USA > Ohio > Jefferson County > Steubenville > Century History of Steubenville and Jefferson County, Ohio and Representative Citizens, 20th > Part 19
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Old Hickory himself. He was elected by the Legislature as supreme court repor- ter from 1842 to 1845, publishing volumes 11, 12 and 13 of the Ohio Reports. His first home on returning to Steubenville was on the west side of Third Street, above Washington, and subsequently on the cor- ner of Third and Logan, now owned by Dr.
course of the administration was encourag- ing the foes and paralyzing the friends of the Government. Mr. Stanton, by his firm loyalty and strong stand for the preserva- tion of the Union, changed all this, and pre- vented a practical collapse of the Govern- ment before the Lincoln Administration could take hold. He retired from the Cabi-
E. Pearce. Here his wife, Mary Lamson,. net with the close of Buchanan's Adminis- died in 1844, an affliction from which he tration, and resumed the practice of his profession, but in January, 1862, was ap. pointed secretary of war by Mr. Lincoln. His subsequent biography is a history of the war itself. He enjoyed the complete confidence and closest friendship of Mr. Lincoln, and on him devolved the task of bringing order out of chaos, looking after men and supplies for the great conflict, con- tending not only with the open enemy but traitors in the rear, incompetent and luke- warm generals in the field, and a mass of detail which would have broken down an ordinary man in a month. He had never been a robust man, but had been afflicted with asthma from his youth, and nothing but his indomitable will enabled him to carry the enormous load. Above all, his legal sagacity kept the administration out of more than one pitfall during and at the close of the war. When Lincoln was assas- sinated in 1865, he practically took charge of the Government, and at the request of the new president, Andrew Johnson, con- tinued in his position as secretary of war. Differences afterwards arose between him and the President on reconstruction meas- ures. admission of Colorado as a state, col- ored suffrage in the District of Columbia, the civil rights and freedman's burean bills; all of which were considered Repub- lican measures having the approval of that party controlling both houses of congress. These differences became so marked that on August 5, 1867, Mr. Johnson requested his resignation on the ground of "public considerations of high character," to which Mr. Stanton responded that "public con- siderations of high character which alone had indneed him to remain at the head of this department constrained him not to re- never fully recovered. By this time he was gaining a national reputation, and in 1845 successfully defended Caleb MeNulty, clerk of the house of representatives, tried in the criminal court in Washington for embezzle- ment. In 1847 he removed to Pittsburgh, where he formed a partnership with Hon. Charles Shaler, but he always retained his Steubenville home, and kept an office here until 1856, his second partner being Col. George W. MeCook. He figured as princi- pal attorney in the case of the State of Pennsylvania versus the Wheeling & Bel- mont Bridge Company, and was victorious, although an act of congress afterwards nullified his work. His business before the United States Supreme Court became so extensive that he removed to Washington in 1856, and in 1858 went to California as counsel for the Government in relation to extensive land claims. His work there was tremendous, and by his labors and re- searches he saved to the country millions of dollars from the grasp of unscrupulous land grabbers, including the site of the present city of San Francisco. In 1859 he was counsel for Daniel E. Sickles, on trial for the murder of Philip Barton Key, and the former's acquittal was no doubt due to the labors and masterly eloquence of his connsel. That same year he met Mr. Lin- colm for the first time, in the United States Circuit Court at Cincinnati, in a suit grow- ing ont of a conflict between the Manney and McCormick reaping machine interests, and in December, 1860, while engaged in the same case, he was nominated to the office of attorney-general by James Bu- chanan, President. Rebellion troubles were already in the air, and the vacilating
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sign before the next meeting of Congress," that body not being then in session. Mr. Stanton did not remain in office of his own accord, but had been urged to do so by members of Congress and others who be- lieved him to be the only check upon what they considered the ruinous policy of Mr. Johnson. Congress had passed what was known as the "Tenure of Office Act" for the avowed purpose of preventing Mr. Stanton's removal, although he himself did not favor that aet and had doubts as to its constitutionality. In the end it proved a broken reed. The president, however, was not ready at this time to defy the apparent object of the act by removing Mr. Stanton outright, but on August 12th suspended him from office and appointed General Graut secretary of war ad interim. He obeyed under protest, and on January 13th, the Senate refusing to confirm a successor, General Grant at once retired and Mr. Stanton took possession of the office. Mr. Johnson appointed Gen. Lorenzo Thomas, secretary ad interim, Int Stanton held the office, guarding it night and day, although Thomas attended cabinet meetings as a dummy secretary. Impeachment proceed- ings were brought against the president, the principal charge being violation of the Tenure of Office Act, but the vote lacked one, of the two-thirds necessary to convic- tion, it standing 35 to 19. On learning the result, on May 26th. Mr. Stanton resigned, broken down in health and bankrupt in for- tune. He had controlled millions, but paid out of his own pocket even necessary per- sonal expenses that should have been borne by the Government. The senate, in con- firming his successor, adopted a resolution that Mr. Stanton had not been legally re- moved, but had relinquished his office, and both houses of congress subsequently passed a vote of thanks for the great ability, purity and fidelity with which he had discharged his duties. Mr. Stanton renewed the practice of his profession, but he was so broken in health as to make this work very difficult. His last visit to Stenb- enville was on September 25, 1868, when
he addressed a large assemblage advocat- ing General Grant's election to the presi- deney. At that time he spoke to friends of his approaching end, and expressed a wish to be buried in the old family lot in Steub- enville Cemetery, a wish that was never carried out. On December 20, 1869, he was nominated by General Grant as associate justice of the supreme court, and was im- mediately confirmed by the senate, but he never took his seat on the bench. He died on December 24th, before his commission was made ont, the paper being delivered after his death to his widow, formerly Miss Ellen Hutchins, of Pittsburgh, whom he married in 1856. Mr. Stanton's life his- tory shows him to have been, not the cold, ernel, overexacting man as he has often been represented, but exceptionally warm- hearted, intensely emotional, and strongly sympathetic for the suffering, the destitute and the wronged. Duty, however, with him prevailed above everything, and noth- ing, not even his own interests and feel- ings, was ever allowed to stand in its way. it is not too much to say that to him our nation is most largely indebted for its con- timons existence. A plain monument marks his grave in Oak Hill Cemetery at Washington, and his fellow citizens at Steubenville are preparing to erect to his memory a bronze statne, to be placed in front of the court house. The work is now in the hands of Alexander Doyle, the emi- nent New York sculptor, also a native of Steubenville, who has generously contrib- uted his services for this work.
Hon. G. W. Belden, of Stark County, suc- ceeded Hallock as presiding judge of this district, beginning with the March term, 1837, and ending in 1839, when the legis- lature threw Stark into another district. Ile died about 1879. Nathaniel Dike and Samuel MeNary were commissioned as associates during his ferm.
Hon. William Kemnon, of Belmont Coun- ty, succeeded Judge Belden, who held the office until November, 1846. Associates commissioned nnder him were William Sutherland, William MeDonald, John S.
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MARKET STREET, STEUBENVILLE (From Drawing by Henry Howe in 1846)
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MARKET STREET, STEUBENVILLE, IN 1865
OLD COURT HOUSE, STEUBENVILLE.
GROVE ACADEMY AND FORMER STEUBENVILLE HIGH SCHOOL
OLD MARKET HOUSE AND COUNCIL CHAMBER, STEUBENVILLE
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Cock, James Mitchell, John T. Leslie and John Cook.
Benjamin S. Cowan, also of Belmont, succeeded Judge Kennon, and served until the second Monday of February, 1852, when the old regime was abolished by the new constitution, which had been adopted the preceding year. Samuel D. Hunter was commissioned on March 11, 1850, as the last of the associate judges. Other associate judges during this period were George Todd (Pres.), 1815; Thomas George, 1822; James Wilson, 1824; John Humphrey, 1831; James Wilson, 1831; John England, 1833; Nathaniel Dike, 1838.
Among the members of the bar during this period was Roderick S. Moody, con- ceded to be one of the most brilliant lights in his profession. Mr. Moody was a native of Steubenville, the son of David and Sarah (Sheldon) Moody, and was born May 22, 1817. He was educated at Jefferson Col- lege, Pennsylvania, and entered the Farm- ers' and Mechanics' Bank as clerk. He studied medicine, but preferring the law, entered the office of D. L. Collier, and was admitted to practice in September, 1841. The same year, he married Miss Virginia Eoff, of Wheeling. He was prosecuting attorney from 1846 to 1848, and was ap- pointed clerk of courts, but did not serve. He died December 11, 1866.
As the MeCook family is mentioned else- where, it is only necessary to mention here four members of that family who were members of this bar. George W .. Robert L., and Daniel, were three sons of Daniel MeCook, who achieved a national reputa- tion not only in the military, but also the legal profession. The first named was born in Canonsburg, Pa .. July 21, 1822, after- wards living with his parents in Commun- hiana and Carroll Counties. He attended college at New Athens, and studied law with Hon. Edwin M. Stanton, whose part- ner he afterwards became. His career in the Mexican War and elsewhere is given in another chapter. He built up a large law practice, and was very prominent in the councils of the Democratic party, nomi-
nating Jolın C. Breckenridge for vice-presi- dent in 1856, and Seymour for president in 1868, and was candidate for governor in 1871. He died in New York on Friday, December 28, 1877, leaving three children- George W., Jr., Robert, and Hetty B., the latter now being the wife of Gen. Anson G. MeCook, who is also noticed elsewhere. His wife died in 1863.
Robert L. McCook was born in Colum- biana County, December 28, 1827, studied law with Hon. E. R. Eckley, of Carrollton, and then removed to Steubenville where he continued his studies with Stanton & M.Cook, beginning his practice shortly after. He removed to Cincinnati, and then to Columbus, where the outbreak of the war found him with a large practice. This he sacrificed, and after a brilliant military career, was killed by guerillas near Nash- ville, August 6, 1862.
Daniel MeCook was born in Carrollton, July 22, 1834, and graduated at a Florence, Ala., college in 1858. He studied law with his brother in Steubenville, and soon after his admission, removed to Leavenworth, Kan., where he became a member of the well known firm of Ewing, Sherman & Mc- Cook. Here, in December, 1860, he mar- ried. Miss Julia Tibbs, of Platte County, Missouri. He and a company of militia volunteered at the outbreak of the war, and he was continuously in service, especially as colonel of the Fighting Fifty-Second, O. V. I., until his mortal wounds at Kene- saw. Before he died he was promoted to a brigadier generalship.
General Amen G. MeCook, a son of Dr. John McCook, was a member of the Jeffer- son County Bar, although most of his rep- utation was won in the military and polit- ical fields. He was born October 10, 1835, and received his education in Jefferson County schools. Crossing the plains in 1854, he remained in California until 1860. when he returned to Ohio and was captain of the first military company leaving Steu- benville, being in the first battle of Bull Run. He was commissioned as major in the three years' service and promoted to
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lieutenant colonel and colonel. He par- ticipated in the leading battles in the West, and was mustered out with his regiment (Second Ohio Volunteer Infantry) on Or- tober 10, 1864. The following March he was appointed colonel of the 194th Ohio Infantry and served until the close of the war, when he was made brevet brigadier general. Ile afterwards was internal rov- enue assessor for the 17th Ohio district, and then removed to New York City, where he conducted a daily legal journal. He was elected a member of congress from that city and subsequently became secre- tary of the United States senate, also chamberlain of the city of New York. His wife is Hetty MeCook, sister of George W. McCook, of Steubenville.
Joseph M. Mason, who at one time was a partner of Mr. Moody, was a native of Trumbull County. He studied law with Roswell Marsh, and went to Monroe County, from which he returned in 1848, and held the office of clerk of court. He removed from here to Columbus, where he died.
Col. W. R. Lloyd was born at Chillicothe, Ohio, on December 3, 1818. He read law with Judge Pearce, of Carrollton, and after a term as clerk of court, removed to Steubenville, where he married Miss Jen- nie, danghter of Gen. Samuel Stokely. For a while he was a partner of Hon. John A. Bingham, of Cadiz, and on May 4, 1858, he was appointed probate judge to fill the un- expired term of John K. Sutherland, de- ceased, and the following year was elected for the full term, but before it expired he recruited the Sixth Ohio Cavalry from Warren County, and was appointed lieu- tenant-colonel. Hle resumed his law prae- tice on his return home, and died on Fri- day, November 9, 1877. His widow and three sons still survive.
Joseph Means, whose father. James Means, was long a prominent citizen of Stenbenville, was born August 21. 1822, and studied law in the office of James Col- lier, becoming the latter's partner after his admission to the bar in 1844. He was
prominently identified with public affairs, and was a member of the city council al- most continuonsly from 1855 to 1866, and again in 1871, being at the same time en- gaged in the iron foundry business, as well as being director in other local corpora- tions. He represented this district in the legislature in 1861-2. His sudden death from congestion of the brain, on July 2. 1872, was felt as a personal loss all over the city. His widow, Mrs. Mary Kelly Menns diel Saturday evening. November 13, 1909, leaving two daughters, Mrs. Dr. F. S. Maxwell, of Steubenville, and Mrs. Macfie, of London. Canada.
William Sample, of Island Creek Town- ship, became a member of the har in 1844. and afterwards removed to Coshocton Connty, where he was elected common pleas judge. He resigned in 1876 and re- moved to Newark, where he shortly after- wards died.
Col. George P. Webster was born near Middletown, Butler County, Ohio, Decem- ber 24, 1824. He went to Hamilton in 1841, and had a position in the county clerk's office, and studied law with Thomas Milli- ken. He was ndmitted in 1846 and enlisted as a private in the Mexican war, but was promoted to sergeant-major in the First Ohio Infantry, and was wounded in the right shoulder at the storming of Monterey, September, 1846. After the war he mar- ried Miss Mary M. Adams, of Warrenton. and removed to Steubenville, where he served two terms as clerk of court. after which he became a partner of Martin An- drews. At the outbreak of the Civil War he took an active part in raising troops and was appointed major of the Twenty-fifth Ohio Infantry. After service in West Vir- ginia in 1862 he was promoted to lienten- ant colonel, and in the following July he was appointed colonel of the Ninety-eighth Ohio Volunteer Infantry, which regiment was organized at Camp Steubenville ou Mingo Bottom, three miles below the city. Ile departed with his regiment on August 23 for Lexington, Ky,, and thence to Lonis- ville. Here he was placed in command of
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the Thirty-fourth Brigade, Jackson's Divi- sion, McCook's Corps. He was mortally wounded at the battle of Perryville on October 8. His funeral cortege was one of the largest ever seen in this city. His widow died April, 1910, and his son John MeA. Webster is a retired officer of the reg- ular army.
Thomas MeCauslen, Hon. R. Sherrard Jr. and Hon. J. H. S. Trainer, leading members of the bar during this period, are fully noticed elsewhere.
Under the Constitution of 1802 the judges were appointed for seven years. Under the Constitution of 1851 they were elected for five years by the people, and associates were abolished. Thomas L. Jewett was the first common pleas judge under the new Constitution, having been elected from the counties of Jefferson, Har- rison and Tuscarawas, being the third sub- division of the eighth judicial district. His commission was issued in January, and he opened his first term of court at Steuben- ville on March 16, 1852. He was a native of Hartford County, Maryland, being of Quaker parentage. He settled in Cadiz in 1844, practicing law. and removed to Sten- benville in 1850. He was elected judge in October of the following year on the Demo- eratie ticket over John A. Bingham, the Republican candidate. Ou Angust 29, 1854, he was elected director of the Stenben- ville & Indiana Railroad and resigned from the bench. On June 8, 1855, he was elected president of the road, and on September 3. 1859, the company having become embar- rassed his position was changed to receiver. This office he held ntil the completion of the Pittsburgh & Steubenville Railroad across the West Virginia Pan Handle, and upon the consolidation of the different lines in 1868 under the name of Pittsburgh, Cin- cinnati & St. Louis Railway Company, he was elected president of the new organiza- tion. He held this office until May 7, 1871, his brother, Hugh J. Jewett, being with him part of the time as manager. The latter being called to the presidency of the Erie road, Judge Jewett resigned his position
and soon after removed to Philadelphia where he engaged in stock speenlation until his death which ocenrred at New York on Wednesday evening, November 3, 1875.
Hon. Thomas Means, who succeeded Mr. Jewett as connnon pleas judge, was a son of James Means, Sr. He was born on March 31, 1826, studied law with Daniel Collier, and was admitted in 1847. The fol- lowing year he married Miss Annie Stew- art, of Lonisville, Ky., and after living in St. Louis for about eighteen monthis Mr. Means came back to Steubenville and formed a partnership with Mr. Jewett. In 1852-3 he served as a member in the Ohio House of Representatives, and on the resig- nation of Judge Jewett he was appointed by the governor to fill the unexpired term, holding the office from October, 1854, through 1855. After that he resmned his law practice and removed to Leavenworth, Kan., where he remained until the outbreak of the war, when he was appointed by the goverment on a commission to adjust war claims in the neighborhood of Cairo. Shortly after completing that work he died at his home in Steubenville on December 27. 1863. His widow died October, 1909. A daughter and son are still living, the son being rector of St. John's Church, New Haven, Com.
James Elliott. Jannary, 1852, and A. H. Battin, Muy 11, 1853, were admitted to the bar during this period, both of whom are deceased.
Samnel W. Bostwick, of Harrison Coun- ty, sneceeded Judge Means, and served until February, 1862, when he was suc- ceeded by George W. Mellvaine, of Tusea- rawas County, who held until the fall of 1870 when he resigned to go on the supreme bench. John H. Miller, of Steubenville, was appointed to fill the unexpired term, and afterwards elected for the full term ending February, 1877. Judge Miller was born in Northampton County, Pennsyl- vania. January 30, 1813, and came to Sten- benville in 1837 remaining here but a short time, but returning in 1839. He was ad- mitted to the bar in 1840, and built up a
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large practice. He was married to Ann C., J. C. Keys, September 29, 1870, deceased ; a sister of Gen. Samuel Stokely, who died September 5, 1882. On retiring from the bench he resumed his law practice which he continued until his death on August 31, 1891. James Patrick, of Tuscarawas Coun- ty, was the next judge, and served one term. Joseph C. Hance, also of Tusca- rawas, succeeded him, and served two terms. In the meantime provision having been made for an additional judge in this subdistrict, John S. Pearce, of Cadiz, was elected and took his seat in February, 1882.
Hon. John A. Mansfield succeeded Pearce in 1892 and served two terms. He was suc- ceeded in 1902 by Hon. Rees G. Richards, who is now serving his second term, which has been increased to six years. A full sketch of both these gentlemen will be found elsewhere. Fletcher Douthitt, of Tuscarawas, succeeded Judge Hance and served two terms, and was in turn sne- ceeded by Hon. Walter Shotwell, of Cadiz, now serving his second term. In 1908 the legislature provided an additional judge for this subdivision, and in November of that year Thompson D. Healla, of Tusea- rawas, was elected, and held his first court in Steubenville in May, 1909.
There were many attorneys admitted during this period, some of whom have risen to eminence in legal, political and lit- erary circles, who are more fully noticed in another portion of this work. Among them were A. H. Battin, admitted May 11, 1853, deceased; W. A. Walden, April 27, 1858, deceased; M. S. Stokely, 1860, de- ceased; Hon. J. Dunbar, January, 1860; W. A. Owesney, September 18, 1862, de- erased; O. P. Mossgrove, Angust 18, 1854. deceased ; James F. Daton, 1863, deceased ; Thomas P. Spencer, 1866; Robert Martin, April 18. 1862, deceased; James A. Me- Curdy, September 18, 1862. deceased ; David Moody, September 26, 1867, de- ceased; William H. Lowe, October 2, 1868, deceased; W. P. Hays, 1863: John Me- Clave, September 16, 1868; John M. Cook, January, 1869: Joseph B. Doyle, Septem- her 29, 1870; JJ. J. Gill, September 29. 1868:
W. T. Campbell, September 29, 1870, de- ceased; J. M. Hunter, July 21, 1872, de- ceased: B. N. Linduff, October 1, 1873; John J. Watson, September, 1873; W. C. Ong, April 28, 1874; E. S. Andrews, April 25, 1876; H. M. Priest. same, deceased; C. B. Gilmore, April 25, 1876; John A. Kitheart, October 1, 1873; W. V. B. Cros- key, 1870, deceased; G. W. MeCleary, June 25, 1873; Hon. R. G. Richards, March, 1877; John C. Kirkpatrick, September 25, 1877; J. W. Jordan. September 28, 1872: O. J. Beard, April 3, 1877;, A. C. Lewis, October 2, 1877; David R. Mills, August 4, 1877; Henry Gregg. April, 1878; George G. Bright, J. H. Everson. Calvin May, John W. Jackman, W. J. MeCan, August 27, 1878: J. A. Bnrchfield, April 16, 1879; Charles A. Reynolds, June 17, 1879; John A. Mansfield, J. W. Clark and Emmett E. Erskine, April 16, 1879; W. S. McCauslen, June 17, 1879; James F. Bigger, August 27, 1879, deceased; J. H. Roberts, J. W. Paisley, April 16, 1879; W. R. Alban, March 8, 1893; C. A. Armstrong, June 19, 1906; S. A. Bean, December, 1902; J. G. Belknap, June 23, 1908; H. A. Bell, J. C. Bigger. March 2, 1892; Ira Blackburn, December 7, 1901; D. M. Brown, April 1, 1894; W. C. Brown, June 12, 1902; Roy R. Carpenter, December, 1907; R. B. Cohen, December 22, 1903; F. M. Coleman, Decem- ber, 1904 : M. N. Duval, June, 1904; Dewitt Erskine, June 6. 1895; Ernest L. Finley, March 8, 1894; P. A. Gavin, June 5. 1895; David M. Gruber, October 3, 1882; John A. Huston, June 17, 1902; Thomas S. Jones. June 27, 1905; Frank H. Kerr, October 8, 1891; Miss Beatrice Kelly, March 8, 1894; Plummer P. Lewis, June 3, 1884; Justin A. Moore, October 18, 1896; Harry L. May, June 21. 1905; William MeD. Miller, June 7, 1882; Nelson D. Miller, June 17, 1902; W. L. Medill, October 3, 1889; Roy Merry- man. June 19, 1906; Joseph Kitheart, March 17, 1899. deceased; William S. Me- Canslen, June 17, 1879; Roy MeClave, June 27, 1899; John H. M. McKee. December 8, 1894: J. R. MeCleary, October 3, 1882;
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H. P. McGowan, June 13, 1901; W. J. Me- Stilwell on the bench. William B. Cald- Cann, F. J. McCoy, June 19, 1901; R. L. well presided August 10, 1854; William Kennon, August 10, 1855; Ozias Bowen, August 11, 1856; Thomas W. Bartley, July 28, 1857; Josiah Scott, June 2, 1859; Mil- ton Sutcliff, May 8, 1860; Jacob Brinker- hoff, August 27, 1861; William V. Peck, September 17, 1862; John Welch, Septem- ber 20, 1866; William White, September 24, 1867. From that date until 1883 district court appears to have been held by the common pleas judges alone. Mclaughlin, December 24, 1904; J. O. Naylor, October 15, 1898; John W. Porter, June, 1903; R. G. Porter, December 22, 1908; James E. Paisley, Jay S. Paisley, March 17, 1899; E. Stanton Pearce, October 14, 1899; Dio Rogers, Jay R. Sweeney, June, 1894; Horace G. Smith, 1881; Carl H. Smith, June, 1893; Fred A. Stone, December 24, 1904; S. B. Taylor, October 4, 1894; T. A. L. Thompson. June, 1896, de- ceased; C. A. Vail, June 11, 1902; C. L. Williams, June, 1901 ; John M. Bigger, Oc- tober 8, 1891.
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