas count} 1- . He
died November 30, 1891.

WILLIAM B. SANDERS, Cleveland. Mr. Sanders was born in Cleveland
on the 21st day of September, 1854. His father, Rev. William D. Sanders,
was a Presbyterian minister and a native of Ohio, whose father came to the
State in the early part of the present century, from Massachusetts, where his
ancestors were among the first New England settlers. His mother, Cornelia
R. Smith, was born in Ohio, her parents having also come from Massachu-
setts. The parents of young Sanders removed from Cleveland to Jacksonville,
Illinois, when he was about one } 7 ear old, his father becoming a professor of
rhetoric in the Illinois College. When old enough the son entered the pre-
paratory department of this college and in 1873 was graduated upon com-
pletion of its course of study. He then entered the Albany Law School at
Albany, New York, graduating in 1875, and shortly afterwards was admitted
to the New York Bar. Returning to Cleveland he became a member of the
law firm of Burke, Ingersoll & Sanders. In February, 1888, he was appointed
by Governor Foster a judge of the Court of Common Pleas for Cuyahoga
county, to fill the vacancy caused by the resignation of Judge McKinney. At
the ensuing election he was elected to the same position, having received the
nomination of the Republican party without opposition. In January, 1890,
he resigned to become a member of the law firm of Squires, Sanders & Demp-
sey, and is at the present time a member of the firm. During his official ser-
vice Judge Sanders exhibited abundant evidence of the possession of the qual-

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309

ities of mind and traits of character which serve to dignify the Bench and
invest the judiciary with the attributes which command respect and deference.
He kept the ermine pure and unsullied. He maintained the traditional scales
in equipoise. He saw clearly the rights of litigants as disclosed in the plead-
ings, but never saw the parties themselves. The personality of the plaintiff or
defendant had no weight, but the rights of each received most patient scrut-
iny from the Bench. Judge Sanders is a lawyer of marked ability and a gen-
tleman of culture. In 1884 he married Annie Otis, a daughter of Charles A.
Otis, of Cleveland. He has one daughter by this union.

JOHN CROWELL, Cleveland. Samuel Crowell was born at Chatham,
Barnstable county, Massachusetts, March 10, 1742, at which place his an-
cestors for several generations had resided, and died at East Haddam in
1810. He married Jerusha Tracy, of East Haddam, by whom he had one
daughter and five sons, the eldest of whom was William, born at East Had-
dam, July 10, 1771. William Crowell married Ruth Peck and had a family
of fourteen children, nine of whom were born in New England. Among the
latter was John, the subject of this memoir, who was born at East Haddam,
Connecticut, September 15, 1801. In the fall of 1806 the family removed to
the Western Reserve, settling in Rome, Ashtabula county. Mr. Crowell's
family were the first settlers in the township of Rome and their nearest neigh-
bors to the south were eighteen miles distant. The hardships which the earli-
est settlers were called upon to endure were severe and their privations very
great. They could get comparatively none of the comforts, and even food,
shelter and clothing were only to be obtained by the greatest effort. But
their sturdy hearts were protected by strong arms, and log cabins rapidly
began to appear and the cultivated fields soon began to crowd the forest. John
Crowell's boyhood was passed in the midst of primitive surroundings. His
father was a carpenter, who, with the help of his two oldest boys, built most
of the frame dwellings for miles around. It was necessary for John to assist
in clearing the timber land and cultivating the farm until he was of age. He
occasionally attended a winter term at school and had a few months' tuition
at a select school in Jefferson, and had one winter's private instruction from a
Rev. John Hall, a theological student. Books were difficult to obtain, and he
had few. In November, 1822, he walked to Warren, a distance of about
twenty-six miles, in order to avail himself of the advantage of an academy
conducted by E. R. Thompson, a graduate of Cambridge University, a capa-
ble instructor and a gentleman of high character. With some slight inter-

DO O

ruptions he continued in attendance at the academy until the year 1825, when
he began the study of law with Mr. Thomas S. Webb, of Warren, with whom
he remained as a student until 1827, when he was admitted to the Bar. Mean-
while he supported himself by teaching school, and for six months was princi-
pal of the academy. He opened an office at Warren and soon obtained a good

310

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clientage. For several years he was joint owner and editor of the Western
Reserve Chronicle, and a supporter of John Quincy Adams. Mr. Crowell's
ability, ambition and industry soon procured for him an extensive practice
and a commanding position at the Bar. His talents were versatile and not
entirely absorbed by his profession or his newspaper. He took a deep inter-
est in all questions bearing upon the welfare of the people, the moral or intel-
lectual improvement of the inhabitants. He was one of the earliest advocates
of temperance. He aroused enthusiasm for total abstinence and was one of
the leading assistants in organizing at Warren one of the first temperance soci-
eties in the West. He was opposed to slavery, a prime mover in the coloni-
zation society, but finding the scheme impracticable, he, with Gerritt Smith
and others, withdrew from the organization in 1835. Mr. Crow-ell took a live
interest in political affairs and in 1840 was elected State Senator. He became
the acknowledged leader of his party in his congressional district and was
elected to Congress as a Whig in 1846. In Congress he was a member of the
committee on claims and Indian affairs. In 1848 he made a speech on the
subject of slavery in the District of Columbia. It was one of his ablest
efforts; strong and pathetic as a plea for humanity and brilliant in its elo-
quence. When the admission of California into the Union as a free State was
under discussion in the House he took part in the debate and argued eloquently
against the extension of slavery. He served two terms in the House of Rep-
resentatives and then returned to the practice of the law, removing to Cleve-
land in 1852, where he secured a large clientage and took high position as a
lawyer. In 1862 he was elected president of the Ohio State and Union Law
College, a position he filled with the greatest credit to himself and to the
great satisfaction of the faculty and the students, for a period of fourteen
years. His lectures were full of the philosophy of the law. The degree of
Doctor of Laws was conferred on him by the college. Mr. Crowell was the
editor in chief of the Western Law Monthly for some time. He also delivered
several courses of lectures on medical jurisprudence at the Homeopathic Hos-
pital College, was made dean of the faculty and received the honorary degree of
Doctor of Medicine. He took an active interest in the Ohio State militia and for
nearly twenty years held the office of brigadier general, and was ultimately
elected major general. He looked upon Christianity as the basis of all true
civilization, and throughout his life he was a consistent and decided supporter
of the Episcopalian Church. He was mentally a well developed and symmet-
rical man. This was manifested by his adaptability to a number of pursuits
absorbing his attention at one time and each receiving its due care without
sacrificing another. He was an able lawyer, an excellent classical scholar, a
fine teacher, a capable journalist, a Christian gentleman. Mr. Crowell was an
invalid for some years before his death, which occurred in 1882. He was
married in 1833 to Eliza B. Estabrook, of Worcester, Massachusetts, and to
them were born five children, one of whom died in infancy. Of the others,
John Crowell, Jr., an able lawyer and at one time a partner of General Mor-

BENCH AND BAR OF OHIO.

311

timer D. Leggett, and William Crowell are now deceased. Surviving are
Julia K., widow of Colonel Henry G. Powers, and Eliza S., widow of the
late Henry F. Clark, both of Cleveland.

WILLIAM F. CARR, Cleveland. Mr. Carr was born at Canal Fulton, Ohio,
in 1848. He removed with his parents to Illinois when a child, where he
remained until the fall of 1872, when he returned to Ohio and read law with
General E. B. Finley, at Bucyrus. He was admitted to practice in 1875, and
immediately settled in Cleveland, where he has since practiced. He was a
member of the firm of Emery & Carr from 1876 to 1879. In the latter year
Mr. Emer}^ removed to Bryan and Mr. Carr practiced alone until 1884, when
the firm of Carr & Goff was formed. In January, 1890, the partnership was
enlarged and the firm became Estep, Dickey, Carr & Goff. In 1896 Mr. Carr
and Mr. Goff withdrew and united with Virgil P. Kline and S. H. Tolles to
form the firm of Kline, Carr, Tolles & Goff, which continues at the present
time. From the time Mr. Carr was admitted to practice he has steadily and
with ever-increasing respect of the Bench and Bar won his way to the front
rank of his profession. He possesses in a high degree the power of long con-
tinued and exhaustive concentration in the study of his cases, and when he
feels in his own mind that he has reached correct results, he conducts his case
with unwavering and unhesitating fidelity to those convictions. Studious, con-
scientious, faithful to his clientage, fair to his opponents, honorable in his
treatment of the court, he has come to be regarded as one of the most effective
and forcible attorneys at the Cleveland Bar. . Mr. Carr is president of the
Cleveland Bar Association, president of the Colonial Club, and a member of
the board of directors of the Park National Bank, and a member of the Ameri-
can Bar Association. He is general counsel of the Akron, Bedford and Cleve-
land Railroad, of the Cleveland, Painesville and Eastern Railroad, and of the
Lorain and Cleveland Railroad.

WILLIAM HUBBLE FISHER, Cincinnati. William Hubble Fisher was
born in the city of Albany, New York, November 26, 1843. His father was
the Rev. Samuel W. Fisher, D. D., LL. D., from 1846 to 1858 pastor of the Second
Presbyterian Church of Cincinnati, Ohio, and subsequently president of Ham-
ilton College, New York. The subject of this sketch is directly descended
from an officer of the Continental Army of the American Revolution. Jona-
than Fisher (his great grandfather) of the Massachusetts militia, was chosen by
field officers as second lieutenant in Fifth Company Northampton, 2nd Hamp-
shire, County Regiment, Massachusetts, March 22, 1776. His mother was Jane
J. Jackson, of New Jersey, descended on her mother's side from the Van de
Lindas, an old Holland Dutch family, and from Peter Schuyler, the Governor

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of New York. Mr. Fisher passed his boyhood in Cincinnati; entered Hamil-
ton College, and graduated therefrom in 1864 with honor, and has recently
been elected a member of the Epsilon Chapter of the Society of Phi Beta
Kappa, an ancient fraternity of scholars. After a course of law at the Law
School of Columbia College, New York, under Professor Theo. W. Dwight
and Professor Lieber, he was admitted to the Bar of the State of New York
in 1867. He practiced his profession at Utica, New York, at which time John
S. Crocker, attorney in patent cases, transferred to him all his business relat-
ing to that branch of the profession. In 1870 he formed a partnership with
Honorable Samuel S. Fisher, ex-commissioner of patents, in Cincinnati, Ohio.
After three years the partnership was dissolved, Mr. Fisher since continuing
in the practice of patent law. He is the author of Fisher's Patent Reports,
Yol. I, a compilation of cases of great value to those engaged in the practice
of law relating to patents. On September 10, 1878, Mr. Fisher was married
to Miss Mary L. Lyons, of Lyons Falls, New York, and to them have been
born four children, three of whom are now living. While at Utica, New
York, Mr. Fisher, with two other gentlemen, originated the Young Men's
Christian Association of Utica, an organization now strong, active, useful
and vigorous, and possessing a new and handsome building, the property
being valued at over $100,000. He is an elder in the Second Presbyte-
rian Church of Cincinnati, is the corresponding secretary and director in the
Young Men's Christian Association of Cincinnati, has been president of the
Cincinnati Society of Natural History, and in the line of photography he has
made certain interesting inventions enabling animals to take their own pict-
ures by day and by night. Mr. Fisher has recently been elected a member of
the Western Association of Writers.

JOHN A. McMAHON, Dayton. Honorable John A. McMahon has long
been recognized as a leading member of the Dayton Bar. He is a lawyer by
heredity as well as by profession and successful practice. His father, John Y.
L. McMahon, was a distinguished lawyer of Baltimore, and held rank among
the leaders of the Maryland Bar. John A. McMahon was born in Frederick,
Maryland, February 19, 1833. At an early age he was sent to St. Xavier's
College, Cincinnati, where he graduated in 1849, after a full collegiate course.
He remained in that institution as a teacher until June, 1850. In 1852, he
settled in Dayton, and became a law student in the office of the late Honor-
able Clement L. Vallandigham, who married the sister of his father. He was
admitted to the Bar in 1854, and immediately formed a partnership with Mr.
Yallandigham. Thorough preparation and diligence as a student enabled him
at once to achieve a high position at the Bar, and a general reputation in the
community that secured a large and important practice. He was not infre-
quently, before he was twenty-five years of age, opposed in the trial of causes
to some of the ablest lawyers of the State. Upon one occasion, in the year

BENCH AND BAR OF OHIO.

318

1859, he tried an important case at Dayton, in which Judge Thurman, then in
the zenith of his reputation at the Ohio Bar, was the opposing counsel. Mr.
McMahon was successful in winning the case, and also won the encomiums of
his distinguished opponent. After Mr. Vallandigham's entrance into official
political life, Mr. McMahon practiced alone for a time, and in 1861 formed a
partnership with the late GeorgerW. Houk, which continued until January,
1880. On the 23d of January, 1861, Mr. McMahon married Miss Mollie R.
Sprigg, of Cumberland, Maryland, a lady belonging to one of the oldest fami-
lies in that State. He persistently declined all political preferment up to the
year 1872, when he was elected a delegate at large by the Democratic State
Convention of Ohio, to attend the Democratic National Convention held at
Baltimore in that year. He several times refused a nomination for Congress
from the Dayton district; but in 1871, after he had been nominated in spite of
his declination, his acceptance was so strongly insisted upon that he consented
to make the canvass. The district at that time was largely Republican, but he
was elected to the Forty-Fourth Congress by a majority of nearly eleven hun-
dred votes. In the first session of the first term he was one of the managers of
the Belknap impeachment proceedings, and upon the organization of the man-
agers, for the conduct of the trial, Mr. McMahon was selected chairman of the
sub-committee to try the case. During the same session he was appointed
upon a special committee to investigate the St. Louis whisky frauds. He was
afterward appointed by the House one of the committee of fifteen, of which
Mr. Morrison, of Illinois, was chairman, to investigate the presidential election
in the State of Louisiana, prior to the counting of the electoral vote in 1877.
Mr. McMahon was renominated without opposition for a second term by the
Democratic party, and was re-elected to the Forty-Fifth Congress. Upon the
organization of the session, he was assigned to a position upon the judiciary
committee and the committee on accounts. During the session he was also
selected as one of the Potter investigation committee. In that Congress the
undetermined questions connected with a distribution of a remainder of the
Geneva award fund, amounting to nearly ten million dollars, were referred to
the House Judiciary committee. It soon became apparent that there would be
so wide a difference of opinion in the committee as to necessitate two reports,
one from the majority and one from the minority. The minority report was
drawn and reported by Mr. McMahon, and was signed by Frye, of Maine;
Butler, of Massachusetts ; Conger, of Michigan, and Lapham, of New York.
It was adopted by the House, and the principle of this report was subsequently
enacted into a law. In 1878, though desirous of retiring from public life, Mr.
McMahon was again unanimously nominated and elected to the Forty-Sixth
Congress. During his third term he was a member of the committee on appor-
tionment, and upon its expiration in 1881, he resumed his practice in Dayton,
at which he has been continuously engaged ever since. After the election of a
Democratic State Legislature in 1889, Mr. McMahon was a candidate for the
nomination, by a caucus of his party, for United States Senator, receiving the
vote next to that of Honorable Calvin S. Brice, who was chosen and elected.

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Mr. McMahon's political service was characterized by ability and a broad scope
of usefulness, reflecting credit upon himself and honor upon his constituents.
As a lawyer, his career has been abundantly successful. The secret of his
prominence in the profession does not lie alone in his strong natural endow-
ments, his breadth of mental grasp and intellectual vigor. It may be found in
the fact that he has always been a close and conscientious student, not only of
text-books, but of the reported decisions of both English and American courts,
so that he is to-day familiar in a marked degree with case law, as well as the
underlying legal principles. Industry, method, thoroughness, intense applica-
tion — these are the habits which Mr. McMahon has brought to the practice of
the law, and which, under the direction of a keen, alert intellect, have placed
him in the front rank of Ohio lawyers.

ISRAEL WILLIAMS, Hamilton. Israel Williams was born August 24, 1827,
in Montgomery county, Ohio. His father, William Williams, was a farmer
and a native of Bedford county, Pennsylvania. The famii}^ settled in York
county, Pennsylvania, prior to the American Revolution. They are of Welsh
stock and were originally an old Quaker family, who, for their religious belief
were driven out of Wales. In 1816 his father and grandfather came to Ohio
and settled in Montgomerj'" county. In 1830 they removed to Champaign
county, where they resided at the time of their death. His mother, Mary
Marker, was a native of Frederick county, Maryland, and her parents were
natives of Wittenberg, Germany. They came to America, and settled in west-
ern Maryland some time in the last half of the eighteenth century. About
1821 they removed to Ohio, settling in Montgomery county, where they
engaged in farming. At an early age Israel was sent to the common schools
of his district, where he received his early training. Until eighteen years of
age he attended school during the fall and winter and worked on the farm in
spring and summer. At eighteen he began teaching school for the purpose of
getting money with which to secure a higher education. Two years later, in
1847, he entered the high school at Springfield, where he remained one term.
He then taught until the following spring, when he entered Granville College,
now Dennison University. Here he remained two and a half years, and during
this period taught school in winter. In 1852 he entered Farmers' College, from
which institution he was graduated in 1853. At once he entered the law office
of Gunckel & Strong, of Dayton, where he commenced the study of law. In
this office he pursued his studies for fifteen months, and for eleven months of
the time he taught a country school near Dayton. He then entered the Cin-
cinnati Law School for one term of six months, and in March, 1855, he received
his degree of Bachelor of Laws. He was immediately admitted to practice,
and entered the office of Miller & Brown, of Hamilton, who had offices in
Hamilton and Washington, D C. Mr. Williams was assigned to the Wash-
ington office, where he remained seven months. He then went to Des Moines,

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315

Iowa, where he spent the winter of 1855-6. In May, 1856, he returned to
Hamilton and became a member of the firm of Miller & Brown. Two
months later Mr. Brown retired from the practice of law, and the firm of
Miller & Williams was formed, which continued about eighteen months, and
until Mr. Miller accepted the presidency of the Cincinnati, Hamilton and
Indianapolis Railway Company, and retired from the practice of law. Mr.
Williams has since continued the practice of his profession alone. He has
occupied the same offices forty-one years. His practice has always been of a
general civil character, never at any time having anything to do with criminal
business. In this way he grew to be a representative business lawyer of Ham-
ilton, and for years has had in his keeping much of the commercial practice of
the city. He has been identified with the majority of the important cases
that have been tried in this county in the past third of a century. As one of
the leading counsel for the city of Hamilton he did more than any one man to
secure cheap gas for the city, and through successful efforts in the local courts,
the Supreme Court of Ohio and the Supreme Court of the United States, the
question was settled, determining the right of a municipality in the State of
Ohio to construct and operate gas works, not only for public lighting but for
private use of its citizens. Mr. Williams is recognized as a lawyer of ability,
being well read in the principles of the profession. He is a man of high moral
character and has the confidence and respect of all who know him. Outside
of his profession he has devoted considerable time and study to geology, min-
eralogy and archseology, and for years has been a contributing member of the
Ohio State ArchaBological and Historical Society. Since 1891 he has been a
member of the board of trustees. Mr. Williams in politics was a Democrat
until 1861, when he became a member of the old Union party, and after the
close of the war became a Republican, and continued so until 1896, when he
supported William J. Bryan for President. Being strongly in accord with the
principles of independent bimetalism, he advocated the Democratic cause, and
did all in his power to secure the election of Mr. Bryan. He is not now firmly
identified with any political party. He believes that the financial policy of
this country will never be settled right until we are on a bimetallic basis, and
that this can never be secured except by independent action on the part of the
United States government, without waiting for the consent or aid of any other
nation. In 1860 Mr. Williams married Maggie Wakefield, of Butler county,
Ohio, and by this union there are four children, three daughters and one son.

HORACE L. SMITH, Xenia. Judge Horace L. Smith, though yet a young
man, has won for himself a place of honorable distinction on the Bench and
at the Bar of his native State. He is a citizen of Ohio, both by birth and
inheritance. His father, Dr. Clinton Smith, was a native of Franklin county,
and his mother, Mary Smith, was born in Madison county. Both were raised
on a farm and both were descendants of pioneer settlers of the State. Our

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subject was born August 28, 1853, at Logansville, Logan county. While he
was yet young his parents removed to Bloomingburg, Fayette county. His
early education was obtained in the public schools of that village, later enter-
ing the academy at the same place. After finishing the academic course he
entered Wooster University and so thorough had been his preparation that he
entered the junior class. He was graduated in 1872, having taken a full class-
ical course. The following year he took up the study of law with Colonel
H. B. Maynard, now judge of the Court of Common Pleas at Washington
C. H., Fayette county. In October, 1873, he entered the Law Department of
the University of Michigan and, taking the full course, was graduated in 1875.
In May of the same year he was admitted to the Bar by the Supreme Court?
at Columbus. In obtaining an education he had every advantage and he
improved them well. He had a decided predilection for the law and being
gifted with a legal mind, the study of it was a source of pleasure as well as of
knowledge. He began practice at Xenia immediately after his admission to
the Bar. His ambition to master the principles of the law was not satisfied
by the possession of a diploma from the foremost law school of the country.
He kept his study up and gained for himself, in a few years' practice, the repu-
tation of being thoroughly informed in the principles of law. He never held
office and never was an applicant for office that was not in the line of his pro-
fession. In the thirteen years of active practice at the Green county Bar he
built up a substantial and remunerative practice and his reputation as a wise
and conservative counsellor and successful advocate kept constantlj 7 growing.
In 1888 he was elected to the position of judge of the Court of Common Pleas,
Third Subdivision, Second J udicial District. His duties began February 9,
1889. He soon demonstrated that he was fitted both by nature and education
for the position. He is eminently fair and his decisions are remarkably accu-
rate. Firmness is one of his marked characteristics. At the expiration of his
first term he was re-elected, his nomination being uncontested, for another term
which does not expire until 1899. This public indorsement by the people and
the Bar is the highest tribute to his ability as a judge and uprightness as a
citizen. In politics Judge Smith is a Republican, and takes an active interest
in the progress of his party, as all good citizens are in duty bound to do. He
is held in very high esteem by the profession and the community at large.
He was married April, 1875, to Miss Mary Jones, of Fayette county, whose
death occurred in 1885. In 1887 he was married to Mrs. May Lough rv,
daughter of John Orr, for eighteen successive years clerk of the Court of Com-
mon Pleas of Green county, from 1863 to 1881. Practicing attorneys of the
Green county Bar, who are in the best position to form a correct estimate of
his character and ability, speak in the highest possible terms of Judge Smith.
As a consensus of their expressed opinions we quote below the remarks of one
of the prominent members of the Bar: " On the Bench Judge Smith is ' to the
manner born.' His naturally well balanced legal mind has been supplemented
by a judicious course of training. His Judgment is sound and his decisions
accurate. He is a comparatively young man yet, and his career is mostly

BENCH AND BAR OP OHIO.

317

before him ; but he is already recognized as an able jurist. The estimation
in which he is held by the Bar of this district ma} 7 be inferred from the man-
ner with which he was each time elected to the position of judge. His nomi-
nation on both times was by acclamation and his election was almost equally
unanimous. As a citizen, he has the respect and esteem of the entire com-
munity."

EDMUND H. MUNGER, Xenia. A man's success in life should not be esti-
mated so much, by the position he has attained as by the difficulties he has
overcome. The young man whose position affords him all the accessories of
an accomplished education begins his career with an abundant capital, an
endowment it might be appropriately termed, while the one who has not these
advantages of wealth and association begins his career with empty hands,
with which he must earn the means to acquire the knowledge necessary for a
profession. There is much truth in the adage that " Some men are born
great, some achieve greatness and some have greatness thrust upon them."
Among the subjects of hereditary monarchy, whose rulers claim the divine right
to govern, the first class naturally commands the greatest reverence. In gov-
ernment of the people, where the most valuable prizes are won by industry,
integrity and other virtues, the man who advances himself by praiseworthy
efforts is the one who commands the greatest respect. To the latter class
belongs Judge Edmund H. Hunger, of the Green county Bar. He was born
in Montgomery count}^ October 8, 1821. The Munger family are of New
England descent, and came to the Miami valley shortly after the organization
of the Northwest Territory. Eeuben Munger, his father, was a native of New
England, and came to Ohio with his parents in 1797. Laura Munger, the
mother of the subject of this sketch, was a native of Ohio, also of New Eng-
land descent. His parents living on a farm, the early life of Mr. Munger did
not present him with many advantages for obtaining an education. The dis-
trict schools of those days were not what they are to-day either in thorough-
ness or the length of time in session. Three months in the winter season of
each year was the average, and up to the age of nineteen that was all the
assistance he had in preparing himself for college. By close application to his
books he fitted himself to teach in the public schools, and in this way earned
money with which to enter an academy. The first institution of this kind he
attended was conducted by Dr. E. E. Barney, at Dayton. After another inter-
val of teaching he attended the academy of Dr. McMillen, at Xenia. He next
spent about two and one-half years at the Miami University ; after which he
entered Center College, at Danville, Kentucky, from which he was graduated
in 1848. He bad determined to enter the profession of law, and in order to
get the means to continue his studies, opened an academy at Bellebrook, Green
county, which he conducted for one year, studying law in the mean time under
tutelage of J. G. Gest, of the Xenia Bar. After closing the school he entered

318

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Mr. Gest's office and continued his studies for about two years, wnen he was
admitted to the Bar, in 1851. He began practice in partnership with Mr. Gest.
This arrangement continued for two years. After dissolution of the firm of
Gest & Munger, he entered into partnership with Mr. R. F. Howard, and con-
tinued with him some two and one-half years. In 1856 Mr. Munger was
appointed by the court to the office of prosecuting attorne}^ of Green county,
to fill a vacancy. At the close of the term he was elected by popular vote, and
re-elected twice to the same position, serving the county in all seven years in
that capacity. After retiring from office he continued practice alone until the
summer of 1868, when he was appointed by Governor Hayes as judge pro tern,
of the Common Pleas Court, Third Subdivision, Second District. At the fol-
lowing general election he was chosen to fill the unexpired term of Judge J.
J. Winans. Judge Munger occupied the Bench for three and one-half years,
when he retired and resumed the practice of his profession, continuing alone
until the fall of 1895, when his son, John C. Munger, was admitted to the Bar
and into partnership with him at the same time. John C. was educated at the
Xenia high school, State University at Columbus, Cornell Law School and
University of Michigan. He is well. ] equipped to conduct his father's large
practice when the mantle falls upon his shoulders. In the forty-five years of
active practice at the Bar of Green county and on the Bench, Judge Munger's
life has been without reproach. He has maintained himself well in every posi-
tion he has occupied in life. He was a good judge ; he is a good lawyer ; but
higher than either of these, he is a good citizen and a good man. He was
married in October, 1861, to a Miss Mather, of Suffield, Connecticut, a descend-
ant of the Increase and Cotton Mather family. They have six children living,
three sons and three daughters. The eldest son is, as before mentioned, with his
father in the law practice, another is completing his education at Berlin, Ger-
many, and the other at Miami University. Two of the daughters are married
and the other is at present at school in Boston. Speaking of Judge Munger
a prominent practitioner remarked : " Judge Munger is one of the best known
lawyers in this section of the State. He belongs to that class who place their
profession above everything else ; never has been willing to accept any office
outside of his profession, and I believe never has. In pursuing this course he
has gained both a competency and a good name. As a citizen he is highly
esteemed by his neighbors and wide circle of acquaintances. Both in his pro-
fessional and private life he has set an example worthy of emulation."

JOHN C. MILLER, Springfield. There is no blot on Judge Miller's escutch-
eon, or cloud to his title of American citizenship. If any honor comes from
distinguished ancestry he ranks with the proudest in the land. On his
maternal side he is a lineal descendant of Sir Charles Hedges, an English
statesman of the seventeenth century, and member of the cabinet of Queen
Anne, the last reigning sovereign of the House of Stuart. His forefathers

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have been noted for originality and power from the time they first set foot on
American soil. His great-great-grandparents, Robert and Elizabeth Miller,
came to this country from Scotland, in 1738, and settled in Maryland, Prince
George county. His great-grandfather, David Miller, lost his life in 1778 in
the glorious struggle for the independence of the American colonies. His grand-
father, Robert Miller, was born in Prince George county, Maryland, 1767, but
removed to Kentucky in 1797. During the journey of the family to a new
home in the Western wilds, Reuben, the father of our subject, was born in
Fayette county, Pennsylvania, January 19, 1797, while the emigrant company
were constructing keel boats to carry them down the Monongahela and Ohio
rivers to their destination, Limestone, now Maysville, Kentucky. Mr. Robert
Miller settled in Fleming county in that State and became a prosperous land
owner and slave-holder, and a man of prominence in the community. He was
moved by strong convictions, and in early life he became a member of the
M. E. Church. He became a licensed local preacher by appointment of Bishop
Asbury, in 1809, and was a power in the church. His sense of justice finally
made it apparent to his mind that slave-holding was an abuse of power and
wrong in principle ; therefore, in 1812, he liberated his slaves, removed with
his family to Champaign county, Ohio, and settled upon a large tract of land on
the Pretty Prairie, within the present limits of Clark county. He was a man
of remarkable originality in thought, and very concise and forcible in diction.
His sermons were famous for graphic descriptions and illustrations. Reuben
lived with his parents on the farm, assisting in managing the estate and in
acquiring an education, until he reached his majority; shortly after which he
was united in marriage with Miss Mary Hedges, formerly of Berkley county
Virginia. Teaching school and surveying land were his occupations until
1826, when he was appointed surveyor of Clark county. This position he held
for nine years, when he was elected county auditor, an office he held for eigh-
teen consecutive years. He inherited his father's talent for speaking and his
zeal for religion. During all these years of public service he was a local min-
ister of the M. E. Church, and served on Sabbath days as a supply to the vari-
ous churches in central Ohio in the absence of the regular pastor. He was
naturally a good public speaker, a conversationalist remarkable for wit and
humor, and a writer of more than ordinary ability. These characteristics
seem to be an inheritance of the family, transmitted from father to son. John
C. Miller, our subject, was born April 13, 1834, in Springfield, which was then
only a village. He was educated at the Ohio Conference High School in his
native town, under the tuition of a faculty of which Rev. Solomon Howard,
afterwards president of the Ohio University at Athens, was the head. He was
graduated at the age of fifteen years from a school which in its days was of
high repute, and the only Alma Mater of some of the best intellects in Ohio.
After leaving school he entered a printing office and learned the " Art pre-
servative of all arts " in all its branches. He now had a trade, but was anxious
for a profession. At the age of eighteen he took up the study of law with
Honorable Samuel Shellabarger, who in after years became- very prominent

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both in his profession and on the floor of Congress, where he represented his
district for several terms, and was one of the most prominent attorneys before
the famous Commission in the Hayes-Tilden contest. Mr. Miller was admitted
to the Bar of Ohio in April, 1855, and a few months later began practice at
Springfield. He soon acquired a practice that for a young man was remarka-
bly good. In April, 1861, he was elected mayor of Springfield by a handsome
majority. "When the civil war broke out, less than a month later, he immedi-
ately became identified with all the measures for the promotion of recruiting,
relief to soldiers' families, and all methods employed to aid the Union cause.
He was chairman of the Citizens' Military Committee of Clark county, and was
afterwards a private in the One Hundred and Fifty-Second Eegiment of Ohio
Yolunteer Infantry in the company of Captain Bushnell, now governor of
Ohio. In the fall of 1861 he was elected prosecuting attorney of Clark county,
and several times re-elected. In 1869 he was chosen city solicitor of the city
of Springfield, and held that office by repeated re-elections until 1876, when he
resigned to accept the position of probate judge, to which office he had been
elected the previous October. To this office he was re-elected four times, but
before the close of his fifth term he was elected one of the judges of the Court
of Common Pleas, of the second judicial district, at the general election in the
fall of 1890. This position he still holds, having been re-elected at the expira-
tion of his first term, in 1895. Judge Miller, in this capacity, gives great satis-
faction to the Bar of his district and the State. His accurate and concise
decisions have attracted the attention of the profession throughout the State.
He is eminently qualified to grace the Bench. While he is remarkably famil-
iar with published decisions of courts, he is not a case lawyer. All of his own
decisions are founded upon principles of law, with which his mind is richly
stored. Possessed of a keen, incisive intellect, the controlling points of a case
are quickly perceived by him, and his strong, thoroughly trained and logical
mind enables him to present his conclusions, tersely and concisely, in a man-
ner to carry conviction. In his exercise of these high judicial qualifica-
tions, Judge Miller is entirely impartial and independent ; always courteous
and considerate. There are none who would question his integrity. His
great legal learning and his peculiar fitness for judicial service, both of
which are being rapidly recognized by the profession, render it highly
probable that advancement on the Bench awaits him in the near future.
Though an office holder for most of his life, it can truthfully be said of Judge
Miller that he never has been an office-seeker ; in his case the office invariably
sought the man. The irreproachability of his private life has contributed to
fix and maintain his place in public esteem, but his great popularity is due to
his recognized ability and magnetic personality. In religion he is a Methodist,
in politics a Republican. He is a kind and charitable friend to all deserving
people, irrespective of their creeds or beliefs. He is a versatile writer and
brilliant speaker, a safe adviser and public-spirited citizen, a faithful husband
and a kind father. He has devoted both his time and talent for the public
weal. He was married October 4, I860, to Miss Marianna T. Hoglen, the cul-

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321

tivated and intelligent daughter of James R. Hoglen, late of Dayton, Ohio.
They have two children, Robert J. and Eleanor 0. Miller. Out of a family of
seven brothers and sisters only two besides himself are living, namely : Henry
R. Miller, a prominent citizen of Keokuk, Iowa, and Commodore (soon to be
Rear Admiral) Joseph N. Miller, of the United States navy. The others,
stated in the order of their respective ages, were Caroline H. Harris, formerly
of near Monticello, Illinois ; Dr. D. B. Miller, of Covington, Kentucky ; Eliza-
beth N. Ogden, of Keokuk, Iowa, and Robert Tabb Miller, of Springfield, Ohio,
who died when just entering upon manhood and an apparently successful busi-
ness career.

CLARENCE B. HEISERMAN, Urbana. Judge Heiserman is a native of
Ohio and of Champaign county. He was born at Urbana, September 18,
1862. His parents were Aaron and Maria L. Heiserman, the former of Ger-
man and the latter of Scotch descent. Caleb Heiserman, grandfather of Judge
Heiserman, came to this country from Germany in 1825 and settled in Mahon-
ing county, Ohio, near New Lisbon. A few years later he removed to Craw-
ford county, where he purchased a farm on which he resided until 1865, when
he removed to Iowa and remained until his death. The father of Judge Heis-
erman lived with his parents on the farm until he grew to young manhood,
when he came to Urbana and engaged in the manufacture of carriages, which
he followed for many years. The last ten years of his life he devoted to the
business of general contracting. He died at Urbana in 1893. The maternal
ancestors of J udge Heiserman came to America in colonial days and settled in
Massachusetts and later near Saratoga Springs in New York. His mother's
family removed to Ohio about 1840 and settled in Urbana where his mother
was born and is still living. His maternal great-grandfather served in the
United States army during the War of 1812. Judge Heiserman secured his
early education in the public schools of Urbana. He was graduated from the
high school in 1879 at the age of seventeen, and in the fail of 1880 he entered
the Ohio Wesleyan University at Delaware. He was graduated from that
institution in 1884, after taking the full college course, and secured the degree
of Bachelor of Arts. The two succeeding years he taught in the high school
of Urbana, at the same time studying law under the tutorship of George M.
Eichelberger, of Urbana, one of the best read lawyers in that section of Ohio.
Resigning his position as teacher he entered the office of Mr. Eichelberger and
for one year devoted his entire attention to his legal studies. He passed a
successful examination before the Supreme Court at Columbus and was admit-,
ted to the Bar in 1887. He at once began the practice of law in his native
town, alone, passing his first year in the office of his preceptor. He then
formed a partnership with Mr. E. E. Cheney, which lasted until he was ele-
vated to the Bench. In 1889 he was elected prosecuting attorney of Cham-
paign county, and was re-elected in 1892. His association with Mr. Cheney
proved very satisfactory and the firm soon built up a practice that was a trib-

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ute to both their industry and ability. In 1894 Mr. Heiserman was made a
candidate of his party for judge of the Court of Common Fleas, second sub-
division, of the Second Judicial District, and was elected. He dissolved his
connection with the law practice and took his seat on the Bench in November,
1894. He was elected for a term of five years. During the eight years of his
professional career, Judge Heiserman has made a very enviable record. In
every position in which he has been placed he has maintained himself with
credit and with marked ability. Concerning his fitness for the judicial ermine
his preceptor, George M. Eichelberger, remarked: "Judge Heiserman is well
qualified to discharge the duties of a judge and is filling the position to the
satisfaction of the Bar. He is young in years, but is well grounded in the
principles of law. He was a hard student during the years of training and has
continued to be one ever since. He has a judicial mind. He is thoughtful,
conservative and self-reliant. In the discharge of his duties as prosecuting
attorney he developed the fact that he had ability, firmness and accurate
knowledge of the law, and his services on the Bench have so far served to
deepen these impressions. Socially Judge Heiserman is one of the most com-
panionable of men. He is unassuming, courteous in his manners, a good con-
versationalist, and also a good listener. He is popular in his party and
respected and esteemed by all/' Judge Heiserman is a Republican in politics
and before going to the Bench took an active interest in advancing party suc-
cess. In his religious faith he is a Methodist and a member of the official
board of his church and also superintendent of the sabbath school. He was
married in 1890 to Miss Lillian M. Brown, daughter of W. H. and Fannie M.
(Taft) Brown, of South Charleston, Ohio.

LEVI GEIGER, Urbana. Judge Levi Geiger was born March 14, 1824, in
Greencastle, Pennsylvania. His ancestors were among the early settlers of
the country. His great-grandfather on his paternal side came from Germany;
was a commissioned officer in the war for American Independence in 1776, and
received a grant of seveenteen hundred acres of land for his military services.
His father, Henry Geiger, was a soldier in the war of 1812 -14 and received a
land warrant for his services. He participated in the battle of Lundy's Lane
and other hard-fought battles on our northern frontier. After the war he settled
in the town of Greencastle, Pennsylvania, and in 1816 married Julia A. Rubush,
a native of Pennsylvania, who in her childhood was an acquaintance and
friend of James Buchanan, afterwards President of the United States. Her
ancestors were of German and Scotch descent. Judge Geiger is one of eleven
brothers. His oldest brother, Albertus, was a physician and practiced his
profession in Cincinnati, from which place he removed to Dayton where he
continued his practice until his death in 1886. One of his brothers, Hezekiah,
was one of the founders of Wittenburg College, at Springfield, Ohio, and pro-
fessor of mathematics and languages in that college for many years. Three of

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323

his brothers were preachers in the English Lutheran Church. Three of the
brothers were attorneys at law, one of whom, W. F. Geiger, was major in the
Phelps regiment and afterwards colonel of the Eighth Missouri Cavalry. He
had three horses killed under him at the battle of Pea Pidge. After the war
he served three terms as Circuit judge in the Springfield, Missouri, district,
dying a short time before the close of his third term. His brother, F. M.
Geiger, practiced law in Houston and in southern Missouri, where he died in
1889. His brother Henry was a farmer and died near Warsaw, Indiana, at
the age of seven t3 T -seven. His other brothers died in young manhood, before
completing their school days. He has one sister who is married to the
Honorable J. H. Hileman, of Altoona, Pennsylvania. Judge Geiger obtained
his early education in the common schools in eastern Ohio and in his studies
at home. He was a constant student during his boyhood, availing himself of
every opportunity afforded him in obtaining useful knowledge. He studied
law under William S. Tanneyhill, one of the leading attorneys at Millersburg,
Ohio, and was admitted to practice law at Canton, in 1850. He united with
the Independent Order of Odd Fellows at Millersburg in 1851, and re-
moved to Urbana in April of the same year, residing there ever since. In
1853 he united with Harmony Lodge F. & A. M. By the request of
the family he was one of the pall-bearers at the funeral of Governor Vance.
Mr. Geiger was a Whig in politics, and as such was, in 1856, elected prosecut-
ing attorney for Champaign county. He was in favor of sustaining in good
faith the compromises of the Federal Constitution, but was opposed to extend-
ing slavery into the territories of the United States. He was anti-slavery in
his feelings, and called the first colored witness to testify in a court of justice
in Champaign county. He was active in politics and assisted in the organiza-
tion of the Pepublican party in Ohio in 1855. John Sherman presided over
that convention and was then his choice for governor ; the Honorable S. P.
Chase was, however, nominated. Mr. Geiger was elected a delegate to the
convention that nominated John C. Fremont for President, but was not able
to attend on account of sickness. He was also a delegate from the Eighth
Congressional District of Ohio, with Judge William H. West, to the Chicago
Convention that nominated Abraham Lincoln for the Presidency in 1860, and
was an ardent supporter of Mr. Lincoln both in and out of the convention.
When the Ohio delegation was in consultation to agree upon concerted action
he offered a resolution, which was adopted, committing that delegation to the
support of Mr. Lincoln as a candidate in case an Ohio man could not be nomi-
nated. This action was at once made known to other State delegations and
to the leading supporters of Mr. Lincoln. It was an important factor in secur-
ing his nomination. The delegates from Ohio were divided in their choice.
Honorable S. P. Chase, Judge McLain, Honorable Thomas Corwin and
Honorable B. F. Wade each had friends pressing their claims. Mr. Geiger
was seconded in bis support of Mr. Lincoln by Honorable Columbus Delano
and four other delegates from Ohio, who cast their votes for Mr. Lincoln on
every ballot. On the last ballot the other Ohio delegates joined them. Mr.

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Geiger was an ardent supporter of Mr. Lincoln's administration and of the
war for the suppresion of the Rebellion. He visited Mr. Chase, secretary
of the treasury, at his office, at the close of a cabinet meeting, where the ques-
tion of peaceable separation was being considered by the cabinet, and urged
him, as a representative of the sentiment of the people of Ohio, to support
and encourage Mr. Lincoln in his efforts for the preservation of the Union as
an entirety, assuring him that the State of Ohio was loyal and united in
support of the policy of Mr. Lincoln for the suppression of the Rebellion. At
the next meeting of the cabinet Mr. Chase gave his support to the views of
Mr. Lincoln, as to maintaining the Union, with a majority of the cabinet. As
to the importance of these cabinet meetings see Mr. Nicolay's histor}''
of Lincoln. He was judge advocate of the staff of General E. P. Fyffe, and
was actively engaged during the war in enforcing the law against persons and
organizations who were seeking to hinder the drafting of recruits for the
army. "The Knights of the Golden Circle" had organized a number of
lodges in the count}^. These he completely broke up and bad the leaders sent
to " Camp Chase," where some of them were confined for two years or more.
Mr. Geiger was admitted to practice in the United States courts at Washing-
ton City, in March, 1861, upon the motion of Honorable Thomas Ewing,
Senior. In 1889 he was elected judge of the Court of Common Fleas for the
second subdivision of the Second District of Ohio, and served five years. In
1884 and 1886 his name was presented by the unanimous action of the Repub-
lican party and attorneys of Champaign county as a candidate for the
position of District Judge of the Second District of Ohio. Judge Geiger
stands high at home both in his profession and as a public-spirited citizen.
He is an active member of the Methodist Episcopal Church and for many
years has been a member of the official board. He has been a member
of this society since the age of sixteen. He was married March 28, 1844, at
Millersburgh, Ohio, to Miss Rosalinda Gleason, daughter of Aaron Gleason, a
native of New Jersey, who removed to Ohio in 1837. They had six children,
five of whom are still living. George H. is a practicing physician at Dayton,
Ohio. Charles L. was in the insurance business and died January 12, 1895, at
the age of forty-three. Their eldest daughter is the wife of S. L. P. Stone, a
hardware merchant of Urbana. Their second daughter is the wife of John A.
Banta, of Urbana, and the youngest is the wife of J. Howard Patton, of
Greensburg, Pennsylvania. His daughter Ida C. resides with her parents at
Urbana. Mr. Geiger has fifteen grandchildren living and but one dead.
Referring to the career and standing of Judge Geiger in his profession a
prominent member of the Champaign county Bar says :

" Judge Geiger has filled an honorable place in the history of Champaign
county and this section of the State. He is probably the oldest member
now at this Bar and retains his powers of mind and body to a remarkable
degree. He is more active than many men of far fewer years and there is no
diminution of his mental capacity. For many years he was one of the leading
lawyers of this section of the State, and had a large local practice as well as in
the higher courts of the State and the Federal courts. The five years spent

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325

on the Bench of the Court of Common Fleas scattered his practice to some
extent, but he probably now has all to which he cares to attend. Judge
Geiger is a capable man, but altogether too sturdy and independent in his
characteristics to become a popular political leader, a position to which he
never aspired. Like most men of thoughtful mien he has a preoccupied
manner that might, and often does, leave the impression of indifference to
friends and acquaintances ; but nothing is farther from the truth. He is a very
companionable man, but not so free in his manner as are some. He hates
duplicity and shams. Pie is a good neighbor, a useful citizen, and a charitable
giver for benevolent purposes. The world would be happier and better
if all men fulfilled their duties of citizenship- as faithfully and as well as
has Judge Geiger."

SILAS H. WRIGHT, Lancaster. The subject of this biography was born
near Logan, Ohio, June 21, 1830, and died at Lancaster November 18, 1887.
At the time of his death Judge Wright had the distinction of being the senior
Common Pleas judge of the State in year's of service on the Bench. He was
in his fifth term when he died, and so great was his popularity with the peo-
ple of his district that he would undoubtedly have held the office for many
years longer had he been spared to accept the honors his fellow citizens were
so ready to confer upon him. His parents were John and Elizabeth (Tanne-
hill) Wright, both natives of Ohio, the former of Irish descent and the latter
Scotch origin. His paternal ancestors came to America about the middle of
the eighteenth century and settled in Pennsylvania. They took an active
part in the Revolutiona^ War and the family here now have in their posses-
sion a belt buckle — a relic of the struggle — captured with its owner in one of
the battles of the war. The stamp indicates that it belonged to a member of
the Tenth Battalion of the British Army, fighting for King George III.
Hugh Wright, the great-grandfather of Judge Wright, came to Ohio about
the beginning of the present century and settled in Lake county, but soon
after purchased a tract of land in the Hocking Valley, near the present site of
Logan. His maternal grandfather, Samuel Tannehill, came direct from Scot
land and settled in the Hocking Yalley; was among the early settlers of that
section, and became a prominent citizen. Judge Wright was reared on a farm
and his early education was obtained in the common school. Later he entered
Greenfield Academy, then a celebrated school, and made famous for all time
by the fame of the men who studied there; among whom were James G.
Blaine, the Ewings, and John and Tecumseh Sherman. Later he entered the
Ohio Wesleyan University, from which he was graduated after taking the full
classical course. He began the study of law in the early fifties in the office
of Judge P. Yan Trump, a prominent member of the Hocking Yalley Bar.
At the age of twenty-six he was admitted to the Bar, but did not at once
begin the practice. He made a tour through the settled portions of the west-
ern States, on horseback, remaining one year at Muscatine, Iowa. At the
solicitation of his friends he returned to Ohio and located at Logan and
entered on the practice in partnership with Henry R. Sanders, a capable law-

326

BENCH AND BAR OF OHIO.

yer. In 1856 he was elected prosecuting attorney of Hocking county and was
twice re-elected, serving for six years. The four years following his official
terra he devoted exclusively to private practice, which had grown to large
dimensions. In 1866 he was elected Common Pleas judge for the Fifth Sub-
division of the Seventh Judicial District. He was re-elected four times in suc-
cession and was in the second year of his fifth term when he received the final
summons from which there is no appeal. Referring to the characteristics of
Judge Wright, one of the oldest attorneys of the Lancaster Bar, said :

"Judge Wright was better known as a jurist than as an attorney. Before
he went on the Bench I only knew him by reputation, but came to know him
well after his elevation to the judgeship, when he made Lancaster his home.
Personally he was one of the most companionable of men ; always genial, an
entertaining conversationalist, he created friends wherever he went. The fact
that he was elected five times in succession to the Common Pleas Bench in this
district was as much an evidence of his personal popularity as it was of his fit-
ness for the place. He made a just judge ; equity as well as law was apparent
in his .decisions. He was well versed in the fundamental principles of the law
and this, in connection with his scholarly attainments, fitted him well for the
position. His administration of justice gave very general satisfaction to the
legal profession and his decisions stood well the test of the higher courts. He
was always fair and impartial in his instructions to the jury. His charges
were plain, concise and free from error. He was not an orator, but was a
pleasant and forceful speaker. He never left the Bench after his first election,
and died in the harness shortly after his election for the fifth term. His life
was pure and he was held in high esteem both by the Bar and the public."

In politics Judge Wright was a Democrat and before his elevation to the
Bench was active in partisan affairs. He was a man of scholarly attainments
and general knowledge, gleaned from a wide field of literary reading. Socially
he was a charming companion, his conversation was both instructive and enter-
taining. While he had a strong love for his profession, bis happiest hours
were spent in the family circle and in his well selected library. He was a
brilliant writer, a deep thinker and a frequent contributor to the local papers
of his district. His writings were generally in the nature of communings
with himself, and but few of them found their way into public print. Enough
of them, however, were published to show the genius of the man. He enjoyed
writing poetry as well as prose. His parody on that beautiful poem, "Wood-
man Spare That Tree," which was published in the Hocking Sentinel, and his
original poem, " Querela? Curele, or Troubles of a Court," published in the
Lancaster Saturday Journal, are fair specimens of his writings. Much of his
manuscript never published is in the possession of his family. He was an
ardent lover of nature and ofttimes spent hours alone in roaming over the
hills of Fairfield and Hocking counties in communion with nature and nature's
<rod. The kindness of his disposition was shown in his intercourse with his
fellow men. He was invariably courteous and particularly kind to the unfor-
tunate. He was a public-spirited citizen and took an active interest in every
movement for the public weal. He was widely known, and his death was
mourned by a wide circle of friends. The press paid high tribute to his char-

BENCH AND BAR OF OHIO.

327

acter and ability. A prominent citizen in comment says : " When Judge
"Wright died humanity lost a friend and helper. He was one of the most kind-
hearted men it has been my privilege to meet. He had a heart as well as
brains, and the cares of his position never caused him to lose sight of the unfor-
tunate or the needy. He was not one of those who leave their charities to
their executor, he scattered his garlands by his own hand. He was one of the
most popular judges that ever sat on the Bench of this district. When he
tempered justice with mercy it was in cases where the offense was more appar-
ent than real. His judgment of human nature was as accurate as his judg-
ment on questions of law and he was not often wrong in either." Judge
Wright was married in 1858, to Miss Katherine Moore, daughter of John and
Elizabeth (Brice) Moore, of Newark, Ohio, They had four daughters and one
son, John M., who is a practicing lawyer. The family home was at Logan
until the election of Judge Wright to the Common Pleas Bench, after which
it was removed to Lancaster.

OBED W. IRVIN, Dayton. Though a young man, the subject of this sketch
has attained a position in life that would be creditable to a man of greater
age. Education to a young man entering a profession is what capital is to
the beginner in a business career. The absence of these does not in either case
bar a man from making a success of his life work, but the possession of these
necessary adjuncts to final success at the threshold of his business or profes-
sional life, is to advance their possessor when he would only otherwise be, after
years of toil and study, under disadvantageous circumstances. Judge Irvin
had the advantage of a well rounded education. His parents, James B. and
Ellen S. Irvin, both deceased, were natives of Ohio, and for many years resi-
dents of Dayton. Obed W. was born January 12, 1866. In his early training
he had the advantage of the excellent school system of his native city. He
was destined by his parents for a profession and, after graduating from the
Dayton High School, he entered Yale College and was graduated from that
institution in 1887. Returning to Dayton, he accepted a position as instructor
in the Dayton High School, teaching for four years and reading law at the
same time. In 1891 he entered the Cincinnati Law School, from which he
was graduated the next year. He was admitted to the Bar by the Supreme
Court at Columbus, and immediately entered on the practice of his profession
in Dayton. With the exception of the time spent at college, his years had all
been passed in that city. He was well known and had many influential
friends. He was known as a young man of marked ability with a highly
trained mind and sterling integrity. Under these circumstances it is not sur-
prising that he soon drew around himself a clientage that was respectable in
quantity as well as quality. In his political principles he is a Republican, and
was elected by his party in 1893 to his present position of judge of Probate of
Montgomery county. In this position he has maintained himself well, fully
meeting the expectations of his friends and discharging the complicated duties

328

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of the office to the entire satisfaction of the many with whom the duties bring
him in contact. In his manners Judge Irvin is unassuming, easy of approach,
courteous and affable in his intercourse with his fellow men. He possesses in
an eminent degree that tact which in politicians is termed magnetism, but
which when analyzed and defined means good manners and respect for others.
He is a bachelor and is as highly esteemed in the social circles of the city for
his capacity to entertain as he is in his profession for his ability. The estimate
that is placed on his character and ability and his future prospects by his
seniors at the Dayton Bar, is summed up in this statement by one of the ablest
members of the Dayton Bar : "Judge Irvin comes of a good family, and for
his own achievements deserves the honors that have been placed upon him.
He has always been studious in his habits and thorough in his studies. He is
of the metal of which safe lawyers are made. He thinks before he acts.
Judging from the past, I should say that Judge Irvin will be one of the solid
attorneys of the future."

CHAKLES W. DUSTIN, Dayton, is judge of the Common Pleas Court, Sec-
ond Judicial District. The Dustins were Scotch. They came to America and
settled in New Hampshire, while Plymouth Rock was yet young in history.
They were agriculturists, and the first historical mention of the family recounts
the signal act of bravery of Mrs. Hannah Dustin and Mary Neff, who had been
captured by a band of hostile Indians. These two courageous women killed or
put to flight a dozen savages with their own weapons, and escaped by rowing
down the Merrimac river in the same canoe which had carried them up as
prisoners doomed to death by torture. After undergoing perils from capture
and wild beasts, from hunger, weariness and ill health, they reached their
friends at Haverhill. The incident is fully described in the standard histories?
both of the State and the United States. It was an act of individual heroism,
and finds few parallels in all the bloody feuds that existed for two hundred
years between the pioneer settlers and the aborigines of the country. A study
of the family history from colonial times down to the present day shows that
they w T ere an industrious, strong-minded, self-reliant race of people, with a
liberal tendency toward intellectual pursuits. Charles W. is the son of Doctor
M. Dustin a prominent minister of the Cincinnati Conference of the M. E.
Church. He was born at Zanesville, Ohio, in 1849. His educational advan-
tages were of a superior nature. Home training and good school facilities
fitted him for college at an early age. He entered the Ohio Wesleyan Univer-
sity at Delaware in 1864, and was graduated in 1868. After leaving school he
took a position in Quincy College, at Quincy, Illinois, as professor of mathe-
matics, later holding the same position at Brookville College, Brookville,
Indiana. Selecting the law as a life vocation, he entered the office of Boltin
& Shauck, at Dayton, in 1871. He was admitted to the Bar in 1873 and
immediately entered on the practice of his profession. Being a strong Repub-
lican in sentiment he soon became quite active in party politics. In 1877 he

Silas H. Wright
Charles W. Dustin

Henderson Elliott

Obed W. Iryin
Robert m. Neyin

BENCH AND BAR OF OHIO.

329

was the nominee of his party for State representative against Charles 1ST. Val-
landigham, and, despite the fact that the county was strongly opposite in its
voting strength, he came within one hundred votes of being elected. Although
he took a great interest in politics, he did not make that his business. His
personal popularity drew around him a strong clientage, and he has been num-
bered among the successful practitioners since he began practice as a member
of the Dayton Bar. He organized the Gem City Building and Loan Associa-
tion, now a large and successful financial institution ; was its first attorney, and
retained that position until his accession to the Bench. Mr. Dustin is studious
in his habits and a close observer of events as well as of men. Believing; that
the principles of his party represent the best interests of the country, he has
always taken an active part in political campaigns. He became the candidate of
his party for judge of the Court of Common Pleas in the Second Judicial Dis-
trict in 1884, in an overwhelming Democratic subdivision, and received the
largest vote cast for any one on the ticket in his county. Following this cam-
paign, Mr. Dustin was active in getting a bill through the legislature to restore
the sub-judicial Common Pleas District to its original limits, as prescribed by the
State constitution. The bill passed both branches, but failed in the Supreme
Court, because it bad not received a two-thirds vote of the legislature. A similar
bill subsequently passed by the required two thirds vote, and as the district so
comprised was strongly Republican, it was conceded that in recognition of the
splendid work Mr. Dustin had done for his party and his willingness to lend
his name for a party advantage, when nothing personal could be gained by it,
and his excellent fitness for the position, he should be the candidate to fill the
first vacancy that occurred on the Bench in the district. He was, therefore,
nominated, and at the November election in 1895 was elected to succeed Judge
Dennis Dwyer, whose term expired July, 1896. The judicial subdivision, as
now composed, embraces the counties of Montgomery, Green, Warren and
Clinton. When the Garfield Club was organized at Dayton Mr. Dustin was
chairman of the meeting and the first to sign its constitution. He also took
an active part in the formation of the Republican State League; was a mem-
ber of the committee for drafting its constitution, and was also a delegate
from Ohio to the first meeting of the National Republican League at New
York. Judge Dustin has a decided literary taste, and has been a frequent
contributor to the press of the city. When he was studying law he edited the
law department of the Daily Dayton Journal, and later was editor in chief
during the frequent absences of Major Bickman. He has traveled extensively
both in this country and in Europe, and is an admirer of the beautiful in both
nature and art. . He was married June 9, L874, to Alfie M. Hull, in Conners-
ville, Tnd. Mrs. Dustin died in 1878. In referring to his capabilities for the
Bench a prominent practitioner remarks : "Judge-elect Dustin will, I think,
make a good judge. He is scholarly, studious in his habits, and well grounded
in the principles of law. He has considerable literary ability, and his writings
are characterized by graceful style and correct composition. If his opinions
are as correct in principle as they are likely to be well written, no one will find

330

BENCH AND BAR OF OHIO.

fault with them. He has a good practice, but is probably better adapted for
the Bench than for general practice at the Bar. Mr. Dustin is correct in his
habits, and as a citizen he is thoroughly well respected."

ROBERT M. NEVIN, Dayton. Mr. Kevin, a leading practitioner at the
Dayton Bar, is of Anglo-Celtic extraction. His father, Robert Nevin, was a
native of Ross county, Ohio, whose ancestors came from near Giant's Caus-
way, Ireland, and settled in Ross county about the beginning of the present
century. He removed to Highland county and became a prominent citizen,
and from him Nevin postoffice, Highland county derived its name. His
mother, Frances E. Eakins, born and reared in Highland county, was of English
descent, her ancestors coming to this country from near Manchester, England.
They were among the pioneer settlers of Ohio. Robert M. Nevin, the subject
of this sketch, was born May 5, 1850, at the Nevin homestead and about two
months after the death of his father, in Highland county. His rudimentary
education was obtained in the district common school and he was prepared
for college in the high school of Hillsborough. As a boy his marked character
istics were habits of industry and quick perceptions. Observing his apprecia-
tion of learning, his mother gave him every possible advantage. At the age
of fourteen he had finished the high school course and entered the Ohio Wes-
leyan University, at Delaware. In 1868 he was graduated from that institu-
tion, at the age of eighteen, the youngest in his class, and with few exceptions
the youngest alumnus of the university. He took up his legal studies in the
office of Conover & Craighead, Dayton, immediately after leaving college,
and was admitted to the Bar May 10, 1871, a few days after reaching his
majority. The first five years of his practice were alone. In 1876 he entered
into partnership with Alvin W. Kumler, under the firm name of Nevin &
Kumler, which has continued unbroken to the present time, a period of twenty
years, and constitutes the oldest law firm in Dayton. When Mr. Nevin began
his professional career there were several men in practice at the Dayton Bar
who had attained a national reputation as lawyers and the general standard
was very high. Thus the young man, who had barely crossed the demarka-
tion line that separated him from his boyhood days, found himself in the com-
pany of giants in his calling, against whom he would have to compete if he
maintained himself in his profession. The comparison did not discourage him ;
it only stimulated his ambition and his efforts. The perseverance and quali-
ties of mind that enabled him to quickly assimilate the contents of his text-
books soon made him a well informed lawyer, and possessing large natural
ability and much acquired talent as a speaker, he did not long remain in
obscurity. He is purely a lawyer. His profession is his ambition, and his
energies have been devoted to the interests of his clients. During the twenty-
five years of practice at the Montgomery county Bar he has risen steadily,
until he now stands in the front rank, not only at the Daj'ton Bar, but in that

BENCH AND BAR OF OHIO.

331

section of the State. He has never permitted his name to be used as a nomi-
nee for any elective office but once, and that was in the line of his profession
and at the earnest solicitation of his party. He was nominated for prosecu-
ting attorney on the Republican ticket in 1887 against the Honorable John M.
Sprigg, an able lawyer who had held the office for successive terms, and in
the judgment of his party, was invincible. Mr. Nevin was elected by a major-
ity of eight hundred votes, in a strong Democratic county, and the first
Republican had been elected to the office since the memorable days of the war.
Being a strong believer in the principles of the Republican party, and a good
public speaker, he has naturally become prominent in the councils of his party.
In 1892 he was one of the alternates at large of the Republican national con-
vention at Minneapolis, and upon Governor McKinley becoming permanent
chairman of that convention, Mr. Nevin took his place in the Ohio delegation.
In practice he is prominent as a trial lawyer. He has not confined his read-
ing to his text books ; his mind has been enriched by much knowledge gained
in many fields of literature and science, which gives him a breadth and scope
and power which the narrower pleader whose knowledge is confined to legal
studies, never acquires. In the preparation of his cases he is thorough, and in
summing up before a jury is logical, argumentative and forceful, rather than
persuasive. As a public speaker he is clear and concise and presents his ideas
in well chosen language. There is a social side to his nature and as an after-
dinner speaker he is much in demand. Mr. Nevin is somewhat reserved in
his manners — as deep thinkers usually are — but is by no means unsociable.
He has been a close student both of nature and books. He possesses a mind
of great natural vigor and strength, which is trained to its highest capacity by
study, reading and thought. He has the useful faculty of focusing his mind
on the subject before him and the ability to express his conclusions in a clear
and convincing manner. In his twenty-five years of practice he has built up
a business that is large and remunerative. Mr. Nevin is a useful citizen as
well as an able lawyer. In movements that affect public weal he always takes
an active interest and is one of the public spirited citizens of the city. He
was married November 7, 1871, to Miss Emma Reasoner of Dresden, Musk-
ingum county, Ohio. Four children have been born to them ; two sons and
two daughters, all of whom are living.

DAYID W. TODD, Urbana. David W. Todd, for thirteen years probate
judge of Champaign county, is a native of Pennsylvania. His parents, David
Todd and Sarah McCormick, were also natives of that State. His paternal
ancestors were Euglish and his maternal Irish. His father was a soldier in the
war of 1812. He was born on a farm in Dauphin county, December 31, 1835,
and came to Ohio with the family in 1846. In 1847 his father settled on a
farm at Pretty Prairie in Campaign county and resided there continuously
until his death in 1SG8. David attended the district school and worked on the

332

BENCH AND BAR OF OHIO.

farm until 1855, when he entered Miami University at Oxford. He remained
in the University five years and was graduated in 1860 as a Bachelor of Arts.
In the fall of that year lie began the study of law in the office of Shellebarger
& Goode at Springfield, and continued his studies until the opening of the
Rebellion. Responding to the first call of the President for volunteers he
enlisted for three months in the Second Ohio Infantry, and participated in the
first battle of Bull Run. Re-enlisting at the close of his first term he was
commissioned first lieutenant of Company B, Eighty-Sixth Regiment and
assigned to duty as regimental quartermaster. His service during the second
term of enlistment (four months) was principally in guarding the Baltimore
and Ohio Railroad in West Virginia. At the end of four months, his second
term of enlistment, he was mustered out and resumed his law studies with
Shellebarger & Goode. He was admitted to the Bar in February, 1863, and
opened an office for practice in Urbana. In the fall of the same year he
was elected prosecuting attorney of Champaign county and in 1865 was
re-elected. He joined the National Guards in 1863 and was appointed Cap-
tain of Company A. Soon afterwards he was appointed lieutenant colonel of
the regiment and in 1864 went with his command into the service of
the United States, when it was mustered as the 134th Ohio, partici-
pating in the demonstrations against Petersburg. This enlistment was
for a term of four months, at the close of which Mr. Todd returned home and
resumed his law practice. He continued in practice until his election as pro-
bate judge in 1878, an office which he held continuously by successive elections
until 1891. After retiring from the judicial office he resumed his law practice,
which is general. He is a Mason and a Knight Templar; has held the posi-
tion of Eminent Commander of Raper Commandery at Urbana. He belongs
to the Grand Army of the Republic and has served as Post Commander. He
is a Presbyterian and has filled the office of deacon and elder in the church.
Politically he is a working Republican. He was married January 1, 1863,
with Miss Virginia Hamilton, of Pretty Prairie, who died in 1868. Two
children by this marriage, Lee H. and Robert M. Todd, are living. In 1870 he
was married with Miss Ella Harvey, of Urbana, and by this marriage has a
daughter, Mary EL, and a son, Frank W. A member of the Champaign
county Bar thus characterizes him : "Judge Todd has been a prominent fig-
ure in Champaign county for over thirty years. He has the esteem of the pro-
fession and the good will of the public. He is a good lawver, though he is not
conspicuous in the trial of causes in court. He is regarded as being a safe, con-
servative and reliable counsellor, and has a very large office practice. As a
citizen he is progressive and takes an active interest in measures that have for
their object the promotion of public weal."

BENCH AND BAR OF OHIO.

333

TPIOMAS H. DOLSON, Lancaster. Mr. Dolson was born at McConnells-
ville, Morgan county, Ohio, November 22, 1851. His parents were Ebenezer
B. and Huldah (Stevenson) Dolson, the former a native of Ohio and the latter
of Virginia. His paternal ancestors were among the early settlers of New
York State. His grandfather, Thomas Dolson, came to Ohio when a young
man, about the beginning of the present centur} 7 and settled in Muskingum
county. He purchased large tracts of land in that and what later became
Perry count} 7 , and took a prominent part in developing the industries of that
section. His father was a farmer and stock dealer of Morgan county for many
years, and is now living in Kansas. The Dolson family are purely American
and gained their right to citizenship both by their civil and military services.
Some members of the family have taken an active part in every war in which
the United States has been engaged. The great-great-grandfather of Mr.
Dolson served with "Washington in the days of 1776-83. His grandfather was
a soldier in the Mexican War and his father served in the First Ohio Heavy
Artillery, as quartermaster of the regiment, from 1862 to 1865, during the
civil war. Thomas. H. Dolson was reared on a farm, and his early education
was obtained in the public schools of Morgan county. Later he took the high
school course at Logan, Ohio, and was graduated with the class of 1868. He
then went to Missouri, and for two years engaged in bookkeeping in the mer-
cantile establishment of his brother-in-law, H. S. Berry, at Cameron. He
returned to Ohio in 1870 and the same year entered the law office of Judge
Martin at Lancaster, where he engaged in the study of law for two years.
He was admitted to the Bar in December, 1873, by the Supreme Court, and
at once entered on the practice of his profession at Lancaster. In 1875 he
formed a partnership with Levi Hite, a prominent attorney of Fairfield county
Bar, a relation, that continued until Mr. Hite removed to Columbus, in 1887.
Since that time Mr. Dolson has been in the practice alone. He served for
four years as prosecuting attorney of Fairfield county from 1876 to 1880 by
election and two years by appointment of the court. His successor to the
office in 1880 died shortly after being elected and Mr. Dolson was appointed
to fill out the unexpired term. This was the only political office he ever held
and this was strictly in the line of his profession. He has held various
municipal offices, such as member of the council and of the board of education,
b,nt nothing that would in any way interfere with his practice. Mr. Dolson,
during the twenty-three years' practice at the Bar in this and other States, has
built up a very fine law business that covers a wide scope of territory. In the
local courts his practice is general, but in the surrounding counties and other
States it is'exclusively criminal, mostly for the defense. Among the notable
cases that have attracted general attention in which Mr. Dolson appeared for
the defense as the leading advocate, mention is made of the stale of Montana

vs. , charged with murder in the first degree. He was acquitted by the

jury. Another was the State of Illinois vs. David Miller, charged with the
murder of A. B. Diamon, mayor of Areola, whom he shot and killed because
of some family trouble. This case was prosecuted with vigor by the State,

334

BENCH AND BAR OF OHIO.

and Mr. Dolson had to combat the ablest lawyers in central Illinois, among
whom was Honorable Horace S. Clark, a man of high reputation as a criminal
lawyer. After a trial of several days' duration Miller was acquitted. He has
also appeared in defense of men charged with high crimes in the States of
Indiana and California, and always with success. Mr. Dolson has appeared
on one side or the other of every important criminal case tried in Fairfield
county during the past fifteen years, and in many of those in adjoining coun-
ties. In the case of the State of Ohio vs. Napier, charged with murder, Mr.
Dolson was appointed by the late Judge Hoffman, of Perry county, to assist in
the prosecution. The defendant was convicted. In his political affiliations
Mr. Dolson is Democratic. He was nominated by his party for State Senator
to represent the Ninth and Fourteenth Senatorial Districts, but was defeated
with the rest of the ticket. He is a member of the English Lutheran Church.
He was married in 1876 to Miss Alida Reinmund, daughter of B. F. and Isa-
bella (Arnold) Reinmund, of Fairfield county, and sister of Henry J. Rein-
mund, insurance commissioner under Governor Hoadly. They have four
children, two sons and two daughters. Referring to Mr. Dolson's standing in
the profession and his leading characteristics, an old and prominent member
of the Lancaster Bar observed :

" While Mr. Dolson does a general law business in the local courts, his
practice runs largely to criminal cases, and in this peculiar line he has quite a
wide reputation. He is adapted by nature for this kind of practice. He is
shrewd, quick to see the weak points of his opponents and aggressive in avail-
ing himself of every advantage presented in the trial of a case. He has a
good voice, an extensive vocabulary, and on his feet before a jury he makes
an effective address. He is the best talker, perhaps, at this Bar, but not the
best read lawyer. If his early education had been commensurate with his
natural abilities as a lawyer his advancement would have been more rapid.
He came to the Bar here early in the seventies, and has improved his oppor-
tunities so well that he now ranks with the leading attorneys of the district.
His reputation as a criminal lawyer is well established in this section of the
State, and he has been called to widely diverging points to defend Ohio citi-
zens charged with the violation of the criminal code of different States. He
has been remarkably successful, and has crossed swords with some able men in
this line of practice. Another feature that has contributed to his success is
that he has confined himself entirely to his profession and is a worker. He
has not neglected his law practice for politics or any other business. He gives
his clients his best efforts and is a trustworthy and reliable lawyer. He is
held in high esteem both by the legal profession and in the community, and
by the public where he is known."

WILLIAM M. ROCKEL, Springfield. Judge Rockel is of German descent.
His paternal ancestors came to America and settled in Pennsylvania about the
middle of the last century. The founder of the American family was a
German school master who devoted his life to educational work in his adopted
country. It is not known what part Judge Rockel's great grandfathers took

David W. Todd Thomas H. Dolson

William M. Rockel
Thomas B. Williams Moses M. Sayre

BENCH AND BAR OF OHIO.

335

in the Revolutionary "War, but the records show that his grandfather served
with the Pennsylvania troops during the War of 1812-14, under the command
of General Henry Shearing, and that at the time of his death he was in
receipt of a pension from the United States government, issued in considera-
tion of services in that war, together with his father, Peter Rockel (the
judge's great-grandfather, then well advanced in age.) He came to Ohio in
1822 and settled on a farm near Tremont City, in Clark county, on which he
resided for sixty -two years, and there died in 1884, at the age of ninety years.
The father of Judge Rockel was born on the Clark county homestead, and has
engaged in agricultural pursuits all his life, and now resides on a farm near
the original homestead. The maternal ancestors of Judge Rockel originally
came from Germany and settled in Virginia. His grandfather came to Ohio
in his early manhood, settling in Carroll county, where his mother Margaret
(Shick) Rockel, was born in 1834. In this year he moved to Logan county,
Ohio, and resided near Bellefontaine until his death in 1895. William M.
Rockel was born on his father's farm in Clark county, July 18, 1855. His
early education was obtained in the district schools of Moorefield township.
At the age of seventeen he entered the Bellefontaine high school, from which
he was graduated in June, 1876, at the age of twenty-one. He immediately
entered the commercial department of the National Normal University at
Lebanon, Ohio, receiving his diploma in December of the same year. Lie then
began the classical course at the same institution, but before he was far
advanced in his studies an ailment of his eyes, caused by overwork, compelled
him to abandon his text books temporarily. During his school days Judge
Rockel taught one term of district school of seven months. For a time after
leaving school he studied law privately, as his health would permit. In 1877
he entered on the regular course of study in the office of Keifer & White, a
prominent law firm of Springfield. General Keifer was at that time in Con-
gress, and speaker, and later Judge Charles R. White was elected to the
Bench of the Court of Common Pleas of Clark county. He was with this
firm for two years when he was admitted to the Bar by the District Court in
1879. He at once began practice at Springfield, which he continued until he
was elected to the office of probate judge in 1890, and was re-elected in 1893.
At the close of this term (February, 1897), he expects to re-enter the practice
of his profession in Springfield. Judge Rockel took a prominent and active
part in the organization of the Springfield Building and Loan Association, and
was its first president, and later its attorney, until he accepted the office of
probate judge. He is now one of the directors, and usually represents this
association at the meetings of the State League. It was also largely through
his instrumentality that Clark county has such an excellent law library. He
induced the surviving subscribers of a fund for a Bar association to donate a
fund of some three hundred dollars in their possession as a nucleus for a
library fund. This was done and receiving the hearty support of the Clark
county Bar, the result is the present fine collection of law books and legal
literature. While Judge Rockel has always, since his entrance into the pro-

336

BENCH AND BAR OF OHIO.

fession, been a student of law books, he also been an author and contributor
to law publications. The papers he has most favored are the Central Law
Journal, of J8t. Louis, Missouri, and the Weekly Law Bulletin, of Columbus,
Ohio. He was one of the contributors to the first twelve volumes of the
" American and English Encyclopedia of Law," but the duties of his office
compelled him to desist. The first product of his pen to appear in separate
book form was a pamphlet entitled, "Questions Selected from the Decisions
of the Supreme Court of Ohio." The next was, " Ohio Mechanic's Lien Law."
The next and last, also the most widely known, was entitled " Complete Guide
for Township officers." The first edition of this work was put upon the
market in 1890, and the book is now in its fourth edition. These legal pub-
lications have made Judge Rockel's name well known to the profession
throughout the State. During the five years he has occupied the position of
probate judge, he has had the satisfaction of knowing that his work was at
least fairly done, as he has not been reversed in a single case in the higher
courts'. He was appointed by the Supreme Court of the State in 1890 as one
of a committee of attorneys to examine applications for admission to the Bar,
and remained on this committee until he assumed the duties of probate judge.
Politically, nearly all of Judge Rockel's ancestors were of Democratic faith,
and his first ballots were cast for the candidates of that party. But this con-
tinued but a very short time, when he allied himself to the Republican party,
in which he has been a faithful member. He believes in granting to every one
in the exercise of his political or religious convictions the fullest possible
rights consistent with good government. He is a member of the
'First Lutheran Church of the city in which he resides, and a director of the
Y. M. C. A. Judge Rockel is a member of Clark Lodge No. 101, F. and A. M.,
and of Red Star Lodge No. 205, K. P., and of Uniformed Rank, Division No.
44, K. P. He is now serving as colonel and assistant judge advocate general
on the staff of Brigadier-General Howe, of the Ohio brigade, U. R. K. P. On
April 22, 1896, he was united in marriage to Miss Nettie Grace Curley, an
accomplished young lady of Beatrice, Nebraska. Judge Rockel has been the
architect and builder of his own fortune. He began his career with no other
resources than those with which nature endowed him, and he has had but little
financial assistance from friends or others since. His standing in the pro-
fession and in the community may be gathered from the following statement
made by a prominent and leading member of the Bar : " Judge Rockel is
highly respected both as a citizen and as a lawyer. He is more of a lawyer
than he is an advocate. He has been a hard student, and his text books have
been read understandingly. His practice, his writings and his decisions, all
show that he has assimilated the correct principles of law. His judicial turn
of mind fits him in an eminent degree for the Bench. In his present position
he has given excellent satisfaction."

BENCH AND BAR OP OHIO.

337

THOMAS B. WILLIAMS, New Lexington. Mr. Williams, prosecuting
attorney of Perry county, is a native of Ohio. He was born atPomeroy, Jan-
uary 5, 1870. His parents were Benjamin and Elizabeth (Johnson) Williams,
both natives of Wales, who came to the United States in 1863 and settled at
Niles, Ohio, later removing to Pomeroy and finally locating at New Straits-
ville, in Perry county, where they reside at present. Thomas B. received his
education in the public schools of New Straitsville, graduating from the high
school with the class of 1889. He had decided on the profession of law as a
vocation, and immediately after leaving school took up his legal studies, one
year privately, then for a period of two years at the Cincinnati Law School
from which he was graduated in 1892. He at once began the practice of his
profession at New Straitsville alone, being the only attorney in the town. In
the fall of 1893 he was elected to the office of prosecuting attorney of Periy
county, which office he still fills. Mr. Williams has the confidence and respect
of the people of Perry county, and as an indication of the esteem in which he
is held by the profession of which he is a member, we quote from the remarks
of one of the leading attorneys of the Perry county Bar :

" T. B. Williams is a young man and no one can tell what an attorney of
thirty will be when a quarter of a century has been added to his cycle of time.
Mr. Williams has, however, already accomplished enough to entitle him to the
respect of the community. His father was a miner and as such only earned
sufficient wages to supply his family with the necessities of life. To give his
children much in the way of educational advantages was impossible. Young
Williams went to work in the mine before he was ten years old, and kept it up
whenever there was work to do, until after he graduated from the public
school of New Straitsville. When at work he attended school at night and
kept up with his classes. After his graduation he kept at work until he earned
sufficient money to carry him through the Law Department of the Cincinnati
College. He determined in early life to better his condition and went about it
in the only practical way — by his own individual efforts. That he earned his
daily bread from childhood, procured for himself a fair literary education, had a
degree conferred upon him by one of the leading law schools of the country and
established himself in a learned profession before he was twenty-five years of
age, forms a pretty fair prognosis of what the future of the man will be. If
he shows the same degree of industry, integrity and ability in the future that
he has in the past, then he will get. somewhere near the top in his profession."

Mr. Williams has, since he came into the office of prosecuting attorney,
tried some notable cases. In the two cases of the State vs. Underwood and
Napier, which he conducted without assistance, both were convicted of man-
slaughter, a very good verdict considering the state of public opinion. Mr.
Williams is a member of the Republican party and takes an active interest in
party politics. He was married November 30, 1893, to Miss Sarah A. Griffith
■daughter of David G. Griffith, now of Whiting, Indiana, one of the prosperous
suburbs of Chicago.

338

BENCH AND BAR OF OHIO.

MOSES M. SAYKE, Urbana. Mr. Say re is a lineal descendant of revolu-
tionary stock. His great-grandfather was a soldier in the army of General
Washington, and participated in most of the important movements of his army.
Kelics captured by this grand sire at the battle field of Monmouth are still in
possession of the family. His grandfather was a soldier in the war of 1812-14,
serving on the frontier against the British and their Indian allies. The family
are of English and Scotch descent and were among the early settlers of the
colonies. The grandfather of our subject came to Ohio in 1808, from Virginia,
and settled on a farm near Urbana in Champaign county, where the remainder
of his life was passed. Martin Sayre, the father of Moses M., was born on this
farm, and after marrying settled on another within eight miles or Urbana, on
which he spent all his mature life and died in 1892, at the age of seventy-five.
This farm is now owned by Mr. Sayre, and on it he was born on the 21st day
of November, 1849. His mother, Jane C. Sayre, was a native of Champaign
county, daughter of Moses Mcllvain, of Salem township. Moses M. was
brought up on the farm and spent his boyhood days in attending the district
school and working on his father's farm. At the age of nineteen he entered
the preparatory department of Oberlin College and remained at that institu-
tion four years, reaching the junior class, when he applied for dismissal in
order to finish the course at Yale University. He applied for admission to
that institution and after a rigid examination was admitted to the senior class
and was graduated with the class of 1874, receiving the degree of Bachelor of
Arts. After teaching for one year he took up the study of law in the office
of Judge William Lawrence, at Bellefontaine, Ohio, where he devoted two
years to legal studies. He was admitted to the Bar in May, 1877. In Jan-
uary, 1878, he opened an office in Urbana for the practice of law, alone, and
has so continued to the present time. During the eighteen years that Mr.
Sayre has devoted to the practice of law he has given his time entirely to his
profession. He has not engaged in politics or in any outside business ven-
tures. While his practice is a general one he caters more especially to com-
mercial business and makes it a rule never to take a case into court that can be
settled outside. He leaves criminal practice to those who have a taste for that
class of business. In his party affiliations Mr. Sayre is a Kepublican, though
he takes no active interest in politics. He represented the senatorial district
in the State senate for the years 1882 and 1883, but was not re-elected, as there
is an unwritten law that the office shall pass around to the different counties in
the district consecutively. He has never accepted a nomination for any other
office. He was married in 1881, to Miss Ella Morris, daughter of Thomas and
Maria (Keller) Morris, of Champaign county. They have three children, one
son and two daughters. Mrs. Sayre's ancestors were among the pioneer set-
tlers of the county. Mr. Sayre's standing in the community is high both as a
business man and as a citizen. His standing in the profession may be gathered
from the expression of one of the leading members of the Bar of the county :
" Mr. Sayre is not a conspicuous figure in court practice, though he is a well
educated man and a well equipped lawyer. He has a good office practice and

Frank H. Southard George K. Brownihg

Simeon M. Winn Alfred A. Frazier

BENCH AND BAR OF OHIO.

339

does a large business for outside firms and corporations. He is well adapted
for that special line of practice. He is well posted in law and is conservative
and reliable. I believe he finds his time pretty well occupied with his special
line of practice and makes no effort to get court cases other than what arise
in the course of his business. He is honest, trustworthy and a good citizen."

FRANK H. SOUTHARD, Zanesville. Honorable Frank H. Southard is a
native of Ohio, born at Hanover, Licking county, October 31, 1842. His
ancestors on both sides were of the early settlers of America. His father's
people first settled in New Jersey, about 1630, his grandfather later removing
to Pennsylvania. His grandfather came thence to Ohio, and settled in Lick-
ing county, in 1804. His father, Isaiah Southard, in early life engaged in the
iron business, but abandoned it later and engaged in agricultural pursuits, in
which he continued until his death, in 1885. The Parnell family, Mr. South-
ard's maternal ancestors, were of Irish nativity. They settled in Baltimore,
Maryland, in the early part of the seventeenth century. In his boyhood days
Mr. Southard attended the public schools. At the age of eighteen he entered
Dennison University at Granville, Ohio, remaining there for a period of three
years. In 1863 he entered the senior class of the Ohio Wesleyan University
at Delaware, and was graduated with the class of 1864, receiving the degree
of Bachelor of Arts. He studied law for one year under the tutorship of
Follett & Follett, of Newark, Ohio. In the fall of 1865 he entered the Law,
Department of the University of Michigan, at Ann Arbor, completing the
course in one year. He was admitted to the Bar in the fall of 1866, at Mt.
Yernon, and at once entered upon the practice of his profession at Zanesville, in
partnership with his brother, Milton L, now of New York City. This connec-
tion continued until his brother was elected to represent the Fifteenth District
in Congress, in the fall of 1872. Since that time he has continued the practice
alone. During the thirty years he has been in practice at the Zanesville Bar
Mr. Southard has built up a large and lucrative practice, and ranks with the
leaders of the Muskingum Yalley Bar. He began his career as a lawyer and
has never been anything else. His time has been devoted entirely to his pro-
fession and he has won his position by conscientious labor. Speaking of his
standing in the profession and his ability as a lawyer, one of the best known
members of the Zanesville Bar. said: "Frank H. Southard must be classed
with the ablest attorneys at this Bar. He belongs to that class who have
eschewed everything else for their profession and whose rise is the result of
honest, conscientious labor. No man is smart enough to be a good lawyer
without work, and Mr. Southard has never shown any inclination to slight the
drudgery of the profession. He is faithful in the discharge of his duty to his
clients and at the same time a fair antagonist in the litigation G f a case." In
politics Mr. Southard is a Democrat, but has never taken an active part in
partisan affairs and never accepted a nomination for any elective office. He

340,

BENCH AND BAR OF OHIO.

was nominated for Congress in his district in the summer of 1896, during a
temporary absence from home, but on his return declined the nomination. Ke
is a member of the Masonic Order. In 1872 he was married to Miss Laura L.
Laughiy, daughter of John Laughry, of Portsmouth, Ohio. They have one
son, Carlisle M. Southard, now reading law in his father's office.

GEORGE K. BROWNING, Zanesville, prosecuting attorney of Muskingum
county. Mr. Browning is a native of Muskingum county, born on his father's
farm in Hopewell township, March 26, 1860. His parents were James
and Elizabeth (Shepard) Browning, both natives of Virginia. Both of his
parents were of Anglo-Saxon descent, and their ancestors were among the
pioneer settlers of Virginia. His father brought his family from Virginia to
Ohio in 1856, and settled on a farm in Muskingum countv. George K.
received his elementary education in the public school of his district, and
practical lessons on his father's farm between school terms. In 1884 he
entered the Muskingum College at New Concord, remaining there three years.
In 1887 he commenced the study of law in the office of John W. King, at
Zanesville, pursuing his studies for three years. He then entered the Law
Department of the University of Michigan, from which he was graduated in
1891 with the degree of Bachelor of Laws. He returned to Zanesville
and read law for another year, when he was admitted to the Bar and
to practice in all the courts of the State. He at once began practice alone at.
Zanesville. In the fall of 1893 he was elected prosecuting attorne\ r of Musk-
ingum county for a term of three years and has discharged the duties of the
office in a manner that has been very satisfactory to the court and to the public.
During his term of office he has tried about fifty felony cases and secured
convictions of about eighty -five per cent, of them. One notable case was that
of the State vs. Jacob Cherry, indicted for murder in the first degree. The
defendant was represented by able counsel, and the defense was insanity.
Among the one hundred and twenty witnesses examined there were many
expert specialists, involving a vast amount of technical research. The trial
lasted for twelve days and the State secured a conviction of murder in the
second degree. Mr. Browning had no assistance in this or any other matter
that came under his jurisdiction since he occupied the office. He is a man of
exemplary habits, of strict integrity and moral worth. Of his professional
standing one of the leading members of the Zanesville Bar said : " George K.
Browning is one of our promising young attorneys. What his future will be
I cannot say, but he has made a good start. As prosecuting attorney he has
made a record that would be a credit to an older practitioner. He is a hard
worker, attends to his business, and will undoubtedly succeed." He was
married March 12, 1896, to Miss Helen M. Lewis, daughter of Henry and
Harriett Lewis, of Lansing, Michigan. Mrs. Browning is a niece of Charles

BENCH AND BAR OF OHIO.

341

D. Lewis, of Brooklyn, New York, the well known humorous writer under
the nom de plume of M. Quad. Mr. and Mrs. Browning attend the Methodist
Episcopal Church, of which they are honored members.

SIMEON M. WINN, Zanesville. Mr. Winn is a native of Muskingum
county, born on his father's farm near Adamsville, January 27, 1862. His
parents were Dolphin and Catherine Jordan Winn, the former a native of
Loudon county, Virginia, and the latter of Baltimore, Maryland. Mr. Winn's
paternal grandfather, William Winn, came to Ohio in 1823, and settled on a
farm in Perry township, and was the first to break ground for cultivation in
that part of the county. The family has been among the most prominent in
Perry township, from its settlement down to the present time. Dolphin Winn
died on the farm where he had spent the mature years of his life, in 1885, his
widow still surviving him. Simeon received his rudimentary education in the
district school in Salem township, which was supplemented by a course in the
Adamsville high school. He put in the time between school terms in assisting
with the work on his father's farm. In 1882, at the age of twenty, he began
teaching and followed that avocation for the three years following, studying
law privately as his duties would permit. In the latter part of 1884 he came
to Zanesville and took up a systematic course of legal studies in the office of
Frank H. Southard, which he continued for one year. In 1885 he entered
Zanesville College, where he took a commercial course, keeping up his law
studies in the meantime. In October, 1886, he was admitted to the Bar and
at once began the practice of his profession at Zanesville. In November, 1887,
he was elected prosecuting attorney of Muskingum county and three years
later was re-elected, serving the county most acceptably for six }^ears in that
capacit} 7 . In politics Mr. Winn is a Democrat. He is a member of the Inde-
pendent Order of Odd Fellows and Knights of Pythias, and is a Past Exalted
Ruler of Zanesville Lodge No. 114 of the Benevolent and Protective Order of
Elks. Said one of the leading; members of the Zanesville Bar, in referring; to
his standing in the profession and in the community :

"Mr. Winn is recognized as one of the hard working and rising young
members of the Zanesville Bar. He began his career as a teacher in the pub-
lic schools of the county and has always been a hard student. Shortly after
his admission to the Bar he was elected prosecuting attorne} 7 of Muskingum
county and in that position his ability gained general recognition. He held
the office for six years and during that time the business was the greatest for
man} 7 years and he was a prominent figure at every session of the court. His
defense of Elizabeth Honnold in 1890, on trial in the Common Pleas Court of
Licking county, charged with murder, in which he secured her acquittal,
gained for him quite a reputation as a criminal lawyer. Another case that
attracted wide attention, which was brought about at his instigation, was the
defeat of the amendment to the River and Harbor bill in 1890. He claimed the
act to be unconstitutional and advised the county commissioners to ignore the
notice of the Secretary of War. In the suit that followed, registered on the

?A2

BENCH AND BAR OF OHIO.

docket as United States vs. the Commissioners of Muskingum county, his con-
tentions were maintained by the Federal Circuit Court. For a young man his
practice is both large and lucrative."

ALFRED ASHWELL FRAZIER, ZanesvilLe. The Frazier family, as the
name implies, is of Scotch origin. The progenitor of the American branch of
the family, David Frazier, came to America in the early part of the last cen-
tury and settled in Yirginia. His descendants took part in the struggle for
independence and have taken an honorable part in the history and develop-
ment of the country. Samuel Frazier, the grandfather of our subject, removed
from Ohio county, Virginia, to Belmont count} 7 , Ohio, about 1825, and ten
years later removed to Muskingum county, and settled on a large tract of land
in Licking township. Stocton Frazier, the father of Alfred Ash well, was
reared on the farm, and still resides on his farm in Muskingum township.
Alfred A. was born October 19, 1854, and was reared on his father's farm.
His mother was Elizabeth A. McCann Frazier, of Scotch-Irish descent. Her
people also came to America in colonial times and settled in Pennsylvania,
removing to Ohio early in the present century. Mr. Frazier's early education
was obtained in the public schools of Muskingum township, which was supple-
mented by a course at the Dresden high school. In 1872 he entered Denni-
son University, where he spent three years. He finished his college course at
the Wooster University, entering the sophomore class in 1876 and was gradu-
ated with the class of 1879. with the degree of Bachelor of Arts. He also
received the second honors of his class. In the fall of the same year he
entered the Law Department of the Cincinnati College, from which he was
graduated in 1881, again standing second in his class and receiving the degree
of Bachelor of Laws. In 1882 his Alma Mater conferred upon him the degree
of Master of Arts. He began the practice of law in 1881, at Zanesville, in
partnership with H. C. Van Voorhis, now representing the Fifteenth District
in the National Congress. This association remained in effect until 1885,
when Mr. Van Voorhis went out of the firm to accept the presidency of the
Citizens National Bank. Since that time Mr. Frazier has been alone in prac-
tice. During the fifteen years he has been in the active practice of law he has
confined himself strictly to the profession and built up a large and important
clientage. Referring to his standing and ability as a lawyer, said one of the
well-known members of the Muskingum county Bar: " A. A. Frazier must be
classed with the successful practitioners of this Bar. He entered the profession
thoroughly well equipped for the practice of law and has ever since been a con-
scientious worker and consequently is well grounded in the principles of law.
He has always attended strictly to business, has no ambition for political pre-
ferment, has not dabbled in outside speculation, but has in short been purely a
lawyer and is meeting with deserved success. His standing as a member of
the Bar is irreproachable. He is of strict integrity, fair in his practice, and

BENCH AND BAR OP OHIO. 343

upright in his dealings with all men. He is respected by the community and
esteemed by the profession." In his political affiliations Mr. Frazier is a
Republican and takes an active part in the advancement of the interests of
his party. He was chairman of the executive committee for the years between
1885 and 1890. He was married in 1881 to Miss Emma L. Clark, daughter of
James and Anna Wilson Clark, of Yan Wert, Ohio, and of Revolutionary
stock. They have one son and one daughter, named respectively, Florien and
Florence. They attend the Putnam Presbyterian Church, of which Mr. Frazier
is a member. During the year 1889 Mr. Frazier was one of the members of
the board of examiners for admission of applicants for membership in the Bar,
by appointment of the Supreme Court.

ALVIN W. KUMLER, Dayton. Judge Kumler is a native of Ohio. His
ancestors were among the earliest settlers of the State. He was born on his
father's farm near Trenton, in Butler county, January 30, 1851. He is a
member of the well-known Kumler family of eight sons and three daughters.
Six of the eight sons of the family became attorneys (one of whom has since
deceased), and two of them have been judges, and all prominent in their pro-
fession. Judge Kumler obtained his elementary education in the common
schools of his district, putting in the time between school sessions in assisting
his father and brothers on the farm. His father appreciated the worth of an
education and furnished each of his sons and daughters with that which
proved of more value than wealth. Judge Kumler attended Antioch College
for two years, after which he spent one year at the Ohio Wesleyan University
at Delaware. He early chose the profession of law for his life work, and
immediatety after leaving school he took up the study of law in the office of
the well-known law firm of Boltin & Shauck, of Da} 7 ton. Completing his ordi-
nary reading, he entered the Law Department of the University of Michigan
at Ann Arbor, from which he was graduated in 1875. He shortly after began
the practice of his profession at Dayton, for the first two years alone, after
which he formed a partnership with the Honorable R. M. Kevin under the
firm name of Nevin & Kumler, an association that continued in effect until
his election to the Bench of the Common Pleas Court in 1896. In 1879 he
was elected city solicitor, and again in 1881, both times in the face of a large
adverse majority. By an act of the legislature in the session of 1895-1896 one
(additional) judgeship was added to the Third Subdivision of the Second
Judicial District, which Judge Kumler now fills for five years. Judge Kumler
has always been held high in the councils of the Republican party in the State,
and his judgment has been frequently sought by his brothers, both at the Bar
and in politics. In addition to his legal acquirements, he has good judgment,
and his manners are very affable. Referring to his legal abilities and his
standing in the profession, said one of the most conspicuous members of the
Dayton Bar :

344

BENCH AND BAR OP OHIO.

" Personally, Judge Kumler is a very popular man, and he is well liked
both on and off the Bench — in the profession and out of it. The Judge has
served but one year on the Bench, and his work has proven eminently satis-
factory to the people and the lawyers. He has been in practice over twenty
years and has taken part in much important litigation. He has a good mind
and is well grounded in the principles of law. He is a pleasing and effective
speaker, and states his law points logically and accurately. He has main-
tained himself well in every position in which he has been placed, and as a
judge continues to do so. He has given his time entirely to his profession and
is a good all round lawyer. His duties as judge remove him entirely from
active work in the political arena, but what his party loses in active politics,
will no doubt prove of gain to the whole people."

JUDGE MILTON CLARK, Lebanon. Honorable Milton Clark, who is now
judge of the Common Pleas Court, third subdivision Second Judicial District,
was born at Foster's, Warren county, Ohio, October 27, 1848. His more
remote paternal ancestors hailed from Ireland, but his grandfather emigated
from Maryland to the Northwest Territory before Ohio became a State.
His mother was Ruth Crawford, of English descent. Both of his parents were
natives of the State of Ohio. Both families settled near the town which was
afterwards named Cincinnati. Judge Clark's boyhood was passed on the farm
at every kind of work known to husbandry, and his primary education was
obtained in the common schools. At the age of twenty he was qualified for
admission to college, and matriculated at Ohio Wesleyan University, Delaware.
He completed the full classical course, and received the degree of A. B. upon
his graduation in 1873. He had already chosen the profession of law. and
without delay entered upon the study of it in the office of Josiah Morrow, who
was then one of the leading lawyers of "Warren county. After studying one
year under the instruction of Mr. Morrow he entered the Cincinnati Law
School, from which he was graduated in 1875 as a Bachelor of Law. He first
entered into the practice at Cincinnati, where he remained four years. Well
equipped by learning and practical experience he removed thence to Lebanon,
where he continued the practice without interruption until his election to the
judicial office. He soon made for himself a name and a place at the Bar. His
natural abilities, inclination and aptitudes, re-enforced by acumen, industry and
fidelity to clients, were the potential influences which attracted a large client-
age and built up a profitable business. Responding to the various demands,
he went into all the State and Federal courts with all classes of cases, and
proved himself a successful lawyer by either winning his cases or so conduct-
ing his controversy in a bad cause as to win the admiration of the Bench and
command the respect of his adversary. He was in practice at the Bar about
twenty years, and formed several partnerships during the time — first with
I. N. Walker, second with A. M. Lewis, third with W. L. Dichant, and finally
with F. 1ST. Cunningham. At Lebanon, his home, no man stands higher as a
citizen or more respected as an attorney. Referring to his career, one of the

Milton Clark

Oren B. Brown

irved but one year on the Ben
otory to the people and the la
ears and has taken part in mu<
ad is well grounded in the pri

tnd his

cal arena, but
'am to the wh<

u and he is well liked
t of it. The Judge has
bm proven ' em i n en tlv sa ti s-
\n practice over twenty
Re has a good mind
lu..|» a pleasing and effective
vcly. He has main-
e has been placed, and as a
entirely to his profession and
e remove bim entirely from
larty loses in active politics,

( LARK, Lebanon
Pleas Court, tfc
s, Warren count
sectors hailed fro?
the Northwest !

o is now
District.

nnati.

Judge

citize

re, and matriculated at- Ohio Was&B^i
full classical course, and received
1873. He had already smmtfi :|^(
•rvd upon the study of it ia -iMm
leading lawyers of '-' com
n of Mr. .Morrow h« #ia
it lie was graduated in 187&''lMkfc;-fMi
>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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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.

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