Centennial history of Cincinnati and representative citizens, Vol. I, Pt. 2, Part 20

Author: Greve, Charles Theodore, b. 1863. cn
Publication date: 1904
Publisher: Chicago : Biographical Pub. Co.
Number of Pages: 1048

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Judge Burnet of course continued to be one of the most notable figures both at the bar and on the bench. He had retired from the practice in 1817 but in 1821 he accepted a position on the Supreme bench of the State. This he resigned in 1828 to accept an election to the United States Senate to fill the vacancy caused by the retire- ment of General Harrison, who had been ap- pointed by President Adams, Minister to Coluni- bia. Burnet's term in the Schate expired in 1833 and from that time until his death, 20 years later, although not actually engaged in practice, he was regarded as a leading figure at the bar.

Another of Cincinnati's most distinguished lawyers was Bellamy Storer, born in Maine in 1796. He studied at Bowdoin College and after- wards in Boston, where he was admitted to the bar in 1817. He shortly afterwards moved to Cincinnati, where he almost immediately took a position of prominence. He is said to have been one of the 25 editors associated with Sam- uel J. Browne in writing for the latter's paper, the Crisis. In 1834 he was elected by the Whigs to Congress, defeating the well known Gen. Robert T. Lytle, who was supported by the administration. While in Congress he won for himself a distinguished position. He was an ardent supporter of General Harrison, his warm personal friend, and did much towards his election to the presidency. He was presidential elector in 1844 and in 1854 was elected one of the judges of the Superior Court of Cincinnati, be- ing associated with O. M. Spencer and William Y. Gholson, the three making up the most dis- tinguished court in the county's history. He held this position for 18 years, at which time he re- signed. He was for many years a professor in the Cincinnati Law School. Upon his retire- ment from the bench in 1872 he returned to the

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practice of the law, associating himself with his son of the same name. He died June 1, 1875.

Storer, throughout his whole life, was one of the most conspicuous of Cincinnati's citizens, renowned for his ability as lawyer and judge, for his public spirit as a member of the community and for his wide learning and keen wit. Of no member of the bar have more anecdotes been told and no name stands higher in the list of Cincinnati lawyers. ( Mansfield's Memories, pp. 163, 165, 166 and 286; Carter's "Old Court House," pp. 45-47.)

Joseph S. Benham has been frequently men- tioned in this volume. As stated eleswhere, he was a Kentuckian of great eloquence and most imposing appearance. He it was who delivered the address on behalf of the citizens welcoming Lafayette and of him Judge Carter tells some of his most amusing stories. He figures in "Horace in Cincinnati" as follows :

With person of gigantic size, With thund'ring voice, and piercing eyes, When great Stentorious deigns to rise, Adjacent erowds assemble, To hear a sage the laws expound, In language strong, by reasoning sound, Till, though yet not guilty found, The culprits fear and tremble.

He was one of the faculty of the Ciniennati Law School in 1836 and afterwards. ( Mans- field's Memories, pp. 164 and 288; Carter's "Old Court House," pp. 38-41.)

Samuel R. Miller was for a time associate judge and afterwards Speaker of the House of Representatives. Elijah Hayward, one of the old lawyers of Cincinnati, was appointed to the Supreme Court of the State in 1830. He is mentioned as a good lawyer and reputable judge but without any special prominence. He was obliged to resign on account of his poor health. Samuel Lewis was the friend of William Wood- ward and one of the trustees under his will. He was for a time in the clerk's office under Major Gano and was afterwards superintendent of the . common schools of Ohio. Ile became distin- guished in later life for his anti-slavery agita- tion and was a candidate of the Liberty 'party for Governor in 1846, 1851 and 1853 and the president of the National Liberty Convention at Buffalo in 1847. .

William Greene was a well known attorney who came originally from Rhode Island, where he graduated at Brown. He was president for some years of the Common School Board, dean of the Law School of the Cincinnati College and a trustee of the MeMicken fund. He afterwards

returned to Rhode Island and became Lieutenant - Governor of the State in the "sixties." He lived to the age of 86, dying in 1883. While a mem- ber of the bar he took special pride in his knowl- edge of constitutional law and became known as "Constitutional Billy" Greene. (Carter's "Old Court House," pp. 81-85.)

Dan Stone was for a number of years a mem- ber of the Legislature and took an active part in the politics of the time. Benjamin F. Powers was a brother of Hiram Powers, the sculptor. He did not devote much attention to the practice of the law but soon drifted into journalism and became an editor of Liberty Hall. E. S. Haines was the brother-in-law of Robert T. Lytle and was for some years surveyor general of the Land Office. Moses Brooks, originally an innkeeper, became eventually addicted to journalism and conducted at different times the Gasette and the Chronicle. In an item in his paper written in 1827 he tells us that there were 40 lawyers at the bar and at the last term of the Supreme Court of Ohio for the county, 160 cases were on the docket.

Daniel Van Matre was for many years prose- cuting attorney. Mr. Scarborough says of him that he was thoroughly genial, singularly quiet and unobtrusive and guileless as a child. Withal he was cultured and unusually exact and pains- taking in the fulfillment of his duties. Isaiah Wing was long known as "Squire" Wing from the fact that he was a justice of peace for Cin- cinnati township. James W. Gazlay came from New York about 1819 and took an active part in politics. He defeated Harrison for Congress in 1824 but made himself unpopular in that body by his vote against the Lafayette gift. He was a very active practitioner at the bar for many years. (Carter's "Old Court House," pp. 26-31.)

Hawes was originally a peddler but afterwards became a partner of Thomas J. Strait, who had been a school teacher. They were very success- fil in the practice of the law. Both were inter- ested in politics and the former was elected to the Legislature in 1832, defeating General Har- rison. Frederick W. Thomas came in 1830. He diel not give much attention to the practice but devoted himself to literature. He served for a time as Methodist minister. Thomas Longworth was a nephew of Nicholas. Thomas Morehead was a brother . of Drs. John and Robert More- head. Enos Woodruff was the associate judge. Henry E. Spencer was a son of Oliver M. Spen- cer, president of the Firemen's Insurance Com- pany and mayor of the city for a munber of

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years. Harvey Hall was the editor of the Di- rectory of 1825. He was a rather eccentric old bachelor. Major Conover was the editor of the Whig. William R. Morris was successful as a lawyer and became a wealthy man. Judge Car- ter tells us that he was distinguished for his blue coat and brass buttons and ruffled shirt and large brilliant breastpin. Mr. Scarborough speaks of him as a man of energy and push, of high spirit and great manly beauty. He it was that drew up the first paper connected with the organiza- tion of the Law Library in 1846.

Vachel Worthington was one of the great lawyers of Cincinnati. He was born in Ken- tucky in 1802. He graduated from Transylvania University in 1822. He was admitted to the bar of Cincinnati in 1825 and after a few years' practice became associated with Nicholas Long- worth and his nephew Thomas, of the firm name of Longworths & Worthington. After the re- tirement of Longworth, he took charge of the : business of the firm and, after Mr. Longworth's death, of his estate, which he managed until 1866. He was for a number of years counsel of the Ohio Life Insurance & Trust Company and other leading banks and corporations of the city and throughout his long period of practice at the

. bar he stood among the leading members of his profession, particularly as a counsellor. He was elected to the State Senate in 1873, where he ren- dered valuable service. He was the author of what is known as the Worthington bill, which requires cash payment in all city dealings. He was very vigorous in his opposition to the South- ern Railway scheme.

A distinguished lawyer who came a little later was John C. Wright, who had been a judge of the Supreme Court and member of Congress. He came in 1834 and associated with him as partner Timothy Walker. He was much inter- ested in politics and was called by his adver- saries one of General Harrison's conscience keepers. This arose from the fact that he and Judge Burnet took charge of the General's cor- respondence. He subsequently, at the death of Charles Hammond, purchased an interest in the Gasette and became its editor. He was also editor of "Wright's Reports of Supreme Court Decisions." His son, Crafts J. Wright, came to Cincinnati with Judge Goodenow in 1832. Goode- now was soon elected to the bench and Wright became connected with the Gazette. Another of this family was Benjamin Tappan Wright, who was a successful young lawyer but died in his youth. Benjamin Fessenden was distinguished

for his humor as well as his eloquence. He, too, is the hero of a number of Judge Carter's stories. (Carter's "Old Court House," pp. 97-108.)

Timothy Walker was another of Ohio's dis- tinguished lawyers. He graduated at Harvard in 1826 and afterwards studied at the law school of that university. He moved to Cincinnati in 1831. With John C. Wright he established the Cincinnati Law School in 1833 and two years later, when it was united with the Cincinnati College, he took entire charge of the law depart- ment and was professor there until 1844. He was president judge in 1841, founded the West- ern Law Journal in 1843 and edited it for a number of years. He was given the degree of LL. D. by Harvard in 1854 and was the Phi Beta Kappa orator at that institution in 1850. His "Introduction to American Law" was for many years the most generally used text-book in this country, being regarded as indispensable as the "Commentaries" of Kent and Blackstone. He also wrote a number of other works on historical and legal subjects. He died in Cincinnati in 1856.

Henry Starr came to Cincinnati from the East. He was a lawyer of much ability. He was opposed to Timothy Walker in one of the most celebrated cases of that day, that in which the effort was made to break the will of Elmore Williams, one of the richest men of Cincinnati. Starr was for the will and was able to sustain it. Edward King, the son of the distinguished Federalist, Rufus King, who was the last candi- date of the Federalist party for the presidency, practiced in Cincinnati the last years of his life from 1831 to 1836. He helped found the Cin- cinnati Law School, in which his son Rufus King was for so many years a professor and which the latter so generously endowed. Edward King married Sarah Worthington, the daughter of Governor Thomas Worthington, afterwards Mrs. Sarah Peter, one of the most distinguished wo- men who ever lived in Cincinnati. James H. Perkins was a lawyer for a few years in the carly "thirties." llis fame, however, was prin- cipally that of a journalist, historian and min- ister. Robert T. Lytle, the son of Gen. William Lytle, has been referred to repeatedly in this book. Although he showed great legal ability, his principal activity was in the field of politics. He was Congressman twice and took an active part in the politics of the nation, being quite a favorite of President Jackson. As an orator he gained a national reputation. Gen. Samuel Find- lay was also among the most prominent lawyers

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of his time, but perhaps the feature'of his life that will be longest remembered is the General Ross episode.

This amusing episode, fixed by Judge Carter in the year 1829, is the visit of one Gen. John Ross, the principal chief of the Cherokees. Gen- eral Lytle, one of the best known citizens, was coming down the river in a steamboat when a passenger introduced himself as General Ross, at that time a man of considerable national prom- inence. Ross had been educated .at a school in Connecticut and produced a number of letters of introduction, one of which was to Lytle him- self. Upon his arrival in the city he was intro- duced by Lytle and the social lights of the town entertained him very generally. Judges of the court waited upon him, distinguished members of the bar took him in charge and he attended the most aristocratic churches. A distinguished literary personage gave him a box party at the theatre and the young men of the city were par- ticularly attentive to him. As he was a tall fine looking fellow about 23 years old, with straight black hair and coppery face, he became quite a social favorite and many parties were given in his honor. Particularly prominent in courtesies to him was Samuel Findlay, one of the young beaux of the time. It is said that Findlay be- came quite intimate with him and on several occasions had shared his room and bed in the Cincinnati Hotel on Broadway and Front street. Finally a party was given in his honor at Judge Este's residence on Ninth near Main street, but for some peculiar reason the 'guest of honor did not show up. Finally the host called his waiter boy and directed him to go to the hotel and see what delayed the "General." The darky, who was wiser than liis master, revealed the secret that the so-called General Ross was a negro imper- sonating the Indian chief and that at that tinic, tired of his white friends, he was at a negro dance on Columbia street. Here he was found with his slippers off, dancing and playing the castanets to the edification of his colored friends. If was subsequently discovered that he was a , runaway slave belonging in Arkansas.

Naturally the story became town property and the unfortunate Findlay and others who had been so generous in their attentions came in for the ridicule of the community. Findlay was made the occasion of many jokes and Peyton Symmes naturally exercised his punning art upon him. To Symmies is given credit for the story that Findlay was like the letter "C." because whenever prefixed to Ross he became cross. (Cist's Mis-

cellany, Vol. I, p. 13; Mansfield's Memories, p. 197; Carter's "Old Court House," p. 86.)

An interesting member of the bar in the early days, who also cut a very important figure in the social life of the town, was Peyton Short Symmes, a grandnephew of Judge Symmes. He lived for many years in the stone house built by his father, Daniel Symmes, at the corner of Law- rence and Congress streets. He was for many years register of the Land Office and also was from time to time member of the Council, of the Board of Education and the Board of Health. He was also a trustee of the old college and took part in the transactions of the Western Col- lege of Teachers. He was a man of distinct lit- erary quality and particularly careful with re- gard to the accurate printing of his productions. Hle contributed considerable poetry to the vari- ous periodicals of the day. He was also a great punster. A special forin of amusement was the sketching of portraits, which were very likely to be caricatures. He could be seen in every gatli- ering, at the corner of every street, in news- paper offices, in the theatre and at parties with a white card in his hand, on which he would take the portrait of some stranger. This pe- culiarity made him a striking personage in every assemblage. He is supposed to have had in preparation a biography of Judge Symmes, but as in other undertakings of his life he began much and completed but little. He lived until July 7, 1861, at which time he died on Mount Auburn at the residence of his son-in-law, Charles L. Colburn.

THE DOCTORS.

The names of the physicians who practiced in the city during this period are given to some extent in the chapter on this subject by Dr. Car- son. In the various accounts of the medical in- stitutions are given many names of prominent physicians. In fact a complete list of the teach- ing staff of the different medical institutions of the city is pretty likely to include all the repu- table physicians of the time, for doctors much more than lawyers seem to feel the next step after receiving their education is to start others in the same professional path.

The physicians of Cincinnati in 1819 were given in the directory as follows: Jolin Selman, Daniel Drake, John Crammer, Coleman Rogers, Daniel Dyer, William Barnes, Oliver B. Baldwin, Thomas Morchead, Daniel Slayback, John A. Ilallam, Josiah Whitman, Samuel Ramsay, Isaac Hough, Edward Y. Kemper, John Dong-

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lass, Ithiel Smead, John Woolley, Truman Bishop, Ebenezer H. Pierson, Jonathan Easton, Charles V. Barbour and Vincent C. Marshall.

Six years later a dozen of these names disap- pear from the pages of the directory. The most prominent of these is of course Dr. Daniel Drake, wlio was at Lexington on one of his many ab- sences from the city. The others were Drs. Rogers, Dyer, Baldwin, Thomas Morehead, Daniel Slayback, Hallam, Kemper, Douglass, Smead, Easton and Barbour. The new names are Jedediah Cobb, Addison Dashiell, George W. Dashiell, John Morehead, Samuel Nixon, Jesse Smith, Guy W. Wright and George T. Ratrie. All of these had the degree of doctor of medicine and Ratrie was a dentist as well. The licentiates added to the list of physicians were John E. Bush, Oliver Fairchild, Lorenzo Lawrence and Abel Slayback. Others in the list but without degrees were James M. Ludlum, Edward H. Stall, Michael Wolf and Daniel P. Robbins.

According to the docket entry of the Court of Common Pleas of February 20, 1827, reciting the physicians and surgeons who had paid the tax at that time required by law, the following 26 were licensed at that time to practice: Samuel Ramsay, E. H. Pierson, Jesse Smith, V. C. Mar- shall, Guy M. Wright, John Woolley, Lorenzo Lawrence, J. W.' Hagerman, Jedediah Cobb, Josiah Whitman, Beverly Smith, Isaac Hough, C. W. Barbour, John Cranmer, John Morehead, John Selman, James W. Mason, Abel Slayback, F. C. Oberdorf, J. M. Ludhim, E. Y. Kemper, C. Munroe, Edward HI. Stall, J. E. Smith, Dan- iel Drake and William Barnes.

In the Directory of 1831 there appear 47 names of physicians, members of the Medical Society, as membership in this society was ob- ligatory upon those who desired to practice; it is safe to assume that this is a representative list, yet strangely enough there are only about a dozen of the names given in the above entry which appear in 1831. These dozen include Hough, Barnes, Woolley, Whitman, Mason, Jolın Morehead, Ludlum, Smith, Marshall, Cobb, Slayback and Daniel Drake. Of the 47 contained in this Directory of 1831, 21 reappear in the Directory of 1836. They are William Barnes, Hugh Bonner, Jedediah Cobb, Daniel Drake, R. P. Hayes, James Killough, Lorenzo Lawrence, B. S. Lawson, James M. Ludlum, John and Robert Morehead, V. C. Marshall, James M. Ma- son, Joseph N. McDowell, M. Rogers, Wolcott Richards, William S. Ridgely, L. C. Rives, John T. Shotwell, Josiah Whitman and Charles N.

Woodward. Other names in the Directory of 1836, many of which are names of physicians who subsequently became prominent, are as fol- lows: Stephen Bonner, Isaac Colby, E. W. Crit- tenden, J. S. Dodge, John Eberle, Richard Eb- erle, M. Flagg, P. G. Fore, S. D. Gross, Charles Higbee, Otho M. Herron, William Judkins, James Lakey, Thomas Mitchell, Ezra Read. Charles Reed, Alban G. Smith, John Stone, R. P. Simmons, Henry Schultz, William M. San- derson, William Threlkeld, F. Augustus Waldo and William Wood.

Of course Dr. Drake continued to be not only one of the leading figures of Cincinnati life but also of his profession during this period. His services in connection with the educational in- stitntions of the city and the hospital have been mentioned elsewhere. After his expulsion from the faculty of the Medical College of Ohio lie accepted an invitation to a chair in the Transyl- vania University, where he remained about four years, returning in 1827 to Cincinnati. During the year following his return he founded the Cincinnati Eye Infirmary and then began his editorship of the Western Medical and Physical Journal, of which he was in charge for many years. Ile also published a work in relation .to the cholera and took an active part in the various canal and railway schemes of the time. The subject of medical practitioners is discussed in a separate chapter of this work.

The faculty of the Medical College of Ohio after its reorganization in 1825 included a num- ber of well known physicians. Jedediah Cobb appears in 1825 as professor of the institutes and practice of medicine. In 1829 he held the chair of anatomy and physiology while in 1836 he appears as professor of surgery. Elijah Slack, the president of the college, was professor of chemistry and pharmacy for a number of years. This chair appears to have passed to Dr. Thomas D). Mitchell by 1834 and in 1836 it was held by Dr. John Locke. Dr. John Morehead was identi- fied with the institution for many years. He ap- pears first in 1825 as professor of materia med- ica and medical obstetrics, in 1829 of the theory and practice of medicine and again as professor of obstetrics in 1834 and later. Dr. Jesse Smith in 1825 was professor of anatomy and surgery. llis last appearance in the faculty is in the Di- rectory of 1831. In 1829 Dr. Josiah Whitman was, professor of obstetrics and Charles E. Pear- son of materia medica. Whitman appears again as holding the same chair in 1831. Pearson is also given as holding the chair of materia medica

CINCINNATI COLLEGE AND CORNER FOURTH AND WALNUT IN THE "THIRTIES."

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in 1831 and 1834, being succeeded in 1836 by Dr. James C. Cross. Dr. Alban G. Smith is given in 1834 as professor of surgery. Dr. John Eberle in this year appears as professor of the theory and practice of medicine, which chair he held also in 1836. Dr. Samuel D. Gross was demonstrator of anatomy in 1834. In 1836 Dr. John T. Shotwell appears as adjunct professor of anatomy.

The faculty of the Medical College of Ohio in 1839 consisted of John T. Shotwell, dean and professor of anatomy and physiology; John Locke, professor of chemistry and pharmacy ; Reuben D. Mussey, professor of surgery ; M. B. Wright, professor of materia medica and thera- 'peutics; John Morehead, professor of obstetrics and diseases of women and children, and Jared P. Kirtland, professor of the theory and practice of medicine. . The number of students at that time was given as 120. The college had moved into its own quarters on the south side of Sixth street between Vine and Race in the fall of 1826. The ground is said to have been pur- chased at the cost of $15 a front foot. The building built at this time was occupied until 1851, when the new building, the one so fa- miliar to Cincinnatians, was erected. This re- mained the quarters of the Medical College of Ohio until its removal in 1896 to the buildings formerly occupied by the University.

The proposed faculty of the medical depart- ment of the Miami University, organized as stated above in 1830, consisted of Daniel Drake as dean and professor of the institutes and prac- tice of medicine; George McClellan, professor of anatomy and physiology; John Eberle, pro- fessor of materia medica and botany ; James M. Staughton, professor of surgery ; John F. Henry, professor of obstetrics and diseases of women and children; Thomas D. Mitchell, professor of chemistry and pharmacy; and Joseph M. Mc- Dowell, adjunct professor of anatomy and physi- ology. The lectures of the department were de- .livered in the hall of the Mechanics' Institute on Walnut street.

The Academy of Medicine, organized in the summer of 1831 to furnish a summer school, was composed of the following gentlemen who lectured on the subjects affixed to their names : James M. Staughton, institutes of surgery ; Isaac Hough, operative surgery; Joseph M. Mc- Dowell, anatomy ; Wolcott Richards, physiology ; Landon C. Rives, institutes of medicine and med- ical jurisprudence; Daniel Drake, practice of physic and materia medica; John F. Henry, ob-

stetrics ; and Thomas D. Mitchell, chemistry and pharmacy. (Directory of 1831, p. 193.)

The medical faculty of the Cincinnati College included Daniel Drake, dean and professor of the theory and practice of medicine; John P. Harrison, materia medica; James B. Rogers, chemistry and pharmacy; Landon C. Rives, ob- stetrics; Horatio G. Jameson, surgery; Samuel D. Gross, general and pathological anatomy, physiology and medical jurisprudence; Joseph M. McDowell, special and surgical anatomy ; John L. Liddell, chemistry and botany ; and J. S. Dodge, dissector. The statement is made in the Directory of 1836 that at the end of the first ses- sion just completed the degree of Doctor of Medicine had been conferred on 18 alumni of the institution and that there had been in attend- ance 66 students who arrived from 13 States.

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Centennial history of Cincinnati and representative citizens, Vol. I, Pt. 2, Part 20

Author: Greve, Charles Theodore, b. 1863. cn Publication date: 1904 Publisher: Chicago : Biographical Pub. Co. Number of Pages: 1048

Author: Greve, Charles Theodore, b. 1863. cn
Publication date: 1904
Publisher: Chicago : Biographical Pub. Co.
Number of Pages: 1048