500 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII John Barr, elected in 1841, an old settler, editor and valued writer of local history, as well as ex-sheriff and clerk of the courts, who served three terms ; Edward Hessenmueller, who was a justice from 1843 to 1861 and afterward sat upon the police court bench ; James D. Cleveland, almost too young to be a 'squire, but who matured rapidly and was also elected police judge in later years; George B. Tibbetts, a mild-mannered Democrat who "held over" so many times (1849-61) that it got to be considered as a matter of course that only death could pry him away from the office; John R. Fitzgerald, an Irish newspaper man and classical scholar, who covered about seven years during the civil war and before; George A. Kolbe, who served the township in 1864-76; Major George Arnold, a Union soldier, who received a bullet wound in his back at Shiloh and spent many hours afterward in explaining how it happened, and John P. Green, a Central High School graduate, a good lawyer, the only colored man elected to the office up to that time (1873) and afterward a member of the Ohio legislature. In 1886, a bill passed the legislature giving the justices a salary, instead of authorizing them to depend upon fees for their compensation. The law still applies, under the present constitution of the state. As justices of the peace were the first judicial representatives to be introduced to the public of Cleveland township, although they have not always had the benefit of a legal education, they are given the place of honor at the head of this chapter. History is really only an orderly chronological narrative, with an occasional "moral" drawn from the facts. In succeeding pages the courts, with the judges and practitioners identified with them, are taken up in the order of their establishment. THE COURT OF COMMON PLEAS This is the oldest judicial body of the county ; in fact, Cuyahoga County began its independent existence in May, 1810, by holding the first term of the court of common pleas. Cleveland had then about fifty persons. Under the terms of the constitution of 1802, and by appointment of the state legislature, the common pleas court of Cuyahoga County was represented at that sitting by the Hon. Benjamin Ruggles, presiding judge, and Nathan Perry, Sr., A. Gilbert and Timothy Doan, associate judges. At that time, Huron County was attached to Cuyahoga for judicial purposes. This first court was held at the newly erected store of the Murrays, just finished but unoccupied, standing where the Atwater, or old Forest City Block, was after- 1810] - BENCH AND BAR - 501 ward erected. The latter was torn down in 1855. The locality may be more clearly fixed in the minds of a late generation by describing it as at the entrance to the Detroit-Superior viaduct. FIRST COURT, A STRONG BODY Benjamin Ruggles is a name familiar to those who have followed the narrative describing the founding of Cleveland, and Nathan Perry, as has already appeared, became Cleveland's great pioneer merchant and land owner, and lived for more than half a century after "ascending the bench" as associate judge of the court of common pleas. Mr. Perry's only child became the wife of United States Senator Henry B. Payne. John Walworth, the clerk of the new court and county recorder, had, like Nathan Perry, been in Cleveland only about four years, and had already served as justice of the peace and postmaster at Painesville, inspector of the port of Cuyahoga, and collector of the District of Erie (1805-06), associate judge before Cuyahoga County was organized, and postmaster of Cleveland. He was serving in the capacity last named at the time of his death in 1812. John Walworth was so popular that he had only to ask for an office to receive it, and his popularity was at its height during the War of 1812, and the last year of his life, when his courage, vigilance and energy did much to dispel the panic among the villagers at the news of Hull's un-American surrender of Detroit to the British. Under the constitution, the court of common pleas had common law and chancery jurisdiction, and the legislature elected all the judges. It was required only that the presiding judge should be "learned in the law," but his associates were, as a rule, prominent citizens of broad common sense in whom the people had confidence. Such conditions were fully met in the organization of the first court which met at Cleveland in May, 1810. FIRST CASES BEFORE THE COURT "The business of the June term embraced the consideration of five civil suits and three criminal prosecutions. Thomas D. Webb is recorded as the attorney who filed the first. præcipe for a summons, being the suit of Daniel Humason against William Austin ; action, trespass on the case for eleven hundred white fish of the value of $70, which came into the hands of the defendant by 'finding,' but who refused to give up on demand and converted them to his own use. Alfred Kelley appeared for the defendant, denied the force and 502 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII injury, etc., the plaintiff joined issue and 'put himself on the county.' " The plaintiff failed to appear at the next term of court and had to pay the costs of the suit. Mr. Kelley also appeared in the second case, a civil suit for the collection of money on a note. It was discontinued and finally settled out of court. DANIEL IN THE LIONS' DEN The history of criminal jurisprudence opened at the November term, 1810, by the presentation through the grand jury of the first "true bill" of indictments, the State of Ohio vs. Daniel Miner. "Daniel," as the jurors on their oath declared, "not having obtained such license or permit as the law directs to keep a tavern, or to sell, barter or deliver, for money or other article of value, any wine, rum, brandy, whiskey, spirits or strong drink by less quantity than one quart, did, with intent to defraud the revenue of the county, on the 25th of October last, sell, barter and deliver at Cleveland aforesaid, wine, rum, brandy, whiskey and spirits by less quantity than one quart, to-wit, one gill of whiskey, for the sum of six cents in money, contrary to the statute," etc. Being arraigned, he plead guilty and "put himself upon the mercy of the court." The court was surely merciful, as it imposed a fine of twenty cents; perhaps not so merciful, either, as twenty cents came about as hard from a poor man in those days as five dollars do in these times. And Daniel was not yet out of the lions' den ; for there was another prosecution against him, in which he was charged with like intent to defraud the county out of its just revenue. Without first obtaining a license, he did, on the same day of the former offense, ferry diverse men and horses over Rocky River. Again he craved the mercy of the court, which, however, had become hard-hearted and fined him five dollars and costs for this second offense. ALFRED KELLEY FIRST APPEARS AS PROSECUTOR Another instance of the negligence of merchants, traders and other enterprising men, in the matter of observing statutory requirements, may be found in the first judicial record of the county, wherein Alfred Kelley appears for the first time as prosecuting attorney for the county, to maintain an indictment against Ambrose Hecox, charged with selling "one-half yard of cotton cambric, six yards of Indian cotton cloth, one-half pound 'Tyson skin tea, without license, con- 1810-11] - BENCH AND BAR - 503 trary to the statute law regulating ferries, taverns, stores," etc. The profits and capital involved in this transaction were more than wiped out by a fine of one dollar, with costs amounting to $6.30. FIRST CIVIL JURY TRIAL The first jury empaneled for the trial of a civil suit was at the June term, 1811. The case was entitled Frederick Falley vs. Philo Taylor and was brought to collect damages caused by the sale of eight barrels of spoiled white fish. At the same term, Erastus Miles was presented for selling liquor to Indians ; and he was fined five dollars and costs for it. During the early terms of the common pleas court, prosecutions were largely for keeping tavern and selling liquor without licenses. Many such offenses were committed at Huron while it was attached to Cuyahoga County for judicial purposes. It may be added that many of these statutory breaches, whether committed in Huron or Cuyahoga County, were rather the result of ignorance of the law than of vicious lawlessness ; for the statutes were then manufactured at Chillicothe, far away, and Cuyahoga County had no newspapers then to keep its citizens advised of the creation of new laws at the state capital. FIRST SESSION OF SUPREME COURT IN CLEVELAND Under the early judicial system, there was an annual session of the supreme court in the several counties, and the first sitting in Cuyahoga was in August, 1810, when William W. Irwin and Ethan A. Brown produced their commissions and organized the court, appointing John Walworth their clerk. At this term, Alfred Kelley was admitted to practice in the supreme and county courts, being the first attorney in the county to take the oath to support the constitution. Samuel Huntington is conceded to be the pioneer of Cleveland's lawyers, but he lived in town only a few years and is better known as a judge, a governor and a public man, his notable career covering a period of residence outside of Cuyahoga County. * ALFRED KELLEY, THE FIRST ACTIVE LAWYER Alfred Kelley, already mentioned, is recorded as "Cleveland's first actual lawyer." He was a Connecticut man and came to Cleveland * For portraits of Alfred Kelley and other early lawyers and judges, see preceding chapters in the narrative history. 504 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII with Dr. Jared P. Kirtland and Joshua Stow, with others who accompanied the first surveying party of 1796. Mr. Stow was the commissary of the expedition. They were all on horseback. Mr. Kelley was strong and active mentally and physically, and his local leadership earned him a seat in the legislature, which he held almost continuously from 1814 to 1822. his personality was impressed on such important legislation as that connected with the banking and canal laws. In 1822, he was appointed canal commissioner of the state. Mr. Kelley moved to Columbus permanently in 1830 and died at the state capital in 1859. In the early records of the common pleas court appear the names of not a few prominent pioneers. In 1812, for instance, they show that Amos Spafford, the surveyor and legislator, was arrested by Elisha Alvord for $100 house rent. Levi Johnson appealed from a decision of 'Squire George Wallace and, about the same time, Justice Wallace and Cyrus Prentiss were tried for assaulting Robert Bennet. COURT BUSINESS DURING FIRST FOUR YEARS The records of four years, from May, 1810, to May, 1814, embrace 109 civil suits, the greater number being petitions for partition of lands, and generally of non-resident heirs mostly living in Connecticut. During the troublous times incident to the War of 1812, and especially connected with Hull's surrender at Detroit, the courts were almost deserted ; only seven cases were tried at the November, 1812, term, five at the March term and four at the June term, 1813. There seem to have been no criminal prosecutions during this war period. The only lawyers who appear of record during the first four years of the common pleas court were Alfred Kelley, the first settled lawyer and prosecuting attorney ; Thomas D. Webb, Robert B. Park-man, Samuel W. Phelps, Peter Hitchcock, John S. Edwards and D. Redick. Mr. Hitchcock was a resident of Geauga County, who had been succeeded by Mr. Kelley as prosecuting attorney. LEONARD CASE, SR. The Hon. George Tod was president of the court at the October term of 1815, when Calvin Pease, Elisha Whittlesey and Leonard Case for the first time appear as attorneys of record. The last named is of most interest to Clevelanders, both because he was an able, honest and stalwart man himself and because he was the father of the fine son and namesake who founded the Case School. The father of the first 1810-13] - BENCH AND BAR - 505 Leonard Case brought his family from Pennsylvania to Trumbull County in the spring of 1800. Leonard was then fourteen years old. Before he was twenty-one he was clerk of the supreme court for Trumbull County, or the entire Western Reserve, and a fast friend of General Simon Perkins, in whose employ he remained for many years, even after he had commenced practice. Upon the advice of John D. Edwards, then county recorder, Mr. Case studied law and, soon after being admitted to practice, appeared as an attorney of record at Cleveland. His long and close connection with the Connecticut Land Company made him authority on all real estate matters. In 1816, he was appointed cashier of the Commercial Bank of Lake Erie, then just organized at Cleveland, and from that time until his death, in December, 1864, was a local power in the development of city, county and state. He was agent of the Connecticut Land Company from 1827 to 1855. In 1821-24 he was president of the village and started Cleveland on the road to earning and upholding its popular name, the Forest City. Mr. Case was the first auditor of the county ; was a member of the legislature in 1824-27 and a champion of the Ohio canals; accomplished much in the way of systematizing land taxes and was altogether a broad and admirable character. At first, the Case family lived in a frame house at the corner of Bank and Superior streets, the family residence also accommodating the Commercial Bank, of which he had become president. The site of his home was later occupied by the Mercantile National Bank, and there was born the son, Leonard Case, who founded the school which is honored by the family name. In 1826, when the latter was six years old, the family moved to the beautiful homestead on the east side of the Public Square, now occupied by the Federal building. The foregoing is a digression from the main flow of the story, but is justified by the importance of the subject, Leonard Case. VARIOUS PRESIDING JUDGES OF THE COURT In 1819, J. S. Couch was the presiding judge and Reuben Wood first appeared as attorney in a case. There was never a more distinguished, forceful or beloved gentleman connected with the bench and bar of Cleveland than Governor Wood, and his personality is introduced more distinctly when the writer deals with the Cleveland lawyers who have been advanced to the state supreme bench and the gubernatorial chair of Ohio. Calvin Pease became presiding judge in 1820, followed, in 1821, by John McLean, afterward a judge of the United States supreme 506 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII court. Judge Pease again occupied the bench in 1822, followed by Judge Burnet in 1823 and Peter Hitchcock in 1825. In 1826, William McConnell, John W. Allen, Harvey Rice and Sherlock J. Andrews were admitted to the bar. HARVEY RICE At least two of the foregoing became great men in the annals of Ohio history. Harvey Rice, friend and relative of Governor Wood, a scholarly member of the profession, a finished writer, a legislator and father of the common school law of the state, his noble statue in Wade Park fittingly expresses the strength and paternal nature of his character. BRILLIANT, ELOQUENT AND VERSATILE SHERLOCK J. ANDREWS Sherlock J. Andrews, who was in active practice or public service from the time of his admission to the bar at the age of twenty-five until the day of his death (February 11, 1880), was, without dispute, the most eloquent, polished and versatile member of the Cleveland profession. His activities embraced more than half a century arid included a term in congress, commencing in 1840, membership in two constitutional conventions, those of 1849 and 1873, and the judgeship of the superior court of Cleveland from 1848 to 1853. One of his friends and professional associates, writing in 1889, says : "Although nearly ten years have elapsed since his death, it seems but as yesterday when, with dignity and grace, he stood before court or jury, delighting all around him by the logic of his argument, spiced with the aroma of his humor, or made pungent with a few grains of healthy sarcasm." JOHN W. ALLEN John W. Allen, admitted to the bar with Judge Andrews and Harvey Rice, did by no means measure up to their stature in years to come, although he was a leading railroad promoter when Cleveland sadly needed the iron ways, went to congress and subsequently served both as postmaster and mayor of the city. He died in 1887. MAYOR JOHN W. WILLEY John W. Willey, Cleveland's first mayor, was an able attorney for many years and early a judge of the circuit court. He first appears on the common pleas reeora in 1827. 1826-34] - BENCH AND BAR - 507 Up to 1835, the Cuyahoga bar was not burdened with an excess of lawyers, but there were probably enough to care for the business on the dockets. In that year, the term of the supreme court opened with Joshua Collet and Reuben Wood on the bench. Harvey Rice was appointed clerk, acting also in that capacity for the court of common pleas. HENRY B. PAYNE Of those who had entered practice in Cleveland shortly before, none made a higher record in public service than Henry B. Payne. He became a Cleveland lawyer in 1834 and soon thereafter formed a partnership with his early friend, Hiram V. Willson, formerly of Painesville. The latter afterward was appointed judge of the United States district court for the Northern District of Ohio. The professional partnership between Messrs. Payne and Willson continued for twelve years. Mr. Payne was one of the most active and prominent citizens of Cleveland, while his health allowed him to work. He was a member of the city council, on the first board of water commissioners, was a sinking fund commissioner and city clerk, a state senator in 1851, a congressman for the term commencing 1874, served on the Hayes-Tilden Commission and, in 1884, was chosen United States senator. He died in September, 1896. SAMUEL COWLES Samuel Cowles, a partner of Alfred Kelley, who practiced in Connecticut some fifteen years before he came to Cleveland (1820), died the year of his appointment as judge of the court of common pleas, in 1837. His mansion on Euclid Avenue, which he erected in 1833, was one of the noteworthy early landmarks of that thoroughfare. SAMUEL STARKWEATHER AND HORACE FOOTE The constitution of 1851 made a radical change in the common pleas judicial system. The state was divided into nine districts, each of which, except Hamilton County (which was made one district), was to be subdivided into three parts and presided over by a judge elected by the people. Cuyahoga County was made the third subdivision of the fourth district.. Samuel Starkweather, who had practiced at the local bar since 1828, was elected the first judge under the constitution of 1851, his term being for five years. Subsequently, he was mayor of Cleveland. 508 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII Horace Foote, who occupied the bench for twenty years, was elected under the act of March 11, 1853. He was severe, tenacious and honest, and, although not a man to whom the bar became affectionately attached, no lawyer failed to respect him. DURING THE CIVIL WAR PERIOD Thomas Bolton, long in partnership with Moses Kelley, served on the common pleas bench for some years before the civil war until about a year afterward, altogether a decade. At an early period, he was prosecuting attorney of the county. Jesse P. Bishop, a partner with Franklin T. Backus, was also an incumbent of the bench during a portion of the period. James M. Coffinberry, who came from Hancock County, served the five years' term, 1861-65. Early in his practice he had served as prosecuting attorney for Lucas County, and previous to his election to the. common pleas bench of Cuyahoga County had practiced for a decade in Hancock County. It is said that none of his decisions was ever reversed by a higher court. Judge Coffinberry obtained considerable distinction during his last year upon the bench by his charge to the jury, December, 1865, in the trial of Doctor Hughes for the murder of Tamzen Parsons of Bedford. RELIEF FROM OVER-CROWDED DOCKET During the civil war there were but two judges of the Cuyahoga County court of common pleas, who were able to meet the demands upon them, as the energies of the people were then absorbed almost wholly by military matters of vital concern. After the war, when the commercial and other enterprises of the country began to recuperate, the business of the courts so increased that the existing judicial force was entirely inadequate. SAMUEL B. PRENTISS Samuel B. Prentiss, who sat on the bench from 1867 to 1882, for three consecutive terms, was one of the most able and industrious judges of the court, and did all in his power to relieve this dire pressure upon its working capacities. He was the worthy son of that great Vermont judge, Samuel Prentiss, who long served as chief justice of the supreme court of his state, as United States senator and finally, until his death in 1857, as United States district 1861-74] - BENCH AND BAR - 509 judge. Judge Samuel B. Prentiss was educated in the schools of the Green Mountain State and under his father's thorough training, and when he opened a law office in Cleveland in 1840 his abilities were apparent even in a group of strong and aggressive lawyers. For twenty-seven years, he was an active and progressive practitioner in the city before ascending the bench in 1867, but upon his retirement from the common pleas court in 1882, at the age of seventy-five years, he withdrew from professional activities also. ROBERT F. PAINE In 1869, the legislature passed an act providing for one additional judge, which place was filled by Robert F. Paine until the expiration of his term in February, 1874. Mr. Paine had previously served as clerk of the court of common pleas and as United States district attorney for the Northern District of Ohio. He was a humane, genial and able gentleman and judge, but throughout his judicial career proved that strict justice was his governor. PRESIDENT GARFIELD'S SIGNIFICANT COMPLIMENT In Judge Paine's charge to the jury, in the case of the State vs. Gallantine, for the murder of Doctor Jones, in which the defendant set up the plea of insanity, Judge Paine sharply drew the lines of culpability to be tested by the evidence, and among the many complimentary notes received by him was the following from James A. Garfield (dated February 6, 1871) ; it is significant in view of the fate which was to overtake the president: "The whole country owes you a debt of gratitude for brushing away the wicked absurdity which has lately been palmed off on the country as law on the subject of insanity. If the thing had gone much further, all that a man would need to secure immunity from murder would be to tear his hair and rave a little, and then kill his man." SUPERIOR COURT ESTABLISHED Before the conclusion of Judge Paine's term in 1874, it became evident that even three judges could not overtake the business piling up on the dockets of the court of common pleas. The plan adopted was to revive the old superior court of Cleveland, established in 1847, and presided over during the five years of its existence, by its first and only judge, Sherlock J. Andrews. The new body was 510 - CLEVELAND AND ITS ENVIRONS [Chap. XXVII to try the civil cases covering the city only. So on the fifth of May, 1873, the legislature passed an act establishing the superior court of Cleveland, "to consist of three judges, who would hold their offices for five years and should have jurisdiction of civil cases only in the City of Cleveland, concurrent with the Court of Common Pleas of Cuyahoga County, and should not have jurisdiction in any criminal or bastardy cases, nor in applications for divorce and alimony, nor of applications for the benefit of the insolvent laws, nor of appeals of error from justices of the peace, Police or Probate court, nor to appropriate land or assessment of damages in behalf of municipal or other corporations." The act of 1869, increasing the number of common pleas judges to three, was repealed, thus leaving only two members of that court. The term of the three judges of the new superior court was to commence in July, 1873, and the "people's candidates," Seneca O. Griswold. James M. Jones and Gershom M. Barber went into office. COURT ABOLISHED AS INSUFFICIENT But the superior court of Cleveland did not ease the county dockets, especially as the panic of 1873 and the hard times which followed brought an appalling addition to civil procedures. Then in March, 1875, an act was passed by the legislature abolishing the superior court, the measure to take effect on the first of July following. Its business was to be transferred to the court of common pleas, the membership of which body was to be increased by four judges to be selected at the succeeding October election. At that election, two of the judges of the recently abolished superior court were chosen for the new court of common pleas, James M. Jones and G. M. Barber; the third member, Seneca O. Griswold returned to practice and, until his health failed, was recognized as one of the ablest members of the Cuyahoga County bar. SENECA O. GRISWOLD Judge Griswold, who was elected to the bench of the superior court in 1873, was a leader of the bar and a public man of prominence. He came to Ohio from Connecticut when eighteen years old and after graduating from Oberlin College returned to his native town of Suffield; after teaching there for a time, he located permanently in Cleveland to study and practise law. He was admitted to the bar in 1847; was sent to the legislature in 1861 and, while 1873-92] - BENCH AND BAR - 511 a member of that body., assisted in organizing the railroad sinking fund commission and Cleveland's paid fire department. During the year of his election as a superior court judge both Democrats and Republicans united upon him as a member of the constitutional convention. Judge Griswold was instrumental in establishing the Cleveland Law Library Association, of which he was president for many years. His last position of public trust was as a member of the city council. He retired from practice in 1888, after having been honorably identified with the profession for more than forty years. The personnel of the successive judges who have occupied the common pleas bench has been of a comparatively high order, as is evident from those already introduced through this narrative; and this superior standard has been maintained. For a period of twenty years following the election of Darius Cadwell, who succeeded Samuel B. Prentiss in 1873, there were successively upon this bench G. M. Barber, J. M. Jones, E. T. Hamilton and J. H. McMath, all in 1875 ; S. B. Prentiss, Darius Cadwell and E. T. Hamilton, all re-elected during 1876-80; Henry McKinney, G. M. Barber, S. E. Williamson and James M. Jones, 1880-83 ; John W. Heisley and E. J. Blandin, 1883; E. T. Hamilton, Henry McKinney, Carlos M. Stone, Alfred W. Lamson, George B. Solders, Wm. B. Sanders, E. T. Hamilton (reelected), Carlos M. Stone (re-elected), Alfred W. Lamson (re-elected), W. E. Sherwood, John C. Hutchins, from 1883 to 1892. WILLIAM E. SHERWOOD Judge Sherwood, whose term commenced in 1889, was born in Cuyahoga County. In 1874, two years after being graduated from the Columbia Law School in New York City, he located in Cleveland. At various times before ascending the bench he had served as a member of the city council, clerk of the board of improvements and first assistant city solicitor, and there were few members of the profession whose knowledge of municipal law was more thorough than his. This alone, had he no other good qualities, would have given him prestige on the common pleas bench. For the succeeding twenty years, or until the adoption of the constitution of 1912, the following were perhaps the best known, having served for more than one term : Alfred W. Lamson, Carlos M. Stone, Thomas K. Dissette, William B. Neff, Joseph T. Logue Thomas M. Kennedy, Theodore L. Strimple, George L. Phillips, Simpson S. Ford and Willis Vickery. 512 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII NOW TWELVE COMMON PLEAS. JUDGES According to the amendment to the state constitution adopted in September, 1912, "the judicial power of the state is vested in a supreme court, courts of appeals, courts of common pleas, courts of probate and such other courts inferior to the courts of appeals as may from time to time be established by law." Four sessions are held annually in Cleveland, in January, April, July and September. The judges of the court of common pleas are still elected for six-year terms and are paid salaries. An increase in their number depends upon the concurrence of two-thirds of the members of the legislature, and their removal is subject to the same action. From time to time, forced by the growing business of the court, the number of common pleas judges has been increased until it is now a dozen. Those serving upon the bench in the fall of 1918, with the dates when their terms expire, are as follows : Charles J. Estep, Martin A. Foran and Homer G. Powell, December 31, 1922 ; Thomas M. Kennedy, Manuel Levine, W. B. Neff and Willis Vickery, December 31, 1920; Robert M. Morgan, February 8, 1919 ; F. B. Gott, A. J. Pearson, George L. Phillips and Frank E. Stevens, December 31, 1918. Judge Estep was prosecuting attorney of the police court, first assistant director of law and first assistant city solicitor before he was first elected to the common pleas bench in 1906, serving until June, 1909. He was re-elected in 1910 and 1916. Judge Estep was a county commissioner at the time of the letting of plans for the new court house. Judge Vickery taught school and studied law under private tutors in his native Ohio before he went east and finished his legal studies in the law department of the Boston University. He was admitted to the Ohio bar in 1885, but did not locate at Cleveland for practice until 1896. He was elected one of the judges of the common pleas court in January, 1909, and is still on the bench. Judge Vickery is also head of the Cleveland Law School, which was consolidated with the Baldwin University Law School, of which he was one of the founders. Outside of his profession, he has a nation-wide reputation as an authority on Shakespeare, his library devoted to the English dramatist now numbering more than 3,500 volumes. It has been forty-five years in collecting, as his studies in this field commenced in his early youth. Judge Martin A. Foran was elected to the bench of the court of common pleas in 1910. His previous record of public service com- 1892-1918] - BENCH AND BAR - 513 prised his membership in the constitutional convention of Ohio in 1873, prosecuting attorney of Cleveland, 1875-77, and member of congress representing the Twenty-first district, then the city of Cleveland, 1883-88. He has either practised law, engaged in public affairs or sat upon the bench in Cleveland since. He was admitted to practice in the state courts in 1874 and to the supreme court of the United States in 1885. Judge Walter D. Meals, of the court of appeals for the Eighth Ohio District, received his non-professional education in his native Pennsylvania. In 1892, he was graduated from the law school of the University of Michigan and soon afterward commenced practice in Cleveland. Before ascending the bench, he held the office of county solicitor. Judge Meals's term expires in 1920. THE PROBATE COURT AND JUDGE TILDEN Under the constitution of 1802, the common pleas court had "jurisdiction of all probate and testamentary matters," but the constitution of 1851 created a separate body to adjudicate such affairs. Under its provisions, the probate court was to consist of one judge elected for three years. The constitutional amendment of 1905 extended his term to four years. Flavel W. Bingham was the first probate judge. He was elected in 1852 and served his term. Daniel R. Tilden succeeded him in 1855, and held the office by an unbroken succession of triennial elections for thirty-three years, when at the age of eighty-two he retired. His forceful, yet balanced and benevolent character, made him a valued, dependable and beloved jurist and an active and useful citizen. Judge Tilden was a pronounced abolitionist, but even in the days when intensely bitter quarrels over politics were the rule, he retained his hold upon the general esteem and affections of the public as long as he lived. The widows and orphans of a generation looked with confidence to Judge Tilden for sympathy and security in the hours of their bereavement and were never disappointed. Before coming to Cleveland, he had studied law with Judge Rufus P. Spalding at Warren, Trumbull County, and, at his. admission to the bar, moved with his preceptor to Ravenna. He was elected to congress in 1844 and served two terms in that body, but his most enduring monument for posterity slowly and surely arose during his long and unobtrusive service at probate judge of Cuyahoga County. HENRY CLAY WHITE Judge Tilden's successor, Henry C. White, served on the probate bench continuously from 1887 until his death in January, 1905. Vol. I-33 514 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII Judge White's record was also long and honorable. Outside the legal and judicial field his studies and activities had extended into a literary specialty, and be became widely known as as authority on polar explorations. The collection of "Arcticana" which he bequeathed to the Western Reserve Historical Society is unusually rare and complete. At the death of Judge White in February, 1905, Governor Herrick appointed Alexander Hadden to the probate bench. His record has been so good that, by successive reelections, he is still upon the bench, the term which he is serving not expiring until February, 1921. Judge Hadden commenced practice in Cleveland in 1875, and previous to his service on the probate bench had held the office of prosecuting attorney for a number of years. He haS also been on the law faculty of the Western Reserve University as a lecturer on criminal law, in which specialty he is high authority. THE CIRCUIT COURT By legislative act the fourteenth of April, 1884, the state district courts were abolished and the circuit court was substituted. In October of that year the first judges were elected, and on the ninth of February, 1885, the first sitting began. Under the first districting, the sixth judicial circuit of Ohio comprised Cuyahoga, Huron, Lorain, Medina, Summit, Sandusky, Lucas and Ottawa counties, and the judges represented in the first sitting of 1885 were as follows : Charles C. Baldwin, of Cleveland ; William H. Upson, Akron, and George R. Haynes, Toledo. In March, 1887, the sixth circuit was subdivided, and Cuyahoga, Summit, Lorain and Medina counties were formed into the eighth. There are three judges in each district, elected for six years, and while the constitution gives them "like original jurisdiction with the supreme court and such appellate jurisdiction as may be provided by law," the time of the circuit court is occupied almost entirely in hearing appeals. When the redistricting of the state occurred in 1887 Hugh J. Caldwell, of Cleveland, was elected to succeed Judge Haynes of Toledo. So that Judges Baldwin and Caldwell are of especial interest to Clevelanders. CHARLES C. BALDWIN Judge Charles Candee Baldwin was one of the most substantial lawyers, broad-minded judges, deepest historic and pre-historic 1884-1918] - BENCH AND BAR - 515 scholars and useful citizens that ever honored the city of Cleveland. That he was a man of wonderful system, as well as of untiring energy, is evident when the reader of his record considers what he accomplished in the sixty years of his life. He was a representative of one of those fine old English Connecticut families who sent so much good blood to Cleveland. When Charles C. Baldwin was five months old his parents moved to Elyria, Ohio, and there the father continued to labor as a respected merchant from 1835 until his death in 1847. The family then returned to Connecticut where the son completed 516 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII his education, being graduated from the Harvard Law School in 1857. As a student he showed the qualities which marked him in his subsequent career; high intellectual attainments, balanced by moral stability, not unmixed with a quiet humor which made him, to his intimates, a delightful companion. In March, 1857, soon after being graduated by Harvard Law School, the young man of twenty-two entered the law office of S. B. and F. J. Prentiss, Cleveland. The training he there received, both before his admission to the bar and afterward as a member of the firm, was invaluable. The firm of Prentiss (S. B.) & Baldwin, which continued from 1861 to 1867, was dissolved by the election of the senior member to the common pleas bench. Judge Baldwin afterward formed partnerships with F. J. Prentiss and Charles W. Prentiss, he having married the daughter of the latter in 1862. All three were sons of the famous judge and United States senator, Samuel Prentiss, of Vermont. Mr. Baldwin never was a candidate for any political or public office until he was elected circuit judge in 1884. The nominating convention was held in Elyria, his old boyhood home. During his practice he had become identified with such large corporations as the Cleveland Board of Underwriters, of which he served as president from 1875 to 1878. At different times, he was chosen director of four banks and was twice offered the presidency of a leading bank in Cleveland. Such connections, brought about by his unusual business and financial abilities, served him well when he ascended the bench, and there was probably never a circuit judge who was more thoroughly prepared, by previous' training and experience, to handle intelligently the practical problems of the day. Judge Baldwin had made a name for himself as a scholar and a writer long before his death in 1895 concluded his term as a circuit judge. As early as 1866, while vice-president of the Cleveland Library Association, he planned the founding of the 'Western Reserve Historical Society, which was formally organized in 1867. For many years he was its secretary, acting in close harmony with its president, Colonel Charles Whittlesey, a warm friend and a brother-spirit. At the colonel's death in 1886, Judge Baldwin was elected president of the society, which he was holding at the time of his death, in February, 1895. The deceased was a member -of many learned societies, historical, genealogical and archæological. He was also Doctor of Laws (Wesleyan University, 1892) and had been otherwise honored by various degrees; but his broad reputation and his real memorial rest on his fine record as a judge, his work as the founder of the 1884-1918] - BENCH AND BAR - 517 Western Reserve Historical Society, his contributions to historical and scientific literature, and his splendid character as a man. Judge Hugh J. Caldwell was a Trumbull County man, but he was graduated by the Cleveland Law College, and soon after his admission to the bar in 1871 began the practice of his profession in Kansas. He moved to Cleveland in 1875. At different times he was in partnership with William Mitchell and W. E. Sherwood and assumed his duties as judge of the eighth circuit in February, 1888. He occupied the bench until 1893. Since Judge Caldwell's term, the following members of the Cleveland profession have occupied the Circuit bench: John C. Hale, L. IL Winch and Frederick A. Henry. JOHN C. HALE Judge John C. Hale came to Cleveland in 1857, soon after being graduated from Dartmouth College, New Hampshire, taught school, studied law in Judge Prentiss' office and, after being admitted to practice in 1861, located in Elyria. There he became prominent in his profession and as a public man. In 1872, he served as a member of the constitutional convention and, in February, 1877, commenced his first term as a judge of the court of common pleas from Lorain County. After serving a year and a half of his second term, he resigned from the bench in 1883 and formed a partnership with W. W. Boynton, another prominent member of the bar from Lorain County who had already served several years on the state supreme bench. This connection continued for many years. In 1893, Judge Hale's solid abilities were recognized by his elevation to the bench of the circuit court, in which capacity he served for two terms, or until 1905. Judge Frederick A. Henry had been in practice at the Cleveland bar since 1891 when he succeeded Judge Hale in 1905. He resigned from the bench in 1912. THE MUNICIPAL, OR POLICE COURT Under the first city charter, which went into effect in 1836, the mayor enforced the ordinances against miscreants and the few criminal cases were gcnerally tried by the justices of the peace. But Cleveland waxed in wickedness, as in other ways, and when the municipal government was reorganized in 1853 the police court was one of its most important creations. In April of that year, John Barr, Whig, 518 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII was elected its judge, Bushnell White, on the same ticket, prosecuting attorney, and O. J. Hodge and Michael Gallagher, both Democrats, police clerk and city marshal, respectively. The officials named, considered as a body, composed the first police court of Cleveland. On the seventeenth of the month, Judge Barr took his seat behind a little low desk in the Gaylord block on Superior Street and rapped his court to order. At his right, with another small desk before him, sat Clerk Hodge, while a modest square table in front of the judge held the books and papers of Prosecutor White. City Marshal Gallagher hovered near ; he was supposed to be on his feet, alert, as the active representative of law and order. In a stern voice, the judge announced the formation of the municipal court, and the election and presence of all its officers. Considerable business came before the court. Five men were charged with "getting up a false alarm of fire" and four of them were fined, and half a dozen more were adjudged guilty of fighting, drunkenness and disorderly conduct and also punished by the imposition of fines. At other sessions, a variety of perplexing matters were brought before Judge Barr such as "selling unwholesome meat," "abusing his wife," "soliciting, guests drunk," "forestalling market," " fast driving," "kicking little girl," "abusing watchmen" and "breach of the peace by disturbing a ball at Kelley's Hall." Within a few months after the police court had been organized in the Gaylord block, a new station house had been built on Johnson Street near Water, and a second story added for the accommodation of the court ; and there its business was conducted for eleven years, or until the completion of the central station. With the growth of business an additional judge was elected. Before Judge Barr had completed his first term he became a candidate for county clerk and, in the fall of 1834, was elected to that position. Bushnell White, the prosecuting attorney, *as elected by the city council to succeed him. In 1855, the Citizens, or Know Nothing ticket elected as. members of the police court, Seth A. Abbey, judge; Albert Slade, prosecuting attorney, and David L. Woods, city marshal. Judge Abbey served a second term ten years later and a third in 1873-75. Mr. Woods proved the most efficient as well as the most unpopular marshal Cleveland ever had—not "enjoyed ;" for he arrested every offender, rich or poor, high or low in the social or political scale. There was an ordinance forbidding the village fire "machine" to use the sidewalks in its devastating rush for conflagrations. While Woods was in office, this necessary law was rankly violated to the great grief of the sidewalks and the righteous indignation of the 1853-1909] - BENCH AND BAR - 519 city marshal, who haled half the fire company into court and had them fined. As most of the best young men in town belonged to the volunteer fire brigade, the honest official struck at the pride of Cleveland right and left and everywhere. He was honest but not diplomatic. COLONEL O. J. JUDGE Colonel O. J. Hodge, the first clerk of the police court, lived to a venerable age and was highly respected. As late as April, 1909, he was writing to a friend: "I am now nearly eighty-one years of life and feel it is time to take a rest. Here I am president of the Early Settlers' Association, as I have been for the past six years, president of the Sons of the American Revolution for the third time, and the past week was made president of the Cleveland Humane Society. Truly I am still in the harness—not rusting out!" To this modest statement may be added that Colonel Hodge served in the Mexican war, going from Buffalo, New York. During the later years of his life, he was identified with the building and loan business as president of one of the large Cleveland companies. In the new station on Johnson Street the police court was made quite comfortable. On the ground floor, in front, was a general reception room used to "hook" offenders, while in the rear was the lock-up. There were two large rooms on the second floor, the front one occupied by the clerk of the court and the back room given over to the judge. The latter, and the city marshal also, had private quarters elsewhere. When Cleveland and Ohio City were consolidated, in 1854, the jurisdiction of the police court was extended over four more wards. The new police station on Champlain Street, completed in 1864,, was required by the general expansion of territory, increase of population and the normal accompaniment of lawlessness. The next station erected was on Detroit Street, West Side. Others followed and finally a second police judge was elected. Among the early judges not yet mentioned were Isaac C. Vail, A. G. Lawrence, E. Hessenmueller, J. D. Cleveland and J. W. Towner. Later came P. F. Young, George B. Solders (afterward judge of the common pleas court), John C. Hutchins and Frank H. Kelly. Cleveland's municipal court now comprises a chief justice (William H. McGannon) and nine judges. BANKRUPTCY COURTS AND REGISTERS During periods of financial stress or panic the bankruptcy courts have been active and important adjuncts to the federal system ; at 520 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII other times they have been quiescent and have almost died of inanition. Under the bankruptcy measure of 1867, Myron R. Keith served as register for the Northern District of Ohio until the repeal of the act in 1878, and during that period settled the estates of about one thousand bankrupts. Many interesting and not a few romantic cases came before him, and, at times, he had to play the part of a detective, in order to uncover concealed assets or other evidences of fraud. In the prosecution of one of these cases he was obliged to take a long night ride through the woods in midwinter, lying on the straw in a rough sled with Morrison R. Waite, one of the attorneys in the case who afterward became chief justice of the United States supreme court. Mr. Keith himself had studied law in Cleveland, and practiced in partnership with Harvey Rice, and alone, for twenty years before being appointed register. He was therefore well qualified for the office. But when the act was repealed and he resigned, both the United States district judge and the chief justice of the United States supreme court declined to receive his resignation, on the ground that neither was legally authorized to do so. As each of these high officials was humorously stubborn, Mr. Keith may be said to have had a life-tenure of the office. Under the national bankruptcy act now in force, Harold Remington was appointed by the federal district judge in 1898. He resigned in 1909 and Judge Robert W. Taylor appointed A. F. Ingersoll. In 1916, Mr. Ingersoll was succeeded by the present incumbent, Carl D. Friebolin, a lawyer who had already served in both houses of the Ohio legislature. THE INSOLVENCY AND JUVENILE COURT Through the efforts of the late Judge Thomas E. Callaghan, the useful, reformatory and beneficent work of two judicial bodies were united under one head, with the title given above, in 1902. The main steps leading to it have thus been described: The Juvenile Court is the latest development in our judicial system, and the Cleveland Court was the second to be established in the United States. It owes its existence, like so many of our fine civic enterprises, to the foresight and interest of Glen K. Shurtleff, for many years the general secretary of the Young Men's Christian Association. In 1901 he studied the conditions of the children in the jails of the county and began a movement through the Social Service Club and the Bar Association for the establishment of a separate court for children. When in the fall of 1901. Thomas E. Callaghan was elected judge of the Court of Insolvency he became interested in 1867-1918] - BENCH AND BAR - 521 the juvenile movement. With the added interest of the Chamber of Commerce a bill was drawn by Col. J. F. Herrick, then representing the city in the Senate, introduced the measure and guided it through the Legislature. Under the provisions of the act the judge of the Insolvency Court acquired jurisdiction over juvenile offenders. The first court was held on the Friday following the day on which the law went into effect. With the cooperation of numerous civic organizations and the enthusiasm of Judge Callaghan, the court immediately more than justified its establishment. Finding employment for the boys, the appointing of special guardians, the opening of a boarding home in 1903, the establishment of the boys' farm at Hudson (1903), the opening of a special detention. home in 1906, have all been steps toward the perfection of the work of this useful court. A comprehensive law was passed April 24, 1908, incorporating a number of provisions from the Colorado law. Judge Callaghan, whose wise and enthusiastic interest did so much to properly establish the court, died November 29, 1904. Judge Thomas H. Bushnell was appointed by the governor as his successor, and he served until November, 1905, when George S. Addams, the present incumbent, was elected. As slightly and outwardly indicative of the importance of this court, it may be added that as a body, headed by Judge Addams, it comprises eight clerks, one court constable, and one chief probation officer, with twenty-two assistants. CLEVELANDERS AS JUDGES OF THE HIGHER COURTS Such higher courts as the United States and the Ohio supreme courts and the Federal judiciary have included a number of Cleveland citizens who compare favorably with the judges drawn from any other cities in the country. CHIEF JUSTICE AND GOVERNOR WOOD As judges of the supreme bench were Samuel Huntington, 1803- 08; Reuben Wood, 1833-45; Rufus P. Ranney, 1851-56, 62-65, and Franklin J. Dickman, 1886-95. Samuel Huntington has already figured in these pages. Judge and Governor Reuben Wood was a native of Rutland County, Vermont, born in 1792, and when he came to Cleveland, in 1818, Alfred Kelley and Leonard Case were the only lawyers in the village. He was energetic, able and ingenious and from the first took rank as a successful jury lawyer. He was very direct both in his speech and address, but was honest and popular. After studying law in Connecticut and marrying, he came direct to Cleve- 522 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII land. In 1825, he was first elected to the state senate and served altogether three terms. He was elected presiding judge of the Third Judicial District in 1830 and three years afterwards was elevated to the state supreme bench, where he served until his resignation in 1845, the last three years as chief justice. Chosen governor in 1850, by 11,000 majority, on the Democratic ticket, the new constitution legislated him out of office, but he was reelected by more than twice his former majority. President Pierce appointed him consul to Valparaiso in 1853, and on his return from that mission he retired to his beautiful estate. in Rockport township, where he died on the second of October, 1864. RUFUS P. RANNEY Rufus P. Ranney was among the lawyers of distinction who practiced before the higher judicial bodies, in the earlier period of the Cleveland bar. He had gained a high reputation and held judicial office before locating in Cleveland. Judge Ranney was a resident of Warren when he sat in the constitutional convention of 1850 and was the last judge elected by the legislature under the constitution of 1802. In the following October, after the adoption of the constitution of 1851, in the formation of which he was so prominent, he was elected to the state supreme court by the people. He resigned from the bench in 1856 to enter a larger professional field in Cleveland. In 1862, while associated with Backus & Noble, he declined the candidacy for the supreme bench but was nevertheless placed on the Democratic ticket and elected. He resigned in 1865. In 1856, he was candidate for governor against William Dennison, but was defeated, although making a remarkably brilliant canvass. He was one of the founders of the Case School of Applied Science, and, during the last years of his life, held not only a firm place in the admiration and affection of his profession, but was esteemed one of Cleveland's leading citizens. FRANKLIN J. DICKMAN Justice Dickman was a Virginian, educated and admitted to the bar in Rhode Island. In 1858 he moved to Cleveland. He was elected to the Ohio legislature by the Union party in 1861, and was associated with Judge R. P. Spalding in practice from 1863 to 1875. Judge Dickman served as United States district attorney in 1867-69, and as a member of the Ohio supreme court commission in 1883-85. In 1853-1918] - BENCH AND BAR - 523 1886, Governor Foraker appointed him a judge of the state supreme court and in the following year he was elected to that bench to fill out the unexpired term of Judge W. W. Johnson. In 1889, the Republicans re-nominated him by acclamation and elected him to the six years' term which he completed. JOHN H. CLARKE Judge Clarke, who is now sitting on the bench of the United States supreme court, is in his sixty-second year. From 1897 to 1914, he was a leader of the Cleveland and Ohio bar, his earlier years as a practitioner, after his admission to the bar in 1878, having been passed in his native town of Lisbon and in Youngstown, Ohio. In 1903, he was a candidate for the United States senate against Mark Hanna. Judge Clarke served as United States district judge for the Northern District of Ohio in 1914-16. and in the latter year was called to the United States supreme court. UNITED STATES COURT FOR THE NORTHERN OHIO DISTRICT For nearly half a century, or from the adoption of the first state constitution in 1802 until 1855, the circuit and district courts of the United States for the state of Ohio held their sessions at Columbus. It was primarily the great expansion of the lake commerce and the growth of the -admiralty business, with necessary long and free quent journeys to the state capital, which made this arrangement unbearable both to lawyers and litigants. In 1855, Ohio was officially divided by congressional enactment into two districts; the line of division following county bounds as nearly as possible through the center of the state. Cleveland was designated as the judicial seat of the United States District Court for the Northern District, of Ohio, and in March, 1855, President Pierce appointed Hiram V. Willson, of Cleveland to preside over it. HIRAM V. WILLSON Judge Willson sat upon the Federal bench for more than a decade and during that period ably served the public in his judicial capacity, and also figured, as a strong and earnest citizen, in all the great questions which agitated the country. The court's docket immediately began to fill with a multitude of admiralty cases, while the counterfeiters who flourished along the canal furnished much business for the 524 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII grand jury. Cases arising out of the Fugitive Slave Law caused widespread excitement and, in 1859, the historic "Oberlin-Wellington case" * was tried before Judge Willson. Judges Tilden and Spalding were on opposite sides of the case. During the stirring times of the civil war he was one of the most powerful of the Union leaders and, with Judges Tilden and Spalding, could always be depended upon to support his patriotic principles to the limit. Judge Willson died in 1866. Bushnell White, who had been police prosecutor, was appointed by Judge Willson one of the first two United States commissioners, and Jabez W. Fitch, another resident of Cleveland, was the first United States marshal. After Judge Willson came Judges Charles Sherman, Martin Welker, William R. Day, A. J. Ricks, Francis J. Wing, Robert W. Taylor and D. C. Westhaver. Of that group, only Francis J. Wing was a graduate from the Cleveland bar. He is a Harvard graduate, served on the common pleas bench in 1899-1901 and as judge of the United States Court for the Northern District of Ohio from the latter year until his resignation in 1905. D. C. Westenhaver was appointed to the district judgeship on the fourteenth of March, 1917. PRESIDENT GARFIELD AND HIS SONS The Forest City has been the residence of a number of lawyers whose public services have so far overshadowed, or rather illumined, their professional attainments that they could hardly be enrolled in this chapter without applying to them some such explanatory phrase as the above. The lamented President Garfield had a legal education, and although he never practised in Cleveland, and his recognized home was mostly in Portage County, he was such a familiar figure in the Forest City that he was always claimed as one of its sons. His personal and political support was always so strong in the city that he was often referred to as "Cleveland 's President," and it seemed eminently appropriate that his magnificent memorial should be located at Lake View cemetery. Mentor, his old home, is now a suburb of Cleveland. Hiram, where he was president of the college, is connected with the city by trolley. In Cleveland the citizens gave to his widow a brick mansion on Prospect Street. Here were his political * See page 236. 1866-1918] - BENCH AND BAR - 525 headquarters during the presidential campaign and here in a stately mausoleum he lies buried. But it is extremely difficult to class President Garfield as a lawyer, although he was admitted to the bar in 1859. But not long after he resigned the presidency of Hiram College to take his seat in the Ohio state senate, and thereafter the people returned him to the public service so continuously that he never had an opportunity to enter the practice of the legal profession. President Garfield's two sons, however, Harry A. and James R. Garfield, actively practiced law for a number of years in Cleveland. James R. Garfield has served in the Ohio senate, as secretary of the interior under President Roosevelt, and previous to that time as a member of the United States civil service commission and United States department of labor. He lives at the old Mentor home, although his professional and business interests are in Cleveland. Harry A. Garfield, who practised law in Cleveland for about fifteen years, was long identified with Princeton and Williams colleges, and has been president of the latter for some years. As war fuel administrator under President Wilson he is showing great ability as an executive. JOHN HAY, DIPLOMAT, STATESMAN AND SCHOLAR Besides James R. Garfield, Cleveland has furnished another cabinet member to the country ; a character whose public and literary fame has obscured the realization that he ever delved in legal lore or mastered the principles of law. John Hay, the polished and learned diplomat, the able statesman, the original author and the warm friend and biographer of Abraham Lincoln, was a resident of Cleveland from 1875 to 1885. He was famous even among the Indiana coterie of noted men. Soon after being graduated from Brown University, he commenced the study of law at Springfield, Illinois, where he became the friend and associate of Lincoln. He ardently supported him during his first campaign for the presidency and, in 1861, after being admitted to the Illinois supreme court, became assistant secretary of state in the national administration. Mr. Hay was also identified with the Union military service and attained the rank of brevet colonel. For a number of years after Lincoln's death, he was prominently identified with the diplomatic embassies at Paris, Vienna and Madrid and, for some time before coming to Cleveland, was associated with Horace Greeley on the New York Tribune. During that period, however, he was first assistant secretary of state under Mr. Evarts and editor-in-chief of 526 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII the New York Tribune while Whitelaw Reid was absent in Europe. He also took a leading part, both as a writer and speaker, in the presidential canvasses of that period. Later, as ambassador to Great Britain, under McKinley and as secretary of state to succeed William R. Day he became an international figure. His name is most closely linked with the Hay-Pauncefote treaty, the "open door" policy in China, and the leader of the Occident against dismemberment of the Chinese Empire on account of the outrages perpetrated during the Boxer rebellion. As a literary man, he has earned a substantial and a varied reputation, his Castilian Days, Pike County Ballads, Jim Bludso, Little Breeches and Life of Abraham Lincoln (in collaboration with John G. Nicolay) marking him as an author of humor, in graphic character etching, and of solid attainments—the latter qualities being taken for granted. He has also been accredited with the authorship of a novel called the Bread Winners. While attending a reunion of his class at Yale, Mr. Hay was killed by an accidental fall, on the twenty-third of June, 1901. * NEWTON DIEHL BAKER President Wilson's secretary of war, Newton D. Baker, who has been one of his cabinet leaders and a prominent international figure since the United States entered the world's war, is a West Virginian in his forty-ninth year. He commenced practising law at Martinsburg in 1897, moved to Cleveland in a few years and served as its city solicitor from 1902 to 1912. Secretary Baker was recognized as a deep student and thinker and a successful lawyer of high ideals and yet sound business talents, and his record in the Wilson cabinet since he entered it in March, 1916, has been an open book. He has been criticized, as have all progressive men in high public life, but his work as secretary of war, past and future, will be the final reply to his critics. CALLED TO THE UNITED STATES SENATE Three of the four citizens of Cleveland who have been called to the United States senate have been lawyers. In 1805, Stanley Griswold was appointed secretary of the Territory of Michigan under Governor Hull, as well as collector of the Port of Detroit. He came from Connecticut. Several years afterward he resigned and located * See portrait on page 441. 1900-18] - BENCH AND BAR - 527 near what was then Doan's Corners, Cleveland township, now well within the city. When Edward Tiffin resigned his seat as United States senator in 1809, Mr. Griswold was appointed to serve his unexpired term, a portion of one session. The Hon. Henry B. Payne, who served in the United States senate from 1884 to 1891, has already been mentioned in this chapter. From 1883 to 1893, Cleveland was the Twenty-first Congressional District, and the portion of Cuyahoga County outside its limits was assigned to the Twentieth District. The city was represented during that period by Martin A. Foran and Theodore E. Burton. The Hon. Theodore E. Burton, long one of the leading public men of Ohio, but since January, 1917, president of the Merchants' National Bank of New York, was a lawyer and a resident of Cleveland for more than forty years. That period includes, of course, his service as a member of congress from the Twenty-first Ohio District,. in 1889-91 and 1895-1909, and his term as United States senator, in 1909-15. He was a Republican of national leadership, and the Ohio delegation supported him for the presidency in 1916. Mr. Burton's writings have naturally dealt with public and political problems and include the following: Financial Crises and Periods of Industrial and Commercial Depression, Life of John Sherman and Corporations and the State. JUDGE AND GOVERNOR HUNTINGTON The Cleveland bar has furnished three governors; only two, if Samuel Huntington is barred from the group. Judge and Governor Huntington held many offices and lived in several localities, his most permanent home being on his farm at Painesville. He came to Cleveland in 1800, having located his family at Youngstown. In 1803, Amos Spafford built him a residence of hewn timber on his lot on Superior Street. It overlooked the river valley, and during the few years he lived in it was the most pretentious "mansion" in town. But it was too near the "frog pond" and, in 1806, he purchased the mill at Newburg and lived in that locality about another ycar. He also had acquired a fine estate at Painesville; so that it was sometimes difficult to determine exactly where Mr. Huntington's "voting place" was. He represented Trumbull County in the first constitutional convention and the first state legislature; in 1803, he was appointed the first member of the first state supreme court, and resigned from the bench in 1808 to become governor and served in that office one term, 1809-10. He then retired to his Painesville estate, where he died in 528 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII 1817. So that the claim to classing him as a Cleveland lawyer rests upon the years of his residence at Doan's Corners and Newburg, 1803-07. With Reuben Wood, the third lawyer to settle in Cleveland, the reader has become acquainted. He was governor under two constitu tions in the early '50s, and was a resident of Cleveland for more than thirty years. MYRON T. HERRICK Myron T. Herrick has been both governor and diplomat. He comes of an old Massachusetts family transplanted to Lorain County, Ohio, where he was born. Educated in Ohio, he was admitted to the bar in 1878, and, after practising for eight years, retired to become connected with the Society for Savings, of which he was elected president in 1894. He has been at the head of its affairs continuously since, except that during his term as governor of Ohio he occupied the specially created position of chairman of the board. Since 1888, lie has been a member of all the national Republican conventions except those of 1900 and 1912, when he was in Europe. In 1900, he was a presidential elector-at-large, and in the same year was appointed a member of the Republican national committee from Ohio. He refused the secretaryship of the treasury in President McKinley's cabinet, and the ambassadorship to Italy, tendered by both Presidents McKinley and Roosevelt. In November, 1903, he was elected governor of Ohio, and in February, 1912, President Taft appointed him ambassador to France. On his departure from Paris in December, 1914, several months after the outbreak of the world's war, he was decorated by the French government with the Grand Cross of the Legion of Honor. None who know Ohio need be told that Governor Herrick has been one of the most stalwart of the home leaders in the support of the World's war, his speech at Cleveland, upon the occasion of the observance of Bastile Day, being as eloquent and impressive as anything of the kind which has marked his public career. GOVERNORS LOOSELY IDENTIFIED WITH CLEVELAND David Tod, the second war governor, was a lawyer and lived in Cleveland in 1864-65. In 1863, he purchased the Hilliard mansion, corner of Bond and St. Clair streets, and lived therein for more than a year. Although a member of the profession, Governor Tod practised little, and none at Cleveland, as his time during the period of his 1864-1918] - BENCH AND BAR - 529 family's residence there was absorbed in his pressing gubernatorial duties connected with the civil war, and his official residence was at Columbus. The Cleveland residence was purchased by Cæsar Grasselli, the chemical manufacturer and banker, and has long been known as the Grasselli mansion, although more recently occupied by the Associated Charities. Even in times of peace, Governor Tod was not a general practitioner, but devoted most of his time to his large business interests, including the Briar Hill coal mines at Youngstown. He died in that city on the thirteenth of November, 1868. Governor George Hoadley was the son of that fine old 'squire and mayor of the same name and passed his youth and early manhood in Cleveland. In 1849, the family moved to Cincinnati, soon after the senior George Headley had concluded his term as mayor. In that city the future governor commenced the practice of the law. LAWYER CONGRESSMEN FROM CLEVELAND It was not until 1837 that the people saw fit to call upon the Cleveland bar for a congressional representative; and he was worthy of the selection. John W. Allen had been a resident of the city for twelve years, having come from Litchfield, Connecticut, in 1825. Having studied law with Judge Samuel Cowles and been admitted to the bar, his energy, refinement and honorable character soon won him a firm place in the confidence of the home community, which his two terms in congress strengthened and extended. Before going to Washington, he had served as president of the village board of trustees and as a member of the Ohio senate and, in 1841, soon after his return, was elected mayor of the city. He served one term. Mr. Allen was one of the first bank commissioners of Ohio and active in building the first railroad, and in the early '70s served two terms as Cleveland's postmaster. He died in October, 1887, more than fifty years after the commencement of his first congressional term. In 1837, Cuyahoga County was in the Fifteenth Congressional District. The learned, polished and eloquent Sherlock J. Andrews was the congressman from Cuyahoga County in 1841-42. Edward Wade, a prominent member of the local bar and member of the firm of Willson, Wade & Wade, served from 1853-60, Cleveland then being in the Twentieth District. The year after Mr. Wade entered congress, Hiram V. Willson, senior member of the firm, was appointed United States judge for the Northern District of Ohio. Albert G. Riddle, who ranked with such as Rufus P. Spalding, Franklin T. Backus and D. R. Tilden among the strong Cleveland Vol. I-34 530 - CLEVELAND AND ITS ENVIRONS [Chap. XXVII lawyers, succeeded Mr. Wade as congressman from the Twentieth District. He served in 1861-62. During the following decade, Cleveland was in the Eighteenth District, and in 1863-68 was represented by Rufus P. Spalding. The city was then returned to the Twentieth District, in which it remained during 1873-83. During that period, Cleveland's representatives in congress, who were members of the bar, were Richard C. Parsons and Henry. B. Payne. RUFUS P. SPALDING Rufus P. Spalding was one of the masterly men and lawyers who at an early day, and especially during the civil war period, made Cleveland noted as a progressive and patriotic city throughout the United States. He was a graduate of Yale College and enjoyed thirty years of distinction at the bar of Connecticut before he came to Cleveland, his professional honors culminating in the East by his elevation to membership in the supreme court of that state. Judge Spalding was, as a matter of course, a leader in all professional and public matters from the time he settled in Cleveland, in 1852, as a partner with Richard C. Parsons. In 1862, at the age of sixty-two, Judge Spalding was elected to congress, where he served for six years in the troubled periods of the rebellion and reconstruction, with ability and patriotic ardor. In his Cleveland home city he was an unfaltering and eloquent supporter of Free-soil principles and Unionism. He was a terse and graceful writer, as well as a polished and powerful orator and an earnest and energetic citizen of two states far separated by distance but quite similar in the characteristics of their people. RICHARD C. PARSONS Richard C. Parsons, who was in congress in 1873-75, who had been practicing at the Cuyahoga bar for more than twenty years, had served in various municipal positions and two terms in the legislature as a pioneer Republican. He had also been consul to Rio de Janeiro in the first Lincoln administration, collector of internal revenue and marshal of the supreme court of the United States. While in congress, he was directly instrumental in securing the life-saving service at Cleveland and its lighthouse, and in inaugurating the improvement of the Cleveland breakwater. Soon afterwards he ventured, with indifferent success into the newspaper field, as editor and principal owner of the Cleveland Herald. For a number of later 1852-1918] - BENCH AND BAR - 531 years he creditably held the position of bank examiner and continued his practice. The masterful abilities of the Hon. Henry B. Payne, congressman in 1875-76, have been noted. The portion of Cuyahoga County outside of Cleveland which was in the Twentieth District was represented in congress by Vincent A. Taylor in 1891-92. Among the Cleveland lawyers who represented the city west of the river in the Twentieth District after 1893 were Clifton B. Beach and Paul Howland. The county is now divided into the Twentieth, Twenty-first and Twenty-second congressional districts, which are all represented by lawyers—William Gordon, Robert Crosser and Henry J. Emerson. Mr. Gordon was formerly in practice at Oak Harbor, served as prosecuting attorney of Ottawa County and, as a leading Democrat, has been a delegate to one national convention and been for years a member of the state central committee. Robert Crosser, Democrat, is a Scotchman, who has practiced in Cleveland for about seventeen years, and while a member of the state house of representatives became the author of the Municipal Referendum Bill, passed by the legislature of 1911. He was also a member of the fourth constitutional convention of Ohio, held in 1912. Congressman Emerson, Republican, who is serving his second term, has practised in Cleveland since his admission to the bar in 1893. He served one term in the city council. Of the ten delegates from Cuyahoga County to the state constitutional convention of ]912, besides Congressman Crosser, two were Cleveland lawyers—John D. Fackler and Aaron Hahn. Both of the Democratic congressmen, Gordon and, Crosser, were defeated for renomination in 1918. THE CLEVELAND BAR ASSOCIATION In even some of the larger cities the organization composed of the members of the local bar stands for little more than a loose association, the meetings of which are held only to pass resolutions of eulogy or condolence; but the Cleveland Bar Association has always been an active body, upholding the high standard of its membership, which now numbers about seven hundred practising lawyers. It was formed on the twenty-second of March, 1873, at the law library room of the old court-house, and John W. Heisley, then a leading lawyer of nearly twenty years standing, and a former city attorney, was chosen chairman. Mr. Heisley served as common pleas judge in the '80s, and was a popular official as well as a good Democrat. Among the well known lawyers who then and there signed the call which resulted in the 532 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII formation of the Cleveland Bar Association were S. J. Andrews, G. E. Herrick, James Mason, H. C. White, John J. Carron, R. P. Spalding, S. O. Griswold, John C. Grannis, John W. Heisley, P. H. Kaiser, E. J. Estep, J. M. Henderson, Virgil P. Kline, Lyman R. Critchfield, Henry C. Ranney, James M. Jones, Stevenson Burke, Homer B. De Wolf, Samuel E. Williamson and Lewis W. Ford. Its first officers were: President, Sherlock J. Andrews; vice-presidents, James Mason, John W. Heisley and John C. Grannis ; recording secretary, Virgil P Kline; corresponding secretary, Lyman R. Critchfield; treasurer, G. M. Barber. The present officers of the Cleveland Bar Association are: P. L. A. Lieghley, president; Ralph W. Edwards, treasurer, and E. A. Binyon, secretary. LAW LIBRARY ASSOCIATION The Law Library Association was completely organized in January, 1870, more than three years before the Bar Association was formed. The movement started a year before, the necessity of gathering a professional library open to all members of the local profession having long been recognized. S. O. Griswold was elected first president of the Law Library Association and W. J. Boardman vice-president, the first contributions of books being made by President Griswold R. P. Spalding, Loren Prentiss, W. S. C. Otis, John C. Grannis, Benjamin R. Beavis, E. J. Estep, Samuel Williamson, S. E. Williamson and I. Buckingham. In 1872, through Judge Griswold's efforts, the legislature passed a bill by which $500 was annually drawn from the police court fund for the benefit of the library. This measure was a great aid to the enterprise in its early years, as was the provision in the constitution by which those who contributed $500 either in books or money should be entitled to life membership. In the '70s, both Judges Griswold and J. P. Bishop took advantage of the provision. At a later period, G. M. Barber, who was secretary and treasurer for many years, proved a skilful and industrious buyer of books for the library in eastern markets, and, in 1885, his invaluable services also brought him a life membership in the association. In 1888, the library of the late Franklin T. Backus was presented to the association by his widow and, in the following year, the collection of the late Judge H. V. Willson was added by purchase. Other accessions were made from time to time, until the library now numbers 38,000 volumes. 1870-1918] - BENCH AND BAR - 533 THE CROWELL LAW SCHOOL The legal profession of Cleveland is proud of its schools, which have been established for the education of the fraternity. Attempts were made in 1843 and 1851 to establish law schools in Cleveland, and, in 1857, the Union Law College, which had been organized at Poland, Ohio, was moved to this city under the leadership of Judge Chester Hayden. J. J. Elwell and W. P. Edgerton assisted him as instructors. At the opening of the civil war, the latter went into the army and left Judge Hayden to carry on the college alone. This he did successfully for several years, but his age prevented him from sustaining the continuous and increasing burden of responsibilitics, and, in the early '60s, he disposed of the enterprise to General John Crowell. The latter earned his title by a faithful service and steady advancement in the Ohio militia, rising to the rank of major-general. He had practiced law and been identified with the Western Reserve Chronicle at Warner, Trumbull County, had served in the state senate and later in congress. He was a strong Whig and his Democratic opponent in the campaign of 1850, which carried him into the congress, was R. P. Ranney. After his retirement from congress, he resumed his law practice and continued it until he became the head of the Ohio State and Union College at Cleveland. It became best known, however, as the Crowell Law School and reached a high standard. When failing health and old age compelled General Crowell to relinquish his work in 1876, the school was closed. Its sessions were held in the Rouse block. THE CLEVELAND LAW COLLEGE The Cleveland Law College was incorporated on the fifth of January, 1882, and its first board of trustees consisted of Rufus P. Ranney, president; Amos Denison, secretary and treasurer; E. T. Hamilton, S. E. Williamson, C. E. Pennewell, George T. Chapman, J. D. Cleveland, Virgil P. Kline and Jarvis M. Adams. The college did not actually open—that is, the preliminary course of lectures—until the winter of 1885-86, with Judge E. J. Blandin as dean. R. P. Ranney delivered the course on constitutional law ; S. O. Griswold, on pleadings, common law and equity; W. W. Boynton, on domestic relations; G. M. Barber, on corporations, and General M. D. Leggett, on patent law. A mock court was held weekly, students having access to the law library. The Cleveland Law College thrived for a number of years. 534 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII THE FRANKLIN T. BACKE'S LAW SCHOOL In 1892, a law department of the Western Reserve University was organized. In the following year, on the promise of Mrs. Backus, the widow of the old and honored member of the Cleveland bar and leading citizen, to endow the school with $50,000, the name was changed to the Franklin T. Backus Law School of Western Reserve University. After some years in temporary quarters in the Ford House, at the corner of Euclid Avenue and Adelbert Road, and in Adelbert Hall, the school was moved, in 1896, to the present building on Adelbert Road. The Franklin T. Backus Law School is honored by its name. Doctor Backus was a graduate of Yale and one of the most cultured of the pioneer members of the bar. What is more, he was earnest, straightforward and forceful. When he came to Cleveland from the East, in 1836, he had not been graduated in law, but from the classics of Yale. For a number of years he conducted a preparatory school for boys which earned a high reputation, as its principal had both the faculty of imparting instruction and of instilling a sense of the importance of character in the earning of success, When he entered the practice of law, he had already acquired a substantial standing in the community, and in the pursuance of his long legal career he never lowered his standard as a fine gentleman, a thorough scholar, a learned lawyer and a Christian. In 1854, he was placed on the Cleveland commission which was appointed to arrange the consolidation with Ohio City, and within the few years which preceded the civil war arrayed himself with the Free soilers and the founders of the Republican party. In 1859, he was one of the group of leading Cleveland lawyers who defended the Oberlin rescue party in the famous slave ease, and was always foremost in all the movements which sustained the patriotic name of the city. No lawyer has ever practised at the Cleveland bar whose abilities were more solid, whose mind was broader or more judicial, and whose character was purer, than Franklin T. Backus. THE CLEVELAND LAW SCHOOL The Cleveland Law School, of which Judge Willis Vickery, of the common pleas court, has been dean since its inception, is the outgrowth of two institutions. In the summer of 1897, was established the Baldwin University Law School, at Berea, Ohio, Judge Vickery being identified with its founding also. About the same time, the Cleveland Law School was incorporated, F. J. Wing, who was ele- 1836-1918] - BENCH AND BAR - 535 vated to the Federal bench a few years afterward, being among its founders. In the summer of 1899, the two institutions were consolidated under the name of the Cleveland Law School of Baldwin University, with Willis Vickery as dean. SOME OF THE EARLY PRACTITIONERS Stevenson Burke had been a judge of the court of common pleas in an adjoining county for several years before coming to Cleveland. In 1869, he located in the city and formed a partnership with F. T. Backus and E. J. Estep. Mr. Backus died in 1870, and Judge Burke subsequently formed other partnership connections. He was one of the most successful corporation lawyers who ever practised at the Cleveland bar. General Mortimer D. Leggett was one of the leaders of the Cleveland bar who had earned a national fame before he became one of its honored citizens. He commenced the practice of his profession in New York and in. the late '40s located at Akron, Ohio, and organized there the first system of free graded schools west of the Allegheny Mountains, under what became known throughout the West as the Akron school law., For a number of years, he also practised in Warren, Trumbull County. During the civil war, he advanced through all the officers' grades to the rank of major-general, and was afterward appointed by President Grant commissioner of patents, as he had for years been gradually getting .into patent law. At the conclusion of his four years' service in Washington, he located in Cleveland, where he was acknowledged as one of the foremost patent lawyers in America. Colonel John F. Herrick, for seventeen years a prominent member of the the Cleveland bar and an honored Union soldier and public character, was identified with some phase of Ohio history throughout his life. A native of Lorain County, he passed six years in the inspiring atmosphere of Oberlin College, from which he was graduated in 1862. He at once added to the fame for sturdy patriotism which that institution had already earned, by the part which he took. As a captain of infantry he was captured by the Confederates at Harpers Ferry; paroled, he came to Cleveland, studied law and was admitted to practice in 1863; was notified that, by exchange of prisoners, his parole had been canceled, and he was again free and finished the war as a major and lieutenant-colonel of cavalry. Afterwards he entered into practice with his brother, G. E. Herrick, and formed other connections with leaders of the bar, earning a high reputation as a trial 536 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII and corporation lawyer. In the fall of 1901, he was elected state senator by a large majority, and among other important bills which he fathered and had the satisfaction of sceing placed on the statute books was that establishing the juvenile court of Cleveland. What volume of good that institution has brought to the lives of parents and children alike can never be adequately measured. Naturally, the colonel was deeply interested in all matters of a military and patriotic nature. He was commander of the Brough Post, No. 359, G. A. R., for many years prior to his death and always active in the Loyal Legion. He also wrote much on Ohio military matters. His lamented death occurred on the fifth of July, 1909. John G. White has practised continuously in Cleveland since May, 1868. He is a native of the city, born in 1845, was educated at the Cleveland high school and the Western Reserve University ; studied law with his father, Bushnell White, and was admitted to practice in 1868. Mr. White is therefore a real Cleveland product. He has been prominent as a corporation lawyer and is one of the best informed men in the profession. Mr. White is also widely known for his interest in and his knowledge of Oriental literature, of which he has presented several thousand volumes to the Cleveland Public Library. John M. Henderson's practice dates from 1864, and he has passed his entire professional life in Cleveland. He has been associated with several leaders of the bar and is now senior member of Henderson, Quail, Siddall & Morgan. Mr. Henderson is prominent in business and financial institutions, as well as in his own profession, and is also serving as president of the board of trustees of the Case School of Applied Science. A more extended personal sketch of this veteran of the bar, who materially contributed to the correctness and completeness of this chapter, will be found in another volume of this history. The late Virgil P. Kline, whose death occurred in January, 1917, was also of the veteran class of practitioners. He was an Ohio man, born in Wayne County in 1844, and in his young manhood a stanch Douglas Democrat. Mr. Kline prepared for college at the Eclectic Institute, in Hiram, and was graduated from Williams College. During several subsequent years he served as superintendent of schools at Cuyahoga Falls and was admitted to the Ohio bar in 1869. After his admission, he was in active and successful practice in Cleveland for nearly half a century. He never abandoned his Democratic principles, and was several times mentioned by his party in connection with the governorship. Peter H. Kaiser is one of the veterans of the Cleveland bar. He 1868-1918] - BENCH AND BAR - 537 is now in his seventy-ninth year and commenced practice in Cleveland in 1869, then in his twenty-ninth year. Mr. Kaiser is of a prominent Swiss family of Mennonites, and his parents were members of the historic Moravian Church at Gnadenhutten, Pennsylvania, and in that neighborhood he taught school before he had reached his majority. He then moved to Oberlin and, in August, 1867, was graduated from the college there, he having paid his living and educational expenses by teaching. Mr. Kaiser had entered Oberlin College in the spring of 1860, but like all its best young men, joined the Union army and did his part in upholding the Union. As stated, in 1868, about a year after his graduation from college (having during an intervening period served as Elyria's superintendent of schools) he located in Cleveland. He then studied law, was graduated from the Cleveland Law College and, in 1869, was admitted to the Ohio bar. Since that year he has practiced continuously. The only public positions he has held in Cleveland were those of assistant prosecuting attorney in 188182 and county solicitor in 1894-1902. He has served as trustee of Oberlin College and lectured before the law department of the Western Reserve University. Mr. Kaiser has been honored with several degrees by his alma mater, Oberlin College, and the State and Union College of Law, at Cleveland. In 1901, he was admitted to the bar of the supreme court at Washington, upon motion of James R. Garfield, son of the former president. This occasion called him to the national capital for the first time since 1864, when he was 'a private Union soldier assisting in the defense of Washington against the attack of Early's Confederate army. Mr. Kaiser believes that the Cleveland bar was at its zenith when he came to the city in 1868, and that at no time since Judge Samuel B. Prentiss and Horace Foote constituted the active judges of the common pleas bench has its average been as high. David K. Cartter, who came to Cleveland from the interior of the state a few years before the civil war, was a rather successful jury lawyer for some time. Early in Lincoln's first administration he was appointed judge of the supreme court of the District of Columbia and was still on that bench at the time of his death in 1887. A number of women lawyers have successfully practised at the Cleveland bar, the professional pioneer of her sex being Miss Mary P. Spargo. She is a native of Cleveland, born in 1856 ; a desultory course of reading in which Blackstone figured awakened in her a desire seriously to adopt the law as a profession.. In 1882, she entered the office of Morrow & Morrow, Cleveland lawyers, at their suggestion, to carry out that 'ambition. Even forty years ago, the prejudice 538 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVII against receiving women into the ranks of the profession was strong. In the earlier period of her practice the principal drawback to her practical advancement was the impossibility of obtaining a commission as notary public, the statute allowing the appointment of women to that office having been declared unconstitutional. In 1885, she was admitted to practice by the supreme court of Ohio and opened an office in Cleveland. In the following year she married W. D. Fraser, of Cleveland. In speaking of her experiences, Mrs. Fraser once said to a friend: "I have spoken of difficulties, and there have been such, but I believe they have been only those that are incident to pioneer work in any direction, and could not have been avoided. Certainly they have not been the result of any lack of cordiality and courtesy on the part of the Cuyahoga County bar. For the interest, encouragement and confidence in which my fellow workers have never failed toward me, I am heartily grateful. I count myself fortunate, also, in having the confidence of my women clients, both personally and professionally. It is a good thing to have the confidence of good women." CHAPTER XXVIII PHYSICIANS AND THEIR INSTITUTIONS By H. G, Cutler The physicians and surgeons of Cleveland have fixed a high standard for their fraternity everywhere. It is often difficult to determine which is cause and which is effect; the two are often so blended that there really is no sharp division. The local fraternity has always been noted for a hearty co-operation through various societies, educational institutions and charities, which has had a characteristic tendency to make them progressive and broad. Their liberality, their professional and often literary education, their scientific attainments, often gained from contact with the greatest American and European masters, first led to the establishment of such agencies, and, once founded, many of them have so expanded in usefulness and educational power as to become, in turn, real character-builders for all who have participated in their development. To illustrate these points, it is but necessary to review briefly the public work of some of the leaders of the profession in Cleveland, a large and vital part of which has been the founding of the societies, the schools and colleges, the hospitals and other institutions which have given the city a high standing among American municipalities. FIRST PHYSICIAN IN CLEVELAND First of his profession upon the local scene was Dr. Theodore Shepard, who accompanied the Cleaveland surveying parties of 1796 and 1797, attended to the ailments of its members and the few villagers, during the few months that he was in town, and then returned to the East. The fine distinction has been made that Dr. Shepard was the first physician in Cleveland, although not the first physician of Cleveland. FIRST PHYSICIAN OF CLEVELAND That distinction rests with Dr. David Long, who received his medical education in New York City, located in the village in 1810, - 539 - 540 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVIII opened an office in a little frame building on the site of the future American House, and in the following year—such had been the good impression he had created—married the daughter of Postmaster and Collector of Revenue John Walworth, one of the most popular men in Cleveland. Dr. Long, perhaps, took his cue from his father-in-law, for while he continued to be the leading physician of the place for years after other members of his profession arrived, he became broadly prominent in public affairs. Before 1820, he had been elected a member of the first village board of trustees, had assisted in founding the Commercial Bank of Lake Erie and the Cleveland Pier Company, and,- although a Presbyterian, had joined in the organization of Trinity Episcopal parish—all pioneer institutions. Afterward, he served as county commissioner and president of the village corporation, was a strong promoter of the Ohio Canal, became president of the Anti-Slavery Society in 1837, and at his death, on the first of September, 1851, no citizen of Cleveland had become more honored than Dr. Long. In all matters connected with his professional work, such as the fierce campaigns against cholera and the general sanitation of the young town, it was assumed, as a matter of course, that Dr. Long would lead. PLEASING TALES Many "pleasing" anecdotes are told regarding the doctor's early experiences in Cleveland, and some of the old settlers always insisted that his professional identification with the Indian murderer 0 'Mic was in that class of stories. The details of the murder and execution have been given * and would, in any event, be passed over to reach the point in the narrative where Dr. Long comes into the tale. The Indian criminal was only twenty-one, but very fat and heavy, and the rope which was to hang him broke in the midst of a storm which swept the public square. The crowd dispersed and at night Dr. Long, Dr. Allen and some other doctors who had been drawn thither, picked their way among the stumps and bushes, having obtained permission of the sheriff, fully to investigate the body and be sure that DO life remained in it. Convinced of the Indian's death, the next problem was how to remove the body. As' Dr. Allen was the strong man of the party, he allowed the corpse to be placed on his back, and the procession started for the banks of the lake where the body was to be deposited. But Dr. Allen was hardly thus saddled when he fell over a stump, with the bulky body on top of him. The doctors * See page 94. 1812] - PHYSICIANS, ETC. - 541 dared not laugh outright, as, although the sheriff knew of their mission, the villagers did not, and such an informal proceeding was intended to be kept secret. It was, but only after much painful self-repression. But Dr. Allen was relieved and the Indian's corpse was left on the banks of the lake well out of town. There the soft parts were allowed to decompose and the bones were collected and articulated by Dr. Long. That was in 1812. Does this pleasing narrative end here? Hardly. In the following year a number of the sick and wounded troops of Hull's unfortunate command were sent to the stockade on the lakeshore at Cleveland, called Fort Huntington. Capt. Stanton Sholes, who was in command, was stricken with fever and ague and called at Dr. Long's house for treatment. While waiting for him he had an attack of the "shakes" and Mrs. Long requested him to go upstairs and lie down. The captain stumbled up, slipped off his coat and boots and fell on the bed. Captain Sholes himself wrote the sequel : "When I awoke and came to myself, I smelt something very sickening. Turning my face to the wall, my face partly on the bed, I was struck almost senseless by an object on the floor between me and the wall, my face partly over it. It was a human skeleton, every bone in its place, the flesh mostly gone. I gazed at the bones till I verily thought I was dead, and that they had buried me by the side of someone who had gone before me. I felt very sick which aroused me from my lethargy, and I found that I was alive and had been sleeping alongside a dead man. As soon as I recalled where I was, I reached the lower floor in quickstep, giving Mrs. Long a fright to see me come down in such haste. She very politely apologized for her forgetfulness. The season before there had been an Indian hung for the murder of a white man, and I had the luck to sleep side by side with his frame, not fully cleaned." OTHER PIONEER PHYSICIANS OF CLEVELAND Dr. Donald McIntosh, the second physician to locate at Cleveland, is said to have been skillful, but is known to have been too convivial to uphold a substantial reputation either in his profession or the community. He was also proprietor of the Navy House. From all accounts he was popular and, in 1828, was elected president of the District Medical Society, comprising the professional membership of Cuyahoga and Medina counties. Six years afterwards, he was fatally injured in a moonlight horserace on Buffalo Road, now Euclid Avenue. 542 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVIII In 1820, Dr. Elijah Burton settled in the adjoining town of Euclid, and he and his son and his grandson made the family name honored in the community for at least three score years and ten. Most of the early physicians, like Dr. Israel Town and Dr. L. F. W. Andrews, were also proprietors of drug stores, and at times announced through the local press that they would donate their professional services if prospective patients would buy the necessary drugs at their places of business. NINETEENTH MEDICAL DISTRICT SOCIETY The history of this pioneer organization of the physicians and surgeons of Cuyahoga, Medina and other counties may be traced for about twenty years. On the fourteenth of January, 1811, the legislature divided Ohio into five medical districts, each district being entitled to three censors. In 1812, the state was divided into seven medical districts, with Cuyahoga in the sixth, and in the following year the two measures were combined in one act. From 1813 to 1824, the number of districts and of censors was changed from time to time. In the latter year, the state was divided into twenty medical districts, each district society to elect from three to five censors who were to act as examiners, or licensers, to pass upon the applications of those who desired to practice in their territory. The counties of Cuyahoga and Medina were made to constitute the Nineteenth Medical District. Up to that year Drs. David Long, N. H. Manter, George W. Card, Bela B. Clark, John M. Henderson and Donald McIntosh appear to have been the leaders in the affairs of the medical societies. In May, 1824, the society of the Nineteenth Medical District was organized by the election of the following officers: David Long, president; Bela B. Clark, vice-president; William Baldwin, secretary ; John M. Henderson, treasurer ; George W. Card, .John Harris and William Baldwin, censors. From 1824 until 1832, Doctors Long, Clark, McIntosh, Elijah De Witt and Joshua Mills served as presidents of the society, but after the latter year, or about the time that Asiatic cholera swept through the Cleveland district, the organization sinks from historic observation. FIRST PROMINENT HOMEOPATHIC PHYSICIAN The physicians on the local board of health organized to fight the epidemic comprised Drs. E. W. Cowles, Joshua Mills, Oran St. John and S. J. Weldon. Doctor Long, then a member of the village board, was a leader in the movement. When, in 1832, the steamboat 1832-44] - PHYSICIANS, ETC. - 543 "Henry Clay" arrived at Cleveland, on her way to Buffalo, loaded with cholera-stricken, it is said that Doctor Cowles not only attended its victims in port but accompanied them to their destination. In a few days he returned to Cleveland, greatly to the relief of his friends, who had looked upon his departure as his death warrant. Although Doctor Cowles practised for a few years in Detroit, he was a practising physician and surgeon in Cleveland for more than twenty years, and was highly respected. He was among the first of his profession to embrace homeopathy. Dr. Joshua Mills had been a resident physician about a year when he was chosen a member of this first board of health to combat the plague and unsanitary conditions at Cleveland. He was afterward president of the city council and twice mayor, and died in 1843. Dr. Erastus Cushing, a Massachusetts physician, arrived in 1835, and for fifty years. was a healer and a household comforter to hundreds of Clevelanders; and several generations have since continued his fine family name and professional reputation. ORGANIZATION OF CLEVELAND MEDICAL COLLEGE In 1844, the medical department of Willoughby (Ohio) University was moved to Cleveland. Drs. Jared P. Kirtland, John Delamater and J. Lang Cassels, who had been members of its faculty resigned their chairs, came to the Forest City and organized the Cleveland Medical College. Two or three years afterward the building was completed on the corner of St. Clair and Erie streets, known as the Farmers' block. About the time the Cleveland Medical College was opened here Professor Ackley, in a surgical case, administered ether to a patient, which was the first time it was used in Northern Ohio as an anesthesia. Although the patient shouted. and struggled as his leg was being amputated he stated, after the operation, that he had not suffered. The original faculty of the Cleveland Medical College comprised the following, embracing most of the physicians of that period who were noteworthy leaders in the profession : Drs. John Delamater, professor of midwifery and diseases of women and children; Jared P. Kirtland, professor of the theory and practice of medicine; Horace A. Ackley, professor of surgery ; John Lang Cassels, professor of materia medica; Noah Worcester, professor of physical diagnosis and diseases of the skin ; Samuel St. John, professor of chemistry ; Jacob J. Delamater, lecturer on physiology. 544 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVIII COLLEGE OF PHYSICIAN'S AND SURGEONS The old Cleveland Medical College ran along as a united institution until 1863, when Dr. Gustave C. E. Weber, who, several years before had succeeded Doctor Ackley as professor of surgery, resigned his chair and organized the Charity Hospital Medical College. In 1869, this became the medical department of the University of Wooster. In 1881, when the Western Reserve University was organized at Cleveland, an effort was made to unite this medical department with the former Cleveland Medical College which had been consolidated with the Western Reserve University. The effort was unsuccessful and in 1896 the school severed its connection with the University of Wooster and became the medical department of the Ohio 'Wesleyan University, under the title of the Cleveland College of Physicians and Surgeons. The building now occupied was completed in 1900. ACADEMY OF MEDICINE In the meantime the members of the profession in Cuyahoga County had again organized. In April, 1859, they had formed the Cuyahoga County Medical Society, which appears to have been dissipated by the wholesale exodus of its members during the civil war times. Then in 1867 the Cleveland Academy of Medicine was organized, which was absorbed by the Cleveland Medical Association, and which, in turn, was consolidated in 1874 with a second Cuyahoga County Medical Society. A list of its presidents for the period of its independent existence will include many of the leading physicians of 1874-1902. It follows : Drs. John Bennett, T. Clarke Miller, Frank Wells, C. F. Dutton, P. H. Sawyer, W. J. Scott, C. C. Arms, W. O. Jenks, E. D. Burton, H. K. Cushing, I. N. Himes, H. H. Powell, J. D. Jones, Dudley P. Allen, Wm. T. Corlett, A. R.. Baker, II. J. Herrick, H. E. Handerson, O. B. Campbell, W. A. Knowlton, F. E. Bunts, C. J. Aldrich, C. A. Hamann and J. P. Sawyer. In May, 1902, the Cuyahoga County Medical Society was merged with another Cleveland Medical Society to form the present Academy of Medicine of Cleveland. THE MEDICAL LIBRARY The Society of the Medical Sciences of Cleveland, organized in 1887, was established largely to found a medical library. Dr. H. K. Cushing was its president during most of its life. In 1894, it turned 1850-1908] - PHYSICIANS, ETC. - 545 over $2,000 which remained in its treasury to the recently formed Cleveland Medical Library Association, and that fund laid the foundation of the library to which various societies have since contributed. For more than twelve years the medical library has been in its own building. CLEVELAND SCHOOL OF PHARMACY The Cleveland School of Pharmacy was the outgrowth of a movement inaugurated in 1882 by the Cleveland Pharmaceutical Society. To arrange a course of lectures for the benefit of drug clerks and apprentices, a committee of three of its members was appointed consisting of E. A. Schellentrager, Edward Classen and Hugo Linden. The lectures proved so popular that a regular faculty and school were soon organized. The school was incorporated in 1886, but did not commence to confer the regular degree of Ph. C. upon it graduates until 1896, when it was completely reorganized with Mr. Schellentrager as president. In 1904, it was again reorganized, when E. A. Schellentrager, its founder, resigned, and was succeeded by L. C. Hopp. The School of Pharmacy became affiliated with the Western Reserve University in 1908, and has since been known as its pharmaceutical department. THE PIONEER HOMEOPATHS The homeopaths obtained an early foothold in Cleveland and numbered some able and popular representatives of the profession. The brave services of Dr. Edwin M. Cowles during the cholera epidemic of 1832 have been noted. Dr. R. E. W. Adams, Dr. Daniel O. Hoyt and Dr. John Wheeler were also pioneer practitioners of that school. THE HOMEOPATHIC INSTITUTIONS By the year 1850, they had become so strong that they organized the Western College of Homeopathy at Cleveland, with the following faculty : Drs. Edwin C. Wetherell, professor of anatomy ; Lansing Briggs, professor of surgery ; Charles D. Williams, professor of institutes of homeopathic medicine ; Alfred H. Burritt, professor of gynecology and obstetrics; Lewis Dodge, professor of materia medica ; Hamilton H. Smith, professor of chemistry; John Brainard, professor of physical science. Vol. I-35 546 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVIII Lectures were first held in a building on the southeast corner of Ontario and Prospect streets, and it was there, in 1852, that the college rooms were raided by an ignorant mob who had been led to believe that a dissected subject had met with foul play in the flesh. The institution purchased a large building on Ohio Street known as the Belvidere and, after remodeling it, occupied it for sixteen years. In 1857, the name was changed to the Western Homeopathic College; in 1868, the College purchased the Humiston Institute and added a hospital to its facilities, reorganizing as the Homeopathic Hospital College. In 1890, the Cleveland Medical College split from the parent body, which occupied its large new home on Huron Road in 1892. In 1897, the breach was healed, as it had been many years before between the mother body and the Homeopathic College for Women. The homeopaths also organized the Cuyahoga County Homeopathic Society as early as 1848 and among its presidents appear such well known names as Drs. S. R. Beckwith, T. P. Wilson, George H. Blair, H. F. Biggar, H. B. Van Norman, G. J. Jones, J. H. Stevens, David H. Beckwith, F. H. Barr, and A. L. Waltz. CLEVELAND HOSPITALS The hospitals of Cleveland, which now number about twenty, are maintained by the city, the state, and the general government, by private corporations and by various religious denominations. They are both benevolences and professional educators, affording vital relief to the suffering and means of clinical investigations to the physicians and surgeons of the community. The first hospital on the site of Cleveland was erected by Capt. Stanton Sholes in 1812, when he was placed in charge of the sick and incapacitated American soldiers who were sent to this point from Detroit. It was dignified by the title of "military hospital," as was the shack on Clinton Street, erected by the young municipality of Cleveland in 1837, called the "city hospital." The latter was gradually transformed into a city infirmary for both the insane and infirm poor, furnishing also clinical instruction to the physicians of the day. As early as 1837, a site of nine acres, at Erie and Lake streets, was purchased by the United States government for a marine hospital. Construction was not begun until 1847, and the hospital was not opened until 1852. In 1875, the hospital was leased to the City Hospital Association for twenty years, although certain wards were 1852-96] - PHYSICIANS, ETC. - 547 reserved for the use of the government. With the expiration of the contract in 1896, the administration of the affairs of the Marine Hospital was resumed under the direction of the government surgeons. In 1852, the legislature authorized the erection of an asylum for the insane in Newburg and the building was completed in 1855. It was destroyed by fire in 1872, but rebuilt at once in a more substantial manner, and it has since been enlarged and improved into the modern institution known as the Cleveland State Hospital. Its site has long since been absorbed by the municipal area, a portion of its grounds being sold to the city in 1896, to add to Garfield Park which lies immediately to the southeast. Charity Hospital (St. Vincent's), on Twenty-second Street, corner of Central Avenue, was commenced in 1863 by the Roman Catholic bishop of Cleveland, but not completed until 1866. It is a general hospital open to all. It was during the civil war, also, that the Home for the Friendless opened a little hospital in a private dwelling on Lake Avenue nearly opposite the present Lakeside Hospital. At the close of the war the organization which operated the hospital was maintained for other charitable work and incorporated as the Cleveland City Hospital. From that corporation sprung the Willson Street Hospital Association which was supported by prominent physicians of both the regular and homeopathic schools of medicine. But the homeo- 548 - CLEVELAND AND ITS ENVIRONS - [Chap. XXVIII paths soon withdrew and established their own hospital, buying, as has been stated, the Humiston Institute for that purpose. The organization then resumed its original name, the Cleveland City Hospital. It leased the old Marine Hospital in 1875, but in 1889, when the municipal authorities decided to erect a real city hospital, the corporation which was sailing under that name abandoned its old title and assumed that of the Lakeside Hospital. It opened its new building east of the old Marine Hospital, between Twelfth and Fourteenth streets, in January, 1898. St. Alexis Hospital, at Broadway and Fifty-second Street, was organized in 1884 by the Roman Catholics, under the immediate superintendence of the Sisters of St. Francis. The large building now occupied was completed in 1897. St. John's Hospital on Detroit Avenue was organized in 1892, especially for the benefit of the West Side, and was an offshoot of St. Alexis. The City Hospital was first erected on the grounds of the infirmary in 1889. It is now located on Scranton Road. St. Clair Hospital was established in 1891 at 4422 St. Clair Street, to meet the needs of Northeast Cleveland. The German Hospital on Franklin Avenue has been in operation since 1893, and the Lutheran Hospital, on the same thoroughfare, since 1896. 1873-1910] - PHYSICIANS, ETC. - 549 The Maternity Hospital, on Cedar Avenue, was organized by Bishop Gilmour in 1873, and was the first lying-in hospital established for the poor of the Forest City. In 1910, the larger and more modern institution of the same nature, St. Ann's Asylum and Maternity Hospital, was opened on Woodland Avenue. St. Luke's Hospital, which is under the management of the. Methodist Church, was established in 1908. It is located at Carnegie Avenue near East Sixty-sixth Street. There are also the Detention and the Tuberculosis hospitals at Warrensville; the Emergency Hospital on East Fifty-fifth Street ; the Eddy Road, Glenville, Huron Road and Lakewood hospitals. The city pesthouse was moved from the grounds of the City Hospital, on the lake front, in 1903, to the city farm in Warrensville. The old building "downtown" was then converted into a tuberculosis hospital, which in 1906 was likewise moved to Warrensville. From time to time, within the past twenty years, training schools for nurses have been organized in connection with the hospitals, and their members and graduates have contributed to the comfort and restoration to health of thousands of patients both in the institutions which they attend and the private families to which they are sent. Cleveland has seven of these training schools, the first one being established by the City Hospital in 1.897. A FEW REPRESENTATIVE PHYSICIANS Besides the representative physicians and surgeons of Cleveland, dead and living, who have already been mentioned, there are others who have attained prominence ; some have earned national reputations both as practitioners and investigators. The sketches which follow by no means exhaust the list, and are therefore presented simply as representative of the fraternity. Dr. George W. Crile, professor of clinical surgery of the Western Reserve University from 1900 to 1911, stands high as a practitioner, an investigator and an author. His literary education was obtained at the Ohio Northern University and after being graduated in medicine from the Wooster University, Cleveland, he was identified with that institution, from 1889 to 1900, in connection with the chairs of histology, physiology and surgery. During that period he also pursued special courses in Vienna, London and Paris. His investigations and publications have earned him a number of exceptional honors and prizes, and he is a fellow of the leading societies of the