The history of Montgomery county, Ohio, containing a history of the county, Part 51

Author: W.H. Beers & Co
Publication date: 1882
Publisher: Chicago, W. H. Beers & co.
Number of Pages: 1214

USA > Ohio > Montgomery County > The history of Montgomery county, Ohio, containing a history of the county > Part 51

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The present Judge of the Court of Common Pleas, Hon. Henderson El ott, was born in Perquimans Co., N. C., August 17, 1827. His parents, Jesi and Rachel (Jordan) Elliott, came to Butler County, Ohio, in 1831, where ] father died in 1840. His mother subsequently removed to Preble Count and from there to Iowa, where she died in 1863. Henderson's youth was spe on a farin, and he learned the trade of a millwright. At the age of ninete he began teaching school in the winter seasons, using his earnings attendi school the balance of the year, and so continued for six years, three of whi were passed in Farmers' College, Cincinnati. After completing his course the; he taught for three years during which time he studied law under Felix Mars of Eaton, Ohio, and was admitted to the bar by the Supreme Court at Columaby in 1851. He practiced three years in Germantown, removing to Dayton 1855, where he has since been engaged in his profession, excepting from 18 to 1869, when he was editor of the Dayton Daily Ledger. In 1859, he was candidate for a seat in the State Legislature, but was defeated by a small m jority. In 1861, he warmly espoused the Union cause, and from 1861 to 18 was Prosecuting Attorney of Montgomery County. In the fall of 1871, he w elected Judge of the Court of Common Pleas, and is now serving his thi term in that office. In politics he has always been a Democrat, served for years as a member of the Dayton Board of Education, and has been a memb of the Methodist Church for more than thirty years. In the year 1851, married Rebecca Snavely, of Montgomery County, who has borne him five ch dren, two of whom are living. Judge Elliott possesses a clear, legal mind, go judgment, and sound common sense. He is cautious, prudent, firm and co scientious, a gentleman of sterling integrity and genial manners. He is a fr cible, vigorous writer and a sound reasoner, and his judicial career has giv much satisfaction to the Montgomery County bar.

The Superior Court of Montgomery County, although of merely loc jurisdiction, has acquired and always maintained a high reputation in t history of the Judiciary of Ohio. It was established by an act of the Legis ture, passed March 29, 1856, and the first election held on the first Monday the following June, at which time Hon. Daniel A. Haynes was elected Judge the Superior Court, his term beginning on the 1st of July, 1856. Jud Haynes was born in Columbia County, N. Y., in the town of Chatham, Se tember 9, 1815, and was a son of Daniel and Magdalene Haynes. After ( taining an ordinary common school education, he was sent to a boarding schc at Landlake, N. Y., and afterward to Lowville Academy, in the same Sta and from there he entered Union College at Schenectady, graduating in t class of 1835. He soon afterward came to Dayton, and for a year was assi: ant teacher in the old Dayton Academy. In 1838, he entered the office Judge Joseph H. Crane, and was admitted to the bar in 1839. In Januar

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HISTORY OF MONTGOMERY COUNTY.

.80, he commenced the practice of his profession in partnership with Henry Sildard, Sr., and afterward formed a partnership with John Howard, with wim he practiced eight years or more. He was Prosecuting Attorney of Mont- gquery County from 1843 to 1847, and in the latter year was elected to the Olo Legislature. As a lawyer he continued in active and very successful pratice until the establishment of the Superior Conrt, when he was elected (ige, re-elected in 1860, and again in 1865. The learning and eminently ju cial qualities which Judge Haynes brought to the discharge of the duties of he bench, gave to his decisions an anthority that was recognized and re- p ted by both bench and bar throughont the State. In February, 1870, he reigned the Judgeship, and returned to the practice of law in partnership with I. C. L. Vallandigham, in Dayton. A rapidly growing and Incrative prac- ic attested the strength of this firm, which was dissolved by the sudden leh of Mr. Vallandigham in June, 1871. Jndge Haynes then formed a part- nehip with John Howard & Son, under the firm name of Haynes, Howard & Icard. This continued nntil 1875, when he was again elected Jndge of the Superior Court, in which office he served nntil 1881, and in which his eminent .bity and nnimpeachable integrity commanded the confidence of the public, sell as the unbounded respect of the bar. In early life a Whig, he subse- utly became a Republican, and was an ardent supporter of the Government ung the dark days of civil war. Outside of his profession, Jndge Haynes a for several years, President of the Dayton Bank, and also of the Dayton nirance Company. On the 13th of June, 1848, he married Miss Emily Ion, daughter of Gen. Samson Mason, who was one of the leading lawyers springfield, Ohio. Mrs. Haynes died on the 2d of September following, Le which time he has not again married.

Upon the resignation of Judge Haynes in 1870, Jackson A. Jordan was pointed to serve until the next annnal election, at which Hon. Thomas O. o'e was chosen and served nntil 1876. In that year, Judge Haynes, again w) upon the bench, and in 1881 was succeeded by Hon. Dennis Dwyer, the rent occupant. There is no more beantiful character than the courteons, nt, honorable, learned, careful, earnest, kind and venerable Jndge, whose in ubted legal abilities have raised him to the bench. His integrity no one question; his firmness and impartiality are proverbial; his decisions are nas with care, and clearness; from every sentence thonghts drop pure as gold. dceels strong because he feels that he is just, while the bar and public revere n and his works because they are known and appreciated as the best efforts f toilsome professional life. Who would exchange such an honorable posi- o for the gold of Ophir? To the mandates of the judiciary every other pur- o: submits; in the presence of that great power every other is silent. It is ice the ultimate hope and grand ally of the people and of their agents. ands above the National Legislatures and the President; above the army ncthe navy; and in this sublime attitude, as representative of eternal prin- F in the form of law, is above reproach. The poet, in his verses defining hat Constitutes a State," says:

" And Sovereign law, the States' collected will O'er thrones and globes elate, Sits Empress, crowning good, repressing ill."

So will it ever be under a free and enlightened government.

The Probate Court of Montgomery County was established under the Forth Section of Act 4, of the new Constitutional Convention, and the second Tu day of October, 1851, was fixed for the first election. The term of service waldesignated as three years, bnt some of the Probate Judges have filled the offi, for two or three terms. At the first election, Youngs V. Wood was chosen

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HISTORY OF MONTGOMERY COUNTY.

as Probate Judge of Montgomery County, and began his duties in Febru: 1852. In 1855, he was succeeded by Joseph G. Crane, and he, in 1858. James H. Baggott. In 1860, Samuel Boltin was elected, and re-elected 1863, his term of office expiring in 1867. He was succeeded by Dennis Dw who had been elected in the fall of 1866; was re-elected in 1869, and as in 1872, filling the office three terms. In 1875, John L. H. Frank was chose Probate Judge, and re-elected in 1878, and in 1882 was succeeded by W McKemy.

THE BAR.

For professional courtesy, gentlemanly tone, moral rectitude and inteli ual ability, the association of men known as the Dayton bar, has always jnstly distinguished. It has furnished one Governor of Ohio, Hon. Cha Anderson; five members of Congress, viz .: Hons. Joseph H. Crane, Rober Schenck, Clement L. Vallandigham, Lewis B. Gunckel, and John A. McMal twenty-five members of the Ohio General Assembly; nine Judges of the C mon Pleas and Superior Courts; seven Probate Judges, and eighteen Pr cuting Attorneys, all of whom have filled their positions with ability and Si faction to the people. Of the members of the Montgomery County bar practiced here previous to the year 1840, but four are now living, viz .: H Robert C. Schenck, Peter P. Lowe, Charles Anderson and Ralph P. Lowe. two latter of whom left the county many years ago, and by the advice of n of the leading attorneys of Dayton they alone of the surviving members of bar, who have not been on the bench, will have special mention in this art

There is, perhaps, no name in the annals of the Montgomery County more worthy of a prominent place in this history than that of the Hon. Ro C. Schenck. He was born in Franklin, Warren Co., Ohio, October 4, 1809, is a son of Gen. William C. Schenck, a pioneer of the Miami Valley, who ( at Columbus, Ohio, in January, 1821. After the death of his father, Ro was placed under the guardianship of Gen. James Findlay, of Cincinnati, in November, 1824, when in his fifteenth year, entered the sophomore clas Miami University, Oxford, Ohio. He graduated in 1827, but remained at. ford until 1830, employing his time in reading and as a tutor of French Latin, when he received his degree of Master of Arts. In November of year he entered the law office of Hon. Thomas Corwin, at Lebanon, and, following January was admitted to the bar. He came to Dayton with a l of introduction from Mr. Corwin to Judge Joseph H. Crane, who immedia offered him a partnership, which he accepted. This lasted three years, ar the end of that period he formed a partnership with Peter Odlin, which tinued until the commencement of his public career. From 1844 to 185 was associated with Wilber Conover in the practice of his profession, the being Schenck & Conover. In 1837, being but twenty-eight years of age became a candidate for State Representative on the Whig ticket, and wa feated by a small majority; but three years later he again made the race, was elected. In May, 1843, he was chosen by his party as their candidati Congress, and was re-elected for each succeeding term until 1850, when he clined the nomination, and at the close of 1851 was appointed by Presi; Fillmore United States Minister to Brazil. He returned from Brazil in and for some years took no active part in politics. He was engaged occa; ally in important law suits, and principally in managing, as President, a of railroad from Fort Wayne, Ind., to the Mississippi River. In 1859, political meeting in Dayton, he made a stirring address on the events of times, and was on this occasion the first to suggest the name of Abraham coln for the next President. When the attack was made on Fort Sumter, Schenck at once tendered his services to the Government, and was com!

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HISTORY OF MONTGOMERY COUNTY.

iced Brigadier General of Volunteers. From that time up to August, 1862, Gę. Schenck took a leading part in all the battles in which his brigade was -niged, but on the second day of the second battle of Bull Run, he was e rely wounded, carried from the field, and conveyed to Washington. Gen. Pce, in his report of this battle, speaks of Gen. Schenck's conduct in terms hialy commendatory. Shortly afterward he received his appointment as Mfor General of Volunteers, and accompanying it a letter from Secretary >taton in which the great war Secretary wrote as fellows: "No official act of nie was ever performed with more pleasure than the forwarding of the in- ked appointment." For some time Gen. Schenck's wound was critical, and neecovered very slowly, with his right arm permanently injured, and over six xcths elapsed before he was again fit for field duty. On the 11th of Decem- e 1862, he was assigned as commander of the Middle Department, in ommand of the Eighth Army Corps, with headquarters at Baltimore, in vlh capacity he rendered valuable aid to the Union cause, receiving flat- rang testimonials from the loyal conventions and leagues, as well as the sanest praise of the War Department and President. On the 5th of Dember, 1863, he resigned his commission to take his seat in Congress, ) which he had been elected from the Third Congressional District of ob, in 1862. He was appointed Chairman of the Committee on Military firs, and a history of his course in the Thi ty-ninth and Fo.tieth Congresses wold be a complete history of the military legislation of the country through nemost eventful years of the war, and after its close. It is enough to say that nhilitary matters he was laborious and vigilant. He proved himself utterly odess as to loss of popularity, and championed measures which were generally el to be needful, but from which many of his colleagues shrank through fear f he prejudices of their constituents. In civil as in military life, he has e the same bold and fearless fighter for what he deemed the right. As an ff tive orator he has had few superiors in the Nation, and as a political leader isjudgment is excellent and his counsels always sagacious. During the four res from 1867 to 1871, Gen. Schenck, as Chairman of the Committee of Wis and Means, held position as the acknowledged and active leader of the Hose of Representatives. In this capacity, he framed and carried through to tesslative enactment the system and leading provisions of the laws relating to internal revenue, and introduced and passed the first proposition made for re- ung the rate of interest on the bonds of the United States. Probably at no eod of his busy life did he ever devote himself more effectively and success- jur to labor in the public service than in those last years of his Con- _T sional career. In 1871, he was appointed United States Minister to Great Brain, serving in that capacity until 1876. Gen. Schenck is a man of wide ure and varied accomplishments, a brilliant lawyer, well read in literary, Jegl and political history, as well as a good French and Spanish scholar. He is ready conversationalist, free, affable and courteous at all times, a gentle- me in every sense of the word. Although never forfeiting his residence in Daton, he has not lived here permanently for many years. yet is proud to lan the Gem City as his home.

Cotemporary with Gen. Schenck in the legal and political arena, and viding a like powerful influence in State and National affairs, stood Hon. Ulaent L. Vallandigham. He was born in New Lisbon, Columbiana Co., Ol, July 29, 1820, and received his early education from his father, a pioneer pr cher who settled at that point in 1807. After a year spent in Jefferson Coege, Cannonsburg, Penn., he served for two years as Principal of Union Acad- em, Snow Hill, Maryland, and then returned to Jefferson College to complete hi course of study. When within a few months of graduation, he fell into a

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HISTORY OF MONTGOMERY COUNTY.

controversy with the President of the College on constitutional law, which sulted in young Vallandigham demanding and receiving an immediate a honorable dismissal. Some years afterward, President Brown offered hin diploma, but he declined to accept it. After leaving college, he read law, admitted to the bar at Columbus, Ohio, in December, 1842, and began pr tice in his native town. In 1845, he was elected to the State Legislat without opposition, and re-elected in 1846. Here he soon gained a high r utation as a speaker and debater, as well as an honorable partisan. On 27th of August, 1846, he married Louisa A. McMahon, sister of the Hon. Jo V. L. McMahon, of Baltimore, Md. Having imbibed his political princi] from Jefferson and other fathers of the Republic, he started in life as a Der crat, although nearly all his friends were Whigs. In 1847, he located in D ton, where he formed a law partnership with Thomas J. S. Smith, and also two years conducted the Western Empire newspaper of that city. In 1852. was the Democratic candidate for Congress, but failed of an election by votes, and again in 1854, but the Know-Nothing fanaticism swept the fie In 1856, he was again placed on the ticket, and though defeated at the p by nineteen majority, was upon contest admitted to his seat. This was one the most noted cases of the kind in the annals of Congress. His opponent the Hon. Lewis D. Campbell. He was re-elected in 1858, and again in 18 His ability, industry and sincerity gave him great prominence in Congr He took a leading part in opposition to the war, not because, as he claim that he did not love the Union, but upon constitutional grounds in its mana ment. as well as from an honest conviction that force would lead to its destr tion. For these reasons he advocated compromise as the only way to perpe ate the Union in peace, prosperity and liberty. He was arrested by the G ernment, tried at Cincinnati by a military commission in May, 1863, and sh tenced to be banished to the South, which was carried into effect. The C federate authorities treated him kindly, and sent him to Wilmington, N .. from where, on the 17th of June, 1863, he ran the blockade, finally settl at Windsor, Ont, opposite Detroit. In the fall of 1863, the Democracy no nated him by acclamation for Governor of Ohio, he being then in exile. ! campaign was one of the bitterest in the history of the Nation, and he was feated by an overwhelming majority. In June, 1864, he left Windsor in guise, and arrived at Hamilton, Ohio, on the morning of the 15th, where addressed a Democratic convention, and was by it appointed a delegate to Chicago convention that nominated Gen. George B. Mcclellan for Presid The Government took no public notice of his return, and in time the exciter caused by it died out and was apparently forgotten. He settled down to practice of his profession, and in February, 1870, formed a partnership w Judge D. A. Haynes, which continued until his death. In May, 1871, he f sented to a Democratic convention, held in Dayton, his "new departure" olutions, which were unanimously accepted and adopted by the State Conv tion, on the 1st of June following. These resolutions did much toward rec ciling the Democratic party to the new Constitutional amendments, and evening of their adoption Mr. Vallandigham delivered one of the ab speeches of his life, and the last political speech he ever made. On the ni of June 16, 1871, in full life and vigor, while engaged for the defense i murder trial at Lebanon, Ohio, he accidently shot himself in the demonstrat of a theory as to the manner in which the alleged murder might have b committed, and died the next morning. This accidental shot proved fatal only to Mr. Vallandigham, but to his wife also, who was at that time attend the funeral of her brother at Cumberland, Md. On receiving the sad news shock was so great that she never recovered from it. but died a few we

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aler, leaving one son, Charles N., who is the present Representative of Mont- gnery County in the State Legislature. Mr. Vallandigham possessed great pysical and mental vitality, a wonderful memory and a towering ambition. Nthing could move him from his honest convictions, while his energy and a lity were such that he always rose with the occasion, and no degree of op- psition could discourage him. Such were the resources of his mind that his s eches were always original, and this State has produced few men that could h.d an audience so completely spell-bound as this great champion of consti- tional Democracy.

Among the very earliest lawyers of the Dayton bar, we find the name of Enry Stoddard, a native of Woodbury, Conn., born March 18, 1788. He was son of Asa Stoddard, a descendant of the Rev. Anthony Stoddard, of London, Egland, who settled in Boston in 1670. Having received such education as tl common schools afforded, Henry spent the last five years of his minority 3.cking in a store. He then read law and was admitted to the bar in 1812. Fir years later he came West on horseback, and in 1817 permanently located u Dayton. Of the early lawyers of Dayton, Mr. Stoddard was one of the most pminent and successful. He threw his whole soul into his profession, and b his integrity and determined character, rapidly obtained a large and lucra- tie practice, and won the confidence and esteem of all acquainted with him. I all matters intrusted to his care, whether great or small, the same conscien- tilisness and accuracy directed his actions, and these best qualified to judge b'r testimony that there was no attorney at the Dayton bar whose cases were n're carefully prepared, or whose business was more accurately conducted. Vr was he less distinguished for the professional learning and ability dis- pyed during trial. From 1840 to 1844, he was in partnership with Judge I.A. Haynes; but having by the latter year acquired a handsome competence, h retired from regular practice and devoted himself to the management of his pvate affairs. His mind was an encyclopedia of information relative to the ents of three-quarters of a century. He was one of the constituent members o the First Presbyterian Church of Dayton, in which body he was for many yirs a Ruling Elder. He was in fullest sympathy with all moral and relig- ios movements, and toward such he ever maintained very marked liberality. 1. Stoddard was married twice, first to Miss Harriet L. Patterson, who died 1: 1822, leaving one son. His second wife was Miss Susan Williams, who bre him three sons and one daughter, dying in 1861. For many years pre- vus to his death, which occurred November 1. 1869, he was a confirmed inva- Nearly eighty-two years had passed ere death claimed him; but in dying b had the satisfaction of knowing that he was leaving behind him those who vuld do honor to his name.

The oldest living representative of the Dayton bar is the venerable Peter I Lowe, who was born in Warren County, Ohio, June 11, 1801. His parents vre Jacob D. and Martha (Perlee) Lowe, natives of New Jersey. Peter P. reived his early education in the country schools, and studied classics under aprivate tutor. He studied law in the office of Hon. Thomas Corwin, and i mediately after his admission to the bar in May, 1825, he came to Dayton ad began practice in June of that year. In 1832, at Washington, D. C., he vs admitted to practice in the United States Courts, and in 1834 was elected Josecuting Attorney of Montgomery County. He took a deep interest in the sowth and development of Dayton, and did much toward that end. In 1849, was chosen President of the Dayton & Western Railroad, and by his wise fancial management, placed the road on a substantial footing. In 1837, he vs elected on the Democratic ticket to the State Legislature, and served as (airman of the Judiciary Committee during his term of office. Originally a

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HISTORY OF MONTGOMERY COUNTY.

Whig, he left that party and cast his first Democratic vote for President Va Buren. In 1856, he again changed his political affiliations, joining his for unes with the Republican party, and in 1860 was chosen as a delegate to th convention that nominated Abraham Lincoln for President, and during the wa took a determined stand in support of the Union. He was married in May 1830, to Miss Ann Bomberger, of Dayton, who bore him four children. Sh died in 1877, after a married life of nearly half a century. Mr. Lowe ha been an adherent of the Presbyterian Church all his life, and has been ver successful in the accumulation of property. . He is a courtly, frank and cult vated gentleman-a member of the old regime-whose house was the resort fc the great men of by-gone days, such as Stanton, Chase, Tod and Brough, wb were his warm personal friends. For many years he has not been engaged i active practice, but is still in possession of much of his old-timed busines energy.

Next in the order of time, but in the front rank of leading lawyers, come Edward W. Davies, a native of New York City, born January 16, 1802, an died in Dayton, Ohio, December 11, 1873. In 1804, the family came to Wil iamsburg, Hamilton Co., Ohio, and, in 1806, removed to Cincinnati; here Ed ward W. grew up, studied law and was admitted to practice. In 1826, he be came a member of the Dayton bar, where, during the early days of his practice he had all the experiences of the pioneer lawyer. In 1829, he married Mis Mary Pierce, daughter of Joseph Pierce, an early merchant of Dayton, wh bore him seven children, four of whom are yet living. In 1832, he was ap pointed Clerk of the Court of Common Pleas, and held the office for a numbe of years. He was afterward associated with Judge Joseph H. Crane, and fo many years was the attorney of the C., H. & D. R. R. Mr. Davies was instru mental in securing the passage of the bill creating the Board of Police Con missioners for Dayton; was one of the organizers of that board and Presider of the same for some years. Although for nearly half a century he maintaine a high position at the Dayton bar, he never courted popularity. With broa and extensive views, firm convictions and purity of motives, he was unremit ting in his efforts to accomplish an object which he believed to be right. H possessed a deep sympathy with the laboring classes, and was ever ready upo all occasions, and in every way in his power, to assist them in their struggle and to relieve their sufferings. The following is an extract from the testimc nial of the Dayton bar, just after his death: "Mr. Edward W. Davies de served and maintained without reproach, throughout his long, active and use ful life, the character of a diligent and able lawyer; an energetic, public-spirite and patriotic citizen, a sincere and upright Christian and a pure and honee man. By unswerving integrity and force of character, he commanded the con fidence and respect of the entire public, but to those only who were intimatel associated with him were known the purity and excellence of his social quali ties and those still higher and more sacred attributes that adorn with grace an happiness the domestic circle and belong to the cultivated private . Christia gentleman. With a dignity that naturally pertained alike to his persona appearance and his character, he blended a generous and genial kindness, tha never failed to respond when a proper occasion called it forth; and such wer the sterling qualities of his nature, that no temptation could shake his fidelit to truth, manhood and duty."

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The history of Montgomery county, Ohio, containing a history of the county, Part 51

Author: W.H. Beers & Co Publication date: 1882 Publisher: Chicago, W. H. Beers & co. Number of Pages: 1214

Author: W.H. Beers & Co
Publication date: 1882
Publisher: Chicago, W. H. Beers & co.
Number of Pages: 1214