USA > Ohio > Bench and bar of Ohio; a compendium of history and biography, Vol. I > Part 43
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that time to the present. The first partnership which he formed was the most important and enduring. It was consummated August 26, 1881, when he led to the hymeneal altar Miss Jennie Carey, daughter of Simeon B. Carey, a wholesale dealer in hardware at Indianapolis. This union has been blessed with two daughters-Blanche Carey, age eleven, and Lydia Ellen, age seven. January 1, 1894, he formed a partnership with Honorable Frank Hurd and Charles A. Thatcher, which was dissolved by the death of Mr. Hurd in 1896. Messrs. Brumback & Thatcher have continued in the partnership relation since Mr. Hurd's death under the old firm name of Hurd, Brumback & Thatcher largely as a token of their esteem for their old associate. Mr. Brumback has been retained in much of the most important litigation that has been entered on the docket of the Toledo courts since his connection with the Bar. Perhaps the most important in its effect upon his own future was one entrusted to him very early in his practice, and tried in the United States Circuit Court. The Van Wert National Bank brought suit against the United States Express Company for the recovery of ten thousand dollars received for delivery to the bank by the company and lost in transmission. Mr. Brumback was employed by the plaintiff, and the express company claimed the money was stolen from the package before it received it. The attorney for the express company, boldly argued to the jury that it was impossible for the money to have been extracted from the package while in the hands of the express company, since the seals remained intact and unbroken. But Mr. Brumback effectually answered that argument and won the case by deftly removing the seals and replacing them uninjured upon a like package. The ability displayed by the young attorney in the marshalling of evidence and the presentation of the case arrested the attention of the Bar and the public, and established his reputation as a remarkably keen, alert and resourceful lawyer for one of his years. That was practically the beginning. The case, which was of prime importance then, is remembered now merely as an incident, having been overshadowed by many cases of greater consequence tried since that time. Some of these deserve mention in this connection as examples : Toledo Electric Street Ry. Co. vs. Toledo Consolidated Street Ry. Co .; The Merchants' Cotton Press and Storage Co. vs. The Central Manufacturers' Insurance; Hunter vs. Lake Shore and Michigan Southern R. R. Co .; Terry vs. Same; Aller vs. The Cincinnati, Hamilton & Dayton R. R. Co .; Vany vs. R. B. F. Peirce, Receiver of the T. St. L. & K. C. R. R .; Van Dusen vs. Same ; Benson Bidwell vs. the Toledo Consolidated St. Ry. Co., involving the right to use the electric strect railway trolley ; Pcarce vs. Wellington R. Burt, Receiver of the Toledo & A. A. Ry. Co .; Hecter vs. Wabash Ry. Co .; William HI. Simmons vs. Toledo Electric Street Ry. Co .; Swan vs. Mansfield, Cold- water and Lake Michigan R. R. Co., involving half a million dollars, still pending. The litigation between The Toledo Electric Street Ry. Co. and The Toledo Consolidated Street Ry. Co., in which Mr. Brumback represented the former company, comprised from twenty to twenty five separate cases, brought one after another, and altogether constituted the most remarkable array of
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1 cases between rival railway companies ever tried in this country. The litiga- tion extended over a period of seven years, and has only recently been settled by a consolidation of the companies engaged in the controversy. Mr. Brumback now makes a specialty of actions for personal injury, and has pend- ing probably a hundred such cases in the several courts. He gave consid- erable attention to politics during the earlier years of his practice, and was elected to the Ohio legislature in 1885 as a Republican candidate. Real- izing that office-holding was not conducive to the highest professional success, and having a decided preference for the law, he declined a renomination, and has never since been a candidate or sought an office. His first and only polit- ical campaign attracted attention throughout the State. He made a great fight and was alone elected on his ticket, although handicapped by the oppo- sition of the Toledo Blade, the Republican newspaper controlled by D. R. Locke (Nasby), because he would not pledge himself in advance as to his course on certain public questions. As John Sherman was returned to the United States Senate through his success, the Republicans having only one majority in the legislature on joint ballot, he received, as he deserved, the congratulations of prominent leaders of his party in all parts of the country. When the Standard Oil Company opened its batteries on Toledo, Mr. Brumback was one who stood for the people against the disastrous influence and consum- ing greed of monopoly. He may always be relied upon as the champion and defender of popular rights, as well as of the lowly and oppressed, whenever and by whomsoever they are assailed. Orville S. Brumback has a high stand- ing among his brethren of the Bar, and his popularity in the community is general. In social intercourse he is frank and genial. His manner is unob- trusive and marked by a gentle courtesy, without any display of that "rich varnish of graciousness and favor" peculiar to the patronizing. He never swerves from his purpose to secure popular applause. He is a ripe scholar and a pleasing public speaker, having a copious and versatile vocabulary for the construction of a logical argument or the polishing of a rhetorical period. Perfectly conversant with current events and thoroughly alive to the impor- tance of public affairs, his character is without reproach and his integrity unimpeachable. He is a member of the Sigma Chi college fraternity, and is a Mason and Presbyterian.
RUFUS H. BAKER, Toledo. The subject of this sketch is the son of the late William Baker, whose biography is published in this volume. He was born in Toledo, September 25, 1858, of parents who were both natives of Ohio. His parental lineage is English and his first American ancestor settled in Massa- chusetts about the middle of the seventeenth century. His grandfather, known generally as Judge Baker, became a pioneer settler of Norwalk, Ohio, in 1817, and occupied the Bench of the Court of Common Pleas as an associate judge for several years under the first Constitution. Rufus was educated in · the public schools of Toledo and in Williston Seminary, Easthampton, Massa-
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chusetts ; entered the Law School of Columbia College in New York City and was graduated with the class of 1879. He was admitted to the Bar in the fall of the same year and first engaged in practice with his father, by whom he was received into partnership a few months later, viz., in January, 1880. Throughout the course of his reading he had given special attention to real estate law, and both in his primary studies and his early practice adhered closely to the lines laid out by his father. During the second year of partner- ship with his father Barton Smith was admitted into the firm, which thereby became Baker, Smith & Baker. and so remained until the death of the senior partner in 1894. Since that time the firm of Smith & Baker has continued in the general practice. Mr. Baker's close application and careful study gave him a critical knowledge of the law, and he has a reputation for close reason- ing and discriminating knowledge of its technicalities. His pleadings are drawn with exceptional nicety, leaving nothing to be added essential to their clearness, and containing nothing which could be eliminated without impair- ing their strength. He is the financial correspondent in Toledo of the Con- necticut Mutual Life Insurance Company, and his accurate knowledge of titles and sound judgment qualify him admirably for the duties of such a position. He was educated to the work, as he only succeeded to the position his father had held for many years. He is skilled in all matters appertaining to loans as well as realty titles, and is very accurate in the knowledge and practice of com- mercial law. He is methodical and systematic and his papers are both neat and strong. He is a man of strictest integrity. His word is accepted without question or doubt. His high character is sustained by an irreproachable life. He is a cautious and discreet man, safe and reliable as a counsellor. He does not reach a conclusion hastily or state it rashly ; but proceeds carefully and makes a conservative statement. During most of his life Mr. Baker has been connected with the Baptists and now has membership in the First Bap- tist Church of Toledo. He was married January 16, 1883, to Miss May W. Howard, and has three children-Bessie, aged twelve ; Pauline, ten; and Her- bert II., eight years.
WILLIAM HENRY HARRIS, Toledo. William H. Harris is of English and Holland extraction. His paternal ancestors lived for many generations in England, and the American branch of the family was founded while the colo- nies were still young. His mother belonged to a Pennsylvania Dutch family. Both his parents and himself are natives of Muskingum county, Ohio. He was born January 1, 1845. Up to that time his father had been engaged in farming and continued to follow the same pursuit for ten years afterwards, when he took up the occupation of school teaching. For some time he con- ducted district schools in the country and then removed to Zanesville, where he continued to teach in the schools of that city until he reached an advanced age. The subject of this biography, like most farmers' boys, received the rudiments of his education in the country schools. In fact he was regular in
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his attendance at the district school until seventeen years old, when, being qualified, he began teaching during the winter months, continuing his work on the farm during the remainder of the year. While still in his minority he took a course of study in a Cincinnati commercial college, which ended his scholastic education, at least in so far as it has been acquired in schools. Ar- riving at the responsible age of twenty-one, he secured a position as book- keeper for the wholesale and retail drug house of W. A. Graham & Co., of Zanesville, and remained with the firm three years, or until 1869. At this time he accepted a similar position in Mansfield, which he filled until 1876. In that year he settled in Toledo, as book-keeper for the Toledo house of the firm by which he had been employed in Mansfield, and remained with them until 1878. Several years prior to this time he had formed the purpose of studying the profession and engaging in the practice of law, and in the interval he had been reading the important text-books under the direction of some of his profes- sional friends. At the time of giving up his commercial position he was, therefore, qualified for admission to the Bar and was admitted to practice on the 14th of August, 1878. His experience in trade and his mental maturity enabled him to take hold of the practical business of a lawyer with much greater facility than is usually exhibited by the young practitioner without any varied experiences. His first partnership was with Colonel H. S. Bunker, under the style of Bunker & Harris, which continued about a year and was dissolved by mutual consent. Soon afterwards he formed a second partnership with Almon Hall, which was maintained for a period of three years. He then entered into a partnership with Charles J. Swan and Robert W. Barton, under the style of Swan, Harris & Barton. After remaining two years as a member of this firm he withdrew and continued practice alone for a year. Then he entered into a partnership . with Johnston Thurston, forming the firm of Harris & Thurston, which con- tinued ten years and three months and was dissolved July 1, 1896. There was no disagreement between the partners, and the only reason alleged for the dissolution of their partnership relations was the desire of Mr. Harris to take into association with him his son, Harry W. Harris, who will be received into partnership after the completion of his law studies, in the office and under the tutelage of his father. Mr. Harris has during all the years of his practice devoted himself particularly to commercial, municipal and corporation law, and has carried on a general practice in all classes of civil cases. He is so thoroughly versed in the authorities relating to his special branches of the law as to be an accepted authority upon the validity of municipal bonds, and dif- ferent branches of commercial and municipal law. He is also particularly strong in cases involving the partition and distribution of estates and kindred matters which require accurate knowledge of the laws of descent and titles to property. He has the necessary acumen to understand the rights of parties involved, and the sense of justice to insist upon the impartial administra- tion of law. In politics Mr. Harris is not especially active, but is strong in his allegiance to Republican principles. He is a man of excellent moral char-
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acter, strict integrity and undoubted probity in all the affairs of life. He is therefore held in high estecm by the community. He was married October 11, 1871, to Miss Mildred L. King, of Mansfield, Ohio, and has two sons, Harry W. and Hugh King Harris.
BENJAMIN F. JAMES, Bowling Green. Benjamin Franklin James is one of the prominent younger attorneys of northern Ohio, being senior member of the firm of James & Beverstock, of Bowling Green and Toledo, Ohio. He is a native of the State and was born April 30, 1863, ncar Mount Gilead, Morrow county. His parents, William D. James and Sarah Meredith, were both natives of Ohio. His paternal ancestors were Welsh, and his great- grandfather, James, emigrated from Wales to the United States with his family, coming directly to Ohio about the beginning of the present century, and settling near the Welsh Hills, in Licking county. His father was born in Morrow county in 1815, near Chesterville, where he spent his entire life as a farmer and stock dealer, living until May 13, 1875. The Jameses were among the earliest settlers of Licking county, and later of Morrow county. His maternal ancestors were English and his mother's grandparents, named Farmer, left the mother country and came over to Baltimore in the early part of this century. His maternal grandmother came west to Chesterville, Ohio, where she married William Meredith, a man of English descent. His mother lived until September 27, 1894, and died at the age of seventy-six years on her home farm, near Mount Gilead, after a continuous residence there of fifty-four years. The death of his father cast Mr. B. F. James upon his own resources largely, at the early age of twelve years. He attended the country schools in the township where he was born, until he reached the age of fifteen, and then entered the high school at Chesterville, in which he remained for two years. Upon leaving that in 1880 he entered the Freshman class of the Ohio Wesleyan University, at Delaware, continuing in attendance there for two terms. He then entered the same class in Dennison University, at Granville, where he con- tinued his studies for three years, going thence to the University of Chicago. He was graduated from this University June 11, 1884, with the degree of Bachelor of Arts. The year immediately succeeding his graduation he was professor of Latin and Greek in Burlington College, at Burlington, Iowa. The presidency of this institution was offered to him and declined, because of his desire to take a post-graduate course at Yale. He had for some time cherished the purpose to finish his literary education in one of the old and popular east- ern colleges on account of the greater advantages offered there, no less of association than of the larger facilities and equipments in the way of libraries, museums and special courses. At New Haven he pursued selected studies of a literary character and prosecuted also the study of law, in which he completed a two years' course. He was graduated and received from Yale the degree of Bachelor of Laws. Immediately afterwards he settled in Bowling Green for the practice of his profession, and has resided there continuously, but has a
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law office in Toledo also. He was admitted to the Bar of Ohio October 5, 1887, after an examination before the Supreme Court, and formed a partnership for practice with Judge Guy C. Nearing, under the firm name of Nearing & James. This partnership was continued until the election of Judge Nearing to the Bench in 1890. After that Mr. James carried on his law business alone until November of the same year, when the firm of James, Taber & Bever- stock was formed. This association remained unbroken until 1892, since which time the firm has been James & Beverstock. The firm of which Mr. James is the head, and the one of which he was a member during the first years after his admission to the Bar, has conducted much of the important litigation in the neighborhood of Bowling Green since 1889, and has gained an excellent reputation from its conduct of large civil and criminal cases. He has been a Republican all his life, as his father was before him from the organization of the party. He has not been a silent member, but his activity at all times has indicated a lively interest in politics and a desire for partisan success. In 1890 he was elected city solicitor of Bowling Green, which he resigned in Novem- ber of the following year, upon his election as representative in the State leg- islature. He was re-elected to the office of representative in 1893, after one of the hottest political contests ever fought in Wood county. During the first session of which he was a member he had introduced and pressed to its pass- age a bill for the erection of a new court house in his county. It was a large undertaking for a new member, but he was successful, and as the public work naturally increased taxation he was required to answer for it in giving an account of his stewardship in a canvass before the people for re-election. In 1890 he was chosen vice-president of the Ohio Republican League, and in 1891 he was elected vice-president of the National Republican League of the United States. He is at the present time a member of the executive committee. As indicated already, Mr. James was a poor boy, without the ready means to pay the expenses of his higher education. He borrowed some money of his brother and some more of his aunt, all of which was repaid out of his own earnings after he became established in his profession. He is a member of the Masonic fraternity, a Knight Templar, and has taken all the degrees of the Scottish Rite, to and including the thirty-second degree, belonging to the Cincinnati Consistory. He is a member of the Baptist Church, by heredity and personal relation. The members of his family for generations have belonged to that church. The following characterization from a judge who has known him intimately will be accepted as a professional estimate : "Mr. James began the practice of law at Bowling Green in 1887 and very early gained prominence at the Bar. Applying himself with great zeal to the duties of his profession, and by rich stores of information and faculties well disciplined in habit of close and accurate reasoning, his industry and skill in the preparation and trial of causes soon attracted attention. With an ability and quickness to see and take advantage of important points, and possessed of a genial spirit and uniform courtesy, he is strong with the jury ; his promptness in the performance of whatever he undertakes is highly satisfactory to his clients."
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JOHN W. CANARY, Bowling Green. The subject of this biography is of Irish descent, although a native of Ohio. He was born at Cleveland July 5, 1843. His parents were John P. and Catharine Plunkett, both of whom died while he was a child. The fact of his bearing a different name from that of his parents came about through a freak of boyish impetuosity and inexperi- ence. After the death of his parents he was thrown on his own resources and taken into the family of a farmer in Lorain county, Ohio. At school and in the neighborhood the boys made puns on his paternal name. He was annoyed and irritated by this constant badgering to such an extent that his youthful imagination interpreted the patronymic, and Irish origin it indicated, as something very undesirable, and he changed it to the name which he now bears. At the time of the death of his parents he had a brother and sister living, but the children were then separated and have never again met. He lived with the family of Alonzo Wright, a resident of Lorain county, until he , was twelve years of age, attending the public schools of the district when they were in session. At the age of twelve he was taken to Crawford county to live with a son of Mr. Wright, Rev. Charles Wright, but remained with him only one year. His next home was with Mr. Arthur Andrews of Crawford county, with whom he lived until he attained his majority, and some time after. He had passed through the public schools and spent one year in Bald- win University, at Berea, when the civil war broke out. Responding to his country's call, he enlisted in Company A, Eighth Regiment Ohio Volunteer Infantry, for the three months' service. Before the expiration of his term he re-enlisted for three years. The first active service of his command was in West Virginia, where the regiment fought and skirmished its way through to Winchester, participating in all the battles in which the divisions of Generals Shields and Landers were engaged. Later they were attached to the Army of the Potomac and continued with it until discharged. At the battle of Port Republic, Mr. Canary was taken prisoner and held for three months, during which time he saw the inside of a number of southern prisons, among which was the famous Belle Isle. He was paroled and joined his command again in January, 1863. He took part in the battles of Chancellorsville and the three days' fight at Gettysburg. His regiment was sent to New York City in the fall of 1863, where it remained while the draft was being enforced. Return- ing to the Army of the Potomac, he took part in the battles of the Wilderness, Spottsylvania, Cold Harbor and the assaults on the works at Petersburg. In June, 1864, the term for which the regiment had enlisted expired, and he was mustered out of the service. Returning home, he began the study of law in the office of Honorable Cooper K. Watson, for some years a member of Con- gress and one of the ablest lawyers of the State. IIc continued his studies there until he was admitted to the Bar, in the fall of 1867. He began practice at Tiffin, but remained there only a short time when he removed to Bowling Green, in the spring of 1868. From that time until the present he has prac- ticed in the Wood county Bar without intermission. He was first associated with HI. S. Seiple for one year ; with Alex Brown two years ; with Tyler,
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Canary & Harrison several years, and with Major J. R. Swigart for a term of years ; after which he practiced alone for some time. In 1889 he formed a partnership with Judge Dodge that has continued to the present time. Mr. Canary was elected prosecuting attorney of Wood county in 1869 and served two years. He was chosen to the mayoralty of Bowling Green in the spring of 1881, holding the office one term. One of the first very notable cases in which he was employed was the prosecution of David Phillips, for the murder of one Charles Landy. The case attracted wide attention. Phillips was con- victed of murder in the second degree and sent to state's prison. He has for many years been engaged in most of the important litigation in Wood county. He is prominent in fraternal circles; is a member of the Masonic order, Knights of Pythias, Grand Army of the Republic and the Royal Arcanum, holding a high position in each order. He has since 1874 affiliated with the Democratic party. He was a Republican through the war and reconstruction period, but could not follow them in their financial teachings. He was the nominec on the Democratic ticket for State senator from the Thirty-third District, in 1891, but his party being in the minority, was defeated. He lias been several times presented by his county for Congress. He was married in 1867 to Miss Celia E. Duncan, daughter of Washington and Eliza (Gibson) Duncan, of Crawford county, her mother being a sister of General W. H. Gibson, the silver tongued orator of Ohio. They have four children living, two sons and two daughters. A practicing lawyer of the circuit, who is inti- mately acquainted with the subject, makes this answer to the request of the editor for information :
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