USA > Ohio > Bench and bar of Ohio; a compendium of history and biography, Vol. II > Part 36
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mother of Judge Johnston met and married in Mahoning county. He was brought up on the farm and acquired the rudiments of an education at the public schools, afterwards attending the academy at Canfield, and still later the academy at Jackson. He was about completing his course at the latter academy when the war broke out in 1861, which so aroused his patriotism that he at once relinquished all further thought of study, threw up his books and enlisted in Company E of the Second Ohio Cavalry. He served over three years in the war, bearing all the hardships and dangers heroically and uncomplainingly, contented to make any sacrifice and endure all privations for the cause in which his heart as well as his services were enlisted. It was not thought of fame or of promotion to be gained that actuated him ; he cared little or nothing for these; he was moved by the deepest sentiments of loyalty to his country and devotion to the cause of freedom. These were his incen- tives, and these were the motives that impressed him to abandon everything else with the determined purpose of giving all his aid and strength to the cause until victory was achieved. He served the greater part of the time with the army of the frontier and with the army of the Missouri. During the last eighteen months of the war he was in the Twenty-fifth Ohio Battery as second lieutenant. During a part of his service, for some six months, he was brigade adjutant, and throughout the entire service displayed great tenacity of pur- pose, determination. firmness and courage. He was mustered out in Septem- ber, 1864. and in October of the same year returned to Canfield, and at once commenced the reading of law with Judge Giles. Van Hyning. He was admitted to the Bar September 12, 1866. He was immediately elected judge of the Probate Court for Mahoning county, to which office he was re-elected, serving until 1873. He then formed a partnership with his former preceptor, Judge Van Hyning, which lasted until the death of the latter in 1884. He then continued the practice alone until 1886, when he was elected judge of the Court of Common Pleas. At the expiration of his term he was re-elected, and thus served ten years upon the Bench, retiring in 1897, when he resumed the law practice in Youngstown. In 1875 he was elected to the Ohio Senate and re-elected in 1877, serving two terms terminating in 1879. In the Senate he was a patient and hard working member of the judiciary committee, and gave invaluable aid during the codification of the Ohio laws, which took place at that time. He prepared and introduced the "limited partnership laws" which now adorn the statute books of Ohio. He did not, however, have the pleasure of seeing those become law during his term in the Senate, as they failed of passage upon the first effort. They were afterwards taken up and passed. Judge Johnston was one of the incorporators of the Northeastern Ohio Normal College at Canfield, a prominent and flourishing educational institu- tion which he aided materially by his services and otherwise in its growth and success, and of which he was for many years trustee. He has for the past two years filled the office of judge advocate of the Department of Ohio for the Grand Army of the Republic. He is quite conspicuous in all Grand Army matters, and earnestly co-operates in all movements that are formulated for
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what he believes to be for the best interests of the old soldiers. During the ten years as judge of the Common Pleas Court he was called upon to try many cases of more than average importance, both in criminal and civil suits, and it is a noticeable fact that his decisions were invariably sustained by the Supreme Court. This may be attributed to some extent to his painstaking, careful habit of thought. He never spares himself ; is more than industrious, persists in getting to the bottom of facts and evidence, and then exhausts the authori- ties bearing upon the case. He possesses a quick perception of the application of precedents and is logical and sound in his reasoning. His decisions were always received by the Bar with the utmost respect. They were recognized as well considered, fairly arrived at, and honestly given. As a lawyer he exhibits all the characteristics of industry and caution in the preparation of his cases, and in court he is strong and convincing in his argument, besides being very quick to observe a weakness upon the other side and prompt to secure an advantage. He is a good lawyer and a safe counsellor. In politics he is a Republican, and, to be accurate, it should be said a partisan. He believes in the principles of that party and considers it the duty of each and every one of its members to abide by the decisions of the properly authorized bodies within the party, to the end that the fundamental principles shall be maintained. He is an active worker and gives his help whenever and where- ever he thinks he can do the most good. He is a popular citizen, universally regarded for his courage and his honesty. He never evades a duty or a responsibility, but is frank and straightforward, possessing to a rare extent the " courage of his convictions." In 1873, in company with Colonel J. M. Nash and others, he founded the Youngstown Tribune, a Republican paper, with which he retained his connection for a number of years. By various consoli- dations and changes it has 'now become the Telegram, a very influential and prominent Republican paper, published at Youngstown. He was married June 9, 1868, with Miss Mary S. Hartzell, of North Benton, Mahoning county. They had one child, a boy, born to them in 1870, but he did not survive more than a few months. Mrs. Johnston's ancestors were among the very earliest settlers of this part of the State, and the family have attained a great promi- nence both in professional and commercial circles. She is a graduate of Mount Union College, and is a lady of literary and scientific tastes and attain- ments. In loyalty and love of freedom she is in full sympathy with her dis- tinguished husband, and is indefatigable in her efforts to promote in every way in her power the best interests of the men who fought for the Union. She has taken an important part in the auxilary of the Grand Army of the Republic known as the Women's Relief Corps, of which she is vice-president of the Department of Ohio, besides taking charge of the columns of the " Relief Corps Record," published at Urbana, which are devoted to the affairs of the Grand Army of the Republic. Mrs. Johnston is a member of the Presbyterian Church, and is active and influential in movements of a charitable and moral character.
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ALVIN C. VORIS, Akron. General A. C. Voris, who was born in Stark county Ohio, April 27, 1827, is now a citizen of Akron. As a jurist, a member of the Summit county Bar and an officer of distinction in the late civil war, he deserves a prominent place in the history of the State. He remained in the paternal home until he was eighteen years of age, when his desire for knowl- edge found its gratification. He gave a year to study at the Twinsburg Insti- tute, and then spent two years more at Oberlin College, where he took an elective course. Compelled to support himself, he found part of the means in teaching school during the winter months and giving several hours each day at the shoemaker's bench, a trade he had learned while on the farm. In Feb- ruary, 1850, he made Akron his home, and his residence has been there ever since. He was appointed a deputy clerk in the Common Pleas Court, holding the place for two years. In February, 1852, the first Probate Judge elected in Summit county under the new Constitution being too ill to visit his office, young Voris was made his deputy and held the position until the death of the judge, in August following. The entire business of the office was thrown upon him. That he performed his duties well and devised proper means for doing the business of the office and keeping its records, is attested by the fact that his methods have since been followed. His official acts as judge were never legally questioned. Meanwhile he had kept steadily in mind the pur- pose of devoting himself to the law and had lost no opportunity of gaining knowledge in that direction. He studied faithfully, and having a legal mind was able to learn much from the surroundings in which he was placed. His pre- ceptor was General L. V. Bierce, with whom he formed a partnership upon his admission to the Bar in June, 1853, under the firm name of Bierce & Voris. In 1869 he was elected to represent Summit county in the State legislature, where he soon took rank as a leader. He gave himself to the solid business of legislation and was one who could be counted on to be present and who knew the meaning and purpose of each measure before the assembly. Although young he was counted, even then, as one of the strong men of the body. In September, 1861, he enlisted in the Twenty-ninth Ohio Volun- teers, was appointed by Governor Dennison a second lieutenant and detailed by the recruiting service. He was mustered into the volunteer service on the 2nd of October following for the organization of a regiment, of which he became lieutenant colonel. This regiment went into the field in western Virginia January 19, 1862. On March 16th, he was made commanding officer of the regiment and on the evening of the 22nd of the same month he led it into its first fight against a reconnoisance of Stonewall Jackson before Win- chester, which was, in fact, the opening of the first battle of Winchester, one of the hardest fought infantry battles of the war. Colonel Voris was promoted to the colonelcy of this regiment (the Sixty-seventh Ohio). On the day of his promotion he received a severe wound in the assault on Fort Wagoner, which compelled him to go North. Two months later he reported for duty. In January, 1863, he was transferred to the Department of the South, where he participated in the siege of Charleston. In the spring of 1864
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he was assigned with his regiment in the army of Virginia, with which he was identified until the close of the war. On April 2, 1865, he led the charge on Fort Gregg, at Petersburg, and after having been in the ditch of the fort up to his neck in mud and water for nearly half an hour, he climbed up on its walls by the aid of a ladder made of guns with bayonets thrust into the walls and was the first Union officer in the fort. This was the last Confederate fort taken by storm around Petersburg and Richmond. At Appomattox he was in the fight at the last ditch and was wounded in the left arm by a fragment of shell. For his splendid military services Colonel, Voris was brevetted a brigadier general in 1864 and in 1865 made brevet major general of volunteers "for distinguished services in the field." At the close of the war he was assigned to the command of the military district of South. Anne, Virginia. Here he rendered valuable services and displayed remarkable executive ability. He was mustered out in December, 1865; returned to his home in Akron, and resumed the practice of law. In the spring of 1873 he was elected a delegate from the Akron district to the Ohio constitutional convention and was one of its most efficient members. He was a member of the committee on rules and thus was instrumental in shaping the work of the body. He served also on the committees on apportionment, representation and corporations other than municipal, under the permanent organization of the convention. Evidence of his usefulness may be found in the records of the convention. General Voris was identified with much of the important litigation in Summit and neigh- boring counties. He is an orator of great force and a lawyer of recognized ability. In the fall of 1890 he was elected judge of the court of Common Pleas, and served with marked ability for one term. On retiring from the Bench in the winter of 1896 Judge Voris did not again enter into general prac- tice, but has confined his practice to consultation and the direction of special important litigation. In politics he is an ardent Republican, but is too fair- minded and patriotic to allow partisanship to warp his judgment. He is an
earnest advocate of protection and has made many campaign speeches in favor of that policy. Hc is well read in law, history and general literature, and loves books. He is a model citizen and does all that lies in his power to advance the interest and welfare of his city, State and country. Septem- ber 21, 1853, he married Lydia Allyn, and of the union were born E. F. Voris, who is a member of the Akron Bar, and a daughter, who is the wife of Charles Baird, Esq., also a member of the Akron Bar. March, 16, 1876, Mrs. Voris dicd, and in February, 1882, General Voris married Mrs. Lizzie H. Keller, his present wife. There are no children by this union.
CHARLES A. HARRINGTON, Warren. Charles Adams Harrington is a native of Trumbull county, Ohio, having been born in Groene township, on June 16, 1824. The family is of sturdy New England stock. His father, Will- iam Harrington, was a native of Brookfield, Vermont, while his mother, who
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before her marriage was Helena Bascom, was from Massachusetts. Early in life William had been bound out as an apprentice, but he bought his time and went to try his fortunes in Canada. At the outbreak of the war of 1812 he immediately returned to the United States, and in March, 1817, he came to Trumbull county, bringing his mother with him. In Greene township he bought some land, built a log house and settled down to clearing the farm for cultivation. His mother kept house for him until 1821, when he married. He took quite a prominent part in the affairs of the county and acted as justice of the peace, making an efficient and upright magistrate. He died in 1885 at the ripe old age of ninety-one. His son Charles A. spent his early years upon the farm. He was a hard working, thoughtful boy of an industrious nature, and determined to secure the best education that was possible. While working on the farm he attended the public schools and afterward took a course at the Grand River Institute at Austinburg. He subsequently entered Oberlin Col- lege, where the rules at that time made a course in Hebrew extending over a period of a year and a half necessary before a student could graduate. Not being willing to spend so much time upon a study that did not seem to him to be essential, he left before graduating and returned to Greene township. The college authorities afterward rescinded this rule and invited him to come back, but other occupations had then gained his attention, and he declined to return. At this time he had entered upon a career as a school teacher, at the same time attending to the farm. In 1845 he established a select school in his native community, and subsequently increased the number of these, employ- ing able and efficient assistance, but keeping all under his direct personal supervision. They proved a decided success, and were continued by him for several years. During all the time he had been applying himself to the study of law with a view of entering the profession, and in 1846 he commenced reading law in the office of Crowell & Abell, of Warren. He was admitted to the Bar in 1848. He continued his schools in Greene township, and at the same time practiced law. In 1860 he was elected to the office of clerk of the Court of Common Pleas in Trumbull county, and at the expiration of his term was re-elected, retiring from the office in 1867. At this time President Andrew Johnson had appointed Alexander McConnell assessor of internal revenue for the Nineteenth Ohio Congressional District, and the Senate had refused to confirm him. Under these circumstances the President consented to appoint an assessor upon the recommendation of the Republicans of the district, and Mr. Harrington was selected as their choice for the office. Up to this time he was entirely uninformed as to the intentions of the party representatives, and had no reason to suppose that his name would be brought forward. The honor was greatly enhanced from the fact that the office was one requiring not only great business sagacity, but called also for strong legal ability and the exercise of judicial functions. The nomination was made by the President and con- firmed by the Senate, and in March, 1867, he assumed the duties of the assess- orship, which he continued to hold until the office was abolished. In the winter following he went into the office of his friend, W. T. Spear, to assist
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him. Two years later, in 1875, the law firm of Spear & Harrington was formed, and continued until the election of Mr. Spear to the Bench in 1878. From this time Mr. Harrington continued to practice alone. In 1880, he became associated with others in the organization of the Second National Bank of Warren. He was a member of its first board of directors, and has continued in the board ever since. Soon after its organization he was elected president of the bank. While continuing his law practice he at the same time had executive supervision of the affairs of the bank. In 1887 the cashier died, and, at the urgent request of his brother directors, Mr. Harring- ton consented to take the position. This demanded such close attention that he was compelled to retire from the active practice, and after a year or two he was able to withdraw almost entirely from the duties of the profession ; though to this day many of his old clients and friends are continually seeking his advice and counsel, which he willingly imparts where it may be done with- out encroaching upon his official duties. During his professional career, Mr. Harrington did his best to avoid appearing in criminal or divorce cases. It was not always possible to keep out of this line of practice, and when he did consent to try that kind of cases he rarely failed of success. In civil cases, when his sympathies and predilections were enlisted, the strongest lawyers and advocates in northeastern Ohio found in him an opponent who called all their resources into action. In the preparation of his cases he is diligent, pains- taking and exact in every detail. His scrutiny is penetrating, and not a point of law or link of evidence escapes his sagacious observation while its bearing or application upon the case involved is clearly exposed. His profound legal knowledge enables him to grasp the law in the case with great readiness, and his papers are models of careful industry, knowledge of the law and logical argument. He is exceptionally strong before the court, never permitting an important point to be lost sight of for a moment. He has the faculty of con- centration in argument, and brings his facts before court and jury with appar- ently irresistible force. One of his prominent characteristics is to advise his client, when possible, to avoid litigation. He never permits them to go into court while there remains any possibility of effecting a settlement outside. He regards litigation as the last resort, and it has 'been his good fortune to compose many family differences that under less careful and kindly advice would have developed into lifetime antagonisms. As a counsellor he is exceed- ingly earnest, careful, judicious and wise, while his counsel is marked by kind- liness and benevolence. In politics he is a Republican, firmly believing that the moral tone of the country, the greatest natural blessings, and the highest principles of good government are found in the principles of that party. In public, he has been identified all his life with moral and educational move- ments. He has been trustee of the Childrens' Home since its organization in 1890, and for more than twenty-five years he has been an active member and a good part of that time president of the board of education, covering a period when the greatest work had to be done in providing school buildings and edu- cational facilities generally. A man of high principles and steadfast integrity,
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he is respected and honored by the community. His life has been ennobled by constant effort for others, and he enjoys in his delightful home all that is purest and brightest in the memories and affections. With his wife, his daughter-in- law, the widow of his younger son, and their two little ones, his only grand- children, he lives in an atmosphere of love. In 1848 Mr. Harrington was mar- ried to Miss Eliza Bascom, who died in February, 1892. They had two children, Charles Frederick and Frank Wales. The elder son, when seventeen years of age, entered the army, and served until the close of the war. He was in the government service, surveying department, when he died, in October, 1871. He married Miss Skinner, of New York, but left no children. Frank Wales Harrington, the younger son, was a lawyer by profession. He was married to Miss Carrie L. Park in 1888. They had two children, Charles A., born Septem- ber 1, 1887, and Priscilla Park, born July 31, 1889. October 7, 1893, Frank Wales Harrington died, after a protracted illness accompanied by'great suffer- ing, since which time his widow and two children have made their home with his father. On November 28, 1893, Charles Adams Harrington, the subject of this biography, was married to Miss Sophia M. Smith, a daughter of Honora- ble Charles W. Smith, who formerly was a member of the Trumbull county Bar, but afterwards moved to West Virginia, where he became exceedingly prominent in politics, and though a Republican his great personal popularity led to his election as judge. He was a great orator and a man of high attain- ments. He died in West Virginia in 1878.
DUNCAN LIVINGSTON, Portsmouth. The subject of this biography is of . Scotch lineage. Both of his parents were born in Argyleshire, Scotland, in the vicinity of Fort Williams. His father, mother and two uncles emigrated to America and located near Wheelersburg, in Scioto county, Ohio, ten miles from Portsmouth, where Duncan was born. He was educated in the public schools of Scioto county, and his course of study did not extend beyond the academic branches. He began the study of law in Portsmouth, and com- pleted his preparation for the Bar under the instruction of Captain N. W. Evans, his present partner. The relations were found to be not only advantageous from a business point of view, but so eminently satisfactory in other respects, that after a partnership association of twenty-five years, Captain Evans says it will be continued for life, unless Mr. Livingston accepts a position on the Bench. The two partners have been friends during more than a quarter of a century, intimate in the relations and constant in their mutual attachment. Mr. Livingston has an aptitude for the law, both in acquiring an understanding of its principles and in the application of its prin- ciples to general practice in the courts. He is a very successful practitioner, and is aided by a very serviceable memory. This faculty in him is remark- able, covering not only that which is material in the report of a case which he has read, but what is technical, local and geographical. He is able to recall
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at will the subject-matter, the title of the case and the volume in which it may be found. His mental index of the reports of important cases in the United States and England is about as complete and accurate as that which is printed in the volumes. He is extremely careful and cautious in forming his opinions, but when he deliberately reaches a conclusion his position is impreg- nable. His arguments in support of a conclusion are unanswerable. Duncan Livingston is regarded by members of the Bar, who have measured his ability and strength, as one of the best lawyers in his county, or even in the State. He enjoys in unlimited measure the confidence of the profession, and the esteem of all who know him in the community, and as a man he is true to his friends, courteous to his enemies, and the soul of honor in all things.
GEORGE M. TUTTLE, Warren. Honorable George M. Tuttle was born in Litchfield county, Connecticut, June 19, 1815. His father, Eri Tuttle, was a native of the same county, born in 1787. His grandfather was Jared Tuttle, also a native of Connecticut and a descendant of William Tuttle who, in 1635, came from England to America on the ship Planter, landed in Massachusetts, and after a brief residence there emigrated to the colony of New Haven, where he finally settled. Eri Tuttle married Miss Harriet Phillips, daughter of Samuel Phillips, and from this union were born onc son and four daughters. In 1839 they removed with their family to Ashtabula county, Ohio, settling on a farm in Colebrook. George M. Tuttle received his rudimentary educa- tion at home and began attending school very early in life. Such was his apti- tude that when only four years of age he was able to read in the Testament. He was of a studious nature and acquired habits and thoughts of reflection that have remained with him all through his life. At twenty years of age he commenced teaching school, and was so occupied for one winter in Connecticut and two seasons in Ontario county, New York, before reaching Ohio. He had, in the mean time, devoted himself to the study of the law, and with one interruption on account of ill health continued this study until 1841, when he was admitted to the Bar at Jefferson. In January, 1844, he removed to Warren and entered upon the practice of law there. At times he has practiced in partnership with lawyers of prominence and at other times he has practiced alone. In 1882 he formed a law partnership with his son-in-law, Charles Fillius, which still continues. In February, 1867, he was elected judge of the Court of Commnon Pleas and remained on the Bench a few weeks short of his full term of five years, when he resigned to enter a partnership in the practice. He was a prominent member of the Constitutional Convention of 1873, and conspicuous in its deliberations. In politics he was originally a Democrat, but in 1848 joined the Free-soil movement, and upon the organiza- tion of the Republican party joined its ranks and has ever since been a consistent supporter of its doctrines. In January, 1841, he married with Miss Emily Lee, who became the mother of one daughter, Harriet, now the wife of
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