BENCH AND BAR - 475 "He was graduated in the academical or classical department of Yale College. with the class of 1853. Shortly afterward, he began the study of law, in Toledo, with his brother, the late Hon. Morrison R. Waite, who afterward became Chief Justice of the Supreme Court of the United States. He was examined for and admitted to the bar in Cleyeland, Ohio, in 1855, and immediately thereafter, with his brother Morrison, opened a law office in Toledo, under the firm name of M. R. & R. Waite. This law firm established a reputation, for industry, integrity and fidelity to duty, that took rank among the foremost law firms of the State ; it enjoyed a very lucrative practice, and its reputation was not confined to but extended beyond the boundaries of our own State. "Upon the elevation of the senior member of the firm to the Supreme bench, Richard Waite formed a law partnership with his nephew, Edward T. Waite, son of the Chief Justice, which continued until the death of the junior member, in 1889, when Richard associated himself with Oliver B. Snider. This partnership lasted until Mr. Waite was elected Probate Judge of Lucas county, in 1902. He completed his term of service and retired from that office in 1906. "In 1857, he was married to Alice J. Toris, of Newark, N. J., and she with their five children—three sons and two daughters—survive him.. "Both as a lawyer and judge he was characterized for industry, conscientious and painstaking work, and the highest integrity. He never made the pretense of being a great lawyer, or among the foremost members of the bar of Lucas county, and he often used to say, `I am afraid they spoiled a good mechanic when they tried to make of me a lawyer;' but whoever has had occasion to be associated with him in the trial and argument of cases, or read and analyzed his briefs in cases which he prepared and argued in the Supreme Court of this State, know or will find that he misjudged himself ; and that his briefs and arguments were models in their arrangement, conciseness of statement and review and analysis of. cases. Among his briefs, notably is the one prepared by him in the Lavalley case, in the 36th Ohio State. “He gave evidence of his patriotism and loyalty to the Union cause in the Civil war. He enlisted and recruited Company A, of the Eighty-fourth Ohio infantry, and served with his regiment during the full term of service ; and again .as captain in the One Hundred and Thirtieth Ohio infantry. serving with his regiment in front of Rich- mond and Petersburg, Va. "As a soldier, he performed his duties faithfully and well, and held the highest respect. confidence and esteem of both officers and men of the two commands with which he served. "Richard Waite was possessed of a kindly and genial disposition, was modest in his bearing and easy of approach. and at all times was a courteous and obliging gentleman ; and no citizen of Toledo possessed in a larger degree the confidence and esteem of his fellow men. "In politics he was a Republican. At the convention of his party for the nomination of a candidate for Probate Judge, there were six 476 - MEMOIRS OF LUCAS COUNTY candidates whose names were presented to the convention. Mr. Waite's name was never formally presented, but when the ballots were cast and counted and it was found that he was being voted for by a few of his friends, on the following ballot he received almost the unanimous vote of the delegates, and he was elected to the office of Probate Judge of Lucas county by an overwhelming majority. "He was a member of the Loyal Legion, comrade of Toledo Post, Grand Army of the Republic, and a member of the Lucas County Bar Association and the Ohio State Bar Association. "His life, both private and public, was elevated from the simple, and his home life and domestic relations were ideal. "His death was peaceful, without pain or suffering, and, surrounded by those he loved, he passed over to the Great Beyond. "In a certain sense, what shadows we are and what shadows we pursue. but not in every sense ; for what has been worthily accomplished Will still live, and the memory of a good man, a true and loyal citizen, faithful husband and father, and an able and upright lawyer and judge, will not perish." Signed by George R. Haynes, N. H. Swayne, O. B. Snider, J. K. Hamilton, John H. Doyle, Irwin I. Millard, and E. D. Potter. MEMORIAL TO GEORGE D. BOONE. On Jan. 14, 1907, the following memorial, relative to the death of George B. Boone, was read and unanimously adopted : "George B. Boone was born near the town of Mecca, in Trumbull county, Ohio, Oct. 8, 1855. His boyhood was spent on a farm, and until his thirteenth year he attended the country school. At fourteen years of age he taught one term of school in the neighborhood, after which, for several years, he continued his education at West Farmington, until, in his eighteenth year, he was elected principal of the high school at Youngstown, Ohio. He entered Oberlin College, two years later, and there became a member of the class of 1879, the class to which Judge Barber belonged. He took the first collegiate course, graduating with high honors. The following year he taught the high school in Perrysburg. "In 1881, he entered the law office of Scribner, Hurd & Scribner, and the same year went to law school at Ann Arbor, spending his vacation in that office. He graduated at Ann Arbor, in 1883, and the same year was admitted to the bar. He remained in the office of Scribner, Hurd & Scribner, and Scribner & Hurd, in the old Drummond Block, until 1895, when he opened an office by himself in the Spitzer Building, where he continued the practice of law until the day of his death. "Mr. Boone came to the bar thoroughly equipped for the trial and office practice of the law. He presented his cases concisely, brought out the silent points clearly and forcibly, and at the same time with a conservatism and fairness that was successful with both court and jury. His relations with his clients and adversaries commanded their respect and confidence. BENCH AND BAR - 477 "He worshiped a devoted wife, whose death was a blow from which he never recovered. "He was kind and indulgent and faithful in the care of his daughter, an only child, and after her mother's death was both her father and mother. "He fully appreciated and lived up to the dignity that belongs to a member of our profession, and was, at all times and under all circumstances, a gentleman. He fulfilled his professional duties conscientiously and in the spirit of a Christian. "He died June 20, 1906, at the age of fifty-one, beloved by all who knew him. "May God bless and keep green his memory." Signed by Curtis T. Johnson, Harvey Scribner, Parks Hone, J. W. Schaufelberger, and J. A. Barber. MEMORIAL TO IRWIN I. MILLARD. On Feb. 18, 1908, the following memorial, relative to the death of Irwin I. Millard, was read and unanimously adopted : Irwin I. Millard was born Dec. 9, 1838, in Richland county, Ohio. His boyhood days were spent in Huron and Wayne counties. His early education was received in. the public schools of Greenfield, to which place his family removed in his youth. When seventeen years of age he entered the Fredericksburg Academy, attending a portion of each year, and teaching school in winter for a period of three years. By this time the drama of the Civil war was opening. Young Millard responded to the call of his country, and, Aug. 11, 1861, enlisted in Company I of the Fifteenth Ohio infantry. He served in that regiment, under Col. Moses Dickey, with the Army of the Ohio; being stationed most of the time in and about Bowling Green, Ky. The privations and exposures of the soldier's life proved too much for his health—always delicate—and, in 1862, by order of the regimental surgeon, he was mustered out on account of physical disability, so serious as for a time to place his life in danger. He returned to his home in Crawford county, Ohio, where his illness kept him for a year but, in 1863, after his recovery, he came to Toledo, where he was destined to pass the rest of his life and finish his career. "His first occupation was in the Recorder's office, where he served as Deputy Recorder for a year. He was then for a time book-keeper of the Erie railway line of steamers. His tastes and ambitions leading him to the law, he entered the office of Bissell & Gorrill, as a student, and was admitted to the bar in the spring of 1867, immediately becoming a member of the firm. From that time until 1891, he continued in the active practice of the law. The firm with which he was connected for many years had a leading business at the Lucas County Bar. Few litigations were carried on without their assistance on one side or the other. Irwin I. Millard was an active member of the firm, and, by his ability, industry and character, gained a reputation as a lawyer, while, as a citizen and man, no one stood higher. So greatly had he secured the esteem of his fellow citizens that, in the fall of 1890, by a large majority, he was elected Probate Judge of Lucas 478 - MEMOIRS OF LUCAS COUNTY county ; to this office he was re-elected three times, making a continuous service of twelve years—a length of service unequaled in this county. "To say that Judge Millard performed the duties of his office to the satisfaction of the people is only stating what every one knows. The Probate Judge is the advisor of the widow and the orphan. His court is continually open for business, and people of all classes and degrees approaching the tribunal are expected to have the privilege of an audience with the presiding judge. "Judge Millard, as Probate Judge, was always courteous and attentive, and to those seeking advice and counsel with reference to estates or other matters in his court, he was always kind and sympathetic and ready to advise. Not only was he a careful and impartial advisor, counsellor and friend, but as a judge, required to pass on important controversies and questions of law and fact, he showed conspicuous ability. While on the bench he was called upon to decide many important matters of law, involving new and close questions. His opinions in such, and in fact all cases calling for statement of reasons from the bench, were models of judicial clearness and reasoning. It was very rare that any decision of Judge Millard was reyersed. "It is safe to say that no man in Lucas county ever retired from the Probate bench more universally esteemed than Irwin I. Millard. The regard of this community for his memory was shown by the universal expression of sorry at his death and the great outpouring of people at his funeral. "Judge Millard was twice married. His first wife was Mary Catharine Keller, to whom he was married March 12, 1863, and who died June 25, 1894. The children of that marriage were four sons and three daughters. He was again married, Dec. 31, 1900, to Alice G. Gifford, who, as well as all his children survive. Happy always in his domestic relations, he was a devoted and affectionate husband and father. "The final departure from our midst of this wise judge and lawyer, this honored citizen so distinguished for his private as well as his public virtues, this kind husband, father and friend, merits from this bar, with whose members he always maintained the most intimate relations, more than mere passing remarks. "We, therefore, desire to place upon record this inadequate tribute to his memory. To his wife, family and kindred, we desire to express our deepest sympathy in their affliction. They and all his friends will ever treasure the memory of his noble life. We, his associates of the bench and bar of Lucas county, should always keep in mind the exam- ples his life, career and character affords of an honorable man, an honest lawyer, and a good citizen of the Republic." Signed by J. K. Hamilton, John H. Doyle, Clayton W. Everett, John Schlatter, and Thad S. Powell, Committee. MEMORIAL TO GEORGE R. HAYNES. On Feb. 17, 19o8, the following memorial, relative to the death of George R. Haynes, was read and unanimously adopted : BENCH AND BAR - 479 "George Randolph Haynes, son of George and Mary (Ford) Haynes, was born in Monson, Mass., Jan. 24, 1828, and died in Toledo, Ohio, Jan. 22, 1908. Had he lived two days longer his life would have covered a period of eighty years. In 1836, when he was eight years of age, the family removed to Ohio and settled on a farm in Huron county. He remained on a farm with his parents until he was seventeen years of age, in the summer time working upon the farm and in the winter months attending school in the neighborhood. He then entered Norwalk Academy and continued his studies there until he became of age. At intervals, during his attendance at the academy, he taught school. "Having chosen the law as his life work, he began his studies in the office of John Whitleck, of Norwalk, and, subsequently removing to Fremont, he entered the office of Judge Lucius B. Otis, where he remained until January, 1852, when he V/ as admitted to the bar. "Judge Haynes did not have the advantages of a classical or university education, but from what we know as to his mental attainments and his ability as a lawyer and judge, we may be sure that he made the best use of all his opportunities, that he was a thorough and careful student, and that by application and industry he laid the foundation deep and wide for the eminent success which he subsequently achieved in the practice of his chosen profession. "The first two years of his practice were spent in Fremont, and during one year of that time he served as Prosecuting Attorney of Sandusky county. "In 1854, he came to Toledo. and here he resided continuously until the time of his death, practicing his profession and serving the public in various positions of honor and trust. "To tell the story of his life in this community for this period of more than half a century is to tell the story of successful achievement, patient industry, honorable and exemplary conduct, and fidelity to duty in all the relations of life, public and private. "In the Spring of 1859 he was elected City Solicitor of the city of Toledo and served in that capacity for three years. "He was prosecuting attorney of Lucas county for four years, from January, 1864, to January, 1868. "During the Civil war, at the time of Morgan's threatened raid on Ohio and destruction of Cincinnati, he, with others, enlisted and performed services as a private soldier in defense of that city. "He was presidential elector for this Congressional district in the great campaign of 1872, and he was often mentioned by his fellow citizens as a suitable person to represent them in Congress, but political office was never really to his liking and he did not seriously consider such preferment. "During his practice at the bar in Toledo, he was. alone in business for only short periods. He seemed to prefer association. Some of his partners had been students in his office. Three of his partners are still living and are members of this committee. In the early days his partners were John Ray, Daniel O. Morton and Ira E. Lee. At a later period, Josiah F. Price, Clayton W. Everett and Angus Mackin- 480 - MEMOIRS OF LUCAS COUNTY tosh. At a still later period, George H. Beckwith and Emery D. Potter. "In 1883, he was the Republican candidate for Judge of the Court of Common Pleas in the First Subdivision of the Fourth Judicial District. The subdivision at that time was strongly Democratic, but, by reason of his high standing at the bar, and his well known fitness for the position,.he ran several hundred votes in advance of the other candidates on his ticket, and was elected by a small majority. In Lucas county the Democratic candidate for governor received a majority of 1,784, but Judge Haynes' majority was 2,237, thus leading his ticket in this county by over 2,000 votes. He received the certificate of election and served on the bench for a few months, but his election was contested in the State Senate and the office was awarded to his opponent. On the organization of the Circuit Court, in 1884. he was elected judge of that court for the Sixth Circuit, taking his seat on the bench Feb. 9, 1885. He was three times re-elected, and his fourth term, had he lived, would have expired Feb. 9, 1909. This marks a period of twenty-three years of continuous service on the Circuit Court bench. "Judge Haynes, during the twenty-three years of his practice, was recognized as a safe and sound adviser and. an able advocate. He had the highest respect of the courts, his associates at the bar and all who had occasion to know and observe him. His methods were plain and simple, without any display or oratory, but his address and manner were dignified and pleasing, and his arguments were persuasive and convincing. As a counsellor and advisor he took front rank. His opinions on legal questions and his advice in settling and adjusting differences were eagerly sought after by lawyers and litigants and thoroughly appreciated by all. As a judge, he was actuated by the purest sentiment and loftiest purpose, with a fixed desire to follow the law and to do impartial justice. His twenty-three years of continuous judicial service were years of hard labor, of prompt, close and conscientious attention to every duty, of unfailing courtesy to his associates on the bench and to all the members of the bar who practiced before him. His familiar figure will be missed in the open contests of the court room. and the private discussions of consultation room. "With a mind stored with legal knowledge, with a high order of reasoning faculties, with a calm and equable temperament, and with an intense longing to do what is right and just, he was an invaluable member of the court and contributed in no small degree to the high reputation which the Circuit Court of the Sixth Circuit has always borne throughout the State. "Judge Haynes had a charming personality. He was uniformly kind in his manner, always considerate of the views and feelings of others, rejoicing with his friends in their prosperity and consoling and aiding them in their trials and sorrows, and with it all, as quiet, modest and unassuming a gentleman as it has been our pleasure to know. "It is no wonder, then, that all who knew Judge Haynes had for him only the most kindly feelings and now sincerely mourn his death. BENCH AND BAR - 481 In this community and throughout the counties comprising this judicial circuit, he was universally respected and beloved. "For four successive terms he was elected Circuit Judge without any solicitation, on his part, to secure either his nomination or election. On each occasion the only question was whether he would consent to the use of his name as a candidate. Only a short time before his death there came to him from the people of the circuit an expression, without a dissenting voice, of their wish and expectation that he would stand as a candidate for a fifth term. And when, in response to this expression, he announced that his advancing years admonished him that he ought not to and could not accept a renomination, we all remember the deep feeling of regret with which this announcement was received by all classes of our citizens. "Judge Haynes was not what might be called an aggressive man, nor was he a money-maker. In the days of his practice at the bar, lawyer's fees and their opportunities for making money were not what they are now. If they had been the same, it is doubtful whether he would have profited by it. His wants were few, his tastes were simple, and, as he himself often used to say, he had no tact for making money and no ambition to be rich, and that a reasonable competence was all that a wise man should desire, for it seemed to him more likely to bring happiness than the possession of accumulated wealth. "His salary as a circuit judge remained the same during his entire service on the bench. as it was fixed by the original law establishing the Circuit Court, passed in 1884. He never received the benefit of the increase of salary, given by the law of 1904, as the law was passed after his last term of office began. "In 1857, he was married to Miss Ann Raymond. of Toledo, an estimable lady who died Dec. 28, 1898. He is survived by two daughters—Mrs. Elizabeth (Haynes) Rudolph and Mrs. Anne (Haynes) Ewing, both residing in Cleveland. Ohio. To them we tender our deepest sympathy in the loss of a kind and loving father, and assure them that it is a pleasant memory to us, as it must be to them, that in all the relations of life, their father was faithful to every duty and has left a record without a blemish and worthy of emulation by all. "For over fifty years he was an active and influential member of the First Congregational Church of Toledo, being for many years a teacher in its Sunday school and an officer of the church, and at the time of his death he held the honorary position of Deacon Emeritus. In this church, on Jan. 24, 1908, the eightieth anniversary of his birth, was held the funeral services in the presence of a large assemblage of his neighbors and friends, including the members of the Lucas County Bar and delegations from the bar of each of the other counties in this judicial circuit. The services were simple—in keeping with the character of the deceased—and included an eloquent and touching tribute by the pastor of the church ; and on the same day his remains were deposited in their last resting place in Forest Cemetery, of Toledo, by the side of his beloved wife. "In the death of Judge Haynes this bar has lost one of its oldest and ablest members and an honest, just and good man. 482 - MEMOIRS OF LUCAS COUNTY " 'His life was gentle ; and the elements So mixed in him, that Nature might stand up And say to all the world, This was a man.' "We respectfully ask your Honors that this memorial, as a mark of our respect and affection for our deceased brother, be spread upon the records of the courts over which your Honors preside, and that the clerk be directed to furnish a copy to the surviving daughters." Signed by Isaac P. Pugsley, Emery D. Potter, Clayton W. Everett, Rathburn Fuller, George H. Beckwith, J. K. Hamilton and 0. S. Brumback. MEMORIAL TO JOHN T. NEWTON. On Jan. 6, 1909, the following memorial, relative to the death of John T. Newton, was read and unanimously adopted : "John T. Newton, son of John and Laura (Thompson) Newton, was born in Richfield, Summit county, Ohio, Jan. 4, 1822, and died in Toledo, Ohio, July 6, 1908. He lived to the ripe age of 85 years, 6 months and 2 days. "Beginning life and working as a boy upon his father's farm, he early manifested a desire to obtain an education, and, through the help of friends and by his own industry and perseverance, was able to acquire that mental training which was destined to become so useful to him in his subsequent career. "In 1846, he graduated at Granville College, of Granville. Ohio—now known as Denison University—and, in 1849, at Harvard Law School, of Cambridge, Mass. Among his classmates in the latter institution, with whom he maintained cordial relations down to the time of their deaths, were Judge Horace Gray, of the United States Supreme Court, and Hon. George F. Hoar, of the United States Senate. "Mr. Newton began the practice of law in Cleveland, Ohio, where he soon was associated in business with Horace Foote, who subsequently became a distinguished judge of the Court of Common Pleas of this Judicial District. "He moved to Toledo, in 1860, and here he resided continuously to the time of his death ; and here he practiced his profession actively and diligently, with eminent success, until his retirement, which occurred about twenty-five years ago. Shortly after coming to Toledo, he formed a partnership with Charles Kent, one of the leaders of the bar of that period. In 1868. I. P. Pugsley was admitted to partnership, and the firm of Kent, Newton & Pugsley continued for fifteen years, until 1883. "Mr. Newton was a careful, conscientious, able lawyer. He had a keen, analytical mind, and was especially strong in the preparation and presentation of legal arguments. He was a great student and reader, both of law and literature. Books were his constant companions, even to the last. His well selected home library contained very many of the standard works of history, biography, poetry and science, and every day, with rare intelligence and skill, he was reading, consulting and discussing their contents. BENCH AND BAR - 483 "Very few of Mr. Newton's colleagues at the bar survived him. Of those now present and listening to this memorial, including both bench and bar, it is not probable that there are more than three or four who knew him as a lawyer. Most of his associates, who were more nearly of his own age, have long since passed away. We mention a few names—Waite, Baker, Bissell, Osborn, Collins, Kent, Pratt, Haynes and Lemmon—men of force and character, who knew John T. Newton well and respected his ability as a lawyer, his honor as a man, and his standing as a citizen of this community. "Mr. Newton was not only a good lawyer, but he was a practical, far-seeing, sagacious business man. By wise investments and prudent and skillful management he was able to amass a considerable fortune. He always, from the beginning, had faith in Toledo, and at an early. day, and from time to time, invested largely in centrally located real estate, which, with the growth of the city, and by reason of judicious improvements, became very valuable. No man can say that a dollar of his wealth was acquired by improper means. He was honorable and upright in all his dealings. "He never held public office and, although he was frequently urged to become a candidate for official position in the line of his profession and otherwise, he yielded to pressure only once, and then became a candidate for the State senate, but his party was in the minority in the district and he was defeated. "Mr. Newton was a charitable man and a generous giver to objects which he deemed worthy, but in all things he shunned publicity. He disliked everything that savored of boasting or notoriety. Institutions here and elsewhere, which he believed to be doing good and helping people without means, were constant recipients of his bounty. He was especially interested in and always materially aiding young men and women who were trying to obtain a practical education, or fit themselves for a trade or profession. His most recent benefaction, known to the public, was the erection for the Young Women's Christian Association, of Toledo, at an expense of over $4o,000, of a home as a memorial to his deceased wife. "Without attempting to enumerate all his beneficent acts, it is proper to refer on this occasion to one which concerns us as lawyers. In the year 187o, some of the younger members of the- bar, believing that the time had arrived when efforts should be made to establish and maintain a law library, organized the Toledo Bar Association for that purpose. Mr. Newton was one of the first among the older members of the bar to aid and encourage these young men in the accomplishment of this worthy object. So heartily was he in sympathy with their purposes that he offered to turn over to the Association, as a nucleus, his own library. It consisted of 700 volumes of English and American State Reports. which he had spent years in collecting and was, at that time, the largest and best law library in the city. The Association was to have the books and pay for them when it was able, if ever, and at its own price. This offer was gladly accepted, and thus was laid the foundation of what we are proud to consider one of the best 484 - MEMOIRS OF LUCAS COUNTY law libraries in the State, now numbering over lobo̊ volumes. Except for Mr. Newton's assistance, at this early period, the project might have failed. It certainly gave an impetus to the movement and materially helped in the progress and growth to its present proportions. Fortunately, the association was able, in course of time, to pay for the books the moderate price that was fixed. Mr. Newton, at the time and many times thereafter, said that it was his desire and intention to return to the Association the money paid him, preferring to treat the books as a gift, and so, in his last will and testament, he bequeathed to the Association the sum of $5,000, which is more than twice what the books cost. "On Oct. 5, 1853, he was married to Miss Virginia Baldwin, of Cleveland, an estimable lady, who for more than fifty years was his devoted wife and companion. She died Nov. 8, 1906. "We deem it fitting in this public way to pay all due respect and honor to a man who, during the period of his professional life, was such a prominent and useful member of this bar, and who took such a leading and effective part in the business, social and benevolent activities of the community. "We respectfully ask that this memorial, as a mark of our respect and affection for our deceased friend, be spread upon the records of this Court." Signed by Isaac P. Pugsley, I. E. Knisely, Emery D. Potter. G. W. Kinney and Alexander L. Smith. MEMORIAL TO ELISHA B. SOUTHARD. On Jan. 4, 1909, the following memoriam, relative to the death of Elisha B. Southard, was read and unanimously adopted : "Once again has the mystery of death invaded the ranks of the. Lucas County Bar and laid low one of our members, Elisha B. Southard, who died June 11, 1908. "Mr. Southard was born, of English-American ancestry, in Washington township, Lucas county, Ohio, Sept. 12, 1863. His youth was spent upon his father's farm and his education was obtained in our public schools. Choosing the law as the field for his life's activities, he entered upon its study under the tutorship of his brother, Hon. James H. Southard, and was admitted to the bar in 1885, after which time he was actively engaged in the practice of his profession at the Lucas County Bar until the time of his death. "He was married, April 4, 1894, to Miss Bertha E. Hineline, and of this union four children were born—Charlotte, Robert, Martha and Morgan, all of whom survive him. "In point of years, Mr. Southard ranked as one of the younger members of the bar, but, measured by the kind of service he rendered in the profession, he could well be classed among the older members. "During the period of his practice we all came to know him well, for to meet him was to soon become well acquainted. Indeed, he was so approachable, so open and frank, and so free from hypocrisy and BENCH AND BAR - 485 concealment, that a short acquaintance demonstrated he was the soul of integrity, generous to a fault, of exemplary habits, an untiring worker, an able lawyer, a loving husband, and a kind and indulgent father. "While Mr. Southard's associates could thus readily form an estimate of his rugged honesty, it was the privilege of those who came into intimate association with him to more fully understand the deep and altruistic love he bore for mankind in general, and his untiring efforts to promote the welfare of his fellowman. It was this that led him, single-handed and alone, to take a stand for the reform of political conditions in Toledo that threatened the good name and welfare of our people. Persevering in his determination to start an independent movement that would afford the people an opportunity to overthrow the political domination of a few, he became the Moses to lead the people out of an Egypt of political ills into a cleaner political atmosphere. "As showing Mr. Southard's freedom to conviction, it is well known he did not always look upon some things the way he did during his later years. Indeed, his views of politics, of religion, and of many other things in early life, were widely different from what they were at the time of his decease. His active mind was given to searching out, analyzing, weighing and comparing conflicting ideas on all sorts o f subjects, with the result that he came to accept as correct in later years many doctrines which, earlier in life, he had rejected. And with him, to be convinced in his own mind of the correctness of any principle, was to proclaim it and act upon it. "He gloried in the achievement of principle, in seeing things rightly done, fully as much, if not more, than in hope of financial gain ; and so it was he expended much of his best energy along lines where material gain was not to be hoped for or expected. "An example of his enthusiasm in a cause where there was small hope of reward is afforded by his action in politics. He became thoroughly imbued with the idea that party fealty should never control a man's vote, and not only argued and declaimed against both of the old political parties, but wrote songs to inspire his followers. One of them reads " 'When clouds of party rule have passed, Then freedom's light will shine at last ; And man, unbound by party ties, May well his suffrage exercise. Behold the hour when party chains Are torn apart, and all the stains Of faction rule are wiped away, And honor sees the light of day.' "The tireless energy with which Mr. Southard labored is known to those intimately .acquainted with him. So close was his devotion to the tasks which he assumed that he found little time for any recreation. This continued for many years and doubtless contributed to cause his decease. 486 - MEMOIRS OF LUCAS COUNTY "Are we not admonished by the loss of a man thus stricken down in early middle life, that we, like chains, are no stronger than the weakest link, and that we should temper our zeal for achievement with a care, lest we impose upon ourselves burdens greater than our weakest link will bear ? "In the loss of Elisha B. Southard the Bar of Lucas County has sustained the loss of one of its most energetic and conscientious members ; therefore, be it Resolved, That, in the death of Elisha B. Southard, the Bar of Lucas County, Ohio, has lost a highly respected member, a man loyal in his friendship, staunch in his advocacy of that which he believed to be right, fearless in his denunciation of that which he believed to be wrong, honorable as an adversary, kind hearted and generous, always ; and it is further Resolved, That the Circuit Court and Common Pleas Court of Lucas county be requested to cause this memorial to be spread upon their journals and a copy thereof to be sent to the family of the deceased." Signed by Byron A. Case, Guy W. Kinney and Orville S. Brumback, committee. MEMORIAL TO GILBERT HARMON. On Sept. 27, 19o9, the following memorial, relative to the death of Hon. Gilbert Harmon, was read and unanimously adopted : "Gilbert Harmon was born in Thorndyke, Me., March 3o, 1834. His father, Elias Harmon, was a merchant and moved to Biddeford, Me., while his son was still a boy. He was fitted for college in the Fryeburg Academy and entered Tuft's College ; graduated in 1863, at which time he delivered the salutatory address. This college afterward conferred on him the degree of Master of Arts. He read law in Saco, Me., in the law office of Phillip Eastman, a lawyer celebrated throughout the State of Maine, and was admitted to the bar there in 1866. He came to Toledo in 1867. "He was converted to the Roman Catholic faith in 1869, and became a member of St. Francis de Sales Church, which was in charge at that time of the Reverend Father Boff. "He was elected a judge of the Common Pleas Court in this district in 1888, and presided on the bench in Lucas county for a term of five years, retiring in 1894. He engaged actively in the practice of law until the day of his death, which occurred, suddenly, Aug. 17, 1909, when he was seventy-five years of age. He literally died in the harness. "Judge Harmon had a thorough education to start with. He read Homer and Plutarch, Virgil and Horace, and all the ancient classics. in the original Greek and Latin. He was just as thoroughly informed on scientific subjects. He was passionately fond of literature, covered the whole range, and, with an unconscious discrimination, absorbed the best. He mastered the great principles of jurisprudence and came to the bar well equipped for the practice of the law. Like the rest of BENCH AND BAR - 487 the old-time lawyers, he recognized all the ethics of his profession and took pleasure in exercising its old-fashioned courtesies and maintaining its dignity. He loved the gladsome light of the courts and was at home in the strife, the wit and repartee of the trial. His decisions were clear expositions of legal principles and were generally affirmed. If he erred, it was on the side of mercy. There was never a breath of suspicion against his private character, and when he donned the ermine it covered nothing that was not whiter than itself. "Judge Harmon was married, in October, 187o, to Lucie C. Watson. daughter of 0. H. Watson. of Topsham, Vt., at her home. The union was blessed with four children. They lost one little daughter. His wife and three children—Esther, Lucie C. and Watson—survive him. His family relations were perfectly harmonious and happy. He was an affectionate husband and father and was greatly beloved by his wife and children. “He was active in works of charity, especially those connected with his church, St. Vincent's Hospital, the Society of the Good Shepherd and the Little Sisters of the Poor. His legal talent was always at their command, without money and without price. He was the first president of St. John's League and was instrumental in establishing the law department, under the direction of St. John's University. and was elected the first clean of this department. He was at the head of the Lucas County Federation of Catholic Societies, president of the Ohio Federation and vice-president of the National Federation. As a member of the bar and member of the church, and as a public-spirited citizen he was an example for us all." Signed by Harvey Scribner, George P. Hahn, James M. Ritchie, T. J. McDonnell, and E. D. Potter, committee. The following remarks were made on the death of Judge Harmon. by Harvey Scribner : "I came to Toledo in 1869. Judge Harmon had been practicing law here at that time for two years. and was thirty-five years of age. We were both lawyers and both Democrats, and became at once warm friends, and so remained until he was taken, from us. He belonged to the old guard of Frank Hurd, and was at the forefront in those great political fights in Sandusky, Fremont, Norwalk, Port Clinton and Oak Harbor, with Marshall Davis, Emery Graves, Frank Lambkin, Ned Skinner, Charles J. Kirschner, Michael Shannon, and a hundred other heroes I could name who are gone, and who fought, not for reward, but for the pure love of their chief and his great principles of free trade, the gold standard and the liberty of the individual. Think of Frank Hurd fighting for the privilege of leading his party to victory in this district. To the day of Mr. Hurd's death, Judge Harmon was his warm friend and loyal adherent. Loyalty was part and parcel of his character—loyalty to his party, loyalty to his church. loyalty to his family and his friends. What virtue is greater than this ? "He was born and grew up in the little village of Thorndyke. a short distance from .the southeast coast of Maine. where he could feel and breathe the salt breeze of Penobscot bay. His character partook of that rugged country and its pure and sparkling atmosphere. When 488 - MEMOIRS OF LUCAS COUNTY he came to Toledo, he seemed to bring the ocean breezes with him. While he was stern and decided and uncompromising on all questions on which he had made up his mind, and seemed forbidding on the surface, to those who knew him, he was gentle and affectionate. He was one of the most engaging and companionable men I ever met, overrunning with humor and contagious merriment. He was an omnivorous reader, read the classics in the original Greek and Latin, had an inexhaustible store of all kinds of knowledge. He was a handy man to have around—he saved you the necessity of going to an encyclopedia. Shakespeare was as familiar to him as his A B C's. He especially loved the comedies and reveled in the fun of Falstaff and Sir Toby Belch. He was fond of the literature of Queen Elizabeth's age, and of the times of Johnson and Goldsmith. He was certainly a captivating companion. "He became satisfied that the Catholic church most thoroughly represented the lovely and loving Christ, and unhesitatingly embraced that faith ; and every one within the sound of my voice knows that he conscientiously endeavored to live up to its high standard. Strange that the converts to that great church are among its most shining examples. "This custom of remembering our dead is the best custom we have. In the midst of our engagements, like a flash of lightning, one is taken away. Judge Harmon was just now with us, his eyes flashing and his wit dancing, and before you could say 'Behold,' the 'jaws of darkness devoured him up.' It is time for us to stop and consider, look at the rapidly narrowing horizon, take account of ourselves, and remember that there is some object in life besides making money. Resolve to imitate the example of our dead brother, and for the rest of our lives 'So live that we can approach our grave like one who wraps the drapery of his couch about him and lies down to pleasant dreams.' " The following remarks were made by E. D. Potter : "The memorial presented and read to Your Honors on the life and character of Judge Gilbert Harmon, and what has been said by Mr. Scribner, I know must meet with the approval and voice the sentiment of all those who knew him, and who had occasion to meet and become acquainted with him. "I can add but little, if anything, to what has been so well stated by Mr. Scribner in this memorial, and I only rise to give oral testi- mony of my knowledge of his worth as a citizen, lawyer and judge. "I became acquainted with Judge Harmon in 1867, when he came to Toledo. Our offices adjoined, and acquaintance ripened into a friendship and regard that remained during all the intervening years. "He was a scholar, and well versed and read in all the standard works of literature, ancient and modern ; and could readily quote at length many selections from both the Greek and Latin classics, as .well as the great English writers, in poetry and prose. "He was well grounded and versed in the study of the law. He was pleasant and entertaining in conversation, and full of pleasant recollections and memories, and numerous stories. BENCH AND BAR - 489 "He was quick to see the funny or ludicrous side of a situation, and as sensitive and quick to see the pathetic side. "As a judge he was firm and impartial, with a. high resolve to do what he thought was right and just, and with courage to follow his convictions, regardless of friends or opponents—and he did not hesitate to right a wrong if he found himself in error. "He had a high, noble and lofty conception of the obligations and duties devolving upon him as a judge ; and as a lawyer, he had the highest respect for the courts. No one could ever accuse Judge Harmon of belittling the courts, or uttering slanderous and libelous charges against them ; and he was firm in his resolve, as an officer of the court, to uphold the honor, integrity and dignity of the bench. "In politics he was a Democrat of the Jeffersonian type, and never avoided, when called upon, to voice his sentiments on matters National, State, or local. He was a ready and strong debater, and in the trial of his cases was courteous to the courts, opposing counsel and witnesses, and never neglected the honorable discharge of duties to his client, with an honest endeavor to aid and assist in the due administration of justice. "The last time I met Judge Harmon was in Judge Morris' room, a short time before the close of the last session of our courts. He was most cordial in his greeting. We sat and chatted together for some little time on books and authors. He asked me if I ever read 'Charles O'Malley, or the Irish Dragoon.' I told him I had. Needless to say that he repeated some of the quaint and laughable sayings of Mickie Free and Tom Powers ; and we lived over together again the times when we were young and had read and been delighted with the best of Charles Levers' stories. "Many will miss Judge Harmon's kindly face and smile, his cordial greeting and hearty handshake." MEMORIAL TO JAMES M. BROWN. On Nov. 1, 1909, the following memorial, relative to the death of James M. Brown, was read and unanimously adopted : "James M. Brown, for many years an active and prominent member of the bar of Lucas county, died suddenly at his home in this city on Aug. 25, 1909, in the seventy-fifth year of his life. "It is fitting that we, his late associates and colleagues of the bar, should take note of his life and death, and pay just tribute to his worth. "He was born in Delaware county, Ohio, June 2, 1835, where his father, Hiram J. L. Brown, followed the triple vocation of farmer, miller and merchant. His early education was received in the public schools of Delaware and at the Ohio Wesleyan University. At an early age he became- an apprentice to the printer's trade, in the office of the Olentangy Gazette, and followed the printing business in all of its departments for seven years, in the latter part of which period he was the editor and owner of the Oskaloosa Herald, at Oskaloosa, Iowa. In 1858 he retired from the printing business, returned to Ohio, 490 - MEMOIRS OF LUCAS COUNTY and entered upon the study of law in the law office of Lee & Brown, at Tiffin, Ohio. Two years later he was admitted to the bar, and began his professional career at Lima, Ohio, with William E. Lee, under the firm name of Lee & Brown. He continued the practice of law at Lima until 1869, when he formed a partnership with his former preceptor, Gen. John C. Lee, then lieutenant governor of the State, and removed to Toledo, where, under the firm name of Lee & Brown, they continued in active and-general practice until 1891, when the firm was dissolved by the death of General Lee. The legal business of the firm was continued and conducted by Mr. Brown until 1893, when he formed a law partnership with his oldest son, Walter F. Brown, under the name of James M. & Walter F. Brown, and this partnership continued until a few months preceding the death of Mr. Brown. "In 1865 he was married to Miss Lavina C. Folger, of Massillon. Ohio. She was his faithful helpmate and companion until her death, in 1887. "During the Civil war, Mr. Brown served as Deputy United States Marshal for the Northern District of Ohio, and also as assistant United States Assessor of Internal Revenue for the Fifth Congressional District of Ohio. "In politics, Mr. Brown was an active and zealous Republican. He was chairman of the Lucas County Republican Central Committee for many years, and the Lucas County Republican Executive Committee during the successive presidential campaigns of 188o, 1884 and 1888. For six years he served as a member of the Board of Elections of the city of Toledo. In 189o, Mr. Brown was appointed postmaster at Toledo, and served the public in that position for more than four years, with signal ability and success. "On the formation, some years ago, of the Board of Review for the city of Toledo, under existing law, Mr. Brown was appointed a member of that board, and was elected president of the board, which position he filled until his death. "He gave much of his time and thought to humane and charitable work and to other reformatory measures, looking to the protection of the helpless and unfortunate, and to the suppression of cruelty to child and brute. "In 1880, at the organization of the Toledo Humane Society, he was elected its president and, thereafter during his life, he was annually elected to the same position. He was also for many years an active and leading member of the American Humane Association, a national organization, filling many of its offices, preparing much of its literature, and was, at the time of his death, vice-president of that association. "Called to these various positions in social and political life, with their exacting and varied requirements, he discharged the duties of each with fidelity and care, while at the same time he was diligently pursuing the practice of the law, in the office and in the court room, and guarding and protecting the rights and interests of a large clientele with ability and success. "An intimate acquaintance with Mr. Brown at this bar for nearly BENCH AND BAR - 491 forty years enables us to speak with some degree of assurance of his qualities and qualifications as a lawyer. He was a man of clear judgment, of clean, well disciplined mind, well read in the precepts and principles of the law in all its departments ; of quick comprehension —active, alert, cautious, thoughtful, forceful, and resourceful—he was, by nature, by study and wide reading, and by force of character, well qualified to fill, as he did fill for many years, a conspicuous place at this bar and in this community. Now he rests from his labors and his works do follow him. "Honor to his memory and peace to his ashes." Signed by J. M. Ritchie, Julian H. Tyler, Elmer E. Davis, J. K. Hamilton, and Clayton W. Everett, committee. MEMORIAL TO LINN W. HULL. On June 12, 1905, the following memorial, relative to the death of Linn Walker Hull, was read and unanimously adopted : "Linn Walker Hull was born April 19, 1856, on a farm in Perkins township, Erie county, Ohio, near the city of Sandusky. His parents were both natives of America and types of its various virtues. The father, John Linn Hull, had come early to Ohio from Washington county, Pennsylvania, and married Angeline Walker, the daughter of Samuel Walker, a pioneer of Sandusky, and among the founders of the Congregational Church there, in 1819. John Linn Hull was a good farmer and a good man, with a wholesome interest in public affairs. He was twice elected a commissioner of his county, was a trustee for his township. and a member of its board of education. He and his wife spent their lives in Erie county, and their son, Linn Walker, continued a resident of the county where he had been born until his death. "Judge Hull was a representative man of all that was best in life. Like so many other men of his country who have won distinction, he had the beginnings of his formal education at the little district school of his native township, and from there, in time, went to the high school at Sandusky. Then he attended Oberlin College and Cornell University, and, having determined upon the professional life, entered the Cincinnati Law School, in which institution he was graduated, in May, 1883, with the degree of Bachelor of Laws. In June of that year, he was admitted to the bar of Ohio, and entered at once into practice. His choice of a profession had been well made. Almost immediately he displayed at the bar that ability which soon was to extend his practice and his reputation beyond his own county and later to distinguish him on the bench. Even in those first days of Judge Hull's practice, a member of this committee, while holding court in Erie county, was impressed with the readiness with which so young an advocate seized upon the legal questions involved in the causes he tried before him, and remembers well the zeal, the grace and the ability which Judge Hull then displayed at the trial table. "But Judge Hull's efforts were not narrowly confined to his own affairs. Twice he was chosen to represent the Second ward of San- 492 - MEMOIRS OF LUCAS COUNTY dusky in the school board of that city ; and, like most young lawyers, `was in politics,' as is the phrase, twice leading the forlorn hopes of a minority party as candidate for prosecuting attorney. He also acted as chairman of his party's committee and, in 1896, went as delegate to the national convention that nominated President McKinley. "In November, 1896, he was elected a judge of the Court of Common Pleas, and, while filling that post, was appointed, in October, 1899, one of the judges of the .Circuit Court for the Sixth Judicial Circuit, succeeding the Hon. E. B. King, who had resigned. In November of the following year, Judge Hull was elected to succeed himself as a member of the court for the full term, and served with distinction until he died. "He was also a candidate for the nomination for Governor of the State of Ohio, before the Republican State Convention, in 1899, with a very strong following in that convention, especially from his own section of the State. The turn of politics, however, together with certain representations and pledges made to him, induced him to withdraw his name from before the convention before the balloting began. "Judge Hull married, July 18, 1883, Mary Emily Hall, of Cincinnati. This union was ideal, and Mrs. Hull died only too soon, in August, 1887. The three daughters that had been born to him—Marguerite, Florence and Emily—were thereafter his constant companions, and the life of this home was beautiful, the father supplying a mother's tenderness. Latterly, of course, the daughters were necessarily away at school during a great part of the year, but the vacation of the schools and the vacation of the courts brought endearing reunions, the happiness of which was increased by the separation that had gone before. These daughters survive Judge Hull, as do also a sister—Mrs. Ida Hull Barber, the wife of the Hon. Jason A. Barber—and a brother, the Rev. J. H. Hull, of Frankfort, Mich. "Perhaps this sketch has not given a sufficient impression of the success that soon attended Judge Hull's efforts when he began the practice of the law. When he came among us as a judge of the Circuit Court, the members of the bar of Lucas county learned to know him more intimately than they had before, and they speedily formed an affection and respect for him which increased until he was taken away. "His reputation had preceded him in Toledo ; indeed, it had extended through all the counties of this region while he was still at the bar, for he was already widely known as a competent lawyer who was scrupulous in the discharge of his duties to the courts, to his many clients and to his professional brethren. Those judicial qualities which Judge Hull possessed in such large measure had already been displayed on the bench of the Common Pleas Court, and he had been recognized as a man marked for higher station and larger duties. "His career as a circuit judge established beyond question that his selection had been most happy and wise. Judge Hull demonstrated himself a jurist of no mean powers. He was clear and prompt in grasping the real questions involved in a case ; he went straight to the vital point, and that the many important decisions he so ably and BENCH AND BAR - 493 clearly rendered reflected the convictions of an honest and upright man was always beyond question. This won him our respect, and his affable, gentle nature, his kindliness and courtesy, endeared him to us. He was a good man to know, and there was that in his personality which made it a pleasure to meet him day after day. He was so natural, so unaffected, and of so sweet and cheerful a nature, that the atmosphere about him seemed always gladsome. He had a modesty that added to the dignity of his fine presence ; that dark, and large, and splendid head, cast in almost perfect mold ; that strong and intelligent face ; the kindling, kind blue eyes that were so filled with humor and sympathy—these characteristics that caused him to be loved will cause him to be missed and mourned, and the place his absence leaves in our hearts will not be easily filled. We shall always bear his memory gratefully. "We may say of him that he was a jurist with rare perception of justice ; a man of the simple tastes that make for real culture ; a rare nature with the kindness that betokens strength, and the modesty that accompanies dignity ; the humor that brightens the sane and serious life, and a genius for friendship, especially in the young. "If he erred in his judicial career, it was upon the side of humanity for his heart and sympathy were with the oppressed, and he abhorred injustice in whatever guise it assumed. He had the courage to stand by his convictions, and never hesitated to condemn wrongdoing, whether in high life or among the lowly. He detested shams and tore the mask from deceit with an unsparing hand. It was this courage to deal out even-handed justice from the bench. regardless of social, political or class influences, that peculiarly fitted him for his high calling, and won for him the full confidence of litigants and attorneys. "The qualities of courage so strong in him were never better shown than in the illness that he must have known to be his last. He went about cheerfully, smiling and serene. until the end, which came to him at Battle Creek, Mich.. on Saturday, May 27. 1905. "We. among whom he thus so bravely lived and moved. were at all times ready to say of him : “`His words were bonds, his oaths were oracles : His love sincere, his thoughts immaculate : His tears pure messengers sent from his heart : His heart as far from fraud as heaven from earth.'” Signed by George P. Kirby. I. P. Pugsley. Orville S. Brumback, Henry W. Seney, and Brand Whitlock. committee. WILLIAM PECK TYLER. Three brothers by the name of Tyler came to this country from England. in 1640. One settled in Connecticut. one in Virginia. and one in New Hampshire. William Peck Tyler descends from the one that settled in New Hampshire. His maternal ancestor. Samuel Peck, 494 - MEMOIRS OF LUCAS COUNTY came to this country in 1638; was one of the founders of the New Haven Colony and one of the signers of its by-laws. William Peck Tyler, second son of Justin H. Tyler and Hattie (Peck) Tyler, was born in Napoleon, Ohio, Oct. 21, 1863, and died at his home in Toledo, Ohio, Dec. 7, 1909, leaving a widow and two children. He was graduated in the Napoleon high school, in 188o, and prepared for college in the high school of Ann Arbor, Mich., in which he was graduated, in June, 1881, and entered the University of Michigan the fall of that year. He remained at the University of Michigan for three years, and, in the fall of 1884, he went into business. After his recovery from a serious and protracted illness, in 1886, he was appointed Paymaster's Clerk in the United States Navy, and served one year on the Pacific Coast. He was then appointed to a position in the office of the Collector of Internal Revenue, at Toledo, and shortly thereafter took up the study of law. He was admitted to the bar of this State on June 5, 189o. In 1892 he formed a partnership with his father at Napoleon, where he remained until 1893, when he entered the office of Brown & Geddes, of this city. In 1896 he formed a partnership with James E. Pilliod, which continued until 1903, when Mr. Pilliod retired to engage in business. In 1903 he formed a partnership with N. H. Swayne, B. A. Hayes and Rathbun Fuller, which continued until 1907, when he entered the office of his brother, Julian H. Tyler, and continued in the practice of law to the time of his death. On March 12, 1896, he was married to Charlotte Whitaker, daughter of William Henry Whitaker. Mr. Tyler was devoted to his profession and jealous of its dignity. He was loyal to his clients and tireless in his efforts to conserve their interests. He presented his cases to the court in a modest, logical and orderly manner that was extremely effective with both the court and the jury. He was universally beloved, and it was a common remark at the time of his funeral that he did not have an enemy at the bar. CHAPTER XVIII. THE MEDICAL PROFESSION. AFFLICTIONS OF THE PIONEERS-THE AGUE IN POETRY-SICKLY SEASON OF 1838-TREATMENT OF MALARIA VICTIMS-A SCOURGE OF CHOLERA-TRIALS AND INCONVENIENCES OF EARLY PHYSICIANS-THE FIRST PHYSICIAN IN THE COUNTY, AND BIOGRAPHICAL MENTION OF SOME OF HIS SUCCESSORS-MEDICAL SOCIETIES-MEDICAL COLLEGES-HOMEOPATHY-SKETCH OF DR. BISSELL AND OTHER PRACTITIONERS OF THE HOMEOPATHIC SCHOOL. During the early days in Lucas county the settlers suffered considerably from illness. Especially was this true of the year 1838, which is remembered throughout the entire lake region and the Ohio valley as "the terrible sickly season ;" and for many years thereafter the people suffered more or less in the summer and autumn of every year. The settlers of the county, and particularly those who made their homes in the rich bottoms of the various water-courses, were terribly afflicted with fevers and racked with chills. It was those conditions that contributed to the inspiration of that "mute, inglorious Milton," who gave to the early literature of the Maumee valley that well remembered poem, the closing stanzas of which follow : "On Maumee. on Maumee, 'Tis Ague in the Fall The fit will shake them so, It rocks the house and all. "There's a funeral every day, Without a hearse or pall ; They tuck them in the ground, With breeches, coat and all." The present generation of dwellers on "the Maumee," in view of the exceptionally good health of the region, feel no sensitiveness over the old-time reports in that respect, whether set forth in prose or rhyme. They can even endure the "old, old story" of the traveler, who, following directions to take "the main traveled -road," soon brought up in a graveyard. In this connection may be pertinent an article from the Maumee Express, of Nov. 24, 1838, in which the then not rare subject. "The Ague." is philosophically treated. It was written by Henry Reed, Jr., who was at that time editor of the paper, - 495 - 496 - MEMOIRS OF LUCAS COUNTY after the issue of two or three editions of what were called "halfsheets," or sheets half the regular size. In one of these issues he stated that everybody about the office was sick—"both seniors and juniors—every person except the devil !" The editor said : "As there is a striking affinity between poverty and pickled salmon, so there no doubt exists a near relationship between the fever and ague and profane asseveration ; and if the Recording Angel has not on hand a fountain of tears more plentiful than the wash-pots of Edom, he has doubtless but a sorry time of it in the expenditure of elbow grease and blotting paper, to keep his accounts with this country posted up between the first of August and the last of September. Be that as it may, let a man try it, and if his pious matter does not become hard granite, his crystalline humors get out of all good humor, and the milk of his human kindness turn to rank 'Bonny-Clabber' in his bosom, he may congratulate himself on possessing more of the spirit of the martyrs than any man we wot of between the Great Lakes and the Pacific Ocean. We know we shall disoblige a young friend of ours. by stealing his doggerel : but, as it expresses what almost everybody feels on such occasions, we shall run the risk. The language has a savor of technology, but we hope no one will from hence infer the author : " 'I know it's not right to swear and curse, For it puts no money in the purse ; Besides, it only makes one worse, To curse and to swear. "But when a-body's shivering and shaking, Os dentes chattering, os humani aching. The spinal pillar twisting and breaking, Who can forbear?' " The sickly season of 1838 was marked by the most extreme drouth known in the history of the Maumee valley, commencing in midsummer and continuing until midautumn. Dr. Daniel Drake, an old and highly intelligent physician of Cincinnati, spent some time in Toledo, in 1842, and later furnished the following statement of the memorable drouth of four years previous : "The summer and autumn of 1838 were signalized by a drouth of longer duration and geographical extent than had been experienced from the first settlement of the country. It extended from the River Raisin, or some point further north, round to the head of the Huron river, on the south side of Lake Erie. if not still further east. The country, quite up to the sources of all the rivers lying between the Raisin and the Huron, suffered in nearly equal degree under its withering influence. On the bay and estuary of the .Maumee, according to Prof. Ackley, no rain fell from the third day of July until the fifteenth of October. Drs. Calvin Smith and George R. Perkins, of Toledo, reckoned its duration at four months. . . . All the smaller streams throughout the whole region were exhausted, and their beds THE MEDICAL PROFESSION - 497 became dusty. Wild animals of every kind found in that region collected on the banks of the larger rivers, and even approached the towns. Deer and raccoons were numerous between Toledo and Maumee City ; quails passed over the town plat ; and frogs of the shallow and sedgy waters of the old bed of Swan creek, now dried up, migrated in countless numbers through the streets of Toledo to the Maumee river. The wet prairies of the interior were dried, and the grass of the dried ones withered ; the marshes and pools of the post-tertiary uplands—even those of the Black Swamp, from the Maumee to the Sandusky river—were evaporated, their bottoms cracked open from shrinking, the leaves of many of the trees growing in them perished, and, in some instances, the trees themselves were killed. Under this great drying process it was that the ordinary autumnal fever was raised into such an epidemic as never was known before. But its sway was not equal in all parts of the region in which the drouth prevailed. The excavation of the canal was at that time going on from its mouth at Manhattan to its head at Maumee. The laborers, 400 or 50o in number. were chiefly Irish. who generally lodged in temporary shanties, while some occupied bowers formed with green limbs of trees. It does not appear that a greater proportion of these operators suffered than of the resident population, but a far greater proportion died. Prof. Ackley mentions a circumstance which deserves to be recorded. One canal contractor kepi a liquor store and sold whisky to all whom he employed, which was freely drank by themselves and their families. The mortality among these was very great. Another contractor lodged his operators on straw beds, in the upper room of a large frame house. made them retire early, kept them from the use of whisky, and nearly all escaped disease. r The occurrence of rain about the middle of October, with subsequent frost, put an end to the epidemic." The fever was so continuous throughout Ohio in those days, and so frightful were its effects, that it is remarkable that the settlers were heroic enough to remain in the new country. They stayed, partly through grim determination, partly through the natural indisposition to move backward, partly through love of the beautiful country, and largely through hope that is said—doubtless with accuracy—to spring eternal, for it was necessary for it to spring eternally in the breasts of the pioneers, to cheer them in their toil and suffering. Rich and productive as the lands were, there was a terrible drawback to their attraction in the shape of chills and fevers. So prevalent was this disease in some localities that not a cabin or a family escaped for a single year ; and it sometimes happened that there would not be a single well member of the family to furnish drink to the others. It is told that in such cases buckets would be filled in the mornings by those most able and placed in some accessible place, so that when the shakes came on each could help himself or herself. Had there been any seemingly possible way of getting back to the old settlements from which these adventurers had come, most, if not all, would have left the rich Maumee bottoms, with their shakes and fevers ; but, as it was, there were no railroads, or even wagon roads, on which they 498 - MEMOIRS OF LUCAS COUNTY could. convey their disheartened skeletons back to their old homesteads, with their fine springs and health-restoring associations. At the time of the year when a tedious land or water trip could be made there were enough in each family sick—to prevent any preparatory arrangements for such a return, while in winter there were more obstacles in the way than the sickness of summer. Thus, held not only by the charms of the scenery and the productiveness of the soil, but by the sterner realities of shakes and burning fever, few came that ever returned, and every year brought new neighbors. These fevers are described at some length by Dr. Daniel Drake, already mentioned, in his great work on the "Principal Diseases of the Inferior Valley of North America," published in 185o. They were called by various names—autumnal, bilious, intermittent, remittent, congestive, miasmatic, malarial, marsh, malignant, chill fever, ague, fever'n'ague, dumb ague—and Dr. Drake himself preferred to call them autumnal fevers. He was disposed to ascribe their origin to what he called a "vegeto-animalcular cause," meaning that the people were infected by organisms that were bred in decaying vegetation, and he pointed out that the disease could not be due to some organism that had a regular period of incubation, because people were not taken with the fevers until some time after the date of supposed infection. This, he stated—not in this language, which is more in the line of modern expression, but to the same effect—demonstrating a remarkable insight into the operations of nature. It is believed now that the malarial infection, whatever its original source, is spread by mosquitoes, but this the doctors and sufferers did not suspect, and if they had, it would have done them little 'good, so numerous were the insect pests, and so expensive would have been any adequate attempt to suppress them. At the time when people were exterminating bears, panthers, and vast forests, there was no time to make war on such small and ubiquitous things as mosquitoes. In combatting the fever and the chills the doctors depended on Peruvian bark (quinine) and calomel in heroic doses. Generally the unfortunate victim was first bled, then large doses of calomel were given, and the patient was cautioned to abstain from any acid food or he might loose his teeth, and the calomel was followed by quinine. Dr. Drake reported a case in Southern practice where a patient was given calomel for malarial fever in increasing doses until he took several ounces a day, and in a short time an entire pound of the drug was put in him. The fate of the unfortunate creature is not mentioned. Another patient was given 600 grains of compound of aloes, rhubarb and calomel in equal quantities for six days consecutively. There were other remedies. Dr. Joshua Martin, of Xenia, knew of a case where the chills were permanently cured in a small boy by standing him on his head at the access of the fit. "In many cases," said Drake, "the recurrence has been arrested by means which acted entirely on the imagination and feelings. Of this kind are very loathsome potions, which the patients have swallowed with disgust, and different charms or incantations, which rouse powerful emotions that change the innervation and destroy the habit of recurrence." There THE MEDICAL PROFESSION - 499 were some very remarkable cases of recurrence of the disease in various forms. One man was subject to monthly attacks of vertigo. and loss of consciousness. When medicine had checked this, the trouble soon returned with intervals of twenty-one days, and afterward for five years with periods of sixteen days. The chills and fever, while not so immediately fatal in ordinary years as yellow fever, from which Ohio has fortunately been spared, was worse in its effects. If a man recovered from yellow fever, he was none the worse for it, sometimes better ; but the victim of fever and chills often suffered all the rest of his life with neuralgia, liver or spleen disease, dyspepsia or diarrhoea. At times, however, the malarial fever assumed a malignant form and it was certain death unless the doctor was near at hand and happened to be able to check the paroxysms. It was this disease, common in every part of Ohio, that the pioneer doctors had to contend with. They battled nobly, some of them falling victims to their-antagonist, and it cannot be doubted that they performed a great work in alleviating the sufferings of humanity and encouraging the pioneers in the work of overcoming the evils of a new country. In time, with drainage and extensive cultivation of the soil, the dangerous conditions passed away, and Toledo and Lucas county are now as healthy as any of those older regions, to which the settlers longed to return in the days when they were shaking with ague. The cholera appeared in Toledo about June 1, 1852, and between that date and July 6, of the same year, 130 deaths occurred from that dread disease. Of the number, thirty-four cases were in what was then known as "Utah," and now East Toledo. The greater number of the deceased were strangers, largely foreigners but recently arrived in this country. It was officially reported that in a large majority of the cases no attention had been paid to the premonitory symptoms of the disease, the patients having been past recovery before their condition was made known to the authorities. The victims were huddled together, in close and pestilential quarters, and even when in way of recovery they were guilty of gross imprudence and neglect, and thus were subjected to fatal relapse. A large number of the cases were of persons just arrived here, with the germs of the disease already planted in their systems. A colony of German immigrants, then recently arrived, suffered greatly. Between July 6 and July 26, 109 deaths from cholera occurred, averaging more than five per day, and between the last named date and Sept. 1, when the disease had ceased its ravages, eighty-eight deaths were recorded. The aggregate mortality of that season was 327. The peculiarities as to subjects of its fatality continued throughout, there being comparatively few deaths among the classes of residents who were careful in habits and diet and prompt and judicious in the employment of remedies. All the conditions considered, it is safe to state that the prevalence of the disease in Toledo at that time was not due so much to local causes existing as to the condition and habits of those who happened to be here when attacked by the disease. At that time