USA > Ohio > Madison County > History of Madison County, Ohio : its people, industries and institution with biographical sketches of representative citizens and genealogical records of many of the old families > Part 59
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Howard C. Black was born in Plain City, Madison county, Ohio. He attended the Ohio State University and read law under Thomas E. Powell, of Columbus. Ile was admitted to the bar in 1887 and began to practice law in Plain City. A few years later he located in Ottumwa, Iowa, where he now resides.
George II. Hamilton was born in Midway. Madison county. Ohio. He taught school several years; studied law with Judge Badger; was admitted to the bar in 1881, and began to practice law in London. Ile was mayor of London two terms. In 1893 he located in the state of Washington, where he is engaged in the practice of law.
John Dineen was born in Paint township. Madison county, Ohio. He attended the London high school, and the Cincinnati Law School, where he graduated in 1909, and was admitted to the bar at the same time. He practices law in Dayton, Ohio.
Jolm M. Markley was born in Somerford township, Madison county. Ohio, in 1852. He taught school several terms; attended the law school of the University of Michigan : was admitted to the bar in 1888, and located in Indianapolis. Indiana, where he now resides.
Floyd Johnson was born in Range township. this county, and practices law in Springfield, Ohio.
Patrick Higgins was born in Somerford township, and practices law in Spring- field, Ohio.
LIVING RESIDENT ATTORNEYS.
Bruce Paul Jones is now the nestor of the Madison county bar. He was born in London. Ohio. May 9. 1843. His father, with his family, soon afterward settled on his farm about three miles east of London. Here Mr. Jones attended the common school in the neighborhood and also the London Academy. He afterward entered the Miami University at Oxford. Ohio, and graduated in the classical course there in 1868. He then began the study of law under John C. McCloud and was admitted to the bar in 1870. He then went to Ottawa, Kansas, where he began the practice of law. and remained there five years, during which time he filled the office of city attorney and police judge, and was editor of the Ottawa Times, the leading newspaper of that city. In 1875 he returned to London to practice law. In 1879 he was elected mayor of Lon- don. which office he held until 1882. He was elected prosecuting attorney of Madison connty in 1884. and re-elected in 1886, his second term expiring in January, 1889. Ile was city solicitor of London three terms. The degree of Master of Arts was conferred upon him by Miami University in 1887. He is a member of the Miami chapter of the Phi Beta Kappa society, a distinguished Greek-letter fraternity.
Jolin Fletcher Locke, the next oldest member of the bar, was born in Somerford township. August 12. 1847. He attended the common schools and entered the Ohio Wesleyan University in the fall of 1865, being an alumnus of the college of the class of 1870. He then read law under the tutorship of R. A. Harrison for two years, and was admitted to the bar in 1872. He then began the practice of law in London and has continued in the practice to the present time. He was elected city solicitor of Lon- don in 1873. In 1875 he was elected mayor to fill a vacancy caused by the resignation of John Jones and served as mayor one year. In 1878 he was elected prosecuting attor- ney of this county, and was re-elected in 1878. In 1879 he was elected representative from this county to the General Assembly and re-elected in 1881. He was again elected
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representative in 1893. He is thus far the only man elected to the General Assembly three terms from this county. In June, 1898, he volunteered as a United States soldier in the Spanish-American War, and served as captain of Company E, Third Ohio Volun- teer Infantry, until the company was discharged, October 26. 1898.
Richard Harrison MeCloud was born in London in 1858. He attended school in the village and graduated from the London high school in 1875. He attended the Ohio State University two years, and read law with his father, John C. McCloud ; he was admitted to the bar in 1879, at once began the practice of law in London, and has continued in the practice to the present time. He has served several terms as a member of the board of education of London. Never desiring office, he has for years been a member of the Republican state central committee from this congressional district.
Michael Sylvester Murray was born on January 1. 1856, in Stokes township, Madi- son county, Ohio. After receiving a common-school education in the country, he attended the normal school at Lebanon, Ohio, under the instruction of the celebrated educator, Doctor Holbrook, for two years. He taught school for several terms, studied law with Judge Badger in London and was admitted to the bar in 1884. Ile at once began the practice of law here and is still an active lawyer.
Albert T. Cordray was born in Tuscarawas county, Ohio, in 1861. He lost his father at the battle of Chickamanga in 1863. He received his early schooling in New Philadelphia, Ohio, and taught school for several years. He attended Doctor Holbrook's normal college, at Lebanon. Ohio, where he graduated in 1883. He taught the grammar school in Mt. Sterling, Ohio, two years, and was superintendent of the high school there two years. He studied law privately, while teaching, and in 1891 was admitted to the bar, beginning the practice of law in London, He was elected and served two terms, 1903-07, as mayor of London.
Peyton Randolph Emery was born in Range township, Madison county, Ohio. in 1867. He attended the country school and the London high school, from which he gradu- ated in the class of 1888. He read law with Judge Durflinger in London and Judge Alsberry in Columbus. He attended the Ohio Wesleyan University two years, and. afterward. the law school of the Ohio State University, from which he graduated in 1893, being admitted to the bar at the same time. He then formed a partnership with Mr. Durflinger, which continued until the latter's election as judge, when he became a member of the law firm of Murray & Emery. He served as first lieutenant of Com- pany E, Third Ohio Volunteer Infantry, in the Spanish-American War, until the close of the war.
Cary Jones was born in Fayette county, Ohio, in 1862. He attended the common schools and worked upon his father's farm, He graduated at Buchtel College, Akron. Ohio, and at the Cincinnati Law School in 1889, being admitted to the bar at the same time. He at once located in London and began the practice of law. He was elected proseenting attorney of this county in 1894 and re-elected in 1897. During his two terms as prosecuting attorney it became his unpleasant duty to try more cases on the charge of murder and manslaughter than all his predecessors for more than twenty years.
Cyrus R. Hornbeck was born in this county, near the present state fish hatchery, in 1858. He attended the common schools and worked on the farm until nearing manhood. He taught school several terms. He came to London and was justice of the peace six years, during which time he studied law, and was admitted to the bar. He was elected prosecuting attorney in 1900 and re-elected in 1903.
James Finley Bell was born in Oak Run township. Madison county, Ohio, in 1872. Ile attended the common schools and taught school several years. Ile graduated from Pearson's Business College, Columbus, and then studied law at the Ohio State Univer-
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sity, from which he graduated in 1899, and was admitted to the bar at the same time. He began the practice of law in London, in 1900. He was elected mayor of London and served one term. 1908-09. Ile was elected proseenting attorney of Madison county and served one term. 1911-12. He was for some time acting city solicitor and legal advisor for the village of London, being appointed by the village council.
Harford Bennett Welsh was born in Paint township. Madison county, Ohio, Angust 12. 187S. Ile attended the country schools until he was twelve years old. His parents removed to Washington C. H. in 1890 and he attended the high school there, graduating in the class of 1806. He attended the Ohio State Chiversity and gradnated in 1900; was admitted to the bar in 1901 and at once began the practice of law in London. He was elected prosecuting attorney of Madison county in 1906 and served two terms. until January, 1911.
Edward Woodward Johnson was born in Jefferson township. Madison county, Ohio, October 27. 1876. He attended the public schools until he was sixteen, and then taught school for three years. He went to Ohio Northern University at Ada, Ohio, and gradu- ated there in 189S, with degree of Bachelor of Arts. He studied law at Ada until 1903. when he graduated and was admitted to the bar the same year. He then began the practice of law in Madison county. In 1911 he was elected a delegate from Madison comty to the constitutional convention of 1912. and served as a member of that con- vention, which framed the present constitution of Ohio, which was adopted by a vote of the people, September 3, 1912.
Charles C. Crabbe was born in Range township, Madison county, in 1878, and received his early education in the public schools of Fairfield township. He taught school seven years in Madison county. He attended the law school at Ohio Northern University, and was admitted to the bar in 1904. at once locating in London to practice law. lle was elected prosecuting attorney of this county in 1912. re-elected in 1914, and is the present incumbent. He is also city solicitor of London, being appointed by the council.
Leo Holland was born in Vinton county. Ohio, in 1857: came to London with his parents when he was abont a year old; attended the Catholic school in London and St. Mary's College at Dayton, where he graduated in 1897. He then attended the Ohio State University one year and Notre Dame University at South Bend, and when he graduated. in 1900, attended Harvard Law School one year, being admitted to the bar in 1901. He began the practice of law with Steven & Steel in Columbus, and located in London. to practice law, in 1905. He has been city solicitor two terms.
J. E. Strayer was born in Logan county, Ohio,'in 1879. He was reared on a farm, attended the common school and gradnated at the DeGraff high school in 1900. He then attended the, Ohio State University and graduated from the law school there in 1905. when he was admitted to the bar: he located in Plain City, in this county, and has practiced law there since. He has served as clerk of the village and clerk of the township.
In later years ofher prominent and able lawyers have appeared in the trial of cases in the courts of Madison county. George K. Nash, of Columbus, afterward gov- ernor of Ohio: Col. J. T. Holmes, Cyrus Inling. Henry Gumble, Joseph H. Dyer, C'hauney N. Olds, Thomas E. Powell. Thomas E. Keating. Henry J. Booth, and ex-At- torney-General Timothy S. Hogan, of Columbus: Samuel A. Bowman. George Rawlins, Thomas J. Pringle, Eldin Bowman. Horace Stafford and James G. Johnson, of Spring- field ; James J. Winans and Charles Darlington, of Xenia ; William P. Ried. of Dela- ware: D. W. Ayers, of Marysville: Gen. E. B. Finley, of Bucyrus; Mills Gardner and Jolm A. Logan. of Washington C. II. : Henry F. Page and I. N. Abernathy. of Circle-
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ville; John A. McMahon and W. W. Matthews, of Dayton: C. H. Blackburn, Thomas Paxton, Milton Saylor and I. M. Jordan, of Cincinnati. .
PROBATE JUDGE.
The office of probate judge was created by the seventh section of article IV of the Constitution of 1851, and the first election was held to fill said office on the second Tues- day in October, 1851, the official term to be three years. This is a court of record in the fullest sense, and belongs to that class whose records import absolute verity, that are competent to decide on their own jurisdiction, and to exercise it to final judgment with- out setting forth the facts and evidence on which it is rendered. The probate judge has jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors. administrators and guardians, and ' such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators and guardians. also such other jurisdiction in any county as may be provided by law. Nathan Bond was the first to hold this office in. Madison county, serving from 1852 until February, 1858; he was succeeded by B. F. Clark who served from February, 1858, until February, 1864; 1864-76, J. H. Kennedy : 1876-1894, Oliver P. Crabb : 1894-1901, J. L. Haner : 1901-1907, John M. Boyer; 1907-1913. John W. Tanner; since February 9, 1913, Frank J. Murray.
PROSECUTING ATTORNEYS.
The court appointed the prosecuting attorney until January 29. 1833, when a law was enacted providing for his election biennially, vacancies to be filled by the court. Under this law, the appointments were made for an indefinite length of time. No pretensions were made to regularity and, while some served for one term. others held the position for several years. The following persons have filled this office: 1810-14, Ralph Osborn, Circleville : 1815-17, Richard Douglas, Chillicothe : 1815, June term. Caleb Atwater. Circle- ville ; 1816, September term, John R. Parish, Columbus, and G. W. Doan, Circleville : 1817. September term. David Scott, Columbus; 1817-19, John R. Parish; 1820. James Cooley, Urbana, and A. D. Van Horn, who was the first resident attorney of London ; 1821-22. Patrick G. Goode, who was the second resident attorney of London : 1822. October term. G. W. Jewett, Springfield : 1822-23, Caleb Atwater; 1823-24. Joshua Folsom, Circle- ville : 1825-36, Sammel N. Kerr, third resident attorney of London ; 1837-38, Isaac N. Jones. London : 1838. March and May special terms. James L. Torbert, Springfield: 1839- 40, Samnel N. Kerr; 1841-46, Henry W. Smith; 1847-51. Zelot T. Fisher: 1852-53, James F. Freeman ; 1854-55, James S. Jones: 1856-57, Henry W. Smith : 1858, March term. John L. McCormack : 1858-60, John R. Montgomery: 1861-62, Henry W. Smith: 1863-64, George Lincoln : 1865-66, Henry W. Smith; 1867-70, George W. Wilson: 1871-74, Sylvester W. Durffinger : 1875-76, John J. Bell : 1877-79. John F. Locke, who resigned and Martin O'Donnell was appointed to fill the unexpired term; 1881-82, P. C. Smith: 1883-86. D. C. Badger; 1886-89, B. P. Jones: 1889-92, Corwin Locke: 1892-98, Cary Jones: 1898-1904, C. R. Hornbeck : 1904-10, H. B. Welsh: 1910-13. James F. Bell; since January, 1913. C. C. Crabbe.
CLERKS.
The offices of clerk for the court of common pleas and clerk for the supreme court. were separate and distinctive appointments until the adoption of the Constitution in 1852. Each court appointed its own clerk for the term of seven years; but, in Madison county, as in many other counties in the state, the two appointments were always given to the same individual. Under the constitution of 1851 the district court was created and the supreme court established permanently at Columbus. The election of one clerk was provided for, to serve the court of common pleas and the district court, whose official .
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term was fixed at three years. There have been fewer men elected to this office than any other in Madison county. one. A. A. Hume, having held the position for the unprecedented period of forty-one years. From 1810. until June 19, 1815, Robert Hume held the office of clerk, resigning on the latter date. Ile was succeeded by John Moore, who served mitil his death. Jime 27, 1839. James F. Freeman was appointed as third clerk. serving until May, 1841, at that time A. A. Hume took over the duties of the office. Mr. Hume was re-appointed under the old constitution and re-elected continuously under the new until February, 1882. Later are. 1882-85. E. W. MeCormack; II. N. Blair, 1885, until he was removed. on November 21, 1887, on account of irregularities in the affairs of his office: J. M. Warner, appointed by the county commissioners. November 21. 1887, and served the unexpired term of Blair, ending January, 1888; M. F. Dunn, January, 1888, until the first Monday in August. 1894 (his term of office expired February 9, 1894, but he was appointed by the county commissioners to fill the office until the following August ou account of an extension of term): C. E. Arbuckle. 1894-1900; G. W. Crabbe, 1900- 1906; Sammel P. Mccollum. 1906-1911; John II. Foster, 1911-1915; Wilbert D. Hume, since Angust 2, 1915.
SHERIFFS.
The office of sheriff for the counties of the state of Ohio was adopted from the statutes of the older states, under the territorial laws, passed at Marietta. in 1788. The office was appointive until April 3, 1803, at which time an act was passed providing for an election every two years. The following is a list of men who have filled the office in Madison county since its organization : 1810-13. John Moore; 1813-14. James Ballard ; 1815-16, Philip Lewis: 1816-18. James Ballard : 1818-19, William Ware: 1819-24, Nathan Bond : 1825-26, Stephen Moore: 1827-30. Henry Warner: 1831-34. William Warner; 1835- 36. J. Q. Lottspiech : 1837-40, William Warner; 1841-42, William T. Davidson ; 1843-44, Stephen Moore; 1845-46, William Warner: 1847-48, John Jones; 1849. William Squires, who left the county and the office was filled in 1850 by George W. Lohr, coroner : 1851-52. William Warner: 1853-56. Edward McCormick : 1857, William Smith, who left the county in 1858, and the coroner. Calvin Newcomb, served out the term: 1859-62. W. S. Shepherd ; 1863. Calvin Newcomb, who died in office: 1864-65, Robert Withrow : 1866-69. B. H. Lewis ; 1870-73. Henry T. Strawbridge; 1874-77. E. R. Florence: 1878-81. William Jones: 1882-86. John F. Johnston: 1886-90. Jolm T. Vent: 1890-94, Benjamin Emery : 1894-98. J. Scott Chenoweth: 1898-1902. E. S. Gordin : 1902-06. C. A. Wilson: 1906-08. M. E. Hummel (resigned January 1, 1908, in order to avoid a conflict with the state Constitution regard- ing the length of time a person might hold the office. Ilis son. Claude Z., was appointed by the commissioners to the office and held it from January 1. 1908, to Jamary 1. 1909. M. E. Hummel was elected a second time to the office in November, 1908, and held the office from January 1. 1909 to 1911) : 1911-1915, E. W. McCormack : Jamary 4. 1915. Charles L. Weimer.
OFFICIAL, STENOGRAPHERS.
As shorthand writing is an important and necessary adjunct and assistance in the proceedings of our courts and the administration of justice, a few words about it is thought to be of interest. In early times, memoranda of the testimony and charge of the court in a trial or legal proceedings were laboriously written in long hand. Bills of exceptions were agreed to by the attorneys and court, containing the substance, in brief, of the evidence and charge of the court.
While shorthand writing, or stenography, is as old as the time of Queen Elizabeth, its use in the courts of this country is very modern-being first used in the fifties. By it every word of testimony, charge of the court, and the arguments of counsel is accu- rately taken and can be correctly reduced to writing. It is a great saving of time and labor in making up the record of a trial.
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For a long time. stenographers were used and employed by the party to the suit, who desired, and sometimes by both parties. It was not until 1888 that the General Assembly empowered courts to appoint official stenographers, and then, only in the larger counties of the state.
Manus O'Donnell, a lawyer, but not a practitioner, an expert stenographer, acted as court stenographer for several years in our courts. He was employed by the par- ties, paid by them, or by the county when employed in a state case.
By an act of the General Assembly passed in March, 1894, provision was made for the appointment of an official stenographer for Madison county. The powers and duties were the same as have been provided in the authorizing the appointment of stenographers in the larger counties. Afterwards, in 1904. the General Assembly passed an act providing for the appointment of stenographers in all the counties of the state. and the act elating to Madison county was repealed.
Court stenographers have an office in the court house. Their term is three years. The salary is fixed by the court which appoints them. The shorthand notes taken in a case are kept on file in that office. They have power to administer oaths, take depo- sitions and act as referees. The office is one of responsibility and trust. The court stenographer must not only be competent and expert, but possess strict integrity and a keen sense of propriety.
Miss Rose Murray was the first person to hold the office of official stenographer in this county, being appointed in 1894. She is a native of Madison county and was edu- cated in the common schools. She was a very expert and accurate reporter. She held the position until November, 1903. when she resigned to accept a similar position offered her in Pickaway county. She was court stenographer for that county until March, 1912, when, on account of her exceptional ability, she was appointed stenographer for the industrial commission of the state of Ohio, which position she now holds.
In November, 1903. Miss Sue Murray (now Mrs. J. E. Boland ) was appointed offi- cial stenographer to succeed her sister, which position she still fills. She was born in this county aud attended the public schools of the county and also the normal school at Valparaiso, Indiana. She was employed in the printing office of the Madison County Democrat for five years and also in the law office of McCloud & Converse for five years. This experience was an education and of great advantage to her in her present profes- sion. Being exceptionally correct and expert, she is frequently called to other courts of the state to report cases.
NOTES.
It is worth noting that no person has ever been found guilty of murder in the first degree, by a jury, or sentenced to be executed by a judge in Madison county since its organization, although a number of persons have been tried in her courts charged with the crime of murder. At the May term, 1913, one James Thomas was tried before Judge Curtain and a jury on an indictment charging murder in the first degree. The jury found his "Guilty as charged in the indictment," but recommended mercy. Under the law in such cases, he could be sentenced for life only, which was done.
The prisoner now serving the longest continuous period of time in the Ohio peni- tentiary is Jolin Tracy, who was tried in August, 1883, at London, before a jury and Judge Eli P. Evans, on an indictment for murder in the first degree. His defense was insanity. The verdict was "Guilty of murder in the second degree." and he was sen- tenced for life. Efforts have been made to secure a reprieve and pardon, but without success.
The largest verdict and judgment ever rendered in the county was for $250,340, in a case tried in the probate court of this county before Judge Frank J. Murray and a jury, in January, 1914. The case was a proceeding brought by the state of Ohio against
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Jolm Ellsworth and Minerva Hardin to appropriate about one thousand five Indred acres of their lands near London for the purpose of locating a new penitentiary thereon. The amount of the verdict was paid by the state into court, deeds duly made for the lands, the state took possession and the new penitentiary is being constructed thereon.
The smallest verdiet and judgment in the court of common pleas in the county was for one cent. in a case tried before Judge Abernathy and a jury, at the February term, 1$90. One Arthur Stutson brought a suit against the judges of election of the village of Jefferson in this county. for wilfully refusing to accept his hallot offered at a certain election held in that village, to his damage in the sum of five thousand dollars. The defendants paid the judgment and costs, amounting to one hundred and sixty-three dol- lars and thirty cents.
The first grand jury empaneled in Madison county. in 1810, held its session in a hazel brush thicket, on what is now the Guyun farm. The last grand jury (1915) met in a palace, with telephones, electric lights. 'marble floors and all np-to-date ap- pointments.
CHAPTER XXX. MILITARY HISTORY OF MADISON COUNTY.
The military history of the United States must necessarily begin with the early Indian struggles, and then the struggle with Great Britain for the independence of the thirteen original states. Of course these struggles took place years before white mien set foot within the bounds of the present Madison county, but since that county is hon- ored by the presence within its confines of the graves of some seven heroes who took part in the Revolutionary War, a military history of the county should begin with an account of their records and the recording of their burial places. The following data concerning these men has been furnished in great part by members of the local chapter of the Daughters of the American Revolution and is to be trusted.
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