Portage County, Ohio - Chapter 10, 1885
From History of Portage County, Ohio. Containing a History of the County, Its Townships, Towns, Villages, Schools, Churches, Industries, Etc; Portraits of Early Settlers and Prominent Men; Biographies; History of the Northwest Territory; History of Ohio; Statistical and Miscellaneous Matter, Etc., Etc. .., published 1885. 7,366 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
Contents
3 sectionsThe section headings the book prints inside this chapter. Each one jumps to where it begins.
The text
7,366 wordsMachine-read from scans of History of Portage County, Ohio. Containing a History of the County, Its Townships, Towns, Villages, Schools, Churches, Industries, Etc; Portraits of Early Settlers and Prominent Men; Biographies; History of the Northwest Territory; History of Ohio; Statistical and Miscellaneous Matter, Etc., Etc. .., published 1885. 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 10
DENT AND ViSITTKG LaWTBRS^BRIBF SKETCHES OF LEADING MEMBERS OP THE Benuh and Bar - Present Bar OF PORTAGB COUNTY - THE PORTAOB County Medical Association.
AS people often fnil to agree respeetin^ fhdr rights and datiee, andas ihej sometimes violato thoir an^reomentfi, and even disobey those rnles and regnJations prescribed for their conduct, it is neoessary tliat tribunals shoald IM provided to administer jostioe, to determiDe and deolare tiie rights of disagreeing parties, to inyestigate and decide whether the laws are observed or violated, and to pronounce jndrrnipnt according to law and the just deserts of the citizen. These determiuatiuns are called judicial. Upon the organi- Kation of the Northwest Territory, courts were established and laws promnl. gated for its proper government The Oonrt of Ciominon Pleas was the first to take shfipe, boing pstnhlisbed by the Governor and Judges at Marietta, Augnst 23, 1788. This Court was first composed of not less than three and not more than five Justices, appointed by the Governor in each county, and known as the '*Goaiity Oonrt of Common Pleas,** bat in 1790 the number of Jmitioes was increased to not Iprs than fhree and not more than seven in each county, and the regular sessions were, by tlu^ Hame art. incrpa?=!ed from two to four annually. When Ohio was admitted into the Union, its judiciary was re-organized. The State was divided into drenits, for eadi of which a Jndg«, who* had to be a lawyor in fjood standing, was elected by the General Assembly, whose terra of office was seven years. Thret^ Associate Judges were chosen in each county by the same body, and for the same length of service, and were usually fartuers or inteUigsnt bnsinees men. The Ftasident Judge with the Aasociates eqoa* posed the Court of Common Pleas of each county, and thus this Court remained until the re-organization of the judiciary under the Constitution of 1S51. That instrument provided for the division of the State into judicial districts, and eaeh district into snbdiTisions. It abolished tiie offioe of Aasodate JnUgpt and directed that in each sub-division one Judge of the Court of Common Pleas, who had to be a resident thereof, should be elected by its qualified electors. The official term was fixed at five years, and the Legislature reserved the power to inerease the Dnmber of Judges in eadi sobdiTlflionivhaMver sooh became necessary.
Prior to the erection of Portage County, all of its judicial business, excepting that transacted by its Justices of the Peace, was done at Warren, the connty seat of Tnunbul Oonnty. The first session of the Court of Oommovi Pleas in this county left the following record of its preliminary proceedings:
"State of Ohio, County of Portage, .Tuesday, August 23, 1808. This being the day appointed by law for the sitting of the Court of Common Pleas for Mid oonntj, ttie Court opeiied,*pTOeeiit Calvio Pease, Esq., Preaident, and William Wetmore, Aaron Norton and Amzi Atwater, Bim|b., Associate Jndgea.
"The report of Robert Simison, Samuel Hnixter and ReziD Beall, Commissioners appointed to fix the seat of justice for the County of Portago, wea Diade to the Cotirt, which being read was ordered to be recorded.
Biahop, David Hudson, Robert Bissel, Mobos Thompson, Stephen Baldwin, Samuel Andrus, Jacob Reed, John Campljell, Wiley Hamilton, Etbelbert ' B&ker, Alfred Wolcott, John Mutton, Jeremiah Root and David Abbott. The CSoort appointed David Hodaon, Esq., foreman of the grand jury, and the jatj bttng sworn and affirmed, were charged by the Court and sent out."
The act erecting the county designated the house of Benjamin Tappan as the j^lace for holding the courts until a seat of justice should be selected i but tradition saye that when the Court met at the appointed place on Tuesday morning, August 28, 1806, l^ppan's residence was a smolderiug ruin, having been btirned to the ground the previous night, and that the Court organized in the open air under the spreading branches of a large tree. The writer cannot Touch for the truth or falsity of this pioneer tradition, but it is, however, a faet, that after organizing and aooepting the report of the Commissioners appointed by the Legislature to select the site for the county seat, the Court adjourned to meet at Robert Eaton's bouse in the afternoon of the same day. This buildin£[, which is yet standing in a good state of preservation, is now (Janoarjr, ItiSs,) the residenee of R. J. Thmnpaon, Esq., and la located aboot two miles and a half southeast of Ravenna. It was utilized by the Common PleaH" and Comraissioners' Courts until the completion of the first Court House in 1810, and is therefore very closely identified with the early history of the ooonty.
The first case' that came before the Court at this session was the petition in chancery of James Beatty vs. Benjamin Tappan and Benjamin Tappan, Jr , which was continued unti 1 the eucceeding term. The second case was a petition for partition of Eaekiel Williams, Jr., and oihera ml Timothy Bnxr and others, whioh was also continued to allow notice of said petition to be advertisetl in the Weatem Herald, of Steubenville, Ohio, and the American Mercury, of Hartford, Conn. The next business was the appointment of Joel Walter as administrator of Uie eatale of Heman Lnoaa, aeeeaaed, of Hn&Km, with David Hndson, Owen nx>wn and Abraham Thompson, appraisera of aaid estate. The Court then appointed Asa D. Keyes Prosecuting Attorney, which position he filled until the close of 1808. John Cochrane and Amzi Atwater, administrators on the estate of Solomon CoolvBDe, were gmi anOiority to falfiU the torma of a ocmtract previously entered into by the deceased, in the sale of fifty acres of land to James Nutt. By this time the p'vening of the first day was fast ayiproachint*, and, the whisky bottle havinn^ circulated pretty freely^ some of the audi once had . grown boisterooB. l^iw^Ooort thereupon decided to uphold ita dignity, whi<di the following official item atteeta; Statb or Qmo, )
This day came the said Samuel Taylor in custody of the Sheriff, and is set to the bar of the Court, to receiTo the WDtence of the law for a contempt this day committed in open court, by flisorderly and contemptuous behiivior. of which the said Samuol is convicted on thf personal view of the Court, whereupon it ig considereci by (he Court that the said Samuel for the ( nntemjit afori said pay a fine of 15 into the treasury of the ( ounty of Portage, and the cost of proaecuiioa, and stand committed until sentence is performed.
T]m' last business of the first day's proceedings was b crso in debt of Zebina ^Vetberbee vs. John Haymaker and George Uajmaker, which was oontinaed till the next term. The Ck>iirt then adjoarped' nntil the following morning, Wednesday, August 24, which mm largely iaMn np with probate bcuiineeB and suits in debt, the latter being generally continnod. The grand jury, however, apppiired with two indictments against William Simcox, of Franklin Township, one for larceny and one for "breach of the Sabbath," after which it was discharged. The larceny case eonsisted of an accnsation that Wilooz shot a tame door, valued at $3, belonf^ing to David Jennings, of Franklin Township, and took the carcass to his home. The foUowinf^ jury was impaneled and tried the case: Abraham Thompson, George W. Holcomb, Oliver Forward, William Skinner, William Kennedy, Jr., William Friee, John Gampbell, Wederiek Caris, William Calhoon, John Whittlesey, Enoe Davis and Ephraim B. Hubbard. The accused pleaded not guilty, and thouf^h vif^orously prosecuted by Prosecutor Eeyos, he was so found by the jury, and discharged from custody. ' The second eharge against Simoox was, lliat on we 15th of June, 1806, he '*wieK« ' edly and maliciously interrupted, molested and disturbed the religions society ' of said Franklin Township, while meeting, assembled and returning from divine worship, by sporting and hunting game with guns and houuds." We wonld be apt to oonelnde upon reading this aerioos ohai^ that the defendant was what is now commonly known as a " bad man,*' bnt those wcare the days when any deviation from the Puritanical ideas of the majoritj' oT theTTrst settlers, was looked upon as a heinous crime. Simcox pleaded guilty to the charge of Sabbath breaking, and was fined f 1*60 and oosIb, the latter amounting to $6. This closed the first session of the Court of Common Pleas of Poitage County.
On the 27th of December, 1808, the second session of the Court of Common Pleas opened, with William Wetonore, Aaron Norton and Amn Atwater, Associate Judges, cm the bench, and lasted three days. The grand jui-y called at this term was composed of the followinr^ pioneers: David Daniels, Ira Morse, David Jennings, Amos Lusk (foreman), Moses Pond, John Bedding, Titos Wetmore, George Darrow, Sr., Nathan Hoore, George Taylor, Ihiooh Jndson, Caleb Wetmore, David Hudson, Jeremiah Boot aud Stephen Mason. It found biit one indictment, viz.: Against John Boosinger, for assault, who acknowledged his guilt, and was fined $4 and costs, the whole emuing to 19.21. The three days were principally taken up in probate bosiness, cases of de1)t, petitions in ohanoeryand partition, moat of the suits being continued nntil the followincf term.
The proceedings in the Coiu-t of Common Pleas during the second year were almost a repetition of the first, though breaches of the peace became ' more numerous as the population increased, and at every session there were more or less cases tried in which musoulnr dovplripTiipnt had attempted to invade the rights of the law by settling dispute in the old-fashionetl way of personal combat. The April term, 18(>9, was held by the three Aasociaten who presided at the preTions December sitting, with Thomas D. Webb as Proseontinj^ Attorney. The f^rand jnmrs called at this session wore Elias Harmon (foreman), James Carter, Gersham Bostwick, Owen Brown, Hiram Boundy, Nathan Soars, Ebonezer Goss, Bola Hubbard, David Waller. Gersham Jndson, James M. Hendry (now spelled Henry), Stephen Upson, Timothy Bishop, Jacob Reed and David Root. Indictments were returned agninst Ejiaphrodi tus Stiles and John McManus for a.ssault and i)attery. The term lasted four days, from the 2oth to tho 2sth inclusive, and the only petit jury empaneled were as follows: Pascal B. Mclntoeh, Oliver Dickinson, Oliver C. Diddnaon,
Benjamin Oviatt, Mahlon Calvin, Ezra Wyatt, Daniel Stow, Thomas Vanhyning, Silas Waller, Aflber Ely, David Baldwin and StephAn Cotton, before whom J$tnm Walker tvaa tried ior an eaeaiilt upon Bobert Oampbell, and oon-
The next s^ion was held August 22, 23 and 24, 1809, by Hon. Calvin Pease and the three Associates of the previous terms. The grand jury was composed of the following citizens: Gamaliel Kent, Isaac Mills, John Kudolph, David Jennings, Arthur Anderson, Ebenozer Bostwick, -Tamos Langhlin, Aaron Miller, David Hndson (foreman), Jonntban Spraj^^ue, Kapliael Hurlbut, George Darrow, Jr., Amos Lusk, Lewis Ely and Samuel Bibbop. The fint petit jury of this term tried a non-auumptk ease of John Wright, Sr., vs. Frederick CnriH. and decided in favor of the plaiotiff. Tbe jurors of this panel were Joremiah Root, David Pond, Moses Smith, Adbod Boman, Mun Day, Adam Vance, Henry Yanhyning, Klisba Perkins, Beuben Parker, Henry Bryan, William Neil and Joeeph Fisher. The eeoond petit jury tried and convicted John McManns for assault and battery. Its members were Beul:>en Parker, Joseph Fisbcr. Honry Vanhyning, Frederick Cnrin, Jr.. Jeremiah Boot, William Neil, David Pond, Elisha Perkins, Moses Smith, Anson Beman, Mob Pay and Henry Bryan. The third jury trial of thia fleaaion waa a non- <uaumpsit suit of Caleb Wetmore fa. Elijah Wadsworth, the jury being the same as in thp H«K*ond panel, excepting John Wright, Jr., and Adam Vance replacing Moses Smith and Anson Beman. The case was decided in favor of the defendant. The fourth jury of this term waa alao tha aame aa the aeeond, excepting Adam Vance instead of Anson Beman, and tried a non-assumpsit snit.of James Arbnckle for the upe of John Keating V8, William and Titoa Wetmore, which was decided in favor of the plaintiff.
The laat aeeaion of the aeoond year waa held Deoember 26^ 27 and 28, 1809, the same President and Associate Judges being on the bandi, eseept Judge W^etmore, who wan appointed Clork of the Court of Common Pleas, and the vacancy on the bench was not tilled until the meetingof the Legislature in 1810. The grand jurora of this session were Lewis Kly, Robert Oampbell, John Blair, Ebenezer Sheldon, Josiah Starr, Joseph Darrow, Heman Oviatt, (foreman), Jamee Robinson, Josiah ^lix. Henry Cliittemien, Champlin Minard, Benjamin Stow, Erastus Carter, John Oviatt and Jeremiah Hoot. Indiotm«its were fonnd against John BoIIee, David Wright and Philip Ward, for aasanlt and battery; against Joehna King for selling liquors in less quantittea than allowed by his license: and against Isaac Bacon for a breach of the revenne law& The case against David Wright for an assault upon Jacob Vanhyning, waa tried before the following jury: Joel Walter, Stephen Cotton, Eliaha Seara, John McWhorter, Gideon Chittenden, Jaoob Beed, Erastus Skinner, Joel Gaylord, David Root, W^iley Hamilton, Ebenezer Bostwick and Arthur Anderson, who found W right guilty aa charged in the indictment. We have now run through the first two years of the record of the Court of Common Pleas, and given a brief outline of its proceedingn. Id giving the li^t-s of the several juries, the sole objort the writer ha-^i in view is to furnish the reader with the names of those pioneers who took the most active part in the judicial affairs of Portage County during the earlier years of its history.
The pioneers troubled their brains very little about the written code, but were alaw unto themselves. As ^ood illustrations of their peculiar mode of admini8t(>rinf^ justice in their inferior courts, the following cases will serve our purpose. A man lu Randolph Township was arrested for breaking the Sabbath, found guilty and sentenoed to imprisonment in Jail for aix hown. But (he joke of it waa there was no Jail, and the i»risoner waa set free and the i complainant ordered by the Coort to pay the costs of the trial. Another amus- * ing case was tried Jaly 8, 1S15, before Elijah Alford, the first Justice of the Peace of Windham Township, being that of Hiram Messenger t». Thatcher F. Conant, "for tho valuB of an otter's hole." In gr^'^S ^Tarrott'K ^fill, Mesaonger tracked an otter into its hole, and, as bo snpposed, fastoried him in with a stone, and thuu wont on his way rejoicing. Meeting Couuut he sold his elum to him ior 98. Hie pnrohaser luid no troable in finding the hole, but if it ever had contained an otter the animal had vanished, and Conant. therefore, refused to pay for the empty hole. Messenger sued him before Squire Alford, and reoovered judgment for the $3. Conant thereupon gave notice of appeal, which the Squire prevmited by paying MesBenger tiie numegr, and remitting the costs of the suit. Thus the case was settled to the entire satisfaction of both parties, and the only loser in the affair was the good natured Justice of the Peace, who took this means of preventing an expensive lawmit^ and at the aame time upholding the justice of his decision.
Common Pleat Judgei, - Calvin Pea^e, from August. 1808 to December, 1809; Benjamin Ruggles, January, IHKV to October, 1815; George Tod, October, 1815, to February, 1830; Reuben Wood, F ebruary, 1830, to February, 1833: Mathew Birdxard, Fehmary, 1833, to Jannaiy, 1887; Van R. Humphrey, January, 1837, to February, 1844; Eben Newton, February, 1844, to January, 1847; Benjamin F. Wnd(», Fehmary, 1847, to March, 1851 ; Oporr^e Bli8.s, April, 1851, to January, 1852. As previously mentioned in this chapter, the Judges of the Oonrt 6t Common Pleas, prior to 1851, were ehoeen by the General Assembly of the State, but the constitution framed that year abolished the Associate JndrrpKhip. and divided the State into judicial districts and the districts into subdivisions. The countien of Portage, Trumbull and Mahoning then became the second subdivision of the Ninth Judicial District, and have so remained up to the present The Judges eleoted by the people in thia subdivision since that time, together with their reepoctive terms of service are aafollowK: Luther Day, from February, 1852, to Fehninry. 1857; Benjamin F. HoflEman, February, 1857, to February, 1862; Charles E. Glidden, February, 1862. to Jannary, 1867; George M. Tattle, January, 1867, to January, 1872; Philo B. Conant, (extra Judge), October, 1868, to October, 1878: Charles E. Glitlden, February, 1872, to February, 1S77; Frank G. Servis, elected in the fall of 1876, died in March, 1877; Ezra B. Taylor, appointed March 16, 1877 {vice Servia, deceased), and eleeted in October, 1877, resigned in Septembsr, 1880; William T. Spear, October, 1878, second term expiree in October, 1888; George F. Arrel, appointed September 20, 1880 {vice Taylor, reaigned), elect^ in the fall of 1881, term expires in February, 1887.
Assoctols Judgn. - William Wetmore, Febraary, 1806, rssigned in December, 1809; Aaron Norton, from February, 1808, to February, 1815; Anm Atwater, February, 1808, to February, 1815; Samuel Forward {vice "Wetmore resigned), February, 1810, to February, 1815; Elias Harmon, February, 1815, to February, 1886; Samuel King, Jr., Febraary, 1816, to February, 1820; Alva Dav, February, 1815, to February, 1829; Augustus Baldwin, February, 1820, to February, 1827; Elkanah Richardson, February, 1827, to February, 1834; George B. DePoyster, February, 1829, to February, 1836; Charles Sumner, February, 1834, to February, 1840; Ira Selby, February, 1886, to February, 1843; Joseph Lewis, February, 1836, to February, 1843; Jeremiah Moultoo, March, 1840, to March, 1847; Jonathan Foster, February, 1843, to February, 1850; Thomas B. Selby, February, 1843, to February, 185U; Isaac Swift, March, 1847, to January, 1852; Isaao Bray ton. February, 1850, to January, 1852; Luther L. Brown, March, 1850, to Jannaiy, 18&2.
Hi8Tobt Of Portage Ooumtt
In the early days of mud roads and log-cabins, the lawyers rode the circuit with the Judge, on horseback, from county to county, equipped with the oldfashioned legginsandeaddle-bagiu The party usually had their appointed stoppinf^ places whero they were expected, and, on their arrival, the chickens, dried apples, maple su^ar, corn dodgei-s iind old whisky suffered, while the best storytellers regaled the company with humor and anecdotes. Among the pioneers of Portage Oonnty were some who poaaesaed a Uat knowledge of the law, and two at least who were full-fledged lawyers- B(>njamin Tappan and ARa D. Keyes. U|)on th© organization of the county, aud the selection of Ravenna as the seat o£ justice, lawyers' oihces began to make their appearance in the villaga The disciples of Blaekatone and Kent seem to bave always loolrad npm Ravenna as a fruitful field for their profession, for there has been no period of its history when it haa not contained one or more of the leading attomeya of northeastern Ohio.
Hon. Benjamin Tappan was the first lawyer to locate in Portage Oonnty. He was born in Massachusetts, in 1773, received a good education in bis native State, and there read law and was admitted to the bar. In the summer of 1790 he located in what is now the southeast oumerof Bavenna Township, and boilt the first log cabin in tiint sabdiTision. In the anmmer of 18U0 he went to Oonnecticut, and married Miss Nanoy Wright, and with his young bride returned to his cabin in the primeval forest of this county. In 1803 he was chosen to represent the Trumbull district in the Ohio Senate, and served one term. The act erecting Portage County designated his honae aa the temporary place for holding the courts of said county, until a seat of justice should be selected. By thin time he had removed to the second reeidence built by him, which stood on the farm now owned by Marcus Heath, about one mile east of Ravenna. W» father was the owner of the south division of lots in Bavanmi Township, and had appointed his son Benjamin as his agent, and as ench the latter laid out the old town plat of Ravenna, early in 1808, which was subsequently selected by the State Commissioners for the seat of justice of Fortage County. About 1800 Judge Tappan left this county and located at Stenbenville, though for several years afterward he attended cotirt at Ravenna, and was the Prosecuting Attorney in 1810. He became President Judge of the Fifth Judicial Circuit, and in 1833 waa made United States District Judge. His name is widely known as the compiler of " Tappan' s Reports.*^ In 182d Judge Tappan^ waa one of four Ghib«mat(»rial oandidatea, yet strange to aay received only seven votes in Portage County. In December, 1S38, he was elected as a Democrat to the United States Senate, Thomas Ewing being hifl Wbiff opponent, and aer? ed nnti 1 1845. After a loog and naefnl pfublie career. Judge Tappan retired from aotiTe life, and died in 1857, at tiie ripe age of
I Ash D. Keyes, whose father, Daniel Ee/es, settled in Shalersville Townaliip in 1807-08, was, donbtleoa, the eeoond resident attorney of the ooonty.
He was a native of Connecticut and a young man of considerable talent but of intemperate habits. At the firet session of the Coart of Common Pleas of Portage County, b^inning August 23, 1808, Mr. Eeyee was appointed Proseenting Attorney and served in tibai capacity nntil the eloee of the year. Little
; further is known of him, and he must have removed from the county at an early day. He onco hired a horse of Judge Am/i Atwnter to go to Warren,
* bridla ** Tea,*' said Jndge Atwater, " and the horse too - ^that is a betfir hone than I let you have." It was afterward discovered that Keyes, and a Sqnirs Tylor, of Hubbard, bad been imbibing pretty freely all day, and on getting ready to leave Warren were so " full" that each mounted the other's horse^
1 and rode home without ha^in^ the faintest knowledge of the oomieal blunder. Hon. Darius Lyman v^ ah the next attorney to open an office in Ravenna. He was born in Litchfield County, Conn., July 19. 1789, graduated at Williama College, in 1810, studied law in Norfolk, Conn., tras admitted to practice and oame to Ravenna in 1814. He was Proeeouting Attorney from 1816 to 1818, and again from 1820 to 1828, and represented Portage County in the Ohio Legislature from 1810 to 1820. From 1828 to 1832 he served in the State Senate, and was elected to the same position in 1883 and in 1840, serving one term at each period. In 1832 he was the Whig and Anti- Masonic candi> date for Oovernor of Ohio, but was defeated by Robert Lueas, the Democratic nominee. Ho continued in the practice of law at Ravenna imtil his election to the office of Probate ,ludge in the fall of 1854, in which position he served nine years. Judge Lyman was neither an orator nor a brilliant advocate, but bis love of jnstiee and nnawerring integrity gave him influenee with Court and jnr}% and mndo him a formidable competitor. After retiring from the Probate Jndgeehip. in 1804, he removed to Cleveland, wbore he died about ton yorii-s ago. He was twice married and was the father of six children. His eldest son, I^f. Banna Lyman, Jr., has aerred twenty yuan in the Tkeasnxy DepartmMit at Washington, D. C. , and a fprandson, Henry D. Lyman, has been Seocmd Assistant Postmaster General.
Hon. Jonathan Sloane settled in Ravenna in 1810, where he continued in the praetioe of his profeerion until 1887, in whieh year he retired from active life. He was bom in Pelham, Mass., in November, 17S5, and graduated at Williams College in the class of 1812 Soon after graduating he commenced reading law in the othce of Jonathan Lyman, Esq., of Northampton, Mass., and vras acmiitted to tiie bar in 1816^ He ihen came West, took up his rsaidiBaoe in Bavenna, and soon gnim^d an honorable position at the bar. He was Prosecuting Attorne>' in 1819, a Tnember of the Legislature in 1820-22, was in the Ohio Senate 1822-24 and 1826-28, and represented the Fifteenth Cangressional District in the United Statss House of Bepresentativsa from 1833 to 1837. From the commencement of Mr. Sloane's residence in HnviMinn. he was the general agent of the Tay^pan family for the sale of their lands in this section, which position ho hold many years, and by means of which he became well and favwably known to moat of tlm early settlers, being always lenient and obliging to those who pprohased land of him. Hp toolc an active pnrt in obtainincr the charter of tbo Ponnsvlvania & Ohio Canal, and the succL'ssful completion of this then important pablic work was greatly due to bis intiueace and efficient efforts in its behalf. At <h« eKpintkm of Ma aeeoiid term in CkmgrMB he g;iye np the praetiee of law, and gradually withdrew from business life. He never married, and physical infirmities gfrowing upon him, he retired from society many years before his death, which occurred April 25, 1854, always relishing, however, the visits of his old friends and asaoeiatee. Mr. Sloane poeeeeeed none of the graces of oratory, but daring his prime be iras a forcible, energetic advocate, and a sonnd and able counsellor, achieving the diatinotion of being the best Ohanociy lawyer on the Western Beserve.
Oen. Imdns V. Bieroe oomes next in the order of time. He was a nativs of Litchfield Oonnty, Conn., but came to Ohio when young; graduated from the Ohio University at Athens, where he subsequently studied law, and was admitted to the bar at Ravenna in September, 1825. Oen. Bierce became quite distingniflhed aa a eriminal lawyer thronghont northern Ohio, and was Itoso cnting Attorney of Portage County from 1820 to 1839. He remained in Ravenna until October, 1851, at which time he removed to Akron, where he followed the practice of his profession until his death, about ten yearn ago. From 1862 to 1864 he represented the Twenty-sixth Senatorial Disteiet in the Ohio Assembly, and held various other offices. He was twice married, but left no children. He devoted considerable time to writing historical sketches of the Western Reserve^ exhibiting coosiderable taste and ability in literary pursuit:}.
At the dose of 1825 we find bat three resident attorneys in what is now Portft^^e County, vix.: Darius Lyman, Jonathan Sloane and Lucius Y. Bierce. But there were a numl:>er of visiting attorneys who practiced regularly at this bar from the time the county was organized, among the most prominent of whom might be mentioned John 8. Bdwarda, Robert S. Parkman, Elderldn Potter, Calvin Pease, Thomas D. Webb, Peter Hitchcock. Bonjamin Tappan, John C. Wright. Elisha Whittlesey, Reuben Wood, Van R. Humphroy. Cleorge
D. Norton, Andrew W. Loomis and a Mr. Metcalf, all of whom won their way to high positione. Among later yisiting lawyers we find Gregory Powers, D.
William Tomer was admitted to the bar in Ravenna in January, 1828, and abont the same time John Pearson -opened an crfBoe in the Tillage. Tomer was a fine classical scholar, and after many years' practice removed to Woo.^iter, abandoned the profession and subsequently died in Cleveland. Little is remembered of Pearson, who did not remain long in this county.
William S. O. Otis was also one of the pioneer lawyers of Portage Oonnty. He came to Ravenna at an early day, and was associated in law practice with Hon. Jonathan Sloane, under the firm name of Sloane &, Otis. Through h'pjal ability Mr. Otis attained to an eminent position at the bar in Portage and snmranding ooonties. He removed to Akron and afterward to Oleveland, and became somewhat famous as a railroad lawyer, devoting most of his time to that branch of practice. Mr. Otis diet! in (Mevpland a few vears Rrro. A more exhaustive sketch of this gentleman will be found among Ravenna Township biographifift.
Hon. Rufus P. Spalding was born at West Tishury. ^fass., May 3. 1798, graduated at Yale College in 1817, read law in the office of < "tii<>f Justice Zephaniah Swift, of Connecticut, and was there admitted to practice. In 1820 he opened an office at Little Rock, Ark., but after remaining there a year and a half, returned Kmi and locHted at Warren. Trumbull Co., Ohio. He continued the practice of his profession at Warrou until 1838, when he removed to Bavenna, wbeiro h« soon became leoogniaed as a leadins attorneT, and represented Portage County in the Ohio Legi.slature from 1839 to 1840. In the Inftor year he remt)ved hi Akron, and in 1841-42 served another term in the Legislature, representing the new county of Summit The General Aawmbly of 1848-49 eleoftad him a Judge of the Supreme Court of Ohio^ for the term of seven years, but through the Constitution of 1851 the ofSce became elective by the people, and his term thus expired after three years' service. On leaving the bench he removed to Cleveland, and in October, 1862, was elected, aa a Bq>iibIioaii, U> GoogrMs, re-eleotod in 1864 and again in 1866. Upon the expiration of his third term he returned to the practice of law. He haa been twice married, three children surviving from the first marriage. Judge Spaulding, though yet living in Cleveland, has not been engaged in active praetiee for aome years, aa he ie nofw (March, 1885,) within two months of being eighty seven jeaia old Aa a lawyer tad atateeman he adiieved a wide reputation. He possessed in his prime a profound knowledge of the law, great power as a debater, and the ability of strongly impressing both courta and jariea, while his dignified appearance and ff*fi*f*«^ heightenwl the effeet of his arguments.
Hon. Daniel R Tildpn wrh bom in Lebanon, Conn., in November, 1807, came to Ohio about IbiiO, studied law with liufus P. Spalding at Warren, Ohio, and waa there admitted to Che bar in 1837. The same year he entered into partnerahip with his preceptor, and in 1838 both came to Ravenna, opened an office and remained in law practice together until 1839. In 1839-40 he waa a member of the law firm of Sloane & Otis, and from 1839 to 1844 was ProBecnting Attorney of this county. About this time he went into partnership with John L. Ranney, nnder the firm name of Tilden dc Ranney, which con* tiniied until his removal to Akron in ISoO. He practiced his profession in Alcron until 1852. when be removed to Cleveland. Mr. Tilden was elected to Congress from the Portage District in 1842, re-elected in 1844 and served nntii 1847. Soon after aettling in Cleveland he was eleoled Probate Judge, and at the close of his present term will have held the position thirty-tliroe years. During all the years of Mr. Tilden's legal practice, he sustained the reputation of being an able advocate, a good lawyer and an honorable member vi the proftaaion. As a legialator he was loyal to hia ownoonviotionaof rights and the best interests of his constituents.
John L. Ranney was lx)rn in Blandford, Mass.. November 14, 1815, and in 1824 his father removed with his family from the £ast, to Freedom Township, Portage Oa, Ohio. The edneational adTantagea of John L. ware limited to the common schools, and a brief academic course. He read law in Jefferson, Ashtabaln County, with his brother Judge R. P. Ranney and Senator B. F. Wade. After being admitted to the bar, he settled in Ravenna, and soon after formed a partnerahip with Daniel EL Tilden, under tiie firm name of Tilden & Ranney. This law firm continued businens until Mr. Tilden*a removal to Akron in 1850. Sub8oqiu>ntly the firm of Ranney & Taylor was organized, and later the law firm of J. L. & H. 0. Ranney, which coutinued until Febru* ary 22, 1866, the time of J. L. Banney'a dea^ He waa the Demooraiio candidate for CScmgreea in 1858, and was President of the First National Bank of Ravenna from its organization to the close of his lifp. If notsodistinf^niphed as his brother. Judge Rufus P., he may be safely classed among the leading lawyera ot hia time in this eoonty. He waa a geotlenum of hi|^ intelligenee, strict integrity and nntiring indnatiy in the proaeeation of ms profoaaional labora.
£b«nezer Spalding coiue from Connecticat to Baveuna abont 1840, where h» engaged in the praotiee of law. He was Clerk of tbe Court of Common
Pleas from 1852 to ISnT), and enbsequently fo!lowe<l his profeefiion until November, 1861, when he removed to St. Loois, Ma, where he died in Aogast, 1860.
Hon. Kobert F. Paine studied law with Daniel K. Tilden, was admit-ted to t»raetiee, and opened hie fintofflee at Garrettoville^ wlienee in Mardi, 1840, he came to Kavenna. He represented Portage County in the Ohio Legislature in 1844-45, and wan Prosecuting Attorney in 18 1ft 48. In the latter year he removed to Cleveland, where he was subsequently elected Judge of the Court of Common Pleas. If not profound, Judge Paine is adroit aM eaooeeafiil aa a jury lavTyer, and has won and retained a laige practice at the Cleveland bar, of which he is Btill an active member.
Hon. Ezra B. Taylor was born in l^elson Township, Portage Co., Ohio, Jnly 9, 1828. He ae^red an aeadMnfe edneation, and atadied law. at Qarlet^ille with H(m. Aobert F. Paine. After his admission to flke bar, in August, 1845, he omnmenced practice in Garrettsville, whence he removed to BaTenna in 1847, and for some years was the partner of John L. Ranney. He waa Prosecuting Attorney in 1856-58, and for many years was recognized aa one of the leading lawyers of the Portage County bar. He removed to Warren in 1801, was appointed Judge of the Court of Common Plea«, vice Judge Servis, deceaseci, and in October, 1877, elected as his own succesBor. In September, 1880, he resigned the Judgeship, and the same fall was elected to Congress by the Bepnblioan party, and baa been twice re-eleotedf being now in his third term.
Hon. O. P. Brown was Ixjrn in Onondaga County, N. Y., Marcli H. 1817, and in 1829 removed with his parents to SL Catharines, Canada, and the following year to Aahtabola Cbonty, Ohio. He received a good common aehool education, and taught for several winters to assist him in completing his higher scholastic and profesBiona! studies. At the age of twenty ho entered the law office of Wade 6u Hanney in Jotferson, Ohio, and read with this cele* brated taem until 1889, when be waa admitted to practice. He immediately opened an ofiSce in Chardon, Qeauga County, and was soon regarded as a rising young man of fine promise. While at Chardon he assisted in establishing the Jefferaonian Democrat^ which he edited one year. In the fall of 1850 he ran asainat Hon. Peter Hitchcock for a seat in the Conatitntional Convention, and after a aplendtd campaign waa defeated by only 180 votes. In 1852 he removed to Ravenna, and formed a partnernliip with Samuel Strawder. He waa the first Mayor of Kavenna, elected in 1858, and re-elected the following year. He waa uie State Senator from the Ftotage-Snmmit IMstrict in 1866> 68, and in September of tbe latter year was one of the Republican candidates in this district for Congressional nomination, and on the twenty-second ballot received exactly half the votes of the convention, but after the next ballot he witbdiW from the contest In the fall of 1868 be waa elected Probate Judge of Portage Cotinty, and took his office in February, 1864, but disease had laid its heavy hand upon him, and being unable to attend to his official duties, he resigned on the 9th of May following, and died June 25, 1864. Judge Brown waa a genial man d fine natural endowmente, and highly gifted aa a popalar tpeaktr. Bising at timee to true eloquence, he then exhibited great powers of persnasionf and prodnoed a marked eneefc upon his andienoe. He was at onoe the champion of temperance and freedom^ and did all in hia poww to atem Uie
Uuu. Philu B. Conant, though yet an active member of the bar, has been BO long and prominently associated with it that he can with proprietr be elaaaed among its later pioneers. He was bom in Windham Township, Portage Co., Ohio, Angnut 3, 1837; studied law with a maternal uncle, Alexander Bierce, in Canton, Ohio, and was admitted to the bar in Ravenna in 1850. He began practice iu 1853, and in 1800-^2 served aa Prosecuting Attomev. In 1867 he was elected to the State Senate, but reaigned in Angoat, 1868, to acco}it tho Common Pleas Judgeship, in which position he served ten years. Judge Conant is recognize<l m a lawyer of good abilities, and both upon the bench and at the bai- has over been guided by conscientious convictioos of Joatioe and right Upon retiring from the bench in October, 1878, he reaomed the practice of bis profession, in which he has since been actively engaged.
Joeeph D. Horton was born in Randolph Township. Portaffe Co., Ohio, January 3, 1833. For several years he lived iu Nelson Township, there enjoyed brief academio adTantagea, and followed teaehing a abort time^ In 1853 he entered the law office of Rannev &. Tavlor, in Kavenna, and waa admitted to the liar in 1855. Soon after his admission the firm of Taylor & Horton was formed, and subsequently Judge Luther Day became a member of the firm, whidi aa Day, Taylor & Horton, euated three yaank The old firm of Taylor & Horton was then resumed, but subsequently took in John Meharg, who, however, retired from the firm upon taking the office of Clerk of the Court of Common Pleas, but which he again entered in 1882. Mr. Horton died September 14, 1882, after a profeesional experience of twenty-aeven yeara. Ho was Proeecnting Attorney in 1858-60, and again in 1880-82. Ha waa Mayor of Ravenna several terms, and during the early part of the war waa Military Commissioner of the county. Ho represeutf^d Portage County in the Conatitetional Convention of 1878, ranking as one of ita ableet members. In hia pfofeaaional life, Mr. Horton was engaged in nearly every (Mmntnent trial, and among the members of the bar his conclusions and opinions npon pointa of law were iisually accepted as sound. As an illustration of the position he ooenpied in hia profenion, the following anecdote is told by one who knew him walL Some years ago a group of lawyesa were discussing a knotty point of law, and none could clear it up. "There comes Horton," said Judge Taylor, *'a&k him, he knows more law than all of us." This frank expression of Judge Taylor^a aCMM to be tiw opnion of neariy every lawyer who knew IfE. Horton, for his aeaiatanoe waa goierally eonght whenever intricate qneationa were involved.
D. Etarria, Jr., one of the founders of the paper. He conducted the Sentinel until the close of 1857, but during this time bad read law and was admitted to the bar. In 1803 the hrm of Hart & Heed was formed and lasted ten years. Bilr. Hart soon gained a prominent }x>8ition at the bar, was Proseonting Attor> ney firom 1862 to 18(55, State Senator iu 1864-66, and again represented this district in the Ohio Senate in 1872-74. He was the Presidential Elector from this Congressional district in 1872, and cast his vote for Grant and Wilson. In 1873 he was elected Lieutenant-Governor of Ohio, and in that year removed to Olevelaud. He afterward went from Cleveland to Hillsboro, ObiO| where be was elected to Con<^ross Daring his term in Congreae he waa reoogniaed aa a sound thinker and an able, ready debater.
Bistort Op Fortaqb Oodkty
Among the attorneys who have been members of this bar in the past are Samuel Stravder, Lyman W. Uall, F. W. Tappan, Aicbibald ServoBs, N. L. Jeffries, E. Ferry, H. H. Willwrd, J. "W. Tyler, O. W. Strong, Edward P. Baasett, Lester L. Bond, J. S. Hinman, JaiiieB Hall, B. F. Cortiss, William Mc* Clintock, H. B. Foster, G. F. Brown, L. D. Woodworth, H. C. Ranney, J. Crowell, O. A. Taylor, C. W. Leffingwell, J. G. Hole, A. W. Beman, H. A. Waldo, J. H. Terry, E. L. Webber, S. R Fink, B. W. Stuart, Will Pound,
The present bar of Portage County embraces twenty -nine attorney b, some of whom, however, are not very actively engaged in the profession. The lawyen of BaTsuna ore Philo B. Oonani, Miehael Stuart, William B. Thomaa, Cornelius A. Reed, John Meharg, Androw Jackson, Gideon Seymour, John Porter, George F. Robinson, David L. Rockwell, Seth D. Norton, Isaac T. Siddall, Bradford Howland, John H. Dussel, Augustus S. Cole, James H. Kiefaola, laaae BL Phelpa, Orion P. Sparry, Arthur E. Beaton, Mark W. Phalpa and Jamee W. Holcomb. In Kent there are S. P. Wolcott, O. S. Rockwell, W\ W. Patton and T. W. Peckinpaugh. In Garrettsville we find O. S. Ferria» £. W. Maxson and B. S. Webb; and C. D. Ingell, at Mantua Station.
B. F. Pitman, Ezra Rose, E. AVarrington, A. W. Alcorn, C S. Leonard and F. Jb'. McCreary. After their names were recorded they at once proceeded to the election of officers, with the loltowing remit: Dr. P. O. Bennett, President; Dr. A. Belding, Vice Pieeideni; Dr. F. F. McCreary, Secieiary; Dr. C. S. Leonard, Treasurer. The several committees were then appointed, and Dr. P. Barron admitted as an honorary member, after which the society adjourned to meet at Ravenna, January 27, 1867. On that date Drs. Joseph Price, F. C. Applegate and W. S. Hough were admitted to membership. Dr. Isaao Swift, who located in Ravenna in 1815, was made an honorary member the same day, and at the succeeding June meeting Dr. Joseph DeWolf, who opened an office in Bavenna in 1810, was also admitted to an honorary membership.
The officers of the society eleeted each Jane since 1866, have bean aa follows: 1867 - Dr. A. Belding, President; Dr. Joseph Price, Vice-President; Dr.
The principal object of the aociety ia to attmnlata and ancoorage the dissemination of medical scienco amnn^ its members, and ro control their mode of j)ractice as to bring it within the code of medical ethics usually adopted by the societies of the "regular'' school of medioina The most important feature of such societies ia the intarobaoge of thonglit and diaenasion which takes place hotween the members at their meetings. Any strange or difficult casoB tliat may have come under their observation are reported and discussed, and opinions exchanged as to the most succeesful mode of treatment to be followed. A walKoondiicCed medical society thna beoomea a training soltool for tlie profession, and the meetings are looked forward to with much pleasure and interest. The greater number of the "regular" phypi'cians of this county have belonged to the Portage Ck>unty Medical Association at some period of its existence. Some haye died, othera have removed from the coonty, and etiU others have severed their connection with the sociefy, and no longer take any interest in its doings. The society, however, is continually receiving new members, and is now in a flourishing condition. It contains at this writing (March, 1885,) twenty two membara, whoae namaaare aa followa: Dva. Joseph Waggoner, A. W, Aioorn, C. S. Leonard and B. B. Laughead, of Eavenna; Drp A. M. Sherman, J. W. Shively, E. W. Price and J. D. Davis, of Kent; Dr. £. Warrin^on, of Atwater; Drs. Joeeph Price, H. O. Frazier and C. S. Hiddleson, of Bandoiph; Dra. W. O. Smith, L. 0. Boae, William Jenkins, and B. B. Davis, of Palmyra; Dr. F. C. Applegate, of Windham; Dr. Seih L. Sloan, of Freedom; Dr. George M. Proctor, of Shalersville; Dr. Charlee A. May, of Streetsboro; Dr. W. H. MoConnell, of Brimlield, and Dr. H. B. Spiers, of Edinbur^ In 1866 and 1867, tiie meetings of the society ware aemi-annual, in 18^, quarterly, but ever since the latter year they have been monthly, and are pcodootiTe of great benefit to the membera of the aaaodatioiL
Provenance
Text from History of Portage County, Ohio. Containing a History of the County, Its Townships, Towns, Villages, Schools, Churches, Industries, Etc; Portraits of Early Settlers and Prominent Men; Biographies; History of the Northwest Territory; History of Ohio; Statistical and Miscellaneous Matter, Etc., Etc. .., published 1885, in the public domain in the United States and digitised by the Internet Archive.