Washington County, Ohio - Chapter 19: Bench and Bak, 1902

Maj.-Gen. Samuel Holden Parsons was born at Lj-me, Connecticut, in 1737. He graduated at Harvard College in 1756; studied law in the office of his uncle, George Matthew Griswold, and was admitted to the bar in 1759, and settled at Lyme in the practice of his profession. In 1761 he married the daughter of Richard Mathew of Lyme, and in 1762 was elected member of the General Assembly of the Colony of Connecticut, and by successive re-elections held that position until 1774, when he removed from Lyme to New London.

In the stirring times preceding the Declaration of Independence by the Colonies, Mr. Parsons was an ardent partiot, and to him has been attributed the first suggestion of a meeting of commissioners from the Colonies to consult as to their general welfare. Mr. Parsons was one of the bold men who in conjunction with Col. Ethanii AJlen conceived and carried out the project of capturing the forts of Ticonderoga and Crown Point, whereby the command of Lake Champlain was obtained for the Americans. This was the first offensive blow struck by the Colonies in their war for independence.

In 1775 Mr. Parsons was commissioned" by the Colony of Connecticut as colonel of a regiment raised for the defense of the Colony, and was actively engaged in the battle of Long Island.

In 1776 he was appointed by Congress, brigadier-general and was with the army at the battle of White Plains. The most important operation of the campaign of 1777, towit, the capture of the prisoners and the destruction of the enemy's ships and supplies at Sag Harbor, was designed by General Parsons and executed under his directions, and received from Congress a complimentary notice. During most of the years of 1778 and

1780 he was commissioned by Congress as major-general. For his bold and successful enterprise for the relief and protection of the inhabitants between New York and Greenwich, he received the thanks of Congress. At the close of the war he resumed the practice of law at Middletown, Connecticut.

In 1786 General Parsons, with General Butler, of Pittsburgh, and George Rogers Clark, by appointment of Congress, held an important treaty with the Indians at the mouth of the Great Miami.

In 1789 he was appointed by Congress one of the judges of the Supreme Court for the "Territory Nprthwest of the river Ohio," and in May, 1 788, removed to Marietta and entered upon the discharge of his duties.

In 1789 he was appointed by the State of \ Connecticut a commissioner to hold a treaty i with the Wyandot Indians of the Western Rej serve, and visited that country to make prep- I arations for holding the treaty. In descend-

Gen. James Mitchell Varnum was a descendant of Samuel Varnum, who emigrated from Wales to this country in 1649, and settled at Dracut, Massachusetts. He was born at Dracut in 1749, graduated at ^Providence College (now Brown University) in the first class in 1769, studied law in the office of Oliver Arnold, Providence, Rhode Island, was admitted to the bar in 1771, and settled at East Greenwich in the practice of his profession. He took an active part in the controversy between the Colonies and Great Britain, had a taste for military life, and shortly after the battle of Lexington, was appointed colonel of one of the three regiments raised by Rhode Island in 1775. During

1777 and 1778 he was with the army and commanded at Red Bank and Mud Island. In 1780 he was elected a delegate to Congress from Rhode Island, and was an active and influential member of that body. After the war he resumed his practice of law at East Greenwich, and was engaged in most of the important cases in the State. As an advocate and orator, he was considered the equal of Patrick Hem-y. In 1786 General Varnum was again elected Representative to Congress and was noted for his brilliant eloc|uence. In 1787, upon the organization of the Ohio Company of Associates at Boston, he was elected a director of the company, and soon after the passage of the ordinance of that year establishing the Northwest Territory, he was elected by Congress one of the judges of the Territory; in the spring of 1788 he left his home in Rhode Island for Marietta and arri\'ed here in June, and entered upon the discharge of his duties of his office. He was the orator of the day at the celebration of American Independence held at "the Point" in Marietta, July 4. 1788. and his address was noted for its many beauties of sentiment and language. He was in poor health wllien he arrived at Marietta, but was able to attend the meetings of the directors of the Ohio Company, and assisted the Governor and other judges in forming a code of laws for the government of the Northwest Territory. He died at Marietta, January 10, 1789, at the early age of 40, and his funeral was attended with great ceremony.

Gen. Rufus Putnam was appointed by the President, 1790, one of the judges of the Supreme Court for the '"Territory northwest of the river Ohio,"' and served until 1796. An. account of the events of his life is containedin a succeeding chapter, on "'Sketches of Pioneers."

Joseph Gilman was born in Exeter, New Hampshire, in 1736. In the struggle of the colonists for liberty and independence, he took a decided part for the Whigs, and had their entire confidence. He was chairman of the Committee of Safety for New Hampshire, and, as such, made large advances from his own personal resources for the purchase of supplies for the State troops. Upon the formation of the Ohio Company, he became an associate, and, with his wite, Rebecca Ives Gilman, and his son, Benjamin Ives Gilman,- removed to Marietta in 1789.

By Governor St. Clair, he was appointed' to and held the offices of Probate judge, judgeof the Court of Quarter Sessions, and judge of the Court of Common Pleas.

In 1796 he was appointed by the President of the United States one of the judges of the General Court for the Northwest Territory, and attended the sittings of that court at Marietta, Cincinnati, Detroit, and other places at which the court was held.

Judge Gilman was highly respected and esteemed for his learning and abilities as a jurist and scientist, and for his pleasing qualities. He died in 1806, aged 70 years.

Return Jonathan Meigs, Jr., served by appointment of the President of the United States, as one of the judges of the Supreme Court of the Northwest Territory from 1798 until 1803. A sketch of Colonel Meigs appears in a succeeding chapter of this work.

Paul Fearing was born in Wareham, Plymouth County, Massachusetts, February 28, 1762, and was the son of Noah and Mary Fearing. Of his early childhood, but little is known ; but as the boy is said to be the father of the man, he was doubtless an upright, openhearted youth. The minister of the parish prepared him for college, as was common in that day, and he was graduated at Harvard in 1785. Having decided on law for a profession, he studied in the office of Esquire Swift, of Windham, Connecticut, and was admitted as attorney in the courts of law of that State in September, 1787. During this year the Ohio Company was matured, for establishing a colony in the Northwest Territory, and was a general topic of conversation in New England. The glowing descriptions of the country and clim.ate in the valley of the O'hio caught the fancy of many young men, as well as older persons, and he decided on visiting that region. On the ist of Mlay, 1788, he embarked at Boston for Baltimore, where he arrived pn the 1 6th of that month. There he put his trunk into a wagon, and commenced the journey across the mountains on foot. He reached Pittsburgh on the lOth of June, and embarked the same day in a boat for Marietta, where he arrived on the i6th. On the Fourth of July he participated in the first proceedings had on the banks of the Muskingum in honor of the day, and on the 20th listened to the first sermon ever preached in the English tongue northwest of the Ohio River. On the 2nd of September, 1788, he attended the first. Common Pleas Court held in the county, and was admitted an attorney-at-law of the courts of the Territory. On the 9th of this month, the county Court of Quarter Sessions of the Peace sat for the first time, and he was app(jinted counsel in behalf of the United States for W'ashington County.

The last of January, 1789, he set out on a journey to New England, in company with several persons, among whom was General Parsons. They went up the Ohio in a boat, but when about half way to \Mieeling, the floatinig ice became so troublesome that they left the river and went by land. The travel over the mountains was accomplished on horseback in 26 days, from Wheeling to Middleborough, Massachusetts. He returned in August, by way of Alexandria, and, being a fine pedestrian, again crossed the mountains on foot. He reached Red Stone, a famous port for boats on the Monongahela, on the 14th of the month. While waiting here for a rise in the river. Commodore Whipple came on with his family and that of his son-in-law. Colonel Sproat. With them he embarked in a small boat on the 26th of November, and reached Marietta on the 30th.

The following year was passed in attending to his law business, which began to increase some, as the emigration this season was very great. In November, 1790, he was apponited deputy contractor for supplying the troops at Fort Harmar with fresh meat at the low rate of $13.33 ^ month and rations. Labor of all kinds was at a depressed state, a common hand on a farm getting only $4, and a private soldier, $3.

Mr. Fearing' s first attempt as an advocate before the Court of Quarter Sessions was rather discouraging; but the embarrassment he first experienced vanished in his next trial, and he was able to deliver himself fluently and with fine effect. His frank, manly civility and sound, discriminating mind made him a favorite with the people, as well as the courts, and he had at his command much of the law business of the country.

Hon. Return Jonathan Meigs was his first competitor at the bar, and for the favor of the public. Mr. Meigs was the more prompt and witty, with a ready flow of language, and Mr. Fearing was the more industrious and patient in' investigation, so that in final results they were very well matched.

When the troops left Fort Harmar, Mr. Fearing's intimiate friend, M'ajor Doughty, made him a present of his dwelling house, a well-finished log building, standing in the southwest angle of the fort. During the war,

After the close of the war, the county filled up rapidly, and in 1799 the first Legislature held its session in Cincinnati. In 1800 the second session was held, and in this he was a member. During this period he was chosen a delegate to represent the Territory in Congress, which post he tilled for 1801 and 1802, with credit to himself antl to the entire satisfaction of the people.

After his return to private life, he resumed the practice of law with increased reputation. On his farm, a little below the mouth of the Muskingum, he erected a neat dwelling house, and planted an extensive orchard oi the choicest fruits, of which he was an intelligent and successful cultivator. He was one of the first in Ohio who paid attention to the raising of Merino sheep. His flocks embraced several hundred of these valuable animals, propagated from a few individuals l;nught at enormous prices.

In 1810 he was appointed associate judge of the Court of Common Pleas. In this office he served seven years with much credit as a sound, just, and impartial judge.

From the first entering of the lands of the Ohio Company for taxation by the State, he acted very extensively as an agent for the shareholders in the Eastern States. In this way a large portion of his time was occupied.

In his disposition, Mr. Fearing was remarkably cheerful and pleasant, much attached to children, and never happier than when in their company. He had great sympathy for the poor and the oppressed, and he was ever ready to stretch forth his hand and open his purse for their relief. -- He died on the 21st of August, 1822, after a few days illness, a victim to the fatal epidemic of fever which ravaged the country for two or three years, aged 60 years. His wife died the same day, a few hours after, in the 46th year of her age.

Elijah Backus was born at Norwich, Connecticut; he was a graduate of Yale College, and was admitted to the bar in Connecticut in the year 1800. Shortly thereafter he came to Marietta and engaged in the practice of law. Wyllys Silliman, of Zanesville, was associated with him as a partner.

Mr. Backus held the office of receiver of public moneys of the United States. In 1801 he established the Gazette newspaper, of which he was editor. In 1803 he was a member of the Ohio Senate. He was owner of the island in the Ohio River, now called Blennerhassett's Island, and sold it to Mr. Blennerhassett.

Lewis Cass was born at Exeter, New Hampshire, October 9, 1782. In 1799 he \\-as employed as a teacher at Wilmmgton, Delaware, where his father, Maj. Jonathan Cass of the army, was stationed. In 1800 he removed with his father's fami'y to Marietta, studied law there, and in 1802 was admitted to the bar and removed to Zanesville and commenced practice.

In 1806 he married Elizabeth Spencer, of Wood County, Virginia, and the same year was elected a member of the Ohio Legislature. From 1807 to 1813 he was State marshal. In the War of 1812 he was colonel of a regiment of Ohio volunteers, under General Hull, and was soon promoted to the rank of brigadiergeneral.

In 1813 he was appointed Governor of the Territory of Michigan, and held that office for 18 years. In 183 1 he was appointed by President Johnson, Secretary of War, and was at the head of the W^ar Department at the commencement of the Florida War. In 1836 he was appointed minister to France, and served in that capacity until 1842 when he resigned. In 1845 he was elected United States Senator from the State of Michigan. In 1848 he was the Democratic canidadte for President of the United States, but failed of election on acaccount of a division of his party in the State of New York. In 1849 he was re-elected to the Senate for the remainder of his original term. As Senator he opposed the "Wilmot Proviso," although instructed by the Legislature of his State to vote for it. He did not vote for the "Fugitive Slave" bill. In 185 1 he was again elected Senator from Michigan. In 1852 he was a candidate before the Democratic convention at Baltimore for the nomination for the Presidency, but was not successful. In 1857 he was appointed Secretary of State by President Buchanan. In December, i860, disapproving of the action of the President in refusing to reinforce Major Anderson and provision Fort Sumter, he promptly resigned his office as member of the cabinet. Through the \\'d.r of the Rebellion his sympathies were with the national cause.

He was a man of integrity, of great ability as scholar, jurist, and statesman, and his public career of more than half a century was honorable to himself and the nation.

Benjamin Ruggles was born at Woodstock, Connecticut. February 21, 1783. He attended the Brooklyn Academy, and graduated from that institution. He studied law with Judge Peters, at Hartford, and was there admitted to the bar.

In 1807 he moved to Marietta, Ohio, and here pursued with success the practice of his profession. His profound learning, skill and care as a counsellor won for him public commendation.

In 18 10 he was elected by the Legislature of the State to succeed Calvin Pease as president judge of the Third Circuit. Shortly after his election to the judgeship, he moved from Marietta to St. Clairsville.

In 181 5 he was elected by the Legislature to the United States Senate, and resigned the office of judge after having ably filled it for five years.

In 1821, and again in 1827, he was reelected to the Senate of the United States, and during his career of 18 years in Congress as Seator from Ohio, he rendered valuable services to his State and the nation. For many years he was chairman of the Senate committee on claims.

In 1833, at the expiration of his third term as Senator, he retired from public life and gave his attention to agricultural pursuits, especially the cultivation of fruits and the introduction of choice varieties.

He died at his residence in St. Clairsville, September 2, 1857. As a statesman Judge Ruggles had the confidence of the Senate and of the people. As a jurist, his great ability was not as conspicuous in open court as in chambers. Though lacking, in some measure, the gifts of an orator, as a consulting attorney he had few superiors. As a private citizen he was highly respected. He was generous in his impulses, liberal in his views, and exerted an excellent moral influence wherever he was known.

Thomas Backus was born at Norwich, Connecticut, in 1785; graduated at Yale College; studied law in the office of his father, Elijah Backus, at Marietta, and was there admitted to the bar in 1808. He w^as married to Temperance Lord in 18 10, and in 181 1 removed to Franklinton, Franklin County, Ohio,, and engaged in the practice of law, and in 1820 was appointed prosecuting attorney.

In 1823 he removed to Union County, Ohio, and was there appointed prosecuting attorney, and during his term of office died October 25. 1825.

During the latter year, without solicitation, he received the appointment of Secretary of tlie Territory of IMichigan, from President Madison, and removed to Detroit and entered upon the performance of the duties of his newoffice.

He was elected the first delegate to Congress from Michigan, in 1819, and forwarded the interests of his constituents in a manner to elicit the warmest approbation.

He was chosen to succeed Stevens T. jM'ason as Governor of the State, in 1839, and served during one term. At the expiration of his term of office as Governor, he was elected a United States Senator, and served in that capacity from 1841 until 1847.

While in the Senate, he took a leading part in much of the important legislation of that body, both as a member of a number of the principal committees and also as a debater upon the floor of the Senate.

Governor Woodbridge was an eminent jurist and constitutional lawyer^ and at the time of his death was the oldest and most distinguished member of the Detroit bar. He was a man of true principles and honor, who had the public for many years with fidelity and integrity, and who died leaving to his children an unblemished name.

Washington County bar about 1808. A sketch of his life will be found in the biography of Samuel H. Putnam', in another chapter of this volumie, devoted to "Sketches of Pioneers."

GusTAV Swan was born at Peterborough, New Hampshire, in 1787. By his own exertions he obtained a good clerical and scientific education. He studied law at Concord, New- Hampshire, and was admitted to the bar of that State. In 1810 he came to Marietta, and was admitted to the bar of Ohio. From Marietta he moved to Franklin County, and engaged in the practice of law-. In 1812 and again in 18 17 he was a representative in the Ohio Legislature. In 1823 he was elected judge of the Common Pleas Court, and at the expiration of his term of office resumed the practice of law in Columbus, and continued there until 1843.

Judge Swan was an eloquent and able advocate, and his practice in Franklin and neighboring counties was large. After 1843 lie devoted himself more exclusively to his duties as president of the State Bank of Ohio. He died at Columbus, February 6, i860.

Caleb Emerson was born August 21, 1779, at Ashby, Massachusetts. It appears from some fragmentar}- memoranda among the papers he left, written in the last years of his life, that he lost both his parents early; that his mother died when he was six weeks old; that his father lost his health in the Revolutionary War, and his property by Continental money; that he was brought up by persons who were not of his kin ; and that he was a student at law- and assistant editor for some time before he left New England for Ohio, in the fall of 1808.

There remain to his descendants \-ery few of the letters he received previous to 1820. Of the documents connected w'ith his New England life, the most important is a file of letters from James Elliott, Esq., a lawyer of Brattleborough, Vermont. Mr. Elliott appears to have been his early friend and counsellor, and showed much interest in his future advancement. In the earliest of these letters, dated January 3, 1801, he speaks of the young man's correct and friendly letter (addressed to him from Mason, postmarked Amherst, New Hampshire), and says it bears the marks of an honest mind, and the promise of future excellence. He desires to know his age, profession and prospects, his place of residence, amusements of infancy and course of study, and wishes to correspond with him occasionally.

In a subsequait letter Mr. Elliott speaks approvingly of his purpose to go west, but advises him first to spend a year or two in a law office, as in a new country the farmer, merchant and lawyer might all be combined in one person. He recommends that he cultivate his literary tastes, and promises to aid him.

In February, 1806, then at Washington City, Mr. Elliott addresses him as a student at law at Amherst, New Hampshire, having ascertained his then residence from the publisher of the Farmers' Cabinet at that place, whom he was probably assisting in the editorship of that journal.

Mr. Elliott frequently posted him up in the proceedings of Congress for the subsequent two years, and was one of several well known persons in that part of New England to give him recommendations as to general good character and proficiency in law studies, when he left for Marietta, Ohio.

Governor Tiffin, of Ohio, had advised a friend of Mr. Emerson's, at Washington, that it was not necessary for an applicant for admission to the Ohio bar to appear before the judges in session, but he could apply to any judge separately, who, if satisfied of his competency, could give him his certificate, and then he would apply to another judge, and the several certificates he received would entitle him to admission.

One of his remaining letters is one of recommendation from Hon. Paul Fearing, then a judge, dated September 13, 1809 (to Gen. Philemon Beecher, of Lancaster, Ohio), of Mr. Emerson, as a suitable candidate for admission to the Ohio bar, and doubtless he was admitted about that time. He opened a law office at Marietta, visiting some of the neighboring County Courts.

In the same year began his connection with the Western Spectator, a weekly journal of Marietta, to which was annexed a small bookstore. The first number seems to have been issued about the 23rd of October, 1810. He gave it up July 31, 1813, but continued the practice of law, and was appointed prosecuting attorney of Washington County in February, 1 8 15, and was continued in that office until April, 1 82 1. In October, 1820, while residing on Front, between Scammel and Worcester streets, the dwelling house he occupied was consumed by fire, and most of the furniture and clothing of the family, and nearly all his valuable papers were destroyed. He and his family experienced great kindness and hospitality from the citizens of Marietta. His law business was continued.

In 1822 a fever, supposed to result from the miasmatic influences of the Ohio shore, prevailed extensively in Marietta township and elsewhere. Mr. Emerson's family was down with it for a considerable time, usually leaving only one or two to wait on the rest. He was. afterwards prostrated with a sickness which brought him very near the gates of death. After his recovery, he had an abiding conviction that close application to a law office was ruinous to his health ; and though his connection with legal matters was more or less maintained to the last years of his life, his time was largely given to horticultural and other industrial pursuits, mingled with literary, political, and social activities, and efforts in behalf of religious, moral, and educational institutions in Marietta.

He and his wife joined the Marietta Baptist Church, which then worshiped four miles above the village, about the year 1822, and remained in its communion to the last.

ctta Gazette, a firm advocate for the right of free discussion. Certain lecturers about that time, in behalf of negro emancipation, were in danger of being mobbed, but the energetic philanthropists of Washington County secured for them fair treatment. In December, 1837, the Marietta Gazette passed into the hands of Isaac Maxon.

Several years later an advantageous sale of Mr. Emerson's three-acre lots near Marietta, gave him leisure for literary effort. He wrote much in favor of emancipation, for journals both at home and abroad.

During the last 10 or 12 years of his life, he took great interest in the early history of Ohio, and especially of Washington County, and made extensive collections of old newspapers and other documents calculated to preserve a knowledge of the past, and to some extent lectured on these subjects. His duties as master commissioner in chancery, and as administrator for several estates, gave him opportunities for travel, where he could gather up such material. Probably the most complete of his essays on these subjects was an article in the North American Revieiu, which includes the details of Mr. Manasseh Cutler's mission to Congress in behalf of the Ohio Company, for the purchase of the well known tract which bears its name.

In 1845 he took an active part in bringing the celebrated case of the captured Ohioans, which involved, in part, the question of boundary between Ohio and Virginia, to the notice of the State authorities. His sympathies were strongly enlisted for the oppressed and downtrodden.

John Pennybacker Mayberry was born March i, 1790, at Pine Forge, near the village of New Market, Virginia. His home was locate4 in the loveliest portion of the beautiful valley of the Shenandoah. This is now a historic location from the fact that during the late Civil War this homestead was the scene of niany of the se\-erest struggles for the possession of the valley.

His father was an Irish gentleman, having emigrated to America in early life. His mother was descended from German ancestors. Her maiden name was Rebekah Pennybacker. She was one of the large family of Pennybackers so well known throughout Pennsylvania.

John P. Ma}berry, while in the valley of the Shenandoah, studied law under the eminent Judge Allen, of New Market, Virginia. Before completing his studies, however, in the year 1810, his father determined to seek a new home in the rich lands beyond the mountains, and his son, John, accompanied him, purchasing plantations near Belleville, Wood County, Virginia. They there settled. After a brief sojourn upon the plantations, he became deputy sheriff of Wood County. In 1812 he visited Richmond, and made application for admission to practice in the State courts, and was given a certificate.

After his return, however, wishing to pursue his studies and perfect himself in other branches of the law, he went to Ohio, attracted by the reputation of Judge Fearing, of Harmar, Ohio, who was the first lawyer admitted to the bar in this State, the attorney of the Ohio Company and the leading legal mind in the Northwest Territory. Here he had the advantage of an extensive library, and finished his studies with Judge Fearing in 18 15. On the 15th of August, 1816, he married the only daughter of his preceptor, Lucy Willis Fearing^ with whom he lived over 50 years. In 181 7 he removed with his family to Parkersburg, Virginia, and soon after was elected as a Representative of the Whig party to the House of Delegates at Richmond and served during the term of 181 7 and 1818. In 1 818 he left Richmond to accept the position of receiver of public moneys, tendered him by the United States government. This necessitated his return to Marietta, Ohio, where he succeeded Col. Levi Barber, who was elected to Congress. The business of this office was very extensive, as the Territory was fast filling up, and the government lands selling rapidlv. His experience while in office illustrates the purity and hon- esty of the pioneer settlers of the Northwest. The law existing at that time required the receiver to deposit all moneys received in the United States repositories situated at Cincinnati and Chillicothe, and the payments were to be made in the same coin as was paid to the receiver. The gold and silver received during the quarter had to be transported from Marietta to the points above-named. At that time the woods were unfrequented and obscure, and the country sparsely settled, making it a perilous journey to transport $6,000 or $8,000 in gold and silver on horseback. Yet these trips were made at the expiration of each quarter by Mr. Mayberry, accompanied by his father, or Henry or Silas Fearing, and Col. David Barker, and during his term of office of over 10 years, neither he himself nor his messengers were disturbed in their journeys to and fro. Mr. Mayberry was receiver until the year 1829. During this period he was also elected prosecuting attorney of Washington County, faithfully performing his duties and giving entire satisfaction to tlie public.

Retiring from these two important offices, and after settling his affairs relative thereto, he left Ohio and returned to his old home at Parkersljurgh, and engaged in mercantile business. As was the custom in those days, he made frequent journeys over the mountains to Philadelphia on horseback for the purpose of purchasing his stock in trade. While still engaged in merchandising, he was elected prosecuting attorney for the county of Wood. In 1832 he was again called from private life, being elected to the House of Delegates. At the expiration of this term, he was re-elected by his well-satisfied constituents, and although not seeking or having any desire of office, he was again returned in 1837 and 1838, to the House of Delegates; his ripe experience and sound judgment making him a great power, giving him the foremost position among the legislators.

The first recognition of any material importance which Parkersburgh or Wood County received from the State Legislature of old Virginia in the way of improvement and bring" ing them into public notice, was the establishment of the Northwestern Virginia turnpike road leading from Winchester in the valley of Virginia over the AUeghanies to Parkersburgh, a distance of 250 miles. This great work was completed while Mr. Mayberry was in the House of Delegates, and to his exertions, no doubt, is West Virginia indebted for this great benefit.

Mr. Mayberry, in his long public life at Marietta, Parkersburgh, and Richmond, made friends with all whom he came in contact, and such was his even temperament that even in sharp political contests his urbanity of manner and kindliness for all humanity left his career destitute of enemies. He was a ripe scholar and a trained thinker, commanding in stature, with a pleasing address. He was a perfect type of a Virginia gentleman, of Washington's time, his manner and mien occasioning many of his friends to believe his resemblance to Washington very marked. Had his ambition led him to continue his public career, his political associates were confident he would have taken a ranking position in national affairs among the great statesmen of that day, but turning aside from the allurements of public life, he returned to the quiet old home he loved so well, in Parkersburgli. His house and grounds soon became shaded with the fine old trees he planted. His office door under the shade of the catalpas was a charmed spot to all who came under the restful influence of the peaceful atmosphere. Happiness and contentment followed him like a shadow. Tlie old men loved to linger with him, and the young men to listen to the fine talk of the grand old gentleman. He devoted much of his time in later years to the rearing of blooded horses and to the improvement of the plantations he owned in the State. In his stables were some of the finest imported stock in the Soutli and West, many of the descendants of the stables being favorite horses of the present time. He died while his favorite horse, Lath, was running; he expired sitting in his carriage, November 15, 1866, closing a life of nearly yj years, leaving his wife and son as the only immediate relatives to deplore his loss, as he was himself the last member of his father's family. When the news came that the pure and noble John P. Mayberry was no more, a multitude mourned over the loss of a great and good man.

Arius Nye was the son of Col. Ichabod Nye, and grandson of Gen. Benjamin Tupper, two of the pioneers who, with their families, made at the mouth of the Muskingum in 1788 the first settlement in the "Territory Northwest of the river Ohio.'' He was born in the Campus Martins - "the stockade" - at Marietta, December 27, 1792. During his boyhood days, educational facilities at the new settlements were quite limited, yet mainly by his own exertions he obtained what is nowcalled a good common school education. In 1807 he went to Springfield, afterward to Putnam in Muskingum County, and engaged in merchandising.

In 181 5 he married Rowena Spencer, daughter of Dr. Joseph Spencer, of Vienna, Virginia, and sister of Mrs. General Cass. He was director in the Bank of Zanesville before he was 21 years of age. During 18 17- 18 he studied law, was admitted to the bar, and began to make his mark in Muskingum County. In the autumn of 1822, or spring of 1823, he moved to Gallipolis, at the beginning of the "sickly season," when he was taken sick with the prevailing epidemic, or malarial fever. In 1824-25 he moved to Marietta and there acquired a large and lucrative practice. For several years after removing to Marietta, he served as cashier of the Bank of Marietta. In 1827 he was elected Representative in the State Legislature, and re-elected in 1828. In 1 83 1 he was elected State Senator and served two years. At the time of the great flood in 1832, he removed his office from Putnam street to the old Ohio Company's office on Washington street, where he kept his office -until he was elected judge. He early acquired large law library, and by 1837 probably had

Judge Arius Nye was a devoteil member of the Protestant Episcopal Church ; and regarded his duties as a church man equally as important with his duties as a lawyer. It was mainly through his efforts that an Episcopal Church was organized at Marietta; and when organized it was supported and maintained largely by his contributions and labors. He was lay reader and senior warden of St. Luke's Church for a great many years ; and for the first seven years, after its organization in 1826, he conducted nearly all the services. He was usually a delegate to diocesan conventions; and took a prominent part in the management of the affairs of the diocese. IHie Protestant Episcopal Church in Marietta owes him a great debt of gratitude.

His son, A. Spencer Nye, became associate with him in practice as A. Nye & Son, continuing as a firm until 1846. In 1847, Arius Nye was elected president judge of the district composed of the counties of Washington, Morgan, Athens, Meigs, Gallia, and Lawrence. The district was large and difficult of access during portions of the year, there being no railroads, and especially during the spring and autumn were county seats difficult to reach. His health broke down under his labors on the bench, and he resigned in 1850. After his health improved, he associated with him David Alban, and practiced as Nye & Alban until the commencement of the Civil War, when Mr. Alban enlisted in the army. Thereafter as lawyer, generally associated in business with soiTue younger memlher of the bar. Judge Nye gave his attention to cases which were brought under his notice. His last illness was protracted and painful, but borne with fortitude. He died at his home in Marietta, July 27, 1865, in the 73rd year of his age.

Judge Nye was an original, self-reliant, self-made man - a man of feeling, thought, and conviction. He will long survive in the memory of his friends, in the impressions which he made on the community where he lived and in the legislation of his native State. At the time of his death, he had obtained a wider celebrity than any other Marietta man. This was due to his strong character, to his industry, to his devotion to every accepted trust, to his public spirit, and above all to his inflexible integrity of mind and heart. As a jurist he ranked among the first chancery and criminal lawyers in the West. He was deeply read in the learning of the profession and thoroughl}- imbued with the lofty spirit of its great masters.

William A. Whittlesey was born at Danbury, Connecticut, in 1796. In 1816 he was graduated at Yale College, and for some time thereafter was employed as teacher. In 18 18 he came to Canfield, Ohio, entered the ofiice of his uncle, Hon. Elisha Whittlesey, as student at law, being fellow-student there with J. M. Giddings, and in 1820 was admitted to the bar. In 182 1 he came to Marietta, and entered upon the practice of his profession. In 1825 he was elected auditor of the county, and for two successive years held that office, and received the public commendation for the faithfulness, care and ability with which he discharged his duties.

In 1 84 1 and for several years following, he was associated with Gen. Charles B. Goddard. of Zanesville, in the practice of law in Washington Cohnty. In 1848 he was elected member of Congress from the district comprising the counties of Washington, Morgan and Perry. He declined being a candidate for re-election.

In 1856 and again in i860, and again in 1862, he was elected mayor of the city of Marietta, and for six years discharged the duties of that office in an approved and satisfactory manner.

Mr. Whittlesey was an inveterate and inimitable story-teller; and it was not unusual to find half the lawyers of the city, with many of their friends, gathered about Mr. W'hittlesey's office to listen to his stories ; and no one went away dissatisfied.

For some time previous to his death, Mr. Whittlesey suffered from painful disease, but bore his affliction with fortitude and resignation. He died November 6, 1866, at Brooklyn, New York, where he had gone for medical treatment, leaving one surviving child, a daughter, now the wife of W. B. Mitchell, of St. Cloud, Minnesota. His remains were brought back to Marietta, and buried in the Mound Cemetery by the side of his deceased son, the lamented Capt. W. B. Whittlesey, a brave and noble officer, who was killed at the battle of Missionary Ridge in November, 1863.

The following is an extract from the report of a committee, appointed by the bar of Washington County to give expression of the sentiments of the profession, in relation to Mr. Whittlesey's death:

"With feelings of the deepest sorrow and regret we, the members of the Washington County Bar, have heard of the death of our late associate, the Hon. William A. Whittlesey. During the whole period of our connection with the profession in this county, we have been witnesses of the estimable qualities of the deceased.

"As a la\yyer, his discriminating mind, his legal acquirements, the friendliness and honesty of his counsels, his urbanity in the court room, and his uniform courtesv and kindness toward the junior members of the profession have elicited our esteem, and endeared him in our recollections.

"As a citizen and neighbor, the kindliness of his disposition, his liberality, his cheerfulness and his remarkable freedom from all feelings of envy, resentment and ill-will won for him the respect and friendship of all who knew him."

David Barber, son of Levi Barber, was born at Harmar, Washington County, Ohio, August 14, 1804. He was educated at Washington College, Pennsylvania, and graduated from that institution in 1825. He studied law with the Hon. John P. Mayberry, of Marietta ;

About 1876 he moved to the State of Illinois, and located near Ouincy, where he extensively engaged in agricultural pursuits. He died there in 1886.

Levi Hart Goddard, son of Hon. Calvin Goddard, was born at Norwich, Connecticut, in 1810. He studied law and was admitted to the bar in his native State. In 1835 he removed to Marietta, Ohio, and then engaged in the practice of his profession. After a short residence in Marietta, he returned to Norwich and there resumed the practice of law and continued the same until the time of his death. He died of pneumonia, in 1862.

Mr. Goddard was a lawyer of learning and ability, as counsellor and consulting attorney, and his amiable and cheery social qualities made for him hosts of friends. He was married, in 1835, to Mary Woodbridge Perkins, of Norwich.

RuFus E. Harte was born in Middlebury, now embraced in the corporation limits of Akron, Ohio. He attended the academy at Tallmadge and the preparatory department of the Western Reserve College at Hudson. In 1833 he was graduated at Yale College, Connecticut. He studied law with Hon. Gregory Powers, of Akron. In 1835, at the session of the Supreme Court at Medina, he was admitted to the bar. In 1837 he located at Marietta and engaged in the practice of his profession, associated with William A. Whittlesey, as Whittlesey & Harte.

In 1845 h^ was elected Senator in the Ohio Legislature from the district composed of the counties of Washington, Morgan and Perry. In 185 1 he was elected prosecuting attorney for the county, of Washington. In 1852 he was elected, by the trustees of the benevolent institutions of Ohio, superintendent of the institution for the blind, and resided at Columbus four years, discharging the duties of that office.

In 1 86 1 he was elected treasurer of Washington County, and held that office for a period of four years. In 1880 he was elected mayor of the city of Marietta, and discharged the duties of that office efficiently.

Charles F. Buell, son of Daniel H. Buell, of Marietta, was born in Washington County, Ohio, March 12, 1814. He was a student in Marietta College and Kenyon College; studied law with Hon. Samuel F. Vinton, of Gallipolis, and was admitted to the bar in 1837. He practiced law a short time at Gallipolis, and about a year at Georgetown, Brown County, Ohio. In 1839 he returned to Marietta and engaged in the practice of his profession.

In i860 he was elected probate judge of Washington County. After serving three years in that office he resumed the practice of law at Marietta. He died here in 1881.

William D. Emerson, eldest son of Caleb and Mary (Dana) Emerson, was born at Marietta, July 9, 1813. He was prepared for college by Rev. Luther G. Bingham, then pastor of the Congregational Church at Marietta. At the age of 16 he entered the Ohio University at Athens, from which he graduated in 1833, with the highest honors of the class. He was one of the teachers in the High School which opened up in Library Hall, on Front street, which afterwards unfolded into Marietta College. In 1836 he was assistant editor with his father on the Marietta Gazette. His health failing in this department, he went west and spent two years as a common school teacher. The scenery of the wide West seems to have inspired his poetic fancy, and some of his finest poems, which afterward came into print, were produced at this time.

In 1845 he prepared and published the first map of Washington County. He was prosecuting attorney of that county for one year, ending March, 1848, filHng the unexpired term of Arius Nye, Esq., who was appointed presiding judge. He was assistant clerk in the Commercial Court of Cincinnati from 1848 to 1852, and for four years after made up records in the clerk's ofiice of the Cincinnati and Hamilton county courts. He kept a law office in Cincinnati until i860. Since that time he devoted himself mainly to literary pursuits. The bent of his mind was more for literature than jurisprudence. In 185 1 he issued "Occasional Thoughts in Verse," for private distribution. In 1874 he issued a second volume of verse.

Mr. Emerson was much interested in poetry; and established in Marietta College a prize to encourage students and graduates to write poems of merit. He died in 1891.

Arius Spencer Nye, son of Arius Nye, was admitted to the bar about 1840, and in with his father practiced law at Marietta as Nye & Son.

In 1846 he was elected cashier of the Ross County Bank, branch of the State Bank of Ohio, and removed to Chillicothe, where he died in 1884.

Pursuant to his father's wishes, and to some extent under his supervision, he pursued .a thorough course of preparatory studies and about 1839 was graduated at the Western Reserve College. He studied law with Judge Crowell, of Warren, Ohio, and was admitted to the bar at Newark in 1841.

The same year he located at Marietta and commenced the practice of his profession and -successfully prosecuted the same at Marietta xintil 185 1, when he removed to Cleveland, and soon thereafter to Toledo, where, until the time of his death, he was extensively and prosperously engaged in the purchase and sale of Teal estate. He died at Toledo August 5, 1867, at the age of 47. Mr. Gardner was an able lawyer, and an enterprising and successful man of business, and in the several places of his residence had the confidence and esteem of his fellow citizens. He was married, in 1S42, to Elizabeth P. Putnam, of Hudson, Ohio, who died in 1846, and in 1859 he married Sarah Williams, of Norwalk.

Wylie H. Oldham, son of Samuel and Rel>ecca; Oldham, was born November 21, 1 819, at the old homestead in Ohio County, (West) Virginia, wbere his grandfather and father lived and died. When about one year O'ld he was taken to the State of Newi York, where his father wa.s employed as a missionary, teaching the Seneca Indians, lived in Cornplanter's town, rememlbered well the wild scenes in which his early boyhood was spent. Leaving there at five and a half years of age, he aicquired such an education as the primitive schools of Virginia then afi^orded. In 1832 he entered the private academly at West Alexander, \\''ashington Co-unty, Pennsylvania, under the charge of Rev. John McCluskey, pastor of the Presbyterian Churcli of that place and pursued his academic studies under Ivie\'. Mr. McCluskey's care until September, 1836, when he entered the junior class in Washington College. He was a member of the Washington Literary Society, graduated in June, 1838, and took the first honor of his society and second of his class (the first honor of the class being by rule of the faculty due that year to the Union Society \\-hich alone prevented his obtaining the fi:rst honor of his class). In the fall of 1838 he went to Mount Vernon, Ohio, and spent one year in teaching. In the fall of 1839 he went to Lexington, Kentucky, and taught one }'ear, near the home of Haii-y Clay, visiting himi frequently in 1840. He studied law with Isaac Hoge, at Moundsville, (West) Virginia, and was admitted to the bar in 1842. Shortly after, he was elected prosecuting attorney. He represented Marshall County in the Virginia Legislature in 1846-47 and '48. He practiced law at Moundsville from the time he was admitted to the bar until May, 1865. May 23. 1844, lie married Mar}'' Curtis, daughter of R. C. Curtis, of Moundsville.

AJjr. Oldham was probably the greatest jury lawyer that ever belonged to> the Washington Cotmty Bar. He was a polished orator, with a large vocabulary ; but he never talked over the heads oi his jury. His evident candor and sincerity inclined jurors to sympathize with his views of the case; and his knowledge of human nature enabled him to lay the stress of his speecli where it was most needed.

He was for many years a railroad attorney ; and in that early day made a practice (much mare general now than then) of settling every case or claim that could be settled on reasonable terms. Indeed, he was inclined to favor the settlement of controx-ersies generally.

The social qualities of ^Ir. Oldham were of a very high order. He was kind and cordial with eveiy one. He enjoyed social gatherings, and sh'>\ved it by his manner. He was a good talker, but at the same time a willing listener. His con\-ersati(in was always entertaining, and usually instructive. He was cpiick at repartee; but there was nothing bitter alx>ut his wit. Socially he was a universal favorite with old and young, with rich and poor.

Mr. Oldham was an orator, and as statesn-'Vin and lawyer his speeches and arguments were models oi beauty and elocpience. He was a good citizen, an earnest churchman, a liberal contrib'Utor to bene\-olent enterprises, a mjan of principle, honor and fidelity, whose death was deeply lamented by all who knew him.

He was educated at Marietta College; studied law with Hon. Arius Xye. of Marietta, and was admitted to the bar in 1842. He commenced practice at Urbana, Ohio, associated with Hon. Thomia,s Coi-\\'in, and about 1843 moved to Cincinnati. After a residence of three or four years at Cincinnati he removed to Newi York Cit}-, where he engaged in the practice of law. He died there in 1898.

Cii.\RLES R'. Rhodes was born at Zanesville, Ohio, November 5, 1819, the third child of Dr. Dudley Woodbridge Rhodes. He went to school in the preparatory department of Kenyon College in 1835, entered the freshman class in 1836, and graduated in course in 1840, taking the second honor of his class.

He entered his name as a student of law in the office of Messrs. Godd'ard & Converse, Zanesville, and was admitted to the bar at Newark, Ohio, in 1843. T!he same year he removed to St. Louis, Missouri, to establish himself as a lawyer, where he remained until the fall of 1836. The same year, having married INlary E. Ward, the third child of Hon. Nahum Ward, oi Marietta, h& returned to Ohio, and made his residence in Marietta, where he still resides.

In January, 1855, he was elected prosecuting attorney, and continued in that office until Januai7, 1857. I" February, 1858, he was elected Probate Judge of Washington County, and continued in office until February, 1861.

During the War of the Rebellion the people, living in the little townships along the Ohio River, were kept in a constant state of alarm, apprehending incursions from the lawless bands of rebels roving through West Virginia. Mr. Rhodes organized a company of from 40 to 60 men, which, through the friendly assistance of Col. William Craig, quartermaster of the United States Army, stationed at Marietta, he was able tO' arm and equip, and wliich he. as captain, kept in thorough drill and discipline, prepared for the emergencies of the times.

He was appointed by the Go'\-ernor of the State (Hon. Rutherford B. Hayes) delegate to the National Commercial Convention, which met at Cincinnati; the following year he was again appointed by the Go'vernor delegate for Southeastern Ohio to the same convention, which met at Baltimore.

]\Ir. Rhodes' whole life in [Marietta was closely identified with the manufacturing and con^mercial enterprises oi the town, and especially with the history and prosperity of St. Luke's Protestant Episcopal Church and Sunday-school - for more than 30 }-ears a member and secretarv of the vestrv. manv times their

Melvin Clarke was Ixarn at Ashfield, Massachusetts, November 15, 18 18, and was the oldest of a family of eight children. He v^ifl.s the son of Stephen and Roxy Alden 'Clarke, and of the seventh generation in a line from John Alden, of "MayfloAver" fame. His early education was derived from the common schools of Whately, Franklin County, Massachusetts, a few termls spent in a select school, and a few months at the academy at Conway, Massachusetts. He came west in the fall of 1838, and taught sch(X3l in Kentucky, at Parkersburgh, (West) Virginia, and in this county for a series of years. Meanwhile he was studying law and was admitted to the bar in 1843, ^"d settled in law practice at MtConnelsville, Morgan County, Ohio, and continued in the practice there for 10 years.

In 1853 he removed to Marietta, and continued to practice his profession until the beginning of the war. He became a leading mem'ber of the bar, and an influential citizen.

Of his mind, the distinguishing features were clearness and strength of comprehension. He had the ability to analyze, arrange and present, in a forcible manner, the evidence in a case, and conducted, with marked talent, the important causes committed to him.

Impelled by motives of patriotism, he, with others, was actively instrumental, at the breaking out o.f the war, in raising and organizing the Thirty-sixth Ohio Volunteer Infantry, and was appointed its lieutenant-colonel, and served in that capacity as a brave and gallant officer until killed by a shot from a lo-pound shell at the battle of Antietam, September 17, 1862.

Hje was buried with military honors in Mound Cemetery, at jNTarietta, and a monument erected to his memory by his army comrades and associates of the bar.

He married Dorcas Dana, daughter of William Dana, of Ne\vport, Oliio, for his first wife, who died about 1850, and left one son. Joseph D. Clarke, who was killed in the war at City Point, Maryland, in 1864. He married, as his second wife, Sophia Browning, of Belpre, Ohio. He was, at the time of his death, a member of the Congregational Qiurch of Marietta.

Samuel B. Robinson was bom at Washington, Pennsylvania, February 15, 18 14. and was educated at Washington, now- Washington and Jefferson, College of that State. In 1835 he was editor of the Washington Rc- /-ortcr. In 1836, with his widowed mother and her family, he moved to Lake Chute, and shortly thereafter to Be\'erly, Ohio. In 1837, at Beverly, in partnership with John Dodge, he engaged in mercantile business and continued therein for seven years. He studied law, Hon. Isaac Paine being his preceptor, and was admitted to the bar in 1844, and entered upon the practice of his profession in Beverly. In 1846 he inarried Colina N. Dodge, youngest daughter of John Dodge, o>f Beverly.

In 1846 he was elected prosecuting attorney of the county. In 1873 he was again elected prosecuting attorney, and the duties of this office he ably and faithfully discharged. Mir. Robinson \\-as never of robust frame aridi dulring the latter period O'f his life was in \-ery poor health. On the night of January 2, 1878, wihile traveling by steamer from Beverly to Marietta, he fell overboard and was dro\vned. His body was reco\-ered and buried by the side of his deceased wife in Beverly Cemetery. Diunng his career in life as editor, merchant, and lawyer, Air. Robinson deserved and recei\-ed the confidence and esteem of his fellow-citizens.

Davis Green, son of Rev. Allen Green, was born in Tyler County, Virginia, February II, 1822. In 1823 his paraits came to Ohio and settled on a farm in Belmont County.

D'avis attaided, in the winter season, the schools of his neighborhood, and at the age of 21 years completed his education at Madison Oollege, Guernsey Countv. In 1842 and the twio following years he was partially engaged in teaching, and in the meantime studied law in the ofifice of Judge Ervans of Cambridge. For nearly a year after the fall of 1845 li^ ^^'^-s editor and part ow.ner of the Guernsey Times.

Mount Vernon and in the fall oi the same year located at Marietta and commenced the practice of law. By close application and diligence he soon became promiinent in his proifession. In 1849 he was elected prosecuting attorney for the county, and for two years ably discharged the duties of that office. In i8'54 he was elected Probate judge, and served his three years' term] to the entire satisfaction oi the public. In 1856 he was chosen one of the electors for Ohio of President and Vice-President of the United States, and voted for Fremiont and Dayton.

In 1858 he was elected Senator in the Ohio Legislature from the district conT[x>sed of Washington and ]\I organ counties, and was an elotjuent, influential and highly esteemed member of that lx)dy.

In 1 86 1, at the breaking out of the Rebellion, he took a decided and prominent part in defense of the government, and labored unremiittingly to encourage and promote the cause of the Union.

Judge Green was a man of great energy and industry; and his natural abilities were of a high order. Those who knew him best estimlated his mental capacity the highest. At the time of his death he ranked as one of the best and m|ost successful lawyers in Washington County. In the primie of his life and the midst of his influence, he died at M'arietta, August 22, 1862. He was mjarried in 185 1 to Columbia Ferguson, who is now the Avife of Dr. D. Walter. Mrs. Dr. Curtis is a daughter. William Spencer Nye, son of Arius Nye, was graduated from ^^larietta College in 1843. He studied law with his father, and was admitted to the bar in 1845. He commlenced practice in Marietta, associated with his brother, Dudlev Selden Nve, as D. S. & \y. S. Nye.

He was elected and served as prosecuting attorney of the county from 2^Iiarch, 1848, to Miarch, 1850. About 1854 he was appointed attorney for the Mlarietta & Cincinnati Railroad Conijpan}-. In 1861 he A\as again prosecuting attorney of the county. Shortly thereafter he removed to Chillicodie, Ohio, where he died of typhoid fever in 1862.

Mr. Nye was an accomplished gentleman, and a lawyer of fine abilities and attainments. .\ rather sensitive and retiring disposition inclined him to shrink somewhat from the more rugged conflict of the court room practice and to thus take a less conspicuous position as a trial lawyer than his legal learning and acumen entitled him to occupy. It was for his breadth, soundness and candor of view, as a counselor, that he was best known in the profession.

His disposition was peculiarly amiable, and in his domestic and social life he was a most genial conipanion, and warmly attached to himself all who knew him intimately.

Dudley Selden Nye, son of Arius Nye, was admitted to the bar at the No\-eml3er term. 1843, o'f th.e supreme court, sitting in Morgan County. In 1847 'is 3,"'! l^'* brother, Williaml S. Nye, associated themsel\-es in the practice of law at M'arietta, succeeding tO' the business of Arius Nye & Son, as D. S. & W. S. Nye, and continued in practice until the autumn of 1852.

In 1852 he removetl to Tennessee, and in the spring of 1855 removed to Council Bluffs, Iowa, and in 1857 was elected county judge of Pottawattamie County, in that State. In November, 1862, he returned to Mjarietta, wbere he engaged in the practice of law.

Dudley S. Nye was a good office lawyer, and a safe counsellor. He ser\-ed four years as postmaster of Marietta under appointmient of President Cleveland. He died at his home in Mjarietta in 1901.

Henry A. Towne was torn January 5, 1826, at Litchfield, Herkimer County, State of New York. Upon the death of his father. Rev. Abner Tbwne, pastor of the Presbyterian Church at Litchfield, his mother returned with her son, then five months old, to her parents at Amherst, Massachusetts, and coming afterward to Gallipolis, Ohio, the residence of her brother, Hon. S. F. Vinton, married May 28, 1 83 1, Dr. Robert Saiiford, of Putnam. Ohio, now the Ninth W'ard of Zanesville, at which time the subject of this sketch became a resident of Obio. He entered Marietta College when 15 years of age. and graduated in 1845; was admitted to the bar at Cincinnati, Ohio, in 1849. ""d practiced law at ]\Iarietta, Ohio-, in partnership with Hon. William A. W'liittlesey, from 1849 to 1854, and afterward with Davis Green, Esq., now deceased, until his removal to Portsmouth, Ohio, December i, 1855, where he altered upon the practice df law. He married, December 18, 1856, Harriet Nye, daughter of Arius Nye, noAv deceased.

In 1858 he was elected one of the judges of the Court of Comlmon Pleas of the Seventh Judicial District of Ohio, and held that position until July, 1870, when he resigned and resumed the practice O'f law at Portsmouth.

He has been connected with several of the furnaces of the Hanging Rock iron region, and is now a stockholder and director in the Globe Iron Oompany, of Jackson. Ohio; and is also a stockholder and director in the Scioto Star Fire-brick Works, at East Portsmouth, Ohio.

In April, 1879, he was elected mayor O'f the city of Portsmouth. In 1880 he was appointed supervisor of census of the Fourth District of Ohio, and superintended the taking of the census in the eleven counties comprising the district. Pie died in 1888, in California, where he had gone on account of ill health.

Rodney M. Stimson was bom in Milford, New. Hamipshire, October 26, 1824. He attended Phillips Exeter Academy, New Hampshire, during three years preceding 1845, when he entered ^Marietta College and graduated from that institution in 1847. He studied law, and in 1849 "^^'^s admijtted to the bar at Marietta. Soon thereafter he removed to Ironton, Lawrence Cormty, Ohio, and there established the Register, a newspaper which, as editor and proprietiir, he successfully conducted for 12 years. In 1862 he removed to !Marietta, and' there edited and published the M\arietta Register during the 10 years following. In 1869 he was elected Senator in the Ohio Legislature, and was re-elected in 1871, serving four years. In 1877 he was appointed State Librarian, and for two. years acceptably discharged the duties of that office. His residaice is at JMarietta. He is a trustee of Marietta College, to which he gave a very valuable selection of books for its librarv. He devotes his time to literary pursuits. He has been twice married, first in 185 1, and again in 1862.

Samuel S. Knowles, son of Samiuel and Clarissa (Curtis) Knowles, was bom in Athens, Ohio, August 25, 1825. In 1846 and the three years following he was a student in the academy and the Ohio University, at Athens. After finishing his course of studies at the University he read law with Lot L. Smith and L. Jewett, at Athens, and was admitted to the bar in 1851. During the same year he was elected prosecuting attorney of Athens County, was re-elected in 1853, and held that ofiice for four }ears. In 1861 he removed from Athens to Marietta, engaging in the latter place in the practice of his profession. In 1864 he was commassioned captain of a company in the 148th Regiment, Obio National Guard, and served with his compan}', stationed at Dermluda Hundred until September of that year, when the regiment \\'as mustered out of service. In 1864 he was elected mayor of the city of 'Miarietta, and re-elected in 1866, sei-ving four years. In 1865 he \\'as elected Senator in the Ohio Legislature from the counties of Washington, M.organ, and Ntoble, serving two years. In 1875 he was elected judge of the Court of Comjmion Pleas, of the Third Subdivision, of the Seventh Judicial District of Obio, to fill a vacancy caused by the resignation of Judge Plants, and in 1878 he was reelected for the full temi of five years. He was married January 23, 1852, to Henrietta Devol, youngest daughter of Capt. Charles Devol, of Hnckingport, Athens County. He died in Marietta in 1895.

Thomas W. Ewart, LL. D., was born February ^7, 181 6, at Grandview, Washington County, Ohio. His mother, Mary Cochran, was a native of (West) Virginia, of Scotch descent; and his father, Robert K. Eiwiart, a Pennsylvanian, of Irish parentage. Tlliomas recei\'ed such early education as he could obtain in the common schools of that date, in which he was a diligent and ambitious student.

clerk O'f tlie courts of Washington County, wihere he improA'ed his time not demanded in the office in studies under private instructors. He was appointed clerk of the court O'f this county in December, 1836, and continued in office until October, 1851. \\1iile still clerk oif the court, he was elected to represent Washington Cbunty and Morgan County in the Constitutional Convention of 1850, which formed the present constitution of Ohio, and was one of its youngest Ob the expiration oif his term: as clerk of the court, he was elected Probate judge of Washington County, the first under the new Constitution.

In the nteantime, while in the prosecution of official duties as clerk of the cnurt, he had pursued a rigid course of legal study under Judge Nye, and' when he attended the Constitutional Convention at Cincinnati, in 185 1, was admitted to practice in the courts of Ohio.

He held the office of Probate judge one year, and resigned to practice his profession, in which he had a great degree of success, and attained a prominent position as a lawyer of recognized ability.

Thomas W. Ewart was an acti\-e partner in the following law firms, and was the leading mjember oi all except the first, - to-wit - Clarke & E,wart ; Ewart & Shaw ; EwEirt, Shaw & Sil>ley : Ewart, Gear & Ewart : Ewart, Sibley & Ewart; and Ewart & Ewart. These Wiere the leading law firms of Marietta for about 25 years.

Mir. Ewart was a man of indefatigable industry; and .spared no labor to make himself master oi his cases. He was not a genius : but he had made hard work do the part of genius.

In politics he was a Whig, seTvii!|g as chairman of the central committee of the county for many years. At the organization of the Republican party, he identified himiselt with that party.

As a citizen he was active, enter'prismg, seeking the welfare of the community; especially so in connection with the temperance and Sunday-school movements.

In 1838 he married Grace D&na, of Newport, who died in 1854; and in 1855 he married Jerusha Gear, daughter of Rev. H. Gear, late of Marietta, deceased. He moved from Marietta to Granville, Ohio, where he died in 18S1.

William R. Richardson was born in Washington County, Pennsylvania, May 25, i8_'4. In 1 84 1 he entered Washington College, and there pursued a three years' course of study. In 1846 he enlisted as a volunteer in the "Steu'benville Grays," a company raised for the Mexican War, and assigned to the Third Ohio Regiment. After his return from Mlexico, he was engaged for several years teaching in Brooke County, (West) Virginia, and Harrison County, Ohio, and in the meantime studied law, with Allen C. Turner, of Cadi-2, and was tliere admitted to the bar in 1852. In 1853 he moved from. Harrison County to Woodsfield, in ]\Ionroe County,. Ohio, and after a year's employmtent as principal of the Monroe Academy, commenced there the practice oif law in partnership with L. C. Wise, and afterward associated himself with Edward Nechbold.

In 1855 he was elected prosecuting attorney for Monroe County, and was re-elected in 1857, and again in 1859. In 1861, soon after the attack on Fort Sumter, he raised two comipanies of volunteers, which were assigned to the Twenty-fifth Ohio Infantry, three years' service, oi which regiment he was appointed major, and soon after lieutenant-colonel, and with that rank proceeded to the field. In 1862 he was promoted to the colonelcy of his regimient. In 1863, at the battle of Chancellorsville. he was wounded in the right shoulder, and on account O'f the severity of the wound was an inxalid for eight months. In January, 1864. he was detailed as president of a general court-inartial at Camp Chase, near Columbus, Obio, and in February following was placed in comlmand of that post. In October, 1864, he was elected attorney general of the State of

Ohio, and it was his intention to retire from the army, but upon the urgent solicitation of Governor' Brough, he resigned the attorney generalship and remlained in the service. The same year he was breveted brigadier-general. In 1865 he was ordered to Charleston, from thence "to Columibia, and finally to Darlington, in command of the district of East South Caro lina. In June, 1866, he resigned his position in the army. In July, 1866, he was appointed collector of internal revenue for the Fifteenth District of Ohio, and in NovemOier mO'ved from Woodsfield to Marietta. In Mlay, 1869, he resigned his office oi collector, and then engaged at Miarietta in the successful practice of his profession as a lawyer. As a comr manding officer General Richardson possessed the confidence and esteem of his mien. His services in detached positions were frequaitly commended. He was connected professionally with various enterprises, and 'was a director of the Cleveland & Marietta Railroad. He was married in 1848 to Sarah E. Smith, of Brooke County, (West) Virginia, w-ho died at Marietta, May 11, 1879. He died at Newcastle, Indiana, in 1886.

D'AViD Alban studied law in the office of Hon. Samwel F. Vinton, of Gallipolis, Ohio. In the spring of 1855 he Was admitted to the bar by the District Court sitting in Gallia County. In the summer of 1855 he removed to Marietta and coanmaiced practice in partnership with Hon. Arius Nye.

In 1862 he volunteered as a private soldier in the United States service, and served with his regiment, until he was taken prisoner at Harper's Ferry, September 13, 1862, and paroled.

In 1 861 he was elected prosecuting attorney of the county, and was re-elected in 1863, and in 1865, serving for six consecutive years. For several years he was associated with Hon. W. B-. Loomis, in the law firm o'f Loomis & Alban, wliich was recognized as one of the leading law firms in the city. In 1879 he was again elected prosecuting attorney of the county. He died in Marietta in 1882.

London, Connecticut, February i, 1837. In the spring of 1840 he came with the family of his father, Christopher C. Loomis, tO' Marietta, Ohio, where his father engaged in the mercantile business. He attended the Marietta Academy, and completed his early education at the Marietta High School, having in 1853, graduated with the first class of graduates from that school. After leaving school, he was engaged for a few months as merchant's clerk, after which he wias employed as deputy clerk of the Oourt of Common Pleas and clerk of the Probate Court of Washington County, Ohio. During his clerkship in these courts, he studied law with Micssrs. Clarke & Ewart, and in April, 1857, was admitted to the bar by the District Court of Washington County.- . He then engaged in the practice of hiVfjirofess'ion at 'Marietta, in partngalfip wit|iuJ;ix)nm«*,W- Ewart, Esq., w^ich ^Ktion ccJtitimied until the fall of 1859. In tre^pring of i860 he became the law partner \-^fif J^Ielvin Clarke, and /Sp continued until Coluiiel ClarfS^^was killed in the battle at Antietanii in 1862. He was married O^ber I, iiS6o, to Harriet Frances Wheeler, of F. J. Wliccler, Rsq., of Marietta. IiV'i.8p^l}e was elected city solicitnr oif the city of Mfanetta, which office he held for four years. Fromj the spring of 1863 to May, 1865, he was associated with the late Judge Siniieon Nash, of Gallipolis, as partner in the practice of law at Marietta, when he became the law partner of Samuel S. Kno>w!es, and so remained until June, 1868, at which time he was elected judge of the Court of Comimon Pleas of the Third Sulbdivision of the Seventh Judicial District of Ohio, and held that position for five years.

After his retiremsent from the bench, Judge Loomis resumied the practice O'f the law in Marietta, first as the senior memlber of the firms of Loomis, Alban & Oldham, and Loomis & AJban ; and afterward alone. He built up a large business in lx>th the State and Federal courts.

Judge Loomis had what is properly called a fine legal mind - a mind acute, discerning, penetrating, and anal}-tical. He was a wide and intelligent reader, and not only ajbsorbed but assimilated knowledge. He had a wonderful power of clear statement, which left no misty points. Taken all in all, he is believed to have been the most profound lawyer that Washington County has ever produced. He died suddenly, in January, 1898.

Henry Manasseh Dawes was bom at Malta, M|organ County, Ohio, Marcli 11, 1832. He was the eldest son of the late Henry Dawes,, a. prominent and active citizen of that county, and a grandson of Rev. Manasseh Cutler. His boyhood was spent at Malta, whence he came to M'arietta about the year 1850, and pursued a regular course at Marietta College, graduating in 1855, after which he studied law in the office of the late -Hon. Davis Green, and was admitted to the bair at the April temi oif the District Court of Washington County, 1858. He at once becarne a partnei" of Judge Green, and contimied in the practice at Marietta until his death, which -occurred August 13. i860.

Mr. Dawes was aidowed with a mind of luiusual strength, quick perception, and fine reasoning powers, and his talents and acquirements gave promise of great professional success and distinction.

Decended from a line of ancestors who participated in the stormy events of the Revolution, he seemed to have inherited the patriotic spirit of that period, and developed an early fondness for the study of the political "history of the coimty, and for active participation in political discussion. When yet a student, he delivered a course of lectures upon the life and times of Henry Qay, the "Great Am'erican Commoner," in which he ga\-e e\-idence that he comprehended the spirit of our institutions. He was also a frequent contri- Tjutor to the local press on these subjects.

A man of decision and firmness, unyielding where principle was involved, he was at the same time genial, generous, and courteous to all, and having a face full of tenderness and indicating a frank and kindly nature, he was one whomi to know, well was both to respect and love. His untimely death was the cause of general sorrow^ and regret, and deprived the bar of a mtember vVho would have honored the calling.

Frank Buell was born at Lowell, Washington County, Ohio, April 24, 1837. He studied law with Hon. W. A. Whittlesey, of Marietta, and in January, 1859, was adnijitted to the bar. In 1859 he was elected prosecuting attorney of the coimty. In 1861, at the breaking out of the War of the Rebellion, he resigned his office as prosecuting attorney and was commassioned as a captain of Comipany B, 1 8th Regiment Ohio Volunteer Infantry, in the three months' service. Afterward, in the fall of the same year, from recruits residing on the borders of Oliio and West Virginia, he raised an artillery company, the "Pierpont Battery," and by the Governor of West Virginia was appointed and comlmissioned captain of the same. With his command he was in the campaigns in West Virginia, under Generals Fremont. Schenck, and Sigel, was engaged in se\'eral severe artilleryduels, and in the battles of Cross Keys, Port Republic and Cedar Mountain.

On the 22nd of August, 1862. at Freeman's Ford, in Fauquier County, Virginia, whilst engaged in an artillery skirmish, a shell fom the enemy's battey struck the ground beneath his horse, and, bursting, a piece passed through the horse and broke the Captain's thigh. The horse fell dead across the Captain's body, inflicting internal injuries from wjiich he died in a few hours.

Captain Buell, during his short career as a soldier, was the favorite with his command, and his services were highly commended by his superior officers. His speedy promotion to a colonelcy of artillery was contemplated by the government.

Walter Brabham was lx>m in Loudoun County, Virginia, Septemlljer 29, 1812. He obtained his early education at the common schools of that county, and commenced the study of law with William Benton, Esq.

In 1835 he niO'ved from Virginia to Ohio, and in Morgan County, and afterward in Washington County, was engaged for several years in the business of teaching, merchandising, and farming.

In 1859, having completed a course oi law studies, under the preceptorship of Hon. Davis Green, of Marietta, he was admitted to the bar and commenced the practice of law.

, In 1S67 he was elected prosecuting attorney of Washington County, and was again elected to the same office in 1871, and acceptably discharged the duties thereof until 1873. He continued the practice of law here until his death in 1882.

Hiram L. Gear, son of Rev. H. Gear, was "born at Marietta, Ohio, December i. 1842, prepared for college in the High School of Marietta, and entered Marietta College in 1858, and graduated therefrom in 1862.

After acting as tutor in Marietta College for one }-ear, he read law, with Thomas W. Ewart, and then removed to -California, where he was admitted toi practice 'by the Supreme Court of thiit State. He was an energetic young man. of a logical turn of mind, and entered heartil)- into the active business life of the community ; and, while at Quincy, Plumas County, California, Was elected prosecuting attorney. Subsequently he became editor of the Plumas Comity Herald, at Quincy, Ca'ifornia, which position he held until his return to Marietta in the fall of 1870. Here he again engaged in the practice of law, as a partner in the firm of Ewart, Gear & Ewart, and continued in that business until the fall ol 1872, when, impelled b}- the imipression that he ought to preach the Gospel, as his father had done, he left the law and became a minister, preaching at Niewport, O'hio, Norwalk, Ohio, and finally he was called to the position of superintendent of State missions of the Baptist denomination.

Virginia, ^larch 3, 1849. He attended the Morgantown (West Virginia) Academy during the four years preceding 1865, when he moved w.ith his father to Marietta, Ohio, and in 1866 entered Marietta College, and graduated therefrom in 1870 with the highest honors oif the class. He studied law with his father at Marietta, attended law lectures at Cincinnati, and was admitted to- the bar in 1872. Immediately after his admission to the bar, he entered at Marietta upon the practice of his profession, the first year in partnership with his father and W. G. ^^'ay, as Oldham, Way & Oldham ; for the next four years in partnership wiih W. B. Loomis, as Loomlis & Oldham, and since 1876 in partnership with R. L, Nye as Nye & Oldham. '

In 1875 he was the nominee of the Democratic party for tlie office of prosecuting attorney o'f the county, and was elected, and reelected in 1877.

Francis F. Oldham remo\-ed from Marietta to Cincinnati in 1S88; and has since practiced lawf there with success. For several years past he has given nitich oi his time to- legal work for the United States government, as special agent for the Comptroller oi the Currency.

Andrew \\'. AIcCormick was born in Greene County, Pennsylvania. He came to Marietta and published the Marietta Republican for some years preceding the if all of 1861, when he entered the nijilitary service, became captain in the 77th Reg., Ohio Vol. Inf., was wounded and twice taken prisoner during the war.

In 1867 he was admitted to^ the bar in Washington County. In 1869 he was elected Probate judge oi the county, and was reelected in 1872. He practiced law in Marietta fromi 1876 until 1878, when he removed to Cincinnati.

He commenced the study of law with Messrs. Loomis & Alban, and completed the same with M. D. Follett, and in 1878 was admitted to the bar. In the spring of 1879 he