USA > Ohio > Adams County > A history of Adams County, Ohio, from its earliest settlement to the present time, including character sketches of the prominent persons identified with the first century of the country's growth > Part 23
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Thomas Cherrington
was born October 29, 1837, in Addison Township, Gallia County, Ohio, on a farm where he lived with his parents until he was nearly eighteen years of age, at which time he took a two-years' course in the academy
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at Gallipolis, preparatory to entering the regular college course at the Ohio Wesleyan University at Delaware, Ohio, where he afterwards entered, and for four years he attended that college and graduated from it. He was a private soldier in Company E, 84th O. V. I. from May 28, 1862, to September 20, 1862, and was afterwards a captain in the 122d United States troops, and was mustered out of the service at Corpus Christi, Texas, January, 1866. His service in the 84th Ohio was in West Virginia, and in the 122d Regiment of Colored Infantry, it was in Virginia, Louisiana and Texas. On his return from the army, he read law with the Hon. S. W. Nash of Gallipolis, and was admitted to the bar in the spring of 1867. In January, 1867, he located in Iron- ton for the practice of law. He was twice elected city solicitor of Ironton, and twice elected prosecuting attorney of Lawrence County, and continued to .practice his profession there until February, 1885, when he became a member of the circuit court of the fourth judicial circuit. He drew the two-years' term when the court was organized and was re-elected in 1886 and again in 1892 and again in 1898.
The Bar and Judiciary of Adams County.
Jacob Burnet and William McMillan, of Cincinnati, and Levin Belt, of Chillicothe, were admitted to the bar in Adams County and practiced in its courts under the Territory.
William Creighton, Henry Brush, Michael Baldwin and Thomas Scott, afterward of Chillicothe, were practitioners in Adams County. Francis Taylor and other lawyers of Maysville, Kentucky, attended the courts of Adams County until in the forties.
The first Supreme Court held in Adams County of which a record was found, was October term, 1804. It was held by Judges William Sprigg and Samuel Huntington. There was but one term held in each year.
General Darlinton was appointed clerk of this court. He was the only clerk this court ever had, serving as such from 1803, until his death, August 3, 1851. The court passed out of existence September I, 1851, but no clerk was reappointed after his death. In 1819 and 1820, no court was held. In 1821, Judges Pease and Couch held the court, and in 1822, Judges McLean and Jacob Burnet held court.
In 1823, the court was held by Peter. Hitchcock and Charles R. Sherman, father of the Senator. The May term, 1824, was held by Judges Peter Hitchcock and Jacob Burnet. At this term, George Col- lings and Kidder Meade Byrd were admitted to the bar. The latter was drowned in the Potomac River in Washington, September 24, 1824.
At the May term, 1825, General Darlinton was reappointed clerk for seven years and William H. Allen was admitted to the bar. Judges Pease and Burnet held the term.
The May term, 1826, was held by Judges Hitchcock and Burnet. Archibald Leggett, of Ripley, was admitted to the bar. Joseph D. Darl- inton, son of the General, was appointed deputy clerk.
At the May term, 1827, held by Judges Burnet and Sherman George Lyon was admitted to the bar.
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In 1828, Judges Hitchcock and Burnet held the court. Allen D. Beasley was admitted to the bar.
The May term, 1829, was held by Judges Pease and Sherman. Henry Brush was one of the attorneys in attendance, and John H. Haines was admitted to the bar.
The August term, 1830, was held by Judges Joshua Collett and Ezekial Hayward.
At the April term, 1832, the judges were Joshua Collett and John C. Wright. General Darlinton resigned as clerk because his term ex- pired May 7, following, and he was reappointed for seven years. The court also appointed him master in chancery for three years.
At the April term, 1834, the judges were the same as the previous term.
At the August term, 1835, the judges were Collett and Lane. Thomas J. Buchannan and Andrew Ellison were admitted to the bar.
The March term, 1836, was held by Judges Lane and Hitchcock.
The April term, 1837, was held by Judges Lane and Hitchcock. General Darlinton was appointed master in chancery for three years.
At the March term, 1838, the judges were Wood and Grimke. Joseph Darlinton was reappointed clerk for seven years, and Joseph D. Darlinton, his deputy. No term was held in 1839. In 1840, Judges Lane and Hitchcock held the term. Charles K. Smith was admitted to the bar.
In 1841, Judges Grimke and Hitchcock held the term. George Nealy was admitted to the bar. In 1842, the judges were Lane and Wood. In 1843, the court was composed of Judges Wood and Birchard. John M. Smith was admitted to the bar.
In 1844, the judges were Lane and Wood, and James W. Arm- strong was admitted to the bar.
In 1845, the judges were Wood and Birchard, and in 1846, Reed and Birchard
On March 30, 1846, Gen. Darlinton was reappointed clerk for seven years, his last appointment. In 1847, the court was held by Judges Reed and Avery. In 1848, the same judges sat. James Clark and Joseph Allen Wilson were admitted to the bar. The latter died the following December.
In 1849, the court was held by Judges Avery and Spaulding. An- drew W. McCauslen was admitted to the bar.
The April term, 1850, was held by Judges Hitchcock and Caldwell. The April term, 1851, was the last Supreme Court held in Adams County, and was held by Judges Spaulding and Ramsey. Joseph R. Cockerill, John K. Billings and David B. Graham were admitted to the bar at this term.
The District Court succeeded the Supreme Court and its first term in Adams County was held October 17, 1852. Judge Allen W. Thur- man of the Supreme Court, presided, and John F. Green and Shepherd F. Norris were the common pleas judges.
The first court of common pleas held in Adams County was Decem- ber 13, 1797. The judges of that court were John Beasley, John Belli and Benjamin Goodwin, all lay judges. This court was held at Adams- ville. The next was held at the same place in December, 1898. Benja-
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min Goodwin had removed from the county and the court was com- posed of Beasley, Belli and Nathaniel Massie.
The December term, 1799, was held at Washington. The court was composed of John Beasley, president, John Belli, Moses Baird and Noble Grimes, all lay judges. They held this court in September, 1800, June and September, 1801, at Washington. There is no record for 1802.
In August, 1803, David Edie was presiding judge and Hosea Moore and Needham Perry were associates. This was the first court under statehood. John Lodwick was sheriff.
At the December term, 1803, Wyllis Silliman, a lawyer and pre- siding judge, sat at Washington and his associates were Hosea Moore, Needham Perry and David Edie.
Astothe lawyers who attended early courts, there is little of record. John S. Wills was prosecuting attorney in 1804, James Scott in 1807, and Jessup M. Couch, in 1808. Prior to that, the State used any attorney who happened to attend as prosecutor. John W. Campbell located in West Union in 1808 and was a leader there at the bar until 1826, when he removed to Brown County. He was prosecuting attorney from 1808 to 1817 under the magnificent salary of one hundred dol- lars per year. In 1817, he was succeeded by Samuel Treat, whom ob- livion has fully obscured. Even the writers of this work could not resurrect him. Richard Collins practiced in Adams County in 1821 and 1822. He was a son of the Rev. John Collins, of fragrant memory. He afterwards went to Maysville and died there.
The first term at which the attendance of lawyers was noted was November term, 1822. There were present at that term John W. Campbell, Samuel Treat, Daniel P. Wilkins, Richard Collins, Benjamin Leonard, Henry Brush of Chillicothe, and George R. Fitzgerald.
At the June term, 1823, the same attorneys were present, together, with Taylor and Scott.
In 1824, John Thompson, of Chillicothe, attended. In 1825, the Legislature passed a law placing a specific tax on lawyers and this re- mained in force until 1851. This law did not take effect until June, 1826, and the assessments were made by the associate judges until 1830, when the law required them to be made by the commissioners at their June session; hence, the resident attorneys from 1830 to 1851 can be found in the commissioners' journal at every June meeting.
George Collings first appeared as an attorney at the March term, 1824. In 1825, the lawyers were Samuel Brush, Geo. R. Fitzgerald, Richard Collins, Daniel P. Wilkins, George Collings, Taylor and Ben- jamin Leonard. The latter was considered a great lawyer and was em- ployed in all great cases. He never resided in the county. Henry Brush, of Chillicothe, attended in 1826. In 1827, Garland B. Shelleday appears. He was a Virginian, a protege of John W. Campbell. John Thompson, of Chillicothe, attended regularly. At June term, 1828, Beasley appears. In 1828, we note the first appearance of Archibald Leggett. In 1829 Leggett, Beasley, and George W. King, of Brown County attended. In 1832 the list of taxed lawyers were Samuel Brush, George Collings, and Daniel P. Wilkins. Thomas L. Hamer, of Brown, attended first that year.
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In 1834 Nelson Barrere first appears. In 1835 John P. Crapsey attended. At this time James Keenan appears. He was an Irishman. He married a sister of James Cole, and soon after located in Piketon. In 1836 John Hanna attended, and three of the Brushes, J. T., Samuel, and Henry. In 1837 David Devore, of Brown, and McDowell, of Highland, attended; also Shepherd F. Norris. In 1839, A. McClausen first appears. We are uncertain whether this was Thomas A., or an elder brother of his.
In 1840 O. F. Moore attended; Joseph McCormick and Chambers Baird, McCauslen, Devore, Barrere, and Hamer were also present. In 1841 William V. Peck attended. At the October term, 1841, Henry Massie, of Chillicothe, Chambers Baird, Hamer, Devore, J. S. Taylor, John W. Price, of Hillsboro, and H. L. Penn, of Brown, were in attend- ance. The same lawyers attended most of the terms for several years after. At February term, 1845, Edward P. Evans appears for the first time. He did not become a resident of the county till April, 1847.
At March term, 1846, John M. Smith appears for the first time.
At the June term, 1847, William M. Meek made his bow to the court. At the September term, 1847, there were present, John M. Meek, Edward P. Evans, Hanson L. Penn, Joseph McCormick, Thomas McCauslen, and James H. Thompson. Of all the above, the latter only is living at a great age.
In 1849 and 1850 John W. Price attended. In 1851 the name of Col. Cockerill first appears at September term. McCauslen, McCor- mick, and Evans are named. George Collings was last named at June term, 1847.
At the August term, 1852, there were present Evans, Penn, Mc- Causlen, Cockerill, Billings, David B. Graham, James Lowery, William M. Meek, William C. Buck, James H. Thompson, Chambers Baird, and William H. Reed.
As this brings us within the memory of the present generation, we do not mention the attendance. McFerran appeared on the stage the next year. Jacob M. Wells located in West Union as a lawyer in 1854. The same year, 1854, Thomas J. Mullen located in Adams County for the practice of law. The ashes of Evans, Cockerill, Mullen, Wells, Bil- lings, and McFerran all rest in the old South Cemetery.
David W. Thomas began the practice of law at West Union in 1864. He, too, has joined the silent majority.
Edward M. DeBruin was a lawyer at West Union in 1860. He went into the 33d Ohio Volunteer Infantry as an officer, and after the war went to Hillsboro. He died at Columbus, Ohio, in October, 1899. Colonel Cockerill practiced at West Union from 1851 to 1875, and was well and favorably known.
The present bar of Adams County is composed of Franklin D. Bayless, George W. Pettit, A. Z. Blair, William R. Mehaffey, Cyrus F. Wikoff, C. F. McCoy, the prosecuting attorney; Carey E. Robuck, M. Scott, John W. Hook, J. W. McClung, all residents of West Union; C. C. W. Naylor, William Anderson, S. N. Tucker, and W. E. Foster, residents of Manchester; and Philip Handrehan and T. C. Downey, of Winchester.
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Separate sketches of all the prominent members of the bar, past and present, will be found following this article, as well as separate sketches of the judges in succession.
The practice of the law in Adams County was much more profitable in the early history of the county than it is now. Then the people thought they were rich; now they know they are poor. At least, that is the statement most of them made to the canvassers for this work. Then the county was new; lands were taken up in large tracts, and there was much litigation over disputed and conflicting lines. For thirty years all the boundary questions have been settled, and the liti- gation is made up chiefly of foreclosures, damage suits, and divorces. The lawyers of this day have a better time than the early lawyers did, but are not so much looked up to as the first lawyers, because the peo- ple have other things to think of. In the early days all public interest centered in the courts. Now it has many other objects. A number of the older generation of lawyers were gay lotharios, and very fond of corn whiskey, but the present generation have abandoned both proclivi- ties. The older generation of lawyers rode the circuit. They passed from county seat to county seat on horseback, with saddle pockets across their saddles, and sherry vallies encasing their legs. They rode in all weathers and on all kinds of roads. The present generation trav- els only turnpikes in carriages, or travels on the cars. The older gen- eration spent their evenings in inns, before blazing fires, and with can- dle light. The present generation would not be found in a common bar room, and enjoys all the comforts and conveniences of life. The older lawyers depended much on oratory and effect; the present gener- ation are largely business agents with business methods. The older lawyers may have enjoyed log cabins with puncheon floors and clap- board roofs, but the present members of the fraternity enjoy all the fruits of the intense civilization in the midst of which we live. Law books are plenty now. In the early times they were scarce. While the present lawyers have business away from home and attend to it, the old plan of riding the circuit has gone, never to return. George Col- lings, the father of Judge Henry Collings, rode the circuit, as did John W. Campbell and their cotemporaries. Judge George Collings attended the courts in Scioto, Highland, and Brown Counties. The fashion of riding the circuit went out with the old Constitution. The old-fash- ioned judges were not always strong men, nor were they all learned in the law. Wylliss Silliman was an able lawyer, but Levin Belt was no better qualified than a justice of the peace. Robert F. Slaughter was not much of a lawyer, though quite an orator. John Thompson was only passable, though of a very high temper and much natural dignity, which shielded his lack of training as a lawyer. Joshua Collett and George J. Smith were able judges. John W. Price was a fair lawyer. Judge Fishback is described in a separate sketch. George Collings was an able and successful lawyer, but his feelings were too sensitive for a judge, and he would not remain on the bench. Shepherd F. Norris was a fair lawyer and judge, but Judge Fishback would never concede it. Thomas Q. Ashburn made an efficient judge, but was not bril- liant. Tarbell was proficient in the law. Cowen, Collins, and Davis
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were able judges, above the average of judges before the present constitution and their immediate predecessors. Loudon made a good judge, though not of a judicial temperament. Of the nineteen associate judges of Adams County, as we learn them, Robert Morrison was the best informed on the law, and of the greatest natural ability. Moses Baird was the next in ability, though we do not know so much of him as of Morrison, but he was a man of excellent natural ability and of great dignity.
The old courts and judges, however, believed in dignity. Colonel John Lodwick, sheriff of the county, mustered the court with martial music and a procession from their hotel to the courthouse on the opening of every term. He wore a cocked hat and carried a sword. Of all men, Colonel Lodwick was most efficient in a case of this kind. At militia musters he made the finest appearance of any one on the par- ade, and as sheriff, was capable of maintaining his own dignity and that of the whole court. He was a model for every sheriff who has followed him.
Richard Collins,
son of Rev. John Collins, was born February 22, 1796, in New Jersey. He was liberally educated, studied law with John McLean, was admitted to practice in 1816, and settled in Hillsboro. He was appointed prose- cuting attorney of Highland County in 1818 and resided there until 1832. On August 7, 1821, he was appointed prosecuting attorney of Adams County and on August 5, 1822, he resigned. He represented Highland County in the House from 1821 to 1823. He removed to Maysville, Kentucky, in 1833, and represented Mason County in the Kentucky Leg- islature in 1834, 1844, 1847. For fifteen years, he was president of the city council of Maysville, Kentucky, and was the first president of the Maysvile and Lexington Railroad. In 1853, he removed to his father's old home in Clermont County, where he died May 12, 1855.
He had a keen and sparkling wit and was of high ability in bis pro- fession.
Daniel Putman Wilkins,
one of the members of the bar of Adams County in its early history, was born at Amherst, New Hampshire, in 1707, and died at West Union, July 11, 1835, one of the victims of Asiatic cholera. He was the son of An- drew Wilkins and Lucy Lovell Blanchard, his wife. His grandfather, Rev. Daniel Wilkins, entered the ministry of the Congregational Church at Amherst, New Hampshire, in 1740, and died there at the age of eighty-five. Of him the record is preserved that "The people of Amherst paid the highest respect to his memory and erected over his remains a monument of respectable proportions commemorating his memorable acts and intrinsic merits."
Daniel P. Wilkins came from a family eminent for services as states- men and soldiers. Among them are named Daniel Wilkins, Major in the Revolutionary War, who died of smallpox at Crown Point; Hon. William Wilkins, of Pittsburg, Pennsylvania, United States Senator and Secretary of War, 1841-1846; General John A. Dix, governor of New York and minister to France: General Thomas Wilkins, of Amherst, New Hampshire; George Wilkins Kendall, editor of the New Orleans
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Picayune, and Hon. James McKean Williams, lawyer and lieutenant gov- ernor of New Hampshire.
Daniel P. Wilkins was a brilliant, scholarly lawyer ; keen, bright and pungent in his manner. It is said he made the following statement in court in regard to a pleading of an opponent, "May it please the Court. In the beginning the earth was without form and void, and the Spirit of God moved upon the face of the waters and there was light. So, too, may it please the Court, this pleading is without form and void, but it lies in the power of no spirit to move upon its face and give it form or light."
He married Susan A. Wood, a pioneer school teacher from Massa- chusetts, and they had four children-Susan and Clara, who are now de- ceased and who were married successively to Daniel Barker, of Red Oak Junction, Iowa; Anna I., now deceased, married to John Eylar, of West Union, and Mary, married to Charles B. Rustin, now living at Omaha, Nebraska. Our subject's acquaintance with Miss Wood, whom he mar- ried, was romantic. She had studied law and appeared in some cases in the minor courts. Mr. Wilkins was called before a trial justice and there he found Miss Wood as counsel for the opposite party, and this was the first time he had met her. She conducted the trial for her client and won the case. Her management of defense so impressed young Wilkins that he courted and married her.
He located as a young lawver in West Union, Adams County, in 1820. On the fifth of October, 1822, he was appointed prosecuting attor- ney of Adams County and served as such until June 12, 1826, when he was succeeded by George Collings. On the fourth of July, 1825, he de- livered an oration at West Union. of which an account is given in the Village Register. He was also a land agent and advertised lands sales in that paper. There was a public library in West Union in 1825, and he was librarian. In 1826, he was aid-de-camp in the militia and brigadier general of the district. The children of his daughter, Anna A. Eylar, are Joesph W. Eylar, editor of the News Democrat, of Georgetown; Oli- ver A. Eylar, of the Dallas Herald, of Dallas, Texas; John A. Eylar, a lawyer at Waverly : Albert A. Eylar, lawyer at El Paso, Texas, Louella B. Eylar, a school teacher at West Union. Henry Rustin, a lawyer at Omaha, Nebraska, is a son of his daughter, Mary.
George R. Fitzgerald
was born in Maryland, and came from there to Chillicothe, Ohio. From the latter place, he came to West Union, probably about 1816. About all we know of him, we learn from Col. Wm. E. Gilmore, of Chillicothe, to whom we are indebted for many favors.
While in Adams County, Fitzgerald kept a fine horse, which he was accustomed to loan to his friend, young Joseph Riggs, a bank clerk, to ride to North Liberty to court Rebecca Baldridge, daughter of Rev. Wm. Baldridge. In 1818, he was elected to the Legislature from Adams County and had Gen. Robert Morrison for his colleague. In 1821 and 1822, he again represented Adams County in the lower House, having no colleague. In 1822, he appears to have changed his residence to Highland County, for he was prosecuting attorney there in 1824 and again in 1831 and 1833. From there he returned to Chillicothe, and was
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in partnership with Judge Henry Brush. Fitzgerald was a portly, good looking man and of first-rate legal abilities and attainments. He was studious and attentive to business. He was moral and temperate in his habits, but at the same time, moody, often depressed in spirits, and mel- ancholy. Whether this arose from love or dyspepsia, we do not know, but he was madly enamored of one of the daughters of Wm. Creighton, Jr., and his addresses were rejected. Upon Miss Creighton's marriage to another suitor, he went to Washington, D. C., and soon after com- mitted suicide.
Eheu! amare simul et sapere, ipsi Jovi non datur
Garland B. Shelledy
was a young lawyer in West Union in 1824, 1825, to 1828. He is said to have been a relative of John W. Campbell. His marriage is announced in the Village Register, of November 14, 1826, as having occurred on the thirty-first of November, to Miss Nancy Hutcheson, at Cannonsburg, Pennsylvania, the Rev. Dr. Brown, President of Jefferson College, per- forming the ceremony.
On March 27, 1827, he was president of the council of West Union while Joseph Darlinton was recorder. At that time, the president of the council was the mayor. In 1827, he was a candidate for county treas- urer, but as usual, Gen David Bradford was elected. No one had any show as against him. At the election for treasurer at that time, Octo- ber 27, 1827, the vote stood as follows: David Bradford, 707; Joseph D. Darlinton, 191 ; John M. Hayslip, 170; Garland B. Shelledy, 97; Wil- liam McColm, 35.
He was born in Kentucky. His mother's maiden name was Brad- ford. He was a graduate of Jefferson College of Cannonsburg, Penn- sylvania. When he left Adams County he located in Edgar County, Illinois. He was known as a fine speaker at the bar. In his political views he was a Whig and in his religious views a Presbyterian. He reared a family and has one daughter, Mrs. S. H. Magner, aged 64 years, who resides at Paris, Edgar County, Illinois, where he died and is buried. He died of consumption, as did most of his family.
Samuel Brush
was born January 13, 1809, in Chenango County, New York, where his father resided until 1815, when he removed to Chillicothe, Ohio. His father, Platt Brush, was a lawyer and practiced in Chillicothe with his son, Henry Brush. In 1820, he removed to Delaware, where he re- mained until 1828, when he returned to Chillicothe.
Samuel Brush was a clerk in his father's office. He received a clas- sical education from three private tutors, one of whom was John A. Quit- man. He read law with his father and was admitted to the bar at Tiffin, Ohio, August 30, 1830. In the spring of 1831, he located at West Union, Ohio, and was elected prosecuting attorney in 1833, the first one elected in the county. He served two years and then went to Batavia, Ohio, and practiced a short time when he removed to Columbus, Ohio. He ac- quired the title of major in Columbus by being brigade inspector of the militia. He was vice president of the agricultural society of Franklin County when it was organized. In 1859, he retired from practice and
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