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CHAPTER X.

JUDICIAL-THE BENCH-PRESIDENT JUDGES-JUDGES SINCE 1851-THE BAR
VISITING LAWYERS-RESIDENT ATTORNEYS-MADISON
COUNTY BAR ASSOCIATION.

AMONG the prominent agencies which give shape and order in the early development of the civil and social condition of society, the pulpit, press and bar, are perhaps the most potential in molding the institutions of a new community; and where these are early planted, the school. academy, and college are not long in assuming their legitimate position, and the maintenance of these institutions secures at the start a social and moral foundation upon which we may safely rest the superstructure of the county, the State, and the nation. The establishment of courts and judicial tribunals, where society is protected in all its civil rights under the sanction of law, and wrongs find a ready redress in an enlightened and prompt administration of justice, is the first necessity of every civilized community, and without which the forces and press of society in its changeable developments, even under the teachings of the pulpit, the direction of the press, and the culture of the schools, are exposed to peril and disaster from the turbulence of passion and conflicts of interest; and hence the best and surest security that even the press. the school, or the pulpit can find for the peaceful performance of its highest functions, is when protected by and intrenched behind the bulwarks of the law administered_ by a pure, independent and uncorrupted judiciary.

The Madison County bar has from its beginning numbered among its members able jurists, talented advocates and safe counselors. Here. many eminent lawyers from the surrounding counties have, with "silver tongue of ready utterance," sought to make the wrong appear the better reason, or with honest purpose and manly courage maintained their client's cause; while others of the local bar are still upon the stage of action, who have been prominent in the advancement of the interests of Madison County, and figured conspicuously in the councils of the State.

THE BENCH.

It will not be inappropriate to recall the names of the Judges of of the court who sat in the "old temples" and the new, and dispensed justice with impartial hand. Material changes have been made since the first court was opened in Madison County, both in the organization of the court and in the general practice of attorneys ; but as the different changes in the State judiciary has been given in the previous chapter, we will here confine ourselves to a record of the Presiding Judges under the old constitution and those who have sat upon the Woolsack " in London, since the adoption of the new.

PRESIDENT JUDGES.

Hon. John Thompson comes first in the order of time. We have been unable to find anything further regarding the life of Judge Thompson than

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that he lived at Chillicothe, and occupied the bench in this county from 1810 to 1815 inclusive. Old settlers tell us that he was a small, compactly built man, a good Judge and a well-read lawyer. In August, 1811, he adopted the following rules for the government of those practicing law in the courts of Madison County, and which we here give for the sake of "auld Lang syne." " First-Attorneys and counselors shall never make a motion unless they ask the court if they will hear such, and shall 'always stand in the place appointed for them. Second-They shall be orderly and treat each other with respect at the bar, make no noise or contradict any gentleman addressing the court or jury unless moving the court to interfere, and if the gentleman thus contradicted talk back, he shall suffer suspension at discretion of the court. Third-No gentleman is to interfere with the papers of the court or Clerk. Fourth-Counsel shall consult and agree on separate and distinct points of law and fact, otherwise only one on each side will be permitted to speak. Fifth-Only one counsel shall be admitted on each side to examine and cross-examine witnesses. Sixth-In all causes, one counsel, before the introduction of testimony, shall open the nature of the issue and the testimony to be offered." Similar rules were laid down by Judge Thompson for the guidance of the prosecuting attorney and other officers of the court. The judicial business in those early days was insignificant compared with the present, but with the passing years it gradually increased, and the duties of the Judge became more arduous.

Orris Parish was the next Judge of the Court of Common Pleas. He was born in Canterbury, Windham Co., Conn., in the year 1782. His father was Reuben Parish, and his mother Zerilla Bishop. Orris received the early part of his education in the common schools of Connecticut. In 1790; his father's family, with those of his grandfather and uncle, Levi Parish, settled in Middletown (now Naples), Ontario Co., N. Y., where Orris attended such schools as were found in the first settlements in the wilderness, and he may have attended the academy a few terms, in Canandaigua, N. Y. In 1807 or 1808, he entered the law office of the late John C. Spencer, but, before completing his course, his parents died, and he left Spencer's office. and finished his studies with his cousin, John Parish, in Windham, Windham Co., Conn. In 1811 or 1812, he emigrated to Ohio, and settled in Franklin. Franklin County. He was there during the war, and, in 1815, moved to Columbus, after the capital was fixed there. He acquired some distinction as a practitioner, especially in jury cases, where his style of oratory was very effective. His services were consequently in large demand, and he had a large practice on the circuit, which, in those times, was traveled on horseback from court to court, even to distant counties, by the jolly lawyers of the olden time, among whom he was noted. He was a very eccentric man, and many stories are related of him, his free translation to a jury of the legal phrase. "rectus in curia," which he gave as "coming into court head and tail up," was long remembered by the fun-loving generation of that day, and has descended as a bon mot in the profession. In 1816, he was elected President Judge of the Court of Common Pleas for this district. At the legislative session of 1818-19, charges were preferred against him calling for an investigation of his official conduct. They were referred to a committee, and the Judge published his address to the committee, in which he says: " To you, gentlemen, I submit my official conduct, and of you I solicit the most rigid

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inquiry and the severest scrutiny ;" concluding, " I neither ask nor desire any other justice at the bar of my country or Heaven, than that which I have contributed my best exertions to measure out to those whose rights have been confided to my hand." The committee reported in his favor, and afterward he resigned, and returned to the practice of the law, at which he continued with great success, as his reputation as a jury lawyer was co-extensive with the State.

In 1817, he was married to Aurelia Butler, daughter of Judge Butler, of Madison County, N. Y., at the residence of her brother-in-law, Richard Douglas, in Circleville, Ohio. He built, on Fourth street, Columbus, a residence known now as the Whitehill property, at present the residence of Chauncey N. Olds. a leading lawyer of the city. He and Gustavus Swan, David Scott and David Smith were the first four lawyers, that located in Columbus after it was laid out in 1812.

Upon the resignation of Judge Parrish, Frederick Grimke was appointed to fill the vacancy until the next session of the General Assembly, and served throughout 1819; but as Judge Grimke was regularly elected at a later date, we will omit any further mention of him in this connection, and take up his successor.

John A. McDowell, son of Samuel McDowell and Ann Irvin, was born near Harrodsburg, Ky., May ?6, 1780. He studied law, and served with distinction on the staff of Gov. Shelby in the war of 1812. At the battle of the Thames, in Upper Canada, the British commander, Gen. Proctor, escaped from the field of battle, leaving his carriage and personal baggage, which were captured. Among the spoils was a heavy old-fashioned silver watch, with a seal, which was presented to Gov. Shelby, who detached the seal and gave it to his aid-de-camp, Maj. John A. McDowell. who retained it, and often exhibited it in after life as a trophy. It is now in possession of his relative, Joseph Sullivant. of Columbus, who preserves it as a memento.

On November 9, 1809, he was married to Lucy Todd Starling, youngest daughter of Col. William and Susannah (Lyle) Starling, and at the solicitation of his brother-in-law, Lucas Sullivant. removed to Franklinton in 1815, or early in 1816, and became a prominent and successful lawyer. In 1819, he was appointed Prosecuting Attorney of Franklin County, and in the session of 1818-19 was a member of the Legislature. In 1820. he was elected President Judge for this judicial district, and died September 30, 1833. he was a fine-looking, handsome man, of great talents and very popular; but his bright future was cut short by his early decease, leaving two surviving children to mourn his departure to that land beyond the grave.

His successor as Judge of this district was Gustavus Swan, son of John and Sarah (Mead) Swan, born July 15, 1787, at Petersboro, N. H. His means of early education were limited as his parents were poor, but, by his own perseverance and exertion, he obtained an excellent classical, mathematical and scientific course of instruction at the Aurean Academy, Amherst, Hillsboro Co., N. H. Dr. Reuben D. Murrey, son of Dr. John Murrey, and who subsequently settled in the city of Boston, and became one of the most celebrated surveyors in the country, was a fellow schoolmate. Judge Swan always said he was indebted to Dr. John Murrey's aid in his studies and encouragement more than then to any one else for his

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subsequent success in life. He studied law with Samuel Bell, a celebrated lawyer, at Concord, N. H., who was afterward Governor of the State, and was admitted to the bar in New Hampshire.

He first came to Marietta, Ohio, in 1810, and remained a year there, and was admitted to the bar of Ohio. In 1811, he came to Franklinton, then the county seat of Franklin, and commenced the practice of the law. His ability and industry soon gave him high professional reputation, and he. was employed in all the important cases, which brought him in constant conflict with Beecher, Ewing, Irwin, Baldwin, Grimke and other distinguished leaders of the Ohio bar, who then, rode the circuit, and practiced in the courts held at the capital of the State. Judge Swan, in these legal contests, involving nice questions, under the old rules of pleading, and requiring a thorough knowledge of the land laws, especially in the Virginia Military District, soon took rank among the first at the bar. He was a diligent student and fine speaker, having great power with a jury. and his practice extended through Fayette, Madison, Union, Delaware, Pickaway and Fairfield Counties, where his name is still associated, in the traditions of the people. with the pioneer lawyers of his day. He was the first Representative elected by Franklin County to the Legislature, as soon as she was entitled to elect alone, in 1812. and was elected again in 1817. He was constantly engaged in the practice of his profession until 1823, when he was appointed by Gov. Morrow Judge of the Court of Common Pleas, in place of Judge J. Adair McDowell, deceased, and was elected by the Legislature. on its meeting, for the term of seven years, and was the Judge when the court was removed from Franklinton to Columbus, in 1824, and made an able one. In pursuance of the resolutions of the General Assembly, passed January 22, 1825, he compiled the land laws for Ohio, including the State laws to 1815-16, an invaluable publication to the practitioner. He was subsequently promoted to the bench of the Supreme Court.

In 1830, he resumed the practice of law in Columbus, to which place he moved his residence in 1815. He continued from that date in active practice until 1843, doing a lucrative and extensive business. By this time, he had acquired a large fortune. He had been President, from 1823, of the old Franklin Bank of Columbus. incorporated by the Legislature February 23, 1816, whose charter expired January 1, 1843. On the organization of the State Bank of Ohio, and its branches, under the act of February 1845, the old Franklin Bank, on July 1, 1845. organized as one of its branches, Judge Swan was elected one of its directors, and afterward President of the State Bank of Ohio, he being considered one of the ablest financiers in the State. The duties of the place required his whole time, in connection with his other large private interests, and he retired from practice.

The last time he appeared as counsel in court was in defense of William Clark, a convict in the penitentiary, tried for the murder of Cyrus Sell, one of the guards, by a single blow with a cooper's ax. He was tried at the December term, 1843, of the Supreme Court of Franklin County, reported in the eighth volume of the Ohio State Reports. and convicted of murder in the first degree, and hung on February 9, 1844, with a female colored convict, Esther, who had killed another prisoner. The defense was insanity, and there was an array of eminent counsel on both sides. Judge

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N. H. Swayne conducted the prosecution, examining the medical experts for the defense, including his own family physician. Judge Swan, who had been generally successful in criminal cases, put forth his full powers, and confidently remarked, it is said, that he had never had a client hung in his life, and if Clark was, he never would put his foot in the court house again, as a lawyer; and he never did, unless on his own business.

Judge Swan, from this time, devoted himself to his duties as President of the State Bank of Ohio, and the management of his large estate. He was very fond of books and philosophical discussions. On October 14, 1819, he was married, by Rev. Dr. James Hoge, to Mrs. Amelia Weston, daughter of George and Mary Aldrich. born at Meriden, Mass., December 20, 1785 ; died November 5. 1859. and is buried under the same monument, in Green Lawn Cemetery, with her husband, who died February 6, 1860. Judge Swan had two sons, both of whom died before him. George was lost at sea. on the ill-fated steamer Lexington. It was a great grief to his father, which was intensified by the death of Charles. who, he hoped, would have lived to take his position. He bad two daughters-Mrs. Sarah Whitney, of New York City, and Mrs. Jane Parsons, wife of George M. Parsons, of Columbus, Ohio.

Frederick Grimke was elected Judge of the Common Pleas Court, for this judicial district, at the session of 1829-30. He came from the Southern States to Chillicothe, early in the present century, and was a contemporary of Ewing, Beecher, Swan, Irwin, Baldwin and other distinguished lawyers who rode the circuit during those pioneer days. As already mentioned, he served throughout 1819 as Judge of the Court of Common Pleas, after which he practiced his profession until his election to the Judgeship by the General Assembly. He sat upon the bench but three years of his second term, when he was promoted to a Supreme Judgeship, and was noted for his eminent legal ability, and high-toned sense of justice. Like many able men, he was very eccentric on one point-his dislike of women, which he carried to extremes. It is said of him that upon one occasion while out horseback riding near Chillicothe, he was met by a bevy of young ladies, who, knowing his aversion to their sex. mischievously determined to make him speak to them. They joined hands across the road, which was flanked on one side by a fence, while upon the other the bank led down a steep descent toward the Scioto River. Seeing the trap set for him and divining their intention, he turned his horse's head, and with the contemptuous remark, "What an infernal set of fools." rode in the opposite direction. Judge Grimke was of medium size, possessing a slender figure. and lived and died a bachelor, carrying to the grave this foolish eccentricity. He was very well liked by the bar throughout the district, and is said to have been an honorable upright man, whose mind was of the highest judicial cast, and whose decisions were always just and equitable.

Joseph R. Swan, son of Jonathan and Sarah (Rockwell) Swan was the next to don the judicial ermine in this district. He was born at Westernville, Oneida Co., N. Y., December 28, 1802. He is of Scotch-Irish ancestry (from Londonderry) and received an academic education at Aurora, N. Y., where he commenced the study of law, which he completed at Columbus, Ohio, with his uncle, Gustavus Swan. and was there admitted to the bar in 1824. He immediately commenced the practice of his pro-

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fession in Franklin and the adjoining counties, and soon gained the reputation of a learned, honest and safe lawyer and counselor.

In 1833, he was married to Hannah Ann Andrews, of Rochester, N. Y., daughter of Samuel S. Andrews, one of the early residents of that city from Darby, Conn., and has three sons and two daughters, one of whom is married to Maj. R. S. Smith, of Columbus. Mrs. Swan died in 1876. Mr. Swan was Prosecuting Attorney of Franklin from 1830 to 1834. In 1834, he was elected by the Legislature as Common Pleas Judge for the district composed of the counties of Franklin, Madison, Clark, Champaign, Logan, Union and Delaware, and re-elected in 1841, and by his satisfactory and impartial discharge of the duties of the office. obtained the reputation of being one of the best Judges in the State. Judge Swan, on the expiration of his second term, resumed the practice of law in Columbus, and formed a partnership with John W. Andrews, which did a large business under the firm name of Swan & Andrews.

In 1854, the opponents of the repeal of the Missouri Compromise, by the Kansas-Nebraska act, which created quite an excitement in Ohio, nominated and elected him Supreme Judge by over 77,000 majority. On the bench, he maintained his distinct characteristic of great conscientiousness, that neither personal interest nor sympathy could, in any manner, influence his judgment of right or law. This was strikingly illustrated in May, 1854, when S. P. Chase, then Governor of Ohio, brought a strong pressure to bear upon the Judges of the Supreme Court, to obtain a decision declaring the fugitive slave laws unconstitutional anti void, that the enforcement of them might be resisted by the State ; the court stood, two Judges in favor of nullifying, and three opposed. If there had been a majority in favor, and the United States Marshal had re-arrested the discharged prisoner, as he was instructed to do, and the Governor had resisted the re-arrest with military force, as he proposed to do by orders issued to the military to be ready for service, a conflict might have been brought on that would have changed the subsequent history of the loyalty of Ohio to the laws and constitution of the United States. Great excitement prevailed-party passion and prejudice ran high in the political convention that was to pass on the question of his renomination, and to assemble on rite day after the opinion of the court was delivered. Rising to the importance of the coming crisis, Judge Swan, then Chief Justice, in delivering the opinion of the court sustaining the fugitive slave law, in his closing remarks, says

As a citizen, I would nor deliberately violate the constitution or the law by interference with fugitives from service. But if a weary, frightened slave would appeal to me to protect him from his pursuers, it is probable I might momentarily forget my allegiance to tbe lazy and the constitution, and give him a covert from those who were upon his track. * * * And if I did it, and was prosecuted condemned and imprisoned, and brought by my counsel before this tribunal on a habeas corpus, and were then permitted to pronounce judgement in my own case, I trust. that it I should have the moral courage to say, before God and the country. as I am now compelled to say, under the some duties of a Judge, bound by my official oath to sustain the supremacy of the constitution and the law-The prisoner must BE REMANDER..

In the convention, the next day, the prejudices and passions of the hour defeated iris nomination, but the judgment of the bar of Ohio sustained him. The politicians who raised the issue never reached the Presidency. Ohio made Abraham Lincoln, President, and resistance to the constitution and laws of the Union, pronounced valid by its highest court,

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came from those who took the sword to defend the right to extend slavery, and broke their idol in pieces by their own folly.

Judge Swan, in 1859, resumed the practice of law, and soon after became connected with the Columbus & Xenia Railroad, and afterward the general solicitor of the Pittsburgh, Cincinnati & St. Louis Railway Company, in which capacity he is still engaged. Gov. Brough appointed him to the vacancy on the Supreme Bench, occasioned by the death of Judge Gholson, which he declined, as he did also the same position tendered him since the war. Judge Swan has prepared the following elementary law books, which have been accepted by the profession in Ohio as the best authority on the subjects upon which they treat. In 1835-36, Swan's Treatise"-an indispensable companion of every Justice of the Peace-which has passed to the tenth edition ; 1843, Guide for Executors and Administrators ;" 1841, " Swan's Revised Statutes ;" 1843, a revised edition of the statutes ; 1860, a revised edition of the statutes to which L. S. Critchfield annexed notes of the decisions of the Supreme Court; in 1868, a supplement to the edition of 1860 was compiled and published, with notes of the decisions of the Supreme Court, by Milton Sayler ; 1851, " Swan's Pleadings and Practice," two volumes; 1862-63, " Swan's Pleading, and Precedents under the Code." None of the decisions of the Supreme Court rendered by him have ever been overruled. As a jurist, his opinions stand high with the profession. His well-known integrity has secured him the universal respect of the people where he resides, and of the State where his books have made his name a household word. For years he has been an active member of Trinity Episcopal Church.

The last to sit upon the bench under the old constitution was Judge James L. Torbert, the eldest son of Lamb and Eliza (Slack) Torbert, of Bucks County, Penn., where he was born in 1793, on the 22d of February. He was the recipient of a liberal classical education, Princeton being his Alma Mater; corning to this State in 1818, he was, for several years, engaged in educational duties in an academy at Lebanon, Ohio, assisting in the intellectual training and development of a number of young men, who have since achieved distinction, among whom may be mentioned the distinguished astronomer, Gen. O. M. Mitchell, the founder of the Cincinnati Observatory. and author of several astronomical works and text hooks. Judge Torbert made Iris advent in Springfield in 1824, and being a fine linguist, devoted himself, during tine first few years of his residence here, to giving instruction in the languages ; having been admitted to the bar in the meantime, he became associated with Gen. Samson Mason in a law copartnership. In 1846. he succeeded Joseph R. Swan as Judge of the Court of Common Pleas for the Twelfth Judicial District and filled that office until the adoption of the new constitution, holding his last term of court in London, in November 1851. He filled most satisfactorily and ably, for several years, the office of Judge of Probate for Clark County.

While Judge Torbert was a roan of superior scholarly attainments and literary tastes, he was modest, unobtrusive and retiring ; and with a remarkable gentleness and amiability of disposition, he united an immovable firmness and fidelity to his convictions, which were sincere and earnest on all subjects, whether religious, political or domestic; he was found at an early date, battling, with voice and pen, against oppression, especially as he be-

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lieved it to exist in the institution of slavery, and at this period to take so advanced a position, indicated the possession of a rare order of courage. But the stern logic of events has demonstrated the correctness of his views and position on this important question. On the 31st of July, 1821, he married Hannah C., daughter of Dr. John C. Winans, of Lebanon. Warren Co., Ohio, to whom were born eight children, of whom two sons and three daughters survived their father ; his death occurred very suddenly on the 15th of .May, 1859, on board the steamboat Tecumseh, on the Mississippi River, near New Madrid. en route from New Orleans, whither, accompanied by his wife, he had gone to bring home their eldest son, who had been for some time ill in that city. The occasion of his funeral elicited marks of the highest esteem and sincerest affection from the whole community, and especially his late associates of the bar. Gen. Samson Mason, his quondam law partner, who has long since joined him on the other side, and who was wellknown to bestow none but sincerest praise, said of him on the occasion of the meeting of the Springfield bar, to pass resolutions of condolence and respect, that J. L. Torbert was one whom no mede of praise could flatter."

The November term, 1851, closed the regular sessions of the Court of Common Pleas of Madison County under the old regime. but the Associate Judges held two sessions subsequently for the transaction of probate business, viz., in December, 1851, and February, 1852.

JUDGES SINCE 1851.

At the April term of the Court of Common Pleas for 1852, the Hon. James L. Bates, who bad been elected the previous fall, produced his commission dated January 16, 1852, as Judge of the Third Subdivision of the Fifth Judicial District. James L. Bates was born near Canandaigua, N. Y., January 4, 1815. His father was Stephen Bates, and his mother Naomi (Handy) Bates ; the former from Granville, Mass., and the latter from Guilford, Conn., both descendants from old Revolutionary stock. His grandfather settled in Ontario County, N. Y., in 1790. James L. was educated at the Canandaigua Academy and Geneva College, New York ; read law with John C. Spencer two years ; came to Columbus in October, 1835, and read a year with Orris Parish and N. H. Swayne, and was admitted to the bar in the winter of 1836-37 ; commenced practice, and formed a partnership with N. H. Swayne in the spring of 1837, which continued until he was elected in 1851, on the adoption of the present constitution, Judge of the Common Pleas, for the third subdivision of the Fifth Judicial District, composed of the counties of Pickaway, Franklin and Madison, and was reelected in 1856 and 1861, the last time without opposition--a handsome compliment in a district politically against him, serving thus fifteen years continuously. Judge Bates made a safe and excellent Judge, was a sturdy worker, and alone did the business of the three counties satisfactorily, without allowing the docket to accumulate, with undisposed business.

Judge Bates held the office of Director of the Ohio Penitentiary from 1866 to 1874, and was a member of the Board of Education of the city of Columbus from 1844, six years consecutively, being Secretary of the board the first four years. He was active in advancing the city school system of Columbus to a high state of perfection.

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On October 18, 1837, he was united in marriage to Miss Maria Kelley, eldest daughter of Hon. Alfred Kelley, one of the ablest and most prominent men in Ohio. Since Judge Bates has retired from the bench, he has principally been employed in the management and settlement of large estates involving the interests of minors and widows, without engaging in general practice. His straightforward honesty and known integrity, especially qualify him for trusts of this kind, and the community where he has lived over forty years, fully appreciate the fact.

The second Judge under the new constitution was the Hon. John L. Green, a native of Virginia, who located in Circleville, Ohio, about 1830, where he won and retained a large and successful practice. He was elected to the State Senate from Pickaway and Franklin Counties, serving in the sessions of 1837-38, 1838-39, 1839-40, and 1840-41. He subsequently removed from Circleville to Chillicothe, and was there elected Judge of the Court of Common Pleas. Thence he removed to Columbus, and in October, 1866, was elected Judge of this subdivision to succeed Judge Bates. He was re-elected in 1871, and again in 1876, his term expiring in February, 1882.

During the legislative session of 1867-68, an act was passed creating an extra Judgeship for the Third Subdivision, and in April of the latter year Joseph Olds, of Circleville, was elected to fill the position. Judge Olds is a native of Pickaway County, and a graduate of Yale College. After serving his full term on the bench, he returned to the practice of his profession. He is a member of the firm of Harrison, Olds & Marsh, and one of the leading attorneys of Columbus, whither he removed from Circleville.

In 1873, Edward F. Bingham, of Columbus, was elected to succeed Judge Olds, and re-elected in 1878. Judge Bingham is one of the best Judges in the State, and takes great pains in examining the points and authorities submitted to him by council. His decisions satisfy all who hear them, of the impartiality with which he has formed his opinions.

The Legislature in March, 1875. passed an act creating an extra subdivision in the Fifth Judicial District. In April of that year, Samuel W. Courtright, of Circleville. was elected as Judge of the new subdivision of Pickaway and Madison Counties. He is a native of Pickaway County ; read law with D. M. Jones, of Circleville, and with Hon. Belamy Storer, of Cincinnati. He graduated from the Cincinnati Law School, and in 1863 began the practice of his profession. He has been Prosecuting Attorney of Pickaway County for two terms, and for more than a year was in partnership with C. F. Krimmel. After twelve years of practice, he was elected Judge, but the act creating an extra subdivision in this district being subsequently declared unconstitutional by the Supreme Court, the office died at the expiration of Judge Courtright's term. He was said to be the youngest Judge in Ohio, and was well liked by the bar of Madison County.

Under the act of 1878, Eli P. Evans was elected Judge of the Fourth Subdivision. He is a son of George W. and Mary R. (Eberly) Evans, and was born June 10, 1842, at Dublin, Franklin Co., Ohio; attended the common schools, and obtained his education chiefly by his own efforts ; read law with James E. Wright, and was admitted to the bar September 6, 1870, by the District Court of Franklin County, Ohio. He immediately commenced the practice of the law, and opened an office in Columbus, Ohio. In 1878,

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the General Assembly erected a Fourth Subdivision of the Fifth Judicial District out of Franklin County, by separating it from Pickaway and Madison. He was elected Judge on .the 1st of April, 1878, the term beginning on the 1st of May, 1878. This office, like Judge Courtright's. expires under the decision of the Supreme Court, but the Legislature in 1881-82, passed an act creating an extra Judgeship, and in October, 1882, Judge Evans was elected to fill the position. he is a diligent worker on the bench, and carefully examines all questions before deciding them. The criminal docket, however, has been assigned him in the division of the business, and occupies most of his time.

The General Assembly of 1878-79. passed an act creating an extra Judgeship in the Third Subdivision of the Fifth Judicial District, by virtue of which George Lincoln, of London, was elected in October, 1879. Judge of the Court of Common Pleas. He was born in Westford, Windham. Co., Conn., June 24, 1825. His paternal grandfather, George Lincoln, was of Puritan stock, his ancestry being among the first settlers of Massachusetts. He married Delia Ingalls, and George, the father of our subject, was born of this union in 1799. He was reared in New England, %vas a tanner by trade, and married Laura, daughter of Joseph and Delia (Record) Ashley, of Connecticut. Five children were the fruits of this union. four of whom are living. The father died in 1872, but his widow resides in Connecticut, at the advanced age of eighty-eight years. Judge Lincoln grew to manhood in his native State, working in his father's tanyard, and attending school three or four months per year until be attained the age of twenty-one, when he left home and began working on a farm. He followed this vocation for several months, teaching school the following winter, and the next summer attended Monson Academy, at Monson, Mass., and again engaged in teaching school the subsequent winter. In the spring of 1848, be commenced to read law in the office of the Hon. Jared D. Richmond. at Ashford, Conn., and the following spring went to Toland, Toland Co., Conn., and for two years pursued his law studies under Hon. Z. A. Storrs, of that place. He taught school during the winter of 1850-51, and in the spring of the latter year came to Rockport, Ind., where he engaged in teaching. Failing health induced him to go to Genesee, Wis., where he continued teaching during the winter of 1851-52, but not regaining his health he returned to Connecticut in June of the latter year, weighing less than 100 pounds and anticipating death from consumption.

After a few months visit, his health being somewhat improved, he again . came West, stopping at the home of his uncle, Charles Lincoln, in Champaign County, Ohio. Throughout the winters of 1852-53 and 1853-54, he taught school at Woodstock, reviewing his law studies with John H. Young, of Urbana. In March, 1854, he was admitted to the bar by the Supreme Court, the oath being administered by the Hon. Allen G. Thurman. Judge Lincoln immediately went to Marysville, Union Co., Ohio, and began the practice of his profession, and in the fall of 1854 entered into a partnership with Hon. C. S. Hamilton, of Marysville. which existed until his removal to London, in October, 1860. In 1863-64, he was Prosecuting Attorney of Madison County, and soon won the reputation of being one of the leading lawyers at the bar. In October, 1879, he was elected Judge of the Court of Common Pleas, taking his seat in February, 1880. Judge Lincoln was

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married, June 15, 1859, to Harriet M. Macmillan, a native of Madison County, who bore him one son, John A. Mrs. Lincoln died May 29, 1867, and September 7, 1871, he was married to Annotate T. Phelps, of this county.

Politically. Judge Lincoln is a stanch Democrat, and although not a politician, always takes a warm interest in the success of his party. He is the only member of the Madison County bar, since the organization of the county to the present time, who has been honored by an elevation to the bench, where by his impartial and unswerving rectitude in his rulings, he has sustained the purity of the judiciary and the dignity of his profession.

THE BAR.

In the early days of mud roads and log cabins, the lawyers rode the circuit with the Judge on horseback from county to county. equipped with the old-fashioned leggings and saddlebags, averaging about thirty miles a day. The party had their appointed stopping places, where they were expected, and, on their arrival, the chickens, dried apples, maple sugar, corn dodgers and old whisky suffered, while the best story-tellers regaled the company with their humor and anecdotes. With the organization of Madison County came also the attorneys-a necessary appendant to the administration of justice. Throughout the earlier period of the county's history the disciples of Blackstone and Kent do not seem to have looked upon London as a fruitful field for their profession, and for many years the county did not possess a single lawyer. From Chillicothe, Circleville, Columbus, Xenia, Urbana and Springfield came the first attorneys who figured before the courts of this county, and as some of them held the office of Prosecuting Attorney during those early days, it will be appropriate to give them a brief space in this chapter.

VISITING LAWYERS.

Ralph Osborn, a native of Waterbury, Conn., where he acquired his profession of the law, came to Franklinton in 1806, where he remained a few years; but, upon the organization of Delaware County in 1808, he was appointed Prosecuting Attorney of that county. Soon after he removed to Circleville, and, in December, 1810, was elected Clerk of the Ohio Legislature, which position he filled five consecutive sessions. Upon the organization of Madison County, lip was appointed at the first term of court Prosecuting Attorney, serving in that capacity from 1810 to 1814, inclusive. In 1812, he married Catharine Renick. daughter of John Renick, then living on Big Darby. In 1815, he was elected Auditor of State, and held that office eighteen years in succession, and, in the fall of 1833, was elected to the Ohio Senate to represent Franklin and Pickaway Counties. After his election as Auditor of State, he did not practice his profession. His wife, Catharine, having died, he was married, in 1831, to Jane, eldest daughter of Col. James Denny, and widow of Dr. Daniel Turney. Upon the location of the seat of government at Columbus, he removed his residence to that point, and there died December 30, 1835, aged fifty-two years. Mr. Osborn was, in manners, courteous, discharging his several trusts with care and integrity. The lion. J. R. Osborn, of Toledo, Ohio, is one of Mr. Osborn's sons, and Mrs. Josiah Renick, Mrs. P. C. Smith, and Mrs. S. H. Ruggles are his daughters. Mr. James Osborn, another son, was a leading merchant in

404 - HISTORY OF MADISON COUNTY.

Columbus, and died, leaving sons who still carry on his old firm business, and are leading men in the city.

Richard Douglas, the Prosecuting Attorney of Madison County from 1815-17, was also born in Connecticut. He read law with Hon. Henry Brush. of Chillicothe, and settled as an attorney first at Jefferson, Pickaway County, removing to Circleville soon after the county seat had been located there. Thence about 1815, he removed to Chillicothe, where he died in 1852, aged sixty-seven years. Mr. Douglas was Prosecuting Attorney of this and Ross Counties, a member of the Ohio Legislature, and First Lieutenant of the company commanded by Capt. Tryatt in the war of 1812. He was a lawyer of more than ordinary ability, and his abounding humor and fund of anecdotes made him the most agreeable company to the lawyers while circuiting. It is said that he possessed considerable poetic talent, and bore the title among his contemporaries of "the poet of the Scioto." His son and grandson, Messrs. Albert Douglas, Sr., and Jr., are residents of Chillicothe.

Caleb Atwater located in Circleville about the close of the war of 1812. as an attorney at law. For several years he was Postmaster, and a member of the Ohio Legislature for one term. At the June session of the Court of Common Pleas of Madison County, in 1815, he was Prosecuting Attorney, and held the same position from November. 1822, to the same period in 1823. About the year 1827 or 1828, he was appointed, by President Jackson, as one of the Commissioners to treat with the Indians for the purchase of their lands at Prairie du Chien. Mr. Atwater's information was extensive, but he is better known as an antiquarian and historian, upon which subjects he has written several works. He died in Circleville, on the 3d day of March, 1867, nearly ninety years old ; he was a native of North Adams, Mass.

John R. Parish was the next Prosecutor of this county. He was a son of Roswell Parish, and born at Canterbury, Windham Co., Conn., in 1786 educated in the common schools and the Plainfield Academy, which was in a town of that name close to Canterbury. He read law in the office of his uncle, John Parish, of Windham. and was there admitted to the bar. In 1816, he came to Columbus, Ohio, and began the practice of his profession. He was a man of vigorous mind, a good lawyer, and soon obtained a fair share of the litigated business. In 1820, he was elected to the Legislature from Franklin County, and re-elected in 1821 ; was a popular legislator, and upon the expiration of his second term, was appointed Prosecuting Attorney of that county. Prior to this, he served as Prosecutor of Madison, viz., in the September term, 1816, and from December, 1817, up to the close of 1819. Mr. Parish married Mary Phillips, of Columbus. Like many lawyers of that period, he indulged in the convivialities of the times. He died in June, 1829 ; was a cousin of Judge Orris Parish, and is said to have been much the abler lawyer, and better versed in the legal learning of the profession.

Among the early Prosecuting Attorneys were G. W. Doane, of Circleville, in 1816; David Scott, of Columbus, in 1817 ; James Cooley. of Urbana, in 1820, and George W. Jewett, of Springfield, in 1822. G. W. Doane was a native of New Milford, Conn.; graduated at Union College, New York, and attended the law school at Litchfield, Conn.; located in Cir-

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cleville, in the year 1816, as an attorney at law ; was one of the editors of the Ohio Branch, a weekly newspaper of Circleville, now continued and published by S. Marfield, Jr., as the Union-Herald. Mr. Doane was a man of liberal education, and a most exemplary citizen. On the 4th day of February, 1862, he died, aged seventy-six years. For many years previous to his death, he had entirely lost his sight, and, consequently, was disqualified for business. He was a brother-in-law of the late Judge William B. Thrall, for a long period publisher of the paper above referred to. A son of his, George W. Doane, is now in practice, as an attorney, in Omaha, Neb. Mr. Doane, for one term, represented the county of Pickaway in the Lower Branch of the Legislature. David Scott was born in Peterboro, N. H., in 1786, came to Franklinton in 1811, engaged in the practice of the law, and was appointed Prosecuting Attorney of that county in 1813, serving until 1819, a portion of which time he was Prosecutor of Madison County. James Cooley was one of the pioneer lawyers of Urbana, and, in 1826, was appointed United States Minister to Peru, where he died April 24, 1828. He was a young man of brilliant parts, of fine appearance and prepossessing manners, and stood in the front rank of his associates. We have been unable to learn anything definite of Mr. Jewett, only that he practiced law in Springfield for some years, during the early history of that town.

Another of the pioneer visiting lawyers of the courts of Madison County, and who was Prosecuting Attorney from November, 1823, until the close of 1824, was Joshua Folsom, born at Henniker, N. H., in the year 1783. His parents were Quakers, and his ancestors came from the north part of England, and settled at Hingham, Mass., in the year 1638. His grandfather was known as "Quaker Joshua," and was extensively known and respected as a man of strong sense and integrity. Joshua Folsom, the subject of this sketch, studied at Dartmouth College, but did not graduate. After leaving college, he read law two years, at Baltimore, in the office of Robert Goodloe Harper, who was a very distinguished lawyer and orator, and member of the United States Senate. Mr. Folsom began the practice of law at Circleville, Ohio, about the year 1810, and practiced, also, in many other . counties of the State, as most lawyers of that day did, on account of the paucity of cases at home. About the year 1824, at the lime Gustavus Swan was appointed Judge, he went to Columbus to practice, being requested by Judge Swan to come there to take charge of his business. After remaining at Columbus two or three years, he returned to Circleville. In 1830, having accumulated a moderate fortune, for that day, and not being in good health, he retired from practice and settled on a large tract of land which he owned in Logan County, Ohio. Mr. Folsom was a man of very extensive information, having, also, a respectable knowledge of Latin, Greek and French, and being well read in history and general literature. We have, also, the authority of Hocking Hunter, for saying he was .: a very good lawyer." Some of his arguments at the bar are yet remembered as very fine. He never held any office, except that of Prosecuting Attorney of Pickaway and Madison Counties.

Besides those attorneys who were Judges :ind Prosecutors of the courts of Madison County, the following have practiced at this bar, viz.: John S. Wils, James K. Corey. Noah H. Swayne. John W. Anderson, Brush Gilbert and P. B. Wilcox of Columbus. From urbana came Moses B. Cor

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win, Israel Hamilton and John H. Young. Circleville sent Joseph Olds, Sr. ; Chillicothe. William Creighton and Henry Brush, the latter of whom subsequently settled in Madison County, and here died. He was not, however, identified with this bar to any extent, but resided on a farm close to London for many years. From Xenia, came John Alexander, and from Springfield, Charles Anthony, William A. Rogers, Samson Mason, James L. Torbert, William White and perhaps a few others from the several towns of the adjoining counties.

RESIDENT ATTORNEYS.

The first lawyer to locate in London was A. D. Vanhorn, a native of Vermont, who came to Columbus, and in 1819 settled in this town. He made his home at the hotel of Phillip Lewis. and is said to have been a fine looking man, and a lawyer of considerable ability. We find his name on record as Prosecuting Attorney, in 1820, and we learn that he died shortly afterward. It is said that he left a wife and family in the East, as he often spoke of his children. He was somewhat dissipated, and this perhaps was the cause of his leaving his Eastern home, to die far away from wife and family.

The next lawyer who settled in London was Patrick G. Goode. He came from Xenia in the spring of 1821, and from July, 1821, until October, 1822, was Prosecuting Attorney of Madison County. He possessed an overpowering appetite for strong drink, and after remaining here a couple of years removed to Sidney, Ohio. Soon afterward he abandoned his drinking habits, was joined by his wife, who had previously separated from him, became Judge of the Court of Common Pleas and Member of Congress, and during his lifetime was one of the most prominent men in that portion of Ohio. We have also heard that he joined the Methodist Episcopal Church, and in his latter years was a preacher of that denomination.

Samuel N. Kerr comes next in the order of time. He was born in Miami County, Ohio, studied law at Troy, was there admitted to the bar, and in 1824 located in London. He boarded with Philip Lewis, and subsequently married Alithea, the second eldest child of Col. Lewis. Of this union were born four sons and two daughters, viz.: Lucien, deceased ; Josephine, the wife of James Jones. of San Jose, Cal ; Wellington, who resides in Oregon ; Maria J., the wife of Captain Fuller. of Peoria. Ill. ; Newell, who resides on the homestead near Peoria, Ill., and Lewis, deceased. Mr. Kerr practiced his profession for many years in this county, and accumulated considerable property. He was Prosecuting Attorney from 1825 to 1836 inclusive, and again in 1839-40. During a considerable period of the county's history, he was its only resident lawyer, and is said to have been a good one. About 1851, he removed to a farm which he purchased near Peoria, Ill., and spent the remainder of his days in that Mate. Politically, he was an ultra Democrat. His health and mind became Tattered in old age, and he died at Decatur, Ill.. while upon a visit to one of his daughters who then resided in that town.

Isaac N. Jones and William R. Roberts were the next to "hang out shingles " in London. The former came from Tennessee, and was Prosecuting Attorney in 183T-38. In the fall of 1840, he went to Philadelphia, and engaged in merchandising. Thence he removed to -Missouri, where he fol-

HISTORY OF MADISON COUNTY. - 408

lowed his profession with considerable success. While in London, he married a daughter of George Phifer, a well-known pioneer of Madison County. William R. Roberts came from Philadelphia to Ohio, and settled in London .prior to 1838. He was a large, prepossessing-looking man, and a talented lawyer, but indulged too freely in strong drink. After a short residence, he removed to Indianapolis, there married a rich wife, and became much respected.

James F. Freeman was born in Belmont County, Ohio, March 6, 1815, and died at Harrisburg, Franklin Co., Ohio, September 21, 1857. His father, Richard Freeman, with his brother, Thomas, and cousin, Richard, emigrated from Ireland to America immediately after the American Revolution, and as early as 1799 settled at Wheeling, W. Va. In 1800, he married Marjory Carter, who died in 1849, of cholera. From Wheeling he emigrated to Belmont County, Ohio, and in 1833 came to Madison County, where he died in November, 1836. James F. received the advantages of the town schools, and obtained a good common school education. At the age of twenty or twenty-one years, he entered the law office of Samuel N. Kerr, of London, and in 1838 was admitted to the bar by the Supreme Court, at a session of that court held in Marysville in that year. He immediately began the practice of his profession in London, and devoted to it the whole of his energies, until shortly before his death, when he removed to Harrisburg. He was appointed Clerk of the Court in 1839, to fill the vacancy occasioned by the death of John Moore, and served in that capacity until May, 1841. During the years of 1852 and 1853, he served as Prosecuting Attorney of the county. On July 3, 1838, he married Eleanor Dawson, orphan daughter of Ephraim and Eleanor (Buckingham; Dawson, of Virginia, and by her had ten children, of whom seven survive. Shortly before his death, his wife having died, he married Margaret Chafer, of Franklin County, and by her had one child-now deceased. Mr. Freeman was a man of much natural ability, a good lawyer, a keen observer. and a ready speaker. By his witty salhes, for he was a perfect wag, he ingratiated himself into the hearts of a large circle of friends, by whom he was always welcomed as a genial friend and an entertaining companion.

Hon. Henry V. Smith, the nestor of the Madison County bar, was born at Whitestown, Oneida Co., N. Y., April 6, 1814. His ancestors were from Great Britain, and located in Massachusetts and Connecticut at an early day in our colonial history. He was educated at the common schools principally. although he attended the academy at Champion, and the Rensselaer (Oswego) Academy in New York. When he was three years old, his father, who was a farmer, moved to Jefferson County, N. Y. Henry was reared on a farm, working in the summers and going to the common schools in the winters. His leisure time was spent in study and reading while on the farm. In May, 1838, he emigrated to Ohio, and stopped at Circleville. In June. following, he commenced the study of law with H. A. Hedges, Esq., with whom he remained about one year. He completed his study of law with G. W. Doane, Esq. In June, 1840, he was admitted to the bar by the Supreme Court, at Delaware, Ohio. Shortly afterward, he settled at London, where he has since resided and engaged in the practice of his profession. He was elected Prosecuting Attorney in the fall of 1840, in 1842 and in 1844, thus holding the office for six consecutive years, the

410 - HISTORY OF MADISON COUNTY.

last term expiring in 1846. In 1856, he was appointed to fill a vacancy in the same office by the court ; in the fall of 1860, he was again elected thereto for two years, and yet again in 1864. The duties were performed by him during all that time to the satisfaction of the court and the people. His business in his profession has been extensive and lucrative; he has acquired a competence and, raised a large family. He commenced life poor, without money or friends, but he soon acquired both, by energy and perseverance. In his politics, Mr. Smith belonged to the old Whig party as long as it lasted, and in 1856 he became a member of the Republican party, and has always remained a consistent and active member of that party to the present time. In the fall of 1848, he was elected to represent Madison, Clark and Champaign Counties in the General Assembly of Ohio, and re-elected in 1849. During his legislative service-the winters of 1848-49 and 1849-50-he was an active and useful member, and originated and carried through a great reform in the law of evidence. Prior to that time, by the law of evidence, neither parties in an action at law, nor any person, having any pecuniary interest in the event of a suit, could be witnesses. The law seemed to be based on the theory, that a witness who had a pecuniary interest, large or small, in the event of a suit, would be tempted to, and often would, commit perjury, etc. Mr. Smith, early in the session of 1848-49, introduced a bill " To improve the law of evidence," providing that parties to actions at law might call each other as witnesses, and that a pecuniary interest in the event of a suit should not disqualify a person from being a witness. The bill, after its second reading, was referred to Mr. Smith and the Hon. George E. Pugh, as a select committee. On February 21, 1849, Mr. Smith, of said committee, made an elaborate report on the bill, which was ordered to be printed. (The report is found in the "Appendix to the House Journal," session of 1848-49, page 185.) This proposed reform was so bold and radical, in striking down rules, venerable for their antiquity, that many members hesitated, although the report in favor of said measure was unanswerable and absolutely convincing. Finally, it was proposed, in order to give the bar time for reflection and consideration, to postpone the measure till the next session, which was done. During the next session, 1849-50, the measure was passed into a law with remarkable unanimity (vide Vol. XLVIII, page 33, session laws of 1849-50). This was a great advance in law reform. This remained to be the law till the adoption of the Code in Ohio, when the same principle was carried into the code, extending a little on one point by allowing parties to volunteer as witnesses. In the session of 1848-49, Mr. Smith introduced a bill to amend the law of descents, by providing that husband and wife, in default of children. should be heirs to each other. Prior to that time, and for a short time after. the act regulating descents postponed the heirship of husband and wife to the last degree before property escheated to the State. The bill was referred to Mr. Smith as a select committee, and on the 24th of February, 1849, he made an exhaustive report thereon, which was ordered to be printed. (This report is in the "appendix to the House Journal," for 1848-49, page 198.) This bill did not then pass ; and as it proposed such a radical change in the rules of descent, a great many of the members were afraid to support it, not because it was not reasonable and equitable, but because it was a great innovation; the seeds were sown, however, and produced fruit in due time. In

HISTORY OF MADISON COUNTY. - 411

the session of 1851-52, the principle was adopted, and ever since that time husband and wife, in default of children, have been heirs to each other. At the same session, Mr. Smith introduced a bill to punish the stealing of a will, after the death of the testator, or a testamentary paper before his death. The bill was enacted into a law February 23, 1849 (vide S. and C. " Statutes," Volume II, page 1632). Thus was a great omission in the criminal law of the State of Ohio very efficiently supphed. In the fall of the year 1853, Mr. Smith was elected to the Senate of Ohio, from the district composed of Madison, Clark and Champaign Counties. He made a useful and active member, and assisted in enacting a large amount of useful legislation, including the liquor law, the ten per cent law, the fee bill, etc., etc., and aided in reforming abuses and in reducing taxation. He discovered, at the end of his term in the Senate, in the spring of 1854, that he could not live very high, and support his family by going to the Legislature (as many more have before and since discovered), and he determined to abstain therefrom in the future, and to devote his time exclusively to his profession. This determination he rigidly adhered to until 1864, when he was nominated and elected a Presidential Elector by the Republicans, when the Hon. A. Lincolin was a candidate for re-election to the Presidency. He met the Electoral College of Ohio at the Capital of ,he State, in 1864, and voted for Abraham Lincoln for President and Andrew Johnson for Vice President of the United States. In the spring of 1865, he aided in establishing the Madison National Bank of London, and was elected its President. He served in this position for about two and a half years, then sold his stock and invested the proceeds in land. In 1870, he was appointed Assessor of Interval Revenue by President Grant, and confirmed by the Senate of the United States, for the Seventh Collection District of Ohio, and he held the office for nearly three years, when the taxes having all been taken off by Congress except on whisky, beer and tobacco, the Assessors of Internal Revenue were abolished by Congress. During Mr. Smith's term as Assessor, nearly $2,000,000 internal revenue per year was raised in this district, comprising the counties of Franklin, Madison, Greene and Clark. He administered the office prudently and honestly, and to the satisfaction of the Government and the people. He supported the war of 1861 strenuously, but did not go into the service, as he was over the military age when the war commenced. He did, however, go into the service for ten days, at Camp Chase, during the Morgan raid, as Captain of a company. In 1876, he was selected as the delegate from this Congressional district to the National Republican Convention at Cincinnati, and assisted in nominating Gen. R. B. Hayes for President. He was married at Whitestown, Oneida Co., N. Y., in June, 1844, to a most estimable lady, Miss Jennette Smith. She is a descendant of the celebrated Otis family, of Revolutionary memory, in Massachusetts. She has been a model wife, and an ornament to her sex. Mr. Smith is still hale and vigorous, and stands a fair chance to live beyond the allotted age of man. Mr. Smith and wife have been blessed with ten children, five of whom survive. They are as follows : Ellen A., wife of W. S. Squires, of Squires and McCollum, grocers, London ; Mary G.. wife of G. A. Florence, of Circleville, Ohio ; Luke D.. a farmer of Deer Creek Township, who married Grace Mayne, of Council Bluffs, Iowa ; Palmer C., an attorney at law,

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and ex-Prosecuting Attorney of Madison County, who married Bertha. daughter of Hon. George W. Wilson, of London, and Benjamin. F., on the farm with his brother, Luke D. During the summer of 1882, Mr. Smith and his wife made the tour of Europe, and visited Scotland, England. France, Switzerland, Italy, Prussia and Germany, escaping all the dangers, of the sea and land, and arrived home in October, 1882.

Charles Harrold, a native of Stokes Township, this county, came here soon after Mr. Smith. He studied law at Springfield; was admitted to the bar, and in 1842-43 was in partnership with Samuel N.Kerr. He subsequently quit the profession, and engaged in farming. He was a cripple, and prior to his entering the legal profession, followed school teaching.

In 1843, Z. T. Fisher, a one-armed man, and a native of Delaware County, Ohio, where he had read law and been admitted to practice, came to London. He was here married to Jemima Jones. daughter of Barney Jones. From 1847 to 1851, he was Prosecuting Attorney of Madison County, and represented the county in the Ohio General Assembly in 1852 and 1854 ; but soon after the latter date removed to Iowa, where he continued the practice of his profession.

Hon. Richard A. Harrison was born April 8, 1824, in the city of Thirsk,Yorkshire Co., England, where his parents then resided. In the spring of 1832, the family removed to the United States, and settled in Clark County, Ohio. He was educated in the common school, the Republic printing office. and in an academy under the charge of Rev. Chandler Robbins, Springfield, Ohio. He was obliged, on his arrival at twelve years of age, and until he commenced the practice of the law, to earn by daily labor as a typographer, the means requisite for his support and education. He studied law in the office of Judge Rodgers, Springfield, Ohio; graduated from the Cincinnati Law School April, 1846, and was admitted to the bar May 23, 1846, at a term of the Supreme Court, on the circuit held at London, Madison County, by Judges Hitchcock and Wood. He at once began the practice of the law in London. He was married, December 25, 1847, to Maria Warner, daughter of Henry Warner, of Madison County, and in the spring of 1848, he commenced a circuit practice, which he has ever since kept up. He was a member of the Legislature, from Madison County, during the sessions of 185859 and 1859-60, and served on the Judiciary Committee ; was a member of the Senate from the district composed of the counties of Madison, Clark and Champaign, during the sessions of 185''-60 and 1860-61, serving as Chairman of the Judiciary Committee, and President, pro tern., of the Senate ; was elected a Member of Congress from the district composed of the counties of Madison, Fayette, Clinton, Warren and Greene, at a special election held in May, 1861, to fill the vacancy caused by the resignation of Gov. Corwin upon his appointment as Minister to Mexico ; served during the special session held in July, 1861, and until the expiration of his term, March 3, 1863. He was nominated for Judge of the Supreme Court in 1870, but was defeated with the rest of the State ticket at the ensuing election. In January, 1876, he was appointed and commissioned by Gov. Hayes a member of the judicial commission, provided for in the amendment, of Article IV, of the Constitution of the State, but he declined the appointment. In the spring of 1873, he formed a partnership with Joseph Olds, who had just retired from the Common Pleas bench, and removed to Columbus in the

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spring of 1874. His son-in-law. air. Marsh. is also now a member of the firm of Harrison, Olds & Marsh. Mr. Harrison attributes much of whatever success he has met with to the encouragement and assistance which he received, in his early struggles at the bar, from Judge Rodgers, Judge J. R. Swan, P. B. Wilcox, Judge N. H. Swayne and John W. Andrews. Mr. Harrison ranks as one of the best lawyers in the State ; he is not only learned in the books, but presents his cases with great force to the court and jury. His reputation has extended his circuit practice all over the State, and in the Supreme Court he is engaged, on one side or the other, of many important cases. His success in the Boesel Railroad cases, reported in Granger's Supreme Court reports. established his eminence as a lawyer on constitutional questions, while at the same time it saved the people from the imposition of an oppressive system of taxation, that would yield no return. Mr. Harrison furnishes another example of the fact that a lawyer who desires to rise to the head of this honorable profession must subordinate every other consideration to the law, which is a jealous mistress and brooks no rival. One of the early students of Mr. Harrison was James S. Jones, a native of London, born July 31, 1830. He was admitted to the bar in 1853, and was Prosecuting Attorney of Madison County in 1854-55. His parents were William and Elizabeth Jones, natives of Tennessee, who settled at London in 1814. Soon after the expiration of his term as Prosecutor, he removed to Lincoln, Ill., where he engaged in teaching school and the practice of his profession, the latter not proving sufficiently remunerative to support him. He returned to London during the exciting period of the war, and thence went to Champaign City, Ill., where he was married to Eliza. daughter of Dr. Robert Houston, one of the pioneer physicians of Clark County. Ohio, who practiced at South Charleston, where Mrs. Jones was born, subsequently removing with her father to Champaign . County. Ill. Mr. Jones has since continued to follow the legal profession at that place.

John R. Montgomery was born in Richland County, Ohio ; came to this county in 1855, and was soon after admitted to practice. He was Prosecuting Attorney of Madison County from 1858-60 ; here married Josephine T. Edwards, and about 1861 removed to Little Rock, Ark., became Attorney General of that State, and continued in the practice of the law until a few years ago, when he removed to .Jacksonville, Ark., purchased a a plantation, and engaged in farming. He was an ardent Republican, and a fair lawyer.

Col. J. C. McCloud, of McClouds & Converse. attorneys at law. London, and a prominent member of the Madison County bar, was born in Union County, Ohio, February 15. 1829. He is a son of Curtis McCloud. a native of Vermont, and grandson of Charles McCloud, who emigrated from Vermont to Worthington, Franklin County, Ohio, in 1808. Curtis McCloud subsequently settled in Union County, and about 1839 located on a farm in Darby Township, this county, three miles west of Plain City. He was a farmer by occupation, and resided there till his death in December, 1863. He married Elizabeth Cutler, also a native of the Green Mountain State," and a daughter of John Cutler, who came to Ohio in 1815. Eight children were sent to bless this union, five living, our subject being the only one in Madison County. Mrs. McCloud departed this life in 1880. Col. McCloud came to Madison County when about ten years of age. He

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received a fair education in the district schools, and, after reaching his majority, attended the Ohio Wesleyan University at Delaware. He assisted his father on the farm, and subsequently taught school for a short period. He read law with R. A. Harrison, a prominent attorney of London, now residing at Columbus, and was admitted to the bar in January, 1857. He immediately formed a law partnership with Mr. Harrison, the firm being known as Harrison & McCloud, until April, 1859, when it was dissolved. He has subsequently been in partnership with Emery Smith, George W. Burnham, Martin O'Donnell, R. H. McCloud. and, on March 9, 1881, the present firm, consisting of J. C. and R. H. McCloud and O. P. Converse, was formed. He was married, in 1854, to Elizabeth Winget, a native of this county, and reared by a cousin of her father, William Winget, of Union County. Mr. and Mrs. McCloud have been given five children, four living -William Mc., R. H. (of McClouds & Converse), Luther and George. John is deceased. Mrs. McCloud is a member of the Presbyterian Church. Col. McCloud is well and, favorably known to every person in Madison County, and his success in law practice has been steady and firm. He was Chairman of the County Republican Central Committee for sixteen years. but was never an aspirant for office of any kind. He is recognized as one of the best jury lawyers at the bar, and his citations of law and fact are looked upon as being always correct. To be a lawyer, in the highest sense of that term, has ever been his aim, and the undoubted success he has met with in the practice of his profession, while at the same time he has won and retained the confidence of the people of Madison County, is the strongest evidence that his dealings with his fellow-man have at all times been straightforward, upright and honorable.

Robert Hutcheson and John L. McCormack, both read law with R. A. Harrison, and were admitted to the bar in 1857. Mr. Hutcheson was born in the northern part of Madison County, was a fine scholar and a bright lawyer. In 1860-62, he represented this county in the Ohio Legislature, and upon the expiration of his term was married, subsequently removing to New Orleans, and was appointed Attorney General of Louisiana. He is now residing at Washington, D. C., in the practice of his profession. John L. McCormack was born in London, Ohio, December 15, 1836, and is a son of Thomas McCormack, a life-long resident of this county. Immediately after his admission to the bar he was nominated on the Democratic ticket for Prosecuting Attorney, and elected in the fall of 1857. He occupied the office in 1858, then resigned and removed to Iowa, where he has since resided. He was married, in this county, to Miss Ella Crain, and is said to have been a promising young lawyer.

Benjamin F. Montgomery came from his home in Richland County, read law in his brother's office at London, was admitted about 1860, and formed a partnership with John R., which continued during their residence here. He married Elizabeth Riddle, of Union County, removed to Michigan, and from there to Utah Territory, where he engaged in mining speculations and became very wealthy. Like his brother, he was an ardent adherent of the Republican party.

Emery Smith was born in Delaware County, Ohio, April 9, 1838, and in 1844 removed to Canaan Township, of this county, where he received the benefit of a common school education. In 1856-57, he attended Oberlin

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College ; thence, in 1858, he went to the Cleveland Law College, graduating in the spring of 1860, and was immediately admitted to the bar by the Supreme Court, at Columbus. On the 16th of August, 1860, he came to London, and formed a law partnership with Col. J. C. McCloud, which lasted about seven years, when it was dissolved and he continued alone. He subsequently was in partnership with John J. Bell, B. H. Lewis and D. C. Badger, respectively, but since the dissolution of the last partnership, has practiced alone. He was married to Sarah McClimans, daughter of James and Margaret -McClimans. of Madison County. She lived but a few months after her marriage, and he was subsequently united to Frances McClimans, a sister of his first wife, who has borne him one son, Forest. Politically, Mr. Smith is a Republican, and in 1861 enlisted in Company C, Seventeenth Regiment, Ohio Volunteer Infantry, for the three months' service. After the expiration of that term, he was appointed Deputy Provost Marshal of the Seventh District, which he held until the close of the war. He has been Mayor of London one term, and is a well-read lawyer, who obtains a fair share of the law business of Madison County.

Robert M. Hanson, a native of Madison County, born April 14, 1837, was for a short time a member of this bar. He was educated in the common schools of the county, and Miami University at Oxford, Ohio. He read law with Henry W. Smith, and was admitted to the bar early in 1861. In April of that year, he went into the army and served throughout the war. In the fall of 1865, he returned to London, and was elected to represent Madison County in the Ohio Legislature. During this time he practiced his profession in London, but in 1869 he was appointed b President Grant, Consul to Bremen, returning to the United States in December, 1870, on account of poor health from wounds received during the war, and on the 29th of February, 1871, was married to Miss Kate Williams. In March, he again set sail for Bremen, but was destined to never again see his native land. His health continued to fail while in Europe, and in August, 1873, he embarked for home, but died September 14, ere reaching Tew York. A fuller sketch of Capt. Hanson will be found in the biographical department of this work.

Judge B. F. Clark, Cashier of the Madison National Bank, and a life resident and well respected citizen of this county, was born in Deer Creek Township, October 23, 1829, in the neighborhood familiarly known as "Limerick," and where the first term of court was held in -Madison County. His father, Franklin Clark, was a native of Massachusetts, and a trunk maker by trade. While a resident of the township, he served as Justice of Peace for many years. He was twice married. By his first wife he had three children, probably none now living. His second wife was Narcissis (Babcock) Newcomb, widow of William Newcomb. Our subject was their only child. The father died in October, 1843, aged sixty-five years, and the mother in March, 1874, aged eighty-two years. When fourteen years of age, Judge Clark went to Urbana, Champaign Co., Ohio, where he learned carriage-trimming and harness-making, following these two trades for twelve years at Urbana and Columbus, and eight years after locating in London. He was appointed to the position as Postmaster of London by President Franklin Pierce, serving in that capacity for a period of six years. He was then elected Probate Judge of -Madison County, holding the

418 - HISTORY OF MADISON COUNTY.

office for six years. During this time, he studied law, and on February 22, 1864, was admitted to practice by the Supreme Court of Ohio. He opened an office at London, and remained in the practice of his profession until July 1, 1870, when he was appointed Teller of the `Madison National Bank. He accepted the position, acceptably filled it until October, 1880, when he was made Cashier. Judge Clark is a member of Chandler Lodge, No. 138. and Adamran Chapter (Masonic), and Madison Lodge, No. 70, and London Encampment, No. 126 (I. O. O. F.). He has always evinced a deep interest in religious matters, and for twenty years has served as Elder in the Presbyterian Church at London. In 1870, he was a delegate from the Columbus Presbytery to the General Assembly, which met at Philadelphia, Penn., and which was the first union of the Northern and Southern branches of the church after the close of the war. Judge Clark has ever voted the Democratic ticket, and was serving his second term as Mayor of London when he resigned to accept the position offered him in the bank. He was married, in August, 18-50, to Rachel Jones, a native of this county. Two children were given them, one living-Job J.. an insurance agent of London. The elder son, Quinn, died in 1879. Mrs. Clark is also a member of the Presbyterian Church.

George W. Wilson, of the law firm of Wilson & Durflinger, London, was born at Brighton, Clark Co., Ohio, February 22, 1849. He is the third son of Washington and Mary A. Wilson. His parents are natives of Ohio. and now reside in Springfield. Washington Wilson is a retired farmer of considerable wealth, and highly respected by all who know him. He is a son of Michael Wilson (deceased), who was a brother of Valentine Wilson (deceased), late of Madison County. Mary A. Wilson is a daughter of William Foreman (deceased), late of Clark County, Ohio. Washington and Mary A. Wilson had eleven children, named, respectively, Michael. William J., George W., Harrison, John, Addison, Nancy T., Luther, Harriet F., Mary A. and Flora Etta, all of whom are living, except Luther. George W. Wilson, the subject of this sketch, was brought up on his father's farm until he was eighteen years of age, when he was sent to Antioch College. Yellow Springs, Ohio, where he remained three years. During this time, that institution was presided over by Horace Mann, and after his death by Dr. Thomas Hill, subsequently President of Harvard College. In the year 1861, Mr. Wilson commenced the study of law in the office of Hon. R. A. Harrison, of London. In August, 1862, he enlisted in the Ninety-fourth Regiment Ohio Volunteer Infantry, and was afterward commissioned respectively Second and First Heutenant in the regiment. On the 2d of July, 1864, he received a commission from the President as First Heutenant in the First Regiment of United States Veteran Volunteer Engineers, the only organization of the kind in the service. About the close of the war, he was appointed Captain of Company L, of that regiment, but never received the emoluments of that rank. He was mustered out of the army about October 1, 1865, the services of his regiment being no longer required. After the war, Mr. Wilson resumed his studies in the office of his preceptor, and was admitted to the bar on August 7, 1866. In the October following, he was elected Prosecuting Attorney of 'Madison County for a term of two years. At the expiration of his term, he was re-elected to the same office for another term. In October, 1871, he was elected to the

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House of Representatives of the General Assembly of Ohio, and served in that body two years. In October, 1877, he was elected a member of the Ohio Senate from the district composed of the counties of Champaign, Clark and Madison. He has also held several minor offices of honor and trust. He is a member of the Presbyterian Church, and the Masonic fraternity. Mr. Wilson has always been a Republican, beheving that by means of that party, the best interests of the country would be promoted and preserved. He is a successful lawyer, the firm of Wilson & Durflinger enjoying a large practice, and no member of the legal profession has a better standing at the Madison County bar than the subject of this sketch. Before going to the army, Mr. Wilson was married to Miss Martha L. Rice, of Yellow Springs, Ohio. They have three children-Bertha J., William R. and Fannie. Miss Bertha J. was recently married to Palmer C. Smith, Prosecuting Attorney of Madison County. Mr. Wilson has a pleasant home, and, while devoted to his profession, takes time for social intercourse with his friends and neighbors.

Otis C. Smith, a deceased member of the bar of Madison County, Ohio, was born in London, in said county, on the 29th of September, 1845. After graduating from the London schools, he prepared himself for college under the tuition of Rev. C. W. Finley; entered the Miami University, and graduated therefrom in 1866. He studied law with his father, Hon. H. W. Smith, was admitted to the bar in 1868, and commenced the practice of his profession in Madison County, Ohio, with his father. He was married to Miss Salhe Coons on the 20th of October, 1871. On the 24th of June, 1873, after a lingering illness, he departed this life. He was in good standing as a member of the bar, a kind son and husband, and a good citizen. On the 25th of June,- 1873, a meeting of the bar of the county was held to take action concerning his death. This was the first time in the history of the county that the bar had lost one of its members by the hand of death. Appropriate resolutions were passed, showing the standing and merit of Mr. Smith, as a member of the bar to have been of the first order, as considered by his brethren. The proceedings and resolutions of the bar at that meeting will be found recorded on the journal of the Court of Common Pleas for the year 1873. Mr. Smith was also a member of the Lodge of I. O. R. M., which lodge passed appropriate resolutions concerning his death.

Sylvester W. Durflinger, of Wilson & Durflinger. attorneys at law, London, was born near Jefferson, in this county, April 20, 1836. His father, Philip Durflinger, was a native of Ohio, and located in Madison County at an early day. He died about 1839. He was united in marriage to Mary Lilly, a native of Ross County, who bore him two children - Philip, a farmer of Jefferson Township, and our subject. Mrs. Durflinger subsequently married Samuel T. Pearce, an old an honored resident of London, whose sketch appears elsewhere in this volume. S. W. Durflinger was the oldest of two children, and was reared on the old homestead. He received a fair education in early years, and at eighteen years of age entered the Ohio Wesleyan University at Delaware, graduating in 1860. Soon after this date, he came to London, and commenced the study of law with R. A. Harrison, an able attorney, now a resident of Columbus. Mr. Durflinger remained with Mr. Harrison six months, and then removed to

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Bloomington, Ill. In the fall of 1861 he enlisted in Company A, Thirty-third Regiment Illinois Volunteer Infantry, as a private. He served nearly four years, being once wounded in a railroad accident, while in Louisiana. He was honorably discharged in July, 1865, and soon after returned to this county. In the summer of 1866, he was nominated by the Republican party for the office of Recorder, and elected the ensuing fall. He served his constituents in this position for a term of three years. During this period, he employed his spare time in reading law and was admitted to the bar in 1869. He immediately formed a law partnership with George W. Wilson, under the firm name of Wilson St Durflinger, and the firm has remained such to the present. Both members are able attorneys, and enjoy a large share of the legal patronage of Madison County. Mr. Durflinger served as Prosecuting Attorney of Madison County, in 1871-74, is politically a Republican. is a member of the Board of Education of London, and holds a position as Trustee in the official board of the M. E. Church. He is connected by membership with Chandler Lodge, No. 138, Ancient, Free and Accepted Masons. Mr. Durflinger was married, October 17, 1867, to Eliza J. Silver, a native of this county. Two children were given them-Mary K. and Annie L. Mrs. Durflinger departed this life May 22, 1878. Mr. Durflinger was again married, in the fall of 1879, to Mary A. Flannigan, a native of Brooklyn, N. Y. They have one child-Florence.

John Fletcher Chapman was born in Madison County, Ohio, November 8, 1843, and was a son of James and Mary Ann (Chapell) Chapman, natives of Virginia. Fletcher, as he was always called, grew to maturity in this county, and was self-educated, never having attended school but three months in his life. In the fall of 1862, he enlisted in the One Hundred and Thirteenth Ohio Volunteer Infantry, and served until the war closed, being mustered out at Louisville, Ky., with the balance of his regiment. He was an ardent Democrat all his life. Upon the close of the war, he bean to read law in the office of Col. J. C. McCloud ; was admitted to the bar in 1869, and practiced his profession until his death, December 7, 1879, leaving his widow, Clara B. Chapman, with two children, all of whom reside with her father, James B. McCarty, of Xenia. Mr. Chapman enjoyed a fair practice. and is kindly remembered by the bar of the county. Bruce P. Jones, Mayor of London and attorney at law, was born in this village May 9, 1843. His father, Job K. Jones, was a member of the Jones family of the eastern part of Tennessee, where he was born November, 1811, and accompanied his father, William Jones, to this county in November, 1814. He located in London, where he resided till his death, April 4, 1877. At that time, he had 813 acres of land in Union and Deer Creek Townships, which he had owned for many years. He married Miss M. C. Custer, a native of Rockingham County, Va., who accompanied her father, Paul Custer, to this county about 1822. She died in January, 1874. They were the parents of nine children, six now living. Two sons were in the late war. Jasper enlisted in Company K (Capt. Hanson's), Ninety-fifth Regiment Ohio Volunteer Infantry ; was taken prisoner, and confined in the Andersonville Prison, Georgia. After release, died at Wilmington, N. C. The other son, Berthier W., enlisted in Company D, Fortieth Regiment Ohio Volunteer Infantry, and died in the hospital at Franklin, Tenn.

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The subject of this sketch obtained his early education in the London High School, and subsequently attended Miami University at Oxford, Butler Co., Ohio. He studied a term of five years, and graduated in the regular course in the class of '68. He commenced the study of law with Col. J. C. McCloud, of London. He was admitted to practice at the December term of the Ohio Supreme Court, in 1869, and to the United States Court, at Leavenworth, Kan., in 1874. He removed to Ottawa, Kan., and practiced five years with fair success. He was Police Judge two years, and City Attorney two years. In 1875, he came back to London, and has since practiced his profession. Mr. Jones has always advocated Republican principles. In December, 1880, he was appointed Mayor by the Village Council, and elected the following April to fill an unexpired term. He was re-elected in 1882 for a full term. Mr. Jones is a member of the Masonic fraternity, and connected with Chandler Lodge, No. 138, of London.

B. H. Lewis, a well-known attorney at law of London, was born at Jefferson, this county, August 1, 1839. He is a son of George W. Lewis, a farmer, and grandson of Philip Lewis, one of the early settlers of the county, who assisted in laying out London, and who represented this district in both Houses of the General Assembly of the State. He first attended school in Jefferson, and subsequently became a student in the London High School, where he remained until he attained the age of eighteen years. He then passed a year as clerk in a warehouse in London, and afterward taught school for three terms of four months each. During the late civil war, he enlisted in the Ninety-fifth Regiment Ohio Volunteer Infantry, August 14, 1862, and was an Orderly Sergeant, and afterward Sergeant Major of the regiment. He served in that command for the full term of three years, being honorably mustered out in August, 1865. In the autumn of the same year, he was elected Sheriff of Madison County, and re-elected in October, 1867, serving four years in that office. During this time, he was also Deputy United States Marshal for Madison County, under Gen. A. Hickenlooper, Marshal of the Southern District of Ohio. After his term as Sheriff had expired, he commenced the study of law, and was admitted to the bar May 12, 1872. He opened an office in London, and practices his profession in Madison and adjoining counties. In April, 1875, he was elected City Attorney of London for a term of two years. Mr. Lewis' progress, so far in life, is entirely due to his own energy and perseverance, combined with unremitting patience and industry, never having received assistance from any source whatever. He was united in marriage, October 14, 1875, to Nannie, daughter of A. Dunkin, of London (and a grand-daughter of Simon Kenton), a prominent stock-raiser and dealer of Madison County.

Hon. John F. Locke, attorney at law, London, and Representative to the Sixty-fourth and Sixty-fifth Sessions of the Ohio Legislature from Madison County, was born in Somerford Township August 12, 1848. His father, John B. Locke, is a native of West Virginia, and located in Madison County in 1836. He has been engaged in agricultural pursuits through life, and now resides on the old homestead in Somerford Township, consisting of 300 acres of valuable land. He was married in this county to Louise Morris, a native of Adams County, Ohio. They are the parents of six children, all living. Both parents are living, father sixty-eight years of age and mother fifty-four. Our subject is the eldest child, and resided on the farm till

422 - HISTORY OF MADISON COUNTY.

eighteen years of age. In 1865, he entered the Ohio Wesleyan University of Delaware, graduating in the class of '70. He immediately commenced the study of law with R. A. Harrison, of London, and was admitted to the bar in March, 1873. He commenced the practice of his profession alone, and has continued successfully, with one exception, to the present time. Mr. Locke has always been an advocate of Republican principles, and in 1873 was elected City Solicitor of London, serving two years. In 1875, he was elected Mayor of the village to fill a vacancy. In 1876, he was elected Prosecuting Attorney of Madison County, and re-elected in 1878. In 1879, he was the Republican nominee from this county, for Representative, and though the county was close on party votes, yet he was elected. His services were well appreciated, and in 1881 his constituents once more elected him to the same position. In his official duties, Mr. Locke has been governed by no partisan views, but has endeavored to assist in creating and voting for those measures which be beheved would tend to promote the best interests and prosperity, both in a moral and financial way, of his constituents and the State at large. He is a member of Chandler Lodge, No. 138 (Masonic), of London. and a Master Mason. He was united in marriage, in 1876, to Sally E. Waite, a native of New York. There was one child given them, a daughter named Gertrude. Mrs. Locke departed this life, June 29, 1877. Mr. Locke is a suave, pleasant gentleman, who by his genial manners has won hosts of warm friends.

John J. Bell was admitted to practice about 1873, and in the spring of 1874 came to London from Greene County, Ohio. He served throughout the war in a regiment from that county, and upon coming to London formed a partnership with Emery Smith, which lasted until his election as Prosecuting Attorney in the fall of 1874. He held that office two years, and is said to have been a bright young lawyer. He married Susan Pepper, and in March, 1879, left for Texas, thence removed to New Mexico, where be is now engaged in the practice of the law and publishing a newspaper.

George W. Burnham, a native of Champaign County, Ohio, removed to Iowa, with his parents, in childhood ; there grew to maturity and graduated from the Agricultural College. He returned to Ohio, and began reading law in the office of Col. J. C. McCloud, of London. In the spring of 1873, he was admitted to the bar by the Supreme Court at Columbus, and immediately entered into partnership, with his preceptor, under the firm name of McCloud & Burnham. This continued until November, 1874. anal soon afterward Mr. Burnham went back to Iowa, where he is now residing.

James M. Horrell was born in Madison County, Ohio, December 3, 1829, and is a son of Christopher C. and Rebecca (Skiles) Horrell, natives of Pennsylvania. Mr. Horrell was raised in Pleasant Township, receiving his education in the common schools, and subsequently taught school five years. He served as Justice of the Peace in Range Township six years. during which time he began reading law. He was admitted to the bar before the Supreme Court at Columbus, October 22, 1874, and afterward studied for one year under John J. Bell, of London, since which time be has been following the legal profession. In politics, Democratic; he has served as Justice of the Peace one term since locating in London.

Orson P. Converse, attorney at law, was born in Champaign County, near Mechanicsburg, Ohio, May 27. 1842. He was the fifth in a family of

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twelve children, seven of whom are living. His parents, Caleb H. Converse and Lovira L. Ketch, were natives of Vermont, and came to Ohio about 1822. Our subject removed from Champaign County, with his parents, about 1847, to the home farm near Unionville Center, Union Co.. Ohio. His parents still reside there. Our subject lived on that farm, and did general farm work, going to school about three months each year, until 1860 ; he then entered the Ohio Wesleyan University, at Delaware, with the intention of preparing himself for the legal profession. During this time he taught school for a period at $1 per day, "boarding around " with the scholars. When the war commenced, he left his studies, bidding good-bye for the time to his high aspirations for a professional life, and enlisted as a private in Company E, Eighty-sixth Regiment Ohio Volunteer Infantry. He served about four months in all, chiefly in the Virginia. In the spring of 1863, when the regiment was re-organized at Camp Cleveland, for a term of six months, he again enlisted as a private. this time in Company B. When the re-organization of the regiment was completed, he was appointed Orderly Sergeant of his company. He served in this position two months, and then failing health caused him to enter the hospital at Columbus. He was discharged from there on account of general disability, from which he has never fully recovered. On December 23, 1863, he married Emiline Cramer, and went to work on a farm. He sometimes taught school of winters, having very reluctantly given up reading law on account of ill health. In 1869, he accepted the position of ticket and freight agent of the Pittsburgh, Cincinnati & St. Louis Railroad, at Unionville, Union County, which position he held until 1876. During this time, he read law with a cousin, George L. Converse. of Columbus, commencing in 1871. In order to support his family and continue his studies, he taught school four or five months each winter, his wife attending to the duties of the station. He was admitted to practice at the December term, 1874, of the Supreme Court of Ohio, and shortly after located at Columbus. His wife and family still resided at Unionville anti carried on the railroad company's business, with what assistance Mr. Converse could give after office hours. In 1876, he removed to Columbus. where he followed his profession until the spring of 1881, when he formed his present partnership with Col. J. C. and R. H. McCloud, under the firm name of McClouds & Converse. The firm enjoy a very extensive law practice. Mr. Converse resides on Lafayette street with his wife and two sons- Walter and Ebbie. In the fall of 1872. he was elected Justice of the Peace for Darby Township, Union County. declining a re-election three rears later, on account of his law practice at Columbus. He is a Republican anti a member of the Masonic fraternity ; he belongs to no church, although his parents were both connected with the Methodist Episcopal denomination.

Martin O'Donnell, an able and rising attorney of London. was born at Xenia. Greene Co., Ohio, May 7, 1853. He is a son of Manus O'Donnell, a native of Ireland. who came to the United States about 1851, locating at Xenia, where he now resides. He married Onour Berry, also a native of Ireland. They were the parents of ten children, seven living. Mrs. O'Donnell departed this life in April, 1879. Martin is the second eldest, and when he was about five years of age his parents removed to Oldtown, the site of the Shawnee village destroyed by Gen. Clark. in 1780. In

424 - HISTORY OF MADISON COUNTY.

1865, our subject returned to Xenia ; from there he went to St. Paul, Minn., thence to Chicago, Ill., and in the fall of 1866 came back to Xenia. He attended the High School of that town, and on the 9th of January, 1867, removed to London, where he remained six months. For the following three years, he made his home in Xenia and Morrow, engaged at book-keeping. In 1871, he again came to London and entered the employ of Michael Riley, a leading merchant of the town. During this time he commenced to read law, and subsequently completed his studies with Col. J. C. McCloud. On the 2d of March, 1875, Mr. O'Donnell was admitted to the bar and immediately became the law partner of his preceptor. The firm continued as McCloud & O'Donnell for four years ; it was then dissolved by mutual consent, and Mr. O'Donnell has since been practicing alone. He possesses the largest and best law library in the city, and his practice is fully in proportion. His jovial manner, free and ready " mother wit," combined with steadiness of purpose, have won for him hundreds of friends in this and adjoining counties, and have placed him in the front rank among the prominent young attorneys of Central Ohio. He is recognized as a sound judge of law, determined and aggressive in argument, and noted for his quick perception of the legal points involved in a case. Of fine personal appearance, a fluent speaker, and possessing strong common sense, he is sure to discover the weak points in an adversary's plea, and is, therefore, looked upon as a dangerous foe in a legal conflict. He is politically Democratic, and in 1880 was appointed by Judge Courtright (then on the bench) as Prosecuting Attorney of Madison County. He served in that position one year. Mr. O'Donnell was married, in September, 1879, to Katy E. Malloy, a native of Warren County, Ohio. One child was given them-Carrie, now about two and a half years of age. Mrs. O'Donnell was a member of the Catholic Church, and departed this life May 8, 1881.

W. B. Hamilton, attorney at law, was born at Marysville, Union Co., Ohio, November 28, 1855. His father, Hon. C. S. Hamilton, was also a native of Ohio, and an attorney by profession. He died December 22, 1867, being at that time a member of the United States Congress, from the Eighth Ohio Congressional District. He married Louiza Bizant, of Muskingum County, Ohio. They had eight children, six now living. Mrs. Hamilton died in May, 1868. The subject of this sketch is the fifth child of the family, and was educated at Adrian College, Adrian, Mich. After leaving college, he taught school for some time, and then studied law with M. C. Lawrence (since deceased). He was admitted to the bar in April, 1877 and first commenced practice with Judge Lincoln, of London, in the spring of 1878. They were associated together in law practice for two years, since which time Mr. Hamilton has been alone. His efforts have gained for him reasonable success. He is a Republican in politics. He was married, June 13, 1881, to Mrs. Eva Graham, widow of Z. T. Graham. deceased, and daughter of Dr. Toland Jones, of London. Mrs. Hamilton is a member of the Methodist Episcopal Church.

Palmer C. Smith, ex-Prosecuting Attorney of Madison County, and a well-known young lawyer of London, was born in this county April 22. 1857. He is a son of Hon. Henry W. Smith, whose sketch appears in this volume. His mother was Miss Jennette Smith, a descendant of the celebrated Otis family, of Revolutionary fame in Massachusetts. Our subject

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received a good education, and early commenced the study of law with his father. He graduated from the Cincinnati Law School May 8, 1877. and was admitted to practice by the District Court of Cincinnati on the following day. He returned to London, and has since been engaged in the practice of his profession in connection with his father. In April, 1880, he was appointed Mayor of London, to fill out the unexpired term of Noah Thomas, now Warden of the Ohio Penitentiary at Columbus. He was elected Prosecuting Attorney of Madison County, in the fall of 1880, on the Republican ticket, for a term of two years. He resigned his former position of Mayor, in December of that year, to accept the latter one. Mr. Smith was married, in April, 1882, to Bertha. daughter of Hon. George W. Wilson. a prominent attorney of London. Mr. Smith is a member of the Masonic Lodge and Chapter of London.

George B. Cannon, attorney at law, office with Mayor Bruce P. Jones. was born in Pickaway County, Ohio, January 11, 1851. His father, Matthew W. Cannon, was a native of Maryland, and accompanied his parents. Jesse and Margaret Cannon, to Ross County, when a small child. He was a farmer by occupation, and resided in Pickaway County until 1859. when he removed to Madison County, and now resides at Mt. Sterling, in the Seventy-second year of his age. He married Mary A. Lister, a native of Ross County, Ohio, and daughter of William Lister. He was a resident of both Ross and Madison Counties, and a man of great physical endurance ; he diel in 1877, at the remarkable age of one hundred and four years. He lived under the administrations of all the Presidents, up to the time of his death, and walked two miles to cast his vote for Samuel J. Tilden. Mr. and Mrs. Cannon were the parents of twelve children nine living. Mrs. Cannon departed this life February 26. 1872. Our subject was the eighth child of this family and was seven rears of age when his parents removed to Madison County. His educational facilities were rather limited, his time being taken up in assisting his father on the farm until his twentieth year. His principle education was obtained in the hours between farm labor and retiring for the night. When twenty-one years of age. he taught the "Maxey School." in Paint Township, and was engaged in that profession for about eight years. During this time, he commenced the study of law, and in 1874 came to London and entered the law office of R. A. Harrison, and subsequently that of George Lincoln. He was admitted to the bar April 24, 1878, and afterward taught school for one year. Mr. Cannon has met with fair success in his law practice. He is a member of Chandler Lodge. No. 1, Masonic, and the Knights of Pythias. Politically his views are in strict accordance with those of the Democratic party. He once served as Clerk of Paint Township. Mr. Cannon was married. on "Thanksgiving Day" Of 1878, to Laura J.. daughter of John T. Maxey ,deceased. They have two daughters-Mary E. and Georgia B.

Richard Harrison McCloud. was born in London. Ohio. March 11, 1858, and is a son of Col. J. C. McCloud. a leading attorney of the county. Richard H. grew up in his native town. and in 1875. graduated from the London High School. He then spent two years at the Ohio University. read law during his school days in his father's office. and began to read regularly in 1877. On the 13th of March, 1879. He was admitted to the bar at Marysville, Ohio. by the District Court then in session. Prior to this.

428 - HISTORY OF MADISON COUNTY.

on the 1st of March, he had formed a partnership with his father and is now of the firm of McClouds & Converse. Politically, he is a Republican. In April, 1880, he was elected a member of the School Board, being the first graduate of the school who has ever filled the office, and the youngest member ever elected to that position, which he looks upon as an honor to bestow upon so young a man.

D. C. Badger, Prosecuting Attorney of Madison County, was born in Range Township, this county, August 7, 1857. His father, Benjamin Badger, is a native of Fayette County. Penn. He came to Ohio about 1827, locating in Fayette County, and to Madison County in 1845 ; he bought a farm in Range Township, where he has since resided; he owns 110 acres of land, and is one of the prominent farmers of Southern Madison. He married Martha, daughter of Levin Willoughby, an honored pioneer of Range Township. Our subject is the second of five children, four of whom are living. He grew up on the farm and when between fifteen and sixteen years of age, taught school in his native township. He subsequently attended the academy at Bloomingbnrg, Fayette County, and Mount Vernon College. Stark County, Ohio. He afterward resumed teaching in Range Township for nearly four Years. During this time, he read law and was admitted to practice November 4, 1S79, and has since been located at London. Mr. Badger is still a yount; man, but his energy and perseverance bid fair to win him a place among the legal lights of the State. He is Secretary of the Madison County Bar Association, and connected by membership with the Masonic and Odd Fellow fraternities. Politically, Mr. Badger is an ardent Democrat; and in the summer of 1882 was nominated for the office of Prosecuting Attorney of Madison County, and in October was elected by 520 majority, which was one of the largest majorities ever given in this county.

Manus O'Donnell, the youngest attorney at the bar of London, was born at Oldtown, Greene Co., Ohio, and is a brother of Martin O'Donnell, previously spoken of. He attended the Xenia High School, and in December, 1876, came to London, where he has since resided. He read law in his brother's office, and was admitted to the bar in November, 1882. In October, 1881, he was appointed official stenographer of the courts of Madison County, which position he still occupies, and is often employed by the adjoining counties to act in the same capacity.

Among other lawyers who have resided in Madison County were J. T. Lacy and A. F. Reed, in 1852; Lawrence Weldon, in 1854; D. M. Creighton, in 1858; Darius Warner. the present united States Consul at St. Johns, New Brunswick ; George E. Rapp, at one time Mayor of London ; Martin Marshall, and A. Waddel, Jr.; also Charles P. Neal, of Plain City. At the present time there are William P. Andrews, of Plain City ; B. F. Thomas of Mount Sterling; John C. Hayes, of South Solon ; R. S. Leake, of Jefferson ; George Hamilton and F. Webster, of London.

MADISON COUNTY BAR ASSOCIATION.

This association was organized December 2, 1880, and a constitution and by-laws adopted. The following officers were elected and have served continuously to the present time. Col. J. C. McCloud, President ; George W. Wilson, Vice President ; Sylvester W. Durflinger, Treasurer; D. C.

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Badger, Secretary ; John F. Locke, P. C. Smith and Bruce P. Jones, Executive Committee. The association meets annually, also at the call of the President or Executive Committee ; and all members of the Madison County bar, in good standing, are eligible to membership.

The senior members of the bar of Madison County, have, many of them, made up their records : those left are still to follow, and the juniors are to assume their places at the bar and on the bench ; to them will soon be committed these great, responsible trusts. The perpetuity of our free institutions is committed to the guardianship and keeping of the bar and judiciary of our free country, for the history of the world teaches, and all free governments illustrate this truth-treat the subject lightly as you will-that to the profession of the law civil government is indebted for all the safeguards and intrenchments with which the liberties of the people are protected ; that legislation is shaped, constitutions enlarged, amended and adopted by the enlightened administration of the statesmen in all free governments, educated for the bar, and, ascending by the inherent force of their disciplined professional life, they become the directors of the destinies of States and nations. Military chieftains may spring into power ; tyrants may for the hour dazzle, with the glamour of military parade and the pomp of war, an oppressed and frenzied nation ; but they turn as the cannonade dies away, to the statesmanship of the country, and call to the legislative halls for final debate the arbitraments of the liberties of the people.

From the days of King John to the present hour, the bench and the bar have furnished the great majority of the statesmen who have erected the bulwarks of constitutional law, and extorted from tyrants the Magna Chartas which have secured to the oppressed the guarantees of free institutions. Imbued with the historical traditions of their predecessors, tracing the higher paths they have trod, and emulating their good example, it should become more and more the resolute purpose of the Madison County bar to so walk in the light of their professional teachings that when they are called to follow them to that upper court, and file their judgment-roll of the great trial of life with that Supreme Judge from whose bar there is no appeal,

"Thou go not like the quarry slave at night,

Scourged to his dungeon ; but sustained and soothed

By an unfaltering trust, approach the grave

Like one who wraps the drapery of his couch

About him, and hes town to pleasant dreams."