USA > Ohio > Clinton County > The history of Clinton County, Ohio, containing a history of the county; its townships, cities, towns, etc.; general and local statistics; portraits of early settlers and prominent men; history of the Northwest territory, Volume 1 > Part 41
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Sewell erected a grist-mill and saw-mill on the Little East Fork, about two miles above Clarksville. The improvement was one of great utility to the neigh- borhood. The stream which was depended upon to furnish the power was small, and in the dry seasons of the year would not run the mill. Steam-mills in time came into use, and water-mills on the small streams went out of use. The Sewell Mills shared the common fate. Decay seized upon the buildings, a freshet swept away the dam, and wash from the hillsides filled up the race. Judge Sewell was not a distinguished hunter; but out of two who are known to have killed an elk each, he was one. This feat was performed in early times not far from the mouth of Wilson's Branch. David Sewell settled near the College Township road, where Jacob Lair now resides. A part of his dwelling, a hewed log house, is now occupied by Mr. Lair as a dwelling. John settled on the farm now owned by Ira S. Taylor. His dwelling-house is still in use for the same purpose. . Judge Sewell erected a temporary dwell- ing, but soon after erected a large, hewed-log house on the road which is still standing, where he lived many years. In 1814, Judge Sewell was elected Justice of the Peace for Vernon Township. The office was one of great dig- nity at that time, and was generally bestowed upon the most substantial citizens. Since then there has been some change in the bestowal of this really impor- tant office; now a commission as Justice of the Peace is not a patent for ex- alted worth. In person, Judge Sewell was tall, straight and spare. In gen- eral conversation, he was not a man of many words, but he expressed his ideas clearly sensibly and candidly. His integrity was beyond question, and his moral character unblemished. He died about January, 1842.
" Benjamin Hinkson was born in Cynthiana, Ky., and came with his father, Judge Thomas Hinkson, to Clinton County, Ohio, in 1806. He was engaged in work upon the farm until 1816, when he became Deputy Clerk of the Court for Fayette County. He was admitted to the bar and began the practice of the law in Wilmington in 1820, which he continued until elected Secretary of State for Ohio, in 1834. He served as member of the Legislature of Ohio from 1826 to 1834. In 1836, he was elected President Judge of the Court of Com- mon Pleas for the judicial circuit composed of the counties of Clinton, War- ren, Butler and Greene. At the close of his term of seven years as Judge, he resumed for a time the practice of the law, but his interests turned to the farm, to which, in 1852, he retired and engaged in stock-raising. Here he re- sided until the close of his long life of about eighty-three years. He died at his old home in Wilson Township March 14, 1877."
Of Judge Benjamin Hinkson, Dr. A. Jones, who knew him intimately, speaks as follows: "We remember his first appearance at the bar in Wilming- ton. It was near the close of the year 1821, when he appeared in court as attorney for Col. Thomas Gaddis, who made application for services rendered in the war of the Revolution. Hinkson was then nearly twenty-one years of age. Modest, courteous and gentlemanly, he aided the old Revolutionary sol- dier in getting his pension. * * * We have met but few men, perhaps none, who possessed a higher sense of honor, a greater veneration for truth, than did Judge Hinkson. Untruth and insincerity had no abiding-place in his mind or heart; benevolent, generous and kind, he was ever willing and ready to aid the needy. Judge Hinkson was one of the early settlers in Clinton County. He was born in the State of Kentucky in 1800, and in 1806 he with his father and family emigrated to the State of Ohio, and settled on the border of a prairie through which a little stream known as Anderson's Fork passed. At the date of the arrival of the Hinkson family their pioneer home was in Ross · County, Ohio, now Wilson Township, Clinton County. Judge Hinkson, when a boy, visited his father, who was then in command of a company of scouts in the
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northern part of the State, at or near Fort Meigs. Here young H. remained, doing duty for the term of eight months. After peace had been made, he went into the Clerk's office in Fayette County, where he served as Deputy for two years. In the years 1819 and 1820, he attended the Chillicothe Academy, reading law in the meantime with Judge Henry Brush. In the latter part of 1820, he was admitted to the bar and opened an office in Wilmington, where he continued to practice law until 1834. At the October election in 1826, he was elected to the Legislature, where he served through five terms. In the winter of 1834, he was elected Secretary of State for the three years. In 1836, he was elected Judge of the Seventh Judicial Circuit. He remained on the bench for the term of seven years. In 1843, at the expiration of his judi cial term, he returned to the practice of law in Wilmington, where he remained until 1858. He then retired to his farm in Wilson Township, where he spent the remaining period of his life. While on his farm, he was the polite and courteous gentleman, fitly representing a class of men unfortunately now al- most extinct. In March, 1877, Judge Hinkson died of paralysis, in the seventy-eighth year of his age."
The preceding were the early Judges of the district, all prominent as pio- neers and members of the judiciary. It is impossible to give extended sketches of all the Judges who have sat on the bench at Wilmington, and it would not, perhaps, be wise to discriminate except in the cases of the earlier ones. Extended notes of Judges R. B. Harlan, W. H. Baldwin, A. W. Doan and others will be found in other parts of the volume. The attention of the reader is now called to notices of a few of the carlier members of the Clinton County bar.
"The first lawyer who settled in Clinton County was James Montgomery. He was licensed to practice law at Lebanon in 1803, at the first term of the Supreme Court held in Warren County. The time of his birth, his lineage and race have escaped my researches. He was a bachelor when he came here and when he went away. The precise time of his coming is undated by court re- cords and general history. All that I have been able to ascertain with cor- tainty is that he was here as early as the first sale of lots in the county seat, at which sale he purchased Lot No. 131 on Columbus street, now the site of Sam- uel Darbyshire's dwelling. His name appears on the records of our courts for the first time at the fall term of the Common Pleas October 18, 1810. On that day, the court appointed Mr. Montgomery to the office of Prosecuting Attorney for the county at a salary of $60 per year, payable in three installments at the close of each term of court. Of course he thanked the court for the honor they conferred, and quite as much, as a matter of course, he thought, if he did not say, that the salary was outrageously low for an office involving so much re- sponsibility and requiring so much labor, vigilance and solicitude. During the entire time that Mr. Montgomery resided here he was without a rival, resident of the county; but he seems never to have secured more than a small part of the civil business in the courts, and such business as he did secure was not of the weightiest character. For this, two reasons might be assigned. Mr. Mont- gomery may not have been a lawyer of great legal talent or skill, while several of the non-resident members of the bar regularly attending the courts here were men of learning and ability. Among these I name John McLean, after- ward Judge of the Supreme Court of this State, and still later of the Supreme Court of the United States; Joshua Collett, afterward Judge of the Common Pleas and Supreme Courts; John Alexander, William Ellsberry and Thomas Freeman. Others of less note also attended the courts here, but not so regularly. In May, 1811, Mr. Montgomery sold Town Lot No. 131, heretofore referred to, and Lot No. 130, alongside of it (which last was purchased at the second sale
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of lots in the county seat) to George Green, for some small sum. There is evidence to show that Mr. Green did not purchase with a view to make money, but to secure himself for money paid or to be paid by him for Mr. Montgomery. In April, 1812, Mr. Montgomery brought suit for Jesse Lane and Elizabeth, his wife, against Robert Stanley, for slander of the wife, and took a note for his fee. The note was assigned, and it is inferred, assigned in due course of business, that is to pay a board bill. The suit was dismissed June 1, 1812. On the next day, Mr. Montgomery was paid $20 out of the county treasury for his services as Prosecuting Attorney. This was the last money paid him on that account, and in the entry made of it, Mr. Montgom- ory's name appeared for the last time in connection with his late office. At the next term (October, 1812), William R. Cole's name appeared on the roll of officers of court as Prosecuting Attorney. June 5, 1813, Mr. Lane filed an injunction bill against Mr. Montgomery and his assignee for relief. The bill complains of tho action of Mr. Montgomery in the suit and about the note. (None of that, howover, has anything to do with my present purpose.) And he stated that Mr. Montgomery, Into a citizen of Clinton County, was then, June, 1813, a citizen of Fayette County. Conceding to Mr. Lane the utmost candor and accuracy in statement in regard to the residence at the time of Mr. Montgomery, and in the absence of contradictory evidence, we hold his state- ment as properly closing debate upon the subject. The trail left by Mr. Mont. gomery has been dim from the beginning. Here his last footsteps, as far as discernible by the writer, abruptly end."
A. H. Dunlevy, in the article before quoted, stated that Samuel H. Hale was the second lawyer who came to Wilmington, while Judge Harlan atrarded that honor to William R. Cole. The evidence is that both came in the latter part of 1812, Mr. Cole, perhaps, having come a few days or weeks before Mr. Hale's arrival. Mr. Cole and his brother Samuel composed the family of Sol- omon Cole, which latter person located at Wilmington in 1813. Judge Harlan wrote thus of Mr. Cole:
"William R. Cole was born in the city of New York, in 1780; the pre- cise date not ascertained. While quite a small boy, he was taken to Lexing- ton, Ky., then little more than acluster of block-houses, stockades, and settlers' cabins. There he was brought up and educated. In 1801, Mr. Cole attained full age. Of his history for the next ensuing nine years, there is no account whatever. I infer that he spent about two years of the nine in reading law, as a prerequisite to his admission to the bar. August 13, 1810, at Cleveland, Ohio, he was licensed to practice law by the Supreme Court. Beyond this simple fact the inquirer is left to grope in the dark. Where he studied law, under whose instructions he read, or how he spent the time which he evidently did not employ in legal studies, are matters involved in very great darkness. The next appearance of Mr. Cole is in Greene County, in the region, I believe, of Bellbrook, or rather near where Bellbrook now is. The date was 1812. In that year he married Miss Susannah Elam, of that neighborhood. There is reason to believe that he had resided some time here before the marriage was consummated. If so, how was he employed? My impression is, in school- teaching. The fruits of his marriage were two daughters, Sarah Ann and Emeline, and one son, Alfred C., the youngest of the three. Sarah Ann was married to Rev. Aylette Raynes, now of Kentucky, July 4, 1833. Emeline died unmarried several years ago. Alfred died before his sister, also, I be- lieve, unmarried. In October, 1812, Mr. Cole settled in Wilmington. On the 5th day of that month the Court of Common Pleas elected him to the office of Prosecuting Attorney for the county. This position he held until the sec- ond Tuesday in October, 1834, when the office became elective by the people.
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Mr. Cole was not a candidate before the people for the office. His immediate successor was his friend John Taaffe, now the Rev. John Taaffe. Mr. Cole's father settled in Wilmington in 1813. On October 14 of that year, Asa Hol- comb, the first merchant in Wilmington, conveyed to Solomon Cole the lot on which the first goods in Wilmington were sold. The number of the lot is 110, near the railroad, on which stands the dwelling long the residence of Robert B. Harlan and still occupied as such by members of his family and in which Mr. Cole resided for many years. The lot with other lots afterward purchased by the father were intended for the son, and on the death of the former in 1824, this intention was fully carried out by will. Of Mr. Cole from 1812 to 1818, little is known deserving particular inention. He had, no doubt of. it, a large share of the legal business in the courts of the county, much of it important and lucrative, and he seems to have conducted it about in the usual way. In 1818, he was elected to the State Senate, and re-elected in 1820, for the coun- ties of Clinton and Greene. Mr. Cole, in 1826, was a candidate for Represen- tative in Congress in the district composed of the counties of Clinton. High- land, Brown and Adams, but failed of election. His successful competitor was William Russell, who was re-elected several times, and still later represented the Scioto District in the Lower House of Congress. In 1827, Mr. Cole lost his wife. On the 18th day of December, in the same year, he was married to Mary McManis, third daughter of Judge George McManis. In the fall of 1829, Mr. Cole united with the Christian Church at, Wilmington, having a short time before been immersed at Dayton. In the month of April, 1837, he removed from Clinton County to Wilmington, the then county seat of Dear- born County, Ind., with the view to the practice of the law at that place. , An- other object, it may be, was to bring his son forward at the bar, he having been reading law for some time with the view to become a professional lawyer. How well ho succeeded in business there we know nothing; perhaps not as well as he expected. His son died soon after, before attaining any great prominence at the bar. In 1843, Mr. Cole removed again. He left Indiana, and settled at Princeton, the county seat of Bureau County, Ill. His object, doubtless, was to obtain professional business and to be near the relatives of his wife. He was not there very long. On the 10th day of April, 1847. he died. For this event he seems to have been well prepared. A friend writing to me says: 'He died in the ripeness of his intellect, and fullness of his Christian faith and hope.'"
The following summary of the life and works of Samuel H. Hale is made up from an article published a few years since by Dr. A. Jones: " Mr. Hale was born February 14, 1787, in Randolph County, N. C. His parents were Jacob and Martha Hale, the former being by trade a wagon-maker, in whose shop the son served until he had reached the age of twenty years. Young Hale's time was taken up almost entirely by his work, and very little of it was spent in the schools which then existed in the neighborhood of his home, and which were poor at best. He, however, in the spare moments he had, stored his mind with historical and biographical facts, and, through the many years of his life, retained the knowledge he acquired in his younger days. In the fall of 1807, the Hale family emigrated to Ohio, and, in December of that year, located on Todd's Fork in Warren County. At their wilderness home Hale worked for two years. In this new and unimproved county, there being but little demand for wagons and carriages, he left home to find employment in some other vocation. In 1810, he settled at Lebanon and obtained employ- ment as clerk in the store of one McCray. Here he had not sufficient employ- ment. About this time he made the acquaintance of Hon. John McLean, and commenced the study of law with him." Mr. Hale always held his law in-
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structor in the greatest respect and veneration. In 1811, according to Dr. Jones, and in 1809, according to A. H. Dunlevy, Mr. Hale was associated with McLean in the publication of the Western Star, at Lebanon, and the ability of the firm was unquestioned. Toward the close of 1812, Mr. Hale married Mary Ward, of North Carolina, and located at Lebanon, but before the close of the year removed to Wilmington, for the purpose of engaging in legal practice. Dr. Jones says: "The life of the advocate was too monotonous for his active temperament. Full of impulse and energy, he could not confine himself to the practice of the law. He could not remain quiet, and soon engaged in a multifarious trade. In the latter part of the year 1812, he opened a hotel in Wilmington, and invested capital in goods and groceries. With his industry and untiring devotion he attracted the notice of the pioneers of Clinton County, and they liberally gave to him their patron- age. At this period he took an active interest in the administration of the State and General Governments. In 1813, he was elected to the General Assembly of Ohio," and in December of that year, when the Legislature met at Chillicothe, ho took his seat as Representative from Clinton County. He gave his voto for the full quota of mon and the necessary funds to carry on the war with England, and took great interest in public affairs at that time. In 1815, after the close of the war, he resumed his business connections, and vigorously prosecuted his affairs. He added to his mercantile and hotel business a livery stable, a distillery, and other things, gave employment to a number of men and boys, showed himself possessed of a philanthropic spirit, and became inter- ested in educational matters in his town and county. In 1816, he became a member of a library company which was organized in Wilmington, having at the same time a private library of several hundred volumes, the use of which he freely offered to those in search of information contained in them. Among his young friends and proteges at that time were Messrs. Way, Treusdell and Reynolds, who had worked their way through college at Athens, Ohio, and graduated with honors. Mr. Hale was again sent to the Legislature from Clinton County, and interested himself in the discussions on the banking sys- tem in 1822-25. He was an earnest and sound advocate of the value of pro- ducing more goods at home than were brought from abroad. As Representa- tive in the Legislature, he donated one-third his wages per diem (only $3 in all) to the fund for building and improving the roads. He served with great credit also in the State Senate, and was always an advocate of internal im- provement schemes. He became a warm supporter of Jackson, and on the eve of the latter's first inauguration as President, gave a party in honor of the event. During the evening (March 4, 1829), a fire broke out in the rear of his hotel, and soon consumed the building, together with nearly all its con- tents, including Mr. Hale's library, maps, globes, mathematical instruments, etc. He retired from public life after serving in the State Senate in 1828- 29, and would not allow his name to be again used as that of a candidate for office. After a long period of prosperity, he at last met with reverses, and lost . his fortune. His death occurred but a few years since, and, in 1880, his wife followed him to the shadowy " land beyond the river."
The following sketches of a few other of the early lawyers who practiced in the courts of Clinton County are from the notes left by Judge R. B. Har- lan, himself for years at the head of this bar:
"Daniel Radcliffe was born on the South Branch of the Potomac River, in Maryland. His father was killed by the Indians two months before the birth of Daniel. When about two years of age, he was taken by his mother to Bourbon County, Ky. His mother was married the second time to Mr. Taaffe, one of Gen. Daniel Morgan's celebrated riflemen. By this marriage
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she had a son, John Taaffe, first a lawyer, and afterward a minister of the Gospel for 'several years in Wilmington. Daniel Radcliffe was licensed to practice law in Kentucky in 1812, and two years later was licensed the second time in Ohio. He followed his profession for several years. He served as County Treasurer of Clinton County eight years, and as Justice of the Peace for Union Township from 1818 to 1829. He removed to Illinois in 1836, where he died at an advanced ago.
" David Linton was admitted to the bar in 1841. He afterward removed to Kansas.
"Franklin Corwin, removed to Wilmington from Lebanon in 1840. He was a fine speaker. His county sent him to the Ohio House of Representa- tives, and the district composed of Clinton, Greeno and Fayetto elected him to the Senate. He removed to Illinois, became a member of the Senate of that State, then Speaker of that body, and was subsequently elected to Congress in 1872. Mr. Corwin was the nephew of Hon. Thomas Corwin, of Lebanon.
"Samuel Buck, an early lawyer of Wilmington, was born in Westmoro- . land County, Ponn., March 7, 1780. Ho came to Kentucky, Fayette County, noar Loxington, in 1789. That same year ho wont into the Quartermaster's Department, and was stationed at the Chickasaw Bluffs, where Memphis now is, for about ten months. In 1799, ho camo to Ohio, near Chillicothe, which had at that time but three shingled roofed houses in it. Here he studied law under William Creighton, and was admitted to practice in Lancaster by Judges Irvin and Thomas Scott, in 1813. He located in 1814 at Washington, Fayette County. He was married at Lebanon in 1807, to Sarah Smith, daughter of Abner Smith. At the time of his marriage, he was a school teacher, and he continuod teaching for several years. Ho lived at Hamilton, Butler County, and came from there to Wilmington in 1827. He died in Greene County Oc- tobor 27, 1862, in the eighty-third year of his age, and was buried in the cem- etery at Cedarville, beside his wife, who died August 30, 1854.
"Carter B. Harlan was licensed to practice law about 183 -. He was elected to fill a vacancy caused by the resignation of Benjamin Hinkson as member of the Legislature of Ohio from Clinton County, in 1834, and was afterward re-elected. He was elected Secretary of State for Ohio, and died during his term of office in 1840, while still a young man.
" Griffith Foos was a resident of Wilmington twenty-three years. He was at one time a printer, and in 1826-27 was engaged with W. H. P. Denny and Archibald Haynes as a printer in the office of the Wilmington Argus, published by J. B. Seamans. In 1829. he was at the Wilmington bar, and from 1835 to 1839 was Prosecuting Attorney for the county. At one time Mr. Foos and R. B. Harlan, when in the midst of the trial of a case, found that the deposition of a person in Augusta, Ky., was necessary to its success. Mr. Foos agreed to hold the attention of the jury while Mr. Harlan went on horseback to Augusta, procured the deposition, and returned. This he did successfully until Mr. Harlan appeared inside the door of the court room on his return, when Mr. Foos said: 'With these few remarks I close.' Mr. Foos represented in 1840 and 1841, in the State Senate, the district composed of Clinton, Brown and Clermont Counties. He died in Anamosa, Iowa, September 12, 1857."
The following is a list of lawyers admitted to practice at the Clinton County bar, with dates of admission, from 1810 to 1881. Those marked thus * are known to be deceased:
James Montgomery,* 1810; William R. Cole,* 1812; Samuel H. Hale, May term, * 1813; Daniel Radcliff,* May 6, 1814; Benjamin Hinkson, * 1820; Philip F. Crihfield,* 1827; John Taaffe,* 1828; Samuel Buck, * 1827; Thomas A. Armstrong,* 18 -; John Myer, * 1882 (?); Griffith Foos, * 1829; Carter B.
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Harlan,* 1834; Michael H. Johnson,* 1838; Noah S. Haines,* 1839; William Fuller, * --; David Linton, now in Kansas, 1841; Franklin Corwin,* 1840; Robert B. Harlan, * admitted to practice at Chillicothe in 1837, and began pro- fessional duty at once at Wilmington; Frederick P. Lucas, 1843; Grafton B. White, * 1846; David Harlan, 1847, never practiced law; William H. Baldwin. * 1842 (see history of Marion Township); Isaac S. Wright,* 1845; Ruel S. Beeson, * 1844; Jehu Trimble,* 1848; William B. Fisher, * 1847, for many years editor of the Clinton Republican, at Wilmington; James W. Denver, 1844, practices in the Court of Claims at Washington, D. C .; Ethelbert C. Hibben,* 1849; Benajah W. Fuller,* 1851; Chilton A. White, 1849, now of Georgetown, Brown Co., Ohio; William B. Telfair, 1851, now of Wilmington; Azariah W. Doan, 1853, present Judge of Court of Common Pleas; Daniel Collett,* 1855; James I. Collett,* 1856; Joseph McCray, of Clarksville; Chris- topher C. Harris,* 1855; Charles W. Blair, 1856, now in Kansas; J. O. Fel- ton, 1850, was from New England and lived a few years at Wilmington; Robert E. Doan, 1857, now of Wilmington; Isaac B. Allen, 1855, now living in south part of county; Alonzo C. Diboll, 1854, now of Wilmington; Joseph H. West,* 1855; Henry S. Doan .* 18 -; William T. Pierce, 1854; Jonathan D. Hines, 1858, never practiced; Leroy Pope, 1858, now of Wilmington, ex- Judge Court of Common Pleas; William P. Reid, 1861, publisher Wilming- ton Watchman for a time, not now in county; John M. Kirk, 18-, now of Wilmington; L. F. Austin,* 1861; Lewis C. Walker, 1861, now of Indian- apolis, Ind .; Nathan M. Linton, 1862, now of Wilmington, and Representa- tive in State Legislature; Angus McKay,* 1857; Thomas Thatcher, 1860; Samuel R. Nickerson, 18-, now of Morrow, Warren County, formerly pub- lisher of papers at Blanchester and Sabina; William H. West, 1865, now of New Vienna; Lovi Mills, 1868, now of Wilmington; Felix G. Slone, 1865, formerly practiced in Brown County, Ohio, where he was also engaged in mercantile business; Jolin S. Savage, 1866, now of Wilmington; Isaiah W. Quinby, 1860, now of Wilmington; A. H. MoVey, 1868, now of Toledo, Ohio; Lewis J. Walker, 1867, now of Wilmington; Calvin B. Walker, 186-, now in Pension Department, Washington, D. C .; Thomas Q. Hildebrant, 1865, now of Cincinnati, Ohio; C. A. Bosworth, 1880, of Wilmington, does not practice; Madison Betts, 1868, Cashier Clinton County National Bank, does not practice law; Melville Hayes, 1869, now of Wilmington; David T. White, 1870, now of Wilmington; Charles S. Jelly, 1871, now of Indiana: William W. Savage, 1871, now of Washington, Fayette Co., Ohio; Charles B. Dwiggins, 1872, now of Wilmington; Edward J. West, 1873, present Prosecuting Attorney for Clin- ton County; Charles W. Swaim, 1874, now of Wilmington; James E. Fitzhugh, 1871, never practiced here, now in the West; Lucius H. Baldwin, 1873, now of Wilmington; C. Perry Baldwin, * admitted 1870, came to Wilmington in 1874; Andrew J. Harlan, 1877, now of Marion, Ind. ; born in Clinton County, practiced here but little: was elected to Congress from Indiana and Missouri, and sat on the bench in those States and Dakota; Alpheus H. Jones, 1876, now of Wilmington; James V. Ellis,* 1878; David B. Van Pelt, 1878, now of Wilmington; C. G. Haworth, 1878, of Wilmington, not iu practice; Peter Clov- enger. 1879, of Cuba, Clinton Co., Ohio; Frank B. Mills, 1879, now of Wil- mington; A. E. Clevenger, 1879, now of Wilmington; William B. Telfair, Jr., 1879, now of Wilmington.
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