328 - HISTORY OF PORTAGE COUNTY

CHAPTER X.

(RETURN TO THE TITLE PAGE)

THE JUDICIARY-ORGANIZATION OF THE COURT OF COMMON PLEAS IN OHIO, AND 1TS SUBSEQUENT CHANGES-PIONEER COURTS OF PORTAGE COUNTY-SESSIONS OF 1808-09, AND THE JURIES AND TRIALS OF THOSE TWO YEARS-ANECDOTES OF PIONEER JUSTICE IN THIS COUNTY-COMMON PLEAS JUDGES-ASSOCIATE JUDGES-PROSECUTING ATTORNEYS-RIDING THE CIRCUIT-PIONEER RESIDENT AND VISITING LAWYERS-BRIEF SKETCHES OF LEADING MEMBERS OF THE BENCH AND BAR-PRESENT BAR OF PORTAGE COUNTY-THE PORTAGE COUNTY MEDICAL ASSOCIATION.

As people often fail to agree respecting their rights and duties, and as they sometimes violate their agreements, and even disobey those rules and regulations prescribed for their conduct, it is necessary that tribunals should be provided to administer justice, to determine and declare the rights of disagreeing parties, to investigate and decide whether the laws are observed or violated, and to pronounce judgment according to law and the just deserts of the citizen. These determinations are called judicial. Upon the organization of the Northwest Territory, courts were established and laws promulgated for its proper government. The Court of Common Pleas was the first to take shape, being established by the Governor and Judges at Marietta, August 23, 1788. This Court was first composed of not less than three and not more than five Justices, appointed by the Governor in each county, and known as the "County Court of Common Pleas," but in 1790 the number of Justices was increased to not less than three and not more than seven in each county, and the regular sessions were, by the same act, increased from two to four annually. When Ohio was admitted into the Union, its judiciary was re-organized. The State was divided into circuits, for each of which a Judge, who had to be a lawyer in good standing, was elected by the General Assembly, whose term of office was seven years. Three Associate Judges were chosen in each county by the same body, and for the same length of service, and were usually farmers or intelligent business men. The President Judge with the Associates composed the Court of Common Pleas of each county, and thus this Court remained until the re-organization of the judiciary under the Constitution of 1851. That instrument provided for the division of the State into judicial districts, and each district into subdivisions. It abolished the office of Associate Judge, and directed that in each sub-division one. Judge of the Court of Common Pleas, who had to be a resident thereof, should be elected by its qualified electors. The official term was fixed at five years, and the Legislature reserved the power to increase the number of Judges in each subdivision whenever such became necessary.

Prior to the erection of Portage County, all of its judicial business, excepting that transacted by its Justices of the Peace, was done at Warren, the county seat of Trumbull County. The first session of the Court of Common Pleas in this county left the following record of its preliminary proceedings:

"State of Ohio, County of Portage, Tuesday, August 23, 1808. This being the day appointed by law for the sitting of the Court of Common Pleas for said county, the Court opened, present Calvin Pease, Esq., President, and William Wetmore, Aaron Norton and Amzi Atwater, Esqs., Associate Judges.

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'' The report of Robert Simison, Samuel Hunter and Rezin Beall, Commissioners appointed to fix the seat of justice for the County of Portage, was made to the Court, which being read was ordered to be recorded.

"Ordered that the Court adjourn till 2 o'clock in the afternoon to meet at the house of Robert Eaton.

" Tuesday, 2 o'clock, afternoon, the Court opened pursuant to adjournment, present, the same judges as in the morning.

"The grand jury being called, came to-wit: Ebenezer Pease, Samuel Bishop, David Hudson, Robert Bissel, Moses Thompson, Stephen Baldwin, Samuel Andrus, Jacob Reed, John Campbell, Wiley Hamilton, Ethelbert Baker, Alfred Wolcott, John Hutton, Jeremiah Root and David Abbott. The Court appointed David Hudson, Esq., foreman of the grand jury, and the jury being sworn and affirmed, were charged by the Court and sent out."

The act erecting the county designated the house of Benjamin Tappan as the place for holding the courts until a seat of justice should be selected; but tradition says that when the Court met at the appointed place on Tuesday morning, August 23, 1808, Tappan's residence was a smoldering ruin, having been burned to the ground the previous night, and that the Court organized in the open air under the spreading branches of a large tree. The writer cannot vouch for the truth or falsity of this pioneer tradition, but it is, however, a fact, that after organizing and accepting the report of the Commissioners appointed by the Legislature to select the site for the county seat, the Court adjourned to meet at Robert Eaton's house in the afternoon of the same day. This building, which is yet standing in a good state of preservation, is now (January, 1885,) the residence of R. J. Thompson, Esq., and is located about two miles and a half southeast of Ravenna. It was utilized by the Common Pleas' and Commissioners' Courts until the completion of the first Court House in 1810, and is therefore very closely identified with the early history of the county.

The first case that came before the Court at this session was the petition in chancery of James Beatty vs. Benjamin Tappan and Benjamin Tappan, Jr., which was continued until the succeeding term. The second case was a petition for partition of Ezekiel Williams, Jr., and others vs. Timothy Burr and others, which was also continued to allow notice of said petition to be advertised in the Western Herald, of Steubenville, Ohio, and the American Mercury, of Hartford, Conn. The next business was the appointment of Joel Walter as administrator of the estate of Heman Lucas, deceased, of Hudson, with David Hudson, Owen Brown and Abraham Thompson, appraisers of said estate. The Court then appointed Asa D. Keyes Prosecuting Attorney, which position he filled until the close of 1808. John Cochrane and Amzi Atwater, administrators on the estate of Solomon Cochrane, were given authority to fulfill the terms of a contract previously entered into by the deceased, in the sale of fifty acres of land to James Nutt. By this time the evening of the first day was fast approaching, and, the whisky bottle having circulated pretty freely, some of the audience had grown boisterous. The Court thereupon decided to uphold its dignity, which the following official item attests:

STATE OF OHIO,

vs.

SAMUEL TAYLOR.

Summary proceeding for contempt.

This day came the said Samuel Taylor in custody of the Sheriff, and is set to the bar of the Court, to receive the sentence of the law for a contempt this day committed in open court. by disorderly and contemptuous behavior, of which the said Samuel is convicted on the personal view of the Court, whereupon it is considered by the Court that the said Samuel for the contempt aforesaid pay a fine of $5 into the treasury of the County of Portage, and the cost of prosecution, and stand committed until sentence is performed.

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The last business of the first day's proceedings was a case in debt of Zebina Wetherbee vs. John Haymaker and George Haymaker, which was continued till the next term, The Court then adjourned until the following morning, Wednesday, August 24, which was largely taken up with probate business and suits in debt, the latter being generally continued. The grand jury, however, appeared with two indictments against William Simcox, of Franklin Township, one for larceny and one for "breach of the Sabbath," after which it was discharged. The larceny case consisted of an accusation that Wilcox shot a tame deer, valued at $3, belonging to David Jennings, of Franklin Township, and took the carcass to his home. The following jury was impaneled and tried the case: Abraham Thompson, George W. Holcomb, Oliver Forward, William Skinner, William Kennedy, Jr., William Price, John Campbell, Frederick Canis, William Calhoon, John Whittlesey, Enos Davis and Ephraim B. Hub. bard. The accused pleaded not guilty, and though vigorously prosecuted by Prosecutor Keyes, he was so found by the jury, and discharged from custody. The second charge against Simcox was, that on the 15th of June, 1808, he "wickedly and maliciously interrupted, molested and disturbed the religious society of said Franklin Township, while meeting, assembled and returning from divine worship, by sporting and bunting game with guns and bounds." We would be apt to conclude upon reading this serious charge, that the defendant was what is now commonly known as a "bad man," but those were the days when any deviation from the Puritanical ideas of the majority of the first settlers, was looked upon as a heinous crime. Simcox pleaded guilty to the charge of Sabbath breaking, and was fined $1.50 and costs, the latter amounting to $5. This closed the first session of the Court of Common Pleas of Portage County.

On the 27th of December, 1808, the second session of the Court of Common Pleas opened, with William Wetmore, Aaron Norton and Amzi Atwater, Associate Judges, on the bench, and lasted three days. The grand jury called at this term was composed of the following pioneers: David Daniels, Ira Morse, David Jennings, Amos Lusk (foreman), Moses Pond, John Redding, Titus Wetmore, George Darrow, Sr., Nathan Moore, George Taylor, Enoch Judson, Caleb Wetmore, David Hudson, Jeremiah Root and Stephen Mason. It found but one indictment, viz.: Against John Boosinger, for assault, who acknowledged his guilt, and was fined $4 and costs, the whole coming to $9.21. The three days were principally taken up in probate business, cases of debt, petitions in chancery and partition, moat of the suits being continued until the following term.

The proceedings in the Court of Common Pleas during the second year were almost a repetition of the first, though breaches of the peace became more numerous as the population increased, and at every session there were more or less cases tried in which muscular development had attempted to invade the rights of the law by settling disputes in the old-fashioned way of personal combat. The April term, 1809, was held by the three Associates who presided at the previous December sitting, with Thomas D. Webb as Prosecuting Attorney. The grand jurors called at this session were Elias Harmon (foreman), James , Carter, Gersham Bostwick, Owen Brown, Hiram Roundy, Nathan Sears, Ebenezer Goss, Bela Hubbard, David Waller, Gersham Judson, James M. Hendry (now spelled Henry), Stephen Upson, Timothy Bishop, Jacob Reed and David Root. Indictments were returned against Epaphroditus Stiles and John McManus for assault and battery. The term lasted four days, from the 25th to the 28th inclusive, and the only petit jury empaneled were as follows: Pascal R. McIntosh, Oliver Dickinson, Oliver C. Dickinson,

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Benjamin Oviatt, Mahlon Calvin, Ezra Wyatt, Daniel Stow, Thomas Vanhyning, Silas Waller, Asher Ely, David Baldwin and Stephen Cotton, before whom James Walker was tried for an assault upon Robert Campbell, and convicted.

The next session was held August 22, 23 and 24, 1809, by Hon. Calvin Pease and the three Associates of the previous terms. The grand jury was composed of the following citizens: Gamaliel Kent, Isaac Mills, John Rudolph, David Jennings, Arthur Anderson, Ebenezer Bostwick, James Laughlin, Aaron Miller, David Hudson (foreman), Jonathan Sprague, Raphael Hurlbut, George Darrow, Jr., Amos Lusk, Lewis Ely and Samuel Bishop. The first petit jury of this term tried a non-assumpsit case of John Wright, Sr., vs. Frederick Canis, and decided in favor of the plaintiff. The jurors of this panel were Jeremiah Root, David Pond, Moses Smith, Anson Beman, Man Day, Adam Vance, Henry Vanhyning, Elisha Perkins, Reuben Parker, Henry Bryan, William Neil and Joseph Fisher. The second petit jury tried and convicted John McManus for assault and battery. Its members were Reuben Parker, Joseph Fisher, Henry Vanhyning, Frederick Canis, Jr., Jeremiah Root, William Neil, David Pond, Elisha Perkins, Moses Smith, Anson Beman, Mun Day and Henry Bryan. The third jury trial of this session was a non-assumpsit suit of Caleb Wetmore V8. Elijah Wadsworth, the jury being the same as in the second panel, excepting John Wright, Jr., and Adam Vance replacing Moses Smith and Anson Beman. The case was decided in favor of the defendant. The fourth jury of this term was also the same as the second, excepting Adam Vance instead of Anson Beman, and tried a non-assumpsit suit of James Arbuckle for the use of John Keating vs. William and Titus Wetmore, which was decided in favor of the plaintiff.

The last session of the second year was held December 26, 27 and 28, 1809, the same President and Associate Judges being on the bench, except Judge Wetmore, who was appointed Clerk of the Court of Common Pleas, and the vacancy on the bench was not filled until the meeting of the Legislature in 1810. The grand jurors of this session were Lewis Ely, Robert Campbell, John Blair, Ebenezer Sheldon, Josiah Starr, Joseph Darrow, Heman Oviatt, (foreman), James Robinson, Josiah Mix, Henry Chittenden, Champlin Minard, Benjamin Stow, Erastus Carter, John Oviatt and Jeremiah Root. Indictments were found against John Bolles, David Wright and Philip Ward, for assault and battery; against Joshua King for selling liquors in less quantities than allowed by his license; and against Isaac Bacon for a breach of the revenue laws. The case against David Wright for an assault upon Jacob Vanhyning, was tried before the following jury: Joel Walter, Stephen Cotton, Elisha Sears, John McWhorter, Gideon Chittenden, Jacob Reed, Erastus Skinner, Joel Gaylord, David Root, Wiley Hamilton, Ebenezer Bostwick and Arthur Anderson, who found Wright guilty as charged in the indictment. We have now run through the first two years of the record of the Court of Common Pleas, and given a brief outline of its proceedings. In giving the lists of the several juries„ the sole object the writer has in view is to furnish the reader with the names of those pioneers who took the most active part in the judicial affairs of. Portage County during the earlier years of its history.

The pioneers troubled their brains very little about the written code, but were a law unto themselves. As good illustrations of their peculiar mode of administering justice in their inferior courts, the following cases will serve our purpose. A man in Randolph Township was arrested for breaking the Sabbath, found guilty and sentenced to imprisonment in Jail for six hours. But the joke of it was there was no Jail, and the prisoner was set free and the

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complainant ordered by the Court to pay the costs of the trial. Another amusing case was tried July 8, 1815, before Elijah Alford, the first Justice of the Peace of Windham Township, being that of Hiram Messenger vs. Thatcher F. Conant, "for the value of an otter's hole." In going to Garrett's Mill, Messenger tracked an otter into its hole, and, as he supposed, fastened him in with a stone, and then went on his way rejoicing. Meeting Conant he sold his claim to him for $3. The purchaser had no trouble in finding the hole, but if it ever had contained an otter the animal had vanished, and Conant, therefore, refused to pay for the empty hole. Messenger sued him before Squire Alford, and recovered judgment for the $3. Conant thereupon gave notice of appeal, which the Squire prevented by paying Messenger the money, and remitting the costs of the suit. Thus the case was settled to the entire satisfaction of both parties, and the only loser in the affair was the good- natured Justice of the Peace, who took this means of preventing an expensive lawsuit, and at the same time upholding the justice of his decision.

Common Pleas Judges.-Calvin Pease, from August, 1808 to December, 1809; Benjamin Ruggles, January, 1810, to October,1815; George Tod, October, 1815, to February, 1830; Reuben Wood, February, 1830, to February, 1833; Mathew Birchard, February, 1833, to January, 1837; Van R. Humphrey, January, 1837, to February, 1844; Eben Newton, February, 1844, to January, 1847; Ben- . jamin F. Wade, February, 1847, to March, 1851; George Bliss, April, 1851, to January, 1852. As previously mentioned in this chapter, the Judges of the Court of Common Pleas, prior to 1851, were chosen by the General Assembly of the State, but the constitution framed that year abolished the Associate Judgeship, and divided the State into judicial districts and the districts into subdivisions. The counties of Portage, Trumbull and Mahoning then became the second subdivision of the Ninth Judicial District, and have so remained up to the present. The Judges elected by the people in this subdivision since that time, together with their respective terms of service are as follows: Luther Day, from February, 1852, to February, 1857; Benjamin F. Hoffman, February, 1857 to February, 1862; Charles E. Glidden, February, 1862, to January, 1867; George M. Tuttle, January, 1867, to January, 1872; Philo B. Conant, (extra Judge), October, 1868, to October, 18781 Charles E. Glidden, February, 1872, to February, 1877; Frank G. Servis, elected in the fall of 1876, died in March, 1877; Ezra B. Taylor, appointed March 16, 1877 (vice Servis, deceased), and elected in October, 1877, resigned in September, 1880; William T. Spear, October, 1878, second term expires in October, 1888; George F. Arrel, appointed September 20, 1880 (vice Taylor, resigned), elected in the fall of 1881, term expires in February, 1887.

Associate Judges.-William Wetmore, February, 1808, resigned in December, 1809; Aaron Norton, from February, 1808, to February, 1815; Amzi Atwater, February, 1808, to February, 1815; Samuel Forward (vice Wetmore resigned), February, 1810, to February, 1815; Elias Harmon, February, 1815, to February, 1836; Samuel King, Jr. February, 1815, to February, 1820; Alva Day, February, 1815, to February, 1829; Augustus Baldwin, February, 1820, to February, 1827; Elkanah Richardson, February, 1827, to February, 1834; George B. DePeyster, February, 1829, to February, 1836; Charles Sumner, February, 1834, to February, 1840; Ira Selby, February, 1836, to February, 1843; Joseph Lewis, February, 1836, to February, 1843; Jeremiah Moulton, March, 1840, to March, 1847; Jonathan Foster, February, 1843, to February, 1850; Thomas B. Selby, February, 1843, to February, 1850; Isaac Swift, March, 1847, to January, 1852; Isaac Brayton, February, 1850, to January, 1852; Luther L, Brown, March, 1850, to January, 1852.

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PAGE 335 PICTURE OF CYNTHIA CROCKER

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Prosecuting Attorneys.—Asa D. Keyes, 1808; Thomas D. Webb, from January, 1809, to April, 1810; Benjamin Tappan, 1810; Thomas D. Webb, 1811, to 1812; Peter Hitchcock, 1813, to 1814; Calvin Pease, 1815, to February, 1816; Darius Lyman, March, 1816, to 1818; Jonathan Sloane, 1819; Darius Lyman, 1820, to 1828; Lucius V. Bierce, January, 1829, to January, 1839; Daniel R. Tilden, January, 1839, to January, 1844; Luther Day, January, 1844, to January, 1846; Robert F. Paine, January, 1846, to January, 1848; Luther Day, January, 1848, to January, 1851; Samuel Strawder, January, 1851, to January, 1856; Ezra B. Taylor, January, 1856, to January, 1858; Joseph D. Horton, January, 1858, to January, 1860; Philo B. Conant, January, 1860, to January, 1862; Alphonso Hart, January, 1862, to January, 1865; Horace H. Willard, January, 1865, to January, 1868; E. L. Webber, January, 1868, to January, 1870; C. A. Reed, January, 1870, to January, 1874; George F. Robinson, January, 1874, to January, 1878; 0. S. Ferris, January, 1878, to January, 1880; Joseph D. Horton, January, 1880, to September, 1882; John Meharg, September, 1882, to January, 1884; I. T. Siddall, January, 1884, term expires in January, 1887.

In the early days of mud roads and log-cabins, the lawyers rode the circuit with the Judge, on horseback, from county to county, equipped with the old fashioned leggin and saddle-bags. The party usually had their appointed stopping places where they were expected, and, on their arrival, the chickens, dried apples, maple sugar, corn dodgers and old whisky suffered, while the best storytellers regaled the company with humor and anecdotes. Among the pioneers of Portage County were some who possessed a fair knowledge of the law, and two at least who were full-fledged lawyers—Benjamin Tappan and Asa D. Keyes. Upon the organization of the county, and the selection of Ravenna as the seat of justice, lawyers' offices began to make their appearance in the village. The disciples of Blackstone and Kent seem to have always looked upon Ravenna as a fruitful field for their profession, for there has been no period of its history when it has not contained one or more of the leading attorneys of northeastern Ohio.

Hon. Benjamin Tappan was the first lawyer to locate in Portage County. He was born in Massachusetts, in 1773, received a good education in his native State, and there read law and was admitted to the bar. In the summer of 1799 he located in what is now the southeast corner of Ravenna Township, and built the first log-cabin in that subdivision. In the summer of 1800 he went to Connecticut, and married Miss Nancy Wright, and with his young bride returned to his cabin in the primeval forest of this county. In 1803 he was chosen to represent the Trumbull district in the Ohio Senate, and served one term. The act erecting Portage County designated his house as the temporary place for holding the courts of said county, until a seat of justice should be selected. By this time he had removed to the second residence built by him, which stood on he farm now owned by Marcus Heath, about one mile east of Ravenna. His father was the owner of the south division of lots in Ravenna Township, and had appointed his son Benjamin as his agent, and as such the latter laid out the old town plat of Ravenna, early in 1808, which was sub- sequently selected by the State Commissioners for the seat of justice of Portage County. About 1809 Judge Tappan left this county and located at Steubenville, though for several years afterward he attended court at Ravenna, and was the Prosecuting Attorney in 1810. He became President Judge of he Fifth Judicial Circuit, and in 1833 was made United States District Judge. His name is widely known as the compiler of " Tappan's Reports." In 1820 Judge Tappan was one of four Gubernatorial candidates, yet strange to say

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received only seven votes in Portage County. In December, 1838, he was elected as a Democrat to the United States Senate, Thomas Ewing being hit Whig opponent, and served until 1845. After a long and useful public career, Judge Tappan retired from active life, and died in 1857, at the ripe age of eighty-four.

Asa D. Keyes, whose father, Daniel Keyes, settled in Shalersville Township in 1807-08, was, doubtless, the second resident attorney of the county. He was a native of Connecticut and a young man of considerable talent but tit intemperate habits, At the first session of the Court of Common Pleas Portage County, beginning August 23, 1808, Mr. Reyes was appointed Proscuting Attorney and served in that capacity until the close of the year. Li further is known of him, and he must have removed from the county at early day. He once hired a horse of Judge Amzi Atwater to go to W and on his return said to the Judge, that he believed he had changed bridle. " Yes," said Judge Atwater, " and the horse too—that is a better h than I let you have." It was afterward discovered that Keyes, and a Sq Tyler, of Hubbard, had been imbibing pretty freely all day, and on get ready to leave Warren were so " full " that each mounted the other's ho and rode home without having the faintest knowledge of the comical blunder

Hon. Darius Lyman was the next attorney to open an office in Ravenna He was born in Litchfield County, Conn., July 19, 1789, graduated at Williams College, in 1810, studied law in Norfolk, Conn., was admitted to practice and came to Ravenna in 1814. He was Prosecuting Attorney from 18 to 1818, and again from 1820 to 1828, and represented Portage County in Ohio Legislature from 1816 to 1820. From 1828 to 1832 he served in State Senate, and was elected to the same position in 1833 and in 1849, serving one term at each period. In 1832 he was the Whig and Anti-Masonic c date for Governor of Ohio, but was defeated by Robert Lucas, the Demo nominee. He continued in the practice of law at Ravenna until his el to the office of Probate Judge in the fall of 1854, in which position he nine years. Judge Lyman was neither an orator nor a brilliant advocate, his love of justice and unswerving integrity gave him influence with Court jury, and made him a formidable competitor. After retiring from the Pro Judgeship, in 1864, he removed to Cleveland, where he died about ten ye ago. He was twice married and was the father of six children. His eldest son, Prof. Darius Lyman, Jr., has served twenty years in the Treasury Department at Washington, D. C., and a grandson, Henry D. Lyman, has been Second An sistant Postmaster-General.

Hon. Jonathan Sloane settled in Ravenna in 1816, where he continued the practice of his profession until 1837, in which year he retired from active life. He was born in Pelham, Mass., in November, 1785, and graduated Williams College in the class of 1812. Soon after graduating he commenced reading law in the office, of Jonathan Lyman, Esq., of Northampton, Mass., was admitted to the bar in 1816. He then came West, took up his residence in Ravenna, and soon gained an honorable position at the bar. He was Pros, ecuting Attorney in 1819, a member of the Legislature in 1820-22, was it the Ohio Senate 1822-24 and 1826-28, and represented the Fifteenth Congressional District in the United States House of Representatives from 1833 to 1837. From the commencement of Mr. Sloane's rest, deuce in Ravenna, he was the general agent of the Tappan family for the sale of their lands in this section, which position he held many years and by means of which he became well and favorably known to most of the early settlers, being always lenient and obliging to those who purchased Is

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of him. He took an active part in obtaining the charter of the Pennsylvania & Ohio Canal, and the successful completion of this then important public work was greatly due to his influence and efficient efforts in its behalf. At the expiration of his second term in Congress he gave up the practice of law, and gradually withdrew from business life. He never married, and physical infirmities growing upon him, he retired from society many years before his death, which occurred April 25, 1854, always relishing, however, the visits of his old friends and associates. Mr. Sloane possessed none of the graces of oratory, but during his prime he was a forcible, energetic advocate, and a sound and able counsellor, achieving the distinction of being the best Chancery lawyer on the Western Reserve.

Gen. Lucius V. Bierce comes next in the order of time. He was a native of Litchfield County, Conn., but came to Ohio when young; graduated from the Ohio University at Athens, where he subsequently studied law, and was admitted to the bar at Ravenna in September, 1825. Gen. Bierce became quite distinguished as a criminal lawyer throughout northern Ohio, and was Prosecuting Attorney of Portage County from 1829 to 1839. He remained in Ravenna until October, 1851, at which time he removed to Akron, where he followed the practice of his profession until his death, about ten years ago. From 1862 to 1864 he represented the Twenty-sixth Senatorial District in the Ohio Assembly, and held various other offices. He was twice married, but left no children. He devoted considerable time to writing historical sketches of the Western Reserve, exhibiting considerable taste and ability in literary pursuits.

At the close of 1825 we find but three resident attorneys in what is now Portage County, viz.: Darius Lyman, Jonathan Sloane and Lucius V. Bierce. But there were a number of visiting attorneys who practiced regularly at this bar from the time the county was organized, among the most prominent of whom might be mentioned John S. Edwards, Robert S. Parkman, Elderkin Potter, Calvin Pease, Thomas D. Webb, Peter Hitchcock, Benjamin Tappan, John C. Wright, Elisha Whittlesey, Reuben Wood, Van R. Humphrey, George D. Norton, Andrew W. Loomis and a Mr. Metcalf, all of whom won their way to high positions. Among later visiting lawyers we find Gregory Powers, D. K. Carter, Wyllis Sillman, Samuel W. McClure, Eben Newton, Henry McKinney and Milton Sutliff.

William Turner was admitted to the bar in Ravenna in January, 1828, and about the same time John Pearson opened an office in the village. Turner was a fine classical scholar, and after many years' practice removed to Wooster, abandoned the profession and subsequently died in Cleveland. Little is remembered of Pearson, who did not remain long in this county.

William S. C. Otis was also one of the pioneer lawyers of Portage County. He came to Ravenna at an early day, and was associated in law practice with Hon. Jonathan Sloane, under the firm name of Sloane & Otis. Through legal ability Mr. Otis attained to an eminent position at the bar in Portage and surrounding counties. He removed to Akron and afterward to Cleveland, and became somewhat famous as a railroad lawyer, devoting most of his time to that branch of practice. Mr. Otis died in Cleveland a few years ago: A more exhaustive sketch of this gentleman will be found among Ravenna Township biographies.

Hon. Rufus P. Spalding was born at West Tisbury, Mass., May 3. 1798, graduated at Yale College in 1817, read law in the office of Chief Justice Zephaniah Swift, of Connecticut, and was there admitted to practice. In 1820 he opened an office at Little Rock, Ark., but after remaining there a year and

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a half, returned East and located at Warren, Trumbull Co., Ohio. He continued the practice of his profession at Warren until 1838, when he removed to Ravenna, where he soon became recognized as a leading attorney, and represented Portage County in the Ohio Legislature from 1839 to 1840. In the latter year he removed to Akron, and in 1841-42 served another term in the Legislature, representing the new county of Summit. The General Assembly of 1848-49 elected him a Judge of the Supreme Court of Ohio, for the term of seven years, but through the Constitution of 1851 the office became elective by the people, and his term thus expired after three years' service. On leaving the bench he removed to Cleveland, and in October, 1862, was elected, as a Republican, to Congress, re-elected in 1864 and again in 1866. Upon the expiration of his third term he returned to the practice of law. He has been twice married, three children surviving from the first marriage. Judge Spaulding, though yet living in Cleveland, has not been engaged in active practice for some years, as he is now (March, 1885,) within two months of being eighty-seven years old. As a lawyer and statesman he achieved a wide reputation. He possessed in his prime a profound knowledge of the law, great power as a debater, and the ability of strongly impressing both courts and juries, while his dignified appearance and manner heightened the effect of his arguments.

Hon. Daniel R. Tilden was born in Lebanon, Conn., in November, 1807, came to Ohio about 1830, studied law with Rufus P. Spalding at Warren, Ohio, and was there admitted to the bar in 1837. The same year he entered into partnership with his preceptor, and in 1838 both came to Ravenna opened ah office and remained in law practice together until 1839. In 1839-40 he was a member of the law firm of Sloane & Otis, and from 1839 to 1844 was Prosecuting Attorney of this county. About this time he went into partnership with John L Romney, under the firm name of Tilden & Ranney, which continued until his removal to Akron in 1850. He practiced his profession in Akron until 1852, when he removed to Cleveland. Mr. Tilden was elected to Congress from the Portage District in 1842, re-elected in 1844 and served until 1847. Soon after settling in Cleveland he was elected Probate Judged and at the close of his present term will have held the position thirty-three years. During all the years of Mr. Tilden's legal practice, he sustained the reputation of being an able advocate, a good lawyer and an honorable member of the profession. As a legislator he was loyal to his own convictions of right, and the best interests of his constituents.

John L. Ranney was born in Blandford, Mass., November 14, 1815, and in 1824 his father removed with his family from the East, to Freedom Township; Portage Co., Ohio. The educational advantages of John L. were limited to the common schools, and a brief academic course. He read law in Jefferson, Ashtabula County, with his brother Judge R. P. Ranney and Senator B. F.: Wade. After being admitted to the bar, he settled in Ravenna, and soon after formed a partnership with Daniel R. Tilden, under the firm name of Tilden & Ranney. This law firm continued business until Mr. Tilden's removal to Akron in 1850. Subsequently the firm of Ranney & Taylor was organized, and later the law firm of J. L. & H. C. Ranney, which continued until February 22, 1866, the time of J. L. Ranney's death. He was the Democratic can. didate for Congress in 1858, and was President of the First National Bank of Ravenna from its organization to the close of his life. If not so distinguished as his brother, Judge Rufus P., he may be safely classed among the leading lawyers of his time in this county. He was a gentleman of high intelligence, strict integrity and untiring industry in the prosecution of his professional labors.

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Hon. Luther Day. For biography of this gentleman see personal sketches under heading of Ravenna Township.

Ebenezer Spalding came from Connecticut to Ravenna about 1840, where he engaged in the practice of law. He was Clerk of the Court of Common Pleas from 1852 to 1855, and subsequently followed his profession until November, 1861, when he removed to St. Louis, Mo., where he died in August, 1866.

Christopher P. Wolcott located in Ravenna a few years after Ebenezer Spaulding, whence he removed to Akron. He became quite a prominent lawyer, and was Attorney-General of Ohio from 1856 to 1861.

Hon. Robert F. Paine studied law with Daniel R. Tilden, was admitted to practice, and opened his first office at Garrettsville, whence in March, 1846, he came to Ravenna. He represented Portage County in the Ohio Legislature in 1844-45, and was Prosecuting Attorney in 1846-48. In the latter year he removed to Cleveland, where he was subsequently elected Judge of the Court of Common Pleas. If not profound, Judge Paine is adroit and successful as a jury lawyer, and has won and retained a large practice at the Cleveland bar, of which he is still an active member.

Hon. Ezra B. Taylor was born in Nelson Township, Portage Co., Ohio, July 9, 1823. He acquired an academic education, and studied law at Garrettsville with Hon. Robert F. Paine. After his admission to the bar, in August, 1845, he commenced practice in Garrettsville, whence he removed to Ravenna in 1847, and for some years was the partner of John L. Ranney. He was Prosecuting Attorney in 1856-58, and for many years was recognized as one of the leading lawyers of the Portage County bar. He removed to Warren in 1861, was appointed Judge of the Court of Common Pleas, vice Judge Servis, deceased, and in October, 1877, elected as his own successor. In September, 1880, he resigned the Judgeship, and the same fall was elected to Congress by the Republican party, and has been twice re-elected, being now in his third term.

Hon. O. P. Brown was born in Onondaga County, N. Y., March 11, 1817, and in 1829 removed with his parents to St. Catharines, Canada, and the following year to Ashtabula County, Ohio. He received a good common school education, and taught for several winters to assist him in completing his higher scholastic and professional studies. At the age of twenty he entered the law office of Wade & Ranney in Jefferson, Ohio, and read with this celebrated firm until 1839, when he was admitted to practice. He immediately opened an office in Chardon, Geauga County, and was soon regarded as a rising young man of fine promise. While at Chardon he assisted in establishing the Jeffersonian Democrat, which he edited one year. In the fall of 1850 he ran against Hon. Peter Hitchcock for a seat in the Constitutional Convention, and after a splendid campaign was defeated by only 180 votes. In 1852 he removed to Ravenna, and formed a partnership with Samuel Strawder. He was the first Mayor of Ravenna, elected in 1853, and re-elected the following year. He was the State Senator from the Portage-Summit District in 1856-58, and in September of the latter year was one of the Republican candidates in this district for Congressional nomination, and on the twenty-second ballot received exactly half the votes of the convention, but after the next ballot he withdrew from the contest. In the fall of 1863 he was elected Probate Judge of Portage County, and took his office in February, 1864, but disease had laid its heavy hand upon him, and being unable to attend to his official duties, he resigned on the 9th of day following, and died June 25, 1864. Judge Brown was a genial man of fine natural endowments, and highly gifted as a popular

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speaker. Rising at times to true eloquence, he then exhibited great powers of persuasion, and produced a marked effect upon his audience. He was at ones the champion of temperance and freedom, and did all in his power to stem the tide of strong drink and abolish the curse of slavery.

Hon. Philo B. Conant, though yet an active member of the bar, has been so ,long and prominently associated with it that he can with propriety be classed among its later pioneers. He was born in Windham Township, Port tage Co., Ohio, August 3, 1837; studied law with a maternal uncle, Alexander Bierce, in Canton, Ohio, and was admitted to the bar in Ravenna in 1850. He began practice in 1853, and in 1860-62 served as Prosecuting Attorney. 1.4 1867 he was elected to the State Senate, but resigned in August, 1868, to accept the Common Pleas Judgeship, in which position he served ten pater. Judge Conant is recognized as a lawyer of good abilities, and both upon the bench and at the bar has ever been guided by conscientious convictions of justice and right. Upon retiring from the bench in October, 1878, he resumed the practice of his profession, in which he has since been actively engaged.

Joseph D. Horton was born in Randolph Township, Portage Co., Ohio] January 3, 1833. For several years he lived in Nelson Township, there enjoyed brief academic advantages, and followed teaching a short time. In 1853 he entered the law office of Bonney & Taylor, in Ravenna, and waft admitted to the bar in 1855. Soon after his admission the firm of Taylor Horton was formed, and subsequently Judge Luther Day became a member of the firm, which as Day, Taylor & Horton, existed three years. The old find of Taylor & Horton was then resumed, but subsequently took in John Meharg who, however, retired from the firm upon taking the office of Clerk of the Court of Common Pleas, but. which he again entered in 1882. Mr. Horton died September 14, 1882, after a professional experience of twenty-seven years: He was Prosecuting Attorney in 1858-60, and again in 1880-82. He was Mayor of Ravenna several terms, and during the early part of the war

Military Commissioner of the county. He represented Portage County in the Constitutional Convention of 1873, ranking as one of its ablest members. In his professional life, Mr. Horton was engaged in nearly every prominent trial and among the members of the bar his conclusions and opinions upon point of law were usually accepted as sound. As an illustration of the position he occupied in his profession, the following anecdote is told by one who him well. Some years ago a group of lawyers were discussing a knotty poi of law, and none could clear it up. "There comes Horton," said Judge Taylor, "ask him, he knows more law than all of us." This frank expression Judge Taylor's seems to be the opinion of nearly every lawyer who knew Mr. Horton, for his assistance was generally sought whenever intricate question were involved.

Hon. Alphonse Hart came to Ravenna from Trumbull County, Ohio, in July, 1854, and with R. E. Craig purchased the Portage Sentinel of Samuel D. Harris, Jr., one of the founders of the paper. He conducted the Sentinel until the close of 1857, but during this time had read law and was admitted to the bar. In 1863 the firm of Hart & Reed was formed and lasted ten years Mr. Hart soon gained a prominent position at the bar, was Prosecuting Attorney from 1862 to 1865, State Senator in 1864-66, and again represented this district in the Ohio Senate in 1872-74. He was the Presidential Elector front this Congressional district in 1872, and cast his vote for Grant and Wilson. In 1873 he was elected Lieutenant-Governor of Ohio, and in that year removed to Cleveland. He afterward went from Cleveland to Hillsboro, Ohio, where he was elected to Congress. During his term in Congress he was recognized as a sound thinker and an able, ready debater.

HISTORY OF PORTAGE COUNTY - 343

Among the attorneys who have been members of this bar in the past are Samuel Strawder, Lyman W. Hall, F. W. Tappan, Archibald Servoss, N. L. Jeffries, E. Ferry, H. H. Willard, J. W. Tyler, 0. W. Strong, Edward P. Bassett, Lester L. Bond, J. S. Hinman, James Hall, B. F. Curtiss, William McClintock, H. B. Foster, G. F. Brown, L. D. Woodworth, H. C. Ranney, J. Crowell, 0. A. Taylor, C. W. Leffingwell, J. G. Hole, A. W. Beman, H. A. Waldo, J. H. Terry, E. L. Webber, S. E. Fink, E. W. Stuart, Will Pound, A. A. Thayer, I. N. Frisbee, F. 0. Wadsworth, A. J. Dyer, W. L. Marvin, H. C. Sanford, M. G. Garrison and M. A. Norris.

The present bar of Portage County embraces twenty-nine attorneys, some of whom, however, are not very actively engaged in the profession. The lawyers of Ravenna are Philo B. Conant, Michael Stuart, William B. Thomas, Cornelius A. Reed, John Meharg, Andrew Jackson, Gideon Seymour, John Porter, George. F. Robinson, David L. Rockwell, Seth D. Norton, Isaac T. Siddall, Bradford Howland, John H. Dussel, Augustus S. Cole, James H. Nichols, Isaac H. Phelps, Orion P. Sperry, Arthur E. Seaton, Mark W. Phelps and James W. Holcomb. In Kent there are S. P. Wolcott, 0. S. Rockwell, W. W. Patton and T. W. Peckinpaugh. In Garrettsville we find 0. S. Ferris, E. W. Matson and R. S. Webb; and C. D. Ingell, at Mantua Station.

The Portage County Medical Association was organized at a meeting of physicians held at the Gillett House, in Ravenna, in June, 1866. The meeting was called to order by Dr. Joseph Waggoner, upon which Dr. P. C. Bennett was elected Chairman, and Dr. F. F. McCreary Secretary. The Chair appointed Drs. A. M. Sherman, E. Warrington and 0. Ferris a committee to draft a constitution and by-laws for the government of the society, which were subsequently reported and adopted. The following physicians then signified their intention of becoming members of the association viz.: Drs. P. C. Bennett, A. Belding, J. G. Lewis, 0. Ferris, J. W. Shively, Charles E. Poe, G. B. Baldwin, George Sadler, A. M. Sherman, P. H. Sawyer, Joseph Waggoner, B. F. Pitman, Ezra Rose, E. Warrington, A. W. Alcorn, C. S. Leonard and

F. F. McCreary. After their names were recorded they at once proceeded to the election of officers' with the following result: Dr. P. C. Bennett, Presi- dent; Dr. A. Belding, Vice-President; Dr. F. F. McCreary, Secretary; Dr. C. S. Leonard, Treasurer. The several committees were then appointed, and Dr. P. Barron admitted as an honorary member, after which the society adjourned to meet at Ravenna, January 27, 1867.. On that date Drs. Joseph Price, F. C. Applegate and W. S. Hough were admitted to membership. Dr. Isaac Swift, who located in Ravenna in 1815, was made an honorary member the same day, and at the succeeding June meeting Dr. Joseph DeWolf, who opened an office in Ravenna in 1810, was also admitted to an honorary membership.

The officers of the society elected each June since 1866, have been as follows: 1867—Dr. A. Belding, President; Dr. Joseph Price, Vice-President; Dr. C. S. Leonard, Secretary; Dr. Charles E. Poe, Treasurer. 1868—Dr. Joseph Price, President; Dr. Joseph Waggoner, Vice-President; Dr. George Sadler, Secretary; Dr. 0. Ferris, Treasurer. 1869—Dr. Joseph Waggoner, President; Dr. A. M. Sherman; Vice-President; Dr. A. W. Alcorn, Secretary; Dr. E. Warrington, Treasurer. 1870—Dr. A. M. Sherman, President; Dr. C. S. Leonard, Vice-President; Dr. E. W. Price, Secretary; Dr. P. H. Sawyer, Treasurer. 1871—Dr. C. S. Leonard, President; Dr. G. B. Baldwin, Vice-President; Dr. John Ewing, Secretary; Dr. Joseph Waggoner, Treasurer. 1872—Dr. G. B. Baldwin, President; Dr. P. H. Sawyer, Vice-President; Dr. A. W. Alcorn, Secretary; Dr. Joseph Waggoner, Treasurer. 1873—Dr. E. Warrington, President; Dr. F. C. Applegate, Vice-President; Dr. A. W.

344 - HISTORY OF PORTAGE COUNTY.

Alcorn, Secretary; Dr. Joseph Waggoner, Treasurer. 1874—Dr. F. C. Applegate, President; Dr. A. W. Alcorn, Vice-President; Dr. H. P. Hugus, Secretary; Dr. C. S. Leonard, Treasurer. 1875—Dr. A. W. Alcorn, President; Dr. 0. Ferris, Vice-President; Dr. H. P. Hugus, Secretary; Dr. C. S. Leonard, Treasurer. 1876-Dr. 0. Ferris, President; Dr. George M. Proctor, Vice. President; Dr. H. P. Hugus, Secretary; Dr. C. S. Leonard, Treasurer. 1877 -Dr. George M. Proctor, President; Dr. K W. Price, Vice-President; Dr. H. P. Hugus, Secretary; Dr. C. S. Leonard, Treasurer. 1878—Dr. E. W. Price, President; Dr. B. B. Laughead, Vice-President; Dr. H. P. Hugus, Secretary; Dr. C. S. Leonard, Treasurer. 1879—Dr. B. B. Laughead, President; Dr. H. P. Hugus, Vice-President; Dr. A. W. Alcorn, Secretary; Dr. C. S. Leonard, Treasurer. 1880-Dr. H. P. Hugus, President; Dr. H. H. Spiers, Vice-President; Dr. F. R. Morath, • Secretary; Dr. George M. Proctor, Treasurer. 1881-Dr. H. H. Spiers, President; Dr. W. G. Smith, Vice-President; Dr. H. P. Hugus, Secretary; Dr. A. W. Alcorn, Treasurer. 1882-Dr. W. G. Smith, President; Dr. A. W. Alcorn, First Vice-President; Dr. Charles A. May, Second Vice-President; Dr. F. R. Morath, Secretary; Dr. H. P. Hugus, Treasurer. 1883—Dr. Charles A. May, President; Dr. C. S. Leonard, First Vice-President; Dr. Joseph Price, Second Vice-President; Dr. Joseph Waggoner, Secretary; Dr. B. B. Laughead, Treasurer. 1884-Dr. G. 0. Frazier, President; Dr. A. W. Alcorn, First Vice-President; Dr. George M. Proctor, Second Vice-President; Dr. Joseph Waggoner, Secretary; Dr. B. B. Laughead, Treasurer.

The principal object of the society is to stimulate and encourage the dissemination of medical science among its members, and so control their mode of practice as to bring it within the code of medical ethics usually adopted by he societies of the " regular " school of medicine. The most important feature of such societies is the interchange of thought and discussion which takes place between the members at their meetings. Any strange or difficult cases that may have come under their observation are reported and discussed, and opinions exchanged as to the most successful mode of treatment to be followed. A well-conducted medical society thus becomes a training school for the profession, and the meetings are looked forward to with much pleasure and interest. The. greater number of the " regular " physicians of this county have belonged to the Portage County Medical Association at some period of its existence. Some have died, others have removed from the county, and still others have severed their connection with the society, and no longer take any interest in its doings. The society, however, is continually- receiving new members, and is now in a flourishing condition. It contains at this writing (March, 1885,) twenty-two members, whose names are as follows: Drs. Joseph Waggoner, A. W. Alcorn, C. S. Leonard and B. B. Laughead, of Ravenna; Drs. A. M. Sherman, J. W. Shively, E. W. Price and J. D. Davis. of Kent; Dr. E. Warrington, of Atwater; Drs. Joseph Price, G. 0. Frazier and C. S. Hiddleson, of Randolph; Drs. W. G. Smith, L. C.. Rose, William Jenkins and B. B. Davis, of Palmyra; Dr. F. C. Applegate, of Windham; Dr. Seth L. Sloan, of Freedom; Dr. George M. Proctor, of Shalersville; Dr. Charles A. May, of Streetsboro; Dr. W. H. McConnell, of Brimfield, and Dr. H. H. Spiers. of Edinburg. In 1866 and 1867, the meetings of the society were semi-annual, in 1868, quarterly, but ever since the latter year they have been monthly, and are productive of great benefit to the members of the association.