USA > Ohio > Cuyahoga County > Cleveland > A history of Cuyahoga County and the City of Cleveland, (Vol. 1) > Part 60
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It will be interesting to speak in brief of more of those who have graced the bench and bar of Cleveland. Not all have been a credit, it is true, but the percentage of those whom we would not place in the honor list is small, notwithstanding the popular flings of the stage comedian. We quote : "To say that the legal profession is not honest because by chance there may be found in it unworthy men, who for pieces of silver will make haste to betray their oath-bound trusts, would be a libel upon the highest of professions and the best of men. We might as well say evil things of the great apostles of Christianity because there was found among them a single Judas to betray not only his profession but the confi- dence and life on earth of the living God. But Judas had sense enough to hang himself while the evil lawyer may live to continue to deceive."
Judge Samuel Cowles was a graduate of Williams College and was admitted to the bar at Hartford, Connecticut, came to Cleveland in 1820, was a partner of Alfred Kelley, and was later judge. It was said of Moses Kelley of the firm of Bolton and Kelley that next to Hiram Willson he was the ablest office lawyer among the early practitioners. Samuel Starkweather was a man of great learning. He had a wonderful memory and could quote book and page. As counselor and judge he held a high place. John W. Willey was an exceedingly well-read lawyer and a pleasing and eloquent advocate. The oratory of Franklyn T. Backus was of the type of Webster, massive and profound. Bushnell White was a fluent debater. His oratory was of the Henry Clay and Patrick Henry type. Hiram V. Willson won hearts by his uniform kindness and courtesy. He was noted for his clear and impartial judgment. Joseph Adams was considered the best read lawyer and finest pleader at the bar. He had a large criminal practice. His great success lay in part in the careful preparation of his cases for trial. Like Judge Hamilton and others we could name his chief outdoor sport was hunting. Charles Stetson obtained a great reputation as a special pleader. His pleadings
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were iron clad against all demurrers. Daniel Parish practiced in all the courts from the justice courts up. Regardless of the importance of the case he insisted upon and did consume much time. Ellery G. Williams was full of fire and energy. Outside of his law practice, land and stock speculations and business involving risk were adapted to his temper. George W. Lynde, without any especial individuality, had a large and lucrative practice. Seth T. Hurd was impressed with the idea that the mantle of Demosthenes had fallen upon his shoulders, and the sound of his voice could be heard outside of the court room, but his vanity was forgotten in his great good nature. Samuel E. Adams delighted in the complications and intricacies of the law. He was much in demand as the "orator of the day." As prosecuting attorney he was a terror to evildoers. The mind of James K. Hitchcock ran to speculative ventures rather than to the fiery ordeals of the legal forum. He left Cleveland at an early day.
The legal fraternity is and has been so much a part of the adminis- tration of public affairs, so much a part of Cleveland's upbuilding, so much in the limelight, that we are constrained to continue the mention of some of its luminaries. John Erwin was genial to a fault. He was a model of the true gentleman. James A. Briggs was versatile to a marked degree. He was the orator, scholar, and lawyer combined, and versatile in each attribute. Whether delivering a Fourth of July oration, a lecture before an ecclesiastical body on Christian duty, a political stump speech, or a plea in court, he was always interesting. John Barr was unobtrusive, quiet in deportment with an even temper which was never put out of balance. He was a pattern of harmony in human relationship. We have mentioned Reuben Wood, who was dignified in deportment but approachable to his humblest friends. H. H. Dodge and Jabez W. Fitch did not devote their principal energies to the law. Both had well balanced minds, the one giving time to general business and the other to political and military life.
At least three of the members of the Cleveland bar, past and present, studied medicine before taking up the law. J. E. Ingersoll graduated at the Cleveland Medical College and was admitted to the bar; in 1855 he served as a physician in the Civil war and after its close practiced law and later served on the Common Pleas bench. As a lawyer he was par- ticularly successful in personal injury cases involving a knowledge of medical practice. He was a natural advocate and it is related of him that in the trial of a case where the attorney for one of the parties was not very capable and was neglecting to insist upon applying the rules of evidence as he should, the judge when a question was asked by the opposing counsel said: "I object." This was quite unusual, but Judge Ingersoll, who was the judge in the trial, was so disturbed by the ineffi- ciency of counsel that he forgot himself. John J. Elwell graduated from the Cleveland Medical College and later was admitted to the bar. This was in 1854. After the war, in which he was promoted to a brigadier- general, he practiced law in Cleveland. Of a later date, Andrew Squire, who was born in Mantua, Portage County, Ohio, and who graduated at Hiram College in 1872, began his postgraduate studies at the Cleveland Medical College, but soon left the study of medicine for that of the law. He was admitted to the bar and entered the law office of Cadwell and Marvin. When Judge Cadwell was elected to the bench, Mr. Squire was taken into the partnership. Later Alphonso Hart, who had served as lieutenant governor, was taken into the firm and it read Marvin, Hart and Squire. Afterwards his firm was Estep and Squire, then Estep,
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Dickey and Squire, and for many years and at the present time it reads Squire, Sanders and Dempsey.
This firm with Mr. Squire at its head for many years has been one of the leading, if. not the leading law firm of the city. Mr. Squire has not been known as an orator, he has never aspired to public office, has never cared for the limelight of publicity, but in length of service at the bar, in the esteem in which he is held by the community, few men of the legal fraternity of Cleveland have surpassed him. On the eighth of January, 1924, a banquet was held at the Hotel Winton in honor of his fiftieth anniversary as a member of the Cleveland bar. Practically every leading member of the bar was present and the occasion was one to record in history. This dinner was under the auspices of the Cleveland Bar Association. Judge John J. Sullivan, of the Court of Appeals, president of the association, presided, and Homer H. McKeehan of the bar association presented Mr. Squire with an appropriate souvenir of the occasion. Judge William B. Sanders, of this firm, was born in Cleveland and graduated at Illinois College, Jacksonville, in 1873. Two years later he received a degree from the Albany Law School in New York State and was admitted to the bar. In the fall of that year he came to Cleveland and entered into the practice of law with Stevenson Burke. This partnership became Burke, Ingersoll and Saunders. He was appointed judge of the Common Pleas Court by Governor Foraker in 1888, and at the expiration of his appointive term he was nominated without opposition and elected to the same position. This he held until 1890, when he resigned to enter the present firm of Squire, Sanders and Dempsey. Probably no member of the bench of Cuyahoga County was ever his equal in the dispatch of business in the equity room of the courts. His comprehension of the issues were drawn so quickly from a seeming glance at the pleadings that he disposed of a heavy motion and demurrer docket with a rapidity that was most unusual, and his decisions were rarely reversed. Ever courteous and obliging, with a quiet dignity which seemed to pervade the court room, he was greatly missed and much regret was felt when he left the bench to enter the more remunerative field of his law practice. The late James Dempsey, whose name is still retained in the firm nomenclature, was an able second to the two whose names preceded his in the business title of the firm. There are many other able lawyers connected with this great firm, the most prominent being W. C. Boyle, whose years as a trial lawyer have taken him into the court room representing many of the largest and most powerful business firms in the city and country.
John G. White, like Judge Sanders, is a native of Cleveland and a rep- resentative of the best in the legal fraternity. He graduated at Western Reserve College, studied law and was admitted to the bar. Although advanced in years, he is still in active practice, serving at the same time as president of the board of the Cleveland Public Library. He presided at the laying of the cornerstone of the new library building, now in process of construction, when Lloyd George, former prime minister of England, delivered an address. Mr. White has never served on the bench, but for many years he was the unofficial adviser of the younger and newer acces- sions to the same, being often consulted about knotty problems. His first law firm was Mix, Noble & White. When the senior member of the firm, Conway W. Noble, was elected common pleas judge, the name dropped to Mix & White. Mr. White is now practicing alone. Another of the early practicing lawyers now living is William S. Kerruish, who was born in Warrensville in this county in 1831, being now ninety-three years old. His early education was acquired at the Twinsburgh Institute, but he grad-
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uated at Yale College in 1855. He studied law in the office of Ranney, Backus & Noble, in Cleveland, and was admitted to the bar in 1859. He has had unusual success in winning cases and was especially successful in jury trials. He was sometimes dubbed the thirteenth juryman, for he would argue a case as if to convince himself, and when that was done he usually brought the other twelve over. He still calls at the law office of Kerruish & Kerruish, which is in charge of his son Sheldon, also a prac- ticing lawyer for many years.
We must mention Moses R. Dickey, who was admitted to the bar between service in two wars. He was born in Mansfield, Ohio, in 1827, was a soldier in the Mexican war, was admitted to the bar in 1856, and when the Civil war broke out he went into the service as a captain and came out as a colonel. He was elected common pleas judge of Richland County and his title of colonel was lost in that of judge. He came to Cleveland in 1882 and became a member of the firm of Estep, Dickey, Carr & Goff. E. J. Estep, W. F. Carr and Fred Goff of this firm were able lawyers, of which no member is now living. Mr. Goff, who recently died, had been for many years prominent in financial circles and of him we will speak later. Another firm now living only in remembrance was that of Foran & Dawley. Martin A. Foran was born in Pennsylvania and spent the first sixteen years of his life on the farm. He was a soldier in the Civil war, came to Cleveland after being admitted to the bar and engaged in the prac- tice of law. He was three times elected to Congress, defeating in turn, S. T. Everett, C. C. Burnett and Amos Townsend. Elected to the com- mon pleas bench, he made an enviable record and was serving as judge at the time of his death. Jay P. Dawley was born in Ravenna, Ohio, and was admitted to the bar in 1872. Coming to Cleveland, he formed a partnership with S. M. Stone, who a few years after removed to New York, when the firm of Foran & Dawley was formed. Like Judge Foran, his partner, Mr. Dawley was a Union soldier. As a lawyer he was able and quick on the trigger. He was resourceful in breaking the force of evidence dam- aging to his client's case. He was engaged in the trial of many important cases, civil and criminal. Into the office of this firm came a young and unknown lawyer, who was destined to make his mark and become a com- manding figure in the community, as a lawyer, orator, magistrate and states- man, Newton D. Baker.
Virgil P. Kline, born in 1844, a graduate of Williams College, after being admitted to the bar, formed a partnership with Albert T. Slade. In 1876 it was Kline & Henderson, Mr. Slade serving as prosecuting attorney of the county. For a long period one of the leading firms of the city was Kline, Carr, Tolles & Goff. One member is now living, Mr. Tolles, at the head of the firm of Tolles, Hogsett, Ginn & Morley. Mr. Kline was a pol- ished orator, a good lawyer, and a masterly advocate. In the early days of his practice he would often appear before the Justice Court out in the town- ships, try a small case as a sort of recreation, and the next day be repre- senting a large corporation in the courts of Cleveland. He was much in demand on the lecture platform, never held a judicial position but was nom- inated by his party or judge of the Supreme Court on the unlucky year. Amos Denison was born in Parma and admitted to the bar in 1872. Wyman, Hamilton & Denison was succeeded by Tyler & Denison when Judge Hamilton took office. Sherwood & Denison existed as a firm until Judge Sherwood took his place on the bench.
F. J. Dickman was born in Virginia and admitted to the bar in 1857. He came to Cleveland in 1858. He was appointed judge of the Supreme Court by Governor Foraker and on the expiration of his appointive term was elected. He immediately after coming to Cleveland took high place
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in the profession, and ranks as one of the strong members of the early bar of the city. W. W. Boynton, another member of the Cleveland bar, who served as a judge of the Supreme Court, deserves to stand beside Judge Dickman in estimating the strength of the Cleveland lawyers of that day. John C. Hale, a partner of Judge Boynton, was born in New Hampshire and graduated at Dartmouth, and came to Cleveland in 1857. He taught in the Cleveland schools for three years, studied law with Judge Prentiss, removed to Lorain County and was there elected judge of the Common Pleas Court. Coming again to Cleveland, the firm of Boynton & Hale was formed and broken when Judge Hale was elected to the Circuit Court bench. James D. Cleveland, born in New York, was admitted to practice in 1843. While associate editor of the Cleveland Plain Dealer he was elected judge of the Police Court. Henry C. Ranney, born in Portage County, Ohio, a nephew of Judge R. P. Ranney, of the firm of Ranney & Mckinney, A. J. Marvin, born on the Reserve, who came to Cleveland in 1861 and formed the firm of Marvin & Cook, are others who go to make up the. interesting list of the early bar.
There was E. Sowers from Huron County, who served as a colonel in the Civil war, and whose practice was largely in insurance matters and real estate; L. E. Holden, who practiced law for a while, but became chief owner and president of the Cleveland Plain Dealer; Theodore E. Burton, whose brilliant career as a lawyer was interrupted by his entrance into the field of statesmanship; Gen. M. D. Leggett, who came out of the army as a major general, bearing the highest rank of any Cleveland soldier, and whose practice was confined largely to patent law ; Edward S. Meyer, also a general in the Civil war, who served as United States District Attorney, appointed by President Garfield, and as director of law of the city, and G. E. Herrick, who came to Cleveland in 1852, and later was engaged in practice with Col. J. F. Herrick, a gallant soldier and attractive and con- vincing orator.
James H. Rhodes was a member of the Cleveland bar. He roomed with Garfield while teaching at Hiram, and was at one time the editor of the Cleveland Leader. Seneca O. Griswold, a New Englander, was a leading light in the legal profession. He obtained the soubriquet of "Old Sog" from the initials of his name. He was profound and serious and of stocky build. He was born in Winsor, Connecticut, in 1823, came West and was educated at Oberlin College. He studied law in the office of Bolton & Kelley, was admitted to the bar in 1847, formed a partnership with John C. Grannis the next year, and afterwards entered the firm of Bolton & Kelley. When Bolton was elected to the bench in 1856 the firm became Kelley & Griswold. Mr. Griswold was elected to the Legislature in 1861, and as judge of the Superior Court in 1873. He was one of the founders of the Cleveland Law Library. He delivered an address at the centennial celebration in Cleveland July 4, 1876, which was highly praised. In the last years of his life he went back to Winsor, his birthplace, and served as a magistrate there. We can not refrain from giving an incident of the court room in which he played a part. Judge Hamilton was rendering a decision in court room "one" and Judge Griswold, an attorney in the case, with chair tilted before the bench, was absorbed in the reading. Judge Hamilton found for him on one issue, on another, and then on another, but finally on an issue upon which the case practically hinged found against him. At this sudden turn of affairs, Judge Griswold, with an exclamation not recorded, fell over backward in his chair and it was some time before he recovered from the jar and was himself again. This was referred to about the courthouse as a knockout decision. A referee could easily have counted ten before the judge got on his feet.
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John Crowell was born in Connecticut in 1801, came to Jefferson, Ohio, where he attended school, studied law in Warren and was admitted to the bar in 1827, practiced law there, elected to the State Senate in 1840, elected to Congress in 1846, reelected, came to Cleveland in 1852, and resumed the practice of law. His father was a lawyer before him and he inherited a natural interest in the principles of his great profession. He was editor of the Western Law Monthly and president of the Ohio State and Union Law colleges. D. W. Cross, born in New York State in 1814, was appointed deputy collector of customs at Cleveland. He was admitted to the bar and formed a partnership with Robert Parks in 1844. Like many lawyers of that day he soon became a part of the business life of the growing city. He associated himself with H. B. Payne in the coal business under the firm name of Cross, Payne & Company. Pioneer life appealed to him, as he was a great nimrod. We have referred to Judge James M. Coffinbury, who was born in Mansfield, Ohio, in 1818, whose father, admitted to the bar in 1813, practiced law in several counties, was a circuit lawyer, making his trips on horseback, Andrew Coffinbury. In his many long and solitary trips through the woods he composed poetry, which fact is retained but probably little of the verses. James M. was admitted to the bar in 1841, was editor of the Findlay Herald, came to Cleveland in 1855 and was elected judge of the Common Pleas Court and served five years, beginning in 1861. His charge to the jury in the case of Dr. John W. Hughes for the murder of Tamzen Parsons in Bedford, which trial occurred in 1865, was commended by the press as the ablest ever delivered in Cleveland.
A. T. Brewer, whose firm of Brewer, Cook & McGowan, represented at one time nearly all of the insurance companies of the city ; E. J. Estep, of Estep, Dickey & Squire; Frank Wing, who served as judge of the United States Court; William Robison, born in New York, who was prosecuting attorney in 1873; Frank H. Kelley, who was president of the city council, and was police judge in 1887; James Lawrence, graduate of Kenyon Col- lege, who was president of the board of aldermen of the city, and later a very able judge of the Court of Common Pleas ; L. A. Russell, who studied law with Robert F. Paine, and formed a partnership with William L. Rice, Russell, the brilliant, eccentric genius; George A. Groot, who aspired to the judgeship but was not successful; E. H. Eggleston, who came from Portage County ; W. C. McFarland, who came in 1862, and was a member of the General Assembly of Ohio; Charles D. Everett, of the firm of Everett, Dellenbaugh & Weed, who was president of the city council; J. H. Webster, still giving some of his time to the law ; August Zehring and Marco B. Gary, both of whom held Government positions in the city ; E. K. Wilcox; Joseph T. Logue, who was judge of the Police Court and then of the Common Pleas; E. J. Blandin, who was judge of the Common Pleas, and many others that we could name, as the list seems almost inex- haustible, have added luster to the early bar of the city and called forth this tribute penned some years ago :
"The Cleveland bar is not surpassed by that of any other city of like population, for its many instances of profound legal learning and admirable forensic ability, supplemented and graced by those accomplishments which come of the learning of the schools, of history, and literature, and keep pace with the progress of the world in the researches and developments of the sciences, and the best philosophical thought of modern times. The bench is inseparable from the bar and must be considered as such and included herein."
The Constitution of the United States provides for a Supreme Court and such other inferior courts as Congress, from time to time, may ordain and establish. The Ordinance of 1787 for the government of the North-
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west Territory (the territory of the United States northwest of the Ohio River ) provided for a court of three judges, who should have common law jurisdiction and reside in the territory. The Constitution of Ohio, ratified in 1802 and operative in 1803 when the state was admitted into the Union, provided for a Supreme Court of three members, and Common Pleas courts as follows: The state was divided into three circuits with a "president" judge for each and associate judges in the various counties, these to be elected by the Legislature. It also provided for a competent number of
SHERLOCK J. ANDREWS
justices of the peace to be elected in each township. No authority was given for the establishment of other courts. In the Constitution of 1851, oper- ative in 1852, the judges were made elective by the people and the Legis- lature was given authority to establish such other courts, inferior to the Supreme Court, "as the General Assembly may from time to time estab- lish."
The first Constitution of the state made no provision for the establishing of courts by the Legislature. In the legislative session of 1837-38 the Superior Court was established in Cincinnati, and in the session of 1847-48 the Superior Court of Cleveland with Sherlock J. Andrews as its judge. There was also a Commercial Court established in Cincinnati. Although local courts they were of doubtful constitutionality.
Of Sherlock J. Andrews, who was judge of the first Superior Court, much may be added. He was the acknowledged head of the bar in his day.
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He had a marvelous, magnetic influence over juries. He was given to sharp emotional appeals coupled with classic imagery. He made telling climaxes in enforcing upon the minds of his auditors the strong points of his case. In this he had no superior in Ohio. His deportment was gentlemanly and courteous, especially to the younger members of the bar. He was true to his clients but never attempted to win a doubtful case at the expense of his honor. He boiled over with fun and sparkling wit. This picture of him we find in the old annals.
Under the new constitution, which provided for Circuit courts as inter- mediate between the Common Pleas and Supreme courts, none were estab- lished in Cleveland until 1884. This superseded the District Court. Charles C. Baldwin, as we have said was the first Cleveland member. He was followed by H. J. Caldwell. As the city increased in population Cleveland was given a larger representation on this bench, Judge John C. Hale, Judge U. L. Marvin, of Summit County, afterwards a member of the Cleveland bar, Judge Louis H. Winch, author of a text-book on court journal entries, now in active practice, Judge Thomas S. Dunlap, now in active practice, Judge A. G. Carpenter, who died in office, and Judge Alvin F. Ingersoll, who also died while judge of that court, were members of the Cleveland bar. Now called the Court of Appeals, the judges are Willis Vickery. Deav of the Cleveland Law School, who was promoted from the Common Pleas bench, John J. Sullivan, appointed by Gov. Harry L. Davis, and later elected without opposition, and Emanuel Levine, appointed by Governor Davis, compose the bench of this court. All of these judges are men of ability and integrity and reflect much credit on the bench and bar of Cleveland. We have neglected to mention two of the judges of this court, who served with distinguished ability and resigned to resume the more lucrative practice at the bar, Judge Walter D. Meals and Judge Fred- erick A. Henry. Judge Albert Lawrence, who served by appointment on the Court of Appeals bench and who died quite recently, was a lawyer of prominence and a judge of ability.
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