History of Cuyahoga County, Ohio, Part 78

Author: Johnson, Crisfield
Publication date: 1881
Publisher: Philadelphia : J.B. Lippincott & Co.
Number of Pages: 716

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The next effort, of which there is any account, in the way of intellectual improvement, outside of the schools, was the Cleveland Forum, established about 1824, which flourished for several years, being de- voted principally to debates. This, too, finally dis- appeared. In 1833 a lyceum was formed, which gave its efforts entirely to debates until 1835, when it estab- lished a reading room, which was sustained by the contributions of the citizens. In 1836 the Young Men's Literary association was organized, which set itself to work in earnest to form a library. For a time it met with marked success, collecting more than a thousand volumes and enlisting much interest. But as in the case first named so in this one, the financial disasters of the period blighted its energies, and although it struggled on until 1843, yet it was never able to get firmly rooted in the intellectual soil of the city. In the year last named it was dissolved, and the books were scattered among the members and others.

Once more, in 1845. a similar effort was made by the more enterprising and intellectual young men of Cleveland, who united under the former name of the Young Men's Literary Association, and devoting themselves principally to the collection of a library. This time the attempt was successful, and amid the general prosperity the youthful institution gained a footing which has only grown firmer with advancing years.

In 1848 it was legally incorporated, with two hun- dred shares of stock at $10 each, the name being changed to the Cleveland Library Association. It maintained a course of lectures for many years, but these were subordinate to the library, and their profits, often netting from $1,000 to $2,000 per year, were faithfully applied to increase the number of books.

After having for several years occupied a small room on Superior street, it was removed in 1851 to the Her- ald building; again, in 1856, to No. 221 Superior street, and finally in 1862 to the "Case building." At this place it received a perpetual lease of the rooms it still occupies, from the heirs of Mr. William Case, who had been a warm friend of the institution, and who was understood to have designed those rooms for its use when planning the block. This relieved it from pay- ing rent, but its resources were still meagre, being derived principally from membership fees of three dollars per year and occasional small donations.

In 1870 the charter of the association was changed so that, instead of being controlled by annually elected trustees, it was to be managed by five direc-

J.M. Coffinhuy

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tors for life. Those first chosen were Samuel Wil- liamson, James Barnett, H. M. Chapin, William Bingham and B. A. Stanard. Soon afterwards Mr. Leonard Case presented the institution with an en- dowment of $25,000, and in the summer of the Cen- tennial he astonished the trustees and the city by an extraordinary act of munificence-nothing less than the gift to the association of the Case block, in which the library was located, valued at three hundred thou- sand dollars. and actually producing an income of near twenty thousand dollars per year!

This splendid gift has of course placed the associa- tion out of danger of want, and has enabled the di- rectors to make large additions to their literary stores. The dues have been reduced to one dollar per year. The room occupied by the association has been filled to its utmost capacity, with over twelve thousand vol- umes, some of them very rare and valuable works. A competent force of librarians is employed, and is gen- erally kept busy in attending to the wants of the pub- lic. Besides those who loan books, numerous readers are constantly at the tables examining books and mag- azines. In short, there is little doubt that the asso- ciation has entered on a long career of prosperity and usefulness, which cannot but reflect the highest honor on its munifieent friend. From the fact that it is located in the Case building, and from the deep im- pression made by the gift just mentioned, the institu- tion is commonly called the Case library, though the real name remains as before-the Cleveland Library Association.

THE PUBLIC LIBRARY.

The Cleveland Public Library was originated in 1853, but did not attain very high standing until 1861 when the law authorized the board of education to consolidate the old school libraries and to impose a tax for the support of a single public library. After being located in various rooms, and leasing perma- nent quarters for several years in the city hall build- ing. it has at length been established in a place ad- mirably suited to its needs. On the removal of the Central high school, in September, 18ts, to the new structure of Willson avenue, the old high-school building on Euclid avenue, near Erie street, was refitted and appropriated for the use of the publie library, the board of education, and other officials of the schools. The second and third stories are devoted to the use of the library. It contains twenty-six thousand volumes, mostly of a popular character, such as are desirable for circulation among the children of the schools and the citizens generally. About three thousand valuable scientific and historical works, however, have been placed in a room by themselves, from which they are not allowed to be taken. being used only for reference. It is intended to add five thousand volumes annually to the collection, but the expense of refitting and removing to the new quarters has prevented its being done during the present year. The library is free to all residents of the city. and

strangers who desire to examine works in the build- ing are most courteously entreated.

THE CLEVELAND LAW LIBRARY.

This institution was founded by the Cleveland Law Library Association in 18:1, and is located in the court-house. Since its establishment a law has been passed devoting a part of the fines collected in the police court to its support, and making it free to all members of the bar. It is still, however, under the control of the association. It contains about four thousand volumes, many of them of great antiquity and value.

THE KIRTLAND SOCIETY OF NATURAL SCIENCE.

This institution was founded and incorporated in the summer of 1869, under the leadership of Dr. Jared Potter Kirtland, from whom it was named. In 1870 it became a department of the Cleveland Library Association. It> museum is in the third story of the C'ase building. Here may be seen finely mounted specimens of beasts, birds, fishes, reptiles and insects from all parts of the country, and some from foreign lands: nearly all donated by eminent citizens of Cleveland. Among these benefactors are William Case. R. K. Winslow, John Fitzpatrick and Dr. Kirt- land. Though it lacks the popular interest attaching to the library, yet the museum has many visitors, and cannot but exercise a beneficial influence.

CHAPTER LXIV. THE CLEVELAND BAR

Samuel Huntington-Alfred Kelley-Reuben Wood-Samuel Cowles- Leonard Case-John W. Willey-A Remarkable Coincidence-Four out of Five still Living-Hard Work-Samuel Starkweather and Sam- uel Williamson-The admissions of 1835-Thomas Bolton, Moses Kel- ly, Henry B. Payne and Hiram V. Willson-Outspoken Language- Franklin T Backus-Rufus P. Spalding.

As already mentioned, the bar of Cleveland began its existence with the location at that point of Samuel Huntington, of Connecticut, in the spring of 1801. His practice, however, was of infinitesimal quantity, and it is doubtful whether he had a single case in a court of record, not because the people were unwilling to trust him, but because there was no business to be transacted. Cleveland, east of the Cuyahoga, (the only portion then settled) being a part of Trumbull county, it was almost sixty miles in a straight line through the woods to the county seat at Warren, and much farther by any practicable route, and the people were far too poor to seek the more expensive kinds of legal redress under such difficulties. Mr. Hunting- ton may have occasionally tried a case before a justice of the peace, but that was nearly or quite the sum of his practice.

He plunged into politics, however. with such zeal as to occupy his time quite fully, and being. in the spring of 1803. appointed one of the judges of the

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supreme court of Olle. he gave up whatever trifling practice he may have had. to devote himself to his judicial duties. Hle removed from the county before leaving the bench, which he did only to accept the office of governor from the people, and consequently his practice in Cleveland, slight as it was, ceased in 1803.

After the removal of Judge Huntington, in 1807, the bar of Cleveland had not even a nominal existence for over three years, unless we make an exception in the case of Stanley Griswold, who, we believe. was a member of the profession, and who located at " Doan's Corners" in 1808. Hle remained, however, but two years, and had no practice worth mentioning.

The first Clevelander who became a permanent practitioner was Alfred Kelley, who had the remark- able experience of being admitted to the bar and appointed prosecuting attorney on the day he became twenty-one years old, which was in November, 1810, a year and a half after Cleveland had been made the seat of justice of Cuyahoga county, and six months after that county had been duly organized by the election and appointment of the necessary officers of justice.

Even Mr. Kelley's practice was not extensive. Competition is said to be the life of business. and certainly it must be not only lonesome but unprofita- ble for a lawyer to practice law alone. Mr. Kelley usually acted as prosecuting attorney in the few crim- inal eases which were tried in this county: his adroit- ness was frequently tested in suits before justices of the peace, and occasionally he contested civil actions in courts of record with counsel resident in other counties.

Mr. Kelley was a man of unquestioned ability and great industry, and withal of good personal presence, whose broad forehead covered an ample brain: whose thin. firm lips, betokened an unbending will, and whose clear, blue eye reflected the workings of a can- did mind. Possessing the entire confidence of his fellow citizens, he was several times elected to repre- sent them in the legislature, and in 1822 was ap- pointed canal commissioner. After the construction of the canal was begun, in 1825, he devoted himself entirely to that work, and his subsequent career is narrated in the sketch of his life, which is published a little farther on.

The second practitioner came in 1818. a remarkably tall and slender Vermonter, twenty-six years old, six feet three or four inches high, with a keen eye, a sharp face, fair professional knowledge, unbounded energy and great skill in adapting himself to the exigencies of frontier law-practice. This was Reuben Wood, destined to marked prominence as an advocate. as a judge, and finally as governor of the State. With two lawyers in the place business began to grow brisk, and the active young man from the Green Mountains soon showed himself quite able to compete with his carlier rival, or with any one else he was likely to meet in this part of the country. Not, perhaps, so pro-

foundly versed in old book-law as a barrister of the In- ner Temple might deem necessary, he had a first-rate practical knowledge of the law necessary to use before an Ohio jury, and had all his knowledge and all his faculties at perfect command during the trial of a case. In the increasing prosperity of the village and county he speedily made his way into a first-rate practice. His career as a public man is outlined in the sketch published in this work.

Samuel Cowles, who came about 1819, was an entirely different type of man. Thoroughly read in the law, cautions, industrious and reliable, he lacked the dash of Mr. Wood, and failed to make as rapid headway either in public life or as a jury lawyer. He, however, did a large and lucrative business: being one of the safest of counselors, and being implicitly trusted by numerous eastern clients. " His word was as good as his bond," say those who knew him, and in the long run this perfect reliability of character produced its natural results in the acquisition of some of the best kind of business.

Some people were a little disposed to sneer at him as " Father Cowles," but "Father Cowles " kept on the even tenor of his way and met with no small share of success. In 1837 he was appointed a judge of the court of common pleas, and died while holding that office.

Leonard Case, a man of somewhat similar type to Mr. Cowles, who came to Cleveland in 1816, did not attempt to practice law until several years later. In fact, he never did a general business; his legal knowledge being confined principally to the laws re- lating to land in the State of Ohio. On this subject he was unsurpassed and perhaps unequaled, and, as he was one of the most upright of men. his counsel in regard to the law of real estate was considered of great value. As his property increased, however, he withdrew from the practice of law altogether, attend- ing only to his land business. His long and benefi- cent career is elsewhere mentioned in this work.

John W. Willey, a native of New Hampshire, and a graduate of Dartmouth College, came to Cleveland in 1822. at the age of twenty-five, and speedily ac- quired a good practice. More feeble in body, his type of mind was something like that of his competitor, Mr. Wood-prompt, alert, vigorons, ingenious, fairly well versed in the law, and extremely well versed in human nature. These were the qualities most con- ducive to rapid success, and Messrs. Wood and Wil- ley were soon noted as good jury lawyers, and for a time almost monopolized that class of business. Mr. Willey was also an active politician, served several years in the legislature, and was finally appointed president judge of this judicial circuit, and died in that office in 1841.

The only person who is known to have joined the Cleveland bar between 1823 and 1826 was Woolsey Welles, a brother-in-law of Alfred Kelley, who was admitted in 1823, but remained only two or three years.

THE CLEVELAND BAR.

But after the canal was begun and the possibilities of Cleveland began to develop themselves, those who had previously had control of the legal field were not long left to its unchallenged occupancy. And now we come to the most remarkable coincidence we have met with during our labors as a local historian. In the year 1826, fifty-three years ago, five young men, from twenty-one to twenty-six years old. residents of Cleveland, were admitted to the bar. These were Horace Foote, William McConnell, Harvey Rice, John W. Allen and Sherlock J. Andrews. Messrs. McConnell. Rice and Allen were admitted together by the cirenit court in the summer; Mr. Foote was also admitted in the summer, though separately from the others. Mr. Andrews went to Columbus in De- cember and obtained admission. Of those five young lawyers, four are now living, and all are residents of Cleveland. Every one of those who made Cleveland his permanent home is still living in that city.

Mr. McConnell, who was a native of Virginia. practiced only a year or two in Cleveland, then re- turned to Wheeling, in that State, and served awhile as a member of the Virginia legislature, but died there nearly forty years ago. Mr. Foote went to New England soon after being admitted, and remained there until 1836, when he returned to Cleveland, where he has ever since resided.

That four out of five young men, thus thrown to- gether, should survive the vicissitudes of American life until all are nearly eighty years old is very re- markable indeed; that in this changeful western world, and especially on the western side of the Al- leghanies, they sheuld all four, after so long a period, be residents of the same city in which, then a feeble village, they resided on their admission to profession- al life, is something little less than marvelous, More- over, all the four were natives of New England, and all have met with marked success in their respective careers. Two (Messrs. Allen and Andrews) have been members of congress; Messrs. Andrews and Foote have been judges, and Mr. Rice was long known as a prominent citizen and a successful man of business. Certainly one must needs be tempted to doubt the prevalent opinion that American life conduces to break down the health and strength of the people.

Cleveland could now be said to have a bar instead of only two or three smart practitioners. Mr. Rice devoted himself more to other labors than to those of the legal profession, and Mr. Foote, as has been said, spent the next ten years at a distance; but Messrs. Allen and Andrews entered at once into the active business of their profession. It is more difficult to speak of the professional acquirements of these than of those who have passed away. Mr. Allen's ability and activity are shown by the fact that in ten years from the time he was admitted to the bar, and while only thirty-four years of age, he was elected to a seat in the national house of representatives. Judge An- drews' extraordinary powers of labor and endurance are amply evidenced by his continuance in the active

duties of his profession for fifty-thice years. stol month the great age of seventy-eight.

And it was no hght labor, even physically. that the lawyers of fifty years ago had to perform. Only two or three sessions of the higher courts were held at Cleveland during the year. Others were hekl i sur- rounding counties, and the lawyers frequently had to travel with the courts from one county to another to attend to the business of their widely-scattered con- stituency. In stage-coaches which bounded with joint-racking severity over the stumps and roots of the forest roads: in sleighs, in which an ample supply of buffalo robes scarcely protected the inmates from frosted ears and noses: often on horseback, making their way through mud of unconscionable depth. the disciples of Blackstone had no easy road to follow in their pursuit of fame and fortune. As Cleveland in- ereased in population, business became more conven- centrated, and for the last thirty years it ha- only been on extraordinary occasions that counsel have been required to go elsewhere to try their cases, and then the ready railway has deprived the journey of all its ancient terrors.

After the large crop of enduring young lawyer- ad- mitted in 1826, there were no other admission- of Clevelanders to the bar until 1831. when there was one. There was at least one aceession in the mean- time, however, that of Samuel Starkweather, who came in 1821. He was a native of Rhode Island, and a graduate of Brown University, in that State. A man of decided natural ability, he gave himself as much to polities as to law; was collector of customs under Presidents Jackson and Van Buren: was elected mayor of the city in 1844. and was chosen a judge of the common pleas in 1852. serving five years. In 1832 occurred the first admission of one who had been bred from extreme youth at Cleveland. This was Samuel Williamson, who practiced successfully until 1812. (except while county auditor for eight years). and who was especially skillful in the management of complicated cases connected with real estate and with the property of deceased persons.

In 1833 there were two admissions. one of those admitted being John C. Foote, son of Senator Foote. of Connecticut, whose resolutions-"Foote's Resolu- tions "-gave rise to the celebrated debate between Webster and Hayne. Philip Battell, one of the two admitted in 18:4. was a son-in-law of Senator Sey- mour, of Vermont, an inveterate reader. thoroughly informed on almost every subject, but not so enam- ored of labor as to address himself seriously to the difficult task of making a place for himself among the hard-working, wide-awake members of the Cleveland bar. He practiced here but a short time, and then returned to Vermont.

In 1835 the number of Clevelanders admitted rose to seven. the list being headed by the name of G. W. Lynde, who is still a resident of the city. Flavel W. Bingham. one of the others then admitted. became an active practitioner and a most worthy citizen, and

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was long a member of the city council. Seth T. Hurd. also one of the admissions of that year, was a peculiar genius, who had many of the elements of a popular orator. He became, in fact, more famous as a stump-speaker than as a lawyer, and after a few years stay in Cleveland went to Washington, Pennsyl- vania, where he died. Another of the men of 1835 was John Barr, a well read lawyer and a most excel- lent man, who was police judge of Cleveland several years, and who deserves especial mention in a work of this character on account of the intelligent interest which he took in the history of Northern Ohio, and the labor which he spent in colleeting manuscripts bearing on that subject. H. L. Hosmer, likewise ad- mitted in that year, was a student of Hon. J. W. Allen. He soon went west, where he had an active career. He was a few years since chief justice of Montana Territory, and is now a resident of San Francisco, California.

But the most distinguished of the gradnates of that year was Thomas Bolton, a native of Cayuga county, New York, and a graduate of Harvard University, who had arrived at Cleveland the year before, and who very speedily took high rank both as a sound lawyer and a brilliant advocate. Such was his ability and popularity that in four years after his admission he was elected prosecuting attorney on the Democratic ticket, although the county usually gave a Whig ma- jority of fifteen hundred. A large full-faced man, with ample forehead, open countenance and frank de- meanor, his nature corresponded to his appearance, and his genial disposition attracted as much admira- tion as his legal ability. For many years the firm of Bolton and Kelly stood in the front rank of the legal talent of Cleveland. Becoming dissatisfied with the tendencies of the Democracy Mr. Bolton joined the then feeble band of free-soilers in 1848, and aided to organize the Republican party in 1855. By them he was elected judge of the common pleas in 1856, and re-elected in 1861: retiring finally from the bench and bar in 1866.

Mr. Bolton's partner, Moses Kelly, a native of Livingston county, New York, who was admitted two years later, was also a graduate of Harvard. and was a man of extraordinary strength of character, whose stern Scotch-Irish features, surmounting a tall, spare form, were the reflex of the unbending soul beneath. Less facile in accommodating himself to circumstances than is usual with Americans, no one ever doubted his great ability or his unflinching principle. Elected to the legislature by the Whigs. he several times op- posed with all his might measures supported by his party, and in nearly every instance the justice and soundness of his course were demonstrated by subse- quent events so plainly that those who opposed him were compelled to admit the propriety of his action. While they were seeking a politic course he worked from principle, which is itself the highest policy.

Another young firm formed at this period, which long stood in the very foremost rank of Cleveland

lawyers, was that of Payne & Willson, composed of Henry B. Payne and Hiram V. Willson. These gen- tlemen, both natives of Madison county, New York. and both graduates of Hamilton College in that county, came to Cleveland in 1833, entered into part- nership, and for twelve years pursued a professional career of very remarkable success. For several years they brought two hundred and fifty cases in the court of common pleas annually, and defended nearly twice as many. Mr. Payne retired from the profession in 1845, on account of ill health; a sketch of his life is given a few pages farther on. Mr. Willson re- mained in it until 1854, when he was appointed by President Pierce the first judge of the newly created Northern District of Ohio. Though a strong Demo- crat in politics, he was unflinchingly impartial upon the bench, and upon the outbreak of the rebellion he did not hesitate to take the most decisive stand in favor of the maintainance of the government. In a charge to the grand jury at that period he said:

" Let the motives of the conspirators be what they may, this open, organized and armed resistance of the United States is treason, and those engaged in it justly merit the penalty denounced against traitors."

In January, 1864, when excitement was running high in opposition to the draft, and many of his col- leagues were denying its constitutionality, Judge Will- son delivered a charge clearly showing its accordance with the Constitution, and the duty of all good citi- zens to obey the law. Judge Willson died in Novem- ber, 1866, respected by men of both parties and of all conditions.

Franklin T. Backus, a native of Berkshire county, Massachusetts, and a graduate of Yale college, was of a somewhat later period, having been born in 1813 and admitted to the bar from the office of Bolton & Kelly in 1839. He soon became a partner of Jesse P. Bishop, and the firm was maintained for fifteen years. Mr. Backus was a good lawyer and a most honorable man. His ability was recognized by the public, and he was twice nominated for judge of the the supreme court of the State: failing to be elected only because his party was defeated. Judge Bishop, his partner, is a native of Vermont but is a graduate of Western Reserve College at Hudson in this State, and was one of the very first graduates of that col- lege-we think the first-to be admitted to the Cleve- land bar. His success as a lawyer and jurist is well known.

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History of Cuyahoga County, Ohio, Part 78

Author: Johnson, Crisfield Publication date: 1881 Publisher: Philadelphia : J.B. Lippincott & Co. Number of Pages: 716

Author: Johnson, Crisfield
Publication date: 1881
Publisher: Philadelphia : J.B. Lippincott & Co.
Number of Pages: 716