A twentieth century history of Trumbull County, Ohio; a narrative account of its historical progress, its people, and its principal interests, Volume I, Part 18

Author: Upton, Harriet Taylor; Lewis Publishing Company, Chicago (Ill.), pub
Publication date: 1909
Publisher: Chicago : The Lewis Publishing Company
Number of Pages: 758


USA > Ohio > Trumbull County > A twentieth century history of Trumbull County, Ohio; a narrative account of its historical progress, its people, and its principal interests, Volume I > Part 18


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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Frank R. Cowdrey is a son of Julins N. Cowdrey, the two being in partnership at Niles, Ohio. Mr. Cowdrey was born in 1878. studied law with his father, Julius N. Cowdrey, and was admitted in 1900. He was educated in the Niles schools and the Ohio Normal University at Ada.


Joseph Smith was born in 1870, educated in the Niles schools, and studied law with Hon. C. H. Strock. He was admit- ted to practice in Columbus in 1895. He is city solicitor of Niles, past W. M. of Mahoning Lodge 394, F. & A. M., and past C. C. of Niles Lodge No. 138, K. of P. He was associated in business with Wm. H. Smiley for a little time before his death.


R. K. Hulse was born in Bazetta, received his early educa- tion in the Bazetta schools and the Seminary at Farmington until 1843. He then went to work for Mr. Belden in his carriage


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shop in Warren. Here he had access to a library kept by D. M. Ide, and, at the suggestion of Judge Birchard read Blackstone. He studied law with Judge Yeomans. Was a member of the 125th Regiment of Ohio Volunteers, served as corporal sergeant. Ist sergeant, second lieutenant, first lieutenant and captain. After the war he completed his studies, was admitted to the bar in 1877, and retired in 1902. He is a member of the Masonic order, and of the Methodist church. He has been a teacher or a scholar in that church for fifty-seven years. He married Miss Hannah Payton in 1847.


Mr. G. P. Gillmer was born in Newton township in 1872. He studied law with T. II. Gillmer, and was admitted to practice in 1902. Hle received his education in the public schools of New- ton Falls, at the Northern Indiana Normal University, at Val- paraiso, Ind., receiving the degree of B. S. He also attended Waynesburg College, Waynesburg, Pennsylvania, and received the degree of A. B. He resides in Niles, and is a trustee of the First Methodist church of that place. He is a Knight Templar, a Shriner, member of the I. O. O. F. and the K. of P.


Hon. Warren Thomas was born in 1876, educated in the Cortland schools, studied law in the office of Tuttle & Fillius and was admitted to practice in 1899. He served two years in the Ohio house of representatives, was chairman of the judiciary committee of that body, and is now assistant attorney-general of the state. He resides in Warren. He has actively engaged in politics in the last few years.


Jay Buchwalter was born in Dalton, Wayne county, Ohio, in 1874. He studied law with Tuttle & Fillius and was admitted to the bar in 1901. He received his education in the common schools and at Mount Union College. He is interested in pol- ities, and has an active practice. He is affiliated with the Meth- odist church and interested in educational matters.


Rollin I. Gillmer, who is associated with his father, Judge T. I. Gillmer, was born in Newton Falls in 1873. He attended the Warren schools, Hudson Academy, and University of Michi- gan. He was admitted to practice in 1897. Hle is now serving his second term as United States commissioner. He belongs to the Masons, the Elks, and is a member of the Episcopal church. He is the youngest of the four Gillmers now at the Trumbull County bar.


D. M. Hine, who has been mayor of Newton Falls and is attorney for that village at present, was born in Paris, Portage


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county. lle obtained his education in the common schools and at Mount Union. He tanght for several years. He attended the Cincinnati Law School, graduating with honors in 1892. He was admitted to the bar that same month, May. He is a member of the Odd Fellows.


A. E. Wonders graduated from the Warren high school in 1896, and has spent all of his life in Warren. He studied in the office of Ilomer E. Stewart and at the Ohio State Law School. He was admitted to practice in 1900. Jle is a member of the Mahoning Lodge No. 29, 1. O. O. F., and Trumbull Encampment No. 47, I. O. O. F. Mr. Wonders, like his father before him, is an ardent Methodist. He married Miss Mabel Izant, whose family likewise are devoted Methodists.


Aleher L. Phelps, one of the youngest members of Trumbull Connty bar, was born in 1873. His early education was obtained in the Bristolville schools, and he later studied at the State Uni- versity in Columbus. His law studies were pursued under the instruction of Jolm J. Sullivan, George P. Hunter, while he also attended the law school at Columbus. He was admitted to the bar in Columbus in 1897. He has served as city solicitor of the town of Warren, is a member of the Methodist church, as well as the Knights of Pythias, I. O. O. F., Elks, and Warren Com- mandery, Knights Templar.


George T. Hecklinger, the grandson of the late M. B. Tay- ler, on his mother's side, and Daniel Hecklinger on the father's side, was born in Warren in 1875. He was educated in the public schools and Mercerburg College. Studied law at the Western University of Pennsylvania. Was admitted in 1898. lle is a member of the board of health, the Royal Arcanum, Odd Fellows and Masons. He is a Methodist, as were his parents before him.


William E. Tuttle is the third son of Judge George M. Tuttle. He was born and lived all his life in Warren, Ohio. Ile graduated from the Warren high school, was admitted to the bar at Columbus in the early '90s. His business is largely an office business, as he deals in real estate, municipal bonds, etc. HIe has an office in Youngstown, as well as in Warren.


George W. Snyder was born in Hartford in 1839. He was educated in the common schools; he read law with L. C. Jones at Hartford, and was admitted to the bar in 1867. He located at Orangeville, and has held several positions in that village,- those of justice of the peace, mayor and postmaster.


William B. Moran was born in Leitrim county, Ireland, in


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1846. With his parents he located in Trumbull County in 1852. He is self-edneated, and in early life taught school. He began the study of law in 1870, being with Hutchins, Tuttle & Stull in 1872. He was admitted to practice in 1874 and located in Ver- non. Within the last few years he moved to Warren, that his family might have the advantage of the schools, and here he continues to practice.


M. J. Sloan was born in Greene in 1844. He early enlisted in the army, serving two years. He attended school in Greene, Orwell, and Oberlin College. He earned the money to defray his expenses while in Oberlin. He studied law and taught school, and was admitted to the bar in 1874. Most of his law reading was done with John C. Hale, of Elyria. Ile first located in Niles, then moved to Warren. He has been prominent in G. A. R. circles, was elected mayor in 1906. At present he is a mem- ber of the board of pardons for the state of Ohio.


Washington Ilyde was born in West Farmington in 1847, and belongs to one of the families who settled that town. He made great sacrifices to get his education at the Seminary in Farmington. During part of his course he rang the bell of the Seminary. He graduated in 1867, attended Michigan University in 1870, graduated from the law department of that college in 1872. Ile was admitted to the bar the same year, and began practicing in Warren. He was elected prosecutor in 1879, and re-elected in 1881. He is connected as a stockholder with several business enterprises of this city.


John LaFayette Herzog was born in Warren in 1857. He obtained his education in the Warren high school and studied law with Sutliff & Stewart. He was admitted to practice in 1878. and has spent his entire life in Warren. His praetiee has been largely of settling estates, and not mueh in the line of liti- gation. He has a fine knowledge of law, but is exceedingly modest and retiring.


LaFayette Hunter was born in Howland in 1846. He at- tended school at Newton Falls, normal school at Hopedale. In 1872 he went to commercial college in Cleveland. Took his law course at Albany, graduating in 1874, and was admitted to the har the same year. He located at Warren, Ohio, where he has since practiced. He is commissioner of bankruptcy.


Robert T. Izant was born at Great Elm, Somersetshire, England, in 1855. He eame to Warren with his parents in 1872, and soon thereafter became clerk in the office of John M. Stull.


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He was admitted to the bar in 1878, and practiced for a number of years. When the Trumbull Building & Loan Association was formed he became treasurer of it, and has devoted all his time to that institution since, being largely responsible for its success. He married Sadee King of Kinsman, and with her is a worker in the Methodist church.


A. A. Drown was born in Nelson in 1850. He attended local schools and Hiram College. Read law with Taylor & Jones, was admitted to the bar in 1875, and has since continned to practice his profession, most of the time in Warren.


David R. Gilbert was born in Vernon in 1846, moved with his parents to Gustavus in 1856. Ile attended district school and Oberlin College. He began the study of law in 1871 with Taylor & Jones. He was admitted at Canfield in 1873. Hle began practice in 1875; was associated with Judge Taylor in 1880; he served two terms as probate judge, and continues the practice of law in the city.


Emerson B. Leonard received his education in the common schools, Penn Line, Pennsylvania, high school at Jefferson, and Kingsville Academy. Studied law with W. P. Holland (his brother-in-law ), Jefferson, Ohio. Was admitted at Cleveland in 1871. Was prosecuting attorney of Ashtabula county for two terms. He is now in active practice at Warren, F. D. Templeton being his partner.


M. B. Leslie, of Hubbard, was born in that town in 1851. He studied law with Judge George Arrell, and was admitted in 1878. He went to school in Poland, and was justice of the peace three years.


Mr. W. G. Baldwin is eity solicitor. He studied law with John M. Stull, and has made a specialty of securing abstracts of titles.


Wade R. Deemer was born in Fowler, 1865. He earned the money for education by working as a machinist. He com- pleted his course of study in 1886 at New Lyme College. He studied law with C. H. Strock of Niles, and was admitted to the bar in 1891. In 1892, May, he began practicing law at Girard, and in October of the same year married Myrtle C. Baldwin, of Austinhurg.


Clare Caldwell was born in Warren in 1881. He graduated at the Warren high school, took a course at Western Reserve College in Cleveland, graduating there, also from the Western Reserve Law School in 1905. Spent some time in Cleveland,


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and in 1907 began practicing law in Niles, where he now resides. He is the youngest man at the bar in Trumbull County at this writing, and Judge E. B. Taylor is the oldest.


From the time the anthor was a little girl she has listened to the tales which lawyers loved to tell of another. Some of them might not be of general interest, and space would not allow the recording of many here, anyway. However, she ventures to give one of two.


An attorney of rather doubtful reputation was defending a client for arson. The counsel for the defense was attempting to prove an alibi. The man, colored, was known not to be able to write. When he was called upon in answer to question he said that he could not have burned the building because he was in Sharon that night.


"How do you remember that it was that night?" asked the proseenting attorney.


"Because I remember writing to my mother that very day." "Writing to your mother?" ejaculated the prosecutor, as he handed the accused a pencil and paper, saying, "write 'Sharon, Pa., August 19th, 1881.'" The colored boy's eyes glistened. This was exactly what his lawyer had said would happen. Clutching the pencil tightly and wetting it often, he produced the following: "Charon Pa. Ang 91. 1881." Handing it back triumphantly to the prosecutor, he was surprised when it was read to liear a general laugh. The prosecutor suggested, "Mr. Blank is a good writing teacher, isn't he?" "Fine," replied the boy. Whereupon the counsel for prisoner objected, the usual discussion took place, but the boy was convicted.


The Germans who settled the lower part of Trumbull and upper part of Mahoning formed a community by themselves. They learned the English language slowly and imperfectly. In one case a large proportion of the jury was of these. One young, dapper fellow, because of his better knowledge of "English as she is spoke," was made foreman of the jury. This was in the days when verdicts were returned orally. After long deliberation this jury was unable to agree, and returned to the court room to so report. But the clerk, supposing they had agreed, pro- reeded with the usual formula, and asked, "Gentlemen of the jury, have you agreed upon a verdict?" The dapper little fore- man popped up and said: "Yaas." The clerk: "How do you find-for the plaintiff or for the defendant?" Foreman :


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"Vos is dot?" The clerk: "Why, how do you find by your verdict? Do you find for the plaintiff or for the defendant?" Foreman: "O, we ton't find noddings for any o' dem fellers; te chury has cot shplit."


On another occasion two brothers of that community, Jake and John, went together to the county seat to pay their taxes and transaet business. In the afternoon Jake wandered into the courtroom, just as they were impanelling a jury. The regu- lar panel being exhausted, Jake was called and sworn in as one of the talesmen. At the adjournment of the court the judge was very impressive in warning the jury that they must not talk among themselves about the merits of the case, nor listen to others so talking, nor permit any person to speak to them of matters involved in the ease. Jake took all this very literally. As he approached the hotel where they stopped John was on the steps waiting for him, and called ont, "Well, Chake, is you ready to go home?" Jake stopped and held up both hands warningly, and said: "Ton't shpeak mit me. Ton't shpeak mit me. I ish te chmury."


At one time one of the priests at St. Mary's "looked upon wine when it was red in the cup" too often, until he could not get on withont it. His parishioners first noticed that he was sometimes a little worse for drink, and then the townspeople knew it. An attorney in town, who had no nose for news, was particularly gifted at minding his own business, had had oeca- sion to hear the complaints from a elient of the dissipation of this otherwise good priest. Because it came in a business way he remembered it. Very soon thereafter, when he was attending court in a nearby town, a Catholic gentleman, devout of nature, asked him if it were true that Father drank to excess. The lawyer replied, "Personally I do not know, for I am not acqnamted with him; but some of my friends at home tell me he does." It seems that proper church officials had decided to investigate the case of this priest, and the man was asking for a real purpose. The proceedings were begun, and, one morning, some weeks after, when the Warren lawyer was sitting in his back office, the priest, in a good deal of temper, came hurriedly in. "I understand," said the father, "that you have reported to headquarters that I am a drunkard." The lawyer, a resohite but gentle man, pursued his desk work for a few moments, and then, looking up. said. "F never saw you before. I never said you were a drunkard. I did. however, tell a man that Warren


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people said you drank too much." Whereupon the priest laid his hand on the side of his large, red nose and said, "I want you to know, sir, that God made that nose." "Possibly," said the attorney, coolly, "but He never colored it."


When JJudge Ezra B. Taylor, as a very young man, had been practicing law a few years in Ravenna, his wife awakened one night by hearing burglars in the house. He therefore grabbed a pistol and went in the direction of the noise. The burglar, hearing him coming, jumped ont the window, ran through the vard, and cleared the side fence. Mr. Taylor discharged the revolver, but found no dead man in the vicinity when he exam- ined. A little time thereafter he was called to the jail to defend a man for burglary. When they had talked the ease over Mr. Taylor felt so sure that the man was guilty that he persuaded him to thus plead, in order to receive a light sentence. Mr. Taylor then talked seriously to the prisoner. He explained how easy it was for a man to lead a decent life and to be respected by his fellow citizens, and how wicked it was, as well as dan- gerous, to pursue the life of a criminal. Continuing. he said : "It is a horrible thing to be the cause of so much suffering to women and to children. Now, the other night my wife awakened me telling me, there was a burglar in the house, and that fright made her siek. Of course, I went after the man and shot at him. but that's all the good it did. I probably did not come within rods of him." The prisoner smiled and said. picking up a hat with a hole in it, "You came near enough," pointing to the hole. That this man had been Mr. Taylor's burglar made him all the more interested in his future. Before he left him the prisoner had promised to plead guilty, to serve his time, and to lead a decent life. After his sentence, when he had been home with his family but a few weeks, the driver of a stage-coach, or a car- riage, having a trunk of valable things on the back, reported that on reaching his destination they were missing. After much search, the trunk with part of the goods being missing, was found in the barn of a respected farmer, who stated he saw the prisoner take off the trunk. The time server was therefore ar- rested, put in jail, and he sent for Mr. Taylor. He protested that he was not guilty, and soon Mr. Taylor believed him. He swore he had kept his promise and would keep his promise. The case came to trial. Because of his past reputation, everything pointed to his conviction. The farmer was to go on the witness stand immediately after the noon honr. As the time grew


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nearer and nearer he grew very pale and nervous, and when the court was convened in the afternoon he took the witness stand and confessed that he, himself, and not the prisoner, was the guilty party. The happy ending of this story is that the accused man went back to his own township, established a good reputa- tion among his neighbors, was elected justice of the peace, which office he held for many years, and when he died was held in high esteem by all who knew him.


An elderly man who used to practice at the Trumbull bar says: "I remember the first time Judge Thurman came into our county to hold a session of the supreme court. Under the old constitution, judges of the supreme court went on the circuit also. and once a year one of them, with two common pleas judges, held a session of the supreme court in each county. The lawyers had gotten into a sort of slovenly, undignified course, not befitting the dignity of a court. Judge Timurman was six feet in height, of splendid physique, and one of the best dressed and best groomed men that I ever met. When he came into the courtroom that morning faultlessly attired, and with a dignity which matched his attire, with immaculate shirt front. collar and enffs, and took his seat between the other two judges, every lawyer was at attention ; and when he took out his silver snuff- box and placed it open on the desk before him, and laid his white cambrie handkerchief beside it, adjusted his enffs, opened the doeket, and, with a glance around the room which took in every lawyer preseut. said. 'If the gentlemen of the bar will give atten- tion, we will proceed with the call of the docket,' every lawyer did pay attention ; and thereafter there was no lounging with feet on the trial table, unseemly levity or want of decorum; and no lawyer thought of addressing the court without rising to his feet. The comt was revolutionized in half a minute, and the lawyers on their better behavior. And this continned. In fact. a court is such as a judge makes it."


Here is given a list of the men who have served Trumbull County as Common Pleas Judges :


1808-Calvin Pease. 1837-Van R. Humphrey.


1810-Benj. Ruggles. 1844 Eben Newton.


1815-George Tod.


1847-Benjamin F. Wade.


1830-Reuben Wood.


1851-George Bliss.


1833-Mathew Birchard.


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The above were elected by the legislators. The constitution of 1851 abolished associate judgeships, and judges were elected by men of the subdivision of the district. Trumbull, with Ma- honing and Portage, made the second subdivision of the ninth judicial district.


The Common Pleas Judges elected are:


1852-'57-Luther Day. 1886 -Albert A. Theyes 1857-'62-Benjamin F. Iloff- (vice Spear.) man.


1862-'67-Charles E. Glidden.


1867-'72-George M. Tuttle.


1868-'78-Philo B. Conant.


1871-72-Charles E. Glidden.


1877 Francis C. Servis.


1893 -Geo. F. Robinson.


1897-'99-Jas. B. Kennedy.


1899 to date-Disney Rogers.


1903-'08-E. E. Roberts.


1878-'86-Wm. T. Spear.


1908 to date-Chas. M. Wil-


1880-'87-George F. Arrell. kins. ยท


1886 -T. I. Gillmer.


There has never been but one person suffer the death pen- alty in Trumbull County. That was Ira West Gardner of Gus- tavus. He married Anna Bnell, a widow, who had a beautiful daughter of sixteen, Frances Maria. Gardner in 1832 tried to seduce this girl, and was repulsed. Fearing him, she went to the home of a nearby neighbor, staying there for some little time. At last Gardner sent word to her that if she would return home she would be safe. Needing some clothing, she took advan- tage of this offer, and Gardner, meeting her at the gap of the fence. phinged a butcher knife into her heart.


He was tried and convicted. Roswell Stone was the prose- enting attorney and Comfort Mygatt sheriff. He was escorted to the place of hanging by a great procession and band, Selden Haines being in command of the soldiers. People who had chil- dren away at school brought them home to witness the execution. We now wonder how these parents reasoned, but one of the young men who was thus brought many miles remembers that his father said he might never have another chance to see an- other hanging, and he was right. The children of the sixties were not like those of the thirties, for the former always shivered as they passed the corner of South and Chestnut streets on the way to cemetery, and dare not look towards the tree from which


1887-'97-Jos. R. Johnston.


1888 to date-Geo. F. Robin-


son.


1877-'80-Ezra B. Taylor.


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Gardner is supposed to have swung. Whether the tree was still standing at that time is not certain. Possibly children are like men and horses, less afraid where many people are congregated.


Sheriff Mygatt said that he did not believe he was going to be able to discharge his duty in the case of Gardner, but that he did work himself up to the point. He took the prisoner in his own carriage, led by Warren's first band, which played a dirge. The military organization formed a hollow square around the scaffold. Elder Mack, a Methodist minister, walked with Mr. Mygatt and the prisoner to the scaffold. A hymn was sung, in which the prisoner joined, and he was then swung to a great overhanging limb where he breathed his last.


Vol. 1-18


CHAPTER XVII.


INDIANS AS WARRIORS .- STATE MILITIA .- SOLDIERS OF 1812 .- SOL- DIERS OF 1861,-WARREN BENEVOLENT SOCIETY.


One of the hardest enemies any country has ever had was the Indian. He was treacherous, making contracts which he never thought to keep, and as the white man continued to despoil his hunting ground, he added hatred to his treachery. He did not come into the open, but crept upon the eamp quietly at night and massacred the sleepers. He shot from behind trees and bushes, on traveler and farmer. Because of his life in the open air he was strong, and he always carried his arms with him in his ordinary oeeupation. Ile knew how to get food from the forests with little trouble, and how to protect himself against cold and rain. The early settler of old Trumbull County soon learned to follow the red man's ways. He carried his gun to mill and to meeting, and, no matter how much the Indian might pretend friendship, he understood his nature, and dealt accord- ingly.


Before Ohio was a state, militia organizations were estab- lished, but the time between the coming of the first pioneer and the organization of Ohio as a state was so short that there was no general militia organization in old Trumbull County. The Ohio constitution divided the state into four military districts, and specific laws were passed in regard to them. Elijah J. Wadsworth of Canfield was elected major general of the fourth division, and Trumbull County was ineluded in that. General Wadsworth issued his first division orders in April, 1804. In this order he divided the fourth division of militia into five regi- ments. The First Brigade, ineluding Trumbull County, was divided into two regiments. Benjamin Tappan and Jonathan Sloan were appointed aides-de-eamp to General Wadsworth. At the military election of 1804 the list of officers which the 1st and 2nd Regiments eleeted inelnded some names familiar to the people of Trumbull County. Among these are Captain Nathaniel




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