USA > Ohio > Noble County > History of Noble County, Ohio: With Portraits and Biographical Sketches of some of its pioneers and prominent men > Part 20
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The following reminiscence of the November term of court, 1851, was related to the writer by a prominent legal gentleman :
The associate judges, in the ab- sence of the presiding judge, found themselves, at times, considerably embarrassed, owing to their meager knowledge of the law. A " mill dam case " (that is, a case for damages to land caused by back-water from a mill-dam) was on trial. The lawyers got into a wrangle over the admissa- bility of certain testimony, and the dispute waxed warm for several
hours. . Finally Patrick Finley, one of the judges, became impatient; and, on an appeal being made to the bench, turned to the speaker and shouted, in his rich, Irish brogue : "Lawyers! whoy don't ye settle the law among yersilves ? Yee's know a dale more about it than we do!" This term of court was held in the Wesleyan Methodist Church in Sarahsville.
Another session, lasting one day, was held during the year 1851, on the 27th of December, before the associate judges, whose official life ended shortly after. Hon. Richard Stillwell presided at the term which began April 20, 1852.
Sarahsville continued to entertain the court and lawyers until 1858. On the Sth of June of that year the first term of the common pleas court began at Caldwell; present. Hon. L. P. Marsh, judge; William C. Okey, clerk, and Samuel Danford, sheriff.
Noble is the youngest county in the State. It is small, both in terri- tory and in population ; the people are mainly farmers of a peaceful dis- position and averse to litigation, con- sequently there has never been a large amount of legal business. Yet the county has had, and still has, a bar of more than average ability. Several Noble County lawyers have distinguished themselves as legisla- tors, jurists and military officers. In this chapter the writer has sought to include the name of every lawyer of prominence that ever resided in the county, giving biographical sketches wherever such were obtainable.
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Prior to the formation of the county few representatives of the legal profession had settled within its limits. The legal business went to the parent Counties of Morgan, Guernsey, Monroe and Washington and was attended to chiefly by law- yers located at the respective county seats. Samuel McGarry and Dan- iel Pettay, of Sarahsville, and Jabez Belford, William M. Kain and Isaac Parrish of Sharon were the only members of the bar resident in the county prior to its organization.
From 1851 until after the war a large part of the legal business of the county was attended to by non- resident lawyers. Prominent among these were Hon. John E. Hanna, Hon. E. E .- Evans, Hon. C. B. Tomp- kins and Hon. F. W. Wood of McConnelsville ; Ewart & Clarke (Hon. Thomas W. Ewart and Col. Melvin Clarke), of Marietta; the Messrs. Hollister, E. A. Archibald and others of Woodsfield ; Judge Nathan Evans, Gen. John Ferguson and other prominent attorneys, of Cambridge.
The organization of the county in 1851 had the effect of inducing a number of young lawyers to come hither to try their fortunes. The local papers of that date reveal the names of the following resident lawyers : Edward A. Bratton, John McIntosh, Samuel W. P. Cochran (in partnership with McIntosh), Sarahs- ville; Jabez Belford, William M. Kain, Sharon ; R. II. Taneyhill, Olive; P. M. Merrill, Summerfield. During the next two years, some of the others having in the meantime
removed, the bar of the county re- ceived the following additions : William Priestly, William C. Okey, Henry Frazier, William H. Frazier, James K. Casey, J. H. Rothrock, B. F. Spriggs, M. H. Taneyhill.
HON. ISAAC PARRISH,
son of Edward Parrish, who settled in Sharon Township in 1819, was not only the first lawyer who resided within the territory now forming Noble County, but he was also the first and only resident of the county who ever held a seat in Congress. Ile was a man of more than ordinary ability, and was a shrewd politician. Ile was considered a good speaker, and during his public life delivered many public addresses in this and neighboring counties. IIe was en- terprising and ambitious, somewhat visionary, and often impractical, but always thoroughly in earnest in whatever he undertook. He was an carly merchant in the village of Sharon and afterwards was engaged in milling business at the same place. Ile projected a railroad which ulti- mately merged into the old "Calico" railroad scheme, by which he and others were heavy losers. He did not devote himself closely to law practice for any long period, but bore a good reputation in his profes- sion throughout southeastern Ohio.
Isaac Parrish was born in Belmont County in March, 1804. IIe was mainly self-educated. IIe read law in St. Clairsville and was probably admitted to the bar there. Ile prac- ticed in Guernsey, Belmont and Mor- gan Counties; was elected prosecut-
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elected to Congress from the Eleventh district, Guernsey County. IIe was a candidate for re election but was defeated by Hon. Benjamin S. Cow- en, of Belmont. IIe then removed to Morgan County and in 1844 was elected to Congress over Dr. Perley B. Johnson, the Whig nominee, after a close and exciting contest. He was active in organizing Noble Coun- ty, hoping Sharon might secure the county seat. After his second term in Congress, he devoted himself mainly to milling business in Morgan and Noble Counties. In 1854 he re- moved to Des Moines, Iowa, where he practiced law for a time. IIe then went to Harrison County, Iowa, where he died in 1860. He was a Democrat, an earnest partisan and very popular with his party. IIe was genial and agreeable and readily made friends among all classes. He was married in Belmont County to Rachel Haines, and had a family of four sons and two daughters that grew to maturity.
JABEZ BELFORD, an early and prom. inent lawyer of Noble County, was born in Malaga, Monroe County, O., in 1820. IIe was brought up to hard work and had but limited opportunities for obtaining an edu- cation. Ilis youth was spent in Hoskinsville and vicinity. Ile learned the blacksmith's trade when young, but not being satisfied with it he sought to improve his mind by reading and study, and finally began the study of law in the office of Virtulon Rich, of McConnelsville,
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ing attorney at Cambridge and rose and was admitted to the bar in to prominence. In 1838 he was , 1851. Ile first began practice in Sharon, but removed to Sarahsville a few years after the organization of the county. He served as the first prosecuting attorney of Noble Coun- ty, and in that position achieved such success that he at once rose to prominence as a lawyer. He was afterwards elected to the same po- sition. For several years he was the law partner of Hon. Isaac Parrish, and afterward he sustained the same relation to William C. Okey, Esq. Ile was a skillful and eloquent ad- vocate, a successful lawyer and a good citizen. Ile removed from Sarahsville to Caldwell, where he served as the first postmaster of the village. During the war he was elected as draft commissioner of the county. Ile was a Democrat and a partisan, but he never permitted politics to estrange friendship. He died in Caldwell, October 22, 1882.
One of the local papers in an obituary, said: “* * * Without the advantage of a classical educa- tion in youth, he has long been re- cognized by those who knew him best, as a gentleman not only learned in the law, but possessed of a vast fund of accurate knowledge of sci- ence, history, and general literature. He was especially fond of biological research and natural history. Seen in the court-room he appeared cold, practical and severe, but his heart was full of generous warmth and noble impulses." At a meeting of the Noble County bar, highly eulo- gistic resolutions were passed, at which time Hon. W. II. Frazier said ;
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" He was one who always did what he believed to be right, without pre- judice or favor." W. C. Okey, who perhaps knew him more intimately than anyone else, said : " I saw him more and knew him better than others. As a lawyer he was greatly above the average. Often when in consultation respecting the merits of a case, . Is this right as between men, let this test settle the question,' as soon as thus satisfied, he became invincible in his convictions. Dur- ing his last years his life seemed to be growing more symmetrical with his extensive reading and reflection." In 1843 he was married to Miss Clar- rissa, daughter of Lebbens Fordyce. She was to him a valuable aid in his early struggles with poverty; while he was engaged in his law studies she supported the family through her own efforts. Ten children were born to them, six of whom are liv- ing. Cyrus, the eldest son, is a farmer; Irwin is an attorney, resid- ing in Toledo, O .; Richelieu follows the trade of his father; Ethan A. is a physician in Nevada; Dora mar- ried Reuben McGlashen; Lebbens, the youngest, is a dentist.
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SAMUEL MCGARRY afterwards pro- bate judge, was a member of one of the early families in the county. He studied law in McConnelsville and practiced there for a time. * He lo- cated at Sarahsville, and after the establishment of the county, was connected with the editorial manage- ment of several of the early news- papers. He never had any great amount of law practice. He was the first treasurer of Noble County, and
from 1857 to 1864 held the office of probate judge. He removed to the West and died there.
DANIEL PETTAY, who had been a Methodist preacher, was elected jus- tice of the peace, and after some years in that office, was admitted to the bar. He had but little legal - business. He was a man of good sense and fair ability.
WILLIAM MARCUS KAIN was one of the early lawyers and editors of the county. He read law under Jabez Belford, and practiced in Sharon from about 1848 until 1854. Soon after this date we find him at Sarahs- ville, editing a Democratic paper. He was self educated and of good ability. He is now a Presbyterian minister, residing somewhere in Pennsylvania.
EDWARD A. BRATTON was perhaps the leader among the resident law- vers of Sarahsville in 1851 and 1852. Ile came from Cambridge, where he had previously practiced several years. He removed to McArthur, Vinton County in 1853.
SAMUEL W. P. COCHRAN, from Zanesville, where he had previously been in the tobacco business, after being admitted to the bar, came to Sarahsville in 1851. IIe held the office of prosecuting attorney about two years, resigning in 1853, when E. A. Bratton was appointed in his stead. John McIntosh, from the northern part of the State, was his law partner. Neither remained long.
WILLIAM PRIESTLY read law in Sarahsville in the office of E. A. Bratton and began practice in that
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town. IIe removed to Caldwell after the latter became the county seat, and remained until 1862, when he entered the Ninety-second Ohio Volunteer Infantry as a first lieutenant. IIe served through the war and in 1864 was offered a captaincy, but de- clined the commission. He did not return to Caldwell to practice law after the war. Mr. Priestly was a sound, well-posted man-a good of- fice lawyer, but not a fluent speaker.
IIENRY FRAZIER, a brother of IIon. W. II. Frazier, was born in Trumbull County, O., Sept. 9, 1824. IIe re- ceived a collegiate education ; read law with Evans & Scott, Cambridge, ()., was admitted to the bar in the fall of 1851, and began practice at Sarahsville. IIe died in August of the following year. He was a young man possessed of a high order of tal- ent, and had he lived would doubtless have made his mark in his profession. The local paper spoke of him in the highest terms, and the bar passed culogistic resolutions after his death.
HION. WILLIAM H. FRAZIER is SO well and favorably known to all the citizens of Noble County, that an extended sketch of his life and public .; services is unnecessary in this chap- ter. Suffice it to say that no abler lawyer or more honored citizen has 1 ever lived in the county ; that his talents entitle his name to a promi- nent place among the distinguished representatives of the legal profession in Ohio; and that his eminent merits 1 as a jurist have received popular rec- ognition in his election to the honor- able position which he now so ably fills.
WILLIAM HUGH FRAZIER, the fourth son and seventh child of George and Bethiah (Randall) Frazier, was born in Hubbard, Trumbull County, Ohio, March 11, 1826. His father was a native of Kent County, Maryland ; came to Ohio with his parents in 1802 ; married a native of Washing- ton County, Pa., and reared eight children. IIannah (Ripley), Henry, William H., Sarah R. (Watt), George, Israel, Andrew, Asa, of whom four are still living; Sarah, George, Wil- liam H. and Andrew. The father died in Guernsey County .in 1852. Ile was a man of great natural abil- ity and force of character. While in Trumbull County he served as a magistrate, and was regarded by his neighbors as a man of sound sense and good judgment.
The subject of this notice was reared on a farm and attended school in his native town until twelve years of age, when he accompanied his parents to Guernsey County. IIere he continued attending the common schools in winter and working on the farm in summer, until he became of age. He then entered Madison Col- lege at Antrim, Guernsey County, spending his vacations at home in farm-work and study; but finding his health impaired, and believing that he would not be able to con- tinue his labors as a farmer, he de- cided to begin the study of the law. At this time an older brother, Henry, was pursuing a course of study for that profession, and William placed himself under his tutelage, continu- ing until twenty-six years of age, when he was admitted to the bar at
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Coshocton, May 17, 1852. Immedi- ately after his admission he began the practice of his profession with his brother Henry at Sarahsville, then the county-seat of Noble County. In the following August . his brother died. William H. continued in prac- tice at Sarahsville until 1858, when he removed to Caldwell, the new county seat. In March, 1865, he formed a partnership with James S. Foreman, which continued one year, after which he practiced alone. In 1855 he was elected prosecuting at- torney for the county, and by suc- cessive re-elections was continued in the office for ten years. Ile was twice chosen to this office without opposition. In October, 1871, he was appointed by Governor Hayes to fill the unexpired term of Hon. Moses M. Granger as judge of the court of common pleas, and at the annual election held the same month he was elected to the same office for the term of five years. Subsequently he was twice re-elected as judge of the court of common pleas in the eighth judicial district, no other candidate being put in nomination against him. September 8, 1884, after having been nominated for cir- cuit judge, he tendered his resigna- tion as common pleas judge, having served in that office thirteen years lacking one month. At the annual election in October, 1884, he was elected one of the judges of the cir- cuit court* for seventh circuit, and
in the allotment of terms he was al- lotted the term of four years.
Possessed of a keen, analytical mind, discriminating, careful and thoughtful; honest of purpose and sound in judgment ; of extensive gen- eral information and thorough knowl- edge of the law, aided by a ready and retentive memory, in his long and unbroken service upon the bench, Judge Frazier has been distinguished for his love of justice, his fidelity to the law, and the equity and candor of his decisions. Ilis unassuming manners and agreeable social qual- ities render him deservedly popular with men of every party and every condition in life. He is a Repub- lican, both in the political and in the literal signification of the word, and has risen to his present position solely through his own merits, his perseverance, energy and industry. Ile has been a member of the Meth- odist Episcopal Church for many years.
As a citizen of Noble County, Judge Frazier has been prominent in every movement calculated to advance the interests of his town and county. With others he founded the first bank in the county, became its first president and still retains that position ; he was also one of the incorporators and first directors of the Cleveland and Marietta Rail- way, and gave largely of his time and money to promote the building of the road.
Judge Frazier was married No- vember 30, 1854, to Minerva E. Staats, of Noble County, who is still living. They have three sons and
* The circuit court was organized under an amendment to the constitution adopted in 183, and in accordance with the provisions of certain legis- lative acts.
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four daughters, Jennie (Lloyd), Anna (Neuhart), William A., George E., Mary E., Louis B. and Minnie M. The married daughters reside in Los Angeles, Cal.
WILLIAM C. OKEY, familiarly known as Judge Okey, is entitled to a place in the first rank of the pres- ent lawyers of Noble County, not only by reason of seniority, but also because his achievements have won for him that position. Mr. Okey was born in Woodsfield, Monroe County, Ohio, August 24, 1828. Ilis father, James Okey, was among the prominent citizens of that county, holding the office of magis- trate for twenty-one years, and rep -. resenting the county in the State legislature for two terms. The sub- ject of this notice spent his boyhood on a farm. After receiving a com- mon school and academic. education, he engaged in teaching school dur- ing the winter months, devoting his spare time to the study of the law. In 1849, he entered the law office of Nathan Hollister, and two years later he was admitted to the bar. In 1852 he opened an office in Sa- rahsville, then the county seat of the newly-formed County of Noble, as a member of the firm Ilollister, Okey & Hollister, where he soon rose to prominence in his profession. In 1855 he was appointed clerk of of courts and in the following year was elected to that office. He fol- lowed the county seat to Caldwell, thus becoming one of the first set- tlers of the village in which he has since resided. At the expiration of his term as clerk he resumed the
practice of law, continuing until 1862 when he entered the service of his country in Company E, Ninety-sec- ond Ohio Volunteer Infantry. Re- signing in 1863 by reason of disabil- ity, he again took up his practice which he has followed assiduously ever since. In 1866 he formed a co-partnership with Jabez Belford, one of the most prominent attorneys of Noble County, which lasted until the decease of Mr. Belford in 1882.
Mr. Okey has never been a politi- cian in the ordinary acceptation of the word, yet he has taken a deep interest in all matters affecting the general welfare of the country. Ile is a firm supporter of the Democratic party. In 1870 he was nominated for judge of the court of common pleas in opposition to Hon. F. W. Wood, of McConnelsville. The dis- trict was largely Republican, vet Mr. Okey was defeated by only a small majority, running ahead of his ticket in most of the district, and car- rying his own county by 350 major- ity.
He is the oldest lawyer in Noble County and for many years has had an extensive practice. Ile is diligent and industrious and conscientiously faithful to the interests of his clients. As a lawyer he bears an unspotted reputation. Ile is a man of decided views ; a careful, cautious counselor, and a good judge of the law. A gentleman who has known him inti- mately for twenty eight years, says of him : " Ile is a gentleman, a good lawyer and an honest, straightfor- ward and reputable citizen." In him the younger attorneys of the county
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have a faithful friend, always willing to aid the deserving in securing a start in their profession.
Mr. Okey married for his first wife Miss Julia Ring. Ilis present wife was Miss Ruth Caldwell, daughter of the venerable Joseph Caldwell, else- where mentioned.
ERWIN G. DUDLEY, son of Judge Gil- man Dudley, was born in Olive Town. ship in 1832. He read law in Sarahs- ville and was admitted to the bar about 1853. He practiced in Sarahs- ville and Caldwell until the summer of 1862, when he entered the service as a captain in the Ninety-second Ohio Volunteer Infantry. IIe had a good legal mind and was a successful lawyer. For several years he was the resident partner in Noble County of Hon. John E. IIanna, of McCon- nelsville. After the war he went to Omaha, where he was elected State senator and afterwards police judge. He next went to the Black Hills and engaged in mining. Ile is now in Dakota, the proprietor of a sulphur springs resort.
JAMES K. CASEY came to Sarahs- ville from Cumberland about 1853 and practiced in that place for about three years. He removed to Cambridge and thence to Mt. Vernon, Ohio. IIe died in the West recently. He was a good lawyer and a gifted speaker.
RICHARD H. TANEYHILL located at Olive in 1851, and practiced law and edited a newspaper there for a time. He afterward practiced his profes- sion in Batesville for a number of years. He removed to Barnesville, where he at present resides. He is now largely engaged in the culture
of strawberries. Mr. Taneyhill was an able and forcible editorial writer and possessed legal ability of a high order. Ilis brother, Mordecai H. Taneyhill, also a lawyer, was located at Sarahsville a few years prior to the removal of the county seat to Caldwell.
JAMES H. ROTHROCK, as is shown by a card in a local paper, had a law office in Olive in 1853. He came from West Union and was a young man of ability. He remained a short time in the county waiting for the controversy over the county seat to be settled. Then tiring of this he removed to Iowa. He has since been one of the judges of the supreme court in that State.
HON. BENJAMIN F. SPRIGGS, for many years a prominent lawyer of Noble County, died at his residence in Sarahsville, January 17, 1879. He was born in Washington County, Pa., in 1828, and in 1844 came with his parents to Guernsey County. At the formation of Noble County in 1851, he lived in that part of Guern- sey which was annexed to the new county. Mr. Spriggs taught school in early life, studying law in his spare time. In 1851 he served as deputy clerk of courts in Noble County. He was also one of the school examiners. IIe was admitted to the bar in 1851, and soon rose to prominence in his profession. Start- ing as an old-school Democrat, he soon become a leader in the then Democratic party in the county. For some years he was editor of the Democratic Courier, published at Sar- ahsville. In 1858 he was nominated
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for Congress, and was defeated by only a few votes. In 1871, he was nominated for representative to the legislature. David McGarry being his opponent. A very spirited campaign ensued, resulting in a tie vote. A new election . being ordered. Mr. Spriggs was elected by a considera- ble majority. Ile took an active part in local and national politics, and was one of the most effective and earnest workers for his party in the county. In 1576 he was a dele- gate to the St. Louis convention, which nominated Samuel J. Tilden for the presidency. During the war he was a member of the military committee of the county. He was a good lawyer, quick in debate, and a fluent talker. He was warm in his friendship, and, though always an earnest partisan, he retained the re- spect and good will of his political adversaries, and was esteemed as a citizen.
DAVID S. SPRIGGS, one of the lead- ing lawyers and prominent citizens of Noble County, was born in Cen- terville, Belmont County, Ohio, Jan- MICHAEL DANFORD KING was a young lawyer in Caldwell in 1859. He removed to Barnesville, went into the army, and was killed in the service. uary 10, 1835. Ile passed his boy- hood on a farm, receiving only a good common school education, which he made useful to himself and others by engaging in the work of a teacher. He also studied surveying. While teachmg he pursued the study of law in his spare time, and at the age of twenty-one entered the law office of his brother. Hon. B. F. JAMES S. FOREMAN. son of Hiram and Margaret Foreman, was born near Senecaville, Guernsey County, Spriggs, of Sarahsville. He was ad mitted to the bar in 1859, and from . that time until 1866 he was alter- ; Ohio, October 2, 1835. He received nately engaged in teaching and the i a common school education, and in
practice of law, meantime serving three years as school examiner. In 1866 he removed to Caldwell, where he has since had an extensive law practice, ranking among the leading representatives of the profession in this locality. He served as prosecut- ing attorney from 1872 to 1876. In 1875 he was a candidate for repre- sentative to the legislature from Noble County. James M. Dalzell, the Republican nominee, was elected by a majority of five votes. Mr. Spriggs has at various times been nominated for other responsible of- fices, but has been defeated, his party being greatly in the minority. Since 1863 he has taken an active interest in polities, and has been a prominent worker on the Democratic side in political campaigns. In 1885 he was appointed postmaster at Caldwell, which position he still holds. . In 1857 he married Nancy Windom, a cousin of Senator Windom, of Min- nesota. She is a native of Belmont County. Mr. and Mrs. Spriggs have two sons and one daughter. _
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