History of Stark County, with an outline sketch of Ohio, Part 45

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 45

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In politics, the deceased was a Democrat. having been President of two State Democratic Conven tions, and in 1852, acting as President of the National Convention of the party.

Mr. Starkweather must have been admitted to the bar as early as 1825. when he opened an office in Mansfield. and practiced there with marked success. until he came to this county. which was his final residence. except the period of his illness at Cleveland. When the firm of Starkweather. Jarvis & Bierce was dissolved, Mr. Jarvis, who during his residence at Canton. had married Miss Frances l'pham. of Claremont. N. TI., removed to Massillon where he died February 14. 1863. aged sixty-six. During his residence at Massillon. he was elected Major General of the Sixth Division of Ohio Militia, having been Brigade Inspector with the rank of Major during the early days of Gen. John Augustine. He was a gentleman of decided military taste. in polities a Federalist and ardent admirer of Jay. Hamilton, and the Fed- oral leaders of Revolutionary times, and as earnest in his dislike of Jefferson and the Re- publican leaders, as they were called. As a lawyer he maintained a good reputation always. until age compelled him to seek that " Blest ro- tirement. friend of life's deeline. which with

numerous friends he enjoyed, always dispensing a generous hospitality at his elegant residence in the city.

Among other members of the bar of Stark County, whose names adorn her dockets and briefs through a period of nearly thirty years, and which will be found in the files as frequently as that of almost any one from 1835 to 1855. is that of the late Hon. Samuel Pease, who came to Massillon in Novem- ber. 1831. opened an ollice and succeeded. as a lawyer. a juris consult and pleader. As an advocate to a jury he never sought celebrity. In the social circle he had few equals and was fond of personal comfort. He died in 1867. at the age of 65. surviving his wife bnt a few years.

There was also among the old members of the bar, who took his place in the profession long prior to 1>40. the late Hon. James D. Brown, and also Gen. Samuel Lahm. Mr. Brown was from the State of New York, and Gen. Lahm from the State of Maryland. They were prominent in the profession, Mr. Brown having been frequently elected Prosecuting Attorney, as was Gen. Lahm, who also repre- sented this district in Congress, and the Sena torial District in the Ohio Senate, and the county in the House of Representatives. He was a man of untiring energy in everything he undertook. He left the bar and went to farming. owning many hundred broad acres between Canton and Massillon, which he culti- vated snecessfully. He died in May, 1876. at his residence in C'anton.

Mr. Brown was an industrious, earnest la- borer at the bar, and continued until just before or during the war of the rebellion, when he removed to Omaha, Nebraska, where he died on the Ist day of July, 1850, aged seventy years. He was a son-in-law of Hon. John llarris. The remains of both repose in Canton Cemetery. Harris & Brown had been a law firm in Canton for many years, and in active practice, and in the fitness of things their final resting place is near the scene of their strug gles and successes.

Of those who practiced in the courts of Stark county prior to 1-10. but one remains. either at the bar or on the bench. On looking around the bar at a term of court, none of the old familiar faces are to be seen. Not one !

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HISTORY OF STARK COUNTY.

" They are no longer here : they are all gone Into the land of shadows-all save one. Honor and reverence and the good repute That follows faithful service as its fruit Be unto him whom living we salute."

The reader of these sketches, acquainted with Hon. Seraphim Meyer. Judge of the Com- mon Pleas Court of Stark County, and ex officio Judge of the District Court of Ohio, need not be told that it is he to whom reference is made. In 1828, a few weeks after navigation was opened on the Ohio canal to Massillon. a family of immigraats from the Department of Upper Alsace, in the then Kingdom of France, arrived at the little village which was the southern terminus of internal navigation of the State : of that family Judge Meyer was a son. The family remained at Massillon, or rather at Kendall. for the two hamlets were not then, as now. one and indivisible, about twelve days. when they removed to Canton, where they have remained.

In 1838. Mr. Meyer was admitted to practice by the Supreme Court on the eireuit at Spring- field. in the county of Clark, and at once opened an office in Canton. Being master of the Ger- man and French languages, as well as a fine belles lettres scholar, and an intensely close student, he has attained a standing at the bar as a lawyer and on the bench as a judge that commands the respect of the district embracing the counties of Stark, Carroll and Columbiana, Portage, Trumbull and Mahoning, and Lake, Geauga and Ashtabula, to all of which counties, as a District Judge, his official duties call him. During his practice at the bar, he was a member of the firms of Dunbar & Meyer, Brown & Meyer, and Meyer & Manderson. On the breaking-out of the war of the rebellion. Judge Meyer's two sons did not wait to be called on for the military service of the country ; they volunteered immediately, and remamed in the service until the close of the war, when they returned, bearing upon their persons evidence of their courage in the shape of honorable sears, the result of wounds received in many well-fought battles. One son, Gen. E. S. Meyer, has been remembered by President Garfield. in the appointment of Attorney for the Northern District of Ohio, and the other is the senior partner in the well-known law firm of Meyer & Piero, at Canton. For their distinguished serv- ices to the country, they will ever be gratefully

remembered. When the One Hundred and Seventh Regiment of Ohio Volunteer Infantry was raised, Judge Meyer. then Prosecuting Attorney of Stark County, resigned, and ac- cepted the command of the regiment. and its history from the day it marched from Camp Cleveland to the day it was mustered out of the service, July 10. 1865, attests its bravery and its service to the country, especially at Chan- cellorsville and Gettysburg. He who would learn its history, almost written in the blood of the gallant men of whom it was composed, should read "Ohio in the War." No Ohio regiment furnishes a more terrible record of its slaughter, or one of more distinguished gal- lantry. Col. Meyer, after severe sickness and suffering, was compelled to resign on the 8th of February, 1864, and returned to his home in Canton, and was for a long time unfit even for the lightest labors in his profession. On re- gaining sufficient health and strength. he resumed practice, formed a partnership with Gen. C. F. Manderson, and at the dissolution of which, engaged with his son. C. T. Meyer, Esq .. which continued until he assumed the duties of the judgeship, in January, 1877.

In 1839, Hon. H. B. Hurlbut, then a young gen- tleman just entered the profession, came to Mas- illon from Cleveland, and opened an office. Act- ive and energetic, he soon acquired a paying business, and " gathered gear." After Judge Underhill came to the bar, Messrs. Hurlbut & Underhill formed a partnership. After the disso- lution of which, about the year 1845, Hon. D. K. Cartter removed to Massillon from Akron, and there was a partnership formed immediately between him and Mr. Hurlbut, by the style of Cartter & Hurlbut, which lasted until Mr. Cart- ter was elected to Congress, this district being then composed of Stark and Wayne Counties, and that partnership was dissolved. Mean- while, Hon. Arvine (. Wales, " a native of Stark County, and to the manner born." was admitted to practice with the most flattering prospects, and a partnership was formed by the style of Hurlbut & Wales. Mr. Hurlbut, who had con- tinued to " gather gear," had gone into banking largely with the late Dr. Isaac Steese, Joseph J. Brooks and Sebastian Brainerd, Esqs., of Massillon, all of whom have passed "into the land of shadows," and he withdrew from prac- tice and removed to Cleveland, where he has since been engaged in banking and railroad en-

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IHISTORY OF STARK COUNTY.

terprises with the habitual success that has al- ways attended his efforts. Judge Cartter is Chief Justice of the Supreme Court of the District of Columbia, being appointed thereto by Pres- ident Lincoln twenty years since.

Judge C'artter came to Stark County a Dem- ocrat ; as such was elected and re-elected to Congress ; when his Congressional terms ex- pired, he returned to his constitueney without any political affiliations that placed him in unity with either Whigs or Democrats. On the form- ation of the Republican party, he became an active member. Having, meanwhile, removed to Cleveland. he was appointed a delegate to the Chicago Convention, and claims the honor of President Lincoln's nomination by that body. Mr. Wales resides at his Spring Hill farm. just outside of the city limits of Massillon, a scien- tific and practical farmer ; is President of the Stark County Agricultural Society, and an active member of the State Board of Agriculture. He always has a generous welcome for all who call on him. In public life, he has served the peo- ple of this Senatorial district-the Twenty-first, composed of Stark and Carroll Counties-for the unexpired term of Gen. B. F. Potts, ap- pointed Governor of Montana Territory, and the full succeeding term.

Among the lawyers of Stark County, of fifty years since, was William Bryce. Esq. In 1826, he was a stone-eutter, and eut much of the stone work of the " Fulton Lock," on the Ohio Canal. lle coneluded, on finishing his job. that he could do better as a special pleader than in eutting stone on the publie works, and entered an office in Canton as a student. He put in many years of close study. but finally succeed- ed in reaching the goal of his ambition, which was his admission to the courts of Ohio as an attorney and counselor at law and solicitor in chancery. Ilis brief's were " few and far be- tween." He tried polities and was elected Re- corder of the County for one term, which ended his official labors, His last appearance in court was as plaintiff to seeure compensation or commissions for having been employed to sell patent steam ganges. He has been dead many years.

Among the members of the bar forty-five years ago, should be mentioned Elijah P. Grant, a most accomplished lawyer and scholar, a pro- found thinker and believer in a re-organization of society, by which great and lasting benefits

should accrue to mankind. In the pursuit of his theory, based upon the doctrines of Fourier and other socialists, he expended a fortune and many years of valuable time, and died in the city of Canton a few years since. He was a gentleman of many genial qualities, and will always be kindly remembered. Among the lawyers of the Stark County bar. prior to 1816. was Benjamin F. Leiter. During his practice. he was of the firms of Belden & Leiter, Leiter & Pool and Leiter & Treat. and at one time with Edward L. Carney. Esq .; was editor of the Stark County Democrat. Mr. Leiter came to Canton from the State of Maryland. before the organization of union schools, and taught school in the winter ; worked as a common la- borer in the summer : was elected a Justice of the Peace : got some ideas of law, and studied with Gen. Samuel Lahm : was elected to the Senate and House of Representatives of Ohio. and was Speaker of both branches. In 185t and 1856, he was elected to Congress, as a member of the American party or K. N.'s. On the breaking-out of the war, he entered into the Union cause with energy ; had two sons in the army, one of whom was killed in battle, the other making an honorable record. Mr. Leiter died a few years ago at his residence in Canton. On the breaking-out of the war, Mr. Treat at once went into the service, since which he has not returned to Canton, nor is it known what became of him. Mr. Pool removed to Cleve- land, and went into the army. and now resides in New York City, and is engaged in banking.

Of the older members of the bar who com- meneed their professional life in this county next to Judge Meyer, are Hon. Louis Schaefer. of Canton, and Robert HI. Folger, of Massillon. They were examined and admitted together on the 1st day of March, 1842. at New Lisbon. by- the Supreme Court, then on the circuit, Lane and Wood, JJ. J., holding the term. Mr. Schae- fer was born on the 25th of December, 1815. in Arrondissement of Sarragusmines, Department de la Mosselle. now the Republic of France, ar- rived in the city of Philadelphia June 7, 1830. in Stark County September following ; has lived in Canton since 1831. Commenced the study of the law with Griswold & Grant, March, 1810. the two years of study required by law having ex- pired on the day he was admitted. Mr. Folger was born in Chester Co .. Penn., on the IlthofJan- uary, 1812, and came to Kendal, now the Fourth

HISTORY OF STARK COUNTY.

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Ward of the city of Massillon, with his parents in 1813, and lived there until February 4, 1828, when the family removed to Massillon where he has resided ever since, and should be and Mr. Schaefer be favored to keep within " this mor- tal coil" until March 1, 1882, they will have been at the bar of Stark County and in practice forty years. Mr. Folger commenced his pro- fessional studies in the office of Samnel Pease, where he remained until November, 1841, when he went into the office of Gen. Dwight Jarvis, and completed his studies. Next in the order of time is llon. James W. Underhill, admit- ted near the close of the year 1842, and went into practice at Massillon where he remained until elected Probate Judge, which he held by re-election four terms, having first served one term in the House of Representatives of the State Legislature. lle was a member of several partnerships in addition to the firm of Hurlbut « Underhill ; during his residence in Massillon he was of the firm of Folger & Underhill, and from the Probate Judgeship, has been in part- nership with John Lahm. Esq. Being much engaged in railroad building, he is devoting little time to the law. Among the young men who came to the bar in the carly forties and opened offices in Massillon, were F. M. Keith, from Lorain County, who came in 1840 and formed a partnership with Hon. S. Pease, and the firm, while it lasted. enjoyed a successful practice ; George Miller, a son of Hon. Jacob Miller. Associate Judge ; Leavitt L. Bowen and David M. Bradshaw. On the dissolution of the

Bradshaw and Wales formed a partnership which was dissolved by the death of Mr. Bradshaw in 1852. Mr. Keith removed to White Cloud, Kan., before the war and on the breaking-out of hostilities, entered the service and rose to the rank of Colonel ; at the close of the war he re- turned to his practice in Doniphan Co., Kan.

Among the gentlemen of the bar in Stark County, against whose names the - fatal aster- isk of death is set," is that of Hon. William K. Upham. Mr. Upham was a native of Vermont, a son of Senator Upham, and came to New Lisbon about the year 1843. and after practic- ing law there several years,, removed to Can- ton ; he was a distinguished lawyer, distin- guished in all that is included in the term. As is now recollected, he died in 1867, while at- tending court in Mahoning County. Out of re- spect for his memory, the bar of Stark County erected a beautiful marble monument over his remains in Canton Cemetery.

Mr. Bowen, on his dissolving with Mr. Brad- few years' residence there went to Denver, Colo., I in its early days, where, with him, "life's fitful fever " ended.

Keith & Underhill, and since his retirement | shaw. went first to Omaha, Neb., and after a

Another lawyer who, in a comparatively early day. was a member of the Stark County bar, was Col. Lyman Humphrey. a resident first of Deerfield, whence he removed to Marlborough, studied with Hon. H. Griswold, and had he . commenced early in life, would have succeeded in the profession as he was above what is termed the average man, intellectually, and by educa- tion. His son, Hon. Lyman U. Humphrey, on firm of Pease & Keith. Keith and Miller at once ' the 1st of January, 1881, closed his second term formed a partnership and remained together as Lieutenant Governor of Kansas, and is now engaged in a successful law practice in that State. After the war, in which he bore a conspicuous and honorable part, he went West ; the respect entertained for him by the citizens of his native county is kindly and affectionately reciprocated. A later addition to the death roll of Stark County lawyers is found in the names of Horace P. Dunbar, Esq .. of Canton, and James Harsh, Esq., of Massillon. Mr. Dunbar studied and was admitted at Canton, where he opened au office, and continued in practice until 1861, when he surrendered to the " King of Terrors." Mr. Dunbar was one of the most agreeable gen- tłemen at the bar, of a high sense of honor in practice ; he will, for his urbanity and agreeable, social intercourse, be remembered as a gentle- until the death of Judge Miller compelled a dissolution to enable Mr. Miller to look after the estate. Mr. Miller was a young gentleman of ulucation, a graduate of Jefferson College Penn., and excellent native ability, and could he have lived and devoted his time to the law, would have taken a high rank in the profession : he served one term in the Legislature and died. suddenly, in 1850. at the age of thirty-five. On the dissolution of the firm of Keith & Miller, a partnership was formed by Messrs. Keith & Bowen. but the changes were so rapid that it is not certain how long this firm lasted. When Mr. Bradshaw came to Massillon, he and Bowen formed a partnership by the style of Bradshaw & Bowen. On the dissolution of which Messrs.

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man with whom it was pleasant to be associated. Mr. Harsh was a native of Massillon, studied his profession in Findlay, Hancock Co., where he married Miss O'Neill and became a member of the firm of O Neill. Blackford & Harsh. Af- ter remaining at Findlay a few years after ad- mission to the bar, he came to his old home to engage in practice. He had been subject to hemorrhage of the lungs which was increased while in the army. where he served as Captain, and death followed a sudden attack in 1870. He was about forty years of age at his death, and gave promise of great usefulness as a lawyer. lle was an only son of llon. George Harsh, of Massillon.

In 1841, Hon. Anson Pease, who had studied with R. II. Folger most of the time required by law. received his certificate of admission to the bar and at once opened an office at Massillon, where he has remained in active practice. For twenty-four out of the thirty-seven years that have elapsed since he commenced as an attorney and counselor at law, he was a part- ner of the firm of Bierce & Pease, then of Pease & Rieks, and now Pease & Baldwin. Mr. Pease was a member of the Constitutional Convention of 1874, serving on important com- mittees in that body, and commanding the re- spect of the members. In 1847, John Lahm, Esq. now a resident of Canton. took his place among the lawyers of the county, and has faithfully kept it through the third of a century that has sinee elapsed, commanding the respect of the court and his brethren as well as the confidence of his clients. Three years of the time since Mr. Lahum came to the bar. he served as Clerk of the courts, to the entire acceptance of the bench and bar, all of whom entertain most pleasant recollections, not only of his urbane and gentlemanly deportment, but of the skill and ability with which he discharged the duties of the office.

In 1851. Hon. Joseph Frease, who had lived in the county from boyhood, came from Sugar Creek Township, to the bar. having studied. as is now remembered. with llon. Hiram Griswold. In a few years he was elected Prosecuting At- torney. After serving one term in that posi- tion. he was elected and re-elected Common Pleas Judge, and was succeeded at the annual election in 1876, by Hon. S. Meyer, the present incumbent. Excepting the time Judge Frease was on the bench. he has enjoyed an active

practice and in his official, professional and personal relations, has always commanded the esteem and confidence of the community. As a Judge, he was over courteous and conserva- tive, and the records of the superior judicial tribunals of Ohio, will show as few reversals of his decisions as of any judge who has filled that position. He is now in active practice, the sen- ior member of the firm of Frease & Case. Anoth- e prominent member of the bar during his residence in this county, was Hon. William Dunbar, who practiced successfully in the courts of the State. A portion of the time during his residence in this county. he was senior member of the firm of Dunbar & Meyer, after the dissolution of which firm he removed to Mount Vernon. Knox Co., Ohio. He came to the bar about 1813.

About the same time Hon. Thomas Goodman. now a respected citizen of Chicago, was ad- mitted to practice but paid little attention to the law. Fire Insurance being a subject to which he had devoted much careful study. he sought a wider field in which to labor and has met with success. Among the Judges of the Ninth Judicial District who have honored Stark County Common Pleas and District Courts by their presence, the names of Hon. Messrs. Day, Hitchcock, Belden, Conant, Hoffman. Tuttle, Taylor, the two brothers, Horace and Eli T. Wilder, Potter. Chaffee. Church, Woodbury, Canfield. Ambler, Clark, Laubie, Lee. Frease. Meyer. Arren, Sherman. Spear, will ever be held in kind remembrance by the brethren of the bar of Stark County, who in triumph or defeat have appeared before them. Among the early transcripts from Justices dockets on file in the Court of Common Pleas, is one of which the following is an extract. " This day came the said parties. and the defendant being unruly and noisy, was by the court ordered into silence, when he replied. profanely taking the name of God in vain, whereupon he was by the court ordered into the custody of the Constable, and becoming more noisy and profane. he was fined 25 cents, and on his swearing by the sec- ond person in the Trinity, was by the court fined 50 cents, whereupon he God damd all the Constables in the township of Sugar ('rock, and was by the court fined 75 cents, when he he- came so disorderly as to God dam all the Jus- tices of the Peace in the township, and this court in particular, for which he was fined $1.

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making a total sum of $2.25, and on refusing to pay the same, execution was issued therefor which was delivered to the Constable, who re- turned the same in due time unsatisfied. for want of goods and chattels whereon to levy. It is 'surmised,' however, that the defendant has lands and tenements subject to levy and sale on execution." In those days and under an entry stating that it was suggested that the defendant had lands and tenements subject to levy and sale on execution. the Common Pleas was authorized to issue a cire Facias, and bring the defendant into court, and if he was not found on the issuing of the first, a second one was issued, and if returned "nihil " the plaintiff was entitled to an execntion for the Justices judgment and costs.

On another occasion. the writer, in the course of his practice, had occasion to meet Mr. James B. Craig, then a young gentleman, just admitted, before the same justice, and when it was common to classify actions under the nomenclature of the English Common Law, such as assumpsit. debt and covenant. This was known as an indebitatus assumpsit, for goods sold and delivered. The plaintiff made out his case and rested, when Mr. Craig, now Gen. Craig, of Missouri, on the part of the de- fendant. moved for a nonsuit, and argned his mo- tion at length ; the plaintiff's counsel followed. and Mr. Craig elosed the argument, where- upon the Justice decided the motion " thusly :" " Well, gentlemen, you have argued this motion with tact, wit, ingenuity and pathos, but the motion is overruled. If the defendant has any proof, let's have it." On Mr. Craig saying he had no proof to offer, the Justice at once ren- dered judgment for the plaintiff, saying he thought there had been a d-d sight of fooling over it, and that it was abont time to stop it. The case was tried in Tuscarawas County, to which the Justice had removed. Mr. Craig shortly afterward removed to Missouri, has been a member of Congress, and during the war rose to the rank of Brigadier General ; he was a man of more than ordinary force of character.

The township of Sugar Creek is entitled to honorable mention for having furnished a mem- ber of the Stark County bar, who. although he seldom appeared in the higher courts, was nevertheless a gentleman of much force of character, and commanded respect. Reference .

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History of Stark County, with an outline sketch of Ohio, Part 45

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