History of the city of Toledo and Lucas County, Ohio, Part 102

Author: Waggoner, Clark, 1820-1903
Publication date: 1888
Publisher: New York and Toledo : Munsell & Company
Number of Pages: 1408

USA > Ohio > Lucas County > Toledo > History of the city of Toledo and Lucas County, Ohio > Part 102

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Soon after his arrival in Toledo, Mr. Way formed a partnership with Richard Cooke, a young lawyer from Connecticut, who died in 1839, very highly respected. Mr. Way then entered into like connection with Daniel McBain, now (1888) a resident of Chicago, which continued until Mr. Way left Toledo, in 1846. He had been the Mayor and a Council- man of the City. Going to Defiance, he be- came a partner with Wm. Sheffield in practice. In the winter of 1847-8, Mr. Way was elected

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HISTORY OF TOLEDO AND LUCAS COUNTY.

President Judge of Common Pleas Court for the District, and continued as such until the office was abolished by new Constitution in 1851.

In 1838, two young men came from Norwalk to Toledo, and in a card announced their inten- tion there to practice law. They were John R. Osborn and Myron H. Tiden. The firm was Tilden & Osborn, and it at once assumed a prominent place in the profession. Mr. Osborn, however, did not remain long here at that time. Ile had served as Clerk of the Senate of the State for the session of 1837-8. In the fall of 1839 he returned to Norwalk. There he entered into a partnership with Courtland L. Latimer, under the firm name of Latimer & Osborn. In November of that year he was married at Columbus, with Miss Elizabeth P. Ilartwell, a most accomplished and estimable woman who was universally beloved during the 10 odd years of their married life, when she was called to her Maker.

Mr. Osborn was born at Circleville, Ohio, April 1, 1813. lle was the eldest son of Ralph Osborn, who was Anditor of State from 1816 to 1833, and quite prominent in State affairs at that period. Mr. Osborn graduated at the Ohio University at Athens in the fall of 1831, and entered the Law Department of Transyl- vania University at Lexington, Kentucky. He was also a member of the first class of the Law School at Cincinnati, under the instrue- tion of Judge John C. Wright and Timothy Walker; was admitted to the Bar at a term of the Supreme Court held in Jackson County, in April, 1834. He moved to Norwalk, Huron County, in the fall of 1835, and there formed a partnership with Orris Parish, then one of the prominent lawyers of Columbus. It was during this time that Mr. Parish and Judge Higgins, elsewhere mentioned, got into a con- troversy that resulted in Parish's imprison- ment. It arose in a criminal case, and during the day there was a continual friction between the Judge and the Attorney. Just before the evening adjournment, Judge Higgins lost all control of himself, and ordered Parish to be imprisoned over night in the County jail. The Bar sympathized with the Attorney, and in procession marebed with him to the jail, spending the night with him in high carnival, and in the morning forming an escort of honor back to the Court. Mr. Osborn was a Whig in politics until the formation of the Republi- can party, since which time he has been its very earnest surporter. He took an active part in the HIarrison campaign of 1840, was elected to the Senate from the District com- posed of Iluron and Eric counties in 1844, and was elected Prosecuting Attorney of Huron County for successive terms of abont seven years. He was a delegate to the Repub- lican National Convention of 1856, after which he returned to Toledo and has ever since con-

tinned to practice here. He was invited in 1854, by the syndicate organizing the Wabash Railway System to take charge of the legal department of that system for the State of Ohio; prepared the articles of incorporation, the first bonds and mortgage which were issued; and has had and still has charge of the legal business of the Company. From 1870 to 1879 he was in partnership with General Wager Swayne, the eldest son of the late Judge Noah Il. Swayne, elsewhere men- tioned, under the firm name of Osborn & Swayne; and in 1883 formed a partnership with his nephew, Alexander L. Smith, which continues at this date. Mr. Orborn is the oldest lawyer in active practice in the County, it being now nearly 54 years since his admission. IIe is in the 76th year of his age, and except a failing sight, is in excellent health.

Judge Tilden was born in Central New York, August 15, 1814, and was the son of Dr. Myron W. Holmes, who died before the birth of the subject of this sketch. When three years of age the family came to Ohio, settling in Huron County, where he was adopted by Dr. Daniel Tilden, a pioneer Physician, whose name was given him. He was educated at Norwalk Seminary, meantime devoting his spare moments to the reading of standard literature. In 1833 he entered the law office of Thaddeus B. Sturgis, then a leading lawyer of Norwalk, and completed his reading in the office of Judge Lane, then of the State Supreme Conrt. Mr. Tilden was admitted to the Bar in 1835. In 1833, in connection with John Ken- nan (yet of Norwalk), he started a newspaper, the Western Intelligencer, at Norwalk, which was ere long removed to Milan. Mr. Tilden commenced practice at Norwalk, with fair suc- cess, but seeking a larger field, he removed to Toledo, where, as already stated, he formed a partnership with Mr. Osborn, who returned to Norwalk in 1839. Soon thereafter C. W. Hill, and ere long Henry Bennett, became associated with Mr. Tilden. In 1839 Mr. Tilden was elected to the City Conneil, and in 1840 as Mayor, and re-elected in 1842, serving in the Jatter position for four years. In 1842 he was the Whig candidate for Congress, though, owing to a strong Democratic majority, he was not elected. In 1843, he was chosen President Judge of the Common Pleas District, serving as such until his resignation in 1847. Soon after this, in order to protect his interests as a stockholder in the Steamboat Indiana, he bought that craft, and ran it for two seasons. Not long thereafter he resumed practice, with Wm. Baker as partner. In 1850 he removed to Cineinnati. There he continued his practice, in association with different lawyers. In 1851 he was appointed Professor of Equity Jurispru- dence in the Law School of Cincinnati College, serving as such for 10 years. In 1873 he was appointed Judge of the Superior Court of Cin-

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cinnati, and was susequently elected to the same. His term having closed, he resumed practice, which was large and lucrative. Out- side his profession, he always maintained a prominent and useful place in social, literary, business and other relations. Politically, he was formerly a Whig, but subsequently became a War Democrat, and acted mainly with the Democratic party. He still resides in Cincin- nati, but from physical infirmities, is no longer able to continue his practice .* July 1, 1835, he was married at Norwalk, with Miss Louisa Morse, a sister of Howard Morse, of the firm of Poag & Morse, Wholesale Merchants at Toledo at an early date. Judge Tilden had fou. chil- dren, three sons and one daughter.

In the fall of 1837, there appeared the pro- fessional card of Swayne & Benjamin 1. Brown, who opened an office at Toledo; Swayne then living at Columbus, and Brown living here and attending to the Toledo business of the firm. Judge Swayne became interested largely in Toledo real estate, which he held for many years, having great faith in its future. As an Associate Justice of the Supreme Court of the United States, he became known throughout the whole country as an able lawyer, an upright Judge and a man of sterling worth. Two of his sons, Noah H. Swayne, Jr., and Frank B. Swayne, are now practicing in Toledo with success, and are both good lawyers and estima- ble gentlemen. His eldest son, General Wager Swayne, who also practiced here for a number of years, is now a member of the firm of Dillon & Swayne, New York City.

Caleb F. Abbott was one of the early settlers in Toledo. He came from Massachusetts, was a graduate of Harvard, and always prided him- self on his New England birth and education. He was a painstaking and industrious lawyer, an intense Whig, an ardent admirer of Henry Clay, and greatly in love with politics. In a convention to choose delegates to a State Con- vention, the question as to the people's choice between Clay and Harrison for President, he exclaimed, " Who is this General Harrison ?" He became, however, a warm supporter of that gentleman after his nomination. Mr. Abbott died in April, 1855, and a meeting of the Bar was beld to take action on the occasion, when there was present, M. R. Waite, S. M. Young, Daniel MeBain, C. W. Hill, James J. French, R. C. Lemmon, Ira E. Lee, A. G. Clark, II. S. Commager, Charles Dodge, L. S. Lounsbury, J. L. Fuller, M. O. Higgins, J. J. Manor, Chas. Pratt, William Baker, II. L. Hosmer, Edson Allen, F. A. Jones, B. W. Rouse, John C. Epsy, J. H. Campbell.

At the time of the organization of the County Henry Bennett resided at Perrysburg, Wood County, but subsequently removed to Toledo and formed a partnership with Charles W. Hill, which lasted but a short time. Ile con-

tinued to practice for a number of years, but quit the profession some 30 years since, devoting his time to other pursuits. He died during the past year, at the age of -- years. He had lived in retirement from active business for many years, enjoying a comfortable income. He was an amiable, even tempered gentleman of the old school, at peace with the world, and possessing the confidence of the community in an unusual degree.

Among the lawyers practicing here in 1854, was Judge Thomas M. Cooley, subsequently for so many years on the Bench of the Supreme Court of Michigan, Professor in the Michigan University at Ann Arbor, now a member of the Inter-State Commerce Commission, and author of many valuable text-books, among them being " Taxation, Constitutional Limita- tions, Torts," etc. He was in 1854 the Demo- cratic nominee for Judge of Common Pleas, against John Fitch, candidate of the " Anti- Nebraska," since the Republican party, who was elected. Soon after that time Mr. Cooley returned to Michigan, finally making his home at Ann Arbor.

Frederick A. Jones died in Toledo, February 8, 1873. He was born at Grafton, Lorain County, October 10, 1823; received his educa- tion at Norwalk, Oberlin, and Granville; and was admitted to the Bar in 1849, about which time he was married with Miss Delia S. Case, of Granville, Ohio. For a time, he taught School at Jackson, Mississippi, but soon re- turned to the North and practiced law at Gran. ville until coming to Toledo in 1853, where he continued his practice, having at different times M. O. Higgins and J. M. Ritchie as partners. In 1860 he was elected Probate Judge and was serving on his fourth term at the time of his death. He left a wife and two children.

Charles E. Perigo was a native of Otsego County, New York, and came to Toledo in 1844, entering the law office of Hill & Bennett as a student, and became a member of the firm as soon as his term of study was completed, which position he held at the time of his death from consumption, January 27, 1857, aged 33 years. His illness was long. He was "a man of strict integrity, pure morals and correct habits, a good citizen and a kind friend, a de- voted husband and parent." He left a wife and three children.

I am unable to give a complete list of the lawyers who have practiced in the Lucas County Bar. A list of those practicing at this date will be given hereafter. At a meeting of the Bar held in November, 1851, to take action of a complimentary nature on the retirement of Judge E. B. Sadler, there were present John Fitch, Caleb F. Abbott, Ira E. Lee, William H. Hall, Daniel McBain, E. P. Bassett, II. S. Com- mager, Edward Bissell, Ji., Daniel O. Morton, Charles Dodge, Charles M. Dorr, William Baker, John J. Manor, Edson Allen, M. R.

*Judge Tilden died in 1888.

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HISTORY OF TOLEDO AND LUCAS COUNTY.

Waite, H. F. Waite, A. G. Clark, Samuel M. Young, John C. Espy, Charles E. Perigo, Henry Bennett, Chas. W. Hill, A. C. Harris, P. E. Latimer, B. W. Rouse, Henry Reed, Jr., J. Baron Davis, Hiram Clark, James M. Coffin- bury, 11. C. Stowell, Franklin Johnson.

To these names may be added as being here then, or coming not long thereafter, Charles Pratt, Frederick A. Jones, M. O. Higgins, N. W. Daniels, JJames J. French, R. C. Lemmon, Dennis Foley, Michael B. Doyle, Seraphim Meyer, Henry T. Bissell, John Ray, George R. Haynes, Josiah F. Price, Charles C. Starr, Edward A. Durbin, Richard Waite, James M. Ritchie, Thomas Dunlap, James W. McKimm, John L. Johnston, Andrew M. Blake, William 11. Gorrill, Charles H. Gorrill, Emmett S. Latty, Angus Melntosh, Russell W. Livermore.

The prominent and active part taken by Edward Bissell, senior, in the earlier history of Toledo, is referred to elsewhere. His son, Ed- ward junior, was educated at Yale College, and began the practice of law in Toledo in 1849, after serving as a volunteer in the war with Mexico, 1846-t8. He has been one of the leading and most successful lawyers at the Bar ever since. His chief characteristic is the absolute thoroughness with which he prepares every case and every act connected with his professional work. He is one of the thorough scholars connected with the profession. In 1864 he formed a partnership with William H. Gorrill, John I1. Doyle and W. S. Thurstin, under the firm name of Bissell & Gorrill. The members of this firm have changed many times sinee. Mr. Gorrill died in California with con- sumption, in 1874. Judge Doyle left the firm and went on the Bench in 1879, but Mr. Bissell never wonkl consent to have the firm name changed, and it stands the same to-day. Mr. Bissell was married in 1862 with Miss Sarah A. Secor, a sister of Joseph K. and James Secor, prominent wholesale merchants of Toledo. They have five children, Frederick, Maurice, Herbert, Walter and Charlotte.

William H. Gorrill died at Oakland, Cali- fornia, in September, 18744, aged 38 years. He was born at Bowling Green, Wood County, in 1836, where he was raised and received his education until his entrance at Michigan Uni. versity, where he was graduated from the legal course in 1862. Coming to Toledo, he formed a partnership with Edward Bissell, Jr., and soon was on his way to permanent eminence and success at the Bar, when disease of a pul- monary character developed itself in increasing force. Hoping by such change of habit to stay the progress of the enemy, he sought exercise in trips on the Lakes and Rivers, on which occasions he corresponded freely and very acceptably for the Toledo Commercial. In 1869, be sought health in California, where he estab- lished the Pacific Bridge Company, which arrangement was successful in a business way,

and for a time promised confirmed improvement in health ; but this was only temporary, as the result showed. He left a wife (a daughter of Judge Walker of St. Clair, Michigan), and one child. Few young men have entered active life with higher promise both of business success and personal honor and usefulness, than did Mr. Gorrill.

Henry S. Commager, of Toledo, died at Gal- veston, Texas, of yellow fever, August 14, 1867. He was there in the capacity of an Internal Revenue officer. He came to Otsego, Wood County, in 1838, when quite young, and there was married with a daughter of David ledges. In 1841 he entered the office of Young and Waite, at Maumee, as a student at law; was admitted to the Bar in 1842; commenced prac- tice at Maumce; went to Toledo in 1852, and was the Democratic candidate for Congress in 1854, his opponent being Richard Mott, the Anti-Nebraska or Republican candidate, who was elected. Mr. Commager was among the first citizens of Lucas County to volunteer for the defense of the Union, in 1861, enlisting first as a private in the Fourteenth, and subse- quently in the Sixty-Seventh Regiment, of which latter he was Major and Lieutenant- Colonel; and afterwards Colonel of the One Hundred and Eighty-Ninth Regiment. In 1866, he was again the Democratic candidate tor Congress, when he ran 800 ahead of the party ticket, though not elected. He led the Sixty-Seventh Regiment to the dreadful charge at Fort Wagner, Charleston Harbor, July, 1863, where he was severely wounded. As a citizen he had a large circle of friends. Judge David HI. Commager is a son of General Com- mager.

Charles M. Dorr was among the earliest law- students of Toledo, as he was for thirty years prominent in political and public affairs. He was born in Hoosac, New York, in 1815, and came to Toledo in 1838; read law there with John Fitch ; was admitted to practice in 1839; elected to the City Council in 1847, and again in 1849; elected Mayor of the City in 1851, '53, '55, '57 and '65. Hle was a man of genial temperament and marked personal popularity, as indicated by the elective positions held by him. He died suddenly of apoplexy, April 20, 1870, aged 55 years. October 5, 1841. he was married at Toledo, with Miss Caroline Hertzler, danghter of Christian Hertzler, who yet survives him, as do five of six children.

James M. Whitney died at Toledo, February 7, 1874. Born in Salem, Washington County, New York, November 9, 1802 ; he was married in 1829, with Lovinia Remell, who died April 5, 1862. February 8, 1863, he was married with Imogene Nicholas, at Mt. Vernon, Ohio. who with one ehild survives him. With his father-in-law, Mr. Whitney came to Toledo in 1831, and build a log house near the present residence of Henry Philipps, corner of

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Bancroft and Fulton streets, Mr. Salmon H. Keeler, then and now a resident of Toledo, aiding in the erection of the building. Mr. Whitney subsequently practiced law, and about 1854 engaged in the Hardware trade. He was one of the first Justices of the Peace in the County, holding the position for several years. He was a man of genial disposition and had many friends. His health had been poor for some time, and he died from paralysis.

James M. Ritchie was born in Dunfermline, Scotland, July 28, 1829, and came with his parents to the United States in 1832. In 1852 he removed to Lorain County, Ohio, and there taught school. He was elected Justice of the Peace in 1854 on the " Anti-Nebraska " issue, and commenced the study of the law, and in 1857 was admitted to the Bar in this County, and permanently removed here in September, 1858. Ile was elected Judge of the Police Court in 1867, and atter holding the office about a year and a half resigned, to resume the prac- tice. He was a delegate to the Republican National Convention in 1880 that nominated Garfield for President, and in the fall of that year was nominated for Congress and elected, serving as a member of the 47th Congress. He is now actively engaged in the practice, is a thorough student, a lover of books, and an orator of considerable polish and power. In criminal cases he has been unusually suc- cessful.

Charles Kent has been in active practice since 1850, and is still, in partnership with his son, Charles E. Kent, an active member of the Bar, although now somewhat impaired in health. The old firm of Bassett & Kent was long a leading one in the profession. It was succeeded by Kent & Newton, and later by Kent, Newton & Pugsley, and commanded more than the average business and confidence. Mr. Kent has borne the reputation for a quarter of a century of being one of the ablest lawyers that we have had in our local Bar. His first partner here, Edward P. Bassett, still lives in our midst, but an impaired hearing and feeble health have compelled him to abandon active duties. John T. Newton, for many years his successor in the firm, has also practically re- tired from the practice and devotes himself to the care of an ample fortune, which he has been more successful in accumulating than the majority of his brethren. The other member of the firm, Judge Isaac P. Pngsley, was ap- pointed Judge, as before stated, upon the ele- vation of Judge Doyle to the Supreme Court, and was at the election in November, 1887, chosen as Judge of the Common Pleas Court for five years, to succeed Judge Pike.

Judge Joshua R. Seney, who served part of a term as Judge of the Court of Common Pleas, and resigned to resume the practice, which he preferred, is a native of Seneca County, and came to Toledo in 1864. He has been and still

is a prominent member of the Bar, and an affa- ble and courteous gentleman.

Judge William A. Collins is still in active and general practice, enjoying, as he always has, the confidence of his brethren and clients. He was an incorruptible and learned Judge, and is distinguished for his ability and integrity as a lawyer.

Charles II. Scribner was a leading lawyer in Knox County for 20 years before removing to Toledo, in 1869. In 1867 he was a member of the State Senate and Chairman of the Com- mittee that prepared the Municipal Code of the State, and also prepared the present Criminal Code. He is the author of the leading and standard text book on " The Law of Dower," a treatise in two volumes, published in 1864 and 1867, and recently republished. He was a member of the Constitutional Convention of 1873, and while serving was nominated by the Democrats for Judge of the Supreme Court, but defeated. In November, 1887, he was elected as a Judge of the Circuit Court, for the Coun- ties of Huron, Erie, Ottawa, Sandusky, Lucas, Wood, Fulton, Henry, Defiance and Williams. Since coming to Toledo he has had a leading practice, and is regarded as among the ablest lawyers at the Bar. He was born near Nor- walk, Connecticut, in 1826 ; was apprenticed in early life to the saddle and harness trade, and is in every sense a self-made man.

It would be a pleasure to continue these sketches of the brethren of the Bar, but the limited space allotted to this article forbids. Several of the leading lawyers have extended notices elsewhere. But such men as W. S. Thurstin, Alex. W. Scott, Judge Pugsley, Clar- ence Brown, Barton Smith, Gilbert Harmon, Emery D. Potter, jr., E. W. Tolerten, D. R. Austin, Richard Waite, Charles T. Lewis, A. W. Eckert and many others, whose names are given in the list of practicing lawyers, are none the less entitled to distinction as lawyers of ability and honor, than those already noticed. I have to some extent confined the special notice to those who have been longest in har- ness, and whose labors in the ordinary course of events will soonest end ; or to those who have already thrown off the yoke and left a memory which it is a duty, as well as a pleas- ure, to perpetuate.

MEMBERS OF LUCAS COUNTY BAR.

Following is a complete list of the members of the Lucas County Bar, those marked with a star (*) not being in active practice :

*Allen, Edson. Brown, James M.

Austin, David R. Brown, Clarence.

Austin. James, jr. Brumback, Orville S.

Ashley, Charles S. Baker, Willianı.

Alens, Albert. Baker, Rufus II.

Bissell, Edward. *Bassett, Edward P.

Beckwith, George H. Beeford, Irvin.

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HISTORY OF TOLEDO AND LUCAS COUNTY.

Barber, Jason A. Bunker, llenry S. Beard, Philander C. Beard, Ellsworth M. Bunn, Charles, Barton, Robert W. Beckham, Carl. Collins, William A. Chase, John A. Cummings, Joseph W. Curtis, Cornelius S. Commager, David H. Clark, Albert G. Carpenter, Clement. Crane, Arthur P.

Lemmon, Charles H. Lewis, Charles T.

Lang, Albion E.

McKee, Richard M.

Millard, Irwin I. Macomber, Albert. Moore, Edward D). McDonnell, Terrence J. McGahan, Patrick A. Morris, Lindley W. Merrill, Horace A. Murray, Jerome. Melchers, Milo. *Newton, John T.

Newton, Eben.

*Nye, E. Dwight. Osborn, John R.

Odell, Morgan N.

Parks, Lysander K. Pilliod, James E.

Pugsley, Isaac, P.

Doyle, John H.

Dodge, Charles.

*Dodge, Frederick B. Dunlap, Thomas. Dodd, Ezra S.

Potter, Erskine H.

Pike, Louis H.

Everett, Charles W.

Pratt, Charles.

Eckert, Augustus W.

Pratt, Henry S.

Platt, Harvey P.

Poag, John.

Raymond, Erwin P. Read, W. H. A.

French, James J.

Farquharson, Andrew.

France, Christian F.

Rhodes. Edward H.

Rickenbaugh, Frank W.

Richardson, Louis G.

Ritchie, James M.

Geddes, Frederick L.

Greer, John T.

Geer, B. T. (Swanton)

Hamilton, J. Kent.

Snider, Oliver B.

Scott, Alex. W.

Hall, Almon. Harris, Wm. H.

Huntsberger, Isaac N.

Harmon. Gilbert.

Hurd, Frank H.

Howe, Henry E.

Harrington, Nathaniel. Humphrey, George W. Hayes, Birchard A. Hill, Avery S.

Swayne, Noah H. Swayne, Frank B. Sala. Frank M.

Haynes, George R.

Stone, R. B.

Hueston, James M.

Schunk, Hugh F.

Hudson, Preston C.

Sumner, Charles E.

Hunt, James E.

Thurstin, Wesley S.

Hone, Parks. Hiett, Equery R. Hipple, J.

Thurston, Johnson. Tracy, Thomas S.

Tolerton, Elihu W.

Jackson, Wm. H.

Tucker, Wm. H.

Johnson, C. F.

Thomas, Daniel E.

Kumler, John F.

Waite, Richard.

Waite, Edward T.

Wilson, Arion E.

Wilson, Charles G.

Wachenheimer, Lyman W.

Kohn, Samuel. King, Harry E.

Waggoner, Marshall O.

Kirby, George P.

Webster, William.

Lee, John C.

Werr, C. L.

Lee, Ira E.

Wilkinson, L. H.

Lee, Henry E.

Woodworth, Charles.

Lemmon, Reuben C.

*Young, Samuel M.

The total number of members, November, 1887, 158.

The following announcement was made soon after the date therein given :

Married at Willoughby, Ohio, June 8, 1843, by Rev. Mr. Clark, Hon. Emery D. Potter, of Toledo, President Judge of the 13th Judicial Circuit, and Miss Mary A., daughter of Thomas Card, of Wil- loughby.

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History of the city of Toledo and Lucas County, Ohio, Part 102

Author: Waggoner, Clark, 1820-1903 Publication date: 1888 Publisher: New York and Toledo : Munsell & Company Number of Pages: 1408

Author: Waggoner, Clark, 1820-1903
Publication date: 1888
Publisher: New York and Toledo : Munsell & Company
Number of Pages: 1408