The history of Montgomery county, Ohio, containing a history of the county, Part 52

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 52

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Another of the prominent lawyers who came to Dayton more than fift years ago was Thomas J. S. Smith, a native of Cumberland, Md., born Decem ber 10, 1806, and who died at Dayton July 31, 1868. He graduated at Jeffer son College, Pennsylvania, and, in 1830, came to Dayton, where he studied law and was admitted to the bar in 1832. He then settled in Troy, Ohio

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łgan practice, and soon rose to a leading position among the members of the br of Miami County. In 1837, he became Clerk of the Court of Common leas and served as such for several years. He also at one time represented tit county in the Ohio Legislature. In 1844, he resumed the practice of his pofession in Dayton, and soon became engaged in numerous railroad projects, t.ng made President of the Dayton & Michigan Railroad shortly after its or- nization, and so continued until its completion. His connection with that ad other roads gave him practice in railroad cases and he became known as ce of the best railroad lawyers in this part of the State. In 1856 and 1857. b.represented Montgomery County in the State Legislature, and, in 1860, was to candidate of the Democratic party for Supreme Judge of Ohio, and, upon t: breaking-out of the rebellion, he gave his active support to the Union cise. He was always recognized as an able lawyer and speaker, a man of re vigor of mind fully developed by large culture and discipline; of great finness and decision of character; of excellent judgment and of the most supulous integrity. Politically, a Democrat, he was always distinguished f his conservativeness. Moderate in his opinions, charitable in his judg- ants, refined in his tastes, kind and gentle in his manners, he was greatly eeemed by men of all parties and conditions in life. A Presbyterian by edu- cion, and, for many years, a member of that religious body, his life was a fiing example of Christian piety and truth. On the 28th of May, 1833, he ws married to Miss Jane Bacon, daughter of Henry Bacon. a prominent law- v of Dayton, of which union five children were born, four now living, one of wom, Samuel B. Smith, is the present Adjutant General of Ohio.

In the same rank and cotemporary with Mr. Smith may safely be placed ty name of Peter Odlin, who was born October 6, 1798, at Trenton, N. J. Is parents were citizens of Philadelphia, but, at the time of his birth were tuporary residents of Trenton, and Mr. Odlin always claimed Pennsylvania a the State of his nativity. The ancestors of Mr. Odlin were ministers of Feter, N. H., where, for forty years, they occupied the pulpit. In 1802, his f her died while absent on mercantile business, at Cape Francais, Island of St. Imingo. Soon afterward, the family removed to Washington, D. C., where 1. Odlin was educated at the Washington Classical Academy. and where he s died law under John Law, Esq., a lawyer of eminence, whose name is fa- n iar in the United States reports. Mr. Odlin was admitted to the bar of the [ited States Circuit Court at Washington City, in 1819, his examiners being Jan Law, Elias B. Caldwell and Francis Key, the author of the "Star-Span- gd Banner," For a short time, he practiced at Washington, but, in 1820, moved to Somerset, Perry Co., Ohio, and, for ten years, was Prosecuting At- toney of that county. He was elected to the Legislature for the session of 130-31, during which he was a member of the Judiciary Committee and also o the Committee on Revision. In 1832, Mr. Odlin came to Dayton, and, in 134, formed a partnership with Hon. Robert C. Schenck, and, for about nine y rs, the firm of Odlin & Schenck stood at the head of the Montgomery City bar. After Gen. Schenck's election to Congress, Mr. Odlin entered ido partnership with Col. John G. Lowe, which existed for about six years, aer which he became the partner of William H. Gilman: subsequently, of Araham Cahill, and, in his later years, was associated with Albert Kern. In pitics, he was a Whig and a Republican; was a delegate to the convention wich nominated Gen. Taylor for President, and was also on the electoral txet for Fremont. In 1845, he was elected President of the Dayton Branch o the State Bank of Ohio, and was annually re-elected to the same position util the expiration of its charter, when he was elected and served for many yirs as President of the Dayton National Bank. At the first election, after

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the adoption of the new constitution, he was the Whig candidate for Suprem Judge of Ohio. In 1829, Mr. Odlin became a member of the Presbyterian Church, at Somerset, in which he was elected an Elder, and, upon his remova to Dayton, he was elected to the same office in the First Presbyterian Church where he remained until 1836, when he became one of the founders of the Third Street Presbyterian Church, in which he remained an Elder until his death. In 1861, he was elected to a seat in the General Assembly of Ohio, and remained there as Chairman of the Committee on Finance until the close of th rebellion, and then declined further candidacy. He was the author of the bil giving to the soldiers in the field the right to vote at the darkest period of th rebellion, when the State was defenseless. Mr. Odlin introduced a bill making an appropriation of $1,000,000 for the defense of the State, which passed and became a law. Under this bill, four parks of artillery for the State wer made immediately, and, at the same session, the military committee perfected and passed the law organizing the National Guard, which placed the State il security and enabled Gov. Brough to send 40,000 men to the front. Mr. Odli was also author of the bill, which is now a law, preventing the sale of liquo on election days, one of the best laws ever enacted. In 1869, although retirer from public life, he was elected by the Republican party as Senator from thi Montgomery and Preble Districts, and served his full term. As a man, Mr Odlin's place was among that class of Christian gentlemen whose calm and vigorous intellects are governed by a Christian heart and a Christian con science. He was tall, slim and compactly framed, bearing at all times the de portment of a dignified and earnest, but kind-hearted man, and, although stern man when principle was involved, he was courteous to every one, and hi long public life and extensive acquaintance with the men and business of th world, failed to give him that forbidding sternness so common with publi men. As a Legislator, Mr. Odlin ranked among the very first of his day, an wielded a powerful influence in both branches of the State Legislature. Hi knowledge of law and of finance enabled him to render the State importan service, and gave him an influence such as few men ever attain. was clear, severely logical and always master of the subject in hand, revealin, a cultivated taste and a mind enriched with the beauties of literature. H

In debate, h was inarried, at Somerset, Ohio, October 14, 1821, to Miss Ann M. Ross, for merly of Washington, D. C., to whom were born nine children -- five daughter and four sons-two of the former being dead. Two of his sons were in th army throughout the rebellion, one of whom was a Major in an Ohio regiment Mr. Odlin died October 18, 1877, in the eightieth year of his age, loved an respected by his professional brethren for his manly attributes and brillian legal attainments, as well as honored and revered by the best citizens of Mont gomery County, among whom he had lived nearly half a century.

Prominent in the affairs of this county, we find the name of Hon. Charle Anderson, who was born at his father's residence, called "Soldiers' Retreat, near the present city of Louisville, Ky., June 1, 1814. His father, Col. Rick ard C. Anderson, a native of Virginia, settled at that point in the year 1783 and was Surveyor General of the Virginia military lands. Charles received thorough education, and, under the best of teachers, prosecuted his studies i the English branches and in the classics. In 1829, he entered Miami Un versity, at Oxford, Ohio, graduating in 1833. He soon after went on a vis: to his brother, Robert, who was then in command of the United States Arsenal a St. Louis, Mo., but who subsequently became the hero of Fort Sumter. He ther engaged in farming, which did not prove a success, and he returned to Louis ville, where he entered the law office of Pirtle & Anderson. In 1835, havin. completed his law studies, he came to Dayton, Ohio, and, on September 1€

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as married to Miss Eliza J. Brown. He opened an office, and. for ten years, "as half lawyer and half farmer, exhibiting little zeal in his profession, but ver displaying a strength of moral principles and a calm independence of haracter, which won for him the increasing respect of the community. He "as first elected Town Clerk and Superintendent of the common schools, and, 1 1842 and 1843, was Prosecuting Attorney of Montgomery County. In 1844, le was elected to the State Senate, where he exhibited the moral courage of eing the first man in Ohio who dared to propose and vote for the repeal of le law disqualifying negroes from appearing as witnesses in legal trials, for hich he was bitterly denounced. After the expiration of his Senatorial term, e went to Europe for the purpose of trying to regain his health, which was ery poor. His tour of Europe completely restored his wonted vigor, and, pon his return, he removed to Cincinnati, where he entered into a law part- ership with Rufus King, which lasted eleven years. His health again failing, a removed to Texas and engaged in stock-raising, which he followed until the bellion, when he was driven from the State on account of his Union senti- ents, barely escaping with his life. He then went to England for the pur- ose of delivering a series of lectures. and endeavored to turn the tide of En- lish opinion in favor of the Union. but, upon reaching that land. he soon scovered that such a thing would be impossible, as nearly the whole English ation, with the exception of Ireland. were secretly assisting the rebels and re- icing in the coming dissolution of the Union. Upon returning to America, e was appointed Colonel of the Ninety-third Regiment Ohio Volunteer Infan- y, but, after the battle of Stone River, wounds and exposure had so impaired 's health that he was compelled to resign his commission. He was soon after- ard elected Lieutenant Governor of Ohio, and, by the death of Gov. Brough, be- me Governor of the State. At the close of the war, Gov. Anderson advocated amediate and general amnesty, but the legislation then enacted led him to ss into the Democratic party. He subsequently removed to Lyon County, y., and settled upon a large iron estate on the Cumberland River, where he now living in the seclusion of private life. Gov. Anderson was distin- lished as a man of broad national patriotism: a genius of brilliant parts, ith a great command of language, and an intuitive power of disentangling tricacies. He was a frank. open-hearted and generous man, whom every one Imired and respected.

The other living member of the Dayton bar, who practiced here previous , 1840, is Hon. Ralph P. Lowe, of Washington, D. C. He was born in War- n County, Ohio, November 24, 1805, and was a son of Jacob D. and Martha Lowe. He grew to manhood in his native county, and from there entered iami University, where he graduated. Immediately afterward, he went to labama, where he followed school teaching and the study of the law; was ibsequently admitted to the bar and began the practice of his profession. bout 1834, he returned to Dayton and formed a partnership with his brother, ater P .. which lasted until his removal to Iowa, in 1839. In the year 1838, he arried Miss Phobe Carlton, of Cincinnati, who bore him nine children, all of hom are living. He practiced law in Iowa many years, and. in 1860, was ected Governor of that State, and subsequently, to a seat on the Supreme ench of the same commonwealth. About nine years ago, he removed to ashington, D. C., where he is at present engaged in the practice of his pro- ssion. Judge Lowe possesses a thorough knowledge of the law, made a good idge and is considered a first-class lawyer.

There are many other members of the early bar who deserve special men- on, but of whom we have been unable to obtain necessary data for a sketch; it of those who acquired especial distinction we find the names of Henry

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Bacon, Sr., Robert A. Thruston and M. E. Curwen. The former was one of the very ablest lawyers at the bar. and, although a man not possessed of much energy, at times he would be " imbued with a spirit of eloquence, and deliver speeches, which, for logical strength and beauty of composition, were seldom equaled. He was a well-read lawyer, and, from 1817 to 1833 inclusive, was Prosecuting Attorney of Montgomery County and also represented the county in the State Legislature. The second gentleman, Robert A. Thruston, is claimed to have been the most eloquent member of the early bar -- a man of un- doubted legal ability and brilliant attainments. In 1836 and 1837. he was a member of the Ohio Legislature, and was considered one of the ablest legislat- ors in the House. Both he and Bacon died many years ago, but are still kindly remembered by many of the oldest citizens. M. E. Curwen was a man of great legal learning, and, for many years, a professor in the Cincinnati Law School. He was the compiler of Curwen's Revised Statutes and author of sev- eral books, among which was a short history of Dayton, published in 1850, which preserved many important facts about the early settlement at the mouth of Mad River.

Few men were better or more favorably known among their professional brethren since 1840 than John Howard, whose death occurred in Dayton May 8, 1878. He was born in Belmont County, Ohio, October 5, 1813, and, in 1826, his father, Horton Howard and family, moved to Columbus, Ohio, where, in 1833, both parents and sister died of cholera. John graduated at Kenyon College, Gambier, Ohio, in 1838, and, in 1839, located in Dayton. He read law in the office of Odlin & Schenck; was admitted to the bar in 1840, and was engaged in a very successful practice for nearly forty years, during eight of which he was associated with Judge D. A. Haynes. He was rather indiffer- ent to politics, though for several years he was Mayor of Dayton and a member of the City Council. In 1876, he was made a candidate for Congress against his wishes, but was defeated by less than 100 votes. As a lawyer, he was noted for the care and thoroughness with which his cases were prepared, and also for the skill, ingenuity and ability that characterized his pleadings. Though not eloquent, the effect of his argument on courts and juries was al- ways telling and emphatic. In religious faith, he was educated a Friend, his father being a minister of that church, but, some eight years previous to his death, he united with the Third Street Presbyterian Church of Dayton. On the 6th of April, 1841, Mr. Howard married Ann E. Loury, daughter of Field- ing Loury, of Dayton, who became the mother of seven children, two of whom survive. In his latter years, his son, William C. Howard, was his partner in the law profession. It was said of him that he never made an enemy while at the Dayton bar, or that there was a living soul who entertained other than the highest respect for him. He was considered the most prompt man at the bar, a hard and cheerful worker, always ready for business.

Of the leading members of the Montgomery County bar who have passed from this scene of action in the last few years, none have been more deeply re- gretted than Wilbur Conover. He was born in Dayton, Ohio, May 10. 1821, and died in his native city October 3, 1881. In 1834, he began attending school at the Dayton Academy, where he spent three years, and, in 1827, en- tered the Sophomore class at Miami University, Oxford, Ohio, graduating in the same class with Robert W. Steele, of Dayton, in 1840. He was distin- guished among his classmates as a diligent, popular student, endowed with an unusually clear, analytical mind, which, with his love of study and industry, made him the best scholar in his class. Upon leaving college, he at once chose the profession of the law, entered the office of Odlin & Schenck, and was ad- mitted to the bar in 1842. In 1844, he became the law partner of Robert C.

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Schenck, and so continued until 1850. The following year, he formed a part- nership with Samuel Craighead, which firm was recognized as one of the most reliable and eminent in this portion of Ohio. Mr. Conover was married, Sep- tember 11, 1849, to Miss Elizabeth W. Dickson, who bore him five children, three of whom are now living. His associates say of him that he possessed all the qualifications of an excellent lawyer, being diligent, painstaking and strictly conscientious, active and clear in his perceptive faculties. He never concealed his honest convictions on any subject, and never sacrificed or com- promised them for the sake of popularity. His opinions as a lawyer were re- garded with deserved confidence, as well by the community as by the profes- sion; and his business life seemed to illustrate the lofty sense of duty united with a sincere devotion to his calling. Robert W. Steele, who was his class- mate for six years, says of him: "Thoroughness was his distinguishing quality as a student, and he never left a subject until he reached the bottom of it. Truthfulness and purity characterized him throughout his college course, and in all my intercourse with him I never heard him utter an unworthy or impure word. His later life was a fitting fulfillment of the bright promise of his col- lege days. He occupied no official positions, because he never sought nor would accept them. He devoted himself wholly to his profession, and worthily won the high position he attained as a lawyer. While steadily refusing all offers of political preferment, he served for many years as a member of the Board of Education. His services as a member of the Library Committee were specially valuable, and his excellent judgment of great use in the selection of books." As far back as 1870 his health began to fail-the result of a too close and diligent application to business, and from which he never fully recovered.

In closing the record of those lawyers who are recognized as fitting repre- sentatives of the Montgomery County bar since the first court was held, in 1803, the history would be incomplete without a brief sketch of Col. Hiram Strong, who was wounded at the battle of Chickamauga and died at Nashville, Tenn., October 7, 1863. He was born October 28, 1825; graduated at Miami University in 1846, and was admitted to the bar in Dayton in 1849, where he continued in successful practice until August, 1862, when he was made Lieu- tenant Colonel of the Ninety-third Ohio Volunteer Infantry. He was married September 28, 1852, to Miss Harriet A. Conover, to whom were born four chil- dren, all now living. Immediately after his admission to the bar, Col. Strong formed a partnership with William C. Bartlett, which continued until 1853. In that year, he became associated with Hon. Lewis B. Gunckel, and this firm, during its existence of ten years, was recognized as ranking among the leading ones of Dayton. Of the many noble men who lost their lives in the war, there was no better or nobler than Col. Strong. Quiet and retiring in his manners, of a warm, generous, impulsive nature; he never acted without deliberation, he never formed an opinion without reflection-in fact, his character was a model one. He was a just man and scrupulously honest. Frank, open and fair him- self, he despised cunning, deceit and trickery. He was always genial, hopeful, companionable, possessed of the most perfect self control and temperate in all things. Never a politician, he nevertheless took a lively interest in public affairs. As a speaker, he was forcible; but strove to convince, rather than to please, while, as a lawyer, there was no safer counsel at the bar. As a soldier, he was ever at the post of duty; was exact in his, discipline, and paid the strictest attention to all the minutest details. Having no military knowledge when he entered the army, he became, by rigid study, a thorough tactician, and made of the Ninety-third one of the best disciplined regiments in the field. He had no military ambition, and accepted the position of Lieutenant Colonel purely from a sense of duty and patriotism. Such was his attachment

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for home and family that the highest command in the army would have beer no inducement for him to leave them. Cautious, apparently timid, he shunned no danger when duty called, and was as brave as the bravest. He ever acted upon principle, and duty could command him when no personal interest could move him. A kind father, a loving husband, a patriotic citizen and a brave sol dier, he gave his life in the prime of manbood, a willing sacrifice for his country.

The bar of Montgomery County furnished the Union army with the fol. lowing soldiers: Gens. Robert C. Schenck, Gates P. Thruston and Moses B. Walker; Cols. Hiram Strong, Edward A. King, John W. Lowe, Michael P Nolan, Joseph G. Crane, Edward A. Parrott, Charles Anderson, John G. Lowe and David B. Corwin; Majs. Samuel B. Smith, Daniel O Driscoll, Luther B. Bruen and William H. Sigman; Capts. E. Morgan Wood, Samuel B. Jackson and George W. Brown; Lieuts. O. M. Gottschall and William C. Howard: Sergts. Elihu Thompson and William Craighead. Of these, Cols. Strong. King, Crane, John W. Lowe and Maj. Bruen gave their lives as a sacrifice on the altar of their country, while many of the others bear honorable wounds.

From the organization of the county up to the year 1852. practicing at. torneys had to pay an income tax, but in the latter year that law was abolished. The following is a complete list of the Prosecuting Attorneys from 1803, to 1882-a period of seventy-nine years: Daniel Symmes, pro tem., 1803-04; Arthur St. Clair, 1805-07: Isaac G, Burnett, 1808-12; Joseph H. Crane, 1813 -16; Henry Bacon, Sr., 1817-33; Peter P. Lowe, 1834-37; Joseph H. Crane, 1838-39: William H. Blodget, 1840-41; George C. Holt, 1841-42; Charles Anderson, 1842-43; Daniel A. Haynes, 1844-47; Samuel Craighead, 1848-51: James H. Baggott, 1852-55; D. A. Houk, 1856-59; Daniel P. Nead, 1860-61; Henderson Elliott, 1862-63; Youngs V. Wood, 1864-65; Warren Munger, 1866-67; George V. Nauerth, 1868-69; Elihu Thompson, 1870-73; James C., Young, 1874-75; John M. Sprigg, 1876-79; James C. Young, 1880-81; John M. Sprigg, 1882.

Deceased attorneys who have lived and practiced in Montgomery County: John J. Ackerman, *Henry Bacon, Sr., Henry Bacon, Jr., Eli Booth, Robert P. Brown, William H. Blodget, Lee Brumbaugh, George W. Bomberger, David H. Bruen, Luther B. Bruen, John C. Baggott, Joseph H. Crane, Joseph G. Crane, William H. Crane, Wilbur Conover, W. W. Chipman, M. E. Curwen, Abram Cahill, John C. Clegg, Samuel B. Darst, Edward W. Davies, John Dej Graff, Stephen Fales, Ira Fenn, D. G. Fitch, Eli J. Forsythe, W. H. Gilman, Gilbert, Joseph Graham, John Howard, *George B. Holt, Talbert Jones, Samuel B. Jackson, Edward A. King, T. C. Kidd, -- Kelsey, James Kelly. H. V. R. Lord, O. A. Lyman, Jacob D. Lowe, John W. Lowe, Josiah Lovell, Warren Munger, Sr., William Mount, Fitz Hugh Mathews, *William J. Mc- Kinney, George W. Moyer, Daniel P. Nead, William Osborn, *Peter Odlin. *Marcus J. Parrott, William H. Piper, Thomas Powell, *Thomas J. S. Smith, Lucius Q. Smith, *William M. Smith, *Henry Stoddard, Sr., James A. Shedd, Hiram Strong, John Scott, J. W. Sharts, Philip Shuey, Edwin Smith,* W. Shel- hamer, William H. Sigman, *Robert A. Thruston, T. B. Tilton, C. L. Vallardig- ham, John W. Van Cleve, Fred L. Wood, Youngs V. Wood, Stephen Whitcher.

The following lawyers have lived and practiced in this county, but are now residing elsewhere: * Charles Anderson, William C. Bartlett, M. Q. Butterfield. G. S. Byrne, Francis C., Biglow, J. M. Bond, George W. Brown, E. C. Book- walter, William E. Brown, J. J. Clark, Frank Collins, *F. P. Cuppy, John T. Douglas, W. L. Dechant, John C. Dunlevy, Zina Doty, Edward Delaney, George W. Ells, John H. Fry, P. H. Gunckel, *Luther Giddings, John V. L. Graham, Michael Garst, William C. Howard, William L. Helfenstein, Jackson A. Jordan, N. E. Jordan, I. N. Jordan, Elza Jeffords, Isaac H. Keirstedt. Riley J. Knox, Gilbert Kennedy, Ralph P. Lowe, E. O. Lefever, J. Walker Mc-

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orkle, G. V. Nauerth, B. F. Owen, C. M. Peck, Charles Parrott, Joseph Plun- tt, William Ritchie, Isaac Robertson, A. M. Scott. Frank Showers, Henry oddard, Jr., George W. Starr, Theodore Sullivan. E. C. Swallem, H. L. rohm, W. C. Thompson, Reuben Tyler, Julius C. Taylor, Gates P. Thrus- n, George Walker, W. J. Weaver, Moses B. Walker, Col. Whitney, Israel illiams, H. H. Weakley, D. M. Zeller.

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The history of Montgomery county, Ohio, containing a history of the county, Part 52

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