USA > Ohio > Clark County > Springfield > 20th century history of Springfield, and Clark County, Ohio, and representative citizens > Part 55
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HISTORY OF CLARK COUNTY
ance, and aided in making the finding of a judge. He was succeeded as presiding the court much more satisfactory than the verdict of a jury.
The first Court of Common Pleas held in Clark County was on April 7, 1818, with Orrin Parish as presiding judge; Daniel Mckinnon, Joseph Tatman and Joseph Layton, associates. At the August term of 1819, the record shows that Frederick Grimke was the presiding judge. At the March term of the Common Pleas Court in 1820, Joseph H. Crane was the presid- ing judge, with the same associates as the first term. At the March term of the court in 1822, Samson Mason was, by or- der of the court, appointed Prosecuting Attorney of the county. Judge Crane was presiding judge until the close of 1828, when he resigned, having been elected to Congress in the fall of that year. It is said that he was an able lawyer and an excellent judge. That his manners and his conduct on the bench were such as won for him the esteem of all who had trans- actions in the court during his presidency.
He was succeeded by Hon. George W. Holt, who continued to hold the office un- til 1834, at which time a new circuit was formed. Over this new circuit, which embraced the counties of Franklin, Madi- son, Clark, Champaign and Logan, and for a short time Hardin County, Judge Joseph R. Swan was called to preside. He held the office from 1834 to 1845, when he resigned to return to the practice of law. Afterward Judge Swan served with distinguished ability on the Supreme Court. But he will no doubt be longer remembered as the author of an incom- parable volume on the practice in Justice of the Peace's Court, familiarly known as "Swan's Treaties," than as a lawyer or
judge by the Hon. James L. Torbert, who occupied the position from 1846 until 1852, when the new constitution went into effect.
COMMON PLEAS JUDGES.
JUDGE TORBERT was the first member se- lected from the Clark County Bar as a presiding judge on the Court of Com- mon Pleas. He was afterward elected judge of the Probate Court, and was a man of superior attainments and great literary taste. He was modest and unob- trusive. He was a man of strong convic- tions, and violently opposed to the institu- tion of slavery. He was born in Bucks County, Pennsylvania, 1796; came to Springfield in 1824, and died very sud- denly on the 15th of May, 1859, on board a steamer on the Mississippi River.
The associate judges of Clark County from 1831 to 1852 were Daniel McKin- non, William G. Serviss, Joseph Perrin, Ira Paige, John R. Lemon. John T. Stewart, Isaac Paint. John Hunt, Abra- ham D. Menness and Oliver Clark. The history of our county shows that these associate judges were men of honorable and respectable callings, and lived the lives of useful citizens.
With the advent of the constitution of 1852 came the reorganization of the judi- ciary of Ohio. The Supreme Court no longer traveled on the circuit. For a while after the adoption of the present constitution one member of the Supreme Court would sit in each county in what was then known as the District Court. The Supreme Court held all its sessions at the City of Columbus. The Common Pleas
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Court no longer had associate judges, and of May, of the same year, he died in the there was organized a new court which city of Springfield. One who knew him well says of him: "He was endowed with a brilliant intellect and with remarkable power of analysis; he possessed a spark- ling wit, was a logician of high order, and his eloquence was rich and impressive; these qualities made him an effective ad- vocate and formidable antagonist in any case which he espoused; he was a man of broad culture, and of liberal and compre- hensive views." had jurisdiction in probate and testa- mentary matters, the appointment of ex- eentors and guardians, and the settlement of accounts of executors, etc., and such other jurisdiction as may be provided by Jaw. This court took away from the Common Pleas Court many of the duties that formerly devolved upon associate judges, and was known as the Probate Court. Under the new constitution, all the judges were made elective, not ap- pointive, as before. The first person to be elected as judge of the Common Pleas Court of this district was a distinguished member of the Clark County Bar.
WILLIAM A. ROGERS-Concerning the character and qualifications of William A. Rogers no word of disparagement has ever been uttered. None of the present members of our bar ever practiced law be- fore him, and but few have any personal recollection concerning him. Those few who do remember anything about him have only words of praise in reference to his legal ability and general versatility. Judge W. H. West says: "He was a man combining both talent and genius, and certainly one of the best lawyers in the Mad River Valley." He was born De- cember 13, 1809, in Dauphin County, Pennsylvania; studied law in Pittsburg, and in the fall of 1834 removed to the city of Springfield. He became prominent as a Whig in politics and was a delegate to the National Convention which nominated General Harrison in 1840. In 1851, as be- fore stated, he was elected Common Pleas judge, which position he occupied until 1855, when he resigned his office on ac- count of failing health. And on the 25th
WILLIAM WHITE-The next person called from the bar of Clark County to the position of Common Pleas judge is justly entitled to be designated as the greatest jurist that ever came from this bar. Will- iam White was born in England on the 28th day of January, 1822. He came to this country with an uncle in 1831. At twelve years of age he was apprenticed to a cabinet-maker for a term of nine years, but after serving six years of his ap -. prenticeship. he purchased his time by giving his notes to his master. In 1846 he was admitted to the bar. In 1847 was elected prosecuting attorney, and three times re-elected. In 1856 he was elected judge of the Court of Common Pleas. And in 1861 was re-elected. In 1864 he was appointed judge of the Supreme Court, and was three times re-elected. And in 1882 he was appointed by Presi- dent Arthur, United States district judge for the Southern District of Ohio, and was confirmed by the Senate, but died be- fore he could qualify for that high posi- tion. His death occurring as recent as 1883, leaves a personal recollection of many of his distinguishing characteristics among the older members of our bar. But from the fact that his duties called
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him away from our city, since 1864, most the same year he opened an office in the of the present generation of our lawyers remember nothing more about him than having seen his striking, strong, pleasant face. For twenty-seven years he wore the judicial ermine, stainless and spotless as ever the mantle fell from a human judge. He was an affectionate and de- voted husband, a considerate, kind and in- dulgent father. His manners were mod- est, kind and unassuming; to his brethren of the bar he was the personification of kindness and generosity. His popularity among all classes of people was evidenced by the fact that every time he was a can- didate for their suffrages, he led his ticket by many hundreds of votes. He was a inan of very great industry. He may have had compeers on the bench who were more brilliant and quicker to grasp some intricate question of law, but none ever exceeded him in an industrious in- vestigation and firm determination to ar- rive at a right and just conclusion. His life was no doubt shortened by his close application to the ardnous duties devolv- ing upon him as a member of the Supreme Court.
City of Springfield. He was mayor of the City of Springfield and prosecuting at- torney for two terms. He died after an illness of but a few days, on April 10, 1891. Judge Goode is remembered kindly by all the older members of the present bar, and by many of the younger ones. When he took his seat upon the bench, the docket was crowded by the accumulation of years, justice was tardily adminis- tered; "the law's delays" was much cause of dissatisfaction. He brought to the bench his well-known energy at the bar, and soon made order out of disorder; and in a reasonably short length of time had the docket in such a condition that a suit could be brought and tried. during the same term. He deservedly won a high and enviable reputation not only with the public, but with the bar of this and other counties. Imposing in appearance, quick of apprehension, learned and patient, he was an ideal on the bench, and many of the members of the bar have reason to re- member his extreme kindness to them in the earlier years of their professional life. After Judge Goode's retirement from the bar, he practiced law with his son Frank until the latter's death, in 1887. With the death of his only son, Judge Goode seemed to have lost much of his interest in the profession, and from that time until his death did not appear in court very fre- quently. His long and extensive practice at the bar, with his quickness of mind, made him an exceedingly good nisi prius judge.
JAMES S. GOODE -From 1864 until 1875 the Common Pleas Court was presided over by judges from other counties. In the previous year, an additional judge having been granted to this district, James S. Goode, a practitioner at this bar for nearly thirty years, was elected to that important position. Declining a re- election, he served for ten years, with the general approbation of all persons who had business with him in his judicial ca- CHARLES R. WHITE-Judge Goode was succeeded on the bench by Charles Rogers White. Charles R. White was the only pacity. James S. Goode was born in Warren County, Ohio, Jannary 22, 1823, and was admitted to the bar in 1848. In son of Judge William White. He was
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born in the City of Springfield, the 25th fact that his political belief is not in ac- day of May, 1849. Admitted to the bar cord with that of the prevailing party in this district, his judicial career would have been very much extended. Judge Hagan made a careful, painstaking, able, and con- scientious judge. Since his service upon the bench he has been engaged in the ac- tive practice of his profession, and is now the senior partner of the firm of Hagan & Kunkle. In all matters connected with the welfare of the City of Springfield he has always taken a prominent part; and is chairman of the committee having in charge this centennial celebration. 1873, and in 1884 was elected judge of the Court of Common Pleas, and re-elected in 1889. He died on the 29th day of July, 1890, in the forty-second year of his age. Charles R. White was a worthy son of an illustrious father. He was quicker to ar- rive at conclusions, and therefore, in the opinion of some, was a better nisi prius judge than his distinguished father. He was studious, honest, and exceedingly sen- sitive to any act of his which might cause pain to the feelings of any member of the bar. His dealings with all persons were conducted with the sole purpose of justice and right. He revered the memory of his father, and it was the highest ambition of his life to follow in his footsteps; and should he have lived, no doubt high judi- cial honors would have fallen upon him. As it was, taken from the bench in the prime of life, he left behind him a mem- ory cherished by all who came in contact with him.
F. M. HAGAN-Upon the death of Charles R. White, Governor Campbell appointed Francis Marion Hagan to fill the vacancy, until the regular election. Judge Hagan was born June 10, 1844, in Mad River Township of this county. By his own efforts he secured his education, and is in every sense of the term a "self-made man." He was admitted to the bar in 1873, and in 1879 and again in 1883 was elected city solicitor. In 1887 he was ap- pointed postmaster. While Judge Ha- gan's occupation of the bench was for the brief period of four months, yet it was sufficient to demonstrate the fact that he possessed exceptional judicial qualifica- tions; and no doubt were it not for the
JOHN C. MILLER-In 1890, John C. Miller was elected to fill the vacancy made by the death of Judge Charles R. White. In January, 1891, he relieved Judge Ha- gan, who had been appointed to fill the vacancy until an election. Judge Miller came to the Common Pleas bench with a long career in public life. His father, Reuben Miller, likewise had a long pub- lic career in our city and county. He was born in the City of Springfield, April 13, 1834. He was apprenticed as a printer, afterward took up the study of law, and was admitted to the bar in 1855. In 1861 he was elected Mayor of the City of Springfield, and in the fall of the same year was elected prosecuting attorney of the county, and several times re-elected. In 1869 he was chosen city solicitor, and held the office by repeated elections until 1876, when he resigned to accept the posi- tion of Probate judge, to which office he had been elected in the previous October. This position he held until 1891, when he resigned to accept the position of Common Pleas judge, to which he had been elected in the previous fall. He was twice re- elected to this position. He died Septem-
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ber 17, 1900, at his residence in this city. bar for forty-two years and past sixty- Judge Miller was a familiar character for seven years of age. Judge Mower was an exceedingly kindly disposed man, honest and upright in his dealings. He had, how- ever, acquired some ideas throughout his life that verged close upon eccentricities. His long practice at the bar made him per- haps unconsciously take sides in the case, so while everyone had the most kindly feeling for him, yet it can hardly be said. that he filled the position up to the expec- tation of his friends. His only son, Cap- tain Carl Mower, died in the early part of 1904 and this affliction, with those attend- ant to the natural infirmities of life, caused Judge Mower to decline in health and he died in the same year before he had completed his term. many years to the people of the City of Springfield; he possessed great aptitude for politics, and had few superiors in the managing of men to secure official posi- tions. His learning of the law did not seem to come from books, but rather from strong common sense; intuitively he seemed to correctly grasp the rights that ought to exist between man and man. He was quick and impulsive, possessed of a temper which at times made him disagree- able to do business with, yet much of this irascibility no doubt came from long and continual ill health. His convictions were strong, and no doubt expressions were sometimes made that carried him beyond his real intention. He had a determined idea of justice and right. Beneath an austere manner and demeanor, was a heart as kind and open to a person in dis- tress as was ever possessed by man. With all his faults-and who has none ?- he was a strong, able, conscientious judge, an ex- ceedingly good interpreter of the law, and an upright citizen.
JACOB KREIDER MOWER-Upon the death of Judge Miller the bar united in appoint- ing to fill the vacancy Jacob Kreider Mower. Judge Mower was born in Franklin County, Pennsylvania, April 4, 1833, and was admitted to the bar in 1858, and the same year took up his residence in the City of Springfield. He was city solicitor from 1868 to 1870, and in the next two years served as a member of the leg- islature. He occupied no other positions prior to his appointment as Common Pleas judge, except member of the school board. At the time of his appointment to the bench he had been a member of the
A. H. KUNKLE-Upon his death Albert H. Kunkle, who had received the nomina- tion for the succeeding term, was ap- pointed to fill the vacancy. Judge Kunkle has made a very good judge, expediting the business of the court as much as could reasonably be expected, and perhaps it can truthfully be said that the trial docket is in better condition now than it has been for years.
PROBATE COURT JUDGES.
The constitution of 1852 gave to the Probate Court certain defined jurisdic- tion, and such other as may be provided by law. This provision allowing other jurisdiction to be conferred upon the Pro- bate Court has made it a court very little inferior in its importance to the people than the Court of Common Pleas. As first intended by many of the members of the Constitutional Convention, it was to be an inferior court which might be presided
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over by men not learned in the law. With the extended jurisdiction that has been conferred, it is now universally believed that on account of its importance, its oc- enpant should not only be a lawyer, but a good lawyer. The first person to fill the position of probate judge was not of our profession.
JAMES S. HALSEY was born in Warren County, December 7, 1804; he came to Springfield in 1822, and served as auditor from 1826 to 1836; and from 1836 to 1852, clerk of the Court of Common Pleas. In the fall of 1851 he was elected probate judge and served one term. He died in Plymonth. Ind., January, 1876. It has been said of him that "he had an innate scorn of meanness, mendacity and sham, which was as natural to him as it was to breathe the vital air. His charity was large, and while giving unostentatiously, he gave munificently; indeed, in every- thing he did there was an entire absence of ostentation, and, next to dishonesty and fraud, it was probably the object of his profoundest contempt." Such were some of the characteristics of the first probate judge.
JAMES L. TORBERT-The next probate judge was James L. Torbert, of whom we have spoken heretofore as an occupant of the Common Pleas bench. Upon Judge Torbert's death, in 1859, John H. Littler was appointed to the vacancy, and there- after elected for three full terms, going ont of office in 1870.
six years from the time that he first en- tered the General Assembly of Ohio, he was again elected a member of that body and re-elected in 1883. He died June 8, 1885. Judge Littler was perhaps more of a politician than a lawyer, yet it may, however, properly be said of him that he was a faithful, honest public servant, and a good citizen.
ENOCH G. DIAL-The successor of Judge Littler upon the Probate bench was Enoch G. Dial, who was born in Clermont Coun- ty in 1817. He came to this county in 1845 as a professor in the Springfield Academy. In 1849 he was admitted to the bar. He ocenpied the position of probate judge for two terms, from 1870 to 1876. In 1879 he was elected and served two terms in the Ohio House of Represent- atives. He was a man of scholarly attain- ments, possessed of fine literary taste and acquirements; active and industrious in promoting the interests of various char- acter which affected the welfare of the City of Springfield. He was careful and painstaking. and left the reputation of an able, cautious and conscientious judge. He died in 1896.
Judge Dial was succeeded on the Pro- bate bench by John C. Miller, who oc- cupied the same nntil December, 1890, when he resigned to accept the position of Common Pleas judge. Madison Over was appointed to fill the vacancy of seven weeks, to February 9, 1891, when the writer of this paper assumed the position the same for two terms, and was succeed- ed in 1897 by James P. Goodwin, and he,
JOHN H. LITTLER was born near Win- chester, Virginia, September 1, 1820. He of judge of Probate Court. He occupied came to Clark County in his youth. In 1855 he was elected a member of the Legis- lature of the State of Ohio. In 1857 he in 1903. by Frank W. Geiger, the present was admitted to the bar: in 1881, twenty- incumbent.
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CIRCUIT COURT JUDGES.
In 1883 an amendment was passed af- fecting the judiciary of our state by the organization of a new intermediate court, known as the Circuit Court. Previous to this time, it was the practice for three POLICE COURT JUDGES. members of the Common Pleas bench to sit as an Appellate Court and review ac- tions brought from the Common Pleas. As this court was composed of members who sat in the trial of the case below, it therefore made the judge review his own decision. It was not very satisfactory, and, besides, the Common Pleas Courts, by the increase of business, had so much of the time of their judges taken up that, as judges of the District Court, they could not give that consideration to the causes before them that was required. Any way, the people were satisfied to have a new intermediate court. At the first conven- tion to select judges for this new court, Clark County presented the name of Judge Mower, but was unsuccessful in hav- "Great meu die and are forgotten : Wise men speak ; their words of wisdom Perish in the ears that hear them." ing its candidate endorsed for the nomi- nation. Afterward, when Judge Williams EARLY LAWYERS. was promoted to the Supreme bench, Clark County again presented a candidate in the person of Judge Charles R. White, but was again doomed to the disappoint- ment of defeat. In 1894, upon the retire- ment of Judge Stewart, Clark County again presented a candidate in the person of Augustus N. Summers. This time carrying into execution the old adage that the third time brings success. Mr. Sun- mers received the nomination. He was elected in the fall of that year and again re-elected in 1900. Judge Summers was born in Richland County, June 13, 1856; admitted to the bar in 1881. His gentle- to register. The first attorney whose
manly condnet, courteous bearing, and in- dustrions habits, have made him a wise, and successful judge. He was promoted to a Supreme Judgeship in 1904, which position he still occupies.
Until the year 1887, the mayor of the City of Springfield performed the duties of a police magistrate. The Legislature of the previous year passed a law creat- ing the office of police judge. The first occupant of this position was Luther F. Young. He was succeeded in 1891 by Charles E. Morris, now a resident of Columbus. In 1893, O. B. Trout became judge of the Police Court, and in 1895 he was succeeded by William R. Horner, who in turn was succeeded in 1899 by J. J. Miller, the present incumbent. All the or- cupants of the Police Court bench were members of our bar and are still such with the exception of Charles E. Morris.
This, no doubt, has been the penalty of a large portion of the members of our bar. The court records disclose the in- dividual names of persons who had pro- ceedings there. But otherwise no record appears containing the names of the mem- bers of our bar, since the organization of our Connnon Pleas Court. In order to enable future generations to know who have been so fortunate or unfortunate a- to expend their eloquence in our courts, I would suggest that a register be kept by the clerk of our court, in which every person practicing there should be required
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name appears upon our law record is that Foos (the directory was mistaken; Mr. of Henry Bacon. Other names closely Foos read law, but was never admitted to the bar), George Frey, J. S. Goode, Samson Mason, Rodney Mason, R. R. Mc- Nemar, A. D. Rogers, Samuel Shellabar- ger, George Spence, J. L. Torbert, Will- iam White, and H. Blair Wilson. following are those of George W. Jewett and I. Cooley. In the Chancery Court, the first paper was filed by H. Flournoy, and soon thereafter the names of T. C. Flournoy and William Elseberry appear as attorneys. I am not positive that any of these, with the exception of George W. Jewett, were residents of our eity. Jewett combined the newspaper business with his law business, and was editor of the "Pioneer." The records of our court would not be an infallible guide to furnish a list of attorneys of our bar; for, in the earlier times, it was the custom of the lawyers to practice in various counties in the circuit. Throwing their saddle-bags, with a few books on their horses, they would follow the judges from county to county, either to try causes in each coun- ty, or in the hope of being retained in some one. Clark County being new, and the City of Springfield young, many dis- fingnished counsel came from distant parts of the state. From recollection, an early settler has given the names of the following lawyers who practiced law here prior to the adoption of the present con- stitution: George W. Jewett, Platt, Hig- gins, Mott, A. G. Burnett, William A. Rogers, James M. Hunt, William White, J. B. Underwood. Joseph B. Craig, Joseph Anthony, James L. Torbert, Robert W. Carroll, William Cushing. Samson Mason, Charles Anthony and Harvey Vinal.
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