THE COUNTY PRESS - 252 CHAPTER XV. THE BENCH AND BAR OF MORGAN COUNTY. THE FIRST COURTS—THE PRIMITIVE COURT HOUSE—THE EARLY COURTS AND LAWYERS—JOHN DOLAND, THE FIRST ATTORNEY—HON. JOHN E. HANNA—JAMES L GAGE, AND OTHER EARLY LAWYERS—HON. J. M. GAYLORD—HON. ELIJAH HAYWARD—HON . E. E. EVANS—COLONEL MELVIN CLARKE—HON. ISAAC PARRISH— HON. C. B. TOMPKINS—JUDGE F. W. WOOD--ROYAL T . SPRAGUE— GENERAL F. B. POND—BIOGRAPHIES OF MEMBERS OF THE PRESENT BARNEWELL CORNER, HON. E. M. STANBERY, J. A. IVERS, W. B. CREW, AND OTHERS— REMINISCENCES. THE first term of court held in Morgan County began April 5, 1819, in a log cabin situated on lot fifty-one, south Main street, McConnelsville. The bench of justice was borrowed from a carpenter, and in dimension was ample for the accommodation of the usual number of judges. It, however, was occupied only by the three associates, the president judge (Hon. Ezra Osborn, of Portsmouth, was the judge of this judicial district) failing to attend. The lawyers and litigants occupied a small area in front, while the jury were seated on two benches of less elevation than the judges' seat. The witnesses and spectators appropriated the residue of the available space, or attended to the adjustment of other matters on the outside. The following are the "Minutes of a court of common pleas held in McConnelsville in and for the County of Morgan, State of Ohio : "Be it remembered that on this fifth day of April, eighteen hundred and nineteen, and of the State the eighteenth, William Rannells, Sherebiah Clark and William B. Young presented commissions from his excellency, Ethan Allen Brown, governor of the State of Ohio, appointing each of them associate judges of the County of Morgan. Also certificates on their Several commissions that they and each of them had taken the oath of allegiance and office. Whereupon a court of common pleas was holden for the County of Morgan at the court room in the town of McConnelsville, the seat of justice for said county. Present, Hon. William B. Young* and Sherebiah Clark, associates, and William Rannells, presiding judge. "Court adjourned to nine o'clock tomorrow morning. " WILLIAM RANNELLS, "Presiding Judge." At this term of court Nathan Dearborn, coroner, acted as sheriff. On the first day, Dr. Samuel A. Barker was appointed clerk, John Doland prosecuting attorney, and Timothy Gaylord * William B. Young lived within the present limits of Malta Township, Sherebiah Clark in Olive Township, and William Rannells in Brookfield Township, (now) Noble County. 253 - THE BENCH AND BAR. recorder pro tem. The first judgment entered by the court was in favor of General Isaac VanHorn, of Zanesville, against John Dodds, for the sum of $114.34 and costs. The term lasted two days. At a called court held May 20, 1819, the first letters of administration were granted to Dr. Samuel Martin upon the estate of Thomas Martin deceased. Thomas Martin was a brother of Dr. Martin, and was drowned in attempting to cross the river a short distance above McConnelsville. The second regular term of court began July 5, 1819, in a cabin located on lot 19, in McConnelsville. Nathan Dearborn, of Windsor Township, was the coroner and acting sheriff. The following were summoned as the first grand jury of the county : William M. Dawes, foreman, Joseph Devereaux, A. Devol, Zadock Dickerson, Sylvanus Newton, Gilbert Olney, Isaac II edges, Simeon Morgueridge, Samuel Henry, Asa Emerson, Nathaniel Shepard, Rufus P. Stone, Alexander McConnel, Archibald McCollum, and Richard Cheadle. The first indictment presented by the grand jury was against Enoch Loper for assault and battery on James Frisby. Frisby was afterward a justice of the peace and a prominent citizen of Bloom Township. To the indictment Loper pleaded "not guilty," and for the trial the first petit jury was impaneled, viz.: T. M. Gates, Benjamin Johnson, William Murphy, William Lewis, Micah Adams, Philip Kahler, Benjamin Witham, Elijah Witham, Abraham Hews, John Seaman, Samuel White and B. W. Talbot. The jury retired outside of the log court room in charge of a sworn officer, who was duly instructed " not to permit the jury to have anything to eat or drink (water excepted) until they agreed upon a verdict." They soon agreed, finding Loper * guilty. He was assessed a fine of $3 and costs. The October term of court, 1819, began on the 4th of the month. At this term James Reed was the first person naturalized. He was an Irishman, residing on Duck Creek, now in Noble County. The first slander suit in the county was tried at this term—Ezekiel Hyatt vs. Philip Moore. Moore charged Hyatt with having sworn to a lie on the trial of a case before a justice of the peace. The jury who tried the case were Levi Davis, John B. Perry, Phineas Coburn, Simeon Blake, James Whitaker, Willias Silvey, James Harris, Jared Andrews, Levi Ellis, Levi Deaver, John Shutt and Jonathan Porter. The jury found Hyatt guilty, and he was fined $17. Evidently slander suits were not very profitable at that day. At the March term, 1820, the president judge, Hon. E. Osborn, made his first appearance at McConnelsville in his official capacity. Up to that time the associate judges had managed the judicial affairs of the county. Under the first constitution of the State (1802) the court of common pleas was constituted of a president judge and three associates elected by the legislature for a term of seven years. The president judge was a lawyer and held court in the different counties composing his judicial district + The associate * At the March term. 1820. Loper's name again figured on the records. He was then indicted for assault and battery on John Hulr.‘ and John Hull was indicted for a similar offense against Loper. Hull pleaded "guilty," and was tined $1. The case against Loper was noile preurequied. + At the time of organization Morgan County was in the fourth judicial district, but on February 24, 1820, was placed in the eighth, 254 - HISTORY OF MORGAN COUNTY, OHIO. judges were citizens of the county, and, with one exception in Morgan County, were not lawyers. "They were," says Judge Gaylord, "generally honest, substantial gentlemen of sound judgment and good appearance, of fair ability and of general information; without prejudice, hatred or ill-will toward any one. In some instances, however, there were failures in all or a part of these important qualifications. If there should be any such it was set down as a mistake by the judge-makers and patiently borne with, for in those days impeachment was seldom resorted to. The wags about the court-house and court-room would have their fun at-the expense of the honorable judicary, and occasionally indulged in pretty rough remarks. They would declare that there were 1,000 judges upon the' bench. . . . To reach this arithmetical conclusion they made the president judge to represent the figure one, and the three associates three ciphers." Morgan County is small, both in territory and in population ; the people are of a peaceful disposition and averse to litigation, consequently there has never been a large amount of legal business. Yet the county has had, and still has, a bar of more than average ability. The record of the lawyers is in general a record of able, honorable men. Several Morgan County attorneys have distinguished themselves as legislators, jurists and military officers. In this chapter the writer has sought to include the name of every lawyer of prominence who ever resided in the county, giving biographical sketches wherever such were obtainable. At the time the first courts were held in Morgan County there were no resident lawyers in McConnelsville. The attorneys who attended to the small amount of legal business brought before the courts were chiefly residents of Muskingum, and among them were several men of high standing in the legal profession. A glance at some of the earliest court journals reveals the names of S. W. Culbertson, General Herrick, Charles B. Goddard, Wyllys Silliman, Appleton Downer, Alexander Harper, Richard Stillwell and John Doland. JOHN DOLAND became the first resident attorney, and put out a sign notifying the public that he was an " attorney and counselor at law and solicitor in chancery in Morgan and adjacent counties." He had but little legal business, and for a livelihood he betook himself to teaching the village school. He had talent, but was intemperate and dissipated, and of little account as a lawyer. HON. JOHN E HANNA is not only the oldest member of the Morgan County bar, but also one of the oldest lawyers of Southern Ohio. He has resided and practiced his profession in McConnelsvile for sixty years. The county has no citizen who is better known or more highly esteemed. Full of years and honors, Judge Hanna is passing the evening of his life among the people of Morgan County, to which he came when on the threshold of man'S estate. He has witnessed most of the changes which time and progressive industry have wrought in the county since its organization, and his own influence has always been cast in favor of every public measure calculated to promote the best interests of the people. The merchants, doctors, county officials and lawyers of. McConnelsville in 1826—where are they ? THE BENCH AND BAR - 255 “They are no longer here; they all are gone Into the land of shadows—all save one. Honor and reverence, and the good repute That follows faithful service as its fruit, Be unto him, whom living we salute." John E. Hanna is descended from a family of pioneers. His grandfather, John Hanna, was a pioneer settler west of the Alleghanies, and was the founder of Hannastown on the Loyalhanna, the first county seat of Westmoreland County, Pennsylvania, which was burned by the Indians and the proprietor of the town and his wife talon prisoners. John Hanna, the father of Judge Hanna, learned the saddler's trade, and established himself in business in Greensburg, where he married Ann Leonard. a niece of Governor Finley. John Hanna and wife lived in Greensburg until after three children were born, then bought a farm on the Yolighiogheny River, in. Rostrover Township, Westmoreland County, three miles above Robbstown. There, on the 19th of December, 1805, John E. Hanna was born. In 1815 the family removed to Cadiz, Harrison County, Ohio, where the subject of this sketch was reared and educated. The father of Judge Hanna was the first auditor of Harrison County, and afterward held the office of associate judge. John E. Hanna read law under Hon. Chauncey Dewey, and was admitted to the bar of Ohio September 25, 1825, although then less than twenty years of age. In the spring of 1826 he came to Mc- Connelsville, where his home has been ever since. June 7, 182'6, he married Susan Robertson, a sister of Dr. Robertson. Mrs. Hanna died April 15, 1865, and the Judge afterward married Sarah S., daughter of Rev. William Swazey. In 1826 he was appointed as aid upon the staff of General Alexander McConnel, and in the following year brigade major. He held the latter position until 1834, and was then chosen brigadier-general of militia, in which capacity he served until 1840. In the spring of 1831 he was appointed prosecuting attorney, and on the 12th of October, in the same year, postmaster of McConnelsville. In 1833 the office of prosecuting attorney was made elective and postmasters became inelegible. He therefore resigned the postmastership and was elected prosecuting attorney. He continued to serve in that office until 1838, and in the fall of that year was elected representative to the legislature from Morgan County. He was reelected the following year and served another term. In February, 1840, he was elected president judge of the eighth judicial circuit of the court of common pleas, embracing the counties of Morgan, Washington, Athens, MeigS, Gallia, Lawrence and Scioto. In this important office he served with honor for seven years, and doubtless would have been reelected but for the fact that the legislature was anti-democratic. In 1854, Judge Stillwell having resigned as president judge, Judge Hanna was appointed to fill the vacancy. At the opening of the rebellion he espoused the cause of the Union with warmth, and took an active part in raising troops for the army. He was offered the position of lieutenant-colonel of the 17th Regiment, but declined on account of the ill health of his wife. Governor Foster appointed him one of the trustees of the Athens Asylum for the Insane, and through his infinence Dr. Agnes Johnson was appointed physician 256 - HISTORY OF MORGAN COUNTY, OHIO. to minister to the wants of the female patients. This was the first appointment of a female physician in any of the State institutions, and experience has shown the wisdom of the experiment. In November, 1855, Judge Hanna was appointed postmaster at McConnelsvine, and entered upon his duties in January following. He has been a lifelong Democrat. JAMES L. GAGE located in McConnelsville in 1827. He was originally from New York State, but came here from Lucas County, Ohio. He served two terms as prosecuting attorney, and in 1844-7 was one of the associate judges of the county. During his stay he established a foundry in McConnelsville, which did a good business for a time, but finally resulted unsuccessfully. After more than twenty years' residence in Morgan County he removed to the northern part of the State, where he died. He was a lawyer of fair ability. HON. JAMES MADISON GAYLORD. This gentleman, an able and honored citizen, was born in Zanesville May 29, 1811, and died in McConnelsville June 14,1874. He came with his parents to McConnelsville in 1818, and resided in the village until his death. He was a man of good ability, and though his educational opportunities were not great his Self-acquired knowledge thoroughly fitted him for the practical duties of life. He attended the village schools, and for one year was a pupil of the university at Athens. In 1833-4 he read law in the office of Judge Hanna, but did not complete his legal studies. In 1834 he was appointed clerk of the court of common pleas, also clerk of the supreme court (now the district court), which positions he filled until 1849. In 1850 he was elected to congress from the thirteenth district, which then included Morgan County. At the expiration of his term he was elected probate judge, and held the office during one term. In 1860 he was deputy United States Marshal, and took the census of the county. In 1865 he was elected justice of the peace, and by successive rejections was continued in that office until his death. He was a stanch democrat, always active in politics, and one of the best stump speakers the county ever had. For twenty years he was a member of the county central committee of his party. In 1836 he married Roxa, daughter of N. Shepard. Three sons survived him, and two of his sons were sacrificed o'n the altar of his country. In all his official positions, as well as in private and social life, his conduct was marked by the strictest integrity and uprightness, and his genial affability and sterling worth won the highest appreciation and respect. He was a very pleasing Writer, and in 1872-3 contributed to the Democrat, under the signature of " Antiquarian," a series of remarkably interesting articles on the local history of the county, from which the editors of this volume have freely drawn, especially in the preparation of the histories of the several tOWnships. HON. ELIJAH HAYWARD, aged seventy- eight, died at his residence in McConnelsville September 24, 1864. He was a native of the town of Bridgewater, Mass., and was mainly self-educated. He read law under Chief-Justice Parsons of Massachusetts, and in 1818 traveled in Europe. In 1819 he came west, reaching Cincinnati in December. There he engaged in the practice of law, and for a time edited a democratic newspaper known as Liberty Hall. For four years (1825 to 1829) he represented 257 - THE BENCH AND BAR. Hamilton County in the legislature, and in 1830 was elected judge of the supreme court of Ohio. In the next year President Jackson appointed him commissioner of the general land office, which position he held until 1835. He then resigned and removed to McConnelsville, whither his son Fred, still a resident of the town, had preceded him. During his residence here he practiced law, and for a time was editor of one of the local papers. He did not seek business, and consequently his practice was not large. During the later years of his life he devoted much of his time to the preparation of genealogical histories of the Massachusetts families represented in southern Ohio. After his death his manuscripts went to the Massachusetts Historical Society. He was a life-long democrat, and was a Roman Catholic in religious faith, though reared a Protestant. He was an intimate personal friend of Andrew Jackson, and is said to have had considerable influence over him at one time. Judge Hayward was a man of great force of character, and of extensive and varied attainments. HON. EZRA E. EVANS, ex-judge of the eighth judicial district, was a resident attorney of Morgan County for nearly a score of years. He was born near Belmont. Station, in Belmont County, Ohio, March 5, 1816, and educated in the common schools. He read law in Cambridge, Guernsey County, under his brother, Nathan Evans, and was admitted to the bar April 17, 1837, in Georgetown, Brown County, Ohio. After practicing a short time in Toledo he returned to Cambridge, where he practiced from December, 1838, until March, 1840. He then moved to McConnelsville, and in 1851 was elected probate judge, which office he held two years. In 1858 he removed to Zanesville, here he still resides and practices his profession. In 1861 he was elected judge of the court of common pleas, and held that office one term. He was married in 1843 to Mary F. Lawrence, widow of John R. Lawrence, and daughter of Colonel Benjamin W. Talbot. Judge Evans was formerly a whig, and is now a republican. MELVIN CLARKS, for, ten years a practicing attorney of McConnelsville, was descended from Puritan ancestors, and was born in Ashfield, Mass., November 15, 1818. He was educated in the schools of his native state, and in 1838 came west. For several years he was engaged in teaching in Kentucky; West Virginia and. Washington County, Ohio. Devoting himself to the study of law in his spare time he gained admission to the bar in 1843, and began the practice of his profession in Morgan County. He had a clear analytical mind, and was a cogent reasoner and an able lawyer. In 1853 he removed to Marietta, where he practiced law until the outbreak of the rebellion. He was one of the organizers of the 36th Regiment 0. V. I., and served as lieutenant-colonel of that organization until killed by a shot from a ten-pound shell at the battle of Antietam September 17, 1862. He was buried at Marietta with military honors, and a monument was erected to his memory by his comrades in arms and by his associates at the bar. Col. Clarke was twice married, first to Miss Dorcas Dana of Newport, and second to Miss Sophia Browning of Belpre, Ohio. By his first marriage he had one son, Joseph D. Clarke, who was killed in the war at City Point, Va., in 1864. 258 - HISTORY OF MORGAN COUNTY, OHIO. HON. ISAAC PARRISH was a member of the Morgan County bar for several years, and represented this district in congress. He was admitted to the bar prior to 1840, and located in Guernsey County, where he was an unsuccessful candidate for congressional honors ; but after moving to Morgan County he sought and obtained a nomination ; was elected, and served in the congress of 1845-7. He was a democrat—a man of considerable ability-but his arguments were always conspicuous for that fault known to rhetoricians as "arguing in a circle." He embarked in the milling business at Sharon, then in Morgan County, and while there originated a project known as the Sharon Railroad, which a few years later was merged into the famous " Calico " line. After the failure of his visionary enterprise he was one of the chief projectors and organizers of Noble County. He moved west, and engaged in law business at Guthrie Center, Iowa, where he was drowned by the upsetting of a boat. HON. DANIEL B. LINN, now a resident of Zanesville, passed his early life and began his professional career in Morgan County. He was born in Muskingum County, in 1819, and in 1820 moved to Center Township, Morgan County. His father, Joseph C. Linn, was a man of prominence in that township ; held the office of justice of the peace, and was an associate judge of the county. The subject of this notice was educated at Granville and Marietta Colleges, graduating from the latter institution after a six years' course in 1840. He then taught in an academy at Belpre, meantime studying medicine, and afterward civil engineering. He next began the study of law, and in 1840 was admitted to the bar at Bucyrus. He began practice in McConnelsville in the office of Judge Hanna, and was afterward associated with him in practice for two years. In 1848 he edited the Morgan County Chronicle, and in 1854 established the Enquirer, a democratic newspaper, which he edited until 1849, at the same time carrying on his law business and taking an active part in politics. In 1860 he removed to Zanesville. Since leaving Morgan County Mr. Linn has devoted himself to the practice of law"and to railroad matters. In 1866-7 and 1868-9 he represented Muskingum and Perry Counties in the State senate, and in 1870-1 represented the same district on the State board of equalization. HON. CYDNOR B. TOMPKINS was a native of Belmont County. With his father's family he came to Morgan County at an early day. He was a graduate of the Ohio University and read law with George James at Zanesville, after which he opened an office in McConnelsville. He was subsequently elected prosecuting attorney, and was a member of Congress from 1857 to 1861. Possessed of a tenacious memory, he seldom if ever, forgot anything he read or that came under his observation. He was an able advocate, and eloquent speaker, of ardent temperament, a warm, personal friend and genial companion. He died in McConnelsville July 22,1862. HON. FREDERICK W. WOOD, ex-judge of the eighth district, was for many years one of the prominent lawyers of the Morgan County bar. He passed his early life in Manchester township, this county, where his father, Frederick Wood, settled in 1832. Judge Wood was educated at Marietta and Granville. He studied law in MeConnels- 259 - THE BENCH AND BAR. ville under W. T. Bascom, and also attended the Cincinnati law sch00l. In 1847 he was admitted to the bar and settled at McConnelsville, where he practiced until his removal to Columbus in 1876. . He served as captain in the 86th Regiment O. V. I. in 1862, and was a member of the legislature of 1863-4. In 1864 he was a presidential. elector, and in 1868 a delegate to the Chicago convention. He was elected judge in 1869 and served upon the bench five years. ROYAL T. SPRAGUE came to McConnelsville from Muskingum County along in the forties," and remained three or four years, practicing in partnership with C. C. Covey. He was a man of excellent ability. In 1849 he went to California and he has since served as chief justice of that state. DAVID B. SHIVEL, a native of McConnelsville, was county recorder in 1852-55. He afterward studied law and was admitted to the bar, but practiced very little. He became a teacher and did while following that profession. JOSEPH GASTON, now a successful lawyer of Portland, Oregon, was reared and educated in Morgan County. He read law and about 1860 located in McConnelsville for a short time. He then went to the Pacific slope, where he has become prominent as a railroad man and lawyer. R. D. HOPPER studied law in the office of Hon. C. B. Tompkins, and practiced in McConnelsville for ten or twelve years. He went to St. Louis some time during the war ; returned to this state and died. WILLIAM W. PYLE, a native of Morgan County, and for several years a compositor in the Herald office, was admitted to the bar in September, 1865. He never had much practice here. For a time he was local editor of the Herald. He now resides in Zanesville. GENERAL FRANCIS BATES POND was born at Ellisburg, Jefferson County, New York, August 19,1825, and died at Malta, Morgan County, O., November 2, 1883. He was the eldest in the family of Rev. Charles B. and Abbey (Russell Bates) Pond, which consisted of eight children. His family was of English extraction, and their record can be traced back to Samuel Pond, " Gentleman," in the year 1642. That he came of loyal, patriotic stock, is evidenced in the fact that his grandfather, Major Barnabas Pond, served with distinction under General Lafayette in the war of the revolution, while Admiral Foote was a lineal descendant of one of his ancestors. The boyhood of General Pond was spent at his father's home, or at work upon neighboring farms until he attained his sixteenth year. At this time he experienced his first great sorrow— the death of his mother—a lady of rare excellence of character, and whose influence contributed largely to the success that crOWned his efforts in after life. Shortly after the death of his mother, which occurred in July, 1841, he entered Oberlin College in this State. He soon evidenced the possession of those qualities that subsequently made everyone who came in contact with him his friend. He was possessed of a remarkably retentive memory, which in a degree lessened his scholastic labors. His college life was filled with deprivations and struggles. He was without means, and he literally worked his way through the five years' course. One of the salient points of his character then, as in after years, was his 260 - HISTORY OF MORGAN COUNTY, OHIO. thorough appreciation of the humorous. Life to him always had a bright side, and he loved to look upon it. This element in his character enabled him to pass, through ordeals which would have disheartened many young men of his age. He graduated with honors in the clasS of 1846, and spent the succeeding three years at Kent, 0. One year was occupied in teaching and two as bookkeeper for the firm of Charles and Marvin Kent of that place. In the spring of 1850 he came to Harmar, 0., and was employed as a teacher of the classics in the Harmar Academy, taught by his uncle, Henry Bates. During his senior year at college the question as to which profession he should adopt as his life's vocation—law or theology—agitated his mind His father, a Congregational clergyman, and a gentleman of marked ability as a minister, was quite desirous that he should choose the former. To make the choice involved a severe struggle extending through a period of three years. He finally became convinced, however, that he was not called to the ministry, and wrote his father that he had decided to become a lawyer. These years of indecision he regarded as the most unprofitable of his life. In 1849 he commenced the study of the law in an office at Cleveland, Ohio, and subsequently studied in the office of Darwin E. Gardiner, of Marietta, Ohio. At the solicitation of Hon. Henry Dowes he came to Malta November 2, 1850, and during the winter, and succeeding one was engaged in teaching, at the same time pursuing his legal studies in the office of Colonel Melvin Clarke. March 10, 1852, he was admitted to the bar, and immediately entered upon the active practice of his profession. In 1855 he was elected prosecuting attorney and served two terms with credit and distinction ; during this time he was engaged in the trial of a number of important cases that gave him more than a local reputation as a rising lawyer. In April, 1861, he enlisted as a private in what was subsequently known as Company H of the 17th 0. V. I.. and was unanimously elected its captain, and upon the organization of the regiment was made its lieutenant colonel and served in that capacity under General Rosecrans in an active campaign in West Virginia. In October, 1861, he was commissioned lieutenant colonel with L. P. Marsh as colonel to recruit the 62d regiment. Colonel Marsh resigned in January, 1862, and General Pond was promoted to the colonelcy and ordered to the front. He served under Generals Lander and Shields in the campaign of 1862 in the Shenandoah Valley. From the 1st of July, 1862, he served with General McClellan on the peninsula where his command remained until the General fell back to Hampdon, and thence to Suffolk under Generals Mansfield and Peck In January, 1863, he moved with his regiment to Newbern, N. C., and thence by ocean transports to Port Royal harbor. He led the advance in the capture of Folly Island, participated in the attack on Morris Island, where his command was terribly cut to pieces. In the winter of 1863-4 his regiment veteranized, and after a furlough of one month he returned to the front and waS assigned to the command of General Butler, and during the campaign of 1864 he commanded the 1st_ Brigade 1st Division 10th Army Corps. The campaign was a severe PICTURE F. B . PONDS THE BENCH AND BAR - 261 one, and from 2,400 strong in the spring his command was reduced to 1,100 in November, nearly all killed and wounded. He had one horse shot from under him, and was, as it was thought at the time, slightly wounded in the temple. In December, 1864, he resigned his commission on account of ill health and returned to his home. He was made brigadier general by brevet in 1864. After his return to McConnelsville the General again entered upon the practice of the law, and in 1867 was elected a member of the house of representatives of Ohio. At the expiration of his term he was elected attorney general of the State (1870) and served two terms. He was a member of the constitutional convention of 1873. His official life closed with his second term in the State senate in 1883. While a member of that body he introduced and secured the passage of the law known as the "Pond Bill," an act to "more effectually provide against the evils resulting from the traffic in intoxicating liquors," and which proposed taxation, as a practical and restrictive policy, under the peculiar provisions of the State constitution relating to the traffic in intoxicating liquors. Throughout his entire legislative career his ability as a lawyer was recognized, and while a member of the senate he was chair. man of the judiciary committee. His views upon all questions were sound and comprehensive, and he was regarded as a discreet and prudent legislator, a safe counsellor, an efficient executive officer and a faithful guardian of every trust committed to his hands. In his political affiliation he was a republican. In religious belief he was through life an adherent of the early teachings of his father ; and the corner stone of his creed was, To do good to his fellowmen. General Pond was first married to Miss Eliza A., daughter of George L. Corner, Esq., of Malta, in 1854. She died January 13, 1866. May 21, 1867, he married Miss Emma, a sister of his first wife. She died March 18, 1870. In 1876 he was married to Miss Janet, daughter of Andrew Alexander, of Washington County, Pa. By the first marriage there were two children, Mary Blanche, now Mrs. W. F. Smith, of Barnesville, Ohio, and George Charles, now residing at St. Paul, Minn. By the second; a son, Francis Newell, who died in infancy. At the close of his legislative services, General Pond returned to his home, but it was only for the purpose of battling as a gallant soldier with the " Grim Destroyer." The wound in the right temple, which was received in an engagement at Deep Run, Va., August 16, 1864, developed into a malignant cancer, which terminated his life after nineteen years of suffering, which he endured without a murmur. The character of General Pond seemed to be a strange mingling of mainly sternness and womanly tenderness. Kind and gentle almost to a fault, yet he was possessed of iron nerve and an invincible will. In his life and aims he was more the philanthropist than the philosopher. In social life he was noted for his hospitality and genial affability. He possessed in a rare degree that quality of bearing and manner, united with a comeliness of person and a fine presence, which not only impressed the stranger, but endeared him to all who enjoyed his society, and nowhere was his death more regretted than in Morgan County. 262 - HISTORY OF MORGAN COUNTY, OHIO. HENRY MOORE DAVIS, for many years a member of the bar of Ohio, died at his home in Malta Township, September 20, 1882, aged 91 years. He was born near. Hagerstown, Md., December 7, 1791. In the year 1802 he moved with his parents to the vicinity of East Rushville, Fairfield County, O. In February, 1821, he married, Elizabeth Ruth, of Knox County, 0., who died March 24, 1877. They reared eight children —one daughter and seven sons ; all still living save two sons. In the war of 1812 Mr. Davis joined Captain Adam Binckley's company in a Kentucky regiment and served under General Harrison in his memorable campaigns. From 1836 to 184-2 he edited and published a paper called the Democrat and Advertiser at Somerset, Perry County, 0. He began the study of law under John B. Orton at Somerset in 1842, and waS admitted to the bar in 1844• Mr. DaviS resided in Perry County until 1851, when he removed to Morgan County, where he resided until his death. He was a man of moral habits and strict integrity. He joined the Methodist Church when young, and remained a consistent Christian as long as he lived. He joined the Masonic order at Lancaster in 1826, and was among the oldest Masons in Ohio. CAUTIUS C. COVEY was another lawyer who came to McConnelsville in 1840, and was prosecuting attorney in 1844-47. He removed to Marietta, and while living there was a candidate for State senator for the district composed of Washington and Morgan Counties. His opponent, Edwin Corner, of Morgan County, was declared elected, but on the election being contested by Covey, the seat was given to the latter. In November, 1852, while on his way to Columbus, he was killed by a boiler explosion on the steamer "Buckeye Belle," near Beverly. Mr. Covey was an able man. HON. E. M. STANBERY is a leading member of the bar, and the most prominent and best known business man of Morgan County. His history, therefore, is an essential part of the history of the county, though Mr. Stanbery very reluctantly yielded his consent to the appearance in this chapter of a personal mention of himself. Elias Millen Stanbery, son of Jacob W. and Eliza (Jones) Stanbery, was born on the farm now owned by David Frash, one mile north of Triadelphia, in Deerfield Township, Morgan County, April 20, 1833. He received his early education in the primitive log school houses of pioneer days, with their slab benches, high writing desks and other uncomfortable appointments. He was a quick and diligent pupil, and, as many of his old schoolmates remember, a leader in boyish sports. In the summer of 1853 he attended the high School at McConnelsville, then under the superintendency of Daniel T. Johnson ; and in the following fall and winter taught school at Big Bottom and Locust Grove. In the Spring of 1854 our subject en tered the Ohio University at Athens, where he took an exceptionally high rank in his studies, and graduated with the degree of A. B. in 1857. He attended the Cincinnati Law School the following winter and graduated from that institution with the degree of LL.B. in 1858. The next year was spent in Kansas, Iowa and Nebraska, but becoming convinced that the West at that time had more than a Sufficient number of lawyers, he returned to his native county and in October, 1859, THE BENCH AND BAR - 263 opened a law office in McConnelsville, where he has since resided. He entered upon his professional career with the industry and earnestness which have been characteristic of all of his undertakings, and soon rose to prominence He made it a rule to refuse all cases that he believed to be without merit ; but when he accepted employment, he gave his best skill and most earnest efforts to the cause of his client and was usually successful. From 1862 his law practice was large and profitable, and aside from this he dealt in real estate, and the loaning of money. In 1875 he came into possession, and later became sole owner of the McConnel mill, and since that, time he has given most of his time to his large business interests, having retired (but not wholly) from the practice of law. To the management of his business Mr. Stanbery brought the same industry and perseverance with which he had entered upon the practice of the law ; and his business enterprise and good judgment have rendered him abundantly successful. The records of Morgan County show that he has owned and conveyed more real estate and now pays more taxes than any other person now or heretofore living in the county. He takes a commendable interest in all that tends to advance the best interests of the town and county; and every worthy public enterprise finds in him an earnest advocate and a warm supporter. He gave his assistance and support to the founding of the First National Bank in McConnelsville, to the erection of the bridge across the river at that place, and to the establishing and upbuilding of the Brown-Manly Plow Company of Malta. For fifteen years he has worked zeal ously to secure a railroad through the county and to the county seat, and has spent much time and money with that object in view. After subscribing to no less than ten different railroad projects, it gives the writer pleasure to note that the final success of the efforts of Mr. Stanbery, and those of other public-spirited citizens, now seems near at hand. In 1883 and 1884 Mr. Stanbery erected in McConnelsville a dwelling house and a business block, that if not destroyed, will attest his energy, enterprise and public spirit long after he has passed from off the stage of life forever. Mr. Stanbery is a republican and takes a deep interest both in -local and national politics. He has also been honored with some offices, in which he discharged his duties most satisfactorily to the people who gave him their votes, and to citizens generally, even though they might differ with him in politics. In 1862 he was elected prosecuting attorney; reelected in 1864 and 1866. He performed the duties of his position without fear or favor. In 1880 he was elected to represent his district in the State board of equalization. In 1881 he was elected representative from Morgan County to the 65th General Assembly, and by reelection served in the 66th Assembly. He distinguished himself as one of the " working members " of the legislature and was identified with several prominent measures. During his membership of the assembly, large appropriations were secured for the repair and improvement of the Muskingum River. He supported amendments to the general appropriation bills for the distribution of fish in the inland waters of the State; and was among the foremost of those favoring 264 - HISTORY OF MORGAN COUNTY, OHIO. appropriations for the extension and improvement of the Ohio and the Ohio State Universities, and all State benevolent institutions. In general, his representation was useful to the State and county, and honorable to himself. He secured the passage of a road law, applicable to Morgan County, for the purpose of building up an improved system of roads. Though he knew at the time that the measure would probably prove unpopular at first, he acted upon the principle that it is better to be right than to hold office, following the dictates of his judgment, and willing to submit the decision of the matter to time and experiment. Through life he has been generous with hiS friends and charitable toward the worthy poor. He has never refused aid to the distressed, if he believed them worthy. He has taken pleasure in assisting deserving young men to start in business, and in helping those who have been unfortunate, if he believed that their misfortunes were without their own fault. Mr. Stanbery was married February 28, 1861, to Miss Kate M. Miller. Of this union two children have been born Lizzie and Lelia. VIRTULON RICH, a native of Vermont, came to McConnelsville about 1838. He was a lawyer of common ability, and never had a large practice. He Served as justice of the peace one or two terms. He left McConnelsville in 1857, and now resides near Detroit, Mich. HENRY R. HUGHES, a native of Malta, read law with Melvin Clarke, and practiced in Malta and McConnelsville a few years, beginning in 1856. During the war he removed to Perry County. NEWELL CORNER, probate judge, is a descendant of one of the pioneer families of Morgan County, within the present limits of which his father, George L. Corner, was born in 1797. The subject of this notice was born in Malta, March 2, 1841. He was educated in the schools of this county, and After attending Delaware College for a short time began the study of law in the office of Wood & Pond. He was admitted to the bar in September, 1867, and began practice in Malta ; afterward he was a partner in the firm of Pond, Corner & Foulke, and next of the firm of Pond & Corner until 1876. He was then elected probate judge, and is now serving his fourth term in that position. No other evidence is necessary to show the popularity and esteem in which Judge Corner is held by the citizens of the county. But few men of his age have been more closely identified with the affairs of the county or have watched its development with greater interest. Every enterprise devoted to its advancement finds in Judge Corner a warm friend and an able advocate. In his religious and political affiliations he is a Methodist and a republican. HON. THOMAS W. TIPTON, one of the first United States senators from the State of Nebraska, was a McConnelsville lawyer for about three years, commencing some time during the war. He was the son of a Methodist preacher, Rev. William Tipton, and was admitted to the bar in Guernsey County. He was somewhat noted as a temperance lecturer. From this county he went to Nebraska, where he soon rose to prominence as a lawyer and politician. HON. LEMEN FOUTS, ex-probate judge, died at his home in McConnelsville, PICTURE OF E. M. STANBERY 265 - THE BENCH AND BAR. June 25, 1876. He was born in Brooks County, Va., December 11, 1800, and in 1815 came to Morgan County, Settling with his parents on Meigs Creek, a mile from any neighbor. Here he endured the hardships of pioneer life until 1824. In that year he married Elizabeth Jennings, of Marietta, and came to McConnelsville to live. He worked at the carpenter's trade, and with the exception of a few years at the home of his only son, Rev. J. W. Fouts, in Beverly, resided in the town until his death. He was elected probate judge in 1854, and filled that office to the entire satisfaction of the public for six years. He was a member of the Methodist Church for fifty-four years, and was prominent in church matter. He was a good man, a worthy citizen, and always on the right side of every moral question. HENRY M. DAWES, a man of excellent ability, though never an attorney in Morgan County, was, nevertheless, one of the many promising men the county has produced. He was born in Malta in 1832, and was the son of the late Henry Dawes, an influential citizen. He was educated at Marietta College, and after his admission to the bar practiced in Washington County until his decease in 1860. He was possessed of a strong mind, was a good reasoner, and, had he lived, no doubt his. talents Would have won for him distinction and honor. BARCLAY & BERRY was the name of a law firm in McConnelsville about 1862-63. Charles R. Barclay had practiced at Beverly for six or seven years, and had Served as prosecuting attorney of Washington County. James L. Berry was admitted to the bar in Morgan County. He was mayor of McConnelsville in 1863. Soon after the two went west and Barclay settled in Missouri. JOSEPH ARTHUR KELLY, a son of the late Joseph Kelly, of McConnelsville, was born about 1843, and was educated at the Harvard Law School. He was admitted to the bar of Morgan County in September, 1865, but practiced law but little, as he engaged in newspaper work soon after his admission to the bar and followed that business chiefly during his stay in McConnelsville. In 1873 he removed to Savannah, Mo., where he edited a democratic paper several years. From Savannah he went to St. Louis, where he is now connected with the St. Louis Republican. W. T. BASCOM came from Vermont. He was a cousin of V. Rich and practiced law in partnership with him. He was afterward in Columbus and there edited the Ohio State Journal several years. He moved to Mount Vernon, Ohio, and died there a few years ago. WM. J. RAMSEY, a native of Washington, Pa., and a graduate of the college at that place, came to McConnelsville between 1835 and 1840. He was a young man of good ability, and served as prosecuting attorney in 184144. He died in McConnelsville in October, 1844. HENRY S. ROBERTSON, son of Dr. Charles Robertson, was a native of Barnesville, Belmont County, Ohio, born June 2, 1824, and came to McConnelsville when about two years of age. His education was in the primitive semi-occasional schools of the early days of the town—with the exception of one year at the McConnelsville Academy. He read law with J. E. Hanna and was in partnership with him for several years ; waS prosecuting attorney and prominent as a politician, 266 - HISTORY OF MORGAN COUNTY, OHIO. member of and chairman of the whig central committee, and writer for the Herald during the years 1846-47-48. He was also an earnest advocate of the temperance question. He died after a lingering illness March 30, 1856. JAMES A. ADAIR is a member of the bar, and as such is mentioned here although he has never practiced his profession. He was born in Adams County, Pa., March 25, 1814, and passed his early life in that county, being for a time a teacher in the town of Gettysburg. In 1836 he went to Virginia and taught two years in London and Jefferson Counties. He was married in Jefferson County, and moved thence to Muskingum County, Ohio, where he remained about five years, during which he taught in Zanesville three years. He studied law under Franklin Gale and was admitted to the bar at Wooster in the fall of 1843. In January, 1844, he came to McConnelsville, where for twenty yearS he edited and published the McConnelsville Herald. During this time he served four years as county auditor. He has been mayor of McConnelsville and served in other local offices. For some years he has been engaged in the pension business. Three of his sons —John S., Henry H. (deceased) and Addison A.—were in the service in the late war. A. W. STEWART was born in Belmont County, Ohio, January 24, 1831. He received a common school education and read law under Tompkins & Hopper. November 14, 1861, he enlisted in Company E, 78th 0. V. I., and directly after the regiment reached camp was made orderly Sergeant of the company. In February, 1863, he was made second lieutenant, and by the death of the commanding officer of Company K in the battle of Champion Hills was given command of that company, which he retained until the reorganization of the regiment. After this time he was placed on the staff of General Leggett and participated in all the battles in which the 17th Army Corps was engaged. In March, 1865, he was promoted to first lieutenant. After the close of the war he returned to his home and shortly after resumed his law studies with Evans & Jones, and in 1872 was admitted to practice and established himself in his profession in McConnelsville. Mr. Stewart was married in 1857 to Sarah E. Metcalf. She died in 1876, having borne five children, of whom four are living. JESSE A. IVERS was born in Athens County, Ohio, January 5, 1851. He was educated in the common and graded schools of his native county, and for ten years followed teaching. He read law under Stanbery & Wood, of McConnelsville, and was admitted to the bar in September, 1877, and has Since practiced his profession very successfully. He was elected prosecuting attorney in 1878, and held that office one term. From the spring of 1878. to June, 1879, he was a member of the firm of Henderson & Ivers ; in July of the same year he formed a partnership with W. B. Crew, the firm being Crew & Ivers, which lasted until January, 1885. He is at present a member of the law firm of Ball & Ivers, Hon. W. H. Ball, of Muskingum County, being his partner. Mr. Ivers is a democrat and takeS an active part in politics. From 1879 to 1884, incluSive, he was chairman of the county central committee, and in 1884 and 1885 member of the State central committee from the congressional district in which Mor- THE BENCH AND BAR - 267 gan County is included. He was married in 1877 to Malvina McDonald, of Athens County. WILLIAM B. CREW, a prominent lawyer of the Morgan County bar, is a son of Fleming Crew, of Chester Hill, Morgan County, and was born at that village April 1, 1852. He received his collegiate education at a Friends' boarding school at Westtown, near Philadelphia. He read law in the office of Hon. M. M.Granger, of Zanesville, and in 1873 was admitted to the bar of the supreme court at Columbus, and in the following year was admitted to practice in the United States courts. He then went to Cleveland, where for two years he filled the chair of elementary law in the Cleveland Law College. He then returned to Morgan County and began practice in McConnelsville. Soon after he was elected prosecuting attorney, and held the office one term. From July, 1879, to January, 1885, he was associated in his practice with J. A. Ivers. Mr. Crew is a republican and takes an active part in political campaigns. In 1876 he married Lizzie P. Worrall, of Morgan County. They have two children. As a lawyer Mr. Crew is thoroughly posted, and though young his talents have already secured for him a leading place at the bar. JOSHUA T. CREW, son of Thomas and Ann (Andrews) Crew, was born at Chester Hill, Morgan County, October 5, 1844. He read law in the office of Hon. M. D. Follett, at Marietta, was admitted to the bar in 1868, and commenced practice at Marietta in partnership with Mr. Follett. In 1869 he removed to McConnelsville, and in 1876 to Zanesville. EUGENE J. BROWN was born in Belmont County, Ohio, October 4, 1849, but came to Morgan County with his parents when a child. He was educated at the University of Michigan and at the Columbia Law School, Washington city, graduating from the last named institution in 1872. He began the practice of law in Zanesville, whence he removed to McConnelsville in 1876. He has held the office of mayor of the village, is a republican and takes an active part in politics. BENJAMIN F. POWER, now of Zanesville, is a native of this county, where he was educated and admitted to the bar. He went into the army, and after the close of the war practiced a short time in McConnelsville. He moved to Muskingum County, where he is now (1885) serving his second term as prosecuting attorney. CHARLES A. BAIRD, a native of Perry County, now a resident of Zanesville, read law in McConnelsville under Colonel Pond ; went to California, returned and practiced in Morgan County a few years. He is regarded as a good lawyer. HIRAM L. JONES, son of James K. and Mary Jones, was born in Deerfield Township, Morgan County, May 2, 1845. He was educated at home until sixteen years of age, when he entered the Ohio University at Athens, where he remained three years. He next entered the law department of Yale College, Connecticut, where he graduated in June, 1866, at the age of twenty-one years and two months. In September of the same year he was admitted to the bar of Ohio in McConnelsville, where he entered upon the practice of law. April 2, 1868, he was married to Miss Nelia E. Woodruff, daughter of Dr. Curtis and Mary A. Woodruff, of Morgan County. Two daughters, 268 - HISTORY OF MORGAN COUNTY, OHIO. Georgia and Mabel, were born of this union. He was elected prosecuting attorney in 1868, and held the office one term. In November, 1874, Mr. Jones removed to Columbus, Ohio, where he resided until his death, July 9, 1882. THOMAS McDERMOTT, now of the law firm of Hollingsworth & McDermott, Zanesville, was born in Morgan County, read law under Colonel Pond, and attended the Cincinnati Law School. After a few months' practice in McConnelsville he removed to Muskingum County, where he is now successfully engaged in practice. FRANK F: METCALF, an able young lawyer, was born in Morgan County in the year 1854. He was educated in the schools of McConnelsville, and read law under William Foulke ; was admitted to the bar, and from 1877 to 1885 waS a member of the firm of Stewart & Metcalf. For five years he held the position of prosecuting attorney. He is at this time practicing hiS profession in McConnelsville in company with Geo. W. Berry, under the firm name of Metcalf & Berry. G. W. BERRY was born in Athens County, Ohio, August 27, 1852, and came to Morgan County with his parents when a child. He passed his boyhood on a farm, and taught school several years. He read law under Pond & Foulke ; was admitted to the bar in the fall of 1879, and has since practiced in the courts of Morgan County. He waS in partnership with A. W. Stewart for a time, and from April, 1882, a member of the law firm of McElhiney & Berry. He is at present associated with F. F. Metcalf under the firm name of Metcalf & Berry. JESSE R. FOULKE was born in Pennsville, Morgan County, in 1838. He studied law with Judge F. W. Wood, and in September, 1867, was admitted to the bar. He practiced his profession in Morgan County until October, 1871, when he became proprietor of the Herald which he edited and published until the spring of 1886, when he removed to St. Paul, Minn. Mr. Foulke was married in 1871 to Anna Brownell, daughter of Charles Brownell, and is the father of two children-Ethel and Mabel. WILLIAM FOULKE was born in Penn Township, Morgan County, January 1, 1843. He read law with Judge Wood and was admitted to the bar at the same time with his brother above mentioned. In 1869 he removed to Malta and became a member of the law firm of Pond, Corner & Foulke. In 1872 he was elected prosecuting attorney. This office he held two terms, and during this period was in partnership with Hon. M. M. Granger. Afterward he was partner in the firm of Pond & Foulke, which relation existed until June, 1883. Mr. Foulke then moved to St. Paul, Minn., where he became the partner of W. C. Sprague. He was married in 1865 to Margaret J. Dewees, daughter of Airon P. Dewees, of Pennsville. From this union were born three children—Walter, deceased, and Edith and Elsie, living. JAMES W. MCELHINEY was born at Rokeby, in Bloom township, Morgan County, October 9, 1848, and educated in this county. He was reared on a farm and for several years followed teaching. He read law with Henderson & Ivers and Crew & Ivers, and was admitted to the bar in April, 1881, and has sinee practiced in McConnelsville. He was elected mayor of the village in THE BENCH AND BAR - 269 1883, and still holds that office. In politics he is a democrat. He was married in 1882 to Martha E. Weber, of this county. MARION E. DANFORD was born in Homer Township, Morgan County, Ohio, February 10, 1859. He received an academic education and for five years was engaged in teaching. Having decided to make the law his profession he began its study with the Hon. Emmet Tompkins, and later under the supervision of James C. Headley, Esq., of the Athens bar. In 1882 he entered the senior class of the Cincinnati Law School, from which institution he graduated with honor in January, 1883. Soon after his graduation he commenced the practice, and in 1883 formed a copartnership with his former preceptor, James C. Headley. Locating in Me- Connelsville he found it impracticable to continue this relation, and the copartnership was dissolved by mutual consent. In 1885 he received the nomination for prosecuting attorney from the republican convention, and was elected by a handsome majority. He seems destined to make his mark in his profession. THOMAS J. WILLIAMS was a Quaker and farmer, who lived in Chesterfield. He was nominally a member of the bar, but had little legal business. He represented Morgan County in the legislature in 1866-68 ; afterward went west and died in Oregon in 1885. FRED W. MOORE was a young lawyer who practiced in McConnelsville a short time, about 1872. He removed to Caldwell, where he died. WILLIAM ISAAC HENDERSON, son of Captain George J. Henderson, was born in Bristol Township, November 12, 1853. He was reared on a farm and attended the common schools, and for a short time was a student at Lebanon, Ohio. He taught schools, several terms. He read law in the office of Pond & Foulke, and was admitted to the bar September 7, 1877, at Cadiz, Ohio, and began practice in McConnelsville, first alone and afterward in partnership with Jesse A. Ivers. He began with good prospects, but in January, 1879, was compelled to give up business on account of failing health, and returning to his home he died October 29, 1879. He was an estimable young man, of agreeable social qualities. R. W. P. MUSE was a young lawyer of moderate ability who came to McConnnelsville about 1846, and practiced in the county about ten years; During this period he was prosecuting attorney for one term. He then removed to Zanesville, where he was afterward elected probate judge. Ile was in the West at last accounts. JOHN S. TORBERT, now a farmer in Union Township, studied law, and was admitted to the bar in Morgan County about 1879. After practicing a short time in partnership with Judge Hanna he removed to a farm in Windsor Township whence he recently moved to Union. JOHN ARTHUR was one of the early lawyers of the county. He came to McConnelsville about 1830, and remained a few years. He became a Presbyterian preacher. CHARLES T. GRUBB, from the State of Delaware, came about the same time with Arthur, and soon removed, in search of a more promising field. Legal business at that time was very light. Louis J. WEBER, son of Theobald Weber, was born in Bloom Township, Morgan County, November 18, 1857. 270 - HISTORY OF MORGAN COUNTY, OHIO. He was educated in the county, taught school, and in 1882 began: the study of law under Crew & Ivers. In October, 1884, he was admitted to the senior class of the Law School of the Cincinnati College, and graduating May 27, 1885, was admitted to the bar on the following day. E. M. KENNEDY was born in Morgan County October 25, 1847. Studied law under Evans & Jones, and was admitted to the bar in 1869. In 1875 he was elected prosecuting attorney and served one term. Mr. Kennedy is a democrat and takes an active part in politics. He is a graceful and forcible writer and a frequent contributor to the local press. J. W. ROGERS, one of the young attorneys of Morgan County, was born in Malta October 2, 1852. He was educated in the public schools, graduated from the Law Department of the Cincinnati College in the class of 1883-84, and was admitted to the bar of Ohio by the supreme court in May, 1884. CURTIS V. HARRIS, the youngest member of the Morgan County bar, Was born in Penn Township in 1864. Studied law with McElhiney & Berry, and was admitted to practice February 2, 1886.