USA > Ohio > Clark County > Springfield > Century history of Springfield, and Clark County, Ohio, and representative citizens 20th > Part 56
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PROBATE COURT JUDGES.
The constitution of 1852 gave to the Probate Court certain defined jurisdic- tion, and such other as may be provided by law. This provision allowing other jurisdiction to be conferred upon the Pro- bate Court has made it a court very little inferior in its importance to the people than the Court of Common Pleas. As first intended by many of the members of the Constitutional Convention, it was to be an inferior court which might be presided
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over by men not learned in the law. With the extended jurisdiction that has been conferred, it is now universally believed that on account of its importance, its oc- cupant should not only be a lawyer, but a good lawyer. The first person to fill the position of probate judge was not of our profession.
JAMES S. HALSEY was born in Warren County, December 7, 1804; he came to Springfield in 1822, and served as auditor from 1826 to 1836; and from 1836 to 1852, clerk of the Court of Common Pleas. In the fall of 1851 he was elected probate judge and served one term. He died in Plymouth, Ind., January, 1876. It has been said of him that "he had an innate scorn of meanness, mendacity and sham, which was as natural to him as it was to breathe the vital air. His charity was large, and while giving unostentatiously, he gave munificently; indeed, in every- thing he did there was an entire absence of ostentation, and, next to dishonesty and fraud, it was probably the object of his profoundest contempt." Such were some of the characteristics of the first probate judge.
JAMES L. TORBERT-The next probate judge was James L. Torbert, of whom we have spoken heretofore as an occupant of- the Common Pleas bench. Upon Judge Torbert's death, in 1859, John H. Littler was appointed to the vacancy, and there- after elected for three full terms, going out of office in 1870.
JOHN H. LITTLER was born near Win- chester, Virginia, September 1, 1820. He came to Clark County in his youth. In 1855 he was elected a member of the Legis- lature of the State of Ohio. In 1857 he was admitted to the bar; in 1881, twenty-
six years from the time that he first en- tered the General Assembly of Ohio, he was again elected a member of that body and re-elected in 1883. He died June 8, 1885. Judge Littler was perhaps more of a politician than a lawyer, yet it may, however, properly be said of him that he was a faithful, honest public servant, and a good citizen.
ENOCH G. DIAL-The successor of Judge Littler upon the Probate bench was Enoch G. Dial, who was born in Clermont Coun- ty in 1817. He came to this county in 1845 as a professor in the Springfield Academy. In 1849 he was admitted to the bar. He occupied the position of probate judge for two terms, from 1870 to 1876. In 1879 he was elected and served two terms in the Ohio House of Represent- atives. He was a man of scholarly attain- ments, possessed of fine literary taste and acquirements ; active and industrious in promoting the interests of various char- acter which affected the welfare of the City of Springfield. He was careful and painstaking, and left the reputation of an able, cautious and conscientious judge. He died in 1896.
Judge Dial was succeeded on the Pro- bate bench by John C. Miller, who oc- cupied the same until December, 1890, when he resigned to accept the position of Common Pleas judge. Madison Over was appointed to fill the vacancy of seven weeks, to February 9, 1891, when the writer of this paper assumed the position of judge of Probate Court. He occupied the same for two terms, and was succeed- ed in 1897 by James P. Goodwin, and he, in 1903, by Frank W. Geiger, the present incumbent.
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CIRCUIT COURT JUDGES.
In 1883 an amendment was passed af- fecting the judiciary of our state by the organization of a new intermediate court, known as the Circuit Court. Previous to this time, it was the practice for three members of the Common Pleas bench to sit as an Appellate Court and review ac- tions brought from the Common Pleas. As this court was composed of members who sat in the trial of the case below, it therefore made the judge review his own decision. It was not very satisfactory, and, besides, the Common Pleas Courts, by the increase of business, had so much of the time of their judges taken up that, as judges of the District Court, they could not give that consideration to the causes before them that was required. Any way, the people were satisfied to have a new intermediate court. At the first conven- tion to select judges for this new court, Clark County presented the name of Judge Mower, but was unsuccessful in hav- ing its candidate endorsed for the nomi- nation. Afterward, when Judge Williams was promoted to the Supreme bench, Clark County again presented a candidate in the person of Judge Charles R. White, but was again doomed to the disappoint- ment of defeat. In 1894, upon the retire- ment of Judge Stewart, Clark County again presented a candidate in the person of Augustus N. Summers. This time carrying into execution the old adage that the third time brings success. Mr. Sum- mers received the nomination. He was elected in the fall of that year and again re-elected in 1900. Judge Summers was born in Richland County, June 13, 1856; admitted to the bar in 1881. His gentle-
manly conduct, courteous bearing, and in- dustrious habits, have made him a wise, and successful judge. He was promoted to a Supreme Judgeship in 1904, which position he still occupies.
POLICE COURT JUDGES.
Until the year 1887, the mayor of the City of Springfield performed the duties of a police magistrate. The Legislature of the previous year passed a law creat- ing the office of police judge. The first occupant of this position was Luther F. Young. He was succeeded in 1891 by Charles E. Morris, now a resident of Columbus. In 1893, O. B. Trout became judge of the Police Court, and in 1895 he was succeeded by William R. Horner, who in turn was succeeded in 1899 by J. J. Miller, the present incumbent. All the oc- cupants of the Police Court bench were members of our bar and are still such with the exception of Charles E. Morris.
"Great men die and are forgotten; Wise men speak; their words of wisdom Perish in the ears that hear them."
EARLY LAWYERS.
This, no doubt, has been the penalty of a large portion of the members of our bar. The court records disclose the in- dividual names of persons who had pro- ceedings there. But otherwise no record appears containing the names of the mem- bers of our bar, since the organization of our Common Pleas Court. In order to enable future generations to know who have been so fortunate or unfortunate as to expend their eloquence in our courts, I would suggest that a register be kept by the clerk of our court, in which every person practicing there should be required to register. The first attorney whose
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name appears upon our law record is that Foos (the directory was mistaken; Mr. of Henry Bacon. Other names closely Foos read law, but was never admitted to the bar), George Frey, J. S. Goode, Samson Mason, Rodney Mason, R. R. Mc- Nemar, A. D. Rogers, Samuel Shellabar- ger, George Spence, J. L. Torbert, Will- iam White, and H. Blair Wilson. following are those of George W. Jewett and I. Cooley. In the Chancery Court, the first paper was filed by H. Flournoy, and soon thereafter the names of T. C. Flournoy and William Elseberry appear as attorneys. I am not positive that any of these, with the exception of George W. Jewett, were residents of our city. Jewett combined the newspaper business with his law business, and was editor of the "Pioneer." The records of our court would not be an infallible guide to furnish a list of attorneys of our bar; for, in the earlier times, it was the custom of the lawyers to practice in various counties in the circuit. Throwing their saddle-bags, with a few books on their horses, they would follow the judges from county to county, either to try causes in each coun- ty, or in the hope of being retained in some one. Clark County being new, and the City of Springfield young, many dis- tinguished counsel came from distant parts of the state. From recollection, an early settler has given the names of the following lawyers who practiced law here prior to the adoption of the present con- stitution : George W. Jewett, Platt, Hig- gins, Mott, A. G. Burnett, William A. Rogers, James M. Hunt, William White, J. B. Underwood, Joseph B. Craig, Joseph Anthony, James L. Torbert, Robert W. Carroll, William Cushing, Samson Mason, Charles Anthony and Harvey Vinal.
GENERAL SAMSON MASON AND GENERAL CHARLES ANTHONY were by far the most conspicuous members of our bar from 1824 to 1860. While both were of the same political faith, yet they were rivals in poli- tics as well as at the bar. General Mason was more aristocratic in his bearing and deportment, and more scholarly in his at- tainments, and more popular with the learned and aristocratic element of our people, while General Anthony, of fine presence and agreeable manners, was more approachable and more popular with those who scorned to belong to what they termed the "cultured aristocracy." General Mason was born in New Jersey in 1793. He was the first prosecuting at- torney of Clark County, served a number of terms in the Legislature, was eight years in the United States Congress, and during the administration of Millard Fill- more was United States attorney for Ohio and was a member of the Constitutional Convention of 1852. As a lawyer he had a reputation which extended beyond the state. His professional circuit embraced the counties of Clark, Greene, Champaign, Union, Logan and Madison. He was an honest lawyer and faithful manager of all business intrusted to his care. His bear- ing was dignified, and his language that of a scholarly gentleman. He was in every old school. He died in this city, February 1,1869.
MEMBERS IN 1852.
In 1852, a directory of the City of Springfield gave the occupation of the sense of the term a true gentleman of the following persons as attorneys-at-law : Charles Anthony, J. R. Coverdill, John.
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General Anthony was born in Richmond, Virginia, and came to Ohio in 1811, and to Springfield in 1824, and died March 31, 1862. His popular manners soon gave him a practice and a prominence at the bar that established him as a worthy rival of General Mason. He was not so fortunate in being elected to public positions, but for a number of years was a distinguished member of the General Assembly. In 1840 he was appointed by General Har- rison as United States attorney for Ohio, and held it for four years. Always active and enterprising, in all public measures he was foremost. He gave very great at- tention to the Masonic fraternity, and was elected grand master of the state. After his death a new lodge of Masons was or- ganized in our city which bears his name.
SAMUEL SHELLABARGER-A great lawyer who came upon the scene of action about the time that Mason and Anthony were drifting away by reason of old age, was Samuel Shellabarger. In many respects he was the most prominent and gifted of the lawyers that ever honored the bar of Clark County with his presence. He was born December 10, 1817, in Mad River Township, of this county, and died Aug- ust 7, 1896, in Washington, D. C. Ad- mitted to the bar in 1846, he came to prac- tice law in Springfield in 1848. He was elected to the General Assembly in 1852, and to the Congress of the United States in 1860, and served several terms until 1873. In the United States Congress he was recognized as among the foremost of statesmen, and it was said by Blaine that "he was distinguished for the logical and analytical character of his mind. Without the gift of oratory, paying little heed to the graces of speech, Mr. Shellabarger
conquered by the intrinsic strength of his argument, which generally amounted to demonstration. His mind possessed many of the qualities which distinguished Mr. Lincoln." After retiring from Congress, he removed to Washington for the purpose of practicing his profession, and was en- gaged in many of the most important mat- ters of litigation that appeared in the Supreme Court of the United States. His industry and faith to duty and to his coun- try were crowning virtues ; he was as good an example as the history of our profes- sion furnishes, of an able, learned and Christian lawyer.
GEORGE SPENCE-George Spence's name appears upon the record about the same time as Mr. Shellabarger's. He was born in Pike Township in 1828, and was ad- mitted to the bar in 1850, died February 6, 1895. He had the reputation of being the best jury lawyer that ever appeared in our court. Popular in his manner, he had a larger personal acquaintance in the days of his prime than any person in our county. Active in body, with a wonder- fully live and vigorous mind, he brought into the trial of his cases great vigor. His argument in a cause was sometimes com- pared to zigzag lightning-you never knew where it was going to strike, but it was sure to strike somewhere, and with great force. Mr. Spence had the mis- fortune of not receiving what might be termed a good education, and his environ- ments and associations in early life were not such as led him to the highest eleva- tion of a good citizen. Naturally, he had a mind which, perhaps, never was sur- passed by any member of our bar. He was active and energetic in matters per- taining to the welfare of our city. His be-
PRESENT STATION HOUSE, SPRINGFIELD
WATER WORKS PUMP HOUSE, SPRINGFIELD
POST OFFICE, SPRINGFIELD
CENTRAL ENGINE HOUSE, SPRINGFIELD
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ing a Democrat in politics, prevented his acquirement of political positions. But for many years he was acknowledged as one of the wheel-horses of that party. He was a delegate to the celebrated Charles- ton Convention, in 1860, which adjourned to Baltimore and nominated Stephen A. Douglas for the Presidency, which pre- cipitated the terrible civil conflict of 1861. Large investments and loose business hab- its caused Mr. Spence to lose his prop- erty in his declining days. He possessed many excellent traits of character, and was very faithful to the interests of clients confided to his care. In his long active professional and business career he aided many persons needing aid and as- sistance. While he was not a great jurist, he was, in his palmiest days, an exceed- ingly good trial lawyer.
SAMUEL A. BOWMAN-Purely as a law- yer-and he sought distinction in no other way, excepting that of good citizen- ship-Samuel A. Bowman had no peer at the bar of Clark County, and but few in the State of Ohio or the United States. He was born at Zanesville, January 13, 1832, graduated from our own Wittenberg College in 1852, and commenced the prac- tice of law in the City of Springfield in 1854, continuing in a large and lucrative practice until the day of his death, which occurred July 5, 1895. His early asso- ciations with General Mason gave him a large clientage in his younger days. He was purely a lawyer, and his profession was his only ambition. His practice ex- tended through all the courts of the United States, and he was able and worthy to meet any adversary in that broad field. He possessed a mind of great natural vigor, which was trained to its highest ca-
pacity by methodical study, reading and thought. Often on the street his mind was engrossed with thoughts of matters pertaining to his profession, and he would pass a friend without recognizing him. This gave the impression to many people that he was aristocratic in his ideas and selfish in his disposition. It is true he was not a good "mixer" with the popu- lace; as a politician he was not a success ; but as to all his dealings with man, he was just and generous. He had the power to grasp the salient features of his case to a wonderful degree, and could plan and for- mulate the method of action and execute a defense second to none. He was the originator of the beautiful Ferncliff Cem- etery, the Savings Bank, the Associated Charities, and other matters pertaining to the city's welfare. Three sons-Ed- mond O., John E., and Border-continue in the practice and exhibit many of his distinguishing characteristics, Border giv- ing his attention chiefly to the practice of patent law, in which his noted father was an adept.
MEMBERS IN 1864.
In 1864 the names of the following per- sons are given as practicing law at our bar: Aaron Cochran, A. P. Linn Cochran, David M. Cochran, John B. Hagan, D. A. Harrison, Saul S. Hinkle, Samson Ma- son, Samuel Bowman, T. J. Pringle, J. K. Mower, George C. Richardson, Joshua D. Sharon, Samuel Shellabarger, J. S Goode, George Spence, John McGaffey, and H. Vinal. David M. Cochran, a brother of A. P. Linn Cochran, died the latter part of the sixties. He was a very brilliant lawyer, possessed of many ex- cellent traits.
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MEMBERS IN 1881.
In 1881, the following were enrolled as members of our bar: George Arthur, S. A. Bowman, A. T. Byers, M. T. Burn- ham, W. F. Bevitt, A. G. Burnett, A. P. L. Cochran, C. W. Constantine, Milton Cole, B. Chinn, E. G. Dial, W. H. Dugdale, Charles Dunlap, Graham Deuwell, A. H. Gillett, Frank C. Goode, F. M. Hagan, E. O. Hagan, W. R. Horner, James Johnson, Jr., O. B. Johnson, J. Warren Keifer, C. C. Kirkpatrick, John H. Littler, J. K. Mower, Oscar T. Martin, P. B. Martin, B. F. Martz, J. F. McGrew, J. J. Miller, Percy Norton, W. S. Newberry, James H. Piles, Thomas J. Pringle, George C. Raw- lins, J. H. Rabbitts, R. C. Rodgers, W. M. Rockel. C. B. Rockhill, D. S. Runyan, George Spence, W. A. Scott, Frank Show- ers, Joseph Tritt, E. S. Wallace, F. W. Willis, W. H. Willis, Charles R. White, Fletcher White, Amos Wolf, Walter L. Weaver, C. F. Yakey.
SOME TIME MEMBERS.
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There are other members of our bar whose names do not appear in the list above given, who died in early age or re- moved to other scenes of action. James Willis came within forty votes of being elected mayor, and died suddenly about the year 1870. He was a young lawyer of brilliant parts and promising future. Mil- ton Cole, a member of this bar, was born in 1848, elected Mayor of the city in 1875, and again in 1877; was a man of quiet demeanor, with considerable legal ability. For a number of years before his death he suffered from a paralytic stroke, which incapacitated him. He died in 1894. J.
J. Hanna, a member of this bar and mayor of the city in 1870, removed from the city, and shortly thereafter died. J. F. Ogle- vee was a former member of this bar and partner of General Keifer, served as County Auditor from 1871 to 1874; there- after represented this county two terms in the Legislature, and was state auditor for a number of years, and is now a resi- dent of Columbus, engaged in manufactur- ing.
Frank C. Goode, son of Judge James S. Goode, was born in this city in 1853, ad- mitted to the bar in 1875, and died in 1887. He was a young man having many of the striking characteristics of his dis- tinguished father, and, had not death called him so soon, would no doubt have had a very distinguished legal career. Willis S. Walker, son of General Moses Walker, of Kenton, was for a short time a member of our bar. Afterward he was chief clerk in the secretary of state's of- fice under General Robinson. From there he went West, and died in the prime of young manhood. He was of studious habits, and, for his age, a very good lawyer.
John D. Burnett, who died in January, 1899, was a member of our bar, but for many years was not actively engaged in the profession. He is remembered as a kindly old gentleman who painstakingly and carefully looked after the interests entrusted to his care. John H. Thomas was admitted to the bar in 1851, but soon thereafter went into the manufacturing business, in which he acquired great wealth. In later years he mingled some in state politics, but held no important positions. Percy Norton, James Homan and Randolph Coleman, one time mem-
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bers of our bar, are now also engaged in bers of our bar in active practice, Gen- the more lucrative calling of manufactur- ing. George Frey, who was a member of the bar in 1852, and is yet alive and with us, was but a short time if ever an active practitioner. The venerable Thomas F. McGrew was for nine years an active member of the Steubenville bar, but never practiced here.
William D. Hill, later a Congressman in Northern Ohio, was at one time a mem- ber of our bar and mayor of the city in the early sixties. Charles Evans, who was afterward a Common Pleas judge in Cincinnati, and now a practicing member of that bar, was a member of our bar during the latter part of the sixties. There was also about the same time an attorney by the name of Jacob R. Mc- Garry, a member of our bar, who after- ward went to Cincinnati.
From the time of his admission, in 1868, until 1893, when he left for New York City, no one was better known at our bar than Edward S. Wallace, who was born in Kentucky in 1846 and came to Spring- feld in 1855. Mr. Wallace was a man of commanding presence, versatile in thought and action, popular in manner and de- meanor. His greatest force was in the criminal practice, where his fine appear- ance and great oratorical powers gave him more than ordinary success. He was a brilliant conversationalist, but not as care- ful and cautious in his habits as he might have been. He was at one time a Demo- cratic candidate for attorney general, aft- erward elected as an independent candi- date for mayor, and still later chosen by the Republicans of Clark County as their candidate for Congress.
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GENERAL KEIFER-Of the present mem-
eral Keifer is the oldest as well as the most distinguished. He is strictly a prod- uct of Clark County, born in Bethel Town- ship, January 30, 1836. Admitted to the bar in January, 1858; entering the Civil War in 1861, he rose to the rank of brevet major general of volunteers in 1865. In 1876 he was elected to Congress and there- after re-elected three times. In 1881 he was elected speaker of the House of Rep- resentatives. In 1898 he was appointed a major general of volunteers in the Span- ish War. While not engaged on the field of war or in the halls of Congress, Gen- eral Keifer was an active, energetic mem- ber of our bar, and still continues to be such. He never in his life knew what it was to be idle or take a vacation. A few years ago there was issued from the press a very creditable work of which he was the author, entitled, "Slavery and Four Years of War." He was an excellent sol- dier, an energetic legislator, a good law- yer, and in all respects ever was and still is a good citizen of our community. It is the wish of all that he may long continue to remain with us. On January 11, 1908, the bar gave a complimentary banquet to him on the fiftieth anniversary of his ad- mission to the bar.
A. P. LINN COCHRAN-Among the older members of the bar, perhaps it would be not unjust to mention the name of A. P. Linn Cochran. Mr. Cochran was born in Cumberland County, Pennsylvania, in 1836, came to our bar in 1859 and con- tinued thereat until 1907, a space of forty- eight years. Exceedingly courteous and gentlemanly in all his conduct with the court and the public generally, it could be said that no one stood higher in public
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estimation ; and when it was rumored that his dealings with his clients with respect to some estates that he represented had not been strictly according to legal ethics, everyone who knew him was shocked. However, charges were made and pre- sented to the court, Judge Allread of Greenville hearing the same, and finally Mr. Cochran was suspended from practice for two years. Soon thereafter he re- moved to Cincinnati, where he is now located. No one has ever been able to ex- plain satisfactorily why one of such high standing should have allowed himself to get into such a position.
T. J. PRINGLE was born in Clark County, near South Charleston, in 1838, was ad- mitted to our bar in 1864, and was prose- cuting attorney from shortly thereafter for seven years. No one was better liked by the members of the bar generally than Mr. Pringle. He was of fine appearance, affable and genial, and during his career at our bar was as well beloved for his kindly social qualities as any member who ever graced it by his presence. Mr. Pringle served two terms as State Sen- ator from our Senatorial District. He died in 1903.
GEORGE C. RAWLINS, a present, 'able, active, and energetic member of our bar, was prosecuting attorney from 1876 to 1880, and thereafter served with distin- guished honor for two terms in the lower house of the General Assembly. Walter L. Weaver served ten years creditably as prosecuting attorney, and from 1896 to 1900 was an able member from this dis- trict to the United States Congress.
CHASE STEWART served two terms as prosecuting attorney, from 1889 to 1895; and from 1895 to 1899 he served two terms
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