History of Madison County Ohio: Its People, Industries and Institutions, Part 58

Author: Chester E. Bryan
Publication date: 1915
Publisher:
Number of Pages: 1207

USA > Ohio > Madison County > History of Madison County Ohio: Its People, Industries and Institutions > Part 58

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anything definite of Mr. Jewett, only that he practiced law in Springfield for several years during the early history of that city.

Another of the pioneer visiting lawyers of the courts of Madison county, and who was prosecuting attorney from November, 1823, until the close of 1824, was Joshua Folsom, who was born at Henniker, New Hampshire, in the year 1783. He attended college at Dartmouth, but did not graduate. After leaving college, he read law at Balti- more in the office of Goodloe Harper, a very distinguished lawyer and orator, and member of the United States Senate. He began the practice of law at Circleville, Ohio, about the year 1810. He practiced law at Circleville and Columbus, where he resided for some time, and then returned to Circleville. Mr. Folsom was a man of very exten- sive information. He never held any office except that of prosecuting attorney of Pickaway and Madison counties. His descendants reside in Circleville,

Besides those attorneys who were judges and prosecutors of the courts of Madison county, the following have practiced law at this bar : James K. Corey, Noah H. Swayne, John W. Anderson, Brush & Gilbert and P. B. Wilcox, of Columbus. From Urbana came Moses Corwin and John H. Young; from Circleville, Joseph Olds, Sr .; from Chillicothe, William Creighton and Henry Brush, the latter of whom settled in Madison county and died on the farm west of town owned by Frank and Horace Jones. From Xenia came John Alexander, and from Springfield, Charles Anthony, William A. Rodgers, Samson Mason, William White, and perhaps a few others from the several towns and adjoining counties.

FORMER RESIDENT ATTORNEYS.

The first lawyer to locate in London was A. D. Vanhorn, a native of Vermont, who came here in 1819. He made his home at the hotel of Phillip Lewis and is said to have been a fine looking man and a lawyer of considerable ability. We find his name on record as prosecuting attorney in 1820, and that he died shortly after.

The next lawyer to settle in London was Patrick G. Goode. He came from Xenia in the spring of 1821, and from July, 1821, until October, 1822, was prosecuting attor- ney of this county. He possessed an overpowering appetite for strong drink, and after remaining here about two years removed to Sidney, Ohio. Soon afterward be aban- doned his drinking habits, was joined by his wife, who had previously separated from him, became judge of the court of common pleas in that district and a member of Congress, and during the remainder of his life was one of the most prominent men in that part of Ohio.

Samuel N. Kerr was the next lawyer to locate in London. He was born in Miami county, Ohio, studied law at Troy, was admitted to the bar and located here in 1824. He boarded at the Phillips House, and subsequently. married a daughter of Colonel Lewis. He practiced his profession for many years in this county and. accumulated considerable property. He was prosecuting attorney of this county from 1825 to 1836, Inclusive, and again in 1839-40. During a considerable period of the county's history he was the only resident lawyer, and is said to have been. a good one. About 1851 he removed to a farm which he purchased near Peoria, Illinois, and spent the remainder of his days in that state, where he died.

Isaac N. Jones and William R. Roberts were the next to "hang out shingles" in London. The former came from Tennessee and was prosecuting attorney in 1837-8. In the fall of 1840 he removed to Philadelphia and engaged in merchandising; thence he removed to Missouri, where he followed his profession with considerable success. While in London, he married a daughter of George Phifer, a well-known pioneer of Madison county. Mr. Roberts came from Philadelphia to Ohio and settled in London about 1898; after a short residence, he removed to Indianapolis, where he married a rich wife and

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became much respected. He did not practice law and we are not advised of any further facts in his history.

James F. Freeman was born in Belmont county, Ohio, in 1815, and received the advantages of a common-school education. At the age of twenty-one, in 1838, he entered the law office of Samuel N. Kerr, of London, and was admitted to the bar soon after- ward. He' immediately begun the practice of his profession in London and devoted to it the whole of his energies until shortly before his derth, which occurred at Harris- burg. Franklin county, in 1857. He was appointed clerk of the court in 1839 to fill the vacancy occasioned by the death of John Moore, and served in that capacity until May, 1841. Daring the years 1852-3 he served as prosecuting attorney of the county. Mr. Freeman was a man of much ability, a good lawyer, a keen observer and a ready speaker.

Henry W. Smith was one of the early members of the Madison county bar. He was born in Oneida county, New York, in 1814. His ancestors were from Great Britain and located in Massachusetts and Connecticut. He was educated in the common schools and at Oswego Academy, New York. In 1838 be came to Circleville, Ohio, and began the study of law with H. A. Hedges, completing his studies with G. W. Doane. He was admitted to the bar in 1840 and settled in London. He was elected prosecuting attorney in the fall of 1840, in 1842 and in 1844, thus holding the office for six consecutive years. In 1856 he was appointed to fill a vacancy in the same office, and was again elected in 1860 and again in 1864. In the fall of 1848 he was elected to represent Madison, Clark and Champaign counties in the General Assembly of Ohio, and was re-elected in 1849. He was a very active and useful member of the General Assembly and was the author of several important laws now upon the statutes. In the fall of the year 1853 he was elected to the Senate from the district composed of the counties of Clark, Madison and Champaign. In 1870 he was appointed by President Grant assessor of internal revenue for the seventh district of Ohio and served for about three years, collecting for the gov- ernment during that time over two millions of dollars in revenue. He had two brothers who became distinguished generals in the army during the Civil War, Brig .- Gens. Morgan L. Smith and Giles A. Smith. Mr. Smith was a very competent business lawyer and enjoyed the respect and confidence of the people. He died on April 5, 1800.

In 1843 Z. T. Fisher, a one-armed man and a native of Delaware county, Ohio, where he had read law and had been admitted to practice, located in London. From 1847 to 1851 he was prosecuting attorney of Madison county and represented the county in the General Assembly in 1852 and 1854; soon afterward he removed to Iowa, where he continued to practice his profession and died there.

John I. McCormack was born in London, Ohio, and was a son of Thomas McCor- mack. He was elected prosecuting attorney in the fall of 1857, and in 1858 resigned and removed to the state of Iowa, where he became editor of a paper and achieved prom- inence and success in that state.

Robert M. Hanson was born in Madison county, Ohio, in 1837. He was left an orphan at an early age. He attended the district schools until near the age of maturity. when he entered the Miami University at Oxford. Ohio, where he was a student for some time. He studied law with Hon. H. W. Smith, and in the meantime taught school several terms. He was admitted to the bar late in the winter of 1860-61. Before he could get located to practice law, President Lincoln called for seventy-five thousand vol- unteers. Mr. Hanson was among the first to enlist as a private in Captain Acton's company for a period of three months. At the end of this service he was appointed captain of Company B, Ninety-fifth Ohio Volunteer Infantry, and was mustered into the service again in August, 1862. He served until the close of the war and was discharged in July, 1865. In the fall of 1865 he was elected representative from Madison county

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and served one term. In 1868 he was appointed by President Grant consul to Bremen. While in that service he suffered from a wound received in the war, and determined to return home, but the long sea voyage was too severe and on September 14, 1873, he died on shipboard, almost in sight of his native land. Captain Hanson was a brave soldier and a splendid man. His services as a soldier were conspicuous for valor, and as a representative of his country abroad he was faithful and satisfactory.

John R. Montgomery was born in Richland county, Ohio, and located in this county as a lawyer in 1855. He was prosecuting attorney of Madison county from 1858 to 1860. In 1861 he removed to Little Rock, Arkansas, became attorney-general of that state and continued in the practice of the law for some years; he then removed to Jacksonville, Arkansas, where he purchased a large plantation and engaged in farming.

James S. Jones, a native of London, was born July 31, 1830. He studied law with Mr. Harrison. was admitted to the bar in 1853. and was prosecuting attorney of the county in 1854-5. Shortly afterward he removed to Champaign. county, IlInois, where he continued in the practice of the law until his death.

Benjamin F. Montgomery came from his home in Richland county, read law in his brother's office in London, was admitted to the bar in 1860 and practiced law here with his brother for some time. He removed to what is now the state of Utah, where he engaged in mining and became very wealthy. We are unable to obtain anything further of his history.

. Richard A. Harrison was born in Thirsk, Yorkshire, England. on the 8th day of April, 1824, and, with his parents, came to America when a youth of eight years. The family located in Warren county, Ohio, and afterwards removed to Springfield, Ohio. The advantages of wealth were unknown to him in his youth; but energy and . perse- verance were his, and a laudable ambition accomplished his advancement and crowning success. He was indebted to the village school for his early education, which was supplemented by instruction in the little academy conducted by Rev. Chandler Robbins, in Springfield, Ohio. From the age of twelve he was self-dependent and his aspiring and untiring efforts were the means by which he reached the desired goal. As "carrier and devil," he worked in the office of the Springfield Republic and in the printing office, the "poor man's college," he added greatly to his store of knowledge.

Imbued with the desire to enter the legal profession, he became a student in the law office of the distinguished William A. Rodgers in 1844, and later graduated from the Cincinnati Law School. He was admitted to the bar in April, 1846, and at once opened an office in London, Madison county. His success at the bar was immediately pronounced. and he at once became a lender in legal circles of that locality. His conspicuous ability also won political distinction, and he was elected in 1857 to the General Assembly as a representative of. Madison county. In 1859 he was elected state senator from the counties of Madison, Clark and Champaign. In 1861 he was elected to Congress to fill a vacancy made by the resignation of Thomas Corwin upou the latter's appointment as United States minister to Mexico by President Lincoln. Mr. Harrison was appointed by Governor Hays, and by the Senate confirmed, a meni- ber of the supreme court commission of Ohio in 1875, but declined the honor. During the latter part of President Harrison's administration the honor of an appointment to the supreme bench of the United States would have been conferred upon him had his age not proven an obstacle, he having then passed his sixtieth birthday. When a member of the Senate, and while the momentous questions of that time were being discussed, Mr. Harrison framed a set of resolutions which were passed by the Ohio Legislature in January, 1861, pledging Chio and its resources to the support of the Union and the administration of President Lincoln. When Mr. Lincoln. on his way to be inaugurated, passed through Columbus, on being introduced . by Governor Dennison

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to Mr. Harrison, inquired : "Is this the author of the resolution offering the resources of the state of Ohio to the government?" On being answered in the affirmative, he grasped Senator Harrison's hand again and exclaimed in his characteristic way : "Well, I must give you an extra shake."

In May, 1873, Mr. Harrison moved to Columbus, Ohio, where he was engaged in the active practice of the law until his death, having filed a brief in the supreme court the day before he died. He was a member of the ba- of London for twenty-seven years. Soon after his admission to the bar, he married here his wife, Miss Maria Louisa Warner, a daughter of one of the most prominent pioneers of Madison county. His children were all born in London, and those who have died were buried here. He died on July 30, 1904, more than eighty years of age, and was buried at London.

We have given with pleasure some space to Mr. Harrison, because he was one of ' the most conspicuous figures in the history of the jurisprudence of Ohio. In the long and prolific line of distinguished men of whom the commonwealth is justly proud, the public life of few has extended over as wide a period as his; and certainly the career of none other has been more varied in service, more constant in honor, more fearless in conduct and more stainless in reputation. His great legal ability and his unswerving devotion to the interests committed to his charge won for him a renown not confined to his state; at home and abroad he is recognized as one of the most eminent jurists and able lawyers who have ever been engaged in the practice of law in the state of Ohio. The people of Madison county take a just pride in his fame and career.

It is reported in the New Testament that St. Paul, who was a lawyer, learned the law at the feet of Gamaliel. It will be observed from this sketch that many lawyers read law under Mr. Harrison. When a young man wanted to learn the law, he desired Mr. Harrison's instruction. In his declining years many attorneys with important cases consulted him to learn the law. He was a modern Gamaliel.

Otis C. Smith was born in London, Ohio, in 1845. After graduating from the London high school he prepared to enter college under the instruction of Rev. C. W. Finley. He entered Miami University and graduated in the class of 1866. He studied law with his father, Hon. H. W. Smith, and was admitted to the bar in 1868, beginning the practice of law with his father. His health was delicate; his career was brief, and, after a lingering illness, he died on June 24, 1873. He had natural ability and acquired knowledge, and was most highly esteemed.

John C. McCloud was born in .Union county, Ohio, in 1829. He attended the Ohio Wesleyan University and studied law with R. A. Harrison; was admitted to the bar in 1857, and formed a partnership with Mr. Harrison, which continued for a few years. He then practiced law until 1884, when he was stricken with paralysis and died in April, 1887. Mr. McCloud was a self-made man. He was modest and retiring. never seeking notoriety. He was friendly and encouraging to the younger members of the bar. He had good common sense and sound judgment; was a wit and a most excellent story-teller. He was strongly endowed physically and mentally and could grasp a large question in a short study.

J. F. Chapman was born in Madison county in 1843. He was a self-educated man. never attending school but three months. He enlisted in 1862 in the One Hundred and Thirteenth Ohio Volunteer Infantry, and served until the close of the war. He then read law with J. C. McCloud, was admitted to the bar in 1869, and practiced law until his death, in 1879. Mr. Chapman's early education being so limited, he was not an educated or well-equipped lawyer. He naturally possessed a strong and active mind. He was a fluent speaker and a good jury lawyer. He had a large and successful practice before justices of the peace. (26)

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Palmer Smith was born in London in 1857 and was the son of H. W. Smith, of whom we have written. He graduated from the Cincinnati Law School in 1877. He was mayor one term and prosecuting attorney one terin. He was a genial fellow and a good lawyer. Death claimed him early, he dying in 1898.

George B. Cannon was born in Pickaway county in 1851. He received a common- school education and taught school for eight years. during which time he studied law, and was admitted to the bar in 1878. He practiced law here until his death, in 1903. Mr. Cannon was a student and was well informed in history and literature. He was also informed on current political events.

Emery Smith was born in Delaware county in 1838; received a common-school education. attended Oberlin College and Cleveland Law School and was admitted to the bar in 1860. He enlisted in the Seventeenth Ohio Volunteer Infantry and served three months. He died in 1904 at London. Mr. Smith had a bright mind. was an excep- tionally good trial lawyer and for a long time had a good law practice. He was a good public speaker, and was impetuous and ardent.

George W. Wilson was born in Clark county, Ohio, in 1840. Receiving a common- school education. he attended Antioch College, of which the distinguished Horace Mann was president. He enlisted in the Ninety-fourth Regiment in 1862, and was afterwards commissioned, respectively, second and first lieutenant in the regiment. He was mus- tered out of the service in 1865. After the war he resumed his studies with Mr. Harrison and was admitted to the bar in 1866. He held the office of prosecuting attorney for two terms, 1867 to 1871. He was in 1871 elected representative in the Ohio Legislature for one term. He was elected to the state Senate in 1877 and served one term. He was elected a member of Congress in 1892 from the seventh district, and re-elected in 1894. He died on November 22, 1909. He was a very able lawyer and honorable man.

O. P. Converse was born in Champaign county. Ohio, in 1842. He received a good common-school education, taught school for several years and was a student for awhile in the Ohio Wesleyan University. When the Civil War commenced he enlisted in the Eighty-sixth Ohio Volunteer Infantry and served about a year, when he was discharged on account of physical disability. He studied law with Hon. George L. Converse and was admitted to the bar in 1874. He practiced law in Columbus, Ohio, until 1884, when he entered into partnership with J. C. McCloud, at London, where he continued in the active practice of the law. Mr. Converse was industrious. alert and honest. While he made no pretention to great learning, yet he was a very safe counsellor and a most correct business lawyer. He died in April, 1913.

John J. Bell was admitted to the bar in 1873 in Greene county. He came to London in 1874, and in the fall of that year was elected prosecuting attorney of this county. He was an easy, fluent speaker and was a fair official. He left London in 1879 and located in New Mexico, where he practiced law and became a member of the Senate of that then territory. He died there in the early nineties.

Martin O'Donnell was born in Greene county, Ohio, in 1853. His education was received in the high school at Xenia. In 1871 he came to London and clerked for Mr. Riley, a leading merchant. During that time he studied law under the instructions of Mr. McCloud. He was admitted to the bar in 1875, and at once formed a partnership with Mr. McCloud, which continued until 1889, when, on account of ill health, he went to Colorado, where he soon afterwards died. Mr. O'Donnell was aggressive, forcible and keen. He had a bright mind and retentive memory. He was not scholastic nor pro- found, but was intensely practical.

George W. Burnham was born in Champaign county, Ohio. His parents removed to Iowa when he was a small child, and there he grew to maturity and graduated from

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the Agricultural College of that state. He came to Ohio about 1870 and began reading law in the office of John C. McCloud. He was admitted to the bar in 1873, and formed a partnership with Mr. McCloud. He returned to lowa in 1875 and located in Vinton, where he engaged in the practice of law. He was elected judge of a superior court of that state for one term. He now is engaged in the practice of law there.

William B. Hamilton was born in Marysville, Union county, Ohio, in 1855. His father . was Hon. Cornelius S. Hamilton, a lawyer and a member of Congress at the time of his death, in 1876. William B. was a graduate of Adrian College. He taught school for some time and studied law, was admitted to the bar in 1877, and began the practice of law with Judge Lincoln in London. Ill health caused him to retire from the practice in 1885, and he returned to his native county of Union, where he died in 1887.

Napoleon Bonaparte Porter was born in Union township, this county, in .1856: He attended the country schools and the London high school, from which he graduated in 1876. and then entered Dartmouth College, where he graduated in 1880. He studied law with Wilson & Durflinger in London one year, and attended the Cincinnati Law School, where he graduated, and was admitted to the bar in 1883. He practiced law a short time and then, on account of failing health, removed to Colorado, where he died in 1884. Mr. Porter was a finely educated young lawyer, had the ambition to become an orator and was possessed of that gift. He once delivered in London, word for word, Wendell Phillips' lecture and masterpiece, "The Lost Arts."

John A. Lincoln was born in London in 1863. His mother died when he was quite yonng, and he went to Connecticut and made his home with his aunt. He attended the common schools there and also attended Muncon Academy in Massachusetts. He came to Ohio and attended Kenyon College a year or two. He read law under James Wright, a very able lawyer at Worthington, Ohio, was admitted to the bar in 1886, and began' the practice of law in London with his father. In 1907 he entered into partnership with R. H. McCloud, which continued until his death. He served one term as solicitor of London, and was twice the choice of his party for the office of prosecuting attorney.' He was a well-informed man and a good trial lawyer. He had the spirit of an orator and was forcible before court or jury. He died in June, 1915.

Robert J. Watson was born in Paint township, Madison county, Ohio, in 1872. After attending the common schools, he entered the preparatory department of the Ohio State University, and afterwards became a student of Kenyon College, at Gambier, Ohio, where he graduated in 1803. He then attended the law school of Harvard University for two years. He was admitted to the bar by the supreme court of Ohio in 1898. Dili- gent study and hard intellectual efforts weakened his delicate constitution, and, linger- ing, he died on April 13, 1899. He was brilliant and gave promise of a successful career.

Cilton Howard Stoll was born in Somerford township, Madison county, Ohio, August 1. 1875. He attended the common schools and taught school several years; was a student at the Ohio Northern University, at Ada, for some time, where he began the study of law. He then read law under the instruction of Bruce P. Jones, of London, was admitted to the bar in 1902. and at once began the practice of law in London. He was honest, careful and laborious. At the time of his death, March 20, 1914, he was acting solicitor for the village of London.

Samuel F. Marsh was born in Union county, Ohio. in 1843. He received a thorough enrly eflucation. He studied law under Judge Lincoln at London, and was admitted to the bar in 1867. He soon afterward married a daughter of R. A. Harrison, and at once entered into partnership with him in the practice of law, which continued until a short time before the death of Mr. Marsh in 1896. He was a learned man and accurate

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lawyer. The distinguished author and diplomat, George P. Marsh, of Vermont, was his uncle.

Fred W. Webster was born in Lorain county, Ohio. He graduated at Oberlin College, . and, after his admission to the bar. located in London, about 1882, where he practiced law for several years, and returned to Oberlin, where he died in 1912.

Samuel P. Wilson was born in Jefferson township. Madison county, Ohio, in 1868. He received a good common-school education, and taught school several years. He attended the law school at Ada, Ohio, where he graduated; he was admitted to the bar in 1893, and at once began the practice of law, which he continued until his death, in October, 1912.

Guy Underwood was born in London, Ohio, in 1867, and graduated from the high school there in 1884. He taught school several years. He spent ten years in Washing- ton, D. C., where he was private secretary to Congressmen G. W. Wilson and Walter Weaver. He studied law at Columbian University, in that city. where he graduated, and was admitted to the bar in Ohio in 1896, commencing the practice of law in Lon- don in 1902. He died in September, 1915.

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History of Madison County Ohio: Its People, Industries and Institutions, Part 58

Author: Chester E. Bryan Publication date: 1915 Publisher: Number of Pages: 1207

Author: Chester E. Bryan
Publication date: 1915
Publisher:
Number of Pages: 1207