USA > Ohio > History of the Upper Ohio Valley, with family history and biographical sketches, a statement of its resources, industrial growth and commercial advantages, Vol. I > Part 67
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autumn of 1829. There is little in the routine of the life of a member of the bar to excite the public attention. The investigation of ab- struse and naked questions of law before the courts, or the trial of issues of fact before juries, has seldom much attraction beyond the limited circle of those directly interested in the result. Nevertheless, his growing reputation as an able counselor and advocate soon ex- tended beyond the quiet village where he resided, until he became famous in most of the counties of northwestern Virginia, and finally came to be acknowledged as among the first, if not the first lawyer in that section of the state. His practice also extended into the state of Ohio and western Pennsylvania. The first important official position filled by Mr. Doddridge, so far as we have ascertained, was that of a member of the house of delegates of Virginia, for the year 1815-16. He represented the extreme northwest point of the state - Brooke county. The abilities of Mr. Doddridge commanded a respect not usually extended to members from his section. He was placed on the committee on courts of justice; also, on the committee of finances; and during the session was added to the committee on taxes on lands, etc. The journals of the house exhibit ample evidence of his indus- try, activity and influence during the session. It was at this session he commenced his opposition to the arbitrary and oligarchical princi- ples of the then existing constitution of Virginia, which he never re- laxed until the convention of 1829-30 crowned his efforts in behalf of popular rights with partial success. He was again a member of the house of delegates from Brooke for the year 1822-3, and again in 1828-29. He was a member of the constitutional convention of 1829, and distinguished himself as a statesman, perhaps, the equal of any- one of that, the most distinguished body that ever assembled in Vir- ginia.
In 1823, Mr. Doddridge was a candidate for a seat in the house of representatives of the United States, from what was called the Wheeling district of Virginia. At that time the election was held and continued, on the first day of the county courts of the respective counties composing the district, during the entire month of April. There were, that year, five competitors for the position, all of whom appeared on the hustings at Wheeling on the first Monday of April, and addressed the people, according to the custom prevailing in Vir- ginia. It soon became apparent, however, that the contest was, in fact, between Mr. Doddridge and Joseph Johnson, Esq., of Harrison county, an able competitor, who had served with Mr. Doddridge in the legislature of Virginia, and who was then just fairly entering upon his long career of public life; and on the second Monday, all the can- didates retired from the canvass, excepting Mr. Doddridge and Mr. Johnson. Mr. Johnson was one of the most popular and effective speakers who ever appeared on the hustings in Western Virginia. He also had the advantage of belonging to the dominant party; and when the voting was concluded on the last Monday of the month, it appeared that Mr. Doddridge was defeated, notwithstanding his ac- knowledged peerless abilities. In 1825, Mr. Doddridge and Mr.
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Johnson were again opposing candidates for the same position, and with the same result. In 1829, they were a third time competitors, when Mr. Doddridge, after an animated canvass, was successful.
His duties as a member of the Virginia convention detained him in that body until its adjournment on the 15th of January, 1830; so he did not take his seat in congress until after that time. He found him- self still surrounded by several distinguished men of Virginia, some of whom had served with him in the convention. Among them were, Philip P. Barbour, William F. Gordon and Charles Fenton Mercer; and with them, John S. Barbour, William S. Archer and Andrew Ste- phenson. His reputation, acquired in the convention, had preceded him; and he at once occupied an intellectual rank equal to that of any of his eminent colleagues, and hardly second to any member of the house. Especially was this so, upon all questions involving the discussion of legal and constitutional questions. Soon his assiduous, intelligent, and effective attention to the business referred to the com- mittees to which he had been assigned, attracted the notice, and commanded the confidence of his associates. He did not often ad- dress the house; but when he did so, he uniformly confined his remarks to the distinct question before it, speaking with brevity and perspic- uity, as well as pertinacity. As a consequence, he was listened to with a respectful attention, not often accorded to each other, by the members of that tumultuous assembly, and commanded the confidence and influence to which his talents entitled him.
A special committee was appointed during this session of congress, to draft a code of laws for the District of Columbia, with leave to sit during the recess, before the next session, but instead of remaining together at the city of Washington, they apportioned their labors among themselves and went home. The portion of the code allotted to Mr. Doddridge was the judiciary department. His mode of pre- paring it was this: He obtained the codes of several states. When he wished to prepare a particular chapter, he would read the corres- ponding chapters in these codes, and then laying them all aside, would, with wonderful rapidity, write off a bill to suit himself. It was, uniformly, much shorter than that in any of the codes he con- sulted. His faculty as a draftsman was remarkable. He had a won- derful power of condensation. The appropriate words, like well-drilled battalions, fell harmoniously into their proper places; and there were neither too many, nor too few of them. It is related of Mr. Webster, that he should have said, during a tour he made through the western states in 1833, whilst stopping at Wheeling, that he would be willing to give all he possessed if it would secure to him this extraordinary faculty of Mr. Doddridge in the same degree of perfection. The great Massachusetts statesman often took occasion to express his admiration of the abilities of Mr. Doddridge. During the tour re- ferred to, he stopped at Wellsburg, on his way from Steubenville to Wheeling, for the express purpose of paying his respects personally to Mrs. Doddridge. Hearing that there was a portrait of Mr. Dodd- ridge in the town he called to see it; and whilst he was looking at it,
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remarked: "He was the only man I ever feared to meet in debate." According to the agreement before stated, Mr. Doddridge having prepared the part of the code entrusted to him, went on to the city of Washington several weeks before the assembling of congress to meet his colleagues on the committee. After a brief illness, he ex- pired to Gadsby's Hotel, on the 19th of November, 1832. His man- ners were simple and unostentatious. He was the charm of the social circle. His conversation flowed as a perennial fountain, sparkling with a genial wit, and redolent of the kindness and goodness of his heart. With a memory stored with the treasures of history, and rich in anecdotes and personal incidents, he had the happiest facility in relating them; and was the center of attraction and delight, in what- soever society he was placed. Mr. Doddridge possessed the faculty of intuition, in a remarkable degree. In the investigation of cases at the bar, he seemed to comprehend them, oftentimes, long before all the facts were disclosed by the evidence. His great experience, doubtless, qualified him, in a measure, to do this; but aside from this, he had an extraordinary penetration, that anticipated what was to come with almost unerring certainty. He frequently surprised wit- nesses by telling them what they knew, before they had fully stated it; and such as were disposed to prevaricate, or to falsify, seldom es- caped from his examination without being exposed and confounded. He often cut short the prolix stories of his clients, in making known their cases, by giving the particulars of them himself.
Charles Hammond. Extract from sketch by Judge G. L. Cranmer: " Charles Hammond, who was perhaps the most profound lawyer that ever practiced at the bar of what is now the first judicial circuit, was a son of George Hammond, who emigrated to what is now Brooke county, in this state, in the year 1785, and settled on the waters of Buffalo creek, about five miles east of Wellsburg. The father was a man of education and some culture, and possessed a retentive mem- ory and appreciative taste. He would frequently recite whole plays of Shakespeare, and he had committed to memory Young's " Night Thoughts," and many other poems. He was a man of uncommon mental force and physical endurance. His strong, bold views con- cerning men and things, he impressed indelibly and distinctly upon the young and susceptible mind and heart of his son Charles. The studious habits of Charles, together with his love of composition and books, led his father to determine that he should follow the profes- sion of law. Accordingly he was entered as a student in the law office of Philip Doddridge, a man of genius and ability, and one of the first lawyers of his day. Here he studied not only law, but devoted a portion of his time also to the study of political economy and the philosophy of history, in which, as well as in the study of the law, he made rapid progress. He also now wielded his pen in the discussion of local and general questions, but he attracted but little attention as a writer, until the year 1799. He was admitted to the bar in 1803, and immeniately opened an office in Wellsburg, Va. Judge Burnet, a man of culture and eminence in the line of his pro-
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fession, was one of the committee appointed by the court, at the time in session in Marietta, Ohio, for the purpose of examining young Hammond as to his legal qualifications and ability. So thorough and complete did he prove himself to be in the mastery of the principles of his profession that for years afterward this able and distinguished jurist was wont to mention with great satisfaction the readiness and thoroughness with which the young law student had responded to the searching inquiries put to him by the examining committee. Shortly after his admission to the bar, he removed to Wheeling, then a small village containing a population of 400 or 500, where he remained until the year 1810. In October of the same year, he entered into a matrimonial alliance with Miss Sarah Tillinghast, of Wellsburg. The development of Wheeling as a municipality began in 1806, in which year it was incorporated as a town, and Mr. Hammond was appointed the first recorder. During the period of his residence in Wheeling, an incident occurred, illustrative of his fairness and honesty of his character, in the highest degree commend- able. Gambling at that time prevailed to an alarming extent in the community. It was the fashionable vice of the day, and was indulged in by nearly all classes of society. During a session of the court a large number of indictments were found against the least influential members of the community, under which they were put on trial and convicted, and heavy fines were imposed on the offenders. - Mr. Ham- mond was indignant at what he deemed the injustice practiced on these humble persons, and being unable to restrain himself he addressed the court substantially to the following effect:
"' May it please the court, it is impossible for me to stand this any longer. Here are a number of individuals who have been indicted and fined for this offense who I know are unable to pay their fines, while a still larger number, greatly more able and far more guilty, escape the notice of the prosecuting attorney wholly. I beg leave, therefore, first to file information against myself, and next against your honor, and then against tlie gentleman who prosecutes, and then upon the other members of the bar. When these I have mentioned are fined, there will be little difficulty in fining those who are not less culpable.' As a lawyer he had few equals, and was surpassed by none. Possessed of a quick, vigorous and sententious mind, he de- tected as if by magic the weak points in his adversary's case, and promptly took advantage of them. His business grew rapidly. It was not confined to the courts in Wheeling but extended throughout all the counties of West Virginia and eastern Ohio, as well as in the courts of the United States in these respective states, and in the supreme court of the United States. In the judicial field he met as competitors such men as Obadiah Jennings, Samuel Paul, Noah Linsly, Philip Doddridge, John C. Wright, Benjamin Tappan, John M. Goodnow, Jeremiah Hallock, Daniel Webster, Henry Clay, John Ser- geant and others, " all foemen worthy of his steel." His sun paled in splendor before none of these luminaries, but shone as brightly as any. In the spring of 1810 he changed his residence from Wheeling
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to Belmont county, Ohio, and located on a farm about four miles east of St. Clairsville, and since known as the " Woodmanse Farm." Here he engaged in the practical duties of an agriculturist, while at the same time pursued the practice of his profession. In 1823 he moved to Cincinnati. During his residence in Belmont county he perhaps was the instrument of settling amicably more cases than all the other members of the bar together. No man was ever more free from the charge of fomenting litigation than he. So marked was this trait in his character that the sheriff of the county was accus- tomed to express himself by saying that unless Charles Hammond left the county, he and the clerk would starve for the want of fees. As we have already intimated he was a man of fixed opinions, which he earnestly and diligently sought to promulgate. Hence he embraced frequent opportunities of giving currency to them in newspaper com- munications. His federalist views, to which he tenaciously clung, were not only unpopular, but daily growing distasteful. As the hos- tilities between our own country and England became more imminent, and finally culminated in the war of 1812, those who had always re- spected his ability and sincerity shrank from publishing his views when tendered by him. His opposition to the war was fearless and outspoken. As a consequence he was denounced, threatened, abused and mobbed. But this conduct on the part of his opponents only in- tensified his purpose in and resolving to maintain his rights by their exercise, he founded and established a journal of his own. Such was the origin of the Ohio Federalist, printed for him at St. Clairs- ville, Ohio, by one John Berry. Its motto was significant of the character of its owner, being the following extract from one of Cowper's poems:
"' In freedom's field, advancing his firm foot He plants it on the line that justice draws, And will prevail or perish in her cause.'
"In 1816 Belmont county sent him as her representative to the legis- - lature, and in 1817, 1818, 1819 and 1820 he represented that county in the house of representatives and in the senate of the state. Here his great ability was at once made manifest. The acts drafted by him were models of perspicuity and brevity. He prepared during his legislative career and revised the laws regulating descents and dis- tributions, together with many of those referring to legal and chan- cery proceedings. Many of the most important statutes were amended and revised, removing many ambiguities and repetitions, and introduc- ing into them greater method and order.
" As a great constitutional lawyer he ranks with Marshall, Story and- Webster. His review of the opinion of Chief Justice Marshall in the Bank of the United States vs. Osborne et al., is one of the most mas- terly arguments on record. This argument, before its delivery, he submitted for inspection and perusal to Thomas Jefferson, who read it carefully and returned it with his approval to this effect: 'Your posi- tion is impregnable. Your arguments cannot be answered. But the case will go against you, notwithstanding.' And it did. In speaking
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of this argument to William Wirt, Chief Justice Marshall said to him, that ' Charles Hammond had produced in that case the most remarka- ble paper that had been placed on file in any court since the days of Lord Mansfield. That it had persuaded him that wrong was right in the case.' This from such a source was certainly high praise.
" He died in Cincinnati in the sixty-first year of his age, a worn-out and overworked man."
Judiciary of Marshall County .- Marshall county, as well as all the Pan-handle country, was at one time a part of the territory of Ohio county. The act passed by the legislature of Virginia establishing the county of Marshall went into effect on the first day of May, 1835. The law provided that eight persons should be commissioned justices of the peace for said county and should meet for the purpose of hold- ing court on the first Thursday after the third Monday of each month. The county seat was located at Elizabethtown by commissioners ap- pointed by an act of the legislature, approved December 8, 1832. The justices who constituted the first court were Jacob Burley, Benjamin . McMechen, Jacob Parrot, Samuel Howard, Zodoc and Masters. The meeting was held at the brick school-house in Elizabethtown on the 18th day of June, 1835. A. Wood a justice of Ohio county, adminis- tered the oath to the justices. The first act of the court was the elec- tion by voice of Elbert H. Caldwell, attorney for the commonwealth, and James D. Morris, clerk. The court then selected as a temporary place of holding court the residence of Mrs. Susan Parriott, of Mounds- ville. The first grand jury convened at the afternoon session of the court, and was constituted as follows: Walter Gray, gentleman, fore- man, Jesse Burch, John Criswell, John Riggs, Vincent Cockayne, John Ward, Samuel Burris, John Barto, John Huggans, James Dunlap, Reuben Roberts, Edward Gregg, James Riggs, John Taylor, Zach- ariah Wayman, John Anderson, William McFarland, Benjamin Cockayne, Samuel Vencies, William Woodburn and John Brown.
The first court house was erected by Elisha Linsey, in 1836, at a co st of aout $4,200. Court was then held on the first floor. The present ourt house was completed in 1876. On the opening day of the first court Moses C. Good, William McConnell, Zachariah Jacob, John McFerren, Francis C. Campbell, Lewis Steenrod, Morgan Nel- son, Isaac Hoge, James Clarke and J. Y. Armstrong, were licensed to practice law in the county court. Later Gen. J. S. Wheat, of Wheel- ing, was admitted to practice. Of the above but few were resi- dent attorneys. Moses C. Good and Gen. Wheat were at the time leaders of the Wheeling bar, and their practice extended into many of the counties of Virginia. E. H. Caldwell, the first prosecuting at- torney, is mentioned elsewhere. William McConnell, who was admit- ted to the bar on the first opening of court in Marshall county, was one of the ablest resident attorneys of the county in early days. He had few of the graces of a polished orator, but in his arguments be- fore the court or jury he was plain, though logical and earnest, and his arguments were always effective. In courts of chancery he was able to cope with the best lawyers of his day. Isaac Hoge was one of
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the brightest lights on the Marshall county bar. He did a large and what was then considered a lucrative practice, and is remembered as both an able lawyer and a good advocate. Wiley H. Oldham, who practiced in Marshall and adjacent counties for many years, was one of the best equipped lawyers of his day. As an advocate and a jury lawyer he was without a rival in this county, and his special talent in this line was in demand both at home and abroad. He is remembered as a man with an unimpeachable character, and popular with the masses. He removed from Moundsville to Marietta, Ohio.
Hancock County .- The first court convened in Hancock county was on April 10, 1848. The county having been erected by an act of the legislature, approved January 15, of the same year, the justices of the peace for Brooke county, residing within the territory of the newly organized county, were commissioned by the governor, and di- rected by the act of the legislature to meet at New Manchester, now Fairview, for the purpose of organizing a county court. The meet- ing was held at the house of Samuel C. Allison, and those presenting commissions as justices of the peace were: John Pittenger, David Pugh, Andrew Henderson, John Gardner, David Wylie, William H. Grafton and John Mayhew. Robert Brown was elected common- wealth attorney, and J. H. Atkinson clerk of the court. The selection of a location was decided at an election in favor of Fairview. A brick court house 50x60 feet was built, and in February, 1850, the first court was held therein.
Soon after the organization of the county, R. C. Brown, of Holloway Cove, and Daniel Donehoo, of Langfitt & Donehoo, Wellsburg, located in New Manchester for the practice of the law. Mr. Brown had been appointed and was subsequently elected, prosecuting attor- ney, which position he filled with satisfaction to the public until his removal to the west, which occurred in 1855, he having in the mean- while removed to New Cumberland, when it became temporarily the county seat. Mr. Donehoo remained in the practice, still associated with Mr. Langfitt, until 1852, when he became deputy and acting clerk of both circuit and county courts, which position he held for several years, resuming practice shortly after the close of the civil war, and serving as prosecuting attorney, as member of the house of delegates and as director of the hospital of the insane. He subsequently removed to Jersey City, and became connected with a large mercantile estab- lishment of Philadelphia about 1871, and this connection still continues. About 1849, T. W. J. Long, noted as a lawyer rather than as an advocate, removed from Winchester, Va., and located at New Man- chester, removing to the state of Iowa in the spring of 1853. He formed a business connection with George M. Lee, of Columbiana county, Ohio, who for several years attended regularly the Hancock courts, and the firm of Long & Lee received and transacted a large portion of the business before the courts. James L. Gray was also a resident lawyer, for several years from and after 1848. He lived at New Cumberland, and was reasonably successful, although more of a teacher than a lawyer. Some time after the departure of Mr. Long,
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George M. Scott and Thayer Melvin were admitted to practice and located in New Manchester, the former being associated with O. W. Langfitt.
Joseph Burns, who had formerly been a minister, and who was a man of considerable native ability, residing at New Manchester, was admitted about 1859, and continued to practice until his death, some ten or twelve years thereafter.
John R. Donehoo, a brother of Daniel, was admitted about 1856, but removed to Wheeling, and subsequently to Pennsylvania, engag- ing for some years in newspaper work, and acquiring a reputation as a journalist. He located in New Manchester about the close of the civil war, and has since then pursued his profession successfully, re- moving recently to the present county seat. He has served as prose- cuting attorney, and as senator from the first senatorial district, and is, at present, a member of the board of regents of the Deaf and Dumb and Blind asylums.
James G. Marshall, who had performed for many years the duties of commissioner of the revenue, was admitted to the bar some years before the war, and became the junior member of Langfitt & Marshall. Since the death of the senior member, which occurred in 1866, Mr. Marshall has practiced alone, and has served several terms as prosecuting at- torney. He is also known as an accomplished surveyor, and his services are in frequent requisition. He has all along resided at Fairview.
John A. Campbell was licensed to practice in this county and has been active in the profession for a number of years, though not exclus- ively as a lawyer; he is recognized as a successful banker as well.
W. J. Hall, a native of the county, has served for several years as prosecuting attorney, and is still in that office, and in full practice. J. H. Atkinson was admitted about 1880, and since then has devoted himself to practicing law and to surveying. He has had several of- fices of a public nature, and has long been a successful business man, having at different times engaged in extensive business enterprises. Messrs. Atkinson, Huff, Donahoe and Marshall, at this time com- prize the local bar of the county. The foregoing list is not intended to be complete. The records show that other resident attorneys were admitted to practice, and did practice, but it does not appear that they continued residents for any considerable period; and hence their names are omitted here. It is believed that we have made mention of all who have occupied prominent positions at the bar since the or- ganization of the county. Our list is not a large one, but it must be remembered, the county is limited in size and population, and is still young in years, compared with others, in this portion of the state.
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