USA > Ohio > Clark County > Springfield > The centennial celebration of Springfield, Ohio, held August 4th to 10th, 1901 > Part 11
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21
The constitution of 1852 gave to the Probate Court certain defined jurisdiction, and such other as may be provided by law.
148
CENTENNIAL OF
This provision allowing other jurisdiction to be conferred upon the Probate Court has made it a court very little inferior in its importance to the people than the Court of Common Pleas. As first intended by many of the members of the Constitutional Con- vention, it was to be an inferior court which might be presided over by men not learned in the law. With the extended jurisdic- tion that has been conferred, it is now universally believed that on account of its importance, its' occupant should not only be a lawyer, but a good lawyer. The first person to fill the position of Probate Judge was not of our profession. James S. Halsey was born in Warren County, December 7, 1804; he came to Springfield in 1822, and served as Auditor from 1826 to 1836; and from 1836 to 1852, Clerk of the Court of Common Pleas. In the fall of 1851 he was elected Probate Judge, and served one term. He died in Plymouth, Ind., January, 1876. It has been said of him that "he had an innate scorn of meanness, mendacity and sham, which was as natural to him as it was to breathe the vital air. His charity was large, and while giving unostenta- tiously, he gave munificently ; indeed, in everything he did there was an entire absence of ostentation, and, next to dishonesty and fraud, it was probably the object of his profoundest contempt." Such were some of the characteristics of the first Probate Judge.
The next Probate Judge was James L. Torbert, of whom we have spoken heretofore as an occupant of the Common Pleas bench. Upon Judge Torbert's death, in 1859, John H. Littler was appointed to the vacancy, and thereafter elected for three full terms, going out of office in 1870.
Judge Littler was born near Winchester, Virginia, Septem- ber 1, 1820. He came to Clark County in his youth. In 1855 he was elected a member of the Legislature of the State of Ohio. In 1857 he was admitted to the bar; in 1881, twenty-six years from the time that he first entered the General Assembly of .Ohio, he was again elected a member of that body and re-elected in 1883. He died June 8, 1885. Judge Littler was perhaps more of a politician than a lawyer, yet it may, however, properly be said of him that he was a faithful, honest public servant, and a good citizen.
The successor of Judge Littler upon the Probate bench was
149
SPRINGFIELD, OHIO.
Enoch G. Dial, who was born in Clermont County in 1817. He came to this county in 1845 as a professor in the Springfield Academy. In 1849 he was admitted to the bar. He occupied the position of Probate Judge for two terms, from 1870 to 1876. In 1879 he was elected and served two terms in the Ohio House of Representatives. He was a man of scholarly attainments, pos- sessed of fine literary taste and acquirements ; active and indus- trious in promoting the interests of various character which affected the welfare of the City of Springfield. He was careful and painstaking, and left the reputation of an able, cautious and conscientious judge. He died in 1896.
Judge Dial was succeeded on the Probate bench by John C. Miller, who occupied the same until December, 1890, when he resigned to accept the position of Common Pleas Judge. Madi- son Over was appointed to fill the vacancy of seven weeks, to February 9, 1891, when the writer of this paper assumed the position of Judge of Probate Court. He occupied the same for two terms. and was succeeded in 1897 by James P. Goodwin, the present incumbent.
In 1883 an amendment was passed affecting the judiciary of our State by the organization of a new intermediate court, known as the Circuit Court. Previous to this time, it was the practice for three members of the Common Pleas bench to sit as an ap- pellant court and review actions brought from the Common Pleas. As this court was composed of members who sat in the trial of the case below, it therefore made the judge review his own decision. It was not very satisfactory, and, besides, the Common Pleas Courts, by the increase of business, had so much of the time of their judges taken up that, as judges of the Dis- trict Court, they could not give that consideration to the causes before them that was required. Any way, the people were sat- isfied to have a new intermediate court. At the first convention to select judges for this new court, Clark County presented the name of Judge Mower, but was unsuccessful in having its candi- date endorsed for the nomination. Afterward, when Judge Will- iams was promoted to the Supreme bench, Clark County again presented a candidate in the person of Judge Charles R. White. but was again doomed to the disappointment of defeat. In 1894,
150
CENTENNIAL OF
upon the retirement of Judge Stewart, Clark County again pre- sented a candidate in the person of Augustus N. Summers. This time carrying into execution the old adage that the third time brings success. Mr. Summers received the nomination. He was elected in the fall of that year and again re-elected in 1900. Judge Summers was born in Richland County, June 13, 1856; admitted to the bar in 1881. His gentlemanly conduct, courteous bearing, and industrious habits, have made him a wise and suc- cessful judge.
Until the year 1887, the Mayor of the City of Springfield performed the duties of a police magistrate. The Legislature of the previous year passed a law creating the office of Police Judge. The first occupant of this position was Luther F. Young. He was succeeded in 1891 by Charles E. Morris, now a resident of Columbus. In 1893, O. B. Trout became Judge of the Police Court, and in 1895 he was succeeded by William R. Horner, who in turn was succeeded in 1899 by J. J. Milller, the present in- cumbent. All the occupants of the Police Court bench were members of our bar and are still such with the exception of Charles E. Morris.
"Great men die and are forgotten ; Wise men speak; their words of wisdom Perish in the ears that hear them."
This, no doubt, has been the penalty of a large portion of the members of our bar. The court records disclose the indi- vidual names of persons who had proceedings there. But other- wise no record appears containing the names of the members of our bar, since the organization of our Common Pleas Court. In order to enable future generations to know who have been so fortunate or unfortunate as to expend their eloquence in our courts, I would suggest that a register be kept by the Clerk of our Court, in which every person practicing there should be re- quired to register. The first attorney whose name appears upon our law record is that of Henry Bacon. Other names closely following are those of George W. Tewett and I. Cooley. In the Chancery Court, the first paper was filed by H. Flournoy, and soon thereafter the names of T. C. Flournoy and William Else-
151
SPRINGFIELD, OHIO.
berry appear as attorneys. I am not positive that any of these, with the exception of George W. Jewett, were residents of our city. Jewett combined the newspaper business with his law busi- ness, and was editor of the "Pioneer." The records of our court would not be an infallible guide to furnish a list of attorneys of our bar ; for, in the earlier times, it was the custom of the lawyers to practice in various counties in the circuit. Throwing their saddle-bags, with a few books, on their horses, they would follow the judges from county to county, either to try causes in each county. or in the hope of being retained in some one. Clark County being new, and the City of Springfield young, many dis- tinguished counsel came from distant parts of the State. From recollection, an early settler has given the names of the follow- ing lawyers who practiced law here prior to the adoption of the present constitution : George W. Jewett, Platt, Higgins, Mott. A. G. Burnett, William A. Rogers. James M. Hunt, William White, .J. B. Underwood, Joseph B. Craig, Joseph Anthony, James L. Torbert, Robert W. Carroll, William Cushing, Sam- son Mason, Charles Anthony and Harvey Vinal.
In 1852, a directory of the City of Springfield gave the oc- cupation of the following persons as attorneys-at-law : Charles Anthony, J. R. Coverdill, John Foos (the directory was mis- taken ; Mr. Foos read law, but was never admitted to the bar), George Frey, J. S. Goode, Samson Mason, Rodney Mason, R. R. McNemar, A. D. Rogers, Samuel Shellabarger, George Spence. J. L. Torbert, William White, and H. Blair Wilson.
General Samson Mason and General Charles Anthony were by far the most conspicuous members of our bar from 1824 to 1860. While both were of the same political faith. yet they were rivals in politics as well as at the bar. General Mason was more aristocratic in his bearing and deportment, and more scholarly in his attainments, and more popular with the learned and aristo- cratic element of our people, while General Anthony, of fine presence and agreeable manners, was more approachable and more popular with those who scorned to belong to what they termed the "cultured aristocracy." General Mason was born in New Jersey in 1793. He was the first Prosecuting Attorney of Clark County, served a number of terms in the Legislature, was
152
CENTENNIAL OF
eight years in the United States Congress, and during the ad- ministration of Millard Fillmore was United States Attorney for Ohio, and was a member of the Constitutional Convention of 1852. As a lawyer he had a reputation which extended beyond the State. His professional circuit embraced the counties of Clark, Greene, Champaign, Union, Logan and Madison. He was an honest lawyer and faithful manager of all business in- trusted to his care. His bearing was dignified, and his language that of a scholarly gentleman. He was in every sense of the term a true gentleman of the old school. He died in this city, Febru- ary 1, 1869.
General Anthony was born in Richmond, Virginia, and came to Ohio in 1811, and to Springfield in 1824, and died March 31, 1862. His popular manners soon gave him a practice and a prominence at the bar that established him as a worthy rival of General Mason. He was not so fortunate in being elected to public positions, but for a number of years was a distinguished member of the General Assembly. In 1840 he was appointed by General Harrison as United States Attorney for Ohio, and held it for four years. Always active and enterprising, in all public measures he was foremost. He gave very great attention to the Masonic fraternity, and'was elected Grand Master of the State. After his death a new lodge of Masons was organized in our city which bears his name.
A great lawyer who came upon the scene of action about the time that Mason and Anthony were drifting away by reason of old age, was Samuel Shellabarger. In many respects he was the most prominent and gifted of the lawyers that ever honored the bar of Clark County with his presence. ' He was born December IO, 1817. in Mad River Township, of this county, and died. Au- gust 7, 1896, in Washington, D. C. Admitted to the bar in 1846, he came to practice law in Springfield in 1848. He was elected to the General Assembly in 1852, and to the Congress of the United States in 1860, and served several terms until 1873. In the United States Congress he was recognized as among the fore- most of statesmen, and it was said by Blaine that "he was distin- guished for the logical and analytical character of his mind. Without the gift of oratory, paying little leed to the graces of
153
SPRINGFIELD, OHIO.
speech, Mr. Shellabarger conquered by the intrinsic strength of his argument, which generally amounted to demonstration. His mind possessed many of the qualities which distinguished Mr. Lincoln." After retiring from Congress, he removed to Wash- ington for the purpose of practicing his profession, and was en- gaged in many of the most important matters of litigation that appeared in the Supreme Court of the United States. His indus- try and faith to duty and to his country were crowning virtues ; he was as good an example as the history of our profession fur- nishes, of an able, learned and Christian lawyer.
George Spence's name appears upon the record about the same time as Mr. Shellabarger's. He was born in Pike Town- ship in 1828, and was admitted to the bar in 1850, died February 6, 1895. He had the reputation of being the best jury lawyer that ever appeared in our court. Popular in his manner, he had a larger personal acquaintance in the days of his prime than any person in our county. Active in body, with a wonderfully live and vigorous mind, he brought into the trial of his cases great vigor. His argument in a cause was sometimes compared to zigzag lightning-you never knew where it was going to strike, but it was sure to strike somewhere, and with great force. Mr. Spence had the misfortune of not receiving what might be termed a good education, and his environments and associations in early life were not such as led him to the highes elevation of a good citizen. Naturally, he had a mind which, perhaps, never was surpassed by any member of our bar. He was active and `energetic in matters pertaining to the welfare of our city. A Democrat in politics, prevented his acquirement of political posi- tions. But for many years he was acknowledged as one of the wheel-horses of that party. He was a delegate to the celebrated Charleston Convention, in 1860, which adjourned to Baltimore and nominated Stephen A. Douglas for the Presidency, which precipitated the terrible civil conflict of 1861. Large investments and loose business habits caused Mr. Spence to lose his property in his declining days. He possessed many excellent traits of character, and was very faithful to the interests of clients con- fided to his care. In his long active professional and business career he aided many persons needing aid and assistance. While
154
CENTENNIAL OF
he was not a great jurist, he was, in his palmiest days, an exceed- ingly good trial lawyer.
Purely as a lawyer-and he sought distinction in no other way, excepting that of good citizenship-Samuel A. Bowman had no peer at the bar of Clark County, and but few in the State of Ohio or the United States. He was born at Zanesville, Janu- ary 13, 1832, graduated from our own Wittenberg - College in 1852, and commenced the practice of law in the City of Spring- field in 1854, continuing in a large and lucrative practice until the day of his death, which occurred July 5, 1895. His early as- sociations with General Mason gave him a large clientage in his younger days. He was purely a lawyer, and his profession was his only ambition. His practice extended through all the courts of the United States, and he was able and worthy to meet any adversary in that broad field. He possessed a mind of great natural vigor, which was trained to its highest capacity by methodical study, reading and thought. Often on the street his mind was engrossed with thoughts of matters pertaining to his profession, and he would pass a friend without recognizing him. This gave the impression to many people that he was aris- tocratic in his ideas and selfish in his disposition. It is true he was not a good "mixer" with the populace ; as a politician he was not a success ; but as to all his dealings with man, he was just and generous. He had the power to grasp the salient features of his case to a wonderful degree, and could plan and formulate the method of action and execute a defense second to none. He was the originator of the beautiful Ferncliff Cemetery, the Sav- ings Bank, the Associated Charities, and other matters pertaining to the city's welfare. Three sons-Edmond O., John E., and Border-continue the lucrative practice left them by their father, and exhibit many of his distinguishing characteristics, Border giving his attention chiefly to the practice of Patent Law, in which his noted father was an adept.
In 1864 'the names of the following persons are given as practicing law at our bar: Aaron Cochran. A. P. Linn Cochran, David M. Cochran, John B. Hagan, D. A. Harrison, Saul S. Hinkle, Samson Mason, Samuel Bowman, T. J. Pringle, J. K. Mower, George C. Richardson, Joshua D. Sharon, Samuel Shel-
155
SPRINGFIELD, OHIO.
labarger, J. S. Goode, George Spence, John McGaffey, and H. Vinal. David M. Cochran, a brother of A. P. Linn Cochran, died the latter part of the sixties. He was a very brilliant lawyer. possessed of many excellent traits.
In 1881, the following were enrolled as members of our bar : George Arthur, S. A. Bowman, A. T. Byers, M. T. Burnham, W. F. Bevitt, A. G. Burnett, A. P. L. Cochran, C. W. Constan- tine, Milton Cole, B. Chinn, E. G. Dial. W. H. Dugdale, Charles Dunlap, Graham Deuwell, A. H. Gillett, Frank C. Goode, F. M. Hagan, E. O. Hagan, W. R. Horner, James Johnson, Jr., O. B. Johnson, J. Warren Keifer, C. C. Kirkpatrick, John H. Littler, J. K. Mower, Oscar T. Martin, P. B. Martin, B. F. Martz, J. F. McGrew, J. J. Miller, Percy Norton, W. S. Newsberry, James H. Piles, Thomas J. Pringle; George C. Rawlins, J. H. Rabbitts, R. C. Rodgers, W. M. Rockel, C. B. Rockhill, D. S. Runyan, George Spence, W. A. Scott, Frank Showers, Joseph Tritt, E. S. Wal- lace, F. W. Willis, W. H. Willis, Charles R. White, Fletcher White, Amos Wolf, Walter L. Weaver, C. F. Yakey.
There are other members of our bar whose names do not appear in the list above given, who died in early age or removed to other scenes of action. James Willis came within forty votes of being elected Mayor, and died suddenly about the year 1870. He was a young lawyer of brilliant parts and promising future. Milton Cole, a member of this bar, was born in 1848, elected Mayor of the city in 1875, and again in 1877 ; was a man of quiet demeanor, with considerable legal ability. For a number of years before his death he suffered from a paralytic stroke, which incapacitated him. He died in 1894. J. J. Hanna, a member of this bar and Mayor of the city in 1870, removed from the city, and shortly thereafter died. J. F. Oglevee was a former member of this bar and partner of General Keifer, served as County Au- ditor from .1871 to 1874; thereafter represented this county two terms in the Legislature, and was State Auditor for a number of years, and is now a resident of Columbus, engaged in manu- facturing.
Frank C. Goode, son of Judge James S. Goode, was born in this city in 1853, admitted to the bar in 1875, and died in 1887. He was a young man having many of the striking characteristics
156
CENTENNIAL OF
of his distinguished father, and, had not death called him so soon, would no doubt have had a very distinguished legal career. Willis S. Walker, son of General Moses Walker, of Kenton, was for a short time a member of our bar. Afterward he was Chief Clerk in the Secretary of State's office under General Robinson. From there he went West, and died in the prime of young man- hood. He was of studious habits, and, for his age, a very good lawyer.
John D. Burnett, who died in January, 1899, was a member of our bar, but for many years was not actively engaged in the profession. He is remembered as a kindly old gentleman who painstakingly and carefully looked after the interests entrusted to his care. John H. Thomas was admitted to the bar in 1851, but soon thereafter went into the manufacturing business, in which he acquired great wealth. In later years he mingled some in State politics, but held no important positions. Percy Norton, James Homan and Randolph Coleman, one time members of our bar, are now also engaged in the more lucrative calling of manu- facturing. George Frey, who was a member of the bar in 1852, and is yet alive and with us, was but a short time if ever an active practitioner. The venerable Thomas F. McGrew was for nine years an active member of the Steubenville bar, but never prac- ticed here.
William D. Hill, later a Congressman in Northern Ohio, was at one time a member of our bar and Mayor of the city in the early sixties. Charles Evans, who was afterward a Common Pleas Judge in Cincinnati, and now a practicing member of that bar, was a member of our bar during the latter part of the six- ties. There was also about the same time an attorney by the name of Jacob R. McGarry, a member of our bar, who afterward went to Cincinnati. From the time of his admission, in 1868, until 1893, when he left for New York City, no one was better known at our bar than Edward S. Wallace, who was born in Kentucky in 1846 and came to Springfield in 1855. Mr. Wallace was a man of commanding presence, versatile in thought and action, popular in manner and demeanor. His greatest force was in the criminal practice, where his fine appearance and great ora- torical powers gave him more than ordinary success. He was a
157
SPRINGFIELD, OHIO.
brilliant conversationalst, but not as careful and cautious in his habits as he might have been. He was at one time a Democratic candidate for Attorney General, afterward elected as an inde- pendent candidate for Mayor, and still later chosen by the Repub- licans of Clark County as their candidate for Congress.
Of the present members of our bar in active practice, Gen- eral Keifer is the oldest as well as the most distinguished. He is strictly a product of Clark County, born in Bethel Township, January 30, 1836. Admitted to the bar in January, 1858; enter- ing the Civil War in 1861, he rose to the rank of Brevet Major General of Volunteers in 1865. In 1876 he was elected to Con- gress and thereafter re-elected three times. In 1881 he was elected Speaker of the House of Representatives. In 1898 he was appointed a Major General of Volunteers in the Spanish War. While not engaged on the field of war or in the halls of Congress, General Keifer was an active, energetic member of our bar, and still continues to be such. He never in his life knew what it was to be idle or take a vacation. A few years ago there was issued from the press a very creditable work of which he was the au- thor, entitled, "Slavery and Four Years of War." He was an excellent soldier, an energetic legislator, a good lawyer, and in all respects ever was and still is a good citizen of our community. It is the wish of all that he may long continue to remain with us ..
Among others of our older members of the bar, whose names I would not be justified in omitting, is A. P. Linn Cochran (the honorable chairman of this day). Mr. Cochran was born ( I pre- sume he will not have any objection to my stating his age) in Cumberland County, Pennsylvania, 1836, and came to our bar in 1859. Since that time he has been a lawyer, walking strictly in the higher plane and true nobility of a lawyer in his chosen pro- fession. The reason that he has not received distinction else- where is because he would not accept official positions. I need not say to you that which you all know, he is a citizen "whom all would delight to honor."
T. J. Pringle was born in Clark County, near South Charles- ton, in 1838, and admitted to our bar in 1864, and was Prosecut- ing Attorney shortly thereafter for seven years. Mr. Pringle is too well known to everybody to need any particular comment.
.
158
CENTENNIAL OF
He is of fine appearance; affable and genial, and during his ca- reer at our bar was as well beloved for his kindly social qualities as any member who ever graced it by his presence. Mr. Pringle served two terms as State Senator from our Senatorial District.
George C. Rawlins, a present, able, active, and energetic member of our bar, was Prosecuting Attorney from 1876 to 1880, and thereafter served with distinguished honor for two terms in the lower house of the General Assembly. Walter L. Weaver served ten years creditably as Prosecuting Attorney, and from 1896 to 1900 was an able member from this district to the United States Congress.
Chase Stewart served two terms as Prosecuting Attorney, from 1889 to 1895; and from 1895 to 1899 he served two terms in the General Assembly. Horace WV. Stafford has served two terms as Prosecuting Attorney. M. T. Burnham and D. Z. Gard- ner have each ably served one term as City Solicitor. Albert H. Kunkle creditably filled the position for four successive terms. Victor Y. Smith is the present incumbent of that office. John L. Plummer very ably served one term as State Senator from this Senatorial District.
Frank W. Geiger is now Referee in Bankruptcy. J. F. McGrew served two terms in the Legislature. He was a promi- nent member and came very near being elected Speaker. He is a good public speaker and now President of the Commercial Club.
James Johnson, Jr., a good lawyer and good fellow, credit- ably served one term as Mayor. John B. McGrew is the present Prosecuting Attorney. Oscar T. Martin and George Arthur. both eminent members of our bar, have never held public posi- tions. Mr. Arthur has not, for the reason that he belongs to the party in the minority, and, further, that he thinks more of his profession than he does of political positions. Mr: Martin has not occupied public positions solely for the reason that he wishes to devote all his time and energy to the practice of his profes- sion, and by doing so he has built up an enviable practice and bids fair in the not far distant future to be the leading member of our bar. .
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.