USA > Ohio > Allen County > A standard history of Allen county, Ohio : an authentic narrative of the past, with particular attention to the modern era in the commercial, industrial, educational, civic and social development > Part 45
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Before entering upon the practice of law in Allen County, the candi- date must pass the state examination ; he must show literary qualifications equal to three years of high school training; a man must register as a law student three years before he is admitted to the Allen County bar ; the requirements were not always so stringent. Law has been commercial- ized along with other commodities, and attorneys must make money; it has been defined as a "hocus pocus science which smiles in your face while it picks your pockets," and again it is said the mission of the lawyer is not to tell their clients what they cannot do, but to get them out of their difficulties after they have done certain things. President Abra- ham Lincoln once said: "In law it is good policy never to plead what you need not lest you oblige yourself to prove what you cannot," and that plan saves the witness unnecessary confusion. There is an Arabian proverb: "A secret is in my custody if I keep it; but should it escape me, it is I who am the prisoner," and from the same source comes the statement : "A lawyer without history or literature is a mechanic, a mere working mason; if he possess some knowledge of these he may venture to call himself an architect."
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When Allen County was but a small part of the great Northwest Ter- ritory and without name or outline, Judge Burnett of Cincinnati would hold territorial court at Marietta and Detroit, from 1796 to 1802, and there was much difficulty then with the Indians in Western Ohio and in Indiana from horse-stealing; the judge traveled from one court to the other on horseback, and he was in sympathy with the white settlers who suffered so many such losses; in his notes he wrote about stopping at Wapakoneta and witnessing a ball game there, so that he must have crossed Allen County several years in advance of Judge Samuel Mar- shall who carried the United States mail from Piqua to Fort Defiance. There was litigation from the beginning, and the situation described by John Greenleaf Whittier, the Quaker poet, seems an impossibility :
"No doubtful balance of rights and wrongs, Nor weary lawyers with endless tongues."
Before the judge of the court comes all the woes of humanity, and a well-known humorist has said: "Some folks are so guilty they cannot find a lawyer famous enough to defend them." It is said that when people know themselves innocent they are satisfied with a trial before the judge, but when they are guilty they have a dozen chances for a more favorable decision as to their guilt or innocence by leaving it to a jury ; when the retainer is sufficient, the spellbinders at the bar are sometimes able to influence a jury, while the judge is often immovable under the pressure of their eloquence. In a figurative sense, the terms bench and bar indicate the judge of the court and the practicing members of the legal fraternity ; in another chapter all the judges who have occupied the bench in Allen County are enumerated, while there is a roster of the bar on file with the clerk of the court; some of the members of the Allen County bar have enrolled themselves as patrons of the Allen County History, in the biography section.
Bench is a time-honored term, English in its origin; the judge is a public officer vested with authority to hear and determine causes-civil or criminal-and to administer justice according to the law and the evi- dence produced by the litigants before him. Laws are the necessary rela- tions resulting from the nature of things; many matters are settled in court every year about which there has been no controversy-litigation without the element of contest-simply an amiable adjustment of mat- ters. Judicial proceedings do not necessarily mean controversy, and there are many prosperous lawyers who seldom appear in court. There are estates to be settled and titles to be cleared, and the mimic dictionary definition of the word lawyer: "The man who rescues your property from the adversary and keeps it himself," is perhaps descriptive of the situation ; some who have experience in the courts of injustice feel that way about it. There is mention of the accuracy of the work of Esquire James Nicholas, who served in minor legal capacity in Allen County for fifty-seven years, that he wrote more wills and acknowledged more deeds than any man in his generation, and there was never a will broken that he wrote and frequently he effected compromises without causes coming to trial; he was a student of nature-never an eclipse of the sun or the moon without his knowledge, and he could name the stars. Esquire James Nicholas of the Welsh community was the historian and astrono- mer of his day, and while he never qualified as a judge he does hold the record for term of legal service. As justice of the peace all sorts of complaints were heard in his court.
In the way of minor courts, there are few incidents that will eclipse the record of Henry De Villiers Williams-the first mayor of Lima. While
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it may be said that Mayor Williams introduced his own views as to what constituted the work of the "blind goddess," he did set an example in administering justice; a strapping fellow, Jacob Ridenour, and powerful as he was massive, was one day in the mayor's court as the culprit; a smaller man on the street had started making fun at his expense; the unoffending youth from the country stood it for awhile, but then as now there was a limit at which forbearance ceases to be a virtue, and Ridenour ordered the offender to shut up, and when the warning went unheeded, the "strapping" one picked up the diminutive fellow and slammed him down in the mud; the youth had Ridenour arrested for it. He was brought before Mayor Williams charged with disorderly conduct; the evi- dence was against him, and like a man he pleaded guilty. "Hizzoner," the mayor gave the offending youth a lecture, and in order to maintain the dignity of the law he fined the culprit before him $5, and in it all there was no show of sympathy ; however, Mayor Williams was an actor and in the "nick o' time," he patted Ridenour on the shoulder, saying : "Now, Jacob, for having administered a well-merited punishment to a bully, I will allow you $5.25, and here is the change," and thus Ridenour was vindicated and had 25 cents left after paying for his experience. Where is the man today who does not justify Mayor Williams?
In reminiscent mood a man looking back over the years said that it was a wonderful bar-that first generation of Allen County lawyers; the second generation held its own, and the men at the Allen County bar today are recognized as jurists-there are some outstanding characters among them. There are some fine legal specimens-some towering intel- lects, and some lawyers still give advice that keeps people out of court ; difficulties may be adjusted through arbitration, and the story is told of an Allen County lawyer who adjusted a difference between a German and Negro woman who had quarreled about their chickens; their poultry all used a common range, and when night came on each tried to round up the whole flock; they had words and when they brought their case to a lawyer, he advised them to remain away from the range in the eve- ning-neither try to drive home the flock, as their chickens would settle the dispute by going home to roost; they both accepted the logic, and both refused to pay for such ordinary advice-something they already knew themselves. However, most Allen County lawyers are able to commercialize their knowledge of law.
While the third generation of lawyers is now practicing at the Allen County bar, those of today have had an opportunity of enrolling them- selves and their ancestry; it is said that old galaxy of Allen County lawyers used to occupy chairs on the sidewalk in front of their respec- tive offices-there were no skyscraper office building in Lima then, and a possible client who accosted one must wait until the attorney finished the story he was telling, before he would think of taking on any further litigation obligations; some members of the local bar who otherwise dis- tinguished themselves in the past were: Isaiah Pillars, who represented Allen County in the Ohio Assembly and who was attorney-general of Ohio; Charles N. Lamison was a member of Congress, and C. S. Brice, who distinguished himself as a financier, was a member of the United States Senate. Senator Brice did more than any other to focus the atten- tion of the outside world on Lima; the most satisfactory likeness of him now hangs in the office of Selfridge and Selfridge, and those who see it imagine they see the senator again. Others in that group were James Mackenzie, B. F. Metcalf, E. A. Ballard and T. E. Cunningham. They never sullied the ermine and there is still a very high moral standard at the Allen County bar. There are men in the local bar who are known
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in the halls of state, and there is a fraternal spirit apparent at all times. The bench and the legal profession have had recognition beyond the con- fines of Allen County and local legal acumen is appreciated in the courts of the Commonwealth of Ohio.
While there are unwritten laws in society and lynch laws in some communities that do not require legal advice in their execution, juris- prudence is a systematic knowledge of the laws, customs and the rights of man in a state or community, necessary to secure the due administra- tion of justice. A jurist is one who professes the science of law and sometimes he writes it. Although no one enjoys a mirthful aspersion upon his own profession more than a lawyer, it is unanimously declared that the legal light who defined arson as "pizen" was not a member of the bar in Allen County. However, it is related that Michael Leather- man and John Collett once occupied the same law office and in order that each might have a key they had two locks on the door. When Leatherman went out of the door he locked it. When Collett was ready to leave his key availed him nothing and he crawled out through a window-a duplicate of the story of the settler who cut a hole in the cabin door for the cat and a smaller hole by it for the kittens.
There is a commendable thing noticeable among the attorneys at the Allen County bar that when speaking to other members or of them, titles are given them, thus preserving dignity in the social relation. There have been so many changes in the judicial relation of Allen to other counties that in the official roster judges are listed who never lived in Allen County, while there were associate judges under the orig- inal Ohio Constitution, on the adoption of the second Constitution, March 10, 1851, the District Common Pleas and the County Probate Court assumed all local jurisdiction. From the beginning there had been a president judge sitting with the associate judges since 1831, when local government was established, the judge being required to hold court in turn in each county. The regulation was preposterous under old-time transportation difficulties, and time was when the word circuit was not devoid of meaning. Men have frequently crossed swollen streams-the contemporaries of Count Coffinberry, under difficulties. They must reach some distant court in time to deal out justice. Some noted jurists were Allen County visitors, and Judge William L. Halfen- stein at one time projected a community-Auglaize City. The Supreme court had both original and appellate jurisdiction, and important crim- inal cases were tried before it while the judges were still peripatetic, holding court in all of the counties.
While in some counties the courthouse bell still calls the litigants to court, in other courts the bailiff shouts the words: "Come to court! Come to court! Come to court !" and when he says "Hear ye, court is now in session," the "mills of the gods begin to grind slow and exceed- ing fine." When court is in session those in durance vile know their doom is approaching, and they are more or less anxious about it. While the rain falls on the just as well as on the unjust, the judge of the court must possess his soul in patience while the lawyers at the bar quib- ble over seemingly irrelevant matters, and at all hazards the witness must be protected from the onslaught of unscrupulous attorneys. Some- times timid unoffending and innocent witnesses are made to suffer in cross-examination, and the voice of sympathy and the kindly look on the face of the judge may inspire them. It is well understood that every prisoner at the bar must have the benefit of the doubt and conviction must come only when there is no uncertainty about his guilt. Some- times a man who is a prince at cross examinations is inclined to forget
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the rights and privileges of the witness unless the judge protects him. At all hazards the dignity of the court must be maintained, although there are vexatious problems in jurisprudence. Some lawyers com- prehend while others do not, but bulldozing tactics are ever under the bans in Allen County. It has been said that obedience to law is liberty and while pettifoggers may attempt to blind the jury, the unfailing judge always charges them that he is impartial-that they must not gain the impression that he has any personal opinion about cases given to them for settlement. There are two sides to all questions, and the jury must weigh the law and the evidence in all maters brought before it. The judge always explains to the jury the construction of the law with reference to particular situations. The witnesses and the jury all take the oath "So help me God," and they are always impressed with the fact that right wrongs no one at all.
What is true in other communities is true in Allen County and lawyers no longer depend wholly upon their eloquence in giving to the jury a pithy story to carry them through, the newspapers having spoiled that possibility, having "stolen their ammunition" by spreading the story in advance, and crowds are no longer attracted to the court rooms for such details, only in extraordinary instances. Only the bare facts in the law and evidence are now summed up by the most successful attorneys. While not so much is required by way of qualifications in order to be admitted to the bar, the shrewd Allen County lawyer well understands that his knowledge is his capital, and that cold-blooded facts without garniture are the convincing things-the bread and butter end of the story. It is taken for granted that there is not a lawyer at the Allen County bar who would not offer $2 worth more counsel when asked to take a $3 fee out of a $5 bill, were such an emergency confronting him. It is universally conceded that the average Allen County lawyer will take care of himself in the matter of charges for his services.
Time was in the Allen County court when both prisoners and counter- clients were afraid of the "spellbinders," who were reputed to be able to influence juries by their eloquence, but under the searchlight of more widespread general intelligence, the advocate at law must be wholly in sympathy with his cause, if eloquence comes to his rescue at all. Most attorneys at law are students, and when fiery oratory prevailed decisions were often reached purely under the stress of emotion. Just as the martial music of the fife and drum stir a crowd on a gala day, some men have been able to sweep everything before them with their own strong personality. There is inspiration in numbers, and oratory always attracts the crowd. There are men at the Allen County bar who are eloquent in or out of court, but, as has been stated in many instances, the newspapers have already heralded forth the story, and the business- like lawyer comes to the point in the fewest possible words.
While there may still be causes that stir the heart, the orator at the Allen County bar must feel the burden of his words, or they fall with- out impress upon the jury and upon those sitting beyond the jury box as well as those who always arrive at their own conclusions, and unless an attorney has a distinctive message, why should he exert himself to the point of frenzy? This is the age of calm reason, rather than disturbed emotions, and the Allen County legal fraternity has adapted itself to the changed conditions. Litigations arise from various sources and the busi- ness of the bench and the bar alike depends upon litigation. From the nature of the case lawyers naturally enjoy trials and tribulations. Ques- tions of title-friendly litigation-often claim the attention of eminent attorneys. A flaw may have occurred in the spelling of a name, as
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"Johnzy Keeth," with which Allen County realty dealers and abstracters have frequently juggled, or a signature may be in doubt-many techni- calities and legal entanglements are annually straightened out in court. Interpreters of the law quite frequently become lawmakers, as has been demonstrated in Allen County, one solon achieving much notoriety because of his attack on a Federal judge who was drawing two salaries-Con- gressman B. F. Welty criticising Judge Kennesaw Mountain Landis of Chicago.
Quite often the political bee buzzes in the legal head gear-the lawyer's bonnet-and sometimes he is adapted to legislative require- ments. When politics becomes morals applied to government, the Dec- alogue and the Golden Rule will assist men greatly in framing the neces- sary laws, and patriotism, always commendable, will be as pure as the sunlight and not tainted with the influence of the almighty dollar. When partisanism is buried in patriotism and all hearts throb with one com- mon purpose, the purification of politics, now an iridescent dream, may then be accomplished in the world. The battle for supremacy is as old as nature itself, and in it there are no humanities; there is no sentiment, and yet passing inquiry indicates that the Allen County bar is a good, average group of attorneys. There seems to be an elevated sense of justice and right in the minds of all of them. There is such a thing as justice tempered with mercy. There are human interest stories heard in court every day, and while there is a jury to decide their merits, there are attorneys at the Allen County bar who understand all about the psychological moment-know just when and how much pressure they must bring to bear to accomplish their purpose. There are lights and shadows. There are cheerful as well as gloomy pictures, as the pano- rama is enacted in the courts of Allen County.
The following tribute to the personnel of the Allen County bar, past and present, is from one having personal acquaintance with most of them: "Among the gentlemen who have worn the ermine and who are actual, bonafide residents of Allen County, Judge Benjamin T. Metcalf, at that time considered the greatest of Allen County's lawyers, was the first. He started in life as a tailor and while thus working he studied law, and he came up to the front by his ability and industry. He was elected in 1851, and was serving his third term in 1865, when death overtook him. James Mackenzie, second to none as a judge, was the son of a member of the Canadian Parliament, and a native of Scotland. He was one of the strongest characters of the early years. He had been a member of the school board in Putnam County, and he became school examiner in Allen County. As prosecuting attorney Judge Mackenzie served three counties-Henry, Putnam and Allen. As common pleas judge he filled the unexpired term of his predecessor. He was elected then in 1869, and again in 1875, practically serving three terms.
"Charles M. Hughes was the first judge born in Allen County. He had the confidence of the people in a remarkable degree. As a captain in the Civil war he led the company in some of the most serious engage- ments ; as probate judge, prosecuting attorney, and finally as common pleas judge for ten years, he was loved and respected by all. John E. Richie was one of Lima's most public spirited citizens. He was a native of Van Wert County. He was a farm boy and a teacher in public schools. He was admitted to the bar in Lima and took front rank at once. The firm of Ballard & Richie was known all over northwestern Ohio. Serving as judge of the common pleas court for ten years, he left a record that anyone could well be proud of. William H. Cunning- ham was first elected judge of the court of common pleas for Allen
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County in 1898, and again in 1903, and no man stood higher in the estimation of his fellow citizens.
"Judge Cunningham was noted for the fair and impartial decisions that characterized his labors on the bench. In November, 1906, he died and Governor Harris appointed George H. Quail to the vacancy until 1908, the time of the next general election, when M. L. Becker was elected to finish the term. Both Quail and Becker were recognized as judges of a very high order, and of great force and ability. William Klinger started in official life as prosecuting attorney of Allen County, serving two terms from 1899 to 1905, and in 1908 he was elected to the common pleas bench and re-elected at the end of his first term, thus serving Allen County twelve years. He has the reputation of having been one of the most careful, impartial and painstaking judges that ever occupied the bench in Allen County. Fred C. Becker, elected in 1920, is a son of Judge M. L. Becker. He had served as probate judge to the gen- eral satisfaction of all of the people and came from that office to the bench in the common pleas court of Allen County.
"Among the prominent attorneys who became citizens, or who were born in Allen County was M. N. Nichols, who was three times con- gressman, and who served with distinction as an officer in the Civil war. Charles N. Lamison was also a Civil war veteran. He went out as captain and was afterward major of the Eighty-first Ohio Volunteers. He served as prosecuting attorney two terms, and was later elected for two terms as congressman from this district. When he died he was holding a government appointment in one of the southwestern territories. Theodore E. Cunningham, known to everybody as 'Doan,' was a very able attorney and he was one of the most lovable of men. The latch string was always out with him, and none went to him for a favor that came empty away. He edited The People's Press for a while, was com- missioner of the board of enrollment during the Civil war, and later he was assessor of internal revenues. In 1873 he was elected as dele- gate from this county to the Ohio Constitutional Convention. He learned the printing trade when a very young man, working on the Kalida Ven- ture, and later, in an editorial capacity, he worked on The Lima Argus. His son, the Hon. W. H. Cunningham, who was one of the best loved judges of the common pleas court, inherited the sunny disposition of his father. There was no man in the county more universally respected and beloved than 'Doan' Cunningham.
"Isaiah S. Pillars was probably the ablest lawyer practicing at the Allen County bar. As attorney general of the state, elected in 1877, it is said of him that the opinions he formulated in that office were almost invariably sustained by the Supreme court. In 1861, he was appointed by Governor Tod as commander at Camp Lima with the rank of colonel. In 1868 he was a presidential elector. In 1853, Thomas M. Robb was admitted to the Allen County bar. He led a very active life. He was clerk of the court for seven years in Logan County. He was postmas- ter at Bellefontaine and mayor of Lima. In 1856 he was elected probate judge in Allen County. He served for six years with credit to himself. Judge Robb edited The Western Aurora at Bellefontaine, The Gazette at Marysville, The Democrat at Logan, and later The People's Press at Lima. While in Columbus serving as representative of Allen County he was stricken with paralysis, which left him incapacitated till his death.
"Colonel Lester Bliss was the first mayor of Delphos. He was also elected and served as Allen County's first representative in the Ohio Legislature under the Constitution of 1852. He served with great credit in the Civil war, being rewarded with a commission as lieutenant colonel.
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In August, 1851, he located as a practicing attorney at Lima. Samuel Brown was also an early attorney at Delphos, settling there in 1856. He was appointed United States district attorney in one of the western states by President Buchanan. He died at the age of ninety in Denver. Samuel Barr, Theodore Brotherton and J. A. Anderson were other early attorneys in Delphos. A. J. Owens, who located at Bluffton in an early day, is favorably known as an aged attorney there.
"For many years the name of Walter B. Richie was one to conjure with. He was a member of many secret societies, and he was known all over the United States. He was grand chancellor of the Knights of Pythias and the author of its improved ritual. In every sense of the term he was a public spirited man. Although never a candidate for politi- cal preferment he never failed to assist his friends. When the storms beat he was a 'house of refuge' for them. In the interests of his clients he was an untiring worker, honest and faithful in all things. Theodore D. Robb, three times mayor of Lima, was a well known Lima attorney. He was elected probate judge in 1894 and served six years.
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