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 68
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The Bench .- The first judge who sat upon the bench of the circuit superior court was Hugh Nelson, who served from April, 1809, until the fall of 1811, but little can be learned of his career. Judge Daniel Smith came on the bench in 1811, appointed by the legislature as the successor of Hugh Nelson. For a part, if not for the whole time on the bench, he was a resident of Harrison county. The judicial dis-
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trict to which Ohio county was attached, was then composed of the counties of Harrison, Ohio, Brooke, Wood and Monongahela. Judge Smith served the district with great acceptability from 1811 to the fall of 1830, and next to Judge Fry, his successor, served longer than any one who has since occupied the bench. His long term is a sufficient guarantee of the faithfulness with which he performed his duty. He is remembered as an able and conscientious judge.
The longest term of service upon the bench of this circuit was that of Judge Joseph L. Fry. He was appointed in 1831 and presided at the January term of that year. He served for twenty-one consecu- tive years or until the constitution of 1852 provided that the election of judges should be by popular vote instead of by the legislature. He became a candidate before the people, having Judge George W. Thompson as his opponent. The latter was a man of superior social qualities and in every sense a popular politician, while the former was of a retiring disposition, mixed little with the people, and was austere, aristocratic and dignified in his bearing. The result was the election of Judge Thompson and the retirement of Judge Fry from the bench. He practiced for a time in Wheeling but during the civil war moved to Lewisburg, W. Va., where he died. Judge Fry came to Wheeling from Charleston, where he had practiced for a time. On the bench he was always dignified. He was fair in his treatment of the bar, but was never popular. He was well learned in the law, and it is doubt- ful if a more capable judge or a profounder lawyer ever sat upon the bench of the Wheeling circuit.
Judge George W. Thompson, who sat upon the bench of the old twentieth judicial circuit of Virginia, was a native of Ohio, received his early education at the Jefferson college, now the Washington and Jefferson college, Penn., where he graduated in the fall of 1824. He then studied law under the late William B. Hubbard, at the time a prom- inent and successful lawyer at St. Clairsville. He was admitted to the bar in the fall of 1826, when he went to Richmond to improve his studies, returning to St. Clairsville in 1828, where he practiced until 1837. He came to Wheeling in 1837, and entered upon the practice of law, succeed- ing therein until his election to congress, in 1851. He was appointed in a joint commission with Mr. William Green and Mr. William C. Reeves on the part of Virginia, and Messrs. Thomas Ewing, John Brough and James Collins for Ohio, to settle the jurisdiction of the Ohio river between the two states named. He was appointed United States district attorney by President James K. Polk, between 1844 and 1848, whence, the following year, he was elected to the judgeship in the twentieth judicial circuit, and ably officiated in circuit and district courts. During his term in congress, the judge introduced a bill and secured its passage in opposition to a previous decree by the supreme court of the United States for the abatement and removal of the Wheeling bridge. This was a most important achievement, and probably one of the finest constitutional distinctions ever made be- tween legislative and judicial power, as it set aside the effect of a judicial decree of that court by an act of congress, and secured the
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foundation for all future legislation on crossing navigable streams in the United States. In 1860, our subject was re-elected to the judge- ship in the circuit and district courts of Virginia by a majority of two to one over his opponent, Mr. Berkshire. He held the office till July, 1861, when his removal was effected in consequence of a refusal to take the oath of office to support what he conscientiously believed to be the unconstitutional actions of those who undertook to set up the present state of West Virginia. In addition to his distinguished ser- vices on the bench and in congress, Judge Thompson was the author of several works of literary merit. In 1866 there was issued from the press under his name, "The Living Forces." This was followed by others, and much manuscript was left unpublished at the time of his death.
Judge Ralph L. Berkshire, of Monongahela county, Va., who pre- sided at the circuit courts in Wheeling from the fall term of 1861 till the spring of 1863, is a gentleman of superior literary and legal at- tainments. He was after his retirement from the circuit bench ele- vated to a place on the court of appeals of West Virginia. He re- sumed the practice in the above named county, and is widely known as an accomplished gentleman and an able lawyer.
Judge E. H. Caldwell, of Moundsville, was elevated to a position on the bench of the first judicial circuit in 1863, under the new state gov- ernment. He was a descendant of the old Caldwell family, being the son of Judge Alexander Caldwell, a prominent attorney early in the century. E. H. Caldwell was a native of Brooke county, W. Va. After obtaining the rudiments of an education he was sent by his father to take a special course in one of the New England colleges. After leaving college he came to Wheeling and married a Miss Mc- Mechen, and located in the practice of law in Moundsville. At the organization of Marshall county he was appointed the first common- wealth's attorney. He was subsequently elected clerk of the court, which position he resigned to accept a place on the bench. He served in the latter capacity until his death, which occurred in 1869. Judge Caldwell was neither a great lawyer nor a profound jurist. On the bench he was impartial and just, and while not a widely read lawyer, he was considered a successful judge, and what he lacked in legal attainments he made up in good sense and sound judgment.
Judge Thayer Melvin, a native of Hancock county, W. Va .; was ad- mitted to the practice of law in said county, in 1853, some time before reaching his majority. He was elected prosecuting attorney in 1855, and was re-elected and served several terms very acceptably to the people. While serving in the capacity of prosecuting attorney for Hancock county, he removed to. Wheeling and became the junior member of the law firm of Pendleton & Melvin, attending regularly, however, the courts of his native county. In 1861, Judge Melvin, in response to his country's call, exchanged his law books for the musket and entered the volunteer army as a private. He served until the close of the war, the greater portion of the time as adjutant general of the department of West Virginia, commanded by different general
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officers, viz .: Kelley, Seigel, Hunter, Crook, Emory; and was on Gen. Sheridan's staff in the Shenandoah campaign of 1864. In 1866 he resumed the practice of law at Wellsburg, and in the same year was nominated and elected attorney general of West Virginia, and re- elected in 1868. Before the expiration of his second term he resigned the office of attorney general and was appointed judge of the first judicial district of West Virginia to fill vacancy caused by the death of Judge Caldwell, and by being twice re-elected he served on the bench until 1881, a period of twelve years. Since his retirement from the bench he has been actively engaged in the practice in the different courts, being a member of the firm of Ewing, Melvin & Riley. Judge Melvin did not have the advantage of a classical education that is vouchsafed to most young men entering the law, but by a course of reading which he has systematically pursued he is familiar with the best English writers of the day. To all the positions of honor to which he has been elevated, he has brought a well trained mind. He is safe and cautious in his practice-on the bench he was most pains- taking, and his decisions were reached only after the most careful research. If he had a fault, it was that of over cautiousness. He is regarded as an able and erudite lawyer, an impartial and honest judge.
George E. Boyd, who has served both the county and circuit on the bench, came to Wheeling, from Ohio, his native state, when but ten years of age. His elementary education was secured in the public schools of Wheeling, and Linsly institute. This was supplemented by the completion of a classical course at Washington college, Penn. After a thorough course of reading, he entered the Cincinnati law school, where he received his degree in 1860. He rose rapidly in his profession. In 1876 he had attained a position which justified the the people in elevating him to the judgeship of the Ohio county court. He held this position until the abolition of said court. In 1880, although his party was largely in the minority, he was elected judge of the first judicial circuit of West Virginia. His term in this posi- tion expired January 1, 1889. Judge Boyd's service upon the bench has been in every way creditable to him, and has added to the laurels won by him as an attorney. Of the highest integrity, with a clear grasp of the principles he is called upon to apply, and with an abiding sense of the righteousness of even-handed justice, he has earned a reputation as a judge who has rendered more than ordinary service to the commonwealth. His opinions are always given without hesi- tation, his decision short and pointed, and the records of the supreme court show that his decisions were not often reversed.
Ex-Gov. John J. Jacobs, who was for seven years judge of the first judicial circuit, is a descendent of an old Maryland family who gained much prominence in the Indian wars, and the war for independence. After receiving an academic education he entered Dickinson college, Penn., from which institution he graduated in 1849. For eight years he filled the chair of political economy in Missouri university, and be- gan the practice of law in Columbia, Mo., but in 1864 he returned to his native county of Hampshire, W. Va. The field of politics was in-
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viting at that time to the young lawyer, and he was honored by his county by an election to the house of delegates. His reputation as a lawer of ability gave him prominence early in his legislative career, and long before the session closed he had shown himself the peer of the ablest statesman of the body. In 1870 he was nominated and elected governor of West Virginia by the democratic party and re- elected under the constitution of 1872. His acts are a part of the history of the state and need not be mentioned here. As a lawyer and a judge Gov. Jacobs deserves to be classed among the ablest of those who have practiced at the bar or sat upon the bench of the first judicial circuit. He is a careful, wise and safe counselor, an advo- cate earnest, convincing, and effective, a judge of the strictest honesty and integrity. He has a mind well grounded in the element- ary principles of the law, and has exhibited a wonderful familiarity with the rules governing practice. His decisions were reached after the most careful and exhaustive research into the authorities bearing on the cause, and if the members of the bar considered him at times tedious he was rewarded in the end by the large per cent. of affirmed decisions by the higher court.
Joseph R. Paull, a member of the bar of Wheeling, was nominated in 1888, by the republican party, for the office of judge of the circuit court for the First judicial district of West Virginia, and was elected, and this position of honorable distinction he now fills in a worthy manner. Judge Paull was born in Fayette county, Penn., December 9, 1848. His collegiate education was received at Washington and Jefferson colleges, where he attended two years, and in Lafayette col- lege, where he was graduated in 1871. Selecting the profession of law as his vocation, he began the study with Daniel Kane, of Union- town, Penn., and a year later he entered the Columbia Law college, where he pursued his studies for one year. In September, 1875, he was admitted to the bar at Uniontown, Penn., and on the 15th of the following December, he removed to Wheeling, and was admitted to the bar. He then began the practice of his profession in that city, in which he met with success, and both as a professional man and as a citizen gained the esteem of the community. Judge Paull is a close student, a man of the strictest integrity, and has, by his dignified bearing and gentlemanly demeanor, won the confidence of his constituents.
Hon. John A. Campbell, at present one of the associate judges of the first judicial circuit, was elevated to the bench in 1888. His prac- tice as an attorney was confined to the various courts of upper Ohio valley, in which he had gained an enviable reputation as an advocate of much force and eloquence. His career upon the bench has been too brief to justify the writer in giving an estimate of his ability as a judge, further than to say that he has the entire confidence of the bar and the public.
Hon. Robert H. Cochran was admitted to the bar before the supreme court of Ohio in 1860. He first located in the practice of his profes- sion at Martin's Ferry, Ohio. After serving his native county of Bel-
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mont as prosecuting attorney, he removed to Wheeling in 1869 and associated himself with Hon. Daniel Peck in the practice. His knowl- edge of railroad law soon made for him a reputation which secured his appointment as general council of the Wheeling & Lake Erie Railroad company. In 1873 he associated himself with Hon. W. P. Hubbard in the practice of law, which partnership was terminated by his elevation to the bench of the county court. He served four years, having refused re-election. Upon his retirement from the bench the bar of Wheeling adopted the following flattering testimonial which speaks in unmistakable terms of his character and efficiency as a judge and the estimation in which he is held as a citizen:
"Whereas, It is desirious on the part of the members of the courts to indicate to the Hon. R. H. Cochran, on his retiring from the bench, the esteem and respect in which he is held by us.
" Resolved, By the members of this bar of this county, that the many virtues which adorn the character of the Hon. R. H. Cochran, and which have shown conspicuously in his character as judge of the county court during the four years last past, have established for him the character of an able and upright judge, a courteous and accom- plished gentleman and a sincere friend.
" Resolved, That on his retirement the bench loses one of its bright- est ornaments and most honored examples of impartiality, firmness and all that goes to make up the perfect character of a just judge."
Judges of the Municipal Court .- Moses C. Good, for many years prosecuting attorney of Ohio county, is remembered for the zeal and ability that he always brought to the discharge of his official duties. He was a terror to evil doers, and in the discharge of his official obli- gations he knew neither friend nor foe. He was well versed in the law, and in the trial of causes he was the peer of any member of the bar, especially if arraigned on the side of the prosecution. He was a plain but forcible speaker, and never failed to hold the attention of his auditors. He began the practice in Wheeling in 1826, and in 1846 he served the city as mayor for one year, refusing to receive any pay for his services. In May, 1865, he was elected judge of the municipal court, which had been created by an act of the legislature. He served for nearly eight years, and until his death, which occurred in 1873.
Judge Gibson L. Cranmer, his successor, is a native of the Buckeye state, from whence he came to Virginia. He read law in the office of Daniel Lamb, Esq., for eighteen months, and then located in Springfield, Ill., in the practice of his profession. There he traveled the circuits, attending the courts in company with Abraham Lincoln, Stephen A. Douglas, Judge Logan and many others who became dis- tinguished in the history of the state and nation. He returned to Wheeling after a few years in the west, and has ever since been in the practice of his profession, save while on the bench. He was elected to the legislature of Virginia, as a representative of the American party, in 1855, and in that body he was recognized as a valuable member. He was secretary of the famous convention of May, 1861, also of the convention that met June IIth, of same,
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and clerk of the house of delegates under the restored government. He was for some time attorney for the city of Wheeling. In 1873 he became judge of the municipal court, which position he held for eight years. His energy and ability made for him the reputation of being a judge of unimpeached integrity and uniform impartiality.
Hon. George W. Jeffers, who was the last to occupy the bench of the municipal court of Wheeling, is a native of Wheeling, and was ad- mitted to the practice of law when quite young. He has received from the city of Wheeling, many evidences which attest the regard in which the people have held him. He was for many years, attorney for the city, and in 1871, was elected mayor, and served four years very acceptably to his constituents. He was elected judge of the mu- nicipal court in 1881, and remained on the bench until the court was abolished in 1889.
Alexander Caldwell, for many years on the bench of the district federal court, was a native of New Jersey, born in 1774. He came to Virginia and became a student of the law in the office of Philip Doddridge, at Wellsburg. He was admitted to the practice in Wheeling in 1816, and for eight years was very active in the practice. On October 8, 1825, he received the appointment of judge of the western district of Virginia, and his commission, which is now in posession of the family, bears the signature of John Quincy Adams. Judge Caldwell served with much success and credit until his death, which occurred April I, 1839.
The late Judge James Paull was one of the most prominent mem- bers of the old Wheeling bar, and enjoyed a wide-spread reputation as one of the profound jurists and able public men of West Virginia. He was the only resident attorney who was ever elevated to a place on the supreme bench of the state. He was born in Belmont county, Ohio, in 1818, the son of George and Elizabeth Paull. He was thoroughly educated in childhood and youth, and after completing preparatory studies at Cross Creek, Penn., he entered Washington college, in that state, at which he was graduated in June, 1835. He then came to Wheeling, and choosing law as his profession, read in the office of Z. Jacob, and finished his legal studies in the law depart- ment of the university of Virginia. Nearly the whole of his career as a lawyer and public man was spent at Wheeling, where he was locally esteemed as an estimable citizen. In 1872 he was elected a justice of the supreme court of appeals of West Virginia, a high position, which he filled with honor and credit, performing its laborious duties with an industry and application that fatally impaired his health. His decis- ions, rendered during this period, rank with the permanent and valuable contributions to the law of the state. Judge Paull also rep- resented Ohio county, during two terms, in the state legislature. He died May II, 1875.
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CHAPTER XVI.
NEWSPAPERS -THE PRESS OF WHEELING- HISTORY OF THE WELLSBURG PRESS -NEWSPAPERS OF MOUNDSVILLE - HANCOCK COUNTY PRESS.
COMPLETE and detailed history of the press of Wheel- ing from the time of the establishment of the Repository, which would include the names, proprietors and dates of establishment and suspension, with something of the character of each, is quite beyond the possible. Indeed it is doubtful if the mention of the many of that ephemeral class would be of interest or value. The Repository, Times, Ga- zette, Telegram, Virginian, Young America, Advertiser, Union, Argus, Press and News, and others all, after a short existence, ceased publication. Of the few papers of Wheeling that have stood the trials of a generation, the Intelligencer is conspicuous. It began its existence during the presidential campaign of Gen. Scott, in the sum- mer of 1852. Although many times financially embarrassed, its friends always came to the rescue, and today it is one of the substantial and influential journals of the country. It was first published by Swear- ingen, Taylor & Co. Taylor was city editor, and J. H. Pendleton editor in chief. In 1855, Z. Beatty became a member of the firm, which afterward was styled Swearingen, Beatty & Co. In the same year Swearingen and Taylor retired from the firm, J. H. Pendleton succeeding to their interest. Taylor continued in the capacity of city editor until 1856, when Hon. A. W. Campbell became his successor. Mr. Campbell and John F. McDermot bought the paper in 1856, and with them it became the strongest advoocte of the principles of the republican party in all the south, and it is said was the only daily paper in the state of Virginia that openly advocated the first election of Abraham Lincoln. It strongly supported the administration of Lincoln and the cause of the Union, and was one of the most potent factors in the division of the state of Virginia. In 1866, McDermot sold his interest to Col. John Frew, G. D. Hall and L. A. Hagans. Mr. Campbell retired from the paper in 1868, but in the fall of 1873, he and Mr. Frew became sole proprietors under the firm name of Frew & Campbell. This partnership continued until the fall of 1882, when Mr. Campbell sold one-half of his interest to C. B. Hart, and the firm became as now, Frew, Campbell & Hart. Mr. Frew has for nearly a half a century been connected with the Intelligencer, and it is largely due to his energy and ability in the business management of the paper that it has taken a high place among its contemporaries. Mr. Camp- bell does not at this time take any active part in the management of the paper, but his name and pen have won for his paper a high place
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among the able journals of the country. Mr. C. B. Hart is at present managing editor. His experience in the newspaper work has been varied and extensive. For years he was connected in different ca- pacities, either as reporter, editor or correspondent, of many of the metropolitan journals of the east, but it is perhaps as a correspondent that he excels.
George A. Dunnington is assistant editor, Will S. Farris and John E. Day, telegraph editors.
The company now publishes a daily, semi-weekly and weekly, and have in connection one of the best equipped job offices in the state.
The Wheeling Register .- The Union, a live journal, which ceased to be published under that name shortly after the beginning of the civil war, was succeeded by the Press. The last named paper, although short lived, was a paper of considerable influence. These journals were the predecessors of the Register, which began publication in the summer of 1863. The first issue made its appearance July 9th of that year, and much of its space was devoted to war news. Lewis Baker bought the material of the News from Henry Moore, and with the facilities thus supplied began the publication of the Register. It was established as the organ of the democratic party, and its bold and fearless advocacy of the doctrines of that party, and its criticisms of the conduct of some of the leading generals of the Union army, brought down the wrath of the "powers that be," and Mr. Baker and O. S. Long, the latter then part owner, were arrested and committed to military prison. After two months the prisoners were unconditionally released by order of Major-General Sheridan. The paper soon com- menced publication again with renewed energy and encouragement, and it is due to Mr. Baker to say, that had it not been for the energy expended, the courage displayed in fighting the enemy, and the shrewdness in the business management, the paper could never have passed through the trying ordeal of the sixties. Mr. Baker is now the proprietor of the St. Paul Globe, and deserves to be classed among the able journalists of his time.
The West Virginia Printing Co. purchased the property from Mr. Baker and took control in 1884 with J. A. Miller as president of the company; James B. Taney, general manager and editor, and Will- iam J. Johnson, superintendent of job department. The business ex- perience which Mr. Taney brought to the management of the Register, as well as his ability as a writer, has been the greatest factor in the success of the paper. It is now, as it has been from its establishment, the leading democratic paper of the state. Its circulation is large, and its scope of usefulness to its state in bringing before the world the natural resources and hidden mineral wealth of West Virginia, has, perhaps, been greater than that of most of its contemporaries. The city editor of the Register, at the present time, is Mr. W. C. Beans, a bright newspaper man, to whom much credit is due for the popu- larity of the Register as a local paper. He is assisted by W. W. Whitmyer.
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