USA > Ohio > Bench and bar of Ohio; a compendium of history and biography, Vol. II > Part 28
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" WASHINGTON, D. C., February 6, 1871.
"Dear Judge :- Allow me to congratulate you on your splendid charge to the jury at the close of the Galentine case. The whole country owes you a debt of gratitude for brushing away the wicked absurdity which has lately been palmed off on the country as law, on the subject of insanity. If the thing had gone much farther all that a man would need to secure immunity from murder would be to tear his hair and rave a little and then kill his man. I hope you will print your opinion in pamphlet form and send it broadcast to all the judges in the land. Very truly yours, J. A. GARFIELD."
The portions of the charge which created the most comment are as fol- lows : "If you should find that the defendant was overwhelmed by any real or supposed provocation which for the moment deprived him of all power to control his action and incapable of reasoning or deliberation, then inquire, did the defendant by indulging passion, by meditating revenge and cultivating malice toward the deceased for real or fancied provocation, voluntarily pro- duce the inability to reason, reflect, deliberate and control his will, or was he rendered powerless in these respects by the circumstances surrounding him, and for which he was not responsible ?" The judge continuing says he does suppose one with malice in his heart to commit crime can voluntarily become intoxicated to a point beyond self-control and then commit crime with impu- nity. "Nor do I suppose one * * * can make fancied or real provo- cation, however great the occasion, for voluntarily entertaining malice and revenge, and thus cultivating a disposition to execute vengeance, until his pas- sions have become too forceful to be controlled by his will and judgment and
The Century Publishing & Engravina Co Chicago.
W . Williamson?
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in this condition take the life of the subject of his hatred with impunity. To my mind to hold thus would be to offer a premium on depravity and encour- age the cultivation of the worst elements of our nature."
The broadest form of the proposition laid down by Judge Paine is this, that a person cannot for any cause voluntarily through mental or other process permit himself to lose his self-control and commit acts for which at the moment he is irresponsible and not be held responsible in law. In politics-a subject which always demanded of Judge Paine the greatest interest-he was originally a Whig, becoming an ardent supporter of the Free-soil party in 1848. He was a Republican almost from the inception of the party, and was one of the delegates to the National convention which nominated Abraham Lincoln for President in 1860. In the Grant-Greeley Campaign of 1872 he supported the latter for the Presidency and afterwards his affiliations were with the Democratic party. Judge Paine was a man of forceful character, incapable of half-way measures. He was strong, energetic, full of resources and never awed into hesitancy by any obstacle. Nothing was too much for him to undertake, and nothing he undertook was a failure. With a very intense nature he was at times severe, but never unjust. As a judge he was fearless and impartial, with a mind masterful in seizing upon the point presented and quick in decision. As a lawyer in court he was aggressive and strong and lost his cases, when he did lose, as a good soldier may lose a battle. As a coun- sellor he was wise and cautious. He was a ready speaker, a good debater, logical in argument and blessed with a keen sense of humor with which he could easily "point a moral or adorn a tale." He was first married to Miranda Hazen, of Garrettsville, in August, 1846, by whom he had one child, a daugh- ter, Miranda H., who is now Mrs. Oliver P. Demuth, of Cleveland. Mrs. Paine died in August, 1848, and in 1853 he married Mrs. Cornelia H. Harris (nee Gridley) of Cazenovia, New York, who bore him three sons : Robert F., Jr., now editor-in-chief of the Cleveland Press ; James W., of Cleveland, and Findley W., of Syracuse, New York. Judge Paine's second wife died in 1870, and in May, 1872, he married Delia Humphrey, of Summit county, Ohio, who still survives. He died September 23, 1888, after a lingering and painful illness.
SAMUEL WILLIAMSON, Cleveland. The late Samuel Williamson was born March 16, 1808, and died January 14, 1884. He was a native of Crawford county, Pennsylvania, and the eldest of the seven children born to Samuel Williamson and Isabella McQueen. The family settled in Cleveland in 1810. Samuel Williamson, Senior, possessed in marked degree the qualities essential to success in a new and progressive settlement. He was well informed, honest, energetic, far-seeing and public-spirited. While prospering in his private business he contributed materially to the upbuilding of the city and conserva- tion of the community interests. He served long and faithfully as a justice of the peace, and was also an associate judge of the Court of Common Pleas.
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He lived until 1834, and was carrying on the business of tanner and currier in partnership with his brother during the whole period of his residence in Cleve- land. Samuel Williamson, the principal subject of this biography, coming to the city when a child of two years, attended the public schools from the time he was old enough to be enrolled until he was eighteen years of age and pre- pared for college. He then entered Jefferson College in Washington county, Pennsylvania, in which he pursued the regular course, and was graduated in 1829. He had already decided upon the profession of law, and immediately after graduating began a course of reading in the office of Judge Andrews, than whom no student of law ever had a more competent, sympathetic instructor. He remained with Judge Andrews two years and became deeply learned in the philosophy and principles of the law. He was admitted to the Bar in 1832, and formed a partnership for practice with Leonard Case, which was maintained for two years. In 1834 he was elected auditor of Cuyahoga county, and held the position eight years. The auditor's office is a fine school in which to acquire knowledge of land titles in the county, if the incumbent is inclined to improve his opportunity. Mr. Williamson devoted himself to the study, and thus laid the foundation for that thoroughness as a real estate and title lawyer which characterized all of his subsequent practice at the Bar. Upon the expiration of his service as auditor he resumed the practice in part- nership with A. G. Riddle, and the association was practically unbroken for a period of nearly forty years. In 1872 Mr. Williamson gave up his court practice, and indeed all of the arduous labors of professional life, and devoted his personal attention to the executive management of the Society for Savings, whose president he had been for several years. In this position of semi- retirement the last twelve years of his life were passed pleasantly. During the period of his active connection with the Bar he gave much time to the duties of public office. He served at various times as member of the city council, of the board of education, of the State board of equalization, of which he was president. He also represented Cuyahoga county in the State legis- lature in 1850, and in 1862 was elected to the State senate. In every official station his clear and comprehensive understanding of the duties required, and his conscientious performance of every duty gave to his public service an inestimable value. His intellectual originality was such that he could not be content to leave things as he found them, if it were possible to make them better. As a member of the board of education, for example, his activity was conspicuous in securing improvement in methods, whose operation brought better results. His hearty sympathy with popular education by the State gave to his service in that behalf the character of a labor of love. His heart was in the work. He was so earnest and so sincere in any undertaking that he would decline employment in a case which did not permit the exercise of earnestness and sincerity. His conscience was so sensitive as to protest against success in a bad cause. From the memorial meetings of the Bar and other organizations the materials for this biography are procured. It is only necessary to summarize the statements and report the consensus of opinion
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expressed by his brethren. Mr. Williamson was never accredited with the shrewdness which some lawyers cultivate-the disposition to take advantage of a lapse or an error in order to win a case. He sought rather to discover the merit in a controversy and press his contention upon the ground of deserving success. He was regarded as reliable authority on mooted questions of law, because he never expressed his opinion without first acquiring a complete understanding of the subject and deliberately solving the question in his own mind ; and then his mental integrity compelled an honest answer. He was so reliable, and his reputation so well established, as frequently to save a court the trouble of investigation. His old preceptor, Judge Andrews. while on the Bench, was accustomed to say, "If Mr. Williamson has looked this matter up and arrived at a conclusion his simple word on the question is good enough for me ; he never makes a mistake." The preponderance of opinion among members of the Cleveland Bar assigned to Mr. Williamson first place as coun- sellor, or an authority, upon all questions involving title to real estate. He was so learned in these matters that his counsel or the expression of an opin- ion probably avoided much litigation. Judge Ranney said of him :
" He came to the Bar with no extraordinary or adventitious circumstances to give eclat or introduce him prominently before the public. He possessed none of those rare elements of genius and oratory which are sometimes used to obtain temporary reputations, at least, and elevate men to high positions. His strength consisted in the fact that from the beginning to the end he brought to the discharge of duty labor, integrity, industry and fidelity to all the great trusts that had been imposed upon him through a long life. Whether as a practicing lawyer, a county officer, a legislator, or, finally, during the last years of his life, presiding over one of the largest institutions of our city, with immense responsibilities to the poor and those of small means, he has travelled through life without leaving a suspicion upon any man's mind that in the dis- charge of any of the duties which these places imposed, he has not been faithful and honest to the utmost. * * No man's example can be more * safely presented to the young to follow than that of Mr. Williamson."
He came to the Bar in the early history of Cleveland and brought with him large and varied ability, habits of sobriety, of patient, continuous industry, and a character of sterling integrity which were at once recognized, and which identified him with the promoters of the growth and welfare of the community. He was a good advocate, a cautious, wise and safe counsellor, and was especially learned in equity and in all law respecting real property. In the practice of the law he was laborious, painstaking, sympathetic and generous. In his long and useful career he merited and possessed the respect and confidence of the entire Bar. This represents the judgment of his professional associates. It may be added that the respect, esteem and rever- ence for the man increased as the relations with him became more intimate. The frequency with which other lawyers called upon him for an opinion attested his preeminence as a counsellor, and the acceptance of his opinion as conclusive attested their confidence in his wisdom and the soundness of his judgment. If he was not a brilliant advocate he was certainly a success- ful one. The candor and sincerity of his statement, supported by a personality
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that stood for all that is true, honorable, upright and of good report, carried more weight with a jury than mere rhetoric or impassioned oratory. For more than twenty years he was president of the society of the First Presby- terian Church and yet never made a public profession of Christianity. What is of greater consequence, he lived it. He was an examplar in his daily life, performing his duties as he came to them, whether they appertained to the large affairs and great trusts he assumed or the little things encountered every day. He was just as faithful and just as conscientious in the latter as in the former. Simple and unobtrusive, kindly and benevolent, just and upright, his life, covering three-quarters of the century, was irreproachable and the memory of it is sweet to his friends. The harmony between his inclina- tions and purposes was perfect and lasting. His moral and intellectual facul- ties were attuned to the same pitch, so that for the accomplishment of an undertaking all of his powers could be united. Young lawyers loved him not more for his helpfulness than for the spirit with which he met their inquiries and rendered the assistance. His tact and patience, his evident interest in their advancement, gave him a hold upon their affections. Though naturally reserved in manner his intercourse with all was marked by a genuine urbanity. The record of his deeds and the analysis of his character may not decorate the pages of history with as much coloring as the achievements of a hero possessed of more showy genius, but they strengthen the generations that come after, as they bettered the generation in which he lived. Mr. Williamson was a man honored, trusted and beloved in all conditions and circumstances ; but in his home he was animated by the gentle, tender spirit that adorns and glorifies the holy relations of husband and father. He married Mary E. Tisdale of Utica, New York, in 1843, and reared a family of three sons : Judge Samuel E. Williamson, of Cleveland ; George T. Williamson, of Chicago, and Rev. James D. Williamson, of Cleveland.
SAMUEL E. WILLIAMSON, Cleveland. Samuel E. Williamson is a native of Cleveland, where he was born April 19, 1844. His parents were Samuel Williamson and Mary E. Tisdale. His father, a native of Pennsylvania, had settled in Cleveland in 1810 as a boy, when the State was young and the beau- tiful city of the lake was no more than a village. He became a lawyer, a man of affairs and influence in the community. The early life of Samuel E. William- son was therefore highly favored, and he made excellent use of his opportunities. He attended the public schools until sixteen, when he was prepared to enter. the Western Reserve College. Upon completion of the course in that institu- tion he was graduated in 1864 at the age of twenty. In his father's office he took up the study of law, which was pursued diligently for the next two years, until he had obtained a good knowledge of the elemental principles and became familiar with the great commentaries and other standard text-books. In 1866 he went to Cambridge and spent a year in the Law School of Harvard
PHOTOCHAAUNE C
G. G. Herick
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University. In the meantime, when at home in vacation, he passed the exam- ination before the Supreme Court and was admitted to the Bar of Ohio. In February of the year 1867 he was admitted to partnership with his father, and at once began the practice of law. Some years later he became associated in partnership with T. K. Bolton and sometime later with J. E. Ingersoll. The last association was maintained until 1880, when Mr. Williamson was elected Judge of the Court of Common Pleas. He was inducted into the office and served on the Bench about two years, when he resigned in order to accept the more lucrative position of general solicitor of the New York, Chicago & St. Louis Railroad Company. He preferred the active practice of the law, espe- cially that branch of it which relates to railroad corporations. His record as judge was clean and honorable ; his superior qualifications for the duties were acknowledged, and his opinions embodied his views of the law obtained by conscientious investigation. He might have remained on the Bench for a long period with satisfaction to the Bar and the public, but the salary of the judge was not equal to the salary of the counsellor, and the duties of the latter are compatible with a larger degree of personal freedom and inde- pendence of action. Judge Williamson has held the position of general coun- sel of the railroad mentioned (commonly called the Nickel Plate) for the last fifteen years. He is a lawyer of high standing and a man of most exemplary . habits, holding the estecm of his brethren at the Bar and the unqualified respect of the community. He is a patron of education and at the same time is wedded to his profession. In 1897 Western Reserve University conferred upon him the honorary degree of LL.D. He is one of the trustees of that University and of Adelbert College, and takes a deep interest in the manage- ment of both institutions. He is president of the University School and has membership in the American Bar Association as well as the Ohio State Bar Association. Judge Williamson has been married twice, the first time, in 1878, to Mary P. Marsh, who died in 1881, leaving two daughters; the second time, in 1884, to Harriet W. Brown, who is the mother of his son and is still living.
G. E. HERRICK, Cleveland. Gamaliel E. Herrick was born January 17, 1828, at Wellington, Lorain county, Ohio. His father, Ephraim Herrick, who was a farmer, and his mother, Chloe Louise Willcox, were both from Berkshire county, Massachusetts, and their English ancestors were among the early settlers of Massachusetts. On the paternal side he is of Revolutionary stock. His grandfather, Francis Herrick, was a colonel in the war of 1812. His early education was received in the district and select high schools, after- wards entering Oberlin College, but sickness prevented his completing his college coursc. When he was convalescent he received a very flattering offer to engage in mercantile business, devoting two years to it. Having a natural inclination to law, and a father who believed in allowing his children to choose for themselves their own occupation or profession, he entered the
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office of Honorable Sherlock J. Andrews, who at that time was conceded to be the greatest advocate in northern Ohio, and occupied first rank in the State as a lawyer. He was admitted to the Bar at Mount Vernon in 1852, and at once entered into active practice. Opening an office by himself, he continued alone for three or four years. Business had accumulated so rapidly that he was forced to take a partner. He thereupon formed a partnership with General Merrill Barlow, which continued until politics took General Barlow out of practice. In 1873, Mr. Herrick formed a partnership with his brother, Colonel J. F. Herrick, which continued for fifteen years. He has since practiced alone. His practice has been varied, but always of a most absorbing nature. In the earlier years at the Bar he had a large amount of litigation, but in later years it has been largely corporation law, and the management of large estates. There are three estates that have been under his management for an average of more than twenty-five years, and they are still in his hands. He has much to do with litigation affecting property rights. Some years ago he was counsel in two cases of great importance which established the principle that one owning real property in a city has a valid property interest in both light and air from the street. He was president of the Cleveland Linseed Oil Company for about fifteen years, and is now chairman of the board. For a ยท number of years he was attorney for the East Cleveland Railroad Company. In politics, Mr. Herrick has always been a Republican, but never an office- seeker or office-holder. He is a man of great executive ability, and his advice and aid are much sought where large interests are invoved. He has been an active and devout member of the Presbyterian Church, and is now president of the board of trustees of the First Presbyterian Church. He was one of the original members of the Union and Country Clubs. In 1860 Mr. Herrick married the daughter of his preceptor, Miss Ursula M. Andrews, and by the Union five children were born, three of whom are living, one son and two daughters. His son, Frank R., is a rising young lawyer, devoted to his pro- fession. He is a member of the firm of Herrick & Hopkins. Mrs. Herrick is dead.
JAMES M. WILLIAMS, Cleveland. James M. Williams was born in Plain- field, Coshocton county, Ohio, July 22, 1850. His father, Heslip Williams, a leading physician of Coshocton county, was a native of Ohio, and a member of the House of Representatives of this State in 1845 and 1846, and of the Senate in 1854 and 1855. His grandfather, Levi Williams, was a native of Staunton, Virginia. He came to this State with General Wayne's army at the time of the establishment of the Greenville treaty line. He was a captain in the ser- vice, and on their march West the army encamped where the public square of Cleveland is now located. His great-grandfather, David Williams, and his great-great grandfather, Richard Williams, were both in the Colonial Army during the War of the Revolution, and were in General Washington's army at the surrender of Yorktown. His ancestors on the paternal side came originally
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from England, settling in Virginia. His mother, Charlotte Miskimen, was also a native of Ohio. Her father, James Miskimen, came to Ohio in 1803 from Washington county, Maryland. He was of Scotch-Irish ancestry. Mr. Will- iams's education was obtained in the common schools of his native county, at the Newcomerstown, Ohio, high school, and at Allegheny College, Meadville, Pennsylvania, where he graduated in the class of 1873. He studied law in the office of Judge J. C. Pomerene, of Coshocton, and was admitted to the Bar in September, 1875. He practiced law at Coshocton until 1888, when he removed to Cleveland. He enlisted as a private soldier in company C, Third United States Cavalry during the late civil war, when he was only thirteen years old, and served in campaigns in Tennessee, Mississippi and Arkansas. In 1883 Mr. Williams edited the Revised Statutes of Ohio, in three volumes, which was afterwards adopted by the general assembly and furnished to the judiciary and all the other State and county officers. In 1885 he was elected a member of the House of Representatives of this State, as a Democrat, serving for two years. While in the legislature he was a member of the committees on judi- ciary, revision of the laws, and public works, and was chairman of the special committee which prepared a code of parliamentary law for the Ohio House of Representatives. He drafted the statute passed in 1885 providing for the organization and jurisdiction of the Circuit Courts of the State, and the con- stitutional amendment adopted in the same year changing the time of holding the State elections from October to November; also the proposed constitu- tional amendments submitted in 1889, providing for biennial elections and for single legislative districts. He is the author of the laws, passed in 1887, defin- ing the rights and liabilities of husband and wife ; how a married person may sue and be sued in courts of record ; and exempting every honorably discharged soldier from the two days' labor then required on the public highways. Mr. Williams is well known as a practitioner before the Supreme Court of Ohio. He has appeared frequently before that court in causes involving important constitutional questions. His arguments have always been characterized by clear and forcible statement, searching analysis, and great argumentative power. In the notable case of Cope vs. Foraker, governor, the issue was the adoption or rejection of the biennial elections' amendment to the Constitution ; and the plaintiff applied for a writ of mandamus to compel the governor to declare by proclamation the amendment adopted, because it received a majority of the votes cast directly on the question, though not a majority of all the votes cast at the election. The utmost interest was felt in the decision, and few abler and more ingenious arguments were ever made before the Supreme Court than that of Mr. Williams in behalf of the adoption of the amendment. Equal praise was elicited by his argument before that court in the application for a mandamus in State vs. Sawyer, sheriff of Cuyahoga county. The points made by Mr. Williams, in a masterly argument, were sustained, and the unanimous decision of the court was, that proclamation must issue, and four Common Pleas judges be clected for Cuyahoga county, with the other county officials, in November, 1889, instead of 1890. Mr. Williams was married in 1879 to Miss Mary S. Brockway, of Chautauqua county, New York, and by this union they have one child, a daughter.
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