History of West Virginia old and new, Volume 3, Part 134

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HISTORY OF WEST VIRGINIA

years and ten days. His record as a congressman was marked by many evidences of statecraft, and while he served his constituency faithfully he also won the con- fidence of his fellow members of the House. West Vir- ginia never sent a more earnest, sincere and honorable man to Congress than Judge Dayton.

He went on the Federal Bench as judge of the United States District Court for the Northern District of West Virginia in March, 1905. Besides the regular terms of court in his own district he held court by designation in the Southern District, also in Pittsburgh and New York, and once a year was on the bench of the Circuit Court of Appeals in his district. Judge Dayton continued his work on the bench until a short time before his death. The bar of West Virginia recognized in him a man of high ideals, of spotless integrity and noble character.

Judge Dayton was an elder in the Presbyterian Church more than forty years. He was affiliated with the Masonic fraternities, the Knights of Pythias. and was grand master of the Independent Order of Odd Fellows of the state in 1893. November 26, 1884, he married Miss Columbia M. Sinsel, of Grafton. He is survived by his widow and their only son, Arthur Spencer Dayton of Philippi.

ARTHUR SPENCER DAYTON, of Philippi, represents the third generation of a family that has been distinguished in the bench and bar of Virginia and West Virginia for over eighty years. He is the only son and child of the late Judge Alston G. Dayton, to whom a separate article is dedicated in this publication. The son is one of the younger members of the bar, but took to his professional work fine talents and an unusually broad and liberal edu- cation, and already stands in the front rank of West Vir- ginia lawyers.

He was born at Philippi, March 6, 1887. When he was about eight years of age his father removed to Washing- ton to take up his congressional duties, and the son re- ceived most of his early education in the schools of Wash- ington. Subsequently he entered West Virginia University, graduating A. B. in 1907, began the study of law there, and the following year graduated with the in cursa de- gree LL. B. His work in the university of his home state was supplemented by graduate study in Yale University, where he received the Master of Arts degree in 1909. Mr. Dayton was admitted to practice in the Supreme Court of West Virginia, June 3, 1908. Though only twenty- one years of age, he had covered a remarkably wide field of research and scholarship, but his admission to the bar did not mark the end of his student career. He has found it as necessary to go to court with his lessons prepared as when he went to his classes, and among his contempo- raries he is distinguished as much for his diligence as a student as the varied resources he is able to bring forth at demand in solving the problems and intricacies of litiga- tion. He has been admitted to practice in all the higher courts in the state and the Federal courts. For the first two years he was a member of the law firm of Blue and Dayton at Philippi, and since then he has been alone in practice and has found his tine more and more taken up with great bulk of cases that represent some of the most important in the state.

Mr. Dayton is also known for his substantial contribu- tions to the literature of law. Several of his articles have been published in the Standard Encyclopedia of Procedure, published by L. D. Powell and Company. These articles include treatises on Certiorari, Dismissal, Continuance and Nonsuit. All branches of the law have been included in his practice, and if there is a tendency at all toward spe- cialization it is toward the litigation in which corporations are involved. He has exhibited especially the qualities of thoroughness and accuracy, has a wonderful grasp of legal principles, and his integrity is universally conceded. Among numerous professional connections he is attorney for two of the three banks of Philippi, for the Baltimore and Ohio and Western Maryland Railroad. Mr. Dayton was accepted and approved for army service abroad in the World war as first lieutenant, and was scheduled for sailing when the armistice was signed.

For a dozen years he has been active in republican po itics, has been a spokesman of his county in the state re publican conventions, was an alternate to the Nationa Convention in 1912 and was chairman of the Second Dis trict Congressional Convention of 1916. Fraternally he i a Lodge and Chapter Mason, has done the work of th Subordinate and Encampment degrees in the Independer Order of Odd Fellows, is a member of the. Delta Tau Delt and the Phi Alpha Delta legal fraternity, and belongs t the DuQuesne Club and the University Club of Pittsburgh He is an elder of the Presbyterian Church of Philippi.

On June 14, 1916, Mr. Dayton married Miss Ruth Wood Her father, Hon. Samuel V. Woods, was one of the lead ing lawyers of the West Virginia bar, and also a succes; ful business man and financier. Mrs. Dayton was born i Barbour County and finished her education in Nation: Park Seminary at Washington, District of Columbia.

FRANK G. BURDETT, whose experience has covered the in portant field of teaching, farming, civil engineering an building contracting, has been a resident of Charleston sind November, 1890. In October, 1909, he was appointe county road engineer, and has been in continuous servic from that date to the present. Every mile of modern hig]. way in Kanawha County has been built since he came int this office. He has supervised and handled the technic; problems involved in a large part of the improvements which have already gone far toward giving this county a syster of high class roadways.

Mr. Burdett was born in Fayette County, West Virgini: September 14. 1856, son of David Clarkson and Susa (Byern) Burdett, and moved to Roane County with hi parents. The old homestead where he was reared was c the line between Roane and Jackson counties. His fathe was a farmer all his life and died at the age of sevent: three. Frank G. Burdett remained on the farm until he wa past thirty-two years of age. He acquired a good educ: tion, and from the age of nineteen to thirty he taug! school in the rural district. At the same time he did farn ing, and early took up the work of land surveying. Fro this he broadened out into contracting and building, and 1890 located in Charleston, where many residences of t] city attest his skill and handiwork. Mr. Burdett continue, active in this business until October, 1909, when the Count Court appointed him county road engineer, and he has bee in that office continuously. It was in 1913 that the fir stretch of three miles of improved highway was constructe; from Charleston north towards Sissonville. . This was : asphalt concrete road. At the present time Kanawl, County has about sixty-four miles of hard surface road, wit extensions being made every year. This was done by co tract and some by the county. Mr. Burdett has looked aft the technical details, and has supervised the building + many county bridges.

Mr. Burdett is a republican, and has been active in tl party through every campaign since he became of age. F married Maude C. Swaar, who died in 1892, and later 1 married her sister, Elizabeth Swaar, both of Kanawl County. All of his children are of his first marriage, N C., Tom S. and Susie S. Nat is a graduate of West Virgin University and is an attorney and coal producer living Morgantown. Tom S. received his education at West Vi ginia University, and is a civil engineer at Charlesto Susie S. died in infancy. The son Nat married Margar Davis, of Morgantown, and they have a son, Bobby.

OKEY JOHNSON HILL, now in his second term as Ci cuit Court clerk of Tyler County, is a man of versati gifts and attainments. He has taught school, has been successful lawyer and merchant, and is also a practic farmer and stock raiser. In referring in this brief intr ductory way to his place in the affairs of Tyler Coun: it is appropriate to notice also that Mrs. Hill is depu Circuit Court clerk, a unique honor, since she is the on woman in the state to fill such a position.

Okey Johnson Hill was born on McKim Creek in the Mea District of Tyler County, June 27, 1872. His grandfather Thomas Hill, was a native of Pennsylvania, and as

JulyBurdett

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oung man moved to Marion County, West Virginia, and hortly after his marriage settled on McKim Creek, where e spent the rest of his life as a farmer. He married Miss Margaret Cooper, who also died at the old homestead n McKim Creek. The farm they owned there was the irthplace of Israel Nicholson Hill, who was born Novem- er 26, 1840, and in his mature years owned and farmed he homestead and lived there all the days of his useful nd honorable life. He died December 1, 1916. He voted s a republican and was always attentive to his duties as member of the United Brethren Church. During the Civil war he served as a member of the Home Guards. srael N. Hill married Elizabeth MeCullongh, who was orn in Greene County, Pennsylvania, November 3, 1841, nd now at the age of four score is still living on the home arm. She came when thirteen years of age with her arents to Pleasants County, West Virginia. The children orn to her marriage were ten in number: George W., a merchant and later a farmer, who died in Wood County, Vest Virginia, September 29, 1910, aged forty-eight; Lan- ora, living on her farm on Sancho Creek in Tyler County, ridow of Lloyd Davis; Horace Greeley, head carpenter in large furniture establishment at Detroit, Michigan; John Taylor, a farmer three miles from Parkersburg in Wood County; Okey Johnson; Ida Lorene, wife of Charles Shutt, farmer in Crawford County, Ohio; James Daniel, an mploye of the Hope Natural Gas Company at Clarksburg n Harrison County; Oliver, an employe of the Oklahoma Natural Gas Company, living at Warwick, that state; Miss ttie and Miss Florida, both on the home farm with their other.

Okey Johnson Hill stayed with the farm long enough o learn its practical duties, and all his life has had more r less active connection with agricultural matters. He ttended the rural schools, took normal training in Tyler nd Ritchie counties, and at the age of seventeen was ap- ointed to his first responsibility as a teacher in the Brush 'un School of Meade District. He remained in Meade District eight terms, and for one term taught in Center istrict. In 1898 Mr. Hill became a merchant on MeKim reek, and sold goods there until June, 1903. For nearly wo terms he had served as justice of the peace, and while 1 that office he diligently studied law. Because of this arly preparation he was able to complete his law course nd graduate LL. B. from the West Virginia University law School in 1904, having entered the school September 2, 1903. Mr. Hill was admitted to the bar December 8, 904, and for a year or so practiced in Middlebourne. In 906 he moved to Friendly, Tyler County, and was a mer- hant there six or seven years. On March 14, 1913, he aturned to Middlebourne to resume his law practice, but 1 November of that year was by popular election called › his present duties as Circuit Court clerk. He began his rst term of six years in January, 1915, and in November, 920, was re-elected for a second six-year term. Besides eing clerk he is also commissioner in chancery of the yler County Circuit Court.

Mr. Hill is a director of the Bank of Middlebourne and cretary of the Tyler County Farm Bureau, his eligibility this office resting upon his ownership of 400 acres of arming land in Tyler and Ritchie counties. He does gen- al farming and raises some blooded Polled Angus cattle. is home is a modern residence in Middlebourne. Mr. ill is a republican, is a member of the Baptist Church, id is now serving his fourth consecutive term as president : the Tyler County Sunday School Association. He is a ustee of his church. Fraternally he is affiliated with ebron Lodge No. 111, F. and A. M., in Pleasants County, ith Sistersville Chapter No. 27, R. A. M., Mountain State ommandery No. 14, K. T., and he and Mrs. Hill are embers of Friendly Chapter of the Eastern Star. He is past grand of Friendly Lodge No. 350, Independent rder of Odd Fellows, past chancellor of Middlebourne odge No. 86, Knights of Pythias, and also belongs to the nproved Order of Red Men, Junior Order United echanics, Order of Owls, and is a member of the West irginia Bar Association. During the war he assumed a

personal share in the responsibilities for keeping Tyler County well represented in all the war causes. He gave much time to filling out questionnaires for reernits, and for this work received an honorary discharge from the Govern- ment, and also delivered a number of speechies in behalf of Liberty Loans throughout the county.

On January 15, 1898, in Ritchie County, Mr. Hill mar- ried Miss Zanie Alice Corbin, who was born at Highland in that county, was reared there and acquired a common school education. She is a member of the Baptist Church, and in addition to looking after her home and children is performing her duties as Deputy Circuit Court Clerk.

Her father, Joseph Corbin, was born near Highland in Ritchie County, November 4, 1843, and was a leading farmer in that section until he retired in 1914, while living at Belmont in Pleasants County. He was a democrat, a member of the Baptist Church and the Masonic fraternity. Mr. Corbin married Julina Hogne, who was born at Beech Grove on Bond's Creek in Ritchie County in 1845, and died at her home near Highland in 1887. The children of Mr. and Mrs. Corbin were: Olive, wife of William Boggess, a farmer on Bond Creek; Alonzo Taylor, an oil contractor at Muskogee, Oklahoma; Mrs. Hill; Floyd Haymond, fore- man in the oil field of the Ranger District in Texas; Sarah Rebecca, wife of Morris Morgan, an oil well contractor of Muskogee, Oklahoma; Lillian, wife of Samuel Campbell, a traveling salesman living at St. Mary's in Pleasants County; Howard, an oil well contractor at Muskogee.

Mr. and Mrs. Hill have an interesting family of six children. The oldest, Mckinley Tennyson, born February 18, 1899, is specializing in agriculture at West Virginia University, and on September 18, 1918, was enrolled in the Students Army Training Corps at Buckhannon, serving until the armistice. He is a graduate of the Tyler County High School at Middlebourne. The second son, Franklin Herman, born March 26, 1901, is also a graduate of the County High School, and is now specializing in mechanical engineering at Virginia University. Edith Marion, born February 18, 1903, is a graduate of the County Higli School in the literary and normal courses, and is a teacher in the Emerson School at Monongah in Marion County. The three youngest children of Mr. and Mrs. Hill are Zelma Rebecca, born September 18, 1904, in the sophomore class of the County High School; Thelma, born September 8, 1911; and Ada Esther, born December 12, 1913.

LEONIDAS W. BARTLETT became widely known for his business and commercial interests at Buckhannon before he was appointed postmaster of that city. He is now in his second term, a very capable and efficient administrator of the office, and a popular citizen as well.

Mr. Bartlett was born at Webster in Taylor County, West Virginia, June 21, 1859, son of Dr. T. Bailey and Rhoda A. (Hudkins) Bartlett. His parents were also born, reared and educated in Taylor County. Doctor Bart- lett served four years in the Confederate Army. After the war he returned to his family, completed his course in medicine, and then located in Harrison County, where he practiced for some years. Later he bought a farm in Lewis County. He was a member of the Baptist Church, and was affiliated with the Masonic Lodge at Lynchburg, Virginia. Of his five children four are living: Dora D., wife of John W. Linger, of Lewis County; Hannah R., widow of L. A. Linger; Camdena, wife of Leonidas A. Wet- sel, of Clarksburg; Florence, deceased; and Leonidas W.

Leonidas W. Bartlett was reared in Harrison County, attended the common schools, and for a time was in the mercantile business at Buckhannon. From 1886 for a period of nineteen years he was a traveling salesman, and during that time he built up a large acquaintance all over the state. Mr. Bartlett has been a prominent leader in the democratic party, and has been a member of both the county and state committees. On July 1, 1914, Presi- dent Wilson appointed him postmaster of Buckhannon, and he was reappointed November 21, 1918.

In April, 1888, Mr. Bartlett married Miss Anna Vir- ginia Latham. Mrs. Bartlett is a daughter of the distin-

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guished Col. George R. Latham, member of an old Vir- ginia family. Colonel Latham was born on the Bull Run battlefield in Virginia, March 9, 1832, and at the age of seventeen accompanied his parents to Taylor County, West Virginia. Largely by his own efforts he acquired a liberal education, and taught school for a number of years before the war. In 1859 he was admitted to the bar, and opened the first law office at Grafton. He published a paper there during the campaign of 1860 in behalf of the Bell Everett ticket. At the beginning of the Civil war he immediately announced his Unionism, recruited a company, and took it to Wheeling, where it was mustered in as Com- pany B of the Second Virginia Infantry. With this com- pany he participated in the early campaigns in West Virginia. In the fall of 1864 he was elected a member of the Thirty-ninth Congress, serving from March 4, 1865, to March 4, 1867. On account of ill health he refused a renomination. From 1867 to 1870 he was at Melbourne, Australia, as United States consul, and in 1875 was elected superintendent of public schools of Upshur County.

Mr. and Mrs. Bartlett's only living child, Edna L., is a graduate of Wesleyan College of Buckhannon. Their son Frank attended a military academy and at the age of eighteen volunteered for service in the infantry, and while a sergeant was killed in the battle of Belleau Wood in France.

Mr. Bartlett is affiliated with Franklin Lodge No. 7, F. and A. M., Upshur Chapter No. 34, R. A. M., of which he is a past high priest, and is treasurer of the Knight Templar Commandery. He is one of the directors of the Peoples Bank of Buckhannon, and has some valuable real estate holdings both in Buckhannon and in Maryland. He and his family are members of the Baptist Church.

HON. WILLIAM SMITH O'BRIEN, former circuit judge of the circuit composed of Webster and Upshur counties, has been one of the prominent lawyers of Buckhannon for thirty years. He is an editor and publisher, and at all times exerts a forceful influence in politics and in com- munity affairs.

Judge O'Brien was born in Barbour County, West Vir- ginia, January 8, 1862, and is a son of Emmet J. and Martha Ann (Hall) O'Brien. The paternal family runs back into Irish history for many generations, and with distinguished connections, including the famous Robert Emmet. The grandfather of Judge O'Brien was Daniel O'Brien, who was born in County Clare, Ireland, in 1774 and came to America in 1796. In 1804 he moved to West Virginia from Baltimore, and became a merchant at Beverly. He died in 1844. In 1815 he married Hannah Norris, daughter of Capt. John and Mary (Jones) Nor- ris, of Lewis County. She was a relative of Gen. George Washington, connceted through the Jones and Ball fam- ilies. She died in Upshur County in 1880. The Norris and Jones families were from Fauquier County, Virginia, and were of English descent.

Emmet J. O'Brien, father of Judge O'Brien, was born at Beverly, and though he had only the advantages of the common schools he excelled in mathematics, particularly in geometry and surveying. He learned the trade of stone cutter and mason, became a bridge building contractor, and with his brother Daniel they constructed the abutments of the bridge across the Tygart's Valley at Philippi, West Virginia. He was a member of the first Constitutional Convention of West Virginia, and in 1867-68 represented the Sixth District in the State Senate. Before the War of the Rebellion he was commissioned a brigadier general of the militia by Governor Wise of Virginia. He was offered a commission in the Confederate Army, but refused be- cause his sympathies were with the Union. He died in 1888, near Weston. General O'Brien married Martha Ann Vandervort, widow of Joseph Vandervort. She was a daughter of Jonathan and Elizabeth (Reger) Hall, and was born and reared on Big Skin Creek, Lewis County, West Virginia. Her great-grandfather, Jacob Reger, was of German descent, and settled on the Buckhannon River, near Volga, Barbour County, about 1776. Her paternal

ancestor, Joseph Hall, father of Jonathan Hall, was born in England, and was a pioneer settler in the Reger settle- ment. His wife was Ann Hitt, a French Huguenot from North Carolina, who was married first to a Mr. Martin and then to William Strange, who was lost in the forest. His body was afterward found near the head waters of what is known as Strange Creek, Braxton County, West Vir- ginia. She next married Joseph Hall.

The other children of General O'Brien and wife were: Alonzo Lee, who was a graduate of West Point Military Academy and was a lieutenant in the Regular Army at the time of his death; Daniel U., who attended West Virginia University, was prominent in the Cadet Corps at the Uni- versity, served as captain in the Spanish-American war, and is now a farmer and stock dealer in Gilmer County; Mary Lillian, deceased wife of the late William M. Arnold, of Ravenswood, West Virginia.

William Smith O'Brien was a child when his parents moved from Barbour County to Weston in Lewis County, where he was reared on a farm. He did the work of the farm, was employed in brick yards, attended public schools and West Virginia University, and taught for about ten years in Lewis County. While teaching he studied law, his chief instructor being Judge John Brannon, of Weston, one of the ablest lawyers of the state. He graduated from the law department of West Virginia University in 1891. and the following year began practice at Buckhannon. For several years he was junior partner with Hon. William D. Talbot, until his death in 1907.

In 1912 Judge O'Brien was elected judge of the Twelfth Judicial Circuit, composed of the counties of Webster and Upshur. Early in his term what is known as "The West Virginia Bribery Cases" were removed from the Kanawha Circuit Court to Webster County for trial. Five members of the Legislature stood indicted for bartering their votes for money in the election of a United States senator. Judge O'Brien presided over the lengthy trials. They were convicted and sentenced to serve terms in the penitentiary. The Supreme Court of Appeals refused appeals.

The Upshur-Webster Circuit was heavily republican, but the campaign was in a sense non-partisan. In 1920 the state was redistricted, and Randolph and Upshur were joined. The circuit was republican, and Judge O'Brien went down in the landslide, but reduced his opponente' majority very materially. After retiring from the bench he formed a partnership with Jerome V. Hall, and under the firm name of O'Brien and Hall he again entered into the active practice of the law. He is also editor and man- ager of the Upshur Record, a democratic weekly newspaper published in Buckhannon. Judge O'Brien has been active in business and community affairs. He was one of the promoters and organizers of the Peoples Bank of West Virginia, one of the leading banking institutions of the city, and was one of its directors for many years. He is a member and trustee of the First Methodist Episcopal Church of Buckhannon. He was president of the County Sunday School Association for many years, and teacher of the "O'Brien" Sunday School Class for nearly twenty- five years.

He is a past chancellor of Buckhannon Lodge No. 54, Knights of Pythias; is affiliated with Franklin Lodge No. 7, A. F. and A. M .; Upshur Chapter No. 34, R. A. M .; and Buckhannon Commandery No. 24, Knights Templar.

He was commissioned captain of Company B, Second Regiment of the State Guards. During the World war he served as chairman of the Legal Advisory Board for Upshur County, and was active in every war movement as opportunity afforded. In politics he affiliates with the democratic party.

On October 14, 1896, Judge O'Brien married Miss Emma White, daughter of Alexander P. and Mary White, of Camden, Lewis County. Mr. White is a first cousin of Stonewall Jackson. Mrs. O'Brien was educated in the common schools and in Broaddus College. Judge and Mrs. O'Brien have four children: Perry Emmet, born August 2, 1898, a graduate of West Virginia Wesleyan College; Daniel Pitt, born August 31, 1900; Mary Martha, born

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November 30, 1902, and William Talbot, born August 29, 1904, who are now students in West Virginia Wesleyan College.

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History of West Virginia old and new, Volume 3, Part 134

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