USA > Ohio > Erie County > History of Erie County Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 21
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The Courts of Common Pleas consisted of a president and two associate judges. The State was required by law to be divided into three circuits with a president judge for each circuit, and not "more than three nor less than two" associate judges for each county. Any three of these judges constituted a quorum and composed the Court of Common Pleas, and had common law and chancery jurisdiction, and also jurisdiction of all probate and testamentary mat ters and of guardians and minors, and of criminal cases. Clerks were appointed by the court for a term of seven years. Power was conferred on the Legisla- ture to increase the number of circuits and of the president judges after the expiration of five years. The Supreme Court was required to be held once a year in each county.
All judges were appointed by a joint ballot of both houses of the General Assembly, and held office for the term of seven years, "if so long they behaved well."
Justices of the peace were elected in each township and held office for three years. Their "powers and duties" were "regulated and defined by law."
THE BENCH OF THE COUNTY.
By the act that completed the civil organization of Erie county it was pro- vided that the first Court of Common Pleas should be held on the second Mon- day in December, 1838, yet there is a record of the holding of a court in April prior to that time. There appears not to have been present any president judge, and the proceedings were conducted by Moses Farwell, Nathan Strong. and Harvey Fowler, the associate justices. These proceedings, however, were brief, no cases being tried.
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THE BENCH AND BAR.
During the time that Erie county was attached to Huron it appears that Judge David Higgins was upon the bench of the Common Pleas Court. He was succeeded by Judge Ozias Bowen, of Marion county, who presided for a number of years, and until he was replaced by Judge Myron H. Tilden, of Toledo, but formerly of Norwalk.
Next in the succession came Judge Ebenezer B. Sadler, of Sandusky City, who went upon the bench in 1847, and so continued until the adoption of the new constitution by which he was legislated out of office.
The above named comprise all the common pleas judges that presided over that court in this county prior to the constitution of 1852. Judge Sadler was the first president upon the bench that was a resident of Erie county, and the only such prior to the new constitution, but in after years this county was as well represented upon the bench of the courts as any in the district, excepting, perhaps, Lucas county.
After the adoption of the new constitution Erie county was placed in the first subdivision of the fourth common pleas district, the other counties being Huron, Sandusky, Ottawa, and Lucas. The first president judge in this sub- division was Lucius Otis, then of Fremont but now of the city of Chicago. Judge Otis served one term of five years, and was succeeded by Judge Sebas- tian F. Taylor, a prominent lawyer of Erie county. He served two terms of five years each, and was himself succeeded by Walter F. Stone, of Sandusky. The constitution provided for the selection of an additional law judge to be chosen whenever the business of the sub-division should warrant it. It was during Judge Otis's term of office that this provision was carried into effect by the selection of Judge John Fitch, of Toledo, in 1854. Other additional law judges were from time to time appointed, among them Samuel T. Wooster, of Norwalk, and John L. Green, of Fremont. The latter is still judge in the dis- trict.
Judge Stone continued on the bench as president judge for some years, when he was advanced to the Supreme Court bench. He was succeeded by William G. Lane, of Sandusky, but, on account of failing health the latter was compelled to retire, whereupon Cooper K. Watson, of Sandusky, followed him. Judge Watson died in office, and John Mackey was appointed his successor. . By appointment and two subsequent elections, Judge Mackey held this office for nearly seven years. Next in the line of succession came the present incum- bent, Judge J. L. De Witt, of Sandusky, who assumed the office in February, 1887.
The first sub-division of the Fourth District remains now as originally formed, and the courts therein are presided over by five common pleas judges, three in Toledo and two in the other counties comprising the subdivision These judges are as follows : Louis H. Pike, David H. Com'nager, and Reuben C. Lemmon, of Toledo; John L. Green, of Fremont, and J. L. De Witt, of Sandusky.
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HISTORY OF ERIE COUNTY.
THE OLD ERIE COUNTY BAR.
Elsewhere in this work will be found a detail of the events that made per- fect the organization of this county, and it is only the province of this particu- lar portion of this chapter to refer to and mention, in some manner, those per- sons who were identified with the practice at the bar of the courts, and who were residents of the county. To be sure there were the inevitable " circuit riders," lawyers who lived in other counties, but who were always in attendance upon every court, and who controlled a fair share of the business thereof. This was not through any weakness of the resident attorneys, but rather in verification of the old proverb, "a prophet is not without honor save in his own country." These circuit riders were for many years in attendance upon every court and in every locality. They managed to get a certain amount of the "catch practice," most generally in the criminal branch, and were sometimes called into a case by the attorney of record, and served in the capacity of associate counsel. In this manner they could pick up enough business to pay expenses, and some- times a little more. But the circuit rider was almost a necessity ; not, how- ever, in the light of the adage that "necessity knows no law," as they numbered among them some of the brighest trial lawyers of the times.
At this period of which we write, the early days of the county, there were but few, if any, resident practicing attorneys of much prominence except the firms of Parish & Sadler (Francis D. Parish and Ebenezer B. Sadler), and Beecher & Campbell (Lucas S. Beecher and John F. Campbell), all of Sandusky City ; also Ebenezer Andrews and Philip R. Hopkins of Milan. Elentheros Cooke had been a prominent attorney of Sandusky, and a pioneer of the pro- fession ; but at the time of which we write was practically retired from active practice to engage in other pursuits. He was an able man and lawyer, and possessed of unusual oratorical power. He drifted into the sea of politics, and represented the Fourteenth District in the Twenty-second Congress. He was, moreover, one of the most prominent men, in every step looking to the ad- vancement and welfare of the county, and contributed generously of his means and advice to every worthy enterprise. Hence his popularity.
William H. Hunter, more commonly known as "Colonel" Hunter, was non- inally a lawyer, but more of a politician. In 1835 he was collector of customs at this port, and in 1836 was elected to Congress.
John Wheeler is also remembered as a lawyer, though he was content to rest his professional career on the office of justice of the peace, which he held for a number of years.
Of these old pioneers of the profession but two are now living, Hon. E. B. Sadler and John Campbell, the latter, however, is not a resident of the county. He took a somewhat unusual course for a lawyer, in that he afterward became a minister of the gospel, and is now understood to fill the most honorable office of bishop of the Lutheran Church in Virginia.
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THE BENCH AND BAR.
Francis Drake Parish was a man of Puritanical stripe. He was honest, con - scientious, faithful, and zealous in his profession and in every good work. He possessed a moral firmness that could not be excelled ; a man of good acquire- ments and legal abilities; a man who hated iniquity and despised meanness; a strong religionist, a temperance tetotaler, and a strong abolitionist when that outspoken sentiment meant personal and professional unpopularity. Mr. Par- ish had the courage to avow his sentiments in this regard even in the face of an excited and howling mob,
This man was a native of New York State, born in the year 1796. When twenty- four years old he came to Columbus, O., where he read law, and where, in 1822, he was admitted to the bar. In the same year he came to Sandusky City and commenced practice, which he continued until the year 1852 when he retired from the hard work of the profession on account of a bronchial affec- tion. In 1875 he left Erie county and removed to Lorain county, where he died a short time ago.
Lucas Selkirk Beecher was born in New Haven county, Conn., on the 3 Ist of March, 1798. At the age of about thirteen years he was maimed by the loss of a leg. When about eighteen years old, with his parents he became a resident of Genesee county, N. Y. The early education of Mr. Beecher was received at the common schools and at the village academy. After coming to reside in Genesee county he taught the village school. Later he entered the office of Hopkins and Beecher at Canaseraga, where he studied the law until the year 1824, when he was. admitted to the bar, after which he began the practice at Williamsport, Pa. Two years later in the year 1828, Mr. Beecher came to San- dusky, where he formed a law partnership with Hon. Elentheros Cooke.
No sooner had our subject become fairly established in professional busi- ness at this place than a terrible misfortune befel him ; he became totally blind. After a time under the invitation of kind friends he went to the City of New York for treatment, hoping that his eyesight might be restored, which, in a measure, was accomplished-sufficiently to allow him to resume his practice and read and write a little.
Returning after some months to Sandusky Mr. Beecher formed a copart- nership with John F. Campbell, who also subsequently became totally blind, and was obliged to retire from the profession. Mr. Beecher then associated himself with Pitt Cooke, and subsequently Cuyler Leonard, and finally in 1853 with his son, John T. Beecher, which latter firm continued until the death of its senior member in the year 1882.
Disabled as he was, when just entering upon the threshold of successful practice, nevertheless, he rose to a height which enabled him to easily maintain his position as a leader in this most difficult of all professions. We take pride in rendering this tribute of regard to the memory of a man so deservedly hon- ored by the profession as an example of the success which can be achieved by
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HISTORY OF ERIE COUNTY.
an earnest man, full of a great purpose, striving against a fate which usually be- numbs the faculties and palsies the energies of its victims.
John F. Campbell the law partner of Lucas S. Beecher, is remembered as being a man of light complexion, young, smart, active, facetious, witty and pos- sessed of a keen sense of the ludicrous. About the year 1840 he had an at- tack of sore eyes that unfitted him for professional work, and in fact rendered him partially blind for a time at least. He quit the practice of law and went to Pennsylvania. After a time his eyesight was restored, and he studied for and entered the ministry of the Lutheran Church, and subsequently became a resident of the State of Virginia. Still later he became a bishop of the church.
He seems to have met with decided success in his new calling; but those that knew him well as a lawyer say that he was the last man they ever dreamed would finally become a clergyman. He evidently followed the command to "multiply and replenish the earth," for when last heard from his family con- prised a wife and nine children.
Ebenezer Andrews of Milan, was a plain, sensible, unassuming man, and a fair and honest lawyer. He was probate judge of the county from 1852 to 1855. He died many years ago.
John N. Sloane entered upon the practice of law in 1840. His regular oc- cupation, however, was that of merchant. He died September 24, 1881.
Hon. Ebenezer Lane, unquestionably the most distinguished and most hon- ored of the many gentlemen of the legal profession that have practiced at the bar of the courts of this county, became a resident of Sandusky in the year 1842, two years after the civil organization of the county was made complete.
Judge Lane was born in Connecticut, in the year 1793. He was educated at the University of Cambridge, and afterward read law with his uncle Judge Matthew Griswold, of Lyme, Conn. He commenced the practice of law in the year 1814, at Norwich, Conn., but in 1817 came to the Western Reserve dur- ing the same year. In 1819 he moved to Norwalk, the county seat of Huron county, having previously been appointed prosecuting attorney for that county. At Columbia in 1822 he was admitted to practice in the United States Circuit Court. Soon after he was appointed Common Pleas Judge of the Second Cir- cuit, and continued in office six years, when he was appointed judge of the Su- preme Court of the State, sitting first in that capacity in 1830. He was reap- pointed in 1837, but resigned his commission eight years later.
It was during his life upon the bench that Judge Lane became a resident of Sandusky City. After thirteen years of residence here he moved to Chicago, having accepted the appointment as counsel and resident director of the Cen- tral Railroad of Illinois, an office that was ably filled by him for nearly fourteen years. After having severed his connection with the railroad company Judge Lane made an extended tour of Europe, returning to this country in Apri!, 1860. He lived but six years longer, and died on the 12th of June, 1866.
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THE BENCH AND BAR.
In 1850 Judge Lane received the degree of Doctor of Laws from Harvard University. In 1856 he was elected a member of the New England His- torical and Genealogical Society, also he was a member of the New York Historical Society, the Ohio Historical Society and the Chicago Historical Society.
Another of the pioneers of the legal profession in Erie county was Philip B. Hopkins, of Milan. He was, at the time of the county's organization, fully up to, if not past the middle age of life. His practice was by no means confined to Milan, as he was frequently at Huron, and also in the counties adjoining.
Counselor Hopkins was a clear-minded, shrewd and practical lawyer, and possessed, moreover, an almost inexhaustible fund of natural humor. His witti- cisms were never forced, but seemed to spring from his lips involuntarily, and none seemed more surprised at their sound and effect than he. An amusing anecdote will clearly show what manner of man he was.
One day at the dinner-table in the Mansion House at Sandusky, were gath- ered a number of legal lights, and among them the irrepressible Hopkins. Some allusion was made to a certain lawyer from a distant county not at all remark- able for his legal learning, and Joseph M. Root, another prominent lawyer of this county, asked Major Hopkins if he knew how this man came to be a law- yer ? " No," said Hopkins, "I don't." "Well," says Root, "he was a sort of peddler in a one-horse wagon, and carried around with him Swan's Treatise, and so caught the law just as a person would catch the itch or measles." "Well," answered the Major, " it never broke out on him much, and they say it is worse when it strikes in."
One day Hopkins and Mr. Andrews were trying a case before Judge Sad- ler, Hopkins for the plaintiff, and Andrews on the defense. In presenting the testimony Hopkins constantly asked leading questions, which Andrews object- ed to; but as the former did not seem to get along very well without, he was allowed to proceed ; but when Andrews called his first witness he very properly asked him a leading question, directing his attention to the subject matter in controversy, to which Hopkins objected. What is your objection ? It is lead- ing. The court remarked to him pleasantly, that he thought he was the last man to object to leading questions. He replied, "I am the last man, I just did it."
Joseph M. Root is also remembered as one of the early lawyers of Erie county. He came from New York State and read with William H. Hunter, and then opened an office for practice. Afterward he located at Norwalk, and from there was elected to Congress, first in 1845, and was twice thereafter re- elected, the last time while residing in this county, to which he had returned. This was in 1849. He practiced here a number of years after his term of office expired but is now dead.
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HISTORY OF ERIE COUNTY.
William H. Hunter was a somewhat prominent figure in the profes- sion and he too represented the district in Congress during the year 1837- 1839.
Justin H. Tyler will also be remembered by the old residents of Huron township especially. He was a Massachusetts Yankee, but came to this Stat. from New York. He was located at Huron early in the forties but left in a few years and became a resident of Henry county where he now lives.
Rush R. Sloane was born in Sandusky. He read law with F. D. Parish, and was admitted at Mansfield, Ohio, in 1849. He retired from practice to assume the duties of the office of probate judge, to which he was elected in 1857. He was re-elected in 1860, but resigned in April, 1861, to accept the appointment from President Lincoln, as general agent of the post-office de- partment and located with headquarters at Chicago.
Beside these who have been mentioned in the above sketches, there are a few others who were members of the old bar and who are members of the pres- ent bar of the county, in which latter connection notice of them will be found. And it is possible that in the recollection of these pioneers of the profession, the names of some may, through inadvertence, have been omitted, and it may be true too, that some of the itinerant characters may have been entirely over- looked. There is, in every profession, and the legal is not exempt from it, some evanescent characters, some who have branched off into other pursuits, some who perhaps may have fallen by the wayside, and to the profession have become lost. But as the years came and went, the county grew more popu- lous and of course the ranks became swelled in numbers, and among them may be found the names of men well known throughout the entire county. In the year 1855, seventeen years after the organization of the county, it is found that the profession, in the city of Sandusky, was represented in the legal profession about as follows : Samuel Minor, who afterward went to Los Angeles, Cal. : O. C. McLouth, who was clerk of the courts from 1870 to 1875, and prior to that was prosecuting attorney from 1856 to 1860; John Mackey, a mention of whom will be found among the members of the present bar ; Counselors Mc- Louth and Mackey were law partners in 18855. Lane, Stone and Lane were partners, the firm being composed of Hon. Ebenezer Lane, Walter F. Stone and William G. Lane. Concerning Judge Ebenezer Lane mention has already been made. Walter F. Stone, like the senior partner of the firm, became judge of the Common Pleas and also judge of the Supreme Court. He died in Cali- fornia. William G. Lane was the son of Ebenezer Lane. In 1843 he was graduated from Yale College, after which he attended the Harvard Law School. He further prosecuted his legal study under the instruction of the best Ger- man professors, at Berlin, after which he returned to this country and became professionally associated with his father, who, during the son's absence, had been a resident of Sandusky. In 1873 Mr. Lane became judge of the Com-
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THE BENCH AND BAR.
mon Pleas for the fourth judicial district. Judge Lane died at Sandusky on the 28th day of October, 1878.
Alonzo W. Hendry, better known as Judge Hendry, from the fact of his having been, from 1863 to 1870, the probate judge of the county, was born in Erie county, N. Y., and came to Lorain county in 1834. He was admitted to the bar in 1842 and came to Sandusky in 1843. He is now virtually retired from practice. At a period earlier than that mentioned Mr. Hendry was prom- nently before the people of the county, as he was from 1848 until 1852, the prosecuting attorney of the county. £ Besides his political holdings Judge Hendry has been for many years a prominent figure in the affairs of the city.
George Reber is remembered as a good trial lawyer, and although he seems not to have been conspicuous as an office holder, he nevertheless enjoyed a fair share of the legal practice and was connected with many of the leading cases. He is now dead.
John J. Finch has been a member of the legal profession for many years but the greater part of his time has been devoted to other pursuits. At the present time he holds the responsible position of collector of customs for the port of Sandusky.
William Tilden had, at the time of which we speak, an office at the corner of Market street and Columbus avenue, where he practiced for some time. He afterward moved to Cincinnati and is now deceased.
Lawrence Wier was another of the old bar, and had an office at No. 66 Railroad street.
Another of the old firms of the city was that of Converse, Giddings & Bige- low. Only one of these partners, J. G Bigelow, is now known to the profes- sion in the county, and he is retired from its active, arduous work.
John G. Miller had an office on the same floor as is now occupied by the city fathers. He is not now living.
The firm of Camp & Leonard was composed of John G. Camp, jr., a son of Major Camp, one of the proprietors of the town, and Cuyler Leonard. Their office was located at No. 128 Water street. Neither partner of this firm is now living in the county.
There were others, of course, who were in active practice at the time, 1855, and all are mentioned in some manner in this chapter. A majority are joined with "the great majority" while a few are yet in practice. These latter will be found mentioned in the sketches of the members of the present bar.
SKETCHES OF MEMBERS OF THE PRESENT BAR.
Hon. E. B. Sadler.1 Judge Sadler certainly stands to day, the senior mem-
' Since deceased.
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HISTORY OF ERIE COUNTY.
ber of the Erie county bar, his connection therewith having covered a period of more than a half century.
Ebenezer Brown Sadler was born in the town of Grafton, State of Massa- chusetts, on the 16th of November, 1808. When he was five years old his pa- rents moved to New Hampshire, where they remained only two years, and then went to Geneva, N. Y., traveling the entire distance in sleighs. After a year's residence at Geneva the family again moved, this time to a town in Erie county, N. Y., fifteen miles east of Buffalo. Three years later they moved to Lima, Livingston county.
At the age of eighteen years young Sadler bought his " time " of his father and started out to make his own way in life. . During the summer months he worked as he could find employment and the winter found him at school. This continued until he was qualified for teaching, which occupation he then followed, devoting his leisure time, however, to the study of the law with Hon. John Dickson, of West Bloomfield, N. Y., then member of Congress from Ontario county. In this way he was engaged some three or four years, when, in May, 1835, he started west.
For some time Mr. Sadler traveled about, visiting various localities, but finally settled down at Sandusky city. He entered the law office of Francis D. Parish, where he further prosecuted his legal study until the month of July, 1836, at which time he was admitted to practice. A partnership was then formed with Mr. Parish, which relation was maintained until the year 1847, when our subject was appointed judge of the Common Pleas Court for the circuit com- prising the counties of Huron, Erie, Sandusky, Ottawa, Lucas, Seneca, Wood and Henry. By the adoption of the new constitution of 1852, Judge Sadler was legislated out of office. He then returned to his profession and so con- tinued until his appointment as postmaster at Sandusky city, in which capac- ity he served about two years, but was then removed on account of the fact that he would not lend himself and his official position to certain politica! schemes, and A. C. Van Tine was nominated as his successor.
In 1867 Judge Sadler was nominated and elected State Senator, serving in the Upper House of the Legislature two years. After his term expired he returned to professional work. In 1875 he formed a law partnership with his son, Charles W. Sadler, which firm relation has ever since been main- tained.
Homer Goodwin. This well known member of the Erie county bar is a native of Ohio, born on the 15th day of October, 1819. His father was a phy- sician of Burton, Geauga county, but resided during the youth of our subject, on a farm, and here Homer passed the days of boyhood and youth. He re- ceived an academic education, and in 1840 entered the Western Reserve Co !- lege, then in Summit county, where he pursued a regular classical course of study and was graduated in July, 1844, receiving the the degrees of A. B.
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