USA > Ohio > Cuyahoga County > Cleveland > A history of Cuyahoga County and the City of Cleveland, (Vol. 1) > Part 59
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"In this day, the elements of mind now slumbering among the masses, like a fine unwrought marble in the quarries, will be aroused and brought out to challenge the admiration of the world. Philosophers and sages will abound everywhere, on the farm and in the workshop, and many a man of genius will stand among the masses and exhibit a brilliancy of intellect which will be recognized in the circling years. It is only the educated man who is competent to interrogate nature and comprehend her rela- tions. Though I would not break down the aristocracy of knowledge of the present age, yet, sir, I would level up and equalize and thus create, if I may be allowed the expression, a democracy of knowledge. In this way and in this way only, can men be made equal in fact, equal in their social and political relations, equal in mental refinement and in a just appreciation of what constitutes man the brother of his fellow man."
Cleveland thus in its infancy had a strong bar with Sherlock J. Andrews, Samuel Huntington, Wood and Willey, Leonard Case, Samuel Cowles, and Stanley Griswold, whom we have mentioned in a previous chapter as the first United States senator from Cleveland. In this list the bench is also conspicuous. The next addition came in the person of Samuel Starkweather of Rhode Island, who came in 1827 and was admitted to practice four years later. He was collector of customs under Presidents Jackson and Van Buren, mayor of the city in 1844, and judge of the Common Pleas Court from 1852.to 1857. In 1832 Samuel Williamson, who was raised from a boy in Cleveland, began the practice of law in the village. He practiced for forty years, only stopping off for eight years to serve as county auditor. A year later John A. Foote hung out
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his shingle inviting clients. He was a son of Senator Foote, of New England, who had the distinction of introducing in the senate of the United States the resolution that precipitated the celebrated debate between Webster and Hayne. Foote came into the partnership of Andrews and Cowles and later James M. Hoyt was added to the firm. This was a leading law firm in Northern Ohio for many years. Judge Andrews at its head was elected to Congress in 1840, was judge of the Supreme Court in 1848, a member of the Constitutional Convention in 1850, and also of the convention of 1873, which constitution was not ratified. Judge Andrews early won fame as an advocate and for forty years was in the front rank. The annals record that he employed in trials, logic, sarcasm, wit, ridicule, and pathos, but was never coarse or given to vituperation. "He was more than a lawyer, was a philosopher and a sage, a great example for young lawyers."
In 1835 a number of men were added to the list, among them Seth T. Hurd. Hurd had a gift of oratory most unusual and soon became known as a stump orator rather than a profound lawyer. His stay in Cleveland was only for a few years. He returned to Washington, Penn- sylvania, where he spent the remainder of his life. Another practitioner coming the same year was John Barr. He was a well read lawyer and a safe counsellor, was police judge for several years. Barr took a great deal of interest in Cuyahoga County history, collected manuscripts and data of the first settlements. H. L. Hosmer was another worthy member of the Cleveland bar who came that year. Like Seth Hurd, he only practiced law in Cleveland a few years, he then removed to Montana and became chief justice of the territory. He next allied himself with the San Francisco bar. But the most distinguished of those who allied them- selves with the Cleveland bar in 1835 was Thomas Bolton. He was a native of Cayuga County, New York, a graduate of Harvard, a good lawyer and brilliant advocate. At a time when Cuyahoga County was considered sure to give a safe whig majority, Bolton carried it as a candidate for prosecuting attorney on the democratic ticket. The old annals say of him that he was "a large full faced man, with ample forehead, open countenance, and frank demeanor. His nature corresponded to his appear- ance, and his genial disposition attracted as much admiration as his legal ability." He formed a partnership with Moses Kelley, and the firm of Bolton and Kelley became known over the Reserve and took rank with the best. Bolton joined the free soil party in 1848, and assisted in forming the republican party in 1855, so that when elected Common Pleas judge in 1861 it was as a republican.
His partner, Moses Kelley, was a native of New York and also a graduate of Harvard. As described in the annals "he was a man of extraordinary strength of character, whose stern Scotch-Irish features surmounting a tall spare form were the reflex of the unbending soul beneath. Less facile in accommodating himself to circumstances than is usual with Americans, no one ever doubted his great ability or his unflinch- ing principles." In politics, as in the law, he was vigorous and direct, and was unswerving in his allegiance to his chosen political associates, the whigs. Philip Battel was admitted to practice about this time. He was a son-in-law of Senator Seymour of Vermont. That seems to be about as far as he got-in-law, for, although a great reader and well informed, he was too indolent for a lawyer in a pioneer community and went back to Vermont. The bar of Cleveland, including G. W. Lynd and Flavel W. Bingham, whom we have not mentioned and excluding those who have moved away, numbered in 1835 just seven.
Another young firm that was formed about this time was that of
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Payne and Willson. Henry B. Payne and Hiram V. Willson, both from Madison County, New York, and both graduates of Hamilton College, came to Cleveland and began the practice of law. This was at a time when by reason of the building of the canal things began to boom and for twelve years it is related that the firm of Payne and Willson brought in the Common Pleas Court an average of 250 cases annually and defended as many more, being attorneys of record in the latter. Payne retired from the firm and the practice of law in 1845 on account of ill health and Willson continued until 1854, when he was appointed by President
HENRY B. PAYNE
Pierce the first judge of the United States Court for the Northern District of Ohio.
Both of these young men were democrats in politics, but at the out- break of the rebellion were loyal to the Government. In a charge to the grand jury at the beginning of the war, Judge Willson in ringing sentences denounced the conspirators engaged in armed rebellion against the Government as traitors, and when opposition to the draft occurred later on he pronounced it in accordance with the Constitution and stated that it was the duty of all to obey the law. He died in 1866. Henry B. Payne rose to a prominence in the civil and political life of the city that overshadowed his career as an attorney, but the firm of Payne and Willson, covering the early years of Cleveland, stood up to the front, Mr. Payne, as we have said, only continuing in practice for about twelve years.
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Franklyn T. Backus, a native of Massachusetts and graduate of Yale College, studied law with Bolton and Kelley and was admitted to practice in 1839. He formed a partnership with Jesse P. Bishop. This firm became prominent. Bishop was a native of Vermont and a graduate of Western Reserve College, Hudson, Ohio. Both of these gentlemen were successful and able lawyers. Getting into the '50s, the bar was increased by Rufus P. Spalding. Born on the Island of Martha's Vine- yard in Massachusetts, he graduated from Yale College in 1817, came to the Western Reserve and practiced law in Trumbull, Portage and Summit counties, served three years as judge of the Supreme Court, coming to Cleveland in 1852. Here he was a prominent figure in the law and in public life, serving six years in Congress and engaging later in successful literary work.
The most distinguished member of the Cleveland bar in all its inter-
RUFUS P. SPALDING
esting history came to Cleveland in 1857, Judge Rufus P. Ranney. Born at Blanford, Massachusetts, in 1813, he came with the family to Ohio in 1824 into the woods at Freedom, Portage County. This was then the very heart of the wilderness. He was a self-made man, energetic and aspiring, studied in Nelson Academy and Western Reserve College at Hudson, but in the struggle for existence did not complete his course but, looking toward the immediate gaining of a livelihood, entered upon the study of law with Wade and Giddings at Jefferson, Ashtabula County. His progress was so rapid that in one year he passed the examination and was admitted to the bar. Giddings having been elected to Congress, Ranney was taken into the firm in his place and the firm name was changed to Wade and Ranney. It has been said that this was the strongest legal combination that had ever been seen in the West. In 1845 Ranney withdrew from the firm and opened an office at Warren, Ohio, where he at once took front rank and became the acknowledged leader of the Trumbull County bar. A democrat in politics he was twice nominated for Congress but his party was in the minority and he was defeated. In 1850, in a selection where party politics did not have so much of a hold, he was elected by a large majority a member of the Constitutional Convention. Here his great abilities came into play and he served with distinguished efficiency and was called the father of the new constitution.
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Soon after, he was elected by the Legislature judge of the Supreme Court and when the new constitution came into force was elected by the people to the same position. This position he held until 1857 when he resigned and took up the practice of law in Cleveland. This seemed to be his desire in life but he was continually called to public positions. The same vear of his coming to Cleveland he was appointed United States District
CHARLES C. BALDWIN
Attorney for the Northern District of Ohio, but in two months he resigned to follow his favorite profession. There seemed to be a general conspiracy to keep him from permanent retirement to private life for in 1862 he was again elected to the Supreme Bench, which he accepted with great reluctance, serving two years and again resigning to follow the practice of law. He was the nominee of his party for governor in 1859, but was defeated by William Dennison. His desire was to follow his favorite profession. His work upon the Supreme bench was of a high order and his decisions are among the ablest ever promulgated by that august body. He ranks in history as one of the great jurists of the nation. Judge
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Ranney died in 1891. He held many positions of honor but his pride in life was to be known as a good lawyer.
Previous to the coming of Judge Ranney we note the addition to the Cleveland bar of F. J. Prentiss, who came in 1840, Charles L. Fish, and Samuel Mather, who were admitted to the bar in 1844, the second to be known as a business man rather than a legal practitioner and the third to continue in the practice of law exclusively for many years. Of Mr. Prentiss we will speak later. Mr. Fish was noted for his long drawn petitions. Some of his petitions recited the life history of the client and plaintiff in the case. It was related that one judge, in an effort to correct this somewhat prevalent fault among attorneys, rendered a decision to the effect that any matter contained in a petition not germane to the case was an evidence of fraud.
In 1848 the Superior Court of Cleveland was established with certain jurisdiction, which relieved the Common Pleas of a portion of its docket. This lasted two years with Sherlock J. Andrews as the only judge. Another court of the same name and much the same jurisdiction was established in 1873 with Gershom M. Barber, Seneca O. Griswold and James M. Jones as judges. This was also abolished by law after two years of trial.
In 1854-55 two men, who were afterwards judges of the Common Pleas Court, were added to the Cleveland bar, John W. Heisley and J. E. Ingersoll, the latter was the father of the late Alvin F. Ingersoll of the Court of Appeals. In the next five years and up to the breaking out of the Civil war may be mentioned Joseph M. Poe, whose connection with the law was largely as a magistrate of the justice court, Lewis W. Ford, Charles C. Baldwin, William W. Cushing, William V. Tousley, J. H. Hardy, John C. Hale and A. T. Brinsmade. Of this list John C. Hale was elevated to the bench, being for many years an able jurist of the Circuit Court, now styled the Court of Appeals. Mr. Baldwin preceded him, being one of the first judges of the new Circuit Court, and Mr. Brins- made embraced politics as a side issue, serving as a member of the Legislature and being active in political campaigns. Mr. Hardy continued until his death in the practice of the law but like many engaged in that profession promoted many business enterprises. He was president of the first street railway line in Cleveland. Mr. Tousley engaged in general practice and was always on the fighting line in a law suit. Once opposed in a law suit by "Bill" Hackney, who had come to Cleveland from the Far West and who was sometimes given to rough expressions, he turned on the wild westerner with: "Retract that statement or I'll jump down your throat and stamp out your intestines." He did not propose to have any one outdo him in the personal amenities of a law suit. It may be added that Tousley was small in stature and Hackney's mouth given to large vocal utterances.
Henry Clay White, a native of Newburgh, was admitted to the bar in 1862. His parents were natives of Massachusetts and came to Cleve- land in 1815. He began the active practice of the law in 1874 and was known by his power of oratory as well as his good legal mind. In 1888 he succeeded Daniel R. Tilden as probate judge, after that gentleman had held the office for thirty-three years. This position he held until his death when he was succeeded by the present incumbent of that office, Alexander Hadden. The following year four men were added to the Cleveland bar, J. F. Herrick, M. G. Watterson, L. A. Russell, and E. D. Stark, and in 1864, Conway W. Noble, J. M. Henderson, and John P. Green. Mr. Green was the first colored man to become a member of the Cleveland bar and he is still in active practice; Mr. Noble became Common Pleas judge, and Mr. Henderson soon took rank as one of
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the leading members of the bar, the law firm of Henderson and Kline was for long a leading one in the city; he is now the senior member of the firm of Henderson, Quail, Siddall and Morgan.
James H. Hoyt and Homer H. McKeehan, while distinguished members of the bar, but the first of an earlier generation, acquired distinction, aside from their law practice, as after dinner speakers. Mr. McKeehan has served as president of the bar association
In the five years following, the additions to the legal fraternity of Cleveland included S. E. Williamson, Samuel M. Eddy, George H. Foster,
SAMUEL WILLIAMSON
Carlos M. Stone, William G. Rose, A. T. Brewer, Arnold Green, George T. Chapman, and Stevenson Burke. The last named had won a name and fame before making Cleveland his home. Stevenson Burke was admitted to practice in 1848 and began his career as a lawyer in Elyria, Lorain County. His success was brilliant from the start. When only twenty-six years of age he had the largest practice of any lawyer in the county and in 1862 was elected Common Pleas judge. He was reelected and in the midst of his second term resigned to remove to Cleveland and resume practice. His first partnership was with F. T. Backus and E. J. Estep and his second with William B. Sanders and J. E. Ingersoll. A review of the activities of Judge Burke, individually, and in connection with these firms, would be a large history in itself. Outside of the many railroad and mining cases, in connection with which he became a
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large owner, the Oberlin-Wellington rescue slave case is best remembered. He conducted the negotiations for William H. Vanderbilt which resulted in the purchase of the Nickel Plate Railway. Samuel (Sam) Eddy became known as the most brilliant cross-examiner of the bar. His study of human nature was an exact science made practical. He lived in the experiences of the court room. At one time he was trying a case for Judge Jones, who had retired from the bench and engaged in practice. The judge sat behind him at the trial table and took notes from the testimony and as was often the practice in those days had deposited his silk hat on the carpet at the right of his chair. Eddy was examining a wild Irishman with rapid fire questions inserted between rapid fire answers. In the midst of the cross fire he turned to spit and mistook the hat for a cuspidor. Continuing his volley of questions he caught up the hat and, as the safety of his endeavor depended upon keeping the judge supremely busy with his notes, the questions flew with greater rapidity as he hysterically mopped the interior with his pocket handker- chief to the amusement of the spectators. The hat was restored to its original place leaving the judge in ignorance of the catastrophe that had overtaken his shining tile.
Carlos M. Stone, of the list, served for many years on the Common Pleas bench ; a mention of his career has been given in a former chapter. William G. Rose was not identified with the legal profession so much as with the business and civic life of the city. S. E. Williamson and A. T. Brewer immediately took high rank in the profession. George H. Foster served the county in the State Legislature and with this inter- ruption continued in practice during his lifetime. Arnold Green had a large general practice. A personal episode in his practice came to a head when a newspaper of the city that became offended at him, continued to publish his name as "a Green." He sued, recovered a large judgment, was successful in all the courts including the Supreme Court and the judgment was paid. His widow, Mrs. Virginia Green, is the present efficient member of the school board of the city. George T. Chapman, aside from the practice of his profession, was a member of the State Senate in the Sixty-fifth General Assembly.
Previous to the organization of the County of Cuyahoga but after its erection, the judges of the Common Pleas here were Nathan Perry, Augustus Gilbert, and Timothy Doane. The judges after the county was organized with Cleveland as the county seat and up to the time when the new constitution was adopted, were Elias Lee, Erastus Miles, John H. Strong, Thomas Cord, Willoughby, Samuel Williamson, Isaac M. Morgan, Nehemiah Allen, Willoughby, Watrous Usher, Reuben Wood, a president judge, Simeon Fuller, Willoughby, Josiah Barber, Frederick Whittlesey, Asher M. Coe, Daniel Warren, Benjamin Northrop, John W. Willey, a president judge, Joseph Hayward, Thomas M. Kelley, Quin- tus F. Atkins, and Samuel Starkweather. The three residents of Wil- loughby are included as that territory was then a part of Cuyahoga County, and the court held in Cleveland.
These were appointed by the Legislature. The first ten elected judges were Horace Foote, Thomas Bolton, Jesse P. Bishop, James M. Coffinbury, Samuel B. Prentiss, Robert F. Paine, Darius Cadwell, Gershom M. Barber, James M. Jones, and E. T. Hamilton. If any doubt had arisen in the minds of those who framed the Constitution of 1851 as to the wisdom of an elective judiciary, and if all the counties of the state had been as fortunate in their selection as Cuyahoga, at the start, that doubt must have been removed. Although "elected" judges, dependent upon the votes of their constituency for continuance in office, we know that all of
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them would measure up to the requirements of Plato, in that they rendered judgments with strict regard to law. Judge Prentiss in his day, Judge Hamilton in his, by their consideration for the rights of all who came before them, by their quiet dignity, by their patience and devotion to duty, by their kindness, and with their classic features, reflecting always the qualities that go to make up an ideal judge, were easily the deans of the bench in their time. Judge Prentiss came from a family of lawyers. His father was judge of the Supreme Court of Vermont, in which state Samuel B. was born. The father also served as United States senator and then served as United States judge. Samuel B. Prentiss came to Cleve- land in 1840 and practiced twenty-seven years as a lawyer and served fifteen years on the Common Pleas bench. Judge Hamilton was also a descendant of a New England family, but was born in this county. He served as a soldier in the Civil war, began his political career as a member of the city council, and was elected Common Pleas judge. His practice as a lawyer had not brought him into much prominence and it was only after service upon the bench that his eminent fitness for the position was demonstrated, and he was repeatedly reelected.
Thomas Bolton as a lawyer was known as one of learning, eloquence, and indomitable perseverance, and he struck sledge hammer blows. His specialty was running down dishonest debtors. Honest himself, he hated dishonesty in others. Horace Foote was a born lawyer. His whole heart was in the profession and as a judge he delighted in studying out the intricate problems that came to him. He was a fine judge. James M. Coffinbury, born in 1818 at Mansfield, Ohio, came to Cleveland in 1855. He was a member of the firm of Otis, Coffinbury and Nyman. He had only been in Cleveland six years when he was elected Common Pleas judge, and his service upon the bench was of a high order. James M. Jones was born in England but came to this country while a young child. He was a diligent student and an able jurist. He did not possess all the qualities that go to make up an ideal judge, lacking the quality of patience to some extent, but no one ever questioned his fairness or ability. Robert F. Paine came of ancestry that extended back to Robert Treat Paine, who signed the Declaration of Independence. Born in Con- necticut he found himself a boy in the wilds of Portage County, Ohio, in 1812, and his parents too poor to send him to school. He read law while a clerk at a cross roads store. In 1848 he was elected to the state senate, and he made his journey to the capital on horseback. Coming to Cleveland he engaged in the practice of law and was elected Common Pleas judge, retiring in 1874. He died in 1888. He was a typical pioneer. As a judge he cared little for personal appearance, often, and usually appearing in court minus a collar and tie, content to let his decisions and conduct of a trial maintain the dignity of the court. At one trial he made a ruling refusing to recognize "emotional insanity" as an element in a murder case. This decision was widely published and the judge received congratulations from all over the country, including one from James A. Garfield. The fact that Darius Caldwell studied law with Wade and Ranney is a sufficient guarantee that he was qualified to be classed with the judges we have named. He was born in Ashtabula County, came to Cleveland and was elected to the Common Pleas bench. Gershom M. Barber was an educator and a lawyer. He was born in New York but came west and while a young man was principal of Baldwin Institute at Berea. After serving in the Union Army in the Civil war he practiced law, was appointed judge of the Superior Court and elected judge of the Common Pleas. Of Jesse P. Bishop we have spoken earlier in this chapter.
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The first sitting of the Court of Common Pleas was held in June, 1810, when Cleveland had a population of only fifty-seven persons. It was an imposing tribunal, the judges, Nathan Perry, Sr., Augustus Gil- bert, and Timothy Doane, sitting together on the trial. The suit was for the recovery of seventy dollars, being the value of 1,100 whitefish which the defendant had "found" and appropriated to his own use, but which the plaintiff claimed belonged to himself. Alfred Kelley was attorney for the defendant. The first jury trial was similar, being a fish case. In this case the plaintiff sued for the recovery of money he had paid for eight barrels of whitefish which proved to be damaged. History has preserved the names of this first jury. They were James Root, Robert Carr, Luther Dille, William Austin, Mason Clark, Christopher Gunn, James Jackson, Dyer Shuman, Simon Smith, Daniel Kellogg, James Warden, and John Brooks.
These cases are mentioned merely as being the first, and not from any other importance attached to them, but the courts of justice are open to all and in these later days similar cases are heard and decided. In the '80s a case was heard before Judge Heisley that involved the price of a load of cornstalks. It came on appeal from a justice court. Several trials had been held and when finally decided the witness fees amounted to some $1,500. The plaintiff probably fought along the lines of the boy who appeared bloody and muddy and with blackened eyes, and when asked what he had been fighting about said, the other boy had said his sister was not such a girl as she ought to be. "But," said a bystander, "is your sister that kind of a girl?" "Oh," said the boy, "I haven't any sister ; it was the principle of the thing I was fighting for."
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