USA > Ohio > Fairfield County > A Biographical record of Fairfield County, Ohio, illustrated > Part 34
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In taking up the personal history of Henry Balthaser, whose name introduces this record, we present to our readers the life record of one who is widely and favor- ably known. He has always lived upon the home farm in Clear Creek township and many of the improvements there are the visible evidence of his life of industry and earnest toil. He has erected a new and modern residence which is an attractive feat- ure in the landscape and other equipments upon the farm have been secured through his efforts. He has always engaged in the cultivation of the soil and to some extent lias carried on stock raising and as the years have passed his labors have annually added something to his income until now he is one
of the substantial and well-to-do citizens of the community.
In 1857 Mr. Balthaser was united in marriage to Miss Susanna Kessler, who was born in Pickaway county, Ohio, a daughter of Michael and Eliza Ann ( Shabbel) Kess- ler. Her father was a carpenter by trade, and removing to Clear Creek township. Fairfield county, carried on work along that line for a number of years. He afterward became a resident of Illinois where he died at an advanced age. Unto Mr. and Mrs. Balthaser have been born twelve children, of whom eleven are now living. Theodore. who resides in Amanda, was employed as engineer in the grain elevator. He married Nettie Crites, and their children are-Ollie. Eva, and AAdolph. Elizabeth is the wife of David Barr, a farmer of Amanda township and they have two children-Bertie and Mary. Peter resides in Columbus, Ohio, where he is employed as a street car con- ductor. He married Effie Griffith and they have five children-Rome, Merril, Ruth, May and Fred. Joseph resides in Amanda township where he follows farming. He wedded Etta Weimer. Ella is the wife of John Sultz, a resident farmer of Fairfield county. Annie is the wife of John Camp- bell, of Madison township, and they have one son, Raymond. Frank is employed on the farm of Mr. Campbell. He married Mattie Hamby, who died two years ago. Charles resides in Amanda, Ohio, and is operating the home farm for his father. He married Ella Shaeffer. Chancy resides in Amanda township and is employed on the railroad. He married Anna Thomas. Harry is living at home. Welby is a minister of
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the United Brethren church, now located in Athens county, Ohio. He wedded Miss Dixon. Fanny died at the age of nineteen years. All of the children were born in Clear Creek township and educated in the schools here. The family is one of prom- inence in the community, the various mem- bers occupying creditable positions and in social circles, enjoying high regard by reason of their sterling worth. From the age of six years down to the present time
Henry Balthaser has made his home in Fair- field county and the history of pioneer life is therefore familiar to him through actual experience, and as the years have passed, as a valued citizen he has borne his part in the work of public progress and improvement. His labors too in the business world have been effective and have brought to him cred- itable success, making him one of the pros- perous and well-to-do farmers of Clear Creek township.
CHARLES D. MARTIN.
When the history of Ohio and her bar shall have been written its pages will bear few more illustrious names and record the career of few" men more dis- tinguished than Charles D. Martin, for although he has not figured to a great extent in political life he is widely ac- knowledged to be one of the most capable lawyers at the Ohio bar. If "biography is the home aspect of history," as Wilmott has expressed it. it is entirely within the province of true history to commemorate and per- petuate the lives and characters, the achieve- ments and honor of the illustrious sons of the nation. The name of Charles D. Martin is inseparably associated with the history of jurisprudence not only in his district but in Ohio as well, and no man has been more respected in this locality or more highly de- serves the honors that have been conferred upon him. He has been designated as the
leading member of the Lancaster bar as it stands to-day and is therefore worthy to be classed among the eminent lawyers of the state.
Judge Martin is numbered among Ohio's. native sons, his birth having occurred in Mount Vernon, on the 5th of August, 1829,. his parents being Joseph and Susan: ( Thomas ) Martin, the former of Irish line -- age and the latter of English descent. In colonial days both the Martin and Thomas families were established in America, the former locating in Pennsylvania and the lat- ter in Maryland. In 1806 the paternal grandfather came to Ohio, locating in Knox county and there Joseph Martin was reared .. He married Miss Thomas, whose family about the beginning of the nineteenth cen- tury removed from Kentucky to Delaware county.
In the schools of his native county Judge
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Martin acquired his early education and later continued his studies in Kenyon Col- lege, Gambier. Wishing to become a mem- ber of the bar he entered upon the study of law in Lancaster under the direction of his relative. John D. Martin, a member of the firm of Martin & Effinger, prominent at- torneys of Fairfield county. After two years' study he was admitted to the bar in 1850 and at once began the practice of law in Lancaster and has followed it continu- ously with the exception of two years spent upon the supreme bench and as a member of the supreme court commission. His ad- vancement was rapid, owing to the pre- cision, thoroughness and care with which he prepared his cases, his strength in argument. his ready tact and genial disposition. He never sought to enshroud his cause in the sentimental garb of emotional oratory, but rather to present his cause in the strong clear light of fact and reason. He has never stooped to take a mean advantage and is al- ways eminently fair and courteous in his treatment of the witnesses and of the court. It is the theory of the law that the counsel who practice are to aid the court in the ad- ministration of justice and in this regard Judge Martin has been most careful to con- form his practice to a high standard of pro- fessional ethics. Ile never seeks to lead the court astray in a matter of fact or law. Hle has never endeavored to withhokl from it a knowledge of any fact appearing in the record. Calm, dignified. self-controlled, free from passion or prejudice, he has given to his clients the service of great talents. 1111- wearied industry and rare learning. but he never forgets that there are certain things
due to the court, to his own self-respect and to justice and a righteous administration of the law, which neither the zeal of an advo- cate nor the pleasure of success has permit- ted him to disregard.
In the fall of 1858 Judge Martin was nominated on the Democratic ticket to rep- resent his district in congress and was elected. his term expiring on the 4th of March. 1861. Through the succeeding twenty years he devoted his attention unin- terruptedly to the practice of law. In 1883 he was appointed by Governor Charles Fos- ter as one of the members of the supreme court commission to assist the supreme bench in clearing the docket, which was in arrears some twelve years. He served for two years, when the work they were ap- pointed to do was finished. During this period Mr. Martin discharged the functions of a judge of the supreme court. Ilis ap- pointment to this position was a high and merited tribute to his ability, coming from a Republican governor to one who has always been known as a stanch Democrat. In the years 1885 and 1886 he was the candidate on the state ticket for the office of supreme judge. Since his retirement from office he has given his undivided attention to the practice of law and has a large and distinc- tively representative clientage.
In 1873 the Judge was united in mar- riage to Miss Anna Mithoff, a daughter of the late G. A. Mithoff, of Lancaster, and they have three living children : Mary Jane, Anna and George. The family is widely and favorably known in Fairfield county, occu- pying an enviable position in social circles. just as the Judge does at the bar. For more
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than half a century he has been an active practitioner and but few lawyers have made a more lasting impression upon the bar of the state, both for legal ability of a high order and for the individuality of a personal
character which impresses itself upon a com- munity. Such has been his force of char- acter and natural qualification that he has steadily advanced and has written his name upon the keystone of the legal arch.
WILLIAM T. MCCLENAGHAN.
William T. McClenaghan, who is filling the position of prosecuting attorney of Fairfield county and resides in Lancaster. was born in Richland township, this county. on the 17th of September, 1855. His fa- ther, William McClenaghan, was born in Ireland in the year 1835, and when in his twelfth year crossed the Atlantic to the United States, locating in Lancaster, Penn- sylvania, where he resided for thirty-eight years. He was there married to Miss Mary E. Ferguson, of that county, a daughter of Robert Ferguson, and in 1854 he came to Fairfield county and settled upon the farm where he resided the greater part of his life. In his business undertakings he pros- pered. and his careful direction of farm la- bor and his enterprise and management brought to him a very satisfactory degree of success. His political support was given the Democracy and he took a deep and act- ive interest in the success of his party, doing all in his power to extend its influence and promote its growth. He served for six years as county commissioner of Richland township and was a leading citizen, strong in
his honor and good name. His wife, who was born in the year 1827, died in 1896. In their family were two sons and four daughters, namely: William T .; Sophia, who married S. D. Stevens, a farmer ; Catherine, the wife of R. Swartz, who is in the gas and oil business ; Sammel H. : Hor- ace S., who carries on agricultural pursuits ; and Charles D., who is a farmer on the old homestead in Richland township.
William T. McClenaghan, well known in connection with legal interests, was reared upon a farm. The hot summers' suns shone down upon many a field in which he was plowing and through the cold win- ter months he made his way to the district schools in order to acquire an education which would fit him for life's practical chities. Later he had the advantage of in- structions in the Fairfield Academy, where he prepared for college, and entering the University of Michigan at Ann Arbor. he was graduated in that institution in 1880. After his graduation he returned to Lan- caster and entered the law office of the Hon. Charles D. Martin, who directed his
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reading until his admission to the bar be- fore the supreme court of Columbus in 1888. Since that time he has been an active practitioner in the Lancaster district.
In 1882 Mr. McClenaghan was united in marriage to Miss Lottie Swartz, a daugh- ter of the Rev. A. and Catherine (Ruby) Swartz. Her father was pastor of the En- glish Lutheran church and is a well known divine of that denomination. Mr. and Mrs. McClenaghan have one son. William S., who is now a student. In public office our subject has manifested a loyal devotion to the general good. He was for six years a member of the city council, and in 1895 was elected prosecuting attorney of Fairfield
county for a term of three years, entering upon the discharge of his duties in 1896. He was afterward re-elected and is now in the latter part of his second term .. His political support has always been given the Democracy and he has taken a very active part in county and state politics. He be- longs to Philo Lodge. I. O. O. F .. of West Rushville, and also to the Knights of Pyth- ias fraternity. His nature is kindly, his temperament jovial and genial and his man- ner courteous. He has a thorough and comprehensive knowledge of the law and in this neither fear nor favor can swerve him from the strict and impartial performance of his duty.
THOMAS EWING.
Thomas Ewing was born in Ohio county, near Wheeling, West Virginia, De- cember 28, 1789. His father was Captain George Ewing, a soldier of the army of the Revolution, who at the close of the war left his home in New Jersey for the west. Owing to trouble with the Indians in the Ohio territory he settled temporarily in Virginia. In a few years the Indians proved peaceful and he continued his journey to . Ohio and settled on what is now known as Federal creek. in Athens county. Young Ewing worked upon his father's farm until nineteen years of age. reading in the mean- time such books as were to be found in the cabins of the settlers and in the new library
which they had purchased. Being ambitious to obtain an education, he prevailed upon his father to permit him to go to the Kanawha Salt Works and earn the necessary money. Hle walked through the woods to the Ohio river and got aboard a keel boat and worked his passage to the salines. This was in the year 1809. In December of the same year he returned home, went to Athens and spent three months there as a student. In the spring of 18io he went again to the salt works to earn more money. He was suc- cessful, returned home and paid off his father's debts. The winter of 1810 and 1811 he spent at home reading the books of the library. In the spring of 1811 he again
THOMAS EWING
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went to the salt works, and after a summer's work returned home with six hundred dol- lars in money. He immediately entered the Ohio University, being twenty-one years of age, and continued a student there until the spring of 1815, when he graduated with honor. After his graduation he again re- turned to Kanawha and in six weeks earned one hundred and fifty dollars. With this sum he returned home, and in July of the same year, 1815, he came to Lancaster and commenced the study of law with General Beecher. During his college term he taught school one term at Gallipolis, Ohio, and the Athens county records show that he occa- sionally acted as surveyor. Before entering General Beecher's office he had read Black- stone, and after fourteen months of hard study, sixteen hours per day, he was ad- mitted to the bar in August, 1816, being then past twenty-four years of age.
Ilis first speech as an attorney was made in the court house at Circleville, Ohio. In 1817 he was appointed prosecuting at- torney for Athens county, notwithstanding the fact that he lived in Lancaster, forty-five miles distant. He served as such for the years 1817-18-19 and 20 and again in 1824 and 1825. He was prosecuting attorney for the county of Fairfield from the year 1818 to 1830. Three or four years after being admitted to the bar Mr. Ewing married Maria, daughter of Hugh Boyle, clerk of the court and one of the pioneers of Lan- caster. In the year 1824 he formed a part- nership with his young friend, Henry Stan- bery, which continued a few years. They soon became great rivals at the Lancaster
bar and upon the circuit, but this did not disturb or mar the friendship of their early years.
Mr. Ewing soon rose to eminence as a lawyer and Whig politician. He had the honor to deliver the oration at Hebron, Ohio, when the first shovelful of earth was thrown by Governor DeWitt Clinton upon the surveyed line of the Ohio canal. In 1831 he was elected by the Ohio legislature as senator of the United States and served six years. He soon became an influential member of the senate and a good debater, making for himself a national reputation. In 1841 he was secretary of the treasury in President Harrison's cabinet. In 1849 he was secretary of the interior under Presi- dent Taylor and organized that department. Unfortunately for Mr. Ewing and the coun- try, both presidents died early in their ad- ministrations, so that he did not have an opportunity for the display of his great abilities as a cabinet officer.
In 1851 Thomas Corwin, then senator from Ohio, resigned and Governor Ford ap- pointed Mr. Ewing to fill the vacancy. Mr. Corwin, when nominated for senator, de- feated Mr. Ewing in the caucus by one vote. That vote was cast by General Joe Geiger, of Circleville, whom Mr. Ewing had in some way offended. Great as Mr. Ewing was as a statesman, his great fame will rest upon his ability as a lawyer, a lawyer rooted and grounded in the fundamental principles of the law. In a purely legal argument he was without a rival at the Ohio bar. In the courts of Ohio Henry Stanbery was his most formidable competitor. They were op-
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posed to each other on all great cases. In the great case of the Methodist Episcopal church, Mr. Ewing represented the north, Mr. Stanbery the south. As all the world knows, Mr. Ewing won the case. Good judges pronounced his argument a wonder- ful production. In the Martha Washing- ton case, tried in the United States court at Columbus, Stanbery appeared for the prose- ention and Ewing for the defense. Mr. Ewing submitted the case without argu- ment, much to the surprise of Stanbery, who had a carefully prepared speech, and the jury brought in a verdict for defendants. During the trying times of the Rebellion, when his boys and son-in-law were at the front. he was in constant communication with the authorities at Washington. His advice was often sought by the administra- tion and freely given. It was mainly ( as his friends claim ) upon his advice that Mason and Slidell were surrendered and a war with England averted. lle left a sick-bed and made his way to Washington to advise with President lincoln on this occasion. He lived to see peace and a reunited country. Mr. Ewing was a man of splendid form, strong and active, and many good stories are told of his strength and agility. He could jump higher than any young man he ever met, and but few. if any, could throw him down. He is credited with once taking an ax by the handle and throwing it over the court house steeple.
After Mr. Ewing became established as a lawyer, he. in company with Hon. Samuel F. Vinton, purchased and operated the Chauncey Salt Works, in Athens county.
They continued the business for twenty years or more and finally turned it over to Colonel Steele, Ewing's son-in-law. AAfter the death of President Harrison, Mr. Ewing did not remain long in Tyler's cabinet. Tyler and his cabinet differed radically on the bank question in particular, and they were not long in tendering their resignation. Mr. Ewing wrote and published a lengthy letter explaining why he left the cabinet. and quoted conversations with the president and conversations that took place in cabinet meetings, that the public might fully under- stand his reasons for this breach of confi- dence, as his enemies termed it. He was roundly abused by all of the leading Demo- cratic papers of the country, harsh terms and abusive language filling their columns. Mr. Ewing was not injured in Ohio; he was tendered public dinners by the enthusiastic Whigs of Columbus and Zanesville. From 1841 to 1860 Mr. Ewing was engaged in his profession in large and important suits, both in the courts of Ohio and of the United States. The Stoddard case, a case involt- ing Spanish land titles, he tried in St. Louis and was successful. He spent four months or more in acquiring the Spanish language. that he might more fully understand and prosecute his case. Much of his time in preparation was spent in Cincinnati. While there he made the acquaintance of an intelli- gent photographic artist, in whose office he was accustomed to umbend himself when tired of his work. This artist states that in conversation with Mr. Ewing he was surprised to learn that he knew more about the photographic art than he knew himself.
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This is not surprising to those who knew Mr. Ewing, for he was a ripe scholar, well read and at home upon any subject that he might be called upon to discuss.
He had assisted his father to make a new home in Indiana, where the old gentle- man died January 14, 1824. This home was on the Ohio river, near Cannelton, and at the time of which we write was occupied by Mr. Ewing's aged brother George. While at St. Louis trying the Stoddard case he notified his brother that on a certain day on his way home his boat would pass Can- nelton but would not stop. The boat reached the point in due time and the aged brother was in his chair on the river bank sur- rounded by his family. As the boat drew near Mr. Ewing stood at the railing, sur- rounded by the deeply interested passengers ; he greeted his brother and the salutation was returned. As the boat passed up stream the old man arose, trembling with age and quivering with emotion, and bowed a fare- well for the last time, never again to meet or see his brother this side of the gates of the spirit world.
Mr. Ewing died October 26, 1871, at his home in Lancaster. His funeral was largely attended. On his deathbed he said to a friend, "I have lived a long, useful and eventful life and I am ready to go." The honorary pallbearers were: Governor R. B. Hayes; Senator John Sherman; Senator Allen G. Thurman ; Judge Welsh, of the supreme court : M. A. Daugherty, John D. Martin, Charles Borland, Samuel Herr, Dr. T. O. Edwards, Darius Tallmadge, George G. Beck. Charles M. L .. Wiseman, J. F. Van-
demark, Hocking H. Hunter, John T. Brasee, Hon. Henry Stanbery, James R. Pearse, Samuel A. Griswold, Jacob Beck and Frederick AA. Foster, of Lancaster ; John H. James, of Urbana; A. B. Walker, of Athens; W. Marshall Anderson, of Circleville : Charles B. Goddard, of Zanes- ville; George Reber, of Sandusky; and Henry B. Curtis, of Alt. Vernon.
About the year 1818 the southern part of Fairfield county was infested with a gang of thieves and counterfeiters, who for months or years had evaded or escaped from the officers of the law and defied ar- rest. Thomas Ewing, who was prosecuting attorney, became tired of this and requested to be sworn in as special constable, which was accordingly done. He selected a half- dozen choice spirits, who, like himself, were large, strong and active men, of known courage and discretion-Nathaniel Reed, Christian Neibling, Adam Weaver, Chris- tian King, David Reese and Elnathan Sco- field. They proceeded to the rendezvous, surrounded the house and captured the gang, binding the leader, who was in charge of Mr. Ewing. Scofield was about to be overpowered, when Ewing went to his re- lief. The leader seized this moment for escape, and though his hands were bound, jumped out out of a second story window and made his escape in the darkness. The others were tried, convicted and sent to prison.
During the years Mr. Ewing was prose- cutor and for many years previous there were numerous distilleries in the county, and merchants everywhere sold er gave liquor
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away to their customers and whiskey was a universal beverage. Along in the '20$ the sale of it was regulated somewhat by statute. The records show that Mr. Ewing, as prosecutor, procured indictments against Latta, Connell and Ainsworth, Christian King and Henry Arnold for selling whiskey in quantities less than than one quart. They were tried and fined five dollars and costs each. John Reber and John G. Willock were witnesses in two of the cases, being clerks in the stores.
George Smetters ( Smothers) was in- dieted for selling three pounds of pepper at retail to Henry B. Joy, of the value of one hundred and six dollars. "Merchandise not the growth and manufacture of the United States, contrary to the form of the statutes in such cases made and provided." T. Eu- ing, prosecuting attorney. Smetters pleaded guilty and was fined ten dollars and costs of prosecution. George Smetters was the owner of a large farm near town, but not a merchant. lle drove a six-horse team to a
Conestoga wagen and carried produce to Baltimore and brought out goods for Lan- caster merchants. It is highly probable that he carried small quantities of goods of his own or for his own use and retailed to his friends. His case was continued for one or two terms and he finally gave Hugh Boyle, clerk of the court, a power of attorney to plead guilty for him. This very un- usual proceeding was accepted by the court. Smetters was, no doubt, absent from home during the sessions of the court, which was the cause of his un- usual manner of pleading. This indict- ment was brought October 1. 1821, and finally disposed of in October, 1822, Judge John .A. MeDowell, presiding. The fore- man of the grand jury was Samuel F. Mc- Cracken. The witnesses were George Burk- ley, Christian Rokohl and Henry B. Joy. The fact is. Smetters had no attorney and he empowered Boyle to plead for him and submit the matter to the judgment of the court.
JOSEPH S. TURNER.
Joseph S. Turner, who is now living a is a son of John and Rebecca ( Berry ) Tur- retired life in Bremen after many years' ner. The father was born in the state of New York, whence he removed with his parents to Virginia, and thence came to Fairfield county. Ohio. Here he made a connection with agricultural and industrial interests in Fairfield county, was born in Rush Creek township, this county, April 21. 1839. on the old family homestead of his permanent settlement in 1834. He took an maternal grandfather, Abraham Berry. He active part in promoting the agricultural in-
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