Delaware County, Ohio - Chapter 14: The Bench and Bar, 1908 (part 1 of 2)
From 20th Century History of Delaware County, Ohio and Representative Citizens, published 1908. 15,825 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
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Chapter 14: The Bench and Bar
It would not be commensurate with a historical sketch of the Bench and Bar of Delaware County to name all the judges who have presided on its bench, or to describe the numerous lawyers who have practiced before its courts ; yet it is thought best to refer to the organization of its several courts and to name some of the early judges who held them and the members of the bar who practiced before them, as well as the judges and lawyers who located here.
The first judicial system to be organized in that part of the United States which is now known as the State of Ohio, was that put in operation by the "Ordinance of 1787," by which the vast "territory northwest of the River Ohio'* was set apart as a separate government, and a local judicial system given to it under said ordinance. The court was to consist of three judges, any two of whom could form and constitute a court. This court was to have common law jurisdiction and the judges must reside in the district and have therein a free hold estate of not less than five hundred acres of land during the time they held their office, and their commission was to continue in force during good behavior. These judges, with the governor of said territory were to select from the civil and criminal laws of the original states such laws as they thought suitable for the territory and they were authorized t<> promulgate and enforce the law. until amended or repealed by a general assembly which was to be later organized according to the terms of said Ordinance under which they were appointed.
In accordance with such provision of the Ordinance, Congress on the sixteenth day of October, 1787, elected as judges for the Northwest Territory, Samuel Wolden Parsons, John Armstrong and James Mitchell Varnam. Mr. Armstrong declined the appointment and on the nineteenth day of February, 1788, John Cleves Symmes was chosen in his place. The salary of the judges was fixed at eight hundred dollars per year. This organization of the court continued, with various changes which were made in the appointment of the judges, until the organization of the State of Ohio, in the year 1802.
Under the first constitution of Ohio, the number of supreme judges was three, with power vested in the General Assembly to authorize the selection of one additional judge. Their term of office was fixed at seven years and their salaries were not to exceed one tin iusand dollars per annum, each. These judges, under the constitution, were to be chosen by the General Assembly, and on the second day of April, 1803, they elected Samuel Huntington, Return Jonathan Meigs, Jr., and William Spriggs, who composed the first Supreme Court of Ohio. Under this new constitution the first court was organized which concerned Delaware County directly. This was known as the Court of Common Pleas. The constitution of 1802 provided that the several Courts of Common Pleas shall consist of a president judge and associate judges: that the State should be divided by law into three circuits and that there should be appointed a president of the Courts, who during his continuance in office should reside therein ; that there should be appointed in each county not more than three nor less than two associate judges, who during their continuance in office should reside in the county, and the president in the circuit and the associate judges in the county should constitute the Court of Common Pleas, which court was to have common law and chancery jurisdiction. The several judges under this provision of the constitution were elected by the General Assembly.
Under this subdivision of the State into three circuits, Delaware County belonged to the middle subdivision, and the first presiding judge who held court in Delaware County after its organization was Levin Belt, who resided in Chillicothe, Ohio ; his associates were Moses Byxbee, Thomas Brown and Josiah McKinney. The first session of the court was held on the third day of June, A. D., 1808, in a temporary log building near the sulphur springs, on what is now the Ohio Wesleyan University grounds. The presiding judge and all the members of the bar were from neighboring counties. The associate judges above named were from Delaware County, and Moses Byxbee, Jr., was appointed clerk of courts. He also resided in Delaware County. The early journals of the Common Pleas Court were destroyed by an incendiary fire about the year 1825 and it would be difficult to give a full and complete history of this court prior to the year 1825. But from other sources we have compiled a complete history of all the judges and their associate judges who have held the several courts in this county since its organization.
From February 8. 1808, the date when Delaware County was set off' from Franklin County by an act of the General Assembly, down to the date of the adoption of the newconstitution in 1 85 1, this county never had a resident presiding judge, but during all that time it had its quota of associate judges, who were men chosen from among its best and most prominent citizens. As before stated, these judges were elected bv the General Assembly and the first three were Moses Byxbee, Thomas Brown and Josiah McKinney. These were elected February 13, 1808. Benjamin Carpenter was elected February 17. 1809; J°~ siah McKinney. Ezekiel Brown and David Marks, elected February 4, 1815; Samuel Hughes elected January 27 \ 1818; Josiah Mc- Kinney and William S. Drake elected February 4, 1822. David Prince elected at the session in 1825; William S. Drake and Hosea Williams elected at the session in January, 1829; Ezra Griswold elected at the January session, 1832; John Brundage and John Lugenbeel elected at the January session, 1830; William P. Norris elected at session of 1842; Marshall L. Griffin elected at session of 1:842; Almon Stark elected at session of 1846; Frederick Avery elected at the session of 1850; Caleb Howard elected at the session of 1850.
Under the new constitution of 185 1 the State was divided into nine Common Pleas districts, and these districts were subdivided into three districts each and the election of the judges of these courts was vested in the people of the subdivision instead of in the General Assembly as under the Constitution of 1802. According to this subdivision Delaware County was placed in the Sixth Judicial District, which was composed of Delaware, Knox, Licking, Ashland, Morrow. Richland, Coshocton. Holmes and Wayne Counties, and the first subdivision of said district is composed of Delaware, Knox and Licking counties and it has always been the same since the adoption of the new constitution.
The first election for judges of the Common Pleas Courts under the Constitution of 1 85 1 was held on the second Tuesday of October, 1 85 1. and the judges elected began their terms of office on the second Monday of February, A. D., 1852. Under this subdivision of the Sixth District, the following named persons have been elected from Delaware County and have presided over this court and over the other courts in this subdivision : Sherman Finch, from February. 1857, to February, [862. Thomas C. Jones, from February, 1862, to February, 1872. Charles H. Mc- Elroy, from February. 1882. to February, 1892. John S. Gill, from February, 1892, to February, 1897. Emmett M. Wickham, from
Axd Representative Citizens
February, 1897, to February, 1902. George Coyner, from February, 1902, to February, 1907. Emmett M. Wickham, from February, 1907. present incumbent. The foregoing are all of the judges who have been elected or appointed from Delaware County.
The Probate Court
The Probate Court was first established under the new constitution in the year 1852. Up to that date the business of the Probate Court was done in the Common Pleas Court. The Probate Court is the most popular court with the people. It has been said that practically all the property in the count}' pa-<c^ under the jurisdiction of this court once in each generation.
The first judge of the Probate Court of Delaware County was David T. Fuller. The first entry made on the Journal of the court by him is dated March 2, A. D., 1852. and the last entry made by him is dated August 5, [854. He died during his term of office and John E. Rosette was appointed by Governor William Madill to fill the vacancy. The first entry made of the Journal by Judge Rosette is dated September 16, 1854.
The next judge was Thomas W. Powell, and the first entry made on the Journal by him is dated November 3, 1862. These three judges were lawyers.
The next judge was B. C. Waters, and the first entry made by him is dated March 18, 1870. Judge Waters was not a lawyer. The, next judge of this court was F. B. Sprague, and the first entry made by him on the Journal of the court is dated February 14, 1876. Mr. Sprague was not a lawyer.
The next judge of this court was Rufus Carpenter, and the first entry made by him is dated February 9, 1882. Mr. Carpenter was not a lawyer.
The next judge of this court was I'.. F. Freshwater, and the first entry made on the Journal of this court by him is dated February 9, 1894. Judge Freshwater is a lawyer.
The next judge of this court was E. Lee Porterfield. and the first entry made on his Journal is February 9, 1900. Judge Porterfield was admitted to the Bar during his incumbency in office.
The next judge of this court was John A. Cone, who is the present incumbent. The first entry made by him on his docket is dated February 9, 1906. Judge Cone i-- a lawyer.
Leonard H. Cowles. The first lawyer to settle in Delaware County was Leonard H. Cowles. He came from Connecticut about the year 1810, two years after the organization of the county. He was said to be a scholarly gentleman, a graduate of Yale College and a college mate of the late John C. Calhoun of South Carolina. He was said to have been one of the most thorough-read lawyers of his age. Not long after he came to Delaware he was married to a daughter of Colonel Moses Byxbee, which brought him into one of the wealthiest families of the county and the most of the county. He was a scholarly own personal business, so that as a lawyer he did not acquire as great a reputation in his professional life as he might have done if his talents had been devoted to his profession strictly. He was the only resident lawyer of the county until the year 1818, and his name appears frequently on the deed records of the county. He was a member of the Twentyfirst and Twenty-second General Assemblies of Ohio which convened respectively on the second day of December. A. D., 1822. and the first day of December, A. D.. 1823. He is said to have been a person of good and commanding presence, always well dressed and gentlemanly in his appearance, and he devoted much of his time to social life and was fond of and sociable with his friends. He reared large family, none of whom are now living.
Milo D. Pettibone was also a native of Connecticut, and he, it is believed, was a graduate of Yale College, also. He came to Delaware in the year 1818. He was also <x scholarly gentleman, a trustworthy lawyer and occupied a high and responsible position at the ,bar until the time of his death, which occurred in the year 1849. He devoted some of his time to land speculation and was the owner of large tracts of land at the time of his death. The partition of his real estate, which was made in the Court of Common Pleas of Delaware County, Ohio, shows that he was the owner of large tracts of land both in Delaware, Marion and other counties in this State. He devoted the most of his time to the accumulation of his fortune, yet he was not lacking in his social relations and he always engaged in all the improvements of his time, whether social, moral or religious. He believed in the abolition of slavery in the United States and was considered one of the emancipators. He was enterprising and liberal toward public improvements and favored the advancement of Delaware. He was a member of the Twenty-seventh General Assembly of Ohio, which convened at Columbus, Ohio, on the first day of December. A. D., 1828. At the time of his death he had a large family of sons and daughters, to whom he left a large estate, some oi whom are still living but none are now residents of this countv.
There were several other persons who came to Delaware and practiced at this bar for a short time but they only remained for a short period or died before they became well established in business and little can be learned of them or said about them at this late period.
Among those are Henry Brush, Justine Cook, and Richard Murray. Of Henry Brush nothing is known except that he was here for a short time and was a contemporary of and with Leonard 11. Cowles and Milo D. Pettibone.
Justine Cook is said to have been a very bright young man, who developed great hopes in the minds of. his friends for a resplendent professional career, but they were disappointed by his early death, which occurred about the year 1828.
Richard Murray began the practice of law in Delaware with flattering hopes for a bright professional career, but about the year 1830 he developed disease of the lungs which resulted in tuberculosis, and he was compelled to seek a better climate. He removed with his family to the south and located on the east side of Lake Pontchartrain, where he lived but a few years, and died and was buried there, but his family returned to Delaware, Ohio. His widow resided in Delaware for many years and was prominent as an early educator.
Judge Thomas Watkins Powell was born in South Wales, September, 1797, and died December 12, 1882, in Delaware, Ohio, at the advanced age of eighty-five years. His father, in the year 1801, immigrated to America and settled in Utica, in the State of New York. He sought and obtained such an education as his opportunities afforded. But the War of 181 2 with Great Britain soon began, and during that war he drove his father's team with the baggage of a regiment to Sacket's Harbor in the spring of 1813, and entered that place at the close of the battle. In the year 1814 be was appointed to a post of great trust, by the military authorities - the bearer of dispatches to Plattsburg, and at the close of the battle entered the town with dispatches to General McCombs. He attended an academy for two years where he studied and mastered such branches as were then taught at such institutions, including the higher branches of mathematics, for which he had a taste and genius to excel. It was ever with him a subject of great regret that his opportunities in early life to obtain a thorough education had been so limited. Could he have been indulged in the natural bent of his mind he would have excelled in literature as an author. After he left the academy he entered the law office of Charles M. Lee. of Utica, when about the age of twenty, and in the year 1819, came to Ohio and passed his quarantine in the law office of Hon. James W. Lathrop, of Canton, Ohio. In the year 1820 he was admitted to the Bar by the Supreme Court on the circuit at Wooster, Ohio. He immediately located in Perrysburg. on the Maumee River, and began the practice of the law. He was §oon made prosecuting attorney and afterward county auditor of Wood County. He remained in Wood County until the year 1830, when he removed to Delaware, Ohio, where he remained in active practice for more than fifty years. He was always regarded by the profession in Delaware and throughout the counties in central Ohio as an able and successful lawyer. In special and equity pleading, to which he devoted particular attention, he excelled. He was ever noted for his zeal for his client's interest and welfare in all his practice. Polite and intelligent, his society was courted by his brethren of the bar and in whatever circle he entered his presence . was always welcome. Probably no lawyer did more in assisting young men at the bar, and no one had more law students than did Judge Powell. Among the many men of note who studied in his office was Hon. Charles Sweetser, Edward Jones, Hon. Thomas C. Jones, Hon. Royal T. Wheeler, afterwards chief justice of Texas. Gen. J. S. Jones and many others. In addition to his industry in his profession, Judge Powell added great enterprise in all matters of interest to the public. He projected and prosecuted to its completion the "Mansion House" at the Sulphur Springs, which in its early history was famous as a fashionable resort and which subsequently secured to Delaware the Ohio Wesleyan University. He laid out and had platted one of the largest additions to the town (now city) of Delaware. He built the flax mills and was interested in many other projects to benefit the city. Though not a seeker of place, he filled many of the most responsible offices in the gift of the people. He was first elected and served as prosecuting attorney of this county. He was elected to the
General Assembly or House of Representatives of Ohio and served for the years 1841 and 1842. He was elected to the Ohio State Senate, from the Delaware District which was at that time composed of Delaware and Crawford Counties and served during the years 1844 and 1845. He was elected probate judge of Delaware County in the year 1862 and held the office for eight years. He was also a member of the Third Constitutional Convention of Ohio which met in Columbus, Ohio, in May, 1873, and he was considered one of the most prominent and useful members. Notwithstanding he was always a very busy man in his practice, he gave to the profession of his choice, two books which were much needed and which are highly prized and much used by the courts and liar, viz., "Powell's Analysis of American Law" and "Appellate Jurisdiction." He has also written a "History of the Ancient Britains," and a book entitled "What is Knowledge." He was always an untiring worker and though almost blind in the latter years of his life, he never ceased to write until the final call came when it was said to him, "Well done thou good and faithful servant. Thou hast been faithful over a few things," etc.
Hon. John Anthony Quitman was born in Rhinebeck, Dutchess County, New Yi irk, September 1, 1799. He came to Delaware County. Ohio, about the year 1820, as a clerk in the land office under Piatt Russell, who was register of the land office at that time. Mr. Quitman read law with Piatt Russell, who was also a lawyer, and he was admitted to the Bar in the year 182 1. He practiced for a short time only in this county, when he removed to the State of Mississippi, where he became a man of great note and prominence. He became a member of the Mississippi Legislature in 1827. was chancellor of the State from 1828 to 1834 and became president of the State Senate. He was appointed brigadiergeneral in the war between the United States and Mexico; after the close of the war he was elected governor of the State and in the year 1855 was elected for Congress from said
State, was re-elected to succeed himself in 1857, and became chairman of the .Military Committee. He died in the city of Natchez, July 17. 1858.
Hon. Charles Svveetser was born about the year 1805 in the State of Vermont, lie came to Delaware County with his lather in the year 181 7, who settled on a farm just north of Delaware. Ohio. He engaged in mercantile pursuits for a few years and began the study of law in the year 1830 in the office of the Hon. Thomas W. Powell. He was admitted to the Bar in the year 1832 and immediately began an active practice, which was distinguished more lay his activity than by his sound knowledge of the law or his study of its more abstruse principals. His education was limited to the public schools and his activity never permitted him. by industry and perseverance, to overcome its defects. He disliked discipline, study, and technicality and boasted that genius and original common sense were the vantage ground for him. He was captious and capricious and was often the cause of violent squabbles at the bar. But with all his irregularities he was remarkably successful both in the law and in politics. He was a member of the Thirty-first and Thirty-second Congress, having been chosen from the Tenth District, to which Delaware County then belonged. He served during the years 1849- 1850 and 185 1-1852. He continued his practice up to a short time before his death, which occurred in the year 1864. He was always noted for his taste in the elegance of his equipment. For many years he kept a very fine carriage and a span of cream-colored horses. This it is said he used during his canvass for member of Congress. Upon one 1 iccasion in addressing a large Democratic meeting he said that some of his friends advised that he should, while a Democratic candidate, dispose of his carriage and cream-colored horses. "But," said he, "I will do no such thing, for I think that a good Democrat has as good a right to a fine carriage and horses as anybody else." This sentiment is said to have been vigorously applauded. He left to his
Judge Sherman Finch came to Delaware as a lawyer in the year 1832, having been born in the State of Connecticut. He was a graduate of Yale College. He was a good scholar and had been a professor in Latin in Kenyon College, at Gambier. Ohio. He was a man of strong intellectual powers and was a good logician. He was a distinguished lawyer, especially in the principles of equity. He was elected judge of the Court of Common Pleas in the first subdivision of the Sixth District, from Delaware County and served from February, 1857. to February. 1862. During his official term he moved to Mt. A^ernon in Knox. County, which is in the same subdivision as Delaware. At the end of his judicial term he moved to St Paul, Minnesota, where he died in the year 1873. Sherman Finch left many monuments of his presence and residence in Delaware County, especially upon the court and deed records of the countv, having owned at various times numerous tracts of land. He laid out an addition to the town on the east side of the river, which is known as Finch and Lamb's addition to Delaware.
Judge David T. Fuller settled in Delaware. Ohio, early in the thirties. He was 3 brother-in-law of Judge Finch, they having married sisters. Judge Fuller was a native of the State of Vermont. He was the son of a clergyman and is said to have been a graduate of Williams College. He was scholarly, well versed in literature and theology, and had also been a professor in Kenyon College. He was at one time a law partner of Judge Thomas W. Powell. Mr. Fuller was elected auditor of the county and was subsequently probate judge, having served for less than one term in that office. He died in the year 1854, before he had completed his first term. The last entry made by him on the journal of his court was August 5, 1S54.
Hon. Cooper K. Watson came to Delaware County as a member of the bar in the year 1834. having heen admitted to the Bar at Newark, Ohio. He remained in this county but a few years and from here went to Marion G unity and from there to Seneca and finallysettled at Xorwalk, Huron County. Ohio. He was a member of Congress from the Ninth Congressional District from Seneca County and served in the Thirty- fourth Congress for the years 1855-1856. He was elected judge of the Court of Common Pleas for the Fourth Judicial District and served from February, A. D., 1876, to the time of his death, which occurred in the year 1880. He hecame very eminent in his profession as an advocate and jury lawyer. While at Delaware he gave full assurance of his future eminence by his great capacity for public speaking. But he more particularly distinguished himself as an amateur actor in the Thespian Society, which then flourished here. This so tempted him that he thought stongly of abandoning the profession of law for that of the stage.
Edward Jones was the son of Robert Jones, wdio resided in the parish of Myfod, Montgomeryshire, North Wales. He was born on Wales and was an elder brother of Thomas C. Jones. The family immigrated to America about the year 1822. and settled near Delaware, Ohio. Edward Jones was admitted to the Bar about the year 1836, and began the practice of his profession. He was a young man of great talent and was noted particularly for his gift of oratory. Contrary to the predilections of his brother Thomas C. Jones, who was a Whig. Edward Jones was a thorough Democrat and though not yet twenty-five years of age at the time of his death, his party had hoped to make him governor of the State. It is said of him that in the year 1836, at a
Democratic meeting held in Franklinton, Franklin County, Ohio, which had been addressed by Alfred Kelley, he was urged by his party to make a reply, which he did in a manner highly gratifying to the leaders of his party and which was greatly admired and commended by all who heard him. He died in the year 1838, at the age of twenty-four years. His death was greatly lamented by the whole community as a premature departure of one who promised to be a great man.
James M. Barnes came to Delaware from Newark, Ohio, about the year 1839. having just been admitted to the Bar. He soon became a law partner of the Hon. Charles Sweetser, which partnership continued until the year 1850, when he went to California by the Overland Route with a company of gold seekers. He returned in about two years, having obtained some success in the gathering of gold. He again began the practice of law and he did not fancy the profession as well as he did the making of money and he turned his attention to the manufacture of linseed oil. in which he was successful. He built the large linseed oil plant on the corner of Winter and Depot Streets, just opposite the Big Four depot, and he erected a large warehouse near the depot on the railroad lands and was in business there for many years. He was later elected mayor of the city of Delaware. Owing to failing health he quit business in Delaware and removed to the State of California where
Judge Thomas C. Jones was born in the parish of Myfod. Montgomeryshire, North Wales, February 9, 18 16, and died at Delaware. Ohio, August 13, 1892. His father, Robert Jones, was a farmer in his native country of Wales, and the family immigrated to America in the year 1822 and settled on a farm near Delaware. Ohio. At the early age of thirteen years the subject of this sketch earned his own living by working on farms for the neighbors in the spring and summer and fall and attending school in winters. In this way be obtained a sufficient education to teach. In the year 1837, he began the study of law with his brother Edward, who had just previously opened an office in Delaware. The brother died in the year 1838 and Thomas taught a district school in the winter of 1839, and in April of that year he started to Wales to settle his father's estate. He traveled from Delaware to Philadelphia on horseback, where he sold his horse and sailed for his former home. He studied law in England for about eighteen months, and as a student attended the sessions of the English courts with great benefit to himself. In the spring of the year 1841 he returned to America and was admitted to the Bar before the Supreme Court of Ohio, which was then being held at Gallipolis. Ohio, Justices Peter Hitchcock, Thomas A. Grimke and S. F. Vinton, examiners. He immediately opened an office in Delaware, Ohio, with good prospects. In a short time he entered into a partnership for the practice of his profession with Judge Sherman Finch, which partnership continued for only a short time. In the year 1843, Mr. Jones removed to Circleville, Pickaway County, Ohio, where he continued in the practice of his profession for thirteen vears. In the year 1856 he returned to Delaware County, where he formed a partnership for the practice of law with H. M. Carper, the stvle of the firm being Jones & Carper, which partnership continued until Mr. Jones was elected to the Common Pleas bench. In the year 1859. he was elected State senator from the Sixteenth Senatorial district, at that time composed of Delaware and Licking Counties, as a Republican, though the district was largely Democratic. Mr. Jones was elected 1>\ a handsome majority. In January. 1850- Mr. Jones was elected a member of the State Board of Agriculture, which office he held for eight vears. being president of the board for two years.
In the autumn of the year [861, Mr. Jones was elected judge of the Court of Common Pleas for the First Subdivision of the Sixth Judicial District, composed of Delaware. Knox and Licking Counties. He was reelected in the autumn of 1866, serving for the
He was a delegate to the National Republican Convention held at Chicago in the year 1868, which nominated Grant and Colfax for president and vice-president, respectivelv. 1 if the United States and was chairman of the delegation. He was also a member of the National Republican Convention which nominated R. B. Hayes for president in the year 1876, and he was one of President Hayes' strongest supporters, having known him from childhood, they having been school boys together. After the expiration of Judge Jones' second term on the bench, he engaged in agriculture and the breeding of thoroughbred short-horned cattle, Southdown sheep and other fine stock, for which he always had a taste, no doubt inherited through many generations from his ancestors. He was appointed trustee of the Ohio Agricultural College, located at Columbus, Ohio, was made chairman of the Executive Committee, and was largely responsible for the design and erection of the college buildings as well as the selection of the first professi >rs and the character of the course of study. In the year 1876 he was one of the jury selected to award the honors in the cattle department of live stock at the Centennial at Philadelphia and he was made chairman of that body.
In the year 1880 he visited Great Britain, including his native Wales, taking with him his wife, and with the aid of a letter from President Hayes, his old school fellow, he made extensive observations with reference to our live stock trade with that country and the effect of its restrictions upon our exports. The result of his observations was made known to the president in a letter by Mr. Jones, which letter he caused to be published for distribution among breeders and others interested in this most important branch of our export trade. In the year 1881 he was appointed on a commission by a special act of Congress to examine and report upon the agricultural needs and resources of the Pacific States. In the government's earnest endeavor to solve and
Judge Jones was at one time an official visitor to the Naval Academy at Annapolis. As a writer on agricultural subjects and especially in the department of stock-breeding, he had a national reputation.
Judge Jones was chosen as the first president of the Ohio Association of Breeders of short-horn cattle and was really the leading spirit in its organization. The judge was a man of sincere and earnest convictions, liberal and public spirited, of a genial temperament and was interested in his fellow citizens and his company was sought after in the social circle.
Religiously, he was a positive character. He was a member of the Protestant Episcopal Church, had clear views on the subject of religion and he believed in a God as taught by his church and the Bible. He had no patience with non-believers or with the doctrines of the rationalists. He was for many years a trustee of the Theological Seminary and of Kenyon College, which was established by his church at Gambier, and his eldest son is a professor of Ecclesiastical History and Church Polity in Kenyon College.
Colonel James Williams Crawford was born in Franklin County, in the State of Pennsylvania, December 2, 1788/ His father's ancestors came from the Highlands of Scotland to the north of Ireland at an early date. His mother was of Welsh descent. The ancestors of both families immigrated to America before the war of the Revolution and in America they were known as "The Scotch Irish." These people took a very active part in the struggles for American independence.
In the year 1810 the subject of this sketch came to Delaware County, Ohio, bringing with him his young wife, whose maiden name was Elizabeth (Van Lear) Crawford. He purchased a tract of wild land on the west bank of the Olentangy River in Liberty Township, where they built a log cabin and began cutting down the timber in order to make a home in the wilderness. At the beginning of the War of 1812, Air. Crawford put aside his axe and plow and took up his musket in defense of his country's cause. He was chosen a lieutenant of his company and served until the close of the war. Just before the close of the war, he was chosen colonel of his regiment, from which he derived his title of colonel.
At the close of the war. Air. Crawford returned to his home in Liberty Township and began, with his neighbors, the task of felling the forests, cutting down the thickets and preparing the highway for future generations. To Mr. Crawford and Elizabeth, his wife, were born five children.
In the year 1818, he sold his farm in Liberty Township and bought a farm on the west bank of the Scioto River in what is nowknown as Thompson Township, on the old Military Road which led from Franklinton to the seat of war in 181 2. Here he again began to clear up his land and built his log cabin, but he was soon destined to disappointment ; his faithful wife, Elizabeth, died in the year 1 82 1 and passed to her final reward. A short time after this sore bereavement, Mr. Crawford was called away from his home for the night, leaving his children during his absence with a housekeeper. The cabin took fire and burned to the ground with all its contents, the inmates escaping with nothing but their night clothes. The}- were taken care of by their neighbors with true frontier hospitality. Early in the following spring the cabin was rebuilt and Mr. Crawford again began housekeeping in true western style. On the eighteenth .day of May, 1823, Mr. Crawford was married to Miss Nancy Stevens, a daughter of Zacharia Stevens, who was one of the pioneer settlers of the county. To this union was born a family of ten children. In the same year Mr. Crawford sold his farm and bought another, where he built a saw mill.
In the year 1832, Mr. Crawford was elected to the Ohio State Senate. The district at that time was composed of Delaware. Marion and Crawford Counties. He served in what was known as the Thirty-second General Assembly. He remained on the last farm until the year 1838. when he became financially involved, through his generosity toward his -friends. But his gallantry and courage was equal to the occasion. He sold his farm and all his belongings, paid out his liabilities, and moved to Delaware in the autumn of 1839, with his large family to support and only three shillings with which to start. He immediately opened an office and began the practice of law, being then fifty-two years of age. His old friends in the legislature having heard of his misfortunes and anticipating his necessities, had passed on the sixteenth day of March. 1839, the following bill of relief: "An act for the relief of James W. Crawford."
"Section One. Be it enacted by the General Assembly of the State of Ohio, that James W. Crawford of Delaware County, may be admitted to an examination t< lie permitted to practice as an attorney and counsellor at law as provided in the act entitled an Act to Regulate the Admission and Practice of Attorneys and Counsellors at Law, passed February 14, 1824, without presenting to the judges as provided in said act, a certificate that he has regularly and attentively studied law during the period of two years previous to his application for admission."
This was an unusual proceeding and it only goes to show Mr. Crawford's high standing with the members of the General Assembly and their estimate of his ability to fulfill his obligations as an attorney-at-law. Mr. Crawford's successful practice of law for twenty vears after his admission to the bar in Delaware and surrounding counties, proved that the Legislature had not over-estimated his ability and he was never known to betray his trust. Mr. Crawford was connected with many of the most important cases before the courts of Delaware County during his practice here. One case in particular, in which he was personally concerned, began by himself in the Common Pleas Court, is worthy of mention. The Council of the village of Delaware had changed the grade of North Sandusky
Street, in front of Mr. Crawford's residence. He brought suit for damages and recovered a judgment in the Common Pleas Court. The village claimed that it could not be held in damages for such an injury. It was at the time an unsettled question. The case was taken to the Supreme Court, which court held that the village was liable and that case has become a leading authority both in this and other states. It is reported in the Seventh O. S. R., Page 457. An amusing incident occurred during the trial of this case in the Common Pleas Court which goes to show the earnestness and zeal with which Mr. Crawford tried a case. Hon. Thomas W. Powell and Ji ihn D. Van Deman were representing the village in the trial of the case and Mr. Crawford was arguing his own case. Mr. Powell contended that the injury lor which Mr. Crawford claimed damages was an injury for which there was no remedy in law and in his argument quoted the Latin Maxim. "Damnum absqui injuria." Mr. Crawford (who was not a Latin scholar), in his reply to Judge Powell's argument, turned to him and quoting the maxim as he understood it, said to Mr. Powell, "I'll show you before I get through with you, whether it is a dam tight squeeze." Colonel Crawford was a ready speaker, a good debater, was full of wit and repartee. He lived in Delaware from the time of his admission to the bar until the date of his death, which occurred the eleventh day of December, A. D.,
Israel E. Buck was admitted to the bar in the year 1842. He was a native of Delaware County and his opportunities for an education were limited to such as the county then afforded, but he was a hard student and he pursued his studies with vigor and diligence. He was distinguished for his strong and robust intellect, so that he ranked among the best inf< irmed and most intelligent men of the county. As a lawyer he was more distinguished for his knowledge of the law and his common sense and good judgment than for his eloquence in trials at the bar. He was for many years a law partner of the Hon. Thomas W. Powell
He platted and laid out an addition to the city of Delaware which is known as Buck's Addition to the Town (now city) of Delaware. Ohio. He was mayor of the city at the time Kossuth, the distinguished Hungarian patriot, visited Delaware and he delivered an address in his honor which was much admired and complimented. On account of his sound judgment, good learning and diligence, he gave hopes to his friends that when an occasion presented he would he promoted to the bench, but he died at an early age, much lamented by his friends and those who knew him. His only child, Henrie E. Buck, is still
John Egan Rosette was the son of George G. and Ann (Egan) Rosette. The parents located in Delaware, Ohio, in the year [825. The subject of 'this sketch was horn at Reading, Ohio, January 16, 182 1. He received his education at a private school taught by Mrs. Murray in Delaware at that time, in which school he prepared himself lor the profession of teacher. He taught for several years in the public schools of the county, studied law with Hon. Charles Sweetser, and was admitted to the Bar December n, 1844. He immediately formed a partnership for the practice of his profession, with his former teacher, Hon. Charles Sweetser, the style of the firm being Sweetser & Rosette, which partnership continued as long as Mr. Rosette remained in Delaware. David T. Fuller, the probate judge of Delaware County, died during the time he held that office and Mr. Rosette was appointed by Governor William Madill, on the twelfth day of September, A. D., 1854. to fill the vacancy. The original appointment is yet in existence and is now in the possession of the nephew of John E. Rosette. viz., our genial deputy sheriff, William Wells. In the year 1855. Mr. Rosette went to Springfield, Illinois, where he located and continued the practice of his profession, until the date of his death, which occurred in that city October 1, 1881. In the year 1867. Mr. Rosette was appointed United States district attorney by President Andrew Johnson, which position he held during the incumbency of Johnson as president.
Isaac Rannev was admitted to the Bar in the year 1842. He studied with the law firm of Sweetser & Barnes. He began to practice in this city and was soon elected prosecuting attorney of the county. He was a man of good legal ability, but he did not apply himself closely to his profession. In the year 1857 he went to California by the Overland Route, where he remained about two rears, when he returned and again entered upon the practice of his profession. At the commencement of the Civil War he was appointed collector of this district, which he filled with credit to himself for a short time, when he resigned. He was elected probate judge of this county and was re-elected to succeed himself and served out his two terms, having served from October 20, 1854. to November 1, 1862. He had in various ways accumulated quite a fortune, but the same was greatly reduced by his many changes of his residence in Delaware County, Washington. D. C. and other places. His name appears frequently upon the records at the Court House, which shows that he had at various times quite a business in the county. He finally settled upon a farm he had purchased in the valley of the Potomac, a few miles from Georgetown, where he died. * * *
Lucius P. Marsh came to Delaware .about the year 1848, from the State of Xew York. He was then a young man about twenty-f( iur years of age. He seems to have studied law before he came here. He was first employed by the Board of Directors as superintendent of the public schools of the town at a salary of forty dollars per month. The school house was the old William Street Methodisl Episcopal Church which had been bought by the Board of Education and converted into a schoolhouse. It was located on the northwest corner of William and Franklin Streets, just west of the present church. Mr. Marsh had a number of teachers under him and at the end of the two years he asked for a hetter salary. This having been refused, he resigned his position and began the practice of law in Delaware. He only remained here for a sh< irt time when he removed to Zanesville, Ohio, where he afterward became a prominent lawyer and was elected one of the judges of the Court of Common Pleas of the Eighth Judicial District.
Hon. James H. Hubbell was born in Lincoln Township, which was at that time a part of Delaware County, July 13, A. D., 1824. His parents' names were Shadrac Hubbell and Rebecca (Randolph) Hubbell. He received his early education in the public schools and began the study of law in the office of Judge Thomas W. Powell about the year 1843 and was admitted to the Bar on the fifth day of January, 1845. Mr. Hubbell became a law partner of his former preceptor and he soon acquired a remunerative practice but his greatest success in life was in the political field. Mr. Hubbell was pleasant, genial and affable and was a born politician. He had been in the practice of his profession but a few years when he was called to fill the office of representative in the General Assembly of Ohio. He was first elected as a member of the Forty-eighth General Assembly in the autumn of 1848. He was again elected as a member of the Fifty-third, Fifty-fifth, and Fifty-sixth General Assemblies and he became the speaker of the house, in the Fiftyfifth and Fifty-sixth General Assemblies. He resigned his office as a member of the Fiftysixth Assembly to accept the nomination for Congress in the Eighth Congressional District of Ohio. He was elected and served in that capacity during the years 1865 and 1866. At this time the Ohio delegation in Congress was composed of such men as Rutherford B. Hayes, Robert C. Schenck, William Lawrence, Samuel Shellabarger, Ralph P. Buckland, James M. Ashby, Columbus Delano, John A. Bingham, Ephraim R. Eckley and James A. Garfield, and among all these distinguished representatives of Ohio, the Hon. James R. Hubbell stood as a peer. At this period in Mr. Hul Fell's life, the tide which had carried him to this high pinnacle began to recede and though his ambitions were not altogether swept away in this receding tide, the foundations of his future greatness seemed to have been undermined, and he was never again restored to the position he had held in the confidence of his constituents. At the time Mr. Hubbell took his seat in Congress, Andrew Johnson had succeeded to the presidency by reason of the assassination of President Lincoln and during the long struggle in Congress for the reconstruction of the Southern States after the Civil War, and in the memorable antagonism between the president and the party that had elected him and had also elected Mr. Hubbell as a representative from Ohio, Mr. Hubbell, unfortunately adopted the views of Andrew Johnson in regard to the policy of reconstruction and thereby alienated himself from the majority of his party and ever afterward was unable to restore himself to its confidence and support. Like the president he drifted away to '.he policy of the Democratic party, the principles of which he maintained to the time of his death, which occurred at the home of his son, at Bellville, Richland County, Ohio, on the twenty-sixth day of November, 1890. Mr. Hubbell delivered a noted speech in Congress on February 5, 1866, on the subject of reconstruction, in support of President Johnson's policy, in which he maintained that Johnson was simply carrying out the policy inaugurated by President Lincoln, viz., the policy of peace, forgiveness, reconciliation and restoration. In illustrating the character of Lincoln in the line of policy adopted by Johnson, Mr. Hubbell in the closing of his speech quoted these lines :
Which quotation would seem to give a key to Mr. Hubbell's own motives in the course he adopted and in thef closing paragraphs of that memorable speech, he said : "I heartily approve of what has been done by the president. In our deliberations it seems to me our aim should be to heal and not to irritate, to bind up the nation's wounds and so conduct our legislation as to restore to all parts of our heretofore unhappy and distracted country, peace, concord and harmony."
Mr. Hubbell, up to this time had been a Whig and a Republican in his party affiliations. He had been, in fact, one of the organizers of the Republican party. He had been presidential elector on the Fremont and Dayton ticket in 1856. Mr. Hubbell' s political career did not wholly end with his accepting the policy of President Johnson ; he was appointed minister to Portugal by President Johnson, but owing to the bitter contest between the president and the Republican senate, his nomination was not confirmed. Mr. Hubbell was nominated in the autumn of 1869 by the Democratic Party, in the Sixteenth Senatorial District, at that time composed of Delaware and Licking Counties, for the office of State Senator and was elected, but after having served one year, he resigned for the purpose of accepting the Democratic nomination for Congress in the Eighth Congressional District, but he was defeated by his Republican opponent, Hon. John Beatty. of Morrow County, Ohio.
Mr. Hubbell was in many respects one of the most remarkable men the county has ever produced. He studied closely and very carefully the political events of his state and nation. He possessed a marvelous memory and was well versed in the history, lives and geneaology of all the public men of the nation. There were but few of the prominent families of this county with whom he was not personally acquainted, and his friends and acquaintances were such as desired to honor and promote him.
There was a time when Mr. Hubbell might have commanded the highest honors and distinctions within the gift of his constituents. There are yet many living witnesses who date the inspiration of their success to the friendly aid and counsel he gave them. It was his peculiar pride to extend a helping hand to some young man struggling for recognition in law. medicine, politics or military services and to no one who asked his aid or assistance did he turn away and in his declining years it was a great comfort to him to hear from these persons, that they appreciated those acts of kindness and that they held -him in grateful remembrance.
Col. William P. Reid was born in Oxford Township, Delaware County, Ohio, on the eighth day of January, A. D., 1825. His advantages in early life for an education were very meager. During his boyhood Oxford Township was new and the schools were few and far between, so that Mr. Reid's early education was limited and during all his life he felt the loss of an early education. Though he labored under this disadvantage, he was not by any means an uneducated man. He became a close student of human nature and was one of the most careful lawyers in the selection of a jury that Delaware County ever produced. What he lacked in early education and training he overcame by arduous study and industry. He was admitted to the Bar in the year 1849, and he immediately located in Delaware. He served as a Justice of the Peace, but through his perseverance and industry he soon rose to distinction in his profession. His greatest success was in the management of a case before a jury. He prepared his case with great care ; he saw the witnesses and knew what they would say ; he knew the jury and all their surroundings, and when he came to argue the facts and testimony to the jury, his good common sense enabled him to select the strongest points in his favor and to pass by the weak ones, so that the jury was apt to see the case as he saw it. Early in his practice he made the trial of personal injury cases a specialty, and he became an expert in that particular branch of the practice, so that for many years before his death he had a reputation for being one of the best jury lawyers in the State and his services were sought in important cases, not only in his own but in many other counties of the State, and many of his cases were carried to the
During the second year of the Civil war Mr. Reid organized the One Hundred and Twenty-first Regiment of Ohio Volunteer Infantry and was made its Colonel, and it was this fact which gave him the title of Colonel. He was compelled to resign by reason of sickness and after recuperating for a time he again took up the practice of his profession. He became the law partner of Henry J. Eaton with whom he was associated in the practice for many years, the style of the firm being Reid and Eaton. He afterward formed a partnership with Hon. Thomas E. Powell, which continued to the time of Colonel Reid's death, the style of this firm being Reid & Powell.
Colonel Reid was an ardent Democrat in his political views, and was called to fill several important positions by his party, yet he never devoted his time and talents to politics; his time and energy was principally devoted to his chosen profession. He was elected State Senator by his party, for the Sixteenth District, composed of Delaware and Licking Counties, serving in the Fifty-third General Assembly during the years 1874 and 1875. These positions he filled with his usual perseverance and industry and he soon became a leader in the Senate. But his greatest success in life was in his professional career, and in this he had few equals and in his management of jury cases he had no superiors. He died in the prime of his manhood, on the twenty-second day of January. A. I).. 1879, at the age of fifty-four years, having worn out his life by ardent work devoted to his profession.
Homer McKendree Carper was born jn Licking County. Ohio, July 24. 1826. He died at Delaware, Ohio, January 14, 1895, having almost completed his three score and ten years when called to bis final reward. He was the son of Rev. Joseph Carper, a minister of the Gospel in the Methodist Episcopal Church. He received his early education from the teachings of his mother and in the public schools.
He was a student for a short time in the Ohio University at Athens, Ohio. In November, 1844, he entered the Ohio Wesleyan University at Delaware, Ohio, and completed a classical course, and was graduated with honors in 1848. His attachment for his alma mater lead him to locate in Delaware and he afterward became a member of the Board of Trustees of his chosen university and was its trusted counsel at the time of his death.
Mr. Carper studied law at Lancaster, Ohio, under the tutorship of those great masters of the profession, Thomas Ewing and Hocking H. Hunter, and was admitted to the Bar in the year 1850, having imbibed from these eminent teachers, the great principles of the law, which he ever afterward taught and followed. He settled in Delaware and commenced the practice of his profession as a partner with Hon. James R. Hubbell, then a leading member of the Delaware County Bar. At the end of three years this partnership was dissolved and a new one was formed with Hon. Thomas C. Jones, which continued until Mr. Jones was elected Judge of the Common Pleas Court. In the year 1862 he became associated with Hon. J. D. Van Deman in a partnership which continued for a period of almost thirty years. By that time Mr. Carper had obtained a sufficiency for the support of himself and family and he gradually retired from active practice and often refused to accept new business. A few of his clients, however, clung to him and insisted upon his legal services when they needed a counsellor or had important litigation. One of these clients was the C. C. C. & St. L. Railway Company, which he had served as counsel for many years.
Mr. Carper had few aspirations for official honors. He declined a nomination for the Common Pleas Bench in the year 1881, although urged to accept by the members of the Delaware County Bar. He was however a delegate from this congressional district to the National Republican Convention which nominated Benjamin F. Harrison for President of the United States. He served Delaware County for two terms as prosecuting- attorney. Mr. Carper, like many of the older school of attorneys, was well versed in the common law. He argued from its principles and presented his cases to the court and jury upon its theories and precepts rather than from cases cited. He was, therefore, what woiul be styled an elementary practitioner rather than a case lawyer. He was a man of great scholarly attainments and he drew about him a circle of admirers who delighted in his conversation. He enjoyed his home to which he was greatly attached, and he rarely spent an evening away from his own fireside. Mr. Carper died very suddenly and his death created a great shock in the community. The Bar in which he had been so long a prominent figure adopted a memorial which was spread upon the court records as an inspiration to his
Leander J. Critch field graduated at the Ohio Wesleyan University in the class of 1849. He studied law with Judge Finch and was admitted to the Bar soon after, and then became the law partner of Mr. Finch and for several years their names are attached io numerous pleadings in the Clerk's office, and Mr. Critchfield's name is attached to many other papers recorded in the records of the county. He was a successful practitioner at the Delaware County Bar. until he was appointed reporter of the Supreme Court of Ohio. His first volume of the reports entitled, "The Ohio State Reports," being the fifth volume of the new series, was published in the year 1858, beginning with the decisions of that court in the term of December, 1855. He remained official reporter of the court until the year 1872, when he published his last volume of the new series. His duties as reporter were ably and faithfully performed, and these reports remain as an honorable monument to his professional abilities and industry. Soon after he began the publication of the reports he removed to Columbus, where he continued his practice in Franklin and surrounding Counties. For many years he resided on a farm near Flint, just over the Delaware County line in the edge of Franklin
Hon. John D. Van Deman is the Nestor of the Delaware County Bar. He was born in Delaware County, Ohio, on the twelfth day of February, 1832. His father,. Rev. Henry Van Deman, was a native of Pennsylvania. He was a minister of the Presbyterian Church, and was pastor of the church in Delaware for nearly forty years. His mother, Sarah Darlinton, was a daughter of General Joseph Darlinton. who was one of .the pioneers in the settlement of the Northwest Territory, and was a member of the Territorial Legislature of Ohio and a member of the convention held to frame the first constitution of the State.
When a child Mr. Van Deman received his primary lessons from Mrs. Murray, in the basement of the building located on the Court House lot, being the same building where he afterwards completed his legal studies, preparatory to his admission to the Bar. ( President R. B. Hayes had been a student at this same school.) Mr. Van Deman completed the classical course in Ohio Wesleyan University, and received his degree in the year 1851, and is now one of the oldest graduates of that institution. Immediately upon his graduation he entered the law office of Messrs. Powell and Buck, where he completed his course in law in the year 1853, and was admitted to the Bar before the District Court of Delaware County, which was presided over by Allen G. Thurman, then chief justice of the Supreme Court of Ohio. He began the practice in Delaware, soon achieving a success which was very gratifying. His first partnership was with Judge Thomas W. Powell, which continued until the year 1862, the success of which may be seen by reference to the court records, where the names of Powell and Van Deman, attorneys, appear subscribed to numerous pleadings. He then entered into a partnership with the late Homer M. Carper, which was maintained without interruption until the year 1887. when Mr. Van Deman retired from a general practice. At the time of this dissolution, it was the oldest law firm in the State, having been in existence for nearly thirty years. During all this time the relations of Mr. Carper and Mr. Van Deman were not only friendly and cordial but were of the closest intimacy. The firm name was known as Carper & Van Deman, and this firm was for many years employed in most of the important cases tried in the county, as will appear by reference to the Court Journal and other records of the court.
Mr. Van Deman's first case was one which afterwards became famous by reason of the principle established. in it when it reached the Supreme Court of Ohio. It was a question affecting the grade of streets and it became a leading authority throughout the states on that subject. The title of the case was James W. Crawford vs. the Village of Delaware, and the same is reported in the Seventh O. S. R., Page 459. Judge Thomas \V. Powell was associated with Mr. Van Deman in the trial of the case. Mr. Crawford had brought suit against the village of Delaware for damages for cutting" down the grade in front of his residence. On a hearing in the court, Judge Powell was trying to call to mind a Latin maxim which he thought was applicable to the case but which for the time being he could not recall. Finally, Judge Finch, who was a fine Latin scholar, said to Mr. Powell. 'You refer to the Maxim, 'Damnum absqui injuria,' ' "Yes, yes," said Judge Powell, "that is it." Mr. Crawford, who was pleading his own case and was not a Latin scholar, at once replied, "I will show you, Mr. Powell, before I get through with you, whether it is a damn tight squeeze."
There were very few important cases tried in the courts of Delaware County, during the time of Mr. Van Deman's active relations with the Bar, in which he was not engaged. One of the most celebrated cases which he managed was that of the prosecution of L. Houck, who was a manipulator of three card monte. Houck had killed a man on a Hocking Valley train just before the train stopped at the Delaware station. He was indicted for murder and
Mr. Van Deman was employed to prosecute the case. Of his argument to the jury in the trial of the case, the Ohio State Journal said, "His address was admired by all who heard it. It was clear and sound in argument and his rhetoric was unusually fine, his speech was pronounced one of the best ever delivered at the Bar of Delaware County." Houck was convicted of manslaughter and was sentenced to the Ohio Penitentiary tor many years.
Another celebrated case was one growing out of the failure of a bank at Logansport in the State of Indiana. The case was tried in the Federal Court at Toledo, Ohio. An attempt was made on the part of the Indiana bank management to hold Mr. E. R. Thompson, a non-resident, as a stockholder in the bank. There was a verdict on the first trial against Mr. Thompson. The case was taken to the United States Supreme Court, and the judgment was reversed, after a delay of many years. The case was again tried and a verdict was had in favor of Mr. Thompson's estate, he having been called long years before to his final account.
Mr. Van Deman always prepared his pleadings with great care and tried his cases in court with great skill. Politically Mr. Van Deman has always been a Republican, but rarely aspires to political honors. He was satisfied with the emoluments as well as the fame which a lawyer who attends strictly to the profession may secure. He was just entering his professional career when the Republican party was organized. He took a great interest in it and in 1856 he took the stump in support of Fremont and the new political platform which opposed the further extension of slavery into the territories.
He became acquainted with Abraham Lincoln in the year 1859, when Mr. Lincoln made his great speech from the east side of the State House in the city of Columbus, against Stephen A. Douglas. Mr. Van Deman was so charmed with the great simplicity and true nobility of the martyr president that he became one of his most zealous adherents. He continued in his work as a campaign orator until after the close of the campaign of 1884, when lie retired from the political field, leaving the more arduous service to younger men. But in the campaign of 1896, he again entered the political arena and under the appointment of the national committee made many speeches in Ohio and spent about four weeks in Kansas, most of the time in the district of "Sockless" Jerry Simpson.
Mr. Van Deman was four years prosecuting attorney of Delaware County. He was mayor of the city of Delaware for two terms and in the year 1876 was a candidate for judge of the Common Pleas Court, on the Republican ticket, in the First Subdivision of the Sixth Judicial district and later was a candidate for circuit judge of the Fifth Judicial District on the Republican ticket, but in both cases the Democratic majority was so great that even though he ran more than one thousand votes ahead of his ticket, he was unsuccessful. Mr. Van Deman has been for several terms a member of the City Council and was its presiding officer most of the time and was recognized as one of its most useful members. Mr. Man Deman's disposition is to be conservative, believing that permanent success for the county will be found in guarding carefully the public expenses and public treasury. He is in favor of reducing the taxes to a minimum and he would exact of public officials, performance of their duty and an honest execution of the public trust.
Mr. Van Deman was a lieutenant in Companv E. One Hundred and Forty-fifth Regiment, Ohio Volunteer Infantry, in the Civil War, and is a charter member of George B. Torrence Post, G. A. R., and was its post commander. He served as aid on the staff of General Alger, grand commander of the Grand Army of the Republic. He is a member of Hiram Lodge. No. 18. F. & A. M. : Delaware Chapter. No. ^4. R. A. M. and a member of Delaware Council. No. 84. R. & S. M.
Mr. Van Deman has displayed great talent for business and is one of Delaware's most prosperous citizens. He assisted in organizing the Columbus and Toledo Railway Company and was one of its direct* >rs for many years. He was its counsel for thirty-five years and was counsel for the Big Four Railway for about the same length of time. He has been a director in the First National Bank of Delaware for many years and is now its president. He helped to organize the first building association in Delaware and was its president and he is now a member of the Board of Directors of the Fidelity Building Association and Loan Company.
Mr. Van Deman is a member of the Protestant Episcopal Church of Delaware and is now its senior warden. He has served for many years as president of the Board of Trustees for the Diocese of Southern Ohio, which board has the management of the church property of the diocese and the investment of its charitable and benevolent funds.
In the year 1903. Mr. Van Deman having completed fifty years of active work at the bar. retired from the profession, having accumulated a sufficiency for himself and family. He spends his winters in his southern home and his summers at his home in Delaware, where he enjoys the utmost confidence and respect of his neighbors and fellow citizens.
General John S. Jones was born February 12. 1836, in Champaign County. Ohio. and died in Delaware. Ohio, April 11. 1903. He lived on his father's farm and was educated in the public schools until his great desire for an education led him to the Ohio Wesleyan University, where he completed his course of study in the year 1855, supporting himself in the meantime by teaching school. In the autumn of the year 1855 he began the study of law in the office of Thomas W. Powell and was admitted to the Bar in the autumn of the year 1857. He immediately entered upon the practice of his profession in Delaware, Ohio, with gratifying success and was soon elected prosecuting attorney of Delaware County. He had not served out his first term when the Civil War began. He was among the first to volunteer from this county in the Union army. He enlisted as a private in Company C. Fourth Regiment O. V. I., but was immediately elected first lieutenant of the company and on the twenty-fifth day of Sep- tember, 1862, he was promoted to captain of Company B, of said regiment and served until the expiration of Iris term of service. He returned to his home and again in the autumn of the year 1864, he organized the One Hundred and Seventy-fourth Regiment, becoming its colonel, and which he commanded until the close of the war. He was breveted brigadier-general at the close of the war, for meritorious service and gallant conduct in the war. General Jones was mustered out of the service, July 27, 1865, and returned to Delaware and entered upon the practice of his profession and was on the second day of April, 1866, elected mayor of the city of Delaware. In October of the same year he was again elected prosecuting attorney of the county, which office he held for four years. In the year 1872, he was appointed trustee of the Ohio Soldiers' and Sailors' Orphans' Home, one of the most noble institutions of this State. He was president of its Board of Trustees for many years. He gave to this institution much of his best though and many hours of his most valuable time and cherished for it a most kindly feeling up to the date of his death. He was presidential elector on the Grant and Wilson ticket in the year 1872, representing the Ninth Congressional District. He was elected tn Congress in the year 1876 from said Ninth District, serving as a member of the Fortyfifth Congress, but was deprived of a second term by a "gerrymander" of the district. He was elected to the Sixty-fourth and Sixty-fifth General Assemblies of the State of Ohio, in which assemblies he served as chairman of the Judiciary Committee. Having served his county, district and State so well and faithfully, his neighbors and fellow citizens called upon him to serve them in the City Council, which position he filled with as much zeal and ardor as the more responsible positions he had heretofore held. He was afterward, by reason of his faithfulness, chosen a member of the Board of Education, which position he held for many years. He was the instigator of the City Library Association and was a member of its board of Trustees at the time of his death. This organization was the means of bringing to our city the beautiful Carnegie Library building of which our citizens are so justly proud. Notwithstanding the many positions lie held, General Jones was a faithful student in his chosen profession and he became one of the best lawyers in central Ohio. He entered into a partnership for the practice of law, with Jackson Hippie, about the year 1866, which partnership continued for four years. The firm was known as Jones & Hippie. In the year 1870, he formed a partnership with the writer of this sketch. This firm was known as Jones & Lytle and continued for twenty-five years, the partnership having been dissolved by mutual consent, on the first day of April, 1895. At this time both his sons having been admitted to the Bar, he formed a partnership with them and the new firm was known as J. S. Jones & Sons. This partnership continued until about the year 1899, when Carroll H., the younger son, withdrew and went to Chicago, where he is now located. He then continued the practice with his elder son, William B. This firm was known as Jones & Jones, which partnership continued to the time of Mr. Jones' death, he having appeared in court but a few weeks prior to his death.
Henry C. Godman was the son of General J. W. Godman, who resided in Marion County, Ohio, and who was an attorney-atlaw in that county. The subject of this sketch was born in Marion, Ohio, where he received his early education. He came to Delaware as a lawyer, having been a practitioner in that county ; having been a law partner at one time of Judge W. Z. Davis, now on the bench of the Sunpreme Court of Ohio and it is said Judge Davis was a former law student of Mr. Godman.
He first formed a partnership with John J. Glover, the style of the firm being Godman & Glover. This partnership was soon dissolved and Mr. Godman soon thereafter went into the firm of Reid & Powell, the style of the firm being Reid, Powell and Godman. This lasted until after the death of Colonel Reid, when the partnership was dissolved, Mr. Godman retiring. He soon removed to Columbus,
Hon. Early F. Poppletox was one of most prominent representatives of the legal profession in Delaware County and was also one of its most influential political leaders, both in county and state politics and he was chosen to fill many positions of trust by his Democratic adherents.
He was born in Richland County. Ohio, on the twenty-ninth day of September, 1834. His father, Samuel Poppleton, was a native of Vermont, where he was burn July 2, 1793. He acquired a fair English education and was a regularly ordained minister of the Methodist Episcopal Church and often preached, though he devoted the greater part of his life to merchandising. At the age of nineteen he enlisted in the War of 181 2, where he served his country until the close of the war. At the close of the war he removed to the state of Xew York and in the year 1818, came to Ohio and settled in Richland County, where he engaged in merchandising for many years and it was while he lived in this county that the subject of this sketch was born.
Mr. Poppleton's mother's name before marriage was Julia A. Smith. She was the second wife of Samuel Poppleton. She was born in the Dominion of Canada, though she was descended from New York ancestry. Fri mi this union there was born to Samuel and Julia A. Poppleton, a family of children who became very prominent in the business, legal and social circles of this and- other states. Emery E., the eldest son, became the manager of the Cleveland and Mahoning Railroad Company. Parthinia P., became the wife of Judge Stevenson Burke. Damaris A. became the wife of George B. Lake, chief justice of the Supreme Bench of the State of Nebraska. Early F., the subject of this sketch. Houston H.. for many years attorney for the Big Four Railway Company, and Julia C, who became the wife of Colonel Thomas H. Linnell, completes the family.
Early F. Poppleton received his early education in the public schools. At the age of twelve years he entered the Wilcox High School at Bellville, Ohio. He also attended the Ohio Wesleyan University for three years. In the year 1855 he entered the law office of his brother-in-law, Judge Burke, at Elyria, Ohio, and completed his course and was admitted to the Bar in the year 1858.
He returned to Delaware after his admission to the Bar, to look after the affairs of his father, who was at that time living in Delaware. In the spring of the year 1861, he opened an office in this city and began the practice of his chosen profession, which he followed continuously to the date of his death, which occurred at Delaware, Ohio. May 6, 1899. Mr. Poppleton was an able advocate; he was sought by his clientage in particular for his ability in that direction and also by his fellow members of his profession, when they had a close question to the jury, and when they had grave doubts about the result of the verdict. He was keen and quick in his perceptions and was ready for any emergency which might develop in the trial of a case and he often wrung from a jury through his great eloquence a verdict, which, but for his efforts, might have been given to his opponent. Mr. Poppleton was perhaps best known to the public through his official life. He served for six years as a member of the City Council and was its president most of that time. It was during the time he was a member of that body, that the water works were built and the electric light plant was put in. also the electric railway was built, to all of which he gave his ardent support. He was elected to the Ohio State Senate from the Sixteenth Ohio Senatorial District, composed of Delaware and Licking Counties, in the year 1870 and in the year 1874 he was elected to Congress from the Ninth Congressional District, at that time composed of Delaware. Marion, Hardin. Knox and Morrow Counties. Mr. Poppleton was for many years a prominent leader in the Democratic councils of his State and there were but few great issues promulgated by that party,
Henry James Eaton was the son of James and Elizabeth (Caulkins) Eaton. He' was born October 25, 1828, in Berlin Township, Delaware County, Ohio. James Eaton was for many years surveyor of Delaware* County and the early records of the county are replete with his doings. He was very careful and particular about his surveys and marking his corners, and his son, the subject of this sketch, must have inherited much of his father's carefulness and particularity. The family lived on a farm near Cheshire, in Berlin Township, at the date of the son's birth. Henry J. Eaton received bis early education in the public schools of his native township. The family removed to Delaware in the year 1844, and Henry J. soon entered the Ohio Wesleyan University, from which he graduated in the year 1849. He studied law with Thomas \Y. Powell and was admitted to the Bar in the year 1853. He began the practice in the city of Delaware and soon formed a partnership with Colonel William P. Reid, for the practice of law, which continued until the year 1866, when Mr. Eaton, owing: to failing- health was obliged to withdraw from the practice. His health having improved, he again opened an office in the Reid and Powell Block, where he continued his practice for many years. A few years before his death he gave up his office, yet he continued his practice up to a short time before his death. His clients went to his home and met and consulted him there. Mr. Eaton never aspired to become a trial lawyer and he seldom argued a case to a jury, yet he was one of the most careful and technical lawyers at the Delaware County Bar. He prepared his cases with the greatest care and his opponent before the court never knew when he was to meet some technical question which might put him out of the case.
Mr. Eaton never aspired to hold office; in fact, he never held an elective office during the long period he practiced law. Up to the summer of the year 1903. his many clients continued to see him at his home, and he continued to see and meet them in this quiet, easyway. He died September, A. D.. 1903.
General John Calvin Lee. John C. Lee was born in Brown Township, Delaware County, Ohio. He was the son of Hugh Lee, one of the pioneer tanners of Brown Township. The subject of this sketch received his early education and began his career of usefulness in the city of Delaware. He chose the profession of the law and studied his profession here and was admitted to the Bar, but he never became an active practitioner in this county. He removed to Tiffin, Ohio, from which place he entered the army as colonel of the Fifty-fifth Regiment, O. V. I.', in the Civil War. He later became colonel of the One Hundred and Sixty-fourth, O. V. I., and was breveted brigadier-general. He was nominated for lieutenant-governor of Ohio, on the ticket with General R. B. Hayes in the year
Judge Charles H. McElroy was born at Gambier, Ohio, March 19, 1830. His parents, Rev. James McElroy and Maria (Burrows) McElroy, were natives of Ireland. They were married in Ireland in 1828 and came directly to Kenyon College, where he taught for some time. He was a graduate of Trinity College, Dublin. He removed to Delaware, Ohio, in the year 1832 and was rector of St. Peter's Protestant Episcopal Church. He removed to Staunton, Virginia, in the year 1840, at which place the subject of this sketch received his earry education. Judge McElroy attended the Law School of the University of Virginia during the sessions of 1 850-1 851 and 1851-1852. He was admitted to the Bar by the Court of Appeals of the State of Virginia at Lewisburg in the summer of the year 1852. He immediately came to Delaware, where his parents had removed. He engaged in civil engineering for a few years but returned to Delaware and was admitted to the Bar of Ohio in the year 1855. when be began the practice. In the year 1857 and 1858 and again in 1878 Judge McElroy was elected
In August. 1861, Judge McElroy enlisted as a private in Company D. Twentieth Regiment. O. V. I. He soon became captain of the company and in August, 1862, by reason , of his meritorious conduct and at the request of the governor of Ohio and on order of the War Department, he was transferred to the Ninety-sixth Regiment O. V. I. and was appointed major of the regiment. He remained with the command in the campaign down the Mississippi and up the Yazoo Rivers and Chickasaw Bayou, but his failing health admonished him that unless he quit the service, he would not be able to reach his home alive, and soon after the surrender of Yicksburg, therefore, he resigned his command and came home and after a partial recovery he again began the practice of his profession. He was elected judge of the Court of Common Pleas in the autumn of 1881 and again in the autumn of 1886, in the first Subdivision of the Sixth Judicial District, comprising the counties of Delaware. Knox and Licking, and served from February. 1882, to February, 1892. and his opinions as a judge were always recognized by members of the Bar as able. He was a close student of the principles of the law and his early reading had made him a recognized authority on what is known as the common law. After he retired from the bench he again took up the practice, which he continued up to the time of his death, which occurred March l. 1904. He was solicitor for the Fidelity Building Association and Loan Company up to the time of his death. He was associated at various times during his long continued practice, with Hon. Early F. Poppleton. Hon. Henry S. Culver and Hon. George \Y. Carpenter, the styles of his several partnership? being Poppleton & McElroy, McElroy & Culver, and Carpenter & McElroy.
Jackson Hipple was horn in Washington County, Pennsylvania. March 10. [835. Ili'- parents, George and Nancy Hippie, immigrated to Ohio in the year 1842 and settled on a farm near Kilbourn, in Brown Township,
Delaware County, where the subject of this sketch resided and received his early education. He was educated in the public schools of Brown Township and was fortunate to have been a pupil of Cbarles Neil, who for many years taught in that township and who always impressed upon his pupils the principles of a thorough mathematical education. Mr. Hippie was in early life apprenticed to a harness-maker in the village of Eden, where he worked for several years at bis trade. But having higher ambitions, he left the farm and his trade and came to Delaware, entering the Ohio Wesleyan University, and where he studied for some time. He had determined upon a professional career, and being in haste to begin it, he left the college and entered the law office of Hon. James R. Hubbell, who was at that time and for many years thereafter a successful practitioner at the Bar of Delaware County. Mr. Hippie was admitted to the Bar in the year 1861 and he immediately entered upon the practice of his chosen profession in the city of Delaware, where he continued the practice for over forty-two years. Mr. Hippie was for some years a law partner of General J. S. Jones, the style of the firm being Jones & Hippie. He was later a partner of F. M. Joy, the style of the partnership being Hippie & Joy. Mr. Hippie applied himself studiously to the practice of his profession and never coveted office or political preferment. Though never a seeker of office, he was called upon by his fellow citizens to fill some of the m< >st trustworthy offices in both the city and county of Delaware. He was called upon by the citizens of his ward to fill the office of .city councilman and was made president of the City Council. He was elected solicitor of the city of Delaware and was also elected mayor of the city of Delaware. He also served as justice of the peace of Delaware Township and was twice elected prosecuting attorney of Delaware County. In all of these offices he was faithful in the discharge of everv duty and acquitted himself with honor. Mr. Hippie was a faithful student of the law and an able practitioner. He prepared his briefs with great care and was always ready and persistent in the trial 01" ,1 case. At a time when his country must needed his services he answered its call. He enlisted in Company E, One Hundred and Forty-fifth Regiment, O. V. I., and served with his command until his regiment was discharged. He was subsequently a member of George B. Torrence Post, G. A. R.
Mr. Hippie in early life became a member of the Methodist Episcopal Church. He joined William Street Methodist Church in 1863, but when that church was divided and Asbu'ry Church was built he became one of the charter members and retained his membership up to the time of his death, which occurred in February, 1903. His funeral was attended by the members of the Delaware County Bar as a
Hon. John J. Glover was born 111 Belmont County, Ohio, March 12, 1835. His father's name was Samuel Glover and his mother's maiden name was Eliza Thompson McKesson. He was educated in the public schools in the county of his birth and at Allegheny College, from which he received the degrees of Bachelor of Arts and Master of Arts. He studied law with the law firm of Carroll & Glover and was admitted to the Bar at Zanesville. Ohio, in the year i860. He immediately started to the great West in pursuit of a location and landed in the gold fields of Colorado. Having imbibed the spirit of mining which was so prevalent in that locality at the time, he engaged in gold mining, with some success, but not having been accustomed to the severities of a miner's life, he soon returned to his father's home in Belmont Count)', Ohio, where he remained until the spring of 1861. He had just opened an office for the practice of his profession in St. Clairesville, Ohio, when the first call for volunteers in the Union army was made. He joined the first company of volunteers from St. Clairesville and entered the service of his country, where he remained during that, and his re-enlistment for over three and a half years. He enlisted as a private, was promoted to second lieutenant and to captain, and was in all the battles in which his command engaged.
He came to Delaware in the year 1868 and opened an office and began the practice of his profession! He was elected prosecuting attorney of Delaware County in the autumn of 1876 and served for one term. He was appointed clerk in the office of the first comptroller of the treasury, January 5. 1882, and immediately went to Washington, D. C, and entered upon the duties of his office, at a salary of twelve hundred dollars per year. In the year 1894 he was transferred to the Department of Justice, with an increased salary, and in the year 1900 he was promoted to the office of chief of the division of accounts, at a salary of twenty-five hundred dollars per year, which position he at present holds with a corps of twenty-five clerks to assist him.
David Humphreys was born in Radnor Township, in Delaware County, Ohio. He was the son of Hugh Humphreys, who came to Radnor from Wales at an early date. The subject of this sketch was educated in the public schools of his native township. He then entered the Ohio Wesleyan University, from which he graduated in the year i860. He then studied law and was admitted to the Bar. He located at Oskaloosa, Iowa, where he remained for several years and then returned to Delaware, Ohio, where he opened an office about the year 1870 and began the practice of his chosen profession. He planted and laid out two additions to the city of Delaware, Ohio, in the winter of 1 870- 1 871 and became well identified with the city but he only remained a few years. He located in Cincinnati, Ohio, where he practiced for a number of years and then removed to New York City, where he pursued his profession up to the time of his death which occurred several years ago in that
Hon. Thomas E. Powell was born at I Delaware, Ohio, on the twentieth day of February, 1842. His father, Thomas W. Powell, was a lawyer and for many years a leader at the Delaware Bar. The mother of Thomas E. Powell was Elizabeth Gordon, a native of Ohio. Thomas E. Powell obtained his early education in the public schools of Delaware. \t the early age of thirteen years he entered the Ohio Wesleyan University and graduated in the year 1863 at the age of nineteen years. He then enlisted as a private in Company E. Eighty-fourth Regiment, O. V. I., and served out his time with said regiment. In the month of May, 1864, he again enlisted in Company E, One Hundred and Forty-fifth Regiment, O. N. G. I., and was discharged with the command as a lieutenant of the company.
He at once entered his father's office as a student of the law and was admitted to the Bar in 1865, and during the same year he forme'd a partnership with William P. Reid, which continued up to the time of the death of Mr. Reid. During the existence of this partnership there were but a few contested cases in the Delaware County courts in which the firm of Reid & Powell were not interested. A few years before the death of Colonel Reid the firm associated with them Henry C. Godman, formerly of Marion, Ohio, and the style of the new firm was Reid, Powell & Godman. After the death of Colonel Reid. Mr. Powell associated with himself, John S. Gill, and the style of the new firm was Powell & Gill. Later their law student, Frank A. Kauffman, was taken into the new firm after his admission to the bar and the style of the new firm was Powell. Gill & Kauffman, which partnership continued up to the time of Mr. Powell's removal to Columbus. Ohio.
Provenance
Text from 20th Century History of Delaware County, Ohio and Representative Citizens, published 1908, in the public domain in the United States and digitised by the Internet Archive.