History of Delaware County and Ohio, Part 38

Author: O. L. Baskin & Co; Perrin, William Henry, d. 1892?
Publication date: 1880
Publisher: Chicago, O.L. Baskin & Co.
Number of Pages: 818

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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.

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 carly 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.

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."

He never was a secker of place, nor an office- seeker. The offices he filled so well were forced

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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 court 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 taet and ingenuity told in politics 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.

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 aud 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 political conven- tion held at Franklinton, Franklin County, which had been addressed iu an able and distinguished manuer 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 prác- 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 fiue 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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HISTORY OF DELAWARE COUNTY.

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 admitted 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 a 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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HISTORY OF DELAWARE COUNTY.

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.

The following excellent sketch of the medical profession is by Dr. S. W. Fowler, and is compiled

from the most reliable sources, expressly for the present history of Delaware County :

It has been stated, and very truly too, that, in the settlement of new countries, there is no one who holds a more important place than the doctor. The pioneer settlements of fifty or a hundred years ago were usually made by a single family, or sometimes by two or three families, but rarely by large colo- nies, as is often the case now in the settlement of the distant Territories of the West. And, in those pioneer settlements, it was not very common to find ministers and teachers, while lawyers were still " rarer productions," and scarcely ever met with, unless it was for other reasons than the prac- tice of their profession. Their several vocations are not considered so essential, and they become a necessity only at a later period, when growth and development are greater (and people more civilized and, therefore, worse). One of the first queries of the emigrant is, Biblically speak- ing, " Is there balm in Gilead ? is there a phy- sician there?" or, in other words, Is there a doctor within reach ? And a sense of security is only felt when the question can be affirmatively answered.

It was thus with the pioneers in this section of the country. " Within reach " sometimes meant a long distance ; and a one, two or even three days' ride was not uncommon for one of these early practitioners of the healing art. Inquiries for allopathic, homeopathic, hydropathic, or for " men doctors" or "women doctors " were never heard in those early days, but the people, in the simplicity of their hearts, if not of their wisdom, had the fullest faith in the orthodoxy of medicine. Few, if any, of the modern isms or, pathies existed. They were long in creeping into the frontier set- tlements, even after their advent in the older por- tions of the country. All had faith in the doctor. He was considered an oracle in all matters per- taining to his profession, as well as in many that did not belong to it. And then, too, he combined all the branches of the profession; he did the work of the dentist and the druggist, as well as that of the surgeon and physician. He was, also, the oracle in all scientific matters. Being a doctor, he must be the embodiment of learning generally, and, therefore, all questions of chemistry, botany, geology, etc., must be referred to his wisdom. But the monopoly held by the doctor, of complete con- fidence and consideration, did not last always. With the increase of population, these important gentlemen were compelled to share their honors

HISTORY OF DELAWARE COUNTY.

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with new-comers in the other branches of the learned professions.

The most marked change, however, was in the advent of new lights in the medical profession. These new lights gradually made their appearance, with innovations in practice that won over to their views a portion of the community. In slow suc- cession came first the root doctors, then Indian doctors, and, after them, water doctors, steam doc- tors and electric doctors. In the regular order came the advocates of Hahnemann, the homeo- pathic doctors ; and last, but not least, the lady doctors, and to these all are compelled to offer the right hand of fellowship, for they are decidedly ir- repressible, and will have their own way. One would naturally suppose that these were doctors enough for any respectable community, but to this host may be added the specialist, the cancer doctor, the consumption doctor, the chronic-disease doctor, the eye and ear doctor, the corn doctor, to say nothing of the clairvoyant, the wizard, the spirit- ualist, and the periodical or traveling doctor ; and lastly, the most to be despised, and which should be wiped out by law, if not by public opinion, the hosts of private-disease doctors, whose foul display of advertisements contaminate nearly every news- paper and periodical in the land, and arc sowing the seeds of vice and immorality in the young to an alarming extent. The apathy of the moral world on this subject must soon give way, and the disclosures that will then be made will be simply astounding. The true character and tendency of this pernicious system needs but to be brought to light, to awake thinking persons from their present indifference to its evil effects. One of the most distinguished men of the profession, and one who has spent many years in charitable and reformatory institutions, says : "All the reformatory institu- tions of the country fall far short of effecting the same amount of good that would be done by the suppression of these advertisers and their foul pub- lications."

But to return to our subject : The variety and changes that have arisen in the medical world have taken place within the memory of the present gen- eration. The doctors of middle life only know by tradition of the good old times enjoyed by their predecessors, who were frontiersmen in the profession. There are those still living who tell of many good times in their own day, and of some- what similar experience to the old forefathers. But let the ancient landmarks silently enjoy the early period of professional glory and of professional hon-

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History of Delaware County and Ohio, Part 38

Author: O. L. Baskin & Co; Perrin, William Henry, d. 1892? Publication date: 1880 Publisher: Chicago, O.L. Baskin & Co. Number of Pages: 818

Author: O. L. Baskin & Co; Perrin, William Henry, d. 1892?
Publication date: 1880
Publisher: Chicago, O.L. Baskin & Co.
Number of Pages: 818