History of Preble County, Ohio, with Illustrations and Biographical Sketches, Part 18

Author: H. Z. Williams & Brothers
Publication date:
Publisher:
Number of Pages: 559

USA > Ohio > Preble County > History of Preble County, Ohio, with Illustrations and Biographical Sketches > Part 18

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HON. ABNER HAINES was born on a farm, on Deep river, Guilford county, North Carolina, on the twenty- sixth of March, A. D. 1804. His parents were Friends or Quakers, and his mother quite a noted preacher of that denomination. Abner was the third child in a family of four males and two females-the only present survivors (1880) are a brother and sister. In the year 1808, when Abner was but four years old, his father's family immigrated to Ohio, and after remaining about a year in the vicinity of the mouth of the Little Miami, chose a permanent location on Todd's fork, in Clinton county, about five miles from Wilmington, the county seat. As soon as his years and strength would admit it, the young Abner was put to work, assisting his father and brothers in clearing up and cultivating the farm. His summers were occupied in this employment, and his winters in attending the common schools of that day. In this desultory way, and by study during the interim between school sessions, he attained a very creditable knowledge of the common English branches of educa- tion; and before attaining his majority, engaged in the business of teaching.

In the summer of the year 1826, Mr. Haines having made up his mind to obtain a higher education at all hazards, and his father feeling that he was unable, in jus- tice to his other children, to aid him through college, he started out literally "to seek his fortune," with but a few dollars in his pocket, and on foot and alone. Fortune directed his footsteps to Eaton, then a village of some five or six hundred souls. Here he was induced to halt, and make the attempt to secure the position of teacher of the village school. His effort proving a success, he remained here some year or so, and afterward taught in other localities in the county. Having accumulated a small amount of means, he went to Oxford, and entered

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HISTORY OF PREBLE COUNTY, OHIO.

as a student in Miami university, then a first class seat of learning, and applied himself assiduously to the pur- suit of knowledge. By teaching during college vacation, and otherwise, he was enabled to remain at the university until he had acquired a good knowledge of the higher mathematics, and of dead languages. He was unable to complete the collegiate course and graduate, but his scholastic attainments were fully equal to those of a great many students who did graduate.

On the first day of October, 1829, Mr. Haines was married to Miss Nancy Thornberry, near the village of Camden. One son was born to this marriage, soon after the birth of whom Mrs. Haines died, living less than a year after marriage. The infant son, now a resident of the State of Kansas, was taken to the home of its grand- parents (Haines), and there reared to manhood. Previ- ous to his marriage the subject of our sketch had entered as a student in the law office of J. M. U. McNutt, esq., in Eaton. He continued the study the full term re- quired by law, and was admitted to the bar on the ninth day of July, 1831, by the supreme court for Preble county.

Immediately after his admission to the bar, Lawyer Haines went to the town of Centerville, then the seat of justice of Wayne county, Indiana, and opened an office for the practice of his profession. After he had got fairly established as a practitioner there, he entered into part- nership with the Hon. Oliver H. Smith, then living at Connersville, afterwards United States Senator from the State of Indiana.

On the twenty-second day of November, 1832, Mr. Haines was married to Miss Lydia Leas, daughter of George and Mary Leas, pioneers of this county, and who then resided on the farm now the Preble county infirm- ary. Five sons and two daughters were born of this mar- riage, all of whom, with the mother, are now living.

During the winter of 1831-32 the subject of our sketch was employed by the committee for sufferings of the In- diana yearly meeting of Friends, to perform a service which gave him considerable notoriety. During that winter a couple of strangers travelling on horseback passed through Richmond, and remained there over night. At that time (and in fact ever since) there were quite a number of colored people living at Richmond, "and it happened that a very sprightly colored boy, some twelve to fourteen years old, was employed about the tavern at which these strangers put up. During the night they concocted a scheme to entice this boy away, with the purpose of taking him to Missouri and selling him into slavery. They succeeded on some pretense, not now remembered what, in their scheme, and took the boy away with them, carrying him behind one of them on horseback. By close watching and intimida- tion and threats, they got safely through to St. Louis, and there sold the boy for three hundred dollars.

It was some time before the boy was missed, the land- lord supposing he had gone home, and his parents supposing that he was at the hotel. When it was ascer- tained that he was gone, immediate search was insti- tuted, and it was soon found that he had been taken

away as before stated. Notice was given to the commit- tee for sufferings, one of whom was the late Achilles Will- iams, and they at once set about measures to pursue and reclaim the boy. To this end they engaged the services of Lawyer Haines, who took with him a young man by the name of Garr, well acquainted with the boy, as a wit- ness to identify him, and the necessary proof of the boy's freedom, and went on horseback, over roads for the most part in a horrible condition, all the way to St. Louis. That, let it be remembered, was no slight undertaking at that time, making a journey of some three hundred and fifty miles, on horseback, at the most unfavorable season of the year. They had no difficulty in following the kid- nappers-their identity, with the negro boy on the horse behind one of them, was never lost.

On their arrival in St. Louis they had some difficulty in finding the boy, as most of the inhabitants were dis- posed to put obstacles in their way and mislead them. They succeeded in finding him, however, and immediate- ly sued out a writ of habeas corpus, had it served, and the boy brought into court, where his identity and freedom were established to the satisfaction of the court, and he was delivered into the custody of Mr. Haines, who soon got the boy across the river into Illinois, The journey home was accomplished in good time, and the boy de- livered to his parents. It is not known that any effort was made for the capture of the kidnappers. The suc- cessful conduct of this affair added very much to Lawyer Haines' popularity, and gave him much business in his profession.

Our subject remained at Centerville until the year 1837, and then for a short time engaged in the dry goods business, in the village of Boston, Wayne county, in company with Lewis Baxter. He was there only a short time, and after disposing of his interest in the store, came back to Eaton, bought property here, and remained here during the balance of his days. He en- tered vigorously upon the practice of his profession here, and in a very few years became one of the leading attor- neys at our bar, extending his practice to the neighbor- ing counties.

When the "Eaton & Hamilton" railroad was first projected and talked of, Mr. Haines took a very active interest in the enterprise, and was one of the "leading spirits" in bringing it to a successful conclusion. He was the second president of the company; and it was under his administration that active operations in its construction were commenced. Before its completion, however, finding that he could not give it the attention that was necessary, on account of the demands of his law practice, he resigned the presidency of the road, but abated nothing in his interest in the work.

At the October election in the year 1851, our subject was elected circuit judge for this sub-district. He occu- pied the bench with credit and distinction between three and four years, but resigned before the expiration of his constitutional term.

Politically, Judge Haines was identified with the old Whig party, up to the year 1844 or 1845, when, on ac- count of some disaffection, he held aloof from politics

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for some few years. Finally, he cast his lot with the Democratic party-still maintaining, however, the anti- slavery proclivities of his early Quaker training. He was a member of the Democratic convention of 1848, and was the author of the celebrated "mitigate and finally eradicate " resolution passed by that convention, which was the means of effecting a temporary union (or junction rather) of the Free Soilers with the Democrats.

His kindness of heart, generous temperament, and the remembrance of his early Quaker training, could not do otherwise than impel him to take a rigid stand against the demon of slavery, and when that hideous question began convulsing our devoted land, Judge Haines natur- ally drifted into the Republican party upon its first or- ganization, in 1856. He predicted the awful result which finally grew out of the attempt to nationalize slavery; and whilst the Rebellion was being born, the judge was often heard by his family, in a semi-darkened room, in the night time, predicting the fearful calamities which he saw coming apace. But with the portentous results in view, he was still the colored man's true friend, and many a poor black man received substantial aid at his hands.

He continued a true and loyal Republican, giving the weight of all his talents and influence in behalf of the prosecution of the war, until the end in the triumph of the Union arms. In 1872, however, believing that he was thereby aiding in bringing about a speedier adjust- ment of differences between the sections, he cast his in fluence in favor of Horace Greeley and Gratz Brown.

In the year 1876 Judge Haines was elected a member of the senate of Ohio from the senatorial district com- posed of Preble and Montgomery counties, on the Dem- ocratic ticket. Although being afflicted with Bright's disease of the kidneys, and being in constant pain, he served in the sixty-second general assembly up to the time of his death, with credit to himself and his constitu- ency. His death, which occurred at Columbus, Ohio, on Monday night, March 19, 1877, at his boarding house on East State street, was a tragical end for a quietly spent life. He had been in the room of one of his brother senators, in consultation with him and others. Judge Haines' room was on the first floor, and the room of his colleague was on the second floor; and in passing from the stairway down which he had to go on the way to his room, he passed through a dimly lighted, narrow hall, from which hall a steep stairway led down to the base- ment story. This stairway was usually closed by a door, but on that particular night it was left open; and the nar- row hall leading to the judge's room being immediately beside and beyond this stairway, in feeling his way through the darkened passage-way when the judge came to the open stairway he supposed he had reached the hall-way to his room, when, turning to the left and making a step for- ward, he pitched head foremost down the stairway to the bottom, and his neck was broken in the fall. His death was instantaneous, and his face wore a calm and peaceful look-a look something akin to a smile, when his body was found at six o'clock the next morning, the disaster having occurred about midnight. Senator Haines had often talked of death and dying, to his intimate friends,

and always expressed the wish that his death might be instantaneous and painless, and he had his wish.

He died as he had lived, with enmity toward no man, and with the ill will of none. In person he was above me- dium size, full six feet high and rather heavy made-weigh- ing usually above two hundred pounds. He had light hair, blue eyes, fair complexion, and sanguine-lymphatic tem- perament. In his latter years he was disposed to corpu- lency, weighing above two hundred and fifty pounds. It would be difficult task to give a correct analysis of Judge Haines mentality. He was certainly a man of strong in- tellectual power; but not easily so aroused as to exhibit his full strength. He was a sound lawyer, and an able advo- cate. He possessed a retentive memory, was well versed in both modern and ancient history, and fond of literary pursuits. He was very social, fond of the company of friends, full of anecdote, and an entertaining conversa- tionalist.

GENERAL FELIX MARSH was born in the county of Es- sex, New Jersey, July 21, 1806. When quite young, in 1809, he with his father, Squire Marsh, removed from the State of New Jersey, to Preble county, Ohio, and settled in Camden. Here he obtained the rudiments of an edu- cation in the common schools of that period. The lim- ited advantages afforded by them did not satisfy his am- bition, and in 1824 he commenced the study of Latin under the preceptorship of a fine classical scholar, and in 1826 entered Miami university at Oxford, where he pursued his studies for several years. He was an apt scholar, excelling in the languages, and early in life gave evidence of his power as an orator, for which he was afterwards distinguished. When at Oxford he took a leading part in the Erodelphian society, and participated in all the college exercises, rarely, if ever, being found deficient. He read law at the law school in Cincinnati, 'and was admitted to the bar in 1834 and soon became a good lawyer and a fine advocate. He represented the county as prosecuting attorney, and as representative and senator in the Ohio legislature two terms, each with credit to himself and entire satisfaction of his constitu- ents. General Marsh was a man of cultivated literary tastes, and was well versed in ancient and modern his- tory. He was a persuasive and convincing speaker, and possessing a brilliant imagination, these gifts combined to make him one of the most successful of jury lawyers. He was engaged in an active and lucrative practice for over thirty years, and was one of the most prominent members of the Eaton bar.

November 17, 1836, he was married to Rachel Bloom- field, of Eaton, and raised four children, two daughters and two sons, all of whom, with his wife, survive him. General Marsh died at his residence in Eaton December 6, 1872, after a very short illness.

WILLIAM CRANE, son of Judge Joseph H. Crane, was admitted to the bar on the twenty-first day of June, 1833, by the supreme court for Preble county. He was a citizen of Dayton, where he continued to reside. He never lived or practiced his profession in Preble county.

WILLIAM C. WOODS, son of Hon. John Woods, of Hamilton, was admitted to the bar on the thirtieth day

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of June, in the year 1835, by the supreme court at Eaton.

FRANKLIN GALE was admitted to the bar, by the su- preme court in Eaton, on the fifteenth day of June, 1836. Nothing is known of his residence or subsequent career.

JOSEPH H. BERRY was admitted to the bar, on the fourth day of June, 1839, by the supreme court in Eaton. Nothing is known of his history.

VINCIT MITCHELL was admitted to the bar on the sixth day of June, 1842. Mr. Mitchell was born in the State of Kentucky, about the year 1800. He was an elder brother of General Ormsby M. Mitchell, the celebrated astronomer of the Cincinnati observatory, and who lost his life by accident while in the United States service as brigadier general of volunteers during the war of the Rebellion. The family, including Vincit, were among the pioneers of Miami county, having settled at Piqua a short time subsequent to the War of 1812.

Not much is known of the early life of Mr. Mitchell. He was twice married, his first wife having died in the year 1833, while he was living at Liberty, Union county, Indiana. Previous to that time he had resided in Mid- dletown, Ohio, and in Cincinnati, but in what years, or how long, is not known. He resided and kept a hotel at Liberty for some years, and while there was married to his second wife. From there he removed to Win- chester, in this county, and was living there when he was admitted to the bar. Within a year or two after his admission, he removed to Eaton, and engaged in the practice of his profession, in which he never attained any considerable eminence or emoluments.

Mr. Mitchell remained in Eaton, with his family, un- til some time after the revolt of the southern States. Meanwhile he was employed at different times, in one capacity or other, in the construction of railroads-at one time on the Cincinnati, Wilmington & Zanesville line, at another for a year or more, on the Ohio & Mis- sissippi road. Some year or so after the beginning of the war of the Rebellion, through the influence of his brother, General O. M. Mitchell, he obtained a captain's commission and was detailed to the quartermaster de- partment.

He remained in this position only about a year, when his health failed. Meantime his family had removed to Dayton, to which place he returned, and died soon after his return, some time in the year 1864.

Mr. Mitchell's education was superior to that of most persons of his age. He was very fond of reading, and was well informed upon almost all subjects that engage the attention of advanced minds. His intellectual en- dowments were fair-more notable for quickness, versa- tility, elasticity, so to speak, than for profundity. He was deficient in stability and self-reliance. He was of medium size, compactly built, sanguine-nervous tempera- ment, with light hair and florid complexion.

HAMPTON HALL was admitted to the bar May 30, 1844, by the supreme court at Eaton. Mr. Hall was the son of William Hall, esq., and was born at Camden, Preble county, about the year 1822. He studied the law, and was called to the bar at the same time with Benjamin

Hubbard, esq. Shortly after his admission he opened an office in Eaton for the practice of his profession; but being a very young man, and the business in his de- partment being neither flush nor lucrative, it proved an up-hill business for him to gather a living practice. Within a few years thereafter, Judge Hall came into possession of the Pottey mill, in Gasper township, and Hampton engaged in the running and management thereof, as a partner with his father.

BENJAMIN F. GURLEY, ESQ., was admitted to the bar, May 31, 1844.

JOHN I. PHELPS, ESQ., was admitted to the bar, June 24, 1845.

MAJOR FRANCIS ALANSON CUNNINGHAM was born in Abbeville district, South Carolina, November 9, 1804. When a small boy, his widowed mother emigrated with her young family to Kentucky, where she married her second husband. This lady's maiden name was Cun- ningham, but in no way related in blood to her first husband, and her second husband's name was also Cun- ningham, but not a relative by blood either to herself or her first husband. Soon after her second marriage, the family emigrated to Warren county, Ohio. Judge George Kisling, of Lebanon, was appointed the guard- ian of young Cunningham, and took a great interest in his education and welfare. After leaving school, his guardian procured him a situation in a dry goods store, in which business he continued until his twenty-second year. In the year 1826 he came to Eaton and com- menced the study of medicine with Dr. Jesse Paramore. While pursuing the study of his profession, he taught school in several localities in Preble county. In the year 1829 he was licensed as a physician and surgeon; and on the seventh day of July of that year he was married to Miss Maria Campbell, only daughter of Captain William Campbell, of Lanier township. In a short time after his marriage, Dr. Cunningham located at Portland, Fountain county, Indiana, on the Wabash river, where he engaged in the active practice of his profession. Not being satisfied with the prospect and condition of things there, however, he did not remain long, but returned to Preble county and settled at West Alexandria, where he successfully pursued the practice of his profession for several years.

In the year 1833 Dr. Cunningham was appointed clerk pro tem. of the courts of Preble county, afterward receiving the appointment for the regular term of seven years. Subsequently he was appointed for a second term of seven years, but before its expiration he was elected, in the year 1844, to a seat in Congress as Rep- resentative from the Second Congressional district, for the Twenty-ninth Congress. He was a candidate for re-election, but in the meantime the district having been changed, he was defeated by General Robert C. Schenck.

On the twenty-third day of June, 1847, Major Cun- ningham was admitted to the bar by the supreme court for Preble county. About the same time he enlisted a company for service in the Mexican war, but before his company was fully organized and mustered into service, he received a commission from President Polk as an

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additional paymaster in the regular army, and was assigned for duty with the army in Mexico, where he remained until the close of the war. Upon the re-or- ganization of the pay department of the army, he was retained in the service, and in that capacity served in New Mexico, Texas, and all along the frontiers where troops were stationed. In the year 1861 he had his headquarters at San Antonio, Texas; and when the war of the Rebellion broke out, he, with the troops at that place, was taken prisoner by General Van Dorn. Imme- diately on his release he reported for duty at Washing- ton, and was stationed at St. Louis, Missouri. There he served about a year, when he was relieved on account of disability and put upon the retired list at half pay. Ma- jor Cunningham died at his home in Eaton on the six- teenth day of August, 1864, from the effects of paraly- sis, with which he was attacked whilst at Wilmington, Delaware, just one year previously. He was the father of three children, two sons and a daughter, all of whom are dead. His widow is yet living (1880) in Eaton, at the age of seventy years, and is reasonably stout for one of her years. Events immediately following the major's admission to the bar prevented him from engaging in the practice of the law as a profession, and his appoint- ment in the army opening a new channel for the exercise of his talents, the diversion was permanent-he never entered the practice.

In person the major was of medium size, compactly built, with a slight stoop of the shoulders, and capable of great physical endurance. He was of florid com- plexion, with light hair and blue eyes. He was eminent- ly social in disposition, fond of society, an entertaining conversationalist, and warmly attached to friends. On the first day of March, A. D. 1828, he was initiated in the Masonic order, in Bolivar Lodge, No. 82, at Eaton, and continued his membership in said lodge during life, and was buried with the honors of the order.

HIRAM JONES, ESQ., was a native of Butler county, Ohio, and in that county was educated, grew to man- hood, qualified himself for the practice of law, and was there admitted to the bar. About the year 1835 he came to Eaton, and established himself in the practice of his profession. In the year 1840 he was elected to the office of auditor of Preble county, which office he re- tained but for a single term of two years, and was suc- ceeded by John R. Stephen, esq.

In the year 1844 Mr. Jones was elected to the office of recorder of Preble county, and served in that office six years. He never attained any great prominence as an attorney, but was esteemed a good and sound lawyer, and safe counsellor. After the expiration of his term as recorder, he emigrated to the State of Illinois, and loca- ted near Brimfield, Peoria county. After remaining there a few years, he went to Knox county, in that State, and improved a large tract of prairie land which he had purchased. He died on his farm in Knox county, some years ago, honored and respected by all who knew him.

Lawyer Jones was a man of fair capacity, a ripe scholar, genial companion, fond of society, and of the most amiable disposition. Perhaps the most marked

trait in his character, was his uniform candor. Every- body that knew him had full confidence in whatever he might say. Honesty and integrity in all business trans- actions and relations he never lost sight of.

JESSE B. STEPHENS, ESQ., was born on the fifteenth day of February, A. D. 1802, in the State of Tennessee. He was the ninth in a family of ten brothers. His father and mother were natives of Virginia, and had emigrated to Tennessee some twelve or fourteen years before Jesse was born. In the year 1808, the family left Tennessee and took up their residence in this county, on a farm some three miles southwest from Eaton, on the old Brookville road. During his youthful years, the subject of this notice, in addition to his labors in assisting to clear up a farm in the heavy primeval forests, availed himself of every opportunity of attending the schools of that time, and gained a very fair education in the com- mon English branches. During his minority he also learned the trade of brick making and bricklaying; and in that capacity assisted to make the brick and lay up the walls of the old court house-the one torn down and replaced by the present structure. He also, in the year 1824, carried up the east front wall of the three-story building at the northwest corner of Main and Barron streets, erected by the late Cornelius Van Ausdal.

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History of Preble County, Ohio, with Illustrations and Biographical Sketches, Part 18

Author: H. Z. Williams & Brothers Publication date: Publisher: Number of Pages: 559

Author: H. Z. Williams & Brothers
Publication date:
Publisher:
Number of Pages: 559