History of Dayton, Ohio. With portraits and biographical sketches of some of its pioneer and prominent citizens Vol. 2, Part 17

Author: Crew, Harvey W., pub
Publication date: 1889
Publisher: Dayton, O., United brethren publishing house
Number of Pages: 772


USA > Ohio > Montgomery County > Dayton > History of Dayton, Ohio. With portraits and biographical sketches of some of its pioneer and prominent citizens Vol. 2 > Part 17


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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39


Mr. Smith was for a considerable time the senior law partner of Mr. Vallandigham, and afterward of Elza Jeffords, who, after the war, bo- came judge in Louisiana and a member of Congress from that State.


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Robert A. Thruston was conceded by his brethren, as stated by General Schenek, to be the most accomplished orator at our early bar, as he was one of its most promising members. He was not a man of robust physique, and died when comparatively young, universally lamented.


His eldest son, Gates P. Thruston, also a member of our bar, and a graduate of Miami University, served with distinction through the war. Hle entered the service as captain of the color company of the First Regiment of Ohio Volunteers, recruited and organized here at Dayton, and commanded by Colonel Alexander MeD. . McCook, afterward, on General McCook's promotion, by Colonel Edwin A. Parrott, also a member of the Dayton bar. General Thruston earned his rank by conspicuous gallantry in battle; was promoted to the post of adjutant. upon General Rosecrans' staff, and afterwards to the same position on the staff of Major-General Thomas. On one occasion he was promoted on the field by his chief. At the close of the war be removed to Nash- ville, where he married and entered upon the practice of the law. Property investments, united with failing health, so interfered with his professional duties as to withdraw him from active practice. He has become thoroughly identified with Nashville interests, and is engaged in the preparation of an illustrated work now in press, upon the "Antiquities of the Mound Builders," of which the vicinity of Nashville and the region of Middle Tennessee supply a most prolific and inter- esting field.


Ralph P. Lowe, another of the early Dayton lawyers, brother of Peter . and John G. Lowe, did not practice many years in Dayton. He removed to Keokuk, lowa, about 1839. He, too, was a graduate of Oxford, and attained eminence in Iowa both as a lawyer and a public man. IIc became Governor of the State, and afterward one of the judges of the Supreme Court. He removed to Washington about the year 1873, where he practiced in the higher courts, much esteemed as a lawyer and gentle- man, until his death, which occurred in 1883.


Among the group of lawyers, numbering one hundred and eleven, who came to the bar after 1840 and prior to 1860, fifty-one are dead, forty-one removed or retired to other business, and only nineteen 'are now living.


Among the deceased those who were most actively engaged in the practice and more prominent in the profession, were Wilbur Conover, Adam Clay, Abraham Cahill, John Howard, D. W. Iddings, Daniel P. Nead, Hiram Strong, Youngs V. Wood, C. L. Vallandigham, and E. S. Young.


Wilbur Conover was in his time one of the best lawyers that ever


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practiecd at the'Dayton bar. He was a graduate of Oxford (in the year 1840) and was distinguished at college for his superior faculties. He was a close student and possessed a clear, vigorous intellect. He studied law with Odlin & Schenck, and on his admission to the bar, became a member of the firm. He afterward was the sole partner of Mr. Schenck until that gentleman went to Brazil as United States minister. He then entered into partnership with Mr. Samuel Craighead, which continued up to his death in 1883. The firm of Conover & Craighead always commanded a leading practice, and was regarded as one of the ablest and and most reliable in the State.


Mr. Conover's opinions as a lawyer were regarded with deserved confidence as well by the community as by the profession, and his busi- ness life seemed to illustrate a lofty sense of duty united to a sincere devotion to his profession. He came to the bar imbued with those ideas of professional honor, handed down by Judge Crane, Edward W. Davies, Robert C. Schenck, and he Dayton lawyers of their generation. He never tarnished the achievment of professional success by personal self-seeking, or that unworthy rivalry that finds its own advancement in the deprecia- tion of others. Ile esteemed that professional eminence only as worthy of attainment that is deserved by real merit and faithful devotion to the interest and cause of a client.


John Howard, who died in 1878, was for many years one of the most eminent and successful of our lawyers. He was a graduate of Kenyon College, came to Dayton about 1839, and studied law with Odlin and . Schenck. His association in the practice with Mr. Haynes was formed some years after, and thence forward the firm of Haynes & Howard ranked with the other leading firms at the bar. Mr. Iloward, without being eloquent or attractive as a speaker, was extremely adroit and con- convincing. Ile generally exhausted every favorable point in his case with a force equal to the ingenuity he displayed in concealing or refut- ing those of his adversary. Mr. Howard was always popular and uni- versally esteemcd. Ile was tempted once to run for Congress, but after a very vigorous canvass, in which he proved himself a formidable oppo- nent, lost by only some ninety votes.


Colonel Hiram Strong, who was fatally wounded at the head of the Ninety-third Regiment at the bloody battle of Chicamauga, was one.of the most estimable men who ever belonged to the Dayton bar. He was a graduate of Miami University in the class of 1846, and was admitted in 1849. He practiced with snecess, first as a partner of William C. Bart- lett, and afterward, in 1853, became associated with Lewis B. Gunekel. The firm of Gnnekel & Strong ranked among the best in Dayton, and


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commanded a large and growing business. In August, 1862, he was commissioned Lieutenant-Colonel of the Ninety-Third Regiment. No man ever entered the service from purer motives of patriotism. He had been married but ten years, and had a family of little children and a de- voted wife, and besides was in a prosperous business. He had never shown the slightest taste for military life or affairs, and was totally without such knowledge. Ile speedily, however, mastered the duties of his new posi- tion, and became conspicuons for his proficiency as a drill master. Ilc was a gallant soldier, a good lawyer, a faithful friend, a pure patriot, and in every sense of the word a true man.


Daniel P. Nead and Youngs V. Wood, both of whom have been dead many years, died when in full practice. The firm commanded a large and lucrative business, and possessed to a large degree the public confidence.


Daniel W. Iddings was a student at law at the same time with Samuel Craighead, Wilbur Conover, and their set of brilliant young men, and was conceded to be about the brightest of them all. He graduated at Oxford in 1842, and was admitted to the bar in 1846. Possessing especial literary qualifications and taste, ho drifted into journalism and became the part proprietor and editor of the Dayton Gazette, which he conducted for five years. He became prominently connected with municipal affairs, and served two terms as Mayor of the city in 1856 and 1858. He was presi- dent of the city council for nearly ten years, was Register in bankruptcy . from 1867 until the office was abolished, and meantime conducted a successful and growing legal business in association with his two sons. HIe had a clear legal mind, was gifted intellectually, and drafted the first law ever passed in Ohio to incorporate joint stock insurance companies. IIe had accumulated a handsome property, and was stricken with paraly- sis, dying in 1883, at the age of sixty-four.


Adam Clay was another of the deceased lawyers of this class who was long prominent in practice and in public life. Ile was a member of the Constitutional Convention of 1872, which assembled at Cincinnati. His son, Amos K. Clay, who is a graduate, and an estimable and good lawyer, succeeded to his business.


The most recent death at the Dayton bar among this group of lawyers was that of E. Stafford Young. Mr. Young was a man of marked legal ability, and for thirty years had been a prominent member of the bar. . His sterling qualities of personal independence and integrity commanded everybody's confidence and respect, and his diligent devotion to business and his constantly improving capabilities, with his large ex- perience, commanded a wide and varied practice. Mr. Young well deserved to rank among the foremost men of the Dayton bar, and he


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was so regarded at home and abroad. A biographical sketch of him, written by myself, too extended for this place, will be found in the closing chapter of this book. His sudden death, which occurred on the evening of the 14th of February, 1888, was a startling shock to the whole com- munity, for there were few among us who had been so conspicuous or more generally known and respected.


The only survivors of this group of lawyers now at the bar are Judge Boltin, Judge Baggott, Samuel and William Craighead, Robert G. and and Colonel D. B. Corwin, Judge Elliott, Lewis B. Gunckel, Judge Haynes, David A. and George W. Houk, John A. McMahon, George W. Malambre, James Manning Smith, Warren Munger, Colonel Nolan, Lewis R. Pfouts, S. M. Sullivan, and Thomas F. Thresher.


Judges Boltin and Baggott cach filled two terms of honorable service in the probate court. Judge Baggott was also prosecuting attorney for two terms and distinguished himself in the prosecution of Frank Dick for murder, in which he was convicted and hung.


Judge Boltin has always pursued diligently his profession, has not sought political distinction, but has been contented with the good repu- tation he has earned, and always enjoyed as a lawyer and an honest man.


Robert G. Corwin has long since retired from active practice. Colonel David B. Corwin, his son, has had a share of political distinction. in a very creditable term of service in the State senate as senator from this district. He was regarded not only as one of the most industrious and useful, but one of the very ablest members of that body. He is now city solicitor of the city of Dayton, a very important and responsible legal position. Colonel Corwin served in command of a regiment west of the Mississippi during the war.


William Craighead, now the partner of his relative, Mr. Samuel . Craighead, practiced for many years in partnership with Mr. Warren Munger. He graduated at Oxford in 1855, and after teaching two years, studied law with Conover and Craighead, and was admitted to the bar in 1859. He soon after formed a partnership with Warren Munger, the firm · at once acquiring a prosperous business. Mr. Craighead was elected city solicitor, and served acceptably two terms; the only office, I believe, he ever sought or accepted, as he has been singularly free all his life from any desire for distinction outside of his profession. Ilis association with Mr. Munger continued some fifteen years, during which his reputation as an accurate and able lawyer continued to grow. Since the decease of Mr. Conover, he has been a partner in the present firm of Craighead and Craighead, in full and well-sustained practice.


Warren Munger, who is about Mr. Win. Craighead's age, came to the


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bar about the same time. He is the son of Warren Munger, deceased, one of the most respected of the members of the original Dayton bar, and most esteemed of the early citizens of Dayton. He graduated at Kenyon College in 1858, and studied law also with Conover and Craighead. Dur- ing the continuance of the firm of Craighead and Munger, Mr. Munger filled for two terms the office of prosecuting attorney with great credit, and was regarded as one of the ablest men at the bar; distinguished not less for the purity and beauty of his social character, than for his wise judgment and abilities as a lawyer. He is still in full practice as senior in the firm of Munger & Kennedy.


Lewis B. Gunckel is now one of the senior members of the Dayton bar. He graduated at Farmer's College in 1848, and from the Cincinnati law school in 1851. In his early professional life he was associated with Mr. Strong, and laid the foundation of a practice which, through bis fidelity, industry, and abilities, has grown to be as important as any ever enjoyed at our bar. In 1862, Mr. Gunckel was elected to the State senate. He served there during the years of the war, was chairman of the judi- ciary committee, and during the entire period especially distinguished himself in furthering legislation favorable to the soldiers and their families. Hle introduced a bill for the establishment of a State soldiers' home, another for a bureau of military statistics, and in all that concerned the welfare of the soldiers in the field he was especially conspicuous and efficient. In 1864, he was a presidential elector, and canvassed the State for Mr. Lincoln. He was influential in the inauguration of measures for the establishment of the Soldiers' Home in Dayton, and was appointed one upon its first Board of twelve managers. He held this responsible position for twelve years, during ten of which he was Secretary of the Board, and local manager. In 1871, Mr. Gunekel was appointed by President Grant special commissioner to investigate frauds upon the Cherokee, Creek and Chicasaw Indians, upon which he made a valuable report, which led not only to the detection and punishment of the guilty parties, but to import- ant reforms in the Indian service. In 1872, he was elected to Congress, served on the Military Committee, voted to repeal the salary-grab law of the preceding Congress, and declined to accept the increased pay to which he was legally entitled under that law.


Since Mr. Gunckel's retirement from congress, he has been more especially identified with his profession and devoted to its practice, in connection with his partner, Mr. E. L. Rowe. He was for three successive years a delegate from the Ohio State Bar to the National Bar Association, and was for the same period treasurer and member of the executive committee of the latter.


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In 1884, he was nominated by his party for Congress, but persisted in his refusal to accept the nomination, making another convention and nomination necessary.


Mr. Gunekel's public services have been varied and important-those most highly appreciated by the community, as well as most satisfactory to himself, were rendered in connection with the Soldiers' Home. He has been long known as one of the leading members of the Dayton bar, and so recognized throughout the State.


David A. Houk came to the bar about the year 1854. Ile first formed a partnership with Mr. Malambre, and afterwards with Mr. E. S. Young. He served as prosecuting attorney for two terms, and made a high reputation in that department of practice. He was recognized as a lawyer of fine acquirements in his profession, was clear and powerful in ar- gument. Ile was a candidate for Congress against General Schenck, in 1864, in an overwhelmingly Republican district, and of course defeated. He is a man of conspicuous integrity and independence of character, has measurably withdrawn, in recent years, from the practice, on account of failing health.


Colonel M. P. Nolan is another of the older lawyers who has long been regarded as among the most prominent of Dayton attorneys. Ile, too, has had experience in public and military life. He was United States commissioner by appointment of President Johnson, and always an active participant in political affairs. He was a war Democrat, and entered the military service during the war. He has long been distinguished for his powers as a jury-trial lawyer, and is still in active practice in partnership with his son.


Lewis R. Pfouts, of the firm of Pfouts & Hartranft, and in the enjoy- ment of a large and successful business, has been content to pursue the even tenor of his way without seeking any conspicuousness in the political field of public service, with the best results to his prosperity and happiness.


Thomas F. Thresher, another of the survivors of the second group, came to the bar in the fifties, and, when in active practice, was an unusually bright lawyer. He served in the legislature of the State two terms, and took rank with the most influential and able of the members of that body.


Mr. Malambre, S. M. Sullivan, and James Manning Smith, all of whom bave withdrawn from the practice, are the only remaining mem- bers of the class of lawyers before '60, besides myself, other than those ] have named.


It is obviously impossible to make even similar brief reference to the Dayton lawyers embraced in the last list, from which I observe I have accidently omitted the names of Quincy Corwin, A. A. Thomas, J. L. II. Frank, and Mr. Harvey Conover.


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There is, however, one gentleman whose good fortune it was to be elevated to a seat on the bench of the Circuit Court, who may be rightfully embraced as belonging to the judiciary of Dayton. I refer to Ilon. John A. Shauck. As he was elected circuit judge over myself by some three thousand votes in 1884, his omission here might be regarded as invidions.


Mr. Shauck was born in Morrow County, in this State, was educated at Otterbein University, where he graduated about 1864, and entered the hundred-day service as a soldier. After the close of the war, he entered Michigan University, where he graduated in the law department. Upon his admission to the bar, he went to Kansas City to enter upon the prac- tice of his profession, but being, through various influconces, attracted to Dayton, he finally determined to settle here, about 1868. Soon after, he formed a partnership with Judge Boltin, which continued up to his nom- ination and election to the Circuit Judgeship, in 1884.


The canvass for the nomination for this office was the most ex- traordinary that ever occurred in Dayton. It was generally understood that the Republicans of Montgomery County would name the nominee. Mr. Quincy Corwin and Mr. Shauck were the two candidates for the nomination. It was a regular primary election. The utmost activity was displayed by the respective friends of the two candidates. Polls were opened, printed ballots received for Shauck and Corwin delegates, and it was ascertained upon count that over fifteen hundred rotes had been cast, resulting in the election of the Shauck delegates by a majority of some seventy or eighty votes. Mr. Shauck was nominated by the Circuit Con- vention that assembled at Urbana a short time after, and was duly elected at the fall election of 1884. He drew the six year term, and has been upon the bench ever since, increasing his reputation as a lawyer and as a diligent, very capable, and scholarly judge.


Two organizations have been established, and are in successful opera- tion, to promote the interests of the Dayton bar in connection with the administration of justice. The Dayton Bar Association was incorporated in April, 1868, by E. S. Young, Samuel Craighead, John A. McMahon, Thomas O. Lowe, Abraham Cahill, and John Howard. The principal object was to establish and maintain a law library, which consisted, at the time of the incorporation of the association, of some eight hundred volumes.


Its first president and board of directors, elected in December, 186S, were Daniel A. Haynes, president; John A. MeMahon, C. L. Vallandig- ham, J. A. Jordan, David A. Houk, Thomas O. Lowe, and E. S. Young, directors; Thomas O. Lowe, treasurer, and O. M. Gottschall, secretary. The library is now located in a suitable room, fitted up for its especial


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accommodation, in the new courthouse, communicating with the court rooms as well as with the private chambers of the judges, and contains some three thousand and six hundred volumes, consisting of full sets of English common law, exchequer and chancery reports, together with full sets of nearly all the State reports and United States reports, digests, etc. The association is a joint stock company, the stock being divided into fifty-dollar shares and held by the members of the bar.


The board of directors, elected yearly, at present consists of Warren Munger, president; J. A. McMahon, O. M. Gottschall, George R. Young, John M. Sprigg, A. A. Winters, and E. L. Rowe.


The Montgomery County Bar Association was organized in 1883, with a constitution and by-laws, and embraces some seventy members, being all the lawyers, with few exceptions, at the Dayton bar. It holds monthly meetings, at which discussions of legal questions and matters of interest to the profession are held, and has regular standing committees, to-wit: On membership, on grievances, on jurisprudence and law reform, on legal biography. Members are elected by a majority vote. Present president, O. ML Gottschall; secretary, George O. Warrington.


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Of these coming to the bar later, and still in active business, are R. D. Marshall, E. L. Rowe, John M. Sprigg, C. L. Bauman, J. L. H. Frank, O. M. Gottschall, Charles W. Dustin, John Hanitch, O. F. Davis- sou, C. W. Dale, C. W. Finch, A. K. Clay, L. S. Crickmore, A. A. Winters, Charles E. Swadener, Elihu Thompson, J. C. Young, John E. Greer, the most of whom may be ranked as the now senior members in successful practice at the Dayton bar.


Of the junior members, much might be said in high personal com- mendation. In the front rank of this list may be placed in seniority R. M. Nevin, Wickliffe Belville, George B. Young, Frank Conover, Charles Craighead, Frederick W. Gebhart, Charles J. MeKee, Harry E. Prugh, Edward D. Payne, G. O. Warrington, James A. Wortman, C. S. Waltmire, Henry Nolan, O. B. Brown, Grafton C. Kennedy, W. II. Van Skaik, Charles D. and William B. Iddings, Albert Kern, Webster W. Shuey, A. W. and C. IL. Kumler, U. C. Hartranft, E. P. Matthews, W. B. Sullivan, E. HI. Kerr, S. H. Carr, Tom Corwin, W. H. Young, A. II. Romspert, and J. C. Patterson. There were a few names of the younger members of the bar accidentally omitted from the third group (as hereto- fore classified ), which are here supplied, to-wit: John D. Borough, Carj L. Bauman, William G. Frizeli, L. B. Mellhenny, E. T. Snediker, and Harvey Conover.


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CHAPTER XX.


Medical History-Early Medical Sociotie :-- Early Physicians -- The First Medical Bill-Dr. John Steele-Other Early Physicians-Dr. Job Haine --- Dr. John W. Shriver-Dr. Oliver Crook-Dr. Clarke MeDermont-Other Deceased Physicians-Dr. John Wise -- Dr. J. C. Reeve -- Dr. Ellis Jennings-Dr. W. J. Conklin-Dr. D. W. Greene -- Dr. C. H. Von Klein-Dr. George Goodhue -- Dr. John S. Bock-Dr. A. E. Jenner-Dr. James M. Weaver -Dr. J. J. Melihenny-Dr. E. Pilate-Dr. P. N. Adams-Dr. C. H. Pollock- Dr. H. K. Steele-Dr. A. H. Iddings-The Montgomery County Medical Society -- Homeopathie Physicians-Dr W. Webster-Er. J. E. Lowes-Dr. W. Thomas-Dr. W HI. Grandy, deceased -- The Montgomery County Homeopathic Medical Socity --- The Mad River Dental Society-Early Dentistry and Dentists-Later Dentists-The Cholera in Dayton in 1819.


THE Ohio Cantine July 24, 1811, contains a call over the signature 1 of A. Coleman, of Troy, secretary, for a meeting of the Seventh District Medieal Society, to be held in Dayton, at Major Reid's tavern, on the first Monday in September. On the 16th of October, 1815, Dr. John Steele, secretary of the board of eensors of the Seventh Medical District of Ohio, announced in the Republican a meeting of the board in Dayton, on the first Monday in November, and requested all emigrant physicians who had commenced the practice of medicine within the limits of the district since 1812, to attend for examination. The censors who neglected this meeting were warned that they would be removed from office by the election of others to fill their places. On the 3d of July, 1816, a number of practicing physicians in the Seventh Medical District met at Dayton and formed the Dayton Medical Society. It was to meet at Dayton on the first Mondays of April, July, and Novem- ber. Dr. Henry Chapze, of Xenia, delivered the first dissertation before the society. Dr. John Steele was the secretary. The names of the other officers are not given in the Republican.


On May 25, 1824, the Montgomery and Clarke County Society was organized at David Reid's tavern, by the physicians of the Seventh Medical District of Ohio Dr. Job Haines was appointed secretary. The Seventh Medical District, Montgomery and Clarke counties, met at David Reid's inn May 21, 1824, and elected the following officers for the ensuing year: President, John Steele; vice-president, Hugh Alex- ander; treasurer, Nathaniel Strong; censors, William Blodgett, William Mount, R. W. Hunt, and A. A. Blount.


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On May 27, 1828, at a meeting of the Medical Society of the Seventh District, held at Colonel David Reid's tavern, the following officers were elected : President, Dr. William Blodgett; vice-president, Dr. Lot. Cooper; secretary and treasurer, Dr. W. Mount; censors, Drs. A. A. Blount, E. Lawrence, II. Alexander, W. A. Needham, and R. E. Stephens; delegate to the medical convention, Dr. Edwin Smith. Following is a list of the members of the Seventh District Medical Convention: Drs. IL. Alexander, William Blodgett, A. A. Blount, P. M. Crume, Lot. Cooper, Nelson Donnellan, C. G. Espich, Robert Houston, Job Haines, R. W. Hunt, II. Humphreys, E. Lawrence, I. I. Tellers, Nathaniel Strong, John Steele, Robert E. Stephens, Thomas S. Fowler, Edwin Smith, Hlibbert Jewett, Thomas Haines, William Lindsey, W. A. Needham, and W. Mount.




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