History of Preble County Ohio: Her People, Industries and Institutions, Part 18

Author: R. E. Lowry
Publication date: 1915
Publisher:
Number of Pages: 985

USA > Ohio > Preble County > History of Preble County Ohio: Her People, Industries and Institutions > Part 18

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He was a large, tall man, inclined to be portly, always social and jovial; one of the wittiest members of the bar, loving a joke, even if it were at his own expense. Eloquent in speech, and emotional, he was one of the strongest advocates before a jury that has graced the bar of the county.

A RECORD SPEECH AND ITS RESULT.

Gen. Felix Marsh, born in New Jersey, in July, 1806, came with his father to Camden in 1809, and when twenty years old entered Miami Uni- versity as a student, remaining for several years. He was admitted to the bar in 1834, and soon afterward was elected prosecuting attorney, later a rep- resentative and later a senator. He was well educated and a good lawyer. He was a large man, and had a strong voice, with great carrying power, and was a fluent speaker.

It is related of him that while in the Legislature there was a bill up for passage to which he was bitterly opposed, because, as he claimed, it was un- just. The Legislature had passed a resolution to adjourn at noon of a cer- tain day and the bill was up for a vote the evening before the day of adjourn- ment. The friends of the bill felt so sure of having the votes to pass it that they had been allowing discussion to drag along until nine o'clock in the even- ing, when Marsh got the floor to make a speech against the bill and continued all night talking. Next morning those who wanted the bill passed went to breakfast in squads, and as the forenoon wore on they resorted to every scheme they could think of to get him to yield the floor for some motion, in- quiry or committee report, but he refused to yield, and talked, talked, talked, interspersed with reading, or having read by the clerk some quotation from some book, he all the time standing, or leaning back against his desk with no refreshment but water. Twelve o'clock came, and one man got up and pushed the hands back one hour, and Marsh talked on, and as the clock again showed nearing noon it was again pushed back an hour, and finally when the hands again passed a few minutes beyond the noon mark the speaker banged the desk with his gavel and announced that the House was adjourned. Marsh had held the floor continuously for over seventeen hours, and was utterly ex- hausted, but the bill was beaten and he felt satisfied. The bill never again made its appearance. He died at Eaton in December, 1872.

William J. Gilmore was born in Virginia, in April, 1821, and when but four years of age, his father, Dr. Eli Gilmore, came with his family to Israel. township and continued his practice as a physician, practically until his death. William received a common school education and attended for a couple of

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years an academy, and studied law under Thomas Millikin, of Hamilton and the Hawkins of Eaton, and was admitted to the bar in 1847. He set up an office in Hamilton for a year and then came to Eaton, where he formed a partnership with J. S. Hawkins until that gentleman's death, three years later.

In 1852 he was elected prosecuting attorney and served two terms. In 1857 Judge Clark, of Hamilton, in the same judicial district, having resigned, Gilmore was appointed to fill the vacancy, and after filling out the term, he formed a partnership with Judge J. V. Campbell, who had shortly before completed his term of probate judge. The partnership continued until 1866, when Gilmore was elected to the common pleas bench, and re-elected in 1871, while in 1873 he was elected a judge of the supreme court of Ohio. After serving his term he began the practice of law in Columbus, Ohio, and continued there until his death. He died in August, 1896, and is buried at Eaton. Clement R. Gilmore, an attorney, is the sole survivor of the family.

Judge Gilmore was a large man, of a kind disposition, and was regarded by all his associates as a very able lawyer. He has the distinction of being the only attorney of the county to reach a seat in the Supreme Court.

HE HELPED HIS BROTHERS.

Jacob H. Foss, born in Monroe township in December, 1825, of Penn- sylvania parents, worked on the farm until grown. He then attended the academy at Waynesville two years, and in 1849 taught school at Euphemia. Studying law with Judge Haines, he was admitted to practice in 1851, and began the practice in Eaton, and for nearly fifty years was one of the most active attorneys at the bar, never missing a term of court.

In 1857, he married Julia A. Morgan, and to them were born two sons, Stanley B. Foss and C. C. Foss, who are now practicing attorneys at this bar. A daughter, Minnie V., is the wife of Dr. F. M. Michael. From 1869 to 1876 he served as mayor of Eaton, and during that time the town hall was built and more improvements started in the town than were started before or since in the same length of time, he being ably seconded by town councils. It must be said to his credit that when litigation arose over public improvements, if in his judgment they were needed and beneficial improvements, he always refused fees to oppose them.

He has been the preceptor of more law students than any known mem- ber of the bar, counting among them a number who rose to prominence in the profession. For many years he had the largest law library in the county.

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He was regarded as standing among the ablest lawyers. He was a large man, and when aroused his tongue could frame a bitter speech; but every member of the bar knew that when the occasion passed it was forgotten, and that he had a heart so kindly and so forgiving that the next day he would spend hours helping a brother over a knotty point and finding cases to fit, and never expect or ask a fee therefor. He died March 12, 1901, and his aged widow died in December, 1914.

FOUNDING THE ODD FELLOW ORDER.

John V. Campbell, born in December, 1815, in Lanier township, was educated in the common schools and began teaching when sixteen years old. For some years prior to 1840 he was deputy county clerk, and in 1841 was appointed postmaster of Eaton, which he held for over nine years. In 1851 he was elected as the first probate judge, although he had not been admitted to the bar. He held the office for two terms, being admitted to practice while in office.

In 1858 he formed a partnership with William J. Gilmore, which con- tinued until Gilmore's election as judge. He then formed a partnership with James A. Gilmore, which continued until the latter was also elected as a judge. The fact that he was so long a partner of these two eminent attorneys is alone sufficient commendation of his ability and standing as a lawyer. In 1873 he was elected prosecuting attorney.

He was one of the organizers of the Odd Fellows lodge in Eaton and until his death took an interest in its welfare, being held in high esteem by the members, who often called him the "father of the lodge." He was ap- pointed as one of the first trustees of the Preble County Children's Home, continuing as such until his death, always taking a lively interest in the wel- fare of its inmates.

He was a man of medium height, of heavy build, genial and kind by nature, and patient, seldom showing anger except under great provocation. He had a strong memory for names and faces, and everyone seemed to know Judge Campbell. He freely advised with those who asked advice, sel- dom accepting a fee. He was a master of probate law and by his wide ac- quaintance and tactful handling of his clients he built up and held the largest probate practice in the county.

He died July 2, 1888, leaving a widow and four daughters, one of whom was married to Edmond S. Dye, who was a student in his office. The pro-

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bate office is still run on much the same lines as those outlined and started by Judge Campbell.

Solomon Banta was born in October, 1801, in Montgomery county. His father, Abraham Banta, was one of the early settlers of Lanier township, set- tling on the banks of Banta creek, and from him it derived its name. The son secured what education he could in the common schools, and attended the high school kept by James A. Mendal, and became a teacher himself for several years and then studied law under Tom Corwin at Lebanon and was admitted to the bar in 1827. He then set up the practice at Eaton, and soon afterward married Malinda Sewall, and to them were born three children.

About 1830 he went to Danville, Illinois, and when the Black Hawk War occurred he volunteered and served until peace was restored. He then came to Eaton and continued the practice of law. He was a good lawyer, a good scholar, and filled a number of local offices, including mayor and justice of the peace for several years. He died at his daughter's, Mrs. A. V. Auter, Topeka, Kansas, in 1879.

HAY FEVER CLAIMS A VICTIM.

George Waddy Thompson was born in Vermont, in October, 1818, and when three years old the family moved to Ohio, near Fremont. When fif- teen years old he was appointed a cadet at West Point, and in about a year a Southern cadet of a higher class tried to make a menial of him, which he resented so strenuously that the other fellow "took the count," and as, under the then code prevalent at West Point, he would be disgraced and reduced, he resigned and came back to Ohio and studied law under Noah Swayne at Columbus and was admitted to the bar. He came to Dixon township and taught school in this county a couple of years, and in 1845 was elected prose- cuting attorney, and afterward was appointed to a clerkship in the United States land office, serving four years. In 1850 he formed a partnership with Joel W. Harris and they built up a good practice. In 1863 he was elected probate judge of the county and served two terms. He became afflicted with hay fever, and in October, 1872, he went to Lincoln, Nebraska, hoping to be benefited by the change, but died about a month after his arrival. His body was brought back and buried in the Eaton cemetery.

George W. Gans, born in Pennsylvania, in March, 1823, was educated in the common schools and when eighteen years old became a clerk in a store and began reading law: In 1847 he married Helen M. Morris and the young couple moved to Eaton to start their home. He taught school some years,

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and in 1851 was admitted to the bar. He was one of the organizers of the teachers' institute in this county, which has since become a permanent institu- tion. . He was elected mayor of the village, and in 1857 was elected probate judge and served six years, making a good and efficient judge. He contracted lung trouble, and died in June, 1865.

REPUBLICAN VERSUS DEMOCRAT.

Robert Miller was born in Jefferson township in July, 1827, of Scotch- Irish parents, and received only a common school education. He taught school some ten years during the winters, studied law under Gen. Felix Marsh, and was admitted to the bar in 1852. In 1855 he was elected prose- cuting attorney and served three terms. In 1863 he was elected repre- sentative, and in 1864 he was adjutant of the One Hundred and Fifty-sixth Regiment Ohio Volunteer Infantry. In 1863 he was elected mayor, and served two terms. In 1866 he formed a partnership with Col. A. L. Harris, and the firm continued the practice until 1876, when Harris became probate judge.

In 1871 a contest arose over the election of a state senator from this district, Kemp, of Montgomery county, being the Democratic candidate and . James Saylor, of this county, the Republican. If the vote of the soldiers at the Dayton Soldiers' Home were rejected, Kemp was elected; otherwise, Say- lor was elected. The Montgomery county officials rejected the vote, giving the certificate to Kemp, and Saylor contested. Miller was his attorney, and he carefully collected the facts and cases of law bearing thereon. He ap- peared before the Senate, and for four hours presented what those who heard asserted to be one of the most clear and logical arguments that had been heard in the Senate. He won the case and soon after the law was changed so that there have been no contests since. He served acceptably in many local offices of the village and also of the Presbyterian church, of which he was a member. He died February 25, 1900, leaving a widow and three sons.

Joel W. Harris was born in Butler county, Ohio, in February, 1815, of Scotch-Irish parentage and was educated in the common schools. When a young man he began teaching and attended Miami University some three years and then taught school again, and then kept a store in Darrtown and read law until about 1850, when he sold out and entered the Cincinnati Law School, and in 1852 was admitted to the bar and began the practice in Eaton, forming a partnership with George W. Thompson, which continued until the latter was elected probate judge, and then he continued alone until his death.

He was regarded as one of the leading attorneys of the county, well edu-

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cated, with a clear mind, naturally logical, and educated just at the time when the agitation to reform the old common law procedure into the code procedure of the present day was in full force. He was a strong advocate of the code, and became one of the best pleaders under the code at this bar. Kind-hearted naturally, he was always courteous and fair with his opponent. He died in 1866, unmarried. The Eaton Register published of him at his death: "Very few of his compeers excelled him in legal attainments, being acknowledged as one of the best judges of law in this part of the state. He was a man of extraordinary ability, strictly upright and moral in all his intercourse and dealing with men. He was a man of unobtrusive manners and kindly dispo- sition." Such a notice could only be made for a manly man. .

REMEMBERED FOR HIS GOOD QUALITIES.

James A. Gilmore was a son of Dr. Eli Gilmore, and was born in Israel township July 11, 1834, his father having emigrated from Virginia in 1825. James was educated in the common schools, but, being of an observing nature. quick perception, an omnivorous reader and possessing a retentive memory, he was well informed on almost all subjects. In 1852, he became a law stu- dent in his brother William J. Gilmore's office in Eaton, and worked as a clerk in various county offices. He graduated from the Cincinnati Law School in 1855 and was admitted to the bar and began the practice with his brother. In 1858 he went to Greencastle, Indiana, and began practice there. In 1861 he enlisted in the Forty-third Regiment Indiana Volunteers and shortly afterward was detailed for service in the quartermaster's department, continuing with the regiment three years, being discharged in the fall of 1864. He again enlisted in the Ninety-first Regiment Ohio Volunteer In- fantry, and went with his regiment to North Carolina, being again detailed as a judge advocate, and in 1865 was discharged with the regiment.

He then began the practice as a partner of Judge J. V. Campbell, and in 1869 married Ada M. Hendrix, daughter of George D. Hendrix. After his marriage he practiced law at Hamilton for two years, after which he re- sumed his former partnership at Eaton. In 1879 he was elected an additional judge for the district, and served as such for five years. He then formed a partnership with I. E. Freeman, which continued until the latter's death. He then continued alone for some years, and again formed a partnership with Philip A. Saylor, which continued until Gilmore's death, July 28, 1914. Dur- ing the last six years of his life he was confined to his home nearly all the time, and for over five years of that period was never at his office. He was

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a large man, genial and jovial to a degree, and was a pleasing speaker, tact- ful and witty, so that any joke he might spring on his opponent seldom left a sting. A good lawyer and pleader before the court, he was eminently a good trial lawyer before a jury-clear and forceful. He was kind and always courteous, and won the respect and esteem of his compeers.

ANOTHER ABOLITIONIST.

Jehu W. King was born in Warren county, Ohio, October 11, 1829, and two years later his father moved on a farm adjoining Pyrmont, Montgomery county. Judge King was educated in the common schools and when but sixteen years old began teaching, and in 1850 became a student of Ohio Wesleyan University at Delaware, Ohio. After leaving the university he taught a year in Indiana and a year in Kentucky, where he observed the work- ings of the slavery system and saw the sale of men, women and children on the auction block. Like Lincoln, his soul rebelled against the system and all his life he was bitterly opposed to slavery in any and every form. He returned to Ohio, and continued teaching in this and adjoining counties for ten years, working several summers in Camden as a cooper. In 1854 he - married Sarah J. Baker, by whom he had one son, now living in Columbus, Ohio. His wife died some three years later and he married Mrs. Sarah J. Taylor in 1860, and to them were born three sons and two daughters, aH living except one son. After his last marriage he moved to Camden and continued teaching and read law under Gen. Felix Marsh, being admitted to the bar in 1864.

Before the Civil War he was appointed school examiner and held the position for a dozen years. In 1865 he was elected prosecuting attorney on the Republican ticket and served two terms, trying some very difficult cases, among them one against a young man named E. Thomas, who, in a drunken brawl at a show, attempted to shoot a man, but missed him and shot through the heart a Miss Dorinda Campbell, who sat in the audience. Thomas went to the penitentiary for life. In 1869 King was elected probate judge, and served two terms. In 1878 he purchased a farm near Sugar valley and re- sided thereon for six years, when he moved back to Eaton and resumed his practice.

In 1900 he formed a partnership, his first and only one, with R. E. Lowry, and in 1904 his son, Harry G. King, became a member of the firm, which so continued until Judge King's death, March 13, 1908, since which time the other two have continued the firm.

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Judge King was but little under six feet high, of very slender and frail build, and had to be very careful in exposing himself to the inclemencies of the weather. He was a ripe scholar, well versed in the history of our country, with a keen analytical mind. During several years he wrote editorials for the Eaton Register, some of which were copied and quoted by the great eastern papers. He was a good lawyer, one of the best pleaders at the bar, and all judges listened with respect and carefulness to his arguments, because he was known to be intellectually honest, quick to see the weak points of his adver- sary and urge the strong points of his own case. A master of language, he never intentionally uttered words to wound, and if offense was taken he was prompt to make the apology for the seeming affront as publicly as the of- fense was given. He was gentle and kind to a fault, always courteous and considerate of others, and was one of the truest friends and manliest men the writer ever knew.

"His life was gentle, the elements in him so mixed, That Nature might stand up and say To all the world, this was a man."

Some of the finest battles of the bar in recent years were between him and Judge James A. Gilmore, between whom a warm friendship existed; but when pitted against each other it was a battle, but always respectful and courteous and when the contest ended there seemed no bitterness left. The bench and bar could do no better than to emulate the course pursued by those two legal warriors, who have now faced the Final Judgment.

FROM FARMER TO GOVERNOR.

Andrew L. Harris was born in Butler county, November 17, 1835, his father moving to Dixon township a year or so later. He was educated in Miami University and then read law with Thompson and Harris in Eaton. The Civil War breaking out in 1861, the young man forgot his law and en- listed as a private in the Twentieth Regiment, Ohio Volunteer Infantry, for three months and was mustered out as captain of Company C. In October, 1861, he recruited Company C, of the Seventy-fifth Regiment, Ohio Volunteer Infantry, and was commissioned as captain, and served until January, 1865, having been promoted to colonel and breveted brigadier-general. In April, 1865, he was admitted to the bar, and formed a partnership with Robert Mil- ler, which lasted until he became probate judge in 1876, where he served two terms. In 1865 he married Caroline Conger, and to them one son, Walter

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Harris, was born, who has been for some years employed on the New York World.

In 1885 he was elected a representative and served two terms. In 1891 he was elected lieutenant-governor, with William Mckinley, governor, and served two terms, and in 1897 he was appointed on the United States indus- trial commission and served four years, and, again in 1905, he was elected lieutenant-governor, although the Democrats elected Governor Pattison.

In June, 1906, the governor died, and Andrew L. Harris was working on his farm when he received word that the governor had died that morning. He immediately came to Eaton and ascertained that the information was cor- rect, and then appeared before Judge Elam Fisher and took the oath of office and left for Columbus, where he continued to reside until January, 1909, ex- cept for short visits to his old home. In 1908 he was nominated by the Re- publicans as their candidate for governor.

The "wet" and "dry" questions were then beginning to agitate the state and the candidates were asked to define their stand on those questions. Gov- ernor Harris came out squarely against saloons and made a fight on that question, going to practically every county in the state and presenting the question forcibly and ably to the voters, being the first candidate for that of- fice who had ever dared, openly on the stump, to espouse the anti-saloon cause. He was beaten by Judson Harmon, but the agitation has gone on and would not down, until today the adherents of his cause have elected a gov- ernor who publicly stated that he would vote for state-wide prohibition. His was the honor to lead the first fight, and so well did he perform the task that even his political enemies have no bitter words to utter against him. As governor he appointed the commission that codified and rearranged our laws into what is now called the general code.

His bitterest political opponents never impugned his integrity. Some of the forces that helped nominate him for governor realized the agitation that was going on, but they figured that, like nearly all politicians, he would side- step the issue and meekly submit to their leadership. They failed to take into account the stern metal of Colonel Harris, who, when his command was sur- rounded in 1864 by seven times its number and its ammunition gone, put him- self at the head of his men and in a wild and desperate charge drove straight through the ranks of the "Johnnies" and escaped with half of his men. Such men do not trim their sails to every shifting wind of political fortune; they think straight as they charge. His fame is safe in the records of his regi- ment, where will be found his military record.

In addition to names given above, many other attorneys have practiced

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at the Preble county bar, who were generally locally- well- known; highly re- spected and were good and valuable citizens, but who were not fortunate in becoming so prominent officially as those named, but who contributed their part in building up the reputation of the bar. I will name those who were actively engaged in the practice so far as known.

Lazarus Miller, born about 1800, came to Eaton in 1821, and was elected representative in 1830 and 1831 and served as county auditor at different times, some fourteen years in all; removed to Warren county, Indiana, dying there about 1850; Andrew J. Hawkins, 1815-1849; Vincit Mitchell, 1800- 1864; Benjamin Hubbard, 1809-1896, one term as representative; Jesse- B. Stevens, 1802-1870; Irvin E. Freeman, 1821, three times elected prosecuting attorney, died 1892; Benjamin F. Larsh, 1825-1877; Robert W: Quinn, 1835, two terms probate judge, died December 28, 1910; Isaac E. Craig, 1840, died December 1, 1910; Absalom Stiver, 1818-1892, always resided in Gratis, one term as representative; John M. Shaefer, 1820, always resided in Camden, died about 1890; Marcus L. Holt, 1841, died at St. Louis, about 1900; John B. Chadwick, admitted 1848, later moved to Indiana and died there a few years since; Frank G. Thompson, admitted 1876, and a few years later removed to New York City and died there; John A. Moore, ad- mitted 1879, served two terms as probate judge and then moved to Dayton and later to the state of Washington; Lewis M. Dillman, admitted 1877, later removed to Illinois and now in New York as president of the Amer- ican Book Company; John B. Drayer, admitted 1850, and a few years later moved to Iowa, where he served as circuit judge for a number of years; James L. Sayler, admitted 1895, and a few years since moved to north Chicago, Illinois ; William B. Marsh, 1845, admitted 1867, was mayor twice, and two years ago moved to Richmond, Indiana; Luther C. Abbott, 1831, admitted 1859, served two terms as prosecuting attorney, and three terms as mayor of Eaton, and in 1879, moved to Richmond, Indiana; William W. Aker, 1833, admitted in 1872, served two terms as representative, not now in the practice; Robert Dye, admitted 1910, but moved to Los Angeles, Cali- fornia, some three years since; J. W. Lake, admitted 1863, now and for many years a druggist at Eaton.

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History of Preble County Ohio: Her People, Industries and Institutions, Part 18

Author: R. E. Lowry Publication date: 1915 Publisher: Number of Pages: 985

Author: R. E. Lowry
Publication date: 1915
Publisher:
Number of Pages: 985