100 - BENCH AND BAR OF OHIO. none in his own battle-line. * * * The political career of Mr. Payne virtually terminated upon his retirement from the United States Senate, of which he had been an honored member for six years. He did not, however, cease to take a lively interest in the important questions which divide the great political parties. He was fond of reading the constitutional history of our country, and the lives of the public men who have been conspicuous and instrumental in shaping the fortunes of the republic. He aimed at mental power and not mental acquisition alone ; and with that in view his literary tastes were severe, and he preferred the great books of the world—the vital books— which have been called the precious life-blood of master spirits embalmed and treasured for all time. * * * He was a charm and ornament of social life ; his urbanity and cordiality of manner, and rare conversational powers, drew around him a circle of warm and admiring friends." SHERLOCK J. ANDREWS, Cleveland. A large proportion of the first lawyers and earliest settlers of Cleveland emigrated from Connecticut. They were men of the best New England type—enterprising, honest, industrious and sagacious ; men broad enough to apprehend and wise enough to avail themselves of the superior advantages offered to settlers in the Ohio division of the Northwest Territory, and especially in the district of New Connecticut, or the 'Western Reserve. Sherlock J. Andrews was a native of New Haven county, Connecticut, born on the 17th day of November, 1801. His father, Dr. John Andrews of Wallingford, was then one of the most distinguished physicians of Connecticut, and in later life became a resident of Cleveland. The subject of this sketch was prepared for college in the excellent academy at Cheshire, in his native State, controlled by the Episcopal Church. He matriculated at Union College, Schenectady, New York, and pursued the classical course, from which he was graduated in 1821. He was at the time not quite twenty years of age, but was a man in maturity of judgment and the learning acquired from books. A key to his character in this early stage of manhood is found in the diary of the great Professor Silliman, of Yale, who employed young Andrews as his private secretary and assistant professor of chemistry. The following brief excerpt will suffice : " He was a young man of vigorous and active mind, energetic and quick in his movements and decisions; with a warm heart and genial temper ; of the best moral and social habits; a quick and skillful penman ; an agreeable inmate of my family, in which we made him quite at home. He continued about four years, serving with ability and the zeal of an affectionate son, without whom I could scarcely have retained my place in the college." While employed by Professor Silliman, Mr. Andrews found time to pursue the study of law in the law school at New Haven, so that when he settled in Cleveland at the age of twenty-four he was qualified for practice. Upon admission to the Bar in 1825, soon after coming West, he formed a partnership with Judge Samuel Cowles, which gave him a business and standing in the profession at once. The fortunate relations between the old practitioner and judge, and the inexperienced but BENCH AND BAR OF OHIO - 101 capable young lawyer, was terminated by the retirement of the former from the active duties of the forum and the office. Soon afterwards Mr. Andrews became associated with the late John A. Foot, in a partnership to which James M. Hoyt was subsequently admitted (in 1837). The firm of Andrews, Foot & Hoyt, which is remembered by many living lawyers to-day, was the best known and most successful of any in northern Ohio for many years. All of its members were endowed with large natural abilities, dedicated to the profession of law. Mr. Andrews was the greatest advocate and orator. His remarkable gift of eloquence brought him into great prominence on the hustings in the campaign of 1840. He was a Whig, actively and earnestly supporting the candidacy of General Harrison for President. His surpassing gifts in political oratory and debate completed his availability as a candidate for political office and he was elected in 1840 to represent the Cleveland district in Congress. The activities of the canvass and close attention to his political duties at Washington, to which the active demands of a large law practice superadded a heavy burden, proved too great a strain on his physical endurance. His health was impaired to such an extent that he felt obliged to decline further public service and limit his professional engagements to the most important cases, in which he continued to act in the relation of counsellor and advocate. In these capacities his practice was maintained until 1848 when he was appointed judge of the Superior Court of Cleveland. His judicial career, in all respects honorable, was terminated by the constitutional convention of 1851, which abolished the Superior Court, largely at his own suggestion. Judge Andrews was a member of that convention and of three of its most important committees—judiciary, revision and temperance. His broad and deep understanding of the law, and of judicial construction, his splendid vocabulary and familiarity with the best English, and his fixed moral principles contributed to make him a most valuable member of the committees on which he served. The records of that body bear evidence of his activity and usefulness in creating and mod cling a constitution so well adapted to the wants of the commonwealth as to have required few material amendments during the almost half a century of its operation. This was proved by the action and results of the convention of 1873, called for the purpose of revision, of which Mr. Andrews was also a member. His nomination for the position by conventions of the two great political parties acting separately is evidence of the high esteem entertained for him in the community and the universal confidence in his fairness and impartiality, his integrity and fidelity. His scholarship, experience, thorough knowledge of the law, and demonstrated ability made him chairman of the committee on judiciary in this body composed of the most eminent and profound lawyers of the State, after he had declined the presidency of the convention tendered by the Republican majority. The interval of twenty-two years between the two conventions had been employed with great success by Judge Andrews in general practice, especially as counsellor and advocate. No lawyer was ever more devoted to his profession, and none ever had a higher, 102 - BENCH AND BAR OF OHIO. purer conception of the sanctity of the obligation assumed upon his admission to the Bar. It is seldom that the various and distinct talents which endow the able pleader, the successful trial lawyer and the great advocate are bestowed so copiously upon any man as they were possessed by Judge Andrews. These existed in due proportion and perfect harmony. All of his pleadings were prepared with scrupulous care and exactness. All of the evidence was examined, weighed and sifted, so as to separate the material from the immaterial ; he counselled wisely in matters requiring fine discrimination and acuteness of judgment ; his argument in summing up a case evinced wonderful power of memory, facility of illustration and that insight into human nature which enabled him to adapt his reasoning to the understanding of a jury in such a way as to secure their sympathy. In forensic discussion he was an especially distinguished member of the very able mid-century Bar of Cleveland, unsurpassed in the West then or since that time. He was dearly beloved by his brethren in the profession and by the community in which he lived so long 7and so usefully. His death took place February 11, 1880. The tributes to his memory, brought out with unaffected sorrow and unfeigned sympathy at the meetings of the Bar association, the city council, the trustees of the public library and the board of education, testify to his abilities and moral excellence, his simplicity, sympathy and great usefulness. In his prime he was accustomed to battle with the giants in the forum—Reuben Hitchcock, Henry B. Payne, Ed ward Wade, F. T. Backus, Governor Reuben Wood, Judge Horace FOOte, Judge S. B. Prentiss, Judge Thomas Bolton, Judge Samuel Stark weather, Moses Kelley and Charles Stetson, all of whom were rated as profound lawyers. Intimate friends and professional associates declare his brilliant intellect, his professional ambition, his thorough study were all dominated by his innate love of right. These qualities made him invincible. All the powers of the orator were among his gifts. As an advocate "all his speaking was guided by the spirit and essence of the law as a science, which mingles itself so intimately and blends so fully with all efforts made in the illustration of facts that they are not to be separated. It is therefore but saying of him as a lawyer, that, having the clearest apprehension of the science of the law, he applied his fund of knowledge to it and to the case in such a manner as we have never witnessed." " He had those qualities of mind and heart which enabled him, by a few well chosen words, almost in a moment to reveal to courts the true meaning of statutes and of legal principles and to juries the path of right and justice. * * * Judge Andrews was a life, and it is in the life that he lived and the influence that life has had and will continue to have upon the lives of others that he was greatest." More severe words of denunciation against wrong never fell from human lips than were uttered by him. With the most scathing sarcasm, with wit and humor, with all the boundless resources of language at his command, he could open the very heart and reveal it to the gaze of all who looked and listened. And yet in all places he was the same genial, kind, good-hearted man. His conscience was pervaded by the spirit of Christianity, which exhibited itself in his daily conduct. As spoken by Judge Dick- BENCH AND BAR OF OHIO - 103 man : " Such was the kindness of his heart that one could hardly leave his presence without being a happier man. And so made up, how could he be otherwise than a man of deep religious convictions ? The charities of life were his ; and living ever in his great taskmaster's eye, under the guidance of revelation, of reason and instinct, he looked forward with unfading hope to that immortality which has been brought to light in the Gospel." In 1828 Judge Andrews married Miss Ursula McCurdy Allen, of Litchfield, Connecticut, whose father was at one time a justice of the Supreme Court of the same State and one of the most celebrated lawyers in New England, and whose brother, Honorable John W. Allen, was among the most prominent settlers of Ohio. Mrs. Andrews was connected with the Wadsworths and McCurdys, famous :in Connecticut, and was a lineal descendant of the old-time governors Wolcott and Griswold, and traced a common ancestry with Chief Justices Ellsworth and Waite, of the United States Supreme Court., and Chancellor Walworth of New York. Judge Andrews left five children, viz., Sarah, Ursula M. (afterwards Mrs. G. E. Herrick, now deceased), Cornelia B., William W. Andrews (a member of the Cleveland Bar, not now in active practice), all of Cleveland, and Mrs. Harriet S. Whittlesey, of Wallingford, Connecticut. JOHN HUTCHINS, deceased, late of Cleveland. John Hutchins was born in Vienna, Trumbull county, Ohio, July 25, 1812. His father, Samuel Hutchins, and his mother, whose maiden name was Flower, were natives of Connecticut and among the earliest settlers in the Western Reserve. Samuel Hutchins came to Ohio first in 1798, and in 1800 drove an ox team from Connecticut to Vienna, where he settled and reared his family of three sons and four daughters. John, the subject of this sketch, was the fourth child. He was educated in the common schools of the county until about twenty years of age, when he continued his studies with a private tutor and subsequently entered the preparatory department of the Western Reserve College. He commenced the study of law at Warren, Ohio, in 1835, in the office of David Tod, afterwards well known as one of Ohio's ablest governors, and was Omitted to the Bar in the fall of 1838, at New Lisbon. After practicing a year he was appointed clerk of the Court of Common Pleas of Trumbull county, in which capacity he served five years. He then resigned and entered the law firm of Tod & Hoffman, which firm became Tod, Hoffman & Hutchins. Afterwards he formed a partnership with J. D. Cox, since governor of the State and member of a President's cabinet, and was his partner at the breaking out of the rebellion. In 1868 he moved to Cleveland and formed a partnership with J. E. and G. L. Ingersoll, under the firm name of Hutchins & Ingersoll. Subsequently he became associated with his son, John C. Hutchins, and 0. J. Campbell, as Hutchins & Campbell.. Later the firm became John & J. C. Hutchins. In 1849-50 he was a member of the State legislature. It was this legislature which provided for the Constitutional convention of 1851. In 104 - BENCH AND BAR OF OHIO. the year 1858 he was elected a representative in the Thirty-sixth Congress, as the successor of Joshua R. Giddings, and two years afterwards he was elected to the Thirty-seventh Congress from the same district. The territory of the district was then changed, and from the new district James A. Garfield was chosen to succeed him. In Congress Mr. Hutchins took an active part in the adoption of advanced measures for the prosecution of the war to suppress the rebellion and abolish slavery, and favored the employment of colored soldiers. He advocated and voted for the abolition of slavery in the District of Columbia, and indeed had espoused the anti-slavery cause as early as the year 1833, and continued an active worker until slavery was abolished. He belonged to the old Liberty party and was mobbed in Trumbull, his native county, for declaring his convictions on the subject of slavery. In an anti-slavery meeting at Hudson, Ohio, about the year 1841, in criticising what he regarded as the pro-slavery attitude of the Western Reserve College, he used language which was distasteful to the faculty and students and was hissed by the latter. In giving the history of the anti-slavery movement in the Western Reserve and the active support of the cause by President Stover and Professors Beriah Green and G. E. Wright, Jr., when connected with the college, he said : " Then, an anti-slavery light blazed from College Hill, but where is that light now ?" The hissing which greeted this utterance continued for 'several minutes, but was finally drowned in cheers. The following remarks of Mr. Hutchins in the Thirty-seventh Congress on the subject of employing colored troops to put down the rebellion are quoted from the American Cyclopedia : " If we can take for soldiers minor apprentices and minor sons, we have the same right to take slaves ; for they are either persons or property. If they are persons we are entitled to their services to save the government, and the fact that they are not citizens does not change the right of the government to their services as subjects, unless they owe allegiance to a foreign government. If colored persons are property we can certainly use that property to put down the rebellion." In Congress he took up the subject of postal reform, introduced a bill and made an able and carefully prepared speech in its favor, in which he advocated a reduction of postage on letters, and a uniform rate for all distances, as well as a uniformity in the rate of postage on printed matter, and in addition especially urged the advantages of the carrier delivery system. These measures, in the advocacy of which he was the pioneer, have since been substantially adopted by the government. Mr. Hutchins received special mention from the postmaster general for his able and persistent efforts to improve the service. As a lawyer Mr. Hutchins occupied a high rank. He was greatly esteemed by the members of the Bar, for the integrity and ability with which he discharged the duties devolving upon him. After the war he was elected (one of three) a member of the Loyal Legion of the third class of the Ohio Commandery, an honor conferred upon civilians for distinguished service rendered their country during the rebellion. He was a member of the Early Settlers' Association, always taking an active interest in the work. The welfare of this association was one of his great pleasures in his declining years. BENCH AND BAR OF OHIO - 105 At the time of his death he was vice-president of the association. He married Rhoda M. Andrews, and by this union he had five children, three sons and two daughters. It is in accordance with the fitness of things that his son, Judge John C. Hutchins, should to-day be the postmaster of Cleveland, and it is natural as well as commendable that the son should take great pride and active interest in carrying out and perfecting postal reforms inaugurated by his father. Another son, Horace A. Hutchins, of New York, is associated with Payne, Rockefeller and Flagler in the Standard Oil Company. He was one of the founders of that great enterprise. The later years of Mr. Hutchins' life were spent in the quiet, dignified practice of his profession, always attentive to his work, and when not able, owing to increasing age, to take that active interest for which he was once noted, he would always be on hand to advise with and direct the younger heads who might be associated with him. He died in 1891, in his eightieth year, with the good opinion of honest men, and the reputation of a friend of freedom and humanity. As a statesman he looked into the future and was guided by principles that endure. JOHN C. HUTCHINS, Cleveland. J. C. Hutchins, postmaster of Cleveland, was born in Trumbull county, Ohio, May 8, 1840. His parents were John Hutchins and Rhoda M. Andrews, both of whom were of English descent, although born, bred and married in Ohio. His paternal ancestors were among the earlier settlers of Connecticut, and his grandfather came to Ohio before the close of the last century. His father, John Hutchins, whose biography appears elsewhere in this volume, was an eminent lawyer and statesman, who probably contributed as much as any other Ohio man toward shaping the destinies of the nation about the beginning of the Rebellion. As a boy John C. Hutchins attended the district schools, afterward the high school at Warren, and later entered Oberlin College; but left college in 1861, when in his Junior year, to enter the Second Ohio Cavalry. He was at once made second lieutenant, and shortly promoted to first, and acting captain. His regiment was ordered to Fort Scott, and was engaged in the hardest of the work on the frontier. In 1863 he met with an accident; was thrown from his horse, breaking his shoulder, and was compelled to resign. In 1864, having partially recovered, he entered his father's office and commenced the study of law. Later he entered the office of Judge Day, who was a judge of the Supreme Court of Ohio. In 1865 he became a student of the law school at Albany, New York, taking his degree of LL. B. in 1866. He was immediately admitted to practice by the New York Court of Appeals. The same year, upon his return to Ohio, he was admitted to the Bar at Canfield, commencing the practice of his profession at Youngstown in partnership with General Saunderson. Returning to Cleveland in 1868, he formed a partnership with his father and Judge Ingersoll, under the firm name of Hutchins & Ingersoll. Four years later he and his father withdrew and formed the firm of John & 106 - BENCH AND BAR OF OHIO. J. C. Hutchins. In 1877 he was elected prosecuting attorney, serving one term of two years ; again in 1879 he took up the general practice under the firm name of Hutchins, Campbell & Johnson. In 1883 he was elected judge of the Municipal Court, serving four years. At the end of his official term he again resumed general practice, but this time alone. In 1892 he was elected judge of the Court of Common Pleas, but resigned in 1895 to accept the postmastership of Cleveland. The President, Mr. Cleveland, being a personal friend, and knowing the ability of Judge Hutchins, and no doubt mindful of the fact that his father had been so largely instrumental in bringing about the great postal reforms, tendered him the place, which was accepted after careful and serious consideration. Judge Hutchins has already justified the confidence bestowed, demonstrating the wisdom of the President's selection. While in the law his practice was of a general character ; he excelled in the trial of cases more than in any other branch. He was engaged in many important cases; among which three of the most noted are briefly mentioned : McGill vs. The State, 34 Ohio, 228. This was a murder or capital case, which went up from Cuyahoga county Common Pleas Court, and is chiefly notable in that the court reversed the finding of the lower court and granted a new trial for an error that was not discovered by anybody connected with the case until after the verdict was rendered. The finding of the Supreme Court was by a divided court, and the opinion of the court as well as the dissenting opinions are very -exlianWp,p,and„ able, covering forty-six pages of the report. The finding of the court as given is as follows: 1. Where, in a capital case, a person not summoned as a juror personates one who was returned in the venire, sits at the trial and joins in a verdict of guilty, the verdict will be set aside and a new trial granted, it appearing that neither the accused nor his counsel was guilty of lathes. (He was prosecuting attorney in this ease, which is the longest published in Ohio reports.) Railroad company vs. Hutchins, Guardian, 37 Ohio State, 282. This is an important and leading case, in measure of damages, etc. The court decides : 1. A petition by a guardian alleged that his wards were owners in fee simple of a certain woodland, that the timber thereon was cut down and removed by a person unknown and without any authority whatever, and that the same was taken, used and possessed for its own use, and without any authority whatever, by a certain railroad company, which company was afterwards consolidated with another railroad company, etc. Held that on demurrer the petition stated sufficient facts to constitute a cause of action. 2. Where discretionary power to sell lands is given by will to the executor such discretion cannot be delegated. But where an attorney in fact of such executor assumes to make such sale, the subsequent receipt of the purchase money by the executor is an adoption and ratification of the sale, and is equivalent to the exercise of the discretion by the executor himself. 3. A judgment determines the rights of the parties according to the facts stated in the pleadings ; and if, after issue is joined, a change takes place in the rights of the parties it must be shown by supplemental pleadings ; otherwise it should be disregarded. 4. An action for the conversion of chattels, against an inno- BENCH AND BAR OF OHIO - 107 cent purchaser, from a person who had previously converted the property to his own use and had afterwards added to its value by his own labor, the measure of the damages is the value of the chattels when first taken from the owner, whether the first taker was a willful or an involuntary tresspasser.—L. S. & M. S. R. R. Co. vs. Hutchins, 32 Ohio St., 571, approved. (He was of counsel for defendant in this case.) The case of Talcott vs. Henderson, Assignee, et al., 31 Ohio State, 162. This is a leading case on the question as to what constitutes fraud in the purchase of goods on credit. The doctrine as laid down by the Supreme Court is as follows : 1. A contract for the purchase of goods on credit, made with intent on the part of the purchaser not to pay for them, is fraudulent ; and if the purchaser has no reasonable expectation of being able to pay it is equivalent to an intention not to pay. 2. But when the purchaser intends to pay and has reasonable expectation of being able to do so, the contract is not fraudulent, although the purchaser knows himself to be insolvent and does not disclose it to the vendor, who is ignorant of the fact. (He was attorney for the plaintiff in this action.) Judge Hutchins is a most companionable man, a great student of general literature and history. He has a most retentive memory and possesses that delightful faculty of applying his knowledge at the proper time and place. lie has a host of friends and admirers, has always been faithful and just in the discharge of every duty as a judge, clear and forcible in his opinions ; always impartial, knowing neither friend nor foe while on the Bench. He is a man of fine presence, a fluent speaker who is much sought on public occasions where an address is required. He can be counted upon to deliver it in an able and pleasing manner. For twelve years he has been a member of the library board, and for six years its president. In the issue of books the public library is the third largest in the United States. He is a member of the Loyal Legion. In politics he is a Democrat. In 1862 Judge Hutchins was married to Jennie M. Campbell, of Scotch ancestry, a native of New York ; has five children, three boys and two girls. His eldest son is now the assistant postmaster. RICHARD C. PARSONS, Cleveland. Richard Chappell Parsons was born at New London, Connecticut, October 10, 1826. His family was among the earliest and most distinguished in New England. Four of his direct ancestors were graduates of Harvard and preached the Gospel in Massachusetts. His grandfather, Rev. David Parsons, D. D., of Amherst, Massachusetts, married a niece of William Williams, of Connecticut., one of the signers of the Declaration. He was also a cousin of Jonathan Edwards. Mr. Parsons received a liberal education and went to Norwalk, Ohio, in 1845, where he became a student at law. lie was admitted to practice in 1851, and the same year entered into partnership with Honorable R. P. Spaulding, at Cleveland, under the firm name of Spaulding & Parsons. The firm became widely known as among the foremost in the State. Mr. Parsons was elected a mem- 108 - BENCH AND BAR OF OHIO.   ber of the city council in 1852, and in 1853 president of that body. In 1857 he was elected to the legislature, and re-elected in 1859. This last legislature was the first Republican legislature known in Ohio, and Mr. Parsons was chosen speaker. In 1861 he was offered the mission to Chile by Mr. Lincoln, but declined the offer, accepting the position of consul at Rio de Janeiro. He resigned in 1862 and was appointed by President Lincoln collector of internal revenue at Cleveland. In 1866 he was made marshal of the Supreme Court of the United States and served six years. In 1872 he was offered by President Grant the governorship of Montana, or the place of assistant secretary of the treasury, both of which places he declined. He was elected to Congress in 1873. Few men have lived more useful and active lives. In the city council he was the urgent friend of education and was one of the chief originators of the high school. He was chairman of the committee locating the reservoir for the water works, and drafted personally the report which was adopted. In the legislature he was the champion of the repeal of the ten per cent interest law in Ohio, drafted the report organizing the Ohio volunteers, and carried through the legislature the first law authorizing a tax for military support. In a speech of the most moving character he denounced the passage of the bill for destroying the idiot asylum, and secured its indefinite postponement. In Congress he carried a measure providing for the building of a Harbor of Refuge at Cleveland, at a cost of $1,800,000 ; a law for a life-saving station at Cleveland, and a lease to the city of the Marine Hospital for ninety-nine years at one dollar per year. As attorney and agent of the Cleveland Vessel Owners' Association he is said to have succeeded in securing the building of more lighthouses, fog signals, life saving stations, and in helping to deepen more channels on the chain of lakes than any other living person. He was the principal originator of the plan for the removal of Hudson College to Cleveland and was largely instrumental in making the effort a success. His last public service was securing from the legislature the repeal of the law authorizing the building of the city hall upon the public square, which The Leader said was one of the greatest public benefits. For nearly forty years Mr. Parsons was a prominent leader of the Free-soil and Republican parties, and in the early struggles of the Republican party was known as one of the most eloquent and powerful speakers on the stump. During the larger part of this period he was the mouthpiece of his fellow citizens at Cleveland upon all occasions of a public character. He is the father of the plans for improving the outer harbor with modern docks, to provide Cleveland with the simplest and noblest facilities for commerce on the lakes. For three years he contested, for the Lake Shore Railroad Company, the opening of the old river bed, and, in a series of remarkable letters in The Leader, demonstrated the superiority of docks on the outer harbor, and their advantage over any river accommodations. Mr. Parsons is apparently in the active vigor of life, though seventy years of age. He is one of the trustees of the First Presbyterian Church, and also a trustee of the Western Reserve University. Many of his speeches, addresses and writings have been published in book form and read with interest.   BENCH AND BAR OF OHIO - 109   TIMOTHY D. LINCOLN, Cincinnati. Timothy Danielson Lincoln was born in Brimfield, Hampden county, Massachusetts, May 11, 1815, and was the son of Dr. Asa Lincoln and Sarah (Danielson) Lincoln. He was descended on both sides from some of the most honored families of New England. His father, Dr. Lincoln, held several prominent positions in his section of the State, and was highly esteemed both as a physician and as a man of liberal and advanced views. His mother was a daughter of General Timothy Danielson, who was chairman of the Committee of Safety in Western Massachusetts, and otherwise distinguished during the Revolutionary war. General Danielson, dying when his daughter was only twelve months old, his widow, Mr. Lincoln's grandmother, became the wife of General William Eaton, who distinguished himself as commander of the lama forces, acting in conjunction with the United States squadron under the command of Commodore Barron in the war against the Bey of Tripoli, in 1805. General Eaton was affectionately attached to his little step-daughter and spared neither pains nor expense in her education. She died when the subject of this sketch, her son, was fourteen years old. Mr. Lincoln's education commenced in the public schools of his native village and was completed at Wesleyan University, Middletown, Connecticut. He read law for three years and a half with Honorable Charles H. Warren, of New Bedford, Massachusetts. It used to be said of nearly every man of New England that he was either teaching school, had taught school, or was about to do so. Mr. Lincoln made no exception to this rule, but took charge of one of the public schools while he prepared himself for his profession, working regularly sixteen hours a day. Having been admitted to the Bar at New Bedford, Massachusetts, he shortly afterwards, in the fall of 1841, started for the West, and in due time settled in Cincinnati, Ohio, in which place he had neither friends nor acquaintances. One year's study in the State being required before he could be admitted to the Ohio Bar, he remained twelve months in the office of Mr. Charles Fox, who at that time had the most extensive practice in the city, and in 1842 was admitted to the Bar by the Supreme Court of Ohio, then sitting at Zanesville. In the following year he became a partner of Mr. Fox, the firm name being Fox & Lincoln. This partnership continued until 1846, after which, until 1854, Mr. Lincoln practiced alone, rapidly acquiring increased business and a high reputation. From that time until his death on April 1, 1890, Mr. Lincoln was successively associated in partnership with Judge Fayette Smith, James Warnock, Charles H. Stephens, and John Ledyard Lincoln, his son. Mr. Lincoln's practice covered a wide range-. He achieved pre-eminent distinction in admiralty, insurance and patent law, in the law of wills, of real estate and of trusts and commercial law generally. His practise was not confined to the State and Federal courts of Ohio, but frequently required his attendance upon those of neighboring States, while few members of the Bar of Cincinnati have practiced as extensively before the United States Supreme Court and Court of Claims. Among the many important cases with which Mr. Lincoln was connected may be mentioned the litigation growing out of the manner in which the piers of the railroad bridge at Rock   110 - BENCH AND BAR OF OHIO.   Island were placed in the Mississippi River, including a suit for the abatement of the piers as an obstruction to navigation and a public nuisance. In the series of cases included in this litigation between the river and the railroad interests, Mr. Lincoln, representing the former, was opposed to Abraham Lincoln, afterwards President, and to Reverdy Johnson. In the case of the Lessee of Poor vs. Considine, which involved the title to 160 acres on the Western Hills adjoining the City of Cincinnati, Mr. Lincoln was opposed to Mr. Thomas Ewing, the elder. This was the last case but one Mr. Ewing argued in the Supreme Court. In the case of Barrett vs. Williamson, his opponent in the Supreme Court of the United States was Mr. John J. Crittenden, then United States attorney-general. Mr. Lincoln was senior counsel on behalf of the defendants in the case of Mannix vs. Purcell, growing out of the assignment of Archbishop Purcell and involving the title of all the property of the numerous Catholic congregations and of the numerous educational and charitable institutions, being more than one hundred and fifty pieces of property in all belonging to the Catholic church in Southern Ohio. Mr. Lincoln's success was due more to natural talent for the law, a thorough knowledge and just appreciation of legal principles, an untiring industry in the preparation of his cases, than to oratorical effects and forensic eloquence, though he expressed himself clearly and forcibly and with a sincerity and earnestness that carried conviction. From the commencement of his legal studies he was an industrious worker and close student. On one occasion early in his practice, after having given a client advice and received his fee therefor, he mentally questioned the soundness of the opinion given, and on searching the books in several offices he found that his opinion was erroneous and notified his client accordingly. This was the origin of his large law library, consisting of about nine thousand books ; for he determined that he would not pretend to a knowledge of which he was neither in the possession nor had the means of obtaining. He never sought any political or judicial office. He held the position of park commissioner of Cincinnati for a few years. During the war he was an uncompromising unionist, and though he was himself disqualified from serving in the army he furnished three substitutes. He was a generous and liberal friend to charitable and benevolent purposes and institutions. He was a great lover of books, and collected a large miscellaneous library in addition to his law library. He was very fond of travel and made seven trips to Europe. He married Miss Mary Clarke, daughter of Major Nathan Clarke of the United States army, a highly accomplished lady. Eleven children were born to them, of whom seven are living.   BENCH AND BAR OF OHIO - 111   JUDSON HARMON, Cleveland. Honorable Judson Harmon was born February 3, 1846, at Newton, near Cincinnati, Ohio. His paternal ancestor, John Harmon, was one of the founders of Springfield, Massachusetts, and in 69 his sons settled at Suffield, Massachusetts. Towards the latter part of the last century David. Harmon settled in Jefferson county New York, where his son, Benjamin F. Harmon, the father o udson, was born. The latter moved to Ohio in the year 1840, and soon afterwards married Julia Bronson, of Olean, New York, a descendant of one of the early settlers of New England, her grandfather, Enos Brooks, being an officer in the Continental Army. The names of the earlier generations of Harmons will be found enrolled in the armies of the French and Indian War, the Revolution and the War of 1812. They were all devoted puritans, strong, determined men and earnest advocates of purity of personal character, civil liberty and liberty of conscience. Benjamin F. Harmon, father of Judson, taught school and was also a Baptist minister, preaching for more than forty years to the same community. Throughout his life he was known as a man of great integrity, strong common sense and upright character. Beloved and respected by all, he died in 1893 and was carried to his tomb by his four sons. Judson Harmon was the eldest son and received his first teaching from his father, who prepared him for college; at the age of sixteen he entered the Freshman class of Dennison University at Granville, Ohio. In order to help provide means for carrying on his college course he taught school during vacation, and during term time acted as tutor to a number of the other students. He graduated at the age of twenty, in 1866. Having determined at an early age to study law he directed his course of study toward that end, reading extensively the history of England and his own country as well as a number of works on the development of constitutional law. He also read with great care the works of Bunyan, Milton and Shakespeare, and made it a point to read daily selections from the Bible. He took a high stand at college as a student and showed marked ability as a speaker and off-hand debater. At the time of the surrender of Appomatox a celebration was had in the college town, at which young Harmon was called upon to make an address for the " boys." His address displayed so much wit and eloquence that he captured the crowd, and at the conclusion of his remarks the president of the meeting said to him : " My boy, if you are not spoiled while you are young the country will hear from you." After leaving college Harmon taught school for awhile and read at the same time Blackstone and Kent. In 1867 he entered the office of Judge Hoadly in Cincinnati, where he remained until he graduated from the Cincinnati Law College, in March 1869, at which time he was admitted to the Bar. In a short time he succeeded in building up a lucrative practice in the city of Cincinnati, and had won for himself a good position at the Bar. In early life Harmon was an ardent Republican. He was a constant reader of the New York Tribune and the Cincinnati Gazette, and became a great admirer of Horace Greeley. When the Democratic party nominated Greeley for President, Harmon, being opposed to the extreme tariff policy of the Republican party,   112 - BENCH AND BAR OF OHIO.   went on the stump an advocate of Greeley's election. His success as a speaker, as well as his success at the Bar, attracted to him great attention, and in October, 1876, he was nominated by the Democratic party for judge of the Court of Common Pleas, in Hamilton county. At the election he received the majority of the votes, but the election was contested and the Senate of the State, at that time Republican, voted to oust him. In the following April he was nominated and elected judge of the Superior Court of Cincinnati, and was re-elected in 1883 by an increased majority. In March, 1887, when ex-Governor Hoadly retired from the firm of Hoadly, Johnson & Colston to enter the practice of the law in New York, Judge Harmon resigned his judicial position and became the head of the firm of Harmon, Colston, Goldsmith & Hoadly. This firm has always had a large practice, representing many of the most important corporations in the community, and is looked upon as one of the leading firms in this part of the country. After re-entering the practice of the law Judge Harmon refused to have his name used in connection with any public office although he took part in a number of political campaigns, using his influence to secure the nomination of proper candidates. He was a great admirer of Grover Cleveland and one of his warmest supporters in Ohio, and a strong advocate of his renomination in 1892. His prominent position at the Bar, his well-known integrity of character and his pre-eminence in his party, together with this earnest advocacy of the policy and principles of President Cleveland, caused his nomination to the attorney-generalship of the United States in June, 1895, to be regarded as an eminently fit appointment. He moved with his family to Washington and at once became a great favorite both in official and social circles of the life at the capital. He served throughout the remainder of President Cleveland's administration with great credit to himself and to the administration. He returned in March, 1897, to Cincinnati, where he resumed the practice of the law with his old firm. As a judge Harmon was extremely popular. He was regarded as a lawyer of excellent legal equipment and strong common sense. He was kind and considerate in his treatment of attorneys and very fair in his conduct of causes. He was much opposed to legal trickery or chicanery and insisted upon maintaining a high standard of dignity and professional courtesy in his court-room. He is a large, strongly built man, above six feet in stature, fond of athletic sports, of splendid physique and just entering the prime of life, and, in the opinion of those who know him, a man likely and fit to obtain the greatest prominence that membership at the Bar can afford any man.   SAMUEL F. HUNT, Cincinnati. Judge Samuel Furman Hunt was born at Springdale, in Hamilton county, Ohio. His father was Dr. John Randolph Hunt, who had been a student of Nassau Hall, and was graduated from the College of Physicians and Surgeons in New York in the class of 1825. Dr. Hunt's father was Oliver Hunt, of Cherry Hill, near Princeton, New Jersey,   BENCH AND BAR OF OHIO - 113   who first entered the service in the New Jersey troop as a " minute man," in March, 1777. He participated in the battles of Long Island, Princeton, Monmouth and Springfield, and was placed on the rolls of the government in recognition of his services in the war for independence. Dr. Hunt lived until August 1, 1863. A handsome window, representing Christ as the Great Healer, has been placed by the son in honor of the father in the Presbyterian Church of Springdale, the old church of the Northwest Territory. Judge Hunt's mother was Amanda Baird, born in Monmouth county, New Jersey, a lineal descendant of an old colonial family of high degree. She died November 23, 1892, and a lasting tribute to her memory erected by her son stands in the cemetery of Springdale on the site of the old church erected in 1802. The son entered Miami University in 1860. He, upon the beginning of his college career, took an active part in the debates and the literary exercises of Miami Union Hall. In his sophomore year he was elected fifth sessional speaker, class president in his junior year, to sign the diplomas of the graduating members, and class orator in his senior year, these being the recognized honors of the literary societies of the University at that time. Throughout his college career he was the president of his class, and for four successive years was chosen by the whole body of students as the orator on Washington's birthday. His college course was completed at Union College, of which Dr. Eliphalet Nott was then president, and received the bachelor's and master's degrees from that institution. He also received the bachelor's degree with the class of 1864 of Miami University. Since that time he has received the degrees of A. M., LL. D. and L. II. D. from that institution. His reputation as the "silver tongued orator" began in college. At that time as in subsequent years his addresses were of remarkable eloquence and glowing with patriotic feeling and sentiment. In a review of the exhibitions of the Miami Union Literary Societies, printed April 6, 1862, the afford Citizen calls special attention to the closing speech of the evening, which was made by Mr. Hunt, in which it said : "The gentleman's exordium was dignified and appropriate," and "his peroration was pathetically beautiful." The same paper, speaking in the year 1864 of the address by Mr. Hunt, said : "Mr. Hunt has erected a mausoleum more fitting than marble to the fame and memory of Miami Union's dead soldiers. The society whose rolls they grace may gaze with pride upon his handiwork, and their friends, with tears more grateful than thanks, attest the beauty of his tribute. It should be hung on the walls of Miami Union Hall as a memorial of the fallen but honored brothers. As for the rest of his address, it was as forcible as elegant, abounding in good advice and in elegant language." The young student was a sincere believer in the war for the Union, and many of his public addresses at that time were made at meetings whose purpose was to stimulate enlistments in the volunteer soldiery of the period. He was particularly active in the organization of the 83d Ohio Regiment. In April, 1862, he visited the battle field of Shiloh to look after the wounded and dying, and his faithful services at that time received the commendations of the officers and soldiers, as well as the agents of the Sanitary Commission. In   114 - BENCH AND BAR OF OHIO.   March, 1865, he was with the army of the James, and entered Richmond with the advance of General Weitzel's command, being one of the first to enter that city, and among the group of officers that first saluted the flag of the Union as she was raised over the capital. After the completion of his college course he began the study of the law with the late Justice Stanley Matthews, and in the Cincinnati Law School, where he graduated with the degree of L L. B. in 1867. In the same year he made a tour of Europe, to the Holy Land, Arabia and Egypt, from which distant points he wrote a number of letters to the Cincinnati Enquirer and the Presbyter. These letters were received with general favor, and were copied into a great many papers. In May, 1868, upon his return from abroad, he took up the practice of the profession of law in the office of Henry Stan bery, who had just resigned the position of attorney-general of the United States to take part in the defense of President Johnson in the impeachment proceedings before the United States Senate. In October, 1869, Judge Hunt was elected by Hamilton county to the State Senate, and was made at once president pro tempore of that body and acting lieutenant-governor. He is the youngest man who has ever held that position in this State. He served on the judiciary pommittee and the committee on municipal corporations, committee on common schools, and several other committees of minor importance. Among the measures introduced by him were a large number affecting the interests of Cincinnati, notably that establishing the University of Cincinnati, and those establishing the park commission and the platting commission. In 1870 he acted as chairman of the Democratic Convention for the second Congressional District, at which time he was tendered the nomination for Congress, which he declined. In 1871 he accepted the nomination of lieutenant-governor at the hands of the Democratic party, and by reason of the illness of the candidate for governor, General George W. McCook, he was obliged to bear the principal burden of the canvass of this State for the party. In 1873 he acted as chairman of the convention which nominated William Allen for governor, and subsequently as chairman of the convention nominating Thomas Ewing for governor. He was a member of the Constitutional Convention elected in 1873, which framed a new Constitution for Ohio, and was most largely instrumental in having the veto power incorporated in the Constitution adopted by that body to be proposed to the people. In 1878 he was appointed by Governor Bishop to be judge-advocate-general of Ohio with the rank of brigadier general. During his services in this position he prepared a review of the courts-martial, which has been regarded as the highest authority, and in his published report he gave a complete history of the State militia. In 1878 he was nominated as a candidate for the judge of the Court of Common Pleas of Hamilton county, and in 1880 was unanimously nominated for Congress by the Democracy of the First Congressional District. At both elections he ran far ahead of his ticket, but was unsuccessful. In 1887 he was tendered the nomination for circuit judge in the First Judicial Circuit ; but this nomination he declined. In that year he was chairman of the Democratic State convention which assembled at Dayton, which nominated Thomas E.   BENCH AND BAR OF OHIO - 115   Powell for governor. In 1889 he presented the name of Governor Campbell to the Democratic State convention at Dayton as a candidate for governor. In January, 1890, he was appointed judge of the Superior Court of Cincinnati by Governor Campbell to fill the position left vacant by Judge William H. Taft until the succeeding April election, at which time he was elected by a large majority for the period of three years, the unexpired term of Judge Taft. In April, 1893, he was again elected for the full term of five years to succeed himself. Judge Hunt's prominence at the Bar of this State and of the United States was shown by the fact that in 1892 he was elected president of the Ohio State Bar Association, and in 1893, vice-president of the American Bar Association, and was also appointed a member of the committee on legal reform, in place of John F. Dillon, who had been elected president. In 1874 he became a trustee of the Miami University, appointed by Governor Noyes, and unanimously confirmed by the Senate. At the end of nine years he was reappointed by Governor Foster for the full term ending January 1, 1890, at which time he was appointed by Governor Campbell for an additional term of nine years. In 1874 he was also appointed director of the University of Cincinnati by the common council, and continued a member of that body by re-appointments by the Superior Court until his accession to the Bench of the Superior Court, at which time he retired from the board. From 1878 to 1890 he acted as chairman of the University Board and also as president of the Society of Alumni of Miami University during the years of 1887 and 1888, being the orator of the society in 1889. He is also a member of the Ohio commandery of the military order of the Loyal Legion and of the society of the Sons of the Revolution, and governor of the society of the Colonial Wars in the State of Ohio. During an unusually active life in the pursuit of his profession, Judge Hunt has given great attention to general literature, and particularly to the history of his own State. He has been in great demand throughout the State as an orator on literary subjects, particularly at various institutions of learning. Among his literary addresses of especial note are those delivered at Kenyon College, Marietta College, Georgetown College, University of Cincinnati, the Northwestern Normal College, the University of Michigan, the Central University of Kentucky, the Ohio State University, the University of Virginia, at Williams College, and Adelbert College before the annual convention of Delta Kappa Epsilon Fraternity. Among the most important of his historical addresses are those as follows: Miami Valley, on the site of Fort Hamilton ; the Treaty of Greenville, on the site of Fort Greenville ; the campaign of Anthony Wayne, on the site of Fort Defiance ; the campaign of Scott and Taylor, before the National Association of the Veteran Soldiers and Sailors of the Mexican War, of which Judge Hunt is an honorary member ; the dedication of the soldiers' monuments at Findlay, at West Union, and at Athens, Ohio ; the centennial of the Republic, at Sandusky ; the reception of General Grant, at Cincinnati ; the unveiling of the monument to Garfield, ab Music Hall, Cincinnati ; the semi-centennial of the Young Men's Mercantile Library, of Cincinnati ; the Life of Charles McMicken, the founder of the   116 - BENCH AND BAR OF OHIO.   University of Cincinnati, before the municipal authorities, at Pike's Opera House ; the laying of the foundation stone of the Glendale Lyceum ; the centennial of the adoption of the ordinance of 1787, at Springdale ; the centennial of the settlement of Ohio, at Marietta; the reinterment of the dead who fell under St. Clair, at the centennial of Fort Recovery ; the American Flag, before the Ohio commandery of the military order of the Loyal Legion, at Cincinnati ; the Ohio Day at the Columbian Exposition, at Chicago, and Abraham Lincoln, on February 15,1894, before the people of Dayton, Ohio. He also delivered the centennial oration on " The Battle of the Fallen Timbers," on the battle ground, August 20,1894 ; the oration on the laying of the corner-stone of the new edifice of the University of Cincinnati, September 23,1894 ; the oration of the semi-centennial of the Delta Kappa Epsilon Fraternity of the United States, at New York, December 15,1894, and presided over the seventeenth annual meeting of the American Bar Association, at Saratoga Springs, August 23-25, 1894. Judge Hunt has received the academic degrees of A. B., A. M., L. H. D. and LL. D. from different colleges. His orations have been remarkable for their literary style, which is of the highest polish and excellence, betraying a thorough knowledge and familiarity with classic models and with the best literature of all times and languages. He is gifted with unusual facility of expression, which enables him to present the most dry and matter-of-fact proposition in beautiful and captivating form ; as a result, this power, together with his excellent judgment and his knowledge of the law, has made him very effective in the practice of his profession. During the years preceding his elevation to the Bench his practice was very large, embracing every class of litigation, and requiring the most arduous and unceasing labor. He was particularly popular as a consulting lawyer among the farming population and his neighbors in the various parts of the country lying outside of the city, a fact which showed in a very marked degree the high reputation he had for integrity and uprightness. Upon the Bench he has been distinguished not only for a careful and conscientious performance of his duties, but also for the dignity of his court and the uniform courtesy shown by him to all the members of the Bar, both young and old, as well as to all others who came into contact with him in his court-room. In the trial of a case he is usually very quick in rendering his decisions, particularly upon points of practice, and his thorough familiarity with the details of the law in this regard has made these decisions carry great weight. On more important matters arising before him as judge he has delivered a number of carefully prepared opinions, showing deep thought, earnest consideration and painstaking study of the law. Several of these decisions are noteworthy as being on questions of unusual interest to the community at large. All are remarkable for their literary excellence as well as for their merits, by reason of the questions of law which are decided. His associates on the Bench of the Superior Court during the time of his service have been Judges Edward F. Noyes, F. W. Moore, J. R. Sayler, Rufus B. Smith and William H. Jackson. Among the important decisions in which Judge Hunt has rendered opinions are the   BENCH AND BAR OF OHIO - 117   following ; The Cincinnati Inclined Plane Railway Company vs. The City and Suburban Telegraph Association involving the Trolley System ; Scott's Sons vs. Raine, Auditor (O. L. T., March 16, 1891), involving the powers of the City Board of Equalization.   CHARLES H. STEPHENS, Cincinnati. Mr. Stephens was born in Cincinnati October 2, 1841. He was a son of J. H. K. and Elizabeth Stephens. His grandfather, Henry Stephens, was in the early part of his life a lieutenant in the navy, commissioned by President Madison, and later in life became a distinguished member of the Bar in the State of Indiana. As a result, the subject of this sketch was urged from his early years to adopt the profession of the law. He received his education in the public schools of Cincinnati, graduated at the Hughes High School in June, 1858, and a few years later from the Law School of the Cincinnati College. He began the study of the law in November, 1858, in the office of Lincoln, Smith & Warnock, and was admitted to the Bar in 1864. Shortly after that date he became a member of the firm and was associated with Mr. Timothy D. Lincoln from that time until the death of Mr. Lincoln, in April, 1890, a period, including his years of study, of more than thirty years. The firm after the death of Mr. James Warnock became Lincoln, Smith & Stephens, and later, Lincoln, Stephens & Lincoln. Upon the death of Mr. T. D. Lincoln the firm name was changed to Stephens, Lincoln & Smith, Mr. Stephens' associates being Mr. John Ledyard Lincoln, the son of his former partner, and Mr. Samuel W. Smith, Jr. The firm had for many years a large practice in admiralty and insurance, subjects to which the firm had given great attention. As a result, Mr. Stephens became the legitimate successor to a practice involving questions of maritime law and practice in proceedings in admiralty, in which branch of the law he became especially proficient. His law practice, however, has not by any means been confined to the admiralty, but has been of a general character, subjects of commercial banking and insurance law being prominent. Their business has always been large in extent and in the main successful in results. The law library of Mr. T. D. Lincoln was one of the largest in the West, and by reason of the especial facilities that such a library afforded to the members of the firm, and the individual energy and thoroughness of the subject of this sketch, Mr. Stephens has always been remarkable for his knowledge of adjudicated cases as well as for his general grasp of the law. He is untiring in the preparation of his cases and forcible in their presentation to court and jury. When once convinced that the position he has taken is correct he is most determined in maintaining it, and most effectual in convincing others of its correctness. His persistent and conscientious adherence to a position once taken, together with his well-known thoroughness and ability as a lawyer, have frequently gained victories under adverse circumstances. Mr. Stephens has al ways been ready to give a part of his time to the public service. He served three terms,   118 - BENCH AND BAR OF OHIO.   six years in all, as a member of the board of education of Cincinnati, at the end of which he declined a reappointment. He was a member of the board of aldermen for four years and was its president for two successive terms, being so at the time that body passed out of existence. For more than twenty-five years he has been a trustee of the Hughes Fund and a member of the Union Board of High Schools, being now trustee of the Hughes Fund. In 1873 Mr. Stephens married Miss Alice Bard, daughter of Sylvester W. and Louisa Mayhew Bard. His family now consists of three sons. Mr. Stephens' residence is in Avondale, recently annexed to the city of Cincinnati. The following is an estimate of Mr. Stephens from the pen of a distinguished associate at the Bar:   “I have known Mr. Stephens for twenty-five years. His general characteristics are bright, industrious, energetic and a clear-headed lawyer. When I first knew him he was a junior partner with the late T. D. Lincoln and Judge Fayette Smith, and the firm was Lincoln, Smith & Stephens, and having one of the largest practices in the city. Mr. Lincoln was a man of great experience and very great knowledge, and had one of the largest private law libraries in the West ; and it was under such training as this that Mr. Stephens came to the maturity of his powers, and he has become successor to the large practice and industrious habits of his former partners. In the trial of a case Mr. Stephens is quick, energetic and sometimes impulsive, but never malicious, and always ready to meet an opponent of yesterday with a smile and a friendly grasp of the hand. He prepares his cases with great care, both as to matters of law as well as fact, and tries them with equal care and assiduity. His addresses to the court and jury are clear and terse, and without indulging in rhetoric or flights of oratory he manages to impress both with his ideas, so that he has met. with a great degree of success at the Bar. He stands high in the opinion of his fellow members of the Bar, and his integrity has never in the slightest degree been called in question."   GEORGE W. CORMANY, Cincinnati. George W. Cormany is the eldest son of William and Margaret Cormany and was born January 19, 1836, on the " Brotherton Farm," owned by his father, which was situated near Chambersburg, Franklin county, Pennsylvania. He came to this State while a boy with his parents, and located at Lancaster, in Fairfield county. His education was received in the common schools of this city, where he made an excellent record as a student. Before he attained his majority he was employed as amanuensis by the late Governor Medill, who was then living in Washington, D. C. As a result he came into. contact with some of the ablest lawyers of his own State as well as the prominent men of the National Capital. In 1855 he attended a course in the R. M. Bartlett Commercial College, where he graduated in June; 1856. Subsequently he returned to Lancaster and began the study of law in the office of Medill & Whitman, and was admitted to the Bar at the September term of the District Court. In the next year he removed to Mount Carroll, Carroll county, Illinois, and practiced law there until the    BENCH AND BAR OF OHIO - 119   war broke out. Immediately upon the outbreak of the war he returned to Ohio and enlisted for three years' service as a private in Company B of the well-known Guthrie Grays, of Cincinnati, afterwards known as the Sixth Ohio Volunteer Infantry. He passed rapidly through all the non-commissioned grades, and for distinguished bravery and good conduct at the battle of Stone River his name was placed on the roll of honor. He was commissioned a second lieutenant and assigned to Company G of the same regiment on February 19, 1863. He later became first lieutenant of the same company, which he commanded at the expiration of the term of his service. He received wounds both at the battle of Stone River on January 2, 1863, and again at the battle of Chicamauga on September 26, 1863. He was tendered a captain's commission in Hancock's corps in August, 1864, which he declined. Subsequently he received the brevet of major for meritorious service. After leaving the army he resumed the practice of law in Cincinnati. Mr. Cormany was elected magistrate and served his term of three years, at the expiration of which he returned to the general practice, with which he has had reasonable success. On October 10, 1867, he married Miss Nettie E. Creswick, of Cleveland, Ohio, and in 1874 he took up his residence in Hartwell, Hamilton county, having acquired the residence of the late Judge Cilley, known as Rensselaer Park, where he has resided ever since. He is the father of six children—three boys and three girls, all of whom are living, one of his sons, Charles C. Cormany, being associated with him in the practice of the law.   FRANK HOLMES SHAFFER, Cincinnati. Frank H. Shaffer was born in Cincinnati, Ohio, March 31,1857. His father was William Shaffer, one of that sterling class of merchants whose enterprise and integrity built up the commercial strength and reputation of Cincinnati. His mother was Susan A. Lewis who descended from families identified from early times with the growth and prosperity of Hamilton and Butler counties. After graduating at the Chickering Institute at Cincinnati, in 1873, Mr. Shaffer entered the class of 1877 at Yale College, and was graduated in June of that year. Entering the Law Department of the University of Michigan he completed the full course in 1879, and was admitted to the Bar by the Supreme Court of Ohio in May, 1880. Mr. Shaffer began the practice of the law at once, opening an office in Hamilton, Ohio, where he remained in active practice until 1884. He held the office of solicitor for that city during the years 1882 and 1883, having been elected on the independent Republican ticket, although the other candidates on that ticket were defeated, and the political complexion of the city had been strongly Democratic for many years. A favorable opportunity came to him to continue his practice in broader fields by the offer of a partnership with Mr. W. G. Mayer, the surviving partner of the old and well-known firm of Forrest, Cramer & Mayer, of Cincinnati. Coming to Cincinnati in 1884, Mr. Shaffer associated himself with Mr. Mayer and Mr. Smith, and practiced his   120 - BENCH AND BAR OF OHIO.   profession with marked ability and success. In 1890 he formed a partnership with Judge Hiram D. Peck, who had a short time previously'completed a full term on the Bench of the Superior Court of Cincinnati. The law firm thus formed is one of the strongest and most successful of the Cincinnati Bar, and is engaged continuously in important litigation. To this work Mr. Shaffer brings a geniality of disposition and kindliness of manner which endear him to all with whom he comes in contact. His fidelity to their interests binds old clients to him, while his high character, skill and reputation bring increasing business from year to year. Mr. Shaffer has had in his charge as important matters as any lawyer of his age in Cincinnati, and numbers among his clients some of the leading citizens of his county. On September 25, 1883, he was married to Miss Alice A. Blackwell, of Louisville, Kentucky, and has four children: Lucy, Annie, Susie and Frank' H., Jr.   JAMES B. SWING, Cincinnati. Honorable James Black Swing was born in Batavia, Clermont county, Ohio, May 15, 1854. He is a son of Judge George L. Swing (native of Ohio, but of German descent) and of Elizabeth (McMean) Swing (a native of Hamilton county, Ohio, of Scotch-Irish descent). The subject of this sketch went through the public schools at Batavia and completed his education at Hanover College, Indiana, from which institution he was graduated in 1876, after which he studied law with his father at Batavia and was admitted to the Bar in 1877, and was at once taken into partnership with his father. In 1881 he was nominated and elected probate judge by the Republican party in Clermont county, and in 1884 he was renominated and again elected to the same office. At the expiration of his second term of office, in 1888, he came to Cincinnati and formed a partnership for the practice of law with Howard Ferris, which continued until Ferris was elected probate judge of Hamilton county in 1890. Immediately thereafter Judge Swing formed a partnership with Frank R. Morse, which lasted until January 1, 1897, when it was succeeded by the present firm, Swing, Cushing & Morse, Wade Cushing being taken into the firm. Judge Swing was married in 1881 to Carrie M., daughter of the late Judge Philip B. Swing of the United States District Court. In 1884 Judge Swing was a delegate to the National Republican Convention from the then seventh, now the sixth, district of Ohio. On several occasions the nomination to Congress was tendered him, at times when a nomination was equivalent to an election, but he could not be induced to accept. He invariably disclaims any knowledge of politics or the affairs of State, yet his advice is sought, and he has a way of knowing the inside of everything that is going on. He is a strong partisan, and whether it is his friend or foe he (to use his own language) is always " for " the Republican nominee. While Judge Swing is a far-seeing, clear-headed man of affairs, remarkable for penetration and faultless judgment, an orator with few equals, a style peculiarily his own—logical, clear and convincing, yet his mind is at its best and shows more capa-   BENCH AND BAR OF OHIO - 121   bility in the law than anywhere else. He seldom makes notes in the trial of any case, and never forgets or misses an important point. His great mind grasps and at will reproduces every point at the proper time. In the preparation of a case he works it out in his mind without the assistance of book or pencil. When that is done you are sure to hear his favorite expression : "That is the law, and if I can just find some authority to support me the case is won." Another expression peculiar to him is, There is a turning point in every case." A judge of the second highest court in this State said of Judge Swing, that his statement and presentation of a case were the strongest of any man that had come before him in his experience of more than twenty-five years on the Bench.   CHARLES TOWNSEND, Athens. Honorable Charles Townsend is a native of the State of Ohio. He was born at Harrisonville, December 22, 1834, and in childhood removed to Athens county with his parents, which has been his home continuously since that time. Through the lineage of his father, James Townsend, he is of English extraction, and through that of his mother, Rebecca Morrison, he is Irish. The ancestors of both emigrated to America during the early colonial period. All were patriots in the sense of loyalty to self-government and the independence of the colonies. Many of them were soldiers in the war for such independence, and to this fact may be due the martial blood which quickened his pulse and tingled his veins when the rebellion was organized against the government of the United States, seventy years after it was established. He attended the common schools of Athens county, and was ambitious to go higher. Paying his own expenses with the wages earned at teaching, he was enabled to take a thorough course in Ohio University at Athens. More time for this was required than if he could have studied continuously ; but the time was not lost. There was abundant compensation in the discipline and the practical application of his acquired knowledge in the work of teaching others. So many men who have started as teachers have become prominent and successful in other professions, have found their best impulses for high achievements and their best preparation for success in such early employment that we may almost regard such a start essential to the best results. All who have considered the subject and become familiar with the illustrious examples are disposed to regard the boyhood years spent in teaching intelligently and conscientiously as important and valuable. It promotes development and brings the immature mind to a state of maturity and self-confidence more rapidly and effectually than any other employment. Let no one decry the work of the teacher, even though it is undertaken as a means of temporary relief from financial stringency to enable the vealy young man to prosecute his studies in the line of another profession. Let no man be so high-minded as to ignore or refuse to mention this " pony " which may have helped him through college or to the threshold of success in law. Before his graduation young Townsend had the qualification and the nerve to organize and conduct   122 - BENCH AND BAR OF OHIO.   the De Camp Institute in Meigs county, and he was employed as principal of this institution when the Government was assailed by rebels in 1861. Laying aside the text books on mathematics and science—implements that succeeded the birch and the ferrule of the pioneer schools—he responded to the call for volunteers as though it was personal. With enthusiasm and haste he recruited a company of one hundred and twenty men, whose services were tendered through the governor to the President, and accepted. He was elected captain of this company and led it in the battle fields of West Virginia under Rosecrans, of the Potomac, under Pope and McClellan ; thence to the west, attached to Sherman's corps in the army of the Tennessee in the battles around Vicksburg and down through Tennessee and Georgia to Atlanta. While storming a battery at Hickajack he was severely injured by the explosion of a shell, from the effects of which he was obliged to leave the service just before the final triumph of the Union armies. He had been promoted to the rank of major of the Thirtieth Ohio Infantry in 1864, and subsequently. had declined the colonelcy of another regiment because he preferred service with the friends who had gone with him to the field and became near to him by association in peril and victory. He was, under all circumstances, a good soldier, an obedient subaltern, an intelligent commander. On returning home he took a course in the Cincinnati Law School, from which he was graduated in 1866. On admission to the Bar he settled in Athens for practice. Not long afterwards he was elected prosecuting attorney for the county and re-elected twice, serving six years continuously. In 1876-and again in 1878 he was chosen to represent his county in the State legislature. In 1880, largely through the influence of his associates in the House, who had become closely attached to him and recognized his merits, he was nominated by the Republican State convention and elected secretary of State. His ability on the stump was a factor in that campaign, as it has been many times since. In 1890 he was nominated and elected to represent in the State Senate a district which had always been Democratic. His popularity was sufficient to overcome an adverse majority of nearly two thousand, and he is entitled to the distinction of being the first Republican who ever won success in the district. In 1894 he was elected Department Commander of the G. A. R. for the State of Ohio. Major Townsend is a gentleman of high personal worth, who enjoys the esteem of a very wide circle of friends. He belongs to the Masonic order and has a membership in the higher divisions—the Chapter and the Commandery. He was married in October, 1859, to Miss Margaret J. Allen, and has three children : Helen M., Charles H. and Mary.   BENCH AND BAR OF OHIO - 123   LORENZO ENGLISH, Columbus. Lorenzo English was a son of John English and Laura S. English. He was born in Herkimer county, New York, 1. May 22, 1819, upon his father's farm, where he remained until he was eighteen years of age. and received only the advantages of such an education as the common schools of his native county then afforded. In 1837 the family removed by wagon—then the usual mode of traveling by those seeking homes in the West—to Ohio and finally located at Mount Vernon. Our subject was one of the family then and proved a useful member, not only performing his full share of toil incident to a long and tedious journey, but also in adapting himself readily to any kind of labor common in a new country, and continued so to do for a period of two years. In the fall of 1839 he entered Oberlin College as a student, and pushed his way through by hard study during term time, and by hard work in any honorable vocation which first presented itself during vacations, and was graduated with honor in August. 1843. He came to Columbus in September of the same year, and commenced the study of law under Ed wards Pierrepont, afterward attorney-general of the United States. He completed his legal studies in 1845, and was admitted to the Bar in that year by the Supreme Court at Mount Vernon, Knox county. He immediately thereafter commenced the practice of law in Columbus. Mr. English was well qualified for success in life as a lawyer. He possessed patience, industry, integrity and great popularity, a rare combination in a young man starting out upon a professional career, which was a success from the beginning. In 1850 he was the choice of the Whigs as their candidate for mayor of Columbus, and was elected to that office over a Democratic nominee by a handsome majority. He was re-nominated in 1852, and the same result followed. Again in 1853, 1855, 1857 and 1859 he was nominated and elected over his Democratic opponents by handsome majorities. In 1853 both of the leading political parties nominated strong men for the office of mayor, and Mr. English was induced to stand as an independent candidate. The result was that he was elected over both party candidates by a large majority, thereby demonstrating that he was stronger before the people than the organization of the two parties and all the factions put together. His record as mayor of Columbus for eleven successive years is without blemish. He contributed largely of his means to aid in the relief of the families of the soldiers who enlisted in the armies of the Union, and shouldered a musket as a private soldier when John Morgan invaded the State in 1864. After his retirement from the office of mayor he resumed the practice of law, and his clientage increased to the extent that it may be said to have been larger, if not more lucrative, than that of any other lawyer at the Columbus Bar. He was methodical and a very hardworking lawyer. In 1871 his party nominated him for the office of county treasurer, and at the October election following the result showed that he had overcome a previous Democratic majority of 1,800 votes and had received 800 more votes than his opponent. He made a popular and faithful county officer. He held many other places of trust and honor besides those named, discharging the duties of all with singular fidelity and skill. It is not often that it   124 - BENCH AND BAR OF OHIO.   may be said of a man, who had been so long in active professional life, and in politics, that he had no enemies yet it may truth fully be said of our subject, that he departed this life on the 14th day of March, 1888, at the age of sixty-nine years, without a known enemy, and his death: was mourned by countless friends.   EMILIUS O. RANDALL, Columbus. Honorable Emilius Oviatt Randall was born in Richfield, Summit county, Ohio, October 28, 1850. He is the son of Rev. David A. Randall, author and traveller, and Harriet Oviatt Randall. Both parents were natives of Connecticut and descendants of early Puritan stock. His great-grandfathers on the side of both father and mother were soldiers in the army of the American Revolution. Mr. Randall was brought to Columbus, where his parents were then residing, when but a few weeks old, and that city has always been his home. His education was begun in the public schools of Columbus and he was prepared for college in Phillips Academy, Andover, Massachusetts. In the fall of 1870 he entered Cornell University, and in 1874 was graduated in the literary course of that university, with the degree of Ph. B. He then pursued a two years' post graduate course at Cornell and in Europe. From 1878 to 1890 his attention has been given to merchandising and literary pursuits in Columbus, and in the intervals of business he read law under the direction of Frank C. Hubbard, of the Columbus Bar. He was admitted to practice by the Supreme Court of Ohio, June 5, 1890, and was graduated from the Law School of the Ohio State University, in 1892, with the degrees LL. B. and LL. M. He is a member of the Delta Kappa Epsilon and Phi Delta Phi, college fraternities. Mr. Randall; was „made instructor of commercial law in the Ohio State University in 1892 and professor of commercial law in the same institution in 1895. On the 14th of May, 1895, he was appointed reporter of the Supreme Court of Ohio by the judges of that court. He was elected president of the Columbus Board of Trade for the year 1887 and was a member of the board of education of Columbus from 1887 to 1889, declining a re-election. He is a member of the board of trustees of the Columbus Library, having been first elected to that office in 1884 by the city council and re-elected every two years since that time. He is a member of the American Bar Association , American Library Association, American Historical Association, Society of the Sons of the American Revolution, and of the Ohio State Bar Association. In February, 1893, he was appointed by Governor McKinley a trustee of the Ohio State Archaeological and Historical Society, to which position he was reappointed by Governor Bushnell in February, 1896. He has acted as secretary of that society since February, 1894, and has edited three volumes of the society's publications. Mr. Randall is a Republican in politics. He was a member of the committee of seven chosen by the Columbus Constitutional Convention in January, 1891, to draft the charter of the present municipal government of the city. October 28, 1874, he married Miss Mary Coy, of Ithaca, New York, and by this marriage has three children, a