USA > Ohio > Cuyahoga County > Cleveland > A history of Cuyahoga County and the City of Cleveland, (Vol. 1) > Part 62
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Of the present judge of the District Court, the Cleveland member, Judge D. C. Westenhaver, we have spoken. The present clerk is B. C. Miller, and the chief deputy, Fred J. Denzler, both of whom have given long and faithful service. Carl D. Friebolin is referee in bankruptcy.
The Common Pleas Court has now twelve judges and there are sixteen judges on the bench of the Municipal Court. Of the judges that have served on the Common Pleas bench in recent years many have served for long periods, thus indicating that the elective system has not prevented the retain- ing of able and conscientious men in that position. Some have resigned whose tenure of position would no doubt have been good for many years had they chosen to remain. The present judges are Homer G. Powell, Presiding Judge, Thomas M. Kennedy, who served for several terms as judge of the Police Court before being elected to the Common Pleas bench, and who has the distinction of being the only man, elected over an opponent, who carried every precinct in the county. James B. Ruhl, Daniel B. Cull, Walter McMahon, Alvin J. Pearson, George P. Baehr, Frank C. Phillips, son of Judge George L. Phillips, who preceded him on the bench and whose long and creditable career gave him the title, in its closing years, of "Dean" of the Common Pleas bench, Samuel E. Kramer, Maurice Bernon, Adrian G. Newcomb and Frederick P. Walther.
Judge W. B. Neff, who died in 1923 having served but two years of his last elective term, was a native of Prebel County, Ohio, educated at Ohio Wesleyan University and the Cincinnati Law School, and was admitted to the bar in 1876. Was county prosecuting attorney before being elected to the Common Pleas bench. He served as judge nearly a quarter of a century. Shortly before his death he published a volume entitled "The Bench and Bar of Northern Ohio." He had a rare command of language and was credited with using the largest vocabulary of any man at the bar. Clucus W. Collister was an able judge, whose service at the bar and in the office of the prosecuting attorney gave him the prominence that gained him a place on the bench. William A. Babcock, who had the judgment and ability and legal knowledge of an ideal judge, Theodore L. Strimple, who graduated from the office of prosecuting attorney, Madison W. Beacom, careful and considerate, James Lawrence, of whom we have spoken, George H. Schwam, of good legal mind and from good family stock, Henry B. Chapman, whose ability as a judge was demonstrated, who after leaving the bench practiced law with Hon. Paul Howland until his death, Harvey R. Keeler, who came to the bench after serving as prosecuting attorney, Frederick L. Taft, and J. M. Shallenberger, who served by appointment, the former until his death a member of the firm of Smith, Taft and Arter, and the latter having served as district judge in the Philippines, George B. Solders, able and fearless, Chas. J. Estep, and S. S. Ford, who were a credit to the bench, T. K. Dissette, who left the ministry for the law, an orator of note and a creditable judge, Alfred W. Lamson and Gershomm Barber of the earlier judges, and Conway W. Noble and Henry Mckinney, also of an earlier date, Walter C. Ong, and Frank E. Dellenbough, the latter having dropped away from Plato's standard and in endeavoring to "gratify a friend" fell from grace and was disbarred by the Circuit Court while serv- ing as a Judge of the Common Pleas, are names that come to mind in vivid remembrance as we write of the bench and bar of Cleveland.
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Two of the earlier judges that have not been mentioned were John C. Hutchins and E. J. Blandin. Both of these would deserve a prominent place in any history of the bench and bar of Cleveland. Judge Hutchins, one of the founders of the Cleveland Bar Association, and a present member after fifty years of activity, Judge Blandin, one of the originators and pro- moters of the Federal plan of city government, who engaged in a joint debate with Hon. Theodore E. Burton, which brought out a large meeting in a congressional campaign, and added to the fame of both contestants.
Two members of the Cleveland bar have served as members of the President's cabinet at Washington. James R. Garfield, son of President Garfield, who was a member of President Roosevelt's cabinet, and Newton D. Baker, who served as Secretary of War under President Wilson.
The office of justice of the peace in the Township of Cleveland was abolished when the Municipal Court was established. The justices of Cleveland Township were usually members of the bar. Among them were John Brown, Wm. J. Hart, Robert T. Morrow, Edward H. Bohm, Levi F. Bauder, Frederick M. Nellis, John P. Green, and Thomas E. Greene, the last named now serving on the bench of the Municipal Court.
This court has now grown with the increase of the city until there are now sixteen judges. John P. Dempsey is chief justice. The other judges are William B. Beebe, Thomas E. Greene, David Moylan, Samuel H. Sil- bert, Charles L. Selzer, Alva R. Corlett, F. L. Stevens, Joseph F. Sawicki, Virgil J. Terrell, Stanley L. Orr, Lee E. Skeel, Mary B. Grossman, Oscar C. Bell, Martin L. Sweeney, and Bradley Hull. Peter J. Henry is clerk, and Martin Thumm, bailiff, which latter office corresponds to that of sheriff in the Common Pleas Court. A former chief justice of this court, whose record as a judge was good, while holding a position as judge was tried for murder growing out of an escapade connected with the night life of the city. He was acquitted of this charge but was immediately indicted and tried for perjury in connection with the murder trial. He was convicted and is now serving a sentence in the penitentiary. This judge was William H. McGannon. It is not pleasant to record this fact connected with the history of this court except to note that the prosecution was aided by the Cleveland Bar Association thus showing that the members of the Cleveland bar are active in condemning malfeasance among its members and are intent upon maintaining a high standard, and desire to show the community that neither place, position nor power, can shield wrong doing.
The bar of Cleveland has grown from one lawyer at the beginning of the nineteenth century, Samuel Huntington, to 500 in the '70s, 800 in the '80s, and a little fewer than 2,000 at the present time. Of this great number mention has been made largely of those who have held and are holding judicial positions. Even if we should extend this chapter beyond a reason- able limit some would be omitted who deserve mention. We can only touch here and there in a brief final summary. William H. Boyd, of the firm of Boyd, Cannon, Brooks and Wickham, whose high position at the bar is due to a successful career, that no judicial position could enhance, and who came to Cleveland to make his start, Harry Payor, of the firm of Payor, Winch, Karsh and Minshall, who served in a public way by acting as assistant to Law Director Newton D. Baker, and who has achieved success by the careful preparation of his cases and a rare genius for pre- senting them to the court and jury, Paul Howland of the original firm of Chapman and Howland, who after serving several terms in Congress, has hy preference devoted himself to the law, declining flattering offers out- side of its domain, J. H. Hogsett, of the firm of Tolles, Hogsett, Ginn and Morley, who is eminently fitted for the bench but has never sought ยท a place thereon, and the other members of the firm of whom the same could be said, L. J. Grossman, who has represented in the courts of Cleve-
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land a multitude of leading business firms of New York City, and whose firm is Grossman and Grossman, Joe G. Fogg, and William L. David, well grounded in the law, able and safe as counselors and advocates, Judge Pierre White, who resigned from the Municipal Court bench, and John A. Cline, who served the county as prosecuting attorney, whose arguments are rapier thrusts, Frank N. Wilcox, of kindly memory, whose life was devoted to the law, his family and friends, and who refused a place on the bench, Owen N. Wilcox, a son, whose practice is now confined to pre- paring briefs for the reviewing courts, John Fackler, the fearless, George B. Harris, always interesting, who served as president of the State Bar Association, former Lieut .- Gov. Francis W. Treadway, of the firm of Treadway and Marlatt, who exemplifies in his life high ideals, are some of those who come to mind as we write.
It will be noticed that in our discussion of the bench and bar of Cleveland thus far, no mention has been made of the part played by women. Their participation in the legal profession, to any marked degree, has been quite recent. In Mrs. W. A. Ingham's interesting work on "The Women of Cleveland," published in 1893, she only mentions one woman lawyer. The first woman to be admitted to the bar in Cleveland was Miss Gabrielle Stewart, the daughter of Mr. and Mrs. N. Coe Stewart. Miss Stewart was a talented and interesting and versatile young lady but did not engage in actual law practice. Mary Spargo Fraser is the woman men- tioned in Mrs. Ingham's book. She practiced in the courts for many years practically alone so far as her sex was concerned. Mrs. Ingham says of her, in a paragraph, this much: "Mary S. Fraser, a lawyer, works con- stantly to forward the day when women shall have the franchise." That dav has come and with it the participation of women in public affairs to a constantly increasing extent and in the legal profession in the same ratio. The Cleveland directory gives the names of seventeen women lawyers engaged in the practice of law at the present time. More than that, they are represented on the bench, and so far as Cleveland is concerned the new order is found to be of benefit. Mrs. Marie G. Galleher gives her attention largely to specializing as a consultant in domestic relations. There is a law firm composed of women under the title of Marco and Marco. The mem- bers are Helen M. Marco and Marguerite Marco. The most conspicuous woman member of the Cleveland bar is Judge Florence Allen. Miss Allen had served for some years as an assistant in the office of the prosecuting at- torney of the county and had there shown marked ability. At the first elec- tion under the new franchise amendment to the Constitution she became a candidate for judge of the Court of Common Pleas and was elected by a very large majority. It is no idle compliment to say that she at once took high rank and that the administration of justice in the city and county was greatly improved by her presence on the bench. After serving as judge of the Common Pleas long enough to demonstrate her ability she was elected and is now serving as judge of the Supreme Court of the State of Ohio.
At the same election, (1923), Miss Mary B. Grossman was elected judge of the Municipal Court of Cleveland. Miss Grossman was elected after practicing in the Municipal, State and United States courts. Another con- spicuous member of the Cleveland bar is Miss Irene Nungesser for whom many predict a brilliant future. Miss Nungesser is assistant United States District Attorney. Another should be mentioned in this connection, Miss Eva L. Jaffa, Assistant County Prosecuting Attorney, who is not a figure head in the office but actively engaged in the trial of cases. This field of the law so recently invaded by women will no doubt find their numbers increased from year to year. There are from twenty to twenty-five women students in the Cleveland Law School alone and no doubt the numbers in other schools are in the same proportion.
CHAPTER XXXI
CLEVELAND'S PHYSICIANS AND SURGEONS, MEDICAL COLLEGES, CLINICS AND HOSPITALS
"This is the way physicians mend or end us, Secundum artem, but although we sneer In health, when ill we call them to attend us, Without the least propensity to jeer." -Byron.
As we have said, Cleveland had a United States senator before it had a doctor. Dr. David Long was the first physician to locate in Cleveland. He was born in Washington County, New York, in 1787 and came to Cleveland in 1810 at the age of twenty-three. At this time he was the only doctor in Cuyahoga County. His arrival was hailed with joy because Cleveland was a very unhealthy neighborhood and the little settlement was suffering from fever and ague, and typhus fever, and other maladies of a kindred nature. Doctor Long was a successful practitioner, a typical pioneer, and became prominent in the civic life of the community. His visits were made on horseback over a wide extent of territory, by day and by night, through the forests of the Western reserve. When on a visit to a patient at Black River he learned of Hull's surrender of Detroit and he rode to Cleveland, twenty-eight miles, in two hours and a quarter to notify the people. To appreciate this feat a knowledge of the condition of the forest roads is essential. He was in continuous medical practice for thirty years. He was elected county commissioner when the contest between Newburgh and Cleveland for the selection of the county seat was on, as we have related, and his election settled the contest in favor of Cleveland. He served as a surgeon in the army in the War of 1812 and won a lasting fame and at his death left an honored memory. He died in 1851 at the age of sixty-four.
An early physician who won a high reputation as a practitioner and a citizen was Dr. Edwin W. Cowles, who came to Cleveland in 1832. On the year of his arrival an incident that tested the mettle of the young doctor occurred. A boat called the "Henry Clay" arrived at the dock at the foot of Superior Street, from Detroit. As was usual on such occasions a large crowd collected, for the arrival of a vessel was an "event" in the com- munity. The captain came on deck and announced to the people assembled that Asiatic cholera had broken out among passengers and crew and said : "For God's sake send a doctor aboard." He said there were several dead and many sick. The crowd scattered and a messenger hurried to the office of Doctor Cowles. The doctor responded quickly and ministered to the sick and dying. A meeting of the citizens was held and it was voted to order the boat away, only Doctor Cowles and Thomas P. May voting in the negative, and the Henry Clay was obliged to leave. Doctor Cowles volunteered, against the advice of many friends, who considered it sure death, to accompany the boat on its return. He entered the charnel ship and remained until everything possible was done to relieve the sick and the
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dying. He was a great abolitionist in the days when that was an unpopular postion, was the first member of the "Old Liberty Guard" of Cleveland, but died just before the abolition of slavery, which was the great desire of his heart. Doctor Cowles was the father of Edwin Cowles of Cleveland Leader fame.
One of the most famous of Cleveland's early physicians was Dr. Jared P. Kirtland, of whom we have spoken in the chapter on Rockport. He was an honor to any community. He was born at Wallingford, Connecticut, in 1795. At the age of fifteen he came to Ohio with his parents, who
DR. DAVID LONG
settled in Poland Township. His father was a general agent of the Con- necticut Land Company. The father early decided that his son should be a doctor and sent him to the famous medical school of Doctor Rush at Philadelphia to be educated. He came back to Poland, Mahoning County, and engaged in the practice of medicine. While engaged in the practice of his profession as a country physician he cultivated and acquired a taste for natural science and for twenty years was an eager student of animal and vegetable life. His researches were published under the patronage of the Boston Historical Society and he became a high authority in that depart- ment of science. In 1838 he was appointed to the department of natural history in connection with the geological survey organized by the State of Ohio. He first held a chair in the Ohio Medical College at Cincinnati and then held the same position in the Cleveland Medical College. Of his life after he bought a residence in Rockport and engaged in fruit culture we
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have spoken. He died in Rockport, December 10, 1877, at the age of eighty-four. The Kirtland Academy of Natural Science founded by him existed for many years in Cleveland.
Another physician of Cleveland became noted for his scientific re- searches, Dr. John H. Salisbury. He was of Welsh descent but was born in the State of New York. He graduated from the Albany Medical College in 1850. Like Doctor Kirtland he began the study of plant and animal life quite early and gave the benefit of his study to the public in printed articles. He became a member of many societies, including the American Association for the Advancement of Science, the Albany Insti- tute, the Natural History Society of Montreal, Canada, the Philosophical Society of Great Britain, the American Antiquarian Society, the Western Reserve Historical Society, of which he was vice president, and many others. He won the first prize for the best essay on the "Anatomy and History of Plants." His published articles were legion. He began the study of microscopic medicine as early as 1849 and in 1858 began the study of alimentation, diphtheria, intermittent and remittant fevers, measles and other studies involving the use of the microscope. He came to Cleveland in 1864 and assisted in founding the Charity Hospital Medical College, where he gave lectures. He was president of the Institute of Micrology, and was at one time in charge of the state laboratory of New York.
Dr. John P. Robinson came to Ohio in 1832 and to Cleveland in 1862. His grandfather, of Scotch descent, fought under Braddock in the disas- trous campaign before Fort Du Quesne, and throughout the Revolutionary war. Doctor Robinson graduated from the Vermont College of Medicine in 1831. In 1832 he began practice in Bedford, Ohio.
Dr. J. C. Sanders, among the early physicians, came naturally into the profession, as his father before him was a physician. He was born in Huron County. He graduated from the medical department of Western Reserve College under the teaching of Professors Kirtland, Dellamater, Ackley, Cassells, and St. John. He later studied in other schools. In 1856 he began practice in Cleveland, having an office on the Public Square. He was for twenty years a professor in the Cleveland Homeopathic College and was a contributor to medical journals.
Dr. Horace A. Ackley was said to be at the head of the medical pro- fession in Cleveland in his day, and was one of the foremost surgeons on the Western Reserve. He was eccentric and attracted a great deal of public notice. Mr. O. J. Hodge relates in his memoirs that when Dr. Proctor Thayer and another young doctor were arrested for stealing a body from Erie Street Cemetery, Ackley appeared in Police Court and assumed all responsibility. He said to the court that the thing to do was to fine him and not the boys, for they did just what he told them to do; that the body was that of a pauper from the Poor House, that he had no friends and his body was justly forfeited for the benefit of the living. Mr. Hodge relates another story of Doctor Ackley regarding the man for whom he had set a limb, who objected to the fee of $10. All right, said the doctor, I will put it back where it was and it will not cost you anything. As the doctor seriously arranged for the second operation, the man, saying he would not have that done for $100, changed front and paid the bill.
Dr. Henry J. Herrick studied medicine in the office of Dr. M. L. Brooks. He was employed at the United States Marine Hospital before the Civil war. In 1862 he entered the army as assistant surgeon of the Seventh Ohio Volunteer Infantry. From 1865 to 1868 he occupied the chair of obstetrics and diseases of women and children in the medical department of the University of Wooster. Doctor Herrick was at one time the defendant in a malpractice case and was ably defended by Stevenson
Robison
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Burke. Dr. M. L. Brooks was the star witness. This case received much attention as it involved the reputation of a young school girl. Through the able defense of Judge Burke and the frank and lucid testimony of Doctor Brooks the case was won for the defendant. Doctor Herrick ranked as one of the leading physicians and surgeons of Cleveland.
Dr. William J. Scott, another prominent physician of Cleveland, was born in Culpeper County, Virginia, in 1822, and came to Ohio with his parents in 1830. He worked on a farm until twenty-one, studied medicine at Cleveland Medical College and Starling Medical College, at Columbus, where he graduated in 1853. He practiced medicine in Franklin County, came to Cleveland and was connected with Charity Hospital Medical Col- lege, which after a time became the Medical Department of the University of Wooster. Doctor Scott stood high in the profession and in the com- munity as a citizen. His practice was never limited to good pay clients. Once when called to attend a charity patient, or one of doubtful pay, he was cautioned about going, being told that he would get nothing. His reply was that they needed his services in that family and that he was not working altogether for money, he wanted a big funeral when he died. He was much in demand as an expert witness in law suits involving medical knowledge, and cross examiners found him a hard problem. In a prom- inent suit he was under examination by an attorney, who was given to flourish and high sounding phrases. It had to do with a case of dropsy and its treatment. The lawyer, rising to his feet, said: "Now, Doctor, suppose an incision was made so and so, and a tube was inserted so and so," with other explanatory matter given in a high key, "now Doctor, what would you think of that operation ?" Having completed the question, he dropped into his seat as a dramatic climax. "I think it would let the water out," said the doctor in a quiet voice. Doctor Scott was connected with the Cleveland Medical College, and his picture adorns the walls of the office. He was a member of the Ohio State Medical Association, the American Medical Association, the American Pharmaceutical Society, the Franklin County Medical Association, was president of the Cleveland Academy of Medicine, the Cuyahoga County Medical Society, and the Ohio State Medical Society.
The Cleveland Medical College, now the Western Reserve School of Medicine, was organized in 1843 and began with sixty-seven students. It became the Medical Department of Western Reserve College by vote of the trustees in 1844. At first it occupied rented quarters. The faculty subscribed and borrowed money after a time and built at Erie (East Ninth ) and St. Clair streets. The total cost of the building was, with the equip- ment, $15,000. The present building on the same site was the gift of Mr. John L. Woods, a successful lumber dealer of the city, and his statue now adorns the reception hall of the building. The cost was $240,000 and when built was one of the finest medical school buildings in the country. It was dedicated March 8, 1887. The first woman graduate was Dr. Nancy Clark, who graduated in 1852, and who was one of the first women to enter the medical profession in the country. Five more women graduated in 1854 and 1856 and no more women were received as students until 1879. This is now the only medical college in the city. Since its organ- ization, including the schools of which it is the successor, it has graduated over 4,000 students. These figures are given from a brief outline of the activities of the school by F. C. Waite.
The school is supported by endowment and special contributions, and the income from tuition and fees, which latter only cover 20 per cent of the current budget. The endowment of the school is now some $2,000,000.
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The Perry-Payne family, J. L. Woods and H. M. Hanna are mentioned in the annual catalogue as liberal donors.
The catalogue also states that in February, 1922, Mr. Samuel Mather undertook to provide, personally, the funds for the erection of the buildings of the New Medical School, the cost of which has been estimated at $2,500,000. These are situated on the combined school and hospital site of about twenty acres, adjacent to the present University Campus. The work is under way and will be completed by the time this history is printed. Mr. Samuel Mather holds, and is deserving of, the title of "The First Cit- izen of Cleveland."
On the walls of the present Medical School Building office are oil paint- ings of the following men, which include many of the prominent physicians and surgeons identified with the history of medicine and surgery in Cleve- land. These include Drs. Jared P. Kirtland, John Henry Lowman, Jacob James Delamater, John L. Cassells, Henry Swift Upson, John Dela- mater, Henry Kirk Cushing, Samuel St. John, Horace A. Ackley, Proctor Thayer, John Bennett, Isaac N. Hines, Edward Fitch Cushing, Henry Justus Herrick, Jacob Laisy, Charles B. Parker, Dudley P. Allen, Wil- liam J. Scott, Gustav C. E. Weber, Hunter Holmes Powell, Benjamin L. Millikin, and there are busts of Noah Worcester and Proctor Thayer. The first faculty of the college consisted of Drs. John Delamater, Jared P. Kirtland, Horace A. Ackley, J. L. Cassells, Noah Worcester, Samuel St. John, and Jacob J. Delamater.
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