History of Stark County, with an outline sketch of Ohio, Part 44

Author: Perrin, William Henry, d. 1892? ed
Publication date: 1881
Publisher: Chicago, Baskin & Battey
Number of Pages: 1060

USA > Ohio > Stark County > History of Stark County, with an outline sketch of Ohio > Part 44

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

In 1823, Hon Jeremiah H. Hallock, of Steu- benville, Jefferson County, was elected Presi- dent Judge and re-elected in 1830, and served the two full terms of seven years each, during which periods the following gentlemen were Associate Judges :

Hon. William Christmas, merchant, of Canton,

258

HISTORY OF STARK COUNTY.

who had studied law and been admitted to practice.

James Clark. already referred to.

John Kryder. of Plain Township.

Jacob Hostetter, of Minerva, Paris Township. John Everhard, Massillon, Perry Township. Harman Stidger and Eli Sowers, of Canton. Peter Lontzenbiser, of Plain, and Jacob Mil- ler. of Massillon. all of whom are dead save Judge Lontzenhiser, who now resides in Plain Township at his old homestead with the wife of his youth, both of whom have long since passed fourscore years, and are in the enjoyment of excellent health. Judge Hallock is remembered by the writer as a man of stern uprightness and Christian character, and as judge laid down his judicial robes as unsullied as when he first assumed them. Judge Stidger remained on the bench but a short time, when he resigned and was elected Clerk of the Court, which office he held for the constitutional term of seven years. The other gentlemen held their offices for the full term, except Judge Miller, who died in 1843, before his term of service expired ; they were all of the best men in the county that could have been selected for the place, and those who survive them may point to their rec- ord with just pride.

During the seven years that succeeded Judge Hallock's term of service on the Common Pleas Bench in the Fifth Circuit -the Legislature hav- ing at the session of 1816-17 changed the number -was occupied by the late Hon. George W. Belden, with whom the writer became ac- quainted in the then village of Massillon in 1828, Mr. Belden being at that time a clerk in a store at that place, having left a printing office in Middlebury. Portage. now Smnmit County-the office of the Portage Journal, a weekly newspaper. edited by Messrs. Bowen & Mason. Mr. Bowen and Mr. Belden abandoned the "art preservative " about the same time, Mr. Bowen to study law, and commence practice at Marion, and was finally elected a Supreme Judge. Mr. Belden, after fulfilling his engage- ment in the store at Massillon, worked for a short time on the Ohio Repository. The writer well remembers seeing him work off the paper on a Ramage press and also at work at case in that office. He commenced the study of med- icine and surgery, with Dr. Marlin Johnson, of Middlebury, and after perhaps a year's study. he abandoned that. and took up Blackstone and

Chitty, finished his studies and went into part- nership with Hon. John Harris already referred to. While in that partnership. he was elected Prosecuting Attorney, which office he held two terms, when he was elected President Judge. through the influence of Hon. D. A. Stark- weather. then a prominent member of the Stark County bar. Judge Belden at once saw and realized the responsibility of his position. The bar of Stark t'ounty, in those days proverbial for its strength, had Harris, who was the Nestor of the brethren, having then been at the bar nearly twenty years ; Hon. Hiram Griswold, now of Leavenworth, Kansas ; Loomis & Lahm. Starkweather & Jarvis. E. P. Grant, Samuel Pease, and many others referred to particular- ly hereafter. whose names adorn the Ohio, and Ohio State Reports, in addition to whom were lawyers from the neighboring circuits; from Wooster. Hon. Edward Avery and Levi Cox, and many more whose names have passed from memory. In Columbiana, the late Judge ( D. Coffin, whose recent death at Cincinnati calls up memories of the early days of the bench and bar in the circuit, Brewer, Mason, W. D. Ewing and Russell. At Steubenville, the Brothers Collier, Wright, Goodenow and Tap- pan ; at Cadiz. Harrison County, a bar at the head of which was the honored Chauncey Dewey. and W. B. Beebe ; at Carrollton, which became a county seat in 1832. Johnson. better known in Ohio now as Bill Johnson, since Judge of the Superior Court of Hamilton County : John Pearce. since President Judge, and one of the most accomplished gentlemen and scholarly lawyers in the circuit. and Stanton, afterward the great war Secretary, who, although a resi- dent of Steubenville, seldom failed to be at Carrollton at court. while New Philadelphia, in Tuscarawas County. seemed to be a focal point at which the lawyers from the entire circuit, and also from the counties of Holmes. Coshoc- ton and Muskingum. gathered, at the Common Pleas and Supreme Courts.

At the head of the Tuscarawas County bar was Joseph C Hance. Esq., where he yet re- mains, honored and respected, the senior mem - ber of the bar in that county. With that array of talent and legal learning before him. ready to take exceptions to his rulings, did the youth- ful Judge enter upon his seven years of official duty. So youthful was his appearance that his official title seemed misapplied. He, however.

HISTORY OF STARK COUNTY.

served the full term. and at the close of which, the bar of the circuit felt that he had discharged his duty faithfully. He was succeeded by Hon. John Pearce. of Carrollton, who took his seat as President Judge of the Fifth Judicial Circuit in Stark County. April 15, 1811. and helt the po- sition until 1851 ; was then re-elected and hold until 1852. when the Judges elected under the present constitution of Ohio took their seats and the judicial system of Ohio underwent an entire change. Instead of a Common Pleas Court with four Judges, one learned in the law and three country gentlemen. the Common Pleas was redneed to one Judge, who must be learned in the law, and instead of the Supreme Court meeting annually in each county, two out of the four judges composing the court. the Constitution provides for a District Court. that must be composed of three Judges of the Common Pleas of the judicial district. and one Supreme Judge, any three of whom shall form a quorum, for the transaction of any business within the jurisdiction of the court.

During the terms of service by Judge Pearce from 1844 to January. 1852. Daniel Ratfen- sperger was Clerk and Hon. Messrs. John W. Greenwood. James §. Kelley. Samuel Schrantz. James Hazlitt, David Welker and Thomas Blackburn. the last of whom with Hon. Peter Loutzenhiser, already noticed. are all of the As- sociate Judges who remain in Stark County, as landmarks of the old Constitution of Ohio, and of the judicial system organized under its wise provisions.

At the first election for Judges under the new Constitution, adopted in 1851. Judge Bel- den was almost unanimously elected Common Pleas Judge of the first subdivision of the Ninth Judicial District. composed of the coun- ties of Stark. Columbiana and Carroll ; he hekl the office about two-thirds of the term of five years. when he resigned and Hon. John Clarke. of New Lisbon, was appointed by Gov. Medill to fill the vacancy until the time for an election should arrive. On his resignation, Judge Bet- den returned to the bar and immediately went into a lucrative practice, in which he continued until his death in 1869. Asa lawyer, including all that is understood by the term. Judge Bet- den had few equals and certainty no superior in this section of Ohio, and at his death left many warm friends who will ever cherish his name and memory.

At the expiration of Judge Clarke's term of service, which was at the election following his appointment. to fill the vacancy. Hon. Lyman W. Potter, of New Lisbon, was nominated and elected for the full term. He held the office until some time in the year I85s. when he resigned and Hon. Jacob A. Ambler. of Salem. Column biana County, was appointed and held until the next annual election. when he was elected for the unexpired terin of Judge Potter. and it October. 1861. was elected for a full term of five years, when he was succeeded by Hon. Joseph Frease, of Canton, who served two full terms. when he was succeeded by Hon. Seraphim Meyer, who is now closing his first term. Since the adoption of the present constitution of the State, the judicial force in several of the dis triets has been Increased by special acts of the Legislature. The first subdivision of the Ninth District was authorized by special enactment to elect a Fudge, and Hon. John W. Church. since deceased, was elected. and before his term of service expired the act was repealed. An in crease of business in later years rendered it again necessary for an increase of Judges for the district, and the Legislature re-enacted the former law, and Hon. Peter A. Laubic, of Salem, was elected and is now serving his second term of five years. he having the counties of Colum- biana and Carroll, and Judge Meyer the county of Stark. Stark County may be said to have been favored in her Judges. Since the people have been authorized to eleet, the wisdom of the pro- vision in the constitution of 1851. allowing them to do so, has been fully justified by the selection of worthy men to fill all the judicial positions in the county. The wisdom of the measure was very much doubted, but with rare exceptions the result has been favorable, and few if any would be found to go back to the old mode of elveting JJudges, which was by the Legislature on joint ballot of the Senate and House of Rep- resentatives.

The Associate Judges to whom reference has been made could come together as a "Called Court." and attend ant probate and testamentary business, appointing executors, administrators and guardians, and in that respect facilitated business which otherwise would have had to re- main for the stated terms of the Court. Up to about 1815, the Supreme Court on the circuit had exclusive jurisdiction in divorce. when by act of the General Assembly the power to

260

HISTORY OF STARK COUNTY.

divorce was given to the Common Pleas. The ' this term a grand jury, and the first in Stark Legislature also used to exercise the right to annul the marriage contract until Judge Read in a most able opinion in the Supreme Court in bane took the power away from that body. These matters, having had the attention of the bench and bar of the State, are deemed worthy of a brief consideration here.

As already noticed. the first Court of Com- mon Pleas was held on the 18th of April, 1809. The first case on the docket was that of James Pearce and others. plaintiffs. against Isaac Van Meter, defendant. The action was debt, $42; damages, $40. The law's delay was as appar- The following entry of a part of the proceed- ings of that term is deemed worthy a place in this history : ent then as in later days. as judgment was not rendered until the April term, in 1810, when the plaintiff's recovered against the defendant a judg- JOHN SLOANE ment on default for $42 debt and $24.72 dam- In Debt. U.S. GEORGE THOMPSON. J ages, and $9.77} costs, $6 of which was a docket for the plaintiffs' attorney. At the close of the entry on the appearance docket are the words, This day came the plaintiff by his attorney and there- upon came John Shorb, who acknowledged himself special bail in this case in the sum of $256, to be levied of his goods and chattels, lands and tenements, condi- tioned that the said George Thompson shall be and ap- pear before the court at their December term next, and that if judgment be entered against him he will pay the debt and cost or render his body in execution. " and defendant in mercy," then follows : " Ca. sa. issued to August, 1810." In those days there was imprisonment for debt in Ohio, and whether the ca. sa .- capias ad satisfaciendum- was ever returned with the body of the defend- ant, the record does not show. Potter, supposed The names of Jennings, Tappan, King, Ma- son, Edgington. Wright Hon. J. C., afterward Supreme Judge -- and Reddiek, are the names of practicing lawyers who appear of record on the first appearance docket of Stark County Com- mon Pleas, and which contains all the appear- anees entered from the organization of the court to January 21. 1812. The journal of the court furnishes the names of many distinguished lawyers residing in neighboring counties, but to be Horace Potter, of Columbiana, attorney for plaintiffs, and Obadiah Jennings, of Jeffer- son County, for the defendant. The first term of the Court lasted just long enough to transact the following : " At a Court of Common Pleas, begun and held for the County of Stark," after reciting the time and place, "Ordered, that John Harris be appointed Clerk pro tempore to this Court until a permanent Clerk be appointed. Ordered, that Sampson S. King be appointed , the names of Roswell M. Mason and Sampson Prosecuting Attorney until a permanent ap- pointment be made.

" James Leeper rs. Hamilton J. Hamilton. Bill in Chancery. This day came the plaintiff by his attorney, and the Court, on hearing the petition read, Ordered, that the pendency of this petition be published in the Western Herald, printed in Steubenville, and that a subpoena is- sne directed to John Cox of Brooke County, Virginia, returnable at the next term, to be by him served on the defendant. Ordered, that the Court do now adjourn sine dic.

" CALVIN PEASE, President."

The next term of the Court was held on the 15th day of August, 1809, by Judge Pease, President, and Judges Latimer and Bair. At

County, was impaneled and William Nailor ap- pointed foreman, " and the jury having received the requisite documents retired to their room." A " traverse " jury that had been summoned appeared, but, there being no business for them, they were discharged. Several journal entries were made occupying the time of the Court one day, including the labors of the Grand Jury, who " came into court and made no present- ments." They returned an indictment in the case of the State of Ohio against George Stidger. indorsed " Not a True Bill."

S. King are all who appear as those of resident lawyers until after 1815.

The old Supreme Court of Ohio, who shall write its history and do it justice ? In prepar- ing historical sketches of a single county, the history of the old Supreme Court from its or- ganization would be out of place. So far as its labors in separate counties have become a part of the history of each county, a brief mention may be made.

On the adoption of the constitution of 1802, the Supreme Court of Ohio consisted of three Judges, the Legislature having the power to increase the number to four, two of whom were required to hold court in every county, once in each year, the court was required by law to divide the

26t

HISTORY OF STARK COUNTY.

State into two distriets, the eastern and western, and the Judges were assigned by agreement among themselves to the districts, which ar- rangement continued for many years and until the Judges made other arrangements relieving each other, the court being constantly in ses- sion in some portion of the State, until the or- ganization of the Supreme Court in bane, which was held at Columbus, by all the Judges. The twenty volumes of the Ohio Reports are the result of the faithful labors of that body as a court in banc and which have made Ohio the " Land of the Law." The Judges were elected for seven years. and from 1802 to 1851. almost a half century, the Supreme Court of Ohio not only commanded the respect of the bar of the State for the uniformity of its decisions, but of the neighboring States and the highest judicial tribunal in the land, the Supreme Court of the I'nited States. Over the expiring embers of the old Supreme Court of Ohio, in the year 1851, under the provisions of the new constitu- tion, the present Supreme Court came into ex- istence. and, while inadequate in point of num- bers to meet the needs and demands of the State, -has vindicated its industry in thirty-five well filled volumes of Ohio State Reports. Of the old Supreme Court but three of the JJudges yet remain ; the honored names of Collett, Mclean, Sherman, Pease. Burnett, Hitchcock. Wright, I Lane, Grimke, Birchard. Reed, Wood, Spakl- ing. Caldwell and Ranney, the last three of whom are the surviving members, will, with the names of those which may have been here overlooked. always grace the history of the Supreme Court of Ohio. and their memories ever be kindly cher- ished by the bar of the State. Most of the Judges above named have held court in this county and are well remembered by the older members of the bar who yet remain after forty years' practice. Among the early members of the bar. in addition to those already named, is Luther Blodgett, who went to Lawrence Co .. Ohio, where he continued to reside and practice until his death.

In 1816. in what was then a celebrated ease, that of Moses Gleason against Nathaniel Skin- ner, an action to recover damages for uttering and publishing certain malicious, false and slanderous words of and concerning the plain- tiff, was the first appearance of James W. La- throp. He was associated with Mr .. afterward. Judge Hallock. for the plaintiff'; for the defend-

ant, Wright and Goodenow. In this case the late Gen. Samuel Stokely, also of counsel for the defendant, made his maiden speech, having just been admitted to practice. The slanderous words were, " Moses Gleason is a thief, he stole my hay on the wild meadows." In those days the wild meadows in the northeastern part of Perry Township were resorted to for hay. They were Government lands, and people. especially "new comers" who had not been able to clear up their own land and raise food for their cat- tle in winter, relied on them. Mr. Skinner had cut and cocked up several tons of hay, some of which was taken, and he charged Gleason with the larceny. From the well known ability of the counsel employed. the case must have been most ably tried. In the list of witnesses ap- pear the names of Thomas A. Drayton, Aaron Chapman. Nathaniel Ray, Edward Nelson. Mat- thew Macy, Alexander Johnson, and many others whose names appear also among the pioneer settlers of Perry and Jackson Town- ships.

From 1816 to 1829, the bar of Stark County did not increase rapidly in numbers. As nearly as ean be ascertained, John Harris. Loomis & Metcalf, James W. Lathrop, AAlmon Sortwell. who died in 1810. David A. Starkweather, Sanders Van Rensselaer and Hiram Griswold composed the number, all of whom, except Mr. Griswold, have passed away. Messrs. Loomis & Metcalf graduated together from the same college, the Union College, of Sche- nectady, New York : selected law as a profes- sion, were admitted to practice at the same time, formed a partnership, and came to Can- ton. where they practiced as partners for many years, when Metcalf moved to Pittsburgh. and Loomis to New Lisbon, the partnership still continuing, the Ohio branch being under the control of Mr. Loomis, and the Pittsburgh branch managed by Mr. Metcalf. Mr. Loomis continued to practice in Stark County for many years, and when the late Gen. Samuel Lahm came to the county, he at once formed a partnership with Mr. Loomis, which lasted for several years, and until Mr. Loomis joined his life-long friend and partner in Pittsburgh. The firm of Loomis & Metcalf continued until dissolved by the death of Mr. Metcalf. Mr. Loomis continued in practice at Pittsburgh for many years, and finally removed to Cleveland. where he died a few years since. He was a

262

HISTORY OF STARK COUNTY.

₹

man of rare ability and learning, and com- sional studies at Canton, and located in Athens. Athens County, Ohio, returned to Canton, and formed a partnership with Mr. Starkweather which firm almost immediately took the lead in the business of the county. Mr. Jarvis was one of the most careful managers of the de- tails of the business of a law office that has ever been in the county, while Mr. Stark- weather, fond of his ease and a fox-hunt, woukd have Mr. Jarvis prepare the cases, and he, Mr. S., would try them. This firm lasted eleven years. until the spring of 1842, when the late Hon. Alexander Bierce became a member manded the respect of the bench and bar in all the eourts in which he practiced. including the Supreme Court of the United States. During his residence at New Lisbon. he was elected to Congress to fill an unexpired term, and after that election steadily refused all political pre- ferment. Mr. Van Rensselaer was of the family of that name in the State of New York, a gentleman of fine attainments. but did not re- main in the practice after 1829. Mr. Lathrop. whose name appears more prominently in the sketches of the State system of Common Schools, was prominent as a lawyer until Jan- of the partnership. its style being Stark- uary, 1828. when, as will be remembered, he , weather, Jarvis & Bieree. Mr. Bierce had been died at Columbus, during his term of service as Representative in the State Legislature.

In the year 1829. Hon. Hiram Griswold. above referred to. was admitted to practice at Bueyrus. in Crawford County. after the proper course of study with the late Hon. Van R. Humphrey, of Hudson, then in Portage County, now in Summit. On coming to Canton, Mr. Gris- wold at once took a prominent place at the bar, and largely enjoyed the confidence of the people of the county, from whom. had he remained in the county, he could have had any political pre- ferment from the county or Congressional Dis- trict. About the year 1852, he removed to Cleveland, where he was at once elected to the State Senate, but not feeling satisfied with his prospects there, removed, after a few years, to Leavenworth. During his residence in this county, lie was Reporter for the Supreme Court of Ohio six years, and came within one or two votes of being elected United States Senator, at the time of the late Senator Wade's first election to that body. During his long and active practice, he has always ably sustained himself.

About the time Mr. Griswold settled in Can- ton. Luther L. Foote, Esq., a young lawyer and scholarly gentleman, came to the then little village of Massillon, the ground plat of which, but three years before, was covered with the leafy honors of the forest, and opened an office. lle was a graduate of Yale. He, however, did not, nor could succeed as a law- yer, and left to seek " fresh fields and pastures new" in the Sunny South, since which time it is not known that he has been heard of by any- body in this county. In 1831. Gen. Dwight Jarvis, who had, in 1822, finished his profes-

in practice in Massillon near three years. when he was tendered an equal partnership in the old established firm, and continued a member until 1848, when the senior partners with- drew from practice, and a partnership was formed by Mr. Bierce and Hon. Anson Pease. of Massillon. which continued twenty-four years, when it was dissolved by the death of Mr. Bierce, of whom it may be well said, " he iras a lawyer." Few men who practiced in the courts of Ohio ever commanded more attention than did Alexander Bierce. He was a man of fine analytical mind, unyielding integrity. and a thorough .knowledge of the law ap- plicable to his cases, he was rarely overruled in the Supreme Court. as the reported cases in which he was of counsel fully show. The respeet entertained for him by his breth- ren of the bar was exhibited by one of the largest bar meetings ever held in the court house, at the time of his death, at which reso- lutions of a most complimentary character were passed, and spread in the journal of the court.

Among the members of the Stark County bar who have gone hence, none are remembered in more kindness than Hon. David A. Stark- weather. From the year 1827 to the last day of his residence in Stark County, near forty years, it can safely he said of him he never had an enemy. Always a Democrat of the straightest sect, the bitterness of parties in the heated canvass of 1828 and 1832, did not dis- turb his private friendships. On the occasion of his death, one of the city papers at Cleve- land contained the following notice. As it was written by a gentleman always politically op- posed to him, its magnanimity is but the more

HISTORY OF STARK COUNTY.

963

apparent. and the more appreciated by his sur- viving friends :

The Ilon. David A. Starkweather, father in law of the Hon. A. T. Brinsmade, died at the latter's resi- dence, No. 768 Custead Avenne. yesterday morning after having been entirely helpless for a year past from a paralytic stroke.

Mr. Starkweather formerly lived in Stark County, and was a gentleman long and well known through out the State, having been quite prominent in the profession of the law and in politics. For three successive terms he was a member of the State Legislature and also spent two terms in the State Senate, with honor to himself and to the satisfac tion of his constituents. He also represented the Stark County District in Congress for two terms. and while there greatly distinguished himself. One of the most notable of his services while there was his speech upon the Oregon Question, which brought out the warmest personal commendations from John Quincy Adams. He was selected by President Pierce in 1854, as Minister Plenipotentiary to Chili, and served there with the same distinguished honor noticed in other positions. He retired from the practice of the law some time since and has of late been residing with his daughter. The only children left by the deceased are Mrs. Brinsmade and Hamilton Starkweather, of Oregon. He leaves one brother in New York, and the late Judge Stark- weather was a cousin.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Stark County, with an outline sketch of Ohio, Part 44

Author: Perrin, William Henry, d. 1892? ed Publication date: 1881 Publisher: Chicago, Baskin & Battey Number of Pages: 1060

Author: Perrin, William Henry, d. 1892? ed
Publication date: 1881
Publisher: Chicago, Baskin & Battey
Number of Pages: 1060