USA > Ohio > Hamilton County > Cincinnati > The old court house : reminiscences and anecdotes of the courts and bar of Cincinnati > Part 2
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Of all the above lists of names of judges and lawyers, we know of but four owners of them, now in 1880, sur- viving. These are Charles Fox, Henry E. Spencer, Edward Woodruff, and Samuel Yorke Atlee, all in vener- able age, and the first and oldest, Charles Fox, over
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eighty years of age, still practicing law with almost the energy and vim of a young limb of the law. He is, beyond all question, the Nestor of our present bar, and has done more legal business, and has had more legal experience as a lawyer and, for a time, as a judge, than any lawyer we know of. He has made several fortunes in money during his industrious life, but has lost them in speculations outside of law business, and now finds himself, in his old age, compelled, as he says "to practice before the courts." Samuel Yorke Atlee, we are informed, is now in his age, residing in Washington City ; and Mr. Spencer and Judge Woodruff have long since quit the practice of the law, and are living in this city and spending their age in repose. Nearly half a cen- tury of time has gone by, and taken with it all but four persons of those whose names are in the list of lawyers of 1831.
BENCH AND BAR AFTER 1831 TO 1849.
We shall now add names of those who became and were members of the bar of the old court house since the year 1831 -as we remember them-up to the year 1848 or 1849, so that we may complete, so far as we are able, the catalogue of names of the bar of the old court house. Here they are, omitting the names we have already given. As will be seen, they are quite numerous.
George W. Allen, Charles Anderson, Larz Ander- son, John W. Applegate, William C. Barr, C. P. Bay- miller, James Boyle, Charles Bohne, J. Blackburn, Wm. G. Birney, C. P. Bishop, William K. Bond, Joshua H. Bates, Henry B. Brown, D. V. Bradford, Charles D. Brush, A. L. Brigham, Charles H. Brough, John Brough, Peter Bell, Augustus Brown, Milton N. McLain, Natha-
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niel McLean, J. S. Brown, C. S. Bryant, Jacob Burnet, Jr., Ed. Harrington, Wm. B. Caldwell, Samuel F. Cary, L. Carneal, Jno. Collins, S. S. Carpenter, A. G. W. Carter, Sam'l S. Cox, Jno. W. Caldwell, William Bebb, Charles L. Telford, M. Chapin, Flamen Ball, Stephen Clark, A. D. Coombs, M. Coombs, William M. Corry. Edward P. Cranch, J. R. Gitchell, S. F. Howe, J. T. Crapsey, N. Cutter, Jac. H. Clemmer, S. C. Carroll, Doddridge & Ramsey, T. B. Drinker, A. R. Dutton, J. H. Ewing, Sam'l Eels, Jas. J. Faran, Ira D. French, Jacob Flinn, Jozaf Freon, William T. Forrest, F. A. Foster, Timothy D. Lincoln, Frederick D. Lincoln, John Frazer, Thos. J. Gallagher, C. W. Grames, H. H. Good- man, Frederick Colton, William S. Groesbeck, Herman Groesbeck, Jno. H. Groesbeck, Benj. F. Gurley, A. S. Hanks, Samuel M. Hart, Jordan A. Pugh, George E. Pugh, Thos. J. Henderson, Jos. Howard, D. P. Hull, Chas. P. James, M. W. Oliver, William Johnson, Jere. Jones, John Jolliffe, Wm. Rankin, Talbot Jones, Ed. Kenna, Edward King, Rufus King, Othniel Looker, W. M. McCarty, Alex. H. McGuffey, Edward D. Mansfield, O. M. Mitchell, Ab. E. Gwynne, J. F. Meline, Patrick McGroarty, W. P. Miller, Thos. G. Mitchell, Charles D. Coffin, Thos. Morris, E. B. Reeder, N. B. Rariden, C. Olney, George H. Pendleton, William Phillips, Jr., Donn Piatt, J. L. Pendery, C. S. Pomeroy, Thomas Powell, Andrew J. Pruden, Frank Chambers, D. Quinn, Ray- mond & Dumhoff, Ed. C. Roll, James Riley, H. Roedter, R. W. Russel, Jas. W. Ryland, J. L. Scott, T. C. H. Smith, Henry Snow, J. B. McClymon, J. E. Egly, C. Hilts, Oliver Brown, Alex. Paddack, J. B. Coverdale, Nelson Cross, Joseph Cox, S. F. Black, John B. Stallo, William McMaster, Oliver M. Spencer, J. W. Shields,
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Richard M. Corwine, Jno. W. Herron, Isaac C. Collins, J. M. Stuart, J. Stille, Richard H. Stone, Llewellyn Gwynne, R. D. Handy, J. J. Collins, G. C. Perry, Jno. F. Hoy, Wm. Cunningham, Wm. W. Fosdick, Alphonso Taft, Thos. M. Key, Patrick Mallon, Jos. G. Gibbons, J. W. Taylor, C. Thorpe, J. M. Guitteau, W. Van Hamm, A. Van Hamm, P. J. Sullivan, P. Collins, Jno. B. Warren, W. H. Williams, Wm. Y. Gholson, W. S. Scarborough, J. P. Cornell, T. Woodruff, John Kebler, C. F. Dempsey, John C. Wright, Crafts J. Wright, Benj. T. Wright, Jno. L. Miner, J. McDougal, E. A. Ferguson, Chas. C. Murdock, Nat. C. Read, O. S. Lovell, Adam Hodge, Robt. B. Warden, George Hoadly, A. Miller, A. Ridgely, S. W. Irwin, G. W. Woodbury, J. H. Jones, E. P. Nor- ton, F. W. Miller, Stephen Gano, J. G. Forman, Henry Morse, W. E. Bradbury, J. S. Singer, T. Hair, T. Bass- ford, M. Comstock, A. F. Park, Geo. H. Hilton, S. Hulse, Cal. Benham, E. L. Rice, J. B. Moorman, D. P. Jenkins, J. H. Getzendanner, Henry Gaines, Andrew McMicken, R. Beach, E. R. Badger, T. O. Prescott, J. B. Ray, M. Wilson, A. M. Mitchell, H. H. Smith, L. Bruen, David Lamb, R. S. Dean, A. H. Townley, J. Burt, Wm. M. McCormick, Robert W. Carroll, C. C. Pierce, F. C. Bocking, M. Johnson, M. T. Williamson, W. E. Gilmore, C. W. Gilmore, Robert S. Hamilton, C. A. Glass, A. Monroe, S. T. Wylie, J. M. Wilson, C. D. Brush, Thomas C. Ware, J. J. Layman, James S. White, George B. Hollister, J. Bloomfield Leake, Samuel J. Thompson, Peter Zinn, William Dennison, Alex. Todd, Geo. Ketchum, Nic. Headington, Stanley Matthews, Thomas Corwin, Rutherford B. Hayes.
In the year 1844, the Court of Common Pleas of the old court house was constituted as follows : President,
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Fudge-Wm. B. Caldwell ; Associates-Henry Morse, Israel Brown, Robert Moore; Prosecuting Attorney- Charles H. Brough ; Clerk, pro tem-James McMasters ; Sheriff-John H. Gerard ; Deputy Sheriffs-John L. Stalee, James Cooper, Thomas Weaver, and Charles J. W. Smith ; Coroncr-Charles Hales ; Sergeant-at-Arms- Bernard Bradley. Afterwards, towards the closing days of the old court house, William B. Caldwell going upon the bench of the Supreme Court of the State, Charles H. Brough became President Fudge of the Court of Common Pleas, with Associates Robert Moore, William Wissman and James Saffin, and the Prosecuting Attorney was A. G. W. Carter, and there was a change of some of the other officers from time to time.
Of all these lawyers, judges, and officers once in active practice, there are now perhaps about seventy liv- ing, and some of them not engaged in practicing law, but in other pursuits. Those who are living will without a per- adventure of a doubt pleasantly remember the days of the old court house, and will, we hesitate not to say, be glad to have their memories pleasantly revived of the sayings and doings therein. We say pleasantly revived, because it is not at all the design and purpose of these pages to in any way, recount the serious and sombre sorrows, and sad belongings and appertainings of that old, memorable superstructure, but, setting down naught in malice, to view, for the most part, the sunny or funny side of the old court house, so that, in the revival of our pleasant memories, we may live over the sportive and facetious scenes and incidents, and thus, as we were wont to do at them, laugh and grow fat, and drive dullest care away.
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SOME REFLECTIONS.
Perhaps there is no field more full of incident and anecdote, than that of our courts and bar-and this is essentially and necessarily so, for there, seem to come to- gether and concentrate the general and particular inter- ests of everybody, besides those of the judges and lawyers, and there as a matter of consequence, is more or less exhibited human nature in its strength and foible. There is certainly very little more exciting, and interesting than the trials of causes, and they present more sum and variety of human motive and action, than anything else we know of. Of course, in the doings and sayings of the courts and the bar, where so many human beings are necessarily concerned, there must be many scenes, inci- dents, and events, which, when told outside of court, become of immense and intense interest, and of story importance, to all hearers and readers. There are many such in the history of the court and bar of the old court house in Cincinnati, and if they were all gathered up, and written out, they would make a huge volume of lit- erary interest. It is not the purpose at this time however, to gather up all the matter that could be furnished, but only to give in a plain, simple and artless manner, those incidents and anecdotes of the court and bar, which are mostly among the personal recollections and reminis- cences of the writer, and for many of which he can him- self avouch as-" quarum pars fuit."
" That heart, methinks, Were of strange mould, which kept no cherished print Of earlier, happier times."
Those earliest judges and lawyers whose names I have first given, were all more or less distinguished and of
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importance. In those days Cincinnati was not so large, but it was a growing city-just incorporated into a city at the finishing construction of the old court house. Indeed it was the growing and progressing, and progressive city of the great West-and of course its court people were well known. The city did not take on its tremendous growth however, until some time after the beginnings and latest existence of the old court house ; when the reputation and distinction of lawyers were merged and swallowed up in numbers and competition. At that former time all these lawyers and judges known to all the ten, twenty and thirty thousand inhabitants of the city, stood out, not as common men, but rather as uncommon men; but their names albeit, were common property, and are thus pre- served to us, though they themselves have long since departed this life. They were a conspicuous set or body of men among their fellow-citizens-and were makers and leaders of public opinion, sentiment and action, and were looked up to as such, and approved, and admired, and respected, and regarded according to their ability, talent and merit-and these, in most of all of them, were more than ordinary, and in some, quite exalted and extraordinary.
LAWYER GAZLAY AND THE "DEMERARA TEAM."
Of the earliest lawyers of the old court house, I remember well the talented and able lawyer, and schol- arly and scientific gentleman, James W. Gazlay :- as I saw him and knew him in my boyhood days, when he was an aged and distinguished retired lawyer and scholar. He came from Dutchess county, New York State, to this city of Cincinnati about the year 1819, and immediately entered upon the practice of the law with
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success. After a few years he got into politics, and in the memorable year 1824, when Jackson, Clay, the younger Adams and Crawford were voted for, for Presi- dent of the United States, Mr. Gazlay was voted for, for member of Congress, by the people of Hamilton county, as a Jackson man, against General William Henry Har- rison, long afterwards elected President of the United States, and he beat the General for the office, and was returned to the National Congress of the years 1825 and 1826. Mr. Gazlay as a Representative, and not a Representative, had his own peculiar strongheaded and obstinate ways, and when in Congress, contrary to the will of the people of Hamilton county, he voted against the celebrated LaFayette gift ; a very popular move and measure of the year 1825, when LaFayette visited this country from France, and received such an ovation from the people of this country as never was accorded to man before or since. For this inopportune vote, Mr. Gazlay was defeated by the vote of the people when he presented himself for re-election to Congress, and he then left his party and the field of politics forever, and re- sumed his practice of the law: but never was he the popular man that he had been before his vote on the LaFayette question. I full well remember the reception of the great Frenchman LaFayette in this city, and I could describe many particulars, but they are not for these court and bar reminiscences. I will only say, that as a little boy, I personally, saw the sandy red-haired, full- faced illustrious Frenchman and American General, and hurrahed for him, and well remember the fact. His great American popularity was the political death blow to our talented friend Gazlay the author in these parts of the " Demerara Team;" and turned, or rather returned him, from politician to lawyer.
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In the days of the old court house, the Court of Common Pleas consisted of four judges sitting in a row upon the bench-long enough quite to accommodate them all, at their ease, in big arm-chairs-one president, or presiding judge, and his three associates. The first was always presumed, and assumed to be a lawyer, learned in the law; the latter having no presumption in their favor in that regard, but always plenty of assump-
THE DEMERARA TEAM
tion themselves ! They were generally old, sober and sedate citizens who might have been once aldermen, or justices of the peace, or farmers, or shoemakers, or- what not ?- chosen, by the Legislature of the State, to the bench to aid and help the presiding judge in his arduous legal duties by the infusion, once in a while, of a little, good, hard common sense. This, at all events, was the theory and motive and meaning of our forefather framers
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of the constitution of 1802, who perhaps thought well, that the law, with its quillets and quiddets, would mystify, alarm, and endanger the good people without some mix- ing in of every-day homespun experience of the common affairs of life ; and so they provided three grains of com- mon sense to one penny-worth of law !
In a full court, the business of litigation was mostly transacted by the presiding judge, either with, or without a jury, as the particular nature of the business required or was demanded by the lawyers, and it was not expected by any one that the associates would interfere-though they sometimes did interfere, and that, too, materially.
On one occasion, Lawyer Gazlay had a matter of legal importance before the full bench-a quo warranto or mandamus writ, or something of that sort, which he most anxiously desired the court to grant against certain defendants, and he pressed the matter before the court in full, with all the ardency of his nature. He convinced, by his legal eloquence, the presiding judge, who was that good old soul-though not very learned lawyer, - George P. Torrence, that he was right, and the presiding judge was about to grant the writ in his capacity of over- ruling judge ; but the associates did not agree with him -not one of them-and, being a majority of the court, had the right to, and would have overruled Judge Tor- rence. So, in the dilemma, the good-natured presiding judge said to Mr. Gazlay, " we will take the papers, and the court will decide the matter to-morrow morning." The morrow morning came, and the full court was in session, and lawyer Gazlay was present in patient expec- tation that the writ would be of course granted by the couft, as yesterday the presiding judge was in his favor, and he was the only and sole judge of the law. But
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what was his surprise when the presiding judge announced that "he had carefully examined the papers and was now convinced that the writ ought not to be granted, and could not be legally granted ;" "but," said he, "my brother associates upon the bench are now convinced that the writ ought to be granted, -each and all of them ; and thus, with the tables turned this morning, they still disagree with me : we will further consider this matter."
Gazlay-" But I want the writ granted now. It is a matter of prime necessity -. "
Presiding fudge-"We cannot help that. I am convinced that you have no legal rights here, and I will convince my associates."
Gazlay-" But they are a majority of the court and they will now grant the writ."
Presiding fudge-" But I mean to convince them my way."
Gazlay-" They never will go your way in this mat-
ter. This court is a regular 'Demerara Team !'"
Presiding fudge -" What do you mean by that, brother Gazlay? what do you mean by that?"
Gazlay-" I mean what I say. This court is a Dem- arara Tcam, composed of one mule and three jackasses; when the mule wants to go, the jackasses won't, and when the jackasses want to move, the mule won't budge a step !"
Presiding fudge-" This is contempt of court, bro- ther Gazlay, and I fine you ten dollars for contempt."
Gazlay-"No matter what you do -the ass-ociates will not go with you."
Presiding fudge-" Sit down, brother Gazlay : we will have no more of this. If we are a Dam-crror-ah Team, drive on with your man-dam-us! We will hear you further in argument."
.
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So, with the good humor produced by this jolly sally of the social and clever presiding judge, Mr. Gaz- lay went on with his case, and, after the fullest of argu- ments presented by him, the Demerara Team told him that they would grant him the writ of mandamus, pre- liminarily ; that he might drive on for a while, and then they would wait for the wagon on the other side. And this pleased all concerned, and settled matters.
From this early time forth, this term of " Demerara Team " adhered to the judges of the old Court of Com- mon Pleas of the old court house all through its existence ; and many were the jokes perpetrated on account of it among the lawyers and between them and the judges, in and out of court. Some of the judges took them good- naturedly, while the dignity of others used to be quite offended ; and this reminds us that at a later day in the history of the old court house, this was told and remem- bered, and we will call it- .
MORE, OR MOORE, ON THE "DEMERARA TEAM."
Judge Bob Moore was an associate judge of the old Court of Common Pleas in the latter days of its exist- ence. With his brethren, Wiseman and Saffin, he used to have a good deal of fun on and about this matter of the "Demerara Team,"-for Judge Bob was given to fun and facetiousness, and it did him good to have fun with, and make fun of, his fellow associates, and he took occa- sion to do so perhaps too often, for he sometimes unwit- tingly gave offense to his brethren, who very much dis- liked to be thought or known as asses, or called asses even in joke or fun, though they were ass-sociates. But not so Moore ; he seemed to like it so well that he took pleasure in keeping up the joke on the bench at the ludi-
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crous and sometimes ridiculous expense of his brethren ; and very often in the morning he would say to his brother associates, " Come, it is high time to hitch up ;- let us get into our harness and go on with our Demerara Team ;" and then, addressing the old deputy sheriff, Stalee, always at his post, he would say, "Come, Stalee, drive on the old team ; we are all hitched up and ready to start." Stalee, knowing exactly what he meant, would proceed, in his way, to open court after his stereo- typed formula, and the Demerara Team would drive on.
The two judges associate often expostulated with facetious Bob, and would say to him: "This thing was too much, it was lowering the dignity of the Court." Whereupon Judge Bob would reply to them: "Come now brethren, the Demerara Team is a good thing ; let us drive on the wagon ;. we have no dignity to unload." And then Judge Wiseman would say, half in anger: " You ought to think once in a while, brother Moore, that we are not all as green as you are. You are green Moore-more green than we are." Brother Bob lived in Green Township to be sure, but he was not so green after all, or'green Moore or more green than his brethren, and despite of expostulation would, and did, keep up the Demerara Team joke for a long while, until he got ripely tired of it himself ;- and that was when the old funny Court of Common Pleas ceased to have existence.
THE LAMPOON DOGGEREL.
The old " Demerara Team" was even a standing saying, and became a standard joke among people out- side of the bar, and outside of the Court, and court house. The newspapers of the city especially when they were a little mad at the doings of the Court, used fre-
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quently to have the term in their columns, in the accounts of what was being done at court. In one of the news- papers, the "Liberty Hall and Gazette" of that day, I believe, was printed and published a lampooning dog- gerel about the old court of Common Pleas, which ran about thus, being published on New Year's day :
Old eighteen hundred and twenty-one : We have seen its setting sun ; And then, to keep time's course along, Another year comes rolling on.
Judge G. P. T-, the mule-'tis clear - Retains his seat another year : On his right and left, three asses beam - Which makes up the " Demerara Team."
GENERAL WILLIAM HENRY HARRISON, AND HIS TALENTED SON, LAWYER WILLIAM HENRY HARRISON, JR., AND THE TAVERN LICENSE.
Almost as far as my memory goes back, and recollection serves me, William Henry Harrison, the hero of Tippecanoe, was clerk of the Court of Common Pleas of this county, and while in that office he was nominated by the Whig Convention, assembled at Harrisburg, Pennsylvania, in the year 1836, for the ex- alted office of President of the United States, and in 1840, that memorable year of the log-cabin, coon-skin and hard-cider campaign, having again been nominated by the Whig Convention, beating Henry Clay, he was triumphantly elected President of the United States against Martin Van Buren, the candidate of the Demo- cracy. William Henry Harrison, son of Benjamin Harrison, one of the original signers of the Declaration of Independence, was born in Virginia, and from that
3
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State became, by the appointment of the President, Governor of the Northwestern Territory, and afterward was distinguished as a Major General of the United States Army in the war of 1812, and then was a Senator of the United States from the State of Ohio. He was a member of the Cincinnati Bar, and from it, was made Clerk of the Common Pleas of Hamilton county by the appointment of the four judges then upon the bench, and from that humble office, took the great and long stride to the Presidency of the United States. He was one of my early recollections, and when I was a student at law in the office of Wright & Walker, many a time had I the pleasure of seeing and conversing with the old General, who frequently visited our office to counsel with his firm and fast friend, Judge John C. Wright, who was called by politicians in 1840, his " conscience keeper."
The General had a bright and brilliant son of the same name as himself, William Henry, who was also a member of our bar, and a talented one. But he was given to too much conviviality, as too many young men of great promise are, and he died young ; but during his brief career as a lawyer he made quite an impression as an eloquent advocate, and was distinguished for his wit and humor. I remember an incident about him and our court and bar, although I was very young at the time it occurred, but it was duly preserved among the old lawyers, and often told by them.
In the time of the associate judges, all persons who desired to keep a tavern, inn, or hotel, were required by law to procure a yearly license from the court, and the duty of granting these licenses devolved upon the asso- ciates. during the first days of the regular terms of court. Of course, lawyers had to be employed to make the
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application for license in due and legal form for their clients, and were reasonably paid for it, according to the purse of the applicant, and the character of his house. On one occasion, one Moses Bussel, a curious and woe- begone neighbor of lawyer Harrison, living in Miami township, near the town of Cleves, and of course quite near the North Bend residence of Harrison, wanted a renewal of license to keep a tavern on the Clevestown road, and duly employed William Henry Harrison, Jr., as his lawyer, without, however, presuming to pay his neighbor (Harrison) any fee. But Harrison was on time in court notwithstanding, with his client anxiously sitting beside him, and having his opportunity, he sud- denly arose in his place at the bar and said :
"May it please the ass-ociates of this honorable court, I, this very dry morning, appear here on behalf of my very dry client, Moses Bussel, who presents this petition (holding it up,) for a renewal of license to keep a tavern on the Clevestown road, near my house, for one more year. In my experience I am ready to declare that Mr. Bussel is a good and moral citizen, but he can not pay a great deal for a license, for he has not paid me ! I know he is a very poor man, and keeps a d-d poor tavern!"
Mr. Harrison sat down somewhat unconscious of his whereabouts and his convivial sally, but there was quite a laugh on the bench, and a loud guffaw in the bar and outside. Recovering himself, old, gray-headed Judge Tom Henderson, chief of the associates, called out in stentorian voice, no doubt for the sake of example and precedent, "Mr. Clerk, enter upon the minutes a fine of ten dollars against Mr. Harrison for swearing in court."
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