History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley, Part 153

Author: Caldwell, J. A. (John Alexander) 1n; Newton, J. H., ed; Ohio Genealogical Society. 1n
Publication date: 1880
Publisher: Wheeling, W. Va. : Historical Pub. Co.
Number of Pages: 728

USA > Ohio > Jefferson County > History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley > Part 153
USA > Ohio > Belmont County > History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley > Part 153

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

442

HISTORY OF BELMONT AND JEFFERSON COUNTIES.

holding public office. His last visit to Steubenville was in the fall of 1868, when he addressed a large public meeting on Sep- tember 25th of that year in favor of General Grant for the Pres- idency. On December 20, 1869, he was nominated by President Grant as associate justice of the Supreme Court of the United States and was immediately confirmed by the Senate, but he was never to take his seat, dying on December 24th, after a brief ill- ness from dropsy, before his commission was made out. Thus passed away one of the greatest men the country has ever pos- sessed. Of his ability, integrity, energy and inflexibility of resolution none doubted, and if at times he seemed stern to those with whom he came in contact it must be remembered that those were times and scenes calling for sternness and resolution. His ear was always open to the tale of distress and hardship; his affection for his native place remained until the last, and many a private soldier, as his relatives especially from his own city can testify to his acts of kindness, bespoke a warm and sympa- thetic heart. Certainly among the people of Steubenville and Jefferson county the name of Edwin McMasters Stanton will always be held in honor.

Hon. G. W. Belden, of Stark county, succeeded Judge Hallock as presiding judge of this district, beginning with the March term, 1837, and ending in 1839, at which time the district was changed by the legislature, throwing Stark county beyond its boundaries. He died not long since.

Judge Belden was succeeded by Hon. Wm. Kennon, of Bel- mont county, who held the office until November, 1846, and he in turn was succeded by Benjamin S. Cowan, of the same county, at the May term, 1847, who served until February, 1852.

JOSEPH M. MASON, a member of the bar at this period was a native of Trumbull county. He studied law with Roswell Marsh, and practiced law in Monroe county. He came from Monroe county in 1848, and held the office of clerk of court. He removed from here to Columbus, where he died. His son George is a lawyer in Cleveland, and he has two daughters re- siding in Washington, D. C.

RODERICK S. MOODY was a member of the bar during this per- iod, and was one of the shrewest, brightest and most brilliant minds that ever practiced at this bar. Mr. Moodey was a native of Steubenville, having been born on May 22, 1817, the son of David and Sarah Sheldon Moodey. He received the principal part of his education at Jefferson College, Pa., and on his return home entered the Farmers' and Mechanics' Bank as a clerk. He afterwards studied medicine with Dr. Andrews and attended lectures in Philadeldeia, but thinking the law would be more to his taste he took it up, and entered the office of Daniel Collier as a student. He was admitted to practice in September, 1841, and on October 19 of the same year was married to Miss Vir- ginia Eoff of Wheeling. He was prosecuting attorney from 1846 to 1848, and was appointed clerk of the court, but did not serve. He was also secretary and attorney for the Steuben- ville and Indiana railroad in its early days. His first partner was Joseph Mason, and the others James Elliott and E. McCook. He died on December 11, 1866, leaving a wife and family of seven sons and three daughters to mourn his loss.

COL. GEORGE W. McCOOK was a member of the family that achieved a reputation both in military and civil life, and which will occupy a place in our country's history accorded to but few. He was the son of Daniel McCook, and was born in Cannons- burg, Pa., July 21, 1822. When quite young his father removed to Columbiana county, Ohio, where they remained until George was nine years old, when the the family removed to Carroll county. While living here he attended college at New Athens, Ohio, and determined upon adopting the legal profession. At the close of his collegiate career he studied law in the office of Edwin M. Stanton, and being admitted to practice by the Su- preme Court of the state then sitting in Trumbull county, he became a partner with his preceptor, Mr. Stanton, in 1843. To- gether with his profession he soon became active as a politician and was a prominent member of the Democratic party, tak- ing an influential part in the affairs of that organization which he retained until his death. With the outbreak of the Mexican war a company of volunteers was formed in Steubenville called the greys. This company organized about the middle of May, 1846, by electing Geo. W. McCook, then a rising young lawyer, as captain. On May 27 the company left for Camp Washing- ton at Cincinnati, where it became company I of the 3d Ohio Infantry. Samuel R. Curtiss was made colonel, and Captain McCook promoted to the lieutenant colonelcy. About six weeks before the return of the regiment, Col. Curtiss was made inspec-

tor general, and Col. McCook placed in full command. On July 3, 1846, the regiment left Cincinnati for New Orleans, and thence for Texas, crossing the border at Fort Brown into Mex- ico, where they lay six months at Camp McCook. From thence they went to Matamoras, and soon after Lieut. Col. McCook, with three companies was detailed to relieve Col. Morgan's regiment at the front, which they accomplished after one of the hardest marches of the war. Atter that they went to Monterey and Buena Vista, and from thence home, being mustered out on July 3, 1847. On his return Col. McCook resumed his partner- - ship with Mr. Stanton, and in 1852, was supreme court reporter, preparing the report for that year. He was elected attorney general in the fall of 1853, by a large majority. He was a can- didate for re-election in 1858, but was defeated by the Repulican candidate. A considerable part of Col. McCook's law practice was connected with the affairs of the Steubenville and Indiana Railroad Company, and in 1859 he made a visit to Europe to make arrangements with the first mortgage bondholders of the road, in which trip he was successful. With the outbreak of the Rebellion Col. McCook was appointed by Govenor Dennison one of the four officers to look after the interests of the Ohio troops. He took charge of the 126th Ohio infantry until Col. Smith could be released from the regular army to assume command, and in 1863 was Colonel of the 39th Ohio National Guards, which afterwards became the 157th O. N. G., and was part of the hun- dred day troops, engaged in guarding rebel prisoners at Fort Delaware. They returned home in September, 1864. For years before his death Col. McCook was a leader in Democratic party politics in Ohio, being generally the chairman of the state delegation in their national conventions. He nominated John C. Breckenridge in the Cincinnati convention of 1856, for Vice- President on the ticket with James Buchanan, and at the New York convention of 1868, he nominated Horatio Seymore for the Presidency. He was the Democraticcandidate for Governor of Ohio in 1871, defeating in convention Thomas Ewing and Durbin Ward, but was himself defeated at the polls by Gen. E. F. Noyes, the Republican candidate. During this campaign he was attacked by disease of the brain, which compelled him to withdraw from the canvass, and after that he took little ac- tive part in politics, living quietly at his home in Steubenville. He died in New York on Friday, December 28, 1877, leaving three children, George W. McCook, Jr., Hetty B. and Robert McCook. His wife, Miss Dick, who was an adopted daughter of Rev. C. C. Beatty, died in 1863. His funeral was one of the largest ever in Steubenville, and by his liberality and generosity as a citizen, he had won a place in the hearts of the people not easy to be effaced.

ROBERT L. McCook, brother of George W., is also to be counted among the members of the Steubenville bar, as well as one of the family of the " fighting McCooks." He Was born in Colum- biana county, December 28, 1827, and at the age of fifteen began assisting his father, who was at that time clerk of the court of Carroll county, Concluding to bea lawyer, he began his studies withHon. E. R. Eckley, of Carrollton, and after a while removed to Steubenville and completed his studies with the firm of Stan- ton & McCook, beginning the practice of the law soon after. He removed to Columbus and then to Cincinnati, forming a part- nership with Judge Stallo, where the outbreak of the war found him with a large business and an established reputation in his profession. He was commissioned Colonel of the 9th Ohio, the first German regiment formed for the suppression of the rebel- lion, and never did an officer look more closely after the comfort and welfare of his men. The regiment did gallant service through the war, enlisting for three years when the first term had expired. Colonel McCook was commissioned a Brig- adier General of volunteers and assigned a brigade in Buell's army, where he displayed a marked activity, zeal and military capacity. Finally he was prostrated by camp dysentery, but although urged to go to Nashville and remain until recovery, yet insisted on accompanying his men although compelled to travel in an ambulance. On August 6, 1862, while separated from his troops, he was suddenly attacked by a party of mounted guerrillas. After discovering the impossibility of either resist- ance or escape, General McCook held up his hands in token of surrender, and immediately after was shot and mortally wounded by Captain Frank Gurly, one of the most dastardly murders ever committed. He expired about noon the next day.

DANIEL McCook, another brother of George W., although his practice here was quite limited as to time, yet was a member of the Jefferson county bar. He was born at Carrollton on July 22, 1834, and received his education at a college in Florence, Al-

443

HISTORY OF BELMONT AND JEFFERSON COUNTIES.

abama, where he graduated in 1858. He studied law in the office of his brother in Steubenville, and was admitted to practice in 1858. Soon thereafter he removed to Leavenworth, Kansas, and became a member of the widely known firm of Ewing, Sher- man & McCook. Here in December, 1860, he married Miss Julia Tibbs, of Platte county, Mo. He was at the head of a militia company, the Shields Grays, when the war broke out, and cap- tain and men forthwith volunteered and marched to report to General Lyon at Wilson's creek. In November, 1861, he was appointed adjutant general on the staff of his brother Alexander. then commanding a brigade in Buell's army, where he served for nearly a year. In May, 1862, he was called to Ohio by Gov- ernor Tod to recruit for the 52d Ohio, and during this period he visited Jefferson county for the last time. Many of our citi- zens will remember that quiet Sunday afternoon when on ac- count of the exigencies of the occasion so many of them went down to La Grange to encourage the cause of enlistment in Wells township, and listened to his words of impetuous elo- quence as he urged them to do their duty by their country. He went back to the front in August and led his regiment with dar- ing and success. He afterwards had charge of a brigade, but kept the 52d with him, and when he fell in the terrible assault on Kenesaw Mountain mortally wounded, he was still known as the colonel of the 52d Ohio. A short time before he died word was brought of his promotion to a brigadier general- ship of volunteers for distinguished gallantry in battle. He had won his star and grave at the same time.

COL. W. R. LLOYD was born at Chillicothe, O., on December 3, 1818. He read law with Judge Pearce, of Carrollton, and after serving as Clerk of the court of that county removed to Sten- benville, where he carried on the practice of law, and married Miss Jennie, daughter of Gen. Samuel Stokeley. For a time he was in partnership with Hon. John A. Bingham, of Cadiz. Ou May 4, 1858, he was appointed Probate Judge to fill the vacancy caused by the death of Hon. J. K. Sutherland, and the follow- ing year was elected for the full term, but before it expired he recruited the Sixth Ohio cavalry from Warren county, and was appointed Lieutenant-Colonel. He resumed his law practice on his return home, and died on Friday, November 9, 1877, after a protracted illness, leaving a wife and three children. He was a man of fine literary attainments as well as a lawyer of ability.

JOSEPH MEANS, whose father, James Means, was long a prom- inent citizen of this place, having an estate in what is now part of the Third Ward, of Steubenville, was born August 21, 1822. He studied law in the office of James Collier, and after his ad- mission to the bar in 1844, became a partner with that gentle- man. He soon became identified prominently in public affairs, and held a position in the City Council almost continuously from 1855 to 1866, and in 1871 he was again elected to the same position, receiving a larger vote in his ward than that given to any other candidate ; and in 1861-2 he represented this district with satisfaction in the State Legislature, and at home was con- nected as President or Director in many of our leading corpora- tions, besides being at the head of a large foundry and machine shops. His death occurred suddenly from congestion of the brain on the night of July 2, 1872, and when the news was made public there probably was not a person in the community who did not feel the loss as of a personal friend. His wife, Mrs. Mary Kelly Means, with one son and three daughters, survived him.

WILLIAM SAMPLE, who was a resident of Islandcreek township, became a member of this bar about 1844. Ile afterwards moved to Coshocton county, where he was elected one term as Common Pleas Judge. This office was resigned by him in 1876, and he removed to Newark, Ohio, where he resumed the practice of law. He died some three years since.

COL. GEORGE P. WEBSTER, was the son of John Webster, and was born near Middletown, Butler county, O., December 24, 1824. He had a common school education, and went to Ham- ilton in 1841, there performing duties in the office of the Clerk of Court. He studied law with Thos. Millikin, and carly in 1846 was admitted to the bar. He enlisted as a private in the Mexi- can war, but was promoted to Sergeant Major in the First Ohio Infantry, serving with credit, and was wounded in the right shoulder at the storming of Monterey, September, 1846. The war over he married Miss Mary McAdams, of Warrenton, Jof- ferson county, and a year later he removed to Steubenville. He becanie clerk of court in 1851, holding the office two terms, after which he became a partner in the law business with Martin An- drews. He was a Democrat in politics, but on the outbreak of the rebellion took a most active part in raising troops, and soon I-56-B. & J. Cos.

after he was appointed Major of the 25th Ohio Infantry, After ser- vice in West Virginia in May, 1862, he was promoted to Lieu- tenant-Colonel, and in the following July he was appointed Col- onel of the 98th Ohio, which regiment was organized at Camp Steubenville, three miles below the city. He left Steubenville with his regiment August 23rd, going to Lexington, Ky., and thence to Louisville. Here he was placed in command of the 34th Brigade, Jackson's Division, McCook's corps. The battle of Perryville followed shortly after, in which he was mortally wounded, dying as a brave soldier on the field of battle. His son, John Mc A. Webster, is lieutenant in the U. S. army.

Judge Cowan was succeeded on the bench by HON. THOMAS L. JEWETT, in February, 1852. Judge Jewett was a native of Hartford county, Maryland, his parents being Quakers. He set- tled in Cadiz, in 1844, engaging in the practice of law, being married at this time. He removed to Steubenville in 1850, and in October of the following year was elected Judge of this judi- cial sub-division on the democratic ticket over John A. Bing- ham, the republican candidate. His commission was issued on January 16, 1852, and he occupied his office on the second Monday of February, following. On August 29, 1854, he was elected director of the Steubenville & Indiana railroad, when he resigned his position as Judge. On June 8, 1855, he was elected president of the company, and continued as such until Septem- ber 3, 1859, when the road having become embarrassed, his posi- tion was changed to that of receiver. This office he held until the completion of the Pittsburgh and Steubenville road across the West Virginia pan-handle, and upon the consolidation of the different lines in 1868, under the name of the Pittsburgh, Cin- nati and St. Louis Railway Company, Judge Jewett was elected president of the new organization. He held this office until May 7, 1871, his brother, Hugh J. Jewett, being with him part of the time as manager. When the latter was called to the pres- idency of the Erie road, Judge Jewett resigned his position, and soon after removed to Philadelphia, where he engaged in stock speculation to the time of his death, which occurred at New York on Wednesday evening, November 3, 1875. His wife and four children survived him. Judge Jewett was a man of mark- ed character, and during the war for the Union gave freely of his time, talents and money for the support of the government.

HON. THOMAS MEANS, who succeeded Mr. Jewett as common pleas judge, was a son of James and brother of Hon. Joseph Means. He was born in Steubenville on March 31, 1826, and studied law with Daniel Collier. He was admitted to the bar almost as soon as he became of age in 1847, and the following year married Miss Annie Stewart, of Louisville, Ky. He was a young man of more than ordinary intellect and brilliancy, as the public positions he was called to fill soon gave evidence. After living about eighteen months in St. Louis, Mr. Means came back to Steubenville, where he formed a partnership with Mr. Jewett. In 1852-3, he served as a member of the House of Representa- tives of the fiftieth General Assembly, and when Judge Jewett resigned his position on the bench, Mr. Means was appointed by the governor to fill the unexpired term, holding the office from October, 1854, through 1855. After he came from the bench he resumed the practice of law, and removed to Leavenworth, .Kansas, where he remained until the outbreak of the war. Early in the conflict he was appointed by the government on a commission to adjust war claims in the neighborhood of Cairo, Ill., and soon after that work was completed he died at his home in Steubenville on December 27, 1863. Judge Meaus was a man of great promise, and had he lived would doubtless have taken one of the first places in the state and nation. His wife, daughter and son survive him, the latter being a minister in the Protest- ant Episcopal church.

Samuel W. Bostwick, of Harrison county. now deceased, she- ceeded Judge Means and held the office until October, 1861. Hon. George W. Mellvaine, of Tuscarawas county became judge with the March term, 1862, remaining on the bench until the fall of 1870, when he resigned to go on the Supreme Bench of the state. Hon. Jolin H. Miller, of Steubenville, was appointed to fill the unexpired term, and afterwards elected for the full term, holding office until February, 1877, when he was succeed- ed by James Patrick, Jr., of Tuscarawas county, the present in- cumbent.

PRESENT MEMBERS OF THE BAR.

The following is a list of members of the bar now residing in Jefferson county, and having more or less legal business to trans- act in its courts: Hon. John H. Miller, admitted in December, 1840; Thomas McCanslen, admitted in August, 1844 ; Hon. R. Sherrard, Jr., Oct. 12, 1846; Hon. J. H. S. Trainer, April 7, 1848;

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HISTORY OF BELMONT AND JEFFERSON COUNTIES.

James Elliot, January, 1852; A. HI. Battin, May 11, 1853 ; W. A. Walden, April 27, 1858 ; Hon. J. Dunbar, January, 1860; W. A. Owesney, September 18, 1862 ; James F. Daton, 1863; Thomas P. Spencer, 1866 ; O. P. Mosgrove, August 18, 1854 ; Hon. Rob- ert Martin, April 18, 1862; James A. McCurdy, September 18, 1862; David Moody, September 26, 1867; Wm. H. Lowe, Octo- ber 2, 1868; W. P. Hays, 1863; John McClave, September 16, 1868 ; John M. Cook, January, 1869; Joseph B. Doyle, Septem- ber 29, 1870 ; J. J. Gill, September 29, 1868 ; J. C. Keys, Septem- ber 29, 1870 ; W. T. Campbell, September 29, 1870; J. M. Hun- ter, July 21. 1872 ; B. N. Linduft, October 1, 1873 ; John J. Wat- son, September, 1873; W. C. Ong, April 28, 1874; E. S. An- drews, April 25, 1876 ; Henry M. Priest, April 25, 1876 ; Charles B. Gilmore, April 25, 1876; John A. Kithcart, October 1, 1873 ; W. V. B. Croskey, 1870 ; G. W. McCleary, June 25, 1873 ; Hon. R. G. Richards, March, 1877; John C. Kirkpatrick, September 25, 1877 ; Hon. J. W. Jordan, September 28, 1872 ; O. J. Beard, April 3, 1877 ; A. C. Lewis, October 2, 1877; David R. Mills, April 4, 1877 ; Henry Gregg, April, 1878; George G, Bright, August 27, 1878 ; J. H. Everson, August 27, 1878; Calvin May, August 27, 1878; John W. Jackman, August 27, 1878; W. J. McCann, August 27, 1878; J. A. Burchfield, April 16, 1879 ; Charles A. Reynolds, June 17, 1879; John A. Mansfield, April 16, 1879 ; James W. Clark, April 16, 1879 ; Emmett E, Erskine, April 16, 1879; W. S. McCauslen, June 17, 1879; James F. Big- ger, August 27, 1879; J. H. Roberts, April 16, 1879; J. W. Paisley, April 16, 1879 ; M. S. Stokely, 1860.

POMOLOGY OF EASTERN OHIO.

No part of Ohio is more noted for the early production of choice fruits (especially apples) than the counties of Jefferson and Belmont. In them the history of pomology is so inter- woven and linked together that it is difficult to separate; and, to do justice to the subject, the writer is compelled to trespass on Virginia soil. The cultivation of fruit in Eastern Ohio is as early as its settlement. In most instances as soon as the pioneer made his " clearing" he selected a spot and planted fruit trees, principally apple, This created a demand for apple trees, and little nurseries of seedling trees sprung up over the coun- try. Foremost in the nursery enterprise was Ebenezer Zane, who started one on the island between Wheeling and Bridge- port before the year 1790. He was the first American who en- gaged in the business on the Ohio river. It is said Jacob Nes- ley was the second. His nursery was on the Virginia side of the river, a little below the mouth of Yellow creek. It was commenced in 1790. A few years after these other little nurse- ries of seedling trees were started on the Ohio side of the river in the counties of Jefferson and Belmont.

The city of New Orleans afforded an excellent market for the products of the settlers, by way of the Ohio river, and fine apples commanded great prices. This induced farmers to give attention to the cultivation of select varieties. To do this the tree must be grafted, and a few enterprising men engaged in the business of top-grafting. The greatest obstacle in this was the difficulty in obtaining scions. In most instances the grafts were taken from the better kinds of seedling trees. A few grafted trees were brought from the East and planted about Steubenville. The first orchard of importance of grafted trces in this part of the state was at St. Clairsville, set out by Judge Ruggles in the year 1810 or 1811. The trees were from the Putnam nursery at Marietta, and contained all the important varieties in the Putnam list. The Judge was greatly interested in the production of fine fruits, and was liberal in giving cut- tings from his trees. Orchardists and nurserymen living in the vicinity improved the opportunity of obtaining them so cheaply. David Neiswanger, who, at that time, had a large orchard of seedling trees in Belmont county, top-grafted them. In a few years thereafter he became one of the most prominent fruit- growers in that county. Other men in Belmont and Jefferson counties engaged extensively in growing apples for the New Orleans market. Perhaps none of them excelled John Hobson, of Smithfield township, who shipped annually hundreds of bar- rels of choice Bellflowers down the river of his own growing.

EARLY NURSERYMEN.

Jacob Nessley was the first man in this part of the country to cultivate grafted trees for sale. He commenced the grafting business about the beginning of the present century. The principal varieties of apples in his list were Gate, (now called

Belmont) Dominie, or Wells, Rambo, Early Pennock, or August apple, Bellflower, Golden Pippin or Golden Bell, and a few others. He found ready sale for his grafted trees at good prices, and as the demand increased he enlarged his nursery and added to his number of varieties. His sales were not confined to the immediate neighborhood. Purchasers came from all parts of Eastern Ohio, and as far north as Cuyahoga county, to his nursery for trees. Dr. Taylor, of Cleveland, O., in a report to the Ohio Pomological Society concerning the early fruit-grow- ers of the Western Reserve, says: "Another source, and from which much was drawn, was Nessley's nursery on the Ohio river," Nessley continued his nursery many years, but when he became too infirm to attend to it himself, it soon went out of existence. A small nursery was commenced at Steubenville at a tolerably early day, at which some very choice fruits were cultivated. This nursery was of short duration. Two or three others were since put in operation at the same place, but nonc of long continuance.

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History of Belmont and Jefferson Counties, Ohio, and incidentially historical collection pertaining to border warfare and the early settlement of the adjacent portion of the Ohio Valley, Part 153

Author: Caldwell, J. A. (John Alexander) 1n; Newton, J. H., ed; Ohio Genealogical Society. 1n Publication date: 1880 Publisher: Wheeling, W. Va. : Historical Pub. Co. Number of Pages: 728

Author: Caldwell, J. A. (John Alexander) 1n; Newton, J. H., ed; Ohio Genealogical Society. 1n
Publication date: 1880
Publisher: Wheeling, W. Va. : Historical Pub. Co.
Number of Pages: 728