Preble County, Ohio - Chapter 17: The Preble County Bar., 1881 (part 1 of 2)

PRELIMINARY to any account of the members of the bar of Preble county, it would not be out of the way to notice the organization of the courts. From the records it appears that the first court of common pleas held in Preble county convened at the house of Samuel Hawkins, in the town of Eaton, on the twenty-third day of August, 1808. Hon. Francis Dunlavy, of Lebanon, was the president, and James I. Nesbit, John Merony, and John C. Irvin, associate judges; Alexander C. Lanier, clerk fro zem: Samuel Mitchell, coroner and acting sheriff.

The following are the names of the first grand jury empanelled in Preble county: John Halderman, George Maxfield, William Milner, Simeon Van Winkle, Smith Charles, Hezekiah Hardesty, William Goodwin, Hezekiah Phillips, James; White, Henry Kisling, John Pottenger, William Sellers, Isaac Patton, Samuel Holliday, John Ware.

At the time this court was held there was no attorney resident of the county. In fact, it was several years thereafter before one was located here. Attorneys from Dayton, Lebanon, Hamilton, and Cincinnati, usually came here with the courts, attended to the business of thé term, and returned to their respective places of abode. No records exist from which a catalogue of such attorneys could be derived. The following, among others, are remembered as pretty constant attendants at the courts of this county, viz: Joseph H. Crane, Henry Stoddard, Peter Odlin, Geo. B. Holt, Thos. Ross, Jacobus Halleck, John Woods, Nicholas Longworth, Jacob Burnet, Joshua Collet, Warren Munger, Joseph H. Benham, John McLain, Charles Hammond, and others. These names present an array of legal talent and forensic ability that will compare favorably with that of any other equal number to be found in any other state in the Union. Nearly all of these lawyers acquired national reputation; and it is not too much to say, that some of them, at least, occupy the very front rank in public estimation, as to talent and ability as lawyers, orators, and statesmen.

John A. Daley, esq., mentioned in another place, in the history of the newspaper press of the county. The next member of the bar claiming our attention is

Davip F. HEATON, ESQ., who was born in Mason county, Kentucky, on the thirtieth of June, 1792. Nothing is known of his parents, except that they were emigrants from the State of New Jersey but whether natives of that or of one of the more eastern States is not known. Itisto be inferred from the subsequent career of Mr. Heaton, that his parents were not blessed (or cursed) with a superabundance of this world's goods, but they were at least able to give him such an education as the very meagre facilities of that day furnished. When it is remembered that during his childhood and youth, almost the entire State of Ohio, together with the whole of the Northwestern territories, comprising the States of Indiana, Illinois, Michigan, and all beyond the great * Father of waters," was an unbroken wilderness, where roamed the wild elk, buffalo, deer, wolf, and the equally wild and savage red man, it will readily be understood that schools, and means of instruction in the liberal arts and sciences, were few and imperfect.

In early life Mr. Heaton was apprenticed to the tailoring business, which occupation he followed only a few years. When about twenty years of age he went to Franklinton, Ohio, and opened a shop for the prosecution of his trade. He had not long resided at that place, however, when he was offered a position on the staff of General McArthur, commander of the troops called into the service of the United States during the War of 1812 with Great Britain, and attached to the Northwestern army. This was in the year 1813, or beginning of 1814. He made one or two campaigns in the Northwest during that war, undergoing all the dangers, hardships, and suffering incident to a campaign in the wilderness, and swamps, and fastnesses, over which the armies had to pass to strike the enemy. A few - alas! how few - of the participants in those fatiguing and dangerous exploits yet linger amongst us, and only they can understand and appreciate the hardihood, endurance, heroism indeed, required to achieve what was accomplished by the Northwestern armies during that war.

From the fact that immediately after the war Mr. Heaton located himself at Lebanon, in Warren county, it is conjectured that in his campaigns he made the acquaintance and formed intimate friendships with some of the leading men of that then prominent place. Here he engaged in the study of law, in the office of the late Thomas Ross, esq., who was at that time, and ever afterwards, one of the leading lawyers of the State. He had for a fellow student the late Governor Thomas Corwin, who read law at the same time and under the same preceptor. About the close of the year 1816, or beginning of 1817, Mr. Heaton was admitted to the bar, and soon afterwards located at Eaton to practice his profession.

Anterior to the settlement here of Mr. Heaton, all the legal business in the courts of the county was transacted by members of the bar from adjoining counties The courts of that day, be it understood, were quite different from those of the present day. Courts at that day were held by a president or circuit judge, and three associates. 'The circuit judge was elected by the legislature, and was uniformly chosen on account of his erudition as a lawyer, and his urbanity and dignity of deportment. The associate judges were chosen by the legislature, also, and were generally the best informed, most sensible, and most highly esteemed farmers or mechanics of the county. For many years after the organization of the county, the courts seldom, if ever, occupied more than two or thr»e days at a session or term. The business of the term was judiciously arranged and. transacted promptly. The judges not being dependent upon popular elections for their places, were not careful to conciliate votes rather than a faithful and diligent discharge of their duties.

On the nineteenth day of September, 1817, as appears upon the records of thé court, David F. Heaton was appointed prosecuting attorney for the county, and on the seventh day of September, 1818, the board of county commissioners granted him an order upon the county treasury for fifty-three dollars and thirty-three cents, to compensate him for his services for one year. Mr. Heaton continued in the office of prosecuting attorney, by re-appointments or election, for some eight or ten years. The office at that day was not lucrative, but was desirable only as an endorsement and recommendation, so to speak, for other legal business.

On the thirtieth day of April, 1818, Mr. Heaton was married to Miss Celia Coggswell, daughter of Dr. Coggswell, of Kentucky, and sister-in-law of Dr. Walter Buel, then a citizen of Eaton. Miss Coggswell was a beautiful, refined, and highly accomplished young lady, and was universally recognized and spoken of by the people of that day, as of surpassing beauty of person and loveliness of character. She, however, lived less than a year after marriage, and died March 10, 1819. Mr. Heaton's second wife was Miss Mira Shannon, of Lebanon, Ohio, to whom he was married, in the month of November, 1820, and with whom he lived fifty-one years.

At the October election, in the year 1824, Mr. Heaton was elected a member of the senate of Ohio, from the district comprising this county and all the counties on the north of it to the Michigan line. In 1827 he was elected a member of the house of representatives from this county, and in 1828 was again elected to the senate, to which he was re-elected in 1830, thus serving six years in the senate, and one year in the house of representatatives of the legislature of the State. He always took an active interest in the politics of the country, and wrote many able articles for the papers in advocacy of his particular views. He was an ardent admirer of Henry Clay, and was earnest and untiring in advocacy of the claims of the Great Commoner to the Presidency in 1824. Being of an active, persistent, and earnest nature, he was able to impress his particular views and opinions, to a very marked extent, upon the people with whom he came in contact. His unbounded admiration for Henry Clay, and his views of governmental policy, were consequently to a large extent propagated among the then citizens of the county; and it is not too much to say that the continuous ascendancy of Whig and Republican principles in this county is very considerably attributable to the efforts, at that early day, of David Heaton.

In the legislature he was a diligent worker, ever striving to carry forward measures for the advancement of the interest of his immediate constituents, and of the State at large. Many leading and important State roads, traversing the then almost unbroken wilderness of the northwestern counties of the State, owe their existence to the foresight, energy, and diligent labors of Mr. Heaton. "These roads, thus opened up by the bounty of the State, became avenues for emigration and forerunners of civilization.

About the year 1836 Mr. Heaton removed to Washington city. For some two or three years previousiy he had passed most of his time in that city, whilst his family still remained here. Prior to the removal of his family, he had received an appointment to a clerkship in the land office department of the general Government, and was assigned to the bureau of Virginia military land claims. He remained in this position until 1845, when he returned to Ohio, taking up his residence at Portsmouth, in Scioto county, where he again resumed the practice of his profession. Whilst in the land office department at Washington, he became thoroughly conversant with the laws and rules regulating land titles in the Virginia military land district, and was thus enabled at once to enter upon an extensive and lucrative practice in Scioto and adjoining counties. In the year 1838, whilst residing in Washington city, he had been admitted to practice in the several United States courts.

Mr. Heaton died at Portsmouth on the third day of November, 1871, in the eightieth year of his age. One son - Leonidas Heaton, esq., of Portsmouth - and his wife survived him.

Lawyer Heaton was below a medium size - indeed might be called small in person, not weighing, in the prime of life, above one hundred and twenty-five to one hundred and thirty pounds. He was a symmetrically proportioned man, muscles well knit, straight, elastic, and active asa cat. There were but few men of his day who could outrun him, or beat him leaping, or throw him in a wrestle. He was very fond of feats of activity, and delighted in gunning and the sports of the field and forest. In his personal habits, he was fastidiously neat and particular, and it was a very rare occurrence to find him, at home or abroad, alone or in company, in slovenly attire. He was extremely social in disposition, fond of jokes and hilarity, and an excellent conversationalist. In his youthful days, it was the prevalent fashion for men of any pretension to wear their hair in a cue, which style he adopted, and adhered to it for many long years after the custom had been abandoned by all others. The style was very common during and directly after the close of the War of 1812, but has long since entirely disappeared. There are, perhaps, a few persons yet alive who remember to have seen Mr. Heaton, Judge Holt, and perhaps one or two others, at the Eaton bar,

David F. Heaton, esq., saw and knew, and was an active participant in the wonderful and amazing progress of the State of Ohio for a period of about sixty years. When he arrived in the State, no more than sixty years prior to his decease, its population, confined mostly to its southern and eastern borders, but little exceeded one hundred thousand souls, and at the day of his death was but little short of three millions - increasing almost thirty fold in that short period. In material development, and the advancement of all the arts of civilization, the progress was still more marked and wonderful. Those who have lived long enough to compare the present condition with that of sixty years ago, can appreciate the tremendous development that has been wrought by the busy hands and earnest purpose of the hardy pioneers of the west.

CEPHAS D. Morris, EsQ. - On the thirtieth day of June, A. D., 1821, Cephas D. Morris was admitted to the bar, as attorney and counsellor at law, by the supreme court setting for Preble county. Nothing is known of his history.

Jones A. MENDALL. - On the twentieth day of June, A. D., 1823, Jones A. Mendall was admitted to the bar, etc. Mr. Mendall was a native of the State of Connecticut, born about the beginning of the, present century. He was a ripe scholar, a graduate, it is believed, of Yale college, and of uncommonly bright intellect. He came to this county, and taught schoolin the neighborhood of Judge Van Ausdal, in Lanier township, during the winter of 1820-21. His superior ability and qualifications as a teacher very soon attracted the attention of the people throughout a wide scope of country; and the result was that he very soon had a large class of young men in his school, earnest seekers after knowledge, gathered from various parts of the county. Mr. Mendall was so popular as a teacher, that his patrons insisted that he should teach a second term the next winter (1821-22). He was patronized in this second school by most of the same pupils that attended the first one, with several additional young men. No more successful school was ever taught in the county; and there yet linger, here and there, some of the old boys who look back with delight upon the time spent under the tutelage of Master Mendall.

In the summer of 1821, whilst reading law in the office of Lawyer Heaton, Mr. Mendall was prevailed on to take a class of thirteen boys, from the ages of twelve to eighteen years, instructing them in Latin and Greek and English composition. This class was conducted in one of the upper rooms of the old courthouse. The teacher was most diligent in his duties, and the pupils, without an exception, made most rapid progress The following are the names of the members of this class, so far as now remembered, viz: John VanDoren, John VanAusdal (son of Judge Peter VanAusdal) William Worthington, Jacob Monfort, John L. Bruce, Newton Larsh, Thomas J. Larsh, Joseph S. Hawkins, George Miller, Felix Marsh, Harvey Buell - the only one of whom now living is Thomas J. Larsh, esq.

Before his admission to the bar Mr. Mendall made a journey of exploration into the States of Indiana and Illinois, being absent several months. Soon after admission he again went west, and it was reported that he located in one of the Wabash counties. He never returned to this county, nor was any authentic information received from him. As his health was rather delicate, and he was somewhat reckless in his habits, it may reasonably be conjectured that his life was not long.

Lazurus MILLER, esq., a native of Greene county, and who had read law and been admitted to the bar at Xenia, Ohio, came to Eaton late in the year 1821, and established himself in the practice of the law. He was at that time quite a young man, perhaps not above twentytwo or twenty-three years of age, and unmarried. The profession of law at that date was by no means a lucrative one. Mr. Miller very soon secured a reasonable share of the sparse business of the courts, and won the confidence and esteem of the communuty.

On the second day of January, 1823, Mr. Miller was married to Miss Fanny Buel, daughter of Dr. Walter Buel, the first physician located in Eaton.

On the twenty-ninth day of October, 1824, the county commissioners appointed Mr. Miller to the office of auditor of Preble county, to fill out the unexpired term of John G. Jamieson, esq., who, having been then recently elected to the State senate, had that day resigned said office of auditor. He immediately entered upon the discharge of the duties of the said office, and also continued in the practice of his profession. At the October election, 1826, he was re-elected to the same office, for the term of two years from the first Monday of March, 1827; and at the October election, 1828, he was again re-elected to the same office for the term of two years from the first Monday of March, 1829.

During the whole period of his occupancy of said office he performed the duties thereof promptly, efficiently, and to the entire satisfaction of the public and those having business therewith. Having been elected at the October election, 1830, a member of the house of repsesentatives in the legislature of Ohio, he thereupon resigned the said office of auditor, and John C. McManus, esq., was appointed to fill out the unexpired term until the ensuing March. Having served in the legislature during the session of 1830-31 acceptably to his constituents he was re-elected to the same office, October, 1831. Asa legislator Mr. Miller was laborious and efficient, prompt in attending to the interests of his constituents, and securing the confidence of his colleagues.

At the October election in 1832, he was again elected to the office of auditor of the county, his term to commence on the first Monday of March, 1833, and was continued in said office by subsequent re-elections until the first Monday of March, 1841, when he was succeeded by Hiram Jones, esq., who had been elected to said office at the preceding October election. Subsequently Mr. Miller was twice appointed to the office of postmaster of Eaton, but on account of political complications, and perhaps personal animosities, he was each time removed after a few months incumbency. Mr. Miller was a very active and zealous politician, and after a few years service in public offices paid but little attention to the practice of his profession. He was ardent, sagacious, incisive, persistent and tireless as a politician; and perhaps few men in the county ever wielded a greater influence than he did when at the summit-of his popularity. He had many friends who were warmly attached to him, and toward whom he was equally devoted. He was esteemed a faithful friend and an unrelenting foe.

Some little time after' being removed from the post office the second time, which occurred-under the Tyler administration, Mr. Miller left this county, and removed with his family to Warren county, Indiana. He was in his new home not above a couple of years until he was elected auditor of that county. He was retained in said office until his death, which occurred some three or four years after his first election.

Joun C. McManus, ESQ., who was the third attorney at the Eaton bar, and really the second one permanently located here, was born in Franklin county, Pennsylvania, near the city of Chambersburgh, on the twelfth day of March, 1787. His parents came from Ireland only a year or two prior to his birth. The Northwestern Territory at that time presenting great inducements to emigration, his parents left Pennsylvania when John was not above five or six years old, and located in one of the eastern counties of Ohio, perhaps Carroll or Trumbull. Here young McManus, eager for the acquirement of knowledge, availed himself of every facility within his reach for the attainment of an education; and so well did he profit by the meagre opportunities presented that at the early age of nineteen years he received an appointment from the Government to survey a district of public lands in the then Territory of Illinois. On the completion of this engagement, say about the year 1808, he went to the village of Schenectady, in the State of New York, at which place there then existed an academical school of some repute, where he remained long enough to complete his classical studies and also to read law. He was called to the bar early in the year 1812, and soon thereafter returned to the west and located at the growing city of Cincinnati, for the purpose of engaging in the practice of his profession. The young and ardent patriot had not been long in this new field of enterprise until the surrender of General Hull, at Detroit, aroused the zeal and ambition of the young men of the western country as perhaps no other event could have done; and it soon found him enrolled as a volunteer in a company of mounted riflemen, organized at Cincinnati for the Northwestern army. He had scarcely got into the field of active service until his superior business qualifications attracted the attention of his commanders, and he was at once employed in the office of the adjutant general; and for some time he served as adjutant of his regiment. During the succeeding year, he was upon the regimental or brigade staff, either in the adjutant's or quartermaster's departments, and acquitted himself to the entire satisfaction of his superior officers and with credit to himself.

year 1814, Mr. McManus located at Hamilton, Butler county, and again engaged in the practice of law. Whilst here, in common with other members of the bar, it was his custom to "travel the circuit," attending the courts in this county, as also those in Warren, Montgomery and other counties of the district. This was a laborious and by no means lucrative phase of his professional career. The attorney of that day who travelled the circuit was compelled to go on horseback, there being no such thing known as a public conveyance, and the roads for the most part being impracticable for private carriages. It was then a hard day's travel, for both horse and man, to make the journey from Hamilton to Eaton, often consuming part of the night as well as of the day. There was no great amount of litigation in any of these sparsely settled counties at that day, and it was not every attorney who got even a single fee at every court which he attended.

In February, 1815, Mr. McManus was married to Miss Catharine Miley, whose parents resided near the Miami river, about midway between Hamilton and Middletown. He continued to reside in Hamilton, pursuing his professional labors, until the year 1818. In the spring of that year he removed to Eaton, being the second attorney located in the county, David F. Heaton, esq., having preceded him by less than a year. It is true that John A. Daley was also temporarily here before Mr. McManus, but it is doubtful whether he ever engaged in the practice of the law here; atany rate he was here but a short time.

At this time Mr. McManus remained here only about a year and a half, when the death of both the parents of his wife made it necessary for him to return to Butler county, to take care of the farm and settle the estate and business of his deceased father-in-law. In the spring of 1823, he returned to Preble county - this time locating himself in the unbroken wilderness of Jackson township, just on the western border of the "Rich Woods," on the same farm on which he continued to reside the remainder of his days, and which is yet occupied by his aged widow. Few people of the present day can appreciate the amount of labor, deprivation, suffering, self-sacrifice, and stern endurance involved in the opening up and establishing of a home in the heavy forests with which this county was originally covered. When he located on this farm, there was not "a stick amiss" - no road to it - no neighbor near it - no attraction about it but the prospect of making a home, where he might rear his family in credit, and pass the closing years of his life in peace. ' Mr. McManus being an excellent, practical surveyor, he soon found occasional employment in that line. As such, he located and surveyed a great many of the county roads which traverse the county in various directions. He also served in the office of county surveyor some five years or so, an& still continued to practice in the courts of the county. In the month of October, 1830, he was appointed by the board of county commis- .Sioners, to the office of auditor of the county, on the resignation of Lazarus Miller, esq., who had been elected a member of the legislature. In the year 1833, he was elected to the office of prosecuting attorney of the county, in which office he served but a single term, de- - clining a re-election. He was several times elected to the office of justice of the peace in his township, serving in that capacity some twenty years - seventeen of which were continuous, immediately preceding his death.

Esquire McManus died on the twenty ninth day of December, 1852, aged sixty-five years, nine months and fifteen days, and was interred in the cemetery near his residence, on the farm of Mr. William Frame. By his kindness of heart, uniform urbanity, and uprightness of conduct, he had gained the respect and esteem of all, and died much regretted.

Itis not our purpose to indite an eulogy upon the character of Mr. McManus. As one of the pioneer attorneys of the county, and of the west, he is entitled to a prominent place in the history of his times. As an attorney, he was far more learned in the law than brilliant as an advocate. His education was equal to that of any of his compeers, and he was always in the front rank of the advocates and promoters of common school education. He taught school for many winters subsequently to his location in Jackson township - not unfrequently teaching at à distance of three or four miles from his home, and walking the distance, back and forth, every day. Among his neighbors he was esteemed almost an oracle; and it is greatly to his eredit that he was frequently instrumental in reconciling misunderstandings between neighbors, settling difficulties, and suppressing litigation. .

A distinguishing trait of his character was his love of literature, displayed in endeavors to promote and disseminate education and knowledge among the rising generation. He let pass no opportunity to encourage the young in their efforts for improvement and the acquisition of knowledge; and was always ready to hear recitations, without fee or reward, of the young men of his acquaintance who were pursuing the study of the higher branches of learning, particularly in classic lore and the mathematics.

Mr. McManus' parents being Presbyterians, necessarily he was reared in that faith; but some few years before the close of his life he attached himself to the Methodist church, and continued a faithful and consistent follower of Christ to the day of his death, departing in full faith of a blessed immortality.

Hon. JosepH H. Crane. - Although this gentleman was never a citizen of Eaton or Preble county, but from the fact that he attended the first court ever held in the county, and was a constant attendant of the courts, and a regular practitioner at its bar, up tothe year 1817, and then for seven years president judge of the court of common pleas of the county, it is deemed proper to insert the following sketch, prepared by the late Judge Abner Haines, and published in the county papers in the year 1875:

Hon. Joseph H. Crane was born in the State of New Jersey, in the year 1778. His father was a Revolutionary soldier, and consequently an ardent Whig, in the struggle of the colonies for independence. He was badly wounded at the battle ot Monmouth, but lived to a good old age, and was peacefully gathered home, after having lived to see the country, for which he had periled his life, an independent and prosperous nation. Thus it will be seen that the subject of this sketch descended from a noble and patriotic ancestry. Mr. Crane received a collegiate education in his native state; where also he read law, and was admitted to the bar in the year 1798. Immediately thereafter he came to the then ''Northwestern Territory," and for a short period was located at Cincinnati, then an insignificant village on the bank of the Ohio river. He afterward located permanently at Dayton, Montgomery county, where he resided during the remainder of his eventful life. Dayton had then just been laid out, and contained but a few dozen families, and Mr. Crane was one of the first lawyers who settled in practice at that place. It was then scarcely a town, for its now broad and magnificent streets existed only on paper, and the site could only be traced by a line of blazed trees in the wilderness. The primitive forest trees then towered high over the locality, and extended their long boughs over the sluggish waters of the great Miami river. The natural scenery of the locality was grand and magnificent in the eyes of the hopeful young attorney from New Jersey, and the surroundings must have been delightful to him.

Mr. Crane was a diligent student, and by close application and the aid of a retentive memory, he became a fine lawyer - not so much as an advocate, but as a safe and judicious lawyer and practitioner. He was a thorough master of the science of pleading at common law, and consequently his forms were used as precedents throughout the circuit, and for many years he never missed a court in Preble county. Throughout the circuit he was as well known in one locality as in another, and wherever known he was greatly respected, not only by the profession, but by all with whom he associated.

As a correct business lawyer he had but few equals and no superiors in the State; but he was extremely moderate in his charges, and neglectful in his collections. He had a large practice, but derived a very small income from it in proportion to the amount of business he did. Other attorneys, with half the practice of Mr. Crane, received a larger income than he did. As he advanced in age he was looked upon as the father of the Miami bar. In all matters of professional etiquette he was the umpire, and to his decisions the bar yielded a hearty assent. His special care and supervision were parentally extended over the younger members of the profession throughout the circuit; and whenever he observed one in a tight place, either before the court or jury, he always came to his assistance with fatherly care and attention. This sort of interference on his part was borne by the bar without the least objection, as each one of them in turn had received the like fatherly care and attention from him on similar occasions. He was a generous coworker throughout the circuit for the young members of the profession, in giving advice and drawing up their pleadings gratuitously.

Crane was elected president judge of the district which comprised the counties of Montgomery and Preble, with others, and served on the bench many years. In that capacity he gave universal satisfaction, and as a jurist his decisions commanded respect throughout the State. He continued in this office until the year 1827, when he was succeeded by George B. Holt, esq. By changes in the judicial district, however, Preble county was not in Judge Crane's circuit during part of his incumbency, but was in that of Judge Joshua Collet.

At the October election, 1828, Judge Crane was elected a representative in the Congress of the United States, and took his seat in that body on the first Monday of December, 1829. He was re-elected to that office three times serving to the close of the Twenty-fourth Congress, March 3, 1837. He rated as a valuable member and safe counselor among the national representatives. He was not brilliant as an advocate or speaker, but a plain, forcible, logical; influential reasoner. A general scholar, he was not specially preeminent in any one thing; at the same time was weak in nothing. With an evenly balanced mind, his character predominated in all that was good and reputable among men. Where he was well known his great worth and character gave him as much weight before the court and jury as anything he could possibly say. Preeminently a good man, he commanded the confidence and respect of all persons with whom he associated. Possessing fine conversational powers, he delighted in the associations of his fellow men, and especially with members of the bar on the circuit. Wherever he appeared, his dignified bearing and manners gave a tone to society, and by a chaste and modest mien, he was an ornament to the profession. Open and candid in his manners, he detested anything mean, either in or out of the court room. Judge Crane in early life became a member of the Episcopal church, and died at an advanced age, at Dayton, Ohio.

In person Judge Crane was over six feet high, large and portly, of sanguine temperament and florid complexion. Although somewhat nearsighted in youth, his eyesight did not fail him in his declining years, and he never used glasses. Slightly bald, with a fine forehead, and medium sized brain, large and well proportioned, and courtly in appearance, he presented the true type of an American gentleman in every sense of the word.

MAJOR ALEXANDER C. LANIER. - Although Major Lanier was not an attorney at law, yet as having been one of the pioneers of Eaton, the first clerk of the board of commissioners of the county, and the first clerk of the courts, which office he continued to fill until he removed from the county in 1817, the same corsiderations that induce us to include Judge Crane in our sketches, also equally justify the following notice of Major Lanier:

Alexander Chalmers Lanier was born in Beaufort county, North Carolina, January 31, A. D. 1779. His mother's maiden name was Sarah Chalmers. She was nearly related to the Chalmers family in Scotland, of which Dr. Chalmers, the celebrated divine, was afterward a member.

was Thomas Lanier, a Huguenot of Bordeaux, France, who had been driven out of that country by religious persecution, near the close of the seventeenth century.

country to this in company with John Washington, or about the same time that he came. He. subsequently married Elizabeth, a daughter of John Washington, and ultimately settled in North Carolina. The colonial records at Richmond, Virginia, show several grants of land to Thomas Lanier, by the crown of England, in the counties of Brunswick and Lunenburg, in that state. In his native country he was a man of high social position, and possessed a large estate, a considerable portion of which he managed to bring away with him, although it i was confiscated by law. Lewis Lanier, a grandson of Thomas Lanier, and the grandfather of Major Lanier, married a Miss Ball, who was the sister of General Washington's mother. James Lanier, who was a child of this marriage, and the father of Major Lanier (his only child), was a planter. He was a cultivated. gentleman, energetic and public spirited, and took an active part in the war of Independence, serving through the whole of it as captain'in Colonel William Washington's regiment of light cavalry, which was particularly distinguished for its efficient service in some of the hardest fought battles of the Revolution. It may here be observed that many of the best men of the old colonial times were of Huguenot faith and descent. Their influence can be traced in the spirit of the Declaration of Independence, and their valor was conspicuous on many well-contested fields. Louis XIV, by his persecutions, drove the Huguenots from his kingdom, but their spirit returned with increased power from America to inflame the French revolution, which hurled his successor from his throne.

Major Lanier's father, Captain James Lanier, served in General Anthony Wayne's campaign against the northwestern Indians, which not only avenged the defeat of General St. Clair, but completely destroyed the power of the hostile savages, and for the first time gave peace to, and prepared the way for, the settlement of the great Mississippi valley.

'olina, was born to them a son, James Franklin Doughty Lanier, their only child, who is now the senior partner in the long-established banking-house of Winslow, Lanier & Co., New York city. In 1802 Major Lanier, with his wife and son, emigrated to Bourbon county, Kentucky. There he invested much of his means in lands, which he lost by the defect of title, with which so much of the lands in that state was at that time clouded, and which produced such wide-spread disaster and ruin. In consequence of these losses, in 1807 he removed to Eaton, Preble county. = Upon reaching Cincinnati, on his way hither, he manumitted two valuable family slaves - the only ones he ever held. He was prohibited by the laws of Kentucky from manumitting them there. These slaves constituted quite a considerable portion of his worldly wealth at that time. He afterwards had the satisfaction of seeing them become useful and respected citizens in their condition of freedom.

As previously indicated, Major Lanier served as clerk of the courts from the time of the organization of the county until his removal to Indiana in 1817. Upon the breaking out of the War of 1812 he entered the army, and served until its close. He served under General Harrison, with the rank of major, in his northwestern cam- westerly from Lake Erie and following up the valley of the Maumee, the most important of which was Fort Wayne, named in honor of General Wayne, under whom the major's father had served. Major Lanier's health was so much impaired by the exposure and fatigue of his military service that he was not afterwards able to engage in business to any considerable extent. He removed to Madison, Indiana, in 1817. That state had been admitted into the Union the preceding year, and contained about sixty thousand inhabitants, mostly scattered very sparsely over the southern portion of its territory. At that time the Indian title to the soil had been extinguished only about twenty miles north of Madison.

General Harrison in many ways manifested his high estimation of Major Lanier. His friendship for the father was also shown in acts of kindness for the son, (J. F. D.) who, when a little fellow of fourteen years of age, he invited to be with him and occupy a part of his tent at the important treaty he held with the Indians at Greenville, Ohio ; and long years afterwards, after the general's election to the presidency, and before his departure for Washington to enter upon the discharge of the duties of his office, he went to Madison and passed several days at the house of the son of his old friend, in a vain hope of securing some respite from the importunities of hungry office seekers.

The good example of industry and probity which Major Lanier's life afforded, no doubt had great influence in moulding the character of his son, J. F. D. Lanier, who after practicing law some years successfully, at Madison, became prominently connected with the State Bank of Indiana. Subsequently he removed to the city of New York, and was there for many years in the banking house of Winslow, Lanier & Co., engaged in negotiating western railroad securities; and by his care, energy and success in this business, contributed greatly to the construction of that net-work of railroads which are now of such infinite value to the West. And although J. F. D. Lanier was too old, when the war of the Rebellion broke out, to take an active part in the field, as his ancestors had done in former wars, yet he was prompt to aid with his means the patriotic cause.

During the war, when on account of political complication, the financial affairs were in a most embarrassed condition, Mr. Lanier advanced to the State of Indiana from time to time, aggregating at one time over a million of dollars, to aid Governor Morton in arming and equipping the Indiana soldiers, and to pay the interest on the funded debt of the State, for which the legislature had failed to make provision.

built, and fine personal appearance. His conversational powers were good, and he delighted in wit and hilarity. It is said it was he who suggested to the board of commissioners the name of Gratis township, from a remark made by Mr. Stubbs in urging its organization. Said Mr. Stubbs *we think we ought to have the township gratis ;" which remark so pleased Major Larnier, that he suggested to the commissioners to grant their petition for a township and call it 'Gratis ;" and this incident is the origin of the name of that township.

Major Lanier, in addition to his fine social qualities, was a superior scholar and a remarkably energetic man. He contributed largely to the organization of the county ; and being the first clerk of the board of commissioners, he drew up all their forms, and so admirably arranged all the details of business in that department of county affairs, that the same is substantially followed to the present day. He did the same thing in the office of clerk of the courts, originating his own forms, and arranging the details of the business ofthe office very nearly on the same basis on which it is conducted at the present time. With no precedents before him, he originated all his own forms from the nature of the business in hand, and the old records yet attest his admirable executive ability. In this respect he was the master pioneer of the county, and its present inhabitants should hold him in grateful remembrance for his early and almost gratuitous labors.

Major Lanier died on the twenty-fifth day of March, A. D., 1820. The name of this worthy man and prominent pioneer stands perpetuated in the county, in the name of *Lanier" township, which his fellow citizens gratefully bestowed as a tribute to his memory. This early token of respect for the man, in all probability will perpetuate his name in all time'to come; for being connected as it is with one of the territorial divisions of the county, it is in the most desirable form to be spoken of and referred to by all future generations. It is a standing monument to his memory, more lasting than a granite or marble shaft.

Major Lanier, it may be of interest to say, in conclusion, erected the first brick building in the town of Eaton. It was a two-storied house, and stood on the site where the residence of Major H. B. Van Ausdal now stands. But the old house has passed away, with its proprietor, and not many years hence there will be none in the land of the living who ever saw either.

How. Joun M. U. McNurr. - On the first day of July, A. D. 1825, John M. U. McNutt was admitted to the bar as an attorney and counsellor at law, by the supreme court for Preble county, Judge Jacob Burnet presiding.

Mr. McNutt was a native of the province of Nova Scotia, and born on the twenty-fifth day of July, 1802. His parents were natives of the State of New Jersey, and had emigrated to Nova Scotia some few years after the close of the war of the Revolution.

Young McNutt came to this county in company with David Upham, in the year 1822, and first took up his residence at the village of New Lexington, on Twin creek. He was then just out of school, having received school system. The entire business of education was left to individual enterprise. All the schools of the country were subscription schools. The custom was, when the people of a neighborhood, by general consultation and agreement, had decided to provide the means of education for the rising generation, they first would select and agree upon a location for a school-house - usually convenient to a spring or running brook - and then the entire neighborhood would meet together on a day appointed, with axes, saws, frows, shovels or hoes, and teams, and prepare logs for the building, haul them to the selected site, pick out a suitable tree and fell it for clapboards for the roof, prepare puncheons for the floor, raise the building, put on the roof, lay the floor, build the chimney, *chunk and daub" the cracks between the logs of the building, cut out a door, make and hang a shutter, and have a comfortable house for use and occupancy as an institution of learning - sometimes the whole completed in a single day, and not often occupying more thantwo days. There was no attempt at elegance, or the least superficiality in these structures. Comfort was the only consideration thought of in their erection. Not unfrequently a single term of three months school would be the terminus of its occupancy for that purpose. Perhaps a few of the citizens on one or the other side of the district that erected such a house would, before a second school could be organized, unite with a different set of neighbors in another direction, build another such house, and organize another school But it is not our purpose to go into the history of the school system, or, rather, want of system, in existence at the time mentioned. Our design was to state the fact that all teachers were compelled to rely wholly upon subscriptions, and do their own collecting. The terms of subscription were somewhat variable, ranging from one dollar and a half to two dollars and a half per scholar for three months school, owing mainly to the number of scholars obtainable in the vicinity; but the compensation seldom exceeded from fifteen to twenty dollars per month, and out of that the teacher had to provide his board. The article of boarding, however, was about on the same scale of economy, being from fifty cents to one dollar per week.

Young McNutt commenced the business of teaching under some such conditions as we have attempted to portray, soon after arriving in the county, and continued the business in the village of New Lexington or vicinity, for some two or three years. During this time he was a frequent contributor to the columas of the Zaton Weekly Register, furnishing matter from time to time of very high literary excellence. Being a thorough classical scholar, of fine literary taste and broad intellectual endowment, his contributions to the paper were always received and read with marked interest. Whilst teaching, and during vacations, he pursued the study of the law, with the view of adopting that as a career.

took up his residence in Eaton, and engaged in the practice of his profession in company with his preceptor, Lazarus Miller, esq. , In February, 1828, he was appointed to the office of prosecuting attorney, succeeding in that office David F. Heaton, esq., who had been elected a representative in the legislature the previous fall. He was continued in this office until the summer of the year 1833. In the year 1828 he was elected to the house of representative in the Ohio legislature, and again in 1829 he was elected to the same office. In the year 1832 he was elected to the senate of Ohio, from this and Montgomery counties, serving two years in that body. In both branches of the legislature he served with distinguished ability. Although a comparatively young man, but few, if any, of his fellow members exceeded him in influence or practical usefulness in the business of legislation.

On the twenty-eighth day ot October, A. D. 1828, Mr. McNutt was married to Miss Jane C. Hawkins, daughter of Joseph C. Hawkins, esq., clerk of the courts of Preble county. One son was born to them, as the fruit of this marriage, to-wit: Joseph Gideon Mc- Nutt, who became an attorney after arriving at manhood, and who is also mentioned in these sketches.

On the sixteenth day of September, 1826, Mr. McNutt was admitted a member of Bolivar Lodge, No. 82, Free and Accepted Masons. The lodge at that time was working under dispensation, but received its charter at the succeeding meeting of the grand lodge. On the twelfth day of May, 1827, the officers of Bolivar lodge were publicly installed, on whieh occasion Brother: Mc- Nutt delivered an address prepared and suitable for the occasion. He was also chosen by his lodge to pronounce a eulogy, on the twelfth day of April, 1828, upon DeWitt Clinton, governor of the State of New York, who had died in the preceding month - which duty he performed to the entire satisfaction of the large assembly met to hear him.

After the conclusion of his senatorial term, Mr. Mc- Nutt was not again in the public service in any capacity. He died on the twenty-fifth day of September, 1837 - his wife having died some year and a half previously.

In person Lawyer McNutt was of medium size, about 'five feet ten or eleven inches high, symmetrically proportioned, nervous-sanguine temperament, blond hair and florid complexion. Intellectually he was the equal of any of his compeers - exceedingly quick of perception, rapid in his deductions, seizing upon the strong points of his case, and the weak ones of his opponents, as if by intuition. Logical, terse, and compact in his arguments, he was strong, and ready, rather than ornamental in debate or before a jury. He was a thorough scholar, a diligent student, and untiring in the preparation of his cases. Almost from his first admission to the bar, he succeeded

^in securing a fair share of legal business before the courts, and before his health failed had the most lucrative practice of any member of the bar in the county.

ELISHA EGBERT, ESQ., was a native of Warren county, born about the beginning of the present century, read law and was. admitted to the bar in that county in the year 1823 or 1824. He came to Eaton and opened an office for the practice of his profession in the year 1824. He remained here some five or six years, and then emigrated to the St. Joseph country, in the northern part of Indiana. He there married a daughter of General McCartney, and amassed considerable wealth. He was elected to the legislature of Indiana several successive terms. He has been dead several years.

JOSEPH SEVIER HAWKINS, ESQ., was a native of the village of Eaton, born on the twenty-fourth day of October, A. D. 1812. His father was Captain Joseph C. Hawkins, who commanded a company of Preble county militia, in the War of 1812, called out to defend the frontier against depredations of the Indian allies of Great Britain. His grandfather was Colonel Samuel Hawkins, who was with the armies of both General St. Clair and General Wayne, in their campaigns against the Indians of the then northwest, and who received a wound at the battle of Fort Recovery, from which he never fully recovered; and, although he survived some dozen or more years after the battle, finally died from the effects of the wound.

Sevier Hawkins, as he was universally called and known, received a very fair education in the common schools of his day, having the benefits of the instruction of some of tne best teachers of his time - among the rest Jones A. Mendall, esq. About the year 1828 he entered as a student in Miami university, at Oxford, where he prosecuted his studies for some years, but did not graduate; on account of some youthful freak, in the last year of his course, he was suspended by the faculty. He was so incensed at what he believed to be the injustice of his suspension, that he refused to return and complete his course; and was never back at the institution until he went there as one of its trustees, many years afterwards.

After leaving Oxford he was employed for some few years in the wholesale dry goods store of Van Ausdal & Gray, in the city of Cincinnati. Subsequently he returned to Eaton, and studied law in the office of his brother-in-law, J. M. U. McNutt, esq. On the twentythird day of December, 1833, he was married to Miss Lydia Hubbell, of Eaton. No issue was born of this union.

At Oxford Mr. Hawkins had few class-mates, Abner Haines, Felix Marsh, Samuel Parker, late of Connersville, Indiana; Robert C. Schenck, Charles Anderson, and others. He was admitted to the bar at Dayton, at the same time with some of his said class-mates, and it was remarked at the time that all who were then admitted had white hair, and blonde complexions. After his admission to the bar he commenced the practice in partnership with his brother-in-law, McNutt, which arrangement continued until the death of Mr. McNutt, in 1837.

At the October election, 1840, Mr. Hawkins was elected a member of the house of representatives from this county, in the legislature of Ohio, and was re-elected to the same office in 1841. Inthe year 1843 he was again re-elected to the same office, and again in the year 1847 he was re-elected, and at the ensuing session, he was elected speaker of the house of representatives. After an interval of one year, he was again re-elected in the year 1849, and on the assembling of the legislature, he was the Whig candidate for speaker of the house of representatives, against Benjamin F. Leiter, the Democratic candidate; but was defeated by a union of the Democratic and Free Soil parties, which elected Leiter on the second ballot. This ended Mr. Hawkins' service as a legislator, having served five years in all. His standing in the legislature, as evidenced by his election as speaker of that body, was of the very highest order.

In the year 1848, his wife having been dead some years, Mr. Hawkins married Miss Cordelia Scott, of Cincinnati. This union was likewise childless.

After the death of his partner, Lawyer Hawkins continued the practice alone until the admission of his brother, A. J. Hawkins, with whom he continued the practice, and with W. J. Gilmore, esq., up to the day of his death, which occurred on the fourth day of August, in the year 1852.

When the Mexican war commenced, Mr. Hawkins recruited a company for service in the army, of which he was elected captain. He marched the company to the rendezvous at Camp Washington, Cincinnati, but was one day too late reporting, as the requisition from this State was filled previous to his arrival, therefore his company was returned home and disbanded.

In person Captain Hawkins was of medium size, symmetrical form, light hair and eyes, nervous temperament, quick and active in movement. Intellectually he had no superior among his cotemporaries at the bar. He was a profound lawyer, able debater, superior advocate before a jury, and well read upon all subjects of general interest, with a retentive memory and good command of language. In politics he was an active and earnest Whig.

ANDREW JACKSON HAWKINS, ESQ. was a native of Preble county, second son of Captain Joseph C. Hawkins, born on the fifteenth day of July, 1815. He received a very fair education in the common English branches, in the public schools of his day. Before attaining his majority he took a position with his brotherin-law, John M. Gray, in the wholesale dry goods house of VanAusdal & Gray, in the city of Cincinnati, where he remained for several years. In the year 1835 his father went to Hagerstown, Wayne county, Indiana, with a retail dry goods store, and the subject of this sketch went with him. They remained there until the year 1841, when the father, Captain J. C. Hawkins, was appointed register of the land office at Fairfield, Iowa, and took his son with him to that place, as a clerk in his office.

After remaining in Iowa a few years, young Hawkins returned to Eaton, and. went into his brother's office as a student of law, and after the requisite preparation was and immediately entered into partnership with his brother in the practice, where he remained until his death, which took place at Mobile, Alabama, on the sixteenth day of February, 1849.

On the thirteenth day of February, 1842, Mr. Hawkins was married to Miss Mary Elizabeth DeGroot, daughter of Robert DeGroot, of Eaton. One son was the fruit of this union, Mr. Joseph C. Hawkins, a merchant in Eaton.

Fora year or more prior to his death, Mr. Hawkins' health had been declining, and in the winter of 1848-9, by the advice of physicians and friends, he was induced to try the effect of the milder climate of the gulf coast. On the journey he was accompanied by his father. Whilst sojourning a short time at Mobile, Alabama, he was suddenly seized with violent symptoms, and rapidly passed away, on the sixteenth of February, as above stated. His remains were brought back to Eaton by his afflicted father, and interred in Mound Hill cemetery, March 4, 1849.

The fatigues of the journey, the care of his feeble son, and grief on account of his decease, were too much for the afflicted father, who took to his bed immediately on his return to Eaton with the remains of his son, and died eight days after the funeral, March 12, 1849.

Andrew J. Hawkins was quite a small man. He was quiet and unobtrusive in manner, not given to much speaking, but fond of the society of congenial friends. He gained a fair reputation and standing as an attorney, and his known character for candor gave his voice great weight with the jury. In politics he was a pronounced Whig, but never held or sought office.

Isaac F. Casap and ISRAEL DEWITT were admitted to the bar as attorneys and counsellors at law on the fifth day of July, 1827, by the supreme court for Preble county. These gentlemen came here from one of the neighboring counties, merely for the purpose of being admitted. Neither of them ever lived or practiced in the county, nor is anything known of their subsequent career.

James E. Warpro was admitted to the bar on the thirtieth day of June, 1828. He also was from a neighboring county, and his subsequent career is wholly unknown.

Joun VAN AusDAL, son of Judge Peter Van Ausdal, was admitted to the bar by the supreme court for Preble county, on the sixth day of July, 1829. He was a native of Preble county, born in Lanier township about the year 1806, His education was obtained in the common schools of that day, supplemented by the advan. tages of the classical Schools taught by Jones A. Mendall, esq. In youth he was noted for his fondness of books, and of the classics, especially the writings of Virgil, and Cicero's orations. He was a superior Latin scholar. For several years during his minority he was employed as a clerk in the mercantile establishment of his uncle, Cornelius Van Ausdal, in Eaton; and most of his leisure hours, during that time, were passed with some one or other of his favorite classical authors in his hands.

He studied for the bar in the office of Messrs. Miller & McNutt. Some time after the death of Mr. Edmonson, as noted in the history of the press, young Van Ausdal, in company with Dr. F. A. Cunningham, became connected with the Zaton Weekly Register, as edi-

After disposing of his interest in the Register, Mr. Van Ausdal went to Indiana and located at Logansport, then a new place of considerable notoriety on the Wabash river. Here he engaged.in the practice of his profession, but died within a year or so after taking up his residence there.

SOLOMON BANTA, ESQ., was born on the second day of October, A. D. 1801, in Montgomery county, Ohio. His father, Abraham Banta, was one of the first settlers on "Banta's creek," in Lanier township, he and his brother, Peter Banta, having settled there as early, perhaps, as 1802 or 1803. The subject of our present sketch was reared upon a farm carved out of the dense forests, with which this county was originally clothed, subject to all the hardships and privations of pioneer life. 'There are not many persons now alive who can remember and appreciate the condition of the pioneer settlers of this county, and the gigantic labors which were required to transform it from a literal howling wilderness to the present state of cultivation and productiveness. Schools, and the source of knowledge and information, were at that day of the most meagre description. disposition, availed himself of every opportunity within his reach for acquiring an education. In another place place his name is mentioned in connection with some account of the best schools that have ever been taught in the county, not even excepting those of the present day, to-wit: the schools under the care of Jones A. Mendall, esq.

By the time our subject had attained his majority, he was well qualified to become a teacher himself, to which occupation he devoted some time. About the beginning of the year 1824 he. went to Lebanon, in Warren county, and took up the study of the law in the office and under the preceptorship of the late Governor Thomas Corwin, esq., and was admitted to the bar at that place, June 14, 1827. Soon thereafter he established himself in the practice of his profession in Eaton, and continued here some years. On the twenty-fifth day of December, 1828, he was married to Miss Malinda Small, daughter of James Small, who lived at that time two miles west from Eaton. Within a year or so thereafter he removed to Danville, Illinois, and engaged in the practice of his profession in that, then, new place. While sojourning there, the Black Hawk war broke out and Mr. Banta volunteered in the troops sent out to the frontier to protect the exposed settlements and suppress the Indian outbreak. He remained in the service until after the battle of Bad Axe, which closed the war by the surrender of Black Hawk.

Immediately after his discharge from the army, Mr. Banta returned to his place, where he remained until near the close of his life. Here he engaged assiduously in the practice of the law, and was reasonably successful in view of the crowded state of the profession and the limited amount of business done in the courts. He was esteemed a good lawyer, eminently safe as a counsel- lor, but never brilliant as an advocate. His knowledge of the law was not surpassed by any of his colleagues at the bar. He was frequently chosen by his fellow citizens to serve on the board of education, in the city council, and as mayor. He also served several years as justice of the peace.

On the fourteenth day of March, A. D. 1835, Esquire Banta was admitted to membership in the Masonic order, in Bolivar Lodge No. 82; of which order he continued an honored, useful and worthy member during the remainder of his days. He had frequent manifestations of the confidence and esteem of his brethren, by being called upon to fill the most important positions in the order. On the twenty-ninth day of April, 1879, at the city of Topeka, Kansas, Mr. Banta died at the residence of his son-in-law, Mr. A. V. Auster. His remains were brought back to Eaton, and buried by the side of his deceased wife, who had preceded him a few years. After the death of his wife Mr. Banta had retired from business, disposed of his property here, and passed the time mainly with his children. He had but three children: James. Banta, who lives in Indiana; Elvira J. Auster, wife of A. V. Auster, Topeka, Kansas, and Elizabeth Feris, wife of Dr. A. B. Feris, of New Paris, now deceased.

Hon. ABNER HAINES was born on a farm, on Deep river, Guilford county, North Carolina, on the twentysixth of March, A. D. 1804. His parents were Friends or Quakers, and his mother quite a noted preacher of that denominatibn. Abner was the third child in a family of four males and two females - the only present survivors (1880) are a brother and sister. In the year 1808, when Abner was but four years old, his father's family immigrated to Ohio, and after remaining about a year in the vicinity of the mouth of the Little Miami, chose a permanent location on Todd's fork, in Clinton county, about five miles from Wilmington, the county seat. As soon as his years and strength would admit it, the young Abner was put to work, assisting his father and brothers in clearing up and cultivating the farm. His summers were occupied in this employment, and his winters in attending the common schools of that day. In this desultory way, and by study during the interim between school sessions, he attained a very creditable knowledge of the commen English branches of education; and before attaining his majority, engaged in the business of teaching.

In the summer of the year 1826, Mr. Haines having made up his mind to obtain a higher education at all hazards, and his father feeling that he was unable, in justice to his other children, to aid him through college, he started out literally "to seek his fortune," with but a few dollars in his pocket, and on foot and alone. Fortune directed his footsteps to Eaton, then a village of some five or six hundred souls. Here he was induced to halt, and make the attempt to secure the position of teacher of the village school. His effort proving a success, he remained here some year or so, and afterward taught in other localities in the county. Having accumulated a small amount of means, he went to Oxford, and entered as a student in Miami university, then a first class seat of learning, and applied himself assiduously to the pursuit of knowledge. By teaching during college vacation, and otherwise, he was enabled to remain at the university until he had acquired a good knowledge of the higher mathematics, and of dead languages. He was unable to complete the collegiate course and graduate, but his scholastic attainments were fully equal to those of a great many students who did graduate.

On the first day of October, 1829, Mr. Haines was married to Miss Nancy Thornberry, near the village of Camden. One son was born to this marriage, soon after the birth of whom Mrs. Haines died, living less than a year after marriage. The infant son, now a resident of the State of Kansas, was taken to the home of its grandparents (Haines), and there reared to manhood. Previous to his marriage the subject of our sketch had entered as a student in the law office of J. M. U. McNutt, esq., in Eaton. He continued the study the full term required by law, and was admitted to the bar on the ninth day of July, 1831, by the supreme court for Preble county.

Immediately after his admission to the bar, Lawyer Haines went to the town of Centerville, then the seat of justice of Wayne county, Indiana, and opened an office for the practice of his profession. After he had got fairly established as a practitioner there, he entered into partnership with the Hon. Oliver H. Smith, then living at Connersville, afterwards United. States Senator from the State of Indiana.

On the twenty-second day of November, 1832, Mr. Haines was married to Miss Lydia Leas, daughter of George and Mary Leas, pioneers of this county, and who then resided on the farm now the Preble county infirmary. Fivesons and two daughters were born of this marriage, all of whom, with the mother, are now living.

During the winter of 1831-32 the subject of our sketch was employed by the committee for sufferings of the Indiana yearly meeting of Friends, to perform a service which gave him considerable notoriety. During that winter a couple of strangers travelling on horseback passed through Richmond, and remained there over night. At that time (and in fact ever since) there were quite a number of colored people living at Richmond, twelve to fourteen years old, was employed about the tavern at which these strangers put up. During the night they concocted a scheme to entice this boy away, with the purpose of taking him to Missouri and selling him into slavery. They succeeded on some pretense, not now remembered what, in their scheme, and took the boy away with them, carrying him behind one of them on horseback. By close watching and intimidation and threats, they got safely through to St. Louis, and there sold the boy for three hundred dollars.

It was some time before the boy was missed, the landlord supposing he had gone home, and his parents supposing that he was at the hotel. When it was ascertained that he was gone, immediate search was instituted, and it was soon found that he had been taken away as before stated. Notice was given to the committee for sufferings, one of whom was the late Achilles Williams, and they at once set about measures to pursue and reclaim the boy. To this end they engaged the services of Lawyer Haines, who took with him a young man by the name of Garr, well acquainted with the boy, as a witness to identify him, and the necessary proof of the boy's freedom, and went on horseback, over roads for the most part in a horrible condition, all the way to St. Louis. That, let it be remembered, was no slight undertaking at that time, making a journey of some three hundred and fifty miles, on horseback, at the most unfavorable season of the year. They had no difficulty in following the kidnappers - their identity, with the negro boy on the horse behind-one of them, was never lost.

On their arrival in St. Louis they had some difficulty in finding the boy, as most of the inhabitants were disposed to put obstacles in their way and mislead them. They succeeded in finding him, however, and immediately sued out a writ of habeas corpus, had it served, and the boy brought into court, where his identity and freedom were established to the satisfaction of the court, and he was delivered into the custody of Mr. Haines, who soon got the boy across the river igto Illinois, The journey home was accomplished in good time, and the boy delivered to his parents. It is not known that any effort was made for the capture of the kidnappers. 'The successful conduct of this affair added very much to Lawyer Haines' popularity, and gave him much business in his profession.

Our subject remained at Centerville until the year 1837, and then for a short time engaged in the dry goods business, in the village of Boston, Wayne county, in company with Lewis Baxter. He was there only a short time, and after disposing of his interest in the store, came back to Eaton, bought property here, and remained here during the balance of his days. He entered vigorously upon the practice of his profession here, and in a very few years became one of the leading attorneys at our bar, extending his practice to the neighboring counties.

When the *Eaton & Hamilton" railroad was first projected and talked of, Mr. Haines took a very active interest in the enterprise, and was one of the "leading spirits" in bringing it to a successful conclusion. He was the second president of the company; and it was under his administration that active operations in its construction were commenced. Before its completion, however, finding that he could not give it the attention that was recessary, on account of the demands of his law practice, he resigned the presidency of the road, but abated nothing in his interest in the work.

At the October election in the year 1851, our subject was elected circuit judge for this sub-district. He occupied the bench with credit and distinction between three and four years, but resigned before the expiration of his constitutional term.

Politically, Judge Haines was identified with the old Whig party, up to the year 1844 or 1845, when, on account of some disaffection, he held aloof from politics for some few years. Democratic party - still maintaining, however, the antislavery proclivities of his early Quaker training. He was a member of the Democratic convention of 1848, and was the author of the celebrated "mitigate and finally eradicate" resolution passed by that convention, which was the means of effecting a temporary union (or junction rather) of the Free Soilers with the Democrats.

His kindness of heart, generous temperament, and the remembrance of his early Quaker training, could not do otherwise than impel him to take a rigid stand against the demon of slavery, and when that hideous question began convulsing our devoted land, Judge Haines naturally dritted into the Republican party upon its first organization, in 1856. He predicted the awful result which finally grew out of the attempt to nationalize slavery; and whilst the Rebellion was being born, the judge was often heard by his family, in a semi-darkened room, in the night time, predicting the fearful calamities which he saw coming apace. But with the portentous results in view, he was still the colored man's true friend, and many a poor black man received substantial aid at his hands.

He continued a true and loyal Republican, giving the weight of all his talents and influence in behalf of the prosecution of the war, until the end in the triumph of the Union arms. In 1872, however, believing that he was thereby aiding in bringing about a speedier adjustment of differences between the sections, he cast his in fluence in favor of Horace Greeley and Gratz Brown.

In the year 1876 Judge Haines was elected a member of the senate of Ohio from the senatorial district composed of Preble and Montgomery counties, on the Democratic ticket. Although being afflicted with Bright's disease of the kidneys, and being in constant pain, he served in the sixty-second general assembly up to the time of his death, with credit to himself and his constituency. His death, which occurred at Columbus, Ohio, on Monday night, March r9, 1877, at his boarding house on East State street, was a tragical end for a quietly spent life. He had been in the room of one of his brother senators, in consultation with him and others. Judge Haines' room was on the first floor, and the room of his 'colleague was on the second floor; and in passing from the stairway down which he had to go on the way to his room, he passed through a dimly lighted, narrow hall, from which hall a steep stairway led down to the basement story. This stairway was usually closed by a door, but on that particular night it was left open; and the narrow hall leading to the judge's room being immediately "beside and beyond this stairway, in feeling his way through the darkened passage-way when the judge came to the open stairway he supposed he had reached the hall-way to his room, when, turning to the left and making a step forward, he pitched head foremost down the stairway to the "bottom, and his neck was broken in the fall. His death was instantaneous, and his face wore a calm and peaceful look - a look something akin to a smile, when his body was found at six o'clock the next morning, the disaster having occurred about midnight. Senator Haines had often talked of death and dying, to his intimate friends,

He died as he had lived, with enmity toward no man, and with the ill will of none. In person he was above medium size, full six feet high and rather heavy made - weighing usually above two hundred pounds. He had light hair, blue eyes, fair complexion, and sanguine-lymphatic temperament. In his latter years he was disposed to corpulency, weighing above two hundred and fifty pounds. It would be difficult task to give a correct analysis of Judge Haines mentality. He was certainly a man of strong intellectual power; but not easily so aroused as to exhibit his full strength. He was a sound lawyer, and an able advocate. He possessed a retentive memory, was well versed in both modern and ancient history, and fond of literary pursuit. He was very social, fond of the company of friends, full of anecdote, and an entertaining conversationalist.

GENERAL FELIX Marsu was born in the county of Essex, New Jersey, July 21, 1806. When quite young, in 1809, he with his father, Squire Marsh, removed from the State of New Jersey, to Preble county, Ohio, and settled in Camden. Here he obtained' the rudiments of an education in the common schools of that period. The limited advantages afforded by them did not satisfy his ambition, and in 1824 he commenced the study of Latin under the preceptorship.of a fine classical scholar, and in 1826 entered Miami university at Oxford, where he pursued his studies for several years. He was an apt scholar, excelling in the languages, and early in life gave evidence of his power as an orator, for which he was afterwards distinguished. When at Oxford he took a leading part in the Erodelphian society, and participated deficient. He read law at the law school in Cincinnati, and was admitted to the bar in 1834 and soon became a good lawyer and a fine advocate. He represented the county as prosecuting attorney, and as representative and senator in the Ohio legislature two terms, each with credit to himself and entire satisfaction of his constituents. General Marsh was a man of cultivated literary tastes, and was well versed in ancient and modern history. He was a persuasive and convincing speaker, and. possessing a brilliant imagination, these gifts combined to make him one of the most successful of jury lawyers. He was engaged in an active and lucrative practice for over thirty years, and was one of the most prominent members of the Eaton bar.

November 17, 1836, he was married to Rachel Bloomfield, of Eaton, and raised four children, two daughters and two sons, all of whom, with his wife, survive him. General Marsh died at his residence in Eaton December 6, 1872, after a very short illness.

WiLLIAM CRANE, son of Judge Joseph H. Crane, was admitted to the bar on the twenty-first day of June, 1833, by the supretue court for Preble county. He was a citizen of Dayton, where he continued to reside. He never lived or practiced his profession in Preble county.

FRANKLIN GALE was admitted to the bar, by the supreme court in Eaton, on the fifteenth day of June, 1836. Nothing is known of his residence or subsequent career.

ViNcIT MITCHELL was admitted to the bar on the sixth day of June, 1842. Mr. Mitchell was born in the State of Kentucky, about the year 1800. He was an elder brother of General Ormsby M. Mitchell, the celebrated his life by accident while in the United States service as brigadier general of volunteers during the war of the Rebellion. The family, including Vincit, were among the pioneers of Miami county, having settled at Piqua a short time subsequent to the War of 1812.

Not much is known of the early life of Mr. Mitchell. He was twice married, his first wife having died in the year 1833, while he was living at Liberty, Union county, Indiana. Previous to that time he had resided in Middletown, Ohio, and. in Cincinnati, but in what years, or how long,is not known. He resided and kept a hotel at Liberty for some years, and while there was married to his second wife. From there he removed to Winchester, in this county, and was living there when he was admitted to the bar. Within a year or two after his admission, he removed to Eaton, and engaged in the practice of his profession, in which he never attained any considerable eminence or emoluments.

Mr. Mitchell remained in Eaton, with his family, untll some time after the revolt of the southern States. Meanwhile he was employed at different times, in one capacity or other, in the construction of railroads - at one time on the Cincinnati, Wilmington & Zanesville line, at another for a year or more, on the Ohio & Mississippi road. Some year or so after the beginning of the war of the Rebellion, through the influence of his brother, General O. M. Mitchell, he obtained a captain's commission and was detailed to the quartermaster department.

He remained in this position only about a year, when his health failed. Meantime his family had removed to Dayton, to which place he returned, and died soon after his return, some time in the year 1864.

Mr. Mitchell's education was superior to that of most persons of his age. Hewas very fond of reading, and was well informed upon almost all subjects that engage the attention of advanced minds. His intellectual endowments were fair - more notable for quickness, versatility, elasticity, so to speak, than for profundity. He was deficient in stability and self-reliance. He was of medium size, compactly built, sanguine-nervous temperament, with light hair and florid complexion.

HaMPrroN HALL was admitted to the bar May 30, 1844, by the supreme court at Eaton. Mr. Hall was the son of Wiiliam Hall, esq., and was born at Camden, Preble county, about the year 1822. He studied the law, and was called to the bar at the same time with Benjamin

Hubbard, esq. Shortly after his admission he opened an office in Eaton for the practice of his profession; but being a very young man, and the business in his department being neither flush nor lucrative, it proved an up-hill business for him to gather a living practice. Within a few years thereafter, Judge Hall came into possession of the Pottey mill, in Gasper township, and Hampton engaged in the running and management thereef, as a partner with his father.

Major Francis ALANSON CUNNINGHAM was born in Abbeville district, South Carolina, November 9, 1804. When a small boy, his widowed mother emigrated with her young family to Kentucky, where she married her second husband. This lady's maiden name was Cunningham, but in no way related in blood to her first husband, and her second husband's name was also Cunningham, but not a relative by blood either to herself or her first husband. Soon after her second marriage, the family emigrated to Warren county, Ohio. Judge George Kisling, of Lebanon, was appointed the guardjan of young Cunningham, and took a great interest in his education and welfare. After leaving school, his guardian procured him a situation in a dry goods store, in which business he continued until his twenty-second year, In the year 1826 he came to Eaton and commenced the study of medicine with Dr. Jesse Paramore. While pursuing the study of his profession, he taught school in several localities in Preble county. In the year 1829 he was licensed as a physician and surgeon; and on.the seventh day of July of that year he was married to Miss Maria Campbell, only daughter of Captain William Campbell, of Lanier township. In a short time after his marriage, Dr. Cunningham located at Portland, Fountain county, Indiana, on the Wabash river, where he engaged in the active practice of his profession. Not being satisfied with the prospect and condition of things there, however, he did not remain long, but returned to Preble county and settled at West Alexandria, where he successfully pursued the practice of his profession for several years.

In the year 1833 Dr. Cunningham was appointed clerk pro tem. of the courts of Preble county, afterward receiving the appointment for the regular term of seven years. Subsequently he was appointed for a second: term of seven years, but before its expiration he was elected, in the year 1844, to a seat in Congress as Representative from the Second Congressional district, for the Twenty-ninth Congress. He was a candidate for re-election, but in the meantime the district having been changed, he was defeated by General Robert C. Schenck.

On the twenty-third day of June, 1847, Major Cunningham was admitted to the bar by the supreme court for Preble county. About the same time he enlisted a company for service in the Mexican war, but before his company was fully organized and mustered into service, he received a commission from President Polk as an additional paymaster in the regular army, and was assigned for duty with the army. in Mexico, where he remained until the close of the war. Upon the re-organization of the pay department of the army, he was retained in the service, and in that capacity served in New Mexico, Texas, and all along the frontiers where troops were stationed. In the year 1861 he had his headquarters at San Antonio, Texas; and when the war of the Rebellion broke out, he, with the troops at that place, was taken prisoner by General Van Dorn. Immediately on his release he reported for duty at Washington, and was stationed at St. Louis, Missouri. There he served about a year, when he was relieved on account of disability and put upon the retired list at half pay. Major Cunningham died at his home in Eaton on the sixteenth day of August, 1864, from the effects of paralysis, with which he was attacked whilst at Wilmington, Delaware, just one year previously. He was the father of three children, two sons and a daughter, all of whom are dead. His widow is yet living (1880) in Eaton, at the age of seventy years, and is reasonably stout for one of her years. Events immediately following the major's admission to the bar prevented him from engaging in the practice of the law as a profession, and his appointment in the army opening a new channel for the exercise of his talents, the diversion was permanent - he never entered the practice.

In person the major was of medium size, compactly built, with a slight stoop of the shoulders, and capable of great physical endurance. He was of florid complexion, with light hair and blue eyes. He was eminently social in disposition, fond of society, an entertaining conversationalist, and warmly attached to friends. On the first day of March, A. D. 1828, he was initiated in the Masonic order, in Bolivar Lodge, No. 82, at Eaton, and continued. his membership in said lodge during life, and was buried with the honors of the order.

HIRAM JONES, ESQ., was a native of Butler county, Ohio, and in that county was educated, grew to manhood, qualified himself for the practice of law, and was there admitted to the bar. About the year 1835 he came to Eaton, and established himself in the practice of his profession. In the year 1840 he was elected to the 'office of auditor of Preble county, which office he retained but for a single term of two years, and was succeeded by John R. Stephen, esq.

- In the year 1844 Mr. Jones was elected to the office of recorder of Preble county, and served in that office six years. He never attained any great prominence as an attorney, but was esteemed a good and sound lawyer, and safe counsellor. After the expiration of his term as recorder, he emigrated to the State of Illinois, and located near Brimfield, Peoria county. After remaining there a few years, he went to Knox county, in that State, and improved a large tract of prairie land which he had purchased. He died on his farm in Knox county, some years ago, honored and respected by all who knew him.

Lawyer Jones was a man of fair capacity, a ripe 'scholar, genial companion, fond of society, and of the most amiable disposition. Perhaps the most marked trait in his character, was his uniform candor. Everybody that knew him had full confidence in whatever he might say. Honesty and integrity in all business transactions and relations he never lost sight of.

JESSE B. STEPHENS, ESQ., was born on the fifteenth day of February, A. D. 1802, in the State of Tennessee. He was the ninth in a family of ten brothers. His father and mother were natives of Virginia, and had emigrated to "Tennessee some twelve or fourteen years before Jesse was born. Inthe year 1808, the family left Tennessee and took up their residence in this county, on a farm some three miles southwest from Eaton, on the old Brookville road. During his youthful years, the subject of this notice, in addition to his labors in assisting to clear up a farm in the heavy primeval forests, availed himself of every opportunity of attending the schools of that time, and gained a very fair education in the common English branches. During his minority he also learned the trade of brick making and bricklaying; and in that capacity assisted to make the brick and lay up the walls of the old court house - the one torn down and replaced by the present structure. He also, in the year 1824, carried up the east front wall of the three-story building at the northwest corner of Main and Barron streets, erected by the late Cornelius Van Ausdal.

Mr. Stephens was employed for many years as deputy recorder, under his brother Isaac, and also did a large amount of writing for the clerk of the court. Many of the old books in these offices attest the excellency of his penmanship. 3 During most of the period from 1825 to 1837, he served, under appointment of the the court of common pleas, as commissioner of insolvents.

In the year 183o Mr. Stephens was married to Miss Eliza A. Brown, of Hamilton county. One child, a daughter, was born of this marriage, who died with cholera in the year 1849, at the age of about sixteen years. In the year 1842 Mr. Stephens removed to the city of Cincinnati, and was there admitted to the bar, as an attorney and cousellor at law, having previously studied the profession pretty thoroughly under different practitioners here, and attended a course of lectures in the law department of Cincinnati college. He remained some two or three years in the city, in the practice of his profession, and then returned to Eaton, in 1844 or 1845.

Very soon after the beginning of the Mexican war, Mr. Stephens received a captain's commission in the United States army, from President Polk, and was assigned to duty in the quartermaster's department of General Taylor's army. He served in this capacity until the close of the war, honorably and satisfactorily to his superior officers. After the close of the war, he engaged in the practice of his profession again, and so continued until he was appointed secretary of the Eaton & Hamilton railroad company, in which position he was retained until the office was removed from this place.

At the second meeting or "communication" of Bolivar Lodge No. 82, Free and Accepted Masons, the petition of Jesse B. Stephens was presented to the lodge, and at the second meeting thereafter, October 14, 1826, he was admitted to membership in the order. Shortly afterwards he was selected as secretary of the lodge, which office he filled for many successive years; and was constantly, almost, during his membership, entrusted by his brethren with prominent and reeponsible positions and duties in the lodge. He died on the fourteenth day of August, 1870, of disease of the liver, and was buried with the honors of Masonry.

GEORGE W. THompson. - The subject of this sketch, George Waddy Thompson, was born in Bennington, Vermont, on the twenty-first of October, 1818. When young Thompson was three years of age, his parents removed to Columbus, Ohio, and remained there for a period of five years, at which time the mother of Mr. Thompson dying, his father moved to Fremont, Ohio, where he continued to reside for several years.

Being a bright and intelligent boy, young Thompson, at the age of fifieen, was appointed to a cadetship at West Point by General Winfield Scott. He made satisfactory progress in his studies, but owing to an affair of honor occurring with a cadet from the south, young Thompson took his departure from the Military academy. He proceeded to Tiffin, Ohio, where he entered the dry goods business, and successfully remained in the same for a period of several years.

For some time he had contemplated the studying of law, and at last, having decided upon this step, proceeded to Columbus, Ohio, and entered the law office of Noah Swayne, afterward Judge Swayne, of the Supreme Court of the United States, between whom and his student a warm friendship existed up to the time of Mr. Thompson's death. In due course of time Mr. Thompson was admitted to the bar, and at once "slung his shingle to the breezes" in the Capital city, where he practiced for several months. The city being full of young disciples of Blackstone, Mr. Thompson came to Eaton in the year 1840, and opened an office.

Being a stranger among strangers, business did not come in as rapidly as the exigencies of life demanded, and so our young lawyer was forced to teach school, which he did in Dixon township, and afterward on the "West road" immediately west of Eaton.

Having the tact about him.of making friends and being withal a well read young lawyer, he soon came to be favorably known. In 1845 he was elected prosecuting attorney of Preble county, and filled the office to the full satisfaction of the law-abiding citizens of Preble county When his term of office expired, he received an appointment in the land bureau of the Interior department at Washington city, where he remained for a period of three or four years. He also acted as editor of the (Eaton) Register for a period of some six years - from 1844 to 1850, a position which he likewise filled with ability.

In 1853 he returned to the practice of his profession in Eaton, in partnership with Joel W. Harris, and succeeded in building up a good practice. He was elected to the office of probate judge in the year 1863, and occupied the same with honor to himself and credit to his constituents for six years. At different periods during the years last, Judge Thompson served as director of the Eaton schools, and safely can it be said that the present good standing of the schools is largely due to the early tireless labors of the judge. Having lots of latent fun about him, he was always welcomed by the scholars. It was his habit to deliver a short, little" speech to the pupils in each room, and these were always looked forward to by the young students with pleasure.