USA > Ohio > Darke County > History of Darke County, Ohio, from its earliest settlement to the present time, Volume I > Part 44
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In mid May, 1868, a spare looking young man of twenty- three, arrived in Greenville. Sun-tan gave a healthy color to his face and his long curly hair gave him a look of import-
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ance. The countenance of Charles Anderson was grave and thoughtful. He had a high, straight forehead, a nose less aquiline than Roman: His heavy eyebrows, his high cheek bones, his chin long, but well formed denoted a man of reso- lution. Such was the appearance of Charles M. Anderson, who was born in Juniata county, Pennsylvania in 1845. He had taught school, had served in Ohio regiment during the war as a private soldier and was honorably discharged the day he was twenty-one years old in 1866. For some months subse- quent to his return from the army he attended the Normal school at Lebanon and also took up the study of law. After his admission to the bar he at once engaged in practice, open- ing an office in Greenville, where he rapidly rose to a posi- tion as a leader of the bar. He had a fluency of language almost startling in its depictures and developed fine oratorical powers.
Quoting Judge Clark: "On great occasions, when he, as if by magic, had reached the soul of his audience, and their hearts and his beat in unison, it seemed he heard the echo of the distant footsteps of the great old master, and their rounded sentences perfect diction, lofty and inspiring senti- ment, and matchless eloquence seemed to be ringing softly in his ears, and filled his soul with the melody of sweet music and at such times, all the magnetism and energies of his be- ing were put forth, and his words flowed as smoothly as the running brook, but with the force, grandeur and sublimity of Niagara." He was always a close and discriminating student of political questions and in 1878 made an effort to secure the nomination for congress. The convention met in Sidney, Ohio, and continued in constant session for three days and three nights, and Mr. Anderson was defeated for the nomina- tion by one and one-quarter votes. Again on the 7th of Au- gust, 1884, he was a candidate for nomination for congress which resulted in his securing the nomination on the first ballot. He was elected the following October and served in the forty-ninth congress until 1887.
In January, 1884, Mr. Anderson was commissioned judge advocate general of Ohio by Governor Hoadley, which posi- tion he held during the term of that chief executive. During the time of the riot in Cincinnati by virtue of his office Mr. Anderson was on duty most of the time, being second in com- mand. In 1890 he was appointed by Governor James E. Camp- bell, one of Ohio's commissioners at the world's fair at Chi-
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cago. In 1894 he was chosen by a joint resolution of the two branches of congress as one of the board of managers for the national home for disabled volunteer soldiers, which office he filled for six years with such credit as to secure a reappoint- ment. He was a prominent member of the Masonic and other organizations in Greenville and was an officer and the largest stockholder in the Greenville law library. He traveled exten- sively in European countries and was an authority not only on Shakespeare and Napoleon, but also on Egypt. He had a very fine private library with the contents of which he was familiar. In fine, he had few peers in this section of the state.
Orla E. Harrison was born near Hollansburg, in 1873, grad- uated from Greenville high school in 1892 and received the degree of Bachelor of Science from the National Normal Uni- versity at Lebanon. After teaching for a few years, he read law with Judge Allread and was admitted to the bar in 1897. He was secretary of the Darke County Agricultural Society and was not only the youngest member of the Ohio Senate in 1901 but was the first republican elected to that office from Darke county. Subsequently he occupied important positions in the office of the attorney general of Ohio, and in the office of the attorney general of the United States, and is now prac- ticing in Columbus, Ohio.
Robert T. Anderson, Rolin F. Crider, C. L. Brumbaugh, James Chenoweth, Albert E. Fouts, A. Alvin North, Milton Lee Clawson, Warren C. Swisher, Volney Williams, E. L. Bigler, Alonzo S. Thomas, O. A. Baker, Charles J. O'Connor, Alfred C. Cassatt, Alonzo Jones, S. R. Williams, John Fox, Charles H. Miller, Harry Simon, John W. Donovan, A. V. Miller, Roy H. Jamison and Thos. Eubanks, either moved elsewhere, or took up more lucrative occupations.
The foregoing sketches of attorneys who practiced here and either died or moved away, are not to be taken as fairly setting forth the comparative merits of the persons under consideration. The brief data of some and extended notices about others is an indication only of the material readily available to the compiler at the time of preparing this chapter.
The present members of the bar of Darke county, who have not been referred to under the bench or prosecuting attorneys on preceding pages are Guy C. Baker, T. A. Billingsly, D. W. Bowman, A. C. Brandon, W. D. Brumbaugh, Claude Eliker, A. Calderwood, L. E. Chenoweth, George F. Crawford,
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H. F. Dershem, W. W. Fowler, D. L. Gaskill, J. M. Hoel, Kirk Hoffman, Thomas J. Hughes, George A. Katzenberger, O. R. Krickenberger, George W. Mannix, P. B. Miller, T. C. Miller, S. E. Mote, Marion Murphy, Geo. W. Porter, A. C. Robeson, WV. Y. Stubbs, Martin B. Trainor, Morgan L. Trainor, E. C. Wright and D. W. Younker. It would be obviously difficult to sound their respective praises without being liable to a suspicion of partiality, or possibly in some instances of prejudice. Not only are they all well able to speak for them- selves, but it is probable that extended biographies of the ma- jority will be found in Volume HI of this work. Suffice it to say that perhaps without exception they endeavor to be true to their oath as officers of the court, and that they have quali- fications other than the mere glib of their tongue.
The maintenance of law and order by the state is nothing but a continual struggle against the lawlessness which vio- lates them. As long as human nature is as it is, so long as human passions, greed and other vices cause men to do that which is not right or just, so long as the golden rule is not universally applied. so long there must be law and lawyers. It has always been custom to ridicule lawyers. Shakespeare, in Henry VI, has one character to say, "The first thing we do, let's kill all the lawyers," and Bassanio in the Merchant of Venice exclaims :
"In law, what plea so tainted and corrupt But, being season'd with a gracious voice, Obscures the show of evil?"
But after all, most lawyers are no worse than the clients who engage them. There always will be attorneys who will make a living by stirring up strife unnecessarily and taking cases that they know to be without merit, and against such lawyers even an enlightened public opinion is powerless.
We conclude from Hamlet :
"In the corrupted currents of this world Offence's gilded hand may shove by justice, And oft 'tis seen the wicked prize itself Buys out the law : but 'tis not so above ; There is no shuffling, there the action lies In his true nature ; and we ourselves compell'd, Even to the teeth and forehead of our faults, To give in evidence."
CHAPTER XXIII.
LOCAL MILITIA ORGANIZATIONS.
By Lieut. Geo. A. Katzenberger, Company MI, Third Regi- ment. O. N. G.
That a man shall serve his country in time of war, is noble, brave and patriotic; but that a man shall properly prepare himself in time of peace to serve in war is all of these things and more. It is noble with a nobility which is real, not ideal. It is brave with a bravery which assumes in time of unemotional peace many burdens, among them that of bear- ing the lack of appreciation of those who do not consider military preparation or training necessary.
In time of war reliance is first placed upon the regular army and in this free republic there is such a lack of interest in matters military and such an apprehension of the large stand- ing army that the United States at no time in its history has had a large fighting force. It seems to be felt that in time of trouble the masses would flock to the front in such num- bers and with such enthusiasm that a large standing army is unnecessary. Repeated wars since the establishment of this government have proven this faith to be well founded. For- tunately the people in the early part of our existence as a nation adopted the second amendment to the constitution to the effect that "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
The Ohio constitution for 1802 laid emphasis upon the dan- ger of a standing army but nevertheless provided for a mili- tia. The second legislature (December, 1803), organized a militia system dividing the state into districts, each of which should muster a military division. In 1811 to 1812 governor Return J. Meigs, Jr., gave the strength and equipment of the militia as follows:
Grand total 35,349
Rank and file 32,640
Firearms of all kinds 13,313
Men without arms
1 19,327
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About this time the second war with Great Britain took place and Major George Adams, of Dayton, but who now lies buried in Martin cemetery southeast of Greenville, was in command of the fort here, holding the rank of lieutenant col- onel in the militia. There were adjutants general under suc- ceeding governors but the state legislature rarely provided more than from $1.00 to $300.00, compensation for them and but little progress could be made. It seems well nigh impos- sible to impress more than a few people with the fact that a nation which goes to war unprepared, educates its statesmen at more expense than its soldiers.
Notwithstanding adverse military conditions, in time the laws of the state had so far developed as to positively require of every able-bodied man between the ages of eighteen and forty-five, to repair to a certain place in the county, to be named by the chief commanding officer, for the purpose of drill, and such a clause became part of Article IX of the Ohio constitution in 1851, and has since been retained. The place mostly selected for the purpose of drill was the county seat and the time generally some day in September or October.
The first brigadier general appointed for the county, and in the county by the governor and authority of the general assembly, was William Emerson, resident of Harrison town- ship. He was a very good looking, large and portly man, weighing 220 pounds and when dressed in his uniform had quite a military air. But as times of peace bring no laurels to the soldier, so General Emerson's term of commanding the militia of the county was without particular glory. The gen- eral with his subordinate officers generally had a gala day and a good time at muster, as whiskey was plenty and everybody approved its use. The rank and file did not enjoy the situa- tion quite so much, being under drill from 10 a. m. until 3 p. m., carrying a gun, stick or corn-stalk without much rest or shade. The drill ground was the low-lands at the south end of town where the ground is level and was finely sodded with a thick, short grass, soft as a carpet. During the interval be- tween general muster, the various companies composing a reg- inient were required to drill one day in the year in the town- ship of their residence. General Emerson continued to com- mand about ten years and had about that number of general musters at which he commanded. It may be thought by some at the present, that the old muster day was of no import- ance. On the contrary it was a day full of interest, felt by
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almost every citizen in the county. It would bring together hundreds of spectators. The manoeuvers on the field were intended to be according to Scott's tactics.
The thirty-sixth legislative session, which met in Decem- ber, 1837, and adjourned the following March, appointed as major general of the tenth division, Hiram Bell. The patriot- ism of the masses in regard to drill and mustering had greatly cooled. General Bell held two or three annual reviews and musters, and was succeeded in command by Gen. J. H. Hos- tettor. He also attempted to rally the interests of the people in matters military but the people were apathetic. He made one or two spasmodic efforts to keep up the customs but to little avail. It is not to be supposed that these generals were particularly learned in the military laws and regulations. It may be safely assumed that some of their commands were more amusing than instructive and that the time lost in at- tending the musters was worth as much as the instructions received. There are so many people who have conscientious scruples against military service, so many who are unwilling from other motives to serve, and so many who have faith in an early millennium of universal peace, that there is little wonder that people lack interest.
In May, 1846, President Polk called for 50,000 men and war was officially declared against Mexico. Not only among the militia companies but among the citizens generally there were indications of a desire to take part in the contest. The militia of Montgomery county, organized as the first brigade, which was commanded by brigadier general. Adam Speice. was attached to the tenth division of the Ohio militia, all under the command of Major General Hiram Bell, of Green- ville. A public meeting was held in the city hall in Dayton. General Adam Speice as chairman, stated that the object of the meeting was to give an expression of the sentiment of the people with reference to the war and to adopt such meas- ures as were calculated to encourage the enrollment of vol- unteers. At the close of the speaking the following resolu- tions were offered and adopted :
"Resolved, That we view with satisfaction the promptness with which our congress has drawn the sword and appealed to the God of battles to establish what has been as earnestly sought as it has been insolently refused-peace with Mexico and peace with Texas.
"Resolved. That it becomes us as American citizens, de-
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siring the success of our arms, to cast off the shackles of party and unite in carrying our country speedily and trium- phantly through the war.
"Resolved. That, as it is our duty as soldiers to be always ready, we will exert ourselves to fill up the rank of our com- panies, and whenever the requisite number of good and true men shall have been obtained, we will march to the seat of war, rejoicing in the opportunity afforded of defending our country."
Governor Bartley on May 20th in compliance with the president's requisition, issued general order No. 1. calling upon division generals to muster their commands at once and thus ascertain how many men would enlist as infantry or rifllemen for twelve months' service, unless sooner dis- charged. Major General Bell. at Greenville, received the order on the 23d and immediately ordered the tenth division to assemble by brigades at the following places :
The first brigade at Dayton. May 26th : the second, at Troy. May 27th ; the third, at Sidney, May 28th ; and the fourth, at Greenville, May 29th.
On May 28th, a meeting was held at the city hall at Dayton and resolutions were adopted to the effect that whatever dif- ferences of opinion may have existed or might still exist with reference to the canses or the necessity of war with Mexico, now that it had actually begun it was the duty of every citi- zen, as well as the dictate of enlightened patriotism. to forego those differences of opinion and to forget all other and meaner considerations for that of the glory of our cherished country, and approving the call for 50,000 men to carry on the war.
The Dayton companies were included in the first regiment. and saw service at the battle of Monterey.
It is difficult at this time to secure authentic information concerning subsequent military organizations in this vicinity. The part taken by the citizens of Darke county in the great civil conflict has been fully treated in this and other volumes, and this chapter endeavors to relate chiefly to the militia as such. In the fifties, Jonathan Crainor was captain of a mili- tary company. Harvey Mark was in command of a company called the Greenville Guards. There was also a company of militia composed chiefly of Germans under command of Cap- tain Billy Schmidt, the leading druggist. Among the mem- bers of this latter organization were Nicholas Kuntz, Fred or
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Gottfried Brombacher, Peter Ashman. Nicholas Ashman, Louis Foutz, Fred Koenig and his brother John Koenig. This organization was known as the Greenville Jaegers. There was also a company of soldier boys under command of Davis Beers.
Another company of militia was organized in April, 1881, and assigned to the Third Regiment, O. N. G., as "C" Com- pany and mustered in by Adjt. General H. A. Axline.
Edward Martin, captain.
Oscar Van Horn, first lieutenant.
E. H. Voelkle, second lieutenant.
The only services performed while Martin was in command was four days' service in connection with President Garfield's funeral at Cleveland, Ohio. Martin resigned command in September, 1883, and was succeeded by John Golenor. Among the members of this company were as follows :
Charles Balser, Tom Beanblossom, Ples Bell, Ellison Cole. Ed Craig, Horace Curtis, Dan Devilbliss, James Dick, Dixon George, Will Downey, William Dunker, Reuben Enoch. John Fight, Charles Gerstner, Tom Gibblin, Charles Gilbert, John Golenor, Samuel Hays. W. Halsted, A. L. Hays. Wm. Hays, C. Hollehan, Wm. Holsted, Jacobs Toney, Jos. Leckleider, Michael Maher, Thomas Maher, Gyp. Matchett, Capt. Ed. Martin, Dr. A. F. Markwith, Wm. Mercer, Wm. R. Miller. Frank M. Mills, Tom McCune, James Moore, Dan Murphy, Jno. F. Murphy, Samuel Ray, David Ream, David Ries. John Ries, Pete Renschler, Charles Roland, Jr., Truman Sothron, Ed Sothron, J. N. Smelker, Newton Scribner, Dan Schach- inger. James Smith, Mark Smith, I. Newton Smith, John Slonaker, Wm. Slonaker, George Smith, Charles Smith, Jacob Stickle, Wm. Stone, George Swisher, John H. Swartz, Carn Ullery, Ed Van Horn, Oscar Van Horn, Win. Webb, George Witters. George Wolf and Oliver P. Wolf.
Before this company disbanded it saw service in Cincin- nati in 1884 during the riots at the time the court house was destroyed.
Matters military were dormant until after the Spanish- American war.
Company M. Third Regiment of Infantry, O. N. G., was mustered into service February 25, 1901, by Major C. B. Adams of adjutant general headquarters, Capt. Wm. E. Ewing, assistant surgeon, as medical examiner. Muster oc- curred at the court house, Greenville, Ohio. The company
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was attached to the First Battalion under command of Major Ray M. Gilbert, with headquarters at Greenville. It is worthy of note here that Major Gilbert was exceedingly ac- tive in the organization of the company and gave much of his time later to the drilling and perfecting of the organization. Henry L. Yount, who had been a private and later second lieutenant in Company G, at Gettysburg, was chosen cap- tain, James J. Martz first lieutenant, William A. Browne, Jr .. second lieutenant. The first drills were held in the city hall and in 1901 the company headquarters were moved into the armory built for Company M. The armory is located on Walnut street, between Main and Third streets. It is cen- trally located and is ample. large and well arranged. A. V. Williams was the first sergeant of the company and was suc- ceeded by Arthur V. Miller on January 7, 1902. C. Fred Lockett was the first quarter master sergeant, but was dis- charged May 27, 1902 and promoted to adjutant to Major Ray M. Gilbert, succeeding Wm. R. Pruner, resigned, and served until 1908. The personnel of the company at its or- ganization was as follows:
Orlie R. Beanblossom, Lewis Black, Carl H. Bowman. Lynn Brown, Wm. A. Browne, Jr., Edgar A. Burtch, Orval R. Brandon, Omer Brandon, Ernest Aukerman, Vernon K. Craig, David A. Dorman, subsequently corporal, sergeant. first sergeant batallion, sergeant major and finally batallion quartermaster and commissary with rank of second lieuten- ant, remaining in the service until 1910, Robert Dalrymple, Murray Eidson, Ora W. Evans, John T. Ferron subsequently first lieutenant. Joe C. Hindsley, Orval Horlacher, Howard B. Hoel subsequently second lieutenant, Ormel A. Kellogg, Henry M. Kreusch, C. Fred Lockett, Benj. F. Martz, James J. Martz subsequently captain, Ray McFarland, James L. Morningstar, Wilber R. Martin. Dwight L. Matchette com- pany clerk, Ira A. Markwith, Arthur V. Miller subsequently second lieutenant and captain, Ray A. Mckeon, Walter S. Mckeon, Samuel Miller, Glen D. Martin, Clayton E. Noggle. Walter W. Nusbaum, Fred W. Plessinger, Patrick H. Ryan, J. E. Rooks, Wm. S. Rhotehamel, Ernest H. Reece. Fred N. Rebka. Frank Sloan, Wm. C. Snyder, Alvie D. Stocker, Fred Smith, Leslie Shoup, Richard D. Turpen, John P. Turpen, Walter I. Vogt, Robert D. Warner for many years a very efficient quartermaster sergeant in the regiment and still in
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the service, Volney Williams, General J. Young and Ilenry L. Yount.
The first non-commissioned officers were:
Sergeants: Volney Williams, Ray Mckeon, Arthur V. Miller, Ernest H. Reece, C. Fred Lockett ; corporals : Wm. C. Snyder, General J. Young, Fred W. Plessinger, Fred LaFever, David A. Dorman, Vernon K. Craig; musicians: John P. Turpen, Wm. W. Nusbaum. Miller succeeded Williams as first sergeant and Young succeeded Lockett as quartermaster sergeant ; Lynn Little succeeded Nusbaum as musician.
First camp was in July, 1901, at Toledo, Ohio. Wm. Krause, a member of the company was killed at Buffalo, N. Y., and buried by Company M, at Greenville Sunday, June 30th. Company M also officially attended the funeral of Hugh Niswonger, Henry Ficken, Edgar Burtch, William Gaskill and Jesse Lindley, U. S. A., who died in the Philip- pines.
September 19, 1901, Company M. with entire Ohio Na- tional Guard and United States troops, attended the funeral of President Mckinley at Canton, Ohio.
Thanksgiving dance was given Thursday, November 26, 1901, at which all regimental officers were present, it being a successful military and social affair, and succeeded by simi- lar events usually on Washington's birthday.
Regular encampments of State guard participated in by Company M in 1902-1903 at Newark, Ohio, which were in- structive and pleasing.
Company M, with other commands of the Third Regiment was ordered to report to Col. H. E. Mead at Springfield, Ohio, to assist in maintaining peace and protecting property March 9 to 11, 1904. Forty-eight men assembled for action in two hours' time, but no trouble was experienced at the scene of riot. June 2, 1904, Major Ray M. Gilbert resigned his commis- sion, and at a nominating convention to fill the vacancy held at Dayton, June 10, 1904, Capt. Henry L. Yount, commanding officer of Company M was nominated to fill the vacancy. Election was held June 17, 1904, at which time he was elected major. Second lieutenant W. A. Browne resigned the com- mission, same taking effect June 20, 1904. About this time the company moved into the Irwin building on East Fifth street, where it still occupies suitable quarters.
The manoeuvers in August, 1904, were in Athens county, and the encampment in August, 1906, near Bolivar, while in
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1907, the Third Regiment went to Camp Perry on the shore of Lake Erie. In 1908 the army manoeuvers were held at Fort Benjamin Harrison, near Indianapolis, Ind., September 1 to 10, and August 8 to 20, 1909, Captain Dershem was last in command of Company M, at Camp Perry, Ohio. The fol- lowing year the joint manoeuvers with the United States army was at Fort Benjamin Harrison, Captain Katzenberger being in command of the local company. The subsequent encampments until 1913 and at Dayton were under command of Captain Gilbert.
The commanding officers of Company M were successively Henry L. Yount, from the time of the muster into service February 25, 1901, until his election as major in June, 1904; James J. Martz, who had acted as first lieutenant since the organization of the company and was elected captain on August 9, 1904, he was succeeded by Captain Arthur V. Miller, who was elected October 7, 1904. The next com- manding officer was Harvey F. Dershem, who had had con- siderable experience during sixteen years as member and later officer of the very efficient company at Gettysburg. Cap- tain Dershem was in command for about three years from May 27, 1907, being succeeded in April, 1910, by First Lieu- tenant George A. Katzenberger, who had served as batallion quartermaster and commissary in 1908, and batallion adjutant for several years. This officer had command of the company during the Columbus street car riots from July 28, to August 9, 1910 and after raising the company's strength from thirty- nine to sixty-three. was elected captain September 1st of that year, and commissioned while on the road to Fort Benjamin Harrison. He was succeeded the following year by Ray M. Gilbert, who had resigned as major and now upon re- entering the service remained in command until he was, at his own request, retired January 1, 1914. The captain-elect is Charles S. Slade, a man well fitted for the position. The suc- cessive first lieutenants were: James J. Martz, 1901-04: Arthur V. Miller, 1904; Robert B. Fissel, who had been a member of the Sixth United States Infantry, 1904: James R. Marker, September, 1905-1906; George A. Katzenberger, April 13, 1910 to September 1, 1910: John T. Ferron, August 19, 1912.
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