USA > Ohio > Bench and bar of Ohio; a compendium of history and biography, Vol. II > Part 41
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50
HORACE L. SMITH, Xenia. Judge Horace L. Smith, though yet a young man, has won for himself a place of honorable distinction on the Bench and at the Bar of his native State. He is a citizen of Ohio, both by birth and inheritance. His father, Dr. Clinton Smith, was a native of Franklin county, and his mother, Mary Smith, was born in Madison county. Both were raised on a farm and both were descendants of pioneer settlers of the State. Our
316
BENCH AND BAR OF OHIO.
subject was born August 28, 1853, at Logansville, Logan county. While he was yet young his parents removed to Bloomingburg, Fayette county. His early education was obtained in the public schools of that village, later enter- ing the academy at the same place. After finishing the academic course he entered Wooster University and so thorough had been his preparation that he entered the junior class. He was graduated in 1872, having taken a full class- ical course. The following year he took up the study of law with Colonel H. B. Maynard, now judge of the Court of Common Pleas at Washington C. H., Fayette county. In October, 1873, he entered the Law Department of the University of Michigan and, taking the full course, was graduated in 1875. In May of the same year he was admitted to the Bar by the Supreme Court, at Columbus. In obtaining an education he had every advantage and he improved them well. He had a decided predilection for the law and being gifted with a legal mind, the study of it was a source of pleasure as well as of knowledge. He began practice at Xenia immediately after his admission to the Bar. His ambition to master the principles of the law was not satisfied by the possession of a diploma from the foremost law school of the country. He kept his study up and gained for himself, in a few years' practice, the repu- tation of being thoroughly informned in the principles of law. He never held office and never was an applicant for office that was not in the line of his pro- fession. In the thirteen years of active practice at the Green county Bar he built up a substantial and remunerative practice and his reputation as a wise and conservative counsellor and successful advocate kept constantly growing. In 1888 he was elected to the position of judge of the Court of Common Pleas, Third Subdivision, Second Judicial District. His duties began February 9, 1889. He soon demonstrated that he was fitted both by nature and education for the position. He is eminently fair and his decisions are remarkably accu- rate. Firmness is one of his marked characteristics. At the expiration of his first term he was re-elected, his nomination being uncontested, for another term which does not expire until 1899. This public indorsement by the people and the Bar is the highest tribute to his ability as a judge and uprightness as a citizen. In politics Judge Smith is a Republican, and takes an active interest in the progress of his party, as all good citizens are in duty bound to do. He is held in very high esteem by the profession and the community at large. He was married April, 1875, to Miss Mary Jones, of Fayette county, whose death occurred in 1885. In 1887 he was married to Mrs. May Loughry, daughter of John Orr, for eighteen successive years clerk of the Court of Com- mon Pleas of Green county, from 1863 to 1881. Practicing attorneys of the Green county Bar, who are in the best position to form a correct estimate of his character and ability, speak in the highest possible terms of Judge Smith. As a consensus of their expressed opinions we quote below the remarks of one of the prominent members of the Bar: "On the Bench Judge Smith is 'to the manner born.' His naturally well balanced legal mind has been supplemented by a judicious course of training. His Judgment is sound and his decisions accurate. Ile is a comparatively young man yet, and his career is mostly
317
BENCH AND BAR OF OHIO.
before him ; but he is already recognized as an able jurist. The estimation in which he is held by the Bar of this district may be inferred from the man- ner with which he was each time elected to the position of judge. His nomi- nation on both times was by acclamation and his election was almost equally unanimous. As a citizen, he has the respect and esteem of the entire com- munity."
EDMUND H. MUNGER, Xenia. A man's success in life should not be esti- mated so much by the position he has attained as by the difficulties he has overcome. The young man whose position affords him all the accessories of an accomplished education begins his career with an abundant capital, an endowment it might be appropriately termed, while the one who has not these advantages of wealth and association begins his career with empty hands, with which he must earn the means to acquire the knowledge necessary for a profession. There is much truth in the adage that "Some men are born great, some achieve greatness and some have greatness thrust upon them." Among the subjects of hereditary monarchy, whose rulers claim the divine right to govern, the first class naturally commands the greatest reverence. In gov- ernment of the people, where the most valuable prizes are won by industry, integrity and other virtues, the man who advances himself by praiseworthy efforts is the one who commands the greatest respect. To the latter class belongs Judge Edmund H. Munger, of the Green county Bar. He was born in Montgomery county, October 8, 1821. The Munger family are of New England descent, and came to the Miami valley shortly after the organization of the Northwest Territory. Reuben Munger, his father, was a native of New England, and came to Ohio with his parents in 1797. Laura Munger, the mother of the subject of this sketch, was a native of Ohio, also of New Eng- land descent. His parents living on a farm, the early life of Mr. Munger did not present him with many advantages for obtaining an education. The dis- trict schools of those days were not what they are to-day either in thorough- ness or the length of time in session. Three months in the winter season of each year was the average, and up to the age of nineteen that was all the assistance he had in preparing himself for college. By close application to his books he fitted himself to teach in the public schools, and in this way earned money with which to enter an academy. The first institution of this kind he attended was conducted by Dr. E. E. Barney, at Dayton. After another inter- val of teaching lie attended the academy of Dr. McMillen, at Xenia. He next spent about two and one-half years at the Miami University ; after which he entered Center College, at Danville, Kentucky, from which he was graduated in 1848. He had determined to enter the profession of law, and in order to get the means to continue his studies, opened an academy at Bellebrook, Green county, which he conducted for one year, studying law in the mean time under tutelage of J. G. Gest, of the Xenia Bar. After closing the school he entered
318
BENCH AND BAR OF OHIO.
Mr. Gest's office and continued his studies for about two years, when he was admitted to the Bar, in 1851. He began practice in partnership with Mr. Gest. This arrangement continued for two years. After dissolution of the firm of Gest & Munger, he entered into partnership with Mr. R. F. Howard, and con- tinued with him some two and one-half years. In 1856 Mr. Munger was appointed by the court to the office of prosecuting attorney of Green county, to fill a vacancy. At the close of the term he was elected by popular vote, and re-elected twice to the same position, serving the county in all seven years in that capacity. After retiring from office he continued practice alone until the summer of 1868, when he was appointed by Governor Hayes as judge pro tem. of the Common Pleas Court, Third Subdivision, Second District. At the fol- lowing general election he was chosen to fill the unexpired term of Judge J. J. Winans. Judge Munger occupied the Bench for three and one-half years, when he retired and resumed the practice of his profession, continuing alone until the fall of 1895, when his son, John C. Munger, was admitted to the Bar and into partnership with him at the same time. John C. was educated at the Xenia high school, State University at Columbus, Cornell Law School and University of Michigan. He is well equipped to conduct his father's large practice when the mantle falls upon his shoulders. In the forty-five years of active practice at the Bar of Green county and on the Bench, Judge Munger's life has been without reproach. He has maintained himself well in every posi- tion he has occupied in life. He was a good judge ; he is a good lawyer ; but higher than either of these, he is a good citizen and a good man. He was married in October, 1861, to a Miss Mather, of Suffield, Connecticut, a descend- ant of the Increase and Cotton Mather family. They have six children living, three sons and three daughters. The eldest son is, as before mentioned, with his father in the law practice, another is completing his education at Berlin, Ger- many, and the other at Miami University. Two of the daughters are married and the other is at present at school in Boston. Speaking of Judge Munger a prominent practitioner remarked : " Judge Munger is one of the best known lawyers in this section of the State. He belongs to that class who place their profession above everything else ; never has been willing to accept any office outside of his profession, and I believe never has. In pursuing this course he has gained both a competency and a good name. As a citizen he is highly esteemed by his neighbors and wide circle of acquaintances. Both in his pro- fessional and private life he has set an example worthy of emulation."
JOHN C. MILLER, Springfield. There is no blot on Judge Miller's escutch- eon, or cloud to his title of American citizenship. If any honor comes from distinguished ancestry he ranks with the proudest in the land. On his maternal side he is a lineal descendant of Sir Charles Hedges, an English statesman of the seventeenth century, and member of the cabinet of Queen Anne, the last reigning sovereign of the House of Stuart. His forefathers
Century Pub. A Eng. Co CHICAGO."
HORACE L. SMITH
EDMUND H. MUNGER
JOHN C. MILLER
CLARENCE B. HEISERMAN
LEVI GEIGER
الحسم
.
319
BENCH AND BAR OF OHIO.
have been noted for originality and power from the time they first set foot on American soil. His great-great-grandparents, Robert and Elizabeth Miller, came to this country from Scotland, in 1738, and settled in Maryland, Prince George county. His great-grandfather, David Miller, lost his life in 1778 in the glorious struggle for the independence of the American colonies. His grand- father, Robert Miller, was born in Prince George county, Maryland, 1767, but removed to Kentucky in 1797. During the journey of the family to a new home in the Western wilds, Reuben, the father of our subject, was born in Fayette county, Pennsylvania, January 19, 1797, while the emigrant company were constructing keel boats to carry them down the Monongahela and Ohio rivers to their destination, Limestone, now Maysville, Kentucky. Mr. Robert Miller settled in Fleming county in that State and became a prosperous land owner and slave-holder, and a man of prominence in the community. He was moved by strong convictions, and in early life he became a member of the M. E. Church. He became a licensed local preacher by appointment of Bishop Asbury, in 1809, and was a power in the church. His sense of justice finally made it apparent to his mind that slave-holding was an abuse of power and wrong in principle ; therefore, in 1812, he liberated his slaves, removed with his family to Champaign county, Ohio, and settled upon a large tract of land on the Pretty Prairie, within the present limits of Clark county. He was a man of remarkable originality in thought, and very concise and forcible in diction. His sermons were famous for graphic descriptions and illustrations. Reuben lived with his parents on the farm, assisting in managing the estate and in acquiring an education, until he reached his majority; shortly after which he was united in marriage with Miss Mary Hedges, formerly of Berkley county Virginia. Teaching school and surveying land were his occupations until 1826, when he was appointed surveyor of Clark county. This position he held for nine years, when he was elected county auditor, an office he held for eigh- teen consecutive years. He inherited his father's talent for speaking and his zeal for religion. During all these years of public service he was a local min- ister of the M. E. Church, and served on Sabbath days as a supply to the vari- ous churches in central Ohio in the absence of the regular pastor. He was naturally a good public speaker, a conversationalist remarkable for wit and humor, and a writer of more than ordinary ability. These characteristics seem to be an inheritance of the family, transmitted from father to son. John C. Miller, our subject, was born April 13, 1834, in Springfield, which was then only a village. He was educated at the Ohio Conference High School in his native town, under the tuition of a faculty of which Rev. Solomon Howard, afterwards president of the Ohio University at Athens, was the head. He was graduated at the age of fifteen years from a school which in its days was of high repute, and the only Alma Mater of some of the best intellects in Ohio. After leaving school he entered a printing office and learned the " Art pre- servative of all arts " in all its branches. He now had a trade, but was anxious for a profession. At the age of eighteen he took up the study of law witlı Honorable Samuel Shellabarger, who in after years became very prominent
320
BENCH AND BAR OF OHIO.
both in his profession and on the floor of Congress, where he represented his district for several terms, and was one of the most prominent attorneys before the famous Commission in the Hayes-Tilden contest. Mr. Miller was admitted to the Bar of Ohio in April. 1855, and a few months later began practice at Springfield. He soon acquired a practice that for a young man was remarka- bly good. In April, 1861, he was elected mayor of Springfield by a handsome majority. When the civil war broke out, less than a month later, he immedi- ately became identified with all the measures for the promotion of recruiting, relief to soldiers' families, and all methods employed to aid the Union cause. He was chairman of the Citizens' Military Committee of Clark county, and was afterwards a private in the One Hundred and Fifty-Second Regiment of Ohio Volunteer Infantry in the company of Captain Bushnell, now governor of Ohio. In the fall of 1861 he was elected prosecuting attorney of Clark county, and several times re-elected. In 1869 he was chosen city solicitor of the city of Springfield, and held that office by repeated re-elections until 1876, when he resigned to accept the position of probate judge, to which office he had been elected the previous October. To this office he was re-elected four times, but before the close of his fifth term he was elected one of the judges of the Court of Common Pleas, of the second judicial district, at the general election in the fall of 1890. This position he still holds, having been re-elected at the expira- tion of his first term, in 1895. Judge Miller, in this capacity, gives great satis- faction to the Bar of his district and the State. His accurate and concise decisions have attracted the attention of the profession throughout the State. He is eminently qualified to grace the Bench. While he is remarkably famil- iar with published decisions of courts, he is not a case lawyer. All of his own decisions are founded upon principles of law, with which his mind is richly stored. Possessed of a keen, incisive intellect, the controlling points of a case are quickly perceived by him, and his strong, thoroughly trained and logical mind enables him to present his conclusions, tersely and concisely, in a man- ner to carry conviction. In his exercise of these high judicial qualifica- tions, Judge Miller is entirely impartial and independent ; always courteous and considerate. There are none who would question his integrity. His great legal learning and his peculiar fitness for judicial service, both of which are being rapidly recognized by the profession, render it highly probable that advancement on the Bench awaits him in the near future. Though an office holder for most of his life, it can truthfully be said of Judge Miller that he never has been an office-seeker ; in his case the office invariably sought the man. The irreproachability of his private life has contributed to fix and maintain his place in public esteem, but his great popularity is due to his recognized ability and magnetic personality. In religion he is a Methodist, in politics a Republican. He is a kind and charitable friend to all deserving people, irrespective of their creeds or beliefs. He is a versatile writer and brilliant speaker, a safe adviser and public-spirited citizen, a faithful husband and a kind father. He has devoted both his time and talent for the public weal. He was married October 4, 1860, to Miss Marianna T. Hoglen, the cul-
321
BENCH AND BAR OF OHIO.
tivated and intelligent daughter of James R. Hoglen, late of Dayton, Ohio. They have two children, Robert J. and Eleanor C. Miller. Out of a family of seven brothers and sisters only two besides himself are living, namely : Henry R. Miller, a prominent citizen of Keokuk, Iowa, and Commodore (soon to be Rear Admiral) Joseph N. Miller, of the United States navy. The others, stated in the order of their respective ages, were Caroline H. Harris, formerly of near Monticello, Illinois ; Dr. D. B. Miller, of Covington, Kentucky; Eliza- beth N. Ogden, of Keokuk, Iowa, and Robert Tabb Miller, of Springfield, Ohio, who died when just entering upon manhood and an apparently successful busi- ness career.
CLARENCE B. HEISERMAN, Urbana. Judge Heiserman is a native of Ohio and of Champaign county. He was born at Urbana, September 18, 1862. His parents were Aaron and Maria L. Heiserman, the former of Ger- man and the latter of Scotch descent. Caleb Heiserman, grandfather of Judge Heiserman, came to this country from Germany in 1825 and settled in Mahon- ing county, Ohio, near New Lisbon. A few years later he removed to Craw- ford county, where he purchased a farm on which he resided until 1865, when he removed to Iowa and remained until his death. The father of Judge Heis- erman lived with his parents on the farm until he grew to young manhood, when he came to Urbana and engaged in the manufacture of carriages, which he followed for many years. The last ten years of his life he devoted to the business of general contracting. He died at Urbana in 1893. The maternal ancestors of Judge Heiserman came to America in colonial days and settled in Massachusetts and later near Saratoga Springs in New York. His mother's family removed to Ohio about 1840 and settled in Urbana where his mother was born and is still living. His maternal great-grandfather served in the United States army during the War of 1812. Judge Heiserman secured his early education in the public schools of Urbana. He was graduated from the high school'in 1879 at the age of seventeen, and in the fall of 1880 he entered the Ohio Wesleyan University at. Delaware. He was graduated from that institution in 1884, after taking the full college course, and secured the degree of Bachelor of Arts. The two succeeding years he taught in the high school of Urbana, at the same time studying law under the tutorship of George M. Eichelberger, of Urbana, one of the best read lawyers in that section of Ohio. Resigning his position as teacher he entered the office of Mr. Eichelberger and for one year devoted his entire attention to his legal studies. He passed a successful examination before the Supreme Court at Columbus and was admit- ted to the Bar in 1887. He at once began the practice of law in his native town, alone, passing his first year in the office of his preceptor. He then formed a partnership with Mr. E. E. Cheney, which lasted until he was ele- vated to the Bench. In 1889 he was elected prosecuting attorney of Cham- paign county, and was re-elected in 1892. IIis association with Mr. Cheney proved very satisfactory and the firm soon built up a practice that was a trib-
322
BENCH AND BAR OF OHIO
ute to both their industry and ability. In 1894 Mr. Heiserman was made a candidate of his party for judge of the Court of Common Pleas, second sub- division, of the Second Judicial District, and was elected. He dissolved his connection with the law practice and took his seat on the Bench in November, 1894. He was elected for a term of five years. During the eight years of his professional career, Judge Heiserman has made a very enviable record. In every position in which he has been placed he has maintained himself with credit and with marked ability. Concerning his fitness for the judicial ermine his preceptor, George M. Eichelberger, remarked : "Judge Heiserman is well qualified to discharge the duties of a judge and is filling the position to the satisfaction of the Bar. He is young in years, but is well grounded in the principles of law. He was a hard student during the years of training and has continued to be one ever since. He has a judicial mind. He is thoughtful, conservative and self-reliant. In the discharge of his duties as prosecuting attorney he developed the fact that he had ability, firmness and accurate knowledge of the law, and his services on the Bench have so far served to deepen these impressions. Socially Judge Heiserman is one of the most com- panionable of men. He is unassuming, courteous in his manners, a good con- versationalist, and also a good listener. He is popular in his party and respected and esteemed by all." Judge Heiserman is a Republican in politics and before going to the Bench took an active interest in advancing party suc- cess. In his religious faith he is a Methodist and a member of the official board of his church and also superintendent of the sabbath school. He was married in 1890 to Miss Lillian M. Brown, daughter of W. H. and Fannie M. (Taft) Brown, of South Charleston, Ohio.
LEVI GEIGER, Urbana. Judge Levi Geiger was born March 14, 1824, in Greencastle, Pennsylvania. His ancestors were among the early settlers of the country. His great-grandfather on his paternal side came from Germany; was a commissioned officer in the war for American Independence in 1776, and received a grant of seventeen hundred acres of land for his military services. His father, Henry Geiger, was a soldier in the war of 1812 -14 and received a land warrant for his services. He participated in the battle of Lundy's Lane and other hard-fought battles on our northern frontier. After the war he settled in the town of Greencastle, Pennsylvania, and in 1816 married Julia A. Rubush, a native of Pennsylvania, who in her childhood was an acquaintance and friend of James Buchanan, afterwards President of the United States. Her ancestors were of German and Scotch descent. Judge Geiger is one of eleven brothers. His oldest brother, Albertus, was a physician and practiced his profession in Cincinnati, from which place he removed to Dayton where he continued his practice until his death in 1886. One of his brothers, Hezekiah, was one of the founders of Wittenburg College, at Springfield, Ohio, and pro- fessor of mathematics and languages in that college for many years. Three of
.
323
BENCH AND BAR OF OHIO.
his brothers were preachers in the English Lutheran Church. Three of the brothers were attorneys at law, one of whom, W. F. Geiger, was major in the Phelps regiment and afterwards colonel of the Eighth Missouri Cavalry. He had three horses killed under him at the battle of Pea Ridge. After the war he served three terms as Circuit judge in the Springfield, Missouri, district, dying a short time before the close of his third term. His brother, F. M. Geiger, practiced law in Houston and in southern Missouri, where he died in 1889. His brother Henry was a farmer and died near Warsaw, Indiana, at the age of seventy-seven. His other brothers dicd in young manhood, before completing their school days. He has one sister who is married to the Honorable J. H. Hileman, of Altoona, Pennsylvania. Judge Geiger obtained his early education in the common schools in eastern Ohio and in his studies at home. He was a constant student during his boyhood, availing himself of every opportunity afforded him in obtaining useful knowledge. He studied law under William S. Tanneyhill, one of the leading attorneys at Millersburg, Ohio, and was admitted to practice law at Canton, in 1850. He united with the Independent Order of Odd Fellows at Millersburg in 1851, and re- moved to Urbana in April of the same year, residing there ever since. In 1853 he united with Harmony Lodge F. & A. M. By the request of the family he was one of the pall-bearers at the funeral of Governor Vance. Mr. Geiger was a Whig in politics, and as such was, in 1856, elected prosecut- ing attorney for Champaign county. He was in favor of sustaining in good faith the compromises of the Federal Constitution, but was opposed to extend- ing slavery into the territories of the United States. He was anti-slavery in his feelings, and called the first colored witness to testify in a court of justice in Campaign county. He was active in politics and assisted in the organiza- tion of the Republican party in Ohio in 1855. John Sherman presided over that convention and was then his choice for governor; the Honorable S. P. Chase was, however, nominated. Mr. Geiger was elected a delegate to the convention that nominated John C. Fremont for President, but was not able to attend on account of sickness. He was also a delegate from the Eighth Congressional District of Ohio, with Judge William H. West, to the Chicago Convention that nominated Abraham Lincoln for the Presidency in 1860, and was an ardent supporter of Mr. Lincoln both in and out of the convention. Wlien the Ohio delegation was in consultation to agree upon concerted action he offered a resolution, which was adopted, committing that delegation to the support of Mr. Lincoln as a candidate in case an Ohio man could not be nomi- nated. This action was at once made known to other State delegations and to the leading supporters of Mr. Lincoln. It was an important factor in sccur- ing his nomination. The delegates from Ohio were divided in their choice. Honorable S. P. Chase, Judge McLain, Honorable Thomas Corwin and Honorable B. F. Wade each had friends pressing their claims. Mr. Geiger was seconded in his support of Mr. Lincoln by Honorable Columbus Delano and four other delegates from Ohio, who cast their votes for Mr. Lincoln on every ballot. On the last ballot the other Ohio delegates joined them. Mr.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.