History of Seneca County, from the close of the revolutionary war to July, 1880, Part 38

Author: Lang, W. (William), b. 1815
Publication date: 1880
Publisher: Springfield, Ohio, Transcript printing co.
Number of Pages: 737


USA > Ohio > Seneca County > History of Seneca County, from the close of the revolutionary war to July, 1880 > Part 38


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About two years thereafter he was made brigadier general of this brigade, and when in uniform and on a fine horse, he was in his true element. The writer has seen large portions of the army of Bavaria and France, and many soldiers in this country, but never a man that looked more furious and brave on a horse than General Sea (as we shall now call him). He was indeed valliant as long as he was not op- posed by anybody, but " caved in" when confronted; his acts often bordering on cowardice.


About this time an independent company, called Osceolas, had been organized in Tiffin, and by the kindness of General Nighswander, O. M. General of Ohio, had procured flint-lock rifles, with which they ap- peared on parade from time to time. It seems that General Sea and others had made efforts to procure arms for the several militia compa- nies in this county and failed. Now to see these Osceolas parade the streets in Tiffin with their clean guns, and General Sea's men attend muster without arms, was too much for the General, and his poetic genius again took possession of him. One morning a lot of posters were stuck up all over Tiffin and copies sent all over the county calling a meeting of the " Grand Militaire " of the county at Tiffin, as follows:


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ATTENTION MILITARY MEN OF SENECA COUNTY ! INJUSTICE IN THE CAMP !


EVERY MAN TO HIS POST!


Blow ye the trumpet, blow, and sound the drum, Send round the hand-bills, let the freemen come; For equal rights the standard let us raise, And let the Tiffin Junto foam and gaze. Eight companies have we, old, faithful and true, Whose rights are trampled on to bless the new.


Your old and patient prayers thrown in your face, And Oceolas born to partial grace. The quartermaster deals you pelting storms, But takes the Oceolas to his arms; Hle gives them guns, the brightest and the best, Let's your old beards petition and be cursed. Here, you can see, the Tiffin Junto reigns, While you submit to penalties and pains.


Shall Oceolas flaunt their glittering steel, And can the older brothers fail to feel? Behold their sheen displaying to the sun. And trudge your sober face and wooden gun. Hear ye, brave spirits of our fathers gone, And let your children put their reason on. High soars the eagle out of mortal sight. But why should justice tower a greater height? The eagle sometimes stoops to mortal kin, Then why not justice sometimes dwell with man.


If you arise and meet in Tiffin, on Saturday, the 14th inst .. at 10 o'clock precisely, and peaceably, with united voice, proclaim your wrongs to the legislature. I think you may procure your rights, and arms enough of differ- ent description to make our brigade respectable, and I promise my feeble aid on the side of impartial justice. Why should a miserable faction rule the whole county? I hope and trust that our well-beloved brethren, the Occolas, when they find that their older brothers are men. too, will be more anxious to give justice than to take wrong.


You've set me as a watchman on the wall. I see the poison hissing in the camp. I blow the horn. Let's peaceably extract the venomous teeth and let the reptiles live. SIDNEY SEA.


Brigadier General.


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Let us all come up to the meeting and investigate the whole affair.


ASA WAY. Colonel.


. G. M. OGDEN, Lieutenant Colonel, HENRY METZGER, Adjutant, JOSIAH ROOP, Quartermaster, E. T. STICKNEY, Captain, D. METZGER, Captain, J. S. SPARKS, Captain, PAUL DEWITT, 1st Lieutenant, W. BURROWS. 2d Lieutenant.


REPUBLIC, January 3. 1843.


These indorsers all lived in Republic, or near by, and were easily in- duced to sign anything against Tiffin. After the burning of the court house, great efforts were made to remove the county seat to Republic, and build a new court house there, but they failed, and the grudge had not died away yet. The Tiffin Junto was nothing but the little independent military company, the most of whom lived in the country. These " reptiles " wronged nobody when they secured guns for themselves.


The meeting came off in the little old school house on Market street. The Osceolas were there in full force, and but few of the militia. General Sea came in, and taking the chair, called the meeting to order, and administered one of his usual reprimands to the Osceolas for not . taking their turbans off. Colonel Gibson, who was invited to attend by Captain Poorman, of the Osceolas, being present, and the writer, who procured the guns, having explained to the meeting the manner of our organization, and the mode of procuring our guns, the meeting ad- journed and


" The Duke of Brunswick. with his mighty men. Marched up the hill and-then marched down again."


It is probable that the quartermaster-general of Ohio demanded se- curity for arms that were distributed among the militia.


On one of the September muster-days, the " grand army " was drawn up in line from the river to Madison street, on Washington street, fac- ing to the east. General Sea was on his high horse, in full uniform, and in his glory. George W. Black had a bakery and small beer-shop, nearly opposite the National hall. While the General was up street, a man slipped out of the ranks into Black's, and, securing a section of ginger cake, stepped into line again. Now came the General in full gallop, with his feathers flying in air and the yellow cuffs of his gloves up to his elbow, and noticing the man with his big ginger cake, stopped short, wheeled his horse facing the men, and shouted, " Attention ! Great God ! Look at this ! A free born American citizen soldier, in the service of his country, eating ginger bread in the ranks !" The man wilted.


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About the year 1843 General Sea left Republic and moved to Tiffin again, when he and Mr. I .. A. Hall became partners in the law firm of Hall & Sea. They soon had a large practice, and while Sea was the better advocate, Hall was the better pleader. Mr. Sea's striking ap- pearance and forcible address gave him great influence with a jury. He was quick and ready to catch a point, and unsparing in pressing it. This partnership lasted only about two years, and both continued in the practice in Tiffin.


General Sea was ambitious and used all the means at his command to get General John Bell, of Lower Sandusky, who was major-general of the 17th division O. M., out of office, with a view of filling it himself. General Bell was a most estimable gentleman and highly esteemed citi- zen, but he sometimes appeared on parade with a straw hat on his head: put on no style, and in 1838, while the Canadian or patriot war was raging, a lot of arms were stolen out of General Bell's warehouse, in Lower Sandusky. These two circumstances served General Sea's pur- pose, and he drew up charges against General Bell for the purpose of having him tried and court-martialed. He had his law. partner, Mr. Hall, to copy the charges, and they were sent to Governor Shannon. Governor Shannon thereupon caused the following order to be issued, which convened the most distinguished, august and talented military men that ever formed a court-martialin Ohio, viz:


ADJUTANT GENERAL'S OFFICE. COLUMBUS, Omo, February 3, 184.


A court-martial, to consist of seven persons, will assemble at the city of Columbus, state of Ohio, on Monday, the 19th inst., at 10 o'clock A. M .. for the hearing and determining of charges preferred against Major-General John Bell, of the 17th division of Ohio militia.


The court will consist of:


Major-General John Snider, of the Ist division, president.


Major-General C. B. Goddard, of the 15th division, judge advocate.


Major-General George Rowe, of the 13th division.


Brigadier-General M. S. Wade, of the 3d brigade. Ist division.


Brigadier-General George Gephart, of the 7th division.


Brigadier-General Thomas Stockton: of the 2d brigade. 7th division.


Brigadier-General Sidney Sea, of the 17th division.


General W. F. Sanderson, provost marshal.


William Lang. Esq .. assistant marshal. By order of


WILSON SHANNON, Commander-in-Chief Ohio Militia.


E. GALE.


Adjutant-General.


At the trial, which was held in the old United States court room, the Hon. Gustavus Swan, as counsel for General Bell, objected to General


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Sea, and alleged that Sea himself had drawn up the charges and was therefore disqualified to sit and try the case. Witnesses were examined and the facts clearly established. Mr. L. A. Hall testified that General Sea had drawn the charges, and he (Hall) had copied them. The court, upon deliberation without Sea, decided that he could not sit. On the meeting of the court after dinner, this fact was made known to Gen- eral Sea by the president, and he was politely requested to withdraw, but there he sat and allowed himself to be invited to leave the second time. He still refused to go, when General Goddard ordered the writer to take General Sea out of the room instanter. The order was obeyed slowly and reluctantly by both of us.


No matter what became of the case. It is referred to here only to show the shrewdness and head-strong, stubborn character of General Sea.


Suffice it to say that General Bell had to pay a fine for allowing the arms to be stolen from him.


Now General Sea was alone in the practice, and Mr. Jeremiah C'ar- penter, of Venice township, having an estate coming to him in Ken- tucky, employed the General to collect it for him. The General went to Kentucky, and after an absence of several months, returned with a beautiful horse he called Mazeppa. Mr. Carpenter claimed that he did not get all of the estate that was coming to him, and brought suit against General Sea. A long, sad, costly and angry litigation followed. Car- penter obtained judgment against Sea, and for want of goods and chattels, a writ of ne exeat was sued out, and under which General Sea refused to give security, simply that he would not leave the county, and preferred to go to jail. Whether the proceedings were right or wrong will not be discussed; but the case excited general notice and was the theme of gossip a long time.


While here in jail, General Sea, who always was a very voluminous pleader, prepared a petition against Judge Bowen and the associate judges for false imprisonment. It covered about two reams of paper, written on both sides. Judge Bowen offered Stoo to any person that would make for him a copy of it. "The case was never tried.


After he had lain in the stone jail some three months or more, Messrs. R. G. Pennington and Oliver Cowdery, as the attorneys of General Sea, applied to Judge Reuben Wood, of the supreme court, for a writ of habeas corpus to get the General out of jail. The writ was issued and Judge Wood came from Cleveland to Tiffin to hear the case on the 5th day of February, 1847. General Sea was discharged. This was the last official act of Judge Wood, for his term expired on the next day. The


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court house was crowded to overflowing during the trial, and on the following night the brass band, with a large crowd of citizens, gave Gen- eral Sea a serenade. Much sympathy was enlisted in his favor by this time.


In 1848 General Sea, with his family, moved to Milwaukee, Wiscon. sin, since which time the writer has heard but little of him


He was a most wonderful combination of mental force; shrewd, cun- ning, able, reckless, daring, crouching, vindictive, ambitious An able orator, a forcible advocate, but unsocial and cold. He was reckless in his adventures, as well as in the abandonment of a good purpose.


" Pity he loved an adventurous life's variety.


ยท Ile was so great a loss to good society."


COOPER K. WATSON.


In the fall of 1879, while Judge Watson was visiting his daughter, Mrs. John D. Loomis, at Tiffin, he promised to write a short sketch of his life for publication in this book, but being very closely occupied on the bench and his health failing, the promise was never complied with. The following is from the Tiffin Tribune of May 27th, 1880, and while it is very incomplete, it is perhaps the best that can now be ob- tained as a substitute for a sketch of his life:


Cooper K. Watson died in Sandusky, Ohio, Thursday, May 20th, 1880, aged abont seventy years, after an illness of several weeks. We take from the Sandusky Register the following obituary, and desire to add, that after he moved to Norwalk, he was elected a member of the constitutional conven- tion :


.. The deceased jurist was born in Jefferson county, Kentucky, ou the 18th day of June, 1810, and was therefore a month of reaching the full allotted measure of man's life. In boyhood he was apprenticed toa merchant tailor. and worked at his trade a short time.


He turned his attention, however, to the law. soon after reaching mau- hood. He began his study at Newark, and was admitted to the bar at Colni- bus. He practiced at Newark for two years, theu moved to Delaware, where he remained four years ; then went to Marion, where he lived five years, four of which he served as prosecutor of the conuty. He then moved to Fremont. where he lived eight years. While a resident of Fremont he became an in- timate friend of the late Sardis Berchard, an mele aud patron of President R. B. Hayes.


About 1:50 he took up his residence at Tifliu. and in 1554 was the Free Soil (K. N.) candidate for Congress, and was elected. He entered the house of representatives with John Sherman, and soon took rank as an ardent friend of liberty, and an uncompromising foe of the slave power. He was not re- elected. and at the close of his teri returned to the practice of the law.


lu 1870 he moved to Norwalk, where he remained nutil he made this city his home in 1874.


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Although he changed his place of residence several times, he always took the front rank at the har, and secured not only an extensive acquaintance in the central part of the state. but a wide reputation as an able and successful lawyer, his practice extending throughout central and western Ohio and into the district and supreme courts.


Before a jury he was clear. positive and convincing, and in the examina- tion of witnesses, more especially in criminal cases, he was singularly sie- cessful : to cross-examine medical experts was his special delight, and few of them but left his hands with the disagreeable conviction that the lawyer knew more than the doctor.


In the practice of the law he was rigidly honest, far above the small tricks of the profession, and free from the vices by which lawyers gain a cheap no- toriety and pile up money. Personally he was warm in his friendship, so- viable and companionable with his friends, and tolerant of honest differences of opinion in religion or polities. He was sincere himself. and admired sin- cerity in others, and his earnestness in this regard led him to abhor shams and despise humbugs.


When in the full vigor of his montal powers he was a strong man on the bench, and had he been elevated to the bench twenty-five years ago instead of being sent to congress, he would unquestionably have attained the highest judicial honors.


In one aspect his career was a happy example to young members of the har. While he had great natural abilities, the real secret of his success was his devotion to his books. He read constantly, patiently and nuderstand- ly, and his law library is by far the largest and most complete in this section of the state.


He was greatly admired by such men as Judge Raney, Judge White and Judge Welch, and had a very warm personal friend in General Hayes, who, as governor of the state, appointed him judge to fill the vacancy caused by the death of Judge Lane.


In 1830 he married Miss Caroline S. Darker, of Zanesville, who survives him. He leaves four children: Mrs. Eleanor Loomis, of Tiffin; Mrs. Caro- line Willard. of Monroe, Michigan: Mrs. Nettie Gilbert, and Charles B. Watson."


JOSEPH HOWARD


Was one of the pioneer lawyers of Tiffin. He was a fair pleader, but no advocate; more politician than lawyer. He was a very gentle- manly man and always dressed neatly. There was a great deal of what was then called "aristocracy" about his house. When, in 1830, the judges of the court appointed him clerk, Mr. Neil McGaffey, his pre- decessor. was so much surprised at the change that he sued out a writ of quo warranto against Mr. Howard, but the case was never tried, and Mr. Howard officiated as clerk some four years. Under the administration of President Taylor he secured a clerkship in some department in Washington city, where he died.


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ROBERT G. PENNINGTON,


One of the oldest lawyers in Tiffin, was born in Delaware county, Pennsylvania, in December, 1816, of Quaker parents, Joseph and Sarah Pennington, who were also natives of the same state! He was a descendant of Isaac Pennington, of Chaltort, England, who, with George Fox, Thomas Elwood, Robert Barclay and William Penn founded the Society of Friends, in England, about the middle of the sixteenth century.


One of Isaac's daughters, Gulielma, was the wife of William Penn, and his son. Edward Pennington, came with him to America and mar- ried the daughter of Samuel Jennings, the then governor of New Jersey, and from whom the Penningtons, of Pennsylvania and New Jersey, were descended.


In 1825 Joseph Pennington and family removed to Cayuga county, New York, where they lived until the spring of 1834, when they started for the west, expecting to purchase land and settle in the reservation in this county. They came to Buffalo by the New York and Erie canal and then up the lake in the old steamboat Enterprise, landing at Huron, thence by wagons to Tiffin, arriving on the 24th of May. The cholera breaking out in town, the people chiefly scattered to the country, and the Pennington family took up quarters in the southeast corner of Clinton township, where Joseph Pennington soon after bought a new farm, but subsequently purchased other lands and settled in Bloom township, where the family resided many years.


In 1837 Robert G. Pennington entered the Huron Institute, at Milan, Ohio, and after completing an academic course there, in the fall of 1839 began the study of law with Abel Rawson, Esq., then the principal lawyer in the county, having for a room-mate and fellow- student, John K. Gibson, a brilliant, noble young man, who died in 1841, before admission to the bar.


Mr. R. G. Pennington was admitted to the bar in the spring of 1842, at Columbus, Ohio, in a class with Jesse Stem, Edward Smith, Homer Everett and Geo. W. Thompson, and commenced and continued the part- nership with Mr. Rawson until the latter retired from active business.


In February, 1842, Mr. Pennington married Caroline C. Kuhn, daughter of Captain Joseph L. Kuhn, late of the United States navy, and grand daughter of Lewis Chadwick Hargrace, British consul gen- eral of the Balearic island, belonging to Spain, and who was born at Port Mahon, on the island Menerca, one of the group, in 1821.


Three daughters are the fruit of this union: Eugenia Hargrace, wife


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of Almon Hall. Esq., of Toledo, Ohio; Caroline C., wife of Hon. W. R. Steele, of Wyoming territory, and Louisa Annette, the youngest.


Mr. Pennington has resided in Tiffin for forty years, and has directed his time and energies chiefly to his profession, yet, in the meantime, has given much of his means and attention to enterprises useful to the growth and prosperity of Tiffin. Amongst these are railroads, banks, and manufacturing interests, in which he was largely interested as stock - holder. In 1847, with Benjamin Tomb and others, he organized the Seneca county bank, the first bank in the county, and was its first cashier. He also, with Edward Gywn, organized and put into opera- tion the Gas Light Company of Tiffin, and for seven years was its president.


In 1856 he was the presidential elector for this congressional dis- trict, and took an active part on the stump in the canvass and cast his vote for J. C. Fremont for president.


He was from time to time candidate of his party for several places of trust and honor, amongst which were those of representative for the state legislature and member of the late constitutional convention. In all these cases he was unable to overcome the large Democratic majori- ties in the county and district.


In 1861, at the breaking out of the war, he took a deep and active interest in the perils that threatened the life of the nation, and with Colonel Lee, Major Dewalt, organized the 55th regiment O. V. I., and accompanied the regiment to the field as its quartermaster. In 1862 he was made adjutant general on the staff of General McLean, and after a service of two years, resigned on account of lameness and ill health. He returned to his profession, banking and manufacturing, suffering very severely in his finances by the revulsions during the last few years.


As a lawyer he is a better pleader than advocate. He is industrious, gentlemanly and polite, courteous and friendly. Aside from his legal and business qualifications, he is a great student of the popular sciences of the day, a clear thinker and profound reasoner on every subject he ever investigated. His friendship is warm and lasting, and the great beauty of his "make up" is the fact that he is always the same, to himself as well as to others.


GEORGE E. SENEY


Was born in Uniontown, Fayette county, Pennsylvania, May 29, 1831. He is the oldest son of Joshua Seney, a short sketch of whose life elsewhere. He graduated at the Norwalk seminary, read law in


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the office of I .. A. Hall, and was admitted to practice in 1852. In 1857 he was elected judge of the court of common pleas. In 1858 the office of district attorney of the United States was tendered him, which he declined. He was the quartermaster of the roist regiment O. V. I., and after serving two years returned to his profession. In 1874 he was the Democratic candidate for congress in this district and was beaten by only 139 votes. He was a delegate to the Democratic national con- vention at St. Louis. He is the author of "Seney's Code," and is a successful practitioner and an able and forcible advocate.


My venerable and distinguished old friend, the Hon. James Purdy, the veteran lawyer of Mansfield, Ohio, who is the only survivor of that pioneer band of lawyers that attended the sittings of the first courts in Seneca county, was kind enough to furnish the writer a few anecdotes and descriptions of a few scenes in connection with the practice in those early days, but it took some urging to induce Major Purdy (as he is familiarly called) to do so. . Finally he penned, for the use of the writer, the following:


MANSFIELD, May 1. 1850.


W. Lang, Esq .:


DEAR SIR- At the age of 87 I retain vividly in my memory amusing anec- dotes of the bar in those early days, a few specimens of which I give. that you may, if you desire, incorporate in proper language in your history of Seneca county.


In those days each circuit had a president judge-a lawyer-and in each county there were three associate judges-country gentlemen. The lawyers called this the " Demarara team." A sailor was fined, and as he stepped up to the clerk to pay. said he hoped the Demarara team was now satisfied. He was asked to explain, when he said: " In the Island of Demarara a team is composed of three mules and a jackass."


Some of the members of the bar traveled the eirenit with the judge. This. the second cirenit, was composed of the counties of Richland, Huron, San- dusky. Seneca, Crawford, Marion and Wood, the latter being organized in the winter of 1823-4. The members of the bar that traveled with Judge Lane were: Parish. of Columbus, Purdy. Parker, May and Coffinberry, of Mansfield, and Bolt, of Norwalk. All these practiced in Sencea county. The two first named handled the whole cirenit. except Wood county, which was then inaccessible on horseback a great portion of the year. That county was reached by the members of the bar of Norwalk by sail-boats from San- dusky City. These cirenitizers were called " Judge Lane's gang." They traveled on horseback, and in the spring term had muddy roads and deep streams to ford, sometimes nearly covering their horses, often affording amusing incidents. Coffinberry, May. Parker and myself left Tiffin for New Haven one day on the then traveled road. Two well-to-do farmers on that road had a snit tried at that term, Purdy for plaintiff and Coffinberry for the defendant. Contrary to his usual practice. Coffinberry abused the


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plaintiff personally. Six miles out they found a branch of Rocky creek more than mid-side deep to their horses and overflowing its banks. Coffinberry having been a sailor in his day, deemed it prudent to head up stream. and making allowance for lee-way, got out of the road and ran his horse against a tissne which was covered with water: his horse. " Old Tom," fell. the girt broke, rider, saddle and saddle-bags went over his head into the water. Hle got out as best he could and the journey was resumed. We reached the main stream, which was considered too deep to venture across that day. Here the plaintiff resided. In sight on the other side was the residence of the defendant. The gang determined to ask the hospitality of the plaintiff, but Coffinberry vehemently protested. Judge Clark. the plaintiff, most cheerfully received us, took Coffinberry into a room and gave him a suit of dry clothes, treating him more kindly than the rest of ns. and would not per- mit him to apologize.




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