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283 - CARROLL AND HARRISON COUNTIES CHAPTER XIII BENCH AND BAR FIRST TERMS OF COURT-EARLY COURTROOMS--EARLY JUDGES- SPECIAL TERM S OF COURT-FIRST JURY EMPANELLED-EARLY AND LATER ATTORNEYS- AT-LAW- PRESENT ATTORNEYS-PRESENT COURTS. From a chapter on the "First Courts" in Dr. S. B. McGavran's "Brief History of Harrison County" (1894) it is learned that "The first courts of Harrison County were held at the houses of Thomas Stokes and William Grimes. Permanent arrangements were made at a meeting of the county commissioners, April 12, 1813, when they entered into an article of agreement with the trustees of the Associate Reform Congregation in Cadiz, for the use of a meeting house belonging to said society for the term of three years, for the purpose of holding judicial courts in and for said county. At a meeting of the commissioners October, 1815, this article of agreement was renewed with John McFadden and John Jamison, trustees, for the use of the meeting house for the term of three years, or until the courthouse for said county shall be finished. The first term of court was held in the house of Thomas Stokes, May 3, 1813. This special term had but little business before it. The second term of court for Harrison County was held August 24, 25 and 26. Judges, Hon. Benjamin Ruggles, president, and James Roberts, Samuel Boyd and Ephriam Seers, Esquires, associate judges in said county of Harrison. The court appointed Walter B. Beebe, prosecuting attorney for the State of Ohio. The court also ordered that Walter B. Beebe be allowed the sum of $33.33 for his services as prosecutor for the said August term of court. The following grand jurors appeared: Andrew McNeely, foreman; William Smith, Tachery Baker, William Mercer, William Hamilton, Samuel Gilmore, William Moore, Thomas Hitchcock, John McConnell, William Conwell, Richard McKibben and John Taggart. "On motion of Mr. Beebe, who produced to the court the credentials of William Knox, a minister of the Methodist Episcopal Church, satisfying the court that the said Knox had been regularly ordained as minister in said church according to the usages thereof, the said Knox was licensed to solemnize marriages in the state so long as he, the said Knox, continues a regular minister in said church. The court ordered a license be granted to John Adams, to keep tavern at his place of residence in Nottingham Township for one year ; also to William Grimes, Mr. Middie, Mr. Niel and Mr. Maholm, to keep tavern in Cadiz. "The first jury was drawn and empanelled as follows : John Paxton, Samuel Osburn, Jonathan Seers, Robert Croskey, Samuel Dunlap, James McMillen, Samuel Huff, David Barrett, John Clark, 284 - CARROLL AND HARRISON COUNTIES, Andrew Richey, James Porter and Benjamin Johnson. The grand jury returned one indictment for larceny, four for riot and seven for assault and battery." WALTER B. BEEBE THE FIRST LAWYER OF THE COUNTY The following is a copy of a letter written by Gen. Walter B. Beebe, the first lawyer of this county : Cadiz, County of Harrison, State of Ohio, February 14, 1813. Honored Parents : I take this opportunity to inform you that I am well and m good spirits. Since I left home I have become tolerably well acquainted with the science of traveling. I started from St. Clairsville (the place from which I wrote you) on or about the first of December and took a convenient route through the middle section of this state, a route of about five hundred miles. The more I get acquainted with this part of the country the more I like it. It is certainly the best land I ever beheld. Judge Ruggles went with me to Chillicothe, the seat of government, at which place the legislature was then sitting. I got acquainted with Governor Meigs and many of the members of the legislature who seemed very friendly to young men emigrating to this part of the country. Governor Meigs is a Yankee from Middletown, Connecticut. At Chillicothe, I was examined by the judges of the supreme court of this State and admitted to practice as an attorney and counsellor at law in the several courts of record in this State. I found a good many counties in my route which I thought would be good places for an attorney, but was induced to settle in this, the county seat of Harrison County, from the following considerations, to-wit : Notwithstanding this county was set off and organized when I was in Chillicothe, yet eit is an old settlement and the settlers are generally rich. The inhabitants of this county and counties adjoining, have but few Yankee settlers, but settled by Virginians, Pennsylvanians, Germans, Scotch, and Irish who are more litigious and quarrelsome than the Yankees are and pay their money more freely. There is no lawyer in this county and I have the assurance of being appointed States attorney which will be worth eighty a year and will be attended with but little trouble and yery little inconvenience to other business, being only barred in criminal prosecution from appearing against the State of Ohio. This county is so situated that there are five other counties within one day's drive of it and it is the practice in this State for lawyers to practice in adjoining counties. It is the healthiest part of the State and the water is good. These, together with other considerations have induced me after having been a bird of voyage for three months, to pitch on this place for my permanent home. This town is about twenty miles from the Ohio River, about seventy miles from Pittsburgh and sixteen miles west of St. Clairsville. It is the shire town of the county, and will soon be a populous town. I think my prospects are as good as a young man can reasonably expect, and I have no fear if I have my health. CARROLL AN D HARRISON COUNTIES - 285 I am in a land abounding in very many of the good things of life. I have seen good pot turkey weighing twenty pounds, sell for twenty-five cents, hens and chickens six cents. Money is very plentiful in this State, probably more plentiful than usual, owing to its being near the Northwestern Army. I remain your dutiful son, WALTER B. BEEBE. To Capt. Stewart Beebe, Wilbraham, Hamden County, Massachusetts. Walter B. Beebe, the first attorney in Harrison County, Ohio ; took an active part in the organization of Harrison County; rode with the court ; built the first brick house and office in Cadiz ; became quite wealthy ; when he died he provided for the faithful horse that carried him on his trips the same as he did for his children. Died in Cadiz. Chauncey Dewey, a lawyer of ability ; organized the Harrison Branch Bank, now the Harrison National Bank, and in his latter days turned his exclusive attention to banking, He died in Cadiz. Edwin M. Stanton, practiced law in Cadiz several years ; became a member of President Lincoln's cabinet ; was of a rugged, sterling character. He and Hon. John A. Bingham were usually pitted against each other in law. Samuel W. Bostwick was a trial lawyer of ability ; keen witted on what was and was not needed in a case ; became common pleas judge and died in Cadiz after serving as judge for years. Samuel A. Russell was known as a skillful trial lawyer, keen witted and a ready hand at whist. Stewart B. Shotwell, Sr., was a keen analytical lawyer ; always in real estate cases or will contests which seemed his specialty; became the representative of the Ohio State Bank and turned his attention to banking and the loaning of money ; became wealthy, and died at Cadiz. He was the father of Judge Walter G. Shotwell. Josiah Scott was a quiet lawyer, who knew what to do and when to do it. Did not specialize but was a splendid counsel. Joseph Sharon was known as a careful man, always safe ; looked upon by the people as the safest man to prepare important papers. Jesse H. McMath was a careful, close student ; practiced in Cadiz for a few years ; married a Cadiz girl ; moved to Cleveland; became judge and died in that city. Lewis Lewton was one of the natural lawyers of the county ; came to Cadiz ; boarded himself and did his own cooking, washing and mending while he studied law ; worked at night for the people of the town to make what little money he needed ; admitted to the bar and became the keenest of our trial lawyers, rarely ever losing a case; in later years he moved to California ; became converted in a Methodist meeting and preached the Gospel until his death. Josiah M. Estep was a trial lawyer ; his practice was large and extensive; he was the leading Democrat of the county and was often nominated for Congress against his friend Bingham, but was never elected. In the days of the Tilden-Hayes controversy in 1876, Mr. Estep did more than any man in the county to allay feeling of war talk. He was able and conservative. He is the father of Judge 286 - CARROLL AND HARRISON COUNTIES Charles J. Estep of Cleveland and William G. Estep of Tacoma, Washington. He died in Cadiz. John A. Bingham practiced law here many years and as his biography appears elsewhere it only need be stated that he was a celebrated member of Congress. His monument stands on the corner of the Cadiz public square—he was a strong abolitionist and one of his sayings is inscribed on the above named monument. David Cunmngham was born in this county; studied law in Cadiz ; admitted to practice in the courts here ; became a major in the Civil War and was discharged brevetted major-general ; practiced law as a safe adviser in Cadiz ; was prosecuting attorney ; became president of the Harrison National Bank on the death of Chauncey Dewey and turned his attention in later years to banking; after retiring from the bank and from law practice because of age, he was elected to the last constitutional convention in Ohio; died in Cadiz. John S. Pearce was born in this county ; schooled here; studied law in Cadiz, and admitted to the bar ; practiced law here until he went to the army and became colonel of the Ninety-Eighth regiment; was wounded in the Civil War; after his discharge and recovery from his wound, resumed the practice of law ; became common pleas judge; was known as a fair man, always looking for the justice of a case; died in Cadiz, Ohio; was also a prominent Mason and Grand Army of the Republic member. Was also prosecuting attorney ; also served as mayor of Cadiz for years. Amon Lemmon was a lawyer of ability and always safe; he became prosecuting attorney ; was elected probate judge and served therein twenty-seven years. Died in Cadiz, Ohio. Milton Taggart, son of James Taggart, of near Beech Spring in Green Township ; raised on a farm ; studied law in Ann Arbor, Michigan; practiced law in Hopedale, and in later years in Cadiz; was a splendid office lawyer and people trusted Milton Taggart ; died in Harrison County. David A. Hollingsworth was born in Belmont County, Ohio, at Flushing; studied law in Cadiz, and married a Cadiz girl; was a gun soldier in the Civil War from its beginning to its end; became prosecuting attorney; was a hard trial lawyer ; served three terms in Congress and at the age of eighty years is still in active practice in Cadiz, his wife and children being dead. John N. McGarvin another Civil War veteran; born in this county; taught in the country schools and Cadiz high schools; studied law after he came home from the war in which he was severely wounded and from which cause he died July 4, 1897; became prosecuting attorney, served two terms therein, and later served an appointive term ; was prominently mentioned for Congress and would have been chosen had be permitted the use of his name ; buried in Cadiz. Walter G. Shotwell, born in Cadiz, and of all the county lawyers was the first born town boy ; schooled in Franklin College and Yale; studied law under his father, Stewart B. Shotwell, Sr., and in Yale; became prosecuting attorney and served five years; resigned ; practiced law until 1898 and was chosen common pleas judge and served 287 - BINGHAM MONUMENT, CADIZ 288 - CARROLL AND HARRISON COUNTIES. fourteen years ; turned his attention to literature and wrote the life of Hon. Charles Sumner. He is still living in Cadiz, Ohio. Albert 0. Barnes is one of the early school teacher attorneys of this county ; superintendent of schools for years; studied law tinder Pearce and Busby; admitted to the practice and has a large and extensive practice yet. He is an able advocate. James Moore was a Civil War veteran; taught school for years ; went to the war as a private in the Ninety-Eighth regiment ; served until wounded; resumed teaching after the war; admitted to the bar and was elected sheriff ; practiced law until his death; was mayor of Cadiz for a number of years. He was never married. John Busby was born in Archer Township, this county; schooled in Scio College; taught school and studied law under John S. Pearce; admitted to practice; is known as a strong advocate and for the versatility of his pleadings and arguments. He is still in practice. John B. Worley, born in Athens Township ; schooled in Franklin College ; studied law under Major Cunningham in Cadiz ; admitted to practice ; was mayor of Cadiz ; was probate judge two terms ; assumed practice of law with D. A. Hollingsworth ; elected and still serving as common please judge. Parks W. Boggs, born in Shortcreek Township, this county, on a farm ; schooled in Franklin College ; practiced law in Idaho for a while ; then moved to Cadiz where he continued to practice law until elected probate judge ; served two terms ; then elected president of Fourth National Bank which position he held until he removed to Columbus, Ohio, where he died. OTHER ATTORNEYS The following lawyers of the "old school" were known in the county though they did little more than advise, rarely ever trying a case in the courts : Thomas Bingham who was associate judge of the common pleas court. James Howard who learned law over a shoe bench, he in youth being a shoemaker, like a former vice president. He was "Squire" Howard to all the town's people for forty years. Henry Lacey, who loved agriculture like an old king of Judah, and turned his attention thereto, discarding the law. L. B. Williams, of Freeport, who preferred preaching and being editor of the Freeport Press to the practice of law. Allen C. Turner who was a quiet lawyer, and was the second probate judge of Harrison County, Ohio. Allen W. Scott, who was clerk of courts for two terms, went into the mercantile business and died on a farm ; he did not like the practice of the law. William S. Cessna, admitted to the bar; married a Cadiz girl ; forsook the law to become a banker, at which he worked until the merger of the First National Bank and Farmers and Mechanics National of Cadiz ; still lives retired in Cadiz. CARROLL AND HARRISON COUNTIES - 289 Samuel G. Peppard, father of Samuel G. Peppard the artist, was a Cadiz lawyer for a few years ; removed to Steubenville, then to Pittsburgh ; was a man of much ability. Thomas L. Jewett, practiced law in Cadiz for a few years; removed to Steubenville, then to Pittsburgh ; became president and counsel for the old Steubenville & Indiana Railroad, now the Pennsylvania system. William P. Hayes, who practiced a few years, married a daughter of Walter B. Beebe, removed to Coshocton and there died. John C. Given, born near Laceyville, graduated and taught in Scio College, admitted to practice, elected prosecuting attorney two terms, removed to Canton, Ohio; now resides at West Virginia, in Charleston. Thomas Roche, born near Harrisville, taught school for years after graduating at College; admitted to the practice of law; removed to Coshocton, where he died. John M. Welsh, the doctor-lawyer, born in the county and schooled therein, admitted to the practice of medicine, studied law and was admitted to the bar ; opened his offrces in Deersville, but turned his attention mostly to medicine ; died at Deersville several years ago. David Barclay studied law and admitted to the bar, and removed to Tuscarawas County, Ohio, where he died. John O. Dickerson, born in this county, graduated in Franklin College; turned his attention to theology ; superintended a Presbyterian mission school in Oklahoma ; came east, studied law under W. T. Perry and was admitted to the bar; practiced law for years in Cadiz ; removed to Wyommg where he died. Alexander Scott, a lawyer, who was born near and lived in Scio all of his life; admitted to the bar and practiced law in the county until his death. Martin J. McCoy, born in Athens Township on a farm; schooled in the local schools and at Franklin College; taught school, nominated and elected clerk of the courts, held offrce two terms, admitted to law practice and died shortly after. He was the father of H. R. McCoy, county surveyor. Evan B. Kirby, born in Carroll County, married in Harrison County ; went to Civil war and served throughout the same ; studied law at Ann Arbor, Michigan ; practiced in Scio, Ohio; elected clerk of courts and served two terms ; practiced with B. A. Hollingsworth in Cadiz thereafter till his death. Prior to 1840 these lawyers practiced in the county, but little is now known of them: M. Wright, M. Root and W. C. Gaston. William H. Host, born in the western' part of the county; taught school and was a Civil war soldier; edited a newspaper at Bowerston; admitted to the bar and practiced law until his death at Bowerston, Ohio. Rupert R. Beetham, son of Rev. John Beetham, taught school after graduating at Scio College ; studied law under W. T. Perry at Cadiz ; elected to the legislature for four terms and is now speaker of the House; he attended the Ohio State University, laying the ground 290 - CARROLL AND HARRISON COUNTIES, work for an able scholar in the legal profession. In a business way it may be stated that he is president of the Fourth National Bank, Cadiz. Lamphear H. Scott, son of John Scott, of Cadiz ; graduated in Johns Hopkins law school; admitted to practice ; turned his attention to jewelry business; elected to the legislature for three terms ; resides at Cadiz ; is well versed in Constitutional law. Robert H. Minteer, born in Harrison County ; graduated at Hopedale College; taught school in the county ; studied law, admitted to the bar ; is a strong trial lawyer with his office now in Cleveland, Ohio. David McCall, of New Athens, Ohio, is an old school lawyer, who had a large and extensive practice; now leads a retired life at New Athens. George 0. Canaga, born in Scio ; graduate of Scio College; admitted to the bar and practiced in Scio until he went into the postoffice of that village which position he still holds. Charles Pearce, admitted to practice in 1885, son of John S. Pearce, practiced at Cadiz for a few years ; removed to the west for his health and died there. William T. Perry, son of an old Civil war veteran ; born in this county ; attended the public schools of his native county; taught for fifteen years and organized the Jewett High School ; admitted to the bar in 1887; elected prosecuting attorney and served two terms; is now serving on his third term as probate judge. Charles E. Allison, a graduate of Hopedale College, studied law and was admitted to the practice in Hopedale where he resides. Frank B. Grove, born in Shortcreek Township, son of a Civil war veteran; schooled at Franklin College; studied law and taught school ; was clerk of the courts two terms; admitted to the bar and elected prosecuting attorney, which office he held two terms; is still in practice in Cadiz. Miss Margaret McFarland, of New Athens, a graduate of Franklin College and Pennsylvania Law School is the only woman lawyer of the county. At present she does not engage in active practice. E. S. McNamee, a native of Harrison County, Ohio, was educated in the county's schools ; was son of probate judge McNamee; taught school, was admitted to the bar and elected prosecuting attorney, serving two terms ; is still in active law practice at Cadiz. Barclay W. Rowland, born in this county ; taught school for years ; admitted to the bar ; elected prosecuting attorney and served two terms ; he is still in practice. Rowland & Pettay form the only law partnership now in Harrison County. Cheever W. Pettay, born in this county ; graduated at the Ohio State University Law School ; elected prosecuting attorney and served two terms ; is still in the practice and is a partner with B. W. Rowland at Cadiz. Charles B. Perry, son of Judge W. T. Perry, a graduate of Franklin; studied law under his father and in Ohio State University Law School ; admitted to the bar ; practiced in Cadiz two years, then removed to Newton Falls where he still has his office. CARROLL AND HARRISON COUNTIES - 291 George E. Roache, born in Harrison County, Ohio; graduated in Franklin College; studied law under his brother Thomas Roache; admitted to the bar ; taught school for years and is now county superintendent of schools in Harrison County. John C. Sharon, grand-son of Major D. Cunningham, after his graduation at college, studied law in the Cincinnati Law School, then in the Western Reserve Law School : was admitted to the bar and now has a lucrative practice in Cadiz, Ohio, where he resides. He was in the World war. Howard J. Smith, was a former attorney of Cadiz, but after he received an appointment in the Ohio legislature,, he removed to Columbus. John H. White, the only African attorney of the county, after his graduation and admission to the bar, opened his law office in Scio, during the oil boom of that place and continued there several years, later removing to Steubenville, where he is still in the practice of his chosen profession. MISCELLANEOUS ATTORNEYS The following is a list, perhaps not complete, however, of attorneys, who have been admitted to tbe bar while residing in this county, but who moved away and practiced elsewhere: Charles J. Estep, Cleveland, Ohio. William G. Estep, Tacoma, Washington. Joseph Harrison, Cincinnati, Ohio. John B. Cunningham, Chicago, Illinois. William Harrison, Colorado. Charles Mills, Indianapolis, Indiana. N. B. Collins, Columbus, Ohio. Alexander Johnson, Columbus, Ohio. Martin Luther Boyd, Columbus, Ohio. Harry Holmes, Columbus, Ohio. Charles W. Toland, Cleveland, Ohio. John H. White, Steubenville. Fred Coleman, Steubenville. Charles Vail, Steubenville. Charles B. Perry, Newton Falls, Ohio. |