150 - The Bench and Bar of Northern Ohio feet 8 inches high by 5 feet 8 inches front and 6 feet deep supports a pedestal of red Westerly granite about 5 feet in height. On this are two bronze wreaths and two inverted torches signifying that the light has been turned down, with the following inscription : EDWIN McMASTERS STANTON Born in this city, December 19, 1814 U. S. Attorney General, 1860-1861 Secretary of War, 1862-1868 Justice U. S. Supreme Court, 1869 Died December 24, 1869 Erected 1911 Above this are the bronze plinth and statue, the latter eight feet in height, considerably above life size. The left arm hangs almost straight down, but detached from the body, holding his notes or manuscript, while the right arm is bent upward with his hand over the breast, indicative of presenting an argument. The head erect, turned slightly to the left, with Stanton's characteristic spectacles. There is a low pedestal at the side, draped with an American flag. At the feet rests a book on which lies a scroll. The bronze figure weighs 1;800 pounds, including the plinth, and the full height with base, etc., is practically eighteen feet. In the meantime three additional portraits had been added to those in the court room, that of Judge Tappan, by Mr. Andrews, and Judges Wright and Cook by Filson. In order that all these memorials might be suitably dedicated and turned over to the county it was decided to have a grand home coming week, beginning with exercises in the different churches on Sunday, September 3rd. The 8th regiment, Ohio National Guard, and 1st battalion, 26th United States Infantry, had already arrived on Saturday evening, and the city was en fete with banners, illuminations and decorations of every sort. Monday was observed as Lab& Day. There was a large procession and later a gathering in front of the court house. Addresses were delivered by M. N. Duvall and Hon. Samuel Prince, of New York. The evening was devoted to music and dancing. Tuesday was fraternal day, with fully 6,000 persons in floats, on horseback and on foot during the morning parade. Education was represented by a large attendance at the Wells Auditorium. In the afternoon Superintendent R. L. Erwin presided, and addresses were made by President William F. Peirce, of Kenyon college, Booker T. Washington, of Tuskegee, and General Sickles. Dr. Washington spoke at Quinn A. M. E. Church in the evening. At the dedicatory exercises for the court room portraits on Tuesday evening, Hon. J. Dunbar presided. Invocation was offered by Rev. G. B. Smith, and addresses were made by William R. Alban, J. H. Paisley, Hon. R. G. Richards, Hon. J. A. Mansfield and Addison c. Lewis, Esq. Wednesday was devoted to veterans of the Civil War. A reunion was held at Turner Hall, since burned, after which the soldiers marched to the Imperial Hotel, where they paid respects to Generals Grant, Miles and Sickles. Returning to the hall, Captain J. M. Morrow presided, with speeches by Hon. J. R. Johnson, of Youngstown Hon. John L. The Bench and Bar of Northern Ohio - 151 McElroy, editor of the National Tribune, Washington, D. C. ; General H. A. Axline and Erasmus Wilson. A parade of decorated automobiles (still somewhat a novelty), with an industrial exhibit, occupied the evening, which closed with a band concert in front of the court house. A grand military parade was the feature of Tuesday morning, and at 1:30 p. m., a crowd of not less than 20,000 people assembled in front of the court house to take part in the exercises attending the unveiling of the monument. Hon. Frank H. Kerr presided and addresses followed by Hon. Carl H. Smith, Governor Judson Harmon, General Fred D. Grant, monograph by David Homer Bates read by John C. Hatter, General Daniel E. Sickles, Senator Atlee Pomerene and General Nelson A. Miles. On the platform were Lewis H. Stanton, son of the secretary, Edwin M. Stanton and Stanton Habersham, grandsons, Mrs. Cora S. Jahncke, granddaughter, who unveiled the statue, and her husband, Ernest L. Jahncke. The greatest week in the history of Steubenville, closed with a grand military ball. Before leaving the city, Mr. Jahncke closed a commission with Mr. Filson for a large portrait of 'the secretary, which now hangs in the residence of his father-in-law in New Orleans. A few weeks after the above described celebration, and doubtless inspired by its success, Mr. Andrews addressed a letter to F. H. Kerr and Joseph B. Doyle, president and secretary of the Stanton Monument Association, proposing to paint a large portrait of General Frederick von Steuben, of Revolutionary fame, after whom the city on the banks of the Ohio was called, and this was followed by a similar proposition from Mr. Filson in reference to General George Rogers Clark, who, with his Virginia militia, had wrested the Northwest Territory from Great Britain, and preserved the same to the United States. These propositions were gladly accepted, and the Association also arranged with Mr. Filson for a portrait of Judge James Wilson, grandfather of ex-President Wilson, to add to the collection in the court room. The portraits were completed early in 1913, which happened to be the semi-centennial anniversary of the "Morgan Raid," probably the most interesting historical event in eastern Ohio, this band of southern soldiers reaching the farthest point north of any of the Confederate forces during the Civil War. On Saturday morning, July 25th, 1863, John H. Morgan, with his band of six hundred men entered Jefferson county from Harrisville, having crossed Harrison county, into Mt. district, Pleasant township, pursued by the Union forces under General James A. Shackelford. He zigzagged northward through the county with one or two skirmishes, passing Steubenville about four miles to the westward, until he reached Monroeville on the Colombiana county line where a sharp battle ensued. Morgan was now at the end of his raid, and being surrounded at Scroggs' meeting house near Salineville in Columbiana county, he surrendered to Major Rue, United States Army, on Sunday, the 26th, at two p. m. The prisoners, numbering three hundred and thirty-six, were taken to Steubenville the next day, and from thence distributed to various points. To indicate the course of this raid a series of fourteen granite monuments had been located at various points, to which were attached suitable bronze tablets. Hon. Robert Sherrard, son of Robert A. and Mary K. Sherrard, was born near Steubenville, June 9, 1823. He received his schooling 152 - The Bench and Bar of Northern Ohio here, and after studying in the office of Mason and Moody, was admitted to the bar in 1846. In 1850 he entered into partnership with J. H. Miller, which_ continued until 1863. He was also United States marshal for the 7th Ohio district in 1850, and in 1861 was elected state senator on the Republican ticket. Declining a second term he volunteered for the army, but was not accepted on account of heart weakness. He held responsible government positions during the Civil War, involving care of soldiers, payment of bounties, placing of bond issues and drafting commissions. He rendered valuable assistance during the Morgan raid, taking charge of two regiments sent from Pittsburgh, and giving directions which forced Morgan back from the Ohio river and ultimately resulted in his capture. In 1863 Mr. Sherrard purchased the Miners & Mechanics Bank of Steubenville, and continued active in financial matters until his death on November 8, 1895. In 1870 he became president of the American National Bank, New York, also executive officer of the New York Transportation Company, employing 400 men and 600 horses. Returning to Steubenville in 1877, he became director of the P. C. & C. Railroad, the old Steubenville Se Indiana, and took an active part in politics. For twenty years he served as member of the Steubenville Board of Education, and was also a trustee of Washington and Jefferson college. Roderick S. Moody was born in Steubenville May 22, 1817, and studied law with D. L. Collier, being admitted in September, 1841. He was one of the most brilliant lights of the local bar, and was prosecuting attorney from 1846 to 1848. He died December 11, 1866.             The Constitution of 1851 divided the state into nine judicial districts, each of which was divided into several subdivisions. The eighth district included the counties of Muskingum and Morgan as the first subdivision ; Guernsey, Belmont and Monroe the second ; Jefferson, Harrison and Tuscarawas the third. The ninth district included Stark, Carroll and Columbiana as the first subdivision ; Trumbull, Portage and Mahoning the second ; and Geauga, Lake and Ashtabula the third. One judge was at first assigned to each subdivision, and a district court of appeals was created, meeting at least once a year. It was composed of the common pleas judges of the subdivision with a supreme court justice presiding. Thomas L. Jewett was the first judge of the Jefferson-Harrison-Tuscarawas subdivision, and held his first term of court at Steubenville on March 16, 1852. He was a native of Hartford county, Maryland, of Quaker descent, and he settled in Cadiz in 1844. After practicing there six years, he removed to Steubenville, and was elected judge in the fall of 1851 as a Democrat, over John A. Bingham, the Republican candidate. On. August 29, 1854, he" was elected a director of the Steubenville & Indiana Railroad, chosen president of the road on June 8, 1855, and he resigned from the bench. He was appointed receiver on September 3, 1859, the road having become embarrassed, which position he held until the completion of the Pittsburgh & Steubenville railroad across the West Virginia Pan Handle. Upon consolidation of the different lines between Pittsburgh and Columbus in 1868 under the name of the Pittsburgh, Cincinnati & St. Louis Railway Company, he was elected president of the new corporation, which office he held until May 7, 1871, with his brother, Hon. Hugh J. Jewett as manager. The latter being called to the presidency of the Erie The Bench and Bar of Northern Ohio - 153 Railroad, Judge Jewett resigned his office, and soon after removed to Philadelphia. His death occurred in New York on Wednesday evening, November 3, 1875. Hon. Thomas Means, who succeeded to the office of Judge, was born in Steubenville on March 31, 1826. He studied law with Daniel Collier, and was admitted in 1847. In 1848 he went to St. Louis where he lived about seven or eight months, when he returned to Steubenville and formed a partnership with Mr. Jewett. He served as a member of the Ohio house of representatives in 1852-3, and on the resignation of Judge Jewett, was appointed the latter's successor, holding the office from October, 1854, to the the end of 1855. Afterwards he resumed his law practice, and removed to Leavenworth, Kansas. On the outbreak of the Civil War he was appointed to adjust claims in the neighborhood of Cairo, Illinois. Upon completing that work he returned to Steubenville, where he died, December 27, 1863. His brother Joseph Means, was also a member of the bar, and representative in the legislature as well as filling a number of prominent local positions He also engaged extensively in the foundry business. Samuel W. Bostwick, of Harrison county, succeeded Judge Means, serving until February, 1862, when he was succeeded by George W. McIlvaine, of Tuscarawas county, who resigned in 1870, to take a position on the supreme bench. He was recognized as having one of the ablest legal minds in the state. John H. Miller, of Steubenville, was appointed to fill the unexpired term, and was then elected for the full term ending February, 1877. He was born in Northampton county, Pennsylvania, January 30, 1813, and he came to Steubenville in 1837. He was admitted in 1840, and built up an extensive practice. On retiring from the bench he continued his practice until his death, on August 31, 1891. James Patrick, of Tuscarawas county, succeeded Judge Miller, and served one term. He in turn was succeeded by Joseph C. Hance, of the same county, who served two terms. In the meantime provision having been made for an additional judge in the subdivision, John S. Pearce, of Cadiz, was elected, and took his seat in February, 1882. Hon. John A. Mansfield, a native of Jefferson county, studying law at Ann Arbor, Michigan, admitted in 1879, practiced law and became probate judge, succeeded Judge Pearce in 1892, and he served two terms. After that he served a term in the legislature. He was succeeded in 1902 by Hon. Rees G. Richards for two terms. Judge Richards was born in Wales on July 22, 1842, and he came to America with his parents when he was ten years old, settling in Eastern Pennsylvania. He served his adopted country through the Civil War, part of the time in a Southern prison pen, the escape from which makes a most thrilling narrative. Engaging in the mercantile business for two years, and afterwards six years at. Irondale, Jefferson county, he was elected to the legislature in 1873. He served two terms in the lower house of the legislature, two in the senate, being chosen president pro tern, and in 1881 was elected lieutenant-governor. He had been admitted to the bar in 1876, and in 1902 became common pleas judge as above stated. His death occurred February 10, 1917. Hon. Carl H. Smith succeeded Judge Richards, and at this writing is serving his second term. Judge Smith was born in East Liverpool in 1876, and he came with his parents to a farm in Knox township, 154 - The Bench and Bar of Northern Ohio Jefferson county, when four years old. He studied law with E. E. Erskine and at Western Reserve college at Cleveland. He then located at Steubenville and entered into partnership with Mr. Erskine, which continued until he took his seat on the bench in 1913. He has also been actively engaged in a number of business enterprises.   Fletcher Douthitt, of Tuscarawas, succeeded Judge Hance, and he by Walter Shotwell, of Cadiz, each serving two terms. An additional judge was provided in 1908, and Hon. Thompson D. Healea was elected, holding his first court at Steubenville in May, 1909. After holding office about two years, Judge Healea resigned to take charge of the Pennsylvania railroad company's business in eastern Ohio, with Steubenville as a center, and he removed thither with W. I. Kinsey as a partner, which continued until his death on October 13, 1919. Mr. Kinsey succeeded him in charge of the business, which he still continues. Judge Shotwell was succeeded by John B. Worley, of Cadiz, still on the bench. The Constitution of 1802 required judges of the supreme court to hold a session each year in the different counties, the first in Jefferson county, opening on the third Tuesday in June, 1803, with Samuel Huntington and William Spriggs on the bench. Others following were Daniel Symms and George Todd, August 25, 1805 ; Jonathan Meigs, Jr., September 23, 1808 ; Thomas Morris and Thomas Scott, September 25, 1809 ; W. P. Irvin and P. A. Brown, June 8, 1811; Peter Hitchcock and Calvin Pease, October, 1825 ; Joshua Collett, October, 1829 ; Peter Hitchcock and Elijah Maynard, May, 1830; Ebenezer Lane and John C. Wright, October, 1831; Reuben Wood, October, 1833 ; Frederick Grimke, October, 1836 ; Matthew Birchard, March, 1843 ; Nathaniel C. Read, February, 1844 ; Edward Avery, April, 1848 ; William B. Caldwell, October, 1849 ; Rufus P. Spaulding, October, 1850 ; Rufus P. Ranney, 1851. The vacant years evidently meant absence of business. As previously stated, the district courts after 1851 were composed of the common pleas judges, with a supreme court justice presiding. The first district court in Jefferson county opened August 11, 1852, with udge Ranney presiding and Judges Jewett, Alexander and Richard Silwell on the bench. These were followed by William B. Caldwell, August 10, 1854 ; William Kennon, August 10, 1855 ; Ozias Bowen, August 11, 1856 ; Thomas W. Bartley, July 28, 1857 ; Josiah Scott, June 2, 1859 ; Milton Sutcliff, May 8, 1860 ; Jacob Brinkerhoff, August 27, 1861; William V. Peck, September .17, 1862 ; John Welch, September 20, 1866 ; William White, September 24, 1867. By this time business had so increased in the supreme court that the members were relieved of outside duty, and district courts continued to be held by the common pleas judges alone. By a constitutional amendment, adopted in the fall of 1883, district courts were abolished and the legislature was authorized to create circuit courts with the same original jurisdiction as the supreme court, and such appellate jurisdiction as might be provided. Accordingly, on April 14, 1884, a bill was passed dividing the state into eight circuits, the seventh being composed of the counties of Ashtabula, Belmont. Carroll, Columbiana, Geauga, Guernsey, Harrison, Jefferson, Lake, Mahoning, Monroe, Noble, Portage and Trumbull. The judges elected the ensuing fall were Hamilton B. Woodbury, of Ashtabula county ; Peter A. Laubie, of Columbiana, and William H. Frazier, of Noble. The Bench and Bar of Northern Ohio - 155 The first session of this court at Steubenville was held in June, 1885, two sessions a year being held thereafter. Judge Woodbury died in the summer of 1895, and was succeeded by J. B. Burrows, of Lake county, who resigned at the close of December term, 1908, and was succeeded by W. S. Metcalf, of Geauga, whose term expired February 8, 1921. He was succeeded by Judge J. W. Roberts, of Ashtabula county. Hon. Elias B. Roberts, of Warren, had been elected to succeed Judge Burrows, but died bfore taking his seat. Judge Frazier was succeeded by John M. Cook in February, 1901, R. M. Voorhees, of Coshocton, taking part in the subsequent May term. Mr. Cook was born near Burlington, New Jersey, on March 6, 1843, and spent his boyhood in Allegheny City, Pennsylvania, now part of Pittsburgh. During the fall of 1866 he entered the law school of the Ohio State University and Union Law College, of Cleveland, and was admitted to the bar on January 7, 1869. He entered into practice at East Liverpool, but on October, 1872, came to Steubenville, where he built up a large business. He was chosen prosecuting attorney in 1879, serving five years, and, as above stated, entered upon the circuit bench in 1901. He was chosen for two terms, but died before their completion on July 10, 1910. John Pollock, of St. Clairsville, succeeded Judge Cook, and Myron A. Norris, of Youngstown, succeeded Judge Laubie. The former is still on the bench, but Judge Norris died in 1914. W. H. Spence, of Lisbon, served until 1917, when he was succeeded by L. T. Farr, of Lisbon, whose term expires February 8, 1923. There was a probate court in each county under the territorial laws, and Bezaleel Wells acted as judge from 1797 to November 29, 1802, when its business was transferred to the court of common pleas. Nine wills were filed during this period being those of John Cross, John Horton, James Armstrong, William Carr, William Sharon, John McGuire, James Milligan, James Jackson and Nathaniel Simms. This court was restored in 1852 with the following judges : John K. Sutherland, March 2, 1852, to April 28, 1858. Wm. R. Lloyd, May 4,. 1858, to February 9, 1864. Wm. A. Doyle, February 9, 1864, to December 19, 1864. John S. Patterson, December 19, 1864, to December 4, 1865. George M. Elliott, December 4, 1865, to February 12, 1867. Robert Martin, February 12, 1867, to February 15, 1876. Joseph W. Jordan, February 16, 1876, to February 9, 1882. W. V. B. Croskey, February 13, 1882, to February 13, 1888. John A. Mansfield, February 13, 1888, to February 2, 1892. McD. Miller, February 2, 1892, to February 9, 1900. Frank H. Kerr, February 9, 1900, to February 9, 1906. J. R. McCleary, February 9, 1906, to February, 1913. Harry A. Bell, February 9, 1913, to February, 1915. John G. Belknap, February, 1915, to February 9, 1924. Prosecuting attorneys : Solomon Sibley, 1797 to .1803. Silas Paul, 1803 to 1808. Jesse Edginton, 1808 to 1811. John C. Wright, 1811 to 1817. J. H. Hallock, 181.7 to 1823. H. H. Leavitt, 1823 to 1829. J. M. Goodenow, 1829 to 1830. James Collier, 1830 to 1839. John K. Sutherland, 1829 to 1843 Robert Orr, 1843 to 1847. R. S. Moody, 1847 to 1849. Geo. W. Mason, 1849 to 1852. 156 - The Bench and Bar of Northern Ohio John R. Meredith; 1852 to 1853. J. H. S. Trainer, 185:3 to 1856. James M. Shane, 1856 to 1861. Geo. W. Mason, 1861 to 1863. James F. Daton, 1863 to 1867. Wm. A. Walden, 1867 to 1871. Wm. P. Hays, 1871 to 1873. Wm. A. Owensney, 1872 to 1875. Walter C. Ong, 1875 to 1879. John M. Cook, 1879 to 1884. Henry Gregg, 1884 to 1890. Emmett E. Erskine, 1890 to 1896. A. C. Lewis, 1896 to 1902. Wm. R. Alban, 1902 to 1908. J. S. Paisley, 1908 to 1913. Wm. C. Brown, 1913 to 1917. Roy Carpenter, 1917 to 1921. Enoch S. Pearce, 1921 to 1923. Among the deceased attorneys admitted to the Jefferson bar since the adoption of the Constitution of 1851 were James Elliott, admitted in 1852 ; A. H. Battin in Columbiana county, May 11, 1853 ; W. A. Walden ( Jackson county), April 27, 1858 ; M. S. Stokely, 1860 ; Hon. J. Dunbar, January, 1860 ; W. A. Owensney, September 18, 1862 ; 0. P. Mossgrove, August 18, 1854 ; James F. Daton, 1863 ; Thomas P. Spencer, 1866 ; Robert Martin, April 18, 1862 ; James A. McCurdy, same ; David Moody, September 26, 1867 ; William H. Lowe, October 2, 1868 ; John McCleve, September 16, 1868 ; John M. Cook, January, 1869 ; J. C. Keys and W. T. Campbell, September 29, 1870 ; J. M. Hunter, July 21, 1872 ; H. M. Priest, April 25, 1876 ; John A. Kithcart, October 1, 1873 ; W. V. B. Croskey, 1870 ; John C. Kirkpatrick, September 25, 1877 ; J. W. Jordan, September 28, 1872 ; Oliver J. Beard, April 3, 1877 ; Henry Gregg, April 1878 ; George G. Bright and Calvin May, August 27, 1878 ; Charles A. Reynolds, June 17, 1879 ; James F. Bigger, August 27, 1879 ; Plummer P. Lewis, June 1884 ; Justin A. Moore, October 18, 1896 ; Joseph Kithcart, March 17, 1899 ; T. A. L. Thompson, June, 1896 ; John M. Bigger, October 8, 1891; C. B. Gilmore, April 25, 1876. LAW LIBRARY. "During the official term of Henry Gregg, who was prosecuting attorney from 1884 to 1890, the subject of a county law library was taken up and arrangements were made with the county commissioners whereby fines collected for violation of liquor laws were to be devoted to this purpose. A room adjoining the prosecuting attorney's office was procured and the library conducted as an adjunct to that office, when an officer of the state inspection bureau decided that no more money could be paid on this account. The library was closed for a while, but in 1907 an association was organized under the statutes (now Sections 3054-58 G. C.), and in January, 1908, Joseph B. Doyle was appointed librarian. The growth of the library was such that in 1914 an additional room was secured, and in 1915 the library was enlarged to double its capacity and value through the liberality of Col. James Taylor Holmes, of Columbus. Colonel Holmes was born in Short Creek township, Harrison county, on November 25, 1837. He was educated at Franklin county, New Athens, Ohio, and later became president of Richmond college, Jefferson county. On the outbreak of the Civil War he recruited a company of 110 men in his neighborhood, which became part of the 52nd, 0. V. I.. under command of Colonel Daniel McCook. He served with valor through the war, and mustered out as lieutenant colonel. Returning home he read law in Columbus, and was admitted to the bar on May 8, 186-7.- Here he resided until his death on Thurs- The Bench and Bar of Northern Ohio - 157 day, February 17, 1916. During this period he built up a large practice, being recognized as one of the leading lawyers of the state. His library kept pace with his business, being housed in a building erected for that purpose near his residence. Realizing that his end was near, he proposed that his law library should be transferred to the Jefferson county L. L. A., under the following conditions : “It is to be my monument in Jefferson county, whose people have been kindness and loyalty to myself personified, since I first settled among them in December, 1859. In addition thereto it is to be a memorial to the 52nd Ohio Volunteer Infantry, the great majority of whose 'boys' came from that region of the state. The gift is also intended as a memorial of my friendship with Major Daniel McCook and his wife, 'Mother' Martha Latimer McCook, and their children, all, but especially with Colonel Dan of the 52nd, who fell in command of his brigade at Kenesaw, June 27, 1864." The library contains about 10,000 volumes, and is recognized as one of the best in the state. The officers of the association are Ernest L. Findley, president ; Fred A. Stone, vice-president William McD. Miller, secretary and treasurer ; A. C. Lewis and Edward McKinley, trustees ; J. B. Doyle, librarian. UNITED STATES COURT. Notwithstanding the site of Steubenville was the oldest settlement in the state, and the first land office was located here, yet, until recently; it had no sessions of the federal courts, and has as yet no federal building, although land has been obtained for the latter. A few years ago agitation was started in this direction and it resulted in the passage of a bill providing that at least two terms of court should be held yearly in Steubenville, this county being placed in the Columbus or eastern division. The first session was held by Judge John E. Sater on September 8, 1915. This was followed by an evening banquet at the Country club, at which interesting addresses were made. Until a federal building is erected, sessions are held in the county court house. A tract in the business center of the city 180x120 feet has been secured by the United States government for.a federal building, and it is expected that work will begin on the same within a year at least. IN THE GREAT WAR. Including Captain Francis McCook, who did not receive his degree until he had entered the service, the Jefferson county bar sent fourteen members into service during the war with Germany, including J. Stewart Crawford, Marshall H. Francis, Henry Greenberger, Arthur L. Hooper, Ralph Levinson, E. M. Morrow, Earle B. McMaster, Lee Van Tilburg, Hugo F. Chestosky, Thomas H. Montgomery, Earl B. Tilton, Chauncey Hawthorne and Casmir Borkoski. A special banquet was given the members on their return home, and later, on October 17 and 18, 1918, all participated in the greatest two-day celebration ever held in Steubenville, at which all were awarded suitable medals. There is an active bar association, with William R. Alban, president, and Ralph Levinson, secretary and treasurer. 158 - The Bench and Bar of Northern Ohio COLUMBIANA COUNTY. One of the first acts of the legislature of the newly-created state of Ohio was the formation of eight new counties, viz : Scioto, Warren, Butler, Montgomery, Greene, Columbiana, Gallia and Franklin. The act, which was passed on March 25th, provided for the erection of a part of the counties of Jefferson and Washington into a separate county under the name of Columbiana. The boundary began at the mouth of Yellow creek, on the north side of the same, thence up said creek with the meanders thereof to the northern boundary of the eighth township, in the second range, thence west to the western boundary. of the seventh range ; thence north to the northwestern corner of the sixteenth township of said seventh range ; thence west on the south boundary of the ninth township in the eighth and ninth ranges to the Muskingum river ; thence up said river with the meanders thereof to the southern boundary of the county of Trumbull ; thence with the same east to Pennsylvania line ; thence with the said line south to the Ohio river ; thence down the same with the meanders thereof to the beginning. The territory, taken from Jefferson county, was, of course, from the northern end, a small portion of which was restored on the creation of Carroll county in 1832. The name is a fancy one, said to be a combination of Columbus and Anna. The act provided that until a permanent seat of justice be fixed by commissioners appointed for that purpose the temporary location should be at the house of Matthias Lower in the 12th township, second range. Accordingly on May 10, 1803, the judges met at Mr. Lower's barn, and proceeded to divide the county into five townships ; viz : Springfield, Middleton, St. Clair, Salem and Center, the last named adjoining Fairfield where the commissioners were sitting, and containing the newly platted town of New Lisbon. which was selected as the county seat. Court was held at Lower's until quarters were provided at Lisbon. Calvin Pease presided at the first court, the associates being Robert Simison, Henry Bachman and William Smith. Reason Beall, of Steubenville, was appointed clerk. On November 29 court convened at New Lisbon in Christian Smith's tavern. The most important case was an indictment for riot against James Glass, George Hooter, Thomas Bruce and Noah Anderson. Adam Poe, the well known Indian fighter, became surety for the defendants, and the indictment was afterwards dismissed without disgrace. The twenty-two grand jurors received $32.70 in the aggregate for their services during the term. Obediah Jennings received $50.00 as his salary as prosecuting attorney. The clerk, sheriff and four inspectors were dependent on their fees, which evidently were not very large. David Graham was the first man naturalized. John B. Gibson and Robert Moore were the first attorneys admitted, on March 27, 1804. The county lines were changed several times before they assumed their present form, a portion being taken for Stark county in 1808, Carroll in 1832, and Mahoning in 1845. At present the county is divided into eighteen townships. The Bench and Bar of Northern Ohio - 159 COMMON PLEAS COURTS The names of presiding judges in the common pleas courts under the Constitution of 1802 have already been given as well as the first three associates, who served until 1808. Others were as follows : 1808-10, George Atterholt, George Brown, William Smith ; 1810-17, George Atterholt, Henry Bauchman, William Smith ; 1817-25, John J. Bowman, George Brown and William Smith ; 1825-32, John J. Bowman, Thomas Creighton, George Endly ; 1832-37 ; John J. Bowman, George McCook, George Endly ; 1837-38, John J. Bowman, William Armstrong, George Endly ; 1838-42, Daniel Harbaugh, William .Arm-' strong, George Endly ; 1842-45, Daniel Harbaugh, Jacob Roller, George Endly ; 1845-47, Joshua A. Riddle,- Jacob Roller and Samuel Clark, 1847-51, Joshua Riddle, John Dellenbaugh, Samuel Clark. Constitution of 1851-from 1852 to 1855, George W. Belden ; 1856, John W. Clark ; 1857-9, Lyman W. Potter ; 1860-61, John W. Church ; 186167, Jacob A. Ambler ; 1868-75, Judge Fritz A. Stark ; 1875-85, Peter A. Laubie ; February, 1885, to October, 1885, Jonathan H. Wallace ; 1885-93, William A. Nichols ; 1893-95 ; Nathan B. Billingsley ; 1895-1900, Philip M. Smith ; 1900-10, Warren W. Hole ; 1910-22, James G. Moore. PROBATE JUDGES 1852-3, John Reed ; 1854-59, James Martin ; 1860-65, Cornelius Curry ; 1866-71, Solomon J. Firestone, 1872-7, Simon J. Wisden ; 187885, William G. Wells ; 1866-91, James G. Moore ; 1892-97, Peter C. Young ; 1898-1903, J. C. Boone ; 1903-09, James A. Martin ; 1909-16; Louis T. Farr, 1917 ; Lodge Riddle; 1917-21, S. W. Cranford. Most of the early actions in the common pleas court were to recover payment of debts, and, perhaps from the old English practice, fictitious names were frequently used, some of them quite fantastic, as for instance, Timothy Peaceable against Thomas Troublesome. There existed the practice of taxing the attorney fees of the winning party as costs against the loser, but these were small, generally $5.00 or $6.00. Prior to 1815 the average earnings of the half dozen lawyers of the county did not exceed $400.00 or $500.00 per year. The first criminal trial was that of a citizen of St. Clair township, of which charge he was acquitted. Fractions of a cent frequently figured in the old judgments, but this is not surprising, as the Y2 cent, "fips" 6y4 cents, and "levy" 12% cents were coins in common use down almost to the Civil War. As now, line fences and roadways were fruitful causes of litigation. Adam Poe is on record as having brought a suit in December, 1803, against Hruggan and also one against Thomas Gillingham et al, the amount claimed in either case being under $5.00. One of the first fines was an assessment against John Oyster in 1811 for $8.00. Much of the earlier work before the courts was done by attorneys from Jefferson and other adjacent counties, like Benjamin Tappan, Obediah Jennings and others. King and Larwell are among the first names appearing on the docket. Fisher A. Blocksom was probably the first resident attorney. He located in New Lisbon soon after the establishment of the court at that place, and resided there until his death on December 14, 1876, at the age of 96 years. He had a successful practice and was successively prosecuting attorney, postmaster, member of legislature and presidential elector on the Democratic ticket. 160 - The Bench and Bar of Northern Ohio Andrew W. Loomis located in New Lisbon about 1825 and built up a large practice for his day. He was a member of Congress in 1836, and in 1840 removed to Pittsburgh. His contemporary and successor in Congress was Charles D. Coffin, whose ancestral home was in Massachusetts. Soon after his congressional term had expired he removed to Cincinnati, where he held the office of common pleas judge for a number of years. Dorsey B. Pentacost opened an office in New Lisbon in 1827, but only remained a short time. The families of these three attorneys were connected by marriage, and they were also related to the Stokely family of Steubenville. William D. Ewing practiced from 1826 to 1840, when he removed to Pittsburgh, where he died ten years later. A contemporary, Isaac Stetson, left in 1832. E. T. Merrick practiced from 1830 to 1839, but in 1840 he removed to Louisiana where he became a member of the supreme court. During the decades from 1840 to 1860 the Columbiana county bar was exceptionally strong. A number of members are given notice elsewhere, and included in the list are S. L. Wadsworth, able advocate and trial lawyer ; William Upham, a great equity jurist ; John M. Gillman, who removed to St. Paul, Minn., and became a leader of the bar ; Lyman W. Potter and Thomas Woods, the latter dying in early life, James L. Smith, strong in his presentation of facts, Samuel W. Orr, of exceptional knowledge, James and Judge John Clark, specialists in equity jurisprudence, G. W. Love, Charles M. Snyder, J. G. Beatty, and J. W. and H. Morrison. Hon. E. M. Stanton, of Steubenville, had an office here for a while. Hon. William McKinley frequently appeared before the courts here at a later date. William J. Jordan was an active and successful lawyer until his death on February 25, 1886, at the age of 53 years. He was admitted to the bar in 1854, although absent from practice during two terms as county clerk and service in the Civil War, where he became colonel of the 104th 0. V. I. Hon. Jonathan H. Wallace was graduated from Washington college, Pennsylvania, in 1844, at the age of 20 years. He was admitted to practice in 1847, and was at one time a partner with Hon. E. M. Stanton. He served two terms as prosecuting attorney, was a delegate to the National Democratic Convention in 1864, elected to Congress in 1882, and judge of common pleas, filling the unexpired term of P. A. Laubie. He is said to have been connected with more litigation than any other attorney in the county. Hon. P. C. Young, when a boy, enlisted from his home in Achor, in the 195th 0. V. I., during the Civil War, and was afterwards editor of the Buckeye State newspaper in New Lisbon. He practiced law in Wellsville from 1875 to 1890 when he was elected to probate judge, serving two terms, followed by law practice in Lisbon. Being elected supreme ruler of the Fraternal Mystic Circle, he removed to Philadelphia, where he died July 25, 1899. Hon. William A. Nichols was born in Fairfield township in 1839, and was admitted in 1861. He was prosecuting attorney from 1868 to 1870, and in October, 1885, was elected common pleas judge, serving until his death on April 16, 1893. W. L. Lones succeeded Judge Young in Wellsville, having read law in Columbiana county and located for a number of years in Ten- The Bench and Bar of Northern Ohio - 161 nessee, returning in 1891. He has a large practice in Columbiana and adjoining counties. F. L. Wells, returned from Lisbon to Wellsville, his native place, in 1890, and established a building and loan association which has been quite successful. W. R. Macdonald, admitted in 1898, was Mr. Wells' associate. W. A. Snediker, who began practice in Wellsville, also went into the building loan and banking business. G. W. Adams, born and reared in Yellow Creek township, began practice in Wellsville in 1894, and has added insurance to his legal business. Charles Boyd read law in Wellsville and was admitted to practice in 1897, afterwards becoming city solicitor. Hon. E. E. Roberts, of Warren, was born and reared in Wellsville, and C. K. McGregor, in 1905, held the office of city auditor. Willis Jordan, born in New Lisbon June 28, 1864, took a course at Cincinnati Law school, was admitted May 4, 1886, and located at Wellsville. W. A. O'Grady is one of Wellsville's youngest lawyers. Previous to 1860 most of the law business in East Liverpool was transacted by justices of the peace, of whom Sanford C. Hill was a leading character. He was also a civil engineer and surveyor, and a practical astronomer, making most of the calculations for almanacs. One of them, known as Hill's almanac, was familiar in many households. William P. Morris, uncle of Andrew Carnegie, was also a justice for many years. Enoch Bradshaw conducted cases before the justices, although he does not seem to have been regularly admitted. As previously stated, William Larwell located here as early as 1803, but the next resident attorney seems to have been Col. H. R. Hill, who came here shortly before the Civil War. He spent a year in Louisiana before the outbreak, but in 1862 recruited a company for the 104th 0. V. I., and was afterwards made colonel. He continued in active practice until 1900, when the business was taken up by his sons, Walter B. and William M. Hill. Hon. R. W. Tayler was born at Youngstown, November 26, 1852, and was graduated at Western Reserve college in June, 1872. He was superintendent of Lisbon schools and editor of the Buckeye State. In April, 1877, he was admitted to the bar, and lived at East Liverpool until 1880, when he was elected prosecuting attorney and served until 1886. A member of Congress for eight years, he took a leading place. In 1903 he removed to Youngstown, and on February 2, 1905, became United States judge for the northern Ohio district. This caused his removal to Cleveland, where he resided until his recent death. During this period A. H. Clark, of Salineville, opened an office in East Liverpool, which was continued until a recent date. A. R. Mackall was another contemporary, who died about 1895. The Southern Columbiana County Bar Association was organized in 1894 with P. M. Smith, president ; A. R. Mackall, vice president, succeeded by A. H. Clark ; William M. Hill, secretary, succeeded by Walter B. Hill ; J. J. Purinton, treasurer, succeeded by W. F. Lones. Present officers are W. F. Lones, president ; W. B. Hill, secretary ; B. L. Bennett, treasurer. The principal object was to handle business so as to obviate as far as possible the inconvenience of reaching the county seat. Hon. J. Twing Brooks was born in Salem on October 27, 1840, and read law with Judge Potter. He was admitted in August, 1865, and was elected to the state senate that same year, serving until 1869, when 162 - The Bench and Bar of Northern Ohio he succeeded to the business of his father. J. J. Brooks, who was general counsel for the Pennsylvania company, controlling the P. F. W. & C., and C. & P. railroads, later formed a partnership with Judge Laubie, and at the time of his death was second vice president of the Pennsylvania Company. Hon. Jacob A. Ambler was born in Pittsburgh on February 18, 1829. He read law with his brother, Henry, a prominent attorney in Salem, and was admitted at Cincinnati on March 27, 1851. He served a term in the Ohio legislature, 1858-9, resigning to become judge of the first subdivision of the 9th district, which he held until 1867. He served in Congress, 1868-70, and on the United States tariff commission in 1882. His son, Hon. B. S. Ambler, was born in Salem on March 31, 1853, and after admission practiced with his father until 1898, when he was appointed by President Roosevelt judge of the court of first instance at Manila, Philippine Islands, from which he resigned in 1904. Hon. Peter A. Laubie was born at Pittsburgh on April 21, 1829. He studied law with Keith & Wenderhill at Massillon, and was admitted to the bar at Ravenna in July, 1854, beginning his practice in Columbiana county. In August, 1861, he became first lieutenant of Company D, 19th 0. V. I., and at his resignation, on February 13., 1865, was acting major. He served as common pleas judge from November 1, 1875, to February, 1885, and circuit judge from February 9, 1885, until February, 1911, being 36 years on the bench. He died at the home of his daughter, Mrs. Charles Thompson, of Washington, D. C., and was buried at Salem. Hon. J. C. Boone, admitted in 1878, after serving as probate judge, returned to Salem in 1903 and resumed practice, where he still resides. James R. Carey was born in Salem in 1852 ; read law with Laubie and Brooks and at Harvard law school ; admitted in 1877 ; practiced at Fort Wayne, Indiana, until 1887 ; was in several firms ; still in practice. F. J. Mullins was born in Milwaukee, Wis., in 1857 and was admitted in 1880. He practiced a number of years in Salem. S. W. Ramsey. of Salem, was born October 19, 1854, admitted September, 1879. John E. Rogers, born May 9, 1851, admitted 1878. Other present Salem attorneys are W. W. Beck, R. W. Campbell, W. S. Emmons, L. P. Metzger, L. B. Harris, R. M. Modisette, Mark L. McCave, John F. Scott, C. F. Smith N. B. Billingsley, of Lisbon, was born October 9, 1850, admitted September 24, 1873 ; common pleas judge 1893 and 1895. C. C. Connell, born April 27, 1871 ; admitted May 31, 1894 ; solicitor 1899-1902 ; state senator, 1902-6. L. L. Farr, born July 24, 1865 ; admitted December 3, 1891 ; at present judge of court of appeals. S. J. Firestone, born October 2, 1833 ; admitted June, 1860 ; treasurer Lisbon school board fifteen years. Ross W. Firestone, born January 7. 1868, gradu- ated Cincinnati law school ; admitted 1893 ; John McVicker, admitted about 1860 ; prosecuting attorney, 1877-90. W. S. Potts, born in Carroll county, February 9, 1846, graduated at Ann Arbor ; admitted 1873 ; prosecuting attorney, 1875-6. A. A. Ramsey, born August 25, 1852 ; admitted September 3, 1879. Hon. Lodge Riddle, born in Wellsville, June 13, 1869 ; studied at Ada university ; admitted June, 1895. Charles S. Speaker, admitted in 1880 ; mayor of Lisbon, 1881-88 ; prosecuting attorney, 1891-97. Hon. W. H. Spence, born 1859, studied The Bench and Bar of Northern Ohio - 163 at Ann Arbor and Cincinnati ; admitted in 1882 ; circuit judge, 1914-17. Other Lisbon attorneys are George T. Farrell, admitted March. 15, 1898 ; mayor, 1900-05 ; W. E. Ferrell, W. B. Moore, J. F. Spence and E. H. Van Fossam. J. H. Brooks was born in East Liverpool, May 18, 1863 ; admitted February 22, 1886 ; was prosecuting attorney, 1898-1904. W. H. Burgers was also born in East Liverpool on December 5, 1872 ; graduated at Ada ; admitted December 7, 1901. George E. Davidson, graduate of Ohio State university, admitted 1899 ; solicitor of East Liverpool, 1903-06. J. E. Davis, born October 19, 1874, studied at Ada and with Judge Farr ; admitted January 1901; justice of the peace, 1898. Frank E. Grosshans, admitted 1894. Walter B. Hill, graduated at Princeton, 1890 ; Cincinnati, 1892 ; admitted 1.892 ; member board of education, 1905. M. J. McGary, born November 12, 1868 Cincinnati law school ; admitted May 29, 1895 ; solicitor East Liverpool, 1898-1902 ; prosecuting attorney, 1903-7. James F. McGary, born in Beaver county, Pa., March 18, 1.873 ; Ohio State university ; admitted December 4, 1891. Robert H. Perry, born July 14, 1875 ; Valparaiso, Indiana, law school ; admitted December, 1903. J. J. Purinton, born in Illinois, November 13, 1862 ; admitted October 6, 1887 ; city clerk, 1880-87 ; president East Liverpool council, 1897-98 ; president sinking fund commission, 1903-05. R. G. Thompson, born 1873 ; admitted March, 1897. G. Y. Travis, born at Dennison, Ohio, February 12, 1869 ; Cincinnati law school ; admitted 1890. Other present East Liverpool attorneys are F. W. Andrews, B. L. Bennett, R. M. Brooks, Harry Brockaw, George L. Brockaw, Blaine H. Cochran, G. J. Clark, W. S. Foulks, Jesse C. Hanley, George D.. Ingram, Perry L. Rigby, G. S. Thompson and W. H. Vodrey. L. M. Keyes, of East Palestine, was born May 20, 1879 ; admitted June, 1902. Everett Lyon was born November 5, 1870 ; admitted October 4, 1894 ; solicitor of East Palestine, 1896-97 ; mayor, 1897-1900. C. P. Rothwell was born January 20, 1860 ; admitted November, 1881; solicitor of East Palestine 15 years. A. J. Willard, of Homeworth, was born in New Lisbon, February 28, 1848 ; studied at Ann Arbor ; admitted in Michigan, February 28, 1883, and at Columbus, October 2, 1883. A RECORD OF PATRIOTISM. We have already noted the long line of Columbiana county lawyers who gave their services to their country during the Civil War. For the war with Germany ten were in the army, being F. W. Andrews, R. M. Brooks, W. S. Foulkes, Jesse A. Hanley, Perry L. Rigby, East Liverpool ; C. C. Connell and E. H. Van Fossan, Lisbon ; R. M. Modisette, Mark L. McClave and R. L. Schiller, Salem. These included nearly ten per cent of the entire bar. CONSTITUTIONAL CONVENTIONS. Rudolph Bair represented the county in the convention of 1802 ; Henry H. Gregg and Samuel Quighley, 1850-51; James W. Reilly in 1873 ; Percy Tetlow in 1912. PROSECUTING ATTORNEYS. Obediah Jennings, Fisher A. Blocksom, Elderkin Potter and Andrew W. Loomis, 1803-37. F. A. Blocksom, 1838-43 ; John Clark, 1844-52 ; J. A. Wallace, 1853- 164 - The Bench and Bar of Northern Ohio 55 ; S. L. Wadsworth, 1856-59 ; Simon Wisden, 1840-63 ; S. L. Wadsworth, 1864 ; James L. Smith, 1865-68 ; W. A. Nichols, 1869-72 ; M. E. Taggart, 1873-74 ; W. S. Potts, 1875-76 ; John M. Fickes, 1877-79 ; R. W. Tayler, 1880-85 ; P. M. Smith, 1885-91; C. S. Speaks, 1892-97; J. H. Brooks, 1898-1903 ; M. J. McGary, 1903-07 ; L. P. Metzger, 1908-12 ; Wm. H. Vodrey, 1913-16 ; Walter W. Beck, 1917-21. SKETCH OF THE SUMMIT COUNTY BENCH AND BAR So far as is known, the first settlement of whites in the present limits of Summit county was made in Hudson in the year 1800. With the opening of the Ohio canal from Cleveland to Akron, in 1827, and through to Portsmouth in 1830, the agricultural interests along the line were very largely stimulated, and also impetus was given to commercial and manufacturing interests. While considerable business had existed in Middlebury and one or two other points in Cuyahoga valley prior to the opening of the canal, that section was greatly benefited when the waterway was completed. Its opening to traffic was followed by activity in Akron and Cuyahoga Falls, which then sprang into existence as manufacturing villages, both at that time being largely supplied with water power. So rapid was the development of these villages that the people soon began to feel that their respective seats of justice in Ravenna, Medina and Canton, where they were compelled to go to serve as jurors, pay their taxes and act as witnesses, were too far from their business centers. As early as 1835 the people in the territory now comprising Summit county began to talk of creating a new county of their own. The proposition was received not at all kindly by the people of Portage, Medina and Stark counties, out of whose fair proportions the new county of Summit would have to be carved. Nothing was definitely established in that direction until 1840. The legislature of Ohio, which convened on the second day of December, 1839, received on the 17th day of the same month from Hon. Joseph Hogland, of Holmes county, as chairman of the committee on new counties, a bill to erect the county of Summit. Representatives from counties that would lose territory by the creation of Summit, opposed the bill. They worked upon representatives from other counties in the state, with the argument that if Stark, Medina and Portage counties should be stripped of a portion of their territory to provide for the establishment of Summit county, the counties which they represented might later on be subject to the same treatment. This argument was used with considerable effect, for there was great delay in bringing about a vote on the bill to create Summit county. On one occasion the bill was referred back to the judiciary committee with instructions to amend, but on the third day of March 1840, Thomas J. Buchanan, speaker of the house of rep-representatives, and William McLaughlin, president of the senate, signed the bill, under which Summit county was created, the measure having passed both houses. The act reads as follows : "Be it enacted by the general assembly of the State of Ohio that so much of the counties of Portage, Medina, and Stark as comes within the following boundaries be and the same is hereby erected into a sep- 166 - The Bench and Bar of Northern Ohio crate county which shall be known by the name of Summit, to wit : Beginning at the northwest corner of the county of Portage ; thence east on the county line, to the northeast corner of the township of Twinsburg, in the said County of Portage ; thence south on the line between the 9th and 10th range of townships of the western reserve to the southeast corner of the township of Springfield in said county ; thence west on the line between the counties of Portage and Stark to the northeast corner of the townships of Springfield in said county ; A thence west on the line between the counties of Portage and Stark to the northeast corner of the township of Green in said Stark county ; thence south on the east line of said township of Green to the southeast corner of the same ; thence west on the south line of the townships of Green and Franklin in said county of Stark to the southwestern corner of said township of Franklin ; thence north on the line between the counties of Stark, and Wayne, the .south line of the county of Medina ; thence west on the south line of the county of Medina to the southwestern corner of the township of Norton in said county ; thence north on the line between the 12th and 13th ranges of townships of the western reserve to the northwestern corner of the township of Richfield in said county ; thence east on the north line of said county and to the southwest corner of the township of Northfield in Portage county ; thence north on the west line of said Portage county to the place of beginning and for the purpose of restoring the County of Medina to its constitutional limits. Townships of Spencer and Homer in the county of Lorain be and the same are hereby attached to and made a part of the said County of Medina. Section 2. That all suits whether of a civil or criminal nature which shall be pending within the limits of those parts of the counties of Portage, Medina and Stark shall so be set off and erected into a new county previous to the organization of said county of Summit and all suits pending within the limits of said townships of Spencer and Homer previous to the taking effect of this-act shall be prosecuted to final judgment and execution within the counties of Portage, Medina, Stark and Lorain respectively in the same manner that would have been if said county of Summit had not been erected, and the said townships of Spencer and Homer had not been attached to and made a part of said Medina county, and the sheriffs, colonels and constables of said counties respectively shall execute all such practices as shall be necessary to carry into effect such suits, prosecutions and judgments and the collectors of the tax for said county respectively shall collect all taxes that shall be levied and unpaid within the parts of the aforesaid counties previous to the taking effect of this act. Section 3. That all justices of the peace within those parts of the counties of Portage, Medina and Stark, which by this act are erected into a new county, and also within said townships of Spencer and Homer shall continue to exercise the duties of their offices until their times of service shall expire in the same manner as if they had been commissioned for the counties of Summit and Medina respectively. Section 4. That on the first Monday of April next, the legal voters residing within the county of Summit shall assemble within their respective townships at these places of holding elections and The Bench and Bar of Northern Ohio - 167 proceed to elect their different county officers, who shall hold their office until the next annual elections and until their successors are elected and qualified. Section 5. That the courts of common pleas and supreme court of said county shall be holden at some convenient house in the town of Akron until the permanent seat of justice for said county shall be established. Section 6. That the commissioners shall be appointed agreeable to the act entitled "an act for the establishment of seats of justices to fix upon a permanent seat of justice for said county of Summit, agreeable to the provision of the above recited act ;" and the commissioners aforesaid shall receive a compensation for their services out of the treasury of said County of Summit and said commissioners shall be authorized to receive provisions for the erection of suitable county buildings by the citizens of such towns and villages as may desire to have the seats of justice of said county established within their re-' spective limits, and in no event shall any taxes for the erection of county buildings for the said county of Summit be imposed upon the citizens of the township of Franklin and Green, which townships are taken from the County of Stark for and during the term of fifty years from and after the passage of this act. The next thing in order before the general assembly was the passage of a joint resolution appointing commissioners to locate the county seat, which was adopted by the house, February 7th and concurred in by the Senate, February 10, 1840, as follows : "RESOLVED by the Senate and House of Representatives that Jacob J. Williard, of Columbiana county, James McConnell, of Holmes county, and Warren Sabin, of Clinton county, be and they are hereby appointed commissioners to establish the seat of justice for Summit county pursuant to an act entitled "An Act establishing seats of justice passed February 23, 1824. The next stage of the proceedings was in the passage of a bill to organize the new county, which was passed by the house without opposition on the 4th day of March, 1840, and unanimously concurred in by the Senate, March 10th, as follows : Section 1. Be it enacted by the general assembly of the State of Ohio that the county of Summit be and the same is hereby organized into a 'separate and distinct county. Section 2. All justices of the peace and constables within the territory taken from Portage, Medina and Stark counties shall continue to discharge the duties of their respective offices until their commissioner terms of office shall expire, and until their, successors shall be chosen and qualified, and suits commenced before the taking effect of this act and which have not been passed, and all writs and other legal processes to be issued after the first Monday of April, next, shall be styled "Summit county instead of Portage, Medina or Stark counties." Section 3. That on the first Monday of April next, the legal voters residing within the limits of the county of Summit shall assemble in their respective townships at the usual places of holding elections and proceed to elect their different county officers in the same manner pointed out in the Act to regulate elections. And the officers so chosen shall hold office until their successors are chosen and qualified. 168 - The Bench and Bar of Northern Ohio Section 4. It shall be the duty of the commissioners of said County of Summit on or before the first day of June first to take charge of all paupers, idiots and insane persons belonging to either of the townships included in said County of Summit and now supported by either of the counties of Portage, Medina or Stark, and the same to maintain thereof at the proper expense of said Summit county. Section 5. The County of Summit for judicial purposes is hereby attached to the third judicial circuit and the first court of common pleas to be holden in said county shall commence its sessions in the town of Akron on the second day of July next, and the second term of said court shall commence on the 8th day of December next. Section 6. That the auditor of state in the re-apportionment of the surplus revenue received from the general government, according to the enumeration of the year 1839, shall apportion to the county of Summit that amount, which, according to the enumeration of the several townships taken from the counties of Portage, Medina and Stark. Said county will be entitled to receive, which revenue shall be paid to the order of the fund commissioners of said county on the first day of June, 1841, provided if within three months from said first day of January, 1841, said fund commissioners do not draw for such revenue the auditor of state shall be governed in the disposition of the same by the first section of the Act to provide for the distribution and investment of the surplus revenue, passed March 28, 1837. Section 7. That in all elections for members of Congress, the County of Summit shall be attached to the 15th congressional district." News of the passage of the bill reached Akron by the arrival of the overland mail from Columbus on Monday evening, March 2, 1840, and there was a great celebration. With the rapidity of lightning the news was spread from house to house, and in less than half an hour the whole town was in great commotion ; cheers were to be heard ; bon fires and illuminations were the order of the day ; while the deep tones of cannon continued to proclaim the birth of the new county to all the surrounding country. It was a spontaneous and universal burst of feeling, such as has seldom been witnessed under any circumstances. Hats, caps and cloaks were thrown up in the air, but the citizens of Akron did not confine their rejoicing over the glorious result to themselves alone, but immediately took initiatory steps for a general new county celebration on Wednesday, March 4th. A committee of 'twelve citizens of Akron and one from each township was appointed and measure was takes to spread the glad tidings as quickly as possible. Dr. Jeddiah D. Commins was made president of the day. A great celebration was held. In accordance with the provision of the bill to organize the new county, an election for county officers was held on the first Monday of April, 1840, both Whigs and Democrats placing. tickets in the field, the Whigs securing the ascendency and electing the entire ticket. Under the constitution of Ohio at that time the judiciary consisted of the supreme court, and a circuit or president judge having jurisdiction of from four to twelve counties. There were three associate judges for each county, all of whom were appointed by the legislature, their respective terms of office being seven years, "if so long they behave well." At that time all the probate business in the county was transacted by common pleas courts, one or more of the associate judges officiating The Bench and Bar of Northern Ohio - 169 for that purpose as occasion required. Upon being organized, Summit County became part of the third judicial circuit, embracing the counties of Ashtabula, Trumbull, Portage and Summit. At the time of the organization of Summit county, Hon. Van R. Humphrey, of Hudson, was the presiding judge ; Hon. Eben Newton, of Canfield, succeeded Judge Humphrey at the expiration of his term in 1844. Judge Newton resigned his position on the bench in the winter of 1846-47, and he was succeeded by Hon. Benjamin F. Wade, of Jefferson, Ashtabula county, who in turn resigned on being elected to the United States Senate, March 15, 1851. The vacancy was filled promptly by Governor Reuben Wood, who appointed the Hon. George Bliss, of Akron, who held the position only until the new constitution took effect in February, 1852. The common pleas judges thereafter were elected by the people—one judge only sitting in place of the three or four under the old rule. In Akron, on the 2nd day of July, 1840, the first term of the court of common pleas for the new county of Summit was opened. Hon. Van R. Humphrey presided over the sessions ; assisting him were Hon. Robt. K. Dubois, of Akron ; Hon. Charles Sumner, of Middlebury, and Hon. Hugh R. Caldwell, as associate judges, though considerable probate and other business proper to be transacted in vacation had previously been done by one or the' other of the associate judges. On the first organization of the court, Rufus P. Spalding was appointed clerk pro tern and he was re-appointed at the first regular session of the court, July 2, 1840. At that time clerks were appointed by the judges of the court in which they were to serve, instead of being elected by the people as they now are. Mr. Spalding held the office with his brother-in-law, Lucien Swift, acting as his deputy until December 14, 1840, when he tendered his resignation. Mr. Swift was appointed clerk for a term of seven years, resigning his office ten days before the expiration of his term, the 3rd day of December, 1847. The next clerk was Lucien S. Peck, of Akron, who came into office on December 3, 1847. His term ended, however, with the adoption of thcr new constitution in 1851, which brought Mr. Peck's services to a close after a period of four years' work. The first clerk elected in Akron by the people was Nelson B. Stone. He was chosen for three years and served one term only. The second elective clerk was Edwin P. Green, of Akron. He served two full terms, being elected in 1854, and was re-elected in 1857. John A. Means followed him, being elected in 1860 ; Clerk Means entered the army in 1861, the duties of the office being performed by his son, Nathan A. Means, during the remainder of the term. William Dodge, of Akron, was the first prosecuting attorney to be elected. He was chosen at the first election of county officers, which was held in the new 'county in April, 1840 ; he was re-elected in October of the same year for two years. The second prosecuting attorney was George Kirkum, of Akron. He was elected in October, 1842, and served two years, or a single term. The next clerk was William S. Otis, of Akron, and he was elected in October, 1844, and served one term. Cuyahoga Falls was honored the next election by the selection of Samuel W. McClure as prosecuting attorney in 1846 ; then came Wm. H. Upson, elected in 1848 ; then Harvey Wheedon, of Hudson ; Sydney Edgerton, of Akron, elected 170 - The Bench and Bar of Northern Ohio in October, 1852, and re-elected in 1854 ; then Henry McKinney, of Cuyahoga Falls, elected in 1856 and re-elected in 1858. N. D. Tibbals, of Akron, was elected in 1860, and he was re-elected in 1862. In 1845 Judges Sumner and Du Bois, the associate judges of the first common pleas court in Summit county passed away, the former on June 19th and the latter October 14th. Hon. John B. Clark, of Hudson, and Hon. James R. Ford, of Akron, succeeded them ; Hon. Sylvester H. Thompson, of Hudson, succeeded Judge Clark after the resignation of the latter in 1846. Other judges under the old constitution were Judge Caldwell, who was succeeded by John Hoy, of Franklin, in 1847 ; Hon. Samuel A. Wheeler, of Akron, who resigned his position on leaving for California in the spring of 1850. His successor was Hon. Peter Vorhis, of Bath. Judges Thompson and Hoy and Vorhis served thenceforth until the new constitution went into effect in 1852. Though none of the associate judges were lawyers, their duties, often delicate and intricate, were discharged with a great deal of care by them and the gentlemen took extreme pains in deliberating questions and facts which were presented to them in the litigation brought to their attention. When the new constitution took effect in 1852, Summit county was attached to the second sub-division of the 4th judicial district of the state ; this subdivision embracing the counties of Summit, Medina and Lorain': The first judge of the new sub-division under the new constitution was Hon. Samuel Humphreyville, of Medina, who was elected common pleas judge in October, 1851. He served his full term of five years. Hon. James S. Carpenter, of Akron, was elected judge in 1856, also serving a term of five years. The judge was not able to take care of all the business that came before him, the docket growing by leaps and bounds, and on petition of the members of the bar of the county an extra judge was credited for the sub-district by an act of the legislature in April, 1858. Hon. William H. Canfield, of Medina, was selected to fill the extra judgeship in October, 1858, for a term of five years. Legal business becoming largely diminished in the early years of the war, the extra judgeship was abolished at the close of Tudge Can-field's term by an act of the legislature passed April 16, 1862. Judge Carpenter was succeeded by Hon. Stephenson Burke, of Elyria, and in October, 1861, Judge Burke was re-elected. In 1866 he resigned the position and retired from the bench about two years before the expiraton of his second term. Governor Rutherford B. Hayes, of Ohio, in the spring of 1869, appointed to the vacancy Hon. Washington W. Boynton, of Elyria, and at the expiration of the time for which he was appointed in October, 1871, Judge Boynton was elected for five years from May, 1872. He served, beside the fraction of Judge Burke's term, the single full term only, because of his election to the supreme bench of Ohio in October, 1876. When the war closed and the nation returned to normal pursuits, business began to accumulate and at length became too great for a single judge to properly handle, and an extra judge for the second subdivision was for the second time created by an act of the legislature in the spring of 1870. Hon. Samuel W. McClure, of Akron, was elected to the new judgeship in October, 1870. He served to the end of his term and declined to be a candidate for the second term. Hon. Newell B. Tibbets, of Akron, was Judge McClure's successor, being elected The Bench and Bar of Northern Ohio - 171 in October, 1875, for five years. He was re-elected for a second term in October, 1880. Hon. John C. Hale, of Elyria, who was Judge Boynton's successor when the latter went on the supreme court bench, was elected in October, 1876, taking a seat upon the bench in 1877, for a term of five years. Akron's development in population and the volume of commercial and manufacturing industries no doubt exceeded the expectations of the early settlers. Men in the 50's could hardly foretell the wonderful future that was in store for the city which is now known throughout the world as "the rubber city." For a time the canal was one of the strong factors in bringing industries to the city. Before the canal closed a new form of transportation sprang up and Akron was fortunate in securing trunk line railroads on which its products have been for several generations carried to all parts of the nation, for either domestic consumption or for shipment by water from ocean ports to all parts of the world. As the city grew in population and as the number of industries multiplied and as new commercial institutions sprang up year after year, the business of the courts grew, and as the city progressed and as new towns sprang up in the county, Summit county was made a separate judicial district, having its own judge for the handling of its litigation. Now several jurists preside over the common pleas court and they are kept busy in the three terms of court which they hold each year. On the adoption of the constitution in 1851, the probate court was created. Charles G. Ladd, of Akron, was the first probate judge to be elected in the county. He was chosen for the office in October, 1851, and for a term of three years. Judge Ladd's health failed soon after his election to the office and Alvin C. Vorhis, Esq., was appointed as his deputy clerk and for the most part performed the functions of the office until the death of Judge Ladd in 1852. Roland 0. Hammond, of Akron, was appointed by Governor Reuben Wood to fill the vacancy occasioned by the death of Judge Ladd. Constant Bryan was elected in October, 1852, for the balance of Judge Ladd's term—two years. In 1854 Noah M. Humphrey, of Ritchfield was elected and he was reelected in 1S57, holding the position for two full terms of three years each. William M. Dodge of Akron, was elected in October, 1860. for three years, but he died in July, 1861. Samuel A. Lane, of Akron, without solicitation on the part of either himself or his friends, was on the 24th day of July, 1861, appointed and commissioned as Judge Dodge's successor by Governor William Dennison, but he declined the honor. Asahel H. Lewis, of Akron, in petition of himself and friends, was then appointed to fill the vacancy until the next general election. Stephen H. Pitkin, of Hudson, was elected in October, 1861, for the balance of Judge Dodge's term—two years. He was re-elected in 1863 and again in 1866, holding office eight years. Ulysses L. Martin, of Akron, was elected probate judge in October, 1869, and was re-elected in 1872, serving two full terms of three years each. Samuel C. Williamson was elected in October, 1875, and reelected in 1878. One of the well known lawyers of the early days of the bench and bar was Judge James S. Carpenter, who studied law with Camp & Canfield at Medina, Ohio. He was admitted to the bar in May, 1838, at Springfield, Ohio. He went to Akron in 1846 and practiced law 172 - The Bench and Bar of Northern Ohio there for many years. Judge C. Bryan located in Akron in the fall of 1833. Other early-day lawyers were Judge S. H. Pitkin, who came to Akron in 1852 from Fulton county, Ill. ; William H. Upson, who was admitted to the bar in 1845 ; Edward Oviott in September, 1856 ; N. W. Goodhue in September, 1847 ; Edwin P. Greene in September, 1852 ; Judge N. D. Tibbals in September, 1855. Christopher P. Walcott, who is regarded as one of the strong men of the bar, was a man of great oratorical power ; his ability to enrapture the jury with the charm of his oratory was well known. The argument which stands most evident as a monument of Mr. Walcott's oratorical power was delivered before the judges of our supreme court on two writs of habeas corpus in the cases of ex parte Bushnell and ex parte Langstrome in May, 1859. In the summer of 1856 Mr. Walcott was appointed attorney general of the state by the governor to fill a vacancy. In the task of assisting Governor Dennison to regulate and systematize the military operations of the state he did valiant work. Early in 1862 his brother-in-law, Edwin M. Stanton, having been appointed secretary of war, Mr. Walcott was appointed assistant secretary of war. The labors which the war imposed upon that department were so strenuous that Mr. Walcott broke down under the strain and died in the summer of 1862—a martyr to his country's cause. Mr. Walcott for weeks gave sleepless devotion to his duties and the indefatigable energy with which he applied both mind and body in that service soon wore him out. Other lawyers well known in the county in the early days were Isiah Humphrey, who died in April, 1877, sorely lamented by his brothers of the bar. Wolsey Wells is another who opened a law office in 1827 in Akron. He welcomed Governor Trumbel to Akron in a speech on the formal opening of the canal to navigation. George Bliss, a native of Vermont, was admitted to the bar in 1843, and soon rose to distinction and formed a partnership with D. K. Carter, afterwards judge of the supreme court of the district of Columbia. Mr. Bliss was subsequently a common pleas judge by appointment of the governor. In 1852 he was elected to the House of Representatives by the Democrats. He died in Wooster, Ohio, in 1875. Lucius. B. Bierce came to Ohio from Connecticut ; in his time no member of the same county bar was so dreaded before a jury as Mr. Bierce, as he could never be thrown off his feet, neither could he be induced to lose his mental balance. In 1861 he was elected to the senate of Ohio by the Republicans. He took an active part in raising troops for the Civil War. In 1863 he was the assistant adjutant general of Ohio. Harvey Whedon opened a law office in 1838 in Hudson ; he died in August, 1855. W. S. Otis was born in Cummington, Mass. He was admitted to the bar in Ohio in 1833. Mr. Otis' strength lay in his keenly discriminating powers, his ample powers of deducton and the clarity with which he presented facts to the jury and the law to the judge. He had great earnestness and ready memory, spoke fluently and always to the point, though somewhat wordedly ; his facts and arguments were laid out with rare skill and judgment. He was prosecuting attorney in 1844 and in 1850 was elected delegate to the constitutional convention of Ohio. He was the president of the first bank established in Akron and held that office for some years. William M. Dodge was admitted to the bar in 1830. He was pro- The Bench and Bar of Northern Ohio - 173 bate judge of Summit county in 1860 and before that had been made prosecuting attorney, about July 22, 1861. One of the cases foremost in the annals of the bench and bar of Summit county arose under the well-known fugitive slave law, a measure which was enacted to enable southern slave-owners to pursue into the north fugitive slaves and to bring about their return to the country below the Mason and Dixon line. Jim Worthington came into Akron in the early 40's. He was a tall, athletic and very black young negro. Jim was a barber, who opened a shop for himself, and he soon prospered. In Spicertown he erected a home for himself and he married a girl by the name of Maggie Baird. For some cause Maggie left Jim and gave out information that her husband was a fugitive slave. In the middle of May, 1854, a well-dressed stranger called at Jim's shop for a shave, and in the course of his conversation said he wanted to buy a lot in Akron for a widowed sister. Jim took the stranger to his new house, but he little dreamed that it was himself instead of his house that was being examined. Captain J. J. Wright, then marshal of Akron, on the evening of May 18, 1854, was informed that a sheriff from Chicago wanted to see him on important business. He found there two men, one of whom said he was a sheriff from Chicago and the other said he was a deputy U. S. marshal from Newark. They informed Wright that they were after a large gang, which was making and circulating counterfeit coin, one of whom was a barber by the name of Jim Worthington. Having heard of Jim's prosperity, and thinking it was, perhaps, due to the passing of counterfeit coin, Wright readily went along to show them the way and to aid in making the arrest of Jim Worthington. Jim was found in his yard and was arrested. He declared he was innocent of any such crime and he demanded to see General Bierce, one of the leading lawyers in the city. He was told he would have a hearing at Hudson, but he insisted on a hearing in Akron, and he declined to go to the depot. By this time Marshal Wright began to surmise that he had been imposed on and started to find General Bierce. Other citizens heard of the matter and they came into the depot at this time where Jim was in custody of the two alleged officers and demanded to see the papers on which Jim was detained. The paper was shown and as it lacked every legal feature, the people directed the sheriffs to release Jim at once. This they refused to do and they threatened to shoot anyone who would attempt to rescue him. The threat of the kidnappers to shoot infuriated the crowd, who became menacing, and the two alleged officers fled. Jim disappeared in the crowd and could not be found for some time. Judge A. C. Vorhis, then the law partner of General Bierce, not having any fear for the men of slavery or the slave hunting people of Uncle Sam, harbored and concealed Jim in the back attic of his house on South Broadway for several days until Jim's business matters could be properly arranged for a protracted absence, after which Vorhis turned the fugitive over to an agent of the underground railroad to be shipped into Canada. Some time later Judge Vorhis confessed to having stolen a negro from the plantation of ex-President John Tyler, on the James river. Many other similar occurrences took place in the exciting days before the war. Among the famous murder trials was that of the case of the State 174 - The Bench and Bar of Northern Ohio of Ohio against "Watt" Henry, whose fatal assault upon his wife, Bridget, caused great excitement, at the time, in Akron. The ParksBeatson murder, which was one of the most cold-blooded butcheries in the annals of crime, was another occurrence which stirred up the county. James Parks, a notorious character in England before his arrival in this country, opened a saloon in Cleveland in about the year 1851. On his trip over from England there was on board ship with him a man by the name of William Beatson, who came with Parks, to near Buffalo. On parting, Parks gave Beatson his address, urging him to come to Cleveland if things did not go to his liking in Buffalo. In the morning of April 13, 1853, Beatson came to Cleveland and displayed a roll of bills to Parks, who then proceeded to get Beatson intoxicated and endeavored to persuade Beatson to remain in Cleveland. Beatson wanted to go to Pittsburg ; tickets were bought and paid for with Beatson's money and the 7 :30 evening train was taken for Pittsburg. From the well-filled bottle provided by Parks, Beatson was supplied with liquor, so that by the time he reached Bedford he was very drunk ; while Parks, although taking frequent pulls from the bottle, was sober. Soon after leaving Bedford, Parks accidentally lost his hat out of the car window, and he persuaded Beatson to let im have his check and the key to his chest to get a cap, which he knew could be found therein. Parks searched Beatson's baggage and did not find the money he expected to see there. On reaching Hudson, Parks aroused Beatson from a drunken sleep and hustled him onto the Akron train. The two were put off at Cuyahoga Falls in the midst of a driving rain, at about 10 :00 o'clock at night, the Pittsburgh train having been delayed for some time at or near Macedonia, by a fallen tree across the track. On going from the depot to the American House kept by A. W. Haw, the matter of going back to Hudson was discussed ; Beatson insisting that they remain in Cuyahoga Falls and Parks insisting that they walk back to Hudson. They set out for Hudson, and the next morning Henry F. Watters, while near Gaylord's Grove, saw large splashes of fresh blood high up on the walls of the bridge under which the wagons rode upon the earth underneath. Beatson's body was found beneath the surface of the river a short distance below the bridge—naked and headless. Prolonged search, however, failed to discover the severed head, though the clothing of the murdered man was found scattered about the adjacent wood in the P. & 0. canal, a short distance east of the river bridge, cut to pieces, as though every seam had been searched for money secured therein. After a long search Parks was finally arrested. He was tried and convicted and sentenced to be executed, and preparations were made for the execution, when a writ of error was obtained and a new trial was granted. This caused great excitement on the part of the people and a change of venue to Cuyahoga county was given. A second trial was held and he was convicted again on first degree murder. Parks made several attempts to escape and two attempts at suicide. At ten minutes before twelve o'clock on Friday, June 1, 1855, Sheriff Seward and Marshall Jabez Fitch escorted the malefactor to the scaffold in the corridor of the Cleveland jail, on top of which he made a speech to the public, expressing his innocence. Then his arms were tied to his side, the trap Was sprung, his body shot downward ; there were a few convulsive movements of the legs and the body, and a few seconds later he had gone to meet his Creator.