History of the city of Toledo and Lucas County, Ohio, Part 104

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

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special delicacy in connection with controverted political and constitutional questions ; with no instance in which the result was not promptly accepted as final and just. In this connection will be appropriate the testimony of a member of the Supreme Court, given after he had ro- tired from that Bench. Of Chief Justice Waite, he said :

From the day of his entrance into office as Chief Justice of the Supreme Court, he has been indefati- gable in the discharge of its great duties ; patient, in- dustrious and able. His administrativo ability is remarkable. None of his predecessors more steadily and wisely superintended the Court, or more care- fully observed all that is necessary to its working. Nothing under his administration has been neglected or overlooked. He has written many of the most important decisions of the Court-too many to be particularized. Among the more recent of his opin- jons, may be mentioned those delivered in the cases of Antoni rs. Greenhow, Louisiana rs. Jumel, and Elliott rs. Wiltz-each of them involving questions arising under the Constitution of the United States.

In nothing has Chief Justice Waite moro clearly indicated fitness for the office he holds, than in the exalted estimate which he has over manifested of its grave re- sponsibilities and dignified character. Occasion for such manifestation was furnished in 1875. He then had held the position of Chief Justice long enough for his special fitness therefor to become known. So high had this appreciation become at the date named, that the matter of his nomination for the Presidency came to be seriously canvassed in prominent and influen- tial quarters. This was specially true of many leading public journals. From the first sng- gestion of that sort, however, those most familiar with his real feelings and sentiments in regard to public life, could see no encourage- ment for yielding to-much less for co-opera- ting with-such movement. These knew too well his strong attachment to his profession ; his ropugnance to the life of the political aspi- rant; and his eminently conservative habit of mind, to find the slightest warrant for such suggestion. His friends did not have long to wait for the fullest justification of their assump- tion in the case. The matter having, in No- vember, 1875, been presented to him in such form as to invite definite response, he addressed to a relative, Hon. John T. Waite, member of Congress from Connecticut, a private letter, which afterwards, by request, he permitted to be published. In that letter he said :

Of course, I am grateful to my friends for any efforts in my behalf; and no one ever had friends more faithful or more indulgent. But do you think it quite right, for one occupying the first judicial position in the land, to permit the use of his name for political position ? The office I hold came to me covered with honor ; and when I accepted it, my chief duty was, not to make it a stepping stone to something else, but to preserve its purity, and if that might be to make my name as honorable as are those of my predecessors. No man ought to accept this

place unless he take the vow to leave it as honorable as he found it. There ought never to be a necessity for rebuilding from below-all additions should be above. In my judgment, the Constitution might wisely have prohibited the election of a Chief Justice to the Presidency. Entertaining such view, could i properly or consistently permit my name to be used for the promotion of a political combination, as now suggested ? If I should do so, could | at all times and in all cases remain an unbiased Judge in the estimation of the people ? There cannot be a doubt that in these days of politico-judicial questions, it would be specially dangerous to have a Judge who could took beyond the Judiciary in his personal ambition. The Supremo Court is now, t believe, justly regarded as a sheet-anchor of the Nation. Will it continue such, if its Chief Justice be placed in the political whirlpool ? My friend, consider these things, and tell me if you really think I ought to permit my name to be used as suggested by you. If you do, I do not.

This expression of the views and purpose of the Chief Justice was conclusivo in the case, utterly placing him then and thereafter outside all political combinations. While it was no surprise to those personally acquainted with him, the public use then made of it was deemed due alike to him and to the country. In view of previous events, then fresh in the public mind, it was specially proper that such position of the incumbent of that high office upon the important question raised, should be made known, to the end that it might aid in stimu- lating and making more clear and fixed the sentiment already so general against political aspirations among members of the National Judiciary. It was justly regarded as no small thing, for the American people to be assured that the gentleman then recently called to the head of that branch of their Government could not be tempted from his high position of independence and eminent usefulness by the glitter of political proferment, though never so attractive. Such timely action will ever stand as a protest from the quarter most effective for good, against such prostitution of the National Judiciary. Chief Justice Waite, throughout. his life, has had clear convictions on religious subjects, and for many years past has been a communicant, and for 40 years an active Vostryman in the Protestant Episcopal Church. Hlis interest in whatever concerned the moral or material well-being of his fellow- men has always been actively shown in such ways as occasions have offered. During the War of the Rebellion no one in Northwestern Ohio contributed more toward the support of the Government in maintaining a loyal senti- ment, in raising recruits and in caring for Soldiers and their families, than did he. thief Justice Waite was married September 21, 1840, with Miss Amelia C., daughter of Samuel Solden Warner, of byme, a descendant of Colonel Sekden of Revolutionary record. Five children have been born to them-Henry Sel- den, who died in Toledo, April 10, 1873, leav- ing a wife and two sons; Christopher C., now

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Vice President and General Manager of the Cincinnati, Hamilton and Dayton Railroad, Cincinnati ; Edward T., of the law firm of R. & E. T. Waite, Toledo ; Miss Mary F., of Wash- ington, D. C .; and one which died in infancy.

JOHN H. DOYLE was born in Perry County, Ohio, April 23, 1843. His parents were married in Providence, Lucas County, in 1831, removed to Perry County in 1842, and returned to Toledo in 1846, where the father died in 1852. The mother is still living with her son, in Toledo. Judge Doyle was ed- ueated in the Public Schools of Toledo, and a short time at Dennison University, Granville, Ohio. Ile studied law, first with General H. S. Commager, and afterwards with Edward Bissell, Jr. He was admitted to the Bar April 23, 1864, on his 21st birthday, and on the same day entered into partnership with Mr. Bissell, thus getting a fair start in his profession at his majority. His career from that time has been rapid and brilliant. As a young lawyer, he soon acquired a reputation for legal knowl- edge and nnusual powers as an advocate. He exhibited great skill and energy in the condnet of various important and difficult eases in which he was counsel. One of these may be men- tioned as an illustration of his peculiar genius in searching out and establishing hidden evi- denee, upon which a great case often turns. This was a case involving the title to 160 acres of land in the heart of the City of Toledo, valned at over a million dollars. The elaimants were the heirs of one Ford, a Soldier of the War of 1812, who was then living at Fell's Point, in or near Baltimore, Maryland. The ease hinged on the legitimacy of a daughter, who, it was alleged, was born while the said Ford was a prisoner of war at Plymouth, Eng- land, and was illegitimate. Mr. Doyle spent a large portion of the Winter and Spring of 1874 and Summer of 1875 in Maryland and in the District of Columbia, taking testimony in this important ease. The final result was, that he established the legiti- maey of the child, and hence the title of his clients. The partnership with Mr. Bissell was continued till 1879, when Mr. Doyle was elected on the Republican tieket as Judge of the Judicial District embracing Lucas, Sandusky, Ottawa, Huron and Erie Counties. Such was his standing in the profession that his candidaey was unanimously recommended by the Toledo Bar. Hle soon distinguished himself on the Bench, and in 1882 was nominated by the Re- publican State Convention for Judge of the Supreme Court, when he was defeated, with his party, though running ahead of his ticket by several thousand votes in the district of his residence, and by 1,600 in his own County. In February, 1883, he was appointed by Gov- ernor Foster to a seat on the Supreme Beuch, to fill a vacancy caused by the resignation of

Judge Longworth, and served one year. At the Convention of 1883 the Republicans again nominated him for the full term, but the party was again defeated that year. Judge Doyle resumed the practice of his profession in Toledo in 1884, and still continues with a large and successful business, being now the senior of the firm of Doyle, Seott & Lewis. He is in the prime of life, with ample resources derived both from study and experience, and with a vigorous and well-trained in telleet, good health and habits of indns- try, he is able to accomplish much in his profession. His knowledge of the law and of judicial proceedings places him in the front rank of the jurists of the State. Besides, he is courteous and genial, a lover of good literature, and highly esteemed both in social and private life. Politically, be is a Republican, and has been a member of the First Congregational Church of Toledo since 1868. He was one of the organizers of the Toledo Library Associa- tion, now the Free Library of Toledo, and was Chairman of the Lecture Committee of that Association for six years. In 1865, in connee- tion with Hon. De Witt Davis, of Milwaukee, he assisted in organizing the Northwestern Lec- ture Bureau at Chicago, of which he was Seere- tary for several years. Judge Doyle was commissioned during the War of the Rebellion as Lieutenant in the Sixty-Seventh Regiment Ohio Volunteers, at request of his old preceptor, Judge Commager; but before mustering, was prostrated by severe siekness, which kept him at home and prevented acceptance of the ap- pointment. He was then but 18 years of age. In the Home-work for the Union cause, he was active, as shown in the history of that depart- ment of the service elsewhere given. In 1886, he was appointed by Governor Foraker one of the Trustees of the Toledo Asylum for the In- sane, now in course of construction, where the detached cottage plan, which Judge Doyle urged in preference to all others, was adopted. He was married October 6, 1868, to Miss Alice Fuller Skinner, daughter of Dr. S. W. Skinner, formerly of Windsor, Connecticut, and now of Toledo, who is a descendant of the Woleott and Ellsworth families of Connecticut, of which Chief Justice Ellsworth and Governor Wolcott were members. Three daughters-Elizabeth Wol- cott, Grace Alice, and Helen Genevieve-have been born of this marriage.

EMERY D. POTTER was born in Provi- dence County, Rhode Island, in 1804. He is a son of Abraham Potter, a farmer, who removed to Otsego County, New York, in 1806. The father's circumstances were not such as to pro- vide the son with more than very limited edu- cational advantages in childhood. As the re- sult of persistent effort. however, the latter ere long was encouraged to expeet a Collegiate course, in which he was disappointed, and was

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compelled, without such advantage, to enter upon preparation for the chosen profession of the law. This he did in the office of John A. Dix and Abner Cook, Jr., two able lawyers at Cooperstown, New York, the former having subsequently been Governor of New York. United States Senator from that State, and Secretary of Treasury in Buchanan's Adminis- tration. Completing his studies, Mr. Potter was admitted to practice in New York ; but soon deciding to make his home in the West, he left for Toledo, where he arrived in the Winter of 1834-5. He there found a field not the most in- viting, in some respects, for an ambitious young man ; but one which he was not long in turn- ing to the best account. His qualities as a lawyer soon became known, while his active participation in public and political affairs gave him special prominence and influence. In 1838 he was the Postmaster at Toledo, and in 1839 was elected by the Legislature as President Judge of the Common Pleas Court for the Thirteenth Judicial District of Ohio, embracing 10 Counties and covering North- western Ohio entire. Without public means of any sort for conveyance, he was compelled to travel from County to County wholly on horseback, and largely through a dense wilder- ness, often in the absence of bridges compelled to swim streams, and resort to methods of travel almost wholly unknown to the present genera- tion in the same sections. In 1843 he was nominated by the Democrats and elected to Congress from the District made up largely of the territory embraced within the Judicial Circuit. In Congress he at once took promi- nent position, serving with John Quincy Adams on the Select Committee on the Smithson will, whose action led to the founding of the Smith- sonian Institute. In 1847 Judge Potter was elected as Representative in the Ohio Legisla- ture, where he acted largely as leader of the Democratic side of the House. In October, 1848, he was elected to the Thirty-first Con- gress, where he took a specially prominent part in the long struggle for Speaker, receiving at different times 78 votes for that office. He was made Chairman of the Committee on Post- Offices and Post Roads, and as such was the author of the bill of 1851, providing for cheap postage and the coinage of three-cent coin. At the close of this term in Congress, he resumed the practice of the law. In 1857 he was appointed Judge of the Federal Court of Utah, but deelined the honor on account of business interests requiring his presence in Toledo. In 1859 he was appointed Collector of Customs for the Toledo District, serving until 1861. He was elected as Senator in the Ohio Legislature in 1873, serving until 1875. During that term he was influential in securing the enactment of the law providing, at the expense of the State, for the propagation of Fishes in Ohio, and was appointed as Superintendent of Fish-batching

in the State. To his personal attention and good management, the successful introduction and establishment of that policy by the State are largely due. Judge Potter was married in 1843 with Miss Mary A. Card, at Willoughby, who died in 1847, leaving one son, Emery D. Potter, Jr., now a prominent member of the Lucas County Bar. He was subsequently married with Miss Auna B. Milliken, of Peun- sylvania, who, with one daughter, Anna Claire, is now living.

CHARLES W. HILL was born July 7, 1812, at Starksboro, Addison County, Vermont. He was of Yankee stock, his ancestors, on both sides, having descended from the pioneers of New England. When he was six years of age, the family came to the Western Reserve, Ohio, where he enjoyed the educational advantages common to farmers' children 70 years ago. At about the age of 22 he entered Oberlin College, which then had hardlyassumed a position among the few educational institutions of the West. There with means secured by manual labor, and by teaching School winters, he was able to remain for one year. Early in 1836, at the age of 24, he came to Toledo, and ere long secured a position as clerk in the store of Charles G. McKnight, in the frame building yet standing, 343-347 Summit Street. Not finding himself adapted to mercantile life, he soon turned his attention to the legal profession, and while yet pursuing other employment, entered upon the study of the law with the aid of Daniel O. Morton, and was admitted to practice in Jan- mary, 1839, and the firm of Tilden & Hill was formed in October of that year, succeed- ing that of Tilden & Osborn, Henry Bennett soon being added to the firm. Upon the election of Mr. Tilden as Judge, in 1843, Ilill & Bennett assumed the business, who ere long were joined by C. E. Perigo, Charles Pratt soon thereafter becoming a partner. The firm of Hill & Pratt continued for many years, and until 1870, when Avery S. Hill became associated with his father in practice. As a lawyer, Mr. Hill's position was an enviable one. He was from an early period in his practice recognized as one of the foremost members of the Bar. No one excelled, if any equaled, his exhaustive work in the prepara- tion of his cases. As was said by a prominent member of the Bar, he sometimes seemed to be " over-prepared "-a result of his indefatigable industry and facility for research. As an ad- vocate he was specially successful. From very early life, he indicated a strong tendency to military affairs, and as early as 1840 he became the Captain of the Toledo Guards, and in June, 1842, was elected Brigadier General of the First Brigade, Eighteenth Division, Ohio Militia. In different ways he was active in maintaining and developing a general interest in the Militia. As elsewhere stated, he organized the Public School Cadets in 1856, and directed the same

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for several years, and until the outbreak of the Rebellion in 1861, when as Brigadier General, by appointment of Governor Dennison, he en- tered the military service of the United States, serving in West Virginia in command of Ohio troops under General Mcclellan. He was as- signed to highly important service in a district extending from Parkersburg and Wheeling to Cheat River. having 250 miles of line to defend with a greatly inadequate force. In the dis- charge of such severe duty, he was prompt and watchful, obeying orders with all energy and effect consistent with the means at his com- mand. And yet. from lack of proper co-opera- tion by the commanding officer, or from mis- understanding of the real situation, there once occurred a want of timely offensive move- ment, which resulted materially to the advan- tage of the enemy. The attempt then made to throw the responsibility on General Hill, was both suspicious in its source and wanting in requisite proof. General Mcclellan never made the explanation of the situation which General Hill most confidently expected from him. On the expiration of the term of service of the Ohio troops in West Virginia, in August, 1861, General Hill was assigned as Commandant at Camp Chase, Columbus, then a rendezvous for Ohio Volunteers for organization, equipment and discipline, as well as for confinement of prisoners of War. General Hill's duties there included the instruction of Volunteer officers in matters of tactics and general discipline. Among the persons thus instructed by him, were Colonel James A. Garfield of the Forty- Second Ohio, and Major Wager Swayne of the Forty-Third Ohio Regiment. In 1862-63 Gen- eral IFill performed highly important service as Adjutant General of Ohio, under Governor Tod, a capacity for which his qualities of in- dustry and attention to details, specially gave him. During his service there, no less than 310 Regiments and Battalions of State Militia were organized and their officers instructed in their respective duties. Beside his severe office labors, he spent much time in attendance on Camps of Instruction at different points in the State. where his superior qualities as organizer and disciplinarian were of special service. As a direct result of such service, Ohio was placed abreast the most forward of loyal States in both the extent and promptness of her response to the pressing demands of the Government for troops. This was specially the case in the Spring of 1864, when, on call of the President for 100,000 men for 100 days, to meet the great emergency of that time, Ohio was enabled to send forward 30,000 of that quota within 48 hours of such call. So seriously was General Hill's health affected, that he sought more activity in the field. His services were con- tinued at Columbus until the 128th Ohio In- fantry Regiment was organized late in 1863, which command was sent to Johnson's

Island, Sandusky Bay, for garrison service at the United States Military Prison, to which Regiment General Hill was assigned. His duties there were delicate, important and severe-all which were dis- charged in a manner to challenge the uni- form commendation of the Government. As Banker of the Prison. he bad charge of the de- posits of an average of 3,000 Rebel-Officer pris- oners of War, which were cared for to the sat- isfaction of all. The matter of his promotion was repeatedly suggested, but he declined such action until his West Virginia record should be duly investigated. This was finally done, and in 1865, he received the commission of Brigadier-General, and was brevetted as Major General. At the close of the War he returned to Toledo and to the practice of his profession, which was continued until impaired health forced a relinquishment of active work. With all that has been said of General Hill's activity in his profession and in military affairs, his most important work was in connection with the Public Schools of Toledo. His interest in educational means was early indicated. Thus, upon the organization, in 1838, of the pioneer Lyceum of Toledo, he was made its Secretary ; and when that was practically merged into the Young Men's Association he became prominent in the management of the latter. Ile was a member of the Board of Education at almost the ontset of the first systematic attempt at Free Schools. In 1851, but two years after such movement, he waselected to that position, hokling the same for 30 years, and serving as President for 21 years of such time, declining a re-election to the Board in 1880. From the first, his interest in the Schools was so absorb- ing as sometimes wholly to engross his time and thoughts, to the serious negleet of personal affairs. Most of the School buildings now in the City were erected during his service, to the planning and construction of which he de- roted special attention. So, too, in the general management of the Schools, in the necessary changes in School laws, and in all ways where- by the system could be made successful and useful, he was constant and assiduous. At a High School commencement, several years since, a prominent citizen said, that " if any man in Toledo was entitled to have a monu- ment erected to his memory here, that man was Charles W. Hill, for his promotion of the Public School system of the City." A sentiment, so en- tirely just, has not as yet been acted upon. To all that has bere been said, should be added mention of the constant interest taken by General Hill in the general affairs of his fellow- citizens In the City Government, and es- pecially as an active member of the City Coun- cil, he made himself useful for many years. No more watchful guard of the public rights was found in that body, in which capacity he was frequently brought into collision with special

R. b. Lemmon

Geok Haynes

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interests, sometimes backed by combinations more or less secret, which challenged deter- mined opposition. He never was known to be a member of a "ring " of any sort; but rather the consistent opponent of "rings." It is deemed entirely safe here to state, that in the history of Toledo no other man has devoted to the common welfare as much of time and labor without reward of any sort, as did General Hill. He was married twice, and left three children of his first wife-Avery S., who adopted and yet follows the profession of his father; Mrs. Sophie L. Peckham, the eldest daughter; and Mary E., wife of Henry D. Pierce, formerly Principal of Junior High School, now a member of the Toledo Board of Education, and the manager of the Producers' Marble Company.

GEORGE RANDOLPH HAYNES, Lawyer, of Toledo, was born at Monson, Massachusetts, January 24, 1828. His father, George Haynes, was born at Brimfield, Massachusetts; and his mother, Mary D. Ford, near Hartford, Con- necticut, both being of English descent. In 1836, the family came to Ohio, settling on a farm in Bronson Township, Huron County. The son's first educational privileges were those of New England, and were improved until cx- changed for the more limited advantages of the West. From his twelfth to his seventeenth year, his attendance at School was confined to winter terms, the balance of the year being spent in farm work with his father. In 1845 he was enabled to attend Norwalk Seminary, where he remained for five years, meantime contributing to his support by teaching School from time to time, whereby he was even more substantially benefited in the practical know]- edge of life thereby gained. His School edu- cation completed, he at once sat about prepara- tion for his chosen life-work -- the profession of the law. To this end, in 1850, he entered the office of John Whitbeck, Esquire, at Norwalk, spending one year there; when he went to Fremont, Ohio, and in the office of Judge Lucins B. Otis (now of Chicago), completed his preparatory studies in January, 1852, when he was admitted to the Bar, and soon com- menced the practice of his profession at that place, remaining there two years, for one of which he acted as Prosecuting Attorney for Sandusky County. In 1854 he came to Toledo, which has since been his home. In 1861 he was clected as Prosecuting Attorney for Lucas County, serving for three years. Subsequently he was chosen as City Solicitor of Toledo, in which position his industry and legal ability were specially valuable to the City. In 1883 he was nominated by the Republican Judicial Convention as a candidate for Judge of Com- mon Pleas Court for the Sub-District comprising the Counties of Lucas, Ottawa, Sandusky, Erie aud Huron. At the election, the adverse

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History of the city of Toledo and Lucas County, Ohio, Part 104

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