USA > Ohio > Richland County > History of Richland County, Ohio, from 1808 to 1908, Vol. I > Part 28
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"Following Mr. MacMillan's retirement, Mr. M. D. Frazier, of Zanesville, became the business manager of the paper, with the Hon. William Lawrence on the editorial tripod. Mr. Lawrence was a graduate of Kenyon college and came here at the close of his term as a state senator from the Muskingum district. Senator Lawrence was thoroughly conversant with public affairs and as an editorial writer he had but few equals and no superior in the land. Having been associated with Senator Lawrence in his editorial work for several years, the writer knows whereof he speaks concerning Mr Lawrence's ability and adaptability for editorial work. He could write
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pages of paper quite rapidly and never went back to change a word, because none needed to be changed.
"In 1885 the Hon. W. S. Cappeller came from Cincinnati to Mansfield and started the Mansfield Daily News, the first permanent daily newspaper founded in Mansfield. Later he purchased the Ohio Liberal, consolidated the plants and discontinued the Liberal. The News has grown with its years, owns its own building, has a fine equipment and is one of the leading county-seat papers in Ohio. Mr. Cappeller is now on his second term as postmaster of Mansfield."
THE BENCH AND BAR.
BY HON. C. E. MCBRIDE.
In discussing my subject I propose to refer only to those whose records have been made up, and for whom the last entry has been placed on the journal, and the Court Crier has adjourned the term sine die. There has always existed more or less prejudice against the members of the legal pro- fession. At times, they were barely tolerated, and some communities still regard them as a necessary evil to be carefully circumscribed. Perhaps they are controlled by the prejudice which exists in the uneducated mind of to- day, well illustrated in the remark of an Irishman who saw a tombstone with the inscription: "Here lies the body of John Robinson, a lawyer and an honest man," and reflecting, observed "A lawyer and an honest man. I wonder what the two of them is doing in the one grave?"
Notwithstanding all the jibes and jeers that have been hurled at the bench and bar, they have and will continue to exercise a vast influence over the destinies of this nation. Our nation will resist time and survive decay, so long, and only so long, as a pure and independent bench and a fearless and patriotic bar remain to defend our liberties.
The bar of Richland county has been composed of many able and dis- tinguished members. It has furnished several cabinet officers, several United States senators, several justices of the Supreme Court of Ohio and other states; and, while never having one of its members appointed to the bench of the Supreme Court of the United States, it had one who was considered to be sufficiently worthy and who would have been appointed except for the fact that a political quarrel would have prevented his confirmation. It fur- nished the singular anomaly of father succeeding son as governor of the state. It has furnished governors of this and other states; and some of the distinguished ability in the suppression of the Rebellion. It has had an honorable career. Let us hope that when the mist which now seems to dim its lustre clears away, its course will be greater and better than ever before.
The field which lay before the lawyers of the early days was far less extensive and far less lucrative than at present. Thousands of cases now crowd the dockets which could not have possibly arisen. No wealthy cor- porations existed, expending each year in lawyers' fees enough money to have paid the taxes of the four colonies of New England. Patent law and railroad law, the business of banks and insurance companies, express com-
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panies, telegraph companies and steamships, have given rise to legal ques- tions of which the old lawyers had no conception whatever. A fee of twenty thousand dollars was unknown; a suit involving a million of dollars was unheard of. Yet the profession was not ill paid, and offered many incen- tives to bright young men. The law student of the early days usually began by offering his services to some lawyer of note, and, if they were accepted, paid a fee of a hundred dollars, and began to read law books, copy briefs, and sweep out and dust the office. Now a student would not think of keep- ing the office clean, and it scarcely comports with his dignity to run errands between the law office and the courthouse. In the course of two years he was expected to become familiar with Coke on Littleton, with Woods's Insti- tutes of Civil Law, Blackstones' Commentaries, Chitty's Pleadings, and with some work on Chancery practice. This accomplished, his patron would take him into court, seat him at the lawyer's table, whisper to the gentlemen present, and, with their consent, would rise and ask leave of the Court to pre- sent a young man for the oath of an attorney.
The Court would ask if the bar consented. The lawyers would then bow. The patron would then vouch for the morals and learning of his young friend, and the oath would be administered by the clerk. This done, the new attorney would be introduced to the bar and carried off to the nearest tavern, where health and prosperity would be drank to him in bumpers of strong punch.
The early members of the bar were men of integrity and honor; men wedded to their profession and given to the practice of rigid honesty. They were men who have left their impress upon the history of our county and state as well as the nation and other states.
Under the constitution of 1802 the judiciary of Ohio was very differ- ently composed than it is now. There was then no separate probate court The court of common pleas in each county was composed of a presiding judge, a lawyer, and three associate judges, lay men; and the associates as a rule gave attention to the probate business. They sat with the presiding judge at the sessions of the Court, and they were essentially a part of it, and sometimes they overruled him. This did not occur very often. Where the associate judges were men of strong mental force and vigor, of fair education, of strong natural gifts, they regarded themselves as fully authorized to be fully consulted by the presiding judge on all questions before the Court.
The history of the associate bench of Richland county discloses the fact that, generally speaking, the associate judges were above the average of men.
The county was organized in 1813. The population in 1813 cannot be accurately given, but it was only a few hundred. In 1820, when the census was taken, it numbered 9,169.
The associate judges first commissioned were Thomas Coulter, William Gass and Peter Kenney. They were all men of high standing. Judge Coulter's descendants still live in the boundaries of the old county. William Gass was an historie figure-judge, member of the house, senator-his public services extend over a period of more than thirty years.
The first case recorded in Common Pleas Court of Richland county is
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that of Thomas Oram and Elizabeth Oram, his wife, executor and executrix of John Lougue, deceased, against John Pew.
This was an action of trespass on the case for $1,000.00 damages for one hundred and one beef hides alleged to have been found by the defendant and converted to his own use, well knowing that they were the property of John Lougue. The action was begun on the 13th day of January, 1814, and tried soon thereafter by a jury of twelve men and resulted in a verdict of not guilty. C. R. Sherman was the attorney for the plaintiff and Curtis and Harper represented the defendant.
Recurring to the associate judges, they were all men above the average in mental strength, native vigor, general intelligence and acquirements. One of these was in the congress of the United States from 1833 to 1837, and was always addressed as Judge Patterson. Judge Isaac Osborn, who graced the bench for fourteen years ; James McCluer, who succeeded Gass; Robert Beatty, Hugh Gamble, Benjamin Jackson, William S. Granger, Judge Andrews- most of these men were long-lived and attained the age of three score and ten ; and they were honest men, and the ermine of the judges was not soiled by any of them.
The last associate bench was composed of Ezekial Chew, Alexander Barr and David McCullough.
Chew was a blacksmith by trade and a farmer, a man of stalwart frame and vigorous intellect, not given in his early life much education by the schools, but a remarkable man nevertheless. Every fiber of the man was a golden thread of integrity. Averse to litigation in his immediate neighbor- hood he was a great factor in keeping down local or neighborhood quarrels and litigation. He came to be the counselor of half the community in which he lived, reaching out beyond township lines, and his advice was so wise and just that he was in this respect a great benefactor to the old county.
Judge Chew has passed away, but his memory ought to be and is cher- ished as that of an honest man and able associate judge and a worthy citizen of the county. He was a Jacksonian Democrat politically.
Alexander Barr was a wholly different man physically, yet a man of broader education and quicker apprehension than Judge Chew. He was the village schoolmaster of Mansfield, a colonel in the Ohio militia. It is said of him that he was capable of teaching the higher branches in mathematics, and taught practical surveying and that his penmanship was like copper plating. He removed to a farm and while a farmer was elected an associate judge. He was honest, able and worthy, and his useful life is the heritage of many of the sons and daughters of the old county. On the bench he was not so vigorous as Chew, yet his mind was more active and alert. If differences existed between the presiding judge and the associates, Chew was the man influential, though less able to formulate the expression of their dissent.
The last of this old associate bench was David Mccullough, of Mansfield, with less education than either Chew or Barr, yet a more intimate acquaintance with the world. He was for years the village tailor, tasty, neat in all things and a willing, hearty helper of his fellow men. Mccullough, on the bench, was apt to rely on his associates and the presiding judge more than on any
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judgment he would frame himself, yet on questions where he believed the right was suffering defeat, he was strong and determined. Physically, he was much smaller than Chew or Barr. He was also a military man, and at one time was captain of "The Mansfield Blues," an independent company organized by Mansfield's first soldier and West Point graduate, the late General Samuel R. Curtis. Judge McCullough was a Democrat in his early days, but in time became a Republican, and served for a term as county treasurer.
The old bench, the associate judges of Ohio, are a thing of the past. They went out with the adoption of the Constitution of 1851. Did the new Constitu- tion improve the system? This has been a mooted question. This much must be said, the first judiciary of Ohio under the Constitution of 1802 was less expensive, and with the increased population of Ohio would have continued to be less expensive to the state and the people. It has been said that "the first judical system was founded for the people; the second for the bar rather than the common people."
The present Constitution of Ohio was formulated by a constitutional con- vention which closed its labors on the 10th day of March, 1851. Samuel J. Kirkwood and Dr. James P. Henderson represented Richland county in this convention. All judges were made elective by this Constitution. Under the Constitution of 1802, the judges were appointed by a joint ballot of both houses of the general assembly. The change from appointment to election was a radical one and one that I do not believe was an improvement. I believe an appointive judiciary will come nearer dealing out equal and exact justice than one where the judges must get down into the mud and slime of politics in order to wear the judicial Ermine. Under the Constitution of 1851 the counties of Licking, Knox and Delaware formed the first sub-division of the Sixth Judicial District; the counties of Morrow, Richland and Ashland the second sub- division, and the counties of Wayne, Holmes and Coshocton the third sub- division, and this district and their sub-divisions remain to this day.
After the Constitution had been ratified by the people the following were elected as the first judges in each of these sub-divisions: In the first sub- division, Rollin C. Hurd, of Knox county ; in the second sub-division, James Stewart, of Richland county; in the third sub-division, Martin Welker, of Holmes county. The manner and the integrity and the ability with which these judges discharged all the duties and performed all the functions of the bench assured the people that a mistake had not been made in their choice.
These were men of strong character. Judicial integrity, great learning, clear, concise thought, adherence to principle founded on reason, familiarity with precedents and leading cases, honesty of purpose controlled their admin- istration of the law. Technicalities were brushed aside if they interfered with doing substantial justice between man and man. The right was made to. prevail over the wrong.
George W. Geddes was chosen as the successor of James Stewart. Party lines were beginning to break. Stewart, who had been a Democrat, did not act with that party, and Geddes who had been a Whig was chosen on the Demo- cratic ticket in preference to Stewart, whose name appeared on the opposite ticket.
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Judge Geddes' course illustrates the genius of our free institutions. It demonstrated that the poorest and raggedest boy that plays in the streets or country place may at no distant day take his seat on the judicial bench or his voice may be heard in our national councils. Judge Geddes served on the bench for fifteen years. He had an extensive and lucrative practice. As a judge, Geddes was pleasant, affable and courteous, yet at the same time he was firm and commanded the respect of all who had business before him. The judicial Ermine while worn by Geddes never contained a speck of dishonor. In his hands the scales of justice were evenly balanced. The humblest suitor's case received the same careful, painstaking consideration as that of the wealthy and powerful.
As a lawyer he was very successful. To look at him in the trial of a case no one could ever tell whether the evidence was favorable or unfavorable to his client. He always wore the same smile. He was a most skillful cross- examiner. He did it in such a pleasing way that he gained the confidence of the witness, and before the witness knew it he had been pumped dry. His arguments to court were marked by the clearness and precision with which he stated his proposition. He was a most dangerous opponent to a jury. He could boldly state and plausibly maintain his position before them. He was a close student and always felt the spur of poverty in his childhood pricking him and pushing him onward.
Thomas J. Kenny reached the bench in 1874 and held many terms of court in this county, although he resided in Ashland. He was gifted by nature with a judicial mind; he reached results intuitively, and, having reached them, he was satisfied to announce the conclusion and not disposed to elaborate the reasons therefor. I once heard John McSweeny argue a demurrer to Judge Kenny while he was holding court at Wooster. McSweeny spent almost an entire day in the presentation. The next morning after court opened Judge Kenny announced "Demurrer overruled" without any reason given for the holding. McSweeny was furious; he approached the bench and said he, at least, thought he was entitled to know the reason why he was beaten. Kenny coolly looked at him a moment and said: "Mr. McSweeny, life is too short and the pay of a Common Pleas judge too small for me to undertake to give a reason for overruling your demurrer. If you are not satisfied with the decision of this court, go up higher." He was social, convivial and made much of his friends and was made much of by his friends. He was an able, impartial judge and a lawyer of marked ability.
William Osborn was another judge who hailed from Ashland. He held many terms of court in Richland and was liked by all. It has been said of him: "No one ever questioned his integrity. In every fiber of his head and heart was woven the strong silken threads of judicial honesty. He was of spare build, slender, delicate rather than strong physically, a close student, industrious, careful in his living, not convivial, but devoted to his friends, a loving husband and father, and counted among his friends not only those who agreed with him politically, but also those who differed with him. He was a careful, conscientious lawyer, and, putting on the gown of a judge, still more careful and conscientious. In fact, if he had a fault or failing, it was this;
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that fearing that by some possibility he might err in judgment and so injustice be done, he hesitated somewhat in reaching conclusions, and that hesitation, born of conscience, may some time have led him astray and into unintentional error, but this must always be recorded of him that in his heart he was an upright judge.
Judson A. Beebe, of Mount Gilead, served a part of a term on the bench, dying while in office. He held several terms of court at Mansfield. He was a careful, painstaking judge, affable and courteous to the bar and litigants. He left behind him a reputation for honesty and integrity.
Andrew K. Dunn was appointed to fill the vacancy, holding only a short time till the next election. He was an able lawyer, with a keen, incisive mind. He could see through a case with an almost intuitive perception. In the short time he was on the bench he had but little opportunity to display his ability. He was quick to catch a point and would have made a model judge.
Manuel May was elected a judge of the Common Pleas Court for this sub- division in 1882, and was reelected and served until 1892. He was prosecuting attorney of Richland county from 1858 until 1862. From 1866 until 1870 he represented this district in the state senate. In the senate he took a high rank and served on the judiciary committee and was a prominent factor in shaping the affairs of the senate.
As a judge, Manuel May was fair and impartial in his rulings, stanch in principle, clear in perception, with unswerving integrity and honesty of purpose, combined with a thorough knowledge of the law. He was most kind to the younger practitioner. His years of service on the bench were laborious years, but, in a large measure, he was gifted, and affability-a genial affa- bility-so characterized the man that the burden of labor was lessened by the pleasure afforded in his intimate association with his brethren of the bar. There was no austerity in his makeup, yet dignity was at the helm. I began my career at the bar while Judge May was on the bench. My temerity would quickly disappear under the genial, gentle glow of Judge May, and courage was given me by his kindly greeting and affable manners. His face was pleasant to look upon, his eye claimed your attention and captivated you ; his voice was sweet and low, yet clear and very attractive, and his manners Ches- terfieldian; and yet, withal, the humblest of all the sons of Blackstone were made to feel at home in his presence.
As a jury advocate he ranked high, being possessed of fair oratorical powers, as well as an openness of manner and frankness indispensable to him who would win the confidence of a jury. His power was the greater before court or jury from the fact that it was recognized that his aim was ever to secure justice and not to mystify and befog the jury and thus thwart the principles of right and equity involved. A number of the successful lawyers and prom- inent men of today read law under his guidance. He was an uncompromis- ing Democrat. Kind friend and just judge, we bid you adieu.
Believing that a complete list of the old associate judges has never been published in any history of Richland county, and thinking their names ought to be preserved, as well as their mode of appointment, I have taken the liberty to insert the list, even though it entails a little repetition. The list is as follows :
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Thomas Coulter, Peter Kenney, William Gass, James McCluer, Robert Beatty, William Patterson, Isaac Osborn, William M. Biddle, Benjamin Jack- son, Daniel J. Swinney, Francis Andrews, Jesse Edginton, Hugh Gamble, Allen G. Miller, Ezekial Chew, Alexander Barr, David McCullough.
Section 8 of Article 3 of the Constitution of 1802 provides, among other things, the following: "The associate judges of the Court of Common Pleas shall be appointed by a joint ballot of both houses of the general assembly, and shall hold their office for the term of seven years, if so long they behave well."'
It can be said of the judges, both those under the Constitution of 1802 as well as those under that of 1851, that they were never tainted by the breath of suspicion, but, one and all, they were honest, fearless, capable and upright judges-men whom the community should delight to honor and whose lives should be an example to the rising generation of Blackstonian disciples.
We will now pass in review some of the more illustrious names of the lawyers who have attended their last session of court.
John M. May was the first resident lawyer of Mansfield. He was admitted to the bar July 26th, 1815, and in the autumn of the same year settled in Mansfield and practiced in his profession until two years before his death, which occurred on the 12th of December, 1869. He was elected prosecuting attorney in 1816, but resigned the office the year following, because the de- fense to prosecution offered him better compensation. For many years he made the circuit of the northern and western county courts, and had a long and successful practice. In politics Mr. May was unambitious; in his profes- sion he was a fine advocate as well as an able chancery lawyer, and during his long life always maintained a high character as a good citizen and an honest man. In his later years, among his associate lawyers, he was styled the "Nestor of the Bar," and known as "Father May," and to the day of his death main- tained the good will, respect and confidence of all.
Jacob Parker read law at Lancaster, Ohio. He was regarded as one of the best of the old-time lawyers. It can be said of him that it was greatly to the glory of old Richland that he lived so many years in Mansfield, for he was a transcendent benefit to the young men who came thereafter to the bar. His brain was a complete workshop, so to speak. His knowledge of the law was exact, and his suavity, sincerity and safety of counsel were alike an assurance for his younger brethren and a benediction.
James Stewart, the father-in-law of John Sherman, was a lawyer, rich in his wealth of classical education, his imagery, his sonorous tones, his perfect knowledge of the human heart and its promptings to action and effect. He came from Pennsylvania and established an academy at Mansfield and there- after read law and was admitted to the bar and later sat on the bench, mention of which has heretofore been made. He possessed genius and was a man of portly form and magnificent presence.
Thomas Edginton is thus described in a pen sketch by Hon. H. C. Hedges : "Edginton was born in Virginia. He having been reared to the law did not cut much of a figure in its practice, not for the reason that he was not intelligent, but for the reason that he was indolent. Among the men of the past he was
PIPE'S CLIFF
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known as the very personification of indolence. He was nearly six feet tall, spare, with fair elocutionary gifts, but indisposed to exert himself. I remember him when I was a lad and my father was a merchant, and a very careful, tasty one about his goods and wares and store furniture and furnishings, and he dreaded the presence of Tom Edginton, who, unbidden, would appropriate the counter whereon to stretch his lazy bones. I remember that when informed that he was 'persona non grata,' Edginton would get off the perch but take no offense. The one thing lacking in Thomas Edginton was industry; that lacking, his professional life was a failure."
Pelatiah W. Burr was a student and the opposite of Edginton. He was energetic and industrious, though somewhat peculiar and reserved. He was not a strong, healthy man, and abandoned the practice of the law and removed to a farm. The out-door life brought him better health. His neighbors looked upon him as a book farmer. He did well on the farm, and it may be said of him that he was the first scientific farmer of Richland county.
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