USA > Ohio > Clark County > The history of Clark County, Ohio, containing a history of the county; its cities, towns, etc.; general and local statistics; portraits of early settlers and prominent men, V. 1 > Part 29
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of his success. The reported decisions of Judge White, running through the volumes of the Ohio State Reports from the Fourteenth to the Twenty-sixth inclusive, and Volumes 29, 31, 34 and 35, are recognized by the profession of this and other States as models of clearness and perspicuity, for the extensive research, profundity of thought and thorough appreciation of legal principles embodied therein. The decisions, when cited, are given additional cogency by the assertion that they were rendered by Judge White.
The only other Judge promoted from the bar of Clark County to its bench is the present Judge of the Court of Common Pleas, Hon. James S. Goode.
Judge Goode was born in Warren County, Ohio, January 22, 1823. His parents were residents of the Old Dominion, but, early in the history of the State of Ohio, came from Virginia to Warren County, where they passed their remaining years. Judge Goode was educated at Miami University, from which he graduated with high scholarship in 1845. After an earnest application to the study of the law, in January, 1848, he was admitted to practice. He opened an office in Springfield at the same time, but, in April of the same year. he formed a partnership with Gen. Charles Anthony, and continued in active prac- tice uutil 1875. He was at one time Mayor of the city of Springfield, and also ably filled the office of Prosecuting Attorney for two terms. During the twenty- seven years of an active practice, Judge Goode was among the recognized lead- ers of the bar. He had an extensive and lucrative practice, created by his en- ergy and ability, being retained on one side or the other of all the important cases. Incessant application made such inroads upon his health as to demand relaxation. An untiring worker in his profession, it became necessary for him to leave it entirely. Thereupon, in 1875, he abandoned it for leisure, but he was not permitted to enjoy his ottum cum dignitate, for a request was made to him by the members of the bar to accept the nomination of Common Pleas Judge. He did so, and was elected to the office by the unanimous vote of both political parties. When he took his seat upon the bench, the docket of our court was crowded by the accumulation of years. Justice was tardily adminis- tered, and the law's delay was the cause of much dissatisfaction. Judge Goode began to press business with the same energy and dispatch which he had dis- played at the bar. Almost continuous sessions of the court were held in the illy ventilated, contracted and uncomfortable accommodations provided for holding court, to the injury of his health. He soon began to lighten the bur- densome dockets, and so continued until the mass of business was cleared away, and a suit could be brought and tried during the same term. The administra- tion of justice by Judge Goode has received the approbation of the bar. His careful examination of a case, the practical business view with which he scru- tinizes it, the absolute impartiality of his decisions, his kindness to the younger members of the bar, and his deference to all, have made him an honored and respected Judge. While not an active partisan, he was a Whig in political faith, and has been connected with the Republican party since its organization. He has also been identified with the business interests of the city, and general interests of the county.
THE BAR.
The members of the bar as it, existed at the organization of the county can- not now be given. There is no recorded evidence of their names. The musty volumes which lie smoldering in the vaults of the court house do not disclose them. The condition of the country at that time did not furnish sufficient bus- iness for lawyers to locate in our county seat and attend simply to the business of the county. So they were compelled to travel the circuit, and thus the attor- ney who had any reputation found himself docketed in causes in a dozen or
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more different counties. With the older lawyers came the younger member of the profession, who also traveled the circuit, briefless, and often penniless, in the hope of being retained in a case, and thus begin his arduous work. Hence we find that most of the early licigated cases in Clark County were tried by attor- neys who came here from other counties. Of the early bar of this county, as far back as 1831, there is but one survivor here-the venerable Edward H. Cumming -- who has vivid recollections of the pioneer lawyers of those days. He names as some of the members of the bar who were engaged in practice here before 1840, 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. There were other lawyers here who were engaged in practice, but their names have passed from the memories of the older lawyers.
Gen. Samson Mason, born in New Jersey in 1793, was one of the most promi- nent lawyers in this part of the State. The beginning of his career dates back among the early years, while his professional life closed only with his death, in 1869. Gen. Mason married the youngest daughter of the well-known Dr. Need- ham, of Springfield, a lady noted for her accomplishments and eminent personal qualities, who was a most pleasant and valuable companion of the General dur- ing all his public career. Gen. Mason served in the Lower House of the Ohio Legislature for several terms. He was afterward elected to the Senate. In 1880, he was Chairman of the committee which revised the statutes of the State -- a very important work-a Senatorial Elector on the Clay Presidential ticket, was actively interested in the State militia, and held different positions in the State service. He was at first Captain of a very fine cavalry company here, and afterward became, successively, Colonel, Brigadier General and Major General. He was elected to Congress in the autumn of 1834, and served eight years, re- tiring in 1843. In 1840, he refused to be a candidate, but was nominated and elected in spite of his protestations. Afterward, in a peculiar emergency, he consented to serve a term in the House of Representatives. During the admin- istration of Millard Fillmore, he was United States District Attorney for Ohio The volume of the debates of the Ohio Constitutional Convention in 1850 and 1851 show he was a prominent member. He was again in the State Senate dur- ing the first year of the late war. As a lawyer, Gen. Mason had a reputation which extended beyond the State. His professional circuit embraced the coun- ties of Clark, Greene, Champaign, Union, Logan and Madison. It is estab- lished upon reliable authority that for one whole year he was engaged in every litigated case tried in all this territory, and gained every one of them.
Gen. Mason's public life was stainless. His integrity was never questioned. He was an honest lawyer and a faithful manager of all business intrusted to him. He was interested in all public matters. Our elder citizens remember how stoutly he advocated the cause of the city schools, and how withering the sarcasm directed against those who exerted " a malign influence " against them. So withering and so potent was his manner and language that these two words became a current phrase in common conversation. In all matters bearing upon the public and private interests of the community, Gen. Mason always took a leading part. He accomplished very much for this city, and rendered very important service to the State at large, and was very useful as a public servant. at Washington. The General had a most catholic spirit, embracing in his Christian love the entire race of men. In union religious meetings, his voice was frequently in exhortation and prayer, and no one who ever heard him in such a capacity will ever forget his fervent utterances. For many years, he was a member of the First Presbyterian Church. His health had been failing for
Maren Keifer.
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some time, but his last sickness was brief, although very painful. He died in this city February 1, 1869. His son, Rodney Mason, who was at one time a member of the law firm of Mason, Bowman & Mason, is now engaged in the practice of the law in Washington, D. C.
Charles Anthony -- or Gen. Anthony, as he was more widely known -- was a prominent member of the bar from 1824 to 1862. He was the third son of Joseph and Rhoda Anthony, who were members of the Society of Friends of Richmond, Va. Gen. Anthony came to Ohio in 1811, settling on a farm in Clinton County, but, soon after, he removed to Cincinnati, where, March 23. 1820, he was married to Miss Elizabeth Evans, and came to Springfield in 1824. As soon as he engaged in the practice of his profession here, he began to develop rapidly into the successful jury lawyer. He was a man of sterling integrity, of force of character, and suavity of manner, which made him popular among the people. He was three times elected Representative in the State Legislature, and was one of the most efficient, dignified and popular speakers of the House. Following his service in the Lower House, he was chosen to the Senate in 1833. In 1840, Gen. Anthony was an active participant in the Harrison campaign, making speeches all over the State, with Tom Corwin; had a great reputation upon the stump, and was in great demand. As a reward for his zeal, under the Harrison-Tyler administration, he was appointed United States Attorney for Ohio, and held it four years. In all public enterprises, he was foremost in voice and deed, and was one of the architects of the good fortune of the city. The Masonic fraternity recognized in him a leader. He was elected Grand Master of the State. His death occurred March 31, 1862, and he was buried with Masonic honors. The funeral was attended by an immense concourse of citizens, such was the universal respect in which he was held. The bar of the county passed appropriate memorial resolutions. His son, Joseph, was engaged in the practice of the law. He was a young man of promise, but died shortly after he entered his profession.
Hon. Samuel Shellabarger, the most prominent lawyer in the annals of our bar, who to-day stands foremost at the American bar, and has added to the achievements of the lawyer a national reputation as a statesman, read law in Spring- field under Samson Mason, and was admitted to practice in the winter of 1816, and immediately thereafter located in Troy, Ohio, having formed a partnership with Hon. Thomas Smith, of Dayton, Ohio. Mr. Shellabarge. remained in Troy about a year, when, in 184S, he returned to Springfield and entered into a partnership with James M. Hunt. Mr. Shellabarger was elected to the first General Assem- bly which met under the new constitution. In 1859, a partnership was formed with Judge James S. Goode, but the next year Mr. Shellabarger was elected to Congress. He took his seat in the extra session of the Thirty-seventh, called for July, 1861. He was re-elected to the Thirty-ninth, Fortieth and Forty- second Congresses. During his service in the Congress of the United States, Mr. Shellabarger took a prominent part in all measures of national importance. He was an eloquent speaker, and his voice always gained him auditors. In the exciting periods which called for prompt and judicious action on the part of Congress, Mr. Shellabarger was considered a safe guide. He was one of the recognized leaders of the House, and wielded a potent influence. He was a faithful adherent to his party, but eminently just. Throughout his Congres- sional career, not even his bitterest political opponents could say aught against lis honesty.
His incessant application to his public duties baving seriously impaired bis health, an appointment as Minister Resident to Portugal was accepted, in the hope that a sea voyage and a change of climate would restore his system to its wonted vigor; but he was compelled to resign in December, 1869. In the fall
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of 1870, he was again elected to Congress, and, after serving that term, has so far permanently retired from public life and engaged in the active practice of his profession. Mr. Shellabarger has been for several years, and is now, prac- ticing law at Washington, D. C. The eminent ability which he has displayed as a lawyer has brought him lucrative employment. As one of the counsel before the Electoral Commission at Washington, the most august tribunal the world has ever known, his argument in favor of the election of the Republican candidate received national commendation.
George Spence, who has been the leading Democratic lawyer of the bar for a number of years, is a representative of that class of men who, by their own indefatigable efforts, have attained a position of prominence in the community. Mr. Spence is "to the manor born," his birthplace being in Pike Township. By energy and perseverance, Mr. Spence was enabled to obtain an education during his early youth, and, being of a mathematical turn, at seventeen he secured the position of Assistant County Surveyor, which he held several years. During the fall of 1845, he was severely injured by being caught in the "tum- bling shaft" of a thresher horse-power, from which he has never fully recovered. He taught school the following winter, and began to read Blackstone, with a view of securing a profession which would not require manual labor, for which he was unfitted. The following year, he attended the spring term of the Springfield High School, and continued his studies, teaching at intervals, and also attended a course at Gundry & Bacon's Commercial, Business and Law College at Cincinnati, afterward reading law in the office of Rogers & White, and was finally admitted to practice in the spring of 1850. In 1851, he opened a law office, where he has since continued to practice his profession. Mr. Spence has been identified with the growth and history of this city and county for upward of thirty years. He is a Democrat in politics, and thor- oughly identified with his party in this city, county and State. He was a mem- ber of the Charleston Convention in 1860, and the candidate of his party for State Treasurer in 1865. Mr. Spence's energy is a marked characteristic, and to this trait, and his natural ability as a lawyer, is largely due the success to which he has attained, in spite of his early disadvantages.
Gen. J. Warren Kiefer occupied a prominent position at the Clark County bar, but his distinguished services in the war of the rebellion have merged the lawyer into the soldier, and when again he resumed his practice, he was called into the service of his country as a statesman, so that his biography must, for the most part, narrate his achievements in the field and in the forum, as they have interfered with his professional career. Gen. Kiefer is another native of the county, having been born in Bethel Township January 30, 1836. His edu- cation was obtained in the public schools and at Antioch College. In 1855, he commenced the study of law with Gen. Charles Anthony, in Springfield; was admitted to the bar January 12, 1858, practicing his profession thereafter. Upon the inauguration of hostilities in 1861, he volunteered, was commissioned Major of the Third Ohio Volunteer Infantry, and mustered into service on April 27. On the 12th of June, the regiment re-enlisted for three years, was assigned to McClellan's command, and participated in the battles of Richmond. Cheat Mountain and Elkwater. In November, 1861, it was transferred to Buell's command, in Kentucky. In February, 1862, Maj. Kiefer was promoted to Lieuten- ant Colonel, and was engaged in the campaign against Bowling Green, Nashville and Huntsville. On September 30, 1862, he was appointed to the Colonelcy of the One Hundred and Tenth Ohio Volunteer Infantry, joining Milroy's command in Virginia, and, in the winter of 1862-63, commanded the post at Moorefieldl; was slightly wounded in the battle of Winchester, in June, 1863, while com- manding a brigade. He was severely wounded (having his left arm shattered)
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at the battle of the Wilderness, May 5, 1864, but was not thereby prevented from joining Phil Sheridan's army at Harper's Ferry, with his arm still in a sling. In this maimed condition, he was engaged in the battles of Opequon, Fisher's Hill and Cedar Creek, receiving in the former engagement a shell wound in the thigh, which did not deter him from leading a brigade successfully in the bat- tles occurring almost immediately thereafter. "For gallant and meritorious services " in these battles, he was brevetted Brigadier General, and as such, assigned by President Lincoln December 29, 1864, and joined the army in front of Petersburg. taking prominent part in the important engagements just pre- ceding. In 1865, Gen. Kiefer was brevetted Major General "for gallant and distinguished services," and was mustered out of service on the 27th of June of that year, after a military service of four years and two months. Returning to Springfield, he resumed the practice of his profession in July, 1865. On November 30, 1866, he was appointed Lieutenant Colonel of the Twenty-sixth Regular United States Infantry, which he declined. In 1867, he was elected to the Ohio Senate. In 1868, while Commander of the Grand Army of the Repub- lic, he organized the " Board of Control," for the establishment of the "Soldiers' and Sailors' Orphans' Home." at Xenia, of which the State assumed control in 1870, making Gen. Kiefer one of its Trustees. In 1876, he was elected to the Forty-fifth Congress from the Eighth Congressional District of Ohio, by a hand- some Republican majority of 3,716 votes, being, two years later, re-elected in the Fourth District, over W. Vance Marquis, by 5,00 votes, receiving three- fifths of the whole vote cast. In the October State election of the year ISSO, he received, as Representative of the Eighth District, 5,918 majority, the largest ever polled by any candidate in this district. In the Forty-fifth Congress. he served on the Committee on War Claims, and in the Forty-sixth on the Elec- tions Committee.
Samuel A. Bowman, who was at one time the law partner of Gen. Mason, and afterward associated with Judge Goode, was a graduate of Wittenberg Col- lege, and commenced the practice of the law in Springfield. Mr. Bowman soon rose to a commanding position at the bar. He has a well-deserved reputation throughout the State as a corporation lawyer, and his services are required for the most part in the higher courts of the State and in the United States. He has also conducted some important and intricate patent suits, which involved thousands of dollars. Mr. Bowman has not mingled in politics to any great extent, having never been a candidate for any office except that of a member of tha Constitutional Convention. His professional duties have absorbed his time and attention.
Among the other members of the bar who may be counted among the older lawyers are Hon. John C. Miller, the present Probate Judge, who has also filled the office of Mayor of the city, Prosecuting Attorney and City Solicitor; Hon. J. K. Mower, who has been City Solicitor and Representative in the General Assembly; A. P. L. Cochran, Esq., who has never been an aspirant for political preferment, although he has been frequently solicited for the use of his name for various positions of trust; Hon. John H. Littler and E. G. Dial, each of whom have filled the offices of Probate Judge and Representative in the Ohio Legislature: D. M. Cochran, brother of A. P. L. Cochran, and former partner, was a prominent member of the bar, but died several years ago: James Willis was also a young man of brilliant parts, but died shortly after he commenced practice.
There has been no organization of any kind connected with the Clark County bar until recently, when, at a called meeting of the members of the bar, April 5, 1878, an attempt was made to form a Bar Association. S. A. Bowman, Esq., was made Chairman of the meeting, and F. M. Hagan, Esq., appointed
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Secretary. A large number of the attorneys were interested in the matter, and at this meeting a committee of five was selected to report a plan of organiza- tion. This committee consisted of the following gentlemen: S. A. Bowman. George Spence, Oscar T. Martin, Charles R. White and F. M. Hagan, with instructions to make their report at the next meeting. The association met again April 12, 1575, and this committee presented a constitution and by-laws. which was duly adopted and signed by most of the lawyers in the city. On the 15th of April, the association elected their officers and appointed standing com- mittees as follows: President, S. A. Bowman; Vice President, George Spence; Secretary, J. J. Hanna: Treasurer, Charles R. White; Executive Committee, A. P. L. Cochran, F. M. Hagan, A. H. Gillett; Investigating Committee, J. K. Mower, Oscar T. Martin. J. Harry Rabbits; Legal Reform Committee, George Arthur, J. F. Oglevee, W. A. Scott; Law Library Committee, T. J. Pringle, F. C. Goode, W. H. Dugdale. No further meetings of the association have been held, for the reason that it was deemed advisable to wait until the completion of the new court house, and also because it was expected that the association would be mergd into a library association. The preliminary measures for the organization of the latter were taken, but they have not been completed. The following are members of the bar of Clark County, Ohio, as enrolled in 1881. Some are not in active practice:
George Arthur, S. A. Bowman, A. T. Byers, M. T. Burnham, W. F. Bevitt, A. G. Barnett, A. P. L, Cochran, C. W. Constantine, Milton Cole, B. Chiun, E. G. Dial, W. H. Dugdale, Charles Dunlap, Graham Duwell, A. H. Gillett, Frank C. Goode, F. M. Hagan. E. O. Hagan, W. R. Horner, James Johnson, Jr., O. B. Johnson, J. Warren Kiefer, 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. Newberry. James H. Piles, Thomas J. Pringle, George C. Raw- lins, J. H. Rabbits. R. C. Rodgers, W. M. Rockle, C. B. Rockhill, D. S. Run- yan. George Spence, W. A. Scott, Frank Showers, Joseph Tritt, E. S. Wallace, F. W. Willis, W. H. Willis, Charles R. White, Fletcher White, Amos Wolf, Walter L. Weaver, C. F. Yakey.
THE NATIONAL ROAD.
The National road, known in law, and for many years generally, as the Cumberland road, on account of its eastern terminus at Cumberland, Md. The opening of this "good. broad highway leading down" was a prominent event in the history of the whole Northwestern Territory, and especially so in that of the counties and towns through which it passed. Few of the present generation, or at least the younger portion of it, are, apparently, familiar with the record of this once celebrated avenue. yet the perusal of that record will bring to mind many deeds and names, dates and facts connected with an important epoch in the history of our whole country. The work is a monument that may call to mind the good old days of honest contractors and able supervision. More than half a century has elapsed since it was constructed. yet its details of location. grades, road-bed, masonry, bridges, etc., are, in a general way, as good as when first established. The Government monogram. U. S., is as clearly visible upon all these, as though it were as indelibly stamped there, as it is upon muskets and mail-bags.
The history of this important public work begins with the admission of Ohio into the Union, having its origin in the same act, from which the following is extracted.
"An act to enable the people of the eastern division of the territory north- west of the river Ohio to form a constitution and State Government, and for
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the admission of said State into the Union, etc.
etc., * * * * *
* Be it enacted.
* * * * Section 7 (last paragraph), "That one-twentieth part of the net proceeds of the lands lying within said State, sold by Congress from and after the 30th day of June next, after deducting all expenses incident to the same, shall be applied to the laying-out and making public roads, leading from the navigable waters emptying into the Atlantic to the Ohio, to the said State, and through the same. Such roads to be laid out under the authority of Congress, with the consent of the States through which , the roads shall pass." * *
* * * *
*
*
"Provided, That the said State shall provide by an ordinance, irrevocable without the consent of the United States, that each and every tract of land sold by Congress, after the 30th day of June next, shall be and remain free from any tax, laid by said State, for the term of five years from the day of sale." Approved April 30, 1802.
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