Allen County, Ohio - Chapter 12: Bench and Bar, 1906

Chapter 12: Bench and Bar

Introduction - Lawyers of "Ye Olden Times" - Their Fun and Their Work - John C. Spink - David A. Colerick and Others - " Good Count Coffin berry" - Patrick G. Goode, Distinguished Lawyer, Preacher, Congressman and Citizen - Emery D. Potter, Lazvyer and Postmaster - /. M. May, the "Nestor" of the Bar - Hamilton Daviso)i - Mathias H. Nichols, Brilliant Lazvyer, Scholar and Statesman - Col. Lester Bliss, Legislator and Soldier - Benjamin F. Metcalf, Allen County's Noted Judge of the Early Days - Thomas M. Robb, Able Lazvyer, Editor and Mayor - James Mackenzie, Distinguished Judge, Noted Scholar and Patriotic Citizen - Isaiah S. Pillars, Legislator, Lazvyer, Jurist and Ohio's Distinguished Attorney General - Theodore E. Cunningham, Historian, Lazvyer and Friend of the Common People - Charles N. Lamison, Brilliant Lazvyer, Statesman, Soldier and Jurist, and Orator of the Old School - Charles M. Hughes, Jurist, Soldier and Distinguished Citizen - Jacob S. Conklin, Brilliant Scholar, Successful Lazvyer, Conversationalist and Judge - James Savage Daniels, Pioneer Lazvyer and County Commissioner - Allen County's Three Court Houses - The Bar of To-Day - A Long List of Well-Educated, Successful and Brilliant Men - The Allen County Lazv Library.

The Majesty Of The Law

The law has long been regarded as one of the learned professions. To fully understand and follow its intricate channels, explain its -obscure provisions, and maintain its majesty, all the learning and integrity of the best men of the ages are required. Only when the highest scholarship is coupled with integrity and energy, do we see the ideal lawyer.

Every principal of civilized life, and therefore of progress, is based upon the majority of the law. The majesty of the law can only be maintained by the integrity of judge and jury, and the faithfulness of the advocate. Honesty is no more a jewel in any profession than in the law. The widow's mite and the vast estate of the millionaire, the reward of virtue and the punishment of vice, alike depend upon honesty in the execution of the law. Well has the blind goddess of justice been chosen as her symbol.

the case of his poor client in his home courts, and won it upon its merit. The case was appealed to the Supreme Court of the State, and when the young lawyer arrived upon the scene he learned that the opposition, with wealth at their command, had employed no less distinguished talent than Hon. Benjamin F. Butler. The young man asked a postponement until his client could get equally as strong counsel.

Wendell Phillips, the world's most eloquent advocate of human rights, and defender of the majesty of law, thus blasts the reputation of Rufus Choate, in his great fraternity lecture on "Idols," delivered in Boston, October 4, 1859:

"Suppose we stood in that lofty temple of jurisprudence, on either side of us the statutes of the great lawyers of every age and clime, and let us see what part New England - Puritan, educated, free New England - would bear in the pageant. Rome points to a colossal figure and says, 'That is Papinian, who, when the Emperor Caracalla murdered his own brother, and ordered the lawyer to defend the deed, went cheerfully to death rather than sully his lips with the atrocious plea ; and that is Ulpian, who, aiding his prince to put the army below the law, was massacred at the foot of a weak, but virtuous throne.'

"And France stretches forth her grateful hands, crying, 'That is D'Aguesseau, worthy, when he went to face an enraged king, of the farewell his wife addressed him - "Go! forget that you have a wife and children to ruin, and remember only that you have France to save." '

"England says, 'That is Coke, who flung the laurels of eighty years in the face of the first Stuart, in defense of the people. This is Selden, on every book of whose library you saw written the motto of which he lived worthy, "Before everything, Liberty!" That is Mansfield, silver-tongued, who proclaimed,

" 'This is Romilly, who spent his life trying to make law synonymous with justice, and succeeded in making life and property safer in every city of the empire. And that is Erskine, whose eloquence, spite of Lord Eldon and George 111., made it safe to speak and to print.'

In the early days of the administration of justice, there was not such a rush of business that pleasure was entirely crowded out. Most of the legal lights of those days had some accomplishments, in addition to their silvertongued eloquence at the bar, and the hours when out of court were whiled away with "quip and quirk and wanton -wile."

John C. Spink, of Wooster, was known as a great wag, as well as a fiddler of no mean ability. M. V. Way, of Perrysburg, and James G. Haley, an Irishman, added to the enjoyment of their colleagues. James Purdy, of Mansfield, is another early visitor to this circuit. Judge Hall was the wit of the early bar and could don the cap and bells with as much ease as he did the ermine. Judge Potter was the songster and shone when warbling such ditties as "Lord Lovel" and "Rosin the Bow." Andrew Coffinberry was a great violinist.

Among the disciples of Blackstone belonging here we find the names of David A. Colerick, Henry Cooper, Charles Johnson, Lucien P. Ferry, John H. Morrison, Judge Ewing, Judge Price, William H. West, Judge Walden, Lawyer Coombs, Judge John Morris, Henry Reed, H. L. Hosmer, E. Allen, Henrv Bennett, S. B. Campbell, Judge Tilden, General Hill, Moses B. Corwin, Jacob S. Conklin, John A. Corwin, Joseph S. Updegraff, John McSweeney and James M. Coffinberry.

Probably the most widely known of all the early members of the bar was Andrew Coffinberry, a native Virginian, who came with his parents to Ohio in 1806. He was noted for his exquisite neatness in dress, and his refined manners. Because of his resemblance to Count Puffendorf, and his exceeding kindness to the younger and less experienced members of the bar, he obtained the sobriquet of "Good Count Coffinberry," and "Count" Coffinberry is well known where Andrew has never been heard of.

His circuit extended from Mansfield to Lake Erie, and west to the Indiana and Michigan State lines. This circuit was made on horseback and took weeks for its accomplishment.

Mr. Coffinberry practiced continually from the time of his admittance to the bar in 1813, to within a few days of his death, which occurred May 11, 1856, making almost half a century of the law. A man of rare endowments and marked characteristics, he left a lasting impress on his age. His son, James M. Coffinberry, also practiced in our courts, and was a worthy son of his illustrious father.

Patrick Gaines' Goode, lawyer, Congressman, and Methodist preacher, was born in Charlotte County, Virginia, May 10, 1793, and died October 7, 1862. He was named for Patrick Henry, who was a friend of his father. His father, Warren Goode, emigrated to Warren County, Ohio, eight miles south of Xenia, in 1805. He purchased land here, but in 1814 he moved to Xenia for the purpose of educating his family. Patrick worked on the farm until he was 16 years old, when he left it with regret. He commenced his education with Professor Espy, who conducted a classical school at Xenia; he remained at the Professor's academy nearly three years, when Professor Espy moved to Philadelphia. Young Goode accompanied him and in the new institution acted as pupil and tutor. After remaining two years in Philadelphia, he removed to Lebanon, Warren County, where he commenced the study of the law under Judge Collett.

At the age of 23 he was admitted to the bar at Lebanon. This was the strongest bar in the State, composed of Thomas Corwin, Judge Collett and others equally great. In 1828 he removed to Sidney, where he taught school for a time, as there was little opportunity for law business. In 1832, he was appointed State Sabbath-school agent, to travel in Shelby and the counties north of it for the purpose of establishing Sunday-schools. To this work he devoted himself with assiduity, and won the lasting friendship of all with whom he came in contact.

He was prosecuting attorney of the Lima district in 1833.. In the same year he was elected to the Lower Llouse of the Legislature from the counties of Darke, Shelby and the then other organized counties to Lake Erie and was re-elected the next year. He was a candidate for the Senate in 1835, but there having been some trouble over the office he declined it. The next year he was elected by a large majority to Congress in the district extending from Dayton to Toledo. He was reelected in 1838 and 1840 and until the territory was redistricted, when he declined being a candidate.

While a' Member of Congress he labored unceasingly for his constituents, and is said to have done more for the improvement of the Maumee Valley than any other person. In 1844 he was elected presiding judge of the 1 6th Judicial Circuit, composed of Allen, Shelby, Mercer, Hardin, Hancock, Putnam, Paulding, Van Wert and Williams counties. To these Defiance County was afterward added. This position he held for seven years or until the district was remodeled. After this he continued at the bar but a few years, becoming in 1857 a Methodist minister. In 1862 he overworked himself at a conference held at Greenville, and returning home died two weeks afterward.

Judge Goode on July 3, 1822, married Mary Whiteman, of Greene County. Two children are living: Mrs. Catherine McCullough, of Sidney, and Benjamin W. Goode, of Franklin, Ohio.

James Goode was a fine classical scholar and a great lover of books, not restricting himself to the purchase of law books only, but extending his researches into other fields. He gained the favor of court and jury by his candor and his singularly persuasive and winning manner of address. He possessed an uncommon knowledge of human nature, and his early and thorough training in jurisprudence, coupled with this quality, made him one of the most successful lawyers of his time. He was as lawyer, legislator or preacher the best in hisparticular line. Whatever he did, he did with his whole mind and gave it his undivided atjih\' tcntion. Judge Goode's old home in Sidney is the site to-day of the beautiful home, "Whitby Place," of W. H. C. Goode (of the Sidney Steel Scraper Company), one of Sidney's most honored citizens.

Emery D. Potter was born in Providence, Rhode Island. When two years old he was taken by his parents to Otsego County, New York. He studied law in the office of John A. Dix and Albert Cook, Jr., at Cooperstown and was admitted to practice in the Supreme Court of the State two years afterward. In 1835 nioved to Toledo, at which place he was appointed postmaster, the second man to hold that office in the town. After finishing his term as postmaster, he was appointed judge of the 13th Judicial District. In 1843 he was elected to Congress as a Democrat from a strong Whig district by a large majority. He remained through that Congress, closely attentive to his duty and quickly making himself a leader. He was one of the select committee charged with the duty of devising a plan to carry into effect the will of Mr. Smithson who founded the Smithsonian Institution.

In 1845 he was chosen mayor of Toledo, a position he held three successive terms. From his youth he was a great lover of field sports, and is said to have killed more deer than any other man of his time in the State. He retired in 1875.

J. M. May, who was known in his later years as the "Nestor" of the bar, was in the early days noted as a player on the trombone, and combined with his musical ability all the requirements of the just judge. He was a fine advocate, as well as an able chancellor lawyer, and during a long life always maintained his high character as a good citizen and an honest man.

Among the resident members of the bar who achieved distinction were: Judges Metcalf, Mackenzie, Hughes and Robb; C. N. Lamison, S. A. Baxter, Isaiah S. Pillars, T. E. Cunningham, M. PI. Nichols, Hamilton Davison, Lorin Kennedy and Col. Lester Bliss.

warding the interests of the young town. He is on record as surveyor of many of the first established roads, and his name occurs on many of the titles to real estate as notary public. Mr. Davison was a man of good morals, a fine counselor and a cultivated gentleman. Mrs. Davison was a woman of intelligence and refinement, beloved by all who knew her. There were two children, who died suddenly at the age of 16, and Emma, who is now Mrs. Strong* of Defiance.

One of the most brilliant lawyers that ever graced the bar of the county was Mathias H. Nichcb, who rose from obscure poverty to the position of one of the foremost men of this, part of the State, and who ended his full life at the age of 37, a time when men are but beginning their careers. Mr. Nichols came to town in 1845, worked as a printer for a time, but soon brought out the paper called the Argus , selling his vest, the only one of his garments that had a market value, in order to buy paper on which to print his first issue. He soon developed that wonderful power over men which placed him at the head of affairs in this region and sent him to Congress at the early age of 27 years. Mr. Nichols was elected to Congress the first time by Democrats; the second time he ran independently, but was supported by the votes of what is now the Republican party and by many Democrats, whose attachment to the man was greater than to their party. He was elected on the Republican ticket for a third term, but was defeated the fourth time he ran by but 72 votes. Mr. Nichols was prosecuting attorney in 1851, which position he resigned to enter Congress. After leaving Congress in 1859, he resumed the practice of the law and continued it until the breaking out of the war in 1861, when he volunteered among the very first, and was elected captain of the first company that went into the service from Allen County. At the end of three months he retired to civil life, but when Kirby Smith threatened Cincinnati in the fall of 1862, he volunteered as a private in the "Squirrel Hunters' " demonstration for the protection of the city, and while there died of dropsy of the heart.

via Fisher. There is but one of his five children living- - Danton H., of Eddy, New Mexico. Mr. Nichols was an able lawyer, a man of general and varied information; he held high positions and maintained his character as a public representative with honor to himself and to his district. . He possessed wonderful personal magnetism and there was probably no man in the country who was more highly esteemed and honored than he.

Col. Lester Bliss was born in Cooperstown, New York, August 17, 1817. His father, Dr. David Bliss, a native of Vermont, removed from Cooperstown in 1818, and settled in what is now Marion County, Ohio. Colonel Bliss obtained a liberal education at the Fredericktown High School, and completed a good classical and literary education at Granville College. He studied law and was admitted to the bar of Ohio at Marion in June, 1841. In August following he located in Lima, where he carried on an active practice for several years. He served as prosecuting attorney for the 'County for one term and declined a subsequent nomination for that office. In 1852, Colonel Bliss was elected to represent Allen County in the Legislature, it being the first representation of the county under the new constitution. He declined the nomination for Lieutenant Governor. In August, 1862, he volunteered his services in defense of the Union. In the spring of 1864, he was commissioned a lieutenant-colonel, and did active service until his resignation. Colonel Bliss was the first mayor of Delphos.

Benjamin F. Metcalf, by many considered the greatest of Allen County's lawyers, was born in Miami county in 1818, being next to the youngest of 10 children. He learned, while a mere boy, the trade of tailor and studied law Avhile working at his trade. With book propped up before him he stitched and studied at the same time. In his case we have a beautiful -example of the survival of the fittest, as the strongest side came up and a tailor was spoiled to make what was to be our greatest judge.

taught school, as did so many of our great men, before and since. I11 1848 Mr. Metcalf was elected a member of the State Legislature and soon after moved to Delphos, then in the same county. While residing in Delphos he was editor of the Section Ten Budget.

He was elected to the common pleas bench in 1851, and soon after moved to Lima, where he resided until his death, which occurred February 27, 1865. At the time of his death he was serving his third judicial term. Judge Metcalf was distinguished for his remarkable ability in disposing of questions upon what he called "original principles." He ignored precedent largely, and had no patience with legal technicalities. He was a man of fine mind and noble heart, a just judge and firm friend.

"The bar of Allen County met in the office of Isaiah Pillars. Hon. T. M. Robb was called to the chair and T. E. Cunningham was appointed secretary. Messrs. Mackenzie, DePuy, Lamison and Pillars were appointed a committee on resolutions." These have all appeared at the bar of eternal justice.

Thomas M. Robb was born in Washington County, Pennsylvania, October 25, 1812. His father came to Guernsey County, Ohio, in 1815, bringing his family with him. Mr. Robb, the subject of our sketch, learned in Guernsey County the trade of printer, and tramped the country over, going to Cincinnati, Zanesville, Philadelphia, Baltimore and minor points.

He eventually returned to Logan County, where, in 1856, he edited the Western Aurora of Bellefontaine. In 1842 he edited the Gazette of Marysville, Union County, Ohio, and in the same year was editor of the Logan Democrat. In 1844 Mr. Robb was appointed clerk of the Court of Common Pleas of Logan County, which office he filled for seven years. He was later appointed postmaster of Bellefontaine and served several years.

In 1853 *ie was admitted to the bar of Allen County, having studied under Judge William Lawrence, and formed a partnership with C. N. Lamison of Lima, which partner- ship lasted until 1856, when he was elected probate judge, which position he held for six years. He then resumed the practice of his profession for nine years and then the firm of Robb, Hughes & Robb was formed, of which he was the senior partner. In 1873 Mr. Robb left to serve a term in the State Legislature. It was while at Columbus that he was stricken with paralysis in 1874.

In 1854 Mr. Robb edited the Lima Argus for a year. In 1856 he acquired control of the People's Press, which was the old Argus with its name and politics changed, and made it the successor of the Argus politically, conducting it with marked ability until its sale to John P. Haller.

Mr. Robb was at one time mayor of Lima, and was for some time chairman of the Democratic County Committee, being a very popular and prominent man in his party.

In i860 Mr. Robb united with the Presbyterian Church of Lima. His marriage with Ann Moore took place July 31, 1835. Mrs. Robb was the daughter of James Moore, of Washington County, Pennsylvania. They were the parents of eight children : Edward L., Josephine Mary (Armstrong), Thomas B. (deceased), Theodore D., Caroline (deceased), Anna C. (Carnes), John M. and Frank R. Mr. Robb died in 1879.

James Mackenzie was born in Scotland, July 14, 1814. His father, William Lyon Mackenzie, a distinguished patriot and member of the Canadian Parliament, was the grandson of a Highland captain, Donald Mackenzie. In 1837 James Mackenzie, then an enthusiastic young man, aided the Canadian rebellion against England; but being defeated in his patriotic efforts, he abjured all allegiance to the British government and became a citizen of the United States, with Ohio as his future home.

Under the preceptorship of Governor Reuben Wood, and more especially of Messrs. Bishop and Backus, of Cleveland, he entered upon the study of the law. He was admitted to the bar and in 1843 commenced practicing.

the Allen County Democrat. He served as township clerk in Henry County ; was a member of the School Board in Putnam County, and served as school examiner in Lima. As prosecuting attorney, he served three separate counties - Henry, Putnam and Allen. In 1865 he was elected common pleas judge to fill the unexpired term of Judge Metcalf, deceased; he was re-elected for a full term in 1869, and1 again in 1875. Judge Mackenzie was married in 1864 and had two sons and five daughters. During the time that he occupied the bench he presided with dignity, and his judgments always showed a love of justice and legal acumen. He was a hater of slavery, a warm friend of the Union and was always prominent in the councils of the Democratic party.

Isaiah S. Pillars was born in Jefferson County, Ohio, March 17, 1833. At the age of 16 he commenced teaching school, and soon fitted himself for an academic course, beginning in the Seneca County Academy, and finishing at Heidelberg University at Tiffin.

Mr. Pillars commenced to practice law in Lima in 1855. In 1861 he was appointed commander of Camp Lima by Governor Tod, with rank of colonel; and under him the 99th, 118th and 8 1 st regiments were organized. In 1866 Mr. Pillars was elected prosecuting attorney and in 1868, presidential elector. In 1871 he was elected Representative, but declined a second term. While in the Legislature, Mr. Pillars resisted the proposed measure for levying taxes for the purpose of railroad construction, the wisdom of which course was sustained by supreme court decision. He was also author of a minority report in favor of the abolition of capital punishment. He was elected Attorney General by the Democracy in 1877. The death of Mr. Pillars occurred in 1895.

Theodore E. Cunningham, for many years one of the prominent attorneys of Lima, was born in Wayne County, Ohio, October 31, 1830. His paternal ancestors were Scotch- Irish, and his mother, whose maiden name was Ewalt. was descended from Huguenots of that part of France bordering on the Rhine. His parents, both of whom were Pennsylvanians, moved to Ohio in 1802. Mr. Cun- ningham was apprenticed to a printer when 1 6 years, old, and worked three years on the Kalida Venture, edited by James Mackenzie. During this time Mr. Cunningham had access to the very fine library of the editor, and made the best of his opportunities. He left Kalida and became associate editor of the Argus at Lima. Mr. Cunningham studied law with Nichols and Waldorf and in 1855 was admitted to the bar. He soon acquired the reputation of being an active, industrious and painstaking lawyer, a captivating speaker and a most successful jury advocate.

He was a firm believer in the Ordinance of 1787, and the Wilmot Proviso. During the campaign of 1854, he edited the People's Press, a leading exponent of the Free Soil movement. During the Civil War, Mr. Cunningham served as commissioner of the Board of Enrollment, and later discharged the duties of assessor of internal revenue with fearless impartiality and strict uprightness. He was elected delegate to the Philadelphia convention of 1866; and in 1873 was elected from Allen County as a member of the Ohio State Constitutional Convention. In this convention he most ably represented his constituents, although he argued for. a lost cause.

Mr. Cunningham, in 1855, married Elizabeth Hyatt, of Mount Vernon. Of the six children born to them the sons alone survive, Blanche, the only daughter, having died. The sons are William H., Harold, Newton, Lou and Theodore, Jr.

April 15, 1889, Mr. Cunningham died, leaving as a legacy to his children the memory of a most honorable career. "It never seemed to me that Mr. Cunningham was dead and that his kindly presence was no more on earth ; I always think of him as only having gone 'from this room into the next.' He was an incisive debater, a most winning opponent and a Christian gentleman. He was always ready to respond to any demands made upon him, having inherited in no slight degree his father's wonderfully sunny temperament and kindly disposition. There was no man in the country more universally respected and beloved than 'Doan' Cunningham.''

Charles Nelson Lamison was born in Columbia County, Pennsylvania,' in 1826. His remote ancestors were of French and Welsh nationality; his immediate ancestors were Dutch and Scotch.

When 10 years of age he came with his father to Dalton, Wayne County, Ohio. Mr. Lamison received his early education in private schools and academies, and began the study of the law at the age of 17. In 1848 he was admitted to the bar at Wooster, and entered upon a partnership with Congressman Parsons, of Dalton.

In 1850 Mr. Lamison married Elizabeth Moyer, of Wooster, and leaving his bride, went to California in search of gold. Returning in 1852, he visited Dalton and, upon the advice of his friend Jeffries, decided to locate in Logansport, Indiana. He returned to Dalton, via Lima, and having faith in the future of the town he changed his plans and located here. He entered into a partnership with Thomas M. Robb, which continued for several years. He was subsequently associated in business at different times with Messrs. Hughes, Meily, Richie and Ballard. Mr. Lamison was elected prosecuting attorney in 1853; he was defeated in I^55, but was again elected in 1857. Later he was defeated for senator by a small vote.

When the Union was threatened, Mr. Lamison at once enlisted in the first company to go from Lima for the three months' service, and was elected captain of Company F, 20th O. V. I. At Zanesville he was elected major. He served in Virginia, and had command of the Baltimore & Ohio crossing under McClellan and Rosecrans. At the end of the three months Mr. Lamison assisted in raising the 81st O. V. I., of which he was major. He served in Missouri, and afterward at Pittsburg Landing, and took part in the battle of Shiloh. Serious illness compelled him to return home, where he remained in ill health a year, when he resumed the practice of the law.

In 1870 Colonel Lamison was elected to represent the Fifth District of Ohio in Congress. His services were of such a distinguished character that he was re-elected, and served until 1874. In 18S1 he was made at- torney for the Ohio Central Railroad Company, of West Virginia, and commenced the construction of the Point Pleasant bridge ; later he was associated with the Brice-Thomas syndicate. He was at one time attorney for the Mobile & Birmingham Railroad Company, and also for the Memphis, Arkansas & Kansas Railroad Company.

Subsequent to 1892 he engaged in the practice of the law in a desultory manner, when he was appointed United States land commissioner by the Interior Department, with headquarters at Dodge City, Kansas. It was while there that his stomach became poisoned by the alkali water. He went to Topeka for treatment and became somewhat better, but the change was only temporary. He gradually became worse and died April 21, 1896. Of Colonel Lamison's children, four survive him : Mrs. Dodds, of Chicago; Mrs. Sprague and Jason, of Lima, and Nora, of New York City.

Colonel Lamison's career as a lawyer was a brilliant one. He had that firm belief in the justice of his cause and that devotion to his cause which carries all before it with insistent force. His nature was an aggressive one, and he fought to win his legal battles as he fought to win those in the tented field. One by one his brilliant contemporaries, who made Lima's bar so famous, preceded him to the bar of eternal justice; the phenomenally gifted Nichols going first, having quickly burnt out his lamp of life, and dying iin 1862, when only 37 years old. His friend and neighbor, Metcalf, was the next to go. Metcalf - whose name to this day does to conjure with - departed this life in 1865, having but reached life's prime at 45 years. Robb died in 1879, leaving a record at once enviable and honorable. Baxter, Cunningham, Hughes, Meily, Pillars, Mackenzie and Lamison have all answered the final summons.

Charles Marion Hughes was born on the old Hughes farm, three miles north of Lima, on the Kalida road, December 14, 1833. His paternal grandfather came from the North of Ireland, and settled in the Colony of Virginia, about two years before the breaking out of the Revolutionary War. He espoused the colonists' cause and enlisted in the American Army, serving throughout the war and contributing all that he could to our independence.

Mr. Hughes' parents in 1829 removed to Dayton, Ohio, removing later to a farm in Allen County. Charles M. Hughes' early education was obtained at the district school. At the age of 18 he entered Miami University, remaining there till 1854, when he left to teach school in Delphos. He afterward returned to the farm, remaining there till 1857. In that year he read law with Hon. C. N. Lamison, graduating later with honors from the Cincinnati Law School. Returning to Lima, he formed a partnership with C. N. Lamison. In the spring of 1861 he helped raise the first company that went out from Lima, going as 1st lieutenant under Capt. M. H. Nichols, of the 20th O. V. I.

The three months for which he had enlisted having expired, he returned home and married Nanny Worley, of Piqua, in the fall of 1861. He then raised Company H, 81st O. V. I., and went to the front as its captain. He was in Missouri during the fall of 1861 ; going south later, he was in the battle of Pittsburg Landing, April 6-7, 1862. He also engaged in the siege of Corinth, but was soon compelled to resign on account of his health.

He returned to Lima, and forming a partnership with Judge and Theodore D. Robb, again engaged in the practice of the law. In 1864 he was elected probate judge, filling that position until 1878. From 1874 to 1878 he served as prosecuting attorney, succeeding to the common pleas judgeship, which position he held for 10 years.

The town was thrown into mourning by the news of the death of Judge Hughes, January 10, 1892. When seen upon the street Saturday night, he looked the picture of health. He complained a little Sunday morning, and at noon passed away withbut a struggle. His wife and children survived him; the children are Mrs. C. S. Aves, of Galveston; Mrs. Steckle, of Bloomfield, Iowa, and Kent and Paul, of Lima.

all positions in life with honor, but it was in the position of husband and father that he shone pre-eminently. He was devoted to his wife, to his children and to his friends.

Three winters in a country school were his only opportunities for school education, but he was not uneducated. His mother taught him at home and inspired him, not only with a love for truth and honor, but with a love for what is most excellent in English literature. Books were few, but he learned to know those few books well. In his boyhood and early manhood he became thoroughly acquainted with much of Cowper, Burns, Goldsmith, Shakespeare and the Bible, and all through his life quotations from these came readily to his mind to illustrate a statement or to point an argument. The home of his father was one of the preaching places of the Methodist circuit riders of the pioneer days, and recollections of the visits and sermons of Finley, Raper, Cartwright and others were among his most cherished memories. The influence of their words of wisdom was a powerful factor in shaping his character. Many of the hymns of -the Methodist hymn book were familiar to him, and great was his indignation when he came upon a line which "any meddler had dared to try to improve."

When 16 years of age he began a subscription school ; but at the close of two weeks of teaching word came to him that a position was open for him in the office of the clerk of the court at Springfield, and a home for him in that of the clerk, who was a relative of his mother. The schoolhouse door was closed and the boy walked to his home, several miles away, hoping now to gain the consent of his mother - hitherto withheld - to his going from home and beginning the study of the law. In a few days he was at work in the clerk's office, and out of working hours busy over law books. Before he was 21 he had completed the course then required and was ready for admission to the bar. While at Springfield he continued his general education, studying mathematics and other branches and reading his favorite authors. With eight other ambitious young men he formed in Springfield an organization which they called the "Quaint Classmates," for the purpose, as the constitution which is still extant states, of reading, recitation, argument, extemporizing, composition and criticism. In after years he would often speak of the pleasure which this society gave him, and of the inestimable benefit it had been to him in preparing him for his work. A similar society was organized by himself and friends soon after his going to Sidney and was continued until its members became so engrossed in business and homes cares, that they could no longer attend the meetings regularly.

In 1836, a month or two before he came of age, Mr. Conklin went to Sidney and entered the law office of Judge Patrick G. Goode, and as soon as possible after attaining his majority he was admitted to the bar.

He soon obtained what was at that time a large practice. It was certainly widely extended, for the judicial district to which Shelby county belonged then embraced Shelby, Marion, Mercer and Allen counties, Allen then including the unorganized county of Auglaize. Judge Conklin practiced in all these counties, also in Logan, Union, Miami, Darke, Champaign and Putnam counties.

These were not days of trapid transit. On horseback, with books and briefs and clothing stored in saddle-bags, which were thrown over the backs of the horses, the lawyers traveled from court to court over corduroy roads, with the mud feet deep. The legs of the riders were encased from the ankles to far above the knees in leggings of stout cloth, the material of which was soon unrecognizable because encrusted with an inch or so of mud. The lawyers formed merry parties. The way was cheered by story and jest and the woods resounded with story and song. As the party neared a town one of them was sent ahead to engage rooms and to order a good meal prepared. The coming of a court to town was an event in those days. In the evening judges and lawyers gathered around the huge fireplace and told stories until a late hour. If the reminis- cences of those clays, which Judge Conklin used to relate, could be gathered in a book, they would make an interesting volume. One favorite amusement of these lawyers was to bet on the politics of. any rider they might see ahead of them in the woods. They would then overtake him and engage in conversation with him, thus deciding the wager. This led to many amusing occurrences.

In 1841 Judge Conklin was married to Eleanor Wilson, a daughter of John Wilson, a Shelby County pioneer. In 1844 he was elected prosecuting attorney of Shelby County. Twice afterwards he was elected to this same office - in 1850 and again in 1880. The last time, though a Republican, he obtained a majority of 1,000 votes in the Democratic stronghold of Shelby. In 1847 he was elected State Representative, and was afterward elected State Senator. In 1846 he was appointed by Governor Brough to fill an unexpired term on the common pleas bench, Judge Lawrence having resigned, and at the expiration of this term he was elected for the full term of five years.

He was always interested in politics, first as a Whig, then as a Republican. He greatly enjoyed a campaign and made many stump speeches in his own and adjoining counties during every campaign, except through the time of his judgeship. As a friend wrote after his death, "then his innate sense of propriety and exalted ideas of the ermine which he wore kept him entirely aloof from political discussion either in public or in private."

Judge Conklin died in 1887, when almost 72 years of age. He had been for some time the oldest practitioner in Sidney. Several members of the Sidney bar at the time of his death had been students in his office or had been his partners in practice. He was always much interested in young men preparing for work, and especially in young lawyers, and was ever ready to extend a helping hand. At a meeting of the bar held in Sidney after Judge Conklin's death, Judge Stewart said : "He was known and loved as a father by all struggling young attorneys and his interest in them and his love for them was only bounded by his ability to aid them, and their own worthiness in deserving such aid." The following is also quoted from the resolutions adopted by the attorneys of Sidney and neighboring towns, on the day after his funeral : "As a legislator and judge he was honest and fearless; as a father and husband, kind and indulgent; as a citizen he always had at heart the interest and welfare of his neighbors, who during his life loved to honor him, and who universally mourn his death."

James Savage Daniels was born April 10, 1778, in Mason County, Kentucky; his wife, Rhoda Daniels, was born in the same county in 1775. These two people, although living within eight miles of each other, never met until they had emigrated to Ohio. They were married in Warren County.

Mr. Daniels was one of three county commissioners appointed at the time the county was organized in 1831. He served continuously till 1834, filling the position most satisfactorily. The first Court of Common Pleas was held in his cabin near the Market Street bridge. He was one of the three men to go upon the bond of County Clerk Ward.

His eldest son, Nathan Daniels, was a married man with a family when he came to Lima with his father. He was born July 1, 1800, in Warren County, Ohio, where he lived till he reached man's estate, when he, together with his father's family, removed to Champaign County and settled near Urbana. It was there that he met Nancy Dougherty, who was born November 20, 1803. After a few years' residence in Champaign County the family then moved to the wilderness of Allen County. Nathan Daniels possessed to a marked degree those characteristics which enabled Ohio's pioneers to become makers of history. He possessed a good common-school education and took great pride in keeping himself well informed upon all those great questions which for half a century or more agitated the American people, and which finally culminated in the Civil War.

assessor, when Allen County embraced the territory now included in Allen and Auglaize counties. In the spring of 1871 he disposed of the old homestead at Lima and, together with his eldest son, John C, and family, emigrated to Cowley County, Kansas. His wife was a whole-souled Christian woman, endowed with those sterling intellectual qualities that so well fitted her for the task allotted her as a pioneer woman, that of building up a home and society, thus paving the way to a higher plane of civilization. She died January 13, 1862, and was buried in Shawnee Cemetery, Allen County, Ohio.

Besides Nathan there were two twin sons and three daughters. Rhoda was born in 1807, was married to David Bailey in June, 1831, this being the first marriage recorded in Allen County. James H. and Benjamin M. were born March 29, 1812; the last named, although having but three months' schooling, was of so entertaining a nature that he fitted himself not only for a teacher, but was for years a Baptist divine. The other daughters were Hulath, whc married James T. Miller, and Myra S., who married Thomas Hawthorn.

The first Court of Common Pleas for Allen County was held August 31, 1831, in James S. Daniel's cabin, which stood near the present Market street bridge. In 1832 a Court House was built just below the southeast corner of the square. This was a small, hewed-log building, two stories in height, which served as a court room, county offices and jail. But It soon grew too small, and a desire was manifest on every hand for a more commodious building.

In 1840, eight years after the first Court House was built, a contract for a new brick Court House was let to Orlando Broughton, of Wooster, Ohio. The building was finished in 1842. It stood on the site of the present Cincinnati block. It starved all purposes of Court House and County Jail for more than 40 years.

structure was laid on our natal day, July 4, 1882, and the finished building was formally opened to the people of Allen County in the fall of 1884. The cost, including the stone jail adjacent, was $350,000.

Caspar F. Bryan commenced the study of the law with J. J. Bell, of London, Ohio. He was admitted to the bar at the District Court of Greene County, Ohio, in March, 1876. In the fall of 1883 Mr. Bryan began the practice of law in Lima, where he has since remained.

Davis J. Cable studied law at the University of Michigan, at Ann Arbor. In 1881 he was admitted to the bar and began the practice of the law in Lima.

I. S. Motter, the senior member of Motter, Mackenzie & Weadock, began the study of the law at Hagerstown, Maryland, with Col. George Schley, and was admitted to the bar in that city in 1876. He came to Ohio in 1881, forming a partnership in Lima with W. L. Mackenzie.

Hinchman S. Prophet commenced the study of the law under Ross Burns at Cardington, Ohio, and completed the study with Judge J. A. Beebe, of Mount Gilead, Ohio. He was admitted to the bar in the Supreme Court of Ohio on February 2, i860. In 1872 he came to Lima, where he has since been in the constant practice of his profession.

O. W. Smith commenced the study of the law in Marion, Ohio, in 1864. He was admitted to the bar in 1867 and has practiced in Lima since 1868.

C. H. Adkins is a graduate of the Ohio Normal University at Ada, was admitted to the bar in 1892, and has been in active practice of his profession in Lima since that time.

O. O. Barr is a graduate of the law department of the Ohio Normal University at Ada ; was admitted to the bar in 1904 and commenced practice in Lima in September of that year.

Fred C. Becker, the junior member of the firm of Becker & Becker, is a graduate of the Western Reserve Law School, at Cleveland, Ohio, and was admitted to the bar in 1897. He has been in the practice of his profession in Lima since that time.

Wilbur T. Copeland read law in the office of Layton & Stueve, of Wapakoneta. He graduated from the Ohio State University Law School, was admitted to the bar December 7, 1893, ar*d has practiced in Lima since April, 1894.

James O. Ohler graduated from the Cincinnati Law School, was admitted to the practice law in Ohio in 1883 and has been in constant practice in Lima since that time.

M. A. Hoagland studied law in the office of Critchfield & Uhl, of Mi'llersburg, Ohio. He was admitted to the bar April 18, 1868* and has practiced in Lima since 1887.

Robert C. Eastman read law in the office of Cunningham & Brotherton, of Lima. He graduated from the Ohio Normal University and has practiced in Lima since he was admitted to the bar in 1878.

T. R. Hamilton read law with Ridenour & Halfhill, of Lima, and graduated from the Ohio Normal University. He was admitted to the bar in October, 1894, and has practiced in Lima since that time.

Russell L. Armstrong graduated from the Ohio State University Law School in 1900, was admitted to the bar in the same year, since which time he has been practicing his profession in Lima.

the University of Michigan, at Ann Arbor, in 1890, practiced in Spencerville one year and for two years, until Mr. Hughes' death, was the junior member of the law firm of Hughes & Parmenter. Mr. Parmenter is now. engaged in printing.

Kent W. Hughes began the practice of law with W. H. Leete, of Lima. He graduated from the law department of the University of Michigan, and has practiced in Lima since his admission to the bar in 1896.

B. F. Welty was admitted to the bar in 1896, after securing his degree from the law department of the University of Michigan, following his classical study and graduation at the Ohio Normal University at Ada in 1894. He began at once the practice of the law in Lima.

Frank H. Downing secured his degree from the Ohio Normal University in 1899. He was admitted to practice before the Ohio bar in the fall of that year and located in Lima the following spring. Welty & Downing is the firm name.

Joseph Warren Kilgore is a graduate of the Ohio Normal University at Ada, was admitted to the practice of the law June 11, 1898, and has practiced his profession in Lima since that time.

S. S. Wheeler read law with Marvin, Hart & Squire, of Cleveland, Ohio, was admitted to the bar in June, 1878, and has practiced in Lima since 1881.

L. H. Rogers studied law with D. C. Henderson, of Lima, and was admitted to the bar in October, 1897. In June, 1900, he began the practice of the law in Lima, where he has since remained.

I. R. Longsworth read law in the office of Richie & Richie, and of Davis J. Cable, and has been in constant practice of his profession in Lima since his admission to the bar in 1SS9.

of the Supreme Court. He then attended law school at the University of Michigan, from which noted institution he was graduated in 1871. He has practiced law in Lima since 1888.

Frank F. Leland graduated from the University of Michigan at Ann Arbor. He has practiced law in Kansas, Illinois and Iowa, and since 1891 in Allen County.

John E. Richie read law on the farm, was admitted to the bar on the certificate of E. A. Ballard in 1867, and has practiced continuously in Allen County since that date. He served 10 years on the common pleas bench and has practiced his profession in all State and Federal courts, including the Supreme Court of the United States.

W. P. Anderson read law in the office of Charles E. Jordan, prosecuting attorney of Findlay, Ohio. He graduated from the Ohio Normal University in 1902 and since his admittance to the bar in that year has been in active practice of his profession, most of the time in Lima.

Edmund G. Dempster began the study of the law in the office of I. R. Longsworth. He took his degree in the Ohio Normal University and was admitted to the bar of Ohio in December, 1904, since which time he has practiced in Lima.

Frank E. Meade began the study of the law in the office of J. E. Cropsey, of Cayuga County, New York. He was graduated in 1876 from the law department of the University of Michigan, at Ann Arbor, and in the same year was admitted to practice in Ohio. He has practiced in Lima since 1877.

John W. Mowen, the junior member of the firm of Meade & Mowen, is a graduate of the University of Michigan, at Ann Arbor, in the class of 1888, and has practiced his profession in Lima since that time.

W. L. Parmenter graduated from the law department of the University of Michigan and has practiced in Lima since his admission to the bar in 1888.

Charles L. Fess is a graduate of the Ohio Normal University at Ada. He has practiced his profession since his admission to the bar in 1899, an(I has practiced in Lima since the spring of 1900.

J. W. Halfhill, of Ridenour & Halfhill, is a graduate of the Cincinnati Law School. He has practiced his profession in Lima since his admission to the bar in 1887.

Walter B. Richie studied law with Ballard & Richie. He was admitted to the bar April 2, 1875. He practiced law in Bucyrus two years and since 1877 ^ias practiced continuously in Lima.

William Klinger graduated from the Ohio Normal University at Ada and took a postgraduate course at the University of Michigan, at Ann Arbor. He has practiced in Lima since his admission to the bar in 1896.

John H. Secrest graduated from the Ohio Normal University in 1895. He was admitted to the bar in 1902 and has been in active practice in Lima since 1904.

Chayles F. Sprague! graduated from the Ohio State University Law School, at Columbus, in 1899, was admitted to the bar of Ohio in the same year, taking up the practice in Lima at once.

Otis T. Lippincott is a graduate of the Ohio Normal University, at Ada, and the Ohio Wesleyan University, at Delaware. He was admitted to the bar of Ohio in 1899 and has practiced in Lima since 1900.

D. C. Henderson attended Washington University, in St. Louis, Missouri, and finished a course of reading in the law office of M. A. Hoagland, of Lima. He has practiced his profession in Lima since his admission to the bar of Ohio in 1889.

W. L. Mackenzie studied law in the office of his father, Judge James Mackenzie, and has practiced in Lima for more than 25 years. He was admitted to the bar in 1881 and the firm of Motter & Mackenzie was formed October 20, 1881.

James J. Weadock graduated from the law department of the University of Michigan in 1896. He was admitted to the bar in the same year and has practiced in Lima since that time. He is now the younger member of the firm of Motter, Mackenzie & Weadock.

Horace A. Reeve was admitted to the bar at Findlay on May 1, 1875, after a course in Hamilton College, Clinton, New York. He has practiced in Lima since 1904.

J. W. Roby is a graduate of the Ohio Wesleyan University in the class of 1889 and was accorded a degree from Yale Law School in 1891, being immediately admitted to the practice of the law in Ohio. Mr. Roby has practiced in Lima since 1895.

W. J. McLaughlin graduated from Columbia University Law School, New York, in 1904. His preparatory training was received at Lima College, and at Hamilton College, New York. He has practiced in Lima since 1904. Mr. McLaughlin has formed a law partnership with John W. Roby.

Clarence E. Kephart is a graduate of the Ohio Normal University at Ada, Ohio, in the class of 1903. Mr. Kephart has been in general law practice in Lima since that year.

Marshall J. Sanford graduated from the National Normal University at Lebanon, Ohio. In 1886 he was admitted to the bar of Ohio and has been an active practitioner in Lima since that time.

Theodore D. Robb studied law under his father, Judge Thomas M. Robb. He was admitted to the bar and practiced his profession in Lima until February, 1894, when he was elected probate judge of Allen County.

admitted to the bar of Iowa in 1885 and was afterward admitted to the bar in Ohio on June 2, 1886, since which date he has practiced in Lima.

E. W. Price graduated from the University of Michigan, was admitted to the bar of Michigan in 1881, and in 1888 was admitted to the bar of Ohio.

William Axline, Graham & Adgate, J. N. Hutchinson, J. G. Hersh, John H. Klatte, C. Brotherton, J. H. Hamilton, J. L. Price, G. H. Quail, T. R. Shaw, R. W. Thrift, K. Timmermeister, Barr & Everett and H. P. Williamson,, of Lima; B. J. Brotherton, John Linderman, George Leasure, W. S. Kimball, of Delphos; M. G. Bailey, of Beaver Dam ; J. J. Ferrall, A. J. Owens and G. O. Farquharson, of Bluffton ; John N. Bailey and R. R. Kennedy, of Spencerville, and E. B. Milnor, of Harrod.

Was incorporated by the Allen County bar under the laws of Ohio on the 12th day of January, 1897, not for profit but for the purpose of acquiring and maintaining a library of law books and kindred matter for the encouragement, culture, advantage, education and use of the members of the bar of Allen County, and for the use of all county officers and the judges of the several courts of said county, free of charge.

The first officers of said association were as follows: Frank E. Mead, president; Cloyd J. Brotherton, vice-president ; Thomas R. Hamilton, secretary; William Klinger, treasurer. The first board of trustees, as chosen in 1897, was composed of Frank E. Mead (chairman), Cloyd J. Brotherton, H. S. Prophet, H. L. Brice and M. A. Atmur, and with the exception of H. L. Brice, who died several years ago and whose place was filled by the election of William L. Mackenzie, the same board has been continued by the members of the association up to the present time (1906). The present officers of the association, aside from the board of trustees, are:

Frank E. Mead, president; H. S. Prophet, vice-president; F. C. Becker, secretary; W. L. Rogers, treasurer. The county furnished library rooms at the Court House. Funds for the purchase of books and to maintain the library are secured from the annual dues of the members, and also from an annual contribution authorized by law from Allen County. It has been the policy of the association to place in its library such law books as are not otherwise accessible to the members of the bar from the private libraries of its members.

The association began with the purchase of the complete publication of the "West Reporter System," and the "West" series of reports have been kept up since its organization ; to which have been added the reports of different States, not otherwise owned in Lima, so that at the present time the library contains the complete reports of every State in the Union as well as of the courts of the United States dating from the beginning of the "West Reporter System," and, by the purchase of original State reports up to the beginning of the "West" system, it contains the reports of Vermont, Connecticut, Michigan, Illinois, Iowa, Kansas and California. In addition to the above, the library is receiving the reprint of the "English Common Law and Equity Reports." The library also contains the entire reports from the beginning of the government of all United States courts; also the "Century Digest" .complete, besides a large number of text-books on the leading branches of the law. The total amount of money expended in books since the organization of the Association amounts to between five and six thousand dollars.