THE PAN-HANDLE - 525 bell, Esq. The first located upon what is called the ridge near where the house of J. H. Atkinson now stands, and the second near the mouth of Hardin's run, upon the bank of the river. " The mill now owned by Mr. Smith at that early date ground out the grist of the farmers for miles around, as they came upon packhorses along the bridle paths. Another large log house with double doors stood upon the grounds of the present Clifton works, having at that day served for half a century as a house for several families, and a refuge against the incursions of the Indian maruaders. It still serves as a home for a family, and although the storms of a century have passed over it, bids fair to last a generation longer." "These completed the settlements, while all between was forest and tangled wood which could have been purchased at from $1 to $10 per acre, the inhabitants of that day little dreaming of the wealth underlying these hills, or of the population that would succeed them." " It is about sixty years since the first clay was taken from the banks of Mr. john Gamble, by Mr. Thomas Freeman, and by him made into brick in the city of Pittsburgh. But experience soon taught that to prosecute the business successfully the manufacture must be conducted at the mouth of the clay bank, and where coal and' wood could be found in abundance with which to prepare the bricks for market. Accordingly, in the spring of 1832, Mr. James G. Porter, then a young man, moved to a small house near the present site of W. B. Freeman's brick works, and commenced the making of brick—the first made in the county. Two years afterward Mr. Thomas Freeman followed with his family, and Freeman's Landing became known to river men as quite a place of business, and soon opened up to the farmers of the vicinity a home market for their products." "About 1837 James G. Porter and Philip Beall formed a partnership under the title of Porter & Beall, at what is now the brick yard of Thomas Anderson. Thomas Freeman and Messrs. Porter & Beall for several years supplied the whole market. Then a keel boat that would carry 20,000 brick was considered quite a vessel, but would appear rather insignificant alongside of our modern keel or barge freighted with 100,000 to 150,000 brick. Those small boats served to carry on the trade with Pittsburgh, while Wheeling obtained her supply with small flats propelled from that city to Freeman's Landing in about two days by horse towing, or the still more primitive mode of pole, or the hand tow line. These laden with 5,000 or 6,000 brick and a few tons of clay would descend in about a day." "About the year 1837 brick were made very cheaply. Good hands could be hired at $10 per month and board, or $16 without board. Flour cost but $2.50 to $3.00 per barrel. Pork 2 to 3 cents and good beef at from 4 to 6 cents per pound, while boats and lumber did not cost more than one-third of the price now paid for them. Mr. Philip Beall dying in the spring of 1844, Mr. James S. Porter opened a new yard where now stand the works of John Porter & Co., and Thomas Anderson continued to make brick at the old site of Porter & Beall's yard." 526 - HISTORY OF THE UPPER OHIO VALLEY. " Beginning with the season of 1838, a small trade had been opened. up with the sugar planters of Louisiana which had been wholly supplied with fire brick from England. So rapidly had grown the iron trade of the Ohio valley that the brick trade of some 200,000 in 1837 had grown to more than 1,500,000 in 1844. About the year 1846 Messrs. Begham, Stewart and Harper commenced to make brick above ail,' adjoining New Cumberland, and prosecuted the business until near the beginning of the war, when the property came into the hands of Smith, Anderson & Porter, since which time the works have not been in operation. In 1846 Shanley & Flowers opened a new yard, and Carson & Minn opened another at what is now Williamson's saw-mill." " In 1858 James L. Freeman started the yard at the mouth of Holbert's run and successively took into partnership his brothers, Samuel D. and Charles A. Freeman, under the firm name of J. L. Freeman & Bros., until 1875, when the senior partner retiring, the name was changed to Freeman Bros. In 1856 a new yard was started by J. H. Atkinson and Thomas Garlick, adjoining that of J. H. Atkinson, under the name of Atkinson & Garlick." "About the year 1866 Thomas Huston commenced to make brick. About the year 1853 Thomas Manypenny, with his three brothers, purchased the !Etna works of Thomas Freeman, and conducted the business under the name of T. Manypenny & Co. The following is the production for 1867: Campbell & Logan, 300,000; Porter, Anderson & Co., 600,000; Huston & Wilson, 400,000; Thomas Anderson, 800,000; John Porter & Co., 800,000; W. B. Freeman, 700,000; J. L. Freeman & Bros., 400,000; Morgan & Son, 300,000; Smith & Porter, 900,000; J. H. Atkinson (old yard), 900,000; J. H. Atkinson (new yard), 600,000; Joseph Stewart & Co., 400,000; T. Manypenny & Co., 700,000. Total amount, 6,800,000." In the following year quite a number of yards were opened, but it is unnecessary for us to trace this industry further. Enough has been stated to show its rapid growth and importance. For the following statistical information the writer is indebted to Mr. John Porter, of New Cumberland. Within a radius of five miles of New Cumberland there are fourteen fire brick works with an invested capital of $250,000, while the business amounts to $750,000 per annum. There are also in this county one iron stone china works and two sewer pipe and terra cotta works, with an invested capital of $100,000. The fire clay was first utilized in 1830. The manufacture of it was commenced with very crude machinery. The mud was mixed by oxen and the bricks were transported to market in small keel boats drawn by horses. Pittsburgh was then the principal market. There are about 100 gas and oil wells in the county, although the gas is not so great now as it was, having decreased in volume. It is utilized in burning fire clay products. The production of oil in barrels is about 220,000 barrels per annum, which is piped to Washington and Pittsburgh, Penn. The oil is of a superior quality, and its value is about S275,000 per annum. Some of THE PAN-HANDLE - 527 the largest oil producing wells in the county are known as the Brice Bros.', which flows on an average of 100 barrels per day. Fisher's, which flows about eighty barrels per day, and several others in the eastern and southern portion of the county. Other territory is now being developed, which will no doubt largely increase the above totals. This is the most northern county of the Pan-handle and the state, and is bounded as follows: On the north by the Ohio river, on the east by Pennsylvania, on the south by Brooke county and on the west by the Ohio river. It is about thirty miles in length with an average width of about six miles. The surface is uneven and inclined to be hilly, but like all of the counties composing the Pan-handle the soil is fertile and well adapted to the raising of grain, producing largely of wheat, oats and corn. Land demands good prices—improved land selling from $40 to $125 per acre, and unimproved from $10 to $40 per acre, but very little of either being for sale. To some extent iron ore has been discovered, which is said to be of a superior quality, but the cost of excavating for it would not justify the outlay. The section of country embraced in the counties of Hancock, Brooke, Ohio and Marshall in West Virginia, and in Washington county, Penn., is the best wool raising country in the United States and even in the world, say competent judges, surpassing even the Australian wool in the fineness of its texture, and is largely used in the manufacture of " ladies' dress cloth." The reason of the superiority of the wool raised in the territory mentioned is to be found in the character of the soil, it being a limestone clayey soil. In addition to the soil the water and the climate are also elements which enter into its composition. For the last twelve or fifteen years wool growers have labored under difficulties. During this period the growing of wool has not only decreased but it has also depreciated in price. This is due, in a great measure, to certain rulings under the tariff, as for instance Australian wool shipped in scraps paid a duty of from three to five per cent., while fleeces were compelled to pay a duty of from ten to per cent. The Australian shipper took advantage of this, and instead of shipping in fleeces adopted the practice of shipping scraps, thus securing the benefit of an almost free tariff for his wool which enabled him to compete successfully with the home producer. Upon investigation the ruse was discovered and now Australian wool pays the duty according to its value. The result is, therefore, that the price of wool which has been depreciated for the last fifteen years, is demanding a steadier and increasing price. The superiority of the wool raised in the section named over other sections of the country may be demonstrated by this illustration. Take a flock of sheep from this section and transfer them say to Iowa or any other western state and the wool loses the firmness of its fibre and texture, thus depreciating in grade, and in the course of two or three years, at the furthest, it will be on a par with the grade of wool raised in the states referred to. But bring back this same flock of sheep to this section from whence they were originally taken, and in 528 - HISTORY OF THE UPPER OHIO VALLEY. the same period of time which occasioned its depreciation it will recover its superiority in all respects. The farmers and sheep growers in these counties find that the value and productiveness of their lands are enhanced by raising sheep, because the soil is not exhausted by the growth of crops which require annual plowing, as is the case in grain. Hence the rains do not wash and waste the soil, and thereby destroy its recuperative powers. The favorite and the general breed of this section is the Spanish Merino. There are a few clips of the Saxony, Mr. Ninian Beall, Sprigg Jacob, James Ridgely, John Baird & Bro. and John Faris & Son, have the Saxony. Of the counties named in West Virginia, wheat, oats and hay are-the staples. The prices of grain have greatly depreciated during the last fifteen years because of the competition of western grain, which can be brought here and sold as cheap as that raised here. The effect of this has also been to depreciate the value of farming lands in the counties named. Wheat, on an average, brings about $1 per bushel; oats average about 30 cents per bushel; corn about 40 cents per bushel, and hay about $10 per ton. In the territory embraced in these counties is raised the finest quality of fruits as well as the finest flavored vegetables of all kinds and varieties. Iron and Steel.—Iron and nails is and has been the leading industry of Wheeling for more than a generation past. When the manufacture of nails was first introduced here they were made by hand, and the iron used in this industry was brought here on pack horses from the east. It is now one of the largest iron producing cities in the world. There are eight nail factories in the locality and seven blast furnaces. Three steel plants convert large quantities of its iron into. steel, which is in such demand that it far exceeds their capacity to furnish the supply. There are three sheet mills, two bar mills, and many foundries, forges and machine shops, which turn iron into every known shape and purpose. The first iron mill erected in Wheeling was built in the year 1834, having been built by Messrs. Shoenberger & Agnew, on the site of the present Top mill. The next in order was the Virginia mill, organized in 1847, by E. M. Norton & Co., which was engaged in the manufacture of nails only, and was located at the point of confluence of the creek with the river, now occupied by the site of the B. & 0. railroad depot. This mill started with forty machines. The Belmont mill was the next in order, and this also was built by Mr. Norton and others, in 1849. In 1853 the Virginia mill was re-organized and removed to Benwood, Marshall Co., four miles below Wheeling. In 1852, E. C. Dewey, Esq., established the Eagle Wire mill. In 1860, Dewey, Vance & Co., operated the Wheeling Iron and Spike works. The next to be mentioned is the Riverside Iron and Steel works, of which J. N. Vance is president. In 1852 the La Belle mill went into operation under the auspices and control of Bailey, Woodward & Co. The following information concerning these industries has been contributed by our friend, J. N. Vance, Esq., one of the best informed THE PAN-HANDLE - 529 and most enterprising of our fellow citizens in the line of his business. He says: " We have seven nail mills with a combined capital of $4,100,000, containing 1,140 nail machines, with an annual capacity of 2,830,000 kegs of steel nails, which are distributed all over the country, but mainly through the west and south, including California and Oregon. The superiority of the Wheeling steel nails is acknowledged in all sections of the country, and they command a higher price and have the preference over all other brands. We have in successful operation three Bessemer steel plants, with a combined capital of about $1,200,000, and producing about 210,000 tons of soft steel annually. This steel is used for a great variety of purposes, and has largely superseded the use of wrought iron. Three mills her manufacture bars and sheets in all their varieties out of iron and steel, and have an annual production of 38,000 tons, which meets with a ready sale in all parts of the west and northwest. Five blast furnaces are located here using Lake Superior ores and Connellsville coke, and producing about 180,000 tons of Bessemer pig iron yearly, which is all used here in the steel plants. Steel, gas and steam pipe is being successfully manufactured here by the Riverside Iron works. This is a new industry, being the only establishment manufacturing steel pipe in the country. It has an active sale, and is growing in favor rapidly where a high pressure and great strength is required." In 1880, Wheeling, including those in its vicinity, according to the census report of that year, had thirteen iron works. Of this number eight are credited to Wheeling. These eight had: Capital, $2,274,425; employes, 2,629; yearly wages paid, $1,098,296; raw material used, 2,502,053; value of product, $4,416,567. Glass Manufacture. Within the limits of Wheeling are three glass manufactories having seven furnaces and eighty odd pots in which .are employed about 1,500 men in various branches of the work. In 1815, a glass-works was established in Wellsburg, and in the year 1820, they are estimated to have turned out a product amounting to $20,000 in value. In 1831, there were two factories in operation in Wellsburg. In 1840, she had but one, which did a good business. At present there are Dalzell Bros. & Gilmore Table Ware factory, the Riverside Glass works, the Lazear Glass works, the Wellsburg Window Glass works and the Venture Glass works. There are few places possessing greater advantages for the manufacture of glass and other industries than Wellsburg. The first glass factory in Wheeling was built in 1821. Its specialty was the manufacture of window glass. Another was opened about 1829, on the side of the hill opposite the head of Tenth street. This was a cut-glass factory. In 1835, the Messrs. Sweeney (Thomas and Michael, brothers), built a flint-glass house in the north end of the city. Later, Plunkett & Miller operated a glass factory in East Wheeling, on the site of the present school building in Union district, and afterward they operated the South Wheeling works. In 1845, J. L. Hobbs & Son carried on these works, J. L. Hobbs having been connected with them from that time down to within the last two or three years when he retired from active con- 34—A. 530 - HISTORY OF THE UPPER OHIO VALLEY. nection with them and they are now operated by a new company. In 1889, Wheeling had three glass houses with seven furnaces and seventy-two pots and they had a combined capital in round numbers of a half million of dollars and employed nearly 900 hands. The Wheeling glassware for excellence and beauty cannot be surpassed. The city is noted for her manufactures in this line of industry. It is shipped in large quantities to ,de, and especially is this the case with the Central Glass works which makes large shipments annually to Germany. Dealers in glassware from the principal cities of the country periodically visit this city, to examine styles and designs and to leave their orders for stock. Potteries.— The first lot of vitrified china ever made west of the Allegheny mountains was produced at the factory of Homer Laughlin, in East Liverpool, Ohio. It suffered nothing from comparison with the best French, German or other vitrified china. The first step in the art in what is technically called potting, is to get a list of the bodies used in it, and the second is to classify them, as for instance, bodies, glazes and colors. Then there are bodies known as earthenware, china, porcelain and terra cotta, includin g all the varieties of white and colored glazed dey or vitrious. The manufactury of pottery has been practiced for a long time, though the specimens of taste or workmanship were not of the choicest, for we find that Pompey's soldiers carried some from Pontus to Rome, B. C. 64. The progress made in the last fifty years has been truly wonderful and especially do we have reference to our country. To this day there are potteries in England working exactly on the same lines they did when they first started in the business a century ago. The same methods of making slip by hand —the same process of drying— the same throwing wheel turned by hand, the same turning lathe worked by the foot, in fact everything the same as when they first commenced. The great improvement in machinery and the skill of our workmen is placing this industry not only in competition with foreign manufactures of the same character, but have already in a general way excelled them. The excellence of American earthenware is nowhere more forcibly shown than in the potteries of the Pan-handle. The facilities available for the prosecution of the industry are admirable, and the results developing the fact that their wares are enabled to successfully compete in prices and quality with any similar industry elsewhere located. Cigars and Tobacco.— One of the most important of the manufacturing interests of the city of Wheeling, and which is carried on to a greater or less extent, in all of the counties composing the Pan-handle, is the manufacture of what is known to the trade, of a cigar called the "Stogie," which has attained to such a degree of prominence, as to have extended its popularity and field of occupation from the Ohio river to the distant shores of Behring,s Straits. Manufactured tobacco for chewing and pipe smoking is an increasing industry. Millions of pounds are annually produced. The internal revenue office of this district, derives a large and constantly growing revenue from this source, as is evidenced by the large and increasing number THE PAN-HANDLE - 531 of stamps required by manufacturers. The returns of the internal revenue office in the city of Wheeling, shows that the value of stamps sold in the first six months of the fiscal year 1889, amounted to the sum of $172,341.93. For the corresponding six months of 1890, the value of the stamps issued amounted to the sum of $236,044.55, showing an increase in value of $64,7o2..62, in the first six months of the current year, and that the crease has been regular and steady. The Wholesale Trade.— This trade is annually expanding, keeping pace with the increase in wealth and population of the surrounding country. Not only are the merchants of the Pan-handle, known in every portion of West Virginia, but they have become known and have extended their trade into southern Pennsylvania, western Maryland, eastern Ohio and in Kentucky. In hardware and agricultural implements, boots and shoes, hats, dry goods, notions, confectionery, cigars and manufactured tobacco, drugs, queensware, glassware and groceries, the volume of business is very large, and no competition has been able to prevent its growth and increase. The whole jobbing trade, embracing all' branches, is in the hands of men of ample capital and first rate credit, able to buy low and sell at reasonable prices. Their character for fair dealing, and this may be said of those engaged in all branches of business, is above reproach, and none enjoy the confidence of eastern merchants to a greater degree than do the business men of the Pan-handle, among whom there are fewer failures in proportion to their numbers than a like community in any other portion of the country. But it is not our purpose to enter into a detailed description of the different branches of trade carried on in this section, but only in a general way to give some idea in a very limited space, of some of the most prominent industries (and not all of them) so that the reader may form some slight idea at least of the advantages of the upper Ohio valley in a business point of view, and the facilities it enjoys as a manufacturing center. 532 - HISTORY OF THE UPPER OHIO VALLEY. CHAPTER XV. BENCH AND BAR OF THE PAN-HANDLE - FIRST COURT IN OHIO COUNTY -EARLY ATTORNEYS - SKETCHES OF LEADING LAWYERS OF OHIO COUNTY -EARLY JUDICIARY OF BROOKE COUNTY - ORGANIZATION OF THE COURTS OF BROOKE COUNTY - PROMINENT MEMBERS OF THE BROOKE COUNTY BAR-EARLY COURTS OF MARSHALL COUNTY LAWYERS OF MARSHALL COUNTY - COURTS OF HANCOCK COUNTY - SOME LEADING LAWYERS OF HANCOCK - THE BENCH - SKETCHES OF JUDGES. LAWYERS and the judiciary always form an interesting part of the history of every community, and much might be chronicled, but in this mention only the conspicuous actors can receive notice. Indeed, many of this class have passed into oblivion, as no record has preserved the facts connected with their lives and labors. The members of the judiciary of the various courts, viz.: County, " circuit-superior," circuit, municipal, Ohio county (special) , federal and court of appeals, all have secured some, although many but brief mention. Of the bar of the older counties only the leaders are given special notice. The first court held in Ohio county after its organization was at Black’s cabin, on Short creek, January 6, 1777. This was a county court, composed of justices of the peace elsewhere mentioned. John McColloch was appointed high sheriff, and Philip Pendleton, who came from Berkeley county, was commonwealth’s attorney, and James McMechen clerk. George Brent, Esq., was at the same term admitted to the bar. At each term of court many non-resident attorneys were admitted to practice, and at this date it is difficult to ascertain the names of those early attorneys who were residents of Ohio county. Philip Doddridge commenced the practice in the latter part of the eighteenth century and had a large share of the practice in the county court. Charles Hammond, a student of Doddridge, was at Wheeling in 1805. A. Hamilton and W. A. Harrison were also admitted to the bar at an early day. Samuel Fitzhugh and Moses Chaplaine were for some time partners. The latter was the first mayor of Wheeling, serving from 1836 to 1840. Samuel Irvin came to the county in the early part of the century. Morgan Nelson, who became wealthy, was from Kentucky. He was licensed to practice in the circuit court in 1820. Lewis Summers was a regular attendant upon the court held at Wheeling, but was not, however, a resident of Ohio county. Asa Andrews, William E. Russell and Samuel Atkinson were familiar names at the bar in the decade of the thirties. E. H. Fitzhugh and THE PAN-HANDLE - 533 Nathaniel Richardson were men of more than ordinary legal attainments and both were active practitioners for many years. Noah Linsly, an early attorney, can from Branford, Conn. His family was of English descent, his earliest ancestors in this country, being John Linsly, who emigrated from London, England, in 1644, and settled here in New Haven. Noah was the third son of Josiah Linsly, his mother,s maiden name being Rachel Fowler. He prepared for college at East Gifford, under the Rev. Dr. Todd, and was admitted to Yale in 1787, graduating in 1791. For a time after graduating, he taught school at Feathersfield, when he left for a tutorship in William,s academy, now William,s college, under President Fitch. After leaving Yale, Mr. Linsly commenced the study of law at the law school in Litchfield, under Tapping Reeves, but at what time he was admitted to the bar is not known. After completing his law studies he moved in 1797-8 to Morgantown, Va., now West Virginia, where he remained two years, and then removed to Wheeling, where he practiced with success for several years and was for a time commonwealth,s attorney. He died of hemorrhage of the lungs in 1814. In his will he made provision for the establishment and maintenance of a school in the town of Wheeling, on what was known as the " Lancasterian " system, and what is now Linsly institute, as the outgrowth of his bequest. Perhaps one of the most brilliant lawyers who practiced at the bar of Wheeling during the first half of the present century, was Samuel Sprigg. He was admitted to the practice early in the century, and was as early as 1814 appointed commonwealth,s attorney. The estimation in which he was held by the people may be imagined when it is known that for nearly sixteen years he was retained as the attorney for the commonwealth of Virginia. His professional career was one of unusual activity, his name appearing more frequently in the bar docket than that of any of his contemporaries. Perhaps no better estimate of his character and ability can be obtained at this time than that found the record of a meeting of the bar at the time of his death, which occurred in 1843. At the meeting Zachariah Jacob, was chairman, and E. H. Fitzhugh, secretary. The following testimonial was offered by Gen. James S. Wheat: " Death has come among us and has stricken down our brightest ornament, Samuel Sprigg. While we bow with submission to the force that has terminated a life of honor and usefulness, we would with fond regret dwell upon his virtues and remember his merit. With talents peculiarly adapted to his profession, exalted and strengthened by an ardent temperament and generous ambition, he was an advocate of unrivaled favor, whenever the opressed needed vindication and support, or the vicious exposure or punishment. He gained the highest honors of his profession and wore them with the modesty peculiar to his merit. A long and intimate association with him left upon our memory, nothing to lessen our admiration and affectionate regard. As a man we all loved him, as a citizen he was the able and untiring advocate of every public interest." 534 - HISTORY OF THE UPPER OHIO VALLEY. Zachariah Jacob, who for many years stood at the head of the bar of Wheeling, was a native of Ohio county. He was admitted to the practice in the twenties. His long life of usefulness as a lawyer and citizen was never tainted by a suspicion of dishonesty. The records of the courts show that his practice was very large. He did not excel as an advocate, but as a lawyer he perhaps had no superior at the bar. He was a useful citizen, and was always in the lead in whatever promised to promote the interest of the community. He died late in the sixties much lamented. Gen. James S. Wheat came to Wheeling from Washington, D. C., and was admitted to the bar of the circuit court in October, 1831. He at once became prominent as an attorney. He was a man of refinement and culture, and courtly and faultless in his manner. While he was not considered so profound in the law as some of his compeers, he was nevertheless one of the best equipped attorneys of his day. He was a ready and fluent speaker, and on all public occasions was much in demand as an orator. He served as attorney general under the re-organized government of Virginia, and was also a member of the constitutional convention of West Virginia in 1872. Joseph H. Pendleton, father of Hon. John 0. Pendleton, was born in Louisa county, Va. He entered Bethany college in Brooke county, W. Va., in about 1844. He attended the college four years, and after graduating entered Judge Thompson,s law school at Staunton, Va. After finishing the course at the latter school he returned to Brooke county and entered upon the practice of law at Wellsburg, and in August, 1851, he removed to Wheeling, where he soon became one of the leading attorneys of Ohio county. In 1861 he joined the Twenty-third regiment Virginia infantry, entering as major, and served through the entire war. He also represented Ohio county in the Virginia legislature during 1863-4-5, holding at the same time his commission in the confederate army. At the close of the war he spent four years at Wellsburg and Bethany, Brooke county, and in 1870, after his disabilities were removed he returned to Wheeling and again entered the practice. While not a student in the strict sense of that term, he was by intuition a lawyer, and as an advocate ranked among the most brilliant men of the West Virginia bar. Among the prominent and brilliant members of the Wheeling bar previous to the late war, and one who figured conspicuously in the affairs of both the city and state during that period, was Charles Wells Russell, deceased. He was a native of Virginia, having been born on July 19,1819. Mr. Russell came to Wheeling and attended school for about one year, and next entered Jefferson (now Washington) college at Cannonsburg, Penn., from which he graduated. Returning from college he became a law student in the office of Z. Jacob, and upon receiving his license he entered the practice and at once took rank as a most promising attorney. As time passed he developed all the necessary qualities of a brilliant and successful lawyer, and by 1861, when he went south, he was recognized as the peer of any member of the Wheeling bar. In public matters he was a leader THE PAN-HANDLE - 535 and when the war of the rebellion began he espoused the southern cause and for four years was a member of the confederate congress from Virginia. At the close of the war he went to Canada and remained there between eight and nine months, when he returned to the United States and located at Baltimore and practiced his profession in that city with distinction until his death, which occurred in November, 1867. Hon. A. B. Caldwell, now practically retired from the practice, enjoys the distinction of being the first attorney general of West Virginia. He served two terms and was the first and the last republican to hold that position. He was for a time prosecuting attorney for Ohio county, and has had a long and useful career. Col. Robert White served the state as attorney general, having been elected in 1876. He was educated for the law at the school of the famous Judge John W. Brockenbrough, of Lexington, entered the practice at Romney in 1854, entered the confederate army in 1861, and rose to the rank of colonel. After the war he returned to Romney and again resumed the practice with ex-Gov. Jacob as a partner. After his retirement from the office of attorney general he became a permanent resident of Wheeling, and has since practiced here with much success. Hon. Alfred Caldwell, at present filling the office of attorney general of West Virginia, was elected to said office by the democratic party in 1888. He had previously served in the state senate, where he became conspicuous for his ability. Although a young man he is recognized as one of the brilliant and able lawyers of the state. Brooke County Bar. The territory now included in Brooke county was prior to the organization of said county a part of Ohio county, and before the organization of a court at Wellsburg there were one or more resident attorneys. Philip Doddridge had long been a member of the Wheeling bar. At the first session of the court held in Charleston (now Wellsburg), Philip Doddridge and John Relfe were admitted to practice. The latter was appointed attorney for the commonwealth, and had a long and successful career at the bar. The court was composed of the following justices: John Henderson, John Beck, William Griffith, Alexander Stephenson, John Connell, Richard Elson, Francis McGuire, Isaac Meek, George Hammond, Josiah Gamble, Robert Caldwell, and James Griffith. William Griffith was the senior and became presiding judge. The first term of the circuit court was held by Judge Joseph L. Fry in 1831. Dr. John C. Campbell was appointed commonwealth,s attorney. He had been a successful practitioner of medicine, but gave it up to engage in the law. He was one of the few men who have succeeded in an eminent degree in two professions. After a long professional career he became a banker, and before his death, removed to Wheeling, where he was connected with the old Northwestern bank. Jesse Edgington was an early settler in Brooke county. He bought a large tract of land opposite Steubenville, and at one time represented Brooke county in the house of delegates of Virginia, also in 536 - HISTORY OF THE UPPER OHIO VALLEY. the senate. He was not a profound lawyer. Daniel M. Edgington, brother of Jesse, was raised and educated in Brooke county, and practiced there for a time. He was a fine lawyer, a polished orator, and had but few rivals as an advocate. O. W. Langfitt, conspicuous at the bar of Brooke county for many years, was an able lawyer and strong advocate. Dr. George W. Caldwell, who was accidently killed in June, 1887, was for many years the lender of the bar. James Hervey was long in the practice at this place. J. C. Palmer, now longer in the practice than any resident member of the bar, was admitted to the practice in 1854. He is now practically retired from the law and is devoting his best energies to the management of the Wellsburgh National bank. The present members of the bar are: John. C. Palmer, H. C. Hervey, Thomas Boyd, J. R. Braddock, D. A. Hindman and J. F. Cree. The following sketch of Philip Doddridge, who was, perhaps, the most conspicuous and distinguished lawyer of West Virginia, is taken largely from the press accounts published at the time of his death: Philip Doddridge was the second son of John Doddridge, who was a native of Maryland, born there in the year 1745, where on the 22d of December, 1765, he married Mary, the daughter of Richard. Wells of that state. They emigrated from Maryland to Bedford county, Penn., and there Philip was born on the 17th of May, 1772. In the spring of 1773, they removed to Washington county, Penn. At that time this place was within the jurisdiction, and was supposed to be in the territory of Virginia. But afterward when Mason and Dixon,s line was established, and the western boundary of Pennsylvania was drawn due north from the western terminus of Mason and Dixon’s line, the residence of the Doddridge family was included, by a short distance, within the territory of Pennsylvania: During the minority of young Philip the facilities for acquiring an education were very meager in the vicinity of his residence. There were neither colleges nor academies there, and the common schools were of an inferior character. Indeed, were few schools of any grade. Nor did the circumstances of his parents enable them to send him to distant seats of learning. Until he was seventeen years of age he was kept at home working upon the farm, receiving, however, from his father, who was a "good English scholar," such instruction as the intervals of their toil permitted the one to give and the other to receive. At the age of seventeen he was placed at school in Charlestown, now Wellsburg, Brooke county, W. Va., under the tuition of a gentleman by the name of Johnson. Here he remained a short time devoting himself principally to the study of the Latin language. In 1799, Mr. Doddridge married Miss Juliana P. Musser, of Lancaster, Penn., who survived him twenty-seven years. She died at Liverpool, Fulton county, Ill., in the year 1859. The records show that at the first court held in Brooke county, Tuesday, May 23, 1797, Philip Doddridge was admitted to practice as an attorney in said court. Having thus established himself in life as well as in the profession he had adopted, he pursued it with little intermission until the THE PAN-HANDLE - 537 autumn of 1829. There is little in the routine of the life of a member of the bar to excite the public attention. The investigation of abstruse and naked questions of law before the courts, or the trial of issues of fact before juries, has seldom much attraction beyond the limited circle of those directly interested in the result. Nevertheless, his growing reputation as an able counselor and advocate soon extended beyond the quiet village where he resided, until he became famous in most of the counties of northwestern Virginia, and finally came to be acknowledged as among the first, if not the first lawyer in that section of the state. His practice also extended into the state of Ohio and western Pennsylvania. The first important official position filled by Mr. Doddridge, so far as we have ascertained, was that of a. member of the house of delegates of Virginia, for the year 1815-16. He represented the extreme northwest point of the state — Brooke county. The abilities of Mr. Doddridge commanded a respect not usually extended to members from his section. He was placed on the committee on courts of justice; also, on the committee of finances; and during the session was added to the committee on taxes on lands,. etc. The journals of the house exhibit ample evidence of his industry, activity and influence during the session. It was at this session he commenced his opposition to the arbitrary and oligarchical principles of the then existing constitution of Virginia, which he never relaxed until the convention of 1829-30 crowned his efforts in behalf of popular rights with partial success. He was again a member of the house of delegates from Brooke for the year 1822-3, and again in 1828-29. He was a member of the constitutional convention of 1829, and distinguished himself as a statesman, perhaps, the equal of any one of that, the most distinguished body that ever assembled in. Virginia. In 1823, Mr. Doddridge was a candidate for a seat in the house of representatives of the United States, from what was called the. Wheeling district of Virginia. At that time the election was held and continued, on the first day of the county courts of the respective counties composing the district, during the entire month of April. There were, that year, five competitors for the position, all of whom appeared on the hustings at Wheeling on the first Monday of April, and addressed the people, according to the custom prevailing in Virginia. It soon became apparent, however, that the contest was, in fact, between Mr. Doddridge and Joseph Johnson, Esq., of Harrison county, an able competitor, who had served with Mr. Doddridge in the legislature of Virginia, and who was then just fairly entering upon his long career of public life; and on the second Monday, all the can didates retired from the canvass, excepting Mr. Doddridge and Mr. Johnson. Mr. Johnson was one of the most popular and effective speakers who ever appeared on the hustings in Western Virginia. He also had the advantage of belonging to the dominant party; and when the voting was concluded on the last Monday of the month, it appeared that Mr. Doddridge was defeated, notwithstanding his acknowledged peerless abilities. In 1825, Mr. Doddridge and Mr. 538 - HISTORY OF THE UPPER OHIO VALLEY. Johnson were again opposing candidates for the same position, and with the same result. In 1829, they were a third time competitors, when Mr. Doddridge, after an animated canvass, was successful. His duties as a member of the Virginia convention detained him in that body until its adjournment on the 15th of January, 1830; so he did not take his seat in congress until after that time. He found himself still surrounded by several distinguished men of Virginia, some of whom had served with him in the convention. Among them were, Philip P. Barbour, William F. Gordon and Charles Fenton Mercer; and With them, John S. Barbour, William S. Archer and Andrew Stephenson. His reputation, acquired in the convention, had preceded him; and he at once occupied an intellectual rank equal to that of any of his eminent colleagues, and hardly second to any member of the house. Especially was this so, upon all questions involving the discussion of legal and constitutional questions. Soon his assiduous, intelligent, and effective attention to the business referred to the committees to which he had been assigned, attracted the notice, and commanded the confidence of his associates. He did not often address the house; but when he did so, he uniformly confined his remarks to the distinct question before it, speaking with brevity and perspicuity, as well as pertinacity. As a consequence, he was listened to with a respectful attention, not often accorded to each other, by the members of that tumultuous assembly, and commanded the confidence and influence to which his talents entitled him. A special committee was appointed during this session of congress, to draft a code of laws for the District of .Columbia, with leave to sit during the recess, before the next session, but instead of remaining together at the city of Washington, they apportioned their labors among themselves and went home. The portion of the code allotted to Mr. Doddridge was the judiciary department. His mode of preparing it was this: He obtained the codes of several states. When he wished to prepare a particular chapter, he would read the corresponding chapters in these codes, and then laying them all aside, would, with wonderful rapidity, write off a bill to suit himself. It was, uniformly, much shorter than that in any of the codes he consulted. His faculty as a draftsman was remarkable. He had a wonderful power of condensation. The appropriate words, like well-drilled battalions, fell harmoniously into their proper places; and there were neither too many, nor too few of them. It is related of Mr. Webster, that he should have said, during a tour he made through the western states in 1833, whilst stopping at Wheeling, that he would be willing to give all he possessed if it would secure to him this extraordinary faculty. of Mr. Doddridge in the same degree of perfection. The great Massachusetts statesman often took occasion to express his admiration of the abilities of Mr. Doddridge. During the tour referred to, he stopped at Wellsburg, on his way from Steubenville to Wheeling, for the express purpose of paying his respects personally to Mrs. Doddridge. Hearing that there was a portrait of Mr. Dodd-ridge in the town he called to see it; and whilst he was looking at it, THE PAN-HANDLE - 539 remarked: " He was the only man I ever feared to meet in debate." According to the agreement before stated, Mr. Doddridge having prepared the part of the code entrusted to him, went on to the city Of Washington several weeks before the assembling of congress to meet his colleagues on the committee. After a brief illness, he expired to Gadsby’s Hotel, on the I 9th of November, 1832. His manners were simple and unostentatious. He was the charm of the social circle. His conversation flowed as a perennial fountain, sparkling with a genial wit, and redolent of the kindness and goodness of his heart. With a memory stored with the treasures of history, and rich in anecdotes and personal incidents, he had the happiest facility in relating them; and was the center of attraction and delight, in whatsoever society he was placed. Mr. Doddridge possessed the faculty of intuition, in a remarkable degree. In the investigation of cases at the bar, he seemed to comprehend them, oftentimes, long before all the facts were disclosed by the evidence. His great experience, doubtless, qualified him, in a measure, to do this; but aside from this, he had an extraordinary penetration, that anticipated what was to come with almost unerring certainty. He frequently surprised witnesses by telling them what they knew, before they had fully stated it; and such as were disposed to prevaricate, or to falsify, seldom escaped from his examination without being exposed and confounded. He often cut short the prolix stories of his clients, in making known their cases, by giving the particulars of them himself. Charles Hammond. Extract from sketch by Judge G. L. Cranmer: " Charles Hammond, who was perhaps the most profound lawyer that ever practiced at the bar of what is now the first judicial circuit, was a son of George Hammond, who emigrated to what is now Brooke county, in this state, in the year 1785, and settled on the waters of Buffalo creek, about five miles east of Wellsburg. The father was a man of education and some culture, and possessed a retentive memory and appreciative taste. He would frequently recite whole plays of Shakespeare, and he had committed to memory Young,s " Night Thoughts," and many other poems. He was a man of uncommon mental force and physical endurance. His strong, bold views concerning men and things; he impressed indelibly and distinctly upon the young and susceptible mind and heart of his son Charles. The studious habits of Charles, together with his love of composition and books, led his father to determine that he should follow the profession of law. Accordingly he was entered as a student in the law office of Philip Doddridge, a man of. genius and ability, and one of the first lawyers of his day. Here he studied not only law, but devoted a portion of his time also to the study of political economy and the philosophy of history, in which, as well as in the study of the law, he made rapid progress. He also now wielded his pen in the discussion of local and general questions, but he attracted but little attention as a writer, until the year 1799. He was admitted to the bar in 1803, and immediately opened an office in Wellsburg, Va. Judge Burnet, a man of culture and eminence in the line of his pro- 540 - HISTORY OF THE UPPER OHIO VALLEY. fession, was one of the committee appointed by the court, at the time in session in Marietta, Ohio, for the purpose of .examining young Hammond as to his legal qualifications and ability. So thorough and complete did he prove himself to be in the mastery of the principles of his profession that for years afterward this able and distinguished jurist was wont to mention with great satisfaction the readiness and thoroughness with which the young law student had responded to the searching inquiries put to him by the examining committee. Shortly after his admission to the bar, he removed to Wheeling, then a small village containing a population of 400 or 500, where he remained until the year 1810. In October of the same year, he entered into a matrimonial alliance with Miss Sarah Tillinghast, of Wellsburg. The development of Wheeling as a municipality began in 1806, in which year it was incorporated as a town, and Mr. Hammond was appointed the first recorder. During the period of his residence in Wheeling, an incident occurred, illustrative of his fairness and honesty of his character, in the highest degree commendable. Gambling at that time prevailed to an alarming extent in the community. It was the fashionable vice of the day, and was indulged in by nearly all classes of society. During a session of the court a large number of indictments were found against the least influential members of the community, under which they were put on trial and convicted, and heavy fines were imposed on the offenders. Mr. Hammond was indignant at what he deemed the injustice practiced on these humble persons, and being unable to restrain himself he addressed the court substantially to the following effect: " May it please the court, it is impossible for me to stand this any longer. Here are a number of individuals who have been indicted and fined for this offense who I know are unable to pay their fines, while a still larger number, greatly more able and far more guilty, escape the notice of the prosecuting attorney wholly. I beg leave, therefore, first to file information against myself, and next against your honor, and then against the gentleman who prosecutes, and then upon the other members of the bar. When these I have mentioned are fined, there will be little difficulty in fining those who are not less culpable., As a lawyer he had few equals, and was surpassed by none. Possessed of a quick, vigorous and sententious mind, he detected as, if by magic the weak points in his adversary,s case, and promptly took advantage of them. His business grew rapidly. It was not confined to the courts in Wheeling but extended throughout all the counties of West Virginia and eastern Ohio, as well as in the courts of the United States in these respective states, and in the supreme court of the United 'States. In the judicial field he met as competitors such men as Obadiah Jennings, Samuel Paul, Noah Linsly, Philip Doddridge, John C. Wright, Benjamin Tappan, John M. Goodnow, Jeremiah Hallock, Daniel Webster, Henry Clay, John Sergeant and others, " all foemen worthy of his steel." His sun paled in splendor before none of these luminaries, but shone as brightly as any. In the spring of 1810 he changed his residence from Wheeling THE PAN-HANDLE - 541 to Belmont county, Ohio, and located on a farm about four miles east of St. Clairsville, and since known as the " Woodmanse Farm." Here he engaged in the practical duties of an agriculturist, while at 'the same time pursued the practice of his profession. In 1823 he moved to Cincinnati. During his residence in Belmont county he perhaps was the instrument of settling amicably more cases than all the other members of the bar together. No man was ever more free from the charge of fomenting litigation than he. So marked was this trait in his character that the sheriff of the county was accustomed to express himself by saying that unless Charles Hammond left the county, he and the clerk would starve for the want of fees. As we have already intimated he was a man of fixed opinions, which he earnestly and diligently sought to promulgate. Hence he embraced frequent opportunities of giving currency to them in newspaper communications. His federalist views, to which he tenaciously clung, were not only unpopular, but daily growing distasteful. As the hostilities between our own country and England became more imminent, and finally culminated in the war of 1812, those who had always respected his ability and sincerity shrank from publishing his views when tendered by him. His opposition to the war was fearless and outspoken. As a consequence he was denounced, threatened, abused and mobbed. But this conduct on the part of his opponents only intensified his purpose in and resolving to maintain his rights by their exercise, he founded and established a journal of his own. Such was the origin of the Ohio Federalist, printed for him at St. Clairsville, Ohio, by one John Berry. Its motto was significant of the character of its owner, being the following extract from one of Cowper’s poems: " 'In freedom,s field, advancing his firm foot He plants it on the line that justice draws, And will prevail or perish in her cause.’ " In 1816 Belmont county sent him as her representative to the legislature, and in 1817, 1818, 1819 and 1820 he represented that county in the house of representatives and in the senate of the state. Here his great ability was at once made manifest. The acts drafted by him were models of perspicuity and brevity. He prepared during hiS legislative career and revised the laws regulating descents and distributions, together with many of those referring to legal and chancery proceedings. Many of the most important statutes were amended and revised, removing many ambiguities and repetitions, and introducing into them greater method and order. " As a great constitutional lawyer he ranks with Marshall, Story and Webster'. His review of the opinion of Chief Justice Marshall in the Bank of the United States vs. Osborne et al., is one of the most masterly arguments on record. This argument, before its delivery, he submitted for inspection and perusal to Thomas Jefferson, who read it carefully and returned it with his approval to this effect: ' Your position is impregnable. Your arguments cannot be answered. But the case will go against you, notwithstanding., And it did. In speaking 542 - HISTORY OF THE UPPER OHIO VALLEY. of this argument to William Wirt, Chief Justice Marshall said to him, that ' Charles Hammond had produced in that case the most remarkable paper that had been placed on file in any court since the days of Lord Mansfield. That it had persuaded him that wrong was right in the case., This from such a source was certainly high praise. " He died in Cincinnati in the sixty-first year of his age, a worn-out and overworked man." Judiciary of Marshall County.— Marshall county, as well as all the Pan-handle country, was at one time a part of the territory of Ohio county. The act passed by the legislature of Virginia establishing the county of Marshall went into effect on the first day of May, 1835. The law provided that eight persons should be commissioned justices of the peace for said county and should meet for the purpose of holding court on the first Thursday after the third Monday of each month. The county seat was located at Elizabethtown by commissioners appointed by an act of the legislature, approved December 8, 1832. The justices who constituted the first court were Jacob Burley, Benjamin McMechen, Jacob Parrot, Samuel Howard, Zodoc and Masters. The meeting was held at the brick school-house in Elizabethtown on the 18th day of June, 1835. A. Wood a justice of Ohio county, administered the oath to the justices. The first act of the court was the election by voice of Elbert H. Caldwell, attorney for the commonwealth, and James D. Morris, clerk. The court then selected as a temporary place of holding court the residence of Mrs. Susan Parriott, of Moundsville. The first grand jury convened at the afternoon session of the court, and was constituted as follows: Walter Gray, gentleman, foreman, Jesse Burch, John Criswell, John Riggs, Vincent Cockayne, John Ward, Samuel Burris, John Barto, John Huggans, James Dunlap, Reuben Roberts, Edward Gregg, James Riggs, John Taylor, Zachariah Wayman, John Anderson, William McFarland, Benjamin Cockayne, Samuel Vencies, William Woodburn and John Brown. The first court house was erected by Elisha Linsey, in 1836, at a cost of about $4,200. Court was then held on the first floor. The present ours house was completed in 1876. On the opening day of the first court Moses C. Good, William McConnell, Zachariah Jacob, John McFerren, Francis C. Campbell, Lewis Steenrod, Morgan Nelson, Isaac Hoge, James Clarke and J. Y. Armstrong, were licensed to practice law in the county court. Later Gen. J. S. Wheat, of Wheeling, was admitted to practice. Of the above but few were resident attorneys. Moses C. Good and Gen. Wheat were at the time leaders of the Wheeling bar, and their practice extended into many of the counties of Virginia. E. H. Caldwell, the first prosecuting attorney, is mentioned elsewhere. William McConnell, who was admitted to the bar on the first opening of court in Marshall county, was one of the ablest resident attorneys of the county in early days. He had few of the graces of a polished orator, but in his arguments before the .court or jury he was plain, though logical and earnest, and his arguments were always effective. In courts of chancery he was able to cope with the best lawyers of his day. Isaac Hoge was one of THE PAN-HANDLE - 543 the brightest lights on the Marshall county bah He did a large and what was then considered a lucrative practice, and is remembered as both an able lawyer and a good advocate. Wiley H. Oldham, who practiced in Marshall and adjacent counties for many years, was one of the. best equipped lawyers of his day. As an advocate and a jury lawyer he was without a rival in this county, and his special talent in this line was in demand both at home and abroad. He is remembered as a man with an unimpeachable character, and popular with the. masses. He removed from Moundsville to Marietta, Ohio. Hancock County.-- The first court convened in Hancock county was on April 10, 1848. The county having been erected by an act of the legislature, approved January i5, of the same year, the justices of the peace for Brooke county, residing within the territory of the newly organized county, were commissioned by the governor, and directed by the act of the legislature to meet at New Manchester, now Fairview, for the purpose of organizing county court. The meeting was held at the house of Samuel C. Allison, and those presenting commissions as justices of the peace were: John Pittenger, David Pugh, Andrew Henderson, John Gardner, David Wylie, William H. Grafton and John Mayhew. Robert Brown was elected commonwealth attorney, and J. H. Atkinson clerk of the court. The selection of a location was decided at an election in favor of Fairview. A brick court house 50x60 feet was built, and in February, 1850, the first court was held therein. Soon after the organization of the county, R. C. Brown, of Holloway Cove, and Daniel Donehoo, of Langfitt & Donehoo, Wellsburg, located in New Manchester for the practice of the law. Mr. Brown. had been appointed and was subsequently elected, prosecuting attorney, which position he filled with satisfaction to the public until his removal to the west, which occurred in 1855, he having in the meanwhile removed to New Cumberland, when it became temporarily the county seat. Mr. Donehoo remained in the practice, still associated with Mr. Langfitt, until 1852, when he became deputy and acting clerk of both circuit and county courts, which position he held for several years, resuming practice shortly after the close of the civil war, and serving as prosecuting attorney, as member of the house of delegates and as director of the hospital of the insane. He subsequently removed to Jersey City, and became connected with a large mercantile establishment of Philadelphia about 1871, and this connection still continues. About 1849, T. W. J. Long, noted as a lawyer rather than as an advocate, removed from Winchester, Va., and located at New Manchester, removing to the state of Iowa in the spring of 1853. He formed a business connection with George M. Lee, of Columbiana county, Ohio, who for several years attended regularly the Hancock courts, and the firm of Long & Lee received and transacted a large portion of the business before the courts. James L. Gray was also a resident lawyer, for several years from and after 1848. He lived at New Cumberland, and was reasonably successful, although more of a teacher than a lawyer. Some time after the departure of Mr. Long, 544 - HISTORY OF THE UPPER OHIO VALLEY. George M. Scott and Thayer Melvin were admitted to practice and located in New Manchester, the former being associated with 0. W. Langfitt. Joseph Burns, who had formerly been a minister, and who was a man of considerable native ability, residing at New Manchester, was admitted about 1859, and continued to practice until his death, some ten or twelve years thereafter. John R. Donehoo, a brother of Daniel, was admitted about 1856, but removed to Wheeling, and subsequently to Pennsylvania, engaging for some years in newspaper work, and acquiring a reputation as a journalist. He located in New Manchester about the close of the civil war, and has since then pursued his profession successfully, removing recently to the present county seat. He has served as prosecuting attorney, and as senator from the first senatorial district, and is, at present, a member of the board of regents of the Deaf and Dumb and Blind asylums. James G. Marshall, who had performed for many years the duties of commissioner of the revenue, was admitted to the bar some years before the war, and became the junior member of Langfitt & Marshall. Since the death of the senior member, which occurred in 1866, Mr. Marshall has practiced alone, and has served several terms as prosecuting attorney. He is also known as an accomplished surveyor, and his services are in frequent requisition. He has all along resided at Fairview. John A. Campbell was licensed to practice in this county and has been active in the profession for a number of years, though not exclusively as a lawyer; he is recognized as a successful banker as well. W. J. Hall, a native of the county, has served for several years as prosecuting attorney, and is still in that office, and in full practice. J. H. Atkinson was admitted about 1880, and since then has devoted himself to practicing law and to surveying. He has had several offices of a public nature, and has long been a successful business man, having at different times engaged in extensive business enterprises. Messrs. Atkinson, Huff, Donahoe and Marshall, at this time comprize the local bar of the county. The foregoing list is not intended to be complete. The records show that other resident attorneys were admitted to practice, and did practice, but it does not appear that they continued residents for any considerable period; and hence their names are omitted here. It is believed that we have made mention of all who have occupied prominent positions at the bar since the organization of the county. Our list is not a large one, but it must be remembered, the county is limited in size and population, and is still young in years, compared with others, in this portion of the state. The Bench.—The first judge who sat upon the bench of the circuit superior court was Hugh Nelson, who served from April, 1809, until the fall of 1811, but little can be learned of his career. Judge Daniel Smith came on the bench in 1811, appointed by the legislature as the successor of Hugh Nelson. For a part, if not for the whole time on the bench, he was a resident of Harrison county. The judicial dis- THE PAN-HANDLE - 545 trict to which Ohio county was attached, was then composed of the counties of Harrison, Ohio, Brooke, Wood and Monongahela. Judge Smith served the district with great acceptability from 1811 to the fall of 1830, and next to Judge Fry, his successor, served longer than any one who has since occupied the bench. His long term is a sufficient guarantee of the faithfulness with which he performed his duty. He is remembered as an able and conscientious judge. The longest term of service upon the bench of this circuit was that of Judge Joseph L. Fry. He was appointed in 1831 and presided at the January term of that year. He served for twenty-one consecutive years or until the constitution of 1852 provided that the election of judges should be by popular vote instead of by the legislature. He became a candidate before the people, having Judge George W. Thompson as his opponent. The latter was a man of superior social qualities and in every sense a popular politician, while the former was of a retiring disposition, mixed little with the people, and was austere, aristocratic and dignified in his bearing. The result was the election of Judge Thompson and the retirement of Judge Fry from the bench. He practiced for a time in Wheeling but during the civil war moved to Lewisburg, W. Va., where he died. Judge Fry came to Wheeling from Charleston, where he had practiced for a time. On the bench he was always dignified. He was fair in his treatment of the bar, but was never popular. He was well learned in the law, and it is doubtful if a more capable judge or a profounder lawyer ever sat upon the bench of the W heeling circuit. Judge George W. Thompson, who sat upon the bench of the old twentieth judicial circuit of Virginia, was a native of Ohio, received his early education at the Jefferson college, now the Washington and Jefferson college, Penn., where he graduated in the fall of 1824. He then studied law under the late William B. Hubbard, at the time a prominent and successful lawyer at St. Clairsville. He was admitted to the bar in the fall of 1826, when he went to Richmond to improve his studies, returning to St. Clairsville in 1828, where he practiced until 1837. He came to Wheeling in 1837, and entered upon the practice of law, succeeding therein until his election to congress, in 1851. He was appointed in a joint commission with Mr. William Green and Mr. William C. Reeves on the part of Virginia, and Messrs. Thomas Ewing, John Brough and James Collins for Ohio, to settle the jurisdiction of the Ohio river between the two states named. He was appointed United States district attorney by President James K. Polk, between 1844 and 1848, whence, the following year, he was elected to the judgeship in the twentieth judicial circuit; and ably officiated in circuit and district courts. During his term in congress, the judge introduced a bill and secured its passage in opposition to a previous decree by the supreme court of the United States for the abatement and removal of the Wheeling bridge. This was a most important achievement, and probably one of the finest constitutional distinctions ever made between legislative and judicial power, as it set aside the effect of a judicial decree of that court by an act of congress, and secured the 35 — A. 546 - TORY OF THE UPPER OHIO VALLEY. foundation for all future legislation on crossing navigable streams in the United States. In 1860, our subject was re-elected to the judgeship in the circuit and district courts of Virginia by a majority of two to one over his opponent, Mr. Berkshire. He held the office till July,. 1861, when his removal was effected in consequence of a refusal to take the oath of office to support what he conscientiously believed to be the unconstitutional actions of those who undertook to set up the present state of West Virginia. In addition to his distinguished services on the bench and in congress, Judge Thompson was the author of several works of literary merit. In 1866 there was issued from the press under his name, " The Living Forces." This was followed by others, and much manuscript was left unpublished at the time of his death. Judge Ralph L. Berkshire, of Monongahela county, Va., who presided at the circuit courts in Wheeling from the fall term of 1861 till the spring of 1863, is a gentleman of superior literary and legal at tainments. He was after his retirement from the circuit bench elevated to a place on the court of appeals of West Virginia. He resumed the practice in the above named county, and is widely known as an accomplished gentleman and an able lawyer. Judge E. H. Caldwell, of Moundsville, was elevated to a position on the bench of the first judicial circuit in 1863, under the new state government. He was a descendant of the old Caldwell family, being the son of Judge Alexander Caldwell, a prominent attorney early in the century. E. H. Caldwell was a native of Brooke county, W. Va. After obtaining the rudiments of an education he was sent by his father to take a special course in one of the New England colleges. After leaving college he came to Wheeling and married a Miss McMechen, and located in the practice of law in Moundsville. At the organization of Marshall county he was appointed the first commonwealth,s attorney. He was subsequently elected clerk of the court, which position he resigned to accept a place on the bench. He served in the latter capacity until his death, which occurred in 1869. Judge Caldwell was neither a great lawyer nor a profound jurist. On the bench he was impartial and just, and while not a widely read lawyer, he was considered a successful judge, and what he lacked in legal attainments he made up in good sense and sound judgment. Judge Thayer Melvin, a native of Hancock county, W. Va., was admitted to the practice of law in said county, in 1853, some time before reaching his majority. He was elected prosecuting attorney in 1855, and was re-elected and served several terms very acceptably to the people. While serving in the capacity of prosecuting attorney for Hancock county, he removed to Wheeling and became the junior member of the law firm of Pendleton & Melvin, attending regularly, however, the courts of his native county. In 1861, Judge Melvin, in response to his country,s call, exchanged his law books for the musket and entered the volunteer army as a private. He served until the close of the war, the greater portion of the time as adjutant general of the department of West Virginia, commanded by different general THE PAN-HANDLE - 547 officers, viz.: Kelley, Seigel, Hunter, Crook, Emory; and was on Gen. Sheridan,s staff in the Shenandoah campaign of 1864. In 1866 he resumed the practice of law at Wellsburg, and in the same year was nominated and elected attorney general of West Virginia, and reelected in 1868. Before the expiration of his second term he resigned the office of attorney general and was appointed judge of the first judicial district of West Virginia to fill vacancy caused by the death of Judge Caldwell, and by being twice re-elected he served on the bench until 1881, a period of twelve years. Since his retirement from the bench he has been actively engaged in the practice in the different courts, being a member of the firm of Ewing, Melvin & Riley. Judge Melvin did not have the advantage of a classical education that is vouchsafed to most young men entering the law, but by a course of reading which he has systematically pursued he is familiar with the best English writers of the day. To all the positions of honor to which he has been elevated, he has brought a well trained mind. He is safe and cautious in his practice—on the bench he was most painstaking, and his decisions were reached only after the most careful research. If he had a fault, it was that of over cautiousness. He is regarded as an able and erudite lawyer, an impartial and honest judge. George E. Boyd, who has served both the county and circuit on the bench, came to Wheeling, from Ohio, his native state, when but ten years of age. His elementary education was secured in the public schools of Wheeling, and Linsly institute. This was supplemented by the completion of a classical course at Washington college, Penn. After a thorough course of reading, he entered the Cincinnati law school, where he received his degree in 1860. He rose rapidly in his profession. In 1876 he had attained a position which justified the the people in elevating him to the judgeship of the Ohio county court. He held this position until the abolition of said court. In 1880, although his party was largely in the minority, he was elected judge of the first judicial circuit of West Virginia. His term in this position expired January 1, 1889. Judge Boyd's service upon the bench has been in every way creditable to him, and has added to the laurels won by him as an attorney. Of the highest integrity, with a clear grasp of the principles he is called upon to apply, and with an abiding sense of the righteousness of even-handed justice, he has earned a reputation as a judge who has rendered more than ordinary service to the commonwealth. His opinions are always given without hesitation, his decision short and pointed, and the records of the supreme court show that his decisions were not often reversed. Ex-Gov. John J. Jacobs, who was for seven years judge of the first judicial circuit, is a descendent of an old Maryland family who gained much prominence in the Indian wars, and the war for independence. After receiving an academic education he entered Dickinson college, Penn., from which institution he graduated in 1849. For eight years he filled the chair of political economy in Missouri university, and began the practice of law in Columbia, Mo., but in 1864 he returned to his native county of Hampshire, W. Va. The field of politics was in- 548 - HISTORY OF THE UPPER OHIO VALLEY. viting at that time to the young lawyer, and he was honored by his county by an election to the house of delegates. His reputation as a lawer of ability gave him prominence early in his legislative career, and long before the session closed he had shown himself the peer of the ablest statesman of the body. In 1870 he was nominated and elected governor of West Virginia by the democratic party and reelected under the constitution of 1872. His acts are a part of the history of the state and need not be mentioned here. As a lawyer and a judge Gov. Jacobs deserves to be classed among the ablest of those who have practiced at the bar or sat upon the bench of the first judicial circuit. He is a careful, wise and safe counselor, an advocate earnest, convincing, and effective, a judge of the strictest honesty and integrity. He has a mind well grounded in the elementary principles of the law, and has exhibited a wonderful familiarity with the rules governing practice. His decisions were reached after the most careful and exhaustive research into the authorities bearing on the cause, and if the members of the bar considered him at times tedious he was rewarded in the end by the large per cent. of affirmed decisions by the higher court. Joseph R. Paull, a member of the bar of Wheeling, was nominated in 1888, by the republican party, for the office of judge of the circuit court for the First judicial district of West Virginia, and was elected, and this position of honorable distinction he now fills in a worthy manner. Judge Paull was born in Fayette county, Penn., December 9, 1848. His collegiate education was received at Washington and Jefferson colleges, where he attended two years, and in Lafayette college, where he was graduated in 1871. Selecting the profession of law as his vocation, he began the study with Daniel Kane, of Uniontown, Penn., and a year later he entered the Columbia Law college, where he pursued his studies for one year. In September, 1875, he was admitted to the bar at Uniontown, Penn., and on the 15th of the following December, he removed to Wheeling, and was admitted to the bar. He then began the practice of his profession in that city, in which he met with success, and both as a professional man and as a citizen gained the esteem of the community. Judge Paull is a close student, a man of the strictest integrity, and has, by his dignified bearing and gentlemanly demeanor, won the confidence of his constituents. Hon. John A. Campbell, at present one of the associate judges of the first judicial circuit, was elevated to the bench in 1888. His practice as an attorney was confined to the various courts of upper Ohio valley, in which he had gained an enviable reputation as an advocate of much force and eloquence. His career upon the bench has been too brief to justify the writer in giving an estimate of his ability as a judge, further than to say that he has the entire confidence of the bar and the public. Hon. Robert H. Cochran was admitted to the bar before the supreme court of Ohio in 1860. He first located in the practice of his profession at Martin’s Ferry, Ohio. After serving his native county of Bel- THE PAN-HANDLE - 549 mont as prosecuting attorney, he removed to Wheeling in 1869 and associated himself with Hon. Daniel Peck in the practice. His knowledge of railroad law soon made for him a reputation which secured his appointment as general council of the Wheeling & Lake Erie Railroad company. In 1873 he associated himself with Hon. W. P. Hubbard in the practice of law, which partnership was terminated by his elevation to the bench of the county court. He served four years, having refused re-election. Upon his retirement from the bench the bar of Wheeling adopted the following flattering testimonial which speaks in unmistakable terms of his character and efficiency as a judge and the estimation in which he is held as a citizen: " Whereas, It is delirious on the part of the members of the courts to indicate to the Hon. R. H. Cochran, on his retiring from the bench, the esteem and respect in which he is held by us. " Resolved, By the members of this bar of this county, that the many virtues which adorn the character of the Hon. R. H. Cochran, and which have shown conspicuously in his character as judge of the county court during the four years last past, have established for him the character of an able and upright judge, a courteous and accomplished gentleman and a sincere friend. " Resolved, That on his retirement the bench loses one of its brightest ornaments and most honored examples of impartiality, firmness and all that goes to make up the perfect character of a just judge." Judges of the Municipal Court.—Moses C. Good, for many years prosecuting attorney of Ohio county, is remembered for the zeal and ability that he always brought to the discharge of his official duties. He was a terror to evil doers, and in the discharge of his official obligations he knew neither friend nor foe. He was well versed in the law, and in the trial of causes he was the peer of any member of the bar, especially if arraigned on the side of the prosecution. He was a plain but forcible speaker, and never failed to hold the attention of his auditors. He began the practice in Wheeling in 1826, and in 1846 he served the city as mayor for one year, refusing to receive any pay for his services. In May, 1865, he was elected judge of the municipal court, which had been created by an act of the legislature. He served for nearly eight years, and until his death, which occurred in 1873. Judge Gibson L. Cranmer, his successor, is a native of the Buckeye state, from whence he came to Virginia. He read law in the office of Daniel Lamb, Esq., for eighteen months, and then located in Springfield, Ill., in the practice of his profession. There he traveled the circuits, attending the courts in company with Abraham Lincoln, Stephen A. Douglas, Judge Logan and many others who became distinguished in the history of the state and nation. He returned to Wheeling after a few years in the west, and has ever since been in the practice of his profession, save while on the bench. He was elected to the legislature of Virginia, as a representative of the American party, in 1855, and in that body he was recognized as a valuable member. He was secretary of the famous convention of May, 1861, also of the convention that met June 11th, of same,