The biographical cyclopaedia and portrait gallery with an historical sketch of the state of Ohio. Volume III, Part 69

Author: Western Biographical Publishing Company, Cincinnati, Ohio
Publication date: 1883
Publisher: Cincinnati : Western Biographical Publishing Company
Number of Pages: 686


USA > Ohio > The biographical cyclopaedia and portrait gallery with an historical sketch of the state of Ohio. Volume III > Part 69


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of law under the tuition of the late Governor Seabury Ford, in the spring of 1838. It was thought by some that he under- took the profession reluctantly, but such was his ardor in his new pursuit that in three months he was obliged to give him- self a vacation in whichi to recuperate. He was admitted to practice in 1840. At his examination, in the presence of the Supreme Judges, a question, mooted among the lawyers of that day, was asked him, concerning certain estates in tail in Ohio. His answer was accepted as the solution of it. To his grief and disgust, not another was put to him, and he was obliged to sit through the torture of three or four other young men under the pitiless queries of the committee, and was not permitted to correct their blunders. He had almost memorized the first volume of Chitty's "Pleadings," in which he found his profit through all his professional life. His legal curriculum also embraced, among other books, Buller's "Nisi Prius," and Bacon's "Abridgment." He found for the first time, in Governor Ford's office, Shakes- peare's, Scott's, and Irving's works, and Smith's "Wealth of Nations," all of which he found time to read. He also made liimself felt as a political speaker in the Harrison campaign of 1840. Three weeks after his admission to the bar the Whig county convention nominated him for the of- fice of Prosecuting Attorney, and he was duly elected. His predecessor and competitor, O. P. Brown, held the office by appointment until his successor should be elected and quali- fied. At a term of court immediately following his election, he appeared, to enter upon the duties of his office, when it was objected that to qualify him he must be commis- sioned by the Governor of the State. The statute was silent on that point. The matter was argued at length by the older lawyers of the opposing parties, before the Democratic associates, Wright, Brackett, and Bosley, and decided against the prosecutor elect. Mr. Riddle then arose in his own behalf, and in a brief speech, brought out a new point- that the clerk of the Court was the returning officer, and the Governor could alone be informed of the election by the clerk's certificate. Mr. Riddle exhibited that certificate to the court which appointed the clerk, but which decided that it could not see it, and must wait to be told by the Governor what the certificate was. The point was brought out so broadly, and made to look so absurdly ridiculous, that the whole bar and crowded court-house burst into a shout of laughter, in which the court joined, though adhering to its decision. The applause and congratulations from the old lawyers quite compensated the young advocate for the delay of his office. In the intervening time he devoted himself wholly to criminal law, and at the ensuing term of court, upon entering his office, he met with a decidedly brilliant success. He received convictions in several important cases, losing but one verdict, and was complimented by Judge Willey from the bench, as the youngest and ablest prose- cuting attorney in his circuit. At this time quite all the prac- tice before Justices of the Peace in Geauga County was in the hands of the "irregulars," among whom David T. Bruce and Dr. Thrasher were most famous. At the com- mencement of his law studies, young Riddle was called to try cases before the magistrates, and in a few months his prac- tice in these courts was quite extensive ; it increased until his admission to the bar, and was not limited to Geauga County. Popular estimate of him was flattering and rapidly extending, and the region often rung with stories of his contests with Bruce and Thrasher. At this time, also, all the business of


the counties of Geauga and Lake was in the hands of the Painesville lawyers. Mr. Riddle now formed, in Chardon, a partnership with the late Alfred Phelps, a good lawyer, a man of fine culture, but of exclusive manners, and without confidence in himself as an advocate. His business was ex- clusively on the chancery and probate sides of the court. Into the new firm Mr. Riddle could bring little save his ability and determination to succeed. He had not a law-book, not a dollar of money, hardly a decent outfit of cloth- ing. He was twice re-elected Prosecuting Attorney, serv- ing a term of six years, at the end of which time he was engaged in nearly every case tried at Chardon, and had quite a practice in Lake County. Among the prosecutions conducted by him with much credit, were the cases of Britton for murder, and Dr. Meyers for liorse stealing. Mr. Riddle was an ardent Whig of the Giddings class. Long before 1848 he was noted for bitter philippics against slavery. Upon the nomination of General Taylor, he issued the first call for a mass-meeting at Chardon, which inaugurated the "Free- soil" party of Ohio. Leading men came from the surround- ing counties; they were timid and hesitating, and attempted to control the large gathering in the interest of conservatism. After two or three hours of cold counsel, Mr. Riddle took the floor, and ere he left it, at the end of a half-hour, the tide which was to overwhelm the Whig party of Ohio had swept in. The convention unanimously declared against Taylor, and was immediately followed by similar conven- tions in all the Reserve counties. The Whig party did not disappear, even on the Reserve. It bolted in a mass. Geauga and Trumbull Counties at that time comprised a leg- islative district, and the Whig conventions of both counties nominated Mr. Riddle for the House, with Isaac Lee, of Trumbull, as his colleague. These nominations were fol- lowed by others from the new Free-soil party. That was a memorable year in the history of Ohio, for the revolutionary attempt on the part of the Democracy to overturn the exist- ing government and seize the State. The immediate pretext was the effort of the Whigs to divide Hamilton County, thereby gaining from a part of it a Whig district with two Representatives and a Senator. To prevent the passage of the bill, the Democratic Senators seceded, whereupon the Whigs managed to pass the bill in the House by resolution, and declared it a law. The Democrats then called a State convention, declared the law void, appointed a conimittee of safety, and perpetrated an unusual amount of other folly. The election was close. The presence of the Free-soil party prevented either of the old ones from securing a ma- jority in either House. At the opening of the ensuing ses- sion the Democrats mustered their forces, entered the hall of the House at an early hour, swore in all their members, and organized themselved as a House. The Whigs also made their way in, and extemporized a House of their own, Of the eight Free-soil members, three joined the Whigs and three allied themselves with the Democrats, thus at once los- ing the force of a separate body large enough to control. In this state of confusion, Mr. Riddle entered the hall with Mr. Lee; Mr. Riddle addressed the Democratic Speaker, and they were sworn in. Upon application, Mr. Riddle, also, was en- rolled in the Whig House, and in the confusion and disorgan- ization which prevailed during the following five weeks, he was the only member recognized by both sides, and he alone was permitted to address the fragments of Houses. After a day or two of excitement, the Free-soilers were enabled to


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harmonize, and Mr. Riddle presented to the two Houses their propositions for reorganization. It was received with yells, hisses, and groans, by the Democrats, and with ap- plause by the Whigs. Mr. Riddle attempted to address the mobs, and the Democrats tried to prevent it by renewed up- roar. They soon came to a better understanding of the spirit and temper of the man before them. He delivered his speech, which has been accredited as among the first efforts of the kind made in the Ohio House, and which familiarized the State and country with his name. The House was finally organized on the basis of the Free-soil proposition, and in all matters where the Whigs and Free-soilers acted together dur- ing that session, Mr. Riddle was their acknowledged leader. It was through his efforts that while there were elected a Democratic Speaker and a Free-soil Clerk, the Whigs were awarded the Sergeant-at-arms; while the Judges elected ac- corded with the political majority of the counties and circuits for which they were chosen. Among the speeches delivered by Mr. Riddle during the session, those on the repeal of the division of Hamilton County, and the so-called "Bal- ance of Power," commanded much attention. Though de- testing Mr. Chase, the Whigs preferred that the Democrats should elect him to the Senate to helping the Free-soilers elect Mr. Giddings; accordingly Mr. Chase became a Sen- ator. Notwithstanding Mr. Riddle had obtained for the Whigs what they could not for themselves, and though cer- tain it was that by his personal influence with the Free-soilers was secured the small majority wliich made his old tutor and friend Governor of Ohio, the Whigs of Geauga were completely alienated from him. Peter Hitchcock, Jr., was nominated for the House, and Governor Ford made speeches in the canvass against Mr. Riddle. Personally, Mr. Riddle was popular with the Democrats, and during this year their conventions nominated him for the House. Mr. Riddle was the only Free-soiler re-elected, and by a majority largely in excess of the entire Democratic vote. When the Legisla- ture reassembled, the parties were found to be nearly bal- anced again. The Free-soilers presented Mr. Riddle's name for Speaker; the Whigs withdrew their candidate in his favor, but he was defeated by the treachery of Spelman, Free-soiler from Summit County, who voted for the Demo- cratic candidate, Leiter, so as to secure the election of Stan- ley Matthews as Clerk of the House. Mr. Riddle was de- feated by one vote; Mr. Stanley Matthews by a large majority. During the session the office of Secretary of State was offered to Mr. Riddle, which he declined. He introduced and carried through a bill for a Constitutional Convention, and on his return home was pressed to accept a seat in the convention, irrespective of party ; this, also, he declined. It is not too much to say that at this time he was regarded as quite the most promising man of his age in the State, and was thought to possess talents and address of the kind needed to insure success. Seemingly, the inclination of his mind was not in the direction of politics. He began life with a resolve to owe no distinction which he might achieve to mere official position. Whatever might be the estimate of friends of his ability to win popular place, he had learned by a short and unpleasant experience that he was unfitted to enjoy it. His health had been for many years greatly impaired, and it was feared that it would be unequal to the severe strain he imposed upon himself. In January, 1845, he married Caroline, eldest daughter of the late Judge Avery, of Chardon, a young lady of rare grace of figure and


of strong, sweet traits of character. With his wife and chil- dren he took up his residence in Cleveland in the spring of 1850, where he formed a partnership with the late Samuel Williamson, a lawyer of position and acknowledged ability, and determined to dedicate himself purely to his profession. It may be admitted that the branch of the law to which Mr. Riddle most devoted himself, though not from choice, is better calculated to win a paragraph in a newspaper, than to command the attention of a banker, commission merchant, or railroad king with an important commercial case. The criminal lawyer may find it pleasant to have a reputation for making eloquent, witty, or pathetic addresses; men of busi- ness sometimes go to hear such performances, but they sel- dom give general or even special retainers to such advocates, . unless they happen on the wrong side of a desperate case. Upon his removal to Cleveland, Mr. Riddle took Mr. A. H. Thrasher into the Chardon firm, extended engagements into Lorain and other counties, and made his first appearance in the criminal court at Cleveland for lack of civil business, where he was soon largely engaged. His most important case of this date was the trial of Brooks, a man who placed obstructions upon the track of the Cleveland & Pittsburg Railroad, which led to the death of the engineer and injury to several others. Mr. Riddle defended Brooks, who, after a protracted trial, was convicted of murder in the second de- gree. The prosecution was conducted by the late F. T. Backus. Mr. Riddle's defense placed him among the best criminal lawyers and advocates of Ohio. His partner, Mr. Williamson, a very able man, was of singularly retiring manners and habits. A year or two later he was elected Prosecuting Attorney, that the county might have the serv- ices of his partner as prosecutor; the preparation of indict- ments and trial of cases mainly devolving upon Mr. Riddle, who succeeded Mr. Williamson at the end of his term. Mr. Riddle declined re-election. He adopted as rules of official conduct never to prosecute a doubtful case, and never to prosecute a man of whose guilt he himself had doubt, even though certain of convicting him. Such was the public confidence in him that no complaint was ever made of his conduct of the State's cases under these rules. Conviction was generally looked for when he put a man on trial, unless, as sometimes happened, the evidence induced him to aban- don the case. Of the fifty last cases for various felonies tried by him, the record shows forty-seven convictions. Among the much-talked-of cases prosecuted by him were Parks, for the murder of Beatson, removed from Summit to Cuyahoga County; of Cameron, Stead, and others, for the purchase of property and payment for it in counterfeit money. Mrs. Stead, disguised as a man, made the purchase, paid the money, and sold the property to a third person. Mr. Riddle prosecuted the whole party, though long baffled by the disguise of Mrs. Stead, who was called Brown, and could not be found, of course. The public were much shocked at Cameron's arrest, as he was not present at either sale. He was a young lawyer, was on pleasant terms with the State's attorney, and but a little while .before had bor- rowed from the latter "Story on Sales." When the book was returned, it was discovered that a certain leaf had been turned down and a certain passage marked, which to a quick eye revealed his complicity in the matter by discovering the law relied on, and the lawyer who advised the mode of pur- chase and transfer. The scheme was to rob the owner of his property and place it in the hands of the third party in


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such a way as to make his title legal, although he actually paid nothing for it. When Mr. Riddle penetrated the dis- guise of the person who made the purchase, discovering Cameron's mistress in Mrs. Stead, the evidence was complete. The Cleveland bar generally, including Andrews & Spaul- ding, volunteered in Cameron's defense. All the accused were convicted, however, though Cameron managed to escape out of the country. Later, Mr. Riddle secured the pardon of Mrs. Stead, whose career was one of sad romance. Another case of note in these years was the Cole seduction and breach of promise case, at Painesville-a strange, tragic affair, which Mr. Riddle closed for the plaintiff, in reply to Mason, of Cleveland, and Sherman, of Ashtabula. Also the case of Chamberlin vs. Sherman-a breach of promise trial in Geauga County. Chamberlin, a designing man, arranged a marriage between his daughter of nineteen and Sherman, a well-to-do farmer of seventy. On the morning of the wed- ding-day, Sherman's friends rescued and carried him from Parkman to Claridon, where the same day they married him to a respectable middle-aged widow. Hon. John Hutchins and others were for the plaintiff, Riddle & Thrasher for the defense. It was legally a question of damages, and the old man was rich. The promise and breach of it were confessed. The case seemed to have been invented for Mr. Riddle, its conditions being so exactly to his liking and capacity. While addressing the jury, Hitchcock on the bench strove in vain to stem or to break the tide of sarcasm, ridicule, and wit that over- whelmed the plaintiff's case. The girl was out of court; the father, the defendant, and his wife were present; the old man propped up in an arm-chair. Hutchins and the judge did what they might, but a general verdict was returned for the defendant. The court offered to set it aside, but the plaintiff would not go to another jury. The justly celebrated "Oberlin Rescue Case," before the United States Circuit Court for the Northern District of Ohio, occurred in the lat- ter of these years. John, one of the most abject of the black race, fled from his master in Kentucky, and, as many of his race before had done, found refuge in Oberlin. Armed with a power of attorney, one Jennings, of Kentucky, se- cured a United States marshal in Ohio with a warrant under the slave act, for John's apprehension. Instead of openly arresting him, they stole into the neighborhood, had John decoyed and betrayed into their hands, and fled with him to Wellington. The alarm was given, and Oberlin rushed to the rescue. John was recaptured and sent to Canada. Pro- fessor Peck, Ralph Plumb, and some twenty others were in- dicted, and put on trial at Cleveland, in April, 1859. The indicted put the case entirely in Mr. Riddle's care, with au- thority to take to his aid any of the bar whom he might choose. The parties were tried separately. The District Attorney, George W. Belden, was assisted by Hon. George Bliss, both prominent Democratic lawyers. In the first trial, that of Mr. Bushnell, Mr. Riddle was assisted by R. P. Spalding, F. T. Backus, and S. O. Griswold. The trial produced great excitement in Ohio, and through the North generally. Mr. Riddle's argument occupied two days. Por- tions of it provoked great applause, the District Attorney de- manding that the court-room be cleared. Dan Rhodes, a cousin of S. A. Douglas, himself a prominent Democrat and wit, wept profusely during portions of the speech, and ex- cused his emotion by saying that "it was all he could do for Riddle." There were none but Democrats on the jury ; they of course convicted the prisoner, the verdict surprising


nobody. Bushnell's conviction was followed by that of Charles Langston. Both prisoners were sentenced, and the court adjourned. Their advocate took the case to the State Supreme Court, and Judge Scott allowed a writ of habeas corpus in the cases of Bushnell and Langston ; the marshal attached the record of conviction to his returns, and thus the whole case was under review. It was heard before the whole bench, and argued at length by Mr. Riddle and Attorney-general Walcutt for the relators, Judge Swayne, now of the United States Supreme Court, appearing with Mr. Belden for the United States. The court decided, two for a discharge, and three for upholding the law. The defense now changed its tactics. The grand jury of Lorain County indicted the Kentuckians, marshal and posse, for kidnap- ing, under the Ohio statute, and they were arrested. This changed the complexion of affairs. Able counsel from Ken- tucky held an interview at Cleveland with Mr. Riddle and his associates to learn their purpose. They were frankly told that it was designed to force the United States to aban- don further prosecution of the "rescuers," and to liberate those already convicted. "Don't you know," demanded Mr. Stanton, of Kentucky, "that John was a slave, and that his pursuers had a right, under the United States laws, to take him by any means they chose?" "I know all that," was Riddle's answer; "but don't you know that although John was a slave, you can't identify the man you captured as John the slave? He is beyond your reach now, and you have not a witness in the world by whom you can prove that he was the slave. Your gang, instead of executing their warrant like men, kidnaped the boy as thieves; and as kidnapers they shall be tried, convicted, and sent to the penitentiary, unless these men are liberated." The Ken- tuckians went on to Lorain, where, by the temper of the people, they found that this threat would certainly be ex- ecuted, and, humiliating as it was to Slavocracy, the terms were acceded to, and further prosecution of the cases was abandoned. The " Rescuers," who for months had been in jail, returned home to hold a grand ovation, at which it is fair to imagine their chosen advocate as the principal figure. The well-known Judge Jeremiah S. Black, of Pennsylvania, was at the time United States Attorney-general, and in the event of a decision by the Ohio Supreme Court adverse to the fugitive-slave act, there was great peril of a collision be- tween the two governments. Salmon P. Chase was then Governor of Ohio, and, at his request, the Attorney-general of the State appeared with Mr. Riddle. Had the " Rescuers" been liberated by the Supreme Court of Ohio, the ultimate result was beyond human forecast. Some years afterwards Judge Black and Mr. Riddle sat face to face at a dinner table in Washington. Judge Black was indulging in rem- iniscences of that time, and with his usual force was setting forth the peril and the means which he had prepared to meet it. He went on to speak of a lawyer of Ohio, by the name of Riddle, who, he said, had been instrumental in bringing about this dangerous state of things, and whom he would like to see, and hear what he had to say for himself. A gentleman at Judge Black's side told him that the author of that mischief was the person who then sat before him. The Judge looked in amazement at the smiling and still youthful face opposite him. "What did you intend to do by your course?" he asked. "To secure the acquittal of my clients," was the reply. "Did you not know that you were imperiling the peace and integrity of the government?"


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" If the Supreme Court had decided your slave law to be unconstitutional," said Mr. Riddle, in reply, "it would not have been the law of Ohio. If, then, you should have sought to enforce as law that which was not law, the responsibility would have rested with you. I confess, Judge, that the idea of precipitating over that act of Congress a collision between Ohio, under Chase, and the United States, under Buchanan and his Attorney-general, did occur to me as a thing not to be shunned. It might have hastened the present war, when the South would have been as little prepared as the North was." A spirited discussion followed, which was the begin- ning of a warm friendship. Judge Black had already seen an argument of Mr. Riddle's, in the case of "Ohio vs. Cole," of which he expressed much admiration: A year after their encounter he wrote to Mr. Riddle to form a law partnership with himself in Washington, which would have been ac- cepted but for the fact that Judge Black did not then intend to reside in Washington. His declared wish was that his young son, Chauncey, might be trained to jury practice by Mr. Riddle. The Judge often declared Mr. Riddle's novels the best American novels written. The case of Cole just al- luded to was one of mnuch temporary notoriety, both for the atrocity of the murder, if murder it was, of a wife to make way for a mistress, and for the ability of the counsel em- ployed in the trials. The first was in Geauga; the court, believing in the defendant's innocence, changed the venue to Ashtabula, where a capital conviction was never obtained in any case. R. P. Ranney, Sherman, and Thrasher made the defense, Mr. Riddle conducting the prosecution. His re- ply, following the arguments of Sherman and Ranney, was conceded to be the most brilliant ever delivered in that re- gion, was reported at length, and widely read. Although the jury acquitted Cole, the people condemned him, and he fled the country in fear of an execution of the popular judg- ment. In 1858, Mr. Riddle had been talked of for. Con- gress; but he declined to canvass in opposition to his personal friend, Edward Wade. In 1860 the popular manifestations for a change were so decided that he made an active can- vass. The contest was for the nomination. His most for- midable competitor was Hon. F. T. Backus. He was a few years Mr. Riddle's senior, was able and popular, was sus- tained by the powerful and wealthy conservative wing of the Republican party, and by the open partisanship of the Cleveland Herald, the Leader remaining neutral. A more high-minded and honorable canvass could not have been made where all parties were so warmly interested, and, though Mr. Riddle was the successful candidate, both gentle- men remained, as they had before been, warm personal friends. Mr. Riddle's district was then composed of Cuya- hoga, Lake, and Geauga Counties. In July, 1861, he took his seat at the extra session of the Thirty-seventh Congress, called to meet and devise measures to overcome the Rebel- lion. It may be observed that in American history no time has ever occurred when it was so impossible for a new man to make a reputation as during the Thirty-seventh Congress. The executive was the whole government. The legislative merely went to swell the arm and augment its force and power. Fame crowned the brows of the soldier ; the legis- lator was not named. Had there been peace, the time was past when a name could be made by a single speech, or a reputation in one Congress. Mr. Riddle was one of the few who early predicted that the rebels would fight. He was among the first to enlist, though his exceedingly delicate




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