The history of Hardin county, Ohio, Part 39

Author: Warner Beers & co., Chicago, pub
Publication date: 1883
Publisher: Chicago : Warner Beers & Co.
Number of Pages: 1076


USA > Ohio > Hardin County > The history of Hardin county, Ohio > Part 39


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The next session was opened October 19, 1835. Hon. Joseph R. Swan, President; William McCloud, Joseph Bowdle and Portius Wheeler, As- sociates. The following panel of grand jurors was returned by the Sheriff, viz., Obed Taylor, Mathew Mahan, Andrew Hemphill, David Poe, John C. Dille, John Ayres, George H. Houser, William Cary, John Ward, John Collins, Cyrus Dille (Foreman), Thomas Wilcox, James Ayers, Samuel Kelly and Jonathan Carter. There were no indictments found, and the jury was discharged. A few cases were disposed of by the court, others continued, and the term lasted but one day, no jury trial occurring at this session. The majority of the pioneer law cases were for selling liquor without license, larceny, assault and battery, and suits in probate or chancery.


We have now run through the first three years of the Court of Common Pleas, and though we have not seen fit to transmit to these pages a verbatim copy of the full proceedings of those earlier days, yet we there found con-


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vincing proof of the fact, that the pioneers were in the habit of taking the law into their own hands, and that muscular development played a leading part in their affairs. They were, as a rule, peaceable, yet ever ready to as- sert their personal prowess or resent an insult, and woe betide the man who showed " the white feather," for he immediately lost the respect of the whole settlement. Our only object in giving the lists of jurors for 1833- 34-35 is to preserve in these pages the names of many worthy pioneers who have long since been lost sight of, or only remembered as a fading dream, some of whom were prominent in enforcing civil law and moulding the moral sentiments of the community in which they lived. Doubt less, each had a record worthy of preservation, and while a brief notice of some will be found elsewhere in this work, many there are of whom nothing can be gleaned but their names, to rescue them from the oblivion of coming ages.


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HISTORY OF HARDIN COUNTY.


CHAPTER X .*


THE BAR OF HARDIN COUNTY-VISITING LAWYERS DURING THE PIONEER DAYS-PAST AND PRESENT RESIDENT ATTORNEYS.


W HEN the county was organized, the first courts were held at Fort McArthur, on the south side of the Scioto River, about three miles west of the city of Kenton. There were no resident attorneys at that time. Among the attorneys present at the first sessions of the court were Anthony Cosad, of Bellefontaine; Moses B. Corwin, Johnathan Chaplin and Samuel S. Bell, of Urbana; Hiram McCartney, of Bellefontaine, "Count Coffinberry," of Mansfield, L. Rawson, of Findlay, and William Bayles, of Bellefontaine, who was the first Prosecuting Attorney. The principal prac- titioners in the county, and for ten or fifteen years after the county seat was established, were from adjoining counties. They attended every court, and some of them traveled around the entire circuit with the Judge on horseback, the only mode of conveyance then in use. Even for a long time after the first attorney became permanently located, these foreign attorneys, who had acquired a regular standing, were generally retained in every im- portant case.


Among the more prominent of these, but perhaps a decade later, after the first courts were held, were William Lawrence, of Marysville, who is spoken of by those who were best acquainted with him as being a man of very superior attainments and ability as a lawyer. He resided at Marys- ville, Union Co., Ohio, where he died about 1850.


Benjamin Stanton, of Bellefontaine, who afterward became distinguished as a member of Congress, and Lieutenant Governor of the State. He was a man of marked ability, in which were combined the necessary elements of a complete lawyer. He died at Wheeling, W. Va., several years ago, whither he had gone and entered into an extensive practice after the war. As a law- yer and practitioner at the bar, he had but few equals.


Charles Anthony, of Springfield, a successful lawyer in the trial of cases, continued to practice here at almost every term for a good many years. He was a man of pleasing address, and was regarded as an able jury lawyer. He died at Springfield in 1862.


William Rogers, of Springtield, who had but few superiors in his pro- fession. He afterward became a Judge of the Court of Common Pleas, ·which office he held until the time of his death.


James H. Godman, of Marion, Ohio, a man of pleasing address, con- tinued to appear here occasionally until the war began, when he entered the service as Colonel, and subsequently served one or more terms as Auditor of State, and is now residing in Columbus, Ohio.


Moses B. Corwin, of Urbana, was among the first who practiced here, and continued to attend court up to about 1847. He was the father of John A. Corwin, who became a Judge of the Supreme Court. He died at Urbana about the close of the war, and was, perhaps, the oldest attorney in the State at the time.


*By William L. Walker.


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HISTORY OF HARDIN COUNTY.


Among the earlier practitioners who attended the court up to about · 1849, was " Count Coffinberry," so called. We have never understood how he acquired the title, but he was a quaint character in every respect, of most eccentric habits, congenial and sociable, with a queer physiognomy, somewhat resembling pictures I have seen of Goldsmith. He seemed to be a necessary appendage of old Judge Goode's court, generally following him around the entire circuit on horseback, which embraced a great many ad- joining counties toward the west. In some of his pleasant moods to see and hear him sing " The Bobtail Mare " or " Widow McCree," were well worth a voyage across the ocean. Besides, he was considerable of a poet and gave some attention to the " Muses." He was a well-read lawyer and well versed in the elementary principles. He emigrated to California among the adventurers of 1849 and 1850, but we are unable to trace his his- tory any further.


In closing the notice of these earlier practitioners at the bar of Hardin County, it is due to say of them generally that they were men of marked ability in their profession. They belonged to that sound and thorough class of thinkers who have done so much to build up the jurisprudence of our State, who by reason of limited facilities afforded by reports and prec- edents, were compelled to search out by their own thinking and investiga- tion the true principles of the law. In the course of time, as the country ad- vanced in population and other attorneys located here; these itinerants grad- ually disappeared and were only seen occasionally in some important case.


RESIDENT ATTORNEYS.


The first attorney who located here was John Lawrence, a brother of William Lawrence, who came about 1834, and continued in practice until the time of his death in 1841. He served as Prosecuting Attorney from June, 1837, to the close of 1839. The next was Andrew Dodds, who came here in 1835, and was elected Prosecuting Attorney in 1839; held the office by re-election till 1847. He was afterward elected Treasurer of the county, and about 1855, removed to Texas, where he still resides. He was a man who had the confidence of the people generally, and had retired from practice before he left the county.


Edwin Fisher next appears upon the rolls, and continued in practice until a year or two before the war, when he retired to his farm in Dudley Township, but seldom appearing in court afterward. He was a genial man, of good ability, and was a member of the Legislature in 1839-40. About this time, he kept a good pack of hounds and enjoyed the sport of the chase, wild game being still plenty. He died about 1865, on his farm.


The next attorney who settled here was E. G. Spellman, who came from Marion, Ohio, in the spring of 1842, and practiced until March, 1847, when he took office as Clerk of the Court, which he held until 1854; after- ward, served one term in the Legislature. He was highly esteemed among the people, generally of good sociable habits, and upright in business. He died here May 1, 1857.


In the spring of 1844, Benjamin M. Penn, from Batavia, Ohio, located here and continued in active practice until 1848, when he removed to Cal- ifornia, and shortly afterward died at Sacramento. He was a brilliant young man, full of promise far above the average, and bid fair to achieve great success in his profession if he had only devoted himself strictly to it; but his temperament was such that he loved excitement and adventure of almost any kind. I will recall an instance to illustrate this. One night


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after he had retired to bed, and after reading awhile by the light of a can- dle on the stand, he happened to notice a large bed-bug moving on the floor toward him, and taking his pistol off the stand where he always kept it laying after he went to bed, he took deliberate aim at the bug and fired. . The ball glanced under the door and passed through the hall. The land- lord, who was sitting below, having heard the loud report of the pistol, rushed up stairs to learn what was the matter. By this time, Penn had got. up and opened the door and was standing in front of the light with the pistol in his hand. The landlord wanted to know what the fuss was about, and why the shooting was going on, when Penn replied that he was de- fending himself against a large bed-bug that was about to attack him, and that he had resolved to defend himself against all enemies, whereupon the land- lord went down stairs and quiet was restored. He was a young man of fine address and many good social qualities.


Bradley Camp located here as an attorney from Zanesville, Ohio, in 1844 or 1845, and continued in practice until his death in 1850.


In the beginning of 1847, William L. Walker located here, having been admitted in the summer of 1846, after reading law with Columbus Delano, of Mount Vernon, Ohio. In 1847, he was elected Prosecuting At- torney, and served two terms. In 1864, he was the elector to cast the vote of this Congressional District for Abraham Lincoln. He also served as Mayor of Kenton from 1871 to 1873.


Edward Stillings also located here at the same time as Walker. He was an active, able and energetic practitioner, and continued in practice until the close of the war, when he removed to Leavenworth, Kan., where he has continued in a lucrative practice ever since. He was full of energy and perseverance and a successful practitioner.


In 1847, R. J. Allison was here for a short time, but enlisted in the Mexican war and never returned to this county.


In 1848, James Bain, from Greene County, Ohio, commenced the prac- tice of the law here and continued in practice until his death in 1879. He served also as Probate Judge, Prosecuting Attorney and Auditor during his professional career. He always maintained a very high standing in the profession for his integrity and honesty of purpose, always faithful to his clients, making the case as his own.


In 1849, David Thomson, from Marion, Ohio, commenced the practice here. He continued to practice as the firm of Bain & Thompson, subse- quently as C. H. Gatch & Thomson, and at the commencement of the war entered the service as Captain in the Eightv-second Ohio Volunteer Infan- try, and was in active service during the war, participating in the battles of Chancellorsville, Gettysburg and several others. Was severely wounded in the Atlanta campaign, and was brevetted General at the close of the war. He was highly esteemed by his comrades as an officer. In 1868, he cast the electoral vote of this district for U. S. Grant. He continued in banking awhile after the war, and again resumed the practice in 1876. and is now in one of the departments in Washington, D. C.


In 1849, Justice C. and Hiram Stevens located here and continued in partnership for a year or so, when Hiram removed to Kansas. He has been District Judge in Kansas for three terms and is now practicing in Kansas City. Justice has not been in the practice for many years, but has been engaged in stock-raising and banking business.


Conduce H. Gatch, after studying law with his brother, in Xenia, Ohio, located here in 1849. In 1855, he was elected Prosecuting Attorney, and


Davia Obenour


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State Senator in 1858 from this district. He continued in practice until 1862, when he entered the service as a Captain in the Thirty-third Ohio Volunteer Infantry, and in 1863 resigned and again resumed practice in the firm of Gatch & Walker, and afterward, in 1864, entered the service as Lieutenant Colonel of the One Hundred and Thirty-fifth Ohio National Guards, and served at Harper's Ferry until September, 1864, the expiration of the term of service. In 1866, he removed to Des Moines, Iowa, where he still continues in a lucrative practice. He was a close student, who thoroughly investigated his cases, made himself an able, thorough and successful prac- titioner at the bar, and was steady, upright and conscientious.


In 1854, Alexander S. Ramsey, who had been a practitioner in Carroll County, Ohio, located in Kenton. He soon won and retained a large prac- tice, and served as Mayor of Kenton five terms. During the early part of the war, he was Lieutenant Colonel of the Forty-fifth Ohio Volunteer In- fantry, and was an ardent supporter of the Government throughout that struggle for national life. As a lawyer, he had few equals and no supe- riors in this portion of the State, and was engaged in almost every trial in this and adjoining counties up to the time of his death. That he was a man of rare and eminent ability in his profession is a fact conceded by every lawyer at the bar.


Lyman C. Hurd commenced practicing here about 1850, and was elected Prosecuting Attorney in 1851, serving one term. He removed to Lima, Ohio, a few years after, where he engaged in banking; afterward, he removed to Champaign County, Ill., where he died shortly afterward.


Sewell Coulson entered upon the practice about 1850, and was for several years in the firm of Walker & Coulson. He was elected Proscuting Attorney in 1853, and about 1857 removed to Sullivan, Ind., where he is still in active practice.


In 1857, John Stillings, who had studied with his brother Edward. was admitted to the bar and commenced practice with him. In 1857, he was elected Prosecuting Attorney, serving one term, and afterward was a member of the firm of Ramsey & Stillings for several years, and is still in active practice as the firm of Stillings & Allen, one of the prominent law firms of Kenton.


John N. Absten was elected Prosecuting Attorney in 1859, and con- tinued to practice here until about 1867, when he removed to Marion, Ohio, where he is now practicing.


Lester T. Hunt was admitted to the bar in April, 1857, came to Kenton the same year, and in 1861 was elected Prosecuting Attorney, and re-elected in 1863. He has been Mayor of Kenton one term, and is still here in the practice of his profession.


S. L. Hoge was admitted at Cincinnati in 1858-59, located first in Lo- gan County, thence, in 1860, came to Kenton, and was a member of the firm of Ramsey & Hoge till November, 1861, when he went into the army. He settled in South Carolina after the war, where he served two years on the Supreme Bench of that State and also represented this district in the United States House of Representatives. In 1876, he returned to Kenton and continued in the practice of his profession till 1881, in which year he engaged in banking and abandoned active practice.


William T. Cessna was admitted to practice in 1865, served as Represen- tative from this county in 1870 to 1872, and has also filled the office of Mayor of Kenton.


In 1865, John D. King, from Columbiana County, Ohio, located here


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HISTORY OF HARDIN COUNTY.


and became an active member of the bar until his death in 1880. He was an energetic working lawyer until he died, and a man of fine talent.


Artemus B. Johnson was admitted to the bar in 1866. In 1867, was elected Prosecuting Attorney, serving two terms, and was subsequently Mayor of Kenton. He was a member of the firm of Ramsey & Johnson for several years, afterward Johnson & Seeney; is still in the practice, and a leading attorney of this bar.


In 1867, L. M. Strong, of Seneca County, Ohio, was admitted to prac- tice, located here, and in 1880 was elected State Senator from this district, and is now by appointment Common Pleas Judge of the district.


The same year, James Watt, a graduate of the Albany Law School, lo- cated here and became one of the firm of Walker & Watt, afterward King & Watt, and Watt & Thomson. He was elected Prosecuting Attorney in 1871, serving two terms, and is now in the banking business.


Frank C. Dougherty, a native of Kenton, was admitted to the bar in 1873. In 1875, he was elected Prosecuting Attorney, serving one term. In 1880, he was the Democratic nominee for Attorney General. He still con- tinues in practice here and is looked upon as one of the rising young men of Ohio.


Henry W. Seeney, from Seneca County, was admitted in 1873, and still continues in the practice of the law.


Sutton E. Young was admitted about 1875, and was elected Prosecut- ing Attorney in 1877, which office he held one term. Was subsequently elected a member of the Ohio Legislature, and in 1832 emigrated to Da- · kota, where he is now engaged in the practice of his profession.


About 1876, Gen. Moses B. Walker, formerly of the Dayton bar, located here and for several years was one of the firm of King & Walker, subse- quently Walker & Everett, and still is in the practice.


Wesley A. Strong was admitted in 1875 and became a partner with his brother, L. M. Strong, continuing in practice here excepting about two years spent in Paulding County, Ohio.


John H. Smick was admitted in 1876, was elected Prosecuting Attorney in 1879, and is the present incumbent of that office.


A. L. Allen was admitted to practice in May, 1877, formed a partner- ship with John Stillings, and the firm is regarded as one of the strongest in Hardin County.


Peter H. Bateson came to Kenton about 1875, entered into partnership with S. L. Hoge in 1877, and subsequently was with John H. Smick. De died in May, 1881.


In 1878, Frederick Childs was admitted to practice; began in Kenton and has since remained in that town attending to the duties of his calling.


James Wallace Dougherty was admitted in 1879, and belongs to the firm of Dougherty Brothers, of well-known legal reputation.


Of other members of the Kenton bar, the following have " hung out shin - gles" within the last three years: S. T. Armstrong, admitted in October, 1880; Charles M. Melhorn, in 1881, and now of the firm of Johnson & Melhorn; John W. Spindler, in June, 1882; L. E. Taylor, in May, 1882; T. B. Black, who located here in the spring of 1883, and David Fisher, Jr., admitted in 1883.


We also find a few names who at different periods belonged to the bar, viz. : William Johnson, in 1850; J. S. Murphy, in 1851; G. A. Stewart in 1855; J. R. Goodin, in 1858; W. H. Munnell and A. W. Graham, in 1862. Nearly all of these remained but a short time and then removed


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elsewhere or abandoned the practice of law for some more remunerative calling.


In the village of Ada, Robert Black and B. A. Holland have been en- gaged in practice for several years, while G. Z. Cruzen has attended to the business at Dunkirk. There are two attorneys in Forest, viz., Russell Price and B. W. Waltermire. These comprise the members of the bar out- side of Kenton. The reader will discover in glancing over this brief sketch of the bar of Hardin County that the profession has not been overlooked in the distribution of offices of honor and responsibility. Many of the present bar who are young enough to bide their time have, doubtless, some "expec- tations," and whenever the opportunity offers, like Barkis, will be "willin'."


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HISTORY OF HARDIN COUNTY.


CHAPTER XI.


PIONEER SYSTEMS OF MEDICAL PRACTICE-HARDIN COUNTY MEDICAL SOCIETY -PIONEER ASSOCIATION OF IIARDIN COUNTY-ROLL OF MEMBERSHIP.


TT is presumable that the many different isms and systems of practice that have prevailed here have prevailed in common elsewhere throughout the country; but it may not be amiss to mention that, owing to the scarcity of physicians, and the difficulty that the early settlers experienced in ob- taining the wherewithal for a quid pro quo when they were obliged to employ them, cheaper systems of practice were introduced by charlatans. One of these was the system of "steaming" the patient. The practice was to place the patient in bed, closely covered. Then a large kettle of water was placed over the fire, in the open fire-place, with a close fitting lid, through which a long tin spout was inserted. When the water began to boil, the farther end of the spout was thrust under the bed clothes, and all the gen- erated steam was thus turned on the patient.


Upon the heels of this system came the Thomsonian or botanical mode of practice. For this system they sold "family rights." Their different preparations were numbered and labeled. No. 1 was good for one thing, and No. 2 for another. Their favorite number was "No. 6." To take a teaspoonful of it one would think they had made a mistake and got No. 60 Capsicum. Cayenne pepper was the chief ingredient. "Dr. Gunn," a work on domestic practice, was placed on the table by the side of the Bible and Fox's Book of Martyrs. But this was a great improvement over the "steam doctors." But No. 6 and lobelia, as universal panaceas and specifics, have had their day; a new light has dawned, more rational sys- tems prevail, and the main differences now existing are mostly in name. Under the laws of Ohio, all practitioners are required to be graduates of some regularly chartered college; and most of the physicians of this State, are moderately well qualified for the responsibilities and requirements of their profession.


HARDIN COUNTY MEDICAL SOCIETY.


According to previous notice, a large majority of the allopath physicians of Hardin County met at the court house, July 8, 1850, for the purpose of organizing a Medical society. The meeting was organized by appointing Dr. Samuel Watt, President, and George Watt, Secretary. On motion of Dr. William Jones,


Resolved, That the chair appoint a committee of three to examine and report on the credentials of proposed members. Said committee consisted of Drs. William Jones, William McKean and George Watt. On motion,


Resolved, That said committee have till next meeting to report progress. On mo- tion of Dr. Jones, Drs. Samuel Watt, William McKean and Usher P. Leighton were ap- pointed to draft a code of medical ethics. On motion, the chair appointed Drs. George Watt, William Jones and William McKean, to prepare a draft of a Constitution and By-Laws.


Resolved, on motion of Dr. Mckean, that all the committees be required to report at the next meeting, which was designated to take place at the court house, July 20, 1850. The organizing members of the Society were as follows: Samuel Watt, U. P. Leighton, William Jones, Michael Holmes, A. K. Mecaskey, A. W. Munson, H. C. Russell, George Watt, William McKean, J. D. Davidson, J. M. Chesney and R. M. Brayton. Of these, Dr. A. W. Munson is now the only one remaining in Hardin County.


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HISTORY OF HARDIN COUNTY.


At the second meeting, a Constitution and By-Laws were adopted, also a code of medical ethics and a bill of charges established. The election of permanent officers resulted in the choice of Dr. Samuel Watt, President; Dr. U. P. Leighton, Vice President; Dr. George Watt, Secretary, and Dr. William McKean, Treasurer. Censors, Drs. Michael Holmes, H. C. Rus- sell, A. K. Mecaskey, A. W. Munson and William Jones. Committee on malpractice, Drs. J. M. Chesney and George Watt. Drs. William Jones and George Watt were appointed to deliver essays at the next meeting. A series of motions relating to the general affairs of the Society were then passed, and the permanent establishment of the Hardin County Medical Society was an accomplished fact.


The object of this sketch being rather to give a brief historical resume of the more important features of the Society, the details of each meeting will not be adhered to closely; but only what we consider as the most essen- tial points to our readers will find a place in these pages. At nearly every meeting, some subject relating to medical science was discussed and an- alyzed by one or more members of the Society. It was therefore a school for the dissemination of medical knowledge among physicians, and the es- tablishment of a high standard of practice in the profession. In April, 1851, Dr. Edwin Ashton became a member of the Society. On the 12th of July, 1851, the annual election resulted as follows: William Jones, Presi- ident; A. K. Mecaskey, Vice President; George Watt, Secretary; U. P. Leighton, Treasurer; Censors, Samuel Watt, William McKean, A. K. Mecaskey, A. W. Munson and George Watt.


On the 10th of July, 1852, the choice of officers for the ensuing year were: U. P. Leighton, President; William McKean, Vice President; A. W. Munson, Secretary; Edwin Ashton, Treasurer; Censors, Drs. Jones, Holmes, Ashton, Munson and Samuel Watt. At the annual meeting, held July 9, 1853, Drs. J. F. Perkey, I. E. Nagle, Solomon Kraner, Horace Lawrence and J. A. Rogers were admitted as members. An election was then held for officers, and the following chosen: William Jones, President; R. M. Bravton, Vice President; A. W. Munson, Secretary; Edwin Ashton, Treas- urer; Censors, Drs. Rogers, Lawrence, Kraner, Brayton and Samuel Watt.




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