BENCH AND BAR OF OHIO - 375 the power of lashing her opponent to fury and exasperation, while she remains apparently as cool and undisturbed as a disinterested spectator. She rarely, if ever, uses this power, however, except in self-defense. One dose of it is usually sufficient, and the recipient seldom returns to the second attack. Much of her courage and power is founded in her absolute fidelity to honor and truth. She puts truth and right above all other considerations and would scorn to take an unfair advantage. This is recognized and acknowledged by all, and of itself begets confidence in any proposition maintained by her. Though herself a fine and effective speaker, thoroughly trained in the art of oratory, by reason of her determination that her husband should not be shorn of his power and strength as a lawyer because of his deafness, her voice is seldom heard in argument either to the court or jury. Though taking a leading part, and largely managing the conduct of all of the cases tried by the firm, few persons understand or appreciate the masterful power exerted by Mrs. Lutes in the trial of a case ; for to the unthinking spectator it looks as though Mr. Lutes were taking the leading part, while the fact is, that by reason of his deafness, their professional labors are so intermingled and closely connected that there is no leadership about it, and, as has often been remarked, it is almost impossible to consider them separately, as the two work together almost as one person. Their manner of conducting a trial is so peculiar that it is hard to describe, and has little similarity to the professional labors of other attorneys in the trial of a case. That it results in a most masterful handling of all cases tried by the firm is recognized and acknowledged by all competent persons who ever saw them conduct a trial, and it is probable that by reason of the peculiar position occupied by Mrs. Lutes, she receives much less, and Mr. Lutes much more, of the credit than they are respectively entitled to. It may be said that necessity and practice have developed what might well be called a sixth sense in both of them—in Mrs. Lutes the power to receive and convey, to listen and talk at the same time, and in Mr. Lutes the power to hear with his eyes quicker and more accurately than the most sensitive ear, as much quicker as light travels faster than sound. Their important cases are thoroughly prepared together, each having taken part in making the brief and examining the witnesses out of court. They come into court both of one mind, with their case thoroughly prepared. They know what they have to present ; have settled upon the manner of its presentation and have anticipated as far as possible, and prepared to meet the case made by the other side. If a jury case, the panel has been carefully examined, and if the jurors are unknown their character, antecedents. and characteristics have been looked up as far as possible, and the jurors are carefully examined on their voir dire. Mr. Lutes makes the opening statement of the case to the court and jury ; examines and cross-examines the witnesses as they are produced, interposes objections to evidence, and argues questions of law to the court as to the admission and rejection of evidence, as they occur during the trial. How is this possible when it is known that he is stone deaf, and what has Mrs. Lutes 376 - BENCH AND BAR OF OHIO. been doing all this time? A person looking on, who did not know that Mr. Lutes was deaf, would not readily discover that fact, or clearly understand the part taken by Mrs. Lutes, as shown by an incident which occurred in the trial of a case not long since in the Circuit Court of Clermont county, in the southern part of the State, where Mr. and Mrs. Lutes were strangers. An old gentleman, an habitue of the court room, was sitting in the audience room looking on at the trial. At the noon recess he came forward and quite indignantly inquired of a member of the local Bar with whom he was acquainted, why the court allowed that woman to sit in front of that lawyer and talk to him and thus interrupt him during the whole time he was trying, the case. Mrs. Lutes sits facing Mr. Lutes, and if a jury trial, also facing the jury, and repeats, by the motion of the organs of speech, without the least sound or whisper, every word that is spoken by the witnesses, judge and opposing counsel, on the instant the words leave the mouth of the speaker, so that Mr. Lutes gets it all as quickly as any other person in the room. This is not all she has been doing. As the case progresses she takes notes of all new points brought out in the evidence, and finds—time to communicate her views thereon to Mr Lutes. Her eye is constantly on the jury and opposing counsel, and her quick perception and knowledge of human nature are brought into active play. New points are anticipated and conveyed to Mr. Lutes to be guarded against. The effect the evidence is producing on the minds of the different jurors is carefully noted, and also conveyed to Mr. Lutes. She also draws and answers all the crossfire, side remarks and repartee of opposing counsel, thus leaving Mr. Lutes wholly undisturbed and without the fear of surprise, to present the case as prepared, and combat the case made by the other side. Thus her part in the trial of the case might be likened to the signal corps, cavalry branch, sharpshooters and skirmish .line of an army in the field, and she is to Mr. Lutes in the trial of a case what Sheridan was to Grant in the capture of Lee's army. When it comes to the argument of the case, she in like manner repeats to Mr. Lutes every word of the argument of opposing counsel to be answered, and suggests to him the answer to the points made which occur to her. Neither of them takes any notes of the evidence during the trial, and necessity and practice have developed still another remarkable faculty in Mr. Lutes, that is, to take his notes by mental process, and the power to retain in his memory all of the important and material evidence, so that he can repeat much of it word for word in the argument of the case. As the evidence is given he carefully notes its materiality and importance and arranges it in his mind in the order in which he desires to present it in support of his argument, and there it remains, under proper classification, and in clear and logical order, indellibly impressed upon his mind until he wants to use it in his argument, and he has no fragmentary and imperfectly taken notes to be hunted up, arranged, overlooked or forgotten, when he comes to argue the case. If lawyers generally understood the advantage to be gained by learning to take .their notes by the mental process, few notes would ever be taken with pencil, but it is impossible for any man to retain his BENCH AND BAR OF OHIO - 377 notes in his mind so long as he allows himself to depend upon his written notes. That the faculty can be acquired is clearly shown in the case of Mr. Lutes, for while he never takes any notes it is generally recognized that he has a superior and especially accurate command of the evidence in argument. As the result of their joint labors, they have the reputation of being very successful lawyers and of never losing a case which they ought to win, and in consequence their practice is comparatively large, and their retainers are largely in the most important cases, not only in their own county but to a considerable extent in other courts of the State, and occasionally in the United States courts and the courts of adjoining States. So. engrossed is Mrs. Lutes in her life's work and her studies and reading that she gives but little of her time to social functions, though by right of birth, as well as by her personal accomplishments, she occupies the highest social rank in the city. She is an exceptionally fine conversationalist, and a very entertaining and lovable companion, an ideal wife and most devoted mother. She has three beautiful daughters, of whose reputation for unusual brightness and intelligence she is especially proud. Her husband, for whom she has done so much, very naturally idolizes her, and in their life, these two lawyers seem to have realized the inspired lines of the poet : " For woman is not undeveloped man, But diverse. Could we make her as the man, Sweet love were slain, whose dearest bond is this— Not like to like, but like with difference. Yet in the long years Iiker must they grow ; The man be more of woman, she of man . He gain in sweetness and in moral height, Nor lose the wrestling thews that throw the world — She, mental breadth, nor fail in childward care ; More of the double-natured poet each ; Till at last she set herself to man As perfect music unto noble words. And so these twain upon the skirts of Time, Sit side by side, full summed in all their powers, Self-reverent each, and reverencing each ; Distinct in individualities, But like each other even as those who love." CHARLES T. GREVE, Cincinnati. Charles Theodore Greve, born at Cincinnati, January 3, 1863, is of German-English extraction. His father, Dr. Theodore L. A. Greve, is a native of Germany, who came to the United States in 1849, and settled first in Illinois, removing thence to Cincinnati a few years later, where he engaged in the drug business. Dr. Greve is a German university man, and is descended from a long line of teachers. He is also a successful man of business, in which he has become prominent. He has occupied the same building with his store for the last forty years. Charles T. Greve's 378 - BENCH AND BAR OF OHIO. mother was, before marriage, Clara Emrie, a daughter of the Honorable Jonas R. Emrie, of Ohio. She is of English lineage, and her forefathers settled in Massachusetts, at Newbury, in 1636. Several of her ancestors fought in the great historic swamp fight of 1675. At an early age Charles became a pupil in the Hillsborough high school, from which he was graduated in 1878. In the fall of 1880 he entered Harvard University, from which he was graduated in 1884, receiving the degree of Bachelor of Arts. Immediately thereafter he entered the Cincinnati Law School, from which he received his degree of Bachelor of Laws in 1885. He at once entered upon the practice of law, and shortly afterwards formed a partnership with C. Bentley Matthews, in whose office he had studied, and S. H. Holding, now of Cleveland, under the firm name and style of Matthews, Golding & Greve. Later Mr. Holding withdrew from the firm, leaving it Matthews & Greve. Subsequently the partnership was dissolved, and Mr. Greve practiced alone until 1894, when he was appointed assistant United States attorney for the southern district of Ohio. In 1892 he was nominated by the Democrats of the second district as their candidate for Congress, and made a highly creditable canvass; but the majority was against his party. His record in the important office of assistant district attorney has been entirely honorable and eminently praiseworthy. He is alert, cautious and systematic in the trial of a case, watching every step in order to keep the record free from error and irrelevant matter. As an advocate, whether in a civil case or as a public prosecutor on behalf of the United States, his style is perspicuous and argumentative rather than rhetorical ; although any address which he delivers, either in court or on the hustings, is not deficient in rhetorical finish or impressiveness in manner of delivery. Mr. Greve was for years a regular contributor to the daily press of Cincinnati. He was literary editor of the Tribune during the separate existence of that paper. For thirteen years he has been an officer and is now the president of the Cincinnati Literary Club, the oldest club of its kind in the country. He is also president of the U. C. D., a literary club including ladies in its membership, now in its thirty-third year. He is a member of the Ohio Chapter of Colonial Wars and the Society of the War of 1812. He was married October 23, 1895, to Miss Laura Belle, daughter of Major E. V. Cherry, of Cincinnati. WILLIAM H. MACKOY, Cincinnati. The subject of this sketch is a son of the State of Kentuck ; he is a lineal descendant of Scotch ancestry, easily tracing his an ecedents back to his father's great-grandfather, James Mackoy, who left Scotland and settled in King William county, prior tom year 1718. John Mackoy, grandfather of William H. Mackoy, removed from Virginia to Kentucky early in the present century and purchased a farm in the fertile valley of the Ohio, ten miles distant from the town of Greenup. On this farm was born John Mackoy, Jr., father of our present subject, who when quite a lad bid farewell to the "old farm " and took up his residence in BENCH AND BAR OF OHIO - 379 Covington, Kentucky, where he lived until his death, covering a period of more than fifty years. He was one of the first elders of the First Presbyterian Church of Covington, and took a prominent part in everything that pertained to the moral and material development of his fellow citizens. The mother of William H. Mackoy was Elizabeth, daughter of William Hardia, of Fredericksburg, Virginia. William H. Mackoy was graduated a Master of Arts of the University of Virginia ; subsequently studied law ; was admitted to the Bar in May, 1865, and began its practice in 1866, since which time he has devoted his entire time to his profession, having • his office in Cincinnati, and practicing in the courts of both Ohio and Kentucky. In the summer of 1890 he was elected a delegate to the Kentucky constitutional convention from the Second Legislative District of Covington. As a member of that body he served upon the important committees on corporations and municipalities, and drafted the articles of the Constitution relating to those subjects. At the adjourned session of the convention in September, 1891, he was a member of its committee on revision, and rendered important and valuable services in making corrections in the draft of that instrument which were necessary to make it consistent in all its parts and as a whole. Mr. Mackoy was married to Margaret Chambers Brent, a daughter of Hugh Innes Brent and Margaret, his wife, of Paris, Kentucky. He is the father of two sons, Lewis and Harry, and of one daughter, Elizabeth. VERNON H. BURKE, Cleveland. Mr. Burke was born at Say brooke, Ashtabula county, Ohio, December 22, 1866. His father, John F. Burke, was a native of Dublin, Ireland, who came to this country at the age of fourteen and settled in Ashtabula county. His mother was Minerva A. Stewart, a daughter of A. M. Stewart, of New York State, and a relative of A. T. Stewart, the merchant wince. Young Burke was rst sent to the district schools, later went to Buffalo, New York, and entered Bryant & Stratton's business College, graduating therefrom at the early age of fourteen. Returning home he took up the study of telegraphy and became an operator. At the age of fifteen he entered the University of Notre Dame at South Bend, Indiana, and in 1886 took from this institution not only his degree of Bachelor of Arts, but also that of Bachelor of Laws. He was at once admitted to the Bar in Indiana. Returning to Ohio; was again admitted to practice in the State courts. He then came to Cleveland and entered the office of Everett, Dellenbaugh & Weed. After remaining with this firm for a year and a half he formed his first partnership with Captain M. B. Garry, under the firm name of Garry & Burke. Withdrawing from this partnership after a year, he practiced alone until 1892, when he again formed a partnership, this time with H. B. Gregory; but in 1893 he withdrew from the firm and has since continued in practice alone. Mr. Burke, though quite a young man, enjoys a large and lucrative practice of a general nature. He has always been an active worker in the 380 - BENCH AND BAR OF OHIO. Republican party. In 1897, he was nominated by his party as candidate for State Senator, and in November was elected after a very exciting campaign and close contest in the State. The senatorship is the first elective office he ever filled. He was never a candidate for any other. He has made many speeches, and in the last campaign was on the stump for McKinley from the beginning to the close of the fight. He is a member and vice-president of the executive committee of the Republican committee of his county, commonly known as the committee of fifteen. He is also a member of the Republican committee of the Ohio State Republican League. Mr, Burke is a great student, not only of law, but general literature, and possesses far more than average ability. A. man of strict integrity and high moral character, he no doubt will take high rank both in his profession and politics before he is much older. In 1893 he married Tillie H. Hahn, of Cleveland, and has one son. JOHN D. SEARS, Upper Sandusky. Among the reputable members of the Ohio Bar may be placed the name of John Dudley Sears. For knowledge of the law, legal acumen, and a clear, almost unerring research, he is certainly entitled to the high regard in which he is held. Our subject was born on a Hill farm in Meredith, Delaware county, New York, the 2d day of February, 1821, the eldest son of Elkanah and Desiar (Phelps) Sears and a descendant in the eighth generation of Richard Sears, who lived at Plymouth, Massachusetts, in 1633 afterwards removing and settling at Yarmouth, on Cape Cod, where many of his descendants are still to be found. The boyhood of our subject, until his fourteenth year, was spent on a farm, where he bore his share of its labors. He attended the district school and became quite proficient in the three most useful branches, which formed the basis of the more thorough education he afterwards acquired. In 1832, for three months, he attended a private school at Meredith Center, taught by Mr. Brainard, a young Yale graduate, whom Judge Law, a man of note and prominence in that place, had engaged as tutor for his own sons. In this instruction young Sears and a Miss Fisher, daughter of a Presbyterian clergyman, were allowed to share. The study of Latin, begun then, was resumed in an academy at Delhi the following year and continued through another term of three months. The home at Meredith having been sold, the family migrated to Ohio in the spring of 1836, travelling in a three-horse wagon through central and western New York ; thence along the lake shore to Cleveland ; thence to Columbia, in Lorain county, Ohio, where two sisters of his mother resided on farms. There a cabin was rented and some little farming was done. Young Sears worked several weeks that summer at grubbing and clearing swamp land, for which he received fifty cents per day and his dinner. In the fall he was sent for a three-months' term to an academy at Strongsville, where rudiments of the Latin grammar were again taken up. In January, 1837, the family moved to Crawford county, and the first of February found them settled on a newly pur- BENCH AND BAR OF OHIO - 381 abased farm, two miles west of Bucyrus. This town then had a village library containing a few books and John, having induced his father to buy a share, sold at an administrator's sale, in a few months read the works of Sir Walter Scott, Life of Franklin, Russell's History of Europe, Plutarch's Lives, Miss Edgeworth's novels, and others of less importance. This feast of the mind was supplemented by chopping, logging and other hard work incident to clearing a wilderness. In June, 1838, having obtained from the commissioners of Crawford county a certificate entitling him to free tuition at the Ohio University, he started for Athens, where he arrived on the 3d day of July, remaining until commencement in 1841, going through the regular course as far as the senior year, when, appropriations for educational purposes becoming exhausted, with some debts incurred, his school life came to an end. In the summer of 1842 he was employed to teach an "academy " in McConnellsville, Ohio, at a salary of four hundred dollars per year. In 1843 he returned to Bucyrus, and in the fall of that year taught a select school for three months, devoting his leisure to reading law under instruction of Josiah Scott (afterwards chief justice of the Supreme Court of Ohio). Mr. Sears was admitted to the Bar June 29, 1844, and on the 15th of July following formed a partnership with his preceptor ill the practice of law, under the name of Scott & Sears, which continued for two years. On the 3d day of March, 1845, he removed to Upper Sandusky, county seat of the new county of Wyandot, where he has resided ever since. Mr. Sears was but twenty-four years of age at that time, yet he took a leading position at once, the years rapidly developing his strength and winning the reputation he so richly deserved. He soon acquired a lucrative practice that reached beyond the county limits ; and now, at the Psalmist's full measure of life, retiring from a profession he so dearly loved and so ably sustained, and ever retaining the esteem and affection of neighbors and friends, he can gracefully rest, with the comforts of an ample competence and the reflection of a useful, successful life. March 5, 1847, he was married to Frances E. Manly, and together they have celebrated the golden anniversary of their united lives.. A daughter was the result of this marriage, wife of the late Pliny Watson, of Toledo, who now resides at Pasadena, California. Mr. Sears has. kept out of politics, as far as he has been able to do so, yet has held positions of public trust to his honor and the best interests of the people he served. He was elected mayor of Upper Sandusky in 1854, and again in 1856 ; was a candidate for judge of the Court of Common Pleas in 1861, and received a handsome majority in his own county. In 1873 he was elected a delegate to the constitutional convention, practically without opposition. In that body were a number of men of national reputation—Chief Justice Waite, ex-Governor Hoadly, Rufus King, Lewis D. Campbell and others, and Mr. Sears served prominently in the deliberations of the convention. It is, however, as a member of the Ohio -Bar that Mr. Sears has gained his greatest distinction. During his long and active practice he was very generally retained in all civil and criminal cases of importance. In Shaffer vs. McKee (19th O. S. 526), the Supreme Court, at his instance, reversed the judgment of the District 382 - BENCH AND BAR OF OHIO. Court, and, without preparing an opinion, directed Mr. Sears's argument for the plaintiff to be reported in full as the opinion of the court—an unusual compliment. He was solicitor of the Ohio and Indiana Railway Company until its consolidation, and for some years afterwards attended to the law business of the Pittsburg, Fort Wayne and Chicago Railway on a portion of its line. Among his latest professional successes, not the least important is the decision in Blue vs. Wentz (54 O. S., 247), which puts an end to the construction of the ditch law, under which thousands of dollars have wrongfully been taken from parties not benefited, to pay for ditching their neighbors' swamps. His, truly, has been a busy, active life, almost solely devoted to his profession as a member of the Ohio Bar, garnering its results and achievements with remarkable success ; yet he has always been a close reader of history, the literature of the past and present, and there is scarcely a subject of importance on which he is not well and notably informed. WILLIAM S. ANDERSON, Youngstown. William Shaw Anderson was born on December 31st, 1848, at North Jackson, Mahoning county, Ohio. He is of Irish descent. His father, when a boy of fifteen years of age, emigrated from County Kerry, Ireland, to Pennsylvania, and afterwards to Mahoning county, Ohio. Here he became a merchant and farmer. His son, William Shaw, was born on the farm, and spent most of his youth in the performance of the duties devolving upon him at home, and in acquiring an education. He attended the public schools, worked on the farm, and devoted himself to his studies. He had, at an early day, resolved to enter the legal profession, and with great determination he availed himself of every means to secure the necessary qualifications. He supplemented his earlier studies by reading law in the office of Hutchins & Glidden, of Warren, and vas admitted to the Bar on April 7th, 1870. He at once commenced practice alone in Canfield, which at that time was the seat of Mahoning county. In 1872, he formed a partnership with Mr. Gilson, under the firm name of Gilson & Anderson, which continued until the death of the senior partner. Then, in 1877, he entered into partnership with Mr. King, under the style of Anderson & King, which was dissolved upon the junior member being elected probate judge of Mahoning county. At this time he associated himself with A. J. Woolf, the firm being Anderson & Woolf. After some years this was dissolved by mutual consent, and Mr. Anderson entered into a partnership arrangement with Lieutenant-Governor A. W. Jones, which still continues, constituting to-day what is probably one of the strongest law firms in the State of Ohio. Mr. Anderson, as an advocate, has few equals at the Bar. He is not only a brilliant speaker, but he possesses in a remarkable degree all the fine characteristics and elements that make a great trial lawyer. He is a close observer, a reader of human nature and a keen judge of character. One of his many strong points is the selection of a jury, in which he displays a knowledge of men and BENCH AND BAR OF OHIO - 383 character that is little less than marvelous. Indeed, it has often been said of him that " he appears to possess an intuitive perception of the qualifications of each man under examination." It is the same in the examination or cross-examination of witnesses. He never makes a mistake, but brings out just the testimony that he wants and passes over the rest. He is particularly happy in stopping exactly at the right time. He possesses a keen power of analysis, a logical mind and a determined will. In his earliest days at the Bar he became engaged in criminal cases. Before reaching twenty-three years of age he was called upon to defend a man charged with murder, and acquitted himself in a manner that drew upon him the attention of the legal fratenity in all the surrounding counties. As a direct consequence of the great ability he displayed in handling this class of cases in court, criminal business was forced upon him, and before he was scarcely aware of it he had achieved a reputation as a great trial lawyer. In spite of such success his preference is civil cases, and of those his practice is largely composed. There is, however, in criminal cases, a greater scope for the exhibition of personal power, which appeals strongly to the public, and in one who has shown remarkable ability in this line the less conspicuous qualities displayed in civil cases are liable to be overshadowed. As a speaker, Mr. Anderson holds the closest attention of the audience. He moves the hearts of a jury by his earnestness, and enthralls their intellect and imagination by his brilliancy and eloquence. His reputation as a trial lawyer is not confined to the State of Ohio, but he has been called into a dozen cases of more than local celebrity in Pennsylvania. One of these the " Homestead riots," was of national importance, and in this he was called upon to defend two of the men over whom those serious charges were impending, and for whom he succeeded in securing a verdict of "not guilty." There was an unusual array of legal talent engaged upon these cases—comprising Tom Marshall, of Pittsburg; Major Montooth, of Pittsburg ; Colonel W. C. Irving, of Minnesota, and others, whilst the owners of the " Homestead Works," backed by the county authorities and the State of Pennsylvania, spared no effort and no expense to secure a conviction. In politics Mr. Anderson is a Republican, strongly imbued with the principles of that party. He has, however, never permitted his name to be used in connection with any political office. He loves his profession, and devotes himself assiduously to his law practice. On November 4th, 1868, he was married with Miss Louisa M. Shields. They have four children—Blanche, William Noble, andall and Annie. The elder son, William Noble Anderson, is now studying law in his father's office. AARON F. PERRY, Cincinnati. Honorable Aaron F. Perry was born January 1st, 1815, at Leicester, Vermont. He received his early education in the common schools, after which he studied law for awhile. In 1837 he entered Yale Law School, and after one year's study was admitted to the Bar. He then made his residence in Columbus, Ohio, where he practiced law for a 384 - BENCH AND BAR OF OHIO. number of years. At different times in Columbus his partuers were Governor William Dennison and Colonel H. B. Carrington. In 1854 Mr. Perry removed to Cincinnati and entered into a partnership with Alphonso Taft and Judge Thomas M. Key, under the firm name of Taft, Key & Perry. This partnership was dissolved in 1861, when the old age of Judge Key made it necessary. Mr. Perry subsequently entered into a partnership with his son-in-law, Herbert Jenney. Mr. Perry was a delegate to the Baltimore Convention in 1861 that nominated President Lincoln for a second term. He was nominated and elected by the Republicans as a member of Congress for the First Ohio District. He remained in Congress but a short time, but became very prominent in the deliberations of that body both by his earnest work and his speeches. His speech on Civil Service Reform attracted much attention, being one of the earliest on that subject that had been made in Congress. He resigned before the end of his term and declined a re-election. In 1876 Mr. Perry headed the Hayes electoral ticket, and made speeches throughout the State in favor of that ticket. During the war, Mr..Perry supported with such vigor the Northern cause that his services were at one time mentioned by Governor Dennison in an annual message, and one of the defensive works thrown up near Cincinnati at the time of the threatened siege of that city was named in his honor. Mr. Perry stood among the foremost lawyers ever contributed by Ohio to the Bar. His prominence and ability at the local Bar became so well known that in 1877 the President appointed him senior counsel on behalf of the United States in its suit against the Union Pacific Railroad and the Credit Mobilier, one of the most important cases ever tried in the United States. He was also counsel in the great railroad case involving the Erie railroad in 1881, and also in the case of Vallandigham against General _Burnside involving the validity of the arrest of citizens by the military in time of war, Mr. Perry being retained by the Government to assist the United States attorney. His great ability as a lawyer overshadowed success in other directions, but he was very successful as a writer and as an occasional orator. He received from Marietta College and the Western Reserve University the degree, of LL. D. in recognition of his accomplishments in literature. He married in 1843 Elizabeth, the daughter of Micajah J. Williams. His children are Mary, the wife of Herbert Jenney, of the Cincinnati Bar, Elizabeth the wife of Dr. Herman J. Groesbeck, Edith Strong, the wife of Dr. Fred Forchheimer, and Nelson Williams Perry. January 1st, 1891, Mr. Perry retired from the practice of the law. This was made the occasion of a banquet tendered him by the Bar of the locality, at which time there assembled the most distinguished members of the profession, who testified to their appreciation of Mr. Perry's long service, and their regret that he was to leave their midst. He died March 11th, 1893. BENCH AND BAR OF OHIO - 385 JOHN McSWEENEY, Wooster. The late John McSweeney was long recognized as one of the greatest criminal lawyers who ever practiced at the Bar of Ohio. He was of Irish descent, his parents having both been born in Ireland. He was born at Black Rock near Rochester New York, August 30, 1824, and was brought as an in ant by his parents to Stark county, Ohio. They were in very moderate circumstances, having learned in the school of poverty to appreciate the modest comforts of life which their own labor secured. His father was a shoemaker, honest, industrious, intelligent ; he was also a large man; physically, of commanding mien and impressive personality. Both parents died while their son John was in his early childhood and he was left to the care of a guardian appointed by law. This guardian, John Harris, a lawyer, of Canton, appreciated his responsibility, took an interest in his ward and placed him in the care of Mrs. Grimes, of Canton, a pious and estimable woman, member of the Catholic Church, who reared him. The small Sum of money left by his father was honestly and judiciously applied by his guardian to the best possible advantage in his support and training. Young McSweeney's education was procured at the Western Reserve College and in Cincinnati. His scholarship was not only liberal and broad, but he was especially proficient in the Latin classics. He took up the study of law with his guardian, John Harris, of Canton, and removed thence to Wooster in 1845. He there entered the office of Judge Ezra Dean, who was at the time one of the leading lawyers of Wayne county. At different periods subsequently he engaged in practice in partnership with Olin F. Jones, Judge William 'Given, Honorable George Bliss, and Honorable C. C. Parsons, Sr. So great was his aptitude for the law, so broad and deep his learning, that he rose almost immediately to the first rank of lawyers at the Wayne county Bar. This position he retained almost without a rival to the end of his life. In his practice Mr. McSweeney was brought into contact and competition with Judges Dean, Avery, Given and Cox; Honorable John P. Jeffries, Honorable Lyman Critchfield, Samuel Hemphill ; Judges Rufus P. Ranney and Rufus P. Spalding ; Honorable Thomas Bartley, Honorable Thomas Corwin, Honorable D. K. Carter, and Senator John Sherman. At the end of twenty years of practice the reputation of Mr. McSweeney, both as a civil and criminal lawyer, had not only become firmly established in Wayne county, but had extended to neighboring counties; and still later it spread throughout the State and became national. He was retained in nearly all of the important criminal cases tried in northern Ohio, and generally by the defense. His influence with a jury was great ; his stature, massive, yet graceful proportions, and his resonant, powerful voice fitted him physically for most effective oratory. His earnestness of manner, his masterful use of a choice and extensive vocabulary, his pathos in appeal, his terrific invective, his pleasing humor, his sparkling wit, his keen repartee, his fairness toward an opponent, his lively and opulent imagination, his magnetic manner, his sound reasoning and his luxuriant discourse, all combined to give his almost matchless influence in a jury trial. Nor was his power confined to his argument before the jury. He was watchful and careful during the 386 - BENCH AND BAR OF OHIO. trial to keep out of the record anything which might be detrimental to his cause, and equally careful to avail himself of every expedient known to the law, and every rule or decision that could benefit his cause. He was a close and keen examiner of witnesses, possessing not only fine discriminating quality of mind as to what was relevant or irrelevant, but also as to the extent to which the examination should be pursued in any direction. He knew when to stop. Mr. McSweeney was engaged with Colonel Robert G. Ingersoll for the defense of Stephen W. Dorsey and others in the famous Star Route trials at Washington, which not only attracted attention throughout the country, but also extended his own high reputation as a criminal lawyer. Mr. McSweeney heartily accepted the presumption of law that a defendant is innocent until his guilt is proven. He was so frequently employed in the defense of persons charged with crime that his sympathy was quick and active, and his belief in the common honesty of human nature was firm and sincere. He was heartily devoted to the interests of a client and never lost sight of a fact, or a circumstance, or a point of law that could be construed in his favor. His study was so thorough and his familiarity with books so great that his word could be accepted as the law in regard to any criminal case. He was not a narrow man in the sense of devoting himself wholly to professional reading and study. His general information was large regarding history, ancient, mediaeval and modern, His accumulation of learning was one of the immeasurable advantages possessed by him in framing an argument for the court or in a public address to the jury. He could draw from it almost without limit in the adornment of his speech. He was a man of generous impulses and strong sense of justice in his dealings with his fellow men. He often invoked the attribute of mercy for the tempering of justice in his appeal for a client charged with crime. He believed in giving every man the best possible chance in the race of life. He had compassion for the unfortunate and excuses for the unwary. It may be claimed for him that lie was an orator by nature and training, and he belonged to the race that has produced some of the greatest orators in the history of the world. His mother was a sister of Daniel O'Connell. Mr. McSweeney was, in 1851, joined in marriage with Miss Catherine Rex, a sister of Honorable George Rex, of Wooster, one time judge of the Supreme Court of Ohio. She was a woman of strong mental endowment and excellent moral character. John McSweeney, Jr., born August 31, 1854, was the fruit of this union. The marriage tie was dissolved June 11, 1884, by the death of Mrs. McSweeney. Mr. McSweeney, the subject of this biography, died January 22, 1890. JAMES H. CLEVELAND, Cincinnati. James Harlan Cleveland was born in Frankfort, Kentucky, January 21, 1865. He is a son of Francis L. and Laura Harlan Cleveland. He studied at Princeton College, New Jersey, graduating in the class of 1885 and receiving the appointment to the " Chancellor John C. BENCH AND BAR OF OHIO - 387 Green Fellowship " in moral science. He studied the following year in Germany, at the University of Berlin. He then returned to America and studied law at the Columbian Law School, in Washington, D. C., where he graduated in 1888. He was appointed assistant district attorney for the Southern District of Ohio, February 29, 1888, which position he retained until November 3, 1889, when he retired to form a partnership with C. Bentley Matthews, under the firm name of Matthews & Cleveland. The firm in 1897 became Matthews, Cleveland & Bowler, by the addition of Robert B. Bowler, formerly comptroller of the treasury of the United States. On March 28, 1894, Mr. Cleveland was appointed United States attorney for the Southern District of Ohio, which position he still retains. He is professor of criminal law in the Law School of the University of Cincinnati. He was married in Washington, June 5, 1888, to Grace E. Matthews, daughter of the late Justice Stanley Matthews. He has four children. JOHN McSWEENEY, JR. Wooster. John McSweeney, Jr., was born in Wooster on the 31st day of August, 1854. His father, the late John McSweeney, whose biography is published in this volume, had just entered upon a career at the Bar which has never been excelled in brilliancy by any other practitioner in his section of the State. His mother was Catherine Rex, a woman rich in mental resource and moral excellence, sister of Judge George Rex, who served on the Bench of the Supreme Court. Nothing is more natural, therefore, than the inheritance of talent and taste for the law by young McSweeney. He is a lawyer by heredity an orator by kinship with Daniel. O'Connell, the renowned patriot of Ireland. His early instruction was received in the pubilc schools, followed by a classical course in the university and supplemented by liberal researches in history, philosophy and literature. He enjoyed peculiar opportunities of obtaining knowledge of the law by association, observation and absorption. These were not relied upon, however, for the exact and useful knowledge which is so essential to successful practice. He read and studied in the office of his father until he acquired a comprehensive knowledge of the text books and a pretty thorough understanding of the principles of the law—the science of jurisprudence. He attended the Boston Law School for a full term, and was graduated as a Bachelor of Laws in 1880. Admitted to the Bar in the same year he was received into partnership with his father and thus had the advantage at the outset of a clientage such as in the figment of an ambitious dream rises before the imagination of the ablest young candidate for practice, who enters the field alone, but is realized only after years of patient toil. Indeed many aspiring members of the profession, who subsequently achieved great distinction as advocates and jurists, waited long and anxiously for clients after admission to the Bar. Some of them, in a condition of painful poverty, were obliged to turn aside and engage in other occupations in order to procure their daily bread and the strength for still further endurance. For such as have the patience and the fortitude, the sedulous 388 - BENCH AND BAR OF OHIO. application and the unconquerable determination these early struggles are not without their compensation ultimately. And yet he is the favored of fortune who, possessing the taste, the inclination, the natural abilities, the ambition, the energy, the application and the unwavering purpose to advance himself, finds the doors of opportunity wide open as soon as he is qualified. Mr. McSweeney was quick to avail himself of the advantages which a provident and proficient father had prepared for him. He brought into the practice the ardor and the enthusiasm of youth, tempered by scholarship and association with men of learning and eminence. He continued his studies in the law and in the broad field of literature, after engaging in the practice, with the same ambitious purpose, the same conscientious application, as in the stages of preparation for admission. He has never ceased to be a student and has never been dismayed by the illimitable fields of research yet unexplored. The infinite variety and the infinite resources of the law charm and satisfy the student whose inclination and purpose unite to lead him into an exploration of its depths a student who is not satisfied with superficial knowledge ; who is not content simply to examine authorities with a view to winning a particular case. Mr. McSweeney has sought to understand the principles of the law and apply them to conditions by means of reasoning. He has always been a busy lawyer in the courts, and has continued in practice alone since the death of his father. He served as prosecuting attorney of Wayne county for six years, and prosecuted violators of the law with characteristic energy, as well as fidelity to the State. This official experience made him acquainted with criminal statutes and has led to his retention in important criminal cases as counsel for defendant. In State of Ohio vs. McCoy he secured from the Supreme Court a decision upon an important question that had not theretofore been reviewed and settled by the highest court, viz., that a woman upon whom an abortion has been performed with her consent is an accomplice, and her evidence will require corroboration. Prior to that the same question had been ruled upon adversely in some eighty-eight cases. Mr. McSweeney has conducted much important litigation in the courts and has been successful not only as a trial lawyer, but also in a business sense. He has succeeded in accumulating a comfortable fortune. He is a strong advocate, possessing the elements of oratory which influence the minds of juries. His gifts in public speech are frequently employed on the hustings for the benefit of the Democratic party, of which he is an influential member. He was a delegate to the Chicago convention in 1896, which nominated Bryan for president. He was married December 18, 1884, to Miss Ada Mullins, of Wooster, and has three sons living—Rex, James and John. His temperament is rather poetical and finds much gratification in the perusal of such authors as Byron and Longfellow, whom he adores. He is a Shakespearean scholar and never wearies in the study of this great interpreter of human nature. His charming wife presides gracefully in a home noted for its hospitality and for the entertainment of prominent visitors to Wooster. BENCH AND BAR OF OHIO - 389 FRANK C. HUBBARD, Columbus. Frank Coe Hubbard, son of Herman M. and grandson of William B. Hubbard, who was a distinguished lawyer and legislator, and for twelve years Grand Master of the Grand Encampment of United States, he being the only Ohio man ever elected to this, the highest office of the Masonic order. The Hubbards have an illustrious history in the annals of the colonial period of our country. The first members the family to emigrate to America settled in Connecticut as early as 1620. The mother of Frank C. Hubbard was Mariana Coe, from Middletown, Connecticut. She was the grand-daughter Joshua Stow, one of the civil engineers chosen by the State of Connecticut to survey and lay off that portion of its western territory known as the Western Reserve. Frank C. Hubbard was born at Columbus, Ohio, February 13, 1852. He was prepared for college in the preparatory school of Racine College of Wisconsin, and in due time was admitted to Hobart College, Geneva, New York, from which he was graduated in June, 1873. For several years after graduation he engaged in business, principally banking, at his home, Columbus. During this time he also read law with the firm of Collins & Cole, and was admitted to the Bar by the Supreme Court of Ohio, in June, 1885, and has ever since been engaged in the practice of his profession, in which he is regarded by his fellow members as a lawyer of unusual ability, superior attainments and high character. For two years Mr. Hubbard served as a member of the State examining committee on admission to the Bar, having, been appointed to that position by the judges of the Supreme court. In 1887 Mr Hubbard was elected a director of the Columbus Board of Trade. He has also served in an official capacity in connection with many of the business interests of Columbus, being a director of the Columbus and Xenia Railroad Company ; Columbus Terminal and Transfer Railway Company, and is attorney for the Clinton National Bank. He is a member of the Ohio State Bar and Franklin County Bar Associations. He is also a director of the Columbus Club and served for several years as its secretary. He finds his recreation in outdoor sports and is an enthusiastic and successful disciple of Izaak Walton and a leading member of the famous Castalia Trout Club. Mr. Hubbard is a staunch Republican in politics and an influential member of his party, but has always declined public office, though frequently urged by his fellow citizens to become a candidate for various positions of honor and trust. Mr. Hubbard is a gentleman of critical and cultured literary tastes ; is a great reader of all that is best in literature, and enjoys the possession of an extensive and carefully selected library. In June, 1883, Mr. Hubbard was married to Mary Belle Smith, of Columbus, Ohio. CHAPMAN C. ARCHER, Cincinnati. C. C. Archer was born December 31, 1843, in Clermont county, Ohio, near the town of Amelia. He is the son of Benjamin and Keziah Sargeant Archer, natives of Ohio and Pennsylvania, respectively, and both of English origin. His father was a farmer, who gave a 390 - BENCH AND BAR OF OHIO. great deal of attention to the growth of fruits and grapes, being among the first to introduce the grape into Clermont county, and owning for a long time the best equipped wine cellar in his section of the country. He was a descendant of Gabriel Archer, who emigrated to Virginia from England in 1604, locating at a place then known as " Archer's Hope." The father died in 1874, at the age of fifty-eight years, surviving his wife some fourteen years. The family originally consisted of five children, of whom but two are now living : Chapman, the subject of this sketch, and James S. Archer, who is engaged in the wholesale flour business in Cincinnati. Chapman C. Archer was educated in the public schools of Clermont county, and subsequently went to what is now known as Belmont College he was prevented by illness, however, from graduating from the latter institution in the class of 1864, although he lacked but three months of completing the course. Subsequently he entered the law school of Cincinnati College, and graduated from that institution in 1867. Immediately after his admission to the Bar he associated himself in the practice of law with H. R. Cox, the firm name being Cox & Archer. This association continued for about two years. Subsequently he practiced his profession alone for a short time, until, in 1870, a partnership with Honorable Aaron McNeill was formed, the firm being known as Archer & McNeill. This association continued until 1894, when Mr. McNeill was elected to the office of judge of the Court of Insolvency. Subsequently Mr. Archer associated himself with G. F. Osier, the firm being at present Archer Osier. Mr. Archer on November 22, 1872, was married to Alice M., daughter of Nathaniel G. and Rachel Maguire Witham, of Withamsville, Ohio. They have one daughter, Kittie R. Archer, who graduated from the well-known Bartholomew School in Cincinnati in 1893. Mr. Archer is a Democrat in politics, and has always been actively engaged in the work of his party in Hamilton county and in the State. He represented the county in the Sixty-first General Assembly of Ohio in 1873 and 1874, being at that time the youngest member of the body. He was also for many years a member of the board of education from the First Ward. In 1893 he was the nominee of his party for the office of probate judge, but was unsuccessful with the rest of the ticket in the election. He is a Knight Templar, a member of the Independent Order of Odd Fellows, a Knight' of Pythias and a member of the Red Men. Mr. Archer is a man of commanding presence, affable manners and conservative disposition. He has been engaged continuously in the active practice of his profession since his admission to the Bar, and his industrious habits and sound judgment, combined with his careful study of legal principles and his high character, have made for him a foremost position among his associates in the legal profession. He has not confined himself to any special branch of law, but has participated in the general practice, being regarded as an effective advocate in. the trial of causes, as well as a safe counsellor in the work of his office. BENCH AND BAR OF OHIO - 391 GEORGE H. PENDLETON, Cincinnati. Honorable George Hunt Pendleton was born July 19, 1825, in the city of Cincinnati. He was the grandson of Nathaniel Pendleton, a friend and confidant of Washington, who served through the Revolutionary War on the staff of General Greene and whom Washington appointed judge of the United States District Court of Georgia, and a son of Nathaniel G. Pendleton, one of the most distinguished men of his day, a member of Congress and an intimate friend of President Harrison. His mother was a daughter of Jesse Hunt, one of the pioneers of the western country. His early education was obtained at Woodward High School and under Professor O. M. Mitchell at the old Cincinnati College. He studied for several years under private instruction at home and concluded his educational preparation by two years' travel through Europe, Asia and Africa and a term at the University of Heidelberg. He returned to America in 1846 and studied and practiced law in Cincinnati. In 1853, he was elected a member of the State Senate from Hamilton county and served through the full term of two years. From that date until the time of his death he was prominent in the politics of his country. In 1856, he was elected to Congress and served until March 4, 1865. In 1864, when General McClellan was nominated for President of the United States, Mr. Pendleton received the unanimous vote of the convention of his party, for the Vice-Presidency. In 1868, he was the most popular man of his party for President, but was defeated by Mr. Seymour by a few votes. He was the candidate of his party for Governor of Ohio in 1869. Subsequently he was elected United States Senator from Ohio, and served from 1878 to 1884 in that position. His greatest distinction rests upon the civil service bill, which was introduced by him, and after untiring efforts on his part was enacted into law. His term as senator expired in March, 1885, whereupon he was appointed by President Cleveland minister to the German Empire. He occupied this position for more than two years and made a splendid impression upon the German government as a diplomat of dignity and ability. While in the discharge of the duties connected with this office he became so seriously ill that he started home for a rest from his labors. Upon his homeward journey he stopped at Brussels, and there died, November 24, 1889. In the following year memorial services were held in the great Music Hall in Cincinnati, at which was delivered an appreciative address by the late Isaac M. Jordan. The ceremonies were most impressive, and were attended by a distinguished body of his fellow citizens, who, regardless of party or belief, testified to the great worth of the departed statesman. Throughout his political life Mr. Pendleton was one of the leaders of the Democratic party. Although strongly opposed to the war, after peace was no longer possible he supported every measure necessary to its successful prosecution. As an orator he stood among the first men of his day and the sincerity and complete integrity of the man were never questioned even by his opponents. The respect with which he was regarded by all was indicated by the familiar name " Gentleman George," which, first applied to him rather derisively, became a proud title which was never disputed by any one. He 392 - BENCH AND BAR OF OHIO. was a man of very high moral sense and of the purest character, and, although a public man throughout his life, his reputation remained unsullied. In 1847, he married Alice Key, a daughter of Francis Scott Key, the author of the Star Spangled Banner. At his death he left a son, Frank K. Pendleton, and two daughters. LAWRENCE MAXWELL, JR., Cincinnati. Honorable Lawrence Maxwell, Jr., was born at Glasgow, Scotland, May 4th, 1853, during a visit of his mother to that country, both of his parents being natives of Scotland. his father was a brass founder for a number of years, and a member of the firm of Thomas Gibson & Co., of Cincinnati. He received his education in the public schools and at Woodward High School, and subsequently at the University of Michigan, where he graduated in 1874. Thereupon he became a member of the Cincinnati Law School, and studied law in the office of Stanley Matthews. He was admitted to the Bar in May, 1875, and in the fall of that year connected himself with the firm of King, Thompson & Longworth. Upon the election of Nicholas Longworth to the Common Pleas Bench the firm was reorganized under the name of King, Thompson & Maxwell. In 1879 he delivered lectures to the students of the Cincinnati Law School, and in 1881, by request, a special series of lectures upon the science of jurisprudence, which were attended by many members of the bar as well as the students of the school. His argument before the Supreme Court of the United States in the celebrated ease involving the McArthur will was made in 1884, and attracted the attention of the Bar of the country, being characterized by the justice who wrote the opinion of the court as the finest argument he had heard while on the Bench. At the time Stanley Matthews became a member of the Supreme Court of the United States, in 1884, Mr. Maxwell retired from the firm with which he had been associated, and formed a partnership with William M. Ramsey, who had been Mr. Matthews' partner, and remained associated with Mr. Ramsey until the time of the latter's death. With E. W. Kittredge, of Cincinnati, and James C. Carter, of New York, he acted as arbitrator in the Hocking Valley Railroad case, in which several millions of dollars were involved. On March 30, 1893, President Cleveland appointed him solicitor general of the United States, which appointment he was at first inclined to refuse, but which he afterward accepted and filled with signal success. He subsequently resigned in 1895. He married, in December, 1876, Clara Bary Darrow, of Ann Harbor, Michigan. They have two children. "Upon the organization of the law school connected with the Cincinnati University, Mr. Maxwell was chosen as one of the faculty, his special subjects being common law and equity pleading. BENCH AND BAR OF OHIO - 393 ARTHUR A. BROWN, Cincinnati. It is often true that the young man who carves out his own fortune attains a position before men which if thrust upon him by inheritance or combination of circumstances beyond his control he would be unable to maintain. The subject of this sketch, now standing at the front among the young members of the Cincinnati Bar, is the architect of his own position. Coming to this city at the age of thirteen years he was variously employed as an operator of wood-working machinery in the carriage and furniture factories, during which time he prepared himself for active life by attending the night schools of the city. At the age of eighteen years he began the study of law, frequently carrying with him to his work a copy of some law text book, and pursued his studies while engaged in his daily labor. He was admitted to the Bar in February, 1880, and soon after began the practice of his profession in the city of Nashville, Tennessee. In 1885 he returned to this city, and for a time engaged in editorial work ; but his desire and inclination urged him to re-engage in the practice of his chosen profession. Opening an office again as a practicing lawyer he was at once rewarded with a clientele that would honor a much older practitioner. Among his first important engagements was his selection as attorney for the National Association of Furniture Manufacturers, a position he continues to hold. His strength at the Bar is found in his eloquence as an advocate before a jury. In the presentation of a case he is peculiarly gifted with a manner that appeals to the sentiment of a juror. He can with the greatest skill play upon the emotions, appeal to sympathy, arouse the enmity and hate of a jury at will. Comparatively few men at the Ohio Bar excel him: in power over a jury. Mr.- Brown has by indefatigable effort established a commercial practice extending from the seaboard on the East to the Mississippi Valley,. and has for his clients many of the largest manufacturers and jobbers in the United States. As a politician he has won fame as an orator, and as a leader with fixed and uncompromising political opinions, his counsel and advice are constantly in demand from members of his party. As a public speaker Mr. Brown is especially gifted, possessing a freedom of speech, a clearness of thought, a power of logic, a fund of humor and telling sarcasm that electrify and hold his audience wherever he appears on the platform. A number of times he has been urged as a candidate for Congress, for secretary of state, for attorney general, but has never permitted his name to be placed before a convention. More than content is he to pursue the duties of his practice and enjoy the confidence and esteem of his friends and clients, and the quiet of his library at home, rather than engage in an unseemly scramble for office. EVAN P. MIDDLETON, Urbana. Mr. Middleton is a native of Champaign county, born on his father's farm in Wayne township, April 19, 1854. Tracing the line of his ancestry back to the colonial times, we find the family seat in South Carolina. The family was originally English, but because of long 394 - BENCH AND BAR OF OHIO. residence and frequent inter-marriages with persons of other nationality their English blood, in common with that of most old families, has become the composite of modern American stock. The family was prominent in the agitation for liberty which led up to the Revolutionary War. One of Mr. Middleton's ancestors, Arthur Middleton member of Congress from South Carolina, in 1776, was one of he signers of the Declaration of Independence. His immediate family came from Virginia, both of his paternal grandparents being natives of Fairfax county in that State. They came to Ohio in 1810, and settled on a farm in Brown county, near Georgetown. His grandfather served in the American army in the war of 1812. He was a civil engineer and surveyor, and assisted in the survey and establishment of the county lines of Pike, Brown, Adams and other counties in the southern part of the State. He was also a farmer and land owner. Later the family removed to Champaign county, settling on a farm where the grandparents spent the remainder of their lives, his grandfather dying at the age of ninety-five and his grandmother at the age of ninety-three years, and they had passed the seventieth anniversary of their wedded life before either of them died. John Middleton, the father of our subject, was a farmer and devoted his life to that vocation. He died in 1881, of pneumonia, at the age of sixty years, on his farm in Wayne township. Mary (McCumber) Middleton, his mother, died July 4th, 1897, in the village of Cable, near the old homestead. She was of Scotch and German parentage, her mother being of German and her father of Scotch descent. Evan P. received his early education in the common schools of Wayne township. At the age of seventeen he entered the Urbana High School, where he attended about a year. He began teaching at the age of eighteen, and continued in that avocation for a period of eight years. During those years he and his brother Arthur kept up a course of literary and classical studies under private tutorship, studying the higher branches of mathematics and the Latin classics, as well as English literature. The last two and a half years of this course were devoted to the study of law under the preceptorship of General John H. Young. They were admitted in October, 1878, by the Supreme Court of Ohio, to practice in all the State courts. In the spring of 1879 they entered on the practice of law at Urbana, under the firm name of Middleton & Middleton. This partnership continued up to the death of Arthur Middleton, December 23, 1889. Since that time Mr. Middleton has continued the practice alone. In the fall of 1883 he was elected prosecuting attorney of Champaign county, and was re-elected in 1886, serving six years in that office. In the spring of 1881 he was appointed by the Supreme Court, and served as one of the board of examiners of the Cincinnati Law School for that year. As a lawyer Mr. Middleton ranks with the best at the Champaign county Bar. He is purely a lawyer and devotes all his time to his profession. He is thorough in the preparation of his cases and strong in their presentation before court and jury. He is a pleasant and forceful speaker and a successful trial lawyer. He has a large and remunerative practice. There have been but few important cases tried in the county courts BENCH AND BAR OF OHIO - 395 during the past ten years in which Mr. Middleton has not appeared on one side or the other. In politics he is a Republican, and takes considerable part in party politics. Speaking of his characteristics as a lawyer, one of the most prominent members of the Champaign county Bar observed : " Evan P. Middleton ranks with the most successful attorneys at this Bar. He is the sole architect and builder of his own career. He is a well educated man, and got it altogether by his own exertions and without aid of friends. He has been a close student and hard-working lawyer. He spares no pains in the preparation of his cases and is usually prepared for any emergency that may arise. He possesses considerable ability as a speaker, and is a forceful advocate before a jury or court. He is highly respected by the Bar; both for what he is and for what he has done for himself." Mr. Middleton was married on December 23, 1875, to Miss Zeppa Rippetoe, daughter of William and Martha (Farmer) Rippetoe, the former a native of Virginia and the latter of Kentucky, though both have passed most of their days in Champaign county. They have two sons and one daughter. GEORGE E. PUGH, Cincinnati. George E. Pugh was born in Cincinnati, November 28, 1822. He studied at Miami University, whence he graduated in 1840. He took up the study of law and practiced with success until the opening of the Mexican war. He became a captain in the Fourth Ohio Regiment, and also served as aid to General Joseph Lane. At the close of the war he was elected to the Ohio legislature. In 1850 lie became city solicitor of the city of Cincinnati, and in 1851 attorney-general of the State. He was elected United States Senator from Ohio in 1855, when hardly thirty-three years of age, his term extending from December 3, 1855, to March 3, 1861. In the senate he served on the committee on public lands and the committee on judiciary. He took a very active part on the floor of the senate, and was one of the leaders of the Northern Democrats. In 1860 he was a delegate to the National convention held at Charleston, South Carolina, and made the reply to the celebrated speech of William L. Yancey. In 1861 he, with William S. Groesbeck, Rutherford B. Hayes and others, telegraphed the President suggesting that General George B. McClelland be put in military authority in Cincinnati. In 1863 he made a very able speech in the Vallandigham habeas corpus case. In 1863 he was the Democratic candidate for lieutenant governor of the State, but was defeated, as he was the following year when a candidate for congress. In 1873 he was elected delegate to the State constitutional convention, but declined to act in that capacity. He died July 19, 1876. George E. Pugh has always been regarded as one of Ohio's ablest men. As an orator and a lawyer he was without a rival. His intellectual powers matured early in life and for some years he was the idol of the people and the Bar. His memory was little short of marvelous and his power of using his materials, even under the most adverse circumstances, made him almost invincible. 396 - BENCH AND BAR OF OHIO. CHARLES S. BENTLEY, Cleveland. The Honorable Charles S. Bentley was born at Chargrin Falls, Cuyahoga county, on the 5th of September, 1846. His father, Staughton Bentley, was a merchant, born in Ohio. The grandfather, Adamson Bentley, was a native of Pennsylvania, of Quaker stock. The latter came to hio in the latter part of the last century, where he became one of the most prominent of the Early Disciple Ministers. The Bentleys are of English descent. His mother, Orsey Baldwin, also a native of Ohio, was of English extraction and her ancestors settled first in Connecticut, at a very early period. In childhood young Bentley was sent to the common district schools, which he attended until he was eighteen years of age, when he entered the Eclectic Institute at Hiram, now Hiram College. At the age of twenty-one he entered Hillsdale College, Michigan, where he took the classical course, and was graduated in 1870. He then went to Allegan, Michigan, where he engaged in the wholesale lumber business for something over a year, and while in this business he began the study of law with Honorable B. D. Pritchard, known as the captor of Jefferson Davis. Later he went to Cleveland and entered the office of Judge Darius Cad well, where he remained until his admission to the Bar in the fall of 1872. He commenced practice in the office of Barber & Andrews, and in February, 1873, lie removed to Bryan, where he formed a partnership with the Honorable Albert M. Pratt, under the firm name of Pratt & Bentley. This co-partnership continued until 1887, when Mr. Bentley was elected judge of the Sixth Circuit of Ohio for a short term of one year. At the expiration of this term he was elected for a full term of six years, at the close of which he declined a re-election. He then located in Cleveland and resumed the practice of law in partnership with Charles H. Stewart. To have a fair estimate of Judge Bentley he must be considered both as a lawyer and a judge. Before his elevation to the Bench he was but little known beyond the counties near his home ; but after assuming his judicial duties he became well and favorably known throughout the State, especially for his decisions, which were models of clearness and conciseness. There was no misunderstanding their scope, yet, withal, they were clothed in choice words, which marked the scholar as well as the jurist. Many of these decisions are found reported in the Ohio Circuit Court Reports from Vol. III to X. His associates on the Bench, Judges George R. Haynes and Charles H. Scribner, both of whom served with him the entire seven years, early recognized his worth, and while these three judges presided over the Sixth Circuit it was regarded by the Bar of Ohio as one of the ablest courts in the State. The work of Judge Bentley contributed largely to placing the court upon this high plane. While he was on the Bench the Court of the Sixth Circuit was called upon to deal with three notable subjects of litigation as to which the law was not well settled, viz, petroleum, natural gas and electricity (as a motive power). The introduction of electricity into cities for the propulsion of street cars was bitterly resisted, on the ground, among others, that it was destructive of property and the lives of persons and horses, and its use in streets would compel their abandonment by vehicles BENCH AND BAR OF OHIO - 397 drawn by horses, and would be such a standing menace to all safety that franchises to thus use it were void, and injunctions to prevent its use were sought. All this caused much litigation and that court was to quite an extent a pioneer in dealing with these questions and aiding to settle the law of Ohio concerning them. While Judge Bentley was a member of that court it also had to deal with novel and intricate questions as to the legal power of an electric street railway company to obtain by condemnation the right to use jointly with a horse street-car company parts of the established tracks of the latter, and as to the measure of damages therefor, and his opinions in these cases are especially important and interesting. His relations with the Bar were always most cordial, and every member thereof was treated with the utmost courtesy. He was particularly kind to the young practitioner, and when he decided to retire and again take up his work at the Bar there was universal regret that the circuit should lose his services, and he received many urgent letters from both political parties requesting him to reconsider his decision. But wishing to resume practice, he persisted upon retiring. His rank at the Bar before his elevation to the Bench was second to none in his part of the State. He was recognized as a fighter, and when a lawyer knew that Bentley was on the other side of the trial table he well knew that every faculty would have to be alert, for nothing would be left undone which the interest of his client required. While he was a fighter, his methods were fair and only such as a lawyer with a high sense of the proprieties of his profession would employ. After retiring from the Bench he became the senior member of the firm of Bentley & Stewart, at Cleveland, where he at once took rank with the leaders of the Cleveland Bar, often being called in consultation in important cases. From his judicial experience he acquired the habit of looking at questions from both sides, and his services in consultation were most invaluable. Judge Bentley is Dean of the Baldwin University Law School at Cleveland. He is a Mason, having attained the thirty-second degree. In 1874 he married Isabel Kemton, of North Adams, Michigan, and by this union there is one daughter, now in the Woman's College at Cleveland. In 1877 Mrs. Bentley died, and in 1890 he married Mary E. Logan, of Toledo. There is no issue of this marriage.