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CHAPTER I.
LUCAS BENCH AND BAR.*
NO incident or event connected with the early Bench and Bar of this County or of the Northwestern Counties of the State, is so old but that it remains vividly in the recollection of members of the profession still living. That is a wonderful thing to contemplate. Lawyers who attended the first Courts held under any organized division of the State embracing the territory of the Northwest, are able, with the eyes of the living, to see the magic growth of but little over a half-century from swamp and wilderness to a great City, with its numerous thriving neighbors, magnificent farms, and population numbering hundreds of thousands. Lawyers who attended the first Courts held in the County at which any business was attempted, still attend upon the sessions of the same Court, participate in its deliberations, and are able to pass in review every event in its half-century's work, from its organization with half a dozen lawyers gathered from different parts of the State, its meagre business diposed of in a few days in each of its semi-annual terms, to the overburdened dockets of the multiplied Courts, its hundreds of lawyers and perpetual sessions of to-day.
To write, therefore, of the early Judiciary and of the early ' history of the Bar in our locality, is necessarily to write, to some extent, of the living, and of events which are within the short span of a man's business life; and the marvel I speak of is, that in the midst of a great City, the center of a great population surrounding it, and within the memory of its citizens, we can commence our record at absolutely the beginning.
The early history of Lucas County, the date of its formation out of the large territory formerly comprising the County of Wood, and the facts which led to the division of that territory, have, no doubt, been sufficiently told elsewhere in this volume, and will not need to be repeated here. As there stated, the County was organized in 1835, and became a part of the judicial subdivision then presided over by Judge David Higgins, of Norwalk, the first term of the Common Pleas Court being held on the 7th day of September of that year. The term was held by the associate Judges, the Presiding Judge not being present.
Judge Higgins first arrived in Toledo on the morning of April 27, 1836, where he was met by the three Associate Judges and opened
* Prepared by Judge John H. Doyle, of Toledo.
Court in a most formal manner. A Grand Jury was sworn and the men composing it were certainly among the most prominent citizens of the County. It is a tact, which every lawyer recognizes, that with the growth of Cities, the increase of wealth and business, and corresponding increase in the importance of matters litigated in the Courts, the character of juries decreases in corresponding ratio. To those who look upon the average jury in our Courts of to-day, and who know the prominent men of our early history, it will be interesting to read the names of the early jurors, and contrast them with the present; and I cannot refrain from recording the names of that first jury sworn in Lucas County. They were Jacob Gnagy, Henry Dilgart, Allison Demott, Samuel Searing, Oscar White, Alonzo Noble, James John, Cornelius Wiltse, Silas Barnes, David Mills, James M. Whitney, Calvin Comstock, Coleman I. Keeler, Willard J. Daniels and Luke Draper. No 15 men of corresponding prominence could- be obtained on a jury in the present age. Not because such are not liable to jury duty. Not because intelligence and reponsibility are not sought among the qualifications now, nor because of any fault in the system of the law, but for the reason that business men are not willing to perform this important duty of citizenship. Every excuse known to the law, and some not thus recognized, are resorted to for escape; and the laxity of the Courts in enforcing the law, their willingness to accept excuses from the unwilling, while so many arc anxious to serve, has resulted in the growth of a "class of professional" jurors, who are rapidly bringing into disfavor a system, which, in my judgment, is indispensable to free government and the impartial administration of justice through the Courts.
At that April term, 1836, of the Court, the only business transacted of a judicial nature was the following: On return by the Grand Jury of two indictments for petit larceny against John Wilson, his trial and conviction therefor followed with sentence in each case to six days' imprisonment in jail, and a small fine. The Sheriff, Cornelius G. Shaw, was amerced in the sum of $160 for failure to bring in the body of ono Henry Morgan, a defendant in an action of assumpsit, in pursuance of a writ issued and a rule made requiring the Sheriff to do so. Andrew Coffinbury, who
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then lived at Mansfield, was, on the opening of Court, appointed Prosecuting Attorney, and for attending upon the Grand Jury preparing the indictments and trying Wilson upon each indictment, he was allowed by the Court the sum of $15.00. An entry was made in an ejectment case substituting Robert A. Forsyth and Smith Daggett as defendants in place of the mythical "Richard Roe." Other proceedings at this term are noted elsewhere.
The first civil action commenced in Lucas County, was entitled "Lyman Andrews, Administrator, vs. James Lindsley & C. L. Wing, trespass on the Case," with Spink & Coffinbury as Attorneys for plaintiffs.
One of the earliest eases tried grew out of the controversy between Ohio and Michigan over the disputed boundary line.
After Ohio had asserted her right to territory to the Harris line, and had organized the territory into a County, an election was required to be held in Toledo, arid Benjamin F. Stickney, Platt Card, and John T. Baldwin were selected as judges and accepted. This was a violation of a "Pains and Penalties Act " of the Michigan Legislative Council, which made it an offense to acknowledge any other authority than Michigan in the disputed territory, and was an overt act against Michigan authority. Major Stickney had attended the session of Congress of 1834-5 as an active worker and warm partisan of Ohio, and incurred the enmity of the people of Michigan therefor. In March, 1835, he visited Monroe, when, much to his surprise, e was arrested on a criminal charge, based on his serving as judge of the election a year before under the authority of Ohio, and was thrown into prison. He was detained until he chained hail, which was required for his appearance at the next term of Court. In July of the same year Governor Mason sent a force of 250 men to Toledo to arrest young Two Stickney, a son of the Major, who was then in Columbus under the protection of Governor Lucas. They ransacked the Major's house, and not finding young Stickney, concluded to arrest the "old rascal," and marched him off to Monroe. This expedition was under the command of Warner Wing, who is elsewhere mentioned as practicing in our Courts after the question was settled. Major Stickney was again imprisoned, the charge against him being, after much consultation among the authorities, that of resisting an officer on the occasion of his former arrest. Bail was again exacted and given, but the Major did not return to Monroe at the subsequent or any other term of their Court, and his recognizance was forfeited and judgment entered against his bondsmen. They commenced an action against him in this County, and at the April term of l838 the case was tried and judgment rendered against the defendant, which was affirmed by the Supreme Court, at the term thereof first held in the County, at which Judges Lane and Grimke presided.
This much of the business of the Court is given as a history of its early work, because the names appearing in the records of its doings are identified with the history of the County, and to give a basis of comparision with the magnitude of the business of to-day.
The writer has often heard his father, who had been for some years a resident of the County, say, that he was one of the many who volunteered their services to Governor Lucas to protect the boundary by arms, and was present at many of the exciting incidents of the time.
The lawyers whose names appear upon the records and who attended the early sessions of the Courts in Lucas County, are the following: J. Stetson, John C. Spink, Pierre M. Irving, Richard Cooke, John M. May, Samuel M. Young, Joshua R. Giddings, Nathaniel Rathbun, Emery D. Potter, Noah H. Swayne, George B. Way, Willard V. Way, Daniel F. Cook, Benj. F. Wade, James Purdy, John Fitch, Warner Wing, Daniel O. Morton, H. C. Stowell, Benj. S. Brown, Henry Bennett, Henry Reed, Jr., Hezekiah L. Hosmer, Perkins, John It. Osborn, Myron H. Tilden, C. L. Boalt, Ozias Bowen, L. S. Lownsbury, Edson Allen; and later, Morrison R. Waite, Charles W. Hill, Caleb F. Abbott, Edward Bissell, Charles Pratt, Charles Kent, Edward Bissell Jr., and many others who belong rather to the present than the older Bar.
But few of these men were residents of Lucas County. Way & Cooke (a firm composed of George B. Way and Richard Cooke), Potter Fitch, Abbott, Morton, Allen, Lownsbury, Young, Rathbun, Brown and Daniel F. Cook, constituted the resident Bar ; the last three being residents of Maumee, the others of Toledo, which was then the County-seat. Spink, Bennett, Hosmer, W. V. Way, Stowell and Campbell, were of Perrysburg ; Boalt and Higgins of Norwalk ; Purdy, Coffinbury and May, of Mansfield; Swayne of Columbus; Wing & McLellan, of Monroe. Osborn & Tilden moved early from Norwalk to Toledo, and became prominent among the local Bar. Wade & Giddings, who were interested in some real estate speculations which brought them here frequently from Ashtabula County, had some business in our Courts. Ozias Bowen was from Marion.
The field of the early lawyers' labors was much broader in area than now. They traveled from County to County in the Circuit on horse-back or in wagons, for even the Stage-coach had not been introduced in the "Black Swamp region" generally enough to afford reliable means of travel. The lawyer's bag (not always the orthodox green cue ctf the profession) contained his wardrobe, his briefs and his library;
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the latter consisting mainly of Blackstone, Chitty and some work on pleading and precedents. Equipped with these, he started on his pilgrimage. Nearly the same men met in the different Counties, and fought their legal battles-those associated to-day being pitted against each other to-morrow. They lived in Taverns, played cards, enjoyed the usual social pleasures; discussed over again their cases and questions which arose in their trials; engaged in mental contest of wit and humor; and, obeying an unwritten law that existed and was recognized by every lawyer, was good natured, gentlemanly and courteous to each other, with rare and regretted exceptions.
There was no term of the Supreme Court held in Lucas County until 1838, when Judges Ebenezer Lane and Frederick Grimke held a short term at Toledo. Judge Lane lived at Norwalk. He was the predecessor of Judge Higgins on the Common Pleas bench, but had been transferred to the Supreme Court in 1830. Judge Grimke lived in Chillicothe. It is not the purpose of this article to give extended notice of any member of the Bench or of the Bar, and certainly not of those whose long and distinguished service on the Supreme Bench, have become a part of the history of the State. The older lawyers speak with enthusiasm of the old Supreme Court, as it traveled over the State with such men as Sherman, Tod, Lane, Grimke and Hitchcock, as Judges; and there is an evident sadness in the half-concealed regret at the change that was wrought under tine present constitution, which cannot be understood by the younger members of the profession.
Judge Higgins was succeeded in 1837 by Ozias Bowen of Marion, who held our Court for two or three terms, until in the winter of 1838-39, when the Legislature made a new Judicial Circuit of 10 of the Northwestern Counties, including Lucas and Wood, when E. D. Potter was chosen as the President Judge. he immediately purchased of Jonathan Neely of Maumee a magnificent horse, on which he rode proudly on his journeys through his Circuit. he served his term and earned the title of an upright and honest Judge. The salary of the Judges was about $1,200 per annum, until 1842, when the Legislature reduced the pay to $2.00 per day (Sunday included), which was the magnificent sum for which Myron H. Tilden, in 1844, left his successful practice and became the successor of Judge Potter.
Of the five Judges who presided in our Courts up to about 1850, three are still living. Judge Potter, still an honored and respected citizen of Toledo; Judge Tilden in Cincinnati, whence he moved in 1851, and where he has been one of the Judges of the Superior Court of that City; and Judge E. B. Sadler of Sandusky City, yet in the active pursuit of his profession. Judge Higgins left the profession in 1846, and moved to Washington, where he took a position in one of the departments, which he held until his death in January, 1874, being then over 80 years of age. Judge Bowen was elevated to the Supreme bench under the present Constitution, served one term with much credit, and died about 1876.
The Judges of the Common Pleas Court, from the retirement therefrom of Judge Tilden, down to and including the present occupants of the Bench, have been and are as follows:
E. B. Sadler, L. B. Otis, John Fitch, Samuel T. Worcester, S. F. Taylor, Walter F. Stone, William G. Lane, William A. Collins, T. P. Finefrock, Reuben C. Lemmon, Joshua R. Seney, James J. French, Charles E. Pennewell, Birdseye W. Rouse, Cooper K. Watson, William F. Lockwood, John Mackey, John H.Doyle, Isaac P. Pugsley, David If. Commager, George R. Haynes, Louis H Pike, C. P. Wickham, J. M. Lemmon, J. L. Dewitt and John L. Greene. Judge E. B. Sadler was called to the Bench on the resignation of Judge Tilden in the Spring of 1847, and was succeeded under the new Constitution in 1851, by L. B. Otis, who served until 1855. Judge Fitch was elected in the Fall of 1854, taking his seat on February 9, 1855, under an act providing for an additional Judge for the subdivision. he held the office for 15 years, being succeeded in 1870 by Judge William A. Collins, who served one term of five years. .Judge R. C. Lemmon was elected as the successor, and is now serving on his third continuous term, which will expire February 9, 1890.
The Legislature at its session of 1870-1, provided for an additional Judge for the First Subdivision of the Fourth Judicial District; and at the Spring election of 1871, .Joshua R. Seney was elected to such position. he resigned in November, 1874, when James J. French was appointed by Governor Allen to serve until the next annual election, at which time Birdseye W. Rouse was elected to fill the unexpired term, and also the full term thence ensuing. An additional .Judge had also been created by statute in 1869, and Judge Charles E. Pennelewell of Norwalk, and T. P. Finefrock of Fremont had successively held tine office, when in 1879, John H. Doyle was elected to succeed Judge Finefrock and held the office until 1883, at which time his elevation to the Supreme Bench caused a vacancy which was filled by appointment of Isaac P. Pugsley, and afterwards by election of Judge Commager, who still holds the office. Charles I'. Wickham, of Huron County, was elected to succeed Judge Rouse in 1880, and was re-elected in 1885, serving almost wholly in Huron, Erie and Sandusky Counties. He resigned in 1886, when he was elected as member of Congress from the Huron district. John M. Lemmon, of' Sandusky County, was, by the Governor, appointed
516 - HISTORY OF TOLEDO AND LUCAS COUNTY.
to fill the vacancy until the election of 1887, at which time John L. Greene, of Sandusky County, was chosen for the place.
In 1878 still another Judge was provided for by statute, and William F. Lockwood was chosen. He served five years. At the election in 1883, George R. Haynes was declared elected, commissioned and served about four months, when, on a contest, the Senate declared Louis H. Pike . elected, and he has since served. Judge Haynes was the following year elected to the new Circuit Court, created by constitutional amendment, and is now serving as Judge of that Court. At the November election, 1887, Judge Pike was a candidate for reelection, with Judge Pugsley as his chief' opponent, when the latter was elected, his term to begin November 6, 1888.
I do not intend to write at length of the modern Bench or Bar. I have not space to do so at any great length of the earlier members of either. They were, in greater part, men who came here from the East in search of the El Dorado supposed to be in the vast wilderness of what was then known as "the Far West." Educated in Eastern Schools of learning and morals-in the main ambitious, energetic, young, hopeful, vigorous, moral and intelligent men. The County was organized at a period of great speculation, nowhere more exciting and extravagant than on the Maumee. Money was poured into the Valley by Eastern capitalists to buy lands and lay out Cities, until the banks of the River became to a great ex tent a line of Towns "on paper." Speculation was at fever heat; prices were regulated only by the amount of advance over the last purchase which the owner would take; and the lawyer was an essential and tolerably wellpaid adjunct of this condition of things. Benjamin F. Wade once told the writer that, coming from Cleveland to Toledo on a Steamer, he found a man, also a passenger, who was on his way from Baltimore to Toledo to sell River tract No. 6, now part of the Filth Ward. Wade's solicitude was to get a contract out of him before the boat landed. Unable to get the seller to fix a price, he plumped an offer of $25,000 to him and closed the bargain to their mutual satisfaction, as the last price paid for it was in the neighborhood of $10,000, and Wade more than doubled his money. That tract of land was the subject of litigation for a good part of the time, since and until about half a dozen years ago, when, it is to be hoped, the titles were settled forever.
This period of speculation, fostered by the "Wild Cat " Banking system in vogue, begat an unhealthy credit system, which made the locality suffer in the succeeding panic that swept over the country ; and the business of the lawyer and the dockets of the Courts became greatly increased thereby. Many lawyers laid the foundations of considerable fortune during this early period, while some were lost in the financial wreck that followed. The great future of Toledo was a matter about which none entertained any doubt in those early days, and most of them remained here through good and bad fortune, with their eyes turned toward the " promised land," which was a part of their faith until sight was closed to terrestrial things.
Among the resident lawyers of the earlier time we are writing about, Potter, Fitch, Allen, Young and Osborn ; and of the latter period, Bissell, Pratt and Kent, are still residents of Toledo, and finding their early predictions fulfilled, are building greater hopes than ever on the future.
That was an able Bench and an able Bar. Indeed, Lucas County has always been distinguished for the ability of its lawyers. A prominent Judge of the Supreme Court used to say, that it was a pleasure to preside over a District Court in Lucas County. The lawyers were better prepared, presented their eases better, and were more courteous and polite to each other and to the Bench, than those of any County to which e was called. The example and influence of those prominent among the early lawyers, has always been felt in the local Bar. Such men as Morton, Waite and Hill, could hardly fail to leave the impress of their character upon the future of the profession. Industry, study, thoroughness, and honesty were the lessons taught, and their successors were apt at learning.
The early lawyers, of course, had their peculiarities, weaknesses and failings, as have those who are now occupying their places. They were human, but good specimens of humanity. Judge Higgins was austere and seclusive while on the bench, but impartial and sound. He would reprimand a lawyer for trivial departure from the decorum which he exacted during the sessions of Court, but would allow his own temper to lead him into absurd extravagances. Judge Bowen, on the other hand, was as mild and even tempered a man as ever wore the ermine; and yet, firm and fearless in the administration of justice, in which he never lost his temper and never carried the thinnest mark of severity.
George B. Way would fill a Court-room with a flood of eloquence, carrying Jurors and Courts with his magic words, and then, as compensation, would desert his office and his law books and give himself' entirely up to a luxurious indolence, or the pleasure of purely literary or artistic study.
Morton, with his magnificent physique, imposing height and appearance, his thorough knowledge of the law, and fluent and matchless address, was the most formidable opponent among the early lawyers. But he was wedded
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to politics. His great delight was in a political encounter, and he was ambitious to an extreme for political preferment.
Hill possessed more than most of men the two qualities-intense industry and acuteness. His scent was as keen as a hunter's. His labor and toil in his cases were continuous, and necessarily his success was phenomenal. Outside his profession he had two hobbies-the Public Schools and the Military. In the first, e was very useful, and contributed much to the perfection of the matchless Schools of Toledo. For the other he was not particularly adapted, but freely gave his best ability to his country during the War of the Rebellion as an Adjutant General of the State and in the field. This incessant toil finally broke him down physically and mentally, and the last years of his life were darkened by a clouded intellect and saddened by physical pain and financial troubles.
Andrew Coffinbury, who bore throughout his life the title of " Count," practiced law continuously from 1813 until his death, May 11, 1856. His soubriquet was first playfully given him by his associates at the Bar, because of 'a supposed resemblance to Count Puffendorf, a distinguished German jurist. The "Count" was among the early lawyers who "rode horseback " over the Northwestern Circuit from Mansfield, where e then lived ; and was appointed Prosecuting Attorney at the term of Court in the Spring of 1836 held in Lucas County. He was a man of rare attainments, genial and affable at all times, and much beloved by his brethren. He moved to Perrysburg about 1839, and in 1841 entered into a partnership with his son, James M. Coffin bury, then just admitted to practice, and who opened the office for the firm's practice at Maumee City. James was elected Prosecuting Attorney for this County the same year, and held the office for several succeeding years. He moved to Findlay in 1845, and in connection with his practice, edited the Findlay Herald for about 10 years. From there he went to Cleveland in 1855. He was severely injured in 1875 by his carriage being struck by a freight train which resulted in the loss of one of his legs. In January, 1841, e married Miss Anna M. Gleason, of Lucas County. He was nominated by the Democrats of Cuyahoga County several times for member of Congress and Common Pleas Judge. In 1861 e was elected Judge of the Court of Common Pleas, and held the office five years.
John Fitch was born in Schodac, Rennsselaer County, New York, February 16, 1806. His ancestors played an important part in American History by having descended from Thomas Fitch, Chief' Justice and Colonial Governor of the Colony of Connecticut under George III. His grandfather, Thomas Fitch, was a Colonel in the Revolutionary Army. He was admitted to the Bar in Albany, New York, after reading in the office of Thomas B. Ludlow of Nassau, in his native County, and of James Lynch of New York City. In the fall of 1836 he moved to Toledo, and was elected Prosecuting Attorney the first term at which he appeared as a practitioner in our Courts, a position which he held for a number of years. He was a terror to the criminal classes whom e was called to prosecute. A keen, skillful lawyer, he left no loop-holes for escape. He rose rapidly to distinction at the Bar, and in 1854 was elected Judge of the Court of Common Pleas, taking his seat February 9, 1855, an was twice reelected, retiring in 1870, after serving with distinction for 15 years. Like his early associates, Judge Potter and Mr. Young, e has passed his 82d year and is still living in our midst. Upon his retirement from the Bench resolutions of very complimentary character were passed by the Bar.
Of the very earliest residents of Toledo, scarcely one attained to more honorable prominence than did George B. Way. Born in Baltimore, May 5, 1811, he attended both Yale College and Miami University, Ohio; was admitted to the Bar in 1832 ; opened an office at Urbana; was married with Miss McCon in 1834; and came to Toledo in 1835, at the solicitation of several parties interested in the place. Mr. Way in 1836 took charge of a printing press and Materials, which had been provided, and started a newspaper which was named the Toledo Blade, the first number of which was issued in the fall of 1836. At the same time Mr. Way opened an office for the practice of his profession, which led to early success. During the first three years of the Blade, Toledo was the abode of several gentlemen of fine literary attainment, who were interested in City real estate. Among these were Joseph R. Williams and Pierre M. Irving, the latter a nephew of Washington Irving, who from tine to time contributed to the columns of the newspaper. The credit of conferring the name upon the Blade, seems to have been claimed for two parties-Mr Way and Mr. Williams. A writer in Livingston's Laze Journal in 1858, in a biographical sketch of Mr. Way stated that e named the paper, while Mr. Williams, in an article in the Blade of October 17, 1.853, claimed such act as his, giving particulars.
Soon after his arrival in Toledo, Mr. Way formed a partnership with Richard Cooke, a young lawyer from Connecticut, who died in 1839, very highly respected. Mr. Way then entered into like connection with Daniel McBain, now (1888) a resident of Chicago, which continued until Mr. Way left Toledo, in 1846. e had been the Mayor and a Councilman of the City. Going to Defiance, e became a partner with Wm. Sheffield in practice. In the winter of 1847-8, Mr. Way was elected
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President Judge of Common Pleas Court for the District, and continued as such until the office was abolished by new Constitution in 1851.
In 1838, two young men came from Norwalk to Toledo, and in a card announced their intention there to practice law. They were John R. Osborn and Myron N. Tiden. The firm was Tilden & Osborn, and it at once assumed a prominent place in the profession. Mr. Osborn, however, did not remain long here at that time. He had served as Clerk of the Senate of the State for the session of 1837-8. In the, fall of 1839 he returned to Norwalk. There he entered into a partnership with Courtland L. Latimer, under the firm name of Latimer & Osborn. In November of that year he was married at Columbus, with Miss Elizabeth P. Hartwell, a most accomplished and estimable woman who was universally beloved during the 40 odd years of their married life, when she was called to her Maker.
Mr. Osborn was born at Circleville, Ohio, April 1, 1813. He was the eldest son of Ralph Osborn, who was Auditor of State from 1816 to 1833, and quite prominent in State affairs at that period. Mr. Osborn graduated at the Ohio University at Athens in the fall of 1831, and entered the Law Department of Transylvania University at Lexington, Kentucky. He was also a member of the first class of the Law School at Cincinnati, under the instruction of Judge John C. Wright and Timothy Walker; was admitted to the Bar at a term of the Supreme Court held in Jackson County, in April, 1834. He moved to Norwalk, Huron County, in the fall of 1835, and there formed a partnership with Orris Parish, then one of the prominent lawyers of Columbus. It was during this time that Mr. Parish and Judge Higgins, elsewhere mentioned, got into a controversy that resulted in Parish's imprisonment. It arose in a criminal case, and during the clay there was a continual friction between the Judge and the Attorney. Just before the evening adjournment, Judge Higgins lost all control of himself', and ordered Parish to be imprisoned over night in the County jail. The Bar sympathized with the Attorney, and in procession marched with him to the jail, spending the night with him in high carnival, and in the morning forming an escort of honor back to the Court. Mr. Osborn was a Whig in politics until the formation of the Republican party, since which time he has been its very earnest surporter. He took an active part in the Harrison campaign of 1840, was elected to the Senate from the District composed of Huron and Erie counties in 1844, and was elected Prosecuting Attorney of Huron County for successive terms of about seven years. He was a delegate to the Republican National Convention of 1856, after which he returned to Toledo and has ever since continued to practice here. He was invited in 1854, by the syndicate organizing the Wabash Railway System to take charge of the legal department of that system for the State of Ohio; prepared the articles of incorporation, the first bonds and mortgage which were issued; and has had and still has charge of the legal business of the Company. From 1870 to 1879 e was in partnership with General Wager Swayne, the eldest son of the late Judge Noah H. Swayne, elsewhere mentioned, under the firm name of Osborn & Swayne ; and in 1S83 formed a partnership with his nephew, Alexander L. Smith, which continues at this date. Mr. Osborn is the oldest lawyer in active practice in the County, it being now nearly 54 years since his admission. He is in the 76th year of his age, and except a failing sight, is in excellent health.
Judge Tilden was born in Central New York, August 15, 1814, and was the son of Dr. Myron W. Holmes, who died before the birth of the subject of this sketch. When three years of age the family came to Ohio, settling in Huron County, where he was adopted by Dr. Daniel Tilden; a pioneer Physician, whose name was given him. He was educated at Norwalk Seminary, meantime devoting his spare moments to the reading of standard literature. In 1833 he entered the law office of Thaddeus B. Sturgis, then a leading lawyer of Norwalk, and completed his reading in the office of Judge Lane, then of the State Supreme Court. Mr. Tilden was admitted to the Bar in 1835. In 1833, in connection with John Kennan (yet of Norwalk), he started a newspaper, the Western Intelligencer, at Norwalk, which was ere long removed to Milan. Mr. Tilden commenced practice at Norwalk, with fair success, but seeking a larger field, he removed to Toledo, where, as already stated, e formed a partnership with Mr. Osborn, who returned to Norwalk in 1839. Soon thereafter C. W. Hill, and ere long Henry Bennett, became associated with Mr. Tilden. In 1839 Mr. Tilden was elected to the City Council, and in 1840 as Mayor, and re-elected in 1842, serving in the latter position for four years. In 1842 he was the Whig candidate for Congress, though, owing to a strong Democratic majority, he was not elected. In 1843, he was chosen President Judge of the Common Pleas District, serving as such until his resignation in 1847. Soon after this, in order to protect his interests as a stockholder in the Steamboat Indiana, he bought that craft, and ran it for two seasons. Not long thereafter he resumed practice, with Wm. Baker as partner. In 1850 he removed to Cincinnati. There he continued his practice, in association with different lawyers. In 1851 he was appointed Professor of Equity Jurisprudence in the Law School of Cincinnati College, serving as such for 10 years. In 1873 he was appointed Judge of the Superior Court of Cin-
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cinnati, and was susequently elected to the same. His terns having closed, he resumed practice, which was large and lucrative. Outside his profession, e always maintained a prominent and useful place in social, literary, business and other relations. Politically, he was formerly a Whig, but subsequently became a War Democrat, and acted mainly with the Democratic party. he still resides in Cincinnati, but from physical infirmities, is no longer able to continue his practice.,' July 1, 1835, he was married at Norwalk, with Miss Louisa Morse, a sister of Howard Morse, of' the firm of Poag & Morse, Wholesale Merchants at Toledo at an early date. Judge Tilden had fou. children, three sons and one daughter.
In the fall of 1837, there appeared the professional card of Swayne & Benjamin I. Brown, who opened an office at Toledo; Swayne then living at Columbus, and Brown living here and attending to the Toledo business of the firm. .fudge Swayne became interested largely in Toledo real estate, which he held for many years, having great faith in its future. As an Associate Justice of the Supreme Court of the United States, e became known throughout the whole country as an able lawyer, an upright Judgue and a man of sterling worth. Two of his sons, Noah II. Swayne, Jr., and Frank B. S wayne, are now practicing in Toledo with success, and are both good lawyers and estimable gentlemen. His eldest son, General Wager Swayne, who also practiced here for a number of years, is now a member of the firm of Dillon Swayne, New York City.
Caleb F. Abbott was one of the early settlers in Toledo. He came from Massachusetts, was a graduate of Harvard, and always prided himself on his New England birth and education. e was a painstaking and industrious lawyer, an intense Whig, an ardent admirer of Henry Clay, and greatly in love with politics. In a convention to choose delegates to a State Convention, the question as to the people's choice between Clay and Harrison for President, he exclaimed, " Who is this General Harrison?" He became, however, a warm supporter of that gentleman after his nomination. Mr. Abbott died in April, 1855, and a meeting of the Bar was held to take action on the occasion, when there was present, M. R. Waite, S. M. Young, Daniel McBain, C. W. Hill, James J. French, Y. C. Lemmon, Ira E. Lee, A. G. Clark, H. S. Commager, Charles Dodge, L. S. Lounsbury, J. L. Fuller, M. O. Higgins, J. J. Manor, Chas. Pratt, William Baker, H. L. Hosmer, Edson Allen, F. A. Jones, B. W. Rouse, John C. Epsy, J. H. Campbell.
At the time of the organization of the County Henry Bennett resided at Perrysburg, Wood County, but subsequently removed to Toledo and formed a partnership with Charles W. Hill, which lasted but a short time. he con-
* Judge Tilden died in 1888.
tinued to practice for a number of years, but quit the profession some 30 years since, devoting his time to other pursuits. He died during the past year, at the age of years. He had lived in retirement from active business for many years, enjoying a comfortable income. He was an amiable, even tempered gentleman of the old school, at peace with the world, and possessing the confidence of the community in an unusual degree.
Among the lawyers practicing here in 1854, was Judge Thomas M. Cooley, subsequently for so many years on the Bench of the Supreme Court of Michigan, Professor in the Michigan University at Ann Arbor, now a member of the Inter-State Commerce Commission, and author of many valuable text-books, among them being " Taxation, Constitutional Limitations, Torts," etc. He was in 1854 the Democratic nominee for Judge of Common Pleas, against John Fitch, candidate of the "AntiNebraska," since the Republican party, who was elected. Soon after that time Mr. Cooley returned to Michigan, finally making his home at Ann Arbor.
Frederick A. Jones died in Toledo, February 8, 1873. He was born at Grafton, Lorain County, October 10, 1823; received his education at Norwalk, Oberlin, and Granville; and was admitted to the Bar in 1849, about which time he was married with Miss Delia S. Case, of Granville, Ohio. For a tinge, he taught School at Jackson, Mississippi, but soon returned to the North and practiced law at Granville until coming to Toledo in 1853, where he continued his practice, having at different times M. O. Higgins and J. M. Ritchie as partners. In 1860 e was elected Probate Judge and was serving on his fourth term at the time of his death, He left a wife and two children.
Charles E. Perigo was a native of Otsego County, New York, and came to Toledo in 1844, entering the law office of Hill & Bennett as a student, and became a member of the firm as soon as his term of study was completed, which position he held at the time of his death from consumption, January 27, 1857, aged 33 years. His illness was long. He was a "man of strict integrity, pure morals and correct habits, a. good citizen and a kind friend, a devoted husband and parent." He left a wife and three children.
I am unable to give a complete list of the lawyers who have practiced in the Lucas County Bar. A list of those practicing at this date will be given hereafter. At a meeting of the Bar held in November, 1851, to take action of a complimentary nature on the retirement of Judge E. B. Sadler, there were present John Fitch, Caleb F. Abbott, Ira E. Lee, William H. Hall, Daniel McBain, E. P. Bassett, H. S. Commager, Edward Bissell, Jr., Daniel O. Morton, Charles Dodge, Charles M. Dorr, William Baker, John J. Manor, Edson Allen, M. R.
520 - HISTORY OF TOLEDO AND LUCAS COUNTY.
Waite, H. F. Waite, A. G. Clark, Samuel M. Young, John C. Espy, Charles E. Perigo, Henry Bennett, Chas. W. Hill, A. C. Harris, P. E. Latimer, B W. Rouse, Henry Reed, Jr., J. Baron Davis, Hiram Clark, James M. Coffinbury, H C. Stowell, Franklin Johnson.
To these names may be added as being here then, or coming not long thereafter, Charles Pratt, Frederick A. Jones, M. O. Higgins, N. W. Daniels, James J. French, R. C. Lemmon, Dennis Foley, Michael B. Doyle, Seraphim Meyer, Henry T. Bissell, John Ray, George R. Haynes, Josiah F. Price, Charles C. Starr, Edward A. Durbin. Richard Waite, James M. Ritchie, Thomas Dunlap, James W. McKimm, John L. Johnston, Andrew M. Blake, William It. Gorrill, Charles H. Gorrill, Emmett S. Latty, Angus McIntosh, Russell W. Livermore.
The prominent and active part taken by Edward Bissell, senior, in the earlier history of Toledo, is referred to elsewhere. His son, Edward junior, was educated at Yale College, and began the practice of law in Toledo in 1849, after serving as a volunteer in the war with Mexico, 1846-48. He has been one of the leading and most successful lawyers at the Bar ever since. His chief characteristic; is the absolute thoroughness with which e prepares every case and every act connected with his professional work. He is one of the thorough scholars connected with the profession. In 1864 e formed a partnership with William H. Gorrill, John H. Doyle and W. S. Thurstin, under the firm name of Bissell & Gorrill. The members of this firm have changed many times since. Mr. Gorrill died in California with consumption, in 1874. Judge Doyle left the firm and went on the Bench in 1879, but Mr. Bissell never would consent to have the firm name changed, and it stands the same to-day. Mr. Bissell was married in 1862 with Miss Sarah A. Secor, a sister of Joseph K. and James Secor, prominent wholesale merchants of Toledo. They have five children, Frederick, Maurice, Herbert, Walter and Charlotte.
William H. Gorrill died at Oakland, California, in September, 1874, aged 38 years. He was born at Bowling Green, Wood County, in 18:36, where he was raised and received his education until his entrance at Michigan University, where he was graduated from the legal course in 1862. Coining to Toledo, he formed a partnership with Edward Bissell, Jr., and soon was on his way to permanent eminence and success at the Bar, when disease of a pulmonary character developed itself in increasing force. Hoping by such change of habit to stay the progress of the enemy, he sought exercise in trips on the Lakes and Rivers, on which occasions e corresponded freely and very acceptably for the Toledo Commercial. I n 186'9, e sought health in California, where he established the Pacific Bridge Company, which arrangement was successful in a business way, and for a time promised confirmed improvement in health ; but this was only temporary, as the result showed. He left a wife (a daughter of Judge Walker of St. Clair, Michigan), and one child. Few young men have entered active life with higher promise both of business success and personal honor and usefulness, than did Mr. Gorrill.
Henry S. Commager, of Toledo, died at Galveston, Texas, of yellow fever, August 14, 1867. He was there in the capacity of an Internal Revenue officer. He came to Otsego, Wood County, in 1838, when quite young, and there was married with a daughter of David Hedges. In 1841 e entered the office of Young and Waite, at Maumee, as a student at law ; was admitted to the Bar in 1842; commenced practice it Maumee; went to Toledo in 1852, and was the Democratic candidate for Congress in 1854, his opponent being Richard Mott, the Anti- Nebraska or Republican candidate, who was elected. Mr. Commager was among the first citizens of Lucas County to volunteer for the defense of the Union, in 1861, enlisting first as a private in the Fourteenth, and subsequently in the Sixty-Seventh Regiment, of which latter he was Major and LieutenantColonel; and afterwards Colonel of the One Hundred and Eighty-Ninth Regiment. In 1866, e was again the Democratic candidate for Congress, when e ran 800 ahead of the party ticket, though not elected. He led the Sixty-Seventh Regiment to the dreadful charge at Fort Wagner, Charleston Harbor, July, 1863, where he was severely wounded. As a citizen he had a large circle of friends. Judge David IL Commager is a son of General Commager.
Charles M. Dorr was among the earliest law students of Toledo, as he was for thirty years prominent in political and public affairs. He was born in Hoosac, New York, in 1815, and came to Toledo in 1838; read law there with John Fitch ; was admitted to practice in 1839; elected to the City Council in 1847, and again in 1849; elected Mayor of the City in 1851, '53, '55, '57 and '65. He was a man of genial temperament and marked personal popularity, as indicated by the elective positions held by him. He died suddenly of apoplexy, April 20, 1870, aged 55 years. October 5, 1841. e was married at Toledo, with Miss Caroline Hertzler, daughter of Christian Hertzler, who yet survives him, as do five of six children.
James M. Whitney died at Toledo, February 7, 1874. Born in Salem, Washington County, New York, November 9, 1802 he was married in 1829, with Lovinia Remell, who died April 5, 1862. February 8, 1863, he was married with Imogene Nicholas, at Mt. Vernon, Ohio who with one child survives him. With his father-in-law, Mr. Whitney came to Toledo in 1831, and build a log house near the present residence of Henry Philipps, corner of
LUCAS BENCH AND BAR. - 521
Bancroft and Fulton streets, Mr. Salmon H. Keeler, then and now a resident of Toledo, aiding in the erection of the building. Mr. Whitney subsequently practiced law, and about 1854 engaged in the Hardware trade. He was one of the first Justices of the Peace in the County, holding the position for several years. he was a man of genial disposition and had many friends. His health had been poor for some time, and he died from paralysis.
James M. Ritchie was born in Dunfermline, Scotland, July 28, 1829, and came with his parents to the United States in 1832. In 1852 he removed to Lorain County, Ohio, and there taught school. He was elected Justice of the Peace in 1854 on the " Anti-Nebraska " issue, and commenced the study of the law, and in 1857 was admitted to the Bar in this County, and permanently removed here in September, 1858. He was elected Judge of the Police Court in 1867, and after holding the office about a year and a half resigned, to resume the practice. he was a delegate to the Republican National Convention in 1880 that nominated Garfield for President, and in the fall of that year was nominated for Congress and elected, serving as a member of the 47th Congress. He is now actively engaged in the practice, is a thorough student, a lover of books, and an orator of considerable polish and power. In criminal cases he has been unusually successful.
Charles Kent has been in active practice since 1850, and is still, in partnership with his son, Charles E. Kent, an active member of the Bar, although now somewhat impaired in health. The old firm of Bassett & Kent was long a leading one in the profession. It was succeeded by Kent & Newton, and later by Kent, Newton & Pugsley, and commanded more than the average business and confidence. Mr. Kent has borne the reputation for a quarter of a, century of being one of the ablest lawyers that we have had in our local Bar. His first partner here, Edward P. Bassett, still lives in our midst, but an impaired hearing and feeble health have compelled him to abandon active duties. John T. Newton, for many years his successor in the firm, has also practically retired from the practice and devotes himself to the care of an ample fortune, which he has been more successful in accumulating than the majority of his brethren. The other member of the firm, Judge Isaac P. Pugsley, was appointed Judge, as before stated, upon the elevation of Judge Doyle to the Supreme Court, and was at the election in November, 1887, chosen as Judge of the Common Pleas Court for five years, to succeed Judge Pike.
Judge Joshua R. Seney, who served part of a term as Judge of the Court of Common Pleas, and resigned to resume the practice, which he preferred, is a native of Seneca County, and came to Toledo in 1864. He has been and still is a prominent member of the Bar, and an affable and courteous gentleman.
Judge William A. Collins is still in active and general practice, enjoying, as he always has, the confidence of his brethren and clients. He was an incorruptible and learned Judge, and is distinguished for his ability and integrity as a lawyer.
Charles H. Scribner was a leading lawyer in Knox County for 20 years before removing to Toledo, in 1869. In 1867 he was a member of the State Senate and Chairman of the Committee that prepared the Municipal Code of the State, and also prepared the present Criminal Code. He is the author of the leading and standard text book on " The Law of Dower," a treatise in two volumes, published in 1864 and 1867, and recently republished. He vas a member of the Constitutional Convention of 1873, and while serving was nominated by the Democrats for Judge of the Supreme Court, but defeated. In November, 1887, he was elected as a Judge of the Circuit Court, for the Counties of Huron, Erie, Ottawa, Sandusky, Lucas, Wood, Fulton, Henry, Defiance and Williams. Since coming to Toledo he has had a leading practice, and is regarded as among the ablest lawyers at the Bar. He was born near Norwalk, Connecticut, in 1826 ; was apprenticed in early life to the saddle and harness trade, and is in every sense a self-made man.
It would be a pleasure to continue these sketches of the brethren of the Bar, but the limited space allotted to this article forbids. Several of the leading lawyers have extended notices elsewhere. But such men as W. S. Thurstin, Alex. W. Scott, Judge Pugsley, Clarence Brown, Barton Smith, Gilbert Harmon, Emery D. Potter, jr., E. W. Tolerton, D. R. Austin, Richard Waite, Charles T. Lewis, A.W. Eckert and many others, whose names are given in the list of practicing lawyers, are none the less entitled to distinction as lawyers of ability and honor, than those already noticed. 1 have to some extent confined the special notice to those who have been longest in harness, and whose labors in the ordinary course of events will soonest end, or to those who have already thrown off the yoke and left a memory which it is a duty, as well as a pleasure, to perpetuate.
MEMBERS OF LUCAS COUNTY BAR.
Following is a complete list of the members of the Lucas County Bar, those marked with a star (*) not being in active practice:
*Allen, Edson. Brown, James M.
Austin, David R. Brown, Clarence.
Austin. James, jr. Brumback, Orville S.
Ashley, Charles S. Baker, William.
Alens, Albert. Baker, Rufus H.
Bissell, Edward. *Bassett, Edward P.
Beckwith, George H. Beeford, Irvin.
522 - HISTORY OF TOLEDO AND LUCAS COUNTY.
Barber, Jason A. Lemmon, Charles H.
Bunker, Henry S. Lewis, Charles T.
Beard, Philander C. Lang, Albion E.
Beard, Ellsworth M. McKee, Richard M.
Bunn, Charles,, Millard, Irwin I.
Barton, Robert W. Macomber, Albert.
Beckham, Carl. Moore, Edward D.
Collins, William A. McDonnell, Terrence J.
Chase, John A. McGahan, Patrick A.
Cummings, Joseph W. Morris, Lindley W.
Curtis, Cornelius S. Merrill, Horace A.
Commager, David H. Murray, Jerome.
Clark, Albert G. Melchers, Milo.
Carpenter, Clement. Newton, John T.
Crane, Arthur P. Newton, Eben.
Cochran, Robert H. *Nye, E. Dwight.
Coldham, Ashton H. Osborn, John R.
Calder, J. R. Odell, Morgan N.
Corkery, Thomas J. Parks, Lysander K.
Cook, D. F. (Maumee) Pilliod, James E.
Doyle, John H. Pugsley, Isaac, P.
Dodge, Charles. *Potter, Emery D.
*Dodge, Frederick B. Potter, Emery D., jr.
Dunlap, Thomas. Potter, Erskine H.
Dodd, Ezra S. Pike, Louis H.
Everett, Charles W. Pratt, Charles.
Eckert, Augustus W. Pratt, Henry S.
Eckert, Edgar H. Platt, Harvey P.
Eaton, Charles. Poag, John.
Ford, Joseph D. Raymond, Erwin P.
French, James J. Read, W. H. A.
Farquharson, Andrew. Rouse, Birdseye W.
France, Christian F. Rhodes, Edward H.
Fitch, John. Rickenbaugh, Frank W.
Fuller, Rathbun. Richardson, Louis G.
Ford. Samuel A. Ritchie, James M.
Geddes, Frederick L. Ritchie, Byron F.
Greer, .John T. Rike, John C.
Geer, B. T. (Swanton) Reno, Benjamin F.
Hamilton, J. Kent. Seney, Joshua R.
Hanahan, P. Snider, Oliver B.
Hall, Almon. Scott, Alex. W.
Harris, Wm. H. Smith, Barton.
Huntsberger, Isaac N. Smith, Alex. L.
Harmon, Gilbert. Southard, James H.
Hurd, Frank H. Southard, ElisHa B.
Howe, Henry E. Scribner, Charles H.
Harrington, Nathaniel. Scribner, Harvey.
Humphrey, George W. Swayne, Noah H.
Hayes, Birchard A. Swayne, Frank B.
Hill, Avery S. Sala. Frank M.
Haynes, George R. Stone, R. B.
Hueston, James M. Schunk, Hugh F.
Hudson, Preston C. Sumner, Charles E.
Hunt, James E. Thurstin, Wesley S.
Hone, Parks. Thurston, Johnson.
Hiett, Emery R. Tracy, Thomas S.
Hipple, J. Tolerton, Elihu W.
Jackson, Win. H. Tucker, Win. H.
Johnson, C. F. Thomas, Daniel E.
Kumler, John F. Waite, Richard.
Knisely, Isaac E. Waite, Edward T.
Kent, Charles. Wilson, Arion E.
Kent, Charles E. Wilson, Charles G.
Kinney, Guy W. Wachenheimer, Lyman W.
Kohn, Samuel. Wright, Frank E.
King, Harry E. Waggoner, Marshall O.
Kirby, George P. Webster, William.
Lee, John C. Werr, C. L.
Lee, Ira E. Wilkinson, L. H.
Lee, Henry E. Woodworth, Charles.
Lemmon, Reuben C. *Young, Samuel M.
The total number of members, November, 1887, 158.
The following announcement was made soon after the date therein given:
Married at Willoughby, Ohio, June S, 1843, by Rev. Mr. Clark, Hon. Emery D. Potter, of Toledo, President Judge of the 13th Judicial Circuit, and Miss Mary A., daughter of Thomas Card, of Willoughby.
This event having occurred during a term of Court, the Bar deemed it proper to signalize the same by holding a festival, a report of which was prepared " for the Bar only," and was not published until some 30 years thereafter. It was as follows:
At a meeting of the Bar in attendance at the Court of Common Pleas for Lucas County, to take into consideration the present condition of the Bench of said County, " Count " Coffinbury was called to the Chair.
On motion of D. O. Morton, which was seconded by J. C. Spink, the meeting adopted the following unanimously
"WHEREAS, we are informed that Judge Potter, the Presiding Judge of this Court, is about to enter the matrimonial state, by which the sum of his earthly happiness is to be immeasurably enhanced; and
"WHEREAS, so happy an event is a fitting cause for rejoicing and festivity ; therefore,
"We, the undersigned, members of the Court and Bar, will meet at Mr. Neeley's Hotel, in Miami, this (Thursday) evening, to partake of a supper to be prepared for the occasion."
On motion, J. C. Spink and D. 0. Morton were appointed as Committee of Arrangements.
On motion, all of the officers of Lucas County were invited to join said meeting.
ANDREW COFFINBURY, Chairman.
At 9 o'clock P. M., the guests assembled around the sumptuous repast (which " mine host " of the "Miami" knows how to get up). James Myers, " Clerk of said Court," was appointed President for the occasion, and Morrison R. Waite, Vice-President.
After the supper was concluded, an ode (composed expressly for the occasion at the request of the Bar, by Andrew Coffinbury) was sung to the tune of Auld Lang Syne, by John Brownlee and others, with great applause. After which the meeting were entertained with several songs, together with the following toasts:
By James Myers. Judge Potter-May the issue which he this night joined result in a long family record.
By Henry Reed, Jr. lion. E. D. Potter-May his subsequent life be as his Judicial career has been honorable.
By John C. Spink. Judge Potter-May the decision he has this night made, never be overruled or reversed.
By T. C. Worder. The Bride-By her union, a bright star has been plucked from the galaxy of virgin loveliness. May she become a central orb, around which diamonds of beauty nay cluster in transcendent and glowing effulgence.
By D. F. Cook. Judge Potter-May the suit he has this evening instituted prove an amicable one.
By James M. Coffinbury. Our President Judge-May he prove as kind a Husband as he is a Judge; and as tender to his offspring as he has been urbane and gentlemanly to the younger portion of the members of the Bar, who have grown up around him.
LUCAS BENCH AND BAR. - 523
By D. O. Morton. After some incidental remarks appropriate to the occasion, he asked leave to read a sentiment he bad cut from a newspaper.
By Andrew Coffinbury. The President of this Judicial Circuit-His declaration is good, his plea sound, his replication complete, and his verdict happy. By Thomas Clark 2d. Mrs. Potter-May the judgment she has this night obtained never be reversed by a higher tribunal.
By Benj. P. Smith. The Associate Judges of Lucas County-They have set the President Judge a good example; may he follow it.
By Horace F. Waite. My Brother Bachelors-May we very soon file our declaration in Cupid's Court; may love draw up the plea, and affection the rejoinder; with bashfulness alone demurring; and the verdict be the loss of liberty ; wife the docket fee, and the babies the legal tender for costs.
On motion of Henry Reed, Jr., the meeting adjourned to the sitting-room of the Hotel, when the ode was loudly called for ; after which Mr. Spink responded to a call, rehearsing a highly amusing patent sermon, in which he delineated the style of the popular preaching of the day.
On motion, the meeting adjourned, without date.
JAMES MYERS, President.
M. R. WAITE, Vice-President.
Beside the persons above named, F. L. Nichols (then an Associate Judge), Captain Amos Pratt, Charles K. Scott, Wm. Carter and H. T. Smith (Editor of the Maumee River Times) took part on the occasion. Of those named in that connection, the only ones now known to be living are M. R. Waite, Chief Justice of the United States Supreme Court ; Judge Potter and F. L. Nichols of Toledo; Henry Reed, Jr., of California ; D. F. Cook, of Maumee ; J. M. Coffinbury, of Cleveland; and Wm. Carter, of Bryan, Ohio. Mrs. Potter died very suddenly March 14, 1847, aged 24. A son 6 months old died the day previous. The only surviving child of the mother, was Emery D. Potter, Jr., now of Toledo. Mrs. Potter was highly esteemed by a large circle of friends.
THE SUPREME COURT OF OHIO.
As stated elsewhere, the first term of the Supreme Court in Lucas County at which material business was transacted, was in 1838. There was, however, a short term at which some formal matters were transacted held in July, 1837, presided over by Judges Ebenezer Lane and Reuben Wood ; in 1838 the Court was held by Judges Lane and Grimke ; in 1839, by Lane and Wood ; in 1840, by Wood and Peter Hitchcock ; in 1841 and 1842, no session of this Court was held in this Count v. In 1843, it was held by Wood and Matthew Burchard ; in 1844, by Wood and Nathaniel C. Reed ; in 1845 and 1846, by Wood and Burchard, in 1847 and 1848, by Burchard and Edward Avery; in 1849, by Hitchcock and William B. Caldwell; in 1850, by Hitchcock and Rufus P. Spalding; and in 1851, by Hitchcock and Caldwell.
The new State Constitution went into effect in 1851, and the District Court was created which took the place of the old County Supreme Court. The District Court was held in the respective years by the following named Judges, to wit:
1852, by Thomas W. Bartley of the Supreme Court, and Samuel Humphreyville and Lucius B. Otis.
1853, by Otis, Humphreyville and Starkweather.
1854, by Otis, Humphreyville and Horace Foote.
1855, by Otis, Starkweather. Fitch and Foote.
1856, by Otis, Humphreyville and Starkweather.
1857, by Thomas Bolton, James S. Carpenter and Jesse P. Bishop.
1858, by Sebastian F. Taylor, Carpenter, Bishop and Foote.
1859, by Foote, Carpenter and Samuel T. Worcester.
1860, by Jacob Brinkerhoff of the Supreme Court, and Bolton and Foote.
1861, by Foote, Worcester, Bishop and Taylor.
1862, by Milton Sutliff of the Supreme Court, Foote and John L. Greene.
1863, by Josiah Scott of the Supreme Court (father of Alex. W. Scott, now of the Toledo Bar), Bolton, and James M. Coffinbury.
1864, by William White of the Supreme Court, Foote and Stevenson Burke.
1865, by Foote, Bolton and Coffinbury.
1866, by Brinkerhoff', Foote and Burke.
1867, by Luther Day of the Supreme Court, Foote and Samuel B. Prentiss.
1868, by Scott, Foote and Prentiss.
1869, by John Welch of the Supreme Court, Walter F. Stone and W. W. Boynton.
1870, by Foote, Prentiss and Boynton.
1871, by Day, Foote and Prentiss.
1872, by Foote, Charles E. Pennewell and Samuel W. McClure.
1873, by Foote, Boynton and Robert F. Payne.
1874, by Payne, McClure and Darius Cadwell.
1875, by Prentiss, McClure and Cadwell.
1876, by Prentiss, Cadwell and J. M. Jones.
1877, by Prentiss, Cadwell and Jesse H. McMath.
1878-9, by .tones, G. M. Barber and E. T. Hamilton.
1880, by Jones, Hale and Cadwell.
1881, by Barber, Hamilton and S. E. Williamson.
1882, by Cadwell, Jones and Henry McKinney.
1883, by Hamilton, Barber and J. E. Ingersoll.
1884, by McKinney, Jones and John W. Heisley.
By an amendment to the Constitution adopted in 1884, a Circuit Court was created, which commenced in February, 1885, when Judges William H. Upson, Charles C. Baldwin and George R. Haynes were elected, and have held the Court here since that date, two terms each year being held in each County of the Circuit.
There were 27 Common Pleas Judges elected in 1851, under the Constitution which then went into effect. Of these it is believed that the following only are now living: Stanley Matthews, Associate Justice of the Supreme Court of the United States ; Judges Warden and Whitman, both ex-Judges of the Supreme Court of Ohio; Judge Bates of' the Columbus District; Judge Otis of our District; and Judge Welker, who is mentioned in connection with the Federal Judiciary.
It will be seen from the above record, that Judge Horace Foote of Cleveland, held District Court in Lucas County in 16 different years; and that there was not a term of the District
524 - HISTORY OF TOLEDO AND LUCAS COUNTY.
Court in this County omitted during the existence of that Court.
THE FEDERAL JUDICIARY.
By act of Congress, passed February 10, 1855, the State of Ohio was divided into two Judicial Districts the Northern, with the Courts at Cleveland ; and the Southern, with the Courts at Cincinnati.
In July, 1870, an act was passed providing for the holding of two terms of the District Court at Toledo, annually, at such times as the District Judge should fix, but giving to it no term of the Circuit Court. Judge Charles T. Sherman was then the Judge, and held several terms of the District Court here. In 1873 he resigned, and Martin Welker was appointed to succeed him by President Grant, on the 28th of November, 1873. Judge Welker held his first term at Toledo in December of that year, and with three terms at Cleveland and two at Toledo annually, has not missed holding his Court since.
On the 8th of June, 1878, by act of Congress, the Northern District of Ohio was divided into the Eastern and Western Subdivisions, the Western Division consisting of Lucas, Williams, Defiance, Paulding, Van Wert, Mercer, Auglaize, Allen, Putnam, Henry, Fulton, Wood, Hancock, Hardin, Logan, Union, Delaware, Marion, Wyandot, Seneca, Sandusky, Ottawa, Erie and Huron Counties. The act required all suits of a local nature in the Circuit and District Courts against a single defendant, resident of the State, to be brought in the Subdivision in which he should reside; and where there were two or more defendants, residing in different Divisions, permitting the action to be brought in either of these. It made all offenses cognizable and indictable in the Division where committed, and required all Jurors to be residents thereof.
This act made Toledo a judicial centre for the territory embraced in the Subdivision. The business of the Court has been very important, and has brought to our City many of the leading lawyers of the country. During the period covered by the sessions of the Court at Toledo, the Railroads of the country have furnished an important part of its work. Foreclosures of mortgages, administration of Railroad properties by the instrumentality of Receivers, and the sale of the property, have been a part of the work of nearly every term. The Toledo, Cincinnati and St. Louis; the Wabash, St. Louis and Pacific ; the Ohio Central; the Michigan and Ohio ; the Toledo and Indianapolis, and its successor, the Toledo, Columbus and Southern, are among the Railroad Companies that have furnished such litigation in the Western Division, and have furnished a large and lucrative business to the legal profession. Two terms of the District and Circuit Courts are held annually at Toledo (in June and December), each lasting in six to eight weeks of active work.
At the time of the organization of the. Western Division, Judge H. H. Emmons of Detroit, was the Judge of the Circuit comprising the States of Ohio, Michigan, Kentucky and Tennessee, but Judge Emmons never presided at Toledo. He was succeeded by Judge John Baxter of Knoxville, Tennessee, a man of immense energy, indomitable will and remarkable ability. He was somewhat a terror to the Bar, until he became known and his methods understood. He would dispose of a case in the most arbitrary manner, without hearing counsel, and often without hearing the evidence beyond a point which he thought decisive. He was no respecter of persons. The most distinguished member of the Bar had no greater consideration shown him than the humblest and least known. He grew on the profession. As they came to recognize his wonderful perception, his impatience at the " law's delays" and the consumption of time by attorneys which he deemed unnecessary, his absolute impartiality and integrity, the lawyers fell into his way of disposing of business contentedly after the first few years, and the remark would be often made, << He shoots quick, but very straight." Off the Bench, he was genial, kind and sociable, an entertaining talker, and fond of his brethren and their company. During the war Judge Baxter was an uncompromising and fearless friend of the Union, and showed it in many ways that exhibited his nerve and unconquerable will in a place where it was not free from danger. He died at Hot Springs, Arkansas, in 1886, and was succeeded by Judge Howell E. Jackson, of Nashville, Tennessee, who was tendered a complimentary banquet by the Bar of' Toledo on his arrival here, at which Judge Doyle presided, and which was largely attended. .Judge Jackson won his way quickly to the confidence of the Bar, and is distinguished for his courtesy, his scholarship in the law, and the patient hearing he gives every case he tries.
Judge Welker has presided over both Courts in the absence of the Circuit Judge, and has done the bulk of the business. His 15 years of judicial work on the Federal Bench, commencing as it did at Toledo, entitles him to a place in this history, although not a resident of Lucas County. He was born in Knox County, Ohio, April 25, 1819, was educated in the District Schools ; at the age of 18 entered a law office in Millersburg, Holmes County, and was admitted to practice in 1841. He was Clerk of the Courts of Holmes County from 1846 to 1851. In 1848 he was nominated by the Whigs for Congress, but was defeated. In 1851 he was elected Judge of' the Court of Common Pleas in the Sixth District, and served the full term of five years, being renominated in 1856. In 1857 he was elected Lieutenant-Governor of Ohio on
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the ticket with Salmon P. Chase, who was a the same time elected Governor. At the breaking out of the War he was appointed a Major on the staff of General J. D. Cox; afterwards Judge-Advocate-General on the staff of Governor Dennison ; and still later (1862) was Assistant Adjutant-General of the State. In the same year he was nominated for Congress in the Wooster District, but defeated by 36 votes. In 1864 e was again nominated for Congress and elected from the Fourteenth Ohio District, serving in the 39th Congress. He was reelected in 1866, and again in 1868, and in November, 1873, as already stated, he was appointed by President Grant District Judge for the Northern District of Ohio. Judge Welker is in every sense a self-made man, and his career has been a remarkable series of continued advancements. He deserves them all. A scholar -largely self educated, he received the degree of Doctor of Laws from the Wooster University, in which he is Professor of Political Science and Constitutional and International Law. A statesman-he has by his work in Congress made a lasting and valuable reputation, and as a lawyer and jurist he has been honored by a seat on the State and Federal Judiciary, where his ripe judgment, his clear discernment, and his upright and pure character have been of special service to the profession and the litigants who come under his jurisdiction.
MORRISON REMICK WAITE was born at Lyme, Connecticut, November 29, 1816. His father, Henry Matson Waite, was also a native of Lyme, where he was born February 9, 1787. The father was graduated at Yale College, and titter completing the study of his profession, entered upon the practice of the law at Lyme, in which he soon attained prominent position. He was chosen, successively, as Representative and Senator in the State Legislature. In 1834, his qualities as jurist were recognized in his appointment as Associate Judge of the Supreme Court of Errors of Connecticut; and subsequently in his unanimous election by the Legislature to the Chief Justiceship of the State, from which position he was withdrawn in 1857, by the Constitutional age limit of 70 years for incumbents of that office. The Waite family settled at Lyme before 1700, where its members have for nearly 200 years held prominent positions in different spheres of active life. 'These included Marvin Waite, who, as Presidential Elector, cast a vote for Washington at his first election in 1789. He was one of the Commissioners appointed to sell the lands belonging to Connecticut in the Connecticut Western Reserve, Ohio, the proceeds of which sale now constitute the Connecticut School Fund. The mother of the subject of this sketch was a granddaughter of Colonel Samuel Selden, commander of a Connecticut Regiment in the Army of the Revolution ; was made prisoner September 17, 1776, at the evacuation of New York; died October 11th following, in the "Old Provost;" and was buried in the old "Brick Church" yard, where the New York Times office now stands, his fellow-prisoners by special permission being allowed to attend his funeral in uniform. Morrison R. Waite was graduated at Yale in 1837, his class including several men subsequently of National reputation, among whom were Wm.. M. Evarts, Edwards Pierrepont and Benjamin Silliman, Jr. Samuel J. Tilden was of the same class, though, from poor health, was unable to graduate with those here named. Selecting the profession of the law as his life-work, Mr. Waite commenced reading in his father's office ; but accepting the view then so prevalent at the East as to wider and more hopeful fields for activity at the then "Far West," he left Lyme in October, 1838, for the Maumee Valley, settling at Maumee City. Here he at once renewed his law reading in the office of Samuel M. Young, who had preceded him to that locality in 1835. Upon his admission to the Bar in 1839, the firm of Young & Waite was formed, the junior at once taking upon himself the larger portion of detail in work. This included much horse back travel and other severe labor, in attendance at Courts in other Counties, in the collection of claims from scattered debtors, and other business. In 1850, Mr. Waite removed to Toledo, where the firm opened an office and continued the practice until January, 1856, when, upon the retirement of Mr. Young, a brother, Richard Waite, became a partner, and the firm of M. R. & R. Waite was formed, which continued for a period of 18 years, and until the senior was appointed Chief Justice, when it was succeeded by that of R. & E. T. Waite, the junior being a son of the retiring partner, which firm yet continues. Though never a partisan in any objectionable sense of the term, Mr. Waite from early life had clear convictions upon questions of public policy, and took an active part in support of the same. A Whig in sentiment, he co-operated with that party until it was merged into the Republican organization in 1854, since which time he has acted with the latter. The different public positions held by him, were all conferred without his seeking. As shown by the political record elsewhere given, he was early active in local political affairs. He was first a candidate for public office in 1846, as the Whig nominee for Congress, in a strongly Democratic district, his opponent, William Sawyer, being elected. In 1849 Mr. Waite was chosen as Representative to the State Legislature, serving in that body with special credit. He was a candidate for Delegate to the State Constitutional Convention in 1850, failing of an election in consequence of the strongly adverse political majority. Mr. Waite's most prominent relation
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to political matters was that held in 1862, and was incident to the question then arising in regard to the War policy of the Government. In common with a large portion of the Republicans and many Democrats of the Toledo Congressional District, he was in full sympathy with President Lincoln's purpose to make the preservation of the Union through the suppression of the Rebellion the paramount end of all war measures in that connection. Opposed to such policy, were a large portion of the Republican party in the District, who held that the abolition of Slavery at the South should be made a condition in any terms for peace. As a result of such disagreement, two District Conventions were held, representing these two adverse policies. The one composed of Republicans and what were known as War Democrats, nominated Mr. Waite for Congress, who, with much hesitation, accepted the position. The other Convention selected James M. Ashley, the Republican incumbent, as its candidate. While the Democrats of Lucas, Wood and Fulton Counties, with great unanimity, supported Mr. Waite, the members of that party in the other Counties of the District, from considerations of party strategy, voted for a third candidate, the result being the re-election of Mr. Ashley. In Toledo, Mr. Waite then received 1,806 votes, out of 2,447 votes cast, while his plurality in the County was, 1,346, in a total vote of 4,163. No other popular endorsement of equal emphasis had been given a citizen of that County. Upon the refusal of Hocking H. Hunter to accept the seat on the State Supreme Bench, to which he was elected in 1863, Governor Brough tendered the position to Mr. Waite, by whom it was declined. His reputation as a sound and able lawyer and conservative citizen had become so far National, that in December, 1871, President Grant selected him as one of the Counsel for the United States in the Arbitration at Geneva, involving the settlement of what were known as the " Alabama Claims " of the Government against Great Britain. For such position Mr. Waite possessed the special qualities of great industry and ability in research and argument, which were made conspicuous and effective on that memorable occasion, and secured for his labors historical recognition. His presentation of the question of Great Britain's liability in permitting Confederate War Steamers to obtain in British ports supplies for hostilities against American shipping, commanded marked attention both from that tribunal and from the world. Entering that service with a reputation more limited than was that of either of his associate Counsel, the close of the trial found him in that respect second to none. Returning to Toledo in 1872, he resumed his practice. In 1873 he was elected without opposition as a member of the Convention called to revise the State Constitution, and upon the assembling of that body, he was chosen as its President. It was during the session of this Convention at Cincinnati, in January, 1874, that the successive nominations of George H. Williams and Caleb Cushing for Chief Justice, to succeed Salmon P. Chase, deceased, were presented and withdrawn by President Grant. The third name communicated to the Senate was that of Mr. Waite, which was done without the knowledge of that gentleman, who had positively withheld his approval of any steps by his friends in that direction. The announcment of the nomination was received by the Constitutional Convention with special demonstration of pleasure, and a resolution strongly approving the same was at once introduced to that body, and by him, as its presiding officer, ruled out of order. The Senate, by unanimous vote, approved the nomination. It so happened that only a year previous to his appointment as Chief Justice, Mr. Waite was admitted to practice in the Supreme Court, and upon the motion of Mr. Cushing. His appointment was received by the citizens of Toledo with marks of special gratification. The Bar at once met and made expression both of approval and of its high appreciation of Mr. Waite's personal and professional worth. A proposition for a banquet was, at his request, changed to an informal reception, held at the residence of William Baker, Esq., February 3, 1874, which was attended by large numbers of citizens, glad to congratulate the appointee on the high honor conferred, and to assure him of their wish for success in his new position. He left Toledo for Washington on the 13th of February, and assumed the office of Chief Justice by taking the prescribed oath, March 4th, following. He is now (November, 1887) nearing the close of his 14th year of service, in the full enjoyment of wonted mental and physical capacities, and in eminently successful administration of the highest judicial position of the World. The capacity of mind and endurance, which throughout had distinguished his professional life, are only made more conspicuous and effective in his present position. The excessive labor demanded for the research and study of facts, authorities and principles of jurisprudence, and their just application, could be properly met only with resources to be supplied by long practice of energy and self-denying toil ; and it may be mentioned here, for the benefit of young men in all departments of active life, that Chief Justice Waite recognizes in his present capacity for labor, the direct result and chief reward of the years of severe work, without apparent return, spent in his early practice. The result has been all that he or the country could ask. During no equal period have adjudications of that august tribunal been attended with more complete success, either in the correctness of its decisions or in their acceptance by parties and the public. Its action has involved points of
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special delicacy in connection with controverted political and constitutional questions ; with no instance in which the result was riot promptly accepted as final and just. In this connection will be appropriate the testimony of a member of the Supreme Court, given after e had retired from that Bench. Of Chief Justice Waite, he said
From the day of his entrance into office as Chief Justice of the Supreme Court, he has been indefatigable in the discharge of its great duties ; patient, industrious and able. His administrative ability is remarkable. None of his predecessors more steadily and wisely superintended the Court, or more carefully observed all that is necessary to its working. Nothing under his administration has been neglected or overlooked. He has written many of the most important decisions of the Court-too many to be particularized. Among the more recent of his opinions, may be mentioned those delivered in the cases of Antoni vs. Greenhow, Louisiana vs. Jumel, and Elliott vs. Wiltz-each of them involving questions arising under the Constitution of the United States.
In nothing has Chief Justice Waite more clearly indicated fitness for the office he holds, than in the exalted estimate which he has ever manifested of its grave responsibilities and dignified character. Occasion for such manifestation was furnished in 1875. He then had held the position of Chief Justice long enough for his special fitness therefor to become known. So high had this appreciation become at the date named, that the matter of his nomination for the Presidency came to be seriously canvassed in prominent and influential quarter-. This was specially true of many leading public journals. From the first suggestion of that sort, however, those most familiar with his real feelings and sentiments in regard to public life, could see no encouragement for yielding to-much less for co-operating with-such movement. These knew too well his strong attachment to his profession ; his repugnance to the life of the political aspirant; and his eminently conservative habit of mind, to find the slightest warrant for such suggestion. His friends did not have long to wait for the fullest justification of their assumption in the case. The matter having, in November, 1875, been presented to him in such form as to invite definite response, he addressed to a relative, Hon. John T. Waite, member of Congress from Connecticut, a private letter, which afterwards, by request, he permitted to be published. In that letter he said :
Of course, I am grateful to my friends for any efforts in my behalf; and no one ever had friends more faithful or more indulgent. But do you think it quite right, for one occupying the first judicial position in the land, to permit the use of his name for political position ? The office I hold came to me covered with honor; and when I accepted it, my chief duty was, not to make it a stepping-stone to something else, but to preserve its purity, and if that might be to make my name as honorable as are those of my predecessors. No man ought to accept this place unless he take the vow to leave it as honorable as he found it. There ought never to be a necessity for rebuilding from below-all additions should be above. In my judgment, the Constitution might wisely have prohibited the election of a Chief Justice to the Presidency. Entertaining such view, could I properly or consistently permit my name to be used for the promotion of a political combination, as now suggested? If I should do so, could I at all times and in all cases remain an unbiased Judge in the estimation of the people ? There cannot be a doubt that in these days of politico-judicial questions, it would be specially dangerous to have a Judge who could look beyond the Judiciary in his personal ambition. The Supreme Court is now, I believe, justly regarded as a sheet-anchor of the Nation. Will it continue such, if its Chief Justice be placed in the political whirlpool? My friend, consider these things, and tell me if you really think I ought to permit my name to be used as suggested by you. If you do, I do not.
This expression of the views and purpose of the Chief Justice was conclusive in the case, utterly placing him then and thereafter outside all political combinations. While it was no surprise to those personally acquainted with him, the public use then made of it was deemed due alike to him and to the country. In view of previous events, then fresh in the public mind, it was specially proper that such position of the incumbent of that high office upon the important question raised, should be made known, to the end that it might aid in stimulating and making more clear and fixed the sentiment already so general against political aspirations among members of the National Judiciary. It was justly regarded as no small thing, for the American people to be assured that the gentleman then recently called to the head of that branch of their Government could not be tempted from his high position of independence and eminent usefulness by the glitter of political preferment, though never so attractive. Such timely action will ever stand as a protest from the quarter most effective for good, against such prostitution of the National Judiciary. Chief Justice Waite, throughout his life, has had clear convictions on religious subjects, and for many years past has been a communicant, and for 40 years an active Vestryman in the Protestant Episcopal Church. His interest in whatever concerned the moral or material well-being of his fellowmen has always been actively shown in such ways as occasions have offered. During the War of the Rebellion no one in Northwestern Ohio contributed more toward the support of the Government in maintaining a loyal sentiment, in raising recruits and in caring for Soldiers and their families, than did he. Chief Justice Waite was married September 21, 1840, with Miss Amelia C., daughter of Samuel Selden Warner, of Lyme, a descendant of Colonel Selden of Revolutionary record. Five children have been born to them-Henry Seldon, who died in Toledo, April 10, 1873, leaving a wife and two sons; Christopher C., now
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Vice President and General Manager of the Cincinnati, Hamilton and Dayton Railroad, Cincinnati; Edward T., of the law firm of R. & E. T. Waite, Toledo; Miss Mary F., of Washington, D. C.; and one which died in infancy.
JOHN H. DOYLE was born in Perry County, Ohio, April 23, 1843. His parents were married in Providence, Lucas County, in 1831, removed to Perry County in 1842, and returned to Toledo in 1846, where the father died in 1852. The mother is still living with her son, in Toledo. Judge Doyle was educated in the Public Schools of Toledo, and a short time at Dennison University, Granville, Ohio. He studied law, first with General H. S. Commager, and afterwards with Edward Bissell, Jr. He was admitted to the Bar April 23, 1864, on his 2lst birthday, and on the same day entered into partnership with Mr. Bissell, thus getting a fair start in his profession at his majority. His career from that time has been rapid and brilliant. As a young lawyer, he soon acquired a reputation for legal knowledge and unusual powers as an advocate. He exhibited great skill and energy in the conduct of various important and difficult cases in which he was counsel. One of these may be mentioned as an illustration of his peculiar genius in searching out and establishing hidden evidence, upon which a great ease often turns. This was a case involving the title to 160 acres of land in the heart of the City of Toledo, valued at over a million dollars. The claimants were the heirs of one Ford, a Soldier of the War of 1812, who was then living at Fell's Point, in or near Baltimore, Maryland. The case hinged on the legitimacy of a daughter, who, it was alleged, was born while the said Ford was a prisoner of war at Plymouth, England, and was illegitimate. Mr. Doyle spent a large portion of the Winter and S ring of 1874 and Summer of 1875 in Maryland and in the District of Columbia, taking testimony in this important case. The final result was, that he established the legitimacy of the child, and hence the title of his clients. The partnership with Mr. Bissell was continued till 1879, when Mr. Doyle was elected on the Republican ticket as Judge of the Judicial District embracing Lucas, Sandusky, Ottawa, Huron and Erie Counties. Such was his standing in the profession that his candidacy was unanimously recommended by the Toledo Bar. He soon distinguished himself on the Bench, and in 1882 was nominated by the Republican State Convention for Judge of the Supreme Court, when he was defeated, with his party, though running ahead of his ticket by several thousand votes in the district of his residence, and by 1,600 in his own County. In February, 1883, he was appointed by Governor Foster to a seat on the Supreme Bench, Judge Longworth, and served one year. At the Convention of 1883 the Republicans again nominated him for the full term, but the party was again defeated that year. Judge Doyle resumed the practice of his profession in Toledo in 1884, and still continues with a large and successful business, being now the senior of the firm of Doyle, Scott & Lewis. He is in the prime of life, with ample resources derived both from study and experience, and with a vigorous and well-trained in tellect, good health and habits of industry, he is able to accomplish much in his profession. His knowledge of the law and of judicial proceedings places him in the front rank of the jurists of the State. Besides, he is courteous and genial, a lover of good literature, and highly esteemed both in social and private life. Politically, he is a Republican, and has been a member of the First Congregational Church of Toledo since 1868. He was one of the organizers of the Toledo Library Association, now the Free Library of Toledo, and was Chairman of the Lecture Committee of that Association for six years. In 1865, in connection with Hon. DeWitt Davis, of Milwaukee, he assisted in organizing the Northwestern Lecture Bureau at Chicago, of which he was Secretary for several years. Judge Doyle was commissioned during the War of the Rebellion as Lieutenant in the Sixty-Seventh Regiment Ohio Volunteers, at request of his old preceptor, Judge Commager; but before mustering, was prostrated by severe sickness, which kept him at home and prevented acceptance of the appointment. He was then but 18 years of age. In the Home-work for the Union cause, he was active, as shown in the history of that department of the service elsewhere given. In 1886, he was appointed by Governor Foraker one of the Trustees of the Toledo Asylum for the Insane, now in course of construction, where the detached cottage plan, which Judge Doyle urged in preference to all others, was adopted. He was married October 6,1868, to Miss Alice Fuller Skinner, daughter of Dr. S. W. Skinner, formerly of Windsor, Connecticut, and now of Toledo, who is a descendant of the Wolcott and Ellsworth families of Connecticut, of which Chief Justice Ellsworth and Governor Wolcott were members. Three daughters-Elizabeth Wolcott, Grace Alice, and Helen Genevieve-have been born of this marriage.
EMERY D. POTTER was born in Providence County, Rhode Island, in 1804. He is a son of Abraham Potter, a farmer, who removed to Otsego County, New York, in 1806. The father's circumstances were not such as to provide the son with more than very limited educational advantages in childhood. As the result of persistent effort, however, the latter ere long was encouraged to expect a Collegiate course, in which he was disappointed, and was
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compelled, without such advantage, to enter upon preparation for the chosen profession of the law. This he did in the office of John A. Dix and Abner Cook, Jr., two able lawyers at Cooperstown, New York, the former having subsequently been Governor of New York, United States Senator from that State, and Secretary of Treasury in Buchanan's Administration. Completing his studies, Mr. Potter was admitted to practice in New York; but soon deciding to make his home in the West, he left for Toledo, where he arrived in the Winter of 1S34-5. He there found a field not the most inviting, in some respects, for an ambitious young man ; but one which he was not long in turning to the best account. His qualities as a lawyer soon became known, while his active participation in public and political affairs gave him special prominence and influence in 1838 e was the Postmaster at Toledo, and in 1830 was elected by the Legislature as President Judge of the Common Pleas Court for the Thirteenth Judicial District of Ohio, embracing 10 Counties and covering Northwestern Ohio entire. Without public means of any sort for conveyance, he was compelled to travel from County to County wholly on horseback, and largely through a dense wilderness, often in the absence of bridges compelled to swim streams, and resort to methods of travel almost wholly unknown to the present generation in the same sections. In 1843 he was nominated by the Democrats and elected to Congress from the District made up largely of the territory embraced within the Judicial Circuit. In Congress he at once took prominent position, serving with John Quincy Adams on the Select Committee on the Smithson will, whose action led to the founding of the Smithsonian Institute. In 1847 Judge Potter was elected as Representative in the Ohio Legislature, where he acted largely as leader of the Democratic side of the House. In October, 1848, he was elected to the Thirty-first Congress, where he took a specially prominent part in the long struggle for Speaker, receiving at different times 78 votes for that office. He was made Chairman of the Committee on PostOffices and Post Roads, and as such was the author of the bill of 1851, providing for cheap postage and the coinage of three-cent coin. At the close of this term in Congress, he resumed the practice of the law. In 1857 he was appointed Judge of the Federal Court of Utah, but declined the honor on account of business interests requiring his presence in Toledo. In 1859 e was appointed Collector of Customs for the Toledo District, serving until 1861. He was elected as Senator in the Ohio Legislature in 1873, serving until 1875. During that term he was influential in securing the enactment of the law providing, at the expense of the State, for the propagation of Fishes in Ohio, and was appointed as Superintendent of Fish-hatching in the State. To his personal attention and good management, the successful introduction and establishment of that policy by the State are largely due. Judge Potter was married in 1843 with Miss Mary A. Card, at Willoughby, who died in 1847, leaving one son, Emery D. Potter, Jr., now a prominent member of the Lucas County Bar. He was subsequently married with Miss Anna B. Milliken, of Pennsylvania, who, with one daughter, Anna Claire, is now living.
CHARLES W. HILL was born July 7,1812, at Starksboro, Addison County, Vermont. He was of Yankee stock, his ancestors, on both sides, having descended from the pioneers of New England. When he was six years of age, the family came to the Western Reserve. Ohio, where he enjoyed the educational advantages common to farmers' children 70 years ago. At about the age of 22 he entered Oberlin College, which then had hardly assumed a position among the few educational institutions of the West. There with means secured by manual labor, and by teaching School winters, he was able to remain for one year. Early in 1836, at the age of 24, e came to Toledo, and ere long secured a position as clerk in the store of Charles G. McKnight, in the frame building yet standing, 343-347 Summit Street. Not finding himself adapted to mercantile life, e soon turned his attention to the legal profession, and while yet pursuing other employment, entered upon the study of the law with the aid of Daniel O. Morton, and was admitted to practice in January, 1539, and the firm of Tilden & Hill was formed in October of that year, succeeding that of Tilden & Osborn, Henry Bennett soon being added to the firm. Upon the election of Mr. Tilden as Judge, in 1843, Hill & Bennett assumed the business, who ere long were joined by C. E. Perigo, Charles Pratt soon thereafter becoming a partner. The firm of Hill & Pratt continued for many years, and until 1870, when Avery S. Hill became associated with his father in practice. As a lawyer, Mr. Hill's position was an enviable one. He was from an early period in his practice recognized as one of the foremost members of the Bar. No one excelled, if any equaled, his exhaustive work in the preparation of his cases. As was said by a prominent member of the Bar, he sometimes seemed to be "over-prepared "-a result of his indefatigable industry and facility for research. As an advocate he was specially successful. From very early life, e indicated a strong tendency to military affairs, and as early as 1840 he became the Captain of the Toledo Guards, and in June, 1842, was elected Brigadier General of the First Brigade, Eighteenth Division, Ohio Militia. In different ways he was active in maintaining and developing a general interest in the Militia. As elsewhere stated, be organized the Public School Cadets in 1856, and directed the same
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for several years, and until the outbreak of the Rebellion in 1861, when as Brigadier General, by appointment of Governor Dennison, he entered the military service of the United States, serving in West Virginia in Command of Ohio troops under General McClellan. He was assigned to highly important service in a district extending from Parkersburg and Wheeling to Cheat River, having 250 miles of line to defend with a greatly inadequate force. In the discharge of such severe duty, he was prompt and watchful, obeying orders with all energy and effect consistent with the means at his command. And yet, from lack of proper co-operation by the commanding officer, or from misunderstanding of the real situation, there once occurred a want of timely offensive movement, which resulted materially to the advantage of the enemy. The attempt then made to throw the responsibility on General Hill, was both suspicious in its source and wanting in requisite proof. General McClellan never made the explanation of the situation which General Hill most confidently expected from him. On the expiration of the term of service of the Ohio troops in West Virginia, in August, 1861, General Hill was assigned as Commandant at Camp Chase, Columbus, then a rendezvous for Ohio Volunteers for organization, equipment and discipline, as well as for confinement of prisoners of War. General Hill's duties there included the instruction of Volunteer officers in matters of' tactics and general discipline. Among the persons thus instructed by him, were Colonel James A. Garfield -of' the FortySecond Ohio, and Major Wager Swayne of the Forty-Third Ohio Regiment, In 1862-63 General Hill performed highly important service as Adjutant General of Ohio, under Governor Tod, a capacity for which his qualities of industry and attention to details, specially gave him. During his service there, no less than 310 Regiments and Battalions of State Militia were organized and their officers instructed in their respective duties. Beside his severe office labors, he spent much time in attendance on Camps of Instruction at different points in the State. where his superior qualities as organizer and disciplinarian were of special service. As a direct result of such service, Ohio was placed abreast the most forward of loyal States in both the extent and promptness of her response to the pressing demands of the Government for troops. This ""as specially the case in the Spring; of 1864, when, on call of the President for 100,000 men for 100 days, to meet the great emergency of that time, Ohio was enabled to send forward 30,000 of' that quota within 48 hours of such call. So seriously was General Hill's health affected, that he sought more activity in the field. His services were continued at Columbus until the 128th Ohio Infantry Regiment was organized late in 1863, which command was sent to Johnson's Island, Sandusky Bay, for garrison service at the United States Military Prison, to which Regiment General Hill was assigned. His duties there were delicate, important and severe-all which were discharged in a manner to challenge the uniform commendation of the Government. As Banker of the Prison, he had charge of the deposits of an average of 3,000 Rebel-Officer prisoners of War, which were cared for to the satisfaction of all. The matter of his promotion was repeatedly suggested, but he declined such action until his West Virginia record should be duly investigated. This was finally done, and in 1865, he received the commission of Brigadier-General, and was brevetted as Major General. At the close of the War e returned to Toledo and to the practice of his profession, which was continued until impaired health forced a relinquishment of active work. With all that has been said of General Hill's activity in his profession and in military affairs, his most important work was in connection with the Public Schools of Toledo. His interest in educational means was early indicated. Thus, upon the organization, in 1838, of the pioneer Lyceum of Toledo, he was made its Secretary; and when that was practically merged into the Young Men's Association he became prominent in the management of the latter. He was a member of the Board of Education at almost the outset of the first systematic attempt at Free Schools. In 1851. but two years after such movement, he was elected to that position, holding the same for 30 years, and serving as President for 21 years of such time, declining a re-election to the Board in 1880. From the first, his interest in the Schools was so absorbing as sometimes wholly to engross his time and thoughts, to the serious neglect of personal affairs. Most of the School buildings now in the City were erected during his service, to the planning and construction of which he devoted special attention. So, too, in the general management of the Schools, in the necessary changes in School laws, and in all ways whereby the system could be made successful and. useful, be was constant and assiduous. At a High School commencement, several years since, a prominent citizen said, that << if any man in Toledo was entitled to have a monument erected to his memory here, that man was Charles W. Hill, for his promotion of the Public School system of the City." A sentiment, so entirely just, has not as yet been acted upon. To all that has here been said, should be added mention of the constant interest taken by General Hill in the general affairs of his fellowcitizens. In the City Government, and especially as an active member of the City Council, he made himself useful for many years. No more watchful guard of the public rights was found in that body, in which capacity he was frequently brought into collision with special
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interests, sometimes backed by combinations more or less secret, which challenged determined opposition. He never was known to be a member of a "ring" of any sort; but rather the consistent opponent of "rings." It is deemed entirely safe here to state, that in the history of Toledo no other man has devoted to the common welfare as much of time and labor without reward of any sort, as did General Hill. He was married twice, and left three children of his first wife-Avery S., who adopted and yet follows the profession of his father; Mrs. Sophie L. Peckham, the eldest daughter ; and Mary E., wife of Henry D. Pierce, formerly Principal of Junior High School, now a member of the Toledo Board of Education, and the manager of the Producers' Marble Company.
GEORGE RANDOLPH HAYNES, Lawyer, of Toledo, was born at Monson, Massachusetts, ,January 24, 1828. His father, George Haynes, was born at Brimfield, Massachusetts; and his mother, Mary D. Ford, near Hartford, Connecticut, both being of English descent. In 1836, the family came to Ohio, settling on a farm in Bronson Township, Huron County. The son's first educational privileges were those of New England, and were improved until exchanged for the more limited advantages of the West. From his twelfth to his seventeenth year, his attendance at School was confined to winter terms, the balance of the year being spent in farm work with his father. In 1845 he was enabled to attend Norwalk Seminary, where he remained for five years, meantime contributing to his support by teaching School from time to time, whereby he was even more substantially benefited in the practical knowledge of life thereby gained. His School education completed, e at once sat about preparation for his chosen life-work--the profession of the law. To this end, in 1850, he entered the office of John Whitbeck, Esquire, at Norwalk, spending one year there; when he went to Fremont, Ohio, and in the office of Judge Lucius B. Otis (now of Chicago), completed his preparatory studies in January, 18.52, when he was admitted to the Bar, and soon commenced the practice of his profession at that place, remaining there two years, for one of which he acted as Prosecuting Attorney for Sandusky County. In 1854 he came to Toledo, which has since been his home. In 1861 he was elected as Prosecuting Attorney for Lucas County, serving for three years. Subsequently he was chosen as City Solicitor of Toledo, in which position his industry and legal ability were specially valuable to the City. In 1883 he was nominated by the Republican Judicial Convention as a candidate for Judge of Common Pleas Court for the Sub-District comprising the Counties of Lucas, Ottawa, Sandusky, Erie and Huron. At the election, the adverse (Democratic) majority on Governor in the District, was 4,868, that in Lucas County being 1,784. In the face of such remarkable showing, Mr. Haynes received a small majority in the District, and upon the returns was given the certificate of election. His majority in Lucas County was 2,237-a gain there of 4,021 over the Republican candidate for Governor. A contest ensued before the State Senate, where, upon a partisan division of that body, the seat was accorded to the contestor. Upon the establishment by the State Legislature of Circuit Courts, in 1884, Judge Haynes was chosen as one of the three Judges for the Sixth Circuit, consisting of the Counties of Lucas. Ottawa, Sandusky, Erie, Huron, Lorain, Cuyahoga, Medina and Summit; and in the allotment of terms he succeeded to that of six years. This position he has held with special ability and general satisfaction. In his political affiliations Judge Haynes was originally a Democrat, with which party he acted until the issue of the maintenance of Freedom and the extension of Slavery challenged the choice of the citizen, when he joined in the movement which resulted in the organization of the Republican party, with which he has since actively co-operated. While in no sense a place-seeker or ambitious of prominence, he has sought in all suitable ways to promote the principles and policy of that organization. In 1872 he was chosen as Presidential Elector for the Toledo Congressional District, casting his vote in the State Electoral College for the re-election of Ulysses S. Grant. The professional character and standing of Judge Haynes are best indicated by the repeated and marked recognition of the same by the Bar and the people most fully qualified to judge. For nearly 25 years he has been an active member of the First Congregational Church, Toledo; while in the different directions open to the citizen, he has been identified with whatever movement promised the moral and intellectual well-being of his fellow-men. Of' his father's family, he and his mother only survive, the latter at the advanced age of 82 years, now residing with him. He was married at Toledo, October 14, 1857, with Miss Anne Raymond, a native of the State of New York. Of four children born to them, two (daughters) are now living.
REUBEN C. LEMMON. In presenting a biographical sketch of one in mid-career of an active life, we are necessarily restrained from expressions of commendation which the subject would inspire were we writing of a man whose race was run and his journey ended. We therefore give but a historical narrative of one of the respected and conspicuous citizens of Toledo, Reuben C. Lemmon, a Judge of the Court of Common Pleas. His ancestors were of English nativity, and settled in the State of Maryland and in Somerset Co.,
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New Jersey, prior to the Revolution, in which a number of them participated with distinguished bravery. His father, Charles Lemmon, was born in Baltimore County, Maryland, in 1780. Early in life he removed to Varick, Seneca County, New York, where he married in 1821, Miss Hannah Compton. Of these parents, the subject of this sketch was born, May 12, 1825. Here, and previously, his father, although a boot and shoe maker by trade, engaged in farming. In 1837 the parents, with a family of 12 children, removed to Seneca County, Ohio, where his father engaged in farming until his death, in 1811. The education of the son consisted of the usual attendance during the Winter months at the District School, while the Summer portion of the year was spent in work upon the farm. Early in life he resolved to become a Lawyer, and in 1845, the more thoroughly to prepare him to begin his legal studies, he went to Norwalk, Huron County, and for one year attended the Seminary at that place, and for one year following the Presbyterian Academy at Granville, Licking County. In 1847 he began the study of law at Tyrone, Steuben County, New York, with a lawyer by the name of Hill, with whom he remained one year. After this date he continued his legal studies under the direction of General Joel W. Wilson, of Tiffin, Ohio, at which place he was admitted to the Bar in July, 1850. The following Spring e opened a law office in Felton County, Ohio, and remained there one year. In September, 1852, he formed a partnership with the late H. S. Commager, and removed to Maumee City, then the Countyseat of Lucas County. Here he remained until the establishment at Toledo of the County-seat, when he removed to this City. His legal attainments soon won for him a merited high position among the members of the Toledo Bar, and in 1861 he was elected Prosecuting Attorney for the County. In 1860 his partnership with Mr. Commager was dissolved. In 1867 he funned a partnership with J. H. Seney, which continued until 1869, when Mr. Seney was elected Judge of the Court of Common Pleas. After this, Mr. Lemmon was in practice alone until 1874. He then was elected to the position he now so ably fills, having since been twice elected. In the Masonic fraternity, with which Judge Lemmon has been long connected, he has taken the warmest interest. He first joined Toledo Lodge in 1855, and a year after Fort Meigs Chapter, and subsequently To ledo Council, and Toledo Commandery. In 1875 and 1876 e was elected Grand High Priest of the Grand Chapter of Ohio, and in 1879 and 1880 Grand Master of the Grand Lodge of Ohio. For several years he has been Treasurer of the General Grand Chapter of the United States. Judge Lemmon was married in November, 1850, to Amelia Armstrong, of Bellevue, Sandusky County, Ohio, who died in 1857. One child, Charles H. Lemmon, was born to them, who at present is practicing law in Toledo. In 1859 Judge Lemmon married his present wife at London, England. Prior to his accession to the Bench, Judge Lemmon was engaged in a general line of legal practice, in which his studious habits and a mind particuliarly qualified for his profession, he won a high degree of success. he inspired confidence and trust by his honorable methods and conscientious devotion to the interests of his clients. The best evidence of the popular feeling in his honesty and ability, is the successive years he has been elected to the judicial office by the suffrages of the people, in which position he has discharged his duties to the gratification of the entire Bar. His experience renders business easy and familiar to him, and he gives it dispatch without undue haste. He comes to his opinions, decisions and rulings with characteristic promptness, directness and clearness. Partiality or prejudice, fear or favor, or the apprehension of consequences personal to himself, have never exercised the slightest influence over his deliberations. This we believe to be the opinion not only of the Bar, but the people, concerning Judge Lemmon.
WILLIAM BAKER, Lawyer, son of Hon. Timothy Baker, was born at Norwalk, Ohio, February 5, 1822. His father was a native of Massachusetts, and removed to Ohio in 1818, settling at Norwalk, which continued to be his residence until his death in 1878. From his advent to the new Western settlements, he was active and prominent in the development of the country and the promotion of its material and moral well-being. Although Dot a Lawyer, he served for 21 years (three terms) as Associate Judge of Huron Common Pleas, much of that time as the most prominent and active of the three Associates. The son pursued his earlier studies at home, chiefly it, Norwalk Academy; whence e went to Granville College (now Dennison University), where he was graduated with honors in 1841. Pursuing the study of the law for a year with Goddard and Converse, Zanesville, Ohio, he entered the Law School of Harvard University in 1842, in which the late Joseph Story and Professor Simon Greenleaf' were instructors. Here e was graduated, with the Bachelor's Degree, in the Spring of 1844. At the age of 22, he came to Toledo in November of the same year, and there entered upon the practice of his profession, opening an office in Mott's Block, corner of Summit and Monroe Streets. It so happened, that his advent here was contemporaneous with the entrance of Toledo upon the era of prosperity caused by the long-delayed opening of the Wabash and Erie Canal ; which favorable condition was by him turned to special account. The first year of his practice was one of exceptional success in the char-
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acter, no less than in the amount, of business coming to him, which was so conducted as to give him specially favorable position at the Bar. He was alone in practice until 1847, when he entered into partnership with Hon. Myron H. Tilden, who at that time resigned the position of President Judge of Common Pleas Court for this Circuit. In 1850, Judge Tilden removed to Cincinnati, when the partnership was dissolved. In 1857 Mr. Baker became associated in practice with William A. Collins, Esq., which connection continued until the election of the latter, in 1870, as Judge of Common Pleas. For the following 10 years, Mr. Baker was again alone in practice. In 1880, his youngest son, Rufus H. Baker, then graduated at Columbia College Law School, became associated with him : as did Barton Smith, Esq., in 1881, the firm then becoming Baker, Smith and Baker, as it still continues. Mr. Baker's practice, from the first, has been not only large and successful, but chiefly in the direction of real estate and commercial law and equity, for which classes of business his sound judgment, thorough reading and methodical habits of mind and action specially fit him ; to all which was added recognized integrity and promptness in all matters entrusted to his hands. These qualities early brought him in confidential relations with men and corporate bodies representing large property interests. As the agent of such, largely in the East, he has loaned and looked after vast sums of The money, whereby he was enabled, while placing capital productively, to secure to Toledo large amounts of means for profitable employment. Mr. Baker's constant close attention to his profession and other business, has not made hint unmindful of the claims upon him of his fellow citizens. Illustrating in his daily life the strictest rules of personal demeanor, e has ever been ready to co-operate with others in the promotion of the principles and practice of the same. One of the original members of the First Baptist Church, Toledo, he has from the start been an office-bearer arid liberal supporter of that organization, and has been active in other agencies for the promotion of the moral and religious welfare of the community. And so, in local enterprises for the material benefit of Toledo, he has ever borne his part. He was prominently active in the construction of the Toledo, Norwalk and Cleveland (now Lake Shore) Railroad. He was actively identified with the organization and construction of the Wabash Railway, of which Company he was from the first and for 15 years a Director. He has been prominently identified with the promotion of the manufacturing interests of Toledo, and especially in connection with the Milburn Wagon Works, with the start and management of which he has been actively connected, while he has rendered substantial aid to other enterprises of the same general class. Politically, he was a Whig from the time of becoming a voter until that party was merged into the Republican party, with which he has since acted. While earnest and active in that relation, e never has been a seeker for office or personal prominence of any sort; but content to meet the responsibilities and duties of citizenship in private ways. As a loyal citizen of the United States, he did what he could toward sustaining the Government during its struggle with the Rebellion. His position in that respect, was indicated in 1864, upon the organization of the Toledo Branch of the United States Christian Commission, in the interest of the Soldiers of the Union, when the representatives of the leading Churches of the City selected him as the President of that organization. Through the various channels open for pecuniary contributions to the well-being of his fellow-citizens, e has always been ready to do his full share. Mr. Baker's literary qualities, amid the constant pressure of business pursuits, have never had the opportunities for manifestation to which they are entitled. Occasional lectures arid addresses, and letters for the public press while traveling, constitute his contributions in that direction. In 1882, with Mrs. Baker, e visited every European country, Russia arid Turkey only excepted, spending 18 months in such trip. August 28, 1849, Mr. Baker and Miss Frances C., daughter of Peter Latimer, Esq., were married at Norwalk, Ohio. They have four sons-WiIlinm L., Engineer and Superintendent of Detroit Bridge and Iron Works ; Herbert and Arthur E., Iron Founders ; and Rufus H., Lawyer, Toledo ; and one daughter, Miss Kittie.
CHARLES PRATT, an able lawyer of Toledo, was born near Rochester, New York, January 15, 1828. He is a descendant of old Paritan stock. His hither, Alpheus Pratt, was a native of Massachusetts, and died at the age of ninety-one years. In 1819 e removed to the State of New York, being a pioneer in the vicinity in which he settled, and in 1833 removed from that State to Michigan, settling in what was then known as the "Bean Creek Country," which is within what is called the Maumee Valley, now known as Hudson, Michigan, where e died in March, 1884. Mrs. Pratt, the mother, is also of New England lineage, and is now living with her son, at the advanced age of ninety-one. On both paternal and maternal sides of Mr. Pratt's ancestors, almost all the members reached ages ranging from eighty to nearly one hundred years. Charles Pratt's earliest education began at home, as in the pioneer days of Michigan there was hardly a School-house to be found. Where his earlier years were spent, were few inhabitants, except a tribe of the Pottawatomie Indians, which had its camping-ground near his father's ; but when he had reached the age
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of twelve, white inhabitants had begun to grow more numerous, and School-houses began to be established, and from that time until he was sixteen years of age he attended the District School; and although the course of instruction was of the crudest nature, he nevertheless obtained a fair knowledge of the fundamental branches. Soon after he attended a select School at Adrian, Michigan, from whence he went to Albion, Michigan, attending the Seminary which finally developed into what is now known as Albion College. Here he continued his studies until the age of twenty. one, teaching School, in the meantime, to help himself along. In 1850 Mr. Pratt commenced his legal studies, by entering a law office in Adrian, where he remained as a law-student but a short time. Then going to Toledo, e entered the office of Hill and Perigo, where he remained two years, at the end of which period he was admitted to the Bar. After his admission, Mr. Pratt succeeded Mr. Perigo in the firm, which continued as Hill and Pratt until 1861. At this time Mr. Hill entered the Union Army as Brigadier General, and served during the Rebellion. Although the firm was known as Hill and Pratt until 1870, Mr. Hill had little connection with it after 1861. The firm is now Pratt, Wilson and Pratt, his son Henry S. Pratt being the junior partner. Mr. Pratt's earlier inclinations were toward the profession he now folio vv s, against the earnest wish of his parents; but being confident of his fitness for this calling, e adopted it, and has attained marked success. His professional life has been of very even tenor. He has always been what may be termed a general lawyer, without any specialty in his practice. He has always preferred the legitimate practice of his profession, and has often declined official positions, and never was ambitious for political distinction. His ambition has been confined to the engrossing duties of his profession. Politically, Mr. Pratt was originally a Whig and then a Republican, having made his first political speech for Fremont in 1856. Mr. Pratt's prominent position at the Bar has been the result of patient toil, added to his natural mental qualifications for his chosen profession. Besides acknowledged ability and success as a lawyer, he is also an active leader in Political, City, and Church affairs. He has done valuable service in the City Council, both as a member and President. He has also been a member of the Westminster Presbyterian Church for more than twenty years, having been one of its Trustees since its organization, and for many years President of the Board of Trustees. He has also been President of the Y. M. C. Association and an active Temperance and Sunday School worker. Though one of the most laborious men in his profession, he has always found time to discharge the duties incumbent upon every good citizen and well-wisher of the public prosperity. That he should occupy a high and respected position in a community where he is so well known, is the natural and just reward of those qualities of mind and heart which have made him professionally, socially and morally an honorable lawyer, a good citizen, and an affectionate husband and father. Mr. Pratt was first married in 1853, but his wife soon after died. In 1857, be married his present wife, Catherine Sherring. The result of this union is seven children, all of whom are living.
JOHN C. LEE, of Toledo, was born January 7, 1828, in Brown Township, Delaware County, Ohio. His ancestors on both sides, were from the North of Ireland. His parents, Hugh Lee, and Mary A. Lee, were natives of Virginia, and came to Ohio soon after their marriage, settling in Delaware County. The mother died in 1836, and the family removed to the Town of Delaware in 1838, where they remained until 1844, when they went to Union County, and in 1847 to Tiffin, Seneca County, and thence, in 1851, to the West, where the father pursued farming until his death in Missouri, in 1859, at the age of 61 years. The educational privileges of the son began in a rude log School-house, and were limited to that until the removal of the family to Delaware, where the way was opened for his preparation for Central College, Franklin County, where he was for one year, whence he went to Western Reserve College at Hudson, in 1845, and was graduated in 1848. For two years he taught Academies-one at Atwater, Portage County, and one at Tiffin. Selecting the law for his profession, he entered the office of R. G. Pennington, Esq., at Tiffin, in 1850, and pursued his reading until July, 1852, when he was admitted to the Bar, and became a partner of his tutor, whom he soon succeeded in his practice. Two years later, N. L. Brewer began the reading of law with Mr. Lee and upon admission to the Bar, became a partner. In 1857, Mr. Lee was the Republican candidate for Judge of the Common Pleas Court, with George E. Seney (Democrat) as the successful candidate. Upon the outbreak of the Rebellion in April, 1861, Mr. Lee surrendered his professional business to enter the military service of the Government, enlisting in the FiftyFifth Ohio Volunteer Infantry, of which he was at once made the Major, and was promoted to its Colonelcy before reaching the field. In January, 1862, he reported his command to General Rosecrans in West Virginia. At Moorefield the Regiment first met the enemy, who were defeated and the Town taken. After spending the month of March as a member of a Courtmartial, at Charlestown, Colonel Lee rejoined the Regiment at .Romney. By order of General R. C. Schenck, he was given command of the District of the South Potomac, and in May, 1862, under that officer, marched for the relief
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of General Milroy, at McDowell; took part in the Shenandoah campaign ; and was in the battles of Freeman's Ford, White Sulphur Springs, Warrenton, Bristow's Station, New Baltimore, New Market, Thoroughfare Gap, Gainesville, Chantilly, the Second Bull Run, and others, in which he bore parts which challenged the approval of his superior officers. At Chancellorsville, in 1863, Colonel Lee commanded a Brigade, consisting of the TwentyFifth, Fifty-Fifth, Seventy-Fifth and One Hundred and Seventh Ohio Regiments, who did noble service there, while their commander's prominence was indicated by his horse being shot under him. In May, 1863, in consequence of the death of a child and the serious illness of Mrs. Lee, the Colonel was forced to leave the field, and his resignation was accepted May 18, 1863. During the ensuing political campaign in Ohio, Colonel Lee took an active part in support of John Brough, and against C. L. Vallandigham, candidates for Governor of Ohio. The condition of his family warranting his absence from home in the Spring of 1864, he accepted the command of the One Hundred and Sixty-Fourth Regiment Ohio Volunteer Infantry (National Guard), which was assigned for service chiefly about the fortifications of Washington City, where it remained, with more or less of activity, until the aggressive movements of Grant about Richmond, compelled the abandonment of the Rebel movement against the Capital. During May, June and July of 1864, he was in command of all troops from Long Bridge to Chain Bridge in the defenses of Washington. His military service, throughout, was marked by a degree of intelligence, earnestness, devotion and consideration for his command, which from the first challenged the admiration and confidence of superiors and subordinates. In good conduct and discipline, his command evidenced the thoughtful care which alone could have secured to diem such distinction. The reports of Second Bull Run made special mention of Colonel Lee's efficiency in command. His regiment had been sent to an advanced position, of special peril, and during the fight a Rebel force made a flank movement, forming a line at right-angle with the Union lines, making necessary a change of front by Colonel Lee, whose command already was largely disorganized by being compelled to fall back to the main line from the advanced position to which he had been assigned. Regardless of Company organization, which was lost, and under the raking fire of the enemy, he was able to change front successfully by Battalion-instead of by Companies. Such operation, under the circumstances stated, could be possible only with men well disciplined and with full confidence in their commander. Upon leaving the Army, General Lee resumed the practice of the law at Tiffin. With this e was largely identified with different interests of a public nature, serving for five years as a member of the City Board of Education, and for seven years as Chief Engineer of the Fire Department. In 1869 he removed to Toledo, where e then formed a partnership with James M. Brown, who had been a student under him at Tiffin. This firm continued until 1882, when a son of the senior partner (Henry E. Lee), was admitted, the firm name becoming Lee, Brown Lee. This arrangement continued until the retirement of the junior partner in 1887. For a few years after becoming a voter, Mr. Lee acted with the Whigs, but from its organization he has co-operated with the Republican party, both as a voter and in such more general methods as occasions have opened to him. Upon the declination by Samuel Galloway, in 1867, of a nomination as the Republican candidate for Lieutenant-Governor, General Lee was selected for that position, and was elected, being again nominated and elected to the same place in 1869, serving for both terms with Governor R. B. Haves. As presiding officer of the State Senate, he commanded the respect and confidence of that body, irrespective of political divisions. On the occasions of three State Republican Conventions, he was called to preside over the same. In 1868 e was a delegate-at-large from Ohio to the Republican National Convention ; was a Presidential Elector-at-large for Ohio, and President of the State Electoral College in 1872. he was appointed United States Attorney for the Northern District of Ohio, in 1877, his term expiring in March, 1881. His special qualities both as debater and orator, early made him a favorite with public assemblages, of all kinds, his power in political discussions being exceptionally great. The appreciation of his talents and character is best seen in the extent to which his services have been called in public ways. Though without Church connection, he has for many years been identified with Presbyterian and Congregational Churches; and while an earnest advocate of Temperance, e has not acted with apolitical Temperance party. May 26, 1853, General Lee was married at Tiffin, with Miss Charlotte E. Hoffman, a native of Germany. There were born to them three children-a daughter (now dead), and two sons, Frank A. and Henry E. Lee, both now residents of Toledo.
FRANCIS L. NICHOLS was born July 11, 1805, in the Town of Norway, Herkimer County, New York. His father was a farmer, and his opportunities for obtaining an education were meagre, consisting of an annual term of three months in an ordinary country School. His father had a large tract of wild land in Jefferson County, same State, and from 1819 to 1824 was engaged in clearing and improving the same, with no School of any sort accessible
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for two years, when a little log School-house was provided, without chimney, and with but three small windows of four lights each. Anxious for better educational facilities, the son proposed that his father allow him to return to Fairfield, Herkimer County, that he might attend an Academy there and thus qualify himself to teach. The parent not approving such plan, the son continued work on the farm ; but having obtained from a friend, a grammar, he carried the same with him, studying it as he had opportunity at work in the field and elsewhere. When 21 rears of age, he resolved to leave the farm; but fortunately for him, about that time his father exchanged his farm for one in Fairfield. Herkimer County, near to which was an Academy, which the son attended for one term and until qualified to teach a common country School, which he did for four terms. Without means requisite for pursuing his plan of studies, he turned his attention to the pursuit of business, and soon entered a store, acting as clerk at $5.00 per month for one ) ear, when he engaged at another place at $300 per year, with Hon. Alex. H. Buell, remaining there three years, and then without capital began business on his own account, in his native Town. In 1830 he married Miss Jeannette Bushnell and continued in trade until August 19, 1835. Then leaving that country, he came to the West, with $70 in cash, and without known destination. He left Herkimer by an Erie Canal Line-boat, being one week in reaching Buffalo, whence he proceeded by Steamboat to Sandusky, and by stage and on foot to Mansfield, Mt. Vernon and Newark; thence by Canal to Cleveland, and by Steamboat to Detroit. Starting from there for Chicago by open mail stage, he proceeded as far as Michigan City, when for financial reasons, he deemed it better to return East. Taking a Steamboat at Detroit for Toledo and Cleveland, e proceeded to the latter place, not daring even to land at Toledo, from fear of the " Maumee," as the prevalent malarial diseases there were then called. He engaged as clerk in the Bank of Cleveland, and continued there until January, 1836, when he accepted a proposition to come to Manhattan, a new Town then just projected at the mouth of the Maumee River, to assume charge of a store to be established by the Manhattan Company. The Cashier of the Cleveland Bank, Alex. Seymour, remonstrated against such movement, predicting that if' undertaken he would not live six months. January 19, 1836, he took stage for Manhattan. The Manhattan Company soon discontinued the store. Mr. Nichols then took the small stock left and continued business until 1837, when came the financial crash so memorable of' those clays, which made a suspension of' his business necessary. At that time the Township of Port Lawrence comprised what afterwards were Port Lawrence, Manhattan, Washington, Oregon and part of Adams. Mr. Nichols was one of the Trustees of Port Lawrence. Afterwards when Manhattan Township was organized, he became a Trustee of the same. In 1841, he was, against his will, elected by the State Legislature an Associate Judge of Lucas County, vice John Berdan, deceased. At the outset the Court was confronted with a bitter County-seat controversy between Toledo and Maumee, and the Judges not agreeing as to which of these places was the legal seat of justice, no Court was held in the County for two or three years, resulting in serious damage to individual and public interests. Finally, Judge E. D. Potter, President Judge of the Circuit, and Judge Nichols, determined to hold a term of Court at Toledo, without the presence of the two Associate Judges favoring the claim of Maumee. Sheriff E. S. Frost, of Maumee, refusing to attend such session, the Court appointed Daniel Segur as Sheriff pro tem. The Court was held at the Northeast corner (up stairs) of Summit and Cherry Streets. The action of the Court was limited pretty much to probate business, granting of licenses for ferries, tavern keepers, &c. James Myers was appointed Clerk of the Court, and held the office until April, 1844, when Judge Nichols succeeded him, resigning the Judgeship, and removing to Maumee, then the County seat, where e purchased the residence vacated by M. R. Waite, now Chief Justice of the United States, on his removal to Toledo. Upon the expiration of his term as Clerk, Judge Nichols removed to Toledo, and built the residence since occupied by him at the corner of Galena Street and Summit Avenue. The County-seat was again located at' Toledo, upon the vote of the people in 1852, and Judge Nichols was elected County Clerk under the new Constitution in 1854, serving for three years. John Fitch was first chosen Judge of the Common Picas Court at the same election. Elijah Dodd was then the Sheriff. At the expiration of his terns as Clerk, Judge Nichols retired to his little farm then just outside the City limits, to spend the remainder of his (lays in the quiet of retirement. At the expiration of his last term as Clerk, Judge Nichols embarked in the Stove and Hardware trade, with Mr. J. N. Stevens, but soon disposed of his interest to Mr. Mayor Brigham, now one of the veterans of Toledo. In 1831, Judge Nichols united with the Protestant Episcopal Church, which connection has continued since that time. For many years a prominent member of Trinity, he was one of the principal organizers of Grace Church, Stickney Avenue, Toledo, contributing liberally toward placing the new organization on a good footing. On the breaking out of the .Rebellion in 1861, though then by several years exempt from military service, he enlisted as a private Soldier in Company C, Captain Richard Waite, One
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Hundred and Thirtieth Ohio Regiment, organized primarily for the defense of Ohio from Rebel raids, but serving chiefly on Johnson's Island and on the James River and Appomattox, Virginia, under General Grant. At the latter place the command remained until the expiration of its term of enlistment, in September, 1864, when it returned bovie and was mustered out. Politically, fudge Nichols was originally a Democrat, and acted with that party until the lines between Freedom and Slavery were so squarely drawn in the attempt to force Slavery into Kansas and Nebraska, and into all domain of the Government, in 1854. He was Chairman of the first County meeting held for organization against the Slave power which led to the Republican party, with which he has since been an earnest and active member. Beginning with Andrew Jackson in 1828, he has voted at every Presidential election since that time. For several Years past, his attention has been largely directed to the management of his real estate,. Never blessed with children of their own, Judge and Mrs. Nichols had the care of a nephew of Mrs. Nichols, Geo. F. Colby, from infancy, whom they educated and prepared for the practice of law ; but his eyesight failing, he was compelled to relinquish the profession.