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58 - CARROLL AND HARRISON COUNTIES CHAPTER IX BENCH AND BAR GENERAL USEFULNESS OF LAWYERS-COMMON PLEAS JUDGES OF CAR- ROLL COUNTY-MEMBERS OF THE BAR-EARLY AND LATER DATES -THOSE HERE IN 1882 AND AFTERWARDS-PERSONAL SKETCHES OF MANY ATTORNEYS. In all civilized portions of the globe there has ever been need of competent, honorable and honest lawyers to aid in bringing about the proper adjustment between men in the commercial dealings one with the other. Men do not look upon all questions alike and it requires one schooled in the laws of the land in which one lives, to bring about and adjust correct settlements. Again in criminal law the prisoner at the bar has the right to a fair trial, to council and all the advantages allowed to those not bound or hindered by the present circumstances, hence the lawyer naturally is sought for in such cases, that justice may come on the one hand and that persecution is not allowed to cripple the interests of the prisoner on the other hand. Again it is quite necessary to have lawyers to do their part truly and well in the making of laws, and in the execution of the same. Hence our law-making bodies usually have many trained lawyers, who with their knowledge of constitutional law, are necessary in such legislative bodies. In the role of professional men it is a question as to which class serve the greatest number in bringing about the greatest results in the world—the lawyer, the doctor or the minister. Certainly it is that no progressive, enterprising commercial country could long prosper without the profession of a trained attorney-at-law. The lawyer was early in the field in Carroll County. however his profession was not so prominent in the first decades as it was at a later date in the history of the county. It was not until settlements had become dense and when towns and villages had sprung up, that the business transactions of the pioneers really required the seryices of a lawyer. Hence it was that many of the first lawyers in these counties followed other occupations, at times, along with the legal profession. COMMON PLEAS JUDGES Carrollton has been honored with five common pleas judges as follows: Hon. John Pearce, first judge after the organization of the county; was editor of the Free Press. The second judge was Hon. Robert Raley ; third judge was Hon. Isaac H. Taylor ; fourth judge was Hon. John H. Fimple ; fifth judge was Hon. Harvey J. Eckley. The first, third and fifth of these judges were appointed by the Governor of Ohio. CARROLL AND HARRISON COUNTIES- 59 MEMBERS OF THE BAR Among the earlier members of the bar in Carroll County should be named Judge William Johnston, James Courtright, (1861 was still in practice), and those who carried law cards in the local press of Carrollton in January, 1860, included these-A. W. Morrison, S. M. Crane, H. S. Trainer, E. R. Eckley. In 1859 the files show the names of attorneys B. F. Potts and J. E. Philpot. In 1863 the cards of these appeared in the Free Press—E. R. Eckley, C. A. Shober, McCoy, Tripp & Blackburn, John L. Price, S. M. Crane, Isaac Ulmer. In 1882, when I. H. Blythe arrived in Carrollton to practice law, (which profession he still follows there), he says he found sixteen lawyers practicing in Carroll County, he making the seventeenth. He recalls such men as follows, as having been here in advance, or coming soon after he did to enter the practice of law : C. A. Shober, Robert Raley, Gen. E. R. Eckley, H. J. Eckley, A. P. Mortland, John H. Tripp, W. L. Handley, Joe Rhue, Thomas J. Hays, William McCoy, I. H. Taylor, James Holder, Will Black, Thomas Watson, G. B. G. Greenwood, William Adair, John Ferrall, Samuel Crane, Emmet E. Adair, C, C. Adams. Other lawyers of the county have been-John H. Temple, W. C. DeFord, R. E. McDonald, Will Moffett, Fred W. McCoy, J. C. Oglevee. In passing it may be added that eighteen of the above attorneys are deceased. From this number of lawyers named as practicing in Carroll County, the following have served as judges : Robert Raley, Court of Common Pleas ; H. J. Eckley, Court of Common Pleas ; J. H. Taylor, Judge of Court of Common Pleas, and resides in Canton now ; C. C. Adams, Probate Judge ; John H. Temple, Common Pleas Judge, now of Canton and H. J. Eckley, present Judge of Court of Common Pleas. PERSONAL SKETCHES From various sources the following notes have been received and placed in paragraphs, for future reference, concerning many members of the Carroll County Bar : Judge Robert Raley, died suddenly in the autumn of 1889. He was one of the most estimable and distinguished members of the Ohio Bar. He was born in Hanover, Columbiana County, October, 1837, son of John Raley, born 1796, died May, 1868. Was reared to agricultural pursuits ; left the farm to attend school ; taught school , was a land surveyor ; when nineteen years of age he lost his arm in a threshing machine ; then studied law and in 1863 located at Carrollton and entered the law office of Judge John H. Tripp, as a law partner ; was soon elected prosecuting attorney of Carroll County, serving ten years. Was a wonderful success in temperance work, and through his efforts every saloon in the county was finally closed. In 1867 he became the partner of the firm of Shober & Raley. He had one side or the other of nearly every case tried in the courts of the county for a number of years. In 1886 Governor Foraker appointed him to fill the vacancy caused by the resignation of William R. Day, Canton, of the Court of 60 - CARROLL AND HARRISON COUNTIES Common Pleas. Was then elected for five years. He married in 1867 to Margarette M. Sloan. This union resulted in the birth of six children. The wife died in 1908 and the judge fell from an apple tree Thanksgiving Day, 1899 and died the same evening. His was the largest funeral in Carrollton since the days of the Civil War. A kindly character—a self-made man—a faithful husband and a kind parent-an eminent jurist, careful in the preparation of all his cases. Of such an one the world has all too few to honor the bench and bar. John H. Fimple, of the old law firm of Fimple, Holder & DeFord of Carrollton, a native of the county, born in 1859, in Augusta Township, on his parents farm. The parents are long since deceased. The subject attended the district schools and aided on his father's farm; attended high school at Malvern and Minerva ; also the Northwestern Normal school, graduating at Ada ; also attended Mount Union college, receiving the degree of A. B. in 1882. For a time he taught school and later taught a part of the year to obtain means with which to pursue his studies in college. In 1884 he entered the law office of Judge Robert Raley. He was elected a state's representative on the republican ticket from Carroll County. He was admitted to the bar in 1886 and became a law partner with his preceptor, Judge Raley. He was an active worker in the cause of temperance, when such a stand was not as popular as today. He was the author of the "Fimple Local Option" bill. He was re-elected in 1887. Benjamin Harrison appointed him special examiner of land titles and contests in the general land office at Washington, D. C. He was a radical protectionist ; in church faith a Presbyterian and was a Knight Templar in Mason circles. Thomas J. Hays, Carrollton, born May 25, 1834, in Franklin Township, Columbiana County, Ohio, of Scotch-Irish descent, the first members coming to America in 1819, lived three years in Beaver County, Pennsylvania, then moved to Columbiana County, took up government land and became early pioneers. The subject's father died in 1846 and the mother in 1877; there were eight children. Thomas, of this sketch, was the sixth child in the family, followed farm life till eighteen years of age, then taught school for ten winters, by which he obtained money with which to attend school ; he attended at New Lisbon three years ; a short course at Mount Union college; while he taught he also read law under able tutorage like Judge John Clarke. of New Lisbon. He was admitted to the bar in June, 1862 and in 1867 to the United States courts. He came to Carrollton in 1863 to begin law practice. Politically, he was a democrat ; was mayor of Carrollton ; in 1863 he married in Columbiana County, Miss Martha J. Williams, by whom four children were born. In church faith he was a Presbyterian. He died June, 1911, and his wife died in 1913. Wallace L. Handley, Carrollton, born in Green Township, Harrison County, Ohio, 1856, a son of David Handley and wife. He followed farm life and attended the common schools until twelve years old, when the family moved to Urichsville and there he attended school. Next they moved to Hopedale, where he attended the Normal College and also read law .under special charge of Cyrus McNeely, founder of the college at Hopedale. In 1877 he moved to Carrollton and studied law with S. M. Crane, was admitted to the bar in 1881 and at once 61 - PICTURE OF GEN, EPHRAIM ECKLEY 62 - CARROLL AND HARRISON COUNTIES commenced practice in Carrollton. Politically, a Republican. When he arrived at Carrollton there were already seventeen lawyers, but he remained and soon had a very large, paying legal practice and was known later to be one of the foremost men in the county. His works in promoting enterprises for Carrollton were numerous. For many years he was the attorney for the various railroads in the county. .It was he who fostered and aided the pottery and rubber factories here and in the end won out financially. James Holder, of the law, firm of Fimple, Holder & DeFord, Carrollton, was a native of this county, born in Lee Township in 1844, of Scotch-Irish and German ancestry. The father was Jesse Holder, of Pennsylvania. The son grew to manhood in Lee Township, this county, attended common schools and in 1862 enlisted as a soldier in the Civil War conflict as a member of Company D, Eightieth Ohio Volunteer Infantry. At Jackson, Mississippi, he was wounded in May, 1863, when he lost his right arm by a cannon shot. He was captured by the Rebels, sent to Atlanta, thence to Libby Prison, at Richmond, Virginia. He was sent to Annapolis and paroled. He came home and attended Harlem Springs College and taught school two years. In 1866 he was elected county recorder of Carroll County, served nine years, at the same time read law and commenced to practice. In 1884 he was elected probate judge, then practiced law again and became a member of the firm as above noted. He died May 19, 1914 and his wife departed this life August 7, 1916. General E. R. Eckley, a native of Jefferson County, Ohio, born December 9, 1811, helped to clear up the forests in his native county, clerked for a time, taught school in the fall of 1833, and read law under Judge Johnson. in 1834 went to Mansfield and was made "Master" in a. receivership that engaged him more than a year. He then followed land surveying with a party of government surveyors in Indiana, but the fever and ague drove the party home after a few months stay. He went to Richland County, Ohio and surveyed out the lots of Crestline. In the fall of 1836 he came to Carrollton ; was admitted to the bar in 1837 and practiced law until the Civil War came on. In 1843 he was elected state senator and re-elected in 1845 and again in 1849. He ran for lieutenant governor in 1851 on the whig ticket, but was defeated. In 1853 elected to the House of Representatives in the Ohio Legislature, and was voted for by the whigs for the United States Senate, by the Ohio Legislature. In 1856 he was a delegate to the National Republican Convention at Philadelphia and voted for Gen. John C. Fremont as President. In 1860 was a delegate to the Lincoln campaign convention in Chicago, but was unable to attend. When the Civil War came on General Eckley was appointed a lieutenant colonel of the Twenty-Sixth Ohio Volunteers regiment and the following December promoted to colonel of the Eightieth Ohio regiment. In the fall of 1863 he was elected to a seat in Congress, served six years and was one of the twenty-two members who opposed immediately giving the Rebels their full rights of citizenship. He was married to Martha L. Brown, and they had five children. He died March 27, 1908; his wife died May 4, 1898. CARROLL AND HARRISON COUNTIES- 63 John H. Tripp, born in 1820 on a farm in Washington County, Pennsylvania, on the Washington pike. He was the son of William Tripp the eldest of a family of eight children. The parents moved to Carroll County in 1834. He received a common school education at subscription and select schools. In the fall of 1838, aged eighteen years, he attended the select school of Professor Grewell ; then taught and commenced to read law under Gen. E. C: Eckley. In the winter of 1841-42 kept the North Union School. In 1843 on an examination of a committee of nine appointed by the Supreme Court, he was admitted to the bar, at Steubenville. He was a law partner one year with General Eckley, and in December, 1844 was married to Charlotte Gantz ; they had a son and a daughter ; the son was finally postmaster at Carrollton. In the winter of 1845 Tripp was elected prosecuting attorney, serving two terms. In 1850 he was elected representative to the State Legislature, with General Eckley in the State Senate. January,. 1853, William McCoy (later judge) and Mr. Tripp purchased the Free Press at Carrollton, and continued as its owners until 1857 when they sold to Jacob Weyand. In 1861 Tripp, out of the office, returned to his law practice, with B. F. Potts. In 1862 Tripp was appointed by Governor Tod as draft-master for Carroll County. He was a law partner of I. H. Taylor in 1869, and was appointed clerk of the Courts of Common Pleas in 1876. He again entered the newspaper business in 1876, purchasing a half interest in the Free Press. In 1877 H. J. Eckley entered his office as a law partner and he was elected prosecuting attorney in 1879. In 1881 Tripp bought the other half of the newspaper and conducted it several years. In 1887 he was a partner of R. E, McDonald. He died March 17, 1913. Hon. William Adair, born March, 1835, (son of William Adair) ; educated in the village schools ; learned the wagon-maker's trade, worked at it nine years ; read law and was admitted to the bar in 1862 ; he read under Robert G. Knight. In 1869 was a member of the Ohio Legislature, also in 1871-73 ; a member of the constitutional convention. Was author of the quite celebrated "Adair Law," the original civil damage liquor law, holding owners of saloon buildings responsible for damages arising from the business to life and property loss. He voted for the Fifteenth United States Amendment ; was one of the original directors of the several Carroll County railway enterprises. Read law under his father ; was admitted at Leesville in 1890. Judge C. C. Adams, born in Carroll County, Ohio, in 1826, son of John and Betsy Adams, was reared to farm work, attended the subscription school, and when seventeen years of age learned the trade of a blacksmith which he followed for twenty years. In 1847 he married Ellen Lewton by whom he had a large family. He had a half section of farm land in this county and was a large stock-raiser and handled fine grades of sheep. Politically, he was a Republican and in church faith he was a United Presbyterian. He studied law and in 1858 was admitted to the bar and was still in the practice of his profession in 1891 ; in 1876 he was elected probate judge of Carroll County and re-elected two terms. He died in the fall of 1894. Robert E. McDonald was born January, 1862, in Brown Township, near Malvern, a son of Junkin S. and Elizabeth McDonald. 64 - CARROLL AND HARRISON COUNTIES Orphaned at the age of ten, he commenced life's battle for himself by working on the farm in the summer and choring while attending the district schools during the winter. At the age of seventeen he commenced teaching school, and taught in the districts of Brown and Augusta townships for eight years. In the meantime he attended several select schools at Malvern and elsewhere and took a correspondence school course. In the spring of 1884 he entered the law office of McCoy & Taylor and began the study of law, and two years later matriculated in the Ohio Northern University at Ada, where, in addition to the study of law, he pursued his academic course. He graduated from the law department of the institution and was admitted to the bar in June, 1887. He was elected dean of the law department of the Ohio Northern University, a position he held until the middle of September, 1887, when he resigned, came to Carrollton and entered upon the practice of his profession in the office of the late John H. Tripp. A year later he was elected prosecutor, serving two full terms. He formed a partnership with I. H. Blythe, lasting from 1889 to 1894, when he and Hon. John H. Fimple became associated. The latter partnership continued until 1900. Mr. McDonald was elected probate judge in 1899 and after serving six years in that capacity he became a partner of J. C. Oglevee. Judge Harvey J. Eckley, son of Gen. E. C. Eckley, was born October 29, 1845, at Carrollton where he received his primary education. Later he attended Harlem Springs College, then entered Washington-Jefferson College from which he graduated with class honors in 1868. He then entered the law office of his father and after four years was admitted to the bar. He became a partner of his father which partnership existed so long as his father practiced. Then young Eckley practiced law alone three years, after which he was associated with Judge John H. Tripp. This firm dissolved in 1880. Other partnership relations of Judge Eckley was his partnership with Judge J. U. DeFord and Judge J. H. Fimple, the firm of Fimple & Eckley being dissolved when Mr. Fimple became Common Pleas Judge in 1911. In 1878 Mr. Eckley was elected prosecuting attorney, served two terms. In 1891 he was elected senator and had many duties to perform as such. Upon the resignation of Judge Fimple, Judge Eckley was appointed in his stead and is still serving in the capacity of common pleas judge. Irving H. Blythe, one of the oldest legal practitioners in Carroll County, of today, was. born April 17, 1857 in Brown Township near Malvern. When a small boy he attended the district school, later attended the Malvern village school. After a three years' course in Wooster University, he entered Allegheny College, Meadville, Pennsylvania, from which he graduated in 1878. His legal education was obtained in the famous University of Michigan—Ann Arbor, from which he graduated in 1881. He located in Carrollton January 15, 1882 and at once entered upon what has been a very successful career. Mr. Blythe was mayor of Carrollton eight years. He first served when the town installed its splendid waterworks system in 1895, and CARROLL AND HARRISON COUNTIES- 65 gave much time and attention to its construction. During the second series of his mayorship he had the paving council on his hands, and the interests of the citizens were given his careful attention. He was prosecutor of Carroll County from 1883 until 1889 and in 1910 was elected again, serving until 1915, having been re-elected in 1912. He was a member of the school board several years and was also a justice of the peace a number of years. Outside of Judge Eckley, now on the bench, he is the oldest member of the Carroll County Bar Association. Politically Mr. Blythe is an earnest, active Republican. |