Century history of Springfield, and Clark County, Ohio, and representative citizens 20th, Part 55

Author: Rockel, William M. (William Mahlon), 1855-1930, ed
Publication date: 1908
Publisher: Chicago, Biographical publishing co.
Number of Pages: 1086

USA > Ohio > Clark County > Springfield > Century history of Springfield, and Clark County, Ohio, and representative citizens 20th > Part 55

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In September, 1900, a fine four-story building costing approximately $75,000 was completed and appropriately dedi- cated, the Association taking a standing in the city never before occupied.

February, 1903, the building caught fire at the burning of Black's Opera House and was nearly destroyed. Unfortunately the insurance only partially covered the loss. Rebuilding operations were started after some delay and completed two years later.

W. J. Fraser, for fourteen years gen- eral secretary, whose health continued bad, was compelled to resign.

The Association from 1907 has been prospered, gaining in the respect of the community by its common-sense consist- ent work among the young men under the splendid leadership of Border Bowman as president.

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A. E. Flint is the present able and effi- cient secretary.

The widow and heirs, in recognition of a desire of the late Amaziah Winger, have directed the executor to pay to the Asso- ciation the sum of $10,000, and an effort is now being made which promises to be successful in lifting the entire indebted- ness. The property is worth from $75,000 to $100,000.

YOUNG WOMEN'S CHRISTIAN ASSOCIATION.

The Young Women's Christian Associa- tion was organized in 1896, and it was an outgrowth of work commenced several years before, known as the Deaconess Home. The workings of this association are very closely connected with Clark's Memorial Home.

The regular work of this association was commenced in a house on the corner of Columbia Street and North Fountain Avenue. It was afterwards removed to Jefferson Street in what was formerly known as the Dr. J. Edgar Baker prop- erty. Some three or four years ago the association purchased the old Volney A. Farr property, from his son-in-law, Aaron Trout, adjoining the First Lutheran Church on East High Street. This is a large and commodious building, well situ- ated for the work. Afterwards a substan- tial gymnasium building was erected in the rear. Recently Mrs. Winger, the widow of Captain Amaziah Winger, gave a very substantial donation, she having al- ways been very much interested in its wel- fare. Mrs. Mary G. Keith is superinten- dent.

CENTRAL YOUNG MEN'S CHRISTIAN ASSO- CIATION.

The Central Y. M. C. A. is devoted to the colored people. Some ten years ago the need of such an institution was brought prominently before our people by some of our more progressive colored people, and the property was purchased from Mr. Ed. Simpson on South Center Street for $4,000. The payment for this home was guaranteed by Hannable Ham- lin, Amaziah Winger, Richard Rodgers, E. S. Kelly, R. Q. King, Charles H. Pierce, Wm. M. Rockel, and others.

This indebtedness was carried on for a number of years. Substantial donations were received from Mr. E. S. Kelly, Rich- ard H. Rodgers, and others and upon the death of Mr. Winger, $1,000 was received from his estate, until the indebtedness is now reduced to $800. Substantial im- provements have been made in this prop- erty and many worthy young colored peo- ple have taken a commendable interest in its welfare.

It has been considerable of a struggle, but as the property is now almost paid for and that burden is off of them, it is rea- sonable to hope that the institution will be kept up in the future. Considering our large colored population, perhaps there is no institution in the city that deserves more encouragement, or from which great- er substantial benefit could be derived in the way of increasing the general wel- fare of our city. Mr. William H. Jack- son has been the efficient and clever secre- tary for a number of years.

CHAPTER XX.

BENCH AND BAR .*

Early Courts-Common Pleas-Common Pleas Judges-William A. Rodgers-Will- iam White-James S. Good-Charles R. White- F. M. Hagan-John C. Mil- ler-Jacob Kreider Mower-A. H. Kunkle-Probate Court Judges- Circuit Court Judges-Police Court Judges-Early Lawyers-Members in 1852- Samson Mason-Charles Anthony-Samuel Shellabarger-George Spence -Samuel A. Bowman-Members 1864-Members 1881-Sometime Members -Gen'l Keifer-A. P. Linn Cochran-Bar Association-Library-Members 1908.

A distinguished lawyer, and a great statesman, who left the impression of his very great intellect in the Senate of the United States and on the bench of our Su- preme Court, Allen G. Thurman, once said: "That without any boasting, and without any disposition to brag or boast, it is and has been for a great while my firm belief that, great as has been the bar of other states, there is no state in the Union that has had a bar of greater men than have appeared in the State of Ohio. That is my firm belief. I do not forget the great lawyers of Massachusetts, of Connecticut, of New York, of Pennsyl- vania, of Maryland, of Virginia, and of Kentucky. I do not forget any of them. Many of them I have seen and heard with great delight and with great instruction. And yet, I repeat the opinion I have had for many long years, that no state has

ever had within its limits an abler and better bar than the State of Ohio."

Having heard this great encomium on the bar of our state, it would be supreme arrogance in me to claim for the bar of the City of Springfield, that it was the equal or the greatest in the State of Ohio. I can say, however, that, taking into con- sideration the date of the city's organiza- tion, its population, and the character of its industries, that the bar of the City of Springfield and the County of Clark, com- pares favorably with any other city or county of the state. And in point of in- tegrity, honor, and high character of its members, and general standing in the community, it acknowledges a superior nowhere on the face of the earth.

EARLY COURTS.

There is no record that anyone with- in the confines of our city or county lim-

*From a paper read by the editor at the Springfield Centennial, corrected to date.

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its was ever questioned before a court organized under_ territorial laws. Under the constitution of 1802, it was provided that there should be a Supreme Court of three or five judges, who were required to hold court once a year in each county in the state. This court had original and appellate jurisdiction, both at com- mon law and in chancery. By the rapid increase of population in the state, this court was soon greatly overtaxed; allow- ing the judges thirty days for court in bank at Columbus and one day for travel from one county to the other, making no allowance for sickness of the judges or any respite from labor, they had an aver- age of less than seven and one-half days for the annual business of each county. The records, however, disclose the fact that the cases were carefully considered, and the occupants of the bench were men of very great ability. The first session of the Supreme Court that was held in the City of Springfield was in 1805, the judges being Samuel Huntington, Chief Justice; and William Sprigg and Daniel Symmes, Associates. At this session three men were tried for shooting an Indian, whose name was Kanawa-Tuckow. The accused were Isaac Broken, Archibald Dowen and Robert Rennick, who were acquitted. This was before the organization of our county. The first session of the Supreme Court that was held in our county began on July 10, 1819. Hon. Calvin Pease was the Chief Judge, and Hon. John McLean was associated with him. Of this first Chief Justice who graced the bench of our county, Judge Thurman once said, "That he was one of the finest specimens of manhood that I ever saw, dressed in a way that would make a dude faint, the most

perfect dress I ever saw on a man, and the nicest ruffles to his shirt bosom, look- ing the very beau ideal of a gentleman of the olden times."

The other member of that court, John McLean, thought so much of his profes- sion as to decline a candidacy for the United States Senate, when his election was reasonably assured. He afterward became a member of the Supreme Court of the United States, and served with dis- tinguished ability for a period of thirty- two years. From this time on, until the constitution of 1852, the Supreme Court, with some of its members, gave an annual hearing to causes in the County of Clark and in the City of Springfield.

COMMON PLEAS COURT.

The Common Pleas Court, as organized by the constitution of 1802, consisted of three members, a presiding judge, and two associates. They were appointed by joint ballot of both houses of the General As- sembly, and held their offices for the term of seven years, "if so long they behaved well." The state was divided into dis- tricts or circuits. At first there were but three circuits in the state-these were aft- erward increased from time to time as business demanded. The composition of this court was very often criticised, and sometimes spoken of as a court of one hundred judges, that is, one judge and two ciphers. In jury cases, undoubtedly the associate judges, who were not men skilled in the law, were practically ciphers, but in the trial of causes to the court they brought to the aid of the presiding judge good common sense and business knowl- edge which was often an invaluable assist-

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ance, and aided in making the finding of the court much more satisfactory than the verdict of a jury.

The first Court of Common Pleas held in Clark County was on April 7, 1818, with Orrin Parish as presiding judge; Daniel Mckinnon, Joseph Tatman and Joseph Layton, associates. At the August term of 1819, the record shows that Frederick Grimke was the presiding judge. At the March term of the Common Pleas Court in 1820, Joseph H. Crane was the presid- ing judge, with the same associates as the first term. At the March term of the court in 1822, Samson Mason was, by or- der of the court, appointed Prosecuting Attorney of the county. Judge Crane was presiding judge until the close of 1828, when he resigned, having been elected to Congress in the fall of that year. It is said that he was an able lawyer and an excellent judge. That his manners and his conduct on the bench were such as won for him the esteem of all who had trans- actions in the court during his presidency.

He was succeeded by Hon. George W. Holt, who continued to hold the office un- til 1834, at which time a new circuit was formed. Over this new circuit, which embraced the counties of Franklin, Madi- son, Clark, Champaign and Logan, and for a short time Hardin County, Judge Joseph R. Swan was called to preside. He held the office from 1834 to 1845, when he resigned to return to the practice of law. Afterward Judge Swan served with distinguished ability on the Supreme Court. But he will no doubt be longer remembered as the author of an incom- parable volume on the practice in Justice of the Peace's Court, familiarly known as "Swan's Treaties," than as a lawyer or

a judge. He was succeeded as presiding judge by the Hon. James L. Torbert, who occupied the position from 1846 until 1852, when the new constitution went into effect.

COMMON PLEAS JUDGES.

JUDGE TORBERT was the first member se- lected from the Clark County Bar as a presiding judge on the Court of Com- mon Pleas. He was afterward elected judge of the Probate Court, and was a man of superior attainments and great literary taste. He was modest and unob- trusive. He was a man of strong convic- tions, and violently opposed to the institu- tion of slavery. He was born in Bucks County, Pennsylvania, 1796; came to Springfield in 1824, and died very sud- denly on the 15th of May, 1859, on board a steamer on the Mississippi River.

The associate judges of Clark County from 1831 to 1852 were Daniel McKin- non, William G. Serviss, Joseph Perrin, Ira Paige, John R. Lemon, John T. Stewart, Isaac Paint, John Hunt, Abra- ham D. Menness and Oliver Clark. The history of our county shows that these associate judges were men of honorable and respectable callings, and lived the lives of useful citizens.

With the advent of the constitution of 1852 came the reorganization of the judi- ciary of Ohio. The Supreme Court no longer traveled on the circuit. For a while after the adoption of the present constitution one member of the Supreme Court would sit in each county in what was then known as the District Court. The Supreme Court held all its sessions at the City of Columbus. The Common Pleas

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Court no longer had associate judges, and there was organized a new court which had jurisdiction in probate and testa- mentary matters, the appointment of ex- ecutors and guardians, and the settlement of accounts of executors, etc., and such other jurisdiction as may be provided by law. This court took away from the Common Pleas Court many of the duties that formerly devolved upon associate judges, and was known as the Probate Court. Under the new constitution, all the judges were made elective, not ap- pointive, as before. The first person to be elected as judge of the Common Pleas Court of this district was a distinguished member of the Clark County Bar.

WILLIAM A. ROGERS-Concerning the character and qualifications of William A. Rogers no word of disparagement has ever been uttered. None of the present members of our bar ever practiced law be- fore him, and but few have any personal recollection concerning him. Those few who do remember anything about him have only words of praise in reference to his legal ability and general versatility. Judge W. H. West says: "He was a man combining both talent and genius, and certainly one of the best lawyers in the Mad River Valley." He was born De- cember 13, 1809, in Dauphin County, Pennsylvania; studied law in Pittsburg, and in the fall of 1834 removed to the city of Springfield. He became prominent as a Whig in politics and was a delegate to the National Convention which nominated General Harrison in 1840. In 1851, as be- fore stated, he was elected Common Pleas judge, which position he occupied until 1855, when he resigned his office on ac- count of failing health. And on the 25th

of May, of the same year, he died in the city of Springfield. One who knew him well says of him: "He was endowed with a brilliant intellect and with remarkable power of analysis; he possessed a spark- ling wit, was a logician of high order, and his eloquence was rich and impressive; these qualities made him an effective ad- vocate and formidable antagonist in any case which he espoused; he was a man of broad culture, and of liberal and compre- hensive views."

WILLIAM WHITE-The next person called from the bar of Clark County to the position of Common Pleas judge is justly entitled to be designated as the greatest jurist that ever came from this bar. Will- iam White was born in England on the 28th day of January, 1822. He came to this country with an uncle in 1831. At twelve years of age he was apprenticed to a cabinet-maker for a term of nine years, but after serving six years of his ap- prenticeship, he purchased his time by giving his notes to his master. In 1846 he was admitted to the bar. In 1847 was elected prosecuting attorney, and three times re-elected. In 1856 he was elected judge of the Court of Common Pleas. And in 1861 was re-elected. In 1864 he was appointed judge of the Supreme Court, and was three times re-elected. And in 1882 he was appointed by Presi- dent Arthur, United States district judge for the Southern District of Ohio, and was confirmed by the Senate, but died be- fore he could qualify for that high posi- tion. His death occurring as recent as 1883, leaves a personal recollection of many of his distinguishing characteristics among the older members of our bar. But from the fact that his duties called

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him away from our city, since 1864, most of the present generation of our lawyers remember nothing more about him than having seen his striking, strong, pleasant face. For twenty-seven years he wore the judicial ermine, stainless and spotless as ever the mantle fell from a human judge. He was an affectionate and de- voted husband, a considerate, kind and in- dulgent father. His manners were mod- est, kind and unassuming; to his brethren of the bar he was the personification of kindness and generosity. His popularity among all classes of people was evidenced by the fact that every time he was a can- didate for their suffrages, he led his ticket by many hundreds of votes. He was a man of very great industry. He may have had compeers on the bench who were more brilliant and quicker to grasp some intricate question of law, but none ever exceeded him in an industrious in- vestigation and firm determination to ar- rive at a right and just conclusion. . His life was no doubt shortened by his close application to the arduous duties devolv- ing upon him as a member of the Supreme Court.

the same year he opened an office in the City of Springfield. He was mayor of the City of Springfield and prosecuting at- torney for two terms. He died after an illness of but a few days, on April 10, 1891. Judge Goode is remembered kindly by all the older members of the present bar, and by many of the younger ones. When he took his seat upon the bench, the docket was crowded by the accumulation of years, justice was tardily adminis- tered; "the law's delays" was much cause of dissatisfaction. He brought to the bench his well-known energy at the bar, and soon made order out of disorder; and in a reasonably short length of time had the docket in such a condition that a suit could be brought and tried during the same term. He deservedly won a high and enviable reputation not only with the public, but with the bar of this and other counties. Imposing in appearance, quick of apprehension, learned and patient, he was an ideal on the bench, and many of the members of the bar have reason to re- member his extreme kindness to them in the earlier years of their professional life. After Judge Goode's retirement from the bar, he practiced law with his son Frank until the latter's death, in 1887. With the death of his only son, Judge Goode seemed to have lost much of his interest in the profession, and from that time until his death did not appear in court very fre- quently. His long and extensive practice at the bar, with his quickness of mind, made him an exceedingly good nisi prius judge.

JAMES S. GOODE -From 1864 until 1875 the Common Pleas Court was presided over by judges from other counties. In the previous year, an additional judge having been granted to this district, James S. Goode, a practitioner at this bar for nearly thirty years, was elected to that important position. Declining a re- election, he served for ten years, with the general approbation of all persons who had business with him in his judicial ca- CHARLES R. WHITE-Judge Goode was succeeded on the bench by Charles Rogers son of Judge William White. He was pacity. James S. Goode was born in Warren County, Ohio, January 22, 1823, White. Charles R. White was the only and was admitted to the bar in 1848. In

PRESENT STATION HOUSE, SPRINGFIELD

WATER WORKS PUMP HOUSE, SPRINGFIELD

CENTRAL ENGINE HOUSE, SPRINGFIELD

POST OFFICE, SPRINGFIELD

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born in the City of Springfield, the 25th day of May, 1849. Admitted to the bar 1873, and in 1884 was elected judge of the Court of Common Pleas, and re-elected in 1889. He died on the 29th day of July, 1890, in the forty-second year of his age. Charles R. White was a worthy son of an illustrious father. He was quicker to ar- rive at conclusions, and therefore, in the opinion of some, was a better nisi prius judge than his distinguished father. He was studious, honest, and exceedingly sen- sitive to any act of his which might cause pain to the feelings of any member of the bar. His dealings with all persons were conducted with the sole purpose of justice and right. He revered the memory of his father, and it was the highest ambition of his life to follow in his footsteps; and should he have lived, no doubt high judi- cial honors would have fallen upon him. As it was, taken from the bench in the prime of life, he left behind him a mem- ory cherished by all who came in contact with him.

F.M. HAGAN-Upon the death of Charles R. White, Governor Campbell appointed Francis Marion Hagan to fill the vacancy, until the regular election. Judge Hagan was born June 10, 1844, in Mad River Township of this county. By his own efforts he secured his education, and is in every sense of the term a "self-made man." He was admitted to the bar in 1873, and in 1879 and again in 1883 was elected city solicitor. In 1887 he was ap- pointed postmaster. While Judge Ha- gan's occupation of the bench was for the brief period of four months, yet it was sufficient to demonstrate the fact that he possessed exceptional judicial qualifica- tions; and no doubt were it not for the

fact that his political belief is not in ac- cord with that of the prevailing party in this district, his judicial career would have been very much extended. Judge Hagan made a careful, painstaking, able, and con- scientious judge. Since his service upon the bench he has been engaged in the ac- tive practice of his profession, and is now the senior partner of the firm of Hagan & Kunkle. In all matters connected with the welfare of the City of Springfield he has always taken a prominent part; and is chairman of the committee having in charge this centennial celebration.

JOHN C. MILLER-In 1890, John C. Miller was elected to fill the vacancy made by the death of Judge Charles R. White. In January, 1891, he relieved Judge Ha- gan, who had been appointed to fill the vacancy until an election. Judge Miller came to the Common Pleas bench with a long career in public life. His father, Reuben Miller, likewise had a long pub- lic career in our city and county. He was born in the City of Springfield, April 13, 1834. He was apprenticed as a printer, afterward took up the study of law, and was admitted to the bar in 1855. In 1861 he was elected Mayor of the City of Springfield, and in the fall of the same year was elected prosecuting attorney of the county, and several times re-elected. In 1869 he was chosen city solicitor, and held the office by repeated elections until 1876, when he resigned to accept the posi- tion of Probate judge, to which office he had been elected in the previous October. This position he held until 1891, when he resigned to accept the position of Common Pleas judge, to which he had been elected in the previous fall. He was twice re- elected to this position. He died Septem-

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ber 17, 1900, at his residence in this city. Judge Miller was a familiar character for many years to the people of the City of Springfield; he possessed great aptitude for politics, and had few superiors in the managing of men to secure official posi- tions. His learning of the law did not seem to come from books, but rather from strong common sense; intuitively he seemed to correctly grasp the rights that ought to exist between man and man. He was quick and impulsive, possessed of a temper which at times made him disagree- able to do business with, yet much of this irascibility no doubt came from long and continual ill health. His convictions were strong, and no doubt expressions were sometimes made that carried him beyond his real'intention. He had a determined idea of justice and right. Beneath an austere manner and demeanor, was a heart as kind and open to a person in dis- tress as was ever possessed by man. With all his faults-and who has none ?- he was a strong, able, conscientious judge, an ex- ceedingly good interpreter of the law, and an upright citizen.

JACOB KREIDER MOWER-Upon the death of Judge Miller the bar united in appoint- ing to fill the vacancy Jacob Kreider Mower. Judge Mower was born in Franklin County, Pennsylvania, April 4, 1833, and was admitted to the bar in 1858, and the same year took up his residence in the City of Springfield. He was city solicitor from 1868 to 1870, and in the next two years served as a member of the leg- islature. He occupied no other positions prior to his appointment as Common Pleas judge, except member of the school board. At the time of his appointment to the bench he had been a member of the

bar for forty-two years and past sixty- seven years of age. Judge Mower was an exceedingly kindly disposed man, honest and upright in his dealings. He had, how- ever, acquired some ideas throughout his life that verged close upon eccentricities. His long practice at the bar made him per- haps unconsciously take sides in the case, so while everyone had the most kindly feeling for him, yet it can hardly be said that he filled the position up to the expec- tation of his friends. His only son, Cap- tain Carl Mower, died in the early part of 1904 and this affliction, with those attend- ant to the natural infirmities of life, caused Judge Mower to decline in health and he died in the same year before he had completed his term.

A. H. KUNKLE-Upon his death Albert H. Kunkle, who had received the nomina- tion for the succeeding term, was ap- pointed to fill the vacancy. Judge Kunkle has made a very good judge, expediting the business of the court as much as could reasonably be expected, and perhaps it can truthfully be said that the trial docket is in better condition now than it has been for years.

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Century history of Springfield, and Clark County, Ohio, and representative citizens 20th, Part 55

Author: Rockel, William M. (William Mahlon), 1855-1930, ed Publication date: 1908 Publisher: Chicago, Biographical publishing co. Number of Pages: 1086

Author: Rockel, William M. (William Mahlon), 1855-1930, ed
Publication date: 1908
Publisher: Chicago, Biographical publishing co.
Number of Pages: 1086