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. II pt 2 > Part 50
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Medical Organisations -- The Belmont County Medical Society. - The second organization of the medical practitioners of Belmont county. took place February 30, 1847, at St. Clairsville. The first entry upon the journal of this society reads;
" In pursuance of public notice to that effect there was a meeting of physicians of Belmont county at the National House, in the town of St. Clairsville, on the 30th ult., when on motion the meeting was or- ganized by appointing Dr. Schooley, of Loydsville, chairman, and Dr. Holloway, secretary."
The first motion after this temporary organization was to appoint a committee of three "to draw up a fee bill of rates and charges to govern all members." Drs. William Estep. C. Schooley and L. Schooley, committee. The next motion was for a committee "to draw up a code of ethics to govern the society." Drs. H. West, J. Alexander and James McConahey, committee. Then a motion was made to raise a committee on constitution and by-laws, and Drs. A. Hewetson, T. I. Holloway and S. Walker were appointed the com- mittee. The next day the committee reported a constitution, the pre- amble to which declares that "we, the undersigned, practitioners of physic and surgery, in the county of Belmont and vicinity, as well for
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the purpose of promoting harmony and good fellowship, as of elevat- ing the cause of the medical science and its collateral branches, asso- ciate ourselver under the following constitution." The constitution has ten articles and is signed by the following names: Ephraim Gas- ton, Isaac Hoover, Beriah L. Steele, Z. T. Bethel, Lindley Schooley, John T. Mackall, John Campbell, Robert Hamilton, William Schooley, J. T. Murphy, Josephus Walker, Leander J. Dallas, P. R. Chapman, John G. Affleck, Theodore I. Holloway, John Alexander, John A. Weyer, Daniel L. Pratt, William Estep, Hiram G. Judkins, Thomas Irwin, Ephraim Williams, Clarkson Schooley, P. L. Ramage, William Milligan, P. II. Mulvaney, Henry West, Samuel Livingston, James D. Coleman, Caleb II. Cope, S. B. West, William N. Drake, David Tid- ball, James D. Wright, E. P. Birdsong, John Davis, Harrison Wilson, William W. Watters, James M. McConahey. I. T. Updegraff, George Lisle, Jesse Bailey, B. T. Cash, William Wilson, Thomas N. Flan- nerty, Joseph Hewetson, I. G. Stenlair, J. W. Warfield, Merwin K. Wright, W. T. Sinclair, William McMasters, Israel Weirich, Joseph Gaston, Wiloughby Doudna, Milton W. Jenkins. The first officers elected were: Ephraim Gaston, president: John Campbell, vice pres- ident; Ilenry West, secretary; Josephus Walker, treasurer; John Alex- ander, librarian; censors, Drs. Hewetson, Hearvy, Estep, Weyer and Tidball.
In 1851 this society published an interesting volume containing the proceedings of the society from its origin, its constitution and by-laws, and many valuable essays, but only 260 copies were published, and it is almost impossible to find one now. The work was published by Dr. J. G. Affleck, of Bridgeport.
The last election of officers by this society occurred at Belmont, April 16, 1867, and resulted in the election of Dr. Lindley Schooley, president: Dr. Ephraim Williams, vice president; Dr. Henry West, secretary; Dr. Ephraim Gaston, treasurer, and Drs. C. Judkins, I. T. Mackal! and J. S. Bailey, censors.
The last meeting of this association was held at Barnesville, Janu- ary 20, 1859, at which " the nature, cause and treatment of typhoid fever " was the special subject of consideration, and after what was called "a very animated discussion," the chairman appointed Dr. J. Hoover to prepare an essay on " Inflammation," and Dr. E. Gaston one on " Typhoid Fever," and the society adjourned, " to meet in Bel- mont, on the third Thursday of April next," and there the record ends. It is generally supposed that the approval of the war and conditions con- nected with it was responsible for the suspension, but others attribute it to an attack made upon Dr. Henry West, for the recognition of a young practitioner, by a consultation with him, and the excite- ment incident to the controversy.
The Medico-Chirurgical Society of Eastern Ohio .-- This organization, as its name implies, was not a Belmont county affair, but embraced the members of the medical profession from several counties, includ- ing Belmont, Jefferson, Harrison, Guernsey and Monroe. It was organized at Bellaire in 1870. Its constitution, by-laws and code of
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ethics were very similar to those of the Belmont County Medical so- ciety, and copied after those of the National Medical association.
Dr. A. Il. Hlewetson, of St. Clairsville, was elected its president, and Dr. John West, its secretary. Its meetings were held regularly for several years and attracted considerable attention because of its inter- esting essays and discussions, and was frequently attended by leading physicians of Wheeling and other places.
Its official record could not be secured, and the facts given are from those who were members. Its last meeting was held in 1883.
Dr. W. S. Fisher, of Bridgeport, who was treasurer of the organi- zation, furnishes the following as the list of its members:
Doctors A. II. Hewetson, M. W. Junkins, John Alexander, S. T. Sat- terthwait, C. E. Kurtz, John Cook, T. C. Hoover, A. Grafton, Samuel Levingston, N. R. Coleman, John A. Hobson, P. R. Chapman, L. J. Baker, J. M. Todd, W. S. Fisher, E. W. Inskip. J. A. Hawthorn, John E. West, 1. G. Mccullough, M. Sanders. A. G. Mccullough, James A. Judkins, E. B. Yost, M. D. Hill, George Yost, H. Cape- hart, B. H. Mackall, George Anderson, Van Wagner, Woodbridge, Addison Schooley and Pierce.
Belmont County Medical Society .- December 5. 1885, in response to a call signed by Drs. A. H. Hewetson, T. C. Parks, and twenty other practicing physicians of Belmont county, a meeting was held at Mor- ristown, at which Dr. A. J. Hlogue presided, and Dr. J. A. Hobson acted as secretary. At this meeting a resolution was passed, adopting the constitution and by-laws of the extinct " Medical Cherurgical Society of Eastern Ohio," and the new society was named the Bel- mont County Medical society, and the following officers elected: President, Dr. A. J. Hogue; vice president, Dr. William Estep; secretary, Dr. J. A. Hobson and treasurer, J. A. Judkins.
The following is a list of members of this organization: John Alexander, A. H. Hewetson, C. C. Whitsitt, J. S. Mcclellan, W. R. Clarke, J. A. Hobson. G. A. Close, W. E. Hervey, J. W. Cooper, A. J. Heinlein, T. C. Parks, G. H. Colvitt, D. S. Walker, J. C. Workman. John Cooke, J. A. Clark, J. M. Blackford, J. D. Hlobensack, B. . 1. Williams, Israel Weirich (deceased ), V. Wagener, J. S. Boone, J. Park West, G. T. Anderson, W. S. Fisher, W. E. Thompson, C. E. Kurtz. W. B. Shuttleworth, J. A. Spence. William Estep. D. W. Long. J. V. Webster, A. I. Korner, G. S. Wellons, Joseph Piersol, S. T. Gregg, S. L. West, D. W. Boone.
This organization has met regularly and maintained an active exist- ence. At each session members previously designated, deliver ad- dresses or write essays upon specified subjects, and discuss current questions of interest to the profession. The present officers are: President, Dr. J. A. Hobson, of Flushing; vice-president, J. S. McClellan, of Bellaire; treasurer, G. H. Colville; secretary, A. J. Heinlein, of Bridgeport.
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HISTORY OF THE UPPER OHIO VALLEY.
CHAPTER X.
BY COL. C. L. POORMAN.
THE BENCH AND BAR OF BELMONT COUNTY -- PROCEEDINGS OF FIRST COURTS - FIRST COURT IN ST. CLAIRSVILLE - FIRST JURIES - A UNIQUE VERDICT --- SPEEDY JUSTICE -FIRST CONVICT FROM BELMONT COUNTY -- CHANGES IN THE COURTS - JUSTICES OF TERRITORIAL COURTS --- JUDGES AND ASSOCIATE JUDGES OF BELMONT COUNTY -- COMMON PLEAS JUDGES - JUDGES OF DISTRICT COURTS -- BELMONT COUNTY BAR - SKETCHES OF REPRESENTATIVE MEMBERS - PRESENT MEMBERS OF THE BAR.
NDER the territorial government the judicial power was vested in the justices of the peace, in general quarter sessions of the peace, composed of all the justices of the peace of the county, and in a territorial circuit court. The first court of quarter sessions of the peace, convened at " Pultney." in Pultney township, the original county seat of the county, on Tuesday, November 24, 1801, David Lockwood, Daniel McElherren and Jabob Repshire, composing the court. This court then exercised not only the judi- cial power of the county but also the civil administrative power, and at this term divided the county into townships and election districts, licensed tavern keepers, authorized the location and opening of roads. appointed constables, tax appraisers, and treasurer, and examined and ordered paid all bills against the treasury. Charles Hammond was appointed prosecuting attorney, subject to the approval of the attorney general of the territory, which approval occurred carly in 1802. At the February term of that year, the court quashed an indictment returned by the grand jury, against Jacob Repshire, one of the magis- trates who held court the previous year, for " assault and battery." This offense frequently occupied the time of the grand jury and courts at that carly date, and Jacob was indicted twice during 1802, for his pugilistic demonstrations.
When Ohio became a state, the jurisdiction of justices of the peace was restricted almost to the present limits, and in 1804 the general quarter sessions gave way to the court of common pleas, which trans- acted the judicial business, and the board of county commissioners was created and given the civil administration, and these have re- mained, with slight changes, ever since. The first terms of the quar- ter sessions and the county court held at St. Clairsville, to which the county seat was removed in the winter of 1803-4, convened April 16, IS04. The journal entry of the opening of this term is as follows:
"Supreme court held at St. Clairsville, in and for the county of Belmont, on the 16th day of April, in the year of our Lord one thou-
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sand eight hundred and four, by the HIonorables Return Jonathan Meigs, Samuel Huntington and William Spriggs, esquires, judges of the same."
At this term of the court the grand jury indicted Peter Sunderland for the murder of John Holtz. The "true bill" was returned April 17th, and a petit jury was empaneled and sworn on the 18th, that on the same day returned their verdict, that, "having heard the evidence and argument of counsel," they, "upon their solemn oaths and affir- mations do say that Peter Sunderland is not guilty of the murder of John Holtz in the manner and form as in the indictment is charged against him, but that the said Peter Sunderland, Jr., is only guilty of feloniously killing and slaying the said John Holtz." On the 19th day of April, John Sunderland was brought into court, and having nothing to say against the verdict or reasons to assign why the sent- ence should not be pronounced, the judge said: " It is considered by the court that the prisoner be branded in the left hand, and pay the jury, witnesses, clerks and sheriff's costs, and stand committed until sentence is performed." The prisoner assigning no reasons why sentence should be respited, he "was taken out on Main street by Jacob Coleman, sheriff, and in front of the Hamerly property, where Holtz had been killed, and there branded in the hand by said sheriff." This may have been premature justice, but it was speedy, and under our present system of the law's delays, special venires, assistant pros- ecutors, long-drawn-out technical and expert testimony, endless speeches, and debating-society juries, it takes very many more than three days to indiet, try, convict, sentence and punish for " feloni- ously killing and slaying" another.
In 1809, at the August term of court, a negro named " Cuff." was found guilty of stealing. Ile had broken into a store and stolen goods to the amount of $2.50. lle was sentenced to receive twenty lashes on the bare back, pay the value of the goods stolen, and be imprisoned one day." The whipping was duly administered. The first convict sent from the county to the penitentiary was Thomas Hammond, indicted and tried in December. 1815, and sent for eigh- teen months. Under the constitution of 1802, the legislature pro- vided for supreme, district and common pleas courts. The judges of the district and common pleas courts were appointed by the gov- ernor. A presiding judge and three associate judges constituted the court of common pleas, and the latter, although generally not law- yers frequently overruled the presiding judge in rending decisions.
The constitution of 1850 provided for the election of judges, and the laws under it divided the state into judicial districts, and the districts with subdivisions, each of which was to have a common pleas judge who held the common pleas court in his subdivision, and all the common pleas judges in a district constituted the district court; presided over by one of the judges of the supreme court of the state generally, but not always, until relieved from the duty by law in 18;2.
A constitutional amendment in 1884, created a circuit court to take the place of the district court making of it a new and distinct court, 51-B.
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and the legislature divided the state into seven judicial circuits, since increased to nine.
The following is a list of the judges who have held these various courts in Belmont county, and as no such list has ever been before published this will prove interesting:
Fustices of Territorial Courts .- The courts of quarter sessions held at "Pultney," in 1802-1803, were held by David Vance, David Lock- wood, Daniel McElherren, William Vance, John Farris, Elijah Mar- tin, Thomas Thompson, Sterling Johnson, Joseph Sharp, James Alexander, Esqs., Calvin Peas, presiding judge.
Judges and Associates of Common Pleas Courts. - 1803-9, Hon. Calvin Pease, presiding judge; David Lockwood, James Vance and James Alexander, associate judges; 1810-15, Hon. Benjamin Ruggles, pre- siding judge; John Patterson, James Alexander and John Wiley, associate judges: 1815-16, Hon. George Todd, presiding judge; James Alexander, John Wiley and Joseph Anderson, associate judges; 1617-22, Hon. Benjamin Tappan, presiding judge; James Alexander, Joseph Anderson and Edward Brison, associate judges; 1823-24, Hon. Jeremiah Hallock, presiding judge; John Bryson, John Wiley and Alexander Armstrong, associate judges; 1825-29, Hon. Jeremiah Hallock, presiding judge; Josiah Dillon, John Wiley and Alexander Armstrong, associate judges; 1830-33, Hon. Jeremiah Hallock, pre- siding judge; John Wiley, George Sharp and Josiah Dillon in 1830-31, and John Davenport in place of John Wiley in 1832-3, associate judges: 1634-35. Hon. Alexander Harper, presiding judge; George Sharp, Josiah Dillon and John Davenport, in 1834, and James Alex- ander for Josiah Dillon, in 1835, for associate judges; 1836-39, Hon. Corrington W. Searle, presiding judge; James Alexander, Ilugh Rogers and James Campbell, associate judges, 1836; Robert E. Caruthers in place of James Alexander in 1837-38, and Ilugh Rogers, James Campbell and William C. Kirker, associate judges in IS39; 1840-47, Hon. William Kennon, presiding judge; George W. Ilazen, William Wilkins and Jesse Barton, associate judges; 1848-51, Hon. Benjamin S. Cowen, presiding judge; associate judges, 1848, George W. Hazen, William Wilkins and Jesse Barton; 1849-50, William W. Waters in place of George W. Hazen; 1851, associate, Robert Mc- Masters and R. E. Caruthers; 1852-56, common pleas judge elected, Robert J. Alexander: 1857 -65. common pleas judge elected, John W. Okey: 1865, by appointment on resignation of J. W. Okey. Daniel D. T. Cowen: 1866 67, unexpired term of J. W. Okey, William Ken- non, Jr .; 1867-71, unexpired term of J. W. Okey, John S. Way; 1871, unexpired term of J. S. Way, deceased, St. Clair Kelley: 1872-76, un- expired term of J. S. Way, deceased. Robert E. Chambers; 1877-81, unexpired term of J. S. Way, deceased, William Okey; ISS2-86, unex- pired term of J. S. Way, deceased, St. Clair Kelley; 1887-91, unexpired term of J. S. Way, deceased, John B. Driggs.
District Courts .--- 1852-53. Hon. Rufus P. Raney, supreme court; R. J. Alexander, Thos. J. Jewett and Richard Stillwell: 1854, llon. Robert Caldwell, supreme judge, others as above; 1855, William
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Kennon, Thomas Means, R. J. Alexander; 1856, R. J. Alexan- der, S. W. Bostwick, C. W. Seals, Lucius P. Marsh; 1857, S. W. Bostwick, Lucius P. Marsh; 1858, John W. Okey, S. W. Bost- wick, Lucius P. Marsh; 1859, John W. Okey. S. W. Bostwick, Na- than Evans, Lucius P. Marsh; 1860, Ilon. Milton Intliff, supreme judge; John W. Okey, Lucius P. Marsh; 1861, Hon. Jacob Brink- erhoff, supreme judge, John W. Okey, S. P. Bostwick; 1862, G. W. McElvaine, John W. Okey, Ezra E. Evans; 1863, Hon. J. Brink- erhoff, supreme judge, John W. Okey, Ezra E. Evans; 1864, Hon. Isaiah Scott, supreme judge, John W. Okey, Ezra E. Evans; 1865, George W. McElvaine, D. D. T. Cowen, Ezra E. Evans; 1866, Hon. John Welsh, supreme chief justice, G. W. McElvaine, William Kennon, Jr .; 1867, Hon. John Welsh, supreme chief justice, G. W. McElvaine, W'm. Kennon, Jr .; 1868, Hon. Jacob Brinkerhoff, supreme chief justice, G. W. McElvaine, John S. Way: 1869, Hon. Josiah Scott, supreme chief justice, Moses M. Granger, John S. Way: 1870, G. W. McElvaine, M. M. Granger, F. W. Woodard, John S. Way; 1871, William White, M. M. Granger, John II. Miller, John S. Way; 1872-3, F. W. Wood, William H. Frasier, John II. Miller, R. E. Cham- bers; 1874, William H. Frasier, Lucius P. Marsh. R. E. Chambers; 1875, William H. Frasier, John H. Miller, R. E. Chambers; 18;6, William H. Frasier, John H. Miller, R. E. Chambers; 187;, Will- jam Il. Frasier, L. P. Marsh, James Patrick, Jr., William Okey; I8;8. William H. Frasier, L. P. Marsh, William Okey; 1879, William H. Frasier, L. P. Marsh, William Okey; 18So-1, William II. Frasier,- James Patrick, William H. Bell, William Okey: 1882, William H. Frasier, James C. Hance, William H. Bell, St. Clair Kelley: 1883 -4. William H. Frasier, James C. Hance, William H. Bell, John S. Pearce. St. Clair Kelley.
Circuit Court .- 1885-90, William H. Frasier, Hamilton P. Wood- berry, Peter A. Larabic.
The Belmont County Bar .- The Belmont county bar long enjoyed the reputation of being among the ablest in the state, and many of its members rose to distinction in state and national affairs. The names of Charles Hammond, Benjamin Ruggles, Wilson Shannon, William Kennon, Sr., Benjamin S. Cowen, William Kennon, Ir .. Thomas Il. Genin, Hugh J. Jewett and others, are historical. They were not only able attorneys, who rose to distinction in their profes- sion, but men who have left the impress of their ability upon the his- tory of their state and country.
For nearly a quarter of a century Charles Hammond was a con- spicuous figure in the legal profession. He was appointed in iSor, by the first court of quarter sessions held in the county, the first prose- cuting attorney for the county, and his appointment confirmed by Arthur St. Clair, governor of the northwest territory. He served until 1804, and for many years afterward he was the leading lawyer of the county. lle was not only a lawyer of fine ability, but a ripe scholar and thinker, and his literary work, political writings and sub-
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sequent career as a journalist, place him among the ablest men of his time.
Hon. Benjamin Ruggles came to Belmont county, in 1812, as cir- cuit court judge. He was born February 21, 1782, at Woodstock, Conn. His father died when he was eight years of age. He gradu- ated at Brooklyn academy, and studied law with Judge Peters, of Hartford, Conn. He removed to Marietta, Ohio, in 1807. His fine legal attainments attracted attention in the state, and in ISIo he was elected by the legislature as presiding judge of the third circuit, to succeed Calvin Pease, and removed to St. Clairsville, where he resided until his death, September 2, 1857. He was not distinguished as an advocate, having none of the gifts of the orator, but as a consulting attorney he had few superiors. In 1815 he was elected by the legisla- ture to the United States senate, and was twice re-elected, and rendered valuable if not brilliant services to his state and country. He was president of the caucus held in Washington, that nominated Will- iam H4. Crawford, of Georgia, for the presidency, in the contest of 1824. when Clay, Adams, Jackson and Crawford were candidates. Ile enjoyed in an eminent degree the confidence of the senate, was for a long time chairman of the committee on claims, and was favorably spoken of in 1840, for the vice-presidency. At fifty years of age he retired from active political life and devoted his attention to his farm. He was a firm believer in Christianity, of liberal views and generous impulses, and greatly respected in his political, professional and pri- vate career.
Hon. Wilson Shannon was born in Belmont county, of Irish parent- age, February 24, 1802, the first white child born in Warren township. His father, George Shannon, was frozen to death in a great snow storm in 1803, and young Wilson was raised and educated by the la- bors of his older brothers and himself. He attended Athens college two years, and the Transylvania university of Kentucky two years. He studied law under Charles Hammond and David Jennings, at St. Clairsville, where he was admitted to the bar. He formed a partner- ship with William Kennon, Sr., which was one of the ablest law firms ever formed in the county. He was elected prosecuting attorney of the county in 1833, governor of Ohio in 1838, defeated by Hon. Thomas Corwin for re-election in IS40, but again elected in 1842. He resigned the position of governor, to accept an appointment as minister to Mexico under President Tyler. He returned to St. Clairs- ville in 1845, when diplomatic relations with Mexico were suspended, and in 1849 went with twenty-five others to California. In 1851 he returned to Belmont county, and was elected to congress in 1852. At
the close of his term he was appointed by President Pierce as gov- ernor of Kansas, but because of disagreement as to the territorial management under the great conflet between the friends of freedom and slavery in that territory, he was relieved at his own request, and was succeeded by Governor Geary, of Pennsylvania. He removed to Lawrence, Kan., when appointed governor, and resided there until his death in 1877. He visited his old home at St. Clairsville in 1875,
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and visited the homestead, and said: "I want once more to own the old home and come and spend my last days with my old friends and neighbors," but his great desire was not gratified, for in less than two years he passed to the other shore. He was first married to Eliza- beth Ellis, a sister of Mrs. Judge Kennon, by whom he had one son, James, who died. Ile afterward married Miss Sarah Osborn, of Cadiz, Ohio, by whom he had four sons, and three daughters, only one son and three daughters survive him. Governor Shannon was a great student, a profound lawyer, a courteous practitioner, a dignified gen- tleman, and affable, pleasing and entertaining in his social relations.
Jacob Nagle was the first resident lawyer at St. Clairsville. He came from Bedford, Penn., in 1802, and succeeded Charles Hammond as prosecutor in 1804. serving until 1808. He was a classical scholar and eloquent orator, but addicted to the use of strong drink he failed to enlist the confidence of the people, and other lawyers with far less ability obtained the cases, and frequently advised with Nagle as to in- tricate and difficult points of law involved.
David Jennings was a member of the Belmont county bar, admitted in 1813. Appointed prosecuting attorney in 1815. and served until 1825. He was elected to congress in 1825, serving one term.
William B. Hubbard removed to St. Clairsville in 1Szo, served as prosecuting attorney from 1825 to 1833, and removed to Columbus where he accumulated a fortune.
Thomas H. Genin, born in Suffolk county, Long Island. in 1,96, studied law in New York, and was admitted to the bar in that city in 1816 at the age of twenty. He married Miss Ann Hilliard, of Ran- dolph, N. J., that year, and removed to St. Clairsville in 1817, where he died in 186S. He was master commissioner for twenty-six years. and an able counselor for fifty years. He was a literary man as well as a lawyer, and has written a number of papers and several poems, including his "Napolead." He was buried at St. Clairsville, and his nephew has placed a fine life-sized statue over his grave.
William Kennon, Sr., removed with his parents to St. Clairsville in 1822; was educated at Athens' college, studied law under William B. Hubbard, and was admitted to the bar of the state in 1827. He was married that year to Mary, daughter of Ezer Ellis, at that time sheriff of the county. In 1828 he was elected to congress, was defeated in 1832 by James M. Bell, of Guernsey county, and in 1834 was again elected. serving until 1837. In 1840 he was elected judge of the fifteenth judicial circuit and served ten years. Ile was a member of the con- stitutional convention in 1850 and was president of the commission that formed the present code of civil procedure. His great ability as a lawyer gave him a large and laborious practice, not only in this county, but in this and adjoining states, and it was while engaged in an important suit at Wellsburg. W. Va., in 1866, that a partial paraly- sis of his right side disabled him for the further practice of law, and he lived a quiet life until his death in 1888, in the ninetieth year of his age. There was no better or kinder friend to the students in the St. Clairsville schools, and the young lawyers at the bar, than Judge
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