300 - BENCH AND BAR OF OHIO


had decided on the law profession for his life work and occupied his leisure hours while teaching in the study of law privately and under the instruction of the late Judge Hanna, of McConnellsville. In the meantime the civil war broke out, and his sense of duty to his country impelled him to sacrifice per sonal ends for his country's welfare. He enlisted in Company C, 122d Ohio Volunteer Infantry, August 16, 1862, at Zanesville, for three years or during the war. While in camp at Zanesville, before going to the front, he passed examination before the Circuit Court and was admitted to the Bar to practice in the courts of the State. After a few months' service in the Shenandoah Valley of Virginia his regiment was attached to the Army of the Potomac, and was with it to the end of the war. Mr. Power entered the ranks as a private, was promoted to first sergeant, commissioned first lieutenant June 27, 1864, and captain December 7 of the same year. He, with his regiment, participated in Grant's Virginia campaign, and was in the engagements at Front Royal, the two weeks' fighting in the Wilderness, Spottsylyania Court House, Cold Harbor, Bermuda Hundred, Petersburg and the Monocacy and the wind up at Sailor Creek and Five Forks. He was mustered out of the service after taking part in the grand review at Washington in July, 1865, at Columbus, Ohio. Returning to his home in Morgansville, in Morgan county, he soon after began the practice of his profession at McConnellsville, in partnership with Colonel William II. Ball, who in later years became one of the most prominent attorneys at Zanesville, and for several years judge of the Court of Common Pleas of Muskingum county. Mr. Power was the inventor and patentee of an elliptic spring for use in railway cars and road vehicles. The law firm of Ball & Power was dissolved after several years' duration to permit Mr. Power to give his attention to the manufacture of this spring, a company having been organized for that purpose. The spring came into general use on railroad cars, and there was a time when Mr. Power could have sold out his interests in the business and patent to great pecuniary advantage. The manufacturing business proved disastrous in the end, on account of the J. Cook & Co.'s failure, which caused the worst financial disasters in manufacturing in the history of our country, and he lost both his investment and time given to the business. After the failure of this venture he returned to McConnellsville and resumed the practice of law alone, continuing there for several years, when he removed to Zanesville, forming a partnership with Judge W. A. Brown, of that city. This association continued until Mr. Power removed to Dresden, in 1874. He resided there, practicing his profession for six years, and during that time built up a large practice. In 1880 he was elected prosecuting attorney of Muskingum county, and was re-elected a second term in 1884. Accepting the office of prosecutor made it necessary to remoye to Zanesville, and at the close of his official term he continued to practice in that city, in partnership with Mr. II. F. Achener, which continued for about two years, when the firm was dissolyed and a partnership was formed with his son, Edwin E. Power, under firm name of Power & Power, which remained in effect until the death of the senior member of the firm.


BENCH AND BAR OF' OHIO - 301


Mr. Power was a typical representative of the self-made men of the country. He had no education until he himself realized the necessity for it, and then it was obtained entirely by his own efforts. He achieved distinction in the military service, and rose. to a prominent position in his profession by virtue of his own indomitable will, perseverance and force of character. Asa lawyer he achieved the greatest success in criminal practice, though he made no claim of being a specialist in this line of business. He was the author of the system under which the Zanesville work house is operated, which has proved so beneficial that it has been duplicated by many other towns and in other States. He was a prominent factor in bringing about the erection of the beautiful Memorial Building in Zanesville, by Muskingum county, for the benefit of the soldiers and sailors of the volunteer army of 1861-5. Mr. Power was a member of the Democratic party, of which he was a leader for many years in the community where he resided. While active in party management, he never sought preferment for himself, the only office he ever accepted being in the line of his profession. He was a member of the I. 0. 0. F. and the G. A. R., He affiliated with the Christian Church, of which he was an honored member. He was married in 1860 to Miss Aurelia M. Scott, daughter of Alvin and Melissa Scott, of McConnellsville. They had five sons, of whom Edwin E. was the eldest. Mr. Power was recognized as a useful citizen and was highly esteemed. Said a prominent attorney of Zanesville:


" B. F. Power was one of our successful lawyers, though as a jurist he did not rank in the highest class. His greatest ability was as an advocate and trial lawyer. He was a man who had excellent command of himself on his feet, and his ability to state before a jury all he knew about a case in the strongest form was remarkable. In some respects he was a brilliant man-, but was not particularly fond of study or office details of the profession. I do not wish to be understood as implying that he was disinclined to work ; he was an industrious man. His mind was too active to contentedly dwell on abstract questions of law. The active part of the practice suited him better, and he was also better adapted by nature for the trial and argument of cases. He had a very receptive mind, quick perception, and an extensive vocabulary—qualifications that fitted him well for a trial lawyer. His reputation as a criminal lawyer was high, and as an office lawyer he was above the average. He was a man of great versatility, and would have been successful in business had he devoted himself to that instead of a profession. His military record was excellent. He was a brave soldier, and arose to a command because of conspicuous gallantry on many fields of battle. He was a useful citizen, and had the esteem of the public of the community as well as of the profession."


Edwin E. Power, successor to Power & Power, is a native of Morgan county, and his literary education was obtained largely in the public schools of Zanesville. He graduated from the high school of that city, after which he took a course in the Ohio University, at Columbus. In 1889 he took up the study of law in his father's office, and in 1892 was admitted to the Bar by the Supreme Court. He at once entered on the practice of his profession, in partnership with his father, and has ever since been in active practice alone, since his father's death. He had the prestige of an established business, and is


302 - BENCH AND BAR OF OHIO


maintaining himself well in the practice of law. He is a member of the order of Red Men and of the Masonic order. In politics he is a Democrat, and is quite active in local party management ; was chairman of the county central committee for the year 1895. He is studious and upright, and has the respect of the profession, and of the public wherever he is known.



JAMES M. THOMAS, Chillicothe. James Milton Thomas is a native of Ross county, the son of Archibald and Mary Norris Thomas, born April 24, 1858. He is a descendant of Samuel Thomas who emigrated to America in 1620 as one of the Mayflower's sturdy passengers and settled in New England. His grandfather, Samuel Thomas, and grandmother, Jane Payne, were both natives of Maryland who married and lived in Virginia until 1818, when they moved to Ohio and Iocate a homestead in this part of Ross county which is now included in Pickaway. The locality was known as the Deer Creek settle, ment. That homestead scattered three generations of the family, two of whom, the father, who was born in Virginia in 1814, and grandfather of our subject, died there. Both the Paynes and Thomases are of Welsh descent. Archibald Thomas was the only son of Samuel Thomas and Jane Payne, but had three sisters. He was highly respected in the community and lived until 1888. He was married twice, the first time to Miss Sarah Ater, by whom he had two children: William A., who is a citizen of Pickaway county, and Mary A., Wife of John J. Junk, of Judsonia, Arkansas. His second wife was Mary E. Norris daughter of Leonard and Dorothy Shepard Norris, who were likewise natives of Maryland. Her grandfather, Arnold Norris, was an officer of the Revolutionary army, in which other relatives also rendered valiant seryice. James Milton was the sixth of nine children born to Archibald Thomas and Mary E. Norris, his second wife. He sprang from patriotic and puritan ancestors,• .brave and reliable in the military service of the country and true to their convictions in the civil service. He worked on the farm and attended the district school until he was seventeen years of age, having qualified himself for teaching in the meantime. For three years thereafter he engaged in teaching and in 1879 entered Ohio Wesleyan University, at Delaware, with a view to completing his scholastic education. He did not remain tor the full course, but resumed teaching at Clarksburg and at the same time pursued the study of law in its preliminary stages. Afterwards he continued his legal studies in the office of Judge William H. Safford, until his admission to the Bar in June, 1884, and then immediately entered upon the practice in Chillicothe. Having a good knowledge of the principles of law, a general acquaintance in the community and the full confidence of the public, as well as his colleagues at the Bar, he soon built up a profitable practice, which continued to increase until 1893, when he was elected Judge of Probate. Judge Thomas is an active member of the Republican party, whose candidate he was for mayor in 1885. The Democratic majority was too great to be overcome, but he succeeded in


BENCH AND BAR OF OHIO - 303


reducing it about one-half. He was married October 18, 1887, to Miss Flora E. Wayland, whose father is a merchant of Chillicothe. Four children are the offspring of this marriage : William A., Julia E., Lulu W. and Virginia E. His membership with that of his family is in the First Presbyterian Church of Chillicothe. The only fraternity or benevolent society to which he belongs is the Order of Elks and in this he is prominent.. The opinions of prominent associates of the Bar may be accepted as the basis of a correct estimate of his qualities and characteristics. One says:


"Judge Thomas is universally popular, is genial, social and very approachable. Although a young man he has been very successful ; is very thorough in whatever he undertakes and is more concerned about doing his duty than to secure fame. He stands very high socially. He had a fine office practice and a large business in settling up estates ; his advice was sought and trusted by all."


A judge of high reputation says:


"Judge Thomas is a man of good education and fine intellect—a solid man ; not particularly brilliant, but a sound, safe man of good judgment ; a safe counsellor who stands as well as any young man at this Bar. He is universally popular; has a good legal mind, well versed in the principles of the law ; is a yery good trial attorney, quick to discern the strong points in his case and careful to avoid those that endanger it ; is a fine commercial lawyer, but is more than a commercial lawyer—a universal lawyer is more appropriate. He is a pleasant speaker, has a ready use of language and a nice discrimination of points. In his present position he is rendering great satisfaction; is upright and thoroughly honest, and his judgments are usually satisfactory."


ANDREW R. BOLIN, Circleville. Honorable A. R. Bolin, a native of the city in which he resides, was born in January, 1849. His parents were John P. and Mary A. (Brannon) Bolin, the former of French and the latter of Irish descent, and both natiyes of Martinsburg, West Virginia. Mr. Bolin's paternal grandfather came to America from France in the early part of the present century and lost his life in defense of his adopted country during the War of 1812. He died at Norfolk, Virginia. At that time the family name was spelled Boleyn, but the succeeding generation dropped the "y " and eventually adopted the present mode of spelling the name. John P. Bolin, the father of our subject, married and came to Ohio in 1834, settling first in Jackson township, but later remoyed to Circleyille, where he engaged in contracting and building, but spent the later years of his life at Harrisburg, Franklin county, in the vocation of a hotel keeper. Andrew was the youngest in a family of seyen children ; his preliminary education was in the public schools of his native town, but at the early age of twelve years he was thrown on his own resources. Young as he was he appreciated the value of an education and bent all of his slender resources in that direction. At the age of seventeen he had completed the course in the Circleville public schools, then followed teaching and other avocations by which he could earn an honest penny. In 1867


304 - BENCH AND BAR OF OHIO.


he entered Miami University at Oxford, Ohio, and was graduated from that institution four years later with the degree of Bachelor of Arts, receiving the honors of his class. At a later period the faculty conferred upon him the degree of Master of Arts. Mr. Bolin had chosen the law profession for a life work and immediately after leaving college took up legal studies which he pursued for about one year, first with Judge Olds, now of Columbus, and later with Henry F. Page, a leading member of the Circleville Bar, now deceased. In 1872 he entered the Law Department of the Cincinnati College, from which he was graduated the next year with the degree of Bachelor of Laws. He was admitted to the Bar in the same year and at once entered upon the practice of his profession at Circleville among the friends of his youth by whom he was honored and respected for the gallant up-hill fight he had made to get a start in life. His natural ability, fine attainments, and industry soon brought him into prominence in his profession and obtained for himself a clientage that extended far beyond the usual boundaries of the Pickaway county Bar. He has taken an active part on one side or the other in most of the important litigations that originated in his county during the past twenty years. A few of the cases in which he took a leading part that attracted widespread attention was the " Thomas Brown Will Case," involving some $300,000 worth of property in which he succeeded in his contentions for sustaining the will. Another will case that was important in which he was one of the counsel was the McArthur case, in which on the different sides of the case were engaged many of the most eminent lawyers of the State. One of the most hotly contested cases ever tried in Pickaway county was what was known as the Bond-Renick Contract case. Mr. Bolin was one of the leading counsel for the plaintiff, assisted by Job E. Stevenson, A. J. Cunningham and J. K. Love, of Cincinnati. The trial occupied six weeks and cost nearly $25,000. The defendants won, but the verdict was set aside and a new trial granted, and finally the case was compromised. He has also established more than a local reputation as a criminal lawyer, and in that capacity is often called to practice in outside districts. He in recent years defended four murder cases, that of the State of Ohio vs. Bechtel ; State vs. Newlen ; the State vs. Shaw, and the last one the State of Ohio vs. Josephine Purcell, which was tried in July, 1896. In every case he obtained a verdict of acquit. tal except the first one, Bechtel. He received a penitentiary sentence. He is known as a working attorney, and never slights the drudgery of the profession. He prepares his cases thoroughly and tries them on their merits. He sticks close to his practice and has never held office or engaged in any outside business that took his attention from his professional work except as a member of the general assembly of Ohio. One of his senior colleagues of the Circleville Bar, in referring to the professional side of his life, observed :


" Mr.. Bolin is a good all around lawyer and has made himself from the start without the aid of money or influential friends. He arose in his profession by virtue of hard work and natural ability. He is very unassuming in his manner and is affable and courteous in his bearing towards his fellow men


BENCH AND BAR OF OHIO - 305


whether he meets them at his home, in public places or in the court room. He has al ways been a close student., but not confined himself to his law books ; his readings have covered a wide range of subjects and this no doubt has contributed in a large measure to his success as a trial lawyer and a public speaker. He has a logical mind and is able to clothe his thoughts in clear, concise and forcible language, and in the trial of important cases, or on the platform, under the spur of deep feeling his addresses are often truly eloquent. Any man who is gentlemanly in his deportment is apt to be graceful in bearing, and Mr. Bolin is no exception to the rule. He is a man of keen perceptions and always ready to take any fair advantage, but never stoops to trickery, or anything that could be construed as unprofessional. As a lawyer he stands high and as a citizen he has the respect and esteem of the entire community. In his political affiliations he is Democratic, and takes an active interest in advancing its principles, both with his ballot and on the public rostrum. As a campaign orator he has quite a reputation, often being called into border States to talk for his party."


In 1880 he was a candidate for presidential elector on the Hancock ticket, and in 1888 he was the nominee of his party, in this congressional district, but as it had at that time a nominal Republican majority of .4,000 he was not elected ; but his popularity was such that he reduced this by nearly 1,500 votes. He is prominent in Masonic circles, is Past Master of the Blue Lodge, High Priest of the Chapter and Eminent Commander of the Scioto Commandery Knights Templar of Circleville, a thirty-second degree Mason and a Shriner, and has been a delegate to the grand bodies. Mr. Bolin was married April 8, 1875, to Miss Sophronia Rector, daughter of Edward and Sophronia Rector, one of the oldest and most prominent families of Pickaway county. They haye two children living : Stuart R. and Mabel E. Bolin.




VIRGIL P. KLINE, Cleveland. Virgil P. Kline was born at Congress, Wayne county, Ohio, on November 3, 1844. When a small boy his parents moved to Conneaut, Ashtabula county, Ohio, where he attended the common schools. He was prepared for college in the Eclectic Institute at Hiram, entered Williams College in 1864, and was graduated in 1866. After graduation he was superintendent of public schools at Cuyahoga Falls, Ohio, for two years. In 1869 he moved to Cleveland and began the study of law in the office of Albert T. Slade, and was admitted to the Bar in 1870. He immediately formed a partnership with his preceptor, under the firm of Slade & Kline, which lasted until the death of Mr. Slade in 1874. He then joined in partnership with John M. Henderson, under the firm name of Henderson & Kline. This firm continued until 1882, when S. H. Tolles entered the partnership, and it then became Henderson, Kline & Tolles, and so continued until January 1, 1895, when Mr. Henderson withdrew from the partnership. From January 1, 1895, to January 1, 1896, the firm was Kline & Tolles, when another partnership was formed with W. F. Carr and F. II. Goff, the name of the firm then becoming Kline, Carr, Tolles & Goff, and has since so continued.


306 - BENCH AND BAR OF OHIO.


Mr. Kline is a lawyer of fine ability, holding the front rank in his profession. No lawyer in the State is a more ready and powerful advocate, or a more industrious student of his cases, or in a higher degree commands the confidence of courts. He has an unusual talent for effective work and a recognized genius for quick and comprehensive perception and safe judgment. His clientage is made up of all classes, rich and poor. Mr. Kline has always been a Democrat in politics and in social life. Democracy is part of his nature. In the application of civil government to the affairs of men, he sees and advocates democracy as the best means by which to establish equality in accordance with justice. He has frequently been placed in nomination by his party for judicial office, for Common Pleas, Circuit Court and Supreme Court judgeships, and, although always running ahead of his ticket, he has never been elected, because when on the ticket his party has always been in the minority. For many years he has taken a prominent part in the counsels and campaigns of his party. Whether at the Bar, in politics, or on general subjects, upon which he is often invited to deliver addresses, his speeches are distinguished by clearness of thought and impressiveness of delivery, by learning and brilliancy. As a man, Mr. Kline occupies a prominent station among his fellow men. Of remarkable strength of character and of unquestioned integrity, generous in disposition and a hater of shams, his actions always inspired by lofty purpose, no man at the Bar or as a citizen has greater influence in the community in which he lives.


JAMES M. COFFINBERRY, Cleveland. The late James M. Coffinberry was born May 16, 1818, in Mansfield, Ohio. He came naturally by a strong intellect and a logical cast of mind, having inherited from his father a decided predisposition for the law and ability of a special nature. His grandfather was one of the very first settlers of Mansfield, and his father, Andrew Coffinberry, was a man of strong character and rare mental gifts, and was distinguished as a lawyer and pleader throughout northwestern Ohio. He was admitted to the Bar in 1813 and rode the circuit in the early days, and was in active practice for over forty years, and until within a short time of his death, which occurred in 1856. He was greatly respected for his exemplary habits and purity of thought, and he readily made friends through his affable and courteous manners and his keen ready wit, which never caused a sting except to him who really deserved it. He was known familiarly by his brother lawyers, particularly the younger portion of them, as " the good Count Coffinberry," and usually behind his back, and often to his face, was called " Count." So persistently was the term used throughout the country that many supposed " Count" to have been his first or Christian name. Many stories are told of the origin of this nick-name, but the most plausible one is that some one called him "Count " because of his courtly manners ; everybody at once saw its applicability, and in consequence the name staid with him. Andrew Coffin-


BENCH AND BAR OF OHIO - 307


berry was a poet of considerable ability and had an extended reputation as such in his portion of the State. In 1840 he wrote an extended poem of very considerable merit in seven cantos entitled " The Forest Rangers." It is a vivid and stirring story of the march of General Wagner's army against the Indians in 1749, and his final victory over them. James M. Coffinberry attended the common schools of Mansfield, and all his early education was obtained at them. He then studied law with his father who had moved to Perrysburg, in Wood county, gaining practical experience in the practice of the law while still a student by rendering assistance to his father, under advice. In 1841 he was admitted to practice and was at once taken into partnership by his father, opening an office at Maumee city, at that time the county seat of Lucas county. Young Coffinberry's ability and the excellence of his training soon brought him into prominence at the Bar, which in those days meant prominence in politics. He was elected prosecuting attorney for the county and was re-elected for a second term. In 1845 he removed to Findlay, where he remained for a period of, about ten years practicing his profession with marked success and taking a leading position among his associates. Although he took no part in politics as a candidate for office, he had much to do with forming public opinion and wielded much influence in political affairs. This power he exercised as editor and proprietor of the Findlay Herald, a Whig paper. Mr. Coffinberry moved to Cleveland in 1855. Here he devoted himself exclusively to his profession and, as his reputation had preceded him, he almost immediately found himself possessed of a fine and lucrative practice. He had been in Cleveland but six years when he was induced to accept a nomination for judge of the Court of Common Pleas and he was duly elected, serving one term. Through his quick decisions of legal questions raised on trial, his impartiality and learning he gave unusual satisfaction to the Bar. Judge Coffinberry was particularly gifted in formulating charges to the jury. They were essentially logical and lucid in dealing with the law of the case, and so clearly set forth the duties of a juror in reaching a verdict that one could rarely go wrong except wilfully. His charge to the jury in the case of the State vs. Dr. John W. Hughes, who was indicted for the murder of Tamzen Parsons, of Bedford, in 1865, gained for the judge a wide reputation. The case was a celebrate one and attracted attention among laymen as well as lawyers, and it was generally acknowledged that the charge by Judge Coffinberry was one of the ablest ever delivered from the Bench of Cuyahoga county in a trial for murder. While living it was written of him, " He possessed an apparently intuitive perception of legal truths, a peculiar faculty for seizing the strong points of a case, and great power to present his arguments in an original and forcible manner. While appreciating the learning of the profession and ever mindful of its nice distinctions, he made them subservient to his own broad and liberal views." This statement is remarkable in view of the claim that while acting as judge he never had a case reversed. On leaving the bench he resumed for a time the practice of the law, but was obliged to discontinue it on account of poor health. He was naturally fond of study and



308 - BENCH AND BAR OF OHIO.


gave much of his time to reading upon scientific subjects and original investigation. Judge Coffinberry was appointed to many offices of trust and responsibility. He was one of the committee appointed by the city council to solicit funds for and erect the statute to Commodore Oliver Hazard Perry, which for many years was an object of artistic beauty adorning the ,public square of Cleveland. He was one of the originators of the Superior street viaduct over the Cuyahoga river, and most urgently advocated that it should be a free bridge. In politics Judge Coffinberry was an ardent Whig until the campaign of 1856, when he supported James Buchanan for President, and ever after affiliated with the Democratic party. When the War of the Rebellion broke out he was chairman of the Democratic central committee of Cuyahoga, county, and at once became a " War Democrat" and zealously worked among the members ,of his party in bringing them into active support of the war. After the great Union conyention of Ohio which nominated David Tod for governor, and over which Senator Thomas Ewing presided, he acted as the principal secretary. In 1875 Judge and Mrs. Coffinberry met with a most painful accident. They had just returned to the city from Mount Vernon where they had been to attend the wedding of their son. In crossing a track on the way from the depot their carriage was struck by a freight train and both were seriously injured, the judge suffering the loss of a leg. In January, 1841, Judge Coffinberry was married to Anna M. Gleason, of Lucas county. He died November 30, 1891.




WILLIAM B. SANDERS, Cleveland. Mr. Sanders was born in Cleveland on the 21st day of September, 1854. His father, Rev. William D. Sanders, was a Presbyterian minister and a native of Ohio, whose father came to the State in the early part of the present century, from Massachusetts, where his ancestors were among the first New England settlers. His mother, Cornelia R. Smith, was born in Ohio, her parents having also come from Massachusetts. The parents of young Sanders removed from Cleveland to Jacksonville, Illinois, when he was about one year old, his father becoming a professor of rhetoric in the Illinois College. When old enough the son entered the preparatory department of this college and in 1873 was graduated upon completion of its course of study. He then entered the Albany Law School at Albany, New York, graduating in 1875, and shortly afterwards was admitted to the New York Bar. Returning to Cleveland he became a member of the law firm of Burke, Ingersoll & Sanders. In February, 1888, he was appointed by Governor Foster a judge of the Court of Common Pleas for Cuyahoga county, to fill the vacancy caused by the resignation of Judge McKinney. At the ensuing election he was elected to the same position, having received the nomination of the Republican party without opposition. In January, 1890, he resigned to become a member of the law firm of Squires, Sanders & Dempsey, and is at the present time a member of the firm. During his official service Judge Sanders exhibited abundant evidence of the possession of the qual-


BENCH AND BAR OF OHIO - 309


ities of mind and traits of character which serve to dignify the Bench and invest the judiciary with the attributes which command respect and deference. He kept the ermine pure and unsullied. He maintained the traditional scales in equipoise. He saw clearly the rights of litigants as disclosed in the pleadings, but never saw the parties themselves. The personality of the plaintiff or defendant had no weight, but the rights of each received most patient scrutiny from the Bench. Judge Sanders is a lawyer of marked ability and a gentleman of culture. In 1884 he married Annie Otis, a daughter of Charles A. Otis, of Cleveland. He has one daughter by this union.


JOHN CROWELL, Cleveland. Samuel Crowell was born at Chatham, Barnstable county, Massachusetts, March 10, 1742, at which place his ancestors for several generations had resided, and died at East Haddam in 1810. He married Jerusha Tracy, of East Haddam, by whom he had one daughter and fiye sons, the eldest of whom was William, born at East Haddam, July 10, 1771. William Crowell married Ruth Peck and had a family of fourteen children, nine of whom were born in New England. Among the latter was John, the subject of this memoir, who was born at East Haddam, Connecticut, September 15, 1801. In the fall of 1806 the family removed to, the Western Reserye, settling in Rome, Ashtabula county. Mr. Crowell's family were the first settlers in the township of Rome and their nearest neighbors to the south were eighteen miles distant. The hardships which the earliest settlers were called upon to endure were severe and their privations very great. They could get comparatively none of the comforts, and even food, shelter and clothing were only to be- obtained by the greatest effort. But their sturdy hearts were protected by strong arms, and log cabins rapidly began to appear and the cultivated fields soon began to crowd the forest. John Crowell's boyhood was passed in the midst of primitive surroundings. His father was a carpenter, who, with the help of his two oldest boys, built most of the frame dwellings for miles around. It was necessary for John to assist, in clearing the timber land and cultivating the farm until he was of age. He occasionally attended a winter term at school and had a few months' tuition at a select school in Jefferson, and had one winter's private instruction from a Rev. John Hall, a theological student. Books were difficult to obtain, and he had few. In November, 1822, he walked to Warren, a distance of about twenty-six miles, in order to avail himself of the advantage of an academy conducted by E. R. Thompson, a graduate of Cambridge University. a capable instructor and a gentleman of high character: With some slight interruptions he continued in attendance at the academy until the year 1825, when he began the study of law with Mr. Thomas S Webb, of Warren, with whom he remained as a student until 1827, when he was admitted to the Bar. Meanwhile he supported himself by teaching school, and for six months was principal of the academy. He opened an office at Warren and soon obtained a good


310 - BENCH AND BAR OF OHIO.


clientage. For several years he was joint owner and editor of the Western Reserve Chronicle, and a supporter of John Quincy Adams. Mr. Crowell's ability, ambition and industry soon procured for him an extensive practice and a commanding position at the Bar. His talents were versatile and not entirely absorbed by his profession or his newspaper. He took a deep interest in all questions bearing upon the welfare of the people, the moral or intellectual improvement of the inhabitants. He was one of the earliest advocates of temperance. He aroused enthusiasm for total abstinence and was one of the leading assistants in organizing at Warren one of the first temperance societies in the West. He was opposed to slavery, a prime mover in the colonization society, but finding the scheme impracticable, he, with Gerritt Smith and others, withdrew from the organization in 1835. Mr. Crowell took a live interest in political affairs and in 1840 was elected State Senator. He became the acknowledged leader of his party in his congressional district and was elected to Congress as a Whig in 1846. In Congress he was a member of the committee on claims and Indian affairs. In 1848 he made a speech on the subject of slavery in the District of Columbia. It was one of his ablest efforts ; strong and pathetic as a plea for humanity and brilliant in its eloquence. When the admission of California into the Union as a free State was under discussion in the House he took part in the debate and argued eloquently against the extension of slavery. He served two terms in the House of Representatives and then returned to the practice of the law, removing to Cleveland in 1852, where he secured a large clientage and took high position as a lawyer. In 1862 he was elected president of the Ohio State and Union Law College, a position he filled with the greatest credit to himself and to the great satisfaction of the faculty and the students, for a period of fourteen years. His lectures were full of the philosophy of the law. The degree of Doctor of Laws was conferred on him by the college. Mr. Crowell was the editor in chief of the Western Law Monthly for some time. He also delivered several courses of lectures on medical jurisprudence at the Homeopathic Hospital College, was made dean of the faculty and received the honorary degree of Doctor of Medicine. He took an active interest in the Ohio State militia and for nearly twenty years held the office of brigadier general, and was ultimately elected major general. He looked upon Christianity as the basis of all true civilization, and throughout his life he was a consistent and decided supporter of the Episcopalian Church. He was mentally a well developed and symmetrical man. This was manifested by his adaptability to a number of pursuits absorbing his attention at one time and each receiving its due care without sacrificing another. He was an able lawyer, an excellent classical scholar, a fine teacher, a capable journalist, a Christian gentleman. Mr. Crowell was an invalid for some years before his death, which occurred in 1882. He was married in 1833 to Eliza B. Estabrook, of Worcester, Massachusetts, and to them were born five children, one of whom died in infancy. Of the others, John Crowell, Jr., an able lawyer and at one time a partner of General Mor-


BENCH AND BAR OF OHIO - 311


timer D. Leggett, and William Crowell are now deceased. Surviving are Julia K., widow of Colonel Henry G. Powers, and Eliza S., widow of the late Henry F. Clark, both of Cleveland.




WILLIAM F. CARR, Cleveland. Mr. Carr was born at Canal Fulton, Ohio, in 1848. He removed with his parents to Illinois when a child, where he remained until the fall of 1872, when he returned to Ohio and read law with General E. B. Finley, at Bucyrus. He was admitted to practice in 1875, and immediately settled in Cleveland, where he has since practiced. He was a member of the firm of Emery & Carr from 1876 to 1879. In the latter year Mr. Emery removed to Bryan and Mr. Carr practiced alone until 1884, when the firm of Carr & Goff was formed. In January, 1890, the partnership was enlarged and the firm became Estep, Dickey, Carr & Goff. In 1896 Mr. Carr and Mr. Goff withdrew and united with Virgil P. Kline and S. H. Tolles to form the firm of Kline, Carr, Tolles & Goff, which continues at the present time. From the time Mr. Carr was admitted to practice he has steadily and with ever-increasing respect of the Bench and Bar won his way to the front rank of his profession. He possesses in a high degree the power of long continued and exhaustive concentration in the study of his cases, and when he feels in his own mind that he has reached correct results, he conducts his case with unwavering and unhesitating fidelity to those convictions. Studious, conscientious, faithful to his clientage, fair to his opponents, honorable in his treatment of the court, he has come to be regarded as one of the most effective and forcible attorneys at the Cleveland Bar. Mr. Carr is president of the Cleveland Bar Association, president of the Colonial Club, and a member of the board of directors of the Park National Bank, and a member of the American Bar Association. He is general counsel of the Akron, Bedford and Cleveland Railroad, of the Cleveland, Painesville and Eastern Railroad, and of the Lorain and Cleveland Railroad.


WILLIAM HUBBLE FISHER, Cincinnati. William Hubble Fisher was born in the city of Albany, New York, November 26, 1843. His father was the Rev. Samuel W. Fisher, D. D., LL. D., from 1846 to 1858 pastor of the Second Presbyterian Church of Cincinnati, Ohio, and subsequently president of Hamilton College, New York. The subject of this sketch is directly descended from an officer of the Continental Army of the American Revolution. Jonathan Fisher (his great grandfather) of the Massachusetts militia, was chosen by field officers as second lieutenant in Fifth Company Northampton, 2nd Hampshire, County Regiment, Massachusetts, March 22, 1776. His mother was Jane Jerson, of New Jersey, descended on her mother's side from the Van de Lindas, an old Holland Dutch family, and from Peter Schuyler, the Governor


312 - BENCH AND BAR OF OHIO.


of New York. Mr. Fisher passed his boyhood in Cincinnati; entered Hamilton College, and graduated therefrom in 1864 with honor, and has recently been elected a member of the Epsilon Chapter of the Society of Phi Beta Kappa, an ancient fraternity of scholars. After a course of law at the Law School of Columbia College, New York, under Professor Theo. W. Dwight and Professor Lieber, he was admitted to the Bar of the State of New York in 1867. He practiced his profession at Utica, New York, at which time John S. Crocker, attorney in patent cases, transferred to him all his business relating to that branch of the profession. In 1870 he formed a partnership with Honorable Samuel S. Fisher, ex-commissioner of patents, in Cincinnati, Ohio. After three years the partnership was dissolved, Mr. Fisher since continuing in the practice of patent law. He is the author of Fisher's Patent Reports, Vol. I, a compilation of cases of great value to those engaged in the practice of law relating to patents. On September 10, 1873, Mr. Fisher was married to Miss Mary L. Lyons, of Lyons Falls, New York, and to them have been

---born four children, three of whom are now living. While at Utica, New York, Mr. Fisher, with two other gentlemen, originated the Young Men's Christian Association of Utica, an organization now strong, active, useful and vigorous, and possessing a new and handsome building, the property being valued at over $100,000. He is an elder in the Second Presbyterian Church of Cincinnati, is the corresponding secretary and director in the Young Men's Christian Association of Cincinnati, has been president of the Cincinnati Society of Natural History, and in the line of photography he has made certain interesting inventions enabling animals to take their own pictures by day and by night. Mr. Fisher has recently been elected a member of the Western Association of Writers.


JOHN A. McMAHON, Dayton. Honorable John A. McMahon has long been recognized as a leading member of the Dayton Bar. He is a lawyer by heredity as well as by profession and successful practice. His father, John V. L. McMahon, was a distinguished lawyer of Baltimore, and held rank among the leaders of the Maryland Bar. John A. McMahon was born in Frederick Maryland, February 19, 1833. At an early age was sen to St. Xavier's College, Cincinnati, where he graduated in 1849, after a full collegiate course. He remained in that institution as a teacher until June, 1850. In 1852, he settled in Dayton, and became a law student in the office of the late Honorable Clement L. Vallandigham, who married the sister of his father. He was admitted to the Bar in 1854, and immediately formed a partnership with Mr. Vallandigham. Thorough preparation and diligence as a student enabled him at once to achieve a high position at the Bar, and a general reputation in the community that secured a large and important practice. He was not infrequently, before he was twenty-five years of age, opposed in the trial of causes to some of the ablest lawyers of the State. Upon one occasion, in the year


BENCH AND BAR OF OHIO - 313


1859, he tried an important case at Dayton, in which Judge Thurman, then in the zenith of his reputation at the Ohio Bar, was the opposing counsel. Mr. McMahon was successful in winning the ease, and also won the encomiums of his distinguished opponent. After Mr. Vallandigham's entrance into official political life, Mr. McMahon practiced alone for a time, and in 1861 formed a partnership with the late GeorgerW. Houk, which continued until January, 1880. On the 23d of January, 1861, Mr. _McMahon married Miss Mollie R. Sprigg, of Cumberland, Maryland, a lady belonging to one of the oldest families in that State. He persistently declined all political preferment up to the year 1872, when he was elected a delegate at large by the Democratic State Convention of Ohio, to attend the Democratic National Convention held at Baltimore in that year. He several times refused a nomination for Congress from the Dayton district ; but in 1874, after he had been nominated in spite of his declination, his acceptance was so strongly insisted upon that he consented to make the canvass. The district at that time was largely Republican, but he was elected to the Forty-Fourth Congress by a majority of nearly eleven hundred votes. In the first session of the first term he was one of the managers of the Belknap impeachment proceedings, and upon the organization of the managers, for the conduct of the trial, Mr. McMahon was selected chairman of the sub-committee to try the case. During the same session he was appointed upon a special committee to investigate the St. Louis whisky frauds. He was afterward appointed by the House one of the committee of fifteen, of which Mr. Morrison, of Illinois, was chairman, to investigate the presidential election in the State of Louisiana, prior to the counting of the electoral vote in 1877. Mr. McMahon was re-nominated without opposition for a second term by the Democratic party, and was re-elected to the Forty-Fifth Congress. Upon the organization of the session, he was assigned to a position upon the judiciary committee and the committee on accounts. During the session he was also selected as one of the Potter investigation committee. In that Congress the undetermined questions connected with. a distribution of a remainder of the Geneva award fund, amounting to nearly ten million dollars, were referred to the House Judiciary committee. It soon became apparent that there would be so wide a difference of opinion in the committee as to necessitate two reports, one from the majority and one from the minority. The minority report was drawn and reported by Mr. McMahon, and was signed by Frye, of Maine; Butler, of Massachusetts ; Conger, of Michigan, and Lapham, of New York. It was adopted by the House, and the principle of this report was subsequently enacted into a law. In 1878, though desirous of retiring from public life, Mr. McMahon was again unanimously nominated and elected to the Forty-Sixth Congress. During his third term he was a member of the committee on apportionment, and upon its expiration in 1881, he resumed his practice in Dayton, at which he has been continuously engaged ever since. After the election of a Democratic State Legislature in 1889, Mr. McMahon was a candidate for the nomination, by a caucus of his party, for United States Senator, receiving the vote next to that of Honorable Calvin S. Brice, who was chosen and elected.


314 - BEN0CH AND BAR OF OHIO.


Mr. McMahon's political service was characterized by ability and a broad scope of usefulness, reflecting credit upon himself and honor upon his constituents. As a lawyer, his career has been abundantly successful. The secret of his prominence in the profession goes not lie alone in his strong natural endowments, his breadth of mental grasp and intellectual vigor. It may be found in the fact that he has always been a close and conscientious student, not only of text-books, but of the reported decisions of both English and American courts, so that he is to-day familiar in a marked degree with case law, as well as the underlying legal principles. Industry, method, thoroughness, intense application—these are the habits which Mr. McMahon has brought to the practice of the law, and which, under the direction of a keen, alert intellect, have placed him in the front rank of Ohio lawyers.




ISRAEL WILLIAMS, Hamilton. Israel Williams was born August 24, 1827, in Montgomery county, Ohio. His father, William Williams, was a farmer and a native of Bedford county, Pennsylvania. The family settled in York county, Pennsylvania, prior to the American Revolution. They are of Welsh stock and were originally an old Quaker family, who, for their religious belief were driven out of Wales. In 1816 his father and grandfather came to Ohio and settled in Montgomery county. In 1830 they removed to Champaign county, where they resided at the time of their death. His mother, Mary Marker, was a native of Frederick county, Maryland, and her parents were natives of Wittenberg, Germany. They came to America. and settled in western Maryland some time in the last half of the eighteenth century. About 1821 they removed to Ohio, settling in Montgomery county, where they engaged in farming. A t an early age Israel was sent to the common schools of his district, where he received his early training. Until eighteen years of age he attended school during the fall and winter and worked on the farm in spring and summer. At eighteen he began teaching school for the purpose of getting money with which to secure a higher education. Two years later, in 1847, he entered the high school at Springfield, where he remained one term. He then taught until the following spring, when he entered Granville College, now Dennison University. Here he remained two and a half years, and during this period taught school in winter. In 1852 he entered Farmers' College, from which institution he was graduated in 1853. At once lie entered the law office of Gunckel & Strong, of Dayton, where he commenced the study of law. In this office he pursued his studies for fifteen months, and for eleven months of the time he taught a country school near Dayton. He then entered the Cincinnati Law School for one term of six months, and in March, 1855, he received his degree of Bachelor of Laws. He was immedrately admitted to practice, and entered the office of Miller & Brown, of .Hamilton, who had offices in Hamilton and Washington, D. C. Mr. Williams was assigned to the Washington office, where he remained seven months. He then went to Des Moines,


BENCH AND BAR OF OHIO - 315


Iowa, where he spent the winter of 1855-6. In May, 1856, he returned to Hamilton and became a member of the firm of Miller & Brown. Two months later Mr. Brown retired from the practice of law, and the firm of Miller & Williams was formed, which continued about eighteen months, and until Mr. Miller accepted the presidency of the Cincinnati, Hamilton and Indianapolis Railway Company, and retired from the practice of law. Mr. Williams has since continued the practice of his profession alone. He has occupied the same offices forty-one years. His practice has always been of a general civil character, never at any time haying anything to do with criminal business. In this way he grew to be a representative business lawyer of Hamilton, and for years has had in his keeping much of the commercial practice of the city. He has been identified with the majority of the important cases that have been tried in this county in the past third of a century. As one of the leading counsel for the city of Hamilton he did more than any one man to secure cheap gas for the city, and through successful efforts in the local courts, the Supreme Court of Ohio and the Supreme Court of the United States, the question was settled, determining the right of a municipality in the State of Ohio to construct and operate gas works, not only for public lighting but for private use of its citizens. Mr. Williams is recognized as a lawyer of ability, being well read in the principles of the profession. He is a man of high moral character and has the confidence and respect of all who know him. Outside of his profession he has deyoted considerable time and study to geology, mineralogy and archaeology, and for years has been a contributing member of the Ohio State Archaeological and -Historical Society. Since 1891 he has been a member of the board of trustees. Mr. Williams in politics was a Democrat until 1861, when he became a member of the old Union party, and after the close of the war became a Republican, and continued so until 1896, when he supported William J. Bryan for President. Being strongly in accord with the principles of independent bimetalism, he advocated the Democratic cause, and did all in his power to secure the election of Mr. Bryan. He is not now firmly identified with any political party. He believes that the financial policy of this country will never be settled right until we are on a bimetallic basis, and that this can neyer be secured except by independent action on the part of the United States government, without waiting for the consent or aid of any other nation. In 1860 Mr. Williams married Maggie Wakefield, of Butler county, Ohio, and by this union there are four children, three daughters and one son.


HORACE L. SMITH, Xenia. Judge Horace L. Smith, though yet a young man, has won for himself a place of honorable distinction on the Bench and at the Bar of his native State. He is a citizen of Ohio, both by birth and inheritance. His father, Dr. Clinton Smith, was a native of Franklin county, and his mother, Mar 7 Smith, was born in Madison county. Both were raised on a farm and both were descendants of pioneer settlers of the State. Our


316 - BENCH AND BAR OF OHIO.


subject was born August 28, 1853, at Logansville, Logan county. While he was yet young his parents removed to Bloomingburg, Fayette county. His early education was obtained in the public schools of that village, later entering the academy at the same place. After finishing the academic course he entered Wooster University and so thorough had been his preparation that he entered the junior class. He was graduated in 1872, having taken a full classical course. The following year he took up the study of law with Colonel H. B. Maynard, now judge of the Court of Common Pleas at Washington C. H., Fayette county. In October, 1873, he entered the Law Department of the University of Michigan and, taking the full course, was graduated in 1875. In May of the same year he was admitted to the Bar by the Supreme Court, at Columbus. In obtaining an education he had every advantage and he improved them well. He had a decided predilection for the law and being gifted with a legal mind, the study of it was a source of pleasure as well as of knowledge. He began practice at Xenia immediately after his admission to the Bar. His ambition to master the principles of the law was not satisfied by the possession of a diploma from the foremost law school of the country. He kept his study up and gained for himself, in a few years' practice, the reputation of being thoroughly informed in the principles of law. He never held office and never was an applicant for office that was not in the line of his profession. In the thirteen years of active practice at the Green county Bar he built up a substantial and remunerative practice and his reputation as a wise and conservative counsellor and successful advocate kept constantly growing. In 1888 he was elected to the position of judge of the Court of Common Pleas, Third Subdivision, Second Judicial District. His duties began February 9, 1889. He soon demonstrated that he was fitted both by nature and education for the position. He is eminently fair and his decisions are remarkably accurate. Firmness is one of his marked characteristics. At the expiration of his first term he was re-elected, his nomination being uncontested, for another term which does not expire until 1899. This public indorsement by the people and the Bar is the highest tribute to his ability as a judge and uprightness as a citizen. In politics Judge Smith is a Republican, and takes an active interest in the progress of his party, as all good citizens are in duty bound to do. He is held in very high esteem by the profession and the community at large. He was married April, 1875, to Miss Mary Jones, of Fayette county, whose death occurred in 1885. In 1887 he was married to Mrs. May Loughry, daughter of John Orr, for eighteen successive years clerk of the Court of Com, mon Pleas of Green county, from 1863 to 1881. Practicing attorneys of the Green county Bar, who are in the best position to form a correct estimate of his character and ability, speak in the highest possible terms of Judge Smith. As a consensus of their expressed opinions we quote below the remarks of one of the prominent members of the Bar: " On the Bench Judge Smith is to the manner born. His naturally well balanced legal mind has been supplemented by a judicious course of training. His Judgment is sound and his decisions accurate. He is a comparatively young man yet, and his career is mostly


BENCH AND BAR OF OHIO - 317


before him ; but he is already recognized as an able jurist. The estimation in which he is held by the Bar of this district may be inferred from the manner with which he was each time elected to the position of judge. His nomination on both times was by acclamation and his election was almost equally unanimous. As a citizen, he has the respect and esteem of the entire community."


EDMUND H. MUNGER, Xenia. A man's success in life should not be estimated so much by the position he has attained as by the difficulties he has overcome. The young man whose position affords him all the accessories of an accomplished education begins his career with an abundant capita], an endowment it might be appropriately termed, while the one who has not these advantages of wealth and association begins his career with empty hands, with which he must earn the means to acquire the knowledge necessary for a profession. There is much truth in the adage that " Some men are born great, some achieve greatness and some have greatness thrust upon them." Among the subjects of hereditary monarchy, whose rulers claim the divine right to govern, the first class naturally commands the greatest reverence. In government of the people, where the most valuable prizes are won by industry, integrity and other virtues, the man who advances himself by praiseworthy efforts is the one who commands the greatest respect. To the latter class belongs Judge Edmund H. Munger, of the Green county Bar. He was born in Montgomery county, October 8, 1821. The Munger family are of New England descent, and came to the Miami valley shortly after the organization of the Northwest Territory. Reuben Munger his father, was a native of New England, and came to Ohio with his parents in 1797. Laura Munger, the mother of the subject of this sketch, was a native of Ohio, also of New England descent. His parents living on a farm, the early life of Mr. Munger did not present him with many advantages for obtaining an education. The district schools of those days were not what they are to-day either in thoroughness or the length of time in session. Three months in the winter season of each year was the average, and up to the age of nineteen that was all the assistance he had in preparing himself for college. By close application to his books he fitted himself to teach in the public schools, and in this way earned money with which to enter an academy. The first institution of this kind he attended was conducted by Dr. E. E. Barney, at Dayton. After another interval of teaching he attended the academy of Dr. McMillen, at Xenia. He next spent about two and one-half years at the Miami University ; after which he entered Center College, at Danyille, Kentucky, from which he was graduated in 1848. He had determined to enter the profession of law, and in order to get the means to continue his studies, opened an academy at Bellebrook, Green county, which he conducted for one year, studying law in the mean time under tutelage of J. G. Gest, of the Xenia Bar. After closing the school he entered


318 - BENCH AND BAR OF OHIO.


Mr. Gest's office and continued his studies for about two years, when he was admitted to the Bar, in 1851. He began practice in partnership with Mr. Gest. This arrangement continued for two years. After dissolution of the firm of Gest & Munger, he entered into partnership with Mr. R. F. Howard, and continued with him some two and one-half years. In 1856 Mr. Munger was appointed by the court to the office of prosecuting attorney of Green county, to fill a yacancy. At the close of the term he was elected by popular vote, and re-elected twice to the same position, serving the county in all seven years in that capacity. After retiring from office he continued practice alone until the summer of 1868, when he was appointed by Governor hayes as judge pro tern. of the Common Pleas Court, Third Subdiyision, Second District. At the following general election he was chosen to fill the unexpired term of Judge J. J. Winans. Judge Munger occupied the Bench for three and one-half years, when he retired and resumed the practice of his profession, continuing alone until the fall of 1895, when his son, John C. Munger, was admitted to the Bar and into partnership with him at the same time. John C. was educated at the Xenia high school, State University at Columbus, Cornell Law School and University of Michigan. He is well equipped to conduct his father's large practice when the mantle falls upon his shoulders. In the forty-five years of active practice at the Bar of Green county and on the Bench, Judge Munger's life has been without reproach. He has maintained himself well in every position he has occupied in life. He was a good judge ; he is a good lawyer ; but higher than either of these, he is a good citizen and a good man. He was married in October, 1861, to a Miss Mather, of Suffield, Connecticut, a descendant of the Increase and Cotton Mather family. They have six children living, three sons and three daughters. The eldest son is, as before mentioned, with his father in the law practice, another is completing his education at Berlin, Germany, and the other at Miami University. Two of the daughters are married and the other is at present at school in Boston. Speaking of Judge Munger a prominent practitioner remarked : " Judge Munger is one of the best known lawyers in this section of the State. He belongs to that class who place their profession above everything else ; never has been willing to accept any office outside of his profession, and I believe never has. In pursuing this course he has gained both a competency and a good name. As a citizen he is highly esteemed by his neighbors and wide circle of acquaintances. Both in his professional and private life he has set an example worthy of emulation."


JOHN C. MILLER, Springfield. There is no blot on Judge Miller's escutcheon, or cloud to his title of American citizenship. If any honor comes from distinguished ancestry he ranks with the proudest in the land. On his maternal side he is a lineal descendant of Sir Charles Hedges, an English statesman of the seventeenth century, and member of the cabinet of Queen Anne, the last reigning sovereign of the House of Stuart. His forefathers




BENCH AND BAR OF OHIO - 319


have been noted for originality and power from the time they first set foot on American soil. His great-great-grandparents, Robert and Elizabeth Miller, came to this country from Scotland, in 1738, and settled in Maryland, Prince George county. His great-grandfather, David Miller, lost his life in 1778 in the glorious struggle for the independence of the American colonies. His grandfather, Robert Miller, was born in Prince George county, Maryland, 1767, but removed to Kentucky in 1797. During the journey of the family to a new home in the Western wilds, Reuben, the father of our subject, was born in Fayette county, Pennsylvania, January 19, 1797, while the emigrant company were constructing keel boats to carry them down the Monongahela and Ohio rivers to their destination, Limestone, now Maysville, Kentucky. Mr. Robert Miller settled in Fleming county in that State and became a prosperous land owner and slave-holder, and a man of prominence in the community. He was moved by strong convictions, and in early life he became a member of the M. E. Church. He became a licensed local preacher by appointment of Bishop Asbury, in 1809, and was a power in the church. His sense of justice finally made it apparent to his mind that slave-holding was an abuse of power and wrong in principle ; therefore, in 1812, he liberated his slaves, removed with his family to Champaign county, Ohio, and settled upon a large tract of land on the Pretty Prairie, within the present limits of Clark county. He was a man of remarkable originality in thought, and very concise and forcible in diction. His sermons were famous for graphic descriptions and illustrations. Reuben lived with his parents on the farm, assisting in managing the estate and in acquiring an education, until he reached his majority; shortly after which he was united in marriage with Miss Mary Hedges, formerly of Berkley county Virginia. Teaching school and suryeying land were his occupations until 1826, when he was appointed surveyor of Clark county. This position he held for nine years, when he was elected county auditor, an office he held for eighteen consecutive years. He inherited his father's talent for speaking and his zeal for religion. During all these years of public service he was a local minister of the M. E. Church, and served on Sabbath days as a supply to the various churches in central Ohio in the absence of the regular pastor. He was naturally a good public speaker, a conversationalist remarkable for wit and humor, and a writer of more than ordinary ability. These characteristics seem to be an inheritance of the family, transmitted from father to son. John C. Miller, our subject, was born April 13, 1834, in Springfield, which was then only a village. He was educated at the Ohio Conference High School in his native town, under the tuition of a faculty of which Rev. Solomon Howard, afterwards president of the Ohio University at Athens, was the head. He was graduated at the age of fifteen years from a school which in its days was of high repute, and the only Alma Mater of some of the best intellects in Ohio. After leaving school he entered a printing office and learned the " Art preservative of all arts" in all its branches. He now had a trade, but was anxious for a profession. At the age of eighteen he took up the study of law with Honorable Samuel Shellabarger, who in after years became very prominent


320 - BENCH AND BAR OF OHIO.


both in his profession and on the floor of Congress, where he represented his district for several terms, and was one of the most prominent attorneys before the famous Commission in the Hayes—Tilden contest. Mr. Miller was admitted to the Bar of Ohio in April, 1855, and a few months later began practice at Springfield. He soon acquired a practice that for a young man was remarkably good. In April, 1861, he was elected mayor of Springfield by a handsome majority. When the civil war broke out, less than a month later, he immediately became identified with all the measures for the promotion of recruiting, relief to soldiers' families, and all methods employed to aid the Union cause. He was chairman of the Citizens' Military Committee of Clark county, and was afterwards a private in the One Hundred and Fifty-Second Regiment of Ohio Volunteer Infantry in the company of Captain Bushnell, now governor of Ohio. In the fall of 1861 he was elected prosecuting attorney of Clark county, and several times re-elected. In 1869 he was chosen city solicitor of the city of Springfield, and held that office by repeated re-elections until 1876, when he resigned to accept the position of probate judge, to which office he had been elected the previous October. To this office he was re-elected four times, but before the close of his fifth term he was elected one of the judges of the Court of Common Pleas, of the second judicial district, at the general election in the fall of 1890. This position he still holds, having been re-elected at the expiration of his first term, in 1895. Judge Mtller, in this capacity, gives great satisfaction to the Bar of his district and the State. His accurate and concise decisions have attracted the attention of the profession throughout the State. He is eminently qualified to grace the Bench. While he is remarkably familiar with published decisions of courts, he is not a case lawyer. All of his own decisions are founded upon principles of law, with which his mind is richly stored. Possessed of a keen, incisiye intellect, the controlling points of a case are quickly perceived by him, and his strong, thoroughly trained and logical mind enables him to present his conclusions, tersely and concisely, in a manner to carry conviction. In his exercise of these high judicial qualifications, Judge Miller is entirely impartial and independent ; always courteous and considerate. There are none who would question his integrity. His great legal learning and his peculiar fitness for judicial service, both of which are being rapidly recognized by the profession, render it highly probable that advancement on the Bench awaits him in the near future. Though an office holder for most of his life, it can truthfully be said of Judge Miller that he never has been an office-seeker ; in his case the office invariably sought the man. The irreproachability of his private life has contributed to fix and maintain his place in public esteem, but his great popularity is due to his recognized ability and magnetic personality. In religion he is a Methodist, in politics a Republican. He is a kind and charitable friend to all deserving people, irrespective of their creeds or beliefs. He is a versatile writer and brilliant speaker, a safe adviser and public-spirited citizen, a faithful husband and a kind father. He has devoted both his time and talent for the public weal. He was married October 4, 1860, to Miss Marianna T. Hoglen the cul-


BENCH AND BAR OF OHIO - 321


tivated and intelligent daughter of James R. Hoglen, late of Dayton, Ohio. They have two children, Robert J. and Eleanor C. Miller. Out of a family of seven brothers and sisters only two besides himself are living, namely : Henry R. Miller, a prominent citizen of Keokuk, Iowa, and Commodore (soon to be Rear Admiral) Joseph N. Miller, of the United States navy. The others, stated in the order of their respective ages, were Caroline H. Harris, formerly of near Monticello, Illinois ; Dr. D. B. Miller, of Covington, Kentucky ; Elizabeth N. Ogden, of Keokuk, Iowa, and Robert Tabb Miller, of Springfield, Ohio, who died when just entering upon manhood and an apparently successful business career.


CLARENCE B. HEISERMAN, Urbana. Judge Heiserman is a native of Ohio and of Champaign county. He was born at Urbana, September 18, 1862. His parents were Aaron and .Maria L. Heiserman, the former of German and the latter of Scotch descent. Caleb Heiserman, grandfather of Judge Heiserman, came to this country from Germany in 1825 and settled in Mahoning county, Ohio, near New Lisbon. A few years later he removed to Crawford county, where he purchased a farm on which he resided until 1865, when he removed to Iowa and remained until his death. The father of Judge Heiserman lived with his parents on the farm until he grew to young manhood, when he came to Urbana and engaged in the manufacture of carriages, which he followed for many years. The last ten years of his life he devoted to the business of general contracting. He died at Urbana in 1893. The maternal ancestors of Judge Heiserman came to America in colonial days and settled in Massachusetts and later near Saratoga Springs in New York. His mother's family removed Ohio a 1840 and settled in Urbana where his mother was born and is still living. His maternal great-grandfather served in the United States army during the War of 1812. Judge Heiserman secured his early education in the public schools of Urbana. He was graduated from the high school in 1879 at; the age of seventeen; and in the fall of 1880 he entered the Ohio Wesleyan University at Delaware. He was, graduated from that institution in 1884, after taking the full college course, and secured the degree of Bachelor of Arts. The two succeeding years he taught in the high school of Urbana, at the same time studying law under the tutorship of George M. Eichelberger, of Urbana, one of the best read lawyers in that section of Ohio. Resigning his position as teacher he entered the office of Mr. Eichelberger and for one year devoted his entire attention to his legal studies. He passed a successful examination' before the Supreme Court at Columbus and was admitted to the Bar in 1887. He at once began the practice of law in his native town, alone, passing his first year in the office of his preceptor. He then formed a partnership with Mr. E. E. Cheney, which lasted until he was elevated to the Bench. In 1889 he was elected prosecuting attorney of Champaign county, and was re-elected in 1892. His association with Mr. Cheney proved very satisfactory and the firm soon built up a practice that was a trib-


322 - BENCH AND BAR OF OHIO


ute to both their industry and ability. In 1894 Mr. Heiserman was made a candidate of his party for judge of the Court of Common Pleas, second subdivision, of the Second Judicial District, and was elected. He dissolved his connection with the law practice and took his seat on the Bench in November, 1894. He was elected for a term of five years. During the eight years of his professional career, Judge Heiserman has made a yery enviable record. In every position in which he has been placed he has maintained himself with credit and with marked ability. Concerning his fitness for the judicial ermine his preceptor, George M. Eichelberger, remarked : " Judge Heiserman is well qualified to discharge the duties of a judge and is filling the position to the satisfaction of the Bar. He is young in years, but is well grounded in the principles of law. He was a hard student during the years of training and has continued to be one ever since. He has a judicial mind. He is thoughtful, conservative and self-reliant. In the discharge of his duties as prosecuting attorney he developed the fact that he had ability, firmness and accurate knowledge of the law, and his services on the Bench have so far served to deepen these impressions. Socially Judge Heiserman is one of the most companionable of men. He is unassuming, courteous in his manners, a good conversationalist, and also a good listener. He is popular in his party and respected and esteemed by all." Judge Heiserman is a Republican in politics and before going to the Bench took an active interest in advancing party success. In his religious faith he is a Methodist and a member of the official board of his church and also superintendent of the sabbath school. He was married in 1890 to Miss Lillian M. Brown, daughter of W. II. and Fannie M. (Taft) Brown, of South Charleston, Ohio.


LEVI GEIGER, Urbana. Judge Levi Geiger was born March 14, 1824, in Greencastle, Pennsylvania. His ancestors were among the early settlers of the country. His great-grandfather on his paternal side came from Germany; was a commissioned officer in the war for American Independence in 1776, and received a grant of seveenteen hundred acres of land for his military seryices. His father, Henry Geiger, was a soldier in the war of 1812 -14 and received a land warrant for his services. He participated in the battle of Lundy's Lane and other hard-fought battles on our northern frontier. After the war he settled in the town of Greencastle, Pennsylvania, and in 1816 married Julia A. Rubush, a native of Pennsylvania, who in her childhood was an acquaintance and friend of James Buchanan, afterwards President of the United States. Her ancestors were of German and Scotch descent. Judge Geiger is one of eleven brothers. His oldest brother, Albertus, was a physician and practiced his profession in Cincinnati, from which place he removed to Dayton where he continued his practice until his death in 1886. One of his brothers, Hezekiah, was one of the founders of Wittenburg College, at Springfield, Ohio, and professor of mathematics and languages in that college for many years. Three of


BENCH AND BAR OF OHIO - 323


his brothers were preachers in the English Lutheran Church. Three of the brothers were attorneys at law, one of whom, W. F. Geiger, was major in the Phelps regiment and afterwards colonel of the Eighth Missouri Cavalry. He had three horses killed under him at the battle of Pea Ridge. After the war he served three terms as Circuit judge in the Springfield, Missouri, district, dying a short time before the close of his third term. His brother, F. M. Geiger, practiced law in Houston and in southern Missouri, where he died in 1889. His brother Henry was a farmer and died near Warsaw, Indiana, at the age of seventy-seven. His other brothers died in young manhood, before completing their school days. He has one sister who is married to the Honorable J. II. Hileman, of Altoona, Pennsylvania. Judge Geiger obtained his early education in the common schools in eastern Ohio and in his studies at home. He was a constant student- during his boyhood, availing himself of every opportunity afforded him in obtaining useful knowledge. He studied law under William S. Tanneyhill, one of the leading attorneys at Millersburg, Ohio, and was admitted to practice law at Canton, in 1850. He united with the Independent Order of Odd Fellows at Millersburg in 1851, and removed to Urbana in April of the same year, residing there ever since. In 1853 he united with Harmony Lodge F. & A. M. By the request of the family he was one of the pall-bearers at the funeral of Governor Vance. Mr. Geiger was a Whig in politics, and as such was, in 1856, elected prosecuting attorney for Champaign county. He was in favor of sustaining in good faith the compromises of the Federal Constitution, but was opposed to extending slavery into the territories of the United States. He was anti-slavery in his feelings, and called the first colored witness to testify in a court of justice in Champaign county. He was active in politics and assisted in the organization of the Republican party in Ohio in 1855. John Sherman presided over that convention and was then his choice for governor ; the Honorable S. P. Chase was, however, nominated. Mr. Geiger was elected a delegate to the convention that nominated John C. Fremont for President, but was not able to attend on account of sickness. He was also a delegate from the Eighth Congressional District of Ohio, with Judge William H. West, to the Chicago Convention that nominated Abraham Lincoln for the Presidency in 1860, and was an ardent supporter of Mr. Lincoln both in and out of the convention. When the Ohio delegation was in consultation to agree upon concerted action he offered a resolution, which was adopted; committing that delegation to the support of Mr. Lincoln as a candidate in case an Ohio man could not be nominated. This action was at once made known to other State delegations and to the leading supporters of Mr. Lincoln. It was an important factor in securing his nomination. The delegates from Ohio were divided in their choice. Honorable S. P. Chase, Judge McLain, Honorable Thomas Corwin and Honorable B. F. Wade each had friends pressing their claims. Mr. Geiger was seconded in his support of Mr. Lincoln by Honorable Columbus Delano and four other delegates from Ohio, who cast their votes for Mr. Lincoln on every ballot. On the last ballot the other Ohio delegates joined them. Mr.


324 - BENCH AND BAR OF OHIO.


Geiger was an ardent supporter of Mr. Lincoln's administration and of the war for the suppresion of the Rebellion. He visited Mr. Chase, secretary of the treasury, at his office, at the close of a cabinet meeting, where the question of peaceable separation was being considered by the cabinet, and urged him, as a representative of the sentiment of the people of Ohio, to support and encourage Mr. Lincoln in his efforts for the preservation of the Union as an entirety, assuring him that the State of Ohio was loyal and united in support of the policy of Mr. Lincoln for the suppression of the Rebellion. At the next meeting of the cabinet Mr. Chase gave his support to the views of Mr. Lincoln, as to maintaining the Union, with a majority of the cabinet. As to the importance of these cabinet meetings see Mr. Nicolay's history of Lincoln. He was judge advocate of the staff of General E. P. Fyffe, and was actively engaged during the war in enforcing the law against persons and organizations who were seeking to hinder the drafting of recruits for the army. " The Knights of the Golden Circle" had organized a number of lodges in the county. These he completely broke up and had the leaders sent to "Camp Chase," where some of them were confined for two years or more. Mr. Geiger was admitted to practice in the United States courts at Washington City, in March, 1861, upon the motion of Honorable Thomas Ewing, Senior. In 1889 he was elected judge of the Court. of Common Pleas for the a second subdivision of the Second District of Ohio, and served five years. In 1884 and 1886 his name was presented by the unanimous action of the Republican party and attorneys of Champaign county as a candidate for the position of District Judge of the Second District of Ohio. Judge Geiger stands high at home both in his profession and as a public-spirited citizen. He is an active member of the Methodist Episcopal Church and for many years has been a member of the official board. He has been a member of this society since the age of sixteen. He was married March 28, 1844, at Millersburgh, Ohio, to Miss Rosalinda Gleason, daughter of Aaron Gleason, a native of New jersey, who removed to Ohio in 1837. They had six children, —five of whom are still living. George H. is a practicing physician at Dayton, Ohio. Charles L. was in the insurance business and died January 12, 1895, at the age of forty-three. Their eldest daughter is the wife of S. L. P. Stone, a hardware merchant of Urbana. Their second daughter is the wife of John A. Banta, of Urbana, and the youngest is the wife of J. Howard Patton, of Greensburg, Pennsylvania. His daughter Ida C.. resides with her parents at Urbana. Mr. Geiger has fifteen grandchildren living and but one dead. Referring to the career and standing of Judge Geiger in his profession a prominent member of the Champaign county Bar says :


" Judge Geiger has filled an honorable place in the history of Champaign county and this section of the State. He is probably the oldest member now at this Bar and retains his powers of mind and body to a remarkable degree. He is more active than many men of far fewer years and there is no diminution of his mental capacity. For many years he was one of the leading lawyers of this section of the State, and had a large local practice as well as in the higher courts of the State and the Federal courts. The five years spent