Preble County, Ohio - Chapter 11: Courts and Bar, 1915

Chapter 11: Courts and Bar

In the year 1813 an amendment to the constitution was adopted requiring that there should be at least one judge of the court of common pleas elected in each county. Before that the state was divided into judicial districts and sub-districts. Sometimes a sub-district contained many counties, and, of course, the larger and more populous counties then, as now, in the conventions generally voted the nomination and controlled the choice. In the early days of the state the judge traveled around his district from county to county, generally on horseback, and held court two or three terms a year in each county. Until about 1840 attorneys from neighboring counties often accompanied the judge and were employed in cases to be heard. This was called "traveling the circuit," and many able lawyers thus following the court came to this county and were heard in our court house who later acquired national fame. I have heard mentioned George B. Holt, Peter Odlin, Henry Stoddard, John McLean, Charles Hammond, Joseph H. Benham and Thomas Corwin and a number of others who can not be now remembered. The above list wll show that legal ability and oratory were not lacking in those early days, and the juries must often have been treated to brilliant displays of forensic ability and skillful and scientific legal fencing.

The first session of the common pleas court was held in Eaton at the house of Samuel Hawkins, August 23, 1808, by Judge Francis Dunlavy, of Lebanon, assisted by the three associate judges, who were all present; of course, the law requiring at least two of them to attend. Alexander C. Lanier was clerk, and Samuel Mitchell, the coroner, acted as sheriff, because of the contest begun by James Deniston against Jacob Fudge for the office of sheriff, and Mr. Fudge could not act until the court heard and decided the case.

Protection Versus Free Trade

The grand jury was sworn and placed in charge of John Spacht, constable, as the bailiff, and John Halderman was made foreman. The court appointed Joshua Collett, an attorney of Lebanon, who was traveling the circuit, as prosecuting attorney, because there were no attorneys in the county. The grand jury returned two indictments for retailing goods, wares and merchandise that were not the growth or manufacture of the United States, without first obtaining a license. One indictment was against Mary Wab lein, of Somers township, and she pleaded guilty and was fined six and a quarter cents and costs, which she paid and was discharged. Another was against Philip Gunckle, of Montgomery county, but he produced the receipt of the county treasurer that he had paid four dollars and twenty-five cents, the regular license fee for the county, and he was discharged.

Several licenses to sell foreign goods were issued, and three licenses were issued to sell spirituous liquors. The sale of liquors by the drink at that time was almost wholly done by taverns, as all hotels were then called.

The contest against Jacob Fudge was called the first day and the plaintiff came not. It was continued to the second day and the plaintiff was again solemnly called, and again he came not, and the court decreed that "the contest be dismissed at plaintiff's costs and that the sheriff-elect stand as sheriff of course." The court granted an order allowing Joshua Collett ten dollars for services as prosecuting attorney for the term.

The Market Price Of Hogs

The first criminal trial of the county was on an indictment returned by the grand jury April term, 1809. James Sutton, of Somers township, was charged with stealing "one hog of the value of twenty-five cents," and pleaded not guilty, and Nathan Hornaday, Samuel Holliday, Samuel Stubbs, William Shipper, Isaac Enochs, Samuel Huston, Andrew Thorp, Frederick Miller, Hezekiah Hardesty, William Steel, Hugh Hamel and George Worthington, the first criminal jury impaneled, found him not guilty.

The first civil suit was by John Compton aganst Samuel Hawkins, for twenty-five dollars and forty-two cents, for which, with costs, he recovered judgment.

The first partition suit was brought August, 1814, by Lazarus Lankston to partition fifteen acres in northeast quarter, section 28, township 4,

The prosecution of violators of the liquor laws began early in the county, for at the December term, 1813, the grand jury indicted Thomas Murry, late of the township of Hardin, in the county aforesaid, did, on December 10, 1813, in the county aforesaid, without having obtained a license or permit as the law directs, sell and deliver for money to one Philip Helm, spirituous liquor, called whiskey, by less quantity than one quart, to wit: by the gill, contrary to the statute, and against the peace and dignity of the state of Ohio, to which Murry pleaded guilty and was fined. So the fight began in this county, and the end is not yet.

Exponents Of A National Pastime

In 1810 two men, Tobias Perkle and Henry Keck, of Twin township, were jointly indicted by the grand jury for unlawfully agreeing together to fight at fisticuffs, "and that they and each of them both together did fight at fisticuffs, etc., against the peace and dignity of the state of Ohio." After delaying the matter a term or two, they both pleaded guilty and were assessed a small fine each. Their method of settling a personal dispute, while not to be commended, seems far superior to a jawing or slanderous backbiting match that we often see people engaged in.

Under the Constitution of 1802 the judges were appointed by the Legislature for the term of not over seven years, and under the Constitution of 1851, under which we now live, they were elected by the people of each judicial district or sub-district for the term of five years, and in 1905 an amendment to the constitution made the term six years, and in 1912, by another amendment, at least one judge must be elected in each county for the term of six years, always provided they did not sooner die, resign or be removed from office for misconduct. In our district we have had judges die and resign, but have never yet suffered the disgrace of having a judge removed from office for his misconduct.

These statements will help in understanding the list of judges given where the date of appointment is given, as the length of time served by a number of the older judges can not now be ascertained without reference to the files of the secretary of state, and some filled vacancies only:

It must not be understood that the judges named succeeded each other in our county in regular order, because this county was a part of the judicial sub-district composed of two or more counties, and the judges in that district had to come here and hold the court, at such times as they arranged between themselves, which, since the 1851 Constitution became effective, has been at least three times each year. The time of holding court is called the term and named as of that month on which the term begins.

A List Of Officials

The clerks of the court under the 1802 Constitution were numerous and were appointed by the court as needed, and frequently were designated as pro tern, clerks. Those so far as known who were regularly appointed and served as clerks are:

Prosecuting Attorneys

The coroners, as originally intended, were next to the sheriff, and in cases where he could not serve the coroner acted as sheriff, and the coroner was and can be elected from the laymen of the body politic, the same as the sheriff, and those duties are yet imposed by our laws upon the coroner. For a half century or more the coroners have been doctors, because of the peculiar duties imposed upon them, and hence are not popularly regarded as court officers. The list, so far as known, of those who have filled the office of coroner, is given in the roster of county officers.

A Glance At The Lawyers

There have been, including those now living, over one hundred attorneys, who have been admitted to practice law in the courts of this county, and who have to some extent at least been identified with the bar of this county. Some removed and made their homes in other cities and states, a number of whom rose to prominence in their adopted home, but the larger, much larger, number have gone to the Great Court of Last Record, where we hope the review of their cases will show no prejudicial error and that the judgment will be satisfactory in each case. It will be impossible for lack of space to give even a list of all who could be named, and it would be exceedingly dangerous to enter into a discussion of the merits and demerits of the living practitioners, hence I shall content myself with mentioning some of the most prominent and most-talked-of attorneys who have crossed to the other shore, not forgetting those whom I knew and associated with in the practice and many of whom I learned to love and admire for their many manly qualities.

The first lawyer who actively practiced to locate in the county was David F. Heaton, born in North Carolina in 1792 and learning the tailor business. About 1812 he started in business at Franklinton, as that part of Columbus west of the Scioto was called, and enlisted as a staff officer of

General McArthur in the War of 1812. After the war he went to Lebanon, where he and Thomas Corwin studied law together in the office of Thomas Ross, and a year or so later was admitted to the bar, and it seems came to Eaton to locate, for on September 7, 1818, he was appointed prosecuting attorney and the next year the county commissioners paid him $53.33 for one year's service. He was a Whig in politics and was elected either to the Senate or as a representative, for eight years from 1824, where he made a specialty of roads and land laws. In 1836 he removed to Washington, having been appointed to a clerkship in the land office, and remained there until 1845, when he moved to Portsmouth, Ohio, and practiced law until his death in 1871.

A Many-Sided Man

John C. McManus, born in Pennsylvania in 1787, was the second lawyer to locate in the county. When a young man he was a government surveyor of Illinois lands and afterward studied law in Schenectady, New York, being admitted to the bar in 1812. He then came to Cincinnati and soon enlisted in the army of the Northwest for two years. In 1814 he located in Hamilton to practice law, and in traveling the circuit with the court he often visited Eaton, to which he removed in 1818, and in 1820 returned to Butler county for three years, settling and adjusting matters of his deceased fatherin-law, when he again returned to this county and settled in Jackson township and continued to reside there until his death in 1852. He served as auditor and prosecuting attorney. He also served for five years as county surveyor, and was one of the best surveyors. He served for about twenty vears as justice of the peace, and also taught school for a number of years, and it is said that he tried to adjust and settle all controversies and only had a suit when all peaceful means failed. He is said to have been loved and respected by all for his learning, fairness and fearless espousal of the right, his gentlemanly and courteous conduct, and his efforts to help his fellow men. He is buried in what is called the Frame cemetery, in section 25, Jackson township.

Perhaps the most talked about among the lawyers of that early period is John M. U. McNutt, for his brilliancy, quick wit and generous nature. Bom of American parents, who lived in Nova Scotia, July 25, 1802, he received a college education, and came to New Lexington in 1822, and for two years taught school and studied law, and was admitted to practice in this county in July, 1825, and three years later was appointed prosecuting attorney and held the office for five years. In 1828 he was elected representative in the Legislature and served two years, and in 1832 was elected to the Senate and was regarded as one of the able men of the Legislature. He continued the practice of law until his death in 1837, and is said to have had the most remunerative practice of the county and to have been an unusually successful advocate before the juries of those days. Of nervous temperament and quick perception, he was resourceful and seldom caught unaware, but, withal, fair with the jury and to his opponent, abiding by the record made and holding up the strong points of his case. He acquired the reputation of not misleading, which weighed heavily with the jury in their deliberations. In 1828 he married Jane C. Hawkins, the daughter of Joseph C. Hawkins, the clerk of the court, by whom he had one son, Joseph Gideon McNutt, bom in 1832, and who was admitted to practice in the early fifties, but soon removed to Richmond, Indiana, and died there about 1877. The subject of this sketch delivered a number of public addresses, which were much praised by our older residents for their ability and learning.

Soldier As Well As Lawyer

Joseph Sevier Hawkins, generally called and known by the name of Sevier Hawkins, was bom in Eaton, October 24, 1812, a son of Capt Joseph C. Hawkins, and a grandson of Samuel Hawkins, who was so prominent in the early organization of the town and county. He was given what is called a common school education and in 1828 became a student in Miami University, but on account of some prank of the students he was suspended for a term, after attending three years. He always claimed the suspension was unjust and never again visited the university until he went back as a trustee. He was a fellow student with Robert C. Schenck, Charles Anderson, Abner Haines and Felix Marsh, who were later men of more than local fame. After returning home, he studied law under his brother-in-law, McNutt, and was admitted to practice at Dayton at the same time as his classmates, named above, and began the practice of law at Eaton with his brother-in-law.

In 1840 he was elected a representative in the Legislature, and re-elected four times, and in 1848 was elected speaker of the House. He continued the practice of law in partnership with A. J. Hawkins and W. J. Gilmore, and was regarded as the foremost member of the bar and one of the most successful before court and jury.

He recruited a company for the Mexican War and was given a commission as captain, but as the quota of soldiers for Ohio was filled when he reached Cincinnati he was sent home and disbanded the company. Always

Hon. Abner Haines was born in North Carolina, in March, 1804, and when but four years of age he was brought to Clinton county, Ohio, with his father's family, and worked on the farm, going to school winters until and before he became of age he began teaching school. In 1826 he came to Eaton and taught school a couple of years. He entered Miami University and by teaching in the winters and working in the summers he succeeded in securing a good education. In October, 1829, he married Nancy Thomberry, of Camden, who bore him one son and died within a year.

He studied law under J. M. U. McNutt, and was admitted to practice in July, 1831, and removed to Centerville, Indiana, and began practice of the law there. In November, 1832, he married Lydia Leas, and to them were bom five sons and two daughters.

It is related of him that during the winter of 1831-2, two strangers abducted a negro boy in Richmond and took him west, intending to sell him into slavery, and did take him to St. Louis and sold him as a slave. Haines was employed by the Quakers to trace them and release the boy. With a young man named Gaar, he succeeded in trailing them across Indiana and Illinois to St. Louis, located the boy, got out a writ of habeas corpus, and, establishing the boy's identity, he was released. Haines brought him back to Richmond, making the round trip on horseback. The kidnappers had disappeared and were never found. This feat, of course, raised the fame of Haines and rendered him well known over a wide area.

He returned to Eaton about 1837 and soon became one of the leading attorneys of the county. He took quite an active part in the location and construction of the Eaton & Hamilton railroad. In 1851 he was elected judge of the court, but after about four years resigned. He never forgot his Quaker training and was always bitterly opposed to slavery. When the Civil War began he left his party and supported the Republicans until 1872, when he returned to the Democratic party.

In 1876 he was elected to the State Senate. In March, 1877, while at Columbus, attending the session of the Legislature, when leaving a meeting of a Senate committee, he passed along a dimly lighted hall, and, stepping through an open door to the basement stairs, he pitched head-foremost to the bottom, alighting on his head and breaking his neck.

He was a large,, tall man, inclined to be portly, always social and jovial; one of the wittiest members of the bar, loving a joke, even if it were at his own expense. Eloquent in speech, and emotional, he was one of the strongest advocates before a jury thatbas graced the bar of the county.

Gen. Felix Marsh, born in New Jersey, in July, 1806, came with his father to Camden in 1809, and when twenty years old entered Miami University as a student, remaining for several years. He was admitted to the bar in 1834, and soon afterward was elected prosecuting attorney, later a representative and later a senator. He was well educated and a good lawyer. He was a large man, and had a strong voice, with great carrying power, and was a fluent speaker..

It is related of him that while in the Legislature there was a bill up for passage to which he was bitterly opposed, because, as he claimed, it was unjust. The Legislature had passed a resolution to adjourn at noon of a certain day and the bill was up for a vote the evening before the day of adjournment. The friends of the bill felt so sure of having the votes to pass it that they had been allowing discussion to drag along until nine o'clock in the evening, when Marsh got the floor to make a speech against the bill and continued all night talking. Next morning those who wanted the bill passed went to breakfast in squads, and as the forenoon wore on they resorted to every scheme they could think of to get him to yield the floor for some motion, inquiry or committee report, but he refused to yield, and talked, talked, talked, interspersed with reading, or having read by the clerk some quotation from some book, he all the time standing, or leaning back against his desk with no refreshment but water. Twelve o'clock came, and one man got up and pushed the hands back one hour, and Marsh talked on, and as the clock again showed nearing noon it was again pushed back .an hour, and finally when the hands again passed a few minutes beyond the noon mark the speaker banged the desk with his gavel and announced that the House was adjourned. Marsh had held the floor continuously for over seventeen hours, and was utterly exhausted, but the bill was beaten and he felt satisfied. The bill never again made its appearance. He died at Eaton in December, 1872.

William J. Gilmore was bom in Virginia, in April, 1821, and when but four years of age, his father, Dr. Eli Gilmore, came with his family to Israel township and continued his practice as a physician, practically until his death. William received a common school education and attended for a couple of years an academy, and studied law under Thomas Millikin, of Hamilton and the Hawkins of Eaton, and was admitted to the bar in 1847. He set up an office in Hamilton for a year and then came to Eaton, where he formed a partnership with J. S. Hawkins until that gentleman's death, three years later.

In 1852 he was elected prosecuting attorney and served two terms. In 1857 Judge Clark, of Hamilton, in the same judicial district, having resigned, Gilmore was appointed to fill the vacancy, and after filling out the term, he formed a partnership with Judge J. V. Campbell, who had shortly before completed his term of probate judge. The partnership continued until 1866, when Gilmore was elected to the common pleas bench, and re-elected in 1871, while in 1873 he was elected a judge of the supreme court of Ohio. After serving his term he began the practice of law in Columbus, Ohio, and continued there until his death. He died in August, 1896, and is buried at Eaton. Clement R. Gilmore, an attorney, is the sole survivor of the family.

Judge Gilmore was a large man, of a kind disposition, and was regarded by all his associates as a very able lawyer. He has the distinction of being the only attorney of the county to reach a seat in the Supreme Court.

He Helped His Brothers

Jacob H. Foss, bom in Monroe township in December, 1825, of Pennsylvania parents, worked on the farm until grown. He then attended the academy at Waynesville two years, and in 1849 taught school at Euphemia. Studying law with Judge Haines, he was admitted to practice in 1851, and began the practice in Eaton, and for nearly fifty years was one of the most active attorneys at the bar, never missing a term of court.

In 1857, he married Julia A. Morgan, and to them were born two sons, Stanley B. Foss and C. C. Foss, who are now practicing attorneys at this bar.

A daughter, Minnie V., is the wife of Dr. F. M. Michael. From 1869 to 1876 he served as mayor of Eaton, and during that time the town hall was built and more improvements started in the town than were started before or since in the same length of time, he being ably seconded by town councils. It must be said to his credit that when litigation arose over public improvements, if in his judgment they were needed and beneficial improvements, he always refused fees to oppose them.

He has been the preceptor of more law students than any known member of the bar, counting among them a number who rose to prominence in the profession. For many years he had the largest law library in the county.

He was regarded as standing among the ablest lawyers. He was a large man, and when aroused his tongue could frame a bitter speech; but every member of the bar knew that when the occasion passed it was forgotten, and that he had a heart so kindly and so forgiving that the next day he would spend hours helping a brother over a knotty point and finding cases to fit and never expect or ask a fee therefor. He died March 12, 1901, and his aged widow died in December, 1914.

Founding The Odd Fellow Order

John V. Campbell, born in December, 1815, in Lanier township, was educated in the common schools and began teaching when sixteen years old. For some years prior to 1840 he was deputy county clerk, and in 1841 was appointed postmaster of Eaton, which he held for over nine years. In 1851 he was elected as the first probate judge, although he had not been admitted to the bar. He held the office for two terms, being admitted to practice while in office.

In 1858 he formed a partnership with William J. Gilmore, which continued until Gilmore's election as judge. He then formed a partnership with James A. Gilmore, which continued until the latter was also elected as a judge. The fact that he was so long a partner of these two eminent attorneys is alone sufficient commendation of his ability and standing as a lawyer. In 1873 he was elected prosecuting attorney.

He was one of the organizers of the Odd Fellows lodge in Eaton and until his death took an interest in its welfare, being held in high esteem by the members, who often called him the "father of the lodge." He was appointed as one of the first trustees of the Preble County Children's Home, continuing as such until his death, always taking a lively interest in the welfare of its inmates.

He was a man of medium height, of heavy build, genial and kind by nature, and patient, seldom showing anger except under great provocation. He had a strong memory for names and faces, and everyone seemed to know Judge Campbell. He freely advised with those who asked advice, seldom accepting a fee. He was a master of probate law and by his wide acquaintance and tactful handling of his clients he built up and held the largest probate practice in the county.

He died July 2, 1888, leaving a widow and four daughters, one of whom was married to Edmond S. Dye, who was a student in his office. The pro-

Solomon Banta was born in October, 1801, in Montgomery county. His father, Abraham Banta, was one of the early settlers of Lanier township, settling on the banks of Banta creek, and from him it derived its name. The son secured what education he could in the common schools, and attended the high school kept by James A. Mendal, and became a teacher himself for several years and then studied law under Tom Corwin at Lebanon and was admitted to the bar in 1827. He then set up the practice at Eaton, and soon afterward married Malinda Sewall, and to them were born three children.

About 1830 he went to Danville, Illinois, and when the Black Hawk War occurred he volunteered and served until peace was restored. He then came to Eaton and continued the practice of law. He was a good lawyer, a good scholar, and filled a number of local offices, including mayor and justice of the peace for several years. He died at his daughter's, Mrs. A. V. Auter, Topeka, Kansas, in 1879.

Hay Fever Claims A Victim

George Waddy Thompson was born in Vermont, in October, 1818, and when three years old the family moved to Ohio, near Fremont. When fifteen years old he was appointed a cadet at West Point, and in about a year a Southern cadet of a higher class tried to make a menial of him, which he resented so strenuously that the other fellow "took the count," and as, under the then code prevalent at West Point, he would be disgraced and reduced, he resigned and came back to Ohio and studied law under Noah Swayne at Columbus and was admitted to the bar. He came to Dixon township and taught school in this county a couple of years, and in 1845 was elected prosecuting attorney, and afterward was appointed to a clerkship in the United States land office, serving four years. In 1850 he formed a partnership with Joel W. Harris and they built up a good practice. In 1863 he was elected probate judge of the county and serv ed two terms. He became afflicted with hay fever, and in October, 1872, he went to Lincoln, Nebraska, hoping to be benefited by the change, but died about a month after his arrival. His body was brought back and buried in the Eaton cemetery.

George W. Gans, born in Pennsylvania, in March, 1823, was educated in the common schools and when eighteen years old became a clerk in a store and began reading law. In 1847 he married Helen M. Morris and the young couple moved to Eaton to start their home. He taught school some years, and in 1851 was admitted to the bar. He was one of the organizers of the teachers' institute in this county, which has since become a permanent institution. He was elected mayor of the village, and in 1857 was elected probate judge and served six years, making a good and efficient judge. He contracted lung trouble, and died in June, 1865.

Republican Versus Democrat

Robert Miller was born in Jefferson township in July, 1827, of Scotch- Irish parents, and received only a common school education. He taught school some ten years during the winters, studied law under Gen. Felix Marsh, and was admitted to the bar in 1852. In 1855 he was elected prosecuting attorney and served three terms. In 1863 he was elected representative, and in 1864 he was adjutant of the One Hundred and Fifty-sixth Regiment Ohio Volunteer Infantry. In 1863 he was elected mayor, and served two terms. In 1866 he formed a partnership with Col. A. L. Harris, and the firm continued the practice until 1876, when Harris became probate judge.

In 1871 a contest arose over the election of a state senator from this district, Kemp, of Montgomery county, being the Democratic candidate and * James Saylor, of this county, the Republican. If the vote of the soldiers at the Dayton Soldiers' Home were rejected, Kemp was elected; otherwise, Saylor was elected. The Montgomery county officials rejected the vote, giving the certificate to Kemp, and Saylor contested. Miller was his attorney, and he carefully collected the facts and cases of law bearing thereon. He appeared before the Senate, and for four hours presented what those who heard asserted to be one of the most clear and logical arguments that had been heard in the Senate. He won the case and soon after the law was changed so that there have been no contests since. He served acceptably in many local offices of the village and also of the Presbyterian church, of which he was a member. He died February 25, 1900, leaving a widow and three sons.

Joel W. Harris was bom in Butler county, Ohio, in February, 1815, of Scotch-Irish parentage and was educated in the common schools. When a young man he began teaching and attended Miami University some three years and then taught school again, and then kept a store in Darrtown and read law until about 1850, when he sold out and entered the Cincinnati Law School, and in 1852 was admitted to the bar and began the practice in Eaton, forming a partnership with George W. Thompson, which continued until the latter was elected probate judge, and then he continued alone until his death.

*cated, with a dear mind, naturally logical, and educated just at the time when the agitation to reform the old common law procedure into the code procedure of the present day was in full force. He was a strong advocate of the code, and became one of the best pleaders under the code at this bar. Kind-hearted naturally, he was always courteous and fair with his opponent. He died in 1866, unmarried. The Eaton Register published of him at his death: "Very few of his compeers excelled him in legal attainments, being acknowledged as one of the best judges of law in this part of the state. He was a man of extraordinary ability, strictly upright and moral in all his intercourse and dealing with men. He was a man of unobtrusive manners and kindly disposition." Such a notice could only be made for a manly man. .

Remembered For His Good Qualities

James A. Gilmore was a son of Dr. Eli Gilmore, and was born in Israel township July n, 1834, his father having emigrated from Virginia in 1825. James was educated in the common schools, but, being of an observing nature, quick perception, an omnivorous reader and possessing a retentive memory, he was well informed on almost all subjects. In 1852, he became a law student in his brother William J. Gilmore's office in Eaton, and worked as a clerk in various county offices. He graduated from the Cincinnati Law School in 1855 and was admitted to the bar and began the practice with his brother. In 1858 he went to Greencastle, Indiana, and began practice there. In 1861 he enlisted in the Forty-third Regiment Indiana Volunteers and shortly afterward was detailed for service in the quartermaster's department, continuing with the regiment three years, being discharged in the fall of 1864. He again enlisted in the Ninety-first Regiment Ohio Volunteer Infantry, and went with his regiment to North Carolina, being again detailed as a judge advocate, and in 1865 was discharged with the regiment.

He then began the practice as a partner of Judge J. V. Campbell, and in 1869 married Ada M. Hendrix, daughter of George D. Hendrix. After his marriage he practiced law at Hamilton for two years, after which he resumed his former partnership at Eaton. In 1879 he was elected an additional judge for the district, and served as such for five years. He then formed a partnership with I. E. Freeman, which continued until the latter's death. He then continued alone for some years, and again formed a partnership with Philip A. Saylor, which continued until Gilmore's death, July 28, 1914. During the last six years of his life he was confined to his home nearly all the time, and for over five years of that period was never at his office. He was a large man, genial and jovial to a degree, and was a pleasing speaker, tactful and witty, so that any joke he might spring on his opponent seldom left a sting. A good lawyer and pleader before the court, he was eminently a good trial lawyer before a jury - clear and forceful. He was kind and always courteous, and won the respect and esteem of his compeers.

Another Abolitionist

Jehu W. King was born in Warren county, Ohio, October n, 1829, and two years later his father moved on a farm adjoining Pyrmont, Montgomery county. Judge King was educated in the common schools and when but sixteen years old began teaching, and in 1850 became a student of Ohio Wesleyan University at Delaware, Ohio. After leaving the university he taught a year in Indiana and a year in Kentucky, where he observed the workings of the slavery system and saw the sale of men, women and children on the auction block. Like Lincoln, his soul rebelled against the system and all his life he was bitterly opposed to slavery in any and every form. He returned to Ohio, and continued teaching in this and adjoining counties for ten years, working several summers in Camden as a cooper. In 1854 he - married Sarah J. Baker, by whom he had one son, now living in Columbus, Ohio. His wife died some three years later and he married Mrs. Sarah J. Taylor in i860, and to them were born three sons and two daughters, aH living except one son. After his last marriage he moved to Camden and continued teaching and read law under Gen. Felix Marsh, being admitted to the bar in 1864.

Before the Civil War he was appointed school examiner and held the position for a dozen years. In 1865 he was elected prosecuting attorney on the Republican ticket and served two terms, trying some very difficult cases, among them one against a young man named E. Thomas, who, in a drunken brawl at a show, attempted to shoot a man, but missed him and shot through the heart a Miss Dorinda Campbell, who sat in the audience. Thomas went to the penitentiary for life. In 1869 King was elected probate judge, and served two terms. In 1878 he purchased a farm near Sugar valley and resided thereon for six years, when lie moved back to Eaton and resumed his practice.

In 1900 he formed a partnership, his first and only one, with R. E. Lowry, and in I9°4 his son, Harry G. King, became a member of the firm, which so continued until Judge King's death, March 13, 1908, since which time the other two have continued the firm.

Judge King was but little under six feet high, of very slender and frail build, and had to be very careful in exposing himself to the inclemencies of the weather. He was a ripe scholar, well versed in the history of our country, with a keen analytical mind. During several years he wrote editorials for the Eaton Register, some of which were copied and quoted by the great eastern papers. He was a good lawyer, one of the best pleaders at the bar, and all judges listened with respect and carefulness to his arguments, because he was known to be intellectually honest, quick to see the weak points of his adversary and urge the strong points of his own case. A master of language, he never intentionally uttered words to wound, and if offense was taken he was prompt to make the apology for the seeming affront as publicly as the offense was given. He was gentle and kind to a fault, always courteous and considerate of others, and was one of the truest friends and manliest men the writer ever knew.

Some of the finest battles of the bar in recent years were between him and Judge James A. Gilmore, between whom a warm friendship existed; but when pitted against each other it was a battle, but always respectful and courteous and when the contest ended there seemed no bitterness left. The bench and bar could do no better than to emulate the course pursued by those two legal warriors, who have now faced the Final Judgment.

From Farmer To Governor

Andrew L. Harris was born in Butler county, November 17, 1835, his father moving to Dixon township a year or so later. He was educated in Miami University and then read law with Thompson and Harris in Eaton. The Civil War breaking out in 1861, the young man forgot his law and enlisted as a private in the Twentieth Regiment, Ohio Volunteer Infantry, for three months and was mustered out as captain of Company C. In October, 1861, he recruited Company C, of the Seventy-fifth Regiment, Ohio Volunteer Infantry, and was commissioned as captain, and served until January, 1865, having been promoted to colonel and breveted brigadier-general. In April, 1865, he was admitted to the bar, and formed a partnership with Robert Miller, which lasted until he became probate judge in 1876, where he served two terms. In 1865 he married Caroline Conger, and to them one son, Walter

In 1885 he was elected a representative and served two terms. In 1891 he was elected lieutenant-governor, with William McKinley, governor, and served two terms, and in 1897 he was appointed oh the United States industrial commission and served lour years, and, again in 1905, he was elected lieutenant-governor, although the Democrats elected Governor Pattison.

In June, 1906, the governor died, and Andrew L. Harris was working on his farm when he received word that the governor had died that morning. He immediately came to Eaton and ascertained that the information was correct, and then appeared before Judge Elam Fisher and took the oath of office and left for Columbus, where he continued to reside until January, 1909, except for short visits to his old home. In 1908 he was nominated by the Republicans as their candidate for governor.

The "wet" and "dry" questions were then beginning to agitate the state and the candidates were asked to define their stand on those questions. Governor Harris came out squarely against saloons and made a fight on that question, going to practically every county in the state and presenting the question forcibly and ably to the voters, being the first candidate for that office who had ever dared, openly on the stump, to espouse the anti-saloon cause. He was beaten by Judson Harmon, but the agitation has gone on and would not down, until today the adherents of his cause have elected a governor who publicly stated that he would vote for state-wide prohibition. His was the honor to lead the first fight, and so well did he perform the task that even his political enemies have no bitter words to utter against him. As governor he appointed the "commission that codified and rearranged our laws into what is now called the general code.

His bitterest political opponents never impugned his integrity. Some of the forces that helped nominate him for governor realized the agitation that was going on, but they figured that, like nearly all politicians, he would sidestep the issue and meekly submit to their leadership. They failed to take into account the stern metal of Colonel Harris, who, when his command was surrounded in 1864 by seven times its number and its ammunition gone, put himself at the head of his men and in a wild and desperate charge drove straight through the ranks of the "Johnnies" and escaped with half of his men. Such men do not trim their sails to every shifting wind of political fortune; they think straight as they charge. His fame is safe in the records of his regiment, where will be found his military record.

at the Preble county bar, who were generally locally- well- known; highly respected and 'were good and valuable citizens, but who were- not fortunate in becoming so prominent officially as those named, but who contributed their part in building up t)ie reputation of the bar. I wjll name those who were

Lazarus Miller, born about 1800, came to Eaton in 1821, and was elected representative in 1830 and 1831 and served as county auditor at different times, some fourteen years in all; removed to Warren county, Indiana, dying there about 1856; Andrew J. Hawkins, 181:5-1849; Vincit MitcheH, 1800- 1864; Benjamin Hubbard, 1809-1896, one term as representative; Jesse B. Stevens, 1802-1870; Irvin E. Freeman, 1821, three times elected prosecuting attorney, died 1892; Benjamin F. Larsh, 1825-1877; Robert W. Quinn, 1835, two terms probate judge, died December 28, 191O; Isaac E. Craig, 1840, died December 1, 1910; Absalom Stiver, 1818-1892, always resided in Gratis, one term as representative; John M. Shaefer, 1820, always resided in Camden, died about 1890; Marcus L. Holt, 1841, died at St. Louis, about 1900; John B. Chadwick, admittgi 1848, later moved to Indiana and died there a few years since; Frank G. Thompson, admitted 1876, and a few years later removed to New York City and died there; John A. Moore, admitted 1879, served two terms as probate judge and then moved to Dayton and later to the state of Washington; Lewis M. Dillman, admitted 1877, later removed to Illinois and now in New York as president of the American Book Company; John B. Drayer, admitted 1850, and a few years later moved to Iowa, where he served as circuit judge for a number of years; James L. Savler, admitted 1895, and a few years since moved to north Chicago, Illinois; William B. Marsh, 1845, admitted 1867, was mayor twice, and two years ago moved to Richmond, Indiana; Luther C. Abbott, 1831, admitted 1859, served two terms as prosecuting attorney, and three terms as mayor of Eaton, and in 1879, moved to Richmond, Indiana; William W. Aker, 1833, admitted in 1872, served two terms as representative, not now in the practice; Robert Dye, admitted 1910, but moved to Los Angeles, California, some three years since; J. W. Lake, admitted 1863, now and for many years a druggist at Eaton.

Rockefeller In Philosophic Mood

At the present time there are twenty-two attorneys engaged in the practice of the law in this county, all but four of whom reside in Eaton, and of the living it would be presumptuous for any one of us to attempt to sketch the rest of us. About the best that can safely be done is to give the reply quoted by John D. Rockefeller, Sr., to the paper man who attempted to get his opinion of certain investigations :

The oldest member of the bar in point of practice is F. M. Marsh, mayor of Camden, admitted 1867; Elam Fisher, admitted 1871, once representative and three terms common pleas judge; Levin T. Stephen, 1876, served as justice of the peace several terms; Oscar Sheppard, West Alexandria, admitted 1877, and served two terms as representative and two terms as state senator.

Then in point of practice, the rest of us string along to John V. Dye, admitted 1910, and Harry L. Risinger, admitted 1909, who are the youngest members. The other members of the bar are: A. C. Risinger, at present common pleas judge; Philip A. Saylor, West Alexandria, served one term as representative, and at present prosecuting attorney; F. G. Shuey, Camden; A. M. Crisler, served three terms prosecuting attorney; John Risinger, served two terms prosecuting attorney ; W. A. Neal, served two terms probate judge; Edmond S. Dye; S. B. Foos, present mayor of Eaton; E. P. Vaughan, served one term prosecuting attorney; A. R. Griffis; Harry G. King ; Hugh R. Gilmore, served three terms prosecuting attorney, at present state senator; V. V. Brumbaugh, served one term probate judge; Michael Cahill, served three terms prosecuting attorney, and two terms state senator; R. E. Lowry.