History of Cincinnati, Ohio, with illustrations and biographical sketches, Part 86

Author: Ford, Henry A., comp; Ford, Kate B., joint comp
Publication date: 1881
Publisher: Cleveland, O., L.A. Williams & co.
Number of Pages: 666

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BENJAMIN DRAKE,

brother of the celebrated Dr. Daniel Drake, and asso- ciate of Mr. Mansfield in the preparation of Drake and Mansfield's little book on Cincinnati in 1826, began the study of the law in his nineteenth year, at the old home in Mayslick, Kentucky, whence he came to Cincinnati to take a place in the drug store of his brother. He finished his preliminary studies about 1825, and began practice with William R. Moses. The firm did a good business, in which young Drake bore a full part, though much engaged in journalism and general literature, until his untimely death in April, 1841, after a long and pain- ful sickness.

A NEWSPAPER NOTICE.

An interesting little editorial article, in regard to the bar and its business, appeared in the Saturday Evening Chronicle of July 9, 1827, from the pen of Moses Brooks, esq., who was himself lawyer as well as editor. It runs as follows:

At the late term of the supreme court of Ohio for Hamilton county, there were one hundred and sixty cases on the docket. There are at the bar in Cincinnati forty lawyers. Supposing the business in the su- preme court to be equally divided among this number, it would give to each four cases. If there be any truth in the old adage that legal busi- ness is just in proportion to the number of lawyers, it would seem that those in our city have but little talent or else a great deal of honesty among them. For ourselves, we are disposed to refer the slender docker to the latter cause. One fact, illustrative of the peculiar advan- tages which Cincinnati possesses, may be drawn from the following statement. We refer to the extreme cheapness of subsistence in this place. Most of the lawyers of our city present an embonpoint by no means corresponding with their docket. Other members of the legal profession who may contemplate an immigration to Cincinnati need not, therefore, be discouraged. There is little danger of starvation if they have but three or four suits in the supreme court in each year.

Mr. Mansfield, in his Personal Memories, says of the Cincinnati bar of this period: "In no larger number than forty, it certainly had as large a proportion of gifted and remarkable men as perhaps ever adorned a similar

body." Among them proved to be some remarkable examples of longevity, as no less than eight were living fifty years afterwards. There were then surviving four out of a dozen members of a little society of attorneys formed in 1825 for mutual improvement.

SIX YEARS LATER.

By 1831, with the rapid growth of the city in popula- tion and business, the number of lawyers had also largely increased. The following named are mentioned in the directory of that year :

Jacob and Isaac G. Burnet, David K. Este, Nicholas Longworth, William Corry, Joseph S. Benham, B. Ames, James W. Gazlay, Na- thaniel Wright, Samuel Lewis, Daniel J. Caswell, Henry Starr, Ben- jamin Drake, William R. Morris, John G. Worthington, Benjamin F. Powers, Daniel Van Matre, E. S. Haines, David Wade, Charles Ham- mond, Jeptha D. Garrard, Bellamy Storer, Charles Fox, Moses Brooks, Hugh Peters, J. Southgate, J. Lytle, B. J. Fessenden, Vachel Worth- ington, Thomas Longworth, James F. Conover, Thomas J. Strait, S. P. Chase, D. H. Hawes, Thomas Morehead, Robert T. Lytle, R. Hodges, Jesse Kimball, N. Riddle, J. W. Piatt, H. Hall, B. E. Bliss, Daniel Stone, H. S. Kile, S. Y. AtLee, F. W. Thomas, Isaiah Wing, William Greene, Talbot Jones, Stephen Fales, N. G. Pendleton, E. Woodruff, H. E. Spencer, H. P. Gaines, S. Findlay, Henry Orne.

Judge Carter adds the names of Judges John M. Goodenow and Timothy Walker. These make, with the others, fifty-eight-an increase of nineteen upon the roll of 1825. But four of them were known here to be liv- ing in 1880-Judge Fox, residing in Cincinnati, and still practing ; Judge Woodruff and Henry E. Spencer, also in the city, but retired from business; and Mr. AtLee, of Washington city.

JUDGE CHASE.

In the spring of 1830 young Salmon P. Chase made his advent in Cincinnati, from Washington, where he had kept a classical school for boys. He began a profitable practice at once, and by and by published his edition of the statutes of Ohio, which gave him wide repute and brought him a large practice. In 1834 he became solici- tor of the Branch Bank of the United States, and soon after of another city bank, which proved to be lucrative connections. In 1837 he added materially to his fame by his eloquent and able defense of a colored woman, claimed as a slave under the Fugitive law of 1793. The same year he made a famous argument in behalf of James G. Birney, editor of the Philanthropist, for harboring a runaway slave. His strong anti-slavery bent early took him into politics, and his subsequent career as governor. United States senator, secretary of the treasury, and chief justice of the Federal supreme court, is well known to the world.

JUDGE WALKER

came about 1831, married fortunately, and soon won name, fame and money. Judge Carter has some pleas- ant things to say of his old preceptor:

He was a most worthy man and a most worthy lawyer. He had not genius, however; he had abundance of talent, and chiefly of acquire- ment. He was learned in the law and out of the law. He could de- liver a good lecture and a good speech anywhere and almost on any topic, if you would give him time for his own preparation.

He was the author of Walker's Introduction to American Law, one of the best of law books for the legal studies of American law students. He served as presiding judge of our old court of common pleas for a time, by appointment of the governor; and in every relation of life, public or private, he was a gentleman and a scholar. He was full of

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good points intellectually, and good parts generally. He never reached political distinction-he never sought it. He was not ambitious; he was, perhaps, aspiring. He will always be well remembered by those who knew him.

HAWES AND STRAIT.

Daniel H. Hawes, a practitioner here between 1827 and 1834, made a beginning in business as a peddler of cakes, which he pushed about in a wheelbarrow. After his admission he obtained a partnership with Thomas J. Strait, and the firm commanded a large business. In 1832 he was chosen to represent the county in the legis- lature, though his opponent was the renowned but some- times defeated General Harrison.

Mr. Strait was a country schoolmaster in Miami town- ship before removing to Cincinnati, where he became a quite prominent attorney. He also, like most lawyers, went into politics, and was once an unsuccessful candi- date for congress. He removed finally to Mississippi, and died there.

JOHN M. GOODENOW

came to Cincinnati very early, from Steubenville. In February, 1832, he was elected judge of the common pleas court, over Judge Turner.

THE WRIGHTS.

Crafts J. Wright, now of Wright's Grove, near Chicago, came with Judge Goodenow, but shortly went into part- nership with Charles Hammond, and in 1836 transferred his association to Judge Fox, whom he left after a time to take a place on the Daily Gazette. He was in this a partner with Mr. Hamilton, with whom he was very in- timate, and was afterwards president of the Gazette com- pany.

Judge John C. Wright, who had been a judge of the supreme court, and member of congress from the Steubenville district, came about 1834, and entered into partnership with Timothy Walker. He succeeded Ham- mond as editor of the Gazette, and was known as one of General Harrison's "conscience-keepers"-that little body of Harrison's friends who took it upon themselves to see that he should say or write nothing indiscreet while the presidential canvass was pending. He was also the author of Wright's series of the Supreme Court Reports. Crafts J. Wright was his son, and another son, Benjamin T. Wright, came with him, and proved a successful young lawyer, but died prematurely.

JAMES H. PERKINS.

One of the lawyers of the middle period here was Mr. Perkins. He, however, remained but a short time in the profession. Coming from Boston in February, 1832, he entered the office of Judge Walker, and was admitted in 1834. The next year he undertook a manufacturing enterprise at Pomeroy, in this State, but abandoned it in a year or two, and returned to Cincinnati in the autumn of 1837. He soon got into journalism, was for a year or two editor of the Chronicle, and then became minister of the Unitarian church, where, and as a literary man, he made much reputation. One of his little fugitive pieces in the Chronicle, entitled "The Hole in My Pocket," is believed to have been copied in nearly every newspaper than existing in the country. He was compiler of the

large octavo volume known as the Annals of the West, which is still greatly esteemed as furnishing the materials of history. For years he was also a sort of city mission- ary in Cincinnati, and was of great service to the sick and poor. Mr. Perkins died comparatively young, and his loss was very much regretted. His death occurred December 14, 1849.

SUNDRY NOTICES.

Vachel Worthington immigrated from Kentucky at some time before 1831, and gained some eminence at the bar for industry, learning, and ability. He was strictly a lawyer, decling to be drawn aside into politics or literature, and giving the most careful attention to his business, in which he naturally succeeded very hand- somely.

About the same time came Henry Starr Easton, an old man when he began practice here, but a fair lawyer, who - soon made his way into practice.

In 1830 came Frederick W. Thomas, a young attorney from Baltimore. He was devoted mainly to literature and educational matters, and practiced quite irregularly. He lived in Washington between 1841 and 1850, and afterwards served in Cincinnati for some time as a Meth- odist preacher. He died here in 1867.

Henry E. Spencer was a son of Oliver M. Spencer, and grandson of Colonel Spencer, of the Columbia pioneers. He was mayor of the city for a number of years, and then president of the Fireman's Insurance company. His brother, Oliver M. Spencer, jr., was also an attorney at the Hamilton county bar.

Harvey Hall was the compiler and publisher of the Directory of 1825, the second published in the city. He prepared it with great care, and carried the same assi- duity and patience into his subsequent practice of law, in which he achieved much success. An interesting relic of his residence is a three-story brick building, remarka- ble for its very small windows, which is still standing on Eighth street, near Main.

Edward Woodruff, son of Archibald Woodruff, one of the pioneers, was in his day judge of the probate and common pleas courts. He is still living, but altogether retired from practice.

Thomas Longworth, a cousin of Nicholas, was much respected as both lawyer and citizen, but did not remain permanently in practice.

Thomas Morehead shared the good Scotch blood of his brothers, Dr. John and Robert Morehead, and was accounted a good lawyer.

James F. Conover, although a lawyer, was better known as a politician and as editor of The Daily Whig. He is remembered by the veterans of the bar as a scholar and a gentleman.

1831-49.

Judge Carter, in his book of Reminiscences of the Old Court-house, has taken pains to collect the names of the large number of practitioners in Cincinnati during about eighteen years after the publication of the last roll we have copied-that of 1831. This list, evidently carefully prepared, is as follows :

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HISTORY OF CINCINNATI, OHIO.

George W. Allen, Charles Anderson, Larz Anderson, John W. Ap- plegate, William C. Barr, C. P. Baymiller, James Boyle, Charles Bohne, J. Blackburn, William G. Birney, C. P. Bishop, William K. Bond, Joshua H. Bates, Henry B. Brown, D. V. Bradford, Charles D. Brush, A. L. Brigham, Charles H. Brough, John Brough, Peter Bell, Augustus Brown, Milton McLean, Nathaniel McLean, James S. Brown, Charles S. Bryant, Jacob Burnet, jr., Edward Harrington, William B. Caldwell, Samuel F. Cary, Louis Carneal, John Collins, S. S. Carpen- ter, A. G. W. Carter, Samuel S. Cox, John W. Caldwell, William Bebb, Charles L. Telford, Manley Chapin, - Loomis, Flamen Ball, Stephen Clark, A. D. Coombs, Martin Coombs, William M. Corry, Edward P. Cranch, Joseph R. Gitchell, Samuel F. Howe, Jacob T. Crapsey, Newman Cutter, Jacob H. Clemmer, S. C. Carroll, Doddridge & Ram- sey, Thomas B. Drinker, Aaron R. Dutton, James H. Ewing, Samuel Eels, James J. Faian, Ira D. French, Jacob Flinn, Jozaf Freon, William T. Forest, Fisher A. Foster, Timothy D. Lincoln, Frederick D. Lincoln, John Frazer, Thomas J. Gallagher, Charles W. Grames, Henry H. Goodman, Frederick Colton, William S. Groesbeck, Herman Groes- beck, John H. Groesbeck, Benjamin F. Gurley, Albert S. Hanks, Samuel M. Hart, Jordan A. Pugh, George E. Pugh, Thomas J. Hen- derson, Joseph Howard, David P. Hull, Charles P. James, -Steele, William Johnson, Jeremiah Jones, John Joliffe, William Rankin, Tal- bot Jones, Edward Kenna, Rufus King, Edward King, Othniel Looker, William M. McCarty, Alexander H. McGuffey, Edward D. Mansfield, O. M. Mitchel, Abraham E. Gwynne, James F. Meline, Patrick Mc- Groarty, William P. Miller, Thomas G. Mitchell, Charles D. Coffin, Thomas Morris, Eben B. Reeder, Nelson B. Rariden, Cyrus Olney, George H. Pendleton, William Phillips, jr., Donn Piatt, John L. Pen- dery, Charles S. Pomeroy, Thomas Powell, Andrew J. Pruden, Frank Chambers, David Quinn, Raymond & Dumhoff, Edward C. Roll, James Riley, Henry Roedter, R. W. Russel, James W. Ryland, John L. Scott, Thomas C. H. Smith, Henry Snow, Joseph Cox, Oliver M. Spencer, James W. Shields, Richard M. Corwine, John W. Herron, Isaac C. Collins, John M. Stuart, John Stille, Richard H. Stone, Llew- ellyn Gwynne, Robert D. Handy, J. J. Collins, George C. Perry, John F. Hoy, William Cunningham, William W. Fosdick, Alphonso Taft, Thomas M. Key, Patrick Mallon, Joseph G. Gibbons, James W. Tay- lor, William C. Thorpe, John M. Guitteau, Washington Van Hamm, Peter J. Sullivan, Patrick Collins, John B. Warren, William H. Wil- liams, William Y. Gohlson, John P. Cornell, Truman Woodruff, John Kebler, C. F. Dempsey, John C. Wright, Crafts J. Wright, John L. Miner, Joseph McDougal, E. A. Ferguson, Peter Zinn, C. C. Murdock, Nathaniel C. Read, Oliver S. Lovell, Adam Hodge, Robert B. War- den, George Hoadly, jr., Abijah Miller, A. Ridgely, Samuel W. Irwin, George W. Woodbury, John H. Jones, Eli P. Norton, F. W. Miller, Stephen Gano, J. G. Forman, Henry Morse, W. E. Bradbury, Joseph S. Singer, Thomas Hair, Thomas Bassford, Matthew Comstock, A. F. Pack, George H. Hilton, Stephen Hulse, Calhoun Benhamn, E. L. Rice, J. B. Moorman, David P. Jenkins, J. H. Getzendanner, Henry Gaines, Andrew McMicken, Rufus Beach, Edward R. Badger, T. O. Prescott, James B. Ray, Mason Wilson, Alex. M. Mitchell, H. H. Smith, L. B. Bruen, David Lamb, Robert S. Dean, Asa H. Townley, James Burt, William M. McCormick, Charles C. Pierce, F. C. Bocking, Moses Johnson, M. T. Williamson, W. E. Gilmore, C. W. Gilmore, Robert S. Hamilton, Claiborne A. Glass, A. Monroe, S. T. Wylie, J. M. Wilson, Thomas C. Ware, J. J. Layman; Alexander Van Hamm.

About fifty of all this large number, the judge thinks, were still alive in 1880; and of the survivors many have turned their attention to other pursuits.

Speaking of the court house and bar of the second gen- eration in Cincinnati, Mr. Scarborough says in his Histor- ical Address :

The bar numbered not less than one hundred and twenty-five mem- bers. The location of the court house was then more inconvenient even than it is now. Some few of the law offices were, as at present, in its neighborhood ; but the most of them were on Third street, between Syc- amore and Walnut streets, while several were to the south of Pearl street, on Main, Columbia [Second], and Front streets. The offices of Storer & Gwynne and Charles Fox were of this number, the former being on the west side of Main, about half way from Pearl to Second street, and the latter on the southeast corner of Main and Columbia streets. The office of T. D. Lincoln, afterwards Lincoln, Smith & Warnock, was a little to the east, on Columbia street, where it remained until about 1865.

The lawyers of that time who had their offices near the court house

were not all book men, and no one of them had any considerable library. Necessarily, the books then used in court were carried from day to day to and from the court house and the down town offices. "To tote" is an active verb, and generally believed to be not of purely classic origin. The lawyers of that day, as well as the court messen- gers, came to know its signification in the most practical way. The green satchel was used by every lawyer, and was almost as essential to him as the ear of the court. Nevertheless, it is well remembered that in all sharply contested trials, prominent features were delays while authorities were sent for, and statement and altercation as to cases cited and not produced in court.

The bar at that time was conspicuous for its ability-Judge Burnet, Judge Wright, Nathaniel Wright, and Henry Starr had retired, or were about retiring, from practice. Judge Este had just left the bench of the old superior court, and Judge Coffin had become his successor. The late Chief Justice Chase, Judges T. Walker, O. M. Spencer, W. Y. Gholson, and Bellamy Storer, and T. J. Strait, not to make mention of their compeers yet living, were then active members of the bar in full practice.

Scarcely less brilliant or richly gifted were the younger members of the bar. Some are still with us, among the leaders of to-day ; others, as B. B. Fessenden, Jordan A. Pugh, C. L. Telford, A. E. Gwynne, and T. M. Key, are deceased.

But among the more notable members of the bar were two not yet mentioned-William R. Morris and Daniel Van Matre. Visitors to the court rooms of that day rarely failed, in the morning hour, to find them there, or to be attracted and favorably impressed by their deport- ment and marked, though dissimilar peculiarities. Morris was a man of energy and push, of high spirit and great manly beauty. Van Matre was thoroughly genial, singularly quiet and unobtrusive, and guileless as a child. Withal he was cultured, and unusually exact and painstaking in the fulfillment of his purposes. They were both good lawyers, and alike cherished their profession, and desired to do what- ever they could to ennoble it.

THE ANDERSON BROTHERS.

Judge Carter gives the following appreciative notice of these gentlemen :

Lawyer Larz Anderson belonged to the bar of the old court-house, but, having married a daughter of the millionaire, Nicholas Longworth, he gave little or no attention to law except as it concerned the affairs of Mr. Longworth's large estate. Larz Anderson was a good lawyer, however, and a polished gentleman, and was much liked by the old members of the bar. His brother Charles, whom I knew as a fellow- student at Miami University, became quite a distinguished lawyer as well as a polished gentleman, and also became of some account in poli- tics, and was once elected by the people of Ohio as their lieutenant- governor. They were both Kentuckians, but came to this city in young age, and settled permanently among us. Charles was much given to the drama, and at a great benefit for the poor of Cincinnati, in the month of February, 1855, he appeared in the character of Hamlet, en- acting the scenes of the third act. This was at the old National theatre of this city. Some ten years after this, at another benefit for the poor, given at Pike's opera house, he enacted the whole of Hamlet, with great approbation and eclat. So that it was well said of him, he was as fit for the winsome walks of the drama as he was for the perilous paths of the law. In either capacity, as lawyer or actor, he acted well his part and there the honor laid ; and it used to be said of him, he was a first-rate actor in both professions-law and the drama-notwith- standing an indignant adversary advocate in court once directly pointed at him before the court and jury, and proclaimed, by way of manifest- ing some contempt for the way he managed his cause, "Lo ! the poor actor!" But Charles Anderson was a good lawyer as well as good actor, and a gentleman in every sense of the term.

TELFORD.

One of the ornaments of the local bar, for a short time in the middle period, was Charles L. Telford. He was a superior young man-"in no way a common person," writes Mr. E. D. Mansfield; "he had uncommon talents, both of nature and self-culture, tall, erect, with dark hair and clear, dark eyes, his carriage was manly, dignified, and commanding. In this respect he was one of a few whom nature has formed not to be reduced to the ordi-

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nary level by the want of gravity and dignity." He was graduated at Miami University, and became professor of rhetoric and belles lettres in Cincinnati college, upon the re-organization of its literary department in 1835. While performing the duties of his chair he read law, was ad- mitted to the bar and to a partnership with William S. Groesbeck, obtained a good practice, and about 1847-8, with Mr. Groesbeck, became a professor in the Law school. He died comparatively young, however, the fell destroyer, consumption, claiming him for its own.

FOSDICK.

Judge Carter gives the following little sketch of Fos- dick, the lawyer-poet :

The Western poet, William W. Fosdick, was a lawyer and a member of the bar of the old court-house in its later days. Given to poets and poetry as he was, he was not very much given to the law, but he was quite capable, though he never practiced the law a great deal. He was a good-souled, jovial fellow, and full of wit and humor, and was always a companion. He was very fond of puns from others and of punning himself. He was a punster, and stirred up a great many puns, and often in company he became the very life of it. A coterie of lawyers were one day engaged in the old court-room of the old court-house dis- eussing the Mexican war, when Fosdick was asked his opinion and ex- pression. He readily replied : "Gentlemen, I can easily express my sentiments in a single poetic line from Addison's Cato. It may be a new reading, but them's my sentiments : 'My voice is still-for war !'"

HODGE.

Again from the Old Court House :

Adam Hodge, as a lawyer, had very few superiors among the young members of the old bar. He was distinguished for learning and legal sharpness and acumen, and was very successful in his practice. He was a tall, thin, spare man, long arms and long legs and long body, and long but very agreeable and pleasant face, which, when he was argu- ing a case at bar, lit up with peculiar, fascinating illumination; and his eloquence attracted all his listeners, who were pleased with his use of language and his mellow bass and tenor tones of voice. Adam also had wit and humor in him, and frequent sallies issued forth from his brain, with the applause of his auditory and to the discomfiture of his adversary. He was a clever gentleman and a clever lawyer, and no one who had the pleasure of knowing will soon forget him. He was en- gaged in the defence of many prisoners in the criminal department of the court; and he seemed to love to defend such, and would gloat with positive delight whenever he succeeded in getting any defendant ac- quitted.

ZINN.

One of the most remarkable men of the bar of the old court house, and mentioned in Judge Carter's list, died November 17, 1880, at his home in Riverside, of tetanus or lock-jaw, induced by a surgical operation. Peter Zinn was born in Franklin county February 23, 1819, and came to Cincinnati in 1837 as a journeyman printer; published the Daily News in 1839 ; read law with Judge Storer and William M. Corry, and was admitted in 1849; became a partner with Charles H. Brough, then with John Brough, and with Judge Alexander Paddack ; rep- resented a city district in the State legislature 1851-2, and again in 1861 ; was major in the Fifty-fifth Ohio vol- unteer infantry, rendered signal service during the "siege of Cincinnati," and was then appointed to command Camp Chase; after the war obtained distinction as a lawyer, especially in conducting for the plaintiff the cele brated case of the Covington & Lexington railroad (now Kentucky Central), against R. B. Bowler's heirs et al., and author of Zinn's Leading Cases on Trusts; retired from the bar a few years ago, to give attention to his extensive

rolling-mill in Riverside and other private interests; and there ended his active and successful career.

THE KINGS.

The Hon. Rufus King, of New York, is well known in American history as a distinguished minister of the United States Government at the Court of St. James, a United States Senator, and candidate of the Federal party for the Presidency in 1804, 1808, and 1816. Ed- ward King, his fourth son, was born at Albany, March 13, 1795, and came to Ohio twenty years afterward, making his home first in Chillicothe, then the capital of the State. He had followed his graduation at Columbia col- lege with a course at the celebrated Litchfield Law school, was admitted to practice the year after his removal to Ohio, and by his talents and popular qualities soon ac- quired a large practice. At Chillicothe he married Sarah, the second daughter of Governor Thomas Worth- ington. Returning to Cincinnati in 1831, he practiced here with eminent success until his death, February 6, 1836. His most notable association here was with the Cincinnati Law school, which he helped to found in 1833; and when the college was re-established two years afterwards, he was selected by the trustees to fill the chair of the law department, which his failing health compelled him to decline. He had been attacked the previous Oc- tober with dropsical disease, and had taken a southern trip for it, but without material benefit. He returned much discouraged, unable to resume his business, and grew rapidly more feeble until death relieved him. While in Chillicothe he was four times elected a representative to the legislature from Ross county, and during two of his terms served the house as speaker. Colonel Gilmore, of the Chillicothe bar, in a notice of Mr. King in the History of Ross and Highland Counties, says:

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History of Cincinnati, Ohio, with illustrations and biographical sketches, Part 86

Author: Ford, Henry A., comp; Ford, Kate B., joint comp Publication date: 1881 Publisher: Cleveland, O., L.A. Williams & co. Number of Pages: 666

Author: Ford, Henry A., comp; Ford, Kate B., joint comp
Publication date: 1881
Publisher: Cleveland, O., L.A. Williams & co.
Number of Pages: 666