Scioto County, Ohio - Chapter 3 (1 of 2 so headed), 1903 (part 1 of 2)

Chapter 3

Common Pleas Circuits under the Constitution of 1802 - -Common Pleas Districts under the Constitution of 1851--Table of all the Common Pleas Judges under the Two Constitutions - Biographies of the Judges.

The first law of the State for Judicial Circuits is found in the Ist Volume of Chase, page 356, passed April 15th, 1863. 'The Circuits were as follows: ist. Hamilton, Butler, Montgomery, Green, Warren and Clermont. 2nd. Adams, Scioto, Ross, Franklin, Fairfield and Gallia. 3rd. Washington, Belmont, Jefferson, Columbiana and Trumbull. The Judges appointed for these Circuits were: Ist, Calvin Pease; 2nd. Wylliss Silliman; 3rd. Francis Dunlary.

Wylliss Silliman resigned some time in 1804, and the Govyernor appointed Levin Belt of Chillicothe, in his place. Legislature would not, however, elect Levin Belt, and elected Robert F. Slaughter in his place. This was done February 7th, 1805. On January oth, 1807, Robert F. Slaughter was removed, after a successful impeachment trial, an account of which will be found in his sketch herein, and Levin Belt was elected and commissioned February 7th, 1807. About the 2oth of February, 1810, four circuits were created, but Scioto County remained in the Second Circuit.

January 10th, 1811, Chase 2, 757, there were four circuits created, and Scioto County was placed in the Second Circuit with Ross, Pickaway, Madison, Fayette, Highland, Clermont, Adams and Gallia; and it was made unlawful for a Court of Common Pleas to set more than twelve judicial days.

On February 27th, 1816, Chase 691, Volume 2, six circuits were made. 'The Second Circuit was Highland, Adams, Scioto, Gallia, Pike and Ross. This act was amended January 24th, 1817, Chase 1011, Vol. 2, and Lawrence was attached to the Second Circuit. The Act of January 26th, 1818, Chase 1033, Vol. 2, made seven circuits of Common Pleas. 'The second circuit was now composed of Highland, Adams, Pike, Scioto, Lawrence, Jackson and Ross.

February 8th, 1819, Chase, Vol. 2, 1063, nine circuits were made, The Second Circuit was composed of Hocking, Pickaway. Fayette, Highland, Adams and_Ross. The Fighth Circuit was Pike, Jackson, Athens, Gallia, Meigs, Washington, Lawrence and Scioto.

The Law of February 2nd, 1821, Chase, Vol. 2, 1191, provided for nine circuits, and made the Eighth Circuit composed of Pike, Jackson, Athens, Morgan, Washington, Meigs, Gallia, Lawrence and Scioto, January. 27th, 1823, Chase, Vol. 2, 1252, the Eighth Cir- sy the Law of January 24th, 1834, Swan's Statutes, 1841, page 202, the Eighth Circuit was composed of Scioto, Lawrence, Gallia, Meigs, Athens, Morgan and Washington.

February 16th, 1839, Swan's Statutes, 1841, page 202, there were thirteen circuits made, but Scioto remained in the same circuit. In 1835, the number was reduced to twelve circuits. The > ~ same from 1835 to 1848, when Jackson, Pike, Gallia, Scioto, and Lawrence were constituted the Seventeenth Circuit, the ten remaining as before. This arrangement remained until 1851, when the new constitution took effect. Under the new constitution, Jackson, Vinton, Pike, Scioto and Lawrence constituted the 2nd sub-division of the Seventh Judicial District. These sub-divisions remained the same so far as Scioto County was concerned until April 21st, 1896,

On May goth, 1894, by an Act of that date, Vinton County was taken from the Second Sub-division of the Seventh Judicial District, and transferred to the Third Sub-division of the same, so that at present the Second Sub-division of the Seventh Judicial District is composed of Adams, Scioto, Lawrence, Pike and Jackson Counties, five counties with three judges. A table of the Common Pleas Judges of Scioto County, Ohio, from the foundation of the State to the present time is given below. Following it are-sketches of the Judges, so far as they could be obtained, in the order in'which they served, giving first the President Common Pleas Judges, then the Associate Judges of the County and then the Common Pleas Judges under the Constitution of 1851. 'The President Judges under the old Constie COMMON PLEAS JUDGES. 55 tution received a salary from the formation of the State until 1824 of $750 per annum. From that date until 1852, their salary was $1,000 per annum, paid quarterly. The Associate Judges were allowed $2.00 per day for each day the Court sat, payable out of the County Treasury. May Ist, 1852, the Common Pleas Judges were allowed a salary of $1,500, Swan's Statutes, 1854, page 827. By an Act of Jan- 'uary 24th, 1867, Swan's Statutes, 695, the salaries of the Common Pleas Judges were increased to $2500 per annum, and remained such until the present time, except when increased in the Separate Counties by special legislation. Judge Martin Crain in Scioto County first received the salary of $2500 prior to which Judge Johnson and Judge Peck had been serving for $1500.

Constitutional Judges

_,, On April 12th, 1858, a law was passed creating an additional Judge in the Second Sub- Division of the Seventh Common Pleas Judicial District, and the Judge provided for was elected in 1858 and took his seat on February 9th, 1859.

Second Additional Judges

SECOND ADDITIONAL JUDGES. By the act of April 21st, 1896, Volume 92, Ohio Laws, Adams county was taken from the First Sub-Division of the Fifth Common Pleas District hor gt deat in the Second Sub-Division of the Seventh District. An additional Judge was provided for, and Judge Henry Collings was elected in November, 1896, and took his seat on February 9, 1897.

was the first presiding Common Pleas Judge to sit in Scioto County after the State was organized. He occupied the bench from April 15th, 1803, to June, 1804. He was born in Stratford, Connecticut, October 8th, 1777, and died in Zanesville, Ohio, November 13th, 1842. His wife was Dora Webster Cass, daughter of Major Cass, and sister of General Wiliam Lewis Cass. He was married to her July 14th, 1802. When a young man he removed to western Virginia, and in 1800 edited a paper there. He was a strong Federalist in the contest between Jefferson and Adams.

The struggle was too much for him, and he removed to Washington County, Ohio. He was a member of the first Legislature of Ohio from Washington County. In that body he was elected presiding judge of the second circuit, composed of Adams, Scioto, Ross, Franklin, Fairfield and Gallia. It was too humdrum a place for him, and he resigned in 1804 and located at Zanesville, and was the first lawyer there, and in the next year, Silliman, Cass, and Herrick were the only resident lawyers. In 1805, he was appointed register of the Zanesville land office, and held that until 1811. In 1811, he was on the commission to select the State Caprtol.

In 1824, he was a candidate for United States Senator, and received 44 votes, to 58 for General W. H. Harrison, who was elected. In 1825 he was in the State Senate from Muskingum County and served one term. In 1826 he was again a candidate for United States Senator and received 45 votes, to 54 for Benjamin Ruggles, who was elected. He was a member of the House from Muskingum County in 1828 and 1829. From 1832 to 1834 he was solicitor of the Treasury, appointed by President Jackson.

He was a great natural orator, but his early edication was defective. His legal attainments were not of a high order. He was a great reader and read everything which came in his way. He was of "no use in a case until it came to be argued. He did not examine witnesses or prepare pleadings, but advocacy was his forte. He was indifferent to his personal appearance, and looked as though his clothes had been pitched on him. He was as sportive and playful as a boy. In all criminal cases, in breach of promise or seduction cases, he was uniformly retained, but it was in the great criminal cases where his power as an advocate was demonstrated. He was stout and well formed, above medium height. He had two sons who came to the bar, and he had a son-in-law, C. C. Gilbert, a lawyer in Zanesville. He was one of the distinguished figures of his time.

Biographies Of Judges

was a practicing lawyer in Chillicothe, under the Territorial Government. He was born in England, but the date of his birth has not been preserved. He was admitted to practice law, and took oath of office at Washington, Adams County, March 2nd, 1802. He was the first prosecuting attorney of Ross County, and was allowed from $15 to $50 per term for his services. In June 1804, he was _ elected presiding judge of the second circuit, in place of Wyllis Silliman, resigned. He served until February, 1805, when Robert F. Slaughter was elected to succeed him. On January 9th, 1807, Robert F. Slaughter was removed by impeachment, and Levin Belt was elected and succeeded him February 7th, 1807. He served until February roth, 1810, when he was succeeded by John Thompson. He was prosecuting attorney of Scioto County at December term 1812 and received $25.00 for his services. It is said that he was a reasonably good and satisfactory judge of the common pleas, but that he failed as a practitioner at the bar. From the bench he descended to the mayoralty of Chillicothe, and in that office and in that of Justice of the Peace, he served many years. While he was a Justice of the Peace, there was a statute in force forbidding licensed attorneys to appear before Justices of the Peace. Soon after this, Mr. Richard Douglas, an attorney of Chillicothe, appeared before him to argue a motion to dismiss a case. Squire Belt said, "Dick, Dick, don't you know the law? You must not appear before me. Get behind me and make your speech.'' Douglas complied with his order, and got behind the Justice and made his speech.

Mr. Belt was tall, broad-shouldered, muscular, without surplus flesh, dark brown hair only sprinkled with gray, and somewhat ruddy of complexion. _ His presence as a justice of the peace in the exercise of his office was awe-inspiring. He removed from Chillicothe to Washington City in 1828, and died there in 1845. The first case submitted to him in Muskingum County in 1804 was Samuel Conner, plaintiff, against James Sprague, defendant in-slander. Damages claimed $500. Verdict for the plaintiff, $300. His daughter Elizabeth was the second wife of Henry Buchanan, banker of Portsmouth, married to him March 22nd, 1837. She died March 16th, 1838, and is buried in Greenlawn Cemetery at Portsmouth; Ohio. She left a daughter, the wife of Mr. Lyman Perrin of Ridgeway Avenue, Avondale, Cincinnati. He had a son who was a clerk in the bank of Henry Buchanan at Portsmouth for several years, William Spriggs Belt. One daughter, Mrs. Levina Reynolds, survived him. His wife was a widow, a Mrs. Robinson, with two children. Her maiden name was Vinton, said to be a sister of Hon. Samuel F. Vinton.

his childhood nothing is known, but at the age of seventeen, he came to Kentucky and volunteered as an Indian fighter... He went to Chillicothe as early as 1796, at the founding of the city; and studied law. He was admitted to the bar in Chillicothe, Ohio, in 1799, and began practice there. He seemed to have traded and trafficed about considerable in lands, as everyone did at that time, but was a poor manager. In i800 he purchased a farm about one and one-half miles south of Lancaster, and made his home there until his death, He was a merchant at first, but gave up that business and opened a law office in Chillicothe.

He was careless about his obligations, and in 1803 and 1804 he was sued for debts many times. He was elected presiding judge in 1805. He was elected to the State Senate 1803-1805 from Fairfield County, February 7th, in place of Wylliss Silliman, resigned. His circuit was very large, and his salary very small. He had the second circuit and had to ride horseback to his appointments. The salary was only $750, and the creeks were without bridges. There were no ferries, and the swimming was risky. The judge would miss his courts, and the Legislature determined to make an object lesson of him. Legislatures are fond of displaying their power, and the one of 1807 was no exception to the rule. January 8th, 1807, charges were filed against him in impeachment, as follows:

Failing to attend the fall term, 1805, in Scioto County. Failing to attend the fall term, 1805, Athens County. Failing to attend the spring term, 1806, in Highland County. Failing to punctually attend the spring term, 1806, in Adams Failing to attend the spring term, 1806, in Scioto County. 10. Failing to attend the spring term, 1806, in Gallia County. 11. Failing to attend summer term, 1806, in Adams County. 12. Failing to attend summer term, 1806, in Athens County. 13. Failing to attend summer term, in Gallia County. 14. Failing to punctually attend the fall term in Fairfield County in 1806. 15. Failing to attend the fall term, 1806, in Franklin County. Abraham Shepherd, as Speaker of the House, signed the articles. On January 9th, 1807, Hough and McArthur were appointed a committee to prepare rules to govern the trial. Slaughter appeared in person and asked two or three days to prepare for the trial. He was granted to the following Monday to answer. In answer he alleged he was not charged with any misdemeanor and could not, by law, be bound to answer. 'To the first three charges he pleaded ill health. He denied the fourth, and said he did punctually attend. To the fifth, he said that after attending court in Adams County, he went to Paris, Kentucky, to attend to some business, and expected to reach Scioto in time to attend court, but on returning to the Ohio River at Brook's Ferry, could not cross. That he went two miles below to be ferried, and, being impatient, rode into the corn field after the ferryman, and this unexpected delay, against his will, prevented him from attending the court until the second day, and there being little business to be done, court was adjourned. In answer to the sixth, he. said he was well acquainted with the docket, and there was no civil case ready for trial, and not more than one or two being imprisoned in the County for misdemeanors, and the court would be obliged to pardon those rather than expose the weakness of the laws since their sentence could not be enforced. 'That he had applied for a tract of land, for which he had the deposit money, and was compelled by law to pay the fourth installment within forty days or forfeit his application, and was compelled to attend to it. To the seventh, he stated that he started from Lancaster, his home, but that his horse became foundered at Pickaway Plains, and his funds and his salary were not sufficient to buy another. He finally borrowed a horse to ride to Adams County. He answered the ninth charge that he had only borrowed the horse to ride to Adams County, and could not procure another to go to Scioto County. That he was afflicted with ill health in the spring, and had the pleurisy, and did not attend the spring term in Gallia for that reason. 'That the rivers were high, and he would be compelled to swim some creeks and ford others, and his health would not permit it. 'To the eleventh, he answered that while in Highland County, his horse broke out of the pasture, and he could not be found, and he was obliged to return to Chillicothe, supposing his horse had gone that way, but he did not, and he procured a horse of Joseph Kerr, to ride to Scioto County, on conditional purchase, but the horse was not able to carry him on to Gallia County, if it were to save him from ruin, and was compelled to trade horses, on which he made the balance of the circuit. He denied the 'twelfth charge. His answer to the thirteenth was that his farm was advertised to sell, and not having the money to save it, was obliged to raise it, which he did in time to save it. He denied the fourteenth charge. To the fifteenth, he answered that he attended the Franklin term two days, and then obtained the Associates' consent to be absent the remainder of the term. He was compelled to return to New Lancaster before going to Ross County in order to take money to complete the payment for his land before the court in Ross County would convene. He asked for a continuance to the first Monday in December next to secure Joseph Kerr, Doctor Spencer and George Shoemaker, witnesses. Four only voted in favor of this, Mr. Brush was admitted as counsel for respondent. Henry Brush, Jessup N. Couch, Wm. Creighton, Joseph Foos, James Kilbourn, Wm. Irwin and Lewis Cass, witnesses for the prosecution. Respondent read the deposition of Samuel Wilson. Mr. Beecher was counsel to the State. The trial began January 26th, 1807, and lasted until the twenty-eighth. On the question of his being guilty of neglect of official duty, the yea vote was: Claypool, Corre, Hempstead, Hough, Jewett, McFarland, McArthur, Sargeant, Smith, Wood and the Speaker, Thomas Kirker. Mr. Schofield alone voted he was not guilty. On January 29th, the respondent was called, but made no answer, though three times solemnly called, 'The speaker delivered the judgment of the court, that he had been found guilty of neglect of duty and should be removed from office. His removal did not seem to affect his health or spirits, or his standing among the people of Fairfield County, where he resided. He served four years as prosecuting attorney. He was elected to the Senate in 1810, from Fairfield, Knox, and Licking.

He was elected to the House from Fairfield County in 1817, 1819, and 1821. In 1828 he was elected to the Senate, and re-elected in 1830. While in the Legislature he voted for the School System and the Canal System.

He was eccentric and absent-minded, and the story is told of him that once when plowing, it became time for him to go to the Legislature. Leaving the plow in the middle of the field, mounting his horse, with one of his own shoes on and thé other off, he rode away. He was of medium height, dressed plainly, and always wore his hair in a queue. He was a Democrat of the old school, a man of great strength of character, a bold speaker, and a natural orator, and in speaking was capable of making deep impressions on his audience. - [lis public record was clear, notwithstanding the Legislature undertook to blacken it. He once said, 'The best rule in politics is to wait until the other party declares itself, then take the opposite side."

He married a Miss Bond, who was devotedly attached to the Methodist church, but he was not a member of any church. Their children were William, 'l'ercenia, Ann, Fields, and Frances, all deceased, and two surviving, Mrs. Mariah Dennison, of Los Angeles, California, and 'Thomas S$. Slaughter, of Olanthe, Missouri. The judge survived until October 24th, 1846, when he died at the age of 76 years. He is interred in the country cemetery near his home.

In view of the record of the Ohio Legislature in the matter of impeachments under the first Constitution of the State, we do not consider it any reflection on Judge Slaughter that his impeachment was successful, and had he lived in our day, his answer to the impeachment articles would have been held good, and any Legislature presenting articles of impeachment against him, such as are given above, would be deemed in the wrong.

was the Presiding Common Pleas Judge of Scioto County, from April 9th, 1810, to March 29th, 1824. He was a resident of Chillicothe, Ross County, Ohio. He located there in 1806 from Chambersburg, Pennsylvania. He was elected Presiding Judge in 1810, re-elected in 1817, and served until 1824. His circuit was composed of Franklin, Madison, Fayette, Highland, Adams, Scioto, Gallia and Ross. 'He was a member of the Presbyterian Church and an elder in it. He was also a total abstainer from alcholic drinks. He was an acute lawyer, but narrow-minded, firm to stubbornness, of considerable reading and of much readiness in the application of learning, much influenced by his likes and dislikes.

First: Because he allowed the attorneys but ten minutes to a side in a larceny case in Highland County, and when they objected, said that if they did not take it, he would allow them but five minutes to a side.

Second : Because he refused to allow an attorney to testify for his client in a case of usurpation in office, the attorney having offered to testify.

Fifth: Because he declared in an assault and battery case that the attorneys had no right to argue the facts to a jury except with the permission of the Court, and then when overruled by his associates, impatiently told the jury to go on.

Sixth: Because in a larceny case when the jury came back into court and wanted to re-examine the witnesses he refused them and sent them back telling them the case was too trifling to take up the time of the Court.

Seventh: Because he ordered a jury to be sworn in a robbery case, after they had all stood up and said they had made up their minds, and they found the defendant guilty without leaving the box.

Tenth: Because at a trial at Gallipolis, he had unjustly and arbitrarily allowed an attorney but twenty-five minutes for an argument to the jury, and then when the limit of time was reached, ordered him to sit down saying the jury would do justice in the case.

Eleventh: Because at Gallipolis, he ordered the prosecuting attorney not to let any testimony go before the grand jury until he knew what it was.

Twelfth: Because he said to the grand jury at Circleville that our government was the most corrupt and perfidious in the world and the people were their own enemies. 'That they weredevils in men's clothing.

The trial on these charges took nine days and witnesses were brought from each County where the transactions occurred. Henry Baldwin and Wylliss Silliman were attorneys for the State and Lewis Cass, John McLean and Samuel Herrick, for the defense. He was acquitted on all of the charges by a large majority and was re-elected by the Legislature in 1817. In 1821 and 1823, bilious fever prevailed at Chillicothe and many cases were fatal. Many thought the disease was yellow fever. Judge Thompson had a large family and became quite fearful of the disease attacking them. He took up the theory that ammonia destroyed the germs of this fever. Therefore, he seriously proposed moving his whole family to and living in a tavern stable, among the horses, during the sickly season. Vigorous protests from Mrs. Thompson resulted in a compromise, by which the family remained in the mansion, but were required to spend an hour each morning on the manure pile, to inhale the fumes which arose from it.

Soon after removing from the bench, Judge Thompson removed to Louisiana, where he purchased a plantation and some negroes. There he died in 1833, near Fort Adams, just over the line in Mississippi.

was born in Ablemarle County, Virginia, in 1794. His father was William Irvin, a Presbyterian minister, and his mother's maiden name was Holt. She was from Kentucky, and Attorney-General Holt was her cousin. The family originally came from the town of Irvine, in Scotland. They were descendants of Irvine of Bonshaw, in the time of Robert Bruce, who conferred titles and lands on William De Irvine, an ancestor of our subject. Our subject's father was an extensive slave-holder. Judge Irvin's father regarded slavery one of the greatest temporal curses, and so wrote to his eldest son, W. W. Irvin, in 1805. He, however, treated his slaves with the greatest kindness. Our subject imbibed anti-slavery ideas as a boy, and they remained with him all his life.

He was a student of Washington College, at Lexington, Virginia. He afterwards read law and was admitted to the bar at Stanton, Va. After this he located at Lancastetr, Ohio, where his brother, Hon. William W. Irvin, resided. On February 9th, 1826, he was appointed President Judge of the Eighth Circuit, and served two terms, or until February 19th, 1840.

In 1836 he removed to Pomeroy, Ohio, where he resided for twenty years. In December, 1837, he was married to Miss Mary Russell Pomeroy, daughter of Samuel Willis Pomeroy, for whom the town

"was named. In 1845 and 1846 he represented Athens and Meigs counties in the Legislature. Hon. Rodney M. Stimson, of Marietta, Ohio, who knew him well, said of him:

"He was tall, (six feet high) of straight figure; a most perfect gentleman; a good lawyer; a general reader; of great common sense: prudent and careful."

He was the best of the President Common Pleas Judges who ever sat in Portsmouth, except Peck. He at one time owned the Calvert farm in Scioto County, and was a Director of a Portsmouth Bank. Once, during his Judgeship, he resided almost a year in Portsmouth.

In Politics he was a Whig so long as the Whig party. lasted, and after that was a Republican. In 1855 his health gave way and he determined on a rural life. He bought sixteen acres of land back of Newport, Ky., and moved there in 1856. He resided there until his death, January 7th, 1869. During his residence in Kentucky he recovered his health, and devoted himself to horticulture, of which he was passjonately fond. He called his Kentucky home Mt. Vernon. He was reared a Presbyterian, but on May 20th, 1867, was confirmed in the Episcopal Church, at Christ Church, in Cincinnati, by the Rt. Rey. Bishop Mcllvaine. His wife survived him seven years. They had an only child, Ellen, who married Jonathan Chapman of Boston, Mass. He died October 18th, 1881, and left his wife and an only son, Thomas Irvin Chapman. Mrs. Chapman resides at Tokyo, Japan.

Judge Irvin was always anti-slavery in his views and during the war was a staunch adherent to the cause of the Union. He was noted for his integrity. He was a great advocate of the temperance cause, and opposed to licensing the liquor traffic. He was of a generous nature, and a most agreeable companion.

was born December 5th, 1805, in Westmoreland County, in Pennsylvania. His father was a saddler, but afterwards became a farmer. The family removed to Ohio in 1815, and settled at Cadiz in Harrison County, where our subject attended school at the Academy. He com-

_ menced the study of law, in 1823, with Chauncey Dewey of Cadiz, and was admitted to the bar in September, 1825, at New Philadelphia. He began the practice of the law, in 1826, at McConnelsville, in Morgan County. In 1829, he was appointed Prosecuting Attorney and served till 1831, when the office became elective. He held it by election until 1838. He was postmaster at McConnelsville from 1831 to 1833. In 1834, he was elected a Brigadier General in the Ohio Militia, and served as such until 1840, when he resigned to go on the Common Pleas Bench.

He was always a Democrat but was in favor of the civil war. He was married June 7th, 1826, to Susannah Robertson and had six children. After her death, he remarried. He represented Morgan County in the Legislature in 1838, 1839, 1840. On September roth, 1854, he was appointed by the Governor as a Common Pleas Judge to fill a vacancy. He held Court in Muskingum County three days and attended a term of the District Court. In the militia, he served on the staff of General Alexander McConnell. Governor Charles Foster appointed him a Trustee of Athens Insane Asylum. He had a woman physician appointed for the female wards, the first in the State. In 1886, he was appointed by President Cleveland as Postmaster at Me- Connellsville and held the office four years. His second wife, Sarah Swasey died August 30th, 1894. His first wife died April 15th, 1865.

William Virgil Peck was born in Cayuga, New York, April 16th, 1804. His parents were Virgil and Mary (Wallace) Peck and he was the youngest of their three children. Both of his parents were from Litchfield, Connecticut. They settled in Cayuga, New York, in 1804, and his father, a merchant, died there in September; 1804. A month after his death, his widow removed with the three children to Litchfield, Connecticut. where our subject was reared. In 1808, his mother married Doctor Abel Catlin of Litchfield, Connecticut. She resided there until 1856, when Doctor Catlin died. Then she removed to Portsmouth, Ohio, where she made her home with her son, till her death in 1860. Our subject obtained a common school education, then studied the classics at the Pierce Academy, and afterwards at the South Farms Academy in Litchfield. In 1816, he went to Watertown, New York, and was a clerk in a store for three years. In 1819, he returned to Connecticut and clerked at Winsted until 1824, when he entered Judge Gould's world famous Law School at Litchfield. He attended this school till 1826, when he graduated and went to Cincinnati, Ohio. He entered the office of Bellamy Storer as a clerk. He located in Portsmouth in 1827. His income as a lawyer was estimated by the Assessor as follows: 1830, $300; 1832, $200; 1833, $300; 1834, $400: 1836, $600; 1812, $1,000; 1844, $1,250; 1847, $1,600. His success was the best. On July 8th, 1830, he married Mary Ann Cook, daughter of Hugh Cook and had a large family, only two of whom are now living in Portsmouth: Mrs. Mary C. Damarin and Mrs. Lou Corson, wife of E'd. J. Corson. Our subject was very scholarly and his neighbors appreciated it. At public functions he was put forward to make addresses. August 30th, 1828, he published the law card in Ports- mouth for the first time. On July 4th, 1831, the most famous celebration of the day in Portsmouth, he was one of the committee on toasts. In October, 1832, he delivered the address in the ceremonies of the opening of the Ohio Canal at Portsmouth. In December of the same year, he was advertising lots for sale. In 1831, when Moses Gregory, Auditor, thought he had a sure case against David Gharky, former Auditor, for overcharging in making out the Tax Duplicates from 1827 to 1829, he and the Commissioners employed Sam Tracy as the County Attorney and thought the case was won. Up to that time Sam Tracy had been thought to be invincible. The suit was for $1,000, in trespass in the case. 'The shrewd old Dutchman employed Peck. The case was tried at the March term, 1832, and resulted in a verdict for $278.47 for Plaintiff. Peck took the case to the Supreme Court on the Circuit and it was tried there at the April term, 1834, to a jury, and the verdict was for the defendant. Peck won the case on the charge to the jury, to the effect that Gharky had-settled with the Commissioners and they could not go behind their settlement. The amount of overcharges was $232.90. This suit made Peck's reputation. Any lawyer who could defeat Sam Tracy, before a jury in Scioto County was first-class. In 1839, 1841, 1842, 1845 and 1846, our subject was an Examiner and visitor of the Portsmouth Public Schools. In 1830, he was elected to a seat in the Council to fill a vacancy, but declined it. On the 14th of November, 1843, on the occasion of the visit of Ex-President John Quincy Adams to Portsmouth, Ohio, Mr Peck delivered the welcoming address, on behalf of the town, in the Methodist Church on Second street, where now stands the Hibbs hardware store. On February 16th, 1849, he was on the Committee to meet President-elect Zachary Taylor on his way to Washington,

President Judge of the Common Pleas Court in the Circuit of which Scioto County was a part.. He served under this appointment until February 9th, 1852, when he took his seat as the only Common Pleas Judge, under the new Constitution. He was no doubt glad to get rid of the three Associates in each County. Once they overruled him in Scioto County and he was very much disgusted, Under his appointment by the Legislature, he served at a salary of $1,000, per annum, paid to hold his courts. In 1856, he was re-elected Common Pleas Judge without any opposing candidate. In 1858, he was elected Supreme Judge hy the following vote: Peck, 182, 942 votes, Thomas W. Bartley, 160,610, majority 20,322. In his own County the vote stood;

Peck, 1912; Bartley, 1470. He served one term and declined a reelection. When he returned to Portsmouth in February, 1864, he gave up the profession of law. In 1873, he sold his fine home to Thomas P. Brown and moved to a commodious residence near the river. There his wife died December 11th, 1877, and there he died

December 30th, 1877. He practiced law in Portsmouth, from 1828 until 1847, a period of nineteen years, but he was undoubtedly the best Common Pleas Judge who ever sat on the bench in Portsmouth, When he decided a case, in delivering his decision, he convinced the losing party that he was wrong, and the Court was right. His perceptions were clear and discriminating. When he construed a statute, while he was on the Common Pleas Bench, the Supreme Court sitting in his District, had no causes for consideration. His scholarship was high and he was well trained as a lawyer. As a lawyer, when he prepared a case, tried it on his own theory, and the facts came out as he anticipated, he was invincible, but if thrown out of his course, he was weak. If in Court, he found that his client had deceived him as to the facts, he was utterly broken up and disgusted. He was then without resources. | When the facts were shown as he expected, he could not be beaten. But as a Judge, he was as happy in his decisions as Lord Mansfield. His opinions as a Judge commanded universal respect, and were generally acquiesced in. On the Supreme Bench, his decisions were regarded as the highest authority. The Judge had a great deal of humor about him and many anecdotes are current about him. In June, 1839, Edward Hamilton was Mayor and Azel Glover was Marshal. Hamilton had examined a party charged with an offense and fixed his bail. 'The culprit was red headed and Glover would not give him any time to obtain bail, but dragged him off to jail. Mr. Hamilton was highly incensed and filed charges of impeachment against Glover, who was notified that he would be tried by Council in a summary way. He employed Peck, who asked and obtained twenty-four hours respite. At the end of that time, Peck offered on behalf of his client to apologize and pay the costs, if the charges were dismissed. 'The offer was accepted. A party could not obtain a decree of divorce from Judge Peck, while a Common Pleas Judge unless he made a case beyond all doubts of any kind, reasonable or otherwise. In a cause where there was any question of the right to divorce, Judge Peck would take the papers and after several days would return them to the Clerk and announce that he believed the parties could live together and therefore a divorce would be refused. It is said that the Judge liked to cook his own dinners and especially his beef-steaks. When away from home, he would often ask the privilege to cook his own meals. A story is told that once he and Judge a countryman came in to see the Judges. He found Judge Peck in the kitchen, asking to cook his own dinner and Judge Welch in the parlor playing the fiddle. When asked what he thought of the Supreme Judges, he said he did not think much. He found one in the kitchen asking to cook his his own meals and the other he found playing a d - d old fiddle. After the Judges retirement, he was very fond of reading' yellow back literature and amused himself that way. After he came off the Supreme Bench, he would not go near the Court House and disliked to be called there. In politics, he was first a Whig. He cast his first presidential vote for John Quincy Adams in 1828. After the passing of the Whig party, he became a Republican. Of his co-temporaries at the bar, none of them ever spoke of him as a lawyer and a judge, except in terms of highest commendation. As a Common Pleas Judge, he was considered the superior of all who came before; and since his time there has not been his equal. John Collins was born at Morgantown, Va., October, 1754. His parents, John and Elizabeth Collins, lived and died there. He obtained such education as he could at Morgantown. He married twice, first to Elizabeth Doherty, daughter of Dr. Doherty, in Morgantown, W. Va. He was 42 years of age when he landed in Scioto County. He was at once a man of considerable prominence. In 1803, he was appointed one of the first three Associate Judges, and served by re-appointment until 1832. The first Court held in the County, August 9th and roth, 1803, was held at his house in Alexandria.

He had a handsome daughter, whom everybody admired. Her name was Cynthia and she married Captain Moses Fuqua, of Virginia. She was born of his first wife as were his sons, Thomas and John. His daughter Polly, married William Roby; Nancy married William Young; and Amelia married Philip Moore. There was a son Enos. All these were of his first marriage.

The second wife was Jane Lampson. Her children were Elizabeth, married Nehemiah Beardsley; Joseph, William, David and Susan, married to William Nottingham. All of these are deceased, but David, who lives at Blue Creek, Ohio. John Collins was an old fashioned Democrat, without variableness or shadow of turning. There was nothing piebald about his politics. He always went to every election and voted his party ticket and he always took an active part in every political canvas. He lived to vote for Andrew Jackson in 1832 and died that same year. While a strict partisan in politics he had his friends in the other party. He took a great fancy to young Sam Tracy when he came to Portsmouth. Collins: was the moving spirit in having him appointed Prosecuting Attorney by the Court and declared that, so long as he sat on the bench, Sam should have the office. He kept his word. Collins was a large fine looking man and of a positive and peremptory turn, but he soon learned that an Associate Judge had no duty but to concur with the Presiding Judge, and he followed that out' Once in the early part of his career on the bench, the presiding Judge was absent, and on_ that occasion Collins was the ruling spirit. A party was tried and convicted of hog stealing. Collins pronounced the judgment of the Court and the criminal was ordered to be bound hand and foot, placed in a canoe and set adrift in the Ohio River. The sentence was carried out. Judge Collins was a strict Methodist-for forty years and then left that Church and went to the New Lights, in which faith he died. | He was buried in the Carey's Run cemetery and his grave is unmarked. His character and course of life was remarkably fitted to the time in which he lived.

His father came to America from Ireland about the year 1763, and settled in New Jersey. He was married to Rebecca Minor about the year 1772. They had one only child named Samuel, our subject. Samuel, the father, died a short time after the birth of his son, and the. widow married Robert Taylor. Taylor and his wife raised a large family. Our subject was born April 2nd, 1773. 'At the age of twenty-three he married Elizabeth Burr, of Baltimore, January 26th, 1797. 'They had one child, Anna. His wife; Elizabeth Burr-Reed, died soon after the birth of her child. Samuel Reed moved to Virginia, where he met and married Rebecca Lucas,.on November 5th, 1799, at Shepherdstown. 'They came to Ohio in 1803, and settled first in Scioto County, but afterwards moved to Pike county. He was a carpenter by trade, but in Ohio never followed it. He was a farmer. He had ten children by his second wife - of these, five lived to maturity and married; one of the sons was William Reed, the father of Samuel Reed, the Banker, of Portsmouth, Ohio. Our subject stood very high in his neighborhood as a citizen and business man. He was in 1804 appointed Associate Judge of Scioto. County, vice Thomas Sweeny, resigned. He was elected the same fall and served till 1810. He ust 27th, 1835, and again from June 28th, 1842, until February 28th, 1849. Rebecca Lacas-Reed died, and he married Mary Hicks, November 11th, 1821. He was seventy-eight years old when he married Susanna Jones, March 30th, 1851. Judge Reed was a very strong temperance man. It was the custom, when he went to Piketon to furnish whiskey to the men helping to harvest the grain. Judge Reed said he would not give whiskey to the men. His neighbors said he could get no men to work for him if he did not. He said he would let the grain rot in the field before he would give them whiskey. So all his neighbors who were temperance men came to his rescue and harvested his grain for him, and thus the custom of furnishing whiskey was born in Virginia, in 1772. He came to Scioto County as early as 1806 and located the John Thomas farm, now in Valley Township. He was a Justice of the Peace in Wayne Township in 1809. He was made an Associate Judge, in 1810, and served seven years. He was a good citizen, and was respected by his neighbors. In 1813, he was a Trustee of Wayne Township. He died on the 30th of November, 1842, leaving a large family, all of whom have left Scioto County and none of whom could be communicated with in regard to him. Mr. Mastin was an extensive dealer in real estate and towns lots, as the early records disclose. - was born July 23rd, 1781, near Morgantown, Virginia. His father, David Crull, came from Heidelberg, Germany, at the age of ten years, in 1763. He married Nancy Bennett in Virginia, about 1787. The whole Crull family came to Ohio in 1805. 'They came on a raft and landed at the mouth of the Little Scioto. The children of David Crull were: William, Samuel, our subject, Jemima, David, Charles, Henry, Susan and John. All came to Scioto County with their father David. Afterwards Charles, Jemima, Henry and Susan married and went West. 'The others remained in Scioto County. 'The original form of the name in Germany was Kroll. Our subject was married October 14th, 1802, to Jane Howell in Virginia. When they came to Ohio, they had but one child, William, afterwards Doctor William Crull. Eight children were born to them, but four sons and three daughters reached maturity. Their names were John, Julia, Samuel, Harriet, David, Martha and Jane. David was the father of Mrs. Emma J. Slattery. Charles Crull, brother of our subject, had visited Scioto County and spied out the land before the others tame. Our subject purchased a large quantity of land in the vicinity of Harrisonville. He helped to locate the village and gave a lot and $50 for the Methodist Church there. When Judge Crull located near Harisonville, his nearest neighbor was his brother Charles at Harrisonville and his next nearest Isaac Bonser, at Dixon's Mills. He enlisted' in the war of 1812 and got as far as Sandusky, when peace was declared. Judge Crull was a devoted and enthusiastic Methodist. He always entertained the visiting ministers and could not do too much for the church. In politics, he was a Whig. He was an active, industrious man. He built a saw mill on Long Run about three-fourths of a-mile above Harrisonville. He also had burrs for grinding corn. It was run by water power and was the first mill in that part of the country. In 1827, Isaac Bonser, Democrat, and Samuel Crull, Whig, were candidates for the Legislature. Bonser received the certificate, but Crull contested and was awarded the seat. He was an Associate Judge of the County 1813 to 1827, 1830 to 1837, 1848 to 1851, twenty-four years. He bought and gave each of his sons a farm. At his own home on his farm, he delighted in entertaining his friends and among those entertained there, were those great Whig apostles, Moses Gregory, John R. Turner and Colonel Oscar I.

Judge William Givens was born in Mason County, Kentucky, September 18th, 1782. His father, who was a farmer, was killed by the Indians before William Givens was born. He was living in Mason County, Kentucky, and had been married buf a short time, and had gone to housékeeping. One morning on leaving his cabin he was shot by an Indian. This was about the time that seventy-five Wyandot Indians crossed the Kentucky river at Boonesboro and marched North. Then ensued a fierce and sanguinary struggle for possession of the hunting grounds, in which many settlers lost their lives, and many others emigrated to Ohio. His mother, who was a sister of Judge David Mitchell, afterwards married John McBride, and there were three children of her second marriage. William Givens subsequently moved to Scioto County, afterwards to Jackson County, and later, in 1826, returned to Nile Township, Scioto. County, Ohio, where he purchased 301 acres out of the Graham, O'Bannon & Massie survey of 1550 acres, dated, June 20th, and July ard, 1795. 'This survey had a frontage of three and one-third miles on the Ohio river, the Givens tract of 301 acres lay near the upper part of the survey. By some fault or defect he was compelled to pay for this land the second time. 'The land purchased by him was covered with a dense forest and he and his elder sons, William, David and John, cut off the timber to clear the land and sold the wood used in making payments on the farm. At that time, 1827, the "Eliza" was a steamboat with "walking beams," that being the only class of boats on the Ohio every description was plenty, bear, deer, wild turkey, squirrels, etc., while the wolves kept things lively in their well known manner. While in Jackson County, he was engaged largely in the manufacture of salt for several years, that point being the great center for the supply of this product to the settlers for many miles around.

William Givens served in the war of 1812, holding the position of First Sergeant in Captain Jared Strong's Company, Ohio Militia of the First Odd Battalion, Second Brigade, Second Division, late in the service of the United States, commanded by Major Ben Daniels from the 29th of July, 1813, to the 19th of August, 1813, inclusive. Service performed was marching into the Indian country for the relief of Fort Meigs, then beseiged. William Givens was elected by the Ohio Legislature as Associate Judge of the Courts of Common Pleas for Jackson County, on February 25th, 1816, and again on January 22, 1823, for the same county, and' afterwards for Scioto County in 1832. The Counties of Pike and Jackson constituted a Legislative District until the census of 1820 was taken. In 1818 Judge William Givens was elected a member of the House of Representatives from this district and served one year. On February 7th, 1814, an Act was passed by the Ohio Legislature in order to promote the discovery of salt and to encourage the manufacture of it at the Scioto Salt Works and to foster that industry. Salt was then worth from $4.00 to $6.00 per bushel of eighty pounds, and the larger part of it was brought across the Alleghany Mountains on the backs of pack horses. William Givens and six others had petitioned for assistance to dig, each, a well, they to bear the incidental expenses, and in return to have exclusive use for five years. Under this Act, John Nelson, who married Judge Givens' half sister, Miss Polly McBride, sank a well to the depth of 240 feet, John Wilson to the depth of 260 feet, and Henry Harman to the depth of 260 feet, but no stronger brine was discovered. An Act to make further experiments was passed February 15th, 1815, directing William Givens to sink a well 350 feet deep, and to be two and one-fourth inches in diameter at the bottom, for which he was to be paid $700.00, the water to he strong enough to make 50 pounds of salt for 250 gallons of brine, a stronger water than was obtained in Kanawha, in 1810. He found many difficulties, and on February 24th, 1816, an Act was passed extending his time to April rst, 1816, to finish and tube his well. Mr. Givens executed his work faithfully and then added another one hundred feet to the depth at his own expense. At this depth of 450 feet the boring ceased, a stronger water was obtained, but it was small in quantity and did not rise to the top of the well. Force pumps for raising water were not then in use as they are now. No less than fifteen Acts were passed on the subject of the Ohio Salt Works. Givens' experiment demonstrated that a brine strong enough to compete with that of other salines could not be secured at Jackson, and the Ohio Legislature passed a resolution on January 3rd, 1818, favoring the sale of the Ohio Salt Reserve. The Givens salt well is still open. - It is a few hundred 'feet above the Baler building in Jackson and the water stands the year round in the well pipe. Huis furnace stood on the knoll near by to the South, and its remains may be seen whenever the ground is plowed. 'The small creek emptying into Salt Creek a few hundred feet below bears the name of Givens' Run, and thus his name survives in this historic spot. Salt at that time was measured and not weighed. 'The manufacture was stopped on account of the scarcity of wood and the failure of the salt wells. Mr. Givens prospered at the Salt Works. He erected a two story log mansion. The house was built of logs but was better than the ordinary log house of the early days, in that it had two stories. 'The lower floor consisted of two rooms, while the upper story consisted of one large room, -unceiled. This house was for years the finest residence in all Jackson County. It stood near the site of Fulton Furnace, and was the first seat of Justice. Under an Act of the Ohio Legislature, passed January 12th, 1816, to erect the County of Jackson, Sec. 5 reads as fol- lows: "That the Courts of said County of Jackson shall be holden at the house of William Givens, within the reserved Township, at the Scioto Salt Works, until the permanent seat of Justice for said county shall be established. This Act shall take effect and be in force from and after the 1st day of March, 1816." The first meeting of the County Commissioners was held at his house, as ordered by the Legislature, the record of which meeting is now lost. The first Court of Common Pleas was held at his house. The Court opened Monday, August 12th, 1816. The weather was very warm the first day, an adjournment was had to the shade of a large white oak tree near by. When the grand jury was organized the court officers led it away some distance from the tree, where it held its meetings, the crowd being kept out of hearing by the constables.

The Presiding Judge was the Hon. John Thompson, of Ross County. Judge Thompson was the guest of Hon. William Givens, whose residence was the seat of Justice. His associates were Hugh Poor, David Payne and William Givens. 'The house of William Givens, where the Common Pleas Court was held during the year 1816, was situated just north of the Court House in the City of Jackson. William Givens, whose activity, energy and influence had been largely instrumental in securing the organization of Jackson County, was elected by the Ohio Legislature on February 24th, 1816, as one of the first three Associate Judges of Jackson County. Judge Givens was head and judge in his own house, like the Patriarchs of old, At this first court the entire male population of the County was said to have been present, viz., salt boilers, planters, hunters, trappers, hermits * and squatters, silent men with coon-skin caps and clothes of deer skin. Judge William Givens was married July 13th, 1809, to Susanna An-, derson, who only lived a short time, leaving no children. He was married the second time on October 24th, 1810, to Rachel Stockham, who was the sister of Mary Stockham, who married Judge David Mitchell, and Anna Stockham, who married John Bennett of Jackson, and Ruth Stockham, the wife of William Crull, and had brothers: Aaron, Joseph, John, Payne and William Stockham. These were all children of William Stockham, who was a native of Wales and emigrated to the United States in 1777, and settled near or in Trenton, New Jersey, where he married Susannah Payne, and in 1798 came to Ohio with his family of ten children, and in 1803 he settled in Madison Township, Scioto County. He died at an advanced age in 1815, his wife dying in 1835. Rachel Stockham was born in Trenton, New - Jersey, May 3rd, 1794, and married William Givens as above stated. Eleven children were born to them, viz., William, (see sketch) ; David, married Cynthia McCall; he died and his widow married David W. Murphy (see sketch); John married Eliza Collier; Samuel and George died unmarried; Allen F. (see sketch) ; James Harvey, married twice, first to Margaret Burriss, who died February 20th, 1871, and afterwards to Mrs. Elizabeth (Royse) 'Teeters; Cynthia A. married John McDermott; Jane and Mary died young; and Thomas J. married Elizabeth Leighton, who died leaving two children. He afterwards married Emily Bennett, of Jackson, a daughter of John Bennett, and had one daughter. Judge Givens was always a Whig in politics until the dissolution of that party, and was always a Republican afterwards. He was a, Methodist. He had a fine col- 'lection of books for his day. It was composed of the best standard works of reference in encyclopedias and commentaries on Law and the Bible, the Bridgewater Treatises, historical and biographical works, etc., all of which bore the marks of having been well read, as well as well cared for. He was a great reader of current events, and took the same untiring interest in the welfare of matters of state, nation and country, township and neighboring welfare, that he had previously shown in Jackson County. He died June 26th, 1863, at the home of his son, Allen F., in Nile township, from the infirmities of old age, aged 80 years, 9 months and 8 days. Rachel (Stockham) Givens, his wife, died February 18th, 1865, while visiting at the home of her son, William, of an acute attack of heart disease, aged 70 years, 9 months and 15 days. The descendants of Judge Givens are now scattered over many states. His name was so intimately associated with the Salt Works and early history of Jackson County and the organization of that County, that a sketch of one would be incomplete without the other. At this writing, March Ist, 1902, only one of his children is yet alive, viz., Allen F., (see his sketch). The writer of the foregoing (in his young manhood) knew the Judge and his good wife personally, knew their rare accomplishments, had the honor of their society, love and friendship, and was many times made welcome to their hearth and-home. Joseph Moore was born February 13th, 1790, in Hampshire County, Va. In the same year his parents came down the Ohio River in a flat-boat and landed at Limestone, Ky. They located first in Mason County, Ky. Joseph Moore, the father of our subject was a local Methodist Minister. He took his family and located on Ohio Brush Creek in Adams County in 1797. In 1797, he organized a Methodist society there and in 1800, built Moore's Chapel. It was begun in the winter and finished in the spring. 'The first services there were in August, 1801. It is said to have been the first Methodist meeting house in Ohio. Today there stands on the site a frame church, successor to the original edifice. Joseph Moore, the father of our subject, was also a revolutionary soldier from the State of New Jersey. His mother was Rebecca Foster, also from New Jersey. His father died in 1833. Joseph Moore saw and experienced all the pioneer hardships. He was fond of relating how, when a boy in Kentucky, he rode forty miles through the wilderness to mill. "He rode the horses which pulled the logs to erect the first Moore's Chapel. At the age of 15, he was placed as an apprentice with Job Denning, at Killenstown, Ohio, to learn the stone mason's trade, and he learned it well. He-aided in the erection of Judge Denning's stone house at Killenstown, and helped to build a stone store house on the present site of the Hood Corner in West Union, Ohio. In 1814, he went to the vicinity of Rockville in Adams County and purchased the present Loughry Lands, of General Nathaniel Massie's heirs. There he built the stone house which is_ still standing midway between Rockville and Beuna Vista. He also built the stone house which formerly stood below Rockville on the lands of the Shale Company. He built the stone house near Upper Twin Creek, and one for Levi Moore, which stands near Hygean Run in Washington Township, Scioto County. He built the stack for the Brush Creek Furnace on Brush Creek in Adams County. In 1812, he was working for William Lawson in Scioto County, and married his daughter, Mary. He was out in the general call in the war of 1812, in Captain Wikoff's Company and received a pension on account of the same under the law of 1878. He was the pioneer in the stone business. He engaged in it at Rockville form 1814 to 1830, and got out much stone. He shipped it to Cincinnati on rafts made of logs from deadened timber. He made considerable money in the business and in 1830, invested it in a good farm above Upper Twin Creek in Scioto County, where he continued to live until his death. His father had twelve children and he had eleven of his first marriage. His first wife died July 24th, 1838, and on August 6th, 1839, he married Isabella Elliott. She died May 3oth, 1848, and on February 15th, 1849, he married Sarah Chenowith. She died February 2nd, 1878.

He joined the Methodist Church in 1812, and was a faithful member during his entire life. He was also a true and loyal Democrat, and never wavered. His first Presidential vote was cast in 1814, for President Madison. He voted for Monroe both times he was elected, and for General Jackson in 1824, 1828 and 1832. He never voted any ticket but the Democrat, and he never used liquors or tobacco. He never belonged to any secret society. He served the Democratic party with great euthusiam. He was always ready to lead the forlorn hope for it, at any time. While he never sought office, if his name was needed to fill out the ticket, it was at the service of his party. He was as zealous a Methodist as ever lived. He was a class leader in the Methodist Church for over forty years. He held every office in the local church. He aided in building McKendree Chapel on Upper Twin Creek, and laid the stone foundation. He was elected an Associate Judge of Scioto County, February 11th, 1834, and served one term, seven years. He remembered the territorial legislature of 1799, and the admission of the State in 1802. He remembered well when the first lots were sold in Portsmouth, He called on Dr. Tho-

The derivation of the name signifies judgment or power; but in this case, it happened to be a misnomer. He was born in 1803, and the locality of his birth was in New York. He came to Portsmouth in 1831. He married Eliza Butler, daughter of Samuel Butler, a tavern keeper, but there was no issue of the marriage. His first residence in Portsmouth, after his marriage, was the house where Mrs. George Wilhelm now resides on the southeast corner of Front and Chillicothe streets. He afterwards bought the whole square bounded by Seventh and Eighth, and Washington and Court streets, and resided there at the time of his death.

In 1838, he advertised in the newspaper as being engaged in the business of selling whiskey and pork in Portsmouth, and for a considerable part of his time was a clerk in the commission house of G. J. Leet. He at one time kept a hotel on Pig Iron Corner. In his political faith, he was a Jacksonian Democrat, and seemed to be fond of political office. He was appointed as an Associate Judge of Scioto County by a Democratic majority in the legislature for seven years from February 16th, 1837. He succeeded Samuel Crull, and was succeeded by William Salter. He first occupied the bench in Portsmouth at the May term, 1837, and he last sat at the December term, 1843.

Tomlin was the first mayor of the city of Portsmouth. He commenced the duties of his office in March, 1837. In 1836, he was elected a member of the town council for three years. On May 4th, 1838, he was appointed 'a member of the committee on claims of council, and thus obtained his title to be one of the aristocrats at Portsmouth, they being persons who served on the committee of claims, or their descendants. On March 27th, 1837, was the first election of the town officers by the people, other than councilmen. At this election Mr. Tomlin was elected mayor of the town. On March I5th, 1844, he was re-elected mayor of the town over Oscar F. Moore, the Whig candidate. Rumor says that false defamatory circulars distributed just before the election to influence the voters against Mr. Moore resulted in the election of Tomlin. The town made a sorry choice, for on April 28th, 1845, council passed a resolution that, owing to ill-health and deafness, the mayor was inefficient and that a mayor pro tem should be appointed. Owing to legal difficulties, that action was not consummated until February 2oth, 1846, when George Johnson was appointed mayor pro tem on the ground that Tomlin was sick and incapacitated. At the next election March ioth, 1846, George Johnson had 266 votes for mayor; Isaac Kirby, 88; and Richard Tomlin, i

On June 16th, 1846, Tomlin died; and council attended the fun- _ eral officially. He is buried near the Elijah Glover lot at Greenlawn cemetery, Portsmouth, O., and_his grave is marked. If he was noted for anything, it was for mediocrity in office. _ His widow married again and left Portsmouth.

was born January &th, 1787, in Wyoming, Luzerne County, Pennsylvania. He moved to. Tioga County, New York, where he was married April ist, 1817, to Sarah Taylor, who was born February 7th, 1798, in Canajoharie, Montgomery County, New York. Their son, Franklin, was born April 12th, 1818, and on October 13th, 1818, they with two other families started to Ohio. They came by way of the Ohio river and landed at the mouth of the Little Scioto River, December 3rd, 1818. Soon after his arrival, Abijah Batterson bought the farm on the Little Scioto, on which his grandson, Addison Batterson now resides, and moved on the same place February 3rd, 1819. There his son, Addison Batterson, was born February 27th, 1820. Judge Batterson had no other children, but the two sons. From 1839 to 1846 he was one of the Associate Judges of Scioto County. He was a Ist Lieutenant in the T. H. Rifle Company, First Regiment of Riflemen, Fourth Brigade, Second Division, Ohio Militia, appointed September 14th, 1844. He was a respectable citizen, and was a strong Democrat, time tried and fire tested, and never fell from grace with his party. His son, Franklin, had the following children: John, Addison, Aaron, William, George, Charles, Abijah and a daughter, Sarah, who never married. The Judge's son, Addison, had a son, Oliver, whose children are Arthur R., Edith M., Earl T. and Beatrice P.

One of the most forceful characters who ever occupied the stage of public affairs in Scioto County was Edward Cranston. He was born February 2nd, 1790, in Rhode Island. He came to Portsmouth sometime prior to 1820. In that year he was the Captain of an Artillery Company in Portsmouth, which held its meetings at the Court House, so that he was a leader among the young men of his time. It seems he worked for John Thornton in his blacksmith shop connected with his carding mill, where now stands the Elk restaurant.

One Aaron Jones had built a carding mill in 1816, which ran with a sweep. In 1820, he decamped in the night with what effects he could carry away with him in an open boat. William Lodwick a creditor seized and sold his mill and it was bought in by David Gharky and Edward Cranston, who became partners and conducted a carding mill in Portsmouth for some time thereafter. These partners were par excellence the two most self-willed persons in the County, at that time, or at any other time, but so far as posterity knows, they got along pleasantly. Cranston knew more about the business and he tore out the sweep and put in a large inclined wheel to operate the mill. This was before the day of steam engines. February 21st, 1821, Cranston was married to a Miss Nancy Cole by Phillip Moore, Justice of the Peace. He reared a large family.

He moved to Wheelersburg in about 1828 and continued to reside there the remainder of his life. There he conducted a carding business and a woolen mill, in which he associated his sons and which has been conducted to the present 'time by members of his family. On June 21st, 1830, he became Commissioner of Scioto County, succeeding to the unexpired term of Samuel B. Burt, who had left the County. He was re-elected in 1832, receiving 687 votes, and without opposition. He was-re-elected in 1835, and served until 1838, when he was succeeded by William Salter. During the time he was Commissioner, the present Court House was built by Gen. Wm. Kendall. The Little Scioto Bridge was let out June 17th, 1831, to Henry Jeffords, but was not completed until May the 20th, 1834. The Court House was let September 17th, 1835, at $12,650, to Gen. William Kendall. A new Jail was also built while he was Commissioner. October 14th, 1837, the Court House was completed. From 1846, to 1851, he was an Associate Judge of Scioto County. He was in the period of his activity one of the principal Whig politicians in Scioto County.

The historian of Scioto County will find abundant labor and trouble when he begins to investigate the Noel family. There are so many of them and the earlier ones among them obeyed the eleventh commandment so assiduously that they puzzle the historian.

' If any one will take the pains to read all about the Noels in this book, they will find that the subject of their devotion to religion or piety is elided. While good citizens they were not as a tribe characterized by religious fervor. Jacob P. Noel has long since gone to his reward and left no descendants, and if we should attempt to find fault with his life or character, we could not do it on account of this. He was the best of the Noels, beyond any question, and was noted for his piety. Jt was 18 carats fine every day in the week. To speak the truth of Jacob P. Noel, no one could speak except in commendation. He was the fourth child and son of Philip Noel, who was born in Pennsylvania in 1765. His wife Susannah Putnam was born in Virginia in 1767. After his marriage, Phillip Noel located in Hampshire County, Virginia, and there on December 20th, 1791, our subject -was born. In 1798, he located in what was then Adams County; and engaged in farming and also kept a hotel for thirty-four years. He died April 12th, 1849. He had thirteen children, ten sons and three daughters. Phillip Noel located about three miles north of Portsmouth and cleared the first land in the Scioto bottoms. In 1806, Jacob P. Noel at the age of 15 years, was in Portsmouth and worked in Henry Sheeley's brickyard, at off-bearing brick. In 1809; he was apprenticed to Elijah Glover to learn the hatter's trade. Apprenticeship in those days meant the apprentice to live in the family of the Master. Elijah Glover had a daughter Ann, and the usual result followed. On September Ist, 1815, our subject married Ann Glover. He served his apprenticeship with Elijah Glover and concluded it by enlisting in the Company of Captain David Roup to go into the war of 1812. There were Only seven Noels in the Company, Daniel Noel, Fourth Corporal ; John Noel, fifer; John Noel, sr., Peter Noel, Nicholas Noel, Phillip Noel and our subject. Four of these, Peter, John, Phillip and Jacob P. were brothers. The latter was mustered in this company May 7th, 1812 and was in Hull's surrender. They- were out five months. 'When Jacob P. Noel returned from the war, he set up a hat shop of his own, and conducted it a number of years.

In 1819, he was a member of the Town Council and in the same year was on the Committee on Streets with William Kendall. In April, 1821, he was elected an Overseer of the Poor of Wayne Township. In June of the same year he was elected a Justice of the Peace of the same Township. He seemed to have a fondness for that office for in 1843 and 1846, he again held it. In 1824, he was Supervisor of the westward, and again in 1827.- In 1827 he carried on a grocery at Jefferson and Front streets, and for a number or years afterward. He and his nephew, John Glover, for some time conducted a dry goods store at Franklin Furnace. In 1830, he and Dr. John Glover, his brother-in-law, 'with three others built the upper rolling mill, better known as the Gaylord Mill.

He built the Sam Tracy home on Front street and sold it to Mr. Tracy. Afterwards he built the house where Counselor Frank Finney now resides on Sixth Street. Then he bought three acres of land where the Portsmouth Range Works now stands and resided there for some time. In 1834, he was a Trustee of the Methodist church and he and his wife were, all their lives, devoted and faithful members. When Methodism was first organized in Portsmouth in 1813, Ann Glover was one of the first seven to enroll their names. Were we to make a roll of the Methodists of old time in Portsmouth, Father McDowell would come first and Jacob P. Noel second.

In 1846, when the first Poor House Directors were chosen, Jacob P. Noel was one and served three years. In 1848, he was a School Director of Portsmouth. He was a Whig, while the Whig party lasted, and after that was a Republican.

firmary Directors. From 1850, he lived in the Country for several years, but tiring of rural life came back to Portsmouth and engaged in the grocery business. He was a man of excellent judgment both in public and private affairs. Everyone had confidence in his honesty, integrity and christianity. His old age was filled with a conscious, ever present sense of duty well done, and his memory leaves a sweet incense. He died March 27th, 1872, of a cancer of the face leaving his widow surviving him. John James Harper was born in Fairfield County, Ohio, July 6th, 1834. His father was Alexander Harper, a native of Berkeley County, West Virginia. His mother was Jane (Cunningham) Harper, a native of Fairfield County, Ohio. His father was a farmer and for some time a Justice of the Peace. When his family were grown he moved to Peoria County, Illinois, where he died in 1858 and his wife died in 1881. Our subject received a common school education and qualified himself for a teacher, which vocation he followed in Fairfield and Pickaway Counties. In 1853, he purchased an interest in a photograph outfit with one Horace Ellis, and together they came to Portsmouth, where Mr. Harper continued to reside until 1886. Ellis left the business to. his partner who continued alone a few years. In 1856 Mr. Harper married Miss Emily Jones, of Portsmouth. Their four sons were John Ellis, who is a lawyer in Denver, Colorado; William A., a resident of Portsmouth ; Samuel G., who is a Civil Engineer and the youngest Joseph H., who is a lawyer in Washington C. H. Our subject began the study of law in Portsmouth, in 1858, under Hutchins and Gaffy and was admitted to the bar April 25th, 1860. The office of Prosecuting Attorney in Ohio was created for the benefit of ambitious young lawyers and Mr. Harper was of that class. He began his political career as a Republican, and in 1861 was the nominee for Prosecuting Attorney on the. Republican ticket. | His opponent was George O. Newman, who had just returned from three months military service and he defeated Mr. Harper by a majority of 183. The vote stood George O. Newman, Democrat, 1640, Harper, Republican, 1457. In 1863, Mr. Harper was again a candidate for his party and Mr. Newman was on the Democratic ticket at that time. Judge Harper was on the War ticket and Mr. Newman's ticket was supporting Vallandigham for Governor. The vote stood Harper, 2208; Newman, 1795; majority 413. May 2nd, 1864, our subject enlisted in Company G, 141st O. V. I. and served until September 3, of the same year. In 1865, he was again the candidate of his party for Prosecuting Attorney. This time against Andrew J. McFann. The vote stood Harper, 2116; McFann, 1901; majority for Harper, 215. On January 3rd, 1867; he formed a law partnership with the late Colonel Henry E. Jones, under the name of Harper and Jones, which continued until February gth, 1870. In January, 1868, he retired form the office of Prosecuting Attorney, and in the fall of that year was elected Presidental elector for his party..-On February 9th, 1870, he formed a law partnership with F. C. Searl, which continued until December 27th, 1871. In the summer of 1871, he was nominated for Common Pleas Judge, and was elected over John Plyley, who was on the Democratic ticket. He received the phenomenal majority of 1696 in his county and 2168 in his district, composed of Scioto, Pike, Lawrence, Jackson and Vinton Counties. He was re-nominated and re-elected in 1876, and served until February, 1882. In that year, he formed a partnership with Hon. John K. Richards, now Solicitor General of the United States, which continued about one year. In November, 1884, he formed a partnership with John C. Milner and

In 1874, his wife died. On June 22nd, 1875, he was married to Miss Anna Eliza Robinson of Washington, C. H. In 1886, he removed to Washington, C. H., where he now resides. Soon after moving there, he formed a partnership with Thomas W. Marchant, which continued until 1889. In 1892, his son Joseph, was admitted to the bar and was at once associated with his father in business, under the name of Harper and Harper. Judge Harper was always a believer in bimetalism. In 1896, he supported Bryan and Sewell, and in 1900, he also supported Bryan, for the Presidency, and has since been a supporter of the Democratic platform of 1896. As a lawyer, Judge Harper has been very successful. He examines his cases thoroughly, obtains and analizes all the facts and informs himself of all the law bearing upon it and when he presents a case to a court or jury, he presents it with all the force of his intense nature. He is noted for his superior qualities as an advocate. He is a great believer in the ethics of the profession. When once he accepts a case, his client can rest assured of his best effort and service and that no labor or pains will be spared to present his case in the very best manner. During his residence in Portsmouth, he was frequently employed in important cases for the county and city, and once he was employed by the city to revise its ordinances. His standing is among the ablest lawyers of the state,

In personal appearance he is tall, erect, above the average height of fine manly and gentlemanly appearance. He always wears a silk hat and is most fastidious in his dress and personal appearance. His linen is always immaculate and his clothing of the best and most fash-- ionable. He was always the best dressed lawyer at the Portsmouth Bar. While he was in politics he always had the support of his county for Congress, and might have been in Congress, had he had the ability to make political deals. That he scorned and hence he missed the honor of representing his District in the National Legislature. He enjoys the respect of the members of his profession throughout the state for his legal attainments.

Hon. James W. Bannon

was born in Portsmouth, Ohio, September 22nd, 1841. His father was Edward Bannon, who came to Portsmouth April 7th, 1837, a native of County, West Meath, Ireland. His mother was Bridget Dervin, a native of Dublin, Ireland. His parents were married in Ireland. He went to school in Portsmouth, until he was fifteen years of age. Among his teachers were Miss Rankin, Prof. Dodge, James H. Poe, John Bolton, Jennie Wheelock, and Prof. E. E. White. At the age of fourteen, he went into the employment of Emanuel Miller, and was a boy about the store. He remained with him until he was twenty-one years of age. While in Mr. Miller's employ he began the study of law under the direction of Judge Peck, then on the Supreme Bench. He read under Judge Peck for thirteen months. He went into Judge Towne's office January Ist, 1863, and was admitted to the bar, March 15th, 1864, on a certificate signed by Judge Wm. V. Peck and H. A. Towne. He enlisted in Company "EF", r4oth, Ohio Volunteer Infantry, May 2nd, 1864, for one-hundred days, and was mustered out September 3rd, 1864. He was the First Sergeant of the Company. After he came back from the war, he went into partnership

He was Common Pleas Judge of his subdivision from October, 1884, till February, 1887, and administered the office with great credit, but declined a re-election. He practiced alone until 1891, when he formed a partnership with his son, Henry I. Bannon; and during that same year his son Arthur H., was admitted to the bar, and became a member of the firm. He is in partnership with his two sons under the firm name of Bannon & Bannon. He was a member of the City School Board from 1874 to 1877. He has been President of the First National Bank since 1893. He has been Counsel in Ohio for the Norfolk & Western Railroad since it purchased the Scioto Valley, and held the same position for the Scioto Valley several years before. He is a Director of the Portsmouth & Kentucky Fire Brick Company, and in the Drew, Selby Company. He operates a farm of 1000 acres, and is engaged in the general practice of law with his sons as before stated. He was married April 24th, 1866, to Mary E. Smith,

'and Arthur Hurd, who are his law partners; a daughter, Charlotte a teacher in the Portsmouth High School; and James W., an employe in the Drew, Selby Shoe Factory.

_ Judge Bannon has been remarkably successful in his career He stands at the head of his profession as a lawyer, and has been 'equally successful in business enterprises. Any orginization in which itics, but has never been ambitious for himself. Socially, he is a most charming companion and his delineations of Irish character and humor are true to life. He is always at the-command of his. friends and the community in general desires to be in that class.

was born August 15th, 1850, in Madison 'Township, Scioto County, Ohio. His father is William Dever and his mother's maiden name was Louisa McDowell. He is the only son of his parents, and the first born, but has eight sisters. His maternal great grand-father Bennett was a soldier in the war of 1812. His father was and is a farmer, and he was reared on his father's farm, until the age of 15 years, when he attended the Jackson High School. In 1867, he began teaching in the Common Schools, and taught and attended school at Lebanon alternately until 1871. In that year he took a Commercial Course in the Iron City Commercial College at Pittsburg, Pa. In October, 1871, he began the study of the law in the office of Messrs. Harper and Searl, in Portsmouth, and read law under their instructions until October, 1872, when he attended the Cincinnati Law School that fall and winter. In April, 1873, he was admitted to the bar by the District Court of Hamilton County, and immediately began the practice of law in Portsmouth. In May, 1873, he was appointed one of the School Examiners of Scioto County, Ohio, and held the office for twelve years. He was prouder of this appointment than any with which he was ever honored, because it was his first, and during the whole time he held the office, he was associated with the Reverend and Venerable Dr. Burr, as one of his colleagues on the same Board. It was a great honor for anyone to be associated, officially, or otherwise with Dr. Burr, and so Judge Dever regarded it. In April, 1873, he formed a law partnership with Judge F. C. Searl, as Searl & Dever, which continued until January Ist, 1879.

He then formed a law partnership with the Hon. Dan J. Ryan, as Dever & Ryan, which continued until February, 1881. In the fall of 1879, he was elected Prosecuting Attorney of Scioto County, Ohio, for the period of two years.

re-elected by a majority of 1250 for three years. He discharged the duties of the office with ability and fidelity. In the fall of 1886, he was elected a Common Pleas Judge of the Second sub-division of the Seventh Judicial District. This election, in the fall of 1886, was the first state election held in Ohio, in November.

On April 21st, 1896, the County of Adams was taken from the first sub-division of the Fifth Common Pleas Judicial District and placed in the second sub-division of the Seventh Common Pleas Judicial District. This law took effect September Ist, 1896.

William

On Feb. 8th, 1897, Judge Dever retired from the bench at the close of his second term and was succeeded by Hon. John C. Milner. Judge Dever's record on the Common Pleas bench compares favorably with a number of his able and distinguished predecessors. He possessed great executive ability and as a Judge, kept all his business well in hand. He never allowed his dockets to get behind. Since his retirement from the bench he has engaged in the practice of the law, with great success.

On July 27th, 1876, he was married to Miss Lydia Austin of Ironton, Ohio. She lived but a short time and on July 4th, 1878, he married Miss Mattie Gilliland of Jackson County. Of this marriage, three daughters have been born. Louisa, the eldest attended the Ohio State University from 1897 to 1899. She entered Mt. Holyoke (Mass.,) Seminary in September of the latter year and was graduated therefrom in 1901. She is at present employed as a teacher in the Portsmouth High School. Martha, the second daughter is a student in the Portsmouth High School, and Alice, the third daughter, is in the Grammar School.

William W. Johnson was born August 17th, 1826, in Muskingum County, Ohio, the son of Solomon Johnson and Elizabeth Wartenbe Johnson, his wife. His father was a native of Litchfield, Conn.,.and his mother of Ohio County, Virginia. His father and ancestors had been farmers, and so our subject was raised on a farm in Muskingum County. As a boy he was a diligent student and a tireless seeker after knowledge. He attended the Muskingum College at New Concord, one term. At the age of seventeen he began teaching, and continued this vocation at intervals until he was twenty-three years of age. He then began the study of law in the office of Charles C. Convene at Zanesville; and was admitted to the bar in 1852. He immediately. located in the city of Ironton and began the practice of law. He took an active part in the formation and organization of the Republican party. In the fall of 1858, he was elected to the office of Common Pleas Judge, the first additional Judge in the Second sub-division of the Seventh Judicial District. He served until October 24th, 1867, when, owing to his resignation on account of the salary being only $1500, he was defeated by Martin Crain, in the Democratic landslide that year. He was reappointed May 8th, 1870, and re-elected that fall for a term to expire February 9th, 1874. His election was unamious, as the Democratic party declined to put any candidate against him; but he resigned the office on March 28th, 1872, on account of ill health. In 1874, he was nominated for Supreme Judge by his party, but was defeated. In 1876, he was appointed on the Supreme Court Commission for three years. In 1879, he was re-nominated for Supreme Judge and elected. He was re-elected in 1884, and resigned on account of failing health November gth, 1886. On October 24th, 1854, he was married to

Miss Ella Blocksom, a daughter of Judge Blocksom of Zanesville. They had two sons: William, born March 3rd, 1865, and died October 6th, 1865; Henry Blandy born March 4th, 1867, and died June 21st, 1883. He died March 2nd, 1887, at Ironton, Ohio.

The editor of this work had the good fortune to begin practicing law in Scioto County under Judge Johnson; and entertained for him the greatest admiration and respect for his judicial abilities. Judge Johnson was a natural born Judge. He had all those qualities which go to make up a learned and impartial interpreter of the law. On one occasion when he 'was about to enter into the trial of an important case, and was opposed on the other side by counsel of not long experience, his client suggested that he have the aid of older counsel. The writer said to this client that a case would try itself befor Judge Johnson, and the event so proved, and even handed justice was administered in the decision of the case, though the plaintiff was represented by a beginner at the bar, and the defendant by counsel of thirty years experience. In the choice of principles which govern the decision of a case, Judge Johnson had the happy faculty of applying those which would meet the judgment of the ablest of his profession. Without any exceptions, he was as able a judge as ever occupied the Common Pleas Bench in Scioto County. The following additional character estimate has been furnished by the Hon. W. 'T. Spear, one of the present Supreme Judges of Ohio, with whom Judge Johnson was associated in his lifetime.

It was my good fortune to serve for a time with Judge Johnson in the Supreme Court, and thus I came to know him socially, and as a jurist. He impressed me as a widely informed man, and as one possessing accurate knowledge on many subjects. His knowledge of law was excellent. The underlying principles were with him as household words, and he was inclined to determine disputed questions more by applying to them the test of principle than the opinions. of text writers or the decisions of Courts.

Governor Hoadley, than whom no man is better qualified to judge, once spoke of Judge Johnson in my hearing as a "wise Judge." The remark was eminently just. It well describes Judge Johnson's judicial character. He was learned in the law, and possessed in a high degree the discernment necessary to make proper use of that learning. He was not only learned but he was sagacious. Added to these qualities was a strong sense of justice and an independence of judgment which inclined him to stand by his own convictions, deliberately formed, whether in accord with the views of others or not. Hence he was a useful force in all relations of life.

Judge S$. N. Owen, who served many years with Judge Johnson, - and had abundant opportunity to form a.correct opinion, once remarked that "his strength as a lawyer was more apparent in the consultation room in the discussion and determination of difficult legal questions than in his written opinions ; that while they are sound, logical and able, many of them found in the State Reports, fail to do him justice; fail to adequately reflect his real learning and ability; that the Judge's devotion to substance and indifference to form sometimes resulted in a want of order and finish, and a lack of detail, which he was abundantly able to give, but at times inclined, from a pressure of work to omit." Judge Johnson's opinions are replete with sterling legal substance and indieate a clear comprehension of the law of the case. Judge Johnson was a power on the bench and served his State and his time faithfully and well, Henry Abner Towne was born January 5th, 1826, in Litchfield, Herkimer County, N. Y. He was the only child of the Rev. Abner Towne and Sarah Eliza Vinton, his wife. His father had graduated from Union College. Schenectady, N. Y., and in divinity at Andover, Mass. He was made the pastor of the Presbyterian church of Litchfield, N. Y., July 18th, 1825, and died there June 19th, 1826, in the very beginning of his usefulness, and when our subject was only five months old. His mother was a sister of the Hon. Samuel F. Vinton, so long a member of Congress from the Portsmouth District. After his father's lamentable death his mother returned to Amherst, Mass. 'Three years afterward she came to Gallipolis, Ohio, where she taught school. On May 28th, 1831, she was married to Dr. Robert Safford of Putnam, Ohio, now a part of Zanesville. Our subject entered Marietta college at the age of fifteen and graduated in 1845. In 1846, he engaged in teaching at Coshocton, Ohio, and while there studied law under David Spangler. He was admitted to the bar in Cincinnati, in 1849, and went to Marietta, Ohio. 'Till 1854, he was a partner in the law business with William A. Whittlesey. From 1854, till December rst, 1855, he was in partnership with Davis Green. December Ist, 1855, he located in Portsmouth, Ohio. On December 18th, 1856, he married Miss Harriet Nye, daughter of Judge Arius Nye. She was a great-grand-daughter of Gen. Benjamin 'Tupper. 'They had one son, Robert Safford 'Towne, who has had a distinguished career, and who has a separate sketch herein. Our subject practiced alone in Portsmouth till September 28th, 1864, when he formed a partnership with James W. Bannon, as 'Towne & Bannon. In 1859, he was the Republican candidate for prosecuting attorney and was defeated by a vote as follows: 'Towne, Republican, 1423; Crain, Democrat, 1611; majority, 188.

In 1864 to 1867, he was one of the three school trustees of Portsmouth. His partnership with Hon. J. W. Bannon continued until February 9th, 1869, when he went on the bench as Common Pleas Judge. On March 8th, 1870, he resigned as Judge and on November 6th, 1870, formed a partnership with H. W. Farnham, which continued until April 30th, 1879, when the firm became 'Towne, Farn- ham and Purdum. .On July 28th, 1871, he was elected President of the Home Mutual Life Insurance Company of Cincinnati, Ohio, and served one year.