A history of Scioto County, Ohio, together with a pioneer record, Part 11

Author: Evans, Nelson W. (Nelson Wiley), 1842-1913
Publication date: 1903
Publisher: Portsmouth, O. N. W. Evans
Number of Pages: 1612

USA > Ohio > Scioto County > A history of Scioto County, Ohio, together with a pioneer record > Part 11

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It was my good fortune to serve for a time with Judge Johnson in the Supreme Court, and thus I came to know him socially, and as a jurist. He impressed me as a widely informed man, and as one pos- sessing accurate knowledge on many subjects. His knowledge of law was excellent. The underlying principles were with him as house- hold words, and he was inclined to determine disputed questions more by applying to them the test of principle than the opinions of text writers or the decisions of Courts.

Governor Hoadley, than whom no man is better qualified to judge, once spoke of Judge Johnson in my hearing as a "wise Judge." The remark was eminently just. It well describes Judge Johnson's judicial character. He was learned in the law, and possessed in a high degree the discernment necessary to make proper use of that learning. He was not only learned but he was sagacious. Added to these qualities was a strong sense of justice and an independence of judgment which inclined him to stand by his own convictions, deliber- ately formed, whether in accord with the views of others or not. Hence he was a useful force in all relations of life.

Judge S. N. Owen, who served many years with Judge Johnson, and had abundant opportunity to form a correct opinion, once remark- ed that "his strength as a lawyer was more apparent in the consultation room in the discussion and determination of difficult legal questions

HON. HENRY A. TOWNE.

BIOGRAPHIES OF JUDGES.

than in his written opinions ; that while they are sound, logical and able, many of them found in the State Reports, fail to do him justice; fail to adequately reflect his real learning and ability ; that the Judge's de- votion to substance and indifference to form sometimes resulted in a want of order and finish, and a lack of detail, which he was abundantly able to give, but at times inclined, from a pressure of work to omit." Judge Johnson's opinions are replete with sterling legal substance and indicate a clear comprehension of the law of the case. Judge Johnson was a power on the bench and served his State and his time faithfully and well.

Henry Abner Towne

was born January 5th, 1826, in Litchfield, Herkimer County, N. Y. He was the only child of the Rev. Abner Towne and Sarah Eliza Vinton, his wife. His father had graduated from Union College. Schenectady, N. Y., and in divinity at Andover, Mass. He was made the pastor of the Presbyterian church of Litchfield, N. Y., July 18th, 1825, and died there June 19th, 1826, in the very beginning of his usefulness, and when our subject was only five months old. His mother was a sister of the Hon. Samuel F. Vinton, so long a member of Congress from the Portsmouth District. After his father's la- mentable death his mother returned to Amherst, Mass. Three years afterward she came to Gallipolis, Ohio, where she taught school. On May 28th, 1831, she was married to Dr. Robert Safford of Putnam, Ohio, now a part of Zanesville. Our subject entered Marietta col- ‘ lege at the age of fifteen and graduated in 1845. In 1846, he engaged in teaching at Coshocton, Ohio, and while there studied law under David Spangler. He was admitted to the bar in Cincinnati, in 1849, and went to Marietta, Ohio. Till 1854, he was a partner in the law business with William A. Whittlesey. From 1854, till December Ist, 1855, he was in partnership with Davis Green. December Ist, 1855, he located in Portsmouth, Ohio. On December 18th, 1856, he mar- ried Miss Harriet Nye, daughter of Judge Arius Nye. She was a great-grand-daughter of Gen. Benjamin Tupper. They had one son, Robert Safford Towne, who has had a distinguished career, and who has a separate sketch herein. Our subject practiced alone in Ports- mouth till September 28th, 1864, when he formed a partnership with James W. Bannon, as Towne & Bannon. In 1859, he was the Re- publican candidate for prosecuting attorney and was defeated by a vote as follows : Towne, Republican, 1423; Crain, Democrat, 1611 ; majority, 188.

In 1864 to 1867, he was one of the three school trustees of Portsmouth. His partnership with Hon. J. W. Bannon continued until February 9th, 1869, when he went on the bench as Common Pleas Judge. On March 8th, 1870, he resigned as Judge and on No- vember 6th, 1870, formed a partnership with H. W. Farnham, which continued until April 30th, 1879, when the firm became Towne, Farn-

HISTORY OF SCIOTO COUNTY.

ham and Purdum. On July 28th, 1871, he was elected President of the Home Mutual Life Insurance Company of Cincinnati, Ohio, and served one year.

In 1873, he was elected County Recorder of Scioto County on the Democratic ticket though he was always a Republican. Lewis E. Cur- rie had been the Recorder and died in office. Mrs. Hannah E. Currie, his mother, had lost one son, Samuel, in the service of his Country and there was great sympathy for her. Most Republicans of the City thought some one ought to be placed on the ticket to hold the office for her. The Republican County Convention made a nomination and Judge Towne indicated that he would run independent for Mrs. Cur- rie's benefit. He did so and was elected. He at once turned the office over to her and she attended to all the duties and collected all the fees for three years. . Judge Towne was given to kind acts like this, but never made any parade about it. He was an original mem- ber of the Portsmouth Library Board and served as such until his death. He was President of the Board most of the time. A life size portrait of him hangs in the Library. In 1879, he was elected Mayor of the City of Portsmouth and served one term. In 1880, he was . Supervisor of the Federal Census for his Congressional District. In January, 1882, he went to Washington, D. C., and served as Clerk of the Committee for the District of Columbia during the Forty-seventh Congress. In his political views he was first a Whig. After the Re- publican party was organized he became a Republican, and was such during his life. He was a stockholder and Director in the Scioto Star Fire Brick Works and a stockholder in the Globe Iron Company at Jackson, Ohio. He was a first-class business man and a business lawyer. In the latter capacity he had the confidence of the entire community. He was a communicant and vestryman in All Saints Church. Judge Towne was a large and corpulent man. He had a head and features like the pictures of Cicero. He was entirely bald on the top of his head but had a fringe of beautiful brown hair below his crown. Until he retired from business he was always shaven smooth and had fine regular features. The portrait herein was taken after he began to wear a beard. The duties of the advocate and cross-ex- aminer were distasteful to him, but as a counselor he was unexcelled.

He had a complete academical and legal education. As a com- panion he was most agreeable and entertaining. His entire social dis- course was brimful and running over with the most subtle and pleas- ing humor.

After the adjournment of the Forty-seventh Congress, he was unable to transact any further business. He went to Santa Barbara, California, where he died February 13th, 1888. His remains were brought to Portsmouth and a public funeral was held in All Saints Church. His body was taken to Marietta, Ohio, for interment. He deserved no enemies and probably had none. He was a Humanitarian

BIOGRAPHIES OF JUDGES.

in the fullest sense of the word, was always ready to do a kind and gracious act for the benefit of any human being, however lowly, and always favored and aided every project for the elevation or assistance of mankind. In Portsmouth his memory is sacredly cherished by all who knew him.

William K. Hastings

was born on the sixteenth day of October 1823, in Columbiana County, Ohio. He was the second of eight children, whose parents were Isaac Hastings and Jane Woodside. His father, a native of Fayette County, Pennsylvania, went to Columbiana County in 1814, and followed, in the main through life, mechanical and agricultural pursuits, dying in March, 1874, on his farm in Columbiana County, at the advanced age of eighty-one years. The mother of our subject was a native of Pennsylvania. Mr. Hastings was early taught to labor. His early education was obtained at the advanced schools of those days. At the age of twenty-one he began life as a school teacher, and followed this profession about six years. It was during his leisure hours at this calling that he read law. In the spring of 1852, he was admitted to the bar. In 1853, he went to Jackson and taught school for one term. In the spring of 1854, he entered on the practice of law in Jackson. He was mayor of Jackson for two terms. He was Prosecuting Attorney of Jackson County from 1864 to 1868, serving two terms. He was appointed Judge of the Court of Common Pleas of the Seventh District, Second Sub-division, March 28th, 1872, and served until February 9th, 1874. He was at first a Democrat and afterwards a Republican when that party was organ- ized. He was married on the 14th of May, 1857, to Mary Ann Nel- son, a native of this county, and a daughter of John Nelson, merchant of Jackson, and there were six children of this marriage. He died in 1876, at Philadelphia, Pa.

Porter Du Hadway,

of Jackson, was born on the 7th day of April, 1828, in Jackson County. He was the sixth of eight children, whose parents were Daniel Du Hadway and Elizabeth Porter. His father was a native of Paris, France, and came, at the age of two years, with his parents to the state of Delaware, where they lived until their death, near Dover, in that State , his mother living to the advanced age of one hundred and four years. His father was in the war of 1812, and at its conclusion went to Chillicothe. He remained there one year, and then located in Jackson County. His father was a shoemaker and a farmer. The mother of the subject of this sketch was a native of New York, and at the time of her marriage, was living in Athens County, then a portion of Jackson County. She came with her husband to Jackson County at an early date of its existence, and died in 1835, her husband dying in 1875, at the age of ninety-three years. Our subject lived with

HISTORY OF SCIOTO COUNTY.

his parents until the death of his mother. After this event his father returned to France, where he remained for several years, returning in 1844. At the age of seventeen, Mr. Du Hadway began the shoe- maker trade. This occupation confined his attention for the greater part of his time until 1857. In 1847, he came to Jackson to work at his trade and also attended school under the Hon. J. W. Longbon for a period of two years. In 1855, he began the reading of law under the direction of Hon. Levi Dungan. In 1857, he was elected Clerk of the Courts, which office he held until 1860. In this year he was admitted to the bar. He began the practice of law in Jackson, and followed this profession exclusively up to 1873. In the fall of this year he was elected Judge of the Court of Common Pleas on the Dem- ocratic ticket by a majority of seven hundred, in the Second Sub-divis- ion of the Seventh Ohio Judicial District, composed of Jackson, Vin- ton, Pike, Scioto, and Lawrence Counties and served one term.

He was married on the tenth day of September, 1850, to Mary Morse, a daughter of Eli Morse, and a native of Jackson County. She died in October, 1853, leaving two children. He was married a second time to Mary A. Bennett, on the twenty-fifth day of Dec- ember, 1857, by whom he was the father of four children. He was Mayor of Jackson for three terms and City Solicitor for two terms. He never solicited any office except the clerkship of court, which he held in 1857. Politically, he was a Democrat of the Jackson school. Ilis religious views, if he had any, are unknown to the writer. He died November 9th, 1889.

James Tripp

was born at Canonsburg, Washington County, Pennsylvania, October 17th, 1824, the son of William Tripp and Sarah Hast, his wife, both of whom were natives of Eastern Pennsylvania. They emigrated to Western Pennsylvania in 1800, and were married there in 1817. Our subject was their fourth child. In 1832, his parents removed to Car- roll County, Ohio. He attended school near Carrolton for ten years of winters, and spent two terms at Carrollton Academy. He read law with his brother, John H. Tripp, of Carrollton, in 1848 and 1849. He was married June 7th, 1849, to Christina Smeltz, of Carroll County, Ohio. They removed at once to Jackson County where he read law in the summer and taught school in the winter. In 1855, he was elected a Justice of the Peace of his Township, but re- signed his office at the end of two years. In 1857, he was admitted to the bar and moved to the town of Jackson, where he has since resided. In 1858, he was elected Prosecuting Attorney of Jackson County and re-elected in 1860. In 1863, he was elected to the Legis- lature and re-elected in 1865. On October 17th, 1864, he went into the military service of the United States in the Second Independent Battery of Ohio Volunteer Light Artillery as Senior First Lieutenant and served until December 19th, 1864. The Company guarded rebel

BIOGRAPHIES OF JUDGES.

officers at Johnson's Island until December ist, 1865, and after that was in Cleveland the remaining twenty-five days of its service. In 1872, he was elected from Jackson County to the Third Constitutional Convention of Ohio. In 1878, he was elected Common Pleas Judge in the 2nd Sub-division of the Seventh Judicial District composed of the Counties of Scioto, Pike, Jackson, Lawrence and Vinton. He was re-elected in 1883 and served from February 9th, 1879, to Feb- ruary 9th, 1889. Judge Tripp has had nine children : William L .. . who resides at Jackson; Kate, married to C. H. Worth, a banker, of Muscogee, Indian Territory ; Vinitia F. married Frank Crumit, a bank- er, of Jackson, and is now deceased ; James M., deceased, has a sep- arate sketch herein: Mary L. Married to Thomas Moore of Jackson; Minnie Bell married to James C. Poor, a merchant of Jackson. She

is now deceasd. Gertrude married Frank R. Stewart, now in the employ of the Government and residing in Arizona; Elizabeth Jane, died in infancy; Stella, single and resides with her father. Judge 'I'ripp's wife died in 1882 and he never remarried. He gave up the practice of the law in the fall of 1894 and is living a quiet and retired life, enjoying the season of old age. He has all his faculties, physical and mental and takes life easy. Judge Tripp, in the days of his activity, was one of the most forceful lawyers in the County. He has been a member of the Methodist church, since 1859, and lives up to it. His integrity was always a tower of strength. When he said any- thing he meant it, and believed in it, and so did all the County. When he practiced, he stood at the head of the local bar. As a lawyer and a judge, he never violated his own conscience. He never performed a duty in a half hearted, or slipshod way in all his life. Whatever he undertook he put all the force of life and character in it and made it go. He had the confidence of all the people in Jackson County, and has it yet. He was always careful and painstaking and got out of every case everything in it. As a judge, he investigated every case with fairness and impartiality. His knowledge of the law was thor- ough and his decisions were correct. It is said he was never revers- ed by the Supreme Court. He had great executive and administrative ability and as the result business never lagged in his court. His course in controlling the court and in pushing business saved large sums of money to the county. He dignified and honored every office he ever held, and was faithful to every trust he undertook. He was always a safe and true counselor. In his well earned and honorable retirement, he enjoys the respect and confidence of all his fellow citizens.

James Madison Tripp

was born in Jackson County, Ohio, January 13th, 1857, the son of the Hon. James Tripp, who has a separate sketch herein. He attend- ed the public schools of Jackson until June, 1873. In the fall of that year, he entered Ohio University and graduated in the Classical Course in June, 1876. After graduation he began the study of law with his

HISTORY OF SCIOTO COUNTY.

father and was admitted to the bar by the District Court of Vinton County, at McArthur, at the fall term, 1878. Directly after, he began the practice of law in Jackson. In 1880, he delivered the Master's oration at his Alma Mater. It was pronounced most able. He was one of the founders of the Jackson Journal in 1882. In 1888, he was nominated for Common Pleas Judge of the Second Sub-division of the Fifth Judicial District and succeeded his father in that office, Febru- ary 9th, 1889. He served the term of five years with credit and dis- tinction, but declined a re-nomination and election. In 1894, Gov- ernor Mckinley appointed him a Trustee of his Alma Mater, Ohio University. In 1889, he formed a partnership with Hon. David Dav- is, lately a Common Pleas Judge in Hamilton County and together they practiced law in Hamilton and Jackson Counties. On January 23rd, 1878, he was married to Miss Emma A., daughter of Orlando C. Miller, deceased. They had two children : Homer Floyd, born November 9th, 1878, was educated in the Jackson Public Schools. Ohio University at Athens, and the Columbian University at Wash- ington, D. C. He is now a draughtsman in the United States Geolo- ical Survey Office at Washington, D. C. His second son, James Or- lando, born December 6th, 1882, was graduated from the Jackson High School, and is now a student of the Columbian University Law School at Washington, D. C. Our subject was a faithful and diligent student of law, and industrious and painstaking in all his business. As a judge, he was impartial and able.

William Dow James

- was born near Piketon, December Ist, 1853. His father was David James and his mother, Charlotte Beauchamp. His first ancestor in this country came over from Germany in 1750, and located in Bed- ford County, Virginia. His grandfather, grand-son of the immigrant, was born in 1785, and came to the Northwest Territory, shortly after 1794, with his parents and located in Gallia County. He resided with his parents in Gallia till 1805, when he moved to Pike County in the Beaver Valley, ten miles from Piketon. He married Miss Allison, and nine sons and daughters were born to them. Among them was David, the father of our subject. He became a prominent and suc- cessful farmer. Our subject remained at home attending school and receiving instructions privately until he was about twenty years of age, when he began the study of law under John T. Moore. This was continued until Mr. Moore located in Jackson in 1875. He then pro- secuted his law studies with George D. Cole, teaching school in winter and reading the tex-books in summer. This course he followed until 1877, when he was admitted to the bar and opened a law office in Pike- ton. Here he remained four years. In 1879, he was elected Mayor of Piketon and held the office until he removed to Waverly. He con- tinued to practice in Pike and the adjoining Counties until 1893, when

BIOGRAPHIES OF JUDGES.

he was elected Judge of th Second Sub-division of the Seventh Judi- cial District. He made quite a reputation as a trial lawyer and ad- vocate while at the bar, and his reputation as a man and as a citi- zen is the highest. In 1882, he was married to Miss Terrena F. Vulgamore. At the close of his first term on the bench, he could have been renominated and re-elected without opposition, and it was much regretted by the lawyers of his district that he did no so deter- mine, but he felt that he had made all the reputation he desired as a judge, and he peremptorily declined a renomination. Immediately on his retirement, and he peremptorily declined a renomination. Imme- diately on his retirement, he removed to Cincinnati, and opened a law office in the Blymyer Building, No. 514 Main Street, where he is acquiring a large clientage. His wife died May 13th, 1898, and he has since remarried to Miss Louise Adams, of Chicago, Illinois.

Judge James is affable in his manners, both on and off the bench. He has a clear and logical mind. His mind after a survey of the facts, grasps the points in a case, and his correct legal training en- ables him quickly to make the application of the law to the facts. He is painstaking in the preparation and trial of his case. On the bench, he was never hurried in making his decisions, but when announced they showed careful and though consideration of the questions involved He had the judicial quality to withhold judgment till he had fully con- sidered the case and until he was satisfied as to the principles governing it. Once satisfied, his decision was made and was usually sustained in the higher Court. As a lawyer he was always careful and thorough and his client could be sure that the best course would be adopted and the best results obtained.

A friend speaking of Judge James says : "He is able to perform and does perform exacting labors. He is a patient reader and suc- ceeds in ascertaining the results of what he needs. He is affable as a man, a citizen, a lawyer and a judge. As a lawyer he was connected with all the important cases of his County. As a judge, he gave great consideration to his cases, and was without prejudice or partiality."

Another friend speaking of him says: "He is a man of affable, courteous and at the same time, dignified manners, and is very popu- lar among his associates by reason of his genial and social manner. As a lawyer he is a fluent speaker, with a clear, clean, logical mind, quick to grasp the points of a case and to use them to his advantage. and his power before a jury is widely recognized. As a judge, he was noted for his fairness and keen love of justice, and with his thorough and comprehensive knowledge of the law, administered the complex and onerous duties of that position with the highest credit to himself and to his profession."

William H. Middleton

was born at Locust Grove, O., on the 19th of July, 1864, son of Rev. Wilder H. Middleton, of the Ohio M. E. Conference, and Cynthia

HISTORY OF SCIOTO COUNTY.

Bailey Middleton, daughter of Cornelius Bailey, one of the pioneer residents of the Scioto Valley. His early life was a roving one, his father's calling taking him to various towns in Southern Ohio, in the public schools of which he received his early education. Later he at- tended the private school of Professor Poe, of Chillicothe, and the National Normal University at Lebanon, Ohio.

He began life for himself at fifteen years of age as a teacher and followed that work for several years, teaching in the public schools at Piketon, Waverly and other towns. His inclinations drew him to the law and in 1888 he entered the law office of Judge W. D. James, at Waverly. In 1889, he was appointed Deputy Collector of In- ternal Revenues by M. Boggs, which office he held until his admission to the bar in 1891. After his admission to the bar, he continued with his preceptor until the latter was elected to the bench.

In 1896, he was nominated and after one of the hardest political battles ever fought in the county, was elected Prosecuting Attorney, receiving 192 votes above the head of the ticket. He continued in this office until his election to the bench in 1898.

On the 24th day of June, 1897, he was married to Miss Min- nie Howard, and one child has blessed the union-Wilder Howard, aged one year.

He is a member of the Orient Lodge, No. 321, F. & A. M., Wav- erly, Ohio; Chillicothe Chapter, No. 4, R. A. M. and Niobe Lodge, No. 370, K. of P.

Judge Middleton comes of a long line of ministers; hence, in his moral and mental fibre, he is possessed of that conscious sensibil- ity so essential to an upright and just judge. It matters not how young and inexperienced a judge may be, or how old and learned he may be, if he is not possessed of a natural, moral and innate honesty, he cannot make a just judge. Honesty of purpose supplants all. With- out it, he floats a buoyant pestilence upon the great ocean of truth. A friends says of him-"Having an intimate acquaintance with Hon. William H. Hiddleton from his youth up, as a country school-teach- er, as a student of law and as a practitioner, I bear witness that the bright jewel of his crown is honesty and integrity of purpose, a man of native modesty, but possessed of a courage in the exercise of his moral and intellectual convictions. Ever dignified, always genial, and at all times agreeable .. We bespeak that his integrity and hon- esty and never failing common sense and cautious sagacity, his powers of analysis, his quickness of intuition to grasp the principles of law as well as the right and morality of a controversy, shall win for him the approval of the bench, the bar and the people.

Henry Collings,

the son of Hon. George Collings and Harriett Conner, his wife, was born on his father's farm in Monroe Township, March 15th, 1853.

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A history of Scioto County, Ohio, together with a pioneer record, Part 11

Author: Evans, Nelson W. (Nelson Wiley), 1842-1913 Publication date: 1903 Publisher: Portsmouth, O. N. W. Evans Number of Pages: 1612

Author: Evans, Nelson W. (Nelson Wiley), 1842-1913
Publication date: 1903
Publisher: Portsmouth, O. N. W. Evans
Number of Pages: 1612