Past and present of Knox County, Ohio, Vol. I, Part 24

Author: Williams, Albert B., 1847-1911, ed
Publication date: 1912
Publisher: Indianapolis, Ind., B. F. Bowen & company
Number of Pages: 422


USA > Ohio > Knox County > Past and present of Knox County, Ohio, Vol. I > Part 24


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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Judge Rollin C. Hurd was for many years counted the most prominent lawyer in Knox county. He was a live, go-ahead Yankee from Vermont, pushing his way to the fore rank as an attorney. He was educated at our own Kenyon College, at Gambier, this county ; studied law with Benjamin S. " Brown and admitted to the practice in 1837. In 1863 he was admitted to practice in the highest courts of the land. In 1852 he was elected judge for this district. He later in life did much for his profession by publishing a law book on habeas corpus. He was also closely allied in the construction and management of the Cleveland, Columbus & Mt. Vernon railroad project. He died February 12. 1874.


Joseph Slocum Davis, another graduate from Kenyon College, who was graduated there in 1835, also studied law under Benjamin S. Brown; was admitted to the legal profession in 1837. Ill health caused him to retire from his profession after a few years.


William Dunbar came to Mt. Vernon, Ohio, in 1847, and became pro- prietor of the Democratic Banner. He was a native of Pennsylvania, born 1806, and admitted to the bar in 1842.


Gen. George W. Morgan came to Mt. Vernon, Ohio, in 1843, and read law under Hon. J. K. Miller. He served bravely in three wars, Texan inde- pendence, Mexican and Civil war. He was thrice elected to Congress and held foreign appointments of much importance.


Hon. William R. Sapp ("Major," as he used to be called more than a half century ago here in Knox county) stood high as a lawyer. He served two terms in Congress and held the office of internal revenue collector and United States commissioner


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John C. Stockton came to Mt. Vernon from Zanesville about 1855. He represented Muskingum county in the state Legislature in 1814. He was a man of profound professional education and had much ability in many respects.


William McClelland, of the firm of McClelland & Culbertson, was a native of Pennsylvania, came to Mt. Vernon in 1844 and was largely inter- ested in the settlement of estates in Knox and adjoining counties. He served as one of the county commissioners for thirteen years.


William Craig Culbertson, a native of Westmoreland county, Pennsyl- vania, read law under Gen. Aquila Wiley, of Wooster, Ohio, and was ad- mitted to the bar in 1871 ; he came to Mt. Vernon the next year and entered into law partnership with William McClelland.


Charles H. Scribner was admitted to the bar at Mt. Vernon in 1848, and in June, 1869, removed to Toledo and entered into partnership with Hon. Frank H. Hurd. In 1867 he was elected to a seat in the state Senate, was the author of a valuable legal work, "Treatise on the Law of Dower," and was also a member of the proposed constitutional convention of 1873.


Joseph C. Devin was educated in the seminary at Norwalk, Ohio, at the Wesleyan University, at Delaware; studied law under Hon. Columbus Delano and William R. Sapp, was admitted to the bar in 1851. In 1863 he was elected to the Ohio Senate from this district. His law partner was Henry L. Curtis, a native of Mt. Vernon, a son of Hon. H. B. Curtis and a worthy graduate of Kenyon College.


Frank H. Hurd was educated at Kenyon College, graduating in 1859, when only eighteen years of age. He immediately began the study of law and was admitted to the legal practice in 1862. During the same year he was elected prosecuting attorney of Knox county and in 1866 to a seat in the Ohio Legislature as a member of the Senate. He moved to Toledo in 1867, and in 1874 was elected to Congress from his district, and was re-elected in 1878. He was the author of the "Ohio Criminal Code of Procedure." In 1876 he published a second edition of his father's work on "Habeas Corpus" and one of his own on "Homestead and Other Exemptions."


William C. Cooper, a native of Mt. Vernon, was admitted to the bar in 1854. He had a successful career as lawyer, politician and military man. Mr. Cooper was one of the most conspicuous figures in the history of the bar in Knox county, and possibly in many ways within the state. He entered upon the practice of law more than half a century ago; his success soon came. for he was well equipped, he having been a close and careful student of the fun- damental principles of the law. Nature had endowed him with a strong in- tellect and a wonderful energy and will power. He was a man of sound


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judgment and a logical reasoner, with a ready command of the English lan- guage. At the bar he stood for all that was manly and honorable among his fellow lawyers. He died September 2, 1902, aged seventy-one years. Bright's disease was the immediate cause of his death. A sketch of this man and his career in state and nation will be found elsewhere in this work.


David Carter Montgomery, a native of Pennsylvania, was admitted to the bar in Mt. Vernon in 1858. He served as sheriff in Knox county from 1846 to 1852.


Henry Harrison Greer is a native of Knox county, Ohio, born in 1837, and studied law under Messrs. Delano, Sapp and Smith. He was admitted to the practice of law at this bar in 1860 and has been in active and highly successful practice ever since, more than a half century. In 1861, which was the first year of the war of the Rebellion, he was elected county treasurer and refused a second term of that office. Notwithstanding his age, this venerable lawyer is more active than a majority of the younger members of the bar in Knox county, and may be found at his desk daily, year in and year out.


Joseph Watson was a native of Ireland, born in 1827, and came to America in 1849, settling in Newark, Ohio. He came to Mt. Vernon in 1850 and ever afterwards made this his home. He commenced reading law in 1859 with Clark Irvine, Sr .; was admitted to the bar in 1861 and at once entered upon his professional career. In April, 1880, he opened an office in Columbus, Ohio.


Charles Edward Critchfield commenced reading law in 1862 with Maj. William R. Sapp: was admitted to the bar in 1864 and practiced about four years and in 1869 was elected, and in 1872 re-elected, probate judge. which place he filled ably a number of years.


Samuel J. Brent commenced reading law just before the Civil war began and after that terrible strife had ended resumed his studies and was admitted to the bar in June, 1866. In 1869 and 1872 he was elected to the office of clerk of the court of common pleas and in 1878 re-elected for his third term.


David Wesley Wood read law with Judge Hurd; was admitted to the bar in 1868 and to the practice in Knox county in 1869. His preceptor was Judge A. K. Dunn, of Mount Gilead.


Alfred R. McIntire began his study of the law in April, 1867, with Judge Hurd : was admitted to the bar in 1869 and made an excellent attorney. He had for his law partner, at one time. D. B. Kirk, who was the son of Hon. R. C. Kirk, a native of Mt. Vernon.


John Bryan Waight read law with Lewis Lewton, of Cadiz, Ohio, and was admitted to the bar in Carrollton, Ohio, in 1873. In January following he opened his law office in Mt. Vernon, Ohio. He held numerous local offices. including that of solicitor for his city.


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Frank Moore was educated in the city schools of Mt. Vernon and read law with Messrs. Cooper, Porter and Mitchell, and was admitted to the bar in 1875. In 1878 he was elected prosecuting attorney and re-elected in 1880.


Clark Irvine, Jr., studied law with his father; was elected prosecuting attorney in 1874 and again in 1876. At the state Democratic convention, held at Cleveland in 1880, he was elected a member of the Democratic state central committee, and was secretary of that body, as well as a member of the executive department. Later, he was elected and served one term as judge of the court of common pleas for this district.


William McKeen Koons read law under William McClelland and was admitted to the bar July 1, 1874. When yet a youth, he learned the trade of a machinist and draftsman. In 1871 he was elected by the city council of Mt. Vernon as its fire engineer, continuing as such until January, 1876. In April of that year he was elected city solicitor and was re-elected in 1878, but resigned in January, 1880. In the fall of 1879 he was elected a member of the Ohio House of Representatives.


Charles Austin Merriman read law at the Ann Arbor law school; was admitted to the bar in Michigan in 1876, and the same year in Ohio.


Frank C. Lewis was educated in the city schools of Mt. Vernon; com- menced reading law December 6, 1876, with H. H. Greer, and was admitted to the bar at Columbus, February 6, 1878.


Sidney Wood began reading law in 1873, was admitted to the bar at Mt. Gilead in July, 1879, and later in Indiana. He read law with D. W. Wood. In May 1880, he formed a law partnership with his brother in Mt. Vernon.


Frank Harper, after graduating from the city high schools, read law with Col. W. C. Cooper: was admitted to the bar July 7, 1879, and imme- diately entered into the practice of his chosen profession. He soon drifted into the newspaper business and is now owner of the Banner, at Mt. Vernon.


Charles W. Doty came to Mt. Vernon with his parents in 1863. He read law with General Morgan, and was admitted to the bar July 7, 1879.


A. Banning Norton studied law with Col. W. C. Cooper and was admitted to the practice in the supreme court at Columbus, January 6, 1880. He also wrote the history of Knox county and moved to Texas, where he died. He became a prominent man there; was elected judge of the United States cir- cuit court and was postmaster of the Dallas office ; also an editor in Texas.


It may be well, in passing along with the outline history of the men who have made up the Knox county bar, to state that a few have gone away to seek fortunes in other states and cities and finally achieved eminence, such as did Daniel S. Norton, Jr., and William Windom, who left Mt. Vernon about


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the same time for Winona, Minnesota. Norton was a native of Mt. Vernon and Windom of Middlebury township, this county. Windom was soon elected to Congress from his Minnesota district, being a member of the lower house, while Norton a few years later was elected to the United States Senate. After his few years of service there he died in the freshness of his middle-aged manhood and Mr. Windom was elected his successor and finally became sec- retary of the treasury and was talked of as a Presidential candidate when Senator Allison, of Iowa, another Ohio genius, was a candidate and when Mckinley ran the first time, and was elected.


Lafayette Emmett, a native of Mt. Vernon, also removed to Minnesota, in which commonwealth he became one of the supreme judges.


James Smith. Jr., son of the grand old minister, Rev. James Smith, was admitted to the bar of Knox county in 1839 and up to 1856 was counted among the leading attorneys of this county. He was a partner for a number of years of Col. Joseph W. Vance, who was killed at the battle of Sabine Cross Roads. April 8, 1864. In 1856 Mr. Smith took up his residence in St. Paul, Minnesota, where he entered into partnership with Judge Lafayette Emmett. He was a member of the Minnesota state Senate in 1861-62-63 and 1865.


Walter L. Simons located in Kansas, and was soon afterwards elected to the state Senate.


William F. Turner went west and became chief justice of Arizona.


Fletcher W. Sapp, after practicing in Knox county a number of years, located in Council Bluffs, Iowa, where he was appointed United States dis- trict attorney, by the President, and served as colonel of an Iowa regiment' during the Rebellion. 'He then served two terms in Congress.


Henry B. Banning, mentioned at length in the military chapter, was a member of the lower house of Congress for three terms.


Robert B. Mitchell, in 1846, soon after he was admitted to the bar, volunteered for the Mexican war, in which he was elected a lieutenant. After the war ended in 1848, he practiced law in Knox county a few years and went west. served in the Union cause in the Civil war and came home a major-general. He was acting governor of New Mexico territory.


James G. Chapman read law with Hon. H. B. Curtis, and later became his law partner. Early in Civil war times he was attorney in the celebrated . sheep-slaughtering case, in which he appeared for the sheep men. He was not successful in this particular suit and went west, finally located in Ne- braska, where he achieved success and was elected to the Legislature of that state.


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Julius B. Galusha was a law student under Hon. Samuel Israel, and soon after he was admitted to the bar of Knox county he became his pre- ceptor's partner. Subsequently he forsook the profession and became cashier of a bank in Monroe, Wisconsin.


Caleb J. McNulty came to Mt. Vernon from Zanesville about 1838. He is spoken of by members of the bar as being a very intelligent man and an excellent lawyer. He practiced many years and has long since been dead.


William T. Curtis, a son, and William S. V. Prentiss, a step-son of Hosmer Curtis, of Mt. Vernon, were engaged in the practice of law here for a short time about 1850. Young Curtis went to Oregon, and Prentiss lo- cated in Columbus, Ohio; both are long since dead.


Louis H. Mitchell, another Knox county boy, while still at his books in the high school at Mt. Vernon, left all and enlisted in the Union cause during the Civil war. He was a first lieutenant under Colonel Vance. Upon his return from the war he entered the law office of Colonel William C. Cooper, studied the regular period and was made a partner of Mr. Cooper and Henry T. Porter. About the last of the seventies, he removed to Chicago, where he was highly successful in the legal practice.


Another Mitchell, Louis Y., entered the army, fought through the war and came home a captain, studied law, and was admitted to the Knox county bar. Later he received an appointment in one of the departments at Wash- ington.


Frank Green also went through about the same career as Mitchell.


Capt. W. A. Coulter came to Mt. Vernon from Delaware, Ohio, having served three years in the Rebellion, and became a promising lawyer ; he prac- ticed here about three years and then moved to Detroit, Michigan.


John J. Lennon, a native of Canada, enlisted in 1861 in a New York regiment, served through the Civil conflict with much bravery and military distinction. In about 1872 he came to Mt. Vernon from Wooster, Ohio. and began the reading of law, held some government position in the South for a year, then completed his legal studies and commenced the practice of law. In the first months of 1880 he removed to Columbus, where he associated himself, as a partner, with one of the leading lawyers of that city.


THE LAWYERS OF 1880.


In 1880 the following were practicing the legal profession at Mt. Vernon, possibly a few others :


John Adams, who was then serving out his second term as district judge.


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Abel Hart. Jr., at one time a partner of Judge Adams, was then counted a first class attorney here. In 1876-78 he was a member of the Ohio House of Representatives.


Henry T. Porter, a native of Knox county, had been in practice several years in 1880 and was highly successful. His health failed and he was forced to protect himself by taking out-of-door exercise.


J. D Critchfield and J. B. Graham, associated as a firm, were then doing an excellent law business at Mt. Vernon. Both were born in this county and of old and honorable families in Ohio. Both were graduates of Kenyon College, this county.


John M. Critchfield, son of Peres Critchfield and wife, also native to Knox county, and a graduate of Kenyon College, commenced his legal career in 1879.


Ewing brothers and partners, J. D. and D. F. Ewing, came to Knox county from Holmes county, Ohio, about 1875 or 1876.


Clark Irvine, Sr., who died late in the seventies, was another Mt. Vernon attorney who should not be forgotten. He was prosecuting at- torney in 1850 and made an excellent officer. He possessed a rare mind, was self-made and built up a good legal practice.


John M. Andrews, who came to Mt. Vernon in 1846, in the eighties, was still enjoying a lucrative practice.


B. A F. Greer, a native of Knox county, entered the Union army at the commencement of his professional career, served through the war and then came home with a broken down constitution; was elected to the office of justice of the peace, and later to probate judge of this county.


Charles F. Baldwin, another lawyer, never practiced much, but en- gaged in other business. He was connected with the internal revenue de- partment and served as department foreman in the main offices of the Penn- sylvania railroad system, at Columbus, Ohio.


J. Clark Irvine was a son of Hon. Charles C. Irvine and in the early eighties was practicing law in Missouri.


Judge Lafayette Emmett, born in Mt. Vernon, May 8, 1822, was a . brother of Daniel Decatur Emmett, author of "Dixie." He studied law in the office of Columbus Delano, was admitted to the bar, served a term as prosecuting attorney of his native county, moved to Minnesota in 1851, was appointed attorney general of that territory, was member of the con- stitutional convention and at the first election of state officers was chosen chief justice of the supreme court. He moved to Las Vegas, New Mexico, where he lived until called to the position of territorial librarian of New 1


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Mexico. His daughter married Miguel A. Otero, at one time governor of that state.


A. A. Cassil, son of Col. Alexander Cassil, William B. Ewalt, R. M. Brown, E. I. Mendenhall, H. Clay Robinson and Samuel Kunkel were all practicing law in Mt. Vernon in 1880-81. Mr. Cassil was city civil engineer for Mt. Vernon about that date.


Mr. Kunkel was admitted to the bar in 1879; his preceptor was Gen. G. W. Morgan. Before he was admitted to the bar, he had served as county re- corder for two terms.


Samuel W. Farquhar, while a lawyer, always held some county posi- tion. Later he moved to Iowa.


R. S. Lockwood and a Mr. McIntyre opened law offices in Mt. Vernon in 1850, in the old market house. Lockwood was also a preacher and held the office of mayor of Mt. Vernon at one time. He went west in the early seventies, but returned in 1879 and died.


ACTIVE MEMBERS OF THE BAR IN IOII.


At the present date (1911) the following are practicing the legal pro- fession in Knox county :


Park B. Blair, P. A. Berry, L. T. Crumley, C. F. Colville, C. E. Critch- field, George Coyner, R. L. Carr, H. C. Devin, Columbus Ewalt, D. F. Ewing, J D. Ewing. H. H. Greer, R. M. Greer, J. B. Graham, S. R. Gotshall. L. B. Houck, W. A. Hosack, William M. Koons, William G. Koons. H W. Koons, F. O. Levering, J. L. Leonard, Frank Moore, R. R. McIntire, Hugh Neal, Frank Owen, W. F. Rimer, W. L. Robinson, W. C. Rockwell, L C. Stillwell, J. A. Schaeffer, B. E. Sapp, J. B. Waight, P. L. Wilkins. all of the above practicing at Mt. Vernon.


The outside attorneys in Knox county are: B. B. Ferenbaugh, Dan- ville; Henry Weaver, Fredericktown; A. J. Workman, Danville; B. F. Moree, Fredericktown, and Mr. Remmington, of Brinkhaven.


CHAPTER XVIII.


PHYSICIANS OF KNOX COUNTY.


With the settlement of every new country, the family doctor heads in after the first little settlement has been made and there he shares his fortune, be it for joy or sorrow, with the pioneer band. He visits the bedside of the sick of the community and binds up the wounds like a Good Samaritan. The medical profession is among the most valuable and important of any of the professions known to mankind. The science of medicine has rapidly advanced in the last half century. Especially is this true of surgery, which in the last quarter of a century has made wonderful strides and now the uncertainties of undergoing an ordinary operation deter but few from being relieved by the skillful surgeon, who knows just how to use the knife and in what cases it is needed. Both in medicine and surgery, fifty and a hun- dred years ago, there was a vast amount of guesswork, but not so today. But with all that may be said against the old-time doctor, he had so many good qualities of both heart and head, that despite the little that he really knew of the treatment of diseases and the use of medicines, still he endeared himself to the pioneer and by simple suggestions and some medicines, with a lot of sympathy and good nursing, his patients recovered in a majority of cases. He cared for his patients and they cared for him. He would not consult the directory to see if the family calling him was able to pay a fee bill, but bore the summer's heat and winter's blast in getting to the sick chamber and there soothed the fevered brow and gave such remedies as his peculiar school of medicine at that time prescribed.


Then there should be some lasting monument erected-some historical record made concerning the physicians of the pioneer period as well as those who came in at a later date, even to the present-at least some mention of the men who have looked well to the relief of suffering men, women and children in Knox county, with the passing of an hundred years.


It is believed that the first doctor to practice his profession in this county was Dr. Hilliar, a native of England, who came from Zanesville in 1805. He owned four thousand acres of Hilliar township and came on to improve the same, but practiced medicine as well, for the few years he lived. His death was the first in the township named for him. There were


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but few families in the county, and nothing is now known of the pioneer doctor's methods of practice.


The first physician to locate in Mt. Vernon was Dr. Henderson, of whom but little is known other than that he got up a small-pox scare and warned all settlers here to have their children vaccinated, and that pioneer Butler, one of the town site proprietors, ordered him off the premises with a knife, and it so frightened the youthful doctor that he left town and never returned. he not knowing the practical joker that Butler was. This was about 1808.


The earliest physicians of much note were Dr. Timothy Burr and Dr. Byers, who came prior to 1812 and remained and were of much credit to the profession. Burr settled in Morris township and had served as a surgeon in the war of 1812. Byers settled at Fredericktown.


In 1814 came Dr. Burge, who located at Clinton, as did W. Hastings in 1813. In 1814 came to Fredericktown Dr. G. B. Maxfield.


. In 1817 Dr. W. L. Brooks settled at Mt. Vernon, where T. Eugene Clark was an early practitioner. Drs. T. R. Potter and W. F. McClelland settled in Mt. Vernon very early and had a large practice.


Among the very early physicians in this county were those of whom the writer has no knowledge save that they appear in newspapers, as being among the pioneer doctors who carried cards and advertised as much as the times in which they lived would permit, and kept within the bounds of professional etiquette were the following :


Drs. R. D. Moore, J. N. Burr, Kirk, E. M. Mast, Moffett, Captain Elisha Hiatt, A. J. Hiatt, of Jelloway; Thomas B. Miser, Martinsburg; N. S. Toland, John F. Shontz, Martinsburg; A. C. Scott, Bladensburg (Rev. Scott, the Presbyterian minister, was his father) ; Henry A. Childs, of Mt. Liberty, who started the first store there; Riggs, Gunsalus, Foutz, Hildreth, Barkis, Duke, Deckrow, Russell, Green, Bradfield, Robertson, all of Mt. Liberty, at a later date. Not later than 1876 did any of these settle. at Mt. ยท Liberty.


Thomas Walters, M. D., located at Waterford, and later came these doctors who practiced in the vicinity of Waterford: Drs. Clayton W. Townsend, Copeland, Griffee, Turner, Bird, Walters, Spooner, Townsend, Cook, King. C. C. Hill, all of whom practiced at Waterford between 184I and 1881.


William Hayes, M.D., came from Maryland and settled in Milford in 1830; Hatcher Brandon, in Miller township; Wheaton Mills, in the same township : William M. Brooks, at Danville at a very early date and the first doctor of that section of Knox county. He had a large practice in eastern


1


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Knox county for many years. John White, M.D., was also there in 1881 and had a large country practice for many miles around.


David Wadsworth, M.D., came to Fredericktown in 1812. but little can be found concerning this physician, only the date of his coming, which was mentioned in the newspaper files of early date.


At North Liberty, the physicians who had practiced there up to about 1883 were: Drs. John Waddell. Robert Mclaughlin, Ed Booth, T. Jeffer- son Young. George Shira, Charles Mahaffey.


Dr. J. L. Black was at Amity as late as 1881, having a fine practice in that part of the county. He is now deceased.


At Mt. Vernon Dr. J. Hess was still in practice as late as 1880.


Dr. Norman Murray came to the place to establish his medical practice in 1821 and remained a permanent doctor of the county.


From an old biographical record of this county we find the following facts gathered concerning a number of the more prominent physicians of this county, which will throw additional light on the subject of medical men at various dates in this county's history :




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