m C^atttell Unioeraitg Slibrarg ..Mrs^. Sanmal Orth Cornell University Library F 499C6 K35 Bench and bar of Cleveland /bv James Ha 3 1924 028 849 093 ^ XI Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://archive.org/details/cu31924028849093 THE BENCH AND BAR CLEVELAND. JAMES HARRISON KENNEDY, AUTHOR OF "the EARLY DAYS OF MORMONISM," "THE AMERICAN RAILROAD,' EDITOR OF "MAGAZINE OF WESTERN HISTORY," WILSON M. DAY, EDITOR "iron TRADE REVIEW." CLEVELAND, O.: The Ciw?« Harrison Kennedy 7 //. THE LEGAL AND JUDICIAL HISTORY 15 The County Legal History : Common Pleas, Probate and United States Courts— i^. T. Wallace, Esq 17 The Circuit Court . 43 The Superior Courts — Hon. G. M. Barber . -43 The Bankruptcy CouKTS^Helen E. Watterson 52 The Municipal Court — C. W. Heaton S3 The Justices and Their Courts — W. R. Rose- 59 THE BAR ASSOCIATIONS 75 The Cleveland Bar Association — C. W. Heaton 77 The Cleveland Law Library Association — A. A. Beniis, Esq 80 IV. THE COUNTY COURT HOUSES 87 V. THE NOTED CRIMINAL AND OTHER CASES— fK R. Rose 93 VI. MISCELLANEOUS 115 Cleveland Leg At" Writers and Writings 117 The Crowell, Law School 120 The Cleveland Law College 121 City Attorneys — City Solicitors — Codifications 122 Cleveland's First Woman Lawyer 124 Court Statistics ... 125 The Forest City Lyceum 130 CONTENTS. -'• PAGE. INTRODUCTORY— >»?« Harrison Kennedy 7 //. THE LEGAL AND JUDICIAL HISTORY 15 The County Legal History : Common Pleas, Probate and United States Courts — F. T. Wallace, Esq 17 The Circuit Court 43 The Superior Courts — Hon. G. M. Barber 43 The Bankruptcy Courts; — Helen E. Watterson 52 The Municipal Court — C. W. Heaton 53 The Justices and Their Courts — W. R. Rose- 59 III. THE BAR ASSOCIATIONS 75 The Cleveland Bar Association — C. W. Heaton 77 The Cleveland Law Library Association — A. A. Bemis, Esq. . . 80 IV. THE COUNTY COURT HOUSES 87 V. THE NOTED CRIMINAL AND OTHER CASES— f^. R. Rose 93 VI MISCELLANEOUS 115 Cleveland Legal"'Wtjiters and Writings 117 The Crowell^-Law School 120 The Cleveland Law College . .121 City Attorneys — City Solicitors — Codifications 122 Cleveland's First Woman Lawyer ... 124 Court Statistics ... 125 The Forest City Lyceum 130 CONTENTS. PAGE. VII. STORIES OF THE BAR Anecdotes and Incidents — Hon. Harvey Rice • 37 Stories of Pioneer Days — Hon. James M. Coffinberry . ^^2 Random Recollections of the Early Days — Hon. James A. Bnggs . ■ i49 Recollections of the Cleveland Bar — D. W. Cross, Esq ^54 Judges of the Supreme Court of Ohio — A. T. Goodman . . ■ io4 VIII. SOCIAL GATHERINGS OF THE BAR ... 171 The Bar Picnic at Nelson Ledges — Charles E. Kennedy i73 The Bar Banquets— i^. T. Wallace, Esq. . . 176 Speeches of H. B, Payne, Martin Welker, R. F. Paine, D. R. Tilden, J. M. Jones, J. W. Heisley, F. J. Dickman, W. W. Boynton, Henry McKinney, R. P. Ranney, J. E. Ingersoll, M. D. Leggett, J. H. Rhodes, Virgil P. Kline, W. C. McFarland, J. C. Keffer, Harvey Rice, W. S. Kerruish, J. M. Cofl5nberry, E. T. Hamilton, E.J. Estep, G. T. Dowling, Amos Denison, and S. O. Griswold. IX. BIOGRAPHICAL DIRECTORY 243 The Bar of 1889 . .... 245 An Official Roster . 248 Bar Biographies ... 251 Harvey Rice, 252; John A. Foole, 252; R. P. Ranney, 253; S. Burke, 254; J. M. Coffinberry, 255 ; J- J- Elwell, 256 ; D. R, Tilden, 257 ; H. B. Payne, 257 ; M. p. Leggett, 258 ; J. M. Adams, 25S ; W. W. Boynton, 259 ; J. W. Tyler, 260 ; C. C. Baldwin, 260 ; H. McKinney, 261 : M. R. Keith, 261 ; J. M. Jones, 262 ; J. E. Ingersoll, 262 ; J. M. Hoyt, 263 ; John Hu' -263; J. C. Hale, 264 ; M. R. Dickey, 264; Samuel B. Prentiss, 265 ; Martin Welker, 265 ; V .11,266; J.D.Cleveland, 267 ; Darius Cadwell, 267 ; Loren Prentiss, 26S ; J. W. Heisley, ^„ ; R. C. P'^MS^69 ; G. M. Barber, 269 ; E. T. Hamilton, 270 ; A. J. Ricks, 270 ; H. C. Ranney, 271 ; H. C. W J7^^j^mies Wade, 272 •_ A. T. Brewer, 273 ; E. J. Estep, 274; J, K. Hord, 274; C. E. PenneweU^ "p. KHn%^«j25 ; CM. Stone, 276 ; G. -H. Foster, 276 ; William Robison, 277 ; C.B.Berrn^, '7; *^ E. Burton, 278- E Sowers, 278; L.E. Holden, 279; A. T. Brinsmade, 279 ; I,. V. X^So; M, A. Foran, 2S0; E. S. Meyer, 281 ; G. E. Herrick, 281 ;. F. H. Kellys 282; James Lawrtuce, :i?j2 ; ^. J. Marvin, 283;" R, E Mix, 283; R.D. Noble, 283 ; L- A. Russell, 284; R. S. Shields, 284; Andrew Squire, 235-»^^v, W. Andrews 285 ; S. E. Williamson, 285 ; C. D. Everett, 286 ; J. G. White, 286 ; J. F. Herrick, 2S6 ; W. C. McFarland, 287 ;. C. W. Noble, 287 ; E. H. Eggleston, 288 ; Amos Denison, 288 ; J. P. Dawley, 289 ; G. A. Groot 289; S. O. Griswold, 290 ; J. H. Rhodes, 290 ; W. S. Kerruish, 291 _; H. J. Caldwell, 292 ; M.B.Gary, 292 ; A. W. Lamson, 292 ; C. M. Vorce, 293 ; W. B. Sanders, 293 ; H.TD. Goulder, 293 ; M. T. Herrick 294; W. E. Sherwood, 294 ; J. F. Weh, 295 ; W. C. Ong, 295; P. H. Kaiser, 295 ; F. T. Wallace, 296 ; John Coon, 296 ; James Hossack, 296 ; D. W. Gage, 297 ; J. H. Hoyt, 297 ; M. M. Hobart, 297 ; j. c. Hutchins, 298; Alexander Hadden, 298; A. H. Weed, 298 ; Peter Zucker, 299 ; Leonard Watson CONTENTS. 3 PAGE. 299 ; E. W. Laird, 300 ; J. H. Webster, 300 ; J. H. McMath, 300 ; E. J. Blaiidin, 301 ; E. B. Bauder, 301 ; T. H. Johnson, 302 ; O. J. Campbell, 302 ; T. A. McCaslin, 302 ; William Heisley, 302 ; T. K. Dissette, 303; W, T. Clark, 303; A. G. Carpenter, 304; W, F. Carr, 304; S. F. Adams, 304; N. A. Gilbert, 305; G. Iv. Case, 305 ; S. M. Eddy, 305 ; F. E. Bliss, 306 ; W. B. BoUon, 30S ; C. W. Collister, 306 ; S. D. Dodge, . — 307; C.J.Estep,307; E.J. Foster, 307; Arnold Green, 30S; E. W. Goddard,3o8 ; E. D. Stark, 308; J. M. Hull, 308; N. T. Horr, 309 ; W. M. Hayden,309; J. P. Green, 309; R. R. Holden, 310; T. L.Johnson, 310; George Hester, 311 ; H. A. Kelley, 311 ; C. V. Hnll, 311; F. H. Goff, 311; J. T. Logue, 311; F.C.McMillin, ^ 312 ; H. H. Poppleton, 312 ; Perry Prentiss, 312 ; J. R. Ranney, 313 ; F. B. Skeels, 313 ; A. A. Stearns, 313; T. L. Strimple, 313 ; R. D. Updegraff, 314 ; F. N.Wilcox, 314; Thomas Piwonka, 314; W. B. Neflf, 314 ; A. St. J. Newberry, 314 ; J. O. Winship, 315 ; C. L. Weems, 315 ; O. L. Neff, 316 ; H. C. Ford, 316 ; F. E. Dellenbaugh, 317 ; C. L. Selzer, 317 ; V. H. Burke, 318 ; H. J. Ewing,.3i8; E. L. Hessenraueller, — 319 ; G. C. Wing, 319 ; F. C. Gallup, 319; August Zehring, 319 ; J. M. Williams, 320 ; F. J. Wing, 320 ; L. A. Wilson, 320 ; G. H. Barrett, 320; J. W. Ball, 321 ; A. W. Beman, 321 ; H. M. Bull, 321 ; F. H, Bierman, 321 ; E. S. Cook, 321 ; M. W. Beacom, 322 ; W. G. Cleveland, 322 ; Jay Comstock, 322 ; C. W. Coates, 322 ; Eckstein Case, 322 ; M. W. Cope, 323 ; G. L. Dafce, 323 ; Alexander Elmslie, 323 ; J. A. Osborne, 324 ; E. A. Angell, 324 ; J. E. Ensign, 324 ; H. M. Farnsworth, 324 ; F. C. Friend, 325 ; S. S. Ford, 325 ; G. C. Ford, 325 ; J. G. Pomerene, 325 ; J. R. Garfield, 326 ; Frederick Green, 325 ; A. T. Hills, 326 ; Edmund Hitchens, 326 ; H. A. Garfield, 326 ; Frank Higley, 327 ; M. C. Hart, 327 ; A. F. Ingersoll, — ~" 327; M. B. Johnson, 327; H. H. Johnson, 32S ; T. M. Kennedy, 328; C. F, Leach, 328; R. M. Lee, 329; G. W. McDonald, 329; J. M. Nowak, 329; M. G. Norton, 330; J. B. Paskins, 330; T. D. Peck, 330 ; Thomas Robinson, 330 ; W. M. Raynolds, 330 ; H. L. Vail, 331 ; A. E. Lynch, 331 ; ■~~ J. J. Hogan, 331 ; W. L. Rice, 332 ; A. G. Melichar, 332 ; B. C. Starr, 332 ; S. H. Curtiss, 332 ; Wilbur Parker, 332 ; Walter Thieme, 333 ; J. C. Bloch, 333 ; J. H. Sampliner, 333 ; E. C. Schwan, 333 ; W. B. Higby, 333; J. W. Stewart, 333 ; Emil Joseph, 334 ; S. A. Schwab, 334 ; J. W. .Sykora, 334; G. G. Sowden, 334; C. G. Canfield, 334; W. E. Talcott, 335 ; Charles Zucker, 3351- J. W. Tyler, 335 ; N. P. Whelan, 336; L. H. Winch, 336; S. Starkweather, Jr., 336; J. A. Smith, 336; A. Strauss, 336; C, B. Robinson, 337 ; H. L. Robinson, 337 ; W. D. Pudney, 337 ; J. C. Poe, 337 ; J. S. Merry, 338 ; H. R. Keeler,338; J. H. Dempsey, 338 ; R. A. Davidson, 338 ; J. C. Lower. 338 ; H. T. Cowin, 338 ; J. L. Athey, 339; H. C. Bunts, 339; C. M. Copp, 339; A. Benjamin, 339; Charles Taylor, 339 ; Frank Scott, 339 ; Montague Rogers, 340 ; J. W. Taylor, 340 ; R. S. Avery, 340 ; J. E. Farrell, 340 ; Orlando Hall, 340; G. L. Ingersoll, 341 ; B. W. Haskins, 341 ; J. A. Amor, 341 ; C. W. Baker, 341 ; C. W. — — Chesnutt, 341 ; J. K. Mealier, 341 ; H. H. Munn, 341 ; P. W. Payne, 342; S. C. Blake, 342; O. W. Broadwell, 342; C. F. Morgan, 342; W. T. Buckner, 342; E- E. Brooks, 343 ; A. H. Atwater, 343 ; W. M. Johns, 343 ; L. B. Eager, 343 ; E. J. Thobaben, 343. X. ANECDOTES, Etc.,.,- .. . .',,,,1 345 The Burke ];ish,;' '.pic — George F. Marshall. ... 347 Anecdote and iNcr w.-'^ ^ ..... . . 349 INTRODUCTORY. THE BENCH AND BAR OF CLEVELAND. INTRODUCTORY. JAMES HARRISON KENNEDY. The little settlement formed near a century ago at the junction of the Cuyahoga river with Lake Erie managed to exist until 1816 without a church organization, and held no church building until 1829; but courts, and the machinery for the conduct of civil affairs, were called for and supplied at an earlier day. It is, I know, a popular impres- sion that the pioneer settlers, not only of the Western Reserve, but of all Western sections where New England elements predominated, were pious and God-fearing men, who had little need of courts, and less of the officers of the law ; — an impression too often strengthened by writers who talk of ' ' the good old times " in a strain that would indicate that all times that were early were good, with no bad times or bad men interspersed. The facts are, — as can be demonstrated by any one who looks under the surface of popular narrations, — that the strong arm of the law was needed in early Ohio as else- where ; and that those who would protect themselves against violence, theft and the many forms of small swindling known in all times and the world over, were led to seek the establishment of courts and the enforcement of the laws, as soon as enough could be gathered' at any center-point to make such proceedings possible. While the hardy and attractive virtues of courage, comradeship, hospitahty, and back-woods chivalry existed in abundance and made the history of northern Ohio memorable by their con- stant display, there are too many instances recorded in proof of the presence of less attractive qualities, to be ignored. As Professor B. A. Hinsdale has well said, in illus- tration of a point similar to the above : ' ' The first settlers were generally not godly men, such as founded Plymouth, Massachusetts, and Connecticut, or even Marietta and Granville, Ohio. The men who have created the traditional view of the early history 8 THE BENCH AND BAR OF CLEVELAND. Of the Reserve have either been ignorant of the following facts, or they have accorded to them little weight: First, the Reserve was opened to settlement at a time when religion in New England was at a low ebb. Secondly, Old Connecticut did not at first send, as a rule, what she considered her best elements to New Connecticut. At a later day, the character of the emigration improved in respect to religion and morals; but the first emigration was largely made up of men who desired to throw off the heavy tram- mels of an old and strongly conservative community, where church and state were closely connected, and where society was dominated by pohtical and religious castes. Still further, the East was at this time swept by an epidemic of land speculation; while the laxative moral influence of a removal from an old and well-ordered society to the woods produced its usual effects."* Doctor Hinsdale cites us to an authority t who casts a flood of light upon the moral and religious character of north-eastern Ohio, not proving that people here were worse than elsewhere, but that they were not all saints of the latter-day, ready to be translated without death, or beyond the criticism of modern biographers. Doctor Robbins was a missionary who set down his impressions as they came, in the privacy of his own diary, and no doubt with an idea that beyond the circle of his own descendants they would never see the light or undergo quotation. Doubdess he was something of a Jeremiah, who was disposed to see gloom where one of the temperament of Beecher would have caught the early gleamings of a better morn, but the plainness of language he employs leaves litde doubt of his meaning. No section that deserved censure was spared; no denomination that needed correction was left unadmonished. There was a lack of rehgious interest everywhere; at Hudson, — afterwards one of the centers of religion and education in the West, — the people were "dull and worldly;" at Cleveland (in 1804) they were "loose in principles and conduct," and but few "had heard a sermon or a hymn in eighteen months." In Mesopotamia some were "much inclined to infi- delity ; " at Windsor the people were ' ' thoughtless ; " at Mentor, ' ' much inclined to infideUty and immorahty," while trading was indulged in on the Sabbath; at Painesville, "not one seemed to have the least regard for the Sabbath;" at Willoughby, one of the leading settiers ' ' did not thank the missionary society for sending missionaries ; " New- burgh was accused of ' ' infidelity and profaning the Sabbath ; " and no wonder that Doctor Hinsdale finds food for thought in Doctor Robbins' declaration that ' ' the greater part of the New England people in the country are pretty loose characters." To quote. « " Rev. Dr. Robbins on the Western Reserve." By B. A. Hinsdale, A. M., in Magazine of Western His- tory, for August, 1889, pag-e 353. t" Diary of Thomas Robbins, D. D., 1796-1854." Printed for his nephew. Owned by the Connecticut Historical Society. In two volumes. Edited and annotated by Increase N. Tarbox. Boston, 1886. INTRODUCTORY. 9 as bearing upon this point, the forcible remarks* of a close student of Western Reserve history, — Judge H. C. White, — "the religious and political opinions of men at the close of the last century were greatly colored and affected by the ideas born of the French revolution. We do not at this distance rightly appreciate the force upon men of the new habits and modes of thought which found their way to America out of this great historic convulsion. No spirit has more reacted upon Puritanism than the spirit which arose out of this great upheaval. The political and religious doctrines of this grand epoch mingled with the nascent elements of society- in these western wilds. They turned men for the time from the formalities and outward observances of rehgion. It was so with the rudiments of social growth even in the Puritan settlement of Cleve- land. History records the fact that infidelity achieved an early and strong hold among the settlers. It was open and aggressive. It is said that in ribald mocking the effigy of Jesus was shockingly paraded in the new streets of the village. It was many years before any organized religious work found favor here ; and by many years the distillery antedated the church." Yet these are only the shadows cast across a luminous background. N6 community planted west of the Alleghenies, in any period, had more to encourage it in its own age and commend it to the future, so far as good blood and training are concerned, than pioneer Cleveland, and that quarter of the state of which it is now the metropolis. This fact is so apparent in all the details of its history that no arguments need be urged in its behalf. As Judge White has said, in the paper already quoted : ' ' The Connecti- cut Western Reserve is the last home of colonized Puritanism. In individuals and families it has been carried into the Mississippi valley and beyond it up the slopes of the Rockies and down the Western slopes, but in no other locality of the West does its organizing quality appear, — in no other place has its social flavor so permeated as here upon this Western Reserve. It was actually colonized here. The settlement of North- eastern Ohio was unprecedented. It was not the straggling immigration of a few families; it was the veritable exodus of a colony." The stern, moral law of Plymouth indeed made a mark upon the time. "The Puritan inculcated a righteous sense of justice. He drew his legal inspirations from that ancient people whose legal code was graven on tables of stone. He may have been too ready to condemn tlie accused. And this same bias in the administration of public justice may have left its traces in this community. It is said that one of our legal criminal advocates in Ohio, a short time ago, was engaged on the defense in a noted case of homicide occurring in our midst. When asked the chances of his client, he said that if the trial were pro- ' The Western Puritan." Henry C. White, in Magazine of Western History^ October, 18S5, page 619. lO THE BENCH AND BAR OF CLEVELAND. gressing elsewhere, away from the heart of the Western Reserve, he could acquit his client.- 'But,' said he, 'the accused is at the hard, unmerciful bar of those Puritans, who have reversed the gracious theory of the common law that every man is presumed to be innocent until proven guilty— and the result is doubtful.' But while we laugh at that quaint, fantastic and harsh asceticism which fulminated ponderous statutes against minute and trivial offenses, we should never forget that to this grand spirit of Hebraism —to that lofty ideal of the Puritan fathers who would fain have made the world a very city of God,— we owe the incalculable blessing of that conserving moral force spring- .ing from the Bible which finds its way into all the currents of our civil and social life." Judge White is not alone in this estimate of the strength and lasting endurance of this great force. "Though Puritanism has now outgrown most of its primitive peculiarities,'' says the Honorable Harvey Rice,* "yet many of its traits, like golden threads, are still apparent, not only in the texture of New England character but in the finish of Western Reserve character. It is this finishing touch that has given to Western Reserve life a moral power that wields a positive influence in the affairs of both church and state. . . And though she reveres her ancestry, she never allows the Puritanic element she has inherited to misguide her judgment in matters of faith or in freedom of action. In a word, she has acquired a character of her own that is as remarkable for its noble traits as it is for its originality. " I have quoted these fruitful paragraphs for the purpose of showing why, in one respect, the bar of Cuyahoga county, — and especially in that period which now belongs altogether to history, — should be granted a distinction possessed by few like bodies in the West. During the two first decades of its record it was not a rude body of crude and half-educated men, evolved from the chaos of a new region, as a casual glance might show, but rather a New England court jurisdiction transplanted almost bodily from New England. The products of the best families; the sons of Revolutionary statesmen and Revolutionary soldiers; the graduates of the foremost colleges of the East; the legal seedlings of the best American culture of the day, ready to ripen in the virgin soil of New Connecticut; the young men of promise and hope, who banished themselves from the graces and culture of home, where there was little room unoccupied, and came on horseback or on foot to the open spaces of the West, where they, too, could expand and take root, as their fathers had before them;— these were the first lawyers of the Western Reserve, who have made the legal history of Ohio illustrious by their genius, and brightened it by the nobility of their characters. Call the roll of the first *" Sketches of WesLern Lift." By Harvey Rice; published by Lee & Shepard, Boston, iSS. (second edition), page 144. INTRODUCTdRV. II hundred lawyers of north-eastern Ohio, and ask of each from whence he was trans- planted, and about the heart-fibres of almost every one you will find the fragments of a parent New England soil! Pease, from Connecticut; Hitchcock, from Connecticut; Tod, from Connecticut; Andrews, from Connecticut; Ranney, from Massachusetts; Huntington, from Connecticut; Kelley, from Connecticut; Spalding, from Massachu- setts; Foote, from Connecticut ; Otis, from New Hampshire ; Griswold, from Connecticut; Rice, from Massachusetts ; — and so the list might be carried on to an indefinite length. With such men, in all the vigor and power of young manhood, and ambitious for the future while careful for the present, — to set the pace for the new-made bar of Cleve- land, the race was sure to be well run, and all the prizes contested. Evidences are scattered through the pages that follow of the work they performed, the results they reaped, the scanty material returns at first, and the greater returns of honor and money as the country prospered, as their clientage was enlarged, and their powers matured. In the papers found elsewhere, some of these veterans tell of their personal experiences, and speak generous words of those associated with them. While the illy-paid practice of a young lawyer in a pioneer country, and the hardships of cir- cuit-riding before railroads were invented or highways made, do not seem full of invita- tion to those born in better times and used to the smoother ways of life, it was far from being all darkness or all bitterness; and the surest way to bring the light of youth once more into the eye of one of these veterans of the bar is to recall the days of his youth, when he went forth into the wilderness, like the boy David seeking the giant GoUah. One veteran* has recalled some of these early days in a narrative that will bear brief quotation : "It was the custom to follow the courts in their terms for the several coun- ties of their circuit; so that, substantially, the same bar would be in attendance at courts distant from others fifty to one hundred miles. We travelled on horseback, over very bad roads, sometimes mid-leg deep of mud, or underlaid with the traditional corduroy bridge. Our personal gear, the saddle-bags stuffed with a few changes of lighter apparel, often our law books; our legs protected with 'spatter-dashes,' more commonly called leggins, and our whole person covered with a camlet or Scotch plaid cloak, we were prepared to meet whatever weather befell us. It may well be supposed that meet- ing together at some favorite tavern, (such was the name in those days), the genial members of the profession, coming from different counties, would be likely to greet each other with more than ordinary warmth and delight. We were generally thrown together in one common, large sitting room, and frequently, in a large degree, in a like *" Reminiscences of the early Judges, Courts, and Members of the Bar of Ohio." An address before the State Bar Association, Columbus, Ohio, December 26, 1883. By Hon. Henry B. Curtis. 12 THE BENCH AND BAR OF CLEVELAND. Sleeping room. Thus, conversations and amusements would become common through the whole circle. The profession was rather exclusive, and generally protected by the kind landlord from outside intrusion. Hence, returning to our hotel, after the quarrels and contests of the court room, and refreshed by a supper now not often seen, we gathered in our big parlor, perhaps around a large, brighdy burnmg log-fire, and were ready for anecdotes, jokes and songs, as the evening and the spirits of the party might invite." The earliest setders of Cleveland, -that scattered few who were here at the close of the last century,-had litrte concern for the formation of courts, or their jurisdiction; and the proceedings of the first judicial body of the North-west Territory, at Marietta, in the Fall of 1788, * had litde interest for the almost unbroken wilderness of north-east- ern Ohio. The first Court of Quarter-Sessions of Trumbull county, to which Cleveland then belonged, was a later and a closer event, being held at Warren, on August 25, 1800. This court was organized in this manner : Under the territorial law, the governor was authorized to designate officers for any new county which he might choose to erect. The justices of the peace constituted the general court of the county, five of their number being designated justices of the quorum, and the others associates. They met quarterly; were known as the "Court of the Quarter-Sessions;" and in their hands was lodged the entire civil jurisdiction of the county — local, legislative, and judicial. The first session opened on the Warren common, at four in the afternoon, under a bower of trees, between two large corn-cribs. It continued five days, and the labors it accom- plished can be best shown by the following synopsis of the record, f preserved in the handwriting of Judge Pease : Trumbull County, ] ^ss. August term, 1800. J "Court of General Quarter-Sessions of the Peace, begun and holden at Warren, within and for said county of Trumbull, on the fourth Monday of August, in the year -'The first Court of General Quarter-Sessions held in the "Territory North-west of the River Ohio," was opened at Marietta, in " Campus Martins," September 9, 1788. The commissions appointing the judges were read. Judges Putnam and Tupper, of the Common Pleas Court, were on the bench, and, with Esquires Isaac Pearce, Thomas Lord and Return Jonathan Meigs, jr. (three county justices of the peace or territorial mag- istrates), constituted the quorum of our first Court of Quarter-Sessions, held a hundred years ago in the North-west Territory. The first act of the court was to proceed to impanel a grand jury, which was accord' ingly done, the following named gentlemen constituting that body, namely: William Stacey (foreman) Nathaniel Cushing, Nathan Goodale, Charles Knowles, Anselm Tupper, Jonathan Stone, Oliver Rice, EzrE Lunt, John Matthews, George Ingersoll, Jonathan Devol, Jethro Putnam, Samuel Stebbins and Jabez True And this was the first grand jury to exercise its important functions in the " Territory North-west of th( River Ohio." t" History of Trumbull and Mahoning Counties." Cleveland, 1882, vol. 1, page 66. INTRODUCTORY. I3 of our Lord eighteen hundred, and of the independence of the United States the twenty-fifth. Present, John Young, Turhand Kirtland, Camden Cleveland, James Kingsbury, and EHphalet' Austin, Esquires, justices of the quorum, and others, their associates, justices of the peace, holding said court. The following persons were returned, and appeared on the grand jury, and were empaneled and sworn, namely : Simon Persons (foreman), Benjamin Stowe, Samuel Menough, Hawley Tanner, Charles Daly, Ebenezer King, William Cecil, John Hart Adgate, Henry Lane, Jonathan Church, Jeremiah Wilcox, John Partridge Bissell, Isaac Palmer, George Phelps, Samuel Quinby, and Moses Park. The court appointed George Tod, Esq., to prosecute the pleas of the United States for the present session, who took the oath of office. The court ordered that the private seal of the clerk shall be considered the seal of the county, and be affixed and recognized as such till a pubhc seal shall be procured. The court ap- pointed Amos Spafford, Esq., David Hudson, Esq., Simon Perkins, Esq., John Minor, Esq., Aaron Wheeler, Esq., Edward Payne, Esq., and Benjamin Davidson, Esq., a committee to divide the county of Trumbull into townships, to describe the limits, and boundaries of each township, and to make report to the court thereof" Under these instructions, the committee divided the county into eight townships, of which Cleveland was one, and the report was accepted and confirmed. Constables for the various townships were appointed, Stephen Gilbert and Lorenzo Carter being designated to serve in Cleveland; and after a variety of orders had been given upon minor matters by the court, it adjourned, — and local civil government in north-eastern Ohio was set going. The steps by which Cuyahoga county came into being, and her courts were established and commenced their long and honorable career, are related in full in the pages that follow. It needs no more than the various papers that follow to show that the Bench and Bar of Cleveland have held their own in honor and reputa- tion with those of any community of the West, and performed their part in making the history of Ohio for the three-quarters of a century past. Much has been said and much more might have been said, but all the details of history of a great body of men in a conspicuous profession are not to be gathered within even the ample space of a volume of this character. The publishers, the editors, and the writers have endeavored to cover the field as comprehensively as possible, and to present the saUent points of record, of incident, and of reminiscence, trusting that, in the plentitude of that which has been said, the forgotten or overlooked may be forgiven or condoned. THE LEGAL AND JUDICIAL HISTORY. THE LEGAL AND JUDICIAL HISTORY. F. T. WALLACE. There is an evolution of political institutions as there is of life on the earth, more manifest to us in our rapid westward development of states, counties and cities than is apparent in the rise and progress of those of ancient times. The legal and judicial his- tory of Cuyahoga county embraces two periods — the territorial and the constitutional. During territorial times, from the institution of civil government under the confedera- tion and the ordinance of 1787, at Marietta in 1788, to the state constitution of 1802, the specific territory now called Cuyahoga county was then unindicated, unnamed and unknown, except as constituting a fraction of the vast Territory of the North-west. The first territorial governor and judges, in whom was vested legislative power, on the 27th of July, 1788, created the county of Washington, with Marietta as the county seat, embracing the territory from the Ohio river to Lake Erie, with the Cuyahoga river and the Portage path as its western boundary, then including the eastern part of the present county. It is the first time the name of the river appears in territorial legisla- tion. There was an Indian trading post at the mouth of the Cuyahoga in 1791, but other- wise the whole region of the south shore of Lake Erie, and far into the interior, was but the habitation of the wild man, and the wilder beasts, of a dark and almost impenetrable forest. On the 15th of August of this year, the authorities of the North-west Territory created Wayne county, nominally embracing the whole tract from the Cuyahoga west- ward and northward beyond Detroit, which place they made the county seat. Thus, the county seats of Washington and Wayne were over three hundred miles apart, and the territory of the present Cuyahoga county was divided between the two jurisdictions by the river. However, as the Indians had primitive ways of setding disputes among themselves, prompt and effectual, unretarded by the law's delay, and having no suits in court, and never being called to serve as jurors in the white man's court, they never complained of the remoteness of county seats and judicial tribunals. In September, 1796, the "City of Cleaveland " was surveyed and mapped — a forest city, indeed. The following year AVashington county was divided, and the territory east l8 THE BENCH - AND BAR OF CLEVELAND. of the Cuyahoga was embraced in the new county of Jefferson, with Steubenville as t county seat. The last division by the territorial legislature in 1800 was in the creatu of Trumbull county, embracing the entire Western Reserve, including the Fire-lan and the opposite islands, with county seat at Warren. The state legislature subs quently, in 1807, created several counties out of the original Trumbull county territor among them Geauga, with Chardon as county seat, Cuyahoga county, with territo substantially as now, with Cleveland as the county seat, but it was left attached Geauga county for judicial purposes until its organization by due appointment officers, three years later, January 16, 18 10. The administration of law within what is now Cuyahoga county began m t infancy of the settlement of Cleveland, during the territorial period, when Governor i Clair appointed James Kingsbury, of Cleveland, a justice of the Court of Quart Sessions for the county of Trumbull, held at Warren. In addition to his attendan upon the regular session at the county seat, he dispensed whatever of local justice w necessary at home. The legends which have come down to us from the old pione( have secured for Judge Kingsbury's memory a reverential affection and regard arao the present generation. Born in Norwich, Connecticut, he emigrated with his fathi at the age of eighteen, to Alsted, New Hampshire, where he married a most estimal lady. Miss Eunice Waldo, received a mihtary commission, with the rank of colonel, frc the governor of New Hampshire, and in 1796, with his wife and three young childn a yoke of oxen, a horse and cow, and a few articles of household effects, comment the long and weary journey to the Western wilderness. He was the first pioneer of I Reserve unofficially, connected with the surveying party. The sickness and suffering the family, and the death and burial of their infant during their brief stay at Cbnnea before reaching Cleveland, are among the saddest stories of pioneer life.* The first lawyer who established himself in Cleveland, while yet Ohio was in territorial condition, in 1801, was Samuel Huntington. He wa.s a proiege ajid a.dop heir of his uncle and name-sake. Governor Samuel Huntington, of Connecticut, was an educated and accomplished gentleman, about thirty-five years of age, had tr eled in Europe and held correspondence in the French language. He had a wife j two sons. The same year he built a spacious block house on the high bluff overlook the river valley and lake, in the rear of the present American House, the am grounds of which fronted on Superior street. It was considered a baronial establ: ment among the half-dozen neighboring log cabins of the paper city. He had visit the previous year, a few settlements and had made the acquaintance of Governor St. C *See Whittlesey's " History of Cleveland," page 268, THE LEGAL AND JUDICIAL HISTORY. 1 9 at Chillicothe, and soon after his settlement in Cleveland, the goyernor appointed him lieutenant colonel of the Trumbull county mihtia, and in 1802 one of the justices of the Quorum, and priority was conceded to him on the bench of Quarter-Sessions. He was elected a delegate to the convention to form a state constitution in 1802. He was elected a senator for the then county of Trumbull, and on the meeting of the legislature at Chillicothe was made president of that body. He was appointed a judge of the Supreme Court in 1803, his commission, which was signed by Governor Tiffin, being the first issued under the authority of the State of Ohio. In 1807, Judge Huntington was elected governor, succeeding the first governor. Tiffin, who became a senator of the United States. Thus the legal and judicial history of our city and county had an hon- orable and auspicious beginning in the person of Samuel Huntington — the first lawyer, judge and governor of the state from among the pioneers of the last years of the eighteenth century, on the shores of Lake Erie. The second legal character of note who took up his abode in Cleveland was Stanley Griswold. He had been appointed from Connecticut secretary of the territory of Mich- igan in 1805, under Governor Hull, and collector of the port of Detroit. Having resigned his official trusts, he made his home within the township, near Doan's Corners. Mr. Tiffin resigned his seat in the United States senate, and Governor Huntington appointed him to fill the vacancy. It is among the remarkable circumstances of that early period that Cleveland had a judge of the Supreme Court, a governor, and a United States senator before it had a physician. There was, however, but little important legal civil business, and perhaps not more than two or three criminal cases to note, in which Mr. Huntington participated in the trial, either as lawyer or judge, during the pioneer period. The first murder of which there is any record was that of Menompsy, in 1802, a "medicine-man" of the Chippewa tribe, by Big Son, a Seneca. Big Son's squaw fell sick and he had employed the Chippewa doctor to attend her; but as she died, the dis- consolate husband, prompted thereto by superstition and whiskey, attributed her death to malpractice, and, instead of bringing suit for damages after the manner of the pale- face, plunged a knife into the heart of the red-skin doctor, and thus settled the doctor's bill for the squaw's "last sickness," and obtained satisfaction for her loss. As the west side of the river was the camp and territory of the Indians, remnants of several tribes, excited by the murder of the medicine-man, and fearful lest they might take vengeance on the few white settlers on the east side, efforts were made, and through the influence of Mr. Huntington and others succeeded, by which they were induced to withdraw to Rocky River, to hold their pow-wow over the dead, and to deal with the murderer according to the principles of Indian retaliatory justice. There occurred in 1807 a double tragedy which portended an Indian war of exter- 20 THE BENCH AND BAR OF CLEVELAND. mination of the few white settlers. An Indian called John Mohawk killed a white ma: named Daniel Diver. Two of Diver's friends, named Darrow and Williams, detei mined to avenge the murder. Finding a Seneca Indian named Nicksaw in the woods and either believing him to be the murderer, or not caring whether he was or not, with out a word of warning, they shot him in his tracks and left him in the snow. It wa soon ascertained that it was not Nicksaw, but John Mohawk who had killed Diver Then the whites in the several setdements were anxious that Mohawk should b^ demanded from the Indians and punished for his crime. At the same time it was sug gested by some of the leading men that equal and exact justice required that Darrov and WilHams should be arrested and punished for the killing of Nicksaw. Their friend and neighbors bitterly opposed this, and threatened death to any officer who shouk attempt to arrest them. The surrounding country was gready excited, while the fev inhabitants of Cleveland watched the movements of the Indians across the river, anc were anxious above all else to keep the peace with a dangerous enemy that far out numbered them. Stigwanish, or Seneca, as he was commonly called, chief of the lead ing tribe of that name, held audience with Judge Huntington, — said he was not conten to see all the power of the whites used to inflict punishment on John Mohawk, while the] were indifferent regarding the murder of an innocent Indian. He wanted justice foi both sides. He offered to deliver up Mohawk when the slayers of Nicksaw were secured. He said he did not want war, but did want justice. The result of the whole excitement was that neither party obtained justice. Mohawk was not given up by the Indians and the murderers of Nicksaw were not punished by the whites. Seneca was a remarkable specimen of the wild man of the forest. His fame has come down to us through three generations. He was characterized by General Paine, the founder ol Painesville, as having the honesty of Aristides, the dignity of a Roman senator and the benevolence of WilHam Penn. Unhke the average Indian, he never asked for a gift, and when one was voluntarily made to him he always returned it by another of equal value. He was killed in Holmes county, in 1816, by a white man. Mr. Huntington participated very early in the trial of McMahon, at Youngstown, charged with the murder of an Indian named Spotted George, at Salt Springs, but it does not appear in history whether for the prosecution or the defense. After having served one term as chief magistrate of the state. Governor Huntington retired to his farm near Painesville, where he resided until his death. COMMON PLEAS COURT. Cuyahoga county began its independent existence in May, 1810, by holding its first term of court. Hon. Benjamin Ruggles was presiding judge of the Court oi Common Pleas; Nathan Perry, Sr., A. Gilbert and Timothy Doan, associate judges ; THE LEGAL AND JUDICIAL HISTORY. 2 1 John Walworth, clerk; and Smith S. Baldwin, sheriff. At this time, Huron county, which was still unorganized, was attached to Cuyahoga county for judicial purposes. The first court was held at the newly erected store of Elias and Harvey Murray, just finished but unoccupied, standing where the former Atwater block stood, now the entrance to the viaduct. One indictment was presented for petit larceny, several for selling whiskey to Indians, and others for selling foreign goods without license. The Court of Common Pleas for Cuyahoga county began a session June, 1810, when the population of Cleveland was only 57. Hon. Benjamin Ruggles was presi- dent of the court. The business of the term embraced the consideration of five civil suits and three criminal prosecutions. Thomas D. Webb is recorded as the attorney who filed the first praecipe for a summons, being the suit of Daniel Humason against WiUiam Austin — action, trespass on the case for eleven hundred white fish of the value of $70, which came into the hands of. the defendant by " finding,'' but who refused to give them up on demand, and converted them to his own use. Alfred Kelley appeared for the defendant, denied the force and injury, &c., the plaintiff joined issue and "put himself on the country." At the next term the defendant appeared by his attorney, ' ' and the plaintiff being solemnly demanded to come into court and prosecute his suit, but came not. Whereupon the court considered that sd. Daniel take nothing by his bill, but that he be amerced, and that sd. William go without delay, and have execution for his costs and charges by him laid out about his defense, of $9.55." Alfred Kelley appears in the second case on the docket on behalf of Ralph M. Pomeroy vs. James Leach. Suit on a note of hand dated October 27, 1808, "at Black Rock, to-wit, at Cleveland," for $80, and in another sum of $150. This case was continued one term and then discontinued by settlement. And now, in the third case, the famous old pioneer, Rodolphus Edwards, was chosen defendant in the suit of one John S. Reede. It was an appealed case from Justice Erasmus Miles' court, by the plaintiff, the justice having decided that the plaintiff had no case against Edwards. The plaintiff failed to prosecute his appeal, and the old pioneer was decreed to "go " with judgment for his costs, $8. 54. R. B. Parkman was defendant's attorney. The fourth case was an action of ejectment for a farm in Euclid, in which Alfred Kelley appeared for the heirs of Aaron Olmstead, of East Hartford, Conn., vs. Richard Fen, and James Lewis, the tenant. Samuel W. Phelps, attorney for defendants. After one continuance the case was settled. The history of criminal jurisprudence opened at the November term, 18 10, by the presentation by the grand jury of the first ' ' true bill " of indictment, the State of Ohio against Daniel Miner. "Daniel," as the jurors on their oath declare, "not having obtained such hcense or permit as the law directs to keep a tavern, or to sell, barter or 2 2 THE BENCH AND BAR OF CLEVELAND. deliver, for money or other article of value, any wine, rum, brandy, whiskey, spir strong drink by less quantity than one quart, did, with intent to defraud the rev of the county, on the 25th of October last past, sell, barter and dehver at C land aforesaid, wine, rum, brandy, whiskey and spirits by less quantity than one q to-wit, one gill of whiskey, for the sum of six cents in money, contrary to the sta &c." Being arraigned, he pleaded guilty, and "put himself upon the mercy of court," whose mercy was not strained, but was shed upon him like the gentle de a fine of twenty cents. But Daniel was not yet out of the lion's den, for there another prosecution against him, in which he was charged with like intent to del the county, not having first obtained a license to keep a ferry, did, on the same di the former offense, diverse men and horses, with force and arms, ferry over R River, contrary to the statute and against the peace and dignity of the state, again pleaded guilty and once more craved the mercy of the court, but judicial merc> grace had been exhausted in the former case. The heart of the court was hardenec a fine of $5 was imposed, supplemented by a much larger bill of costs. Another instance of the negligence of merchants, traders and other enterpr men, in the matter of observing statutory requirements, may be found in the first juc record of the county, wherein Alfred Kelley appears for the first time as proseci attorney for the county to maintain an indictment against Ambrose Hecox, cha with seUing " one-half yard of cotton cambric, six yards of Indian cotton cloth, one pound Hyson skin tea, without license, contrary to the statute law regulating fe] taverns, stores, &c." The profits and capital involved in this harmless transaction more than wiped out by a fine of one dollar, and six dollars and thirty cents costs. \ of these statutory misdemeanors were doubtless the result of ignorance of the law, as C cothe, where statutes were manufactured, was far away and Cleveland had no newsf then, with correspondents at the state capital to warn the citizens of legislative e ments, nor were the printed laws distributed as in modern times. Besides, what g- ous merchant of the future city could hesitate for a moment to sell cambric enoug a handkerchief and a half pound of tea to one of the pioneer ladies of the vil only just a litde in advance of taking out a license ? The first jury empaneled for the trial of a civil suit was at the June term, i Frederick Falley vs. Philo Taylor, for damages for selling eight barrels damaged a fish. Alfred Kelley, attorney for the plaintiff, and Samuel W. Phelps for defem The jurors were James Root, Robert Carr, Luther Dille, William Austin, Mason C Christopher Gunn, James Jackson, Dyer Shuman, Simon Smith, Daniel Kel James Worden, John Brooks. Verdict, $19. At the same term Erastus Miles was prosecuted for selling liquor to " di' THE LEGAL AND JUDICIAL HISTORY. 23 Indians." He pleaded guilty and like his predecessors implored the mercy of the court, which was shed upon him to the extent of $5 for the benefit of the county — and costs. During the early terms of court, prosecutions were largely for keeping tavern and selling liquor without license. Many such offenses were committed at Huron, while that part of the territory was attached to Cuyahoga county for judicial purposes. Thomas Mcllrath, of Euclid, was prosecuted in 181 1 for violation of the license law for selling one quart of whiskey for three raccoon skins. He pleaded not guilty and put himself on the country, but the "country" said he was guilty. Exceptions were taken to the indictment, but were overruled and a fine of $5 was imposed. At a term of court during the exciting period incident to the war of 1812, John S. Reede and Banks Finch engaged in a personal encounter denominated a ' ' fight and box at fisticuffs," for which they were indicted. How realistic but unscientific such affairs were in the primeval forests of northern Ohio in those early days, compared with the exercise of the manly art in modern times, may be inferred when we read that ' ' the jurors upon their oaths present that John S. Reede, of Black River, and Banks Finch, of Huron township, in said county, on the first day of February, 181 2, with force and arms, in the peace of God and the state, then and there being, did, then and there with each other agree, and in and upon each other did, then and there assault and with each other did then and there willfully fight and box at fisticuffs, and each other did then and there strike, kick, cuff, bite, bruise, wound and ill-treat, against the statute and the peace and dignity of the State of Ohio." Such disturbance of the peace of God and the state — such kicking and cuffing — such biting and bruising — such unscien- tific and unartistic work — above all, such violation of the Marquis of Queensbury Rules, called for exemplary punishment, and the sporting citizens of Black River and Huron were made to smart under a fine of three dollars each, and costs. Amos Spafford, a pioneer citizen, who resurveyed the paper city and was elected a representative in 1809, subsequently moved to Huron, and was arrested and held to bail there for his appearance at the June term, 1812, at the suit of Elisha Alvord for $100 house rent. At the March term, 1814, our late venerable and honored citizen, Levi Johnson, was plaintiff in action against William W. Williams, appealed by the defend- ant from a judgment of George Wallace, a justice of the peace, for enticing away an apprentice, (the defendant's son), bound to the plaintiff to learn the "art and mystery of the carpenter's trade," and to serve until he should become twenty-one years of age. But as soon as the young apprentice became sufficiently skilled in the profound mysteries and secrets of the art of building barns and board fences in the artistic style of that period, he was enticed away by his father, as the plaintiff alleged. Alfred Kelley appeared for the plaintiff and Peter Hitchcock for the defendant, but the case was 24 THE BENCH AND BAR OF CLEVELAND. settled and the famous lawyers did not lock horns. Sometime thereafter the same Jus Wallace was charged with an assault on one Robert Bennet, "in the peace of God the state then and there being "—verdict, not guilty. But Cyrus Prentiss, bemg mdic for assaulting the same person, pleaded guilty and was fined $3. The record of four years, from May, 1810 to May, 1814, embraces one hund and nine civil suits, the greater number being petitions for partition of lands, and f erally of non-resident heirs, mostly living in Connecticut. During the troubled tn incident to the war of 1812 and the surrender of Hull at Detroit, the courts were gotten — only seven cases were tried at the November term, five at the March term, iS and four at the June term. There seem to have been no criminal prosecutions dui the war period. The only lawyers who appear of record during the first four ye comprise the names of Thomas D. Webb, Alfred Kelley, first settled and prosecut attorney, Robert B. Parkman, Samuel W. Phelps, Peter Hitchcock, John S. Edwai and D. Redick. At the October term, 1814, Elihu Spencer appeared for Henry Champion, of C necticut, against Daniel Bronson, in an action on a note of hand. John S. Edwards ' attorney for the defendant. The issues were submitted to a jury, who rendered a ven for $800, the largest at that time ever rendered in the county. At this same term court, one Daniel Robertson, of Huron, was indicted, tried, and convicted of steal four barrels of salt, of the value of $20 each, with the barrels, — in the whole $80 — goods of one Abner Shirley, and was sentenced to be " taken to the public whippi post in Cleveland, and that he be whipped fifteen stripes on the naked back, and imprisoned in jail ten days and pay a fine of one hundred dollars." A careful examination of the files discloses every paper in the proceeding exc the mittimus and the sheriff's return of the execution of the sentence. Posterit) therefore, left in the dark concerning the post and the fifteen stripes. There is minute on the docket indicating that the sheriff made a return. Otherwise the rec is full and complete. An inquiry of some of the few remaining old citizens, wh memory runs back at least to i8r2, shows they have no knowledge upon the subji In fact, no one personally knows or ever heard of such a public penal institution, o such a judicial sentence. But for the judicial record, the ancient colonial institui would have had no "standing" in court. It does not seem to have developed into dignity of a fascinating legend or the gravity of a classic myth. It is possible, howev that some forehanded individual, whose remote ancestors delighted in whipping-posts witches, who had made his fortune as a sutler in the then late war, erected a "po somewhere near the log court house in the Public Square, and donated it to the pub as elaborate and artistic drinking fountains are erected and donated in modern times THE I.KCAI, AND JUntClAI, HISTOKY. 25 benevolent millionaires, whom the public thanks and blesses, but never partakes of the beverage. The Hon. George Tod was president of the court at the October term of 1815, when Calvin Pease, Ehsha Whittlesey and Leonard Case for the first time appear as attorneys of record. \Miile the war fever rages the angry passions are aroused, and the unbridled tongues of individuals are wont to be ghb — hence at the December term, 1812, the first civil suit for slander, Reede vs. Benton, was docketed. Hitchcock and Phelps were the lawyers. It was a triumph for the defendant. Then the atmosphere was clear of slan- derous words for five years, and until in an evil hour in 1817, one Daniel O. Hoyt was invited to respond in damages to one Belinda Tod, for making, as she alleged, ungentle- manly and slanderous remarks of and concerning her. The defendant, however, took honorable measures to disabuse her mind of the supposed "wrong and injury," and heal her wounded spirit, and she withdrew her suit and paid the costs, $1.50. Indict- ments for assault were quite numerous for two or three years just prior to 1820, which were vigorously conducted by the official prosecutor, Kelley. For twenty years from the foundation of the city, marital relations seem to have been most affectionate and happy. It was not until 1816 that the discovery was made that marriage was a failure. Then it was for the first time in the history of the county that one Peleg Brown found his life miserable in the possession of his wife Anna. Happily, domestic differences were adjusted and the case dismissed; thus making, instead of marriage, the first divorce proceedings a "failure." Notwithstanding the outcome of this case, it nevertheless established an alarming precedent. It set the fashion for many unhappy households, and within a short time there were more than a dozen Hke proceedings entered on the court docket, all of which, however, came to naught, mostly by dismissal by the petitioning party. In a few in- stances there was a trial, but the allegations were "not proved." In 1821 the petition of one Sophronia White against her husband Harvey was sustained, the prayer granted, with $200 alimony, and the custody of their infant child, "two years old last spring." From 1820 to 1835 there were some thirty divorce petitions filed, but decrees of sepa- ration were very few. The fifing of the petition, bristhng with serious charges against husband or wife, often had the effect of awakening the parties to a sense of their per- sonal humiliation no less than their public shame, when they would mutually adjust their differences, renew their marital vows, dismiss the case, continue the partnership and carry on business as usual at the old stand. Under the early judicial system, there was an annual session of the Supreme Court in the several counties, and the first session in Cuyahoga was in August, 1810, when 26 'i'HE BENCH AND BAR OF CLEVELAND. Wm. W. Irwin and Ethan A. Brown produced their commissions and organize court, appointing John Walworth their clerk. At this term, Alfred Kelley was adr to practice in the supreme and county courts, being the first attorney in the cou: take the oath to support the constitution. The county was pre-eminently honoi its first practicing lawyer. The first, and for ten years or more, the prosecuting ney, the leading practitioner in the common law courts for a much longer period, tending with the increasing legal talent of the county and meeting in intellectual cc with distinguished lawyers of the state, he won as an able and honorable lawyer i viable eminence. But his place in the history of the county and state, and i memory of men, is that of a financier and a master mind in the execution of public enterprises. He was to the State of Ohio what his contemporary, Dewitt ton, was to New York, and what, in later times, DeLesseps was to the commercial n; in the world-renowned enterprise at the isthmus of Suez. There is a constant reminder of the memory of Judge Samuel Cowles, a parti Mr. Kelley, in the stately mansion erected by him on Euchd avenue in 1833, no Ursuline Convent, to which in later years have been added the beautiful crescent-fc colonnades, not unhke St. Peter's at Rome. He was a graduate of Williams Co admitted to the bar of Hartford county, Connecticut, where he practiced some f years, when in 1820 he came to Cleveland. He was first a partner of Alfred K and afterwards with his late student, S. J. Andrews. John W. Allen was a stude Mr. Cowles in 1825. Mr. Cowles was appointed Judge of the Court of Common in 1837, and died in office in 1837. In 1819, J. S. Couch was the presiding judge, and Reuben Wood first appeal attorney in a case. For nearly fifty years, and down to within the memory of the ent generation, the tall form and genial spirit of Reuben Wood was recognizee revered throughout the state, having in his long and useful life been publicly hon first, in 1825, as state senator, re-elected in 1827, elected presiding judge of the Judicial Circuit in 1830, and in 1833 elected a judge of the Supreme Court, re-e] in 1 841 ; the last three years on the bench he was chief justice of the state. In he was elected governor of the state, and re-elected in 1851. He resigned the of governor in 1853 upon his appointment of consul to Valparaiso, South Am also serving for a time as minister to Chili. He died in 1864. In 1820, Calvin Pease was presiding judge, followed in 1821 by John McLean, wards a judge of the Supreme Court of the United States. In 1822, Judge Pease' held the term, followed by Judge Burnet in 1823, when \\-oolsey Wells was admit an attorney. Peter Hitchcock appeared as presiding judge for the first time in Wm. McConnell, Harvey Rice, John W. Allen and Sherlock J. Andrews were adr THE LEGAL AND JUDICIAL HISTORY. 2) to the bar at the same term in 1826; Mr. Andrews on a certificate from the full bench of judges of the Supreme Court at Columbus, which bore the signatures of Calvin Pease, Peter Hitchcock, J. Burnet and C. R. Sherman. Of these three young and accomphshed gentlemen, the venerable Harvey Rice, now (1889) in his eighty-ninth year, is the sole survivor. A scholarly gendeman, a graduate of Williams College, Massachusetts, he early formed a partnership with his friend and relative, Reuben Wood, and for some ten years was devoted to the business of the firm, it being the second legal partnership in the county (Kelley & Cowles was the first), and Kelley & Sterling the third, and until 1835, when he was appointed clerk of the county courts, holding the position for seven years. In 1830, he was elected a representative in the legislature, and in 1851 a state senator. He is recognized as the father of the common school law, which has given educational fame to the state, and which has been copied and adopted by several other states. He is likewise the author of several volumes of history, poetry, and many admirable monographs of general literature. Mr. Allen early became a marked public man. He was imbued with the spirit of enterprise, and was a leading mind in the promotion of all the great railroad undertak- ings which had the city as an objective point, in the early days of the system that super- seded the old stage lines. He was a member of Congress prior to 1840, mayor of the city in 1841, and postmaster of Cleveland in 1872. He died in 1887. The professional life of Sherlock J. Andrews embraced fifty-four years; associated first with Samuel Cowles, then as Andrews, Foot & Hoyt. He was in active advo- cacy at the bar from the term of his admission to the year of his death (1880), hardly excepting a term in Congress from 1840, and the membership of two conventions to revise the constitution, 1849-1873, and only excepting the five years from 1848 to 1853, when he was judge of the Superior Court of Cleveland. Of all the eminent and hon- ored members of the legal profession that have come and departed since the organization of the county, the memory of Judge Andrews is doubtless the most vivid among the members of the bar, even unto this day. Although nearly ten years have elapsed since his death, it seems but as yesterday, when with dignity and grace he stood before court or jury, delighting all around him by the logic of his argument, spiced with the aroma of his humor or made pungent with a few grains of healthy sarcasm. John W. Willey first appears on the records of the court as an attorney in 1827. He was an eminent lawyer for many years, and his memory has been held in reverential regard for more than a generation. He was early a judge of the Circuit Court, and the first mayor of Cleveland, serving through the years 1836 and 1837. In 1830, George Hoadly was admitted an attorney. Mr. Hoadly early became 28 THE BENCH AND BAR OF CLEVELAND. and for many years was the favorite magistrate for the trial of civil suits, gentleman truly "learned in the law." He possessed a choice legal library, was fair with its contents, and could help a lawyer to a "precedent" at a moment's notice, often instanter, giving volume and page from memory. He was an im]3artiai ju g eminent citizen and an honorable man. The year 1831 scored the accession to the bar of but one single attorney, in person of Austin C. Penfield. In the cholera year of 1832, Ebenezer Lane and J C. Wright, supreme judges, held the term; but littie business was transacted, and it evidently not a healthy season for candidates for the bar, as none appear to have 1 admitted that year. But in 1833 things took a more cheerful and hopeful turn, Wm. R. Sapp and John A. Foot came to the bar. Soon thereafter the legal firn Andrews, Foot & Hoyt came into being, which continued some twenty years. Foot still survives (1889), having lived in peaceful and happy retirement for a full eration. His has been an honorable life, and he "has done the state some service.' Up to 183s, 'he Cuyahoga bar could not be deemed a multitude as in later ye but there were doubtless an abundant number of the legal profession to meet the ne sities of a sparsely populated county and an infant city. This year the term of Supreme Court opened with Joshua Collet and Reuben Wood on the bench. Hai Rice was appointed clerk, being also at the time clerk of the Common Pleas. The re( of the court gives evidence of a remarkable legal revival, when many were "called Ezra C. Seaman, Phillip" Battell, Lucius Royce, Heman Burch, Geo. W. Lynde, Fl; W. Bingham, Seth J. Kurd, Albert A. Bliss, S. W. Cockran, Elijah Bingham, J Barr, Thomas Bolton and Hezekiah S. Hosmer. The next term Simeon Ford, I Sterling, C. L. Russell, Orson St. John, H. M. Hanes and Alex. N. McGuffey v admitted within the legal fold. George W. Lynde and George A. Benedict were the first masters in chancery, pointed in 1838. Samuel WilKamson came to the bar in 1833, was a partner with Leonard Case s< three or four years and until he was elected county auditor, holding the office e years. Returning to practice, he subsequently formed a partnership with Albert Riddle, was prosecuting attorney for a term, and afterwards state senator. When Riddle was elected to Congress, in i860, the partnership ceased, and during the rem der of his useful and honorable life he served as president of the Society for Savii Mr. Riddle was a brilliant advocate, and was also prosecuting attorney of the cov for one or two terms. At the close of his congressional term he took up his reside in Washington, where he has often been retained as leading counsel for the governn in important cases, both civil and criminal. He is, moreover, the author of several THE LEGAL AND JUDICIAL HISTORY. 29 umes illustrative of Western history, and many monographs and addresses of more than ordinary interest. The ultimate fate of all the members of that large class of candidates and hopeful young gentlemen who, according to the harmless fiction of the English Inns of Court, were "called to the bar" in 1835, 's not now conveniently ascertainable. Philip Battell, it is beheved, settled at Middlebury, Vermont; George W. Lynde was a familiar figure at the bar here until his recent death at an advanced age ; Flavel W. Bingham became the first judge of probate under the new constitution, and died in the service of the government during the civil war; John Barr remained here and was judge of the Pohce Court in 1854, and county clerk in 1855. Hezekiah S. Hosmer settled in Toledo, where he was a lawyer and editor of good repute for many years, besides being an author, and the first chief justice of Montana. Thomas Bolton formed a partnership with Moses Kelley, a grave and sedate gentleman and a learned chancery lawyer, and ultimately became a judge of the Court of Common Pleas, and Mr. Kelley was early elected to the legislature, and in 1866 was United States district attorney for the northern district of Ohio. Samuel Starkweather was at the bar as early as 1828. He was collector of customs of the port of Cleveland under the administration of President Van Buren; was elected the first judge of the Court of Common Pleas for Cuyahoga county under the new con- stitution of 1851, for the term of five years. In 1856, he was elected for two years mayor of Cleveland. Judge Starkweather was distinguished for his admirable social qualities, no less than for his brilliant and graceful oratorical accomplishments, which won for him the friendly and appreciative soubriquet of ' ' the silver-tongued. " Horace Foote came here from Connecticut about 1836, and established himself in the then Ohio City, where he resided for many years, and until some time after the union of the two cities, when he was elected judge of the Court of Common Pleas under the act of March 11, 1853, and made his new home on Euclid avenue. He held the judicial office for twenty years. He was a technical lawyer of great industry, wholly devoted to his profession, tenacious and persevering in the interest of his client. As a judge he had the confidence of the bar and the community for his legal learning, honesty and judicial impartiality, but was at times dreaded rather than loved by the younger members of the bar for his constitutional severity of manner. Henry B. Payne, a graduate of Hamilton College, and a law student of John C. Spencer, of Canandaigua, New York, became a lawyer in Cleveland in 1834, and soon thereafter formed a partnership with his early friend, Hiram V. Willson, who had a little earlier settled at Painesville, but removed to Cleveland. Their professional association continued some twelve years, when Mr. Payne was necessitated to retire from practice on 3° THE BENCH AND BAR OF CLEVELAND. account of failure of health, accompanied with hemorrhage of the lungs, ^^^^ ^^ ^ constant and crushing mental and physical professional labor. It is rep ^ ^^^^ Payne that as a lawyer he was distinguished for quickness of perception, ^^^^ ^^^^^ intuitive conception of the principles of the law involved, and a wonder u con^^ ^ sion of all the surrounding circumstances and the testimony in the case o" " ■ . , K,,(- wns 3 close student ai did not, however, trust alone to his own mherent powers, but was a thoroughly prepared his cases. Being thus doubly armed, and gifted, moreover wit Gladstonian facihty of speech, logic, humor, and an available reservoir of often m ful sarcastic severity, he ranked high as an advocate, was always a desirable associa counsel, and a formidable opponent. He was a state senator in 1849, a representati in Congress in 1875, and a senator of the United States for six years from March 1885. The firm of Willson, Wade & Wade succeeded on the retirement of Mr. Payn and continued until 1854, when Edward Wade was elected to Congress, immediate following which Mr. Willson became judge of the United States District Court for t Northern District of Ohio. Robert F. Paine and James Wade succeeded to the clientage of the two prior fin and continued until 1869, when Mr. Paine was elected to the Common Pleas bene He had been a member of the legislature as early as 1844, and prosecuting attorney Portage county in 1846. He came to Cleveland in 1848, and the following year w appointed clerk of the Court of Common Pleas, holding the office until the adoption the new constitution of 185 1. In 186 1, Mr. Paine was appointed United States distr attorney for the northern district of Ohio, holding the office four years. Judge Pai was no ordinary man. The hardships and vicissitudes of early hfe did not chill t genial currents of his soul. He was pleasant, humane and honorable, and won distil tion alike at the bar and on the bench. There is an incident in the judicial life of Judge Paine singularly remarkable, if 1 a prophetic foreshadowing of a coming event: Judge Paine's charge to the jury in 1 celebrated case of the State 71^-. Gallantine, for the shooting of Dr. Jones, in which 1 plea of insanity was set up to the indictment for murder. The charge having been p- lished in full, it was commented on editorially and by the profession with approval, s among many complimentary and congratulatory notes received by the Judge was c from James A. Garfield, February 6, 187 1, in which are found the following signific words : ' ' The whole country owes you a debt of gratitude for brushing away the wicl absurdity which has lately been palmed off on the country as law, on the subject insanity. If the thing had gone much further all that a man would need to sec immunity from murder would be to tear his hair and rave a little, and then kill his ma THE LEGAL AND JUDICIAL HISTORY. 3 1 Just ten years later the thoughts above expressed were literally illustrated in the murder of President Garfield himself. Thomas Bolton, a native of Cayuga county, New York, and a graduate of Harvard University, admitted in 1835, loi''g ^ practitioner at the bar in partnership with Moses Kelley, a native of the same state and a graduate of the same university, was elected judge of the Court of Common Pleas in 1856, and by re-election served upon the bench for ten years. He had in early years served a term as prosecuting attorney, and his partner, Mr. Kelley, had been elected to the legislature. Jesse P. Bishop was a native of Vermont, but graduated at the Western Reserve College at Hudson, a partner with FrankUn T. Backus for fifteen years, and until 1856^ when he was elected judge of the Court of Common Pleas, holding the office five years. Mr. Backus had been admitted to the bar from the office of Bolton & Kelley in 1839. He was a good lawyer and an honorable man. He was twice nominated for judge of the Supreme Court of the state, but in the unfortunate years of his party's defeat. On the retirement of Mr. Bishop the firm of Ranney, Backus & Noble was con- stituted. Samuel B. Prentiss came to Cleveland in 1840, and was the head of the legal firm of Prentiss, Prentiss & Newton for many years, and until 1862, when he was elected judge of the Court of Common Pleas, and by subsequent re-elections held the court for fifteen years. F. J. Prentiss became county clerk and John T. Newton removed to Toledo. Judge Prentiss was a technical lawyer of the old school of pleading and prac- tice, but readily adapted himself to the new code of civil procedure, which took effect July I, 1853. He was learned in the law, amiable upon the bench, and patient in spirit. His legal and judicial characteristics were suggestive of an inheritance from his eminent father, who was early famed as the most learned lawyer in Vermont, a senator of the United States, and for many years judge of the United States District Court of that state. James M. Cofifinberry came to Cleveland from Hancock county, where he had been some ten years in legal practice, in 1855. He had been for a term prosecuting attorney for Lucas county prior to 1845. In 1861 he was elected judge of the Court of Common Pleas of Cuyahoga County, and served the full term of five years to the public satisfac- tion. It is among the judicial legends that no decision of his has ever been reversed on review by higher courts. Judge Cofifinberry's opportunity for judicial distinction culmi- nated in his last year upon the bench, in his charge to the jury on the trial of Dr. Hughes for the murder of Tamzen Parsons, of Bedford, which took place December, 1865. It was publicly regarded as one of the ablest ever delivered in a capital case in the county. Rufus P. Spalding, born on the island of Martha's Vineyard, graduated at Yale in THE IIF.NCH AND I'-AR OF CLKVK..ANI.. 32 r-u- e T„=H'f-p 7enhania Swift, of Connecticut, had 1817; a law student of the famous Chief Justice /.epnania := , ,• - ■ „f tv,^ har in the legislature of which he was thirty years of eminence and distinction at the bar, in tne legis , , „ ^ f-r^,,rt nf the State before he came to Cleveland speaker, and as judge of the Supreme Court ol tne state, uc 1 • ■^^■. V„-hnrr\ C Parsons As a matter of course he in 1852, and formed a partnership with Kicliara U. rarsous. became at once a leader at the bar. In 1862, at the age of sixty-two years, he was elected to Congress, where he served six years, in the troubled period of the rebelhon and re-construction, with ability and public distinction. He had a marked individuality, which gave him prestige and made him a natural leader among the highest types of men in every position to which he was called. He had accomplishments other than legal, oratorical and judicial, being a terse and graceful writer; he had besides tho.se qualities of mind and spirit which would have distinguished him among the diplomats of Euro- I)ean courts. Members of the bar of the younger generation are doubdess hardly aware of that highly finished eulogy which he pronounced in January, 1847, before the two houses of the legislature, on the life and character of General Thomas Hamer, who died while attached to the army in Mexico; or of that later speech which awoke responsive echoes like the pibroch in the Highlands, when he was commissioned by our citizens to meet Kossuth over the border and welcome him to Ohio, when he assured the distin- guished Hungarian patriot not only of sympathy and material aid, but declared that if men were needed in the patriots' cause — ' ' The rushes and the willow wand ^Vould bristle into axe and brand. And every tuft of broom give life To plaided warrior armed for strife." The law firm ceased during Judge Spalding's congressional service, and Mr. Parsons was elected to Congress in 1873. ^'^^- Parsons had very early been a member of the legislature and speaker of the House, United States Consul to Brazil, and marshal of the Supreme Court of the United States. Personal allusions herein are of necessity mainly touching lawyers and judges per- taining to the early history of the bar and bench rather than to its later personality. Running, however, over the pages of judicial records, we find the name of one who was admitted to the bar in 1839, who has now for just fifty years stood before more courts and juries than any other member of the bar now in practice, and though still in harness is the sole survivor of all practitioners admitted before him. Two only of all that goodly company of legal patriarchs— the venerable octogenarians, Harvey Rice and John A, Foot— who were admitted before him, still live. He is the last primeval oak in the legal forest, the rest being second growth and sajjlings. He has survived the lightnings of many Summers and the blasts of many Winters, and is still erect and unim- paired, while all his early contemporaries have fallen. Samuel E. Adams has no prede- THE LEGAL AND JUDICIAL HISTORY. 33 cessor now in practice. He is the last in the line of practicing lawyers admitted prior to 1840. While he has rejoiced in many legal triumphs and sorrowed for his clients over occasional defeats, Time's effacing fingers have passed lightly over his cheerful counte- nance. His eye is not dimmed, nor his natural force abated, and as friend after friend departs in the course of nature, history, science, and philosophy become more and more his mental comforters and social companions. Rufus P. Ranney had won distinction at the bar in several counties of the Reserve, had been a leading judicial mind in the constitutional convention of 1850, was once appointed judge of the Supreme Court to fill a vacancy, and once elected to the same high position, before he came to Cleveland, in 1856. In 1862, while associated with Backus & Noble, he dechned the candidacy for the supreme bench, but was neverthe- less placed on the ticket of his party and elected. He reluctantly obeyed the call, but only for a brief season, when he resigned and returned to professional hfe and its more generous rewards. Judge Ranney for many years has been regarded as the Nestor of the legal profession in the state. His legal and judicial status may, with propriety, be likened unto that of the late departed worthies of the law in sister states — Jeremiah Black, Charles O'Connor and Benjamin R. Curtiss. Stevenson Burke has had an eminently successful professional life. Long a practi- tioner at the bar and a judge of the Court of Common Pleas in an adjoining county, to which office he was twice elected, first in 1861, and again in 1866, but resigning in 1869, he came to Cleveland and formed a partnership with F. T. Backus and E. J. Estep. Mr. Backus dying in 1870, the firm became Estep & Burke, and continued till 1875, when Judge Burke remained alone until the firm of Burke, Ingersoll & Sanders was constituted, which continued until 1887, when Mr. Sanders was appointed judge of the Court of Common Pleas, and the firm continued as Burke & Ingersoll. Judge Ingersoll had previously served on the same bench. Judge Burke has ever been an earnest, energetic and devoted lawyer to the interest of his clients. Armed and equipped with all the law of his case, and possessed, more- over, of the happy faculty of presenting an argument to court or jury, he never dark- ened counsel with words without knowledge, but always made his legal propositions manifest and his utterances understood. Gigantic railroad enterprises of three decades have, in these later years, culminated in litigation involving millions, in which Judge Burke has participated with ability and success. He has often met in such conflicts legal talent of the highest order of many states, and it is said of him that he is never more happy in the trial of a cause than when he is called upon to cross swords with an array of foemen worthy of his steel. He is then an Ajax defying the lightning. More than thirty years ago David K, Cartter came to Cleveland from the interior THE HF.NCH AND BAR OF CLEVELAND. 34 of the state, where he had practiced law for several years and had been elected to Con- gress. A politician rather than a learned lawyer, deficient in culture, rough in personal exterior and professional manners, and often indeHcate in his verbal expressions, yet he was far from being deficient in mental resources, and had his due share of influence with a jury. He was appointed, early in the administration of President Lincoln, judge of the Supreme Court of the District of Columbia, which ofiSce he held a quarter of a century and until his death in 1887. From time to time, since the adoption of the new constitution, the legislature has provided for an increase of the judicial force of the county necessarily incident to its rapid growth in population and the augmentation of its commercial, manufacturing and business enterprises, especially in the last two decades, in which the county and city have advanced to their present magnificent proportions. The thermometer which marks the rise and progress of commercial and business centers is the judicial docket which indicates by figures the number of causes filed for adjudication. The highest and most important — the real legitimate business of the legal profession — is but the natural result and evidence of the advancement of an active and prosperous business community. Hence the necessity which has called to the bench of the Court of Common Pleas of the county, within the last two decades, an additional force equal to the present full com- plement of six judges. In addition to the judges heretofore mentioned, the following named gentlemen have each in succession occupied the bench of the Court of Common Pleas for one or more judicial terms : Darius Cadwell, G. M. Barber, James M. Jones, J. H. McMath, E. T. Hamilton, S. E. Williamson, Henry McKinney, J. E. Ingersoll, E. J. Blandin, John W. Heisley, A. W. Lamson, C. M. Stone, C. W. Noble, W. B. Sanders, Geo. B. Solders. The following judges constitute the court for 1889 : Stone, Hamilton, Noble, Lamson, Sanders and Solders. A second experiment of a Superior Court of Cleveland was authorized by law in 1873, and was equipped with a force of three judges, who held the first session thereof in September of that year, and its last term in June, 1875, when the law was repealed, and the Court of Common Pleas was made administrator de bonis non of the unadjudicated cases. The Cuyahoga bar never having imposed a prohibitory or even protective tariff on imported legal talent, but on the contrary having adopted intellectual free trade, not however with a view to cheapen domestic professional labor by foreign competition, but that the public might have the best the market afforded, the result has been eminently to the advantage of the people in the acquisition to the bar from time to time of improved blooded stock, and an excellent quality of professional wares. Among the THE LEGAL AND JUDICIAL HISTORY. 35 earlier invoices may be noted W. S. C. Otis, Judge Bliss, Judge Coffinberry, Judge Tyler, Judge Hord, Judge Cadwell, Judge McMath, John Hutchins, General Crowell, Judge Jackson, Judge Pennewell, Judge Dickey, Judge McKinney, Gen. Meyer; and more recently Judge Hale and Judge Boynton — the latter directly from the great fountain of legal wisdom and authority, the Supreme Court. Such immigration is generally indic- ative of sore legal famine in the effete cities and rural villages, and the dry and dusty deserts round about, when the elite of the land, the kadis, the emirs, the great sheiks of the law, strike their tents and flee to the delta of the Cuyahoga, the Goshen of abund- ance and good pasturage, to dwell therein, replenish their sacks, and sacrifice to the blind goddess of justice in the temple of Themis. A generous bar bids such strangers welcome, society extends to them its social graces, and a wealthy clientage contributes abundantly to their financial happiness. FIRST SUPERIOR COURT. The first Superior Court of Cleveland was created in 1848, of which Sherlock J. Andrews was elected judge, and George A. Benedict was appointed clerk thereof. It continued for the period of five years, but was dispensed with on the revision of the judiciary system under the new constitution. THE PROBATE COURT. The Probate Court came into existence under the new judicial system, probate of wills and settlement of estates having before appertained to the jurisdiction of the Court of Common Pleas. Flavel W. Bingham was the first judge elected, in 1852, for the term of three years. He was succeeded by Daniel R. Tilden, in 1855, who held the office by an unbroken succession of triennial elections for thirty-three years, when he was succeeded, in 1887, by Henry C. White, the present incumbent. The long official life of Judge Tilden is the most remarkable on record, either in this or any other state. He was probably fifty years old when he came to Cleveland. He had been a prominent lawyer in Portage county ; had held official position there, and had served in Congress as far back as when Abraham Lincoln was a member. On coming to Cuyahoga county, he became a partner with Robert F. Paine for a few years and until his election, in the Fall of 1854, to the position which to him proved substan- tially a life office, at least reaching far beyond that period of life when judges in many states are necessitated to retire by constitutional limitation, even while in the enjoyment of perfect physical and mental vigor. There being, however, no such constitutional block to the judicial wheel in Ohio, the people had free course and were glorified in perpetuating the official life of their favorite judge during a third of a century, and until the raven locks that once graced his ample brow were white as snow. Judicial adapta- 36 THE BENCH AND BAR OF CLEVELAND. bility, official Integrity, supplemented by genial personal qualities, constituted Judge Tilden's capital on which the people banked their estates and trusts for a full generation, while his contemporaries in other official positions were compelled to strike their official tents, often at the end of a single term. The probate mantle of Judge Tilden has fallen upon worthy shoulders. Learned in the law ; a student and historian ; a man of ability and intense industry ; with a judicial mind, rare fairness, and unquestioned honesty. Judge Henry C. White has already shown himself a model probate judge, whose learning is equaled by his good common sense. THE CIRCUIT COURT. The last change in the judiciary system of the state was made by act of April 14, 1884, when the District courts were abolished and the Circuit Court was substituted, Cuyahoga falling into the eighth of its divisions. Two drafts have been made upon the bar of the county for judges of that court, and the lot fell first to Charles C. Baldwin, and more recently the second to H. J. Caldwell. Sufficient time has not elapsed to enable the bar to thoroughly test the merits of the new system. CUYAHOGA ON THE SUPREME BENCH. Franklin J. Dickman, a native of Virginia, a graduate of Brown University, came to Cleveland about 1858. He was elected to the legislature in 1862. He became a partner of Judge Spalding, and received the appointment of United States district attorney for the northern district of Ohio. He served on the late Supreme Court com- mission, and was appointed judge of the Supreme Court to fill a vacancy, and is now serving upon the same bench by public election. He is the fourth supreme judge credited to Cuyahoga county in the history of the state — the order being Huntington, Wood, Ranney, Dickman. Mr. Dickman was renominated to his present position by the Republican state convention of Ohio, in the Summer of 1889. THE UNITED STATES COURTS. i'rior to 1855 the Circuit and District courts of the United States for the State of ( )hi() we'll' held at Columbus. The two cities on the extreme northern and southern lidrilcis (if tlu' slnic were the sources of nearly all the business appertaining to the juris- (li( lion of (he I'eileral courts. The \'ast commerce of the lakes furnished a large nuin- licr of iulniiriilty c:ises lo be ;uljuilicated therein, and an inland journey of more than a hiinihctl i\ut\ lil'iv miles for a liearing in such, alone was a cosdy burden, ahke to proc- liHs, caplains, sailors, ships and cargoes. Therefore, lawyers in this part of the state lijdk (lie siilijecl ill hand with such earnestness and energy that Congress, in 1854, not- wilhi.laiiiliiii; ureal opposition from the central and southern part of the state through THE LEGAL AND JUDICIAL HISTORY. 37 their representatives, divided the country as equally as possible by county Hnes about the center of the state, and thus constituted the northern and southern districts. Cleveland became the judicial seat of the northern district, and the government directly built a court-house, combining within its ample dimensions a post-office, custom- house, apartments for internal revenue and offices. The first judge of the United States District Court for the northern district was Hiram V. Willson, appointed by President Pierce in March, 1855. Daniel O. Morton, of Toledo, was appointed United States district attorney, and Jabez W. Fitch, of Cleve- land, United States marshal. At the first term of the court Frederick W. Green was appointed clerk of the court. Mr. Green had been a member of Congress from the Seneca district, and the efficient champion of the bill creating the new federal district. The full official equipment of the tribunal for business was in the appointment of the then alert and genial and now venerable Lewis Dibble as chief bailiff and crier of the court. General Henry H. Dodge and Bushnell White were the first United States commissioners. Immediately following the organization of the court, the docket exhibited a multi- tude of libels in admiralty, patent cases, equity proceedings for foreclosure of mortgages, and every variety of action within the federal jurisdiction. The criminal docket was early plethoric with indictments against counterfeiters of the coin of the realm, of which in those days "the woods were full," and among whom were many expert and facile artists, some of whom when at liberty to enjoy social life, and not professionally engaged, were well known and saluted on the streets, dined at first-class hotels and leisurely picked their teeth on the door steps. The cases of the greatest public interest, and producing the most intense excitement in the community, grew out of alleged violations of the fugitive slave law. The most celebrated of such cases was known as the Oberlin- Wellington rescue case, in which the president and several professors and gentlemen of the faculty of Oberlin College, with others, were indicted, charged with the violation of that law in rescuing a fugitive slave, and who, decHning to give bail, were, during their trial, hospitably entertained by Sheriff Wightman, at the county jail, as distinguished guests of the United States marshal. Eminent citizens visited the accomplished pris- oners, or left their cards, and prominent ladies of the city comforted and cheered their wives and children, who were permitted within the walls of the castle, by daily visits, pleasant salutations, delicacies, sweet-meats and fragrant flowers. The Oberlin cases were followed soon after by the seizure, trial, and rendition of Lucy, an escaped slave girl from Virginia, the last slave ever returned under that obnoxious law — the civil war and the emancipation proclamation having put an end to the "peculiar institution," and many inhumanities to man incident to the cruel relation of master and slave. 38 THE BENCH AND BAR OF CLEVELAND. During the excitement incident to the John Brown raid, and after the breaking out of the rebellion, Judge Willson defined the law in regard to conspiracy and treason, drawing, with nice distinction, the line between a meeting for the expression of opinions hostile to the government and a gathering for violently opposing or over- throwing a government. Among many important civil cases was one, known in the legal history of the city as the " Bridge Case," in which the questions to be decided were : the legislative authority of the city to bridge a navigable river, and whether the bridge, if constructed, would be a nuisance, damaging the plaintiffs' private property. Judge Willson's decision, granting a preliminary injunction until further evidence could be taken, was an exhaustive review relating to the obstruction of navigable rivers. Judge Willson died in i866, and the assembled bar of the district rendered testi- mony to the integrity, ability and moral worth of the deceased — declaring him to have been "a learned, upright and fearless Judge, ever doing right and equity among the suitors of his court, fearing only the errors and mistakes to which fallible human Judgment is liable." During the protracted illness of Judge Willson, and for some time after his death. Judge Withey, of the United States District Court of Michigan, presided, and until the ad\ent of a new Judge, in the person of Hon. Charles Sherman. He was a brother of Senator John Sherman and General Wm. T. Sherman, and resided in Mansfield until his ajjpointment to the bench, when he became a resident of Cleveland. In 1873 he resigned, and was succeeded by Hon. Martin Welker, of Wooster. Judge Welker was one of the first judges of the Court of Common Pleas elected by the people, under the new constitution of 1851. He was elected heutenant governor on the ticket with Governor Chase, in the famous campaign of 1857. He was aid-de- camp to the governor, and judge-advocate general of the state during Dennison's term, and afterwards served with the three-month volunteers on the staff of General J. D. Cox. In 1862 he was assistant adjutant-general of the state, and superintended the Ohio drafts. He was elected to Congress in 1864, and twice re-elected. Judge Welker's Judicial life has been eminently satisfactory to the bar and the public. Always pleasant and kindly in manner and spirit, professional duties in his court were made agreeable. He held his last term in May, 1889; having arrived at the age of seventy years, he retired under the compensatory provisions of the law. Judge William R. Day, of Canton, succeeded to the Judicial office. Judge Day is a graduate of Michigan University, and about forty years old, with a ripe legal expe- rience, and a very successful practice in eastern Ohio. He is a son of the late Judge Luther Day, of the Supreme Court of Ohio. In 1886 he was, without opposition, THE LEGAL AND JUDICIAL HISTORY. 39 ilected judge of the Court of Common Pleas of Stark-Carroll-Columbiana sub-division of he north judicial district. But by reason of continued ill-health, without holding a term of the court, Judge Day esigned the judicial office, and immediately thereupon, in July, 1889, Captain A. J. licks was appointed United States district judge for northern Ohio. Judge Ricks was )orn in Massillon, Stark county, Ohio, in 1843. While attending Kenyon College he inlisted in the 104th Ohio infantry at the age of nineteen. He was offered the position )f captain and aid-de-camp in 1864, but declined, and became war correspondent of the Cincinnati Commercial. After the war he studied law with Judge Baxter, at Knoxville, ind became a member of Baxter's law firm. In 1870 he took editorial charge of he Knoxville Daily Chronicle. In 1875 he returned to his old home in Massillon, and vhile practicing law there Judge Baxter was appointed United States Circuit Court fudge. The new judge appointed Captain Ricks clerk of the court, which office he illed until his elevation to the bench. The legal learning and judicial qualities of Mr. Ricks' mind exemplified during his ;lerkship, as master commissioner and referee in numerous railroad and other important ;ases submitted to him for adjudication and adjustment, often involving millions of ioUars, made manifest his peculiar qualifications for the bench, and prompted the most ;minent of the profession in the district to urge his appointment as Judge Welker's uccessor. Judge Martin Welker's official retirement from the bench of the United States ZovlxV was officially completed Wednesday morning, July 31, 1889, and his successor, udge Augustus J. Ricks, was duly inducted into office by Judge E. S. Hammond, 'romptly at 10 o'clock Judges Hammond, Welker and Ricks filed into the United itates Court room, which was well filled with members of the city bench and bar. The lath of office was administered to Judge Ricks by Judge Hammond, who afterwards iresented the Bible used in the ceremony to Mrs. Ricks. It contains the following en- [orsement on the fly leaf: — On the 31st day of July, 1889, upon this Bible was administered the oath of office D Augustus J. Ricks as judge for the United States District Court for the northern istrict of Ohio, and we now present it with our compliments and congratulations to is good wife. M. Welker, E. S. Hammond. When the ceremony was completed, Judge Welker, in a short speech, asked that his iccessor receive the same courteous treatment from the bar Avhich had ever been ccorded to him. Judge Ricks read a telegram from Judge Jackson, who was in /■yoming Territory, consenting to the temporary appointment of Martin W. Sanders > clerk of the United States Court, and Mr. Sanders was at once sworn into office. 40 THE BENCH AND BAR OF CLEVELAND. Messrs. Harvey D. Goulder, E. J. Estep and Judge J. M. Jones were appointed a com- mittee on resolutions, and the court took a recess until ii o'clock. At that hour, Mr. Goulder presented the following resolutions : — Whereas, Hon. Martin Welker, late judge of the District Court of the United States for the northern district of Ohio, has voluntarily resigned his position, and to-day, by the qualification of his successor, absolutely severs his connection with the court and bar as such judge; and Whereas, Under the circumstances, we, the members of the bar who have attended his court for years back, regard it proper to express our appreciation of his conduct as judge, his ability as a jurist, and his kindness and many good quahties, Resolved, That we deem it a privilege to express our high appreciation of the valu- able judicial services of Judge Welker ; our sense of obligation to him, who at all times has been a courteous, upright and impartial judge ; our great respect for his genial char- acter and bearing, and for his ability, industry and integrity as a man and a judge dur- ing the fifteen years he has performed the arduous and responsible duties of the position. Resolved, That it is with regret that we part with Judge Welker in his official capac- ity, and that he takes with, him in his well-earned retirement the genuine respect and good wishes of every member of the bar. Resolved, That we extend to Hon. Augustus J. Ricks, the successor to our retiring judge, a cordial welcome and our heartfelt good wishes, and promise to him our best endeavors to make his position easy and his life happy. Resolved, That the court be requested to cause a copy of these resolutions to be entered upon the journals of the Circuit and District Courts, and that an engrossed copy be presented to the retiring judge. Harvey D. Goulder, James M. Jones, E. J. Estep, Committee. Mr. Goulder followed the reading of the resolutions with an address, in which he paid a high compliment to the retiring judge, and bespoke a brilliant future for his suc- cessor. Judge Burke, in seconding the resolutions, said : ' ' It gives me pleasure to endorse the kind things which have been said by the gentle- man who has preceded me. It is a happy thing, I take it, to be allowed to retire from the bench with the unanimous commendation of the bar. We always think when in the heat of batde that the judge should be on our side, and we wonder that he is not, and this ofttimes stirs up one side or the other. I bespeak great things for the in- coming judge, whom I shall expect to hold the scales so perfectly even that he will please all the lawyers. This is an age of progress and we expect the courts to grow better and better, instead of the reverse. I endorse the resolutions with great pleasure." Judges Ingersoll and Jones followed, and also Attorney Hoyt, and the resolutions were unanimously adopted. Judge Hammond, in a happy speech, referred to Judge Burke's remarks, saying : " The lawyer must be born over again who does not feel the \ m III:! I » THE LEGAL AND JUDICIAL HISTORY. 4I disappointment of defeat when a case goes against him, and it will not be the second birth contemplated in the sacred book either." Judge Welker returned his thanks to the members of the bar in a fifteen-minute speech, and in closing said the pleasantest recollection of his life would be the cordial and courteous treatment he had received from the members of the Cleveland bar, which was the best in Ohio. Judge Ricks spoke briefly of the generous support he had received from the local bar, and court adjourned till August 9. Martin Welker Sanders, the newly appointed clerk, is a native of Wooster, O., where he was born in 1867. His childhood was spent in Washington, D. C, until the age of nine years, when he came to Cleveland, and where he has lived ever since and obtained his education in the pubhc schools of the city. He was attending college when he was given a clerical position in the United States Courts in July, 1886. He was appointed United States commissioner August 20, 1887, and made deputy clerk October 24, 1888, in which capacity he served until appointed clerk of both Circuit and District Courts. He is a very competent public official, a gendeman of pleasant address, and doubtless the youngest clerk in like position in the United States. In 1869, Congress, to relieve the judges of the Supreme Court from circuit duties theretofore incident to their respective offices, created nine Circuit Courts, with large original jurisdiction, with a like number of judges. Judge Baxter was appointed to the circuit embracing Tennessee, Kentucky, Ohio and Michigan, and held the judgeship until his death in 1885. He was born in North Carolina in 1820, and in early manhood was speaker of the House of Representatives and an elector on the Henry Clay ticket. Removing to Tennessee, he was elected a member of the constitutional convention of that state in 1870. As a lawyer he was eminent and recognized as the head of the bar in that state. He had the just credit of personal honor coupled with legal abilities of the first order. As a judge he won the high regard of the bar of his circuit for legal learning, quickness of perception and comprehension of intricate legal propositions, and a readiness in action often surprising. Moreover, he was impartial and fearless, irre- spective of persons. Judge Howell Edmunds Jackson was born at Paris, Tenn., in 1832. He received a classical education, graduating at West Tennessee College in 1848, and afterwards studying for two years at the University of \'irginia ; studied law under his kinsmen. Judges Totten and Brown ; entered the Lebanon Law School in 1855, graduated the following year and commenced the practice of law at Jackson ; removed to Memphis in 1859, and engaged in practice; served on the supreme bench by appointment on two occasions; returned to Jackson in 1876, and was elected to the stale legislature in i88o; was elected to the United States Senate and took his seat March 4th, 1881. He was 42 THE BENCH AND BAR OF CLEVELAND. appointed during his senatorial term judge of the United States Circuit Court, to succeed Judge Baxter, deceased. His pre-eminent judicial abilities are recognized throughout his wide circuit. In 1853, Hon. Frederick W. Green was appointed clerk, of the United States Dis- trict Court at the first session thereof, and held the ofifice thirtee'n years, when in 1866 he was superseded by Earl Bill, who held the same for twenty years. He died in ofifice, and was succeeded by his son, Charles Bill,' who held the office one year, when in 1887 he resigned. Under the law estabhshing a system of United States Circuit Courts and the ap- pointment of Judge Baxter to that bench in 1878, Captain A. J. Ricks was appointed clerk of the court, and upon the resignation of Mr. Bill in 1887 the district judge ap- pointed Capt. Ricks clerk of that court, and thus the two courts were united in the per- son of one and the same clerk. And now, after the lapse of more than eighty years, and the corduroy highways of the county have been succeeded by the canal, the turnpike and the stage coach ; and they in turn have passed into a state of " inocuous desuetude " by the railroad and the elec- tric street cars ; and steamers plow the oceans and the lakes, and glide over the great rivers of the world; while the tallow candle of the olden time has been succeeded by gas and the electric light, and the telegraph and telephone have become the indispensa- ble handmaids of commerce, Cuyahoga county has emerged from the forest and its few dozen pioneers, and Cleveland has advanced from its half dozen citizens and its oiie lawyer until the population of the county exceeds three hundred thousand, and the city holds within her gates a bar roll of three hundred members. From humble begin- nings and small suits in 1810, Cuyahoga county now ranks high in intelligence, prosper- ity and wealth, and the business of her courts calls for the entering of judgments high up in the thousands and decrees in equity for many millions. The Cleveland bar is not surpassed by that of any other city of like population for its many instances of profound legal learning and admirable forensic ability, supple- mented and graced by those accomplishments which come of the learning of the schools, of history and literature, and keep pace with the progress of the world in the researches and developments of the sciences, and the best philosophical thought of modern times. The bench is inseparable from the bar, and must be considered at all times heretofore and now included herein. THE CIRCUIT COURT. THE CIRCUIT COURT. 43 The Circuit Court was established by the election of judges in the Fall of 1884; the sittings commencing February 9, 1885. This was in pursuance of a change of the constitution of the state, voted by the people not long before. The Circuit Court succeeded the District Court, which had been legislated out of existence. Hon. Wm. H. Upson, Hon. Chas. C. Baldwin, Hon. Geo. R. Haynes, who were elected for terms of two, four and six years each, formed the bench of the Sixth Judicial Circuit, which was composed of the counties named : Cuyahoga, Summit, Lorain, Huron, Medina, Erie, Sandusky, Ottawa and Lucas. The circuit was reorganized in 1888, and now com- prises the counties only of Cuyahoga, Lorain, Summit and Medina. This reorganiza- tion placed Judge Haynes in another circuit, and Hon. Hugh J. Caldwell, of Cleveland, was elected in the Fall of 1887, and took his place on the bench in February, 1888, where he is now presiding judge, succeeding Judge Baldwin. It is the work of the Circuit Court to review the action of the lower courts in such cases as are carried up on appeal or otherwise, and it is in session almost continually dur- ing the year in one of the counties embraced in the circuit. The work of this court and its value in preventing expensive litigation cannot be overestimated. The salary of a circuit judge, who is elected for a term of six years, is $4,000 a year. In Judges Baldwin and Caldwell, the Cleveland bar has two able and learned rep- resentatives upon this bench, who have shown by their record their fitness for any judicial responsibihty to which they might be called. THE SUPERIOR COURTS. (;. M. BARBER. Under the ordinance of 1787, what now constitutes the State of Ohio was part of what was then called the "North-western Territory," or the "Territory North-west of the Ohio river.'' Under that ordinance, only one court was provided for the entire territory, which consisted of three judges. The only quahfication for the office required by the ordi- 44 ■The bench and bar of Cleveland. nance was that they should reside in the district and be the owner of a free-hold in five hundred acres of land, while they exercised the duties of the office. Their commissions were to continue in force during good behavior. On the adoption of the constitution and the admission of Ohio into the family of states, in 1802, two classes of courts were provided for — those established by ihe constitution, called Constitutional Courts, and such other courts as the legislature might, from time to time, estabhsh. Of the first class were the Supreme Court, to consist of three judges, Courts of Common Pleas for each county, and justices of the peace. The legislature could determine what classes of cases should come within the jurisdiction of these several courts and the compensation of the judges, regulate their practice, and determine the times and places of holding their sessions, but could not abolish any of them or diminish the number of the judges. The legislature could establish other courts, determine their jurisdiction, both terri- torial and the class of cases they might hear and determine. It was thought by the framers of the constitution that this power in the legislature was necessary, as it was impossible to anticipate the future commercial business of the state, and the extent of the judicial force that would be necessary to do its judicial work. Subsequent his- tory has shown that this was a wise provision. The first legislative court established in Ohio was the old Superior Court of Cincinnati, which was established by act of the legislature, passed and took effect March 15, 1838. It was designated in the act as the Superior Court of Cincinnati, although its jurisdiction extended throughout the whole of Hamilton county. It consisted of one judge only, to be appointed in the same manner, and hold his office the same length of time as the present judges of the Court of Common Pleas, and should receive a salary of twelve hundred dollars per year. Its jurisdiction was concurrent with the Court of Common Pleas of Hamilton county of all civil causes at common law and in chancery, wherein that court had original jurisdiction. It held four terms each year, beginnino- respectively on the first Mondays of January, April, July and October ; and by special adjournment might hold such other terms as should be necessary for the dispatch of business. Judgments in that court had the same lien on the property of the debtor as judgments in the Court of Common Pleas. Appeals and proceedings in error from that court were heard and determined in the Supreme Court, which alone had jurisdiction to affirm, modify or reverse its judgments. Under the constitution of 1802 each court appointed its own clerk for the term of seven years, but before he could be appointed the applicant must procure a certificate, signed by a majority of the judges of the Supreme Court, that they "judge" him to be well qualified to execute the duties of the office of any court of the dignity of that for which he offered himself. THE SUPERIOR COURTS. 45 That court continued and filled an important position in the courts of the state until the constitution of 1851, the present constitution of Ohio, went into effect. By the terms of section 6, of the schedule of that constitution, it was provided that the Superior and Commercial Courts of Cincinnati, and the Superior Court of Cleveland, should continue until otherwise provided by law, but not longer than the second Monday in February, 1854. Under that provision the existence of that court was terminated. In 1854, however, a new Superior Court was estabhshed in Cincinnati under the new constitution, which contained the same provisions in regard to legislative courts as the constitution of 1802. That court is still in existence. It now consists of three judges; has concurrent jurisdiction with the Court of Common Pleas of Hamilton county, within the city of Cincinnati, in most civil causes wherein the sum in dispute exceeds one hundred dollars. It has no jurisdiction in criminal cases or in divorce and ahmony, or alimony alone. The judges hold their office for a term of five years, and are paid a salary of five thousand dollars per year, one-half of which is paid out of the state treasury, and the remainder by the city of Cincinnati. From its organization up to May 10, 1878, the judgnnents, decrees and final orders of the judges, at special terms, were reviewable, and could be re\ ersed, \acated or modified by the same court at general term, held by all three judges, but any two were a quorum to hold court or render a judgment. The decisions of the general term were reviewable only by the Supreme Court. On theioth of May, 1878, 75 O. L., 139, the provision of statute authorizing the general term of that court was repealed, and the District Court of Hamilton county given the same jurisdiction to reverse, vacate or modify the final judgments and orders of that court that it has over the judgments and final orders of the Court of Common Pleas of Hamilton county. All the sections of the act of May 10, 1878, except the eighth, which makes the above change in the jurisdiction in error to the Superior Court of Cincinnati, were held unconstitutional by the Supreme Court in " the matter of the assignment of judges to hold District Courts," 34 O. S., 431, but in another case, Gibbons vs. The Catholic Institute of Cincinnati, 34 O. S., 289, decided at the same term, the court held that the validity of section 8 is not affected by the fact that the remainder of the act is un- constitutional, that that section is separable from the remainder of the act, and sustained the jurisdiction of the District Court. That jurisdiction remained in the District Court until February 7, 1885, when, by act of the legislature, 82 O. L., 23, section 8 of the act of May 10, 1878, was repealed, and the jurisdiction of the general term restored to the Superior Court. The Superior Court of Hamilton county is an important factor in the judicial business ' 46 THE BENCH AND BAR OF CLEVELANt). of Cincinnati and Hamilton county, and transacts a large proportion of the most import- ant judicial work of the city of Cincinnati and gives general satisfaction. It has no jurisdiction outside of Hamilton county. The Commercial Court of Cincinnati and Hamilton county, established by the legislature of Ohio, February 4, 1848, belonged to the same class of courts as the Superior Court. It consisted of one judge, elected by the general assembly, on joint ballot. No other qualification for the office was required by the act creating the court than that he should reside in the city of Cincinnati during his term of office. His salary was one thousand dollars per year, and his court was required to be held at the court- house in Cincinnati, or such other convenient place as the commissioners of Hamilton county should provide. Its territorial jurisdiction extended throughout Hamilton county, and its jurisdiction of causes was concurrent with the Court of Common Pleas, of all civil causes at law founded upon matter of contract, whether in writing or by parol, express or implied, and of all causes in chancery. It possessed the power to preserve order, punish contempts and regulate its practice ; also to prescribe the force and effect of its judgments, orders and decrees, and to authorize and direct their execution. This court terminated its existence under the provisions of the constitution of 1851. Superior Courts have been established in Montgomery county in 1856, in Franklin county in 1857, and Greene county in 187 1. The Superior Court of Franklin county was abolished March 25, 1865, and that of Greene county on May i, 1875. The Superior Court of Montgomery county was abohshed March 19, 1885. The business undisposed of at the time they ceased to exist was transferred to the Court of Common Pleas of their respective counties. There is now only the Superior Court of Cincinnati, which has had a continued existence from 1838, except a brief period when the new constitution went into effect. The first Superior Court of Cleveland was established in 1847, under the title of the Superior Court of Cleveland. It consisted of one judge, who was elected in the same manner as the present judges of the Courts of Common Pleas. His salary was one thousand dollars, payable out of the state treasury. Its jurisdiction was concurrent with the Court of Common Pleas at common law and in chancery in all cases in which that court had original jurisdiction, with the same authority and power for the complete exercise of its jurisdiction and enforcement of its judgments and decrees as was given to the Court of Common Pleas. The proceedings, judgments, orders and decrees of that court were reviewable by the Supreme Court, by appeal, and in proceedings in error. Hon. Sherlock J. Andrews was the first and only judge of that court. No man THE SUPERIOR COURTS. * 47 better fitted for the position ever presided over a court in Cuyahoga county, and no more scholarly or genial gentleman ever graced either the bar or the bench. He represented the county one term in Congress, and was a member of the convention which framed the present constitution in 1850, and thirty years later he was again elected, and served as a member of the constitutional convention of 1880. Judge Andrews did as much in his hfe-time to elevate the character of the Cleveland bar and bench as any man who ever sat at the trial table, or wore the judicial ermine. He was a man of unsurpassed conversational powers and rare wit, which rendered him always agreeable and interesting. In his opinions he could carry conviction to an unsuccessful litigant that he ought to be defeated, and to accept the result as the only just decision that could be given. His legal opinions have ever been held in high esteem, being . distinguished for clear conceptions of the principles of the law in their varied appli- cation to practical life, and he evinced rare ability to judge of the probable verdict of a jury in mixed questions of law and fact. The Superior Court, over which he presided, went out of existence when the new constitution went into effect, and its abolishment was due more to his own belief that the judicial system provided by that constitution would furnish sufficient facilities for practice and better serve the cause of the adminis- tration of justice by only one system of courts, and a uniform practice, than by two classes of courts. The second Superior Court of Cleveland : During the war, from 1861 to 1865, the business of the courts of Cuyahoga county declined, in common with all classes of business not connected with military operations or furnishing supplies to the armies ; all judicial matters connected with military matters of any importance were carried into the United States Courts, and the legislature of the state exempted all the property, personal and real, of persons enlisted in the United States military service from seizure and sale under any execution or order of sale on any judgment or decree against them, and extended the same exemption to their sureties, while they remained in the service and two months thereafter ; all of which tended to diminish the amount of judicial work required of the state courts. After the war, and when the commercial and other enterprises of the country began to recuperate, the business of the courts increased until the judicial force then in office was entirely inadequate to the increased demand upon them, while during the war they had been more than sufficient. During the war there were but two judges of the Court of Common Pleas, and to meet this increased demand, by act of the legislature, passed February 24, 1869, one additional judge was provided for, which place was filled by Hon. R. F. Paine until the expiration of his term of office, in February, 1874. From that lime — i86g — forward the results of the war gave unparalleled activity to every department of human 48 THE BENCH AND BAR OF CLEVELAND. industry, and the business of the courts increased until the Court of Common Pleas, with its additional judge, was wholly inadequate to the demands upon it, and at the close of the Fall term of the Common Pleas and the beginning of the January term, of 1873, it was thought by many of the leading members of the bar that a city court, organ- ized substantially on the plan of the Superior Court of Cincinnati, which had been regarded as eminently successful in Hamilton county, having concurrent jurisdiction with the Court of Common Pleas of civil business only within the city of Cleveland, to be composed of three judges, would do the principal part of the city civil business, and leave to the Common Pleas, in addition to the criminal and miscellaneous business, the civil business outside of the city and such of the civil business in the city as litigants might choose to bring in that court; that such a court would be much more effective and satisfactory than if the judges were required to devote their studies and energies to all classes of judicial work, and that the business of the court would not be constantly embarrassed by the multitude of insignificant cases that always occupy a large share of the time of all the courts of general nisi pinus jurisdiction. At the close of the Fall term of the Common Pleas Court there was upon its docket undisposed of business sufficient to occupy the three judges of that court more than three years, so that to be limited to that court for the trial of cases was substantially a denial of justice to litigants, and the ratio of new business was constantly increasing. It was thought by this division of business between the two courts the work could be more promptly done and the pressure on the Court of Common Pleas relieved. Accordingly, on the 5th of May, 1873, an act was passed by the legislature estabhshing a court to be known as the Superior Court of Cleveland, to consist of three judges, who should hold their offices for five years, and should have jurisdiction of civil cases only, in the city of Cleveland, concurrent with the Court of Common Pleas of Cuyahoga county, and should not have jurisdiction in any criminal or bastardy cases, nor in applications for divorce and alimony, or alimony alone, nor of applications for the benefit of the insolvent laws, nor of appeals or error from justices of the peace, Police or Probate Court, nor to appropriate land or as.sessment of damages in behalf of municipal or other corporations. At the same time, and as part of the same act, in the belief that with the Superior Court, the Court of Common Pleas, with two judges, would be sufficient for the judicial work of the county, the act authorizing an additional judge of the Court of Common Pleas, passed February 24, 1869, was repealed, thus leaving only two judges of that court. The term of office of the judges of the Superior Court was to commence and their com- missions dated from July 2, 1873. Their compensation A\'as fixed at not less than forty-five hundred dollars per year, twenty-five hundred of which was to be paid out of the state treasury, and they should be paid by the city of Cleveland such THE SUPERIOR COURTS. 4<) further sums as the council should determine, not less than two thousand dollars per year. The bill for the estabhshment of the Superior Court was introduced into the House of Representatives by Hon. W. C. McFarland, then a member from Cuyahoga county, and it provided for a court with jurisdiction in civil cases over the entire county of Cuyahoga. It met with opposition by members of the House outside of Cuyahoga county, on the ground that if it appHed to the whole county it would be taken as a precedent, and many other counties, needing better facilities for judicial business, would make application for County Superior Courts, and thus interfere too much with the judicial system established by the constitution. It was amended to meet this objection by making it purely a city court, and in its amended form it passed with little, if any, opposition. It was supported unanimously by all the Cuyahoga county members of both the House and Senate. The theory of its projectors was that the bulk of the business which needed better court facilities came from the city, that the business of the county outside the city, the criminal business, appeals and proceedings in error from justices of the peace, Police and Probate Court, and other miscellaneous' business, could be easily disposed of with less judicial force in the Court of Common Pleas; and to equalize the burden of the expense the city was required to pay not less than two thousand dollars per year of the salary of each judge, as well as its proportionate share of the remaining twenty-five hundred, and also its share of the salaries of the judges of the Court of Common Pleas. The first judges were to be elected on the second Tuesday in June, at a special election held for that purpose. All subsequent judges were to be elected at the regular state elections in October. The clerk of the Court of Common Pleas was made ex-officio clerk of the Superior Court, and fifteen hundred dollars per year was allowed him in compensation for the additional services required of him. The judges were each required to hold regular monthly sessions, commencing on the first Monday of each month, except July and August, and a general term might be held by any two of the judges to review and affirm, modify or reverse the judgments, decrees, and final orders of the several judges at their regular terms, and the errors of the court at general term could be corrected and cases affirmed, or reversed by the Supreme Court on proceedings in error. At a subsequent period, the jurisdiction of the general term was transferred to the District Court of Cuyahoga county, but before this amendment went into practical effect the Superior Court enactment was repealed, the court abolished, and its business remaining undisposed of, transferred to the Court of Common Pleas, and four additional judges added to that court. At the special election held on the second Tuesday in June, 1873, two tickets were 50 THE BENCH AND BAR OF CLEVELAND. presented, one by a people's convention, called irrespective of party, and the other by a regularly called Democratic convention. The former convention presented the names of Seneca O. Griswold, James M. Jones and Gershom M. Barber, and the latter the names of Hon. Horace Foote, whose term of office as judge of the Court of Common Pleas had expired, and Darius Cadwell, elected to succeed him the February preceding, and Hon. J. D. Cleveland and J. M. Jones. The former ticket was elected and the candidates named became judges of the Superior Court, and their commissions dated from July 2, 1873. They organized the court and commenced business on the 9th of July, and thenceforward applied themselves with energy and zeal to the perform- ance of their duties. It is proper here to say that the two remaining judges of the Court of Common Pleas, Hon. Horace Foote and Hon. Samuel B. Prentiss, were men of large experience, of high reputation throughout the state for learning and ability as lawyers and jurists, and gave eminent satisfaction in their official position, and whose reputation will always stand among the foremost jurists of the age. The Hon. R. F. Paine, whose term of service as a judge ended with his first term, was an experienced lawyer, and made a good record as a judge. The expectation that the two courts would be able to do the judicial work of the county, as then organized, was not realized. The business of the country, which had enjoyed an unheard-of prosperity, met with a sudden and unlooked-for check. On the i8th of September, 1873, the most extraordinary financial panic which the country had ever experienced began. Failures of manufacturing and commercial estabhshments took place in every part of the country. Laborers all over the country were thrown out of employment, and what had never before been experienced in Cleveland, the savings banks substantially closed their doors, and even the bonds of the city sold at ruinous discount. The result upon the work of the courts was soon apparent, and in less than two years both courts were overcrowded with business, and immediate relief was required. On the 2Sth of March, 1875, an act was passed by the legislature entided "an act to facilitate the administration of justice in Cuyahoga county," by which- the Superior Court was abolished, to take effect on the ist day of July following, and its business transferred to the Court of Common Pleas, and by the same act four additional judges were added to the Court of Common Pleas, to be elected at the regular state election in October of that year. At that election two of the judges of the Superior Court, Hon. James M. Jones and Hon. G. M. Barber, were elected to seats on the bench of the Court of Common Pleas, both of whom served two successive terms in that court, and are now in active practice. Judge Seneca O. Griswold, on the termination of the Superior Court, returned to practice, and, until his health failed, was recognized as one of the ablest members of the Cuyahoga county bar. The superior courts. 51 The Superior Court was in existence from July 2, 1873, to July i, 1875— just twenty-four months, and during that period there were commenced in that court exactly twenty-five hundred and five cases, and these cases, the record shows, embraced the largest part of the most important judicial business of the city. In the Court of Common Pleas, for the same period, omitting the last month of the existence of the Superior Court, there were commenced an average of eighty-five cases per month, and these embraced errors and appeals from justices of the peace, errors from the Probate and Police Courts, and all other miscellaneous business of which the Superior Court had no jurisdiction. The Superior Court was in almost continuous session until its termination, and finally disposed of over two thousand cases, so that it may be fairly said that it fulfilled, in the largest measure, all that its projectors and most sanguine friends expected from it. From the latter part of 1873 the legal business of the city and county increased very greatly in consequence of the financial panic, which disturbed and paralyzed every department of business. This was the situation when the "act to facilitate the administration of justice in Cuyahoga county " was passed, and the Superior Court abolished and four additional judges added to the Court of Common Pleas, making six judges in that court. Additional judges were necessary at that time in the Court of Common Pleas, and if one additional judge had been added to that court, and the Superior Court continued, as much, if not more, work could have been done in the two courts than could or has been done by the six judges of the Common Pleas, and at no greater cost. The sheriff and his deputies served all the writs and processes of both courts, and the clerk and his deputies kept their records. If the work of the Superior Court accumulated, the remedy was easy — a limit of its jurisdiction as to amount for which cases could be brought in that court, and if thereby the work of the Common Pleas accumulated, additional judges could be added to meet the increased demand, as has been done in Cincinnati. The Superior Court would then have been, as its projectors and friends intended it to be, a court in which the important civil business of the city could be expeditiously transacted by judges devoted exclusively to that class of judicial work, untrammeled by the multitude of miscellaneous and petty business which always finds its way into the Court of Common Pleas. Without disparagement to the Court of Common Pleas, it is fair to say the Superior Court, during the period of its existence, amply fulfilled its mission. It may be said of Superior Courts, as a part of our judicial system, that as auxiliary to the Courts of Common Pleas, they fill an important place, and the provision of the constitution authorizing their creation by the legislature, and placing them entirely under its control, is a wise provision, by which, when the judicial work 52 THE BENCH AND BAR OF CLEVELANB. is greatly increased in any part of the state, it may be promptly relieved without interfering in any way with the regularly constituted courts. This, as a rule, is applicable only to counties containing large cities, as has so far been shown by expe- rience, not only in Ohio, but in other states, all the Superior Courts of Ohio, except in Cincinnati, having been abohshed after a short career. In most of the larger cities of the United States Superior Courts are important factors in their judicial work. The judges of the Superior Court of Cincinnati have ranked among the foremost jurists of this or any other state, and their decisions are considered as authoritative as those of any court not a court of last resort in the United States. THE BANKRUPTCY COURTS. HELEN E. WATTERSON. In 1840 the second bankrupt act was enacted by Congress, the first one having been passed in 1800 and repealed in 1803. The duration of the second was scarcely longer, for early in 1843 ^t was declared manifestly to the benefit of the debtor and against the creditor and repealed. In 1867 a third bankrupt law was passed and Myron R. Keith, Esq., was appointed register for the Northern District of Ohio. This office he held continuously until the repeal of the law in 1878 rendered the position a sinecure. In actuaUty, Mr. Keith may be said to hold the office still, for when the register tendered his resignation in view of the repeal of the bankrupt act, there was some amusing discussion as to who was the proper person to refer the resignation to, the judge of the District Court declaring that the resignation came within the juris- diction of the chief-justice of the United States alone, and the chief-justice laughingly referring the matter back to the district judge. In the discussion, the resignation was lost sight of and was never legally received by any authority. During the continuance of this office, Mr. Keith had the settlement of the estates of nearly or quite one thousand individuals, about half of whom had assets, aggregating in all considerably over a million' of dollars ; of these one thousand cases, all money assigned has been distributed and all cases have been settled, with one exception. The Kelley Island Lime Company, which assigned in 1878, was in the hands of Mr. Henry N. Johnson, as assignee. After a satisfactory settlement in the bankruptcy courts, the existence of more assets was discovered by some of the creditors, and, although the THE MUNICIPAL COURt. 53 bankruptcy law had then gone out of existence, the court was petitioned to re-refer it. Suit was begun in 1885, and is still pending. . For the settlement of the cases that came within the jurisdiction of this court, the assignees of eight hundred, or thereabouts, were appointed by the register, and in every case the appointment gave full satisfaction. "There was no monopoly of assignees," says Mr. Keith, in speaking of the matter; "of course, the same man was often re- appointed to act as assignee, but there were over three hundred men appointed in the entire number of cases, and among them all I never had an assignee who was a defaulter, or one who failed to perform his duties satisfactorily to all concerned." Comparison with other courts of bankruptcy shows this to have been an unusual record. Several cases involving the handling of large amounts of money have come within the jurisdiction of this court, the best known of which probably were the assignment of Bousefield & Poole, the match manufacturers ; of R. A. De Forest, the dry goods merchant, and of the Cleveland Insurance Company. A most romantic case was that known as the Hester case, in 1878. This is hardly the place to relate it in detail, but were it allowable to do so, it would be found to con- tain every element of the most exciting romance — love, theft, murder, imprisonment, a tragic death, loss of property, retribution — nothing is lacking. It was in the prosecution of this case that Mr. Keith took a night ride of twelve miles in mid-winter, lying on the straw in a roughly made sled, with the man who afterwards became chief-justice of the United States, Morrison R. Waite, then attorney for one party in the suit. THE MUNICIPAL COURT. C. W. HEATON. Although the present municipal court building is an ancient appearing and dilapi- dated structure, and is about to give way to a more modern and improved style of architecture, as well as other needed reforms in the matter of quartering prisoners and arraigning them for trial, it is even now quite metropoHtan as compared with the first court held in Cleveland. Strictly speaking, the present Pohce Court is not the growth of the first adminis- tration of justice held in this neck o' woods, but being one of its fruits, we may con- sistently "begin at the beginning," in order to properly reach the present system of 54 THE BENCH AND EAR OF CLEVELANt). municipal government. The first court was held, as has been stated in another chapter, in the store of Elias and Harvey Murray, on Superior street, between Bank and Water streets, (where all the stores of that date were located) and was organized by the appoint- ment of Hon. Benjamin Ruggles as judge. " Alfred Kelley was the first lawyer to conduct any legal practice in Cleveland, but it does not appear that he was present at the organization of this court. It was an interesting attempt to modernize the old English customs, but many traces of the ancient practices were discernible, most conspicuous of which was the queue of the old school, in which Judge Ruggles appeared in this and many other in- stances in court. Imagine how such a scene would be relished at this day. Besides this court there were two justices of the peace, but their business was very limited ; in fact about all the principal law business of those days consisted of the prosecution of persons charged with selling whisky to the Indians. Business continued in this crude state until May 8th, 1836, when Cleveland had reached the dignity of a city, having at that time something over five thousand inhabitants. On that day a new regime was inaugurated. A city charter went into operation, a mayor was elected, and other city officers chosen. The mayor was empowered with the enforcement of city ordinances and cases of minor misdemeanors, while the criminal prosecutions were conducted by the justices of the peace and county courts. In this way matters pro- gressed until the year 1852, when city cases of a criminal or insubordinate nature had so increased that a separate system of dealing with them became necessary, and with the organization of this branch of the city government was transferred to it the adjudi- cation of all criminal cases, the prosecution of violations of the city ordinances, and the preliminary examination of many charges of greater importance. By an act of the legislature, during the Winter of 1852-3, the Pohce Court of Cleve- land was created and the city government entirely reorganized. The election of officers provided for by the new law took place on the first Monday of April, 1853, and re- sulted in the election of John Barr, the Whig candidate, for judge, by 296 majority, over Edward Hessenmueller, the Democratic nominee ; Bushnell White for prosecuting attorney, also a Whig, by 72 majority; O. J. Hodge for police clerk, as a Democrat, by 668 majority ; and Michael Gallagher, a Democrat, for city marshal, then a Police Court officer, by 76 majority. It was a novel spectacle which was presented on April 17th, 1853, when the first PoHce Court was organized. In a little back room in the Gaylord block, over the store now occupied by J. F. Kilfoyl as a gents' furnishing estabhshment, on Superior street, between Seneca and the Square, Judge Barr took his seat behind a httle, low desk, and rapped for order. At his right, at another desk, sat the clerk, Mr. Hodge ; while a THE MUNICIPAL COURT. 55 little square table in front of the judge held the books and papers of the prosecutor. In a stern voice, Judge Barr announced the formation of the municipal court and its legally elected officers. (Capt. M. B. Gary now occupies, as a law office, the very room, or most of it, where this scene took place, there having been a slight remodeling of the upper floor of the building a few years ago.) On the first page of the court journal, following the index, is an entry in the hand- writing of Mr. Hodge, which reads: "The State of Ohio, city of Cleveland, S. A. ; the Police Court of the city of Cleveland commenced and held in said city on the 17 th day of April, Anno Domini 1853, agreeable to the laws of the State of Ohio. " Present, his honor, John Barr, judge of the Pohce Court, C. C. ; B. White, Esq., prosecuting attorney of said city; M. Gallagher, marshal of said city. Attest, O. J. Hodge, clerk Police Court, C. C." Then follows the records of the court proceedings, on the first page of which ap- pears the business of the first day, which comprised four cases, as follows : The City of Cleveland zis. Morris Dietz, John Mayberry, William Whelhellams, E. A. Fillibine, and William H. Morris; charged with "getting up a false alarm of fire, disturbing the peace, etc. Arrested on view by Edward Ball and Henry Keller, watch- men; trial had and the defendants adjudged a fine of five dollars each and costs, $6.22, except John Mayberry, who was discharged." The second case was that of Thomas Stanfield, charged with^ drunkenness and dis- orderly conduct, arrested by William Ball, watchman; trial had, and defendant adjudged a fine of five dollars and costs, $2.25. The Kaiser Wilhelm was well represented in the next case, three of his subjects being arraigned on the charge of having offended against the dignity of the new- American law, by "fighting and disorderly conduct;" arrested on affidavits of Henry Keller; trial had, and Peter Fuer adjudged a fine of five dollars and costs, $2.25, the other defendants being discharged. The day's session closed with the trial of Michael Keller, Patrick Regan, John Murphy, and Patrick Murphy, charged widi "fighting and disturbing the peace;" arrested on affidavit of Edward Ball, by William Ball, Henry Keller, and Joseph Tomkins, watchmen; trial had, and adjudged a fine of three dollars each, with costs, $2.25. Many curious cases follow during the succeeding days of this new branch of the city government, such as " immoderate driving in the streets," "selling unwholesome meat," "gross indecency," "abusing his wife," " drunkenness and lewd behavior," " sohciting guests drunk," " forestalling market," " fast driving," "kicking little girl," "abusing watchman," "breach of the peace by disturbing a ball at Kelley's hall," etc. In this connection a good story may be told of Caleb Hunt, a photographer, who 56 THE BENCH AND BAR OF CLEVELAND. was brought before the new court within a few days after its organization. Mr. Hunt had a "daguerreotype gallery" in the upper part of the building where Steinfeld's clothing store is now, to which there was a sky-light, of course. Through this sky-Hght was the only means of access to thfe roof. In those days wild pigeons were wont to fly over the city in great numbers, and it was a strong temptation to every one who could shoot a gun to indulge in that pleasant pastime, not only in the fields outside the city, but within the city limits as well, notwithstanding the strict ordinance against it. The birds often flew quite low, and within easy range, which made the temptation to ' ' let 'er go " all the more pressing. Mr. Hunt was considerable of a sportsman, and he could not resist the apparent invitation of the birds to come up on the roof and blaze away. He was out on the roof shooting one day, with splendid success, the dead birds falling directly on the roof, where they could be easily gathered up, when the city mar- shal, hearing the sound of a gun, went up to ascertain its meaning. He got as far as the sky-light, but Mr. Hunt had taken the precaution to bar it from the outside, so that industrious official got no further than the perch upon which his game roosted. He waited a little while for Mr. Hunt to "come down from the tree," but that astute gentle- man knew his business better than the marshal did, strange as that may seem, and declined to come down and be "run in." The marshal concluded not to wait till he did, but to watch for him on the street and catch his man unawares. This he did in the afternoon of the same day, and took his prisoner into court to plead. Mr. Hunt stated to the court that he did not have time just then to wait for trial,- because he had to take somebody's picture, but would come in the next day and confess. He acknowledged having shot the birds, but was in a hurry to get' back to his business, and would attend to it to-morrow. By morning Mr. Hunt decided not to plead guilty, but to stand trial, arguing that as nobody had seen him do the shooting it would be a difficult matter to prove. Accordingly when he went into Police Court the next day, and the judge told him how much his fine would be, Mr. Hunt looked innocendy at him with the remark, "fine for what ?" " Didn't you plead guilty to shooting fire-arms within the city limits yesterday?" asked the judge. ' ' No, sir, I want to plead not guilty to the charge. " "But didn't you acknowledge having done the shooting?" "Oh, yes; but what of that; I wilKbring witnesses in to the trial who will swear that they wouldn't believe anything I say." Mr. Hunt was assessed one dollar to keep up the credit and dignity of the court, but the clerk was instructed not to mind about collecting it. ^\'hile the new court was being held in the litde room on Superior street, and before THI''. MUNICII'AI. COURT. 57 it was created, a new station house had been begun on Johnson street, near Water, and had about reached comijletion, when the hiw was passed creating the PoKce Court. It was then decided to add a story above the station house, and make a court room of it. This was done, and within a few months the PoHce Court, with all its paraphernalia, was removed to the new building on Johnson street. Here the business was conducted for eleven years, when the Central Station was built. Before Judge Rarr had completed his first term, he became a candidate for county clerk, and in the Fall of 1854 he was elected to that position, assuming his office soon after. This left a vacancy on the police bench, and Prosecuting Attorney Bushnell White was elected by the city council to fill it until the regular election the next Spring. At that time there was a new deal all around, and many people were surprised at the re- sult. The Knownothing party had gained such a power as to control the election, and a ticket publicly known as " the Citizens' ticket" was nominated and elected, as follows : Seth A. Abbey, police judge; Albert Blade, prosecuting attorney, and David L. Woods, city marshal. Mr. Hodge, having been elected for three years, of course held over another year after this. The Knownothings were a party composed exclusively of Americans, no foreigners being admitted or endorsed for public office. All these nom- inations were agreed upon in secret meetings of the lodges of which the Knownothing party was composed, and were, of course, elected, defeating both Democrats and Whigs. A list of subsequent incumbents of all the Police Court offices, with the re- spective terms to which they were elected, is appended. David L. Woods became the most efficient, successful and impartial, yet unpopular, marshal the city ever had. He would arrest any one caught in the act of committing any misdemeanor forbidden by ordinance or statute, no matter who it was. Just the same then as now, a man who does his whole duty, without regard to persons, becomes very unpopular, and the official who succeeds in satisfying everybody must be a strange sort of genus homo. The city had no paid fire department in those days, and the volunteer brigade was forbidden, by ordinance, from " running with their machine" on the sidewalks. None of the boys had paid any attention to it, however, and would tear along the sidewalks at breakneck speed, with a long rope, dragging a hand engine at the end of it — until Dave Woods was elected. Dave said he was going to stop it, and was laughed at. The streets were at times knee-deep in mud, none of them being paved, and it was a difficult matter to drag the engines through it. So when the first alarm was given, after the new election of officers, the "gang" started down the sidewalk, as usual. On they rushed, tearing down the street like mad men, caring only to reach the fire as quickly as possible, and the thought of Dave Woods and his " little ordinance" never entered eg THE BENCH AND BAR OF CLEVELAND. their heads. All the same, however, Dave was on deck, and, rushing out, tried to stop the engine, but he stood no show just then. He did later, however, when he arrested over half the company and took them, one by one, into Police Court, and had them all fined. This stopped the sidewalk being used for this purpose, but it almost stopped the volunteer department, too. But it only hastened the day of a paid and trained de- partment, running on paved streets. In the new station on Johnson street, greater convenience was provided, and here the court officials and other attaches made themselves quite comfortable. On the ground floor, in the front, was a general reception room, used for all entry purposes, while m the rear were the cages for the " doves" and other birds. Above this, on the second floor, were two large rooms, the front .one used and occupied by the clerk of the court, with the court room in the rear. The judge and marshal used as a private office the room now occupied by W. H. Van Tine, real estate agent, in the Leader building. By the next year, 1854, the population of Cle\eland had reached 18,000, and that of Ohio City, her neighbor over the river, could boast of something like 5,ooo- After a long discussion between the officials of both cities, it was finally decided to consolidate them, and on the first Monday of April, 1854, the two cities became one, and thereby added four wards to the jurisdiction of the Pohce Court. From that time on the business of this department rapidly increased, and in 1863 another new and larger station was demanded. Architect Blair drew the plans, and within a year the building on Champlain street had reached completion. The ground was purchased from O. M. Oviatt, then a member of the city council, and the building erected by a Columbus street contractor, named Smith. It was approved, accepted and occupied in 1864. During the Winter of 1865-6, the legislature passed an act reorganizing the police and fire departments of Cleveland, creating the metropolitan system now in force. The act went into effect on May i, 1866. One visit to the "Central" is usually sufficient for a stranger — one day's visit to the place being as comprehensive as a month's sojourn within its dismal walls. Every day's grind is of almost the same grist. All sorts of crimes and misdemeanors come before this court for trial, generally committed by the lower classes--" the slums," many of whom manage to keep a little money with which to fee a lawyer, if there seems to be a ghost of a show of getting clear. Of course, such lawyers must work cheap, else the fees would amount to more than the usual fine. Yet there are a few lawyers in this city who make a practice of habiting the place, picking up such crumbs as these, managing somehow to exist on them. They can be seen every day, a half- dozen or so of them, waiting in eager expectancy for the herd to be driven in from the pen; and if one of them looks as though he might have five dollars about him, he is besieged by anxious solicitors, ready and willing to take his case, THE JUSTICKS AND THEIR COURTS. 59 A new station is in course of erection on Detroit street, on the west side of the river, and it is probable that by the time it is finished an additional Police Court will be opened in it, for the convenience of ^Vest Siders. It would seem that in a city so refined and wealthy, as a whole, that Cleveland should have outgrown the necessity for additional prison facilities, and that schools should have been more plentiful instead. Yet, as this is a historical record, and not a commentator, we may not properly enter into the discussion of its moral or economic bearings. We regret the prevalence and presence of crime, yet we are compelled to note it and its results. Plenty of both can be seen any time by a visit to the " Central." Police judges, with year of election : John Barr, 1853; S. A. Abbey, 1855; Isaac C. Vail, 1857 ; A. G. Lawrence, 1859; Isaac C. Vail, 1861 ; E. Hessenraueller, 1863; S. A. Abbey, 1865; J. D. Cleveland, 1869; J. W. Towner, 1871 ; S. A. Abbey, 1873; P. F. Young, 1875 ; R- D. Updegraff, 1877 ; P. F. Young, 1879 ; George B. Solders, 1881; John C. Hutchins, 1883; Frank H. Kelly, 1887, re-elected in 1889, and still holds the office. Police 'prosecutors, with year of election : Bushnell White, 1853; A. T. Slade, 1855; C. M. Stone, 1871; M. A. Foran, -1875 ; U. H. Birney, 1877; A. H. Lewis, 1879; J. B. Fraser, 1881 ; J. B. Buxton, 1883; Frank B. Skeels, 1885; Charles J. Estep, 1887, re-elected 1889, and still holds the office. Police clerks, with year of election: O. J. Hodge, 1853; Jesse Palmer, 1856; Jacob Shroeder, 1859; D. N. Gardner, 1865; F. E. McGinness, 1875; O. S. Gardner, 1877; William Baxter, 1879; Robert M. Cordes, 1885, still holds the office. THE JUSTICES AND THEIR COURTS. W. R. ROSE. And then the Justice, In fair round belly with good capon Uned, With eyes severe and beard of formal cut, Full of wi.se saws and modern instances, — And so he plays his part. —As You Like- It. The annals of the justices' courts of Cuyahoga county embody in themselves, to a great extent, the history of the progress of the people of that county. They hold up a ^Q THE BENCH AND l3AR OF CLEVELAND. truthful mirror, in which, in a continuous and ever-changing panorama, are reflected the petty transactions, the minor disagreements, the little points of equity between man and man, which make up the inner life of a bustling and advancing community. The justices' courts are the courts of the common people, and the history of the common people is the true history of the country. Of the majority of the men who in Cuyahoga county have sat upon this lesser bench, there is no reason to feel otherwise than proud. They have, with few excep- tions, administered the duties of their office with discretion and ability. Many of them have filled other positions of trust with fideHty and signal integrity. All of them have been the people's choice, and the people have rarely erred. Concerning the legal labors of the justices who flourished in Cuyahoga county before the estabUshment of the first court of record in 1810, but litrie is accurately known. No newspapers existed to chronicle their names and Solomonic decisions; their dockets, if they kept any, which is very doubtful, have crumbled into dust, and the memory of living man goeth not back to that remote date. To James Kingsbury may properly be assigned the honor of the first justiceship of the section of Ohio which now includes Cleveland. Whether he was duly commissioned or not it is impossible to tell. In 1800 everything relating to the little colony on the Cuyahoga was in a chaotic state. Out of this, by the persistent efforts of the sturdy pioneers, finally came order and then law. There was but httle need of legal coercion during the Kingsbury era, but whatever law was administered was laid down by him, we may be assured, with a strict sense of justice. He appears to have been, in many respects, a remarkable man. He had come from Conneaut to Cleveland, with his family, at the close of the century, June nth, 1797, preceding Major Lorenzo Car- ter, and at once took rank as a leader in the Httle group of pioneers. He was of the stuff that pioneers should be made — hardy, persevering, and of indomitable courage. At Conneaut he had traveled many miles, on foot, through deep snows, to procure food for his starving family ; in Cleveland he encountered hardships scarcely less discourag- ing. But he outlived them all, and for many years was one of the most active factors in civilizing the section. In 1802, as Ohio emerged from her territorial condition into the dignity of a state, and took upon her sovereign shoulders the mantle of a constitu- tion, the good people of Cleveland assembled at James Kingsbury's house, which ap- pears to have been a general place of meeting, and, on April 5th, organized a township form of government. Pioneer Rodol])hus Ed\\ards was chairman of the meeting, and pioneer Timothy Doan, clerk. Both of these men were afterwards justices. On Octo- ber nth, 1803, an election was held in Cleveland township, which was still a part of Trumbull county, and Timothy Doan, justice of the peace, signed the poll-book, certi- THK JUSTICES AND THEIR COURTS. 6l fying to the fact that twenty-two votes had been cast. On October gth, 1804, the vote had increased to twenty-six. What the duties of the early justices were, beyond signing poll-books, and on rare occasions performing marriage ceremonies, it is impossible now to state. It was undoubtedly a very peaceable community, and the worthy justices could have had no difficulty in keeping accurate records of their fees. The first violent breach of the peace recorded was committed by that Miles Standish of the Reserve, doughty Major Lorenzo Carter himself He struck a man, who might have lived in posterity if his name had been preserved. If the case came before a justice, there is no record to show it. Probably, as the early law of the township was familiarly known as " Carter's law," the injured party discreetly condoned the assault. There was a lawyer in the township, Samuel Huntington, nephew of the governor of Connecticut, and him- self governor of Ohio in later years, who had brought the bar with him in the latter part of 1 80 1, but men who were busy conciliating red savages and fighting howling wolves could have had but little time for litigation. On February loth, 1809, the legislature created Cuyahoga county, and the first court of record assembled in Cleveland township on June 5th, 1810. Judge Ruggles presided, and James Kingsbury was one of the two associate judges. Thereafter, until the close of his active life, he was familiarly known as Judge Kingsbury. Not long after the formation of the county, Rodolphus Edwards, one of the earliest setders, and a friend and neighbor of Kingsbury, was elected a justice. Edwards was another of the hardy band of pioneers who had blazed their way into the western wilderness in the closing years of the preceding century. He reached Cleveland on July loth, 1798, and from the hour of his coming had been recognized as a man of sleepless energy and ster- ling integrity. His business was that of a surveyor, and the field of his work was mainly in the direction of Newburgh. Some of the sestions in that township were laid out in a quite irregular way, and this was jokingly ascribed to the fact that he had broken his set of instruments and so had been obliged to sight the lines along his thumb, which, unfor- tunately, was very crooked. Naturally, there was a lack, in that rude period, of both law books and legal forms, and it is said that Edwards wrote out his official summons in the following original way: "In the name of God, amen. Take Notice that We, Rodolphus Edwards, a Justice of the Peace by the Grace of the .Mmighly, do hereby Summons you to appear before Us, under dread of Dire penalties and Severe tribula- tions." Ashbel W. Walworth, another pioneer, was elected a justice shortly after Ed- wards assumed the office, and was re-elected five times. Following this long term of service, he was appointed collector of the port of Cleveland, a position which he held for a number of years. In 1826, Harvey Rice, a young man of twenty-six, who had arrived in Cleveland two years before, proved a highly popular candidate for justice, and ^2 THE liENCH AND BAR OF CLEVELAND. was elected by a large majority in a very small total vote. At this period the office was rapidly increasing in importance. The duties were becoming more and more onerous, and it was no unusual occurrence for a justice to have more than one case a week to pass upon. Then, with the rapid growth of the settlement, the number of marriages naturally increased, and marriage ceremonies were the choicest plums that fell to the justice's lot. Clergymen were few and not always to be found when wanted by an iit- patient swain ; and, besides this, there was a prejudice in favor of the extra-binding qualities of a marriage by a duly-qualified magistrate. This was undoubtedly a natural outgrowth born of the irregularities of a new settlement. A great drawback to the formal administration of justice by those worthy officials was the lack of legal preced- ents. There was no Szm/i's Treatise, that sheet-anchor and saving help for countless justices who came later on, and the old English law books were not always explicit enough for the novel points of pioneer htigation. So the early justices of Cuyahoga county were obliged, to a great extent, to fall back upon the promptings of their inher- ent good sense, and, following the example of wise King Solomon, estabhsh their own precedents as they went along. \\'e may rest assured that there were few appeals from these decisions, and that the litigants recognized the fact that they were based on the simplest and most direct conception of what constituted equity. Between 1826 and 1840, Eliezer Waterman, Varnum Card, Job Doan, Dr. Samuel Underhill, Gerdon Fitch, Andrew Cozad, A. D. Smith, Porter Wells, and George Hoadly occupied the junior wool-sack of the justice's bench. Common report credits these men with the acts of competent and worthy officials. Justice Job Doan, a sturdy representative of that family which is so closely linked with the rise of the county, was a member of the legislature for one term, and died at the first visitation of the cholera, in 1834. Of Waterman, Fitch, Cozad, .Smith and Wells, little of a distinctively official character is known. They were undoubtedly good citizens and excellent law expound- ers. With a voting population of only a few hundred, it was quite impossible for a man of doubtful record to receive an elective position. Besides this, the dignity of an eleva- tion to the justice's chair was highly appreciated at that time, and only worthy men — men who had been thoroughly tested in the duties of citizenship, were wanted as candi- dates. This is the reason the early justices can be considered as representative men. They may have had crude notions of the law's technicalities, they may have been lack- ing in education, but they were men of hard common sense, and they were picked men, picked from the scanty ranks of their townsmen, who recognized in them the qualifica- tions most useful for the community's good. Dr. Samuel Underhill, justice and publisher, was one of the most original characters of that day. He was a man of considerable education, and delighted to be considered THE JUSTICES AND THKIR LOUR'I'S. 63 in advance of his age. He called himself a free-thinker, and edited a small semi-weekly paper, The Liberal, which was dex'oted to the spread of atheistic doctrines and argu- ments. The name of this paper he afterwards changed to The Bald Eagle, a journal noted for plunging its talons promiscuously into people, without regard to consequences, and it proved to be the doctors last journalistic venture. He said some harsh things about City Clerk Curtis, and that official, without waiting for the tedious process of the law to right his wrongs, seized a sledge-hammer, and, rushing to the doctor's office, proceeded to effectually reduce the primitive hand-press to metallic fragments. Tlie Bald Eagle never recovered from the shock. Dr. Underhill kept well abreast of the new ideas of his time. When Mesmer's experiments were made known, he at once became an enthusiastic mesmerist, and talked very learnedly on the subject. He was also deeply interested in phrenology. At the time of the Canadian rebellion, the doctor warmly espoused the cause of the rebels, and would gladly have plunged this country into war on their behalf, at a moment's notice. As a justice, the doctor has handed down to posterity one learned decision, which offers a most remarkable precedent. A citizen of Cleveland, a worthy man of Cerman birth, desiring to visit the fatherland, placed all his earthly treasures, including his wife, in the care of a dear and trusted friend, and hied away across the ocean with a light heart, ^^'hen he returned after a six months' sojourn, he found, to his intense astonishment and grief, that the trusted agent had settled down on the property left in his care, and, worst of all, had also assumed a proprietorship in the unobjecting wife. Astonishment and grief gave place to anger, and the injured husband sought Justice Underhill and began proceedings against the false friend. Sherlock J. Andrews, Esq., appeared for the plaintiff, and the defense was represented by attorneys Moses Kelley and Hiram V. "Willson. The case was briskly contested, and then submitted to the justice. That astute official carefully summed up all the CAidence, and finally gave a verdict for the defendant. He said that as the principal had clothed the agent with absolute authority over all his belong- ings, desiring him to take his place in every particular, he (the justice) could not see that the agent had exceeded his authority in any respect. He, therefore, discharged the defendant. Not long before his death. Dr. Underhill, in 1859, renounced his atheistic belief. In person, the doctor was a man of very large frame, stout, and with strongly- marked features. For many years he was one of the noted characters pointed out on Cleveland streets. On April 15th, 1836, a tall man with spare features, of quiet, yet dignified appear- ance, stood up before the first city council of Cleveland and administered to them the oath of office. This was George Hoadly, justice of the peace, a remarkable man in all respects. Had not the horizon of his chosen home been so circumscribed ; had he sought 64 '['HE HF.NCH AND J)AR OF CLEVELAND. Other and wider fields, he could have won the respect and love of a nation, instead of that of a strugghng hamlet. He was of a studious habit, a profound lover of books, and gifted with a singularly retentive memory. He had been a tutor at Yale, and was for some time, in his early years, a Avriter on a prominent Eastern journal. He served as a justice from 1831 to 1846, and during the fifteen years he filled the position he passed upon over twenty thousand cases, very few of his decisions being appealed, and not one reversed. When not engaged in the business of his court, he devoted himself assidu- ously to his books. He had, for the times, a very fair library, and this was a constant source of entertainment for him. Lawyers often came long distances to consult with him and to ask for precedents. "Justice," they would say, "did you ever hear or read of a case similar to this one of mine?" 'Squire Hoadly would quietly listen to the details, and then, after a moment's reflection, would point to his rows of books and say, "There, in that third row of books, the second volume from the right, you will find all the precedent you require. " There was one form of business, however, which came to the justices of that time, that 'Squire Hoadly did not want. He di-sliked to have the dignity of his court interrupted by seekers after the connubial Hnk. Not that he was hard-hearted, no man possessed a more kindly disposition, but he looked upon perform- ing the marriage ceremony as something quite removed from the legitimate business of the court, and he was very willing that the fees from this source should fall to his brother justices. Notwithstanding this known antipathy, no justice of the day was so eagerly sought after by those about to marry. If they couldn't secure his services during the time his court was in session, they would waylay him at other hours. A little incident show- ing his innate sympathy for those "unfortunates," as he was wont to term them, is pleasantly related by an eye-witness of the scene. It was late in the afternoon of a cer- tain day, and the justice was deeply absorbed in writing. Presently the door was softly opened. A shock head and a capacious, smiling countenance appeared in the door-way. This vision was followed, a moment later, by the giant form of a country youth who drew after him, by the hand, a blushing and much-beribboned maiden. For a moment they stood in silent expectancy. Then the justice looked up, gave them a sweeping glance, and looked down again at his work. "Well," he presently said, with a slight burr of gruffness in his tones, "what's wanted?" "Nothin'," stammered the frightened youth, "that is, nothin' much." "Want to get married, I suppose?" said the justice, a moment later. "You've guessed it," answered the youth, with a broad grin. There was another interval of silence, broken only by the scratching of the 'squire's pen. "Come here," he said, THE JUSTICES AND THEIR COURTS. 65 The couple moved to the desk. He questioned them briefly, uttered a dozen hasty words, and went back to his writing. Still they hngered near. There was a long pause. "Say," said the youth, "when are you goin' to marry us, 'squire?" The justice looked up. "My friend," he said, "you are married for time and eternity. Do you expect to have the period extended?" The bridegroom looked puzzled for a moment. "Well," lie said, "anyway, you forgot somethin'." And he drew from a big wallet a three-dollar state bank bill and threw it on the justice's desk. The 'squire looked at it and then produced a dollar and fifty cents in change. "Keep it all, 'squire," urged the bridegroom, "it's wuth it." The justice pushed the money into his hand. "My friend," he said, "it isn't worth a penny more than I ask, and the time may come when you will think I grossly overcharged you. There, there," he added, with a wave of his hand, "go and be happy." And the scratching of the busy pen recommenced. In 1846, George Hoadly was elected mayor of Cleveland, and made as good a chief municipal officer as he did a justice. He was an ideal office holder, prompt in business, dignified, courteous, of sterling integrity, and with his whole soul wrapped up in his duties. There was a general and wide-spread feeling that the community had suffered a serious loss when, a few years later, he removed his home from Cleveland to Cincin- nati. Almost forty years after the inauguration of Mayor George Hoadly as chief municipal officer of a city of a dozen thousand inhabitants, his son, another George Hoadly, a man closely resembling his revered father in many respects, was inaugurated governor of the great commonwealth of Ohio. The justices of Cleveland township, in office in 1840, were I. F. Benedict, John Day, John Gardner, and George Hoadly. They were all citizens of credit and consid- erable renown. Benedict was re-elected in 1842. In 1841, John Barr, one of the earhest settlers on the Reserve, was elected a justice, and held the office for three terms. He was the son of a Presbyterian clergyman, and a man of literary ability and general intel- ligence. In 1844, he owned and published a paper called The Campaigner and Tariff Advocate, which was started in the interest of the Whig party, and boomed Henry Clay for the presidency. Barr's papers concerning the early settlement of the county are graphically written, and have much historical value. He had, previous to being elected a justice, served one term as sheriff of the county, and in 1856 was clerk of the courts. He Hved to see the wilderness at the mouth of the Cuyahoga transformed into a large and prosperous city. In 1843, Melancton Barnett was made a justice. He was an excel- lent citizen in all respects ; an upright, candid and thoroughly capable man. As county treasurer he administered the duties of his office with the strictest fidelity, and no man 56 THE BENCH AND BAR OF CLEVELAND. was considered more worthy of the highest public trusts. He served as justice for two terms, being re-elected in 1846. Edward Hessenmueller was chosen as a justice in 1843. Mr. Hessenmueller afterwards sat upon the police court bench, and in both offices made a commendable record. He was re-elected a justice six times, serving eighteen years in that position, a strong proqf of the public confidence reposed in him. Isaac Sherman was one of the justices elected in 1843, and Charles L. Fish among those elected in 1846. In 1847, James D. Cleveland, a young man who had come to the city in 183s, was made a justice. He was one of the youngest men chosen for the office; ambitious, active and industrious. He varied the labors of an attorney with consider- able journalistic work, acting for some time as associate editor of the Cleveland Plain Dealer, with J. W. Gray as editor-in-chief He was afterwards elected clerk of the courts, and considerably later on filled the office of police judge. He served two terms as a justice. In 1849, George W. Lynde was a justice, and in the same year ex-city councilman George B. Tibbetts began a fifteen years' term of service in the same posi- tion. Tibbetts was a mild-mannered, conservative man, and was looked upon as a fixture in the office. He was a good, old-fashioned Democrat, but that fact did not prevent his receiving Republican support when he ran for the office in 186 1. In that year the nomination, which he had come to look upon as a perpetual heritage, was withheld from him and given to Attorney L.J. Rider. He could have had the endorse- ment of the Republicans, but preferred to run as an independent candidate. He issued a letter to the voters, setting forth his claims upon the office, and was triumphantly elected to serve what proved to be his last term. He died shortly after its close. The new state constitution of 185 1 more closely defined the duties and number of justices, but made no change in their methods of transacting business. The office con- tinued to be supported by fees, and the amount of business transacted by the justices compared favorably in volume with that of a generation later. Cases of much higher average importance were submitted to them, and litigation, which thirty years later would invariably have been decided in the higher court, was then left to the adjudication of the justice. The purchasing value of money at that time was so much higher than toward the close of the century that suits involving comparatively small sums were of much greater relative importance. Quite a profitable source of income was derived from fees for performing the marriage ceremony, and from this direction certain justices, noted for their ability as knot-tiers, derived a welcome addition to their income. This busi- ness gradually went over to the clergy, until the pleasing appearance of blushing seekers after legalized connubial joys became a rare occurrence in the prosaic office of the justice. In 1852, Erastus Smith was a justice. In 1853, Almon Burgess and John Philpott filled the office; the latter a popular and promising young attorney. He was killed at THE JUSTICES AND THEIR CdURTS. 67 the head of his company by a cannon ball, in the early part of the Rebellion. In 1856, George H. Benham began the first of the four terms he served as a justice, and in the same year Henry Chapman and Isaac C. Vail were also elected. Vail was a young man, but had already won a bright record at the bar. He did not serve out his term as justice, being elected police judge in 1857, the youngest man who has sat upon the bench in Cuyahoga county. When the war broke out he went to the front in command of a company. He was stricken down by typhoid fever while in the service, and died at Danville, Kentucky, at the age of thirty-three. His funeral was one of the most largely attended ever held in Cleveland. In 1858, John R. Fitzgerald was added to the Hst of justices. He was a citizen of Irish birth, and a man of scholarly attainments. He had been a parliamentary reporter for the London Times, and was a regular correspondent of the Nno York Herald. He possessed a classical education, and was proud of exhibiting this fact on all possible occasions. To this peculiarity may be attributed much of the grandiloquent air which characterized him in his official relations. Nothing appealed quicker to his good favor than a recognition of the fact that he was familiar with the dead languages. On one occasion a case came before him involving the ownership of a cow, and incidentally introducing allusions to a certain bridge on the plaintiff's farm. The attorneys in the case were C. L. Fish and John W. Heisley, Esq. The attorney for the defence, realizing that his side of the case was a weak one, resorted to a neat bit of strategy to help his cause. He deftly interlarded his remarks with choice Latin phrases. When the first one fell upon the justice's ears, those worthy organs were pricked up with keen astonishment. When the attorney carelessly introduced bovwn, the magistrate graciously smiled, but when transpontine fell from the attorney's lips the good Justice could scarcely contain himself with sympathetic delight. It is needless to say that the classical flank movement went a long way toward deciding the case. Jus- tice Fitzgerald was a great admirer of Daniel O'Connell, and frequently introduced extracts from that eminent orator's speeches into the dry details of his office work. He had repeated "as O'Connell said" so often that it became a by-word. On one occa- sion, however, he received something of a set-back. He had just commenced "as O'Connell said," when he was interrupted by an attorney, who gravely inquired: " Ex- cuse me, sir, but who is this ass O'Connell? " After leaving the justice's office, Mr. Fitz- gerald taught a private school and was thereafter known as Professor Fitzgerald. He died suddenly of heart disease in 1865. He was a man of strong social instincts, and of a very kindly nature. In 1858, Madison Miller, who had been sheriff of the county in the early '40's, was among the justices elected. Miller was a man of much dignity, and had been one of the most ardent supporters of Henry Clay in Ohio. Wells Porter was also a justice in 68 THE BENCH AND BAR OF CLEVELAND. 1858. The latter was an elderly man of eminent respectability, who already served as a justice before Cleveland became a municipality. He was re-elected in 1861, '64,. and '67. In 1859, Samuel Foljambe was elected, and in 1861, Julius H. Brown and J. S. Allen were chosen. The justices elected in 1863 were Daniel Stephan and Frederick A. Brand. Justice Stephan was of German Hneage, and transacted a very large busi- ness with the citizens of Teutonic descent. He made an upright official, and this fact is attested by his re-election to the place three times. Justice Brand served three terms and proved himself worthy of the honors of the place. In 1864, George Hester, George A. Kolbe and Wells Porter were elected. Both Justice Hester and Justice Porter served two terms and made good records. Justice Kolbe sat upon the official chair of his court for twelve years, and no character or figure in Cleveland was better known than his. He was short and stout, and his rigid adherence to his own ideas of dress, in utter defiance of the edicts of fashion, made him a marked man. The tremendous breadth of beam of his official trousers was a subject of daily comment by citizen and stranger, and few theatrical or minstrel organizations came to the city without testing the fact that any allusion to the 'squire's nether garments was sure to meet with a quick and sympathetic acknowledgment. Kolbe was of German birth, a man of fair educa- tion and of much industry. He was not blessed with this world's goods to any extent, and tried in various ways to add to his slender income. He taught school, and for a time had a small circulating library. Even after his election as justice he continued his pedagogic duties for a considerable period, giving up his evenings to this work. In his court room he was dignified, and rendered his verdicts with conscientious care. The slight feeling of amusement created by his appearance on the street never followed him into the court room. He was always proud of his knowledge of the law, a knowledge gained under difficulties, and he often made allusion to this fact. Many of the attorneys, however, suspected that all of the law the justice knew was included between the covers of his Swan's Treatise, and one day when 'Squire Kolbe was particularly emphatic in laying down the law from his standpoint, an attorney suddenly snatched the treatise from the official desk and flung it out of the window onto an adjoining shed, at the same time exclaiming, "now, where's your law?" The 'squire could appreciate a joke. "Gentlemen," he said, with his strong Teu- tonic accent, "gentlemen, I adjourn the court." Justice Kolbe served the township between the years 1864-1876. In 1867, Horace N. Bill was elected and served one term. In i868, George Arnold was chosen and also filled the position one term. Major George Arnold was one of the most original officials that ever sat in the chair of authority. He was a German, and while he possessed many of the most marked characteristics of the race, he had but little of the THE JUSTICES AND IHFJR CrtUR'IS. 69 phlegmatic disposition which is commonly associated with men of Teutonic birth. He ■was fiery in act and speech, and could not brook contradiction. He felt the dignity of his position keenly, and his little court was a throne-room when he was in the chair of justice. He was quick in repartee, and possessed a fine sense of wit. The major had served in the Union army during the Rebellion, and at Shiloh received a bullet wound in the back. This wound troubled him for years afterwards, both physically and in his sensitive mind. Every httle while some joking individual would make a sarcastic allusion to the location of the hurt, and perhaps express wonderment over the fact that the rebel bullet had overtaken him. " I'll dell you chust how I got dot bullet in de pack," said the major one day to one of his tormentors. "There vas a rebel pattery up on a hill a playin' the mischief mit our poys, und I said to my gompany, ' come on, an' ve will dake dot pattery !' Ve charged up de hill und capchured dot pattery. Then the rebels raUied und charged pack again und drove us down the hill, und recapchured dot pattery. Then I said, 'poys, ve must have dose guns, come on !' Up we charged again, und drove off the rebels und took the pattery once more. Pack came the rebels Hke tigers, und drove us off again, und the pattery vos still theirs. Then I got mat. I stood out in front of my gompany und I turned round to dem, und I said as I waved my sword und pointed mit my thumb over my shoulder, ' poys, we will dake dot pattery this time, und, by shiminy ! we will keep it ! Come on !' Und chust as I yelled ' come on !' a big rebel cheneral up on the hill looked through his spy-glass und said : ' Look at dot big, fat Dutchman down there ; dot's de feller dot's makin' all de trouble at Shiloh ! Shoot him ! ' Und so a sharp-shooter up mit his rifle und shot me through de pack. Und when the cheneral saw me fall, he folded up his spy-glass und said, 'dot settles it !' und went in to dinner." The major was extremely punctilious over the amount of respect which must be paid him in his official capacity. He was inclined, when excited, to grow very profane, and could ratrie off" oaths hke a volley of musketry. One day an Irishman entered his office when the justice was at his desk writing, and, wiping the perspiration from his brow, muttered something about the stairs " being dom hard to climb." An attorney who chanced to be in the room, and dehghted in stirring up the justice, turned to the new-comer and sternly remarked: " My friend, you must be careful how you swear in the presence of the justice." The major looked up like a flash. " What's that?" he shouted. " Swearing in the court room ! Why, you, if I hear you get off" any more of your swearing in my presence I'll send you to the county chail, me if I don't ! For contempt, you, for contempt !" As the frightened Irishman disappeared through the doorway, the major turned to the attorney and ^Q THE BENCH AND BAR OF CLEVELAND. gravely remarked: "I don't intend to have any brofanity in this court room, if I can help it ! " For some reason the fiery major was slightly hostile to his brother justice, George A. Kolbe. This feeling never went farther than occasional sarcastic remarks concerning 'Squire Kolbe's personal appearance. One day a case came before 'Squire Arnold in which a German was accused of wrongfully appropriating a quantity of twists, used in weaving. The evidence against him was clear, and when it was all in the major looked down at him and solemnly said: "There is no doubt apout your stealing this man's twists. The evidence convicts you. I am surbrised dot you took sooch a risk for such a worthless article. If you wanted twists so padly there vos other ways of getting them pesides stealing. If you was grazy for twists why didn't you go to 'Squire Kolbe and ask him for his peautiful long hair? Ten dollars and pay the costs." One day a duly appointed committee of attorneys called upon the major and questioned him regarding his knowledge of the law. They asked him what would be the effect of altering a contract after it had passed from the maker's possession. "Suppose," said one of the attorneys, "suppose a note is given to a man and he adds some words to it. Who will be the loser? " " The man who made the note," answered the major instantly and triumphantly ; "'cause why? 'cause he had no peesness to be sooch a fool as to leave space to write somedings else in !" Major Arnold practiced law for some time after his term as justice expired, and was noted for the originality of his arguments and the humor of his questions. He was once interested in a case growing out of a suit for divorce. The divorce had been granted, and in making a settlement of the property the husband was permitted to remove the bed formerly occupied by him. He sent to his late home, and, instead of taking the bed — a single one — which he had occupied previous to his leaving his wife, he carried off a double bed of much more value. The bed was replevined, and the case brought before a justice. It was clearly proved that the defendant had not for fifteen years slept in the bed which he had taken, and that he had used the single bed for some considerable time before the separation. Then Major Arnold addressed the court. " It is glaimed," he said, " dot my chent has taken the wrong bed. I deny it. The court gave him the bed formerly occupied by him. The plaintiff's lawyer says the single bed is the one meant. I deny it. If the single bed occupied by my client for the last three years is the bed formerly occupied by hiin, then the bed he slept in fifteen years ago must be a tam sight more formerly, and dot's what's the matter ! " And the worthy major sat down with a beaming smile. He lost his case, however. With thoSe he considered his inferiors in intellect the major was inclined to be a THE JUSTICES AND THEIR COURTS. 7 1 little overbearing. He would draw himself up and look down upon them with haughty austerity. One evening he stood at the foot of the stairs leading to his office when a fellow-countryman came by and ventured to stop and mildly remark : " Good evening, 'squire. I think it vos better if we hat a htde more street lamps lighted. " No reply from the major. " We vos having a pooty dark night this evening," he ventured again. Still no reply. The speaker tried once more. ' 'It is a goot thing the lamps up there vos burning all right," he said as he pointed to the sky, where the stars were making a wonderful display. " Dot one off there, especially. I never seen a brighter feller.'' With great dignity the major condescended to raise his head and look at the star indicated. Then he gave a sHghtly contemptuous snort, and in deep and heavy tones, expressive at once of the common character of the star, of his own superior astronomical knowledge, and of the other man's gross ignorance, slowly remarked, ' ' Dot's Jew- peter! " The worthy major has been dead (1889) for a number of years. Beginning in 1869, Col. Edgar Sowers served one term as a justice. In the year 1870, Homer Strong, Gen. David L. Wood and P. W. Payne were elected to the office. Strong served two terms, being re-elected in 1873. General Wood occupied the position but one term. He was an old citizen, and had held a number of municipal offices. As a justice he was dignified and almost unapproachable, but conducted his court in a manner that was beyond criticism. He died a few years after his term expired. P. W. Payne served one term. He was a careful, conservative official, and left an excellent record. In 1872, George T. Smith, and in 1873, John P. Green, H. P. Bates and E. W. Goddard were the new men elected justices. John P. Green is deserving of more than passing comment, the circumstances under which he obtained the office entiding him to much credit. He was a very young man when selected to fill the place, and was the first and only colored man elected a justice in Cuyahoga county. He obtained his education in the Cleveland public schools, graduating with honor from the Central High School. In order to secure this education he was obliged to earn sufficient means to support himself while attending school. During his law studies he kept up this employment, that of a hotel waiter, and within a few months after throwing off his waiter's apron was counsel for the defense in one of the noted murder cases of the county— that of Stephen Hood. He proved a highly popular justice, deciding a very large number of cases during the three years he served. He was re-elected in 1876 and 1879. Later on he was chosen to represent the county in the Ohio legislature. H. P. Bates filled the office of justice two terms, being re- elected in 1876. E. W. Goddard was re-elected in 1876 and in 1879. In 1874, Charles ■J 2 THE BENCH AND BAR OF CLEVELAND. H. Babcock was made an incumbent of the justice's office in Cleveland township. Justice Babcock is the veteran justice of Cuyahoga county. He served six terms in Brooklyn township, beginning in 1853. He was a well-known citizen, and was noted for his sociable and entertaining character. He was prominent in convivial and political gatherings, and his presence was always recognized by loud calls for some one of his special means of entertaining. One song in particular, it was entitled " Move Your Family West," for years was invariably demanded whenever Babcock appeared at any public meeting. He carried into the justice's chair much of the humor which charac- terized him as a private citizen, but never overstepped the bounds of propriety. Some- times the tables were neatly turned on him. On one occasion he specially instructed a newly elected constable to proceed to a certain householder's premises and there take possession of property sufficient to satisfy the amount of a judgment. "Look around carefully,'' he said to the constable, "and. take the most valuable article you can find. Try and find out what the family consider the particularly precious thing in their possession, and then seize upon it." The officer departed, and was gone a little more than an hour. When he returned he bore a bundle in his arms. "I've got it," he said, with abroad smile ; " I've got the most valuable thing the family possessed." The justice looked gratified. "Ah," he said, "have you? What is it?" The constable uncovered his prize. "It's a baby!" he simply announced. It was a baby, sure enough. Unmindful of the dignity of the court, it lifted up its voice and sent forth a screech that made the 'squire shudder where he sat. "Take it away," he feebly murmured, "take it away." And the smiling constable turned and handed the screeching infant to its mother, who wasn't far away, and then carefully endorsed his writ, " nothin' realized." Justice Babcock served three terms, being re-elected in 1877 and 1880. In 1875, Frederick Buehne began a term of service as justice, and in 1876 the new men chosen were Albert H. Weed, Felix Nicola, A. J. Hamilton, T. D. Peck and William K. Smith. Justice Peck had served one term in East Cleveland township and was re-elected in Cleveland township in 1879, 1885 and 1888. Justice Nicola had served two terms in Brooklyn township, and had been sheriff of the county. In 1879, the new incumbents of the place were Frank H. Kelly, E. R. Griswold, R. W. Denham and E. H. Bohm. Justice Griswold was re-elected in 1884 and 1889; Justice Bohm in 1885 and 1888. In 1881 and 1882, the new justices were William Jones, William Fuller, O. H. P. Hicks, Isaac L. Gleeson and F. H. Biermann. The last named was re-elected in 1887. In 1883 and 1884, the new justices were William R. Ryan, C. W. Coates, W. J. Hart and Charles G. C. Lagervall. Justice Hart was re-elected in 1886. In 1886, the new incumbents were Samuel S. Marsh, Levi F. Bauder and Edmund Kitchens. The last named was re-elected in 1889.. The seven THE JUSTICES AND THEIR COURTS. 73 justices of Cleveland township in the latter year were W. J. Hart, E. R. Griswold, F. H. Biermann, E. H. Bohm, T. D. Peck, Edmund Kitchens and Levi F. Bauder. In this brief review of the justices only those have been enumerated who served their fellow-citizens in Cleveland township. Among the worthy and well-known incumbents of the office in the surrounding townships may be mentioned M. W. Bartlett, Euclid; Henry Chapman, Middleburgh ; Albert Wager, Rockport; Benjamin Lamson, Bedford; John Coates, Brecksville; Edwin Fuller, East Cleveland; D. L. Wightman, Newburgh; L. M. Gates, Mayfield; M. E. Gallup, Strongsville; Theodore Breck, Brecksville; J. M. Poe, Brooklyn. In 1886, the legislature passed a bill which very materially affected the justices of Cleveland township. This bill, as will be seen, gave the justices a fixed salary in place of the fees which they so long had looked to as a revenue. The act reads as follows: Sec. 621, -^^-^^ /l.rd^ ANECDOTES AND INCIDENTS. 14I money I had. This left me penniless again ; but I thought a wife at that price cheap enough. She proved to be a jewel above price. Soon after my marriage, I was em- ployed by a gentleman, who had tired of the "silken tie" that bound him, to obtain for him a divorce. If I succeeded, he agreed to pay me a hundred dollars. I did succeed, and in the evening of the same day the divorce was granted he married an- other woman. The fee I received enabled me to commence housekeeping. In 1830, I drifted into politics, and was elected a representative to the legislature. Near the close of the session, I was appointed agent, by that honorable body, to sell the Western Reserve school lands, some fifty thousand acres, located in Holmes and Tus- carawas counties. I opened a land office at Millersburgh, in Holmes county. The law allowed me three per cent, on cash receipts, for my services. In the first five days, I received from sales fifty thousand' dollars, and my percentage amounted to fifteen hundred dollars. This sudden windfall made me, as I then thought, almost a millionaire. It was my first pecuniary success in life, and the first time, after a lapse of eight years, that I became able to pay my college tuition, for which I had given my note. In 1833, I returned to Cleveland, and was appointed clerk of the county courts, a position which I held for seven years. In the meantime, I was twice nominated for Congress, and in the race made a narrow escape from falling into the moral dangers that beset the footsteps of congressimen. In 1851, I was elected to the State Senate, and was made chairman of the com- mittee on schools. Among other things pertaining to legislation, I prepared and intro- duced the bill reorganizing the common school system of the state, which became a law, and which, in its main features, still remains in force. I also introduced the original reform farm school bill, which was postponed to a subsequent session. When my term expired, I was renominated to the Senate. My good friend, Hon. John A. Foot, was nominated as the temperance candidate to run against me, and though I had voted for the most stringent temperance measures, yet it got noised abroad that Mr. Foot was the better temperance man, because he did not allow his wife to put brandy in her mince pies, while Mr. Rice not only allowed his wife to put brandy in her mince pies, but in her pickles too. The result was that Mr. Foot was elected. He made a good sen- ator, and took up my reform farm bill where I had left it, and was largely instru- mental in securing its passage, locating the school at Lancaster. Notwithstanding this crucial test in my political experience, and the seeming reason that caused it, I was subsequently honored with several important official positions, which I accepted but did not seek. In the various public positions in which I have been placed, it has ever been my aim to discharge my duties with fidelity, and without 142 THE- BENCH AND BAR OF CLEVELAND. regard to selfish interests. If I have done anything that benefits my fellow men, I shall feel that I have not Hved in vain. Life in itself is- a mystery, and longevity but a brevity. The gate stands ajar, through which all must pass into the unexplored hereafter. Yet we have the assurance that the passage is neither dark nor perilous when cheered by the " star" which the wise men of old saw in the East. This assurance is an inspiration, and may be accepted as the utterance of a divine philosophy. Whoever attempts to fathom the ' ' unknow- able " has yet to learn that the finite cannot comprehend the infinite. Nevertheless, we are all born of the infinite, and must ever remain a part of its mystery, with a soul- life that is not only immortal but forever progressive. STORIES OF PIONEER DAYS. JAMES M. COFFINBERRY. Nearly forty years ago, professional business called the writer to Logansport, Ind. Well mounted on Lige Williams' Apoloosa mare, better known as " Old Spiketail," he left Findlay at day-break, and reached a brand-new village at the junction of the Miami Extension and the Wabash and Erie Canals at early moonlight. Born and reared among the pioneers of Richland county, Ohio, and transplanted into the ' ' Black Swamp " in big boyhood, then the muddiest little Eden on this planet, and now the Egypt of Ohio, he had rarely encountered a more infernal road than that between Findlay and the Junction. The mud had frozen just enough not to bear a horse's weight, but quite enough to cruelly cut and scar the good beast's legs from her hoofs to her knees. After thoroughly washing the poor animal's legs with warm water and castile soap, rubbing them dry with his hands, and giving them a good coat of white lead and linseed oil, on the recommendation of genial James G. Haley, he left her to her much- needed rest. Up and off at day-break, through an almost unbroken forest, with the mercury sinking below zero, he wended his sohtary way until after night-fall, when he en- countered an extensive clearing, where the trees, after having been cut down and chopped off into logging lengths, were left to lie where they had fallen, and through which he sought in vain to find his way. Believing that somebody lived near this extensive betterment, and being deep-chested and leather-lunged, he hallooed long and loud until STORIES OF PIONEER DAYS. 143 his eyes were gladdened with the sight of a man, with a hickory bark torph, approach- ing him. As he came near, the light revealed a path, over which the mare started on a trot, but she Struck a low stump such a terrible thump that the man who was there, on the spike-tailed mare, didn't go "up in the air," or stay where he was, but fell, mare and all — a most ridiculous fall — right onto the man with the torch. The poor fellow gathered himself up and spht for the woods, refusing to believe that I was not the devil on horseback and meant him no harm. I gathered up his expiring torch, and found my way out of the chopping by its light. We reached Fort Wayne at midnight. The next morning, at the breakfast table, I met a former Maumee acquaintance, Mr. William Richardson, employed in a bank controlled by the Ewings, who were largely interested in the "American Fur Company." He introduced me to a pleasant, in- telligent young fellow, who told me he was going my way and would be glad of my company. We reached either Lagro or Peru, I cannot now remember which, about ten o'clock at night ; rode up to the best hotel, but could not be entertained there, as the landlord said that, it being Christmas eve, there was a large dancing party in his house, and every room and bed in it were engaged. We sought and found the only other public house, but found it filled with a roystering mob, who were zealously celebrating the nativity of Christ with a drunken debauch ; but it was late, the weather was inclement, and our horses and their riders were unequal to a further prosecution of their journey without rest. We accepted the situation, ate a miserable supper, got a more miserable room, and a bed that made our room and supper luxurious. As we were preparing for bed, my companion asked if I would let him lie next the wall, and we arranged ourselves accordingly. He then told me that he was an agent or confi- dential man of the Ewings, or of the " American Fur Company;" that they owned a bank in St. Louis, and another in Fort Wayne ; that it was their policy to pay out St. Louis currency at Fort Wayne, and Fort Wayne currency at St. Louis, and thence west to the Rocky Mountains; said that he had brought a large amount of the issue of their St. Louis bank to Fort Wayne, and, taking my hand and pressing it over a large money-belt around his waist, said : "I am now returning home with $20,000 of Fort Wayne currency in this belt, and that is why I was anxious to travel in your company, and why I prefer to sleep behind, as I find, to my dismay, that there is neither bolt nor lock to the door of this room, and the house is filled with drunken rowdies who would murder me for the money on my person." He then told of a young gentleman formerly in the employ of his company who 144 THE BENCH AND BAR OF CLEVELAND. Started, from one of its banks to the other, several years before, with a large amount of currency in charge, who had disappeared and was never again heard from, and as his character was above suspicion, his employers had no doubt but that he had been robbed and murdered. Seeing that he was nervous and apprehensive of trouble, I endeavored to withdraw his thoughts from himself by giving him some account of Frank Hollister, John Fury, Julius and Chester Blinn and Shibnah Spink of Perrys- burg, Allen Brougher, of Allen county, Ohio, and other hard-riding. Jolly good fel- lows of my acquaintance, who were then scouring the forests and pioneer settlements of Michigan, Indiana and Ohio, purchasing peltries. I talked so well that I soon soothed him to sleep, and now propose to do the same kindly office by your readers, whilst I digress for a paragraph or two from this " o'er true" narrative. I hazard nothing in asserting that forty-three years since there was not as much value in agricultural implements in both Wood and Lucas counties as there is now in a single township I could name in Wood county. Thousands of white oak and black walnut trees, which would now be worth a mint of money, were logged and burnt to ashes, at a great cost of labor, simply to get them out of the way. There were then thirty-two houses of entertainment on the highway between Lower Sandusky (now Fremont) and Perrysburg, a distance of but thirty or thirty-one miles, and such was the condition of the road that it was not an unusual thing for emigrating families to move or try to move diligently all day for two consecutive days, and lodge both nights at the same house, although the next hotel on their route was not one mile distant, and they had employed two yokes of cattle to assist their own team. In that day, minks and muskrats were trapped on Swan Creek, in the immediate vicinity of that now great commercial mart, railroad centre and grain emporium, the city of Toledo. That mighty Nimrod, Judge Emory D. Potter, killed deer and turkey within the present hmits of the city. Thousands of canvas-back ducks found Fall and early Winter quarters, abundant water, and grew fat on wild rice where the ' ' Middle- grounds " are now so thickly covered with railroad tracks that the landscape presents the appearance of an overgrown gridiron. That bewildering, headache-engendering maze of tracks, Y's and turn-tables, in the southerly margin of the city, conceived in the interest of some private lunatic asylum, had not been dreamed of But the em- bryo of the enterprising city was in the spunky village. Toledoans then, as now, in the van of every great public enterprise, were medi- tating that colossal labor of building a wooden railroad through the ' ' Cotton-wood Swamp " to Adrian, to be operated by horse-power, and the writer passed over its STORIES OF PIONEER DAYS. 145 wooden rails to Blissfield, when it was the only railroad west of the Alleghany moun- tains. Horsemen wallowed belly-deep through stagnant ponds in Wood county, over the same prairies which now produce forty bushels of wheat, fifty of oats, and eighty of shelled corn to the acre. Mink and muskrats abounded in the sluggish waters of the Maumee, the Auglaize, the Portage, Blanchard's Fork, Hog Creek, Riley Creek, Eagle Creek, Ley Creek, Bean Creek, Swan Creek, Tontogany, Touisant, etc. The pioneers' cabins were stuccoed over with drying coon skins. Hunting and trapping were then as common, profitable and legitimate as any other business, and the arrival of " Jule Blinn " or " Shib Spink" with money to pay for furs was hailed and heralded from cabin to cabin with a degree of happy excitement which can only be measured or appreciated by those who can recall the needs and privations which those visits supplied and relieved. For many years the tide of immigration passed through and around all this rich, level, heavily timbered district, into Michigan, Indiana and Illinois. There was little or no appreciation in the value of the realty, and the prospects of the early settlers looked extremely gloomy and hopeless ; but thanks to the courage, industry and bull- dog " hangonitiveness " of those plucky pioneers, the black clouds have lifted, and pri- vations and hard times have passed away forever. The forests are felled or pruned down into park -like pastures ; churches and school-houses have arisen where bull-frogs sung and snakes hissed. The stagnant, sickly ponds are drained, little patches of corn are swallowed up in great fields, producing millions of bushels annually. Log cabins have given place to spacious, tasteful mansions, and poverty is succeeded by opulence and security. But to my story. I, too, dropped off to sleep, but was soon aroused by feeling my comrade leap out over me to the floor and rush out of the room. I joined the chase, saw him close upon a man who was making good time to escape, but at an angle in the hall, or cross- hall, we lost sight of him in the dim light, and gave up the pursuit. He said he was awakened by feeling some one tugging at his money-belt, and, upon examination, we found two of its three buckles unbuckled, and realized how narrowly he escaped the loss of the money it contained. He declared that he would not close his eyes to sleep again, and I volunteered to share his vigil, but human nature can only bear about so much, and we soon sank to sleep again. My sleep was haunted with fancies that my comrade had been robbed and mur- dered, and that suspicion rested upon me. Twice I awakened and found myself sit- ting up in bed to protect him from imaginary robbers. Taking it for all in all, it was not a restful night, but day-break came at last, and we resumed our journey. For 146 THE BENCH AND BAR OF CLEVELAND. obvious reasons, we kept our own counsels as to the event of the night. Whether he had shadowed us from Fort Wayne, or our bed-chamber talk had been overheard, I never knew. If I were compelled to elect whether I should go to bed again with $20,000 in money or a nest of enterprising hornets, I might hesitate, but think I would cotton to the currency. In or about the Summer of 1838 or 1839, we had a terrific storm at the foot of the rapids of the Maumee. Many chimney tops were blown over, and several roofs blew off. The "Exchange," a very large new brick building, erected by Gen. John E. Hunt and a Mr. Bebee, in Maumee City, for a hotel and mercantile purposes, was blown down, or rather three or four of the upper stories were toppled down over and around the first or ground story. Parts of the upper portion were unfinished, but the entire building was enclosed, and several tradesmen were doing business on the ground floors. The storm burst suddenly upon the valley without premonition, and two young gentlemen, Mr. Geo. H. Nitchie and a Mr. Cook (if memory is not at fault), doing business in the block, were deeply buried in the ruins. The site of the colossal structure was near the river bank, and so conspicuous that its collapse was seen by many of the people of both villages (Maumee City and Perrysburg.) Every- body seemed intuitively to know that some of those doing business on the block were overwhelmed by the fallen roof and crushed walls, and as soon as the fury of the storm would ijermit, most of the male population were on the ground, working with fierce energy to save the lives, or at least to learn the fate, of those so suddenly buried under thousands of tons of massive wall and huge timbers. It was soon "ascertained that part of the lower story had not fallen, and both of the young merchants were happily relieved uninjured from their perilous surroundings. After the rescue, and when the excitement had somewhat abated, General Hunt stood pensively contemplating the ruin, when "Old Petowoquet," an Indian chief, came daintily threading his way with his moccasined feet through the widely-scattered debris of the fallen building, and laying his hand on the general's shoulder, he sen- tentiously exclaimed, " Wagh ! wagh ! ! Genel Hunt — white man dam fool — build too much wigwam — bust 'em." The following lines were written more than forty years ago, in compliment to three beautiful and accomplished young ladies of Maumee City. One of them, a bright, sparkling blonde, whose pleasant wit and brilliant repartee would have ren- dered her a "bright particular star" in th€ best society of this or any other country, STORn'.S OF I'lONKKR D.VSS. 147 is long since deceased. Of one of the others, the writer has lost sight. The remaining one, although a grandmother, is still a most beautiful and attractive woman, scarcely less charming in the mellow maturity of her mind and person than when, in her teens, she modestly and unconsciously reigned as the acknowledged belle of the Maumee valley. In their hospitable home, the writer for the first time heard the music of a piano. Young and susceptible, subjected to such sights and sounds, he might well be excused in mistaking the lofty enthusiasm of his feelings for poetic inspiration, and attempting to celebrate in song the perfections thus revealed. Forty years have cooled his ardor — he no longer calls his lines poetry, but the lapse of time has not effaced the grateful recollection of that trio of graces, and their honored parents, whose obliging character and kind consideration contributed so much to the pleasure and profit of his early manhood. Orpheus, 'tis said, of yore, Ere Music's skill grew ripe, Drew trees enamored" to his bower, With burnished leaf, and fragrant flower To hear his Sylvan pipe. Then, O ! if this be so, And who can prove 'tis not ? When witching beauty, grace and' youth. Perform with matchless skill and truth, What mad'ning freaks are wrought ? Then, O ! Sophia cease. Blend not thy voice and touch, Or victims to thy every grace, Thine eyes so blue, and sweet fair face. Will crowd thy shrine too much. And Marion, have a care ! Thy "Willow by the Brook" Will many an ardent heart ensnare, Deal death and havoc unaware. Joined with thy witching look. Elizabeth, desist ! To play on human hearts, For whosoe'er thy spell resists. Unless some pitying god assists, Plays superhuman parts. One of the early efforts to reclaim an escaped slave, under the provisions of the fugitive slave law which did so much to intensify the hatred of slavery in the free 148 THK BKNCH AND BAR OF CI.EVF.I.ANn. States, was made at the foot of the rapids of the Maumee river. Henry Goynes, a bright, handsome, gentlemanly mulatto, who had kept a barber's shop in Maumee City for several years, and whose pleasant manners and modest deportment had made him a favorite with the people of Maumee City and Perrysburg, was arrested by a federal marshal and his posse of slave-hunters from Kentucky, who were hurrying him off for the other side of Mason's and Dixon's line, when a writ of habeas corpus was sued out by a brace of newly-fledged lawyers in Perrysburg, and the prisoner was brought before Elijah Huntington, then and for many years before and after an astute, honest, stubbed justice of the peace, who hated slavery with a holy hatred. The marshal and his posse blustered, cursed and threatened, and his experienced counsel jeered and bullied the callow hmbs of the law who had dared to question the legal sufficiency of an arrest and detention of a slave by a high and mighty marshal of the United States of America, in a manner so disrespectful, overbearing and insulting, that it put the freedom-loving audience who crowded the court room upon their mettle. Every ruling made by the justice against the marshal on interlocutory questions was greeted with smiles and sup- pressed applause, and tears of sympathy for the prisoner at the bar were not wanting. It gradually became apparent from the angry flush of the old magistrate's face, the beaded drops of perspiration on his corrugated brow, and the increasing snappishness of his rulings, that he despaired of finding legal means of deliverance for poor Goynes. Every one knew that the old justice would rather die at the stake than to consciously swerve the variation of the needle from the pole, from the strict letter and spirit of the law. The spectators were growing angry and desperate ; curses were muttered upon the law and its minions, and a breach of the peace was becoming imminent, when the prisoner sprang ten feet from his chair, with the agility of a tiger, and shouted at the top of his voice, "A dead hoss or a free nigger," dashed to the street, and leaped upon a deep-chested, fleet-footed horse which just happened to be there, all saddled, all bridled, all fit for the flight of the dusky knight. Away they flew up Front street, down the valley by the base of old Fort Meigs, across the bottom and over the river bridge, through Maumee City and away for Canada. The marshal and his men attempted to pursue, but each man in the court room seemed determined to be the first fellow out, and some swore that ' ' no Kentucky blood- hound should get the start of them in chasing a runaway darkey." There was so much more of hustle and motion than of direction or progress in getting out that the marshal reached the street about the time his late prisoner was scudding over the valley, more than half a mile away. The toll-gate on the north end of the river bridge was wide open for the fugitive, but shut and locked for the marshal and his posse. Sturdy old ex-Sheriff Joshua Choppel, the toll-gatherer, seemed to have pressing business under RANDOM RECOLLECTIONS OF THE EARLY DAYS. 1 49 the bridge, and, fat and aged, it took him some precious minutes to waddle back to his post, and, when there, he was so conscientious and punctilious about collecting toll and making change before opening the gate that the chances for recapturing the flying fugitive were becoming desperate. Goynes reached Canada, and two fine broadcloth coat patterns soon afterwards reached his counsel. The last the writer knew of him, he was back upon the Maumee, running a popular barber shop in Toledo, and said to be " well heeled " with real estate in that growing city. Just how the right horse happened to be at the right place at the right time may possibly be known to a much-honored early chief-justice of one of our Western terri- tories, and another. RANDOM RECOLLECTIONS OF THE EARLY DAYS.* JAMES A. BRIGGS. I was admitted to the bar at the October term of the Supreme Court, held in Zanesville, in 1833, Judges John C. Wright and Reuben Wood presiding; committee of examination, Henry Stanberry (afterward attorney general of the United States), Charles C. Converse (afterward judge of the Supreme Court of Ohio), and John H. James, one of the leading lawyers in south-west Ohio. I had been for several weeks preparing for examination in the statute laws of Ohio, and the reports of the Supreme Court of the state, in which a student was expected to be well read, as well as in the general principles of law — Blackstone, Chitty, Comyn, Starkie, Kent's Commentaries, and in pleadings. In Ohio, at that time, briefs were not much used. All cases were thoroughly argued before the judges, and notes taken of the points, and the authorities cited by the court. I remember that Judges Wright and Wood were very pleasant in manner, and very considerate in their treatment and bearing to students and the young members of the bar. At the time of my admission to the bar, Ohio had many very able men practicing in its courts. They were located all over the state. Perhaps they were men not learned in the books, not carefully versed in all the English and American re- ■•' This article, expressly prepared for the Bench and Bar of Cleveland, was one of the last ever penned by the venerable James A. Briggs. He had been in feeble health for several years, and died at his home in Brooklyn, New York, from a stroke of paralysis, on August 22, 1889. 150 THE BENCH AND EAR OF CLEVELAND. ports', but they were meii of strong common sense — educated in practical schools to defend the right and condemn the wrong, if not done always according to precedent. Mr. Thomas Ewing, in a case that was carried to the Supreme Court at Columbus, from Cuyahoga county, did a thing that, I think, was never done before in court. Judge Wood was giving the decision of the court, in which a statute law of Ohio was to be construed. In the southern and middle portions of the state, in the transfer of real estate, it was the custom for the wife to join in the deed, without a special re- linquishment of dower. On the Western Reserve, it was the custom for the wife to make a special relinquishment of dower, and to acknowledge that ' ' separate and apart from her husband, without any fear or compulsion, she acknowledged the same to be her act and deed." Judge Wood was delivering the opinion of the court, when Mr. Ewing arose and interrupted the judge, and said, "If the Supreme Court sends out a decision of the character you propose, it will unsettle the titles to two- thirds of the real estate in Ohio, and produce a generation of litigation." And then, turning to his brethren of the bar around the circle, he said, "I appeal to my brethren of the bar for the correctness of my opinion." The court hesitated, adjourned; the unrecorded decision was smothered, and afterward the court made a contrary decision. Mr. Ewing was one of the truly great lawyers of the country, acknowledged as such in the Supreme Court of Ohio, and in the Supreme Court of the United States in Washington. The first time I was in the Court of Common Pleas at Cleveland, in the Fall of 1833, in a case of forgery, a motion was made to forfeit the bond a party had given for his appearance at court. The attorney of the defaulting forger read from a letter that he was dead, and consequently could not put in an appearance. Mr. S. J. Andrews, afterwards judge, said to the attorney of the forger, "Let me see that let- ter." When Mr. Andrews had read it, and had examined it carefully, he said to the court, ' ' There Can be no doubt, your honor, that the man who was arrested for for- gery and gav« bond for his appearance here is certainly dead, for this letter is in his own handwriting, and he must surely know the fact." The bond was forfeited. The active members of the bar in Cleveland, in 1834, were John W. Allen, Samuel Cowles, John W. Willey, James L. Conger, Harvey Rice, Samuel Starkweather, John C. Kennedy, Daniel Radcliff, Leonard Case, V. J. Card, John A. Foot, S. J. Andrews, Samuel Williamson, J. M. Hoyt, H. B. Payne, H. V. Willson, H. H. Dodge and Jonathan Lapham, of Willoughby. The membership of the bar rapidly increased in the six or seven years up to 1840 or 1842. Messrs. Benedict & Hitchcock, Charles Whittlesey, Bartlett & Chapman, Silliman, Stetson & Barr, Bolton & Kelley, Backus & Bishop, Wm. Strong, E. G. RANDOM RECOLLECTIONS OF THE EARLY DAYS. 151 Williams, L. C. Turner, F. W. Bingham, A. H. Lewis, C. L. Russell, Joseph Adams, B. White, F. Randall, H. Billings, F. J. Prentiss, D. Parish, Seth T. Hurd, Ambrose Spencer, Edward L. Thompson, S. H. Mather, A. L. Collins, O. P. Baldwin, N. P. Bennett, A. D. Smith, Geo. and H. C. Kingsley, and there were others who were students who were admitted to the bar and went to other states. The character and ability of some of those early lawyers in Cleveland may be judged by the positions they attained in after life. Mr. John W. Allen and Mr. S. J. Andrews were elected to Congress from the Cleveland district; Mr. Andrews was judge of the Superior Court in Cuyahoga county; Mr. J. L. Conger was in Congress from Michigan; Mr. Bennett was on the bench of the Supreme Court of California; Mr. A. D. Smith was chief-justice of the Supreme Court of Wisconsin; Messrs. F. Randall and A. L. Col- lins were on the bench in Wisconsin; Mr. R. M. Chapman was a member of the Senate of Maine ; Mr. Sawyer was in Congress from Missouri ; Messrs. Foot, Backus and Payne were in the Senate of .Ohio; Mr. Starkweather was a judge of the Common Pleas Court in Cleveland ; Mr. O. P. Baldwin was elected a member of the Senate of Virginia, from the city of Richmond; Mr. Kennedy was the professor in the Columbia College Law School, in the District of Columbia; Mr. Radcliff was a member of the legislature of Virginia, from Prince William county, and district attorney in the city of Washington, D. C. ; Mr. Strong, district judge of the United States Court in Oregon; Mr. Willson, on. the bench of the United States Court for the Northern District of Ohio ; and Mr. Henry B. Payne, now in the United States Sen- ate from Ohio ; Mr. Willey was president of the Common Pleas Court of Cuyahoga circuit ; and Mr. Joseph Adams was elected prosecuting attorney of his county in Iowa; Messrs. Bolton and Bishop, S. O. Griswold and S. B. Prentiss and Horace Foote were on the bench in Cleveland. The lawyer who stood foremost of all the members of the bar in Cleveland, and of all who came there to attend court, was Mr. Sherlock J. Andrews. As an advocate, nature had been lavish in her gifts to him. He had rare natural gifts ; a remarkably fine voice, capable of every expression ; an impressive and very effective manner, that never failed to win the attention of court and jury; a thorough classic and legal education ; a rich and glowing fancy ; a wonderful com- mand of the choicest language, improved and enriched by the study of the best ancient and English classics. He was a born orator. He would convulse court and jury by the sallies of his wit, or hold them in silence by his impressive eloquence. He excelled almost any member of the bar in the examination of witnesses. He seemed to possess the power of unfolding truth without the labor of investigation. One of the finest efforts I ever heard him make was in a case that came iinto the Com- 152 THE BENCH AND BAR OF CLEVELAND. mon Pleas, from Brecksville, where the father of a scholar sued a teacher for insisting that he, with the other pupils, should read every morning in the Bible. Mr. Andrews made one of the most eloquent speeches we ever heard in Ohio. As a defense of the Christian religion, it was masterly. He melted his audience to tears, as he described the army of the Revolution during seven years of privation and toil, and suffering and sublime human endurance, in the snows of Winter, without shoes, and with insuf- ficient clothing, - following their great commander, without murmur or complaint, be- cause of the faith in God that they had derived by reading the Bible. The army of New England men in the Revolution were Nav Testament boys. Leonard Case, Esq., the president of the old Commercial Bank, was altogether the best land lawyer on the Western Reserve. He was a man of an uncommon de- gree of common sense, educated in the school of adversity; of great strength of intellect, and of large practical knowledge of men and things. He was as familiar with the statutes of Ohio as any boy ever was with the story of "the rude boy," in Webster's Spelling Book. I remember that the now venerable Mr. George Bancroft, who long years ago was a real estate owner in Cleveland, said to me, " that Mr. Case was one of the most remarkable men he ever knew. " Mr. Case was for many years the agent of the State of Connecticut for the sale of its lands, and he said he never knew the power of interest until he computed it at six per cent, on the land contracts. The first lot of land he ever bought was in Painesville. He said he never bought but once land that was not forced onto him. He paid $1,500 for the "Ox Bow," and sold it for $15,000. The State of Connecticut urged him to buy land it owned on the Kinsman road, east and west of Perry street. He declined, because he was the agent of the state, and advised his friend, the late Philo Scovill, to buy it at $20 an acre. The 1,800 acres he bought in Brooklyn on his own judgment; the eight acres on the Square, Superior and St. Clair streets, and the ten-acre lots on St. Clair road, were all actually forced onto him. The eight acres he paid $250 for. What is it worth now? The late Mr. Horace Perry refused to unite with him in the purchase, as it was a low, wet alder swamp. In a referee case before Mr. Case, where Judge Andrews was opposed to Mr. Case, after it was closed, the judge said, "I think, Mr. Case, I can beat you in tropes, but you certainly beat me in figures." The farm and home of an old cler- gyman, with whom Mr. Case boarded, in Warren, when he was young and very poor, and whose family were very kind to him, were advertised to be sold, on mortgage, at sheriff's sale. Mr. Case drove out to Solon, found out how much the debt was, came home, and, on the day of sale, bid off the property, had a sheriff's deed made out in the name of the wife of the venerable clergyman, had it put on record, and sent it out to her. It was over $4,000 he paid for early memories of kindness received and remembered. RANDOM RECOLLECTIONS OF THE EARLY DA^'S. 1 53 Mr. Seth T. Hurd was one of the early lawyers of Cleveland. He did not know very much of Blackstone or Kent, of Chitty or Starkie, but had an inexhaustible fund of stories, and he told them admirably well, and was a genial, pleasant man. One day, I was in the clerk's office, and he came in and wanted a writ of replevin for a man's wife. I asked how he could replevin a wife? "Why, she proposes to go off with another fellow." "Well, you must state how much she is worth, and swear to her value." "I can't do that," and out he went. The clerk said to me, " Briggs, why did you tell him that? I would have had in a few moments an application on file to replevin a man's wife." He died the editor of a paper in western Pennsylvania. In Cleveland, he was associated in the law with Daniel Parish, who married a divorced woman. One of the lawyers of Cleveland, who, running over with fun one day, when he heard that the woman's former husband was in town, wrote a letter to Parish, say- ing, " If I meet you on the street, I shall shoot you at sight, so prepare yourself for certain death." Then he wrote another letter, and signed Parish's name to it, and gave him the- same pleasing information, whereupon, in the greatest fright, they both left the city for several days. Judge John Barr was born at Liberty, Trumbull county, Ohio, in 1804. In 18 10, his father settled in Euclid, Cuyahoga county, where he took pastoral charge of a Pres- byterian congregation. In 1825, the son was made deputy sheriff of Cuyahoga county, by James S. Clarke. He occupied the same position under Edward Baldwin, the suc- cessor of Mr. Clarke, and, in 1830, was himself elected sheriff, by an overwhelming majority. After serving two terms, of two years each, he declined the office, for the pur- pose of joining the law firm of Silliman, Stetson & Barr. Mr. Silliman died, the health of Mr. Stetson failed, and the firm was broken up. Mr. Barr was elected judge of the Pohce Court, and resigned that office to become clerk of the Court of Common Pleas. Judge Barr took a deep interest in historical matters relating to Cleveland and the West, and the collection of papers made by him upon historical themes were of great value, and have been in constant quotation by historical writers. His death occurred suddenly on January 24th, 1875. About 1839, a table of fees was adopted by the bar of Cleveland, signed by all its members but one, and printed. The fees at that day were ridiculously small, not as high as a brick-layer's of to-day. I remember one fee for making a law argument before the Supreme Court, $20. Mr. Bushnell White, a young and eloquent lawyer, refused to sign the " fee bill," and gave as his reason, "if a party could get Mr. S. J. Andrews to make an argument in the Supreme Court, for the same fee that he would have to pay him, he was a fool if the party did not employ Andrews." I presume I have among my papers a copy of this "fee bill;" it would be a curiosity now. The lawyers' fees were 154 THE BENCH AND BAR OF CLEVELAND., as much too low fifty years ago as they are in some cases too high now. Since the era of great corporations, great fees have been paid to attorneys. The salaries of the president judges of the Common Pleas circuits in Ohio, until within a few years ago, were $730 a year. This was a little more pay than the late Judge Peter Hitchcock got for teaching school, in Geauga county, when he first went to Ohio; eight dollars a month, and collected his pay himself, and took it in pork and beef, butter, wheat, corn, etc. , at store prices. RECOLLECTIONS OF THE CLEVELAND BAR. D. W. CROSS. Nearly forty-five years ago (in 1836), the staunch old steamer Commodore Perry landed at your busy wharf a young man having a moderate amount of fire and ambi- tion, and a large amount of youthful activity, with the fixed design of spoiling a good business man, and making a poor lawyer. Had his foresight been equal to his "hindsight," he never would have entered the office of Payne & Willson, one of the leading law firms of Cleveland, and tackled Blackstone ; but it wasn't. After being settled in the office of Messrs. Payne & Willson as the Junior student at law (A. H. Curtiss, James Bennet and O. P. Baldwin being the seniors), it became his duty to take off a memorandum of the cases from the court trial docket, in which they were retained. At that early day (1836), there were over four hundred cases in which this learned, energetic and active law firm appeared for one side or the other, and generally pitted against Andrews & Foot (subsequently Andrews, Foot & Hoyt), Bolton & Kelley (successors of James L. Conger), Horace Foote, Joseph Adams, Samuel Starkweather (then United States collector of customs for this district and port), and would occasionally cross swords with Daniel Parish, Seth T. Hurd, John Erwin, James K. Hitchcock, Collins, etc. Judge Van R. Humphry presided with great dignity, neatly dressed, (always wearing a ruffled shirt), assisted by two associates. Judge Barber and Judge Warren, ostensibly for consultation. But they not being lawyers, were seldom called upon to express an opinion. It was said that a member of the bar once asked Judge Warren if he had ever been consulted by the presiding judge while on the bench. After mus- ing a moment, he said : "Yes, I have been once ! Near the close of a long, uninter- RECOLLECTIONS OF THE CLEVELAND BAR. 155 esting and tedious trial, in which Daniel Parish was -counsel for plaintiff, Judge Humphry inquired of me if my chair did not ache, and I promptly gave my opinion that it did!" At this period, 1836, John W. Willey was mayor of the city, and had retired from practice at the bar. He never resumed practice, but was subsequently appointed president judge for this judicial district; but it was well known that he was a good lawyer, a brilliant and successful advocate, and an honest man. He was really, at that time, the most popular man in Cleveland. The old court house, situated on the south-west quarter of the Public Square, having little pretense to architectural beauty, but still sufficiently well constructed, roomy and commodious to command respect, if its ashes could speak, could tell many a thrilling tale of forensic strife and legal strategy. The late Honorable Sherlock J. Andrews was undoubtedly at the head of the Cleveland bar. For magnetic influence over jury, court and bar; for eloquent appeals to the judgment and the heart; for sharp and emotional appeals to higher passions of the jury ; for fluency of speech, and marvelous classic imagery in presenting and enforcing upon the minds of his auditors the strong and telling climaxes in his cause at bar, he had no superior in Ohio. His deportment was gentlemanly and courteous to all, especially to the younger members. He was ever true to his clients, but never attempted to win a doubtful case at the expense of his honor. No good and true attorney will ever, by trick or "sharp practice," hazard the experiment of win- ning a case to-day and losing his character forever. Without seeming to know it, he boiled over with fun and sparkling wit; then again, with low, tremulous voice and quivering chin, his thrilling figures and fervid eloquence would bring tears to every manly eye. Many of the older members of the bar will recollect his powerful speech to the jury in the "bank case." H. B. Payne, Esq., appeared for Clark, Willey et al. , in a suit against the bank, of which Leonard Case was president, and Joel Scranton one of the wealthy stockholders, and also a director, while Mr. Andrews appeared as attorney for the bank. Judge Willey, whose life was known to be fast ebbing away, was very popular, and had the sympathy of all. In the preliminary skirmishing, during the trial, it appeared to be Mr. Payne's policy to fan the embers of that sympathy, and of Mr. Andrews to throw cold water on them in that direction, and to build up a counter sympathy of his own for the bank, on the ground, as he stated, that the widows and the orphans having interests in the bank would be greatly injured by a verdict against it ; claimed that Mr. Willey had no real interest in the pending suit; that his name was only used to elicit the jury's sympathy, while speculators and Shylocks were the real parties in interest. 156 THE BENCH AND BAR OF CLEVELAND. Tlien rising to his full height, with sparkling eyes and with voice and actions im- mensely tragic, he exclaimed : ' ' The voice is the voice of Jacob, but the hands are the hands of Esau ! " This had a telling effect upon all, especially the jury. Mr. Payne appeared to see and take note of this, and when it came his turn to make the closing argument, after telling the jury in substance that his learned friend, without proof, had denied that his client. Honorable John W. Willey, who was asking at their hands that just pittance, his honest due, to drive away cold charity, and smooth his short pathway to the grave, was a real party in interest, he had even the hardihood to "nail it wi' Scripture.'' "He has attempted to rouse in you a false sympathy for his soulless institution. He tells you that the widows and orphans may suffer if my honored client obtains at your hands his just claim. Who are these ' widows and orphans ? ' He did not or could not tell us. I will tell you who they are ! Leonard Case and are the widows, and Joel Scranton and are the orphans ! " As the gentlemen named were among the most wealthy and influential citizens in town, the wit and sarcasm evidently had the desired effect. He got his judgment. Generally, as opposing attorney to Sherlock J. Andrews, Henry B. Payne would be found in nearly all trials of any considerable magnitude. He was every inch a lawyer. Learned, studious, sagacious, untiring and courteous, his brother attorneys respected him, his students loved him, and evil-doers feared him. As an advocate, he was logical, fluent, and at times and on appropriate occasions, powerfully sarcastic and remarkably successful. He was like Judge Andrews, fearless in the right, and bravely dared to call men and things by their right names. There was no mealy- mouthed ' ' whipping the devil around the stump " with him. A swindler was a swindler, a thief a thief, and a scoundrel a scoundrel ; and, in the cause of justice, he boldly told them so to their faces. He despised everything unprofessional, and his whole deportment, at the bar and with the members of that most honorable profession, impressed itself on every one that no sworn counselor could betray his client without utter dishonor and disgrace. In the very midst of his brilliant career at the bar, a severe attack of pneumonia forced him from the profession he so highly adorned, into the busy maze of private hfe, in building up our great manufacturing enterprises, and in serving the public at home, in the legislature of his adopted state, and in the halls of Congress. • Thomas Bolton acquired great success in his profession, by his learning, integrity and indomitable industry and perseverance. He had the reputation of being one of the best collectors of claims, especially from dishonest debtors, able to pay but endeav- RECOLLECTION'S OF THE CLEVELAND liAR. 157 oring to defraud their creditors or delay payment, in northern Ohio. As an advo- cate, his strong points were presented with terriiic sledge-hammer force. He was fearless for the right, and bold to pronounce his convictions that a clear distinction should be openly declared between a good and a bad man. What inducement to be good, if you are to be put on the same plane with the notoriously vicious ? Internal consciousness of right may brace up the Christian spirit to martyrdom, but the cold world, as it goes, will take no heed of that. Only a bold, outspoken distinction between good and evil will place both characters where they belong — respect for one, and disgust for the other. As an advocate, a judge and a citizen, he had the respect and esteem of all. Moses Kelley, of the law firm of Bolton & Kelley, next to Honorable Hiram V. Willson, was the ablest " office lawyer" at the Cuyahoga bar. Learned in his profes- sion, upright, diligent and honorable, he justly commanded the respect and confidence of all good men. Samuel Starkweather, whether acting as attorney at law. United States collector of customs, mayor of your city, judge of your court, or as a retired citizen, never failed to receive the universal applause of "Well done, good and faithful servant." As an advocate, his great learning, classic imagery and smooth-flowing thoughts, at times uttered in choice words of sublime pathos, and again in climax on climax of burning eloquence, invariably held his auditors spell-bound with admiration. As a conversationalist, he was remarkable. His great memory, extensive reading, classic learning and musical voice made it pleasant to listen to him. He was also a good listener, as well as a good talker — a rare accomplishment. As counselor and judge, he held a high place in the confidence of the people. Hon. John W. Willey retired from practice about the time he was elected the first mayor of Cleveland, in the Spring of 1836. He had the reputation of being a law- yer of great learning and sagacity, and one of the most pleasing and eloquent advo- cates at the bar. He was appointed president judge of the Common Pleas, and his rulings, based upon the "unerring rule of right," commanded the respect of all. Horace Foote, subsequently judge of the Common Pleas Court for many years, was a born lawyer. His whole heart was in his profession, and especially in every in- dividual case he was retained to try. His learning in all the profound intricacies of the law was only equaled by his untiring industry. He was a good lawyer, a forcible advocate, and an upright judge. J. Madison Hoyt, at an early day one of the law firm of Andrews, Foot & Hoyt, was a gentleman of fine analytic and highly cultivated mind, an earnest and very pleasing advocate, and, had his whole heart been devoted to his profession, would have 158 THE BENCH AND BAR OF CLEVELAND. won his way to the highest honors in it. But he chose to retire from the profession, in the prime of his career, to assume active duties and pursuits more congenial to his taste. Franklin T. Backus was possessed of great capabihties in his profession. His highly cultivated and analytic mind permitted him to grapple successfully with the broadest, as well as the most technical, legal questions. His oratory was of the Websterian order — massive and profound in argument and thought. Early in his career, he had attained a high position, and had his life been spared, would undoubt- edly have adorned the highest positions known to our judiciary. Bushnell White came fresh from old Massachusetts, with high honors as a gradu- ate of Williams College, and entered bravely upon his studies of the laws with the law firm of Messrs. Payne & Willson. He soon won distinction as a fluent debater in the old Cleveland Lyceum, and as an orator of scholastic learning and magnetic force in numerous public orations, delivered at the call of our citizens. At the bar, he achieved rapid success, and at an early day was elected to the responsible position of prosecuting attorney for Cuyahoga county, and filled the trust to the satisfaction of the people and the terror of the evil-doers. Having accepted the offer of United States commissioner, he for years faithfully devoted his time largely to the duties pertaining to that office, and almost wholly withdrew from active practice at the Cleveland bar. His oratory was of the Henry Clay and Patrick Henry order, and his brilliant flights never failed to please and enchain his auditory. Hiram V. Willson was every inch a gentleman, and won the hearts of the young and aspiring members of the bar by his uniform kindness and courtesy in his pro- fessional and social intercourse with them. After Mr. Payne retired from the old firm of Payne, Willson & Wade, he became one of the law firm of Hitchcock, Willson & Wade, securing in all the paths of life the respect and esteem of all. He was ap- pointed judge of the United States Court, for the northern district of Ohio, and his profound learning, courteous deportment, and clear, impartial judgment added honor to the profession, to himself and to his high position on the bench. Joseph Adams was undoubtedly one of the best read lawyers, and the finest special pleader at the bar. He had an extensive criminal practice ; was elected prosecuting attorney for Cuyahoga county, and discharged the arduous and responsible duties of that office with great firmness and legal ability. No lawyer here excelled him in pre- paring his cases for trial. It took a smart lawyer to catch him on a weak or unguarded point. As an advocate, he elaborated, fluently enough, every material point in his case, frequendy to such an extent as to be almost tedious, but, after all, what he said seemed to be indispensable to a clear elucidation of his points, and his arguments had RECOLLECTIONS OF THE CLEVELAND BAR. 1 59 the true ring of solidity and logic. He was fond of field sports, with his double-bar- rel rifle (of his own invention), and was ranked with the most successful Nimrods of his day. Charles Stetson was another member of the bar known as a special pleader, iron- clad against all demurrers. He was a good lawyer, a pleasing advocate and a courteous gentleman. Daniel Parish was not without sharp points in his legal career. His practice ex- tended from the magistrate's court up to the court in banc; but his greatest triumphs were in the " courts below." His genius shone the brightest in his defense of crim- inals, and in procuring divorces for cruelly abused and indigent women. He was not to blame if, in "arguing" a case, there was always something in it requiring great vehemence of expression and exhaustive consumption of time, no matter what the case might chance to be. To his view, every case had magnitude in it, and he always erideavored to rise up to the occasion. True, his Voice was not altogether Cyrenian, nor was he in the habit of stooping to the classics for his choice of words ; he went at his work with all the force of a forty-horse-power saw-mill, with the filing of a saw thrown in. He was good-natured, generous, meant well, and was a hard. practi- tioner in his chosen profession of the law. Ellery G. Williams was a hard worker, full of fire and energy, and while he was very well calculated to succeed in the practice of the law, his tastes and ambition did not appear to run in that line. Land and stock speculations, and business requiring activity, energy and risk, seemed adapted to his temper, and to these he devoted the principal energies of his short but active life. He was for several years in practice with Hon. Bushnell White, and their career was honorable to the profession and lucrative to themselves. George W. Lynde is among the oldest members of the Cuyahoga bar. As an office lawyer and special pleader, he commanded the confidence and respect of all. He was better known as one of the master commissioners for many years past than a practicing attorney. As a counselor and commissioner, he attained an enviable repu- tation for soundness and probity, thus securing him a large and lucrative share of this business. Seth T. Hurd, having strong convictions that the mantle of Demosthenes had fallen upon him, affected a demonstration of this fact on every convenient occasion. At the bar, on the stump, the sound of his voice might be heard in the land. If he had any vanity, it was lost in the overwhelming volume of his good nature. He would be nothing, or he would be eloquent. This laudable ambition was not without its salutary effect upon the young and rising members of the bar, and l6o THE HENCH AND BAR OF CLEVELAND. tended largely to take the wind out of the sails of the older members. Although his career at the Cleveland bar was comparatively brief, it was memorable and honorable. Samuel E. Adams, when but a student in the office of his relative, Joseph Adams, foreshadowed that aptness and ability that might some day place him among the ablest in his chosen profession. He took to the complications and intricacies of the law as a duck takes to the water. Possessed by nature of a good memory and an analytic mind, his laborious studies and untiring application rapidly paved the way for the honors and success that have marked his professional life. As prosecuting attorney for the county, as "orator of the day," and as a good citizen, Mr. Adams has always filled the bill. Although a terror to evil-doers, while acting as prosecutor, thorough and uncompromising in his duties to the state, yet, in his large practice, in the defense of such charged criminals as sought his powerful aid, he never lost sight of his professional honor, nor stooped to the mistaken folly of gaining a suit at the ex- pense of it. James K. Hitchcock : Although thoroughly read in his profession, his tastes turned rather to speculative ventures than to the fiery ordeals of the legal forum. He left Cleveland at an early date in his professional career, having achieved honor and suc- cess in his legal and business relations with its citizens. John Erwin : If we closely observe the life of this gendeman, we may be able to learn the precise distinction between a genial lawyer and a genial sportsman. Whether he excelled in bringing up his chent or bringing down his deer, has remained for years an unsolved conundrum. Genial and true as a friend, honorable as an opponent, his record and his good name will go down to posterity as the model of a true gentleman. James A. Briggs : It is seldom we find the orator, lawyer, scholarly hterature and a turn for secular business so markedly developed in one and the same person as in the subject of this sketch. Whether called upon to deliver a Fourth of July oration, a stump speech in the turbid pool of politics, a lecture on the Christian duties of life, or a speech at the bar, he was always found ready; and it is but truth, void of flattery, to say that the applause of the people attended all his efforts. His heart never seemed firmly set on achieving success alone in the legal profession. Other pursuits, for many years, were followed, apparently more congenial to his tastes. To delve in old reminiscences of his native and adopted homes, biographical sketches of old and tried friends, and to write familiar letters on the wisdom and follies of mankind, seemed best to fill the measure of his allotted work. He will be remembered long and favor- ably by the old citizens of Cleveland, although for several years he chose his abode elsewhere. RECOLLECTIONS OF THE CLEVELAND BAR. l6l Samuel Williamson : When the people, generally wise in the selection of public servants when political jangles do not influence their judgment, make their calls upon men to serve them, on account of their fitness for such service, and thus absorb the better part of their lives in the public service, there is little time left for a man to devote to his personal affairs, or the successful pursuit of a chosen profession. Had not Mr. Williamson yielded to such calls from the public, there can be no doubt his career as a lawyer would have been prominent and successful. As it was, his counsel was sought in matters of great moment, and his arguments in litigated cases were always clear and forcible. He never gave his entire time and devotion to the pro- fession, probably from the cause above stated, so that what his position might have been cannot be doubtful among friends who best knew him for his learning, integrity and virtues. John Barr : Unobtrusive in his deportment, quiet and unassuming in his ways of life, it is doubtful whether, in all his long residence in Cleveland, he ever felt the fear of an enemy or the want of a friend. The trusts and official responsibilities re- posed in him were ever faithfully discharged. Although possessed of legal ability of a high order, he never gave his heart and soul to the advancement of his career in the profession of the law. Other pursuits so divided his attention that his achieve- ments at the bar hold a secondary place in the history of his life. His was an evidence of that even temper and harmony of social life to be held up as a pattern for all. Hon. Reuben Wood : The simplicity of his social and domestic life, the warmth of an unselfish heart, the undercurrent of wit and fun that beamed from his expressive eyes in emphasizing the points given or taken in sharp repartee, and the cordial ur- banity of his deportment, were almost as instrumental in achieving for him that wide- spread popularity and enthusiastic admiration of the people of Ohio that raised him to the highest honors the state could give, as were those solid acquirements in juris- prudence and statesmanship which so eminently distinguished his long and useful life. Called at an early date in the history of Cleveland to the Supreme Court of Ohio, twice elected governor of the state, and subsequently representing our government at Rio Janeiro, Brazil, with marked ability, there was little time left for practice and dis- tinction at the Cuyahoga bar. In social and official life, few men in Ohio enjoyed a higher position or a warmer place in the popular heart. Dignified in his deportment, yet open and approachable to the humblest of his friends, he was not insensible to the relaxing effect of wit, or the fun of a practical joke, and could give and take his share with his compeers, Willey, Tilden, Andrews and others, with becoming grace and hearty appreciation. His whole life is an epitome of the possibilities that may follow 1 62 THE BENCH AND BAR OF CLEVELAND. in the train of industry, integrity and honor, when those were unswervingly the mag- netic points in a good and true man. General H. H. Dodge, although one of the oldest members of the Cleveland bar, did not turn the whole energies of his mind to the practice of his profession. Had he done so, it is believed that his clear head, pleasing oratory, keen wit and high sense of honor would have placed him in the front ranks. The old settlers will not fail to remember his sharp debates in the old Lyceum, his eloquent orations on the Fourth of July, his impartiality and clearness when called to preside at public meetings of his party or the people, as was frequently the case, and the pride and energy he displayed in organizing and fostering the militia of the state and the independent battalions of the city. Having the well-balanced mind and judgment requisite to fill any position of public or private trust, the government and people frequently called upon him, and his response was always prompt and satisfactory. General J. W. Fitch : In his early practice. General Fitch acquired an enviable reputation for energy and eloquence at the bar and on the stump. Had he followed up this prestige with the whole force of his character, and the undivided energies of his mind, his highest ambition would not have reached beyond his success. But it was plain to be seen that his whole heart, soul and ambition was not given to his pro- fession. A political or military life seemed best to square with the powerful energies of his nature. He should have been sent to West Point, or given a commission in the regular army. But, having chosen the career of a civilian, the state and nation en- trusted him with several high and responsible positions, all of which he filled faithfully and honorably. Leonard Case, senior : Although one of the oldest members of the bar, Mr. Case's name will be scarcely found in the court records of litigated cases, except, per- haps, here or there in some important "land case," involving tithes, or obscure and unadjudicated points of difference not setded by the Supreme Court of the state. His knowledge and legal learning on this subject was not surpassed by any lawyer at the bar. But his usefulness to his adopted city and state did not rest in his legal practice. He saw, at an early day, in the beautiful site of the infant hamlet, the possi- bilities of a great and thriving city. To this end, he bent all the capabilities, energies and resources of his active mind and busy life. Happily, he lived to see his grandest hopes more than realized, and could not have been unmindful that he had lent a help- ing hand in achieving for the city of Cleveland her almost unparalleled prosperity in so brief a period of time. As an evidence of his appreciation of the enhancement of his private fortune by this great public prosperity, it is believed he had it in his heart, and foreshadowed the design, which his son, Leonard Case, junior, has so magnani- RECOLLECTIONS OF THE CLEVELAND BAR. 1 63 mously carried into effect, of establishing and liberally endowing such an institution of learning as \vould redound to the honor and glory of the city of his home, and make his accumulated gold shine forever with an undimmed lustre. Much might be said of his great financial ability, and its wide-spread effect upon the business interest of the people and the city; his personal and monetary influence in establishing the great railroads centering here, and the grand results of wealth and commerce im- mediately following in their train; his sound counsel and ready hand in the aid of all municipal and local affairs have established for him in the hearts of our people an enduring fame. Other members of the bar, who appeared at a later date, might be named. William Collins, General John Crowell, George Washington Stanley, James Fitch, Oliver Perry Baldwin, A. H. Curtiss, S. I. Noble, J. D. Cleveland, M. S. Castle, S. B. and F. J. Prentiss, C. C. Baldwin, R. C. Parsons, R. P. Ranney, R. P. Spalding, Reuben Hitchcock, S. Burke, Edward Wade, George Willey, R. F. Paine, and many others now in the full-tide of honorable practice, are among the living and departed whose careers are fresh in the memories of the people. To say that the legal profession is not honorable because, by chance, there may be found in it unworthy men, who, for pieces of silver, will make haste to betray their oath-bound trusts, would be a libel upon the highest of professions, and the best of men. We might as well say evil things of the great apostles of Christianity, because there was found among them a single Judas, to betray not only his profession, but the con- fidence and life on earth of the living God. But Judas had the sense enough to go and hang himself, while the evil lawyer may live on and continue to deceive. But, barring these unworthy exceptions, the members of the legal profession constituting the Cleve- land bar have earned an honorable name and place in the history of our city and state. l64 THE BENCH AND BAR OF CLEVELAND. JUDGES OF THE SUPREME COURT OF OHIO, Under the First Constitution, 1803-185 2.* A. T. GOODMAN. Upon the establishment of the North-west Territory, in 1787, by ordinance of the Continental Congress, provision was made for the government of the same by an executive officer and three judges. The governor, with the judges, had supreme power; made the laws, created counties; in fact, had almost the prerogatives pos- sessed by the autocrats of Europe. Under the ordinance, it became the duty of Con- gress to choose the officers above mentioned. On the i6th of October, 1787, they selected and appointed Arthur St. Clair governor; James M. Varnum, Samuel H. Parsons and James Armstrong judges. St. Clair was from Pennsylvania, Varnum from Rhode Island, Parsons from Connecticut, and Armstrong from Pennsylvania. Each of the appointees had been generals in the army of the Revolution, and were known to their fellow-citizens as men of good judgment and sound common sense, which in those days were the best recommendations one man could furnish for another. The commission of Parsons found him in the enjoyment of the peaceful pursuits of a private citizen, while St. Clair, Varnum and Armstrong were members of the body that appointed them. After much hesitation. General Armstrong declined accepting the position ten- dered him. The other two judges, with the governor, accepted. In place of Arm- strong, Congress, on February 19th, 1788, chose John Cleve Symmes, of New Jersey, a very prominent lawyer of that state, who had been a member of Congress in 1785-6. Thus began the government of the North-west Territory; the officers being acceptable to the people everywhere. They had the full confidence of Congress, and though the task they were required to perform was arduous and difficult, they began the work with a zeal and energy that augured well for success. In the Fall of 1788, the governor and the judges commenced the performance of * This interesting and valuable paper upon the early Supreme Court of Ohio was prepared, in 1871, by the late A. T. Goodman, secretary of the Western Reserve and Northern Ohio Historical Society, and appears as Tract No. 2 of that organization's publications. It is published here by permission of the president, Hon. C. C. Baldwin, and is given because it relates so much of value to the present generation, and has in so many ways a special bearing upon the history of the Cleveland bar. Some paragraphs of Mr, Goodman's paper have been omitted because of their length. JUDGES OF THK SUPREME COURT OF OHIO. 1 65 their duties, with headquarters at "Campus Martius," Marietta. Their first act created the county of Washington, in honor of General Washington, and sundry laws were framed for the government of the people. But the bench of the territory did not long remain as Congress had formed it. Judge Varnum died of consumption, at Marietta, January lo, 1789, aged forty years. To fill the vacancy thus created. President Washington, August 20, 1789, ap- pointed William Barton, of Philadelphia, Pennsylvania, a prominent lawyer and gal- lant soldier in the recent war. Mr. Barton declined the position, and on the 12th of September, 1789, George Turner, of Virginia, was appointed. He was a maa of con- siderable talent, but extremely " old fogyish" in his notions of what was best for the settlements, and the result was a number of quarrels between the bench and populace. Judge Parsons was drowned while descending the Big Beaver river, November 17, 1789, aged fifty-two years. He was succeeded, March 31, 1790, by Rufus Put- nam, one of the pioneers and founders of Marietta, who had served as a brigadier- general of Massachusetts troops in the Continental service. He made a good judge, and was popular with all classes. Governor St. Clair and himself were fast friends. From 1790 to 1796, the government of the territory was in the hands of Arthur St. Clair, governor, John Cleve Symmes, George Turner and Rufus Putnam, judges. During that period, the territory prospered, and began to assume the position and appearance of a civilized state, instead of a wilderness, the habitation of prowling Indians and wild beasts. In 1796, Judge Putnam resigned his commission, to accept that of surveyor-gen- eral, and Joseph Gillman, a resident of Hamilton county, was appointed judge (De- cember 22, 1796.) The following year (1797), Judge Turner having purchased largely of lands near Kaskaskia, removed to the then far West, and resigned his judge- ship. He was succeeded, February 12, 1798, by Return Jonathan Meigs, of Marietta, a pioneer settler of that place, and one of the ablest men in the territory. He after- wards was governor of Ohio, U. S. senator, and postmaster-general, U. S. As then constituted, the Supreme Court continued until the admission of Ohio into the Union as a state. Judge Symmes had served from 1788 to 1803, Judge Gillman seven years, and Judge Meigs five years. A short time previous to the formation of our state gov- ernment, President Jefferson, for partisan reasons, removed (Fall, 1802) Arthur St. Clair from the position of governor of the territory. From that time until the Spring of 1803, the time the new constitution went into effect, Charles Willing Byrd, secre- tary, was acting governor of the territory. It is proper here to state that the ordinance of 1787 provided that when the ter- 1 66 THE BENCH AND BAR OF CLEVELAND. ritory should contain a population of 5,000 free white males, a change in its govern- ment should take place. In 1798, it contained the required number, when a territorial legislature was chosen by the people, and a council of ten citizens appointed by the president. These two bodies framed the laws, while the governor possessed the veto power. Thus, from 1798 until 1803, the judges were restricted in their duties, so far as the making of laws was concerned. The first admitted attorney within the limits of the present State of Ohio was Paul Fearing. His certificate was granted in September, 1788, at "Campus Martius," Marietta, by Judges Varnum and Parsons. Of those who soon followed him were Dudley Odlin, Matthew Backus, William Littel, Solomon Sibley, David Putnam, Willis Silliman and Philemon Beecher. The first attorney admitted under the con- stitution of 1802 was Lewis Cass, whose certificate bore date 1803. The honored name of Lewis Cass is known to all Americans. Of later names we might mention Charles Hammond, William Woodbridge (since senator from Michigan), Thomas Ewing, Judge Francis Dunlavy, Arthur St. Clair, Jr. (son of the governor). Judge Luke Foster, Robert B. Parkman, D. K. Este, Elisha Whittlesey, Robert F. Slaughter, Judge John W. Willey, Judge John W. Campbell, William Creighton, Joseph H. Crane, Benjamin Ruggles, John Woods, Robert T. Lytle, Eleutheros Cooke, Alfred Kelley, Sherlock J. Andrews, Henry Stanberry, Thomas L. Hamer, Samson Mason, Judge B. S. Cowan, A. W. Loomis, Salmon P. Chase, Samuel F. Vinton, Simon Nash, Eben Newton, Henry B. Payne, Hiram V. Willson and Humphrey H. Leavitt. Among the above names, I have not mentioned any of the judges of the Supreme Court from 1803 to 1852. Under the constitution framed at Chillicothe, November 29, 1802, the judicial power of the state, both as to matters of law and equity, was vested in a Supreme Court, in Courts of Common Pleas, in justices of the peace, and in such other courts as the legislature, from time to time, established. The Supreme Court was to consist of three judges, any two of which to constitute a quorum. They were given original and appellate jurisdiction, both in common law and chancery, in such cases as directed by law, and the legislature was authorized, after a lapse of five years, to elect an ad- ditional judge. This power was afterward exercised, and the number of judges in- creased to four. They were to be elected by the legislature for a term of seven years, if so long they behaved themselves well, and were obliged to hold a session in each county at least once a year. From time to time the legislature enacted laws regulating the Supreme Court, and on the 20th of January, 1823, passed an act re- quiring the judges to hold a court in bank annually, at the seat of government, and provided for reporting and publishing the decisions of the court in bank, and such JUDGES OF THE SUPREME COURT OF OHIO. 1 67 Other decisions as the judges might desire published. Agreeably to this resolution, the judges held a session at Columbus, in December, 1823. This was their first sit- ting under the new law. Rules of practice, etc., were made and adopted, and Hon. Charles Hammond appointed reporter. The Supreme Court in bank continued until the adoption of the new constitution in 1852. The following is a correct list of those who served on the Supreme bench under the old constitution, ending in 1852. They are given in the order of their election or appointment : Samuel Huntington, Return J. Meigs, William Sprigg, George Tod, Daniel Symmes, Thomas Scott, Thomas Morris, William W. Irvin, Ethan Allen Brown, Cal- vin Pease, John McLean, Jessup N. Couch, Jacob Burnet, Charles R. Sherman, Peter Hitchcock, Elijah Hayward, John M. Goodenow, Reuben Wood, John C. Wright, Joshua CoUett, Ebenezer Lane, Frederick Grimke, Matthew Birchard, Na- thaniel C. Read, Edward Avery, Rufus P. Spalding, William B. Caldwell and Rufus P. Ranney. The first commissioned official under the constitution of 1802 was Samuel Hunt- ington. He was elected judge of the Supreme Court on the 2nd of April, 1803. Governor Tiffin, in his letter to Judge Huntington, enclosing his commission, refers to it as the first one issued " in the name of and by the authority of the State of Ohio." Judge Huntington was born at Norwich, Connecticut, in 1765. He removed to Cleveland in 1801. In 1802 he was a member of the constitutional convention of Ohio; in 1808 elected governor, serving one term; was district paymaster in the war of 1812, and died, at his residence, near Painesville, in February, 1817. Judge Meigs was born at Middletown, Connecticut, in 1765. He became famous as a lawyer, and served as judge of Michigan, Louisiana, and North-west Territories. He was United States senator from Ohio, 1809-10; governor, 1810-14; and postmaster-general of the United States from 1814 till he resigned in June, 1823. He died at Marietta, Ohio, March 29, 1825. Judge Sprigg was a native of Maryland, and early settled at Steubenville. He was a brother of Samuel Sprigg, governor of Maryland, 1819-22. He was a well- educated man, a fine writer, and a sound lawyer. He resigned his judgeship in May, 1806, and resumed practice at Steubenville. He was again chosen to the bench, and was removed from office in 1809, with Judge Tod. He afterward returned to Mary- land, where he died at an advanced age. George Tod was born at Sufifield, Connecticut, December 11, 1773, graduated at Yale in 1795, and in 1800 settled at Youngstown. He was state senator in 1804-5, and was elected judge of the Supreme Court in 1806. In 1808, the legislature im- 1 68 THE BENCH AND EAR OF CLEVELAND; peached Judges Tod, Sprigg and Huntington for declaring a law of the legislature unconstitutional. They escaped by one vote, but in 1809 the legislature passed an act declaring their offices vacant. In the meantime, Huntington had been elected gov- ernor of Ohio. Judge Tod served as major and Heutenant-colonel in the regular army, in the war of 1 81 2, acquitting himself with great credit. In 1815, he was chosen president Judge of the Court of Common Pleas, third judicial district, serving until 1834. He then retired to private life, and died at Brier Hill, Ohio, April 11, 1841. His second son was the late Governor David Tod. [Mr. Goodman gives the biographies of all the judges named, but we find room for only those of north-eastern Ohio.] Calvin Pease was born at Suffield, Connecticut, September 9, 1776. He grad- uated at Yale, and read law with Hon. Gideon Granger, afterward postmaster-general. After admission to the bar, Mr. Pease emigrated (1800) to Warren, Ohio, where he engaged in practice. The same year he was appointed prothonotary for the Court of Common Pleas for Trumbull county, and, in 1803, was elected judge of the same court. This position he held until 1810, when he resigned. In 1812, he was elected state senator. In 1816, the legislature chose him judge of the Supreme Court. Re-elected in 1823, he served until 1830, when he retired from judicial life. In 1831, Judge Pease was elected to the legislature from Trumbull county, serving one term, after which he declined accepting office. He died at Warren, September 17, 1839. Judge Pease was a man of talents, and was greatly respected for his private virtues and public usefulness. Peter Hitchcock served as judge of the Supreme Court for twenty-eight years. Born in Cheshire, Connecticut, October 19, 1780, he graduated at Yale College in 1801. In 1806, he removed to Burton, Geauga county, Ohio. In 1810, he was a member of the House of Representatives of Ohio, and from 1812 to 1816 was in the State Senate. He was member of Congress from 181 7 to 181 9, and from 1819 till 1852, with the exception of five years, was on the Supreme bench. From 1833 to 1835, he was in the State Senate, and, in 1850, a delegate to the state constitutional con- vention. He died at Painesville, Ohio, May 11, 1853. Judge Hitchcock ranks as one of the purest and ablest jurists this state has produced. Reuben Wood was an excellent judge, and highly respected by the bar and the people. He was born in Rutland county, Vermont, in 1792, served in the war of 1812 as captain of Vermont volunteers, studied law with Hon. Barnabas Bidwell, was admitted to the bar, and, in 1818, removed to Cleveland, Ohio. In 1825, he was elected to the Senate, and was twice re-elected. In 1830, he was chosen president JUDGES OF THE SUPREME COURT OF OHIO. 169 judge of the third judicial district, and, in 1833, was transferred to the Supreme bench. He retired from his judicial service in 1845, ^^id, in 1850, was elected gov- ernor of Ohio. In 1851, he was re-elected, serving until 1853, when he resigned to accept the consulship to Valparaiso, tendered him by President Pierce. For nearly three years, he was acting minister to Chili. He died at Rockport, near Cleveland, October 2, 1864. Matthew Birchard is well known to the bar of Ohio. He was born at Becket, Massachusetts, January 19, 1804. In 1812, his parents, with their family of seven children, removed to Windham, Portage county. Judge Birchard's education was principally received at schools and academies on the Reserve. At an early age, he determined to follow the medical profession, but after a year's study abandoned it for the law. In 1824, he became a student in the office of the late General Roswell Stone, at Warren, and was occupied there four months in the year — the other eight being employed in alternately teaching at Braceville and Nelson. In August, 1827, he was admitted to the bar, and began practice, at Warren, with the late Governor Tod. The legislature, in 1833, chose him a judge of the Court of Common Pleas, to succeed Judge Wood, transferred to the Supreme bench. In December, 1836, President Jackson appointed him solicitor of the general land office at Washington. Three years later. President Van Buren appointed him solicitor of the United States Treas- ury, in place of Hon. Henry D. Gilpin, promoted to attorney-general. This office Judge Birchard held until March, 1841, when he returned to Ohio, and resumed practice at Warren, with his old partner, Governor Tod. In December of the same year, the legislature elected him a judge of the Supreme Court, which position he held until 1849. Since that time, Judge Birchard has not held office, with the ex- ception of serving a term of two years in the State House of Representatives, 1854-5. He was a candidate for Congress in 1856, against the late Mr. Giddings, but failed of an election. As a lawyer. Judge Birchard has always held a place in the front ranks of the profession. As a judge, he was deservedly popular. His opinions are noted for their clear, concise language, strong reasoning and good sense. Rufus Paine Spalding was born in West Tisbury, Martha's Vineyard, Massachu- setts, May 3, 1798, and removed, with his parents, to Connecticut, when very young. He received a good academical education, and graduated at Yale in 181 7. He mar- ried a daughter of Judge Zephaniah Swift, with whom he studied law. In 1821, Judge Spalding located in Trumbull county, Ohio. In 1829, he was elected to the House of Representatives of Ohio, and being re-elected in 1841, was chosen speaker. In Feb- ruary, 1849, he was elected a judge of the Supreme Court, and continued in that office until February, 1852, when the new constitution went into effect. Soon aft^r- I "70 THE BENCH AND BAR OF CLEVELAND. ward, he located in Cleveland, and continued in practice until 1862, when he was elected to Congress. Judge Spalding continued a member of the national house until 1869, when he dechned a re-election. He is a lawyer of marked ability, and as a judge of the Supreme Court gave general satisfaction. Rufus Percival Ranney was born at Blandford, Massachusetts, October 30, 1813. In 1822, his parents removed to Ohio, locating first at Fairpoint, and shortly after- ward at Freedom, Portage county. Judge Ranney's early education was limited. He worked on his father's farm in Summer, and attended village school in Winter. At a later day, by his own industry, he managed to attend college at Hudson for a short period. In 1836, he entered the law office of Wade & Giddings, at Jefferson, Ohio, and after two years' study, was admitted to practice. In 1839, he became the partner of Hon. Benjamin F. Wade, one of his preceptors. In 1846 and 1848, Judge Ranney was a candidate for Congress, against General John Crowell, but failed of an election, though he ran largely ahead of the Democratic state and county tickets. In 1850, he was chosen to represent the counties of Trumbull arid Geauga in the constitutional convention. In the debates of that body, he took a prominent part. On the 17th of March, 1851, he was chosen by the legislature a judge of the Supreme Court, in place of Edward Avery, resigned. This was the last election of supreme judge under the old constitution. In October, 1851, Judge Ranney was re-elected by the people. He resigned in 1856, and in 1857 was appointed, by President Buchanan, United States district attorney for northern Ohio. This position he held two months, and resigned. The same year, he removed from Warren to Cleveland. In 1859, Gov- ernor Chase appointed him one of the commissioners to examine into the condition of the state treasury, but the appointment was declined. In the Fall of 1859, he was the Democratic candidate for governor, against William Dennison, but failed of an election. In 1862, he was again elected judge of the Supreme Court, which he resigned in 1864. From 1864 to 1868, he served upon the Democratic national com- mittee. Since 1864, he has held no official position, but has been engaged in the practice of his profession at Cleveland. As a lawyer and jurist, Judge Ranney has no superior in the state. As before remarked, Judge Ranney was the last judge of the Supreme Court chosen under the old constitution. The new constitution, framed by a convention chosen by the people, was submitted for ratification or rejection at the Fall election of 1851. The result was its adoption by a large majority. In February, 1852, it went into operation. Under its provisions, the powers and privileges of the court were largely extended, and the number of judges increased to five, one to be chosen by the people annually, after the first election qi the whole number. SOCIAL GATHERINGS OF THE BAR. THE HAR PICNIC AT NKLSON LEDGES. 1 73 THE BAR PICNIC AT NELSON LEDGES.^ CHARLES E. KENNEDY. At 7 : 30 o'clock, yesterday morning, one of the pleasantest parties that has left the city this Summer, whirled out of the Atlantic & Great Western Railway depot. A week or two since it occurred to a couple of attorneys that an excursion and picnic could be successfully organized among the members of the Cleveland bar, and a meet- ing of lawyers was held, and a committee, consisting of Messrs. J. H. Rhodes, J. F. Herrick, John W. Heisley, John Coon and B. R. Beavis, was appointed to complete arrangements. It was decided to go to Nelson Ledges, and invitations were sent to all the city lawyers. Yesterday morning, two cars filled with those who could arrange to attend wound out through the smoky ward. The Germania orchestra occupied seats in the rear car, and after gauging their instruments to accord with the ears of the passengers, sent forth enlivening strains ; and then the fun commenced. Mr. W. E. Preston waltzed down the aisle, and proposed making a ring and placing Mr. John W. Heisley inside, to tell " Dutch stories," as he was gifted in that direction. Knots of men stood in the aisles and conversed, and a general exchange of greetings and introductions was the order. The ride to Garrettsville was exhilirating, and the spirits of the excursionists had risen in proportion. At 8 : 30 the train stopped, and the passengers filed out, to take the conveyances to carry them over to the Ledges. The clouds had parted, and the sun shone out brightly as the happy crowd climbed into the vehicles of ancient and modern manufacture, engaged to make the transfer. There were seventeen carriages and wagons in all, and no necessity for crowding. The overland ride to the Ledges was filled with many laughable incidents, and occu- pied an hour of time. The scenery on the route was beautiful, especially the hills, where the lawyers were obliged to walk. The peach orchards were filled with choice fruits, but, unhappily, the owners keep dogs, and are not obliged to muzzle them. When near the Ledges, several of the younger practitioners jumped from the car- riages, and scaling an attenuated rail-fence, sampled the different varieties, but not until, as a matter of precaution, a committee of one had been appointed to wait upon the owner, and engage him in conversation on the safe side of his house. * The above report of the famous bar picuic at Nelson Ledgres, in the .Summer of 1879, is condensed from a report appearing in the columns of the Cleveland Leader. ly^ THE BENCH AND BAR OF CLEVELAND. The visitors arrived at the Cascade House at 9:30 o'clock, and at once gave themselves up to the pleasures of the day. Soon after arriving, the majority of the picnicers, headed by Mr. J. H. Rhodes and a guide, started out on a tour of inspection. The first point visited was "The Old Maid's Kitchen." The way led through several narrow crevices, over pools of stagnant water, and up steep declivities, and when the cave was at last reached, a couple of bachelor lawyers, who had hoped to have been "retained," took occasion to express their dissatisfaction at finding the old maid "out." The kitchen was thor- oughly explored, and with wet feet the party crawled out of an opening and into daylight. "This way for the Devil's Den ! " shouted the guide, and the party took up the cry and followed. Reaching the opening, the party hesitated. The descent into the den is very near perpendicular, a few Jutting rocks and roots serving as a help in descending. Mr. Rhodes regretted that a rope had not been brought along, which gave Judge Griswold an opportunity to say that there were too many trees handy to make it entirely safe for a rope to be in reach of Sheriff Wilcox. Finally, several ladies started down, and the gentlemen plucked up courage. The whole party reached the bottom in safety, and were well paid for their trouble. The den is a wierd and forbidden spot, situated sixty feet under ground, branching off into dark passages and gloomy caves. After a half hour spent in its examination, the fraternity began to grow hungry, and sighed for daylight. On reaching the surface, some one suggested a speech. Judge Barber gave notice that assistant prosecutor Blandin would bring action against the first man who attempted to deliver a speech, and he would be placed in charge of the sheriff. The next, and a very important move, was towards the refreshments. A portion of the party dined at the hotel, while others discussed the contents of well-stocked baskets. After a sumptuous repast in the shaded groves, several ladies and gentlemen tried their skill at archery, in which Mrs. George H. Foster carried off the laurels. The Cascade House contains, among other attractions, an excellent ball-room, and with Judge S. O. Griswold and Major E. H. Eggleston as floor managers, a ball was inaugurated. The "banner set" was composed of Messrs. John Coon, E. D. Stark, E. J. Estep and Judge Griswold, and ladies. The attorneys forgot that such things existed as musty law books and dissatisfied clients, and gave themselves up to the pleasures of the day. The assistant city solicitor had a Weh of traveling over the floor that dumfounded the natives, who had dropped in to see the dancing. Judge Gris- wold danced every set, and could have kept it up until court set. Sheriff Wilcox stood in a door-way, punning on the orchestra and everything else that came in his THE BAR PICNIC AT NELSON LEDGES. 1 75 vision. At 4 o'clock, the conveyances drew up to the platform, and the visitors jour- neyed towards Garrettsville. Reaching that beautiful village, the cheerful intelligence was conveyed to the party that the train was fifty minutes late, making an hour and a quarter to wait. The orchestra climbed upon the platform, and discoursed choice music. Mr. S. S. Church furnished more archery, and Mr. A. T. Brewer took the cake — that is, he came nearest to the target. While awaiting the train, Hon. George H. Foster moved a vote of thanks be tendered Messrs. J. H. Rhodes and J. F. Herrick for the interest they had taken in bringing about the excursion, which had resulted in so much pleasure to all the participants, and which was so largely due to their efforts. Mr. Heisley seconded the motion, and it was carried with much enthusiasm. In response, Mr. Rhodes expressed the hope that this would be the inauguration of an annual picnic by the law fraternity. He also said that the Cincinnati bar held a banquet each Winter, and thought Cleveland should do the same. The lawyers unanimously favored the idea, and Mr. Heisley made a motion that Mr. j. H. Rhodes and Mr. J. F. Her- rick be made a committee to arrange for a banquet next Winter. Carried. At this period the train arrived, and any further remarks that might have been made were lost. The train arrived in the city by moonlight, and the party disbanded, feeling that it had been a day of unalloyed pleasure. The following comprised the party : J. H. Rhodes, wife and son ; P. W. Ward and wife ; C. R. Saunders and wife ; E. M. Brown and wife; George S. Kain and wife; M. R. Keith, wife and daughter; E. H. Eggleston and wife; Judge D. Cadwell; G. H. Foster and wife; M. B. Gary and wife; Judge R. F. Paine and wife; J. W. Heisley, wife and daughter; W. E. Preston and son; Judge G. M. Barber, wife and son; H. B. DeWolf and wife; A. T. Brewer and wife ; A. J. Marvin, wife and daughters ; Judge S. O. Griswold ; W. S. Kerruish and two daughters; Judge E. T. Hamilton, wife and children; E. D. Stark and wife; N. A. Gilbert and wife; E. J. Blandin and wife; S. A. Schwab and sister; J. M. Wilcox and wife; and Messrs. Arnold Green, Fred. Preston, Perry Prentiss, E. J. Estep, Fred. Green, F. T. Num, John F. Weh, H. C. Ranney, A. Alexander, T. D. Peck, T. H. Graham, John Hutchins, J. B. Mooney, W. S. Collins, Thomas Lavan, M. T. Herrick, L. M. Schwan, Fred. Smith, L. H. Estep, John Coon, S. S. Church, Daniel Keys, H. C. Bunts, C. M. Cope. iy6 THE BENCH AND BAR OF CLEVELAND. THE BAK BANQUETS. F. T. WALLACE. The amenities and graces of the Cleveland bar during the last two decades are happily manifested in the many occasions of social festivities in which they have par- ticipated. The tasting of salt by the Arab and Oriental with the stranger is the bond of assurance and protection, personal faith and friendly hospitality. Banquets are a survival of the pleasant customs of the Eastern world, perfected and purified in modern society by sobriety and the presence of ladies. As there were feasts before Belshazzar's, and warriors before Agamemnon, so banquets were an institution of the Cleveland bar before the civil war. The first of the series of legal and judicial festivities within the memory or knowl- edge of the writer was a banquet at the Angier House, now Kennard, in 1855, given by the members of the Cleveland bar to the gentlemen of the bar of the northern district of Ohio, then in attendance on the United States District Court, soon after the accession of Judge Willson, the first judge of that court. It was a memorable occasion. The appointments of the great dining hall, and the luxuries of the table, were in keep- ing with the admirable taste of the proprietor and the fame of the house. The occasion was honored by the presence of Judge Willson and a very large number of the most prominent lawyers of the several counties comprising the United States judicial district. Judge Samuel Starkweather, the silver-tongued orator, presided, and greeted and welcomed the guests in one of his most felicitous and happy speeches, for which he was ever celebrated. Among that fraternal assembly, and around those luxurious tables, including more than a hundred still living, whose names cannot now be re- called to be herein written, sat Morrison R. Waite, Daniel O. Morton, then United States district attorney, H. R. Hosmer, late chief-justice of Montana, Judge Potter, William Baker, George W. McCook, then late attorney-general of the state, Thomas Ford, afterwards lieutenant-governor, George Bliss, George Rex, Judge, Hurd and Will- iam Upham, guests of the Cleveland bar. Among the entertaining hosts were Judge Andrews, Judge Spalding, John W. Allen, Edward Wade, James Mason, Thomas Bolton, Moses Kelley, F. T. Backus, W. S. C. Otis, William Collins, Charles W. Palmer, Charles Stetson, John Crowell, R. B. Dennis, Bushnell White and Robert F. Paine, many of whom, both of guests and hosts, were called out and made happy speeches and graceful responses, and all of whom, including the late chief-justice of THE BAR BANQUETS. 177 the United States, have long since made their closing argument, tak'en their last ex- ceptions, and gone to the infallible court of last resort. In the early part of President Lincoln's administration, and during the busy and excited period of the ci\'il war, bar festivals were in abeyance, and complimentary festivities were unthought of. R. C. Parsons and William Slade had so suddenly and unexpectedly departed, the one to Brazil and the other to France, that social civilities and professional courtesies were of necessity precluded; but in 1863, when war had in some degree lost its terrors by long familiarity, Hon. A. G. Riddle having been appointed consul to Cuba, being Cleveland's "third consul," the bar, on the eve of his departure, gave that gentleman an elegant banquet at the Angier House. Colonel Parsons, who had returned from Brazil, presided, and in a graceful and happy manner welcomed the consul. The event was eminently social, toasts and sentiments perti- nent to the occasion superseding formal speeches. In the Summer of 1879, ^ large number of the members of the bar, accompanied by their wives and daughters, constituting a picnic party, took an outing, and spent a day at the romantic Nelson Ledges, near Garrettsville. At the close of the day, and while rehearsing joyously each individual pleasure of the occasion, it was suggested that they should cherish and keep alive the friendly sentiments which had then and there been im- bibed, by a banquet at some time during the following Winter, when the flowing tide of bu.siness of the Fall and Winter terms of court had passed. The suggestion was heartily concurred in, and a resolution to that effect was unanimously adopted, the ladies voting " aye " to a man. Early in March following, at a fully attended' bar meeting, prelimi- nary arrangements were made for a bar banquet — the first of a series of annual social festivities of the legal fraternity of the city. Committees were appointed, and in a brief space of time elegantly designed invitations were issued in the following terms : BANQUET OF THE CLEVELAND BAR. A banquet will be given by the Cleveland Bar, on Wednesday evening, March 10, A. D. 1880, at Weis- gerber's Hall, corner of Prospect and Brownell streets. Yourself and ladies are cordially invited to be present. The programme will consist of a supper, toasts, speeches, music and dancing. Every guest is expected to be pres- ent at 7 : 30 o'clock. Banquet at 8 P. M., precisely. Ticket for each gentleman, $2. Ticket for each lady, $1. W. C. McFarland, J. H. Rhodes, M. B. Gary, H. B. DeWolf, J. W. Heisley, M. R. Keith, S. O. Griswold, Committee. 178 THE BENCH AND BAR OF CLEVELAND. The hall was brilliant, and, when filled with ladies elegantly costumed, the beauty of the scene was heightened. Seven tables, each capable of seating forty or. more guests, shone with glittering glass and china, and pyramidal piles done in the highest style of the confectioner's art, while sweet flowers and exotics relieved the scene and added greatly to the beauty thereof. Judge John C. Hutchins and Hon. W. C. McFarland acted as masters of cere- monies, and presented the guests to the hosts and hostesses — the judges of the Court of Common Pleas and their wives and daughters. At about 8 o'clock, three hundred guests were present. The company were then seated at the tables, and after they had partaken heartily of all the good things set forth, they proceeded to inspect the follow- ing programme of the intellectual feast to follow : Remarks by the president, Hon. H. B. Payne. REGULAR TOASTS. " The Judiciary." Response by Hon. Martin Welker. "Jury Trials." Response by Hon. R. F. Paine. "The Pioneer Lawyer." Response by Hon. D. R. Tilden. "The Administration of Justice." Response by Hon. J. M. Jones. "The Trials and Rewards of the Lawyer." Response by Hon. John W. Heisley. "The Ladies." Response by Hon. John Hutchins. "The Lawyer's Influence in our Daily Life." Response by Hon. F. J. Dickman. Volunteer toasts. Dancing. About 10 o'clock, the Hon. H. B. Payne, at his table, near the centre of the room, called the assembly to order, and spoke as follows : OPENING BY HON. H. B. PAYNE. Ladies and Gentlemen ; It was not without serious doubt of its propriety that I consented to preside at the lawyers' banquet. More than thirty-one years have elapsed since my last professional appearance in a court of justice. My training and experience began and ended in the courts and practice under the old constitu- tion. The mysteries and mystifications of the code I have never mastered, nor attempted to master; have never accepted a retainer nor conducted a trial, nor am I competent to draft the simplest pleading under its provisions. My only title is a cer- tificate of admission to the bar, dated in September, 1834, but I am assured that the franchise of an attorney is an estate for life, against which the statute of limitation does not run, and which does not lapse by non-use. More recently, I have felt a growing desire to gain in a more unobtrusive way a recognition of membership by the profession. THE BAR BANQUETS. 1 79 The social door seemed the most suitable for an entrance, and when your committee called on me and gracefully and cordially invited me to occupy this chair, I saw the desired opportunity had presented, and gratefully accepted the honor. On your sig- nifying your approval of the step, I will thenceforward regard myself a member of the Cleveland bar, but practicing only in the social department. [Applause.] Bear with me while I pause for a moment to contrast the present with the ancient condition and order of courts and lawyers. In the olden time, lawyers were so few that each knew and was known by all the others. Now, they are numbered by the hundreds. Then, one president Judge, handi- capped as he was by three associates, managed the entire law and equity, and criminal and probate business of the county. Now, six judges, each the peer of the old presi- dent judge in accomplishments and rank, find sufficient employment in disposing of the civil, criminal and divorce dockets of the courts. Then there was a single court room, that venerable old court house on the Public Square, in and around which clus- tered so many precious and hallowed associations ; now, large, commodious and costly structures supply the needed accommodations — not overlooking the luxurious quarters of the probate judge, presided over by a gentleman so genial, so faithful and so modest that all of us hope he will not again decline a re-election, until our estates shall have been settled. Then, when called to the court in banc at Columbus, three days and nights were consumed in reaching that city, and as many more in returning, to which was to be added the time wasted in waiting for your case to be reached in its order. Now, it is claimed, that with the facilities furnished by the railroad, the sleeping-car and the telegraph, it is practicable for a Cleveland lawyer to try a case in the Common Pleas in the morning, argue another in the United States Court in the afternoon, appear the next morning in an important case before the Supreme Court at Columbus, and the day following, at 12 meridian, enter the Supreme Court room in Washington, pre- pared to submit an argument to that tribunal. And in each court is a stenographer, who takes down every thought and sentence as uttered ; and most marvelous of all modern inventions, a newspaper reporter, who, with equal accuracy, will write out and publish the same thought and sentence before their utterance or conception even. [Laughter and applause.] Under the same rule of progression, what wonderful change may not the junior members of the bar expect to witness in the future of their lives ? But it is time to return to the banquet, its purpose, and its programme. Its design is to provide for the members of the bar and their families a delightful social com- munion ; that existing acquaintances may be made closer and more intimate, and new and agreeable ones added thereto ; that friendships may be strengthened by the inter- l8o THE BENCH AND BAR OF CLEVELAND. change of courtesies and kindly attentions ; and, in a word, that through the interpo- sition of social amenities, the asperities of professional conflict may be softened and subdued. To the end that all may enter fully and freely into the enjoyment of the festival, unrestricted save by the standard proprieties, the chair is requested to announce that the jurisdiction of the federal and state courts is for the time suspended. These gentlemen near me, whom elsewhere you jusdy honor and respect as judges clothed with authority, have gracefully laid aside the ermine and substituted for it the rosebud. [Loud applause.] In the order of exercises, there will be responses to toasts, regular and volunteer, to be followed by music and dancing ad libitum. THE HON. MARTIN WELKER. The president, after concluding his opening remarks, introduced the Hon. Martin Welker, who spoke on "The Judiciary," as follows : I am really at a loss to know what to say in response to the toast assigned me. On an occasion like this it is expected the speaker will present a " Feast of reason and a flow of soul," in the form of wit, humor, eloquence, and brilliant and sparkling gems of poetry. Who can, however, expect to do this in respect to the dry subject of the judiciary ? Who ever supposed that there was either poetry or wit, or, indeed, anything in the sparkling line, connected with my subject? Then, it is exceedingly embarrassing, being a small part of the judiciary myself, and modest withal, that I should be assigned to this response. If the sentiment had been confined to the state judiciary, I might be allowed to say some handsome things of it, and thereby compliment the state judges present here to-night for the able and satisfactory manner in which they discharge their able and important duties. If I could do this, I have no doubt my friend. Judge Jones, who responds to another toast, would, on the principle laid down in the elementary authorities recog- nized by the profession, and particularly those who have been pohticians, "tickle me and I'll tickle you," say something commendatory of the national judiciary, and pleasant for those connected with it to hear. And so, between us, we might give the judiciary a "good standing in court" and before this bar. But to my subject. I need not say to you that it is not the business of the judiciary to make laws, but only to ex- pound and enforce them. I know it is sometimes said by lawyers that the judges do make the law. This, no doubt, grows out of the fact that the lawyer who so declares,, if not able to find it, when at the same time it is very clear to the judge, who knows it intuitively. The written laws are made by the state and national legislatures, the un- written are preserved in the numerous reports of the judicated cases in the form of judg- THE BAR BANQUETS. ISI ments and decrees, forming the great body of the common law, said to embody the per- fection of human reason. In explaining the vast uncoded wilderness of the law by the judiciary, the members of the bar \-ery often do not see the pathway in the same light. Thereupon, differences of opinion arise between the bench and the bar, but generally, for the time being, and in a given case, the judiciary prevails. But in such cases, one of two courses is always open to the disappointed advocate, either to appeal to a higher court and review the case, or to go to his office or the street corners and complain of the stupidity of the judge. The last remedy never helps his client, and, therefore, is not satisfactory to him, however much it may gratify the lawyer. It is unnecessary to say that the judiciary is a great and important part of our governmental machinery. It is a necessity of civilization. Its purpose and object is to enforce the law, punish crime, work out right and justice between parties, protect honesty and expose fraud, secure the rights of persons and property, and they secure the highest form of civil . liberty to the citizen. It may not always be done. It is the duty of the attorney, as an officer of the judiciary, to aid the court in its accomplishment. [Applause.] The growing disposition to litigate everything is crowding the courts, so that time is not given, as it should be, for the satisfactory trial of cases. As the lawyers multi- ply, and the struggle for business and acquisition of fortune and fame increases, there is a tendency among them to "question everything, yield nothing, and talk by the hour," and thus very often consume much unnecessary time in the discussion of matters not exerting controlling influence in the case. This tendency is well exposed in one of the ancient books of the law, which one is not now remembered : " Some bait their hooks With mites of cheese. And sit on a kernel And bob for fleas. Others bait their hooks With tiger's tails. And sit on a wreck And bob for whales." The expeditious as well as satisfactory manner in which the judges discharge their duty is largely influenced by the attorneys engaged in trials, and the aid they give, or do not give, to arrive at correct results. Then, again, the judiciary in the admin- istration of the law is entitled to the respect of the bar, and at the same time the attorney is entitled to the confidence and respect of the court. They are, in fact, co- workers together, each entitled to gentlemanly deportment from the other. Without this continued courtesy, both are likely to lose the respect of litigants and the public, and, therefore, fail to accomplish what is required of the judiciary as well as the bar. [Applause.] l82 THE BENCH AND EAR OF CLEVELAND. In the excitement of heated contests in the trial of cases, I know full well that judges, as well as lawyers, often forget their duty in this respect, and need to guard themselves to a\oid this result. Allow me, in conclusion, to say that this festive occasion is a good time to resolve to mend our ways, and, in the future, to make our associations as judiciary and bar personally pleasant to ourselves, and thereby advance the administration of justice. [Marked applause.] JUDGE paine's response. The President — The next subject is jury trials. The response will be by Judge R. F. Paine. Judge Paine arose, and said : Mr. President : I am expected to give an eloquent dissertation upon the subject of jury trials within eight minutes. Now, I have a very high appreciation of the judiciary, their valuable services, and the indispensable necessity of an able and en- lightened bar. But what will we do without a judge ? It is to this question of a jury that I am to address myself for the next eight minutes. Now, gentlemen, under our system, a jury is composed of the apostolic number of twelve men. [Laughter.] They are selected from the mass of their fellow citizens upon the understanding that they have the qualifications to perform the important functions of jurors with an intelligent and unbiased manner between the two parties to the suit. There are two classes of jurors, grand and petit jurors. I am not supposed to say anything upon the subject of grand jurors, or to enter their room, for they try nothing. The petit jury is divided into two classes. Some are different, and some are indifferent. [Laughter.] And in my own experience, a short time ago, I gained an insight into the qualifications of one of the jurors. He may be called a different juror. I had been addressing a jury for half a day in an eloquent and forcible manner, and had especially picked out for my target the juror sitting immediately in front of me. I addressed my remarks direct to him, in the most eloquent terms, speaking in poetry, prose and metaphor, and the more I said to that fellow, the more he coughed ; and when I thought my case well fixed in his mind, he would fall into a sudden fit of coughing, and thus it proceeded. Court adjourned at noon, and I started down stairs after the very warm and vigorous effort I had made. Passing this juror, I left him with the defendant in my rear, following right around down stairs behind me. I heard the juror say to him, "You need not be afraid, I am not going back on you, old fellow.'' And he didn't go back on him, and he's what I call a different juror. [Laughter.] There's another class of jurors, and they are indifferent as between the parties. And you will usually find them in a warm, comfortable room. One-half of them will THE BAR BANQUETS. 1 83 be asleep, and they are indifferent to all that is said. A year or two ago, I remember a good old man who was eternally on the jury. He would come into the court room, his eyes sparkling like diamonds, and would sit up bold in his place, ready to be called on the jury, and when called he would go to sleep in twenty minutes, every time, and never failed. I reasoned and remonstrated with him, but without avail. Finally, I said to him, one day : " Do you sleep well nights? " He said, " Not very well." I said, "You just take a notary public home with you, and let him swear you, and you will go to sleep within fifteen minutes." [Laughter.] And these are the regular jurors ; but there is another class that are called the setters. They have been expelled from the higher courts. But I understand they have taken up their gathering at the Probate Court of our county [laughter], and you go there on the first Monday of every month, and you will find the court house swarm- ing with these setters. They make an application to the court, and he, in the goodness of his heart, must find a vacancy, and if he does not, they will stand round and at the close of court will say, " Is there any chance of appointing us an administrator?" and the court will say, " It has been alarmingly healthy this year, and there is no chance," and then they will take up their march from the court rooms, and prate of hard times and the terrible effects of our financial embarrassments upon the producing interests of the country. [Applause.] REMARKS OF JUDGE TILDEN. The President — The next toast to which we will listen for a response will be ' ' The Pioneer Lawyer," responded to by Hon. D. R. Tilden. Judge Tilden spoke as follows : I have been called upon to respond to this toast, and I see here before me some men that are taking notes, and I want you to under- stand particularly that I am not talking for the United States, but for this festive oc- casion. [Laughter.] Now when the word toast comes to my mind, it is associated, if my recollection is correct, with something warm, but I am told here that this is cold weather, and how you are going to reach our old ideas of toast is a little more than I can comprehend. Now, while I would rise to this response, I am still more embar- rassed with this "Pioneer lawyer." What does that mean? Who were the pioneer lawyers in this world ? I suppose, if it has any meaning at all, those old English judges, such as Mansfield, Hale, Coke and Littleton, and that dirty old fellow, Strong. Those who got up this programme supposed, no doubt, that I was personally accpiainted with these men. They thought, of course, from this white head of mine, that I was very intimate with them. If it didn't mean that, what did it mean? Well, these old 184 THE BENCH AND BAR OF CLEVELAND. men I refer to might well be called the pioneers of the law. They aided in building the magnificent structure we call the common law, and perhaps that is what was meant. I am a little lost, and I hope the president here will stand by me in this trouble. Per- haps the toast may have had reference to the ten men I was associated with forty years ago. [A voice — "One hundred years." Laughter.] Well, not quite so far back as that; but I am willing to turn to the record, where I think you will find that I have been in practice over one-half that number of years. I recollect tho.se judges and the lawyers of that day ; and now let me say a word about the judges. They were a sober, dignified body of men, with a good deal more decorum than we have now, except in the Probate Court, although I have noticed lately that there is a little giving away there. But to go back to the English court, we have a great deal more dignity there than we have now. For instance, in regard to the manner of opening the court. The only way with dignity that the court starts right is thu,? — the old way : "Oh yaas. Oh yass, Oh yaas. All ye have to do before the honorable Court of Common Pleas draw near and give your attention, and you shall be heard ; " and then, at the ad- journment, " Oh yaas. Oh yass. Oh yaas. All who have to do with the honorable Court of Common Pleas will depart hence, and give their attendance at 2 o'clock, and you shall be heard." The sheriff" would pronounce that in a sonorous voice, and it made a strong impression on the outsiders [laughter], and shame to the people who instituted that charge we now hear, "This court is now open," and gives a whack or two with his gavel; and at the close, "This court is now adjourned until 2 o'clock this after- noon." What a shame to the people who will tolerate it and follow it ! Now, gentle- men, let us go back. They went to court well dressed, and behaved a little better than they do now. Court day was a great day when I was a young man. I have seen that man (pointing in the direction of Judge Paine) with a swallow-tail coat, always in his best clothes. He was a most excellent man and an able lawyer, but he had one physical defect ; he was what we call color-blind. He could not tell whether he had on a clean shirt or a dirty shirt. [Laughter and long-continued applause.] There was a little more decorum and a litde less talking than there is now. And the mode of special pleading my friend referred to. We used Chitty's pleading. It was a close, metaphysical work, and thoroughly tested the character and mind of the man. I un- derstand under the present mode of pleading it is simply necessary to state that Bill owes John, and John wants his money. But under the old-fashioned way of plead- ing a great deal of sharpness was exercised, and more time was taken up than the present generation will ever require under the existing practice. I am not very well prepared to talk upon this subject. It is a pretty broad one. But I have no doubt we have a great many new things that will help us along in our civilization. I do not THE BAR BANQUETS. 1 85 think, as far as the practice of the law is concerned, we have made any great advance- ment, although I am not competent to judge of this question, for I've been out of practice for some years. Probably some little advice to the young men would be in order. Now, my advice to you is this, and I am going to conclude with this advice. There are some points in which you can be improved. [Laughter.] May be you don't believe that. [Laughter.] When you go before the court, wear good clothes and those that fit you pretty well. A man thinks better of himself when he wears good clothes. Like myself. [Laughter.] And behave well, and don't raise too many ques- tions ; and, above all, have your reports sustain your arguments. There were but few reports in our day. Now everything is made from the reports, and there are reports without end, and I would like to inquire here if there is ever going to be an end ? Now, here lies the difference between the old practice and the new. A young man starts out for the office of the justice of the peace, and right behind him will fol- low a man with a whole mule load of reports. [Laughter.] They go before the justice and confuse him with these reports, one deciding one way and another another ; and in this way the pettifogging is carried on. And then they will go with their load of books to the Probate Court, but you will have considerable trouble to get there [laughter], but along comes the load of books, and then you go to the Court of Common Pleas, and the Common Pleas, of course, will back up the question raised. We had but few of those reports when I came to the bar. We drew our conclusions from the common law. But as to the advice — when you go into court, behave well and raise as few (juestions as possible, and none unle.ss they have a purpose and a direct bearing upon the question before the court. Now, in my experience in the Probate Court [laughter], a man is put on the stand, and is asked how old he is. He says, "I am eighteen years of age." The lawyer jumps up, and says: "Hold on; how do you know you are eighteen? [Laughter.] Were you there when you were born?" "Yes, I suppose so, but I don't know.anything about it." " Well, how do you know you were there ? " [Laughter.] " My mother says so." "No, that's heresay evidence. Bring in your mother." "She is dead." "Well, who was there besides your mother?" "Well, some other persons — ladies, I believe." "Well, bring them in," and then comes a conversation, and a dispute of about an hour. Now, my advice is — never object to a point in the case unless it has an important bearing on the question at issue. I know I'm not an eloquent, flowery speaker [pointing to the reporters — "You're not taking down anything I say there, I hope "], and now, brethren, I will close, and when your business in life is over, may it truly be said of you that you ably served one of the most dignified and honorable professions of the age. 1 36 THE BENCH AND EAR OF CLEVELAND. ADDRESS OF JUDGP: JONES. Following Judge D. R. Tilden came the Hon. J. M. Jones, speaking on "The Administration of Justice." It would be a vain attempt for the most silvery-tongued or gifted orator among you all to do even scanty justice to a theme like this within the brief period allotted to me for its consideration. But I take pleasure in solacing myself with the reflection that though you all believe brevity to be the soul of wit, you will no more expect me in five minutes' time to do justice to this occasion than you would imagine an unskillful navi- gator could make a journey to the Indies in a week, or an inexperienced artist paint a magnificent landscape in an hour. And I strongly suspect that your honorable and efficient committee were fearful that some of us had been botded up so long on the bench that if we once got under full headway we might, like Tennyson's brook, "run on forever." And if they thought this goodly company could not "brook" such a tide of eloquence, I'm sure I, for one, cannot blame them for dam'mg the stream so very near its mouth. Law, Mr. President, in its most unrestricted and comprehensive sense, is as broad as the realms of the boundless universe ; it is as deep and inex- haustible as the mysteries of human existence; it is co-existent with, and as endless as, eternity itself; it governs as well the lowest form of inanimate matter as the highest emanations of eternal wisdom ; it surrounds us everywhere as lovingly and firmly as the waters of the sea surround the inhabitants thereof, and it fills with its glory and fruition the heavens and the earth. In its more restricted sense, the law rules, regulates and governs nearly all the multitudinous relations of life, from the very cradle to the grave ; and, even after death, it distributes your accumulations of years, according to your will, and protects, or at- tempts to protect, in undisturbed rest, the frail clay you once inhabited. This municipal law is the result of the accumulated experience of centuries. The human race has been taught by the experiences of its long march from barbarism to civihzation that law, order, equality of rights, liberty and justice, are highly essential and conducive to its progress and happiness. To accomplish these purposes, constitutions are made, statutes are enacted, courts of justice are established and their jurisdiction invoked. As a late writer has remarked, " A court of justice represents the judicial majesty of all the people ; through the forms of law it utters their mighty voice in judgment. Prop- erty, character, liberty, and even life itself are involved in the issues before it, and it needs all the aid which composure can lend to reason to enable it to discharge wisely and impartially its manifold and most momentous duties." The paramount importance of securing an able, learned and incorruptible judiciary, independent alike of executive power or of popular clamor or prejudice, and knowing THE BAR BANQUETS. 1 87 no master but the law and everlasting justice, has long been recognized in every civil- ized country of the world, and to secure such a judiciary and to place it in a position of entire independence has been the purpose of many statutory regulations. Hence, in the United States, the justices of the Supreme and other United States courts hold their offices substantially for life. The judges of the English courts, who previous to A. D. 1600 held their offices merely at the pleasure of the king, have now for nearly two hundred years been substantially secure for life in their positions, and only remov- able on the address of both Houses of Parliament. Prescott tells us, in his ' ' History of Ferdinand and Isabella," that there were repeated and brilliant examples in the his- tory of Arragon of successful interposition on the part of the justices for the protection of individuals who were persecuted by the crown, and in utter defiance of every attempt at intimidation. That the kings of Arragon, chafed by this opposition, procured the deposition, on more than one occasion, of the obnoxious judges. To prevent this interference, so subversive of an independent discharge of the high judicial functions, a statute was passed as early as A. D. 1442, making the judicial office one for life, and the judge removable only for sufficient cause, by the united action of the king and the cortes. This is said to be one of the most ancient precedents in favor of the independence of the judiciary, and favorably reflects on the wisdom of the free states of Arragon. Many other nations and states have enacted these or similar provisions to accomplish the same end, to wit : long terms of office, exemption from legal responsibility for judicial acts, and fixed salaries, which cannot be increased or diminished during their terms of office. Many splendid examples may be found scattered through English history where incorruptible and courageous judges and lawyers have protected the people and their liberties against the aggressions of kings, with an unyielding firmness and fortitude worthy of all praise. And modern history shows but comparatively few instances where the high duties intrusted to the judiciary have been faithlessly administered. But it is not possible for even an able, industrious, learned and incorruptible judiciary to thoroughly and efficiently perform its widely variant and multitudinous duties without the efficient aid which they are accustomed to receive from the industry, the learning, the tact and eloquence of the members of the legal profession. No profes- sion in the world is superior in dignity to it ; none are habitually called on to deal with subjects of more absorbing or momentous interest, and in no other profession has industry, learning and genius so frequendy surmounted all obstacles of fate or fortune and ' ' planted the shepherd's crook beside the sceptre." It is of the highest importance in this pro- fession that there be at all times the most scrupulous honesty; the highest sense of honor; the most unfailing faithfulness to courts and clients; a courtesy and a chivalry 1 88 THE BENCH AND BAR OF CLEVELAND. that Utterly scorns all mean or unfair advantage over an opponent, and a culture as broad as the interests of men. It has been said, with some truth, "that the sparks of all the sciences in the world are covered up in the ashes of the law," and it is true to a remarkable degree that in the active practice of the law, involving an almost endless variety of questions and controversies, there is scarcely any department of human learning or experience that may not be involved or available. At the bar, courage, tenacity, fortitude of the highest order are also frequently necessary in the performance of its highest duties. The legal profession is no fit place for weaklings, idlers, dawdlers, incompetents or frauds ; and in no profession will such qualities sooner find and everlastingly retain their proper level. Let all the avenues to the legal profession be jealously guarded against their approach. If I were not in this instance the veriest slave of time, I would like to briefly recall the noble and conspicuous part which lawyers in past times have taken in all of the most eventful of the great moral, political and military struggles of the world for liberty and constitutional freedom. In all these contests, they have conspicuously been the haters of oppression, the natural foes of despotism, the knight-errants of progress, and the chivalry of civilization ; and, in all of these grand conflicts, they have garnered up for themselves and the profession they have graced and honored unlimited and unfad- ing laurels and in-qaerishable renown. But I am admonished by the faint shadow of a frown, which I fancy of our accomplished and courteous president, that the brief time allotted to me has already been more than exhausted, so I will at once yield the floor to a more eloquent tongue and a more congenial and delightful theme. I know you are eager to listen to the response to the toast, "To the Ladies," from the distinguished gentleman who is to follow me, and he will, if any one can, most beautifully and artistically proceed ' ' to paint the lily and adorn the rose. " WHAT HON. J. W. HEISLEY SAID. Hon. John W. Heisley next spoke on "The Trials and Rewards of a Lawyer," as follows : How little our clients know what we suffer for them ! How little they know of the sleepless nights we pass through contemplating and studying their interests ! How many times we are embarrassed by the absence of the all-needful witness ! All this we could not enlarge upon in these few moments. But though not feeling in a toasting frame of mind, I will mention another source of our trouble. We see a procession moving along; in front of it an old, gray-headed woman, wrapped. in her poverty and rags, and made a pauper. For her we see no remedy. Behind her come the children, poorly clad and abandoned by the profligate husband. For her there was no remedy. THE BAR BANQUETS. 189 I saw ill the procession a boy, long, lean and pale, and when I saw him a chill ran over me. And I let the procession go by, one by one, when I saw a woman, and in her hand a banner, and on the banner I saw the word "Kerruish." [Applause.] It is said, a farmer requests a fee simple in land ; the lawyer requests a simple fee in hand. [Laughter.] Now, once in a Probate Court [laughter], in a city I practiced law in for a good many years, and I do not want to name the city, I found the judge was trying an Irish woman. The judge was about to sentence her, but said . " Now, Margaret, the facts are complicated. I told you that if I ever found you guilty again I would send you to jail, and here you are, and I ought to send you up — it is my bounden duty ; but then, you have a young baby in your arms, and what will you do with that ? I will allow you to depart this time, and if you are found here again I will convict you if you have a dozen babies with you." She went out and said to the' woman at the door, "It's a darUng baby; but take, your baby, bless its heart, for I would rather have the speech of that little baby in the court than all the speeches of all the lawyers in Christendom." Hon. John Hutchins followed, in an able and entertaining speech, in response to the toast, "The Ladies." HON. F. J. DICKMAN. The concluding one of the regular toasts, "The Lawyer's Influence in Our Daily Life," was responded to by the Hon. F. J. Dickman, as follows: Mr. President : It will not perhaps be pardonable at a social board like this to fall into a very grave mood of mind. Amid the sober realities of professional hfe, this occasion seems like a passage from the dead level of daily routine to the high lands of light and goodly prospects and cheerful sounds. But while we seize this auspicious hour as it passes, we are not required to forget that it is only a slight return for the contribution of our profession to the happiness and well-being of others. It is not exaggeration to say that the form and pressure and complexion of the daily life of the community at large are due more to the labors of lawyers, as a class, than to those of any other body of men. In all our relations, private and public, we feel the influence of the law and its votaries. In the great struggles for liberty, the leaders of the legal profession have been foremost ; inspiring, encouraging and achieving. Free institutions and popular government have found in our profession a powerful conservative force and safeguard. The principles of the habeas corpus act, the petition of right, the bill of rights and other muniments of public liberty owe their embodiment, in the largest measure, to the patriotism and ability of the masters of the law. Indeed, the great mass of legislation involves the exercise of their duties and functions. The prime object among men, in the organization of society, is the admin- 100 THE BENCH AND BAR OF CLEVELAND. istration of justice. So true is this, that it was said by a philosophic historian, that the EngHsh people were to look upon the vast apparatus of their government as having ultimately no other object or purpose but the administration of justice, or, in other words, the support of the twelve judges of England. And if it were possible for human nature to become so degenerate that justice would entirely quit the earth we believe it would be truthfully said that almost her last residence was among the learned and upright followers of the legal profession. It is their office to redress our wrongs and vindicate our rights of person and of property. Theirs it is to shield us from the hand of violence, from the contrivances of fraud, from the oppression of power. We need not ask who have been the most effective agents in furnishing a guaranty of peace and security to the order-loving and law-abiding citizen. By day, and in the watches of the night, when encompassed by perils, real or imaginary, it is upon the law-making power that we must rely for safety and protection. In the alienation of property, in all the multitudinous engagements and operations of trade, the cautious man of business will lean upon his legal adviser. When he pre- pares for the last hour, as a man of prudence, he will call to his aid his counselor and friend, that he may transmit and distribute the earnings of a life-time, without leaving a legacy of discord to those who are to come after him. And right here let me drop a word as a plea in justification. The legal profession is sometimes charged with rashly fomenting litigation. But, amid the contentions of the. forum, the careless observer is too prone to forget that those who apparently breathe only the atmosphere of strife are elsewhere, with equal earnestness, engaged in the offices of compromise and peace- making — in the exercise of their best talent and diplomacy, to avoid the first entrance into the arena of litigation. The lawyer's influence in our daily life is a distinctive feature in this commercial age of ours. Who shall estimate how much has been done for commerce in modern times by the learned and liberal minded men who have illustrated the bench and bar in England and in our own country ? Let us pronounce, with veneration, the names of Mansfield and Holt and Stowell, of Kent and Story, and others, who have reared for us the symmetrical structure of our commercial law from materials that were once a rude and shapeless mass. The trader, who pursues his gains with moderate capital and venture — the princely merchant, who draws his bills of exchange and sends out his ships and brings home the wealth of the Indies— the sailor, enamored of the perils of the sea— the underwriter, who insures our property on the land and on the water — all feel that their rights are fixed by no uncertain tenure, and are protected under that system of commercial law which has grown to its fair proportions through the wisdom of the great lawyers of modern times. It may well be the pride and boast of. the legal THE BAR BANQUETS. 191 profession that, as an active power in an enlightened and progressive age, it has done so much to meet the wants of a growing commerce and foster the great interests of the mercantile world. Yet, after all, are the rewards of the legal profession commensurate to its toils and sacrifices and achievements ? The well-known and fitting epitaph of the successful lawyer is that " He worked hard, lived well and died poor." The inadequacy of legal emolument may, indeed, prevent the accumulation of wealth. But the learned and virtuous lawyer and judge has not failed, if in his professional Hfe all the ends he has aimed at be those of truth and justice. No one, we are told, could know Sir Samuel Romilly and doubt that he only valued his own success and his own powers in the behef that they might conduce to the good of mankind, and that each step of his prog- ress might be attended with some triumph in the cause of humanity and justice. With leaders and guides like him, along the arduous paths of professional life, there cannot be a nobler reward than success in the emulation of their virtues. The regular programme of toasts being now concluded, volunteer speeches were called for. SECOND BAR BANQUET. The brilhancy of the first inspired the second bar banquet, which transpired in February, i88r, at the same hall. The Supreme Court, the United States District Court, the Common Pleas, the Probate and other local courts had each a representative. Judges Boynton and Welker, of the two first named, occupying prominent places in the assemblage. Hon. James Mason presided at the central table, with Judge Stevenson Burke and Judge Darius Cadwell on either side. Another table was presided over by J. E. IngersoU, Esq., while Hon. R. P. Ranney and General M. D. Leggett sat at the head of the remaining two. Other legal gentlemen, of more than local fame, were R. C. Parsons, Judges McKinney, Barber, Hamilton, Williamson, Jones, Pennewell, McMath, Tilden and Cleveland. The Germania orchestra played some of its sweetest selections during supper. Ladies again added graces to the occasion, making in all 350 guests. Rarely, if ever, were more interesting after-dinner speeches made here or elsewhere. The speech-making was inaugurated by President Mason, who introduced Judge Boynton, of the Supreme Court, as the first speaker. JUDGE BOYNTON's SPEECH. The opportunity offered to meet so many of the members of the Cleveland bar compensated, in some degree, the misgiving I felt at the undertaking to respond to a 1 02 THE BENCH AND BAR OF CLEVELAND. toast. Persons engaged in the administration of justice know very well the magnitude of the subject, and how difficult it is to say very much about it, that will be of any con- sequence, in the few moments allotted to an occasion like this. "The Administration of Justice" involves the necessity of two things— the providing of just and wholesome laws, and their just and impartial enforcement. When the state provides laws, and the machinery for their prompt and efficient administration, which give full and complete security to life, liberty and property, it discharges its whole duty to the citizens. For, although the great body of rules pre- scribed for the regulation of civil conduct, or the business affairs of life, is of vast proportions, and designed to meet all the wants of society, they are all made for the ultimate end and purpose of vindicating and protecting the rights of person and prop- erty. And I believe it can be safely said, that in the jurisprudence of no country is this security more certainly assured than in ours. The principle drawn from the common law that the right of no person shall be taken from him, except by the judgment of his peers or the law of the land, is regarded in no country in the world as more sacred than in ours. It lies at the very foundation of all our institutions. It matters little in what words the principle may have been formulated, the fundamental idea is, that rights of person and property cannot be taken away, except in the mode and through the means and instrumentalities to which e\ery citizen is subject. It is true, that the mere providing of laws, although fully adequate, when administered, to do entire justice between parties litigant, is a duty but half performed. They are of little value, how- ever just in their provisions, unless executed in such time and rhanner as will secure their beneficial effects. If the laws, which are prescribed for the regulation of the conduct and dealings of men in their intercourse with one another, were strictly ob- served, or if to do unto others as we would have others do unto us were a law of our nature, from the obligation of which we could not escape, there would be little need for courts of justice. In such case, justice would administer itself But, as such is not the case, it became necessary to create tribunals to which the public administration of justice should be committed. I cannot attempt here to trace the origin and history of these tribunals, although forming a very interesting chapter of English history. Following their establishment, and to bring the administration of justice more nearly to those affected by it, there was engrafted on those tribunals, which, in the distribu- tion of jurisdiction among the courts, were to administer common law remedies, the right of trial by jury. At the same time came the advocate, who, by reason of his special training and learning, became an almost indispensable factor in the administra- tion of justice. As the king was the fountain of justice in the theory of the English I'HE BAR BANQUEIS. 1 93 constitution, all courts of record were his, in right of royalty. But in this country, all courts, whether of record or not, emanate from a source, which, if unroyal, is at least equally sovereign. \\'ith us, a court of justice represents the whole power of the state. It is the representative alike of the power and justice of the collecti\e body of the l)eople, whose laws it is constituted to administer. I can conceive of no business per- taining to the affairs of life, which, in point of dignity and importance, or in its influ- ence and effect upon society, or in the pleasure it affords to those engaged therein, whether upon the bench or at the bar, bears any comparison to that connected with the practical administration of justice. New relations growing out of new activities, and new developments in the arts and sciences, give rise to new and important legal ([uestions ; and it is in the investigation of these questions the lawyer takes a special interest. Mr. Lieber, in his " Civil Liberty,'' says, that " a living common law is like a living common language, like a living common architecture, like a living common literature. It has the principle of its own organic vitality, and of formative as well as assimilative expansion, within itself" It is the finding and applying of the prin- ciples of law, which arise out of new relations and new combinations of facts, that constitutes one of the most pleasing features of legal investigation. But the subject has a less interesting aspect, and one which, at the present day, has great practical importance. It relates to inefficiency in the administration of justice, growing, no doubt, out of a variety of causes, one of which is the long delays which intervene between the commencement of an action and its final determination. This is not only true of our own state, but, I belie\'e, is generally true of all states having great com- mercial and manufacturing interests. And the problem now before the profession is, how the difficulty can best be solved, and a better effect given to that provision of the constitution which declares that all courts shall be open * * * and justice administered without denial or delay. * * * ='- * I tru.st it will not be deemed impertinent for me to suggest that an adequate remedy cannot be found for the ills complained of, except by examining and consid- ering all the causes from which they proceed. Some of these, I will venture to name : First, we have become a great commercial and manufacturing state. .\ net-work of railroads not only threads the state, but manufacturing establishments are found in nearly every locality. This change in its business character, in connection with new relations growing out of new enterprises, necessarily and largely increases litigation. Another, and a prolific source of delay in appellate tribunals, grows out of regu- lations pertaining to the practice, and the mode of making up records. I refer, first, to the right of parties to go to the court of last resort, with the evidence, and ask that court to find the facts ; and, secondly, the vicious practice of making up bills of ex- ip4 THE BENCH AND BAR OF CLEVELAND. ceptions from stenographic reports of every word uttered in a trial, from the opening of the case to the close of the testimony. These bills, instead of confining their con- tents to the evidence, and such questions of law as arise during the trial, bring upon the record every question asked, as well as the answer ; every objection made by counsel, together with his argument thereon. The time of the court is necessarily taken in reading a large mass of matter that ought to have been left behind. It is not an unfrequent occurrence for the records, when printed, to contain several hundred pages of octavo matter. Another source, not only of delay but of litigation, is the frequent change of statutes and the careless manner in which they are drawn. I very much doubt whether any one thing can be found that would more certainly lighten the labors of both court and counsel than statutes clearly expressing the purpose intended, and so just in the principle enacted as to make modification or repeal unnecessary. There are many other causes of delay, in the administration of justice, which time will not permit me to mention. With all the difficulties attending it, it has, to one who loves his profession, a peculiarly bright side, one of the most pleasing of which is that it brings into friendly and social intercourse men deeply imbued with the love of that quiet science, the study of which has been well pronounced to be the mo.st hon- orable occupation that could engage the human understanding. At the conclusion of Judge Boynton's response, the president read the sentiment, "The Court Below," which was ably replied to by Judge Henry McKinney, of the Common Pleas Court. JUDGE M'KIN'NKV's speech. Mr. President, Ladies and Gentlemen : In rising to respond to the sentiment just read, I am not a little embarrassed at not quite comprehending just what is meant. "The Court Below," in its broadest signification, probably embraces all the tribunals "beneath the rolling sun and starry skies," every tribunal inferior to the court presided over by Him "Who in the highest heavens has fixed His throne. Supreme of Lords, unbounded and alone." Yet I can scarcely believe I am expected to go tearing through the unixerse on such a tour. Much preferring to make a mistake than set out on such a journey, I have determined to strike for the best institution of the kind I know of on earth. I need scarcely say I allude to the Court of Common Pleas. Whatever may be said of the Supreme Court, or of any other court or courts, high or low, it can be truly said of the court below that among all the tribunals in our system of jurisprudence there is not one so loved by, nor one so wholly and completely the court of, the THE IIAR BANQUETS. T95 people, and so entirely the work-house of the good lawyer, as is the Court of Common Pleas; not one that nestles so near the great heart of humanity, and administers justice with a purer or whiter hand. It is sometimes said that words are mere things; that ' ' Words are lighter than the cloud foam Of the restless ocean spray, Vainer than the trembling shadow That the next hour steals away," and yet we all know that they often expand, and their power attains to regions far above the range of man's capacity, that they are not mere things, but become endowed with wondrous power. "How forcible," says Job, "are right words." The word "below" has made me very suspicious of this toast, and I have been edging around for some time to know where to begin. I have concluded to treat it as meaning something, and as not meaning anything. By such a course, I shall hit both sides of the question, and thereby give the court and jury their choice, and undoubtedly re- move very many difficulties from the mind of the court. Of course, the court above prefers to hear both sides of the question, so that it can decide on both sides. But, seriously, it certainly is not intended by the use of the word " below" to character- ize the Court of Common Pleas as a tribunal of little importance, for I apprehend it must be confessed that, whether regarded in respect to its jurisdiction (especially in divorce cases), the extent and magnitude of its business and its importance, or the character and ability of those who practice therein, or the number and great learning of those it furnishes to preside in the higher courts, it is inferior to no other tribunal. Like the valley, it may appear humble, still, everybody knows that the valley is richer and more fertile than the mountain top ; that orange groves are not found on mountain sides and hill tops — that it is beloio where grand and majestic rivers roll, carry- ing on their bosoms the product of every clime and land, and it is from below the sweetest fragrance of choicest flowers come. The court below is a lively institution, it is up and doing, its dignity does not overcome its usefulness, nor is it under the necessity of hiring "journeymen." The difference between it and some other courts is the difference between the stagnant marsh and the flowing river. It is the spot and tribunal where men are made to think, where men are trained, cultured and disciplined, and fully qualified to discharge the duties of all other courts. It is the court of force and power, the court of orators and oratory, the great American school of eloquence and reason, where the understanding is convinced by logic, and the feelings thrilled by the art of the orator. It is the school in which the great "defender of the constitution" mastered that eloquence which, in his immortal 7()6 THF. BENCH AND EAR OF CLF.VF.r.ANt). reply to Hayne, rolled like a swelling flood through the halls of the Senate, burst their confines, and, with volcanic power, shook the land with the bugle-blast, "Liberty and Union now and forever, one and inseparable." It is a useful court, an indispensable court — the court of the poor, a court where e\en-handed justice flows in an unbroken stream, the court on which the eye of divine justice rested, as it spanned the gulf of centuries, and the mandate went forth, "Open thy mouth, judge righteously, and plead the cause of the poor and needy." All judicial tribunals strengthen and sustain civilization, and in this sense the court in which the people have confidence, the Court of Common Pleas, I have always regarded as a court of great power for good. It so happily blends itself with and so becomes a part of society that it lends to the government an assurance and strength that no other court can. Let the commercial world throw away the compass, and trust to chance to guide their ships, how soon would stagnation spread its green scum overall the world? Who could hope for anything short of disaster and ruin for all the beautiful cities of earth ? Dissolve and do away with judicial tribunals, par- ticularly "The Court Below," around which cluster so many glorious memories, and it requires no prophet to announce that all is submerged beneath a rolling stream of anarchy. In this court, more than in any other, it is that the hidden villainies of wicked men are unmasked and brought to punishment. I feel, Mr. President, that I have occupied too much time, but before I sit down allow me to ssly that the gentlemen who practice in " The Court Below" do not feel at all hurt by any attempt on the part of others to belittle our court ; we entertain no other feelings than those of pity, and say, as did the Prince of Peace, "Father, for- give them ; they know not what they do." Judge R. P. Ranney ne.xt responded to the toast, "The Pioneer Lawyer." JUDGE RANNEY's RESPONSE. This toast, Mr. President, seems to be "Monsieur Tonison, come again." [Laugh- ter.] It was here last year [laughter], and responded to in a most interesting manner by the distinguished judge of the Crowbate Port. [Laughter.] As a matter of course, he disposed of the most that pertains to it; and I only come forward now as a sort of administrator de bonis non [laughter], to close up what he has left. [Laughter.] In- deed, he has administered upon most of the estates of the pioneers. [Great laughter.] From the best information, however, 1 can obtain, the estates of Coke and Blackstone were closed up just before he came into office. [Laughter.] The pioneers. I find, on looking over and recalling what Brother Tilden said last year [laughter], that he has left two classes of pioneers a little out of the account. IHF. I'.AR r.ANQURTS. 197 I suppose by the pioneers is meant those that have come into the Western country from the old states for the purpose of practicing law in times when this state was being settled. In the first place, there are the regular pioneers — those who came on here early, those who came with the original settlers to the state ; and I presume the gen- tlemen of the bar will at once agree with me that no stronger or better body of men ever came to any state in this Union than came to Ohio with the original companies and the first settlers. The state was very peculiarly settled. Here in the north was the Connecticut Company, that filled it up along the lake border to a great extent. A little south there is the great belt of country, that was flooded from Pennsylvania and New Jersey — the Dutch country. Then came the reservation down in the Muskingum valley, of the tract for the officers of the Revolution. Then down the Ohio river, the little colony of Frenchmen, at Gallipolis. Then there was that important com- pany, the Ohio Company, that settled Marietta. Then came that great tract of coun- try, the very garden of the state, lying between the Scioto and Little Miami rivers, called the Virginia Military District. And then came John Cleve Symmes, who acquired the city of Cincinnati and the surrounding country. Now, with these old pioneer settlers, come pioneer lawyers — gentlemen dis- tinguished for their ability, and from the peculiar fact that they came from so many different directions, from so many old states — indeed, all the old states — from Massa- chusetts, Connecticut, New Jersey, New York, Pennsylvania, and finally, the Virginia Military District from Virginia, and all the old states south of it down to the Carolinas. When they all got here together, and first began to organize civil government here, there never was a body of men having better opportunity to discard and throw away all the peculiarities — the senseless peculiarities, if such they were — of the old states. They came together and formed a constitution, enacted a body of laws that are perfect models and that served the state for almost fifty years. Those were the old pioneers. I wish I had time to go through and recall their names to you. Since I have been over the state, some of them still survived, and were in active life. They were the educated pioneer lawyers of the state. In this part of the state, a single illustration will be remembered in a moment when I speak of Judge Hitchcock, who came down to our own times, and who was one of the original pioneers, coming with the origi- nal settlers. At a little later day, another lot of pioneers came here, and they were made down in New England, so far as this part of the state was concerned. I once heard a'colored philosopher lecture on the proposition that mankind was created and not made. [Laughter.] These original lawyers that came to Ohio in the first instance seem to have been of the created sort, but afterward lawyers were made in New Eng- land for the Western country. T(,8 THE BENCH AND BAR OF CLEVELAND. And now, living there as a boy, and absorbing as boys do — for I think, after all, that while boys may understand very little of the meaning of what transpires, they still have ears and eyes that enable them to absorb a great deal, and it all comes into requisition afterward. Indeed, it is doubtful if we know much more in the end than what we get in boyhood, and we apply it afterward, as experience and judgment dictate. Now, down low in New England, where Brother Tilden came from [laughter], and I did too, another set of pioneer lawyers came on here. They are almost all worn out now. Many of them were very distinguished men, but they were not all so. Now, how do you suppose they are made down in that part of the country — from the hills and the mountains? Why, I can remember distinctly hearing them talk about how they were made there. They would take a well-to-do farmer, or business man of any kind — rich man, worth three or four thousand dollars — [laughter] that made a man rich in those times — and having a medium family, say ten or twelve children [laugh- ter], and if they ran to boys pretty well, which was never regarded as a great calamity amongst them, he would have two or three to put into the learned professions. If they were divided up with girls, perhaps he could contribute but one. But the am- bition of all such men was to have some boy in the learned professions. I heard it remarked amongst the old people there that when they selected those to be put into the professions, they generally took those that were not good for much else. [Laugh- ter.] If they had a boy that would not get up early in the morning, or that would only work while he was watched during the day, that boy was adapted to a profession. [Laughter.] He had got to be educated. That was a most excellent idea with them. They never thought of crowding upon the world an uneducated boor, and putting him in a profession, especially the ministry or the law. I believe I did know in those days they made doctors of some who had not progressed very far in learning, but generally they were educated, and the idea was prevalent that they must be graduates of a college. The minister of the town could prepare them for college without much expense. A little produce off the farm, a quarter of lamb, and such things once in a while would do well enough for them. But then, when they came to go to college, there was an additional expense upon the family, and they had to make it up. It was a great credit to them. They had to make it up in savings, and by being a little more industrious, because the boys must be educated and fitted for some useful employ- ment in life. The hens were not permitted so often to steal their nests after that. [Laughter.] The milk was skimmed a little closer before it was turned into cheese. [Laughter.] Indeed, it was often brought down to the point where it had very little of the look of the milky way in it, but rather of that azure blue that poets have so much glorified [laughter], and all the various modes of saving. When these boys got THE BAR BANQUETS. 199 into college, their after lives were marked out. This one was to be a doctor, that one a clergyman, and the other one a lawyer; and the boys were immediately put on the roll, that was adapted to their station. The future clergyman got a white handkerchief, and had a pious look wherever you would see him. [Laughter.] When vacations came, he attended the sewing societies and all that sort of thing. [Laughter.] The future lawyer immediately looked wise. [Laughter.] He wore a white fur hat, and always carried a bandana handkerchief to put over it if the weather was damp. [Laughter.] His head was a little turned over. It had got to be so heavy he could not hold it upright. [Laughter.] The future doctor would commonly have a slouch hat, and look at you just as though he longed to be at you with a carving knife [laugh- ter], and if he did not succeed in doing that, he wanted to impress you with the fact that he would dig you up as soon as you were buried. [Laughter.] They got through college. The dull ones got through, too. I suppose some of them came out with the knowledge that the earth was not absolutely flat, and did turn over, so far as natural science is concerned, although when they came home in vacations and told their grandmothers so they never would agree to it. They knew better, because they would fall off if it did. [Laughter.] Then the lawyers of the town — because there were lawyers then — would educate the boys, and fit them for the profession. Not that they were very great practitioners, but then they issued writs, and got one and ninepence for it. They often went to the general court, and the little litigation that sprung up would commonly be about letting pigs run in the street, ^yithout having rings in their noses, or geese without having yokes on them. Well, they came to this country in that way, fitted for the \\^est. The common saying was, that while they might not all be very smart down there, they were good enough for Western communities. New Connecticut was a proper place for them to come to. Most of them being naturally smart and educated, would soon find a means of adapting themselves to Western populations. They soon realized that a Western population saw as far into a millstone as those they had left behind; and, adapting their conduct to the taste of a Western population, they immediately became our leading lawyers. The ignorant ones would come on, and nobody could get anything into their heads. I remember one of that class very well, one that had been prac- ticing a number of years. I was set, while reading law, to defend some boys accused of riot — a tumult occurring in front of a public house. Our defense was, that they could not identify them. We got along swimmingly, until at length they called a girl who swore she looked out of a window and saw them, and she identified two or three of them. How to get out of the scrape was the next thing. It occurred to me 2O0 THE BENCH AND BAR OF CLEVELAND. that that lawyer had brought along a domestic from New England. One of the un- doubted rules of law in those days was that you could not swear to anything you could see through a pane of glass. I had not impudence enough to make the sug- gestion to the justice, for, being a Western man, he would probably have kicked me out of the house; but I said to the lawyer, "you don't claim now that this girl can swear to what she saw through the glass?" Well, he asked her if she didn't shove the window up. No, she said she did not, she looked right through the glass. "Well," said he, "I swear, I suppose you can't testify, then." [Laughter.] Those were the pioneer lawyers. They were made down in New England- made over in Connecticut, just as they were over in Western Massachusetts. 1 lived on the high hills of Western Massachusetts, where I could see over onto the hills of Connecticut, where Brother Tilden lived — those very hills in Connecticut from which the old governor of that colony assured Charles the Second he could see the Pacific Ocean, and thereby got a grant which ultimated in the claim of this territory here, and secured to the state 3,000,000 acres of land. They did it all in the same way, and it is all creditable to them — to their industry and their saving — for they had to save. And that is the way pioneer lawyers are made. This pioneering of lawyers, from other states into this, has ceased for a consider- able time. The domestic manufacture is quite up to the domestic wants [laughter] : and if it continues for a few years longer at the same rate, we can not only supply Ohio and the United States, but Europe, .Asia and Africa, if they want them. [Laugh- ter.] There are no more pioneer lawyers, therefore, for this state. Two sets have come on. The one came with the original settlers, when large portions of the state were still occupied by native tribes of Indians. The other came at a later day, and as a means for the overflow of the New England populations, especially of the west- ern populations in New England. They all came on educated. That was the point with them. Industry and savings were the means by which parents educated their children for the professions. .Vs a bod)', therefore, they were educated men. As a body, they were highly creditable lawyers. But, as a matter of course, there were some that were incompetent. It was to that body of men that my friend referred last year — to the best specimens of them — to those who wore ruffled shirts, etc. But I bring forward the rest of them, and as a faithful administrator dc bonis iwii, I commit them all to the Probate Court wow for settlement. [Applause and laughter.] Calls were then made for JUDCE D. R. I'lLDEN, who rose and said : Mr. Pres id )■:.%' r and Genti.emi'.n : I don't understand this arrangement. lam not down in the bills for a speech here. The regular toasts are not disposed of, and it (yLC ^^r-c^ THE BAR BANQUETS. 201 Strikes me that it is not quite in good taste for me, being an interloper, to say anything here. There is one thing, however, I have become a little excited upon. [Laughter.] My friend, the judge, on my right here, has undertaken to get this Common Pleas Court of his that he talked about lower than the Probate Court. [Laughter.] That can't be done. [Laughter.] And when he comes to talk about the usefulness of that court, I would like to be heard upon that proposition. [Laughter.] What have you done in comparison to what has been done by the Probate Court? [Laughter.] Don't I set in motion all the weddings there are in this county? [Laughter.] And don't you go to work and try to dissolve them? [Laughter.] Don't I attend to all the widows and orphans? [Laughter.] The very first that that one says on coming into my court is, "Look here, judge, for heaven's sake, don't have any litigation; we don't want to get into the Common Pleas " [laughter], and it has got to be so now — I don't like to bandy words with my friends here, for they are good friends — it has got so now that it is probably not an uncommon thing for a man to say, as he sees some one going across to his cell, " There's a fellow come out of the Common Pleas — got his case through." [Laughter.] They call it " juryosophy." [Laughter.] It is easy enough to get them in there, but how few of them ever get out. [Laughter.] So, when you come to compare the usefulness of your court with mine, I want it distinctly understood that I wish to be heard upon it. [Laughter.] Now, with regard to my brother Ranney, here, he has complimented me a little too much, I think, upon my effort here last year. I have known him ever since he was a young man. I recollect about the first time I ever saw him. There was one peculiarity about my friend, the judge, when a boy. He had a kind of solemn look — a Puritanic cast of countenance. [Laughter.] I never could quite understand it — a little unsociable. But he had a sort of prescience, I think, when a boy, of the dig- nities and honors that awaited him in his profession, and I attribute to myself a large proportion of that influence that has brought him out of that state of mind. I say — and I am compelled to say it with some reluctance — I was like Falstaff — not only witty myself, but the occasion of wit in other men. [Laughter.] I went at him, and brought him out of that condition of mind in which I found him — [laughter] sober, and sad, and solemn-looking — a little sour [laughter], and I have made him one of the most genial, social fellows in the world. [Laughter.] Once in a while I notice that he puts on that look, but never when I am around. [Laughter.] It is my pleasure to say that he is one of the most distinguished men in the state, and one of the men to whom my early associations are more strongly attached than to anv other. ^^^>i "^^^ educated in the common and a select school ; clerked for a time in a country store, and taught school ; read law with his uncle, J. C. Pomerene, of Coshocton, Ohio; graduated in the class of 1868, law department of Michigan University ; and was admitted at Canton, Ohio, in June of the same year. He located in Cleveland in the following August, entering the office of Grannis & Henderson, and subsequently that of S. O. Griswold, where he re- mained until he formed a partnership with W. A. Seafert. He then formed a partner- ship with Hon. W. C. McFarland, under the firm name of McFarland & Pomerene. As a law student, Mr. Pomerene had taken up the study of short-hand, and because of the special advantages offered in that profession in Cleveland at that time, entered upon the business of law reporting, which he has since continued, and is now a member of the firm of Pomerene & Davies, his partner being Mr. Henry J. Davies, one of the expert stenographers of the West. In 1878, Mr. Pomerene estabhshed the Cleveland Law Reporter, which he conducted for two years, publishing therein short-hand reports of the decisions of the State and Federal Courts of the city. These decisions were 326 THE -BENCH AND EAR OF CLEVELAND. digested along with those of the Supreme Court in the standard digests of the Supreme Court reports. James R. Garfield, the second son of the late President James A. Garfield, was born at Hiram, Ohio, October 17, 1865. After his father became president, he removed with the family to Washington, where he attended the schools of the district. He also attended St. Paul's School, at Concord, New Hampshire, and WiUiams College, graduating from that institution with the class of 1885. His legal studies were begun at the Columbia Law College, which, with a clerkship in law offices, fitted him for actual practice, which he began about two years ago, in partnership with his brother, Harry R. Garfield. Frederick Green was born in Parma, Ontario, April 27, 1858. Educated at the common schools. Came to Cleveland, and studied law under direction of James E. Wright and Arnold Green ; was admitted by the Supreme Court of Ohio in October, 1879. He has been a deputy clerk of the Supreme Court commission, executive clerk, governor's private secretary, and is now a clerk in the city auditor's office of Cleveland. A. T. Hills was born near Plymouth, Richland county, Ohio, October 20, 1854. His education was begun while a farm lad in the district school of his native county ; then he was two years in the village high school, followed by a year's study of Greek and Latin, under private tutorship, closing with the four years' classical course at Wit- tenberg College, Springfield, Ohio, graduating with the class of 1880. He read law two years in the office of Dirlam & Leyman, of Mansfield, Ohio, and, after admission in May, 1882, came to Cleveland, and began practice with Walter S. Mitchell in August of that year. In the Spring of 1884, Mr. Mitchell left the city, locating in Louisville, Kentucky, and Mr. Hills became associated with Messrs. Gary and Gilbert, under the firm name of Gary, Gilbert & Hills, which relationship lasted about one year. Captain Gary then retired, and the firm has since been Gilbert & Hills. Edmund Kitchens is a native of Nova Scotia, having been born at Barrington, June 14, 1852. He attended the schools of his native town until about fifteen years of age, when he was sent to Baldwin University, at Berea, remaining at that institution five years, graduating in 1877. During this time, he taught school from 1874 to 1880; and, taking up the study of law, he was admitted to the bar in June, 1880, and has practiced his profession in Cleveland ever since. He was elected a justice of the peace in April, 18S6, and again in April, 1889, now serving his second term. Harry A. Garfield, the eldest son and child of the martyred president, was born at Hiram, Portage county, Ohio, October 11, 1863. He was educated at public BAR BIOGRAPHIES. 327 and private schools at Hiram, Washington, St. Paul's at Concord, New Hampshire, and Williams College, graduating from the latter in the class of 1885. He attended the Columbia Law School, and one term of lectures at All Souls' College, at Oxford, England. Immediately upon his admission to the bar of this state, he formed the partnership with his brother, James R. Garfield, which still exists. Frank Higley was born near St. Paul, Minnesota, March 16, 1859. He first started to school at Bristolville, Trumbull county, in this state, but soon afterward came to Cleveland, where nearly all his education was obtained, graduating from the Central High School in 1877. He attended the law department of Michigan Uni- versity, at Ann Arbor, and graduated in 1883. He also studied in the office of S. M. Eddy, of this city, and was admitted to the bar in December, 1883, most of the time since which he has been engaged in practice here. During the year 1884, he held the position of deputy clerk of the Supreme Court of Ohio. Melancthon C. Hart was born December 15, 1846, in Farmington, Trumbull county, Ohio. His course of education began in the common school ; thence to West- ern Reserve Seminary, at West Farmington, Ohio, where he spent four years, and later one year at Allegheny College, at Meadville, Pennsylvania. He read law in the office of Hutchins, Glidden & Steele, Warren, Ohio, and was admitted to the bar May 5, 1871. He was elected clerk of the court of Trumbull county in 1873, which posi- tion he filled for two terms of six years. He was a private in company H, 171st Ohio volunteer infantry, serving through the war. Is now practicing his profession in this city. Alvin F. Ingersoll was born in Cleveland, October 5, 1859. He passed through the public schools of this city, from the lowest to the highest, graduating from the Central High School in June, 1879. After spending two and a half years at Western Reserve College, at Hudson, he began reading law with Burke, Ingersoll & Sanders, of this city, and was admitted in December, 1885. Since that time until January i, 1889, he remained in the office with the above firm, but on that date the firm was dis- solved, and a new firm, Burke & lugersolls, was created, of which he became the junior member, the other two members being Judges Stevenson Burke and J. E. Ingersoll. M. B. Johnson was born on December 16, 1862, in the township of Elyria, Lorain county, Ohio. His education, until he was fourteen years old, was just such as he could get from time to time, when he entered the Elyria High School, and took a four years' course. He afterwards attended Oberlin College two years. While at- tending college, he taught school in Lorain county, and studied law with Metcalf & 328 THE BENCH AND BAR OF CLEVELAND. Weber, of Elyria, spending his vacations, and as much other spare time as he had, in this pursuit. He was admitted to the bar May 6, 1884, and shortly afterward went into partnership with his preceptors, which continued until the Fall of 1886, when he accepted the position of attorney for the White Sewing Machine Company, with offices in this city. He afterwards formed a law partnership with H. H. Johnson, practicing general law business in connection with his duties as attorney for the White Company. Homer H. Johnson was born in Hartland township, Huron county, on June 26, 1862. When he was six years of age, his parents removed to New London, Ohio, where he went to public school until 1878. He then attended Oberlin College, as also Amherst, and graduated from Oberlin in June, 1885, taking the degree of A. B. In 1885, he went to Cambridge Law School, taking, the degree of LL. B. in June, 1888, and also the second degree of A. M. at the same time. In the Fall of 1888, he came to Cleveland, and formed a partnership with M. B. Johnson, which still exists. Thomas M. Kennedy was born in the southern part of Ireland, on May 26th, 1859. There he attended the national school until about twelve years of age, when he came with his parents to Canada, where he resided until June, 1879. There he learned the trade of blacksmithing, serving an apprenticeship of three years; meantime attending night school, and improving his education as much as possible under the circumstances. In June, 1879, he came to Cleveland, and worked at his trade several years. In the Fall of 1882, he went to Western Reserve University, and graduated from that institution in June, 1884, receiving the first prize in an oratorical contest. He then spent two years at Adelbert College, Cleveland, and, in 1886, began reading law in the office of Ong & McMillin. In the Fall of 1887, he went to the Law School in Cincinnati, graduating from there in the Spring of 1888, and taking the degree of LL. B. He then returned to Cleveland, and began practice in the ofhce with Ong & McMillin. He made friends rapidly, and in the Spring campaign of 1889 was a strong candidate for the nomination for police prosecutor on the RepubHcan ticket, but was unsuccessful. Charles F. Leach was born in Utica, New York, June 19th, 1862. In 1872, his parents removed to Westfield, New York, where he attended the academy, graduating therefrom in June, 1878. He began reading law in February, 1880, in the office of Neff & Neff. Ill health compelled him to seek a more salubrious climate, and he located for a time in Denver, Colorado, where he continued his studies. He was admitted to practice in Denver, and spent a short time in traveling throughout the West, partly for the benefit of his health, and partly in search of a desirable location for BAR BIOGRAPHIES. 329 the practice of his profession. In October, 1884, he returned to Cleveland, and took a desk in the office of Neff & Neff, with whom he still remains. Roger M. Lee was born at Garrettsville, Portage county, Ohio, on September 6th, 1864. He went through the common schools at Garrettsville, after which he spent four years in Oberlin College, and two years at Ann Arbor, Michigan, taking the law course at the latter place, and graduating from there in the Spring of 1886. He then came to Cleveland, and went into the office of Marvin, Laird & Norton, reading with that firm about three months, when he was admitted to the bar in October, 1886, and began practicing his profession by assisting the above firm. He is now in the office with Harvey D. Goulder, Esq. George W. McDonald was born at Newton Falls, Trumbull county, Ohio, July 7th, 1846. He attended the public schools of the village until he was seventeen years of age, when he went into the oil country, remaining two years, and making considerable money. The close of the war rendered his oil properties almost worthless, and he was as poor as when he began. He then went to Hersey, Michigan, and began the practice of law without ever having seen the inside of a law book. He was favored with good luck, and won his first case without any knowledge of legal terms, or the meaning of them. He soon got an opportunity of studying them, however, and went into the office of John H. Standish, of Grand Rapids, where he apphed himself studiously, and, by reading two hundred pages a day, succeeded in passing an examin- ation in three months, and was admitted to the Michigan bar, and at the same time to the United States Courts. He formed a partnership with Rogers, Clay & McDonald as its members, and practiced there until the Spring of 1874. From 1874 to 1881, he was engaged in real estate business in the South, and then accepted the position of labor commissioner for the Denver & Rio Grande railroad, with headquarters at Denver. In 1884, he came to Ohio, and took an active part in stumping the state for Blaine. After the close of that campaign, he located in Cleveland, where he has since practiced his profession. Joseph M. Nowak was born in Cleveland, January i, 1854. His education was obtained in the public schools of this city, completing the course by a term in the Spencerian Business College. He began studying law in 1875 i" '^^ office of Brins- made & Stone, and was admitted to the bar two years later. After admission to prac- tice, he became a partner of Colonel Brinsmade, which relationship existed one year, then with J. A. Smith one year. In the Spring of 1888, Mr. Nowak was elected to the city council from ward 24, on the Republican ticket, being the first Republican elected from that ward for six years, it being Democratic by about four hundred 330 THE BENCH AND BAR OF CLEVELAND. majority. His services in the city council have been efficient in obtaining improve- ments for his ward, and he is popular and a leader among his people. Mr. Nowak also enjo/s, as attorney, an extensive and remunerative practice, perhaps equal to any of the younger members of the profession. Miner G. Norton was born May nth, 1857, at Andover, Ashtabula county, Ohio. He prepared for college at Jefferson High School, and graduated from Mount Union College in the class of 1878. He studied law with Northway & Fitch, at Jefferson, and graduated from Yale Law School in the class of 1880, and was admitted to the Ohio bar at Columbus in September, 1880. The following year he took a post- graduate course at Yale Law College, M. L. degree, class of 188 1. He has been a member of the Cleveland Grays since September, 1881, and was a member of the firm of Marvin, Laird & Norton from October, 1882, to January ist, 1889, since which time he has been in practice alone. James B. Paskins was born March 6th, 1863, at Simcoe, Ontario, where his education, common school and collegiate, was obtained. He studied law with Samuel M. Eddy, of this city, and was admitted to the bar December 2d, 1885. Mr. Paskins took out his final papers on August 4th, 1886, and became naturalized as an American citizen on that date. He has remained in Cleveland since his admission to the bar, and is still practicing here. Truman D. Peck was born October 12th, 1828, at Middlebury, New York. Was educated in the public schools; came to Cleveland, studied law, and was admitted September 12th, 1876. For fifteen years he has been one of the justices of the peace in and for said county. Thomas Robinson is a native of New York City, having been born and educated in that city and state. He is a graduate of Columbia College Law School, and also a graduate in medicine. For some time he was associate judge of the municipal court of St. Paul, Minnesota, but for some years past has practiced in Cleveland. William M. Raynolds was born at Painesville, Ohio, May 3d, 1851, where he went to school until he was fifteen years of age, when he went to military school at Poughkeepsie, New York, two years. From there he went to Kenyon College, at Gambler, Ohio, graduating from there in 1873. He then came to Cleveland and attended Union and Ohio State Law College, graduating in 1874, and was admitted to the Cleveland bar in the same year. He has since practiced in this city. His law practice is mostly in real estate and corporation business. He was chairman of the city Republican central committee one term, which ended last Spring, showing him- self to be a political manager of ability. BAR BIOGRAPHIES. 33I H. L. Vail, the son of the late Judge I. C. Vail, who presided over the Cleveland Police Court, and gave his life to the service of his country, was born in Cleveland, and, after a course in the Cleveland schools, went to the Wesleyan University, at Delaware, Ohio, where he graduated in 1879. He then spent a year upon the literary staff of a company engaged in the pubhcation of county histories, and in November, 1880, accepted a position upon the city staff of the Cleveland Herald. He remained there two years and a half, and then entered the law office of Judges Burke & Sanders, and began the study of law. He also acted as city editor of the Cleveland Voice, and correspondent of the Cincinnati Enquirer until admitted to the bar. He began the practice of law in 1888, although admitted some time previously, having in the mean- time been engaged in building upon some property belonging to his father's estate. Mr. Vail is now engaged in practice. Albert E. Lynch was born at Prescott, Ontario, Canada, October 24, i860. Came to Cleveland when seven years of age ; received his education in the schools of the city, graduating from the High School in 1878. He was engaged as correspondent for an oil firm about a year, studying shorthand in the meanwhile. In the Winter of 1879-80, he was engaged as a reporter upon the Cleveland Herald, and had entered upon a newspaper career of promise, when he received an advantageous offer from the firm of M. D. & L. L. Leggett, attorneys, to enter their service as shorthand re- porter, which he accepted. By advice of Gen. Leggett, he entered upon the study of law, under that gentleman, and in December, 1882, was admitted to the State Supreme Court. In January, 1887, he was admitted to the United States Supreme Court, hav- ing also been admitted to the United States Circuit Courts. From the time of his admission to the present, Mr. Lynch has been in the continuous employ of the Messrs. Leggett as assistant in their law department, and is associated with them in a large number of causes pending throughout the country, his practice being confined almost exclusively to patent cases. He was appointed a United States commissioner for the northern district of Ohio in January, 1889; has been president of Grace church guild for two years ; and secretary of the Central Musical Association for the same length of time. J. J. HoGAN was born in Ontario, on May i, 1859, his parents up to that time having resided at Syracuse, New York. The family afterwards removed to East Saginaw, Michigan. The death of his father, while he was yet a child, threw him upon his own resources, and he passed through the life of a farm boy, with the usual Winters' schooling, until he was sixteen years of age. By hard work and economy, he succeeded in graduating from the High School. He then taught school and clerked 332 THE BENCH AND BAR OF CLEVELAND. for several years, in the meantime preparing for college ; but accepted an advantageous position with R. A. Alger & Co. , at Detroit, where he remained for four years. In 1883, he relinquished this for the purpose of entering upon the study of law, for which he had early conceived a peculiar liking. Under the guidance and direction of a friend, a learned professor, he applied himself diligendy for a year to the study of the English classics, at the expiration of which time he began the study of the law in Detroit. He removed to Cleveland shortly after, where he continued his legal studies, and was admitted to the bar in February, 1886. He opened an office, and in the Spring of 1887 became a member of the firm of Athey, Melichar & Hogan. William L. Rice was born at Wilmington, Delaware, in 1862; was educated in the Pennsylvania Military Academy as a civil engineer ; studied law at Norwalk, Ohio, and was admitted to the bar when twenty-one years of age. He immediately entered the office of Adams & Russell, at Cleveland, as an employee, and practiced with them for four years, when the firm was changed to Russell & Rice. A. G. Melichar was born at Kralup, Bohemia, on November 8, 1861, and came to Cleveland when but four years of age. He was educated in the public schools of the city, and was admitted to the bar in April, 1886. He entered into partnership with J. L. Athey m 1886, under the firm name of Athey & Melichar, and that sub- sequently became Athey, MeHchar & Hogan, which it is at present. Mr. Mehchar was elected to the board of education from the nineteenth district, on the Democratic ticket, in the Spring of 1888. Benj. C. Starr was born at Westmoreland, New Hampshire, on July i, 1848. He was fitted for college at Exeter, New Hampshire, and graduated from Harvard in the class of 1877. He then studied law at the Harvard Law School for one year, and afterwards in the office of Grannis & Griswold, at Cleveland, and was admitted to the bar in April, 1879. He formed a partnership with Hon. S. O. Griswold on Feb- ruary I, 1883. S. H. CuRTiss was born on May 27, 1846, in Summit county, Ohio ;' graduated from Western Reserve College in 1867 ; studied law with Prentiss & Baldwin, at Cleve- land, and was admitted in 1869. He succeeded his father in the firm of Smith & Curtiss, wholesale dealers in teas, coffees, etc., at Cleveland. Wilbur Parker was born at Titusville, Pennsylvania, on May 28, 1858. He graduated from Yale in 1880; read law with W. S. Kerruish and Wiley, Sherman & Hoyt, which was followed by one year at the Harvard Law School. He was admitted in November, 1882, and has since practiced in Cleveland. BAR BIOGRAPHIES. 333 Walter Thieme was bom at Cleveland, Ohio, on April i8, 1867. Was educated in the Cleveland common schools and High School, followed by two years at the Uni- versity of Michigan, at Ann Arbor. He studied two years with Judge George B. Solders, and was admitted to the bar on December 6, 1888. On January i, 1889, he formed a partnership with W. D. Pudney, Esq. Joseph C. Block was born in Hungary, on October 24, 1855, and gained his edu- cation by his own efforts, and through the promptings of a laudable ambition. He read law in Cleveland with W. S. Kerruish, Esq., and took a complete course in the State University, at Iowa City, Iowa. He was admitted to the bar in 1880, and has since continued a successful practice in this city. J. H. Sampliner was born in Cleveland, Ohio, on January 23, 1857; was edu- cated in the city schools, and graduated from the Central High School. He then attended the College of Liberal Arts, at Boston, Massachusetts, and also the Boston University School of Oratory. He read law in Cleveland with Boynton, Hale & Horr, and was admitted to the bar in October, 1888. E. C. Schwan was born in Cleveland, on July 11, 1854; was educated in the Cleveland public schools, and afterwards attended Concordia College, at Ft. Wayne, Indiana. He was admitted to the bar in 1876, and has since practiced here, at one time as a partner in the firm of Gilbert, Johnson & Schwan. Mr. Schwan has taken considerable interest in public affairs, serving for two years as a member of the city council from the eighteenth ward. He is at present commissioner of insolvents for Cuyahoga county. W. B. HiGBY was born in Solon, Cuyahoga county, Ohio, on August 31, 1844. He was educated at Bissell's, Twinsburg, Ohio, followed by courses at the Hiram Eclectic Institute, WilHams College, Massachusetts, and Bethany College, West Vir- ginia. He read law in the office of N. Richardson, Esq. , of Wheeling, West Virginia. Was admitted to the bar in 1870, and has remained in active practice ever since. Mr. Higby served in the 103d Ohio volunteer infantry two years, as corporal and sergeant, and for one hundred days in the 150th Ohio volunteer infantry. James W. Stewart was born in Mercer county, Pennsylvania, in 1848. Edu- cated in the common schools and Westminster College. Studied law with Hutchins & Campbell, of Cleveland, and was admitted in 1876. Was associated, as partner, with J. B. Buxton, formerly poHce prosecutor of this city, now of Kansas City; and is now one of the law firm of Stewart & Johnson. He is also a member of the board of education. 334 THE BENCH AND BAR OF CLEVELAND. Emil Joseph was born on September 5, 1857, in New York City; was educated in Columbia College, and admitted to the bar in 1881. Locating for the practice of his profession in Cleveland, he was in partnership with N. A. Gilbert from 1881 to ■ 1883, and with General B. S. Meyer from 1883 to 1885, since which time he has prac- ticed alone. S. A. Schwab was born September 3, 1853; was educated in the Cleveland public schools. He studied law in the offices of Hon. Rufus P. Ranney and S. E. William- son, and was admitted to the bar in September, 1875, and has since remained in prac- tice in this city. Joseph W. Sykora is a native of Bohemia, and was born at Nivezic, March 21, 1840. He was educated in the public and high schools of Tisek, and at the University of Prague. After coming to America, he located in Cleveland, and attended the Ohio State and Union Law College, which was then in existence here, where he received a legal education. He was admitted to practice in 1871, and since that time has been associated with L. A. Wilson, as partner, in the practice of his profession. G. G. SowDEN was born at Port Hope, Ontario, Canada, on May 16, 1855. He came to the United States in 1872 ; was educated in the public schools and Trinity Pre- paratory College; and commenced the study of law in 1877, in the office of J. P. Daw- ley, Esq. Mr. Sowden was admitted in 1881. Charles Granger Canfield was born in Mantua, Portage county, Ohio, on June 8, 1852. His parents, George W. Canfield and Jannett L. Merryfield, married in 1842, were native to the soil of the Western Reserve, where they were born a,nd hved for seventy years, occupying a high position for business and social life among the pioneers. Charles G. Canfield entered the Eclectic Institute, at Hiram, Ohio, to prepare for college, in 1864. In 1866, the Institute was reorganized as Hiram College, and he continued his studies at Hiram and Alliance Colleges until the Fall of 1867, when he entered the scientific optional course of Cornell University, where he re- mained, pursuing special scientific and literary studies, until the Spring of 1872. Hav- ing finished his studies at Cornell, Mr. Canfield entered the law department of Michi- gan University in September; 1872. In 1874, he finished the course of law, and graduated with honors, having been chosen by his class to participate, with three others, in public debate, which was then a popular exercise of the graduating classes. He was admitted to the bar of Michigan, at Detroit, in 1874, and immediately there- after was admitted to the Ohio ba,r, at Columbus, being one of the first applicants to pass a severe examination under the new rules, which was conducted by a committee of the State Senate. Mr. Canfield then entered the law office of Canfield & Caskey, BAR BIOGRAPHIES. 335 to Study practice under the code, which he continued six months. In the Spring of 1875, he opened an office for himself, and, in 1876, formed a copartnership with D. W. Gage, Esq., which continued for three years. Since then, Mr. Canfield has remained alone in the practice, devoting a portion of his time to scientific and mechanical sub- jects, in which he takes great interest, and figures somewhat as an inventor, having received several patents on his inventions. In his practice and business, Mr. Canfield is known as a courteous, sympathetic genrieman. He has ever maintained a character of sterling integrity in his business, and is uniformly respected by his brethren. Since finishing his college studies, Mr. Canfield has resided in Cleveland, and quiedy pursued the practice of law. William E. Talcott was born at Jefferson, Ohio, October 25, 1862. Was edu- cated at the schools of his native town, graduating from Jefferson High School in 1877 ; the Business College at Poughkeepsie, New York, in 1878; Mount Union College, Ohio, with the degree of A. B., in 1882. Then, continuing, he went to Yale College, attended the law department, and graduated in 1884, with the degree of LL. B. He took post-graduate course, with the degree of M. L., June, 1885. Was admitted to the bar in the State of Connecticut in June, 1884; practiced in New Haven as managing clerk for Baldwin, Townsend & Whiting, and, later, with Townsend & Watrous, until November, 1885. He then removed to Akron, Ohio, and entered upon practice there. He was examined, and admitted to the bar in Ohio, December, 1885. After remaining at Akron one year, he removed to Cleveland, accepting the position of attorney in the claims department of the New York, Pennsylvania & Ohio Railroad, in which capacity he is still engaged. In July, 1889, he was elected secretary of the Ohio State Bar Association. Charles Zucker was born December 25, 1866, in Cleveland. He completed a common school education, and graduated from High School when sixteen years old. After leaving school, he went into the office of his brother, Mr. Peter Zucker, and Studied law with him until he was twenty-one years of age, when he was admitted to the bar in June, 1888. Having been associated five years with his brother in prac- tical legal work and training, he stepped into a good ^practice at the start, and, al- though less than two years in the practice of his profession, has conducted several good paying cases, and is already among the most active young lawyers of the city. John W. Tyler was born May 4, 1841, at Newbury, Geauga county, Ohio. He received a good common school education, and is a graduate of Oberlin College, class of 1867. He taught school for eight years, while attending himself, from i860 to 1868. He studied law at the Ohio State and Union Law College, of Cleveland, and was ad- 336 THE BENCH AND BAR OF CLEVELAND. mitted to practice at Mansfield, in May, 1862. He was a member of company B, 171st regiment Ohio national guard, from May 2 to August 20, 1864. Was county school examiner of Lake county six years, and prosecuting attorney, same county, two years. Was in partnership with Judge Canfield and I. S. W. Canfield, at Painesville, and after coming to Cleveland in April, 1876, was associated, as partner, with Amos Denison, as Tyler & Denison, from January, 1876, to October, 1886. Is engaged alone now. Nicholas P. Whelan was born in Utica, Oneida county. New York, December 25, 1859. Went first to district school, then to Whitestown Seminary, in Oneida county. New York, for three years, finishing for a teacher ; but being anxious to go to college and become a professional man, his father consented to his attendance at Niagara University, New York, where he remained for six years, graduating in classics and the sciences, as well as natural and moral philosophy. A few years later, he en- tered the office of Wm. A. Lynch, and began the study of law. He entered the law department of Michigan University in the Fall of 1886, and graduated from that department in June, 1888. He then came to Cleveland and opened an office for business. Louis H. Winch was born in this city, June 16, 1862, and his education was all obtained here, having passed successively and successfully through the pubHc schools, the Cleveland High School, and Adelbert College, graduating from the latter institution with the degree of M. A. He studied law with Judge Joel W. Tyler, and was ad- mitted to practice in Cleveland, December 16, 1886. He is now in the office with Ong & McMilhn. Samuel Starkweather, Jr., son of the late Judge Samuel Starkweather, was born at Cleveland, on April 3, 1835; was educated at the Cleveland High School and Brown University ; read law in the office of Spalding & Parsons, and was admitted in 1857. He served in the war for the Union in the 84th Ohio. J. A. Smith was born December 12, 1848. Went through public schools, includ- ing the High School of Cleveland. He attended Ohio Wesleyan University, at Dela- ware, Ohio, graduating in 187 1, taking a classical course. Read law in office and at Ohio Law College, graduating therefrom, and admitted to the bar July 4, 1872. Is in partnership in the firm of Smith & Blake. A. Strauss was born in Cleveland, June 30, 1863. Educated in Cleveland pub- lic schools, including the Central High School. Studied law with Burke, IngersoU & Sanders ; admitted to practice in March, 1888, standing at the head of a class of fifty- six, at Columbus. He held positions with various local business houses before taking up BAR BIOGRAPHIES. 337 the study of law, and taught school for several years in Cleveland. He is an expert stenographer, and taught a class in this branch of commercial education for some time. He is now in the office with Judge Stevenson Burke. C. B. Robinson was born October 19, 1853. He first went to country school, then to the high and normal schools, afterwards taking a two years' course of study at Oberlin College. He attended the Michigan University, at Ann Arbor, for one year, studying law, and also spent a year reading with Messrs. Hathaway & Osborne, of Chardon, Ohio. He was admitted to the bar June g, 1879, at Wooster, Ohio. He came to Cleveland two years later, and has since remained continuously in this city. Although a prominent member of the Republican party, and an active politician, he has not aspired to, or held any pubhc office, except being at one time a member of the Republican county central committee. Henry L. Robinson was born in Ogden, Monroe county, New York, August 19, 1839. Was educated at Brockport Institute, Brockport, New York, and University of Rochester, in the class of 1865. He read law with Ingersoll 81 Williamson, of this city, from 1873 to 1876. He has not been engaged in active practice for some time past. He was employed in the office of the provost-marshal general in Washington during the year 1864. W. D. PuDNEY was born February 22, 1846, at Sherburne, Chenango county, New York ; educated at common school, and began a course at Madison University, New York ; but the war breaking out, he dropped his school books and enlisted. He was for two years sergeant in company H, 5th New York heavy artillery, and a captain of company B, 123d New York gifard, for two years. He studied law in the office of Hon. J. L. Cameron, at Marysville, Ohio, and was admitted to the bar August 26, 1872, remaining in Marysville to practice for five years. While in Marysville, he held the office of city solicitor for three years. He has been a resident of Cleveland since July 27, 1877, during which time he has been connected with the law firms of Jackson & Pudney, Jackson, Pudney & Athey, and now of Pudney & Thieme. J. C. POE was born January 31, 1854, at Brooklyn village, Cuyahoga county, Ohio. He was educated in the village school of Brooklyn, at Greylock Institute two years, and graduated from Temple Hill Academy in 1875. He studied law with Ingersoll & Williamson, of this city, and for one year was at Ann Arbor, Michigan, law department; was admitted to practice in the State Courts in April, 1878, and to the United States Courts in May, 1881. Was elected township clerk of Brooklyn town- ship April 3, 1881, and held the office for two terms. Was elected justice of the peace for Brooklyn township April 2, 1888, which position he still holds, 338 THE BENCH AND BAR OF CLEVELAND. John S. Merry was born September, 1850, in London, England, where he at- tended private school for some years. He came to Cleveland, October i, 1867, and was at Oberlin College from 1868 to 1870, when he left to prepare for admission to Michigan University, intending to take a course in civil engineering, but changed his mind, and in November, 1871, returned to England. He came back to Cleveland, however, in November, 1872. In 1880, he began reading law with Judge H. J. Cald- well, and was admitted to the bar in February, 1882, at Columbus, and to practice in the United States Courts in October, 1887. Harvey R. Keeler was born at Harlem, Delaware county, Ohio, July i, 1858, and attended the district school of that village until he was sixteen years of age, when he was sent to Denison University, at Granville, where he remained six years, teaching school as opportunity offered during the meantime, to assist in defraying his college ex- penses. He graduated from Denison in 1880, and for four years thereafter was con- nected with the Bradstreet Company, at Cincinnati, Dayton and Cleveland, as a reporter, reading law meantime at all these places. Later, however, he studied with George W, Sowden, of this city, and was admitted to practice March 4, 1885. J. H. Dempsey was born in Shelby, Ohio, March 29, 1859. Graduated from Kenyon College, at Gambier, Ohio, in 1882. He attended Columbia Law School one year, and was a student under Estep, Dickey & Squire for another year ; was admitted at Columbus, in June, 1884. From January i, 1886, he was a member of the firm of Estep, Dickey & Squire, until January i, 1&90, when the firm was dissolved by Messrs. Squire and Dempsey retiring to form a partnership with Judge William B. Sanders, under the firm name of Squire, Sanders & Dempsey. Robert A. Davidson was born July 4, 1830, in Wigtonshire, Scotland; was edu- cated in the public schools and academies of Ohio. Read law with Hon. Joel Tiffany, and attended Cleveland Law School; admitted to the bar in June, 1852, at Columbus; admitted to United States Courts five years thereafter, and has since practiced in this city. J. C. Lower was born on the 19th day of February, i860, in Mahoning county, Ohio. After the usual preparatory course, he entered Wittenberg College, at Spring- field, Ohio, from which he graduated in 1885. He then read law one year with Judges Boynton & Hale, after which he entered the Law School at Cincinnati, from which he graduated in June, 1888, after which he began to practice in this city. Henry T. Cowin was born in Ohio, March 13, 1850. Was educated at common school, and entered Oberlin College, where he spent several years, most of the time as BAR BIOGRAPHIES. 339 a teacher. He withdrew from the institution to study law with Johnson & Metcalf, of Elyria, where he was afterwards admitted to practice in 1875. Jay L. Athey was born January 28, 1855. Is a graduate of Zanesville, Ohio, High School. Read law with Southern & Southern, of Zanesville, and was admitted to the bar February 4, 1879. He soon afterwards came to Cleveland, and took an active part in the politics of the city, becoming, in a few years, one of the best known young men in Cleveland. He was a member of the city council, and was elected its president. He is now city auditor, and a member of the board of improvements. Has been associated with Messrs. Jackson, Pudney, Skeels, Melichar and Hogan in prac- tice, and is now one of the firm of Athey, Melichar & Hogan. H. C. Bunts, the son of Captain Bunts, late city sohcitor of Cleveland, left school at the age of fifteen, and accepted a clerkship in the office of the King Iron Bridge and Manufacturing Company. In May, 1877, he entered the law office of Kain & Gary, where he remained until March, 1878, when he received the appointment of librarian of the Cleveland Law Library Association, where he remained until October, 1881. He was admitted to the bar in June of that year, and upon leaving the library was ap- pointed assistant city solicitor under George F. Kain. He held this office until Oc- tober, 1855, since which time he has devoted himself continuously to his profession. C. M. Copp was born in Detroit, Michigan; educated in the schools of that state, and later entered the scientific department of Hillsdale College, graduating therefrom in 1872. He came to Cleveland in 1875 ; read law, and was admitted to the Ohio and United States Courts in 1878. He has since been a member of the Cleveland bar. A. Benjamin was born at Bainbridge, Geauga county, Ohio, January 2, 1849, and was educated at Chagrin Falls Academy and Oberlin- College, taking the degrees of A. B. in 1870, and M. A. in 1875. His legal education was obtained at Michigan University, graduating in the class of 1872. He was admitted to the bar in 1872, and was associated with Arnold Green in 1872 and 1873. He at one time held the position of a master commissioner. Is at present engaged principally in the manage- ment of real estate. Charles Taylor was born January to, i860; was educated at common school and at Hiram College, graduating from the latter place in the class of 1882. Studied law with Hon. C. A. Reed, of Ravenna, Portage county, Ohio, and with Ranney & Ranney, of this city. He was admitted to the bar in 1884, and has since been engaged in the practice of his profession. Frank Scott was born July 12, 1862. Was educated at the public schools, and took a classical course at Westminster College, New Wilmington, Pennsylvania; studied 34° THE BENCH AND BAR OF CLEVELAND. law six months with Binford & Snelling, at Marshalltown, Iowa, and a year and a half with George W. Day, of this city. He was admitted to the bar January i, 1889, and has just begun practice. Montague Rogers was born in London, England, where his education was principally obtained. When a young man, he came to America, settling finally in Cleveland, where he soon began the study of law, and was admitted to the bar in 1869. He still practices in this city. John W. Taylor was born November 10, 1851, at Mecca, Trumbull county, Ohio, and was educated at the Academy of West Farmington. After leaving school, he went into the office of Taylor & Jones, at Warren, Ohio, and was admitted to prac- tice in April, 1878. Not satisfied with the studies he had so far received, he took a course in the law department of Michigan University, at Ann Arbor, from which insti- tution he graduated in 1878. From that time until 1884, he practiced in Warren, when he removed to Cleveland, and has since been, and still is, a member of the Cleveland bar. Robert S. Avery was born August 11, 1841 ; educated in the Cleveland schools; read law three years in this city, and was admitted to practice in April, 1877 ; and has, therefore, practiced his profession twelve years. He is a prominent member of the pres- ent city council, and a member of the Republican county central committee, which latter position he has held four years. He was a leading candidate for city clerk last Spring, but, through the treachery of supposed friends, was slaughtered in the caucus before his very eyes. Mr. Avery was a good soldier during the war, having been a member of battery B, ist Ohio light artillery, serving three years. Since the war, he has been a first lieutenant in the 15th Ohio national guard, now the 5th regiment, holding that position five years. He also served two years as inspector-general for the Union vet- erans' union, and is now chief mustering officer for the United States in that order. J. E. Farrell was born in Cleveland, January 21, 1865. Was educated at com- mon and High School of Lorain, Ohio, and at the University of Notre Dame, Indiana. While at Notre Dame, he took up the study of law, and, after his return home, went into the office of Foran & Dawley, to complete his studies. He was admitted to the bar June 2, 1885, and has since remained in the office with Foran & Dawley. Orlando Hall was born in Summit county, Ohio, September 28, 1855; edu- cated principally at Yale College ; studied law in the office of Hon. Rufus P. Ranney, and at Columbia College, New York City. Was admitted at Columbus in February, 1 88 1. Has since practiced in this city. BAR BIOGRAPHIES. 341 G. L. Ingersoll was born in Buffalo, New York, February 13, 1830. He ob- tained his legal education in Cleveland, and has been connected with the Cleveland bar since 1861. He was at one time associated with J. E. Ingersoll and John Hutchins. B. W. Haskins was born in Geauga county, this state, in 1848. Educated at public school ; studied law at Cleveland Law College ; admitted to practice in the State Courts in August, 1872, and in the United States Courts in April, 1873. Joseph A. Amor was born in Wiltshire, England, June 26, 1850. Educated in the public schools. Came to America ; entered Ann Arbor, Michigan, College ; grad- uated from that institution in- 1880. Admitted to the Ohio Courts in December, i88o. Resides in Glenville, this county, and is a member of the board of health of the village. Practices his profession in Cleveland." Charles W. Baker, another Ohio boy, was born at Bedford ; educated at Harvard College ; studied law with Boynton & Hale, of Cleveland ; admitted to practice in June, 1886. Is now located here. Charles W. Chesnutt was born in Cleveland, June 20, 1858, and was educated in the public schools of this city. He read law with Hon. Samuel E. Williamson, and was admitted to practice in March, 1887. James K. Meaher was born in Mobile, Alabama, July 15, 1859, and was given an academic education. He studied law five years in all, beginning with Hon. John J. Perry, of Portland, Maine, and completing with W. W. Andrews and Henry Clay White, of this city. Was admitted to practice January i, 1886. He is at present a deputy in the county clerk's office of this county. Hiram H. Munn was born September 25, 1838, in Rockport, Cuyahoga county, Ohio. His early education was obtained at the country school at Rockport, at Paw Paw, Michigan, and at Chicago. He attended Baldwin University two and a half years. He then went to Allegheny College, and, after completing the course, came to Cleveland in the Spring of 1862, and studied law with M. S. Castle. He was ad- mitted to the bar in 1864. In 1875, ^e became impressed with a strong apprehension that something was wrong with our system of government, and wrote a book on the subject, which he entitled "The History of the Declension of the Great Republic of the United States, with Evidences of its Impending Fall." He persuaded Messrs. Fairbanks, Benedict & Co., proprietors of the Cleveland Herald, that "there were millions in it," and they undertook its publication. The work was intended as a warning to the people to prepare for the dissolution of the American system of gov- ernment; but before the book was put upon the market, the pubHshers made an 242 THE BENCH AND BAR OF CLEVELAND. assignment, the work went out of form, and the author now has the only known copy- in print. P. W. Payne was born February ii, 1833, in Allegany county, New York. Was educated at district school, and graduated from OberHn, Ohio, College, in 1861. He studied law with Kelly & Griswold, and Otis & Coffinberry, and was admitted to the State Courts September 10, 1866, and to the United States Court October 26, 1870. He still continues in practice in this city, and for the past four years he has been devoting considerable of his time to other business than that of law. He has been a member of the Cleveland board of education, notary pubHc, and justice of the peace. Samuel C. Blake was born at Euchd, Cuyahoga county, Ohio, in January, 1856. His education was common school, academic and collegiate, having spent two years at Oberlin. He took the regular law course at Michigan University, at Ann Arbor, and graduated, and was admitted to the bar in October, 1883. He has been associated with J. A. Smith, as Smith & Blake, since 1886. Olin W. Broadwell was born at Dalton, Wayne county, Ohio, on February 14, 1855. His father was a Methodist minister, and having to remove frequently, as all ministers of that denomination do, Olin's education was obtained at the various towns at which his father happened to be located. He graduated in the class of 1877, at Oberlin, having been through a four years' course. Upon leaving college, he began reading law with George H. Foster, and was admitted to the bar on April 4, 1879, commencing the practice of his profession at Norwalk, Ohio. He came to Cleveland in the Fall of 1881, and engaged in the insurance business as travehng agent about three years, with a view of becoming familiar with insurance law. He then opened an office in Cleveland, and resumed his practice. At the beginning of 1889, Mr. Broadwell became an associate of Representative William T. Clark, taking care of the latter's business while a member of the legislature. Mr. Clark afterwards formed a partnership with Mr. Weems, of Logan county, and Mr. Broadwell will probably re- main in the office with them. Charles F. Morgan was born at Oberlin, Ohio, August 3, 1851. Was edu- cated at Oberlin College, graduating from there on August 7, 1872. He studied law in several offices of Oberlin and Cleveland, and was admitted to the bar in August, 1874, and has practiced in Cleveland ever since. William T. Buckner was born at Washington Court House, Ohio, January 2, 1846; educated at pubKc school and Greenfield Academy. Is a graduate of Cleve- land Law School since 187 1, and had had three years' preparation before entering Law BAR BIOGRAPHIES. 343 College. He enlisted in i86ifor three years in company I, 73d Ohio volunteer in- fantry, and was discharged for disability before the expiration of his term. He re- enlisted, however, in company F, lysth Ohio infantry, and served to the close of the war. He came to Cleveland in 1872, and practiced his profession here from the Spring of that year until the Spring of 1884, when he removed to Sedgwick county, Kansas, where he now holds the position of probate judge for that county. E. E. Brooks was born in Newburgh, now a suburb of Cleveland City, October 10, 1 861; graduated from the Cleveland High School in 1881, and from Western Re- serve College in 1885. After reading law one year in the office of G. E. & J. F. Her- rick, of this city, he entered the senior class of the law department of Michigan Uni- versity, graduating with the class of 1887. He was shortly afterward admitted to practice in the Ohio Courts, and has his office with John C. Hutchins. A. H. Atwater was born June 25, 1850. Is a graduate of Western Reserve College, Hudson, Ohio. Studied law at the Columbia College, of New York City ; was admitted to the bar in this state in 1883, and has practiced here ever since. W. M. Johns was born in the county of Cornwall, England, September 16, 1838. Educated in select schools in England, and public schools of Canada; also at the academic institution at Belleville, Ontario, Canada. Read law in the office of Hon. Walter McCrea, of Chatham, Ontario, and with Austin Blair, and Johnson & Higby, of Jackson, Michigan. Was admitted to the Michigan bar September 16, 186 1, and to the Ohio Courts in 1879. Was commissioned as general recruiting officer of the vol- unteer service by Austin Blair, then governor of Michigan, and Adjutant-General John J. Robertson, of Detroit, Michigan. Is now engaged in law practice in Cleve- land. Lucius B. Eager was born in Orleans county, Vermont, October 18, 1823. He was educated in the common schools and academy of his native state. He came to Cleveland in November, 1841, and engaged in contracting and building until 1859, when he was elected constable and deputy collector of internal revenue. These two offices he held until 1873, when he read law two years in the office of E. W. Goddard, and was admitted to the bar in 1875. He has since continued in practice in this city. E. J. Thobaben was born May 30, 1864; educated in the public schools of Cleve- land; studied law with E. C. Schwan; admitted to the bar June 9, 1887. Is now practicing in this city, in the office with Mr. Schwan. ANECDOTES, ETC. THE BURKE FISHER "EPIC." 347 THE BURKE FISHER "EPIC." GEORGE F. MARSHALL. Somewhere, either in the last end of the "thirties" or the first of the "forties," there came to Cleveland a comparatively young man by the name of E. Burke Fisher — probably Edmund Burke Fisher, baptized, no doubt, under the full latter name, by the de- sire of an intellectual father who had Irish progenitors and proclivities, to perpetuate the name of that wonderful patriot who has made a name for his country as well as for the English language. E. Burke Fisher was a genius of the first water, and made his mark at once in Cleveland in a literary way, which has clung to his memory down to the present generation. His antecedents are briefly told in the fact that he shot up like a rocket in the city of New York about the year 1835, when he became a partner in the editorial control of Horace Greeley's first adventure. The. New Yorker^ writing the pyro- technic display articles, and its occasional romantic ones, while the inevitable Horace did up the solid, commercial, tariffical, financial and agricultural ones to the gratifica- tion of a wide range of intellectual readers. E. Burke was regarded as equal to any emergency, and was able to dash off any amount of copy, if the compositor was ever so greedy, calling at the tube for "more." He could imitate tolerably well about any of the writers of his day, and palm his effusions off as the product of the author named. He had innocently deceived the public in placing in print poetry and prose bearing the names of Washington Irving, L. H. Sigourney, and W. Gaylord Clarke, and no one could detect the innocent swindle. When Willis Gaylord Clarke was running his " Ollapodiana '' in the Knickerbocker Magazine (by the way, the most popular, quaint, high-toned humor of that day), he was induced to fill up a gap of an omission which Clarke had made in one issue of this magazine, and substitute one number of his own, which had all the brilliancy, humor and taste of the proper author ; it took with great acceptance, although the transformation was well enough known to every reader of the Knickerbocker. The New Yorker was in the habit of using about all it could find in that magazine of interest to its readers, and never failed to copy all the " Ollapodiana" that appeared. E. Burke Fisher was not long on The New Yorker ; he was too erratic 348 THE BENCH AND BAR OF CLEVELAND. a man for a subordinate position, or else Greeley was not the sort of man for him to be associated with, nor was E. Burke the sort of man that Greeley would be likely to cling to for an every-day partner in editorial work. For some reason, which is not now in public keeping, E. Burke struck out in the world to make his own name, if not his own fortune. He took his more sedate partner's well articulated advice, and_came West. Pittsburgh was his first abiding place, and there he essayed to do something in a literary way that would make a name as well as a fortune. A high-toned magazine was his first venture, which met with the fate of many scores more of a similar intent. Soon after his Pittsburgh venture, he made his appearance in Cleveland. A weekly journal entitled The Gatherer graced the counters of some of the merchants, but this, also, was a short-lived affair. He induced the proprietors of the Advertiser, a Demo- cratic weekly, to run a daily edition, with him at the editorial head. This enterprise was of brief duration. And now the versatile journalist essayed to do something in the line of satire, in order to raise the wind. Soon after he made his home in Cleve- land, the only two banks of issue and discount went by the board, and a war was waged against the receivers, and it culminated in a domestic war among the Demo- crats, when Fisher pubhshed a philippic, or "epic," as he termed it, in a Don Juan metre, entitled "Dog eat Dog." This poem created quite a sensation, and was fol- lowed by another, entitled "The Bench and Bar of Cuyahoga County. A Modern Epic. By Timothy Jenkins, Esq." It would have been more in accord with its text if it had been styled a satire instead of an epic. He appears to have, in this instance, copied Lord Byron's " English Bards and Scotch Reviewers," not only in lines and language, but also in length. But not following Lord B. in all respects relating to the poem, for E. Burke acknowledged not the least remorse for his unmitigated severity. Lord Byron endeavored to destroy his satirical poem, and supposed he had done so ; but one copy was saved from the flames, to which he added notes and observations, and in an ante-preface note he makes manifest his remorse, as follows : "The binding of this volume is considerably too valuable for the contents ; and nothing but the con- sideration of its being the property of another prevents me from consigning this mis- erable record of misplaced anger and indiscriminate acrimony to the flames." Fisher had not the least sense of remorse for his publications— in fact, he told Mr. D. W. Cross that he was tender with him, but he had to score up many others in order to make the work sell. The facts of the case were that the character of the man was such that those he had satirized took scarcely any notice of the little pamphlet, suffering him to go on in his efforts to belitde the best citizens Cleveland ever had; and now, that a full half century has elapsed since the poem saw the light, we find that out of nearly sixty men then living and mentioned in this tirade, barely one-seventh are still ANECDOTE AND INCIDENT. 349 g. A republication of ^hat long-since-forgotten pamphlet could harm no one g or dead ; while many points of character are well drawn and true to life, the tal applications are but the ebullitions of a diseased and disappointed brain. Fisher law, and assumed to try his hand or tact at the bar, and posted himself as an ■ney and notary public ; his success in that direction was well worth more sarcasm any he was able to apply to his fellows ; he could make more stir in the com- ity, if not more money, by following up his tirades against men who love their e in life with vastly more credit to themselves and the community than he ever got it for. Fisher found his way to Columbus as a reporter for the press, and ulti- ;ly became connected with a paper which was inaugurated in Ilaysville to win ic opinion in favor of that town as the proper place to locate the county buildings le newly-created county of Ashland. At this place he dropped out of sight, if not 3f life, and the places which once knew him now know him no more forever. It Id be a useless waste of space to reproduce any considerable portion of this remark- "epic," but the title-page, which is something after this fashion, may be given: THE BENCH AND BAR OF Cuyahoga County : A Modern Epic. By Timothy Jenkins, Essuire. ' A Great Country this ! ' CLEVELAND : PUBLISHED BY THE AUTHOR. 1843- ANECDOTE AND INCIDENT. The following is told upon the authority of an older member of the bar, who re- [ it to a representative of a Cleveland newspaper : I think it was in 1839, when Supreme Court judges used to go from county to county, on horseback or in ;ies, and hold court. On the occasion referred to, court was being held in the t house that stood on the south side of the Public Square. The judges were : 35° THE BENCH AND BAR OF CLEVELAND. Judge Hitchcock, Ebenezer Lane, Reuben Wood and Frederick Grimke ; Harvey Rice was clerk, and M. R. Kieth deputy. The case on trial, and in which the late Judge Sherlock J. Andrews and Henry B. Payne were attorneys, I believe, was one concerning a contract, and a jury was demanded. There were not so many people hanging around the court house as there are now, waiting for a jury job, and Judge Hitchcock immediately ordered a jury of the lawyers present. The legal gentlemen tried every way to get out of it, but the judge was inexorable. Twelve lawyers were selected, and sent into the box. I don't remember all their names now, but there were Herman Hurlbut, Woolsey Wells, Edward Wade, and, I believe, Messrs. Bolton and Kelly. Finally the case was concluded, and the jury sent out. They were locked up for a day, and returned at night with word that they could not agree. Judge Hitchcock said they ought to agree, and sent them back for another day. In vain they pleaded important business, in vain they framed all kinds of excuses ; there was no help for them. At the end of the second day they again reported that they could not agree. Word was sent back that the court saw no reason why they could not agree, and that they must try it again. But in vain. At two o'clock of the third day they were called out, and, as there was no possible hope of their agreeing, they were discharged. Judge Hitchcock was disgusted, and I don't believe he ever heard an- other case before a jury of that kind. When Judge Starkweather was on the bench, a case involving the ownership of a horse was brought before him. The counsel for the plaintiff was a well-known Cleveland attorney, a man of eccentric ways, and possessed of an unusually high, thin voice. During the course of his argument, he quoted from a mass of irrelevant testi- mony, and finally made some absurd statement which he claimed was based upon a ruling of Judge Starkweather himself "Stop, sir, stop," cried the astounded judge. "Do you mean to say that I made such a ridiculous ruling? Why, sir, rather than be credited with such nonsense as that, the court would far sooner pay for this horse himself." Up jumped the eccentric attorney, and shouted in his high, squeaky voice : " I should think you would, your honor, I should think you would." [That, of course, was convulsing for both judge and spectators, but the humor of the remark was all lost on the eccentric attorney, who sat amid the laughter with a look of deepest gravity on his serious face. The PROFESSIONAL JURYMAN is the barnacle of the courts. He clings to them with an unswerving fidelity, and finally feels that he has grown to be a very important factor in the administration of justice. Some of the fraternity pick up considerable legal knowledge during their long terms of service in the jury box, and are proud to ANECDOTE AND INCIDENT. 35 1 display it. One of them, a well-known character, ahd an indefatigable "sitter," who has haunted the Cleveland courts for many years, was asked one day how he was get- ting along. " Pretty well, pretty well," said the old man, rubbing his hands together; "the young lawyers bothered me a good deal at first, but I'm getting so I under- stand 'em very fairly. Perhaps you wouldn't believe it, but Pve got from 'iota' and 'scintilla' up to 'duress' and 'purview.' Yes, indeed, I have." As these are always favorite terms. with young lawyers, the old " sitter's" ears had probably listened to them so many times that he had finally absorbed their meaning. When the late Hon. John McSweeney was in Cleveland as counsel in a noted suit for heavy damages brought by a prominent professional man, he came into contact frequently with a certain member of the Cleveland bar. This gendeman was not to be overawed by the famous criminal pleader, and soon gave him to understand that Cleveland attorneys — and this one in particular — were about as well posted as any lawyer from Wooster. Whatever legal reference the Hon. John made, the Cleveland attorney was perfectly famihar with it — at least he said he was. At length the big lawyer from out of town determined to mention one reference that would have a tend- ency to puzzle the local Hmb. He made a brief statement of some unimportant fact, and then added: "You will find precedent for this in 400, n. g. Of course," he said, as he hastily turned to the Cleveland man, "you are familiar with that." For a moment, only, the knowing man looked puzzled. Then he brightened up. " Four hundred, n. g. ? " he cried. " Four hundred. New Jersey! Famihar with that? Of course I am." A STORY TOLD by Mr. George F. Marshall, in the Magazine of Western History, for January, 1888 : A gardener and a lawyer were neighbors in the early days of Cleve- land. The gardener said to the lawyer that he had a claim against a man, and he asked the attorney what was the best method to adopt for its collection, as the debtor was very backward about coming forward. He told him to make out the bill, and take it to a justice, and have it sued. The fee for advice was the sum of five dollars. The lawyer wanted to know how best to keep his cabbages over Winter ; the gardener told him to biiry their heads down, with the roots on. The lawyer sued for his fee, and the gardener claimed an off-set. The lawyer won, and the gardener lost. And here lies the difference. From "Early History of Cleveland, Ohio," by Col. Charles Whittlesey, 1867, page 368 ; One of the commissioners for fixing the county seat (of Cuyahoga county) presented his bill for services, in the following words : 352 THE BENCH AND BAR OF CLEVELAND. "Columbiana County, Ohio, "1 October, 1809. J " Deir Sir : I have called on Mr. Peaies for ray Pay for fixing the Seat of Justis in the County of Cuyahoga and he informt me that he did not Chit it [get it?]. Sir, I should take it as a favour of you would send it with Mister Peaies at your Nixt Cort and In so doing you will obhge Your humble sarvent, R. B -R. "Abraham Tappin, Esq. » " A Leven Days Two Dollars per day, Twenty two Dollars." One of Judge Spalding's stories : Somewhere about fifty years ago a gentleman (supposed to refer to Judge Tilden) made his first effort to address a jury, as my asso- ciate in a cause on trial in the Common Pleas of Portage county. He arose with a good deal of dignity, and said, with emphasis ; " Gentlemen of the jury!" But be- yond this it seemed impossible for him to get, until finally, after many repetitions, he said: " Gentlemen of the jury, if you do not decide this case in favor of my client, you will — you will — " ("dampen my aspirations," I whispered in his ear) — "you will dampen my aspirations, gentlemen ! " When he said this in a commanding tone of voice, I caught my hat, and left the court house. He soon followed, and I was obliged to sue for peace. When Judge John C. Hutchins sat upon the police bench, he seldom allowed dignity to stand in the way of a joke. One morning a prisoner, in stating his case, said : " He hit me on the nose, and then I went out of doors head first." " That is," said his honor, "you went out on a strike." One evening, at a banquet of the stenographers, in Weisgerber's Hall, Mr. Henry J. Davies told this story, in response to the toast of "The Ladies," and vouched for its truth : Davies had telephoned an assistant to go to the Probate Court at a certain hour, -and take the testimony in a case there being heard. Just as court opened, a quiet young man walked into the room. One of the attorneys, John Coon, Esq., turned to him-, and said : "Well, I suppose you have come here to do a little business?" ^ " Y-yes," said the young man, in a hesitating manner. " Have you any paper?" "No, sir." "Nor pen?" "No, sir." ' ' We will have to supply you, then.'" ANECDOTE AND INCIDKNT. 353 The young man sat down at a desk, on Judge Tilden's direction. Paper, ink and pens were placed before him. Then the judge said : "I guess we are now ready to proceed," and the examination of a witness commenced. Said Mr. Coon to the witness : " State what you said and did on the day in ques- tion." The witness answered at some length. A certain painfulness of effort on the part of the young man caused Judge Tilden to look over his shoulder. He had written out in an irregular hand the word "State," and that was all he had done. " See here, young man," said the judge, "can you write shorthand?" " No, sir, not as I know of" "Were you not sent here to report this case?" "No, sir, I came after a marriage license." He had supposed that all of this was a part of the preliminaries. An early slander case, as related by the Hon. John A. Foote : Somewhere about 1836, a weather-beaten man, with some marks of dissipation, came to our office to have us commence a suit for slander against his brother. It seemed that the wife of this man, Captain Reuben Turner, had been called as a witness in a suit where his brother, William Turner, was a party, and that she had testified against William. That William at once arose, and denounced her to the audience as a bad woman. Upon this the old captain, probably then under the influence of liquor, advanced to her, and, throw- ing hjs arms about her neck, exclaimed : " Now mind, Mima, old uncle Reuben loves you yet." We brought suit, and recovered a judgment. The old captain soon came in and reported to us that his brother William had called on him and complained that he, the captain, would ruin him by collecting the judgment. He told us that he re- plied to his brother that he did not wish to injure him; that he did not want a cent of his money, but that he must sign a writing "that he hed about the old woman," and that then he would give up the judgment. I think William would not sign the papers, and that the old captain collected the judgment. This love for his wife, and his odd, sailor ways and expressions interested me, though he continued his intemperate habits. But at length I met him, and perceiving a great change for the better, with all marks of intemperance gone, I exclaimed: "What has produced this great improvement?" He replied that he had become a temperance man — that ' ' the old woman had loved him out of the ditch." A "Writer of Pleasant Gossip," in a Cleveland newspaper of some years ago — the now absorbed Herald, if we remember rightly — furnished the public with a few recollections of events "at Peter Numsen's," which are worthy of reproduction here : 354 THE BENCH AND BAR OF CLEVELAND. Peter Numsen was the pioneer in the trade in this city, and served dinners for over thirty years. Around his table for a generation were wont to gather such genial spirits as Judge S. J. Andrews, Judge Ranney, Charles Palmer, Isaac Buckingham, Jason Canfield, Jarvis M. Adams, Judge Jones, O. G. Getzen-Danner, the famous railroad lawyer, etc. Judge Ranney's shaft of ridicule was always as potent here in social in- tercourse as in the trial of a case. But ridicule would not suffice one day to appease his anger, when a copy of A. G. Riddle's "Bart Ridgeley," which had just come from the press, was shown him, with a leaf turned down where the judge was intro- duced in the book. For the essence of cultured Democracy, Jarvis M. Adams was looked up to as authority, and his sayings were always tinged with true wit. His language was toned like a cluster of Frederic Mistral's La Crau grapes, while that of his partner, Mr. L. A. Russell, was as a substantial boiled dinner, sauced with idioms concocted by the speaker. O. G. Getzen-Danner was a quiet listener, in those days, to the wisdom of the older members of the bar, and seldom ventured further than the rays of his beaming smiles, unless the question related to the liability of railroads for damages to live stock. Judge Heisley — it was John Heisley then — was never himself unless he was well launched in one of his Dutch stories, but the table having once settled to it, he generally succeeded in bringing down the house. Jason Canfield was a good inspirer. He always knew what strings to pull to bring others out, and, there- fore, was indispensable. But the most reliable wit that ever sat at Peter Numsen's tables was Judge Sherlock J. Andrews. His countenance would gather and diffuse itself, aided by his sparkling eyes, when he saw the opportunity of sending a repartee home, and it always went like fire-works. He was sure to command attention. Every one knew it would be a gem, and no failure. One very cold day, a witness from the country, in a case where the judge was referee, rubbed his hands, and said to the judge that he had read in the paper that morning that a still colder wave was coming. "Is it possible?" said the judge, his eyes sparkHng, as he quickly ejaculated: "Send for McMath; let's have it enjoined at once!" Members of the bar will readily see the depth, or rather the length of the point. Judge Jones's wit was generally guarded by that terse, crisp mannerism born of the dignity of the bench, and which seldom permitted any overflow, but tempered judicial conversation sufficiently for young attorneys to make the effort to obtain pointers in relation to their cases. Colonel Sowers frequently held the fort when taken at the soup stage of the course, and was always sure to take in all the bastions and angles. Extracts from a paper, "Old Times on the Western Reserve," published by Edmund Kirke, in the North American Review for August, 1887 : At that primitive ANECDOTE AND INCIDENT. 355 period it was the custom, when a family was at home, to leave the latch-string out, in token that the house was open to all comers. Its absence, except at night, indicated that all the household were away, and then a dweUing was as safe from intrusion as if locked and double-bolted. One of the early banks of Cleveland was, it is said, once robbed, because the officers neglected to take the latch-string in when they closed for the day. There were a good many lawyers in Cleveland, but not much law, for all the laws of the state, at that early time, were contained in one thin volume, bound in flexible leather, and known as the " sheep-skin code." Almost every one was in debt, and as few could pay in cash, a statute was enacted allowing debtors to turn over to creditors any kind of personal property, at the appraisal of a jury. A Cleveland mer- chant sold goods to a farmer, who failed to pay for them at the time agreed upon. Thereupon the merchant brought suit and recovered judgment, when the farmer turned over to him fence rails and maple-sap troughs, which were duly appraised by a jury, at about ten times their value. The result was the merchant forgave the debtor the debt, and allowed him to retain the sap troughs and fence rails. This story was related some years since by E. Cowles, Escp , editor of the Leader, at the expense of the venerable John A. Footei-The year 1842 was the era when the Washingtonian temperance movement was at its height. That old "sea dog," Cap- tain Turner, was one of its moving spirits, and made many temperance speeches, homely, but very forcible and popular. Mr. Foote was engaged in the good work, with all the enthusiasm of his nature. At that time, he was a law partner of Judge Andrews, and the firm was known as Andrews, Foote & Hoyt. Just below their office was a notorious whiskey shop, known as the Hole-in-the-Wall. One day, while Mr. Foote was busy with the good work in the cause of temperance, he came into the office. There were present Judge Andrews, Mr. Foote and an Englishman from Euclid, whose name I have forgotten. As Mr. Foote was about leaving, the judge put on a serious expression of countenance, and commenced giving brother Foote this feeling advice : "Now, Foote, I wish you would refrain from your visits to the Hole- in-the-Wall. Try and walk by without entering that place. Remember your family, the reputation of our firm, and your standing as a professed temperance man. How can you afford to risk all, by entering that place? Now, try and go by the Hole-in the-Wall without entering it." The EngHshman, completely sold by the mock gravity of the judge, spoke up: "Advice well put, Mr. Foote," — he pronounced the name "Fut" — " well put. Let me tell you, you had better accept it, and cease going to that Hole-in-the-Wall." Mr. Foote gazed at the Englishman with astonishment, that he should be mistaken for a toper, and then turned around and darted out of the door down into the street. 356 THE BENCH AND BAR OF CLEVELAND. Many other stories might be told of Judge Andrews' dry wit. Some years ago, a young member of the bar, after considerable work upon his own part, was nominated to the state legislature. Upon being congratulated by a group of lawyers, he responded doubtfully : "I don't know whether I shall accept or not. I don't see how I can get away from my legal business." "Why,'' said Judge Andrews, who stood by, " T thought that case was disposed of last term ? " From Whittlesey's "Early History of Cleveland," page 473: While O'Mic was dangling upon the gallows, on the north-west quarter of the Public Square, the assembled multitude sat upon the timbers which Levi Johnson had collected for the erection of a court house. It was of the composite order. The lower story was divided in two parts, one of which was the jail, and the other the residence of the jailer. The apartment designed for criminals was constructed of blocks of square timber, three feet long, placed endwise and bolted together. Over all, in the second story, was a court room, equal in size to the ground plan of the building, the position of which is given on the map of 18 14. Mr. E. Waterman officiated as jailer, president of the village corporation, and recorder. In 1828, the citizens became able and spirited enough to have a new court house, and a separate jail. It was a fine build- ing for those times. It stood upon the south-west quarter of the Square, facing to- wards the lake. Here justice was administered thirty years, until it became wholly insufficient for want of room, and unsafe for the public records. The present edifice for the courts and other public offices was erected in 1858. H. L. Noble, one of our early and honest mechanics, had the contract for building the brick court house (the one on the south-west quarter of the Square.). When it was taken down, it was found to be sound and good as new, and, except in the exposed wood-work, was capable of endur- ing at least another century. The old stone jail, oftener called the " Blue Jug," stood opposite the court house, on the south, fronting the Square. Of these twin institu- tions, where an entire generation received the administration of justice, where so many judges sat and lawyers labored, where sheriffs and bailiffs executed the decisions of the courts or the findings of juries upon troops of unlucky culprits, not a relic now remains. From a speech delivered by Hon. Rufus P. Spalding, at the annual meeting of the Early Settlers' Association, May 20, 1880 : At a term of the Supreme Court, held in Trumbull county, in October, 1821, I was admitted to the practice of the law. The examination, I well recollect, was held in a large hall in Town's hotel. The two justices of the court, Calvin Pease and John McLean, and all the lawyers, including. ANECDOTE AND INCIDENT. 357 with Others whose names I do not recollect, Elisha Whittlesey, Thomas D. Webb, Homer Hine, Jonathan Sloane, James D. Wheeler, Ralph Granger and Joshua R. Giddings, were present. The sideboard, at one end of the room, was, according to the custom of the day, plentifully supplied for the benefit of those who might cffcose to partake after the examination should be closed. In the course of the questioning, I was asked by Mr. Granger, who was not much of a "total abstinence man," "What is proof?" "Tell him," said Chief-Justice Pease, who sat a short distance from me, and who could not always control his fondness for witticism, "tell him it is that which bears a bead."" In the month of March, 1823, I first saw Cleveland. I came from Warren, in Trumbull county, where I then lived, in the company of Hon. George Tod, who was then president judge of the third judicial district, which embraced, if I mistake not, the whole Western Reserve. We made the journey on horseback, and were nearly two days ip accomplishing it. I recollect the judge, instead of an overcoat, wore an Indian blanket drawn over his head by means of a hole cut in the centre. We came to attend court, and put up at the house of Mr. Merwin, where we met quite a number of lawyers from adjacent counties. The court that I attended on my first visit was held in the old court house that stood on the north-west quarter of the Public Square, nearly opposite the Wick Block. The presiding judge was the Hon. George Tod, a well-read lawyer and a most courteous gentleman, the father of our late patriotic governor, David Tod. His kindness of heart was proverbial, and sometimes the lawyers would presume upon it. I recollect being present at his court in Portage county, on one occasion, when he was subjected to some little embarrassment by the wit of his friend, John W. Willey, of Cleveland. Mr. Willey was charged with the defense- of a person who stood indicted for some petty misdemeanor, and, though a very astute lawyer, he found it difficult to clear his client without a single witness in his favor. There had been, "the night before the case was called, a fire in Ravenna, and a small house had been burned to the ground, which excited much commotion in the village.- When the case was reached for trial, on the call of the docket, Mr. Willey rose, and, with great gravity, asked the court to continue the cause until the next term. "For what reason, Mr. Willey?" asked the benignant judge. "May it please your honor," said our facetious friend, "one of our principal witnesses was burned up in that fire last night, and we want time to supply the loss." Judge Tod was almost convulsed in endeavoring to restrain his laughter, but 358 THE BENCH AND BAR OF CLEVELAND. finally was enabled to say: "Your motion must be granted, Mr. Willey. The cause stands continued." The associate judges of the Common Pleas were, at the time of which I speak, Hoff. Thomas Card and Hon. Samuel Williamson. Horace Perry was clerk, and- James S. Clarke sheriff. The lawyers attending court were Alfred Kelley, then acting prosecuting attorney for the county, Leonard Case, Samuel Cowles, Reuben Wood and John W. Willey, of Cleveland ; Samuel W. Phelps and Samuel Wheeler, of Geauga ; Jonathan Sloane, of Portage ; Elisha Whittlesey, Thomas W. Webb and R. P. Spalding, of Trumbull county. John Blair was foreman of the grand jury. No one- of them all, except myself, is alive to-day. I very much doubt if a solitary individual who attended that court in 1823, whether judge, jury, attorney or witness, is left to greet you here to-day, other than myself Irad Kelley, an early and long-time resident of Cleveland, although somewhat eccentric, had a pretty level head, and was the individual to whom is attributed the say- ing, while acting on a jury, that he never found eleven men so contrary in his life; all were agreed upon a verdict but eleven, and they hang on like a set of dough-heads. Not EVERY one who is allowed to plead at the bar is even a tolerable Latin scholar. It is in the memory of many who have been inside, as well as outside, the Cuyahoga bar, when a member plead to a. jury and felt it necessary to explain what '^ ex post facto " being rendered into our common vernacular, meant. "Why," says he, ' ' every one knows what that means ; it is as common as plain English ; it means out of office — ex-president, ex-mayor, etc." THE END.