Biographical and historical memoirs of Muskingum County, Ohio. Embracing an authentic and comprehensive account of the chief events in the history of the county and a record of the lives of many of the most worthy families and individuals, Part 34

Author:
Publication date: 1892
Publisher: Chicago, Goodspeed Pub. Co.
Number of Pages: 642

USA > Ohio > Muskingum County > Biographical and historical memoirs of Muskingum County, Ohio. Embracing an authentic and comprehensive account of the chief events in the history of the county and a record of the lives of many of the most worthy families and individuals > Part 34

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soeiates-Springer, Cox and Reed-held the

In this court the following named judges court, Judge Springer presiding. And between have held office in this county: Mahlon Sims, 1847 and 1852 there was much litigation 1852-58; William T. Mason, 1858-64; R. W. P. between Jaeob Baker and Michael D. Gittings, Muse, 1864-70; Henry L. Korte, 1870-73; Reu- and as Judges Searle and Stillwell had been of ben H. Morgan, 1873-75; Henry L. Korte, counsel neither could sit as judge; so the same 1875. Of these judges, Sims alone is dead. associates alone heard and determined sueh When eleeted he was a farmer in Hopewell of said eauses as were passed upon prior to township. He was re-elected, served out his February, 1852.

term; was chosen a justice of the peace in

At the last term held under the old Consti- Springfield township, and died about Septem- tution -- in January, 1852-a month before their ber, 1862. Judge Mason, a farmer of Meigs court was to expire, a question arose that for township, served also two terms. Judges Muse, the first time, so far as is known, resulted in Korte and Morgan were lawyers. Under the the overruling of the opinion of the president old constitution, every year a term of the judge by his associates. Numerous indict- supreme court was held in Zanesville, and in ments under the liquor law of 1851 had been turn all the judges of that eourt sat in "Old presented by the grand jury. The prosecu- 1809."

ting attorney, now and for many years past a So also, since 1852, the sessions of the dis- distinguished lawyer, had omitted a certain trict court have brought here in turn every su- averment. Judge Searle, in deeiding a motion preme judge, save Judge Day, and the common to quash one of these indietments, following pleas judges of the Second and Third subdivis- what had become a custom when sueh ques- ions of the Eighth judicial district. None of tion came up, announced an opinion sustaining these can properly be said to have belonged to the motion, as the judgment of the court with- the county eourts; their number forbids any out first consulting the associates. This attempt to even name. occurred in the forenoon. The question in- volved had been mueh diseussed, not only in think," says Judge Granger, "Wyllis Silliman Attention is now directed to "the bar." "I court but among the people, and temperance was the first lawyer who 'settled' in Muskin- men were anxious that the prosecutions should gum county. Mr. Church says that he was be sustained. Judge Cox, on the opening of present at the April term, 1804." With or very court in the afternoon, announced an opinion soon after him came Lewis Cass, his brother- against the motion to quash; Judge Reed de in-law, and in 1805 Silliman, Cass and Herrick clared that he eoneurred with Judge Cox, were the only resident lawyers. Philemon

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HISTORY OF MUSKINGUM COUNTY.

Beecher, William W. Irwin and Elijah B. Mer- yers. Our bar began well. Wyllis Silliman, vin, of Lancaster, and Mathew Backus, of Mari- Lewis Cass and Samuel Herrick were the first etta, attended that term. It was held in the three. Of Gen. Cass I have already spoken. "hewed log dwelling house, built by James Wyllis Silliman was born in Stratford, Connec- Herron, enclosed but not finished"-the same ticut, October, 8, 1777. In early manhood he house heretofore referred to, located south of emigrated to Western Virginia, and during the Main and on the west side of Sixth street. In heated struggle for the presidency between 1809 Samuel W. Culbertson became a resident Adams and Jefferson, in 1800, he there edited lawyer in Zanesville.

a strong Federal newspaper. Judge Burnet

At August term, 1813, two new names ap- (one of Ohio's early supreme judges) wrote pear, Alexander Harper and Ebenezer Granger. of him as follows: 'By a very great exertion As Granger had seven cases at that term he of energy and talent he had been able for some must have resided here a year or two prior to time to sustain himself in the midst of a highly it. In 1817, John C. Stockton and Appleton Democratic population, but, as the catastrophe Downer, have causes for the February term, of that struggle approached, party violence be- and at February term, 1818, appear. the names came too strong for resistance, or endurance, of Charles B. Goddard and Thomas Ewing --- and he found it prudent to make a hasty re- Ewing being of the then Lancaster firm of treat to Marietta. I shall never forget the Beecher & Ewing. April term, 1819, shows pleasure with which I took him by the hand as the names of Arius Nye, John Doland, and a persecuted patriot, at our first meeting in Charles R. Sherman; and July term, 1819, Marietta. Mr. Silliman's talents secured to Richard Stillwell. Nye removed to Marietta, him at once a full share of the practice of that was afterward president judge in Washington county, where, after a short residence, he formed circuit, and was noted for his eccentricities. a matrimonial alliance with Miss Deborah Doland, about 1825, moved to Somerset. Webster Cass, daughter of the veteran Maj. Sherman from 1823 to 1827, was one of the Cass, who was literally a hero of two wars.' supreme judges. He resided at Lancaster. This marriage was at Wakatomaka, near Dres- Gen. Sherman and Senator Sherman are two den, on January 14, 1802." In 1803, the first of his sons. October term, 1819, shows the Olio legislature chose Wyllis Silliman, Fran- names of Smith, Vinton, and Emerson. Vin- cis Dunlevy and Calvin Pease president judges ton lived in Gallipolis, served many years in of the three common pleas circuits, but Mr. congress, and was Whig candidate for gover- Silliman either did not accept or very soon nor in 1851; 1820 presents the names of resigned the appointment, as our records show Adams and Stanbery. William A. Adams is Judge Levin Betts on our bench in the spring still living in Covington, Kentucky. He lived of 1804.

in Zanesville until after 1843. The Stanbery, I In 1805 Judge Silliman was appointed regis- suppose, was William -- long a resident of ter of the Zanesville land office, and held that Newark, an elder brother of the half-blood of office as late as ISII. He moved, in 1807, to

Henry Stanbery. In 1821, appeared the the premises fronting the northern bend of the names of C. C. Gilbert, Peter Odlin, and J. B National road as it leaves Main street at Ninth Orton. Gilbert married a daughter of Wyllis street, so well known in recent years as the Silliman. He died November 18, 1844. His home of Dr. A. H. Brown. The old house, not sons, Gens. C. C. Gilbert and Samuel A. Gil- the remodeled one of to-day, was for many bert, are well known to you. Odlin went to years the noted dwelling of Zanesville, as the Dayton, and became a politician of note in Silliman homestead. There, in 1817, President Montgomery county, afterward prominent in Monroe, accompanied by Gen. Jacob Brown the legislature.

(then commander-in-chief of the armies of the In 1822, and thence for half a dozen years, United States), Gen. McComb, the victor of David Spangler practiced in Muskingum. He Plattsburg on Lake Champlain, and Gen. Lewis settled in Coshocton, and for many years led Cass, breakfasted while on a tour through the the bar there.

then West. In October, 1825, Judge Silliman "I began this list," says Judge Granger, was chosen to represent our county in the state "hoping to extend it to the present time, show- senate, and sat for two years. During his term ing the successive accessions to our bar, but I as state senator he came near being elected to found that time would neither permit me to the United States senate, Senator Ruggles suc- collect, nor impart the information required ceeding in securing a re-election by a close for such a purpose. I therefore, substitute vote after a heated contest. During President brief mention of some of our more noted law- Jackson's second term he appointed Judge Sil-

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HISTORY OF MUSKINGUM COUNTY.

liman solicitor of the treasury. In 1836 he re- prosecuting attorney of Licking county. In moved to Cleveland, thence to Wooster, and May 1814-during the war-he was made then to Cincinnati. But he returned to Zanes- brigadier general of the Fourth brigade, Third ville, and died there at the residence of his division, Ohio militia; represented our dis- son-in-law, Charles C. Gilbert, on the 13th day trict in congress from March, 1817, to March, of November, 1842. Judge John H. Keith, 1821. In 1829, President Jackson again ap- long resident at Chillicothe, but a practicing pointed him United States district attorney for lawyer at Zanesville for some eight or ten Ohio, but on June 29, 1830, he resigned that years, sketched Mr. Silliman as a lawyer and office and retired from practice. He lived at advocate as follows: "In my judgment, he 'Hill-Top,' his farm about two miles south-east was the greatest natural orator that I have ever of Zanesville until his death, about the first

Mr. day of March, 1852. General Herrick was a

had the good fortune to hear. * * * Silliman's early education was defective. He successful lawyer, and this list of the offices was a desultory reader of everything that came held by him shows that he must have been a in his way. His legal attainments were not of man of energy and ability, or he could not a very high order. Indeed, he was of no use in have commanded the approval of the judges a cause until it came to be argued. I never who appointed him to be prosecuting attorney; heard him examine a witness, or knew him to of the presidents who nominated him to the draw a pleading; all these were left to the jun- district attorneyship; and of the people who ior counsel in the cause. He reserved himself elected him to represent them in congress. to the highest-the advocacy branch of the For twenty years he was active and prominent profession. He was careless and illogical; en- in our community. I believe no son of his sur- tirely indifferent to his appearance. He vived him. Two of his grandsons, Edward H. looked as if his clothes had been pitched on and Charles Allen, served as officers of volun- him. He had not a particle of self-esteem or teers in the war of the rebellion, and Edward vanity, and was as sportive and playful as a entered our profession and now lives at Kansas boy. In all criminal cases, in breach of prom- City, Missouri.

ise and seduction cases, he was uniformly re- " As already stated, Samuel W. Culbertson, tained, and no case seemed perfect without in 1809, increased the bar of Muskingum to him. I heard him speak in every variety of four.

He was born in Pennsylvania, came to case, and after I was called to the bar I was Zanesville shortly after his admission to the sometimes associated with him in causes as bar, and continued in active practice from junior counsel. His voice, his manner and 1809 to the time of his death, in June, 1840. style of speaking, are just as familiar to me as For years he owned and resided on North if I now heard and saw him. But it was in Fifth street, on the premises now occupied by great criminal cases, where life and liberty Mr. Daniel Applegate, and used as his office were involved, that he 'especially put forth his the small brick building that yet stands at the giant powers. Mr. Silliman was stout and well- corner of the alley next north of the post formed, above middle height. Two of his sons office. His death was sudden-the result of came to the bar-George Wyllis, who died at apoplexy, and left him sitting in his office sea while returning from Europe, and Charles chair. So far as I can learn, Mr. Culbertson Oscar, who after some years' practice in Mis- never held any public office. His practice was souri, emigrated to California, where he now large and extended over the greater part of resides at Watsonville, Santa Cruz county. His Southeastern Ohio. In person he was tall, grandsons, Gens. C. C. and S. A. Gilbert, I have neither thin nor fat, and in mind quick, alert hereinbefore named.

and keen. He well understood human nature, "The other of our original legal triumvirate and was remarkably successful in the examina- was Samuel Herrick. He was born in Amenia, tion of witnesses, and in influencing juries. His Dutchess county New York, April 14, 1779; speech was affected by a lisp, but such was his read law under Judge Thomas Duncan, at Car- manner that the apparent defect was often a lisle, Pa., and came to the bar June 4, 1805. help to him. In all the county towns from He appeared at August term, 1805, of New Philadelphia south and southeastwardly to Muskingum common pleas, was appointed the Ohio the older lawyers still delight to talk prosecuting attorney of Guernsey county in with Zanesville men about "Sam. Culbertson," 1810; also, in the same year, United States dis- and to repeat anecdotes touching his cases. trict attorney for Ohio, in 1812, succeeding Perhaps I can take time to tell one that will Cass as prosecuting attorney of this county, illustrate his readiness. A client of Culbertson and retaining all these offices, in 1814 becoming had sued a client of Gen. Goddard for ren-

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HISTORY OF MUSKINGUM COUNTY.

dering impure the water of a well by changing the Constitution of Ohio. A kind husband; an a drain. Witnesses differed as to the effect of obliging neighbor; punctual in his engage- the drain upon the water of the well, and Gen. ments, of liberal mind and benevolent dispo- Goddard exhibited to the jury some of the sition, his death was sincerely lamented.

water in a glass and descanted upon its clear- ness and purity, and seemed about to carry the jury with him. Culbertson, in reply, boldly picked up the glass, reminded the jury of the General's argument, and then placing the glass upon the table, took a dollar from his pocket and clapping it down by the side of the glass, cried out, "Gentleman of the jury, I'll give General Goddard that dollar if he'll drink that glass of water." He knew that his opponent was too dignified to accept such a banter, and won a verdict. Mr. Culbertson's second son,

""'As o'er this stone you throw a careless eye,

(When drawn perchance to this sad, solemn place,) Reader, remember-'tis your lot to die;

You, too, the gloomy realms of death must trace.

When yonder winding stream shall cease to flow,

Old ocean's waves no longer lash the shore, When warring tempests shall forget to blow, And these surrounding hills exist no more, This sleeping dust, reanimate shall rise,

Bursting to life at the last trumpet's sound,

Shall bear a part in nature's grand assize,

When sun, and stars, and time no more are found.

" Thomas Ewing, the elder, and Lewis Cass, Alexander S. B. Culbertson, came to the bar while the one was senator, and the other sec- and practiced in this county at first with his retary of war, in President Jackson's time, be- father and afterwards alone, and died here. cause of their regard for the friend and asso- One of his daughters married Joshua Mathiot, ciate of their first years at the bar, of their own who was a member of the Muskingum bar for motion named Robert S. Granger, Ebenezer eight or ten years subsequent to 1824, and then Granger's only child, to a cadetship at West removed to Newark, and until his death, in 1849, Point. He there graduated in 1838, in the same was a leader of the Licking bar, and for a class with Irvin McDowell and William J.

time a congressman.

Hardee, and as I have already stated rose to

" In 1810, Ebenezer Granger, an elder brother the rank of major-general by brevet at the of my father came to Zanesville. He was close of the war with the rebellion.

born in Suffield, Connecticut, on July 6, 1781;

"From 1817 to 1864,- forty-seven years,-

studied law at Washington City, under Gideon Charles Backus Goddard was a member of our Granger, the then postmaster general. On bar. He was born at Plainfield, Connecticut. July 31, 1815, he married Eliza Seaman, sister His father, Calvin Goddard, lived the greater of the half-blood to Henry Stanbery. After part of his life at Norwich, Connecticut, and an active practice of about ten years, he died was a judge of the supreme court of that statc. September 17, 1822. As his death occurred Charles B. Goddard came to Ohio in 1817. He years before I was born, I can only speak of traveled from Pittsburg to Marietta in a small him from hearsay. Old lawyers whom I have open row-boat; stayed a few weeks in Marietta, met in the course of my own practice in South- and then, by the advice of Mr. David Putnam, eastern Ohio, led to speak of him to me be- selected Zanesville as his home. He went to cause my surname was the same as his, have Gallipolis in company with Thomas Ewing, and often told me that he was a studious, well-read was there admitted to the Ohio bar. Settling able lawyer, sure, if his life had been prolonged, in Zanesville, he married Harriet Munro Con- to take a high place in the profession, and that vers, daughter of the Daniel Convers hereto- he was a man of honor and integrity. Towards fore mentioned, on June 6, 1820. He soon the close of John McIntire's life, Mr. Granger cquired a large practice in the Muskingum was his attorney, and to him was assigned the valley, and continued in active professional duty of composing the epitaph of that founder labor to near the day of his death, which was and benefactor of our city. It may interest the first day of February, 1864. In 1838-39, he you to hear it read. It was inscribed upon the represented Muskingum in the house of rep- plain stone that first marked the grave, and is resentatives of Ohio, and from December, 1845, repeated upon the monument that a few years until the spring of 1849, in the Ohio senate, of ago was substituted for the old and worn-out which last named body he was speaker, during slab. It is as follows:

the session of 1847-48. He was major-general of "'Sacred to the memory of John McIntire, Ohio militia for a number of years. I believe he who departed this life July 29, 1815, aged fifty- held no other public office. He was well read six years. He was born at Alexandria, Vir- in both general literature and in law; indefati- ginia; laid out the town of Zanesville, in 1800, gable in work; earnest, dignified and forcible of which he was the Patron and Father. He as an advocate; he relied more on reasoning was a member of the convention which formed from principle than precedents. A competitor

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HISTORY OF MUSKINGUM COUNTY.

of Ewing, Hunter, Stanbery, and others of read, both in general literature and in law; he like repute, he was 'a foeman worthy of their was ambitious of distinction, and evinced a steel.' He possessed a high sense of honor, and capacity and an aptitude for the law, that, ever sought to elevate the ethical standard and backed by energy, perseverance and attention esprit du corps of the profession. He was gen- to business, could not have failed, if his life crous and hospitable. He outlived all his early had been prolonged, to win for him a brilliant associates and rivals in the Muskingum bar; reputation and an assured position in the front was in continuous practice much longer than ranks of the profession. As a prosecutor his any other; for many years he stood at our head, success was marked-although he conducted, a leader worthy of the regard and respect of either alone, or assisted only by some newly our whole community. An accurate portrait admitted tyro, even during his first term, a of him hangs in the library of the Zanesville number of complicated and difficult causes against counsel of distinction, great ability, and Athenæum.

"I will outline the life of but one more of much experience. It is sad to miss this com- our honored dead. John Caldwell Hazlett, son rade as we open this temple of justice. Would of Robert and Lucy Hazlett, was born in New- that he were here with all the powers of his ark, Ohio, September 24, 1831. His parents youth strengthened by time and use! a com- moved to this place in his childhood. He and petitor to excite us onward in all the nobler I were schoolmates in Zanesville, and for a contests at this bar; a comrade whose wit and year, in 1847-48, collegemates at Kenyon, Gam- intelligence would add zest to our assemblies; bier, Ohio. He afterward went to the Ken- a friend on whose help we could rely at need. tucky Military Institute, at Blue Lick Springs, "Others of our dead are worthy of remem- and there graduated with honor, in 1851. He brance here-but space forbids the attempt to at once began the study of law under Judge speak of all. I must content myself with such Stillwell, and came to the bar in December, mention as I have already made and invoke 1853. He, for short periods, practiced first as among my brethren of the bar and the people my partner and then with Judge Searle, but here, who know them, kind recollections of the having married Ellen, second daughter of many others of Muskingum's deserving law- Judge Stillwell, on December 19th, 1854, the yers who no longer live. Let me speak briefly judge retired from the bench and resumed of some who have gone out from us, and, by practice with his son-in-law. In October, their achievements in the forum, on the bench, 1855, Mr. Hazlett was elected prosecuting at- or in public life, have made us glad to count torney for this county, and was re-elected in them as once members of the bar. Henry 1857 and 1859. During the night of Sunday, Stanbery, attorney general of Ohio from 1846 April 14-15, 1861, President Lincoln's call for to 1852; attorney general of the United States 75,000 three months' volunteers was telegraphed 1866-68, named by President Johnson for a seat over the country, and ere Monday's sun went upon the bench of the national supreme court: down, Capt. John C. Hazlett's company was a lawyer of national reputation, standing in the almost, if not quite, full. He reported with it first rank; was born here, studied law here; at Columbus, and by the Thrusday following, was admitted in 1825, and tried some of his as already stated, was passing by rail tlirough first causes in 'Old 1809.' Noah H. Swayne, a Pennsylvania, en route for Washington, with national Supreme Judge, since 1862, resided at his company and regiment. He was present Coshocton and practiced regularly in this at Gen. Schenck's 'reconnoissance by rail' at county for several years, beginning in 1825. Vienna, and afterward fought in McDowell's bat- Hugh J. Jewett, our county's senator in 1853-55: tle of Bull Run. Returning home in August, at defeated as a Democratic candidate for con- the muster-out of his three-months' men he at gress, in a Republican district, by only sixty- once recruited a company for 'three years or four votes in 1860; nominated for governor of the war,' and with it entered the second Ohio Ohio by the Democrats in 1861, he substituted volunteer infantry. With this regiment he for a platform disapproved by the ' War Democ- served in Kentucky, Tennessee and Northern racy,' a letter of acceptance full of outspoken, Alabama, taking part in the battles of Perry- patriotic devotion to the Union. A congress- ville and Stone River. At the last named fight man from the Columbus district in 1873-74; long he received the wound that caused his death; a prominent railroad president, and now and for he died June 7, 1863. Capt. Hazlett was of some years past, the trusted president of the slight frame, about five feet nine inches in New York and Eric railway; lived here for height; of a quick, nervous temperament; many years, and was in active practice from possessed of an active and strong mind; well about 1848 to 1857.

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HISTORY OF MUSKINGUM COUNTY.

"Samuel Sullivan Cox, whose long service and expectation as to the future. The silent in congress (from 1857 to 1865, as representa- records picture to us the parts they played. tive from the capital district, Ohio, and since Some few. succeeded, realizing perhaps as 1871, from New York city, ) and his prominent nearly as mortals may, the hopes of their position as a leader in the Democratic party, youth. More attained positions mediocre, yet have given him a national reputation, was born respectable; some merely failed; some few were in Zanesville, in October, 1824. His father, worse than failures, showing themselves not Ezekiel T. Cox, was for many years clerk of mere incapable or unsuccessful lawyers but bad our county courts, and the son assisted his men. I will name no one of these. If any yet father in the discharge of the office duties. Hc live their offending is known and remembered graduated at Brown University, Providence, by themselves and by some others. Itisenough Rhode Island, in 1846; was admitted to the for this ocasion to say that the bar of Muskin- bar about 1848, and practiced at Zanesville until gum during the first seventy-two years of its 1853. Washington Van Hamm, who began life has not escaped the lot of all associations practice here in 1833, and was a common pleas of men: that it has had unworthy members.

judge, at Cincinnati, from 1857 to 1862, was "But is this allotment -- to one success, to born and grew to manhood herc. William others failure, the result of chance ? Not so ! Wartenbee Johnson, who was common pleas Cause and effect are plainly traceable. It judge in the Lawrence district, from 1858 to seems to me that if the young beginner but 1867, and is now a judge in the supreme court ask himself at the outset, 'What should a commission of Ohio, was born in Muskingum client desire in his lawyer ?' the easily dis- county, educated at Muskingum college, and covered answer to the question must indicate studied law in the office of Judge Convers, at not only the means, but also the probability of the same time with myself. He was admitted success, if the questioner knows himself. to the bar while still a resident of our county. Ability (not necessarily first class-average

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Biographical and historical memoirs of Muskingum County, Ohio. Embracing an authentic and comprehensive account of the chief events in the history of the county and a record of the lives of many of the most worthy families and individuals, Part 34

Author: Publication date: 1892 Publisher: Chicago, Goodspeed Pub. Co. Number of Pages: 642

Author:
Publication date: 1892
Publisher: Chicago, Goodspeed Pub. Co.
Number of Pages: 642