USA > Ohio > Allen County > History of Allen County, Ohio, and representative citizens, Part One > Part 29
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The county has a number of other banks of solid financial worth, doing an important business, an account of which will be found in the history of the towns in which they are located.
CHAPTER XII
BENCH AND BAR
Introduction-Lawyers of "Ye Olden Times"-Their Fun and Their Work -- John C. Spink -David A. Colerick and Others-"Good Count Coffiuberry"-Patrick G. Goode, Dis- tinguished Lawyer, Preacher, Congressman and Citizen-Emery D. Potter, Lawyer and Postmaster-J. M. May, the "Nestor" of the Bar-Hamilton Davisou-Mathias H. Nichols, Brilliant Lawyer, Scholar and Statesmau-Col. Lester Bliss, Legislator and Soldier-Benjamin F. Metcalf, Allen County's Noted Judge of the Early Days- Thomas M. Robb, Able Lawyer, Editor and Mayor-James Mackenzie, Distinguished Judge, Noted Scholar aud Patriotic Citizen-Isaiah S. Pillars, Legislator, Lawyer, Jurist aud Ohio's Distinguished Attorney General-Theodore E. Cunningham, His- torian, Lawyer aud Friend of the Cowmou People-Charles N. Lawisou, Brilliant Lawyer, Statesman, Soldier aud Jurist, and Orator of the Old School-Charles M. Hughes, Jurist, Soldier and Distinguished Citizen-Jacob S. Coukliu, Brilliant Scholar, Successful Lawyer, Couversationalist and Judge-James Savage Daniels, Pio- neer Lawyer aud County Commissioner-Allen County's Three Court Houses-The Bar of To-Day-A Loug List of Well-Educated, Successful and Brilliant Meu-The Allen County Law Library.
THE MAJESTY OF THE LAW.
The law has long been regarded as one of the learned professions. To fully understand and follow its intricate channels, explain its obscure provisions, and maintain its majesty, all the learning and integrity of the best men of the ages are required. Only when the high- est scholarship is coupled with integrity and energy, do we see the ideal lawyer.
Every principal of civilized life, and there- fore of progress, is based upon the ma- jority of the law. The majesty of the law can only be maintained by the integrity of judge and jury, and the faithfulness of the advocate. Honesty is no more a jewel in any profession than in the law. The widow's mite
and the vast estate of the millionaire, the re- ward of virtue and the punishment of vice, alike depend upon honesty in the execution of the law. Well has the blind goddess of justice been chosen as her symbol.
The reply of Justice Gray, of the Supreme Court of Massachusetts, to the young lawyer is significant : The young attorney had won the case of his poor client in his home courts, and won it upon its merit. The case was ap- pealed to the Supreme Court of the State, and when the young lawyer arrived upon the scene he learned that the opposition, with wealth at their command, had employed no less distin- guished talent than Hon. Benjamin F. Butler. The young man asked a postponement until his client could get equally as strong counsel.
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Justice Gray replied: "Young man, go on with your case. If you have justice on your side, you and I can beat all the lawyers in Massachusetts."
Human liberty depends upon the main- tenance of law, and he who seeks to degrade the law seeks to endanger life, liberty and hap- piness.
Wendell Phillips, the world's most eloquent advocate of human rights, and defender of the majesty of law, thus blasts the reputation of Rufus Choate, in his great fraternity lecture on "Idols," delivered in Boston, October 4, 1859:
"Suppose we stood in that lofty temple of jurisprudence, on either side of us the statutes of the great lawyers of every age and clime, and let us see what part New England-Puri- tan, educated, free New England-would bear in the pageant. Rome points to a colossal figure and says, 'That is Papinian, who, when the Emperor Caracalla murdered his own brother, and ordered the lawyer to defend the deed, went cheerfully to death rather than sully his lips with the atrocious plea ; and that is Ulpian, who, aiding his prince to put the army below the law, was massacred at the foot of a weak, but virtuous throne.'
"And France stretches forth her grateful hands, crying, 'That is D'Aguesseau, worthy, when he went to face an enraged king, of the farewell his wife addressed him-"Go! forget that you have a wife and children to ruin, and remember only that you have France to save." '
"England says, 'That is Coke, who flung the laurels of eighty years in the face of the first Stuart, in defense of the people. This is Selden, on every book of whose library you saw written the motto of which he lived wor- thy, "Before everything, Liberty!" That is Mansfield, silver-tongued, who proclaimed,
"Slaves cannot breathe in England; if their lungs Receive our air, that moment they are free."
" 'This is Romilly, who spent his life trying to make law synonymous with justice, and suc- ceeded in making life and property safer in every city of the empire. And that is Erskine, whose eloquence, spite of Lord Eldon and George III., made it safe to speak and to print.'
"Then England shouts, 'This is Choate, who made it safe to murder; and of whose health thieves asked before they began to steal.' "
LAWYERS OF "YE OLDEN TIMES."
In the early days of the administration of justice, there was not such a rush of business that pleasure was entirely crowded out. Most of the legal lights of those days had some ac- complishments, in addition to their silver- tongued eloquence at the bar, and the hours when out of court were whiled away with "quip and quirk and wanton. wile."
John C. Spink, of Wooster, was known as a great wag, as well as a fiddler of no mean ability. M. V. Way, of Perrysburg, and James G. Haley, an Irishman, added to the enjoyment of their colleagues. James Purdy, of Mansfield, is another early visitor to this circuit. Judge Hall was the wit of the early bar and could don the cap and bells with as much ease as he did the ermine. Judge Potter was the songster and shone when warbling such ditties as "Lord Lovel" and "Rosin the Bow." Andrew Coffinberry was a great vio- linist.
Among the disciples of Blackstone belong- ing here we find the names of David A. Coler- ick, Henry Cooper, Charles Johnson, Lucien P. Ferry, John H. Morrison, Judge Ewing, Judge Price, William H. West, Judge Wal- den, Lawyer Coombs, Judge John Morris, Henry Reed, H. L. Hosmer, E. Allen, Henry Bennett, S. B. Campbell, Judge Tilden, Gen- eral Hill, Moses B. Corwin, Jacob S. Conklin, John A. Corwin, Joseph S. Updegraff, John McSweeney and James M. Coffinberry.
Probably the most widely known of all the early members of the bar was Andrew Coffin- berry, a native Virginian, who came with his parents to Ohio in 1806. He was noted for his exquisite neatness in dress, and his refined manners. Because of his resemblance to Count Puffendorf, and his exceeding kindness to the younger and less experienced members of the bar, he obtained the sobriquet of "Good Count Coffinberry," and "Count" Coffinberry is well known where Andrew has never been heard of.
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His circuit extended from Mansfield to Lake Erie, and west to the Indiana and Michi- gan State lines. This circuit was made on horseback and took weeks for its accomplish- ment.
Mr. Coffinberry practiced continually from the time of his admittance to the bar in 1813, to within a few days of his death, which oc- curred May II, 1856, making almost half a century of the law. A man of rare endow- ments and marked characteristics, he left a lasting impress on his age. His son, James M. Coffinberry, also practiced in our courts, and was a worthy son of his illustrious father.
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Patrick Gaines Goode, lawyer, Congress- man, and Methodist preacher, was born in Charlotte County, Virginia, May 10, 1793, and died October 7, 1862. He was named for Patrick Henry, who was a friend of his father. His father, Warren Goode, emigrated to Warren County, Ohio, eight miles south of Xenia, in 1805. He purchased land here, but in 1814 he moved to Xenia for the purpose of educating his family. Patrick worked on the farm until he was 16 years old, when he left it with regret. He commenced his edu- cation with Professor Espy, who conducted a classical school at Xenia; he remained at the Professor's academy nearly three years, when Professor Espy moved to Philadelphia. Young Goode accompanied him and in the new insti- tution acted as pupil and tutor. After re- maining two years in Philadelphia, he removed to Lebanon, Warren County, where he com- menced the study of the law under Judge Col- lett.
At the age of 23 he was admitted to the bar at Lebanon. This was the strongest bar in the State, composed of Thomas Corwin, Judge Collett and others equally great. In 1828 he removed to Sidney, where he taught school for a time, as there was little oppor- tunity for law business. In 1832, he was ap- pointed State Sabbath-school agent, to travel in Shelby and the counties north of it for the purpose of establishing Sunday-schools. To this work he devoted himself with assiduity, and won the lasting friendship of all with whom he came in contact.
He was prosecuting attorney of the Lima district in 1833 .. In the same year he was elected to the Lower House of the Legislature from the counties of Darke, Shelby and the then other organized counties to Lake Erie and was re-elected the next year. He was a candidate for the Senate in 1835, but there having been some trouble over the office he declined it. The next year he was elected by a large majority to Congress in the district ex- tending from Dayton to Toledo. He was re- elected in 1838 and 1840 and until the terri- tory was redistricted, when he declined being a candidate.
While a Member of Congress he labored unceasingly for his constituents, and is said to have done more for the improvement of the Maumee Valley than any other person. In 1844 he was elected presiding judge of the 16th Judicial Circuit, composed of Allen, Shel- by, Mercer, Hardin, Hancock, Putnam, Pauld- ing, Van Wert and Williams counties. To these Defiance County was afterward added. This position he held for seven years or until the district was remodeled. After this he con- tinued at the bar but a few years, becoming in 1857 a Methodist minister. In 1862 he over- worked himself at a conference held at Green- ville, and returning home died two weeks after- ward.
Judge Goode on July 3, 1822, married Mary Whiteman, of Greene County. Two children are living: Mrs. Catherine McCul- lough, of Sidney, and Benjamin W. Goode, of Franklin, Ohio.
James Goode was a fine classical scholar and a great lover of books, not restricting him- self to the purchase of law books only, but extending his researches into other fields. He gained the favor of court and jury by his can- dor and his singularly persuasive and winning manner of address. He possessed an uncom- mon knowledge of human nature, and his early and thorough training in jurisprudence, coup- led with this quality, made him one of the most successful lawyers of his time. He was as lawyer, legislator or preacher the best in his. particular line. Whatever he did, he did with his whole mind and gave it his undivided at-
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. tention. Judge Goode's old home in Sidney is the site to-day of the beautiful home, "Whit- by Place," of W. H. C. Goode (of the Sidney Steel Scraper Company), one of Sidney's most honored citizens.
Emery D. Potter was born in Providence, Rhode Island. When two years old he was taken by his parents to Otsego County, New York. He studied law in the office of John A. Dix and Albert Cook, Jr., at Cooperstown and was admitted to practice in the Supreme Court of the State two years afterward. In 1835 he moved to Toledo, at which place he was appointed postmaster, the second man to hold that office in the town. After finishing his term as postmaster, he was appointed judge of the 13th Judicial District. In 1843 he was elected to Congress as a Democrat from a strong Whig district by a large ma- jority. He remained through that Congress, closely attentive to his duty and quickly mak- ing himself a leader. He was one of the select committee charged with the duty of devising a plan to carry into effect the will of Mr. Smithson who founded the Smithsonian Insti- tution.
In 1845 he was chosen mayor of Toledo, a position he held three successive terms. From his youth he was a great lover of field sports, and is said to have killed more deer than any other man of his time in the State. He retired in 1875.
J. M. May, who was known in his later years as the "Nestor" of the bar, was in the early days noted as a player on the trombone, and combined with his musical ability all the requirements of the just judge. He was a fine advocate, as well as an able chancellor lawyer, and during a long life always main- tained his high character as a good citizen and an honest man.
Among the resident members of the bar who achieved distinction were: Judges Met- calf, Mackenzie, Hughes and Robb; C. N. Lamison, S. A. Baxter, Isaiah S. Pillars, T. E. Cunningham, M. H. Nichols, Hamilton Davison, Lorin Kennedy and Col. Lester Bliss.
Hamilton Davison bears the distinction of being Lima's first resident attorney, having settled here in 1832. He was active in for- 12
warding the interests of the young town. He is on record as surveyor of many of the first established roads, and his name occurs on many of the titles to real estate as notary pub- lic. Mr. Davison was a man of good morals, a fine counselor and a cultivated gentleman. Mrs. Davison was a woman of intelligence and refinement, beloved by all who knew her. There were two children, who died suddenly at the age of 16, and Emma, who is now Mrs. Strong, of Defiance.
One of the most brilliant lawyers that ever graced the bar of the county was Mathias H. Nichcl, who rose from obscure poverty to the position of one of the foremost men of this. part of the State, and who ended his full life at the age of 37, a time when men are but be- ginning their careers. Mr. Nichols came to town in 1845, worked as a printer for a time, but soon brought out the paper called the Argus, selling his vest, the only one of his garments that had a market value, in order to buy paper on which to print his first issue. He soon developed that won- derful power over men which placed him at the head of affairs in this region and sent him to Congress at the early age of 27 years. Mr. Nichols was elected to Congress the first time by Democrats; the second time he ran inde- pendently, but was supported by the votes of what is now the Republican party and by many Democrats, whose attachment to the man was greater than to their party. He was elected on the Republican ticket for a third term, but was defeated the fourth time he ran by but 72 votes. Mr. Nichols was prosecuting attorney in 1851, which position he resigned to enter Congress. After leaving Congress in 1859, he resumed the practice of the law and con- tinued it until the breaking out of the war in 1861, when he volunteered among the very first, and was elected captain of the first com- pany that went into the service from Allen County. At the end of three months he re- tired to civil life, but when Kirby Smith threat- ened Cincinnati in the fall of 1862, he volun- teered as a private in the "Squirrel Hunters'" demonstration for the protection of the city, and while there died of dropsy of the heart.
March 23, 1847, Mr. Nichols married Syl-
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via Fisher. There is but one of his five chil- dren living-Danton H., of Eddy, New Mex- ico. Mr. Nichols was an able lawyer, a man of general and varied information; he held high positions and maintained his character as a public representative with honor to him- self and to his district. . He possessed wonder- ful personal magnetism and there was probably no man in the country who was more highly esteemed and honored than he.
Col. Lester Bliss was born in Cooperstown, New York, August 17, 1817. His father, Dr. David Bliss, a native of Vermont, removed from Cooperstown in 1818, and settled in what is now Marion County, Ohio. Colonel Bliss ob- tained a liberal education at the Fredericktown High School, and completed a good classical and literary education at Granville College. He studied law and was admitted to the bar of Ohio at Marion in June, 1841. In August following he located in Lima, where he car- ried on an active practice for several years. He served as prosecuting attorney for the county for one term and declined a subsequent nomination for that office. In 1852, Colonel Bliss was elected to represent Allen County in the Legislature, it being the first represen- tation of the county under the new constitu- tion. He declined the nomination for Lieu- tenant Governor. In August, 1862, he volun- teered his services in defense of the Union. In the spring of 1864, he was commissioned a lieutenant-colonel, and did active service until his resignation. Colonel Bliss was the first mayor of Delphos.
Benjamin F. Metcalf, by many considered the greatest of Allen County's lawyers, was born in Miami county in 1818, being next to the youngest of 10 children. He learned, while a mere boy, the trade of tailor and studied law while working at his trade. With book propped up before him he stitched and studied at the same time. In his case we have a beautiful example of the survival of the fittest, as the strongest side came up and a tailor was spoiled to make what was to be our greatest judge.
He moved to Shelby County, where he re- mained but a short time, going from there to Kalida, in Putnam County. At one time he
taught school, as did so many of our great men, before and since. In 1848 Mr. Metcalf was elected a member of the State Legislature and soon after moved to Delphos, then in the same county. While residing in Delphos he was editor of the Section Ten Budget.
He was elected to the common pleas bench in 1851, and soon after moved to Lima, where he resided until his death, which occurred Feb- ruary 27, 1865. At the time of his death he was serving his third judicial term. Judge Metcalf was distinguished for his remarkable ability in disposing of questions upon what he called "original principles." He ignored pre- cedent largely, and had no patience with legal technicalities. He was a man of fine mind and noble heart, a just judge and firm friend.
This notice we take from an old scrap- book :
"The bar of Allen County met in the office of Isaiah Pillars. Hon. T. M. Robb was called to the chair and T. E. Cunningham was ap- pointed secretary. Messrs. Mackenzie, DePuy, Lamison and Pillars were appointed a commit- tee on resolutions." These have all appeared at the bar of eternal justice.
Thomas M. Robb was born in Washing- ton County, Pennsylvania, October 25, 1812. His father came to Guernsey County, Ohio, in 1815, bringing his family with him. Mr. Robb, the subject of our sketch, learned in Guernsey County the trade of printer, and tramped the country over, going to Cincin- nati, Zanesville, Philadelphia, Baltimore and minor points.
He eventually returned to Logan County, where, in 1856, he edited the Western Aurora of Bellefontaine. In 1842 he edited the Gazette of Marysville, Union County, Ohio, and in the same year was editor of the Logan Democrat. In 1844 Mr. Robb was appointed clerk of the Court of Common Pleas of Logan County, which office he filled for seven years. He was later appointed postmaster of Bellefontaine and served several years.
In 1853 he was admitted to the bar of Allen County, having studied under Judge William Lawrence, and formed a partnership with C. N. Lamison of Lima, which partner-
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ship lasted until 1856, when he was elected probate judge, which position he held for six years. He then resumed the practice of his profession for nine years and then the firm of Robb, Hughes & Robb was formed, of which he was the senior partner. In 1873 Mr. Robb left to serve a term in the State Legislature. It was while at Columbus that he was stricken with paralysis in 1874.
In 1854 Mr. Robb edited the Lima Argus for a year. In 1856 he acquired control of the People's Press, which was the old Argus with its name and politics changed, and made it the successor of the Argus politically, conduct- ing it with marked ability until its sale to John P. Haller.
Mr. Robb was at one time mayor of Lima, and was for some time chairman of the Demo- cratic County Committee, being a very popular and prominent man in his party.
In 1860 Mr. Robb united with the Pres- byterian Church of Lima. His marriage with Ann Moore took place July 31, 1835. Mrs. Robb was the daughter of James Moore, of Washington County, Pennsylvania. They were the parents of eight children : Edward L., Josephine Mary (Armstrong), Thomas B. (deceased), Theodore D., Caroline (de- ceased ), Anna C. (Carnes), John M. and Frank R. Mr. Robb died in 1879.
James Mackenzie was born in Scotland, July 14, 1814. His father, William Lyon Mackenzie, a distinguished patriot and mem- ber of the Canadian Parliament, was the grandson of a Highland captain, Donald Mac- kenzie. In 1837 James Mackenzie, then an enthusiastic young man, aided the Canadian rebellion against England; but being defeated in his patriotic efforts, he abjured all allegi- ance to the British government and became a citizen of the United States, with Ohio as his future home.
Under the preceptorship of Governor Reu- ben Wood, and more especially of Messrs. Bishop and Backus, of Cleveland, he entered upon the study of the law. He was admitted to the bar and in 1843 commenced practicing.
For a while Mr. Mackenzie was editor and publisher of the Kalida Venture, and also of
the Allen County Democrat. He served as township clerk in Henry County; was a mem- ber of the School Board in Putnam County, and served as school examiner in Lima. As prosecuting attorney, he served three separate counties-Henry, Putnam and Allen. In 1865 he was elected common pleas judge to fill the unexpired term of Judge Metcalf, deceased; he was re-elected for a full term in 1869, and again in 1875. Judge Mackenzie was married in 1864 and had two sons and five daughters. During the time that he occupied the bench he presided with dignity, and his judgments always showed a love of justice and legal acumen. He was a hater of slavery, a warm friend of the Union and was always prominent in the councils of the Democratic party.
Isaiah S .. Pillars was born in Jefferson County, Ohio, March 17, 1833. At the age of 16 he commenced teaching school, and soon fitted himself for an academic course, begin- ning in the Seneca County Academy, and fin- ishing at Heidelberg University at Tiffin.
Mr. Pillars commenced to practice law in Lima in 1855. In 1861 he was appointed com- mander of Camp Lima by Governor Tod, with rank of colonel; and under him the 99th, 118th and Sist regiments were organized. In 1866 Mr. Pillars was elected prosecuting attorney and in 1868, presidential elector. In 1871 he was elected Representative, but declined a sec- ond term. While in the Legislature, Mr. Pil- lars resisted the proposed measure for levying taxes for the purpose of railroad construction, the wisdom of which course was sustained by supreme court decision. He was also author of a minority report in favor of the abolition of capital punishment. He was elected Attor- ney General by the Democracy in 1877. The death of Mr. Pillars occurred in 1895.
Theodore E. Cunningham, for many years one of the prominent attorneys of Lima, was born in Wayne County, Ohio, October 31, 1830. His paternal ancestors were Scotch- Irish, and his mother, whose maiden name was Ewalt. was descended from Huguenots of that part of France bordering on the Rhine. His parents, both of whom were Pennsylvan- ians, moved to Oliio in 1802. Mr. Cun-
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ningham was apprenticed to a printer when 16 years. old, and worked three years on the Kalida Venture, edited by James Mackenzie. During this time Mr. Cunningham had access to the very fine library of the editor, and made the best of his opportunities. He left Kalida and became associate editor of the Argus at Lima. Mr. Cunningham studied law with Nichols and Waldorf and in 1855 was admit- ted to the bar. He soon acquired the reputa- tion of being an active, industrious and pains- taking lawyer, a captivating speaker and a most successful jury advocate.
He was a firm believer in the Ordinance of 1787, and the Wilmot Proviso. During the campaign of 1854, he edited the People's Press, a leading exponent of the Free Soil movement. During the Civil War, Mr. Cun- ningham served as commissioner of the Board of Enrollment, and later discharged the duties of assessor of internal revenue with fearless impartiality and strict uprightness. He was elected delegate to the Philadelphia conven- tion of 1866; and in 1873 was elected from Allen County as a member of the Ohio State Constitutional Convention. In this conven- tion he most ably represented his constituents, although he argued for a lost cause.
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