USA > Ohio > Union County > History of Union County, Ohio; its people, industries and institutions > Part 15
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Dr. Winthrop Chandler, the first physician ever practicing in Liberty township, was a native of Vermont, who emigrated to Ohio and settled in Union township in 1818. He married and settled in Mill Creek township in 1826. and there practiced medicine successfully. In 1846 he removed to Illinois in which state he died. He was a very peculiar man, and it is told of him that when ever there was any physical exertion necessary he "was not around." He was known as the laziest man in all the community. He always kept a lot of old broken-down horses about his stables, which he never groomed or half fed. The result was that frequently these poor beasts would get down and were too poor and weak to get on their feet alone. In order not to have to help lift them up, he arranged a system of pulleys, by which he might the more easily raise the animals. However, he was known as a first rate physician and skillful surgeon. He was a regular graduate and a scientific physician, but woefully lazy.
Another physician of Liberty township was Dr. J. Q. Southard. of Raymond. He was reared on his father's farm and when eighteen years of age commenced teaching school, following this four years. In 1851 he began the study of medicine. He attended a medical college at Cleveland, graduating in March, 1855. He then located at Frazeysburg. and in 1857 established himself at Newton ( now Raymond), Ohio, where he practiced medicine for many years with marked success. In 1895 he moved to Marys- ville, where he died in 1898.
Dr. David Welch was well advanced in years when he settled at Essex, Jackson township. He practiced there fifteen years and then retired.
In 1848 Dr. S. E. Williams located in the village of Essex, and was there many years.
Drs. Virgil Anderson and J. C. Corruthers practiced in the county a short time.
Dr. P. W. Lee practiced in the county about two years during the Civil War.
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Drs. C. J. Skidmore and Williams were successful practitioners in Essex for many years.
Dr. Samuel E. Williams was born in 1823, in Licking county, Ohio. In 1846, after receiving a good English education, he entered a five months' course at the Cleveland Medical College, graduating the March following. He then practiced at Hartford, Licking county, Ohio; practiced at various places, and finally settled in this county at Essex.
Dr. Andrew J. Richardson was born in 1829, in New York. His father was a soldier in the War of 1812. He came with his family to Summit county, Ohio, where they lived five years, coming to York township. Union county, in 1855. He was reared on a farm and obtained a common school education. In 1867 and 1868 he attended Starling Medical College five months, and later took more lectures there. He graduated in 1869. How- ever, five years before this he had studied and practiced medicine. He located at Somerville. York township, where he soon had a paying and suc- cessful practice.
In Claibourne township. Dr. John P. Brookins was one of the leading early citizens in Richwood. He was born at Shippensburg. Pennsylvania. in 1801, and emigrated to Ohio, first settling at Mount Vernon for the practice of his profession. He was induced to locate in Richwood. and erected the first cabin in the village. It stood on lot No. 97, at the southwest corner of Franklin and Ottway streets, where Miller's store afterwards stood. The first sad event in the little village was the burning of his little daughter, Mary Jane, a promising child, in August. 1833. While playing near a burning log heap in the street. her clothes took fire and she was so badly burned that death ensued the following day. The first birth and first marriage also occurred in the doctor's family. The bride was Jane Coffee, a niece of the doctor.
Doctor Brookins was a very small, spare man, but very jovial. He al- ways had a good story to tell and kept a crowd in an uproar. He was a justice of the peace many years and also postmaster. He was the first physi- cian in Claibourne township and continued until 1847. when he removed to Eaton. Ohio, where he died in 1878.
Following Dr. Brookins came to Richwood. Dr. J. N. Ross from Zanes- ville in 1840, and practiced until his death in 1869.
Dr. Benjamin F. McMillen came in from Licking county in 1847. and remained in practice until 1867. He then moved to Mahaska county. Iowa.
About the same date came Doctor Atwood who only stopped a short time. Dr. II. O. S. Heistand removed to Richwood from Mansfield about 1852, and practiced until his death a few years later. Aaron Irwin read
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medicine under his instructions, and fell heir to his medical practice. Irwin died in the profession.
Dr. White located here at the close of his service in the Civil War, prac- ticed a few years and moved to Pickaway county.
Dr. Stephenson came from Westerville about 1867, but soon removed to Springfield.
Dr. T. C. Owen settled at Richwood in the late seventies or early eighties. and was a very successful practitioner.
Other doctors in the county have been I. N. Hamilton (died 1893), Randall. Thomas Mather, Miller, Harris, and Leach, a homeopath. Dr. R. D. Connell was the first of the last named school to locate in Richwood. He came in 1873 from Mansfield, but in 1879 moved to Columbus, where he died.
Among former physicians of Richwood may be mentioned E. Y. King. P. H. Bauer, W. B. Duke. R. W. Connell, B. I. Barbee and B. P. Hall. Dr. King located in Richwood in 1866; Doctor Bauer in 1871; Doctor Hall in 1882: Doctor Duke in 1875: Doctor Connell in 1877 and Doctor Barbee in 1880.
Dr. Hiram Myers was the first practicing physician in Byhalia. He opened an office there about 1852 and practiced a dozen or more years.
Dr. William Breese succeeded Doctor Myers, but only remained a short time. Drs. Gustavius Skidmore, Emanuel Whittaker, B. A. Martin and George Martin practiced in Byhalia for many years at different times. George Miller located at Byhalia in 1875. He was a graduate of the Cincin- nati College of Medicine.
In Taylor township. Dr. J. B. Taylor, of Broadway, was born in Dela- ware county. Ohio, in 1847. His mother died when he was but four years of age and he was thrown out on his own resources at a tender age. He lived with several families until eleven years old and then worked for his board and clothes in a good family. He ran away and enlisted in the Union cause in Civil War as a member of Company G. Eighty-eighth Ohio Volun- teer Infantry. After the war he went to school one winter while residing with his father. He decided to become a doctor and, being without means. he did office work for his tuition. He finally began practice in Marion county, Ohio, coming from there to this county. He graduated in 1881, and made a successful physician. For many years he practiced at Marion, Ohio.
Of the physicians in Jerome township may be named Doctors Converse, Asberry, Holland, John E. Herriott. P. F. Beverly, Henry, Bargar and Kirbey.
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At New California, the first physician was Dr. Culver. Other physi- cians here were Milo Lawrence, Thomas J. Haynes, James Cutler, B. F. Mc- Glade, J. S. Howland, Doctor Merriman and Doctor Vigor, the latter still practicing. Doctor Cutler became a banker and so continued until his death in 1912.
NIEDICAL ASSOCIATIONS AND SOCIETIES.
In common with other Ohio counties, Union has had its share of medical societies, under one name or another. The first of these was organized at what was once known as Magnet City, now called Magnetic Springs, in July, 1881. There were present in attendance upon that occasion Drs. E. Y. King. S. E. Williams, H. McFadden, G. K. Skidmore, S. S. Skidmore, S. S. Drake, R. A. Gray, P. H. Bauer and Doctor Gerseline, of Radnor. The first presi- dent elected for the Union County Medical Association was Dr. E. Y. King. The other officers were as follows: Treasurer, Dr. S. S. Skidmore; secre- tary, Dr. P. H. Bauer. Upon motion, the association adopted the code of ethics of the American Medical Association. The object of the organization was set forth as follows: "The object of the members of this society, both in their individual capacity and their associated efforts as members of this society, shall be the association of the profession for the purposes of mutual recognition and fellowship, and the maintenance of union, harmony and good government among its members; thereby promoting the character, interest, honor and usefulness of the profession, the cultivation and advancement of medical science among its members, and the elevation of the standard of medical education."
Candidates for membership had to present satisfactory evidence of qualification or be submitted to a rigid examination, and were elected to mem- bership by ballot by two-thirds vote of the members present. The present officers are as follows: President, Dr. A. B. Swisher ; secretary, Dr. Angus MacIvor; executive committee, Doctors Mills, Southard and Thompson, the latter of Raymond.
From the records of the above association, it is shown that the following physicians in the county have been among the members :
E. Y. King, a native of Pennsylvania, graduated at Bellevue Hospital College. New York, in 1864; began practice in 1859.
Andrew Sabine, a native of Ohio, graduate of Jefferson Medical College, Philadelphia, in 1856; saw active service in the army during the Civil War; died at Garden City, Kansas, about 1910.
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S. S. Drake, a native of Ohio, graduate of Columbus Medical College, of Columbus, Ohio, in 1877.
S. S. Skidmore, a native of Ohio; graduate of Cleveland Medical Col- lege, in 1869.
P. H. Bauer, a native of Germany, graduate of Miami Medical College, Cincinnati, in 1871. He died about 1885.
F. A. Vigor, a native of New York ; graduate of Columbus Medical Col- lege in 1879. After practicing at New Dover, he died in the nineties.
S. E. Williams, no record of graduation given.
I. N. Hamilton, a native of Ohio, graduate of Starling Medical College, Columbus, in 1862. He died in the nineties.
G. J. Skidmore, a native of Ohio, graduate of Miami Medical College, Cincinnati. in 1868.
H. McFadden, a native of Ohio, graduate of Ohio Medical College, Cin- . cinnati, in 1862. He died about 1909.
J. Q. Southard, born in Ohio in 1829, graduated at Cleveland in 1855; died September 18. 1908.
A. J. Richardson, a native of New York, graduate of Starling Medical College, Columbus, in 1868; deceased.
B. P. Hall, a native of Ohio, graduate of Starling Medical College, Col- umbus, in 1882.
R. C. Richey, a native of Ohio, graduate of Columbus Medical College in 1882. He now practices at Jerome.
D. W. Henderson, a native of Pennsylvania, graduate of Starling Med- ical College, Columbus, in 1852.
William McIntire, a native of Pennsylvania, graduate of Starling Med- ical College, Columbus, in 1849.
R. H. Graham, a native of Yellow Springs, Ohio, graduate of Columbus Medical College in 1879. Died in 1906 at Washington, D. C.
N. P. Davidson, a native of Ohio, graduate of Columbus Medical Col- lege in 1882.
A. J. Pounds, a native of Delaware, graduated at Columbus Medical College in 1881. After fifteen years at Watkins, he moved to Delaware, Ohio.
Charles McCune, a native of Ohio: graduate of College of Physicians and Surgeons, Baltimore, Maryland, in 1878: practiced at Unionville Center, and died in 1912.
J. B. Taylor, a native of Ohio, graduated at Columbus Medical College in 1881.
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A. Boylan, a native of Pennsylvania, graduate of University of Mich- igan, 1861.
J. S. Howland, a native of Brown county, Ohio, began to practice in 1876.
Dr. Graily Henderson, son of the pioneer doctor David D. Henderson, now deceased, at the date of the Spanish-American War, not being permitted to enter the service as a soldier on account of a disability, sent the following notice to the mayor of Marysville :
"Mayor F. A. Thompson, Dear sir: Not being able to attend your meet- ing Tuesday night last, I herewith adopt this mode of notifying you, as presi- dent of the committee, that I willingly and gladly offer my services as a physician and surgeon, as well as any strict attention in cases of sickness to all the families whose husbands who have gone at their country's call, and who are the moral and physical support of the same. To these my services are free of charge and as the government did not see fit to to enlist me on account of physical debility, I adopt this plan of doing what little I can for our nation's honor and Old Glory !
"Respectfully submitted, "GRAILY HENDERSON. "Marysville, May 28, 1898."
Among other physicians of Marysville may be mentioned the following : Dr. A. H. Raudabaugh, who came to Marysville about 1885, practiced in the Keeley Institute of which he was manager. When that institution went to Columbus he and his son George moved there and went into private practice. Both have died in recent years. Dr. W. F. White came to Marysville in 1880, practiced in the homeopathic school; died here in 1914. He was also connected with the Keeley Institute. Dr. John Wood practiced in Marys- ville, where he was reared : graduated at Starling Medical College about 1894; (lied here about 1900. Dr. Klotch practiced in Marysville along in the eighties : moved to Philadelphia, Pennsylvania, where he still practices. Dr. Lisle came to Marysville with Dr. Raudabaugh and remained only a short time. Dr. W. C. Gates, a celebrated surgeon, was connected with the sanitar- ium five years and moved to Bucyrus, Ohio, where he is still a surgeon in a hospital. He was the best surgeon this county ever had. Dr. Carpenter was at Marysville in the eighties, but soon removed. Dr. Hoyt and wife. homeopaths, practiced at Marysville in the eighties. Dr. Smith, who was at Pottersburg many years, died in 1912.
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UNION COUNTY PHYSICIANS IN 1915.
Marysville physicians : C. D. Mills, A. B. Swisher, P. B. Longbrake, L. Henderson, Carl Hoopes, Angus MacIvor, Henry G. Southard, B. V. Buff- ington, and Will Goff : Milford Center : A. Boylan, J. L. Boylan, Dr. Wills, Dr. Baker; Irwin: Dr. Burns: Jerome: Dr. Richey: New California: Dr. Vigor ; Magnetic Springs: Dr. Conrad. Dr. E. T. Sager: Broadway : Dr. Jenkins: Pharisburg : Dr. Shoemaker; Byhalia: Dr. Miller; York: Dr. C. Thompson ; Raymond : Dr. Charles Thompson.
CHAPTER XII.
THE BENCH AND BAR OF THE COUNTY.
No other class of men are more useful to the civilized portions of the earth than the well-trained and honorable lawyer. Men differ in the man- ner of looking at questions and are more or less warped by reason of selfish interests, hence we must have laws by which men may secure their rights in the commercial world as well as in the rights of person. The entire uni- verse is really controlled by law and just as there is need of natural laws to sustain the things of the material world, just so certain must men be held in check by man-made laws. It is the province of lawyers to interpret these laws that peace and contentment may be among disorderly men. Almost all statesmen have been lawyers, and well it is, for they, having made the science of law a study, are best calculated to dispense it to the people. In a good government the attorney is as much in place and as valuable to the community as he who takes up any other science or profession. whether it be medicine, mechanics or theology.
Coming down to our day .and generation, we look back at the record made by some of the old lawyers and we think they lacked in learning. This may be true, but no more so than in any other profession. As a rule the early lawyers here were men of sterling qualities and what they lacked in book learning from digests and libraries they made up by possessing sound. unbiased judgments and honor as between man and man.
VARIOUS COURTS.
The earliest judicial government for the territory, of which Ohio was a part, was vested in a general court composed of three judges, provided by the ordinance of 1787. The first judges were Samuel Holden Parsons, James Mitchell Varnum and John Cleves Symmes, the latter being appointed in place of John Armstrong, who declined to serve. They were to adopt only such portions of laws of the original states as were deemed suitable to the condition and wants of the people and were not empowered to originate new laws.
In the autumn of 1787 Governor St. Clair and Judges Varnum and
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Parsons met at Marietta and began the duty of legislating for the territory. continuing in session until December. Contrary to the provisions of the ordinance, they enacted a number of laws on different subjects and sub- mitted them to Congress as required. That body, however, did not approve them, from their manifest illegality under the terms of the ordinance. After the assembling of Congress in 1789. under the new constitution, the appoint- ments made under the articles of confederation being deemed to have ex- pired, the following new judges were appointed for the Northwest territory; Samuel Holden Parsons. John Cleves Symmes and William Barton. The Itter declined to serve and George Turner was appointed to fill the va- cancy. Judge Parsons soon afterward died. and in March, 1790. Rufus Putnam was appointed to fill a vacancy caused by his death. Putnam re- signed in 1796 to enable him to accept the office of surveyor-general, and Joseph Gilman, of Point Harmar, was chosen to fill the vacancy. Judge Tur- ner left the territory in the spring of 1796, and during his absence resigned his seat on the bench, which was filled by the appointment of Return Jona- than Meigs in February, 1798. The judges then in commission continued to hold their seats until the state was admitted to the Union in 1803.
Between 1790 and 1795 numerous acts were passed which did not re- ceive the sanction of Congress, as they were enacted rather than adopted, and finally in the summer of 1795, at a legislative session held at Cincin- nati, a code of laws was adopted from the statutes of the original states, which superseded the chief part of those previously enacted, which had re- mained in force in the territory, regardless of their doubtful constitutional- ity. This code of laws as adopted was printed at Cincinnati in 1795 by William Maxwell, and became known as the Maxwell code: that was the first job of printing executed in the Northwest territory. But very little change was made therefrom until the first session of the General Assembly. held under the second grade of government. September 16, 1799.
"The Ordinance and the Compact." says Judge Burnet. "which was the constitution of the territory, contained but little specific legislation. It pre- scribed the rule of descents : the mode of transferring real estate by deed of lease and release, and of devising or bequeathing it by will. It regulated the right of dower, and authorized the transfer of personal property by deliv- ery ; saving always to the French and Canadian inhabitants and other set- tlers who had before professed themselves citizens of Virginia, their laws and customs then in force among them, relative to the descent and convey- ance of property. In addition to these provisions, the compact ordained that no person demeaning himself in a peaceable manner should be molested on
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account of his mode of worship or religious opinions. It also secured to the inhabitants forever the benefit of the habeas corpus, of trial by jury, of a proportionate representation of the people in the legislature, and of judicial proceedings, according to the course of the common law."
The courts of common law in the territory assumed chancery powers as a necessity. as there was no tribunal in said territory vested with such powers. Several necessary laws were passed at the first session of the Terri- torial Legislature at Cincinnati, but matters regarding courts and their pow- ers were not satisfactorily settled until the adoption of the first state con- stitution in 1802. The general court provided for by the ordinance of 1787 consisted, as before stated, of three judges, "appointed by the President, with the advice and consent of the Senate," each of whom received a salary of eight hundred dollars from the treasury of the United States. It was the highest judicial tribunal in the territory, and was vested with original and appellate jurisdiction in all civil and criminal cases. and of capital cases ; on questions of divorce and alimony its jurisdiction was exclusive. It was, however, a common-law court merely, without chancery powers, and it was the court of dernier resort. It had power to revise and reverse the deci- sions of all other tribunals in the territory, yet its own proceedings could not be reversed or set aside, even by the supreme court of the United States. It was held in Cincinnati in March, at Marietta in October, at Detroit and in the western counties at such time in each year as the judges saw proper to designate.
The travels of the judges and members of the bar in those early years, to and from the places of holding courts-Cincinnati, Marietta and Detroit- were attended with difficulties of the most serious nature. The distances were always great. settlements were scarce and the way was rough. Their journeys were made on horseback, and it was exceedingly necessary that the horses they rode should be good swimmers, for it was in the days before bridges had been thought of, and the best fording places along the numerous streams were sought out by the tired travelers. Judge Burnet, who knew from experience all the trials of the times, wrote of them as follows :
"The journeys of the court and bar to those remote places, through a country in its primitive state, were unavoidably attended with fatigue and exposure. They generally traveled with five or six in company, and with a pack-horse to transport such necessaries as their own horses could not con- veniently carry, because no dependence could be placed on obtaining supplies of the route; although they frequently passed through Indian camps and villages, it was not safe to rely on them for assistance. Occasionally, small
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quantities of corn could be purchased for horse feed, but even that relief was precarious, and not to be relied on. In consequence of the unimproved condition of the country, the routes followed by travelers were necessarily circuitous and their progress slow. In passing from one county seat to an- other they were generally from six to eight and sometimes ten days in the wilderness, and, at all seasons of the year, were compelled to swim every watercourse in their way which was too deep to be forded ; the country being wholly destitute of bridges and ferries, travelers had therefore to rely on their horses as the only substitute for those conveniences. The fact made it common, when purchasing a horse, to ask if he were a good swimmer, which was considered one of the most valuable qualities of a good saddle horse."
Lynch law was liable to be adopted by the men of the border settlements, and one or two instances of its execution, in the form of public whippings, are known to have occurred; but in August, 1788, a law was published in Marietta establishing a "General Court of Quarter Sessions of the Peace, and County Courts of Common Pleas," and these superseded the lynch code before it had been in operation a year. Mr. McMillan was appointed the presiding judge of those courts in the county of Hamilton.
The first constitution of the state of Ohio, adopted November 29, 1802, contained, in its third article, the following provisions for the judicial gov- ernment of the state :
Section 1. The judicial power of this state, both as to matters of law and equity, shall be vested in a Supreme Court, in Courts of Common Pleas for each county, in justices of the peace, and in such other courts as the Legislature may from time to time establish.
Section 2. The Supreme Court shall consist of three judges, any two of whom shall be a quorum. They shall have original and appellate juris- diction, both in common law and chancery, in such cases as shall be directed by law: Provided, That nothing herein contained shall prevent the General Assembly from adding another judge to the Supreme Court after the term of five years, in which case the judges may divide the state into two cir- cuits, within which any two of the judges may hold a court.
Section 3. The several Courts of Common Pleas shall consist of a presi- dent and associate judges. The state shall be divided, by law, into three circuits ; there shall be appointed in each circuit a president of the courts, who, during his continuance in office, shall reside therein. There shall be appointed in each county not more than three nor less than two associate judges, who, during their continuance in office, shall reside therein. The
(12)
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president and associate judges, in their respective counties, any three of whom shall be a quorum, shall compose the Court of Common Pleas, which court shall have common law and chancery jurisdiction in all such cases as shall be directed by law; Provided, That nothing herein contained shall be construed to prevent the Legislature from increasing the number of circuits and presidents, after the term of five years,
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