History of Columbiana County, Ohio and representative citizens, Part 34

Author: McCord, William B., b. 1844
Publication date: 1905
Publisher: Chicago, Ill. : Biographical Pub. Co.
Number of Pages: 912

USA > Ohio > Columbiana County > History of Columbiana County, Ohio and representative citizens > Part 34

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"The Democratic State Convention was held in the second week of June, and two weeks later the Republican State Convention met. Jolin Brough was brought out in opposi- tion to Governor Todd, who was a candidate for nomination for a second term. Brougli received the nomination by a small majority. * Brough was a great popular ora- tor. He had a sledge-hammer style about him that made him very powerful. Both parties having placed their candidates in the field. there opened a campaign which, for ex- citement, for rancor and for bitterness, will. I hope, never again be paralleled in this coun-

try. Vallandigham in exile in Canada, the command of his forces was given George E. Pugh, candidate on the ticket with Vallan- digham for Lieutenant Governor, while Brough in person led the Republican cohorts. Every local speaker of any note joined in the battle of words, and 'Order No. 38, was 'cussed and discussed' by day and by night. from the Ohio River to the lake, and from the Penn- sylvania to the Indiana line, before great as- semblages of people. The great political meet- ings of 1840 were overshadowed in numbers by the gathering's of both Democrats and Re- publicans in 1863. It was the saturnalia of politics. * *

* The Democrats in the last weeks of the campaign felt that they were beaten, but the splendid discipline of the Demo- cratic organization was manifested by their de- termined effort to the very last hour of the election day."

Brough's majority on the home vote was 61,927, but the vote of the soldiers in the field ran his majority up to 101,099-the largest ever given for Governor in any State up to that time. Another writer, speaking of Brough's candidacy, has said: "Although John Brough was a War Democrat, when the Civil War began in 1861, he was urged to be- come a candidate of the Republican Union party for Governor. This honor he declined at that time. The canvass of 1863 was held under different conditions. The Civil War was at its height, a large proportion of the loyal voters were in the army, and Southern sym- pathizers, led by Clement L. Vallandigham. were openly defiant. There was apparently some danger that he would be elected by the peace faction of the party. At this crisis Mr. Brough made a patriotic speech at Marietta. declaring slavery destroyed by the act of re- bellion, and earnestly appealed to all patriots. of whatever previous political affiliations, to unite against the Southern Rebels. And then he was immediately put before the people by the Republican Union party as a candidate for Governor."

The government made no objection to Mr. Vallandigham's return to Ohio, and he was a member of the National Democratic Conven-

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tion at Chicago in 1864, and was largely in- strumental in bringing about the nomination of Gen. George B. McClellan and George H. Pendleton for President and Vice-President. He was also a delegate to the National Demo- cratic Convention in 1868. His death was caused by the accidental discharge of a pistol in his own hand, at Lebanon, Ohio, in 1871, being at the time but 51 years of age.

THE FIGHTING M'COOKS.

Perhaps no more fitting place will be found in this work to introduce the New Lisbon branch of the "Fighting McCook" family than in this chapter ; for, besides being warriors es- sentially, there was a large streak of states- manship in the McCook blood. George Mc- Cook was born in 1750 and died in 1822; Mary McCormick McCook, born in 1763, died in 1833-both died and were buried in New Lis- bon. To this worthy couple were born Dr. George McCook, Maj. Daniel McCook and Dr. John McCook. Dr. George McCook and Maj. Daniel McCook married sisters, Mar- garet and Martha Latimer, who lived, died and were buried in New Lisbon. The children of Dr. George McCook and Martha Latimer Mc- Cook were: Dr. George McCook, Jr., Martha Umbstaetter, Margaret Hart, Mary A. Hanna and Catherine Hanna, whose husbands were relatives of Senator Marcus A. Hanna; Amelia McCook, Elizabeth, wife of Hon. Jonathan H. Wallace, and Fannie Childs. Maj. Daniel McCook and Martha Latimer McCook were the parents of Surgeon Latimer A. McCook, Gen. George W. McCook, Gen. Robert L. Mc- Cook, Gen. Alex. McD. McCook, Gen. Daniel McCook, Gen. Edwin S. McCook, Charles M. McCook, Col. John J. McCook, Midshipman J. James McCook, Mary J. Baldwin, Catherine McCook and Martha Curtis. Dr. John Mc- Cook was the father of Gen. Edwin S. Mc- Cook. Gen. Anson G. McCook. Chaplain Henry C. McCook. Commander Roderick S. McCook (U. S. N.). Lieut. John J. McCook, and Mary Sheldon McCook. All of the child- ren of Dr. George McCook, Sr., and of Dr. John McCook were born in New Lisbon, as also

were Gen. Robert L. and Gen. Alex. McD., sons of Maj. Daniel McCook.

Every one of the "Fighting McCooks" was a commissioned officer in the Civil War either before its close or befoire his death, except Charles M. McCook, who declined a commis- sion and was killed at Bull Run. Gen. Robert Latimer McCook was born in New Lisbon December 28, 1827. He read law in the office of Stanton & McCook (E. M. Stanton, the great War Secretary, and Gen. George W. McCook) in Steubenville, and afterwards formed a partnership with Judge Stallo in Cin- cinnati. In the Civil War he arose to the rank of major general, and was assassinated by guerrillas while lying wounded in an ambulance near Selma, Alabama, August 6, 1862. Maj. Gen. Alex. McD. McCook was born near New Lisbon, April 22, 1831. He was graduated from West Point in the class of 1852, and at the opening of the War of the Rebellion was made colonel of the First Regiment, Ohio Vol. Inf. He retired after the war as major gen- eral in the regular army. Dr. John McCook was born in Canonsburg, Pennsylvania, and educated at Jefferson College. He lived and practiced medicine in New Lisbon for many years, later in Steubenville, and died October II, 1865, in Washington, D. C., while visit- ing his son, Gen. A. G. McCook. Maj .- Gen. Edward M. McCook was born June 15, 1833, at New Lisbon. He practiced law in Kansas, and was a member of the Kansas Legislature. He entered the service at the opening of the War of the Rebellion as major of the Second Indiana Cavalry, and at the close of the war, had become a major general. Later he was United States Minister to the Sandwich Islands and was subsequently appointed Governor of Colorado Territory by President Grant. Gen. Anson G. McCook was born at New Lisbon October 10, 1835, and was educated in the schools of New Lisbon. He studied law in the office of Stanton & McCook, Steubenville, and at the outbreak of the war in the spring of 1861 raised a company of infantry, of which he was chosen captain. It was the first com- pany to offer its services from Eastern Ohio, and was assigned to the Second Regiment,

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Ohio Vol. Inf. He was promoted to colonel and before the close of the war was breveted brigadier general. After the close of the war he located in New York: although a Republi- can was elected for several terms to Congress from a Democratic district, and was' for a number of years secretary of the United States Senate. Rev. Henry C. McCook, D. D., was born July 3, 1837, at New Lisbon. He stud- ied for the ministry in Western Theological Seminary ( Presbyterian) at Allegheny; at the outbreak of the war enlisted as a private soldier was promoted to lieutenant and afterwards appointed chaplain. In 1905 he was pastor emeritus of

the Tabernacle Presbyterian Church, of Philadelphia, of which for 25 years or more he had been the active pastor. He has written several books on the habits of ants and spiders and is the author of "The Lati- mers," a historic novel based upon pioneer life Western Pennsylvania. Commander Roder- ick S. McCook, U. S. N., was born at New Lisbon, March 10, 1839. He was graduated from the Naval Academy at Annapolis in 1859. He did good service in the navy during the Civil War, and won the rank of commander before its close. He died February 23, 1885. Rev. John J. McCook was born at New Lisbon February 4. 1843. He served as lieutenant in the First Virginia Infantry in the war ; grad- uated from Trinity College, Hartford; studied medicine, afterward entered the Protestant Episcopal ministry, and later still became pro- fessor of modern languages in Trinity College.

HEROES AND STATESMEN.

But there were others than the McCooks and more than can be mentioned here-who, hav- ing served their country well and truly in the War of the Rebellion, elther did not live to return, or, returning, served their country and county in civil life and in the avocations of peace. Judge Peter A. Laubie, of Salem, and of the 19th Regiment, Ohio Vol. Inf., who was promoted from lieutenant to captain and acting major, returned and served his county and dis- trict on the common pleas and circuit benches for over 30 years, and was still in the har-

ness in 1905. Ephraim H. Holloway, of Col- umbiana, who rose from the rank of lieutenant. in the 4Ist Regiment, Ohio Vol. Inf., to that of brevet brigadier general, was afterwards a member of the Ohio General Assembly. Col .. S. J. Firestone, of New Lisbon, who advanced from Ist lieutenant in the 19th Regiment, Ohio. Vol. Inf., to major, after his return served. his county for two terms as probate judge. W. J. Jordan, of New Lisbon, who returned from the service of 1861-65 as lieutenant col- onel of the 104th Regiment, Ohio Vol. Inf., attained to a splendid standing at the Colum- biana County bar before his death. H. R. Hill, of East Liverpool, lieutenant colonel of the 115th Regiment, Ohio Vol. Inf., also gained a leading place at the Columbiana County bar, and was still living in 1905, har- ing retired from practice with honors. Col. Thomas C. Boone, also of the 115th, was an active figure in many enterprises in Salem up to the time of his death. Col. W. H. Vodrey. of the 143rd Regiment, Ohio Vol. Inf., was, after the war, a conspicious figure for many years in manufacturing circles in East Liver- pool. The after-the-war experience of Capt. William T. Cope, also of the 143rd, has al- ready been referred to in this work. David G. Swaim, of Salem, who had been promoted from Ist lieutenant to major of the 65th Regi- ment, Ohio Vol. Inf., afterward served as ma- jor in the regular army. George F. Ball, of Salem, after serving in the 65th Ohio, and re- ceiving a wound which was torture to him for the remainder of his life, served two terms as county recorder subsequent to his army ex- perience. J. F. Riddle, promoted from captain to major of the 104th, after being admitted to the bar followed mercantile pursuits in Wells- ville for a number of years before his death. Capt. Asa H. Battin, of Wellsville, after serv- ing in the Third Regiment, Ohio Vol. Inf., as commander of Company K, was mayor of Wellsville, and later practiced law at the Jeffer- son County bar. John L. Staughn, of New Lis- bon, who was captain in the 87th Regiment, Ohio Vol. Inf., was later coroner of Colum- biana County for several terms. Capt. Hugh Sturgeon and Capt. Robert C. Taggart, of East

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Palestine, who served with distinction in the 104th Regiment, Ohio Vol. Inf., were both useful members of the community in which they lived for years, Capt. Taggart having served two terms as county treasurer. (His further career, of usefulness, for he still sur- vived in 1905, is mentioned elsewhere in this works). Lieut. J. C. Taggart, also of the 104th, was still living in 1905 as minister of the First U. P. Church, of East Liverpool, in which capacity he has served for over 30 years. . Lieut. Stacy Pettit, of the 104th Regiment, Ohio Vol. Inf., was, subsequent to the war, county auditor for two terms. Adjt. William M. Hostetter, of the 115th Regiment, Ohio Vol. Inf., served the county as sheriff for two terms, and in 1905 was still an active and enterprising citizen of Lisbon. M. H. Foutts, who served honorably in the 115th, was, later, mayor of East Liverpool for a num- ber of years. The same may be said of Lieut. George Morley, of Company I, of the 143rd -both of these men having been prominent manufacturers also of East Liverpool, and both having passed away before the close of the last century. George J. Luckey, formerly of East Liverpool, and a sergeant in Company I, 143rd Regiment, Ohio Vol. Inf., was after the war for many years city superintendent of public- schools of Pittsburg, Pennsylvania. Capt. J. Newton George, of Company B, 143rd Ohio, was superintendent of the East Liverpool public schools for some years prior to his death. Lieut. J. C. McIntosh, of the same company, served tivo terms as county commissioner, and was in 1905 still living, a prosperous farmer in St. Clair township. Capt. A. R. Arter, of Com- pany C, 143rd Ohio, was a prosperous mer- chant in Hanoverton for many years before his death. Capt. Williamn Brunt, of Company I, 143rd Ohio, was still living in 1905-being one of the most successful pottery manufac- turers of East Liverpool. Capt. George W. Gibbs, First Lieut. Jesse H. Lemmon and Sec- ond Lieut. Jonathan R. Oliphant, all of Salem, had honorable records as officers of Company D, 143rd Ohio; Lieutenant Oliphant, who is still living, having served efficiently as assessor of his ward in Salem. Sergt. L. C. Dallas,

of the 143rd, was postmaster of Salineville for. a number of years before his death. Sergi. Norman B. Garrigues, of Salem, who, while in the service was for some time on Gen. John C. Fremont's body-guard, was subsequently auditor of Columbiana County for two terms. Daniel W. Firestone, of the 86th Ohio, and William G. Bently, of the 104th Ohio, each served Columbiana County as treasurer for two terms subsequent to the close of the war. Martin L. Edwards, of Salem, had a very hon- orable war record. He was promoted from sergeant of Company C. IIth Regiment, Ohio Vol. Inf., to Ist lieutenant, and served as cap- tain, and was still engaged in the machine business in Salem in 1905. Lieut. Henry C. Jones, who served in the 12th Ohio Cavalry, was a practicing lawyer in Salem for many years after. the war, and died about the be- ginning of 1904. Hon. John M. Dickinson, of Lisbon, was a member of the 84th Regi- ment, Ohio Vol. Inf .; subsequent to the war, he was a member of the Ohio Senate in sessions of 1882 and 1884, and was mayor of New Lis- bon from 1869 to 1881. He was still a prac- ticing attorney at the Columbiana County bar in 1905. Lieut. Calvin L. Starr, of the Third Regiment, Ohio Vol. Inf., and Sergt. Thonias C. Starr, of the 78th Regiment, Ohio Vol. Inf., both of New Lisbon; neither survived the war. Capt. U. W. Irwin, of Salineville, died while in the service as an officer of the 19th Regiment, Ohio Vol. Inf .; Capt. U. Bean, of New Lisbon, was killed in battle while lead- ing a company of the 19th Ohio; Charles Brewer, of New Lisbon, also a member of the 19th Ohio, was killed in battle; and Second Lieut. Freeman Morrison, of New Lisbon, a member of the 76th Regiment, Ohio Vol. Inf., was killed while in the service. Sergt. Thomas J. Walton (promoted to lieutenant) and Wil- liam Meldrum, both of Salem, and both of whom served in the 19th Regiment, Ohio Vol. Inf., claimed to be the first men in the county to enlist for the War of the Rebellion. J. B. Kirk, living in Lima, Ohio, in 1905, set up a similar claim, he being at the time of the breaking out of the war, a resident of Salem, and enlisting also for the 19th Ohio.

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But time and space would fail to mention a tithe of these worthy examples.

Peace hath her victories No less renowned than war;

And so the noble defenders of the Union, in the memorable struggle of 1861-65, were in very many cases the better fitted, by the ex- perience of those years, for the pursuits of peace.

CHAPTER XVII.

THE BENCH AND THE BAR OF COLUMBIANA COUNTY.

Famous Jurists-Lawyers Who Have Made Brilliant Records Without the Field of ' Poli- tics-Roster of Practicing Attorneys.

A comprehensive history of the bar would be a history of the country in matters legisla- tive, executive and financial. The laws of the State are made by the lawyers; they are en- forced by the Governor, Attorney General and prosecuting attorney, who usually are members of the bar; and the judges of our courts are necessarily lawyers. No large financial under- taking has ever been sucessfully carried through without the advice and active assist- ance of this profession. But no such compre- hensive history is now contemplated; and for the purposes of this work a list of the present members of the bar will begin, with a brief re- view of the work of those who have passed away or retired from the practice, so far as this can be obtained from court records and re- liable tradition.

Many of the most useful, successful and trusted members of the bar have not been prom- inently identified with court work; conse- quently a history based solely on the records of the court would not do justice to that class, while it would exaggerate the comparative usefulness of the class who have devoted their lives to trial work. The work of the office lawyer is frequently the most useful as well as the most profitable; but his work is hidden from the view of the historian. These sug-

gestions are made in explanation of what might otherwise seem to be unjust discrimination, as record evidence has necessarily been largely utilized in securing data for this review.

In the early history of the bar in this State, the successful lawyer established his reputation largely by means of his eloquence and persua- sive powers with courts and juries. He had an opportunity to appeal to the passions and prejudices of men, to an extent which would not be permitted at the present time. What, in his judgment, the law should be was more often the substance of his argument than what it was as established by adjudication. What the English law was, and how it had been modified by the change of relationship from subjects of a king to citizens of a republic, was a never end- ing source'of controversy. The lawyer who was the most plausible reasoner, could most success- fully appeal to the passions and prejudices of court and jury, and with flowery eloquence tickle the ear, of the listener, was the great law- yer of that day and generation; and if, in addi- tion to this, he was possessed of superior social qualities, he became an object of veneration, love and respect. But this is changed. While an ability to clearly express the reasons on which his contention is based is an invaluable asset of the lawyer, and while at rare inter- val's there may be an opportunity for eloquence and oratory, the practical, every-day appliance necessary for success is an unquestioned repu- tation for honesty and fair-dealing. On this

Editor's Note .- Almost all the material for. this chapter was furnished by Hon. Philip M. Smith, of Wellsville.

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point he must be above suspicion. His argu- ment to the court and jury must be a clear, convincing statement, based on a careful inves- tigation of the facts from witnesses and the law as found in more than one hundred vol- umes of reports of this State and thousands of volumes issued by sister States. He must also inquire how far these decisions have been modified by recent acts of the Legislature, so that honesty and untiring industry are at pre- ent the touchstones of success in this work. What has been considered a profession in the past has lost many of its distinguished charac- teristics; and the questions involved are pre- sented and adjusted in a business-like manner, while only controversies which cannot be set- tled out of court are referred to the court and jury, as umpire.

HIGH STANDARD HAS BEEN REACHED.

There has been an equally. great change in the personal habits of the members of the bar. It is within the memory of the present genera- tion when it was not an unusual thing for the most brilliant and influential members of the bar to appear in court manifestly under. the influence of stimulants. Now more than 90 per cent of the members of the bar of this county are total abstainers from the use of intoxicat- ing liquors as a beverage; and not a single one of the active practioners uses stimulants to ex- cess. The standard of morality and honesty is equally high with the standard of temperance ; and although matters of the utmost importance, social and financial, are entrusted to their care, there has never been a well-established instance in this county where a lawyer has betrayed the interest of his client, or taken a dishonest or unfair advantage of his adversary. While misunderstandings have occasionally caused criticism, yet a friendly and brotherly relation- ship exists between the members of the bar of this county; and they realize they are officers of the court and ministers of justice, whose duty it is to aid the court in developing the facts and investigating the law so that justice may be done, and the trickster who would take unfair advantage of his associates is without

standing or reputation among his brethren. A lawyer fully appreciates his duty to his client, which requires him to present to the court and jury, in the most convincing manner, every argument in favor of his view of the facts and the law, well knowing that his adversary is represented by another lawyer who has a: like duty to perform, and when the best is said that can be said, the court then must decide. This relieves the lawyer of all obligation to decide controversies between litigants, as that it is the duty of the court ; and often it is a dif- ficult matter for the court to decide who is right after hearing all that can be said; and it would be impossible for the lawyer, from the state- ment of his client, so to do. The court is the umpire, whose entire time is bought and paid for by the State, so that he may be, at all rea- sonable times, available to adjust and decide controversies which are properly laid before him.

The lawyer is not expected to do that for his client which the code of morals would not justify him in doing for himself; and the repu- table lawyer will not do a discreditable act and attempt to step behind the shield of his client's demands, as a justification for improper con- duct; and although he is often slandered in romance and from the platform, he certainly measures up to the average citizen in all that goes to make up the good citizen and useful member of society.

PRIMITIVE COURTS AND EARLY LAWYERS.

Hon, Calvin Pease was the first judge to preside within the territory, which is now Col- umbiana County. One of his first acts was to appoint Rezon Beall, clerk of his court for the period of seven years from July 6, 1803.

One of the early matters of record was the location of the county seat at New Lisbon. Prior to that time, after due notice, any point where the judge and his clerk with the docket were, was the county seat for the purposes of transacting the business of the court.

One of the things that first attract the at- tention in looking over the docket is the ficti- tious names sometimes used for plaintiff and de-

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fendant. One of the actions, which seems to have made considerable work for the court, was entitled "Timothy Peaceable against Thomas Troublesome."

The nature of the actions were almost en- tirely, actions for debt, in which the amounts involved. were generally less than $200, and actions which have received the attentions of the abiest lawyers in the country in many in- .stances did not involve more than $20. What would be considered a hardship at the present time was the custom of taxing an attorney fee for the winning party against the losing party in the costs of the case. This was as a rule $5, and in some instances $6. It is a query in the mind of the present practicing lawyer how his predecessors were able to earn a living from the limited number of cases which were then tried and the small amounts involved. A reasonable estimate of the amount of work done on the common pleas docket, by the half dozen lawyers of this county, prior to 1815, would not indi- cate an earning capacity greater than $300 or $400 per year for each of them.

The first criminal charge found on the doc- ket is against a resident of St. Clair township, charging him with being guilty of the crime of assault and battery ; but after a full trial to the court and 12 jurors, it was decided that he was not guilty of the crime charged. In the early history of this county, the court records would indicate that the people were law-abiding, as there were but very few criminal prosecu -. tions; and although at the present time about one in 10 of the actions that are presented in our Court of Common Pleas are actions brought for the purpose of securing a divorce, yet there are no instances of applications for divorce in the early history of this county; and it is only within the last 25 years that these actions have become common.

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History of Columbiana County, Ohio and representative citizens, Part 34

Author: McCord, William B., b. 1844 Publication date: 1905 Publisher: Chicago, Ill. : Biographical Pub. Co. Number of Pages: 912

Author: McCord, William B., b. 1844
Publication date: 1905
Publisher: Chicago, Ill. : Biographical Pub. Co.
Number of Pages: 912