Centennial History of Butler County, Ohio, Part 25

Author: Bert S. Bartlow, W. H. Todhunter, Stephen D. Cone, Joseph J. Pater, Frederick Schneider, and others
Publication date: 1905
Publisher:
Number of Pages: 1149

USA > Ohio > Butler County > Centennial History of Butler County, Ohio > Part 25

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).

By the legislative act of April 25, 1898, the trustees of both the gas and electric light plants and also the water works are re- quired to make all proper connections with the monument at Hamilton and to furnish perpetually a supply of the product of each, free of charge.

The act further authorized and directed the levy of a tax of ten-twelfths of a mill on the dollar on all the taxable property of the county for a period of three consecutive years, the same to be collected annually. The

distinctive purpose of the act was defined to be that of erecting two suitable monuments, one to be located in Hamilton, and one at Middletown, Ohio. The money collected was authorized to be placed in the county treasury to the credit of "monument fund," nine-twelfths of which sum should be used for the Hamilton monument and one-twelfth for the erection of a monument at Middle- town; provided that the question of levying such tax should be submitted to the quali- fied electors of the county at a general or special election.

Upon the completion of the Hamilton monument, the committee, the act provides. shall turn the same over to the city, and it shall thereafter be taken care of by the city authorities. The committee having the erec- tion of the monument in charge shall then cease to exist. All expenses necessary to maintain and keep the monument in repair, beautify the grounds and all other necessary expenses connected therewith shall be paid out of the general expense fund after the "monument fund" has been exhausted.

In the latter part of April, 1898, a meet- ing of the committee was called by President Margedant and the following were chosen as the persons to be recommended for ap- pointment to the then governor of Ohio, Hon. Asa Bushnell, by and with the consent of senate, and as a committee of ten under the provisions of the law: W. C. Marge- dant, James E. Campbell, D. H. Hensley, S. S. Wintersteen, James Fitton, George T. Earhart, Dr. J. H. Roll. Aaron Wesco, N. B. Tubbs, Joseph W. Myers.

The secretary of the meeting, James Fit- ton, sent the above list of names to the gov- ernor and on April 26th Governor Bush- nell appointed the following committee: W.

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C. Margedant, James E. Campbell, D. H. Hensley, S. S. Wintersteen, James Fitton, George T. Earhart, Aaron Wesco, Dr. J. H. Roll, N. B. Tubbs, W. S. Giffen.

Hon. William S. Giffen failed to qualify as a member of the committee of ten. John R. Woods was also appointed on the com- mittee, but refused to qualify.

Upon resolution of D. H. Hensley, of- fered at the meeting of June 10, 1898, Jo- seph W. Myers was elected a member of the committee. With this and but two other ex- ceptions the committee remains the same as appointed by Governor Asa Bushnell.

Captain W. C. Margedant resigned on account of failing health June 10, 1898, as president and member of the committee, L. P. Huston was elected his successor on the committee and James E. Campbell was chosen president. On this date Aaron Wesco was elected secretary of the commit- tee of ten.

D. H. Hensley, first vice-president, died February 18, 1898, and Dr. Henry H. Mallory was appointed to fill the vacancy ; and L. P. Huston elected to first vice-presi- dency.

September 1, 1899, the committee peti- tioned the deputy state supervisors of elec- tions to submit to the voters of Butler county the question of placing a tax of ten- twelfths of a mill on all taxable property of Butler county, the same to be collected dur- ing the following three consecutive years.

The question was submitted to the voters of the county for settlement at the Novem- ber election of 1899, and the official returns of the vote showed the following result :

HAMILTON.

In favor of monument. .3,204 Against the monument 987

Majority in favor in Hamilton 2,311

OUTSIDE OF HAMILTON.

In favor of monument. 2,652

Against the monument. 3,650

Majority against the monument 998

TOTAL.

In favor of monument.

.5,856

Against the monument

4,637

Majority 1,219

John C. Weaver prepared plans and specifications for retaining walls at the mon- ument site and on April 1, 1901, bids were received for the erection of the walls. On the fourth of the same month the contract was awarded to George W. Kindred at $7,- 095.90 as being the lowest and best bid, he agreeing to furnish Jasper limestone in the construction. Subsequently Mr. Kindred assigned the contract on April 18, 1901, to Horace Shields and W. H. Louthain.

Ground was broken for the retaining walls April 24, 1901, and the work of con- struction continued during the summer and fall. After their completion, the com- mittee decided to build thereon a stockade and block houses, and con- tracted with F. Horssnyder for this work. This addition proved a de- cided improvement to Monument Place, and restored. in a manner, its original appear- ance, when it was occupied by old Fort Hamilton. Plans for the memorial monu- ment were invited from various architects and those submitted by Frederick Noonan, of Hamilton, were adopted. Bids were re- ceived for the construction of the monument according to the plans and specifications, and the F. P. Stewart Granite Company, of Hamilton, being the lowest and best bidder. was awarded the contract on May 2, 1902. at their bid of thirty-three thousand four hundred and ninety dollars.

The laying of the corner-stone of the

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memorial monument was attended by ap- propriate ceremonies on Thanksgiving day, November 27, 1902. At 8:30 o'clock the members of Wetzel Compton Post, No. 96, Grand Army of the Republic, assembled at the G. A. R. Hall, in High street. A num- ber of visiting members of the posts at Middletown, Oxford, Dayton and Cincin- nati and the Spanish-American war veterans also gathered there. At 9 o'clock a parade was formed in High street and, headed by the Apollo Band, they marched to Monu- ment Place. The corner-stone was laid at the northeast corner of the structure and the ceremonies attending it were in accord- ance with the ritual of the Grand Army of the Republic. Commander E. M. Imes, of Wetzel Compton Post, No. 96, Grand Army of the Republic, of Hamilton, presided as master of ceremonies. The exercises opened with prayer by Rev. Charles E. Schenk, pas- tor of the First Methodist Episcopal church. Then followed the laying of the corner- stone. The beautiful military service of the Grand Army of the Republic was read by the officers of Wetzel Compton Post, and at the close the stone was placed in position on the foundation. Beneath the stone and in the receptacle for it was placed a lead box containing the following articles : Copies of the Butler county daily and weekly papers: law enacted by the legis- lature authorizing the construction of the memorial; typewritten copies of addresses by Hon. D. W. McClung and Warren Gail. Esq .; roster of the pioneers of Butler county ; history of the Pioneer Association of Butler county; roster of Samuel Johns Post. No. 137, Grand Army of the Republic. Hamilton : roster of Ex-soldiers and Sailors' Association, of Hamilton : roster of Wetzel Compton Post, No. 96. Grand Army of

the Republic, of Hamilton; roster of Jacob Banker Post, No. 70, Grand Army of the Republic, of Middletown; roster of Dear- dorf Brock Post, No. 506, Grand Army of the Republic, of Middletown; roster of Ferd Van Derveer Post, No. 70, Grand Army of the Republic, of Middletown; roster of Mil- likin Post, No. 228, Grand Army of the Re- public, of Oxford; roster of John Brown Post, No. 450, Grand Army of the Republic, of Oxford; roster of Union Veteran Legion, of Middletown; roster of Union Camp, Sons of Veterans, of Middletown; roster of Spanish War Veterans, Captain W. C. Margedant Camp, No. 128, of Hamilton; roster of county and city officials ; roster of Wetzel Compton Relief Corps, No. 5, of Hamilton; roster of Millikin Relief Corps. No. 49, of Oxford; roster of Ferd Van- Derveer Relief Corps. No. 65. of Middle- town; roster of the Ladies of the Grand Army of the Republic, of Middletown; ros- ter of the Daughters of the American Revolution, of Hamilton; specimens of United States coins in current use; Grand Army of the Republic badges and buttons : list of the memorial building committee of fifteen and ten; badge of Woman's Relief Corps : one buckeye ; copies of specifications and contract with the F. J. Stewart Granite Company. of Hamilton.

Owing to the inclement weather the re- mainder of the program was rendered in the Globe Opera House. Able orations were delivered by Prosecuting Attorney Warren Gard. who spoke on behalf of the citizens of Butler county, and Hon. David WV. McClung. of Cincinnati, who delivered an address appropriate to the formal he- ginning of the memorial.

The work of construction. while it was attended by considerable delay. has been

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executed in a most skillful and artistic man- ner, and the completed structure is one that the citizens of Butler county can point to with pride. The memorial structure is of steel frame work, faced with cut stone, and is about fifty feet square at the base, with wings projecting on either side,-north and south,-each ten by sixteen feet. It is three stories in height, including the basement, and is surmounted by a bronze statue of Victory, representing a Union soldier in the act of cheering after having achieved a victory. The statue weighs three thousand five hundred pounds, and is seventeen feet high. and towers from its pedestal over one hundred feet in the air. It was designed and modeled by Rudolph Thiem, of Hamilton. and was cast at the Hamilton Metal Pattern Works. The monument is finished interior- ly with marble and has a grand staircase. leading from the second to the upper story. The main entrance is to the second story. Inside are hung marble tablets bearing the rosters of the pioneers of the county. and of the soldiers of the Revolution. the war of 1812, the Mexican war. and the Civil and Spanish-American wars. The third floor. or rotunda. is to be utilized as an assembly room. with which are connected com- modious committee rooms on the north and south. The art glass windows with which the memorial building is equipped through- out were designed and furnished by the Erkins Glass Company. of Cincinnati. The

subject of the west window is "The Woman's Relief Corps," showing the women and children making lint, packing bandages and doing work in general for the soldiers. The furniture and costumes are of the period of 1861-1865. The east window represents the women taking care of wounded soldiers near the hospital tent and in the rear of the battlefield. The skylight of the dome is of geometrical design, shaded from gold to nearly white. The design of the north window is the Grand Army of the Republic seal, and that of the south window is the great seal of the state of Ohio.

The following was the contract cost of the structure :

Architect Frederick Noonan, 5 per cent.

of total cost.

Retaining walls, Shields & Louthain .. $ 7,302.36 Stockade and blockhouses, F. Horssnyder 3,069.00 Memorial building, F. B. Stewart & Co .. 33,490.00 Plastering. George Schiear. 1.150.00

Wood work, Ben Evans Co 375.00

Wood work (extra) Ben Evans Co 50.00

Hardware, J. B. Schroder Co. 113.00

Wiring and fixtures, Devere Electric Co. 864.00 Safe, Herring-Hall Marvin Co 47.00

Cement work, Frank Kinch .. 1,036.00

Art glass frame for dome, Witt Cornice Company 300.00

Art glass windows, Erkins Glass Co. 2,000.00

Extra iron work, Jacob Lorenz. 91.00

Inside marble work. F. P. Stewart & Co.

6,323.00

Extra, lettering of names, 4,300 or more, 3 cents a letter.

Steam heat and plumbing, John L. Walker 1,645.00

Statue of Victory, Rudolph Thiem 3,250.00

COURTS AND BAR.

On May 10, 1803, the first session of a court of justice in Butler county was held at Hamilton, the home of John Torrence as we have recited being utilized for that pur-

pose. The first regular term began with Francis Dunlevy as presiding judge and Daniel Symmes prosecuting attorney. The first session of the supreme court

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was convened on October 11, 1803, and was presided over by Judges Samuel Huntington and Samuel Sprigg, while Ar- thur St. Clair, Jr., was prosecuting attor- ney. Judge Dunlevy, who possessed great strength of character and wielded a wide influence, was descended from a family originally from Spain, but which, having become Protestants, fled from that country to France, where they remained until the revocation of the edict of Nantes. Daniel Symmes, referred to above as the first pros- ecuting attorney, was a resident of Cincin- nati and was appointed to the position for the reason that there was no resident law- yer here to fill the position. He was a na- tive of New Jersey, a son of Timothy Symmes and a nephew of Judge John Cleves Symmes, and was a graduate of Princeton College. His successor in the office of pros- ecuting attorney was Arthur St. Clair, Jr., a son of General St. Clair, and a man of means and marked mental ability. At the beginning of Ohio history he was a candi- date for territorial delegate, but was de- feated by William Henry Harrison.

William Corry was the first lawyer who located himself at Hamilton. He was born near the Holstein river, in Washington county, Virginia, on December 14, 1778, and received a liberal education at Parson Duke's academy in Tennessee. In 1798 (then a minor) he came to the Northwest- ern Territory and studied law with Wil- liam McMillan, of Cincinnati, to whom he was distantly related. In 1803 he removed to Hamilton and commenced the practice of the law. In 1807 he was appointed prose- cutor for the state, which office he held until his removal from Hamilton, in the year 1810. In the fall of 1807 he was elected a

member of the general assembly of Butler county, and served during the ensuing ses- sion of the legislature.

' In March, 1810, Mr. Corry was married to Eleanor Fleming, a daughter of Thomas Fleming, an old settler who had emigrated from Maryland and lived on the south side of Butler county. Mr. Corry then deter- mined to abandon the practice of the law, and in September following removed from Hamilton and settled on his farm near Cin- cinnati. But in May, 1811, he removed from his farm to Cincinnati, where he again re- sumed the practice of law. He was subse- quently elected and represented the county of Hamilton in the general assembly. He was appointed by the town council to the office of mayor, then first created, and held it until 1819 by appointment. He died in that city on the 16th of December, 1833.

Mr. Corry, from a natural timidity and modesty which he was never able to over- come, did not appear conspicuous at the bar as an orator ; but he was highly esteemed as a thorough-read lawyer and good counsellor. As a member of the bar, legislator, mayor of the city and private citizen, he maintained a high character. He was distinguished for purity of motive and moral firmness in the discharge of his public and private duties.

David K. Este was the second lawyer who settled in Hamilton. He was born at Morristown, New Jersey, on October 21, 1785, where he received the rudiments of his education. He afterward entered Prince- ton College, where he graduated in Septem- ber, 1803. In the spring of 1804 he com- menced the study of the law, and was in due time admitted to the bar by the supreme court of New Jersey. In May, 1809, he left that state and came to Ohio, and in June

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following settled in Hamilton, commenced the practice of his profession and made his maiden speech in the court house of this county. In 1810 he was appointed prose- cuting attorney, in the place of William Corry, who had removed to Cincinnati, which office he held until April, 1816. about which time he left Hamilton and went to Cincinnati. There he continued the prac- tice of the law until 1834, when he was ap pointed president judge of the court of com- mon pleas. He held that office until Feb- ruary, 1838, when he was appointed judge of the superior court of Cincinnati for seven years. In 1845, when his term of service expired, he declined being a candidate for re-appointment and retired to private life.

Mr. Este was a fine classical scholar and a well-read lawyer; and by his regular hab- its and strict attention to business acquired a large fortune.

Among the pioneer members of the bar (contemporaneous with the above) was John C. McManus. His knowledge of the law and his information on other subjects was but limited, but by his hustling manner and his attendance at crowds and public meet- ings he acquired a considerable share of practice. He was a candidate for a seat in the assembly from Butler county, but failed in his election. In 1817 he retired from the bar and removed to Preble county, where he resided until his death, which occurred in the early part of 1851.

Joseph S. Benham was born near Leb- anon, Warren county, and was the son of Robert Benham, one of the pioneers of the western country whose name is identified with its early history. In 1808 and 1800 he was a boy attending school in Hamilton. He then lived with his sister, Mrs. John

Torrence, afterward Mrs. John Wingate. who then kept a tavern. He studied law with David K. Este, was admitted to the bar, and commenced practice in Hamilton.

Mr. Benham devoted much of his time to the acquisition of the graces of oratory. He paid particular attention to elocution, and his voice and manner of speech were capti- vating. Few men could address a jury more eloquently or effectively, and as a popular speaker fewer yet surpassed him. He re- mained at the bar of this county until 1821. when he removed to Cincinnati. He prac- ticed law in Cincinnati until 1831, when he went to Louisville, Kentucky, thence to St. Louis, where he remained until 1837. In that year he returned and settled in Coving- ton, Kentucky, and took the professorship of commercial law in the Cincinnati Law School. About this time he became the owner and editor of the Ohio and Kentucky Journal, a weekly Democratic paper, which he published in Cincinnati for about one year, when, in August, 1838-9, he devoted himself to the study of the civil law, at his residence (Elmwood) in Kentucky, opposite Cincinnati, and then removed to New Or- leans, where he settled again in the practice of the law. The ensuing summer he was on his way from New Orleans to New York. when he died at the Pearl Street House, Cin- cinnati, on July 15, 1840.

Mr. Benham was twice married, first to Isabella Green, of Hamilton, who died in October, 1829, and the second time to Maria L. Slocum, of the District of Columbia.

In the year 1815 Benjamin Collett came from Lebanon, Warren county, opened a law office in Hamilton and commenced the practice of his profession. He was a grad- uate of Dickinson College, Carlisle, Penn-

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sylvania, and had studied law at Lebanon with the Honorable John McLean, and his brother, Joshua Collett. He was a thorough classical scholar, and his information on all subjects extensive for a man of his age. As a well-read lawyer he was excelled by none in the state. In declamation he was not eloquent or flowery, but he always under- stood his subject well, and expressed himself in a systematic and logical style, which com- manded the attention of the court and jury. He soon acquired a very respectable prac- tice. In April, 1816, he was appointed pros- ecuting attorney for the county of Butler. and held the office until 1820. A year or two afterward he returned to Lebanon. where he lived and died, loved and lamented by all who knew him.

George Sargeant, a native of Vermont came to Hamilton in the year 1816, and studied law with Joseph S. Benham. He was admitted upon the completion of his course of study, and commenced the practice immediately afterward. Although he had . not the advantage of an early education, his native Yankee shrewdness and wit. with a ready flow of words, enabled him to succeed tolerably well at the bar. Where sarcasm of ridicule were admissible, he excelled. He continued to practice until about the year 1826. His habits for a number of years were very intemperate, though he was sel- dom seen drunk in public. He would pur- chase his bottle of whiskey in the evening and take it to his office, where he would in- dulge himself during the night. A contin- uance of this habit finally impaired the faculties of his mind, and in September, 1827, he became so deranged that he had to be confined. The Masonic fraternity, of which he was a member. appointed a com-

mittee of their members to see to his condi- tion. He was supported and cared for by the society for about a year, when he was ta- ken in charge by the county commissioners. He was afterward taken to an asylum in Cincinnati, where he remained several years chained to the floor, and was then re- moved to the asylum at Columbus. He never recovered from his derangement.

Several other lawyers, however, regu- larly attended the courts at Hamilton, amongst whom were Jacob Burnett, after- ward judge. Arthur St. Clair, Ethan Stone, Nicholas Longworth, George P. Torrence and Elias Glover. from Cincinnati, John McLean, afterward a justice of the supreme court of the United States, and Joshua Col- lett. from Lebanon, and some years later, Thomas L. Ross and Thomas Freeman, also from Lebanon. The bar was a very able one and the lawyers were in the habit of preparing their cases in an elaborate and masterly manner.

The resident lawyers of Hamilton in 1842 were John Woods, F. D. Rigdon, Wil- liam Bebb, J. P. Reynolds, Jesse Corwin, Alfred C. Thomas, Elijah Vance, Thomas Millikin. John B. Weller, Michael C. Ryan, Oliver S. Witherby. Ezekiel Walker and Thomas H. Wilkins. Lewis D. Campbell and John M. Millikin having retired from the practice prior to this time.

One of the most promising of the younger attorneys of the early court here was Michael B. Sargeant, who was not only a fine classical scholar and conversant with elegant literature. but was a brilliant and well-read lawyer. His death occurred sud- denly on the night of April 19, 1830. at the early age of thirty-three years.

During the period from 1844 to 1858

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the following attorneys practiced at the lumbus. In the 'forties he served one year Hamilton bar: Charles Richardson, Val- as prosecuting attorney of Butler county. In 1874 he declined an appointment to the supreme bench. entine Chase, William Shottwell, Robert Hazelton, Moore C. Gilmore, Thomas Mil- likin, Isaac Robertson, George Webster, Another of the able lawyers was the late Henry L. Morey, the senior member of the firm of Morey, Andrews & Morey, which enjoyed a large and lucrative practice. Mr. Morey was devoted to his profession, and was a wise counselor and an able advocate. William H. Miller, William P. Young, John B. Weller, J. M. Nutt, I. W. Crosby, Thomas Moore, John W. Wilson, James Clark, James B. Millikin, William E. Brown, E. V. Wilson, J. H. Gist, Alex. F. Hume, Josiah Scott, N. C. McFarland, Jesse Corwin and Elijah Vance.

James Clark was a native of Adams county, Ohio, born in 1830, and was gradu- ated from Miami University in 1854. He studied law. was admitted to the bar and later was elected judge of the common pleas court. As a lawyer, jurist and scholar he exhibited marked ability, and was the pos- sessor of a fine library.

The attorneys practicing at this bar in 1866 were Isaac Robertson. Thomas Milli- kin. N. C. McFarland. M. N. Maginnis. Robert Christy. Alex. F. Hume. William E. Brown. J. B. Millikin. Thomas Moore. A. W. Scott. Elijah Vance. Ransford Smith. Ferd VanDerveer. Israel Williams, S. Z. Gard. W. A. Kinneer. P. C. Conklin. Stephen Crane, A. W. Eckert and Alex. C. Hughes. S. C. Symmes. Frank H. Shaffer and N. E. Warwick were here in 1870 and Houston James came ten years later.

Of the lawyers who have practiced in Butler county during the last half a cen- tury perhaps the most distinguished was Thomas Millikin. At the time of his death he had been practicing almost sixty years. and had been associated with many of the important cases tried during that period. His specialty was wills, and he won great distinction in the Deshler will case at Co-

The oldest practicing member of the Hamilton bar is Judge Alexander F. Hume. He began practicing in 1852 and has won an enviable distinction in his profession. He has served several terms as common pleas judge. and in 1878 came within three thou- sand votes of an election as supreme judge of Ohio. Judge Hume, though an old man. is actively engaged in the practice of law.

Among the law firms of Hamilton now practicing in the Butler county courts are : Andrews. Harlan & Andrews. Slayback & Harr. Neilan & Neilan. Bitkley & Bickley. Millikin & Shotts, Shepherd & Shaffer and Shank & Shank.

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Centennial History of Butler County, Ohio, Part 25

Author: Bert S. Bartlow, W. H. Todhunter, Stephen D. Cone, Joseph J. Pater, Frederick Schneider, and others Publication date: 1905 Publisher: Number of Pages: 1149

Author: Bert S. Bartlow, W. H. Todhunter, Stephen D. Cone, Joseph J. Pater, Frederick Schneider, and others
Publication date: 1905
Publisher:
Number of Pages: 1149