Century history of Delaware County, Ohio and representative citizens 20th, Part 112

Author: Lytle, James Robert, 1841- [from old catalog] ed
Publication date: 1908
Publisher: Chicago, Biographical publishing company
Number of Pages: 926

USA > Ohio > Delaware County > Century history of Delaware County, Ohio and representative citizens 20th > Part 112

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).

The period of his legislative service was

between the years of 1840 and 1847, and among his associates in the Legislature were Seabury Ford, of Granger, afterwards gov- ernor : William L. Perkins, of Lake: Kelly, of Geauga: Alfred Kelly, of Franklin: General Eckly. of Carrol; General Schouck and Goy- ernor Anderson, of Montgomery; Colonel Chambers and General Godard, of Muskin- gum; Judge B. F. Wade, of Washtabula ; Ilon. B. Stanton, of Logan, General Louis H. Godman, of Marion; Colonel John Cheny, of Fairfield; Judge B. S. Cowen, of Bellemont ; General Samson Mason and General Charles Anthony, of Clark-some of whom had al- ready and others subsequently acquired a na- tional reputation in the councils of the Nation. In point of ability, Mr. Powell stood in the front rank, by the common consent of all.

He gave the profession in which he was so useful and an ornament, two books which are highly prized by the bench and bar, viz. : Powell's "Analysis of American Law" and a work on "Appellate Jurisdiction." The latter is a book much needed by both bench and bar. It is a work not previously embodied in the form of a separate treatise : the author, there- fore, was in a great measure obliged to analyze the subject for himself and gather his ma- terials in a path not previously pursued. It presents an important subject, hokling an intimate relation to every thing connected with the trial of litigated cases-thus involving every interest in the law, and important prin- ciples in practice. It is a work every prac- ticing lawyer should have in his library, and every student should read.

Mr. Powell's "Analysis of American Law" is a work of one volume, containing 724 pages. and has received the highest commendation of the ablest jurists of the country, among whom the writer begs leave to mention the late Thomas Ewing, who was recognized at the time of his death as the ablest lawyer in America and perhaps in the world. The writer has been recently shown an autograph letter from Mr. Ewing to Mr. Powell in which he says. "I have given your 'Analysis of Ameri- can Law' such examination as time would per- mit, and am greatly satisfied with it. It is

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indeed a worthy contribution to our noble pro- fession. During my professional career I have felt esprit de corps strongly, and I would at any time rather have been the acknowledged head of the bar than President of the United States. Your work encourages high aspira- tions, resting on intellectual culture, and ele- vated morality. I thank you for it."

To the beginner in the study of the law. it is a most invaluable work, and cannot fail to occupy a most important place, in the course of preparation. for the practice of the law. Every student of Blackstone is constantly per- plexed with doubts as to how much of it is applicable to our institutions, and is recognized as law, by our courts. Ilence the necessity of some work that would bear the same rela- tion to the laws of this country, that Black- stone's Commentaries do, to the laws of Eng- land. has long been felt. This want has been practically supplied by the lectures of Chan- cellor Kent of New York, Judge Tucker of Virginia, and Judge Walker of Ohio. The work of Chancellor Kent is too elaborate and profound a discussion of the principles of the common law. and international law. as well as the jurisprudence of the United States to be adapted to beginners in the study of law. Of all American works, the Analysis best answers the demand.

The author, in arranging this Analysis. followed the arrangement of Mr. Justice Blackstone, who followed the Analysis of Lord Hale, in his preface to Role's Abridg- ment. But it must be admitted that it is an improvement over the Commentaries of Black- stone.

The Commentaries are divided into four books: Rights of Persons, Rights of Things. Private Wrongs and Public Wrongs. This Analysis divides the whole body of the law into these four well known divisions: Public. Private, Civil and Criminal Law, which may well be considered, to be the division of law according to its natural order. The reasons for adopting this mode and division of the subject will be apparent to the reader by ref- erence to the commencement of the First Book of this Analysis, and he will then see

how naturally the law will fall into these four- fold divisions; and it is that which is the easiest to be followed in the study.

It can be safely affirmed as a book for student, and beginner, and for our schools and colleges, it is the best that has been given to the legal profession by any American author.

The Hon. T. C. Jones, who was judge of the District and Common Pleas Courts for IO years, said he "had found it the most con- venient book for reference, for the proper statement of any elementary principle, or es- tablished rule of law, and in this respect of great utility to the intelligent citizen as well as to the law student and practitioner.

It is said the artful French diplomat Tal- leyrand used language to conceal his thoughts -such is not the language used by Mr. Powell in his books. He expresses his thoughts so clearly, they are readily understood by the in- telligent student; nor is his composition freighted, like some okdl authors, with Nor- man, French and Latin quotations, and there- by, to be pedantic, made unintelligible to the average American student.

In early life his thoughtful mind was dis- ciplined, and his diction formed by reading the best elementary authors, on the English com- mon law. He was a life-long student in his- tory, literature and belles-lettres ; and he loved the black letter literature of the law. He wrote and spoke the language of a cultured lawyer, and it is the simplicity of his style that makes his books so entertaining to the readers.

AAlthough Mr. Powell for more than 50 years had been engaged in collecting the ma- terial and facts for "The History of the Ancient Britons and their Descendants." it was only written during the years 1875, '70 and '77: and that arrangement for its publi- cation was not made until 1880. The sight of the author at that time had become so im- paired he was unable to examine proof sheets or make corrections of errors, and the pub- lishers, in the printing and publication of the history, refused to take upon themselves any responsibility : the process of publication was slow, and the author could only make cor-

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rections of errors in the proof sheet by hear- ing it read by kind friends who volunteered to do so. The writer mentions this fact to show under what disadvantageous circum- stances the history was published. But it was fortunate for him that defective vision was his only infirmity. for at that time his memory was good and his mind had lost but little of its maximum strength.

All people both barbarous and civilized in proportion to their intelligence entertain a sentiment of reverence for their ancestors, and this sentiment of veneration for the memory of his ancestors, the Ancient Britons, was a striking feature in the character of our author. Mr. Powell was a thorough Welshman, and as a descendant of the Ancient Britons, was proud of his race. If he had not been a be- liever in the brotherhood of man, he would have claimed for Wales, the claim of the Established Church, that Christ died for Eng- land.

Hume and other historians commenced their history with the Roman Invasion under Julius Caesar about 50 years before the Chris- tian Era. Mr. Powell in his history goes back of the Roman period, more than five hundred years through a long and bewildered track of time. The author, as he said himself, pro- (luced this history under peculiar circum- stances, for he left his native land, and came to America 80 years before its publication, and during that long life he lived on the border of a new country, and among a border people, who were always generous and kind to him; and still he never lost his love for his native land. nor his regard for the history of his an- cestors. During that time in the midst of cir- cumstances adverse to the study of history, and literature, and engaged in the profession of the law, with a vim to an active practice, and its study as a science, he did not neglect to devote what leisure time he could to the study of his- tory: and especially that of his native land and people.

Toward the close of a long life thus de- voted in the midst of an arduous profession. and more than the ordinary struggles, and

conflicts in the battles of life, he resolved to put into the form of history, the ideas and knowledge he had collected on the subject, in his former hours of leisure and amusement.

This history contains information not to be found in any other one book. The author as- sumes for reasons which he makes clear, that the human family had a common origin, and that the Creator placed their cradle in some delightful place in the border of that great and fertile valley in Western Asia, watered by those rivers, so well known in connection with whatever is most venerable in antiquity-the Tigris and the Euphrates; and we may add. that aside from the authority of Moses in the Ancient Book of Genesis, the world has what is called the secular and profane history, to confirm this belief.

While the Bible is to be relied upon as a sound revelation as to things spiritual and re- ligious-as to our knowledge of the true and living God, our duty to Him and ourselves. and to each other, it was not intended to teach us science, geology or chronology, and other things that are strictly secular matters, but even in these matters it is as much to be re- lied upon as ancient and profane history. We learn from Moses and his writings, that the inhabitants of the Earth after the flood have descended from Noah and his three sons and their families.

From the cradle of the human family in the Tigro-Euphrates Valley in Western Asia. Mr. Powell in his history traces the line known in history as the Cimri round the north coast of the Euxine Sea, into Western Europe, and across the British Channel into the Island of Great Britain. This history in its accuracy and research shows vast erudition. The curi- ouis student, anxious for information concern- ing the Celtic race. can have his curiosity grati- fied by the perusal of the instructive pages of this "History of the Ancient Britons, and their Descendants."

In 1830, about the time of his removal to Delaware, Mr. Powell was married to Miss Elizabeth Gordon, a most estimable lady who like himself had literary tastes and accom-

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plishments. He survived his wife only a few years. By this marriage five children survive their parents, two daughters and three sons. The oldest daughter is the wife of Dr. Stam- baugh, of California. The youngest daugh- ter. Miss Hellena Powell, is the proprietress and occupant of the old Powell Homestead in Delaware.

Of the three sons, General Eugene Powell was the oldest. He raised for the Fourth Regiment. O. V. L. a company which was one of the very first in the war of the Great Rebellion, and rose to the rank and title of brigadier-general at the close of the war. An- other son is Dr. Llewellen Powell and resides in Delaware. The youngest son is Hon. T. E. Powell. a leading lawyer and practitioner in Columbus, Ohio.

AAnother daughter, Miss Annie, married T. H. Ricketts, Esq., law partner of his brother- in-law. Hon. T. E. Powell, of Columbus, Ohio. but died soon after her marriage. The young- est daughter of this family was Mary, a most beautiful and promising Miss, who died when about 12 years of age.

On the 12th day of December, A. D., 1882. in the 86th year of his age. this venerated sage and patriot, without an enemy in the world. seemingly without pain, passed to his final rest. greatly lamented by all who knew him.

OHN BERLETT, who resides on his valuable farm of 60 acres, is one of the representative men of Delaware Township and belongs to an okl pio- neer family of this county. Mr. Ber- lett was born in Scioto Township. Delaware County, Ohio, October 8, 1851, and is a son of Peter and Mary Ann ( Rupp ) Berlett.

Peter Berlett was born in 1816, in Canton Blamonz, France, and he accompanied his par- ents to America in 1833. For some years he was handicapped by reason of not understand- ing the English language: but this disad- vantage he overcame while assisting his father in getting settled in the new country, neces-

sarily meeting many people and learning in the course of business transactions. He had learned the wagon-making trade in his own land, but mainly followed farming after com- ing to Ohio. Peter Berlett, grandfather of John Berlett, settled first in Stark County, but five years later came to Delaware County. He was a blacksmith but engaged in farming after coming to America. He was successful in his undertakings, being a type of thrifty French settler, one whose characteristics were inherited by his descendants, all of whom proved to be men of character and of good citizenship. The venerable grandfather lived to within five years of the century mark, dying in 1877. Peter Berlett. the father of our sub- ject, became possessed of a tract of 200 acres of timber land after coming to Delaware County, and after clearing it, raised cattle and sheep quite extensively.

John Berlett remained at home until his marriage, when he moved to his present farm. on which he had previously built his comfort- able residence. He continued to improve his property, and in 1903 he built his present sub- stantial barn. a commodious building with di- mensions of 50 by 40 feet, with 22-foot posts. He rotates his crops, having 50 acres under cultivation, raising corn, oats, wheat and hay. He feeds his stock all he grows except his wheat. lle keeps to head of cows, selling his milk to a local creamery, has about seven head of horses and 25 head of Chester White hogs.

Mr. Berlett married Annie Eliza MeFar- land. who is a daughter of William G. Mc- Farland, of Scioto Township, and they have had three children, of whom the two survivors are : Augusta May, who married Walter Freece, residing at Delaware; and Harry Thurston. Mr. and Mrs. Berlett are inem- bers of the United Brethren Church, of which he has been a trustee. In politics, Mr. Berlett has identified himself with the Republican party, and on numerous occasions he has been elected to Township office. For three terms he served as township assessor, during this time working faithfully for the good of the community.

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IIISTORY OF DELAWARE COUNTY

INFIELD SCOTT MARKS, rep- resentative citizen and general far- mer residing on his excellent farm of 100 acres, which is situated three-fourths of a mile east of Powell, was born on the Olentangy River, in Liberty Township, Delaware County, Ohio. one mile east of Powell, December 4, 1839. Ilis parents were Sheldon and Ann ( Knight ) Marks.

The paternal grandfather. Edward Marks. lived and died in Hartford County, Connecti- cut. and from there Sheldon Marks and all his children, except Winfield Scott, came to Delaware County prior to 1839. Sheldon Marks was born June 4, 1792, in Connecticut. and died at Powell, Ohio, in 1878. He mar- ried Ann Knight, who was born in Pennsyl- vania, January 6, 1800, and died in 1879. Her parents were very early settlers of Delaware County and they lived in the lower house, near the river. on the Powell road. Eight children were born to Sheldon Marks and wife, name- ly : Lorenda, who died one year after her marriage with Sylvester Andrews, residing at Bellfontaine: William Edward married Phebe Dedrick and they resided at Columbus, where he died: Sylvester died in childhood: Erastus Bryant, residing at Loveland, near Cincin- nati, married Luey Dedrick: Miles Cordon died in California ; Milow married Mary Bar- ber and died in Illinois. Thaddeus Stevens married Marcella Stanberry and died at Cu- limbus: and Winfield S., of Liberty Town- ship.

Winfield Scott Marks went to school in Liberty Township in his boyhood, taking ad- vantage of the rather meager educational op- portunities afforded the youth of his day. He early became acquainted with work on the farm and has made agriculture his main oe- cupation through life. When he was young a large part of his present well-cultivated prop- erty was yet covered with forest trees, and the present highway on which so much traffic passes his door, was then but a path through the woods. For the past 20 years, Mr. and Mrs. Marks have lived on the present farm and prior to that they lived on the old Marks homestead.

In 1859, by marriage. Mr. Marks became connected with two of the oldest and most prominent families of Liberty Township. His bride was Josephine Case, who is a daughter of Augustus Lumis and Cynthia ( Tuller ) Case, and a granddaughter of Augustus and Lucinda (Curtis) Case. natives of Pocahon- tas County, West Virginia, who first settled on the Scioto River in Concord Township, Dela- ware County. The children of the grandpar- ents were : Augustus, who was small when the family came to Ohio; William Ilunter : Rufus Timothy: Lewis Enos; and Ann, who married Joseph Wells. The father of Mrs. Marks was born in 1816 and died in 1854. after moving to Delaware, aged 38 years. He married Cynthia Tuller, who was born and (lied at Powell. They had five children : James Oscar, Abbie Josephine, Philander Cicero, Dora and Lumis Augustus. James Oscar Case served as a member of the Ninety-sixth Regi- ment, Ohio Volunteer Infantry, during the Civil War. He was married ( first ) to Mar- tha Tone and ( secondly ) to Olive Vance. Philander Cicero married Emma Collier and they reside at Powell. Dora married Charles Carlson, a prominent farmer of Liberty Town- ship. Lumis Augustus is a conductor on the Hoeking Valley Railroad. He married Mari- etta Case and they reside at Columbus.

The children born to Mr. and Mrs. Marks were : Milo Sheldon. William Oscar, Clara Edna, Edward Cicero. Lilliebelle, Alvin Hal- stead. Harry Raymond and Mary Ann. Milo Sheldon was employed on the railroad. where he was killed, leaving a widow and two chil- dren, William and Carl. William Oscar died March 24, 1866. Clara Edna married John fall, residing at Arlington Heights. Cincin- nati. and they have one daughter, Stella. Ed- ward Cicero married Josephine Case, a daugh- ter of Levi Case, and they reside at Hyattsville. They have three children- Lois, Sheldon and Ellsworth. Edward C. Marks served in the army in the Philippine Islands for eighteen months. He enlisted for three years as a member of Company B, Seventeenth Regiment, Ohio Vol- unteer Infantry and at Fort Thomas was : transferred to the Twenty-third Regiment,

ALBERT HUNTLEY

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Ohio Volunteer Infantry. He saw service in Luzon and at lolo. Lillibelle married Harry Wilcox and died at Powell, in 1890. Their only child is also deceased. Alvin Halstead married Charlotta Thomas, a daughter of Charles Thomas, and they reside at Winnipeg. Manitoba. Harry Raymond married Myrtie Black, a daughter of William Black, and they reside on the home farm. Mary was born Oc- tober 20. 1883, and died April 14. 1886.

In politics, Mr. Marks is a Democrat, but is liberal in his views on many public ques- tions. He is a very highly respected citizen.

LBERT HUNTLEY, a retired far- mer of Scioto Township, who has been a resident of Ostrander since 1904, is one of the best-known men of this section. He was born in Delaware Township, Delaware County, Ohio, January 25, 1838, and is a son of William and Abigail ( Marden ) Huntley.

The Huntley family is of English extrac- tion and it was founded in America by Mr. Huntley's great-grandfather, who settled in New Hampshire about the same time that William Penn came to Pennsylvania. Lemuel Huntley, grandfather of Albert Huntley, was born in Coos County, New Hampshire, where he engaged in farming. Ile and wife died at the home of their son, William, in 1854, aged respectively eighty-eight and eighty-six years.

William Huntley was born in Cons Coun- ty. New Hampshire, in 1799, where he grew to manhood. He then went to Vermont, and after his marriage came to Ohio, settling at Tallmadge Center, Summit County. From there he came to Delaware County, in 1836. and settled on what is now known as the Da- vid Bevans farm. He was one of the earliest settlers and he had to clear his forty acres of land, where he built a log house in which he lived for many years. During the War of 1812 he served in the militia. The last twenty years of his life were spent with his son. Albert, and his death took place in 1878.

He married Abigail Marden and they had six children, namely : Lavina, now deceased, who married Lyman Tuttle, of Delaware; Anna, also deceased, who married, first, Frank Cole, and second, Joseph Davis: William, who is deceased : Mary Ann, also deceased, who mar- ried Valentine Wilson: Albert, subject of this sketch: and Oscar, who is no longer living.

Albert Huntley was educated in the schools of Delaware Township. Ile then learned the trade of carriage-smith, developing an unsus- pected talent for all kinds of blacksmith- work. This has led to his invention of a num- ber of valuable agricultural implements, some of which he has patented. He invented a sin- gle wheat drill, the utility of which has been very generally recognized and large sales of which have been made all over the country. He is the inventor also of a corn husker which can be operated either by hand or by mechani- cal power; and of the Perfection fence post. which is made of cement. that composition which bids fair to take the place of building materials of all kinds, in the near future. Mr. Huntley long since recognized its great possi- bilities. He followed blacksmith work for eleven years before he purchased the home farm. In 1887 he bought a farm of 130 acres in Scioto Township, situated on the State Road. subsequently adding to it until it con- tained 165 acres. This he sold in 1904, with the exception of forty acres. He formerly carried on general farming, making a spe- cialty of hay, of which he marketed fifty tons on an average, and also raised livestock.

Mr. Huntley has always been a loyal citi- ze11. During the Civil War he served 100 days as a member of Company D. 145th Regi- ment, Ohio Volunteer Infantry, under Gen- eral Alger, who commanded the troops oc- cupying Forts Whipple. Woodbury, Tilling- hast and Albany. After the crisis was over the 145th Regiment was sent back to Camp Chase, Ohio, where it was honorably dis- charged. Mr. Huntley is a member of Tan- ner Post, Grand Army of the Republic.

Mr. Huntley married Emily Jones, who is a daughter of John Jones, of Radnor Town- ship, and they had two children, Charles and

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Ella, both of whom are now deceased. Charles Huntley died in December, 1907, and is sur- vived by his widow, whose maiden name was Alice Houtz. Mr. Huntley and wife belong to the Presbyterian Church at Ostrander. In his political views the former is a Democrat but he has never been an active politician. He has always been recognized as a citizen of re- liability and one on whom dependence could be placed in any public emergency.

6 EN. EUGENE POWELL, whose death occurred March 17, 1907, at Columbus, Ohio, of which city he was a resident during the latter years of his life, was a native of Delaware, Ohio, and a resident there until his removal to Columbus in 1888. He is well remembered by the people of Delaware County as a man of sterling quilities and unimpeachable integrity. one who was devoted to those things hek! most sacred in life-family, religion and country. He was not of that type given to the acquire- ment of riches, to the exclusion of the de- velopment of the finer qualities of manhood. although he was successful in a business way. He was charitably inclined, and was ever ready to give assistance to the families to those patriots who gave their lives in defense of the Union, or to those who emerged from that terrible struggle in impaired health, unfit to cope in the business world with those more fortunate. He bore an honorable record for services, as private and officer, during the Civil War, and in after years was frequently called upon to serve the public in fiduciary capacity. As soldier or public officer, he conscientiously gave his best efforts, and the place he held in the esteem and confidence of his fellow men is one time cannot change.

General Powell was born in the family home on what is now the campus of Ohio Wes- leyan University. November 16, 1835, and was a son of Thomas Watkin and Elizabeth ( Gordon ) Powell, concerning whom an ex- tended account appears on another paige of this work. The Powell family traces its lineage

back to the Ancient Britons, in the Saxon in- vasion of Great Britain, in the Fifth Century of the Christian Era. It became established in South Wales, where Thomas W. Powell was born in November, 1797. He was four years of age when brought to America by his par- ents, who located at Utica, New York, where he was reared and educated. As above men- tioned an account is elsewhere given of his subsequent career at Canton and Perrysburg. Ohio, and at Delaware, the scene of his greit- est activity, and of his fame as lawyer and author.

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Century history of Delaware County, Ohio and representative citizens 20th, Part 112

Author: Lytle, James Robert, 1841- [from old catalog] ed Publication date: 1908 Publisher: Chicago, Biographical publishing company Number of Pages: 926

Author: Lytle, James Robert, 1841- [from old catalog] ed
Publication date: 1908
Publisher: Chicago, Biographical publishing company
Number of Pages: 926