History of Cuyahoga County, Ohio, Part 97

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


USA > Ohio > Cuyahoga County > History of Cuyahoga County, Ohio > Part 97


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In 1860, important decisions were made in respect to the extent of United States jurisdiction on the West- ern lakes and rivers. It was decided, and the decision was supported by voluminous precedents, that the admiralty and maritime jurisdiction possessed by the distriet courts of the United States, on the Western lakes and rivers, under the constitution and the act of 1789, was independent of the act of 1845, and unaf- fected thereby; and also that the district courts of the United States having, under the Constitution and the acts of Congress, exclusive original cognizance of all eivil causes of admiralty and maritime jurisdic- tion, the courts of common law are precluded from proceeding in rem to enforce such maritime claims.


In a criminal case the question was whether the action of a grand jury was legal in returning a bill of indictment found by only fourteen members of the jury, the fifteenth member being absent and taking no part in the proceedings. After reviewing the matter at length and citing numerous precedents, Judge Willson pronounced the action legal.


In 1858 the historical Oberlin-Wellington resene case came before him, a case growing out of a viola- tion of the fugitive slave law by certain professors and leading men of Oberlin College and town, who had rescued a slave captured in Ohio and being taken back to Kentucky under the provisions of that law. Indictments were found against the leading res-


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cuers, and their trial caused great excitement. They were convicted, fined and imprisoned. The result caused a monster demonstration against the fugitive slave law, which was held in the public square, mid- way between the court-house and the jail.


In this trying time Judge Willson remained calm and dispassionate, his charges merely pointing out the provisions of the law, and the necessity of obeying it, no matter how irksome such obedience, until it was repealed.


During the excitement caused by the John Brown raid, and afterward on the breaking out of the rebel- lion, he defined the law in regard to conspiracy and treason, drawing with nice distinction the line be- tween a meeting for the expression of opinions hostile to the government, and a gathering for violently op- posing or overthrowing the government.


At the Jannary term in 1864 be delivered an ad- mirable charge, in which he discussed the mestions arising from the then recent act of Congress, author- izing a draft under the direction of the President, withont the intervention of the State authorities, and conclusively established the constitutional validity of the act in question.


The judicial administration of Judge Willson was noticeable for its connection with events of national importance, and our limited space will allow us to quote but few of the important cases which came be- fore his court. And here it should again be repeated that in all his condnet on the bench he was entirely free from personal or party predelictions. In 1865 his health began to fail and symptoms of consump- tion appeared. He yielded at last to the persuasions of his friends to seek the restoration of his health in a milder climate, and, upon the approach of the win- ter, visited New Orleans and the West Indies. The weather proved unusually severe for those latitudes and he returned without benetit from the trip. lle grad- ually sauk under the attacks of the fell disease, and died on the evening of the 11th of November, 1866. A few hours before his death he suffered much, but he became easier and passed away without a struggle. Some months before he had been received as a mem- ber of the Presbyterian Church, of which he had long been a member and an active supporter.


On the announcement of his death the members of the Cleveland bar immediately assembled, and all vied with each other in rendering testimony to the integ- rity, ability and moral worth of the deceased. The bar meeting unanimously adopted resolutions of re- spect, in which he was truthfully described as "a learned, upright and fearless judge, ever doing right and equity among the suitors of his court, fearing only the errors and mistakes to which fallible human judgment is liable." Not a word of censure was breathed against any one of his acts, and tributes of heartfelt commendation of his life, and sorrow for his loss were laid on his grave by men of all parties and shades of opinion. He was married, in 1835, to the widow of Mr. Ten Eyck, of Detroit, Michigan,


who survived him. He also left a daughter, Mrs. Chamberlain.


RUFUS KING WINSLOW.


Richard Winslow was a direct descendant from Kenelm Winslow, brother of Governor Edward Winslow, of Plymouth Colony, and one of the May- flower Pilgrims. Ile was born in Falmouth, Maine, on the 6th of September, 1769. He left that State in 1812, and removed to North Carolina, where he established himself at Ocracoke. Ile became largely interested in the commerce of that place, both by sca and by land.


In May, 1831, he arrived with his family in Cleve- land, determined on investigating the chances which were then attracting considerable attention. He in- vested his capital in mereantile and shipping interests, and in addition became agent for a line of vesels between Buffalo and Cleveland, and also of a line of boats on the Ohio canal. Ilis first venture as a ship-owner was the brig " North Carolina," built for him in Black River. He afterwards became interested in the steamer " Bunker Hill," of four hundred and fifty-six tons, which at that time was considered a very large size. These were the forerunners of a long line of sail and steam vessels, built for or pur- chased by him, alone or in connection with his sons, who became partners with him in the business. The Winslows became widely and favorably known and ranked among the foremost ship-owners on the wes- tern lakes. In 1854 Mr. Winslow retired, leaving his interest to be carried on by his sons, who inherited his business tastes and abilities.


For twenty-five years he had been in active busi- ness on the lakes, but he was destined to enjoy his retirement only for the short space of three years. In 1857 he met with an accident which seriously affected a leg he had injured years before, and re- sulted in his death, he being in the eighty-eighth year of his age.


Throughont his long and active life he enjoyed the respect of all with whom he was brought in contact, whether in business or social relations. lle was a gentleman in the highest sense of the word, warm and impulsive in his nature, courteous to every one and strongly attached to those he found worthy of his friendship. In business he was quick to perceive and prompt to act, but was free from the least suspicion of meanness or duplicity.


As a citizen he took a deep interest in public affairs, but was not a politician and neither sought nor de- sired public office of any kind. He was married to Miss Mary Nash Grandy, of Camden, North Carolina. By this union he had eleven children, of whom N. C., H. J., R. K. and Edward survived him. Mrs. Winslow died in October, 1858, having outlived her husband a little over one year.


His son, Rufus King Winslow, was born in Ocracoke, North Carolina. Ile came with the family to Cleve-


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land in 1831, and was educated at the old Cleveland academy. When he reached his majority he became associated with his brothers, N. C. and H. J. Winslow, in the shipping business, their father being, as already stated, a large owner of vessels on the lakes. The family had, indeed, from their first arrival in Cleve- land, been among the foremost, if not at the head of all, in the ownership of vessels: they having a large fleet of ships always on the lakes, In 1854, when the father retired from active business, the management of the family's interests devolved upon Rufus K. and his brothers. Upon the death of their father in 1857, the business was left wholly to them.


It has sinee that time been successfully carried on, he remaining in Cleveland, whilst one brother settled in Buffalo and the other in Chicago. In 1859 and 1860 they dispatched some vessels to the Black Sea. but most of their operations have been confined to the lakes, on which they are still extensively engaged.


Mr. Winslow is also a large real estate owner, and although an enterprising and pubhe-spirited citizen, has avoided political life, having invariably declined to accept positions of pubhe trust. During the re- bellion he was an active and liberal supporter of the Union. lle is deeply interested in scientific pursuits, and for many years has been a devoted student of ornithology. In 1873 he was elected president of the Kirtland Academy of Natural Sciences, of which he bad for a number of years been an active member. He is well known as a skillful connoisseur in paint- ings, and a liberal patron of art in all its branches.


lle has never sought notoriety of any description, and is seldom seen at publie gatherings. When oc- casion demanded it, however, he has always been found ready to take an active part in works of beney- olence or publie enterprise. Hle is a member of the Western Reserve Historical Society, and has ever been an earnest supporter of educational interests. llis sound judgment and correct taste have frequently rendered good service in devising and carrying out plans for charitable or other purposes. He was mar- ried in 1851 to Miss Lucy B. Clark, daughter of Dr. W. A. Clark, of Cleveland.


REUBEN WOOD.


This carly lawyer and statesman of Cleveland was born in the year 1192, in the county of Rutland, and State of Vermont. Brought up on a farm, he acquired suthieient education to teach school during the winter months, and made this the stepping stone to higher acquirements. Finding special facilities in Canada he went over the line to prosecute his studies, but was compelled to return by the breaking out of the war of 1812. Having already begun the study of the law, he completed it with Gen. Clark, a prominent lawyer of Middletown, Vermont, and obtained admission to the bar.


In the year 1818 he was married, and immediately afterward removed to Cleveland, then a small but


promising village, closely surrounded by woods. His only rival there in the legal profession was Alfred Kelley, except Leonard Case, who paid little attention to law except in connection with land. Mr. Wood being a wide-awake, energetic man, well suited to the western country, soon obtained a good practice, in which he was actively engaged for twelve years. His characteristics as a lawyer have been mentioned in the chapter devoted to the early bar of Cleveland.


His practice was somewhat interrupted by his elec- tion to the State senate in 1825, a position to which he was twiee re-elected.


In 1830 Mr. Wood was elected by the legislature president judge of the third judicial circuit. He was, as described by an old lawyer, especially good as a nisi prius judge-that is, in presiding over the trial of suits-his quick, active mind enabling him to catch easily the main points of a case, to understand readily the bearing of evidence, and to appreciate off-hand the points of a lawyer's argument. In 1833 he was elected a judge of the supreme court of the State, and at the end of his term, he was re-elected. For the last three years of his second term he was the chief justice of the court.


Judge Wood was elected governor of Ohio in 1850 by the Democratic party, by a majority of over eleven thousand. Ilis official term was brought to a close within a year by the adoption of the new constitution, but in the autumn of 1851 he was a candidate for elec- tion under that instrument, and was chosen by a ma- jority of about twenty-six thousand. During both ternis he served to the satisfaction of the people, and obtained a wide reputation for ability. When it was found impracticable, at the Democratie National con- vention of 1852, to nominate one of the leading can- didates for the Presidency, Gov. Wood was strongly talked of as a compromise candidate. The position, however, was tinally assigned to Franklin Pierce, of New Hampshire.


After the expiration of Gov. Wood's gubernatorial career he was appointed, in 1853, by President Pierce, as consul at Valparaiso, in the republic of Chili. While there he acted for a short time as minister to Chili. On his return he retired to a farm in the town- ship of Rockport, where he resided until his death, which occurred on the 2d day of October, 1864, he being then seventy-two years old.


The characteristics of Mr. Wood's mind were quick- ness, promptness, acuteness and thorough knowledge of human nature: all qualities especially calculated to promote his success in a new, wide-awake, go-ahead country.


TIMOTHY DOANE CROCKER.


Timothy Doane Crocker, a lawyer and capitalist of Cleveland, is descended on the paternal side through J. Davis Crocker, formerly of Lee, Massachusetts, in a direct line from the Croekers who settled at Cape Cod, shortly after the landing of the Pilgrim fathers


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upon Plymouth Rock. ITis mother is a daughter of Judge Timothy Doane, a native of Iladdam, Connec- ticut. The old Doane mansion is still standing, the ancient frescoes of which represent scenes familiar to the patriots of the Revolutionary days. One of Mr. Crocker's name-a historical character-was a captain in the British navy before the Revolution, and was at one time governor of Long Island, under British rule.


Mr. Crocker's paternal grandfather was a prominent citizen of Lee, where he owned an extensive landed property. Being urged by his pastor, Dr. Ilyde, and others, to head a colony of immigrants to Ohio, he consented to do so. Before leaving for the new settle- ment the colony organized a church, and he was chosen one of the officers.


Hle traveled to Ohio in 1811 in his own private ear- riage, which was said to be the first pleasure carriage driven through to the Reserve. lle purchased large tracts of land in Euclid and Dover townships, the village of Collinwood being now situated on a portion of the former tract, which was extensive and valuable, reaching to the lake, and as far west as the Coit farm.


Although quite young at the time of the Revolution, this gentleman was in the military service before its elose, and was on General Washington's staff. After the passage of the act giving pensions to those who survived the war, he was urged by his friends to ap- ply for one. ITis reply was: " I would never be guilty of receiving reward for services rendered my country in time of peril and need." He was a gentleman of sterling qualities of head and heart, unblemished in- tegrity, well informed, and one whose advice was sought from far and near. In this connection it is worthy of note that no representative of that branch of the family was ever known to be a drunkard, al- though in early times a sideboard was esteemed a household necessity.


The father of the subject of this sketch, who was quite young when the family came to Ohio, possessed then, to a large degree, his father's superior quali- ties. He had four children-Sarah, who married Rev. E. Adams, an Episcopal clergyman, (of the family of John Adams, of Massachusetts); Mary, who married Judge P. H. Smythe of Burlington, Iowa (a descendant of the Patrick Henry family of Virginia); Timothy Doane; and Davis J., a lawyer, of Chicago.


The heads of the family of Mr. T. D. Crocker's mother, on the paternal side, were, for at least three generations, sea captains, owning the vessels they commanded, and trading to the Indies. John Doane, the founder of the family in this country, crossed the Atlantic in one of the first three vessels that sailed to Plymouth. He was prominent in the affairs of the colony, and in 1633 was chosen assistant to Governor Winslow. Subsequently he was one of the commis- sioners chosen to revise the laws; in 1642 he was again chosen to be Governor Winslow's assistant, and for several years he was selected as a deputy in the colony court.


Judge Timothy Doane moved from Connectieut to


Ilerkimer county, New York, about 1794. In 1801 he migrated to Enelid, now East Cleveland, in this county. With his family he made the journey from Buffalo to Cleveland in an open boat rowed by In- dians, landing where night overtook them, only to resume their travels the following day. Near Grand river they saw a storm approaching and attempted to land, but their boat was swamped. All were saved, however, and Mr. Doane and his family continued their journey to Cleveland on horseback along the Indian trail. At this period the mother of the sub- jeet of our sketch was five years old, and at the present time (September, 1879.) is still living, in the full possession of her faculties, and thoroughly familiar with the growth and development of the country, especially in northern Ohio. During the warof 1812, and, later, during the rebellion of 1861-65, she was very active in giving and and comfort to the sick and wounded soldiers, and good cheer to those in health. She is a woman of liberal and intelligent views, accomplished, and beloved by all who know her.


At the period of Judge Doane's advent, there were but three log houses where now stands the beautiful city of Cleveland. West of the Cuyahoga was Indian territory, and Judge Doane found the Indians to be peaceable and good neighbors. They were always re- ceived at his house as friends, and on many a night, Indian-like, they would wrap themselves in their blankets and sleep around the Judge's cheerful fire. In appreciation of his kindness they would frequently present him with some of the best venison or fish which their skill could procure.


During the first year of his administration the first governor of Ohio appointed Judge Doane to be a jus- tice of the peace. The original commission is now in possession of Timothy Doane Crocker, and reads as follows:


EDWARD TIFFIN, Governor, in the name and by the authority of the State of Ohio:


To all who shall ser these presents, Greeting:


Know ye, that we have assigned and constituted, and do by these presents constitute and appoint, Tim- othy Doane, Justice of the Peace for Cleveland Town- ship, in the county of Trumbull, agreeably to the laws, statutes and ordinances in such case made and provided, with all the privileges, emoluments, etc., for three years from the date hereof, and until a sue- cessor shall be chosen and qualified.


In witness whereof, the said Edward Tiffin, Governor of the State of Ohio, hath caused the seal of the said State to be herennto affixed, at Chillicothe, the 14th day of July, in the year of our Lord, 1803, and of the independence of the State of Ohio, the first. By the Governor, EDWARD TIFFIN.


WM. CREIGHTON, JR., Secretary of State. [L.S.] (Private seal. The State seal being not yet procured.)


Subsequently Judge Doane served as associate judge for many years.


At an early age, Timothy Doane Crocker exhibited those traits of character-energy, integrity and per- severance-which proved the beacon lights in his after


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career. In his youth he worked on his father's farm during the springs, summers and antumns, and in the winters attended a distriet school. He early showed especial facility in mathematies, and when only thir- teen was a thorough arithmetician, being able to solve mentally many of the most difficult arithmetical prob- lems. From the distriet school he went to Twinsburg academy, where his expenses were defrayed by the manual labor he performed. and where, by habits of industry, he undoubtedly laid the foundation of his successful hfe. Subsequently he attended Shaw acad- emy and afterward entered Western Reserve College, where he paid the most of his expenses by his own labor. lle was graduated in June, 1843, taking high rank both in scholarship and deportment-no unfa- vorable "mark" having been recorded against him.


In the fall of 1843. m which year his father died. he became principal of a select school near Bowling Green, Kentucky, proscouting assiduously, at the same time, his classical and other studies. During his two years and a half stay at Bowling Green. he developed a high order of talent as an educator and disciplinarian. On his return to Cleveland in 1846, he read law in the office of Allen & Stetsou for a few months, and then entered the law school of Harvard University, from which he was graduated in 1848; having previously-in 184; been admitted to practice at the Middlesex ( Massachusetts, ) bar, after a severe examination in open court by Chief Justice Wills.


Ile returned to Cleveland the same year, and in November again left home-this time for Burlington. Towa-spending the winter in the office of Grimes & Starr. In March, 1849, he opened an office, and was engaged in active practice until 1864. Hle dis- tinguished himself as counsel in many important cases, in which some of the best legal talent in the State was opposed to him. His practice rapidly in- creased until it became worth ten thousand dollars a year: an exceedingly large one in a city of the size of Burlington, and one of the largest in the State of Iowa. He invested his professional gains in land, be- coming a large landholder in lowa, Missouri, Illinois, Michigan, Pennsylvania and Ohio, and this real estate has now mereased very greatly in value. Mr. Crocker was also attorney for the Chicago, Burlington and Quiney railroad company from the time that it broke ground on the east side of the Mississippi. He be- came interested in other railroads as well as in plank- roads in that section, and was a stockholder and director in the Burlington Bank.


The health of his wife demanding a change of resi- denee, he removed his family to Cleveland in 1860. Sinee elosing his legal business (about 1864) the care of his estate has required all the attention he could give to business matters. He has, however, been prominent in the support of benevolent institutions, and in the promotion of religious education. Ile was president for several years of the Sabbath School Union, and superintendent for ten years of the Mis-


sion Sabbath School of the First Presbyterian Church, of Cleveland, of which latter body he was a member. The school had but eighty pupils when he took charge of it. while at the time of his resignation there were one thousand enrolled, seven hundred of whom were reg- ular attendants.


Ile is one of the trustees of the Western Reserve College. at Hudson. (in aid of which he has given ten thousand dollars), and of Mount Union College, of Alliance, Ohio, in which latter institution he is also the lecturer on political economy and commercial and international law.


Mr. Crocker has ever eschewed polities so far as seeking politieal preferment is concerned. In lowa he was often solicited to be a candidate for judge of the district court, but declined the honor. During the war for the Union he devoted much time and money to the national cause, and rendered valuable service to the Christian Commission on the Potomac.


His success in life has been due not only to great industry and energy but to a peculiar and intuitive faculty of seizing the right opportunity at the right moment, together with the foresight to determine accurately the probable results of an undertaking.


Mr. Crocker is one of the few representative men of Cleveland who are natives of Cuyahoga county. He was married in September, 1853, to Eliza P., only daughter of the late Win. A. Ous. Esq., of Cleveland and has had five children; three sons and two daugh- ters.


RUFUS P. RANNEY.


The subject of this sketch has been a resident of the city of Cleveland for the last twenty-one years. He was born in Hampden county, Massachusetts, October 30, 1813. His father, who was a farmer of moderate means in that rugged region, having ex- changed his land for a larger tract in the West, re- moved with a large family in the Fall of 1824 to what was afterwards known as Freedom, in the county of Portage, in this State, and erected a log hut near the center of a nearly unbroken forest of about seven miles square, without roads, schools of churches and still filled with wild beasts, including the bear and wolf, in such numbers as to make the rearing of domestic animals next to impossible. It is needless to say that such a state of things must be attended with many privations, and, for those who had noth- ing but wild land, the provision of food and clothing became a consideration of the first necessity.


To secure these, the land must be cleared of the heavy timber upon it, and to this very hard labor, for a growing boy, Rufus P. devoted himself for the next six years, with only one winter's schooling in a neighboring town during the period. This course of life then began to tell on his health, and an irresisti- ble desire to acquire some education ensued, which his parents warmly seconded by their wishes, although


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they were ignorant of the way to accomplish it, and without the means to furnish any considerable aid.




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