The Bench and Bar of Northern Ohio - 125 One of the unique and distinguished lawyers of the Stark county bar for a great many years was the Hon. Robert H. Folger, of Massillon, born at Chester county, Pennsylvania, in 1812, the son of Captain Mayhew and Mary ( Joy) Folger, natives of the Island of Nantucket and of Quaker faith. Mayhew Folger was a sailor on the high seas, having circumnavigated the globe three times and serving in every position from cabin boy to master of a vessel. His last voyage was made in the ship "Topaz," of Boston, on the return of which, in 1810, he quit the life of a sailor and sought a home in the west. While making his last cruise, Captain Folger discovered the surviving mutineers of the English ship 'Bounty," who had founded a colony on Pitcairn Island in the south Pacific seas. After leaving Tahiti, the crew of the "Bounty" mutined, in 1789, under the lead of Fletcher Christian ; the captain of the vessel, Bligh, and 18 of the crew, being set adrift in a small boat, but ultimately reaching England. The mutineers, led by John Adams, in 1790, settled on Pitcairn Island, mingled with the natives and founded a civilized community. Nothing was known of them by their home government, it being believed they had turned pirates or become lost, until their discovery by Captain Folger in 1810. Capt. Mayhew Folger came to Ohio in 1813, settled at Kendal, now one of the wards of Massillon, the settlement of Kendal being made up of a society of Friends, known as the Kendal Society, most of whom came from Nantucket. Robert H. Folger when a young man served for a time as captain on one of the packet boats running from Massillon to Cleveland on the Ohio canal, and was thereafter given the title of Captain Folger. His son, William M. Folger, was educated at Annapolis naval academy, served through the different grades in the United States navy, and retired in 1915 with the rank of rear admiral. He died several years since. Robert H. Folger claimed relationship with Benjamin Franklin, was a fluent speaker, possessed great literary attainments, and had stored his memory with the best poems of Burns, Byron and other great poets. In stature he was about five feet four inches, weighed about 180 pounds, and by reason of his being so short was often made the butt of many well-meant jokes by his brethren at the bar, no one enjoying the joke better than the captain himself. He lived and practiced law in Massillon when the Ohio canal, which passed through the city, was in its glory and was the great artery of trade and commerce. Mr. Folger, his father having been a sea captain, let it be known that he was an admiralty lawyer, and as a result had a large practice growing out of the commerce and business relating to the Ohio canal. It happened that Hon. John McSweeney and Hon. Robert H. Folger were arrayed on the opposite side of some litigation growing out of a contract for the building of a canal boat. In his opening argument to the jury Mr. McSweeney displayed some ignorance and want of knowledge as to nautical nomenclature ; thereupon Mr. Folger, in his argument in reply, soundly berated McSweeney about his ignorance regarding maritime affairs. In his closing argument McSweeney, after making his points involved in his suit clear to the jury, turned upon Mr. Folger and in dramatic style described what he termed "Captain Folger in a storm on the Ohio canal." He spoke of how the storm spirit howled 126 - The Bench and Bar of Northern Ohio in the air, how the winds whistled, lashed the waves of the placid water; of the canal into hellish foam, and how the hailstones fell like leaden bullets upon the deck of the rocking ship. Then, in the grand climax, Mr. McSweeney turned and said, "And all the while, where was the Little Captain ? Standing on the quarter-deck crying to the driver, `Scud the mules ! Scud the mules One of the noted men of his day in the practice at the bar of the county was Hon. Louis Schaeffer, known as a profound lawyer, an active citizen who was always interested in the material development of his city, and noted for his ready wit on all occasions. Mr. Schaeffer was born in the Department of Moselle, France, 1815, and came to Canton in 1831. He pursued his legal studies under the direction of Griswold & Grant, and was admitted to the practice in March 1840, the day of his admission completing the exact two years required by, law for the legal studies of the candidate. Mr. Schaeffer and Robert H. Folger, of Massillon, were admitted upon the same day, the examination taking pace on the first day of March, at New Lisbon, before Justices Lane and Wood of the supreme court, the candidate having traveled by stage coach from Canton to the place of the court's session. Mr. Schaeffer was not only well read in the law, but was a scholar and student of literature ; had a good command of language, but spoke in broken accent, which, with his ready wit and repartee, and powers at mimicry, made him a humorous as well as entertaining speaker. He lived to a great age, and for many years before his decease was the owner and proprietor of an opera house in Canton, and was acquainted with many of the leading actors on the American stage during the latter part of the last century. He was the father of the wife of Justice William R. Day. Hon. Joseph Frease, whose youth was spent in Sugar Creek township, Stark county, and a student under Hon. Hiram Griswold, came to the bar of the county about 1851, and after several years of practice was elected prosecuting attorney. After serving one term he was elected common pleas judge and was re-elected for a second term. After retiring from the common pleas bench, Judge Frease entered into the active practice of the law, for a time being associated with Frank E. Case, under the firm name of Frease & Case. This partnership continued until the retirement of Mr. Case, who went into the business of manufacturing, in which enterprise he is still actively engaged. Judge Pease continued in the practice until shortly before his decease in 1909. Judge Frease as a jurist and practitioner always commanded the esteem and confidence of the community. William W. Clark, born on a farm near Hanoverton, Columbiana county, moved with his parents to Portage county, where he spent most of his youth on a farm. Always a close student, he spent his time industriously, acquiring a good education, and followed teaching for a time. He read law with the Hon. Alphonso Hart, of Ravenna, and after the-.necessary preparation was admitted to the bar in 1862, coming to Canton shortly thereafter, where he located. Shortly after the close of the Civil War, his brother, James J. Clark, who had served in the army and: had been admitted to the bar, was taken into a partnership, which was continued about twenty years under the firm name of Clark & Clark, the firm having a large and lucrative practice. William W.. Clark retired from the practice of the law, going into the manufactur- The Bench and Bar of Northern Ohio - 127 ing business and engaging in banking, in both of .which enterprises he met with great success, and at the time of his decease had acquired a considerable fortune. One of the most prominent members of the Stark county bar, and one who had a long period of active service before its courts was Hon. George E. Baldwin ; born near Rootstown, Portage county, his ancestry traced back to the famous Baldwin family of Connecticut. In his early life Mr. Baldwin was a teacher, read law, and after admission to the bar took up his residence at Canton in the early sixties. He served one term as prosecuting attorney, and later formed a partnership with Hon. Robert S. Shields. The firm of Baldwin & Shields for almost thirty years was one of the leading law firms in the county, having a large practice extending throughout northern Ohio. Judge Baldwin served by appointment a short term on the bench of the circuit court of the district, and after the expiration of his term of service continued in the practice until his appointment by President McKinley as counsel to Nuremberg, Germany. He had been in poor health shortly before his appointment, and after several years, service abroad was granted leave of absence, returning to New York City, where his only son, a prominent attorney, was located and where he shortly thereafter died. Judge Baldwin was noted as one of the best story tellers at the bar, always ready with some anecdote or story to entertain his hearers, and when the court was not in session would be surrounded by a bevy of lawyers in the court-room eagerly listening to his entertainment. As a lawyer he fas forceful, a fluent and eloquent speaker, and on the political platform always able to hold the attention of his audience. In politics he was an ardent Republican, always in great demand as a local speaker in the political campaigns of his party. Judge Baldwin was also a strong advocate of the cause of temperance. As a lawyer he appeared in many of the leading civil and criminal causes before the courts. One of the lawyers of the Stark county bar who had few peers and no superiors, was the Hon. William A. Lynch, born in Canton, August 4, 1844. The parents of William A. Lynch were both natives of Ireland, the father being a civil engineer, railroad builder, and had served his county as county recorder. William A. Lynch was educated in the public schools, graduating from the Cnton high school at the age of sixteen, was a great student and well read on many subjects. He had a most brilliant intellect, was a natural logician, and possessed great argumentative powers, which made him one of the great lawyers of his day. His voice was most pleasing, his diction pure, and with a matchless presence, he was one of the most pleasing and convincing speakers in the legal forum and on the public platform. He began the study of the law at the early age of sixteen years in the office of Hon. Louis Schaeffer, at Canton, and was admitted to the bar on his arriving at his majority, in 1865. He was for a while connected with his preceptor in the practice, and in the year 1872 formed a partnership with Hon. William R. Day, under the firm name of Lynch & Day, which immediately became one of the leading law firms in northern Ohio. The names, Lynch & Day, have had a long standing at the bar of the county, and have undergone many transpositions in the title of the firm name. Originally known as 128 - The Bench and Bar of Northern Ohio Lynch & Day, upon the admission to the firm of Mr. Austin Lynch the firm name became Lynch, Day & Lynch upon the retirement of William A. Lynch it became the firm of Day & Lynch ; upon the admission of David D. Day into the firm, it became the firm of Day, Lynch & Day ; upon the retirement of William R. Day the firm again assumed the original name of Lynch & Day, and upon the admission of the son of Austin Lynch into the firm, it again took the firm name of Lynch, Day & Lynch. Mr. Lynch from the beginning of his practice at the bar demonstrated that he was destined to become the great lawyer he proved to be, for at the age of twenty-three he was trying cases against the most able lawyers of his day. In the year 1866 he was elected prosecuting attorney of the county, defeating Gen. Charles F. Manderson, but in 1868 he was defeated. by William McKinley, and in 1870 Mr. Lynch defeated McKinley for the office. From 1867 to 1874 he served as city solicitor for the city of Canton, serving during the period that the city was emerging from a village to a city, and when great municipal undertakings were being projected. After a most successful career at the bar, Mr. Lynch, about the year 1885, retired from the active practice and engaged in the business of operating a street railway in the city of Canton. He projected and constructed the interurban street railway between the cities of Canton and Massillon, said to be the first interurban line in the United States. Mr. Lynch not only devoted his time to the street railway business, but specialized to some extent in the practice of steam railway litiga tion, being retained in many important cases throughout the country. Upon the failure of a large industrial manufactory which he had undertaken to rehabilitate, he again resumed the general practice and at once took a prominent position in the more important litigation before the courts. While attending court in New Lisbon as one of the counsels for the defense in an important criminal case, he was suddenly taken ill and died after a few hours, illness, February 6, 1907, at the age of sixty-two years. In his political affiliations Mr. Lynch was a Democrat, but in the campaign of 1896 he was unable to support the doctrine of the free and unlimited coinage of silver at the ratio of 16 to 1, and he threw his whole strength in favor of the cause of sound money, making many speeches throughout the country against the free silver movement. His address, delivered at the old Tabernacle at Canton, was regarded as one of the best made in that campaign in support of a sound currency, and was largely circulated as a campaign document. Shortly after his admission to the bar, in 1867, William McKinley located at Canton and at once secured a large practice before the courts, at first being associated with Hon. George W. Belden in the office of that distinguished lawyer and jurist, and later forming a partnership with his brother, Abner McKinley, under the firm name of W. & A. McKinley. William McKinley was born at Niles, Ohio, January 29, 1843, receiving his early education at the Poland academy at Poland, Mahoning county, supplemented by one year’s study in the college at Meadville, Pa. He taught school for a short period, and at the early age of seventeen years enlisted as a private in the 23rd Regiment, Ohio Volunteer Infantry, the regiment having as officers Stanley Matthews The Bench and Bar of Northern Ohio - 129 and Rutherford B. Hayes, and was a part of the army of General Sheridan. He served on the staffs of General Hayes and General George Crook, who after the war became the great Indian fighter on the western frontier. He served to the close of the war with great distinction, and for meritorious conduct was brevetted a major. On his return from the army he took up the study of the law in the office of Judge Charles E. Glidden, and completed his legal course at the Albany Law School. In 1869, Major McKinley was elected prosecuting attorney of his county, defeating Hon. William A. Lynch, who at the succeeding election for that office defeated McKinley by a small majority. Had William McKinley continued in the profession of the law he had all the elements and qualities which would have placed him in the front rank of the lawyers and jurists of his day. Elected in 1876 to the 45th Congress, he rose rapidly as a member of the lower house, and was re-elected to that body for the six succeeding terms ; he was a candidate for the speakership, but was defeated by Hon. Thomas B. Reed, and placed at the head, as chairman, of the committee on ways and means. A candidate for re-election in 1890, he was defeated by reason of the gerrymander of the district, by a small majority, only to be taken up by his party in 1891 as a candidate for governor of the state, to which office he was elected and at the end of his first term re-elected for a second. At the conclusion of his second term as governor of the state he was put forward by his party as its candidate for the presidency in 1896, and after one of the most spirited canvasses in the history of the nation was elected to the chief magistracy of his country. Hon. William R. Day came to the bar of the county in 1872, shortly after his admission to the practice, entering into a partnership with the Hon. William A. Lynch, as heretofore mentioned. The firm at once took a leading place in the active litigation before the courts, not only in the county, but throughout the state, being retained in many of the leading cases both in the state and federal courts. After several years, the firm was enlarged by the admission of Austin Lynch, Esq., as before stated. William R. Day was born at Ravenna, April 17, 1849, the son of Hon. Luther Day, of whom mention has already been made, his mother being a daughter of Hon. Rufus P. Spalding, who, like the father of Justice Day, was at one time judge of the supreme court of the state, and she was also the granddaughter of Chief Justice Swift of Connecticut. Justice Day graduated from the University of Michigan with his class in 1870, and at once took up the study of the law in the office of Hon. George F. Robinson of Ravenna. After one year of preparatory reading, he entered the law department of the University of Michigan, where he finished his course and was admitted to the bar of Ohio in 1872. Judge Day was elected to the common pleas bench of the county in 1885, but served only a little over one year, resigning in 1887, because of the meager salary, which did not afford a sufficient competence for a man with a growing family. In 1889 he was tendered the judgeship on the federal bench for the northern district of Ohio, but on account of a threatened break of health, reluctantly declined to serve. On the accession of William McKinley to the presidency, Judge Day was appointed assistant secretary of state, and on the resignation 130 - The Bench and Bar of Northern Ohio of the Hon. John Sherman from the secretaryship of state, he was appointed his successor, serving through the period of the Spanish-American War, at the close of which Justice Day was appointed president of the Spanish peace commission and sent to Paris to negotiate the treaty of peace with Spain. Upon his return from his labors as one of the commissioners sent by his government on this mission, he was in 1899 appointed one of the circuit judges of the United States for the sixth judicial circuit, serving in that position until in February, 1903, when he was appointed by President Roosevelt as an associate justice of the Supreme Court of the United States. Henry Ward Beecher in his eulogy on a great American once said : "Three elements enter into the career of a great citizen : "That which ancestry gives ; "That which opportunity gives ; "That which his will develops." Justice Day is a remarkable example of a strong combination of all these elements. It was not until the beginning of the latter part of the last century that the city of Alliance assumed the character of a commercial and industrial center, the original town being known as Freedom. On the completion of the C. & P. and P. Ft. W. & C. railroads, the place became a railroad center, and its name changed to Alliance, when its growth as a manufacturing and commercial city at once became phenomenal. Among the lawyers of the Stark county bar who were early residents of that thriving city may be mentioned A. L. Jones, Amos Burden and Harvey Laughlin, and, of a later day, Samuel Esseck, James Amerman, William C. Pippitt, Joseph J. Parker, J. M. Harrison, James A. Coulter, A. B. Hoover, Judson D. Lewis, James C. Stanley, Alonzo C. Strong, D. E. Rogers and David Fording, but recently deceased. James Amerman was born in Genesee county, Mich., 1848, the son of John Laidler, who was born in the Highlands of Scotland, and who emigrated with his wife to the United States in 1842.. On the death of the mother, the father was left with six small children, and in 1850, the son James was adopted by Daniel and Mary Amerman, of Thornville, Michigan. Coming to Alliance with his adopted father in 1858, he resided there until his enlistment, April, 1862, in Co. B. 82nd 0. V. I., and he served three years in the military service of his country, receiving a slight wound in the second Bull Run engagement. He was taken prisoner at Gettysburg, and endured three months confinement on Belle Island. Returning home after his discharge from the army in 1865, he took up the study of the law and was admitted to the practice in 1867, becoming at once a successful practitioner, and engaged in some of the most important civil and criminal causes before the courts of the county. He died after a short but brilliant career. Among the prominent lawyers of Stark county bar, resident of the city of Alliance, and who had the longest career as a practitioner of the lawyers of that place, was the Hon. David Fording, who died quite recently, having practiced his profession over forty-nine years. Mr. Fording was born of Quaker parentage, at Salem, Ohio, July 3, 1842, the family removing to Mahoning county shortly thereafter, where the early life of David Fording was spent on the farm. Receiving his early education in the common schools, which was supplemented The Bench and Bar of Northern Ohio - 131 with a preparatory course in Mount Union college, lie began the study of the law in the office of Wm. C. Pippitt at Alliance. He was licensed to practice in 1870, at once entering into a partnership with Hon. Joseph J. Parker, under the firm name of Parker & Fording, on the dissolution of which he was associated with Hon. Wheaton W. Harris, the firm name being Fording & Harris, and which continued until the appointment of Mr. Harris by President McKinley as consul to one of the German consulates. After the severing of his professional relations with Mr. Harris, Mr. Fording continued alone in the practice until his decease, dying at the age of seventy-seven years, in 1919. Mr. Fording served his city as mayor, had a large and lucrative practice, and enjoyed the unbounded confidence of his fellow citizens. Robert A. Pinn, the only resident lawyer of the colored race to practice before the courts of the county, was born in Perry township, 1843. The grandfather of Mr. Pinn was born a slave in Virginia, and while in servitude was known by the name of Briggs, the family residing in Fauquier county. The children being free-born, the father of Robert A., William Pinn, came to Ohio, following the occupation of blacksmith for a time at Steubenville, locating in Perry township about 1833. At the age of 18, Robert A. left the parental home and went into the army in the sutler’s department, where he remained until 1863, when he was mustered into the service as a private in Co. I, 5th United States Colored Infantry, was later promoted to first sergeant, and acted as sergeant-major on the non-commissioned staff. While in command of the company at the battle of New Market, he was severely wounded, receiving three bullet wounds. He refused to be taken to the rear, and while carried by his comrades executed his commands. For bravery in the line of duty he was awarded two medals, one by Congress and one by Gen. B. F. Butler. After his discharge from the army he attended school for a short time at Oberlin college, later spending some years as a teacher at Newberry, South Carolina. 'Returning to Massillon, he entered the office- of Hon. Robert H. Folger, where he pursued his legal studies, and was admitted to the bar in 1879, and began the practice at Massillon where he continued until his decease, early in January, 1911. As a citizen, lawyer and soldier, Mr. Finn's career was one of credit and honor to his race. Hon. Thomas T. McCarty, elected to the common pleas bench in 1891 and re-elected for a second term, was born in Carroll county, January 12, 1843 ; admitted to the bar August 26, 1865; and practiced for a short time at Niles, Ohio, from which place he removed to Malvern, Ohio, where he practiced for five years before coming to Canton in 1875. After coming to Canton he was associated for a time with Joseph J. Parker who had come from Alliance to the county seat. Judge McCarty, after severing his relations with Mr. Parker, formed a partnership with Hon. John C. Mong, the firm name being Mong & McCarty. This relationship continued until Judge McCarty assumed his duties on the common pleas bench in January, 1892. After leaving the common pleas bench Judge McCarty was elected to the circuit court of the district, but later in his term resigned on account of poor health, and died in June, 1909. Judge McCarty was a most efficient judge, and had the confidence of the bar, being most accommodating and respectful to young lawyers who were beginners in the practice. 132 - The Bench and. Bar of Northern Ohio Jacob P. Fawcett, who served the unexpired term of Judge S. Meyer as probate judge, and two terms as judge of that court by election, was born at Boyce Station in Allegheny county, Pa., January 21, 1851. After his graduation from Mount Union college, he read law with Wm. C. Pippitt, Esq., at Alliance, and after his admission to the bar practiced for several years at Alliance before his coming to Canton. Judge Fawcett was an able lawyer, and competent judge of the probate court ; a useful citizen, always taking a great interest in matters concerning the welfare and upbuilding of the city of his residence. He died in 1912. Hon. Charles C. Bow, who served two terms as prosecuting attorney of his county, and two terms as probate judge, was born at Atwater, Portage county, the son of Abraham Bow, a native of Connecticut. His youth was spent on a farm, and later the family moved to Alliance. Judge Bow was educated in the public schools of that city, and served as deputy clerk of the common pleas court. After his admission to the bar he formed a partnership with Judson A. Wann, the firm being Wann & Bow, which for many years was one of the leading law firms at Canton. Judge Bow died, June 12, 1915, after a successful career at the Bar, and as judge of the probate court of the county. The bar of Stark county has had a singular distinction, in that covering a period of less than twenty-five years, there have come from its membership the following state and federal officers : A lieutenant-governor and governor of the state, two members of the lower house of Congress, a United States senator, and president of the United States ; an assistant secretary, and secretary of state ; a judge of the United States circuit court, and associate justice of the Supreme Court of the United States. "Law does not the least restraint Upon our freedom, but maintainst ; Or if it does, ,tis for our good, To give us freer latitude ; For wholesome laws preserve us free, By stinting of our liberty." In the criminal annals of the Stark county courts, there have been nine convictions of murder in the first degree where the death penalty has been inflicted. The first five executions took place within the county ; the first was the only public execution, the other four taking place within the confines of the county jail. The first murder case within the county in which the death penalty was carried into execution, was the case of the state of Ohio vs. Christian Bachtle, indicted by a grand jury on the 22nd day of April, 1833. for the murder of his wife, Mary Bachtle, on the 1st day of April, 1833. The defendant, Bachtle, resided in Pike township, about a mile south of the present village of North Industry ; was a man addicted to the use of liquor, and when under the influence of drink was quarrelsome and abusive to his .wife, who was an industrious and excellent woman. Coming home somewhat under the effects of drink, the defendant began to quarrel with his wife, who refused to engage in controversy with him, and retired to her bed for the night. Lying with her face The Bench and Bar of Northern Ohio - 133 turned away from the defendant, and believing her to be asleep, the defendant procured an ax, struck her on the right side of the head, inflicting a mortal wound from which she immediately died. The defendant fled from the scene of his crime, wandering about for several days and was arrested near the town of Wooster. D. A. Starkweather, prosecuting attorney, assisted by Gen. Dwight Jarvis, prosecuted the case on the part of the state, and the defendant was represented by John Harris and Orlando Metcalf. The defendant was convicted of murder in the first degree, and was sentenced to be hung on Friday, November 22, 1833, the execution taking place on what was then the "town commons." a space included within the square as now bounded by Rex avenue, Sixth street, Fifth street and Cherry avenue, N. E. The day before the execution was to take place, visitors began to arrive, and on the day of the execution, an assemblage of people estimated at about twenty-five thousand gathered to witness the event, coming from near and far. From one who witnessed this execution, an uncle of the writer, the following account has been given as to the manner in which the sentence of the law was carried into effect "The sheriff of the county, George N. Webb, accompanied by a mounted troop called "The Light Horse," appeared with the prisoner shortly before eleven o,clock at the place of execution. The troop formed a hollow square about the gallows, and the sheriff with the prisoner, ascended the scaffold. After the prisoner's limbs were secured, and the noose' adjusted, he was asked if he had 'anything to say before sentence of the law was carried into execution. His answer was that drink was the cause of his crime, and he warned others to desist from its use. Promptly at eleven o’clock, the sheriff announced : `Christian Bachtle has one hour to live., Until the last and final moment, the sheriff made announcements, as follows : Christian Bachtle has forty-five minutes to live ; Christian Bachtle has thirty minutes to live ; Christian Bachtle has twenty minutes to live ; Christian' Bachtle has ten minutes to live ; Christian Bachtle has five minutes to live ; Christian Bachtle" has one minute to live ; Christian Bachtle, your time has come. The trap was sprung and the defendant was launched into eternity." The second execution in the county took place within the walls of the present county jail, on June 25, 1880. Three men were the victims, Gustave Ohr, George Mann, and John Sammet, all .being less than 21 years of age, two of them being under twenty years. This execution excited great public interest and concern throughout the nation, because of the youthfulness of the prisoners. Strong pressure was brought to bear upon the governor of the state to obtain executive clemency and have the sentence commuted to life imprisonment, but without avail, and the three youthful prisoners together paid the law’s penalty. Gustave Ohr and George Mann were in company with an old man, John Wattmaugh, with whom they had traveled along the railway from Chicago, and when nearing Alliance on the evening of June 27, 1879, they stopped for the night in a small grove where they built a fire and prepared something to eat. While the old man was lying asleep on the ground during the night, the defendants, having conceived the idea of robbing him of the small amount of money on his person, struck him 134 - The Bench and Bar of Northern Ohio over the head with a railroad coupling-pin, took his money, shoes, and some articles of personal clothing. The old man was found shortly thereafter, unconscious, and he died from the injuries inflicted. The defendants were apprehended, jointly indicted by a grand jury of the county, separately tried, and convicted of murder in the first degree. Hon. Robert S. Shields, prosecuting attorney of the county, was assisted in the trial of both cases, by William A. Lynch and William R. Day. The defendant, Gustave Ohr, was represented by James Amerman and Joseph J. Parker, both eminent lawyers of Alliance ; and the defendant, George Mann, was represented by Hon. Geo. E. Baldwin and Judson D. Lewis, of Alliance. John Sammet resided in Massillon, where he shot a young man, Christian Spuhler, who had been called to testify in some minor criminal matter against Sammet. He was indicted by, a grand jury of the county, on January 24, 1880, was placed on trial and was convicted of murder in the first degree on February 11, 1880, the state being represented by Hon. Henry W. Harter, prosecuting attorney, William A. Lynch and Wm. R. Day. The defendant, Sammet, was represented by Hon. Geo. E. Baldwin, and James Amerman. George McMillan was executed in the present county jail, July 20, 1883, having been convicted by a jury of his peers, March 2, 1883, under an indictment for the murder of his wife, Augustine McMillan, by shooting her with a pistol through the head. McMillan and his wife lived in Cherry street, Canton, now Cherry street S.E. The defendant, just before being executed, maintained his innocence, naming a very close relative whom he claimed was the guilty person. The prosecution of George McMillan was conducted by Hon. Henry W. Harter as prosecuting attorney, assisted by Joseph J. Parker ; and the defendant was represented by Hon. Geo. E. Baldwin, and Hon. Robert S. Shields. The first prisoner from Stark county to be executed in the Ohio penitentiary was Henry Popp, executed on December 19, 1890, for the murder of Moritz Grether, by cutting and stabbing him in the throat. The murder taak place in daylight on East Tuscarawas street, close to the P. Ft. W. & C. R. R., the victim having ejected the defendant out of his place of business. The defendant, after making some preparation, again appeared and, when ordered out, struck with a sharpened knife, cntting the throat of Grether, who died very shortly thereafter. The prosecution was conducted by Hon. John C. Welty, as prosecutor ; the defendant’s counsel were A. L. Jones and J. S. Hudson. The first Stark county prisoner convicted of murder in the first degree to pay the penalty by electrocution in the state penitentiary, was James W. Cornelius, executed June 28, 1907, for the murder of his wife, Estella Cornelius, on September 17, .1906. County Prosecutor C. C. Upham, assisted by R. C. McCulloch, represented the state in the Cornelius case, and the defendant’s counsel were John C. Welty and John W. Albaugh. On the night of April 6, 1910, one Cletus Willaman, who was stopping for the night with Warren E. Koons and family, consisting of Mr. Koons, his wife and a small boy about ten years of age, murdered both Mr. Koons and his wife by shooting and by beating them with a brick. The Bench and Bar of Northern Ohio – 135 The boy was beaten and evidently left for dead by the murderer, but about ten o’clock of the next forenoon he regained consciousness, made his way down stairs in his night clothes, reached the house of the next neighbor and informed him of what had taken place. The murder was one of the most brutal that ever took place in the county, as well as the most skillfully and cunningly planned. Mr. Koons and his wife, who lived in Canton, had partially raised the wife of Willaman, and shortly before the murder Willaman and his wife resided in Jackson township. Willaman had become interested in some land venture in Montana, and was in need of money. He had given out that he was going to Montana to take up his land, and had made arrangements to leave on the morning of April 6, 1910. After bidding his wife good-bye, he was driven to Massillon where he purchased a ticket for Montana, and took the west bound train for Chicago. It developed upon investigation that instead of using his through ticket purchased at Massillon, he paid a cash fare to Crestline, where he left the train. The same evening he took a train eastward, reaching Canton about nine o'clock, and he immediately went to the Koons home where he was given his supper and bed for the night. After the commission of the deeds, he went to the west end of the city to a grove where he attempted to remove the blood stains from his garments. About day-break he took the early street car back into the city, going immediately to the Pennsylvania depot and taking the westbound Chicago train. It being daylight by this time, he was recognized by one or two persons in the car, but who at that time, of course, knew nothing about the murders. The information given by the boy upon regaining consciousness was that Willaman had been at the house during the night and had shot Mr. Koons and killed Mrs. Koons, and that he struck at him with a brick. The trail was immediately taken up and Willaman arrested about the middle of the afternoon on the train a short distance out of Chicago. His baggage on being opened revealed his bloody garments. The motive of his crimes was robbery, as the trunks and places of keeping valuables in the Koons, home were all gone through by the defendant in the hope of securing money, which it was supposed Mr. Koons had in the house. The defendant, Willaman, was indicted for murder in the first degree, there being .two indictments returned. He was tried upon the indictment for the murder of Warren E. Koons, convicted, and electrocuted on July 28, 1911. The prosecution of the defendant, Willaman, was conducted by Charles Krichbaum, prosecuting attorney, and his assistant, Hubert C. Pontius ; the defendant was represented by C. C. Upham and M. J. Braucher. The last conviction in Stark county for murder in the first degree was that of Charles Burnetti. for the killing of one James O,Brien, at Brewster. Both Burnetti and O,Brien were persons known in criminal parlance as "yeggs." The murder took place at their camping place along the railroad, at night, the defendant striking his victim with a large board over the head, while he was asleep, killing him instantly. The defendant made little effort to excuse his act or secure conviction of a crime less than murder in the first degree. He was prosecuted by 136 - The Bench and Bar of Northern Ohio Frank N. Sweitzer, representing the state, and was defended by M. J. Braucher. The murder took place on June 19, 1917, and the defendant was electrocuted on February 1, 1918. One of the more important murder cases tried .before the courts of the county, was that of the State of Ohio vs. Amelia Richardson for the alleged murder of her husband, Edward Richardson, by shooting him with a pistol in the left temple, on the 16th day of January, 1876. The accused and her husband were residents of the city of Massillon. A special grand jury of the county returned an indictment against the accused and she was placed on trial November 28, 1876. The trial lasted until the 23rd day of December when a verdict of manslaughter was returned by the traverse jury. The state was represented by the prosecutor, Hon. Robert S. Shields, Wm. A. Lynch and Wm. R. Day the defendant by Hon. John McSweeney, Hon. Seraphim Meyer, and Pease & Ricks, of Massillon. It was one of the most strenuously contested cases ever tried in the county court, much of the evidence being the testimony of medical experts. Another important murder trial, and one that excited nation-wide interest, was that of the State of Ohio vs. Annie E. George, indicted for murder in the first degree, for the alleged shooting of George D. Saxton in the early evening of October 7, 1898. The accused and the deceased had for a long time been having alleged questionable relations, resulting in a separation of the accused from her former husband, and out of which grew much litigation in the courts of the county. The deceased on the evening of the homicide had gone to the home of a woman who resided in the west end of the city of Canton, riding there on a bicycle, when, after dismounting from his wheel and about to step from the sidewalk, he was shot down, several balls entering his body and death resulting instantly. There were no known eye witnesses to the shooting. The accused was arrested the same evening of the murder, indicted for murder in the first degree, and placed on trial before a traverse jury of the county on April 3, 1899 ; the Hon. Isaac H. Taylor, presiding judge. Owing to the prominence of the deceased, and his family relations, the trial was given wide publicity, all the great newspapers of the day were represented by the different press associations of the country. .The trial lasted until the 28th day of April, when a verdict of "Not Guilty" was returned and the defendant discharged from custody. The state was represented by. Hon. Atlee Pomerene, prosecuting attorney, assisted by Hon. James J. Grant ; the defendant’s counsel being John C. Welty and James Sterling. The arguments of counsel to the jury and the charge of the court consumed four days. THE BENCH AND BAR OF JEFFERSON COUNTY BY JOSEPH B. DOYLE, Esq. Law Librarian, Jefferson County, Ohio WHILE Jefferson county can truthfully claim a few settlers as early as 1772, certain it is that when Congress on May 2, 1785, passed the act providing for the survey of lands northwest of the Ohio river there were several small settlements justly entitled to be called permanent, possessing what in those days was considered at least equal to title deeds—namely actual possession. Virginia having ceded her interest in the territory northwest of the Ohio to the Confederate government, Congress, on May 20, 1785, passed an act providing for the survey of seven ranges northwest of the Ohio river, which was the beginning of the public land system of the United States. These ranges included what are now the counties of Jeffei son, Columbiana, Carroll, Tuscarawas, Harrison, Guernsey, Belmont and part of Washington. In 1801 the surveys were extended northwardly to the 41st parallel, giving four additional townships in each range and continuing the survey to the southern boundary of the Connecticut Reserve. It had been the general impression that the original seven ranges extended to the 41st parallel, but researches by Prof. A. M. Dyer, curator of the Western Reserve Historical Society of Cleveland, proved that the northern boundary was originally 40 degrees, 38 minutes and 2 seconds, the line being afterwards changed as above stated. The Indian danger was not over, and to protect the surveyors and others then in this section, a military expedition of three companies was sent out and placed under command of Captain Hamtramck, of the regular army. The troops rendezvoused at the old Mingo town on the Ohio river at the mouth of Cross creek, and were inspected by Major North, who had been aide to General Frederick von Steuben during the American revolution. That officer evidently considered the plateau on the right bank of the river three miles above Mingo as a better location. Accordingly the soldiers were transferred thither, and in September, 1786, the building of a fort was begun, and named Steuben, after the major’s former commander. The winter of 17861787 was a busy one in this locality as attested by the diaries of different persons, and this may justly be considered as the first permanent settlement in the now state of Ohio. It was not, however, until July 29, 1797, that the Territorial government under General Arthur St. Clair, set off Jefferson as a separate county and definitely defined its boundaries. These boundaries as described in Governor St. Clair’s proclamation, began on the bank 138 - The Bench and Bar of Northern Ohio of the Ohio river where the western boundary of Pennsylvania crosses it, and down said river to the southern boundary of the fourth township in the third range, and with said southern boundary west to the southwest corner of the sixth township of the fifth range ; thence north along the western boundary of said fifth range to the termination thereof ; thence due west to the Muskingum river and up the same to and with the portage between it and the Cuyahoga river ; thence down the Cuyahoga to Lake Erie, thence easterly along the shores of the lake to the boundary of Pennsylvania and south with the same to the place of beginning. This included besides the present Jefferson, the counties of Ashtabula, Geauga, Portage, Trumbull, Mahoning and Columbiana, part of Cuyahoga, including most of what is now the city of Cleveland, with most of Summit, Stark, Carroll, Harrison and Belmont. The seventh judicial circuit, composed of the counties of Ashtabula, Belmont, Carroll, Columbiana, Geauga, Guernsey, Harrison, Jefferson, Lake, Mahoning, Monroe, Noble, Portage and Trumbull, covers, with some variation, about the same territory as the original county of Jefferson. In the meantime the town of Steubenville had succeeded Fort Steuben, and here the first court, called "The First General Quarter Sessions of the Peace for the County of Jefferson in the Territory of the United States," was held, in pursuance of a proclamation by Winthrop Sargent, secretary of the territory, acting in the absence of Governor St. Clair. Court assembled on November 2, 1797, with Philip Cable, John Moody and George Humphrey as judges, and on the first day of the term John Rolfe, James Wallace and Solomon Sibley were admitted to the bar. David Vance became associate judge the following year, Thomas Fawcett at the August term in 1799, William Wells in 1800, and John Martin in 1801, this being the composition of the court until 1803, when Ohio became a state. The first jury called was at the February term, 1798. It was composed of Philip Cahill, Shadrack Newark, Joseph Ross, r., K. Cahill, R. Pritchard, John Shrimplin, William Schritchfield, William Shrimplin, Thomas Harper, Aaron Hoagland, Robert Newell and Thomas Bendure. Its first case was John Jones, Jr., vs. James Hall, in which the plaintiff recovered $14.06 and costs. The court seems to have first met out of doors before a log fire, then in a private house, but soon it utilized a log structure built on two lots at the northeast corner of Third and Market streets, which on the laying out of the town had been denominated Public Square. This building had two stories, the upper one being used for religious meetings and other gatherings. At the August term John Moody and John Ward were appointed commissioners to contract for and superintend the repairing of the court house and "gaol," making the same fit for public use, at an expense of $40.00. On the 15th of the same month a deed was procured from Bezaleel and Sarah Wells, of Brooke county, Virginia, transferring this tract, 120 x 180 feet, for a court house, jail and other public buildings, the consideration being $5.00. On February 16th, John Kelley presented a petition asking the court to take testimony and make a statement to the U. S. secretary of the treasury concerning a forfeiture under the excise law. Kelley had brought two distilleries from Virginia to this county in 1795, and had distilled 11 bushels of rye without registering the stills. He claimed The Bench and Bar of Northern Ohio - 139 that he was unable to read writing and did not know where to register. On August 31, 1797, Collector Zenas Kimberly seized the stills, which were hidden in the woods. Thomas M. Thompson, Zenas Kimberly and C. Sample were admitted to the bar during 1798, Mr. Kimberly afterwards becoming a merchant in Warrenton, on the Ohio river. At the August term, 1798, the first indictment found in the county for murder was presented against William Carpenter, Sr., and Jr., father and son, for killing Captain White Eyes, son of the Delaware chief of that name, at West Point, now in Columbiana county. Young Carpenter, aged 17 years, was attacked by White Eyes, who was said to have been drunk, and had raised his tomahawk in a threatening manner. The boy ran, with the Indian in pursuit, when the former turned and shot him. The father was arrested for aiding and abetting the killing. There is no record of any trial, and a nolle prosequi was probably entered. White Eyes was the last Indian killed in Jefferson (or Columbiana) county, and in order to avoid trouble gifts were distributed among his relatives, his widow receiving $300.00. The court house needing further improvement in 1799, especially in the matter of furniture, it was ordered that the county treasurer pay John Ward and John Moody $200 to furnish said court house and gaol out of the first money in the treasury, if there is not already enough there for that purpose, and that they proceed as early as possible to have said building put in comfortable order. Silas Paul was admitted to the bar at the February term, 1800, and became the first prosecuting attorney under the new constitution in 1803. He resided on Wills creek, north of Steubenville, and presented a quaint appearance, carrying a staff, and having- his hair dressed in the queue. His salary was fixed at .$80.00 by the court at the August term, 1803. He died on August 15, 1857, leaving a number of descendants. At the same term, February 1800, it was ordered that John Sutherland be paid $1.00 for candlesticks and candles for use of the court. Obediah Jennings, of Belmont county, was admitted during February term, 1802. He afterwards became a Presbyterian minister, and removed to Kentucky, where he died. Robert Moore, John G. Hamilton and Joseph Penticost were admitted to the bar in 1803, and the following rates of taxation were ordered : One-half per cent on the appraised value of all mansion house lots, mills, etc. ; total assessment, $27,702 tax, $138.15. It will be noted that Jefferson county had been considerably reduced in territory by the creation of new counties. Tax for each house, 25 cents ; number of houses, 1,777 ; tax, $444.25 ; each head of cattle, 10 cents ; number, 2,788 ; tax, $278.80. A rule of the territorial court was that for every motion made in court and overruled, the attorney or the person making the motion should pay 25 cents. Whether this operated as a discourager of interlocutory proceedings or not does not appear. March 1, 1803, is now generally accepted as the date at which Ohio became a state. John Milligan, Rudolph Bair, George Humphrey, Nathan Updegraff and Bezaleel Wells represented Jefferson county in the convention which organized at Chillicothe on November 29, 1802, at which the first constitution was adopted. Under that constitution each county was provided with a common pleas court consisting of a presiding judge, with not more than three or less than two associates, who 140 - The Bench and Bar of Northern Ohio were appointed by the general assembly for a term of seven years. The state was divided into three circuits, and a judge, who was to preside in the several counties of his district, was appointed for each circuit, Jefferson county being in the third. The other counties composing this circuit were Washington, Belmont, Columbiana and Trumbull. Calvin Pease, 27 years of age and more youthful in appearance, was chosen by the legislature as presiding judge of the circuit, and with Philip Cable and Jacob Martin as associates, opened the first state court at Steubenville on August 2, 1803. Among matters coming before the early state courts was an act passed by the general assembly on February 12, 1805, providing that justices of the peace should have final jurisdiction in civil cases, to the amount of fifty dollars ($50.00), without the right of trial by jury. Judge Pease decided the law was unconstitutional, and the general assembly endeavored without avail to impeach the jurist. A full account of the proceedings is given elsewhere. Judge Pease resigned at the close of December term, 1809, and afterwards sat on the supreme bench. James Pritchard and Thomas Patton were associate judges during this period. County prison bounds were established on August 11, 1806, and imprisoned debtors were allowed to travel within these bounds upon giving bond that they would not depart therefrom without leave of court. There was a whipping post on the public square, the last record of its use being dated August 11, 1810. Charles Johnson was convicted of stealing a ham from the smokehouse of Bezaleel Wells, and sentenced to be whipped nine stripes on his naked back. Also that he pay $4.00 to Mr. Wells, and a fine of $10.00 and costs, to be confined in jail nine days and stand committed until the money judgment was paid. Judge Pease was succeeded by Benjamin Ruggles, of Belmont county, at the April term, 1810. His associates in Jefferson count' were Andrew Anderson, Joseph McKee, Thomas Campbell, John Milligan, James Moores, Robert Gilmore and Samuel McElroy. At the close of November term, 1814, he was succeeded by Dr. George Todd, of Belmont county, who completed the unexpired term. Hon. Benjamin Tappan took his place on the bench at June term, 1816, where he made a lasting reputation. Judge Tappan’s ancestors came from Yarmouth, England, in 1637 and settled in Massachusetts, Northampton being his birthplace. He was born on May 25th, 1773, and in his earlier days was a printer and portrait painter. Admitted to the bar at Hartford, Conn., about 1798, he came to Ohio the next year, and was the first white settler in what is now Portage county. He married Miss Nancy, sister of Hon. John C. Wright, at Weatherston, Conn., in 1801, and came to Steubenville with her in 1809. At the expiration of his judicial term in 1823 he resumed the practice of law, and was subsequently appointed United States judge by President Jackson, but held the position only a few months, the Senate refusing to confirm his appointment. He was a strong Democrat, and on December 20, 1838, was elected United States Senator from Ohio, receiving 57 votes in the legislature to 50 for Thomas Ewing, Whig, and one blank. His term. of six years ended in 1845, and on returning home he entered into law practice with Hon. Edwin M. Stanton. He finally retired, and died in 1857, leaving two sons, Dr. Benjamin Tappan, The Bench and Bar of Northern Ohio - 141 a prominent Steubenville physician, and Professor Eli T. Tappan, at one time superintendent of the Steubenville public schools, and afterwards president of Kenyon college and state school commissioner, both deceased. While on the bench Judge Tappan published a report of his decisions which is still frequently consulted and recognized as authority in Ohio courts. The presiding judges, until the adoption of the new constitution in 1851, were Jeremiah Hallock, of Jefferson, beginning in 1823 ; John Humphrey, of Belmont, 1830 ; George W. Belden, of Stark county, 1837, ending in 1839, when the legislature placed him in another district ; he died about 1879 ; William Kennon, of Belmont, 1840 ; Benjamin S. Cowen, Belmont, 1847. The associates were Thomas George, beginning March 25, 1822 ; James Wilson, April 26, 1824 (two terms) ; Anderson, May 1, 1824 (two terms) ; John England, May 6, 1833 ; John S. Cock, April 5, 1836 (two terms) ; Nathaniel Dike, February 7, 1838 Samuel McNary, March 30, 1839 ; William Sutherland, November 19, 1842 ; William McDonald, March 20, 1843 ; James Mitchell, August 20, 1844 ; John Cook, April 14, 1846 ; Samuel D. Hunter, March 14, 1850. James Wilson, mentioned above, was editor of the Steubenville Herald from 1815 to 1840. He died in 1850, and with his wife is buried in the Union cemetery at Steubenville. He had a family of ten children, one of them, Joseph Wilson, becoming a Presbyterian minister. He settled in Staunton, Virginia, where on December 28, 1856, Thomas Woodrow Wilson, ex-President of the United States, was born. During the entire period ranging from 1802 to the adoption of the new constitution, fifty years later, the Jefferson county bar was composed of men of exceptional strength and ability. Reference has already been made to Judge Tappan, who had an able contemporary in the person of Hon. John C. Wright, his brother-in-law, who was born at Weatherston, Conn., and came to Steubenville about 1810. He married Miss Collier, and in 1820 was elected to Congress, which office he held until succeeded by John Goodenow in 1829. He then occupied a seat on the supreme court bench until 1835. He published a volume of supreme court decisions during the period that the judges held court in the different counties, which is cited more frequently perhaps than any other volume of state reports. Opening an office in Cincinnati, he practiced law there for several years, and was one of the editors of the Gazette in that city. During the winter of 1860-61 he was appointed a member of the peace conference at Washington, in an unsuccessful effort to avoid the impending Civil War, and died on his way home, aged about 78 years. John M. Goodenow was born in Vermont, and married Mrs. Sallie Campbell, sister of Judge Wright, in 1813, coming to Steubenville soon thereafter. Soon after arriving here he had a dispute with his brother-in-law, Judge Tappan, resulting in a slander suit in which he was victorious. Soon after he became a supreme court judge and in 1828 defeated his other brother-in-law, Judge Wright, for Congress. He resigned near the end of his term, and was appointed minister to Colombia. On his return he was elected common pleas judge in Cincinnati and subsequently went to Texas, stopping a while at St. Clairsville, but soon afterwards returned to Cincinnati. where he died in indigence. James Collier was born in Litchfield, Conn., in May, 1789; He lived awhile at Ithaca, New York, and came to Steubenville in 1820. 142 - The Bench and Bar of Northern Ohio where he studied law and was admitted to the bar. He was an active Whig and aspired to the gubernatorial nomination, but was defeated by Thomas Corwin. Afterwards he became prosecuting attorney, and was a delegate to the national convention which nominated Taylor in 1848. In the spring of 1849 he was appointed first collector of the port of San Francisco, traveling overland to his destination through a country almost unknown, and escorted to his destination by a detachment of United States cavalry. On his return he became president of the Citizens bank, a local institution which became insolvent in 1859. Colonel Collier was adjutant of Colonel Bloom’s New York regiment in the war of 1812, and was present at the battle of Queenstown Heights. He promptly volunteered at the outbreak of the Civil War, and accompanied the troops to Harrisburg, Pennsylvania, when, on account of his age, he was persuaded to return. He commanded a local detachment for a few days during the Morgan raid of 1863, and died February 2, 1873, age 84 years. Daniel L. Collier, brother of James, was born at Litchfield, January 15, 1796. He arrived at Steubenville in 1816, having descended the Allegheny and Ohio rivers on a raft. Studying law, with his brother-in-law, Judge Wright, he was admitted to the bar in 1818. In 1823 he married Miss Hetty Larimore, of Washington, Pennsylvania, by whom he had nine children. Removing to Philadelphia in 1857, he became president of the Presbyterian board of publication and director in several other corporations, dying March 30, 1869. General Samuel Stokely, born in western Pennsylvania on January 25, 1796, graduated at Washington (Pennsylvania) college, and came to Steubenville about 1816. He was admitted to the bar the following year, and later purchased the Bezaleel Wells homestead known as "The Grove," in the southern end of the town, where he and his descendants resided for about seventy years. Appointed United States land receiver in 1828 ; Senator in the 36th general assembly, 1837-8 ; member of Congress, 1841-3, and general of militia. He died May 23, 1861. His son, Mount ford S., also a member of the bar, was killed by a railroad locomotive on New Year’s Day, 1902. Roswell Marsh was born at Quechee, Vermont, in 1793, came to Steubenville in 1821; studied with General Stokely and was admitted in 1823. He practiced law for fifty years, his white locks and venerable appearance making him a conspicuous object. In 1840 he went to the legislature for one term and volunteered in 1861, but his age and infirmities prevented active service. He was afterwards appointed on a commission to investigate claims for losses sustained in Missouri during the rebellion. Judge Hallock was born in Connecticut, coming west in 1815. He served a term as prosecuting attorney, and afterwards took up farming, dying in 1847. Hon. Humphrey H. Leavitt came from northern Ohio about 1820, studied law here, and became prosecuting attorney. In 1826 he was elected state senator, and served two terms, followed by two terms in Congress, 1830-34. Being a personal friend of President Jackson, he was appointed. United States district judge for Ohio, and when the state was divided in 1855 he remained judge of the southern district and removed to Cincinnati. He resigned in 1871 and went to Springfield, Ohio, and in 1872 he was a prominent member of the The Bench and Bar of Northern Ohio - 143 world’s convention on prison reform assembled in London, and died on March 15, 1873. Colonel W. R. Lloyd was born at Chillicothe, December 3, 1818. He studied with Judge Pearce at Carrollton, and after a term as clerk of court removed to Steubenville and formed a partnership with Hon. John A. Bingham, of Cadiz, afterwards becoming probate judge. He resigned to become lieutenant colonel of the Sixth Ohio Cavalry, recruited in Warren county. Returning home he resumed his law practice, and died November 9, 1877. Colonel George P. Webster was born in Butler county, Ohio, removing to Hamilton in 1841, where he became county clerk. He was admitted in 1846, and entered the Mexican war, receiving a wound in his shoulder at the storming of Monterey. He afterwards removed to Steubenville, where he served two terms as clerk of courts, and became a partner of Martin Andrews, who was a prominent attorney of this period. On the outbreak of the Civil War he actively engaged in raising troops, and became colonel of the 98th Volunteer Infantry. While commanding the 34th Brigade, Jackson’s division, McCook corps, he was mortally wounded at the battle of Perryville, Kentucky, on October 8, 1863. His funeral cortege was one of the largest ever seen in Steubenville. J. H. S. Trainer was born at Lancaster, Pennsylvania, January 22, 1826, and came with his parents to Springfield township, Jefferson county, when he was ten years old, assisting his father on the farm and attending country school until he was 17. He completed the course at New Hagerstown academy in 1849, and after studying law with Hon. T. L. Jewett at Cadiz, was admitted to the bar at Steubenville, April 7, 1848. He formed a partnership with Judge Stewart, of Mt. Gilead, and subsequently removed to Carrollton, where he was associated with Judge Belden, of Canton, which terminated on June 20, 1850. He then opened an office in Wellsville until April 1, 1853, when he removed to Steubenville and formed a partnership with George W. Mason, which continued nine months. In May, 1862, he associated with Robert Martin, and subsequently with James F. Daton, Milton Taggart, John McClave, John M. Cook, James F. Bigger and his son, John W. Trainer, now of Washington, D. C. His death occurred on May 11, 1901. One family of eastern Ohio has become specially noted for the active careers of its members in both legal and military circles. But we are limited in such a history as this to portrayals of activities of members of the family who are noted because of their legal ability, and the military men of the family will be omitted from the biographies. We refer to the descendants of George McCook, born in 1750, and died in 1822, and his wife, Mary McCormick McCook, born in 1763 and died in 1833. Members of this family and descendants lived for a while in what are now the three counties of Jefferson, Columbiana and Carroll, finally scattering all over the country, but regarding Steubenville as their home town, and where descendants still reside. In order to avoid repetition, the career of the family is given in outline at this point. George and Mary McCook, mentioned above, finally made their home at New Lisbon (now called Lisbon), where they died and were buried. To them were born three sons, George, Daniel and John. 144 - The Bench and Bar of Northern Ohio George and Daniel married two sisters, Margaret and NI artha Latimer. Daniel McCook had eight sons and two daughters, the eldest son, Latimer, was born in Canonsburg, Pennsylvania, and died while in western service in 1885. The second son, George W., was also born in Canonsburg, July 21, 1822, corning to Columbiana county with his parents while quite young. When he was nine years of age the family moved to Carroll county. The boy afterwards attended New Athens college and studied law with Edwin M. Stanton at Steubenville. On his admission in 1843 his preceptor took him into partnership, a relation that continued until the outbreak of the Civil War. He became an active politician and was prominent in the councils of the Democratic party. On the outbreak of the Mexican war, a company of volunteers was formed in Steubenville, of which he was elected captain. After seeing good service, they were mustered out on July 3, 1847. Resuming his law business, he was elected supreme court reporter in 1852, preparing the report for that year, and the following year was elected attorney general. He was renominated in 1858, but was defeated by the Republican candidate. Attending the national convention, he nominated John C. Breckinridge for vice president in 1856, and Horatio Seymour for president in 1868. During the war of the rebellion he was appointed by Governor Dennison to look after the interests of Ohio troops, having charge of the 126th Infantry and 157th Ohio National Guard or hundred-day men. He was the Democratic candidate for governor in 1871, but was defeated by Gen. E. F. Noyes, the Republican candidate. Most of his law practice in later years related to railroad corporations in which he was interested. He died in New York, December 28, 1877, leaving three children, George W., Jr., Robert and Hetty B., the last-named becoming the. wife of General Anson G. McCook, noted below. His son George succeeded to his father's business affairs, which he successfully carried on until his death, October 24, 1910. Three sons and two daughters survived him. Francis, the eldest, while preparing for the legal profession at Harvard university, was called home to organize a volunteer company for the German war. Entering the service, he was fatally wounded in the Argonne offensive, dying in a hospital October 7, 1918. His degree had been forwarded to him previous to his death. General Robert L. McCook was born in New Lisbon, December 28, 1827. He studied law with Hon. E. R. Eckley, of Carrollton, and subsequently with Stanton & McCook, at Steubenville, where he began his practice. He removed to Columbus and afterwards to Cincinnati, where he gave up a large business to take part in the Civil War. After a brilliant military career he was assassinated by guerrillas while lying wounded in an ambulance near Selma, Alabama, on August 6, 1862. Daniel McCook, Jr., was born in Carrollton, July 22, 1834, and graduated from college at Florence, Alabama, in 1858. After studying law with his brother in Steubenville, he was admitted here, and soon after moved to Leavenworth, Kansas, where be became a member of the firm of Ewing, Sherman & McCook. He volunteered at the outbreak of the Civil War, becoming colonel of the 52nd O. V. I., a Jefferson county regiment, and he fell mortally wounded at the battle of Kenesaw Mountain, June 27, 1864. He was brought to the home of his brother in Steubenville, where he died on July 17th, having been breveted brigadier-general the day before his death. The Bench and Bar of Northern Ohio - 145 The eighth son was Captain John J. McCook, who early in his professional career moved to New York, where he soon rose to prominence as a leading attorney, even in that commercial metropolis. He died at Seabright, N. J., September 18, 1911, at the age of 67 years. During the Morgan raid through Ohio in the summer of 1863, Major Daniel McCook, father of the eight sons mentioned, headed a party of volunteers from southern Ohio, which attacked the raiders on July 19. In this conflict Major McCook was killed, and although only a volunteer, was accorded a military funeral at Cincinnati. Edward, eldest son of Dr. John McCook, was born at New Lisbon on June 15, 1833. He went to Kansas and practiced law ; becoming a member of the legislature. He entered the Civil War as major of the Second Indiana Cavalry, and rose to the rank of major-general. After the war he was appointed minister at Honolulu, and subsequently governor of Colorado territory. General Anson G. McCook was born at New Lisbon, October 10, 1835, and studied law in the office of Stanton & McCook in Steubenville. On the publication of President Lincoln’s proclamation in 1861, he raised a company of volunteers in that city, the first from eastern Ohio, which became part of the 2nd regiment 0. V. I., doing good service at the battle of Bull Run. He rose to the rank of colonel, and was brevetted brigadier-general. After the war he returned to Steubenville, and was appointed deputy revenue assessor, which he filled until the office was abolished in 1872. He then removed to New York, and carried on the publication of a daily legal journal, which was a financial success. He was elected to Congress from the eighth New York district as a Republican, although the district had heretofore been Democratic, and subsequently became secretary of the United States Senate. He died in 1917, and was buried at Steubenville. During the formative period when eastern Ohio was practically the frontier it was natural that leaders of the bar should at first have been born and received their early education in the older communities. We have seen, however, that a majority of the McCook family first saw the light in this section, and we now come to those whose nativity is reckoned within the present boundaries of Jefferson county. First in the position which he occupied in national affairs we may reckon Edwin McMasters Stanton, the giant, secretary of war during Lincoln’s administration. Biographies by Gorman, Flower and Doyle have presented his private life and public services in greater or less detail, and it is not necessary to here do more than give an outline portrayal of this man's character and his invaluable devotion to his country. Mr. Stanton’s ancestors were Friends, or Quakers, who emigrated from inhospitable New England to North Carolina about the middle of the 18th century. His grandparents, Benjamin and Abigail Stanton, resided near Beaufort, North Carolina, his grandmother being a descendant of Thomas Macey, immortalized in Whittier’s poem, "The Exiles." In 1800 Mrs. Stanton with her family removed to Mt. Pleasant township, Jefferson county, her husband having died after making a will freeing his slaves whenever the North Carolina law would permit. Some of these negroes came with Mrs. Stanton to Ohio, when they, of course, became free, and some of their descendants still live in the southern end of the county. Miss Lucy Norman, a native of Culpepper, Virginia, had come to Mt. Pleasant with her mother, and after the lat- 146 - The Bench and Bar of Northern Ohio ter’s death made her home with Mrs. Stanton. Between her and Mrs. Stanton’s oldest son David, who had studied medicine, an attachment sprang up which resulted in marriage and removal to the growing town of Steubenville. Here on December 19, 1814, the subject of our sketch was born, in a building on upper Market street, which stood until a few years ago, when it was razed to make room for a new business block, lately occupied by the Chamber of Commerce. Dr. Stanton shortly after purchased a brick dwelling on North Third street, still standing but considerably altered, where the future secretary’s boyhood days were spent. The building was used for social service and Red Cross headquarters during the German war. Dr. Stanton died suddenly on December 30, 1827, and Mrs. Stanton’s circumstances being straitened the boy was thrown largely on his own resources. He became a clerk in the book store of James Turnbull on Market street in the summer of 1828, and in the spring of 1831 entered Kenyon College, at Gambier, Ohio, remaining there until the fall of 1832. A professorship in memory of that period of his life has been endowed by Andrew Carnegie, and a fine oil portrait, the work of Charles P. Filson, of Steubenville, was presented by the late Colonel John J. McCook. On leaving college he clerked in Mr. Turnbull’s branch store in Columbus, when he returned to Steubenville and studied law with his guardian, Daniel L. Collier. His first case was at St. Clairsville, Belmont county, in August, 1835, and January 1, 1836, he went to Cadiz and entered into partnership with Chauncey Dewey, of whom more will be written later. On December 31st he was married to Miss Lamson, of Columbus. The couple came to Steubenville by sleigh. From 'Steubenville he journeyed to Virginia after his mother, who had spent some time at her old home. Two children were born of this marriage, both deceased. He was elected prosecuting attorney of Harrison county, but returned to Steubenville in 1838 to look more closely after his practice which had always been retained there. A partnership was formed with Hon. Benjamin Tappan, and he entered actively into politics as a Jacksonian Democrat. He was chosen supreme court reporter by the legislature from 1842 to 1845, and published volumes 11, 12 and 13 of the Ohio Reports. His first home on returning to Steubenville, was on the west side of Third street above Washington, and subsequently the Andrews property corner of Third and Logan streets now owned by heirs of Dr. E. Pearce, where his wife died. In 1840 he was mentioned for presiding judge, but declined to consider it. As delegate to the National Democratic Convention in 1840, which nominated Van Buren, and state conventions in 1841 and 1844, he continued actively in politics, although he did not agree with all the tenets of his party. In 1845 he successfully defended Caleb McNulty, clerk of the house of representatives, charged with embezzlement, and his practice was assuming such proportions that he opened an office in Pittsburgh in 1847, forming a partnership with Hon. Charles Shaler. The Steubenville office was still retained in partnership with Colonel Geo. W. McCook. His business before the supreme court of the United States became so extensive that he removed to Washington in 1856, and two years later he was sent to California by the government to investigate Spanish land claims. It is conceded that by his untiring energy and vigilance he saved the government millions of dollars, including the site of the present city of San Francisco. He defended The Bench and Bar of Northern Ohio - 147 Daniel E. Sickles in the Key murder trial, and saved his client by his skill and eloquence. He met Mr. Lincoln for the first time that same year in the United States court at Cincinnati, and in December, 1860, he was nominated attorney general by James Buchanan to succeed Judge Black, whose vacillating course was fanning the flames of the incipient rebellion to a white heat. With Stanton's advent all this was changed, and the firm stand taken by him on loyalty to the government prevented the collapse which was threatened between January 1 and March 4, 1861. With the accession of the new administration he resumed the practice of his profession, but kept an eye on public affairs. Those of mature years will remember the summer of 1861. The Union forces had been overwhelmingly defeated at Bull Run and were gathered around Washington, where McClellan was drilling and complaining, but never accomplishing anything. It seemed a question as to whether the government would collapse through pure inanition or be overthrown by a Confederate victory. Corruption and incompetency prevailed in army circles, until on January 11, 1862, the country was electrified by the announcement that Edwin M. Stanton had been selected by Mr. Lincoln as secretary of war. This was possibly the greatest act performed by that great man, not even excepting the emancipation proclamation. Mr. Lincoln had no reason to cherish pleasant recollections of. Stanton. In a Cincinnati case he had been treated very brusquely by. that gentleman. and during the early days of his administration .he had been denounced by Stanton in terms which even a most fervid patriotism could not justify. A smaller man would have remembered all this, and appointed Judge Holt. or some other war Democrat. who would have been acceptable to the people. But Lincoln knew that Stanton, whatever may have been his faults, was loyal to the core, of a keen analytical mind, of humble minded integrity and possessed a fund of energy, which would be devoted to the services of his country while life should last. No considerations weighed for a moment beyond the preservation of the Union. All things considered, President Lincoln believed the appointment of Stanton to be the best that could be made, and in this conclusion he was abundantly justified by subsequent events. Stanton's after life is a history of the war itself, and time and space prevent going into details of how he brought order out of chaos, watched traitors in the rear and the enemy in front, managed the furnishing of supplies and disciplining of incompetent or lukewarm generals ; in short, hearing on his shoulders staggering war burdens. He and .President Lincoln were not long in understanding each other, and a more than brotherly affection grew up between them. On the assassination of Lincoln in 1865 Stanton practically took charge of the government, and was requested by Vice President Johnson, then acting president, to continue in office. Differences soon arose, however, concerning reconstruction and other measures, with the result that on August 5, 1867, Mr. Johnson demanded his resignation. This was refused at the request of members of Congress, who feared that results obtained by victory in the field would be nullified by the administration if Stanton were not there to hold matters in check. Congress had passed what was known as the tenure of office act to secure Mr. Stanton's retention; although he did not desire such action, and in the end it proved ineffec five. On August 12th Mr. Johnson suspended Stanton and appointed General Grant secretary of war. ad interim. He obeyed under protest, 148 - The Bench and Bar of Northern Ohio and when on January 13th, following, the senate refused to confirm a successor, General Grant at once vacated, and turned the office back to Stanton. Johnson then appointed General Lorenzo Thomas secretary pro teen but Stanton now held the fort, staying there day and night, although Thomas attended cabinet meetings as "dummy" secretary. Articles of impeachment were brought against Johnson, but the vote failed of the necessary two-thirds, it standing 35 for to 19 against. Although the country sided with Stanton in this contest, yet after all the nation seemed to breathe more freely over the fact that a president of the United States had never been impeached. A change of one vote would have affected the result, and it has been stated on good authority that a couple of senators who otherwise would have voted for impeachment refrained from doing so with the understanding that Stanton's successor should be thoroughly loyal, and that there should be no question concerning the political results of the war. On learning the result on May 26th, Mr. Stanton resigned, and General Schofield, a loyal officer, was appointed his successor. Mr. Stanton retired from office with shattered health and broken fortunes. He had controlled millions but had even paid government bills from his own lean purse. The senate in confirming his successor adopted a resolution setting forth that Stanton had not been legally removed, but had resigned his office, and both houses of Congress subsequently adopted a resolution of thanks for the great ability, purity and fidelity with which he had discharged his duties. He took up again the practice of his profession, .but his broken health rendered this very difficult. Mr. Stanton visited his home in Steubenville once during the war, and on September 25, 1868, addressed a meeting there in advocacy of General Grant's election to the presidency. While here he spoke of his approaching end, and expressed a desire to be buried in Union cemetery, a wish that was never fulfilled. On December 20, 1869, he was nominated by General Grant to a place on the supreme court bench and was immediately confirmed by the senate. but never took his seat. He died on December 24 before his commission was prepared, which was afterwards delivered to his widow, formerly Miss Ellen Hutchins, of Pittsburgh. Mr. Stanton, notwithstanding his apparent sternness, had a strong religious feeling, but probably on account of the traditions of his Quaker ancestry he had never been baptized into any church. Early in 1869, however, he sent for his old preceptor, Rev. William Sparrow, then at the Virginia Theological Seminary, and received the sacrament of baptism. Soon after he was prepared for confirmation by Rev. Thomas A. Starkey, who had lately come to Washington from Trinity Church, Cleveland, but died before the administration of this rite. By the request of the family a proposed public funeral was abandoned, and the simple service provided by the Book of Common Prayer, held at the family residence on the 27th. The pallbearers were Secretary of War Belknap, Postmaster General Cresswell, U. S. Senators Carpenter, Sumner, Chandler and Edmunds, Representatives Judd and Hooper, Justices Swayne and Carter, Generals Barnes and Townsend, Major Eckert and Hon. E. Pierrepont. Major Eckert had brought the secretary's mother from her home in Steubenville. Thousands viewed the procession to Oak Hill cemetery, where the body was laid to rest. The Bench and Bar of Northern Ohio - 149 Congress and civic bodies allover the country gave expression to the sorrow and appreciation of him of whom it might have been said as of Pitt, another great statesman : "As soon as he took the helm the steadiness of the hand that held it was instantly felt in every motion of the vessel. There was no more of wavering, of torpid inaction, of witless expectancy, of abject despondency. His firmness gave confidence, his spirit roused courage, his vigilance secured exertion in every department under his sway." Mr. Stanton's two sons, Edwin and Lewis, survived him. The former died at the age of 35, and was buried at Steubenville on September 15, 1877, and the latter is a New Orleans banker. His two daughters are Mrs. W. P. Chamberlain, of Coronado Beach, California, and Mrs. H. Habersham, of Monroe, Mass. Mrs. Tracy Stanton, his mother, died at the age of 80 years, and was buried by his father in Union cemetery, Steubenville, on November 8, 1873. On March 7, 1893, the Wells Historical and Centennial Society was organized for the collection of early historical data and especially to observe the centennial of the first public sale of lots in the town of Steubenville, which occurred on August 25, 1797. As a result there was held a three days' celebration, the first, August 24, 1897, was designated a Stanton Day in honor of the town's greatest citizen. A long procession, after traversing the principal streets, halted in front of Stanton's birthplace where an appropriate tablet, the gift of the county's school children, had been placed. The orators of the day were the late Hon. R. W. Tayler and. General Daniel E. Sickles, and this was followed by a local bar .meeting in the evening. Early in 1906 Eliphalet F. Andrews, a leading artist of Washington, D. C., but a native and resident of Steubenville for many years, proposed to present to the local bar association a life size portrait of Mr. Stanton, to be hung in the court room. The gift was accepted, and the portrait dedicated on April 14th, the anniversary of the fall and rehabilitation of Fort Sumpter. During that same year a large portrait of Colonel George W. McCook, the work of Charles P. Filson, was presented by the McCook family, which was unveiled on August 29th. These proceedings gave impetus to a movement inaugurated long before for the purpose of erecting a monument to the great war secretary in his native city. On August 11, 1897, papers of incorporation were issued to the Stanton Memorial Association, and a fund was started to carry out the object named. Alexander Doyle, a native of Steubenville, then residing in New York, the sculptor who had designed the monument to Francis Scott Key at Frederick, Maryland, the Garfield statue in the Cleveland mono- ment, and others to prominent men in different parts of the country, tendered his services as a tribute to his fellow townsman. The matter dragged until after the celebration above mentioned, when it was taken up with renewed energy and carried to completion. It was not, however, until the summer of 1911 that it was placed in position at the ,main en- trance to the court house, rising from an ascent of six broad steps, expanding into a platform 15 feet 8 inches by 9 feet. A sandstone block 3