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CHAPTER XVII.

BENCH AND BAR OF MONTGOMERY COUNTY.

IN a nation of freemen, where the government is supposed to be an expression of the people's will. the influence of such a vast body of men as the legal profession now contains, whose study leads to a correct understanding of the nature, principles and machinery of the civil compact, cannot be overrated. The American lawyer, not content with the routine of courts and professional services, directs his efforts to a wider field, following the path to which his position, acquirements and tastes strongly tend, he eagerly enters the political arena, searching assiduously the honors of the legislative hall: with what success our history plainly testifies.

From the commencement of our Government, four-fifths of the highest offices have been filled by lawyers. The bar stands high in public estimation, and the time has never been when political office or influence was more liberally accorded to its members than at the present day. In the most important trusts they are to be found. The National legislative halls, and the executive departments, are filled with men whose claims to distinction, to a great extent, originated in legal excellence and acquirements. The several State Governments are in the same hands, while all the acknowledged party leaders, and nearly all who are thought of as candidates for high political places have been educated in the same great school. The lawyer who prides himself on his profession, cannot avoid a feeling of complacency as he surveys its present condition in the United States, always prominent and always honored: and, as we believe, more at the present time than over before it occupies a position and wields an influence such as no other profession or calling can for a moment aspire to.

It is the nature of the profession of the law. when pursued by congenial minds, and in accordance with its inherent spirit to elevate and liberalize the social principle. Those who attain eminence in that profession necessarily take deep and wide views of human conduct, obtained by living, practical observation of the motives of men. the objects they pur sue, and the uses of those objects. Hence it is that men of that profession are ever found in the front rank of those who devote themselves to the interests of the age, evidenced by noble exertions and personal sacrifices in support 'of the great principles upon which the rights of liberty and property depend. The history of the times since the dawning of American liberty clown to the present, constitutes one line of successive monuments of the labors, the sacrifices. and the self-devotion of the men of the legal profession to the best, interests of their country.

Great as is the fame of many who in ages past. have won themselves renown by their attainments, the power of their reason and their eloquence as advocates. we believe their equals are now living. We are not of those who are ever deifying the past and unable to recognize any merit or ability in the present age. Though none are more willing to pay tribute to the well-earned fame of those who have been the glory of the American bar in periods that are gone, yet while we give the fathers all just praise, we would not depreciate their sons: and because we honor and respect the

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great lawyers of the past, we see no reason to forget those who are present with us. Many whom the bar is still proud to number among its members, will stand none the less surely in the niche of fame than the brightest names of by gone days. Nearly every county in Ohio has had members of the legal profession who have won well deserved local honors, while many can boast of having produced lawyers of State and National reputation. To this latter honor Montgomery County can lay a just and undisputed claim.

THE BENCH.

The first Judges who sat upon the bench in Dayton were: Hon. Francis Dunlevy, of Warren County, a resident of the First Judicial District, with Isaac Spinning, John Ewing and Benjamin Archer as Associates. Court was held July 27, 1803. in the upper room of Newcom's Tavern. Benjamin Van Clove was clerk pro tom; Daniel Symmes, of Cincinnati, Prosecutor pro tem.; and George Newcom, Sheriff. The officers of tho court were instructed as to their duties by the Presiding Judge, and State's Attorney, and there being no other business to transact, court adjourned the same day. The second session was held here November 22, 1803, the Grand Jury holding their deliberations beneath the spreading branches of a large tree close at hand. The first indictment was against Peter Sunderland. for an assault and battery on Benjamin Scott, to which he pleaded guilty, and was fined $6 and costs. After trying three criminal and four civil cases, the court adjourned on the second day of its session. In 1805, the place of holding the courts was changed from Newcom's Tavern to McCollum's Tavern, and were held in the latter building until the erection of the court house, in 1806. The State, under the Constitution of 1802, had been divided into three circuits, in each of which a President of the Court of Common Pleas was appointed, while in every county were appointed not more than three and not less than two Associate Judges, who were to be residents therein during their continuance in office, and these, with the Presiding Judge, constituted the Court of Common Pleas. All the legal business of the county was transacted in this court. including all probate and testamentary matters. The Judges held their offices for the term of seven years, and were appointed by joint ballot of both houses of the General Assembly. The record of proceedings in the courts of those days was very brief and concise, and the Supreme Court was held once a year in each county.

In the year 1817, Joseph H. Crane was appointed Presiding Judge to succeed Hon. Francis Dunlevy. He was born in Elizabethtown, N. J., August. 31. 1872, and his father was a Major in the Revolutionary war, and lost a leg in that struggle for liberty. He was a brother of Commodore William M. Crane, and of Ichabod B. Crane, the latter a Colonel of the Regular Army. He grew to manhood in his native State, there studied law under a celebrated lawyer named Ogden, and was admitted to practice. In the spring of 1804, he came to Dayton, opened an office and began that career which culminated in placing him in the foremost rank among the members of the Ohio bar. He married Miss Julia A. Elliot, daughter of John Elliot, a Surgeon in the United States Army, then stationed at Vincennes, one of the frontier posts. Mrs. Crane was one of the organizers of the Female Bible Society, in 1815, as was also her husband of the Montgomery County Bible Society, organized in 1822. They became the parents of a large family, most of whom died young. Two sons, William and Joseph G., were members of the Montgomery County bar, and the latter served throughout the rebellion, on the staff of Gen. Robert C. Schenck. At the close of the war, he was commissioned a Captain, with the brevet of Colonel, in the regular army, and while Acting Military Governor. of Jackson, Miss., was assassinated in tho streot by the notorious Col. Yerger,

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an ex-Confederate officer. William died in Dayton, while practicing his profession. Judge Crane was nominated for a seat in the Ohio Legislature at the first political convention held in the county, September 6, 1809; was subsequently elected, and was author of what is known as the Practice Act.

He served as Prosecuting Attorney of Montgomery County from 1813 to 1816, and in 1817 became Presiding Judge of this district, continuing in that office until the close of 1828, having been elected to Congress in the fall of that year. For eight years he ably represented his constituents in the national legislative halls, where his profound legal abilities were soon recognized and appreciated. Upon returning from Congress in 1838, he was appointed Prosecuting Attorney of the county, and served one year. Some years after settling in Dayton, he formed a partnership with Col. John H. James, of Urbane, which continued until 1831, as Crane & James, when Robert C. Schenck was taken into the firm, and the name became Crane, James & Schenck. Thus it remained for one year, at the expiration of which Col. James withdrew, and the firm name was changed to Crane & Schenck. In 1834, this partnership was dissolved by mutual consent, and Judge Crane became associated with Edward W. Davies, and afterward his son, William Crane. was taken into the firm, where he remained until his death. The law firm of Crane & Davies continued until the death of Judge Crane, in November, 185t.

Judge Crane was one of the ablest lawyers who ever lived in Ohio. Possessed of a thorough knowledge of the law by extensive reading, historical and literary, as well as professional, characterized by an even-balanced, clear-head ed temperament, added to quick perception. a comprehensive mind, and an instinctive impartiality, he was at all times enabled to grasp the hidden points, and dispel the cobwebs of sophistry which crafty counsel often wove around their cases. Scrupulously honest and upright, he would not stoop to a mean or dishonest action, while his generosity and unselfishness kept him comparatively poor all his life. Of a retiring disposition, his social qualities were little known outside of his immediate circle of friends; but those knew him as a kind, genial, whole-souled, delightful companion, whose rich store of information on all subjects seemed to be inexhaustible. He was loved and venerated by the bar of Montgomery County, and his death, in the seventieth year of his age, was deeply regretted.

The nest to don the judicial ermine on the Montgomery County bench was Hon. George B. Holt, a native of Norfolk, Litchfield Co., Conn., born in the year 1790. In early manhood he entered the law school of Judges Reeve & Gould, in Litchfield, and in 1812 was licensed to practice. In 1819. he arrived in Dayton, then a small village, and the following year opened an office as attorney at law. In 1822, Mr. Holt established, and for three years conducted the Miami Republican. In the fall of 1824, he was elected to the Legislature, and participated in the passage of laws which rendered that session one of the most important ever held in Ohio. Among the most important measures adopted was the ad valorem system of taxation. The columns of his paper had been employed by Mr. Holt in favor of a canal communication between the lakes and the Ohio River, a measure which had excited a bitter opposition. During this session the canal law was passed under which the Ohio and Miami canals were commenced, and the policy of the State in favor of internal improvements was considered settled. Mr. Holt was a member of the committee to which the subject of a school system was referred, and the bill reported by them passed into a law, which established the present common school system of Ohio. In 1825, he was re-elected to the Legislature, and in 1827 was elected to the State Senate for a term of two years, and was Chairman of, the Committee on Internal Improvements. During the last session, in

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1828, he was elected Presiding Judge of the Court of Common Pleas, and served for the constitutional term of seven years. After the expiration of his term on the bench, under appointment by the court, he served one year as Prosecuting Attorney of Montgomery County, one year in Mercer County, and two terms in the county of Van Wert. At the legislative session of 1842-43, he was again called to the bench, and served out the constitutional term. Part of the interval between his first and second terms on the bench was spent in agriculture and stock-growing, spending much money in improving the breed of cattle, introducing the first thoroughbred Short-Horn Durham stock into the counties of Montgomery, Mercer and Miami. He was for a time President of the Montgomery County Agricultural Society, and in 1849, at the time of the cholera epidemic, was chosen as President of the Board of Health. In 1850, Judge Holt was elected a member of the Constitutional Convention, was Chairman of the Committee on jurisprudence, and took a prominent part in framing the present Constitution of Ohio. This service ended his official career, and although he partially resumed the practice of his profession, with advancing years spent much of his time in his favorite occupation of gardening. Politically, Judge Holt was for many years a Democrat; but in later life acted with the Republican party, and was firm and decided for the Union. Before leaving his native State, he had united with the Congregational Church, but for more than twenty-five years previous to his death he was a member of the Presbyterian faith. On the organization of the Montgomery County Pioneer Society, Judge Holt was chosen its President, and retained that office until his death, which occurred on the evening of October 30, 1811, in his eighty-second year. He was married in 1821 to Miss Mary Blodget, second daughter of Dr. William Blodget, who with three daughters, still survive him.

The next Presiding Judge was Hon. William L. Helfenstein, who went on the bench in 1836. Some time prior to that date, the family came to Dayton, Ohio, from Pennsylvania, where William L. had studied law and been admitted to the bar. He served his full term on the bench, and subsequently removed to New York City, remaining there several years, finally returning to the State of his nativity, where he is now residing.

Ha was succeeded in 1843 by Judge Holt, and he, in 1850, by Hon. John Beers. The only other Judge tinder the old regime was Hon. Ralph S. Hart, who was appointed in the spring of 1851. During his term the new constitution was adopted, which abolished the office of Associate Judge, and made provision for a new order of things. Judge Hart, under this law, held over, and in October, 1851, was elected Judge of the Court of Common Pleas.

The Associate Judges of Montgomery County, from 1803 to 1851 were: Benjamin Archer, Isaac Spinning, John Ewing, Abner Garrard, William George, Philip Gunckel, James Steele, Benjamin Maltbie, Henry Hipple, John W. Turner, Thomas Winters, George Olinger, John Shelby, Charles G. Swain, Elias Mathews, Amos Irvine, Michael Cassady, Robert P. Brown and Herman Gebhart.

Under the new law the term of Common Pleas Judges was changed from seven to five years. The first occupant of the bench under the new constitution was the Hon. Ralph S. Hart, a native of New Jersey, born in the year 1810. In 1811, his family came to Troy, Miami Co., Ohio, where he was reared and educated in the common schools of that county. In 1844, he removed to Dayton, was appointed Presiding Judge in 1851, and under the new constitution, elected Judge of the Common Pleas Court, serving in all six years on the bench. He afterward resumed the practice of his profession, but on account of poor health, abandoned the law, and is now residing on a farm in Butler

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Township. He married a daughter of Henry Bacon, one of the prominent pioneer lawyers of Dayton.

In October, 1856, Hon. Ebenezer Parsons, of Miami County, was elected Judge of this subdivision, and re-elected in October, 1861. serving until failing health compelled him to retire from the bench. Many other Judges of this district have occupied the Montgomery County bench, from time to time. who, like Judge Parsons, were non-residents of this county. yet the latter wellknown gentleman served so long and occupied the bench so continuously that he deserves mention in connection with the judiciary of this county.

The next resident Judge was Hon. John C. McKemy, who, in April, 1868. was elected Judge of the Court of Common Pleas. He removed to Dayton in 1869, and served on the bench until October, 1872, when he resigned and resumed the practice of his profession.

The present Judge of the Court of Common Pleas, Hon. Henderson Elliott, was born in Perquimans Co., N. C., August 17, 1827. His parents, Jesse and Rachel (Jordan) Elliott, came to Butler County, Ohio, in 1831, where his father died in 1840. His mother subsequently removed to Preble County, and from there to Iowa, where she died in 1863. Henderson's youth was spent on a farm, and he learned the trade of a millwright. At the age of nineteen he began teaching school in the winter seasons. using his earnings attending school the balance of the year, and so continued for six years. three of which were passed in Farmers' College, Cincinnati. After completing his course there, he taught for three years during which time he studied law under Felix Marsh. of Eaton, Ohio, and was admitted to the bar by the Supreme Court at Columbus, in 1851. He practiced three years in Germantown, removing to Dayton in 1855, where he has since been engaged in his profession, excepting from 1866 to 1869, when he was editor of the Dayton Daily Ledger. In 1859, he was a candidate for a seat in the State Legislature, but was defeated by a small majority. In 1861, he warmly espoused the Union cause, and from 1861 to 1863 was Prosecuting Attorney of Montgomery County. In the fall of 1871, he was elected Judge of the Court of Common Pleas, and is now serving his third term in that office. In politics he has always been a Democrat, served for six years as a member of the Dayton Board of Education, and has been a member of the Methodist Church for more than thirty years. In the year 1851, he married Rebecca Snavely, of Montgomery County, who has borne him five children, two of whom are living. Judge Elliott possesses a clear, legal mind, good judgment, and sound common sense. He is cautious, prudent, firm and conscientious, a gentleman of sterling integrity and genial manners. He is a forcible, vigorous writer and a sound reasoner, and his judicial career has given much satisfaction to the Montgomery County bar.

The Superior Court of Montgomery County, although of merely local jurisdiction, has acquired and always maintained a high reputation in the history of the Judiciary of Ohio. It was established by an act of the Legislature, passed March 29, 1856, and the first election held on the first Monday of the following June, at which time Hon. Daniel A. Haynes was elected Judge of the Superior Court, his term beginning on the 1st of July, .1856. Judge Haynes was born in Columbia County, N. Y., in the town of Chatham, September 9, 1815, and was a son of Daniel and Magdalene Haynes. After obtaining an ordinary common school education, he was sent to a boarding school at Landlake, N. Y., and afterward to Lowville Academy, in the same State, and from there he entered Union College at Schenectady, graduating in the class of 1835. He soon afterward came to Dayton, and for a year was assistant teacher in the old Dayton Academy. In 1838, he entered the office of Judge Joseph H. Crane, and was admitted to the bar in 1839. In January.

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1840, he commenced the practice of his profession in partnership with Henry Stoddard, Sr., and afterward formed a partnership with John Howard, with whom he practiced eight years or more. He was Prosecuting Attorney of Montgomery County from 1843 to 1847, and in the latter year was elected to the Ohio Legislature. As a lawyer he continued in active and very successful practice until the establishment of the Superior Court, when he was elected Judge, re-elected in 1860, and again in 1805. The learning and eminently judicial qualities which Judge Haynes brought to the discharge of the duties of the bench, gave to his decisions an authority that was recognized and respected by both bench and bar throughout the State. In February, 1870, he resigned the Judgeship, and returned to the practice of law in partnership with Hon. C. L. Vallandigham, in Dayton. A rapidly growing and lucrative practice attested the strength of this firm, which was dissolved by the sudden death of Mr. Vallandigham in June, 1871. Judge Haynes then formed a partnership with John Howard & Son, under the firm name of Haynes, Howard & Howard. This continued until 1875, when he was again elected Judge of the Superior Court, in which office he served until 1881, and in which his eminent ability and unimpeachable integrity commanded the confidence of the public, is well as the unbounded respect of the bar. In early life a Whig, he subsequently became a Republican. and was an ardent supporter of the Government during the dark days of civil war. Outside of his profession, Judge Haynes was, for several years, President of the Dayton Bank, and also of the Dayton Insurance Company. On the 13th of June. 1848, he married Miss Emily Mason, daughter of Gen. Samson Mason, who was one of the leading lawyers of Springfield, Ohio. Mrs. Haynes died on the 3d of September following, since which time he has not again married.

Upon the resignation of Judge Haynes in 1870, Jackson A. Jordan was appointed to serve until the next annual election, at which Hon. Thomas O. Lowe was chosen and served until 1876. In that year, Judge Haynes, again came upon the bench, and in 1881 was succeeded by Hon. Dennis Dwyer, the present occupant. There is no more beautiful character than the courteous, patient, honorable, learned, careful. earnest, kind and venerable Judge, whose undoubted legal abilities have raised him to the bench. His integrity no one dare question; his firmness and impartiality are proverbial; his decisions are made with care, and clearness; from every sentence thoughts drop pure as gold. He feels strong because he feels that he is just. while the bar and public revere him and his works because they are known and appreciated as the best efforts of a toilsome professional life. Who would exchange such an honorable position for the gold of Ophir? To the mandates of the judiciary every other purpose submits; in the presence of that great power every other is silent. It is at once the ultimate hope and grand ally of the people and of their agents. It stands above the National Legislatures and the President; above the army and the navy; and in this sublime attitude, as representative of eternal prin ciple in the form of law, is above reproach. The poet, in his verses defining " What Constitutes a State," says:

"And Sovereign law, the States' collected will

O'er thrones and globes elate,

Sits Empress, crowning good, repressing ill."

So will it ever be under a free and enlightened government.

The Probate Court of Montgomery County was established under the Fourth Section of Act 4, of the new Constitutional Convention, and the second Tuesday of October, 1851, was fixed for the first election. The term of service was designated as three years, but some of the Probate Judges have filled the office for two or three terms. At the first election, Youngs V. Wood was chosen

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as Probate Judge of Montgomery County, and began his duties in February, 1852, In 1855, he was succeeded by Joseph G. Crane, and he, in 1858, by James H. Baggott. In 1860, Samuel Boltin was elected, and re-elected in 1863, his term of office expiring in 1867. He was succeeded by Dennis Dwyer, who had been elected in the fall of 1866; was re-elected in 1869, and again in 1872, filling the office three terms. In 1875, John L. H. Frank was chosen as Probate Judge, and re-elected in 1878, and in 1882 was succeeded by W. D. McKemy.

THE BAR.

For professional courtesy, gentlemanly tone, moral rectitude and intellectual ability, the association of men known as the Dayton bar, has always been justly distinguished. It has furnished one Governor of Ohio. Hon. Charles Anderson; five members of Congress, viz.: Hens. Joseph H. Crane, Robert C. Schenck, Clement L. Vallandigham, Lewis B. Gunckel, and John A. McMahon; twenty-five members of the Ohio General Assembly; nine Judges of the Common Pleas and Superior Courts; seven Probate Judges, and eighteen Prosecuting Attorneys, all of whom have filled their positions with ability and satisfaction to the people. Of the members of the Montgomery County bar who practiced here previous to the year 1840, but four are now living, viz.: Hons. Robert C. Schenck, Peter P. Lowe, Charles Anderson and Ralph P. Lowe, the two latter of whom left the county many years ago, and by the advice of many of the leading attorneys of Dayton they alone of the surviving members of the bar, who have not, been on the bench, will have special mention in this article.

There is, perhaps, no name in the annals of the Montgomery County bar more worthy of a prominent place in this history than that of the Hon. Robert C. Schenck. He was born in Franklin, Warren Co., Ohio. October 4, 1809, and is a son of Gen. William C. Schenck, a pioneer of the Miami Valley, who died at Columbus, Ohio, in January, 1821. After the death of his father. Robert was placed under the guardianship of Gen. James Findlay, of Cincinnati, and in November, 1824, when in his fifteenth year, entered the sophomore class at Miami University, Oxford, Ohio. He graduated in 1827, but remained at Oxford until 1830, employing his time in reading and as a tutor of French and Latin, when he received his degree of Master of Arts. In November of that year he entered the law office of Hon. Thomas Corwin, at Lebanon, and the following January was admitted to the bar. He carne to Dayton with a letter of introduction from Mr. Corwin to Judge Joseph H. Crane, who immediately offered him a partnership, which he accepted. This lasted three years, and at the end of that period he formed a partnership with Peter Odlin, which continued until the commencement of his public career. From 1844 to 1850 he was associated with Wilber Conover in the practice of his profession, the firm being Schenck & Conover. In 1837, being but twenty-eight years of age, he became a candidate for State Representative on the Whig ticket, and was defeated by a small majority; but three years later he again made the race, and was elected. In May, 1843, he was chosen by his party as their candidate for Congress, and was re-elected for each succeeding term until 1850, when he declined the nomination, and at the close of 1851 was appointed by President Fillmore United States Minister to Brazil. He returned from Brazil in 1854, and for some years took no active part in politics. He was engaged occasionally in important law suits, and principally in managing, as President, a line of railroad from Fort Wayne, Ind., to the Mississippi River. In 1859, at a political meeting in Dayton, he made a stirring address on the events of the times, and was on this occasion the first to suggest the name of Abraham Lincoln for the next President. When the attack was made on Fort Sumter, Mr. Schenck at once tendered his services to the Government, and was commis-

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sioned Brigadier General of Volunteers. From that time up to August, 1862, Gen. Schenck took a leading part in all the battles in which his brigade was engaged, but on the second day of the second battle of Bull Run, he was severely wounded, carried from the field, and conveyed to Washington. Gen. Pope, in his report of this battle, speaks of Gen. Schenck's conduct in terms highly commendatory. Shortly afterward he received his appointment as Major General of Volunteers, and accompanying it a letter from Secretary Stanton in which the great war Secretary wrote as fellows: " No official act of mine was ever performed with more pleasure than the forwarding of the inclosed appointment." For some time Gen. Schenck's wound was critical, and he recovered very slowly, with his right arm permanently injured, and over six months elapsed before he was again fit for field duty. On the 11th of December, 1862. he was assigned as commander of the Middle Department, in command of the Eighth Army Corps, with headquarters at Baltimore, in which capacity he rendered valuable aid to the Union cause, receiving flattering testimonials from the loyal conventions and leagues, as well as the warmest praise of the War Department and President. On the 5th of December, 1863, he resigned his commission to take his seat in Congress, to which he had been elected from the Third Congressional District of Ohio, in 1862. He was appointed Chairman of the Committee on Military Affairs, and a history of his course in the Thirty-ninth and Fortieth Congresses would be a complete history of the military legislation of the country through the most eventful years of the war, and after its close. It is enough to say that in military matters he was laborious and vigilant. He proved himself utterly fearless as to loss of popularity, a ad championed measures which were generally felt to be needful, but from which many of his colleagues shrank through fear of the prejudices of their constituents. In civil as in military life, he has been the same bold and fearless fighter for what he deemed the right. As an effective orator he has had few superiors in the Nation, and as a political leader his judgment is excellent and his counsels always sagacious. During the four years from 1867 to 1871, Gen. Schenck. as Chairman of the Committee of Ways and Means, held position as the acknowledged and active leader of the House of Representatives. In this capacity, he framed and carried through to legislative enactment the system and leading provisions of the laws relating to internal revenue, and introduced and passed the first proposition made for reducing the rate of interest on the bonds of the United States. Probably at no period of his busy life did he ever devote himself more effectively and successfully to labor in the public service than in those last years of his Congressional career. In 1871, he was appointed United States Minister to Great Britain, serving in that capacity until 1876. Gen. Schenck is a man of wide culture and varied accomplishments. a brilliant lawyer, well read in literary, legal and political history, as well as a good French and Spanish scholar. He is a ready conversationalist, free, affable and courteous at all times, a gentleman in every sense of the word. Although never forfeiting his residence in Dayton, he has not lived here permanently for many years. yet is proud to claim the Gem City as his home.

Contemporary with Gen. Schenck in the legal and political arena, and wielding a like powerful influence in State and National affairs, stood Hon. Clement L. Vallandigham. He was born in New Lisbon, Columbiana Co., Ohio, July 29, 1820, and received his early education from his father, a pioneer preacher who settled at that point in 1807. After a year spent in Jefferson College, Cannonsburg, Penn., he served for two years as Principal of Union Academy, Snow Hill, Maryland, and then returned to Jefferson College to complete his course of study. When within a few months of graduation, he fell into a

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controversy with the President of the College on constitutional law, which resulted in young Vallandigham demanding and receiving an immediate and honorable dismissal. Some years afterward. President Brown offered him a diploma, but he declined to accept it. After leaving college, he read law, was admitted to the bar at Columbus, Ohio, in December, 1842, and began practice in his native town. In 1845, he was elected to the State Legislature without opposition, and re-elected in 1816. Here he soon gained a high reputation as a speaker and debater, as well as an honorable partisan. On the 27th of August, 1846, he married Louisa A. McMahon, sister of the Hon. John V. L. McMahon, of Baltimore, Md. Having imbibed his political principles from Jefferson and other fathers of the Republic, he started in life as a Demo crat, although nearly all his friends were Whigs. In 1847, he located in Dayton, where he formed a law partnership with Thomas J. S. Smith, and also for two years conducted the Western Empire newspaper of that city. In 1852, he was the Democratic candidate for Congress, but failed of an election by 147 votes, and again in 1851, but the Know-Nothing fanaticism swept the field. In 1856, he was again placed on the ticket, and though defeated at the polls by nineteen majority, was upon contest admitted to his seat. This was one of the most noted cases oŁ the kind in the annals of Congress. His opponent was the Hon. Lewis D. Campbell. He was re-elected in 1858, and again in 1860. His ability, industry and sincerity gave him great prominence in Congress. He took a leading part in opposition to the war. not because, as he claimed, that be did not love the Union, but upon constitutional grounds in its management, as well as from an honest conviction that force would lead to its destruction. For these reasons he advocated compromise as the only way to perpetuate the Union in peace, prosperity and liberty. He was arrested by the Government, tried at Cincinnati by a military commission in May, 1863, and sentenced to be banished to the South, which was carried into effect. The Confederate authorities treated him kindly, and sent him to Wilmington, N. C.. from where, on the l7th of June, 1863, he ran the blockade. finally settling at Windsor, Ont, opposite Detroit. In the fall of 1863, the Democracy nominated him by acclamation for Governor of Ohio, he being then in exile. The campaign was one of the bitterest in the history of the Nation, and he was defeated by an overwhelming majority. In June, 18(11, he left Windsor in disguise, and arrived at Hamilton, Ohio, on the morning of the 15th, where he addressed a Democratic convention, and was by it appointed a delegate to the Chicago convention that nominated Gen. George B. McClellan for President. The Government took no public notice of his return, and in time the excitement caused by it died out and was apparently forgotten. He settled down to the practice of his profession, and in February, 1870, formed a partnership with Judge D. A. Haynes, which continued until his death. In May, 1971, he presented to a Democratic convention. held in Dayton, his '` new departure" resolutions, which were unanimously accepted and adopted by the State Convention, on the 1st of June following. These resolutions did much toward reconciling the Democratic party to the new Constitutional amendments, and the evening of their adoption Mr. Vallandigham delivered one of the ablest speeches of his life, and the last political speech he ever made. On the night of June 16, 1871, in full life and vigor, while engaged for the defense in a murder trial at Lebanon, Ohio, he accidently shot himself in the demonstration of a theory as to the manner in which the alleged murder might have been committed, and died the next morning. This accidental shot proved fatal not only to Mr. Vallandigham, but to his wife also, who was at that time attending the funeral of her brother at Cumberland, Md. On receiving the sad news the shock was so great that she never recovered from it, but died a few weeks

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after, leaving one son. Charles N., who is the present Representative of Montgomery County in the State Legislature. Mr. Vallandigham possessed great physical and mental vitality, a wonderful memory and a towering ambition. Nothing could move him from his honest convictions, while his energy and ability were such that he always rose with the occasion, and no degree of op position could discourage him. Such were the resources of his mind that his speeches were always original, and this State has produced few men that could hold an audience so completely spell-bound as this great champion of constitutional Democracy.

Among the very earliest lawyers of the Dayton bar, we find the name of Henry Stoddard, a native of Woodbury, Conn., born March 18, 1788. He was a son of Asa Stoddard, a descendant of the Rev. Anthony Stoddard, of London, England, who settled in Boston in 1670. Having received such education as the common schools afforded, Henry spent the last five years of his minority clerking in a store. He then read law and was admitted to the bar in 1812. Pour years later he came West on horseback, and in 1817 permanently located in Dayton. Of the early lawyers of Dayton, Mr. Stoddard was one of the most prominent and successful. He threw his whole soul into his profession, and by his integrity and determined character, rapidly obtained a large and lucrative practice, and won the confidence and esteem of all acquainted with him. In all matters intrusted to his care, whether great or small, the same conscientiousness and accuracy directed his actions, and these best qualified to judge bear testimony that there was no attorney at the Dayton bar whose cases were more carefully prepared, or whose business was more accurately conducted. Nor was he less distinguished for the professional learning and ability displayed during trial. From 1840 to 1844, he was in partnership with Judge D.A. Haynes; but having by the latter year acquired a handsome competence, he retired from regular practice and devoted himself to the management of his private affairs .His mind was an encyclopedia of information relative to the events of three-quarters of a century. He was one of the constituent members of the First Presbyterian Church of Dayton, in which body he was for many years a Ruling Elder. He was in fullest sympathy with all moral and religious movements, and toward such he ever maintained very marked liberality. Mr. Stoddard was married twice, first to Miss Harriet L. Patterson, who died in 1822, leaving one son. His second wife was Miss Susan Williams, who bore him three sons and one daughter, dying in 1861. For many years previous to his death, which occurred November 1, 1869, he was a confirmed invalid. Nearly eighty-two years had passed ere death claimed him; but in dying he had the satisfaction of knowing that he was leaving behind him those who would do honor to his name. The oldest living representative of the Dayton bar is the venerable Peter P. Lowe, who was born in Warren County, Ohio, June 11, 1801. His parents were Jacob D. and Martha (Perlee) Lowe, natives of New Jersey. Peter P. received his early education in the country schools, and studied classics under a private tutor. He studied law in the office of Hon. Thomas Corwin, and immediately after his admission to the bar in May, 1825, he came to Dayton and began practice in June of that year. In 1832, at Washington, D. C., he was admitted to practice in the United States Courts, and in 1834 was elected Prosecuting Attorney of Montgomery County. He took a deep interest in the growth and development of Dayton, and did much toward that end. In 1849, he was chosen President of the Dayton & Western Railroad, and by his wise financial management, placed the road on a substantial footing. In 1837, he was elected on the Democratic ticket to the State Legislature, and served as Chairman of the Judiciary Committee during his term of office. Originally a

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Whig, he left that party and cast his first Democratic vote for President Van Buren. In 1856, he again changed his political affiliations, joining his fortunes with the Republican party, and in 1860 was chosen as a delegate to the convention that nominated Abraham Lincoln for President, and during the war took a determined stand in support of the Union. He was married in May, 1830, to Miss Ann Bomberger, of Dayton, who bore him four children. She died in 1877, after a married life of nearly half a century. Mr. Lowe has been an adherent of the Presbyterian Church all his life, and has been very successful in the accumulation of property. He is a courtly, frank and cultivated gentleman a member of the old regime-whose house was the resort for the great men of by-gone days, such as Stanton, Chase, Tod and Brough, who were his warm personal friends. For many years he has not been engaged in active practice, but is still in possession of much of his old-timed business energy.

Next in the order of time, but in the front rank of leading lawyers, comes Edward W. Davies, a native of New York City, born January 16, 1802, and died in Dayton, Ohio, December 11, 1873. In 1804, the family came to Williamsburg, Hamilton Co., Ohio, and, in 1806, removed to Cincinnati; here Edward W. grew up, studied law and was admitted to practice. In 1826, he became a member of the Dayton bar, where, during the early days of his practice, he had all the experiences of the pioneer lawyer. In 1829, he married Miss Mary Pierce, daughter of Joseph Pierce, an early merchant of Dayton, who bore him seven children, four of whom are yet living. In 1832, he was appointed Clerk of the Court of Common Pleas, and held the office for a number of years. He was afterward associated with Judge Joseph H. Crane, and for many years was the attorney of the C., H. & D. R. R. Mr. Davies was instrumental in securing the passage of the bill creating the Board of Police Commissioners for Dayton; was one of the organizers of that board and President of the same for some years. Although for nearly half a century he maintained a high position at the Dayton bar, he never courted popularity. With broad and extensive views, firm convictions and purity of motives, he was unremitting in his efforts to accomplish an object which he believed to be right. He possessed a deep sympathy with the laboring classes; and was ever ready upon all occasions, and in every way in his power, to assist there in their struggles and to relieve their sufferings. The following is an extract from the testimonial of the Dayton bar, just after his death: " Mr. Edward W. Davies deserved and maintained without reproach, throughout his long, active and useful life, the character of a diligent and able lawyer: an energetic, public spirited and patriotic citizen, a sincere and upright Christian and a pure and honest man. By unswerving integrity and force of character, he commanded the confidence and respect of the entire public, but to those only who were intimately associated with him were known the purity and excellence of his social qualities and those still higher and more sacred attributes that adorn with grace and happiness the domestic circle and belong to the cultivated private Christian gentleman. With a dignity that naturally pertained alike to his personal appearance and his character, he blended a generous and genial kindness, that never failed to respond when a proper occasion called it forth; and such were the sterling qualities of his nature, that no temptation could shake his fidelity to truth, manhood and duty."

Another of the prominent lawyers who came to Dayton more than fifty years ago was Thomas J. S. Smith, a native of Cumberland, Md., born December 10, 1806, and who died at Dayton July 31, 1868. He graduated at Jefferson College, Pennsylvania, and, in 1830, came to Dayton, where he studied law and was v admitted to the bar in 1832. He then settled in Troy, Ohio,

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began practice, and soon rose to a leading position among the members of the bar of Miami County. In 1837, he became Clerk of the Court of Common Pleas and served as such for several years. He also at one time represented that county in the Ohio Legislature. In 1844, he resumed the practice of his profession in Dayton, and soon became engaged in numerous railroad projects, being made President of the Dayton & Michigan Railroad shortly after its organization, and so continued until its completion. His connection with that and other roads gave him practice in railroad cases and he became known as one of the best railroad lawyers in this part of the State. In 1856 and 1857. he represented Montgomery County in the State Legislature, and, in 1860, was the candidate of the Democratic party for Supreme Judge of Ohio, and, upon the breaking-out of the rebellion, he gave his active support to the Union cause. He was always recognized as an able lawyer and speaker, a man of rare vigor of mind fully developed by large culture and discipline; of great firmness and decision of character; of excellent judgment and of the most scrupulous integrity. Politically, a Democrat, he was always distinguished for his conservativeness. Moderate in his opinions, charitable in his judgments, refined in his tastes, kind and gentle in his manners, he was greatly esteemed by men of all parties and conditions in life. A Presbyterian by education, and, for many years, a member of that religious body, his life was a fitting example of Christian piety and truth. On the 28th of May, 1833, he was married to Miss Jane Bacon, daughter of Henry Bacon, a prominent lawyer of Dayton, of which union five children were born, four now living, one of whom, Samuel B. Smith, is the present Adjutant General of Ohio.

In the same rank and contemporary with Mr. Smith may safely be placed the name of Peter Odlin, who was born October 6, 1798, at Trenton, N. J. His parents were citizens of Philadelphia, but, at the time of his birth were temporary residents of Trenton, and Mr. Odlin always claimed Pennsylvania as the State of his nativity. The ancestors of Mr. Odlin were ministers of Exeter, N. H., where, for forty years, they occupied the pulpit. In 1802, his father died while absent on mercantile business, at Cape Francais, Island of St. Domingo. Soon afterward, the family removed to Washington, D. C., where Mr. Odlin was educated at the Washington Classical Academy, and where he studied law under John Law, Esq., a lawyer of eminence, whose name is familiar in the United States reports. Mr. Odlin was admitted to the bar of the United States Circuit Court at Washington City, in 1819, his examiners being John Law, Elias B. Caldwell and Francis Key, the author of the " Star-Spangled Banner," For a short time, he practiced at Washington, but, in 1820, removed to Somerset, Perry Co., Ohio, and, for ten years, was Prosecuting Attorney of that county. He was elected to the Legislature for the session of 1830-31, during which he was a member of the Judiciary Committee and also of the Committee on Revision. In 1832, Mr. Odlin came to Dayton, and, in 1834, formed a partnership with Hon. Robert C. Schenck, and, for about nine years, the firm of Odlin & Schenck stood at the head of the Montgomery County bar. After Gen. Schenck' election to Congress, Mr. Odlin entered into partnership with Col. John G. Lowe, which existed for about six years, after which he became the partner of William H. Gilman; subsequently, of Abraham Cahill, and, in his later years, was associated with Albert Kern. In politics, he was a Whig and a Republican; was a delegate to the convention which nominated Gen. Taylor for President, and was also on the electoral ticket for Fremont. In 1845, he was elected President of the Dayton Branch of the State Bank of Ohio, and was annually re-elected to the same position until the expiration of its charter, when he was elected and served for many years as President of the Dayton National Bank. At the first election, after

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the adoption of the new constitution, he was the Whig candidate for Supreme Judge of Ohio. In 1829, Mr. Odlin became a member of the Presbyterian Church, at Somerset, in which he was elected an Elder, and, upon his removal to Dayton, he was elected to the same office in the First Presbyterian Church, where he remained until 1836, when he became one of the founders of the Third Street Presbyterian Church, in which he remained an Elder until his death. In 1861, he was elected to a seat in the General Assembly of Ohio, and remained there as Chairman of the Committee on Finance until the close of the rebellion, and then declined further candidacy. He was the author of the bill giving to the soldiers in the field the right to vote at the darkest period of the rebellion, when the State was defenseless. Mr. Odlin introduced a bill making an appropriation of $1,000,000 for the defense of the State, which passed and became a law. Under this bill, four parks of artillery for the State were made immediately, and, at the same session, the military committee perfected and passed the law organizing the National Guard, which placed the State in security and enabled Gov. Brough to send 40,000 men to the front. Mr. Odlin was also author of the bill, which is now a law, preventing the sale of liquor on election days, one of the best laws ever enacted. In 1869, although retired from public life, he was elected by the Republican party as Senator from the Montgomery and Preble Districts, and served his full term. As a man, Mr. Odlin's place was among that class of Christian gentlemen whose calm and vigorous intellects are governed by a Christian heart and a Christian conscience. He was tall, slim and compactly framed, bearing at all times the deportment of a dignified and earnest, but kind hearted man, and, although a stern man when principle was involved, he was courteous to every one, and his long public life and extensive acquaintance with the men and business of the world, failed to give him that forbidding sternness so common with public men. As a Legislator, Mr. Odlin ranked among the very first of his day, and wielded a powerful influence in both branches of the State Legislature. His knowledge of law and of finance enabled him to render the State important service, and gave him an influence such as few men ever attain. In debate, he was clear, severely logical and always master of the subject in hand, revealing a cultivated taste and a mind enriched with the beauties of literature. He was married, at Somerset, Ohio, October 14, 1821, to Miss Ann M. Ross, formerly of Washington, D. C., to whom were born nine children--five daughters and four sons-two of the former being dead. Two of his sons were in the army throughout the rebellion, one of whom was a Major in an Ohio regiment. Mr. Odlin died October 18, 1877, in the eightieth year of his age, loved and respected by his professional brethren for his manly attributes and brilliant legal attainments, as well as honored and revered by the best citizens of Montgomery County, among whom he had lived nearly half a century.

Prominent in the affairs of this county, we find the name of Hon. Charles Anderson, who was born at his father's residence, called " Soldiers' Retreat." near the present city of Louisville, Ky., June 1, 1814. His father, Col. Richard C. Anderson, a native of Virginia, settled at that point in the year 1783, and was Surveyor General of the Virginia military lands. Charles received a thorough education, and, under the best of teachers, prosecuted his studies in the English branches and in the classics. In 1829, he entered Miami University, at Oxford, Ohio, graduating in 1833. He soon after went on a visit to his brother, Robert, who was then in command of the United States Arsenal at St. Louis, Mo., but who subsequently became the hero of Fort Sumter. He there engaged in farming, which did not prove a success, and he returned to Louisville, where he entered the law office of Pirtle & Anderson. In 1835, having completed his law studies, he came to Dayton, Ohio, and, on September 16,

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was married to Miss Eliza J. Brown. He opened an office, and, for ten years, was half lawyer and half farmer, exhibiting little zeal in his profession, but ever displaying a strength of moral principles and a calm independence of character, which won for him the increasing respect of the community. He was first elected Town Clerk and Superintendent of the common schools, and, in 1842 and 1843, was Prosecuting Attorney of Montgomery County. In 1844, he was elected to the State Senate, where he exhibited the moral courage of being the first man in Ohio who dared to propose and vote for the repeal of the law disqualifying negroes from appearing as witnesses in legal trials, for which he was bitterly denounced. After the expiration of his Senatorial term, he went to Europe for the purpose of trying to regain his health, which was very poor. His tour of Europe completely restored his wonted vigor, and, upon his return. he removed to Cincinnati, where he entered into a law partnership with Rufus King, which lasted eleven years. His health again failing, he removed to Texas and engaged in stock-raising, which he followed until the rebellion, when he was driven from the State on account of his Union sentiments, barely escaping with his life. He then went to England for the purpose of delivering a series of lectures, and endeavored to turn the tide of English opinion in favor of the Union. but, upon reaching that land, he soon discovered that such a thing would be impossible as nearly the whole English nation. with the exception of Ireland. were secretly assisting the rebels and rejoicing in the coming dissolution of the Union. Upon returning to America, he was appointed Colonel of the Ninety-third Regiment Ohio Volunteer Infantry, but, after the battle of Stone River. wounds and exposure had so impaired his health that he was compelled to resign his commission. He was soon afterward elected Lieutenant Governor of Ohio, and, by the death of Gov. Brough, became Governor of the State. At the close of the war, Gov. Anderson advocated immediate and general amnesty, but the legislation then enacted led him to pass into the Democratic party. He subsequently removed to Lyon County, Ky., and settled upon a large iron estate on the Cumberland River, where he is now living in the seclusion of private life. Gov. Anderson was distinguished as a man of broad national patriotism: a genius of brilliant parts, with a great command of language, and an intuitive power of disentangling intricacies. He was a frank, open hearted and generous man, whom every one admired and respected.

The other living member of the Dayton bar, who practiced here previous to 1840, is Hon. Ralph P. Lowe, of Washington, D. C. He was born in Warren County, Ohio, November 24, 1805, and was a son of Jacob D. and Martha P. Lowe. He grew to manhood in his native county, and from there entered Miami University, where he graduated. Immediately afterward, he went to Alabama, where he followed school teaching and the study of the law; was subsequently admitted to the bar and began the practice of his profession. About 1834, be returned to Dayton and formed a partnership with his brother, Peter P., which lasted until his removal to Iowa, in 1839. In the year 1838, he married Miss Phoebe Carlton, of Cincinnati, who bore him nine children, all of whom are living. He practiced law in Iowa many years, and, in 1860, was elected Governor of that State, and subsequently, to a seat on the Supreme bench of the same commonwealth. About nine years ago, he removed to Washington, D. C., where he is at present engaged in the practice of his profession. Judge Lowe possesses a thorough knowledge of the law, made a good Judge and is considered a first-class lawyer.

There are many other members of the early bar who deserve special mention, but of whom we have been unable to obtain necessary data for a sketch; but of those who acquired especial distinction we find the names of Henry

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Bacon, Sr., Robert A. Thruston and M. E. Curwen. The former was one of the very ablest lawyers at the bar, and, although a man not possessed of much energy, at times he would be " imbued with a spirit of eloquence, and deliver speeches, which, for logical strength and beauty of composition, were seldom equaled. He was a well-read lawyer, and, from 1817 to 1833 inclusive, was Prosecuting Attorney of Montgomery County and also represented the county in the State Legislature. The second gentleman, Robert A. Thruston, is claimed to have been the most eloquent member of the early bar a man of undoubted legal ability and brilliant attainments. In 1836 and 1831. he was a member of the Ohio Legislature, and was considered one of the ablest legislators in the House. Both he and Bacon died many years ago, but are still kindly remembered by many of the oldest citizens. M. E. Curwen was a man of great legal learning, and, for many years, a professor in the Cincinnati Law School. He was the compiler of Curwen's Revised Statutes and author of several books, among which was a short history of Dayton, published in 1850, which preserved many important facts about the early settlement at the mouth of Mad River.

Few men were better or more favorably known among their professional brethren since 1840 than John Howard, whose death occurred in Dayton May 8, 1878. He was born in Belmont County, Ohio, October 5, 1813, and, in 1826, his father, Horton Howard and family, moved to Columbus, Ohio, where, in 1833, both parents and sister died of cholera. John graduated at Kenyon College, Gambier, Ohio, in 1838, and, in 1839, located in Dayton. He read law in the office of Odlin & Schenck; was admitted to the bar in 1840, and was engaged in a very successful practice for nearly forty years. during eight of which he was associated with Judge D. A. Haynes. He was rather indifferent to politics, though for several years he was Mayor of Dayton and a member of the City Council. In 1876, he was made a candidate for Congress against his wishes, but was defeated by less than 100 votes. As a lawyer, he was noted for the care and thoroughness with which his cases were prepared, and also for the skill, ingenuity and ability that characterized his pleadings. Though not eloquent, the effect of his argument on courts and juries was always telling and emphatic. In religious faitb, he was educated a Friend, his father being a minister of that church, but, some eight years previous to his death, he united with the Third Street Presbyterian Church of Dayton. On the 6th of April, 1841, Mr. Howard married Ann E. Loury, daughter of Fielding Loury, of Dayton, who became the mother of seven children. two of whom survive. In his latter years, his son, William C. Howard, was his partner in the law profession. It was said of him that he never made an enemy while at the Dayton bar, or that there was a living soul who entertained other than the highest respect for him. He was considered the most prompt man at the bar. a hard and cheerful worker. always ready for business.

Of the leading members of the Montgomery County bar who have passed from this scene of action in the last few years, none have been more deeply regretted than Wilbur Conover. He was born in Dayton, Ohio. May 10, 1821 and died in his native city October 3, 1881. In 1834, he began attending school at the Dayton Academy, where he spent three years, and, in 1837, entered the Sophomore class at Miami University, Oxford, Ohio, graduating in the same class with Robert W. Steele, of Dayton, in 1840. He was distinguished among his classmates as a diligent, popular student, endowed with an unusually clear. analytical mind, which, with his love of study and industry, made him the best scholar in his class. Upon leaving college, he at once chose the profession of the law, entered the office of Odlin & Schenck, and was admitted to the bar in 1842. In 1844, be became the law partner of Robert C.

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Schenck, and so continued until 1850. The following year, he formed a partnership with Samuel Craighead, which firm was recognized as one of the most reliable and eminent in this portion of Ohio. Mr. Conover was married, September 11, 1849, to Miss Elizabeth W. Dickson, who bore him five children, three of whom are now living. His associates say of him that he possessed all the qualifications of an excellent lawyer, being diligent, painstaking and strictly conscientious, active and clear in his perceptive faculties. He never concealed his honest convictions on any subject, and never sacrificed or com promised them for the sake of popularity. His opinions as a lawyer were regarded with deserved confidence, as well by the community as by the profession; and his business life seemed to illustrate the lofty sense of duty united with a sincere devotion to his calling. Robert W. Steele, who was his classmate for six years, says of him: " Thoroughness was his distinguishing quality as a student, and he never left a subject until he reached the bottom of it. Truthfulness and purity characterized him throughout his college course, and in all my intercourse with him I never heard him utter an unworthy or impure word. His later life was a fitting fulfillment of the bright promise of his college days. He occupied no official positions, because he never sought nor, would accept them. He devoted himself wholly to his profession, and worthily won the high position he attained as a lawyer. While steadily refusing all offers of political preferment, he served for many years as a member of the Board of Education. His services as a member of the Library Committee were specially valuable, and his excellent judgment of great use in the selection of books." As far back as 1870 his health began to fail-the result of a too close and diligent application to business, and from which he never fully recovered.

In closing the record of those lawyers who are recognized as fitting representatives of the Montgomery County bar since the first court was held, in 1803, the history would be incomplete without a brief sketch of Col. Hiram Strong, who was wounded at the battle of Chickamauga and died at Nashville, Tenn., October 7, 1863. He was born October 28, 1825; graduated at Miami University in 1846, and was admitted to the bar in Dayton in 1849, where he continued in successful practice until August, 1862, when he was made Lieutenant Colonel of the Ninety-third Ohio Volunteer Infantry. He was married September 28, 1852, to Miss Harriet A. Conover, to whom were born four children, all now living. Immediately after his admission to the bar, Col. Strong formed a partnership with William C. Bartlett, which continued until 1853. In that year, he became associated with Hon. Lewis B. Gunckel, and this firm, during its existence of ten years, was recognized as ranking among the leading ones of Dayton. Of the many noble men who lost their lives in the war, there was no better or nobler than Col. Strong. Quiet and retiring in his manners, of a warm, generous, impulsive nature; he never acted without deliberation, be never formed an opinion without reflection-in fact, his character was a model one. He was a just man and scrupulously honest. Frank, open and fair himself, he despised cunning, deceit and trickery. He was always genial, hopeful, companionable, possessed of the most perfect self control and temperate in all things. Never a politician, he nevertheless took a lively interest in public affairs. As a speaker, he was forcible; but strove to convince, rather than to please, while, as a lawyer, here was no safer counsel at the bar. As a soldier, he was ever at the post of duty; was exact in his discipline, and paid the strictest attention to all the minutest details. Having no military knowledge when he entered the army, he became, by rigid study, a thorough tactician, and made of the Ninety-third one of the best disciplined regiments in the field. He had no military ambition, and accepted the position of Lieutenant Colonel purely from a sense of duty and patriotism. Such was his attachment

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for home and family that the highest command in the army would have been no inducement for him to leave them. Cautious, apparently timid, he shunned no danger when duty called, and was as brave as the bravest. He ever acted upon principle, and duty could command him when no personal interest could move him. A kind father, a loving husband, a patriotic citizen and a brave soldier he gave his life in the prime of manhood, a willing sacrifice for his country. The bar of Montgomery County furnished the Union army with the following soldiers: Gens. Robert C. Schenck, Gates P. Thruston and Moses B. Walker; Cols. Hiram Strong, Edward A. King, John W. Lowe. Michael P. Nolan, Joseph G. Crane, Edward A. Parrott, Charles Anderson, John G. Lowe. and David B. Corwin, Majs. Samuel B. Smith, Daniel O Driscoll, Luther B. Bruen and William H. Sigman; Capts. E. Morgan Wood, Samuel B. Jackson and George W. Brown; Lieuts. O. M. Gottschall and William C. Howard; Sergts. Elihu Thompson and William Craighead. Of these, Cols. Strong, King, Crane, John W. Lowe and Maj. Bruen gave their lives as a sacrifice on the altar of their country, while many of the others bear honorable wounds.

From the organization of the county up to the year 1852, practicing attorneys had to pay an income tax, but in the latter year that law was abolished.

The following is a complete list of the Prosecuting Attorneys from 1803 to 1882-a period of seventy-nine years: Daniel Symmes, pro tem., 1803-04: Arthur St. Clair, 1805-07; Isaac G, Burnett, 1808-12; Joseph H. Crane, 1813 -16; Henry Bacon, Sr., .1817-33; Peter P. Lowe, 1834-37; Joseph H. Crane. 1838-39; William H. Blodget, 1840-41; George C. Holt, 1841-42; Charles Anderson, 1842-43; Daniel A. Haynes, 1844-1847; Samuel Craighead, 1848-51; James H. Baggott, 1852-55; D. A. Houk, 1856-59; Daniel P. Nead, 1860-61: Henderson Elliott, 1862-63; Youngs V. Wood, 1864-65; Warren Munger. 1866-67; George V. Nauerth, 1868-69; Elihu Thompson, 1870-73; James C. Young, 1874-75; John M. Sprigg, 1876-79; James C. Young. 1880--81;-John M. Sprigg, 1882.

Deceased attorneys who have lived and practiced in Montgomery County: John J. Ackerman, *Henry Bacon, Sr., Henry Bacon, Jr., Eli Booth, Robert P. Brown, William H. Blodget, Lee Brumbaugh, George W. Bomberger, David H. Bruen, Luther B. Bruen, John C. Baggott, Joseph H. Crane, Joseph G. Crane, William H. Crane, Wilbur Conover, W. W. Chipman, M. E. Curwen. Abram Cahill, John C. Clegg, Samuel B. Darst, Edward W. Davies, John De Graff, Stephen Fales, Ira Fenn, D. G. Fitch, Eli J. Forsythe, W. H. Gilman, -- Gilbert, Joseph Graham, John Howard, *George B. Holt, Talbert Jones, Samuel B. Jackson, Edward A. King, T. C. Kidd, --- Kelsey, James Kelly, H. V. R. Lord, O. A. Lyman, Jacob D. Lowe, John W. Lowe, Josiah Lovell. Warren Munger, Sr., William Mount, Fitz Hugh Mathews, *William J. McKinney, George W. Moyer, Daniel P. Nead, William Osborn, *Peter Odlin, *Marcus J. Parrott, William H. Piper, Thomas Powell, *Thomas J. S. Smith. Lucius Q. Smith, *William M. Smith. *Henry Stoddard, Sr., James A. Shedd. Hiram Strong, John Scott, J. W. Sharts, Philip Shuey, Edwin Smith,* W. Shelhamer, William H. Sigmau, *Robert A. Thruston, T. B. Tilton, C. L. Vallandigham, John W. Van Cleve, Fred L. Wood, Youngs V. Wood. Stephen Whitcher.

The following lawyers have lived and practiced in this county, but are now residing elsewhere: *Charles Anderson, William C. Bartlett, M. Q. Butterfield. G. S. Byrne, Francis C. Biglow, J. M. Bond, George W. Brown, E. C. Bookwalter, William E. Brown, J. J. Clark, Frank Collins, *F. P. Cuppy, John T. Douglas, W. L. Dechant, John C. Dunlevy, Zina Doty, Edward Delaney. George W. Ells, John H. Fry, P. H. Gunckel, *Luther Giddings, John V. L. Graham, Michael Garst, William C. Howard, William L. Helfenstein, Jackson A. Jordan, N. E. Jordan, I. N. Jordan, Elza J Jeffords, Isaac H. Keirstedt. Riley J. Knox, Gilbert Kennedy, Ralph P. Lowe, E. O. Lefever, J. Walker Ale-

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Corkle, G. V. Nauerth, B. F. Owen, C. M. Peck, Charles Parrott, Joseph Plunkett, William Ritchie, Isaac Robertson, A. M. Scott, Frank Showers, Henry Stoddard, Jr., George W. Starr, Theodore Sullivan, E. C. Swallem, H. L. Strohm, W. C. Thompson. Reuben Tyler, Julius C. Taylor, Gates P. Thruston, George Walker, W. J. Weaver, Moses B. Walker, Col. Whitney, Israel Williams, H. H. Weakley, D. M. Zeller.

The following attorneys have retired from practice, or have abandoned the profession and engaged in other pursuits: Cornelius Boltin, J. B. Dravenstedt. Fred C. Fog, W. S Fox, Simon Gebhart, Ralph S. Hart, William P. Huffman, Aloise Huesman, S. J. Henderson, *Peter P. Lowe, John G. Lowe, John McMaster, *Edwin A. Parrott, *Robert C. Schenck, John W. Stoddard, W. H. Simms, J. *McLain Smith, G. W. Shaw, T. F. Thresher, James R. Young.

The present bar of Montgomery County contains ninety-four practicing attorneys, whose names will be found in the following list: Jacob Allspaugh, James H. Baggott, C. L. Bauman, C. H. Baldwin, J. J. Belville, *W. H. Belville, Wickliff Belville, Samuel Boltin, O. Britt Brown, John T. Brady, S. H. Carr, Adam Clay, Amos K. Clay, Frank Conover, *David B. Corwin, Quincy Corwin, Thomas Corwin, Samuel Craighead, William Craighead, C. A. Craighead, L. S. Crickmore, O. F. Davisson, C. W. Dustin, Dennis Dwyer, Henderson Elliott, Hiram Ellis, C. W. Finch, John L. H. Frank, Adam Frank, Jasper Garst, O. M. Gottschall, John E. Greer, *Lewis B. Gunckel, Leo Gates, John Hallanan, *D. A. Haynes, John Hanitch, W. C. Hartranft, Francis M. Hosier, *George W. Houk, D. A. Houk, Alfred Humphreys, D. W. Iddings, C. D. Iddings, W. B. Iddings. James O. Jefferys, Walter D. Jones. Patrick Kelly, Grafton C. Kennedy. Albert Kern, E. H. Kerr, A. W. Kumler. James Linden. Thomas O. Lowe, John A. McMahon, W. D. McKemy, C. J. McKee, George W. Malambre, John S. Manning, A. L. Marshall, R. D. Marshall, E. P. Mathews, Warren Munger, A. G. Murrey. James Mumma, R. N. Nevin, M. P. Nolan, M. Chris Nolan, E. D. Payne, L. R. Pfoutz, E. L. Rowe, A. H. Romspert, John Schuster, John A. Shauck, W. W. Shucy, Samuel B. Smith, J. Manning Smith, Sumner T. Smith, Charles E. Swadener, John M. Sprigg, Stith :1I. Sullivan, W. B. Sullivan, *John F. Sinks, A. A. Thomas, Elihu Thompson, *C. N. Vallandigham. W. H. Van Skaik, G. O. Warrington, T. S. Williamson. A. A. Winters, C. H. Winters, E. S. Young, J. C. Young, G. R. Young.

NOTE- Names marked with an asterisk were members of either the House or Senate of the Ohio Legislature.

The Dayton Bar Association was incorporated on the 15th of April, 1868. by E. S. Young, Thomas O. Lowe, Samuel Craighead, John A. McMahon, John Howard and Abraham Cahill. The purpose of the association was to create a law library by the subscription of stock by the members of the Montgomery County Bar. The library at the time of its incorporation consisted of about 800 volumes. On the 24th day of December, 1868, the following officers and directors were chosen for the year 1869: Daniel A. Haynes, President; Thomas O. Lowe, Treasurer; O. M. Gottschall, Secretary; D. A. Haynes, John A. McMahon. C. L. Vallandigham, J. A. Jordan, E. S. Young, Thomas O. Lowe and D. A. Houk, Directors. A constitution and by-laws were adopted March 22, 1869. During the past thirteen years, there has been made many valuable accessions to the library until it now contains 2,500 volumes, and is in a more prosperous condition that at any time since its incorporation. The County Commissioners have reserved a room in the new court house, which, when finished, will be used for the law library of the Bar Association. The present officers of the association are: Warren Munger, President; John A. McMahon, Vice President; John A. Shauck, Treasurer; Joel O. Shoup, Secretary and Librarian; Warren Munger, Jobn A. McMahon, John A. Shauck, John M. Sprigg, A. A. Winters. Quincy Corwin and O. M. Gottschall, Directors.