USA > Ohio > Van Wert County > History of Van Wert County, Ohio and Representative Citizens > Part 33
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James L. Price came to Van Wert in 1865, entered upon the practice of the law and in 1868 was elected prosecuting attorney. He en- joyed a lucrative practice and finally moved to Lima, where he was able to get more practice and larger fees. He is now on the supreme bench of Ohio.
Ira P. Shisler came to Van Wert, entered the office of James L. Price, studied law and entered into the practice. In 1874 he was elect- ed prosecuting attorney. In 1882 he was elect- ed mayor of the village of Van Wert. He later moved to Mankato, Minnesota.
W. H. Cunningham came here from Lima and was elected prosecuting attorney in 1878. He soon returned to Lima, where after enjoy-
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ing a lucrative practice he was elected judge of the Court of Common Pleas, which he now holds.
A. J. Porter started in the practice of the law in Van Wert. In 1878 he was elected mayor and in 1880, prosecuting attorney. He soon after moved to Adams County, Indiana.
John Darnell came to Van Wert soon after the War of the Rebellion, in which he had ta- ken part. He preached on Sunday and prac- ticed law during the week, and was a good counsel and an eloquent preacher.
Hiram C. Glenn was raised in Harrison township and in the town of Van Wert, taught school, worked at his trade, that of carpenter and painter, and studied law at all leisure hours. He was admitted to the bar and in 1867 was elected mayor of Van Wert. In 1870 was ap- pointed judge of the Court of Common Pleas. He has enjoyed a lucrative practice and ac- quired a fair share of this world's goods, and has always been ready to push forward any enterprise for the benefit of Van Wert. A sketch of Judge Glenn appears in the biograph- ical department of this work.
Gaylord M. Saltzgaber came to Van Wert at an early age and attended the schools of the village. At the age of 15 years he enlisted in the Third Ohio Cavalry and served with the company until the close of the war. Return- ing to Van Wert, he attended school here for a time and then attended school at Pough- keepsie. New York, until 1867 when he began the study of the law with R. B. Encill, of Van Wert. In 1869 he was admitted to the bar and formed a partnership with Col. I. N. Alexander. In 1869 he was elected mayor of Van Wert. He was twice elected State Senator from the 32nd District. He is a member of the firm of Saltz- gaber, Hoke & Osborn. They have a large and lucrative practice.
H. Kemper came to Van Wert and entered upon the practice of the law with W. H. Cun- ningham. Of late years he has turned his at- tention largely to collections and to abstracting titles, in which line of work he has the reputa- tion of being an expert.
J. W. Beers came to Van Wert from Sidney in 1865, and has been practicing ever since. At present he has his office in his home on South Washington street and Maple avenue.
C. W. Cowen came to Van Wert in 1865 and enjoyed a good practice and the good-will of all. He afterward removed to Cincinnati.
J. B. Brodnix commenced the practice of the law in Van Wert in 1873 and afterward located in Paulding.
Hugh E. Allen studied law with Hon. H. C. Glenn and was admitted to the bar on Octo- ber 14, 1897. He formed a partnership with Judge Glenn, June 16, 1898, under the firm name of Glenn & Allen and remained in that firm until June 16, 1902. He then practiced alone until March 13, 1905, when he formed a partnership with William H. Dailey, under the firm name of Dailey & Allen.
William H. Dailey graduated from the Van Wert High School in 1886 and from the Uni- versity of Michigan in 1889. He was admitted to practice in Ohio in 1889 and has been in the practice in Van Wert ever since, standing to- day at the head of the bar. A sketch of Mr. Dailey appears in the biographical department of this work.
Clement V. Hoke studied law in Logan, Ohio, prior to June, 1886, being admitted to practice by the Supreme Court of Ohio in that month. He came to Van Wert, September 20, 1886, from Attica, Seneca County, Ohio, where he was born and raised.
M. H. Osborn was raised in Van Wert County on a farm, studied law at the Univer-
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sity of Michigan, from which he was gradu- ated in 1893. He was admitted to the bar in Ohio in March, 1903.
H. G. Richie studied law at his own home without an instructor or law school education, seeking out the principles on which the laws were founded and making himself familiar with them, never leaving a subject until he felt he had fully mastered it. He con- cluded his studies before admission in the early part of 1877 and was ad- mitted under the old practice by the District Court at Findlay, Ohio, on the 10th of April, 1877. He has been successful as a lawyer as is shown by the fact that clients that employed him in his early practice have still retained him whenever the services of an attorney were re- quired and they were largely those that had known him from boyhood.
H. W. Blachly read Jaw with Hon. A. L. Sweet from March 4, 1884, to May 6, 1886, when he was admitted to the bar. In June, 1886, he entered into partnership with Judge Sweet, which continued until 1893, when he formed a partnership with W. H. Dailey. This partnership continued about two years when the firm was dissolved and Mr. Blachly practiced alone until March 1, 1899, when he formed a partnership with Capt. E. S. Mathias. This partnership was in existence until the end of the 1904, when it was dissolved through Captain Mathias being elected judge of the Court of Common Pleas. In March, 1905, Mr. Blachly entered into partnership with Oscar Priddy and Otis W. Kerns, with whom he is now connected. In addition to the prac- tice of the law. Mr. Blachly has served on the State Canal Commission since April, 1900, be- ing twice appointed by Governor Nash and also appointed by Governor Herrick.
O. A. Balyeat read law under the direction of H. G. Richie from October, 1894, to October,
1897. He passed the bar examination at Co- lumbus, Ohio, October 14, 1897, and went into active practice at once, occupying office room with his preceptor until January, 1901, when he formed a partnership with the late G. L. Marble, which continued until the latter's death,
when he formed a partnership with H. L. Conn, which has continued until the present time.
J. C. Allen was for many years a practi- tioner at the bar in Van Wert.
Capt. Edward S. Mathias came to Van Wert, Ohio, in March, 1894, and was admitted to the bar in June, 1895. He was elected city solicitor in April, 1896, and was re-elected in 1898. He formed a partnership with H. W. Blachly upon being mustered out of the vol- unteer service in March, 1899, which partner- ship continued until he assumed his duties as judge of the Court of Common Pleas, to which he was elected in 1904. Judge Mathias is a graduate of the Ohio Normal University at Ada, taught school in Putnam County and served as captain during the Spanish-American War.
WV. S. Johnson began the study of the law with Saltzgaber & Glenn in 1885, and was con- nected with their office for three years. In June, 1889, he graduated from the law depart- ment of the University of Michigan with the degree of Bachelor of Laws and was admitted to practice the same month by the Supreme Court of Ohio. His preliminary education was received at Kenyon College, Gambier, Ohio, and the National Normal University at Leb- anon, Ohio.
Arthur C. Gilpin was born in Pickaway County, Ohio, October 20. 1871, and came to Van Wert County with his parents in October, 1872. He lived on farms near Van Wert until 1884, when the family came to town. He at. tended the public schools of Van Wert and graduated from the High School in May. 1889.
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He was employed as a clothing clerk for a num- ber of years and read law under the tutorship of Levi X. Jacobs and Hugh E. Allen. During the Spanish American War he served as Ist sergeant of Company D, Second Regiment, Ohio Infantry, U. S. Volunteers. He resumed the study of law after being mustered out of the service and was admitted to the bar on June 20, 1900.
Otis W. Kerns began the study of the law at the Ohio Normal University at Ada in August, 1896. In June, 1897, he continued the study under the preceptorship of H. W. Blach- ly, of Van Wert, during the winter season un- til 1901, when early in the year he again en- tered the Ohio Normal University and grad- uated with the law class in June of that year. The same month and year he was admitted to the bar. In August, 1901, he formed a partner- ship with Oscar Priddy under the firm name of Priddy & Kerns, with offices in Rooms I and 2, Albright Block. This partnership lasted until March 1, 1905, when Mr. Priddy and Kerns formed a partnership with H. W. Blachly, un- der the firm name of Blachly, Priddy & Kerns, with offices in the Mcconahay Block, opposite the Court House.
H. L. Conn began the study of the law in 1890 and was admitted to the bar in 1894. Further information will be found in his bio- graphical sketch published elsewhere in this volume.
THE FIRST MURDER TRIAL.
In the May (1840) term of the Court of Common Pleas for Van Wert County, Emory D. Potter, president judge, and Benjamin Grif- fin, Joseph Gleason and John Hill, associate judges, an Indian was tried for a murder com- mited January 10, 1840, in Washington town- ship, north of what was known as the Stacy
farm, a property now owned by a Mr. Tusig. The Indian's name was Tawohesackwaugh, and his victim's name was Sacheewaugh; both were Wyandots.
The grand jury that indicted was composed of Josiah Foster, William R. Kear, Jacob M. Harpster, Peter Bullenbaugher, David Major, William Johns, Lyman S. Wells, Asabel Bur- right, James Major, William Glenn, George Leslie, Daniel M. Beard, Joseph D. Moore, Orrin Burright and Samuel Moore.
The charge was that with a knife of the value of 25 cents he inflicted a wound on Sacheewaugh in the neck from which the lat- ter died in four days. The names of the jurors that tried Tawohesackwaugh were Asa Cook, Moses Orchard, James Gilliland, Stephen Glea- son, Ansel Blossom, Thomas Pollock, Adam Gilliland, Cyrenius Elliott, William Hill, Thomas Thorn, Archibald Priddy and John G. Morse. They brought in a verdict of man- slaughter and he was sentenced to the peni- tentiary for five years. He was afterward par- doned to go West with the tribe. The writer recollects that his wife and mother came to the Gilliland house and said that they were glad that he was sent to the penitentiary and that when he came out he would be a good Indian.
There were over 100 Indians present at the trial. There was much opposition to trying the Indian by the whites, most of the people be- lieving it best to turn him over to the tribe to be dealt with. His family took the name of Solomon. A number of them remained at Up- per Sandusky and are buried in the old mission graveyard.
THE SECOND MURDER TRIAL.
In the May (1845) term of the Court of Common Pleas for Van Wert County, Pat- rick G. Goode, president judge, and Jacob M.
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Harper, Daniel M. Beard and John Tumble- son, associate judges, the grand jury, composti of Samuel Sheets, Jesse Atkinson, Sama : DM- er, Peter Frysinger, David Major, Jr., Simon Wyant, Abraham Zimmerman, William .Prent, Charles Germann, Moses R. Adams, Samuel Moore, Robert Miller, Samuel Foster, Samuel Engleright and John A. Conn, brought in an indictment for willful murder against Daniel Magrath, who was accused of murdering Mich- ael Connell. The indictment states that the murder was committed with a cheap knife worth about 12 cents and that 15 mortal wounds were found upon the body. Although so desperately wounded, Connell lived from July 7, 1844, when the stabbing occurred, to the 10th.
The facts in the case were that it was a drunken fight in which both were wounded. Magrath had eight stabs on his person, none of which was severe. The only witnesses were a family of Golivers that kept a kind of shanty boarding house and seemed to be bitter against Magrath.
The defendant, through his attorney, Will- iam E. Rose, demanded to be tried in the Su- preme Court of the State, which then held court in each county. A change of venue to Allen County was secured, and Attorney Rose demanded that the defendant be tried there. The prosecuting attorney, James M. Barr, en- tered a nolle proscqui on the indictment, had the defendant reindicted in Van Wert County and brought back here for trial. Rose argued that his client had secured a change of venue on ac- count of the prejudice existing and the court had no right to try him in this county. The court overruled him and he withdrew from the case. At the August term of the Supreme Court, Daniel Magrath was found by the jury guilty of murder in the first degree and was sentenced by the court to be hanged on the first
Friday in October, 1845. The decree was signed by M. Birchard, chief judge.
On the day appointed by the court, Daniel Magrath was hanged on a scaffold, erected on the west side of the jail, the execution being in public. A high board fence was built around the scaffold, but this was torn down the night before the execution. Thomas R. Kear was sheriff. The day of the execution people came 30 to 40 miles on horseback to witness it. Strong men wept like children, when the trap was sprung and he struggled for some time, as his neck had not been broken. There was a division of opinion, many believing that the verdict was too severe. The body was taken south of town, buried and a tree chopped on the grave, but the body was exhumed that night by the doctors.
TWO ANECDOTES OF THE EARLY COURTS.
Cyrenius Elliott was one of Van Wert's early settlers, coming here from Mercer Coun- ty. He was at one time county surveyor. He was always full of life and generally ready to perpetrate a practical joke on any of his ac- quaintances. H. S. Knapp in his "History of the Maumee Valley" tells the following :
At the April term of court in Mercer Coun- ty in 1847, a hog case was tried before Judge Patrick G. Goode. The arguments of the case had been concluded, the charge to the jury made, the case submitted to the jury within a few minutes of the regular dinner hour. and they had been ordered to their room. The court then adjourned until after dinner.
Within a few minutes, one of the jurymen Cyrenius Elliott (then a young, rough-hewn specimen of manhood but withal possessing more than average ability and coolness ) entered the room of the hotel where the judge was seated1.
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The judge rewarded Elliott with some sur- prise and excitedly asked, "What are you do- ing here? Have the jury agreed." "Jury agreed," hissed Elliott. "You must be a simple- ton to ask the question. You must understand, Pat Goode, that I don't believe much in the di- vine rights of Kings or in the infallibility of Courts when run by such men as yourself. Your right way was to have let us have our dinner before sending us into the jury room knowing as you must, if you had good sense, that jur- ors have stomachs and bowels as well as judges and lawyers."
The judge in a towering rage threatened that his first business immediately after the re- assembling of the court would be to visit upon Elliott the severest penalties of the law, to which Elliott, with much sang froid, responded, that it was not necessary for him to wait un- til after the meeting of the court to make a more flagrant Muggins of himself than he had already shown himself to be.
Upon the reopening of court, however, the judge reflecting that the law was inadequate to punish the recusant jurymen as he thought they deserved, made disposition of the case as ex- plained below in the Mercer County Standard :
"Abraham Miller of this place happened to be one of the famous 12. When the court re- assembled in the afternoon, the judge, after censuring those of the jurymen who had ap- peared in the courtroom for their conduct, and after some hesitation as to what disposition to
make of the case, ordered it to be recorded which closed as follows : 'And the jury, not be- ing able to agree, dispersed; and the case was continued to the next term.' The next term the court ordered that the defendant go hence with- out day and so the matter has slept until 1872 when Mr. Miller was ushered into the jury box by the sheriff, whereupon Mr. LeBlond. who was attorney for the defendant in 1845, ob- jected to him on the grounds that a man couldn't serve on two juries at the same time.
"Judge Mackenzie intimated that a man who was unable to make up his mind in 24 years was hardly competent to sit on a jury. However, Miller was permitted to remain un- til the final disposition of the case. But the fact still remains that the jury which went out in 1847 has never returned into court."
While Patrick G. Goode was on the bench, John H. Morrison was trying a case in which he had taken more than ordinary interest. Af- ter the evidence had closed, he felt that the cause of his client was lost and opened his ad- dress to the court and jury with the following declaration : "May it please the court; by the perjury of witnesses, the ignorance of the jury, and the corruption of the court, I expect to be beaten in this case." Judge Goode turned to Morrison and inquired. "What is that you say, Mr. Morrison?" The latter promptly replied, "That is all I have to say on that point," and proceeded with his remarks to the astonished jury.
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CHAPTER XXII
PHYSICIANS OF VAN WERT
Dr. P. J. Hines was the first physician to settle in Van Wert. He studied with Dr. Thomas Miller, of Washington, D. C., and received his degree from the Baltimore Medi- cal College in 1837. He came from Frederick County, Maryland to Van Wert, November 30, 1838. In 1849 he went to California and re- mained two years. He was elected county aud- itor and to the Legislature and was at one time postmaster.
Dr. John W. Lenox came to Van Wert in the early '40's. He had a large practice through- out the country, often traveling 20 miles to see a patient. He rode day and night and at a gait that no one could keep up with. In No- vember, 1849, he married Susan Short, now Mrs. Davis Johnson.
Dr. James Burson came here about 1842 and was elected county treasurer in 1845. He died the same year.
Dr. John Q. Adams was one of the early physicians, coming here about 1850. He had a large practice but finally sold his practice and moved West.
Dr. C. W. Bowland came about 1853 and bought Dr. J. Q. Adam's practice but only stayed a few years and moved to Columbus.
Dr. B. A. Welch was one of the early prac- titioners.
Dr. R. A. N. Bee was a homeopathic phy- sician, but he was here when chills and fevers
were prevalent, which required more heroic treatment than his system provided for.
Dr. D. K. Galliher practiced here for a number of years.
Dr. Hugh C. McGavren practiced many years here and at Shanes Crossing (now Rock- ford).
Dr. William Osborn came here from Jen- nings Prairie and practiced a number of years. He was also the first physician at Delphos.
Dr. Kyle was one of the early physicians.
Dr. J. H. Finefrock practiced here a few years.
Dr. John Blecker practiced at Van Wert for a number of years. He volunteered and was promoted from the ranks to 2nd lieutenant and was badly wounded at the battle of Stone River, Georgia.
Dr. C. B. Stemen care here in 1866 and in 1867 was appointed the first superintendent of the County Infirmary, which position he held for three years and then returned to Van Wert and took up the practice again. A few years later he moved to Fort Wayne and has now a world-wide reputation as a physician and sur- geon and also as an author of text-books.
Dr. George Stemen practiced here a short time.
Dr. Sherrick practiced here a short time.
Dr. Chapin came here about 1856 and prac- ticed until in the '60's.
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Dr. Reid was a practitioner here for many years.
Dr. William Smith was born in Washing- ton County, Pennsylvania, in 1822, In 1846 he volunteered at the first call for troops and was elected 2nd lieutenant and served during the war with Mexico. On his return, he took up the study of medicine and practiced in Rich- land County until 1856, when he came to Van Wert. At the breaking out of the War of the Rebellion, he enlisted as 2nd lieutenant and rose through all the grades to lieutenant-col- onel of the 46th Ohio Infantry. Returning to Van Wert, he again took up the practice of medicine.
Dr. J. W. Underhill, a homeopathist, came here in the '60's and practiced for a number of years.
Dr. Charles Emerson came here and prac- ticed a few years and then turned his attention to banking.
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Dr. W. N. Longsworth came to Van Wert in 1852 and practiced for 20 years or more.
Dr. Webster was a practitioner here.
Dr. Adam N. Krout was a practitioner here for many years.
Dr. W. H. Christopher practiced here for a number of years and then moved to Indiana. Dr. Timothy Hawkins came here from Mercer County, and remained several years.
Dr. John K. Woods came here from Men- don shortly after the close of the war, where he had served as surgeon, and practiced for many years.
Dr. B. F. Cessna practiced here for a num-
ber of years and then moved to Kenton, in Hardin County.
Dr. Georgiana C. Glenn practiced here for about 10 years and was very successful, especi- ally with women and children.
Dr. George W. McGavren has been one of our most successful physicians and surgeons and would not be allowed to quit if he wanted to.
Dr. W. C. Hastings practiced for a number of years and then moved to Seattle, Washing- ton.
Dr. G. J. Eblin practiced here for quite a number of years and then organized the Home Guards of America. Since then he has de- voted his time to that organization.
Dr. H. G. Davis was a practicing physician for many years until his death a short time ago.
Dr. Miss Emma Pearson had a large prac- tice here, but gave it up for a man and moved to Michigan.
We have yet with us the following phy- sicians : L. A. Ellis, T. Jax Cole, C. A. Files, F. P. Kreider, R. J. Morgan, F. E. Reed, J. Ward Wilson, Mrs. J. Ward Wilson, S. S. Tuttle, W. H. Perry, A. B. Gilliland, Calvin Pollock, C. B. Church, Robert Flemming, Charles B. Reid, D. L. Corbin, R. P. Richi- son, J. A. Hines and J. C. Haller.
Dr. William McHenry, of Lima, was fre- quently called to Van Wert before there was a resident physician here and also in the absence of our home physician. Thirty miles on horse- back and over bad roads was something of a task, but he never refused to come.
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CHAPTER XXIII
THE CHURCHES OF VAN WERT
The First Presbyterian Church-The First Methodist Episcopal Church-The First Baptist Church-Churches of the Evangelical Association of North America in Van Wert and Vicinity-St. Mary's Catholic Church.
THE FIRST PRESBYTERIAN CHURCH
Was organized by Rev. John N. Nevins un- der the authority of the Miami Presbytery, June 10, 1843. a petition having been presented by the Presbyterians residing in Van Wert and the vicinity.
At the time of the organization in the Court House, it was called the First Presbyterian Church, and consisted of 12 members, among whom were: Robert M. Thompson, Andrew Hattery, Annie Hattery, Joseph Hattery, An- drew Hattery, Jr., James Gordon Gilliland, Mrs. Margaret Gilliland and Mrs. Sarah Wells.
After its organization, according to the pre- scribed rules of the form of government, the members of the church proceeded to elect an elder, which resulted in the choice of Joseph Hattery, who was regularly ordained and con- tinued to discharge the duties of this office until his death.
On June 11, 1843, the first sacrament of the Lord's Supper was administered and on the Monday following two infants were baptized viz. : Hugh T., son of Robert Thompson, and Sarah Samantha, daughter of Mrs. Sarah Wells.
On September 12. 1843, the church peti- tioned the Miami Presbytery for a minister to preach and administer the sacrament. inas- much as the Rev. John H. Nevins, then pastor of the church at Decatur, who had preached some months to the people of Van Wert pre- vious and subsequent to its organization, find- ing himself unable to discharge the duties, re- quested to be released.
The church on the 18th of March. 1844, invited Rev. John Elliott, of Martinsburg. to supply them one half his time, and promised him as compensation $100 in produce. The call was accepted by him and he continued his labors until March 21, 1845.
In this year the church was attached to the Sidney Presbytery. The number of communi- cants was now 23. From this period until 1851 the church had no regular pastor, but was sup- plied by Revs. John B. Morton, John S. Gallo- way, Richard M. Badean, Thomas Elcock, James Anderson and Milo Templeton.
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