Madison County, Ohio - Chapter 29: Bench and Bar of Madison County, 1915 (part 2 of 2)
From History of Madison County Ohio, published 1915. 9,285 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
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9,285 wordsMachine-read from scans of History of Madison County Ohio, published 1915. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.
Imbued with the desire to enter the legal profession, he became a student in the law office of the distinguished William A, Rodgers in 1844, and later graduated from the Cincinnati Law School. He was admitted to the bar in April, 1846, and at: once opened an office in London, Madison county. His: success at the bar was immediately pronounced, and he at once became a leader in legal circles of that locality. His conspicuous ability also won political distinction, and he was elected in 1857 to the General Assembly as a representative of Madison county. In 1859 he was elected state senator from the counties of Madison, Clark and Champaign. In 1861 he was elected to Congress to fill a vacancy made by the resignation of Thomas Corwin upon the latter's appointment as United States minister to Mexico by President. Lincoln. Mr. Harrison was appointed by Governor Hays, and by the Senate confirmed, a member of the supreme court commission of Ohio in 1875, but declined the honor. During the latter part of President Harrison's administration the honor of an appointment to the supreme bench of the United States would have been conferred upon him had his age not proven an obstacle, he having then passed his sixtieth birthday. When a member of the Senate, and while the momentous questions of that: time were. being discussed, Mr. Harrison framed a set of resolutions which were passed by the Ohio Legislature in January, 1861, pledging Chio and its resources to the support of the Union and the administration of President Lincoln. When Mr. Lincoln, on his way to be inaugurated, passed through Columbus, on being introduced .by Governor Dennison to Mr. Harrison, inquired: 'Is this the author of the resolution offering the resources of the state of Ohio to the government?" On being answered in the affirmative, he grasped Senator Harrison's hand again and exclaimed in his characteristic way: "Well, I must give you an extra shake."
.In May, 1878, Mr. Harrison moved to Columbus, Ohio, where he was engaged in the active practice of the law until his death, having filed a brief in the supreme court the day before he died. He was a member of the bar of London for twenty-seven years. Soon after his admission to the bar, he married here his wife, Miss Maria Louisa Warner, a daughter of one of the most prominent pioneers of Madison county. His children were all born in London, and those who have died were buried here. He died on July 30, 1904, more than eighty years of age, and was buried at London.
We have given with pleasure some space to Mr. Harrison, because he was one of ' the most conspicuous figures in the history of the jurisprudence of Ohio. In the long and prolific line of distinguished men of whom the commonwealth is justly proud, the public life of few has extended over as wide a period as his; and certainly the career of none other has been more varied in service, more constant in honor, more fearless in conduct and more stainless in reputation. His great legal ability and his unswerving devotion to the interests committed to his charge won for him a renown not confined to his state; at home and abroad he is recognized as one of the most eminent jurists and able lawyers who have ever been engaged in the practice of law in the state of Ohio. The people of Madison county take a just pride in his fame and career.
It is reported in the New Testament that St. Paul, who was a lawyer, learned the law at the feet of Gamaliel. It will be observed from this sketch that many lawyers read law under Mr. Harrison. When a young man wanted to learn the law, he desired Mr. Harrison's instruction. In his declining years many attorneys with pon cases consulted him to learn the law. He was a modern Gamaliel.
Otis C. Smith was born in London, Ohio,- in 1845. After graduating from the London high school he prepared to enter. college under the instruction of Rev. C. W. Finley. He entered Miami University and graduated in the class of 1866. He studied law with his father, Hon. H. W. Smith, and was admitted to the bar in 1868, beginning the practice of law with his father. His health was delicate; his career was brief, and, after a lingering illness, he died on June 24, 1873. He had natural ability and poauired knowledge, and was most highly esteemed.
John C. McCloud was born in Union county, Ohio, in 1829. He attended the Ohio Wesleyan University and studied law with R. A. Harrison; was admitted to the bar in 1857, and formed a partnership with Mr. Harrison, which continued for a few years. He then practiced Jaw until 1884, when he was stricken with paralysis and died in April, 1887. Mr. McCloud was a self-made man. He was modest and retiring, never seeking notoriety. He was friendly and encouraging to the younger members of the bar. He had good common sense and sound judgment; was a wit and a most excellent story-teller. He was strongly endowed physically and mentally and could grasp a large question in a short study.
J. F. Chapman was born in Madison county in 1843. He was a self-educated man, never attending school but three months. He enlisted in 1862 in the One Hundred and Thirteenth Ohio Volunteer Infantry, and served until the close of the war. He then read law with J. C. McCloud, was admitted to the bar in 1869, and practiced law until his death, in 1879. Mr. Chapman's early education being so limited, he was not an educated or well-equipped lawyer. He naturally possessed a strong and active mind. He was a fluent speaker and a good jury lawyer. He had a large and successful practice before justices of the peace.
Palmer Smith was born in London in 1857 and was the son of H. W. Sinith, of whom we have written. He graduated from the Cincinnati Law School in 1877. He was mayor one term and prosecuting attorney one term. He was a genial fellow and a good lawyer. Death claimed him early, he dying in 1898. 4
George B. Cannon was born in Pickaway county in 1851. He received a comimonschool education and taught school for eight years, during which time he studied law, und was admitted to the bar in 1878. He practiced law here until his death, in 1903. Mr. Cannon was a student and was well informed in history and literature. He was also informed on current political events. rae Ae
Emery Smith was born in Delaware county in 1838; received a' common-school education, attended Oberlin College and Cleveland Law S¢hool and was admitted to the bar in 1860. He enlisted in the Seventeenth Ohio Volunteer Infantry and served three months. He died in 1904 at London. Mr. Smith had a bright mind, was an excep-_ tionally good trial lawyer and for a long time had a good law practice. He was a good public speaker, and was impetuous and ardent. ;
George W. Wilson was born in Clark county, Ohio, in 1840. Receiving a commonschool education, he attended Antioch College, of which the distinguished Horace Mann was president. He enlisted in the Ninety-fourth Regiment in 1862, and was afterwards commissioned, respectively, second and first lieutenant in the regiment. He was mustered out of the service in 1865. After the war he resumed his studies with Mr. Harrison and was admitted to the bar in 1866. He held the office of prosecuting attorney for two terms, 1867 to 1871. He was in 1871 elected representative in the Ohio Legislature for one term. He was elected to the state Senate in 1877 and served one term. He was elected a member of Congress in 1892 from the seventh district, and re-elected in 1894. He died on November 22, 1909. He was a very able lawyer and honorable man. ;
O. P. Converse was born in Champaign county. Ohio, in 1842. He received a good common-sehool education, taught school for several years and was a student for awhile in the Ohio Wesleyan University. When the Civil War commenced he enlisted in the Eighty-sixth Ohio Volunteer Infantry and served about a year, when he was discharged on account of physical disability. He studied law with Hon. George L. Converse and was admitted to the bar in 1874. He practiced law in Columbus, Ohio, until 1884, when he entered into partnership with J. C. McCloud, at London, where he continued in the active practice of the law. Mr. Converse was industrious, alert and honest. While he made no pretention to great learning, yet he was a very safe counsellor and a most correct business lawyer. He died in April, 1913.
John J. Bell was admitted to the bar in 1873 in Greene county. He came to London in 1874, and in the fall of that year was elected prosecuting attorney of this county. He was an easy, fluent speaker and was a fair official. He left London in 1879 and located in New Mexico, where he practiced law and became a member of the Senate of that then territory. He died there in the early nineties.
Martin O'Donnell was born in Greene county, Ohio, in 1853. His education was received in the high school at Xenia. In 1871 he came to London and clerked for Mr. Riley, a leading merchant. During that time he studied law under the instructions of ens McCloud. He was admitted to the bar in 1875, and at once formed a partnership with Mr. McCloud, which continued until 1889, when, on account of ill health, he went to Colorado, where he soon afterwards died. Mr. O'Donnell was aggressive, forcible and keen. He had a bright mind and retentive memory. He was not scholastic nor profound, but was intensely practical. -
George W. Burnham was born in Champaign county, Ohio. His parents removed to Iowa when he was a small child, and there he grew to maturity and graduated from the Agricultural College of that state. He came to Ohio about 1870 and began reading law in the office of John C. McCloud. He was admitted to the bar in 1873, and formed a partnership with Mr. McCloud. He returned to Iowa in 1875 and loeated in Vinton, where he engaged in the practice of law. He was elected judge of a superior court of that state. for one term. He now is engaged in the practice of law there.
William B. Hamilton was born in Marysville, Union county, Ohio, in 1855. His father .was Hon. Cornelius S. Hamilton, a lawyer and ~ member of Congress at' the time of his death, in 1876. William B. was a graduate of Adrian College. He taught school for some time and studied law, was admitted to the bar in 1877, and began the practice of law with Judge Lincoln in London. Ill health caused him to retire from the practice in 1885, and he returned to his.native county of Union, where' he oa in 1887.
Napoleon Bonaparte Porter was born in Diiiou township, this county, in 1856: He attended the country schools and the London high school, from which he. graduated in 1876, and then entered Dartmouth College, where he graduated in 1880. He studied law with Wilson & Durflinger in London one year, and attended the Cincinnati Law School, where he graduated, and was admitted to the bar in 1883. He practiced law a short time and then, on account of failing health, removed to Colorado, where he died in 1884. Mr. Porter was a finely educated young lawyer, had the ambition to become an orator and was possessed of that gift. He once delivered in London, word an word, Wendell Phillips' lecture and masterpiece, '"'The Lost Arts."
John A. Lincoln was born in London in 1868. His mother died when he was quite young, and he went to Connecticut and made his home with his aunt. He attended the common schools there and also attended Muncon Academy in Massachusetts. He came: to Ohio and attended Kenyon College a year or two. He read law under James Wright, a very able lawyer at Worthington, Ohio, was admitted to the bar in 1886, and began the practice of law in London with his father. In 1907 he entered into partnership: with R. H. McCloud, which continued until his death. He served one term as solicitor of London, and was twice the choice of his party for the office of prosecuting attorney. He was a well-informed man'and a good trial lawyer. He had the spirit of an' orator and was forcible before court or jury. He died in June, 1915.
Robert J. Watson was born in Paint township, Madison county, Ohio, in 1872. After attending the common schools, he entered the preparatory department of the Ohio State University, and afterwards became a student of Kenyon College, at Gambier, Ohio, where he graduated in 1893. He then attended the law school of Harvard University for two years. He was admitted to the bar by the supreme court of Ohio in 1898. Diligent study and hard intellectual efforts weakened his delicate constitution, and, lingering, he died on April 138, 1899. He was brilliant and gave promise of a successful career.
Cilton Howard Stoll was born in Somerford township, Madison county, Ohio, August 1, 1875. He attended the common schools and taught school several years; was a student at the Ohio Northern University, at Ada, for some time, where he began the study of law. He then read law under the instruction of Bruce P. Jones, of London, was admitted to the bar in 1902. and at once began the practice of law in London. He was honest, careful and laborious. At the time of his death, March 20, 1914, he was acting solicitor for the village of London. :
Samuel F. Marsh was born in Union county, Ohio, in 1843. He received .a thorough early 'education. He studied law under Judge Lincoln at: London, and was admitted to the bar in 1867. He soon afterward married a daughter of R. A. Harrison, and at once entered into partnership with him in the practice of law, which continued until a short time before the death of Mr. Marsh in 1896. He was a learned man and accurate
Fred W. Webster was born in Lorain county, Ohio. He graduated at Oberlin College, _ and, after his admission to the bar, located in London, about 1882, where he practiced law for several years, and returned to Oberlin, where he died in 1912.
Samuel P. Wilson was born in Jefferson township, Madison county, Ohio, in 1868. He received a good common-school education, and taught school several years. He attended the law school at Ada, Ohio, where he graduated; he was admitted to the bar in 1898, and at once began the practice of law, which he continued until his death, in October, 1912.
Guy Underwood was born in London, Ohio, in 1867, and graduated from the high school there in 1884. He taught school several years. He spent ten years in Washington, ID. C.. where he was private sécretary to Congressmen G. W. Wilson and Walter Weaver. He studied law at Columbian University, in that city, where he graduated, and was admitted to the bar' in Ohio in 1896, commencing the practice of law in London in 1902. He died in Beptember, 1915.
Madisonians By Birth, But Practiced Elsewhere
It is deemed appropriate to make mention in this chapter of the persons who were born, or reared from early childhood in Madison county, who became lawyers and practiced law elsewhere. ;
Ebenezer Erskine. Hutcheson was born in Summerford, Madison county, about the year 1830. He attended the common school in the village, and also the London academy. He was a student: in the Miami University, Oxford, Ohio, for two or three years. He studied law with R. A. Harrison, at the same time his neighbor, Lawrence Weldon, did; was admitted. to the bar in 1857, and began. the practice of. law in Cincinnati. in 1858. He was a member of the Ohio House of Representatives. from Madison county in 1856-58. He was prosecuting attorney of Hamilton county in 1861-63. He was a delegate from Ohio to the, Democratic national convention,.at Chicago. in 1864, which nominated General MeClellan for President. The train on- which Mr. Hutcheson and the delegates from Cincinnati were traveling had a collision near Chicago and Mr. Hutcheson was among the injured... He was brought back: to Cincinnati, where he died soon afterward from the injury. He was a brilliant man, a keen lawyer and successful politician. His early denuth cut:short a promising career..-
Lawrence Weldon was born in Zanesville, Ohio, aists 9, 1829. He came to Madison county with his family when a child and resided at Summerford until he became a resident of Illinois. He attended the country schools of Madison county and the academy at London, and spent one year at Wittenberg College at Springfield. He read law with Hon. Richard A. Harrison in London. In 1854 he moved to Clinton, Illinois, where a number of Madison county people were living, and commenced the practice of law. He had always been a Democrat and soon was introduced to Senator Stephen A. Douglas, being one of the latter's followers in the then exciting Kansas-Nebraska-bill agitation. He was introduced to Mr. Lincoln by Senator Douglas. That introduction ripened into an intimate political and personal friendship that continued until Mr. Lincoln's death. He "rode the circuit" of the old eighth judicial district, of which Judge David Davis was the circuit judge, with Mr. Lincoln, and other lawyers, many of whom became distinguished in their profession.
In 1860, he -was elected a member of the House of Hopieaeatalives of the state of Illinois and served in that body during the session of 1861. His name occupied an unique position on the Republican ticket at the election in 1868, appearing in two places, once as a candidate for presidential elector for his congressional district, and again as a candidate for the state legislature. and was elected in both instances. IWresident Lincoln, at the close of the session of the Legislature, appointed him United States district attorney for the southern district of Lllinois, the district comprising the whole southern half of the state. He continued to hold that position until 1866, when President Johnson removed him for what is now known as "offensive partisanship." 'In 1867 he moved from Clinton to Bloomington, Ilinois, and practiced law there until 1883, when he was appointed by President Arthur a justice of the United Stetes court of claims, and went to Washington to assume the duties of that office. He continued to make his home in Bloomington, returning during the vacations of the court. He served for a period of more than twenty years and died in the city of Washington, April 10, 1905, in the seventysixth year of his age. Mr. Weldon was one of the most able and distinguished intellectual products of Madison county, a superb orator, splendid lawyer and upright judge.
Robert Hutcheson was born in Somerford township, Madison county, Ohio, about 1835. He attended the village school and the London Academy. He studied law under the instruction of R. A. Harrison and was admitted to the bar in 1857. He practiced law in London for about five years. He represented this county in the General Assembly of Ohio in 1860-62. On the expiration of his term he located in New Orleans and practiced law there, and was some time afterward appointed attorney-general of Louisiana. Afterward he located in Washington, D. C., where he practiced law until his death there, in 19035. He was a brother of Ebenezer Hutcheson, above mentioned. Robert was a very bright man and a fine speaker.
Joseph R. Lewis was born in London, Ohio, September 17, 1829. He received his early education in the common schools and the London Academy. He taught school several terms and read law under R. A. Harrison, being admitted to the bar in 1854. He then located in Iowa and practiced law there until 1869, when he was appointed by President Grant territorial judge of Idaho. He served in that position until 1873, when he was appointed by President Grant associate justice of the territory of Washington. He resigned that position in 1880, and resumed the practice of law in Seattle. He at. once became an active and influential citizen of that growing city. He was president. of the first Board of Trade; founded a bank and became connected with large and .successful business enterprises. He retired from .business life and lived for several years in Los Angeles, California, where he died on March 19. 1911. Judge Lewis was a self-made man. .He acquired knowledge rapidly and applied it correctly. . He always had a keen appreciation of the place of his nativity. His father, Col. Phillip Lewis, was one of the early and distinguished pioneers of. the county, having served as sheriff, county commissioner, representative and state senator several terms. Paani bs
Darius B. Warner was born in London, Ohio, in March, 1831. He was educated in the village schools and the London Academy. He read law under the tutorship of his -brother-in-law. Hon. R. A. Harrison, and, being admitted to the bar about. 1855, practiced law with Mr. Harrison a few years. Early in the spring of 1862,. he recruited and formed a company of volunteers for service in: the Civil War, and was elected captain by the company. In August, 1862, this company. was mustered into the United States service as Company A, One Hundred and- Thirteenth Ohio Volunteer Infantry, and Toland Jones was commissioned captain. On September 8, 1862, Captain Warner was appointed major of the. regiment. and was promoted to Lieutenant-Colonel in April, 1863. At the battle of Kenesaw Mountain, June 27, 1864, he lost his right. arm., He was promoted to Colonel of the Regiment February 23, 1865, and eget June:6, 1868, on account of the wound received at Kenesaw. «| : ree
He was appointed by President Grant, United States estan at St. SHRINE Brunswick. and held the position under two or three presidents.. After his. retirement from that service, he engaged in business in St. Johns and has since resided .in that, eity.
William Vincent Allen was born in Midway, Madison county, Ohio, January 28, 1847. For a while he attended the village schools there. In 1857 the family moved to lowa. He-was educated in the common schools and attended the University at Lafayette for a time. He was a private soldier in Company K, Thirty-Second Iowa Volunteer Infantry during the Civil War, during the last five months of which he was on the staff of General Gilbert.
After the war he read law under R. A. Harrison. was admitted to the bar in 1869, and practiced law in Iowa until 1884, when he moved to Nebraska, and practiced law there until 1891, when he was elected judge of the ninth district of Nebraska. He was elected, in 1898, United States senator from Nebraska to succeed Senator Poddock and served the full term of six years. In 1869 he was appointed United States senator from Nebraska to fill the vacancy caused by the death of Senator Haywood. He has the distinction of having made the longest. speech ever delivered in either house of Congress. It was on the free-silver question and occupied four days - October 7-11, 1893. In legislative parlance, it was a speech "against time." He is the only Madison county boy who ever became a United States senator. He resides in Nebraska and' is one of the best lawyers in that state. ,
David Kemper Watson was born in Range township, Madison county, Ohio, June 18, 1849. He attended the country schools and was prepared to enter college by the Rev. C. W. Finley, of London, Ohio. He entered the freshman class of the Ohio Wesleyan University in 1866, where he was a student one year, and then entered Dickinson College, Carlisle, Pennsylvania, graduating from there in the class of 1871. He read law with Wilson & Durflinger one year at London, a short time with Mitchell & Watson at Columbus, and then entered the law school of Boston University, graduating in the class of 1873. In the fall of 1873 he married Louie H. Harrison, a daughter of Hon. R. A. Harrison. He practiced law in London a short time, as a member of the firm of Harrison, Marsh & Watson. He located in Columbus in 1876 and has resided and practiced law there ever since. In 1883 he was appointed by President Arthur, assistant United States district attorney for the southern district of Ohio. In 1887 he was elected attorney-general of Ohio, and was reelected in 1894, serving two terms. In 1894 he was elected a member of Congress from the twelfth district of Ohio. and served one term. Mr. Watson is the author of "History of American Coinage,' a textbook in' Harvard University. In 1910 he published his work on "The Constitution of the United States" in two large volumes, a standard authority on the history and construction of that instrument. He has frequently delivered his address on "Lincoln as a Lawyer."
DeWitt Clinton Jones was born in Paint township, Madison county, Ohio, September 5, 1848, his mother's twenty-eighth birthday: He attended the district school at Newport until he was seventeen and then taught school one term. He entered the freshman class of the Ohio Wesleyan University in the fall of 1866, and is a graduate of that institution of the class of 1870. He then began the study of law in the office of Chauncey N. Olds, a leader of the Columbus bar. He was 'admitted to the bar in 1872 and at once began the practice of his profession in Columbus. In 1876 he wus elected a member of the city council and served one term. In 1886 Mr. Jones was appointed by President Cleveland, postmaster of the city of Columbus and served four years. Soon after his term as postmaster expired, he became editor-in-chief of The Press Post, a daily newspaper published in Columbus, which position he held for seven years. He then renewed and continues the practice of law.
'George D. Jones was born in Paint township. Madison county, Ohio, in 1857. After receiving a common-school education, he was instructed in Greek and Latin, higher mathematics and science by able private tutors. He read law with R. A. Harrison and also with Judge J. R. Swan, in Columbus; was admitted to the bar in 1879, and at once began to practice law in Columbus. He has been a member of the board of education president of the city council, city solicitor, director of law in the board of public service, and in 1914 was elected representative from Franklin county to the present General Assembly of Ohio. He is a brother of D. W. GC. Jones, above mentioned.
Scott Bonham was born at Midway, Madison county, Ohio, January 25, 1853. - His early education was gained in the school of his native town, and in 1882 he graduated at- the Ohio Wesleyan University at Delaware. For a year after finishing his college course Mr. Bonham taught in the school at West Unity, Ohio. His ambition was along 1egal lines, and he attended the school of law in the University of Virginia, taking his degree, however, in 1885, at the Cincinnati Law School. While in college, Mr. Bonham 'developed into a skilled debater, an accomplishment which he used to advantage in later years. In 1893 he was admitted to practice in the United States court. For nine years Mr. Bonham was.a member of the board of legislation in Cincinnati. He was elected to that: body, which afterward became the city' council, in 1891, and served until 1900. He was an energetic and faithful member of the board, and he often developed symptoms of insurgency, which the leaders were not able to control. He served two terms as president of the. board. He was a leading member of the once famous Lincoln Club. -He was the most prominent spirit in the Stamina Republican League, and :was twice president of the Ohio Republican Club. Mr. Bonham was a member of the Second Cincinnati Cavalry Troop and president of the Cincinnati Cavalry Club. ° He attained distinction as a Mason, becoming a member of the order in 1879. He died at Cincinnati,, November 1, 1915, and was buried at London, Ohio. Si
Perry Arthur Roach was born in Galiin county, Ohio, November 27, 1863, but came to Sedalia, Madison county, with his parents in December of that year. He attended the Sedalia schools, afterward read law with Mayo .& Freeman, of Chillicothe, and attended the Cincinnati Law School. from which he graduated, and was admitted to the bar in 1889. He then began the practice of law in Columbus, and is still. se engaged. He was justice in the four courts of that city for six years.
tewnship, Madison county, Ohio, with his parents when he was about one year old. He attended the common schools until he was nineteen,..and attended the.,London high school for some time and the normal school at Worthington, Ohio. He taught school several years, was a student at the Northwestern University at Ada, Ohio, for two years; read law with Wilson & Durflinger at London; was admitted to the bar in 1886, and began the practice of law in London. In 1893 he removed to Columbus, Ohio, and has been in the practice of law there since. He was assistant city solicitor of that city, 1912-14. : Harford Aquilla Toland was born in London, Ohio, August 12,-1875. He attended the schools in London and graduated from the high school. He attended Dennison University at Granville, Ohio, two years. He enlisted in Company BE, Third Ohio Volunteer Infantry, in the Spanish-American War and served as corporal until the company was discharged, October 26, 1898. He then entered the law school of the Ohio State University, graduated from that institution in 1901, and was admitted to the bar at the same time. He at once began to practice law in Columbus and is now so engaged.
_ Marshall J. Sanford was born in Monroe township, Madison county, Ohio, in December, 1856. He received his early education in the district schools and taught. school several years in Ohio and Tennessee. He attended the celebrated: normal school at Lebanon, Ohio, and graduated there in. 1883. He also read law there and after his graduation, and was admitted to the bar.in 1885. He then located in Lima, Ohio, and has been engaged in the practice of. law there until the present time.
Homer E. Johnson was born in Jefferson township, Madison county in 1879, and wis educated in the public schools of that township. -He taught school several years. He attended the Ohio Northern University, where he graduated in the classical course; began the study of law, and was admitted to the bar in 1903. He then located in Marion, Ohio, to practice law. He was elected prosecuting attorney of that county in 1912, re-elected in 1914, and is the present incumbent.
Howard C. Black was born in Plain City, Madison county, Ohio. He attended the Ohio State University and read law under Thomas EH. Powell, of Columbus. He was udmitted to the bar in 1887 and began to practice law in Plain City. A few years Jater he located in Ottumwa, Iowa, where he now resides.
George H. Hamilton was born in Midway, Madison county, Ohio. He taught school several years; studied law with Judge Badger; was admitted to the bar in 1881, und began to practice law in London. He was mayor of London two terms. In 1893 he located in the state of Washington, where he is engaged in the practice of law.
John Dineen was born in:Paint township, Mudison county, Ohio. He attended the London high school, and the Cincinnati Law School, where he graduated in 1909, und was admitted to the bar at the same time. He practices law in Dayton, Ohio.
John M. Markley was born in Somerford township, Madison county, Ohio, in 1852. He taught school several terms; attended the law school of the University of Michigan; was admitted to the bar in 1888, and located in Indianapolis. Indiana, where he now resides.
Living Resident Attorneys
Bruce Paul Jones is now the nestor of the Madison county bar. He was born in London, Ohio, May 9, 1848. His father, with his family, soon afterward settled on his farm about three miles east of London. Here Mr. Jones attended the common school in the neighborhood and also the London Academy. He afterward entered the Miami University at Oxford, Ohio, and graduated in the classical course there in 1868. He then began the study of Jaw under John C. McCloud and was admitted to the bar in 1870. He then went to Ottawa, Kansas, where he began the practice of law, and remained there five years, during which time he filled the office of city attorney and police judge, and was editor of the Ottawa Times, the leading newspaper of that city. In 1875 he returned to London to practice Jaw. In 1879 he was elected mayor of-London, which office he held until 1882. He was elected prosecuting attorney of Madison county in ISS4. and re-elected in 1886, his second term expiring in January, 1889. He was city solicitor of London three terms. The degree of Master of Arts was conferred upon him by Miami University in 1887. He is a member of the Miami chapter of the Phi Beta Kappa society. a distinguished Greek-letter fraternity.
John Fletcher Locke, the next oldest member of the bar, was born in Somerford township. August 12, 1847. He attended the common schools and entered the Ohio Wesleyan University in the fall of 1865, being an alumnus of the college of the class of 1870. He then read Jaw under the tutorship of R. A. Harrison for two years, and was admitted to the bar in 1872. He then began the practice of law in London and has continued in the practice to the present time. He was elected city solicitor of London in 1873. In 1875 he was elected mayor to fill a vacancy caused by the resignation of John Jones and served as mayor one year. In 1878 he was elected prosecuting attorney of this county. and was re-elected in 1878. In 1879 he was elected representative from this county to the General Assembly and. re-elected in 1881. He was again elected representative in 1893. He is thus far the only man elected to the General Assembly three terms from this county. In June, 1898, he volunteered as a United States soldier in the Spanish-American War, and served as captain of Company H, Third Ohio Volunteer Infantry, until the company was discharged, October 26, 1898.
Richard Harrison McCloud was born in London in 1858. He attended school in the Village and graduated from the London high school in 1875. He attended the Ohio State University two years, and read law with his father, John ©. McCloud: he was admitted to the bar in 1879, at once began the practice of law in London, and has continued in the practice to the present time. He has served several terms as a member of the board of education of London. Never desiring office, he has for years been a member of the Republican state central committee from this congressional district.
Michael Sylvester Murray was born on January 1, 1856, in Stokes township, Madison county, Ohio. After receiving a common-school education in the country, he attended the normal school at Lebanon, Ohio, under the instruction of the celebrated educator, Doctor Holbrook, for two years. He taught school for several terms, studied law with Judge Badger in London and was admitted to the bar in 1884. He at once began the practice of Jaw here and is still -an active lawyer.
Albert T. Cordray was born in Tuscarawas county, Ohio, in 1861. He lost his father at the battle of Chickamauga in 1868. He received his early schooling in New Philadelphia, Ohio, and taught school for several years. He attended Doctor Holbrook's normal college, at. Lebanon, Ohio, where he graduated in 1883. He taught the grammar school in Mt. Sterling, Ohio, two years, and was superintendent of the high school there two years. He studied law privately, while teaching, and in 1891 was admitted to the bar, beginning the practice of law in London. He was elected and served two terms, 1903-07, as mayor of London.
Peyton Randolph Emery was born in Range township, Madison county, Ohio, in 1867. He attended the country school and the London high school, from which he graduated in the class of 1888. He read law with Judge Durflinger in London and Judge Alsberry in Columbus. He attended the Ohio Wesleyan University two years, and, afterward, the law school of the Ohio State University, from which he graduated in 1893, being admitted to the bar at the same time. He then formed a partnership with Mr. Durflinger, which continued until the latter's election as judge, when he became ") member of the law firm of Murray & Emery. He served as first lieutenant of Company E, Third Ohio Volunteer Infantry, in the Spanish-American War, until the close of the war.
Cary Jones was born in Fayette county, Ohio, in 1862. He attended the common schools and worked upon his father's farm. He graduated at Buchtel College, Akron, Ohio, and at the Cincinnati Law School in 1889, being admitted to the bar at the same time. He at once located in London and began the practice of law. He was elected prosecuting attorney of this .county in 1894 and re-elected. in. 1897. During his two terms as prosecuting attorney it became his unpleasant duty to try more cases on the charge of murder and manslaughter than all his predecessors for more than twenty years. K
Cyrus R, Hornbeck was born in this county, near the Faw state fish hatenety! in 1858. He attended the common schools and worked on the farm until nearing manhood. He taught school several terms. He came to London and -was justice of the peace six years, during which time he studied law, and was admitted to the bar. He was elected prosecuting attorney in 1900 and re-elected in 1908.
James Finley Bell was born in Oak Run township, Madison county, Ohio, in 1872. He attended the common schools and taught school several years. He graduated from Pearson's Business College. Columbus, and then studied law at the Ohio State Univer- sity, from which he graduated in 1899, and was admitted to the bar at the same time. He began the practice of law in London, in 1900. He was elected mayor of London and served one term, 1908-09. He was elected prosecuting attorney of Madison county and served one term, 1911-12. He was for some time acting city solicitor and legal advisor for the village of London, being appointed by the village council.
Harford Bennett Welsh was born in Paint township, Madison county, Ohio, August 12, 1878. He attended the country schools until he was twelve years old. His parents removed to Washington C. H. in 1890 and he attended the high school there, graduating in the class of 1896. He attended the Ohio State University and graduated in 1900; was admitted to the bar in 1901 and at once began the practice of law in London, He was elected prosecuting attorney of Madison county in 1906 and served two terms, until January, 1911. ;
Edward Woodward Johnson was born in Jefferson township, Madison county, Ohio, October 27, 1876. He attended the public schools until he was sixteen, and then taught school for three years. He went to Ohio Northern University at Ada, Ohio, and graduated there in 1898, with degree of Bachelor of Arts. He studied law at Ada until 1903. when he graduated and was admitted to the bar the same year. He then began the practice of Jaw in Madison county. In 1911 he was elected a delegate from Madison county to the constitutional convention of 1912, and served as a member of that convention, which framed the present constitution of Ohio, which was adopted by a vote of the people, September 38, 1912.
Charles C. Crabbe was born in Range township, Madison county,. in 1878, and received his early education in the public schools of Fairfield township. He taught school seven years in Madison county. He attended the law school at Ohio Northern University, and was admitted to the bar in 1904, at once locating in London to practice law. He was elected prosecuting attorney of this county in 1912, re-elected in 1914, and is the present incumbent. He is also city solicitor of London, being appointed by the council. :
Leo Holland was born in Vinton. county, Ohio, in 1857; came to London with his parents when he was about a year old; attended the Catholic school in London and St. Mary's College at Dayton, where he graduated in 1897. He then attended the Ohio State University one year and Notre Dame University at South Bend, and when he graduated, in 1900, attended Harvard Law School one year, being admitted to the bar in 1901. He began the practice of law with Steven & Steel in. Columbus, and located in London, to practice law, in 1905. He has been city solicitor two terms.
J. E. Strayer was born in Logan county, Ohio, in 1879. He was reared on a farm, attended the common school and graduated at the DeGraff high school in 1900. He then attended the Ohio State University and graduated from the law school. there in 1905, when he was admitted to the bar; he located in Plain City, in this county, and has practiced law there since. He has served as clerk of the village and clerk of the township. ;
In later years other prominent and able lawyers have appeared in the trial of cases in the courts of Madison county. George K. Nash, of Columbus, afterward governor of Ohio; Col. J. T. Holmes, Cyrus Huling, Henry .Gumble, Joseph H. Dyer. Chauncy: N. Olds, 'Thomas E. Powell, Thomas E. Keating, Henry J. Booth, and ex-Attorney-General Timothy S. Hogan, of Columbus; Samuel A. Bowman, George Rawlins, Thomas J. Pringle, Eldin Bowman, Horace Stafford and James G. Johnson, of Springfield; James J. Winans and Charles Darlington, of Xenia; William P. Ried, of Delaware; D. W. Ayers, of Marysville; Gen. E. B. Finley, of Bucyrus; Mills Gardner and John A. Logan, of Washington C. H.; Henry F. Page and I. N. Abernathy, of Circle-
Probate Judge
The office of probate judge was created by the seventh section of article IV of the Constitution of 1851, and the first election was held to fill said office on the second Tuesday in October, 1851, the official-term to be three years. This is a court of record in the fullest sense, and belongs to that class whose records import absolute verity, that are competent to decide on their own jurisdiction, and to exercise it to final judgment without setting forth the facts and evidence on which it is rendered. The probate judge has jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators and guardians, also such other jurisdiction in any county as may be provided by law. Nathan Bond was the first to hold this office in Madison county, serving from 1852 until February, 1858; he was succeeded by B. F. Clark who served from February, 1858, until February, 1864; 1864-76, J. H. Kennedy; 1876-1894, Oliver P. Crabb: 1894-1901, J. L. Haner; 1901-1907, John M. Boyer; 1907-1913, John W. Tanner; since Kebruary 9, 1913, Frank J. Murray.
Prosecuting Attorneys
The court appointed the prosecuting attorney until January 29, 1833, when a law was enacted providing for his election biennially, vacancies to be filled by the court. Under this law, the appointments were made for an indefinite length of time.- No pretensions were made to regularity and, while some served for one term, cthers held the position for several years. The following persons have filled this office: 1810-14, Ralph Osborn, Circleville; 1815-17, Richard Douglas, Chillicothe; 1815, June term, Caleb Atwater, Circleville; 1816, September term, John R. Parish, Columbus, and G. W. Doan, Circleville; 1817. September term, David Scott,.Columbus; 1817-19, John R. Parish; 1820, James Cooley, Urbana, and A. D. Van Horn, who was.the first resident attorney of London; 1821-22, Patrick G.. Goode, who was the second resident attorney of London; 1822, October term, G. W..Jewett, Springfield ; 1822-23, Caleb Atwater; 1823-24, Joshua Folsom, Circleville: 1825-36, Samuel N. Kerr, third resident attorney of London; 1837-38, Isaac N. Jones, London; 1838, March and May special terms. James L. Torbert, Springfield; 1839- 40, Samuel N. Kerr; 1841-46, Henry W. Smith; 1847-51, Zelot -T. Fisher; 1852-53, James F. Freeman; 1854-55, James S. Jones; 1856-57, Henry W. Smith; 1858, March term, John L. McCormack ;. 1858-60, John R. Montgomery: 1861-62, Henry W. Smith; 1865-64, George Lincoln; 1865-66, Henry W. Smith; 1867-70, George W. Wilson; 1871-74, Sylvester W. Durflinger; 1875-76, John J. Bell; 1877-79, John F. Locke, who resigned and Martin O'Donnell was appointed to fill the unexpired term; 1881-82, P. C. Smith; 1883-86. D. C. Badger; 1886-89, B. P. Jones; 1889-92, Corwin Locke: 1892-98. Cary Jones ;. 1898-1904, C. R. Hornbeck: 1904-10. H. B. Welsh: 1910-13. James F. Bell: since January, 1918, C. C. Crabbe.
'The offices of clerk for the court of common pleys and clerk for the supreme court. were separate and. distinctive appointments until the adoption of the Constitution in 1852. Each court appointed its own clerk for the term.of seven years; but, in Madison county. as in many other counties in the state, the two appointments were always given to ine same individual. Under the constitution of 1851 the district court was created and the supreme court established permanently at Columbus.- The election of one clerk was provided for, to serve the court of common pleas and the district court. whose official term was fixed at three years. There have been fewer men elected to this office than any. other in Madison county, one, A. A. Hume, having held the position for the unprecedented period of forty-one years. From 1810, until June 19, 1815, Robert Hume held the office of clerk, resigning on the latter date. He was succeeded by John Moore, who served until his death, June 27, 1839. James F. Freeman was appointed as third clerk, serving until May, 1841, at that time A. A. Hume took over the duties of the office. Mr. Hume was re-appointed under the old constitution and re-elected continuously under the new until February, 1882. Later are, 1882-85, BE. W. McCormack; H. N. Blair, 1885, until he was removed, on November 21, 1887, on account of irregularities in the affairs of his offices J. M. Warner, appointed by the county commissioners, November 21, 1887, and served the unexpired term of Blair, ending January, 1888; M. F. Dunn, January, 1888, until the first Monday in August, 1894 (his term of office expired February 9, 1894, but he was appointed by the county commissioners to fill the office until the following August on account of an extension of term); C. E. Arbuckle, 1894-1900; G. W. Crabbe, 1900- 1906; Samuel P. McCollum, 1906-1911; John H. Foster, 1911-1915; Wilbert D. Hume, 'since August, 2, 1915. SHERIFFS.
The office of sheriff for the counties of the state of Ohio was adopted from the statutes of the older states, under the territorial laws, passed at Marietta, in 1788. The office was appointive until April 3, 1808, at which time an act was passed providing for an election every two years. The following is a list of men who have filled the office in Madison county since its organization: 1810-18, John Moore; 1813-14, James Ballard; 1815-16, Philip Lewis; 1816-18, James Ballard; 1818-19, William Ware; 1819-24, Nathan 'Bond ; 1825-26, Stephen Moore; 1827-30, Henry Warner; 1831-34, William Warner; 1835- 36, J. Q. Lottspiech; 1837-40, William Warner; 1841-42, William T. Davidson; 1843-44, Stephen Moore; 1845-46, William Warner; 1847-48, John Jones; 1849, William Squires, who left the county and the office was filled in 1850 by George W. Lohr, coroner; 1851-52, William Warner; 1853-56, Hdward McCormick ; 1857, William Smith, who left the county in 1858, and the coroner, Calvin Newcomb, served out the term; 1859-62, W. S. Shepherd; 1863, Calvin Newcomb, who died in office; 1864-65, Robert Withrow ; 1866-69, B. H. Lewis; 1870-73, Henry T. Strawbridge; 1874-77, E. R. Florence; 1878-81, William Jones; 1882-86, John F. Johnston; 1886-90, John T. Vent; 1890-94, Benjamin Emery; 1894-98, J. Scott Chenoweth; 1898-1902, E. S. Gordin; 1902-06, C. A. Wilson; 1906-08, M. E. Hummel (resigned January 1, 1908. in order to avoid a conflict with the state Constitution regarding the length of time a person might hold the office. His son, Claude Z., was appointed by the commissioners to the office and held it from January 1, 1908, to January b 1909. M. 'E. Hummel was elected a second time to the office in November, 1908, and held the
As shorthand, writing is an important and necessary. adjunct and assistance in the proc eedings of our courts and the administration of justice, a few words about it is thought to be of interest. In early times, memoranda of the testimony and charge of the court inva trial or legal proceedings were laboriously written in long hand. Bills of exceptions were agreed 'to by the attorneys and court, containing the substance. in brief, of ie 'evidence and charge of the court.
"While shorthand writing, or stenography, is as old 'as the time of Queen Klizabeth, its tise' 'in the courts of this country is very modern - being first used in the fifties. , poy it every word of testimony, charge of the court, and the arguments of counsel is accurately taken and can be correctly reduced to writing. It is a great saving of time and inbor' in making up the record of a trial.
For a long time, stenographers were used and employed by the party to the suit, who desired, and sometimes by both parties. It was not until 1888 that the General Assembly empowered courts to appoint official ASS ag and then, only in the larger counties of the state.
.Manus O'Donnell, a lawyer, but not a practitioner, an expert stenographer, acted as court stenographer for several years in our courts. He was employed by the parties, paid by them, or by the county when employed in a state ease.
By an act of the General Assembly passed in March, 1894, provision was made for the appointment of an oflicial stenographer for Madison county. The powers and duties were the same as have been provided in the 'authorizing the appointment of stenographers in the larger counties. Afterwards, in 1904, the General Assembly passed aun act providing for the appointment of stenographers in all the counties of the state, and the act elating to Madison county was repealed. : oe
Court stenographers have an office in the court house. Their term is three' years. The salary is fixed by the court which appoints them. 'he shorthand notes taken in a case are kept on file in that office. They have power to administer oaths, take depositions and act as referees. The office is one of responsibility and trust. The court stenographer must not only be competent and expert, but possess strict integrity and a keen sense of propriety.
Miss Rose Murray was the first person to hold the office of official stenographer in this county, being appointed in 1894. She is a native of Madison county and was edueated in the common schools. She was a very expert and accurate reporter. She held the position until November, 19038, when she resigned to accept a similar position offered her in Pickaway county. She was court stenographer for that county until March, 1912, when, on account of her exceptional ability, she was appointed stenographer for the industrial commission of the state of Ohio, which position she now holds.
In November, 1903, Miss Sue Murray (now Mrs. J. E. Boland) was appointed official stenographer to succeed her sister, which position she still fills. She was born in this county and attended the public schools of the county and also the normal school at Valparaiso, Indiana. She was employed in the printing office of the Madison County Democrat for five years and also in the law office of McCloud & Converse for five years. This experience was an education and of great advantage to her in her present profes-
It is worth noting that no person has ever been found guilty of murder in the first degree, by a jury, or sentenced to be executed by a judge in Madison county since its organization, although a number of persons have been tried in her courts charged with the crime of murder. At the May term, 1913, one James Thomas was tried before Judge Curtain and a jury on an indictment charging murder in the first degree. The jury found his "Guilty as charged in the indictment, " but recommended merey. Under the law in such cases, he could be sentenced for life only, which was done.
The prisoner now serving the longest continuous period of time in the Ohio penitentiary is John Tracy, who was tried in August, 1883, at London, before a jury and Judge Eli P. Evans, on an indictment for murder in the first degree. His defense was insanity. The verdict was "Guilty of murder in the second degree," and he was sentenced for life, Efforts have been made to secure a reprieve and pardon, but without success.
The largest verdict and judgment ever rendered in the county was for $250,340, in a ease tried in the probate court of this county before Judge Frank J. Murray anda jury, in January, 1914. The case was a proceeding brought by the state of Ohio against
John Ellsworth and Minerva Hardin to appropriate about one thousand five hundred acres of their lands near London for the purpose of locating a new penitentiary thereon. The amount of the verdict was paid by the state into court, deeds duly made for the lands. the state took possession and the new penitentiary is being constructed thereon.
The smallest verdict and judgment in the court of common pleas in the county was for one cent, in a case tried before Judge Abernathy and a jury, at the February term, 1490. One Arthur Stutson brought a suit against the judges of election of the village of Jefferson in this county, for wilfully refusing to accept his ballot offered at a certain election held in that village, to his damage in the sum of five thousand dollars. The defendants paid the judgment and costs, amounting to one hundred and sixty-three. dollars and thirty cents.
The first grand jury empaneled in Madison county, in 1810, held its session in a hazel brush thicket. on what is now the Guynn farm. The last grand jury (1915) met in a palace. with telephones, electric lights, marble floors and all up-to-date appointments.
Provenance
Text from History of Madison County Ohio, published 1915, in the public domain in the United States and digitised by the Internet Archive.