USA > Ohio > Delaware County > History of Delaware County and Ohio : containing a brief history of the state of Ohio biographical sketches etc. V. 1 > Part 38
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improvements of his day, social, moral and religious. His most decided conviction and action on any of these questions was on the abolition of slavery. which he looked upon as the most wicked and nefarious institution of the world; he prided him- self upon being considered one of the EMANCIPA- TORS. But he did not live to see slavery in its worst aspect - that of the rebellion. He was enterprising and liberal toward public improve- ments and the interest of his town, at the same time taking good -care of his individual interest. At the time of his death he had a large family of sons and daughters, to whom he left considerable real estate-property that has since greatly in- creased in value. .
[The following sketch of Hon. Thomas W. Pow- ell was written by Hon. James R. Hubbell, who was a student of Mr. Powell's and who still entertains for his old friend and preceptor the warmest feelings of friendship. Mr. Hubbell says:]
In a sketch of the bench and bar of Delaware County, foremost, as well as first in chronological order, is the Hon. Thomas W. Powell. An octo- genarian, and already past the period allotted by the Psalmist for man's active life, to those who have known him longest, and who know him best. his mind and memory seem to have lost but little of their maximum strength. The weight of years and bodily infirmities have greatly impaired his once robust and vigorous constitution. Some thirty years ago, by a severe accident, a limb was broken, inflicting an injury. still felt to some extent. Several years later, another accident put out an eye, and at the date of the present writing (1880) he is entirely, for the want of sight, unable to read printed matter, and writes with great labor. A lawyer, legislator and author, he is widely known to the brethren of the bar and in literary cir- cles. It is now sixty years since he was admitted to the bar as an attorney and counselor of law. and is probably in commission the oldest lawyer living in Ohio, and has but few seniors in years in America.
Thomas Watkins Powell, the subject of this sketch, was born in the latter part of the year 1797, in South Wales. In the early part of the year 1801, his father, with his young family, im- migrated to America, and settled in Utica, in the State of New York, situated in the upper part of the Mohawk Valley. At that time, Utica was a small village compared with its present magnifi- cence and grandeur, and the country around it
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was new, and population sparse; and, as a matter of course, the means for the education of the youth and young men of that day were limited. Young Thomas sought and obtained such an edu- cation as the opportunities afforded. During the last war with Great Britain, then a mere youth, he drove his father's team, with the baggage of a regi- ment, to Sacket's Harbor, in the spring of 1813, and entered the place at the close of that battle. In September, 1814, he was appointed by the mil- itary authorities to a post of great trust and respon- sibility-the bearer of dispatches to Plattsburg, and at the close of that battle entered the town with dispatches to Gen. MeCombs.
Thirst for knowledge was the ruling ambition of his life. and after the war, for about two years, he was favored with the privilege of attending an academy where he studied and mastered such branches as are taught at such institutions, including the higher branches of mathematics, for which he had a taste and a genius to excel. It was ever with him a subject of regret, that his opportunities in early life to ob- tain a more thorough education were so limited, but Providence ordered it otherwise. Had he been indulged in the natural bent of his mind, he would have excelled in literature as an author. After he left the academy he went into the law office of Charles M. Lee, Esq., in Utica, when about the age of twenty. and in the year 1819 he came to Ohio, and passed his quarantine as a law student in the office of Hon. James W. Lathrop, To his industry in his profession and in letters, Mr. Powell added great enterprise in all matters of interest to the public. He projected and pros- ecuted to completion the improvements at the sul- phur springs known as the " Mansion House." which in its early history was famous as a fashion- able resort ; and which subsequently secured to Delaware the Ohio Wesleyan University. He built the flax-mills at Delaware. He had an ex- quisite taste for the arts, for horticulture and architecture especially, and his knowledge of these arts, by study and cultivation, is of a high order. at Canton. In the year 1820, he was duly licensed, by the Supreme Court on the Circuit at Wooster, to practice in the several courts of record of the State, and immediately located in Perrysburg, on the Maumee, in the practice of the law ; but, the country being new, and business in his profession insufficient to occupy his time, he accepted succes- sively the offices of Prosecuting Attorney and County Auditor of Wood County. In the dis- charge of his official duties, he was noted for his probity and industry, as well as his abilities. In the year 1830, the Maumee Valley not growing Mr. Powell, although he took a lively interest in public affairs, was never a partisan. A Democrat in his sympathy for suffering humanity, he is a believer in the brotherhood of man, and ever sym- pathized with the afflicted. either in mind, body, or estate; whether it is the white man or the black man, the virtuous or degraded. His whole life has been signalized by acts of charity, and he was never known "to turn the poor away unalmsed." in population, and not meeting with that commer- ; cial and business success that was anticipated by the first settlers. in order to obtain a wider field for the practice of his profession, he removed to Delaware, where for a period of fifty years, he has resided. He immediately commenced practice, and his business in importance proved commensurate with his abilities and integrity, and, for a period of more than thirty years, he was regarded by the profession in Delaware, He never was a seeker of place. nor an office- and throughout the counties in Central Ohio, as a i seeker. The offices he filled so well were forced
strong and successful lawyer. In special pleading and equity, to which he devoted particular atten- tion, he excelled. His industry seemed untiring, both in his profession and as a student. Law, his- tory and literature received constant attention, when not occupied with the cares and duties of his business and professional engagements. He was ever noted for his zeal for his clients' interests and welfare, in both civil and commercial cases. Polite and intelligent, his society was courted by his brethren of the bar, and, in whatever circle he en- tered, his presence was always welcome. Probably no lawyer did more in assisting young men to the bar, or had more law students, than Mr. Pow- ell. Among the lawyers who acquired notoriety in professional or political life, or both, we can name among his students, the Hon. C. Sweetser, who was a successful lawyer, and. a member of Congress from 1849 until 1853 ; subsequently Edward Jones, Esq., who died young, and who, at the time of his death, was Prosecuting Attor- ney. He had acquired so much reputation as a lawyer and public speaker, that it was thought that if he had lived, he would have reached the very highest round in the ladder of fame. His brother, the Hon. Thomas C. Jones ; Hon. Royal T. Wheeler, Chief Justice of Texas; Gen. J. S. Jones, a member of the Forty-fifth Congress, and others, making in all a long roll, were among the number of his law students.
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upon him, and were accepted, seemingly, against his will. He filled many offices of trust-Pros- ecuting Attorney-after, as well as before, he moved to Delaware. He was elected Representative and Senator in the State Legislature, and, for many years, was County Judge.
He has given to the profession of his choice, and in which he was an ornament. two works which were much needed, and are highly prized by the courts and bar, viz .: .. Powell's Analysis of Amer- ican Law." and a work on " Appellate Jurisdic- tion." He has written, and has ready for the press, the manuscript " History of the Ancient Brit- ons," and is at present engaged upon a work en- titled "What is Knowledge?" which bids fair to be one of his best productions.
[We resume now Mr. Powell's sketch of the conrt and bar :]
Charles Sweetser. immediately upon the writer's settling in Delaware, became his student in the study of the law, to which he had previously devoted considerable attention. He was then about twenty-five years of age, was a native of Vermont. and came with his father's family to Delaware, about 1817. His father was a highly respectable man- a farmer-who purchased and settled on a valuable farm immediately north of the town, where he lived, and died about ten years after his arrival here. The son, a few years before he commenced his studies, had been engaged in mercantile busi- ness, in which he had developed a capacity for business, and was a fascinating and successful sales- man. He was admitted to the bar in 1832, and immediately commenced an active practice, distin- guished more by his activity and sprightliness, and tact in the use of his own conceptions and common understanding, than by any sound knowledge of the law, or study of its more abstruse principles. His education was limited to that of common schools, and his activity never permitted him, by industry and perseverance, to overcome its defects. He disliked discipline, study and technicality. and boasted that genius and original common sense were the vantage ground for him; and the crudities of the code often found an advocate in him. He was captious and capricious, and was often the cause of violent squabbles, if nothing more, at the bar. These he often made up with great facility by his fascinating and conciliatory ways, when he chose to exercise them. With all these irregular- ities, he was remarkably successful, both in the law and in politics. He was twice elected to Congress
under the most adverse circumstances; principally by his tact and activity. He continued his pro- fessional practice until within a year of his death, when he was compelled to abandon it in conse- quence of a severe sickness; he died in 1864. He was twice married; first to an amiable and well- educated lady from Connecticut, and secondly, to Mrs. Pettibone, a lady of great distinction and of fine personal appearance. By both of these he had a family of children, all of whom died before pass- ing the years of maturity, except one daughter by his last wife, the only one left to honor his mem- ory. He left to his family a considerable estate. and always manifested in his dealings an acute and shrewd regard for his personal interest. He was often very liberal in matters that told and showed well for himself, but in matters that merely con- cerned the public, his liberality was sure to be con- fined to those interests which were certain to be largely connected with his own. This tact and ingenuity told in polities as well as in the prac- tice of his profession. He always distinguished himself by the taste and elegance of his equip- ment. For a long time he kept an elegant carriage and a span of cream-colored horses, while canvass- ing for his election to Congress. Upon one occa- sion, in addressing a large Democratic audience. he said that some of his friends advised that he should, while a Democratic candidate, dispose of his car- riage and his cream-colored horses; "But." said he, "I will do no such thing, for I think that a good Democrat has as good a right to a fine carriage and horses as anybody else." And this sentiment was most vociferously applauded.
Sherman Finch settled in Delaware as a lawyer in 1832. He had recently been admitted to the bar, was a native of Connecticut, and a graduate of Yale. He was a good scholar, and had been en- gaged a few years as Professor of Latin in Kenyon College. He was a man of strong intellectual powers, and a good logician. He soon became a distinguished lawyer ; more distinguished for his knowledge of the principles of law and equity than as a jury lawyer. After being engaged in the prac- tice here for twenty years, Mr. Finch was elected Judge of the Court of Common Pleas. In the midst of his official term, he moved to Mount Ver- non ; and at the end of the term moved to St. Paul, Minn .. where he lived about ten years, and died in 1873.
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David T. Fuller settled in Delaware as a lawyer soon after Mr. Finch. They were brothers-in-law, having married sisters, the only daughters of Mrs.
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Shepherd, who, it was said, was an English lady, but who had spent most of her life as a planter's wife in the island of Jamaica. Mr. Fuller was a native of Vermont, the son of a clergyman, and, it is believed, was a graduate of Williams College. He was a good scholar ; well versed in literature, history and theology. He had also been a Pro- fessor in Kenyon College. He was for a few years a partner of the writer in the practice of the law. After that he was elected Auditor of the County, and subsequently Probate Judge. He died in 1854.
Edward Jones, the elder brother of T. C. Jones, came to the bar at an early period-about 1837. These brothers were natives of Wales, their father and family having immigrated to the county some ten or fifteen years previous. The family consisted of the parents, four brothers and two sisters, who were eminently distinguished for their talents ; but Edward was the most eminent and promis- ing. He lived but a few years after his ad- mission, to enjoy the high expectation of his friends ; for he rapidly ascended in his profession, and was gaining great distinction at the bar. He died in 1838 at the early age of twenty-four years.
Edward Jones was a thorough Democrat in his partisan predilections, contrary to the usual char- acters of those of his nationality in this country. Before his death he had raised the highest ex- pectations of his party, who were forward in the expression of their admiration of his talents, hold- ing up to him the hopes of the highest position in the State. In 1836, at a large politieal conven- tion held at Franklinton, Franklin County, which had been addressed in an able and distinguished manner by Alfred Kelley, young Jones was brought forward by his party to make a reply, which he did in a manner highly gratifying to his partisans and greatly admired and commended by all who heard him. His decease was greatly lamented by the whole community as a premature departure of one who promised to be a great man.
T. C. Jones was admitted to the bar in 1841. He spent a few years in the practice at Delaware, and then removed to Circleville, where he contin- ued his practice with success. After a few years, circumstances again induced him to return to Del- aware, and again to establish himself in the practice of his profession, but at the same time he zealously engaged in farming and in raising fine cattle. He kept up his interest in the law, however, and in 1859 was elected Judge of the Court of Common Pleas, which position he held for two terms. He
still lives-retired from the bar, and in the posses- sion of good property, which he enjoys in a highly creditable manner to himself and family.
Cooper K. Watson came to Delaware as a mem- ber of the bar in 1834, having studied the law, and been admitted to the profession very recently, at Newark, Ohio. He continued the practice at this place but a few years. when he removed to the counties north of this; to Marion, then to Seneca, and finally settled at Norwalk, in Huron County, where he now resides, and is the Judge of the Common Pleas of that circuit. . He has been also a member of Congress from those counties. He became very eminent in his profession as an advo- cate and jury lawyer. While at Delaware, Watson gave full assurance of his future eminence by his capacity for public speaking, the strength of his ability as a lawyer, and as a good writer, when occasion called for it; but he particularly distin- guished himself as an amateur actor in the Thespian Society, which then flourished here. This so tempted him that he thought strongly of abandon- ing his law profession for that of the stage.
James M. Barnes came to Delaware as a member of the bar, recently admitted, from Newark, about 1839. He soon became a partner of Mr. Sweet- ser, and continued the practice until 1850. when he went overland to California with a company of gold-seekers. He returned in about two years, with some success, and again commenced the prac- tice of law, and, though capable of making a good lawyer, he did not fancy the profession as well as he did the making of money by business and financiering, in which he has succeeded. For a number of years, he has been engaged in manufact- uring linseed oil, and now has a very fine oil-mill in Delaware.
Isaac Ranney was admitted to the bar in 1842. having studied law under the tuition of Messrs. Sweetser & Barnes. He possessed the necessary talents to constitute a respectable lawyer, and many qualities which rendered him an excellent man. He was elected as Prosecuting Attorney for the county, and, in 1857, went overland to California. In about two years he returned, and again entered upon the practice of his profession. At the com- mencement of the great rebellion, he was appointed Collector of the District ; filled the office with credit for a time, and then resigned. He had in various vocations acquired a respectable fortune, which was to some extent reduced by his frequent change of residence to Washington City, Delaware, and other places .. He finally settled upon a farm he had
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purchased in the valley of the Potomac. a few miles west of Georgetown, and died there. His death was a great bereavement to his family and friends.
William P. Reid was adınitted to the bar in 1849. He came to his profession with very slen- der opportunities of acquiring a fine education ; but, by a good share of common sense, persever- ance, and industry, he gradually rose to distinction in the law. He never assumed to be any great master of the law, but that in practice he was able more than to make up, by his tact, industry, and management of the jury, the witnesses, and the facts. It was his good fortune to be employed in a number of cases for injuries against the railroads at an early day after their construction, in which he received most ample damages. This. at the time of his death, gave him the reputation as a jury lawyer unequaled in the State. During the rebellion he went into the army of the Union, as Colonel of the One Hundred and Twenty-first Regiment Ohio Volunteer Infantry. and served with credit to himself, and was greatly commended by his men for his kindness to them. and attention to every demand of humanity. After the termina- tion of this service, which was by his resignation, he again returned to his professional vocation with his usual success ; and so continued until his death, in March, 1879, which was greatly lamented by the whole community. but especially by his family, to whom it was an irretrievable calamity, and to whom he had ever been remarkably kind and attentive. In politics, he was always distinguished as a Democrat and as a partisan.
Leander J. Critchfield, the late Reporter of the Supreme Court of Ohio, was for a number of years a member of the Delaware bar. He was a native of Ohio, it is believed, and a graduate of the Ohio Wesleyan University at this place, in the year 1849. He became a law student of Judge Finch, and was admitted to the bar soon after, and then became the partner of Mr. Finch in the business of the profession. He was a successful practitioner at the Delaware bar until after his appointment, by the Judges of the Supreme Court of the State, to be their Reporter. His first volume of the reports, entitled "The Ohio State Reports," being the fifth volume of a new series, was published in 1858, commencing with the decisions of the court in the term of December. 1855. He continued to be Reporter of the Court until 1872, when he pub- lished the last volume of his reports, being the twenty-first volume of the new series. His duties
as Reporter were ably and faithfully performed, and these reports remain as an honorable monu- ment to his professional abilities and industry. In the mean time, he continued his practice in the courts at Delaware, as well as in all the courts at Columbus, where he established his residence soon after his appointment as Reporter of the Supreme Court, and where he still continues the practice of his profession. He, therefore, at the present time, is more a representative of the Columbus bar than that of Delaware.
Henry J. Eaton is a member of the Delaware bar. and came of one of the oldest and most re- spectable families. He soon acquired the confidence of the citizens as an honest and faithful lawyer, and in his profession gaining reputation; when he became & partner of Mr. Reid, with whom he con- tinued several years, and then retired from practice for a time, but has returned to it, and holds his position in the entire confidence of his fellow- citizens.
Israel E. Buck was admitted to the bar in 1842. He had lived in the county from his infancy. if he was not a native of it. His opportunities for edu- cation were limited, such as the country then afforded, but were pursued by him with un- usual vigor and diligence. He was distinguished for a strong, robust intellect, which he had culti- vated with great assiduity and effect, so that he was ranked among the best informed and intelli- gent men. As a lawyer, he was more distinguished for his knowledge of the law, and for his common sense and good judgment, than for eloquence or other captivating display in trials at the bar. He was Mayor of the city at the time that Kossuth visited Delaware, and at a public reception of that dis- tinguished Hungarian, he delivered an address to him, which was much admired and complimented. He was for many years a partner of the writer; was fast rising at the bar, and on account of diligence, learning, and sound judgment, gave hopes to his friends that when an occasion occurred he would be promoted to the judiciary. But Providence otherwise ordained; for at an early age he died of a disease of the lungs. much lamented by friends and those who knew him.
Having sketched the lives and characters of the prominent members of the bar who are deceased, or have retired from the profession, those who still remain in the practice and active pursuit of their profession, and have not yet finished their course, and have yet their fame and character to attain or complete, we leave to some future writer to record.
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The present bar of the county to which Judge Powell refers, is composed, at present, of about twenty members, and as to seniority they may be named and numbered as follows:
H. M. Carper is a native of Licking County, Ohio; studied law at Lancaster, and was admitted to the bar in 1851.
C. H. McElroy, born in Knox County, Ohio ; studied law and was admitted to the bar in 1851.
John D. Van Deman is a native of Delaware ; studied law in the office of Powell & Buck, and was admitted in 1854.
H. C. Godman, son of J. W. Godman. of the Fourth Ohio Infantry; born in Marion County, and was admitted to the bar about 1856.
Gen. J. S. Jones, born in Champaign County. Ohio, and was admitted to the bar in 1856.
E. F. Poppleton, studied law in Lorain County, Ohio; was admitted to the bar about 1856, and has served in Congress.
J. J. Glover studied law in Belmont County and was admitted to the bar in 1860.
Jackson Hipple, born in Washington County, Penn., and was admitted to the bar in 1861.
Thomas E. Powell is a native of Delaware, studied law in his father's office, and was admitted to the bar in 1865.
H. G. Sheldon, born in Huron County, Ohio, and was admitted to the bar in 1865.
F. M. Joy, born in Delaware County. Ohio, and was admitted to the bar in 1870.
A. Lybrand, born in Piqua County, Ohio, and was admitted to the bar in 1871.
J. R. Lytle, born in Fairfield County, Ohio, and was admitted to the bar in 1872.
William Hall, born in Delaware County, and was admitted to the bar in 1873.
F. M. Marriott, born in Licking County, Ohio. and was admitted to the bar in 1874.
G. G. Banker, born in Cardington, Ohio, and was admitted to the bar in 1875.
O. C. Cowgill. born in Logan County, Ohio, and was admitted to the bar in 1875.
H. S. Culver, born in Delaware County, Ohio, and was admitted to the bar in 1875.
J. S. Gill, born in Union County, Ohio, and was admitted to the bar in 1876.
Eugene D. Hamilton, born in Delaware County, and was admitted to the bar in 1879.
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