History of Medina county and Ohio, Part 40

Author: Perrin, William Henry, d. 1892?; Battle, J. H; Goodspeed, Weston Arthur, 1852-1926; Baskin & Battey. Chicago. pub
Publication date: 1881
Publisher: Chicago : Baskin & Battey
Number of Pages: 1014

USA > Ohio > Medina County > History of Medina county and Ohio > Part 40

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The first Court of Common Pleas held in Medina County was on the 8th day of April, 1818 ; present as Judges, Frederick Brown, Senior Associate Judge, Isaac Welton and Joseph Harris, Associates. This court was held for the purpose of organization and ap- pointment of a Clerk. John Freese was ap- pointed Clerk, pro tem., and also Recorder for the county. Some other business was trans- acted not directly connected with the law business of the court. On the 7th day of July, another term of this court was held by the same Judges, and Luther Blodget was ap- pointed Prosecuting Attorney, and John Freese was re-appointed Clerk pro tem. At this term, two civil actions were commenced. The first was Daniel Bronson against Alphieus War- ner, and the second was the same Daniel Bron- son against Justus Warner, Moses Deming,

Aaron Warner and Truman Walker, for a con- spiracy. In each of these cases, Isaac B. Lee was attorney for the plaintiff, and Luther Blodget for the defendants.

The Judges of this court, from the organiza- tion of the county, in 1818, up to the time of the adoption of the present constitution, in 1851, were as follows : When the county was organized, in 1818, Hon. George Tod was Pres- ident Judge of the Third Judicial Cireuit, his office expiring in 1823, when he was re-elected by the General Assembly for seven years. He served in that capacity until 1830, when Reu- ben Wood was elected in his place for seven years, but Judge Wood was elected Supreme Judge, and, in 1833, Matthew Birchard was elected President Judge for the Third Circuit. He presided in the court until 1834, when the General Assembly detached Medina County from the Third Circuit and attached it to the Eleventh Circuit, and elected Ezra Dean Presi- dent Judge, who served until 1841, when Jacob Parker was elected in his place, who served until 1848, when Levi Cox was elected. He served until 1852, when the then new consti- tution legislated him out of office.

The Associate Judges under the constitution of 1802 were as follows : The Judges first elected for Medina County were Frederick Brown, Senior Associate Judge, and Isaae Welton and Joseph Harris, Associates. They all served until 1823, when Noah M. Bronson was elected in place of Joseph Harris. In 1825, John Freeze was elected Judge in place of Isaae Welton. In 1830, Reuben Smith was elected Judge. In 1832, Allen Pardee was elected Judge in place of Frederick Brown, who, it seems, served for fourteen years. In 1832, John Newton was elected Judge in place of Noah M. Bronson. In 1835, Orson M. Ovi- att was elected Judge in place of John New- ton. In 1836, Benjamin Lindsley was appoint- ed Judge to fill out the unexpired term of Reuben Smith, but the General Assembly in

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HISTORY OF MEDINA COUNTY.

1837 elected Philo Welton Judge, so that Judge Lindsley was only present at two terms of court. In 1839, Stephen N. Sargent was elected Judge in place of Allen Pardee. In 1840, Allen Pardee was re-elected, and also William Eyles was elected Judge. These were clected in place of Isaac Welton and Orson M. Oviatt, who both lived in the township of Richfield, which was set off in 1840 to the couuty of Summit, a new couuty, thereby leav- ing two vacancies on the bench. In 1847, Heury Hosmer and Josiah Piper were elected Judges. In 1848, Charles Castle was elected Judge. These last served until February 9 1852, when they went out of office by virtue of the provisions of the constitution of 1851.

All the Judges who were elected by the Gen- eral Assembly were men of high standing in the communities in which they lived; were learned in the law, or, at least, the Supreme and President Judges of the Court of Common Pleas ; were men of fine talents and ability, and they discharged their duties to the gen- eral satisfaction of the bar and of the pco- ple of the county. It might be iuvidious for me to single out any one whose merits might excel. The first Associate Judges of Medina County were Frederick Browu, of Wadsworth. He was a farmer, and stood high as a citizen. Isaac Welton was a farmer of Richfield, one of the early settlers, and a mo > respected citizen. Joseph Harris was the fie .c settler iu Harris- ville, having moved there in 1811 with his family. He was a man of great energy, and accumulated a lige fortunc. At the Febru- ary term, 1823, George Tod had been re-elected President Judge. Noah M. Bronson was elect- ed Associate in place of Judge Harris, who resigned. Judge Bronson was a wealthy farm- er, one of the early settlers of Medina Town- ship. February term, 1825, Jolin Freesc was Associate Judge in place of Isaac Weltou, whose term had expired. At this term, Charles Olcott was appointed Prosecuting Attorney,

with a salary of $50, with an addition of $25 if he had any business in the Supreme Court. March term, 1832, Allen Pardee, of Wads- worth, was elected Associate in place of Judge Brown, who had served fourteen years, or two terms, with honor. Judge Pardee was a suc- cessful merchaut. He was born about 1791, in Skaneateles, Onondaga Co., N. Y. He settled in Wadsworth in 1818 or 1819, where he has ever since lived, and is now an honored and respected citizen of that place. In 1830, Ren- ben Smith, a merchant of Medina, was elected Judge in place of John Freese. He served acceptably for seven years, after which he re- moved to Wisconsin, where he died a few years ago, iu a good old age, highly respected.

In 1835, Orson M. Oviatt was elected Judge in place of John Newton. Judge Oviatt was a wealthy farmer and merchant of Richfield, who served until 1840, when Richfield was set off to Summit County. In 1836, Benj. Lindsley served by appointment of the Governor for two terms only, when Philo Welton, a farmer of Montville, and afterward of Wadsworth, was elected in his place. In 1839, Stephen N. Sar- gent was elected Judge, in place of Allen Par- dec. Judge Sargent was born in Massachusetts and came to Medina in 1818. He was a suc- cessful merchant, and in 1858, he removed to Iowa, where he died in 1860. In 1840, Allen Par- dee was re-elected Judge, and at the same time, William Eyles, a farmer of Wadsworth, was elected one of the Associate Judges. Judge Eyles was a man of sterling integrity, of un- doubted ability, and discharged the duties of Judge to the entire satisfaction of all. In 1846, Charles Castle, a lawyer of Medina, was elected an Associate Judge, and after his elec- tion he frequently presided in court, in the ab- sence of the President Judge, and always gave good satisfaction. In 1847, Henry Hosmer, a farmer of Guilford, was elected Judge in place of Allen Pardee, and Josiah Piper, a farmer of Hinckley, was elected Judge in place of Will-

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HISTORY OF MEDINA COUNTY.

iam Eyles. These last Judges all served until February 9, 1852, when by the provisions of the constitution of 1851, they ceased to be Judges.

The first election under the new constitution was held at the October election in 1851, when Samuel Humphreville, a lawyer of Medina, was elected Judge in and for the counties of Lorain, Medina and Summit, composing the Second Sub- division of the Fourth Judicial District. He served for five years, holding most of the courts in the three counties, besides sitting in the Dis- trict Courts once a year, in the nine counties composing the Fourth District. In October 1856, James S. Carpenter, a lawyer of Akron, Summit County, was elected Judge. He served five years, wheu Stevenson Burke, a lawyer cf Elyria, Lorain County, was elected in his place. In 1866, Judge Burke was re-elected Judge, and he served until 1868, when he resigned, and Washington W. Boynton was appointed Judge until the next election, when he was elected Judge by the people. In 1876, Judge Boynton was elected Supreme Judge, and John C. Hale, a lawyer of Elyria, was elected Judge, and he is still on the bench.

In 1859, the General Assembly provided for an additional Judge of the Court of Common Pleas for the Second Subdivision, and William H. Canfield, a lawyer of Medina, was elected to fill the place. He served five years until 1864, when the office of extra Judge was abolished. In 1872, the General Assembly again provided for another additional Judge for the Second Subdivision, and Samuel W. McClure, a lawyer of Akron, was elected to the judgeship. He served for five years, when he was succeeded by Newell D. Tibbals, a lawyer of Akron, who served five years, and was re-elected in 1880 for another five years.

The scenes in court were sometimes amusing and occasionally laughable, especially under the administration of Judge Dean. He often took the "bit in his teeth," and ran the machine to

suit himself. At one time a witness was called to the stand, who had an infirmity, which, al- though it did not affect his mind or memory, yet made him appear as if intoxicated. Judge Dean, although the matter was explained to him, refused to let him testify and ordered him to leave the stand. At another time a larceny had been committed in Medina, and Joseph Reno, a colored man, had ferreted out the thief aud arrested him, and, fearing he might not be allowed to testify on account of his color, so induced the criminal to confess in the presence of a white witness as to effect his conviction. Reno was offered as a witness, and the State offered to show that he was more than half white, but Judge Dean would not hear any such proof and decided that, by "inspection," Reno was a " negro," and refused to allow him to testify. At that time, by the laws of Ohio, "negroes and mulattoes " were not competent witnesses where a white man was a party. Ou another occasion, a small boy had been con- victed of petit larceny, and, as the court-room was crowded, especially within the bar, the lad was made to stand on a chair to receive ad- monition and sentence, so he could be seen by the Judge. Judge Dean began to talk to the bcy about the heinousness of his offense, and to suggest measures of reform. Among other things, he said : "It would be for your interest to put you on a man-of-war, or to send you on a whaling voyage." Sherlock J. Andrews, a waggish lawyer from Cleveland, immediately spoke up so as to be heard by all present and said : "Yes, I think a whaling would do him good." Judge Dean gruffly cried out, "Silence in the Court !" which caused considerable mer- riment all over the court-room.

The law business of the county, in the early years of the practice, was chiefly done by foreign attorneys, that is, by lawyers residing out of the county. The attorneys who first settled in Medina were Booz M. Atherton and Charles Olcott. The exact date when they

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came, or which came first, is not now known. They were both here in 1820 or 1821. Ather- ton stayed here bnt a few years, when he re- moved to Illinois, where he was living at our latest information. Charles Olcott was a genius. He was born in Connecticut on the 3d day of April, 1793, and was educated there. He was a graduate of Yale College, and was probably the best-learned man in the profes- sion in the connty. He was well learned in the law, but he seemed to lack judgment to apply his knowledge to the successful practice of the law. He was a consistent Abolitionist, and wrote several tracts against the evil, and espe- cially a book which he called " A Blow at Slavery," which had a wide circulation. He was several times elected Prosecuting Attor- ney of the county and discharged his duties well. He was undoubtedly the inventor of "iron ships." He actually made the invention while in college, but he did not at that time so perfect it as to procure a patent. In 1835, he went to Washington with his models and speci- fications and procured a patent for the inven- tion. He endeavored to have the Government adopt his plan of ship-building, and to that end he wrote to the " Naval Board," consisting of three retired naval officers, at the head of which board was old Commodore Barron. They wrote to Olcott that they had taken his application under consideration, and had come to the deliberate conclusion that iron ships were entirely impracticable. In a year or two the Government was building iron ships on Olcott's plan. He could never get any allowance from the Government for the use of his invention. He was never very successful in making money. He was stricken with paralysis and finally died in the County Infirmary, several years ago.

William H. Canfield came to Medina about the year 1830, from Trumbull Connty. He studied law with Whittlescy & Newton, and was admitted to the bar about 1829 or 1830 ; he held the office of County Anditor for many

years, in connection with the practice of the law. He was supposed to be a good lawyer, and either alone or in connection with his part- ners he had an extensive practice. In 1850, he was clected Judge of the Court of Common Pleas for five years, soon after which he rc- moved to Kansas, where he was elected Judge of the Court of Common Pleas, in which capac- ity he served until his death in or about 1862 or 1863.

Samuel Humphreville was born in Berkshire Connty, Mass., February 7, 1808, where he re- ceived an academic education, and where he studied law with George N. Briggs, then a member of Congress and afterward Governor of the State. He came to Ohio in 1832, and studied with Humphrey & Hall, in Hudson, un- til October, 1833, when he was admitted to the bar in Zanesville. He came to Medina Jnne 10, 1834, and commenced the practice of the law. He has resided in Medina ever since. He has held several offices by election of the peo- ple. In 1849, he was elected a delegate to the convention that framed the present constitn- tion. In 1851, he was elected Judge of the Conrt of Common Pleas, which office he hield for five years. He was a member of the Sen- ate of the State in 1863, 1864 and 1865, during the most trying scenes of the war of the rebel- lion. In 1873, he was elected as a member of the third constitutional convention of the State of Ohio, which after great labor in 1874. sub- mitted a constitution to the people of the State, which they rejected by a large majority. Since that time, he has retired from public life, and almost entirely from the practice of the law.

Hiram W. Floyd came to Medina in August, 1834, and engaged in the practice of the law and he is still in active practice.

Isracl Camp was born in Sharon, Conn., and came to Medina the latter part of 1834, and went into partnership with William H. Canfield in the practice of the law. He was a good law_ yer and an honest man and had the confidence

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and good will of all who knew him. He died of consumption about 1840 or 1841.

Eugene Pardee was born in Wadsworth about 1813. He studied law with Humphrey & Hall, in Hudson, and was admitted to the bar in 1834. Hc practiced law in Wadsworth a few years, when he went to Wooster, Wayne Co., where he practiced law for many years. He held the office of Prosecuting Attorney for several years. He afterward went to Madison, Wis., where he stayed some years. About two or three years ago he returned to Ohio, and is now again in Wooster.

Aaron Pardec was born in Skaneateles, On- ondaga Co., N. Y. He came to Ohio in 1824, and settled in Wadsworth. He was admitted to the bar in 1838, and has practiced law ever since, and is now one of the active practitioners in the county. He has held some important offices, among which was that of Senator in the State General Assembly.

George K. Pardec, a son of Aaron Pardee, was admitted to the bar in 1866. He soon went to Akron, where he is now in full practice.

Don A. Pardee, also a son of Aaron Pardee, was admitted to the bar abont 1866 or 1867, and practiced in Medina until the war of the rebellion broke out, when he entered the service of the Union as Lieutenant Colonel of the Forty- second Ohio Volunteer Infantry, in which he served with distinction, rising in rank to that of Brigadier General. At the close of the war, he settled in New Orleans, where, after practicing law for a few years, he was elected a Judge of the District Court, which office he now holds.

Pulaski C. Hard was born in Medina County about 1827 or 1828. He was admitted to the bar about 1859, and practiced law in Wads- worth until the rebellion broke out, when he went into the service of the Union as Captain in the Twenty-ninth Ohio Volunteer Infantry. At the close of the war, he resumed the prac- tice of the law in Wadsworth, where he still is, one of the principal lawyers in the county.

Henry C. Pardee, another son of Aaron Par- dee, was admitted to the bar and soon went West, where he remained several years, when he returned to Medina County. He settled in Wadsworth, where he held the office of Post- master until about 1870, when he was elected Auditor of Medina County, which office he dis- charged acceptably for two terms, when he re- sumed the active practice of the law.

James C. Johnson was born in Guilford, and was admitted to the bar in 1840. He has been several times elected a Representative in the General Assembly, and has been a candidate for several other offices. He has always made Seville his home, where he has his law office and where he is now in the full practice of his profession.

George W. Chapman, about 1840, was ad- mitted to the bar, and practiced in Medina a few years, when he went West, and the last heard of him he was in Milwaukee, Wis.

Charles Lum was admitted to the bar in 1838, and practiced in Medina a few years. He served one term as County Auditor. He re- moved to Wisconsin, where he engaged in farm- ing, and where he has held several important offices, among them County Clerk of Dane County and Representative in the Legislature.

Chester T. Hills was admitted to the bar in 1838 or 1839. He was several times clected Prosecuting Attorney of the county, and he was a very successful lawyer. He was an honest man and a high-minded, influential citizen. He died in 1870, aged sixty-two years, lamented by all who knew him.

Harrison G. Blake was a successful mer- chant, but he studied law and was admitted to the bar about 1847 or 1848. He was an im- petuous, off-hand lawyer, very successful in his practice, always fair and obliging to his oppo- nents. He was honored and respected by all. He was several times elected to the General Assembly ; was Speaker of the Senate under the old constitution. He was several times

IIISTORY OF MEDINA COUNTY.

251

eleeted to Congress, and took high rank among the members. He died in May, 1876, full of honors, and universally lamented.

William S. M. Abbott was admitted to the bar in 1844, and practiced in Medina a few years, when he went West, and is now in Min- neapolis, Minn.

Abraham Morton was admitted to the bar in 1840, and practiced in Medina several years. He was elected Treasurer of the county, and served one term. He moved to Wisconsin, where he has been ever since and now is.

Calvin B. Prentiss eame to Medina from Massachusetts. He was elected Probate Judge in 1851, and served one term. He was admitted to the bar in 1855, and was a very successful lawyer. He died about 1868.

Herman Canfield was a practicing lawyer in Medina when the war of the rebellion broke out, and he entered the service in 1861 as Lieu- tenant Colonel of the Seventy-second Ohio Volunteer Infantry. He served with distinc- tion, and was killed at the battle of Pittsburg Landing on the first day of that memorable fight. He had held the office of Clerk of the Courts in Medina, and other important trusts.

Moses Wright was one of the early lawyers in Medina, but he ran away about 1830 or 1831, and has not been heard of since.

John B. Young was born June 20, 1828, in Bloomsburg, Columbia Co., Penn. He came to Ohio with his father in 1831. He was elected Clerk of the Courts in 1851, and served one term of three years. He was admitted to the bar in September, 1856, and is still in practice of the law in Medina.

Charles G. Codding was born in Granger, Medina Co., Ohio, in 1829. He was admitted to the bar in 1860. He was elected Prosecut- ing Attorney in 1865, and served two terms. In 1872, he was elected Probate Judge, and served two terms. He is now in full practice of the law in Medina.

Joseph Andrew, while at college, enlisted in the Forty-second Ohio Volunteer Infantry (Garfield's regiment), in 1861. In a battle in the rear of Vieksburg, May 22, 1863, he lost his right arm, in consequence of which he was dis- charged from the service. In 1865, he was eleeted Treasurer of the County of Medina, in which capacity he served two terms. In 1870, he was elected Clerk of the Courts, and served two terms. He was admitted to the bar in 1871, and is now in full praetiee in Medina.

Stephen B. Woodward was born in North- ampton, now in Summit County, in 1820. IIe was admitted to the bar in 1859. He has fre- quently been elected Prosecuting Attorney, and now holds that office. He is now in full prae- tice in Medina.

Nathaniel H. Bostwick was born in Bloom- field, Ontario Co., N. Y., June 20, 1828. He was admitted to the bar in 1852, and is now here in fuli practiee.

Samuel G. Barnard was born in 1828, and was admitted to the bar iu 1852, and is in prae- tiee in Medina. IIe hield the office of Probate Judge two terms.

William F. Moore and Robert English prac- ticed law to some extent. English is dead, and Moore went West some years ago, where he is supposed to be now living.

Isaae R. Henry practiced law many years ago. He left here years ago, and it is not known where he is at this time.

Judson D. Benedict also praetieed here some time. He went to the State of New York, where he was at last accounts.

William W. Pancoast was admitted to the bar and had some practice. He was elected Prose- cuting Attorney and served one term, and finally ran away about 1874, and his where- abouts is not known.

Roswell C. Curtis was born in this county in 1837. He was admitted to the bar in 1865, and is now in practice here.

Alvan D. Lieey, a resident of Guilford, has

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HISTORY OF MEDINA COUNTY.

been admitted to the bar, and is now in practice. He is now a Representative in the General As- sembly.

John T. Graves was admitted six or seven years ago. He was elected Prosecuting Attor- ney in 1876, and served two terms with credit. He is now in full practice in Seville, in this county.

Albert Munson was admitted to the bar in 1873, but, before he had entered upon the prac- tice, he was elected Probate Judge, which office he now holds.

Frank Heatlı was admitted in 1880, and is now in practice here.

George A. Richard was admitted to the bar in 1879, and has hung out his shingle for busi- ness here.

George W. Lewis entered the service of his country in 1862, as a Captain in the One Hun- dred and Twenty-fourth Ohio Volunteer Infan- try. He lost his left arm at the battle of Nash- ville, December 22, 1864. He was promoted to Major for bravery on the battle-field. He contin- ued in the service, notwithstanding the loss of his arm, and was afterward commissioned as Lieu- tenant Colonel of the same regiment. He came to Mediua in October, 1865, and was elected Judge of Probate in 1866, and served two terms. He was admitted to the bar January 30, 1872, and has ever since beeu in practice in Medina.

Charles J. Mesmer, Fremont O. Phillips and others have been admitted lately, but as yet have not entered into practice.

Whitman Mead came to Medina in 1834, as a merchant, and studied law, and was admitted to the bar about 1843. He was elected Prose- cuting Attorney, and served one term. He finally left the practice and went to farming. He died several years since, leaving three sons, all in the ministry.

The foreign lawyers who have practiced here are legion, but, as they belong to other coun- ties, no account of them is given here.

MEDICAL PROFESSION.

Three-fourths of a century ago, the foot of the white man had searcely fallen upon the soil within the limits of the county whereof we write. The wild animals of the forests and the searcely less wild red man held undisturbed dominion. Then the sun's rays but seldom penetrated the unbroken forest shade, while the moen's silver beams and the bright shining stars struggled in vain to light up the gloom of night. The song of birds, the hum of bees, the rippling of the waters, the wild ery of beasts of prey, and stealthy footfall of the Indian hunter, year succeeding year, aye ! for centuries and ages, fell upon no appreciative ear. The wild winds sported for ages among the forest trees, and the music of the rustling leaves sang responsive to the music of the stars, but no heart was there to be made glad ; nature in her beauty and symmetry was here waiting the onward tread of the white man, when he should step in and partake of the rich treasures garnered in her bosom for his coming, Civili- zation, education, the arts and sciences, follow in his pathway, and the wilderness is made to blossom as the rose. The sound of the ax and of the anvil are harbingers of schools and churches, temples of architecture and the thun- dering of the railway train ; but alas for hu- man hopes and happiness ! sickness aud deatlı follow in the train, a sad comment upon the superiority of civilized life. The need of the physician is made manifest, and must keep pace with the first advance of civilization. The sup- ply table of the pioneer emigrant would be sadly defective without a list of well-known household remedies from which to draw for help, should there be " no physician there."

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History of Medina county and Ohio, Part 40

Author: Perrin, William Henry, d. 1892?; Battle, J. H; Goodspeed, Weston Arthur, 1852-1926; Baskin & Battey. Chicago. pub Publication date: 1881 Publisher: Chicago : Baskin & Battey Number of Pages: 1014

Author: Perrin, William Henry, d. 1892?; Battle, J. H; Goodspeed, Weston Arthur, 1852-1926; Baskin & Battey. Chicago. pub
Publication date: 1881
Publisher: Chicago : Baskin & Battey
Number of Pages: 1014