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Noble County, Ohio - Chapter 12: The Legal Pkofessiox, 1887

From History of Noble County, Ohio : with Portraits and Biographical Sketches of Some of Its Pioneers and Prominent Men : Illustrated, published 1887. 8,466 words, reproduced complete and unedited. Source changes inside the text are labelled in place.

Contents

5 sections

The section headings the book prints inside this chapter. Each one jumps to where it begins.

The text

8,466 words

Machine-read from scans of History of Noble County, Ohio : with Portraits and Biographical Sketches of Some of Its Pioneers and Prominent Men : Illustrated, published 1887. 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.

Chapter 12: The Legal Pkofessiox

FrnsT Term of Common Pleas Court in Noble County - Held at Olive in April, 1851 - The Business Accomplished - Other Early Terms of Court - Associate Judges - Courts at Sarahsville and Caldwell - Noble County Bar - The Lawyers Prior to 1851 - Lawyers of Later Years - Hon. Isaac Parrisii - Jabez Bklford - Edward A. Bratton and Other Sarahsville Lawyers - Wn.- LiAM Priestly - Irwin G. Dudley - Hon. William H. Frazier - William C. Okey - Biographies and Sketches - Benjamin F. SPRiocis - D. S. Spriogs - James S. Foreman - Judge D. S. Gibbs- Hon. J. M. Dalzell - William Chambkks - John M. Amos - McGinnis & Weems - C. M. Watson - Young Lawyers.

THE first courts of the county were held at Olive, while the question as to the future location of the seat of justice was still unsettled. The earliest existing journal of the court of common pleas opens as follows :

"Minutes of a court of common plejis held at the office of Robert McKee in the town of Olive, in the County of Noble, in the State of Ohio. ^

Be it remembered that on tlie fii'st day of April, A. D. 1851, William Smith, Oilman Dudley and Patrick Finley, Esquires, produced commissions from his excellency, Eeuben Wood, governor of Ohio, appointing each of them associate judges of the court of common pleas of Noble County ; also certificates on their several commissions that they and each of them had taken the oath of allegiance and office. Whereupon a court of common pleas was holden for the County of Noble on the 1st of April 1851, at the office of Robert McKee, in the Town of Olive in the said County of Noble: present, the lion. William Smith, Oilman Dudley and Patrick Finley, associate judges of said county.

^^Appointment of Clerk. - It is ordered by the court that Isaac Q Morris be appointed clerk of this court until the next term thereof. Thereupon the said Isaac Q. Morris appeared and gave bond accoixling to law, and gave the necessary oath of office.

" Ordered that the couit of common pleas and the supreme court in and for the County of Noble be held at the Methodist meeting house at Olive in Noble County until the permanent seat of justice of Noble County be fixed according to law.

The Legal Profession

duties, tlie office being abolished with the adoption of the constitution of 1851-2. At the second term of court in Noble County, which began at Olive on the 19th of June, 1851, Hon. Archibald G. Brown, a judge of the eighth judicial district presided. There were also present the associate judges Smith, Dudley and Finley ; the clerk, Isaac Q. Morris, and the sheriff, Joseph C. Schofield. No grand jury was impaneled at this terra. The court of common pleas, prior to the establishment of the probate court in 1852, held jurisdiction in probate matters, and during this session a large amount of probate business was transacted. Elections for justices of the peace were ordered in several of the townships of the county. William Reed, Benjamin L. Mott and Benjamin IB. Spriggs were appointed school examiners for the term of three years; Jabez Belford's bond as prosecuting attorney was accepted, and " ' thereujK)n appeared in open court,' the said Jabez Belford, and took the requisite oath of office." David Green was appointed administrator of the estate of Clark Green, deceased ; James Best, hitherto a subject of Queen Victoria, came forward and declared his intention of becoming a citizen of the United States; Luke S. Dilley, of Sarahsville, and James McCune, of Olive were appointed county auctioneers ; two appealed cases were now suited, the plaintiffs being non-residents of the county. The report of the commission locating the county seat was ordered placed on the minutes of the court, and the protests against the action of the commission were filed. These matters, with some probate business occupied the attention of the court during the first day. Court adjourned on Saturday, the 21st of June, after a brief, but busy session. The prosecuting attorney was allowed $25 for his services during the term, and $50 for the next, or November term.

Three cases were disposed of : William S.Burt vs. Levi Itahus - an action of assumpsit to recover $85.90 on a promissory note. The defendant confessed judgment, $87.61 and costs.

John Liming vs. Absalom Willey ; action on an appeal from the Morgan (bounty common pleas court, September term, 1850; for fraudulence in^^iorse trade. On this case a special jury, the first in Noble County, was impaneled, who found Willey guilty and awarded the plaintiff $13.33 - the costs to be recovered of the defendant. The jury was composed of Benjamin Tilton, Simeon Blake, Samuel Marquis, Jacob Crow, John Mitchell, William Tracy, William J. Young, David McGarry, John Mc- Garry, Dr. David McGarry, W. F. Mclntyre, and Jacob Fogle.

George Willey vs. James Ilellyer and Benjamin Lyons. This was also an appealed case from the Morgan County common pleas court. The action Avas for trespass, in cutting wheat on the plaintiff's land. The <lefendants were adjudged not guilty.

a subject of the government of Hesse Cassel. Several others filed their in tentions to become citizens. A number of tavern licenses were grante<l at $2 each.

The Xovember term of court, 1851, begfin at Sarahsville on Monday, the lOtli, lasted until Saturday. The , presiding judge, Hon. A. G. Brown ! was present only during the first day, the record for the remainder of the week being signed by William Smith, presiding associate judge. At this term the following grand jury was impaneled and sworn : William Parrish, foreman; Timothy Smith, Henry Enochs, George Gibson, Frederick Spencer, John A. Stevens, James Archer (of Joseph), John Buckley, William Kirkpatrick, David Delong, Elijah Fesler, John Onille, John Morrison, Julius Rueker, Amos Hughes. The grand jury was discharged on Tuesday, having returned five indictments - two for illegal voting, two for retailing spirituous liquors, and one for assault and battery.

The associate judges, in the absence of the presiding judge, found themselves, at times, considerably embarrassed, owing to their meager knowledge of the law. A " mill dam case " (that is, a case for damages to land caused by back-water from a mill-dam) Avas on trial. The lawyers got into a wrangle over the admissability of certain testimony, and the dispute waxed warm for several hours. . Finally Patrick Finley, one of the judges, became impatient; and, on an appeal being made to the bench, turned to the speaker and shouted, in his rich, Irish brogue: " Lawyers ! whoy don't ye settle the law among yersilves ? Yee's know a dale more about it than we do!"* This term of court was held in the Wesleyan Methodist Church in Sarahsville.

Another session, lasting one day, was held during the year 1851, on the 27th of December, before the associate judges, whose otticial life ended shortly after. Hon. Richard Stilhvell presided at the term w^hich began April 20, 1852.

Sarahsville continued to entertain the court and law\'ers until 1858. On the 8th of June of that year the first term of the common pleas court began at Caldwell ; ])resent, Hon. L. P. Mareh, judge ; William C. Okey, clerk, and Samuel Danford, sheritf.

Noble is the youngest county in the State. It is small, both in territory and in population ; the people are mainly farmers of a ])eaceful disposition and avei^e to litigation, consequently there has never been a large amount of legal business. Yet the county has had, and still has, a bar of more tlian average ability. Several Noble County lawyers have distinguished themselves as legislators, jurists and military officei^. In this chapter the writer has sought to include the name of every lawyer of prominence that ever resided in the county, giving biographical sketches wherever such were obtainable.

Prior to the formation of the county few representatives of the legal profession had settled within its limits. The legal business went to the parent Counties of Morgan, Guernsey, Monroe and Washington and was attended to chiefly by lawyers located at the respective county seats. Samuel McGarry and Daniel Pettay, of Sarahsville, and Jabez Belford, William M. Kain and Isaac Parrish of Sharon were the only members of the bar resident in the coimty prior to its organization.

Frimi 1851 until after the war a large part of the legal business of the county was attended to by nonresident lawyers. Prominent among these were Hon. John E. Hanna, Hon. E. E. Evans, Hon. C. B. Tompkins and Hon. F. W. Wood of McConnelsville ; Ewart & Clarke (lion. Thomas W. Ewart and Col. Melvin Clarke), of Marietta; the Messrs. lloUister, E. A. Archibald and others of Woodsfield ; Judge Xathan Evans, (ien. John Ferguson and other prominent attorneys, of Cambridge.

The organ iziition of the county in 1851 had the eflFect of inducing a number of young lawyers to come hither to try their fortunes. The local pupers of that date reveal the names of the following resident lawyers: Edward A. Bratton, John Mclritosh, Samuel W. P. Cochran (in partnei-ship with Mcintosh), Sarahsville; Jabez Belford, William M. Kain, Sharon ; R. II. Taneyhill, Olive; P. M. Merrill, Summerfield. During the next two yeai's, some of the others having in the meantime removed, the bar of the county received the following additions : William Priestly, William C. Okey, Henry Frazier, WiUiam H. Frazier, James K. Casey, J. H. Roth rock, B. F. Spriggs, M. H. Taneyhill.

Hon. Isaac Parrish

son of Edward Parrish, who bettle<l in Sharon Township in 1819, was not only the first lawyer who resided within the territory now forming Noble County, but he was also the fii'st and only resident of the county who ever held a seat in Congress. He was a man of more than ordinary ability, and was a shrewd politician. He was considered a good speaker, and during his public life delivered many public addresses in this and neighboring counties. He was enterprising and ambitious, somewhat visionary, and often impractical, but jilways thoroughly in earnest in wliatever he undertook. He wiis an early merchant in the village of Sharon and afterwards was engaged in milling business at the same place, lie projected a railroad which ultimately merged into the old '*Calico" railroad scheme, by which he and others were heavy losers. He did not devote himself closely to law practice for any long period, but bore a good reputation in his profession throughout southeastern Ohio. Istuic Parrish was bom in Belmont County in March, 1804. He was mainly self-educated. He retul law in St. Clairsville and was probably admitted to the bar there. lie ])nicticed in Guernsey, Belmont and Morgan Counties ; was elected prosecut- ing attorney at Cambridge and rose to prominence. In 1838 h^ was elected to Congress from the Eleventh <listrict, Guernsey County. He was a candidate for reelection but was defeated by Hon. Benjamin S. Cowen, of Belmont. He then removed to Morgan County and in 1844 was elected to Congress over Dr. Perley B. Johnson, the Whig nominee, after a close and exciting contest. He was active in organizing Noble County, hoping Sharon might secure the county seat. After his second term in Congress, he devoted himself mainly to milling business in Morgan and Noble Counties. In 1854 he removed to Des Moines, Iowa, where he practiced law for a time. He then went to Harrison County, Iowa, where hq died in 18<>0. He was a Democrat, an eiirnest partisan and very popular with his part\. He was genial and agreeable and readily made friends among all classes. He was married in Belmont County to Kiichel Haines, and had a family of four sons and two daughter that grew to maturity.

Jauez Bki.fori), an early and ))rom inent lawyer of Noble County, was born in Malaga, Monroe County, O., in 1820. He was brought up to hard work and had but limited opportunities for obtaining an education. His youth was spent in Hoskinsville and vicinity. He learned the bhicksmith's trade when young, but not bemg satisfied with it he sought to impi'ove his mind by reading and study, and finally began the study of law in the office of Virtulon Rich, of McConnelsville, and was admitted to the bar in 1851. He first began practice in Sharon, but removed to Sarahsville a few years' after the organization of the county. He served as the first prosecuting attorney of Noble County, and in that position achieved such success that he at once rose to prominence as a lawyer. He was afterwards elected to the same position. For several years he was the law partner of Hon. Isaac Parrish, and afterward he sustained the same relation to William C. Okey, Esq. He was a skillful and eloquent advocate, a successful lawyer and a good citizen. He removed from Sai*ahsville to Caldwell, where ho served as the first postmaster of the village. During the war he was elected as draft commissioner of the county. He was a Democrat and a partisan, but he never permitted politics to estrange friendship. He died in Caldwell, October 22, 1882. One of the local papers in an obituary, said: "* * * Without the advantage of a classical education in youth, he has long been recognized by those who knew him best, as a gentleman not only learned in the law, but possessed of a vast fund of accurate knowledge of science, history, and general literature. He was especially fond of biological reseiirch Und natural history. Seen in the court-room he appeared cold, practical and severe, but his heart was full of generous warmth an<l noble impulses." At a meeting of the Noble County bar, highly eulogistic resolutions were ])assed, at I which time Hon. W. II. Fraxiersaid;

Thk Legal Profession

"' lie was one who always did what he believed to be right, without prejudice or favor." W. C. Okey, who {x?rhaps knew him more intimately than anyone else, said : " I saw him more and knew him better than others. As a lawyer he was greatly alx)ve the average. Often when in consultation respecting tlie raerits of a case, - Is this right as between men, let this test settle the question,' as soon as thus satisfied, he became invincible in his convictions. During his last years his life seemed to be growing more symmetrical with his extensive reading and reflection." In 1843 he was married to Miss Clarrissa, daughter of Lebbens Forciyce. Slie was to him a valuable aid in his early struggles with poverty ; while he Avas engaged in his law studies she supported the family through her own efforts. Ten children were bom to them, six of whom are living. Cyrus, the eldest son, is a farmei" ; Irwin is an attorney, residing in Toledo, O. ; Richelieu follows the trade of his father ; Ethan A. is a physician in Xevada; Doni married Reuben McGlashen; Lebbens, the youngest, is a dentist.

Samuel McGarry afterwards probate judge, was a member of one of the early families in the county. Ilestudied law in McConnelsvilleand practiced there for a time. ' He located at Sarahsville, and after the establishment of the county, was connected with the editorial numagement of several of the early newspapers. He never had any great amount of law practice. lie was the first treasurer of Noble County, and

Daniel Pettay, who had been a Methodist preacher, was elected justice of the peace, and after some years in that office, was admitted to the bar. He had but little legal . business. He was a man of good sense and fair ability.

William Marcus Kain was one of the early lawyers and editors of the county. He read law under Jabez Belford, and practiced in Sharon from about 1848 until 1854. Soon after this date we find him at Sarahsville, editing a Democratic ])aper. lie was self educated and of good ability. He is now a Presbyterian minister, residing somewhere in Pennsylvania.

Edward A. Bkatton was perhaps the leader among the resident lawyers of Sarahsville in 1851 and 1852. He came from Cambridge, where he had previously practiced several yeai*s. He removed to McArthur, Vinton County in 1853.

Samuel W. P. Cochran, from Zanesville, where he had previously been in the tobacco business, after l)eing admitted to the bar, came to Sarahsville in 1851. He held the office of prosecuting attorney about two years, resigning in 1853, when E. A. Hratton was appointed in his stead. John Mcintosh, from the northern part of the State, was his law partner. Neither remained long.

town. He removed to Ciild well after the latter became the county seat, and remained until 1862, when he entered the Ninety-second Ohio Volunteer Infantry as a first lieutenant. He served through the war and in 1S04 was offered a captaincy, but declined the commission. lie did not return to Caldwell to practice law after the war. Mr. Priestly was a sound, well-]x>sted man - a good office lawyer, but not a fluent speaker.

IIknry Frazikr, a brother of Hon. W. H. Frazier, was born in Trumbull (bounty, O., Sept. 0, 1824. He received a collegiate education ; reiid law with Evans & Scott, Cambridge, ()., was admitted to the bar in the fall of 1851, and began practice at Sarahsville. He died in August of the following year. He was a young man possessed of a high order of talent, and had he lived would doubtless have made his mark in his profession. Tlie local paper spoke of him in the highest terms, and the bar passed eulogistic resolutions after his death.

Hon. William H. Frazikr is so well and favorably known to all the citizens of iS'oble County, that an extended sketch of his life and public services is unnecessary in this chapter. Suttice it to say that no abler lawyer or more honored citizen has ever lived in the county; that his talents entitle his name to a prominent })lace among the distinguished rei)resentatives of the legal professum in Ohio; and that his eminent mei-its as a jurist have received poi)ular recognition in his election to the honorable position which he now so ably fills.

William Huoh Frazier, the fourth son and seventh child of George and Bethiah (liandall) Frazier, was born in Hubbard, Trumbull County, Ohio, March 11, 1826. His father was a native of Kent County, Maryland ; came to Ohio with his parents in 1S()2 ; married a native of Washington County, Pa., and reared eight children. Hannah (Ripley), Henry, William H., Sarah R. (Watt), George, Israel, Andrew^ Asa, of whom four are still living; Sarah, George, William n. and Andrew. The father died in Guernsey County 'in 1852. He wasti man of great natural ability and forc<j uf character. While in Tnnribull Cminty he served as a nuii»;istrute* and was reganled by his Hi igbhi^r-s :}s ;i tnan of sound sense and good judgment.

The subject of this notice was I'ciired on a farm and attended school in !iis native town until twelve years of age, when he accompanied his pai'enls to Guernsey County. Here he continued attending the common schools in winter and working on the farm in summer, until he became of age. He then entered Madison College at Antrim, Guernsey County, spending his vacations at home in farm-work and study; but finding his health impaired, and believing that he would not be able to continue his labors as a farmer, he decided to begin the studv of the law. At this time an older brother, Henry, was ])ur*suing a course of study for that prof(»ssion, and William placed himself under his tutelage, continuing until twentv-six vears of age, when he was admitted to the bar at

Coshocton, May 17, 1852. Iniinedi- j atoly after his achnission lio began the practice of his profession with his brother Henry at Sarahsville, thtm ' the county-seat of Noble County. In the folluwinir Au<nist liis brother (lied. William H. continued in practice at Saiahsville until 1 858, when lie removed to Caldwt^ll, the new county s(»at. In March, 1805, he formed a partnership with James S. F\)reman, which continuinl one y<^ar, aft(M' which he practiccnl alone. In 1855 he was elected prosecuting attorney for the county, and by successive re-elections was continued in the office for ten yeai's. He was twice chosen to this office without o])position. In October, 1S71, he was appointed by (lovernoi- Hayes to fill tlie unexpired term of Hon. Moses If. Granger as judge of the court of common pleas, and at the annual election held the same month he was elected t^) the same office for the term of five yeai^s. Subse(]UtMitly he was twice re-elected as judg(» of the court of common pleas in the eighth judicial district, no other candidate being put in nomination against him. September 8, 1884, after having been nominated for circuit judge, he tendered his resignation as common pleas judge, having served in that office ihirtec^n yeai's lacking one month. At the annual election in October, 18S4, he was elected one of the judges of the circuit court* for seventh circuit, and

The circuit court was orj^ranized iindcr an amendmfTit to the constituticm adopted in IHKJ, an<i in accordance with the prt)visions of certain hjris- Intive act<».

Possessed of a keen, analytical mind, discriminating, careful and thoughtful; honest of purpose and sound in judgment; of extensive general information and thorough knowledge of the law, aided by a ready and retentive memory, in his hmg and unbroken service uiK>n the bench, fludge Fra/ier has been distinguished for his love of justice, his fidelity to the law, and the CMpu'ty and candor of his decisions. His umissuming mannei's and agreeable social qualities render him deservedly popular with men of every party and every condition in life. He is a llepublican, both in the political and in the literal signification of the word, and has risen to his present position solely through his own merits, his pei'severance, energy and industry. He has been a member of the Methodist Episcopal ('hurch for many years.

As a (citizen of Noble County, Judge Frazier has been [U'ominent in every movement calculated to advance the interests of his town and county. With others he founded the first bank in the county, became its first president and still retains that position ; he was also one of the incorporato!^ and fii'st directors of the (.'leveland and Marietta Railway, and gave largely of his time and money to promote the building of tlu? I'oad.

four daughters, Jennie (Lloyd), Anna (Neuhart), William A., George E., Mary E., Louis B. and Minnie M. The married daughter reside in Los Angeles, Cal.

William C. Okey, familiarly known as Judge Okey, is entitled to a place in the first rank of the present lawyers of Noble County, not only by reiison of seniority, but also because his achievements have won for him that position. Mr. Okey was born in Woodsfield, Monroe County, Ohio, August 24, 1828. II is father, James Okey, was among the prominent citizens of that county, holding the office of magistrate for twenty-one years, and rep-, resenting the county in the State legislature for two terms. TBe subject of this notice spent his boyhocxl on a farm. After receiving a common school and academic education, he engaged m teaching school during the winter months, devoting his spare time to tlie study of the law. In 1S49, he entered the law office of Nathan lloUister, and two years later he was admitted to the bar. In 1852 he opened an office in Sarahsville, then the county seat of the newly-formed County of Noble, as a member of the lirm Ilollister, Okey <fe Ilollister, where he soon rose to prominence in his profession. In 1855 he was appointed clerk of of courts and in the following year w^as elected to that office. He followed the county seat to Cahlwell, thus l)ecoming one of the first settlers of the village in which he has since resided. At the expiration of his term as clerk he resumed the practice of la w% continuing until 18<»2 when he entered the service of his country in Company E, Ninety-second Ohio Volunteer Infantry. Resigning in 18()3 by reason of disability, he again took up his practice which he has followed assiduously ever since. In 1800 he fonneil a copartnership with Jabez Belford, one of the most prominent attorneys of Noble County, which lasted until the decease of Mr. Belford in 1882. Mr. Okey has never been a politician in the ordinary acceptation of the word, yet he has tjiken a deep interest in all matters affecting the general welfare of the country. He is a firm. supporter of the Democratic party. In 1870 he was nominated for judge of the court of common pleas in opposition to Hon. F. W. Wood, of McConnelsville. The district was largely Ilepublican, yet Mr. Okey was defeated by only a small maijority, running ahead of his ticket in most of the district, and carrying his own county by 350 majority- He is the oldest lawyer in Noble County and for many years hjis had an extensive practice. He is diligent and industrious and conscientiously faithful to the interests of his clients. As a lawyer he bears an unspotted reputation. He is a man of decided views ; a careful, cautious counselor, and a good judge of the law. A gentleman who has known him intimately for twenty eight yeai^s, says of him : " He is a gentleman, a good lawyer and an honest, straightforward and re|)utable citizen." In him the younger attorneys of the county

Mr. Okey marrietl for his jBrst wife Miss Julia Ring. His present wife was Miss Ruth Caldwell, daugliter of the venerable Joseph Caldwell, elsewhere mentioned.

Erwin G. Dudley, son of Judge Gilman Dudley, was born in Olive Town ship in 1832. He reiid law in Sarahsville and was admitted to the bar about 1853. He practiced in Sarahsville and Caldwell until the summer of 1862, when he entered the service as a captain in the Ninety-second Ohio Volunteer Infantry. He had a good legal mind and was a successful lawyer. For several years he was the resident partner in Noble County of Hon. John E. Hanna, of McConnelsville. After the war he went to Omaha, where he was elected State senator and afterwards police judge. He next went to the Black Hills and engaged in mining. He is now in Dakota, the proprietor of a sulphur springs resort.

James K. Casey came to Sarahsville from Cumberland about 1853 and practiced in that place for about three years. He removed to Cambridge and thence to Mt. Vernon, Ohio. He died in the West recently. He was a good lawyer and a gifted speaker.

Richard H. Taneyhill located at Olive in 1851, and practiced law and edited a newspaper there for a time. He afterward practiced his profession in Batesville for a number of years. He removed to Barnesville, where he at present resides. He is now largely engaged in the culture of strawberries. Mr. Taneyhill was an able and forcible editorial writer and possessed legal ability of a high order. His brother, Mordecai H. Taneyhill, also a lawyer, was located at Sarahsville a few years prior to the removal of the county seat to Caldwell.

James II. Rothrock, as is shown by a card in a local paper, had a law office in Olive in 1853. He came from West Union and was a young man of ability. He remained a short time in the county waiting for the controversy over the county seat to be settled. Then tiring of this he remove(\ to I^wa. He has since been one. of the judges of the supreme court in that State.

Hon. BEN.rAMiN F. Spriggs, for many y^ars a prominent lawyer of Noble County, died at his residence in Sarahsville, January 17, 1879. He was born in Washington County, Pa., in 1828, and in 1844 came with his parents to Guernsey County. At the formation of Noble County in 1851, he hved in that part of Guernsey which was annexed to the new county. Mr. Spriggs taught school in early life, studying law in his spare time. In 1851 he served as deputy clerk of courts in Noble County. He was also one of the school examiners. He was admitted to the bar in 1851, and soon rose to prominence in his profession. Starting as an old-school Democrat, he soon become a leader in the then Democratic party in the county. For some years he was editor of the Democratic Courier^ published at Sarahsville. In 1858 he was nominated for CoiiiTivss, and wjis ddVated hy only a few votes. In 1871, he was noniinat(Ml for re|)n^sentativ(? to tiie legislature, David McGarry l)eintrliis opponent. A verv spirited caini)aign ensued, resulting in a tie vote. A new eleetion l)eing ohUm-imI, Mr. Spriggs was (4(H't(Ml by a considerable majority. lie took an active part in local and national politics, and was one of the most ellV^tive and earnest workei^ for his party in the county. In 1S7*> he was a delegate to the St. Louis convention, which nominated Samuel J. Tilden for the presidency. During tin; war he was a member of the military committee of the county. He was a go(Kl lawyer, (piick in d(»bal<', and a fluent talker. He was warm in his friendshi[), and, though always an earnest j)artisan, iu* retaiuiHl the respect and good will of his political adversaries, and was esteemed as a citizen.

David S. Siuniius, one of the leading lawyers and |)rominent citizens of Noble (Jounty, was born in C'enterville, l>(^lnu)nt County, Ohio, January 1(>, 1S:*)5. He |)assed his boyhood on a farm, receiving only a good common school educ^ation, which he made useful to lnms(4f ami others l)y engaiiinu- in the work of a teacher. He also stmlied sui'V(wing. While tc^aciiiniz" he pui'sucd the study of law in his spare tim(\ aii<l at the age of twenty-one (Mitei'cd the law olHce of Ins brother, Hon. 15. F. Sprigizs, of Saralisvill(\ He was ad mitted to the bar in is.^li, and l^rom that tinu* until isuti he was alternately engaged in teaching and the

]>ractice of law, meantime serving three veal's as school examiner. In ISM he removed to Caldwell, where h(^ has since had an extensive law practice, ranking among the leading repn^sentatives of the ])rofession in this locality. He served as prosecuting attorney from 1ST2 to IHIH In 1875 he was a candic'ate for representative to the legislature from Noble County. James M. Dalzell, the Rej)ublican nomin(»e, was elected by a majority of live votes. Mr. Sjn'iggs has at various times been nominated for other res]ionsil)le officios, but has been defeated, his party biung greatly in the minority. Since lSf)8 he has tak(»n an active interest in ])olitics, an<l has been a prominent worker on the Democratic side in l)olitical campaigns. In lS8r> he was appointed postmaster at Caldwell, which |>osition hjd still holds. In 1JS57 he married Nancy Windom, a cousin of Senator Windom, of Minnesota. Sh(^ is a native of l>elmont County. Mr. and ilrs. Spriggs have two sons and one daughter. ^

Mi( iiAKL Danfouh Kin(} was a young lawyer in Caldwell in 1S59. He removed to Barnesville, went into the army, and was killed in the service

John AV. 1»i:i.l was in Caldwell befon^ t!ie war, and attempted t() practice law for a tinu*. He was afterward in the news|)aper business, and succc^eded admirably.

J AMIS S. FoKKMAN, s(m of Hiram and Margaret Foreman, was born neai* S(Mi<H^aville, (Tuernsey County, Ohio, October 2, 18:^5. He reccivetl a common school education, and in early life taught school. He read law under the preeeptorship of Jud<»e Evans, of Cambridge, and was admitted to the bar September 8, 18r)3 October i\ 1874, he was a<lmitted to ])ractice in the United States Circuit Court. He removed to Caldwell in the fall of 18(14, and practice<l here until his decease. He died of paralysis, March 22, 1S80. He first practiced in partner-ship with Hon. W. H. Frazier, and, after the latter was elected judge, foruied a paitnei'ship with D. S. Spriggs, wdiich continued until his death. Mr. Foreman was considered one of the l)est I'awyers in the county. He served two terms as prosecuting attorney, but never held any other ofllce of i)rominence. He took an active pint in politics. and was a good stump-speaker. He married Anna ^I. Summers, r)f Xolde County, in Ls59, and wns the father of six children, who are living.

JuDGK Dknnis S. Guujs is a prominent lawyer and an old resident of Noble County. He is the son of Dennis Gibbs, one of the early New England settlers of Olive Township, and was born in that township, Dec. 25, .1825. lie was reared on his father's farm and shared the rough experiences of i)ioneer life. He received such schooling as the inferior subscription schools of the early days afforded. He was editorially connected with two of the early newspa|>ei*s of Noble County. He Ix^izan the study of law in the oltice of Hon. Isjiac Parrish and finished in the office of Hon. W. H. Frazier. He was admitted to the bar in 18r»s, l>ut did not enter upon the* pi'actice of the law until 1875 His early political teachings were such that he became a " f ree-soiler " and cast his first vote for the nominees of that party. On the formation of the Republican party he became an adherent to its princij)les and still remains constant to them. He has taken an active part in j)olitics for many years and is a sound and elft^ctive public speaker. In 18(5*5 Mr. (iibbs was elected to the office of probate judge and for two terms fullille<l the duties of that position. In 1870 he went to Kansas where he endmrked largely in the I'eal estate business until 1873 when the panic brought linancial disaster to him. In 1875 he returned to Noble County and in partnei*shi|) with William Chambers engiiged in the practice of law. He has since had alargf^ pi'actice and is a very succi^ssful lawyer. Judge Gibbs has been twice married - first, in 1853 to Uh(Kla Chamberlain, of Beverly, O., who died in 1851>; and, second, in 1S(;4 to Ada M. Tuttle. Uy the first marriage there was one child who died young. Three children have been borne of the second union - Mattie L., Dennis C. and Ada M. In reli'iious l)elief, »Iugde Gibbs is a Universalist.''

He jit tended school in Allegheny, i\\u\ was (piite proficient in the rudiments of a common English education befoi'e he wns nine years old Then his father, Robert Dalzell, re- moved to Brookfield Township, and there commenced farming. Ilis youth was spent like that of other boys of that d«ay in the country, working on tlie farm in summer, and attending school in winter three months in the year. At sixteen he had completed the limited curriculum of that i)eriod, and having obtained a certificate set out on foot for Vinton County in the winter of 1854, and there taught his first school at $22 |>er month. With the proceeds he maintained himself at the Ohio University at Athens for a term, and when his money was exhausted, agiiin resorted to " the birch;'' and so alternately teaching and atten«Mng college as he could ; sometimes at Sharon college, again at Oberlin, at Athens, and Washington, Pa The years flew by, and with such difficulties to en counter and overcome, in making his own way at college. When the war broke out it found him a junior at Washington College, Pennsylvania. He had also graduated from Duff's College, Pittsburgh, but the dream of his life was to linish a full classical course in old Washington ; but the cherished ambition of his youth was frustrated by his enlistment as a cornmon soldier in Company H, One Hundred and Sixteenth Ohio Volunteer Infantry. Here he served three years without discredit, and was promoted " Sergeant Major, for gallant and dislinguished service," as his commission reads. At the close of the war returning home to Noble County, he was chosen dej)uty clerk of the court of common plea.s, and acted in that capacity Until July, 18(56, when he was ap|>ointed to a clerkship in the United States Treasury at Washington City, which he held for two years, until he had graduated in Columbia College and was admitteci to the bar as attorney at law in June, 18()8. This he achieved by night study alone, for his days were devoteil to the business of his olHce. Nov. 29, 18(>7, he married Miss Hettie M. Kelley, an estimable young lady residing then at her home in Muskingfum Countv. Together they spent a pleasant and profitable year at the Capital. But in the fall of 1868 they removed to Caldwell, Ohio, and there have resided ever since. Their union has been one of the happiest and blessed with six children, all of whom survive except James Monroe, the eldest son, a very promising youth, whose sudden (le<ith at the age of fifteen has cast a deep gloom over the household that mourns his departure.

Mr. Dalzell has always contributeti to the daily newspaper press, and it is probably not going too far for us to say that no name is betftir known than his among newspaper writers. His business for eighteen years hjis been that of a lawyer, in which he has been fairly successful. In 1869 he was elected prosecuting attorney and served two years ; and so vigorous was his prosecution of liquor sellers that at the end of his term there was not an open saloon in his county. In 1S75 he was elected to the (ieneral Asseml)ly of Ohio, and represented Noble County so wile that in 1877 he was reelected for two yeai^s more. During his entire four years in the legislature he was a member of the judiciary committee, the most influential and important of all the committees, and the one to which lawyer's only are eligible.

Tlie entire l>ody of Ohio statutory law passed through the hands of this committee for the laws were then being codified and re-enacted. In 1882 he was strongly supported in the Congressiomd convention at St.Clairsville for the nomination to Congress, and was balloted for unsuccessfully nearly three hundred times in the most excitmg contest for Congress ever witnessed in Ohio The convention broke up in ccmfusion, without nominating any one, and then and there Mr. Dalzell retired from politics and resumed the practice of law more assiduously than ever. For many years he was on the "stump" in various States, and in 1871) was called to Massachusetts and Pennsylvania and in 1880 to Indiana, lie was in demand everywhere and was regarded one of the best stumpers in th3 United States. He was always a Republican. He advocated the election of every Republican candidate, both with voice and pen, from Fremont to Garfield. The confidential friend of Sumner, Frederick Douglass, James A. Garfield, Rutherford B. Hayes, Gen. W. T. Sherman, Henry Wilson, John Sherman, O. P. Morton, Thaddeus Stevens, Schuyler (volfax and a host of their great contemporaries. Mr. Dalzell confesses to not a little pride in their letters testifying their high regard for him. As is elsewhere fully detailed in this work, Mr. Dalzell was the originator and author of the popular soldiers' reunions now held annually in all parts of the country. It is doubtful if there is a soldier in the United States who does not know " Private Dalzell'- (as he is familiarly called) at least by reputation, for at the first and other reunions since established he has addressed most of them m his patriotic s{>eeches. Besides, he has always taken a pride in all matters relating to soldiers ever since the war, and devoted a large portion of his time and means to the furtherance of their interests not only in this but in almost every other State.

But since he quit politics and resumed the practice of the law, he has passed his time very quietly. When not engaged in the courts or at professional business elsewhere, he devotes himself to his books. He is regarded as one of the first forensic orators in Ohio, and on all public occasions he is in demand. To these calls, however, he seldom responds, for he finds more pleasure and profit in the plain, plodding practice of the law and the presence of his family to whom he is doubly devoted.

Allkn Miller came from Zanesville about the close of the war and opened a law-ottice in Caldwell. He was a young man and only a brief resident. He has since gained an enviable reputation as a lawyer in Zanesville, Columbus, and elsewhere.

as clerk of courts in Noble County. He was the only soldier that went from the county who attained to the rank of Colonel. He was in the One Hundred and Sixteenth Ohio Volunteer Infantry. He was admitted to the bar about isds, but never practiced. He is now a resident of Bowlder, Colorado, and is mai^shal of that city.

William Chambkks, a leading lawyer, was born in Calvert County, Maryland, in 1S42. His father, William (Chambers, w^as a sea-fa ri noman in his early life, but afterwards became a farmer. The subject of this notice was reared on a farm. In 1853 he came to Ohio w ith his ))arents. His father settled on a farm in Monro(» County where he died in ISdO at the age of seventy years. William lived on the farm and followed school teaching a portion of the time until 18<)7. when he entei'ed upon the study of the law. In 18HI) he was admitted to the bar and in 1871 began the jn'actice of his profession in Caldwell. In 1872, on the incorporati(m of tlie village, he became its first mayor, holding the office four years. In 1875 he was elected prosecuting attornc^v. He served one t(M-m in that ollice. Mr. chambers is a Bepublican and has been an active worker for his party. He is a man of extensive and varied iiUoiniation and is thoroughly versed in the law. He was marriful in 1S70 to Martha A., daughter of IJev. Jeremiah Phillips, of the Pittsburgh

John M. Amos, now editor of the Cambridge Jeftrmnlan, was reared and educate<l in Noble County. He taught school in early life, studied law under Spriggs & Foreman and was admit ted to the bar. After practicin<i: law for a time he enfrHir^-d in the newspai)er business, buihiing up the Democratic organ of the county and making it, for almost the tii^st time in its history, a paying newspal)er pro])erty. At the .same time he |)racticed law and took a leading part in politics. He sold out his news|«iper in 1884 and removed to Cambridge. Mr. Amos wa,s a Kepublican until 1871 but has since acted with the Democrats.

Fkkd W. Mookk \vas born in 1845, and died in April, 1874. He attended college at Washington, Pennsylvania, in l8(i5-0, and afterward studied law in the office of Hon. F. W. Wood, in McConnelsvilie. He was admitted to the bar at Pomeroy, Ohic;, in 1871, and socm after began practice in Caldwell, in partnei-ship with J. F. Young, Esq. In July, 1.S73, he became associated with John M.Amos, Esq, in the publication of tlije (Utizen'H Press ^ l)ut the state of his health soon compelled him to retire from active labor.

John F. Youno, from St. Clairsville a graduat(i of the college at Wasliington, Pennsylvania, located in Cal<lw(»ll, in 1871, and practiced until 1874; a part of the time in partiuM'sliip with Fred W. Moore. He went to P>ellaire where he practiced law several veai*s.

Nathan B. Whakton, was born in what is now Marion Townslii]), May 10, 1844. He received sueli a(lvanta*::es for e<Incation as were offere<l by the district scliools of that day. At the ag(» of eicrhtteen he enlisted in Coni|)any I). Ninety-second Oiiio Volunteer Infantry, lie was a member of that command until March, 18(13, wlu^n he was dischart^ed at Carthage. Tennessee, b}^ reasfm of disal>ility contracted in the service. May 2, 18*;4, he again entered the service, this time as a member of Company C., One Hundred and Sixty-first Ohio National Guards, lie served in this company until it was discharged from the service, at Camj) (Jhase, September (J, l8r)4. On his return to his home he began the study of the law in the otlice of Hon. J. M. Dal/ell, and was admitted to practice by the distiict court of Columbia County, April ^C), 1871, At the October election of 188], he was elected prosecutmg attorney of Noble County, which position he filled creditably for three veai*s. In July 1885, he Wiis appointed special agent for the General Lmd Otiicci with headquartei*s at St. Cloud, Minrresota. lie married Miss Amelia A., daughter of Kinsey and Louisa John, April 27, 18(15, and has a family of ten children.

John F. Yoincj, from St. ('lairsville, a graduate of the coHege at Washington, Pa., located in Caldwell in 1871 and practiccMl until 1874, a part of the time in ])artnei'sliip with Fred W. Moore, lie went to IJellaire where he practiced law several years.

Jamks W. [>aknks was reareil at Sumnuirfield, in this county ; studied law under lion. J. M. Dalzell, and was admitted to the bar about 1872. Aft(M* his admission he practice<l in partnership with his preceptor for a short time. He is now in the government printing oflice at Washington, 1). C.

Jamks M. McGinnis is a well-informed and i)rominent lawyer. He was b(»rn in Tuscarawas County in 1*^47, and came to Summerfield when young. He secui'ed an education through his own exertions, attemling the common schools and Mount

I which lo pursue his studies. In February, 18(15, he became a member of Company I), One Hundred and Eighty fifth OhioVolunteer Infantry, and served until mustered out the following Septeml)er. Frou] 1878 to 1878 lie was principal of the SumnuM'field schools, lie read law in the ollice of Spriggs ct Foreman in the uieantinu*, and was admitted to the bar He was elected prosecuting attorney in 1877, renu)ve<l to Cald- W(4I in 1878 to assume the duties of his oftic(\ and has since been in successful practice heie. In 1879 he was re-elected ])rosecuting attoi'uey, and liehl the oflice during another term. He was in partnership with Hon. J. ^I. Dal/ell for five years, and is now a member of the law linn of Mc(iinnis ct Weems. Mr. McGinnis is an earnest Kepui)lican. ll(* was married in 1871) to Miss Emma, daughter of William Peregoy.

Capell L. Wkem8 is an able young lawyer, who is fast earning for himself an honored place in the ranks of the profession. lie was born at Wliigville, Marion Township, July 7, 1S()0. lie attended the common and normal schools until the age of sixteen, when he began teaching school, and taught with occasional interruptions until he began the practice of law. lie studied law under the tuition of Dalzell & Mcdinnrs, l>cginning at the age of nineteen, and was admitted to the bar in October, 1881 He then took a position as sui>erintendent of schools at Senecniville, Guernsey County, where he remained until 1883. In the spring of that year he settled in Caldwell, and entered upon the j)ractice in partnership with James M. McGinnis, Esq. Mr. Weems was elected j)r()secuting attorney in 1884, and has ably discharged the duties of that position. In November, 1888, he was married to Mary B. Xay.

Clark M. Watson, was born in Seneca Township, Koble County, June 15, 1847. The Watson family were among the early settlers of that township. He was educated in the normal schools and at the Ohio Wesleyan University, graduating from the classical de|)artment of that institution in 1874. For the three years succeeding his graduation he served as suj)erintendent of schools in Chesterville, Morrow Ccmnty, Seville, Medina ('ounty, and Fredericktown, Knox County, meantime reading law in his spare moments. He next enter(Ml the law oHice of Hon. L. R. ('ritch/ield. ex-attornev-i?eneml of Ohio, at Cleveland, and in the spring of 1878 was admitted to the bar in that city. In the fall of the same year he removed to Caldwell, where he still practices his profession. Mr. Watson is a Republican and a Methodist. He was married in 1874 to Miss Lettie A. Brown, a native of Cuyhoga County, and is the father of one child.

E. II. Akohkr, now a clerk in the adjutant-general's office at Columbus, was reared and educateil in Noble County. He read law with Hon. J. M. Dakell, was admitted to the bar about 1877, practiced in Caldwell with success until 1885, when he went to Columbus to assume the duties of his present position.

Adam J. Smith, from Muskingum County, studied law in Caldwell, and was admitted to the bar about 1877. He practiced here for a short time. He then removed to Kansjis, where he now holds the position of prosecuting attorney.

Russell AV. Summers, son of Dr. K. P. Summers, was born near Summerfield in 1854. After receiving an academical educaticm he began the study of law in the office of Belford & Okey, and in September, 1S78, was admitted to the bar. He began to practice, in Caldwell, in 1870. He marrieil Miss Lillie Moore, of Ren rock, Noble County.

Ikvix Belfori), son of Jabez Belford, served -as clerk of courts from 1872 to 1878, and about the close of his second term as clerk was admitted to the bar. After a few years he removed to Toledo, where he isat present assistant prosecuting attorney.

The Medical Profession

Charles T. Lewis, who served for a time as cashier of the Noble County Bank, began his legal studies in Marietta and finished them in Caldwell, where he was admitted to the bar about 1878. Forming a partnei-ship with Irvin Belford, he practiced with him in Caldwell until 1882, when both removed to Toledo.

Charles A. Leland was born in Sharon, Noble County, in 1800. He is the son of B. M. Leland, a prominent citizen of this county, lie received a common-school education, read law in the office of Dalzell & McGinnis, and was admitted to the bar in 1881. Mr. Leland has been a teacher since he was sixteen years old, and is at present (January, 1887) the teacher of the school.

Provenance

Text from History of Noble County, Ohio : with Portraits and Biographical Sketches of Some of Its Pioneers and Prominent Men : Illustrated, published 1887, in the public domain in the United States and digitised by the Internet Archive.