History of Columbiana County, Ohio and representative citizens, Part 35

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 35


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Another matter that attracts the attention in looking over the old records is the fact that 1/4c. 1/2c and 34c are figured as parts of judg- ments, and in the costs, and the payment to the "uttermost farthing" seems to have been ex- acted. There are also a large number of ac- tions brought for the possession of real estate, and the determination of lines and roadways


were subjects furnishing frequent causes for litigation ; but the present common form of ac- tion for personal injury received on railroad, electric line, or in mine or factory, were un- known at that time to the practice.


Among the earlist names found on the doc- ket of attorneys practicing in this court are those of King and Larwell ; ; and for a number of years these names appeared with great fre- quency. The name of Obadiah Jennings is also found quite frequently in connection with many of the actions, both civil and criminal, as he seems to have been acting as prosecutor. But the source of his authority does not ap- pear of record; and about in the following or- der the early practice of the county seems to have been conducted by the persons named : Fisher A. Blocksom, Benjamin Tappan, Elder- kin Potter and Obadiah Jennings; and in the early history probably no names appear, more frequently in connection with the records of the courts of this county than those of Jennings and Blocksom.


Another matter which is noticeable on the records is the fact that in a very large number of actions the attorneys were plaintiffs them- selves ; but the record does not disclose whether they are representing themselves as individuals or representing clients by transfer of claims or otherwise.


One remarkable fact appears, that in Au- gust, 1820, Fisher A. Blocksom, on one day, brought 20 suits in sums averaging from $106 to $1, 120, in which the Bank of New Lisbon was plaintiff and various citizens of the county were defendants. The records do not disclose anything further in these actions; and what precipitated the bringing of them is not dis- closed, yet it would seem as though the amounts claimed had been paid in full in each of them.


In December, 1803, one Adam Poe, not unknown to fame, brought a suit against one Hugh Druggan, and also one against Thomas Gillingham et al., the amounts involved in each case being less than $5.


One of the earliest fines assessed was one against John Oyster in 1811, in which he was fined the sum of $8.


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AND REPRESENTATIVE CITIZENS.


EARLY PRACTITIONERS.


At the time of the organization of this county and its courts, the county had but few, if any, lawyers actually residing within its bor- ders, and the larger part of the early work in the county was done by members of the bar who resided outside of the geographical boundaries of Columbiana County. However, within a year or two after its organization, there is rec- ord evidence of the location of a number of lawyers in the county, principally in New Lis- bon. Among the first was Fisher A. Block- som, who located in New Lisbon very early in the century, where he continued to reside until his death, on the 14th day of December, 1876, being at that time about 96 years of age. Mr. Blocksom, early in his practice, was quite active and successful, as shown by the records of the court, and in common with other members of his profession devoted himself quite largely to politics, holding a number of offices, including those of prosecuting attorney, postmaster at New Lisbon, member of the State Legislature and presidential elector of the Democratic party.


The name of Elderkin Potter appears quite frequently on the docket from 1810 to 1830; and in 1810 John H. Reddick was admitted to the practice of the law and was quite prominent for the few years he resided in New Lisbon.


From 1820 to 1840, the name of William Russell appears quite often in connection with the litigations of the county, he having estab- lished himself in the practice of the law in New Lisbon about 1820, and continuing to be a resident of that place until the time of his death in 1850. He also was interested in political matters, and was especially active in the affairs of his home municipality. He was a man of fine literary attainments and culture and of average ability as a practitioner. One of his contemporaries from 1820 to 1824 was John Laird, who died in 1824, and of whom little is known other than that he was a member of the State Senate in 1823 and 1824, and was con- nected with a number of the actions on the docket of the court at that time.


De Lorma Brooks makes his appearance in this court at the September term, 1824, at which


time he was admitted to practice law in this State, being a native of the State of Vermont. Early in his practice, his name appears quite frequently on the docket, but he gradually drifted into outside matters and abandoned his practice for more profitable and congenial work.


Andrew W. Loomis, Charles D. Coffin and Anson L. Brewer, three men who attained great prominence in their profession, seem to have located in New Lisbon between 1825 and 1830.


Andrew W. Loomis was not only actively engaged in the trial of cases in this county, but was well known all over Eastern Ohio and Western Pennsylvania as a trial lawyer, and in 1840 he moved to Pittsburg, where he took high rank in his profession as a lawyer and an orator. He was a member of Congress from this district in 1836, but disliking the duties, he resigned his seat in that body and devoted himself to the practice of the law.


Charles D. Coffin was the successor in Con- gress of Mr. Loomis, having at that time at- tained prominence in the Democratic party and established a reputation for himself in politics and at the bar. Soon after his service as mem- ber of Congress was terminated, he removed to Cincinnati, where he took a prominent place in the practice of law and was elected as com- mon pleas judge, which position he filled for a number of years and gained the reputation of being an able, conscientious and just judge.


The name of A. L. Brewer first appears on the docket in 1826. He was connected with a number of important litigations, but lost his life by the blowing up of a steamboat in 1861, while in the service of the government in the War of the Rebellion.


William D. Ewing was also an active mem- ber of the bar of New Lisbon from 1826 to 1840, and established the reputation of being one of the most successful trial lawyers of our county, at that date. He also removed to Pitts- burg, Pennsylvania, where he died about 1850.


Dorsey B. Pentacost was admitted to the practice of the law in New Lisbon and opened an office there in 1827. His name appears but a few times on the docket.


Another of the practitioners was Isaac Stet- ยท son, who left this county in 1832.


From 1830 to 1839, E. T. Merrick was one


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HISTORY OF COLUMBIANA COUNTY


of the active members of the bar, but about 1840 he removed to the State of Louisiana and afterwards served as a member of the supreme bench of that State and took high rank as a jurist.


Charles Morgan Aten, of New Lisbon, was born in Allegheny County, Pennsylvania, in August, 1805, studied law in Steubenville, and was admitted to the practice of the law in 1828. He lived to an old age and had an office in New Lisbon for about 60 years. His name appears, in the early years of his life, quite frequently on the docket of the Court of Common Pleas, and he transacted, in a careful and conscientious manner, a large amount of office and court business in his many years of service at the bar.


SOME FAMOUS LAWYERS.


From 1840 to 1860, the bar of Columbiana County took very high rank, and its practition- ers were certainly equal to any then in the State ; and compared with the bar of the State cer- tainly as favorably as it has ever done either before or since. The names, which are most familiar to the older persons of this generation, and are described as giants among men, are those of S. L. Wadsworth, who.was known as one of the greatest advocates and jury lawyers of Eastern Ohio: William Upham, who by many was thought to be the greatest equity lawyer of his day ; John M. Gillman, who after- wards moved to St. Paul, Minn., and became one of the leaders of the bar of that city ; Ly- man W. Potter and the firm of Mason, Potter & Woods; Thomas Woods of this firm being one of the brightest and strongest young men of the bar, but dying in early life before he had an opportunity to fully display his ability ; James L. Smith, forcible, eloquent and strong in his presentation of the facts: Anson L. Brewer, Samuel W. Orr, with great knowledge of the law, James Clark and Judge John Clark, who had one of the most profitable practices in the county for many years, and was especially strong in equity work ; and Edwin M. Stanton, who had an office in New Lisbon, although he was not a resident, and established a great


reputation for himself by his work, back in the '50's.


From 1850, for many years, the names of Henry Ambler, Jacob A. Ambler, James W. Reilly, Peter A. Laubie, Simon J. Wisden, and Jonathan H. Wallace appeared with great fre- quency in connection with the litigations of this county.


From 1860 of those who are not still in the practice, the names of W. A. Nichols, Henry E. Frost, W. I. Jordan, G. W. Love, Charles M. Snyder, J. G. Beatty, and J. W. and H. Morrison, seem to have been most actively en- gaged in court work.


CUT OFF IN EARLY PRIME.


A number of exceedingly promising young men began the practice of the law in the later 'zo's and the early '80's, whose life work was only begun at the time of their deaths, who, if they had lived. would certainly have taken very prominent places in the practice and some of them surely would have been the leaders of the present day. Thomas A. Collins, a graduate of Mount Union College, a conscientious and earnest advocate and well learned in the law, died at Salineville, while in the active practice early in the '80's. Daniel F. McQueen, a grad- uate of the same college and class, who was for a short time located in East Palestine and read law in New Lisbon, and was admitted there but afterwards went to the far West, died at about the same time as Collins. George W. Love was very prominent at the bar and in politics from 1880 until the time of his death. Charles N. Snyder, who was his partner in the practice of the law in Leetonia, removed to Lorain, Ohio, and soon after died, his health having failed while he was practicing in this State.


George Duncan, now of Martin's Ferry. Ohio, and John King, who afterwards went West and continued in the practice of the law, both began their professional work in Colum- biana County. George Duncan was in 1905 one of the leading lawyers of Martin's Ferry and has been very successful in his practice.


The earlier records of the court do not con-


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tain memorials of deceased members of the bar, and it is only within more recent years that it has been customary to make such mem- orials a matter of record. From these recent records the following matter is culled :.


IN MEMORIAM.


William J. Jordan, a member of the bar of Columbiana County, was an active and suc- cessful lawyer in the practice in this county until the date of his death, which occurred on the 25th day of February, 1886, he dying at the age of 53 years. He had been in the active practice of the law for about 16 years, having been admitted to the bar in 1854, although ab- sent from the practice for quite a number of years during his two terms as clerk of the courts of Columbiana County, and as a soldier in the 104th Regiment, Ohio Vol. Inf. In this regiment he served as captain until the end of the War of the Rebellion, being discharged with the rank of colonel. As an officer of this regiment he was faithful and efficient; a strict disciplinarian, cool in action and prompt to meet all calls of duty ; conspicuous for acts of personal courage and bravery, and a man held in the respect and love of his soldiers. In the latter part of his life, he was engaged actively in the practice of the law, and was able, strong, resourceful, painstaking and industrious. His honesty and fair-dealing were at all times rec- ognized. He was an active and earnest worker in the church and a fervent advocate of the advancement of the Christian religion, and a promoter of good government.


Hon. Jonathan H. Wallace ,was, for many years, one of the best known and popular mem- bers of the bar of this county, being one of the leaders in court practice from about 1850 to the time of his death. Judge Wallace was a college graduate, being a member of the class of 1844 at Washington College, graduating when he was about 20 years of age. He read law and was admitted to the practice in 1847. and from that time until the date of his death, he was prominent before the people of this part of the State. He was, at one time, associated as a partner with Edwin M. Stanton, and was


noted for his loyalty to his clients, his untiring industry, ability and integrity. He became one of the leading practitioners in this county, re- taining that position until the time of his death. He was elected prosecuting attorney of this county and served in that position for two terms; was a delegate to the National Demo- cratic Convention in 1864, and in 1882 elected as Representative in Congress from this dis- trict; and on expiration of his term in Congress, he was appointed judge of the Court of Com- mon Pleas for this sub-division, to fill the unex- pired term of Judge Peter A. Laubie, who had been elected as first circuit judge in this sub- division.


Judge Wallace was one of the most courte- ous members of the bar, and was the soul of honor in all his relations in life. He was prob- ably connected with more litigations than any other member of the bar who has ever prac- ticed law in this county.


Hon. Simon J. Wisden was one of the active members of the bar of this county from 1860 to the time of his death, which occurred on the 30th day of December, 1890. He was a native of England, and began the practice of the law in 1851 at New Lisbon, Ohio. He served as prosecuting attorney of this county from 1860 to 1864, and as probate judge from 1872 to 1878. He was identified with some of the most important litigations of this county, and was noted for his forcible and pleasing arguments to the jury. His energetic nature stimulated him to the most thorough investiga- tions of his cases, and his extensive knowledge, gathered from literature and experience, fur- nished him a source of illustration and argu- ment which made him a most entertaining as well as convincing advocate.


Hon. P. C. Young was one of the leading members of the bar of Southern Columbiana County from 1875 until about 1890. During this period he was located at Wellsville, Ohio, and was connected with all of the prominent litigations from the southern part of the county. In 1800 he was elected probate judge. and re- elected in 1893. At the termination of his sec- ond term as judge of the Probate Court, he went into the practice of the law at Lisbon,


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HISTORY OF COLUMBIANA COUNTY


Ohio, and there continued to practice until shortly before his death, when he was chosen supreme ruler of the Fraternal Mystic Circle, and moved to Philadelphia to assume the duties of that office, and there died July 25, 1899.


Judge Young had an enviable record as a member. of the 195th Regiment, Ohio Vol. Inf., having enlisted as a boy from his home at Achor, in this county. He was at one time edi- tor of the Buckeye State, but after going into the practice of the law gave this his undivided attention excepting during the period when he was' acting as probate judge, and the short period of time, which he gave, near the close of his life, to the Fraternal Mystic Circle. He was one of the most eloquent, tactful and chiv- alrous practitioners of this generation of the bar, and had he seen fit to have continued in the practice, and had he lived out his expectancy of life, he had the ability to become a lawyer of national reputation.


A death that occurred on the 16th day of April, 1893, removed from the bench one in the prime of life, who had been for many years a leading practitioner of the county. Hon. Will- iam A. Nichols was born in Fairfield township, of this county, in 1839 ; and from 1861 until the time of his death, no man stood higher in the estimation of the people of Eastern Ohio for. legal learning, mental culture and sterling hon- esty. He was prosecuting attorney of this county from 1868 to 1870, and at no time has this office been more ably filled than it was during his term. In October, 1885, he was elected judge of the Court of Common Pleas for this sub-division, and reelected in Novem- ber, 1890; and within the recollection of the present generation, it is probable that, without disparagement to either his predecessors or his successors, he was the greatest judge that has graced the bench in Eastern Ohio. He was in- variably kind, patient and courteous, ready and anxious to aid the beginner and smooth away the rough places; and with a profound knowl- edge of the law and its application, with a mind broadened not only by study but by an active experience for many years in the court, he was especially well equipped for his work, and his death was recognized as a great loss to


the bench and the bar. He was looked upon as a just judge, who held the balance evenly with- out respect of persons, and whose motto was to "hew to the line, let. the chips fall where they may."


One of the busiest lawyers of this county for many years prior to his death, which occurred March 28, 1903, was Henry C. Jones, of Salem. While not as actively engaged in his profession in the Court of Common Pleas as he was in the Probate Court, he was identified with many of the prominent matters in both courts, and for many years but few names appeared oftener on the docket of our courts than that of Henry C. Jones. In the settlement of estates, and in office business, he was the trusted attorney of- many persons in Salem and the adjoining town- ships; and the quality of his work was best evidenced by the fact that as long as his health permitted he was busily engaged in important and profitable business. Mr. Jones was not only a successful lawyer, but he also had an enviable record as a Ist lieutenant in the 12th Regiment, Ohio Vol. Cav., leaving the army only at the close of the war in 1865.


Harvey Morrison passed away on the 29th day of November, 1897, at his residence at Lisbon, Ohio, being about 58 years of age. He also was a soldier in the War of the Rebellion, in Company K, 143rd Regiment, Ohio Vol. Inf. Soon after the close of the war he formed a partnership in the practice of the law with his brother, John W. Morrison. This partnership continued up to the time of his death, and from 1875 for 20 years no firm of lawyers was iden- tified with a larger number of litigations than the firm of John W. and Harvey Morrison. This was especially true of the active trial work before the justices of the peace and in the Court of Common Pleas, Circuit and Supreme courts of the State.


Harvey Morrison was possessed of a keen intellect, a discriminating mind, and was able to analyize and determine the issues of a law suit to an unusual degree. He was especially noticeable for his accurate and discriminating use of language, expressing himself with unus- ual clearness, especially in his arguments to the court, with whom he was always frank and


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honest. He was the tutor of many of the active and successful members of the bar of the pres- ent generation.


The brother, John W. Morrison, still sur- vives ; and at a ripe old age has retired from the active work of the profession, having probably been connected with a greater number of litiga- tions than any living member of the bar. He was forcible to the jury, convincing with the court, and especially dangerous in the defense. He had, when in the practice, the largest law library in the county. Taking but little recrea- tion, his life was largely spent in his library, reading and preparing the causes with which he was connected. One of the noted cases with which Mr. Morrison was connected was his suc- cessful defense of Annie Van Fossan, charged with the death of a child, in East Liverpool, in 1885. His defense in this action and his connection with the Hunter murder trial of Salineville, are two matters of litigation of which Mr. Morrison has just reason to be proud, and which he takes pleasure in re- viewing.


William Kilgore Gaston located in the prac- tice of the law in East Liverpool, Ohio, soon after his admission to the bar in 1897, and continued in the practice up to the time of his death, which occurred, after a short illness, on June 24, 1905. Mr. Gaston served as city solicitor of East Liverpool for one term, and established a reputation for honesty, ability and caution in his work as city solicitor, and as a lawyer in the general practice he gave promise of his ability to reach the front rank in the pro- fession. Ile had a mind well qualified to under- stand and expound legal principles ; and by his unfailing courtesy with the members of the bar and persons with whom he came in contact in his professional work, he made many friends, who had faith in his future; and his ability to hold friends so acquired would have been of infinite use to him in the practice of his pro- fession. But he was cut off at the very thresh- old of an enlarged field of usefulness, at that point in the life of a practitioner of the law where he is prepared by experience to do his very best work.


The earliest practitioner in East Liverpool,


and probably the earliest in the county, was William Larwell, who located at Fawcetts- town, now East Liverpool, very early in the century. His name appears on the docket about 1810 in quite a number of instances; but noth- ing is known of his later history, and he evi- dently abandoned the practice or left this county very early in the century.


A. R. Mackall located in the practice of the law in East Liverpool is 1876, and served as city solicitor for a number of years. He was quite actively engaged in the practice for some time ; but in the later years of his life he devoted himself almost entirely to dealing in real estate, in which he was very successful, and accumu- lated a large amount of property. Mr. Mackall was remarkable for the energy and enthusiasm with which he carried through whatever he undertook; and had he been given the usual years of life and made the law his life work, he: undoubtedly would have been quite prominent. However, about 1886, his health broke down, and from that time until the date of his death. he was not able to give his accustomed vigor and intelligence to his work ; and for the last six. months of his life was entirely unfitted for busi- ness. He was of a social and genial disposition, accommodating and courteous with his breth- ren in the practice of the law and in his business. and his early death, was the source of great sorrow to his friends and associates.


Gen. E. S. Holloway was quite a prominent figure in the business and legal world in the vil- lage of Columbiana, of this county, from the time he was admitted to the bar in 1877, to the time of his death. He served with distinction in the 4Ist Regiment, Ohio, Vol. Inf. He en- tered the service as Ist lieutenant, and during the war gradually but steadily rose in rank until he had filled all the offices up to brigadier general. He served his country faithfully until the close of the war, when he was honorably discharged.


As a member of the bar, he was faithful and conscientious, and well respected by his brother practitioners. He was connected during the 10 years prior to his death with all the prominent litigations from his home town and the sur -. rounding country.


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HISTORY OF COLUMBIANA COUNTY


WELLSVILLE LAWYERS.


Owing to the relative importance of the county seat as compared with the remainder of the county, and the difficulty of reaching the county seat from the borders, a large part of the litigations in the early history of the county was conducted by members of the bar who re- sided in New Lisbon; but improved facilities for travel, and the large growth of the cities on the borders changed this ; so that a very large majority of the members of the bar of this county now reside in the border cities of the county.


In Wellsville, prior to about 1850, there was no resident member of the bar, although . work was done prior to that time by John M. Jenkins, before he was admitted to the bar. He was, however, a member of the Legislature, and was afterwards admitted to the bar, and was quite a factor for many years, especially in the trial of actions before the various justices of the peace in this vicinity.


The earliest member of the bar who located in Wellsville was George M. Lee, who came from the northern part of the State, and prac- ticed law here for a number of years in the early '50's. He was quite successful, indefatigable in his search for facts tending to sustain his clients' cause, and while perhaps not as well posted in legal principles as some of his con- temporaries, was a great case lawyer, and very industrious in his search for the report of a case similar to the one he had under investigation which he might use as a precedent. He went from Wellsville to New Lisbon and formed a partnership with John M. Gillman, with whom he practiced law for a numbers of years, and then removed to Cincinnati, Ohio, where he was quite successful, especially as a patent law- yer. He died at early middle age.




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