BENCH AND BAR - 425 The good Father replied : "Oh ! Mr. Hurd, you are so fond of an argument that you are willing to beg the question." Mr. Hurd you July 10, 1896, at the Boody House, in Toledo. Taking him all in all, as a statesman, lawyer and advocate," I believe he was the greatest of Toledo's native or adopted children. MEMORIAL OF MORRISON R. WAITE. At a meeting of the Bar of Lucas county, held March 24, 1888, to take appropriate action upon the death of Morrison R. Waite, Charles Pratt called the meeting to order, and spoke as follows : "Gentlemen of the Bar : The sorrowful occasion of our meeting to-day is so well known to you all as to need no announcement. One of our number, who was with us for almost a lifetime, engaged in the same daily cares and labors which occupy our time, but who was promoted to a judicial position second to none in the civilized world, has been called up still higher. It is hard for us to realize the fact, so suddenly has it come upon us that he is to be with us here no more. To me it is especially difficult to realize this, from the fact that just four weeks ago last Monday, I met him in his consultation room at Washington, and saw him presiding as Chief Justice. As I went to the door of his room that morning and sent in my card, he came at once into the hall, where I was waiting, and greeted me with the same energy, earnestness and cordiality that have always characterized him. There, amid his high surroundings, he was the same that he had always been when here among us in the humbler walks of life, and I could see no evidence of failing health or strength. But now he is gone, and it remains for us to honor ourselves in doing honor to his name and memory. I have acted, in calling this meeting, only because some one must act, and because of the position that I happen to hold at this time as President of the Bar Association ; but I have called the meeting, not as one of the Association, but as a meeting of the members of the Bar of Lucas county. Ex-Judge John Fitch is the oldest judge and oldest lawyer whom I see present at this moment, and I therefore nominate him as chairman of this meeting." After the appointment of committees on resolutions, arrangements for the funeral, etc., the meeting adjourned until March 26, when the Hon. John Fitch presented the memorial and resolutions following, which were unanimously adopted : "Morrison R. Waite is dead; He died at his home, in Washington, D. C., of pneumonia, at 7 a. in., March 23, 1888. His death makes vacant the office of Chief Justice of the United States, an office of first honor in the civilized world. Forty-nine years ago he became a member of the Bar of Lucas county, Ohio, and within a decade he had reached the front rank, .being the peer of any of that learned and able corps of jurists and lawyers. "His practice reached the courts of all grades, State and National. His name was a synonym for learning in the law, for assiduity, celerity and thoroughness in the preparation of his cases, for candor, integrity and wisdom in counsel, for fidelity to client and urbanity 426 - MEMOIRS OF LUCAS COUNTY and civility to both court and adversary, and in every phrase of his life work, the impersonation of delightful courtesy, of warm friendship, and high souled honor. He had no enemies, and his friends were everybody. He was expert in every department of law, and formidable everywhere. "His most conspicuous service as an advocate was in the International Court that heard and determined the claims of the United States against the British government, arising out of her aid to and complicity with the rebellion of 1861-5. His name in that contest ranked with Cushing and Evarts. "To him was left the great and crowning service to his country, and the perpetuation of his name as Chief Justice of the Supreme Court of United States. That service began March 4, 1874, and ended March 23, 1888. The personal and professional characteristics of his former life attended him in that peerless office. Activity, earnestness, hard work, great mental alertness, and dispatch of the executive duties of his station, marked his every day life. His tenderly kind demeanor toward his associates, and toward the bar, won for him the hearty love of them all, while his richness of learning, his exalted and unerring sense of right and justice, supplemented by an unprecedented extent and accuracy of knowledge in Practice and Procedure, made him easily the peer, if not the superior, of all his predecessors. "The Bar of Lucas county loved, respected and emulated him while living, and, dead, it will ever cherish, with pride and reverence, the great name and example he has left behind. "Resolved, That the Bar of Lucas county, Ohio, claiming Morrison R. Waite as one of their members, join with the Bar of the Nation, and with the Nation itself, in expressions of profoundest sorrow at his death. "That this Bar deems it most fitting that his tomb should be here, where his life work was largely done, where he was best known, and where he was most loved, and where his name and life will be most appreciated. "That this Bar attend his funeral in a body, and that a committee of five be appointed to make every suitable arrangement therefor, and also that four members of this Bar be selected to go to Washington and act as an escort for the body to. Toledo. "That especially do we hereby tender to the family and kindred of Chief Justice Waite, our sincere condolence and sympathy in this their irreparable loss and affliction." Following the presentation of the above memorial and resolutions, Judge Fitch addressed the Court as follows : "May it please the Court : We read that 'when a good man dies the nation mourns.' If this ever needed verification, we find abundant proof of it in the death of Chief Justice Waite. This nation truly mourns his death, expressions of sorrow are heard all over the land from all classes, both from high and low, and in the emblems of mourning so universally displayed we recognize the visible and outward signs of the heartfelt grief which we all experience. From every BENCH AND BAR - 427 public journal which we unfold we find fitting expressions of the high esteem in which he was held, not only in the exalted station which he so ably filled, but also in his life as a private citizen ; and what strikes us most forcibly and enchances our admiration is that during the entire life of this pure man, and through all his public career, no cloud has ever dimmed the luster of his fame or cast a shadow over his pure Christian life. And did we not all know him personally this would seem to us passing strange, when we reflect that we live in a government where free speech is tolerated, and free comments and criticisms through the public press are alike freely expressed. It affords, in itself alone, evidence of the conceded excellence and worth of the man. "I do not, if the Court please, desire to occupy your time by any lengthy eulogy on the life, character and attainments of the late Chief Justice : all that I might say is doubtless more fitly expressed in the Memorial and Resolutions which I have read in your hearing, and which I have the honor to present to the Court as the united voice of the bar of this county, but as Mr. Waite was one of us, having here commenced his practice of law as a member of this bar, and continued with us until called into public life, I trust a brief allusion to his early history may not on this occasion be void of interest. "Mr. Waite's father was for many years a distinguished judge in the State of Connecticut, and it was in his office that the son first commenced the study of the law. One of his regular duties at that time was to assist his father in looking up and bringing together authorities having a bearing upon any given question which required of the father judicial action, and it was in that office that his habits of industry, investigation, and his ready faculty of analyzing, and discriminating of legal questions were first acquired, and it was there that the foundation was laid in his profession for the superstructure which he afterward built. He left his father's office and removed to Maumee, in the year 1838, entering the law office of Samuel M. Young, and there completed the term of study required for admission to the bar of this State. After being admitted, he entered into the practice of his profession with his preceptor, Mr. Young. "It was my fortune to become acquainted with Mr. Waite in the year 1838, and from then until the time of his death our relations have always been intimate, socially and professionally. While I was engaged in holding the Court in this county, for fifteen years, he was in constant practice before mc, and I did not then fail to notice his continual growth and rising power as a lawyer ; and becoming more widely known he was appreciated, and his practice extended into wider and larger fields, until he was finally called to fill the highest judicial position in the gift of the nation. And now we may ask how all this was effected. How did he attain this degree of eminence which we find him enjoying at the time of his death ? The answer is plain. He won it by his own individual merit, but the training and preparation which fitted him to fill the station he was called to occupy, and which enabled him to discharge its duties so ably and so acceptably, was the 428 - MEMOIRS OF LUCAS COUNTY work of years of toil and professional labor, submitted to with patient endurance because prompted by a love of his profession and a laudable desire to attain distinction therein. Here, at our bar, this might be called his training ground. It has been said that practice makes per- fect. Not so with the legal profession. A lawyer never ceases to learn, and he never will live long enough to acquire and treasure up all the knowledge that a lawyer may require in his professional life. Now, your Honors, when I look around this bar and behold the many young men who now compose it, in the very prime of life, full of energy, talented and aspiring, can we do them a greater service than to hold up before them, for their guidance and imitation, the life and example of our departed brother, the late Chief Justice. They each have their own characters to form and their future destinies to work out, as our esteemed and lamented brother 'had, and no one can do it for them. They may never attain to the high degree of eminence or receive the tribute of fame which fell to to the lot of the Chief Justice, but they may rest assured that if they are worthy and competent there will be places of honor and trust which they will be called to fill. Our system of government is such that the legal profession has a far larger share in administering and carrying on the different departments of government than any 0ther class of citizens especially our judiciary and legislative departments, which must, from the nature of things, be mainly conducted by lawyers. The bar of this county, therefore, in view of the distinguished position which our brother held at the time of his death, being the head of the judiciary of the Nation, and also being a member of this bar, think it eminently fitting as a token of our esteem for him, that the example he has left us by his pure life and his successful and brilliant professional career, may be perpetuated and held in remembrance by placing upon the records of this Court the Memorial and Resolutions now presented, which I, in behalf of the bar, ask the Court to order that the same may be placed upon its records." Judge Emery D. Potter, the eldest jurist in Lucas county at that time, and who was one of the Chief Justice's best friends, spoke as follows concerning the deceased : "After the published biographies of Chief Justice Waite and the eulogies 0n his life and character by so much abler pens than mine, there seems but little left for me to say. But I could hardly let this occasion pass without paying my tribute to the many virtues that adorned his life. I first knew him, in 1838, when he first arrived in the Maumee valley. An intimate acquaintance of fifty years has served to confirm my first opinion of his honorable and successful career. His first effort—his maiden speech—was made before me, in 1839, when I presided over the court in this Circuit. His arguments were logical, and throughout the whole trial he manifested that earnestness and labored preparation of his case that characterized his whole professional career. "His friendships were characterized by sincerity, his relations with clients with the strictest fidelity, and in the many public trusts BENCH AND BAR - 429 committed to him he more than fulfilled the expectations of those who had confided in him.  "In his early career it was my fortune to have him as a companion in traveling the circuit, embracing a dozen counties, without roads, without bridges, and with log cabins at long intervals. These journeys lasted for weeks at a time and were all made on horseback. Old Tom and Tam O'Shanter became as intimate friends as their owners, and were quartered in the stalls, whilst we were sleeping. under the same quilt on a hickory bedstead in the log cabin. He was always cheerful, and our rides in the midst of the forests, which were then nearly unbroken, were always enlivened by his ready anecdotes. He was remarkable for his adaptation to his surroundings. He was the genial gentleman in log cabin and the palace, and the old men and the children were always delighted to call Mott Waite a friend. "In every graduation in his career he maintained the same unaffected simplicity of character. He was never deemed a genius, but he was gifted with a large share of good common sense, and upon this, by untiring industry, he built a fame that the poet, the philosopher, might envy, and set an example that all young lawyers may profit by." John R. Osborn spoke as follows : "Mr. Chairman : The brief but very interesting recital which my friend, Judge Potter, has made of the early years of our professional life in the Maumee valley, awakens a crowd of recollections of the men and events with which you, sir, and my venerable friend, Samuel M. Young, and the departed Chief Justice, with many illustrious names now existing only in history, were intimately connected. I cannot occupy these precious moments in dwelling upon them. I was located in Toledo, in company with the late Judge M. H. Tilden, of Cincinnati, so recently removed by death from the bar of that city, during the years 1837, 1838 and 1839. Mr. Waite, a young man from Connecticut, a graduate of Yale College, had taken a place in the office of Messrs. May & Young, at Maumee. He was even then regarded as a young man of promise. The courts of Lucas were then held at Toledo, and those of Wood county at Perrysburg. The young student was not admitted to the bar until the year 1839, and did not accompany Judge Potter. Young and myself in our circuit in these years. The business of the Maumee canal and the malarious condition of the river towns induced me to return to Norwalk, the shire-town of the fire lands, where I continued in the practice of my profession until 1857. But during all this period. my acquaintance with M. R. Waite was continuous and pleasant. In the session of the legislature of the State for 1845-6, I was a member of the Senate and had the opportunity of materially securing some rights of his clients, which from one pretext or another had been vexatiously and unjustly delayed. I afterward met him, when, as a representative of Lucas county, he held a seat in the House of Representatives, and to entrust some business to his hands before that body. When I returned to the practice of my profession at the city of Toledo, amongst many kindly words spoken to me, I remember how cordially he grasped my hand and welcomed me back 430 - MEMOIRS OF LUCAS COUNTY to the fields of labor where my early youth had made its first professional essays, and ever since that time I have had no one more uniformly kind, cordial, and sincere in social and professional intercourse; and I feel today the sadness and depression which one must feel who has lost a beloved brother. "In all the elements which go to make up the character of a great man, intellectual, moral and social, there was such an equipoise in our departed brother that one hardly knows which of them may be said to lead the rest. I leave to my younger brethren the analysis of his judicial learning and his character as a member of our profession -but, to my mind, the character that made him so dignified and so highly esteemed, not only with professional and political acquaintances, but with everybody else that came in contact with him, was the naturalness and simplicity of his life. Without ostentation, or pretense, or pride, he seemed incapable of deceit. He had in this respect the simplicity and humility of a child. No distinction of persons had any influence with him in his demeanor to those who were about him. Witness the prompt attendance, bare-headed, in the cold night, from the lighted and heated drawing room, to give tender care to the coachman who had fallen from his box in a fit of apoplexy, and which was the brief precursor of his illness and death. This trait of character, running throughout all his life, not only imparted dignity to it, but it gave him both the respect as well as the love of his associates. He was an illustrious instance of the well-known : `There is nothing so becomes a man, As modest stillness and humility.' "I have somewhere seen the thought expressed that the tree of greatness finds its fullest development when its roots strike deepest in the soil of humility. And such, from a long professional and social intercourse with our departed brother, seem to me the brightest, strongest, most enduring trait of our dearly beloved, gifted, honored, now departed brother. "I will not consume the precious moments which are due to my brethren of the bar, who have tender remembrances, which they may express of the life and intercourse and personal attractions of him whom they shall see no more. Let me, my brethren of the Lucas county bar, close with the lament of David over the death. of Abner, the son of Ner, as he exclaimed : " 'Know ye not that a prince, and a great man is this day fallen in Israel.' " Harvey Scribner spoke as follows : "If Your Honors please, and gentlemen of the bar, my acquaintance with Judge Waite was necessarily quite limited. He went to the Constitutional Convention about the time. I came to the bar. I met him frequently while I was studying law. I remember seeing him coming from the court house with his books under his arm, walking briskly, absorbed, and yet never failing to give me the salute and smile that I looked for and knew that I would receive. Occasionally, I BENCH AND BAR - 431 would go to his office or upon some other errand familiar to the late student. Invariably he would look up from his work, say a kind word and flash on me that sunny smile that sent a glow to my heart. This was the experience of every student at the bar. I remember, as a law student, watching the trial of cases in which he was engaged. He managed the witnesses with the utmost skill, and kept in hand the court and jury. His dominant, masterful spirit pervaded the scene and would have impressed a child that he was in the presence of an extraordinary character. I can never forget a scene that impressed me as highly dramatic. When Mr. Waite returned from the Genoa arbitration, he was drawn in a carriage directly from the depot to the Boody House. Citizens, learning that he was here, gathered in a large crowd, quite filling the space on St. Clair street, between the Boody and the old postoffice. In that assembly were lawyers, merchants, mechanics, men that worked on the grade, all classes. Mr. Waite came out on the balcony from the second story, somewhat excited ; he ran forward like a boy, placed his hands on the rail and looked down upon his old friends. I can never forget the faces of that crowd that looked up to him. In an instant they were transfigured with a love, affection, glad delight, that we only see two or three times in our life. A shout went up, echoing over the town, that came from their hearts. The people of Toledo knew M. R. Waite and loved him 'with a love that was more than loye' ; and he knew them. No matter how lowly, how obscure the intellect of those with whom he came in contact, he had that unfailing attribute of genius that enabled him to look down through the dross and see the merit shining at the bottom of their character. Therefore, they felt no hesitation in taking his hand and addressing him in their own language. They knew that he recognized that one God created and loved them all, and they were better for that knowledge. The title of Chief Justice of the United States is a glorious one, but in the minds of the people here in the Northwest, if not in the country, it can add no lustre to the simple legend, 'Morrison R. Waite.' Let the remembrance of his virtues bind us into a closer brotherhood. God bless his memory. Let us forever cherish and keep it green and emulate his high character. I knew him not long, and but slightly. Yet it is a melancholy pleasure, a grateful comfort, here, on this 'hank and shoal of time,' to throw a leaf upon the flood that bears him from. us." MEMORIAL TO CHARLES KENT. At a meeting of the Lucas county Bar, July 1o, 1888, the following Memorial and Resolutions, relative to the death of the Hon. Charles Kent, were unanimously adopted : "God, in his Providence, has taken from our ranks our brother, Charles Kent. In him we all recognized, not only one of the most experienced, but also one of the ablest and most honorable of our profession. Naturally endowed with a logical legal mind, he had the cultivation of thorough study not only of the law, but also of the best general literature, and was for many years a thoroughly equipped and successful practitioner. He was not merely a case lawyer, but 432 - MEMOIRS OF LUCAS COUNTY could deal with and apply to the ever varying questions, arising in the practice, the fundamental principles of the law. Before the courts he was eminently clear and logical, before the jury powerful and convincing in his analysis of the evidence and in the presentation of the facts. "Unquestioned as to his integrity of purpose, in the statement of the law and the facts his arguments, before both court and jury, always received the highest consideration. "Himself the honorable and upright lawyer, and scorning to win cases by mere trick or questionable device, he was, so long as his health permitted, prominent and active in the bar associations of his State and city, and in all his intercourse with his brethren, in seeking to raise the standard of professional honor and integrity. "Resolved, That we, the members of the Bar of Lucas county, where he practiced his profession for thirty-five years, and who knew him intimately and thoroughly, wish to place on record this brief and imperfect recognition of the worth of our departed brother. We sincerely mourn his loss, and will ever revere and respect his memory and emulate his virtue. "Resolved, That we tender his bereaved wife and children our sincerest sympathy, and that we will attend his funeral in a body. "Resolved, That a copy of the foregoing memorial and resolutions, signed by the officers of this meeting. be furnished his family, and the chairman of the meeting is directed to present the same to the courts of the county at their next session and request that they be placed on their records." MEMORIAL TO MORGAN N. ODELL. On Nov. 5, 1888, there was filed in Court the following Memorial and Resolutions relative to the death of Morgan N. Odell : "Morgan N. Odell, a respected and influential member of the Bar of Lucas county, died at his late residence in the City of Toledo, Ohio, at the hour of 11 o'clock, a. m., on Monday, Oct., 29, 1888. He was born near Newark, Ohio, March 7, 1835. His boyhood and youth were spent in work upon the farm, and in availing himself of such educational advantages as were then offered by the common schools of the State. The knowledge thus acquired was fully supplemented by an independent and diligent pursuit of such studies as he conceived would better fit him for the duties of life. At the age of nineteen he was a teacher in the schools of his native county, and for two years prosecuted this work in this and adjoining States. He then entered upon the study of law, and in his twenty-third year was admitted to the bar of the State of Ohio, and entered upon the practice of his profession at the bar of his native county. He continued in an active and lucrative practice of the law in Licking county until the year 1870, when failing health compelled him to discontinue his practice. During this period he was twice elected prosecuting attorney of his county, his service in this capacity extending from the year 1864 to the year 1868. "He represented his county in the General Assembly in the year BENCH AND BAR - 433 1869, having been elected to fill the unexpired term of Hon. John F. Follett, who had resigned the office. Failing health then compelled his retirement from public life, and for five years he was engaged in the management and improvement of lands owned by him in Wood county, this State. In 1876, he moved his family to Toledo and resumed the practice of the law. Espousing the cause of the National party, he was nominated and elected prosecuting attorney of Lucas county, in 1877, and to the day of his death occupied a position of prominence at this Bar. Upon the active work of his professional duties he brought to bear the force of a Vigorous and finely equipped mind. He was well grounded in the elements of the law and, possessed of a logical and well poised mind, he was disposed to rely more than most lawyers, in solving a legal problem, on a prompt reference to elementary principles. He was, however, a diligent student, and in the preparation of his cases it was rare that a pertinent decision would escape his notice. A ready speaker, he was skilled in debate, and in practice a successful advocate. He was cautious, affable, and considerate in his daily intercourse with others. Incapable of deliberate injustice, he was fearless in prosecuting P cause which he believed to be just. Thoroughly honest and conscientious, he could not look with patience on anything dishonest or corrupt. He enjoyed to an eminent degree the confidence and esteem of his fellow men. He neyer in public or private life betrayed a trust or shirked a duty. "An affectionate husband and father, a devoted and steadfast friend, the beauty and worth of his character was seen at its best in the family and social circle. He was best loyed and respected by those who knew him best. "In early life he embraced the Christian faith, and he died a deyout believer in the fundamental truths of the Christian religion. "Though he has gone beyond in the maturity of a noble life, and at the full tide of his usefulness, he has left to the world the heritage of his example : therefore, he it "Resolved. That we haye heard of the death of Morgan N. Odell with profound sorrow, and extend to the widow and children of the deceased our earnest sympathy in their bereavement. "Resolved. That this Association and the Bar of this county attend the funeral in a body. "Resolved. That the chairman of this meeting cause to be presented to decedent's family a copy of This memorial and of these resolutions, and that he also present the same to the Common Pleas and Circuit Courts of Lucas county, and the United States Courts of this Division and District, with the request that the same be ordered spread upon the journals of said Courts." Signed by Thomas Dunlap, Joshua R. Seney, and Lindley W. Morris. MEMORIAL TO JOHN FITCH. On Oct. 7, 1889, the Lucas County Bar Association met at the court house and unanimously approved the following memorial on the 434 - MEMOIRS OF LUCAS COUNTY decease of Judge John Fitch, it having been prepared by a committee appointed for that purpose : "The late John Fitch, so long prominent in legal, political and social circles of Lucas county, died at his home in this city at 5 o'clock a. m., Sept. 4, 1889. He was born at Schodack, in Rensselaer county, New York, Feb., 13, 1806. His father was a farmer, resident in that county. He received only the common school education of that period. At the age of seventeen he taught district school. He began the practice of law at Hoosac Falls, N. Y., at which place he was married, March 26, 1833, to Miss Lucy W. Prescott, who died in September of the same year. In January of the next year he was married to Miss Jane M. Jenks, at the residence of Judge Witherell, in Detroit, Mich. Six children were born to them, of whom but two survive—Edmund H. Fitch, of Cleveland, Ohio, and Mary Elizabeth Rhoades, of Boston, Mass. Mrs. Jane M. Fitch died nine years ago, in Toledo, having spent her entire married life here. On May 22, 1884, Judge Fitch was married, at Toledo, for the third time, to Margaret S. Bockey, who survives him. "At the November term of the Court of Common Pleas of Lucas county, in 1836, being the third term of that court held here, he was appointed prosecuting attorney, Emery D. Potter having declined to serve, and next year was elected to the same office, upon the nomination of both Democratic and the Whig parties. In 1847, he held the office of city attorney of the City of Toledo. In 1854, he was elected judge of the Court of Common Pleas of the subdivision of the judicial district which includes Lucas county. On Feb. 9, 1855, he entered upon a judicial service which was continued fifteen years, terminating in February, 1870, and to which reference may now he proper, inasmuch as the lapse of nineteen years has only served to increase the esteem for his character and ability therein expressed. "We copy the preamble and resolution, adopted Feb. 4, 1870 : " 'Judge Fitch entered upon the duties of his office, Feb. 12, 1855, and has been twice re-elected. During this period he has held every term of the Court of Common Pleas of Lucas County,. occupying in all 1,674 days, and has disposed of civil causes to the number of 7,833. When we add to this the very large number of criminal causes tried and the service performed in the courts of the other counties of this district, we are impressed with the magnitude of his labors. His decisions have been considerate, and so thoroughly well based upon right reason and sound principles of law, that in only 160 of these cases have parties ever sought reversals by writs of error from superior courts, and in only forty-three cases the judgements have been disturbed. These facts reveal more clearly than words of ours could set forth, with what conscientious integrity, clear judgment and rare legal ability Judge Fitch has devoted himself to the discharge of the high duties of his office. To the debt which society owes for this long term of faithful service and devotion to its welfare, the members of the bar desire to add their own personal and grateful acknowledgment of that uniform kindness, courtesy and patience which have rendered BENCH AND BAR - 435 the discharge of their duties so agreeable, and to assure him that in his retirement from the bench our warmest wishes go with him that his future life may be as genial and cheerful as his judicial career has been useful and honorable ; therefore, resolved, that this expression of the. high regard in which the retiring judge is held by his brethern of the bar, be presented to the Court on the first day of its next session, by Judge Potter, with a request that the same be entered on the records of the Court.' “On Feb. 14, 1870, the proceedings were presented in court before his Honor, William A. Collins, Judge, and by him ordered to be placed on the records. "Your committee recommend the adoption of the foregoing preamble, and of the following resolution : “Resolved, That our late honored associate, by his devotion, during a long life of legal talents of a high order, to the service of his fellow citizens, merits the sentence of approval in the words of Holy Writ : `Well done, good and faithful servant, enter into the joy of thy Lord.' "We extend our sympathy to his widow and the surviving relatives, and, as a testimony of our respect, will attend the funeral in a body. “We request the chairman and clerk of this meeting to furnish a copy of these proceedings to his widow. "Furthermore, we ask the Hon. Emery D. Potter to present these proceedings to the Circuit Court and Court of Common Pleas of this county on the first day of the next term, with our request that they be spread on the records thereof." Signed by John R. Osborn, R. C. Lemmon and Thomas Dunlap, committee. MEMORIAL TO JAMES M. HUESTON. On Jan. 13, 1890, the following Memorial and Resolution, relative to the death of James M. Hueston, were unanimously adopted : "James Marion Hueston was born Aug. 27, 1847, near the town of Forest, Hardin county, Ohio. His birthplace was the farm where, a quarter of a century before, his ancestors, the first settlers of the northern part of Hardin county, built the rude log cabin and commenced the work of conquering the wilderness and rescuing the land. Completing. the scanty education of the common school, he entered the Vermillion Institute at Hayesville, Ashland county, where he took the preparatory course for the higher collegiate studies, and was afterward graduated at the Mt. Union College in Stark county, Ohio. He pursued the study of law at the University of Michigan and was graduated in the Law Department of that institution. He entered at once upon the practice of the law in Toledo, associating himself with the firm of Lee & Brown, of which he became the junior member. A few years later this partnership terminated, and thereafter he continued alone in the practice of his profession. He at one time became the candidate of hiS party for member of the House of Representatives of the Ohio legislature. and was afterward put forward as a candidate for the office of City Solicitor of the City of Toledo. In both candi- 436 - MEMOIRS OF LUCAS COUNTY dacies he was overcome by adverse political majorities. For four years he filled, by appointment from this Court, the important place of Assistant Prosecuting Attorney of Lucas county, discharging the duties of that office until a few days prior to his death. He died, Jan. 7, 1890, at Toledo, after a brief illness, and was buried in the family burial ground upon the homestead where he was born—the last of his family bearing the family name. "In the practice of his profession he was honorable ; in behalf of clients he was faithful and fearless ; he was competent and conscientious in the performance of public trust. Upon the preparation and study of his cases he bestowed energy and assiduity, though in later years incurable disease lured from his nature the constancy and enthusiasm which characterized his earlier life. "The Lucas County .Bar Association presents this memorial of the life and professional character of James M. Hueston and requests the Court to cause it to be spread upon the journal of its proceedings." Signed by Clarence Brown, John F. Kumler and Harvey Scribner, committee. MEMORIAL TO JAMES J. FRENCH. On May 18, 1891, the following Memorial, relative to the death of James Jackson French, was unanimously adopted : "By the death of Judge French, the bench and bar of this county have been called, for the fourth time within a few weeks, to bear to his last resting place a worthy and honored member of our profession. "James Jackson French was born at Boston, Mass., Sept. 3o, 1820. His father was an eminent merchant of that city, and the son was afforded the best social and educational advantages of the time. He was educated at Harvard College, and pursued his legal studies at the Done Law School and in the office of Judge Fletcher, a leading member of the Suffolk county bar. "After a few years' successful practice in his native city, in 1855, Mr. French came to Toledo, and immediately took and maintained a high rank as a prudent and learned counselor and able advocate. In 1874, he was appointed by Governor Allen to fill a vacancy on the Common Pleas bench of this county, the duties of which he discharged honestly, ably and faithfully. For some time after his retirement from the bench he devoted himself to professional duties, mostly as counselor, but for the past seven or eight years he has not been in active practice. Judge French was a man of brilliant genius, a ripe scholar and a courteous gentleman. Though the surroundings and influences of his early life, and the intellectual pursuits of later years were such as sometimes produce a manner of exclusion or reserve, in him there was no such effect. Upon all around him, high and low, learned and ignorant, there flowed from the genuine kindness of his heart the steady light and warmth of a never failing affection. "In religious faith he was cheerful and steadfast, and for the last few years of his life he looked forward to his departure from the world as to a season of perpetual rest and joy in a society of divine BENCH AND BAR - 437 affection. In his death we mourn the loss of a sincere friend, an affectionate brother, and desire to place upon record this memorial of his virtues." Signed by Gilbert Harmon, Charles Pratt, Edward Bissell, Thomas Dunlap and Harvey Scribner. MEMORIAL TO EZRA S. DODD. On Jan. 3, 1893, the following Memorial and Resolution, relative to the death of Maj. Ezra S. Dodd, was unanimously adopted : "On Saturday morning, Dec. 31, 1892, died Maj. Ezra S. Dodd, a member of this bar, aged fifty years. "Early in 1861, at the age of eighteen, he enlisted in the ranks of the Union army, and continued in the service until the close of the war. In 1868, he was admitted to practice at the Ohio bar, and for twenty years practiced in Lucas and adjoining counties. In the autumn of 1889. he removed to Guthrie, Oklahoma Territory, where he immediately took a leading place among the adventurous and enterprising people, who, at its opening, flocked to that new Territory. His prospects in his new location were most promising and brilliant, until the failure of his health, about one year ago. Major Dodd's record and character as a soldier, a lawyer and a man were such that his untimely decease is a matter of deep regret to all who knew him, and an irreparable loss to his friends and family. He was a man of brilliant intellect, an affectionate husband and father, a faithful and genial friend, and an honorable gentleman. The members of the Lucas County, Ohio, Bar offer this memorial as a tribute to the worth of our departed brother, and an expression of our grief at his loss, and request that the same be spread upon the Journal of this Court. "Resolved, That a copy of the foregoing be sent to the sorrowing widow of the deceased." Signed by G. Harmon, Richard Waite, and W. H. A. Read, committee. MEMORIAL TO JOSEPH D. FORD. On June 4. 1894, the following Memorial and Resolution, relative to the death of Joseph D. Ford, was unanimously adopted : "Joseph D. Ford was born in Sherman township, Huron county, Ohio. June 25, 1841. He was a son of a pioneer, Daniel B. Ford. His early education was in the common schools of Ohio and later in New Hampshire. He graduated at the Normal School at Winona, Minn., and also attended the law department of the Michigan University. In the year 1865 he was a student in the law office of Baker & Collins, in Toledo, and was admitted to the bar in 1867. On June 12, 1866, he was married to Sarah E. Morehouse, a daughter of L. L. Morehouse, of Waterville, and took up his residence at Maumee, where he was elected city solicitor in 1867. He resided in Maumee and practiced law there and in Toledo until the fall of 1871, when he was elected prosecuting attorney of Lucas county, and he removed to 438 - MEMOIRS OF LUCAS COUNTY Toledo about the time he entered upon the duties of that office. From then to the time of his death he has lived and practiced law in the city of Toledo. "His first wife having died, he was married, Oct. 12, 1870, to Grace G. Moore, the daughter of John A. Moore, then Of Maumee and now of Toledo. Two children were born to them, one of whom died, and the wife also died, leaving the one daughter, Blanche, now living, as the only survivor of the family. "He was again married, to Hattie Darling, of Hyde Park, Mass., who died about three years since. Mr. Ford died at the hotel in Cincinnati in the morning of June 1, 1894. It has been well said that the time to estimate a man's life and character is at his death. Then, when his work is done, and while the memory of him and his work is fresh and clear in the memory of those who were his associates, can his real worth be best judged by those who knew him best. "Our Brother Ford has been with us and one of us for nearly thirty years. He has left us so suddenly and so recently that it is hard to realize that we shall no more see his well-known form or smiling face. It becomes us then, here and now, to bear testimony to his ability as a lawyer, and to his worth as a man. “As a lawyer he was diligent and faithful in the preparation of his cases, careful and methodical in presentation. One of our most skillful examiners of witnesses, he was clear and logical in argument to the court. Always pleasing, attractive and persuasive, he was at times truly eloquent in his address to the jury. But beyond this there was a sincerity and honesty in all that he did that went further than all else to win success at the bar, both. before the court and the jury. He was an honest man ; a manly man ; a gentleman. There was no taint or stain upon his moral character. He has been called hence in the midst of the years allotted to man by the Psalmist, but he bears a record of work well done and of a life well spent ; therefore, be it now resolved, "That we will hold the life and worth of our departed brother in affectionate remembrance, commend his character as an example to others and emulate his virtues in our own lives. "That we extend to his doubly bereaved daughter, his brother, sisters and other relatives our most hearty sympathy in their affliction. "That the several State and Federal Courts of our city be respectfully requested to spread the foregoing upon their records, and that the clerks of the courts be asked to send a certified copy of the same and of the action of their courts thereon to the daughter of Mr. Ford." Signed by J. K. Hamilton, Chas. Pratt, J. F. Kumler, J. W. Cummings, and W. H. A. Read. MEMORIAL TO WILLIAM BAKER. On Dec. 3, 1894, the following Memorial and Resolutions, relative to the death of William Baker. were unanimously adopted : "William Baker, son of Hon. Timothy Baker, was born at Nor- BENCH AND BAR - 439 walk, Ohio, Feb. 5, 1822. His father was a native of Massachusetts, was a pioneer of Ohio, living in Norwalk from the year 1818, to his death, in 1873, and during this long residence, one of its prominent and influential citizens ; and for twenty-one years an associate judge of the Court of Common Pleas of Huron county. "The subject of this memorial, after enjoying the advantages of his local schools, entered Granville College, now Dennison University, where he was graduated with honors in the year 1841. He then for a year pursued the study of law with Messrs. Godard & Converse, of Zanesville, then one of the most prominent firms of- lawyers in Ohio, to whose law office students went from all parts of the State, to obtain instructions similar to that given in law schools of the present day. He then entered Harvard Law School, Joseph Story and Professor Greenleaf then being instructors, and graduated with the Bachelor's degree, early in 1844. Before leaving Harvard he received an autograph letter from Judge Story, containing the following very flattering commendation : " 'Cambridge, Dec. 14, 1843. " `My Dear Sir : You ask for my autograph, which with great pleasure I give you. I need hardly to say to you that our connection in the law school has been to me a source of great gratification. I can with the most unreserved confidence and respect speak of your talents, your devotion to your studies, your professional attainments and your unsullied private character. May you reap the just rewards belonging to a life thus devoted to noble objects.' "He was admitted to the bar of Ohio by the Supreme Court in Columbiana county, Judges Ebenezer Lane and Nathaniel C. Reed presiding, Feb. 26, 1844, and in the same year came to Toledo and opened a law office. He was married, in 1849. to Miss Frances C. Lattimer, of Norwalk, Ohio. From 1844 to 1847, he was without a partner in the practice. but in the latter year, Judge Myron H. Tilden having retired from the Common Pleas bench, the firm of Tilden & Baker was formed and continued until the spring of 185o, when Judge Tilden removed to Cincinnati. Continuing in the practice until the year 1857, he then formed a partnership with William A. Collins, which continued under the name of Baker & Collins until the latter went upon the Common Pleas bench. in 1870. Then practicing alone until 188o, his son, Rufus H. Baker. became his partner, and a year later the firm of Baker, Smith & Baker was formed by adding Barton Smith, and, this continued to the time of his death. He died on the night of Nov. 17, 1894, leaving his widow, three sons and one daughter surviving him. For the long period of a full. half-century, Mr. Baker was a citizen of Toledo and a member of our bar; although for the last year of that time he seldom appeared in court in the trial of cases, yet, for thirty-five years or more he was an active trial lawyer. Not only when alone in practice, but while a member of the firm of Baker & Collins, the court work of the firm was mainly in his charge. As a practitioner his attention was mainly given to real estate, equity and commercial litigation. He seldom, if ever, had any connection with criminal practice. During his active practice he was employed in 440 - MEMOIRS OF LUCAS COUNTY some of the most important cases, involving titles to valuable real estate, then before our courts. Among these may be named Card vs. Patterson, involving the title to eighty acres of land which is now one of the best residence portions of the city ; Daniel vs. Stevens, the title to about four acres, now crossed by Jefferson street at Thirteenth and Fourteenth streets ; and Clark vs. Potter, 120 acres in East Toledo, now embraced in W. S. Williams', Potter's, and other additions. In these and many other important cases he showed himself fully capable of grasping and mastering essential legal principles, and applying and presenting them logically to the courts, while at all times painstaking and methodical, his evidence was carefully and clearly stated. Although a ready and fluent speaker, he was stronger with the court than to the jury, and was at his best in written or printed argument. In his intercourse with his brother attorneys, and his conduct before the court he was always urbane and gentlemanly, never vociferous or wanting in dignity or courtesy, but always respecting others. He at all times won for himself, from court and counsel, deserved attention and respect. He was both a moral and religious man—held in deserved esteem by all, and devoted to the interest of his city, which owes much of its prosperity to his efforts and his influence. By nature gifted with large capacity for affairs, he early became largely interested in and connected with its financial and business interests, and eventually gave so large a part of his time to these as to withdraw him from the active practice of his profession ; and although he might have become more eminent in his profession if he had been less successful in his business, yet he had a long, successful and honorable career as a practicing lawyer at our bar ; therefore, be it resolved, "That, as his brethren, we will cherish and honor his memory, and hold up the example he has given us of the life of a high-minded, honorable and gentlemanly practicing lawyer ; as one worthy of emulation. "That this memorial and these resolutions be presented to the State and Federal Courts of this county, with a request that they be spread upon their records. "That the clerks of the several courts be requested to send certified copies of the same and of the action of court thereon to the widow and children of the deceased." Signed by J. M. Ritchie, Chas. Pratt, J. K. Hamilton, Jno. H. Doyle, and L. H. Pike. MEMORIAL TO EDWARD BISSELL. On Jan. 14, 1895, the following memorial and resolutions, relative to the death of Edward Bissell, were unanimously adopted : "Edward Bissell was born in Geneseo, N. Y., Sept. 24, 1824. At an early age his father removed with his family to Lockport, in the same State, and thence to Toledo, Ohio. At the age of sixteen he entered Yale College, in which he graduated, in 1844, at the age of twenty years, with the degree of Bachelor of Arts. In 1845, he entered the law department of Harvard University, in which he graduated in BENCH AND BAR - 441 1846. After leaving Harvard, he removed to Galveston, Texas, where, in May of the same year, he enlisted as a private soldier in the first regiment of Texas Riflemen, which was then being organized for the War with Mexico. After a campaign of five months, his regiment was disbanded at Camargo, and he returned to Galveston. In July, 1847, he again came to Toledo, Ohio, and after a few months' study in the office of Judge Tilden, was admitted to the practice of law, in 1848. After four years of hard work as a lawyer in Toledo, his health failed. Believing that active physical exercise was necessary to the restoration of his health, he traveled, on foot, to the State of Florida, and spent the most of two years in the lumber and hunting camps of the State, enduring the privations of frontier life. When his health had become to a considerable extent re-established, he practiced law in South Carolina for about two years. In 1856 he returned to Toledo and resumed the practice of his profession. "On Dec. 24, 1863, he was married to Miss Sarah A. Secor, of Toledo. Ohio. His eldest son died at the age of eight years, and his surviving children are Frederick, Herbert, Maurice, Walter and Charlotte. "In March, 1863, he formed, with William H. Gorrill, a partnership, under the firm name of Bissell & Gorrill, A. W. Gleason being at the time engaged in bookkeeping and abstract work in the office. In March. 1863, John H. Doyle was employed by the firm ; in March, 1865, I. I. Millard, and in October, 1865, W. S. Thurston, all of whom became members of the firm. In 1866, the firm of Bissell, Gleason & Company was established for the purpose of carrying on a real-estate and abstract business, and the firm of Bissell & Gorrill was continued as a law firm, the members of the two firms being the same, with the exception of A. W. Gleason, who was not a member of the law firm. The real-estate firm was composed of Edward Bissell, William H. Gorrill, A. W. Gleason, John H. Doyle, W. S. Thurston, and Irwin I. Millard. Between that date and 1870, Charles H. Gorrill, Richard McKee and Emmet S. Latty were added to the working force of the office, making at the last named date a co-partnership of nine members. This association continued unbroken until 1872, when, on account of failure of health, William H. Gorrill was forced to abandon the practice of law and removed to California and engaged in contract work, which he continued to the time of his death, in 1874. Soon afterward, Emmet S. Latty retired from the office on the same account, and died about a year afterward. Charles H. Gorrill then joined his brother in California, where he died on Aug. 2, 1886. The six remaining partners continued business together until January, 1879, when John H. Doyle retired from the firm and engaged in the practice of law alone. A. W. Gleason retired from the firm in May, 1884, and the firm of Bissell, Gleason & Company was dissolved, the abstract work of the former firm being continued under the firm name of Bissell & Gorrill. In 1881, Thomas H. Tracy entered the office, and, after two years' student work, was admitted to the firm and continued a member until April, 1802. I. I. Millard continued a member of the firm until April, 1891, when he retired to assume the duties 442 - MEMOIRS OF LUCAS COUNTY of Probate Judge of this county. Thus, for the period of over thirty years, the firm established by Mr. Bissell continued under the same firm name, a successful business enterprise. In the early part of his professional life he acquired a knowledge of the German language, and was accustomed to use it in communicating with the German clients. Of the bar of Northwestern Ohio, as a lawyer, he ranked among the best. As an associate he was kind, patient, courteous, considerate, and always helpful. As an antagonist he was always a gentleman, but his great labor in preparation, and persistence in the maintenance of his position, made him a very formidable opponent ; whoever won a case contested by him never questioned his sincerity or ability.. Modesty was a prominent feature of his character ; he always shrank from publicity or praise. He seemed to many to be distant and reserved, but it was his complete absorption in business, his habit of concentration upon whatever he had in hand, which made him appear so, rather than any disinclination to be social. When he gave himself to social affairs he was a very interesting and entertaining companion. His constant motto was, 'If anything is worth doing at all, it is worth doing well.' He was so conscientious that, in preparing an opinion for a client or a case for trial, he never spared himself any labor or privation which promised to improve the result. Once engaged upon a question of difficulty, he pursued it unrelentingly, by night and day, until he had reached a satisfactory conclusion. "In his association with his juniors in the office, he indicated what authorities would be helpful to them, and left them to pursue the investigation without further advice or assistance. His faith in the integrity of those around him was almost unassailable, and for their achievements his praise was frank and manly. He found in almost every life something to commend, and did not permit himself to sit in judgment upon the frailties of any. Of the young men of the profession his words were commendatory and encouraging. Appealing always to the best elements of human nature, he possessed a refined taste and was gifted with a beauty of thought and rare facility of speech which marked him a man of thorough cultivation. "The deceased was a model of American citizenship. Recognizing his obligation to society, he became thoroughly versed in all the literature accessible to an American student. Recognizing the claims of his country upon his patriotism, he took his place in the ranks of her soldiery. Recognizing the claims of family and friends, he was liberal, generous and loving, pure in precept and example, always avoiding the appearance of evil. Recognizing the claims of a learned profession upon him, he prepared himself by the most exhaustive study for the performance of his duty in all of the departments open to a professional career. In unstinted and even-rounded measure, he gave to every client's business all the skill and care which the most wise foresight could suggest.  "With indomitable will he ignored a physical frailty which constantly threatened the termination of his professional career. His memory was so trained that he retained to a remarkable degree what he had read ; so that by the hour he could, without aid, reproduce in BENCH AND BAR - 443 court the language of judges in the decision of analogous cases. Drawing upon his memory of literature, he could repeat page after page of favorite authors, and enjoyed in the highest degree the discussion of the respective merits of ancient and modern literary productions. On Nov. 23, 1894, at the ripe age of seventy years, the world faded away from him, but his career of unexampled usefulness will operate perpetually in making the world better in its impulses and its achievements." MEMORIAL TO ELIHU W. TOLERTON. On Sept. 26, 1905, the following memorial relative to the death of Elihu Warner Tolerton was read and unanimously adopted: "By the death, on Aug. 22, of this year, of Elihu Warner Tolerton, the bar of Toledo and of Ohio have lost one of their most able, successful and honored members. He was born in Salem, Ohio, May 14, 1849. His first educational training was at the country school, but his ambition did not rest with the teachings he received there, and he entered the Allegheny University, at Meadville, Penn. He was graduated at that institution, in 1871, and soon afterward was admitted to the bar at New Lisbon, near Salem, which was then the county seat of Columbiana county. "In October, 1873, he came to Toledo and opened a law office in the old Anderson Block. In 1875 his office was removed to the Produce Exchange Building, he being the first tenant of the old Produce Exchange, and, since that date, he has never moved. his office being in room 43, Produce Exchange, at the time of his death. "Coming to Toledo with practically no experience in the profession, and no friends here to lend a helping hand, he devoted himself diligently to the task of creating a practice. His quick intelligence and prompt and effective attention to matters confided to his care soon won the respect and honor of those whose acquaintance he made, and created a good will which rapidly grew into a large and important business. He turned his attention to corporation matters and, in 1887, was appointed solicitor for the Pennsylvania company, which position he continued to hold up to the time of his death, enjoying in an exceptional degree the confidence and respect of the managers of that vast corporate enterprise. Besides this, he was largely interested in the formation and career of many corporations whose history is part of the commercial history of Toledo. Probably no lawyer among us has been connected with or interested in so many of our local enterprises. And so, up to the last, he had a large and varied practice. It is most fitting that the bar of Toledo should present to this court, to be spread upon its records, a tribute to the memory of our friend who has gone. His life work was done among us, largely done in close association with us. We knew him better than he was, or could be, known to any other class of men in the community, for lawyers have exceptional advantages for acquiring knowledge of each other's character. Certainly no other profession affords anything like the same opportunities for finding out the strength and weakness, the virtues 444 - MEMOIRS OF LUCAS COUNTY and failings, of its members. Nearly all the lawyer's work is subjected to the keen and critical scrutiny of others, eager to expose and quick to take advantage of every mistake. And the close discussions in office and court, bringing into play all the intellectual and moral faculties of one's nature, are a constant revelation of a lawyer's character to his fellows. He cannot conceal it if he would. And out of this very association, necessitated as it is by the character of the profession, grow the strongest and deepest friendships of the lawyer's life. To know what a lawyer really is, we should know what his brother lawyers think of him, and it is not always easy to get an unbiased opinion during his lifetime, while professional rivalries and perhaps jealousies are still in existence. With his death, these pass away and, despite the natural tendency to say naught but good of the dead, the professional estimate of his character will probably then be as nearly true as any human estimate can be. "There is happily no need in the present case to resort to commonplace platitude or hackneyed phrase, for certain it is that Mr. Tolerton was anything but common-place. No more striking personality—no more marked individuality—has appeared at our bar during a quarter of a century. He was distinctly different from all the rest of us. He had a way of doing things that was all his own—a way which we all admired, but dared not imitate. There is none of us but had a strong impression of his personality. And so it is an easy and grateful task to make mention of some of his dominant traits as lawyer and man. "Perhaps the most striking thing about Mr. Tolerton, as a lawyer, was a certain large way he had of handling things. In preparing his cases and trying them, in advising his clients or negotiating with his antagonist, he invariably went directly at the matter in hand on the broadest lines. Details never bothered him. While some men never see a forest for trees, Mr. Tolerton invariably saw the forest. He looked at things as a whole in their larger relations. His mind was constructive rather than analytic. Combination was his forte, rather than dissection. "He seemed to have in mind always the end sought to be attained, rather than the means by which it was to be brought about. Quick, impulsive, impatient of delay, he did not excel in preparation of pleadings. And in the court room he invariably went- directly at the heart of the matter, regardless of technicalities. "No lawyer at our bar had more confidence in the correctness of his own conclusions, but with him it was not in the least vainglorious. It was a well justified confidence, based upon many a professional success. When he made up his mind, he was never troubled with any doubts. And it was this honesty and intensity of conviction, coupled with a singularly persuasive tongue, which made him so effective. Whether you agreed with him or not you could not choose but hear him ; for he was always interesting. He always talked about the case, and about the exact question involved. He was always intensely in earnest. You knew he believed what he said, and what he had to say was said in good, sound idiomatic English, and was said quickly. He was no BENCH AND BAR - 445 maker of phrases. He did not seek to excite admiration by originating striking or happy expressions. His mind was always on the thought. Language to him was simply the means of conveying it, and so his language was precise and well chosen to express his exact meaning. "He was stronger, we think, in the office than in court. Not but what he enjoyed the forensic contest, for he was naturally argumentative, but it was in the office that his peculiarly persuasive personality was most effective. It is difficult to describe in words a quality felt and vividly recalled by all who knew him well. He had a tactful way of inspiring others with confidence in himself and winning them over to do what he wanted them to do. And this quality found its natural field in negotiating settlements of business controversies and effecting business deals and combination. Here, Mr. Tolerton was in his proper field. Somehow, he knew how to do things. He instinctively went at just the right man and got hold of him in just the right way, and set things to going his own way. In this important branch of a lawyer's work, we think it safe to say that Mr. Tolerton has had no superior at this bar during the past twenty years. Difficulties and obstacles, which to others seemed unsurmountable, he did not seem to recognize. He simply looked over them to the end in view and went at it, serenely confident of success. If he could not get there in one way, his fertile brain always suggested another. It would seem as if the homely adage, `Where there's a will there's a way.' was his chosen motto. "He was devoted to his work, as punctual in his office hours as any school-mistress. For years he arrived at his office at 7 :30 in the morning and left it at 5 o'clock in the afternoon. And 5 o'clock meant 5 o'clock, and not one minute past 5. No matter what important conference was on, when that hour came he invariably excused himself, and this habit was so fixed that his clients all recognized and respected it. Only within the last years of his life did he modify his office hours, when failing health compelled him to do so : then he Lroke his time-honored custom, coming to the office an hour later in the morning and going home at noon, and resting the balance of the day. "One who was for years his office associate says of him : " 'He apparently learned, early in his practice, that what his clients wanted was prompt action, and that, provided he gave them that service, they were willing to pay for it. He gave but little attention to the details of his office, in fact conducting his business with as little detail as possible. He liked to take affairs in the large and work them out, planning the whole and getting some one else to work out the minute details. In matters which required decision, he was prompt, to the point, and his decision once made, he was firm and immovable. He had a favorite way of closing an interview or getting rid of an undesirable caller by making a trip to his office vault, returning to his desk with a handful of papers. To one who knew him, that was unfailing evidence that the incident was closed. " 'He would, perhaps, begin the day with some important conference and, after laying out his plans, like a general on the field of battle, he would immediately start his forces to work. Before the first client 446 - MEMOIRS OF LUCAS COUNTY was out of the office another might come in, with a matter just as important and requiring just as prompt decision and action. Then his mind seemed to dismiss at once all the troublesome details of the former interview, and he would be as keen and decisive about the second matter as he had been a few minutes before about the first ; and so he would go from one matter to another throughout the day. Little wonder that when night came he would be tired and worn. ' "But those who knew him best will remember him not so much as a lawyer, but rather as a man. His personal traits were what endeared him to his friends. And pre-eminent among these, were a kindly helpfulness and generosity to which many of us can bear grateful witness. In these days of strenuous competition and struggle for the material rewards of our profession, when signal successes are achieved by one or another among us, there is sometimes a disposition on the part of others to disparage or detract from the merit of their successful brethren, underrate the importance of their successes, or at least to 'damn with faint praise.' Surely of all vices envy is the meanest, and from this vice, Mr. Tolerton was as free as any lawyer we have met. He was a living refutation of the remark of the cynical Frenchman, that 'there is something. not altogether disagreeable to us in the misfortune of our best friends.' He rejoiced genuinely when others succeeded. Not only this, he helped them to succeed. No lawyer among us was more generous and kindly to other members of the profession. Many a young man, not only in but out of the profession, owes much of his success, his first start, to Mr. Tolerton's timely aid. There was no meanness in his makeup. One of the last things he said to the writer of this memorial was that in looking back over his life, that which gave him the most satisfaction was what he had done in the way of helping young men to get a start in life. "His development was not altogether symmetrical ; and herein perhaps is to be found the cause or explanation of his untimely- death, at an age when he should be in the enjoyment of his faculties at their full development. He had no faculty for recreation, and broke down prematurely under the strain of a business into which he threw himself all too eagerly. Life with him was an intensely serious matter. He was interested in all social, political and religious questions, on all of which his views were as decided and as quickly formed as in legal matters. The lighter side of life did not interest him. Novels he rarely looked at. Literature as such he did not cultivate. Out-of-door life had no special attraction for him. He was simply so constituted that he could not, as the saying is, 'take life easy.' "Of his religious faith and life this is not the place to speak at length. As is well known, he was a loyal member of the Methodist Episcopal church and took a leading part in all the church activities. He never had any doubts as to the ground of his religious faith. He was as sure of himself here as everywhere else. One of his friends used to wish he was as sure of anything as Mr. Tolerton was of everything. "Earnestness was on the whole the controlling trait of his char- BENCH AND BAR - 447 acter, as lawyer and man. And so his life has left its impression on the bar of the community. "Few men will be more sadly missed. Others may have some of his qualities. We can scarcely hope to find them united. “‘He was a man—take him for all in all—we shall not see his like again.' Those of us who knew him will cherish his memory, and when we too are gone the influence of his life will still remain—as of one of whom it may be truly said, that the world is better for his having lived in it." Signed by Alexander L. Smith, John F. Kumler, Charles T. Lewis, Richard W. Kirkley and Thomas H. Tracy, committee of the Toledo Bar Association. MEMORIAL TO ALEXANDER W. SCOTT. At a meeting of the Toledo Bar Association, held on March 26, 1896, the following memorial commemorating the life and character of Alexander W. Scott was adopted : "Alexander W. Scott, a member of this bar, died at his residence in Toledo, March 9, 1896, after an illness of nearly seven months. "Mr. Scott was born in Bucyrus, Crawford county, Ohio, March 18, 1840. His father was Judge Josiah Scott, for more than twenty years a judge of the Supreme Court of Ohio. Mr. Scott graduated at Jefferson College, Pennsylvania, and immediately enlisted, with a number of his classmates, in the army of the Union. "In 1862, the Ninety-third Ohio infantry was recruited in the vicinity of Dayton, and Mr. Scott, who, with his father's family, had for some years been living at Hamilton, was among the first to enlist in that regiment. "On Oct. 17, 1862, he was commissioned as second lieutenant. The regiment was then commanded by Col. Charles Anderson, afterward governor of Ohio. In November, 1862, Mr. Scott was promoted to first lieutenant, his commission bearing date of Nov. 21. He was with the regiment at Nashville, in December, 1862, and at the battle of Stone's River, where the regiment was part of Baldwin's brigade in Johnson's division, and where it suffered severely in the fighting on Dec. 31. He commanded his company in the marches to Liberty Gap, Tullahoma, Bellefonte and Stevenson ; when it crossed Lookout Mountain and bivouacked in the valley below Chattanooga. Here he was taken sick, resigned in the fall of 1863, and returned to Hamilton. He recovered sufficiently, however, to return to his regiment before his resignation was accepted ; was mustered out as captain and returned to Hamilton, where he was admitted to the bar and commenced his practice of the law. "On Oct. 16, 1866, he was married to Cornelia A. Corwin, at Hamilton. During his early practice he was for several years in partnership with James E. Campbell, afterward governor of Ohio. "In 1875, he moved to New Lexington, Perry county, Ohio, to take charge of the legal business of the Ohio Central Railroad Company—then constructing its railroad—as the general counsel of the 448 - MEMOIRS OF LUCAS COUNTY company. When the road was completed and its general offices were moved to Toledo, Mr. Scott also moved to this city, where he has since resided. He retained the position of general counsel for this railroad company up to the time of his death. He was also general counsel for the Michigan & Ohio Railroad Company, and its receiver, until it was merged with the Cincinnati, Jackson & Mackinaw. "In 1885, he formed a partnership with John H. Doyle, of this city, the firm being Doyle & Scott until the admission, soon thereafter, of Charles T. Lewis to the firm, since which time the firm name has been Doyle, Scott & Lewis, and this partnership continued until Mr. Scott's death. "Mr. Scott was a Mason, having been a member of the Lodge, Chapter and Commandery, of which latter he was a Past Eminent Commander, and was at the time of his death a member of the Grand Commandery of Ohio. "At the time of his 'death his family consisted of his wife—Mrs. Cornelia Corwin Scott—and his three children : Catherine Falconer Bissell, wife of Frederick Bissell ; Josiah Scott, and Donald Corwin Scott. "In thus giving some of the events, in the life of Mr. Scott, his associates at the bar of Lucas county bear testimony that his extreme modesty, his dislike of ostentation or parade, and his steadfast refusal to talk about himself or his deeds, or to allow them to be recorded, makes it difficult to give the importance to many of his achievements that they are justly entitled to. "We know that he filled a prominent place at the bar and in the community ; that he was an able and conscientious lawyer, transacting business of great importance with marked skill and proficiency. He had a strong, clear and logical mind, thoroughly disciplined by study and application. In his railroad work, as counsel, he filled a place and won his way into the confidence and affection of his associate officers that will be hard to fill, and to them his death is a great bereavement. "With that part of the community at large with whom he came in contact or association, he was a general favorite—so much so that very few men had as many warm personal friends or were so generally liked. And this was just. He deserved to be admired and loved. He had a refined and scholarly taste, which he cultivated on all occasions. He was a scholar in books and a scholar in nature, and the study of books and the study of nature were his constant delight. He was a humanitarian in the truest sense. No honest appeal for help or advice was ever turned away from him without response in liberal measure. He was touched and pained at the ills and misfortunes of others, and rejoiced in their happiness and prosperity. He had a keen sense of justice, and all forms of oppression and wrong found in him an unflinching foe. He was a brave man, physically and morally ; a man without- fear for himself, and timid only for his family and friends, the fear of pain or misfortune to whom was his only fear. He loved his home and its surroundings, which he filled with brightness and sunshine, and during his long and painful sickness, his greeting was BENCH AND BAR - 449 always a smile and words of patience and resignation. Strong in Christian faith, he had no fear of death. "His loss to his family is too great and too sacred for words of ours, but it is also a loss to the profession and the community. We who survive him in the bar of the county desire to preserve his memory and to bear this testimony to his worth. In their great bereavement, we extend to his family our heartfelt sympathy and sorrow. "We ask the court to spread this simple memorial on its records, that there may be perpetuated thereby our estimate of the worth of a good brother gone to his rest." Signed by John H. Doyle, J. W. Cummings, E. D. Potter, Jr., and Richard Waite. MEMORIAL TO FRANK H. HURD. The following memorial was adopted upon the occasion of the death of the Hon. Frank H. Hurd : "Frank Hunt Hurd was born in the town of Mt. Vernon, at the old Hurd homestead, on Dec. 25, 1840. His father was the Hon. Rollin C. Hurd, at one time judge of the Court of Common Pleas of Knox county, and author of 'Hurd on Habeas Corpus.' "Judge Hurd was a distinguished compeer of Tom Ewing, Hoeking Hunter, Henry Stanberry, Rufus P. Ranney, Allan G. Thurman, and the giants of those days. "Mary B. Hurd, the mother of Frank Hurd, was the daughter of Daniel S. Norton—a pioneer of Knox county—and sister of the late Daniel S. Norton, Jr., United States Senator from Minnesota. The parents of Frank Hurd were distinguished by a refined and generous hospitality, a liberal charity, and were universally beloved by the community in which they lived. "Judge Hurd personally superintended his son's education up to the time he entered Kenyon College, and a great deal of the wonderful purity and simplicity of his diction is due to the Latin and Greek classics instilled into his mind by his patient father in the early days when it was plastic and impressionable. "Mr. Hurd graduated at Kenyon, in the class of 1858, at the age of seventeen, receiving the honor of class orator. He studied law with his father, in Mt. Vernon. Ohio, and was admitted to the bar, in 1861, when he was twenty-one years of age. In 1863, he was elected prosecuting attorney of Knox county, which office he filled with credit. In 1866, he was elected to the State Senate from the Knox district, and served one term with distinction. At this time he prepared the Criminal Code that was afterward enacted into law by the Ohio legislature. Mr. Hurd introduced into this code the provision permitting the accused to testify. The State of Ohio, at his suggestion, was one of the first to adopt this humane provision, which has now become nearly universal in the laws of this and other countries. "Mr. Hurd removed to Toledo in 1869 and, with Charles H. Scribner, formed a law partnership under the name of Scribner & Hurd. The office of Scribner & Hurd was originally in the northeast corner