USA > Ohio > Hamilton County > Cincinnati > Cincinnati, the Queen City, 1788-1912, Volume II > Part 20
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Spencer had long occupied a leading place and enjoyed a lucrative practice at the Cincinnati bar, and William Y. Gholson had achieved a professional reputation hardly second to any lawyer in the state. A Virginian by birth and a graduate of Princeton, Judge Gholson had practiced for a time in the state of Mississippi, but came to Cincinnati while yet a young man. His keen logical intellect, joined to his power of accurate statement, soon made his influence felt at the bar, and it was not long before he had gathered round him a profitable clientage.
Judge Spencer has been said to have had a genius for the law, and especially for the judicial field. All his contemporaries speak of him in terms of admiration. He is said to have been especially broadminded, equitable and considerate, as well as deeply read in the law, and possessed of acute powers of discrimination. He was a native of Cincinnati, his ancestors having been among the first settlers, and one of them is said to have been scalped by the Indians in one of their raids upon the infant settlement. Judge Spencer was reelected a judge of the Superior court in the year 1859 and died in office in 1861.
Perhaps no man ever sat on the bench in Hamilton county who made a deeper impression than Bellamy Storer. His long term of service on the bench, nearly eighteen years, combined with his mental and physical vigor, made him known to the people and the bar as few other judges have been. Judge Storer graduated at Bowdoin college and came to Cincinnati in the year 1817. Coming to the bench in the maturity of his powers, and after a long and varied experience at the bar, he was prepared to and did render great service, especially in the disposition of the miscellaneous questions that arise in a busy nisi prius court. He was four times elected to the position, and, resigning his office January 1, 1872, died soon afterwards.
The first of the three original judges to leave the bench was Judge Gholson, who took his departure at the end of his term of five years. He afterwards served a term as a judge of the Supreme court of Ohio, and it is but just to say that his reported decisions rank with the best opinions published by that court. Judge Gholson afterwards returned to the practice, in which he continued with much success to the time of his death.
He was immediately succeeded by another famous lawyer, George Hoadly, who, after serving out his term of office in 1864, returned to the bar and achieved great success.
In 1864 Alphonso Taft was chosen by the people to succeed Judge Hoadly on the bench of the Superior court, and he too brought to the discharge of his duties qualities of the highest order. He seemed to have been formed by nature to fill a judicial position. Of broad, clear comprehension, deeply learned, painstaking and accurate, kindly and charitable, deliberate in speech and action, yet as firm as his native granite hills, he seemed to lack no quality necessary to the discharge of his duties in the most successful manner, and his career on the bench justified this opinion. He served for about nine years in such a manner as to elicit only good words from the bar and the public, and resigned January 1, 1872, at the same time as Judge Storer.
J. Bryant Walker, son of a distinguished father, Timothy Walker, and a junior member of the bar, of great promise, whose early death has been much lamented, was appointed to fill the vacancy occasioned by Judge Taft's resignation, and held
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the place until the ensuing election, when Alfred Yaple was chosen by the people to the position.
Judge Yaple had the profound respect of the community, which was shown in a striking manner in the year 1874, when he was reelected without opposition. The republican party, to which he was opposed, paid him the compliment of de- clining to nominate a candidate against him. At the end of his term in 1879 he returned to the bar, where he continued in practice until his death in the year 1893.
The regular election in 1879 designated as the successor of Judge Yaple a ris- ing young man who has since acquired a national reputation. Joseph B. Foraker took his seat upon the bench in that year and began the performance of his duties with characteristic energy. A graduate of Cornell, with a good deal of varied ex- perience acquired during his practice at the bar, he brought to the bench a strong sense of right, quick and clear perceptions, and strong reasoning powers. While in good health his service was very satisfactory to the bar; but the confinement of judicial life soon began to wear upon him and his health failed, so that he re- signed his position in 1882 and returned to the more active life at the bar, where he was speedily restored to health and strength.
The vacancy caused by Judge Foraker's resignation was filled by the appoint- ment of William Worthington, who served very acceptably until the ensuing election.
Hiram D. Peck was chosen in 1883 for the residue of Judge Foraker's term, and took his seat upon the bench. He was reelected in 1884 and served out his term, ending in 1889, when, declining a renomination, he returned to the practice in which he met with much success. Judge Peck was succeeded by Governor Edward F. Noyes, who served until the following summer, when he suddenly died and John Riner Sayler was appointed to fill the vacancy until the next election (1891), when Judge Rufus B. Smith, was chosen by the people and ably filled the position until the year 1904 when he declined a reelection and was succeeded by the present incumbent Judge Hoffheimer.
The second vacancy on the bench of the superior court was caused by the death of Judge Spencer in the year 1861, and it was filled by no less a personage than Stanley Matthews, of whom it is said that he was elected while serving in the army as a colonel of Ohio volunteers, and that he returned home to take his seat on the bench. The short period which he served as a judge of the superior court was sufficient to indicate the high class of judicial work of which he was capable and his early resignation was a matter of general regret.
Charles Fox, a practitioner of many years' experience and much respected, succeeded Judge Matthews and served out the term, which expired in 1869. He afterwards returned to the bar, and lived to be its senior member.
Judge M. B. Hagans was in 1869 elected to the position vacated by Judge Fox, and served until 1873, when he resigned to return to practice, from which he retired some years since.
The successor of Judge Hagans was Myron H. Tilden, celebrated for pro- found learning and for many years a professor in the Cincinnati Law School. He was especially noted for his knowledge of equity jurisprudence and procedure. He served until the year 1878, when he retired in broken health.
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Judson Harmon, then in the flush of young manhood, succeeded to the office and continued on the bench, rendering valuable service, until 1887, when he re- signed to become the head of the firm which had theretofore been led by Judge Hoadly, who removed to New York. Judge Harmon was as successful at the bar as on the bench, and was appointed attorney-general of the United States by President Cleveland during the latter's second term. He was subsequently elected and reelected governor of the state under circumstances which served to show his great popularity.
William H. Taft was the successor of Judge Harmon on the bench of the superior court, and continued thereon until the year 1890, when he resigned to accept the position of solicitor-general of the United States, from which he was further promoted to that of judge of the United States circuit court for the sixth circuit. His great subsequent career is a part of our national history of which his native city is very proud.
The vacancy caused by the resignation of Judge Taft was filled by the election of Samuel F. Hunt, whose popularity was further attested by his reelection in 1893. He was succeeded in 1898 by Edward J. Dempsey, who served with great success and was afterwards elected mayor of the city.
The last of the three original judges of the superior court to leave the bench was Judge Storer, who resigned January 1, 1872, after a continuous service of nearly eighteen years.
John L. Miner, an old and well known member of the bar, and a former partner in practice with Judge Gholson, was appointed to and filled the vacancy until the next election, when Timothy A. O'Connor was elected by the people and took his seat upon the bench, where he remained until 1877, the expiration of his term. During a large part of his term of office Judge O'Connor was troubled by ill health.
Manning F. Force succeeded Judge O'Connor. He brought to the bench a capacity, training and experience rarely combined in one person. A graduate of Harvard, he came to Cincinnati soon after leaving college and began the practice of law. At the outbreak of the Civil war he entered the army and rapidly rose in rank until he attained that of major-general. He participated in the Vicks- burg and Atlanta campaigns and led his division on Sherman's march to the sea, besides seeing a good deal of other hard service. He was severely wounded at Atlanta, but returned to the army as soon as he recovered, and remained with it until the close of the war. Soon after his return home he was elected a judge of the Court of Common Pleas of Hamilton county, and continued on the bench of that court for a period of ten years. After a brief interval Judge Force was elected to the superior court where he remained for two terms. He received the compliment of a unanimous reelection in 1882, the Democratic party declining to nominate a candidate against him. To the regret of the entire profession Judge Force left the bench in 1887 because of failing health. A few months at the bar served to restore him to good condition, but he was not permitted to remain long in practice. At the earnest request of the board of trustees, of Governor For- aker, and many friends, he accepted the position of commandant of the Ohio Soldiers' and Sailors' Home, to which he was appointed in the year 1888 and where he afterwards died.
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Frederick W. Moore was elected to take the place vacated by Judge Force in 1887. He, too, had been a distinguished officer in the army during the Civil war, rising to the position of colonel of the Eighty-first Ohio volunteers, and after the war was appointed to a position in the regular army, which he subsequently resigned to return to the bar. Prior to his election to the superior court he had served two terms as judge of the Court of Common Pleas. He was reelected to the superior court in 1892, and retired at the end of his term in the year 1897, to be succeeded by William H. Jackson, son of the late Justice Jackson, of Ten- nessee, who served until the expiration of his term in 1902 when he was suc- ceeded by the present incumbent, Frederick S. Spiegel.
JUDGES OF THE SUPERIOR COURT OF CINCINNATI. FROM ITS ORGANIZATION TO THE PRESENT TIME.
William Y. Gholson, 1854-1859; George Hoadly, 1859-1864; Alphonso Taft, 1864-1872 ; J. Bryant Walker, 1872; Alfred Yaple, 1872-1879; Joseph B. Foraker, 1879-1882 ; William Worthington, 1882-1883; Hiram D. Peck, 1883-1889; Ed- ward F. Noyes, 1889-1890; John Riner Sayler, 1890-1891 ; Rufus B. Smith, 1891- 1904; Harry M. Hoffheimer, 1904 -.
Oliver M. Spencer, 1854-1861 ; Charles D. Coffin, 1861-1862; Stanley Mat- thews, 1862-1863; Charles Fox, 1863-1868; Marcellus B. Hagans, 1868-1873; Myron H. Tilden, 1873-1878; Judson Harmon, 1878-1887; William H. Taft, 1887-1890; Samuel F. Hunt, 1890-1898; Edward J. Dempsey, 1898-1903; Lewis M. Hosea, 1903-1908; Alberto C. Shattuc, 1908 -.
Bellamy Storer, 1854-1872; John L. Miner, 1872; Timothy A. O'Connor, 1872-1877; Manning F. Force, 1877-1887 ; Frederick W. Moore, 1887-1897; Will- iam H. Jackson, 1897-1902; Frederick S. Spiegel, 1902 -.
THE COURT OF COMMON PLEAS.
The popular court with the people of Ohio has always been the court of Com- mon Pleas. By reason of its great jurisdiction covering every sort of case, civil and criminal, its popular organization and close contact with the people generally, it has always maintained a strong position and has been regarded with affection by the people of the state.
Under the first constitution of Ohio the court of Common Pleas consisted of a presiding judge and three associate judges, who sitting together performed the duties of the court. The presiding judge was chosen from the bar and presump- tively learned in the law, but the other judges were chosen from the community at large and might or might not have any special knowledge of the law. They were usually men of solid worth and perhaps with some experience in adminis- tration of other offices and public affairs generally. Their presence as members of the court was supposed to bring an element of common sense and equity which served to modify the severe technical rules of the law. However, it did not seem to be satisfactory and the system was abolished by the constitution of 1851 and the present system, with a single judge, almost invariably chosen from the bar, was substituted and has proved satisfactory.
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Among the judges of the old regime, were George P. Torrence, who served as presiding judge for some twenty years in the early days of the city's history, and later William B. Caldwell, who served so satisfactorily that he was subsequently elected to the supreme bench from which he retired to conduct a successful prac- tice of law for a long time and became one of the leaders of the bar especially noted for his power of advocacy. He had a great sense of humor and a turn of wit which made him a very acceptable speaker and a very formidable antagonist in the trial of causes. His good natured kindliness and friendly disposition toward all men were as well known as his legal capacity.
Among the men who served as judges in the court of Common Pleas of Ham- ilton county since the adoption of the present constitution, a number have espe- cially distinguished themselves. Among these was M. W. Oliver, a graduate of Miami university, much distinguished for learning and uprightness. Another was Patrick Mallon, one of the best loved men of his time, a native of Ireland who came to Cincinnati in 1845, studied law with Judge Alphonso Taft, and afterwards practiced in partnership with him. Later he served as a judge of the Court of Common Pleas, where he was distinguished for his love of justice and his discrimination in administering it, his clear perception of legal principles, and his benevolence and kindliness. At the end of his term of office he resumed the practice of the law, which he carried on with much success to the time of his death. He was especially distinguished as an advocate in jury trials, where his candor, wit and eloquence combined to win him many a verdict. Many of his happiest hours were passed at the Literary club, where he often revelled in the .poetry and humor of his native as well as his adopted land.
William L. Avery, served as judge from 1872 to 1882 in a most acceptable manner. He had a great knowledge of the law, excelled in analysis and the power of applying legal principles to the facts of a case. He had a general sound- ness of judgment which led to great results. Few men have left the bench with greater regard of the legal profession than did Judge Avery. His name was a synonym of courage, honesty and ability.
Manning F. Force, who also served as a judge of the superior court and a short notice of whose life is given in that connection. It should be said here, how- ever, that Judge Force first demonstrated his judicial capacity as a judge of the Common Pleas court.
Charles C. Murdock, who served several successive terms and was renowned for his application of common sense to the solution of legal questions.
Moses F. Wilson, a graduate of Miami, was a student of law with Aaron F. Peary. He was successively elected prosecuting attorney of the police court, judge of the police court and judge of the court of common pleas, under such circumstances as to demonstrate his great popularity and he discharged the duties of all those offices in such a way as to add to the regard in which he was held by the bar and the people. He was widely read in the law and with a great knowl- edge of human nature. His judgments largely consisted of his application of legal principles to the facts before him illuminated by any kindly and charitable con- siderations which could legitimately be brought to bear. No one. could deal out swift punishment to the willful criminal more promptly than he and no one had more consideration for erring and fallen humanity. A wide reader of
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general literature in various languages, Judge Wilson is known as a man of ex- traordinary culture and his judgment in literary matters as well as of men and matters in general is highly regarded by all who know him.
As a speaker on social occasions, he is famous by reason of the wit and humor which he infuses into his efforts and is always in demand on such occa- sions. After his retirement from the bench, Judge Wilson suffered the loss of his eyesight so as to be compelled to give up practice, but he now very acceptably fills a chair at the law school.
John Riner Sayler was a graduate of Miami and subsequently a student in Hei- delberg, Germany, and at the Sorbonne. He came to the bar unusually well pre- pared for the practice of his profession. In the year 1890, he was appointed judge of the superior court in Cincinnati by the governor of Ohio to fill a vacancy created by the death of Ex-Governor Noyes and held the position for about one year until the next election. Soon afterwards he was elected a judge of the court of common pleas and served a term in that position to the great acceptance of the bar and to the people. He then returned to the practice of law which he has con- ducted with great success. He occupies a chair at the law school where his pop- ularity is great and is also one of the trustees of the Cincinnati & Southern Ry., which is a position of great responsibility, the duties of which he discharges with such fidelity and success as to constitute his efforts an example to others.
Judge Sayler is a man of great learning, profoundly read in the classics. He has continued the study of them throughout his life as also of modern litera- ture so that few men can be found who are more cultured than he. It does not come within the scope of this work to speak of the present incumbents of the bench but it is sufficient to say that there are among them, men quite competent to carry forward the great tradition of the court of common pleas.
The judges of the court of common pleas now are: John A. Caldwell, James B. Swing, D. D. Woodmansee, Jacob Bromwell, John G. O'Connell, William L. Dickson, Charles J. Hunt, Frank M. Gorman, Wade Cushing.
THE CINCINNATI LAW LIBRARY.
The need of a law library seems to have been experienced at an early date in Cincinnati, for a special charter was obtained in the year 1834 for the in- corporation of the Cincinnati Law library, but with that effort the energies of the promoters seem to have been exhausted, for no organization was ever ef- fected under the charter and nothing was done until the year 1846, when a meet- ing of the bar was called in the courtroom of the old Superior court, and a resolu- tion adopted that efforts should be made to create a library. A committee of five, consisting of William R. Morris, Daniel Van Matre, W. M. Corry, Alphonso Taft and George E. Pugh was appointed to devise a plan of procedure and raise money for the purpose. A subscription paper was circulated among the mem- bers of the bar, each of whom pledged himself to the payment of twenty-five dollars. It was signed by one hundred and seven members of the bar, a very large proportion of the then membership. The first purchase of books was made in January, 1847, and Bernhard Bradley was appointed librarian. A large book- case was procured and placed at the right of the entrance to the court of common
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pleas, and in this case was placed the entire library so obtained. In 1847, an- other act of incorporation was taken out, and under it trustees were elected and a permanent organization effected. William R. Morris was made president, Oliver M. Spencer, vice president, and Daniel Van Matre, treasurer. In 1848, A. A. Pruden was appointed librarian to succeed Bernhard Bradley, who held the office until the burning of the courthouse in 1849. Immediately after that, Joseph Macdougall became librarian and held office for one year. On the first of De- cember, 1850, John Bradley was appointed librarian and continued in the posi- tion until 1861, when he died. Maurice William Meyers was then appointed librarian and continued in office and in active discharge of his duties until his death in the year 1899. It is not probable that any official connected with the courts made such an impression on the bar as did Mr. Meyers. Always active and vigorous, always pressing the interests of the library, his wit and humor, as well as his efficiency, made him a marked man. In a report published in the year 1875, it was said of him: "The good condition and orderly arrangement of our books and our slight loss of books, the decorum and scrupulous neatness, and the extension and constant improvement of our rooms have been largely owing to his intelligent, watchful and conscientious care of our interests." No book went out of the library without Mr. Meyer's knowledge, and he was always insistent upon the maintenance of quiet and decorum. Any loud talking in the library was sure to call for a remonstrance from him, and many a member can recall instances where the librarian has requested members seated at the tables to re- move their hat's. As a result of his insistence, the library was always as neat as a well kept drawing room and as decorous, nor is it any less so under the present incumbent. At the death of Mr. Meyers, Mr. Edwin Gholson was appointed, and has ever since discharged the duties of the office to the great satisfaction of the bench and bar. In the meantime the library has grown to large proportions although it twice suffered from the destruction of the courthouse by fire. In 1849 the burning of the "old" courthouse caused a loss of all the furniture, but the books were saved, mainly due to the efforts of Bernhard Bradley. In 1884 the library was considered one of the most complete law libraries then existing in this country. It was totally destroyed by the burning of the courthouse at the time of the great riot in that year. But a single volume of the more than twenty-five thousand in it remained after that event. The officers and members were at first stunned by the completeness of the destruction, but they soon rallied, and at a meeting held shortly afterwards, each member agreed to an assessment of one hundred dollars, all of which was subsequently paid, and as there were then some two hundred and fifty members, the fund was sufficient to found the library anew upon a broad basis. The insurance companies paid some insurance which had been taken out on the library destroyed and donations were received, so that in a surprisingly short time there was an excellent working library in the courthouse, and it has gone on increasing since that time until it is now much larger than ever before.
As the federal courtrooms were far from the county courthouse, it was deter- mined by the federal judges sitting at Cincinnati to establish a library for the use of themselves and the bar of those courts. It was ordered that the fees received from admissions to the bar and certain other funds be expended for the
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purchase and care of books, a large room in the federal building was set aside for the purpose and a competent lady secured as librarian. The result to date is a fine collection of well kept books including a full set of American reports, the principal English reports and a large number of text-books, statutes, and miscel- laneous works-so that the Cincinnati bar now has access to two good law libraries.
THE LAW SCHOOL OF CINCINNATI COLLEGE.
One of the agencies which contributed to maintain the high standard to which the Hamilton county bar long since attained, has undoubtedly been the law school. It has the good fortune to number among its faculty some lawyers of great learning who are also painstaking instructors.
In its seventy-eight years of existence it has turned out nearly four thousand lawyers, many of whom have doubtless passed away, but a large number of them are scattered over the country and are still in active practice.
In the year 1819, an act of the general assembly incorporated "the president, trustees and faculty of the Cincinnati College" and in 1834-5 by the efforts of Dr. Drake and others, two departments, a medical school and a law school were es- tablished. The medical school soon passed away from want of support, but the law school continued and flourished from that day to this. The first professors were, Judge John C. Wright, Edward King and Judge Timothy Walker. To the latter a large part of the success of the school is attributed. He continued his connection with it until his death in 1856 and at times it is said he was the only instructor present.
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